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08 07 00 Agenda AGENDA DUBUQUE CITY COUNCIL MEETING 6:30 P.M., MONDAY, AUGUST 7, 2000 LIBRARY AUDITORIUM INVOCATION Reverend Constance Miller, Pastor, St. John Lutheran Church PROCLAMATIONS Responsible Gaming Education Week (August 7 - 11, 2000) Downtown Month (August, 2000) United Way Campaign Time (August 8 - October 31, 2000) CONSENT ITEMS (See Pages 7 through 11) The 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/COMMISSIONS Applicants are invited to address the Council to express their desire to serve on the following Boards/Commissions: Housing Commission: Dorothy A. Culbertson, Jim Holz. Dan Teply Library Board of Trustees: Sue Lindsay Long Range Planning Advisory Commission: Chris Curfman Appointments to the following Boards/Commissions: Housing Advisory Trust Fund Committee: Doris Hingtgen . 1 PUBLIC HEARINGS 1. 61-65 South Algona Street Vacation City Manager recommending that the City dispose of Lots 7 A and 8A in O'Neill's Subdivision to Wayne Reicher and Mark Laird. RESOLUTION Disposing of City interest in Lots 7 A and 8A in O'Neill's S ubDrtslo No.3 in the City of Dubuque, lowa'~~a-D() ._~ ... /-Y./~ Suggested Disposition: ~eceive and File Communication; Adopt Resolution 2. Parking Lot at Third and Main Streets Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids for construction of the Parking Lot at Third and Main and City Manager recommending to award contract for project. RESOLUTION Adopting plans and specs for project. 31l1\ -DO RESOLUTION Awarding contract for project to Conlon Construction in the amount of $71,042. 3\D1-oa Suggested Disposition: Receive and File Communication; Adopt Resolutions 3. Construction of Third Street Parking Ramp Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids for construction of the Third Street Parking Ramp and City Manager recommending to award contract for project. RESOLUTION Adopting plans and specs for project. jlY~-CO RESOLUTION Awarding contract for project to Conlon Construction in the amount of $5,547,735. 3\rl.\-()() Suggested Disposition: Receive and File Communication; Adopt Resolutions 4. Bunker Hill Building Remodeling Project Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids for the Bunker Hill Building Remodeling Project and City Manager recommending to award contract for project. RESOLUTION Adopting plans and specs for project. 3\.oS-OO RESOLUTION Awarding contract for project to Execucon, Ltd., in the amount of $309,574.56.3\O\O-GO Suggested Disposition: Receive and File Communication; Adopt Resolutions 2 ACTION ITEMS 1. Lucent Technology Request from Michael Sills, Lucent Technology, to address the Council regarding the submittal of their RFP for the City's communications system. Suggested Disposition: Receive and File 2. Comprehensive Plan Update Planning Services Manager Laura Carstens presenting a report on the status of the Comprehensive Plan Update. Suggested Disposition: Receive and File 3. Long Range Planning Commission Corporation Counsel Barry Lindahl submitting an Ordinance to provide that the liaison from the Zoning Advisory Commission shall not be a member of the Long range Planning Advisory Commission until September 1, 2001. ORDINANCE Amending the City of Dubuque Code of Ordinances Section 36-4 Long Range Planning Advisory Commission created; composition, by suspending the membership on the Commission of a member of the Zoning Advisory Commission until September 1, 2001)\ hM-<2/1./ Suggested Disposition: Receive and File; Approve; Motion B, Motion A 4. Right-ot-Way Encroachment - Projecting Awning Sign at 356 Main Street Communication of City Manager recommending approval of a projecting sign in the public right-of-way at 356 Main Street. ORDINANCE Authorizing Guy Gard to construct awning signs X A,'lMd~ ..----r; I / 0/ &L4.;y~, J Suggested Disposition: Receive and File; Motion B, Motion A 5. Right-ot-Way Encroachment - Projecting Sign at 255 Locust Communication of City Manager recommending approval of a projecting sign in the public right-of-way at 255 Locust Street. ./';:/ / j" , ',/, / i ~-<~X;-('d'/! ~-} ORDINANCE Authorizing Miracle Car Wash to install a project sign,<'~, ~ / ~5-()\) q.o /:f/~ vf./ Suggested Disposition: Receive and File; Motion B, Motion A 4 6. Right-of-Way Encroachment - Projecting Sign at 1091 Main Street Communication of City Manager recommending approval of a projecting sign in the public right-of-way at 1091 Main Street. ORDINANCE Authorizing Lime Rock Springs Co., Inc. (Pepsi-Cola) to install a projecting sign \.o~.\)\) 1/:1. / /l . .~ W) ~A'A:~d.:d/ !:;;/ Suggested Disposition: Receive and File; Motion B, Motion A .. .?~~b 7 . Consulting Contract for Conceptual Design of Main Street City Manager recommending that the City enter into an agreement with Durrant Group for preparation of a Conceptual Design of Main Street. Suggested Disposition: Receive and File; Concur with Recommendation 8. Permit Moratorium for Fourth Street Peninsula City Manager recommending that a building permit moratorium for the Fourth Street Peninsula be enacted for a twelve month period. \o1-\)\:) ORDINANCE Amending Chapter 11 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances by adding Section 11-58.2, establishing a moratorium for permit applications on the Fourth Street Peninsula. /~' / J I / ) rA~~-<-NA../ Suggested Disposition: Receive and File; Motion B; Motion A 9. Board of Health Dissolution XORDINANCE Amending the City of Dubuque Code of Ordinances by Repealing Sec. 23-1 Providing for a Board of Health; by Repealing Sec. 23-3 Providing for the Conduct of Appeal by the Board of Health; by amending Sec. 7-75 and 7-81 relating to Dangerous Animals. /) '( \ Suggested Disposition: Receive and File; Motion B, Motion A (Super majority vote needed) 10. Southwest Arterial Communication from the Iowa Department of Transportation requesting that the City Council implement a one-year moratorium on development along U.S. 20. Communication from Gary K. Norby, Attorney for Edward Tschiggfrie and Tschiggfrie Excavating Company, regarding the request from IDOT for a moratorium along U.S. 20. Suggested Disposition: Receive and File; Council Direction COUNCIL MEMBER REPORTS 5 ITEMS TO BE SET FOR PUBLIC HEARING 1. Eagle Point Water Plant, Chlorine Feed Room Expansion City Manager submitting documents providing for expansion of the Eagle Point Water Plant Chlorine Feed Room. RESOLUTION Preliminary approval of plans and specs for project in estimated amount of $117,000. 315-0D RESOLUTION Fixing da1e of hearing on plans and specs for September 5, 2000.31lD-DD ~ll-()D / / / RESOLUTION Ordering bids and directing Clerk to advertise. /-tf:r4/.k:/ cY#::{~/ Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 9/5/00 2. Salina Street Reconstruction City Manager submitting documents providing for the reconstruction of Salina Street. . ) r)/f , RESOLUTION Preliminary approval of plans and specs for project in estimated amount of $611,375.77 31%-\)0 :n:\-l)C) RESOLUTION Fixing date of hearing on plans and specs for September 5, 2000 RESOLUTION Of necessity 3"b0-00 RESOLUTION Fixing date of hearing on Resolution of Necessity 3'6 \ - D 0 RESOLUTION Adopting preliminary schedule of assessments 3W'6."Z -0'0) ih )F RESOLUTION Ordering bids and directing Clerk to advertise / /1/ 3'63-()() Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 9/5/00 3. Bennett Street Storm Sewer Extension City Manager submitting documents providing for construction of the Bennett Street Storm Sewer Extension Project. , j) II RESOLUTION Preliminary approval of plans and specs for project in estimate.1r Jf J amount of $34,941.833t>4iJO fVy~j.l ,- RESOLUTION Fixing date of hearing on plans and specs for September 5, 2000 3b5-DCl RESOLUTION Ordering bids and directing Clerk to advertise Sb~-OO Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 9/5/00 6 4. Parking Lot Removal, Discovery Center City Manager submitting documents providing for Removal of the Discovery Center Parking Lot. RESOLUTION Preliminary approval of plans and specs for project in estimated amount of $27,855.00 3'bl-()C) /f'~<,/' ~/ _ . / /~AA'~~ RESOLUTION Fixing date of hearing on plans and specs for September 5, 20003t~-()C) RESOLUTION Ordering pids and directing Clerk to advertise. 3'bo. -00 Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 9/5/00 5. Garfield Place Urban Revitalization Designation/Housing Trust Fund Award City Manager recommending that a public hearing be set for September 18, 2000 to consider the designation of the "Garfield Place" as an Urban Revitalization area; and further recommending approval of a Housing Trust Fund Award for construction of a single room occupancy facility on Garfield Avenue. RESOLUTION: 1) Finding that the designation of "Garfield Place" as an Urban Revitalization area is necessary in the interest of publiC health, safety and welfare of the residents of the City; determining that said Area meets the eligibility requirements of Section 404.1 of the Code of Iowa; 3) acknowledging a proposed plan for the Garfield Place Area; 4) providing for a public hearing and published notice; and 5) waiving notification of occupants by ordinary mail. 3q() - 00 Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9/18/00 CONSENT ITEMS 1. Minutes Airport Commission of 7/6 and 7/24; Civil Service Commission of 6/28 and 7/11; Community Development Advisory Commission of 6/20; Five Flags Commission of 6/19; Housing Commission of 7111; Human Rights Commission of 6/12; Library Board of 6/21; Park and Recreation Commission of 7111 . Proof of publication of Council Proceedings for June 12, June 19, and July 5. 2000; and List of Claims and Summary of Revenues for month of May, 2000. Printed Council Proceedings for May, 2000. Suggested Disposition: Receive and File; Approve as Printed Finance Director submitting the Quarterly Investment Report. Suggested Disposition: Receive and File 7 2. Notice of Claims/Suits David Hennessy in estimated amount of $483.45 for vehicle damage; Rick Hillard in undetermined amount for vehicle damage; Donald Kohl in estimated amount of $100.78 for vehicle damage; Beth Miller in estimated amount of $50,000; Jan Troy in estimated amount of $331.36 for property damage; Mona Turner in undetermined amount for vehicle damage; and Wells Fargo Home Mortgage, Inc. versus City of Dubuque. Suggested Disposition: Receive and File; Refer to Legal Dept for Investigation Corporation Counsel advising the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Farm Bureau Mutual Insurance for property damage; Tim Patterson for vehicle damage; Joseph and Lois Stelken for vehicle damage; and Robert and Jeanette Welu for personal injuries. Suggested Disposition: Receive and File Corporation Counsel recommending denial of the vehicle damage claim of Jonathan S. Meyers. Suggested Disposition: Receive and File; Concur with Recommendation 3. Civil Service Commission Civil Service Commission certifying the eligibility list for Inspector I. Suggested Disposition: Receive and File; Make a Matter of Record 4. Resignations Communication of John F. Michalski submitting his resignation from the Long Range Planning Advisory Commission. Communication of Duaine H. Greenfield submitting his resignation from the Historic Preservation Commission. Suggested Disposition: Receive and File 5. Jaeger Heights Subdivision Communication of Lloyd S. Gudenkauf requesting a 180 day extension for the installation of improvements for Jaeger Heights Subdivision. Suggested Disposition: Receive and File; Refer to City Manager 6. Citizen Communication Communication of E.C. Vandenburgh regarding damages to Clara Court. Suggested Disposition: Receive and File 8 7. Authorization to Execute Checks City Manager recommending that certain City employees be authorized to execute checks on behalf of the City. RESOLUTION Authorizing certain designated employees of the City of Dubuque limited authorization to execute checks on behalf of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 34lv -DO 8. Heron Pond Wetlands Nature Trail Project City Manager recommending acceptance of the Heron Pond Wetlands Nature Trail Project. RESOLUTION Accepting improvement for project 341-00 RESOLUTION Approving final estimate in amount of $167,102.45 3LJkOQ Suggested Disposition: Receive and File; Adopt Resolutions 9. 1999 PC Paving Project, No. 2 City Manager recommending acceptance of the 1999 PC Paving Project. No.2. RESOLUTION Accepting improvement for project .3yq -00 RESOLUTION Approving preliminary schedule of final assessments for the 1999 PC Concrete Paving Project - No.2 350 -00 RESOLUTION Approving final estimate in amount of $742,522.43351-00 Suggested Disposition: Receive and File; Adopt Resolutions 10. City/County Pavement Marking Agreement City Manager recommending approval of a City/County pavement marking agreement. RESOLUTION Approving a cooperative agreement between the City of Dubuque and Dubuque County for the painting of pavement markings on streets and roads 35'2.-0D Suggested Disposition: Receive and File; Adopt Resolution 11 . Tiffany Ridge City Manager recommending acceptance of the public improvements in the Tiffanh Ridge Subdivision. ~~.-----,Q ( RESOLUTION Accepting improvements in Tiffany Ridge. /--->; /'l~..(y/;}J 3~3-GC\ .-'rv, I/l I Suggested Disposition: Receive and File; Adopt Resolution ~~,J: J 9 12. ~J~) Dock Division Manager . g~;:~:~c:tion of City Manager recommending an amendment to the Code of \ if.' VI \ ~I.. ORDINANCE Amending the City of Dubuque Code of Ordinances by changing the) U' iJ reference in Sections 10-23, 10-24, and 10-38 from "Dock Division Manager" to04' "City Manager". Suggested Disposition: Receive and File; First Reading 13. Chamber of Commerce Development Agreement Amendment City Manager recommending an amendment to the Chamber of Commerce Development Agreement. XRESOLUTION Approving and authorizing execution of an amended and restated Development Agreement by and among the City of Dubuque, Harbor View Development, LLC, and the Dubuque Area Chamber of Commerce. Suggested Disposition: Receive and File; Adopt Resolution 14. Skate Park Concrete Slab Construction Project City Manager recommending acceptance of the Skate Park Concrete Slab Construction Project. RESOLUTION Accepting improvement for project35L\-DO RESOLUTION Approving final estimate in amount of $43,334.57 355-DO Suggested Disposition: Receive and File; Adopt Resolutions 15. Library's State Certification City Manager advising that Carnegie Stout Public Library has again been awarded full certification by the State of Iowa. Suggested Disposition: Receive and File 16. Placement of Crime Stopper Signs City Manager recommending approval to allow Crime Stoppers to place their signs on sign posts throughout the City. Suggested Recommendation: Receive and File; Concur with Recommendation 17. Liquor License Refund Request from Rigel Corporation (Godfather's Pizza) of a liquor license refund in the amount of $225.00 Suggested Disposition: Receive and File; Approve 10 18. Business Licenses RESOLUTION Granting issuance of a new permit to sell Cigarettes and Cigarette Papers to Shannon's Bar & Grill, 521 East 22nd Street 35lo-00 RESOLUTION Granting issuance of a renewal of a permit to sell Cigarettes and Cigarette Papers to Oky-Doky #21 at 2010 Kerper Blvd, and Bodine Lounge at 1445 Central 351-lJO RESOLUTION Granting issuance of Class B Beer Permit to Music N More Promotions; Donna Ginter (Riverfestl. and Tri-State Golf Center, Inc.; and Class C Beer Permit to Amoco Food Shop 3S't,-Oc., RESOLUTION Granting issuance of a Class C Liquor License to Shannon's Bar & Grill and King of Clubs 35C\ -DD Suggested DispOSition: Adopt Resolutions 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 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 Purchase of Real Estate (Iowa Code ~21.5(1)(j) Pending Litigation (Iowa Code ~21.5(1 )(c) Jeanne F. Schneider City Clerk August 3, 2000 1 1