3 15 04 Agenda with Icons
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, MARCH 15,2004
INVOCATION
Msgr. David Wheeler, St. Mary's Catholic Church
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 2/26; 3/1 and 3/3; Civil Service Commission of 1/23 and 2/11;
Environmental Stewardship Advisory Commission of 3/2; Historic Preservation
Commission of 2/24; Housing Commission of 1/27; Human Rights Commission of 2/9;
Zoning Board of Adjustment of 2/25
Proof of publication of City Council Proceedings for 2/16 and 2/19
Printed Council Proceedings for month of December, 2003
Finance Director submitting the City of Dubuque Financial Reports for the month ending
February 29, 2004
Library Board of Trustees Update from the meeting of February 26, 2004
Suggested Disposition: Receive and File; Approve as Printed
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Oty COuncil of 3/1 City COuncil of 3/3 CIVil Service of 1/23 Civil Service of 2/11
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ESAC
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Human Rights HPC ZBA Proceedings Library Update
2.
Notice of Claims/Suits
Sarah J. Neis for vehicle damage; Mary Lou Ness vs. City of Dubuque, Iowa; St.
Columbkille Catholic Church for property damage
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
Corporation Counsel recommending settlement of the claim of St. Columbkille Catholic
Church for property damage and directing the Finance Department to issue payment.
Suggested Disposition: Receive and File; Concur; Finance Department to Issue
Payment
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Claim. Settied
3.
Citizen Communication
Communication from Connie Walsh, Administrative Director - Tri-State Pregnancy
Center, regarding a sewer lateral break under the street at their business and
requesting financial aid.
Communications from the City Manager in response to the above request from Connie
Walsh, Tri-State Pregnancy Center.
Suggested Disposition: Receive and File
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Tri-State Ltr
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cp2 Application
MVM Ltr of 3/4
MVM Ltr of 3/9
4.
Iowa Department of Inspections and Appeals
City Manager recommending approval of an Interagency 28E Agreement between the
City of Dubuque and the Iowa Department of Inspections and Appeals for the
performance of investigations in the Section 8 rental assistance program.
Suggested Disposition: Receive and File; Approve
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Section 8 - MVM
Memo
Section 8 - Staff
Memo
28E Agreement
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5.
Delbert Miller - Carter Road Detention Basin
Corporation Counsel advising that negotiations for property necessary for the
construction of the Carter Road Detention basin have not been successful and
recommending that the City commence with eminent domain proceedings.
Communication from Brian J. Kane, representing Del Miller, regarding the City's
proposed eminent domain proceedings for acquisition of the necessary property.
RESOLUTION Authorizing the acquisition by eminent domain of certain real property
owned by Delbert G. Miller in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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D Miller' Kane Ltr
D Miller - BAL Ltr
D Miller - Resolution
6.
Larry Miller - Carter Road Detention Basin
Corporation Counsel advising that negotiations for an easement necessary for the
construction of the Carter Road Detention basin have not been successful and
recommending that the City commence with eminent domain proceedings.
Communication from Brian J. Kane, representing Larry Miller, regarding the City's
proposed eminent domain proceedings for acquisition of the necessary easement.
City Manager response to concems expressed in communication from Brian J. Kane.
RESOLUTION Authorizing the acquisition by eminent domain of certain real property
owned by Larry W. and Kathy F. Miller in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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L Miller - Kane Ltr
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L Miller - BAL Ltr
L Miller - Resolution
Response. MVM
Memo
Response-Staff
Memo
7.
Miller-Riverview Park Management Agreement
City Manager recommending approval of a management agreement with Pat Felderman
for Miller-Riverview Park.
Suggested Disposition: Receive and File; Approve
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Mgmt Agr - MVM
Memo
Mgmt Agr - Staff
Memo
Mgmt Agreement
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8.
Civil Service Commission
Civil Service Commission submitting the certified list for the position of Solid Waste
Agency Administrator and Cashier.
Suggested Disposition: Receive and File; Make a Matter of Record
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Solid Waste Admin
Ltr
Cashier Ltr
9.
John F. Kennedy Road Reconstruction - Final Assessments
City Manager recommending approval of the final assessment schedule for the John F.
Kennedy Road Reconstruction Project.
RESOLUTION Adopting the final assessment schedule for the John F. Kennedy Road
reconstruction Project (Spring Valley Road to Barony Drive) including certain
information required by the Code of Iowa, specifically, the number of annual
installments into which assessments are divided, the interest on all unpaid installments,
the time when the assessments are payable and directing the Clerk to certify the final
schedule and to publish notice thereof
Suggested Disposition: Receive and File; Adopt Resolution
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JFK - MVM Memo
JFK - Staff Memo
JFK - Resolution
JFK Assessments
10.
Establishment of Fair Market Value - Auto Glass Center
City Manager recommending approval of the establishment of the fair market value of
three properties currently owned by Elm Real Estate, LC (Auto Glass Center) that are
needed as right-of-way for the realignment of University Avenue.
RESOLUTION Establishing fair market value for the acquisition of certain real property
owned by Elm Real Estate, LC in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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Fair Value' Map
Value - MVM Memo
Value - Staff Memo
Value-Resolution
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11.
12.
13.
14.
Dubuque Industrial Center West - Chavenelle Drive Repair Work
City Manager recommending acceptance of the $8,400 settlement from McAninch
Corporation to pay part of the costs of the repairs needed to Chavenelle Drive in
Dubuque Industrial Center West.
Suggested Disposition: Receive and File; Approve
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DICW - MVM Memo
Drcw - BAL Ltr
Rehabilitation of 1195 Thomas Place
City Manager recommending approval of an agreement with Anna Kim, the new owner
of 1195 Thomas Place, extending the deadline to complete repairs required for
installation of City sanitary sewer to April 1 , 2005, and putting the agreement in her
name.
Suggested Disposition: Receive and File; Approve
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Thomas Place - MVM
Memo
Thomas Place - Staff
Memo
Anna Kim Agreemenl
2004 - 2005 Deer Management Plan
City Manager recommending continuation of the Urban Deer Management Plan for the
2004 - 2005 season as was conducted this year, along with the changes in the any sex
tag incentive.
Suggested Disposition: Receive and File; Approve
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Deer Plan - MVM
Memo
Deer Plan' Staff
Memo
Deer Plan
Aertal Survey
Deer Graph
Mercy Health Center Banners
City Manager recommending approval of a request from Mercy Health Center to install
banners on City right-of-way that commemorate 125 years of service to the community.
Suggested Disposition: Receive and File; Approve
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Mercy - Request Ltr
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Banner Drawing
Mercy - MVM Memo
Mercy - Staff Memo
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15.
Cedar Crest Subdivision - Preliminary Plat
Zoning Advisory Commission recommending approval of the preliminary plat of Cedar
Crest Subdivision located at 15547 Route 20 West in Dubuque County.
Suggested Disposition: Receive and File; Approve
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Cedar Crest -
Application
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Cedar Crest - Plat
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Cedar Crest - Vicinity
Map
Cedar Crest - ZAC
Ltr
Cedar Crest. Staff
Report
16.
Kopps John F. Kennedy Addition No.2 - Correction Plat
Zoning Advisory Commission recommending approval of the correction plat of Kopps
John F. Kennedy Addition No.2 as requested by Flint Drake/Kopp Family Investments,
loP.
RESOLUTION Approving the final plat of Kopps John F. Kennedy Addition No.2 in the
City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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Kopp - ZAC Ltr Kopp - Application Kopp - Vicinity Map Drake Ltr Kopp . Correction
Plat
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Kopp - Plat Kopp. Staff Memo Kopp - Resolution
17.
land and Water Conservation Fund (LWCF) Grant
City Manager recommending approval of a grant application to the Iowa Department of
Natural Resources for a Land and Water Conservation Fund (LWCF) grant in the
amount of $125,000 for construction of Pyatigorsk Park.
RESOLUTION Authorizing a grant application to the Iowa Department of Natural
Resources for Federal Land and Water Conservation Funds for the development of
Pyatigorsk Park
Suggested Disposition: Receive and File; Adopt Resolution
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Pyatigorsk - MVM Pyatigorsk - Staff LWCF Grant Pyatigorsk Park Pyatigorsk -
Memo Memo Application Resolution
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LWCF Project
Proposal
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18.
19.
20.
Demolition Request
Historic Preservation Commission recommending approval of a request to demolish a
structure at 300 Iowa Street (former United Rental Building) at the request of the City of
Dubuque.
Suggested Disposition: Receive and File; Approve
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300 rowa .
Application
300 rowa (Back)
300 rowa - ZAC Ltr
300 rowa. Staff
Report
300 rowa (Front)
First Amendment - Southwest Arterial Design Agreement
City Manager recommending approval of the First Amendment to the agreement
between the City of Dubuque, Dubuque County and the Iowa Department of
Transportation for the completion of an addendum to the 1999 Southwest Arterial
Environmental Assessment and approval of an additional payment of $73,540 for a total
contract amount of $667,530.
RESOLUTION Approving First Amendment to an agreement between the City of
Dubuque, Dubuque County, and the Iowa Department of Transportation for the
completion of the addendum for the 1999 Southwest Arterial Environmental
Assessment
Suggested Disposition: Receive and File; Adopt Resolution
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Artertal - Amendmenl
Arterial. MVM Memc
Artertal - Staff Memo
Arterial - Resolution
Historic Preservation Grant and Staffing Recommendation
City Manager recommending acceptance of a Certified Local Government (CLG) Grant
Agreement with the State Historical Society of Iowa to conduct Phase V of the
architectural/historic survey of the community and authorizing the hiring of ECIA to
provide GIS support.
RESOLUTION Approving a Certified Local Government (CLG) Grant Agreement to
conduct an architectural/historic survey
Suggested Disposition: Receive and File; Adopt Resolution
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Architectural
Historical Survey
Grant - MVM Memo
Grant - Staff Memo
Grant - Resolution
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21.
22.
23.
24.
Deed of Gift of Artwork for Grand River Center
City Manager recommending acceptance of a Deed of Gift recognizing the donation of
artwork by Kay Norman and the conditions on the gift.
Suggested Disposition: Receive and File; Approve
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Gift - MVM Memo
Gift - Staff Memo
Deed of Gift
Application for Homeownership Assistance Funds
City Manager recommending approval of the City's sponsorship of an application to the
Federal Home Loan Bank (FHLB) for Affordable Housing Program funds to assist
income-qualifying families to purchase a home.
RESOLUTION Authorizing sponsorship of an application to the Federal Home Loan
Bank of Des Moines for Affordable Housing Program funds
Suggested Disposition: Receive and File; Adopt Resolution
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FHLB - MVM Memo
FHLB - Staff Memo
FHLB - Resolution
Fringe Area Policy Agreement
Communication to the Dubuque County Board of Supervisors regarding the adoption of
the Fringe Area Policy Agreement.
Suggested Disposition: Receive and File
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Fringe Area Ltr
lead Hazard Reduction Program Contract
City Manager recommending approval of an amended contract with the US Department
of Housing and Urban Development (HUD) for administration of the Lead Hazard
Reduction Program.
Suggested Disposition: Receive and File; Approve
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Amended COntract
Contract - MVM
Memo
COntract - Staff
Memo
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25.
Business Licenses
RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Ground
Round, Bunker Hill Golf Course, Yardarm Restaurant, and Days Inn
RESOLUTION Granting the issuance of a Class "B" Beer (6 Month License) to Baseball
Dreamers
Suggested Disposition: Adopt Resolutions
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Resoiution #1
Resolution #2
ITEMS TO BE SET FOR PUBLIC HEARING
1.
Utility Franchise Agreement with Maquoketa Valley Electric Cooperative
City Manager recommending that a public hearing be set for April 5, 2004 to consider a
Utility Franchise Agreement with Maquoketa Valley Electric Cooperative to be effective
May 1, 2004.
RESOLUTION Setting the date for the public hearing on the Utility Franchise
Agreement with Maquoketa Valley Electric Cooperative
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
4/5/04
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MVEC - MVM Memo MVEC - Staff Memo MVEC . Resolution MVEC Letter MVEC - Ordinance
2.
Amendment to Utility Franchise Agreements with Aquila and Alliant Energy
City Manager recommending that a public hearing be set for April 5, 2004 to consider
approval of an amendment to the Utility Franchise Agreements with Aquila and Alliant
Energy to provide that the franchise fee applies to all sales of gas or electricity to
residential customers regardless of sales tax exemptions.
RESOLUTION Setting the date for the public hearing on an amendment to the franchise
agreement between the City of Dubuque, Iowa and Aquila
RESOLUTION Setting the date for the public hearing on an amendment to the franchise
agreement between the City of Dubuque, Iowa and Alliant Energy
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
4/5/04
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Amendments - MVM Amendments - Staff Amendments - Gas Amendmenet - Elec Amendment -
Memo Memo Resolutions Ordinance Ordinance
3.
loras Boulevard Historic Lighting - Initiate
City Manager recommending initiation of the public bidding process for the Loras
Boulevard Historic Lighting Project and that a public hearing be set for April 5, 2004.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Setting date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
4/5/04
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Loras . Vicinity Map
Lighting Location
Map
Loras - MVM Memo
Loras - Staff Memo
Loras - Resolutions
4.
Westbrook Subdivision Water Main and Service Line Extension Project - Phase I
City Manager recommending initiation of the public bidding process for the Westbrook
Subdivision Water Main and Service Line Extension Project and that a public hearing be
set for April 19, 2004.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Setting date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
4/19/04
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Westbrook - MVM
Memo
Westbrook - Staff
Memo
Westbrook'
Resolutions
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BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Environmental Stewardship Advisory Commission (One 3-Year Unexpired Term
Through 10/1/05)
Applicant: Sr. Mary Clare O'Toole
Zoning Board of Adjustment (One 5-Year Term Through 3/25/09 - Term of Gasper)
Applicant: William M. Gasper
Appointments to the following Boards/Commissions:
Community Development Advisory Commission (One 3-Year Term Through 2/15/07 from
low/Moderate Income Area):
Applicant: Michael Gukeisen
Housing Code Appeals Board (One Unexpired 3-Year Term Through 1/11/06)
Applicant: Thomas G. Swift
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Bd and COmm List Overview Sheet ESAC Application ZBA Application CDAC Application Hsg Code Bd
Application
PUBLIC HEARINGS
SUSPEND THE RULES
1.
Buesing & Associates, Inc./Tim Quagliano - Request to Rezone
Proof of publication on notice of hearing to rezone property at the northeast corner of
Asbury Road and the Northwest Arterial from AG Agricultural District to C-3 General
Commercial District and Zoning Advisory Commission recommending approval.
ORDINANCE Amending Appendix A (the Zoning Ordinance) by reclassifying property
located at the northeast corner of Asbury Road and the Northwest Arterial from AG
Agricultural District to C-3 General Commercial District
Suggested Disposition: Receive and File; Motion B; Motion A
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Quagliano -
Application
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Vicinity Map Quagliano - Staff Quagliano - Quagliano. Zoning
Report Ordinance Plan
Quagliano - ZAC Ltr
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C-3 Uses
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2.
South Grandview Avenue - Request to Vacate
Proof of publication on notice of hearing to consider a request from six property owners
for the vacating of the northerly portion of an alley west of South Grandview Avenue
between Altman Street and Whelan Street and City Manager recommending approval.
RESOLUTION Approving plats of the northerly portion of proposed vacated alley west
of South Grandview Avenue between Altman Street (a/k/a St. Joseph Street) and
Whelan Street
ORDINANCE Vacating the northerly portion of the alley west of South Grandview
Avenue between Altman Street (a/k/a St. Joseph Street) and Whelan Street
RESOLUTION Disposing of City interest in Lots 8A, 9A, 10A, 17 A and 20A of Grand
View Place and Lot 1A of South Grandview Place, Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A
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S Grandview - MVM S Grandview. Staff S Grandview - S Grandview - S Grandview-
Memo Memo Resolution #1 Ordinance Resolution #2
Material from March 1, 2004 Meeting
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S Grandview - MVM S Grandview - Staff S Grandview-
Memo Memo Resolution
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Grandview - Plats
Grandview - Vicinity Grandview - Ltrs
Map
3.
Seward Street - Request to Vacate
Proof of publication on notice of hearing to consider a request from Gerald and Christine
Penhollow to vacate Sac Street and two alleys north of Seward Street in C.H. Meyer's
Addition and City Manager recommending approval.
RESOLUTION Approving plat of proposed vacated Sac Street and two alleys north of
Seward Street in C.H. Meyer's Addition
ORDINANCE Vacating Sac Street and two alleys north of Seward Street in C.H.
Meyer's Addition
RESOLUTION Disposing of City interest in Lot 13A, Lot 16A, and Lot 20A in C.H.
Meyer's Addition, Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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Seward - MVM Memc Seward. Staff Memo
Seward - Resolution
#1
Seward - Ordinance
Seward - Resolution
#2
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Material from March 1, 2004 Meeting
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Penhollow Ltr
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Vicinity Map
Seward - MVM Memc
Seward - Staff Memo
Seward - Resolution
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Seward - Plat
4.
Utility Easement - Carter Road Detention Basin
Proof of publication on notice of hearing to consider the vacating of a utility easement in
the area of the embankment for the Carter Road detention facility to ensure the
structural integrity of the embankment.
RESOLUTION Disposing of interest and vacate a utility easement over Lot 2 of Whites
Place in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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Easement - MVM
Memo
Easement. Staff
Memo
Easement -
Resolution
Release of Easement
Material from March 1, 2004 Meeting
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Easement - Vicinity
Map
Easement - MVM
Memo
Easement-Staff
Memo
Easement -
Resolution
Release of Easement
REINSTATE THE RULES
ACTION ITEMS
1.
Boulder Slide of Eagle Point Bluff
Communication from Carol Sula and Charles Winterwood, M.D., requesting that the City
Council direct the City Manager and staff to investigate the latest boulder slide at Eagle
Point Bluff.
Suggested Disposition: Receive and File; Council
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Sutton Ltr
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2.
Presentation of Addy Award
City Manager advising that the logo design for the Grand River Center, created by
McCullough Creative Group and the City's Logo Design Committee, recently took first
place in the Elements of Advertising/Logo category of the local American Advertising
Federation competition, commonly known as the Addy Awards.
Logo Design Committee to present the Addy Award to the City of Dubuque.
Suggested Disposition: Receive and File
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McCullough Ltr
Addy - MVM Memo
Addy - Staff Memo
3.
East 9th and East 11th Street Connector
Zoning Advisory Commission recommending approval of the renaming of the connector
between East 9th and East 11th Streets to Elm Street as requested by the City of
Dubuque.
ORDINANCE Naming a roadway designated as West 911 Connector from East 9th
Street to East 11th Street to Elm Street
Suggested Disposition: Receive and File; Motion B; Motion A
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Street - ZAC Ltr Street - Staff Memo Street - Ordinance Street - Exhibit A
4.
Warehouse Demolition District
Historic Preservation Commission recommending approval of the establishment of a
Warehouse Neighborhood Demolition District.
ORDINANCE Amending Chapter 11 (Building Regulations) of the City of Dubuque
Code of Ordinances by amending Section 11-4(a) by creating the Warehouse
Neighborhood Demolition District
Suggested Disposition: Receive and File; Motion B; Motion A
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Warehouse
Demolition Area
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District-Map
District - HPC Ltr
Distrtct - Ordinance
Warehouse -
rnventory Form
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District-Additional
Material
HPC Minutes - June
HPC Minutes - July
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5.
Alexander Company - Draft Agreement
City Manager recommending approval of a one-year lease agreement with Alexander
Company for development of the former Dubuque Star Brewery Building.
RESOLUTION Approving a lease agreement and loan agreement for the former Star
Brewery between the City of Dubuque, Iowa and Historic Star Redevelopment LLC
Suggested Disposition: Receive and File; Adopt Resolution
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Brewery - MVM
Memo
Brewery - Staff
Memo
Brewery - Resolution
Lease Agreement
6.
Miller & Van Eaton and CBG Communications - Cable Franchise Renewal
City Manager recommending that the City execute letters of engagement with the Miller
& Van Eaton law firm and CBG Communications, Inc. to expand the scope of their
services with regard to the cable franchise renewal process.
Suggested Disposition: Receive and File; Approve
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CBG Ltr
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Miller & Van Eaton Lt
Cable - MVM Memo
Cable - Staff Memo
7.
Cable Franchise Fee Payment Analysis
City Manager recommending approval of a contract with Lewis & Associates of
Hollywood, Florida, to conduct an analysis of Mediacom's franchise fee payments to the
City of Dubuque for calendar years 2002 and 2003.
Suggested Disposition: Receive and File; Approve
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Fee Analysis - MVM Fee Analysis. Staff Lewis Proposal
Memo Memo
8.
Fremont Avenue Reconstruction
City Manager recommending award of the contract for the Fremont Avenue
Reconstruction Project to WC Stewart Construction Co., in the amount of $739,421.63.
RESOLUTION Awarding contract to WC Stewart Construction Co.
Suggested Disposition: Receive and File; Adopt Resolution
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Fremont - MVM
Memo
Fremont. Staff
Memo
Fremont. Resolution
Fremont - Bid Tab
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9.
Fiscal Year 2005 Budget - Fee Ordinances
City Manager recommending adoption of two ordinances that were inadvertently left off
of the agenda for the Fiscal Year 2005 Budget public hearing.
ORDINANCE Amending the City of Dubuque Code of Ordinances Section 44-202 Fire
Sprinkler Service
ORDINANCE Amending Section 32-337 of the City of Dubuque Code of Ordinances
Parking Meters Fee Schedule
Suggested Disposition: Receive and File; Motion B; Motion A
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Ordinances - MVM
Memo
Ordinances' Staff
Memo
Sprinkler Ordinance
Parking Meter
Ordinance
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.
CLOSED SESSION
Pending Litigation - Chapter 21.5(1 )(c) 2003 Code of Iowa
Jeanne F. Schneider
March 11,2004
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