Proof Council Minutes 1 17 05
Board of Appeals of 1/6;
City Council of 1/3; Com-
mUr\ity Developrnen1 Advi-
sory Commission of 12/8;
Housing Commission of
12(21; Zonlr\g Board of Ad-
justment of 12/16, upon
motion received and filed.
Printed Council Proceed-
ings for month of Novem-
ber, 2004, upon motion re-
cei'Jed and filed and ap-
proved as printed..
Proof of, publication of
City CouncIl Proceedmgs
of December 20, 2004,
upon motion received and
filed.
Finance Director submit4
11ng the City of DUbuque Fi-
l'1ar\cial Reports for the
month ending December
31, 2004 (On file in the City
Clerk's Office), upon mo~
tior\ received and filed.
Notice of Claims/Suits:
Carol Kaune for 'Jehicle
damage, upon motion re-
ceived and filed and refer-
red to legal fer in'Jestiga~
tion.
Corporation Counsel ad-
vising that the following
claims have been referred
to Public Entity Risk Serv~
ices of lowa, the ager.t for
the Iowa Communities As-
surance Pool: lori Bur-
rows for personal injury;
Carol Kaune for vehicle
damage; Nicole Pollard for
vehicle damage; Paula
Travis for prope~ dam-
age, upon motion re-
cei'Jed and filed and con-
curred.
Corporation Counsel rec-
ommending settlement of
the claim of Jim Bauerly
for property damage and
Area Residential Care Fa-
cility for property damage
and directing the Finance
Department to issue pay-
ment, upon motion re-
ceived and filed and direct-
ed Finance Department to
issue proper payment.
Sexual OrientatIon:
Communication from Rev-
'erend Nancy N. Bickel,
Reverend Jerry E. Oakland
and Reverefld Gwen
Sayler submitting a peti-
tion in support of the pro-
posal of the Human Rights
Commission regarding sex-
ual orientation, upon mo-
tion received and filed.
Communication from Hel-
en Johnston, 3460 Starlite
Drive, in support of includ-
ing sexual orientation in
Dubuque's nondiscrimIna-
tion policy, upon mO'lion re-
ceived and filed.
Communication from Dan-
iel and Marlene Apel, 4485
Dodge Street, in support
of adding sexual orienta-
tion to the City's civil rights
ordinance. upon motion re-
ceived and filed.
Communication from
Billie Greenwood, 345
West Locust Street, in sup-
port of the Human Rigtrts
Commission recommenda-
tion for the inclusion of sex-
ual orientation as a prO'lect-
ed class in the City of Du"
buque, upon motion re-
cei'Jed and filed.
Communication from
Steve Heer, 1514 Auburn
Street, in support of the
proposal by the Human
Rights Commission to add
sexual orientation to the
current City ordinance for-
bidding discrimination,
upon motion received and
filed.
Dubuque Metropolitan
Area Solid Wasie Agency:
Mary Ann Specht, Agency
Secretary, submitting the
Fiscal year 2006 budget
and fee schedule for the
Dubuque Metropolitan
Area Solid Waste Agency,
upon motion received and
filed.
Collective Bargaining
Agreement between the
City of Dubuque and the
Teamsters local Union No.
421: City Manager recom-
mending approval of the
collecti....e bargaining agree-
ment between the City of
DUbuque and the Team.
sters local Union No. 421,
upon motion received and
filed. Buol moved adop.
tion of Aesolution No. 12.
05 Approving the 8gree.
ment between the City of
Dubuque, Iowa and the
Teamsters local Union No.
.21 and authorizing the
Mayor to sign the agree-
ment. Seconded by
Markham. Motion carried
7-0.
U.S. Department of Hous-
Ing and Urban Develop-
ment: Communication
from the U.S. Department
of Housing and Urban De-
velopment advising that
the City's appropriation for
Fiscal Year 2005 is
$1,398,731, upon motion
received and filed.
Samuel .street Concrete
Section Aepair and Over.
lay Project: City Manager
recommending accept~
ance ot the Samuel Street
Concrete Section Repair
and Overlay Project as
completed by Aiver City
Paving, a Division of Mathy
Construction, in the final
contract amount of
$188,775.07, upon motion
received and flied. Buol
moved adoption 01 Aesolu.
tlon No. 13.05 Accepting
Improvement and Aesolu.
\ion No. 14.05 Approving
fInal contract amount.
Seconded by Markham.
Motion carried 7 -0.
Shot Tower Grant Admin.
Istration: City Manager rec.
^""....."'"rlin... 1l>........r.....'Il>\. nf '"
ceived and filed. Buol
moved adoption of Aesolu~
tion No. 16.05 ApprO\ling
the acquisition of real es-
tate located at 715 West
32nd Street, in the City of
Dubuque. Seconded by
Markham. Motion carried
7-0.
Dubuque Community
School District Notice in
the matter of the condem-
nation of certain rights in
land by the Dubuque Com-
munity School District for
the counties of Dubuque
and Jackson (a/kla Dubu-
que Community School
District) for purposes of ac-
quiring land to construct a
new school, upon motion
received and filed.
United States Environ-
mental Protection Agency:
Communication from the
United States Environmen-
tal Protection Agency pro-
viding an update on the
Peoples Natural Gas
Supenund Site in the CIty
of Dubuque, upon motion
received and filed and re-
ferred to the City Manager.
Business Licenses: Suo!
moved adoption of Resolu-
tion No. 17 -05 Granting
the issuance of one new
permit to sell cigarettes
and cigarette papers to
Bootlegger's Pub; Resolu-
tion No. 18-05 Granting
the issuance 01 a Class
"S" Beer Permit to UAW
local #94 and Class "C"
Beer Permit to Awn Stop
Mart, Inc. and Resolution
No. 19-05 Granting the is-
suance 01 a Class "C"
Beer/Liquor License to The
lounge. Seconded by
Markham. Motion carried
7-0.
ITEM TO BE SET FOR
pUBLIC HEARING
Historic Preservation Re-
volving Loan Fund: City
Manager recommend'lng
that a public hearing be
set for February 7, 2004 to
consider ratifying prior ac-
tion taken on the proposed
issuance of a $200,000
General ObligatIon Cap'ltal
Loan Note, upon motion re-
ceived and filed. Cline
moved adoption at Aesolu-
tion No. 20-05 Directing
republication of notice of
hearing on the proposition
of the issuance of a
$200,000 General Obliga.
tion Capital loan Note of
Dubuque, Iowa, with pub-
lic hearing set for 2/7/05 at
a meeting to commence at
6:30 P.M. in the public li-
brary auditorium and direct
the City Clerk to publish
notice in the manner pre-
scribed by law. Seconded
by Connors. Motion car.
rled 7-0.
BOARDS/COMMISSIONS
Applicants are invited to
address the Council regard-
ing their desire to serve on
the follOWing
Boards/Commissions:
Historic Preservation,
Commission {One unex- I
pired three-year term
through 7/1/05 - Old Mam
District) Appl'lcant:
MJrdza E. Berzins Ms.
Berzins spoke requesting
consideration for appoint-
ment.
TV Cable Regulatory
Commission (One unex-
pired three-year term
through 6/30/06 - term of
Ellis; two unexpired three.
year terms - term of Pratt
and one vacant) Appli-
cant: Charlie Ems
No one spoke.
pUBLIC HEARINGS
Upon motion the rules
were suspended to allow
anyone present to address
the Counc'il.
Harvest View Park Devel.
opment Project: Proof of
publication on notice of
hearing on plans and speci-
fications and notice to bid.
ders for the Harvest View
Park Development Project
and City Manager recom-
mending award of the con.
tract to Klauer Construc-
tion Company in the
amount of $94,800, upon
motion received and filed.
Markham moved adoption
of Resolution No. 21.05
Adopting plans and specifi-
cations and Resolution No.
22-05 Awarding contract.
Seconded by Cline. Mo"
~ion carried 7-0.
2004 Sanitary Sewer Lin-
ing Project: Proof of publi-
cation on notice of hearing
on plans and specifica- pNhens/Ve Financial Reo-
tions and notice to bidders pOd: (CAFR). ~~:..
for the 2004 Sanitary Sew- t~"'~ f~'~
er lining Project and City " ,_ 'Lett.. and.
Manager recommending CItY ," 1otheMan.
award of the contract to agement LIltw, upon me--
Visu.Sewer Clean & Seal tlon receiv8c:l and fijed and
Co., in the amount of conoratLdattidItaff. ,"
$81,329.16, upon motionReQu_:;.~.
recerved and filed. Cline Trana1ent BOat 00Cke Fee.,
moved adoption of Resolu- s1b/Uty'.~!I'.\;,;, OftyManag.
tion No. 23-05 Adopting errJu,1'I'tn'lR'flO IDDrovaI
plans and speciflcations of the IIIlJ8t108 of. Reo-.
and Resolution No. 24-05 quest for~
Awarding contract. for. T
Seconded by Nicholson.
Motion carried 7.0. Of Ich I,
US 20 Sanitary Sewer Ex. n808SlaJY for the CIty to,
tension Project: Proof of cO:t"~ln t:he hderaI.
publication on notice of 801. ." ,Infraltructu~
hearing on plans and speci- Grant, , ,upon_ mOl..
fications and notice to bId. tion,~." ,:,,;. " ,~ "'. .anct
ders for the US 20 Sanitary appr' , , ' UU~itic<t,.
Sewer Extension Project Iowa ue of CItIw.
and City Manager recom- ~"Comm......
mending award of the con- tion ta:;rs e. ""of'
tracttoTopGradeExcavat-~, "",, ,,' "" ta
ing, Inc., in the amount ofl hCllf1he :. " of
$382,102.05, upon motion CItl8a ConfeNnce k1 Sep..
received and filed. Buoll tember 2008-.end ,1dYisIng.
moved adOptfon of Aesolu. that~~ot~.,,.<<tunom:
tion No. 25.05 With re- cer Randy- GiIHt'will.lI8l'V8"
spect to the adoption ofl as the, CIlJ'a, , ...."ta-
th.. J:l-"''l:nll Jtinn nt N...,..,....c::_'l:i. ti\M lIInrdiiilJill;.... arinoInt.
STATE OF IOWA
DUBUQUE COUNTY
{ss:
CERTIFICATION OF PUBLICATION
I, Bev Engler, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State oflowa; hereby
certify that the attached notice was published in said newspaper on the following
n;:Jtpc;:' J:.1nll~nl 'Jf:, ')no.::;: ~......rr +,,,.. ~Ht...: _1- ....1_ 1 . ",. - - - -
. ~&~~:~~:~~~*~~r a'JJdaps i ~-
_.J> ~c; ....t;ji-::,O~ *" '$'0 0(6 ~...,rP . ~~
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_ ~ (J <b' 0--' '0- ~ -N"00 ,;::',
.". _ e ~,cP.~e; ..}O 0" 0'i;j.?)0 ,0
d- ""~~ _ ~~0 o0o.,r . ~ ~Oo.('.:s:-.,00~d' WA\dlIS:W /
_cP'~~ _ "''':J'J..('."$)v~1>-(:- <l).,?;-'~0 <..'C$/J'>':00~~~W~SW'OOW~
~.~,:, ,(So ~"_~ <)~,.y'f:. ~Vt;).fp'<S&~'&'00&'~-&'~'Q-0~'::?':;;d'~-SI\n_"lUItlHZ '....
.~~ - d-~~d-$O~., ,\$) ~o~rfe~~<)~~~~0C}~~1t~ Ii
~_~ ~~:b~~~"", Cj~~$Q~'O~CO~0~0~0~\0e,:0~~O~O ~~
~~~"V~.~~O...:i ...0, "\'?I-<fI. &(pv~t;jfS'(:',:}'<CP0 .~Ou..:i,'~
~...~ ,.O~~""'d- O~O~ fO.~ ~ <,,~e,O ~.zCP",p(.90"...o \)Q~(y <.:,.~4~e<:::>s-~'...
.,p:;C~"'~~-ws. (:'- ro." O~ '" 0 ~ 'll-";:""'~ 0 I:f'f:'#. 0 ~
- ....fIF~J',~_ - _ ~."~. ~O" c.~O:6'~b<'o 7j ~0:~<'~~~t~,/JCj'~#~~\~O('.c1\ Q~>S'~..
~~ ,6..d<'..b'~~ itcf'.(6 'V 7J.f::' <:i!~ .,),0l'> O~ ~OX,.0""::.0(\u~of
'tIJ 1fl::,':V: QV~f.; rf;~i> ~-:'.{ (\00V00~~~"0~~,0C:> ~ three,
'~.~..:~,; ".~& ~ 00 ~0<( 0 1.. ~1f[$'V ~-<"lerm()fPratt
", ..,/A~~-d' ,0 j..":i& ~ (::~ e vacant) Appli,
'\,~f:!'.lJrf.~o(\ ttP,0,s>vl.....o\l:'.6~~ nt: Charlie Ellis
" v~ 'Q'" (:'0 <:l!l,<:5 ":i 00 No one spoke.
\ d',.s:f.. 00 .~4, 0 <J g the PUBLIC HEARINGS
" . v'Me:~'tr~ tiP" 0 06 budget Upon motion the rules
~ <(~ 1(' schaduje for the were suspended to allow
uque Metropolitan anyone present to address
Area Solid Waste Agency, the CounciL
upon motion received and Harvest View Park De\lelv
filed. opment Project Proof of
Collective Bargaining publication on notice of
Aweement between the hearing on plans and specl~
City of Dubuque and the fications and notice to bid~
Teamsters Local Union No. ders for the Harvest View
421; City Manager racom. Park Development Project
mending approval of the and City Manager recom-
collective bargaining agree- mending award of the COn.
ment between the City of tract to Klauer Construc-
Dubuque and the Team- tion Company in the
sters Local Union No. 421, amount of $94,800, upon
L1pon motion received and motion received and filed.
filed. Buol moved adop- Markham moved adoption
tlon of Resolution No. 12- of Resolution No. 21-05
05 Approving the agree. Adopting plans and specifi-
ment between the City of cations and Resolution No.
Dubuque, Iowa and the 22-05 Awarding contract.
Teamsters Locai Union No. Seconded by Cline, Mo-
421 and authorizing the tion carried 7-0.
Mayor to sign the agree- 2004 Sanitary Sewer Lin-
ment. Seconded by lng Project: Proo1 of publi-
Markham. Motion carried cation on notice of hearing
7-0. on plans and specifica~ prehenelve Flnanolel .~
U.S. Department of Hous. tions and notice to bidders portCCAFFo. ~Faom:'
ing and Urban Develop- for the 2004 Sanitary Sew~ ties ~ ;"''''ntl"
ment Communication er Lining Project and City Ma~ Letter and,
from the U.S. Department Manager recommending CltyFr~totheMan-
9f Housing and Urban Oe- award of the contract to agemem. Letttr. upon rno-
vetopment advising that Visu.Sewer C!ean & Seal tion received. and fUedand'
the City's appropriation for Co., in the amount of congratUJated smtf.
Flscal Year 2005 is $81,329.16, upon motion R&qutIt" ~ _
$1,398,731, upon motion received and filed. Cline TranslentBoat 0Qcka Fe&-
received and filed. moved adoption of Resolu- sibJlitY.~. CftyManag-
Samuel ,Street Concrete tion No. 23-05 Adopting er,DC.b.i"LldlQepproyal
Sec\ion Repair and Over- plans and specifications of the lsauance of & Re-
lay Project City Manager and Resolution No. 24-05 quest .&FPl.
recommending accept- Awarding contract. for aT kIi-
ance of the Samuel Street Seconded by Nicholson. Feaslblli" t,. the
Concrete Section Repair Motion carried 7-0. Port Of'DlI Which la
and Over!ay Project as US 20 Sanitary Sewer Ex- nacesaw:y tor the CIty to,
completad by River City tensiOn Project Proof of com~the _
PavIng, a Division of Mathy publication on notice of Boa ~ Irtfrutructure-
Construction, in the final hearing On plans and spe6 Grant . upon mcr-
contract amount of fications and notice to bid. tlon ~'= filed anet'
5188,775.07, upon motlon ders tor the US 20 Sanitary approvell~' ~ kJltlun.
received and filed. Buo! Sewer Extension Project towa LlNlUue of CitIe8.
moved adoption of Reso!u- and City Manager recom- Con~ COrnmuRlca-.
tlOn . No. 13-05 Accepting mending award of the con. tlon to the --e of
improvement and Resolu- tracttoTopGradeExcavat. Cltjes~ to
tton No. 14-05 Approving lng, Inc, In the amount of host tt'lI! .. of
final contract amount. $382,102.05, upon motIon I CItIes Conf-.nce In s.p..
Seconded by Markham. received and fIled. Buoll tember 2009 and ac:MeIna
Motion carried 7-0. moved adoptIOn of Resolu-I that PubQc tnfom'J8Uon Offf..
Shot Tower Grant Admin- tlcn No 25-05 With re-I cer R~.Qehtwm serve
Istratlon: City Manager rec- spect to the adoptIon of as the, 9l.1', ~a-
ommendlng approval of a the Resolution of Necessl- tNe alonD'WIIh ~~:..
proposal from East Central ty proposed for the US ed City COUrii:lt _
:In. v vernmentalAssocia- Highway 20 Samtary Sew. tlve, Ll~~. .~
tkm.. CIA) for $15,000 to erExtensionProlect; Reso. and fll8d ... IIDIIlfdnted
the City with admin- lutlon No. 26.05 Adopting Counclf,~-...on
Istratlon of two grants re- plans and specifications as the CtIUiifM;~t8-
celved to stabilize and re- and Resolution No. 27-05 tive.
habtllte.te the Shot Tower, Awarding contract. Fiscal Year 2006 Operat-
upon motion received and Seconded by Nicholson. ing BUdget.~ 1m-'
flledand approved. Motion carried 7-0. provemlnt . : City
Shot Tower Archeological Upon motion the rules Manager~_" . the.
Survey: City Manager rec- were reinstated limiting dis. Fiscal Y..... tlng,
ommending approval of cussion to the Councll. Budgett C,O I~
the submission of a ACTION ITEMS prov.'F'
515.600 Historic Resour. Request for Renewal Pro~ motion.;. ,
ces Development Program possl (RFRPj ~ Mediacom: C. . - . . '
IHAOP) grant application City Manager recommend.
or the Shot Tower Archeo~ ing approval of the iS$u- Mlch.18k1 ooml'Mf1ded..
logical Survey, upon mo- ance of a Request for Re- Faces and Volce8 and the
1.100 received and filed, newal Proposa! with sup- activities foi'the Martin lLl-,
Buol moved adoption of porting documents to ther King, Jr. memorllll.
Reeolutlon No. 15-05 Au~ Mediacom and authorita- celebration.
thorltlng a grant applica- tien for continuation of in- ~'" ,.",.
tlon to the Historic Re. formal renewal negotia~ Kathy ......rGtnn ,
soUrce Development Pro~ tions, upon motion re- Manager ," .' '. au-
gram for the Shot Tower ceived and fHed. Cline buque, ,-it'l""
Archeological SUf\lE'lY. moved adoptIon of Aesolu- are com .' '.'. . tan-
Seconded by Markham. tion No. 28-05 Approving chlse niiiIwiIi." and ,...
MotIon Clarried 7-0. the issuance of a Request viewed the :eccompHlh'"
~(se Zone Legisla- for Renewal Proposal for a ments and enhlncemen~.
tlon: City Manager recom- Cable Television Franchise of their~. ,
mending approval of a let. with MCClowa, L.L.C. At 7:49 P.M~ upon motion
'WrCllf-liMlport fer proposed Seconded by Connors. it was reaoMtdto~nto
~tocurrentEnter- Motion carried 7.0. Closed~....'.. Ing
priM Zone legislation, Washington Street Neigh- Utigation~<.<.'J.i ". .
upon motion received and borhood Revitalization 21.5(1)(0) ..... ...'OM:: ,.to-'
flied end approved recom- Strategy: Ci'y Manager wa. ..t.R"'>..~~";...:';'~;
m~mdatlon, recommending approvaf of At 7:58' p~ " " r1-
PUrcnase of Property at a targeted revitalization convened ir"8biIclat
715 West 32nd Street stra.tegy to positively im- Session,' Itaff' had
,CIty Manager recommend- pact the Washington been given proper dlreo-
''''IP!'..O>I~sl'.d'''ent''''.eledwPeulr,-_ Street Neighborhood, tion.
UI '''' upon motion received and There bItng.. no further
fljjl,located at 715 West filed and approved recom- business.. upon motion
~nd Street as part of the mendation. meeting ~". 7:59
Ii ISIti. 'on program associ- ComprehensiveAnnualFi. P.M. ,'. -'
.. WItt expansion of the nancia/ Report (CAFR): Is! JeanneF. SChnekIer.
. ',<<and Street daten. City Manager transmitting CMC,~ Clerk'
tfOitl:iBlfn. upon motion re~ the Fiscal 'fear 2004 Com- 1t 1/26 ,/ i' ._ ':.
STATE OF IOWA
DUBUQUE COUNTY
{SS:
CERTIFICATION OF PUBLICATION
I, Bev Engler, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State ofIowa; hereby
certify that the attached notice was published in said newspaper on the following
dates; January 26, 2005, and for which the charge is $136.04.
./
l?
~/
1---
C. ,
/ \)
Cl'J '..,
Subscribed to before m
this c2c'-q day of
otary Public in and for Dubuque County, Iowa,
,20 05.
.~
Notary Public in and for Dubuque
~"A#"
;~:
,,,....-
MAAY K. We::STERMEYER
Commll8lcn Number 154885
My Comm. Ex". FEB. 1, 2008