7 1 02 Skeleton SheetCITY COUNCIL REGULAR SESSION, JULY 1, 2002
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN ];HE LIBRARY AUDITORIUM
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M^R~./~, MIC~LSKI, .~C.~LS~O.
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ABSENT:
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: Reverend John Hulsizer, Pastor, Church of the Nazarene
PROCLAMATIONS: American Character Week (September 6 - 14, 2002)
CONSENTITEMS
A · e Nays
Minutes Submitted
Airport Commission of 5128; 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.
Pdnted City Council proceedings for February, 2002.
Suggested Disposition: Receive and File; Approve as Printed
Notice of Claims/Suite
Joshua Chdstenson 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; Mada 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 Christenson 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
2
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
Hillcrest Family Services Agreement
City Manager recommending approval of an agreement with Hilicrest Family Services
for the use of Murphy Park for the annual holiday light display.
Suggested Disposition: Receive and File; Approve
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
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michalski
Nicholson
3
Sm
Surface Transportation Board
Communication from the Surfaco 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
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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.
RESOLUTION -_~'.~ ~',~,~'/Approwng 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
Ico Harbor
Suggested Disposition: Receive and File; Adopt Resolution
Sm
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 ,~,~./' 4;2,~ 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
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michalski
Nicholson
4
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
Brownfields Assessment Demonstration Pilot program for environmental assessments
in the Port of Dubuque
Suggested DiSposition: Receive and File; Approve
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
11.
Iowa Depa,;..ent 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
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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 . ~-~c~Authodzing 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
13.
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
14.
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
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michalski
Nicholson
6
15.
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
16.
Business Licenses
RESOLUTION .'~..~"'- ~-~..' Granting the issuance of nine renewal permits to sell
cigarettes and cigarette papers within the City
RESOLUTION ,'~.. ~'~'-~'2~:~..., 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 _~/2,~_~ 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
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michalski
Nicholson
7
BOARDSICOMMISSIONS
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 711105 representing Old
Main District, Langworthy District and Architect/At Large and one unexpired 3-year
terms to expire 711/04 representing West 11t~ District): .)
Applicants: Terry Moz~na~/~,!;ngworthy District); Chlstopher J. Wand (Architect/At Larg
Housing Commission (Two unexpired terms expir, ng 8117102 and 8117103)
Applicant: Danita L. ~iaJdick
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 pnexpired 3-year terms to expire 6/30103
Applicant: Daniel B. Wilant
Appointments to the following Boards/Commissions:
Long Range~dvisory Commission (Two 3-yeare terms to expire 711/05 - terms of
Porlzen and/Rusk):
Applicants/ Michael E. Portzen, David Rusk
Nays
Buol
Cline
/ Connors
/ / ~Duggan
_M_arkham
- ~Michalski
/ ~iicholeon
8
Park and Recreation Commission (Two 3-year terms to expire 6130105 - terms of
Biocldinger and Schrobilgen):
Applicants:
Blu~ Cline Connors Duggan Markham Michalski Nicholson
Blocker
Blocklinger ~/' / / / ~,/ /
Galdick
Schrobilgen
Zoning Advisory Commission (Three 3-year terms to expire 71t/05 - terms of Christ,
Schlitz, Smith):
Applicants:
Zoning Board of Adjustment (One 5-year term to expire 3~25~07 - term of Beeler)
Applicant: William J. Felderman
Nays
Buol
Cline
Connors
Duggan
Markham
ichalski
cholson
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PUBLIC HEARINGS
SUSPEND THE RULES
Nays
Buol
Cline
Connors
Duggan
~ /.~Markham
///~,Michalski
/~/Nicholson
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 .~"~2 ~,~ Disposing of City interest in Lots 138 and 139 of
Mechanic's Addition
Suggested Disposition: Receive and File; Adopt Resolution
lee Nays
~Buol
/~/Cline
"' Connors
.~ Duggan
· (/~ Markham
-- Michalski
Nicholson
10
Education and Conference Center- Bid Package #2 Project
Proofs of publication on notice of headng 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 fY2 Project to Canam Steel
Corporation in the amount of $440,500.
RESOLUTION 3~.~' ~-~Adoptlng plans and specifications for the project
RESOLUTION3~/~"~_~ Awarding contract to Canam Steel Corporation
Suggested Disposition: Receive and File; Adopt Resolutions
Nays
Buol
Cline
Connom
Duggan
Markham
Michalski
Nicholson
11
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
! ye~ Nays
[y Buol
-- Cline
Connors
Duggan
Markham
.~ Michalski
~_~ Nicholson
REINSTATE THE RULES
Nays
Chne
Connom
,Duggan
Michals~
Nicholson
12
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
/
~e/s Nays
Buol
/ Cli.o
COnlrtOrS
.D. uggan
/ ~..arkham
/ ~ Nicholson
/
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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 27-27(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 Conceming
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 dghts 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
Ayes Nays
~// Buol
./ /~Cline
/ /~Connors
~//: ~' Duggan
~ Markham
/~" N~cholSon
14
m
Expansion of Main Street Parking Meter District
City Manager recommending expansion of the downtown parking meter distdct to
include Main Street from Fifth Street to Ninth Street in anticipation of the July opening of
Main Street.
ORDINANCE ~'~'O~-~ Amending Section 32-336 of the City of Dubuque Code of
Ordinances establishing the Municipal Parking Meter Distdct by adding both sides of
Main Street from Fifth Street to Ninth Street
Suggested Disposition:
/i
File; Motion B; Motion A
BuolNays
Cline
Connore j
Duggan /
Markham
.M.!chalski
/~_~ Nicholson
15
m
Main Street Traffic Signage
City Manager recommending that, with the opening of Main Street in July, a stop sign
th
be placed on Main Street at 5 Street for southbound traffic, and that stop signs be
placed to stop eastbound and westbound traffic on 8th Street at Main Street.
ORDINANCE ~.~-"~.~-~--~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
Suggested Disposition: Receive and File; Motion B; Motion A
Markham
Michalski
)Nich°ls°n/
16
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
Appointment:
A)~s Nays
· Buol
/~ ~ Cline
Connors
/ × Duggan
/ . Markham
/ ~/~/lichalski
/'-/ Nicholson
/
17
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 Veenstm and
Kimm, Inc.
Suggested Disposition: Receive and File; Approve
,/
res Nays
Buol
~ Cline
Connors
Duggan
Markham
Michalski
Nicholson
ITEMS TO BE SET FOR PUBLIC HEARING
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michalski
Nicholson
2.
3.
4.
Van Bumn Street-Vacating Petition -July 15, 2002
Soulflem Avenue -Vacating Petition -July 15, 2002
Stewart Annexation - August 5, 2002
Wartburg Place Reconstruction Project - Initiate - August 5, 2002
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 ~.~f~'* ~-~Appmvlng 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 7115102
e~uolNays
?/Cline
/~ L.~'Connom
~ Duggan
/// Markha.m.
/ Michalsk~
Nicholson
21
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Bell Street and Fift~ 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, Ordedng for
the Bell Street and Fifth Street Construction Project
Suggested Disposition: Receive and File; Adopt Resolution
Nays
ol
/~J~hne
~/Connors
~g~n
Markham
~ ~chalski
~N,cho~on
19
Red Cross Emergency Response Vehicle
City Manager recommending that the City provide $5,000 toward the purchase of the
Red Cross Emergency Response Vehicle.
Suggested Disposition: Receive and File; Approve
lyes~ BuolNays
//) Cline
L/Connors
Duggan
M.arkham
.l?!chalski
/ ~llcholson
COUNCIL MEMBER REPORTS
20
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 Southem
Avenue (formerly platted as Stewart Street)
ORDINANCE f~--~ ~?.~ 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 7115102
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michalski
Nicholson
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 815102
22
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 ~
RESOLUTION
RESOLUTION
RESOLUTION
RESOLUTION
RESOLUTION ~
Suggested Disposition: Receive and File; Adopt Resolutions; Public Healing
8/5/02
Preliminary approval of plans and specifications
Fixing date of hearing on plans and specifications
of Necessity
Fixing date of hearing on Resolution of Necessity
Approving preliminary schedule of assessments
Ordering bids
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michaiski
Nicholson
23
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.
CLOSED SESSION
Pending Litigation - Chapter 21.5(1)(c) 2001 Code of Iowa
Collective Bargaining Strategy - Iowa Code Chapter 20.17(3)
Motion to go into Closed Session at
Motion to adjourn at '~'~
/ Connors
~ Duggan
// /~Markham
~Michalski
Nicholson
Ayes~ Nays
Connors
Duggan
Markham
~/) Michalski
Nicholson
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