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Proof Council Min 11 4 02 to the Agreements for Guy Card (356 Main Street) and Ellen Willis 372 Main Street to extend the timeframe to a Ow additiona shoring of their May 1 2003, upon received and tiled. Mlohaisk moved adoption of ReSOlution No. 589-02 Approving ond amendment Downtown Rehabilitation Loan Agreements for Guy Card (356 Main Street) and Ellen Willis 372 Main Street). Seconded by Cline. Moton cart ed 7-0. 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 eib Dubuque and the Central and Pacific Company. Seconded by Clloe. Motion carried 7~0. iowa League of Cities: Communication from the Iowa League of Cities requesting that City M~nager Michael Van M!l[igen serve on the League s Policy Committse~ 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 Commiffee. Business LicenseS: Michalski moved adoption of Resolution No. 591-02 Granting the issuance of a C 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 the issuance of a Beer/Liquor Ucense to Yen Ching Restaurant, Carlos O'Kaily's Mexican Restaurant, Channel Restaurant, Ground Mano's Italian Reetauranl Europa Haus Restaurant and Bieretube. Seconded byCiide. Motion carried 7"0. ITEMS TO RE SET FOR PUBLIC HEARING Tax fscrercant ,2002 the Town Clock But~e~s application fsr proper- ty tax rebates for historic prop- erties, upon motion received and tiiod: Michaiski adopti® of Resolution No. 593-02 Fixing ~ date; for a public heanr)g on tho issuance of Urban Renewal Tax Obligations and a Property Tax Rebate Agreement relating thereto with Town Clock B u i ] d i n r 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 scribed by AW. Seconded by Markham. Motion carried 7-0. Proposed Land Amendment: Long Planning Commfsslon approval of a land amendment for a apment et 16th and Sycamore Streets, upon motion received and filed and set this for Public Heanng on 11/18/02 the specific area, and the needs of the proposed real- dents. 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 require- ment that a proposed Ordinance be conaldemd and voted on for passage at two Council Meetiegs prior to the meeting at which it is to be finally passed be suspended and further moved final con- sideration and passage of the Ordinance. Seconded by' Cline. Vote on the motion Was as follows: Yeas-4vlarkham, Buo[, Connors, Dsggan. Nays--Michainki, Nichatson, Cline. Motion failed due to lack of ~4 vote. Buol moved that this be cor~iderad the first reading of the Ordinance. Seconded by Markham. Carried by the following vete~ Yeas--Markham, Suol, Connors, Deggan. Nays-- Old Main; Cathedral and Lengworthy Urban Revitalization Plans: Proof of publloetfon oh notice of hear; lng to consider designating the Old Main, Cathedral, and Laegworthy Hietor~c Distriet~- as Urban Revitalization Dietfiets and City Manager recommending approval and communication from the Long Range Planning Advisory Commission regarding the Old Main, L~ngwortby and Cathedral Urban RevEalizatlon Dietdots, upon · motion received and tiled. Ordinance- No. 87-02 Establishing the Lengworthy Urban Revitalization Area, Cid 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 pro- posed Ordinance be consid- ered and voted on for passage at two Council Meetings prior to the meeting et which it is to be finally passed be suspend- ed and further moved final consideration and the Ordinance. Nichaison. Quebecor Development District: Proof of publication on notice of heart lng to consider the creation of the Quebecor EconOmic Devalapment District and City Manager recommending approval of the Urban Renewal Plan and adoption of an ordi- cance establishing a tax iocm- merit tinancing district for the,, Quebecor Economic Development District, which will allow the use of tax incre- ment tinancing as an econom- ic development tinanalng tool in the new disbtet and commu- nication from the Long Range Planning Advisory Commission regarding the Quebecor Urban Renewal, District, upon motion received and tiled. Markham moved adoption of Resolution No. 594-02 Approving the Urban Renewal Plan for the Quebecor Ecohomlo Development District. Seconded by Beat. Motion carried 7-0. Ordinance No. 88-02 property lected each year on all proper- ty locoted within the Quebecor Economic Development District, in the State of IPwa, by benefit of the State of Iowa, City of Dubuque, County of Dubuque, I Jbuque Community School District and other taxing districts, be paid to a special fund for pay- ment of pgncipai and interest on loans, monies advanced to and indebtedness, includin! bonds incurred by said City nection with said Urban Renewal presented and read. moved that the requirement th~ a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to ~nd passage o econded by Buol. Motion carried 7-0. Concrete Repairs on Kerper Boulevard and North Grandview: Proofs of PUblica- tion on notice of heaneg on plans and specifications notice to bidders on receipt of bids and Manager award of the, Concrete Repairs on Kerpe~ Boulevard and Nort;~ Grandview Pro oct to Drew Cook and Sons Excavetng, [nc., in the amount of $68,120.00, upon motion received and filed. Cline moved adoption of Resolution No. 595-02 Adoptin and specifications for the pro; ject and Resolution No. 596- 02 Awarding contract to Drew Cook-and Sons Excavating, Inc. Seconded by Connors. Motion ca~ied 7-0. Upon motion the rules were reinstated limiting discuSSion to the Oounail. AC~ON ITEMS Bond Sale: City advising that Sale $3.105,000 uled for Monday, November 4, 2002 at 11:00 a.m., upon from Subsection (b) of Sectlor~ 32-213 thereof providing for requirement that the proposed 10-36(D) prohibiting swimming requirement that a proposed side of Embassy west Dr~e as Ordinance be considered and inaiuded in the 1998 and 2000 voted on for passage at two Sidewalk Assessment Council Meetings prior to the Installation Programs and City meeting at which it is to he Manager subm~ing ioforma- tidally passed be suspended fion on the request, presented and further moved final con- and read. '"1 alderetion and passage of the Mr. John Herrig, 13668eSI Ordinance. Seconded by Surrey Lane, owner of th Connors. Motion carried 7-0.- properly spoke requesting a Grand Opera House daiay in conetruetion of the GrandF°Undati°n:operaC°mmunicati°nHouse sidewalk ueti[ the laed is from Chris Chapin-Tifion, Director of Devalopmeet of the add directed that this is to come back to the Council be set for Public Heedeg to allow public input on any extension. Seconded by Buol. Motlo~ carried 7-0. Affordable Housing Tax Credit Application from Ama Residential Care: City Manager recommending approval of a request from Area Residen6ai Care (ARC}- for City support of an applica- tion to the Iowa Finance Authority for housing tax cred- its for conatfuetlon of Iow and moderate income housing, upon motion received and filed. Michaioki moved adop- t[on of Resolution No. 599-02 Of support for the develop- ment of an affordable heusin~ project at Kennedy Circle. Seconded by Connors, Motion carried 7"0. Mayor Duggan turned contrql of the meeting to Mayor Pro- Tern Buol due to possible con- tiiet 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 bt an application to the iowa Finance Authority for renova~ ion of six downtown build- upon motion received Mr. Gronen spoke gialn~. specifics of the properties thut will he renovated. Cline moved ad(~ptlon of Resolution No. 600-02 Of .~uppert for the development of affordable housing on Main and West 11th Streets and Resolution No. 601 "02 Of local contobuting effort for the development of affordable~ housing on Main and West 11th Streets. Seconded by Michalski. Motion carded 6-0: Mayor Duggan retained and took control of the meeting. Renaming a Portion of East Sixth Street: Cit~ Maneger recommending that abortion of East Sixth street be rene~med to East Fifth Street- and that stop signs be created for southbound t~aftic c~ Bell Street and westbound traffic on East Frith Shoat and a yield Foundation, requesting Cityi support bt a grant application to the Community A~aation and Tgsrism Program through Vision Iowa, upon motion- received and filed and approved. Third Street Overpass: City Manager ?ecommending approval of a Request for Proposals for consultant ser- vices to provide architectural and engineering design ser- vices for the Third Street o~er- pass improvements, upor~ motion received and tiled and approved recommendation. Legislative Issues: City Manager submitting the City's; Legislative Pded6es for 2003, upon motion received and tilod and approved the parities. COUNCIL ME~ER REPOFITS Connors stated that perhaps- fi should be cladhed for the aud once. the difference between a Publin Headng and Action Items for anyone wish- ing to speak to an item. Cline questioned how often existing stop signs are reviewed and commented that people do want contact with the river et the Rivertroet. Ruol stressed~ that everydee should vote PUBLIC INPUT Mrs. Paf;ricia Riniker, 13543 Burton Furnace Rd., ques- tioned the ownership of the HyVee atdp mail aed stated there has been an increase in water runoff onto their proper- ty 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) 20011 Code of Iowa. At 8:49 Council reconvened Regular Session steting that Staff had been given proper direction. There being no further besi- adjourned at 8:50. /s/Karen M, Chesterman Deputy City Clerk STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION KATHY HEFEL-GOETZINi~E~ I, 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/~he attached notice was published in said newspaper on the following dates , 20 ~:2_. , and for which the, chargeis$ Investment Report, upon motion received and flied. Request for Proposal - p~rking ' Enforcement Software: City replacement Enforcement Sol[ware, motiedreceived Districts and InataT etlon: recommending from John W. Herr g ~ read. hat the~ that he not communication requirement that a proposed Planning Itf ~ West Drive as Ordinance be considered and included in the 1998 and 2000 voted on for passage at two Main, Sidewalk Assessment Council Meetings prior to the approved recommendation. Old Main Surrey Lane, owner Downtown Rehab LOan Urb.~n Reviteiizstion Area, and roperty spoke requesting a Cathedral Urban Revitelizat[on (~elay n construction of the Agreements for Guy Card (356 and read. Buol moved that that the commu- Main Street) and Ellen Wii[is that a ~ received and flied (372 Main Street) to extend the back to the Ioans for(tf their buildings to the meeting at v allow pubic input on any 2003, u On motion be finally passed be suspend- extension. Seconded by BuoL moved adoption of Res°lutin~ COnsideration and passage c Affordable Hdusing Tax No. 589-02 Approving a sec the Ordinance. Seconded b Cmdti Applfostion from Ar~ta end amendmen~ to the Nicbelson. Motio Reaidential Care: Cty .nte for Guy Card (356 Deveiopmeat Distdat: Proof of ~est) and Ellen Willis publicston on notice of hear- in Street). Seconded lng to cons der the creation Of Utility Easement: Development District and City recommending the Urban Renewal n and adoption of an ordi- Paci~c hence establishidg a tax incre- construction of the merit financing water main eiong the QueJ3ecor Northweat ARerlei under ~he Development DistriCt, which railroad tracks, upon motloq will allow the use of tax incre- received and filed. Michalsk~ ment financ ng as an econom- moved adoption of Resolution ic development financing t°°l NO. 590~02 Approving a in the new district and commu- Cooperative Easement nication from the Long Range Agreement between the City of- Planning Advisory Dubuque and the Chicago, Commission Central and Pacific Railroad Quebec. or Urban Company. Seconded by District, upon motion received Cline. Motion carried 7-0. flied. Markham moved iowa League of Cities: of Resolution No. from the Iowa the Urban of Cities requesting Renewal ~ Manager Michael C. Quebecor a request Residentiei Care cfa Grand Opera House Communication Irom Chris Chapin-Tiiten, Director of Development of the Grand Opera House Foundation, requesting Cdy~ support of a grant appficafion ~ to the Community Attraction and Tdur sm program through Vision iowa, upon mbtion- received and filed and approved. Third Street Overpass: City ~fecommending of a Request for Legieist ye Issues: City Manager submitting the City's priorities for 2003; n received and flied the priorities. between e Public Hearing ~md lng to speak to an item. Cline the Riverfroat. Buol stressed~ from serve on the motion received Nichaison stated this is a great Man~ger Council and citizens that Mr. Van. M gen serve on this Committee. . . Bus ness Licer~ses: M~chaisk~ moved edopt_ion of Resolution No 591-03 Granting the issuance of a Class ?," Bee~ Permit to Happy Joe s and Class "C" Seer permit to Big 10 Mart Car Wash and TobacCo Outlet Plus #564 and Resolution No. 592-02 to Yen .C, hing Carlos O Kelly's Mexican Restaurant, Channel inr~ Restsuraot, Ground Round, Marie's italian Restaurant, and Europa Haus Restaurant ~d Bieratube. Seconded by Chne. Motion canted 7-0~ ITEMS TO BE SET FOR PUBUC HEARING Development District. Seconded by BuoL Motion carried 7-0. Ordinance No. 88-02 Providing property tm(e lected each year on all proper- ty ocsted within the Quebecor Economic Development District, in the City of , County of D the State of Iowa, City of Dubuque, County Dubuque, Community Scbeol District and other taxing districts, be paid to a special fund for pay- ment of principal and interes[ on inans, monies advanced to and indebtedness, including bonds ssued or to be issued, ncurred by said City in Con- nection with said Urban Renewal presented and read. moved that the requirement that a proposed Ordinance be considered and voted on fo~ at two Council o the meeting the Town Clock carried 7-0. i f d i n g Concrete Repairs on Kerper & Boulevard and North Grandview: proofs of p~ tion on notice of plans and specifications notice to bidders on receipt of bids and Manager award of the contmat for t Concrete Repairs on Kerper Boulevar¢ and North Grandview Proieot to Drew Cook and Sons Excavating, 1nc. n the amount of $68',120.00, upon motion received and filed. Cline No. 595-02 ,f the Public He~ring to .be 11/18/02 at 6:30 P.M. in the Public Library Ac~[~,~fium and that the City Ce notice in the scribed by I~w. Markham~ Motion carded 7-0. Proposed Land Amendment: Long Range Advisory recommending of a land use map ~nt for a proposed nirty:acre commercial devel~ ~meat at 16th and Sycamore Streets, upon'moti? recei¥~d and filed and set this for Public Hearing on 11/18/02 at a. meeting to commence at 6:3.0 P,M. in the public library audi- torium and that the City Clerk address the Councit regarding Wifienberg). Applicants: · Stanley conner and Hadan Wlienbe , No One spoks. pu Brg~lc HEAR NGS to ARC Urban Proof of pubtication on notice of hearing to coqside[ a Benefit r~queat from Area Res~deat~ai City Care to creste a new urban revtaiization d[atriot and City not be Planning Advisory Urban upon motion recelve, d and filed. Jon Romaine, 3135 We~tmore, repatseot[ng Reeidentia! Care, eXplaining the need for and - Phase as this lot is more than a Bob Bums, Authority for renova- Mrs. Pa~rieia Rieiker, 13543 of six downtown build- Burton Furnace Rd,, ques- upon motion received tioned the ownership of the HyVee strip mai and, stated there has been an increase Mr. Gronen spok~ ff onto thor ro r ¢" Cline moved' ed(~ption of the last three years, --, Reso ution No. 600-02 Of At 8:39 P.M. upon mo~on ~upport ter the devaiopment of _was ?solved_t o g,.o ,nt,(~? _o~e_~ - affordable housing on Main ~esson re: P'e~olng Lldg,~uu~, and West 11th Streets and - Chapter 21.5(1)(c) 2001 Reseiuflon No, 601-02 Of local Code bt iowa. contributing effort for the At 849 Council reconvened developmebt of affordabe ~=gular Sesson stating that housing on Man and West ~aff had been given proper 1th streets. Seconded by rectior~.: . ~ busi.'~ Renaming a Portion of East /s/Karen M. Cheaterman Deputy City Clerk and that stop signs .b,e ers~.e~ ' Street and westbeued tra.~c on E~t F]ffh Street and a yleid ! Public Works Dimator Mike Koch eiadfied the traffic sign changes. ~ Ordinance No. 89-02 Renaming a pottion of the street curreatly named East Sixth Street to Eas~ Fifth Street the pubJic between the of the STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION KATI~EFEL-GOETZINSEt~ a Billing Clerk for Woodward I, 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 /1 f~ ~'~- ~]~ /''~ ' , 20 ~ ~' , 'and for which the charge is $ ~z/. ~.~_ . Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this J H , day of Nota~?ublic in and for Dubuque County, Io ~ ayC0~lJ0a~pl~l~l~ Public Works Director OF DUBUQUE, IOWA 4CIL PROCEEDINGS OFFICIAL ty Council, Regular 1, November 4, 2002 moil met in Regular at 6:30 P.M. in the _ibrary Auditorium. rent: Mayor Duggan I Members Buol, Cline s, Markham, Michalski, ion, City Manager 1 Van Milligen, ation Counsel Barry cation was given by nd Woody Allabough, of the Third terian Church. amations: Hunger and- 1ssness Awareness (November 17 - 23, received by Michelle Director of the Maria and Murray Phillips, r of the Dubuque Mission; Faces and Month received by Dick Co -Chair of the Event; e Month (November received by Carole Youth Appreciation (November, 2002) d by Morning Optimist nt Liz Zumhoff, Noon A President Susan ling and Evening A President Lynn ;ONSENT ITEMS es Submitted: Airport ssion of 10/14; City of 10/21; Downtown g Committee of 10/14; Preservation scion of 10/17; lent Oversight Advisory ssion of 10/23; Long Planning Advisory ssion of 10/16;-- rical Board of 10/15; and Recreation ssion of 10/8, upon received and filed. of of publication of I Proceedings of r 7, 2002, upon motion d and filed. tance Abuse Services First Quarter Report for - 'ear 2003, upon motion d and filed. ice of Claims/Suits: Aseno for vehicle e• Karen Colson for y damage; Dubuque Medicine for property Carol B. Krieg for damage; Jim and Kim o for vehicle damage;, St. Claire for vehicle :, upon motion referred egal Staff for investiga- i report. ration Counsel advising following claims have rferred to Public Entity ervices of Iowa, the for the Iowa rnities Assurance Pooly- Aseno for vehicle Carol B. Krieg for damage, upon motion d and filed and con- ortion Counsel recom- g settlement of the of Mike Kilcoyne for y damage and Karen for property damage, irecting the Finance to issue proper pay- Jpon motion received d and concurred. r Communication: iunication from Garry J. sgarding the denial of m against the City for y damage, upon received and filed and - I to the City Manager. r Historical Society of Communication from to Historical Society of advising that the cht Block Building and ell Block Building have ;ceped for nomination National Register of. - Places, upon motion J and filed. Department of Housing Jrban Development: inication from the U.S. nent of Housing and Development advising Consolidated End -of - Review for the rnity Development - rant (CDBG) Program DO1 was satisfactory, notion received and que Metropolitan Area Vaste Agency Waste r Contract: City sr recommending d of a new Dubuque Titan Area Solid Waste - waste delivery con- ltroactive to July 1, moon motion received and approved recom- ion. ministrative Services lent for Benefit :ing Services: City sr recommending ri of an Administrative- s Agreement between ty of Dubuque and er Byerly, Inc. for ben - suiting services related :ity's self -funded health Jpon motion received 1 and approved recom- ion. Heights, No. 2, Phase eptance: City Manager, rending acceptance of blic improvements in Heights No. 2 - Phase Nhich the developer, S. Gudenkauf, has r completed, upon received and filed. f Gary Norby, repre- Ed Tschiggfrie - T Investment Report, upon motion received and filed. Request for Proposal - Parking . Enforcement Software: City Manager rec- ommending approval of a Request for Proposals to solic- it qualified vendors to provide replacement Parking Enforcement Software, upon motion received and filed and approved recommendation. Downtown Rehab Loan Agreement: City Manager rec- ommending approval of a sec- ond amendment to the Downtown Rehabilitation Loarr- 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 sec- ond 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 GIocK Sullaing Company/Cottingham Butler: City Manager recom- mending that a public hearing be set for November 18, 2002 to consider the Town Clock Building Company/Cottingham & Butler's application for proper- ty tax rebates for historic prop- erties, 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 pre- scribed 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 devel- opment at 16th 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 audi- torium and that the City Clerk publish notice in the manner prescribed by law. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the fol- lowing 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 fiexibil- 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 pro- posed Ordinance be consid- ered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspend- ed and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Quebecor Economie- Development District: Proof of publication on notice of hear- ing to consider the creation of the Quebecor Economic Development District and City Manager recommending approval of the Urban Renewal Plan and adoption of an ordi- nance establishing a tax incre- ment financing district for the; Quebecor Economic Development District, which will allow the use of tax incre- ment financing as an econom- ic development financing tool in the new district and commu- nication 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 col- lected each year on all proper- ty 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 pay- ment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in con- nection 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 rt is to be finally passed be suspended and fur- ther 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 publica- tion 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 pro- ject 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 sched- uled 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 Mortensen and communication from Joellen McCarthy, BVM, expressing support for the name of Sister Mary Mortensen, 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 selec- tion of MSA Professional Services as the Engineering Consulting Firm to conduct a second study of the Bee Branch Draining Basin, pre- sented and read. Petitions with 111 signatures - submitted by Wayne Klosterman requesting the Council torestudy the Bee Branch, and to retain MSA Professional Services, to Installation: Communicatio from John W. Herrig request- ing 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 informa- tion 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 commu- nications be received and filed and directed that this is to come back to the Council t. 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 (AR for City support of an applica- tion to the Iowa Finance Authority for housing tax cred- its for construction of low and moderate income housing, upon motion received and filed. Michalski moved adop- tion of Resolution No. 599-02 Of support for the develop- ment of an affordable housin - 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 con- flict 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 renova- tion of six downtown build- ings, 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 housing on Main and West 11th Streets and Resolution No. 601-02 Of local contributing effort for the development of affordable - housing on Main and West 11th 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 or 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. ' 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 Cod 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 an. voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspend- ed 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 an. 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 require- ment 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 con- sideration 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 designa- tions at Twelfth and Bluff Streets by removing the stop signs on Bluff Street and adding a stop sign for west- bound traffic on Twelfth Street,_ presented and read. Public Works Director Mike Koch explained the traffic flow by adding Vthereto 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 con- sideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. - 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 ser- vices to provide architectural and engineering design ser- vices for the Third Street over- pass 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 wish- ing 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., ques- tioned the ownership of the HyVee strip mall and stated there has been an increase in water runoff onto their proper- ty with the heavy rains ofe 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 busi- ness, .upon motion meeting adjourned at 8:50. /s/ Karen M. Chesterman Deputy City Clerk 1t 11/13 1J STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION KATHY HEFEL-GOETZINGES I, 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 he attached notice was published in said newspaper on the following dates /U 0 114 mho,— /_-3 , 20 6 , and for which the charge is $ 5', 8,- Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 0' day of t 7 eve. y= L 20 Notary '' ublic in and for Dubuque County, Iowa JANET K. PAPE Commission Number 199659 Sly Commission Expires 12/11/04t, CITY 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 damages. Ricky St. Claire for vehicle damage, upon motion referred to the Legal Staff for investiga- tion 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 con- curred. Corporation Counsel recom- mending settlement of the claims of Mike Kilcoyne for property damage and Karen Colson for property damage• and directing the Finance Director to issue proper pay- ment, upon motion received and filed and concurred. Citizen Communication: 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 ald filed. U.S. Department of Housing atil 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 con- tract retroactive to July 1, 2002, upon motion received and filed and approved recom- mendation. 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 ben- efit consulting services related to the City's self -funded health plans, upon motion received and filed and approved recom- mendation. 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, repre- senting Ed Tschiggfrie - T investment Keport, upon motion received and filed. Request for Proposal - Parking • Enforcement Software: City Manager rec- ommending approval of a Request for Proposals to solic- it qualified vendors to provide replacement Parking Enforcement Software, upon motion received and filed and approved recommendation. Downtown Rehab Loan Agreement: City Manager rec- ommending approval of a sec- ond 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 sec., and 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 GICCK - blaming Company/Cottingham Butler: City Manager recom- mending that a public hearing be set for November 18, 2002 to consider the Town Clock Building Company/Cottingham & Butler's application for proper- ty tax rebates for historic prop- erties, 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 pre- scribed 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 devel- opment at 16th 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 audi- torium and that the City Clerk publish notice in the manner prescribed by law. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the fol- lowing 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 aives great flexibil- 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 pro— posed Ordinance be consid- ered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspend- ed and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Quebecor Economia-. Development District: Proof of publication on notice of hear- ing to consider the creation of the Quebecor Economic Development District and City Manager recommending approval of the Urban Renewal Plan and adoption of an ordi- nance establishing a tax incre- ment financing district for the; Quebecor Economic Development District, which will allow the use of tax incre- ment financing as an econom- ic development financing tool in the new district and commu- nication 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 col- lected each year on all proper- ty 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 pay- ment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in con- nection 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 fur- ther 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 publica- tion 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 pro- ject 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 sched- uled 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 selec- tion of MSA Professional Services as the Engineering Consulting Firm to conduct a second study of the Bee Branch Draining Basin, pre- sented and read. Petitions with 111 signatures - submitted by Wayne Klosterman requesting the Council torestudy the Bee Branch, and to retain MSA Professional Services, to• Installation: Communication from John W. Herrig request- ing 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 informa- tion 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 commu- nications be received and filed and directed that this is to come back to the Council t. 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 (AR for City support of an applica- tion to the Iowa Finance Authority for housing tax cred- its for construction of low and moderate income housing, upon motion received and filed. Michalski moved adop- tion of Resolution No. 599-02 Of support for the develop- ment of an affordable housin - 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 con- flict 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 renova- tion of six downtown build- ings, 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 housing on Main and West 11th Streets and Resolution No. 601-02 Of local contributing effort for the development of affordable - housing on Main and West 11th 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 er'cted for southbound traffic or 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. ' 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 Cod 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 an voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspend- ed 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 an 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 require- ment 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 con- sideration 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 designa- tions at Twelfth and Bluff Streets by removing the stop signs on Bluff Street and adding a stop sign for west- bound traffic on Twelfth Street,. presented and read. Public Works Director Mike Koch explained the traffic flow 01 It eu u,v n,ve,a r=uye r,aca 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 con- sideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. - 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 ser- vices to provide architectural and engineering design ser- vices for the Third Street over- pass 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 wish- ing 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., ques- tioned the ownership of the HyVee strip mall and stated there has been an increase in water runoff onto their proper- ty 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 busi- ness, upon motion meeting adjourned at 8:50. /s/ Karen M. Chesterman Deputy City Clerk -It 11/13 fLJ, STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION KATHY HEFEL-GOETZINGER I, a Billing Clerk for Wood Communications, Inc., an Iowa corporation, publisher of the Telegraph Her newspaper of general circulation published in the City of Dubuque, Cour Dubuque and State of Iowa; hereby certify that tithe attached notice was publ in said newspaper on the following dates �U u 1" arl')PI /3 , 20 G 2 , and for which the charge is $ Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this H day of (� 6)/e L 20 Oo`.. Notaryj'ublic in and for Dubuque County JANET Ir 'PAPE Commis slon Number 199659 o.� moray Commission Explres 12/11/04 CITY 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 (Novembe , 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 investiga- tion 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 con- curred. Corporation Counsel recom- mending settlement of the claims of Mike Kilcoyne for property damage and Karen Colson for property damage. and directing the Finance Director to issue proper pay- ment, upon motion received and filed and concurred. Citizen Communication: Communication from Garry J. Pape regarding the denial of his claim against the City for property damage, upon motion received and filed an 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 o Historic Places, upon motion received and filed. U.S. Department of Housing 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 adja- cent subdivision. Cline rg9quested follow-up as to availdble emergency vehicle access. Nicholson moved adoption of Resolution No. 586-02K 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 con- tract 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 recom- mending approval of a request from the Dubuque County Historical Society to use a por- tion of the City's historic gran- ite 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 rec- ommending approval of a Request for Proposals to solic- it qualified vendors to provide replacement Parking Enforcement Software, upon motion received and filed and approved recommendation. Downtown Rehab Loan Agreement: City Manager rec- ommending approval of a sec- ond 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 sec.. and 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 GIOC7r rnusaing Company/Cottingham i. Butler: City Manager recom- mending that a public hearing be set for November 18, 2002 to consider the Town Clock Building Company/Cottingham & Butler's application for proper- ty tax rebates for historic prop- erties, 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 pre- scribed by law. Seconded by Markham. Motion carried 7-0. Proposed Land Use Maps. Amendment: Long Advisory Range Planning Commission recommending approval of a land use map amendment for a proposed thirty -acre commercial devel- opment at 16th 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 likrere ity 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 resi- dents. 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: - Bud moved that the require- ment 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 con- sideration 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 Y4 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 hear- ing 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 pro- posed Ordinance be consid- ered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspend- ed and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Quebecor Economie- Development District: Proof of publication on notice of hear- ing to consider the creation of the Quebecor Economic Development District and City Manager recommending approval of the Urban Renewal Plan and adoption of an ordi- nance establishing a tax incre- ment financing district for thei Quebecor Economic Development District, which will allow the use of tax incre- ment financing as an econom- ic development financing tool in the new district and commu- nication 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 generals property taxes levied and col- lected each year on all proper- ty 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 pay- ment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in con- nection with said Urban Renewal Redevelopment Plant - 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 fur- ther 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 publica- tion 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 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 pro- ject 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 sched- uled 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 - explore cost effective altema- tives to the Open Channel Concept to control the drainage problems in the North End of the City o Dubuque, presented and read. 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 reconsid- er action taken by the Counc' 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 por- tion of the Storm Water Management Plan tha includes the Bee Branch Creek Restoration Project from 24th and Elm Street to the railroad tracks and a Resolution Approving an open waterway (channel) from Garfield and Pine to 24th and Elm as part of the City of Dubuque Drainage Basin Master Plan, presented and read. Buol moved t receive and file the communi- cation and adopt the Resolution. Seconded by Nicholson. No vote was taken on this motion. Buoi moved to table this subject to a Work Session. Seconded by Michalski. Motion carried 7-0. Embassy West Sidewalk Installation: Communicatio from John W. Herrig request- ing 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 informa- tion 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 commu- nications be received and filed and directed that this is to come back to the Council t 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 (AR for City support of an applica- tion to the Iowa Finance Authority for housing tax cred- its for construction of low and moderate income housing, upon motion received and filed. Michalski moved adop- tion of Resolution No. 599-02 Of support for the develop- ment of an affordable housin project at Kennedy Circle. Seconded by Connors. Motion carried 7-0. Mayor Duggan tumed control of the meeting to Mayor Pro- Tem Buol due to possible con- flict 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 renova- tion of six downtown build- ings, 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 housing on Main and West 11th Streets and Resolution No. 601-02 Of local contributing effort for the development of affordable - housing on Main and West 11th 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 ti affic or 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. ' 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 Cod- 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 an• voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspend- ed and further moved final consideration and passage of the Ordinances. Seconded by Nicholson. Motion carried 7- 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 suspend- ed and further moved final consideration and passage o the Ordinances. Seconded by Markham. Motion carried 7-0. Mississippi Riverwalk: City Manager recommending an amendment to the Code of Ordinances that would prohib- it 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 adja- cent to the Rivers Edge Plaza by adding . thereto the Riverwalk, presented and read. Buol moved that the-.1 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 con- sideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0.-- 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 ser- vices to provide architectural and engineering design ser- vices for the Third Street over- pass 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 wish- ing 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., ques- tioned the ownership of the HyVee strip mall and stated there has been an increase in water runoff onto their proper- ty with the heavy rains oft 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 busi- ness, upon motion meeting adjourned at 8:50. /s/ Karen M. Chesterman Deputy City Clerk it 11/13 STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION KATHY HEFEL-GOETZINGER a Billing Clerk for Wm I, Communications, Inc., an Iowa corporation, publisher of the Telegraph He newspaper of general circulation published in the City of Dubuque, Col Dubuque and State of Iowa; hereby certify tha_ the e a tack notice w s pu in said newspaper on the following dates / / 3 , 20 6 2- , and for which the charge is $