12 06 99 Agenda
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AGENDA. CITY COUNCIL MEETING
MONDAY. DECEMBER 6, 1999
7:00 P.M. PUBLIC LIBRARY AUDITORIUM
INVOCATION .. Father Mark Nemmers Pastor, Holy Trinity Catholic Church
Rick Dickinson to make presentation of "Pinnacle Award", from Tri-State Human
Resources Association, to the City.
Brad Parks, Gary Olsen and Mike Kausbauer to make a presentation to the City.
CONSENT ITEMS SEE PAGES #5 & 6
The consent items are considered to be routine and non-controversial and will be
normally voted upon as a single motion. There will be no separate discussion on
these items. 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.
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1.
PUBLIC HEARINGS
SUGGESTED
DISPOSITICNS F
Proof of Publication on Notice of Public Hearing to reclassify property at 12155,
12101, and 12033 Cousins Road from AG to R-1 District (newly annexed area)
ORDINANCE Amending Zoning Map by reclassifying property located at 12155, MOITaJ II A"
12101 and 12033 Cousins Road from AG Agricultural District to R-1 Single-Family
Residential District as an Interim Zoning Classification. (1 st & 2nd rdgs. given 11-
15-99 )
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2.
Proof of Publication on Notice of Public Hearing to reclassify property at 14986
Old Highway Road from AG to R-1 District. (newly annexed area)
Rec. & File
ORDINANCE Amending Zoning Map by reclassifying property located at 14986
Old Highway Road from AG Agricultural District to R-1 Single-Family Residential
District. (1 st & 2nd rdgs. given 11-15-99
MalTCN "A"
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ORDER OF ROLL CALL
FOR MEETING OF ~-6-99
MICHALSKI
NICHOLSON
ROBBINS
VOETBERG
BUOL
DUGGAN
MARKHAM
3.
Proof of Publication on Notice of Public Hearing to reclassify property West of
Northwest Arterial along Highway 20, Westside Court, Radford Road and Old
Highway Road. (newly annexed area)
Rec. & File
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ORDINANCE Amending Zoning Map by reclassifying property located on U.S.
Highway 20 West of the Northwest Arterial, Westside Court, Radford Road and MarION "All
Old Highway Road from AG Agricultural District to R-1 Single-Family Residential
District, R-3 Moderate Density Multi-Family Residential, C-3 General Commercial
and CS Commercial Service and Wholesale District. (1st & 2nd rdgs. on 11-15)
ORDINANCE Amending Zoning Map by reclassifying property located at 13745
Old Highway Road from AG Agricultural District to PUD Planned Unit MarICN "A"
Development District with a PR Planned Residential District designation and
adopting a Conceptual Development Plan, with conditions. (1st & 2nd rdgs. 11-
15)
4. Proof of Publication on Notice of Public Hearing to reclassify property located East Rec. & File
of Phase IV Sunny Slope Estates opposite Red Violet Drive from AG District to R-
1 District. (QHQ Development/Ken Moore Construction)
ORDINANCE Amending Zoning Map by reclassifying property located East of
Phase IV Sunny Slope Estates opposite of Red Violet Drive from AG Agricultural
District to R-1 Single-Family Residential District, with conditions (1st & 2nd rdgs.
given on 11-15-99)
MarICN "A"
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5.
Proofs of Publication on Notice of Hearing on Plans & Specs. AND Notice to
Bidders on the Receipt of Bids for Construction of 1999 Downtown Historical
Neighborhood Ornamental Railing Project AND City Manager recommending
to award contract for project.
Rec. & FIle
RESOLUTION Adopting Plans & Specs. for project. Adopt
RESOLUTION Awarding Contract for project to Winter's Garage & Welding in the Adopt
amount of $23,588.00.
6.
Proofs of Publication on Notice of Hearing on Plans & Specs. AND Notice to
Bidders on the Receipt of Bids for Skate Park Equipment Project AND City
Manager recommending to award contract for project.
Rec. & FIle
RESOLUTION Adopting Plans & Specs. for project.
Adopt
RESOLUTION Awarding Contract for project to American Ramp Company in the
amount of $98,500.00.
Adopt
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7.
Proofs of Publication on Notice of Hearing on Plans & Specs. AND Notice to
Bidders on the Receipt of Bids for Construction of 5th Street Ramp Expansion
Phase II AND City Manager recommending to reject bid received.
Rec. & File
RESOLUTION Rescinding Resolution No. 610-99 "Preliminary Approval of plans Adopt
& Specs. for project" and advising of intent to rebid at a later date.
ORDINANCE Amending Code of Ordinances Chapter 34, by adding to Article IV,
Specific Parks, a new Section 34-132 to include John G. Bergfield Recreation
Area.
ORDINANCE Amending Section 34-54 of Code of Ordinances prohibiting dogs,
cats and other domestic animals in parks, however, does not apply to Miller-
Riverview Park, Granger Creek Nature Trail and John G. Bergfield Recreation
Area.
3
Proof of Publication on Notice of Hearing to provide for issuance of $3,100,000 Rec. & File
Urban Renewal Tax Increment Revenue Bonds.
RESOLUTION Instituting proceedings to take additional action for the issuance of Adopt
$3,100,000 Urban Renewal Tax Increment Revenue Bonds for expansion of
parking facility located on Iowa Street between 5th & 6th Streets.
Rec. & File
Acopt
City Manager recommending authorization to provide for the issuance of Rec. & File
$3,200,000 Urban Renewal Tax Increment Revenue Bonds.
RESOLUTION Authorizing and providing for the issuance of $3,200,000 Urban Adopt
Renewal Tax Increment Revenue Bonds, Taxable Series 1999D, and providing for
the securing of such bonds for the purpose of carrying out an Urban Renewal
Project in the area of the City designated as the Kerper Boulevard Industrial Park
Economic Development District.
2. City Manager submitting Ordinances by adding John Bergfield Recreation Area to Rec. & Fi Ie
Code of Ordinances and providing for the exclusion of prohibiting dogs, cats and
other domestic animals in certain parks.
REINSTATE THE RULE - LIMITING DISCUSSION TO COUNCIL
ACTION ITEMS
1.
City Manager recommending to approve an amendment to Development
Agreement with Eagle Window & Door Co. and Otto A, LLC
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RESOLUTION Approving and authorizing execution of an amendment to
Development Agreement between City, Eagle Window & Door Co. and Otto A,
LLC, including authorization and approval of the Financial Assistance.
MorICN "E"
MalleN "A"
MOTION "B"
MarION "A"
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3, City Manager recommending approval of final plat for portion of Sunny Slope Rec. & File
Estates.
. RESOLUTION Approving final plat of Lot 4 and Lot D of Block 11 in Sunny Slope AdoJ?t
Estates in the City.
4. City Manager advising of intent to demolish structure at 336 Main St. and to Rec. & File
acquire property.
RESOLUTION Authorizing City Manager and Corporation Counsel to take Adopt
necessary action to proceed with demolition of structure at 336 Main Street for
development and to acquire property for project.
5. City Manager submitting 2 Ordinances regarding changes in Traffic Ordinance. Rec. & File
ORDINANCE Amending Section 32-186 of the City Code of Ordinances defining MarION "B"
Careless Driving and a new Section 32-73(d) Providing foir display of plates. MOlTCN "A"
ORDINANCE Amending City Code of Ordinances by adding a new Section 5-9 MOIICN "B"
prohibiting possession of open containers of alcoholic beverages in motor vehicles MOlICN "A"
by drivers and a new Section 5-10 prohibiting open containers of alcholic
beverages in motor vehicles by passengers.
6. City Manager recommending approval on commitment of $280,000 of City funding Awrove
i with a FAA grant for Runway 18/36 Extension Project
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.7. City Manager advising of process to be used regarding City/County Board of Rec. & File
Health Transition
8. Communications from Prudential Friedman Realty, Inc., McDonald (Bluff Street), Rec. & File
Taco John's, Paul Hemmer, President/General Manager of KGRR, Greg Maim of
Maim Outdoor Communications and Best Western Dubuque Inn requesting
Billboard Ordinance remain as is.
Communication of David Hartig requesting Council to concur with several Rec. & File
revisions of the Biliboard Ad Hoc Committee.
Billboard Ad Hoc Committee recommending the City Council form a new Billboard CC{.o"OCIL
Ad Hoc Committee to look at the billboard regulations, with 2 representatives from
the outdoor advertising industry and 2 representatives from Scenic America to
serve ex-officio as non-voting resources to the committee.
Long Range Planning Advisory Commission submitting their recommendations on Rec. & File
work by Billboard Ad Hoc Committee.
9. Request to the City from Governor Vilsack to appoint two (2) representatives to COl'N:IL
Iowa Earth Year 2000.
COUNCIL MEMBER REPORTS
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4.
CONSENT ITEMS
MINUTES SUBMITTED -- Billboard Ad Hoc Committee of 11-22; Building Code
Board of Appeals of 11-4; Cable Regulatory Commission of 11-10; Cable
Telprogramming of 11-9; Civil Service Commission of 10-19; Community
Development Commission of 11-16; Electrical Code Board of 11-8; Environmental
Stewardship Commission of 11-2; Five Flags Commission of 11-15; Housing Code
Appeals Board of 10-19; Human Rights Commission of 10-11; Long Range
Advisory Commission of 11-17; Park & Recreation Commission of 11-9; Plumbing
Board of 11-9; Zoning Advisory Commission of 11-3; Zoning Board of Adjustment
of 11-18.
Financial Director submitting Financial Report for month ending October 31, 1999. Re..'C. & File
2.
Proofs of Publication on publishing council proceedings for meetings of 10-25-99
& 11-1-99; Notice of finding of no Significant Impact and Notice of Intent to
request Release of Funds for certain funds.
Printed Council Proceedings for month of October, 1999 for approval.
NOTICES OF CLAIMS/SUITS --Henry Haas in amount of $600.00 for personal
injuries; Don Herbst in amount of $894.82 for vehicle damages; Steve & Vicky
Mueller for Emily Mueller in amount of $1010.20 for personal injuries; Brad
Plummer in est. maximum amt. of $450.00 for vehicle damages.
Corporation Counsel advising following claims have been referred to Public Entity
Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool:
Vehicle damages of State Farm Insurance for their insured Glenn Hochberger;
Property damage of Michael J. Kelly.
Corporation Counsel recommending settlement of property damage claim of Larry
Hurst.
Corporation Counsel recommending denial of reimbursement of expenses of
sewer backup claim of Donald V. Brimeyer.
REFUNDS REQUESTED -- King of Clubs, $50.00 on unexpired Cigarette
License; Zirk's, $211.25 on unexpired liquor license.
City Manager recommending approval of a change in the authorization from the
Community and Economic Development Department to the Planning Services
Department for a historic preservation grant submitted in January.
RESOLUTION Amending Resolution No. 25-99 by changing the authorization for
Project Management and requests for reimbursement for HRDP Historic
Preservation Grant.
Roc. & FiJe
Rec. & File
Awrcve
. ted
Refer to
Legal Staff
fjinv. &
repcrt
Rec. & File
Approve
recommend.
Approve
denial
AH:'rove -
F.D. Issue
Rec. & Fi Ie
Adopt
5. City Manager recommending approval of an agreement with Iowa Department of
Natural Resources for a $200,000 REAP (Resource Enhancement and Protection) Rec. & File
grant.
6.
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3.
RESOLUTION Authorizing a Grant Agreement for REAP Funds for Riverwalk
Land Acquisition.
Iowa Dept. of Economic Development expressing appreciation given by City's Rec. & File
Housing Services Division-Rehabilitation Department for assistance given during a
monitoring visit.
5
Adopt
7.
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.14.
Obie's Enterprise, Inc. d/b/a A-OK Yellow Taxi Cab Co. advising of their rate
increase effective December 16, 1999.
Mayor Duggan advising Iowa Department of Transportation that the Council has
selected the Southwest Arterial as highest transportation priority for the City.
BUSINESS L1CENSES--RESOLUTION Granting issuance Class "C" Beer Permits Adopt
to lOCO Speede Shoppe #17, Big 10 Mart and KWIK Stop Food Mart (3).
8.
City Manager recommending acceptance of Landscaping of Dubuque Technology
Park.
RESOLUTION Accepting Improvement for project
RESOLUTION Approving final estimate in amount of $104,395.
City Manager recommending hearings be held on December 20, 1999 to assess
civil penalties to Tobacco Permit holders. ($300.00- 1 st violations to AMOCO,
1215 E. 16th St.; lOCO Speede Shoppe, 1998 Jackson St.; McCann's lOCO, 690
W. Locust; Oky Doky #6,1256 Iowa St.; Tony's Place, 1701 Central Ave and 30
suspensions - 2nd violation to AMOCO Food Shop, 1450 Loras Blvd. and Wareco
700 Rhomberg
Letter of "Thanks" from Jane Petrek for partnership with Prescott School.
City Manager recommending approval to purchase some new equipment to
remove snow from the new brick pavers on 8th Street on Town Clock Plaza at an
estimated cost of $4,800.
Iowa League of Cities requesting City Manager serve on the League Policy
Committee.
9.
10.
11.
12.
13.
RESOLUTION Granting Class "B" Hotel Liquor License to Julien Inn, Holiday Inn
Five Flags, and Hoffman House/3100 Club and Class "C" Liquor License to The
Moracco and Instant Replay.
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters
which are of concern to them 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 REMINDER: 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--
In accordance with Chapter 21.5 1.(j) State Code of Iowa, 1999 as amended, To
discuss the purchase of particular real estate where premature disclosure could
be reasonably expected to increase the price the governmental body would have
to pay for that property.
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Mary A. Davis, CMC
1 :00 p.m. 12-2-99
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Rec. & File
Ad 0 IJt
AdoDt
Aoprove
hrgs. to
12-20-99
Rec. & File
Approve
Recanmend .
Plpprove
request
Rec. & File
Rec. & File
Adopt
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