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Proof Council Minutes 2 7 05 CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Special Session, February 7, 2005 Council met in Special S.ession at 5:30 P.M. in the Ubrary Auditorium Prest;lnt: Mayor Duggan, Council Members Buol CI!ne, Connors, Markham: Michalski, Nicholson As- sistant City Ma~ager Steinhauser, Corporation Counsel Lindahl. Absent: City Manager Van Milligen Mayor Duggan read the call and stated this is a special session of the City Council called for the pur- pose of the Convention and Visitors Bureau Pre- sentation. Steward Sandstrom President and CEO of th~ Dubuque Chamber of Commerce and Conven- tion and Visitors Bureau introduced Sue Czeshinsk{ Convention and Visito~ Bureau Director, and staff mem~rs present. Czeshlnski reviewed the marketing and promotional activities of the past year as compared to what is proposed for Fiscal Year 2005 - 2006. Various as- pects of the FY 2005 - 2~6 budget were also I discussed and increases! , decreases explained. "J!1ere being no further bUSIness, upon motion meeting adjoumed at 6:06 P.M. Is! Jeanne F. Schneider CMC, City Clerk ' **** **** * * * * * *** ** * CITY OF DUBUQUE,IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, February 7, 2005 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan Council Members Buol' Cline, Connors, Markham' Michalski, Nicholson As~ sist~mt City Ma~ager Stemhauser, Corporation Counsel Lindahl. Absent: City Manager Van Milligen Invocation was given by Reverend Greg Bjornstad Chaplain of Luther Manor. ' Proclamation: Down- town Kiwanis Club Month received by Club President Carolyn Bennett Stork. CONSENT ITEMS Minutes and Reports Submitted: City Council of 1(17; Five Flags Commis- slo.n of 11/15 and 1/5; His- tonc Preservation Com- ~ssion of 1/20; Human Rights Commission of 1;2113; Housing Commis- sion of 1/11 ; Housing Code Appeals Board of 8/1~; Investment Oversight AdvIsory Commission of 1/26; Library Board of 1.2116; Park and Recrea- tioll Commission of 1/11' Plumbing Board of 1/27: Transit Board of 1/13' upon motion received and filed. Proof of publication of City Council Proceedings of January 3 and 17, 2005 (on file in City Clerk's Of- flce), upon motion received and filed. I Printed'Council Proceed- ings for I?ecember, 2004, upon motion received and fil~ and approved as pnnted. . Substance Abuse Serv- ICes Center (SASC) Sec- ond Quarterly Report upon motion received and filed. Investment Oversight Ad- visory Commission 47th QUll!1erly Report, upon motion received and filed Notice of Claims!Suit~: Clarence M. Brehm for personal injury; Sheri Clancy for vehicle damage ~d personal injuries; Jen- nifer Huseman for vehicle damage; Mary Jo Roling- Danner for unlocking of car door; Rose Ruff for vehicle damage; Mr. and Mrs. James Matheos for prop- erty damage; Elmer J ,Robinson for propertY I damage, upon motion re- ceived and filed and refer- red to Legal for investiga- tion. Corporation Counsel ad- vising that the following claims have been referred to Public Entity Risk Serv- ices of Iowa, the agent for the Iowa Communities As- surance Pool: Clarence M. Brehm for personal injury' Shari Clancy for personai inju~lvehicle damage; and Jennifer Huseman for vehi- cle ~amage, upon motion receIVed and filed and concurred. Corporation Counsel rec- ommending approval of the. claim of Mary Jo Roiling-Danner for vehicle damage and directing Fi- nance Department to issue payment, upon motion re- ceiVed and filed and con- curred and directed Fi- nance Department to issue payment. Corporation Counsel rec- ommending denial of the claim of Eric Wilson for ve- hicle damage, upon mo- tion received and filed and concurred. C~mmunity Development AdvISOry, Commission: "'___.._.__.1.:__ .1:___ '.'_1 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, upon motion re- ceived and filed. Buol moved adoption of Reso- lution No. 29-05 Approv- Ing an amended and re- stated Fiscal Year 2005 (- Program Year 2004) Annu- al Plan - Amendment 2 for Community Development Block Grant (CDBG) funds. Seconded by Connors. Motion carried 7-0. Chestnut Street Recon- struction Project: City Manager recommending acceptance of the Chest- nut Street Reconstruction Project as completed by W.C. Stewart Construction Company in the final con- tract amount of $480,605.23 and approv- Ing the preliminary sched- ule of final assessments upon motion received and f!led. Buol moved adop- tion of Resolution No. 30- 05 Accepting improve- ment; Resolution No. 31- 05 Approving final contract amount and Resolution No: 32-05 Approving pre- liminary schedule of final assessments. Seconded by Connors. Motion car- ried 7-0. Holliday Addition - Ac- ceptance of Public Im- provements: City Manager recommending accept- ance of the public im- provements recently com- pleted in Holliday Addition by the. developer, QHQ Properties, upon motion received and filed. Buol moved adoption of Reso- lution No. 33-05 Accept- Ing Improvements in Holliday Addition. Sec?nded by Connors. Motion carried 7-0. Tyler Road - Clarification of Warranty Deed: City Manager recommending approval of a Correction Warranty Deed to correct an error in the l89al de- scription in a certain War- ranty Deed between the City of Dubuque and the Dubuque Community School District, upon mo- tion received and filed. Buol moved adoption of Resolution No. 34-05 Ac- cepting a conveyance of Lot B of Block 8 in Mettel- link Addition in the City of Dubuque, Dubuque Coun- ty, Iowa. Seconded by Connors. Motion carried 7-0. . Iowa 32 (Southwest Arle- nal) - Consultant Design Contract: City Manager recommending approval of the Consultant Professio- nal Services Agreement for Eart~ ,Tech to complete Prel!mlnary . Engineering DeSign Services for im- provement of Iowa High- way 32 (Southwest Arleri- aO, upon motion received and filed. Buol moved adoption of Resolution No. 35-05 Approving the Con- sultant Professional Serv- ices Agreement for Earth ~el?h, Inc. to complete pre- liminary design services for the improvement of Iowa Highway 32 (Southwest Arterial). Seconded by Connors. Motion carried 7-0. 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 Ac- cess Grant to reconstruct the boat ramp and trailer parking at Water Works Park, upon motion re- ceived and filed. Buol moved adoption of Reso- !ution No. 36-05 Authoriz- Ing an application for a Water Recreation Access Grant for boat ramp and parking at Water Works Park. Seconded by Connors. Motion carried 7- O. ' Upper Main Street Histor- ic District: Historic Preser- vation Commission recom- mending City Council ap- proval of the nomination of the Upper Main Street His- toric District to the Nation- al Register of Historic Pla- ces and. forwarding of the nomination to the State Nominations Review Com- mittee, upon motion re- ceived and filed and ap- proved nomination. Eagle Point Water Plant Elevator ADA Renovation Improvement Project: City Manager recommending acceptance of the Eagle Point Water Plant Elevator ADA Renovation Improve- ment Project as completed by Klauer Construction Company in the final con- tract amount of $137447 upon motion received and filed. Buol moved adop- tion of Resolution No. 37- 05 Accepting improvement and Resolution No. 38-05 Approving final contract amount. Seconded by Connors. Motion carried 7-0. Water Distribution Geo- graphical Information Sys- tem (GIS) Update: City Manager recommending approval of a contract with Missman Stanley and As- sociates to perform the work of updating the Geo- graphical Information Sys- Pier Project as completed by Dubuque Barge and Fleeting Service in the final contract amount of $53,511.02, upon motion received and filed. Buol moved adoption of Reso- lution No. 39-05 Accepting Improvement and Resolu- t!on No. 40-05 Approving final contract. Seconded by Connors. Motion car- ried 7-0. Legislative Correspond- ence: City Manager rec- ommending approval of a letter to State Representa- tive Jeff Elgin regarding the proposed increase in IPERS contribution rate and letter to area legisla- tors encouraging support for continued existence of utility franchise fees upon motion received and filed and approved recommen- dation. Industrial Sewer Use Agreement: City Manager recommending approval of an Industrial Sewer Use Agreement with Interstate Power and Light Co. - Du- buque Power Station simi- lar to the long-term sewer use agreements the City has with Rousselot, Swiss Valley Farms and Inland Protein, upon motion re- ceived and filed and ap- proved recommendation. Madison Street Sanitary S~wer Extension Project: ~Ity Manager recommend- Ing approval of the final schedule of assessments for the Madison Street Sanitary Sewer Extension Project, upon motion re- ceived and filed. Buol moved adoption of Reso- lution No. 41-05 Adopting the final assessment schedule for the Madison Street Sanitary Sewer Ex- tensi~n ~roject including certain Information re- quired by the Code of Io- wa, specifically, the num- ber of annual installments into which assessments are divided, the interest on ~II unpaid installments, the time when the assess- ments are payable and di- recting the clerk to certify the final schedule and to publish notice thereof. Seconded by Connors. Motion carried 7-0. 2004 Sidewalk Assess- ment Bid Packages #3 and #4: City Manager recom- mending approval of the levy of assessments for Bid Packages #3 and #4 of the 2004 Sidewalk Assess- ment Project, upon motion received and filed. Buol moved adoption of Reso- lution No. 42-05 Adopting the final assessment schedule for the 2004 Sidewalk Assessment Project - Bid #3 and Bid #4 !"roject ,including certain Information required by the Code of Iowa, specifically, the number of annual in- stallments into which as- ~essments are divided, the Interest on all unpaid in- stallments, the time when the assessments are paya- ble and directing the clerk to certify the final schedule and to publish notice thereof. Seconded by Connors. Motion carried 7-0. Quarterly Investment Re- ~rt.: City Manager sub- mitting the December 31 2004 Quarterly Investment Report, upon motion re- ceived and filed. Bee Branch Creek Resto- ration Alignment Study Re- port: Communication to Wayne Klostermann in re- sponse to concerns with the Bee Branch Creek Re- storation Alignment Study Report, upon motion re- ceived and filed. Department of Housing and Urban Development: Communication from the Department of Housing and Urban Development (f-!UD) advising that the City has been selected to receive funding for the Fis- cal Year 2004 Housing Choice Voucher Family Self Sufficiency program to support one home- ~wnership renewal posi- tion and one regular re- newal position, upon mo- tion received and filed. Business Licenses: Buol moved adoption of Reso- lution No. 43-05 Granting the issuance of a Class 'C' Beer Permit to Dubu- que Discount Gas (Cen- tral), Oky Doky, Dubuque Di~ount Gas (Hwy 20), EI Palsano, Econo Foods and Hartig Drug and Resolution No. 44-05 GrantinQ the is- suance of a Class B' liq- uor License to Best West- ern 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. Seconded by Connors. Motion car- ried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Fiscal Year 2006 Annual Action Plan: City Manager recommending that a pub- lic hearing be set for Feb- ruary 28, 2005 on the Fis- cal Year 2006 Annual Ac- tion Plan, up?" motio,:! ure- 2/28/05 at a meeting to commence at 6:30 p.m. in the public library auditori- um and direct the City Clerk to publish notice in the manner prescribed by la~. Seconded by Nicholson. Motion carried 7-0. , Fiscal Year 2006 Operat- Ing Budget and Capital Im- provement 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 Im- provement Program upon m?tion received and' filed. Cline moved adoption of Resolution No. 46-05 Set- ting the date for the public hearing on Fiscal Year 2006 Budget for the City of Dubuque and Resolution NO.4 7 -05 Setting the date for th,e public hearing on the Five Year Capital Im- provement Program for Fiscal Years 2006 through 2010 for the City of Dubu- que, with both dates set for 3/8/05 at a meeting to commence at 6:30 P.M. in the public library auditori- um and direct the City Clerk to publish notice in the manner prescribed by la~. Seconded by NIcholson. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council re- garding their desire to serve on the following Boards/Comm issions' CO":1munity Development AdVISOry Commission (Three 3-year terms through 2/15/08 - terms of Oliver, Shaw and Pregler)' Applicants: David Olive; David Shaw. No on~ spoke. Appointments to the fol- lowing Boards / Commis- sions: Historic Preservation Commission (One unex- pired three-year term through 7/1/05 - Old Main Di~trict); Applicant: Mlr~za E.. Berzins. Upon motion Mlrdza E. Berzins appointed to the unexpired three year term on the His- toric Preservation Com- mission, representing the Old Main District which term will expire 711 i05. 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- cants: Charlie Ellis Michael W. Pratt. Upon motion Charlie Ellis reappointed to an unex- pir~ t~ree year term which Will expire 6/30/06 and Michael W. Pratt reappointed to an unex- pired three year term which will expire 6/30/07. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council. Historic Preservation Re- volving Loan Fund: City Manager recommending tha~ the City Council ratify ~helr former action approv- Ing the Loan Agreement with Premier Bank and the $200,000 General Obliga- tion Capital Loan Note for the Historic Preservation Revolving Loan Fund upon motion received and filed. Cline moved adop- tion of Resolution No. 48- ~5 Ratifying prior proceed- Ings to take additional ac- tion for the authorization of ~ loan agreement and the Issuance of $200,000 Gen- eral Obligation Loan Notes. Seconded by Connors. Motion carried 7-0. Five Flags HVAC Project: ~roof of publication on no- tice of hearing on plans and specifications ar)d City Manager recommending award of the contract for the Five Flags HVAC Re- placement Project to ~eisler Brothers Company In the contract amount of $480,181, upon motion re- ceived and filed. Markham m<?ved adoption of Reso- lution No. 49-05 Approving plans and specifications and Resolution No. 50-05 Awarding contract. Seconded by Cline. Mo- tion carried 7-0. 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 upon m?tion received and filed. Cline moved adoption of Resolution No. 51-05 Ap- pro.ving plans and specifi- cations and Resolution No. 52-05 Awarding contract. Seconded by Connors Motion carried 7-0. . Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Amendments to the Hu- man Relations Ordinance: Communication from the f-!uman Rights Commis- sion recommending adop- tion of amendments to the Human Relations Ordi- nance that would omhihit amendment; Request from Michael Coty to ad- dress the City Council re- garding adding sexual ori- entation to Dubuque's nondiscrimination policy; Krls Hall requesting the opportunity to address the City Council in support of chan~lng the City's non- diSCrimination policy to in- clude sexual orientation' Reverend Dr. Gwen Sayle; requesting the opportunity to be heard in support of changing the nondiscrimi- nation ordinance to in- clude the words 'sexual orientation;' Sister Jor- dan Dahm, OSF, request- Ing to address the Council In support of the amend- ment to include sexual ori- entation as a protected class in. the City's nondis- c~lmlnatlon policy and or- dinance; Jerry Oakland re- questing to address the City Council; Robert J. Dunn, Ph.D" requesting to address the Council in support . of c~anging the nOndiSCrimination ordi- nance to include the words 'sexual orientation" Communication from Sid Scott, Member of the Hu- man Rights Sexual Orien- tation Subcommittee re- questing to address' the Council in support of chan~il"!g the City's non- diSCrimination ordinance to include 'sexual orienta- tion;' Communication from Ellen Kaune, Sexual Orientation Subcommittee Member, submitting a peti- tion with in excess of 1,500 signatures in sup- port of amending the cur- rent nondiscrimination or- dinance to include the cat- egory of sexual orientation' Communications from Roger Maiers, Dan Abben Sharon Kress, Theresa Cicciarelli, Dennis Runde II, Dale A. Ricke, Clarke College Student Associa- tion, Kevin and Dianne Koch, Royal Hughes, Gwen Nilles, Lorie Murphy-Freebolin Stephanie Nelson, and Mary Gassman in support of ch~nj;lin!;l the City's non- ~Iscnmlnatlon ordinance to Include sexual orientation' Communications and peti~ tions 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 Den- nis Schmitt, David and Miriam Ramse, Gerald J. Koppes, Kelly Allen, Janice Weig, Charlotte and Rachel Boland, AI Pefley and E,ugene Hingtgen, in OppoSition to changing the City'S nondiscrimination ordinance to include sexu- al orientation; Communi- cation from the Executive Board Members of the Du- buque League of Women I Voters regarding the issue ' of chanj;lin~ the City's non- diSCrimination policy to in- clude sexual orientation' upon motion received and filed. An Ordinance Amending Chapter 27, Human Rela- tions, of the City of Dubu- que Code of Ordinances by adding two new para- graphs to Section 27-1 de- fining '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)' 27-13~" AND 27-Wj(1)-(3) prohibiting discrimination based on 'sexual orienta- tion," presented and read. Buol moved that the re- quir~ment that a proposed Ordinance be considered and voted on for passage at, two Council Meetings pnor to the meeting at which it is to be finally passed be suspended. Sec?nded by Michalski. Motion failed due to the following vote: Yeas-- Duggan, Markham, Buol. Nays--Cline, Connors Michalski, Nicholson. ' Judy Hailey Giesen 1600 Lori, as Chair of the Hu- man Rights Commission and Sister Jordan Dahm' 3300 Windsor Ave., spok~ requesting adoption of the proposed Ordinance. Leon Jensen, 510 St. George Street, and Father Richard Schaefer, 1330 Io- wa Street, spoke request- ing Council not adopt the proposed Ordinance. Buol moved that this be ~onsidered the first read- Ing of the Ordinance. Sec?nded .by Michalski. Motion faired due to the following vote: Yeas-Buol CMnors, Michalski. Nays~ C!ine, Duggan, Markham, Nicholson. Historic District Public Improvement Program Pol- icy Guidelines: Communi- cation from the Historic Preservation Commission in response to a request from the Four Mounds Foundation, recommend- Ing that the Historic Dis- trict Public Improvement Pr~gra,m (HDPIP) Policy ~uldelines be revised to Il"!clude local landmark Slt~S, upon motion re- ceived and filed and ap- Housing and Community Development Department and Housing Commission In response to the funding shortfall, upon motion re- ceived and filed and com- mended Staff for the steps they've taken and request- ed that the City Council be kept informed. West 32nd Street Deten- tion Basin - Consultant Se- lection: City Manager rec- ommending approval of the selection of MSA Pro- fessi~nal Services, Inc. to prOVide engineering and design services for the West 32nd Street Deten- tion Basin Project at a cost of $105,582, upon motion received and filed and ap- proved recommendation. Putnam Street and Mus- c~tine Street Stop Signs: ~Ity Manager recommend- Ing approval of the installa- tion of stop signs for traffic on Muscatine Street at ~utnam Street, upon mo- tl?n received and filed. Or- dinance No. 3-05 Amend- Ing the Code of Ordinan- ces of the City of Dubu- que, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing f<?r the addition of stop signs on Muscatine Street at Putnam Street, present- ed and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspend- ed. Seconded by Nicholson. Motion carried 7-0. Buol moved final con- sideration and passage of the Ordinance. Seconded by Nicholson. Motion car- ried 7-0. U.S. General Services Administration: Communi- cation from Michael T Brincks, U.S. Generai Services Administration (GSA), advising of their in- tent to transfer control of the United States Post Of- fice Building at 350 West 6th Street and asking for conf!rmatio':! of the City's continued Interest in 'ac- quisition of the facility upon motion received and filed and referred to the City Manager. COUNCIL MEMBER REPORTS Michalski shared that Council and staff had a v~ry worthwhile meeting With the state legislators in Des Moines. Nicholson spoke ,about the legislation re!;lardlng the utility fran- chise fees. There being no further business, upon motion meeting adjourned at 8:01 P.M. /s Jeanne F. Schneider CMC, City Clerk ' 1t 2/16 STATE OF IOWA DUBUQUE COUNTY {ss: CERTIFICATION OF PUBLICATION I, Bev Engler, a Billing Clerk for Woodward Communications, Inc., an 10' corporation, publisher ofthe Telegraph Herald,a newspaper of general cir{ published in the City of Dubuque, County of Dubuque and State of Iowa' certify that the attached notice was published in said newspaper on the f~l dates: February 16,2005, and for which the charge is $263.30. ~AlLf- S~bscribed to before me, a ~ Public in and D,or Dubuque County, lov thiS 11 day of \.. v'1 i ;z'L.o- __, 20 ~. Ld:v~~ ~x ~ Nbtary Public in and for Dubuque County, ..~..,... ~ ~ . . ~ 'O-et'" JANET K. PAPE CommissIon Number 199659 My Comm, Exp, DEC, 11, 2007 .~ ..,""". g""", ,uUVCIIU adoption ofRllolutlon No. 3S-05 ~ng the Con- 8UItant 8lI8IOI181 Serv- Ice8 Agreement for EiIrIh TeCh; Inc. to cotnptete pre- II"*-y deIIgn .-vices for ~~ . Seconded by CcIMoftI. Motion CM1ed 7-0. - 'Mder Works Park: CIty MInager recommending 8IlIII'OVIII of the submlaslon ora grant application to the Iowa Dep8rtmeI1t of NabnI ReeoI.Itces (JDNR) for a Water Recreation Ac- ~ Grant to l1ICllI'I8Iruct the boat ramp and tnIller PlIkIng at Water Works Pn, upon motion r&' cel!Ied and filed. Buol moved adoption of Res0- lution No. 36-05 AuthorIz- Ing an application for a Water RecreatIon Access GI'lII1t for boat ramp and _ing at Water Works Park. Seconded by Connors. Motion can1ed 1- o. . . Upper Main Street Histor- IC 0IstrIct: Hlstortc Preser- vation Comrnlaslon recom- =~~~~ the Upper Main Street His- torIC 0Iatrict to the Natlon- al RegIster of HIstorIc Pla- ces and forwarding of the nomination to the State NomInations Review Com- mltlte,. upon motion 1'8- ceived and filed and ap- proved nomination. EtgIe Point Water Plant Elevator ADA ~ Improvemerrt PrI:1JMII;'~ Manager recorniriendlilg accaptance of the Eagle Polnf water Plant Bevator ADA Renovation Irnprove- ment Project as completed by . Klauer ConsInJctlon ~ In the final c0n- tract amount Of"3T,447, upon motion teceIved and filed. Buol moved ad0p- tion of ResoI. utIo.,. n No... 37- 05~]_ and~~ ApprovIng final contract amount. Seconded. by .Connors. Motion ClIifltId 7-0. ., Water Distribution Geo- graphical InfonnatIon Sys- tem (GIS) Update: City- M~ recommending IIPDI'OV8I of a contract with MiSsman Stanley and As- sociates to ~ the wort.of updating the Ge0- graphical Information Sys- t~ maps in Water Distri- b~IOIl, upon motion 18- ceived and flied and ap- proveli recommendation. Dubuque Industrial Cen- ter West 3rd Addition - Contract Amendments. 9ity Manager recom~ lng approval of amend- ments '3 and #4 to the contract with IIW for de- sign~englneering of the . pro 150- aae 8XIiWl- sion Dubuque Indulrii18I Center West, upon motion received and filed and ap- ':rrlllfic $tIf8ty ftY.l.1ai\agei'rec- . gapprCMI of IssIon of an appli- r a Governor's ~ Grant In the hu. $20,166 for twO ndIW,. . hounl of traffic safety reimbursement overtime funds and the I ~ 1'8qtlest-,...Pidu fQl,ll> In-car.... . ~ a N .'~~ ov~'OVIr..... '. ..1fon . ..Jjed !Wid ~to'" ....' .'..., chlfdren',8aJl!I as'(' ,...:~t k to and from the Block . 'Gni!rt J:unding: Iddle school upon Communication from the received and filed Cof1:1l11!J1lity Development rred to the City ~ Co.mmisslon 18- . Cline requested questing City Council's nage for pedestrian sup~ for continued at intersections fundlllg of future Coi'r1mtln~ Highway 20 be ity Developrnel1t '. Black at for safety pur- ti~t programs, upon mo- , . on d. filed. y_:_~ flier PIen....~ rec- ~1W8I~' .~. i of "f' o;1IUIiIUHIVlILO, .LUU .."ner wnen . -- ~.. _....... =.~;;n:r:s~: :rnc:eni to address = ~~Ofthe~ I to-certlfytIW . lIChedllle HIlItOric PreIlIrvatIorl fie- of chanalnlI the CIty's non- I and to ptJbIiIh. i1OtJt8 voMng 1..oIn Fund: CIty dl8crtmi1alTon polICy to in- ~. =~ ~CIty~~ ~=~~~ 7-0. . ::::~. ._..JC\\Qn_.IIPPfOV- filed. . Quarterly. Investment Re- with u,,", .......n AMement An Ordln8(lce Amending port:...CItY ~'sub- $200~~ithe ~~:e~;::D~:: ~~,:t tIon ClJpltalLoBn Note ~ que Code of Ordinances Report, upon motion 18- the. H11tclrfC. PnI8etvatlon . by adding. two new para- ceIved and flied. Revolving Loan Fund, gIapha tQ SectIon 27-1 de- Bee Branch Cnlek Resto- upon motion received and fIning'SexuaI OrientatIon' ratIon~. :==. Re- flied. Cline moved adop- and delIning 'Religlous port. tIon of ResolutIon No 48- EducatIon Institution., and Wrjfl8 I<Ioetermenn in': 05 Ratifying.prIor ~ amending Sect/OnI 27- sponee to concerns with Ingsto take addltlonalac- 51(2lj" 2 7.;e1(1)-(2), 27- the '* BI'an.c:t! Cnlek Reo :oo~~.: ~1(1!?-), 27-72, 2i-9~Q)- ~ Alignment Study eraiissuance.....of'1200:boo Gen- ~1:1k(~f.\f1-~~(1)]~. ceIved'~ledmotlon 18- Obligation 1__ 27-134, AND 27-145'(1) .) . Notes. Seconded ~ prohibiting discrimination an~ ~ Connors. MotIon can1ed' based on 'sexual orIents- Communication from th8 7-0. tion,' presentecl and reed. andDepertmUrbanent of Housing FIve Flags HVAC Project. 8001 moved that the 18- Development Proof of publication on nO- qulrement that a proposed Ct-!UD) advising that the tIce of hearing on plans Ordinance be cOnsIdered City has been selected to and specifications BQd City and voted on for passage receive fundlnafor the FIs- ManaQer recommending at two Council Meetlngs caI Year 2004 HQu8Ino awwd' of the contract for prior to the meeting at Choice Voucher FamilY the FIve Flags HVAC fie- which It Is to~. :: ~~~ ~8Rlthers~ ~ndeclbeby~lcheIskI: ownership nlMWIII posi_ In the contract amount of MotIon faIlecf due to the tlon and one regular 18- $480,181. upon motion 18- following vote: Y88I-- newal poeitIon upon me- ceIved and filed! Mir1cham ~. Markham, BuoI. t~ received aitd fi~. .:= No.~ of RIeo- aYS-CIIne, Connors, ~~~ ,F~~' ~~~~1~ the iasuanoe of a Clij . ~". QIfltI!IIct. man. ..8Jahts Commission ~ ~~~~ ~ ~~-o~lIne.f,1o- ~~~., ~= traJ), Oky Doky, Du. buque Indian Room Rest Room requesting adoption of the ~~, $;1;~~ ~~t.--: '~S:~B~~ ~ ~h~~~:: ==II~~; em Du~ue Inn; Class the.. Indian. Room Rest proposed. Ordinance.. ,,'C' S-~UcInIeto Room Ranovatlon Project B~ moved that this be The CIllb House" to QonlOn. 00natructi0n cqrjiIklerecI.thljI _.reed- Pusateri's, Hammerheadli Company In the contract Ing of the OrdInance. BarIBIIIIarda, Tony's Place, amomotlonunt of $33..900.. '. upon MS8condecl. ~._-by Michalski. Town Clock Inn. GoeIz'a. -..... ~ and filed., . ~ ,f8Jed due to the and DubUque Mining - tnovecI ~ of' ....,_.ngvote:.Yeas-BuoI, Company; Class 'B' Wine ResoIuIIon No. 51:.05 Ap- CCoMbrS, MIchalski. Nays- Permit tQ I-\artig Drug proving plans and specifi- line, Duggan, Marikham Econo Foods, and ~ QBtionS ahd' ~ No. Nicholson. ' tl~:: ~a: ~~~. Irn=:"?~~~ Grape Harbor. Seconded MotIon carried 7-0. . icy Guidelines: muni- by ConnonI. Molton 08/"- ,Upc;ln Il19tIQn the rules cation from the Historlo riecl7-0. were 'AlInsW8d Ifmltlng ~ Commls8lon ITEMS TO BE SET FOR discussion to the COUncil. in response to a request PUBLIC HEARING ACTION ITEMS from the Four Mounds Fiscal Yew 2006 Annual Amendments to ~. Hu- Foundation. recomrnend- ~~I~~ ~::=';o::::':; ~:~:~'=t IIc hearing be set for Feb- Human Rights Commls- ~1'8!'1 (HDPIp) Policy ruary 28, 2005 on the Fls- slon recommending adop- Guiaeilnee be revised to cai Year 2006 Annual Ac- tIon of amendments to the Include local .Iandmark tion Pian, upon motion 18- Human Relations Qrdi- sites, 4pon motion 18- ceived and fllect. CIlne I18I'lC!f tiJat would prohibit ceIved and filed and ap- :=No~~ ~~~ ~rr~~rict- public hearing on.thePiQ- municliltion from Judy Ing: CIty Manager submlt- ~:' ~~)~rn= ~GIe~~~~~::: '::9 =~ Development Block Grant sian,. requesting to ad- the funding struC!U1'8 for (CDBG) Annual Action Plan dress the Mayor and City the HUD Seotion 8. rental and set public hearing for Council regard. Ing the pro- assistanc:e program and posed sexual orientation actions being taken by the STATE OF IOWA DUBUQUE COUNTY {ss: CERTIFICATION OF PUBLICATION I, Bev Engler, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher ofthe Telegraph Herald,a newspaper of general circulatio pub~ished in the City of Dubuque, County of Dubuque and State of Iowa; hereby certIfy that the attached notice was published in said newspaper on the following dates: February 16,2005, and for which the charge is $263.30. ~Lf- S~bscribed to before me, a ~ Public in and for Dubuque County, Iowa, thIS 11 day of \.. /1 i ;?"Lo- ' 20 L5-. ~L tary Public in and for Dubuque County, Iowa. :i" '.. ~ ~ ~ 'O'ft''' JANET K. PAPE Commission Number 199659 My Comm. Exp, cec, 11,2007 .. .... II.V'WI. ..,W\n IUUYau ,,,,r; ~ ofRllolutlon No. "r.1/13, 5 ~ Con- .. ~ ..~. :;'ItantAgr1lement for = C!tY~."'~",~ ~~c:".:::r:; Of JanUlJIry 3 and 172M5 u.. Improvement of Iowa ~.~~. '~..' ',. Of.: . ~~~ 32 (Southwest ~' .'.,..'. ..,.riICelved ~. M=~ Printed"Councii ~_ 7-0. . . logs for DeCember, 2004 Water Works Park: CIty upon motion received and MInager recommending ftIed and approved as ra' of the submlssloii printed. ~ a grant appIIcatlon to Substance Abuse Serv- Iowa Oep&rtment of leas Center (SASC) SecSec- Natural Resources ODNR) ond Quarterly ReJ>ori: for a Water Recreation AI;- m::' motion received and =-~ ra:p ~ Investment Oversight Ad- paridng at Water Works vIsory Commission 47th Pn. upon motion 1'8- Ouarterty Report, upon cel!Ied and filed. Bu61 motion received and filed. moved adoption of Reso- NotIce of Claims/Suits: lutIon No. 36-05 Authoriz- ~ M. Brehm for ~ an application for a penIOnaI Injury; Sheri ~ forRecreatIonboat ramAccess~ and Clancy for vehicle damage and personal injuries; Jen- =ark.ing atSecondedWater orks~ niter Huseman for vehicle damage; Mary Jo Roling- Connors. Motion carried - Danner for unlocking of car o. . door; Rose Ruff for vehicle . U~a1n Street HIstor- damage; Mr. and Mrs. IC : Historic Preser- JameS Matheos for prop- vat/on Commlsslon recom- erfy damage; Elmer J. meodIng City Council ap- floPinson for property provaI of the nomination of damage, upon motion 18- the Upper Main Street His- ceIved and fiied and refer- torlc 0Iatrict to the NatIon- red to Legal for Investiga- aI Register of Historic P1a- tlon. C8$ and forwarding of the Corporation Counsel ad- nomination to the State cIaIrl'IvIsIng that the following Nominations Review Com- s have been referred mItIte,. upon motion 18- to Public Entity Risk Serv- ceIvecJ and filed and ap- ~ of Iowa. the agent for proved nomination. the Iowa Communities As- ElgIe Point Water Plant suranc:e Pool: Clarence M. Elevalor ADA RenOVllllon Brehrri for personal injury; Improvem~t ~.gty Shlut CI8ncy for personal Manager recollii1iei1dlng InjuryIvehIcl8 damage; and acceptance of the Eagle JenriIfer HuIeman for vehi- Point Water Plant Elevator cIe damagIt, upon motion ADA Renovation Improve- received ~ filed and ment Project as completed concumld. by . Klauer Construction Corporation Counsel rec- CO/r4:lany In the final con- ommending appr aI f tract. amount Of"3T.447 the.'ctaim of M~ J~ upon motion teceIved and Rolling-Danner for vehicle ~Ied. Buol moved adop- :=:eageDe~~~ g~~~~t payment, upon motion 18- and RasoI' .. 38-05 ceIved and filed and con- Approving final contract curred and directed, FI- amount. Secondedby nance Department to issue .Connors. Motion ~ payment. 7-0. Corporation Counsel reo- Water Distribution Geo- ommendl!19 denial of the graphical Information Sys- claim of Eric Wilson for va- tem (GIS) Update: City ~lcle damage, upon mo- M~ recommending lion receivecl and filed and ~provaI of a contract with concurred. ill!lman Stanley and As- Community Development sociates to perform the AdvIsoryCom Commission: work of updating the Geo- munication from WaI- graphical Infonnatlon Sys- ter A. Pregler advising that tem maps in Water DIstri- he does not Intend to 18- bution, 'upon motion 18- apply for appointment to c:eIved and filed and ap- ai10ther term on the Com- proved recommendation. munity Development Adlti- Dubuque industrial Can- sory Commission, upon ter West 3rd Addition - motion teceIved and filed. Contract Amendments. Medlacom: Communica- 9ity Manager recomm~ tion from Kathleen 109 approval of amend- McMul~, Area Manager ments'3 and #t4 to the of Medlacom Communica- contract with IIW for de- !kJns Corpa atloh, thank- sign and engineering of the 109 the Mayor and City pro~ 150. aae expIMl- Council for the opportunity sion of Dubuque Industrlal to addl'8SS the Council re- Cen~er West, upon motion garding the statui of fran,. received and filed and ap- -~-- and providing 'up-' '~,..., ....:Traffic Safety date 00 in. Gtapt,'CftYMatlager rec- vestment in. . 'and om!1l!"gappl'OVll of City ~ r - t' tile. ' IssIon of an appli- Kafhleen ~ul*, Mi~ " or a Governor's Manager of Mediacbri'i' '. " Grent In the Communications. upon h of 0,166 for twO mot~ teceIved and filed. undred I1ou!8 of traffic Citizen Communication' safety ..'. I'8lmbursement Communication from caroi overtime funds and the ;~.. ,=-...)".......<i.,..~.'. 9f.....~...~i Northwest ..... . to.' , ,. . ~. keep the chlfdrelt." as' ;' ".'. ttlevelopment they walk to and from the Block GnJ!1l Funding: new middle school upon CommunicatIon from the motion received and filed C<>n:1munity Development and referred to the City Adv~ Co.mmisslon 18- Manager. Cline requested questing City CourICiI's that sIgnage for pedestrian sup~ for continued crossings at intersections fundIng of Mure CotnI11Uno- along Highway 20 be ity Deveiopment BiQck ~~.:."~ ...-....._-...~.:6.....,.~1I~.~ ~,. ~ ot'~.'.., "~' glloClUUfcnl&O. .UIG WIIfdI wnen . - ... -.-.. =.::;,.~a:e': :r~ni to address to~'the lIChedOIe HIlltOric Pre8ervation Re- and to publish hOb ~ loan Fund: CIty g:,::.. ~ thataru:R: CIty~~~~ 7-0. ' their former ac;tlon epprov- Quarterly Investm. ant Re- ~ ~Ban~ =- ~ ~ . sub- $200.000 General. ObIlga- goo4 ~eec::.:t t' CapItaJ Loan Note for =.:rled~ 18- RevoIvIn~ ~~: Bee Br8nch Creek Resto- upon motion teceIved and ration AIIanment StudvStudy Re- filed. Cline moved adop- port: COrnmunic:atiOn to tlon of Resolution No. 48- Wayne Klostermann In 18- 05 Ratifying prior proceed- aponse to concams with Inga to take addltlonal ac- the a.. 8nu:Ich Creek Re- tlon for the authorization of atondIon AlIgnment Study a loan &grel!ment and the Fleport, upon motion 18- Issuance of $200,000 Gen- ceIved and filed. eraI ObllC Loan andeerrrbanment~ =Ors. Motion ~ Communication from th8 7-0. andOepartmenUrbant 2f !"lousing Five Flags HVAC Project: DevelOpment Proof of publication on no- lHUD) advising that the tIce of hearing on plans City has been selected to and specifications 8I'jd City raceIve funding for the FIe- Manager recommending caI Year 2004 HQu8Ing award of the contract for Choice Voucher F8lnI1Y the FIve Flags HVAC Re- SSelfpportSufflclency program to IlIacementBrothersProJect u one home- GeIsler Bn n Compan~ ownership renewal posi_ In the contract amount of tlon. and onlt reguIlIr 18- S480,181, upon motion 18- newaI poaitIon, upon mo- ceIved and fiIed/ Markham tion teceIved and filed. moved adoption of Rasa- BuslnessLlcenses: Bu6I ,lutIon No. 49-05 Approving moved adoption of Rpo- plans and speclffcationS lutIon No. 43-05 nr.._ .. A:1nd ~ No. 50-05 the issuanoe of;Ci; w .) ClOAtrect. 'C' Beer Permit to ~ Secorld8d by Cline. Mo- que Discount Gas (Can- lion can1ed 1-0. traI), Okv Doky, Dubuque Indian Room Rest Room Discounf Gas (Hwy 20) EI Renovation Project: Proof Palsano, Eoono FoodS ind of publication on notice of Hartig Drug and ResolutIon ~~~. plans and ,.~~~~ =~~; em Dubuque Inn' Class the indian ROOm Rest 'C' Beer~or uCen.e to to~~ation Project The ClUb House ...........n Construction Pusateri's, Hammerhe8dS Company In the contract BerIBIHIards, Tony's PIaca amount of $33,900, upon Town Clock Inn, Goetz'': ~..?n received and filed. and Dubuque Mining --- moved III1QplIon of Company; Class 'B' Wine RasoIutlon No. 51-05 Ap- Permit to HartIg Drug proving plans and specifi- Econo Foods, and ~ Qaticlns-05!f'd R8!l91ut1on No. Harbor; and SpecIal C18$s 52-05...WIIFdIrici contract. 'c' Uquor Ucense to ~ c:am:r Connors'. Grape Harbor. Seconded 7-0. by Connors. MotIon car- ,Upon motion the rules ried 7-0. were reinstated. limiting ITEMS TO BE SET FOR discussion to the Council. PUIILIC HEARING ACTION ITEMS Fiscal Year 2006 Annual Amendments to the Hu- Action Plan: City Manager man Rel8tlons' OrdInance: recommending that a pub- Communication from the lic hearing be set for Feb- Human Rights Commis- ruery 28, 2005 on the Frs- IIion recommending adop- caI Year 2006 Annual AI;- tlon of amendments to the tlon Plan, upon motion 18- Human Relations Ordl- ceived and filect. Cline nance that would prohibit moved adoption of ReIIo- dIIIorImin&tion baed on lution No. 45-D5 Satting a sexual .orIentation; Com- public hearing on the. Pro- "1unlcation from Judy gram Year 2005(Rsca1 HaJ,y:. GIesen. Chair of the Year 2006) Community Human Rights Commis- Development Block Grent sIon, requesting to ad- (COBG) Annual Al;tion Plan ~ the Mayor and City and set public hearing for uncll regarding the pr0- posed sexual orientation buque League of Women Voters regarding the issue of changing the City's non- dlacrlminatTon policy to in- clude sexual orientation. upon motion received and filed. . An Ordln8(lce Amending Chapter 27, Human Rela- tions, of the City of Dubu- que Code of Ordinances by, adding two new para- giaphs to Sectl. on 27-1 de- fInlilg 'Sexual Orientation' and defining 'Religious Education lnatltution' and amending SectIons' 27- 51 (2l' 27-61(1)-(2), 27- 71(1 -(3), 27-72, 27-91(1)- (31. 27-101, 27-131~)1~' 21-132(c), 27-133( c 27-134,AND 27-14 '(1) 3) prohibiting discrimination based on 'sexual orienta- tion,' presented and read Buol moved that the ,.e.. qulrement that a proposecJ Ordinance be cOnsidered and voted on for J>8SSII98 at two Council MeetIngs prior to the meeting at which it Is to be finally passed be suspended. Seconded by Michalski. Motion fallecf due to the following vote: Yeas-- ~, Markham, BuOI. ayS-Cline. Connors, MiChalski, Nicholson. Judy Halley Giesen, 1600 lori, as Chair of the Hu- man Rights Com"1lsslon and SIsfer Jordan Dahm' -3300 WindsOr Ave., spoke requesting adoption of the proposecJ Ordinance. . leon Jensen, 510 St. ~ Street, and Father Richard Schaefer, 1330 Io- wa Street, spoke requ!lSt- /ng Council not adopt the proposed Ordinance. BlJol moved that this be considered the fil1lt read- Ing of the Ordln8rlC8. S8c0nde,d..:by Michalski. ,Motion fa\Jed due to the , following vote: Yeas-Buol ~,Mlchalskl. Nays~ C!lne, Duggan, Markham NICholson. ' Historic District Public Improvement Program Pol- Icy Guidelines: Communi- cation from the Historic ~n Commiaslon, In response to a requast from the Four Mounds Foundation. recommend- ing_the Historic Dis- trict PUblic Improvement Program (HDPIP) Policy Guidelines be revised to Include local landmark sit!lS, 4pon motion 18- calVed and filed and ap- proved recommendation. : SectIon 8 Program Fund- I~: 9ity Manager submit- ting ll'lfonnatlon on recent and continuing changes in the funding structul'8 for the HUD SectIon 8 rental assistance program and actions being taken by the STATE OF IOWA DUBUQUE COUNTY {ss: CERTIFICATION OF PUBLICATION I, Bev Engler, a Billing Clerk for Woodward Communications, Inc., corporation, publisher of the Telegraph Herald,a newspaper of gener published in the City of Dubuque, County of Dubuque and State of I certify that the attached notice was published in said newspaper on tl dates: February 16,2005, and for which the charge is $263.30. ~~ Lf- Subscribed to before me, a ~~? Public in and for Dubuque Count this ! 1 day of \.. ')/1 i J7L.O . , 20 L5-. ~K~L .Nbtary Public in and for Dubuque CO! :it- '... ~ ~ . . fO,""" JANET K. PAP; Commission Number l' My Comm. Elp, DEC. 11