11 01 04 Agenda with icons
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY. NOVEMBER 1, 2004
INVOCATION
Reverend Murray Phillips, Executive Director, Dubuque Rescue Mission
PROCLAMATIONS
Philanthropy Day (November 10, 2004)
Hunger and Homelessness Awareness Month (November, 2004)
Youth Appreciation Month (November, 2004)
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Philanthropy Day
Hunger and
Homelessness
Youth Appreciation
PRESENTATION
Grand River Center - Project of the Year Award
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 10/18; Housing Commission of 9/28; Human Rights Commission of 8/9;
Mechanical Board of 10/20; Transit Trustee Board of 9/30; Zoning Board of Adjustment
of 9/23
Printed Council Proceedings of September, 2004
Proof of publication of City Council Proceedings of October 4, 2004
Suggested Disposition: Receive and File; Approve as Printed
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City Councii
Mechanicai Bd
Zoning Bd of Adj
Transit Bd
Housing
Human Rights
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Proceedings
2.
Notice of Claims/Suits
Leroy R. Cain for property damage; Dubuque Internal Medicine for property damage;
Michael Gibson for property damage; Thomas J. Lange for property damage; Susan
Myers for personal injury; Thomas Sharkey, Jr., 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:
Dubuque Internal Medicine for property damage; Thomas J. Lange for personal injury;
Susan Myers for personal injury
Corporation Counsel recommending that the claim of Thomas Sharkey, Jr. for vehicle
damage be referred to River City Paving Company.
Corporation Counsel recommending settlement of the claim of LeRoy Cain for property
damage and directing Finance Department to issue payment.
Suggested Disposition: Receive and File; Concur; Finance to Issue Payment
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Ciairrs - ICAP
Claim - Referred
Claim - Settled
3.
Downtown Elementary School Neighborhood Resource Center
Communication from John L. Burgart, Superintendent of Schools, advising that the
Board of Education of the Dubuque Community School District unanimously voted to
accept the City of Dubuque's contribution of $250,000 toward the construction of a
Neighborhood Resource Center within the new downtown elementary school.
Suggested Disposition: Receive and File
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Burgart Ltr
News Article
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4.
Purchase of Service Agreement Amendments
City Manager recommending approval of amendments to the purchase of service
agreements with Downtown Neighborhood Council, Inc. and the Langworthy District
Neighborhood Association for the historic district public improvements projects.
Suggested Disposition: Receive and File; Approve
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Amendments - MVM
Memo
Amendments - Staff
Memo
Langworthy
Amendment
Downtown
Amendment
5.
Peninsula Gaming Patio Lease Extension
City Manager recommending approval a one-month extension of the patio lease with
Peninsula Gaming Company through November 31, 2004 to allow for the storage and
unloading of slot machines.
Suggested Disposition: Receive and File; Approve
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Patio Lease - MVM
Memo
Patio Lease
Extension Agreement
6.
Hispanic Ministry of Dubuque
Communication from Sister Jeanette McCarthy, PBVM, in opposition to the $100 rental
fee for park reservations starting in 2005.
Suggested Disposition: Receive and File; Refer to City Manager
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McCarthy Ltr
7.
Iowa Homeland Security and Emergency Management Division - Appeal of
Decision
Communication from Congressman Jim Nussle submitting a letter he sent to Michael D.
Brown, United States Department of Homeland Security - Emergency Preparedness
and Response, regarding a problem the City is experiencing with the Federal
Emergency Management Agency (FEMA).
Communication from Senator Charles Grassley advising that he received a response
from the Federal Emergency Management Agency which upheld the decision to deny
payment.
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Communication of City Manager to David L. Miller, Iowa Homeland Security and
Emergency Management Division, appealing the decision to deny the City's claim of
$28,203 for pumping costs at the floodwall incurred during the severe flooding of May
and June 2004.
Suggested Disposition: Receive and File; Approve Appeal
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Nussie Ltr
MVM Ltr to Nussle
Grassley Ltr
Appeal- MVM Ltr
8.
Human Rights Commission
Communication from Sarah Davidson submitting her resignation from the Dubuque
Human Rights Commission.
Suggested Disposition: Receive and File
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Davidson Ltr
9.
Request to Vacate - Utility Easement
Communication from Steve Fuerst, IIW Engineers and Surveyors, P.C., requesting the
vacation of an existing twenty-foot utility easement that crosses Lot 1 of Southgate
Center Second Addition on behalf of Dan Mueller.
Suggested Disposition: Receive and File; Refer to City Manager
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IIWLtr
10.
Quarterly Investment Report
City Manager submitting the September 30, 2004 Quarterly Investment Report of the
Investment Oversight Advisory Commission.
Suggested Disposition: Receive and File
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Investment Earnings
Summary
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Investment Report -
MVM Memo
Investment Report -
Staff Memo
Schedule of Funds
Investment Summar)
Report
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Certificates of
Deposit
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11.
Port of Dubuque Parking Lot
City Manager recommending acceptance of the Port of Dubuque Parking Lot
Reconstruction Project as completed by Portzen Construction in the final contract
amount of $510,421.39.
RESOLUTION Accepting improvement
RESOLUTION Approving final contract amount
Suggested Disposition: Receive and File; Adopt Resolutions
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ParlOng lot - MVM ParlOng lot - Staff
Memo Memo
ParlOng lot -
Resolution #1
ParlOng lot -
Resolution #2
Final Payment Form
12.
Iowa Department of Transportation
Communication to Richard Kautz, Iowa Department of Transportation, expressing
concerns regarding the US 20 reconstruction project, specifically the Wacker Drive/Hwy
20 intersection work.
Suggested Disposition: Receive and File; Approve
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Kautz Ltr
13.
Southwest Arterial Memorandum of Agreement
City Manager recommending approval of a Cultural Resources Memorandum of
Agreement for the improvement of Iowa Highway 32 (Southwest Arterial).
RESOLUTION Approving the Consultant Agreement among the Federal Highway
Administration (FHWA), Iowa Department of Transportation (Iowa DOT), the County of
Dubuque (County), and the City of Dubuque (City) for the Cultural Resources
Memorandum of Agreement for the improvement of the Highway 32 Corridor
(Southwest Arterial)
Suggested Disposition: Receive and File; Adopt Resolution
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SW Arterial MOA - SW Arterial MOA - SW Arterial MOA-
MVM Memo Staff Memo Resolution
HDRLtr
Memorandum of
Understanding
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Southwest Arterial Consultant Agreement for Professional Services
City Manager recommending approval of a Consultant Agreement for Professional
Services to complete pre-flight ground control survey work as required to facilitate the
development of design level aerial photography for the Preliminary Design of Iowa
Highway 32 corridor (Southwest Arterial).
RESOLUTION Approving the Consultant Agreement among the Iowa Department of
Transportation (Iowa DOT), the City of Dubuque (City) and IIW Engineers & Surveyors,
PC for the professional services - ground control survey for the Highway 32 Corridor
(Southwest Arterial)
Suggested Disposition: Receive and File; Adopt Resolution
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SW Arterial- MVM SW Arterial- Staff
Memo Memo
Consu~ant
Agreement
SW Arterial-
Resolution
Employee Recognition
City Manager advising that Housing and Community Development employee, Joleen
Patterson, was recently recognized by the Iowa National Association of Housing and
Redevelopment Officials (NAHRO) and presented the 2004 Community Development
Award for exemplary service to the community development profession.
Suggested Disposition: Receive and File
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Recogn~ion - MVM
Memo
Vision Iowa
Communication to Michael Gartner, Chairman of the Vision Iowa Board, affirming the
City's financial commitment to the Vision Iowa Grant Agreement.
Suggested Disposition: Receive and File; Approve
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GartnerLtr
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17.
Business Licenses
RESOLUTION Granting the issuance of a Class "C" Beer Permit to Big 1 0 Mart
RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Bridge
Restaurant, Jumpers Sports Bar/Grill, and Europa Haus/Bierstube
Suggested Disposition: Adopt Resolutions
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Resolution #1
Resolution #2
ITEMS TO BE SET FOR PUBLIC HEARING
1.
Disposal of City-Owned Property
City Manager recommending that a public hearing be set for November 15, 2004 to
consider vacating and disposing of a portion of City-owned property located at Lombard
and Collins Streets.
RESOLUTION Of intent to vacate and dispose of City interest in Lot A of Lot 2 of Lot 2
of Mineral Lot 156 in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
11/15/04
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Vacating - MVM
Memo
Vacating - Staff
Memo
Vacating - Resolution
Vacating - Vlcin~
Map
2.
Transit Fare Increase
City Manager recommending that a public hearing be set for December 6, 2004 to
consider a recommendation from the Transit board to raise minibus fares and to adopt
other recommendations from the Human Rights ADA Paratransit Review conducted last
summer.
Suggested Disposition: Receive and File; Public Hearing 12/6104
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Trans~ - MVM Memo Trans~ - Staff Memo Transit Minutes
Trans~ - Ltrs
Trans~ -
Presentation
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3.
Fiber Optic Conduit System Project - Phase I
City Manager recommending initiation of the public bidding process for the Fiber Optic
Conduit System Project - Phase I and that a public hearing be set for November 15,
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
11/15/04
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Fiber Optic - MVM
Memo
Fiber Optic - Staff
Memo
Fiber Optic -
Resolutions
4.
Park Maintenance Headquarters Roofing Project
City Manager recommending initiation of the public bidding process for the Park
Maintenance Headquarters Roofing Project and that a public hearing be set for
December 20, 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
12/20/04
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Roof - MVM Memo
Roof - Staff Memo
Roof - Resolutions
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PUBLIC HEARINGS
SUSPEND THE RULES
1.
Reallocation of General Obligation Bonds Series 2002C
Proof of publication on notice of hearing to consider the reallocation of General
Obligation Bond proceeds for use on the new Municipal Services Center and City
Manager recommending approval.
RESOLUTION Instituting proceedings to take additional action and approving the
reallocation of certain unspent proceeds of the General Obligation Bonds, Series
2002C, of Dubuque, Iowa for the Municipal Services Center Project
Suggested Disposition: Receive and File; Adopt Resolutions
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GO Bonds - MVM
Memo
GO Bonds - Staff
Memo
GO Bonds-
Resolution
Material from October 18, 2004 Meeting
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Bonds - MVM Memo
Bonds - Staff Memo
Bonds - Resolution
REINSTATE THE RULES
ACTION ITEMS
1.
Chamber of Commerce Convention and Visitors Bureau (Tabled from October 18,
2004 Meeting)
Request of Sue Czeshinski, Director - Convention and Visitors Bureau, to provide the
Convention and Visitors Bureau report.
Suggested Disposition: Remove from Table; Receive and File
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CVB Ltr
CVB Memo
CVB Report
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2.
Mediacom Franchise Fee Payment Analysis
City Manager submitting the final report of Lewis & Associates regarding Mediacom
Cable Franchise fees paid to the City of Dubuque for calendar years 2002 and 2003.
Suggested Disposition: Receive and File
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Mediacom - MVM
Memo
Mediacom - Staff
Memo
Ltr to Mediacom
Francihse Fee
Report
3.
Stonehill Sidewalk Removal Request
City Manager recommending denial of the request of Stonehill Community Association
to permanently remove public sidewalk abutting Windsor Avenue.
Suggested Disposition: Receive and File; Council
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Stonehill- MVM
Memo
Stonehill- Map
Stonehill- Ltrs
Stonehill - Staff Sidewalks - Pictures
Memo
4.
Dubuque River Rides (Tabled from October 18,2004 Meeting)
Communication from Nancy M. Webster, President and Chief Executive Officer-
Dubuque River Rides, requesting to extend their lease with the City of Dubuque for an
additional eight-year term.
City Manager recommending denial of the Dubuque River Rides' request to extend their
lease under the current language and that they be approached regarding the
negotiation of a new lease.
Suggested Disposition: Receive and File; Refer to City Manager
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Webster Ltr
Spir~ of Dubuque
Plan
Lease - Staff Memo
Lease - MVM Memo
1996 Memo
5.
Bee Branch Creek Restoration Project Alignment Study
City Manager recommending approval of the inclusion of the Bee Branch Creek
Restoration Project Phase II from 24th Street to Garfield Avenue as part of the approved
Drainage Basin Master Plan and requesting that a work session be scheduled to review
the preliminary design of the Bee Branch Creek Restoration Project.
Communication from Wayne Klostermann regarding the issue of the Bee Branch study.
Response from City Manager to communication from Wayne Klostermann.
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Suggested Disposition: Receive and File; Approve; Schedule Work Session
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Bee Branch - MVM Bee Branch - Staff
Memo Memo
Bee Branch -
Drawings
Bee Branch - Ltrs
Bee Branch - Cost
Estimates
Kiostermann Ltr
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Klostermann - MVM MVM Response -
Ltr Attachments
NOTE: Bee Branch Agenda Item provided as hard copy and Report as separate
Adobe file on the CD.
6.
NPDES Permit
City Manager recommending approval of the National Pollution Discharge Elimination
System (NPDES) stormwater permit as authored by the Iowa Department of Natural
Resources (IDNR) for the City.
RESOLUTION Approving the National Pollution Discharge Elimination System
(NPDES) Stormwater Permit as authored by the Iowa Department of Natural Resources
(IDNR) for the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
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NPDES - MVM Memo NPDES - Staff Memo NPDES - Resolution NPDES - Perm Table
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NPDES Report
7.
Enterprise Zone #1 and Enterprise Zone #2
City Manager recommending approval of the filing of applications with the Iowa
Department of Economic Development requesting an expansion of Enterprise Zone #1
and Enterprise Zone #2 by adding additional areas that meet the State's eligibility
requirements.
RESOLUTION Authorizing the filing of an application with the Iowa Department of
Economic Development requesting Enterprise Zone Certification of an expansion of the
existing Enterprise Zone - 1 in the City of Dubuque
RESOLUTION Authorizing the filing of an application with the Iowa Department of
Economic Development requesting Enterprise Zone Certification of an expansion of the
existing Enterprise Zone - 2 in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolutions
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Enterprise Zones - Enterprise Zones - Enterprise Zones - Application #1
MVIV Memo Staff Memo Resolutions
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Application #2
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8.
United States Department of the Interior
Communication from the United States Department of the Interior advising that the City
has been selected for a Federal Save America's Treasures grant in the amount of
$295,000 for restoration of the Dubuque Shot Tower.
Suggested Disposition: Receive and File
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Dept of Interior Ltr
9.
Legislative Issues
City Manager submitting the City's legislative issues for the 2005 legislative session.
Suggested Disposition: Receive and File; Approve
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Legisiative Issues - Legislative Issues
MVM Memo
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 and Property Acquisition - Chapter 21.5(1 )(c)(j) 2003 Code of Iowa
Collective Bargaining Strategy - Chapter 20.17(3) 2003 Code of Iowa
Jeanne F. Schneider
October 28, 2004
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