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10 16 00 Agenda . MONDAY, OCTOBER 16,2000 5:00 P.M. - DINNER - LIBRARY ROTUNDA 5:30 P.M. - SPECIAL MEETING - LIBRARY AUDITORIUM Update on Paperless Agenda AGENDA CITY COUNCIL MEETING 6:30 P.M. INVOCATION Reverend Kenneth Helmke, Wartburg Theological Seminary PROCLAMATIONS Business Women's Week (October 16 - 20, 2000) Childhood Lead Poisoning Prevention Week (October 22 - 28, 2000) Spinal Health Month (October, 2000) James D. Burke Day (October 20, 2000) Citizens for Dubuque - City/County Jail Expansion Presentation CONSENT ITEMS (SEE PAGES 8-11) 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: Historic Preservation Commission (Old Main District): Audrey Henson APPOINTMENTS to the following Boards/Commissions: Environmental Stewardship Advisory Commission (Two Vacancies): David B. Czarnecki 1 5~f~~~~:J'f~iJKiIi~ ..(!.tl\:".~l ~ il~\'''~..'W'(~~~~.. ~~~Jf,\'> ~~ ....:&t~~t}).:. ""tiYit'1:f('~f~.~~~'~'l'f~1 _ ~ ~ t'i~ ~~1."l\l"'W' " ~ ",~"!\i,\.. ,..;fo,t.' SUSPEND THE RULES PUBLIC HEARINGS 1 . South Fork Sanitary Sewer Connection Fee City Manager recommending approval of the South Fork Sanitary Sewer - Phase II Connection Fee schedule. Communications of property owners objecting to the proposed connection fee schedule. ORDINANCE Establishing the South Fork Sanitary Sewer Project - Phase II connection fee schedule for the connection of property to said City sewer . Suggested Disposition: Receive and File; Motion B; Motion A 2. 3966 Asbury Road - Rezoning Request Proof of publication on notice of hearing to consider rezoning property located at 3966 Asbury Road from C-2 Neighborhood Shopping Center District to R-1 Single Family Residential District. . ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 3966 Asbury Road from C-2 Neighborhood Shopping Center Distritt to R-1 Single Family Residential District Suggested Disposition: Receive and File; Motion A; Motion B 3. 2001 Rockdale Road - Rezoning Request Proof of publication on notice of hearing to consider rezoning property located at 2001 Rockdale Road from C-1 Neighborhood Commercial District and R-2 Single Family Residential District to OC Commercial Service and Wholesale District. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2001 Rockdale Road from R-1 Single Family Residential District and C-1 Commercial District to CS Commercial Service and Wholesale District Suggested Disposition: Receive and File; Concur with Denial or Motion B; Motion A 2 _" ~ I;j-.I'-:.>~ .-,"*",,''<Itf;4<:\fIf~'''''',\;;Y..l(.~ ~~~'\.,"'::":~.~'4~:~P"." ~.,~~~~~~ ~ ~~~"'A' ~illC'hi$(' "'$t"t.~...1f~~r."'. 4. 1105 University Avenue - Rezoning Request Proof of publication on notice of hearing to consider rezoning property located at 1105 University Avenue from C-3 General Commercial, with conditions, to R-3 Moderate Density Multi-Family Residential District. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 11 05 University Avenue from C-3 General Commercial District, with conditions, to R-3 Moderate Density Multi-Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A 5. Near 3160 Cedar Cross Court - Rezoning Request Proof of publication on notice of hearing to consider rezoning property located at 1105 University Avenue from C-3 General Commercial, with conditions, to R-3 Moderate Density Multi-Family residential District. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at near 3160 Cedar Cross Court from AG Agricultural District to R-1 Single Family Residential District. Suggested Disposition: Receive and File; Motion B; Motion A 6. Kathy Drive - Jaeger Heights Subdivision - Rezoning Request Proof of publication on notice of hearing to consider rezoning property located on Kathy Drive of Jaeger Heights Subdivision from R-1 Single Family Residential District to R-2 Two-Family Residential District. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along Kathy Drive from R-1 Single Family Residential District to R-2 Two Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A 7. End of Julien Dubuque Drive - Rezoning Request Proof of publication on notice of hearing to consider rezoning property located at the end of Julien Dubuque Drive in conjunction with annexation from PI Planned Industrial District and County AG to R-1 Single Family Residential District. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along Julien Dubuque Drive from PI Planned Industrial District to R-1 Single Family Residential District. Suggested Disposition: Receive and File; Motion B; Motion A 3 ~ . N!~i :t "'~."".! M...-;. '0". " <. r,r,:.::- PJ..... '('~......~""~)~'-. ~ ;:'"l-o(~:.".t....~'M~~ \.;. .....'1' ~t:!-,...l~>vi.~ h--:~:"...' .y"~t,""~PLJ41~"'.~W;~~ ~ ,",~":.."'l.~."-t.r;..."';. ,.~,,.... '':<I'Q .-:'1-0:,,";" ~"\i"~~i>n~)<~~'~ ~ f" ,'~':'i',.-,..'I'( 8. David Hartig - Text Amendment Request of David Hartig to amend the Zoning Ordinance to add limitations on the size of political signs. Communication from David Hartig relating to political signs ORDINANCE Amending Appendix A (the Zoning Ordinance) of the Code of Ordinances of the City of Dubuque, Iowa, by amending Section 4-3.5(c) pertaining to a size limitation for political signs Suggested Disposition: Receive and File; Concur with Denial or Motion B; Motion A 9. City of Dubuque - Text Amendment City of Dubuque requesting to amend the Zoning Ordinance to delete the durational limits for political signs. ORDINANCE Amending the (the Zoning Ordinance) of the Code of Ordinances of the City of Dubuque, Iowa, by amending Section 4-3.5(c) regulating political signs by deleting the durational limitations for such signs Suggested Disposition: Receive and File; Motion B; Motion A 10. Pine Street - Request to Vacate City Manager recommending approval of the disposition of the westerly 17 feet of Pine Street right-of-way to Sadler Power Train, Inc. RESOLUTION Disposing of City interest in Lot 21 2A of east Dubuque Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 11. West of Cousins Road on Seippel Road - Rezoning Request Proof of publication on notice of hearing to consider rezoning property located west of Cousins Road on Seippel Road from AG Agricultural District to C-3 General Commercial District. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along Seippel Road, west of Cousins Road, from AG Agricultural District to C-3 General Commercial District. Suggested Disposition: Receive and File; Motion B; Motion A 4 iio' ~"\~~'l"~~ ~""\~~~l~"r:;;..!",,~~~,a'i':t ~ ..1'f~, "'~-d.~-9'"~":J,.'f{,t.'l~~,~~fo-:+oI~~Wll.~. 12. Plastic Center, Inc. City Manager recommending approval of the disposition of real property by deed to Plastic Center, Inc. and approval of an agreement with Plastic Center for the acquisition of property owned by Plastic Center, Inc. on the Fourth Street Peninsula. . . RESOLUTION Disposing of the City of Dubuque's interest in real property by deed to Plastic Center, Inc. and approving an agreement with Plastic Center for the acquisition by the City of Dubuque of real property owned by Plastic Center, Inc. on the Fourth Street Peninsula Suggested Disposition: Receive and File; Adopt Resolution 13. Peavey Company - Disposition of Property . City Manager recommending approval of the disposition of City-owned property by lease to Peavey Company and approval of an agreement to purchase real property from Peavey Company. RESOLUTION Disposing of an interest in real property by lease to Con "Agra Inc., DIBI AI Peavey Company and approving an agreement to purchase real property from Con Agra Inc., DIBIA Peavey Company Suggested Disposition: Receive and File; Adopt Resolution 14. Flynn Ready-Mix - Disposition of Property on Kerper Court City Manager recommending approval of the disposition of City-owned property on Kerper Court to Flynn Ready-Mix and a development Agreement with Flynn Ready- Mix Concrete for the sale and development of Kerper Court property. RESOLUTION Disposing of the City of Dubuque's interest in real property by deed to Flynn Ready-Mix Concrete Company RESOLUTION Approving a Development Agreement providing for the sale and private development of Lot 1-2, Lot 2A and Lot 6 of Kerper Industrial Park in the City of Dubuque, Iowa, to Flynn Ready-Mix Concrete Company Suggested Disposition: Receive and File; Adopt Resolutions 15. Fiscal Year 2001 Budget Amendment City Manager recommending approval of an amendment to the City of Dubuque's Fiscal Year 2001 budget. RESOLUTION Amending the current budget for the Fiscal Year ending June 30, 2001. Suggested Disposition: Receive and File; Adopt Resolution 5 ~ "~~~IU...,~<:. ~,4~\Xl~~tL~~~'" ~i'~t-'"~...J:~ir-~~;.r,'~~~I"'>l~Y'..'$>f':-;1!I~~--'~'f~~1lt.~'oi.:: ~'~!.;M.~~"e.. 'l:l'Kt-l: ..~~.~:~~,. ,c. '-I:"'~l REINSTATE THE RULE LIMITING DISCUSSION TO COUNCIL ACTION ITEMS 1 . 1266 Central - Projecting Sign City Manager recommending approval of a right-of-way encroachment (projecting sign) at 1 266 Central at the request of Colleen Wallace. ORDINANCE Authorizing Colleen Wallace to Construct a Projecting Sign at 1266 Central Suggested Disposition: Receive and File; Motion B; Motion A 2. Review Process for Projecting Signs City Manager recommending adoption of an Ordinance streamlining the review process for projecting signs. ORDINANCE Amending the City of Dubuque Code of Ordinances, Chapter 41, Streets, Sidewalks, and Public Places by amending Article VI. Encroachment on Public Places, by adding a new Division 4. Projecting Signs, regulating signs projecting over public places Suggested Disposition: Receive and File; Motion B; Motion A 3. Garfield Place Urban Revitalization Area City Manager recommending the adoption of a revised ordinance approving the proposed Garfield Place Urban Revitalization Area. ORDINANCE Establishing the Garfield Place Urban Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa Suggested Disposition: Receive and File; Motion B; Motion A 4. Expanded Parking Meter District ORDINANCE Amending the City of Dubuque Code of Ordinances Section 32-336 establishing the municipal parking meter district by including both sides of Bluff Street from 3rd Street to 8th Street Suggested Disposition: Motion B; Motion A (First reading on 10/2/00) 6 ,,0,: ~ " , ~'\lf'~"'-1o!l~~.Ji.\h~~:-~~ \, ,"i~''''''''Y. \\l\;~.&~~~_~~~\,,~,,\I' , ,~-\"''I!'''~'H'.-4~'''~''~ 5. Asbury Road - No Parking City Manager recommending approval of an amendment to the Code of Ordinances prohibiting parking on portions of Asbury Road. ORDINANCE Amending Section 32-262(d) of the City of Dubuque Code of Ordinances, prohibiting parking on designated streets or portions thereof by deleting portions of Asbury Road Suggested Disposition: Receive and File; Motion B; Motion A 6. Alliant Energy - Geothermal Construction Ordinance City Manager recommending approval of a Geothermal Construction Ordinance as requested by Alliant Energy. ORDINANCE Authorizing Alliant Energy/Interstate Power to construct a geothermal system , Suggested Disposition: Receive and File; Motion B; Motion A COUNCIL MEMBER REPORTS ITEMS TO BE SET FOR PUBLIC HEARING 1 . Easement with Klauer Manufacturing Company City Manager recommending that a public hearing be set for November 6, 2000 to consider an ingress/egress easement with Klauer Manufacturing Company. RESOLUTION of Intent to dispose of interest in real property by granting an ingress/egress easement to Klauer Manufacturing Company adjacent to the North End Neighborhood Bike/Hike Trail from 22nd Street to 32nd Street in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 11/6/00 2. Riprow Valley Project - Voluntary Annexation City Manager recommending that a public hearing be set for November 6, 2000 to consider a voluntary annexation request for the Riprow Valley project. RESOLUTION Annexing certain territory Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 11/6/00 7 ~ - ~~~..,.:t."'I""~~.....~J;i-~lii'~~)~.~., ~~1~""'1'~~;"'''''''tIt*,IV~'<ifI,,-~~~~~~ ~.~ ~:l'---:.J::":", "y!f~"",.q~N'''''l'''l;.~ ~ 3. Vacating Petition - Utility Easements - Tschiggfrie Commercial City Manager recommending that a public hearing be set for November 6, 2000, to consider a request to dispose of interest and vacate utility easements over Lots 4 and 5 of Block 2 of Tschiggfrie Commercial in the City of Dubuque, Dubuque County, Iowa. Communication of Ed Tschiggfrie requesting the vacating of public utility easements on the Tschiggfrie Commercial property behind Menards Lumber. RESOLUTION of Intent to dispose of interest and vacate utility easements over Lots 4 and 5 of Block 2 of Tschiggfrie Commercial in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 11/6/00 CONSENT ITEMS 1 . Minutes Submitted Airport Commission of 9/25; Cable TV Regulatory Commission of 9/20; Civil Service Commission of 9/20; Zoning Advisory Commission of 1 0/4; Zo~ing Board of Adjustment of 9/26 Convention and Visitors Bureau submitting their quarterly report for August through September, 2000 Suggested Disposition: Receive and File Proofs of publication for Council Proceedings of 9/5/00 and 9/18/00; and List of Claims and Summary of Revenues for month ending August 31, 2000 . Suggested Disposition: Receive and File; Approve as published Financial report for the month ending September 30, 2000; printed Council Proceedings for August, 2000 Suggested Disposition: Receive and File; Approve as printed 2. Notice of Claims/Suits Aaron Isreal, et ai, in undetermined amount for property damage; Ruth Loeffelholz in estimated amount of $1,000 for property damage; Mark Puccio in estimated amount of $1,100 for personal injuries to his son; Terryl E. Stewart in estimated amount of $414.96 for vehicle damage; Angela Woolf in estimated amount of $800.60 for vehicle damage; foreclosure notice from First Union National Bank; notice of lawsuit of Amber J. Huntington vs Officer Forrest Trausch and City of Dubuque Police Department Suggested Disposition: Receive and File; Refer to Legal Dept for Investigation 8 ''''''Ii{io~~~~'i'~~~~~ . ,,"'1-~rl't.,~~~;,.~ ,-;,}f~tt,~ Corporation Counsel advising the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Sue Bussan for personal injuries; Klauer Development Corporation for vehicle damage; Jay Cottrell for vehicle damage. Suggested Disposition: Receive and File; Concur Corporation Counsel recommending denial of the vehicle damage claim of Mona Turner. Suggested Disposition: Receive and File; Concur Corporation Counsel recommending settlement of the property damage Claim of Sheila Czipar in the amount of $20.00 and that the Finance Director be directed to issue check. Suggested Disposition: Receive and File; Concur 3. Citizen Communications A. John Sanner, Klauer Manufacturing Company, requesting that parking be restricted on 26th and 27th Streets. . B. Sunset Ridge Drive residents requesting the City to assess the property owners by frontage foot on Sunset Ridge Drive for resurfacing work on their street. C. Petition from residents requesting that the "No Parking" zone on Hawthorne Street be rescinded. D. Jim Stock regarding a water main connection fee for Oak Meadows II E. Cletus J. Winter regarding the Clarke Drive repaving project. F. George A. Merlert regarding the need to have a rail conne~tion to Chicago. G. Brian J. Kane, representing Carl and Mary Ann Burbach, regarding a proposed charitable contribution to the City of Dubuque. H. D.D. Roepsch regarding Menard's request for a traffic signal. Suggested Disposition: Receive and File; Refer to City Manager 4. Environmental Stewardship Advisory Commission Vacancies Public Health Specialist Mary Rose Corrigan advising there are two vacancies on the Environmental Stewardship Advisory Commission (Latricia Edrosa and Peter Simon). Suggested Disposition: Receive and File 9 . ,'"""r~.',.l,j~. ~;11.,1"~ ..01: _. }t.;"".>J:~!..."l;\;tf'~~l~4~if:!I"~~~~~<l~' ~. ~~~ "" ~ :;"'.""10<,'(:::~""" 5. Dubuque City/County Jail Expansion Communication from Joan Schaefer, Citizens for the Dubuque City/County Jail Expansion, providing information on the jail expansion referendum. Suggested Disposition: Receive and File 6. Ornamental Railing - Acceptance City Manager recommending acceptance of the 1999 Downtown Historical Neighborhood Ornamental Railing Project. RESOLUTION Accepting Improvement for project RESOLUTION Approving final estimate in amount of $26,567.00 Suggested Disposition: Receive and File; Adopt Resolutions 7. William Bruggeman - Subdivision Plat Zoning Advisory Commission advising of their approval of the Final Plat of Bruggeman Acres, 1st Addition. RESOLUTION Approving the final plat of Bruggeman Acres, First Addition, in the City of Dubuque, Iowa. Suggested Disposition: Receive and File; Adopt Resolution 8. General Obligation Bonds City Manager recommending the advertisement for sale of $6,265,000 General Obligation Bonds, Series 2000C RESOLUTION Directing the advertisement for sale of $6,265,000 General Obligation Bonds, Series 2000C. Suggested Disposition: Receive and File Communication; Adopt Resolution 9. Municipal Treasurer's Award Municipal Treasurers' Association advising that the City's written investment policy has been certified by the Municipal Treasurers' Association. Suggested Disposition: Receive and File 10. Dubuque Main Street A ward City Manager advising that Dubuque Main Street has given two awards to the City of Dubuque for the Cable Car Square Antique Lights Project and the opening of 8th &re~. . Suggested Disposition: Receive and File 10 ',<1'.f~~~,,~1if~~~' ~ ~ . '~"~"'~\'lVe_. , *"-~<\"\:..""~~l.Y^"'~'l4'!:\~~1I4' 11 . Newt Marine Communication from Gary Newt, Newt Marine Service, regarding barge fleeting on City Island. Suggested Disposition: Receive and File; Refer to City Manager 12. Business License Refunds Cigarette license refunds to Billie Bucks East Street Tap, Old Shang, Admiral's Hi- Hat, and Puff N Snuff; Beer and liquor combination license refund to Billy Buck's East Street Tap. Suggested Disposition: Receive and File; Approve Refunds 13. Business Licenses RESOLUTION Granting issuance of a permit to sell Cigarettes and Cigarette Papers to Ron's Discount Smokes & Beverage Center RESOLUTION Granting issuance of Class "C" Beer Permit to Ron's Discount Smokes & Beverage Center, Eagle Food Centers at 300 South Locust, 2050 JFK Road, and 1800 Elm Street RESOLUTION Granting issuance of Class "C" Beer/Liquor Permit to Europa Haus Restaurant/Bierstube, The Grand Tam, Rainbow Lounge, Ground Round, Carlos O'Kelly's Mexican Cafe; Class B (Wine) Permit to Eagle Food Centers at ,300 South Locust, 2050 JFK Road, and 1800 Elm Street 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 tak~ your place at the microphone and state your name and address clearly, Proceed with oyr 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 )(j)@ Jeanne F. Schneider 1 :00 p.m. October 12, 2000 11 ~~~~4:!~:H~~~~'1);~"'t~"fil,'~~~i..~~~_ . _ ~'Mt~~..,,'-.t'3:1l\.~~ll;1~~!l"." ,'i:-j,,~~