6 03 02 Council Agenda iconsCITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
MONDAY, JUNE 3, 2002
4:15 P.M. - FOURTH STREET PARKING RAMP RIBBON CUTTING CEREMONY
5:00 P.M. - DINNER- LIBRARY ROTUN DA
5:30 P.M. - SPECIAL MEETING - STORM WATER UTILITY
6:30 P.M. - REGULAR MEETING
LIBRARY AUDITORIUM
INVOCATION
Reverend David Pacholke, Chaplain, The Finley Hos pital
PROCLAMATIONS
Rising Stars Independent League Days (June 8 and 9, 2002)
Apples for Students Months (June and July, 2002)
Rising Stars Apples for Students
CONSENT ITEMS (See Pages 8 - 13)
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.
BOARDS/COMMISSIONS
Applicants are invited to address the Council to express their desire to serve on the following
Boards/Commissions:
Electrical Code Board (Five 3-year terms/Five vacancies)
Applicants: James Dixon, Dan Hammel, Kevin Pfohl, David A. Pregler, Elaine L. Reiss
Environmental Stewardship Advisory Commission (One 1-year youth term)
Applicant: Michael Hirsch
Appointments to the following Commissions:
Civil Service Commission (Mayor appointment with Council concurrence - One 4-year term
to expire 4/6/06):
Applicant: Loras KlUesner
Investment Oversight Commission: (One 3-year term to expire 7/1/05):
Applicant: Charles Spielman
Bds & Comm Ust Overview Elec Bd Apps ESAC App Civil Service App Investment App
PUBLIC HEARINGS
SUSPEND THE RULES
Vacating of Henion and Helena Streets
Proof of publication on notice of hearing and City Manager recommending approval of
the vacating and sale of Helena Street and a portion of Henion Street to Loras College.
RESOLUTION Disposing of City interest in Lots lA and 2A of Hodgdon's Subdivision,
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Vacating - MVM Vacating - Staff Vacating - Resolution Loras - Exhibit Request Ltr Loras - Plat
Memo Memo
Old Highway 20 Water Main Extension Project
Proofs of publication on notice of hearing on plans and specifications and notice to
bidders on the receipt of bids, and City Manager recommending award of the contract
for the Old Highway 20 Water Main Extension Project to McDermott Excavating in the
amount of $101,867.90.
RESOLUTION Adopting plans and specifications for the project
RESOLUTION Awarding contract to McDermott Excavating
Suggested Disposition: Receive and File; Adopt Resolutions
Hw,/20 - MVM Hem( Hwy 20 - Staff Memo Hwy 20 - Resolutions
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City Hall First Floor Remodeling Project - First Floor Ceiling
Proofs of publication on notice of hearing on plans and specifications and notice to
bidders on the receipt of bids, and City Manager recommending award of the contract
for the City Hall First Floor Remodeling Project - First Floor Ceiling to Tricon
Construction Group in the amount of $56,000.
RESOLUTION Adopting plans and specifications for the project
RESOLUTION Awarding contract to Tricon Construction Group
Suggested Disposition: Receive and File; Adopt Resolutions
City Hall - MVM Mem City Hall - Staff
Mecno
Resolution #1 Resolution #2
REINSTATE THE RULES
ACTION ITEMS
45 West 13th Street - Request for Demolition Permit
Historic Preservation Commission recommending approval of a request from Dubuque
Bank and Trust to demolish a structure located at 45 West 13th Street to provide parking
for the planned rehabilitation of the Bell Block and Zieprrecht Buildings (former Walsh
Store).
Suggested Disposition: Receive and File; Approve Demolition
W 13th - ZAC Ltr W 13th - Decision W 13th - Staff W 13th Application W 13th - State
Report Material
W 13th - Pi~ures
=
1300 - 1322 Iowa Street - Request for Demolition Permit
Historic Preservation Commission recommending apprOval of a request from Dubuque
Bank and Trust to demolish a structure located at 1300 - 1322 Iowa Street (True Value)
to provide parking for the planned rehabilitation of the Bell Block and Zieprrecht
Buildings (former Walsh Store).
Suggested Disposition: Receive and File; Approve Demolition
Iowa St - ZAC Ltr Iowa St -Dedsion Iowa St - Staff Iowa St Application Iowa St - State
Report Material
Iowa St - Pictures
Plumbing Code
City Manager recommending adoption of the 2000 Uniform Plumbing Code (UPC)
published by the International Association of Plumbing and Mechanical Officials
(IAPMO).
ORDINANCE of the City of Dubuque, Iowa providing that the Code of Ordinances, City
of Dubuque, Iowa be amended by repealing Section 37-1 thereof and enacting a new
Section 37-1 thereof pertaining to revising and reenacting a Plumbing Code for the City
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of Dubuque, Iowa and providing for the issuance of permits and collection of fees
therefore
Suggested Disposition: Receive and File; Motion B; Motion A
Plbg - MVM Memo Plbg - Staff Memo Plumbing Ordinance Suggested Motion
Historic Buildings COde
City Manager recommending adoption of the Dubuque Historic Buildings Code.
ORDINANCE Amending the City of Dubuque Code of Ordinances Chapter 11 by adding
a new Article V Historic Buildings, providing alternative building standards for preserving
or restoring buildings or structures designated as historic buildings and providing for the
administration and enforcement of said standards
Suggested Disposition: Receive and File; Motion B; Motion A
Historic - MVM Mem~ Historic - Staff Memc Historic - Ordinance Suggested Motion
International Residential Code
City Manager recommending adoption of the 2000 International Residential Code (IRC)
published by the International Code Council, Inc., six amendments recommended by
the Building Code Board of Appeals and Appendix F.
Communication from the Environmental Stewardship Advisory Commission in support
of Appendix F (Radon Control Methods).
ORDINANCE Amending the Code of Ordinances, City of Dubuque, Iowa by adding and
enacting new Sections 11-5 and 11-6 thereof adopting the 2000 International
Residential Code for the City of Dubuque, Iowa and providing for the issuance of
permits and collection of fees therefore
Suggested Disposition: Receive and File; Motion B; Motion A
IRC - MVM Memo IRC - Staff Memo ESAC Ltr IRC - Ordinance Suggested Motion
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International Building Code
City Manager recommending adoption of the 2000 International Building Code (IBC)
published by the International Code Council, Inc.
ORDINANCE Amending the Code of Ordinances, City of Dubuque, Iowa by repealing
Section 11-1 and Section 11-2 and enacting new Sections 11-1 and 11-2 thereof
adopting the 2000 International Building Code for the City of Dubuque, Iowa and
providing for the issuance of permits and collection of fees therefore
Suggested Disposition: Receive and File; Motion B; Motion A
IBC - MVM Memo IBC - Staff Memo IBC - Ordinance Suggested Motion
Electrical Code
City Manager recommending adoption of the 2002 National Electric Code (NEC)
published by the National Fire Protection Association (NFPA).
ORDINANCE Amending the Code of Ordinances, City of Dubuque, Iowa by repealing
Section 18-1 thereof and enacting a new SectiOn 18-1 pertaining to revising and
reenacting an Electrical Code for the City of Dubuque, Iowa and providing for the
issuance of permits and collection of fees therefore
Suggested Disposition: Receive and File; Motion B; Motion A
NEC - MVM Memo NEC - Staff Memo NEC - Ordinance Suggested Motion
Heating, Air Conditioning and Ventilating (Mechanical) Code
City Manager recommending adoption of the 2000 Uniform Mechanical Code (UMC)
published by the International Association of Plumbing and Mechanical Officials
(IAPMO).
ORDINANCE Amending the Code of Ordinances, City of Dubuque, Iowa by repealing
Section 24-1 thereof and enacting a new Section 24-1 pertaining to revising and
reenacting a Mechanical Code for the City of Dubuque, Iowa and providing for the
issuance of permits and collection of fees therefore
Suggested Disposition: Receive and File; Motion B; Motion A
HVAC - MVM Memo HVAC - Staff Memo HVAC - Ordinance Suggested Motion
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10.
Human Relations Ordinance
City Manager recommending adoption of an amendment to Chapter 27, "Human
Relations" of the Code of Ordinances to make the Ordinance more consistent with
actual practices, clarify some provisions and remove others, and tighten some sections
by removing extraneous language.
ORDINANCE Amending the City Of Dubuque Code of Ordinances Section 27-1 by
substituting new definitions for "Court," "Person," and "Unfair Practice or Discriminatory
Practice"; by amending Section 27-23(b) Relating to Meetings; by amending Section 27-
27(4), (6) and (7) Clarifying the Powers and Duties of Commissioners; by amending
Section 27-29 Relating to the Issuance of Subpoenas; by amending Section 27-51(1 )
and (2) Relating to Illegal "Aiding or Abetting"; by amending 27-52(1) Concerning
Involuntary Retirement of Persons; by amending Section 27-61 Concerning Prohibited
Practices in Accommodations or Services; by amending Section 27-72 Exemptions from
Employment Practices; by amending Section 27-81(a) Relating to Employment
Prohibited Practices; by amending Section 27-82 Concerning Exemptions to Disability
Discrimination by Religious Entities and the Family Exemptions and the Employment
Prohibitions; by amending Section 27-84(e) which changes "Transportation Employees"
to "Governmental Regulations"; by amending Section 27-85(a) Relating to Prohibited
Practices in Public Accommodations and Section 27-85(c) Relating to Prohibited
Practices in Public Accommodations; by Amending Section 27-111 Clarifying who can
file civil rights complaints; by amending Section 27-114 Clarifying the ability of the
Director to screen complaints; by amending Section 27-116(a) Concerning the remedial
action in contested cases; by amending Section 27-117 clarifying the Section and by
deleting extraneous words; by repealing Section 27-119 Procedural Rules; by amending
Section 27-121 concerning how the Chapter is to be construed; and by substituting a
new definition of "Person" in Section 27-130
SuggeSted Disposition: Receive and File; Motion B; Motion A
Ordinance ~ MVM Ordinance - Staff Human Rights Suggested Motion
Memo Memo Ordinance
Affordable Housing Task Force
City Manager providing additional information and requesting City Council direction on
the recommendations presented in the December 2001 report of the Affordable Owner-
Occupied Housing Committee.
Suggested Disposition: Receive and File; Council Direction
NOTE: The material for this agenda item will be delivered on Friday.
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11.
Expansion of Parking Meter District on 8th Street and Main Street (First Reading
on 5~6~02; Second Reading on 5120102)
ORDINANCE Amending Section 32-336 of the City of Dubuque Code of Ordinances,
establishing the Municipal Parking Meter District by adding both sides of Eighth Street
from Main Street to Locust Street and both sides of Main Street from Fifth Street to
Ninth Street
Suggested Disposition: Receive and File; Motion A (Final Reading)
Metem - MVM Memo Meters - Staff Memo Meters - Ordinance Parking Plan
12.
Greater Dubuque Development Corporation
Communication from Rick Dickinson, Executive Director of Greater Dubuque
Development Corporation, requesting appointments to the GDDC Board of Directors
(currently Mayor, Council Member Dan Nicholson and Council Member Patricia Cline,
City Manager and Economic Development Director).
Suggested Disposition: Receive and File; Council Appointments
GDDC Ltr
COUNCIL MEMBER REPORTS
ITEMS TO BE SET FOR PUBLIC HEARING
Education and Conference Center- Bid Package #2 Project
City Manager recommending initiation of the bidding process for the Education and
Conference Center- Bid Package #2 Project and setting a public hearing for July 1,
2002.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Fixing date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
711102
Package #2 - MVM Package #2 - Staff Resolution #1 Resolution #2 Resolution #3
Memo Memo
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Bunker Hill Sidewalk Installation Project
City Manager recommending initiation of the bidding process for the Bunker Hill
Sidewalk Installation Project and setting a public hearing for July 1, 2002.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Fixing date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
7/1/02
Sidewalks - MVM Sidewalks - Staff Sidewalks - Agreement - 1959 Sidewalks - Map
Memo Memo Resolutions
Port of Dubuque Utility Relocation and Extension Project - Phase III
City Manager recommending initiation of the bidding process for the Port of Dubuque
Utility Relocation and Extension Project - Phase III and setting a public hearing for July
1, 2002.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Fixing date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
7/1/02
Port - MVM Memo Port - Staff Memo Port - Resolutions
CONSENTITEMS
Minutes Submitted
City Council of 5/20; Downtown Planning Committee of the Long Range Planning
Advisory Commission of 5/13; Enterprise Zone Commission of 4/25; Housing Trust
Fund of 5/10; Long Range Planning Advisory Commission of 5/15
Suggested Disposition: Receive and File
Council Downtown Enterprise Zone Housing LRPC
CommiLtee
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Notice of Claims/Suits
Dodds River Terminal, Inc., Molo Oil Company, Mulgrew Oil Company, D R B E
Properties, L.L.C., and Iowa Oil Company vs. City of Dubuque, Iowa and the City
Council of the City of Dubuque, Iowa; Mary M. Huseman in undetermined amount for
property damage; Gary Newt and Karen Newt, Newt Marine, Inc., Dubuque Barge and
Fleeting Service, Inc. d/b/a/Newt Marine and Dubuque Terminals, Inc. vs. the City of
Dubuque, Iowa; Marissa Schultz in estimated amount of $511.40 for vehicle damage;
Terrance J. Weidemann and Linda M. Weidemann vs. the City of Dubuque, Iowa and
the City Council of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
Corporation Counsel recommending that the claim of John Noel for property damage be
forwarded to Horsfield Construction, Inc.
Corporation Counsel recommending that the claim of John Kivlahan for property
damage be denied.
Suggested Disposition: Receive and File; Concur
Noel Claim Kiviahan Claim
Residential Parking Permit District Petition
Petition containing 28 signatures requesting that a residential parking permit district be
established to include all of Green Street from Asbury to Algona and Avoca Street from
Green to Cherry Street.
Suggested Disposition: Receive and File; Refer to City Manager
RPPD Petition
Dubuque Racing Association
City Manager recommending approval of a request from the Dubuque Racing
Association to amend the 2002 DRA capital improvement schedule.
Suggested Disposition: Receive and File; Approve
DRA - MVM Memo DRA Ltr
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Grand Opera House
Communication from the Historic Preservation Commission recommending the
nomination of the Grand Opera House to the National Register of Historic Places.
Suggested Disposition: Receive and File; Approve
Grand - HPC Ltr Registration Form
Lead Hazard Reduction Grant
City Manager recommending execution of an application to the U.S. Department of
Housing and Urban Development for the continuation of the Lead Based Paint Hazard
Prevention Program.
RESOLUTION Authorizing the Mayor to execute an application for a Lead Based Paint
Hazard Reduction Grant
Suggested Disposition: Receive and File; Adopt Resolution
Lead - MVM Memo Lead - Staff Memo Lead - Resolution
Healthy Homes Grant
City Manager recommending execution of an application to the U.S. Department of
Housing and Urban Development for a Healthy Homes Initiative Demonstration Grant to
promote cost-effective measures to correct multiple safety and health hazards in home
environments.
RESOLUTION Authorizing the Mayor to execute an application for a Healthy Homes
Initiative Demonstration Grant
Suggested Disposition: Receive and File; Adopt Resolution
Homes - MVM Mem¢ Homes - Staff Memo Homes - Resolution
10
Hillcrest Family Services HOPES Project
City Manager recommending approval of the publication of the Combined Notice of No
Significant Impact on the Environment and Notice of Intent to Request Release of
Funds for the Hillcrest Family Services HOPES Project.
RESOLUTION Authorizing publication of a Combined Notice of Finding of No
Significant Impact on the Environment and Notice of Intent to Request Release of
Funds for Hillcrest Family Services HOPES Project
Suggested Disposition: Receive and File; Adopt Resolution
HOPES - MVM Memo HOMES - Stuff Memc HOMES - Resolution Exhibit A
10.
Penalties for Tobacco Permit Holders
City Manager recommending that a hearing be held on June 17, 2002 to consider
assessing the appropriate civil penalty regarding underage tobacco sales conceming
eleven tobacco permit holders.
Suggested Disposition: Receive and File; Hearing 6/17/02
Penalties - MVM Penalties - Staff
Memo Memo
Algona Street Reconstruction Project
City Manager recommending adoption of the final schedule of assessments for the
Aigona Street Reconstruction Project.
RESOLUTION Adopting the final assessment schedule for the Algona Street
Reconstruction Project including certain information required by the Code of Iowa,
specifically, the number of annual installments into which assessments are divided, the
interest of all uppaid 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
Algona - MVM Memc Algona - Staff Memo Algona - Resolution Algona Assessments
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11.
12.
13.
Audubon Society Bulletin Board
City Manager recommending acceptance of a donation of a bulletin board by the
Dubuque Audubon Society to be installed in the park area on the west side of the East
15th Street Stormwater Detention Basin near the wildlife observation shelter.
Suggested Disposition: Receive and File; Approve
Audubon - MVM Audubon - Staff Audubon Ltr
Memo Memo
Bergfeld Recreation Area Jetty and Access Trail Project
City Manager recommending acceptance of the Bergfeld Recreation Area Jetty and
Access Trail Project in the final contract amount of $68,779.89.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Bergfeld - MVM Bergfeld - Staff Resolution #1 Resolution #2
Memo Memo
2001 Harbor Maintenance Dredging Project
City Manager recommending acceptance of the 2001 Harbor Maintenance Dredging
Project in the final contract amount of $83,708.95.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Harbor - MVM Memc Harbor - Staff Memo Harbor - Resolutions
14,
Transfers Between City of Dubuque Bank Accounts
City Manager recommending authorization for certain Finance Department employees
to obtain information and transfer money between City of Dubuque bank accounts.
RESOLUTION Authorizing certain City of Dubuque Finance Department employees to
obtain bank account_ information and make transfers between City of Dubuque bank
accounts within a banking institution
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15.
Suggested Disposition: Receive and File; Adopt Resolution
Transfers - MVM Transfers - Staff Transfers -
Memo Memo Resolution
United States Environmental Protection Agency
Communication from the United States Environmental Protection Agency advising that
the City of Dubuque has been selected as one of the pilots with whom EPA will pursue
negotiations to award a Brownfields Assessment Pilot cooperative agreement.
Suggested DisPosition: Receive and File
EPA Letter
16.
Mediacom
Communication from Mediacom advising of a change in their channel line-up for
Dubuque customers.
Suggested Disposition: Receive and File
Mediacom Ltr
17.
Business Licenses
RESOLUTION Granting the issuance of one new permit to sell cigarettes and cigarette
papers within the City to M & Z Food
RESOLUTION Granting the issuance of twenty-nine renewal permits to sell cigarettes
and cigarette papers within the City
RESOLUTION Granting the issuance of a Class "C" Beer Permit to Cedar Cross
Amoco, Hy-Vee Store, and M & Z Food
RESOLUTION Granting issuance of a Class "C" Beer/Liquor License to Jake's,
Dubuque Bowling Lanes and Jym's Bar; Special Class C" L'quor License to Four
Seasons Buffet and Mama Cassett's; and Class "B" Wine Permit to Hy-Vee Food Store
Suggested Disposition: Adopt Resolutions
Resolution #1 Resolution #2 Resolution #3 Resolution #4
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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.
Jeanne F. Schneider
May 30. 2002
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