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07 17 00 Agenda BOARD OF HEALTH 6:20 P.M., MONDAY, JULY 17,2000 LIBRARY AUDITORIUM Communication of Public Health Specialist Mary Rose Corrigan regarding update on City Board of Health Dissolution Transition Process. AGENDA DUBUQUE CITY COUNCil MEETING 6:30 P.M., MONDAY, JULY 17, 2000 LIBRARY AUDITORIUM INVOCATION Rev. Ed Brady Pastor, Faith United Methodist Church CONSENT ITEMS (SEE PAGES 6 THROUGH 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: Housing Advisory Trust Fund Committee: Doris Hingtgen Appointments to the following Boards/Commissions: Historic Preservation Commission: Christopher J. Wand (Architect/At Large) Investment Oversight Commission: Paul Lassance, Hiram Melendez Plumbing Board: Stanley G. Gonner (Master Plumber) 1 PUBLIC HEARINGS 1. 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. Petition from the residents of the St. Celia Street area neighborhood regarding the proposed development by Plastic Center, Inc. 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. (1st and 2nd readings on 6/19/00) Suggested Disposition: Receive and File Communication; Motion A 2. 3556 Crescent Ridge Rezoning Request of R. J. Schiltz to rezone property of Larry & Sharon McDermott at 3556 Crescent Ridge from PUD Planned Unit Development with a PR Planned Residential District designation and AG Agricultural District to R-1 Single Family Residential; communication of Zoning Advisory Commission recommending approval of the request; proof of publication on Notice of Public Hearing to rezone property at 3556 Crescent Ridge. ORDINANCE amending Appendix A (the Zoning Ordinance) of the City Code of Ordinances by reclassifying property at 3556 Crescent Ridge from Planned Unit Development with a PR Planned Residential Designation and AG Agricultural District to R-1 Single Family Residential. Suggested Disposition: Receive and File; Motion B, Motion A. 3. Hartig Drug Store, NW Corner of Central Ave. & Kaufmann, Rezoning, Request of Hartig Realty IV, Richard J. Hartig, to rezone existing Hartig Drug Store the NW Corner of Central Ave. & Kaufman location from C-4 Downtown Commercial to C-3 General Commercial District, communication of Zoning Advisory Commission recommending approval of the request and proof of publication on Notice of Public Hearing to amend the Zoning Ordinance. ORDINANCE amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located at 2225, 2235, 2239-2241 Central Avenue from C-4 Downtown Commercial District to C-3 General Commercial District. Suggested Disposition: Receive and File; Motion B, Motion A. 2 4. The Finley Hospital, 350 N. Grandview, Expansion of ID Institutional District Request of The Finley Hospital, 350 N. Grandview, to expand The Finley Hospital ID Institutional District to allow construction of a new medical office building and off-street parking; communication of Zoning Advisory Comm. recommending approval of the request; proof of publication on Notice of Public Hearing to amend the Finley Hospital's ID Institutional District. ORDINANCE amending Appendix A (the Zoning Ordinance) of the City Code of Ordinances providing for the amendment of Ordinance 1-93 by approving an Amended Conceptual development Plan for the Finley Hospital ID Institutional District and reclassifying hereinafter described property located in the 1400 block of University and including Allison Place from R-2 Two Family Residential District to ID Institutional District. Suggested Disposition: Receive and File; Motion B, Motion A. 5. Amendment of Oak Meadow PR Planned Residential District Request of Jim Stock to amend PR Planned Residential District for Oak Meadow II to allow construction of a new private street and 14 additional condominium units in 7 buildings on the south side of Brunskill Road and Deerwood Circle; communication of Zoning Advisory Commission recommending approval with one condition, that the proposed street be constructed with 25' wide paving and 30' right of way with no parking allowed on either side; proof of publication on Notice of Public Hearing to amend the PR Planned Residential District. ORDINANCE amending Appendix A (the Zoning Ordinance) of the City Code of Ordinances by reclassifying property at 2702 Brunskill Rd. from R1 Single Family Residential District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting an amended Conceptual Development Plan, with conditions, for Oak Meadows Condominiums. Suggested Disposition: Receive and File; Motion B, Motion A, as amended. REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL ACTION ITEMS 1. Menard, Inc. Communication of Thomas W. O'Neil, Menard, Inc., requesting a re-hearing before the City Council. Iowa Department of Transportation submitting update of alternate corridors for the Southwest Arterial, with specific consideration of the alignment of the connection to U.S. 20. Suggested Disposition: Receive and File; Council 3 2. Harrison Street Parking Restriction City Manager recommending a proposed change in the "No Parking" zone which exists on both sides of Harrison Street, from Railroad Ave. to its northerly terminus, which would create a new parking district prohibiting the parking of semi-trailers. ORDINANCE amending City of Dubuque Code of Ordinances by adding a new Section 32-267.1 providing for the establishment of Parking Restrictions for Semitrailers on designated Streets or Portions thereof and adding certain portions of Harrison Street. ORDINANCE amending Section 32-262(D) of the City Code Prohibiting Parking on Designated Streets or portions thereof by deleting certain portions of Harrison Street. Suggested Disposition: Receive and File; Motion B, Motion A 3. Enterprise Zone I - Ice Harbor, Expansion City Manager recommending the filing of the application for Enterprise Zone Certification for the expansion of Enterprise Zone 1 to include the 4th Street Peninsula/Ice Harbor area. RESOLUTION authorizing the Filing of an Application with the Iowa Department of Economic Development Requesting Enterprise Zone Certification of an Expansion of the Existing Enterprise Zone - 1 in the City of Dubuque. Suggested Disposition: Receive and File; Adopt Resolution 4. Train Speed City Manager advising of IA Dept. of Transportation's denial of City's request to lower the maximum allowable train speed through the City and requesting direction. Suggested Disposition: Council 5. Long Range Planning Advisory Commission Liaison Zoning Advisory Commission Chair Eugene Bird requesting reconsideration of a request to maintain a liaison with the Long Range Planning Commission, and consideration of a compromise solution of the Commissions conducting joint work sessions when needed. Suggested Disposition: Receive and File; Council 6. Board of Health Dissolution City Manager recommending the City Council dissolve the City Board of Health and allocate $15,000 to the County Board of Health Dept. for the next three years to assist in funding the public health priorities. ORDINANCE amending the City of Dubuque Code of Ordinances by Repealing Sec. 23-1 Providing for a Board of Health; By Repealing Sec. 23-3 Providing for the Conduct of Appeal by the Board of Health; By amending Sec. 7-75 and 7-81 relating to Dangerous Animals. Suggested Disposition: Receive and File; Approve; Motion B, Motion A 4 7. Additional Housing Employee City Manager requesting an additional staff person for the Section 8 Housing activity. Suggested Disposition: Receive and File; Approve 8. Phase I Fourth Street Peninsula Plan City Manager recommending to authorize the City Manager to execute the contract for services for Phase I of the Fourth Street Peninsula Master Plan with The Durrant Group, Inc. Suggested Disposition: Receive and File; Concur COUNCIL MEMBER REPORTS ITEMS TO BE SET FOR PUBLIC HEARING 1 . 61-65 South Algona Street Vacation City Manager recommending public hearing be held on 8/7/00 to vacate portion of an alley between 61 and 65 South Algona. RESOLUTION approving Plat of proposed vacated Alley between 61 and 65 South Algona Street. ORDINANCE vacating the alley between 61 and 65 South Algona Street. RESOLUTION advising of intent to dispose of City interest in Lots 7 A and 8A in O'Neill's Subdivision No.3 in the City of Dubuque, Iowa. Suggested Disposition: Receive and File; Adopt Resolutions; Motion B, Motion D Set Hearing for 8/7/00 2. Fifth Street Reconstruction, Iowa to Main Street City Manager submitting documents providing for reconstruction of street and sidewalk improvements for a portion of Fifth Street from Iowa to Main Street. RESOLUTION Preliminary approval of plans and specs for project in estimated amount of $234,062.18. RESOLUTION Fixing date of hearing on plans and specs for August 7, 2000. RESOLUTION of Necessity. RESOLUTION Fixing date of hearing on Resolution of Necessity. RESOLUTION Approving preliminary schedule of assessments. Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 8/7/00 5 3. Parking Lot at Third and Main Streets City Manager submitting documents providing for initiation of the bidding process for the cur.struction of a parking lot at Third and Main Streets. RESOLUTION Preliminary approval of plans and specs for project in estimated amount of $55,460.76. 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; Set Public Hearing 8/7/00 CONSENT ITEMS 1 . Minutes Airport Commission of 6/26; Historic Preservation Commission of 6/15; Housing Commission of 6/28; Park and Recreation Commission of 6/13; Public Library Board of 5/25; Kenneth J. TeKippe submitting the Financial Report for the month ending June 30, 2000. Proof of publication of Council Proceedings for 5/18. Printed Council Proceedings for April, 2000. Suggested Disposition: Receive and File; Approve as Printed 2. Notice of Claims/Suits Lois and Joseph Stelken in estimated amount of $396.73 for vehicle damage; Farm Bureau Mutual Ins. Subrogation Claim for Robert Gruel in estimated amount of $810.00 for property damage; Robert E. Welu in an undetermined amount for personal injury. Suggested Disposition: Receive and File; Refer to Legal Dept for Investigation 3. Town Clock Plaza Communication and petition from David W. Leifker to preserve the Town Clock Plaza. Communication of Casey J. Arensdorf expressing his opinion on the opening of the Town Clock Plaza. Suggested Disposition: Receive and File 4. Citizen Petition Petition of residents of Douglas, Parkway, Langworthy, and College Streets regarding the upcoming reconstruction of their streets and the installation of water shut-off boxes. Communication of City Manager advising that requested stop boxes are being used. Suggested Disposition: Receive and File 6 5. Residential Parking Permit District Communication of Chris Austin requesting that 1961 and 1975 North Grandview be added to the Residential Parking Permit District C (Senior High School area). Suggested Disposition: Receive and File; Refer to City Manager 6. Guarantee Agreement City Manager recommending acceptance of the Guarantee Agreement for the purchase of the Klauer property in Riprow Valley. Suggested Disposition: Receive and File; Concur 7. Assignment Agreement for Prodigy Daycare City Manager recommending assignment of the grant agreement to Prodigy Child Development, Inc. under the new ownership of Alan Arzu. RESOLUTION consenting to an Assignment Agreement for Kinderland Learning Center (Prodigy, Inc.) Child Care Initiative Grant to Prodigy Child Development, Inc. Suggested Disposition: Receive and File; Adopt Resolution 8. Department of Natural Resources The Iowa Department of Natural Resources submitting the Wastewater Compliance Evaluation Inspection report for the Water Pollution Control Plant. Suggested Disposition: Receive and File 9. Cable Community Teleprogramming Commission Cable Franchise Administrator Merrill Crawford advising of the vacancy on the Cable Community Teleprogramming Commission. Suggested Disposition: Receive and File 10. Grand Excursion 2004 Event City Manager recommending City's support and participation for the Grand Excursion 2004 Event. RESOLUTION supporting the Planning for the Grand Excursion 2004 Event. Suggested Disposition: Receive and File; Adopt Resolution 11 . Alcohol Violation Civil Penalty City Manager recommending to assess $500 Civil Penalty against the Walnut Tap for selling alcohol to an underage person. Suggested Disposition: Receive and File; Concur 12. Civil Service Commission Civil Service Commission certifying the eligibility lists for Account Clerk I and Lead Public Safety Dispatcher. Suggested Disposition: Receive and File; Make a Matter of Record 7 13. Housing Trust Fund Award City Manager recommending approval of a Local Housing Assistant Program award to Scott and Dawn Potter for construction of a single room occupancy (SRO) facility on Garfield Avenue. Suggested Disposition: Receive and File; Concur 14. lOOT TEA-21 Funds Grant Agreement - Railroad Freight House City Manager recommending a grant Agreement with the Iowa Department of Transportation for statewide TEA-21 transportation enhancement funds for the Railroad Freight House Restoration Project in the amount of $629,121. RESOLUTION approving a TEA-21 Grant Agreement with the Iowa Department of Transportation (IDOT) for the Railroad Freight House Restoration Project. Suggested Disposition: Receive and File; Adopt Resolution 15. IDOT TEA-21 Funds Grant Agreement for Railroad Depot Restoration Project City Manager recommending approval of a grant agreement with the Iowa Department of Transportation for local TEA-21 transportation enhancement funds awarded by DMA TS for the Railroad Depot Restoration Project in the amount of $444,100. RESOLUTION approving a TEA-21 Grant Agreement with the Iowa Department of Transportation (IDOT) for the Railroad Depot Restoration Project. Suggested Disposition: Receive and File; Adopt Resolution 16. Historic Preservation Commission - 15th Street Reconstruction Project Historic Preservation Commission requesting to keep the brick pavement on 15th Street between Locust St. and Main St. when it is reconstructed in FY 2004. Suggested Disposition: Receive and File 17. Dubuque Humane Society Purchase of Services City Manager recommending approval of a Purchase of Services Agreement between the Dubuque Humane Society July 12, 2000 and the City of Dubuque for provision of animal shelter services through June 30, 2001. Suggested Disposition: Receive and File; Concur 18. Hillcrest Family Services Usage Agreement for Murphy Park City Manager recommending approval of Hillcrest Usage Agreement for use of Murphy Park from November 1st, 2000 through January 12, 2001 for holiday light display, Suggested Disposition: Receive and File; Concur 8 19. Pre-Construction Agreement, U.S. 20 from Swiss Valley to Devon Dr. City Manager requesting approval of an agreement with IA Dept. of Transportation relating to early right-of-way acquisition for future highway improvements in the U.S. Corridor from the City west corporation line to Devon Dr. RESOLUTION approving an Agreement with the Iowa Department of Transportation relating to early right-of-way acquisitions for future highway improvements in the U.S. 20 Corridor. Suggested Disposition: Receive and File; Adopt Resolution 20. Pennsylvania Ave. Quit Claim Deed City Manager recommending acceptance of a Quit Claim Deed for a right-of-way purchase on Pennsylvania Ave. near the Northwest Arterial from the Assemblies of God Ministers Benefit Assn. RESOLUTION accepting a conveyance of property on Pennsylvania Avenue to the City of Dubuque. Suggested Disposition: Receive and File; Adopt Resolution 21 . Bee Branch Storm Sewer Cleaning Project Acceptance City Manager recommending acceptance of the Bee Branch Storm Sewer Cleaning Project and the final contract be established at $307,175.90. RESOLUTION accepting improvement of the Bee Branch Storm Sewer Cleaning Project. RESOLUTION final estimate in the amount of $307,175.90. Suggested Disposition: Receive and File; Adopt Resolutions 22. Designation of Fiscal Officers for Electronic Investment Transactions City Manager recommending that the Administrative Services Manager, the Finance Director and the Assistant Finance Director be authorized to execute electronic investment transactions with Treasury Direct on behalf of the City. RESOLUTION authorizing certain designated Fiscal Officers of the City of Dubuque to execute electronic investment transactions with Treasury Direct on behalf of the City. Suggested Disposition: Receive and File; Adopt Resolution 23. Designation of Fiscal Officers to sign Checks and Drafts City Manager recommending that the Administrative Services Manager, Finance Director, and Assistant Finance Director to sign checks and drafts on behalf of the City. RESOLUTION authorizing certain designated Fiscal Officers of the City of Dubuque to execute checks on behalf of the City. Suggested Disposition: Receive and File; Adopt Resolution 9 24. Appointment of Finance Director as City Treasurer City Manager recommending that Finance Director Kenneth J. TeKippe be appointed as City Treasurer. RESOLUTION naming Finance Director, Kenneth J. TeKippe, as City Treasurer for the City of Dubuque, Iowa. Suggested Disposition: Receive and File; Adopt Resolution 25. Iowa Communities Assurance Pool Extension City Manager recommending authorization for the City to enter into a three year extension of membership in the Iowa Communities Assurance Pool (ICAP) for insurance coverages (General Liability, Auto Liability, Wrongful Acts Officials Liability, law Enforcement Liability), which covers the period of 7/1/02 through 7/1/05. Suggested Disposition: Receive and File; Concur 26. Mississippi River Discovery Center Wetland Construction City Manager recommending authorization to sign the U.S. Army Corps of Engineers 404 Construction Permit Application for construction of the Mississippi River Discovery Center Wetland Project, the construction of the Harbor Walk and the installation of Boat Docks. RESOLUTION authorizing the City Manager to sign the Corps of Engineers Construction Permit application for the Mississippi River Discovery Center Wetland Construction in the Ice Harbor, the construction of the Harbor Walk around the Edge of the Ice Harbor, and the installation of Boat Docks. Suggested Disposition: Receive and File; Adopt 27. Precision Tool CDBG loan City Manager recommending approval of a financial assistance package to assist the expansion of Precision Tool & Engineering, Inc. RESOLUTION authorizing a commitment letter and execution of a Community Development Block Grant (CDBG) Economic Development loan of $100,000 between the City of Dubuque, Iowa and Precision Tool & Engineering, Inc. RESOLUTION authorizing an Economic Development Administration (EDA) Revolving loan Fund Agreement for the sum of $204,000 between ECIA Business Growth, Inc. and Precision Tool & Engineering, Inc. Suggested Disposition: Receive and File; Adopt Resolutions 28. Fireworks Display Request Dubuque Jaycees, KDTH, KATF, and KGRR Radio requesting permission to conduct a fireworks display on Tuesday, July 3, 2001 on Volunteer Road with a rain date of July 4th. Suggested Disposition: Approve, Subject to Implementation by City Manager 10 . 29. Iowa Inn Project support City Manager adding support to the application for tax credits to the Iowa Inn project. Suggested Disposition: Receive and File 30. Business Licenses RESOLUTION Granting issuance of a new permit to sell Cigarettes and Cigarette Papers to Madhatters, Inc. 1091 Main. RESOLUTION Granting issuance of a renewal of a permit to sell Cigarettes and Cigarette Papers to Sid's Beverage Store, Inc. 2727 Dodge. RESOLUTION Granting issuance of Class B Beer Permit to Four Mounds Foundation and Class C Beer Permit to JFK Amoco and Family Beverage Center. RESOLUTION Granting issuance of a Class C Liquor License to Applebee's Neighborhood Grill and Bar, House of China, Knickers Saloon, Tott's Tap, Loras College and Class B Wine permit to Basket Expressions and Family Beverage Center. Suggested Disposition: Adopt Resolutions PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no formal or official action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. CLOSED SESSION Purchase of Real Estate (Iowa Code 921.5(1 )(j) Pending Litigation (Iowa Code 921.5(1 )(c) Jeanne F. Schneider City Clerk 11