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06 19 00 Skeleton Sheet , \ . . . CITY COUNCIL REGULAR SESSION, JUNE 19, 2000 COUNCil MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM ,/ ~~,' ./ .. .;: ,l PRESENT: MAYOR DUGGAN, COUNCIL MEMBERS BUOL, CLINE, MARKHAM, MICHAL~I, NICHOLSON, RO~INS CITY MANAGER MICHAEL VAId MILLlGEN, CORPORATION COUNSEL~ARRY LINDAHL ABSENT: Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. INVOCATION: Father Scott Bullock, Director of Seminarians, Archdiocese of Dubuque j, \J " !N Ayes Nays /{lr' Markham I Michalski Nicholson Robbins Buol ( Cline Duggan 1 f '0 / rf~ \ '\ ~ \ ). !P i " \ 1 \ /1/9 .J '1'7.~ ,f(W ~, l ~y / '1,f l ~ [/4 .. ~p ~ ~ I. .jJ. if I/~' \f:~ p y ~C. ~f V I C); I. ) Y " ~ Y . 'J! . 'I.~~ {I) nOJ!' /~ y . /':1 .jv /1' I' C~tI";', ~ /111 v c.~' Ii j'l l. n .,01 tJ . 1"VJT tfr \), ,I \. "1 ~,~ '.I/I..'$; Ge f f) 1.ot;l1" ) v "I, / ~I \i I J j 'f' ry l~~ 'm rJJ I . . . CONSENT ITEMS 1. Minutes Airport Commission of 4/24 and 5/31; Civil Service Commission of 5/23; Community Development Advisory Commission of 5116; Historic Preservation Commission of 5118; Housing Commission of 4113; 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 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 Ayes V ./ / / / / / Nays Markham a Michalski (j Nicholson Robbins Buol Cline Duggan 2 . . . 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 ~.%-0 t:I~ Adopting Supplement #45 to the City of Dubuque Code of Ordinances. Suggested Disposition: Receive and File Communication; Adopt Resolution \ \ Ayes Nays Markham Michalski Nicholson Robbins Buol Cline Duggan 3 . . . 5. Subdivision Plat - 14020 North Cascade Road Request of Richard Stoffel, 14020 North Cascade Road, to subdivide an existing lot into three lots. RESOLUTION c:?t?5 -CJtf Approving the Final Plat of Stoffel Acres Subdivision in Dubuque County, Iowa. Suggested Disposition: Receive and File Communication; Adopt Resolution 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 /?~,:;/ /l4 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 %? c.nr 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 Ayes Nays Markham Michalski Nicholson Robbins Suol Cline Duggan 4 . . . 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 .;:?t:F-C'1I 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 ~ 9- # 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 ?7c:J -c9-tJ in the City of Dubuque, Iowa Approving the Final Plat of Emerald Acres No. 1 Suggested Disposition: Receive and File Communication; Adopt Resolution Ayes Nays Markham Michalski Nicholson Robbins Buol Cline Duggan 5 . . . 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 c3? / --tJtJ 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 Ayes Nays Markham Michalski Nicholson Robbins Buol Cline Duggan 6 . . . 14. Mainstream Program Funding Application City Manager recommending submittal of an application to HUD for funding of the Mainstream Program. RESOLUTION ;3 7cPJc:915 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 ;:? 7,3J(9ZJ Authorizing an application to the Iowa Department of Economic Development for Local Housing Assistance Program Funds Suggested Disposition: Receive and File Communication; Adopt Resolution Ayes Nays Markham Michalski Nicholson Robbins Buol Cline Duggan 7 . . . 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 C3 '/L/'~'J 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 Ayes Nays Markham Michalski Nicholson Robbins Buol Cline Duggan 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 Ayes Nays Markham Michalski Nicholson Robbins Buol Cline Duggan 8 . . . 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 21 . Business licenses RESOLUTION 8 "/:5 ~#tJ Granting issuance of a permit to sell Cigarettes and Cigarette Papers to 38 City of Dubuque businesses. RESOLUTION ;? /' b - &-t/ Granting Issuance of a Class "B" Beer Permit to Pizza Hut #1 and #2 and Class "C" Beer Permit to Hy-Vee #1 RESOLUTION C -:; -;7 "l../}-iJ 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 Ayes Nays Markham Michalski Nicholson Robbins Buol Cline Duggan 9 . . . 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 /,f}oil-' /::~/ Housing Commission: David J. Kal5/er, Dan Teply,. :>fO Transit Board of Trustees: Harry J. Bemis 1,0 TV Cable Regulatory Commission: Charlie Ellis Appointments to the following Boards/Commissions: q"1/ -1,0 Historic Preservation Commission: Kenneth C. Kringle (Cathedral District); Jim Gibbs, Alfred S. Smemo, Joseph Ungs (At-Large) KRINGLE GIBBS SMEMO UNGS Markham ./ . Michalski / Nicholson ./ Robbins ./ Buol / Cline ./ Duggan / 10 . . . Long Range Planning Advisory Commission: Chris Curfman, Dr. Mary Lynn Neumeister, Rick Stein Curfman Neumeister Stein Markham ;/ / Michalski / ./ Nicholson / ./ Robbins ,/ / Suol 1/ / Cline / / Duggan ,/ / Park and Recreation Commission: Kim Daykin, Chuck Duggan, Gary Harjehausen, Robert C. Timmerman ~ ,/ ~Ykin Duggan Harjehausen Timmerman Markham ,/ / Michalski ,/ / Nicholson ",/ ./ Robbins v / Suol i/ / Cline / / Duggan ,/ / 11 . . . Zoning Advisory Commission: Stephen F. Hardie, Ferd Nesler, Robert W. Nagle, Michael F. Portzen Hardie Nesler Nagle Portzen Markham / ./ Michalski / ./ Nicholson ./ / Robbins / / Buol /' ./ Cline / / Duggan / / # -I J~; .f.J /~ > ~ ! I /~1lC: }/~J ) . 1~/ /1/ . f (lJf r ! ":;P11J/' . ~/f (1'1? . I /'/ vii 12 PUBLIC HEARINGS . Suspend the rules to allow public input Ayes Nays 1/0 c/ Markham / @ Michalski j ;) Nicholson &Robbins J Buol / Cline / Duggan 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 5GJ -n 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" A" . tJfI>> lJ . \JlJ ril i fJ I rl I vl" / j . /J? i ~.. 01 . /.v ,/ / / f tfif. d!) f^ /11" ,f 0{ / 1!~/ I "rj r l!I~ Ayes Nays Markham Michalski Nicholson n/Robbins Lft) Buol Cline Duggan v It I"~ J" Ii U ./ ,/ / / / / l3 '\f\ 11 .', , / )~1 ~v . lD~J l)0 .rt\ " ,; ~\ 1\J ) ~' ,J ~ I \r .I , ) ~~ \ ; ~V ' "I f R~t t ~l~} I .~ ,/1) ) , , uf\ \r~ I 1~ I ,1 <(If f) l~ ,P I ~ . ~ ),~ / I / ~ j), 1.1. l ' P, ~J " 0 j.u J.' JJ' j fl, :y;; /,', wI i (/1 lDp f )V }~ if f (tIlJ \ \~ II" rt ( /te:(M /(/ . u rl~ V ~frV/') l P l If' i ,II J;. fo ' . )J !d1l'/ pi' ~ t ", 11 ; ! I , 0, ;11 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 d71/,F .cJtf Adopting plans and specs for project RESOLUTION ,3 77', ,~ 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 r?$C7 -cf-tJ Ordering bids and directing Clerk to advertise n) S"..~tod D;.,o,;'o", Race;" aod ,n. "'001" Adopt R~ol".o.. ,.~. /y7', Nays A /' ;;j/f)"L'J J / r.!J Markham r . ~r "!!f! / Michalski ~/d Nicholson / . r/t. i ~ (jJ :~:~ins r). l Vietf! .~ / Cline ~ 1 -:II ./ Duggan . yvO{j; jII . 11).tjfl '/ ,11' pt J (~ lJ1 'j ~ jJ f" j ;f: / 'I/f~ V~)/{) p{J )I-Y.AlI '. . )' AJ , ." {Iv ;;J tv'~tP Y fl A-' ,;1- ~<J1v;r,/ J IJ/. V ,(I'J 1;' j ~ ! I # j~ Puy rV . /'1 rl 0 f'" 14 ~,' 1'\ l~ f ./J J ~ ,art" l ~ rjl p1l ~ ' I. ~f , 3. . L3 . . 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 ag/.,t:?1J Disposing of City interest in Monroe Avenue (a/k/a Louise Lane), Dubuque, Iowa. Suggested Disposition: Receive and File Proof and Communication; Adopt Resolution 110 AY~ Nays ,/ ~ Markham / Michalski / Nicholson / Robbins / @ Buol / Cline / Duggan 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 c3 g;? -;;:HJ Adopting plans and specs for project RESOLUTION 8Y3"t97J Awarding contract for project to Winger Construction in the amount of $40,869 Suggested Disposition: Receive and File Proofs and Communication; Adopt Resolutions Ayes Nays ,,/ Markham ,/ Michalski 1/0 ,/ g Nicholson / I Robbins / Buol / Cline / Duggan 15 . . !. REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL /)' C) Ayes ,/ / / / / / / Nays Markham C~ Michalski /J Nicholson &Robbins Buol Cline Duggan ACTION ITEMS 1. Tara Winger Request of Tara Winger to address the Council. Suggested Disposition: Receive and File , l .f)0 /~O Ayes Nays ,/ Markham ,/ (j) Michalski / Nicholson / Robbins / Buol / ~Iine Duggan ./ 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 . 5/ ~,cjp Authorizing Inside Decor to construct projecting sign at 113 Main St. Suggested Disposition: Receive and File Communication; Motion "B"; Motion "A" 1/0 c/ ,/ ,/ / / / / Ayes Nays Markham Michalski {j Nicholson Robbins (l) Buol Cline Duggan 16 l)!}.\J ' ,t' @~( l ) l'J ~ ~ ,0~ /~ )? ~ ~ I\f) f i l/) II) J J 'J'IOIJ )... v~. '(' I If . b I J/,~rll! V, l ) } { ,t ~I I ~) ~{I ;l 'I flf.l' I . . . 3. Right-ot-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 5CJ 'c/{/ Authorizing Lamar Advertising to construct an on- premise projecting sign at 1690 Elm Street. Suggested Disposition: Receive and File Communication; Motion "B"; Motion "A" 1,0 Ayes ,/ , / / / / / / Nays Markham ~ Michalski Nicholson ~ Robbins Buol Cline Duggan 4. Right-ot-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 .5.3-(9P Authorizing Michael P. Brannon and Stasia L. Brannon (dba Brannon Monument Co.) to construct an awning Suggested Disposition: Receive and File Communication; Motion "B"; Motion "A" V Ayes Nays 0 Markham / Michalski / (j Nicholson / Robbins 1/0 ,/ Buol /' Cline /' Duggan 17 ;/ o~ :)Vf) .f j) I~ v i v f ' f /11;\1 , . "' /' / } V ,y/ / . ^ ~ 61) / . I , · ~ '. ';(1 1 !) ) . II pI / fU,) J)/' f ~, I I i If . . . 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 Softball League expressing support for the Riprow Valley Park Development. Suggested Disposition: Receive and File; Concur with Recommendation Ayes / / / / / / / Nays Markham 9 Michalski Nicholson Robbins (j) Buol Cline Duggan 18 J ( ~ 'I ..; I LJ~' r . . . ,7/ f' Demolition Permit City Manager recommending that a request for a demolition permit at 1672 Central be referred to the Historic Preservation Commission and that the permit be withheld for up to ninety days. , fl'~ Suggested Disposition: Receive a ~e; Concur with Recommendation 1/ If I,/Jlyes Nays / " ,/ Markham f I'}" , / /) ,,' ?;?Nicholson j/Jr. }1' / Robbins' -!r / Buol 1 / Cline / Duggan 1#:1 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 d3<-/-(9/ Establishing fair market value for the acquisition of certain real property owned by Plastic Center, Inc. Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays ./ Markham ./ ~ Michalski "-:;; Nicholson / Robbins (i) Buol / Cline Duggan 19 / oil · @ , ,~ l" /~ .) \} t V ",tf! ,AIF r, I gf i (; )jI / I ~ ~ ,~~ u)jl) l 1 .. 41))1 i j / \ /~, ~ kl( j~t . f~r -~-- Jf? D~velopment Agreement with Platin . City Manager recomme d' urn Hospitality Group LLC H . . n Ing approval of D ' a~~~~ah~y Group, LLC, the attached land alea~~el~~ent Agreement with Platinum e onventlOn Center Facility Managemen't Alnlmum Assessment Agreement greement. ' Presentation by Ji R' , m IX, Chief Executive Officer of PI t" a Inum Hospitality Grou LL Suggested Disposition: Receive and File' A p, C, , pprove Recommendation . ,JlD 1 IJ l' 6 Ii' n6 "r / ,/ / / / / / Ay'ZJ. Nays (j' Markham Michalski Nicholson Robbins (!) Buol Cline Duggan 1/a COUNCIL MEMBER REPORTS . (,~ /??~4~ ~C42~ ,~-:Ud~~p~r~A--- C'~~ /'.~;: /! , /'~ /'?/tftj '. ~.A>';:1/"- &,0 ,;k;AZj/ifof~ ~ $I ~<I~ -:/ /1/ // __- U L- .//~r,,-~ ~~~~~ok ~j"/J/ / (/' /~~~J~vA> /Jy?:'d;f;at'~ptJ - C-a-?./ zU;;z.c;4-/J /#~f "f~-~~~ d~~~ ,.~~~~L~ -~~ ~~-:..~ _ /~~P.~Jt:5 ~A ~ kJ ~~~ 20 . Jll t ! rip , / A) L t ,J (I pl u I 1.1~ /I fA , {I (' I / i\; ~/lt .Jf;IJ../ J L ,01, / ,I (J ~r'~ . . . 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 uBu; Motion uDu; Public Hearing July 5, 2000 '1/0 /; Ayes t/ /' / :/ / / Nays Markham Michalski @ Nicholson Robbins f!) Buol Cline Duggan 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 uBu; Motion uOu; Public Hearing July 5, 2000 Ayes Nays / Markham /' o Michalski /' Nicholson / & Robbins / Buol / Cline / Duggan 21 . . . 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 /1,0 / qJ~' /j !'../!k! '~ AY)'^ 1,1/ ?! Ayes ,/ / / / / / / Nays Markham Michalski tfiJ Nicholson Robbins (j Buol Cline Duggan 22 . . . 4. Conceptual Development Plan - Plastic Center, Inc. Request of Buesing & AssociateslPlastic 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 "D"; Public Hearing July 17, 2000 1/{} Ayes Nays / I;;) Markham ./ f7/ Michalski ./ Nicholson ./ Robbins /. () Buol / Cline ./ Duggan 23 . . . 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 Ci}8':.-L.) - cJ't/ Preliminary approval of plans and specs for project in estimated amount of $270,000. RESOLUTION c3f:?&" tJ-t/ August 7, 2000. RESOLUTION C)fi"?t7tJ Fixing date of hearing on plans and specs for Ordering bids and directing Clerk to advertise. Suggested Disposition: Receive and File Communication; Adopt Resolutions "rL1 Ayes ./ / / / / / / Nays Markham @ Michalski Nicholson Robbins Buol (i) Cline Duggan 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. Motion to Adjourn )l'/c:1:3 Ayes v@ ./ ./ / / / ,/ Nays Markham Michalski Nicholson Robbins tV Buol Cline Duggan 24 e e . CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, June 19, 2000 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. Invocation was given by Father Scott Bullock, Director of Seminarians, Archdiocese of Dubuque. Minutes Submitted: 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, upon motion received and filed. Acting Finance Director Gerald Hird submitting the Finance Reports for month ending May 31, 2000, upon motion received and filed. 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, upon motion referred to the Legal Dept. for investigation and report. 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, upon motion received and filed and concurred with recommendation. Corporation Counsel recommending denial of the towing expense reimbursement claim of Diana Jean Grob and the motorcycle damage claim of Chuck Minnick, upon motion received and filed and concurred with recommendation. Katie Gustafson submitting her resignation from the Environmental Stewardship Advisory Commission, upon motion received and filed. 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, upon motion received and filed. 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, upon motion received and filed. 1 City Manager recommending adopting of Supplement #45 to the Code of Ordinances, upon motion received and filed. Michalski moved adoption of Resolution No. 264-00 Adopting Supplement #45 to the City of Dubuque Code of Ordinances. Seconded by Nicholson. Motion carried 7-0. Request of Richard Stoffel, 14020 North Cascade Road, to subdivide an existing lot into three lots, upon motion received and filed. Michalski moved adoption of Resolution No. 265-00 Approving the Final Plat of Stoffel Acres Subdivision in Dubuque County, Iowa. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed. Michalski moved adoption of Resolution No. 266-00 Approving the Final Plat of Lots 1, 2, A, Band C of South Fork Industrial Subdivision No.1. Seconded by Nicholson. Motion carried 7-0. Request of Ron Smith to replat the property line between Mount Calvary Cemetery and Loras Estates Subdivision, upon motion received and filed. Michalski moved adoption of Resolution No. 267-00 Approving the Plat of Survey of Lot 1 and Lot A Loras Estates No.2 in the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0. Request of Julien Nemmers to approve the Minor Final Plat of Cedar Ridge Farm Place No.3, upon motion received and filed. Michalski moved adoption of Resolution No. 268-00 Approving the Final Plat of Cedar Ridge Farm Place No. 3 in the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0. Request to subdivide property located east of BMR Lane on the north side of Humke Road into six single family lots, upon motion received and filed. Michalski moved adoption of Resolution No. 269-00 Approving the Final Plat of Lots 1 thru 6, inclusive, of Paradise Heights Subdivision in Dubuque County, Iowa. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of the Final Plat of Lots 1 thru 27, inclusive, Lots A, B, and C, of Embassy West No.3, upon motion received and filed. Michalski moved adoption of Resolution No. 270-00 Approving the Final Plat of Emerald Acres No. 1 in the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed. Michalski moved adoption of Resolution No. 271-00 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. Seconded by Nicholson. Motion carried 7-0. Submittal of the Ninth Amendment to the City Manager's Employment Agreement for approval, upon motion received and filed and approved. 2 e e . Library Director Tom Moran submitting "A Study of Public Library Governance and Funding Options in Dubuque County, Iowa," upon motion received and filed. City Manager recommending submittal of an application to HUD for funding of the Mainstream Program, upon motion received and filed. Michalski moved adoption of Resolution No. 272-00 Authorizing the Mayor to execute an application to participate in the Section 8 Housing Mainstream Program. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval to submit two pre-applications to the Iowa Department of Economic Development for Local Housing Assistance Program funds, upon motion received and filed. Michalski moved adoption of Resolution No. 273-00 Authorizing an application to the Iowa Department of Economic Development for Local Housing Assistance Program Funds. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed. Michalski moved adoption of Resolution No. 274-00 Authorizing execution of a renewal annual contributions contract for Section 8 Moderate Rehabilitation Program Contracts Numbers IA0870001/0014; and IA087MR0002/0022. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of an agreement with Mercy Medical Center to provide employee assistance program services, upon motion received and filed and concurred with the recommendation. City Manager recommending a contract with Conventions, Sports and Leisure International to update the Dubuque Convention Center Study that was completed in December 1998, upon motion received and filed and concurred with the recommendation. City Manager recommending that the Police Department towing contract with Wenzel Towing be renewed for an additional three years, upon motion received and filed and concurred with recommendation. 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, upon motion received and filed and approved request. Michalski moved adoption of Resolution No. 275-00 Granting issuance of a permit to sell Cigarettes and Cigarette Papers to 38 City of Dubuque businesses; Resolution No. 276-00 Granting Issuance of a Class "B" Beer Permit to Pizza Hut #1 and #2 and Class "C" Beer Permit to Hy-Vee #1; Resolution No. 277-00 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. Seconded by Nicholson. Motion carried 7-0. 3 BOARDS/COMMISSIONS Applicants are invited to address the Council to express their desire to serve on the following Boards/Commissions: CIVIC CENTER COMMISSION. Applicants: Gary Dolphin, Cynthia A. Fuller. No one spoke. HOUSING COMMISSION. Applicants: David J. Kapler, Dan Teply. Mr. Kapler and Mr. Teply both spoke requesting consideration for appointment. TRANSIT BOARD OF TRUSTEES. Applicant: Harry J. Bemis. No one spoke. TV CABLE REGULATORY COMMISSION. Applicant: Charlie Ellis. No one spoke. APPOINTMENTS to the following Boards/Commissions: HISTORIC PRESERVATION COMMISSION. Applicants: Kenneth C. Kringle (Cathedral District); Jim Gibbs, Alfred S. Smemo, Joseph Ungs (At-Large). Upon motion Kenneth C. Kringle reappointed to the Cathedral District position for a three year term which will expire 7-1-03. Upon vote Jim Gibbs reappointed to a three year term which will expire 7-1-03. LONG RANGE PLANNING ADVISORY COMMISSION. Applicants: Chris Curfman, Dr. Mary Lynn Neumeister, Rick Stein. Upon vote Mary Lynn Neumeister and Rick Stein reappointed to three year terms which will expire 7-1-03. PARK AND RECREATION COMMISSION. Applicants: Kim Daykin, Chuck Duggan, Gary Harjehausen, Robert C. Timmerman. Upon vote, Kim Daykin reappointed and Chuck Duggan appointed to three year terms which will expire 6-30-03. ZONING ADVISORY COMMISSION. Applicants: Stephen F. Hardie, Ferd Nesler, Robert W. Nagle, Michael F. Portzen. Upon vote Stephen F. Hardie reappointed and Robert Nagle appointed to three year terms which will expire 7-1-03. Upon motion it was resolved to suspend the rules to allow anyone present to address the Council if they so desire. 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, and Communication of Long Range Planning Commission supporting the A.Y. McDonald rezoning, upon motion received and filed. Attorney Steve Juergens representing A. Y. McDonald Mfg. Co., spoke in support of the rezoning. Ordinance No. 50-00 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, with first and second readings given on 5/15/00, now presented for final action. Buol moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7-0. 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) and Communication of William R. Knudson, 641 North Burden Street, in opposition to the project, upon motion received and filed. Liz Picker, 645 N. Burden, John Snider, of 624 N. Burden, and Brian Hyde, 627 N. Burden all spoke stating the need for reconstruction of the street but against the installation of the 4 ..""."""._~~..."~ '.." . . . ..", sidewalks. William Knudson of 641 N. Burden stated the street is ok as is with proper care. Mary Mueller and Terry Mueller of 642 N. Burden spoke stating their assessment is the largest and objected to sidewalks. Jack Williams of 2824 Burden spoke questioning specifics of the sewer design, the removal of trees and recommended the burying of power lines. Markham moved to remove the sidewalk project from the N. Burden street area only. Seconded by Cline. Motion carried 7-0. Markham moved adoption of Resolution No. 278- 00 Adopting plans and specs for project. Seconded by Buol. Motion carried 7-0. Markham moved adoption, as amended, Resolution No. 279-00 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). Seconded by Buol. Motion carried 7-0. Markham moved adoption of Resolution No. 280-00 Ordering bids and directing Clerk to advertise. Seconded by Buol. Motion carried 7-0. 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, upon motion received and filed. Buol moved adoption of Resolution No. 281-00 Disposing of City interest in Monroe Avenue (a/k/a Louise Lane), Dubuque, Iowa. Seconded by Markham. Motion carried 7-0. 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, upon motion received and filed. Robbins moved adoption of: Resolution No. 282-00 Adopting plans and specs for project; Resolution No. 283-00 Awarding contract for project to Winger Construction in the amount of $40,869. Seconded by Nicholson. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. Request of Tara Winger to address the Council. Ms. Winger spoke of problems with the City. Upon motion it was resolved that the City Manager review this and send a copy to the County Supervisors. Communication of City Manager recommending approval of a projecting sign in the public right-of-way at 113 Main Street (Inside Decor), upon motion received and filed. Ordinance No. 51-00 Authorizing Inside Decor to construct projecting sign at 113 Main St., presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Communication of City Manager recommending approval of a projecting sign in the public right-of-way at 1690 Elm Street (Lamar Advertising), upon motion received and filed. Ordinance No. 52-00 Authorizing Lamar Advertising to construct an on-premise projecting sign at 1690 Elm Street, presented and read. Robbins moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. 5 Communication of City Manager recommending approval for construction of an awning in the public right-of-way at 1310 White Street (Brannon Monument), upon motion received and filed. Ordinance No. 53-00 Authorizing Michael P. Brannon and Stasi a L. Brannon (dba Brannon Monument Co.) to construct an awning, presented and read. Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. 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 Softball League expressing support for the Riprow Valley Park Development, upon motion received and filed and concurred with recommendation. City Manager recommending that a request for a demolition permit at 1672 Central be referred to the Historic Preservation Commission and that the permit be withheld for up to ninety days, upon final motion approved request for demolition immediately. At 7:56 P.M. Mayor Duggan turned control of the Meeting to Mayor Pro-Tem Nicholson due to potential conflict of interest and left the Chambers. 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, upon motion received and filed. Buol moved adoption of Resolution No. 284-00 Establishing fair market value for the acquisition of certain real property owned by Plastic Center, Inc. Seconded by Michalski. Motion carried 6-0. At 7:57 P.M. Mayor Duggan then returned to the Chambers and took control of the meeting. 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 and presentation by Jim Rix, Chief Executive Officer of Platinum Hospitality Group, LLC., upon motion received and filed and concurred with the recommendation including the amended Development Agreement. Mr. Rix spoke and introduced others involved with the potential development who also spoke: Barry Thalden, President of Holden Entertainment Architects and Charles Neumann an official of Water Technology Parks. 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, upon motion received and filed. An 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 6 .~ ,.----.- . e e e Streets from R-2 Two-Family Residential District to R-2A Alternate Two-Family Residential District, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the Council meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 5th day of July, 2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publiSh notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed. An 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, presented and read. Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the Council meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 5th day of July, 2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Robbins. Motion carried 7-0. 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, upon motion received and filed. An 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., presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the Council meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 5th day of July, 2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed. An 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., presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the Council meeting 7 at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 17th day of July, 2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. City Manager submitting documents providing for initiation of the bidding process for Renovation of the Bunker Hill Building project. upon motion received and filed. Cline moved adoption of: Resolution No. 285-00 Preliminary approval of plans and specs for project in estimated amount of $270,000; Resolution No. 286-00 Fixing date of hearing on plans and specs for August 7, 2000 at 6:30 P.M. in the Public Library Auditorium; and Resolution No. 287-00 Ordering bids and directing Clerk to advertise. Seconded by Michalski. Motion carried 7-0. There being no further business. upon motion meeting adjourned at 9:03 P.M. ?:~ Jeanne F. Schneider City Clerk 1t 6/28 8 :==1<,...",.,-....,."..:p~ .c,',~. _";.,,'-'_~. ." ,...~ ..~.,"..... . .,., .~ _~.,., " . - ,?Yl"",,\,;., ",_,.'~"."__,., ""~ -,,,,,,,''ll:..~.'~-, TO: JEANNEF.SCHNBDER CITY CLERK YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE CITY COUNCIL TO BE HELD ON MONDAY, JUNE 19, 2000, AT 6:30 P.M., IN THE LIBRARY AUDITORIUM TO ACT UPON SUCH BUSINESS WHICH MAY PROPERLY COME BEFORE THE COUNCIL. ~ MAYO 6/19/00