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11 04 02 Skeleton SheetCITY COUNCIL REGULAR SESSION, NOVEMBER 4, 2002 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 UNDAHL Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. INVOCATION: Reverend Woody Allabough, Pastor, Third Presbyterian Church PROCLAMATIONS Hunger and Homelessnees Awareness Week /' [/~P-'~-/~'~ - Faces and Voices Month H~pi~ Month ~ You~ Appreciation Mon~ CONSENT ITEMS Ayes Nays Markham / Michalski Nicholeon Buol .~, Cline~ Connote Duggan 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 Proof of publication of Council Proceedings of October 7, 2002 Substance Abuse Services Center First Quarter Report for Fiscal Year 2003 Suggested Disposition: Receive and File 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 Klm Paradiso for vehicle damage; Ricky St. Claire for vehicle damage Suggested Disposition: Receive and File; Refer to Legal for Investigation/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; Carel B. Krieg for vehicle damage 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. Suggested Disposition: Receive and File; Concur; Finance Director to Issue Payment 2 Citizen Communication Communication from Garry J. Pape regarding the denial of his claim against the City for property damage. Suggested Disposition: Receive and File; Refer to 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. Suggested Disposition: Receive and File 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. Suggested Disposition: Receive and File Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 3 Em 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. Suggested Disposition: Receive and File; Approve = 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. Suggested Disposition: Receive and File; Approve = 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. RESOLUTION ' ~-4)Z~ Accepting improvements in Jaeger Heights No. 2 - Phase Three Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Markham Michalski / Nicholson Buol ~ Cline - Connore Duggan 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. RESOLUTION ~ ~' ~ D 7.. Accepting improvement RESOLUTION -% ~ ~-O 7. Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions 10. 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. Suggested Disposition: Receive and File; Approve 11. Quarterly Investment Report City Manager transmitting the September 30, 2002 Quarterly Investment Report. Suggested Disposition: Receive and File Ayes Nays Markham / Michalski Nicholson Buol ~ Cline Connors Duggan 5 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. Suggested Disposition: Receive and File; Approve 13. 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. RESOLUTION ~-~" ~ ?''' Approving a second amendment to the Downtown Rehabilitation Loan Agreements for Guy Gard (356 Main Street) and Ellen Willis (372 Main Street) Suggested Disposition: Receive and File; Adopt Resolution 14. 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. RESOLUTION ~ ~ {)~ 0 ~-' Approving a Cooperative Easement Agreement between the City of Dubuque and the Chicago, Central and Pacific Railroad Company Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Markham / Michalski Nicholson Buol ~. Cline Connors Duggan 6 15. 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.~ Suggested Disposif~on: Receive and File ~/~ 16. Business Licenses RESOLUTION ~ 4/~ ~ ~ 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 RESOLUTION ~ ~ ~,- O ~ 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 Suggested Disposition: Adopt Resolutions Ayes Nays Markham Michalski Nicholson Buo. I Cline Connors Duggan 7 ITEMS TO BE SET FOR PUBLIC HEARING Tax Increment Financing: Town Clock Building Company/Cottingham & Buffer City Manager recommending that a public hearing be set for November 18, 2002 to consider the Town Clock Building Company/Cottingham & Buffer's application for property tax rebates for historic properties. RESOLUTION ~/~ ~ ~ ~ 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 Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 11118102 Ayes Nays ~, Markham / Michalski Nicholson Buol Cline Connors Duggan 8 BOARDS/COMMISSIONS 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 1tl2104 and two 3-year terms to expire 1112/05 - Terms of Gonner and Willenborg) Applicants: Stanley Gonner and Harlan v~rdlenborg 9 PUBLIC HEARINGS SUSPEND THE RULES Ayes_ Nays ~Markham Michalski Nicholson / Buol ~ Cline Connors Duggan 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.- ~ ~ / ORDINANCE Establishing the ARC Urban Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa Suggested Disposition: Receive and Fi!e; Mgfio. B; Motion A -~P]/-~, ~ ) Markham ~- ~ ~ ~ ~ ~ Michalski~/ ~ ~ ~ V Nicholson ~ / Connom Duggan w 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. Communication from the Long Range Planning Advisory Commission regarding the Old Main, Langworthy and Cathedral Urban Revitalization Districts. ORDINANCE '~/'~0 ~.~ 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 Suggested Disposition: Receive and File; Motion B; Motion A Ayes Nays Markham Michalski ~ Nicholson / Buol Cline Connors Duggan 11 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 district. Communication from the Long Range Planning Advisory Commission regarding the Quebecor Urban Renewal District. RESOLUTION ~'~ L~ 0~. Approving the Urban Renewal Plan forthe Quebecor Economic Development Distdct ORDINANCE ~ ~ ~ ~ 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 Suggested Disposition: Receive and File; Adopt Resolution; Motion B; Motion A 12 Ayes Nays / Markham Michalski Nicholson ~ Buol ~ Cline Connors Duggan m RESOLUTION RESOLUTION Inc. Concrete Repaim on Kerper Boulevard and North Gmndview 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. _~ ~ 5 ~ ~* Adopting plans and specifications for the project ~ G~ ~ ~ Awarding contract to Drew Cook and Sons Excavating, ~//~ Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Markham Michalski Nicholson Buol ~ Cline Connors Duggan REINSTATE THE RULES Ayes Nays Markham Michalski ~. Nicholson / Buol Cline Connors Duggan 13 ACTION ITEMS Bond Sale [ ~,~ City Manager advising that sale of $37~4'0,000 General Obligation Bonds, Series 2002C is scheduled for Monday, November 4, 2002 at 11:00 a.m. RESOLUTION Directing sale of $3,110,00~0 General Obligation Bonds, Series 2002C RESOLUTION Authorizing the redemption of outstanding General Obligation Bonds, Series 1994, dated May 1, 1994, and directing Notice of Redemption to be given Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays ~. Markham Michalski Nicholson / Buol Cline Connors Duggan 14 Flat Iron Park Pedesfl'ian Bridge Communication from the Sisters of Mercy of the Amedcas requesting that the pedestrian bddge to Flat Iron Park be dedicated to the memory of Sr. Mary Martensen. 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, Suggested Disposition: Receive and File; Council Ayes Nays Markham / Michalski Nicholson Buol Cline ~.~Connors Duggan 15 2. Reconsideration of the Selection of MSA Professional Services as the Engineering Consulting Firm to ocnduct a second study of the Bee Branch Drainage Basin Ayes Nays Markham · / Michalski ~ ~ Nichols~n Buol ~'/ Cline ~// .Connors [/ v//Duggan Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 16 Stormwater Management City Manager submitting for Council consideration the portion of the Storm Water Management Plan that includes the Bee Branch Creek Restoration Project from 24~ and Elm Street to the railroa~ tracks. RESOLUTION / Approving an open waterway (channel) from Garfield and Pine to 24t' a~dEImas part of the City of Dubuque Drainage Basin Master Plan Suggested Disposition: Receive and File; Council; Adopt Resolution Ayes Nays M.arkham M,chalski ~- Nicholson Connom Duo~an Ayes Nays Markham Michalski Nicholson Buol Cline Connors Duggan 17 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, City Manager submitting information on the request. Suggested Disposition: Receive and File; Council Ayes Nays Markham Michalski · Nicholson Buol Cline Connors Duggan 17 Proposed Land Use Map Amendment Long Range Planning Advisory Commission recommending approval of a land use map amendment for a proposed thirty-acre commercial development at 16~h and Sycamore Streets. RESOLUTION~ Amending proposed land use map Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Markham Michalski Nicholeon Buol Cline Connote Duggan 18 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 Iow and moderate income housing. RESOLUTION ~ ,,~" ~ 7_~ Of support for the development of an affordable housing project at Kennedy Circle Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Markham / Michalski Nicholson Buol Cline ~Connors Duggan 19 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 applicetion to the Iowa Finance Authority for renovation of six downtown buildings. RESOLUTION ~ ~ ' ~ Z_ on Main and West 11~ Streets RESOLUTION (~ ~) j' ~ ~ Of support for the development of affordable housing Of local contributing effort for the development of affordable housing on Main and West 11m Streets Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Markham ~ Michalski Nichoison Buol / Cline Connors Duggan 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. ORDINANCE ~q ~ ~ ~-'' 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 ~ ~ ~ ~ ~ Amending the Code of Ordinances of the City of Dubuque, Iowa by modifying Subsection (b) of Section 32-2'14 thereof providing for the addition of stop signs at the intersection of East Fifth Street and Bell Street OROINANCE ~ I ~ L~ ~ Amending the Code of Ordinances of the City of Dubuque, iowa, by modifying Subsection (b) of Section 32-2'16 thereof providing for the addition of a yield sign at the intersection of East Fifth Street and Bell Street Suggested Disposition: Receive and File; Motion B; Motion A Ayes Nays Markham Michalski ~Nicholson / Buol Cline Connors Duggan 21 = 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. ORDINANCE ~ ~ D 7-,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 Suggested Disposition: Receive and File; Motion B; Motion A Ayes Nays Markham Michalski Nicholson / Buol ~.Cline Connors Duggan 22 10. 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. ORDINANCE ~* ~ ' ~ ~ Amending the Code of Ordinances of the City of Dubuque, Iowa, by deleting a po[tion of West Twelfth Street from Subsection (b) of Section 32-213 thereof providing for the designation of through streets ORDINANCE ~ ~ ~ D ,~ 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 Suggested Disposition: Receive and File; Motion B; Motion A Ayes Nays ~ Markham / Michalski Nicholson Buol, Cline Connors Duggan 23 11. 12. 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. ORDINANCE ~--~ ~ 0 ~'Amending Section 10-36(D) Prohibiting swimming or ~- wading in the waters adjacent to the Rivers Edge Plaza by adding thereto the Riverw~ ... Suggested Disposition: Receive and Fde; Motion B; Motion A / / Ayes Nays / / (,~ Markham / · Nicholson / Buol Cline '~.Connors Duggan Grand Opera House Foundation Communication from Chds Chapin-Tilton, Director of Development of the Grand Opera House Foundation, requesting City support of a grant application to the Community Attraction and Toudsm Program through Vision Iowa. Suggested Disposition: Receive and File; Approve Ayes/ Nays Markham Michalski Nicholson ~Buol Cline Connors Duggan 24 13. Third Street Overpass City Manager recommending approval of a Request for Proposals for consultant se;vices to provide architectural and engineering design services for the Third Street overpass improvements. Suggested Disposition: Receive and File; Approve Ayes Nays Markham Michalski ~Nicholson i Buol Cline Connors Duggan t4. Legislative Issues City Manager submitting the City's Legislative Priorities for 2003. Suggested Disposition: Receive and File; Approve Ayes Nays Markham Michalski ~,~x Nicholson Buol Cline Connors Duggan COUNCIL MEMBER REPORTS PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your commerrts; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. 25 CLOSED SESSION Pending Litigation - Chapter 21.5(1)(c) 2001 Code of Iowa Motion to go into Closed Session at ~/~ ~ Ayes Nays Markham Michalski Nicholson ./ Buol Cline ~.Connors Duggan Motion to adjourn at Ayes Nays Markham ! Michalski Nicholson Buol c~ Cline Connors Duggan 26