9 7 04 Agenda No Icons
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
TUESDAY, SEPTEMBER 7, 2004
INVOCATION
Reverend John Hulsizer, Dubuque Law Enforcement Center Chaplain Coordinator
SWEARING.IN OF MAYOR PRO.TEM JOHN MARKHAM
PROCLAMATIONS
Public Safety Memorial Day
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 7/26; City Council of 8/16; Community Development Advisory
Commission of 8/11; Electrical Code Board of 8/9; Housing Code Appeals Board of
7/20; Housing Commission of 7/27; Housing Commission Trust Fund Committee of
8/19; Human Rights Commission of 7/12; Library Board of 7/22; Park and Recreation
Commission of 8/10
Printed Council Proceedings for June and July, 2004
Proof of publication of City Council Proceedings of August 2 and 16, 2004
Suggested Disposition: Receive and File; Approve as Printed
2.
Notice of Claims/Suits
City of Asbury vs. The City Development Board and City of Dubuque; Jesse A. Brenner
for property damage and personal injury; David Danielson (for son Timothy Danielson)
for personal injury; Connie Gibbs for vehicle damage; Nicole Munson for vehicle
damage
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:
David Danielson for personal injury; Paul Ernst for vehicle damage; Theresa Holland for
vehicle damage
Corporation Counsel recommending denial of the claim of Sarah J. Merges for vehicle
damage and Ryan M. Beyer for vehicle damage
Corporation Counsel recommending that the claim of Nicole Munson for vehicle
damage be referred to Horsfield Construction, Inc.
Suggested Disposition: Receive and File; Concur
3.
Dubuque Main Street, Ltd. Agreement
City Manager recommending approval of a Program Agreement, required by the Iowa
Department of Economic Development (IDED), between the City of Dubuque, Dubuque
Main Street, Ltd., and the IDED.
4.
Suggested Disposition: Receive and File; Approve
U.S. Department of Housing and Urban Development
Communication from the U.S. Department of Housing and Urban Development advising
that the City's Lead Hazard Reduction Program is currently performing on or ahead of
schedule.
5.
Suggested Disposition: Receive and File
Iowa Department of Economic Development
Communication from the Iowa Department of Economic Development advising that the
City's Local Housing Assistance Program (LHAP) has been administered in substantial
compliance with financial and program requirements.
6.
Suggested Disposition: Receive and File
Arts and Cultural Organizations
Communications from Sister Michelle Nemmers, OSF, Ed Babka, and Cynthia Nelms-
Byme in support of the City funding $250,000 for cultural organizations in the City.
Suggested Disposition: Receive and File
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12.
Radford Road and Pennsylvania Avenue - Sidewalks
Communication from Mary Janice Giesler requesting that the City require sidewalks on
all sides of Radford Road and Pennsylvania Road.
Suggested Disposition: Receive and File
"No Parking" Request
Petition from residents on Alpine Street and Nevada Street requesting a "No Parking"
sign in the alley that extends from Alpine to Nevada.
Suggested Disposition: Receive and File; Refer to City Manager
Legal Department Intern
Communication from Angela Wilson, Legal Department Intern, thanking the City for the
opportunity to work as a legal intern.
Suggested Disposition: Receive and File
Vision Iowa
Communication of Mayor Terry Duggan to Michael Gartner, Chairman of the Vision
Iowa Board, requesting an extension for completion of some components of the City's
Vision Iowa Agreement.
Suggested Disposition: Receive and File; Approve
Designation of City Representative for FEMA Assistance
City Manager recommending that he be designated as the City's representative for
FEMA assistance for the severe storms and flooding that began on May 21, 2004.
RESOLUTION Designating the City Manager as the City of Dubuque's authorized
representative for signing and filing documents to obtain federal/state finance
assistance under the Disaster Relief Act
Suggested Disposition: Receive and File; Adopt Resolution
Tyler Road - Acceptance of Warranty Deed
City Manager recommending acceptance of a warranty deed from Dubuque Community
School District for a right-of-way purchase on Tyler Road.
RESOLUTION Accepting a conveyance of Lot A of Block 8 in Mettel-Link Addition in the
City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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18.
Dubuque Racing Association
Communication of Mayor Terry Duggan to the Dubuque Racing Association Executive
Committee requesting that consideration be given to allocating a portion of the
anticipated increase in grant dollars toward annual operating support of arts and cultural
organizations.
Suggested Disposition: Receive and File
Iowa Highway 32 (Southwest Arterial) - Phase I Consultant Selection
City Manager recommending approval of the selection of Earth Tech, Inc., partnered
with Durrant Architects, as the consultant for the Iowa Highway 32 (Southwest Arterial)
Phase I - Preliminary Engineering Design Services project.
Suggested Disposition: Receive and File; Approve
Dubuque: Your Hometown, Your Future Campaign
City Manager recommending approval of the expenditure of $4,425 per year for five
years out of UDAG funds for the Dubuque: Your Hometown, Your Future campaign.
RESOLUTION Supporting the "Dubuque: Your Hometown, Your Future" initiative and
pledging $4,425 per year for five years to the promotion of the program
Suggested Disposition: Receive and File; Adopt Resolution
Transportation Bill
City Manager recommending approval to send letters of concern to Congressman
Nussle and Senator Grassley about objectionable language contained in the proposed
federal Transportation Bill.
Suggested Disposition: Receive and File; Approve
Dubuque Area Industrial Development Corporation - Amendment to Development
Agreement
City Manager recommending approval of a Second Amendment to the Development
Agreement with Dubuque Area Industrial Development Corporation (DAIDC) which
allows the current tax increment financing benefits accruing to DAIDC to be assigned to
its successor or assigns (in this case, Walter Development, LLC).
RESOLUTION Authorizing the execution of a Second Amendment to Development
Agreement with Dubuque Area Industrial Development Corporation
Suggested Disposition: Receive and File; Adopt Resolution
Five Flags Center Renovation - Request for Proposals
City Manager recommending approval of the issuance of a Request for Proposals for
the Five Flags Center Renovation Project.
Suggested Disposition: Receive and File; Approve
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24.
Mary Huseman vs. City of Dubuque, et al
Corporation Counsel advising that the Mary Huseman vs. City of Dubuque case has
been dismissed.
Suggested Disposition: Receive and File
Response to NPDES
City Manager recommending approval of a proposed process to respond to the State's
"draft" National Pollution Discharge Elimination System (NPDES) permit.
Suggested Disposition: Receive and File; Approve
Request for Easement
Communication from Vernon C. Van Cleve, 2542 Marywood Drive, requesting the City
grant him an easement to gain access to the back yards at 2538, 2542 and 2544
Marywood Drive.
Suggested Disposition: Receive and File; Refer to City Manager
Arboretum Drive - Sidewalks
Communication of John and Doris Kivlahan submitting a petition requesting that the City
remove the requirement for sidewalks on the north side of Arboretum Drive and 32nd
Street to Honeysuckle Lane.
Suggested Disposition: Receive and File; Refer to City Manager
Business License Refund
Request of Jymie M. Lyons, Jym's Bar, for a refund of his cigarette license in the
amount of $75.00.
Suggested Disposition: Receive and File; Approve Refund
Business Licenses
RESOLUTION Granting the issuance of a cigarette renewal permit to One Flight Up
RESOLUTION Granting the issuance of Class "C" Beer Permits to Eagle Country
Market, Phillips 66/Arby's, 5-Point Mart, Family Mart, Asbury Amoco Foodshop and
Ron's Smokes/Beverage
RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Lucky 13
Tap, Class "B" Wine Permit to Eagle Country Market, and Class "C" Beer/Liquor
License (5-Day Special Event) to Carlos O'Kelly's
Suggested Disposition: Adopt Resolutions
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4.
ITEMS TO BE SET FOR PUBLIC HEARING
1.
Railroad Avenue - Request to Vacate
City Manager recommending that a public hearing be set for September 20, 2004 to
consider a request from Hy-Vee to vacate a portion of Railroad Avenue.
RESOLUTION Of intent to dispose of City interest in Lot 1 A of Eagles Place in the City
of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
9/20/04
2.
Associates Drive - Request to Vacate
City Manager recommending that a public hearing be set for September 20, 2004 to
consider a request from THE CU-LlNK, Inc., to vacate a portion of Associates Drive
abutting Lot 8 of Medical Associates Subdivision No.2.
RESOLUTION Of intent to dispose of City interest in Lot 8A of Medical Associates
Subdivision No.2, Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
9/20/04
3.
Fiscal Year 2005 Budget Amendment
City Manager recommending that a public hearing be set for September 20, 2004 to
consider the first amendment to the Fiscal Year 2005 budget.
RESOLUTION Setting the date for the public hearing on Amendment No.1 to the
Fiscal Year 2005 budget for the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
9/20/04
2004 Curb Ramp Installation - CDBG Project #2
City Manager recommending initiation of the bidding process for the 2004 Curb
Ramp Installation - CDBG Project #2 and that a public hearing be set for September
20, 2004.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Fixing date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
9/20/04
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5.
Northwest Arterial Fiber Optics Conduit Project
City Manager recommending initiation of the bidding process for the Fiber Optics -
Northwest Arterial Project and that a public hearing be set for October 4, 2004.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Fixing date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
10/4/04
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Civic Center Commission (One unexpired 3-year term through 6/29/06)
Applicants: Brian D. Hutchins, Bryce Parks
Housing Advisory Trust Fund Committee (One 3-year term through 9/7/07 - Term of J.
Walsh)
Applicant: John V. Walsh
Mechanical Code Board (Three 3-year terms through 3/16/07 - Terms of Kelly, Papin and
one vacancy)
Applicants: Chuck Bandy, David Cleek, Michael P. Kelly, Sean O'Malley, Paul Papin (also on
Plumbing Board)
Appointments to the following Boards/Commissions:
Housing Commission (Three 3-year terms through 8/17/07 - Terms of Eddy, Kapler and
Schwendinger):
Applicants: Char Eddy, David J. Kapler, Dorothy Schwendinger, OSF
PUBLIC HEARINGS
SUSPEND THE RULES
1.
2004 Local Law Enforcement Block Grant
Proof of publication on notice of hearing to consider acceptance of the 2004 Local Law
Enforcement Block Grant award and City Manager recommending approval.
Suggested Disposition: Receive and File; Approve
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2.
Villa Street Retaining Wall 2004 Reconstruction Project
Proof of publication on notice of hearing to consider the Villa Street Retaining Wall
2004 Reconstruction Project and City Manager recommending award of the
contract to WC Stewart Construction Company in the amount of $283,952.79.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract
3.
Suggested Disposition: Receive and File; Adopt Resolutions
Port of Dubuque Storm Sewer Extension Project
Proof of publication on notice of hearing to consider the Port of Dubuque Storm
Sewer Extension Project and City Manager recommending award of the contract to
Tschiggfrie Excavating Co., in the amount of $217,100.85.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract
Suggested Disposition: Receive and File; Adopt Resolutions
4.
Heron Pond Fishing Pier Construction Project
Proof of publication on notice of hearing to consider the Heron Pond Fishing Pier
Construction Project and City Manager recommending award of the contract to
Dubuque Barge and Fleeting Service Company (d/b/a Newt Marine Service), in the
amount of $49,021.02.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract
Suggested Disposition: Receive and File; Adopt Resolutions
REINSTATE THE RULES
ACTION ITEMS
1.
Eagle Point Park Bluffs
Communication from SA Sutton regarding the Eagle Point Park Bluffs.
Communication from John A. Brennan, M.D., requesting that he be considered for
membership on an ad hoc committee to look into the long-range solution to the Eagle
Point Bluff issue.
Submission of material from Richard Vorwald regarding the Eagle Point Bluff
Suggested Disposition: Receive and File; Council
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2.
Downtown Conservation District - Historic Preservation Commission
Communication from the Historic Preservation Commission requesting that the City
Council keep the buildings proposed for demolition in the Downtown Neighborhood
Conservation District and to amend the conservation district regulations to allow
government units needing land to submit different information on the site selection
process.
3.
Suggested Disposition: Receive and File; Council
Downtown Conservation District - Dubuque Community School District (Second
Reading)
ORDINANCE Amending Chapter 11 (Building Regulations) of the City of Dubuque
Code of Ordinances regarding the Downtown Neighborhood Conservation District
Suggested Disposition: Receive and File; Council; Motion B; Motion A (Second
Reading)
4.
Arts and Cultural Affairs Advisory Commission Ordinance
City Manager recommending approval of an ordinance establishing an Arts and Cultural
Affairs Advisory Commission.
ORDINANCE Amending the City of Dubuque Code of Ordinances by adopting a new
Chapter 8 Arts and Cultural Affairs Establishing the Arts and Cultural Affairs Advisory
Commission
5.
Suggested Disposition: Receive and File; Motion B; Motion A
Paradise Hills 2nd Addition - Final Plat
City Manager recommending approval of the final plat of Paradise Hills 2nd Addition.
RESOLUTION Approving the final plat of Paradise Hills 2nd Addition in Dubuque
County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
6.
Prohibition of Building Permits
City Manager recommending approval of an amendment to the Code of Ordinances
prohibiting the issuance of building permits during consideration of a rezoning or text
amendments.
ORDINANCE Amending Section 11-3 Building Regulations of the City of Dubuque
Code of Ordinances by adding language to prohibit building permit issuance during
consideration of a zoning reclassification or text amendment to the zoning or subdivision
ordinances
Suggested Disposition: Receive and File; Motion B; Motion A
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7.
Zoning Ordinance Update Process
City Manager recommending approval of the process to be used for the Zoning and
Subdivision Ordinance update.
8.
Suggested Disposition: Receive and File; Approve
National League of Cities Delegate
Communication from the National League of Cities requesting appointment of a voting
delegate and alternate voting delegate for the upcoming Congress of Cities.
Suggested Disposition: Receive and File; Council Appointment
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.
Jeanne F. Schneider
September 2, 2004
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