1 20 03 Skeleton SheetCITY COUNCIL SPECIAL SESSION, JANUARY 20, 2003
COUNCIL MET IN SP~ECIAL SESSION AT 5:30 P.M. IN THE MBRARY AUDI/TORIUM
PRESENT: MAYOR//DUGGAN, CO~INCIL MEMBERS BUoL,
CMNE, CONNORS,
MARKHpM, MICH~SKI, NICH~SON
/
ABSENT:
Mayor Duggan read the call and stated this is a special session of the City Council
called for the purpose of meeting with the Convention and Visitors Bureau
Motion to adjourn at ~
Nays
Michalski
Nicholson
/ Suol
e
~/~/~/~onnom
Duggan
~ Markham
CITY COUNCIL REGULAR SESSION, JANUARY 20, 2003
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM
?
PRESENT: MAYOR I~JGGAN, COUNCIL MEMBERS B~OL, CLI/NNE, CONNORS,
MAR ' , MiC, s , N,O' LSON
ABSENT:
Mayor Duggan read the call and stated this is ;t~ession of the City Council
called for the purpose of discussing such matters which may properly come before the
City Council.
INVOCATION: Reverend Tim Bees, Pastor, First Baptist Church
2
(~NT ITEMS
~ /es Nays
/~Michalski
/ /~Nichoison
/ y/B.oi
/ - Cline
Connors
// Du~gan
Markham
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
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
Printed Official Council Proceedings for month of November, 2002
Finance Director submitting the financial reports for the month ending December 31,
2002
Fiscal Year 2003 Second Quarter Report from the Substance Abuse Services Center
Suggested Disposition: Receive and File; Approve as Printed
3
=
Notice of Claims/Suits
Damian Baumhover for property damage; Paul J. Behnke for vehicle damage; Tim
Bushman for property damage; William Gerlach for vehicle damage; Janice Hoerner for
personal injury; Patricia Morrison for personal injury
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
Corporation Counsel recommending denial of the claim of Fannie Stout House for
property damage.
Corporation Counsel recommending settlement of the claim of Paul J. Behnke for
vehicle damage and VVilliam Gerlach for vehicle damage and directing Finance Director
to issue payment.
Suggested Disposition: Receive and File; Concur; Finance Director to Issue
Payment
=
Citizen Communication
Communication from Mary Alice Walsh regarding the recently enacted "No Parking at
Any Time" restriction on Kane Street.
Suggested Disposition: Receive and File
Community Development Advisory Commission
Communication from R.J. Sullivan submitting his resignation from the Community
Development Advisory Commission.
Suggested Disposition: Receive and File; Accept Resignation
Ayes Nays
Michalski
~ Nicholson
/ Buol
Cline
Connors
Duggan
Markham
4
Civil Service Commission
Civil Service Commission submitting the certified list for the positions of Assistant Police
Chief, Police Captain, and Police Lieutenant.
Suggested Disposition: Receive and File; Make a Matter of Record
Wal-Mart Stores, Inc. Tax Appeal
Corporation Council submitting a Stipulation of Settlement of a tax assessment appeal
for properb/located at 4200 Dodge Street, legally described as Lot 2, Wal-Mart
Subdivision, Dubuque, Iowa.
Suggested Disposition: Receive and File; Approve
2389 University Avenue - Final Plat
Zoning Advisory Commission recommending approval of the plat of survey of Lot 1 of 1
of 224 and Lot 2 of I of 224 Finley's Addition (2380 University Avenue) as requested by
Dennis and Amy McCarthy.
RESOLUTION /'~'~ ~-~ Approving the plat of survey of Lot I of I of 224 and Lot
2 of I of 224 Finley's Addition
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Michalski
~Nicholson
/ Buol
Cline
Connors
Duggan
Markham
5
O'Mara Second Subdivision - Plat of Subdivision
Zoning Advisory Commission recommending 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.
RESOLUTION /~'~..~ Approving the plat of subdivision of Lot 1 and Lot 2 of
O'Mara Second Subdivision in the County of Dubuque, Iowa
Suggested Disposition: Receive and File: Adopt Resolution
2002 Sidewalk Assessment Project
City Manager recommending approval of the final assessment schedule for the 2002
Sidewalk Assessment Project.
RESOLUTION / ~/' ~..~ 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 installments, the time when the assessments are
payable and directing the Clerk to certify the final schedule and to publish notice thereof
Suggested Disposition: Receive and File; Adopt Resolution
10.
Chavenelle Drive - Acceptance
City Manager recommending acceptance of the Chavenelle Ddve Extension Project in
the final contract amount of $583,148.07 as completed by Portzen Construction, Inc.
RESOLUTION
RESOLUTION
Accepting improvement
Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Michalski
Nicholson
Buol
Cline
Connors
Duggan
Markham
6
11.
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 ~OId Highway Road."
RESOLUTION / ~' ~ Approving an addendum to the Preconstruction
Agreement between the City of Dubuque and the Iowa Department of Transportation for
improvements to US 20
Suggested Disposition: Receive and File; Adopt Resolution
12.
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 Henry Stout Place Apartments to include an
encroachment for a set of steps on the Iowa Street sidewalk.
Suggested Disposition: Receive and File; Approve
13.
Conservation Design Forum
Council Member Joyce Connors submitting information on Conservation Design Forum
(CDF), with respect to identifying potential cost effective, ecologically sustainable
stormwater management alternatives.
Suggested Disposition: Receive and File
Ayes Nays
Michalski
Nicholson
Buol
Cline
Connors
Duggan
Markham
7
14. 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
-J// final report and project summary for the City's $2,500 Preservation Services Fund grant.
//
Suggested Disposition: Receive and File
15. 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.
RESOLUTION /~ - O .~ Accepting improvement
RESOLUTION //~ ' ~-~ Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
16.
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.
'~uggested Disposition: Receive and File; Adopt Resolution
....... -~ / ~/~- ~] Michalski
---'~ -- ~ ~,Nicholson
/
/ b/Cline
/ Connors
RESOLUTION ~ "~_~ Approving Amendment ~L3 to the Fiscal Year
2003 (Program Year 2002) Annual Action Plan for Community Development
Block Grant Funds
Duggan
Markham //
8
17.
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
Histodc Places effective December 20, 2002.
Suggested Disposition: Receive and File
18.
Purchase of Permits Plus Software System
City Manager recommending approval of the pumhase of Permits Plus software system
and a replacement network server for Housing and Community Development
Department.
Suggested Disposition: Receive and File; Approve
19.
Iowa Department of Natural Resources PAYT Grant Proposal
City Manager recommending approval for the Operations and Maintenance Department
to seek a grant from the Iowa Department of Natural Resources for supplying consulting
services at no charge to Iowa communities considering voluntarily implementing PAYT.
Suggested Disposition: Receive and File; Approve
20.
Quarterly Investment Report
City Manager transmitting the December 31, 2002 Quarterly Investment Report.
Suggested Disposition: Receive and File
Ayes Nays
Michalski
Nicholson
Buol
Cline
Connors
Duggan
Markham
9
21,
Business License Refund
Application from Marie Moeller, Bierstube Ltd, for a refund of her beer and liquor license
in the amount of $633.75.
Suggested Disposition: Receive and File; Approve
22.
Business Licenses
RESOLUTION ~ -~._~ Granting the issuance of a Class "C" Beer Permit to
Dubuque Discount Gas, Liquor Depot, and Oky Doky #21
RESOLUTION _..~,~- ~'~ Granting the issuance of a Class "C~ BeedLiquor
License to The Lounge and Town Clock Inn; and Class "B' Wine Permit to Liquor Del~)t
Suggested Disposition: Adopt Resolutions
Ayes Nays
Michalski
Nicholson
Buol
Cline
Connors
Duggan
Markham
10
ITEMS TO BE SET FOR PUBLIC HEARING
Disposal of Property to Dubuque Initiatives - February 3, 2003
Mississippi River Discovery Center Wetlands, Phase II (Interior Walkways) Project
- Initiate - February 17, 2003
Fiscal Year 2004 Annual Action Plan - February 26, 2003
Nays
.M.!chalski
Nicholson
Buol
Cline
Connors
Duggan
Markham
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.
RESOLUTION ~S'~ of Intent to dispose of real property by deed to
Dubuque Initiatives
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2~3~03
Ayes Nays
Michalski
Nicholson
Buol
Cline
Connom
Duggan
Markham
11
Mississippi River Discovery, Center Wetlands, Phase II (Interior Walk'ways) Project
- Initiate
City Manager recommending initiation of the bidding process for the Mississippi River
Discovery Center Wetlands, Phase II (Interior Walkways) Project and that a public
headng be set for February 17, 2003.
RESOLUTION ~-~/'- ~ ~ Preliminary approval of plans and specifications for
the Mississippi River Discovery Center Wetland - Site Package Interior Walkways
Project (Contract I - Wood Piers and Decking, Contract 2 - Wood Framing and
Railings, Contract 3 - Plumbing, Contract 4 - Electrical)
RESOLUTION ~-~- ~.~ 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 Framing and
Railings, Contract 3 - Plumbing, Contract 4 - Electrical)
RESOLUTION ~ '~/-~ Ordering bids for the Mississippi River Discovery
Center Wetland - Site Package Intedor Walkways Project (Contract 1 - Wood Piers and
Decking, Contract 2 - Wood Framing and Railings, Contract 3 - Plumbing, Contract 4 -
Electrical)
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
2117103
Fiscal Year 2004 Annual Action Plan
City Manager recommending that a public hearing be set for February 26, 2003 to
consider the proposed Fiscal Year 2004 Annual Action Plan.
RESOLUTION K~-~'~:~ ~ Setting a public hearing on the Program Year 2003
(Fiscal Year 2004) CommUnity Development Block Grant (CDBG) Annual Plan
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2/26103
Ayes Nays
Michalski
Nicholson
Buol
Cline
Connors
Duggan
Markham
12
BOARD AND COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
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 I - Term of Isenhart):
Applicant: Thomas Wainwright
TV Cable Community Teleprogramming Commission (Two unexpired 3-year terms
through 6130103; One unexpired 3-year term through 6/30/05):
Applicant: Burton Everist
13
PUBLIC HEARINGS
SUSPEND THE RULES
Nays
(~/Michalski
"Nicholson
Buol
Cline
Connors
Duggan
~-larkham
ARC Design Resources, Inc. IJMC 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 I
state or federal funds available for assistance with this project.
Ayes~ Nays
~ Michalski
//~Nichols/on
,,/~ ~uol/
Cline
~/' "Cconnors /
// ~Duggan
/ ~Ma~ham
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 designation 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
assistance to Wal-Mart.
Communication from Phillip A. Ruppel regarding the traffic impact of the proposed Wal-
Mart development.
Communication from Rick Trausch objecting to the proposed Wal-Mart development.
14
Communication from Larry McDermott in opposition to the proposed Wal-Mart
development.
Communication from ~enneth P. Bichell regarding the proposed Wal-Mart development.
ORDINANCE / \ Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque C~de ~)f Ordinances for hereinafter described property located at 16th
and Sycamore Streets from HI Heavy Industrial District to PUD Planned Unit
Development with a PC Planned Commercial designation
Suggested Disposition: Receive and File; Concur with Denial; or Motion B;
Motion A (Super Majority Vote Necessary)
Ayes Nays
Michalski
/. Nicholson
/~Buol
(~',)Cline
~' Connors
Duggan
Markham
Ayes Nays
~ Michalski
// ~) Nichols~n
/~Buol ~/
~' Cortnors ~
~/~ Duggan
Markham
Ayes Nays
Michalski
Nicholson
Buol
Cline
Connors
Duggan
Markham
15
a
296 North Grandview - Request to Rezone
Proof of publication on notice of hearing 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 recommending denial.
Communication from James Heckmann in support of the proposed rezoning. (Provided
as hard copy.)
Communication fron~,C/arol Ruden, Re/Max Advantage, in support of the rezoning.
ORDINANCE /'~ Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code Of Ordinances by reclassifying hereinafter described property
located at 296 North Grandview Avenue from R-1 Single-Family Residential District to
OR Office/High Density Multi-Family Residential District
Suggested Disposition: Receive and File; Concur with Denial; 9.[ Motion B;
Motion A (Super Majority
Ayes Nays ~/
Markham
Ayes Nays
Michalski
Nicholson
Buol
Cline
Connors
Duggan
Markham
16
1320 Locust - Request to Rezone
Proof of publication on notice of headng to consider 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.
ORDINANCE ~ ~'~, '~ 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 Distdct
Suggested Disposition: Receive and File; Motion B; Motion A
~~ __ A los Nays
~-- / ~Michalski
~ ~ ~/Nicholson
/ ~-' Cline
/ Connors
Duggan
~/ Markham
REINSTATE THE RULES
A
Michalski
Nicholson
Buol
Cline
~onnors
~Duggan
Markham
17
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.
RESOLUTION ~'~2 ~ Approving the final plat of Lots 1-33, inclusive, of
Cedar Crest Subdivision in Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
~. _ Buol
~.(~ C,i.e
///~' Connors
× _ Duggan
/(~Markham
18
=
Stormwater Utility Citizens Advisory Committee
Mike Portzen, Chairperson of the Stormwater Utility Citizens Advisory Committee,
submitting their final report.
Suggested Disposition: Receive and File
, ~ Ayes~. Nays
Nicholson
.-, Cline
(//~.~Connors
~ ~' Duggan
// Markham
Ayes Nays
Michalski
Nicholson
Buol
Cline
Connors
Duggan
Markham
Ayes Nays
Michalski
Nicholson
Buol
Cline
Connors
Duggan
Markham
19
Klauer Manufacturing Company
City Manager recommending 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 Plaza.
RESOLUTION ~'~g'~.~ Approving an Offer to Buy and Acceptance for the
purchase of certain real estate in Dubuque County, Iowa from Klauer Manufacturing
Company
Suggested Disposition: Receive and File; Adopt Resolution; Approve Naming
Nays
Michalski
Nicholson
Buol
Cline
Connors
Duggan
"~) Markham
20
m
Bell Street Sidewalk Color Pattern
City Manager recommending approval of a proposed change to the design of the Bell
Street sidewalk, which is curTentiy out for bid, which would revise the sidewalk pattern to
match the buff and white/gray concrete pattern around the Portside building and revise
the crosswalk at FiF(h and Bell Streets.
Suggested Disposition: Receive and File; Approve
es Nays
Michalski
Nicholson
Buol
/~)Cline
~)Connors
~' Duggan
// Markham
Iowa League of Cities Conference
City Manager recommending approval for the City to submit a bid to the Iowa League of
Cities to host the annual conference in 2007, to budget $87400 for expenses associated
with the conference, and to appoint a City Council Member to serve as the City's
representative in planning the Conference.
Suggested Disposition: Receive and File; Approve; Council Appointment ,~
Nays
Michalski
Nicholson
B.u. ol
5.
Duggan
Markham
21
Memorandum of Understanding with Lower Main Development, LLC
City Manager recommending approval of a Memorandum of Understanding with Lower
Main Development, [.LC, concerning the acquisition and renovation of the former Weber
Paper Building, owned by Dubuque Initiatives.
RESOLUTION /~ ~ Approving a Memorandum of Understanding with
Lower Main Development, [.LC
Suggested Disposition: Receive and File; Adopt Resolution
Aye~ Nays
~/Michalski
~/ Nicholson
Buol
Cline
Connors
Duggan
Markham
City Priorities and Issues: Washington, D.C.
City Manager recommending approval of the City of Dubuque Priorities and Requests
for Federal Appropriations.
Suggested Disposition: Receive and File; Approve
Ayes Nays
~ _ Michalski
{/~)Nicholson
~ Buol
(~)Cline
~ Connors
Duggan
Markham
22
am
Graduated Gaming Tax
City Manager submitting a letter to State legislators asking for support for a graduated
gaming tax.
Suggested Disposition: Receive and File
Ayes Nays
~ ~ Michalski
~ ~ .icholson
/, , Buol
'/ ~/Cline
'"/'~~" Connor~
/ Duggan
',,,/Markham
Arts and Culture Task Force
Communication from Jerry Enzler, Executive Director of the Dubuque County Historical
Society, requesting Council consideration to include a representative of the Society to
the recently created Arts and Culture Task Force.
Suggested Disposition: Receive and File; Council ~ I, /~?~
. ,L/ ~/ ~/~
Aye~ Nays
/ ~ Michalski
/
,/ Cline - ~ ~/'
/ Connors
/ Duggan
/~ Markham
23
10.
11.
Council Appointment- Airport Commission /
Appointment of a Council Member (currently Council Member John Markham) to the
Airport Commission f..or a term to expire January 15, 2004.
Suggested Disposition: Receive and File; Council Appointment
Nicholson '/~ /1'
x B.o, U U
/, :) Conno.
// '~' Duggan
/ Markham
Fiscal Year 2004 Operating Budget and Capital Improvement Program
City Manager presenting the Fiscal Year 2004 Operating Budget and Capital
Improvement Program.
Suggested Disposition: Receive and File
A
/
/
/
(ss Nays
Michalski
Nicholson
Buol
Cline
UNCIL MEMBER
Connors
Duggan
Markham
REPORTS
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PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concern to that person and which are not an agenda item. Please take your place at the
microphone and state your name and address clearly. Proceed with your comments; however,
no formal action may be taken at this time on your comments because of the notice
requirements of the Iowa Open Meetings Law.
Motion to adjoum at
/Aye~ Nays
~ Michalski
/~/~ Nicholson
· W~ Buol
/
,/~ '~ Connors
Duggan
Markham
25