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01 17 00 skelton sheet 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 Third~treet parking Ramp __ /~/ .. ,/~ ./ ' PRESEN~/~ MAYOR D~GAN, C0U/NCIL MEMBERS BLI'OL, MARKHAM, MICHAESKI, NICHOL~SON, ROBEI~IGS, CLINE C L VAN~I~- YEA8 YEAS NAYS BUOL NAYS CUNE 9UOL DUGGAN CLINE MARKHAM DUQ(~II~N MICHALSKI MARKHAM NICHOLSON MICHALSKI ROBBINS NICHOLSON ROBBINS CiTY COUNCIL REGULAR SESSION, JANUARY 17, 2000 PRESENT- ~AYOR DUG~N, COUNCIL MEMBERS BUOL~ARKH~M, ABSENT: Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. INVOCATION -- Murray Phillips, Acting Director of the Dubuque Rescue Mission PROCLAMATIONS --GamesJanuarYTime"18-20' 2000 as "Special Olympics Iowa Dubuque Winter~ Rick Dickinson, Executive Director, Greater Dubuque Development Corporation, to give verbal progress report YEAS NAYS BUOL CLINE DUGQAN MARKHAM MICHALSKI NICHOLSON ROBBINS 2 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 12/31/99. Finance Director Duane Pitcher submitting Quarterly Investment,Report for period 7/1/99 through 12/31/99. / / Proof of PublicatiOn and List of Claims and Summary of Rever/ues for the Month Ending 10/99. / / Proof of Publication on publishing of Council Proceedings f/Sr 12/6/99 and 12/20/99. ,,/ Printed Council Proceedings for month of Nov. and Dec. 1999 for approval. YEAS(:~BUOL NAY~ CLIN , ~ARI~AM MIOHALSK! NICHOLSON ROBBINS 4 NOTICES OF CLAIMS/SUITS -- Kirk Dahl in the estimated 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 injuries; Terry Schmitt/Butt's Florist in the amount of $73.67 for vehicle damage; Trilog in unknown amount for electrical damages; Dubuque Bank and Trust Company vs City of Dubuque Housing Services Rehabilitation, et al, s,~bmitting pet~ti.on.foJ~ foreclosure of real estate. ~.~_~,_ ¢ ,~,¢ L;orporation 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,~nd Gerald Cottrell; personal injury of Gregory M. Yoko. ~ Corporation Counsel recommending denial of vehicle damage claim of Butts Florist. ,¢~,_ Corporation Counsel recommending settlement of vehicle damage claim of Lois M. Wubben in amount of $61.80 and Finance Director to issue check. YEA~ NAY8 CMNE' DUeq ~MARKHAM '-' MICHALSKI NICHOLSON ROBBINS 5 Zoning Advisory Commission advising of their approval of Ptat of Survey for 461 and 495 West 5th Street. RESOLUTION NO. // -00 approving Plat of Survey of Lots 1 and 2 of Al Miller Place in the City of Dubuque, iowa. Zoning Advisory Commission advising of their approval of final plat of Fensterman Subdivision, First Addition, splitting an existing lot into three I_.ot,~(Dubuque County). RESOLUTION NO. ,~ -00 approving final plat of Fensterman Subdivision, First Addition, in Dubuque County, Iowa. City Manager recommending acceptance of 1999 AC .,P~roject. RESOLUTION NO. --~ -00 Accepting Improve-~' t~for~pr~je~t. RESOLUTION NO. /7'/ -00 Approving final estim~nt of $184,146.14. City Manager recommending acceptance of Wash,~,~tonNalley Storm Sewer Repair Project. ,~/ RESOLUTION NO. ~ -00 Accepting lmprov~ect. RESOLUTION NO. ~ -00 Approving final estimat¢,~ amount of $132,268.31. YEASCUOL NAY8 CLINE (~MDUGGAN MARKHAM ICHALSKI NIC~OLSON ROBBINS 6 10. 11. 12. 13. HUD advising of Fiscal Year 2000 formula allocation for CDBG, HOME Investment Partnerships, Emergency Shelter Grant, and Housing Opportunities for Persons with AIDS programs. ,/~ ~,./ HUD advising of receipt of the City's amendment to the Federal Fisc¢l Community Development Block Grant Annual Action Plan. ¢/~.~.¢-/ Year 1999 City Manager recommending approval of operating agreement with golf professional George Stephenson for the Bunker Hill Golf Course., /t ,, ,, City Manager recommending approval of management agre~nt for Miller- Riverview Park with Pat Felderman. ~¢,~¢,/..,> ~ ,,//~.~.~._ _ City Manager recommending ///c/o~oncession a(~m_,~rn¢,~t award of the swimming pej~l~c to Dave Maiers Concessions. City Manager recommending approval of an applica~'o~n for a Marine Fuel Tax Grant. RESOLUTION NO, ~ -00 Authorizing application for a Marine Fuel Tax Grant for Construction of Non-Motorized Water Craft Docking Facility. YEAB~uoL NAYS CI.,INE MARKHAM M~CHALSKI NICHOLSON ROBBINS 7 14. Communication from Dubuque Metropolitan Area Solid Waste Aoencv advis nn landfill rate ncrease for FY 2001 -- ~E ¢/ " ' ~-? 15. Terry Stanton advising of his resignation from the 16. Request of William A. Conzett on behalf of Thomas Lukset~h and S~ven S¢-(nith requesting vacating and purchase of~ p~!o.,,n of.~y p,p~,~pe, rty al~g Kerper 17. City Manager recommending approv~%~s u~tant~he No/~'~nTevO~ee~.,¢¢~ (Peosta Channel) Trail Project. 18. City Manager recommending approval of an a~e Project Concern Purchase of Service Agreement. ~ ~ . 19. Request of Kenneth Birch to vacate a portion of Louise Lane in Maple Le~f~_ 20. City Manager supporting Dubuqu~ County's application on behalf of Hillcrest Family Services for State CDBG Funding. .~ 21. City Manager recommending approval of a grant agreement for ISTEA Statewide Enhancement Funds for the Heritage Trail Principal Rgute. RESOLUTION NO. ~' -00 authorizing a grant agreement for ISTEA Statewide Enhancement Project Funds for the Heritage Trail Principal Route. 8 22. City Manager submitting the 1999 Pretreatment Compliance Report for the Wastewater Pollution Control Plant. ~/~. 6// 23. Communication of the City Manager to Jim Fischer, U.S. Fish and Wildlife Office, advocating the elimination of barge fleeting in Pearl Island. ~/~, ~-7~ ~ 24. City Manager recommending adoption of Supplement #43 to the Cod'~f Ordinances. ,/~ ~/ RESOLUTION NO. ~ -00 Adopting Supplement #43 t'd the ~ode of Ordinances of the City of Dubuque, Iowa. ~7 BUSINESS LICENSES--RESOLUTiON~G~nting issuance of~C~cense to Hy-Vee, Inc., and Breezers Pub Com. RESOLUTION NO. JU -00 Granting issuance of Class B" BeE # Permit to Godfathers' Pizza and Class "C" Beer Permit to Iowa Potato Produ¢ ls Hs, Liquor Depot of Dubuque Cedar Cross AM~CO, IOCO Speede Shoppe, asey General Store,~d~i HyVee #~ i~~~ RESOLUTION NO. //' -00 Granting issuance of Class "B" Be r/Liquor Permit to Best Western Dubuque Inn; Class "C" Liquo,,r ,P, ermit to Breezers Pub Co, The Lounge, A & B Tap, and Ten Pin ,.Tap; Class B Wine ',P,e~,,,m, it to D~uque Religious, Liquor Depot of Dubuque, and ~_y_Vee #2; and C ass ~"L quor Permit 24. YEA~?) NAY8 - CLiNE MU~AN ARKHAM CHALSKI NICHOLSON ROBBINS 9 Individuals are invited to address the Council to express their desire to serve on various Boards/Commissions Environmental Stewardship Advisory Commission - Applicant -- David B. Czarnecki Housing Code Appeals Board - Applicants -- David AIthaus, Thomas G Swift,~;;~-~. ) , 'gh s Commission - Applicants -- Judith H. Giesen, Joseph A. Hopkins, Mart O Shea, William Ross, Charles F. Ryan, and Katherine V. Stevens Y NAY8 BUOL CLINE DUGGAN MARKHAM MICHALSKi N~CHOLSON ROBBINS 3 SUSPEND THE RULES PUBLIC: HEARING BUOL IARKHAM ~CHALSKI ¢ ICHOLSON qOBBINS Proof of Publication on Notice of Public Hearing to reclassify property located southeast of Seippel Road and Old Highway Road from AG to R-1 Single Family. ORDINANCE NO. /' -00 Amending the Zoning Ordin;r~e 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) 10 Proof of Publication on Notice of Public Hearing to reclassify property located at 2702 Brunskill Road from R-1 to PUD ORDINANCE NO, ~ -00 Amending the Zoning~hrdi~ance by reclassifying property located at 2702 Brunskill 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 12/20199) ~EAS BUOL CLtNE OU'GGAN MARKHAM NA¥~ Proof of Publication on Notice of Public Hearing of the City's subordination of a mortgage interest in certain real estate. , ,~ RESOLUTION NO. /~__~ -00 authorizing a sul~?r%' ation 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. yEAS ~CI,:IHEUOL NAYS ,~ARK'HAM ' ~"~IIL, HOLSON RQBSiNS 11 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. ~,~'~.~ RESOLUTION NO. ~,~ -00 approving a lease between~the City of Dubuque, Iowa, and Nextel WIP Lease Corp for the installation and operation of a wireless telecommunication antenna facility. 13UOL CL:iNE (~1ARKHAM CHALS~i NICHOLSON ROBB!NS 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 p~j,ec.,t. RESOLUTION NO. RESOLUTION NO. /J~'- -00 Awarding Contract fo? p~jep-t to Drew Cook and Sons, lnc, in the amo--~nt ~'~91,459.76. ¥ E^,S NAY~ ~3UOL ,': CL fi ~) MAR'K'H]~M MICHALSKt NICHOLSON (~OBBINS 12 REINSTATE THE RULE - LIMITING DISCUSSION TO COUNCIL ACTION ITEMS City Manager recommending approval of the final design concept for I~lain Street from Fifth Street to Ninth Street. Correspondence from property owners and business owners on Main Street /)/ requesting that Main Street be opened to traffic from 9th to 5th, without park'~n,~/' r YEA8 NAY~ BUOL 13 2. .~City Manager recommending approval of final plat for Woodland~Ridge RESOLUTION NO. ~',~ -00 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. ~ ORDINANCE NO. ,.~ -00 changing the street name of the~north 1,300 feet of Cottingham Road to Seippel Road. YEAS~BUOL CLI'NE D~GGA~ MARKHA~ MICHALSKI NICHOLSON 14 City Manaoer reoommendino to rename a pomion of Oak Street to Oak Court. Oak Street to Oak Court. O~IGGAN MARKHAM /~,~,~lCH ALSKI City Manager submitting ordinance providing for amendment to Chapter 26 Housing Regulations. ~v ~ ~ ORDINANCE NO. ~ -00 Amending Chapter 26~f 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. 15 APPOINTMENT of City's designees to DRA Board of Directors for calendar 2000 (currently Mayor Terry Duggan, Council Members Roy Buol and John Markham, and City Manager Michael C. Van Milligen. L Mayor and City Council appointments to various Boards ~1 j //cE^S BUO. L CHINE J DU'G~.AN /~ARKHAM ,~CHALSKI ~__~f~CT:~4OLSON ORDINANCE NO. ~ -00 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 12/6/99; second reading 12/20/99) ORDINANCE NO. ~ -00 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 ~Paf-ao.~.~ohn G. Bergfeld Recreation Area. (First reading 12/6/99; second reading 12/20/~ .~ cur' MARKHAM= /~MICHALSKI ~/'NICHOLSON 16 7A, City Manager recommending approval for proposed management practices for sanitary sewer maintenance near Catfish Creek. YEASt_ UOL MARKHAM MICHALSKJ City Manager presentiCig_the Fiscal Year 2001 Operating Budget and Fiscal Year 2001-2005 Capital Improvement Budget. ? EAS NA¥ BU. OL CLI.NE MARKHAM MICHALSKi NICHOLSON ~OBBINS COUNCIL MEMBER REPORTS .... ,~d''~ ~ 17 ITEMS TO BE SET FOR PUBLIC HEARINGR Zoning Advisory Commission advising of their approval to rezone property located in the 2000 block of Radford Road from AG to R-1 Single .Family as requested by Don Bycroft and Joseph Siegert. . ,~ ORDINANCE NO. -~ -00 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 NO. -~ -00 Amending the Zoning Ordinance by reclassifying property located at 2239-2241 Central Avenue from R-2A Alternate Two-Family Residential District to C-4 Downtown Commercial District. RKHAM HALSKI NICHOLSON ROBBINS 18 City Manager submitting documents providing for installation of an elevator at the Locust Street Parking Ramp.¥~_~.I RESOLUTION NO. /' ¢ -00 Preliminary approval of plans & specs for project in estimated amount of $83,325.00. RESOLUTION NO. February 7, 2000. RESOLUTION NO' /'/~ -00 Fixing Date of Hearing on pla~s ¢ Cj~ecs for -00 Ordering Bids and directing Clerk fo advertise. BUOL CLINE DUGGAN iARKHAM CHALSKI CHOLSON OBBINS At this time, anyone in the. Cob'~.cil Chamb~frs may address the Council o~a-t{~'rS which are of concern to th~em~a'r~d which are not ~.n agenda item. Pleas~.e..tak~ your place at the microphone and.state your name and addre"ss--ele.*-dy. Proce-~ed with your comments REMINDER?rio formal or official action may be taken at this time on your comments becaus,~d¢ the notice requirements of the Iowa Open Meetings Law. NAYS BUOL CLINE DUGGAN MARKHAM MICHALSKI NICHOLSON ROBBINS 19 CLOSED SESSION-- (c) To discuss strategy with counsel in matters where litigation is imminent and its disclosure would be likely to prejudice or disadvantage the position of the governmental body in this litigation. (j) To discuss the purchase of particular real estate where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. BUOL CLINE DUGGAN MARKHAM MiCHALSKI NICHOLSON ROBBINS CL N£ DUGGAN ," MARKHAM ,/' MICHALSKi ,/ NICHOL$ON 20