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10 20 03 Minutes this meetingCITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, October 20, 2003 Council met in Regular Session at 6:30 P.M. in the Library Auditorium 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 discussing such matters which may properly come before the City Council. Invocation was given by Sister Mary Kivlahan, OSF, Pastoral Associate, Holy Trinity Catholic Church. Proclamations: Red Ribbon Week (October 23 – 31, 2003) and 2-1-1 Month (November, 2003) received by Lidia Bertolini. Special Presentation: Katie Krieg, 2620 New Haven, as President of Dubuque Initiatives, spoke and showed a video explaining their request for Council support of a Minor League Baseball Team in Dubuque. Upon motion the communications were received and filed and instructed Staff to prepare language for a referendum ballot on December 16, 2003 and to make application to the Iowa Vision Fund. CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 9/22; Cable TV Regulatory Commission of 10/10; Cable Community Teleprogramming Commission of 10/7; City Council of 10/6; Civil Service of 9/18 and 10/8; Housing Code Appeals Board of 9/16; Human Rights Commission of 9/8; Joint City/County Planning Committee of 9/22; Mechanical Board of 10/1; Zoning Board of Adjustment of 9/25, upon motion received and filed. Proof of publication of City Council Proceedings for September 15 and 26, 2003, upon motion received and filed. Printed Council Proceedings for August, 2003, upon motion approved as printed. Finance Director submitting the City of Dubuque Financial Reports for month ending September 31, 2003, upon motion received and filed. Notice of Claims/Suits: Michael W. Sand for vehicle damage; James C. Walgren for vehicle damage; Raymond Worden, Jr. and Bambi Worden vs. City of Dubuque, upon motion referred to the Legal Staff for investigation and report. Corporation Counsel advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: James Walgren for vehicle damage, upon motion received and filed and concurred. 1 Corporation Counsel recommending settlement of the claim of Kristina Keuter for vehicle damage and James Mess for towing charges and directing the Finance Department to issue proper payment, upon motion received and filed and concurred and Finance Director to issue proper payment. Corporation Counsel recommending that the claim of Michael Sand for vehicle damage be referred to River City Paving, upon motion received and filed and concurred. Citizen Communications: Communication from Tim Laehn regarding a program he has initiated in Allison, Iowa to welcome new residents, upon motion received and filed and referred to the City Manager. Request of Bob Felderman, representing Edward Walz, for a two-hour parking zone in front of 1365-1367-1385-1399 Jackson Street, upon motion received and filed and referred to the City Manager. Eagle Food Centers, Inc.: Notices of filing in the United States Bankruptcy Court for the Northern District of Illinois Eastern Division by Eagle Food Centers, Inc., et al, upon motion received and filed. Tax Appeal: Corporation Counsel submitting a Stipulation of Settlement of two tax assessment appeals for property located at 1105 Grove Terrace (the Hancock House), upon motion received and filed and approved Settlement Stipulation. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Equipment Operator II, upon motion received and filed and made a matter of record. Letter of Appreciation: Communication from Nancy B. Ciapalo thanking the City Council for the recent action regarding the Chestnut Street reconstruction project, upon motion received and filed. Iowa Department of Transportation: Communication from the Iowa Department of Transportation submitting Iowa’s Mississippi River Trail (MRT) Plan and requesting that the City review the plan, upon motion received and filed and referred to the City Manager. Plat of Survey – Lot 1 and Lot 2 of Whites Place: Zoning Advisory Commission recommending approval of the Plat of Survey of Lot 1 and Lot 2 of Whites Place as requested by the City of Dubuque, upon motion received and filed. Buol moved adoption of Resolution No. 387-03 Approving the plat of survey of Lot 1 and Lot 2 of Whites Place No. 2. Seconded by Nicholson. Motion carried 7-0. Final Plat – Medical Associates Subdivision No. 3: Zoning Advisory Commission recommending approval of the final plat of Medical Associates Subdivision No. 3 at the end of Aggie Street as requested by Bob Hartig, upon motion received and filed. Buol moved adoption of Resolution No. 388-03 Approving the final plat of Medical Associates Subdivision No. 3 in the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0. 2 nd Final Plat – Sullivan’s 2 Addition: Zoning Advisory Commission recommending approval of nd the final plat of Sullivan’s 2 Addition as requested by James Sullivan, upon motion received and filed. Buol moved adoption of Resolution No. 389-03 Approving the final plat of Sullivan’s nd 2 Addition in the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0. Administrative Services Fee Renewal: City Manager recommending approval of the administrative services fee renewal rates submitted by Alternative Service Concepts (ASC), the City’s workers’ compensation claims administrator, upon motion received and filed and approved recommendation. Chestnut Street (Highland to Cox) Reconstruction Project: City Manager recommending award of the contract for the Chestnut Street (Highland to Cox) Reconstruction Project to WC Stewart Construction Co., in the amount of $471,823.09 and Resolution awarding contract to WC Stewart Construction Co., presented and read. Dave Stuart, 1470 Locust, spoke and stated residents’ questions were not answered and requested rejection of bids. Chris Wand, Chair of the Historic Preservation Commission, spoke requesting that this project be tabled to allow the Historic Preservation Commission an opportunity to review the project and offer alternatives and options for reconstruction of the street. Markham moved to table action to the 11/3/03 Council Meeting. Seconded by Nicholson. Carried by the following vote: Yeas—Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays—Duggan. Railroad Depot Restoration Project: City Manager recommending acceptance of the Railroad Depot Restoration Project – Lighting Fixtures as completed by Morse Electric, Inc., in the final contract amount of $28,061.90, upon motion received and filed. Buol moved adoption of Resolution No. 390-03 Accepting improvement and Resolution No. 391-03 Approving final contract amount of $28,061.90. Seconded by Nicholson. Motion carried 7-0. White Street Reconstruction Project: City Manager recommending acceptance of the White Street Reconstruction Project as completed by WC Stewart Construction Co., in the final contract amount of $2,757,473.33, upon motion received and filed. Buol moved adoption of Resolution No. 392-03 Accepting improvement and Resolution No. 393-03 Approving final contract amount of $2,757,473.33. Seconded by Nicholson. Motion carried 7-0. Fiber Optic Connection Project: City Manager recommending acceptance of the Fiber Optic Connection Project between the City Network and the Port of Dubuque as completed by Volkens Excavating in the final contract amount of $11,625, upon motion received and filed. Buol moved adoption of Resolution No. 394-03 Accepting improvement and Resolution No. 395-03 Approving final contract amount of $11,625. Seconded by Nicholson. Motion carried 7-0. Library Roof Replacement Project: City Manager recommending acceptance of the Library Roof Replacement Project as completed by Jim Giese Commercial Roofing in the final contract amount of $44,378, upon motion received and filed. Buol moved adoption of Resolution No. 396-03 Accepting improvement and Resolution No. 397-03 Approving final contract amount of $44,378. Seconded by Nicholson. Motion carried 7-0. 3 Helping Services for Northeast Iowa Subcontract: City Manager recommending approval of a subcontract agreement with Helping Services of Northeast Iowa for Police Officers to participate in the Iowa Department of Health Drug and Violence Prevention Grant, upon motion received and filed and approved. Iowa Chicago & Eastern Railroad Agreements: City Manager recommending approval of agreements with the Iowa Chicago & Eastern Railroad for the installation of a five-inch fiber optic conduit and the construction of a railroad switch for Flynn Ready-Mix Concrete, upon motion received and filed. Buol moved adoption of Resolution No. 398-03 Approving agreement with the Iowa Central & Eastern Railroad for the installation of a five-inch fiber optic th conduit at 17 and Elm Street and Resolution No. 399-03 Approving agreement with the Iowa Central & Eastern Railroad for the construction of a railroad switch and rail extension for the Flynn Ready-Mix Concrete Co. railroad spur. Seconded by Nicholson. Motion carried 7-0. Agreement with Hillcrest Family Services: City Manager recommending approval of an st agreement with Hillcrest Family Services for use of Murphy Park from November 1 through th January 4 to set up a holiday light display, upon motion received and filed and approved. Business License Refund: Request of Kwik Trip, Inc. for a refund of the cigarette license for nd the Tobacco Outlet Plus at 66 West 32 Street and Eagle Food Center at 1800 Elm Street, upon motion received and filed and approved refund. Business Licenses: Buol moved adoption of Resolution No. 400-03 Granting the issuance of a Class “C” Beer/Liquor License to Rainbow Lounge, Europa Haus and Bierstube, Channel Inn, and Carlos O’Kelly’s; and Special Class “C” Liquor License to Grape Harbor. Seconded by Nicholson. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Sale of City Property – Medical Associates Subdivision: City Manager recommending that a public hearing be set for November 3, 2003 to consider a request from Oak Park Place of Dubuque, LLC, the developer of Lot 10 of Medical Associates Subdivision, to purchase Lots 1, 2 and 3 of Medical Associates Subdivision, upon motion received and filed. Cline moved adoption of Resolution No. 401-03 of Intent to dispose of City interest in Lots 1, 2, and 3 of Medical Associates Subdivision No. 3 in the City of Dubuque, Iowa and set this for public hearing on 11/3/03 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. 2003 Local Law Enforcement Block Grant Funds: City Manager recommending that a public hearing be set for November 3, 2003 regarding the 2003 Local Law Enforcement Block Grant award, upon motion received and filed and that this be set for a public hearing on 11/3/03 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Ice Harbor Pump Auxiliary Power Project: City Manager recommending initiation of the bidding process for the Ice Harbor Pump Auxiliary Power Project and setting a public hearing for December 1, 2003, upon motion received and filed. Cline moved adoption of Resolution 4 No. 402-03 Preliminary approval of plans and specifications and Resolution No. 403-03 Fixing date of hearing on plans and specifications for 12/1/03 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law and Resolution No. 404-03 Ordering bids. Seconded by Nicholson. Motion carried 7-0. County Farm Interceptor Sewer Extension Project: City Manager recommending that a public hearing be held on November 17, 2003 to consider establishing the County Farm interceptor sewer connection fee at $500 per acre, upon motion received and filed. Buol moved adoption of Resolution No. 405-03 Providing for notice of the date, time and place of a public hearing on an ordinance establishing a connection fee for the County Farm Sanitary Interceptor Sewer. and setting that public hearing for 11/17/03 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION (One youth member for a one-year term and two 3-year terms through 10/1/06): Applicants: Stephanie Beecher (Youth); Andrea Bixler, Joseph D. Suarez. Mr. Suarez spoke requesting consideration for appointment to this Commission. HISTORIC PRESERVATION COMMISSION:(One unexpired term through 7/1/05 for Old Main District; two 3-year terms through 7/1/06 for At-Large) Applicants: James E. Gibbs (At-Large); Matthew Lundh (At-Large); Angella Marlatt (At-Large); David C. Stuart (At-Large) David Stuart and Matthew Lundh spoke requesting consideration for appointment. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to speak. Mayor Duggan turned control of the meeting to Mayor Pro-Tem Cline due to possible conflict of interest. Grandview Avenue United Methodist Church: Proof of publication on notice of hearing to consider rezoning property located at 419 and 485 North Grandview/1755 Bennett Street/1730 Grace Street from R-1 Single-Family Residential District to C-2 Neighborhood Shopping Center District at the request of the Grandview Avenue United Methodist Church/Ambrose and LaVerne Klein/Shane Klaas/Robert and Naoko Crippes/Richard Hartig and Zoning Advisory Commission recommending approval; communications in support of the rezoning and communications in opposition to the rezoning (in excess of 20 percent), presented and read. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 419 North Grandview Avenue, 485 North Grandview Avenue, 1755 Bennett Street and 1730 Grace Street from R-1 Single-Family Residential District to C-2 Neighborhood Shopping Center District, presented and read. Dick Hartig, as CEO of Hartig Drug, spoke explaining the scope of the project, requesting the rezoning to allow a drug store, coffee shop, and pharmacy, and clarified that it was the four owners of the properties requesting the rezoning. 5 Ken Johnson, Straka Johnson Architects, reviewed the plans for the proposed development. Rev. James Dotson, Pastor of the Grand View United Methodist Church, spoke about his church membership’s difficult decision to build a new and larger facility over 6 years ago and at that time letting it be known that the Church building on N. Grandview was for sale. Other than Mr. Hartig’s present offer there had been no other viable offers in that time and he requested the rezoning for Mr. Hartig. Speaking in favor of the proposed rezoning were: Mac Klinger, James Bradley, Arvid Saele, Jane Ward, Kathryn Dean, Larry Burgess, John Dean, Jack Borchers, Vern Sigwarth, Speaking in opposition to the proposed rezoning were: Tammy Pfab, Linda Heyer, Dave Stuart, Casey & Corey Thein, Andy Rettenmeier, Linda LaSoya, Tom Welu, Jackie Welter, Julie Schwendinger, Chuck Lehman, Kathy Lehman, Chris Johnson, Teri Link, Beth Gilbreath, Tina Nauman, Robert Crippes, Cynthia Kraus, Frank Belcastro, Sharon Johnson, Angie Harter, Joan Belcastro. Mr. Hartig responded to some of the specific concerns of the individuals objecting to the proposed rezoning. 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 consideration and passage of the Ordinance. Seconded by Nicholson. Motion failed due to the following vote: Yeas—Connors, Markham, Nicholson. Nays—Buol, Cline, Michalski. Council thanked all the citizens who expressed their opinions in an orderly manner. At 9:45 PM Council recessed briefly. At 9:55 PM Council reconvened. Mayor Duggan returned and took control of the meeting. John Kretz/Perfection Oil Company: Proof of publication on notice of hearing to consider rezoning property located at 3136/3146 Central Avenue from R-3 Moderate Density Multi- Family Residential District to C-2 Neighborhood Shopping Center District at the request of John Kretz/Perfection Oil Company and Zoning Advisory Commission recommending approval, upon motion received and filed. Attorney Brian Kane, 2100 Asbury Rd., representing John Kretz and Perfection Oil, explained specifics of the requested rezoning. Council expressed concern about traffic exiting on W. nd 32 St. Ordinance No. 78-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 3136/3146 Central Avenue from R-3 Moderate Density Multi-Family Residential District to C-2 Neighborhood 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 further moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. Joel Callahan – Seippel Road North of the Dubuque Industrial Center West: Proof of publication on notice of hearing to consider rezoning property located west of Seippel Road, north of the Dubuque Industrial Center West, from County R-2 Single-Family Residential District to City CS Commercial Service and Wholesale District and LI Light Industrial District, in 6 conjunction with annexation, at the request of Joel Callahan and Zoning Advisory Commission recommending approval, upon motion received and filed. Joel Callahan spoke explaining the specifics of the requested rezoning. Ordinance No. 79-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along the west side of Seippel Road from Dubuque County R-2 Single-Family Residential District to City of Dubuque CS Commercial Service and Wholesale District and LI Light Industrial District, with conditions, concurrent with annexation, 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 further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. The Cafaro Company – Request to Amend Planned Unit Development District: Proof of publication on notice to hearing to consider a request from The Cafaro Company for property located at 555 John F. Kennedy Road to amend the Planned Unit Development with a PC Planned Commercial District to require one parking space for every 250 square feet of GLA (gross leasable area) to allow for an additional 82,000 square feet of new GLA and amend the sign regulations for Kennedy Mall and Zoning Advisory Commission recommending approval, upon motion received and filed. David DeChristofaro, The Cafaro Company, explained the specifics of the request. Ordinance No. 80-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances for the hereinafter described property located at 555 John F. Kennedy Road and adopting a new Conceptual Development Plan and Ordinance for the Kennedy Mall PUD Planned Unit Development, 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 further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. Tunnel Easement Agreement – Dubuque Bank and Trust: Proof of publication on notice of hearing to consider a tunnel easement agreement with Dubuque Bank and Trust for construction of a tunnel to connect two buildings on the east and west side of Central Avenue thth between 13 and 14 Streets and City Manager recommending approval, upon motion received and filed. Cline moved adoption of Resolution No. 406-03 Disposing of a portion of the City’s thth interest under a portion of Central Avenue between 13 and 14 Streets in the City of Dubuque. Seconded by Connors. Motion carried 7-0. Vacating Petition – John F. Kennedy Road Easement: Proof of publication on notice of hearing to consider disposing of City interest and vacating a portion of the John F. Kennedy roadway and utility easement to Grand View United Methodist Church and City Manager recommending approval, upon motion received and filed. Buol moved adoption of Resolution No. 407-03 Disposing of interest and vacating a portion of the John F. Kennedy roadway and utility easement over Lot 1 and Lot 2 of Barton Randle Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Cline. Motion carried 7-0. General Obligation Capital Loan Notes: Proof of publication on notice of hearing to consider the issuance of not to exceed $500,000 General Obligation Capital Loan Notes to support the Adams Company expansion project at the Dubuque Industrial Center West and City Manager 7 recommending approval, upon motion received and filed. Cline moved adoption of Resolution No. 408-03 Instituting proceedings to take additional action for the authorization of a loan agreement and the issuance of not to exceed $500,000 General Obligation Capital Loan Notes. Seconded by Connors. Motion carried 7-0. Eagle Point Water Plant Chemical Compound and Roof Addition Project: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Eagle Point Water Plant Chemical Compound and Roof Addition Project to Kluck Construction Company, upon motion received and filed. Markham moved adoption of Resolution No. 409-03 Adopting plans and specifications for the project and Resolution No. 410-03 Awarding contract to Kluck Construction. Seconded by Cline. Motion carried 7-0. Eagle Point Water Plant ADA Renovation Project: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending rejection of the bids received for the Eagle Point Water Plant ADA Renovation Project, upon motion received and filed. Cline moved adoption of Resolution No. 411-03 Rescinding Resolution No. 333-03 Preliminary approval of the plans and specifications for the renovation of the Eagle Point Water Plant at 1902 Hawthorne Street, Dubuque, Iowa to the American Disability Act standards. Seconded by Michalski. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Establishment of the Warehouse Neighborhood Demolition District: Communication from the Historic Preservation Commission recommending City Council approval of an amendment to the Demolition District Ordinance that would establish the Warehouse Neighborhood Demolition District, and an Ordinance Amending Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11-4(a) by creating the Warehouse Neighborhood Demolition District, presented and read. Chris Wand, Chair of the Historic Preservation Commission, spoke stating that the Historic Preservation Commission would review demolition requests but the City Council would approve. Darren Harmon, on behalf of Jeld-Wen, spoke against the establishment of the district, citing premature action as no economic feasibility study had been done. Upon motion the item was tabled and referred back to the Historic Preservation Commission. Freedom Ridge Estates – Preliminary Plat: Zoning Advisory Commission recommending approval of the preliminary plat of Freedom Ridge Estates located on the north side of Oakland Farms Road in Dubuque County as requested by John and Tina Perry, upon motion received and filed and approved recommendation. Administrative Fee – Police Authorized Vehicle Impoundments: City Manager recommending approval of an amendment to the Code of Ordinances to provide for a $20.00 administrative fee for the towing and impoundment of vehicles by the Police Department, upon motion received and filed. Ordinance No. 81-03 Amending the City of Dubuque Code of Ordinances Section 32-432 Unauthorized Removal of Vehicle by adding the requirement of payment of an 8 administrative fee to the City of Dubuque before an impounded vehicle can be removed from a facility where it is being held, 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 further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Purchase of Real Estate at 1911 Windsor Avenue: City Manager recommending approval of the purchase of a single-family dwelling located at 1911 Windsor Avenue, upon motion received and filed. Cline moved adoption of Resolution No. 412-03 Approving the acquisition of real estate located at 1911 Windsor Avenue in the City of Dubuque. Seconded by Nicholson. Motion carried 7-0. Key West Drive Signage/Parking: City Manager recommending that parking be prohibited on both sides of Key West Drive from Maquoketa Drive to the southerly City limits and that the existing stop signs at this intersection be added to the City’s Code of Ordinances, upon motion received and filed. Ordinance No. 82-03 Amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa, prohibiting parking on designated streets or portions thereof by adding a portion of Rockdale Road and Key West Drive and Ordinance No. 83-03 Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the addition of stop signs on Key West Drive and Rockdale Road, presented and read. Buol moved that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspended and further moved final consideration and passage of the Ordinances. Seconded by Connors. Motion carried 7-0. At 11:15 P.M. upon motion it was resolved to go into Closed Session re: Property Acquisition – Chapter 21.5(1)(j) 2003 Code of Iowa and Collective Bargaining Strategy – Chapter 20.17(3) 2003 Code of Iowa. At 11:44 P.M. Council reconvened Regular Session stating that staff had been given proper direction. There being no further business, upon motion meeting adjourned at 11:45 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 10/29 9