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5 17 04 Skeleton Sheet CITY COUNCIL SPECIAL SESSION, MAY 17, 2004 COUNCIL MET IN SPECIAL SESSION AT 5:00 P.M. IN THE LIBRARY AUDITORIUM 8 PRESENT; MA Y~~. UGGAN,. .~NCIL ME~ERS BUOL, J.NE, CO~RS, MARKH,." MIC~LSKI, N.IC~LSON CITY MANAGER VAN "LIGEN; CORPORATION COUNSEL LINDAHL ABSENT: //}t;Jt:?'<- ..rðp'/vzr Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing Bee Branch Restoration Alignment Study. Motion to adjourn at þ,~tf 8 Ay~ Nays ;./ ./ Buol Cline / Connors / Duggan ::,/ J!la. rkham /Michalski ~cholson . ",' J-- . "<~~ ,:"-_._---~¿z~~¿~~-- L~ ~-=--~~-p~----~-, ' ~--!~-' ;-=-~~ ~::ð'¿"~æ'~ ¡~~=-~~- C4-~ -~ : 1- ~~~ l-~r¿~~= H~~~~~~~~ l ' ':i." ~;2:t~-~.~' 1.11.. A' ~ ~~ ~ .' 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IN THE LIBRARY AUDITORIUM PRESENYMA YOR »UG~N, çoUNCIL MEMBERS sCOt, C~. E, CONIoRs, MARK!1AM, MICH!LSKI, NICIjOLSON CITY MANAGER VANJÎLLIGEN; CORPORATION COUNSEy(.NDAHL ABSENT: Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. INVOCATION: Reverend Merlin Schlichting, Pastor of St. Peter Lutheran Church 8 8 2 8 . . CONSENT ITEMS ~I~ Ayef!A Nays ~ V Buol / Cline / Connors '/@ÆDUggan arkham / Michalski I Nicholson I p 1. Minutes and Reports Submitted Airport Commission of 4/26; Cable TV T eleprogramming Commission of 4/26; City Council of 5/3; Human Rights Commission of 4/12; Investment Oversight Advisory Commission of 4/29; Park and Recreation Commission of 4/13; Zoning Advisory Commission of 5/5; Zoning Board of Adjustment of 4/22 Proofs of publication of City Council Proceedings of 4/19 and List of Claims and Summary of Revenues for month ending March 31, 2004 Investment Oversight Commission 44th Quarterly Report 2. Suggested Disposition: Receive and File Notice of Claims/Suits Dan Galle for vehicle damage; Angela McCarthy for personal injury Suggested Disposition: Receive and File; Refer to Legal for InvestigationlReport 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: Angela McCarthy for personal injury Suggested Disposition: Receive and File; Concur Ayes Nays Buol Cline Connors Duggan Markham Michalski Nicholson 3 8 . . 3. Citizen Communications Communications from Sara Mewboume and Realtors Janann Kleinstiver and John Klauer regarding sewer problems at 335 Klingenberg Terrace and requesting City assistance. Communication from Sister Bernadine Curoe, SVM, submitting a petition in support of amending the current non-discrimination ordinance to include the category of sexual orientation. 4. Suggested Disposition: Receive and File; Refer to City Manager Tentative Agreement with the Dubuque Professional Firefighter's Association, Local #353 City Manager recommending approval of a Tentative Agreement between the City of Dubuque and the Dubuque Professional Firefighter's Association, Local #353. RESOLUTION /ftJ- ¿f-/ Accepting the Tentative Agreement between the City of Dubuque, Iowa, and the Dubuque Professional Firefighters' Association, Local #353 and authorizing the Mayor to sign the agreement 5. Suggested Disposition: Receive and File; Adopt Resolution Parking Enforcement Software City Manager recommending acceptance of the Parking Enforcement Software Project, as completed by EDC Corporation, in the final contract amount of $77,525. RESOLUTION ¿;tPø' - tJ </ Accepting parking enforcement software RESOLUTION ;;;l:l/- tJ ~ Final estimate for the parking enforcement software Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays -f Buol Cline Connors Duggan 1 Markham Michalski Nicholson 5 . 6. . . Iowa Street Ramp Skywalk Improvement Project City Manager recommending acceptance of the Iowa Street Ramp Skywalk Project, as completed by Dubuque Glass Company and Prostruct Construction, in the final contract amount of $50,241.83. RESOWTION ¿l¡f ¿;:z - (J.y/ Accepting improvement for the Iowa Street Ramp Skywalk Project ;:;JtJ;? - ð~ Final estimate for the Iowa Street Ramp Skywalk RESOLUTION Project Suggested Disposition: Receive and File; Adopt Resolutions 7. Community Development Financial Institution (CDFI) Study City Manager recommending approval to enter into a contract with Paige Chapel, co- funded by Dubuque Bank and Trust, for the purpose of an initial assessment of the feasibility of establishing a community development financial institution (CDFI) in Dubuque. Suggested Disposition: Receive and File; Approve 8. Phase V - Architectural/Historic Survey Consultant City Manager recommending approval of the selection of Jim Jacobsen as the consultant for Phase V of the Architectural/Historic Survey which involves the survey of Dubuque's oldest residential neighborhoods adjacent to the downtown area. RESOLUTION ,;;:?& 7"'- éI ~ Approving a contract for Phase V ArchitecturaJlHistoric Survey! Evaluation Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Buol Cline Connors Duggan Markham Michalski Nicholson 6 8 . . 9. 10. 11. 12. Save America's Treasures Grant Application City Manager recommending approval of a Save America's Treasures grant application in the amount of $300,000 for the Dubuque Shot Tower Rehabilitation Project. RESOLUTION ::?lJ..g-; ¡J </ Authorizing submittal of a grant application for rehabilitation of the Dubuque Shot Tower Suggested Disposition: Receive and File; Adopt Resolution Water Meter Reading Contract Renewal City Manager recommending approval of a third five-year renewal of the City of Dubuque water meter-reading contract with Aquila effective July 1, 2004. Suggested Disposition: Receive and File; Approve Fiscal Year 2005 Annual Action Plan - Amendment #1 City Manager recommending approval of an amendment to the City's Community Development Block Grant (CDBG) Fiscal Year 2005 Annual Plan to provide for additional funding for the Community Partnership (cp2) program. RESOLUTION ..?#~ - ¿pc/' Approving Amendment #1 to the Fiscal Year 2005 (Program Year 2004) Annual Action Plan for Community Development Block Grant funds Suggested Disposition: Receive and File; Adopt Resolution Community Partnership (cp2) Program - Fiscal Year 2005 Recommendation City Manager recommending approval of the Community Development Advisory Commission's allocation of Community Partnership Program (cp2) funds for Fiscal Year 2005. RESOLUTION ;3rl7 -0 ~ Authorizing the award of Community Partnership Program (cp2) Funds for Fiscal Year 2005 Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Buol Cline Connors Duggan Markham Michalski Nicholson 7 8 . . 13. 14. 15. Purchase of Property City Manager recommending approval of the purchase of a residential dwelling located at 827 West 32nd Street as part of the acquisition program associated with expansion of the West 3200 Street detention basin. RESOLUTION ¿¥7&,-¿1 z/ Approving the acquisition of real estate located at 827 West 32"d Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution Heartland Financial Downtown Rehab Loan City Manager recommending approval of a Memorandum of Understanding with Heartland Financial to provide certain financial assistance for the rehabilitation of the former Walsh Store Building, including a $300,000 Downtown Rehabilitation Loan. RESOLUTION ;?O :f - tJl y' Authorizing a Letter of Commitment and additional actions concerning a Downtown Rehabilitation Loan to Heartland Financial USA, Inc. Suggested Disposition: Receive and File; Adopt Resolution Pvt. Michael Deu1sch Resolution Communication from Terry l. Cox, City Administrator of Harlan, Iowa, submitting a resolution of sympathy and support in honor of Pvt. Michael Deutsch. . i / Suggested Disposition: Receive and File - ~ ~ ß 4~~ Ayes Nays Ó /,¿Â- #/ ~ /,7 Buol <..r (l-J Cline //@§onnors Duggan / / Markham / /rf) Michalski / Nicholson 8 . . . 16. 17. State Historical Society of Iowa Communication from the State Historical Society of Iowa advising that the West Eleventh Street Historic District and the Langworthy Historic District will be considered by the State National Register Nominations Review Committee for nomination to the National Register of Historic Places on June 11, 2004. Suggested Disposition: Receive and File Business Licenses . / RESOLUTION ,..# cJ ~ ð 7' Granting the issuance of a Class "B" Beer (5-Day Special Event) Permit to Dubuque Jaycees (ARC Games, Main Event, Grand Excursion and All That Jazz) and Dubuque Rotary (Grand Excursion); Class "B" Permit to PiZZa Hut (2075 John F. Kennedy Road and 320 East 20th Street); and Class "C" Beer Permit to Casey's General Store #2420 and Casey's General Store #2421 RESOLUTION ;:;r/'/ - ð r' Granting the issuance of a Class "A" (Club) Liquor License to Dubuque Golf and Country Club; Class "C" Beer/Liquor License to Comer Tap, Tott's Tap, Easy Street and Clarke College; and Special Class "C" Liquor License to Athenian Grill Suggested Disposition: Adopt Resolutions Ayes Nays Buol Cline Connors Duggan Markham Michalski Nicholson 9 . . . PUBLIC HEARINGS SUSPEND THE RULES {;;39 Ayþs Nays .7 Buol I Cline // Connors // Duggan // ~Markham 1/ / ichalski / icholson 1. Julien Dubuque Drive Planned Industrial District Proof of publication on notice of hearing to consider an amendment to the Julien Dubuque Drive Planned Industrial District to allow off-premise signs (billboards) in Zone ,~ A as P.e r Heavy Indu stn."a. I bUI.k standards at the request of FI.intDrake/B ird Sign, InC'1J. l and Zoning Advisory Commission recommending denial. . ORDINANCE 3f' ~ ð</ Amending Appendix A (the Zoning Ordinance) of the ~ City of Dubuque Code of Ordinances by repealing Section E(3) of Ordinance No. 17-84 and enacting a new Section E(3) in lieu thereof pertaining to off-premise signage /P1ß requirements of the Julien Dubuque Drive PI Planned Industrial District ¡J/I Suggested Disposition: Receive and File; Concur with Denial; 2! Motion B; ~ A (Super Majority vote). I ~ Pj. 1./ ~(J A~) Nays if 11 - ,; /(Ý Buol, 01 /2) ~o~ bl / / \\ ') Connors /1; / ,,¡. /1 l Duggan ~j/JI' 71 . Markham r ,.) t 11 IV . Michalski IJl . ~ Nicholson / 10 . 8 . / ,5Ý fI' 2. Text Amendment - Greater Downtown Urban Renewal District Proof of publication on notice of hearing to consider an amendment to the C-5 Business District to coincide with the Greater Downtown Urban Renewal District regarding regulation of off-street parking as requested by the City of Dubuque and the Zoning Advisory Commission recommending approval. ORDINANCE :3? -1:;V~ Amending Section 3-3.5(G)(E) of the City of Dubuque Code of Ordinances by revising the off-street parking requirements in the C-5 Business District Suggested Disposition: Receive and File; Motion B; Motion A AY~) Nays / JrBuol ,/ Cline // Connors Duggan // Markham , / Michalski / @NiCholson 11 . . . 3. Sale of Park Property Proof of publication on notice of hearing to consider a request from Jeffrey and Julie Ann Chase to purchase a portion of Gay Park and City Manager recommending approval. RESOLUTION d?;/ if - tJ ~ Approving plat of Lot 1-3 and Lot 2-3 of Grommersch Place, Dubuque, Iowa RESOLUTION ¿?/.5 - ð ~ _oS of City ;me- ;0 '-'" '" of Grom"",.rS.~h . Place, Dubuque, Iowa Suggested Disposition: Receive and FiI.e. ; Adopt Resolutions ~ Û~lAI. :!es Buol Nays I ~ 11 ) j/@ Cline (¡~n;pff ~ Connors / / Duggan / "Markham .4D ~ Michalski All / @NiCholson v</ 13 . . . 4. I¡:~ Residential Parking Permit District Proof of publiçation on notice of hearing to consider establishing a Residential Parking Permit District on West 15th Street from Cornell Street to Fairview Street, West 16th Street from Catherine Street to Fairview Place, Cornell Street and Picket Street as /J requested by the residents of the area and City Manager recommending approval. ; I h2(' ORDINANCE . "3 J - tJ t/ Amending the Code of Ordinances of the City of if .. Dubuque, Iowa, by modifying Subsection (a) of Section 32-397 thereof providing for the J}.; designation of West 15th Street from Cornell Street to Fairview Street, West 16tfi Street /i' from Catherine Street to Fairview Place, Cornell Street, and Picket Street as a UJ Residential Parking Permit District ('jJ - ORDINANCE 3 L/-cfJ.z/ Amending Section 32-262(d) of the Code of r Ordinances of the City of Dubuque, Iowa, prohibiting parking on designated streets or portions thereof by adding May Place from Cornell Street to its westerly terminus Suggested Disposition: Receive and File; Motion B; Motion A U Aye~J Nays // b Buol /. Cline .&j // . Connors Duggan / . Markham :¡/~ . . M_lson )11. 'Ø }I¡J JI[) 6q~ )f 1 & I 1. LIlt}, ~(¡1 1,0 14 . . . 5. Tax Increment Revenue Bonds - Lower Main Development, L.L.C. Proof of publication on notice of hearing to consider the issuance of not to exceed $185,000 in urban renewal tax increment revenue bonds to support Lower Main Development, LLC.'s redevelopment of the former Weber Paper Company Building and City Manager recommending approval. RESOLUTION é?7 -V ~ {J / Instituting proceedings to take additional action for the issuance of not to exceed $185,000 Urban Renewal Tax Increment Revenue NO'5' RESOLUTION ¿?A? - tJ ~ Authorizing and providing for the issuance of $1 at,ooo Urban Renewal Tax Increment Revenue Notes, Taxable Series 2004, of the City of Dubuque, Iowa, and providing for the securing of such notes for the purpose of carrying out an Urban Renewal Project in the area of the City of Dubuque, Iowa designated as the Greater Downtown Urban Renewal District Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays ~. ,B~ol // ß;;lme / / VConnors / Duggan ~ ~ìMarkham // C/ Michalski Nicholson 15 . . . 6. Operations and Service Center Construction Project Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending that the public hearing on the Operations and Service Center Construction Project be tabled to June 7, 20 Suggested Disposition: Receive and File; Table to June 7, 2004 Ayes Nays .7 Buol / &Cline // Connors Duggan / . Markham / ~~ichalski / l/"nicholson /{Jf' 7. 26th Street Storm Sewer Extension Project Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the 26th Street Storm Sewer Extension Project to Drew Cook & Sons Excavating Co., Inc., in the amount of $28,902.80. RESOLUTlON,;;JJ' ¿;; ~ Cl </ Adopting plans and specifications RESOLUTION ;J;17 - tJ ~ Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions ~ Nays . . Buol //@Cline /. Connors Duggan ~ Markham / Michalski / &icholson 16 . . . 8. 2004 Asphalt Paving Project Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the 2004 Asphalt Paving Project to River City Paving, in the amount of $1,206,117.13. RESOLUTION d?1 èi - tJ z/ Adopting plans and specifications RESOLUTION ?J'":1~tJz/ Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions Av~ Nays .// (j Buol / Cline I Connors 1/ Duggan ~arkham / Michalski Nicholson 9. Concrete Section Repair and Overlay of Samuel Street 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 Samuel Street Repair Project to River City Paving, in the amount of $110,204.20. RESOLUTION ;;?-,?cJ - tJ ~ Adopting plans and specifications RESOLUTION ~/ J tJ r/' Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays ':/ duol / J;vline / Connors Duggan / Markham // Michalski. / Æ"icholson 17 . REINSTATE THE RULES ~ Nays :/ Buol (j / ¡;:;¡~line /j . / 7 / ~onnors ¡, . /' Duggan / /.. Markham A"/(VM.iChalski . A.1 d 'A~J ~ Nicholson' -tJt.VVJ /l'v' . . 18 . 8 . ACTION ITEMS ?'/J 1. Grandview Avenue Parkway Demolition District - PULLED FROM AGENDA Historic Preservation Commission recommending City Council approval of the establishment of the Grandview Avenue Parkway Demolition District. Communication from Rosemary Kieffer, 70 North Grandview Avenue, in opposition to the proposed demolition district. Communication of Sheila and Erich Vierkant in opposition to the Grandview Avenue Demolition District and requesting that the City Council allow public input regarding the issue. Communication of Alfred E. Hughes, 150 South Grandview Avenue, in opposition to the proposed demolition district. Communication of Marvin R. Heiderscheit submitting petitions of residents who have changed their position regarding the proposed demolition district and those in opposition to the district and requesting that citizen input be allowed on the issue, Communication of Tammy Pfab requesting that she or Joan Belcastro be allowed to address the Council regarding the proposed demolition district. ORDINANCE Amending Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11-4(a) to establish the Grandview Avenue Parkway Demolition District Suggested Disposition: Receive ~:~~otion A . . ,) -:;z ~ /' ~ ~~ £ÞI~ ;;. ~ ~ . . "'1zíJlíj r~ / ß~ :!)? :; / ~ ) þI /;()/ !5 J:;J / /" ~¿)fr¿PJJ # !J / f)~~, / / J~ kM~ /- 19 8 . . 2. 1 1;') Establishment of Fair Market Value - Eunice and James Newman City Manager recommending approval of the establishment of the fair market value of the Eunice and James Newman property needed for right-of-way for the realignment of University Avenue from Ethel Street to US 20 at the entrance to Theisen's. RESOLUTION ,¿;J¿?,;;2 - Ó:/ Establishing fair market value for the acquisition of certain real property owned by James E. Newman in the City of Dubuque, Iowa for the uniVprSity .. Avenue extension project Suggested Disposition: Receive and File; Adopt Resolution tÁ I AJBs Nays pj / // Buol ' skllfJ /: þj)~line tVll / ~onnors / Duggan / Markham Michalski / (!) Nicholson 3. Tax Increment Ordinance for the Greater Downtown Urban Renewal District City Manager recommending approval of a tax increment ordinance for the Greater Downtown Urban Renewal District to assist future public and private development efforts in the downtown and riverfront area. ORDINANCE ð5~ cJ ý' Amending Ordinance Nos. 30-82 and 66-89, each as previously amended, providing that general property taxes levied and collected each year on all property located within the Greater Downtown Urban Renewal District of 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 the Urban Renewal Plan for the Greater Downtown Urban Renewal District Suggested Disposition: Receive and File; Motion B; Motion A AY~ Nays ~ ÚBuol / Cline / Connors / Duggan / /'> ~arkham / ~ichalski Nicholson 20 8 4. . . "No Wake" Zone Communication of Michael Woodyard, Commodore of the Julien Dubuque Yacht Club, requesting a "no wake" zone in the Mississippi River from the Julien Dubuque Bridge to the railroad swing. City Manager response to Michael Woodyard, Commodore of the Julien Dubuque Yacht Club. Suggested Disposition: Receive and File; Refer to City Manager Aves Nays 'i Buol /' ø Cline / Connors Duggan / Markham / /~ichalski /. Nicholson 5. Point of Service Plan I J City Manager submitting information regarding the Point of Service health care plan Þ¡? recently adopted by the City's Health Care Committee. / Suggested Disposition: Receive and. Ale . I . JØj/j f/ þ.yes Nays 111£' 'IJ ~ ;/ / Buol ". ~.. ~C~ . - V /. Connors Duggan / Markham // k1¡ Michalski /ñi t:)'Nicholson I' U COUNe" MEMBER REPORTS . ~ ~i~ ,/ 1:1 /ð j;;f/nO.' f/ -w ~ - ¡/fj};/, ,vj¡ ¡F¡)1 /Y u r' J!J { /1JY' U &~ ~U' PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of . concem 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 comments; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. CLOSED SESSION Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) 2003 Code of Iowa Motion to go into closed session at 1:4;U Motion to adjourn at ~:øJ Ay~) Nays ./ (!; Buol ,/ Cline ~ Connors / Duggan ðMarkham / l/Michalski / Nicholson . AY~ Nays Buol Cline Connors Duggan Markham @ Michalski Nicholson . 22