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
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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'
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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