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07 05 00 Skeleton Sheet . . . ~. ~ CITY COUNCIL REGULAR SESSION, JULY 5, 2000 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM I i ...I' ,/ ./ PRESENT: MAYOR DUGGAN, COUNCIL MEMBERS BUOL, CLINE, MARKHAM, MICHA~KI, NICHOlSON, ROpBlNS CITY MANAGER MICHAEL VAN MILLlGEN, CORPORATION COUNSEL B~RY LINDAHL ABSENT: Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. INVOCATION: Sr. Inez Turnmeyer I PROCLAMATIONS . ;1'///-.../ John Mauss Day (July 7, 2000) -- Received By}; .;?./ if' pl/j/ Recreation and Parks Month (July) -- Received BY: I t~~ /U.-. " Apples for Students (July 8 - 23, 2000) -- Received By: .)[ 4'Jb/} ~.., {",.// Rick Dickinson, Executive Director, Gr7Clter Dubuque Development Corporation, to give verbal progress report 'J d /J /J /~,1}:l /. .>' t'/. 7 r..~p:::V t"' f/ . Motion: Receive and File Report Ayes Nays Michalski Nicholson Robbins Buol Cline Duggan Markham 1 . . . 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 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; A.D. McDonald for property damage; and Aimee Wagner for vehicle damage. Suggested Disposition: Receive and File j)~ 111/ / !jy;J 'fIJ /3 I, Ayes Nays ,,/ Michalski ;,/ ~icholson / ,/ Robbins {} /~ & Buol 11/ - ,/ Cline / Duggan / Markham 2 . . . 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 Ayes Nays Michalski Nicholson Robbins Buol Cline Duggan Markham 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 Ayes Nays Michalski Nicholson Robbins Buol Cline Duggan Markham 3 I 0 /) . 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 Ayes Nays Michalski Nicholson Robbins Suol Cline Duggan Markham 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 Ayes Nays Michalski Nicholson Robbins Suol Cline Duggan Markham . 4 . . . 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 d82?~tn) 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 Ayes Nays Michalski Nicholson Robbins Buol Cline Duggan Markham 5 . . . 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 ciJff-tft) 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 Ayes Nays Michalski Nicholson Robbins Buol Cline Duggan Markham 6 . . . 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 J}--fCJ-#t) 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 Ayes Nays Michalski Nicholson Robbins Buol Cline Duggan Markham 7 . . . ,/). L1~) ~i~~~~Ya~~~dj'/-,?t1 Accepting deed to real estate from Robert D. Klauer and 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 Ayes Nays l f!) Michalski <" . J~Nicholson / Robbins J' Buol Cline Duggan Markham / / / / .j~ . jAil rf/ ~. ;1j~ J// /y. ~/~~1(;j j~;#1~_: u a/ 1-<)113 8 . . . 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 d??d/ - #0 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 ';?7:?.t9~ 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 Ayes Nays Michalski Nicholson Robbins Buol Cline Duggan Markham 9 . . . 17. Civil Service Commission Civil Service Commission certifying the eligibility lists for Lead Sanitation Driver and Police Chief. 18. Suggested Disposition: Receive and File; Make a Matter of Record Business Licen~ C3 9'..y--#fJ RESOLUTION "'Granting issuance of a permit to sell Cigarettes and Cigarette Papers to 10 City of Dubuque businesses. RESOLUTION ;?'7e:-cHl Granting Issuance of a Class "C" Beer Permit to Cedar Cross Amoco, Oky Doky Foods #14, Kwik Stop, and Oky Doky #15. RESOLUTION ,9j"~'-M 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 Ayes Nays Michalski Nicholson Robbins Buol Cline Duggan Markham 10 BOARDS/COMMISSIONS . Applicants are invited to address the Council to express their desire to serve on the following Boards/Commissions: /l/f/ Historic Preservation Commission: Christopher J. Wand (Architect/At Large) /' l' / Investment Oversight Commission: Paul Lassance, Hiram Melendez ",bnJl/' Plumbing Board.: Stanley G. Gonner (Master Plumber) - ft,ttJ,(/ Appointments to the following Boards/Commissions: Civic Center Commission: Gary Dolphin, Cynthia A. Fuller t/ ~/ ") Ayes Nays / lJ Michalski / Nicholson / rJRobbins / '. Buol / Cline / Duggan ,/ Markham /;/{J / . Housing Commission: David t. K..aP...'.e. r,/Dan Teply -_.........//' Ayes Nays /' Michalski ~, Nicholson / (/ Robbins if& ,/ Buol /' Cline I /'Duggan /Markham . .il{/ ) /1/./1< // C: / /(l'j' ". ) ,,/ , / ..1- , . if) AI( "" i/lyp '. / /,:;; ,11 /1 . /', )"'})1J/!/ / / eJ ?ransit Board of Trustees: Harry J. Bemis'/ ( TV Cable Regulatory Commission: Charlie Ellis / I " {~L.~cptt ~ 1 /(hj/1~) . 1 1 . . . Motino to Suspend the Rules to allow public input Ayes Nays Michalski Nicholson Robbins Buol Cline Duggan Markham PUBLIC HEARINGS 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 J//-tJP 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 J{.;r: readings 6/19/00) , ,{) il/l // ! ,),{t/ ""J. ;1 J Suggested Disposition: Receive and File; Motion II A"/" /'/tv/ 1;# 1(( ;f~jl'V IIV'//J {/)fv .if}! i /[, /' '/Y f'/', /fry!" ,/' 1<, I ,/11' / I /II/'.J ,,' '7YJv' !'jJ jF /' "1/ v J./~/ ~ ... I - < . . i, jj' n/j' /\( j' ,I' 1. Ayes V / Nays Michalski ~ Nicholson 1) Robbins f) Buol \_/ Cline Duggan Markham ,/ / / / ~~yes Nays / I (I) Michalski / :; . Nicholson / If ,/ (f!; Robbins / / d/;;I -j.() ~ .. ~~~~ i /', ;/J7)i / Duggan I /! - ,/" Markham l// i . / 12 2. Hillcrest Zoning 10 Amendment Proof of publication on notice of hearing to consider amending the ID Institutional District to add classrooms as a permitted use and allow the installation of a portable classroom. . ORDINANCE 56'-(70 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" . If I , ;/J ,1 '(/ tpr)'pytf 1 ,If) LI. I Ul ) IV (/ flY /, ,j/J. f / tV' ;4/ Ayes Nays " Michalski / Nicholson / Robbins / . (!) Buol / - Cline / Duggan / (i) Markham 1/U Ayes Nays Michalski Nicholson Robbins Buol Cline Duggan Markham . 13 \. ;J ) D ~> . h~ ~v IV rf . ~ It~ f .p/ p(y ( ~ i~A, ,~ f f >o~ IIJ( ~~y .~y ",/ \ ii~l ~lf I F AI if ~ }I( ..V fI ~p h ~( 1.~fr. II}!! \ ~ \ , / \ JI > rfl-' I L , xV ,\r I . ~", r.J ( Ii ^~y f' v :jJY' (if .' j 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 and 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 C~dinances by reclassifying hereinafter described property located along U.S. Highway 20 west of Westside 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" A" . ()/i?/J fr~17/1Y It1 [f" Ayes Nays / Michalski / f/~.::2' Nich~lson/ [9 Robbins /' /jl Buol / (,'/ Cline./ / Duggan" Markham v/ rb Ayes Nays Michalski Nicholson Robbins Buol Cline Duggan Markham . ~)~ . )~JllJ: // ~ 1/;/ );V / !, I}{/} . /t/illtf~rf:1 Jf / . ) //. .' ;};. )... (. .11. )-. i.'. lrlll I t,jj .' / 11/ /). /......'" ) .' (J /itA rI' j/'rW . jf' n. ;1' 4t;f? i)1- ,:; j)/ ,J l' J/ j/pf} G) . (J/ )Jfi) V#4f (J (If r/ /;1v~. J! ;If .;)? jP ,1,/ / r j/ft! /;/0 { f,i~ !() /2~V0 ' /l/ (, J /1'1 /Y'./ '1/ / / ~ dI;;u'1 ./'/1'17> & ./ J /I' "1'1 /;1<1. ~y /,; 11# r I ! /1 JlI/ ff 14 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. 7 RESOLUTION c99~"t:'lJ Adopting Plans and Specs for project. ~ RESOLUTION d'7~..t?tJ Awarding Contract for project to School Specialty in the amount of $166,155. Suggested Disposition: Receive and File Communication; Adopt Resolutions . Ayes Nays ~/ Michalski ;/ 6) Nicholson / Robbins O ,/ 1j1 Buol /, / .. (1/ ) /. Cline ./ Duggan i/ Markham Ayes Nays Michalski Nicholson Robbins Buol Cline Duggan Markham . 15 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. 9 RESOLUTION CJ'1'?-tnJ Adopting plans and specs for project. ;30-0 RESOLUTION ~~t:'tJ Awarding contract for project to Kluck Construction in the amount of $68,000. . Suggested Disposition: Receive and File Communication; Adopt Resolutions Ayes l-/ t/ :/ / ./ / Nays Michalski ()) Nicholson -' Robbins Buol Cline Duggan (j) Markham / . . Ayes Nays Michalski Nicholson Robbins Buol Cline Duggan Markham . 16 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 .3d--tJt} 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 /) " ' /. , / Ayes Nays ,/ Michalski y' / () Nicholson ./ - Robbins / f) Suol / " Cline / Duggan Markham ,I . Ayes Nays Michalski Nicholson Robbins Suol Cline Duggan Markham . 17 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 ~,j-{JtJ 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 Ayes Nays ~/ Michalski :/ Nicholson / (jJ) Robbins ,/ . Buol / Cline .. / Duggan / 6) Markham . Ayes Nays Michalski Nicholson Robbins Buol Cline Duggan Markham . 18 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 :3O.ftfi/ Awarding contract for project to Tschiggfrie Excavating in the amount of $823,841.89. . Suggested Disposition: Receive and File Communication; Adopt Resolutions / () /' / Ayes Nays t/ Michalski J / Nicholson@J /. ~ Robbins / c' Buol / Cline / Duggan / {) Markham . Ayes Nays Michalski Nicholson Robbins Buol Cline Duggan Markham . 19 REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL . Ayes Nays 1./ Michalski ./ (?J Nicholson v , -' Robbins /\ / e) Buol '" -' (i . " /' I' , i ' Cline / / / Duggan / Markham " 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 5~~t/t? Authorizing Michael J. Koch to construct a projecting sign at 543 West 8th Street. Suggested Disposition: Receive and File Communication; Motion "B"; Motion "A" Ayes Nays . ~/ Michalski 6/0 .~ Nicholson .,,-" Robbins ,/ @Buol / Cline / Duggan '" (€-Markham COUNCIL MEMBER REPORTS . 10/ /I{.'i'V;). I' 6/ " 1/1/ /1/1 r /A /(,/ Jill 'I'. 1 (j, i /;.' I /! ~ !j/~ -, Iv //111 ,.I I I~; ,1/ ~" i/ { i P'" e)1 .' I~/V //' /}, k // I~") r. " / / \ 0#.. it I" . j{' I () . .. IV v' /}; V ~ 1t; D V C; "..i) t 1/ },j} () y.."'/' j'/' c 20 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. #,5 RESOLUTION .:3~g~t:Pt1 Preliminary approval of plans and specs for project in estimated amount of $5,000,000. RESOLUTION 3t:1#h Fixing Date of Hearing on plans and specs for August 7, 2000. RESOLUTION :3(2~-k Ordering Bids and directing Clerk to advertise. Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 8/7/00 . Ayes 1./ /. / (,i / ./ Nays Michalski ~Nicholson .. Robbins (j) Buol - Cline Duggan Markham // Ayes Nays Michalski Nicholson Robbins Buol Cline Duggan Markham . 21 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 :3C?/c[; Preliminary approval of plans and specs for project in esti mated amou nt of $1 62,880.62. RESOLUTION :3oJ.Jc; Fixing date of hearing on plans and specs for August 7, 2000. . RESOLUTION /0 .3~-c:9{J of Necessity. 4t'11 :3~--l9tJ Fixing date of hearing on Resolution of Necessity. -dIP ~,c:9t? Approving preliminary schedule of assessments. RESOLUTION RESOLUTION Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 8/7/00 . /) / () Ayes Nays ,/ ({) Michalski / Nicholson / (3) Robbins ./ . / . Buol " / Cline / Duggan / Markham Ayes Nays Michalski Nicholson Robbins Buol Cline Duggan Markham . 22 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. d1j RESOLUTION 3#tflJ Preliminary approval of plans and specs for project in estimated amount of $160,043.46. 41/.1 RESOLUTION :3.$~c?tJ Fixing Date of Hearing on plans and specs for August 7, 2000. /5 RESOLUTION ;3//~ Ordering Bids and directing Clerk to advertise. . Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 8/7/00 Ayes Nays / Michalski . I @ Nicholson / Robbins / / (j) Buol ,/ ,/ Cline / Duggan ,/ Markham . Ayes Nays Michalski Nicholson Robbins Buol Cline Duggan Markham . 23 " ~ I ~ ~'.yJ \1 , t d\ ,\~ hI .~' .\'G \y. (j, ~O JJ ~ , i! . Ii' I ,,: ~\ ~ l-'\' ,~' . U' ,\. II . ~\J j I ,/ ~. ~~ 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. Motion to go into closed session g.' I ~ Ayes :; ~ / / / Nays Michalski Nicholson Robbins Buol Cline Duggan Markham .,// Time: Purchase of Real Estate (Iowa Code ~21.5(1 )(j) Pending Litigation (Iowa Code ~21,5(1 )(c) . Motion to reconvene and adjourn at ~~ Ayes Nays Michalski Nicholson ~' :~~~ins Cline \$ Duggan Markham t,O . 24 . CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, Wednesday, July 5, 2000 Council Met in Regular Session at 6:30 P.M., in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. The invocation was given by Sr. Inez Turnmeyer, Director of St. Mark Community Center. PROCLAMATIONS: John Mauss Day (July 7, 2000) received by Police Chief John Mauss; Recreation and Parks Month (July) received by Recreation Division Manager; and Apples for Students (July 8 - 23, 2000) received by Sr. Inez Turnmeyer, of St. Mark Community Center. Rick Dickinson, Executive Director, Greater Dubuque Development Corporation, gave a verbal . progress report. Minutes Submitted: 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, upon motion received and filed. Printed Council Proceedings for March, 2000, upon motion approved as printed. 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, upon motion received and filed. 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, upon motion referred to the Legal Staff for investigation and report. 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; A.D. McDonald for property damage; and Aimee Wagner for vehicle damage, upon motion received and filed. . 1 Corporation Counsel recommending that the claims of Thomas Buelow for property damage, and Craig and Deb Wurdinger for vehicle damage be denied, upon motion received and filed and concurred with recommendation. 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, upon motion received and filed and concurred with recommendation and Finance Director to issue proper check. Corporation Counsel recommending that the claim of Barbara Freund for a sewer backup be received and filed and forwarded to proper personnel, upon motion received and filed and concurred with recommendation. Communication from Tara Winger regarding various issues, upon motion received and filed. Communication of Cletus J. Winter regarding the Clarke Drive repaving project, upon motion received and filed. 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 ~he annual Music on the March Program on Dalzell Field, upon motion received and filed and concurred with request. 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, upon motion received and filed and referred to the City Manager. Communication from the State Historical Society of Iowa advising that Four Mounds has been accepted for nomination to the National Register of Historic Places, upon motion received and filed. Communication from the Iowa Utilities Board expressing gratitude for the comments received on the proposed 319 area code changes, upon motion received and filed. 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, upon motion received and filed. Buol moved adoption of Resolution No. 288-00 Appointing Physician Medical Directors for the City of Dubuque Fire Department's Advanced Emergency Medical Care Ambulance Service. Seconded by Nicholson. --Motion carried 7-0. 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 2 . . . Acquisition and Clearance, upon motion received and filed. Buol moved adoption of Resolution No. 289-00 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. Seconded by Nicholson. Motion carried 7-0. City Manager recommending submittal of the update for the Fiscal Year 2001 REAP Plan for Dubuque County, upon motion received and filed. City Manager recommending submission of a REAP grant application to the Iowa Department of Natural Resources for construction of the Granger Creek Nature Trail, upon motion received and filed. Buol moved adoption of Resolution No. 290-00 Application to the Iowa Department of Natural Resources for a REAP Grant for the Granger Creek Nature Trail at the Dubuque Technology Park. Seconded by Nicholson. Motion carried 7-0. Historic Preservation Commission submitting the Revised Survey Report on Architectural/Historical Resources for Council review/comment, upon motion received and filed. Michalski moved adoption of Resolution No. 291-00 Accepting deed to real estate from Robert D. Klauer and Livija Klauer. Seconded by Nicholson. Motion carried 7-0. Communication from Tom Stovall, Executive Director, Operation: New View, requesting a letter of support for their HAWK-I Outreach Pilot Grant application, upon motion received and filed and approved a letter of support. 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 Arteria!), from John F. Kennedy Road to U.S. 52, upon motion received and filed. Buol moved adoption of Resolution No. 292-00 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-. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed. Buol moved adoption of Resolution No. 293-00 Authorizing execution of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development. Seconded by Nicholson. Motion carried 7-0. Civil Service Commission certifying the eligibility lists for Lead Sanitation Driver and Police Chief, upon motion resolved to make this a matter of record. 3 Buol moved adoption of Resolution No. 294-00 Granting issuance of a permit to sell Cigarettes and Cigarette Papers to 10 City of Dubuque businesses; Resolution No. 295-00 Granting Issuance of a Class /lC" Beer Permit to Cedar Cross Amoco, Oky Doky Foods #14, Kwik Stop, and Oky Doky #15; Resolution No. 296-00 Granting Issuance of a Class /lC" Beer/Liquor License to Madhatters, Bodine's, Airport Inn, Fischer Lanes, Dubuque Five Flags, Walnut Tap, and Fat Tuesdays. Seconded by Nicholson. Motion carried 7-0. 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). Mr. Wand spoke requesting consideration for appointment. Investment Oversight Commission: Paul Lassance, Hiram Melendez. No one spoke. Plumbing Board: Stanley G. Gonner (Master Plumber). No one spoke. APPOINTMENTS to the following Boards/Commissions: CIVIC CENTER COMMISSION: Gary Dolphin, Cynthia A. Fuller. Upon motion Gary Dolphin and Cynthia Fuller reappointed to the Civic Center Commission for three year terms which will expire 6-29-03. HOUSING COMMISSION: David J. Kapler, Dan Teply. Upon vote David Kapler appointed to an unexpired three year term which will expire 8-17-01. TRANSIT BOARD OF TRUSTEES: Harry J. Bemis. Upon motion Harry Bemis reappointed to a three year term which will expire 7-30-03. TV CABLE REGULATORY COMMISSION: Charlie Ellis. Upon motion Charlie Ellis reappointed to a three year term which will expire 6-30-03. Upon motion it was resolved to suspend the rules to allow anyone present to address the Council if they so desire. 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, upon motion received and filed. Tom Prohaska of Klauer Manufacutring spoke in support of the rezoning. Ordinance No. 54-00 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, with first and second readings given on 6/19/00, now presented for final action. Buol moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7-0. Proof of publication on notice of hearing to consider arTl"ending the 10 Institutional District to add classrooms as a permitted use and allow the installation of a portable classroom, upon motion received and filed. Jim Unsen of Hillcrest Family Services spoke in support of the 4 '~,jl~S.,"",.... .,.",._~~"""'~~n~~,'.,.';- "... -'~~'''' :<&_;';;I..-.-...~...&""":-:7;~"<~"'----~' ~...:;;l';;L,_ -~~~ . . . amendment. Ordinance No. 55-00 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, with first and second readings given on 6/19/00, now presented for final action. Suol moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. 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 and Wholesale District to PUD Planned Unit Development District with a PC Planned Commercial designation to allow for development of a new Menard's store, upon motion received and filed. Tom O'Neill for Menard spoke in support of this request. An 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 Westside 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., with first and second readings given on 6/19/00, now presented for final action. Suol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Vote on the motion was as follows: Yeas--Nicholson. Nays--Suol, Cline, Duggan, Markham, Michalski, Robbins. MOTION FAILED. 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, and communication from Country Roads, Inc., regarding the Dubuque Five Flags Arena Seat Replacement Project and response from Corporation Counsel Sarry Lindahl, upon motion received and filed. Suol moved adoption of Resolution No. 297-00 Adopting Plans and Specs for project and Resolution No. 298-00 Awarding Contract for project to School SpeCialty in the amount of $1 66, 155. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed. Markham moved adoption of Resolution No. 299-00 Adopting plans and specs for project and Resolution No. 300-00 Awarding contract for project to Kluck Construction in the amount of $68,000. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed. Suol moved adoption of Resolution No. 301-00 Adopting plans and specs for project and Resolution No. 302-00 Awarding contract for project to Kluck Construction in the amount of $262,600. Seconded by Nicholson. Motion carried 7-0. 5 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, upon motion received and filed. Markham moved adoption of Resolution No. 303-00 Rescinding Resolution No. 261-00 Preliminary Approval of Plans and Specifications for construction of the parking lot at Third and Main Streets. Seconded by Robbins. Motion carried 7-0. 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, upon motion received and filed. Markham moved adoption of Resolution No. 304-00 Awarding contract for project to Tschiggfrie Excavating in the amount of $823,841.89. Seconded by Nicholson. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to Council. Communication of City Manager recommending approval of a projecting sign in the public right-of-way at 543 West 8th Street (Michael J. Koch), upon motion received and filed. Ordinance No. 56-00 Authorizing Michael J. Koch to construct a projecting sign at 543 West 8th Street, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. 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 and communication of Brian J. Kane, Counsel for The Fischer Companies, regarding the design of the Third Street Parking Ramp, and communication of P.S. Vedi, Architect for the project, responding to concerns expressed by the Fischer Companies, upon motion received and filed. Buol moved adoption of: Resolution No. 305-00 Preliminary approval of plans and specs for project in estimated amount of $5,000,000; Resolution No. 306-00 Fixing Date of Hearing on plans and specs for August 7, 2000 at 6:30 p.m. and directing City Clerk to publish notice in the manner prescribed by law; Resolution No. 307-00 Ordering Bids and directing Clerk to advertise. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed. Michalski moved adoption of: Resolution No. 308-00 Preliminary approval of plans and specs for project in estimated amount of $162,880.62; Resolution No. 309-00 Fixing date of hearing on plans and specs for August 7, 2000 at 6:30 p.m. in the Public Library Auditorium and direct the City Clerk publish notice in the manner prescribed by law; Resolution No. 310-00 Resolution of Necessity; Resolution No. 311-00 6 . r, ...-we ~,~ .. . -.,...,-, ." ..<_,'. T'\....~-"-" ,..----." ~""..... . . . . Fixing date of hearing on Resolution of Necessity; Resolution No. 312-00 Approving preliminary schedule of assessments. Seconded by Robbins. Motion carried 7-0. 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, upon motion received and filed. Buol moved adoption of: Resolution No. 313-00 Preliminary approval of plans and specs for project in estimated amount of $160,043.46; Resolution No. 314-00 Fixing Date of Hearing on plans and specs for August 7, 2000 at 6:30 p.m. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law; Resolution No. 315-00 Ordering Bids and directing Clerk to advertise. Seconded by Nicholson. Motion carried 7-0. Dan Walsh, Director of Government and Business Affairs for the Chamber of Commerce, spoke stating he is looking forward to working the City Council. At 8: 14 P.M. upon motion it was resolved to go into Closed Session re: Purchase of Real Estate (Iowa Code ~21.5(1)(j) and Pending Litigation (Iowa Code ~21.5(1 )(c). At 8:51 P.M. Council reconvened Regular Session stating that Staff had been given proper direction. There being no further business, upon motion meeting adjourned at 8:52 P.M. Jeanne F. Schneider City Clerk 1t 7/12 7