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12 1 03 Skeleton SheetCITY COUNCIL REGULAR SESSION, DECEMBER 1, 2003 MEMBERS/~BUOL, CLONE, CON/NORS, PRESENT, MAYOR ~DUGGAN, COUNCIL MARKet, MICH.-SKI, NIC~OLSON CITY MANAGER ~ VAN/MILLIGEN; CORPORATION COUNSEL J~ LIN~AHL ABSENT: Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such mat'(em which may properly come before the City Council. INVOCATION: Reverend David Pacholke, Chaplain of The Finley Hospital CONSENTITEMS A/yes Nays , , Connom ~. ~-~ Duggan /~ ~ ~Markham /, ~' Michalski / A Nicholson /;)Buol // L7 Cline 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 = 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 2 J 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 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 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 /~5 Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Connors Duggan Markham Michalski Nicholson Buol Cline 3 Mississippi River Discovery Center Wetland Package II - Interior Wall(ways 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 RESOLUTION RESOLUTION ~SOLUTION RESOLUTION Accepting improvement - Contract No. 1 Approving final estimate - Contract No. 1 Accepting improvement - Contract No. 2 Approving final estimate - Contract No. 2 Accepting improvement - Contract No. 3 RESOLUTION /~P ~_-~ Approving final estimate - Contract No. 3 Suggested Disposition: Receive and File; Adopt Resolutions J 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 Disposilion: Receive and File; Adopt Resolutions Ayes Nays Connors Duggan Markham Michaiski Nicholson Buol Cline 4 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 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 Ayes Nays Connors Duggan Markham Michaiski Nichoison Buol Cline 5 11. Dubuque County Board of Supervisors Communication from Donna Smith, Chairperson of the Dubuque County Board of Supervisors, to Mayor Te~y Duggan regarding the Rock Is;and 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 Ba~ton 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 Riverwaik Fifth Addition as requested by the City of Dubuque. RESOLUTION /-~ ~ ~.~ Approving the final plat of R~verwalk 5t' 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 Ayes Nays Connors Duggan Markham Michalski Nicholson Buol Cline 6 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 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 /~Y~ ~-~ Granting the issuance of a Class 'C" Beer Permit to Kwik Stop Food Mart (4039 Pennsylvania Avenue) RESOLUTION ~/~c~ ~_~ 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 Ayes Nays Connom Duggan Markham Michalski Nicholson Buol Cline 7 ITEMS TO BE SET FOR PUBLIC HEARING 2. 2003 3. 4. Mediacom Franchise Extension - December 15, 2003 Tax Increment Revenue Bonds to Support Vessel Systems, Inc. - December 15, Southfork - Phase IV Connection Fees - January 5, 2003 Madison Street Sanitary Sewer Project- January 19, 2003 ~es Nays · · Connors / Duggan ~/ Markham ~Michalski ~ /~iicholson ~ auol /'/~ Cline 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 12/15103 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 /_/.~;~ ~ g2_~ 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 8 Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing t2115103 = 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 = Madison Street Sanitary Sewer Project City Manager recommending initiation of the bidding process for the Madison Street Sanitary Sewer Project and that a public headng be set for January 19, 2004. RESOLUTION RESOLUTION RESOLUTION Preliminary approval of plans and specifications Fixing date of hearing on plans and specifications Of Necessity RESOLUTION Necessity RESOLUTION RESOLUTION Setting date of hearing on the Resolution of Approving preliminary schedule of assessments Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 1119104 ~ BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: H.uman Rights Commission (Three/3-Year T~rms to Expire 1111e~./- Terms of Drur~me)r, Gmesen an.d. Jackson): ~ ~ /-~ /~ . D,#~~ Applicar)ts.~ Sarah A. DaqidjsqLft, Patricia F~r, Judith Haley ~ibsen, Evelyn E?,~}~kson, Robe~J~r, Marry O'Shea ~ ~ Appointments to the following Boards/Commissions: Environmental Stewardship Advisory Commission (One 3-Year Term to Expire 1011/05): Applicant: Wayne Klostermann ~ / Nays Connors Duggan ~i Markham ~-, Michalski // //~//Nicholson .~ ~' Buol Cline Housing Commission (One 3-Year Term to Expire 8117104): Applicant: Dorothy Schwendinger, OSF Aye~ Nays [///Connore "*' Duggan Markham Michalski //~licholson Buol Cline 10 PUBLIC HEARINGS SUSPEND THE RULES Nays (~///Connors Duggan Markham ~)Michalski Nicholson Buol Cline 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 /-~-' d2_~ 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 Resolution/~ ~yes Nays ~/~. Connors // Duggan // Markham // /-~Michalski ///~'/Nicholson 11 0 (~ 1 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 Distdct 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 ~P'~ 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 Distdct to CS Commercial Service and Wholesale District Suggested Disposition: Receive and File; Council; Motion B; Motion A~ ./ Nays Connors Duggan Markham .M.!chaiski N,cholson ,Buol ~Ay~, Nays ~_onnors Duggan Markham 12 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 headng 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- /~/' ~/x~, Connors' ~Duggan ~, /~ Markham ~-~ Michalski ~ ~) Nicholson ~ Buol ~/ Cline Ayes Nays Connors Duggan Markham Michalski Nicholson Buol Cline 13 m 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 jA~:~ ~ ~._~ Awarding contract to Portzen Construction Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Connors Duggan '/~ Markham / Michalski / *~ Nicholson / Buol // ~,JCline 14 Heritage Trail Extension Project from the Heron Pond Wetlands to the Dubuque Jayceos 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 Ayes Nays ~/, Connors ~// Duggan Markham ~..M.!chalski ~ ~/~/~ Nlcholson ~ Buol / /~j Cline REINSTATE THE RULES sNays Connors Duggan Markham ¥~ Michalski ~-~ Nicholson Buol Cline 15 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 Appointed Nays Connom //,~ Michalskl Nicholson Buol Cline 16 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 yes Nays Connors Duggan //' Markham ~ Michalski ~)~line 17 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 Ayes Nays *~ Connom Duggan Markham Michalski , Nicholson ~ Buol / cii.e 18 U.S. 20 Speed Umita 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 Nays ~/Connors Duggan Markham Michalski ~Nicholson ~/Buoi Cline Sm 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 yes Nays Connors // Duggan Markham /~ Michalski ~ ~Nicholson 19 = Noon Optimists - Flag Project City Manager recommending approval of a request from the Noon OPtimist Club (~f Dubuque to implement an "Avenue of Flags" project and fundraiser. ~ Suggested Disposition: Receive and File; Approve ,0 :q' ~/Connors '5/x Ouggan / Markham Q Michaiski Nichoison / · Buol / C,l.e Tax Increment Financing Annual Report City Manager submitting the annual Tax Increment Financing (TIF) Report, Suggested Disposition: Receive and File Nays Connors Duggan Markham .M.?halski N;cholson Buol ~) Cline 20 q:Ot Fiscal Year 2005 Policy Guidelines City Manager recommending approval of the Fiscal Year 2005 Policy Guidelines. Aye~ Nays / ~/Connom ~ ~Duggan ~// Markham ' Michalski Nicholson ~ _ Buol V/~ Cline 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 cleady. 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. 21