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07 05 00 Agenda AGENDA DUBUQUE CITY COUNCil MEETING 6:30 P.M., WEDNESDAY, JULY 5,2000 LIBRARY AUDITORIUM INVOCATION Sr. Inez Turnmeyer, Director of St. Mark Community Center PROCLAMATIONS John Mauss Day (July 7, 2000) Recreation and Parks Month (July) Apples for Students (July 8 - 23, 2000) Rick Dickinson, Executive Director, Greater Dubuque Development Corporation, to give verbal progress report CONSENT ITEMS (SEE PAGES 5-9) 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: Historic Preservation Commission: Christopher J. Wand (Architect/At Large) Investment Oversight Commission: Paul Lassance, Hiram Melendez Plumbing Board: Stanley G. Gonner (Master Plumber) Appointments to the following Boards/Commissions: Civic Center Commission: Gary Dolphin, Cynthia A. Fuller Housing Commission: David J. Kapler, Dan Teply Transit Board of Trustees: Harry J. Bemis TV Cable Regulatory Commission: Charlie Ellis 1 PUBLIC HEARINGS 1 . Klauer Manufacturing Rezoning - 26th and Pinard Proofs of publication on notice of hearing to consider rezoning property located at 26th and Pinard Streets from R-2 Two-Family Residential District to R-2A Alternate Two-Family Residential District to allow construction of an employee parking lot. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the northwest corner of 26th and Pinard Streets from R-2 Two-Family Residential District to R-2A Alternate Two-Family Residential District. (1 st and 2nd readings 6/19/00) Suggested Disposition: Receive and File; Motion "A" 2. Hillcrest Zoning ID Amendment Proof of publication on notice of hearing to consider amending the 10 Institutional District to add classrooms as a permitted use and allow the installation of a portable classroom. ORDINANCE Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the amendment of Ordinance 41-92 which adopted regulations for the Hillcrest Family Services Institutional District. (1 st and 2nd readings 6/19/00) Suggested Disposition: Receive and File; Motion "A" 3. Conceptual Development Plan - Menard Inc. Proof of publication on notice of hearing to consider rezoning property on U.S. Highway 20 from C-3 General Commercial and CS Commercial Service an"d Wholesale District to PUD Planned Unit Development District with a PC Planned Commercial designation to allow for development of a new Menard's store. ORDINANCE Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along U.S. Highway 20 west of Wests ide Court from C-3 General Commercial District and CS Commercial Service and Wholesale District to PUD Planned Unit Development District with a PC Planned Commercial District designation and adopting a Conceptual Development Plan, with conditions, for Menard, Inc. (1 st and 2nd readings 6/19/00) Suggested Disposition: Receive and File; Motion II A" 2 . .'~. ,,~,"Tll."""""''''''~'Af''l!!l;i'''I5'''"f~'''''''''' "' > 4. Five Flags Center Arena Seat Replacement Project Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids for the Five Flags Center Arena Seat Replacement Project and City Manager recommending to award contract for project. Communication from Country Roads, Inc., regarding the Dubuque Five Flags Arena Seat Replacement Project and response from Corporation Counsel Barry Lindahl. RESOLUTION Adopting Plans and Specs for project. RESOLUTION Awarding Contract for project to School Specialty in the amount of $166,155. Suggested Disposition: Receive and File Communication; Adopt Resolutions 5. City Hall Interior Work Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids for the City Hall Remodeling (Interior Work) Project and City Manager recommending to award contract for project. RESOLUTION Adopting plans and specs for project. RESOLUTION Awarding contract for project to Kluck Construction in the amount of $68,000. Suggested Disposition: Receive and File Communication; Adopt Resolutions 6. City Hall Exterior Work Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids for the City Hall Remodeling (Exterior Work) Project and City Manager recommending to award contract for project. RESOLUTION Adopting plans and specs for project. RESOLUTION Awarding contract for project to Kluck Construction in the amount of $262,600. Suggested Disposition: Receive and File Communication; Adopt Resolutions 7. 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 Streets and City Manager recommending that the bid received be rejected. RESOLUTION Rescinding Resolution No. 261-00 Preliminary Approval of Plans and Specifications for construction of the parking lot at Third and Main Streets. Suggested Disposition: Receive and File Communication; Adopt Resolution 3 8. 2000 PC Concrete Paving Project No.2 (Burden Avenue and North Burden) 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 PC Concrete Paving Project No. 2 (Burden Avenue and North Burden) and City Manager recommending to award contract for project. RESOLUTION Awarding contract for project to Tschiggfrie Excavating in the amount of $823,841.89. Suggested Disposition: Receive and File Communication; Adopt Resolutions REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL ACTION ITEMS 1. Right-ot-Way Encroachment - 543 West 8th Street Communication of City Manager recommending approval of a projecting sign in the public right-of-way at 543 West 8th Street (Michael J. Koch). ORDINANCE Authorizing Michael J. Koch to construct a projecting sign at 543 West 8th Street. Suggested Disposition: Receive and File Communication; Motion "B"; Motion "A" COUNCIL MEMBER REPORTS ITEMS TO BE SET FOR PUBLIC HEARING 1 . Third Street Parking Ramp City Manager submitting documents providing for construction of the redesigned Third Street Parking Ramp and recommending that a public hearing be set for August 7, 2000. Communication of Brian J. Kane, Counsel for The Fischer Companies, regarding the design of the Third Street Parking Ramp. Communication of P.S. Vedi, Architect for the project, responding to concerns expressed by the Fischer Companies. RESOLUTION Preliminary approval of plans and specs for project in estimated amount of $5,000,000. RESOLUTION Fixing Date of Hearing on plans and specs for August 7, 2000. RESOLUTION Ordering Bids and directing Clerk to advertise. Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 8/7/00 4 2. Chicago Street Sanitary Sewer Extension Project City Manager submitting documents providing for construction of the Chicago Street Sanitary Sewer Extension Project and recommending that a public hearing be set for August 7, 2000. RESOLUTION Preliminary approval of plans and specs for project in estimated amount of $162,880.62. RESOLUTION Fixing date of hearing on plans and specs for August 7, 2000. RESOLUTION of Necessity. RESOLUTION Fixing date of hearing on Resolution of Necessity. RESOLUTION Approving preliminary schedule of assessments. Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 8/7/00 3. Walker and Oneida Street Storm Sewer Replacement Project City Manager submitting documents providing for construction of the Walker and Oneida Street Storm Sewer Replacement Project and recommending that a public hearing be set for August 7, 2000. RESOLUTION Preliminary approval of plans and specs for project in estimated amount of $160,043.46. RESOLUTION Fixing Date of Hearing on plans and specs for August 7, 2000. RESOLUTION Ordering Bids and directing Clerk to advertise. Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 8/7/00 CONSENT ITEMS 1. Minutes Cable TV Regulatory Commission of 6/7; Cable Community Teleprogramming Commission of 6/13; Civil Service Commission of 5/31 and 6/28; Five Flags Commission of 5/15; Housing Commission Trust Fund of 6/13; Human Rights Commission of 5/8. Printed Council Proceedings for March, 2000; Proofs of Publication of Council Proceedings for 5/15/00 and 6/5/00; and List of Claims and Summary of Revenues for month ending April 30, 2000. Suggested Disposition: Receive and File 5 2. Notice of Claims/Suits Patrick Butler in the estimated amount of $11.50 for cleaning of his vehicle; Barbara Freund in undetermined amount for property damage; Tim Patterson in the estimated amount of $1,000 for vehicle damage. 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: Joseph l. Hickson for vehicle damage; R.D. McDonald for property damage; and Aimee Wagner for vehicle damage. Suggested Disposition: Receive and File Corporation Counsel recommending that the claims of Thomas Buelow for property damage, and Craig and Deb Wurdinger for vehicle damage be denied. Suggested Disposition: Receive and File Corporation Counsel recommending that the claim of Patrick Butler in the amount of $11.50 for reimbursement of car-cleaning costs be approved and that a check be issued by the Finance Director. Suggested Disposition: Receive and File; Finance Director to Issue Check Corporation Counsel recommending that the claim of Barbara Freund for a sewer backup be received and filed and forwarded to proper personnel. Suggested Disposition: Receive and File 3. Citizen Communications Communication from Tara Winger regarding various issues. Communication of Cletus J. Winter regarding the Clarke Drive repaving project. Suggested Disposition: Receive and File 4. Request to Suspend Senior High School Residential Permit Parking District Request of Greg Orwoll, Executive Director of the Colts, to suspend enforcement of the residential parking regulations in the area surrounding Senior High School from 3:00 to 11 :00 p.m., on Thursday, July 6, 2000, in order to hold the annual Music on the March Program on Dalzell Field. Suggested Disposition: Receive and File; Approve Request 6 5. Citizen Petition Petition from business owners requesting two hour parking on the east side of Jackson Street from the corner of Milwaukee Street to the corner of Ruby Street. Suggested Disposition: Receive and File; Refer to City Manager 6. State Historical Society of Iowa Communication from the State Historical Society of Iowa advising that Four Mounds has been accepted for nomination to the National Register of Historic Places. Suggested Disposition: Receive and File 7. 319 Area Code Communication from the Iowa Utilities Board expressing gratitude for the comments received on the proposed 319 area code changes. Suggested Disposition: Receive and File 8. EMS Medical Director and Associate Medical Director City Manager recommending appointment of Dr. Douglas Butzier as EMS Medical Director and Dr. Timothy Bowers as Associate Medical Director for the Dubuque Fire Department. RESOLUTION Appointing Physician Medical Directors for the City of Dubuque Fire Department's Advanced Emergency Medical Care Ambulance Service. Suggested Disposition: Receive and File; Adopt Resolution 9. Release of Funds - Fourth Street Peninsula Acquisition and Clearance City Manager recommending the publication of combined notice of no significant impact on the environment and notice of intent to request release of funds for the Fourth Street Peninsula Acquisition and Clearance. 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 Fourth Street Peninsula Acquisition and Clearance. Suggested Disposition: Receive and File; Adopt Resolution 10. Fiscal Year 2001 Dubuque County REAP Plan City Manager recommending submittal of the update for the Fiscal Year 2001 REAP Plan for Dubuque County. Suggested Disposition: Receive and File 7 11. REAP Grant for Granger Creek Nature Trail City Manager recommending submission of a REAP grant application to the Iowa Department of Natural Resources for construction of the Granger Creek Nature Trail. RESOLUTION Application to the Iowa Department of Natural Resources for a REAP Grant for the Granger Creek Nature Trail at the Dubuque Technology Park. Suggested Disposition: Receive and File; Adopt Resolution 12. Revised Architectural/Historical Survey Historic Preservation Commission submitting the Revised Survey Report on Architectural/Historical Resources for Council review/comment. Suggested Disposition: Receive and File 13. RESOLUTION Accepting deed to real estate from Robert D. Klauer and livija Klauer. Suggested Disposition: Receive and File; Adopt Resolution 14. Operation: New View Communication from Tom Stovall, Executive Director, Operation: New View, requesting a letter of support for their HAWK-I Outreach Pilot Grant application. Suggested Disposition: Receive and File; Approve letter of Support 15. Preconstruction Agreement with the Iowa Department of Transportation City Manager recommending execution of a Preconstruction Agreement with the Iowa Department of Transportation relating to construction and future maintenance of Phase IV of Iowa 32 (Northwest Arterial), from John F. Kennedy Road to U.S. 52. RESOLUTION Approving Preconstruction Agreement with the Iowa Department of Transportation relating to the Iowa 32 (Northwest Arterial) extension project from existing Iowa 32/John F. Kennedy Road intersection to the City's north corporation line. Suggested Disposition: Receive and File; Adopt Resolution 16. Community Development Block Grant Agreement City Manager recommending approval of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Renewal (HUD) in the amount of $1,441,000 for Program Year beginning July 1, 2000. RESOLUTION Authorizing execution of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development. Suggested Disposition: Receive and File; Adopt Resolution 8 17. Civil Service Commission Civil Service Commission certifying the eligibility lists for Lead Sanitation Driver and Police Chief. Suggested Disposition: Receive and File; Make a Matter of Record 18. Business Licenses RESOLUTION Granting issuance of a permit to sell Cigarettes and Cigarette Papers to 10 City of Dubuque businesses. RESOLUTION Granting Issuance of a Class /lC" Beer Permit to Cedar Cross Amoco, Oky Doky Foods #14, Kwik Stop, and Oky Doky #15. RESOLUTION Granting Issuance of a Class "C" Beer/Liquor License to Madhatters, Bodine's, Airport Inn, Fischer Lanes, Dubuque Five Flags, Walnut Tap, and Fat Tuesdays. Suggested Disposition: Receive and File; 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 Hc) Jeanne F. Schneider 1 :00 p.m. June 29, 2000 9