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Suarez. ke request- - ation for this Com-" 'RESERVA- iSION:(One n through Main Dis- ear terms.. 6 for At- nts: James - (At -Large);' (At -Large); (At -Large); t (At -Large) id Matthew-. requesting or appoint - &RINGS the rules d to allow ago and at that time letting to speak. it be known that the an turned + Church building on N. meeting to., Grandview was for sale. 1 Cline due ' Other than Mr. Hartig's Pict of inter- prbsent offer there had been no other viable offers anue United - in . that time and he.. rch: Proof requested the rezoning for )n notice of Mr. Hartig. ;ider rezon- Speaking in favor of the proposed rezoning were: Mac Klinger, James Bradley, Arvid Saele, Jane Ward, Kathryn Dean, Larry Burgess, John Dean, Jack Borchers, Vem Sigwarth, Speaking in opposition to the proposed rezoning were: Tammy Pfab, Linda sated at 419 Grandview / treet / 1730 �m R-1 Sin- dential Dis ighborhood r District at the Grand United hurch / Heyer, Dave Stuart, Casey i LaVerne : & Corey Thein, Andy Ret- e Klaas / tenmeier, Linda LaSoya, ko Crippes.. Tom Welu, Jackie Welter, - and "Zon-, - -Julie Schwendinger, Chuck ommission - Lehman, Kathy Lehman, - approval; „ Chris .Johnson, Teri Link, s in support Beth Gilbreath, Tina Nau- and com- man, Robert Crippes, Cyn- opposition thla Kraus, Frank Belcas- (in excess - tro, Sharon Johnson, Angie presented Harter, Joan Belcastro. Ordinance Mr. Hartig responded to ndix A ri(the ,some of the specific ecific con ce) of the • cerns of the individuals ue Code of objecting to the proposed- reclassify- rezoning. described] Markham moved that the ed at 4s9' requirement that a pro- w Avenue,' Grandview 5 Bennett 730 Grace. -1 Single itial District ighborhood ter District;, read. as CEO of posed Ordinance be con- sidered and voted on for passage at two Council Meetings prior to the meet- imb at which it is to be final- ',ly passed be suspended and further moved final. gonsideration and passage of the Ordinance. Sec- onded by Nicholson. spoke Motion failed due to the cope of the following vote: Yeas —Con - sting the, nors, Markham, Nicholson. w a drug Nays—Buol, Cline, Michel - shop, and, ski. d clarified ' Council thanked all the four owners . citizens who expressed es request- their opinions in an orderly manner. Straka-- At 9:45 PM Council Architects, recessed briefly. Flans for the At 9:55 PM Council lopment. reconvened. lotson, Pas- Mayor Duggan returned d View Unit- and took control of the t Church, - rneeting. his church . r John Kretz/Perfection Oil difficult Company: Proof of publi- E i a new and cation on notice of hearing Iver 6 years to consider rezoning prop- erty 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 Com- pany and Zoning Advisory Commission recommend- ing 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. 32nd St. Ordinance No. 78-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described property located at 3136/3146 Central Avenue from R-3 Moderate Density Multi -Family Residential District to C-2 Neighbor- hood Commercial District, presented and read. Buol move d d thatrequire- ment the thataproposed Or di- nance nance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be sus- pended 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 Com- mercial Service and Wholesale District and LI Light Industrial District, in conjunction with annexa- tion, at the request of Joel Callahan and Zoning Advi- sory Commission recom- mending 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 reclassify- ing 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 pro- posed Ordinance be con- sidered and voted on for passage at two Council Meetings prior to the meet- ing at which it is to be final- ly passed be suspended and further moved final consideration and passage of the Ordinance. Sec- onded by Markham. Motion carried 7-0. The Cafaro Company - Request to Amend Planned Unit Development District: Proof of publica- tion on no tice hearing ea rin9 to consi der a request uest from The Cafaro Company for property located at 555 John F. Kennedy Road to amend the Planned Unit Development with a PC Planned Commercial Dis- trict to require one parking space for every 250 square feet of GLA (gross leasable area) to allow for an addi- tional 82,000 square feet of new GLA and amend the sign regulations for Kennedy Mall and Zoning Advisory Commission rec- ommending 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 here- inafter described property located at 555 John F. Kennedy Road and adopt- ing 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 pro- posed Ordinance be con- sidered and voted on for passage at two Council Meetings prior to the meet- ing at which it is to be final- ly passed be suspended and further moved final consideration and passage of the Ordinance. Second- ed by Michalski. Motion carried 7-0. Tunnel Easement Agree- ment - Dubuque Bank and Trust: Proof of publication - on notice of hearing to consider a tunnel ease- ment agreement with Dubuque. Bank and Trust for construction of a tunnel to connect two buildings on the east and west side of Central Avenue between 13th and 14th Streets and City Manager recommend- ing approval, upon motion received and filed. Cline moved adoption of Resolu- tion No. 406-03 Disposing of a portion of the City's interest under a portion of Central Avenue betw een 13th and 14th St reets in the City of Dubuque. Sec- onded by Connors. Motion carried 7-0. Vacating Petition - John F. Kennedy Road Ease- ment: Proof of publication on notice of hearing to consider disposing of City interest and vacating a portion of the John F. Kennedy roadway and util- ity easement to Grand View United Methodist Church and City Manager recommending approval, upon motion received and filed. Buol moved adop- tion of Resolution No. 407- 03 Disposing of interest and vacating a portion of the John F. Kennedy road- way and utility easement over Lot 1 and Lot 2 of Bar- ton Randle Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Cline. Motion carried 7- 0. General Obligation Capi- tal Loan Notes: Proof of publication on notice of hearing to consider the issuance of not to exceed $500,000 General Obllga- tion Capital Loan Notes to support the Adams Com- pany expansion project at the Dubuque Industrial Center West and City Man- ager recommending approval, upon motion received and filed. Cline moved adoption of Resolu- tion No. 408-03 Instituting proceedings to take addi- tional action for the autho- rization of a loan agree- ment 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 Com- pany, upon motion re ceived and filed. Markham moved adoption of Resolution No. 409-03 Adopting plans and speci- fications 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 reno- vation 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: Com- munication from the . His- toric Preservation Com- mission recommending City Council approval of an amendment' to the Demoli- tion District Ordinance that would establish the Ware- house Neighborhood Demolition District, and an Ordinance Amending Chapter 11 (Building Regu- lations) of the City of Dubuque Code of Ordi- nances by amending Sec- tion 11-4(a) by creating the Warehouse Neighborhood Demolition District, pre- sented and read. Chris Wand, Chair of the Historic Preservation Com- mission, spoke stating that the Historic Preservation Commission would review demolition requests but the City Council would approve. rove. Darren Harmon, on behalf of Jeld-Wen, spoke against the establishment of the district, citing premature action as no economic fea- sibility 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 rec- ommending 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 recommenda- tion. Administrative Fee - Police Authorized Vehicle Impoundments: City Man- ager 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. Ordi- nance No. 81-03 Amend- ing the City of Dubuque Code of Ordinances Sec- tion 32-432 Unauthorized Removal of Vehicle by adding therequirementof payment of an administra- tive fee to the City of Dubuque before an impounded vehicle can be removed from a facility where it is being held, pre- sented and read. Buol moved that the require- ment that a proposed Ordi- nance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be sus- pended 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 recommend- ing approval of the pur- chase of a single-family dwellingo at 1911 located on 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. Sec- onded by Nicholson. Motion carried 7-0. Key West Drive Sig- nage/Parking: City Manag- er 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 intersec- tion 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 Ordi- nances 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 require- ment 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 consid- eration 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 Collec- tive Bargaining Strategy - Chapter 20.17(3) 2003 Code of Iowa. At 11:44 P.M. Council reconvened Regular Ses- sion stating that staff had been given proper direc- tion. There being no further - business, upon motion meeting adjourned at 11:45 P.M. /s/ Jeanne F. Schneider, CMC, City Clerk 1 t 10/29 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: October 29, 2003, and for which the charge is $287.57. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this ,7 day of L��� 20 0.3 . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp, FEB. 1, 2005 the communications were received and filed and instructed Staff to prepare language for a referendum ballot on December 16, ,2003 and to make applica- tion to the Iowa Vision Fund. CONSENT ITEMS Minutes and Reports Submitted: Airport Com- mission of 9/22; Cable TV Regulatory Commission of 10/10; Cable Community Teleprogramming Com- mission of 10/7; City Coun- til of 10/6; Civil Service of 9/18 and 10/8; Housing Code Appeals Board of 9/16; Human Rights Com- mission of 9/8; Joint City/County Planning Committee of 9/22; Mechanical Board of 10/1; Zoning Board of Adjust- ment 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 Proceed- ings for August, 2003, upon motion approved as panted. . Finance Director submit- ting 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 vehi- cle damage; James C. Walgren for vehicle dam- -age; 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 Assur- ance Pool: James Walgren for vehicle damage, upon motion received and filed and concurred. Corporation Counsel rec- ommending 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 -rec- ommending 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 resi- ..dents, upon motion received and filed and referred to the City Manag- er. Request of Bob Felder - man, representing Edward Walz, for a two-hour park- ing zone in front of 1365- 1367-1385-1399 Jackson Street, upon motion .received and filed and referred to the City Manag- er. Eagle Food Centers, Inc.: Notices of filing in the Unit- ed States Bankruptcy Court for the Northern Dis- trict of Illinois Eastern Divi- sion by Eagle Food Cen- ters, Inc., et al, upon :.motion received and filed. Tax Appeal: Corporation Counsel submitting a Stip- ulation of Settlement of two tax assessment appeals for property locat- ed 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 Equip- ment 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 recon- struction project, upon motion received and filed. Iowa Department of Transportation: Communi- cation from the Iowa /Department of Transporta- tion submitting Iowa's Mis- sissippi 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: Zon- ring 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 Resolu- tion No. 387-03 Approving the plat of survey of Lot 1 nd Lot 2 of Whites Place No. 2. Seconded by Nicholson. Motion carried 7-0. Final Plat - Medical Asso- ciates Subdivision No. 3: Zoning Advisory Commis- sion recommending approval of the final plat of Medical Associates Subdi- vision 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 $471,823.09 and Resolu- tion awarding contract to WC Stewart Construction Co., presented and read. Dave Stuart, 1470 Locust, spoke and stated resi- dents' questions were not answered and requested rejection of bids. Chris Wand, Chair of the Historic Preservation Com- mission, spoke requesting that this project be tabled to allow the Historic Preservation Commission an opportunity to review the project and offer alter- natives and options for reconstruction of the street. Markham moved to table action to the 11/3/03 Council Meeting. Second- ed by Nicholson. Carried by the following vote: Yeas—Buol, Cline, Con- nors, Markham, Michalski, Nicholson. Nays —Dug- gan. Railroad Depot Restora- tion Project: City Manager recommending accep- tance of the Railroad Depot Restoration Project - Light- ing 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 Reconstruc- tion Project: City Manager recommending accep- tance 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 rec- ommending 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 Resolu- tion No. 394-03 Accepting improvement and Resolu- tion No. 395-03 Approving final contract amount of $11,625. Seconded by Nicholson. Motion carried 7-0. Library Roof Replacement Project: City Manager rec- ommending acceptance of the Library Roof Replace- ment Project as completed by Jim Giese Commercial Roofing in the final con- tract amount of $44,378, upon motion received and filed. Buol moved adop- tion of Resolution No. 396- 03 Accepting improvement and Resolution No. 397-03 Approving final contract amount of $44,378. Sec- onded by Nicholson. Motion carried 7-0. Helping Services for Northeast Iowa Subcon- tract: City Manager rec- ommending 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 & Eastem 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 Resolu- tion No. 398-03 Approving agreement with the Iowa Central & Eastern Railroad for the installation of a five - inch fiber optic conduit at 17th and Elm Street and Resolution No. 399-03. Approving agreement with the Iowa Central & Eastern Railroad for the construc- tion of a railroad switch and rail extension for the Flynn Ready -Mix Concrete Co. railroad spur. Second- ed by Nicholson. Motion carried 7-0. Agreement with Hillcrest Family Services: City Man- ager recommending approval of an agreement with Hillcrest Family Ser- vices for use of Murphy Park from November 1st through January 4th 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 the Tobacco Outlet Plus at 66 West 32nd Street and Eagle Food Center at 1800 Elm Street, upon motion received and filed • and approved refund. Business Licenses: Buol moved adoption of Resolu- tion No. 400-03 Granting the issuance of a Class "C" Beer/Liquor License to Rainbow Lounge, Europa Hags and Bierstube, Chan- nel Inn, and Carlos O'Kel- 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 pre- - scribed by law. Seconded. by Nicholson. Motion car-. ried 7-0. Ice Harbor Pump Auxiliary Power Project: City Man-` ager recommending initia-' tion of the bidding process for the Ice Harbor Pump Auxiliary Power Project and setting a public hear • - ing for December 1, 2003,', upon motion received and, • filed. Cline moved adop-. tion of Resolution 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 auditori- um and.that the City Clerk, publish notice in the man- ner prescribed by law and Resolution No. 404-03 Ordering bids. Seconded by Nicholson. Motion car ried 7-0. County Farm Interceptor Sewer Extension Project:, City Manager recommend- ing that a public hearing be held on November 17, 2003 to consider establish- ing the County Farm inter- ceptor sewer connection _ fee at $500 per acre, upon ' motion received and filed. Buol moved adoption of, Resolution No. 405-03 Pro- viding for notice of the date, time and place of a`° public hearing on an ordi-', nance establishing a con-, nection 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 pre- scribed by law. Seconded by Nicholson. Motion car-,r, ried 7-0. BOARDS/COMMISSIONS . ' Applicants are invited to address the Council , regarding their desire to v serve on the following Boards/Commissions: ENVIRONMENTAL - STEWARDSHIP ADVISO- ` • RY 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 request- ing consideration for appointment to this Com- mission. HISTORIC PRESERVA- TION COMMISSION:(One unexpired term through 7/1/05 for Old Main Dis- trict; 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 appoint- ment. PUBLIC HEARINGS. Upon motion the rules were suspended to allow . ago and at that time letting anyone present to speak. it be known that the Mayor Duggan turned,. t Church building on N. control of the meeting to,. 1G'randview was for sale. Mayor Pro-Tem Cline due ' Other than Mr. Hartig's to possible conflict of inter- present offer there had est. peen no other viable offers Grandview Avenue United; in . that time and he.. Methodist Church: Proof requested the rezoning for of publication on notice of Mr. Hartig. hearing to consider rezon- ing property located at 419 and 485 North Grandview / 1755 Bennett Street / 1730 Grace Street from R-1 Sin- gle -Family Residential Dis- Speaking in favor of the proposed rezoning were: Mac Klinger, James Bradley, Arvid Saele, Jane Ward, Kathryn Dean, Larry Burgess, John Dean, Jack trict to C-2 Neighborhood Borchers, Vem Sigwarth, Shopping Center District at Speaking in opposition to the request of the Grand- the proposed rezoning view Avenue United were: Tammy Pfab, Linda Methodist Church / Heyer, Dave Stuart, Casey Ambrose and LaVerne . & Corey Thein, Andy Ret- Klein / Shane Klaas / tenmeier, Linda LaSoya, Robert and Naoko Grippes Tom Welu, Jackie Welter, - / Richard Hartig and 'Zon-, - -Julie Schwendinger, Chuck ing Advisory Commission Lehman, Kathy Lehman, - recommending approval; Chris . Johnson, Teri Link, communications in support Beth Gilbreath, Tina Nau- of the rezoning and com- man, Robert Grippes, Cyn- munications in opposition thia Kraus, Frank Belcas- to the rezoning (in excess. tro, Sharon Johnson, Angie of 20 percent), presented Harter, Joan Belcastro. and read. An Ordinance Mr. Hartig responded to Amending Appendix A (the ...some of the specific con - Zoning Ordinance) of the cerns of the individuals City of Dubuque Code of objecting to the proposed- Ordinances by reclassify- rezoning. ing hereinafter describei Markham moved that the property located at 419 requirement that a pro - North Grandview Avenue, posed Ordinance be con- 485 North Grandview sidered and voted on for Avenue, 1755 Bennett passage at two Council Street and 1730 Grace Meetings prior to the meet - Street from R-1 Single- '4Tng at which it is to be final - Family Residential District `;ly passed be suspended to C-2 Neighborhood and further moved final. Shopping Center District, , cconsideration and passage of the Ordinance. Sec-. onded by Nicholson. Motion failed due to the following vote: Yeas —Con- nors, Markham, Nicholson.- Nays—Buol, Cline, Michal- ski 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 Council thanked all the that it was the four owners citizens who expressed of the properties request- their opinions in an orderly ing the rezoning. manner. Ken Johnson, Straka . • At 9:45 PM Council Johnson Architects recessed briefly. reviewed the plans for tn.. At 9:55 PM Council proposed development. • reconvened. Rev. James Dotson, Pas- Mayor Duggan returned tor of the Grand View Unit- and took control of the ed Methodist Church,- meeting. spoke about his church . r John Kretz/Perfection Oil membership's difficult Company: Proof of publi- decision to build a new and cation on notice of hearing la f lty over 6 years to consider rezoning prop - ii rger ac erty 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 Com- pany and Zoning Advisory Commission recommend- ing 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 concem about traffic exiting on W. 32nd St. Ordinance No. 78-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described property located at 3136/3146 Central Avenue from R-3 Moderate Density Multi -Family Residential District to C-2 Neighbor- hood Commercial District, presented and read. Buol moved that the require- ment that a proposed Ordi- nance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be sus- pended 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 Com- mercial Service and Wholesale District and LI Light Industrial District, in conjunction with annexa- tion, at the request of Joel Callahan and Zoning Advi- ' sory Commission recom- mending 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 reclassify- ing 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 pro- posed Ordinance be con- sidered and voted on for passage at two Council Meetings prior to the meet- ing at which it is to be final- ly passed be suspended and further moved final consideration and passage of the Ordinance. Sec- onded by Markham. Motion carried 7-0. The Cafaro Company - Request to Amend Planned Unit Development District: Proof of publica- tion 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 Dis- trict to require one parking space for every 250 square feet of GLA (gross leasable area) to allow for an addi- tional 82,000 square feet of new GLA and amend the sign regulations for Kennedy Mall and Zoning Advisory Commission rec- ommending 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 here- inafter described property located at 555 John F. Kennedy Road and adopt- ing 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 pro- posed Ordinance be con- sidered and voted on for passage at two Council Meetings prior to the meet- ing at which it is to be final- ly passed be suspended and further moved final consideration and passage of the Ordinance. Second- ed by Michalski. Motion carried 7-0. Tunnel Easement Agree- ment - Dubuque Bank and Trust: Proof of publication - on notice of hearing to consider a tunnel ease- ment agreement with Dubuque. Bank and Trust for construction of a tunnel to connect two buildings on the east and west side of Central Avenue between 13th and 14th Streets and City Manager recommend- ing approval, upon motion received and filed. Cline moved adoption of Resolu- tion No. 406-03 Disposing of a portion of the City's interest under a portion of Central Avenue between 13th and 14th Streets in the City of Dubuque. Sec- onded by Connors. Motion carried 7-0. Vacating Petition - John F. Kennedy Road Ease- ment: Proof of publication on notice of hearing to consider disposing of City interest and vacating a portion of the John F. Kennedy roadway and util- ity easement to Grand View United Methodist Church and City Manager recommending approval, upon motion received and filed. Buol moved adop- tion of Resolution No. 407- 03 Disposing of interest and vacating a portion of the John F. Kennedy road- way and utility easement over Lot 1 and Lot 2 of Bar- ton Randle Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Cline. Motion carried 7- General Obligation Capi- tal Loan Notes: Proof of publication on notice of hearing to consider the issuance of not to exceed $500,000 General Obliga- tion Capital Loan Notes ti support the Adams Corn pany expansion project a the Dubuque Industrie Center West and City Man ager recommendin approval, upon motio received and filed. Clin moved adoption of Resole tion No. 408-03 Institutin proceedings to take add tional action for the authc rization of a loan agree nient and the issuance i not to exceed $500,0C General Obligation Capit Loan Notes. Seconded t Connors. Motion cerrie 7-0. Eagle Point Water Pla Chemical Compound ar Roof Addition Projec Proofs of publication c notice of hearing on plat and specifications ar notice to bidders on tl receipt of bids, and C Manager recommendii award of the contract 1 the Eagle Point Water Pia Chemical Compound a Roof Addition Project Kluck Construction Col pany, upon mote received and fik Markham moved adopti of Resolution No. 409- Adopting plans and spe fications for the project a Resolution No. 410- Awarding contract to Kli Construction. Seconc by Cline. Motion carried 0. Eagle Point Water PI ADA Renovation Projc Proofs of publication notice of hearing on pl. and specifications I notice to bidders on receipt of bids, and I Manager recommenc rejection of the t received for the EE Point Water Plant / Renovation Project, u motion received and fi Cline moved adoptior Resolution No. 411 Rescinding Resolution 333-03 Prelimir approval of the plans specifications for the n vation of the Eagle F Water Plant at 1 Hawthorne Str Dubuque, Iowa to American Disability standards, Secondec CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Ses- sion, October 20, 2003 Council met in Regular Session at 6:30 P.M. in the FLibrary Auditorium Present Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Milli- gen, Corporation Counsel Barry Lindahl Mayor Duggan read the call and stated this is a reg- ular session of the City Council called for the pur- pose of discussing such matters which may proper- ly come before the. City Council. Invocation was given by Sister Mary Kivlahan, OSF, Pastoral Associate, Holy Trinity Catholic Church. - Proclamations: Red Rib- bon 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 applica- tion to the Iowa Vision Fund. CONSENT ITEMS Minutes and Reports Submitted: Airport Com- mission of 9/22; Cable TV Regulatory Commission of 10/10; Cable Community Teleprogramming Com- mission of 10/7; City Coun- til of 10/6; Civil Service of 9/18 and 10/8; Housing Code Appeals Board of 9/16; Human Rights Com- mission of 9/8; Joint City/County Planning Committee of 9/22; Mechanical Board of 10/1; Zoning Board of Adjust- ment of 9/25, upon motion rreceived and fled. Proof of publication of City Council Proceedings for September 15 and 26, 2003, upon motion received and filed. Printed Council Proceed- ings for August, 2003, upon motion approved as printed. Finance Director submit- ting 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 vehi- cle damage; James C. Walgren for vehicle dam- age; 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 Assur- ance Pool: James Walgren for vehicle damage, upon motion received and filed and concurred. Corporation Counsel rec- ommending 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 `rec- ommending 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 resi- dents, upon motion received and filed and referred to the City Manag- er. Request of Bob Felder - man, representing Edward Walz, for a two-hour park- ing zone in front of 1365- 1367-1385-1399 Jackson Street, upon motion .received and filed and referred to the City Manag- er. Eagle Food Centers, Inc.: Notices of filing in the Unit- ed States Bankruptcy Court for the Northern Dis- trict of Illinois Eastern Divi- sion by Eagle Food Cen- ters, Inc., et al, upon motion received and filed. Tax Appeal: Corporation Counsel submitting a Stip- ulation of Settlement of two tax assessment appeals for property locat- ed 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 Equip- ment 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 Approving the final plat of Medical Associates Subdi- vision No. 3 in the City of Dubuque, Iowa. Seconded by Nicholson. Motion car- ried 7-0. Final Plat - Sullivan's 2nd Addition: Zoning Advisory Commission recommend- ing approval of the final plat of Sullivan's 2nd Addi- tion 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 2nd Addition in the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0. Administrative Services Fee Renewal: City Manag- er recommending approval ' of the administrative ser- vices fee renewal rates submitted by Alternative Service Concepts (ASC), the City's workers' com- pensation claims adminis- trator, upon motion received and filed and approved recommenda- tion. Chestnut Street (Highland to Cox) Reconstruction Project: City Manager rec- ommending 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 Resolu- tion awarding contract to WC Stewart Construction Co., presented and read. Dave Stuart, 1470 Locust, spoke and stated resi- dents' questions were not answered and requested rejection of bids. Chris Wand, Chair of the Historic Preservation Com- mission, spoke requesting that this project be tabled to allow the Historic Preservation Commission an opportunity to review the project and offer alter- natives and options for reconstruction of the street. Markham moved to table action to the 11/3/03 Council Meeting. Second- ed by Nicholson. Carried by the following vote: Yeas—Buol, Cline, Con- nors, Markham, Michalski, Nicholson. Nays —Dug- gan. Railroad Depot Restora- tion Project: City Manager recommending accep- tance of the Railroad Depot Restoration Project - Light- ing 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 Reconstruc- tion Project: City Manager recommending accep- tance 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 rec- ommending 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 Resolu- tion No. 394-03 Accepting improvement and Resolu- tion No. 395-03 Approving final contract amount of $11,625. Seconded by Nicholson. Motion carried 7-0. Library Roof Replacement Project: City Manager rec- ommending acceptance of the Library Roof Replace- ment Project as completed by Jim Giese Commercial Roofing in the final con- tract amount of $44,378, upon motion received and filed. Buol moved adop- tion of Resolution No. 396- 03 Accepting improvement and Resolution No. 397-03 Approving final contract amount of $44,378. Sec- onded by Nicholson. Motion carried 7-0. Helping Services for Northeast Iowa Subcon- tract: City Manager rec- ommending 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 & Eastem 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 Resolu- tion No. 398-03 Approving agreement with the Iowa Central & Eastern Railroad i..atallatinn of a five- ly'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 Subdi- vision: City Manager rec- ommending that a public hearing be set for Novem- ber 3, 2003 to consider a request from Oak Park Place of Dubuque, LLC, the developer of Lot 10 of Medical Associates Subdi- vision, to purchase Lots 1, 2 and 3 of Medical Associ- ates 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 auditori-: : um and that the City Clerk, publish notice in the man- ner prescribed by law. , Seconded by Nicholson. Motion carried 7-0. 2003 Local Law Enforce- ment Block Grant Funds: City Manager recommend- ing 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 far 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 pre- - scribed by law. Seconded - • by Nicholson. Motion car-, ried 7-0. Ice Harbor Pump Auxiliary Power Project: City Man ager recommending initia-' tion of the bidding process for the Ice Harbor Pump Auxiliary Power Project and setting a public hear- ing for December 1, 2003,', upon motion received and, filed. Cline moved adop-. tion of Resolution 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 auditori- um and. that the City Clerk: publish notice in the man- ner prescribed by law and Resolution No. 404-03 Ordering bids. Seconded by Nicholson. Motion car- ried 7-0. County Farm Interceptor Sewer Extension Project: City Manager recommend- ing that a public hearing be held on November 17, 2003 to consider establish- ing the County Farm inter- ceptor sewer connection fee at $500 per acre, upon ' motion received and filed. Buol moved adoption of , Resolution No. 405-03 Pro- viding for notice of the date, time and place of a' public hearing on an ordi-', nance establishing a con- nection 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 pre- scribed by law. Seconded by Nicholson. Motion car- ried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council,: regarding their desire to serve on the following Boards/Commissions: ENVIRONMENTAL ADVISO- RYSTE COMMISSION WARDSHIP (onne 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 request- ing consideration for appointment to this Com- mission. HISTORIC PRESERVA- TION COMMISSION:(One unexpired term through 7/1/05 for Old Main Dis- trict; two 3-year terms through 7/1/06 for At Large) Applicants: James E. Gibbs (At -Large) Matthew Lundh (At -Large) Ahgella Marlatt (At -Large) David C. Stuart (At -Large David Stuart and Matthe Lundh spoke requestin consideration for appoint ment. PUBLIC HEARINGS. he rules Upon motion t 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 inter- est. Grandview Avenue United; Methodist Church: Proof of publication on notice of hearing to consider rezon- ing property located at 419 and 485 North Grandview /, 1755 Bennett Street / 1730 Grace Street from R-1 Sin- gle-Family Residential Dis- trict to C-2 Neighborhood Shopping Center District at the request of the Grand- view Avenue United Methodist Church / Ambrose and LaVerne Klein / Shane Klaas / Robert and Naoko Grippes / Richard Hartig and 'Zon- ing Advisory Commission recommending approval; communications in support ) w• ago and at that time letting it be known that the C'i urch building on N. Grandview was for sale. other than Mr. Hartig's present offer there had peen no other viable offers in . that time and he. requested the rezoning for Mr. Hartig. Speaking in favor of the proposed rezoning were: Mac Alinger, James rvid Saele, Jane Bradley, Ward, Kathryn Dean, Larry Burgess, John Dean, Jack Borchers, Vem Sigwarth, Speaking in opposition the proposed rezoning were: Tammy Pfab, Linda Heyer, Dave Stuart, Casey & Corey Thein, Andy Ret- tenmeier, Linda LaSoya, Tom Welu, Jackie Welter, Julie Schwendinger, Chuck Lehman, Kathy Lehman, Chris . Johnson, Teri Link, Beth Gilbreath, Tina Neu- -- oni,o.+ C rinnes. v - erty located at 3136/3146 Central Avenue from R-3 Moderate Density Multi Family Residential District to District at Gin Neighborhood Sr hopp 9 Cent the request of John Kretz/Perfection Oil Com- pany and Zoning Advisory Commission recommend- ing 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. 32nd St. Ordinance o7A (the-03 Amending Appendix Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described scribead property t 3136/3146 Central Avenue from R-3 Moderate Density Ordinance No. 79-03. Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing .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 pro- posed Ordinance be con- sidered and voted on for passage at two Council Meetings prior to the meet- ing at which it is to be final- ly passed be suspended and further moved final consideration and passage of the Ordinance. Nlarkha Sec- onded by Motion carried 7-0. The Cafaro Company - Development, presented 1 tioi and read. Buol moved that suI the requirement that a pro- pal posed Ordinance be con- the sidered and voted on for Ce passage at two Council ag Meetings prior to the meet- ap ing at which it is to be final- re( ly passed be suspended me and further moved final tic consideration and passage pr of the Ordinance. Second- tic ed by Michalski. Motion rn carried 7-0. Tunnel Easement Agree- ni ment - Dubuque Bank and G Trust: Proof of publication L, on notice of hearing to C consider a tunnel ease- 7 ment agreement with Dubuque. Bank and Trust C for construction of a tunnel F to connect two buildings F on the east and west side r of Central Avenue between a 13th and 14th Streets and r City Manager recommend r ,ing approval, upon motion 1 received and filed. Cline : moved adoption of Resolu- .,_ nna n4 re rrsina