12 1 03 Agenda No IconsCITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, DECEMBER 1, 2003
INVOCATION
Reverend David Pacholke, Chaplain of The Finley Hospital
CONSENT ITEMS
The consent agenda items are considered to be routine and non-controversial and all consent
items will be normally voted upon in a single motion without any separate discussion on a
particular item. If you would like to discuss one of the Consent Items, please go to the
microphone and be recognized by the Mayor and state the item you would like removed from
the Consent Agenda for separate discussion and consideration.
1. Minutes and Reports Submitted
City Council of 11/12 and 11/17; Housing Commission Trust Fund Committee of 10/30;
Human Rights Commission of 10/13; Mechanical Board of 11/17; Park and Recreation
Commission of 11/12
Printed Council Proceedings for month of October, 2003
Proof of publication of Council Proceedings of 10/30 and 11/3
Suggested Disposition: Receive and File; Approve as Printed
2. Notice of Claims/Suits
Robert Hallahan for property damage
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
Corporation Counsel recommending denial of the claim of Scott Spensley for property
damage.
Suggested Disposition: Receive and File; Concur
3. Citizen Communications
Communication of Frank Miller, Member of the Bee Branch Citizens Advisory Committee,
to Jeffery A. Wickenkamp, Camp Dresser & McKee, Inc. regarding stormwater problems
in Dubuque.
Communication from John Barbee regarding the baseball stadium referendum.
Suggested Disposition: Receive and File
4. Eagle Food Centers, Inc.
Notice of Proposed Agenda in the United States Bankruptcy Court regarding Eagle Food
Centers, Inc., et al.; Notices of Motion regarding Eagle Food Centers, Inc.; and Order
Authorizing Payment Under the Stub Rent Procedures.
Suggested Disposition: Receive and File
5. Locust Street Connector Project
City Manager recommending acceptance of the Locust Street Connector Project as
completed by Portzen Construction, Inc., in the final contract amount of $66,582.31.
RESOLUTION
Accepting improvement
RESOLUTION
Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
6. Mississippi River Discovery Center Wetland Package II – Interior Walkways Project
City Manager recommending acceptance of the Mississippi River Discovery Center
Wetland Package II – Interior Walkways Project Contract No. 1 – Wood Piers & Decking,
as completed by Conlon Construction Co., in the final contract amount of $78,245,27,
Contract No. 2 – Wood Framing & Railing, as completed by Tricon Construction, in the
final contract amount of $79,096, and Contract No. 3 – Plumbing, as completed by
Portzen Construction, as a lump sum amount of $11,100.
RESOLUTION
Accepting improvement – Contract No. 1
RESOLUTION
Approving final estimate – Contract No. 1
RESOLUTION
Accepting improvement – Contract No. 2
RESOLUTION
Approving final estimate – Contract No. 2
RESOLUTION
Accepting improvement – Contract No. 3
RESOLUTION
Approving final estimate – Contract No. 3
Suggested Disposition: Receive and File; Adopt Resolutions
7. 2002 CDBG Curb Ramp Installation Project #1
City Manager recommending acceptance of the 2002 CDBG Curb Ramp Installation
Project as completed by Perry Construction in the final contract amount of $35,740.
RESOLUTION
Accepting improvement
RESOLUTION
Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
8. 2000 Sidewalk Installation Program
City Manager recommending acceptance of the 2000 Sidewalk Installation Program as
completed by Perry Construction in the final contract amount of $22,631.30.
RESOLUTION
Accepting improvement
RESOLUTION
Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
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9. State Housing Trust Fund Application
City Manager recommending approval of an application from the Housing Trust Fund
Committee to the Iowa Finance Authority for a $100,000 State Housing Trust Fund grant.
Suggested Disposition: Receive and File; Approve
10. Support of Application for HOME Program Funds
City Manager recommending approval of a Resolution of Support for an application from
Scott Potter to the Iowa Department of Economic Development for HOME Program funds
for a twelve-room SRO (Single-Room Occupancy) facility.
RESOLUTION
Supporting an application from Scott Potter to the Iowa Department of
Economic Development for HOME Investment Partnership Program funds
Suggested Disposition: Receive and File; Adopt Resolution
11. Dubuque County Board of Supervisors
Communication from Donna Smith, Chairperson of the Dubuque County Board of
Supervisors, to Mayor Terry Duggan regarding the Rock Island Army Corps of Engineers
completing Section 208 Study of the Couler Valley project by March 2004.
Suggested Disposition: Receive and File
12. Acceptance of Public Improvements in Barton Randle Addition
City Manager recommending acceptance of the public improvements that Grand View
United Methodist Church has completed in Barton Randle Addition.
RESOLUTION
Accepting improvements in Barton Randle Addition
Suggested Disposition: Receive and File; Adopt Resolution
13. Riverwalk Fifth Addition – Final Plat
Zoning Advisory Commission recommending approval of the final plat of Riverwalk Fifth
Addition as requested by the City of Dubuque.
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RESOLUTION
Approving the final plat of Riverwalk 5 Addition
Suggested Disposition: Receive and File; Adopt Resolution
14. Human Rights Commission – Annual Report
City Manager submitting the 2003 Annual Report of the Human Rights Commission.
Suggested Disposition: Receive and File
15. Mary Ransdell vs. City of Dubuque
Corporation Counsel recommending approval of a Settlement Agreement between Mary
Ransdell and the City of Dubuque.
Suggested Disposition: Receive and File; Approve
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16. Residential Parking Permit District
Petition requesting the designation of a residential parking permit district on Rosemont
Street from Pennsylvania Avenue to Creston Street.
Suggested Disposition: Receive and File; Refer to City Manager
17. Dubuque Racing Association – CIP Schedule
City Manager recommending approval of the Dubuque Racing Association’s Fiscal Year
2004 Capital Improvement Projects schedule.
Suggested Disposition: Receive and File; Approve
18. Business Licenses
RESOLUTION
Granting the issuance of a Class “C” Beer Permit to Kwik Stop Food Mart
(4039 Pennsylvania Avenue)
RESOLUTION
Granting the issuance of a Class “B” (Hotel/Motel) Liquor License to
Grand Harbor Resort and Water Park; Class “C” Beer/Liquor License to Julien Inn, Jorja’s
Restaurant and Lounge, Pepper Sprout, Inc., and Mario’s Italian Restaurant; and Special
Class “C” Liquor License to Mississippi Mud Bistro
Suggested Disposition: Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
1. Mediacom Franchise Extension
City Manager recommending that a public hearing be set for December 15, 2003 to
consider an additional short-term extension through June 30, 2004 of the existing
Mediacom cable franchise and side agreements under the terms currently in effect.
RESOLUTION
of Intent to grant a short-term extension of an existing cable services
franchise and an existing hub site lease to MCCIowa L.L.C.
Suggested Disposition: Receive and File; Adopt Resolution; Pubic Hearing
12/15/03
2. Tax Increment Revenue Bonds to Support Vessel Systems, Inc.
City Manager recommending that a public hearing be set for December 15, 2003 to
consider the issuance of not to exceed $140,000 in urban renewal tax increment revenue
bonds to support the Vessel Systems, Inc. project at the Dubuque Industrial Center West.
RESOLUTION
Fixing date for a meeting on the proposition of the issuance of not to
exceed $140,000 Urban Renewal Tax Increment Revenue Bonds of Dubuque, Iowa and
providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
12/15/03
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3. Southfork – Phase IV Connection Fees
City Manager recommending that a public hearing be set for January 5, 2004 to consider
establishing the Southfork – Phase IV Sanitary Sewer Interceptor Connection Fee at
$478.86 per acre.
RESOLUTION
Providing for notice of the date, time and place of a public hearing on an
ordinance establishing a connection fee for the Southfork – Phase IV Sanitary Interceptor
Sewer
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 1/5/04
4. Madison Street Sanitary Sewer Project
City Manager recommending initiation of the bidding process for the Madison Street
Sanitary Sewer Project and that a public hearing be set for January 19, 2004.
RESOLUTION
Preliminary approval of plans and specifications
RESOLUTION
Fixing date of hearing on plans and specifications
RESOLUTION
Of Necessity
RESOLUTION
Setting date of hearing on the Resolution of Necessity
RESOLUTION
Approving preliminary schedule of assessments
RESOLUTION
Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
1/19/04
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Human Rights Commission (Three 3-Year Terms to Expire 1/1/07 – Terms of Drummer,
Giesen and Jackson):
Applicants:
Sarah A. Davidson, Patricia Foster, Judith Haley Giesen, Evelyn E. Jackson,
Robert Nesler, Marty O’Shea
Appointments to the following Boards/Commissions:
Environmental Stewardship Advisory Commission (One 3-Year Term to Expire 10/1/05):
Applicant:
Wayne Klostermann
Housing Commission (One 3-Year Term to Expire 8/17/04):
Applicant:
Dorothy Schwendinger, OSF
PUBLIC HEARINGS
SUSPEND THE RULES
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1. St. Celia Street – Request to Vacate
Proof of publication on notice of hearing to consider a request from Damian F. Arensdorf
for the vacating and disposal of a portion of the alley north of Hillcrest Road and west of
St. Celia Street behind his residence at 2117 St. Celia Street and City Manager
recommending approval.
RESOLUTION
Disposing of City interest in Lot 1A of Block 1 in Sunset Park Subdivision
No. 3 in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions
2. Request to Rezone Property – 468 Lincoln Avenue (Tabled at November 17, 2003
Meeting)
City Manager recommending that the possible building permit moratorium on the Bee
Branch Creek Restoration Alignment Study area be referred to the Bee Branch Citizen
Advisory Committee.
Proof of publication on notice of hearing to consider rezoning property located at 468
Lincoln Avenue from R-2A Alternate Two-Family Residential District to CS Commercial
Service and Wholesale District at the request of Jay Winger/Winger Construction, LLC
and Zoning Advisory Commission recommending approval, with conditions.
City Manager submitting photographs of the Winger Construction site previously located
in the Port of Dubuque.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 468
Lincoln Avenue from R-2A Alternate Two-Family Residential District to CS Commercial
Service and Wholesale District
Suggested Disposition: Receive and File; Council; Motion B; Motion A
3. Voluntary Annexation
Proof of publication on notice of hearing to consider the voluntary annexation of
approximately 703 acres of property along Seippel Road and Middle Road.
City Manager requesting that due to additional State notification requirements this public
hearing be tabled to January 5 or 19, 2004.
Communication from Douglas and Dianne Fritsch, 14238 Middle Road, regarding the
proposed annexation.
Suggested Disposition: Receive and File; Table
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4. Ice Harbor Pump Auxiliary Power 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 Ice Harbor Pump Auxiliary Power Project to Portzen Construction.
RESOLUTION
Adopting plans and specifications for the project
RESOLUTION
Awarding contract to Portzen Construction
Suggested Disposition: Receive and File; Adopt Resolutions
5. Heritage Trail Extension Project from the Heron Pond Wetlands to the Dubuque
Jaycees Trail
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 Heritage Trail Extension Project from the Heron Pond Wetlands to the Dubuque
Jaycees Trail to Tschiggfrie Excavating, Inc.
RESOLUTION
Adopting plans and specifications for the project
RESOLUTION
Awarding contract to Tschiggfrie Excavating, Inc.
Suggested Disposition: Receive and File; Adopt Resolutions
REINSTATE THE RULES
ACTION ITEMS
1. Dubuque Racing Association
Communication from the Dubuque Racing Association requesting appointments to the
DRA Board of Directors (currently Council Members Roy Buol and John Markham, Mayor
Terry Duggan and City Manager Michael Van Milligen).
Suggested Disposition: Receive and File; Council Appointment
2. Development Agreement for Eagle Valley Subdivision
City Manager recommending approval of an agreement with Fondell Excavating, Inc. for
development of affordable single-family housing in the Eagle Valley Subdivision.
Suggested Disposition: Receive and File; Approve
3. Housing Trust Fund Ordinance Amendment
City Manager recommending approval of an amendment to the Code of Ordinances to
authorize the Housing Trust Fund Committee to direct use of funds received from the
Iowa Finance Authority’s Local Housing Trust Fund and Project-Based Housing
Programs.
ORDINANCE
Amending the City of Dubuque Code of Ordinances Chapter 26 Housing
Regulations, Article III Housing Trust Fund by adopting a new Section 26-37 granting
authority to the Housing Trust Fund Advisory Committee to make application to the Iowa
Finance Authority for funds from the local Housing Trust Fund Program and the Project-
Based Housing Program and to direct how such funds shall be used
Suggested Disposition: Receive and File; Motion B; Motion A
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4. U.S. 20 Speed Limits
City Manager recommending approval of an ordinance to change the speed limit on a
portion of Dodge Street (U.S. 20) from 50 miles per hour to 55 miles per hour to conform
to the current legal speed limits established by the Iowa Department of Transportation.
ORDINANCE
Amending the Code of Ordinances of the City of Dubuque, Iowa by
revising Subsection (c) of Section 32-231 thereof providing for the establishment of
speed limits on Dodge Street (U.S. Highway 20)
Suggested Disposition: Receive and File; Motion B; Motion A
5. Installation of Stop Signs
City Manager recommending approval of the installation of stop signs for east-bound and
west-bound traffic on Edina Street at Glen Oak Street
ORDINANCE
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 on Edina Street at Glen Oak Street
Suggested Disposition: Receive and File; Motion B; Motion A
6. Noon Optimists – Flag Project
City Manager recommending approval of a request from the Noon Optimist Club of
Dubuque to implement an “Avenue of Flags” project and fundraiser.
Suggested Disposition: Receive and File; Approve
7. Tax Increment Financing Annual Report
City Manager submitting the annual Tax Increment Financing (TIF) Report.
Suggested Disposition: Receive and File
8. Fiscal Year 2005 Policy Guidelines
City Manager recommending approval of the Fiscal Year 2005 Policy Guidelines.
Suggested Disposition: Receive and File; Approve
COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concern to that person and which are not an agenda item. Please take your place at the
microphone and state your name and address clearly. Proceed with your 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.
Jeanne F. Schneider
November 26, 2003
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