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01 04 99 Minutes this Meeting CITY OF DUBUQUE, IOWA OFFICIAL COUNCIL PROCEEDINGS City Council, Regular Session, January 4, 1999 Council met at 7:00 P.M. Public Library Auditorium Present-Mayor Duggan, Council Members Buol, Markham, Michalski, Nicholson, Robbins, Voetberg. 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 to act upon such business which may properly come before the Council. Invocation was given by Rev. Ron Schardt of Wartburg Theological Seminary. MINUTES SUBMITTED -- Airport Commission of 8-17, 9-10, 9-21, 9-22, 10-13, 10-19 & 11- 16; Human Rights Commission of 11-9; Library Board of Trustees of 11-19 and Proof of Publication certified to by the Publisher on publishing council proceedings for meeting of 12-7- 98, upon motion were received and filed. NOTICE OF CLAIMS/SUITS -- Louis Lugrain submitting claim for labor and materials according to a contract with McGill Restoration; Richard Meehan in amount of $298.15 for vehicle damages; Michael Joseph Shaffer in total amount of $200,000.00 for personal injuries and related incidence; Doug Shinkunas in amount of $140.00 for parking fines and impoundment; Ms. Lois Westemier in total amount of $982.80 for personal injuries upon motion were referred to Legal Staff for investigation and report. Corporation Counsel advising following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Vehicle damage of Daniel R. Starkey, Personal injury of Medical Associates Health Plans (Sarah A. Hickey), upon motion received and filed. Corporation Counsel recommending denial of Parking tickets and impoundment of vehicle claim of Doug Shinkunas, upon motion denial was approved. Corporation Counsel recommending settlement of vehicle damage of Kim M. Eppler in amount of $264.75 and direct Finance Director to issue check, upon motion recommendation approved. HUD expressing appreciation for timely submission of the Grantee Performance Report (GPR) .',~= for the 1994 Disaster Recovery Assistance Program; HUD submitting Consolidated End-of- Year Review - Program Year 1997 and commending the City on various accomplishments realized this year, particularly in the area of housing and in the timely utilization of funds; lOOT submitting notification that they propose to let a U.S. 20 bridge repair project within the "'~. . City at the Julien Dubuque Bridge over the Mississippi River on February 16, 1999, upon motions were received and filed. City Manager recommending approval of application to IDEO for HOME Investment Partnership Program funding, upon motion received and filed. Council Member Voetberg moved adoption of Resolution No. 1-99 Authorizing the Mayor to execute an application to participate in the Iowa HOME Investment Partnership Program. Seconded by Council Member Buo!. Approved 7-0. City Manager recommending approval from APEX Environmental to install monitoring wells upon motion received and filed. Council Member Voetberg moved adoption of Resolution No. 2-99 Authorizing License Agreement between the City and APEX Environmental to install monitoring wells on public right-of-way at 198 Locust S1. Seconded by Council Member Buo!. Approved 7-0. City Manager recommending approval of Plat of Survey of Radford Rd. upon motion was received and filed. Council Member Voetberg moved adoption of Resolution No. 3-99 Approving plat of survey of portion of Radford Road right-of-way. Seconded by Council Member Buo!. Approved 7-0. City Manager recommending approval of replatting for Airport Road Subdivision upon motion received and filed. Council Member Voetberg moved adoption of Resolution No. 4-99 Approving plat of proposed Airport Road Subdivision. Seconded by Council Member Buo!. Approved 7-0. City Manager recommending acceptance of Improvements in Lots 7, 8, 9 & 0 in Westmark upon motion received and filed. Council Member Voetberg moved adoption of Resolution No. 5-99 Accepting improvements in Westmark Subdivision. Seconded by Council Member Buo/. Approved 7-0. . ,~ City Manager recommending acceptance of Improvements to Edwards Road upon motion received and filed. Council Member Voetberg moved adoption of Resolution No. 6-99 Accepting improvements to Edwards Road. Seconded by Council Member Buo/. Approved 7- O. Council Member Voetberg moved adoption of Resolution No. 7-99 Granting issuance of 2 , t Cigarette License to KWIK Stop at 280 Locust St.; Resolution No. 8-99 Granting issuance of Class liB" Beer Permit to Local 94 UAW and Class "C" Beer Permits to lOCO Speede Shoppe #33 and KWIK Stop Food Mart; Resolution No. 9-99 Granting issuance of Class "C" Liquor License to A & B Tap, Holiday Inn 5 Flags and Class liB" Wine Permit to Dubuque Religious Center. Seconded by Council Member Buo!' Approved 7-0. APPOINTMENTS TO HUMAN RIGHTS COMMISSION - Applicants - Kathy Blau, Thomas Determan, Rev. Kris Kincaid, Katherine Stevens, Ruby Sutton. Upon nominations, Kathy Blau, Thomas Determan and Ruby Sutton were reappointed to three year terms to expire 1-1- 2002. Upon motion rules were suspend to allow individuals to address the Council. Proof of Publication, certified to by the Publisher on Notice of Public Hearing to consider reclassifying property located at Southwest Corner of the Northwest Arterial and Asbury Road from AG and C-3 to PUD with PC and PR District Regulations (QHQ Properties); Petition containing 16 signatures (residents of Wild Flower Dr., Gabriel Dr. and High Cloud Dr. objecting to rezoning of property south of Asbury Rd and west of the Northwest Arterial; Petition of 95 signers objecting to rezoning; Bob & Linda Schmidt objecting to proposal by QHQ Properties/Mike Quagliano to rezone property; Ron Paisley objecting to rezoning proposal; Steven M. Sanders, Ann & Jeff Liddle and Paul Engelberth objecting to rezoning as proposed; Communications sent to Council Member Nicholson objecting to proposed plans from Virgil Nauman, M. Janice Giesler, Dave Schroeder, Tom Schroeder, Pat Schroeder, Kenneth Brown, Lucille Giesler and Steven & Cynthia Redman; Larry Weitz Sign Systems Inc. and Gen Bird Sign requesting reconsideration on redevelopment plan and adopt the C3 sign regulations as the governing doctrine; Petition with 132 signers requesting denial of another access to the arterial; Tom Schroeder objecting to proposed rezoning as requested by QHQ Properties, upon motion were received and filed. Petition containing 360 signatures (183 of which are City residents) approving the rezoning request, upon motion was received and filed. Mike Quagliano, Developer for property, addressed the Council requesting approval of plan as presented. Following addressed the Council voicing their objections to the proposed plans: Duane Geisler, Bob Schmidt, John Youngbluth, Tom Schroeder, Ron Paisley, Becky Wall and Steve Sanders. Planning Services Manager advising opposition to PUD request of QHQ Properties totals over 20%, therefore, 3/4 vote of Council is now required for adoption, upon motion was received and filed. Council Member Nicholson moved final adoption of an Ordinance Amending Zoning Map by reclassifying property located at Southwest corner of the Northwest Arterial and Asbury Road from AG Agricultural District and C-3 General Commercial ,~ 3 ,. District, with conditions, to PUD Planned Unit Development District with PC Planned Commercial District and PR Planned Residential District designations and adopting a Conceptual Development Plan, with conditions (1st & 2nd readings given on 12-21-98). Seconded by Council Member Michalski. Motion was voted down by vote of 7-0. (Rezoning Denied). Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider reclassifying property located at 35 North Booth Street (the existing YMCA-YWCA Building) from OR to OS and area from R-1 to OS District. (YMCA-YWCA), upon motion received and filed. Council Member Buol moved final adoption of Ordinance No. 1-99 Amending Zoning Map by reclassifying property located at 35 North Booth Street (the existing YMCA-YWCA Building) from OR Office Residential District to OS Office Service District and West and East of the YMCA-YWCA Building from R-1 Single-Family Residential District to OS Office Service District, (1 st & 2nd readings given on 12-21-98). Seconded by Council Member Voetberg. Approved 7-0. Proof of Publication certified to by the Publisher, on Notice of Public Hearing to reclassify property North of 2275 Elm Street from R-2A to CS District (Todd Schmitz), upon motion received and filed. Council Member Robbins moved final adoption of Ordinance No. 2-99 Amending Zoning Map by reclassifying property located North of 2275 Elm Street (Lot 2 of Ambling Subdivision) from R-2A Alternate Two-Family Residential District to CS Commercial Service and Wholesale District (1st & 2nd readings given 12-21-98). Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Duggan, Council Members Buol, Markham, Nicholson, Robbins, Voetberg. Nays-Council Member Michalski. Proof of Publication certified to by the Publisher on Notice of Public Hearing to amending Zoning Ordinance establishing regulations for placement of towers and antennas, upon motion received and filed. Council Member Voetberg moved final adoption of Ordinance Amending the Zoning Ordinance (Appendix A of City Code of Ordinances) by adding a Section 4-9 to establish regulations for the placement of Towers and Antennas (1 st & 2nd readings. given on 12-21-98). Seconded by Council Member Nicholson. Approved 7-0. . ~?" Communication of Joel Morris, on behalf of the Board of Education of the Dubuque Community School District, requesting Tim Hodge, President of the Board of Education be allowed to address the Council to consider the development of a 28E Agreement between the City and School District to share the proceeds from a proposed Local Option Sales and 4 Services Tax was presented. Mr. Hodge addressed the Council indicating the election for a 1 % tax for property tax relief was to be held in May with a 10 year limit on the tax. Upon motion it was resolved that the communication be received and filed and Staff directed to work with appropriate School District Staff to prepare 28E Agreement. Communications from Donna Bauerly and Parker Bauer, Dubuque Community School District Board Members supporting the development of a 28E Agreement between City and School on proposed Local Option Sales and Services Tax. Council appointed City Manager Michael Van Milligen or his designee as their representative on the Enterprise Zone Commission. City Manager requesting a public hearing be set for Feb. 15, 1999 to consider disposing of property in Urban Renewal District to Eagle Window & Door upon motion received and filed. Council Member Voetberg moved adoption of Resolution NO.1 0-99 Adopting minimum requirements, competitive criteria, disposing of Urban Renewal property etc. to Eagle Window & Door and setting public hearing for February 15, 1999. Seconded by Council Member Buo/. Approved 7-0. City Manager requesting a public hearing be set for Feb. 15, 1999 to consider property exchange on Kerper Boulevard with John P. Michalakis and Richard L. Billmeyer upon motion received and filed. Council Member Buol moved adoption of Resolution No. 11-99 Adopting minimum requirements, competitive criteria, disposing of Urban Renewal property to John P. Michalakis and Richard L. Billmeyer and setting public hearing for Feb. 15, 1999. Seconded by Council Member Markham. Approved 7-0 At 9:00 P.M. Council Member Michalski moved to go into Closed Session In accordance with Chapter 21.5 1.0) To discuss the purchase of particular real estate where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. Seconded by Council Member Buo/. Approved 7-0. Council reconvened at 9:25 P.M. and stated that Staff had been given direction regarding acquisition of real estate. There being no further business, upon motion meeting adjourned at 9:36 P.M. 7l'~a~ Mart' A. Davis CMC City Clerk "."'. 1 t 11/13 5 TO: MARY A. DAVIS CITY CLERK YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE CITY COUNCIL TO BE HELD ON MONDAY, JANUARY 4, 1999 AT 7:00 O'CLOCK P.M. IN THE PUBLIC LIBRARY AUDITORIUM FOR THE PURPOSE TO ACT UPON SUCH BUSINESS WHICH MAY PROPERLY COME BEFORE THE COUNCIL. ~ 1-4-99