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2 7 05 Agenda with icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 5:30 P.M. - CONVENTION AND VISITORS BUREAU PRESENTATION 6:30 P.M. - REGULAR MEETING LIBRARY AUDITORIUM MONDAY, FEBRUARY 7,2005 INVOCATION Reverend Greg Bjornstad, Chaplain - Luther Manor PROCLAMATIONS Downtown Kiwanis Club Month ~ Kiv-lanis Proclarration 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 1/17; Five Flags Commission of 11/15 and 1/5; Historic Preservation Commission of 1/20; Human Rights Commission of 12/13; Housing Commission of 1/11; Housing Code Appeals Board of 8/17; Investment Oversight Advisory Commission of 1/26; Library Board of 12/16; Park and Recreation Commission of 1/11; Plumbing Board of 1/27; Transit Board of 1/13 Proof of publication of City Council Proceedings of January 3 and 17, 2005 (on file in City Clerk's Office) Printed Council Proceedings for December, 2004 Substance Abuse Services Center (SASC) Second Quarterly Report Investment Oversight Advisory Commission 4ih Quarterly Report Suggested Disposition: Receive and File; Approve as Printed ~ ~ rJJ. City Council Five Flags - 11/15 Five Flags - 1/5 ~ o ~ rJl HPC Housing Hsg Code Appeals 8d ~ ~ ~ ~ ~ ~ Hurran Rights 10AC Ubrary 8d Park and Rec Pluni:ling 8d Transit u ~ ~ ,~ - Proceedings SASC Report Quarterly Report 2. Notice of Claims/Suits . Clarence M. Brehm for personal injury; Sheri Clancy for vehicle damage and personal injuries; Jennifer Huseman for vehicle damage; Mary Jo Roling-Danner for unlocking of car door; Rose Ruff for vehicle damage; Mr. and Mrs. James Matheos for property damage; Elmer J. Robinson for property 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: Clarence M. Brehm for personal injury; Shari Clancy for personal injury/vehicle damage; and Jennifer Huseman for vehicle damage Corporation Counsel recommending approval of the claim of Mary Jo Rolling-Danner for vehicle damage and directing Finance Department to issue payment. Corporation Counsel recommending denial of the claim of Eric Wilson for vehicle damage. Suggested Disposition: Receive and File; Concur; Finance to Issue Payment ~ w rif Claim; - ICAP Cia im - Settled Claim - Denied 3. Community Development Advisory Commission Communication from Walter A. Pregler advising that he does not intend to re-apply for appointment to another term on the Community Development Advisory Commission. Suggested Disposition: Receive and File ~ Pregler Ltr 2 4. Mediacom Communication from Kathleen McMullen, Area Manager of Mediacom Communications Corporation, thanking the Mayor and City Council for the opportunity to address the Council regarding the status of franchise renewal negotiations and providing a brief update on Mediacom's investment in Dubuque. City Manager response to Kathleen McMullen, Area Manager of Mediacom Communications. Suggested Disposition: Receive and File ril IiVf0 o Mediacom Ur Mediacom - MVM Ltr 5. Citizen Communication Communication from Carol ang Bill Denlinger requesting consideration of a walkway overpass over the Northwest Arterial to help keep the children safe as they walk to and from the new middle school. Suggested Disposition: Receive and File; Refer to City Manager tl: Denlinger Ltr 6. Fiscal Year 2005 Annual Action Plan - Amendment 2 City Manager recommending approval of changes in the City's Community Development Block Grant (CDBG) Fiscal Year 2005 Annual Action Plan to allow funds to be used to meet citizens' needs and facilitate the timely expenditure of funds. RESOLUTION Approving an amended and restated Fiscal Year 2005 (Program Year 2004) Annual Plan - Amendment 2 for Community Development Block Grant (CDBG) funds Suggested Disposition: Receive and File; Adopt Resolution ~ ~ {J ~ Amendment-MVM Memo Amendment - Staff Memo Amendment - Resolution Amendment - Exhib~ A 3 7. Chestnut Street Reconstruction Project City Manager recommending acceptance of the Chestnut Street Reconstruction Project as completed by W.C. Stewart Construction Company in the final contract amount of $480,605.23 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 ~ o Iii@'l o ~.. ~ g ~ Chestnut. MVM Merro Chestnut. Starr Merro Chestnut - Resolutions Final payrrent Form Chestnut - Assessrrents 8. Holliday Addition - Acceptance of Public Improvements City Manager recommending acceptance of the public improvements recently completed in Holliday Addition by the developer, QHQ Properties. RESOLUTION Accepting improvements in Holliday Addition Suggested Disposition: Receive and File; Adopt Resolution ~." o IiilJ'l ~ ~ rn E5f ~ Holliday - MVM Merro Holliday' Starr Merro Holliday - Resolution Holliday - VlCin~ Holliday' QHQ Ltr Map 9. Tyler Road - Clarification of Warranty Deed City Manager recommending approval of a Correction Warranty Deed to correct an error in the legal description in a certain Warranty Deed between the City of Dubuque and the Dubuque Community School District. RESOLUTION Accepting a conveyance of Lot B of Block 8 in Mettel-Link Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution {J ~ ~""".'" ~ ~ ~ Deed - MVM Merro Deed - Starr Merro Deed - Resolution Deed - Vicin~ Map Correction Warranty Deed 4 10. Iowa 32 (Southwest Arterial) - Consultant Design Contract City Manager recommending approval of the Consultant Professional Services Agreement for Earth Tech to complete Preliminary Engineering Design Services for improvement of Iowa Highway 32 (Southwest Arterial). RESOLUTION Approving the Consultant Professional Services Agreement for Earth Tech, Inc. to complete preliminary design services for the improvement of Iowa Highway32 (Southwest Arterial) Suggested Disposition: Receive and File; Adopt Resolution Ii[J ~ ~ 5 Contract - MVM Merro Contract - Staff Merro Contract - Resolution Design Contract 11. Water Works Park City Manager recommending approval of the submission of a grant application to the Iowa Department of Natural Resources (IDNR) for a Water Recreation Access Grant to reconstruct the boat ramp and trailer parking at Water Works Park. RESOLUTION Authorizing an application for a Water Recreation Access Grant for boat ramp and parking at Water Works Park Suggested Disposition: Receive and File; Adopt Resolution ~....kz D ~.'...... o ~ ~ t1i Grant - MVM Merro Grant - Staff Memo Grant - Resolution IDNR Grant Grant - Attachment Application 12. Upper Main Street Historic District Historic Preservation Commission recommending City Council approval of the nomination of the Upper Main Street Historic District to the National Register of Historic Places and forwarding of the nomination to the State Nominations Review Committee. Suggested Disposition: Receive and File; Approve ~ ~ ~ t1i ti- Upper Main - HPC Ltl Upper Main - Staff Merro Ur to Property Owners State Historical Society Ltr Upper Main - Application 13. Eagle Point Water Plant Elevator ADA Renovation Improvement Project City Manager recommending acceptance of the Eagle Point Water Plant Elevator ADA Renovation Improvement Project as completed by Klauer Construction Company in the final contract amount of $137,447. RESOLUTION Accepting improvement 5 RESOLUTION Approving final contract amount Suggested Disposition: Receive and File; Adopt Resolutions ~ IiVi?'l L:U ~[. ,;,.;::.,' . Elevator - MVM Merro Elevator - Staff Merro Elevator - Resolutions 14. Water Distribution Geographical Information System (GIS) Update City Manager recommending approval of a contract with Missman Stanley and Associates to perform the work of updating the Geographical Information System maps in Water Distribution. Suggested Disposition: Receive and File; Approve ~ ~ t1i GIS - MVM Merro GIS - Staff Merro Missrmn Proposal 15. Dubuque Industrial Center West 3'd Addition - Contract Amendments City Manager recommending approval of amendments #3 and #4 to the contract with IIW for design and engineering of the proposed 150 acre expansion of Dubuque Industrial Center West. Suggested Disposition: Receive and File; Approve ~ IiVi?'l C:J ~ IIW - MVM Merro IIW - Staff Merro IIW Letters 16. Governor's Traffic Safety Grant City Manager recommending approval of the submission of an application for a Governor's Traffic Safety Grant in the amount of $20,166 for two hundred hours of traffic safety reimbursement overtime funds and the purchase of four in-car video systems. Suggested Disposition: Receive and File; Approve Iii1]'l L:U ~ ~ Grant - MVM Merro Grant - Staff Merro Traffic Grant Application 6 17. Community Development Block Grant Funding Communication from the Community Development Advisory Commission requesting City Council's support for continued funding of future Community Development Block Grant programs. Suggested Disposition: Receive and File 1iVD'l...... LSd CDAC ltr 18. Heron Pond Fishing Pier Project City Manager recommending acceptance of the Heron Pond Fishing Pier Project as completed by Dubuque Barge and Fleeting Service in the final contract amount of $53,511.02. RESOLUTION Accepting improvement RESOLUTION Approving final contract Suggested Disposition: Receive and File; Adopt Resolutions Iii1]'l LSd ~+:' ~..,-"..'. - ~ ~"~ .~~~ .. Pier - MVM Merro Pier - Staff Merro Pier - Resolution #1 Pier - Resolution #2 19. Legislative Correspondence City Manager recommending approval of a letter to State Representative Jeff Elgin regarding the proposed increase in IPERS contribution rate. Letter to area legislators encouraging support for continued existence of utility franchise fees. Suggested Disposition: Receive and File; Approve ~ Iii1]'l LSd ~ ~ Elgin ltr Franchise - MVM Ur State Legislator Ust 20. Industrial Sewer Use Agreement City Manager recommending approval of an Industrial Sewer Use Agreement with Interstate Power and Light Co. - Dubuque Power Station similar to the long-term sewer use agreements the City has with Rousselot, Swiss Valley Farms and Inland Protein. Suggested Disposition: Receive and File; Approve 7 ~ ~ LSd ~ Agreerrent . MVM Merro Agreement. Staff Memo Sewer Use Agreerrent 21. Madison Street Sanitary Sewer Extension Project City Manager recommending approval of the final schedule of assessments for the Madison Street Sanitary Sewer Extension Project. RESOLUTION Adopting the final assessment schedule for the Madison Street Sanitary Sewer Extension Project including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the clerk to certify the final schedule and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ ra Madison St . MVM Merro Madison St - Staff Memo Madison - Resolution Assessrrent Schedule 22. 2004 Sidewalk Assessment Bid Packages #3 and #4 City Manager recommending approval of the levy of assessments for Bid Packages #3 and #4 of the 2004 Sidewalk Assessment Project. RESOLUTION Adopting the final assessment schedule for the 2004 Sidewalk Assessment Project - Bid #3 and Bid #4 Project including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the clerk to certify the final schedule and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolutions ~ LSd ~ ~ ~ Sidewalk - MVM Merro Sidewalk. Staff Memo Sidewalk - Resolutior Levy of Assessrrents 23. Quarterly Investment Report City Manager submitting the December 31, 2004 Quarterly Investment Report. Suggested Disposition: Receive and File ~ ~ ~ Lill ~ Lill ~ u Report - MVM Merro Report. Staff Memo Cash, Investrrents & CDs & T-Bills - Month~ Investrrent Schedule of City Investrrent Earnings Interest Sumrary Funds 8 24. Bee Branch Creek Restoration Alignment Study Report Communication to Wayne Klostermann in response to concerns with the Bee Branch Creek Restoration Alignment Study Report. Suggested Disposition: Receive and File ~ ~ ra KIosterrrann Ltr Background Material 25. Department of Housing and Urban Development Communication from the Department of Housing and Urban Development (HUD) advising that the City has been selected to receive funding for the Fiscal Year 2004 Housing Choice Voucher Family Self Sufficiency program to support one homeownership renewal position and one regular renewal position. Suggested Disposition: Receive and File t1.l HUDUr 26. Business Licenses RESOLUTION Granting the issuance of a Class "C" Beer Permit to Dubuque Discount Gas (Central), Oky Doky, Dubuque Discount Gas (Hwy 20), EI Paisano, Econo Foods and Hartig Drug RESOLUTION Granting the issuance of a Class "B" Liquor License to Best Western Dubuque Inn; Class "C" Beer/Liquor License to The Club House, Pusateri's, Hammerheads Bar/Billiards, Tony's Place, Town Clock Inn, Goetz's, and Dubuque Mining Company; Class "B" Wine Permit to Hartig Drug, Econo Foods, and Grape Harbor; and Special Class "C" Liquor License to Grape Harbor Suggested Disposition: Adopt Resolutions 6[J ~ ra Resolution # 1 Resolution #2 Police Reports 9 ITEMS TO BE SET FOR PUBLIC HEARING 1. Fiscal Year 2006 Annual Action Plan City Manager recommending that a public hearing be set for February 28, 2005 on the Fiscal Year 2006 Annual Action Plan. RESOLUTION Setting a public hearing on the Program Year 2005 (Fiscal Year 2006) Community Development Block Grant (CDBG) Annual Action Plan Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/28/05 ~ 1iVT?l... L.I Iiiifl TI ~ ~ Action Pian. MVM Merro Action Plan' Staff Merro Action Pian' Resolution FY 06 Action Plan 2. Fiscal Year 2006 Operating Budget and Capital Improvement Program City Manager recommending that a public hearing be set for March 8 or 9, 2005 to consider adoption of the Fiscal Year 2006 Operating Budget and Capital Improvement Program. RESOLUTION Setting the date for the public hearing on Fiscal Year 2006 Budget for the City of Dubuque RESOLUTION Setting the date for the public hearing on the Five Year Capital Improvement Program for Fiscal Years 2006 through 2010 for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 3/8/05 or 3/9/05 ~ {J IifJ Budget. MVM Merro Budget. Staff Merro Budget - Resolutions BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Community Development Advisory Commission (Three 3-year terms through 2/15/08 - terms of Oliver, Shaw and Pregler) Applicants: David Oliver, David Shaw Appointments to the following Boards/Commissions: Historic Preservation Commission (One unexpired three-year term through 7/1/05 - Old Main District) Applicant: Mirdza E. Berzins 10 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) Applicants: Charlie Ellis, Michael W. Pratt ~ ~ ffJi rlI if Bd and Corrm list Overview Sheet CDAC Applications HPC Application Cable Application PUBLIC HEARINGS SUSPEND THE RULES 1. Historic Preservation Revolving Loan Fund City Manager recommending that the City Council ratify their former action approving the Loan Agreement with Premier Bank and the $200,000 General Obligation Capital Loan Note for the Historic Preservation Revolving Loan Fund. RESOLUTION Ratifying prior proceedings to take additional action for the authorization of a loan agreement and the issuance of $200,000 General Obligation Loan Notes Suggested Disposition: Receive and File; Adopt Resolution ~ ~ EJ Loan Fund. MVM Merro loan Fund. Resolution Material from January 17, 2005 Meeting ~ ~ Iiiifl EJ ~ loan Fund. MVM loan Fund. Staff Memo Memo NothUr Loan Fund - Resolution 2. Five Flags HVAC Project Proof of publication on notice of hearing on plans and specifications and City Manager recommending award of the contract for the Five Flags HVAC Replacement Project to Geisler Brothers Company in the contract amount of $480,181. RESOLUTION Approving plans and specifications RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ EJ ~ EJ u HVAC . MVM Merro HVAC . Staff Merro HVAC - Resolution #1 HVAC - Resolution #2 Material from January 3, 2005 Meeting 11 ~ ~ EJ riiiJl'l 'L:d HVAC - MVM MelTO HVAC - Staff MelTO HVAC - Resolutions 3. Indian Room Rest Room Renovation Project Proof of publication on notice of hearing on plans and specifications and City Manager recommending award of the contract for the Indian Room Rest Room Renovation Project to Conlon Construction Company in the contract amount of $33,900. RESOLUTION Approving plans and specifications RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions ~ u ti[J IiVD'1 EJ Indian Room - MVM MelTO Indian Room - Staff MelTO Indian Room - Resolution # 1 Indian Room- Resolution # 2 Material from December 20, 2004 ~ ~ IiiUl EJ Indian Room - MVM Memo Indian Room - Staff Memo Indian Room - Resolutions REINSTATE THE RULES ACTION ITEMS 1. Amendments to the Human Relations Ordinance Communication from the Human Rights Commission recommending adoption of amendments to the Human Relations Ordinance that would prohibit discrimination based on sexual orientation. Communication from Judy Haley Giesen, Chair of the Human Rights Commission, requesting to address the Mayor and City Council regarding the proposed sexual orientation amendment. Request from Michael Coty to address the City Council regarding adding sexual orientation to Dubuque's nondiscrimination policy. Kris Hall requesting the opportunity to address the City Council in support of changing the City's nondiscrimination policy to include sexual orientation. Reverend Dr. Gwen Sayler requesting the opportunity to be heard in support of changing the nondiscrimination ordinance to include the words "sexual orientation." 12 Sister Jordan Dahm, OSF, requesting to address the Council in support of the amendment to include sexual orientation as a protected class in the City's nondiscrimination policy and ordinance. Jerry Oakland requesting to address the City Council. Robert J. Dunn, Ph.D., requesting to address the Council in support of changing the nondiscrimination ordinance to include the words "sexual orientation." Communication from Sid Scott, Member of the Human Rights Sexual Orientation Subcommittee, requesting to address the Council in support of changing the City's nondiscrimination ordinance to include "sexual orientation." Communication from Ellen Kaune, Sexual Orientation Subcommittee Member, submitting a petition with in excess of 1,500 signatures in support of amending the current nondiscrimination ordinance to include the category of sexual orientation. Communications from Roger Maiers, Dan Abben, Sharon Kress, Theresa Cicciarelli, Dennis Runde II, Dale A. Ricke, Clarke College Student Association, Kevin and Dianne Koch, Royal Hughes, Gwen Nilles, Lorie Murphy-Freebolin, Stephanie Nelson, and Mary Gassman in support of changing the City's nondiscrimination ordinance to include sexual orientation. Communications and petitions from Gaye Grote, Duane and Jane Meyer, Rev. Msgr. Francis P. Friedl, Karen Earle, Bill and Colleen Pasnik, Paul and Sara Dupont, William K. Hammel, Sheila Evarts, Emily Garrett, Audrey Nuti, Pastor Kristian G. Kincaid, Ruth Becker, Pastor Dennis Schmitt, David and Miriam Ramse, Gerald J. Koppes, Kelly Allen, Janice Weig, Charlotte and Rachel Boland, AI Pefley, Reverend John Hulsizer, and Eugene Hingtgen, in opposition to changing the City's nondiscrimination ordinance to include sexual orientation. Communication from the Executive Board Members of the Dubuque League of Women Voters regarding the issue of changing the City's nondiscrimination policy to include sexual orientation. ORDINANCE Amending Chapter 27, Human Relations, of the City of Dubuque Code of Ordinances by adding two new paragraphs to Section 27-1 defining "Sexual Orientation" and defining "Religious Education Institution", and amending Sections 27-51 (2),27- 61(1)-(2),27-71(1)-(3),27-72,27-91(1)-(3), 27-101, 27-131(1)-(5), 27-132(c), 27-133(a), (c), 27-134, AND 27-145(1)-(3) prohibiting discrimination based on "sexual orientation" Suggested Disposition: Receive and File; Motion B; Motion A 13 u Iiif<'l 'L.:J ~ ~ Requests to Speak ~ ~ HR Carmission Ur HUlTBn Relations Ordinance HR Ordinance Changes Kaune Ur and Petit",n Urs of Support ~ fa ra Opposition Petit",ns Urs of Opposition Additional Petitions 2. Historic District Public Improvement Program Policy Guidelines Communication from the Historic Preservation Commission, in response to a request from the Four Mounds Foundation, recommending that the Historic District Public Improvement Program (HDPIP) Policy Guidelines be revised to include local landmark sites. Suggested Disposition: Receive and File; Approve 6[J ~ U ~ HDPIP - HPC Ur HDPIP Revisions HDPIP - Staff Merro HDPIP Guidelines 3. Section 8 Program Funding City Manager submitting information on recent and continuing changes in the funding structure for the HUD Section 8 rental assistance program and actions being taken by the Housing and Community Development Department and Housing Commission in response to the funding shortfall. Suggested Disposition: Receive and File u ~ ~ ~ Section 8 - MVM Merro Section 8 - Staff Merro Section 8 8udget Projections 4. West 32nd Street Detention Basin - Consultant Selection City Manager recommending approval of the selection of MSA Professional Services, Inc. to provide engineering and design services for the West 32nd Street Detention Basin Project at a cost of $1 05,582. Suggested Disposition: Receive and File; Approve ~ ~ rJi ~ Consultant - MVM Merro Consultant - Staff Merro Request for Proposals Consultant. Attachrrents 14 5. Putnam Street and Muscatine Street Stop Signs City Manager recommending approval of the installation of stop signs for traffic on Muscatine Street at Putnam Street. ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the addition of stop signs on Muscatine Street at Putnam Street Suggested Disposition: Receive and File; Motion B; Motion A &il]1 'L.:J 1iVfl1. ; G u &il]1 'L.:J Stop S~ns - MVM Merro Stop Signs - Staff Memo Stop Signs - Ordinance Suggested Motion 6. U.S. General Services Administration Communication from Michael T. Brincks, U.S. General Services Administration (GSA), advisin~ of their intent to transfer control of the United States Post Office Building at 350 West 6t Street and asking for confirmation of the City's continued interest in acquisition of the facility. Suggested Disposition: Receive and File; Refer to City Manager rJi GSA Material 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 - Chapter 21.5(1)(c) 2003 Code of Iowa Jeanne F. Schneider February 3, 2005 15