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02 15 99 Agenda -1> .. AGENDA - CITY COUNCIL MEETING MONDAY- FEBRUARY 15, 1999 7:00 P.M. PUBLIC LIBRARY AUDITORIUM INVOCATION -- Father Dwayne Thoman, Spiritual Director of Wahlert High School PROCLAMATIONS -- Feb. 14-20 as "Business Professionals of America Week" CONSENT ITEMS SEE PAGES #5, 6, 7 & 8 The consent items are considered to be routine and non-controversial and will be normally voted upon as a single motion. There will be no separate discussion on these items. 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. ***************************************************************************************************** Individuals are invited to address the Council to express their desire to serve on various Boards/Commissions -- Housing Code Appeals Board -- Applicants -- Thomas Hannan, Robert Sampson. APPOINTMENTS to Community Development Commission - Applicants -- Michael Kelley (Census Tract #2); Vernon Daniel (Dan) Shireman (Census Tract #5); Walter Pregler and Robert Schmit (At-Large) ***************************************************************************************************** PUBLIC HEARINGS SUGGESTED DISPOSITICNS 1. Proof of Publication on Notice of Public Hearing to consider disposing of property Rec. & File in Kerper Boulevard Industrial Park Economic Development District to Eagle Window & Door, Inc. and Dubuque-Eagle, LLC. RESOLUTION Determining that the proposal of Eagle Window & Door, Inc. and Dubuque-Eagle, LLC is in compliance for disposition of property in Kerper Boulevard Industrial Park Economic Development District. Adopt RESOLUTION Accepting the proposal for sale and private development of property in Kerper Boulevard Industrial Park Economic Development District. Adopt 1 ! . . 2. Proof of Publication on Notice of Public Hearing to consider disposing of Part of Fee. & File Lot 4 FDL First Addition and Part of Lot 1, Block 5 Dubuque Packing Company Addition to John P. Mihalakis and Richard L. Billmeyer. RESOLUTION Determining that the proposal of John P. Mihalakis and Richard L. Adopt Billmeyer is in compliance for disposition of Part of Lot 4 FDL First Addition and Part of Lot 1, Block 5 Dubuque Packing Company Addition. RESOLUTION Accepting the proposal for sale and private development of Part of Lot 4 FDL First Addition and Part of Lot 1, Block 5 Dubuque Packing Company Adopt Addition. 3. Proofs of Publication on Notice of Hearing on Plans & Specs. AND Notice to Bidders on the Receipt of Bids for Construction of Westside Intake Fee. & File Replacement Project - 1999. RESOLUTION Adopting Plans & Specs. for project. Adopt City Manager recommending to award contract for bids. Fee. & File RESOLUTION Awarding Contract for project to Renaissance of Dubuque in the Adopt amount of $37,321.00. 4. Proof of Publication on Notice of hearing to dispose of City property to Dubuque Fee. & File Lodging, Inc. d/b/a Days Inn-Dubuque. City Manager recommending to approve sale of land. Fee. & File RESOLUTION Approving sale of Lots 1, 1 A, 2 and 2A of Watters Subdivision No. Adopt 2 to Dubuque Lodging, Inc. for amt. of cost of publication and filing fees. 5. Proof of Publication on Notice of Hearing to dispose of Lot 2 of Finley Home Fee. & File Addition to Finley Hospital. City Manager recommending approval of disposal. Fec. & File RESOLUTION Approving disposal of City's interest in and approving an "Option tc Adopt Purchase" for Lot 2A of Finley Home Addition in the City in the amount of $5,000. ACTION ITEMS 1. Diane TeKippe requesting an Interpreter be available at Police Dept. for the Fee. & File hearing impaired. Ccneur wi reecrr.rr.end. City Manager recommending to continue with current practices. 2 2. Atty. Arnold Van Etten, on behalf of Rockdale Cemetery Association, requesting Council approval to abate the special assessment for the Kelly Lane project insofar as it relates to the Rockdale Cemetery Association real estate. (Deferred from meeting of 2-1-99). 3. Vickie O'Malley requesting City establish ownership of the wall on Wilbur Lane and Alice Street.! 4. City Manager recommending approval of 28E Agreement with Dubuque Community School District and authorization to execute.. I COCNCIL Refer to Cty. Mgr. Approve agreement 5. (Tabled from meeting of 2-15-99) City Manager submitting Ordinances providing Rec. & File for back-in angle parking in Fourth and Fifth Street. ORDINANCE Amending Code of Ordinances by deleting subsection (e) and MOlTON "B" adding new Subsections (e), (f) and (g) to Section 32-263 relating to angle parking MOTION "A" and adding portions of Fourth and Fifth Streets for new subsection (f). ORDINANCE Adopting a new Section 32-271 in lieu thereof to the City Code of Ordinances. ~jorION "B" MOTION "A" 6. Ed Tschiggfrie requesting City's assistance to secure a sanitary sewer and water Rec. & File main easement by using the City's right of eminent domain. City Manager recommending to proceed with eminent domain proceedings as requested by Ed Tschiggfrie. RESOLUTION Authorizing Legal Staff to institute Eminent Domain Proceedings for sanitary sewer and water main easement to service Alpine Mobile Home Park. 7. (Tabled from meeting of November 2, 199B) City Manager recommending approval and awarding of contract for Curb Ramp Installation - 17th St. area. RESOLUTION Adopting plans and specs. for project. RESOLUTION Awarding contract for project to Renaissance of Dubuque in the amount of $51,696.71. ITEMS TO BE SET FOR PUBLIC HEARINGS 1. City Manager requesting public hearing be set for March 1, 1999 to consider voluntary annexation for approx. 39.8 acres for properties located east of Peru Road, south of the Ginger Ridge subdivision, and north of the Terrace Heights Mobile Home Park as requested by Ronald and Joann Ludwig, Lawrence and Katherine Ludwig and Edward Tschiggfrie. 3 Rec. & File Adopt Rec. & File Adopt Adopt Approve request 2. Zoning Advisory Commission advising of their approval to rezone property locate West of Peru Road and North of Kennedy Court from County AG to PUD with a Rec. & File PR designation, for Emerald Acres No.2, concurrent with annexation. (T schiggfrie) 3. ORDINANCE Amending Zoning Map by reclassifying property from County Agricultural to PUD Planned Unit Development with a PR Planned Residential Zoning designation. Zoning Advisory Commission advising of their approval to rezone property at 17111 Peru Road (County) from County AG to R-1 District. (Ludwig) ORDINANCE Amending Zoning Map by reclassifying property located at 17111 Peru Road from County Agricultural to City R-1 Single-Family Residential District, concurrent with annexation. 4. Zoning Advisory Commission advising of their approval to rezone property on Peru Road north of Kennedy Court off Peru Rd. from AG to R-1 District (Tschiggfrie) MOlICN "E" MOTION "D" Hrg. 3-1-99 Rec. & File MOTION "E" MorICN "D" Hrg. :~1-99 Rec. & File MOTION "B" ORDINANCE Amending Zoning Map by reclassifying property located North of MOTICN "D" Kennedy Court and West of Peru Road from AG Agricultural to R-1 Single-Family Residential District. Hrg. 2-1-99 5. Zoning Advisory Commission advising of their approval to rezone property at Rec. & File Southwest Corner of Asbury Rd. and Northwest Arterial from C-3 and AG to PUD with PC designation (Jessie Anesi/Aldi Inc.) 6. ORDINANCE Amending Zoning Map by reclassifying property located at Southwest corner of Asbury Road and the Northwest Arterial from C-3 General Commercial, with conditions, and AG Agricultural to PUD Planned Unit Development District with a PC Planned Commercial District designation and adopting a Conceptual Development Plan, with conditions. Zoning Advisory Commission advising of their approval to rezone property adjacent to and West of 3939 Pennsylvania Ave. from R-1 to C-3 District. (East Dubuque Bancshares/Dubuque Assemblies of God) ORDINANCE Amending Zoning Map by reclassifying property located adjacent to 3939 Pennsylvania Avenue from R-1 Single-Family Residential District to C-3 General Commercial District. 7. Zoning Advisory Commission advising of their approval to amend PC district for property at 255 J.F. Kennedy Road to allow freestanding signs. (Kieffer & Co., Inc.lShopKo) ORDINANCE Amending Zoning Ordinance by enacting a new Section 2.E(1) in lieu thereof pertaining to freestanding signage of the PC Planned Commercial District located at 255 John F. Kennedy Road. 4 MOTION "E" MOTION "I:" Hrq. 3-1-99 Rec. & File orION "B" orION "D" rg. ?-1-99 Rec. &. File MC'IICN "E" MarICN "D" Hrg. 3-1-99 . 8. Zoning Advisory Commission advising of their denial to rezone property at 4100 Rec. & File Asbury Road from AG to C-2 District. (Hilby) Tim Hilby requesting Council set matter for public hearing on 3-15-99. Rec. & File ORDINANCE Amending Zoning Map by reclassifying property located at 4100 Asbury Road from AG Agricultural District to C-2 Neighborhood Shopping Center District. MellON "B" MOlION "D" Hrg. 3-15-99 CONSENT ITEMS 1. MINUTES SUBMITTED -- Cable Teleprogramming of 2-2; Electrical Code Bd. of 2-1; Housing Commission Trust Fund Committee of 1-29 & 2-4; Human Rights Commission of 12-14; Long Range Planning Advisory Commission of 1-20; Park & Recreation Commission of 1-12; Plumbing Board of 2-2; Transit Board of 1-21; Zoning Board of Adjustment of 1-28. Rec. & File Investment Oversight Commission submitting their 23rd quarterly report. Rec. & File Proofs of Publication on publishing council proceedings for meeting of 1-18-99; List of Claims and Summary of Revenues for month ending December, 1998. Rec. c: FjJe Finance Director submitting Financial reports for month ending January, 1999. Rec. & File 2. NOTICES OF CLAIMS/SUITS -- Emily Balis in est. amt. of $1882.69 for vehicle Refer to damages; Fred Brenke, Jr. in unknown total amount for vehicle damages and Le9al Staff personal injuries; Jack Crahan in amt. of $1,407.04 for vehicle damages; Christina f/mv ~ & Schiessl in unknown amount for injuries; Terrence Schmidt in est. amt. of $820.44 repcr for vehicle damages; Jeff Vandermillen in amount of $4025.00 for vehicle damages. 3, Corporation Counsel advising following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Property damage & cleanup costs of Doris Anthony; Vehicle damage of Coca Cola Bottling Co. Rec. & File Approve Corporation Counsel recommending denial of car damage claim of Scott Leibfried. denial Corporation Counsel recommending settlement of property damage claim of Approve Joseph & Margaret Kemp in amount of $20.00 and direct Finance Officer to issue check. 4. REFUND REQUESTED -- Liquor Depot, in amount of $25.00 for unexpired Cigarette License. Ar:;prove- F.D. issue ck 5 5. IA DOT advising of Open Forum Location Public Hearing to be held on Feb. 16th F' 1 Rec. & 1 e at Dubuque Senior High School Cafeteria to discuss proposed four-lane construction of Iowa 32 (Southwest Arterial) between U.S. 61/151 and U.S. 20. 6. Dubuque Metropolitan Area Solid Waste Agency submitting their budget for Fiscal Rec. & File Year 2000. 7. City Manager recommending approval of purchase agreement for property at 501- Rec. & File 503 22nd Street for development of a trail head for Heritage Trail. RESOLUTION Advising of intent to acquire real estate at 501-503 East 22nd St. Adopt 8. Colleen Bradley requesting City provide a "Carriage Building" on 6th St. adjacent Rec. & File to the Mississippi Riverwalk Project for horse-drawn carriage tours. City Manager recommending to proceed with request from Colleen Bradley. 9. City Manager recommending approval of assumption of promissory note and mortgage obligation for property at 101-123 Main St. RESOLUTION Approving an agreement for property at 101-123 Main Street with Sidney & Colleen Wallace. Apprcve reeanmend . Pee.:. & File AdOIJt 10. National League of Cities advising that Council Member Dan Nicholson has been Fee. & File selected to serve on the 1999 Information Technology and Communications (ITC) Steering Committee 11. City Manager recommending approval of Collective Bargaining Agreement Rec. & File between the City and General Drivers and Helpers Union, Local #421. RESOLUTION Approving the agreement between the City and the General Drivers and Helpers Union, Local #421, and authorizing Mayor to sign the Agreement. 12. City Manager submitting FY 1998 Comprehensive Annual Financial Report and Audit Reports. 13. City Manager recommending approval of Storm Sewer Stenciling Program. 6 Acopt Fee. & File Ree. & File A rove 14. City Manager recommending acceptance of 1998 P.C. Concrete Paving Project. Rec. & File RESOLUTION Accepting Improvement for project RESOLUTION Approving final estimate in amount of $590,748.27. RESOLUTION Approval of Preliminary Schedule of Assessments for project. Adopt Adopt Adopt 15. City Manager recommending acceptance of Radford Road Reconstruction Project Rec. & File RESOLUTION Accepting Improvement for project RESOLUTION Approving final estimate in amount of $1,503,381.49. RESOLUTION Approval of Preliminary Schedule of Assessments for project. 16. City Manager recommending to proceed with voluntary annexation request of Patrick and Sandra Welsh for property south to the future industrial park, or north to the Dubuque Industrial Center West. 17. City Manager recommending approval of Residential Urban Revitalization applications. Jldopt Adopt Adopt Approve reccmmend. Rec. & File RESOLUTION Approving residential property tax exemption applications in Urban Jldopt Revitalization Areas. RESOLUTION Approving Residential Property Tax Exemption Applications submitted after the legislated filing date 18. City Manager recommending approval of Enterprise Zone Commission Membership for the City. RESOLUTION Confirming membership of Enterprise Zone Commission for the City of Dubuque. 19. City Manager recommending contribution of an additional $10,000 from Cable TV fund to Iowa League of Cities in support to protect the rights of Iowa cities in their rights-of-way. Adopt Rec. & File Adopt Approve reccmmend 20. City Manager recommending approval of an application for M1 08 Loan Guarantee Rec. & File for Eagle Window. RESOLUTION Authorizing filing of an application for $2.03 Million Loan Guarantee through Subpart M Section 108 of Community Development Block Grant program to assist Eagle Window. 7 Adopt 21. Human Rights Commission Chairperson requesting input comments regarding reactivation of the concept of "Talk Cities" in the City. Rec. & File 22. BUSINESS L1CENSES--RESOLUTION Granting issuance of Cigarette License to klopt Liquor Depot, Inc. RESOLUTION Granting issuance of Class "C" Beer Permits to K.C.'s Downtown Adopt Auto Center; Oky Doky #8. RESOLUTION Granting issuance of Class "C" Liquor License to Town Clock Inn, Adopt Galaxies, Chi-Chi's, The Clubhouse and Dubuque Mining Company. PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concern to them 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 REMINDER: 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-- In accordance with Chapter 21.5 1.(j) State Code of Iowa, 1997 as amended 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. Mary A. Davis, CMC 1 :00 p.m. - 2-11-99 8