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06 07 99 Agenda AGENDA - CITY COUNCIL MEETING MONDAY, JUNE 7, 1999 - PUBLIC LIBRARY AUDITORIUM . 5:00 P.M. - Dinner - 2nd Floor Rotunda 5:30 P.M. Presentation and Discussion regarding Landscaping the Gateways for the City. **AAAAAAAAAAAAAAAAAAAA******************************************AAAAAAAAAAk**AAAAAAAAAAAAAA*AAAAAAA AGENDA - CITY COUNCIL MEETING MONDAY- 7:00 P.M. PUBLIC LIBRARY AUDITORIUM INVOCATION -- Father William Menster PROCLAMATIONS -- June 5-12 as "National Homeownership Week" June 12 & 13 as "Rising Stars/Independent League Days" June 19 as "Dollars Against Diabetes Day" Rick Dickinson to give verbal process report from G.D.D.C. (Greater Dubuque Development Corporation) CONSENT ITEMS SEE PAGES #8,9 & 10 . 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. *********************************************A******************************************************* APPOINTMENT to Environmental Stewardship Advisory Commission -- Applicant -- Sarah Schneider. PUBLIC HEARINGS 1. Proof of Publication on Notice of Hearing and Plans & Specs. and Notice to Property Owners for 1999 P.C. Concrete Paving Project - No 2. (Consisting of Arlington St. from Prairie to Grove Terrace AND West 5th Street from Bluff to Hill Streets) Communication of Michael Hoskins objecting to his assessment for the West Fifth Street Paving project. RESOLUTION Adopting Plans & Specs. for project. . RESOLUTION With Respect to the adoption of the Resolution of Necessity proposed for project. 1 SffiGESTED DISPOSITIaJS Rec. & File ~ Rec. & File Adopt Adopt " 2. Proof of Publication on Notice of public hearing to consider rezoning property Rec. & File . located on Highway 20 West & Cousins Road from Council A-1 to City's C-3 Classification, concurrent with annexation. Copy of petition to Zoning Advisory Commission containing 45 signatures Rec. & File requesting denial of rezoning. ORDINANCE Providing for amendment to Zoning Map by reclassifying property located on Highway 20 West and Cousins Road from Dubuque County A-1 MOTION Agricultural District to City of Dubuque C-3 General Commercial District with "A" Final conditions, concurrent with annexation. (1st & 2nd rdgs. given 5-17-99) (Cate & Adopt Stewart) . 3. Proof of Publication on Notice of public hearing to consider annexing property Rec. & File adjacent to the Dubuque Soccer Complex as requested by Grandview Avenue United Methodist Church. City Manager recommending approval of voluntary annexation request by Rec. & File Grandview Avenue United Methodist Church. RESOLUTION Annexing approx. 20 acres of property adjacent to John F. Adopt Kennedy Rd. and the Dubuque Soccer Complex on City's northwest side. .4. Proof of Publication on Notice of public hearing to consider reclassifying property Rec. & File located at 12691 John F. Kennedy from County A-1 to City R-1 District. ORDINANCE Amending Zoning Map by reclassifying property located at 12691 MOTION "A" John F. Kennedy Road from Dubuque County A-1 Agricultural District to City of Final Dubuque R-1 Single-Family Residential District, concurrent with annexation. (1 st Adopt & 2nd rdgs given 5-17-99) 5. Proof of Publication on Notice of public hearing to consider reclassifying property Rec. & File located at 2705 Rhomberg Ave. from CS to R-1 District. (Tom & John Duccini) ORDINANCE Amending Zoning Map by reclassifying property located at 2705 MarION "A" Rhomberg Ave. from CS Commercial Service and Wholesale District to R-1 Final Single-Family Residential District (1st & 2nd rdgs. given 5-17-99) Adopt 6. Proof of Publication on Notice of public hearing to consider partial release of City Rec. & File liens on real estate formerly owned by FDL Foods, Inc. City Manager recommending approval of partial release of liens. Rec. & File . RESOLUTION Authorizing partial release of real estate mortgage and financing Adopt statements as to Lot 2 and Lot 4 of FDL First Addition to the City of Dubuque. 2 ! 7. Proof of Publication on Notice of public hearing to consider disposing of City's Rec. & File . interest in Lot 2 and 3 of Rigi Sub. No 3 to Dubuque & Trust Co. City Manager recommending to proceed with disposing of said property. Rec. & File RESOLUTION Approving disposing of City's interest in Lot 2 & Lot 3 of Rigi Subd Adopt NO.2 Dubuque Bank & Trust. (Vacated portion of North Grandview Ave. and abutting alley north of Delhi Street) 8. Proofs of Publication on Notice of Hearing on Plans & Specs. AND Notice to Rec. & File Bidders on the Receipt of Bids for Construction of AND City Manager recommending to award contract for Asbury Road at Chaney Road Traffic Signal Installation project. RESOLUTION Adopting Plans & Specs. for project. Adopt RESOLUTION Awarding Contract for project to Westphal & Company in the Adopt amount of $22,731.19. 9. Proofs of Publication on Notice of Hearing on Plans & Specs. AND Notice to Rec. & File Bidders on the Receipt of Bids for Construction of AND City Manager recommending to rebid the Five Flags Chiller Equipment (Ice making equipment) . project. RESOLUTION Adopting Plans & Specs. for project. Adopt RESOLUTION Rescinding Resolution No. 239-99 Re-Ordering bids for project Adopt and directing Clerk to readvertise. ACTION ITEMS 1. City Manager submitting Ordinance allowing Anthony Koch to construct sign at Rec. & File 1520 Central Ave. MarION "B" ORDINANCE Authorizing Anthony Koch to construct a projecting sign at 1520 MarION "A" Central Ave. 2. City Manager recommending approval of final plat of portion of Jaeger Heights Rec. & File Subdivision NO.2. RESOLUTION Rescinding Resolution No. 28-96 and reaffirming the final plat of Adopt . Block 4, Lots 1 thru 5; Block 5, Lots 1 thru 3; and Block 6, Lots 1 thru 4, Jaeger Heights Subdivision NO.2 in the City 3 I 3. City Manager recommending to enter into a 28E Agreement with Dubuque & Approve Recanmend. Clayton Counties to provide high angle rescue services. . 4. City Manager recommending approval of downtown rehabilitation loan for Davey Rec. & File Robertson's public bar project. RESOLUTION Authorizing Letter of Commitment and additional actions Adopt concerning a Downtown Rehabilitation Loan to John Finn. 5. Verbal request from Council Member Buol to reconsider action taken at meeting COUNCIL held on May 17, 1999 regarding rezoning property at 2509 Lincoln Ave. as requested by Ronald and Margie White and denied by the Zoning Advisory Commission. ORDINANCE Amending Zoning Map by reclassifying property located at 2509 Set hrg. for Lincoln Ave. from R-1 Single-Family Residential District to R-2 Two-Family 7-6-99 Residential District. 6. Bob Woodward on behalf of Dubuque Museum of Art, requesting elimination of COUNCIL parking spaces on 7th St. near their business. 7. City Manager recommending approval of agreement that would allow site Approve Recanmend . preparation related to the Eagle Window & Door Company property prior to . closing on the sale of the property. 8. City Manager recommending approval of two components of the financing Rec. & File package for Eagle Window and Door. RESOLUTION Authorizing a Commitment Letter and additional actions on a Adopt Community Development Block Grant Loan of $500,00 to Eagle Window & Door, Inc. RESOLUTION Authorizing ECIA Business Growth, Inc. to proceed with a Loan Adopt from the City of Dubuque's Portion of EDA Revolving Loan Fund on $104,000. to Eagle Window & Door, Inc. 9. City Manager recommending approval of amendments to Citizen Participation Rec. & File Plan and Fiscal Year 1999 Annual Action Plan. RESOLUTION Approving an amendment to the Citizen Participation Plan for the Adopt Community Development Block Grant (CDBG) Program. . 4 . 1. ITEMS TO BE SET FOR PUBLIC HEARINGS City Manager submitting documents providing for construction of Five Flags Chiller Equipment Installation. RESOLUTION Preliminary approval of plans & specs. for project in estimated amount of $115,000. RESOLUTION Fixing Date of Hearing on plans & specs. for July 6, 1999. RESOLUTION Ordering Bids and directing Clerk to advertise. Rec. & File Adopt Adopt Adopt 2. City Manager submitting documents providing for construction of Amendment to Rec & File 1999 P.C. Concrete Paving Project No.1 (add water service assessments to . Van Buren St.) RESOLUTION Approving amendments and/or additions to the Preliminary Adopt Schedule of Assessments for the 1999 P.C. Concrete Paving Project - NO.1. 4. . 3. Rec. & File City Manager recommending to release City Liens on Lot 2 of FDL Second Addition and set public hearing for June 21, 1999. RESOLUTION Declaring intent to City of dispose of City liens on Lot 2 of FDL Adopt Second Addition City Manager submitting documents providing for construction of Storm Damage Rec. & File Repair of Washington and Valley Streets. RESOLUTION Preliminary approval of plans & specs. for project in estimated amount of $173,759.14. RESOLUTION Fixing Date of Hearing on plans & specs. for June 21, 1999. RESOLUTION Ordering Bids and directing Clerk to advertise. Adopt Adopt Adopt 5. City Manager submitting documents providing for construction of Installation of Rec. & File public sidewalks on John F. Kennedy Road from Asbury Road to Spring Valley . RESOLUTION Preliminary approval of plans & specs. for project in estimated Adopt amount of $141,566.46. RESOLUTION Fixing Date of Hearing on plans & specs. for July 6, 1999. Adopt RESOLUTION Preliminary approval of Resolution of Necessity. Adopt RESOLUTION Fixing Date of Hearing on Resolution of Necessity for July 6, Adopt 1999. RESOLUTION Approving Preliminary Schedule of Assessments for project. Adopt 5 . 6. City Manager submitting documents providing for construction of Adams Addition Sanitary Sewer Extension on Rockdale Road. . Rec. & File RESOLUTION Preliminary approval of plans & specs. for project in estimated Adopt amount of $82,998.35. RESOLUTION Fixing Date of Hearing on plans & specs. for July 6, 1999. Adopt RESOLUTION Preliminary approval of Resolution of Necessity. Adopt RESOLUTION Fixing Date of Hearing on Resolution of Necessity for July 6, Adopt 1999. RESOLUTION Approving Preliminary Schedule of Assessments for project. Adopt RESOLUTION Ordering Bids and directing Clerk to advertise. Adopt 7. City Manager submitting documents providing for construction of Miller Road Rec. & File Sanitary Sewer Extension Project. RESOLUTION Preliminary approval of plans & specs. for project in estimated Adopt amount of $77,113.20 . RESOLUTION Fixing Date of Hearing on plans & specs. for July 6, 1999. RESOLUTION Preliminary approval of Resolution of Necessity for project. Adopt Adopt RESOLUTION Fixing Date of Hearing on Resolution of Necessity for July 6, Adopt 1999. RESOLUTION Approving preliminary schedule of assessments for project. Adopt RESOLUTION Ordering Bids and directing Clerk to advertise. Adopt 8. City Manager submitting documents providing for construction of USHA Park Rec. & File Grading. RESOLUTION Preliminary approval of plans & specs. for project in estimated Adopt amount of $107,959.66. RESOLUTION Fixing Date of Hearing on plans & specs. for July 6, 1999. Adopt RESOLUTION Ordering Bids and directing Clerk to advertise. Adopt . 6 9. City Manager submitting documents providing for construction of William M. Rec. & File Black Steamboat Restoration Project - Phase I and II. . RESOLUTION Preliminary approval of plans & specs. for Phase I in estimated Adopt amount of $95,617.00 RESOLUTION Fixing Date of Hearing on plans & specs. for Phase I for July 6, Adopt 1999. RESOLUTION Ordering Bids and directing Clerk to advertise. Adopt RESOLUTION Preliminary approval of plans & specs. for Phase" in estimated Adopt amount of $63,425.00. RESOLUTION Fixing Date of Hearing on plans & specs. for Phase" for July 6, Adopt 1999. RESOLUTION Ordering Bids and directing Clerk to advertise. Adopt 10. City Manager recommending public hearing be set for June 21, 1999 to vacate Rec. &Fi1e an unused 8 foot wide utility easement to Dubuque Initiatives. RESOLUTION Advising of intent to dispose of City's interest and vacate portion Adopt of 8-foot wide utility easement on Lot 2 of Dubuque Industrial Center's 12th Addition. . 11. City Manager recommending public hearing be set for June 21, 1999 to consider Rec. & File vacation of a portion of 18-foot wide sanitary sewer easement as requested by Padre Pio Health Care Center, Inc. RESOLUTION Advising of intent to dispose of City's interest and vacate portion Adopt of 18-foot wide sanitary sewer easement over lot 1-1-3 of Stone Hill Community subdivision NO.1. 12. City Manager submitting documents providing for construction of 1999 Curb Rec. & File Ramp Installation - CDBG. RESOLUTION Preliminary approval of plans & specs. for project in estimated Adopt amount of $70,821.02. RESOLUTION Fixing Date of Hearing on plans & specs. for July 6, 1999. Adopt RESOLUTION Ordering Bids and directing Clerk to advertise.. Adopt 13. Larry Langas requesting to purchase the city lot adjacent to his property at 975 Rec. & File Thomas Place in the amount of $300.00. City Manager recommending to set public hearing to dispose of said property. Rec. & File RESOLUTION Advising of intent to dispose of Lot 1 of Lot 2 of Mineral Lot 470 Adopt . to Larry M. Langas and set hearing for June 21, 1999. Hrg. 6-21-99 7 14. City Manager recommending public hearing be set for June 21,1999 to consider Rec. & File issuance of Tax Increment Revenue Promissory Note (Interstate Power Co.) . RESOLUTION Fixing date of hearing for June 21 on the issuance of $800,000 Urban Renewal Tax Increment Revenue Promissory Note for Interstate Power Co. Adopt CONSENT ITEMS 1. MINUTES SUBMITTED -- Airport Commission of 3-15, 3-29 & 4-21; Cable TV Regulatory Commission of 5-12; Community Development Advisory Commission Rec. & File of 5-18 & 21; 5 Flags Commission of 4-19; Human Rights Commission of 4-12; Housing Commission meeting of 5-11 & 17; Public Library of 3-25. . 2. Proofs of Publication of publishing Council Proceedings for 5-3; City Board of Health of 5-10; Combined Public Notice of Finding of No Significant impact and Notice of Intent to Request Release of Funds for St. Mark's Community Center Elevator Project. Finance Director submitting Financial Reports for month ending April 30, 1999. Printed Council Proceedings for month of April, 1999 for Council approval. NOTICES OF CLAIMS/SUITS -- William Armstrong in unknown amount for vehicle damages caused by high water; Kenneth Beck in unknown amount for sewer backup damages; Lindsy Brander in est. amt. of $687.05 for vehicle damages; Cottingham & Butler, Inc., in unknown amount for airplane damages; Rick & Judi David in amount of $50.00 for water damages; Marleen Furry in amt. of $43.84 for vehicle damages; Michele C. Harry-Segura in amount of $6,400 for water damages; Russell & Leona M. Hibben in unknown amount for storm sewer water damages; Larry & Sue Hurst in amount of $1134.00 for sewer damages; Thomas J. Lange in amount of $14,000 for storm damages; George & Marilyn Langas in est. amt. of $6,127.49 from water damages; Larry & Lorri Liddle in est. amt. of $2,330 for water damages; Robert McPoland in unknown amount for vehicle damages and personal injuries; John Merkes in est. amt. of $2.500 for water damages; Patrick Miller in approx. amt. of $5,000.00 for water damages; Mike & Sue Polkinghorn in unknown amount for water damages; Oat Quach in amt. of $265.00 for water damages; Phil Schmerbach in amount of $75.00 for loss of personal property; Dianne Schneider in amount of $100.00 for water damages; Marvin Weber, in unknown amt., for property damages. . 8 Rec. & File Rec. & File Approve as Refer to Legal Staff f/ inv. & report 3. Corporation Counsel advising following claims have been referred to Public Rec. & File Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance . Pool: Personal injury and vehicle damage of Gary Carstens; Personal injury of Lisa Hammer; Vehicle damage of Rainbo Oil Company. Corporation Counsel recommending settlements of following claims and directing Approve Finance Director to issue proper checks: Property damage claim of Oliver C. Boleyn in amount of $50.00; Property damage of Mulgrew Oil Company in Recommend. amount of $312.00. Corporation Counsel recommending Denials of following claims: Property Approve damage of Charles H. Burkart; Vehicle damage of Steven W. Pine; Housing denials needs of Tara Lee Winger. 4. Community Development Advisory Commission Chairperson reporting on the Rec. & File allocation of CDBG funds as a match for a Lead Paint Hazard Control Grant. 5. City Manager recommending approval of grant agreement for Architectural/Historical Survey/Evaluation Project. Rec. & File RESOLUTION Authorizing a Grant Agreement for Historic Preservation Funds Adopt for an Architectural/Historical Survey/Evaluation. 6. Civil Service Commission certifying list of individuals who have successfully Accept passed written exam for position of Public Safety Dispatcher. wi regret . Civil Service Commission certifying amended list of applicants for position of 111111 11111111 Foreman. 7. Jim Gibbs submitting his resignation as member of Long Range Planning Accept wi Commission due to recent appointment to Historic Preservation Commission. regret 8. City Manager recommending acceptance of Ice Rink Warming Rec. & File House/Concession Building Project. RESOLUTION Accepting Improvement for project Adopt RESOLUTION Approving final estimate in amount of $133,453.00. Adopt 9. City Manager recommending approval to amend the City's health care plans by Approve Recommend expanding the organ transplant coverages. 10. City Manager recommending approval to renew an agreement with Segal Approve Company for actuarial and consulting services related to health insurance Recorrmend issues. 11. City Manager recommending acceptance of Parking Facilities Rehabilitation Rec. & File Repairs Project. . RESOLUTION Accepting Improvement for project Adopt RESOLUTION Approving final estimate in amount of $99,391.86. Adopt 9 12. John Gronen for himself, Jeff Bertsch and Mike Steele, submitting progress Rec. & File report regarding renovation of Merchants Hotel. . 13. City Manager recommending awarding of contract for 1999 P.C. Concrete Rec. & File Paving Project - NO.1. RESOLUTION Awarding contract for project to Horsfield Construction, Inc. in Adopt amount of $1,961,829.38. 14. City Manager recommending submitting of a~Plication to HUD for the Upper Rec. & File MississippI River National Wildlife and Fish efuse Interpretive Center on behalf of Dubuque County Historical Society. RESOLUTION Authorizing filing of an Economic Development Initiative (EDI) Adopt special project application for the Upper MiSSiss~pi River National Wildlife and Fish Refuge Interpretive center on behalf of the ubuque County Historical Society. 15. Approval of Eighth Amendment to City Manager's Employment Agreement.. Approve 16. City Manager recommending approval of a fourth amendment to the Approve Development Agreement between the City and Horizon/CarteGraph Systems, Recommend Inc. and authorize Mayor to execute. 17. Attorney Robert Klauer, representing M&K, Ltd., requesting assignment of Lease Refer to and Agreement for property known as Dubuque Marina. Cty. Mgr. 18. Swiss Valley Farms expressing the su~port of final actions taken regarding Rec. & File . reconstruction of Jackson Street and t e parking issue. 19. Citrc Manager recommending City support preservation of the existing use of the Hi! crest Apartments as a rent-assisted family apartment community. Rec. & File RESOLUTION Supporting the maintenance of affordable rents at the Hillcrest Adopt Apartments under Dept. of Housing & Urban Development's low-income housing preservation program. 20. City Manager recommending acceptance of deed from FDL Foods, Inc. Rec. & File RESOLUTION Accepting the deed to Lot 2 of FDL Second Addition from FDL Adopt Foods, Inc. 21. BUSINESS LICENSES -- RESOLUTION Granting renewal issuance of New Adopt Cigarette Permit to 59 outlets. RESOLUTION - Granting issuance of new Cigarette Permit to Diamond Jo Adopt Casino Portside. RESOLUTION Granting issuance of Class "B" Beer Permits to Catfish Festival Adopt and Dubuque Jaycees (3). RESOLUTION Granting issuance of Class "C" Liquor Licenses to Duke's Place, Adopt Creslanes Bowling, Riverside Bowl and Diamond Jo Casino Portside. Duke's Place requesting transfer of their Liquor License from 2600 Dodge Street Approve . to 1475 Associates Drive on June 12th from 5 p.m. to midnight. 10 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. - 6-3-99 . . 11