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06 19 00 Agenda . AGENDA DUBUQUE CITY COUNCIL MEETING 6:30 P.M., MONDAY, JUNE 19, 2000 LIBRARY AUDITORIUM INVOCATION Father Scott Bullock, Director of Seminarians, Archdiocese of Dubuque CONSENT ITEMS (SEE PAGES 6-11) 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, 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: Civic Center Commission: Gary Dolphin, Cynthia A. Fuller Housing Commission: David J. Kapler, Dan Teply Transit Board of Trustees: Harry J. Bemis TV Cable Regulatory Commission: Charlie Ellis Appointments to the following Boards/Commissions: Historic Preservation Commission: Kenneth C. Kringle (Cathedral District); Jim Gibbs, Alfred S. Smemo, Joseph Ungs (At-Large) Long Range Planning Advisory Commission: Chris Curfman, Dr. Mary Lynn Neumeister, Rick Stein Park and Recreation Commission: Kim Daykin, Chuck Duggan, Gary Harjehausen, Robert C. Timmerman Zoning Advisory Commission: Stephen F. Hardie, Ferd Nesler, Robert W. Nagle, Michael F. Portzen 1 PUBLIC HEARINGS 1. A.Y. McDonald Rezoning Proofs of publication on notice of hearing to consider rezoning property located on East 12th Street adjacent to Highway 61/151 from POS Public Open Space District to MHI Modified Heavy Industrial District. Communication of Long Range Planning Commission supporting the A.Y. McDonald rezoning. ORDINANCE Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located north of East 12th Street and east of Highway 61/151 from POS Public Open Space to MHI Modified Heavy Industrial District. (First and second readings on 5/15/00) Suggested Disposition: Receive and File Proofs; Motion uAu 2. 2000 PC Concrete Paving Project #2 (Burden Avenue and North Burden Reconstruction) Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids for the 2000 PC Concrete Paving Project - No.2 (Burden Street and North Burden). Communication of William R. Knudson, 641 North Burden Street, in opposition to the project. RESOLUTION Adopting plans and specs for project RESOLUTION With respect to the adoption of the Resolution of Necessity proposed for the 2000 PC Concrete Paving Project - No.2 (Burden Street and North Burden) RESOLUTION Ordering bids and directing Clerk to advertise Suggested Disposition: Receive and File Proofs; Adopt Resolutions 3. Vacating Petition - Monroe Avenue (a/k/a Louise Lane) Proof of publication on notice of hearing on the City's intent to dispose of property in Monroe Avenue (a/k/a Louise Lane) to Kenneth P. Birch. RESOLUTION Disposing of City interest in Monroe Avenue (a/k/a Louise Lane), Dubuque, Iowa. . Suggested Disposition: Receive and File Proof and Communication; Adopt Resolution 2 4. 2000 Curb Ramp Installation - CDBG Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids for construction of 2000 Curb Ramp Installation Project (CDBG) and City Manager recommending to award contract for project. RESOLUTION Adopting plans and specs for project RESOLUTION Awarding contract for project to Winger Construction in the amount of $40,869 Suggested Disposition: Receive and File Proofs and Communication; Adopt Resolutions REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL ACTION ITEMS 1. Tara Winger Request of Tara Winger to address the Council. Suggested Disposition: Receive and File 2. Right-of-Way Encroachment - 113 Main Street Communication of City Manager recommending approval of a projecting sign in the public right-of-way at 113 Main Street (Inside Decor). ORDINANCE Authorizing Inside Decor to construct projecting sign at 113 Main St. Suggested Disposition: Receive and File Communication; Motion uBu; Motion uAu 3. Right-of-Way Encroachment - 1690 Elm Street Communication of City Manager recommending approval of a projecting sign in the public right-of-way at 1690 Elm Street (Lamar Advertising). ORDINANCE Authorizing Lamar Advertising to construct an on-premise projecting sign at 1690 Elm Street. Suggested Disposition: Receive and File Communication; Motion uBu; Motion uAu 4. Right-of-Way Encroachment - Brannon Monument Communication of City Manager recommending approval for construction of an awning in the public right-of-way at 1310 White Street (Brannon Monument). ORDINANCE Authorizing Michael P. Brannon and Stasia L. Brannon (dba Brannon Monument Co.) to construct an awning Suggested Disposition: Receive and File Communication; Motion uBu; Motion uAu 3 5. Riprow Valley Park Development City Manager recommending approval of an agreement to purchase approximately 19 acres from Robert D. and Livija Klauer in Riprow Valley, contingent upon the City receiving personal guarantees for any remaining financial obligations toward the purchase of the property. Communication of Jerry Enzler, Dubuque County Historical Society, expressing their support of the Riprow Valley Park Development Project. Communication of Margreet J. Ryan, President of the Dubuque Audubon Society, endorsing development of Riprow Valley. Communication/petition from the Dubuque Girls Independent Sohball League expressing support for the Riprow Valley Park Development. Suggested Disposition: Receive and File; Concur with Recommendation 7. Demolition Permit City Manager recommending that a request for a demolition permit at 1 672 Central be referred to the Historic Preservation Commission and that the permit be withheld for up to ninety days. Suggested Disposition: Receive and File; Concur with Recommendation 8. Establishing Fair Market Value - Plastic Center, Inc. Corporation Counsel recommending that the fair market value of certain real property owned by Plastic Center, Inc., in the Ice Harbor Urban Renewal District, be established at $1,191,500. RESOLUTION Establishing fair market value for the acquisition of certain real property owned by Plastic Center, Inc. Suggested Disposition: Receive and File; Adopt Resolution 9. Development Agreement with Platinum Hospitality Group, LLC City Manager recommending approval of a Development Agreement with Platinum Hospitality Group, LLC, the attached land lease, Minimum Assessment Agreement, and the Convention Center Facility Management Agreement. Presentation by Jim Rix, Chief Executive Officer of Platinum Hospitality Group, LLC. - Suggested Disposition: Receive and File; Approve Recommendation COUNCIL MEMBER REPORTS 4 ITEMS TO BE SET FOR PUBLIC HEARING 1 . Klauer Manufacturing Rezoning - 26th and Pinard Request of Klauer Manufacturing Company, 26th and Pinard Streets, to rezone property from R-2 Two-Family Residential District to R-2A Alternate Two-Family Residential District to allow construction of an employee parking lot. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at northwest corner of 26th and Pinard Streets from R-2 Two-Family Residential District to R-2A Alternate Two-Family Residential District. Suggested Disposition: Receive and File; Motion "B"; Motion "D"; Public Hearing July 5, 2000 2. Hillcrest Zoning ID Amendment Request of Hillcrest Family Services to amend the ID Institutional District to add classrooms as a permitted use and allow the installation of a portable classroom. ORDINANCE 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. Suggested Disposition: Receive and File; Motion "B"; Motion "D"; Public Hearing July 5, 2000 3. Conceptual Development Plan - Menard Inc. Request to rezone 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. Suggested Disposition: Receive and File Communication; Motion "B"; Motion "D"; Public Hearing July 5,-2000 5 4. Conceptual Development Plan - Plastic Center, Inc. Request of Buesing & Associates/Plastic Center, Inc., to rezone the southeast corner of the Northwest Arterial and Asbury Road from AG Agricultural District to PUD Planned Unit Development with PC Planned Commercial, PO Planned Office and PR Planned Residential designations. ORDINANCE Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the southeast corner of Highway 32 (Northwest Arterial) and Asbury Road from AG Agricultural District to PUD Planned Unit Development District with PC Planned Commercial District, PO Planned Office and PR Planned Residential District Designations, and adopting a Conceptual Development Plan, with conditions, for Plastic Center, Inc. Suggested Disposition: Receive and File Communication; Motion "B"; Motion "0"; Public Hearing July 17, 2000 5. Renovation of the Bunker Hill Building City Manager submitting documents providing for initiation of the bidding process for Renovation of the Bunker Hill Building project. RESOLUTION Preliminary approval of plans and specs for project in estimated amount of $270,000. RESOLUTION Fixing date of hearing on plans and specs for August 7, 2000. RESOLUTION Ordering bids and directing Clerk to advertise. Suggested Disposition: Receive and File Communication; Adopt Resolutions CONSENT ITEMS 1. Minutes Airport Commission of 4/24 and 5/31; Civil Service Commission of 5/23; Community Development Advisory Commission of 5/16; Historic Preservation Commission of 5/18; Housing Commission of 4/13; Long Range Planning Advisory Commission of 5/17; Transit Board of 5/11; Zoning Advisory Commission of 5/3. Acting Finance Director Gerald Hird submitting the Finance Reports for month ending May 31, 2000. Suggested Disposition: Receive and File 2. Notice of Claims/Suits Joseph Hickson in undetermined amount for vehicle damage; R.D. McDonald in estimated amount of $1,065.30 for property damage; Aimee Wagner in estimated amount of $691.24 for vehicle damage; Craig and Deb Wurdinger in estimated amount of $500.00 for vehicle damage. Suggested Disposition: Receive and File; Refer to Legal Dept for Investigation 6 Corporation Counsel recommending that the claim of Linda M. Federonich for personal injuries be referred to Portzen Construction for processing and the claim of Rhonda Switzer for vehicle damages be referred to Conlon Construction. Suggested Disposition: Receive and File; Concur with Recommendation Corporation Counsel recommending denial of the towing expense reimbursement claim of Diana Jean Grob and the motorcycle damage claim of Chuck Minnick. Suggested Disposition: Receive and File; Concur with Recommendation 3. Board/Commission Resignations Katie Gustafson submitting her resignation from the Environmental Stewardship Advisory Commission. Housing Services Manager David Harris advising that Jane Steele has submitted her resignation from the Housing Commission, and Ruth Clark has submitted her resignation from the Housing Trust Fund Committee. Planning Services Manager Laura Carstens advising of the resignation of Greg Yoko from the Zoning Board of Adjustment and Jeff Stiles' resignation as the Zoning Advisory Commission liaison to the Long Range Planning Advisory Commission. Suggested Disposition: Receive and File 4. Supplement #45 to the Code of Ordinances City Manager recommending adopting of Supplement #45 to the Code of Ordinances. RESOLUTION Adopting Supplement #45 to the City of Dubuque Code of Ordinances. Suggested Disposition: Receive and File Communication; Adopt Resolution 5. Subdivision Plat - 14020 North Cascade Road Request of Richard Stoffel, 14020 North Cascade Road, to subdivide an existing lot into three lots. RESOLUTION Approving the Final Plat of Stoffel Acres Subdivision in Dubuque County, Iowa. . Suggested Disposition: Receive and File Communication; Adopt Resolution 7 6. Subdivision Plat - Southeast of Cottingham and Seippel Road Intersection Request of City of Dubuque Community and Economic Development Department for approval of the final plat of Lots 1, 2, A, B & C of South Fork Industrial Subdivision No.1. RESOLUTION Approving the Final Plat of Lots 1, 2, A, Band C of South Fork Industrial Subdivision No. 1 Suggested Disposition: Receive and File Communication; Adopt Resolution 7. Subdivision Plat - Loras Estates Subdivision Request of Ron Smith to replat the property line between Mount Calvary Cemetery and Loras Estates Subdivision. RESOLUTION Approving the Plat of Survey of Lot 1 and Lot A Loras Estates No.2 in the City of Dubuque, Iowa Suggested Disposition: Receive and File Communication; Adopt Resolution 8. Subdivision Plat - Cedar Ridge Farm Place No. 3 Request of Julien Nemmbers to approve the Minor Final Plat of Cedar Ridge Farm Place No.3. RESOLUTION Approving the Final Plat of Cedar Ridge Farm Place No.3 in the City of Dubuque, Iowa Suggested Disposition: Receive and File Communication; Adopt Resolution 9. Subdivision Plat - Larry McDermott Request to subdivide property located east of BMR Lane on the north side of Humke Road into six single family lots. RESOLUTION Approving the Final Plat of Lots 1 thru 6, inclusive, of Paradise Heights Subdivision in Dubuque County, Iowa. Suggested Disposition: Receive and File Communication; Adopt Resolution 10. Final Plat - Embassy West No.3 City Manager recommending approval of the Final Plat of Lots 1 thru 27, inclusive, Lots A, B, and C, of Embassy West No.3. . RESOLUTION Approving the Final Plat of Emerald Acres No. 1 in the City of Dubuque, Iowa Suggested Disposition: Receive and File Communication; Adopt Resolution 8 11. Recreational Trails Grant Application City Manager recommending approval to submit a Recreational Trails Grant to IDOT for funding of the Heritage Trail Extension: Heron Pond to Greyhound Park Road. RESOLUTION Authorizing a grant application for Iowa Department of Transportation Recreational Trails funds for the Heritage Trail Extension from the Heron Pond Wetlands Nature Trail to Greyhound Park Road Suggested Disposition: Receive and File Communication; Adopt Resolution 12. City Manager Employment Agreement Submittal of the Ninth Amendment to the City Manager's Employment Agreement for approval. Suggested Disposition: Receive and File; Approve 13. Public Library Study Library Director Tom Moran submitting "A Study of Public Library Governance and Funding Options in Dubuque County, Iowa". Suggested Disposition: Receive and File 14. Mainstream Program Funding Application City Manager recommending submittal of an application to HUD for funding of the Mainstream Program. RESOLUTION Authorizing the Mayor to execute an application to participate in the Section 8 Housing Mainstream Program Suggested Disposition: Receive and File Communication; Adopt Resolution 15. Local Housing Assistance Funds City Manager recommending approval to submit two pre-applications to the Iowa Department of Economic Development for Local Housing Assistance Program funds. RESOLUTION Authorizing an application to the Iowa Department of Economic Development for Local Housing Assistance Program Funds Suggested Disposition: Receive and File Communication; Adopt Resolution - 9 16. Renewal of Expiring Section 8 Contracts City Manager recommending approval of a contract with the U.S. Department of Housing and Urban Development (HUD) for renewal of expiring Section 8 Moderate Rehabilitation Program annual contributions contracts. RESOLUTION Authorizing execution of a renewal annual contributions contract for Section 8 Moderate Rehabilitation Program Contracts Numbers IA0870001/0014; and IA087MR0002/0022 Suggested Disposition: Receive and File Communication; Adopt Resolution 17. Employee Assistance Program City Manager recommending approval of an agreement with Mercy Medical Center to provide employee assistance program services. Suggested Disposition: Receive and File; Concur with Recommendation 18. Convention Center Study Update City Manager recommending a contract with Conventions, Sports and leisure International to update the Dubuque Convention Center Study that was completed in December 1998. Suggested Disposition: Receive and File; Concur with Recommendation 19. Towing Contract City Manager recommending that the Police Department towing contract with Wenzel Towing be renewed for an additional three years. Suggested Disposition: Receive and File; Concur with Recommendation 20. Dubuque Jaycees Request of the Dubuque Jaycees to transfer their liquor license from the Town Clock Plaza to the northeast corner of the Iowa Street Parking Ramp as a rain site for Dubuque and All That Jazz from June 16 through September 5. 2000. Suggested Disposition: Receive and File; Approve . 10 . 21. Business Licenses RESOLUTION Granting issuance of a permit to sell Cigarettes and Cigarette Papers to 38 City of Dubuque businesses. RESOLUTION Granting Issuance of a Class "B" Beer Permit to Pizza Hut #1 and #2 and Class "C" Beer Permit to Hy-Vee #1 RESOLUTION Granting Issuance of a Class "C" Beer/Liquor License to Murph's South End Tap, American Legion Post #6, Riverside Bowl, Paul's Tavern, Jym's Bar, Creslanes Bowling, Diamond Jo Portside; Class C "BW" Beer/Wine Permit to Four Season Buffet; Class "WB" Wine Permit to Ooh La La and Hy-Vee #1 Suggested Disposition: Receive and File; 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. Jeanne F. Schneider 1 :00 p.m. June 15, 2000 . 11