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03 01 99 Agenda r " ' . CITY COUNCIL--SPECIAL SESSION 5:45 P.M. PUBLIC LIBRARY AUDITORIUM .... .. DISCUSSION ON DESIGN FOR OPENING 8TH STREET AND WORK ON TOWN CLOCK PLAZA **********AAAAAAAAAAA********AAAAAAAAAA********AAAAAAAAAAAAAAAAAAAAAAAAAAAA*AAAA*AA*A******AAAAAAAAAA AGENDA - CITY COUNCIL MEETING MONDAY-MARCH 1, 1999 7:00 P.M. PUBLIC LIBRARY AUDITORIUM INVOCATION -- Sister Gabrielle Hoefer, Hospital Chaplain, Mercy Medical Center CONSENT ITEMS SEE PAGES #5.6 & 7 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 Appointments to Housing Code Appeals Board -- Applicants - Tom Hannan, Robert Sampson ***************************************************************************************************** StxJGESTED DISPCSITIONS PUBLIC HEARINGS 1. Proof of Publication on Notice of Public Hearing to consider annexing properties Rec. & File as requested by Ronald & Joann Ludwig and Lawrence and Katherine Ludwig located west of Peru Road, south of the Ginger Ridge subdivision and north of th Terrace Heights Mobile Home Park. RESOLUTION Annexing above properties to the City of Dubuque. Adopt 2. Proof of Publication on Notice of Public Hearing to consider reclassifying Rec. & File properties West of Peru Road and North of Kennedy Court from County A-1 to PUD for Emerald Acres No.2, concurrent with annexation (Lawrence & Katherine Ludwig with contract to Tschiggfrie) . ORDINANCE Reclassifying property located West of Peru Road and North of MOTIGN "A" Kennedy Court from Dubuque County A-1 Agricultural District to City's PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a Conceptual Development plan with conditions, for Emerald Acres NO.2. (1 st & 2nd rdgs. given 2-15-99) ORDER OF ROLL CALL FOR MEETI"JG OF 3-1-99 ... DUGGAN MARKHAM MICHALSKI NICHOLSON ROBBINS VOETBERG BUOL " . 3. Proof of Publication on Notice of Public Hearing to consider reclassifying property Rec. & File located at 17111 Peru Road from County A-1 to R-1, concurrent with annexation (Ronald & Joann Ludwig) ORDINANCE Reclassifying property located at 17111 Peru Road from Dubuque MCTICN "A" County A-1 Agricultural District to City's R-1 Single-Family Residential District. (1 st & 2nd rdgs. given 2-15-99) 4. Proof of Publication on Notice of Public Hearing to consider reclassifying property Rec. & File North of Kennedy Court and West of Peru Rd. from AG to R-1 District. (Tschiggfrie) ORDINANCE Reclassifying property located North of Kennedy Court and West of MO'TICN 'A" Peru Road from AG Agricultural District to R-1 Single-Family Residential District. (1 st & 2nd rdgs. given 2-15-99) 5. Proof of Publication on Notice of Public Hearing to consider reclassifying property Rec. & File adjacent to 3939 Pennsylvania Ave. from R-1 to C-3 District. (East Dubuque Bancshares) . ORDINANCE Reclassifying property located adjacent to 3939 Pennsylvania MOITCN "A" Avenue from R-1 Single-Family Residential District to C-3 General Commercial District. (1 st & 2nd rdgs. given 2-15-99) 6. Proof of Publication on Notice of Public Hearing to consider amendment Rec. & File pertaining to freestanding signage of PC District located at 255 JFK Rd. (Shopko) ~ ORDINANCE Repealing Section 2.E(1) of Ordinance No. 61-89 and 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. (1 st & 2nd rdgs. given 2-15-99). MO'IICN "A" 7. Proof of Publication on Notice of Hearing to consider issuance of not to exceed $900,000 Urban Renewal Tax Increment Revenue Bond to support Advanced Data-Comm Project. Rec. & File City Manager recommending to proceed with issuance of bonds. Rec. & File RESOLUTION Instituting proceedings to take additional action for the issuance of ADOPT not to exceed $900,000 Urban Renewal Tax Increment Revenue Bonds. . 2 . 8. Proof of Publication on Notice of Public Hearing to consider reclassifying property Rec. & File at Southwest corner of Northwest Arterial and Asbury Rd. from AG and C-3 District to PC designation. (QHQ Properties) Petition containing 164 names objecting to rezoning request and access road to Rec. & File the Northwest Arterial. QHQ responding to issued regarding the zoning at Northwest Arterial & Asbury. Rec. & File ORDINANCE Reclassifying property located at Southwest corner of the Northwest Arterial and Asbury Road from AG Agricultural District and C-3 General MOlTON "A" Commercial District, with conditions, to PUD Planned Unit Development District with a PC Planned Commercial District designation and adopting a Conceptual Development Plan, with conditions. (1 st & 2nd rdgs. given 2-15-99) 9. Proofs of Publication on Notice of Hearing on Plans & Specs. and Notice to Rec. & File Bidders on Receipt of Bids for Dubuque Greyhound Park & Casino Kennel Area Parking Lot Improvements. RESOLUTION Adopting Plans & Specs. for project. City Manager recommending to awarding contract for project. . RESOLUTION Awarding Contract for project to Tschiggfrie Excavating in the amount of $60,092.50. Adopt ACTION ITEMS 1. City Manager recommending approval of revisions to Code of Ordinances pertaining to parks and recreation. ORDINANCE Amending Chapter 14 of the Code of Ordinances, Parks and Recreation, by renaming certain parks and establishing certain new parks; by amending Section 34-54 prohibiting dogs, cats and other domestic animals in any park; and by amending and renumbering Sec. 34-67 relating to the use of bicycles, motorcycles, etc. in parks. Adopt Rec. & File Rec. & File MOTION MarION "B" "A" 2. City Manager recommending approval to remove parking on portion of Ida Street. Rec. & File ORDINANCE Providing for removal of parking on east side of Ida Street from Grace to Delhi Streets. MarICN "B" MOTION "A" 3. City Manager recommending approval and execution of an Enterprise Zone Agreement by and among Iowa Department of Economic Development between City and Swiss Valley Farms Co. . Rec. & File Af:{::rove 3 I ' 4. . 5. 6. . . City Manager requesting authorization to negotiate and execute a contract with Approve Carter -Goble, Inc. for transportation system design. City Manager recommending acceptance of Doland Properties at 330-332 Main Rec. & File St. RESOLUTION Accepting deed for Doland Properties for real estate located ;at Adopt 330-332 Main St. City Manager recommending acceptance of Merchant Hotel property located at 304 Main St. RESOLUTION Accepting deed for Merchant Hotel property. 1. ITEMS TO BE SET FOR PUBLIC HEARINGS City Manager requesting a public hearing be set for March 15, 1999 to consider annexation as requested by Wm. & Janet Siegert on Highway 20 West. 2. Zoning Advisory Commission advising of their approval to rezone farm land on Highway 20 West from County A-1 to C-3 District, in conjunction with voluntary annexation. (Wm. & Janet Siegert) ORDINANCE Reclassifying land located on Highway 20 West from County A-1 Agricultural to City C-3 General Commercial District. 3. City Manager requesting a public hearing be set for March 15 to consider annexation for project known as Highway 20 West Annexation Plan. 4. City Manager submitting documents providing for construction of South Fork Sanitary Sewer project RESOLUTION Preliminary approval of plans & specs. for project in estimated amount of $390,267.93 RESOLUTION Fixing Date of Hearing on plans & specs. for April 5, 1999. RESOLUTION Ordering Bids and directing Clerk to advertise.. 5. City Manager submitting documents providing for construction of Manhole Reconstruction Project RESOLUTION Preliminary approval of plans & specs. for project in estimated amount of $57,930.68 RESOLUTION Fixing Date of Hearing on plans & specs. for April 5, 1999. RESOLUTION Ordering Bids and directing Clerk to advertise. 4 Rec. & File Adopt A q:'.rove Hrq. 3-15-99 Rec. & File MerION "E" MarION liD II Hra. 3-15-99 Approve Hrg. 3-15-99 Rec. & File Adopt Adopt AdN~t Rec. & File Adopt Adopt Adopt '. CONSENT ITEMS 1. MINUTES SUBMITTED -- Cable TV Regulatory Commission of 2-10; Civil Service Rec. & File Commission of 2-15; Five Flags Commission of 2-15; Human Rights Commission I of 1-18; Plumbing Board of 2-9; Zoning Advisory Commission of 2-4 & 17; , Proof of Publication on Notice of publishing City of Dubuque calendar year 1998 I Rec. & File salaries_ 2. NOTICE OF CLAIMS/SUITS -- BFt Waste Systems of N.A. Inc, in amount of Refer to 43998.21 for vehicle damages; Dr. & Mrs. William J. Dall in amount of $60.15 for Legal Staff property damages; Timothy Kelly in amount of $208.11 for vehicle damages; f/inv. Ricky Meyer in amt. of $2,500 plus medical costs for personal injuries; Thomas O. & report Nesler in amount of $802.44 for vehicle damages; Bernadine Schmid in undetermined amount for personal injuries; . 3. Corporation Counsel advising following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Rec. & File Vehicle damage of Emily Balis; Vehicle damage of Fred Brenke, Jr; Vehicle damage of Jack B. Crahan; Personal injury of Christina Schiessl; Vehicle damage of Terrence L. Schmidt; Vehicle damage of Jeff J. Vandermillen; Corporation . Counsel advising the claim of Janice and Michael McClain has been further forwarded for a defense; Corporation Counsel recommending settlement of property damage claim of Rec. & File Marlyn J. Langevin in amount of $328.00 and Finance Director to issue check. AI::..prove 4. Mrs. Eugene Plumley, Sr. expressing concerns on the law regarding parking RV's Rec. & File on their own property. 5. City Manager recommending adoption of Supplement No. 39 to the Code of Rec. & File Ordinances. RESOLUTION Adopting Supplement No. 39 to the City Code of Ordinances. Adept 6. Dubuque Metropolitan Area Solid Waste Agency advising of their intent to explore Refer to the feasibility of expanding its service area and requesting response from City of Cty. Mgr. Dubuque Staff regarding the ability and willingness to treat additional leachate. 7. Iowa DOT advising of letting of a project in April to reconstruct U.S. 61 Rec. & File southbound exit ramp to Kerper Boulevard/Dubuque Greyhound Park and Casino. Copy of letter from City Manager requesting consideration be given to minimize Rec. & File . length of closure for project concerning entrance to Greyhound Park. 8. John Whalen requesting that the Landlord Housing Code stay intact.. Rec. & File 5 .9. Attorney Arthur Gilloon, on behalf of Tugboat Willy, requesting approval of lease Refer to between Dubuque Yacht Basin and Tugboat Willy's Inc. to operate a restaurant Cty. Mgr. formerly known as the Wheelhouse 10. ORA requesting amendment to their 1999 CIP Schedule, to allow for a racetrack Rec. & File surface replacement project to proceed at a cost that exceeded the origina~ CIP Schedule. , City Manager recommending approval of request from ORA. Apprcve Rf'C. 11. Civil Service Commission certifying list of individuals who have successfully Make Matter passed the written exam for position of Aquatics and Therapeutic Recreation cf Record Supervisor. 12. City Manager recommending acceptance of Patent Deeds for lOOT Properties Rec. & Fie RESOLUTION Accepting conveyance of City Lot 307 A in the City of Dubuque. Adopt RESOLUTION Accepting conveyance of City Lot 500B and City Lot 500C in the Adopt City of Dubuque. RESOLUTION Accepting conveyance of City Lot 500A in the City of Dubuque, Adopt . I RESOLUTION Accepting conveyance of City Lot 5000 in the City of Dubuque. Adopt RESOLUTION Accepting conveyance of City Lot 303A in the City of Dubuque. Adopt 13. City Manager recommending approval to publish combined notice for release of Rec. & File funds for Eagle Window & Door Project. RESOLUTION Authorizing publication of a combined notice of findings of No ! Adopt Significant Impact on Environment and Notice of Intent to request Release of Funds for Eagle Window and Door. 14. City Manager recommending acceptance of Dubuque Technology Park Site Rec. & File Grading Project. RESOLUTION Accepting Improvement for project Adopt RESOLUTION Approving final estimate in amount of $338,054.49. Adoot 15. City Manager recommending approval of the Administrative Services and Approve Financial Agreement for the Delta Dental Plan. Recommend. . Approve 16. City Manager recommending approval of amendment to ADLlAdvanced Data Recommend. Comm Development to extend closing to March 18. 6 17. City Manager recommending approval of CEBA application for Cottingham & Fec. & File . Butler. RESOLUTION Authorizing filing of CEBA application on behalf of Cottingham & Adopt Butler. 18. City Manager recommending approval of Amendment #2 to CarteGraph to extend Approve Recommend. date for closing. 19. City Manager recommending approval of right-of-way acquisition with lOOT on Rec. & File Iowa Highway 32 RESOLUTION Approving cooperative agreement with lOOT relating to right-of- Adopt way acquisition for construction of Iowa Highway 32 (Northwest Arterial) from J. F. Kennedy Road to U.S. Highway 52.. 20. BUSINESS LICENSES - RESOLUTION Granting issuance of Class "B" Beer Adopt Permits to Kids World Pizza Place and Bunker Hill Golf Course; Class "C" Beer Permits to Econofoods #471, Dubuque Discount Gas and Big 10 Mart. RESOLUTION Granting issuance of Class "B" Liquor License to Days Inn; Class Adopt "C" Liquor Licenses to Eagles Club, Diamond Jo Casino, Cue Master Limited, . DBa Greyhound Park & Casino; Finney's Bar & Grill, Hammerheads Bar/Billiards and Neighbor's Tap. 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. - 2-25-99 7