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12 18 00 Agenda . . . CITY OF DUBUQUE AGENDA MONDAY, DECEMBER 18,2000 CITY COUNCIL MEETING CARNEGIE STOUT PUBLIC LIBRARY AUDITORIUM 6:30 P.M. INVOCATION Reverend Greg Bjornstad, Chaplain of Luther Manor CONSENT ITEMS (SEE PAGES 5-8) The consent agenda 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 Code Appeals Board: William J. Kinsella; Robert Schaub; Edward A. Swift Appointment to the following Commission: Human Rights Commission (Three terms expiring 1/1/04): Raydora Drummer; Judith Haley Giesen; Joseph A. Hopkins; Evelyn E. Jackson . . 4. . PUBLIC HEARINGS SUSPEND THE RULES 1. Menard, Inc. - Request for Rezoning Proof of publication on notice of hearing to consider rezoning property located on U.S. Highway 20, southwest of Westsiae 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 designation to allow for dell~~Grent 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 Westslde 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; Motion B; Motion A Hughes Court Investment Co./Schneider Land Surveying - Request for Rezoning Proof of publication on notice of hearing to consider rezoning propert~ located at 3195 Hughes Court from AG Agricultural District to LI Light Industrial District at the request of Hughes Court Investment Co.lSchneider [and Surveying, to allow for consrtruction of a warehouse building. \ C l-t\_, ORDINANCE Amending Appendix A (The Zoning Ordinance) of the City of . Dubuque Code of Ordinances by reclassifying hereinafter described property located at the end of Hughes Court from AG Agricultural District to LI Light Industrial District Suggested Disposition: Receive and File; Motion B; Motion A Kelly- Lane - Request for Rezoning Proof of publication on notice of hearin~ to consider rezoning property located on Kelly Lane (one lot north of 1171 Miller Road) from R-1 Single Family Residential District to R-2 Two-Family Residential District at the request of Leonard Witt, to allow for construction of a duplex. XX ORDINANCE Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along Kelly Lane south of Pego Courffrom R-1 Single Family Residential District to R-2 Two-Family Residential District Suggested Disposition: Receive and File; Concur with Denial; or Motion B/Motion A (Super Majority Vote Necessary) Malo Big 10 Mart - Request for Rezoning (Tabled at meeting of November 20,2000 - Motion to remove from table) \Cl-C\' ORDINANCE Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2120 John F. Kennedy Road from C-2 Neighborhood Shopping Center District to C-3 General Commercial District SU9sested Disposition: Receive and File; Concur with Denial; or Motion B; Motion A (Super Majority Vote Necessary) 2. 3. 2 . 5. Final Assessment Schedule - North Grandview at Delhi Project City Manager recommending approval of the final assessment schedule for the concrete repairs on Grandview at Delhi Project. llCI\t-Cc RESOLUTION Adopting the final assessment schedule for the concrete repairs on Grandview at Delhi project including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the final schedule and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolution 6. Fischer Cold Storage Warehouse and Carriage Building Demolition Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids for the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project and City Manager awarding the contract to Peterson Contractors, Inc. in the amount of $166,100. RE~g~STION Adopting plans and specifications for project RE~6lLbfION Awarding contract to Peterson Contractors, Inc. Suggested Disposition: Receive and File; Adopt Resolutions . REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL . ACTION ITEMS 1. Human Rights Ordinance Thom Determan, Chair of the Human Rights Commission, submitting recommended changes to the Human Rights Ordinance. I({\ _r\r~ \ 'J , '-'\0 ORDINANCE Amending the Code of the City of Dubuque, Iowa by repealing Section 27-27(4) Powers and Duties and enacting a new Section 27-27(4) Powers and Duties in lieu thereof 2. Suggested Disposition: Receive and File; Motion B; Motion A Vision Iowa Application City Manager recommending approval of a Resolution in support of the Vision Iowa Application for funds for America's River for the Mississippi River Conference and Education Center and the Mississippi River Discovery Center and Aquarium at the Port of Dubuque. ~>t('\ -C;(; RESOLUTION of City of Dubuque support for the Vision Iowa Application for funds for America's River for the Mississippi River Conference and Education Center and the Mississippi River Discovery Center and Aquarium at the Port of Dubuque. Suggested Disposition: Receive and File; Adopt Resolution 3 . . . 3. Fifth Street "No Parking" Ordinance City Manager recommending approval of a "No Parking" zone on the north side of Fifth Street and rescinding the back-in angle parking on the recently reconstructed Fifth Street, from Iowa Street to Locust Street. i\t.\~C ORDINANCE Amending the City of Dubuque Code of Ordinances, Section 32- 363(d) prohibiting parking at any time in certain designated zones relating to Fifth Street between Iowa and Locust Streets III -CC ORDINANCE Amending Code of Ordinances of the City of Dubuque, Iowa, by deleting a portion of Subsection (g) of Section 32-263 relating to angle parking Suggested Disposition: Receive and File; Motion B; Motion A 4. "No Parking" in Alley between Alpine and Nevada Streets City Manager recommending approval of parking restrictions in the alley between Alpine and Nevada near West Fifth Street. in response to a petition from residents of the area. OR~}N~NCE Amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa prohibiting parking on designated streets, or portions thereof, by adding the alley between West Fifth Street and University Avenue from Nevada Street to Alpine Street Suggested Disposition: Receive and File; Motion B; Motion A Barge Fleeting on the Mississippi River City Manager recommending that the Riprow Valley site be removed from consideration for barge fleeting on the Mississippi River at the January 15, 2001 public hearing. Suggested Disposition: Receive and File; Concur 6. Request for Proposals - Fourth Street Peninsula City Manager recommending that the City issue a Request for Proposals for Master Planning and Design Services for the ninety acres of the Fourth Street Peninsula, and to include a price for the thirty acres south of the Ice Harbor to see if that is affordable at this time. 5. Suggested Disposition: Receive and File; Approve COUNCIL MEMBER REPORTS ITEMS TO BE SET FOR PUBLIC HEARING 1. Oak Meadows Second Addition - Request to Vacate City Manager recommending that a public hearing be set for January 2,2001 to consider a request to vacate easements in Oak Meadows Second Addition at the request of Jim Stock Realty & Construction. ~ ~\C\ .. \;\) RESOLUTION of Intent to dispose of City interest and vacate water main and utility easements over portions of Lot 1, Lot 2, and Lot A of Oak Meadows Second Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion A; Public Hearing 1/2101 4 . . . 4. CONSENT ITEMS 1. Minutes Submitted Airport Commission of 11/20; Cable Community Teleprogramming Commission of 11/14; City Council Proceedings of 11/29 and 12/4; Civil Service Commission of 11/21; Environmental Stewardship Advisory Commission of 12/5; Library Board of 10/26; Zoning Board of Adjustment of 11/30 Proof of publication of Council Proceedings of 10/29; 11/6; and 11/20; List of Claims and Summary of Revenues for month ending 10/31; Financial Report for Fiscal Year ending 6/30/00 Finance Director submitting the Financial Report for the month ending November 30,2000 2. Official Council Proceedings of October, 2000 Suggested Disposition: Receive and File; Approve as Printed Notice of Claims/Suits Dubuque Rescue Mission in estimated amount of $469.97 for property damage; Wade Pilcher in estimated amount of $58.30 for reimbursement of towing expense; Ellen's Floral Gallery in estimated amount of $442.00 for miscellaneous damages; CDI Excavating in estimated amount of $814.50 for labor reimbursement expense; Qwest in estimated amount of $1,690.52 for repair of fiber optic conduit; and Silver Dollar Cantina in estimated amount of $1,479.02 for loss of business. Suggested Disposition: Receive and File; Refer to Legal Dept for Investigation Corporation Counsel recommending settlement of the property damage claim of Florence Hird in the amount of $59.15; the property damage claim of Key Apartments West in the amount of $335.61; and the property damage claim of Patti Schilling in the amount of $25.00 Suggested Disposition: Receive and File; Finance Director to Issue Payment 3. Appointments to the Owner-Occupied Affordable Housing Committee City Manager recommending the appointment of Linda Sangston and Nancy Zachar Fett to the Owner-Occupied Affordable Housing Committee. Suggested Disposition: Receive and File; Approve Final Acceptance of Charitable Land Donation from Carl and Mary Ann Burbach City Manager recommending acceptance of the deed to property donated to the CitY)~~0 g~rl and Mary Ann Burbach. RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from Carl J. Burbach Declaration of Trust dated January 24, 1995 Suggested Disposition: Receive and File; Adopt Resolution 5 . Citizen Petition for Residential Parking Permit District Petition from residents of Amy Court requesting that the area be designated as a Residential Parking Permit District. Suggested Disposition: Receive and File; Refer to City Manager 6. Certified Local Government Report to State Historic Preservation Office City Manager submitting the 2000 Certified Local Government Annual Report. 5. Suggested Disposition: Receive and File 7. Jaeger Heights Subdivision No.3 - Plat of Survey Zoning Advisory Commission recommending approval of the Plat of Survey for Lot 1 of 1 and Lot 2 of 1 of Jaeger Heights Subdivision NO.3. ~~C\ \ -C,\) , R~SOLUTION Approving the Plat of Survey of Lot 1 of 1 and Lot 2 of 1, and a division of Lot 1 of Jaeger Heights Subdivision No.3, in the City of Dubuque, Iowa . Suggested Disposition: Receive and File; Adopt Resolution Heron Pond Trail Extension City Manager recommending the submission of a Recreational Trails Grant application to lOOT for funding of the extension of Heritage Trail from Heron Pond to Pyatigorsk Park. Dl (t \J \) RESOLUTION Authorizing a grant application for Iowa Department of Transportation Recreational Trails Funds for the Heritage Trail Extension Project: Heron Pond to Pyatigorsk Park Suggested Disposition: Receive and File; Adopt Resolution 9. 2000 Asphalt Paving Project - Acceptance City Manager recommending acceptance of the 2000 Asphalt Paving Project (Fiscal Year 2001) in the final contract amount of $476,674.64. (~!"\'~\I'\ '_' ,,---I '-, \.) RESOLUTION Accepting improvement for project :i~'-\ . C; \J RESOLUTION Approving final estimate in amount of $476,674.64 8. Suggested Disposition: Receive and File; Adopt Resolutions 10. William M. Black, Phase I, Sprinkler System - Acceptance City Manager recommending acceptance of the William M. Black, Phase I, Sprinkler System Project in the final contract amount of $79,448.65. ~~1~yU0 RESOLUTION Accepting improvement for project Cjc\ \:,- \.:'J RESOLUTION Approving final estimate in amount of $79,448.65 . Suggested Disposition: Receive and File; Adopt Resolutions 6 . 11. North End Neighborhood Trail Project - Acceptance City Manager recommending acceptance of the North End Neighborhood Trail Project in the final contract amount of $492,989.56. ~)'~l{ ~ RESOLUTION Accepting improvement for project 311:: -CJG RESOLUTION Approving final estimate in amount of $492,989.56 Suggested Disposition: Receive and File; Adopt Resolutions 12. Kerper Court Construction Project - Acceptance City Manager recommending acceptance of the Kerper Court Construction Project in the final contract amount of $640,476.08. U,qC},-; RESOLUTION Accepting improvement for project lXI' - (j~, RESOLUTION Approving final estimate in amount of $640,476.08 13. . 14. Suggested Disposition: Receive and File; Adopt Resolutions Klauer Manufacturing Parking Request - Withdrawal City Manager advising that the request of Klauer Manufacturing for removal of parking at several corners in the area of 26th and 27th Streets between Central and Elm Streets has been withdrawn. Suggested Disposition: Receive and File Riverside Bowl Lease Assignment City Manager recommending approval of the assignment of four leases between the City of Dubuque and Riverside Bowl, Inc., to Bowling and Beyond Dubuque, Incorporated. vC\\C" RESOLUTION Consenting to the assignment of leases between the City of Dubuque and Riverside Bowl, Inc. by Riverside Bowl, Inc. to Bowling and Beyond Dubuque, Inc. Suggested Disposition: Receive and File; Adopt Resolution 15. Redstone Inn - Parking Rental Agreement City Manager recommending assignment of the parking rental agreement between the City and Dubuque Historic Improvement Company to Jerry Lazare, new owner of the Redstone Inn. ~\;l-(jl) RESOLUTION Consenting to the assignment of the lease agreement between the City of Dubuque and Dubuque Historic Improvement Company by Dubuque Historic Improvement Company to Jerry Lazare . 16. Suggested Disposition: Receive and File; Adopt Resolution Fiscal Year 2002 Budget Policy Guidelines City Manager recommending approval of the Fiscal Year 2002 Policy Guidelines. Suggested Disposition: Receive and File; Approve 7 . . . 17. Hospital Signage - US 20/Dodge Street City Manager recommending that a letter be sent to the Chairperson of the Iowa Department of Transportation Commission requesting modification to the hospital signage on Highway 20. Suggested Disposition: Receive and File; Approve Letter of Support 18. Dubuque Signage on 1-80 in Scott County City Manager recommending that a letter be sent to the Iowa Department of Transportation requesting that the word "Dubuque" be added to the signs on Interstate 80 east and west at the U.S. Highway 61 interchange in Scott County. Suggested Disposition: Receive and File; Approve Letter 19. HOME Investment Partnership Program Contract Communication from the Iowa Department of Economic Development revising the master contract and funding agreement for the HOME Program by changing the completion date and extending the performance period to June 30,2001. Suggested Disposition: Receive and File 20. Business Licenses \Sly\{j(\ RESOLUTION Granting issuance of a permit to sell Cigarettes and Cigarette J'- Papers to Tobacco Outlet Plus and Grandview Milk House lQ'~!l\ 'cc RESOLUTION Granting issuance of Class "B" Beer Permit to UAW Local 94; and Class "C" Beer Permit to Big 1 0 Mart; Casey's General Store; Kwik Stop (2); and Tobacco Outlet Plus \~!\;~,:\~) - \}\:: RESOLUTION Granting issuance of Class "B" Beer/Liquor License to Holiday Inn Five Flags and Julien Inn; and Class "C" (Commercial) Beer/Liquor License to Michael's Bar-X and The White House 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 our 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 Pending Litigation (Iowa Code Chapter 21.5(1 )U)(c) Jeanne F. Schneider 1 :00 p.m. December 14, 2000 8