09 05 00 Agenda
AGENDA
DUBUQUE CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 5, 2000
6:30 P.M.
INVOCA TION
REVEREND ROBERT WEINHOLD, PASTOR, ST. PAUL LUTHERAN CHURCH
MAYOR DUGGAN TO SWEAR IN MAYOR PRO-TEM JOHN MARKHAM
PROCLAMA TIONS
SUPPORTING THE DRAGON BOAT FESTIVAL (SEPTEMBER 8,9, 10,2000)
ASSISTED LIVING WEEK (SEPTEMBER 10 - 16, 2000)
AWARENESS DAY FOR A-T (SEPTEMBER 16, 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
Applicants are invited to address the Council to express their desire to serve on the
following Boards/Commissions:
Zoning Board of Adjustment: Frederick R. Beeler, Fred Freebolin
Appointments to the following Boards/Commissions:
Airport Commission: R. J. Blocker, Teri Goodmann, Don Hedeman, Nancy Ann Helling
TV Cable Teleprogramming Commission: Jennifer Tigges
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PUBLIC HEARINGS
SUSPEND THE RULES
1. 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
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. X
Suggested Disposition: Receive and File; Motion B; Motion A
2. Salina Street Reconstruction Project _
Proofs of publication on notice of hearing on plans and specifications and notice to
bidders on the receipt of bids for the Salina Street Reconstruction Project.
RESOLUTION Adopting plans and specifications for projectX
RESOLUTION With respect to the adoption of the Resolution of Necessity proposed
for the Salina Street Reconstruction Project.X
Suggested Disposition: Receive and File; Adopt Resolutions
3. Eagle Point Water Plant - Chlorine Feed Room Expansion Project
Proofs of publication on notice of hearing on plans and specs and notice to bidders
on the receipt of bids for the Eagle Point Water Plant Chlorine Feed Room
Expansion Project.
City Manager recommending that the Resolution approving the preliminary plans
and specs be rescinded and that the bids be rejected.
RESOLUTION Rescinding Resolution No. 375-00 Preliminary approval of plans and
specifications for construction of the Chlorine Feed Room at the Eagle Point Water
Plant 41~-t)\J
Suggested Disposition: Receive and File; Adopt Resolution
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4. Bennett Street Storm Sewer Extension Project
Proofs of publication on notice of hearing on plans and specifications and notice to
bidders on the receipt of bids for construction of the Bennett Street Storm Sewer
Extension Project and City Manager recommending to award contract for project.
RESOLUTION Adopting plans and specifications for project. 414-b\)
RESOLUTION Awarding contract for project to Royal Oaks Excavating in the
amount of $26,557.65. 4'l.5-tl\)
Suggested Disposition: Receive and File; Adopt Resolutions
5. Discovery Center Parking Lot Project
Proofs of publication on notice of hearing on plans and specifications and notice to
bidders on the receipt of bids for the Mississippi River Discovery Center Parking Lot
Pavement Removal Project and City Manager recommending to award contract for
project.
RESOLUTION Adopting plans and specifications for project 41~{)a
RESOLUTION Awarding contract for project to McDermott Excavating in the
amount of $12,746.25.l.\1l-t)t)
Suggested Disposition: Receive and File; Adopt Resolutions
REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL
ACTION ITEMS
1. Iowa Department of Transportation
Communication from the Iowa Department of Transportation clarifying their request
for a development moratorium in the Southwest Arterial Corridor.
Communication from City Manager to the Iowa Department of Transportation
asking for clarification of their request for a development moratorium.
Communication from the Iowa Department of Transportation requesting a
development moratorium.
Suggested Disposition: Receive and File; Council Direction
2. 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; Council Direction
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3. Long Range Planning Commission
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 ~q -(')0
Suggested Disposition: Motion A - Final Consideration (First and Second Readings
on August 7 and August 21, 2000)
4. Board ot Health Dissolution
ORDINANCE 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.l0 -DC)
Suggested Disposition: Motion A - Final Consideration (First and Second Readings
on August 7 and August 21, 2000)
5. Proposed Ordinance - Increasing Fines tor Code Violations
City Solicitor William G. Blum submitting an ordinance amending the Code of
Ordinances by increasing the fine for a Code of Ordinance violation.
ORDINANCE Amending the City of Dubuque Code of Ordinances Section 1-8
"General Penalty" by increasing the fine for a Code of Ordinance violation to a sum
not to exceed five hundred dollars ($ 500) 11-bD
Suggested Disposition: Receive and File; Motion B; Motion A
6. Stop Sign - James Street
City Manager recommending the addition of a stop sign on James Street at
Langworthy Street.
ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by
modifying Subsection (b) of Section 32-214 thereof providing for the addition of a
stop sign on James Street at Langworthy Street.l2.-DC)
Suggested Disposition: Receive and File; Motion B; Motion A
7. Right-ot-Way Encroachment - Projecting Sign at 1169-1179 Iowa Street
City Manager recommending approval of a request from Jojanaro Investments to
install a projecting sign at 1168-11 79 Iowa Street.
ORDINANCE Authorizing Jojanaro Investments to construct a projecting sign at
1169-1179 Iowa Street 13-DO
Suggested Disposition: Receive and File; Motion B; Motion A
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8. Right-of-Way Encroachment - Projecting Sign at 1824 Central Avenue
City Manager recommending approval of a request from Pfohl Investment to install
a projecting sign at 1824 Central Avenue
ORDINANCE Authorizing Pfohl Investment to construct a projecting sign at 1824
Central Avenue 74~t~
Suggested Disposition: Receive and File; Motion B; Motion A
9. Neighborhood Grant Process
City Manager recommending approval of a revised Neighborhood Grant Program.
Suggested Disposition: Receive and File; Approve
10. Historic Preservation Initiatives
Communication from the Historic Preservation Commission submitting proposed
historic preservation incentives for review and evaluation.
Suggested Disposition: Receive and File; Council Direction
11. Operation: New View Representative
City Council appointment of Council Member Patricia Cline as the City's
representative on the Operation: New View Board (currently Council Member
Nicholson) .
Suggested Disposition: Council Appointment
COUNCIL MEMBER REPORTS
ITEMS TO BE SET FOR PUBLIC HEARING
1 . Five Flags Center Lavatory Stations Replacement Project
City Manager submitting" documents providing for initiation of the Five Flags Center
Lavatory Stations Replacement Project.
RESOLUTION Preliminary approval of plans and specifications in estimated amount
of $45,500. 41~)tJ\)
RESOLUTION Fixing date of hearing on plans and specifications for October 2,
2000 l\'tq -Dtl
RESOLUTION Ordering bids and directing Clerk to advertise 4'2>\)-00
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 10/2/00
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2. Villa Street Retaining Wall Reconstruction
City Manager submitting documents providing for the Villa Street Retaining Wall
Reconstruction Project.
RESOLUTION Preliminary approval of plans and specifications in estimated amount
of $1 04,500. ~~\-\)IJ
RESOLUTION Fixing date of hearing on plans and specifications for September 18,
2000.l\ol-C\)
RESOLUTION Ordering bids and directing Clerk to advertise ~ 53-DO
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 9/18/00
3. 2000 Sidewalk Assessment - Center Grove/Cedar Cross Road/Emassy West Drive
City Manager submitting documents providing for construction of the 2000
Sidewalk Assessment (Center Grove/Cedar Cross Road/Embassy West Drive)
Project.
RESOLUTION Preliminary approval of plans and specifications in estimated amount
of $300,509.81 42>q -~\)
RESOLUTION Fixing date of hearing on plans and specifications for October 2,
2000 4 ~o -(jtJ
RESOLUTION Preliminary approval of Resolution of Necessity 4 ?>l9-0C'l
RESOLUTION Setting hearing on resolution of Necessity for October 2, 2000 X
RESOLUTION Approval of preliminary estimated assessments for project ~ ~l- ot)
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 10/2/00
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4. Police Department Block Grant Funds for Calendar Year 1999
City Manager recommending that a public hearing be scheduled for September 18,
2000, to consider the expenditure of Police Department 1999 Block Grant Funds.
Suggested Disposition: Receive and File; Set Public Hearing for 9/18/00
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5. Bond Sale to Support Third Street Parking Ramp and Airport T -Hangars
City Manager recommending that a public hearing be set for September 18, 2000
to consider the sale of General Obligation Bonds to support construction of the
Third Street Parking Ramp ($5,600,000) and Airport T-Hangars ($690,000).
RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to
exceed $690,000 General Obligation Bonds (for an Essential Corporate Purpose) of
Dubuque, Iowa, and providing for publication of notice thereof. 43~-OO
RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to
exceed $5,600,000 General Obligation Bonds (for an Essential Corporate Purpose)
of Dubuque, Iowa, and providing for publication of notice thereof. 4;)q -OD
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9/18/00
6. Fiscal Year 2001 Budget Amendment
City Manager recommending that a public hearing be set for September 18, 2000
to consider an amendment to the Fiscal Year 2001 Budget.
RESOLUTION Directing the City Clerk to publish proposed amendment to the Fiscal
Year 2000 budget and date of public hearing. 44D-t)\)
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9/18/00
CONSENT ITEMS
1 . Minutes Submitted
Electrical Code Board of 8114; Five Flags Commission of 7/24 and 8/21; Human
Rights Commission of 711 0; Library Board of Trustees of 7/27; Long Range
Planning Advisory Commission - Downtown Planning Committee of 8/14; Plumbing
Board of 8/22; Zoning Board of Adjustment of 7/27
Proof of Publication of Council Proceedings for ~etings of July 31, August 7, 14,
and 17; List of Claims and Summary of Revenues for Month Ending June, 2000.
Investment Oversight Commission submitting the 29th Quarterly Report, and the
Civic Center Commission's Fiscal Year 2000 Year-End Report.
2. Notice of Claims/Suits
Patrick A. Konsen in estimated amount of $800 for vehicle damage and Diane
Wertz in estimated amount of $1,045.07 for vehicle damage.
Suggested Disposition: Receive and File; Refer to Legal Dept for Investigation
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Corporation Counsel advising the following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool:
Mary Harkey for reimbursement of medical expenses, and Beth A. Miller for sewer
backup damage.
Corporation Counsel recommending denial of the vehicle damage claim of David G.
Hennessy, the vehicle damage claim of Donald Kohl, and the vehicle damage claim
of Tracy Ploessl.
Corporation Counsel advising that the claim of Richard S. Hillard for vehicle damage
has been forwarded to the Dubuque Jaycees for handling.
Suggested Disposition: Receive and File; Concur
Corporation Counsel recommending settlement of the truck damage claim of Greg
Swartz in the amount of $100.27 and directing the Finance Director to issue
payment.
Suggested Disposition: Receive and File; Approve Settlement
3. Dock Division Manager
ORDINANCE Amending the City of Dubuque Code of Ordinances by changing the
reference in Sections 10-23, 10-24, and 10-38 from "Dock Division Manager" to
"City Manager". {L(kuC>
Suggested Disposition: Motion A - Final Adoption (1 st and 2nd Readings on 8/7/00
and 8/21/00)
4. Iowa Department of Economic Development
Communications from the Iowa Department of Economic Development regarding
the City's Local Housing Assistance Program Applications #01-LHAP-002 and #01-
LHAP-003.
Suggested Disposition: Receive and File
5. Worker Adjustment and Retraining Notification Act (WARN)
Notice of Warn Act from The Sinsinawa Dominicans stating that the services
provided at St. Dominic Villa in Dubuque are being transferred to a new facility at
the Mother House in Wisconsin.
Suggested Disposition: Receive and File
6. Usage Agreement with the Dubuque Fighting Saints
City Manager recommending approval of the Five Flags usage agreement with the
Dubuque Fighting Saints for the upcoming season.
Suggested Disposition: Receive and File; Approve Agreement
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7. Recreation Infrastructure Grant Application
City Manager recommending support of a grant application that the Dubuque Girls
Independent League will be submitting to the Iowa Department of Natural
Resources (IDNR) for Recreation Infrastructure funding for the Riprow Valley
Recreational Area.
RESOLUTION Supporting a grant application for Iowa Department of Natural
Resources Recreation Infrastructure Funds for the Riprow Valley Recreational Area ~ \ In-DO
Suggested Disposition: Receive and File; Adopt Resolution
8. Dubuque Industrial Center West - Acceptance
City Manager recommending acceptance of Dubuque Industrial Center West
Grading, Paving and Utilities Phase I Project as completed by McAninch
Construction Company in the final amount of $5,622,265.19.
RESOLUTION Accepting improvement for project Y \ l-btJ
RESOLUTION Approving final estimate in amount of $5,662,265.19. 41~ -(j 0
Suggested Disposition: Receive and File; Adopt Resolutions
9. Fifth Street Reconstruction Project
City Manager recommending to award the contract for the Fifth Street
Reconstruction Project to Portzen Construction in the amount of $194,853.15.
RESOLUTION Awarding contract to Portzen Construction in the amount of
$194,853.15.4 \ q _~\)
Suggested Disposition: Receive and File; Adopt Resolution
10. Dubuque Girls Independent league
City Manager submitting letter of support for the Dubuque Girls Independent
League and their Riprow Valley Recreation Area development project.
Suggested Dispositin: Receive and File; Approve letter of Support
11. Communication with Iowa Congressional Delegation
City Manager recommending City sponsorship of communcations to the Iowa
Congressional delegation in support of legislation to assist Section 8 households at
risk of loss of housing due to expiration of existing project-based HUD contracts.
Suggested Disposition: Receive and File; Approve
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12. Liquor License Transfer
Request of Phillip Love to transfer The Lounge liquor license, LC13969, to Miller
Riverview Park for the Dragon Boat races on September 9, 2000.
Suggested Disposition: Receive and File; Approve Request
13. Cigarette License Refund
Sharon A. Eickhorn, Oky Doky #5, requesting a refund of Cigarette License #00
4511, in the amount of $75.00
Suggested Disposition: Receive and File; Approve
14. Business Licenses
RESOLUTION Granting issuance of a permit to sell Cigarettes and Cigarette Papers
to Midway Hotel/Hoffman House 42~-\)()
RESOLUTION Granting issuance of Class "C" Beer Permit to Rainbo Oil Company
(Kwik Stop at 2255 Kerper Blvd) 41\-t}\j
RESOLUTION Granting issuance of Class "C" Beer/Liquor Permit to Lucky 13 Tap
and Main Street Caboose ~ 1. '2. - {) ~
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
Pending Litigation and Property Acquisition (Iowa Code 921.5(1 )(c)(j)
Jeanne F. Schneider
1 :00 p.m.
August 31, 2000
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