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7 1 02 Agenda with iconsCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING MONDAY, JULY 1, 2002 6:30 P.M. LIBRARY AUDITORIUM INVOCATION Reverend John Hulsizer, Pastor, Church of the Nazarene PROCLAMATIONS American Character Week (September 6 - 14, 2002) American Character Week 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 regarding their desire to serve on the following Boards/Commissions: Historic Preservation Commission (Three 3-year terms to expire 7/1/05 representing Old Main District, Langworthy District and Architect/At Large and one unexpired 3-year terms to expire 7/1/04 representing West 11th District): Applicants: Terry Mozena (Langworthy District); Christopher J. Wand (Amhitect/At Large) Housing Commission (Two unexpired terms expiring 8/17/02 and 8/17/03) Applicant: Danita L. Galdick TV Cable Regulatory Commission (Two 3-year terms of Tigges and Webster to expire 6/30/05, one unexpired term to expire 6/30/04) Applicants: Danita L. Gladick, Ronald Tigges; Walter Webster TV Cable Teleprogramming Commission (Three 3-year terms of Allen, Wanamaker, and Hoverman to expire 6/30/05, two unexpired 3-year terms to expire 6/30/03 Applicant: Daniel B. Wilant Appointments to the following Boards/Commissions: Long Range Advisory Commission (Two 3-years terms to expire 7/1/05 - terms of Portzen and Rusk): Applicants: Michael E. Portzen, David Rusk Park and Recreation Commission (Two 3-year terms to expire 6/30/05 - terms of Blocklinger and Schrobilgen): Applicants: Robert J. Blocker, Tom BIocklinger, Danita L. Galdick, Tom Schrobilgen Zoning Advisory Commission (Three 3-year terms to expire 7/1/05 - terms of Christ, Schiltz, Smith): Applicants: Martha E. Christ, Ferd Nesler, Richard J. Schiltz, Ron Smith Zoning Board of Adjustment (One 5-year term to expire 3~25~07 - term of Beeler) Applicant: William J. Felderman Board & Commissior Overview U~ HPC Applications Housing Applications List Cable Regulatory CabIe Programming LRPC Apps Park and Rec ZAC App$ ZBA App PUBLIC HEARINGS SUSPEND THE RULES Sale of City Lots - Napier Street Proof of publication on notice of hearing and City Manager recommending approval of a request from Robert J. Cartmill and Glenn and Georgia Bankson to purchase Lots 138 and 139 of Mechanic's Addition on the north side of Napier Street. RESOLUTION Disposing of City interest in Lots 138 and 139 of Mechanic's Addition Suggested Disposition: Receive and File; Adopt Resolution Napier - MVM Memo Napier - Staff Memo Napier - Map Napier - Resolution Napier - Plat Education and Conference Center - Bid Package #2 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 Education and Conference Center- Bid Package #2 Project to Canam Steel Corporation in the amount of $440,500. 2 RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Canam Steel Corporation Suggested Disposition: Receive and File; Adopt Resolutions Bid Package - MVM Package - Staff Resolution #1 Resolution #2 Memo Memo Bunker Hill Sidewalk Installation 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 Bunker Hill Sidewalk Installation Project to Winger Construction, L.C., in the amount of $36,172. RESOLUTION Adopting plans and specifications for the project RESOLUTION Awarding contract to Winger Construction, L.C. Suggested Disposition: Receive and File; Adopt Resolutions Sidewalk - MVM Sidewalk - Staff Sidewalk - Agreement - :[959 Memo Memo Resolutions Sidewalks - Map REINSTATE THE RULES ACTION ITEMS Penalty for Tobacco Permit Holder (Tabled on June 17, 2002) Council consideration of assessing a civil penalty against the Liquor Depot for underage tobacco sales. Suggested Disposition: Remove from Table; Receive and File; Assess Penalty Penalties - Staff Memo Human Rights Ordinance (Tabled on June 3, 2002) City Manager submitting clarification material for recommended changes to the Human Relations Ordinance. 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- 3 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: Remove from Table; Motion on Table was: Receive and File; Motion B; Motion A Ordinance - HVM Ordinance - Staff Stikeout Version Memo Memo Ordinance Motion on Table Expansion of Main Street Parking Meter District City Manager recommending expansion of the downtown parking meter district to include Main Street from Fifth Street to Ninth Street in anticipation of the July opening of Main Street. ORDINANCE Amending Section 32-336 of the City of Dubuque Code of Ordinances establishing the Municipal Parking Meter District by adding both sides of Main Street from Fifth Street to Ninth Street Suggested Disposition: Receive and File; Motion B; Motion A Meter - MVM Memo Meter - Staff Memo Meter Ordinance Suggested Motion NOTE: Drawings included as hard copy. 4 Main Street Traffic Signage City Manager recommending that, with the opening of Main Street in July, a stop sign be placed on Main Street at 5m Street for southbound traffic, and that stop signs be placed to stop eastbound and westbound traffic on 8m Street at Main Street. ORDINANCE Amending the Code of O~'dinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the addition of stop signs on Eighth Street at Main Street Suggested Disposition: Receive and File; Motion B; Motion A Signs - MVM Memo Signs - Staff Memo Signs- Ordinance Suggested Motion Resource Enhancement and Protection (REAP) Program City Manager recommending approval of the updated REAP Plan and requesting that a Council representative be appointed to the REAP Committee. Suggested Disposition: Receive and File; Approve; Council Appointment REAP - MVM Memo REAP - Staff Memo REAP Update Supervisor's Ltr Water Tower and Northwest Arterial Water Main Extension Engineering Services Contract City Manager recommending approval of the award of the engineering services contract for the proposed water tower to be located adjacent to the soccer complex on John F. Kennedy Road and the Northwest Arterial watermain extension project to Veenstra and Kimm, Inc. Suggested Disposition: Receive and File; Approve MVM Cover Memo Tower - Staff Memo Extension - Staff Background Memos - Memo E,.'d~nsion Background Memos Tower RFP - Extension RFP - Tower 5 Bell Street and Fifth Street Construction City Manager recommending that Resolution No. 322-02 - Ordering Bids - for the Bell Street and Fifth Street Construction Project be rescinded as the project will not be ready for bid with the original timeframe and submitting design alternatives for the construction of Bell Street. The July 15, 2002 public hearing on the plans and specifications for the project will proceed on schedule. RESOLUTION Rescinding Resolution No. 322-02, Ordering Bids, for the Bell Street and Fifth Street Construction Project Suggested Disposition: Receive and File; Adopt Resolution Bell Street - MVM Bell Street - Staff Memo Memo Bell - Staff Memo Bell - Resolution Alternate #1 Alternate #2 Red Cross Emergency Response Vehicle City Manager recommending that the City provide $5,000 toward the purchase of the Red Cress Emergency Response Vehicle. Suggested Disposition: Receive and File; Approve Red Cross - MVM Memo Red Cross - Staff Memo COUNCIL MEMBER REPORTS ITEMS TO BE SET FOR PUBLIC HEARING Van Buren Street - Vacating Petition City Manager recommending that a public hearing be set for July 15, 2002 to consider a request from Michael and Sally Basten to vacate a portion of Van Buren Street (formerly Lenox Avenue). RESOLUTION Approving plat of proposed vacated portion of Van Buren Street (formerly Lenox Avenue) ORDINANCE Vacating a portion of Van Buren Street (formerly Lenox Avenue) RESOLUTION of Intent to dispose of City interest in Lot 119A of Lenox Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A; Public Hearing 7/15/02 Van Buren - NVM Van Buren - Staff Memo Hemo Resolution #! Ordinance Resolution #2 Basten Ltr Van Buren - Map Van Buren - Plat Suggested Motion Southern Avenue - Vacating Petition City Manager recommending that a public hearing be set for July 15, 2002 to consider a request from David S. Hartig, Jr., to vacate a portion of Southern Avenue (formerly platted as Stewart Street). RESOLUTION Approving plat of proposed vacated portion of Southern Avenue (formerly platted as Stewart Street) ORDINANCE Vacating a portion of Southern Avenue (formerly platted as Stewart Street) RESOLUTION of Intent to dispose of City interest in Lot 61 of Shipton's Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A; Public Hearing 7/'15/02 Southern - MVM Southern - Staff Memo Memo Hartig Ltr Southern - Map Southern - Plat Resolution #1 Ordinance Resolution #2 Suggested Motion Stewart Annexation City Manager recommending that a public hearing be set for August 5, 2002 to consider a voluntary annexation request of Wayne and Lynn Stewart for property located on Old Highway Road. Suggested Disposition: Receive and File; Public Hearing 8/5/02 Stewart - MVM Memo Stewart - Staff Stewart - Exhibit A Memo 7 = Wartburg Place Reconstruction Project - Initiate City Manager recommending initiation of the bidding process for the Wartburg Place Reconstruction Project and setting a public hearing for August 5, 2002. Communication of Corporation Counsel Barry Lindahl regarding the status of Sunset Ridge. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of headng on plans and specifications RESOLUTION of Necessity RESOLUTION Fixing date of hearing on Resolution of Necessity RESOLUTION Approving preliminary schedule of assessments RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 8/5/02 Wartburg - ~ BAL Letter Wartburg - Staff Waratburg - Memo Memo Resolutions Wad:burg Assessments Wartburg - Map CONSENTITEMS Minutes Submitted Airport Commission of 5/28; City Council of 6/12 and 6/17; Community Development Advisory Commission of 6/5; Downtown Planning Committee of the Long Range Planning Advisory Commission of 6/10; Five Flags Commission of 5/20; Long Range Planning Commission of 6/19; Park and Recreation Commission of 5/14; Zoning Advisory Commission of 6/5; Proof of publication of City Council proceedings of June 3, 2002, June 10 and June 12; proof of publication of list of claims and summary of revenues for the month ending May 31,2002. Printed City Council proceedings for February, 2002. Suggested Disposition: Receive and File; Approve as Printed Airpo~ Council - 6 12 Council - 6 ~.7 Community Five Flags Human Rights Development LPJ:'C Downtown Park and Rec Zoning Proceedings Notice of Claims/Suits Joshua Christenson in estimated amount of $1,560 plus medical expenses for personal injury; Dempsey's and Molly's Pub and Grub in undetermined amount for property damage; Roger P. Ebertz in undetermined amount for personal injury; Maria Fedderson in estimated amount of $881.76 for property damage; Daniel K. Kelly in estimated amount of $14.21 for property damage; Louis S. Roepsch in undetermined amount for personal injury. Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Joshua Chdstenson for personal injury; Dempsey's & Molly's Pub & Grub for property damage; Roger E. Ebertz for personal injury; Maria Feddersen for property damage; Nell T. Nelson for personal injury; Louis S. Roepsch for personal injury, Corporation Counsel recommending denial of the claim of Robert Clement for vehicle damage. Suggested Disposition: Receive and File; Concur Claims - [CAP Claim - Denied = Citizen Communications Communication of Albert Giegerich regarding Mediacom. Communication of Mark J. Sullivan requesting that consideration be given to placing yield signs or stop signs on Camelot Drive at its intersection with Embassy West Drive. Suggested Disposition: Receive and File; Refer to the City. Manager Giegerich Ltr Sullivan Lb' = Hillcrest Family Services Agreement City Manager recommending approval of an agreement with Hillcrest Family Services for the use of Murphy Park for the annual holiday light display. Suggested Disposition: Receive and File; Approve 9 Hillcrest - MVM Mem, Hillcrest - Staff Mem( Hillcrest Agreement Ice Rinks and Murphy Tennis Courts Lighting Project City Manager recommending acceptance of the Ice Rinks and Murphy Park Tennis Courts Lighting Project in the final contract amount of $108,277.07. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolution Ice Rinks - MVM Ice Rink - Staff Resolution #1 Resolution #2 Memo Memo Surface Transportation Board Communication from the Surface Transportation Board regarding the proposal by Iowa, Chicago and Eastern Railroad Corporation to acquire and operate all the rail lines of I & M Rail Link, LLC. Suggested Disposition: Receive and File 5'~ Le~er Chicago Central and Pacific Railroad Company- Subordination Agreement City Manager recommending approval of a Subordination Agreement with the Chicago Central and Pacific Railroad Company for the construction of a 24-foot wide roadway and an 8-foot wide sidewalk along the westedy side of the Ice Harbor. RESOLUTION Approving Subordination Agreement between the City of Dubuque and Chicago Central and Pacific Railroad Company for the purpose of construction, operation, and maintenance of a roadway along the westerly side of the Ice Harbor Suggested Disposition: Receive and File; Adopt Resolution Railroad - MVM Mem, Railroad - Staff Railroad - Resolution Railroad Ltr Agreement Memo NOTE: Drawings included as hard copy. i0 Harvest Business Center Final Plat - Dedication of Lot B City Manager recommending acceptance of the dedication of Lot B of Harvest Business Center as a public street. RESOLUTION Accepting the dedication of Lot B of Harvest Business Center, being a part of Meinen Court, to the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution Ha~est-MVM Hem¢ Hawest-Staff Memo Harvest - Resolution Harvest - Plat Formal Application for EPA Brownfield Grant City Manager recommending approval of the submission of the formal application for an Environmental Protection Agency Brownfield Grant for environmental assessments in the Port of Dubuque. RESOLUTION Authorizing the filing of a formal application for he Brownflelds Assessment Demonstration Pilot program for environmental assessments in the Port of Dubuque Suggested Disposition: Receive and File; Approve Grant - MVM Memo Grant - Staff Memo Grant - Resolution Grant - Work Plan Grant Application 10. State Historical Society of Iowa Communication from the State Historical Society of Iowa advising that the Grand Opera House has been accepted for nomination to the National Register of Historic Places. Suggested Disposition: Receive and File Historical Society Lb' 11, Iowa Department of Natural Resources Communication from the Iowa Department of Natural Resources submitting the inspection report for the City's wastewater treatment plant. Suggested Disposition: Receive and File; Refer to City Manager 11 DNR Report 12. U.S. Department of Housing and Urban Development City Manager recommending approval of the Community Development Block Grant (CDBG) Agreement with the U.S. Department of Housing and Urban Development in the amount of $1,487,000 for the program year beginning July 1, 2002. RESOLUTION Authorizing execution of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development Suggested Disposition: Receive and File; Adopt Resolution HUD - MVH Memo HUD - Staff Memo HUD - Resolution HUD Ltr 13. i4. America's River Museum - EDI Special Purpose Grant City Manager recommending approval of a $1,000,000 Economic Development Initiative (EDI) Special Project grant agreement with the U.S. Department of Housing and Urban Development and a subgrantee contract with Dubuque County Historical Society for the America's River Museum. RESOLUTION Providing for an Economic Development Initiative (EDI) Special Project Grant Agreement with HUD and Subgrantee Contract with the Dubuque County Historical Society for the America's River Museum Suggested Disposition: Receive and File; Adopt Resolution EDI - MVM Memo EDI - Staff Memo EDI - Resolution EDI Grant Subgrantee Agreement Agreement Scholarship Grant for Historic Preservation Commissioners and Staff City Manager recommending approval of a scholarship grant agreement from the State Historical Society of Iowa to send two Historic Preservation Commissioners and two Planning Services staff to the annual conference of the National Alliance of Preservation Commissions. Suggested Disposition: Receive and File; Approve Grant - MVM Memo Grant - Staff Memo Grant - Ltr to State Application Grant Agreement 12 i5. Business License Refund Attitudes Pub and Grill requesting a refund on their beer and liquor combination license in the amount of $422.50. Suggested Disposition: Receive and File; Approve Refund Refund Request 16. Business Licenses RESOLUTION Granting the issuance of nine renewal permits to sell cigarettes and cigarette papers within the City RESOLUTION Granting the issuance of a Class "B" Beer (Special Event) Permit to Dubuque Jaycees (Tents A, B and C in Washington Park); and Class "C" Beer Permit to Oky Doky #14 RESOLUTION Granting issuance of a Class "C" Beer/Liquor License to Jumpers Sports Bar & Grill, Airport Inn, Diamond Jo Casino Portside, Applebee's Neighborhood Grill, Bodines, Creslanes Bowling, Murphs South End Tap, and Walnut Tap Suggested Disposition: Adopt Resolutions Resolution #1 Resolution #2 Resolution #3 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 cleady. Proceed with your comments; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. CLOSED SESSION Pending Litigation - Chapter 21.5(1)(c) 2001 Code of Iowa Collective Bargaining Strategy- Iowa Code Chapter 20.17(3) Jeanne F. Schneider June 27, 2002 i3