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
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/;)Buol
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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
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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
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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
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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
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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
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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
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Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
t2115103
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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
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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
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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
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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
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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
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~-~ Michalski
~ ~) Nicholson
~ Buol
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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
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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
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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
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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.
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