Loading...
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 24 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