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12 01 03 Agenda with 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 CONSENTITEMS 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. 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 Council of 11/12 Council of 11/17 Housing Human Rights Mechanical Bd Park and Rec Proceedings 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 Claim - Denied 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 Miller Ltr Barbee Ltr 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 Eagles - Proposed Eagles - Notice of Eagles - Authorizing Agenda MoUon Payment 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 2 Suggested Disposition: Receive and File; Adopt Resolutions Locust - MVM Memo Locust - Staff Memo Locust - Resolutions Locust - Total Cost 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 Port, zen 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 MRDC - MVM Memo MRDC - Staff Memo Contrac~ #I - Contract #2 - Contract #3 - Resolutions Resolutions Resolutions MRDC - Certificates of Completion 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 3 10. Curb Ramp - MVM Curb Ramp - Staff Curb Ramp - Curb Ramp - Total Memo Memo Resolutions Cost 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 Sidewalk - MVM Sidewalk - Staff Memo Memo Sidewalk - Rasolutions Sidewalk - Total Cost Sidewalk ~ Assessments 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 Trust Fd - MVM Trust Fd - Staff Trust Fd Summary Memo Memo 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 Scoff Potter to the Iowa Department of Economic Development for HOME Investment Partnership Program funds Suggested Disposition: Receive and File; Adopt Resolution HOME - MVM Memo HOME ~ Staff Memo HOME - Resolution 4 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 Supervisors Ltr i2. 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 Barton Randle - MVlV Barton Rand[e - Staff Barton Randle - Barton Randle - Memo Memo Resolution Maps i3. 14. 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. RESOLUTION Approving the final plat of Riverwalk 5th Addition Suggested Disposition: Receive and File; Adopt Resolution Riverwalk - ZAC Lb- Riverwalk - Staff Riverwalk - Map Rivetwalk - Plat Riverwaik - Memo Resolution Human Rights Commission - Annual Report City Manager submitting the 2003 Annual Report of the Human Rights Commission. Suggested Disposition: Receive and File Report - MVM Memo Human Rights Memc NOTE: Report provided as hard copy 5 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 Ransdell - BAL Ltr SeFdement Agreement 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 RPPD Petition 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 DRA/CIP - MVM DRA - CIP Ltr Memo i8. 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 Mado's Italian Restaurant; and Special Class "C" Liquor License to Mississippi Mud Bistro Suggested Disposition: Adopt Resolutions Resolution #1 Resolution #2 6 ITEMS TO BE SET FOR PUBLIC HEARING 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 Mediacom - MVM Memo Mediacom - Staff Mediacom - Franchise Extension Memo Resolution Agreement 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 preposition 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 Vessel Systems Vessel - Staff Memo Noth Ltr Vessel - ReselutJon 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 Intemeptor Connection Fee at $478.86 per acre. RESOLUTION Providing for notice of the date, time and place of a public headng 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 7 Southfork - MVM Southfork - Staff Southfork - Southfork - Hap Schedule of Memo Memo P..esoJutJon Connection Fees 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 headng 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 Madison - MVM Mem, Madison - Staff Memo Madison - Madison - Map Hadison - Resolutions Assessments 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 Bd and Comm Ust Overview Sheet Human Rights Apps ESAC Application Housing Application 8 PUBLIC HEARINGS SUSPEND THE RULES 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 lA of Block 1 in Sunset Park Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolutions St. Celia - MVM St Celia - Staff Memo St. Cella - Resolution Memo Material from November 17, 2003 Meeting St Celia - MVM Hem( St. Celia - Staff St. Celia - Resolution St. Celia - Ordinance St, Celia - Resolution Memo #1 #2 St Celia - Vicinity Mai St Celia - Plat 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 Bee Branch - MVM Winger - ZAC Ltr Winger - Staff Winger - Ordinance Winger - Application Memo Repod: Winger - Ltrs and Petition Winger - MVM Memc Photo #2 Photo #3 Photo #4 Photo Photo #5 Photo #6 Suggested Motion 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 AnnexaUon - MVM Annexation - Staff Exhibit A - Map Exhibit B ~ Exhibit B - Legal Fritsch Ltr Memo Memo Applications Descriptions 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 Ice Harbor - MVM Ice Harbor - Staff Ice Harbor - Memo Memo ResoluUons 10 Material from October 20, 2003 Meeting Pump - MVM Memo Pump - Staff Memo Pump - Resolutions 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 Tschiggfde Excavating, Inc. Suggested Disposition: Receive and File; Adopt Resolutions Trail - MVM Memo Trail - Staff Memo Trail - Resolutions Material from November 3, 2003 Meeting Heritage Trail - Bid Tab Trail - MVM Memo Trail - Staff Memo Trail - Resolutions Trail - Map REINSTATE THE RULES ACTION ITEMS 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 DRA Letter 11 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 Agreement - MVM Agreement - Staff Fondell Attachment Memo Memo June Memo Agreement 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 Ill 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 Ordinance - MVM Memo Ordinance - Staff ~ Memo Suggested Motion Trust Fd Ordinance 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 US 20 - MVM Memo US 20 - Staff Memo US 20 - Ordinance Suggested Motion 12 = 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 Stop Signs - MVM Memo Stop Signs - Staff Stop Signs - Map Suggested Motion Memo Stop Signs Ordinance 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 Optimist - MVM Mere Optimist - Staff Memo Noon Optimist Ltr Flag and Pole Flags - Pictures Examples Tax Increment Financing Annual Report City Manager submitting the annual Tax Increment Financing (TIF) Report. Suggested Disposition: Receive and File T~F - MVM Memo T[F - Chart #4 T~F - Staff Memo TJF Report to Auditor TXF - Chart #1 TIF - Chart #2 Chart #3 Fiscal Year 2005 Policy Guidelines City Manager recommending approval of the Fiscal Year 2005 Policy Guidelines. Suggested Disposition: Receive and File; Approve Guidelines - MVM Policy Guidelines Memo COUNCIL MEMBER REPORTS 13 14 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 15