02 01 99 Agenda
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AGENDA - CITY COUNCIL MEETING
MONDAY- FEBRUARY 1,1999
7:00 P.M. PUBLIC LIBRARY AUDITORIUM
INVOCATION -- Rev. John Hulsizer, Pastor of the Church of the Nazarene
CONSENT ITEMS SEE PAGES #4. 5 & 6
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.
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Individuals are invited to address the Council to express their desire to serve on
COMMUNITY DEVELOPMENT COMMISSION - Applicants - Michael Kelley (Census
Tract #2), Vernon Shireman (Dan) (Census Tract #5) and Walter Pregler (At-Large),
Robert Schmit (At-Large)
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PUBLIC HEARINGS
1.
Proof of Publication on Notice of Public Hearing to consider granting lease of
space for Telecommunication Antenna Facility on West Third Street Water Tower.
.
City Manager recommending approval of lease.
RESOLUTION Approving Lease Agreement to Dubuque Cellular Telephone L.P.
to install and operate a wireless telecommunication antenna facility on or near a
water tower owned by the City, identified as site W-2, and located at 1575 West
3rd Street and authorize City Manager to execute Lease.
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SUGGESTED
DISPOSITIONS
Rec. & File
Rec. & File
Jldopt
2.
Proof of Publication on Notice of Public Hearing to consider on-premise primary
signage of PI District for Dubuque Industrial Center.
ORDINANCE Amending Zoning Ordinance by enacting a new Section
2(E)(4)(C)(5) in lieu thereof pertaining to on-premise primary signage of the PI
Planned Industrial District for Dubuque Industrial Center (A. Y. McDonald Mfg.
Site, 4800 Chavenelle Rd.( (1 st & 2nd readings given on 1-18-99)
Rec. & File
Mctioo "A"
Final
adopt
3. Proof of Publication on Notice of Public Hearing to consider wall-mounted signage Rec. & File
of the PC District for Plaza 20.
.
ORDINANCE Amending Zoning Ordinance by enacting a new Section 2, Exhibit 1
XII.C in lieu thereof pertaining to wall-mounted signage of the PC Planned
Commercial District for Plaza 20, 2600 Dodge St. (Kahle, Inc.) (1 st & 2nd readings
given on 1-18-99).
MC'ITCN "A"
Final
adopt
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ORDER OF ROLL CALL
FOR MEETING OF 2-1-99
BUOL
DUGGAN
MARKHAM
MICHALSKI
NICHOLSON
ROBBINS
YOC'F8ERG
. 4, Proof of Publication on Notice of Public Hearing to consider annexing approx. Rec. & File
1.019 acres of vacant pr.operty to the City.
City Manager recommending to proceed with annexation. Rec. & File
RESOLUTION Approving annexation of vacant City-owned land on the west side Adopt
of the North Siegert Farm, east of Seippel Road and south of Middle Road.
ACTION ITEMS
1. Rockdale Cemetery Association requesting Council approval to abate the special COLNCIL
assessment for the Kelly Lane project insofar as it relates to the Rockdale
Cemetery Association real estate.
2. Council Member Michalski requesting reconsideration of action taken at the last CCl:"NCI L
meeting (1-18-99) regarding adoption of Ordinance No. 4-99 "Changing the name
of Bell Street to Regina Hayford Boulevard".
Corporation Counsel submitting information concerning original naming of Bell St. Rec. & File
Shirley Strub, President, Beta Sigma Phi, requesting to name Bell St. in honor of CCLNCIL
Regina Hayford, however, if not able to do, please consider naming 5th Street
. from the intersection of White Street to the end near the river to "Regina Hayford
Blvd.".
3. Corporation Counsel submitting ordinance relating to the liability of the owner for Rec. & File
failing to maintain the sidewalk.
MaTI ON "B"
ORDINANCE Amending Sec. 41-101 providing for the duty of the owner of a Man CN "A"
sidewalk to maintain the sidewalk by deleting the provision relating to the liability
of the owner for failing to maintain the sidewalk.
4, City Manager submitting Ordinances providing for the implementation of back-in Rec. & File
angle parking on 4th & 5th Streets.
ORDINANCE Enacting new subsections to Sec. 32-263 relating to angle parking Man rn "B"
and adding portions of 4th & 5th Streets to new subsection (f) MaIla.J "A"
ORDINANCE Repealing Sec. 32-271 relating to backing for the purposes of MOlICN "B"
parking in the business district and adopting in lieu thereof a new Sec. 32-271. Mf 1'l!,1l
5. City Manager submitting requirements for Blasting Permit Application. Apt::rove
6. City Manager recommending Legal Staff institute Eminent Domain Proceedings Rec. & File
. for properties on EAth St.
RESOLUTION Authorizing Legal Staff to institute eminent domain proceedings for Adopt
properties on E. 4th St. for riverwalklriverfrontlamphitheater area.
2
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ITEMS TO BE SET FOR PUBLIC HEARINGS
1.
City Manager requesting public hearing for Fiscal Year 2000 Budget be set for
Tuesday, March 2, 1999.
RESOLUTION Setting the date for Public Hearing on FY 2000 Budget.
RESOLUTION Setting the date for Public Hearing on Five Year Capital
Improvement Program.
Approve
Adopt
Adopt
2. City Manager requesting public hearing be held on February 22, 1999 on the FY Approve
2000 Annual Action Plan for use of Community Development Block Grant (CDBG)
funds for Fiscal Year 1999-2000.
3. City Manager recommending public hearing be set for 2-15-99 for vacation and Rec. & File
sale of McClain Street south of Clara Street and a portion of a 20 ft. wide alley
between McClain Street and Hill St.
RESOLUTION Approving plat of proposed vacated McClain Street and adjacent
alley.
.
ORDINANCE Vacating the McClain Street lying southwesterly of Clara Street and
a portion of a 20 foot wide alley lying between Lots 1 and 2 of Watters Subdivision
NO.2 in the City.
RESOLUTION Advising of intent to dispose of City's interest in Lots 1, 1A, 2 and
2A in Watters Subd. NO.2 to Dubuque Lodging, Inc.
4.
City Manager recommending public hearing be set for 2-15-99 to consider
vacation and sale of Allison Place and a 20 foot alley abutting the northwesterly
line of Lot 12 of Finley Home Addition.
Pdopt
MorICN "E"
MOIICN "A"
Pdopt
Hrg.2-15-99
Rec. & ~J1e
RESOLUTION Approving plat of Allison Place and a 20 foot alley abutting the Adopt
northwesterly line of Lot 12 of Finley Home Addition.
ORDINANCE Vacating Allison Place and a 20 foot alley abutting the northwesterly
line of Lot 12 of Finley Home Addition.
RESOLUTION Advising of intent to dispose of City's interest in Lot 2A of Finley
Home Addition in the City to Finley Hospital.
.
3
MarICN "E"
MarrCN "A"
Adopt
Hrg. 2-15-9~
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. 5.
City Manager submitting documents providing for construction of Greyhound
Park & Casino Parking.Lot Paving 1999.
Rec. & File
RESOLUTION Preliminary approval of plans & specs. for project in estimated
amount of $62,675.00.
Jldopt
RESOLUTION Fixing Date of Hearing on plans & specs. for March 1, 1999.
F.dopt
RESOLUTION Ordering Bids and directing Clerk to advertise.
FaGot
CONSENT ITEMS
1. MINUTES SUBMITTED -- Airport Commission of 12-21; Cable TV Regulatory
Commission of 1-13; Carnegie-Stout Public Library of 12-17; Civil Service Fee. & File
Commission of 1-6, 1-19 & 1-26 (unapproved); Five Flags Commission of 1-18;
Housing Code Appeals Board of 10-20.
Printed Council Proceedings for month of December, 1998 for approval. Approve
Proof of Publication on publishing Council Proceedings for 1-4-99. Rec. & File
. Dubuque Racing Association (DRA) submitting their financial statements for year Rec. & File
ending November 30, 1999 (Copy on file in City Clerk's Office for review)
Substance Abuse Services Center submitting their 2nd Quarter Report. Rec. & File
2. NOTICES OF CLAIMS/SUITS -- Doris Anthony in unknown amount for property Refer to
damages; Coca-Cola Bottling in amount of $998.73 for vehicle damages; Joseph Legal Staff
& Margaret Kemp in amount of $20.00 for property damages. fjinv.&rpt
3. Corporation Counsel advising vehicle damage claim of Rafoth Sheet Metal Inc. Rec. & File
has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool.
Corporation Counsel recommending settlement of property damage claim of Gary Approve
reccmmend
Ristow in the amount of $53.49 and Finance Director issue check.
4. City Manager recommending approval of awarding and execution of the Approve
concession agreement at the McAleece Park and Recreation Complex to 8th recommend.
Inning LLC.
5. City Manager recommending approval of the management agreement for Miller- Approve
recommend.
. Riverview Park with Pat Felderman.
6. City Manager recommending approval of Bunker Hill Golf Course Operating Approve
recommend.
Agreement with G.M.S., Inc. (George Stephenson, golf professional).
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7. Civil Service Commission certifying amended list of individual for the position of Make mat ter
. Maintenance Worker. cf record
Civil Service Commission certifying list of individuals who have successfully Make matter
passed the written exam for position of Equipment Operator L of reccrd
8. City of Asbury advising of voluntary annexation to their city for property lying west R€c. & Fi le
of the City's corporate limits and north of Asbury Road.
9. Dept. of Transportation Federal Aviation Administration advising of direct final rule Rec. & File
and requesting comments.
10. City Manager recommending acceptance of 1998 Asphalt Paving Project. Rec. & File
RESOLUTION Accepting Improvements for above project. Ado~t
RESOLUTION Approving Final Estimate for project in amount of $922,346.20. Adopt
11. City Manager recommending acceptance of Fire Suppression System for Rec. & File
Operations and Maintenance Center.
RESOLUTION Accepting improvements for above project. Adopt
. RESOLUTION Approving Final Estimate for project in amount of $76,259.00. Adopt
12. City Manager recommending approval of contract with Iowa Dept. of Public Health Approve
reccmmend.
for continued funding of local AIDS program.,
13. City Manager requesting Council make the following appointments to the Approve
Enterprise Zone Commission - Dave Baker, International Labor Organization; Emil request
"Mike" Stackis - NICC Board of Trustees; Rick Stein, Long Range Planning
Advisory Commission. Also informing Council the following have been selected
as representatives by two other agencies: C. J. Shannon, Iowa Workforce
Development and Bill Baum, Iowa Department of Economic Development.
.
5
. 14, City Manager submitting Resolutions providing for correction of titleholder to real Rec. & File
estate with ADC Properties, L.C. at Dubuque Technology Park.
RESOLUTION Rescinding Resolution Nos. 528-98 and 529-98 relating to the Ado~t
disposition of Lots 4 and 5, Block 2 of Dubuque Technology Park in the City.
RESOLUTION Determining that the proposal of ADC Properties, L.C., and Adopt
Advanced Data-Comm, Inc., is in compliance with the terms of offering for
disposition of Lots 4 and 5 of Block 2 of the Dubuque Technology Park in the City.
RESOLUTION Accepting the proposal for sale and private development of Lots 4 Adopt
and 5 of Block 2 of the Dubuque Technology Park in the City of Dubuque,
approving Agreement for same, and authorizing actions to implement said
Agreement.
15. City Manager recommending acceptance of assignment of contract and approval Approve
of purchase agreement for property at 120 W. 4th St.
16. BUSINESS LICENSES -- RESOLUTION Granting issuance of Cigarette License Adopt
to La Nortena.
RESOLUTION Granting issuance of Class "C" Beer Permits to Liquor Depot and Adept
. West Locust Mart.
RESOLUTION Granting issuance of Class "B" Hotel-Motel Liquor License to Best Adopt
Western Dubuque Inn; Class "C" Commercial Liquor License to Goetz's, Tony's
Place, Mickey's Pub; Class "B"(WB) to Liquor Depot and Class "E" Liquor License
to Liquor Depot.
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.
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Mary A. Davis, CMC
1 :00 p.m. - 1-28-99
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AMENDED ADDENDUM TO CITY COUNCIL AGENDA FOR FEBRUARY 1,1999
*** CONSENT ITEM 15A.
15A. City Manager requesting that the Mayor be authorized to execute an amendment to
Development Agreement with Horizon Development Group LLC and CarteGraph
Systems, Inc. to defer closing date to February 26, 1999.
Mary A. Davis CMC, City Clerk
1-29-992:15 P.M.P
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TO: MARY A. DAVIS
CITY CLERK
YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION
OF THE CITY COUNCIL TO BE HELD ON MONDAY, FEBRUARY 1,
1999 AT 7:00 O'CLOCK P.M. IN THE PUBLIC LIBRARY AUDITORIUM
FOR THE PURPOSE TO ACT UPON SUCH BUSINESS WHICH MAY
PROPERLY COME BEFORE THE COUNCIL.
1~7A
2-1-99