5 3 04 Agenda No Icons
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
5:00 P.M. - GOLF COURSE RENOVATION
6:30 P.M. - REGULAR MEETING
LIBRARY AUDITORIUM
MONDAY, MAY 3, 2004
INVOCATION
Msgr. Wayne Ressler, Pastor of St. Raphael's Cathedral
PROCLAMATIONS
Mental Health Month (May, 2004)
Historic Preservation Week (May 3 - 7, 2004)
Nursing Home Week (May 9 -15,2004)
Arbor Day (May 17, 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 4/8; Cable TV Teleprogramming Commission of 4/6; City Council
of 4/19; Historic Preservation Commission of 4/15; Housing Code Appeals Board of
3/16; Housing Commission of 3/23; Housing Commission Trust Fund of 4/2; Human
Rights Commission of 3/8; Library Board of Trustees of 3/28
Proof of publication of City Council Proceedings of April 5, 2004
Library Board of Trustees Update from Meeting of April 22, 2004
Dubuque Area Chamber of Commerce Convention and Visitors Bureau Quarterly
Report
Fiscal Year 2004 Third Quarter Report of Substance Abuse Services Center
Suggested Disposition: Receive and File
2.
Notice of Claims/Suits
Craig W. Crist for property damage; Donna Flynn for personal injury; Donald Kowalski
for personal injury/vehicle damage; Lynne Jagielski for personal injury; Nathan McAvan
for property damage; Angela McCarthy for personal injury; Brenda Smothers for
personal injury
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
6.
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:
Steve and Kathy Cornelius for property damage; Craig W. Crist for property damage;
Donna Flynn for personal injury; Donald Kowalski for personal injury/vehicle damage;
Nathan McAvan for property damage; Brenda Smothers for personal injury
Suggested Disposition: Receive and File; Concur
3.
Legislative Correspondence
Communication of City Manager to area legislators urging support for SR 2291 -
Rehabilitating Abandoned Properties.
Communication of City Manager to area legislators urging their opposition to any efforts
to approve SJR 2010 which imposes a constitutional amendment requiring voter
approval of tax increases.
Communication of City Manager to area legislators encouraging them to vote no for a
House amendment to HF 2574, a Department of Revenue technical correction bill.
Communication of City Manager to area legislators urging their support of HF 2578
which provides funding for Community Attraction and Tourism (CAT).
Communication of City Manager to Senator Charles Grassley and Senator Tom Harkin
expressing opposition to the Internet Tax-Non-Discrimination Act and support for the
Internet Access Tax Ban Extension and Improvement Act as a substitute bill.
Suggested Disposition: Receive and File
4.
Collective Bargaining Agreement Between City and Teamster's Local #421
City Manager recommending approval of an amendment to the collective bargaining
agreement between the City of Dubuque and the Teamster's Union, Local #421 to
provide for a work week that consists of ten hours per day and four days per week for
Airport Maintenanceworkers.
Suggested Disposition: Receive and File; Approve
5.
Iowa Utilities Board
Communication from Chuck Seel, Iowa Utilities Board, regarding the Interstate Power
and Light Company electric rate increase requested.
Suggested Disposition: Receive and File
United States Environmental Protection Agency
Communication from the United States Environmental Protection Agency
acknowledging receipt of materials from the City to fulfill a requirement under the Public
Health Security and Bioterrorism Preparedness and Response Act of 2002.
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Suggested Disposition: Receive and File
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7.
Chemical Compound Building Renovation Project
City Manager recommending acceptance of the Chemical Compound Building
Renovation Project at the Eagle Point Water Plant as completed by Kluck Construction
in the final contract amount of $35,848.36.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount
8.
Suggested Disposition: Receive and File; Adopt Resolutions
Southwest Arterial Supplemental Agreement
City Manager recommending approval of a Supplemental Agreement with the Iowa
Department of Transportation for the preliminary design of Iowa Highway 32 (Southwest
Arterial).
RESOLUTION Approving the Iowa Department of Transportation Supplemental
Agreement for preliminary design of Iowa Highway 32 (Southwest Arterial)
Suggested Disposition: Receive and File; Adopt Resolution
Howard R. Green Supplemental Agreement No.2
City Manager recommending approval of Supplemental Agreement No. Two between
the City and Howard R. Green for the University Avenue Extension Project.
RESOLUTION Approving Supplemental Agreement No.2 between the City of Dubuque
and the Howard R. Green Company for the University Avenue Project (STP-U-
2100(623)- 70-31)
Suggested Disposition: Receive and File; Adopt Resolution
Klingenberg Terrace - Quit Claim Deed
City Manager recommending approval of the acceptance of a quit claim deed from U.S.
Bank, NA for right-of-way on Klingenberg Terrace for property the City purchased in
1999 for construction of a retaining wall.
RESOLUTION Accepting a cdnveyance of property, a part of Lot 2 of 1 of the
subdivision of Lots 138, 140 and 142 of L.H. Langworthy's Addition in the City of
Dubuque, Dubuque County, Iowa, more particularly described in Exhibit A, to the City of
Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
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16.
Compensation Estimates - US Highway 20
City Manager recommending approval of the use of Compensation Estimates for three
parcels of property needed as temporary construction easements for the realignment of
University Avenue from Ethel Street to US 20 at the entrance to Theisen's.
RESOLUTION Establishing the use of compensation estimates for the acquisition of
temporary construction easements owned by Thomas T. and Lee Ann Frost, Best Car
Washes, L TD (owner), University Carwash Inc. (tenant), and James E. and Linda Stark
(owners), Colonial Terrace Animal Hospital, P.C. (lessee)
Suggested Disposition: Receive and File; Adopt Resolution
Establishment of Fair Market Value - Eunice and James Newman
City Manager recommending approval of the establishment of the fair market value of
the Eunice and James Newman property needed for right-of-way for the realignment of
University Avenue from Ethel Street to US 20 at the entrance to Theisen's.
RESOLUTION Establishing fair market value for the acquisition of certain real property owned
by James E. Newman in the City of Dubuque, Iowa for the University Avenue extension project
Suggested Disposition: Receive and File; Adopt Resolution
1042 Main Street - Demolition Request
Historic Preservation Commission recommending approval of a request from Gronen
Adaptive Reuse LLP/John Gronen for demolition of a structure at 1042 Main Street.
Suggested Disposition: Receive and File; Approve
1066 Main Street - Demolition Request
Historic Preservation Commission recommending approval of a request from Gronen
Adaptive Reuse LLP/John Gronen for demolition of a structure at 1066 Main Street.
Suggested Disposition: Receive and File; Approve
1086 Main Street - Demolition Request
Historic Preservation Commission recommending approval of a request from Gronen
Adaptive Reuse LLP/John Gronen for demolition of a structure at 1086 Main Street.
Suggested Disposition: Receive and File; Approve
Dubuque Museum of Art
City Manager recommending approval of a request from the Dubuque Museum of Art
(DuMA) to defer payments on their $300,000 Downtown Rehabilitation Loan until July 1,
2006 and accept the Personal Guaranty from Charles E. Stoltz as collateral for the
deferred payments.
S"úggested Disposition: Receive and File; Approve
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Dubuque Industrial Center West - 3rt! Addition
City Manager recommending approval of the issuance of a Request for Proposal (RFP)
for the selection of a consultant to do the design of the next phase of the Dubuque
Industrial Center West.
Suggested Disposition: Receive and File; Approve
Purchase of Iowa Department of Transportation Right-of-Way
City Manager recommending approval of the purchase of 58,588 square feet of property
from the Iowa Department of Transportation for placement of a sign for the Dubuque
Technology Park at a cost of $14,647.
RESOLUTION Approving the purchase of Lot F of Dubuque Technology Park
Suggested Disposition: Receive and File; Adopt Resolution
Quarterly Investment Report
City Manager transmitting the March 31,2004 Quarterly Investment Report.
Suggested Disposition: Receive and File
U.S. Department of Homeland Security
Communication from the U.S. Department of Homeland Security/United States Coast
Guard advising that the facility security plan for Rivers Edge Plaza does not meet the
requirements of Title 33 Code of Federal Regulations and providing a summary of the
insufficient or missing element(s) of the plan.
Suggested Disposition: Receive and File
Arboretum Drive - Parking
City Manager recommending denial of the request for no parking on the south side of
Arboretum Drive as Jack Frick, Board President of the Dubuque Arboretum and
Botanical Gardens, has withdrawn his original petition and his modified petition.
Suggested Disposition: Receive and File; Approve
Business Licenses
RESOLUTION Granting the issuance of a Class "c" Beer Permit to Lien Oriental
American Food Store and Beecher Beverage
RESOLUTION Granting the issuance of a Class "An (Club) Liquor License to Dubuque
Moose Lodge; Class "C" Beer/Liquor License to Dempsey's/Molly's Pub; Charhouse
Restaurant; Breaktime Bar and Grill; Central Tap; Denny's Lux Club; Shot Tower Inn;
Olive Garden; Sublime; Lot One LLC; and Class "B" Wine Permit to Beecher Beverage
Suggested Disposition: Adopt Resolutions
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ITEMS TO BE SET FOR PUBLIC HEARING
1.
Sale of Park Property
City Manager recommending that a public hearing be set for May 17, 2004 to consider a
request from Jeffrey and Julie Ann Chase to purchase a portion of Gay Park.
RESOLUTION Of intent to dispose of City interest in Lot 1-3 of Grommersch Place,
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
5/17/04
2.
Residential Parking Permit District
City Manager recommending that a public hearing be set for May 17, 2004 to consider a
request from residents on West 11th Street, West 16th Street, Cornell Street and Picket
Street.
RESOLUTION Setting a public hearing on establishing a Residential Parking Permit
District on West 15th Street, West 16th Street, Cornell Street, and Picket Street
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
5/17/04
3.
Tax Increment Revenue Bonds - Lower Main Development, LLC.
City Manager recommending that a public hearing be set for May 17, 2004 to consider
the issuance of not to exceed $185,000 in urban renewal tax increment revenue bonds
to support Lower Main Development, L.L.C.'s redevelopment of the former Weber
Paper Company Building.
RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to
exceed $185,000 urban renewal tax increment revenue notes of Dubuque, Iowa, and
providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution
Eagle Point Water Plant Elevator Replacement Project
City Manager recommending initiation of the public bidding process for the Eagle Point
Water Plant Elevator Replacement Project and that a public hearing be set for June 7,
2004.
RESOLUTION Adopting preliminary plans and specifications
RESOLUTION Setting date of hearing on plans and specifications
RESOLUTION Ordering bids
:;¡JJggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
6nt04
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5.
Roosevelt Road Phase" Water Main Extension Project
City Manager recommending initiation of the public bidding process for the Roosevelt
Road Phase II Water Main Extension Project and that a public hearing be set for June
7,2004.
RESOLUTION Adopting preliminary plans and specifications
RESOLUTION Setting date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
6/7/04
BOARDS/COMMISSIONS
Appointments to the following Commission:
Civil Service Commission (One 4-Year Term to Expire 4/6/08 - Mayor Appointment)
Applicants: Dick Wertzberger
PUBLIC HEARINGS
SUSPEND THE RULES
1.
Lease Agreement with Hoffmann Schneider Funeral Home
Proof of publication on notice of hearing to consider a lease agreement with Hoffmann
Schneider Funeral Home for a section of Jackson Park and City Manager
recommending approval.
Suggested Disposition: Receive and File; Approve
Right-of-Way Easement
Proof of publication on notice of hearing to consider vacating a 1 O-foot wide right-of-way
easement in the City of Dubuque, Iowa, in accordance with an agreement adopted by
City Council on February 16, 2004 with Kivlahan Farms, LLC and City Manager
recommending approval.
RESOLUTION Disposing of interest and vacating a right-of-way easement over Lot N
Arbor Estates, being a part of the SE y,. of the SE y,. of Section 9, T89N, R2E, 5th P.M.
in the City of Dubuque, Dubuqu~County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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3.
Fiscal Year 2004 Budget Amendment
Proof of publication on notice of hearing to consider the fourth amendment to the Fiscal
Year 2004 budget and City Manager recommending approval.
RESOLUTION Amending the Fiscal Year 2004 Budget
Suggested Disposition: Receive and File; Adopt Resolution
4.
2004 Curb Ramp Installation - CDBG Project No.1
Proof of publication on notice of hearing to consider adoption of the plans and
specifications for the 2004 Curb Ramp Installation - CDBG Project No.1 and City
Manager recommending award of the contract to Kluck Construction in the amount of
$29,550.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract
Suggested Disposition: Receive and File; Adopt Resolutions
REINSTATE THE RULES
ACTION ITEMS
1.
Dubuque Humane Society
City Manager recommending that the City accept the termination notice from the
Dubuque Humane Society and pursue alternative methods of service delivery.
Communication from Jennifer A. Clemens-Conlon regarding the Dubuque Humane
Society Contract.
Suggested Disposition: Receive and File; Approve
2.
Arbor Estates - Final Plat (Tabled on April 19, 2004)
City Manager recommending approval of the final plat of the second phase of Arbor
Estates.
RESOLUTION Adopting final plat of Lots 12 thru 19, inclusive, of Block 5, Lots 1 thru
10, inclusive of Block 6, Lots 3 thru 5, inclusive, Block 7, Lot 1 of Block 8, Lot 1 of Block
9, and Lots H thru N, inclusive, all of Arbor Estates in the City of Dubuque, Iowa
Suggested Disposition: Remove from Table; Receive and File; Adopt Resolution
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3.
UDAG Loan for Medline
City Manager recommending approval of a UDAG Loan of $62,000 to Medline as the
City's match for the company's application to the Iowa Department of Economic
Development (IDED) for an Iowa Values Fund forgivable loan to support their expansion
project in Dubuque.
RESOLUTION Approving a UDAG loan of sixty-two thousand dollars ($62,000) to
Medline
4.
Suggested Disposition: Receive and File; Adopt Resolution
Port of Dubuque Passenger Boarding Facility
City Manager recommending that the City abandon current plans to build a stand-alone
transit passenger boarding facility in the Port of Dubuque; that a portion of local
matching funds from an existing CIP be used to leverage a grant from the State of Iowa
to expand the existing waiting area at the KeyLine Transit Office; and that the remaining
funds in the CIP be redirected to the additional costs anticipated in the new garage
project on Kerper Court and improvements to the bus shelter system.
Suggested Disposition: Receive and File; Approve
Five Flags Civic Center - Privatization
City Manager recommending authorization to negotiate a five year Management
Agreement with Compass Facility Management, Inc. to manage the Five Flags Center
beginning July 1, 2004.
Communication regarding IPERS coverage for Five Flags Civic Center employees.
Communication and proposal from Compass Facility Management, Inc.
Proposal from SMG.
Suggested Disposition: Receive and File; Approve
COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concem 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)O) 2003 Code of Iowa
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Jeanne F. Schneider
April 29, 2004
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