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02 15 99 Skeleton Sheet . . . -,-. ... . ..... CITY COUNCIL, REGULAR SESSION, FEBRUARY 15,1999 COUNCIL MET AT 7:00 p.m. PUBLIC LIBRARY AUDITOR~YMF ~/ PRESENT-~YOR DUGG~ ~O~ ME~ Bu6L, MARKHAM, MICHA~I, NICHOLSON, ROBllINS, V~BERG. CITY MANAGER ~HAEL VAN MILU6EN, CORPORATION COUNSEL BARRY A. LlN~HL. 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 -- Father Dwa~e Thoman, Spiritual Director of Wahlert High School- ' , PROCLAMATION -- Feb. 14-20 as "Business Professionals of America Week" 1 ."jC . . I "llIIl . 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 & 2-9; Plumbing Board of 2-2; Transit Board of 1- 21; Zoning Board of Adjustment of 1-28. ;~ }l"', " Investment Oversight Commission submitting their 23rd quarterly r PO(!. ~t I Proofs of Publication certified to by the Publisher on publishing coun~1 proceedings for meeting of 1-18-99; List of Claims and Summary Of~, evenues for month ending December, 1998. ]v Ii I \J Finance Director submitting Financial reports for month ending January, 1999. ! )L 1~ NOTICES OF CLAIMS/SUITS -- Emily Balis in est. amt. of $1882.69 for vehicle damages; Fred Brenke, Jr. in unknown total amount for vehicle damages and personal injuries; Jack Crahan in amt. of $1 ,407.04 for vehicle damages; Christina Schiessl in unknown amount for injuries; Terrence Schmidt in est. amt. of $820.4 ., for vehicle damages; Jeff Vandermillen in amount of $4025.00 for, V[;i',Cle I) I - L~ a damages. b ',~I V- Corporation Counsel advising following claims have been tt::d 0 P ; blic Ent - , 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. ~ ,j jV(1J Corporation Counsel recommending denial of car damage claim of Scot~ ~ Corporation Counsel recommending settlement of property damage 1z1;m of Joseph & Margaret Kemp in amount of $20.00 and direct Finance O;r;l~r to issue check. ~ " j I YEASm '6IBUOL DUGGAN MARKHAM MICHALSKI NICHOLSON ROBBiNS GVOETBEFlG . . CONSENT ITEMS 2. 3, YEAS NAYS SUOL DUGGAN MARKHAM MICHALSKI NICHOLSON ROBBINS VOETBEFlG 2 NAYS 14. 1 1 . . 5. REFUND REQUESTED -- Liquor Depot, in amount of $25.00 for unexpired Cigarette License. 1{' (p.i~) IA DOT advising of Open Forum Location Public Hearing to be held on Feb. 16th at Dubuque Senior High School Cafeteria to discuss proposed four-lane construction of Iowa 32 (Southwest Arterial) between U.S. 61/151 and y.S. 20. ~y 'D. Dubuque Metropolitan Area Solid Waste Agency submitting their cudgel for Fiscal Year 2000. tI e City Manager recommending approval of purchase agreement for ~perty at 501- 503 22nd Street for development of a trail head for Heritage Trail. l & ( JvJV RESOLUTION NO. -99 Advising of intent to acquire real est t 501-503 East 22nd St. to the Mississippi Riverwalk Project for horse-drawn carriage tours. /vtl l City Manager recommending to proceed with request from Colleen Bradle . 6. 7. 8. 9. City Manager recommending approval of assumption of promissory,note I d mortgage ObIi9~t~ ~roperty at 101-123 Main St. jUv't RESOLUTIO~O~i~g an agreement for property at 101-123 Main Street with Sidney & Colleen Wallace. ~/ YEAS NAYS @. BUOL DUGGAN MARKHAM MICHALSKI NICHOLSON ROBBINS (fNOETBEF-1G YEAS NAYS BUOL DUGGAN MARKHAM M!CHALSKi NICHOLSON ROBBINS VOETBERG 3 110. 11. 12. 13. 1 1 National League of Cities advising that Council Member Dan Nicholson has been selected to serve on the 1999 Information Technology and Communications (ITC) Steering Committee. _~J t City Manager recommending approval of Collective Bargaining Agreement between the City and Gen~ral Drivers and Helpers un; ~rl #421. RESOLUTION NO. ~ -99 Approving the agreement between the City and the General Drivers and Helpers Union, Local #421, and authorizing Mayor to sign the Agreement ~ City Manager submitting FY 1998 Comprehensive Annual Financial Report and Audit Reports. .J j fv D City Manager recommending approval of Storm Sewer Stenciling Program. qfr/ v [I \J , YEAS NAYS (!l BUOL . DUGGAN MARKHAM ". ,'" \-1 t\ L c,.;' 1 '>.j..lf ,,--'"- i~j , ~:>-" ~ -. ~ () L ::3. t; P (j)VD fJ, r~J, t (,~,~ Ej L', YEAS NAYS BUOL DUGGAN MARKHAM MICHALSKI NICHOLSON ROBBINS VOETBERG 4 .14. 15. .16. . City Manager recommending acceptance of 1998 P.C. Concrete Paving Project. RESOLUTION NO. ~ 1 .99 Accepting Improvemenh~1rtJ1 r RESOLUTION NO. ll1 -99 Approving final estimate in a~2ru-nnfo off $590,748.27. . RESOLUTION NO. ~ q -99 Approval of Preliminary Schedule of "Jt"' Assessments for project. pf City Manager recommending acceptance of Radford Road Reconstruction Project. o rLil RESOLUTION NO. l' -99 Accepting Improvement for project D RESOLUTION NO. ---.1L.99 Approving final estimate in a~,,/,fr $1,503,381.49. v::r _ RESOLUTION NO 7 J- -99 Approval of Preliminary SChePfdle 0 Assessments for project. '- f; 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. v/ ~. NAYS YEAr;y BUOL DUGGAN MARKHAM f.1l1CH !\L~3V': NICHOLS ii R() E3t1 t i..l ~3 1/) VOCTQCr'.; U ......UL'. YEAS NAYS BUOL DUGGAN MARKHAM MICHALSKI NICHOLSON ROBBINS VOETBFpr 5 .17. 18. 19. 20. . . City Manager recommending approval of Residential Urban Revitalization applications. ~ ~.f{ RESOLUTION NO. 1 01 -99 Approving residential property tax exemption applications in Urban Revitalization Areas. (' MF RESOLUTION NO. '74" -99 Approving Residen~1 pfoperty Tax Exemption Applications submitted after the legislated filing date. f\ JJ'l.I:{ City Manager recommending approval of Enterprise Zone t;m~ission Membership for the City / ~J.f RESOLUTION NO. 1/J -99 Confirming membership of Ea::te~riS Zone Commission for the City of Dubuque. City Manager recommending contribution of an additional $1'0,0 ' from Cable TV fund to Iowa League of Cities in support to protect the rights of Iowa cities in their rights-of-way. orri ~ / City Manager recommending approval of an application Nil M1 08 Loan Guarantee for Eagle Window. . ~ / )vv .~ RESOLUTION NO. 1 ~ -99 Authorizing filing of an appl ation for $2.03 Million Loan Guarantee through Subpart M Section 108 of Community Development Block Grant program to assist Eagle Window. 1 YEASC\ ~ BUOL DUGGAN MARKHAM ~/!CHALSKl NAYS t1; c; t-i 0 1_8 () f\.J POBB!NS /7\, ) r' ... ...,. " ; : (!J V \) f:: \ !.' t.:.. YEAS NAYS 6 BUOL DUGGAN MARKHAM MICHALSKI NICHOLSON ROBBINS VOETRI=Of' -21. Human Rights Commission Chairperson requesting input comments regarding reactivation of the concept of "Talk Circles" in the City. \~ ~ b ADDENDUM 21A. 22. . . RESOLUTION NO. 11 --99 Accepting conveyance of property at 120 W. 4th 51. ~ RESOLUTION NO. 7 t -99 Granting issuance of c;gar:te License to Liquor Depot, Inc. ~ RESOLUTION NO. 71 -99 Granting issuance of Class "C" Beer Permits to K.C.'s Downtown Auto ~nter; Oky Doky #8. " M:r' RESOLUTION NO. ,:0 -99 Granting issuance of Class "tLiqZor License to Town Clock Inn, Galaxies, Chi-Chi's, The Clubhouse and Dubuque Mining Company. .~. . . 0/' J YEA~\ NAYS <~1jBUOL YUGGAN M r '~1 V I~ J\ r'A . C'; i"-~ /.~. L ~~.j ~;: i : , .,HULSOI'~ HOBBINS (c) VOETBERG '(EAS NAYS BUOL DUGGAN MARKHAM MICHALSKI NICHOLSON ROBBINS VOETBERG 7 . 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. ~~~ j 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) ~':J 'l F~ NAY:,) BUOL DLJGGAj\j . AFi}<H /l !(:;i'-iA'_~~Kl /yr-j .. C3J;A! ICHOLSON ROBBINS @;OETBERG '('r.AS ~YS BUOL 'f/. DURGK~~~ ~... -==-- 1r'H/' I S!(' ~//- --. ".' ,"L.'-' 1....T4. .." HOLSO~~ ...-....~.................................. B R! N SL.Ll..------- EF~~_-~~.--.. . ~ i ::, 111, DLiGG/\i\I 8 ,. F-j'KHAM ICHALS!Cl iCHOLSON ROBBINS VOETBERG . . . PUBLIC HEARINGS YEAS /:) tYBUOL DUGGAN MARKHAM MICHALSKI /~{CHOLSON ~OBBINS VOETBEFiG NAYS SUSPEND THE RULES 1. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider disposing of property in Kerper Boulevard Industrial Park Economic Development District to Eagle Window & Door, Inc. and Dubuque-Eagle, LLC. Statement from City Clerk reporting no competing proposal,;:;:,Jreceived regarding purchase and de~elopment of above pro~erty.. ; /J~ I!4tA-u- it ~uV (/~ /IY1D RE~OLlfTION NO. c;/I' -99 D~r~ing~at the proposal of Eagle Window & Door, Inc. and Dubuque-Eagle, LLC is in compliance for disposition of property in Kerper Boulevard Industrial Park Economic Developme t 'strict. RESOLUTION NO. tj 1- -99 Accepting the proposal for sal" and private development ofproperty in Kerper Boulevard Industrial ~pomiC Development Dlstnct. ~.l._ YEAS NAYS @ BUOL DUGGAN MARKHAM ~.J\!CHi\LSK! I') ! (~ H 0 1_ ~3l~.1\i /:;\ H C) 8 E~ t r.! ~.... ~/;) [F~\ C: Jf\ S NAYS 9 BUOL DUGGAN MARKHAM [vi/CHALSKI I\JlCHOLSON ROBBINS VOETBERG 12. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider disposing of Part of Lot 4 FDL First Addition and Part of Lot 1, Block 5 Dubuque Packing Company Addition to John P. Mihalakis and Richard L. Billmeyer. r- ~{ Statement from City Clerk reporting no Competing Proposal were received for the purchase and development of Part of Lot 4 FDL First Addition and Part of Lot 1, Block 5 Dubuque Packi~g Company Addition, . ".t ;? Ju i ~.r " .n.{ l---- .Il'L . f/ J# j v RESOLUTION NO. 1- -99 Determinin tha the proposal of John P. Mihalakis and Richard L. 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 NO. fl-gg Accepting the proposal for ~ private development of Part of Lot 4 FDL First Addition and Part of Lot 1, Block 5 Dubuque Packing Company Addition. . ~ / [j/ ~ YEAS NAYS BUOL DUGGAN ARKHAM lCHA.LSI<:1 . . 10 ~ nLsr"~.l [) ~ ~ lEAS NAYS BUOL DUGGAN MARKHAM f\AICHALSKI \\JlCHOLSON ROBBINS VOETBERG 13. 1 1 " Proofs of Publication certified to by the Publisher on Notice of Hearing on Plans & Specs. AND Notice to Bidders on the Receipt of Bids for Construction of Westside Intake Replacement Project - 1999. )L j D RESOLUTION NO. ~{ -99 Adopting Plans & Specs. for project. City Manager recommend~. g to award contract for bids; ~ 7 .IV" I jI RESOLUTION NO. ~ -99 Awarding Contract fo~roject to Renaissance of Dubuque in the amount of $37,321.00. ~. {EAS 11 NAYS BUOL / DUGGAN ~ARKHAM !CHALSKI J:1.IICHOLSO[,.l V ROB!:3lNS \/OETBEFl NAYS BUOL DUGGAN ARKHAM IGHAL.SKI c\IICHOLSON ROBBINS \!OETBERG . . . . .- Proof of Publication certified to by the Publisher on Notice of hearing to dispose of City property to Dubuque Lodging, Inc. d/b/a Days Inn-Dubu~ue. }GJ~ City Manager recommending to approve sale of land.. {f (/ (1 '^ b RESOLUTION NO. () I -99 Approving sale of Lots 1, 1 A, 2 and 2A of Watters Subdivision NO.2 to Dubuque Lodging, Inc. for amt. of cost of publication and filing fees. 4. v1 12 EAC22sUOL NAYS DUGGAN MARKHAM lL~Hl\LSl(~ iCHOLSO RC)BBINS G ETBEHD [AS NAYS BUOL DUGGAN f"iARKHAM :C;!-1ALSKI '~.:-jOLSON ') ~?: 1::3 ~ ~,j ~; 1:. YEAS NAYS BUOL DUGGAN MARKHAM fvllCHALSKI NICHOLSO!\1 ROBBINS vOETBERC; 15. . I Proof of Publication certified to by the Publisher on Notice of Hearing to dispose of Lot 2 of Finley Home Addition to Finley Hospital. City Manager recommending approval of di2:~..l j /t"t RESOLUTION NO. g1 -99 Approving disposal of City's interest in and approving an "Option to Purchase" for Lot 2A of Finley Home Addition in the City in the amount of $5,000. ~ lEAS NAYS BUOL DUGGAN @MARKHAM iCH/\LSKI "," (~:i-IOLSO i\! @" )iF\!'N~' A,S 13 NAYS BUOL DUGGAN ,~ /\ ,:;; l< HAM .~ ;-".1 /\ '_ S r( I f\,.: NAYS BUOL LJGGAN '-\HKHAM CHALSKI ICHOLSON :iOBBINS FTBERG ~~ ~I ~v J ^ ~ ~ . 1. ACTION ITEMS Diane TeKippe requesting an Interpreter be available at Police Dept. for the hearing impaired. n ,0/ t jY 0 City Manager recommending to continue with current practices. ~r' iEASQSUOL NAYS DUGGAN MARKHAM @\~~~CHHO~LSS;~ , V~~~~~~G / 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). 2. . 4r l' * . "'('[AS ~/~ ,~ -- /~ / NAYS BUOL/ /:)DUGGAN / l&1.1ARKHAM @. ICHALSK! /file f-.!OLS .: <o....I,! . '\.. DBI.N~,',:C' /' r--!" _ ~ -. .. ..., /~, ;~.-:: N/\YS BUOL DUGGAN ;1,1ARKHAM f\~!CHALSKI i'JICHOLSON ROBBINS VOETBERG 14 13. 1 1 .. ingCi~ners~ onw~- 'J. -f nL~ YEAS J\ I~~'-' BUOL I DUGGAN MARKHAivl MICHALS!{, NICHOLSC ROBBINS \lOETBEFl 4. City Manager recommending approval of 28E Agreement with Dubuque Community School District and authorization to execute. ~~i AS {PsUOL DUGGAr".! AHKH/\!,'j !C L::.' :Cl'IOL.S @.........'..!. \ ~,_jtj ~ J--: . 0'0 \, , BUOL DUGGI'.i\1 MARKH/\1\/: !CHi\LS((~ !\!ICHOLS01\J. ROBBINS VOETBEF1C 15 f>fJ~ .! / r' 1~6r 71 .Vr )J": }~~'1~V.1 t,P~~ ;. , . 4'~' )~~,~ ,V ,~M/ ~. VI :/ (jY~' . 1 . J{~!~~~~ 5. (Tabled from meeting of 2-15-99) City Manager submitting Ordinances providing for back-in angle parking cJ1 Fourth and Fifth Street. ORDINANCE NO. ~ -99 Amending Code of Ordinances by deleting subsection (e) and ~w Subsections (e), (f) and (g) to Section 32-263 relating to angle parki~g;Z;d adding portions of Fourth and Fifth Streets for new subsection (f). X ORDINANCE NO. -99 Adopting a new Section 32-271 in lieu thereof to the City Code of Ordina~. YEAS NAYS A/lf~ jJ tJ BUOL '. I' ~- DUGGAN MARKHAM ROBBINS 6~d Tschiggfrie requesting City's assistance to secur:~:a:::::ewer and water / main easement by using the City's right of eminent domain. ~ I City Manager recommending to proceed with eminent domain proceedings as requested by Ed TSch'Z,. 4 RESOLUTION NO. -99 Authorizing Legal Staff to institute Eminent ---OQmain Proceedings f r sanitary sewer and water main easement to service . if / ""'IPineM-~Home Park. ~ ~_.. '. \~~~ )\ YEAS NAYS' \. A / f) .IlLL, , """,___1-~~51 rmJ - ~/:.'fEAS-~O~~ ../ . ,~. i MARKHAM -' " I~/ \ t\ t.j( . (l ~~~~~;~~.~.o ~ V ) ..... k~\~'<lI\\!OE"BU;(' '___~V- ). / \ -......------------. - .. . ) ~ . I ~ \ \ \ ~'(V~ ~~ ~ j)~ //. ~~L f!Jtf/~~ (Tabled from meeting of November 2, 1998) City Manager recommending approval and awarding of contract for Curb Ramp Inst;~tion - 17th 8t. area. RESOLUTION NO. JL..-99 Adopting plans anc~\~cs. for project. RESOLUTION NO. ~-99 Awarding contract for~to Renaissance of Dubuque in the amount of $51,696. 71. ~ YE~ BUOL DUGGAN @MARKHAM ! f\/.,jCHALS / :!iCHOLS it/ HDBBlt-}:: C' f\J Av .':. \ \ ~- -'''-. I'#l NAYS . (W BUOL DUGGAN /\i~l<HAM . . C:-Ll\LSK! () ., LSO~.; .f ) / , / F1 ~ r.J ~~; r', II " ~"" ^"---,."---,- it' ~,:~.' NAYS BUOL DUGGAN !\RKHAM lCHALSKI !GHOLSON HOBBINS ETBERG 17 . 1. . . .- ITEMS TO BE SET FOR PUBLIC HEARINGS City Manager requesting public hearing be set for March 1, 1999 to co~der voluntary annexation for approx. 39.8 acres for properties located~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. YEAS NAYS r:f' , I ~ ~ BUOL h' I~ \. . DUGGAN I MARKHAM J I f\t1 iCHALSKI hilCHOLSON r~C}BB'\!S . 1t rr FF, 2. Zoning Advisory Commission advising of their approval to rezone property located West of Peru Road and North of Kennedy Court from County AG to PUD with a PR designation, for Emerald Acres No.2, concurrent with annexation. (TSchiggfrie). I ~' '~O ~ ORDINANCE NO. -99 Amending Zoning Map by reclassifying property from County Agricultu to PUD Planned Unit Development with a PR Planned Residential Zoning designation. . rv9~. :06 f/~' )/ lEAS "@BUOL DUGGAN rv;'~RKHAM (i\ICHALSKI C:HOLSON @ f3pQ'iS I". ,: r-' .~~.: ~~:..~ Lib Ui C NAYS D1JOL DUGGAN MARKHAM MICHALSKI NICHOLSON ROBBINS lr 18 . 3. . . Zoning Advisory Commission advising of their approval to rezone property at 17111 Peru Road (County) from County AG to R-1 District. (Ludwig) ORDINANCE NO. LOgg Amending Zoning Map btjasSifying property located at 17111 Peru Road from County Agricultural to City R-1 Single-Family Residential District,_concurrent with annexation. po fiY;/' ]/ . q' . 0 \' )J H:r'~ {EAS ~BUOL DUGG/\N MARKHAM fl/JICHALSKI NICHOLS f\l ROBBINS @VOETBEHG NAYS 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). j " / h)b ORDINANCE NO. ~-99 Amending ZOning) Map by reclassifying property located North of Kennedy Court and West of Peru Road from AG Agricultural to R- 1 Single-Family Residential District. 4. ~I '\ .~) > '. r}KF . oj]. YiJyr;..... J . ./i~./ q. Iv ~/. I ) ""@UOL CUGGAN i\Hi<HA~1l Cil/\LSKI NAYS J L~ tel j \1 (j)/ ':JBBl (\is ETBEHG ;\1 "t_. U L C;:UGGAN MARKHAM MICHALSKI NICHOLSON ROBBINS ""..... r--- 19 Is. Zoning Advisory Commission advising of their approval to rezone property at Southwest Corner of Asbury Rd. and Northwest Arterial from C-3 and AG to PUD with PC designation (Jessie AnesilAldi Inc.) ORDINANCE NO. L -99 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. 'lEAS NAYS , ~' 1r 1'1 )J~.. r jl/1~ ~~ YEAS(F;l LVBUOL DUGGAi\i MAf-iI<H/\ MICH!\ rJ:\IC.. : r-I... I. \ZIf" r VOETBE Zoning Advisory Commission advising of their approval to rezone property adjacent to and West of 3~39 Pennsylvania Ave. from R-1 to C-3 District. (East Dubuque Bancshares/D uque Assemblies of God) l'l.i\ BUOL DUGGAN MARKHAM M!CHALSKI NiCHOLSON ROSt]! i\JS VOETBERG 16 ORDINANCE NO. -99 Amending Zoning Map by reclassifying property located adjacent to 39 9 Pennsylvania Avenue from R-1 Single-Family Residential District to C-3 General Commercial District. 1C :I/~ 1 ,AY, 1) {J 9 jV . 1J~. ".1/[ { 7~ t1 d =.AS CAS@BUOL DUGGAN M,~RKHAM Ic!j!CHALSK! Q" . '.,.(;UO. L c;r')~.1 .. -.",!, ,~..... '- ! iJ , BBINS \/OETBERG NAYS I BUOL Due MAH1< MIC\-l NIGH, p,onu VOETBE 20 17. 1 . 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 NO. ~-99 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. lEAS NAYt, DBUOL DUGG/\N ARKHAM lCH^LSI(~j Zoning Advisory Commission advising of their denial to rezone property at 4100 Asbury Road from AG to C-2 District. (Hilby) \",,<{ t Tim Hilby requesting CO\Jncil set matter for public hearing on 3-1>5-99. / Jl~\) ORDINANCE NO. ~ -99 Amending Zoning Map by reclassifying property located at 4100 As~ro"(AG Agri~ultural District to C-2 Neighborhood Shopping Center Qi~t7C!. \)1 . ~ 4 / ~ / 1~ \ AS 'tt~)'1: /~! \ "Wi" j/I~ ~ "\ _' 'jJl !~. ,0/ ~Y1j,/~1 8. 21 i; \C\-IOLS ,\' /;;\ ,-, r) p. ' 1. ' C l31 "- :._) L_~ ~ l ,! i.,.) \} ETBEFl.C NAYS ~"-,-.J (!) @ BUOL DtJGGAN -.\F?KHAM --;HALSKI / ,-IOLSOf\! E1f3,N~:; ERG () NAYS BUOL DUGGAN ,jJ\FiKHAM lCHALSKI ; CHOLSON BBINS '/OETBEf-1G A. 'LAS NAYS . BUOL DUGGAN MARKHAM p/!lCHALSKI NICHOLSON ROBBINS VOETBERG // ~. ,// / ~ / CLOSED SESSIOt<l~~/i'n accorda~ce witl).Cf1~pter 21.51.(j) State.Cotf~wa, 1997 as amended T 9,.ttiscuss the p'urcha,se/of particular real e~tate'wher~prematu!~ disclosure <<:;,duld be reasonably.expected to inpreas~ne price th~ntal bOdY/havetopay~property. ~ YEAS, NAYS // ~UOL DUGGAN ~;4i~~'~;\~!~! ;;- f 9) G PUBLIC INPUT . /7 RE.ceNVENEDAT~.-----:7 ___~ / ~-~ ,. ADJOURNED S -'~ (1ft? YEAS NAYS BUOL DUGGAN MARKHAM MICHALS~(i f\J ICHOLSOi\i ROBBINS VOETBERG . 22 .~ \,' CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, February 15, 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 A. 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 Father Dwayne Thoman, Spiritual Director of Wahlert High School. PROCLAMATIONS -- Feb. 14-20 as "Business Professionals of America Week." 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 & 2-9; Plumbing Board of 2-2; Transit Board of 1-21; Zoning Board of Adjustment of 1-28, upon motion received and filed. Investment Oversight Commission submitting their 23rd quarterly report, upon motion received and filed. 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, upon motion received and filed. Finance Director submitting Financial reports for month ending January, 1999, upon motion received and filed. NOTICES OF CLAIMS/SUITS - Emily Balis in est. amt. of $1882.69 for vehicle damages; Fred Brenke, Jr. in unknown total amount for vehicle damages and personal injuries; Jack Crahan in amt. of $1,407.04 for vehicle damages; Christina Schiessl in unknown amount for injuries; Terrence Schmidt in est. amt. of $820.44 for vehicle damages; Jeff Vandermillen in amount of $4025.00 for vehicle damages, upon motion referred to the 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: Property damage & cleanup costs of Doris Anthony; Vehicle damage of Coca Cola Bottling Co., upon motion received and filed. Corporation Counsel recommending denial of car damage claim of Scott Leibfried, upon motion received and filed and approved denial. Corporation Counsel recommending settlement of property damage claim of Joseph & Margaret Kemp in amount of $20.00 and direct Finance Officer to issue check, upon motion received and filed and 1 '. approved recommendation. REFUND REQUESTED -- Liquor Depot, in amount of $25.00 for unexpired Cigarette License, upon motion received and filed and approved with Finance Director to issue the proper check. IA DOT advising of Open Forum Location Public Hearing to be held on Feb. 16th 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, upon motion received and filed. Dubuque Metropolitan Area Solid Waste Agency submitting their budget for Fiscal Year 2000, upon motion received and filed. City Manager recommending approval of purchase agreement for property at 501-503 22nd Street for development of a trail head for Heritage Trail, upon motion received and filed. Voetberg moved adoption of Resolution No. 64-99 Advising of intent to acquire real estate at 501-503 East 22nd St. Seconded by Buo!. Motion carried 7-0. Colleen Bradley requesting City provide a "Carriage Building" on 6th St. adjacent to the Mississippi Riverwalk Project for horse-drawn carriage tours, upon motion received and filed. City Manager recommending to proceed with request from Colleen Bradley, upon motion received and filed and approved recommendation. City Manager recommending approval of assumption of promissory note and mortgage obligation for property at 101-123 Main St., upon motion received and filed. Voetberg moved adoption of Resolution No. 65-99 Approving an agreement for property at 101-123 Main Street with Sidney & Colleen Wallace. Seconded by Buo!' Motion carried 7-0. National League of Cities advising that Council Member Dan Nicholson has been selected to serve on the 1999 Information Technology and Communications (ITC) Steering Committee, upon motion received and filed. City Manager recommending approval of Collective Bargaining Agreement between the City and General Drivers and Helpers Union, Local #421, upon motion received and filed. Voetberg moved adoption of Resolution No. 66-99 Approving the agreement between the City and the General Drivers and Helpers Union, Local #421, and authorizing Mayor to sign the Agreement. Seconded by Buo!. Motion carried 7-0. City Manager submitting FY 1998 Comprehensive Annual Financial Report and Audit Reports, upon motion received and filed. City Manager recommending approval of Storm Sewer Stenciling Program, upon motion received and filed and approved recommendation. 2 , City Manager recommending acceptance of 1998 P.C. Concrete Paving Project, upon motion received and filed. Voetberg moved adoption of: Resolution No. 67-99 Accepting Improvement for project; Resolution No. 68-99 Approving final estimate in amount of $590,748.27; Resolution No. 69-99 Approval of Preliminary Schedule of Assessments for project. Seconded by Buo/. Motion carried 7-0. City Manager recommending acceptance of Radford Road Reconstruction Project, upon motion received and filed. Voetberg moved adoption of: Resolution No. 70-99 Accepting Improvement for project; Resolution No. 71-99 Approving final estimate in amount of $1,503,381.49; Resolution No. 72-99 Approval of Preliminary Schedule of Assessments for project. Seconded by Buo/. Motion carried 7-0. 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, upon motion received and filed and approved recommendation. City Manager recommending approval of Residential Urban Revitalization applications, upon motion received and filed. Voetberg moved adoption of: Resolution No. 73-99 Approving residential property tax exemption applications in Urban Revitalization Areas;. Resolution No. 74-99 Approving Residential Property Tax Exemption Applications submitted after the legislated filing date. Seconded by Buo/. Motion carried 7-0. City Manager recommending approval of Enterprise Zone Commission Membership for the City, upon motion received and filed. Voetberg moved adoption of Resolution No. 75-99 Confirming membership of Enterprise Zone Commission for the City of Dubuque. Seconded by Buo/. Motion carried 7-0. 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, upon motion received and filed and approved recommendation. City Manager recommending approval of an application for M1 08 Loan Guarantee for Eagle Window, upon motion received and filed. Voetberg moved adoption of Resolution No. 76-99 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. Seconded by Buo/. Motion carried 7-0. Human Rights Commission Chairperson requesting input comments regarding reactivation of the concept of "Talk Circles" in the City, upon motion received and filed. Voetberg moved adoption of Resolution No. 77-99 Accepting conveyance of property at 120 W. 4th St. Seconded by Buo!. Motion carried 7-0. Voetberg moved adoption of Resolution No. 78-99 Granting issuance of Cigarette License to Liquor 3 Depot, Inc.; Resolution No. 79-99 Granting issuance of Class "C" Beer Permits to K.C.'s Downtown Auto Center; Oky Doky #8; Resolution No. 80-99 Granting issuance of Class "C" Liquor License to Town Clock Inn, Galaxies, Chi-Chi's, The Clubhouse and Dubuque Mining Company. Seconded by Buo!' Motion carried 7-0. BOARDS AND COMMISSIONS: HOUSING CODE APPEALS BOARD: Individuals are invited to address the Council to express their desire to serve. Applicants: Thomas Hannan, Robert Sampson. Mr. Sampson spoke. COMMUNITY DEVELOPMENT COMMISSION: Appointments to be made at this meeting. Applicants: Michael Kelley (Census Tract #2); Vernon Daniel (Dan) Shireman (Census Tract #5); Walter Pregler and Robert Schmit (At-Large). Voetberg moved that Michael Kelly be reappointed for Census Tract #2 and Vernon (Dan) Shireman be reappointed for Census Tract 5 for three year terms which will expire 2-15-02. Seconded by Nicholson. Motion carried 7-0. Vote on the At Large position: Buol voted for Pregler; Duggan voted for Pregler; Markham voted for Pregler; Michalski voted for Pregler; Nicholson voted for Pregler; Robbins voted for Pregler; and Voetberg voted for Pregler. Therefore, Walter Pregler reappointed for the At Large term on the Community Development Commission for a three year term which will expire 2-15-02. Upon motion the rules were suspended to allow anyo.ne present to address the Council if they so desire. Proof of Publication on Notice of Public Hearing to consider disposing of property in Kerper Boulevard Industrial Park Economic Development District to Eagle Window & Door, Inc. and Dubuque-Eagle, LLC.; Statement from City Clerk reporting no competing proposals were received regarding purchase and development of above property, and City Manager recommending to dispose of property, upon motion received and filed. Buol moved adoption of Resolution No. 81-99 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 and Resolution No. 82-99 Accepting the proposal for sale and private development of property in Kerper Boulevard Industrial Park Economic Development District. Seconded by Voetberg. Motion carried 7-0. Proof of Publication on Notice of Public Hearing to consider disposing of Part of Lot 4 FDL First Addition and Part of Lot 1, Block 5 Dubuque Packing Company Addition to John P. Mihalakis and Richard L. Billmeyer; Statement from City Clerk reporting no Competing Proposals were received for the purchase and development of Part of Lot 4 FDL First Addition and Part of Lot 1, Block 5 Dubuque Packing Company Addition and City Manager recommending to dispose of the property, upon motion received and filed. Robbins moved adoption of Resolution No. 83-99 Determining that the proposal of John P. Mihalakis and Richard L. 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 and Resolution No. 84-99 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 Addition. Seconded by Nicholson. Motion carried 7-0. 4 " , . . Proofs of Publication on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt of Bids for the Construction of Westside Intake Replacement Project - 1999, upon motion received and filed. Markham moved adoption of Resolution No. 85-99 Adopting Plans & Specs. for project. Seconded by Robbins. Motion carried 7-0. City Manager recommending to award contract for bids, upon motion received and filed. Markham moved adoption of Resolution No. 86-99 Awarding Contract for project to Renaissance of Dubuque in the amount of $37,321.00. Seconded by Robbins. Motion carried 7-0. Proof of Publication on Notice of hearing to dispose of City property to Dubuque Lodging, Inc. d/b/a Days Inn-Dubuque and City Manager recommending to approve sale of land, upon motion received and filed. Voetberg moved adoption of Resolution No. 87-99 Approving sale of Lots 1, 1A, 2 and 2A of Watters Subdivision NO.2 to Dubuque Lodging, Inc. for amt. of cost of publication and filing fees. Seconded by Buo!. Motion carried 7-0. Proof of Publication on Notice of Hearing to dispose of Lot 2 of Finley Home Addition to Finley Hospital and City Manager recommending approval of disposal, upon motion received and filed. Markham moved adoption of Resolution No. 88-99 Approving disposal of City's interest in and approving an "Option to Purchase" for Lot 2A of Finley Home Addition in the City in the amount of $5,000. Seconded by Robbins. Motion carried 7-0. Diane TeKippe requesting an Interpreter be available at Police Dept. for the hearing impaired and City Manager recommending to continue with current practices, upon motion received and filed and approved Manager's recommendation. Deb Herrig interpreted for Diane Tekippe in her request. 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), upon motion assessment reduced to $5.00. Dennis Bradley, Pres. of the Rockdale Cemetery Assn. and Marian Williams spoke requesting abatement of assessment. City Manager recommending approval of 28E Agreement with Dubuque Community School District and authorization to execute, upon motion received and filed and approved recommendation. Rhodes "Bud" Isenhart spoke giving an update on proposed State legislation regarding monies school districts will receive. The following item was tabled from meeting of 2-15-99, now upon motion removed from the table. City Manager submitting Ordinances providing for back-in angle parking in Fourth and Fifth Street; an Ordinance Amending Code of Ordinances by deleting subsection (e) and adding new Subsections (e), (f) and (g) to Section 32-263 relating to angle parking and adding portions of Fourth and Fifth Streets for new subsection (f) and an Ordinance Adopting a new Section 32-271 in lieu thereof to the City Code of Ordinances, upon motion tabled to the Council Meeting of 3-15-99. 5 Mayor Duggan left the Chambers at 7:54 p.m. Ed Tschiggfrie requesting City's assistance to secure a sanitary sewer and water main easement by using the City's right of eminent domain and City Manager recommending to proceed with eminent domain proceedings as requested by Ed Tschiggfrie and a Resolution Authorizing Legal Staff to institute Eminent Domain Proceedings for sanitary sewer and water main easement to service Alpine Mobile Home Park, upon motion tabled this matter to the Council Meeting of 3-15-99. Rod Tschiggfrie spoke giving specifics of the request. Galen Manternach, owner of Terrace Estates Mobile Home Park, spoke giving further information. Mayor Duggan returned to the Council Chambers. The following item was tabled from the meeting of November 2, 1998 and upon motion removed from the table. City Manager recommending approval and awarding of contract for Curb Ramp Installation _ 17th St. area, upon motion received and filed. Michalski moved adoption of Resolution No. 89-99 Adopting plans and specs. for project and Resolution No. 90-99 Awarding contract for project to Renaissance of Dubuque in the amount of $51,696.71. Seconded by Buo!. Carried by the following motion: Yeas--Duggan, Buol, Markham, Michalski, Robbins, Voetberg. Nays--Nicholson. City Manager requesting public hearing be set for March 1, 1999 to consider voluntary annexation for approx. 39.8 acres of properties located west 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, upon motion approved request and set hearing for 3-1- 99 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Zoning Advisory Commission advising of their approval to rezone property located West of Peru Road and North of Kennedy Court from County AG to PUD with a PR designation, for Emerald Acres No.2, concurrent with annexation (Tschiggfrie), upon motion received and filed. An Ordinance Amending Zoning Map by reclassifying property from County Agricultural to PUD Planned Unit Development with a PR Planned Residential Zoning designation, presented and read. Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Buo!. Motion carried 7-0. Voetberg moved that a Public Hearing be held on the proposed Ordinance on the 1 st day of March, 1999 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Buo!' Motion carried 7-0. Zoning Advisory Commission advising of their approval to rezone property at 17111 Peru Road (County) from County AG to R-1 District. (Ludwig), upon motion received and filed. An 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, presented and read. Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Buo!. Motion carried 7-0. Voetberg moved that a Public Hearing be held on the proposed 6 ~ . Ordinance on the 1 st day of March, 1999 at 7:00 p.rn. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Buo!. Motion carried 7-0. 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), upon motion received and filed. An Ordinance Amending Zoning Map by reclassifying property located North of Kennedy Court and West of Peru Road from AG Agricultural to R-1 Single-Family Residential District, presented and read. Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Buo!' Motion carried 7-0. Voetberg moved that a Public Hearing be held on the proposed Ordinance on the 1 st day of March, 1999 at 7:00 p.rn. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Buo!. Motion carried 7-0. Zoning Advisory Commission advising of their approval to rezone property at Southwest Corner of Asbury Rd. and Northwest Arterial from C-3 and AG to PUD with PC designation (Jessie AnesilAldi Inc.), upon motion received and filed. An 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 Con.ceptual Development Plan, with conditions, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Robbins. Motion carried 7-0. Buol moved that a Public Hearing be held on the proposed Ordinance on the 1 st day of March, 1999 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Robbins. Motion carried 7-0. 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), upon motion received and filed. An 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, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Robbins. Motion carried 7-0. Buol moved that a Public Hearing be held on the proposed Ordinance on the 1 st day of March, 1999 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Robbins. Motion carried 7-0. 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), upon motion received and filed. An 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, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and 7 voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Robbins. Motion carried 7-0. Buol moved that a Public Hearing be held on the proposed Ordinance on the 1 st day of March, 1999 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Robbins. Motion carried 7-0. Zoning Advisory Commission advising of their denial to rezone property at 4100 Asbury Road from AG to C-2 District (Hilby) and Tim Hilby requesting Council set matter for public hearing on 3-15-99, upon motion received and filed. An Ordinance Amending Zoning Map by reclassifying property located at 4100 Asbury Road from AG Agricultural District to C-2 Neighborhood Shopping Center District, presented and read. Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Robbins. Carried by the following vote: Yeas-Duggan, Buol, Markham, Michalski, Nicholson, Robbins. Nays--Voetberg. Michalski moved that a Public Hearing be held on the proposed Ordinance on the 15th day of March, 1999 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Robbins. Motion carried 7-0. There being no further business, upon motion meeting adjourned at 8:34 p.m. ~!}~ Mary A Davis CMC, City Clerk 1 t 2/27 8