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1 17 05 Skeleton Sheet . CITY COUNCIL SPECIAL SESSION, JANUARY 17, 2005 COUNCIL MET IN ~ SESSION AT 6:30 P.M. IN THE LIBRARY AUDlrORIUM PRESENT: MAYOR ~GAN, COUNCIL MEMBERS BUOL, CL:1NE, CONN'~RS, MARKHAM, MICHJ,!.LSKI, NICHQLSON I / ' CITY MANAGER VJ.!<N MILLIGEN; CORPORATION COUNSEL LINDAHL " / ABSENT: Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. INVOCATION: Reverend Greg BjOrn~"d, Chaplain - Luther Manor " 7 ¡:! / . . ~I I \) ~ I \\ I )\ ,\ ~v \\ ;;t \1 . I IrV \' , II I I \, '" ,I \ W\\J II I)' ,~t I 1,\,1 , I ) \ , ,\ I I ~' ) I, \ "I " I \ ~\ ~ ~\ \~:\ " \ ~' ¡ \J ,~ . \ . . . . 1. CONSENT ITEMS '~ ? }- I íJf., ~,,'1 X I ë'~ f 1 '1'\ 1)(; / \ .) I " \ j~ Ayes Nays / Cline I Connors / Duggan / [9 ~arkham , Michalski I Nicholson ¡ r) Buol ~ Minutes and Reports Submitted Building Code Board of Appeals of 1/6; City Council of 1/3; Community Development Advisory Commission of 12/8; Housing Commission of 12/21; Zoning Board of Adjustment of 12/16; Printed Council Proceedings for month of November, 2004 Proof of publication of City Council Proceedings of December 20, 2004 Finance Director submitting the City of Dubuque Financial Reports for the month ending December 31,2004 (On file in the City Clerk's Office) Suggested Disposition: Receive and File; Approve as Printed 2. Notice of Claims/Suits Carol Kaune 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: Lori Burrows for personal injury; Carol Kaune for vehicle damage; Nicole Pollard for vehicle damage; Paula Travis for property damage Corporation Counsel recommending settlement of the claim of Jim Bauerly for property damage and Area Residential Care Facility for property damage and directing the Finance Department to issue payment. Suggested Disposition: Receive and File; Concur; Finance Dept to Issue Payment 2 . 3. . . Sexual Orientation Communication from Reverend Nancy N. Bickel, Reverend Jerry E. Oakland and Reverend Gwen Sayler submitting a petition in support of the proposal of the Human Rights Commission regarding sexual orientation. Communication from Helen Johnston, 3460 Starlite Drive, in support of including sexual orientation in Dubuque's nondiscrimination policy. Communication from Daniel and Marlene Apel, 4485 Dodge Street, in support of adding sexual orientation to the City's civil rights ordinance. Communication from Billie Greenwood, 345 West Locust Street, in support of the Human Rights Commission recommendation for the inclusion of sexual orientation as a protected class in the City of Dubuque. Communication from Steve Heer, 1514 Aubum Street, in support of the proposal by the Human Rights Commission to add sexual orientation to the current City ordinance forbidding discrimination. Suggested Disposition: Receive and File 4. Dubuque Metropolitan Area Solid Waste Agency Mary Ann Specht, Agency Secretary, submitting the Fiscal year 2006 budget and fee schedule for the Dubuque Metropolitan Area Solid Waste Agency. Suggested Disposition: Receive and File Ayes Nays Cline Connors Duggan Markham Michalski Nicholson Buol 3 . 5. . . Collective Bargaining Agreement Between the City of Dubuque and the Teamsters Local Union No. 421 City Manager recommending approval of the collective bargaining agreement between the City of Dubuque and the Teamsters Local Union No. 421. RESOLUTION /? (/ ~-: Approving the agreement between the City of Dubuque, Iowa and the Teamsters Local Union No. 421 and authorizing the Mayor to sign the agreement 6. Suggested Disposition: Receive and File; Adopt Resolution U.S. Department of Housing and Urban Development Communication from the U.S. Department of Housing and Urban Development advising that the City's appropriation for Fiscal Year 2005 is $1,398,731. 7. Suggested Disposition: Receive and File Samuel Street Concrete Section Repair and Overlay Project City Manager recommending acceptance of the Samuel Street Concrete Section Repair and Overlay Project as completed by River City Paving, a Division of Mathy Construction, in the final contract amount of $188,775.07. RESOLUTION /;;. ("/ ~.'~ Accepting improvement RESOLUTION / 'I' /J ~- Approving final contract amount Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Cline Connors Duggan Markham Michalski Nicholson Buol 4 . . . 8 9. Shot Tower Grant Administration City Manager recommending approval of a proposal from East Central Intergovernmental Association (ECIA) for $15,000 to assist the City with administration of two grants received to stabilize and rehabilitate the Shot Tower. Suggested Disposition: Receive and File; Approve Shot Tower Archeological Survey City Manager recommending approval ofthe submission of a $15,500 Historic Resources Development Program (HRDP) grant application for the Shot Tower Archeological Survey. RESOLUTION /:..- (/' :.: Authorizing a grant application to the Historic Resource Development Program for the Shot Tower Archeological Survey 10. Suggested Disposition: Receive and File; Adopt Resolution Enterprise Zone Legislation City Manager recommending approval of a letter of support for proposed changes to current Enterprise Zone legislation. 11. Suggested Disposition: Receive and File; Approve Purchase of Property at 715 West 32nd Street City Manager recommending approval of the purchase of a residential dwelling located at 715 West 32nd Street, as part of the acquisition program associated with expansion of the West 32nd Street detention basin. RESOLUTION /(7' () ~- Approving the acquisition of real estate located at 715 West 32nd Street, in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Cline Connors Duggan Markham Michalski Nicholson Buol 5 tit . . 12. 13. Dubuque Community School District Notice in the matter of the condemnation of certain rights in land by the Dubuque Community School District for the counties of Dubuque and Jackson (a/kla Dubuque Community School District) for purposes of acquiring land to construct a new school. Suggested Disposition: Receive and File United States Environmental Protection Agency Communication from the United States Environmental Protection Agency providing an update on the Peoples Natural Gas Superfund Site in the City of Dubuque. suggested Disposition: Receive and File; Refer to City Manager 14. Business Licenses RESOLUTION /'/ ' (/ ~':' Granting the issuance of one new permit to sell cigarettes and cigarette papers to Bootlegger's Pub RESOLUTION ;' ,>;> ,/) ~- Granting the issuance of a Class "B" Beer Permit to UAW Local #94 and Class "C" Beer Permit to Awn Stop Mart, Inc. RESOLUTION //7, /} :;- Granting the issuance of a Class "C" Beer/Liquor License to The Lounge aAd BcGtleggers Pab Suggested Disposition: Adopt Resolutions Ayes Nays Cline Connors Duggan Markham Michalski Nicholson Buol 6 8 8 . ITEM TO BE SET FOR PUBLIC HEARING Historic Preservation Revolving Loan Fund City Manager recommending that a public hearing be set for February 7, 2005 to consider ratifying prior action taken on the proposed issuance of a $200,000 General Obligation Capital Loan Note. RESOLUTION . ;¡;;J/J ~~ Directing republication of notice of hearing on the proposition of the issuance of a $200,000 General Obligation Capital Loan Note of Dubuque, Iowa 1. Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/7/05 Aye~ Nays / /)p-line / ::)<:onnors / . Duggan Markham Michalski Nicholson Buol / 7 . BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Historic Preservation Commission (onj unexpired three-year term through 7/1/05 - Old Main District) ! Applicant: Mirdza E. Berzins - TV Cable Regulatory Commission (One unexpired three-year term through 6/30/06 - term of Ellis; two unexpired three-year terms - term of Pratt and one vacant) Applicant: Charlie Ellis . . 8 . . . . PUBLIC HEARINGS SUSPEND THE RULES ./ Ayes Nays Cline Connors Duggan Markham ,; . Michalski lqjNicholson v./ Buol 1. Harvest View Park Development Project Proof of publication on notice of hearing on plans and specifications and notice to bidders for the Harvest View Park Development Project and City Manager recommending award of the contract to Klauer Construction Company in the amount of $94,800. RESOLUTION , :;it' /'/ :..~ RESOLUTION :7/ ¡')j Adopting plans and specifications Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions / Ayel'J Nays (~ Cline Connors " Duggan /1 Markham { Michalski Nicholson Buol ì I I 9 . . . 2004 Sanitary Sewer Lining Project Proof of publication on notice of hearing on plans and specifications and notice to bidders for the 2004 Sanitary Sewer Lining Project and City Manager recommending award of the contract to Visu-Sewer Clean & Seal Co., in the amount of $81 ,329.16. 2. RESOLUTION ;3) ;;' /J . Adopting plans and specifications RESOLUTION ,~/ 0':'- Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions / / Nays Cline Connors Duggan Markham ;)lVIichalski ( ~icholson , Buol /'>Y{j / / 10 . . tit 3. &:10 US 20 Sanitary Sewer Extension Project Proof of publication on notice of hearing on plans and specifications and notice to bidders for the US 20 Sanitary Sewer Extension Project and City Manager recommending award of the contract to Top Grade Excavating, Inc., in the amount of $382,102.05. RESOLUTION ¿;~; - 0 ~.- With respect to the adoption of the Resolution of Necessity proposed for the US Highway 20 Sanitary Sewer Extension Project J RESOLUTION fi;..//:. Adopting plans and specifications . .i)£ RESOLUTION ;;;-;/. (/ .,;c- Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions A)¡es / Nays Cline Connors / Duggan / Markham /;)Michalski /1 ~icholson / -L~uol REINSTATE THE RULES AYes ~ Nays Cline Connors / Duggan / I. Markham >,f;J~ichalski / (j l"-icholson / Buol 11 8 . . ACTION ITEMS ,IJ 1. {p Request for Renewal Proposal (RFRP) - Mediacom City Manager recommending approval of the issuance of a Request for Renewal Proposal with supporting documents to Mediacom and authorization for continuation of informal renewal negotiations. RESOLUTION :;,;;:¿ ,(/ 5 Approving the issuance of a Request for Renewal Proposal for a Cable Television Franchise with MCClowa, L.L.C. Suggested Disposition: Receive and File; Adopt Resolution A' Ye~ Nays / / I Cline , Connors , Duggan / Markham Michalski Nicholson Buol / / / Ayes Nays Cline Connors Duggan Markham Michalski Nicholson Buol 12 . . . 3. 2. Washington Street Neighborhood Revitalization Strategy City Manager recommending approval of a targeted revitalization strategy to positively impact the Washington Street Neighborhood. ,;à) ) Su..""dD"_..., _andFIIe;Ap- , [J ;?~/f',¡l) ^~ye!) Cline Nays! plJ / ;¡Il './¥ ~;f[,' ì (ß p' I' \ Connors Ii'I :/,' Ji r ,1 ¡~) Duggan) .: III it,) ,/ . Markham ,; '/1 l' / i~ichalski (f/! ;! 'I. / I Nicholson l'I,: 1 / Buol \(J'! -y, L' I, Comprehensive Annual Financial Report (CAFR) City Manager transmitting the Fiscal Year 2004 Comprehensive Financial Report (CAFR), Parking Facilities Financial Statements, Management Letter and City Responses to the Management Letter. Suggested Disposition: Receive and File yes / Nays Cline Connors Duggan / Markham ,Ifj Michalski /' ¡( ~icholson . Buol 13 ',,1'/) fl ,{þ /' ( , (: I /, ¡; ./ I) I) ,If I' )l 8 . . 4. Request for Proposals - Transient Boat Docks Feasibility Study City Manager recommending approval of the issuance of a Request for Proposals (RFP) for a Transient Boat Docks Feasibility Study at the Port of Dubuque which is necessary for the City to compete in the Federal Boating Infrastructure Grant Program. Suggested Disposition: Receive and File; Approve Ay'rf) Nays , ¡I; Cline , ' Connors Duggan Markham l]\IIIichalski ( :;i)Nicholson Buol I 5. Iowa League of Cities Conference Communication to the Iowa League of Cities extending an offer to host the Iowa League of Cities Conference in September 2009 and advising that Public Information Office Randy Gehl will serve as the City's representative along with an appointed City Council representative. Suggested Disposition: Receive and File; Council Appointment ,(;, I I Ii Aye¡&, Nays .// LV Cline / Connors Duggan {}JMarkham '/ Michalski Nicholson Buol / / / Appoint: /~ ' )/¡y / 14 , ~ll) \ . " I i v ¡\I V" ~, I I' ¡ III ,,\,¡ '\ 1\ . i) \)i c, ,I:' \\1 \.1 " I~ :'1 ' 'I ' , 8 ,\ \ 'I( \ I' f' IIII . 8 . . 8 6. Fiscal Year 2006 Operating Budget and Capital Improvement Program City Manager submitting the Fiscal Year 2006 Operating Budget and Capital Improvement Program. Suggested Disposition: Receive and File i~ /'~ ¡- Aye~ì Nays Iii Cline ,.' Connors Duggan / Markham / Michalski ({!)NiChOlson I 'Buol 1,0 ¡ COUNCIL MEMBER REPORTS PUBLIC INPUT ,j ), ,,! ,.1" \ I ~ 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- Chapter 21.5(1 )(c) 2003 Code of Iowa Motion to go into Closed Session at '/' ~/ / Motion to adjourn at ::.Ý Ayes Nays ,/ Cline i~onnors \ , Duggan Markham Michalski . Nicholson / {)BuOI / 15