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12 6 04 Agenda No Icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, DECEMBER 6,2004 INVOCATION Gary McAlpin, Center Grove and Rockdale United Methodist Churches PROCLAMATION Human Rights Day (December 10, 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 10/25; Cable TV Regulatory Commission of 11/10; Cable TV Teleprogramming Commission of 11/9; City Council of 11/10 and 11/15; Electrical Board of 11/8; Five Flags Commission of 9/20 and 10/18; Historic Preservation Commission of 11/18; Housing Commission of 10/26; Housing Trust Fund Committee of 11/23; Library Board of 10/18; Mechanical Board of 11/2; Park and Recreation Commission of 11/9; Zoning Board of Adjustment of 11/18 Proof of publication of City Council Proceedings of November 1 and November 10, 2004 and List of Claims and Summary of Revenues for month ending October 31, 2004 (On file in the City Clerk's Office) Printed City Council Proceedings of October, 2004 Suggested Disposition: Receive and File; Approve as Printed 2. Notice of Claims/Suits James Bauerly for property damage; Ronald Hendricks for vehicle damage; Steven Kelly for vehicle damage; Richard and Connie Neumann for negligence 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: Amy Boekholder for personal injury; Ronald Hendricks for vehicle damage; Steve Kelly for vehicle damage; Richard and Connie Neumann for negligence; Theresa Sawvell for vehicle damage; Greg Tuthill for vehicle damage Corporation Counsel recommending settlement of the claim of Bernard C. Bockes for vehicle damage and directing the Finance Department to issue payment. Suggested Disposition: Receive and File; Concur; Finance Departmentto Issue Payment 3. Request to Purchase City-Owned Property Request of Harry and Mary Althaus to purchase an easement they had previously sold to the City for construction of Tanzanite Drive. Suggested Disposition: Receive and File; Refer to City Manager 4. Human Rights Ordinance Communication from Fred F. Ertl, III, urging the City Council to vote no on the initiative to include sexual orientation into the City Code of Ordinances. Suggested Disposition: Receive and File 5. Tax Assessment Appeal - Stipulation of Settlement Corporation Counsel submitting a Stipulation of Settlement of a tax assessment appeal by Lynn M. McCullough. 6. 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's Office of Healthy Homes and Lead Hazard Control requesting assistance and partnership to establish the City of Dubuque as a Safe and Healthy Homes Community. Communication from Housing and Community Development Director David Harris to the U.S. Department of Housing and Urban Development volunteering Dubuque as one of twenty-five sites to assist in development a revitalization strategy. Suggested Disposition: Receive and File; Approve 7. Roosevelt Road Phase II Water Main Extension Project City Manager recommending acceptance of the Roosevelt Road Phase II Water Main Extension Project as completed by McClain Excavating Co., Inc., in the final contract amount of$88,216.19. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions 2 8. 9. 10. 11. 12. Substance Abuse Services Center Communication from Diane K. Thomas, Executive Director of Substance Abuse Services Center, requesting financial support for their Fiscal Year 2005 program. Suggested Disposition: Receive and File; Refer to City Manager Carter Road Detention Basin Project City Manager recommending acceptance of the Carter Road Detention Basin Project as completed by Tschiggfrie Excavating, Inc., in the final contract amount of $749,060.88. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount Suggested Disposition: Receive and File; Adopt Resolutions Madison Street Sanitary Sewer Extension Project City Manager recommending acceptance of the Madison Street Sanitary Sewer Extension Project as completed by Top Grade Excavating in the final contract amount of $90,484.50 and approving the preliminary schedule of final assessments. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount RESOLUTION Approving preliminary schedule of final assessments Suggested Disposition: Receive and File; Adopt Resolutions Loras Boulevard Historic Lighting Project City Manager recommending acceptance of the Loras Boulevard Historic Lighting Project as completed by Westphal & Company, Inc., in the final contract amount of $105,180.08. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount Suggested Disposition: Receive and File; Adopt Resolutions 2004 Curb Ramp Installation - CDBG #1 Project City Manager recommending acceptance of the 2004 Curb Ramp Installation - CDBG #1 Project as completed by Kluck Construction in the final contract amount of $32,168.50. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount Suggested Disposition: Receive and File; Adopt Resolutions 3 13. 14. 15. 16. 17. 18. Dubuque Racing Association City Manager recommending approval of the request from the Dubuque Racing Association to construct an additional storage facility near the dog kennels. Suggested Disposition: Receive and File; Approve White Water Creek Bridge - Grant Agreement City Manager recommending approval of an agreement with the State Historical Society of Iowa for a Historic Resource Development Program (HRDP) grant for relocation of the White Water Creek Bridge. RESOLUTION Approving a Historic Resource Development Program Grant Agreement for Relocation of the White Water Creek Bridge Suggested Disposition: Receive and File; Adopt Resolution Heritage Trail Interpretive Signs - Grant Agreement City Manager recommending approval of an agreement with the State Historical Society of Iowa for a Historic Resource Development Program (HRDP) grant for the third phase in the development of interpretive signs for the Heritage Trail Riverfront System. RESOLUTION Authorizing Grant Agreement for HRDP funds for Heritage Trail Interpretive Signs Suggested Disposition: Receive and File; Adopt Resolution Save America's Treasures Grant Agreement - Shot Tower City Manager recommending approval of a $295,000 Save America's Treasures grant agreement to stabilize and rehabilitate the Shot Tower. RESOLUTION Approving a Save America's Treasures Grant Agreement to stabilize and rehabilitate the Shot Tower Suggested Disposition: Receive and File; Adopt Resolution Restore-O-Rama Workshop Communication from the Historic Preservation Commission advising that the Midwest Office of the National Trust for Historic Preservation (NTHP) has asked the City to host a Restore-O-Rama Workshop to be held in May, 2005. Suggested Disposition: Receive and File Project Concern Purchase of Service Agreement Amendment City Manager recommending approval of an amendment to the Purchase of Service Agreement with Project Concern to provide for completion of the Downtown Resource Guide by December 31,2004. Suggested Disposition: Receive and File; Approve 4 19. 20. 21. 22. 23. 24. Section 8 Housing Program Assessment City Manager advising that the City's Section 8 Housing Project has received a High Performance Rating from the U.S. Department of Housing and Urban Development. Suggested Disposition: Receive and File West 32nd Street Detention Basin Request for Proposals City Manager recommending approval of the issuance of a Request for Proposals (RFP) for design services for the West 32"d Street Detention Basin project. Suggested Disposition: Receive and File; Approve Grand Excursion 2004 Report from the Dubuque Area Chamber of Commerce regarding the success of the Grand Excursion 2004. Suggested Disposition: Receive and File Dubuque Area Workforce Recruitment Campaign Communication from Steward Sandstrom regarding the Dubuque Area Workfroce Recruitment Campaign. Suggested Disposition: Receive and File Zoning Board of Adjustment Planning Services Manager Laura Carstens advising that Bill Felderman has resigned from the Zoning Board of Adjustment due to time conflicts. Suggested Disposition: Receive and File Highway 32 (Southwest Arterial) Consultant Contract City Manager recommending approval of the Consultant Contract Scope of Services and the associated cost proposal for the Highway 32 (Southwest Arterial) design and approaching the Dubuque County Board of Supervisors and DMATS for funding assistance. RESOLUTION Approving the Consultant Scope of Services and the associated cost proposal on behalf of Earth Tech, Inc. to complete preliminary engineering design services for the improvement of Iowa Highway 32 (Southwest Arterial) RESOLUTION Authorizing the City Manager to request additional funding through the Dubuque Metropolitan Area Transportation Study (DMA TS) and to request that Dubuque County participate in the local match to fund the preliminary engineering design services for the improvement of Iowa Highway 32 (Southwest Arterial) Suggested Disposition: Receive and File; Adopt Resolutions 5 25. 26. 27. 28. 29. 30. Traffic Signal Removal-16th and Sycamore Streets City Manager recommending approval of the removal of traffic signals at 16th and Sycamore Streets. RESOLUTION Requiring the removal of the traffic signal at 16th and Sycamore Streets Suggested Disposition: Receive and File; Adopt Resolution Human Rights Commission Annual Report City Manager transmitting the 2004 Human Rights Commission Annual Report. Suggested Disposition: Receive and File Government Performance and Results Act (GPRA) Annual Products Report City Manager transmitting the 2004 Government Performance and Results Act (GPRA) Annual Products Report. Suggested Disposition: Receive and File Iowa League of Cities Communication from the Iowa League of Cities requesting that the City Manager serve on the League's Policy Committee. Suggested Disposition: Receive and File; Approve Citizen Communication Communication from Dave Meyers, 835 Council Hill Drive, regarding the intersection of Highway 20/John F. Kennedy Road/Cedar Cross Road. Suggested Disposition: Receive and File; Refer to City Manager Business Licenses RESOLUTION Granting the issuance of a Class "C" Beer Permit to Big 1 0 Mart, Kwik Stop Food Mart (4039 Pennsylvania), and Kwik Stop Food Mart (2320 Hwy 61) RESOLUTION Granting the issuance of a Class "B" (Hotel/Motel) Liquor License to Julien Inn, Holiday Inn Dubuque Five Flags, and Hoffman House/31 00 Club; a Class "C" Beer/Liquor License to Andaluz, Instant Replay, Cue Master Billiards, The White House, Pepper Sprout, and The Moracco; and a Class "B" Native Wine Permit to the Dubuque Area Chamber of Commerce Suggested Disposition: Adopt Resolutions 6 ITEMS TO BE SET FOR PUBLIC HEARING 1. Historic Preservation Revolving Loan Fund - $200,000 General Obligation Capital Loan Note City Manager recommending that a public hearing be set for December 20, 2004 to consider approval of an offer by Premier Bank to provide $200,000 to the City for ten years, interest free, for the Historic Preservation Revolving Loan Fund, financed with a $200,000 General Obligation Capital Loan Note. RESOLUTION Fixing date for a meeting on the proposition of the issuance of a $200,000 General Obligation Capital Loan Note of Dubuque, Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 12/20/04 2. 2004 Sanitary Sewer Lining Project - Initiate City Manager recommending initiation of the public bidding process for the 2004 Sanitary Sewer Lining Project and recommending that a public hearing be set for January 17, 2005 on adoption of the plans and specifications and award ofthe contract. 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 1/17/05 3. Highway 20 Sanitary Sewer Extension Project - Initiate City Manager recommending initiation of the public bidding process for the Highway 20 Sanitary Sewer Extension Project and recommending that a public hearing be set for January 17, 2004 on adoption of the plans and specifications and award of the contract. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Of Necessity RESOLUTION Fixing date of hearing on Resolution of Necessity RESOLUTION Approving preliminary schedule of assessments RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Pubic Hearing 1/17/05 7 4. Harvest View Park Construction Project - Initiate City Manager recommending initiation of the public bidding process for the Harvest View Park Construction Project and recommending that a public hearing be set for January 17, 2004 on adoption of the plans and specifications and award of the contract. 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 1/17/05 BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commissions: Human Rights Commission (One Unexpired 3-Year Term Through 1/1/07; Three 3-Year Terms Through 1/1/07 - Terms of Murray, Oswald and Ross) Applicants: James Jarrard, Gary McAlpin, Lou Oswald, Bill Ross Arts and Cultural Affairs Commission: (1) Four Three-Year Terms Through 6/30/07 - Arts Knowledge/Interest (2) Two Two-Year Terms Through 6/30/06 - Business/Professional (One Applicant Must LivelWork Within District) (3) One Two-Year Term Through 6/30/06 - At Large Applicants - Arts Knowledge/Interest: Ken Bichell, Catherine Goodman, Richard Hall, Carla Heathcote, Ellen Henkels, Louise Kames, Jane Kenworthy, Paul Kohl, loana Mamali, Michele McKinlay, Walter Peterson, Gene Perry, Susan Riedel, Geri Shafer, John Tilton, Mark Wahlert, Vincent Williams, John Woodin Applicants - Business/Professional (One Applicant Must LivelWork Inside District): Inside District: Mirdza Berzins, William Intriligator, Louise Kames, Amy Link, John Tilton Outside District: Catherine Goodman, Jim Grady, Ellen Henkels, Cheryl Jacobsen, David Kessler, Karen Ridings Applicants - At Large: Rebecca Fabricius, Catherine Goodman, Jim Grady, Ellen Henkels, Louise Kames, David Kessler, Susan Riedel, John Tilton 8 PUBLIC HEARINGS SUSPEND THE RULES 1. Transit Fare Increase Proof of publication on notice of hearing 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 and City Manager recommending approval. Suggested Disposition: Receive and File; Approve 2. Twelfth Street - Request to Vacate Proof of publication on notice of hearing to consider a request from the Dubuque Community School District for the vacating and disposal of a portion of 1ih Street between Central Avenue and White Street and the adjacent alley from 11 th Street to 13th Street and City Manager recommending approval. Communication from John Burgart, Superintendent of Schools, advising that the Dubuque Community School District will be responsible for the relocation of public utilities on the proposed vacated 12th Street and the adjacent alley between 11 th and 13th Streets between Central Avenue and White Streets. Communication from Gene Sands, 1516 Central Avenue, in opposition to the closing of 1 ih Street. RESOLUTION Approving a plat of proposed vacated 1ih Street between Central Avenue and White Street and the adjacent alley from 11 th Street to 13th Street ORDINANCE Vacatin~ 12th Street between Central Avenue and White Street and the adjacent alley from 11 Street to 13th Street RESOLUTION Disposing of City interest in part of 1 ih Street between Central Avenue and White Street and the adjacent alley from 11 th Street to 13th Street in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Motion B; Motion A; Adopt Resolutions 3. Southgate Center Second Addition - Request to Vacate Proof of publication on notice of hearing to consider vacating and disposing of a twenty- foot wide utility easement over and across Lot 1 of 1 of Southgate Center Second Addition as requested by IIW Engineers & Surveyors, PC and City Manager recommending approval. RESOLUTION Disposing of City interest and vacating a 20-foot wide utility easement over Lot 1 of 1 of Southgate Center Second Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution 9 REINSTATE THE RULES ACTION ITEMS 1. Proceedings to Acquire Vacant and Abandoned Property - 409 Burch Street City Manager recommending approval to petition the District Court to enter judgment for a vacant and abandoned home located at 409 Burch Street and awarding title of the property to the City. 2. Suggested Disposition: Receive and File; Approve Stonehill Sidewalk Removal Request (Tabled at Meeting of November 1, 2004) City Manager recommending approval of an agreement which permits Stonehill Community Association to remove the public sidewalk on their property abutting Windsor Avenue with the understanding that it will be replaced upon development of the abutting property. Suggested Disposition: Remove from Table; Receive and File; Approve 3. North Grandview Estates - Final Plat City Manager recommending approval of the final plat of Lots 1 through 40, inclusive, and Lot A of North Grandview Estates and further recommending that the property owners extend City utilities, including the installation of a sanitary sewer main, to future development of adjoining property. RESOLUTION Approving the final plat of Lots 1 through 40, inclusive, and Lot A of North Grandview Estates in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution; Approve 4. Designation of "No Parking" Area City Manager recommending approval of the designation of a "No Parking" area in the alley that extends from Nevada Street east toward Alpine Street and south to West 3rd Street. ORDINANCE Amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa prohibiting parking on designated streets or portions thereof adding the alley from Nevada Street to West Third Street Suggested Disposition: Receive and File; Motion B; Motion A 10 5. MidAmerica Housing Partnership Application City Manager recommending approval of a resolution of support for the MidAmerica Housing Partnership's application to the Department of Economic Development for HOME Program funds for construction of affordable town homes in Eagle Valley Subdivision. RESOLUTION Of support for the construction of affordable single family town homes in the Eagle Valley Subdivision Suggested Disposition: Receive and File; Adopt Resolution 6. American Public Works Association City Manager advising that Operations and Maintenance Street and Sewer Maintenance Supervisor John Klostermann has received the American Public Works Association Iowa "Leader of the Year" award. Suggested Disposition: Receive and File 7. Fiscal Year 2006 Budget Hearing Schedule City Manager recommending approval of the Fiscal Year 2006 budget hearing schedule. 8. Suggested Disposition: Receive and File; Approve Fiscal Year 2006 Policy Guidelines City Manager recommending approval of the Policy Guidelines for the Fiscal Year 2006 budget. 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 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 December 2, 2004 11