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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 ..~s~.~.~ ~o~ ~..~u.c,. ~.~.~o.. c~. co./o.s, M^R~./~, MIC~LSKI, .~C.~LS~O. c,~.~.~..c.~.v~i..,~.,co..o~o, co~.s=.~,.o~.. 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 = 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 5 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 9 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 / 13 = 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 = 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 24