Minutes Council 11 04 02CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, November 4, 2002
Council met in Regular Session at 6:30 P.M. in the Public Library Auditorium.
Present: Mayor Duggan Council Members Buol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Invocation was given by Reverend Woody Allabough, Pastor of the Third Presbyterian
Church.
Proclamations: Hunger and Homelessness Awareness Week (November 17 – 23, 2002)
received by Michelle Brown, Director of the Maria House and Murray Phillips, Director of the
Dubuque Rescue Mission; Faces and Voices Month received by Dick Landis, Co-Chair of the
Event; Hospice Month (November, 2002) received by Carole Carroll; Youth Appreciation
Month (November, 2002) received by Morning Optimist President Liz Zumhoff, Noon Optimist
President Susan Sieverding and Evening Optimist President Lynn Feltes.
CONSENT ITEMS
Minutes Submitted: Airport Commission of 10/14; City Council of 10/21; Downtown Planning
Committee of 10/14; Historic Preservation Commission of 10/17; Investment Oversight Advisory
Commission of 10/23; Long Range Planning Advisory Commission of 10/16; Mechanical Board
of 10/15; Park and Recreation Commission of 10/8, upon motion received and filed.
Proof of publication of Council Proceedings of October 7, 2002, upon motion received and
filed.
Substance Abuse Services Center First Quarter Report for Fiscal Year 2003, upon motion
received and filed.
Notice of Claims/Suits: Evalyne Aseno for vehicle damage; Karen Colson for property
damage; Dubuque Internal Medicine for property damage; Carol B. Krieg for vehicle damage;
Jim and Kim Paradiso for vehicle damage; Ricky St. Claire for vehicle damage, upon motion
referred to the Legal Staff for investigation and report.
Corporation Counsel advising that the following claims have been referred to Public Entity
Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Evalyne Aseno for
vehicle damage; Carol B. Krieg for vehicle damage, upon motion received and filed and
concurred.
Corporation Counsel recommending settlement of the claims of Mike Kilcoyne for property
damage and Karen Colson for property damage and directing the Finance Director to issue
proper payment, upon motion received and filed and concurred.
Citizen Communication:
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Communication from Garry J. Pape regarding the denial of his claim against the City for
property damage, upon motion received and filed and referred to the City Manager.
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 accepted
for nomination to the National Register of Historic Places, upon motion received and filed.
U.S. Department of Housing and Urban Development: Communication from the U.S.
Department of Housing and Urban Development advising that the Consolidated End-of-Year
Review for the Community Development Block Grant (CDBG) Program Year 2001 was
satisfactory, upon motion received and filed.
Dubuque Metropolitan Area Solid Waste Agency Waste Delivery Contract: City Manager
recommending approval of a new Dubuque Metropolitan Area Solid Waste Agency waste
delivery contract retroactive to July 1, 2002, upon motion received and filed and approved
recommendation.
Administrative Services Agreement for Benefit Consulting Services: City Manager
recommending approval of an Administrative Services Agreement between the City of Dubuque
and Gallagher Byerly, Inc. for benefit consulting services related to the City’s self-funded health
plans, upon motion received and filed and approved recommendation.
Jaeger Heights, No. 2, Phase 3 – Acceptance: City Manager recommending acceptance of
the public improvements in Jaeger Heights No. 2 - Phase Three which the developer, Lloyd S.
Gudenkauf, has recently completed, upon motion received and filed.
Attorney Gary Norby, representing Ed Tschiggfrie – T Corp., spoke and stated for the record
his opposition to this because of the deletion of a second access road (Rita Dr.) for Mr.
Tschiggfrie’s adjacent subdivision.
Cline requested follow-up as to available emergency vehicle access.
Nicholson moved adoption of Resolution No. 586-02 Accepting improvements in Jaeger
Heights No. 2 – Phase Three. Seconded by Cline. Motion carried 7-0.
Bunker Hill Sidewalk Installation Project: City Manager recommending acceptance of the
Bunker Hill Sidewalk Installation Project as completed by Winger Construction in the final
contract amount of $37,342, upon motion received and filed. Michalski moved adoption of
Resolution No. 587-02 Accepting improvement and Resolution No. 588-02 Approving final
estimate. Seconded by Cline. Motion carried 7-0.
Dubuque County Historical Society: City Manager recommending approval of a request from
the Dubuque County Historical Society to use a portion of the City’s historic granite pavers for
the Depot Restoration Project, upon motion received and filed and approved recommendation.
Quarterly Investment Report: City Manager transmitting the September 30, 2002 Quarterly
Investment Report, upon motion received and filed.
Request for Proposal – Parking Enforcement Software: City Manager recommending
approval of a Request for Proposals to solicit qualified vendors to provide replacement Parking
Enforcement Software, upon motion received and filed and approved recommendation.
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Downtown Rehab Loan Agreement: City Manager recommending approval of a second
amendment to the Downtown Rehabilitation Loan Agreements for Guy Gard (356 Main Street)
and Ellen Willis (372 Main Street) to extend the timeframe to allow additional loans for the cost
of temporary shoring of their buildings until May 1, 2003, upon motion received and filed.
Michalski moved adoption of Resolution No. 589-02 Approving a second amendment to the
Downtown Rehabilitation Loan Agreements for Guy Gard (356 Main Street) and Ellen Willis
(372 Main Street). Seconded by Cline. Motion carried 7-0.
Railroad Utility Easement: City Manager recommending approval of a utility easement with
the Chicago, Central and Pacific Railroad Company for construction of the 16-inch water main
along the Northwest Arterial under the railroad tracks, upon motion received and filed.
Michalski moved adoption of Resolution No. 590-02 Approving a Cooperative Easement
Agreement between the City of Dubuque and the Chicago, Central and Pacific Railroad
Company. Seconded by Cline. Motion carried 7-0.
Iowa League of Cities: Communication from the Iowa League of Cities requesting that City
Manager Michael C. Van Milligen serve on the League’s Policy Committee, upon motion
received and filed. Nicholson stated that this is a great honor for the Manager, Council and
citizens that Mr. Van Milligen serve on this Committee.
Business Licenses: Michalski moved adoption of Resolution No. 591-02 Granting the
issuance of a Class “B” Beer Permit to Happy Joe’s and Class “C” Beer Permit to Big 10 Mart
Car Wash and Tobacco Outlet Plus #564 and Resolution No. 592-02 Granting the issuance of
a Class “C” Beer/Liquor License to Yen Ching Restaurant, Carlos O’Kelly’s Mexican
Restaurant, Channel Inn Restaurant, Ground Round, Mario’s Italian Restaurant, and Europa
Haus Restaurant and Bierstube. Seconded by Cline. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Tax Increment Financing: Town Clock Building Company/Cottingham & Butler: City Manager
recommending that a public hearing be set for November 18, 2002 to consider the Town Clock
Building Company/Cottingham & Butler’s application for property tax rebates for historic
properties, upon motion received and filed. Michalski moved adoption of Resolution No. 593-
02 Fixing the date for a public hearing on the issuance of Urban Renewal Tax Increment
Revenue Obligations and a Property Tax Rebate Agreement relating thereto with Town Clock
Building Company/Cottingham & Butler and providing for publication of notice thereof, with the
date of the Public Hearing to be 11/18/02 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 Markham. Motion
carried 7-0.
Proposed Land Use Map Amendment: Long Range Planning Advisory Commission
recommending approval of a land use map amendment for a proposed thirty-acre commercial
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development at 16 and Sycamore Streets, upon motion received and filed and set this for
Public Hearing on 11/18/02 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.
BOARDS/COMMISSIONS
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Applicants are invited to address the Council regarding their desire to serve on the following
Board: Plumbing Board (One unexpired 3-year term to expire 11/2/04 and two 3-year terms to
expire 11/2/05 – Terms of Gonner and Willenborg). Applicants:Stanley Gonner and Harlan
Willenborg. No one spoke.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
ARC Urban Revitalization Plan: Proof of publication on notice of hearing to consider a
request from Area Residential Care to create a new urban revitalization district and City
Manager recommending that the district not be created, communication from the Long Range
Planning Advisory Commission regarding the ARC Urban Revitalization Plan, upon motion
received and filed.
Jon Romaine, 3135 Westmore, representing Area Residential Care, spoke explaining the
need for this project and requested approval as this lot is more accessible than a couple of
other lots they investigated.
Bob Burns, of Burns and Burns and co-developer of this project, spoke stating that the Iowa
Code gives great flexibility concerning the criteria for Urban Revitalization Districts.
Council discussed specifics of the criteria for this designation, the specific area, and the
needs of the proposed residents.
An Ordinance establishing the ARC Urban Revitalization Area as an Urban Revitalization
Area pursuant to Chapter 404 of the Code of Iowa, 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 Cline. Vote on the
motion was as follows: Yeas—Markham, Buol, Connors, Duggan. Nays—Michalski,
Nicholson, Cline. Motion failed due to lack of ¾ vote. Buol moved that this be considered the
first reading of the Ordinance. Seconded by Markham. Carried by the following vote: Yeas—
Markham, Buol, Connors, Duggan. Nays—Michalski, Nicholson, Cline.
Old Main, Cathedral and Langworthy Urban Revitalization Plans: Proof of publication on
notice of hearing to consider designating the Old Main, Cathedral, and Langworthy Historic
Districts as Urban Revitalization Districts and City Manager recommending approval and
communication from the Long Range Planning Advisory Commission regarding the Old Main,
Langworthy and Cathedral Urban Revitalization Districts, upon motion received and filed.
Ordinance No. 87-02 Establishing the Langworthy Urban Revitalization Area, Old Main Urban
Revitalization Area, and Cathedral Urban Revitalization Area as Urban Revitalization Areas
pursuant to Chapter 404 of the Code of Iowa, 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 Nicholson. Motion
carried 7-0.
Quebecor Economic Development District: Proof of publication on notice of hearing to
consider the creation of the Quebecor Economic Development District and City Manager
recommending approval of the Urban Renewal Plan and adoption of an ordinance establishing
a tax increment financing district for the Quebecor Economic Development District, which will
allow the use of tax increment financing as an economic development financing tool in the new
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district and communication from the Long Range Planning Advisory Commission regarding the
Quebecor Urban Renewal District, upon motion received and filed. Markham moved adoption
of Resolution No. 594-02 Approving the Urban Renewal Plan for the Quebecor Economic
Development District. Seconded by Buol. Motion carried 7-0. Ordinance No. 88-02 Providing
that general property taxes levied and collected each year on all property located within the
Quebecor Economic Development District, in the City of Dubuque, County of Dubuque, State of
Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque,
Dubuque Community School District and other taxing districts, be paid to a special fund for
payment of principal and interest on loans, monies advanced to and indebtedness, including
bonds issued or to be issued, incurred by said City in connection with said Urban Renewal
Redevelopment Plan, presented and read. 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 Buol. Motion carried 7-0.
Concrete Repairs on Kerper Boulevard and North Grandview: 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 Concrete Repairs on Kerper Boulevard
and North Grandview Project to Drew Cook and Sons Excavating, Inc., in the amount of
$68,120.00, upon motion received and filed. Cline moved adoption of Resolution No. 595-02
Adopting plans and specifications for the project and Resolution No. 596-02 Awarding contract
to Drew Cook and Sons Excavating, Inc. Seconded by Connors. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Bond Sale: City Manager advising that sale of $3,105,000 General Obligation Bonds, Series
2002C is scheduled for Monday, November 4, 2002 at 11:00 a.m., upon motion received and
filed. Finance Director Ken TeKippe explained the proposed sale and introduced Mr. David
Dirks of Evenson Dodge who reviewed the specifics.
Buol moved adoption of Resolution No. 597-02 Directing sale of $3,105,000 General
Obligation Bonds, Series 2002C and Resolution No. 598-02 Authorizing the redemption of
outstanding General Obligation Bonds, Series 1994, dated May 1, 1994, and directing Notice of
Redemption to be given. Seconded by Markham. Motion carried 7-0.
Flat Iron Park Pedestrian Bridge: Communication from the Sisters of Mercy of the Americas
requesting that the pedestrian bridge to Flat Iron Park be dedicated to the memory of Sr. Mary
Martensen and communication from Joellen McCarthy, BVM, expressing support for the name
of Sister Mary Martensen, RSM, being used to designate the pedestrian bridge to Flat Iron
Park, upon motion received and filed and approved request.
Stormwater Management:
Reconsideration of the selection of MSA Professional Services as the Engineering Consulting
Firm to conduct a second study of the Bee Branch Draining Basin, presented and read.
Petitions with 111 signatures submitted by Wayne Klosterman requesting the Council to
restudy the Bee Branch, and to retain MSA Professional Services, to explore cost effective
alternatives to the Open Channel Concept to control the drainage problems in the North End of
the City of Dubuque, presented and read.
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Council discussed the issue at length, questioning the need for year long hearings, impacts of
projects done on Carter and the West End, lack of funding at this time, and the possibility of a
utility fee.
Michalski moved to reconsider action taken by the Council at the last meeting. Seconded by
Nicholson. Motion failed due to the following vote: Yeas—Nicholson, Duggan. Nays—
Markham, Michalski, Buol, Cline, Connors.
City Manager submitting for Council consideration the portion of the Storm Water
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Management Plan that includes the Bee Branch Creek Restoration Project from 24 and Elm
Street to the railroad tracks and a Resolution Approving an open waterway (channel) from
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Garfield and Pine to 24 and Elm as part of the City of Dubuque Drainage Basin Master Plan,
presented and read. Buol moved to receive and file the communication and adopt the
Resolution. Seconded by Nicholson. No vote was taken on this motion. Buol moved to table
this subject to a Work Session. Seconded by Michalski. Motion carried 7-0.
Embassy West Sidewalk Installation: Communication from John W. Herrig requesting that he
not be required to install the sidewalk on the east side of Embassy West Drive as included in
the 1998 and 2000 Sidewalk Assessment Installation Programs and City Manager submitting
information on the request, presented and read.
Mr. John Herrig, 13668 Surrey Lane, owner of the property spoke requesting a delay in
construction of the sidewalk until the land is developed.
Cline moved that the communications be received and filed and directed that this is to come
back to the Council to be set for Public Hearing to allow public input on any extension.
Seconded by Buol. Motion carried 7-0.
Affordable Housing Tax Credit Application from Area Residential Care: City Manager
recommending approval of a request from Area Residential Care (ARC) for City support of an
application to the Iowa Finance Authority for housing tax credits for construction of low and
moderate income housing, upon motion received and filed. Michalski moved adoption of
Resolution No. 599-02 Of support for the development of an affordable housing project at
Kennedy Circle. Seconded by Connors. Motion carried 7-0.
Mayor Duggan turned control of the meeting to Mayor Pro-Tem Buol due to possible conflict of
interest.
Affordable Housing Tax Credit Application from Gronen Properties: City Manager
recommending approval of a request from John Gronen, Gronen Properties, for City support of
an application to the Iowa Finance Authority for renovation of six downtown buildings, upon
motion received and filed.
Mr. Gronen spoke giving specifics of the properties that will be renovated.
Cline moved adoption of Resolution No. 600-02 Of support for the development of affordable
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housing on Main and West 11 Streets and Resolution No. 601-02 Of local contributing effort
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for the development of affordable housing on Main and West 11 Streets. Seconded by
Michalski. Motion carried 6-0.
Mayor Duggan returned and took control of the meeting.
Renaming a Portion of East Sixth Street: City Manager recommending that a portion of East
Sixth Street be renamed to East Fifth Street and that stop signs be erected for southbound
traffic on Bell Street and westbound traffic on East Fifth Street and a yield sign be erected for
eastbound traffic on East Fifth Street, upon motion received and filed.
Public Works Director Mike Koch clarified the reasons for the traffic sign changes.
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Ordinance No. 89-02 Renaming a portion of the street currently named East Sixth Street to
East Fifth Street and designating the public right-of-way between the westerly end of the newly-
named East Fifth Street and White Street as East Fifth Street; Ordinance No. 90-02 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 at the intersection of East Fifth Street
and Bell Street and Ordinance No. 91-02 Amending the Code of Ordinances of the City of
Dubuque, Iowa, by modifying Subsection (b) of Section 32-216 thereof providing for the
addition of a yield sign at the intersection of East Fifth Street and Bell Street, 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 Nicholson. Motion carried 7-0.
Fengler Street, Manson Road, and Cousins Road Bridge Weight Limit Postings: City
Manager recommending that the weight restrictions on the reconstructed Fengler Street and
Manson Road Bridges be removed and that a 20-ton load limit be placed on the Cousins Road
Bridge, upon motion received and filed. Ordinance No. 92-02 Amending Section 32-185(a) of
the City of Dubuque Code of Ordinances prohibiting heavy vehicles on certain bridges by
removing the weight limit on Fengler Street and Manson Road Bridges and adding a weight
limit on Cousins Road Bridge, 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 Cline. Motion carried 7-0.
Twelfth Street and Bluff Street Intersection – Signage: City Manager recommending a change
of stop sign designations at Twelfth and Bluff Streets by removing the stop signs on Bluff Street
and adding a stop sign for westbound traffic on Twelfth Street, presented and read.
Public Works Director Mike Koch explained the traffic flow changes at this intersection.
Ordinance No. 93-02 Amending the Code of Ordinances of the City of Dubuque, Iowa, by
deleting a portion of West Twelfth Street from Subsection (b) of Section 32-213 thereof
providing for the designation of through streets and Ordinance No. 94-02 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 a stop sign on West Twelfth Street at Bluff Street,
presented and read. Michalski 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 Markham. Motion carried 7-0.
Mississippi Riverwalk: City Manager recommending an amendment to the Code of
Ordinances that would prohibit swimming or wading in the waters adjacent to the Riverwalk,
including the two small pier steps that connect the Riverwalk to the Mississippi River, upon
motion received and filed. Ordinance No. 95-02 Amending Section 10-36(D) Prohibiting
swimming or wading in the waters adjacent to the Rivers Edge Plaza by adding thereto the
Riverwalk, 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.
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Grand Opera House Foundation: Communication from Chris Chapin-Tilton, Director of
Development of the Grand Opera House Foundation, requesting City support of a grant
application to the Community Attraction and Tourism Program through Vision Iowa, upon
motion received and filed and approved.
Third Street Overpass: City Manager recommending approval of a Request for Proposals for
consultant services to provide architectural and engineering design services for the Third Street
overpass improvements, upon motion received and filed and approved recommendation.
Legislative Issues: City Manager submitting the City’s Legislative Priorities for 2003, upon
motion received and filed and approved the priorities.
COUNCIL MEMBER REPORTS
Connors stated that perhaps it should be clarified for the audience the difference between a
Public Hearing and Action Items for anyone wishing to speak to an item. Cline questioned how
often existing stop signs are reviewed and commented that people do want contact with the
river at the Riverfront. Buol stressed that everyone should vote tomorrow.
PUBLIC INPUT
Mrs. Patricia Riniker, 13543 Burton Furnace Rd., questioned the ownership of the HyVee strip
mall and stated there has been an increase in water runoff onto their property with the heavy
rains of the last three years.
At 8:39 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation –
Chapter 21.5(1)(c) 2001 Code of Iowa.
At 8:49 Council reconvened Regular Session stating that Staff had been given proper
direction.
There being no further business, upon motion meeting adjourned at 8:50.
/s/ Karen M. Chesterman
Deputy City Clerk
1t 11/13
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