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05 15 00 Agenda . . ~ . AGENDA DUBUQUE CITY COUNCil MEETING 6:30 P.M., MONDAY, MAY 15, 2000 PUBLIC LIBRARY AUDITORIUM INVOCATION Rev. Nancy Bickel, First Congregational United Church of Christ PROCLAMATIONS Historic Preservation Week (May 14-20, 2000) CONSENT ITEMS (SEE PAGES 7-10) 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 . APPOINTMENTS Environmental Stewardship Advisory Commission: latricia lord Human Rights Commission: Judith H. Giesen, Joseph A. Hopkins PUBLIC HEARINGS 1. Rezoning Request for 3030 Brunskill Road Proof of publication on notice of public hearing to consider rezoning property located from AG Agricultural and R-' Single Family Residential to PUD Planned Unit Development District with a PO Planned Office District and a PR Planned Residential District designation. Communication from Kenneth Thill, 3000 Brunskill Road, objecting to the rezoning. ORDINANCE Amending Appendix A of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 3030 Brunskill Road from AG Agricultural and R-' Single Family Residential to PUD Planned Unit Development District with a PO Planned Office District and a PR Planned Residential District designation and adopting a Conceptual Development Plan, with conditions. . Suggested Disposition: Receive and File; Motion "A" , ORDER OF ROLL CALL FOR MEETliilG 01" 5/15/00 DUGGAN MARKHAM MICHALSKI NICHOLSON ROBBINS BUOL CLINE . . . . 2. Construction of the 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. City Manager recommending that the Resolution approving the preliminary plans and specs be rescinded and that the bid be rejected. RESOLUTION Rescinding Resolution No. 119-00 preliminary approval of plans and specifications for expansion of the Third Street Parking Ramp. 2 OS' C'\' Suggested Disposition: Receive and File; Adopt Resolution 3. Fiscal Year 2001 Asphalt Paving Project Proofs of Publication on Notice of Hearing on Plans and Specs and Notice to Bidders on the Receipt of Bids for Construction of 2000 Asphalt Paving Project (Fiscal Year 2001). and City Manager recommending to award contract for project. RESOLUTION Adopting plans and specs for project. ZllcCl\ RESOLUTION Awarding Contract for project to River City Paving in the amount of $325,975.45'1 C. 'j \' \' Suggested Disposition: Receive and File; Adopt Resolutions 4. 2000 P.C. Concrete Paving Project - No.1 Proofs of Publication on Notice of Hearing on Plans and Specs and Notice to Bidders on the Receipt of Bids for Construction of the 2000 P.C. Concrete Paving Project - No.1, and City Manager recommending to award contract for project. RESOLUTION Adopting plans and specs for project.r ut ( RESOLUTION Awarding contract for project to Horsfield Construction in the amount of $1,015,667.25.'lCC\CC Suggested Disposition: Receive and File; Adopt Resolutions REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL 2 I . . . ACTION ITEMS 1. Streetscape Improvements - Main Street from 5th Street to 9th Street (Remove from Table - Tabled at Meeting of January 17, 2000) Motion on Table: Receive and file communication of City Manager and approve recommendation. Correspondence and petitions from citizens, and property and business owners on Main Street addressing the issue. Suggested Disposition: Receive and File Communications; Council 2. Speed limit on Pennsylvania Avenue City Manager recommending that the speed limit on Pennsylvania Avenue from McPoland Street to John F. Kennedy Road be raised to 30 miles per hour. Communication of Joyce R. Kirk, 2960 Pennsylvania, in opposition to increasing the speed limit. ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa by revising Subsection (C) of Section 32-231 thereof providing for the establishment of speed limits on Pennsylvania Avenue. '-\2-J-\j\j Suggested Disposition: Receive and File; Motion "A" 3. Appointment to Regional Workforce Investment Board Communication from William J. Baum, East Central Intergovernmental Association, requesting appointment of a City representative to the Workforce Investment Board. Suggested Disposition: Receive and File; Appointment 4. July 3, 2000 City Council Meeting City Manager recommending that the July 3, 2000 City Council meeting be rescheduled to Wednesday, July 5, 2000 due to the Fourth of July holiday. Suggested Disposition: Receive and File; Approve COUNCIL MEMBER REPORTS 3 . . . ITEMS TO BE SET FOR PUBLIC HEARINGS 1. 2000 PC Concrete Paving Project No.2 (Burden Street and North Burden) City Manager submitting documents providing for construction of the 2000 PC Concrete Paving Project No.2 (Burden Street and North Burden). RESOLUTION Preliminary approval of plans and specs for project in estimated amount of $1,216,236.65.21\)'\)0 RESOLUTION Fixing date of hearing on plans and specs for June 19, 2000.1. II -t;(;, RESOLUTION of Necessity. 2.\ I-DCi RESOLUTION Fixing date of hearing on Resolution of Necessity. L\ ~-OC) RESOLUTION Approving preliminary schedule of assessments:l \4 -c C Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 6/19/00 2. 2000 Curb Ramp Installation - CDBG City Manager submitting documents providing for construction of the 2000 Curb Ramp Installation project. RESOLUTION Preliminary approval of plans and specs for project in estimated amount of $58,696.ll'SCC' RESOLUTION Fixing Date of Hearing on plans and specs for June 19, 2000. l \ li' -CC RESOLUTION Ordering Bids and directing Clerk to advertise. l \1 -CO Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 6/19/00 3. Giese Sheet Metal Easement City Manager recommending an ingress/egress easement to Giese Company and to set a public hearing on the disposal of the City's interest in the property. RESOLUTION of Intent to dispose of interest in real property by granting an ingress/egress easement to a certain property owner adjacent to the North End Neighborhood Bike/Hike Trail from 22nd Street to 32nd Street, in the City of Dubuque, Iowa. L\1) Cl\) Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/5/00 4 . . . 4. Herrig/Siegert Rezoning Request of John Herrig and Gerald and Judith Siegert to rezone 223 acres of property between English Mill Road and Highway 20 in conjunction with annexation. ORDINANCE Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 11515 English Mill Road from Dubuque County A-1 Agricultural District to City of Dubuque C-3 General Commercial District, R-3 Moderate Density Multi-Family Residential District and R-1 Single-Family Residential District, with conditions, concurrent with annexation. Suggested Disposition: Motion "8"; Motion "0"; Public Hearing 6/5/00 5. Siegert Annexation City Manager recommending approval of a request from Gerald and Judith Siegert to annex land east of the Landfill between Highway 20 and English Mill Road and that a public hearing be held on June 5, 2000. RESOLUTION Annexing Certain Property. Suggested Disposition: Motion "8"; Motion "D"; Public Hearing on 6/5/00 6. A. Y. McDonald Rezoning Request to rezone property located on East 12th Street from POS Public Open Space District to MHI Modified Heavy Industrial District. ORDINANCE Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located north of east 12th Street and east of Highway 611151 from POS Public Open Space to MHI Modified Heavy Industrial District. Suggested Disposition: Motion "8"; Motion "0"; Public Hearing 6/19/00 7. Dubuque County Historical Society Lease City Manager recommending that a public hearing be set for June 5, 2000 to consider a lease to the Dubuque County Historical Society for the America' River Museum. RESOLUTION of Intent to dispose of an interest in real property by lease with the Dubuque County Historical Society. l.\Q -\JG Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/5/00 5 - . . . CONSENT ITEMS 1. Minutes Civil Service Commission of 4/3; Community Development Commission of 4/25; Environmental Stewardship Advisory Commission of 5/2; Historic Preservation Commission of 4/6 and 4/20; Long Range Planning Advisory Commission of 4119; Park and Recreation Commission of 4/12; Zoning Advisory Commission of 4/5; Zoning Board of Adjustment of 4/27; Library Board of Trustees of 3/23. Acting Finance Director submitting Financial Report for month ending April 30, 2000. Proof of Publication of Council Proceedings for 4/17/00; and List of Claims and Summary of Revenues for month ending March, 2000. Quarterly Report of the Convention and Visitors Bureau and the Substance Abuse Services Center. Suggested Disposition: Receive and File 2. Notice of Claims/Suits Mark Becker in estimated amount of $445.84 for vehicle damage; Dianna Jean Grob in undetermined amount for various items; Michael Hanson in undetermined amount for vehicle damages; Gerard Kruse in estimated amount of $1,545.88 for vehicle damages; Chuck Minnick in estimated amount of $741.68 for motorcycle damages; Allen D. Mohr in estimated amount of $639.19 for vehicle damages. 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: Gerard Kruse for vehicle damages. Suggested Disposition: Receive and File Corporation Counsel recommending settlement of the claim of Tom Patterson in the amount of $ 519.40 for vehicle damages; and claim of Jimmy and Deb Matheos in the amount of $397 for a Release and Settlement Agreement. Suggested Disposition: Receive and File; Finance Director to issue checks Corporation Counsel recommending denial of the vehicle damage claim of Michael A. Nichols. Suggested Disposition: Receive and File 6 . . . 3. Additional WARN Act Notification Communication of Gary D. Junso, John Morrell & Co., advising that an additional one hundred employees will be laid off on or about June 9, 2000. Suggested Disposition: Receive and File 4. WARN Act Notificiation Communication of Terry Ross providing official notification that National Service Company of Iowa has given a WARN notice to its employees at the Dubuque, Iowa Farmland Foods' plant. Suggested Disposition: Receive and File 5. Citizen Communications Communication from Tara Winger regarding the Dubuque Police Department. Communication from Patricia A. Doll, 3035 Arbor Oaks Drive, regarding AT&T Cable Service. Suggested Disposition: Receive and File 6. Community Economic Betterment Account Communications from the Iowa Department of Economic Development regarding the Community Economic Betterment Account contracts of FDL Foods, and HBO and Company. Suggested Disposition: Receive and File 7. Internet Tax Freedom Act Letter to Senators Tom Harkin and Charles Grassley and Congressman Nussle in opposition to expanding the moratorium on the Internet Tax Freedom Act. Suggested Disposition: Receive and File 8. Infrastructure Appropriations Bill Letter to Governor Tom Vilsack in support of Senate File 2453, the Infrastructure Appropriations Bill. Suggested Disposition: Receive and File 9. Vacating Petition Communication of Laurie L. Dawley, Shuttleworth & Ingersoll, P.L.C., requesting the vacating of the west 17 feet of Pine Street. Suggested Disposition: Receive and File; Refer to City Manager 7 . . . . 10. Engineering Assistant II Civil Service Commission certifying the Engineering Assistant 1\ eligibility list. Suggested Disposition: Receive and File; Make a Matter of Record 11. 1999 Curb Ramp Installation - CDBG City Manager recommending acceptance of the contract for the 1999 Curb Ramp Installation Project. RESOLUTION Accepting improvement for project. I(\\.\, -l,G RESOLUTION Approving final estimate in amount of $60,761.20. \C\ltG Suggested Disposition: Receive and File; Adopt Resolutions 12. Jackson Street Assessments - Final Acceptance City Manager recommending acceptance of the Final Assessment Schedule for the Jackson Street Reconstruction Project. RESOLUTION Adopting the final assessment schedule for Jackson Street Reconstruction Project including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the final schedule and to publish notice thereof. \CI.'G-CjC: Suggested Disposition: Receive and File; Adopt Resolution 13. Lease Agreement with Iowa Department of Transportation City Manager recommending approval of a lease agreement with the Iowa Department of Transportation to allow construction of a parking lot. RESOLUTION Approving of Commercial Airspace Lease Agreement with the Iowa Department of Transportation relating to the construction of a parking lot for automobile and light truck parking below elevated U.S. 61 /151. \I~)) C(, Suggested Disposition: Receive and File; Adopt Resolution 14. Release of Easement with Dubuque Transfer and Storage City Manager recommending acceptance of a Release of Easement for Dubuque Transfer and Storage adjacent to the North End Neighborhood Bike/Hike Trail. RESOLUTION Accepting a Release of Easement for Certain Property adjacent to the North End Neighborhood Bike/Hike Trail from 22nd Street to 32nd Street, in the City of Dubuque, Iowa. \(VICC) Suggested Disposition: Receive and File; Adopt Resolution 8 - . . . 15. Minor Final Plat of Siegert's Place, Third Addition Zoning Advisory Commission advising of their approval of the Minor Final Plat of Siegert's Place, Third Addition. RESOLUTION Approving the final plat of Siegert's Place, Third Addition, in the City of Dubuque, 10wa.LC;~ CJ[~ Suggested Disposition: Receive and File; Adopt Resolution 16. Dubuque County Historical Society Application for Local TEA-21 Funds City Manager recommending that the City sponsor the grant application of the Dubuque County Historical Society to DMATS for Phase 2 of the Depot Restoration Project. RESOLUTION Providing for an application to DMATS for TEA-21 Transportation Enhancement Funds for Phase 2 of the Depot Restoration Project by Dubuque County Historical Society. 7 1'\ l;\, Suggested Disposition: Receive and File; Adopt Resolution 17. General Obligation Bond Issue Submittal of the Official Statement for the $2,750,000 for the General Obligation Bonds to be sold on May 18, 2000. Suggested Oisposition: Receive and File 18. HOME Investment Partnership Program City Manager recommending the publication of combined notice 0f no significant impact on the environment and notice of intent to request release of funds for the HOME Investment Partnership Program. RESOLUTION Authorizing publication of a combined notice of finding of no significant impact on the environment and notice of intent to request release of funds for the HOME Investment Partnership Program. L C"L (C Suggested Disposition: Receive and File; Adopt Resolution 19. Photo Red Light Enforcement City Manager recommending approval of an agreement with the Iowa Department of Transportation to have Photo Red Light Enforcement equipment installed in Dubuque. Suggested Disposition: Receive and File; Approve Agreement 9 --- . . 20. Ice Harbor Parking Agreement City Manager recommending approval of an amended Ice Harbor Parking Agreement to allow development of the River Discovery Center. Suggested Disposition: Receive and File; Approve 21. Schedule Work Session City Manager requesting that a work session be scheduled on June 5, 2000 to discuss the design concepts for 5th, 6th and 7th Streets. Suggested Disposition: Receive and File; Approve 22. Business Licenses RESOLUTION Granting Issuance of a Class "A" Club Beer/Liquor License to Dubuque Golf and County Club; Class "C" (Commercial) Beer/Liquor License to Shot Tower, Silver Dollar, Dempsey's/Molly's Pub, Denny's Lux Club, Kalmes Breaktime Bar and Grill, Corner Tap; Special Class "C" (BW) Liquor License to Papa Sarducci's, Athenian Grill; and Class "B" Wine Permit to Beecher Beverage. L(j~(,CJ RESOLUTION Granting Issuance of a Class "C" Beer License to Cedar Cross Amoco, Beecher Beverage, McCann's Service, 16th Street Auto/Truck Plaza, Lein Oriental Food.l~L\-~jCj 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 microphore 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) Jeanne F. Schneider 1 :00 p.m. May 11, 2000 . 10