07 06 99 Agenda
,
AGENDA - CITY COUNCIL MEETING
TUESDAY- JULY 6,1999
7:00 P.M. PUBLIC LIBRARY AUDITORIUM
INVOCATION n Ann Barbash, President, Dubuque Area Congregations United
PROCLAMATIONS -- Supporting and recognizing musicians, volunteers and
Director Greg Orwoll regarding Colts Drum and Bugle
Corps of Dubuque, IA.
Supporting the Dubuque Census 2000 Complete Count
Committee.
CONSENT ITEMS SEE PAGES #
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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APPOINTMENTS to following Boards/Commissions
Historic Preservation Commission-- Applicant-- Duaine Greenfield (Old Main)
Library Board of Trustees -- Applicants -- Thomas Goodman & Kevin Lynch
Long Range Planning Commission -- Applicants -- Stephen Cooper, Anna O'Shea,
Michael Portzen, David Rusk
Park & Recreation Cornmission -- Applicants -- Tom Blocklinger, Chuck Duggan,
Thomas Schrobilgen, Lynn Sheets, Robert Timmerman.
TV Cable Regulatory Commission -- Applicant -- Walter Webster
TV Cable Teleprogramming Commission -- Applicants -- Anthony Allen, Dave
Wanamaker
Zoning Advisory Commission -- Applicants -- Martha Christ, Robert Nagle, Carl
Scherbring, Richard Schiltz, Ron Smith.
1.
PUBLIC HEARINGS
Proofs of Publication on Notice of Hearing on Plans & Specs. AND Notice to
Property Owners for 1999 Sidewalk Assessments - John F. Kennedy Road
from Asbury Road to Spring Valley
SU3GESTED
DISPOSITIONS
Rec. & File
Henry T. & Marion D. Pliner, Sheri & Patrick Clancy and a Petition containing 19 Rec. & File
signatures objecting to assessments and the need for project.
RESOLUTION Adopting Plans & Specs. for project.
RESOLUTION With Respect to adoption of the Resolution of Necessity for
project.
RESOLUTION Ordering Bids for project and Clerk to advertise.
Adopt
Adopt
Adopt
2. Proof of Publication on Notice to Property Owners regarding amendment to 1999 Rec. & File
P.C. Concrete Paving Project - No.1 Preliminary Schedule of Assessments to
include Water Service Assessments.
City Manager recommending to proceed with project.
RESOLUTION With Respect to the adoption of the Resolution of Necessity, as
amended, for project.
Rec. & File
Adopt
3. Proofs of Publication on Notice of Hearing on Plans & Specs.; Notice to Property Rec. & File
Owners AND Notice to Bidders on the Receipt of Bids for Construction of
Adams Addition Sanitary Sewer Extension on Rockdale Road AND City
Manager recommending to award contract for project.
RESOLUTION Adopting Plans & Specs. for project.
RESOLUTION With Respect to the adoption of the Resolution of Necessity for
proposed project.
RESOLUTION Awarding Contract for project to Portzen Construction Co. in the
amount of $62,380.60.
Adopt
Adopt
Adopt
4. Proofs of Publication on Notice of Hearing on Plans & Specs.; Notice to Property Rec. & File
Owners AND Notice to Bidders on the Receipt of Bids for Construction of Miller
Road Sanitary Sewer Extension Project AND City Manager recommending to
award contract for project.
RESOLUTION Adopting Plans & Specs. for project.
RESOLUTION With Respect to the adoption of the Resolution of Necessity for
proposed project.
RESOLUTION Awarding Contract for project to Drew Cook & Sons Excavating,
Co., Inc. in the amount of $56,702.55.
Adopt
Adopt
Adopt
5. TABLED FROM MEETING OF JUNE 21,1999.
Proofs of Publication on Notice of Hearing on Plans & Specs. AND Notice to F.l
Rec. & l e
Bidders on the Receipt of Bids for Merchants Hotel Building (304-326 Main St.)
Demolition and Site Clearance Project AND City Manager recommending to
award contract for project.
John Gronen submitting an updated progress report regarding renovation of Rec. & FIle
Merchants Hotel.
RESOLUTION Adopting Plans & Specs. for project. Adopt
RESOLUTION Awarding Contract for project to Tschiggfrie Excavating Company Adopt
in the amount of $244,140.00.
2
6.
Proof of Publication on Notice of Public Hearing to consider reclassifying property
at 2509 Lincoln from R-1 to R-2 District. (Requested by Ron White)
ORDINANCE Amending Zoning Map by reclassifying property at 2509 Lincoln
Ave. from R-1 Single-Family Residential District to R-2 Two-Family Residential
District. (Denied by Zoning Advisory Commission - Set for hrg. on 6-7-99)
7.
Proof of Publication on Notice of Public Hearing to consider amendment of
Ordinance No. 35-93 amending Conceptual Development Plan for Mercy Health
Center 10 District.
Rec. & File
COUNCIL OR
MCTION IIB"
MOTION IIA II
Rec. & File
ORDINANCE Amending Ordinance No. 35-93 by approving an amended MOTION "A"
Conceptual Development Plan for the Mercy Health Center 10 Institutional District
and reclassifying property located at the end of Clara Street from R-2 Two-Family
Residential District to 10 Institutional District. (1 st & 2nd rdgs. given 6-21-99)
8.
Proof of Publication on Notice of Public Hearing to consider reclassifying property
located on Highway 20 West from County B-2 District to City C- District. (Riley
Development Co.)
Rec. & File
ORDINANCE Amending Zoning Map by reclassifying property located on Highway MOTION ~A"
20 West from Dubuque County B-2 Business District to City's C-3 General
Commercial District, concurrent w/annexation (1 st & 2nd rdgs. given 6-21-99)
9. Proof of Publication on Notice of Public Hearing to consider reclassifying property Rec. II< File
South of Starlite Drive from PR to R-3 District. (Horizon Development Group, LLC)
ORDINANCE Amending Zoning Map by reclassifying property located South of MOTION "A"
Starlight Drive from PR Planned Residential Designation to R-3 Moderate Density
Multi-Family Residential District. (1 st & 2nd rdgs. given 6-21-99)
10. Proof of Publication on Notice of Public Hearing to consider Text Amendment to
Zoning Ordinance providing for special provisions for off-street parking and
storage of vehicles in residential district and installation of driveways.
ORDINANCE Amending Zoning Ordinance by adding definitions of "Aisle" and
"Driveway" and modifying the definition of "Garage, Residential," and by amending
Section 4-2.6 Special Provisions for Off-Street Parking and Storage of Vehicles in
Residential District by adding a new Section 4-2.6(0) Standards for installation of
driveways. (1st & 2nd rdgs. given 6-21-99)
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Rec. & File
MarION "A tl
11.
Proofs of Publication on Notice of Hearing on Plans & Specs. AND Notice to
Bidders on the Receipt of Bids for Construction of Bee Branch Storm Cleaning
Project AND City Manager recommending to reschedule public hearing and
readvertise for bids.
RESOLUTION Rescinding Resolution No.345-99 Resetting Date of Hearing on
plans & specs. to July 19, 1999.
RESOLUTION Rescinding Resolution No. 346-99 and Directing Clerk to
readvertise for bids for project.
Rec. & File
Adopt
Adopt
12. Proofs of Publication on Notice of Hearing on Plans & Specs. AND Notice to Rec. & File
Bidders on the Receipt of Bids for Construction of William M. Black Steamboat
Restoration Project - Phase I (Fire Protection and Watermain Extension) AND
City Manager recommending to award contract for project.
RESOLUTION Adopting Plans & Specs. for project.
RESOLUTION Awarding Contract for project to Tri-State Automatic Sprinkler
Corporation in the amount of $59,675.15.
Adopt
Adopt
13. Proofs of Publication on Notice of Hearing on Plans & Specs. AND Notice to Rec. & File
Bidders on the Receipt of Bids for Construction of William M. Black Steamboat
Restoration Project - Phase II (Hurricane Deck Roofing) AND City Manager
recommending to award contract for project.
Adopt
RESOLUTION Adopting Plans & Specs for project.
RESOLUTION Awarding Contract for project to Geisler Brothers Roofing, subject Adopt
to concurrence of lOOT, in the amount of $79,464.57
14. Proofs of Publication on Notice of Hearing on Plans & Specs. AND Notice to Rec. & File
Bidders on the Receipt of Bids for Construction of 1999 Curb Ramp Installation
- CDBG AND City Manager recommending to award contract for project.
RESOLUTION Adopting Plans & Specs. for project. Adopt
RESOLUTION Awarding Contract for project to Perry Construction in the amount Adopt
of $57,572.40.
15. Proofs of Publication on Notice of Hearing on Plans & Specs. AND Notice to
Bidders on the Receipt of Bids for Construction of USHA Park Grading AND
City Manager recommending to award contract for project.
RESOLUTION Adopting Plans & Specs. for project.
RESOLUTION Awarding Contract for project to Connolly Construction Inc. in
the amount of $65,252.55.
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Rl'lc. & File
Adept
Adopt
16. Proofs of Publication on Notice of Hearing on Plans & Specs. AND Notice to
Bidders on the Receipt of Bids for Construction of Five Flags Theater Toilet
Renovation Project AND City Manager recommending to award contract for
project.
Rec. & File
RESOLUTION Adopting Plans & Specs. for project. Adopt
RESOLUTION Awarding Contract for project to Renaissance Development in the Adopt
amount of $132.861.00.
17. Proofs of Publication on Notice of Hearing on Plans & Specs. AND Notice to Rec. & File
Bidders on the Receipt of Bids for Construction of Five Flags Chiller
Equipment Installation AND City Manager recommending to award contract for
project.
RESOLUTION Adopting Plans & Specs. for project.
Adopt
RESOLUTION Awarding Contract for project to MMC Mechanical Contractors, Inc. Adopt
in the amount of $72,800.00.
18. Proof of Publication on Notice of Public Hearing to consider issuance of $800,000 Rec. & File
Urban Renewal Tax Increment Revenue Promissory Note (Interstate Power
Company Loan).
City Manager recommend to proceed with issuance and Note.
RESOLUTION Instituting Proceedings to take additional action for the issuance of
a $800,000 Urban Renewal Tax Increment Revenue Promissory Note.
RESOLUTION Authorizing and providing for the issuance and securing the
payment of a $800,000 Urban Renewal Tax Increment Revenue Promissory Note
of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and
providing for a method of payment of said promissory note.
ACTION ITEMS
Rec. & File
Adopt
Adopt
1.
Michael Pratt, General Manager of McLeodUSA requesting to address the Council Rec. & File
Accept
advising of the return of loan agreement between City and McLeod USA.
2.
City Manager recommending to concur with Dubuque County's request to have
8th Street remain open to traffic for expansion of Law Enforcement Center.
3.
Atty. David Setter, representing Paul & Jayne Cate, requesting Council to
reconsider their rezoning request for land located on Highway 20 West.
4.
Atty. Todd Stevenson, on behalf of Wayne Stewart and Stewart Construction
requesting Council reconsider its action regarding zoning of approx. 9.5 acres of
real estate located on Highway 20 West and Cousins Road.
5
Concur wi
recommend.
COUlCIL
COUNCIL
3.
5.
City Manager recommending approval of Ordinance fixing fees for domestic
(Septic Tanks) sewage discharged at treatment plant
Rec. & File
MarION" IIBII
ORDINANCE Amending Section 44-71 (f) providing for fixing fees for haulers of MarrCN "A"
Domestic (Septic Tanks) Sewage Discharged at the Wastewater Treatment Plant.
6.
City Manager recommending installation of steps and landing on public right-of-
way at 900 Central Ave.
Rec. & FIle
MarICN IIBII
ORDINANCE Authorizing Marde Enterprises to construct steps and landing at 900
MaTla-J llAn
Central Ave.
7.
City Manager submitting an ordinance providing for increase in false alarm
responses.
Rec. & File
MC'IICN
11B"
ORDINANCE Enacting a new Sec. 3-16(3) in lieu thereof providing an increase in MarICN
service charges for false alarm responses.
8.
City Manager requesting confirmation on the appointment of the members of the
Ad Hoc Committee on Billboards and as to whether the Planning Services Staff is
to be voting or non-voting members. ..
1.
ITEMS TO BE SET FOR PUBLIC HEARINGS
City Manager submitting bidding documents providing for Klingenberg Terrace
Retaining Wall Reconstruction Project.
RESOLUTION Preliminary approval of plans & specs. for project in estimated
amount of $336,183.00
RESOLUTION Fixing Date of Hearing on Plans & Specs. for August 2, 1999.
RESOLUTION Ordering Bids and directing Clerk to advertise.
2.
Kathleen McMullen, General Manager of TCI requesting possible waiver of
franchise Ordinance to grant TCI permission to charge an administrative fee on
delinquent accounts.
City Manager recommending public hearing be set for August 16, 1999 to
consider request on waiver of certain provisions of Ordinance No. 42-81.
City Manager recommending approval of amendment to lease with ORA for
property in Ice Harbor.
RESOLUTION Advising of intent to dispose of an interest in real property by an
amendment to Lease with Dubuque Racing Association (Ice Harbor)
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!lAII
COL"NCIL
Voting or
Rec. & File
i'dopt
Adopt
Adopt
Rec. & File
Approve
Public hrg.
Rec. & File
Adopt
Hrg. 7-19-99
CONSENT ITEMS
1.
MINUTES SUBMITTED -- Five Flags Commission of 5-17; Housing Code Appals
Board of 1-19; Human Rights of 5-10; Long Range Planning Commission of 6-16;
Park & Recreation of 6-8; Transit Board of 5-13.
Rec. & File
Proofs of Publication on publishing Council proceedings for meetings of 6-2 & 6-7. Rec. & File
2.
Printed Council Proceedings for month of May, 1999 for approval.
NOTICE OF CLAIMS/SUITS Brian Davis in amount of $60.86 for vehicle
damages; Louis Hendricks in amount of $2000.00 for backed up sewer damages;
C.Gaa Holdiman in unknown amount for property damages; Ronald & Carol Jahns
in amount of $171.39 for backed up sewer damages; Mrs. Ruth Metcalf in amount
of $1,671.51 for backed up sewer damages; Dale & Marcia Weiland in amount of
$1900.00 for backed up storm sewer damages; Marion Williams in unknown
amount for personal injuries.
3.
Corporation Counsel advising following claims have been referred ro Public Entity
Risk Services of Iowa, the Agent for the Iowa Communities Assurance Pool:
Personal injury of Wendy Aitchison; Vehicle damage of William R. Armstrong;
Property damage of Kenneth Beck; Vehicle damage of Lindsy Brandes; Property
damage of Dave & Mary Corpstein; Property damage of Cottingham & Butler;
Property damage of John & Loretta Davis; Property damage of Kathleen M. Doty;
Property damage of Michele Harry-Segura; Property damage of Russell & Leona
Hibben; Sewer backup of Larry Hurst; Property damage of John M. Kass; Property
damage of George & Marilyn Langas; Property damage of Thomas J. Lange;
Property damage of Larry & Lorri Liddle; Personal injury and vehicle damages of
Robert McPoland; Property damages of John Merkes (2); Property damage of
Patrick M. Miller; Vehicle damage of Eugene A. Neilson; Personal injury of Keith
Olds; Property damage of Mike & Sue Polkinghorn; Vehicle damage of Randy J.
Post; Property damage of Oat Quach; Property damage of Jeffrey A. Roen;
Property and Business Loss of Roger's Auto Salvage; Property damage of William
G. Rouse; Property damage of Gerald & Joyce Schissel; Property damage of
Dianne Schneider; Property damage of Roger Slattery; Property damage of Jodi
and Jeremy Stuart; Property damage of Marvin Weber.
Corporation Counsel recommending denial of following claims: Tire damage of
Marlene Furry; Property damage of Daniel R. Grutz.
Corporation Counsel recommending settlements of property damage claim of hill
Schmerbach in the amount of $75.00 AND vehicle damage claim of Dennis
Richey in the amount of $164.30 and direct Finance Director to issue proper
checks.
4.
Mercy Medical Center (Mercy) requesting Clara Street be shortened and cul-de-
sac relocated to allow for development of property owned by Mercy.
7
Approve as
rinted
Refer to
Legal Staff
f/inv. &
repcrt
Rec. & File
Approve
denials
Approve
settlements
Refer to
Cty. Mgr.
5.
City Manager recommending approval of Hillcrest Usage Agreement for use of
Murphy Park from November 1 st, 1999 through January 12, 2000..
Approve
6.
City Manager requesting approval to execute Licensing Agreement for GIS.
Rec. & File
RESOLUTION Authorizing City Manager or his designee to sign contracts with
Dubuque Area Geographic Information System Data Licenses.
Adopt
7. City Manager recommending approval of subordination agreement with State of Rec. & File
Iowa for CEBA award on behalf of Dubuque Data Services.
RESOLUTION Authorizing and directing Mayor to execute a UCC Security Adopt
Agreement/Financing statement Subordination Agreement with State of Iowa for
Dubuque Date Services Community Economic Betterment Account (CEBA) Loan.
8. Copy of City Manager's letter to City Development Board requesting public input Rec. & File
be allowed regarding two voluntary annexation requests by the City of Asbury.
9. City Manager recommending approval of assignment of the Ice Harbor Parking Rec. & File
Agreement.
RESOLUTION Consenting to assignment of the Ice Harbor Parking Agreement
and the Ice Harbor Sublease Agreement from Greater Dubuque Riverboat
Entertainment Company, L.C. to Peninsula Gaming Company, L.C.C.
Adopt
10. BUSINESS LICENSES -- RESOLUTION Granting issuance of Cigarette Licenses Adopt
to 6 outlets.
RESOLUTION Granting issuance of Class "C" Beer Permits to KWIK Stop Adopt
Convenience Store; Oky Doky Food #14, JFK Amoco Foodshop and Family
Beverage Center.
RESOLUTION Granting issuance of Class "C" Liquor Licenses to Fischer Lanes, Adopt
Bodine's, Walnut Tap, Knickers Saloon, House of China and Loras College and
Class "B" Wine Permit to Family Beverage Center.
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.
Mary A. Davis, CMC
1:00 p.m. -7-1-99
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