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11 15 99 Agenda . V\~1. . ~~2. V~3. . ,,~ .. AGENDA - CITY COUNCIL MEETING MONDAY- NOVEMBER 15, 1999 7:00 P.M. PUBLIC LIBRARY AUDITORIUM INVOCATION -- Father Robert Vogt, Professor-Emeritus of Religious Studies, Loras College PROCLAMATIONS -- Nov. as "Adoption Awareness Month" Nov. 16 "Irving School Day" CONSENT ITEMS SEE PAGES #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. ***************************************************************************************************** SOOGESTED DISPOSITICNS PUBLIC HEARINGS Proof of Publication on Notice of Public Hearing to consider disposing of City's interest in Lot A and B of Maple Leaf Addition NO.2. (Vacated portions of Maple Leaf Ave. and Monroe Ave. aka Louella Lane.) i033-gQ RESoLUTION Approve sale of Lot A and B of Maple Leaf Addition No. to John R. Kreiman upon release of grant of easement across Lot 2-2-1-2 of SW 1/4 of W 1/4 of Sec. 12, T89N, R2E, 5th P.M. Rec. & File Adopt Proof of Publication on Notice of Public Hearing to dispose of City's interest of an Rec. & File easement in Lot 1 of Kerper Industrial Park to Alliant Utilities (Interstate Power Co.) ~3~ -00 RESOLUTION Approving disposal of an easement interest in property located Ad t north of East 16th Street between Farmland Foods and the I&M Railroad tracks to op Alliant Utilities ( Interstate Power Company) Proof of Publication on Notice of Public Hearing to dispose of property at 2618 Jackson S1. RE~a~u190N Approving sale of property at 2618 Jackson S. to Peter V. and Angela M. Eck for sum of $8000.00 Rec. & File Adopt 1 40'1\ . PH 5. . PH6. Proof of Publication on Notice of Hearing on the issuance of $360,000 Urban Rec. & File Renewal Tax Increment Revenue Bonds for the Dubuque Industrial Center/South Economic Development District including the funding of an economic developmen grant to Horizon/DuCarte, LLC. RE~6t9ilON Instituting proceedings to take additional action for the issuance of Adopt not to exceed $360,000 Urban Renewal Tax Increment Revenue Bonds. City Manager recommending to authorizing issuance of bonds and approve execution of all documents. I ~ql-0CI RESOLUTION Authorizing and providing for the issuance of $360,000 Urban Renewal Tax Increment Revenue Bonds, Taxable Series 1999C, of the City of Dubuque, and providing for the securing of such bonds for the purpose of carrying out an Urban Renewal Project in the area of the City of Dubuque, designated as the Dubuque Industrial Center/South Economic Development District. Proofs of Publication on Notice of Hearing on Plans & Specs. AND Notice to Bidders on the Receipt of Bids for Demolition of Building at 351 Iowa Street AND City Manager recommending to award contract for project. U3c -gQ RESOLUtiON Adopting Plans & Specs. for project. . <0q .QG RE~6LUTloN Awarding Contract for project to Tschiggfrie Excavating Co. in the amount of $30,248.00. Proofs of Publication on Notice of Hearing on Plans & Specs. AND Notice to Bidders on the Receipt of Bids for Construction of Technology Park Maintenance Project AND City Manager recommending to award contract for project. LD40QO RESOLUTION Adopting Plans & Specs. for project. ~lil -Qq RESOLUTION Awarding Contract for project Rec. & File Adopt Rec. & File Adopt Adopt Rec. & File Adopt Adopt PH? Proofs of Publication on Notice of Hearing on Plans & Specs. AND Notice to Rec. & File Bidders on the Receipt of Bids for Construction of Schmitt Harbor Boat Ramp Project AND City Manager recommending to award contract for project. , W9.qa R~S6LUTION Adopting Plans & Specs. for project. Adopt . R~S~L3~ION Awarding Contract for project to Tschiggfrie Excavating Co. in the Adopt amount of $96,343.25. . 2 8. IXt TABLED FROM MEETING OF NOVEMBER 5.1999 ~p Amending Zoning Map by reclassifying property located in the 2900 block of Kane . Street from 10 Institutional District to PUD Planned Unit Development District with COLNCIL a PR Planned Residential District Regulations and adopting a Conceptual Development Plan with conditions, for Pine Knolls Condominiums. (80ge) D~~~&\\\(\l\C'i ~l-Q'A~ S II' . dd" I t b' ffth . r. Mrs. James . u Ivan opposing any a Itlona wa er ring run-o elr Rec. & File property at 990 West 32nd St. Rec. & File City Manager recommending acceptance of storm management plan as submitted by Steven 80ge of Kane Development Corporation. Proof of Publication on Notice of Public Hearing to reclassify property at southwest Rec. & File corner of Old Highway Road and Seippel Road from County R-1 to City MHI and L1, concurrent with annexation. (Stewart) ?\-\ 9. Petition containing 93 signatures objecting to rezoning request. Rec. & File Joe & Enid Wysocki, Gwen & Rudy Mulinnix, Pat & Sandi Welsh and Janell & Kevin Kotz objecting to granting rezoning to Stewart Construction. OR81~~NCE Amending Zoning Map by reclassifying property located at Southwest corner of Old Highway Road and Seippel Road from Dubuque County R-1 Rural Residential District to the City's MHI Moderate Heavy Industrial and LI Light Industrial Districts, concurrent with annexation. (Denied by Zoning Advisory Commission (Presented at mtg. of 10-18-99 - No readings given) Proof of Publication on Notice of Public Hearing to consider annexing approx. 45.21 acres of property at southwest corner of Old Highway Road and Seippel Road, concurrent with rezoning to MHI and LI Districts. RES~~3TION Annexing above property to City of Dubuque as requested by Wayne Stewart, property owner. Proof of Publication on Notice of Public Hearing to reclassify property at 3195 Jackson Street from C-2 to CS District. OR~1N~~CE Amending Zoning Map by reclassifying property located at 3195 Jackson Street from C-2 Neighborhood Shopping District to CS Commercial Service and Wholesale District (Denied by Zoning Advisory Commission _ Presented Oct. 18 - No rdgs given) Proof of Publication on Notice of Public Hearing to amend Sign Regulations for City Code of Ordinances. qa -Qq ORDINANCE Amending Zoning Ordinance by adopting a new Section 4-3.11 Schedule of Sign Regulations for the C-4 Zoning District in lieu thereof, pertaining to the On-Premise Sign Regulations for Jackson Park Historic District properties zoned C-4 Downtown Commercial District. (1st & 2nd rdgs. given on 10-18-99) . REINSTATE THE RULE - LIMITING DISCUSSION TO COUNCIL Rec. & File ccrneIL . ~t\ 10. Rec & File Adopt IF zoning approved ~\-\11. Rec. & File DENY OR Moticn "~,, Motion "A" .?t\ 12. Rec. & File Motion "A" 3 .(\1. {\ 2. f\3. ~4. . f15. A6. ~ 7. ~8. A 9. . City Manager recommending approval of amended city plumbing Ordinance as presented. IOZ-q~ ORDINANCE Enacting a new Section 37-1 of the City Code of Ordinances pertaining to revised and reenacting a plumbing code for the City and providing for MorrCN issuance of permits and collection fees therefor. ACTION ITEMS City Manager recommending approval of Ordinance regarding "Requirements for Vehicles Hauling Solid Waste". 'Dn-qa OR~~ANCE Amending Chapter 40 of City Code and adding a new paragraph thereto regarding "Requirements for Vehicles hauling Solid Waste". City Manager recommending amendments to Heating, Ventilating and Air Conditioning (Mechanical Code) Ordinance. ORI~IINi~CE Enacting a new Section 24-1 of City Code pertaining to revising and reenacting a Mechanical Code for City of Dubuque and providing for issuance of permits and collection fees therefor. City Manager recommending Flexsteel Inc. be authorized to construct underground sprinkler system on their property on Jackson St. 103-a n O~DINANCE Authorizing Flexsteel Inc. to construct underground sprinkler system at 3400 Jackson St City Manager recommending Mike Schmalz Jr. to allowed to bury wires at 2001 Alta Vista St. IOLI.qq ORDINANCE Authorizing Mike Schmalz Jr. to bury wires at 2001 Alta Vista St. City Manager recommending to purchase property at 301 Main Street (former Army Surplus Building) from Dubuque Initiatives in the amount of $107,133. City Manager recommending the selection of Vedi Associates and IIW Engineers be selected for design of the new parking ramp at 3rd & Iowa Streets in total amount of $245,000.00 City Manager recommending reconstruction of street at Alpha & Van Buren as exists without any realignment of stop signs. Rec. & File MOl'ICN "B" MarICN "A" Rec. & File MarrCN "B" MarICN "A" Rec. & File MCTIa.:I "B" "A" Rec. & File MOI'ICN "E" MarICN "A" RE~C. & File MarICN "B" MarICN "A" Approve Recorrmend Approve RecoltlTlend Approve Recomnend City Manager recommending approval on the appointment of a Cable Franchise Approve d Renewal Negotiating Team for cable franchise renewal with AT&T Cable Services. Recorrrnen COUNCIL MEMBER REPORTS 4 ..~ .~. \V}3. . .\V~4. ~5. . ITEMS TO BE SET FOR PUBLIC HEARINGS Zoning Advisory Commission advising of their approval to reclassify property opposite of Red Violet Drive from AG to R-1 District as requested by aHQ DevelopmenUKen Moore Construction. ORJrN~~CE Amending Zoning Map by reclassifying East part of Phase I Sunny Slope Estates opposite of Red Violet Drive from AG Agricultural District to R-1 Single-Family Residential District. Rec. & File MGTICN "B" MarICN "0" Hrg. 12-6-99 Zoning Advisory Commission advising of their approval to reclassify property at 14986 Old Highway Road from AG to R-1 District as requested by City of Dubuque. ORbl~iNCE Amending Zoning Map by reclassifying recently annexed property at 14986 Old Highway Road from AG Agricultural District to R-1 Single-Family Residential District. Rec. & File MarICN "B" MorI Q.1 "D" Hrg. 12-6-99 Zoning Advisory Commission advising of their approval to reclassify properties at Rec. & File 12155, 12101, and 12033 Cousins Road from AG to R-1 District as requested by .. City of Dubuque. ORJ;N~~CE Amending Zoning Map by reclassifying recently annexed properties at 12155, 12101 and 12033 Cousins Road from AG Agricultural District to R-1 Single-Family Residential District. MOI'ICN "B" MOTICN "D" Hrg. 12-6-99 Zoning Advisory Commission advising of their approval to reclassify properties west of the Northwest Arterial along Highway 20, Wests ide Court, Radford Road and Old Highway Road. O~~~NCE Amending Zoning Map by reclassifying recently annexed above properties into the City from AG Agricultural District to R-1 Single-Family Residential, R-3 Moderate Density Multi-Family Residential District, C-3 General Commercial District, CS Commercial Service and Wholesale District, and PUD Planned Unit Development with a PR Planned Residential designation. Rec. & File MarrCN "B" MOTICN "D" Hrg. 12-6-99 City Manager submitting documents providing for construction of Highway 20 Landscape Design Bid Package #1. R~~\~~ION Preliminary approval of plans & specs. for project in estimated amount of $450,000. WU5-QQ RESOLUTION Fixing Date of Hearing on plans & specs. for December 20th. RJk~1t8$.ON Ordering Bids and directing Clerk to advertise. Rec. & File Pdopt Adopt Pdopt 5 . ~7. . t1. ~2. 0,3. ~4. . 6. City Manager requesting public hearing be set for December 6th to consider a public hearing on issuance of $3,100,000 Urban Renewal Tax Increment Revenue Bonds for expansion of the Fifth Street Parking Ramp. RE~~lj$'ON Fixing date for meeting on the proposition of the issuance of $3,100,000 Urban Renewal Tax Increment Revenue Bonds in order to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities in Downtown District, including but not limited to the construction of additional levels of parking spaces and expansion of the structured parking facility located on Iowa St. between 5th & 6th Sts. ~~ City Manager recommending public hearing be set for December 20, 1999 to consider disposing of Lot 9 (Merchant Hotel site) (and option for Lot 10 "Dolan's Building") to Dubuque Area Chamber of Commerce. REJ~~U~ON (1) Approving minimum requirements, Competitive Criteria, Offering procedures for disposition of certain Urban Renewal property; (2) Determining that the proposal submitted by Dubuque Area Chamber of Commerce satisfies the offering requirements and declaring the intent of the City to enter into the Development Agreement with Dubuque Area Chamber of Commerce in the event that no competing proposal are submitted: and (3) soliciting competing proposals. CONSENT ITEMS MINUTES SUBMITTED -- Airport Commission of 10-25; Billboard Ad Hoc Committee of 10-25; Park & Recreation Commission of 10-18; Plumbing Board of 10-18 & 10-26; Public Library Board of Trustee of 9-22. Rec. & File Adopt Hgr. l2-6-9~ Rec. & File Approve Adopt Rec. & File Proofs of Publication on publishing List of Claims and Summary of Revenues for Ree. & File month ending 9-30-99; City Board of Health quarterly meeting and Council meeting of 9-15 & 10-18. NOTICES OF CLAIMS/SUITS -- Donald V. Brimeyer in amount of $44.52 for backed up sewer damages; State Farm Insurance on behalf of their client, Glenn Hochberger, subrogation claim in the amount of $1787.94 for vehicle damages; Michael J. Kelly in amount of $1000.00 for backed up sewer damages; 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 Allied Property & Casualty Insurance Company and Vehicle damage of Doug Staudt REFUNDS REQUESTED -- Diane Theisen, d/b/a Copper Kettle, $211.15 on unexpired Liquor License. 6 Refer to Legal Staff f/inv. & report Rec. & File Approve F.D. issue ek. . 0,6. C7. G8. ~9. . ~10. Ci11. (/12. . 5. t'CJ Dubuque County v November 16 to c Cedar Cross Roa Dubuque County general election h City Manager rec lo 2 W -qq RESOLUTION Gr AGRI Grain Mark Zoning Advisory C property located E ~15 qq RESOLUTION Ap NO.2 in Dubuque City Manager rec & Butler. ~1V -qq RESOLUTION Ap Dubuque and low Butler Insurance. City Manager rec lo~l-qq RESOU.JTION Ac lO~~-q q RESOLUTION Ap City Manager rec spaces with Holid ~? q -q q RESOLUTION Au between City of D City Manager rec Point, LLC. RE~d~3AoN Ap among the City, e LLC. x-qq RESOLUTION Ap among the City of and Match Point, Zoning Commission advising of public hearing to be held on Rec. & File onsider rezoning of property for J & J Tree Service located on d. Board of Supervisors submitting "Abstract of Votes" for City Rec. & File eld on November 2, 1999. ommending granting assignment of Cargill, Inc. to AGRI Rec. & Fi.le anting assignment of Cargill, Inc. lease with City of Dubuque to Ariopt eting. ommission advising of their approval of subdivision plat for Rec. & File ast of Tyra Lane in Dubuque County (Kevin & Valerie Schmitt) proving plat of survey of Lots 1 thru 3 of Red Cedar Estates .adept County, IA ommending Enterprise Zone contract with IDEO for Cottingham Rec. c. File proving Enterprise Zone Agreement by and among City of .adopt a Department of Economic Development and Cottingham & I ommending acceptance of Manhole Reconstruction project. Rec. & File cepting Improvement for project .adopt proving final estimate in amount of $54,405.20 Adopt ommending approval of parking agreement for 35 parking Rec. & File ay Inn Five Flags. thorizing City Manager to execute a parking agreement Pdopt ubuque and Holiday Inn. ommending approval of agreement between City and Match Rec. & File proving the termination and assignment agreement by and .adopt agle Window & Door, Inc., Dubuque Eagle LLC and Otto A, proving the termination and assignment agreement by and Adopt Dubuque, Eagle Window & Door, Inc., Dubuque-Eagle, LLC LLC. 7 1 ~, Copy of letter from lOOT to Monica Meissner regarding "train speed" in City. . t)14. C15. City Manager recommending approval of FY'99 Housing Trust Fund Award to YWCA Battered Woman Shelter in amount of $25,000. 103\ - qa BUSINESS LICENSES -- RE'SOLUtION Granting issuance of Class "C" Beer Permits to Big 10 Mart, lOCO Speede Shoppe #93 and KWIK Stop Food Mart. ~ 3~ -qq RESOLUTION Granting issuance of Class "C" Liquor Licenses to Aragon Tap, Inc., The Ground Round, Inc. Raysan Corp. Inc. 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 21.51.(c) State Code of Iowa, 1999 as amended, To discuss strategy with counsel in matters that are presently in litigation. (c) To discuss strategy with counsel in matters where litigation is imminent and its disclosure would be likely to prejudice or disadvantage the position of the governmental body in this litigation. (j) 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. - 11-10-99 . 8 Rec. & File App1-O'IJ€ Recommend Adopt Adopt