Minutes Council 7 1 02CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, July 1, 2002
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham,
Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl.
Michalski,
Mayor Duggan read the call and stated this is the Regular Session of the City Council called
for the purpose of acting upon such business which may properly come before the City Council.
Invocation was given by Reverend John Hulsizer, Pastor, Church of the Nazarene.
Proclamation: American Character Week (September 6 - 14, 2002)
CONSENT ITEMS
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
Advisory Commission of 6/19; Park and Recreation Commission of 5/14; Zoning Advisory
Commission of 6/5, upon motion received and filed.
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,
upon motion received and filed.
Printed City Council proceedings for February, 2002, upon motion approved as printed.
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, upon motion referred to the Legal Staff for investigation and 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
Christenson for personal injury; Dempsey's & Molly's Pub & Grub for property damage; Roger
E. Ebertz for personal injury; Maria Feddersen for property damage; Neil T. Nelson for personal
injury; Louis S. Roepsch for personal injury, upon motion received and filed and concurred.
Corporation Counsel recommending denial of the claim of Robert Clement for vehicle
damage, upon motion received and filed and concurred.
Citizen Communications:
Communication of Albert Giegerich regarding Mediacom, upon motion received and filed and
referred to the City Manager.
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, upon motion
received and filed and referred to the City Manager.
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,
upon motion received and filed and approved recommendation.
Ice Rinks and Murphy Tennis Courts Lighting Project: City Manager recommending
acceptance of the Ice Rinks and Murphy Park Tennis Courts Light Project in the final contract
amount of $108,277.07, upon motion received and filed, Buol moved adoption of Resolution
No. 328-02 Accepting improvement and Resolution No. 329-02 Approving final estimate.
Seconded by Cline. Motion carried 7-0.
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, upon motion received and filed.
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 westerly side of the Ice Harbor, upon motion received and filed. Buol moved
adoption of Resolution No. 330-02 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. Seconded
by Cline. Motion carried 7-0.
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, upon
motion received and filed. Buol moved adoption of Resolution No. 331-02 Accepting the
dedication of Lot B of Harvest Business Center, being a part of Meinen Court, to the City of
Dubuque. Seconded by Cline. Motion carried 7-0.
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, upon motion received and filed. Buol
moved adoption of Resolution No. 332-02 Authorizing the filing of a formal application for the
Brownfields Assessment Demonstration Pilot program for environmental assessments in the
Port of Dubuque. Seconded by Cline. Motion carried 7-0.
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, upon motion received and filed.
Iowa Department of Natural Resources: Communication from the Iowa Department of Natural
Resources submitting the inspection report for the City's wastewater treatment plant, upon
motion received and filed and referred to the City Manager.
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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, upon motion received and filed. Buol moved adoption of Resolution No. 333-02
Authorizing execution of a Community Development Block Grant Agreement with the U.S.
Department of Housing and Urban Development. Seconded by Cline. Motion carried 7-0.
America's River Museum - EDI Special Project 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, upon motion received and
filed. Buol moved adoption of Resolution No. 334-02 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. Seconded by Cline.
Motion carried 7-0.
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, upon motion received
and filed and approved recommendation.
Business License Refund: Attitudes Pub and Grill requesting a refund on their beer and liquor
combination license in the amount of $422.50, upon motion received and filed and approved
request.
Business Licenses: Buol moved adoption of Resolution No. 335-02 Granting the issuance of
nine renewal permits to sell cigarettes and cigarette papers within the City; Resolution No.
336-02 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 and
Resolution No. 337-02 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. Seconded by Cline.
Motion carried 7-0.
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 (Architect/At Large). Terry Mozena submitted a
letter requesting consideration for reappointment.
HOUSING COMMISSION: (Two unexpired terms expiring 8/17/02 and 8/17/03). Applicant:
Danita L. Galdick. Ms. Galdick spoke requesting consideration for appointment.
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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. Galdick, Ronald
Tigges; Walter Webster. Ms. Galdick spoke requesting consideration for appointment.
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. Mr. Wilant spoke requesting consideration for appointment
Appointments to the following Boards/Commissions:
LONG RANGE PLANNING ADVISORY COMMISSION: (Two 3-years terms to expire 7/1/05 -
terms of Portzen and Rusk). Applicants: Michael E. Portzen, David Rusk. Upon motion
Michael E. Portzen and David Rusk reappointed to terms to expire 7/1/05.
PARK AND RECREATION COMISSlON: (Two 3-year terms to expire 6/30/05 - terms of
Blocklinger and Schrobilgen). Applicants: Robert J. Blocker, Tom Blocklinger, Danita L.
Galdick, Tom Schrobilgen. Upon vote, Tom Blocklinger and Tom Schrobilgen reappointed to
terms to expire 6/30/05.
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.
Upon vote, Martha E. Christ, Richard J. Schiltz and Ron Smith reappointed to terms to expire
7/1/05.
ZONING BOARD OF ADJUSTMENT: (One 5-year term to expire 3/25/07 - term of Beeler)
Applicant: William J. Felderman. Upon motion William J. Felderman appointed to a term
which will expire 3/25/07.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to speak.
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, upon
motion received and filed. Markham moved adoption of Resolution No. 338-02 Disposing of
City interest in Lots 138 and 139 of Mechanic's Addition. Seconded by Cline. Motion carried 7-
0.
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, upon motion
received and filed. Buol moved adoption of Resolution No. 339-02 Adopting plans and
specifications for the project and Resolution No. 340-02 Awarding contract to Canam Steel
Corporation. Seconded by Cline. Motion carried 7-0.
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, upon motion received and filed. Buol moved
adoption of Resolution No. 341-02 Adopting plans and specifications for the project and
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Resolution No. 342-02 Awarding contract to Winger Construction, L.C.
Nicholson. Motion carried 7-0.
Seconded by
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
Upon motion the following was removed from the table: 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, presented and read. Nicholson moved to assess the
suspension penalty. Seconded by Michalski. Motion carried 7-0.
Upon motion the following was removed from the table: Human Rights Ordinance (Tabled on
June 3, 2002): City Manager submitting clarification material for recommended changes to the
Human Relations Ordinance, upon motion received and filed.
Ordinance No. 51-02 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, presented and read. Michalski 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 suspended and further moved final consideration
and passage of the Ordinance. Seconded by Connors. Motion carried 7-0.
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, upon motion received and filed.
Michalski and Duggan expressed concerns about the drop off zones and proper signage,
Ordinance No. 52-02 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, presented 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 suspended and further moved final consideration
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and passage of the Ordinance. Seconded by Nicholson. Carried by the following vote:
Yeas--Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays--Duggan.
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 5th Street for southbound traffic, and that
stop signs be placed to stop eastbound and westbound traffic on 8th Street at Main Street, upon
motion received and filed. Ordinance No. 53-02 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 Eighth Street at Main Street, presented 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 suspended and
further moved final consideration and passage of the Ordinance. Seconded by Nicholson.
Motion carried 7-0.
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, upon motion received and filed and approved Council Member
Connors as the representative.
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., upon
motion received and filed and approved recommendation.
Bell Street and Fifth Street Construction: City Manager recommending that Resolution No.
322-02 - Ordering Bids - for the Bell Street and Fifth Street be rescinded as the project will not
be ready for bid with the construction project and submitting design alternatives for the
construction of Bell Street but that the July 15, 2002 public hearing on the plans and
specifications for the project will proceed on schedule, upon motion received and filed and
approved Alternate No. 1. Nicholson moved adoption of Resolution No. 343-02 Rescinding
Resolution No. 322-02, Ordering Bids, for the Bell Street and Fifth Street Construction Project
and approval of Alternate #1 for the design of Bell Street. Seconded by Cline. Motion carried 7-
0.
Red Cross Emergency Response Vehicle: City Manager recommending that the City provide
$5,000 toward the purchase of the Red Cross Emergency Response Vehicle, upon motion
received and filed and approved recommendation.
COUNCIL MEMBER REPORTS
Michalski stated that she has been invited to participate in a committee for the National
League of Cities on Community Child Protection.
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
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Van Buren Street (formerly Lenox Avenue), upon motion received and filed. Buol moved
adoption of Resolution No. 344-02 Approving plat of proposed vacated portion of Van Buren
Street (formerly Lenox Avenue). Seconded by Cline. Motion carried 7-0. Ordinance No. 54-
02 Vacating a portion of Van Buren Street (formerly Lenox Avenue), presented 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
suspended and further moved final consideration and passage of the Ordinance. Seconded by
Cline. Motion carried 7-0. Buol moved adoption of Resolution No. 345-02 of Intent to dispose
of City interest in Lot 119A of Lenox Addition in the City of Dubuque, Iowa, and further set this
for public hearing on 7/15/02 at a meeting to commence at 6:30 P.M. in the public library
auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded
by Cline. Motion carried 7-0.
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), upon motion received and filed. Buol
moved adoption of Resolution No. 346-02 Approving plat of proposed vacated portion of
Southern Avenue (formerly platted as Stewart Street). Seconded by Cline. Motion carried 7-0.
Ordinance No. 55-02 Vacating a portion of Southern Avenue (formerly platted as Stewart
Street), presented 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 suspended and further moved final consideration and passage of the
Ordinance. Seconded by Cline. Motion carried 7-0. Buol moved adoption of Resolution No.
347-02 of Intent to dispose of City interest in Lot 61 of Shipton's Addition in the City of
Dubuque, Iowa and further set this for public hearing at a meeting to commence at 6:30 P.M. in
the public library auditorium and that the City Clerk publish notice in the manner prescribed by
law. Seconded by Cline. Motion carried 7-0.
Stewart Annexation: City Manager requesting 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, upon motion received and filed and set this for public hearing on 8/5/02 at
a
meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk
publish notice in the manner prescribed by law. Seconded by Cline. Motion carried 7-0.
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 and communication of Corporation Counsel Barry Lindahl regarding the
status of Sunset Ridge, upon motion received and filed. Buol moved adoption of Resolution
No. 348-02 Preliminary approval of plans and specifications; Resolution No. 349-02 Fixing
date of hearing on plans and specifications; Resolution No. 350-02 of Necessity; Resolution
No. 351-02 Fixing date of hearing on Resolution of Necessity for 8/5/02 at a meeting to
commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in
the manner prescribed by law; Resolution No. 352-02 Approving preliminary schedule of
assessments; and Resolution No. 353-02 Ordering bids. Seconded by Cline. Motion carried 7-
0.
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At 7:19 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation -
Chapter 21.5(1)(c) 2001 Code of Iowa and Collective Bargaining Strategy - Iowa Code Chapter
20.17(3).
At 7:59 P.M. Council reconvened Regular Session and stated staff had been given proper
direction.
At 8:00 P.M. there being no further business, upon motion meeting adjourned.
It 7/10
/s/Jeanne F. Schneider, CMC
City Clerk
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