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01 17 00 Agenda AGENDA - CITY COUNCIL MEETING MONDAY, JANUARY 17, 2000 5:00 P.M. DINNER - 2ND FLOOR ROTUNDA PUBLIC LIBRARY 5:30 P.M. PUBLIC LIBRARY AUDITORIUM Staff to Present Design Concepts for Thi rd Street Parking Ramp AGENDA - CITY COUNCIL MEETING MONDAY- JANUARY 17, 2000 6:30 P.M. PUBLIC LIBRARY AUDITORIUM INVOCATION -- Murray Phillips, Acting Director of the Dubuque Rescue Mission PROCLAMATIONS -- January 18-20, 2000 as "Special Olympics Iowa Dubuque Winter Games Time" Rick Dickinson. Executive Director. Greater Dubuque Development Corporation. to give verbal progress report CONSENTITEMSSEEPAGES#4-7 The consent items are considered to be routine and non-controversial and will be normally voted upon as a single motion. There will be no separate discussion on these items. 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. Individuals are ~nvited to address the Council to express their desire to serve on various Boards/Comm ~ss~ons Environmental Stewardship Advieory Commission - Applicant -- David B. Czarnecki Housing Code Appeals Board - Applicants -- David Althaus. Thomas G. Swift, John J. Bennett Human Rights Commission - Applicants -- Judith H. Giesen. Joseph A Hopkins. Marry O'Shea. William Ross, Charles F. Ryan, ano Katherine V. Stevens PUBLIC HEARINGS SUSPEND THE RULES Proof of Publication on Notice of Public Hearing to reclassify proper~y located southeast of Seippel Road and Old Highway Road from AG to R-1 Single Family. ORDINANCE Amending the Zoning Ordinance by reclassifying property located southeast of Seippel Road and Old Highway Road from AG Agricultural District to R-1 Single Family Residential District. (1st and 2nd readings given 12/20/99) SUGGESTED DISPOSITION Rec & File MOTION "A' Proof of Publication on Notice of Public Hearing to reclassify property located at 2702 Brunskill Road from R-1 to PUD Rec. & File ORDINANCE Amending the Zoning Ordinance by reclassifying proper~y located at! MOTI0k "A" 2702 Brunskil Road from R-1 Single Family to Planned Unit Development District with a PR Planned Residential District Designation and Adopting an Amended Conceptual Development Plan with Conditions. for Oak Meadows Condominiums ( 1 st and 2nd readings given 12/20/99) Proof of Publication on Notice of Public Hearing of the City's subordination of a mortgage interest in certain real estate. Rec. & :ile RESOLUTION authorizing a subordination agreement in regard to a mortgage interest in City Lot 29. City Lot 30 and South 1/3 of City Lot 31 in Original Town. City of Dubuque. Dubuque County, Iowa. Adopt Proof of Publication on Notice of Public Hearing to lease space on the City water tank site at 4136 Pennsylvania Avenue to Nextel Corp. to support a wireless telecommunication antenna facility. Rec. & File RESOLUTION approving a lease between the City of Dubuque. Iowa. and Nexte~ WlP Lease Corp for the installation and operation of a wireless telecommunication antenna facility. Adopt Proofs of Publication on Notice of Hearing on Plans and Specs AND Notice to Bidders on the Receipt of Bids for Reconstruction of the Elm Street Sanitary Sewer AND City Manager recommending to award contract for project. Rec, & File RESOLUTION Adopting Plans and Specs. for project. Adopt RESOLUTION Awarding Contract for project to Drew Cook and Sons. Inc, in the amount of $91.459.76. Adopt REINSTATE THE RULE - LIMITING DISCUSSION TO COUNCIL ACTION ITEMS City Manager recommending approval of the final design concept for Main Street Approve from Fifth Street to Ninth Street. Recommend Correspondence from property owners and business owners on Main Street requesting that Main Street be opened to traffic from 9th to 5th. without parking. Rec. & Fi 2 City Manager recommending approval of final plat for Woodland Ridge Subdivision No. 2. RESOLUTION approving final plat of Woodland Ridge Subdivision No. 2 in the City of Dubuque. Iowa. City Manager recommending to rename a portion of Cottingham Road to Seippel Road. Rec. & File Adopt Rec. & Fi'e ORDINANCE changing the street name of the north 1.300 feet of Cottingham Road to Seippel Road. MOTION "B" MOTION "A" City Manager recommending to rename a portion of Oak Street to Oak Court Rec. & File ORDINANCE changing the street name of the east 485 feet of Oak Street to Oak Court. City Manager submitting ordinance providing for amendment to Chapter 26 Housing Regulations. ORDINANCE Amending Chapter 26 of the Code of Ordinances relating to maintenance responsibilities of occupants for storage and disposal of garbage and adopting in lieu thereof a new Section 26-3(b)(2)c. relating to responsibilities for storage and disposal of garbage; and adopting in lieu thereof a new Section 26-10(j)(3)b. relating to exterior painted surfaces APPOINTMENT of City's designees to DRA Board of Directors for calendar year 2000 (currently Mayor Terry Duggan. Council Members Roy Buol and John Markham. and City Manager MichaeJ C. Van Milligen. MOTION "B" MOTION "A" Rec. & File MOTION "B" MOTION "A" COUNCIL Mayor and City Council appointments to various Boards and Commissions. ORDINANCE Amending Code of Ordinances Chapter 34 by adding to Article IV Specific Parks. a new Section 34-132 to include John G Bergfeld Recreation Area. (First reading 1216199: second reading 12/20/99) MOTION "A" ORDINANCE Amending Section 34-54 of Code of Ordinances prohibiting dogs, cats and other domestic animals in parks, however, does not apply to Miller- Riverview Park, Granger Creek Nature Trial and John G. Bergfeld Recreation Area. (First reading 12/6/99: second reading 12/20/991 MOTION "A" City Manager presenting the Fiscal Year 2001 Operating Budget and Fiscal Year 2001-2005 Capital Improvement Budget. Rec. & File COUNCIL MEMBER REPORTS 3 ITEMS TO BE SET FOR PUBLIC HEARINGA Zoning Advisory Commission advising of their approval to rezone property located n the 2000 block of Radford Road from AG to R-1 Single Family as requested oy Don Bycroft and Joseph Siegert. ORDINANCE Amending the Zoning Ordinance by reclassifying property located in the 2000 Block of Radford Road from AG Agricultural District to R-1 Single Family Residential District. Zoning Advisory Commission advising of their approval to rezone property located at 2239-2241 Central Avenue from R-2A Alternate Two-Family Residential to C-4 Downtown Commercial, as requested by Richard and Brenda Hartig. ORDINANCE Amending the Zoning Ordinance by reclassifying proper~y located at 2239-2241 Central Avenue from R-2A Alternate Two-Family Residential District to C-4 Downtown Commercial District. City Manager submitting documents providing for installation of an elevator at the Locust Street Parking Ramp. RESOLUTION Preliminary approval of plans & specs for project in estimated amount of $83,325.00. RESOLUTION Fixing Date of Hearing on plans & specs for February 7. 2000. RESOLUTION Ordering Bids and directing Clerk to advertise. CONSENTITEMS MINUTES SUBMITTED -- Cable TV Regulatory Commission of 1/12/00: Cable Community Teleprogramming Commission of 1/4/00: Historic Preservation Commission of 12/16/99: Library Board of Trustees of 11/17/99: Zoning Advisory Commission of 1/6/00. Financial reports for the month ending 12131199. Finance Director Duane Pitcher submitting Quarterly Investment Report for period 7/1/99 through 12131199. Proof of Publication and List of Claims and Summary of Revenues for the Month Ending 10/99. Proof of Publication on publishing of Council Proceedings for 12/6/99 and 12/20/99. Printed Council Proceedings for month of Nov. and Dec. 1999 for approva.. Rec. & File NOTION "B" NOTION "D" Hrg. 2/7/00 _ Rec. & File NOTION "B" NOTION Hrg. 2/7/00 Rec.& -~ile Adopt Adopt Adopt Rec. & File I Rec. & File Rec. & File Rec. & File Eec. & File Rec. & File 4 NOTICES OF CLAIMS/SUITS -- Kirk Dahl in the esbmated amount of $3.200 for vehicle damage; Craig and Shed Kruser in the amount of $83.14 for vehicle damage; Elaine A. Oberbroeckling in unknown amount for personal ~njunes; Terry Schmitt/Butt's Florist in the amount of $73.67 for vehicle damage; Tritog in unknown amount for electrical damages: Dubuque Bank and Trust Company vs City of Dubuque Housing Services Rehabilitation. et al. submitting petition for foreclosure of real estate. Refer to Legal for Inv. & Report Corporation Counsel advising following claims have been referred to Public Entity Risk Services of Iowa. the agent for the Iowa Communities Assurance Pool for the following claims: personal injury of Judith and Gerald Cottrell: personal r~jury of Gregory M 'Yoko. Rec. & File Corporation Counsel recommending denial of vehicle damage claim of Butts Florist. Approve Denial Corporation Counsel recommending settlement of vehicle damage claim of Lois M. Wubben in amount of $61.80 and Finance Director lo issue check. Approve Sett~t Zoning Advisory Commission advising of their approval of Plat of Survey for 461 and 495 West 5th Street. Rec. & File RESOLUTION approving Plat of Survey of Lots I and 2 of Al Miller Place in the i Adopt City of Dubuque. Iowa. Zoning Advisory Commiss on advising of their approval of final plat of Fensterman Subdivision, First Addition splitting an existing lot into three lots (Dubuque County). Rec. & File RESOLUTION approving final plat of Fensterman Subdivision. First Addition in Dubuque County, Iowa. Adopt City Manager recommending acceptance of 1999 AC Paving Projem. RESOLUTION Accepting Improvement for project. RESOLUTION Approving final estimate in amount of $184.146.14 City Manager recommending acceptance of WashingtonNalley Storm Sewer Repair Project. RESOLUTION Accepting Im :)rovement for project. RESOLUTION Approving final estimate in amount of $132.268.31. Rec. & File Adopt I Adopt Rec. A File Adopt Adopt 5 10. 11 12. 13¸ 14. 15. 16. 17. 18. 19. 20. 21. HUD advising of Fiscal Year 2000 formula allocation for CDBG. HOME nvestmem Partnerships, Emergency Shelter Grant. and Housing Opportunities for Persons with AIDS programs. Rec. & File HUD advising of receipt of the City's amendment to the Federal Fiscal Year 1999 Community Development Block Grant Annual Action Plan. Rec. & File City Manager recommending approval of operating agreement with golf professional George Stephenson for the Bunker Hill Golf Course. Approve City Manager recommending approva~ of management agreement for Miller- Riverview Park with Pat Felderman. Approve City Manager recommending award of the swimming pool concession agreement to Dave Maiers Concessions. Approve City Manager recommending approval of an application for a Marine Fuel Tax Grant. fRec.& File RESOLUTION Authorizing application for a Marine Fuel Tax Grant for Construction of Non-Motorized Water Craft Docking Facility. Adopt Communication from Dubuque Metropolitan Area Solid Waste Agency advising of Rec. & Fi le landfill rate increase for FY 2001. Terry Stanton advising of his resignation from the Airport Commission Rec. & File Request of William A. Conzett on behalf of Thomas Luksetich and Steven Smith Refer 'co requesting vacating and purchase of a portion of City property along Kerper Blvd.. City .Mgr. City Manager recommending approval of a consultant for the Northern Levee (Peosta Channel) Trail Project. IApprove City Manager recommending approval of an amendment to the Project Concern Purchase of Service Agreement. Approve Request of Kenneth Birch to vacate a portion of Louise Lane in Maple Leaf Addition #2. Refer to ,City Mqr, City Manager supporting Dubuque County's application on behalf of Hillcrest Family Services for State CDBG Funding. Approve City Manager recommending approval of a grant agreement for ISTEA Statewide Enhancement Funds for the Heritage Trail Principal Route. RESOLUTION authorizing a grant agreement for ISTEA Statewide Enhancement Project Funds for the Heritage Trail Principal Route. Rec. & File Approve 6 22. 23. 24. City Manager submitting the 1999 Pretreatment Compliance Report for the Wastewater Pollution Control Plant. Rec, & File Communication of the City Manager to Jim Fischer, U.S. Fish and Wildlife Office, advocating the elimination of barge fleeting in Pearl Island. Rec. & F~le Approve City Manager recommending adoption of Supplement #43 to the Code of Ordinances. Rec. & File RESOLUTION Adopting Supplement#43tothe Code of Ordinances ofthe City of AdoD~ Dubuque. Iowa. 24. BUSINESS LICENSES -- RESOLUTION Granting issuance of Cigarette License to Hy-Vee, Inc.. and Breezers Pub Com. Adopt RESOLUTION Granting issuance of Class "B" Beer Permit to Godfathers' Pizza and Class "C" Beer Permit to Iowa Potato Products Hs. Liquor Depot of Dubuque, Cedar Cross AMOCO. IOCO Speede Shoppe, Casey Genera Store. Adopt RESOLUTION Granting issuance of Class "B" Beer/Liquor Permit to Best Western Dubuque Inn; Class "C" Liquor Permit to Breezers Pub Co. The Lounge, A & B Tap, and Ten Pin Tap; Class "B" Wine Permit to Dubuque Religious and Liquor Depot of Dubuque. Adopt PUBLIC INPUT At this time. anyone m the Council Chambers may address the Council on matters which are of concern to them and which are not an agenda item. Please take your olace at the microphone and state your name and address clearly. Proceed with your comments REMINDER: no formal or official action may be taken at this time on your comments oecause of the notice requirements of the Iowa Open Meetings Law. CLOSED SESSION-- (c} To discuss strategy with counsel in matters where litigation is imminent and its disclosure would be likely to prejudice or disadvantage the position of the governmental body in this litigation, (j) To discuss the purchase of particular real estate where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. Mary A. Davis, CMC 1:00 p.m.