9 5 06 Agenda with icons
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
TUESDAY, SEPTEMBER 5,2006
INVOCATION
Sister Joy Peterson, President of Sisters of the Presentation
SWEARING-IN OF MAYOR PRO-TEM KARLA BRAIG
PROCLAMATIONS
Public Safety Memorial Day (September 14, 2006)
Dubuque, Iowa POW - MIA Recognition Day (September 15, 2006)
Assisted Living Week (September 10 -16,2006)
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Pubic Safety Day
POW - MIA Day
Assisted Uving Week
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
Arts and Cultural Affairs Advisory Commission of 7/25; City Council of 8/21; Historic
Preservation Commission of 8/17; Human Rights Commission of 6/12; long Range
Planning Advisory Commission of 8/16; Zoning Board of Adjustment of 7/27
Proof of publication of City Council Proceedings of August 7,2006
Printed City Council Proceedings for month of February, 2006
Library Board of Trustees Update from the meetings of August 24 and August 28, 2006
Suggested Disposition: Receive and File; Approve as Printed
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ACAAC
City Council
HPC
Hurran Rights Long Range Planning Zoning Bd of Adj
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City Council
Proceedings
Ubrary Bd Update
2. Notice of Claims/Suits
Thomas Koch (Paul's Tavern) for property damage; John Oberhausen for property
damage
Suggested Disposition: Receive and File; Refer to City Attorney
City Attorney advising that the following claim has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Thomas Koch
for property damage
City Attorney recommending settlement of the claim of John Oberhausen for property
damage and directing the Finance Department to issue payment.
Suggested Disposition: Receive and File; Concur; Finance Dept to Issue
Payment
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Claim; - ICAP
Claim - Settled
3. Citizen Communications
Communication from Rose Manders, 1835 Vizaleea Drive, thanking the City Council for
approving the Residential Parking Permit District on Vizaleea Drive.
Communication of Penny Ehlinger, 1017 Aspect Court, regarding the Americans with
Disabilities Act.
Suggested Disposition: Receive and File
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Manders ltr
Ehlinger lir
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4. Regency Iowa, Inc.
Communication from Regency Iowa, Inc. advising that Regency Thermographers,
located at 750 White Street, Dubuque, Iowa, will be permanently closing.
Suggested Disposition: Receive and File
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Regency Notice
5. Iowa Department of Economic Development
Steven R. McCann, City Development Board Administrator, submitting the Findings of
Fact and Conclusions of Law and The Final Order filed by the City Development Board
approving the voluntary annexation petition submitted by the City of Dubuque.
Suggested Disposition: Receive and File
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Annexation -
McCann Ur
6. Iowa Department of Natural Resources
Notification of Violation from the Iowa Department of Natural Resources for the City's
Wastewater Treatment facility.
Suggested Disposition: Receive and File; Refer to the City Manager
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Iowa DNR Ur
7. Comprehensive Plan Update
Long Range Planning Advisory Commission submitting the July 2006 Report on the
Comprehensive Plan Update process.
Suggested Disposition: Receive and File
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Update - LRPAC Ur
Infrastructure Goal
Comrents
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8. Historic District Public Improvement Program - Four Mounds Interpretive Signs
Historic Preservation Commission recommending City Council approval of $7,394.23 of
Historic District Public Improvement Project (HDPIP) funding for the installation of three
outdoor interpretive signs and a concrete walk within the farm campus of Four Mounds.
Suggested Disposition: Receive and File; Approve
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Four Mounds Ur
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Signs - HPC Ur
Signs - Staff Report
9. Historic District Public Improvement Program - Four Mounds Archeological
Survey
Historic Preservation Commission recommending City Council approval of $2,304.06 of
HDPIP funding for the Phase I Intensive Archeological Survey and Evaluation on the
cultured grounds of Four Mounds.
Suggested Disposition: Receive and File; Approve
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Four Mounds - HPC
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Survey - Four
Mounds Ur
Four Mounds Project
Area
Survey - Staff
Report
10. Historic Sites Preservation Grant Application
City Manager recommending approval of the submission of a grant application for
$55,250 from the Historic Sites Preservation Grant program for rehabilitation of the
White Water Creek Bridge and authorizing the use of the Bridge Maintenance CIP as
the source of the required local match.
RESOLUTION Authorizing an application to the Historic Sites Preservation Grant
Program for the White Water Creek Bridge
Suggested Disposition: Receive and File; Adopt Resolution
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Bridge - MVM Merro Bridge - Staff Merro Bridge - Resolution Bridge - Aerial Map Bridge Drawing Bridge - Relocation
Map
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Brdge - Budget
Estirrete
Bridge - Grant
Application
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11. Operating Engineers' Collective Bargaining Agreement
City Manager recommending approval of an amendment to the collective bargaining
agreement with the International Union of Operating Engineers, Local #758, that would
provide for a work week that consists of ten hours per day/four days per week for full-
time Public Safety Dispatchers.
Suggested Disposition: Receive and File; Approve
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Arrendrrent - MVM
Merrn
Arrendrrent - Staff
Merrn
Arrendrrent
12. Utility Expense and Cost Analysis Study
City Manager recommending approval of a Management Consulting Service Agreement
with Springsted, Inc. to conduct a Utility Expense and Cost Analysis Study.
RESOLUTION Approving the Agreement for Management Consulting Services between
the City of Dubuque, Iowa, and Springsted, Inc. for the Public Utility Expense and Cost
Analysis Study
Suggested Disposition: Receive and File; Adopt Resolution
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Utility - MVM Merrn
Utility - Staff Merrn
Utility - Resolution
Utility - Agreerrent
13. Lower Main Development, LLC
City Manager recommending approval of a Downtown Rehabilitation Loan in the
amount of $300,000 to Lower Main Development, LLC for rehabilitation of the former
Weber Paper Building located at 137 Main Street.
RESOLUTION Authorizing the completion of a Downtown Rehabilitation Loan to Lower
Main Development LLC
Suggested Disposition: Receive and File; Adopt Resolution
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Lower Main - MVM Lower Main - Staff
Memo Memo
Lower Main -
Resolutkm
Lower Main -
Prorrissory Note
Lower Main - Rehab
Loan
Lower Main-
Mortgage
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14. Establishment of Fair Market Value
City Manager recommending that the fair market value for property located at 1721 Elm
Street be established at Forty-Eight Thousand Dollars ($48,000).
RESOLUTION Establishing the Fair Market Value of real property owned by Troy
Hansen located at 1721 Elm Street in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
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Value - MVM Merro
Value - Staff Merro
Value - Resolution
15. Asbury Plaza Area Lift Station and Force Main Project
City Manager recommending approval of the selection of IIW Engineers and Surveyors,
P.C. to perform engineering services for the Asbury Plaza Area Lift Station and Force
Main Project at a cost of $49,000.
Suggested Disposition: Receive and File; Approve
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un Station - MVM Uft Station - Staff Asbury Plaza un Uft Station - Exhibt Asbury Plaza Uft Asbury Piaza
Merro Merro Station RFP A Station CIP Feasibility Report
16. Relocation Services for Bee Branch Realignment Project
City Manager recommending approval of a contract with the East Central
Intergovernmental Association for services in connection with residential acquisitions
and relocations for the Bee Branch Realignment Project.
RESOLUTION Approving a contract with the East Central Intergovernmental
Association for acquisition and relocation assistance services
Suggested Disposition: Receive and File; Adopt Resolution
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Bee Branch - MVM
Merro
Bee Branch - Staff
Merro
Bee Branch-
Resolution
Bee Branch - ECIA
Proposal
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17. Telecommunications Carrier Assessment Study
City Manager recommending approval of the selection of RSM McGladrey to complete a
Telecommunications Carrier Assessment Study in cooperation with the County of
Dubuque.
Suggested Disposition: Receive and File; Approve
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Study - MVM Merro
Study - Staff Merro
RSM McGladrey
Proposal
18. Siegert Farm Lease Extension
City Manager recommending approval to enter into a one-year lease extension on the
north farm (Middle Road) and a three-year lease extension on the south farm (Cousins
Road) with William and Janet Siegert.
RESOLUTION Approving a farm lease with William and Janet Siegert
Suggested Disposition: Receive and File; Adopt Resolution
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Siegert - MVM Merro Sek;jert - Staff Merro Sek;jert - Resolution Siegert - Arrendrrent Siegert - Farm Lease
to Lease
19. Safe Roads to School Grant
Communication from Elizabeth Bonz, City Administrator of the City of Asbury,
requesting approval of a resolution of support for the Intersection Improvement Project
to assist the City of Asbury in obtaining funds from the Safe Roads to School Grant.
RESOLUTION Expressing support for the City of Asbury Intersection Improvement
Project
Suggested Disposition: Receive and File; Adopt Resolution
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Asbury Ltr
Asbury - Resolution
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20. Residential Parking Permit District
Communication from Mr. Shannon Mussman submitting a petition requesting that
Hansel Drive be designated as a Residential Parking Permit District.
Suggested Disposition: Receive and File; Refer to City Manager
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RPPD Request
21. Request to Purchase
Communication from Stephen J. Schmall, Vice President for Finance and Administration
Services - Loras College, requesting to purchase a portion of the City alley abutting their
property.
Suggested Disposition: Receive and File; Refer to City Manager
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Loras College
Request
22. Pandemic Influenza Plan
City Manager submitting the Dubuque County Pandemic Influenza Plan for City Council
review.
Suggested Disposition: Receive and File
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Plan - MVM Merro
Plan - Staff Merro
Panderric Influenza
Plan
23. Mediacom System Upgrade
City Manager recommending that the City Council receive and file a Mediacom notice
that they intend to begin their upgrade of the Dubuque cable system in mid-September.
Suggested Disposition: Receive and File
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Mediacom - MVM
Merro
Mediacom - Staff
Merro
Mediacom Ur
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24. Iowa Department of Public Health (IDPH) Childhood Lead Poisoning Funding and
Agreement with the Visiting Nurse Association (VNA) and the Dubuque County
Board of Health
City Manager recommending execution of a contract with the Dubuque County Board of
Health for continued funding of the Childhood Lead Poisoning Prevention Program
(CLPPP) and a renewed agreement with the Visiting Nurse Association (VNA) for
services related to the CLPPP.
Suggested Disposition: Receive and File; Approve
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IDHP - MVM Merro IDPH - Staff Merro Subcontract w~h VNA Agreerrent
County
IDPH Contract
25. Dubuque Screw Products
Communication from James E. Goodman, Jr., representing Dubuque Screw Products,
requesting approval of the assignment of the Development Agreement between the City
of Dubuque and Dubuque Screw Products to Beck Construction.
Suggested Disposition: Receive and File; Refer to City Manager
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Dubuque Screw
Products Ltr
Assignrrent of Dev
Agr
26. Contracts
City Manager advising that he has signed the following contracts:
-- Roadway Maintenance Agreement
-- Encephalitis Monitoring Memorandum of Understanding with the Iowa Department of
Public Health Amendment
-- Asbury Road Culvert and Garfield Street Manhole Repairs
Suggested Disposition: Receive and File
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Contracts - MVM Maintenance Encephal~is MOU Asbury Road
Merro Agreerrent
27. Improvement Contracts I Performance, Payment and Maintenance Bonds
-- National Mississippi River Museum and Aquarium Expansion Project - Former
Adams Company Building Re-Roof and Structural Repairs Project
-- Paint Ham House Trim Project
Suggested Disposition: Receive and File
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River Museum
Contract
Paint Ham House
Project
28. Liquor License Transfer
Request of Chad Witthoeft, Isabella's at the Ryan House, requesting to transfer his
liquor license to 1000 Jackson Street for Voices for the Art on September 17, 2006.
Suggested Disposition: Receive and File; Approve
29. Business License Refund
Request of Laurie Vigen, The Avenew Sports Bar, for a refund of the liquor license in
the amount of $633.75.
Suggested Disposition: Receive and File; Approve Refund
30. Business Licenses
RESOLUTION Granting the issuance of three renewal permits to sell cigarettes and
cigarette papers within the City
RESOLUTION Granting the issuance of a Class "B" Beer (5-Day Special Event) Permit
to Carlos O'Kelly's; Class "B" Beer Permit to Taqueria Mexico; and Class "C" Beer
Permit to Wal-Mart Super Center, Phillips 66/Arbys, Kwik Stop Food Mart, and Family
Mart
RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Europa
House, Angie's Bar, Lucky 13 Tap, Grand River Center, Red Robin Burgers and Rudy's
Tacos; Class "B" Wine Permit to Wal-Mart Super Center; and a Class "WBN" Wine
Permit to Mandolin Inn
Suggested Disposition: Adopt Resolutions
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Poke Reports
ResolutKln # 1
Resolution #2
Resolution #3
ITEMS TO BE SET FOR PUBLIC HEARING
1. Eagle Point Park Roofing Projects
City Manager recommending initiation of the public bidding process for the Eagle Point
Park Roofing Projects and that a public hearing be set for October 2, 2006.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Setting date of hearing on plans and specifications
RESOLUTION Ordering bids
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Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
1 0/2/06
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Eagle Point - MVM
Merro
Eagle Point - Staff
Merro
Eagle Point -
Resolutions
2. Individual Historic Designation - 565 Fenelon Place
Communication from the Long Range Planning Advisory Commission recommending
that a public hearing be set for November 6, 2006 to consider approval of the Individual
Historic Designation of 565 Fenelon Place.
Suggested Disposition: Receive and File; Public Hearing 11/6/06
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S65 Fenelon - LRPAC 565 Fenelon - Staff 565 Fenelon -
lir Merro Application
State Inventory S65 Fenelon - VICinity 565 Fenelon - Sstaff
Form Map Report
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Individual 565 Fenelon - Photo S65 Fenelon - Photo 565 Fenelon - Photo 565 Fenelon - Photo 565 Fenelon - Photo
Designation Ord #1 #2 #3 #4 #5
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565 Fenelon - Photo
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BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Airport Commission (One four-year term through 9/14/10 - Term of Accinelli)
Applicants: Steven R. Accinelli, Eric R. Savage
Environmental Stewardship Advisory Commission (One vacant three-year term through
10/1/09)
Applicant: Gayle Casel
Historic Preservation Commission (One unexpired three-year term through 7/1/08 - Old
Main District and one unexpired three-year term through 7/1/08 - Langworthy District)
Applicant: Keisha Wainwright - Langworthy District
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Overview Sheet Bd and Corrrn Ust Airport Applications ESAC Application HPC Application
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PUBLIC HEARINGS
SUSPEND THE RULES
1. Loras College - Request to Vacate
Proof of publication of notice of hearing to consider a request from Loras College to
vacate and purchase a portion of a City-owned alley between West 16th Street and
West 1 ih Street west of Catherine Street and City Manager recommending approval.
RESOLUTION Approving plat of proposed vacating of the westerly thirty feet of the
alley between West 16th Street and West 17th Street west of Catherine Street
RESOLUTION Vacating the westerly thirty feet of the alley between West 16th Street
and West 1ih Street west of Catherine Street
RESOLUTION Disposing of City interest in Lot 44A of Yates' Subdivision of Outlots 780
and 713 in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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Loras - MVM Merro
Loras - Staff Merro
loras - Resolutions
Loras - Qu~ Claim
Deed
Material from August 21, 2006 City Council Meeting
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loras - MVM Merro
Loras - Staff Merro
Loras - Resolution
Loras - Vicinity Map
Loras - Plat of
Survey
Loras College Ur
2. Vacate Unnamed Road Off of Rosedale Avenue
Proof of publication of notice of hearing to consider vacating a portion of an unnamed
street off of Rosedale Avenue and City Manager recommending approval.
RESOLUTION Approving plat of Lot D and Lot E of Rosedale Addition NO.2 in the City
of Dubuque, Dubuque County, Iowa, being the proposed vacating of an unnamed road
south of Rosedale Avenue near Glen Oak Street in the City of Dubuque, Dubuque
County, Iowa
RESOLUTION Approving plat of Lot F and Lot G of Rosedale Addition NO.2 in the City
of Dubuque, Dubuque County, Iowa, being the proposed vacating of an unnamed road
south of Rosedale Avenue near Glen Oak Street in the City of Dubuque, Dubuque
County, Iowa
RESOLUTION Vacating an unnamed road south of Rosedale Avenue near Glen Oak
Street in the City of Dubuque, Dubuque County, Iowa
RESOLUTION Disposing of City interest in Lots D, E, F and G of Rosedale Addition No.
2 in the City of Dubuque, Dubuque County, Iowa
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Suggested Disposition: Receive and File; Adopt Resolution
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Rosedale - MVM
Merro
Resedale - Staff
Merro
Rosedale -
Resolutions
Rosedale - Qu~ Claim
Deeds
Material from August 21, 2006 City Council Meeting
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Rosedale - MVM Rosedale - Staff Rosedale - Rosedale - VlCin[y Rosedale - Plats of
Merro Merro Resolution Map Survey
3. Fourth Street Extension Vacating
Proof of publication of notice of hearing to consider vacating the Fourth Street Extension
to reconstruct the street in this area to provide access to the Shot Tower and parking
areas adjacent to the Brewery and City Manager recommending approval.
RESOLUTION Approving plat of proposed vacating of Fourth Street Extension
RESOLUTION Vacating Fourth Street Extension
Suggested Disposition: Receive and File; Adopt Resolution
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Fourth St - MVM
Merro
Fourth St - Staff
Merro
Fourth St -
Resolutions
Material from August 21, 2006 City Council Meeting
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4th Street - MVM 4th Street - Staff 4th Street - 4th Street - Viein[y 4th Street - Plat of
Merro Merro Resolution Map Survey
4. Highway 20 Landscaping - Phase II Project
Proof of publication of notice of hearing to consider adoption of the plans and
specifications for the Highway 20 Landscaping - Phase II Project and City Manager
recommending award of the contract to Smith Seeding in the amount of $240,657.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract
RESOLUTION Approving construction contract with Smith Seeding for the Highway 20
Landscaping - Phase II Project
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Suggested Disposition: Receive and File; Adopt Resolutions
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Hwy 20 - MVM Merro
Hwy 20 - Staff Merro
Hwy 20 - Resolutions
Material from July 5, 2006 City Council Meeting
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Hwy 20 - MVM Merro
Hwy 20 - Staff Merro
Hwy 20 - Resolutions
5. US 20 (Devon Drive to Menards) Capacity Improvements Project
Proof of publication of notice of hearing to consider adoption of the plans and
specifications for the US 20 (Devon Drive to Menards) Capacity Improvements Project
and City Manager advising that the only bid received was incomplete and therefore the
project will be re-bid later this year.
RESOLUTION Rejecting the contract bid proposal for the US 20 (Devon Drive to
Menards) Capacity Improvements Project - Phase I Traffic Signal and Intelligent
Transportation System Improvements (STP-A-020-9(186)-22-31)
Suggested Disposition: Receive and File; Adopt Resolution
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US 20 - MVM Merro
US 20 - Staff Merro
US 20 - Resolution
Material from August 7,2006 City Council Meeting
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US 20 - MVM Merro
US 20 - Staff Merro
US 20 - Resolutions
6. Loras Boulevard Traffic Signalization Replacement Project
Proof of publication of notice of hearing to consider adoption of the plans and
specifications for the Loras Boulevard Traffic Signalization Replacement Project and
City Manager recommending award of the contract to Portzen Construction, Inc., in the
amount of $282,680.25.
RESOLUTION Adopting plans and specifications
RESOLUTION Awarding contract
RESOLUTION Approving construction contract with Portzen Construction, Inc. for the
Loras Boulevard Traffic Signalization Replacement Project
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Suggested Disposition: Receive and File; Adopt Resolutions
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Loras Blvd - MVM
Merro
Loras Blvd - Staff
Merro
Loras Blvd -
Resolutions
Loras Blvd - Bid Tab
Material from August 7,2006 City Council Meeting
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Loras - MVM Merro
Loras - Staff Merro
Loras - Resolutions
REINSTATE THE RULES
ACTION ITEMS
1. Dubuque Main Street, Ltd.
Dan LoBianco, Dubuque Main Street, Ltd., to provide verbal quarterly report.
Suggested Disposition: Receive and File
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DMSL - Quarterly
Report
2. Request to Address the City Council
Request of Tara Winger regarding discrimination in housing.
Suggested Disposition: Receive and File; Council
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Winger Ltr
3. Architectural Services for Federal Building
City Manager recommending approval to enter into an agreement with Neumann
Monson Architects to provide design services for the Federal Building project in the
amount of $118,580.
RESOLUTION Approving an agreement with Neumann Monson Architects for services
related to the design and adaptive reuse of the Federal Building
Suggested Disposition: Receive and File; Adopt Resolution
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Federal B1dg - MVM
Merro
Federal B1dg - Staff
Merro
Federal Bldg -
Resolution
Neumann Monson
Proposal
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4. America's River Corporation
City Manager recommending approval of a contribution of up to $5,000 toward the
deficit of the 2006 America's River Festival based on a request from Jerry Enzler, Chair
of America's River Corporation.
Suggested Disposition: Receive and File; Approve
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Arrericas River -
MVM Merro
Enzler Ltr
Arrerica's River
By-Laws
Arrerica's River -
2003 Merros
5. Municipal Infraction Penalties
City Manager recommending approval of an ordinance amending the City of Dubuque
Code of Ordinances to increase the amount of the penalties for civil infractions.
ORDINANCE Amending the City of Dubuque Code of Ordinances Section 1-16
Penalties for Civil Infractions by increasing the amount of the penalties
Suggested Disposition: Receive and File; Motion B; Motion A
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Infractions - MVM
Merro
Infractions - Staff
Merro
Infractions -
Ordinance
Suggested Motion
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
August 31, 2006
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