3 17 03 Agenda with iconsCITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, MARCH 17, 2003
INVOCATION
Father Paul Offing, Pastor of Holy Ghost Catholic Church
CONSENTITEMS
The consent agenda items ara considered to be routine and non-controversial and all consent
items will be normally voted upon in a single motion without any separate discussion on a
particular item. 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.
Minutes Submitted
Cable TV Regulatory Commission of 1/8 and 2/1; Cable TV Teleprogramming
Commission of 3/4; City Council of 2/26, 2/27, 3/3 and 3/5; Civil Service Commission of
2/6; Housing Commission of 1/28; Human Rights Commission of 1/13 and 2/10; Library
Board of Trustees of 12/19 and 1/23; Municipal Housing Agency of 2/27; Park and
Recreation Commission of 3/11; Zoning Advisory Commission of 2/5
Proofs of publication of City Council proceedings of 2/17, 2/20, 2/24, 2/26 and 2/27; of
the Municipal Housing Agency of 2~27; and the List of Claims and Summary of
Revenues for month ending January 31, 2003
Finance Director submitting the City of Dubuque Financial Reports for the month ending
February 28, 2003.
Suggested Disposition: Receive and File
Cable of 1/8 Cable of 2/:!.2 Cable
Teleprngramming
City Council of 2/26 City Council of 2/27 City Council of 3/3
C~ty Council of 3/5 Cwil Service Housing
Human PJghts 1/13 Human Rights 2/10 Library of 12/19
Library of 1/23 Municipal Housing Park and Rec Zoning Advisory
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Notice of Claims/Suite
Lynn Schmitz for personal injury; Teamsters Local Union No. 421 vs. City of Dubuque
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
Corporation Counsel recommending denial of the claim of John Schreiber for property
damage.
Suggested Disposition: Receive and File; Concur
Claim - Settled
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Friends of "Continuum" Committee
Communication and petition from Janet Young and Jan Oswald submitting suggestions
for placement of the "Continuum".
Suggested Disposition: Receive and File
Continuum Pe'dBon
Hotel/Conference Center Parking Lote and Fifth Street Construction Project -
Acceptance
City Manager recommending acceptance of the Hotel/Conference Center Parking Lots
and Fifth Street Construction Project in the final contract amount of $1,149,073.84.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Hotel - MVM Memo Hotel - Staff Memo Hotel - ResoluUon #2 Hotel - ResoluUon #; Ho[el - Final Amount~
Five Flags Theater - Replace East Doore Project - Acceptance
City Manager recommending acceptance of the Five Flags Theater - Replace East
Doors Project in the final contract amount of $29,307.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
2
Suggested Disposition: Receive and File; Adopt Resolutions
· Doors - MVM Memo Doors - Staff Memo Doors - Resolution Doors - Resolutuion
#1 #2
Five Flags Theater - Reroofing and Masonry Restoration Project- Acceptance
City Manager recommending acceptance of the Five Flags Theater- Rereofing and
Masonry Restoration Project in the final contract amount of $124,437.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Roof - MVM Memo Roof - Staff Memo Roof - Resolution #1 Roof - Resolution #2
Canfield Place No. 2 - Plat of Survey
Zoning Advisory Commission recommending approval of the Plat of Survey of Lot 1 and
Lot 2 of Canfield Place No. 2, located at the southwest corner of Fourth and Iowa
Streets, as requested by the City of Dubuque.
RESOLUTION Approving the Plat of Survey of Lot 1 and Lot 2 of Canfield Place No. 2
Suggested Disposition: Receive and File; Adopt Resolution
Canfield - ZAC ~ Canfield - Staff Canfield - Resolution Canfield Pla~ of Canfield ~ Exhibit A
Memo Survey
Gassman Quarry - Final Plat
Zoning Advisory Commission recommending approval of the final plat of Lot 1 of the SE
%, NE ¼ and Lot 2 of the NE ¼, SE % of Section 7, T88R2E of Massey Quarry, located
at the corner of Old Massey Road and Highway 52 in Dubuque County, as requested by
Bob Miller/Mildred and Robert Gassman.
RESOLUTION Approving the final plat of Lot 1 of the SE %, NE ¼ and Lot 2 of the NE
%, SE % of Section 7, T88R3E
Suggested Disposition: Receive and File; Adopt Resolution
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10.
Old Massey - ZAC Ltr Gessman - Old Massey - Staff Old Massey Gassman Quarry Plat Old Massey - Exhibit
Application Memo Resolution A
Priorities and Requests for Federal Financial Assistance
City Manager recommending approval of the City's updated Priorities and Requests for
Federal Financial Assistance.
Suggested Disposition: Receive and File; Approve
Pdoriti~s - HVM Harch 2003 Prioriti~ Project: Location Hap Altamative Map Shot Tower Picture
Memo
HMS Preferred Health Choices
City Manager recommending that certain designated agents of the City be authorized to
make withdrawals from a specialized bank account for self-insured health benefits used
to pay medical and disability expenses.
RESOLUTION Authorizing certain designated agents of the City of Dubuque limited
authorization to execute withdrawals on behalf of the City of DubuqUe, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
HMS - MVH Memo HMS - Staff Hemo HMS - Resolution
11.
12.
Tobacco Penalties
City Manager recommending that a headng be set for Apdl 7, 2003 to consider
assessing civil penalties against two tobacco permit holders for underage tobacco
sales.
Suggested Disposition: Receive and File; Hearing 4/7103
PenalUes - MVM Penalties - Staff
Memo Memo
Iowa Department of Economic Development
Communication from the Iowa Department of Economic Development advising that the
review of the first phase of the City's HOME Partnership Program (Agreement Number
HMS-135-21) has been completed and has been found to be in substantial compliance
with financial and program requirements.
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Suggested Disposition: Receive and File
IDED Ltr
13.
Iowa Department of Transportation
Notice from the Iowa Department of Transportation regarding 2003 public input
meetings.
Suggested Disposition: Receive and File
14.
East Central Intergovernmental Association
Communication from the East Central Intergovernmental Association regarding the
impact of the STIR proposal on the general fund of Iowa cities,
Suggested Disposition: Receive and File
15.
16.
Application for Homeownership Assistance Funds
City Manager recommending approval of an application to the Federal Home Loan Bank
(FHLB) for Affordable Housing Program funds to assist income-qualifying families to
purchase a home.
RESOLUTION Authorizing sponsorship of an application to the Federal Home Loan
Bank of Des Moines for Affordable Housing Program funds
Suggested Disposition: Receive and File; Adopt Resolution
Application - MVH ApplicaUon - Staff ApPlication -
Nerno Memo Resolution
Contract for Administrative Services for Old Mill Road Property Purchase Grant
City Manager recommending approval of an Administrative Plan and a Contract for
Services with East Central Intergovernmental Association for administrative services
required to acquire three properties, including relocation assistance to property owners
and demolition of structures, as described in the grant agreement with the Iowa
Emergency Management Division.
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17.
Suggested Disposition: Receive and File; Approve
Cont~ac~ - HVH ConL~'act - S~aff Adminisbataive Adminisb-~dve Plan
Memo Herno Contrac~
U.S. Department of Housing and Urban Development
Communication from the U.S. Department of Housing and Urban Development (HUD)
advising that the City's Fiscal Year 2003 allocation for Community Development Block
Grant Funds is $1,481,000.
Suggested Disposition: Receive and File
HUD Lb'
18.
Iowa Resource for International Service
Communication from Bob Anderson, Iowa Resource for International Service President,
expressing thanks to the City Council and citizens of Dubuque for the excellent
hospitality extended to the four international participants living with host families in the
Dubuque area.
Suggested Disposition: Receive and File
Anderson I.b' IRIS Mission
19.
20.
Civil Service Commission
Civil Service Commission submitting the certified list for the position of Parking Meter
Checker.
Suggested Disposition: Receive and File; Make a Matter of Record
Civil Service Ltr Parking Meter
Checker Us~
Public Bidding Threshold
Communication from the City Manager to area legislators requesting their support for
SSB 1115 and HSB 188 which would raise the public bidding threshold to a level
consistent with today's rate of inflation.
Suggested Disposition: Receive and File
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22.
SSB 1~.15 - I~IVF,1 Ltr State Senator Ust HSB 188 - ~lVH LiT State
Representative Ust
Voluntary Annexations
Communication from the City Manager to area State Representatives requesting their
opposition to HF 196 regarding voluntary 80/20 annexations.
Suggested Disposition: Receive and File
HF 196 - MVM Ltr State
Representative Lis~
Request to Vacate
Communication from Steven Schmitz and Michael White requesting that the City vacate
a public utility easement located on Lot 4 in Plaza Court Subdivision.
Suggested Disposition: Receive and File; Refer to City Manager
Vacate Request Ltr
23.
Business Licenses
RESOLUTION Granting the issuance of a Class 'C" Beer/Liquor License to West
Dubuque Tap and Ground Round Restaurant
Suggested Disposition: Adopt Resolution
Resolution
ITEM TO BE SET FOR PUBLIC HEARING
Fiber Optic Connection between City Network and the Port of Dubuque - Initiate
City Manager recommending initiation of the public bidding process for the fiber optic
connection between Fourth and Iowa Streets and the Port of Dubuque and that a public
hearing be set for Apdl 21, 2003.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Setting date of hearing on plans and specifications
RESOUTION Ordering bids
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Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
4/21103
Fiber Optic - MVM Fiber Optic - Staff Fiber Optic - Fiber Optic Drawing
I~lemo Memo Resolutions
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Historic Preservation Commission (One unexpired three-year term representing the Old
Main District through 7/1/05 and one unexpired three-year term representing the Jackson Park
Distdct through 7/1/04)!
Applicant: Mary Loney Bichell (Jackson Park District)
Housing Commission (One unexpired three-year term through 8/17/04):
Applicant: Joseph Suarez
Zoning Board of Adjustment (One five-year term through 3/25/08 - term of Urell):
Applicant: Jim Urell
Bd and Comm Ust Overview Sheet HPC Application Housing Application ZBA Application
PUBLIC HEARINGS
SUSPEND THE RULES
Crescent Ridge Road - Request to Rezone
Proof of publication on notice of hearing to consider a request from Tom and Ed
Zalaznik to rezone property located on Crescent Ridge Road, west of Cedar Cross
Road, from AG Agricultural District to CS Commercial Service and Wholesale District
and Zoning Advisory Commission recommending approval, with conditions.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located along the
north side of Crescent Ridge Road from AG Agricultural District to CS Commercial
Service and Wholesale District, with conditions
Suggested Disposition: Receive and File; Motion B; Motion A
Za.~aznik - ZAC Ltr
Zalaznik - Applicatior Zalaznik - Exhibit A Zalaznik - Staff
Report
Memorandum of Zalaznik - Petition Suggested Motion
Ag~ement
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Zalaznik - Ordinance
Hillcrest Family Services ID Institutional District Amendment
Proof of publication on notice of hearing to consider amending the Hillcrest Family
Services ID institutional District to allow extension of the time frame for use of the
existing portable classrooms and Zoning Advisory Commission recommending
approval,
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by repealing Section 2(D)(2) of Ordinance No. 55-00 and enacting
a new Section 2(D)(2) in lieu thereof pertaining to the time limit for use of portable
classrooms at Hillcrest Family Services
Suggested Disposition: Receive and File; Motion B; Motion A
Hillcrest - ZAC Ltr Hillcrest Application Hillcrest - Drawing Hillcmst - Staff Hem(
w/Lb-
Hillcrest - Ordinance Hillcresl: - Citizen Suggested Motion
Comment
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Vacating Request - Alley Between Bryant and Ramona Streets
Proof of publication on notice of hearing to consider a request from the Dubuque
Community School District to vacate the alley between Bryant and Ramona Streets
from Mt. Loretta Avenue 148 feet south and City Manager recommending approval.
RESOLUTION Disposing of City interest in Lot lA and Lot 3A in Columbia Addition in
the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
Vacating - MVM Vacating - Staff Vacating - Resolution
Memo Memo
Material from March 3, 2003 Meeting
Alley - MVM Memo Alley - Staff Memo Resolution -
Approving Plat
Alley - Ordinance
Alley Vacate Map Dubuque Schools Ltr Plat of Survey
Resolution - In~ent
to Dispose
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Mediacom Franchise Extension
Proof of publication on notice of hearing to consider an additional short-term extension
through June 30, 2003 of the existing Mediacom cable franchise and site agreements
under the terms currently in effect and City Manager recommending approval.
ORDINANCE Extending the term of the existing cable franchise agreement and hub Site
lease of MCClowa, EEC. to June 30, 2003
Suggested Disposition: Receive and File; Motion B; Motion A
Mediacom - MVM Mediacom - b-~ Mediacom - Mediacem Suggested Motion
Memo Memo Ordinance Agreement
Material from March 3, 2003 Meeting
Mediacom - MVM Franchise - Staff Franchise -
Memo Memo Resolution
Carnegie Stout Public Library Roof Replacement Project
Proofs of publication on notice of hearing on plans and specifications and notice to
bidders on the receipt of bids, and City Manager recommending award of the contract
for the Public Library Roof Replacement Project to Jim Giese Commemial Roofing in
the amount of $42,983.
RESOLUTION Adopting plans and specifications for the project
RESOLUTION Awarding contract to Jim Giese Commercial Roofing
Suggested Disposition: Receive and File; Adopt Resolutions
Library - MVM Memc Ubrery - Staff Memo Library - Resolution
#1
Material from February 3, 2003 Meeting
Roof - MVM Memo Roof - Staff Memo Roof - Resolution
Library - Resolution Library Bid Tab
#2
Roof- Resolution #2
Roof- Resolution #3
REINSTATE THE RULES
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ACTION ITEMS
Pothoff Place No. 2 - Preliminary Plat
Zoning Advisory Commission recommending approval of the preliminary plat of Pothoff
Place No. 2, located northeast of Gardener's Lane/Emberwood Drive in Dubuque
County, as requested by Ronald, Alvin and Francis Pothoff.
Suggested Disposition: Receive and File; Approve
Pothoff - ZAC Lb' Pothoff Application Pothoff - Staff Pothoff LoOter Pothoff - Exhibit A Pothoff - Plat
Report
Wertzberger Acres No. 2 - Preliminary Plat
Zoning Advisory Commission recommending approval of the preliminary plat of
Wertzberger Acres No. 2, located at 9773 Katie Cove in Dubuque County, as requested
by Walter Wertzberger.
Suggested Disposition: Receive and File; Approve
Wertzberger - ZAC We~zberger Wertzberger - Staff Wertzberger Pta~ Wer~zberger -
Lb- Application Report Exhibit A
Golf Course Renovation Master Plan
City Manager recommending approval of the hiring of Gill Miller Golf Course Architects,
Inc. to conduct a renovation study and develop a master plan for the Bunker Hill Golf
Course.
Suggested Disposition: Receive and File; Approve
Golf Course - HVH Golf Course - Staff
Memo Hemo
B
NOTE: Gill Miller Golf Course Architects' proposal enclosed as hard copy
Old Mill Road Property Purchase
City Manager recommending approval to proceed with closing on the purchase of three
properties on Old Mill Road, previously approved by Council on December 16, 2002,
pending receipt and processing of the FEMA contract for these properties on March 14,
2003.
Suggested Disposition: Receive and File; Approve
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Property - MVM Property - Staff FEMA Lb' MVM 12/16 Memo Staff t2/16 Memo
Memo Memo
Bee Branch Alignment Study Request for Proposals
City Manager recommending approval of a proposed Request for Proposals (RFP) for
the Bee Branch Creek Alignment Study to address issues related to the second phase
of the Drainage Basin Master Plan.
Suggested Disposition: Receive and File; Approve
Bee Branch - MVM Bee Branch - Staff Bee Branch RFP
Memo Memo
Bluff Land Protection Measures
City Manager submitting information regarding Bluff Land Protection Measures.
Suggested Disposition: Receive and File; Council
Bluff Land - MVM
Memo
NOTE: Material included as hard copy.
COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concern to that person 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; however,
no formal action may be taken at this time on your comments because of the notice
requirements of the Iowa Open Meetings Law.
CLOSED SESSION
Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) 2001 Code of Iowa
Jeanne F. Schneider
March 13, 2003
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