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