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02 19 01 Agenda with iconsCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING MONDAY, FEBRUARY 19, 2001 6:30 P.M. LIBRARY AUDITORIUM INVOCATION Jerry E. Oakland, Pastor of St. Luke's United Methodist Church PROCLAMATIONS Tim Moerman Day (February 22, 2001) Proclamation CONSENT ITEMS (See Pages 8-14) The consent agenda items are considered to be routine and non-controversial and all consent items wilt 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 APPOINTMENTS to the following Boards/Commissions: Building Code Board of Appeals (2 Vacancies): Chuck Carr (General Contractor for term ending 8/1/03); Richard Luchsinger (At-Large for term ending 8/1/03) Community Development Advisory Commission (4 Vacancies): James Giesen (At-Large for term expiring 2/15/04); Charles Isenhart (Census Tract #1 for unexpired term ending 2/15/03) Environmental Stewardship Advisory Commission (2 Vacancies): Art Sunleaf (for unexpired term ending 10/1/02) Applicant Ust Bd and Cornm List Bldg Apps CDAC Apps ESAC Apps PUBLIC HEARINGS SUSPEND THE RULES 989 Langworthy - Rezoning Request of William May Proof of publication on notice of hearing to consider rezoning property located at 989 Langworthy from R-2 Two-Family Residential District to OS Office Service District. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 989 Langworthy from R-2 Two-Family Residential District to OS Office Service District. Suggested Disposition: Receive and File; Motion B; Motion A May Rezoning-StaiY May May Rezooing-Staff May Rezo~ing~Map Memo Rezoning-Ordinance Repor~ May Application May Rezoning-Ltrs Highway 20 Corridor Between Bluff Street and Cherokee Drive - Rezoning Request Proof of publication on notice of hearing to consider rezoning property located in the Highway 20 Corridor between Bluff Street and Cherokee Drive/Collins Street from R-1 Single-Family Residential, R-2 Two-Family Residential, C-1 Neighborhood Commercial, OR Office Residential, OS Office Service and C-3 General Commercial Districts, to OS Office Service and POS Public Open Space Districts ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along Highway 20 from Bluff Street west to Cherokee Drive from R-1 Single-Family Residential, R-2 Two-Family Residential, C-1 Neighborhood Commercial, OR Office Residential, OS Office Service and C-3 General Commercial Districts, to OS Office Service and POS Public Open Space Districts Suggested Disposition: Receive and File; Motion B; Motion A HWY 20-ZAC Memo Hwy 20 Ordinance Hwy 20-Application Hwy 20-Staff Repor~ Hwy 20-Staff Ltm Hwy 20 land Use Hw¥ 20 Corridor Plan Lamar Advertising - Request for Text Amendment to Zoning Ordinance Proof of publication on notice of hearing to consider an amendment to Section 3.11 of the Zoning Ordinance to increase minimum spacing of off-premise signage. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Section 4-3.11 Schedule of Sign Regulations for Off-Premise Signs and adopting a new Section 4-3.11 Schedule of Sign Regulations for the Off-Premise Sings in lieu thereof, pertaining to increasing the spacing between off-premise signs from 100 feet to 750 feet Suggested Disposition: Receive and File; Motion B; Motion A Lamar~ZAC Memo Lamar - Ordinance Lamar-Exhibit 1 Lamar-Exhibit 2 Lamar-Sb~ff Memo Five Flags Theater Renovation - Award Contract Proofs of publication on notice of he~ring on plans and specs and notice to bidders on the receipt of bids for construction of the Five Flags Theater Renovation Project and City Manager recommending to award contract for the project to Klauer Construction Company in the amount of $699,950. RESOLUTION Adopting plans and specifications for project RESOLUTION Awarding contract for project to Klauer Construction Company in the amount of $699,950. Suggested Disposition: Receive and File; Adopt Resolutions Five Rags - HVM Five Rags Staff Five Flags 1~ Five Rags 2nd Memo Memo ResdutJon ResoluUon Allan J. Becker - Request to Vacate Proof of publication on notice of public hearing to consider disposing of City interest in Lot 2A of Bradley Place, Dubuque, Iowa and communication of City Manager recommending approval of the disposition to Allen J. Becker, representing Oarka Corp., a/k/a Hawkeye Boat Sales & Service, Inc. RESOLUTION Disposing of City interest in Lot 2A of Bradley Place, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 3 Becket - MVM Memo Becket Staff Memo Becker ResoluUon Becker - Maps Area Residential Care, Inc.- Request to Vacate Proof of publication on notice of public hearing to consider disposing of City interest in Lot 2A of Block 15 of River Front Subdivision No. 3 of Bradley Place, Dubuque, Iowa and communication of City Manager recommending approval of the disposition to Area Residential Care, Inc. RESOLUTION Disposing of City interest in Lot 2A of Block 15 of River Front Subdivision No. 3, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution ARC - ~VM Memo ARC Staff Memo ARC ResoluCdon ARC - Haps Thomas Luksetich and Steve Smith - Request to Vacate Proof of publication on notice of public hearing to consider disposing of City interest in Lot lA of Block 13 of River Front Subdivision No. 3, Dubuque, Iowa and communication of City Manager recommending approval of the disposition to Thomas Luksetich and Steve Smith, representing Talass, L.L.C. RESOLUTION Disposing of City interest in Lot lA of Block 13 of River Front Subdivision No. 3, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Luksefich - MVM Luksetich Staff Memc LukseUch Resolution LuksetJch - Maps Memo Lea~e with United Rentals, Inc. Proof of publication on notice of public hearing to consider disposing of City interest in real property and City Manager recommending approval of a lease with United Rentals, Inc. for property located at 301 Iowa Street. RESOLUTION Disposing of an interest in real property by lease with United Rentals, Inc. Suggested Disposition: Receive and File; Adopt Resolution 4 United Rental - IvlVM United Rental United Rental - t4emo Re~olution Lease REINSTATE THE RULE LIMITING DISCUSSOIN TO COUNCIL ACTION ITEMS Bressler Outdoor Advertising Communication from Jennifer Sloan, General Counsel for Bressler Outdoor Advertising requesting to address the Council regarding the issuance of a building permit to construct a sign structure at 3220 Dodge Street. Suggested Disposition: Receive and File; Refer to City Manager Bress~r LetJ:er Amendments to the Historic Preservation Ordinance Communication of the Historic Preservation Commission and the Preservation Task Force recommending amendments to the Historic Preservation Ordinance. ORDINANCE Amending Chapter 25 (Historic Preservation) of the Code of Ordinances of the City of Dubuque Suggested Disposition: Receive and File; Motion B; Motion A HPC Letter HPC Summary HPC Recommended HFC Ordinance Changes Initiatives to Support Historic Preservation in Dubuque Communication of the Historic Preservation Commission and the Preservation Task Force recommending initiatives to support historic preservation in Dubuque, Suggested Disposition: Receive and File; Approve Initiatives HPC Initiat~ve~ Lb' In,at,yes Summary 5 Jaycee/Peosta Channel Trail Project City Manager recommending to lower the height of the levee where appropriate for construction of the Dubuque Jaycees/Peosta Channel Trail Project. RESOLUTION Approving a request to lower the height of the levee where appropriate for the construction of the Dubuque Jaycees/Peosta Channel Trail Project Suggested Disposition: Receive and File; Adopt Resolution Trail - NNM Memo Trail - Staff Memo Trail - Re~olut~on Corps Letter Levee Drawings o National League of Cities Communication from the National League of Cities appointing Council Member Dan Nicholson to the Information Technology and Communications (ITC) Steering Committee for the League. Suggested Disposition: Receive and File Certificates of Completion - CIGNA City Manager recommending approval of two Certificates of Completion for the CIGNA project. Suggested Disposition: Receive and File; Adopt Resolution CIGNA - MVH Memo CIGNA Staff Memo Town CJock Tdlog CerU~cate Certificate COUNCIL MEMBER REPORTS 6 ITEMS TO BE SET FOR PUBLIC HEARING Motion: Receive and File; Adopt Resolutions; Public Hearings to be Held at Date and Time Recommended City of Dubuque Fiscal Year 2002 Budget City Manager recommending that a public hearing be set for March 6, 2001 to conside[ adoption of the Fiscal Year 2002 budget and the Five Year Capital improvement Program. RESOLUTION Setting the date of the public hearing on the Fiscal Year 2002 budget for the City of Dubuque RESOLUTION Setting the date of public hearing on the Five Year Capital Improvement Program Suggested Disposition: Receive and File; Adopt Resolutions~ Public Hearing 3/6/01 Budg~ -MVHMemo Budget - Resolutions Mississippi River Discovery Center Utility Relocation Project - Initiate City Manager recommending initiation of the bidding process for the Mississippi River Discovery Center Utility Relocation Project and that a public hearing be held on March 19, 2001. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 3/19/01 Discovery Cb' - MVM Discovery Ca' Staff Discovery Cb' 7 1999 RC. Concrete Paving Project - No. I (Bryant, Booth, and Van Buren) Reconstruction Project - Acceptance City Manager recommending acceptance of the PCI I (Bryant, Booth, and Van Buren) Reconstruction Project in the final contract amount of $2,160,641.20 and recommending that a public hearing be held on April 2, 2001 on a new watermain and sanitary sewer assessment added to the project at the request of a property owner.. RESOLUTION of Necessity RESOLUTION Setting date of hearing on Resolution of Necessity RESOLUTION Fixing date of hearing on plans and specifications RESOLUTION Accepting improvement RESOLUTION Approving final estimate of $2,160,641.20 RESOLUTON Approving preliminary final schedule of assessments Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 4/2/01 1999 PC - MVM ]1999 PC St~ff Memo 1999 PC Resolu~on$ Cost Figures Memo CONSENT ITEMS Minutes Submitted Airport Commission of 1/29; Cable TV Regulatory Commission of 1/10; City Council Proceedings of 2/5; Electrical Code Board of 2/5; Environmental Stewardship Advisory Commission of 2/6; Historic Preservation Commission of 1/18; Human Rights Commission of 1/8; Long Range Planning Advisory Commission of 1/17; Transit Board of 2/8; Zoning Advisory Commission of 12/6/00 and 2/7; Zoning Board of Adjustment of 1/25 Airport Minutes TV Regulatory Ob/Council Electrical Bd Environmental HPC Minutes LRPC Transit ZAC 12/6 ZAC 2/7 ZBA 1/25 8 List of Claims and Summary of Revenues for month ending December 31, 2000; City of Dubuque Financial Reports for the month ending January 31, 2001. Suggested Disposition: Receive and File Notice of Claims/Suits Cindy Hanten in undetermined amount for property damage; Robert C. Hood, Jr. in undetermined amount for personal injuries; Gene A. Kramer in estimated amount cf $2,222.96 for vehicle damage; Bill Moore in undetermined amount for vehicle damage; Nona R. Nigg in estimated amount of $794.54 for vehicle damage; Linda L. Sanford in estimated amount of $174.85 for vehicle damage; Subrogation Claim of State Farm Insurance (for insured, Timothy Grass) in estimated amount of $872.94 for vehicle damage Suggested Disposition: Receive and File; Refer to Legal Dept for Investigation and Report Oaims to ICAP Oaims - SetUement Kane Development Corporation Communication from Steve Boge, Kane Development Corporation, requesting the City's acceptance of sanitary sewer and water main system at Pine Knoll Condominiums (Phase I) on Katrina Circle in the City of Dubuque. Suggested Disposition: Receive and File; Refer to City Manager Kane Development Civil Service Commission Civil Service Commission submitting the certified lists for the position of Police Officer. Suggested Disposition: Receive and File; Make a Matter of Record Police Officer 9 Interagency Agreement Between City and Dubuque County Board of Health for Inspection of Pools and Spas City Manager recommending approval of an Interagency Agreement between the City of Dubuque and the Dubuque County Board of Health for Inspection of Pools and Spas in Dubuque County. Suggested Disposition: Receive and File; Approve Agreement Pools and Spas - Pools and Spas - Agreement - City Agreement - State MVM Memo Staff' Memo and County and County Tentative Agreement Between the City of Dubuque and the Dubuque Professional Firefighters Association, Local #353 City Manager recommending approval of a Tentative Agreement between the City of Dubuque and the Dubuque Professional Firefighters Association, Local #353, for a three year period. RESOLUTION Accepting the tentative agreement between the City of Dubuque, Iowa, and the Dubuque Professional Firefighters Association, Local #353 and authorizing the Mayor to sign the agreement. Suggested Disposition: Receive and File; Adopt Resolution Fire Contract - MVM Fire Contract Staff Fire Contract Memo Memo U.S. Department of Housing and Urban Development Communication of the U.S. Department of Housing and Urban Development advising that they have reviewed the City's audit report for the period July 1, 1999 through June 30, 2000. Suggested Disposition: Receive and File HUD Letter 10 Iowa Department of Transportation Communication from the Iowa Department of Transportation advising of four public input meetings to be held around the State. Suggested Input: Receive and File IDOT Letter State Grant Contract for Design Guidelines Manual City Manager recommending approval of a contract with the State Historical Society of Iowa for a $7,500 grant the City has received to develop a design review guidelines booklet for historic districts. Suggested Disposition: Receive and File CLG - MVM Memo O.G Staff Memo CLG Contract 10. 11. Downtown Vision Process City Manager recommending confirmation of a facilitator for the Downtown Vision Process. Suggested Disposition: Receive and File; Adopt Resolution Downtown - HVM Downtown - Staff Downtown - Letter Memo Memo Bunker Hill Golf Course - Agreement with Golf Professional City Manager recommending approval of a management agreement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf Course operation. Suggested Disposition: Receive and File; Approve Agreement Golf Pro - MVN Mere( Golf Pro Staff Memo Golf Pro Agreement 11 12. 13. 14. Urban Revitalization/Tax Exemption Applications City Manager recommending approval of the eligible Calendar Year 2001 Urban Revitalization Applications. RESOLUTION Approving Residential Property Tax Exemption Applications submitted by property owners in recognized Urban Revitalization Areas and authorizing the transmittal of the approved applications to the City Tax Assessor RESOLUTION Approving late filed Residential Property Tax Exemption Applications submitted by property owners in recognized Urban Revitalization Areas and authorizing the transmittal of the approved applications to the City Tax Assessor Suggested Disposition: Receive and File; Adopt Resolutions Urban Revit - MVM Urban Revit-Staff Urban Revit - Urban Revit - Memo Memo Resolu~on #1 Resolution #2 Clara Street Place - Acceptance City Manager recommending acceptance of the public improvements as completed by Mercy Medical Center in Clara Street Place. RESOLUTION Accepting improvements in Clara Street Place Suggested Disposition: Receive and File; Adopt Resolution Oara St - MVM Heine Oara St - Staff Oara St - Memo Resolutions Fischer Cold Storage Warehouse Asbestos Abatement Project - Acceptance City Manager recommending acceptance of the Fischer Cold Storage Warehouse Asbestos Abatement Project in the final contract amount of $3,200. RESOLUTION Accepting improvement RESOLUTION Approving final estimate in amount of $3,200 Suggested Disposition: Receive and File; Adopt Resolutions Fischer - MVM Memo Fischer-Staff Memo Fischer Re~olutJon$ 12 15. 16. Salina Street Reconstruction Project City Manager recommending a change from concrete panels to wooden railroad ties on portions of the Salina Street Reconstruction Project. Suggested Disposition: Receive and File; Approve Change Saiina St - MVH Salina ~ Staff Memo MeJ~O Supplement #48 of the Code of Ordinances City Manager recommending adoption of Supplement #48 to the City of Dubuque Code of Ordinances. RESOLUTION Adopting Supplement #48 to the City of Dubuque Code of Ordinances Suggested Disposition: Receive and File; Adopt Resolution G3de - MVH Memo C. ode - Staff Memo C.~de ResoluUon 17. Senator Grassley Letter City Manager communication to Senator Grassley requesting his support of S. SB regarding broadband access in rural and Iow income areas. Suggested Disposition: Receive and File; Approve Letter 18. Business Licenses RESOLUTION Granting issuance of a permit to sell Cigarettes and Cigarette Papers to Clark Retail #2354 RESOLUTION Granting issuance of a Class C Beer/Liquor License to The Clubhouse and Tony's Place RESOLUTION Granting issuance of a Class B Beer Permit to Kid's World Pizza/Fun Center; and Class C Beer Permit to Clark Retail #2354 Suggested Disposition: Receive and File; Adopt Resolutions 13 agareU;e Resolution Uquor Resolution Beer Resolution PUBUC 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 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 and Litigation that is Imminent (Iowa Code Chapter 21-.5(1)(j)(c) Jeanne F. Schneider 1:00 p.m. February 15, 2001 14