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10 02 00 Agenda '~~ . , AGENDA DUBUQUE CITV COUNCIL MEETING MONDA V, OCTOBER 2, 2000 6:30 P.M. INVOCATION Alan Garfield, Member of Temple Beth-EI PROCLAMATIONS White Cane Safety Day (October 15, 2000) CONSENT ITEMS (SEE PAGES 7-11) 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, pleas~ 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: Environmental Stewardship Advisory Commission: David B. Czarnecki APPOINTMENTS to the following Boards/Commissions: ,,- Environmental Stewardship Advisory Commission: Brianna Tully Housing Commission (Section 8 Representative): Jeremy Austin; Joe Hopkins Communication of Jeremy Austin regarding his appointment Communication of Carleen Schroeder regarding the appointment of Joe Hopkins Investment Oversight Commission: Charles Spielman 1 "'ft'~_'" ...........", ______ __ u. ORDER OF ROLL CALL FOR MEETING OF 10/2/00 BUOL CLINE DUGGAN MARKHAM MICHALSKI NICHOLSON ROBBINS " . , PUBLIC HEARINGS SUSPEND THE RULES 1. 2000 Sidewalk Assessment Project (Center Grove/Cedar Cross Road/Embassy West Drive) Proofs of publication on notice of hearing on plans and specifications and notice to property owners, and City Manager recommending approval of the project and an amended schedule of assessments. Objections to the 2000 Sidewalk Assessment Project from: Thomas J. Hamel; Gary Pfab; Maxine and Burt Steve; John Van Duyn (Best Western Dubuque Inn); Richard Hansel; Merlin and Mary Merfeld; Jim Giesemann; John and Sally Herrig; Larry and Roberta Wolff; Gregory A. Bastian and John T. Dunakey (Chicago Central and Pacific Railroad); Ken Haugen (Olive Garden); Hughes Court Investment Company; petition containing 12 signatures; petition containing 8 signatures. (This is 100% of property owners objecting to the project.) l\ ll'.C\('; RESOLUTION Adopting plans and specifications 1-11\ "C\\ RESOLUTION Ordering bids l\1 (. .r\.\ \ REsoLtn'lON With respect to the adoption of the Resolution of Necessity proposed for the 2000 Sidewalk Assessment -. Center Grove/Cedar Cross Road/Embassy West Drive Suggested Disposition: Receive and File; Adopt Resolutions (Requires unanimous vote to approve) 2. Conceptual Development Plan - Menard Inc. -- Tabled at Meeting of 9/5/00 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. Communication of Thomas W. O'Neil, Menard, Inc., stating that they !lave additional information available for the requested rehearing. '/\ 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. Suggested Disposition: Motion to Remove from Table; Receive and File; Motion B; Motion A 2 3. Triple J. Land Company Rezoning Proof of publication on notice of hearing to consider rezoning property located at 2155 Rockdale Road from R-3 Moderate Density Multi-Family Residential District to OS Office Service District. .111-r,fv ORDINANCE Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2155 Rockdale Road from R-3 Moderate Density Multi-Family Residential District to OS Office Service District, with conditions Suggested Disposition: Receive and File; Motion B; Motion A 4. Bond Sale to Support Additional Airport T -Hangars Proof of publication on notice of public hearing and communication of City Manager recommending the issuance of $690,000 for renovation and construction of additional Airport T-Hangars. L!\l'2 - ~l f\ ...) ..;\., RESOLUTION Instituting proceedings to take additional action for the issuance of not to exceed $690,000 General Obligation Bonds Suggested Disposition: Receive and File; Adopt Resolution 5. Sutton Pool Water Playground Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids for construction of the Sutton Pool Water Playground and City Manager recommending that the one bid received be rejected. Llll\ -tC, RESOLUTION Rescinding Resolution #413-00 Preliminary approval of plans and specifications for Sutton Pool Water Playground Construction Project Suggested Disposition: Receive and File; Adopt Resolution 6. Five Flags Lavatory Stations Replacement Project Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids for the Five Flags Lavatory Stations Replacement Project and City Manager recommending to award contract for project. ;11r:<"r '\ 0 \. '-' RESOLUTION Adopting plans and specifications for project Y I \1. -C C RESOLUTION Awarding contract for project to Klauer Construction Company in the amount of $38,959 Suggested Disposition: Receive and File; Adopt Resolutions REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL 3 ACTION ITEMS 1 . Alta Place - Stop Signs City Manager recommending the installation of stop signs at the intersections of Alta Place and Decorah Street and Alta Place and Delaware Street. ll-Nj 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 stop signs on Alta Place at Decorah Street and Delaware Street Suggested Disposition: Receive and File; Motion B; Motion A 2. Jackson Street - Two-Hour Parking City Manager recommending the creation of a "Two Hour Parking" Zone on the east side of Jackson Street from Milwaukee Street to Ruby Street in response to a petition from business owners. 11,-'00 ORDINANCE Amending Section 32-362 of the Code of Ordinances of the City of Dubuque, Iowa, providing for two-hour parking by adding certain portions of Jackson Street Suggested Disposition: Receive and File; Motion B; Motion A 3. Amendment to Section 32 of the Code of Ordinances of the City of Dubuque City Manager recommending an amendment to Sections 32-311 and 32-314 of the City of Dubuque Code of Ordinances to remove three lots from the parking system and adding two new lots. lC\-tC ORDINANCE Amending the City of Dubuque Code of Ordinances Section 32-311 designating municipally owned parking lots by removing specific lots; amending Section 32-312 Meters - Installation Authorized and Directed; and amending Section 32-314 Establishing Meters - Time and Fee Schedule for Municipal Lots by removing the meter time and fee sched~le for specific lots Suggested Disposition: Receive and File; Motion B; Motion A 4. Expanded Parking Meter District City Manager recommending an amendment to Section 32-336 of the Code of Ordinances to expand the existing meter district to include the east side of Bluff Street from 7th Street to 8th Street. OR~~NCE Amending the City of Dubuque Code of Ordinances Section 32-336 establishing the municipal parking meter district by including both sides of Bluff Street from 3rd Street to 8th Street Suggested Disposition: Receive and File; Motion B; Motion A 4 5. NLC Delegate City Council to appoint a voting delegate for the National League of Cities' Congress of Cities in December. Suggested Disposition: Council Appointment ITEMS TO BE SET FOR PUBLIC HEARING 1 . Salina Street Reconstruction City Manager submitting documents providing for the reconstruction of Salina Street. l\llfli RESOLUTION Fixing date of hearing on plans and specs for November 6, 2000 1.\ l6 tD RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 11/6/00 2. Pine Street - Request to Vacate City Manager recommending that a public hearing be set for October 16, 2000 to consider a petition to vacate a portion of Pine Street. RE~~t't~vo~Y~L~~ent to dispose of City interest in Lot 212A of East Dubuque Addition in the City of Dubuque, Iowa -h~ l'- c;> l?":- q \\ 1\I'i -+i ";. t 'c I,. \, \, ORDINANCE Vacating the westerly 17 feet of Pine Street between East 14th Street and East 15th Street Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A; Public Hearing 10/16/00 3. Water Department - Supervisory Control and Data Acquisition System City Manager submitting documents providing for the purchase and fabrication of the equipment for the Water Department Supervisory Control and Data Acquisition System. L\~,\ -tt RESOLUTION Preliminary approval of plans and specifications for project in estimated amount of $240,000 RE~1'fci~i:lN Fixing date of hearing on plans and specs for November 6, 2000 RE~bt(~~I~N Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 11/6/00 5 4. Water Department - Pennsylvania Pump Station City Manager submitting documents providing for construction of the Pennsylvania Pump Station. Yt;l\-\\ ~~ RESOLUTION Preliminary approval of plans and specifications for project in estimated amount of $363,000 ln~fU U RESOLUTION Fixing date of hearing on plans and specs for November 6, 2000 I \Cl'tr-rC\ 'I r "~I -"J RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 11/6/00 5. Eagle Point Water Plant, Chlorine Feed Room Expansion City Manager submitting documents providing for construction of the Eagle Point Water Plant Chlorine Feed Room Expansion. qi;l-t; (j RESOtUTION Preliminary approval of plans and specifications for project in estimated amount of $125,000 y l1-C ~ RESOLUTION Fixing date of hearing on plans and specs for November 6, 2000 . '1 '-I l' \" l{\1-(0 RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 11/6/00 6. South Fork Sanitary Sewer - Phase II Acceptance City Manager recommending acceptance of the South Fork Sanitary Sewer _ Phase II project and setting a public hearing on the connection fees to the sanitary sewer for October 16, 2000. L1qrt-\J!0 RESOLUTION Providing for notice of the date, time and place of a public hearing on an ordinance establishing the South Fork $.anitary Sewer Project - Phase II and a schedule of connection fees Lj c\ c.C \; RESOLUTION Accepting improvement LVI \ -CO RESOLUTION Approving final estimate in amount of $770,461.93 Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 10/16/00 6 7. Fiscal Year 2001 Budget Amendment City Manager recommending that a public hearing be set for October 16, 2000 to consider an amendment to the Fiscal Year 2001 Budget. iJ (17,_ r\ r\ i t\J \')v RESOLUTION Directing the City Clerk to publish proposed amendment to the Fiscal Year 2000 budget and date of public hearing Suggested Disposition: Receive and File; Adopt Resolution; Hearing 10/16/00 COUNCIL MEMBER REPORTS CONSENT ITEMS 1 . Minutes Submitted Airport Commission of 9/15; Civil Service Commission of 8/31; Five Flags Commission of 9/18; Housing Commission of 9/12; Park and Recreation Commission of 9/12 Suggested Disposition: Receive and File Printed Council Proceedings for July, 2000; proofs of publication for the Community Development Block Grant Program Suggested Disposition: Receive and File; Approve as Printed 2. Notice of Claims/Suits Sue Bussan in undetermined amount for personal injuries; Jay Cottrell in undetermined amount for vehicle damage; Klauer Development Company in estim_ated amount of $770.62 for vehicle damage; Dolores M. Kotz in estimated amount 'of $131.00 for property 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: Gail Cording for personal injuries; James Kearney for property damage. Suggested Disposition: Receive and File; Concur Corporation Counsel recommending settlement for reimbursement expenses for the sewer backup claim of Jan Troy in the amount of $331.36 and directing the Finance Director to issue payment. Suggested Disposition: Receive and File; Approve Settlement Corporation Counsel recommending denial of the property damage claim of Robert Papenthein. Suggested Disposition: Receive and File; Concur 7 " Corporation Counsel recommending that the vehicle damage claim of Dan Bukowski be referred to Project Concern. Suggested Disposition: Receive and File; Concur 3. Citizen Communications Communications of students at Hoover School questioning why the City closed the swimming pools in August. Suggested Disposition: Receive and File; Refer to City Manager 4, Garfield Place Urban Revitalization Area '^"'" ORDINANCE Establishing the Garfield Place Urban Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa. Suggested Disposition: Receive and File; Second and Third Readings 5. Request to Rezone Property at 2699 Rockdale Road 1~rl)C)ORDINANCE Amending Appendix A of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2699 Rockdale Road from C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping Center District Suggested Disposition: Receive and File; Second and Third Readings 6. Proposed Development Moratorium in the Southwest Arterial Corridor Communication from William J. Maiers, representing Mr. and Mrs. William A. Siegert, requesting that the issue of a proposed development moratorium in_ the Southwest Arterial Corridor, be set for a public hearing prior to any final decision. Communication from City Manager recommending that the request to enact a moratorium along the proposed Southwest Arterial Corridor at Highway 20 be referred to the Zoning Advisory Commission. '\c. Suggested Disposition: Receive and File; Refer to Zoning Advisory Commission 7. Northwest Arterial Communication of William J. Maiers, representing the City of Sageville, regarding jurisdiction of the Northwest Arterial. Communication of Richard E. Kautz, Iowa Department of Transportation, to William J. Maiers regarding the proposed transfer of jurisdiction of the Northwest Arterial to local governmental agencies. Communication of William J. Maiers to Richard E. Kautz, Iowa Department of Transportation, on the proposed transfer of jurisdiction. Suggested Disposition: Receive and File 8 " 8. Notice of Expiration of Right of Redemption Notices of Expiration of Right of Redemption on two parcels of property from Eric Stierman, Dubuque County Treasurer, Suggested Disposition: Receive and File 9. Iowa Department of Economic Development Communication from Alan E. Collet, Iowa Department of Economic Development, amending the City's HOME Investment Partnership Program Master Contract and Funding Agreement by revising the completion date and extending the performance period to December 31, 2000. Suggested Disposition: Receive and File 10. City of Asbury Voluntary Annexation City Development Board advising that they will be considering the a~ve voluntary annexation at their meeting on October 12, 2000. Suggested Disposition: Receive and File 11. Montcrest Street City Manager advising that work has begun on resurfacing Montcrest Street in response to a citizen petition. Suggested Disposition: Receive and File 12. Manson Road - Acceptance of Warranty Deed _ City Manager recommending acceptance of the warranty deed for a- right-of-way purchase on Manson Road. l\' l ,i="J - i\ (-\ ...\ \.1 \J RESOLUTION Accepting a conveyance of property on Manson Road to the City of Dubuque . ~ ": Suggested Disposition: Receive and File; Adopt Resolution 13. Pennsylvania Avenue - Acceptance of Warranty Deed City Manager recommending acceptance of the warranty deed for a buyout of flood- damaged property on Pennsylvania Avenue. RE~bl~.j:~N Accepting a conveyance of property on Pennsylvania Avenue to the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 9 ~ ~ 14. Support of Application for Housing Tax Credits for the Iowa Inn City Manager recommending approval of a letter supporting the MetroPlains Development application to the Iowa Finance Authority for housing tax credits for the Iowa Inn Project. Suggested Disposition: Receive and File; Approve Letter of Support 15. Human Rights - Housing and Urban Renewal Grant City Manager advising that the Human Rights Department has received a HUD grant in the amount of $45,400, which will be subject to a future budget amendment. Suggested Disposition: Receive and File 16. Project Concern Request for Additional Funds City Manager recommending that a request from Project Concern for additional funding in the amount of $9,859.53 be approved. Suggested Disposition: Receive and File; Approve Request 17. Memorandum of Agreement with the Dubuque County Historical Society City Manager recommending approval of a Memorandum of Agreemen;t between the City and the Dubuque County Historical Society for the River Discovery Center project. Suggested Disposition: Receive and File; Approve Agreement 18. Supplement No. 46 to the Code of Ordinances City Manager recommending adoption of Supplement No. 46 to the Code of Ordinances. ~lil-U~ RESOLUTION Adopting Supplement No. 46 to the Code of Ordinances of the City of Dubuque, Iowa Suggested Dispositoin: Receive and File: Adopt Resolution 19. Joint Public Notice - U.S. Army Corps of EngineersllDOT Notice from the U.S. Army Corps of Engineers and the Iowa Department of Transportation of the intent to construct a new four-lane divided roadway along the north side of Dubuque from John F. Kennedy Road east to U.S. HighV\lay 52/1owa Highway 3. Suggested Disposition: Receive and File 10 . . ' 20. Business Licenses RESOLUTION Granting issuance of Class 1111 Beer Permit to Happy Joe's Ice Cream; Class "C" Beer Permit to 5 Point Mart and Kwik Stop Food Mart RE~~UTibii~ranting issuance of Class 'C' Beer/Liquor Permit to Dog House lounge, Carol's Place, and Fat Tuesdays; Class "C" Beer/Wine Liquor License to Sugar Ray's Barbeque; Class "C" Beer/Wine Liquor License (5 Day) to Loras College Field House .' 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 Property Acquisition (Iowa Code ~21.5(1 )(j) Jeanne F. Schneider 1 :00 p.m. September 28, 2000 ". 11