02 07 00 Agenda
AGENDA - CITY COUNCIL MEETING
MONDAY - FEBRUARY 7, 2000
6:30 P.M., PUBLIC LIBRARY AUDITORIUM
INVOCATION - REV. THOMAS HANNAN. DIRECTOR. DUBUQUE COMMUNITY FOOD
PANTRY
CONSENT ITEMS SEE PAGES #4, 5. 6, 7, 8
Consent items are considered to be routine and non-controversial and all consent items will be
normally voted upon in a single motion without any separate discussion on a particular item. 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.
BOARDS AND COMMISSIONS
Individuals are invited to address the Council to express their desire to serve on various
Boards/Commissions.
Civic Center Commission - Applicant - Cynthia A. Fuller
Community Development Commission - Applicants - Bill Daugherty (Census Tract #1) and
Thomas Wainwright (At-Large)
TV Cable Regulatory Commission - Applicant. Mike Pratt
TV Cable Community Teleprogramming Commission - Applicant - Paul R. Kohl
APPOINTMENTS to the following Boards/Commissions:
Environmental Stewardship Advisory Commission -- Applicant -- David B. Czarnecki
Housing Code Appeals Board -- Applicants -- David Althaus, Thomas Swift
Human Rights Commission .- Applicants -- Judith H. Geisen, Joseph A. Hopkins, Marty O'Shea,
William Ross, Charles F. Ryan, Katherine V. Stevens
PUBLIC HEARINGS
1.
Proofs of Publication on Notice of Hearing on Plans and Specs AND Notice to
Bidders on the Receipt of Bids for Construction of Highway 20 Landscape
Design Bid Package #1 AND City Manager recommending award of contract
for project.
RESOLUTION Adopting Plans and specs for project.
RESOLUTION Awarding Contract for project to Smith Seeding, Inc., in the
amount of $515,000.
Recei ve and
Fi le
Adopt
Adopt
2.
Proof of publication on Notice of Public Hearing to reclassify 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 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. (F i rst and second read i nos 1/17)
3.
Proof of publication on Notice of Public Hearing to reclassify 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.
Recei ve and
File
Motion "A"
Receive and
Fi le
ORDINANCE Amending the Zoning Ordinance by reclassifying property located Motion "A"
at 2239-2241 Central Avenue from R-2A Alternate Two-Family Residential
District to C-4 Downtown Commercial District. (First & second readings 1/17)
4.
Proofs of Publication on Notice of Hearing on Plans and Specs AND Notice to
Bidders on the Receipt of Bids for Installation of an Elevator at the Locust
Street Parking Ramp AND City Manager recommending award of contract for
project.
RESOLUTION Adopting plans and specs for project.
RESOLUTION Awarding contract for project to Schumacher Elevator Company
in the amount of $65,841.00.
Recei ve and
File
Adopt
Adopt
5.
Proofs of Publication on Notice of Hearing on Plans and Specs AND Notice to
Bidders on the Receipt of Bids for the Catfish Creek Pump Replacement
Project AND City Manager recommending award of contract for project.
RESOLUTION Adopting Plans and specs for project.
RESOLUTION Awarding contract for project to Portzen Construction in the
amount of $336.680.
Receive and
File
Adopt
Adopt
REINSTATE THE RULE - LIMITING DISCUSSION TO COUNCIL
2
1.
2.
ACTION ITEMS
Request from Royce Wilken, President of American River Transportation, to
address Council.
Refer to
City ~lgr
City Manager recommending adoption of several amendments to the Motor
Vehicles and Traffic Sections of the Code of Ordinances.
ORDINANCE Amending Section 32-261 (d) of the Code of Ordinances to
prohibit parking at any time in certain designated zones relating to Eighth
Street between Locust and Iowa Streets.
ORDINANCE Amending the Code of Ordinances by modifying Subsection (b)
of Section 32-214 thereof providing for the addition of a stop sign on Futuro
Court at Chavenelle Road.
ORDINANCE Amending Section 32-262(d) of the Code of Ordinances to
prohibit parking on designated streets or portions thereof adding Chavenelle
Road.
ORDINANCE Amending the Code of Ordinances by revising Subsection (c) of
Section 32-231 providing for the establishment of speed limits on Chavenelle
Road.
ORDINANCE Amending the Code of Ordinances by modifying Subsection (b)
of Section 32-214 and Subsection (b) of Section 32-216 thereof providing for
the change from yield signs to stop signs on St. John Drive at Hillcrest Road.
ORDINANCE Amending Section 32-262 (d) of the Code of Ordinances
prohibiting parking on designated streets or portions thereof adding certain
portions of Charter Street.
Recei ve and
Fi le
Motion "B"
Motion "A"
Motion "B"
Motion "A"
Motion "B"
Motion "A"
Motion "B"
Motion "A"
Motion "B"
Motion "A"
Motion "B"
Motion "A"
3.
City Manager recommending approval of additional local matching funds for
the Ice Harbor Traffic Study.
COUNCIL MEMBER REPORTS
ITEMS TO BE SET FOR PUBLIC HEARINGS
1.
City Manager requesting public hearing for Fiscal Year 2001 Budget be set for
March 7, 2000.
RESOLUTION Setting the date for Public Hearing on Fiscal Year 2001 Budget.
RESOLUTION Setting the date for Public Hearing on Five Year Capital
Improvement Program.
Approve
Recei ve and
File
Adopt
Adopt
3
2.
City Manager submitting documents providing for construction of Cox Street
Storm Sewer
RESOLUTION Preliminary approval of plans and specs for project in estimated
amount of $47,930.85.
RESOLUTION Fixing Date of Hearing on plans and specs for March 6, 2000.
Recei ve and
Fi le
Adopt
Adopt
RESOLUTION Ordering Bids and directing Clerk to advertise.
Adoot
3.
City Manager submitting documents providing for Expansion of the Fifth Street
Parking Ramp.
RESOLUTION Preliminary approval of plans and specs for project in estimated
amount of $ $1,900,000.
RESOLUTION Fixing Date of Hearing on plans and specs for March 6, 2000.
RESOLUTION Ordering Bids and directing Clerk to advertise.
Recei ve and
File
Adopt
Adopt
Adopt
4.
City Manager recommending that a public hearing be set for March 6, 2000,
to consider a request from Medical Associates Realty, L.P., to vacate portions
of Chavenelle Road and Associates Drive.
RESOLUTION Approving plat of proposed vacated Chavenelle Road.
RESOLUTION Approving plat of proposed vacated Associates Drive.
ORDINANCE Vacating the portions of Chavenelle Road and Associates Drive.
RESOLUTION Advising of intent to dispose of City interest in Lot C of Medical
Associates Subdivision and Lot C of Medical Associates Subdivision No.2.
CONSENT ITEMS
1.
MINUTES SUBMITTED
Airport Commission of 1/24/00; Civil Service Commission of 12/10/99;
Community Development Advisory Commission of 1217/99; Five Flags
Commission of 1/17/00 (canceled); Housing Commission of 12/14/99;
Housing Commission Trust Fund Committee of 1/27/00; Human Rights
Commission of 12/13/99; Investment Oversight Commission of 1/20/00; Park
and Recreation Commission of 1/11/00; Transit Trustee Board of 9/9/99 and
12/9/99; Zoning Board of Adjustment of 12/15/99.
Proof of Publication on publishing of Council Proceedings for 1/3/00.
Recei ve ant
File
Adopt
Adopt
Adopt
Receive a
File
Receive é
File
4
Dubuque Racing Association (DRA) submitting their financial statements for
year ending November 30. 2000 (Copy on file in City Clerk's Office for
review).
Substance Abuse Service Center Second Quarter report for FY 2000.
Convention and Visitors Bureau Quarterly Report.
Recei ve and
File
Receive/File
Receive/File
2.
NOTICES OF CLAIMS/SUITS
Banner Investments in the estimated amount of $250.00 for property damage;
LuAnn Cox in unknown amount for personal injuries; Su Yen Chong in
unknown amount for vehicle damage; Kirk Dahl in estimated amount of
$500.00 for vehicle damage; Nora Gierens in estimated amount of $73.00 for
personal injuries.
3.
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 Elaine Oberbroeckling; vehicle
damage of Kirk Dahl; reimbursement for expenses and loss of business of
Trilog, Inc.
Corporation Counsel recommending denial of vehicle damage claim of Kirk
Dahl; reimbursement of towing, storage and car rental charges of Ron
Pergande.
Refer to
legal Dept
for Inv and
Report
Recei ve and
Fi le
Approve
Denia 1
Corporation Counsel recommending that the vehicle damage claim of Penny A. Recei ve and
Gronen be referred to Horsfield Construction. Fi le
Corporation Counsei submitting judgment in favor of City on sanitary sewer
backup claim of George and Marilyn Langas resulting from May 1999 rain
storm.
Receive and
Fi le
4.
City Manager recommending hearings be held on February 21, 2000 to assess
civil penalties for tobacco violations ($300 penalty for first violations --
AMOCO Food Shop at 1701 JFK Road. lOCO Speede Shoppe at 3250 Dodge.
and Tri-State Golf Center at 1095 Cedar Cross Road; 30 day suspension for
second violation -- lOCO Speede Shoppe at 2335 University).
Approve
Hearings to
2/21/00
5.
Petition submitted by Larry G. McMullen, 1755 Overview Court, requesting
that no parking be posted on the south side of Overview Court.
Refer to
City Manager
6.
Communication of City Manager recommending that the City certify to the
State Treasurer the population of areas annexed to the City since the 1990
Census.
Approve
5
7.
8.
9.
10.
11.
12.
13.
Communication of City Manager advising of a $400,000 award to the City
from the Iowa Department of Economic Development for a housing project at
Maria House.
Receive and
File
Recei ve and
City Manager submitting the Housing Department's fourth annual "River Town File
Rents" survey.
City Manager submitting the Fiscal Year 1999 Comprehensive Annual
Financial Report and Audit Reports.
Receive and
File
City Manager recommending acceptance of the 1998 Sidewalk Assessment -
Pennsylvania Avenue from Vizaleea to Embassy West Drive and further
recommending that the Schedule of Special Assessments be rescinded.
RESOLUTION Accepting Improvement for project.
RESOLUTION Approving final estimate in amount of $26,206.07.
RESOLUTION Rescinding Resolution #286-98 providing for the schedule of
preliminary assessments for the 1998 Sidewalk Assessment - Pennsylvania
Avenue from Vizaleea to Embassy West Drive and rescinding Resolution of
Necessity #326-98.
Receive and
Fi le
Adopt
Adopt
Adopt
City Manager recommending approval of a License Agreement with Seneca
Environmental Services.
RESOLUTION Authorizing the Mayor to execute a License Agreement with
Seneca Environmental Services to install monitoring wells on public right-of-
way at 2301 University.
City Manager recommending acceptance of public improvements in Asbury
Plaza - Phase IA.
RESOLUTION Accepting sanitary sewer and waterline in Asbury Plaza - Phase
IA.
City Manager recommending acceptance of the Wm. M. Black, Phase 1/
Project.
RESOLUTION Accepting improvement for project.
RESOLUTION Approving final estimate in amount of $77,046.57.
6
Recei ve and
File
Adopt
Receive and
File
Adopt
Receive and
File
Adopt
, Adopt
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
. Recei ve and
City Manager recommending acceptance of Wm. M. Black - Phase III ProJect. Fi le
Adopt
RESOLUTION Accepting improvement for project.
RESOLUTION Approving final estimate in amount of $87.400.00.
Adopt
City Manager recommending acceptance of the Cable Car Square Lighting
Project.
RESOLUTION Accepting improvement for project.
RESOLUTION Approving final estimate in amount of $84,309.30.
Rece i ve and
Fi le
Adopt
Adopt
Resignation of Kelly Sebastian from the Cable Community Teleprogramming
Commission.
Recei ve and
Fi le
City Manager recommending an amendment to the Community Development
Block Grant Citizen Participation Plan.
RESOLUTION Approving an amendment to the Citizen Participation Plan for
the Community Development Block Grant (CDBG) Program.
Recei ve and
File
Adopt
City Manager recommending approval to publish combined notice for release
of funds for Maria House Project.
RESOLUTION Authorizing publication of a combined notice of findings of no
Significant Impact on Environment and Notice of Intent to Request Release of
Funds for Maria House Project.
City Manager recommending settlement of claim by Horizon Development for
additional site development expenses in the amount of $20,000.
City Manager submitting information on an Emergency Planning Committee
public meeting which was held January 12. 2000.
City Manager submitting copy of correspondence to local senators and
representatives on proposed levy legislation.
City Manager submitting correspondence to County Board of Supervisor
Chairperson Alan Manternach supporting a grant application to IDED for land
use planning process.
Library Board of Trustees submitting the Carnegie-Stout Public Library Long
Range Plan 2000 - 2005.
7
RecelVe and
Fi le
Adopt
Approve
Receive and
File
Receive and
F'
Recei ve and
File
Recei ve and
File
25.
Business Licenses
RESOLUTION Granting issuance of Class "Boo Beer Permit to Bunker Hill Golf
Course; and Class "Coo Beer Permit to Oky-Doky #8, Big 10 Mart, Econofoods
#471, and Dubuque Discount Gas.
Adopt
RESOLUTION Granting issuance of Class "Coo Beer/Liquor License to Tony's
Place, Pusateri's, Chi-Chi's, Goetz's, The Clubhouse, TC's Copper Kettle, and
Town Clock Inn; and Class "BOO Wine Permit to Econofoods #471.
Adopt
PUBLIC INPUT
At this time, anyone in 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 place at the microphone
and state your name and address clearly. Proceed with your comments; however, no formal or
official 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 (Iowa Code §21.5(1 )(c)
Purchase of Real Estate (Iowa Code §21.5(1 )(j)
Jeanne F. Schneider
1 :00 p.m.
8
.~
ADDENDUM TO COUNCIL AGENDA FOR FEBRUARY 7, 2000
SET FOR PUBLIC HEARING
1A.
City Manager requesting public hearing be held on February 23,
2000 on the Fiscal Year 2000 Annual Action Plan for use
of Community Development Block Grant (CDBG) Funds for
Fiscal Year 2000-2001.
February 4, 2000
Jeanne F. Schneider
10:00 a.m.
Approve