2 7 05 Skeleton Sheet & Notes
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CITY COUNCIL SPECIAL SESSION, NeY~8LK '15, 2004
COUNCIL MET IN,SPECIAL SESSION AT 5:30 P.M. IN THE LIBRARY AUDITORIUM
PRESENT: MAYOR DUGGAN, COUNCIL MEMBERS BUOL, CLINE, CONNORS,
MARKHAM, MICHALSKI, NICHOLSON
CITY MANAGER VAN MILLlGEN; CO~PORATION COUNSEL LINDAHL
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Mayor Duggan read the call and stated this is a special session of the City Council
called for the purpose of discussing tb~ 1)Q~,"ynl\#.Q'nSRWalk Be8ll1ls:
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CITY COUNCIL REGULAR SESSION, FEBRUARY 7, 2005
COUNCIL MET IN REGU~ SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM
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PRESENT: MAYOR DUGt;AN, COUNCIL MEMBERS BOOL, CLI~E, CONNORS,
MARK"'~M, MICHfLSKI, NICt1QLSO,N
CITY MAN.~l:R VAN MILUGEN; COtPORATION COUNSELl UNDAHL
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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 Bjornstad, Chaplain - Luther Manor. ., ' 1-#" ,4./
PROCLAMATIONS: Downtown Kiwanis Club Month I 2M'''~ /7~ ~~<I /,)1/,/ .
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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 4th Quarterly Report
Suggested Disposition: Receive and File; Approve as Printed
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
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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
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
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
Ayes Nays
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Duggan
Markham
Michalski
Nicholson
Buol
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5.
Citizen Communication
Communication from Carol and 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
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 d?-:? i?:5 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
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
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Accepting improvement
RESOLUTION .-:" <)__
Approving final contract amount
RESOLUTION
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Approving preliminary schedule of final assessments
Suggested Disposition: Receive and File; Adopt Resolutions
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8.
Holliday Addition - Acceptance of Public Improvements
City Manager recommending acceptance of the public improvements recently
completed in Holliday Addition by the developer, aHa Properties.
RESOLUTION ::::J'. /:)~:;- Accepting improvements in Holliday Addition
Suggested Disposition: Receive and File; Adopt Resolution
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 .3: ,/ ' ~/ 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
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 j.:;~/) ,-F 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
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
Cline
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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 ~)_7 /} ,-~- 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
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.
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Suggested Disposition: Receive and File; Approve
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
RESOLUTION --;. (;_: /), '/ Approving final contract amount
Suggested Disposition: Receive and File; Adopt 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
Ayes Nays
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Duggan
Markham
Michalski
Nicholson
Buol
Cline
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. 15. Dubuque Industrial Center West 3rd 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
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
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
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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 /;/ ,;J;-
Accepting improvement
RESOLUTION ;//;; ()~C-
Approving final contract
Suggested Disposition: Receive and File; Adopt Resolutions
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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
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
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
Ayes Nays
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Buol
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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 / ",7' /:7~'- 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
23. Quarterly Investment Report
City Manager submitting the December 31, 2004 Quarterly Investment Report.
Suggested Disposition: Receive and File
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
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
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Markham
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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
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Connors
Duggan
Markham
Michalski
Nicholson
Buol
Cline
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ITEMS TO BE SET FOR PUBLIC HEARING
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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 </~~-/?:-5" 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
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 /;/;{7 (/~~- 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
~~ested Disposition: Receive and File; Adopt Resolutions; Public Hearing
T75 or 3/9/05
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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
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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 \ () 1
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PUBLIC HEARINGS
SUSPEND THE RULES
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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 '/l-f- . (-:J c,'/:- 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
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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 ~ri)'?>- Awarding contract
Suggested Disposition: Receive and File; Adopt Resolutions
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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 .:-~;c .. /::/c'- Awarding contract
Suggested Disposition: Receive and File; Adopt Resolutions
Aye, . Nays
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REINSTATE THE RULES
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ACTION ITEMS
1.
Amendmen1s 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."
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
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Allen, Janice Weig, Charlotte and Rachel Boland, AI Pefley, and Eugene Hingtgen, in
opposition to changing the City's nondiscrimination ordinance to include sexual
orientation.
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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
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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
Ayes Nays
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3.
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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. _ ! f.l'
Suggested Disposition: Receive and File (Ill!
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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 $105,582.
Suggested Disposition: Receive and File; Approve
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Markham
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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 rgJ- v:'--;- 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:
5.
Receive and File; Motion B; Motion A
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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 6 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
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PUBLIC INPUT / pP I j)
At this time, anyone in the Council Chambers may address the Council on matters which a;b 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.
Nays
Connors
Duggan
(I) Markham
/ '. Michalski
/ Nicholson
/ "-' Buol
/ /~line
Ayes
/
COUNCIL MEMBER REPORTS
CLOSED SeSSION
I/)ending ~iti~tion - Chapter 21.5(1)(c) 2003 Code of Iowa
. /:t).{~~1z'/(/{//._/< ., /'1/'
Motion to ~8ea GesblotratY ,,')
'r;;conn~:S
j - Duggan
/ / Markham
/ /) Michalski
/ . Nicholson
.I Buol
Cline
/
22
.
.
.
Motion to adjourn at
Ayes Nays
Connors
Duggan
Markham
Michalski
Nicholson
Buol
Cline
23