4 5 04 Agenda No Icons
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, APRIL 5, 2004
INVOCATION
Sr. Paula Meloy
PROCLAMATIONS
Fair Housing Month (April, 2004)
Community Development Week (April 12 -18, 2004)
Make-A-Wish Week (April 18 - 24,2004)
Poppy Day (May 1, 2004)
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
Airport Commission of 2/23 and 3/22; Cable TV Regulatory Commission of 3/10; City
Conference Board of 2/17; City Council of 3/15; Community Development Advisory
Commission of 3/10; Five Flags of 2/16; Housing Code Appeals Board of 1/20 (as
amended) and 2/17; Housing Commission of 2/24; Housing Commission Trust Fund of
3/11; Long Range Planning Advisory Commission of 3/17; Plumbing Board of 3/16;
Transit Board of 3/11; Zoning Advisory Commission of 3/2
Printed Council Proceedings for January, 2004
Proofs of publication of City Council meetings of 2/23, 2/24, 3/1, 3/3 and 3/15
Suggested Disposition: Receive and File; Approve as Printed
2. ' Notice of Claims/Suits
Del Banowetz for vehicle damage; Marilyn Campbell for vehicle damage; Mary Criss for
personal injury to Demond Criss; Carol J. Eberlein for vehicle damage; Marguerite
Martin for personal injury and vehicle damage; Thomas J. Mueller for personal injury
and vehicle damage; James A. Daniel vs. Peninsula Gaming Company, LLC, City of
Dubuque, and Fischer Excavating, Inc.
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
Corporation Counsel advising that the following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Del
Banowetz for vehicle damage; Mary Criss for personal injury to Demond Criss; Carol
Eberlein for vehicle damage; Marguerite Martin for personal injury/vehicle damage;
Thomas Mueller for personal injury/vehicle damage
Corporation Counsel recommending settlement of the claim of Marilyn Campbell for
vehicle damage and Sarah Neis for vehicle damage and directing the Finance
Department to issue payment.
3.
Suggested Disposition: Receive and File; Concur; Finance Department to Issue
Payment
City Development Board
Ruling on Motion to Dismiss from the City Development Board in the matter of the
voluntary annexation of the City of Asbury within the urbanized area of the City of
Dubuque.
4.
Suggested Disposition: Receive and File
Dubuque Golf and County Club
Communication from Richard Bugalski, General Manager of the Dubuque Golf and
Country Club, requesting permission to display fireworks on July 4, 2004 on the
Dubuque Golf and Country Club grounds.
5.
Suggested Disposition: Receive and File; Approve
Lease Agreement with Tri-State Modelers
City Manager recommending approval of a three-year lease agreement with the Tri-
State Modelers for a section of the former Roosevelt Park.
Suggested Disposition: Receive and File; Approve
6.
Target Grant Application
City Manager recommending approval of a grant application to the Target Corporation
in the amount of $1,149 for a laptop computer for use by the Community Oriented
Policing program.
Suggested Disposition: Receive and File; Approve
7.
Development Agreement for Westbrook Subdivision
City Manager recommending approval of a development agreement with Callahan
Construction, Inc. for development of affordable single-family housing in the Westbrook
Subdivision.
Suggested Disposition: Receive and File; Approve
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8.
9.
10:
Memorandums of Understanding with the Visiting Nurse Association and United
Clinical Laboratories
City Manager recommending approval of an agreement with the Visiting Nurse
Association and United Clinical Laboratories to provide HUD lead grant-related
services.
Suggested Disposition: Receive and File; Approve
Legislative Correspondence
Communication from the City Manager to area legislators urging their opposition to SF
2297 and HSB718 - Property Tax Limitation Bills, SF2298-Appropriations Bill
Regarding Property Tax Credits, and HSB727 - Department of Revenue Technical
Corrections Bill.
Communication from the City Manager to area legislators urging their support of any
amendments to SSB3169, the Appropriations Bill, which would remove a reference in
Section 227 that would force cities to absorb the $20 million shortfall in State
reimbursement of property tax credits and support of Amendment #216 which reinstates
Iowa Code Section 25B.7.
Communication from the City Manager to area senators encouraging them to vote
against SSB3168, the property tax limitation bill.
Communication from the Mayor to Congressman Jim Nussle thanking him for identifying
the IA 32 (Southwest Arterial) and the US 20 Julien Dubuque Bridge as projects to be
included in the new transportation authorization bill.
Suggested Disposition: Receive and File
Wartburg Place Reconstruction Project
City Manager recommending approval of the Final Assessment Schedule for the
Wartburg Place Reconstruction Project.
RESOLUTION Adopting the final assessment schedule for the Wartburg Place
Reconstruction Project 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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15.
White Street Reconstruction Project
City Manager recommending approval of the Final Assessment Schedule for the White
Street Reconstruction Project.
RESOLUTION Adopting the final assessment schedule for the White Street
Reconstruction Project 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
Assignment of CIGNA Agreements to Prudential
City Manager recommending approval of a Memoranda of Understanding and
Assignment and Assumption of the Enterprise Zone and Development Agreements for
the assignment of CIGNA Agreements to Prudential Financial, Inc.
RESOLUTION Approving a Memorandum of Understanding between the City of
Dubuque, Iowa and Prudential Insurance Company of America for the assignment of an
Enterprise Zone Agreement among the City of Dubuque, the State of Iowa and CIGNA
Retirement Benefits Services from CIGNA Retirement Benefits Services to Prudential
Insurance Company of America and approving the assignment of such Enterprise Zone
Agreement; and approving a Memorandum of Understanding between the City of
Dubuque, Iowa and Prudential Insurance Company of America for the assignment of a
Development Agreement between the City of Dubuque, and CIGNA Retirement Benefits
Services from CIGNA Retirement Benefits Services to Prudential Insurance Company of
America and approving the assignment of such Development Agreement
Suggested Disposition: Receive and File; Adopt Resolution
Purchase of Service Agreement with St. Stephen's Food Bank
City Manager recommending approval of a Purchase of Service Agreement with St.
Stephen's Food Bank in the amount of $500 for the Deer Management Food Program.
Suggested Disposition: Receive and File; Approve
Purchase of Service Agreement with Project Concern, Inc. - Foster Grandparent
Program
City Manager recommending approval of a Purchase of Service Agreement with Project
Concern, Inc. in the amount of $5,435 for the Foster Grandparent Program.
Suggested Disposition: Receive and File; Approve
Purchase of Service Agreement with the Retired and Senior Volunteer Program
City Manager recommending approval of a Purchase of Service Agreement with the
Retired and Senior Volunteer Program in the amount of $7,341.
Suggested Disposition: Receive and File; Approve
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21.
22.
Purchase of Service Agreement with Project Concern, Inc. - Information and
Referral and Child Care Referral
City Manager recommending approval of a Purchase of Service Agreement with Project
Concem, Inc. in the amount of $24,339 for the Information and Referral Program plus a
payment of $8,576 for the Child Care Referral Program.
Suggested Disposition: Receive and File; Approve
Purchase of Service Agreement with Operation: New View
City Manager recommending approval of a Purchase of Service Agreement with
Operation: New View in the amount of $16,708.
Suggested Disposition: Receive and File; Approve
Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc.
City Manager recommending approval of a Purchase of Service Agreement with
Helping Services of Northeast Iowa, Inc. in the amount of $1 ,964.
Suggested Disposition: Receive and File; Approve
Purchase of Service Agreement with Greater Dubuque Development Corporation
City Manager recommending approval of a Purchase of Service Agreement with
Greater Dubuque Development Corporation in the amount of $127,500 including
$87,500 for economic development services and $40,000 for marketing of the City's
industrial parks.
Suggested Disposition: Receive and File; Approve
Purchase of Service Agreement with Dubuque Main Street, Ltd.
City Manager recommending approval of a Purchase of Service Agreement with
Dubuque Main Street, Ltd in the amount of $43,966.
Suggested Disposition: Receive and File; Approve
Purchase of Service Agreement with Dubuque Area Lifetime Center
City Manager recommending approval of a Purchase of Service Agreement with
Dubuque Area Lifetime Center in the amount of $20,000.
Suggested Disposition: Receive and File; Approve
Purchase of Service Agreement with Dubuque Area Labor Management Council
City Manager recommending approval of a Purchase of Service Agreement with
Dubuque Area Labor Management Council in the amount of $15,051.
Suggested Disposition: Receive and File; Approve
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25.
26.
27.
28.
Purchase of Service Agreement with the Dubuque Area Chamber of Commerce
Convention and Visitors Bureau
City Manager recommending approval of a Purchase of Service Agreement with the
Dubuque Area Chamber of Commerce Convention and Visitors Bureau in the amount of
$554,705.
Suggested Disposition: Receive and File; Approve
Purchase of Service Agreement with Washington Neighborhood Tool Library
City Manager recommending approval of a Purchase of Service Agreement with the
Washington Neighborhood Tool Library in the amount of $15,500.
Suggested Disposition: Receive and File; Approve
Purchase of Service Agreement with Substance Abuse Services Center
City Manager recommending approval of a Purchase of Service Agreement with
Substance Abuse Services Center in the amount of $12,390.
Suggested Disposition: Receive and File; Approve
Alliant Energy
Notice of proposed rate increase from Alliant Energy.
Communication of the City Manager to the Iowa Utilities Board regarding the rate
increase requested by Interstate Power and Light Company (Alliant Energy Company).
Suggested Disposition: Receive and File; Approve
Parking Ramp Structural Analysis Request for Proposals
City Manager recommending approval of the issuance of a Request for Proposals to
solicit qualified firms to perform a complete structural analysis of the Iowa Street and the
Locust Street Parking Ramps.
Suggested Disposition: Receive and File; Approve
Greater Downtown Urban Renewal District
Communication from the Long Range Planning Advisory Commission advising that the
Commission has reviewed the Urban Renewal Plan for the Greater Downtown Urban
Renewal District and finds it to be consistent with the Comprehensive Plan and
recommends City Council approval.
Suggested Disposition: Receive and File
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30.
31.
32.
33.
34.
Historic Preservation Revolving Loan Fund and Historic Preservation Homeowner
Grant Programs
Communication from the Historic Preservation Commission recommending City Council
approval of amendments to the Historic Preservation Revolving Loan Fund and Historic
Preservation Homeowners Grant Programs.
Suggested Disposition: Receive and File; Approve
Continuum of Care Program
City Manager recommending approval of an application to the US Department of
Housing and Urban Development (HUD) for renewal of funding under the Continuum of
Care Program for homeless assistance.
Suggested Disposition: Receive and File; Approve
Mediacom
Submission of the 2003 Annual Report of Mediacom.
Suggested Disposition: Receive and File
Mississippi Riverwalk Phase II and Amenities Project
City Manager recommending acceptance of the construction contract for the Mississippi
Riverwalk Phase II and Amenities Project as completed by Portzen Construction in the
final contract amount of $3,783,606.08.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Peninsula Gaming Lease Agreement for Patio Area
City Manager recommending approval of a lease agreement with Peninsula Gaming for
the lease of the patio area adjacent to the Portside Building for the 2004 season.
Suggested Disposition: Receive and File; Approve
Business Licenses
RESOLUTION Granting the issuance of a Class "C" Beer Permit to Plaza 20 Amoco
RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to A & B Tap,
Salsa's Mexican Restaurant, Loras College, Whiskey River, Neighbor's Tap, Marco's
Italian American Food, Noonan's Tap, and the Busted Lift; Class "C" Beer/Liquor
License (6 Month) to Sugar Ray's; Class "B" (WB) Wine Permit to Carroll's Wine
Company; Special Class "C" (BW) Liquor License to Mississippi Mug; and Class "B"
Native Wine Permit to National Mississippi River Museum
Suggested Disposition: Adopt Resolutions
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ITEMS TO BE SET FOR PUBLIC HEARING
1.
Operations and Service Center Construction Project - Initiate
City Manager recommending initiation of the public bidding process for the Operations
and Service Center Construction Project and that a public hearing be set for May 17,
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
5/17/04
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commission:
TV Cable Community Teleprogramming Commission: Two 3-Year Unexpired Terms
Through 6/30/06)
Applicant: Marie Araeipour
Appointments to the following Board/Commission:
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
PUBLIC HEARINGS
SUSPEND THE RULES
1.
Utility Franchise Agreement with Maquoketa Valley Electric Cooperative
Proof of publication on notice of hearing to consider a Utility Franchise Agreement with
Maquoketa Valley Electric Cooperative to be effective May 1, 2004 and City Manager
recommending approval.
ORDINANCE Granting to Maquoketa Valley Electric Cooperative, its successors and
assigns, a nonexclusive authority to maintain and operate its existing electrical system
and construct extensions thereto within the limits of the City of Dubuque, Iowa, including
any territory which may be annexed thereto during the term of this franchise to the
extent any such territory is within the exclusive service territory of the company under
Iowa Code Chapter 476 (or its successor), and including the right to erect and maintain
all necessary facilities and equipment in, under, upon, over, across and along the
streets, alleys, bridges and other similar public places within the city for the production,
transmission, distribution and sale of electric power, and prescribing terms and
conditions under which the company is to operate
Suggested Disposition: Receive and File; Motion B; Motion A
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2.
Amendment to Utility Franchise Agreements with Aquila and Alliant Energy
Proof of publication on notice of hearing 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 and City Manager recommending approval.
ORDINANCE Amending Ordinance No. 58-03 Establishing a franchise fee of two
percent (2%) of the gross revenue of Interstate Power Company, its successors and
assigns, generated from the sale of electricity within the City of Dubuque
ORDINANCE Amending Ordinance No. 59-03 Establishing a franchise fee of two
percent (2%) of the gross revenue of Peoples Natural Gas Company, its successors
and assigns, generated from the sale of natural gas or mixed gas within the City of
Dubuque
Suggested Disposition: Receive and File; Motion B; Motion A
3.
Loras Boulevard Historic Lighting
Proof of publication on notice of hearing and notice to bidders and City Manager
recommending award of the contract for the Loras Boulevard Historic Lighting Project to
Westphal & Company, Inc., in the amount of $11 0,338.68.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract
4.
Suggested Disposition: Receive and File; Adopt Resolutions
Flood Hazard Mitigation Demolition Project - Phase II
Proof of publication on notice of hearing and notice to bidders and City Manager
recommending award of the contract for the Flood Hazard Mitigation Demolition Project
- Phase II to Top Grade Excavating, Inc., in the amount of $18,384.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract
Suggested Disposition: Receive and File; Adopt Resolutions
REINSTATE THE RULES
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ACTION ITEMS
1.
Dubuque Humane Society
Communication from Jane McCall, Dubuque Humane Society, regarding the Purchase
of Service Agreement between the City and the Dubuque Humane Society and
requesting an increase in the amount.
City Manager responding to the request of the Dubuque Humane Society and asking
that the issue be referred to staff.
Suggested Disposition: Receive and File; Refer to the City Manager
2.
Dubuque Nursery and Landscaping - UDAG Loan
City Manager recommending approval of a $20,000 UDAG Loan to Dubuque Nursery
and Landscaping, a new nursery and landscaping business, for the purchase and
renovation of the former Hopper's Nursery on Jackson Street.
RESOLUTION Approving loan agreement with Dubuque Nursery and Landscape
3.
Suggested Disposition: Receive and File; Adopt Resolution
Port of Dubuque Remediation Contract
City Manager recommending approval of a contract with Terracon as the environmental
design and remediation consultant for petroleum cleanup in the Port of Dubuque.
RESOLUTION Confirming selection of Terracon to provide environmental design and
remediation services for petroleum cleanup in the Port of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
4.
Dubuque Racing Association
City Manager recommending approval of the new expansion plan for the City-owned
Dubuque Greyhound Park and Casino.
Suggested Disposition: Receive and File; Approve
5.
Transit Alternatives Analysis
City Manager recommending approval of the selection of the "no-build" alternative that
includes the implementation of the two diesel-powered American Heritage Streetcars to
provide a better transit link between the Port of Dubuque and the downtown area.
Suggested Disposition: Receive and File; Approve
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6.
7.
Parking Meter Ordinance
City Manager recommending approval of an amendment to the Code of Ordinances
Section 32-337 allowing for a forty-minute time limit on parking meters.
ORDINANCE Amending Section 32-337 Parking fee schedule of the City of Dubuque
Code of Ordinances
Suggested Disposition: Receive and File; Motion B; Motion A
Fire Lane Violations
City Manager recommending approval of an amendment to the Code of Ordinances to
better define fire lane locations and to increase the violation fine to $50.00.
ORDINANCE Amending City of Dubuque Code of Ordinances Section 32-269 Fire
Lanes, authorizing the Fire Chief to designate fire lanes, prohibiting obstruction of fire
lanes, providing for signs and markings of fire lanes, and establishing a penalty for
violations thereof; amending City of Dubuque Code of Ordinances Section 32-279
Parking Violations by adding thereto Paragraph (9) Fire Lane Violation
Suggested Disposition: Receive and File; Motion B; Motion A
8.
Local Non-Law Enforcement Criminal History Records
City Manager recommending approval of an amendment to the Code of Ordinances
Section 38-31 Services Charges by adding the requirement of a service charge of $10
for a non-law enforcement local criminal history record request.
ORDINANCE Amending the City of Dubuque Code of Ordinances Section 38-31
Service Charges by adding a service charge for a non-law enforcement local criminal
history record
Suggested Disposition: Receive and File; Motion B; Motion A
9.
Certificate of Occupancy Standards
City Manager recommending approval of an amendment to the Code of Ordinances by
adding a requirement that structures may not be occupied until required site plan
improvements have been made.
ORDINANCE Amending the City of Dubuque Code of Ordinances Section 11-2
International Building Code by adding a new section requiring installation and
completion of site plan requirements prior to issuance of certificates of occupancy
Suggested Disposition: Receive and File; Motion B; Motion A
COUNCIL MEMBER REPORTS
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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 and Property Acquisition - Chapter 21.5(1 )(c)G) 2003 Code of Iowa
Jeanne F. Schneider
April 1, 2004
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