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1 3 05 Agenda with Icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, JANUARY 3, 2005 INVOCATION Sister Lynn Wagner, Director of the Dubuque Food Pantry PROCLAMATION Martin Luther King, Jr. Days (January 16 and 17, 2005) ~ Martin Luther King Days 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 12/20; Housing Commission of 11/23; Library Board of 11/18; Plumbing Board of 12/15 Proof of publication on List of Claims and Summary of Revenues for month ending November 30, 2004 and City Council Proceedings for December 6 and 13, 2004 Library Board of Trustees Update from Meeting of December 16, 2004 Suggested Disposition: Receive and File ~ fZ.fJ: fi[J ~ ~ City Council Housing Ubrary Bel PluntJing Bel Ubrary Update 2. Notice of Claims/Suits Area Residential Care for property damage; Lori Burrows for personal injury; Patricia Morrison for personal injury; Nicole Pollard for vehicle damage; Donald Small for property damage; Eric Wilson for vehicle damage Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Donald Small for property damage Suggested Disposition: Receive and File; Concur ø Claim; - ICAP 3. Citizen Communications Communication from Chris and Tim Olson, 1090 Grove Terrace, in support of the proposed amendment to add sexual orientation to the City's nondiscrimination code. Communication from Brad Smith, Cambridge TEMPositions, in opposition to the proposed amendment to add sexual orientation to the City's nondiscrimination code. Suggested Disposition: Receive and File Ei rjJ Olson Ltr Srrith Ltr 4. Iowa Department of Transportation Communication from the Iowa Department of Transportation advising that IDOT proposes to let bridge washing projects for the Julien Dubuque Bridge and City Island Bridge over the Mississippi River, and the Peosta Channel Bridge over 16th Street and Kerper Boulevard. Suggested Disposition: Receive and File t1t lOOT Ltr 2 5. Iowa Department of Economic Development Communication from the Iowa Department of Economic Development advising that the City's HOME Investment Partnership program contract has been amended by extending the funding agreement expiration date as requested by the City. Suggested Disposition: Receive and File t1t IDED Ltr 6. Four Mounds Foundation City Manager recommending approval of the request of the Four Mounds Foundation for support of a grant application to the State Historical Society for restoration of the Porte Cochere at the historic Grey House. Suggested Disposition: Receive and File; Approve ~ t1t Four Mounds - MVM Merro Four Mounds Ltr 7. School Resource Officer Agreement with Dubuque Community Schools City Manager recommending approval of an agreement between the Police Department and the Dubuque Community School System regarding the duties and responsibilities of the Dubuque Police School Resource Officers. Suggested Disposition: Receive and File; Approve ~ ~ rr1ì sRD - MVM Merro sRO - Staff Merro sRO AgreelTent 8. Dubuque Racing Association City Manager recommending approval of the Dubuque Racing Association's increased loan amount from $22,000,000 to $25,000,000 to meet the projected needs of the casino expansion project and related equipment purchases. Suggested Disposition: Receive and File; Approve ~ ø DRA - MVM Merro DRA Material 3 9. 10. 11. 12. Fengler Street Bridge Improvement Project City Manager recommending approval of the Fengler Street Bridge Improvement Project as completed by Taylor Construction, Inc. in the final contract amount of $1,147,078.75. RESOLUTION Accepting improvement RESOLUTION Approving final contract amount Suggested Disposition: Receive and File; Adopt Resolutions B[J ~ ~ rr1ì b"[û Bridge - MVM Merro Bridge - Staff Merro Bridge - Resolution Bridge - Resolution #1 #2 Bridge - Final PaYlTent Form Iowa Mutual Aid Compact (IMAC) City Manager recommending approval of an Iowa Mutual Aid Compact (I MAC) which is a formal agreement between governmental bodies to share resources in times of man- made and natural disasters. RESOLUTION Adopting the Iowa Mutual Aid Compact (Iowa Code §29C.22) Suggested Disposition: Receive and File; Approve ~ B[J ~ ~ lMAC - MVM Merro lMAC - Resolution ¡MAC - Staff Merro ¡MAC AgreelTent NOAA Weather Radio Grant City Manager recommending approval of a certification letter which will allow the City to continue with a distribution plan of NOAA weather radios received through a federal grant that meets the needs of the community. Suggested Disposition: Receive and File; Approve ~ ~ ø NOAA - MVM Merro NOAA - Staff Merro NOAA - State Ltr Stealth Race Car Property City Manager recommending establishment of the fair market value of the Terrance J. and Linda Weidemann (Stealth Race Cars) property in the Port of Dubuque at the appraised value of $221 ,000. RESOLUTION Establishing the fair market value of certain real property owned by Terrance J. and Linda Weidemann in the City of Dubuque, Iowa 4 13. 14. 15. Suggested Disposition: Receive and File; Adopt Resolution ~ ~ b"[û stea~h - MVM Merro stea~h - Staff Merro stea~h - Resolution RISE Agreement - Bergfeld Farm/Chavenelle Road Extension Project City Manager recommending approval of a Project Agreement with the Iowa Department of Transportation for a RISE Project in the amount of $1 ,258,574, or 50% of total RISE eligible project costs, whichever is less, for the Chavenelle Road Connection project. RESOLUTION Approving an agreement for RISE project funding with the Iowa Department of Transportation relating to the connection of Chavenelle Road through the Dubuque Industrial Center West 3rd Addition Suggested Disposition: Receive and File; Adopt Resolution ~ rJi ~ {J RISE - MVM Merro RISE - Staff Merro RISE - Resolution RISE AgreelTent Hazardous Materials Response 28E Agreement City Manager recommending approval of a 28E Agreement with Dubuque County for hazardous materials response. Suggested Disposition: Receive and File; Approve ~ rr1ì ~ EJ rJi 2BE - MVM Merro 2BE - Staff Merro 2BE - Bel of supv Ltr 2BE AgreelTent Revised Federal Legislative Priorities City Manager recommending approval of amended City of Dubuque Priorities for Federal Appropriations. Suggested Disposition: Receive and File; Approve ~ ~ ~ Prior[ies - MVM Merro Prior~ies - Staff Merro AlTended Prlor~ies 5 16. 17. 18. 19. Dubuque County Board of Supervisors Communication from the Dubuque County Board of Supervisors advising that they are in agreement to provide $34,030 to complete the Preliminary Engineering Design Phase for Iowa Highway 32 (Southwest Arterial). Suggested Disposition: Receive and File ø Bel of supv Ltr Scenic Byways Grant Application City Manager recommending approval of a request from the Dubuque County Historical Society that the City of Dubuque serve as the lead applicant for a Scenic Byways Grant Application. Suggested Disposition: Receive and File; Approve ~ ~ ø ø Grant - MVM Merro Grant - Staff Merro Grant - DCHs Ltr Grant - Project sUl1111ary Mississippi Riverwalk Electrical Service City Manager recommending approval of the installation of an additional 1 OO-amp electrical service on the Mississippi Riverwalk to accommodate large-scale events. Suggested Disposition: Receive and File; Approve ~ ~ Riverwalk - MVM Merro Riverwaik - Staff Merro Tax Assessment Appeal - Stipulation of Settlement Corporation Counsel submitting a Stipulation of Settlement of a tax assessment appeal by Gerald J. Lazore and Kelly R. Lazore. Suggested Disposition: Receive and File; Approve ~ ~ ~ ~ Stipulation - BAL ltr Stipulation of settlelTent Notice of Voluntary Order- Presenting settlelTent Appeal 6 20. 21. 1. 1. Business License Refund Jymie M. Lyons requesting a refund of a portion of his Liquor Class C permit in the amount of $633.75. Suggested Disposition: Receive and File; Approve Business Licenses RESOLUTION Granting the issuance of two new permits to sell cigarettes and cigarette papers within the City RESOLUTION Granting the issuance of a Class "C" Beer Permit to Iowa Potato and Produce House RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Breezers Pub and the Ryan House; and a Class "B" Wine Permit to Dubuque Religious Center Suggested Disposition: Adopt Resolutions ~ ~ ~ ~ Resolution #1 Resolution #2 Resolution #3 Police Reports ITEMS TO BE SET FOR PUBLIC HEARING Five Flags Center HVAC Project City Manager recommending initiation of the public bidding process for Phase I of the Five Flags Center HVAC System Replacement Project and that a public hearing on the plans and specifications be set for February 7,2005. RESOLUTION Approving 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 2/7/05 ~ ~ b"[û HVAC - MVM Merro HVAC - Staff Merro HVAC - Resolutions ACTION ITEMS Greater Dubuque Development Corporation Rick Dickinson, Greater Dubuque Development Corporation, to provide a verbal report regarding the activities of GDDC. Suggested Disposition: Receive and File 7 2. Dubuque County Conservation Board Communication from the Dubuque County Conservation Board requesting that the City designate the Heritage Trail pedestrian/bicycle bridge over Highway 52/3 as a priority project for the Dubuque Metropolitan Area Transportation System. Suggested Disposition: Receive and File; Council f:i Conservation Bel ltr 3. Westbrook Subdivision - Parking Restrictions City Manager recommending approval of an ordinance limiting parking on the streets in the Westbrook Subdivision pursuant to a June 29, 2004 agreement between the City and Callahan Construction, Inc. 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 by adding portions of North Westbrook Drive, South Westbrook Drive, Trails Edge Drive and Pebble Creek Drive Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ ~ t1t ~ Westbrook - MVM Westbrook - Staff Memo Memo Westbrook - Ordinance Westbrook - VIcinity Suggested Motion Map 4. 2003 International Fire Code City Manager recommending approval of the adoption of the 2003 International Fire Code. ORDINANCE Amending the City of Dubuque Code of Ordinances by repealing Chapter 19 Fire Prevention and Protection and adopting a new Chapter 19 Fire Department in lieu thereof Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ ~ ~ Fire Code - MVM Memo Fire Code - Staff Memo Chapter 19 Fire Code Suggested Motion 8 5. Grand Excursion II City Manager recommending approval of a request from the America's River Corporation to provide $10,000 to help fund Grand Excursion II to be held in May, 2005. Suggested Disposition: Receive and File; Approve ~ ~ r¡ Excursion - MVM Memo Excursion-Staff Memo AlTerica's River ltr 6. City Council Appointments Communication from Operation: New View requesting appointment of the City's designees to their Board for calendar year 2005 (currently Council Members Joyce Connors and Patricia Cline and a designee of the City Manager). Communication from the Dubuque Racing Association Board of Directors requesting appointment of representatives to the DRA Board of Directors for 2005 (currently Mayor Terrance M. Duggan, Council Members Roy Buol and John Markham, and City Manager Michael C. Van Milligen). Mayor and City Council appointments to various Boards and Commissions. Suggested Disposition: Receive and File; Council Appointments t1t t1t ~ New V",w Ltr DRA ltr Council AppointlTents 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 29, 2004 9