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3 17 03 Agenda without IconsCITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. LIBRARY AUDITORIUM MONDAY, MARCH 17, 2003 INVOCATION Father Paul Otting, Pastor of Holy Ghost Catholic Church CONSENT ITEMS The consent agenda items are 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. 1. 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 2. Notice of Claims/Suits 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 3. 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 1 4. Hotel/Conference Center Parking Lots 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 5. Five Flags Theater – Replace East Doors 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 Suggested Disposition: Receive and File; Adopt Resolutions 6. Five Flags Theater – Reroofing and Masonry Restoration Project – Acceptance City Manager recommending acceptance of the Five Flags Theater – Reroofing 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 7. 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 8. Gassman Quarry – Final Plat Zoning Advisory Commission recommending approval of the final plat of Lot 1 of the SE ¼, NE ¼ and Lot 2 of the NE ¼, SE ¼ 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 ¼, NE ¼ and Lot 2 of the NE ¼, SE ¼ of Section 7, T88R3E 2 Suggested Disposition: Receive and File; Adopt Resolution 9. 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 10. 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 11. Tobacco Penalties City Manager recommending that a hearing be set for April 7, 2003 to consider assessing civil penalties against two tobacco permit holders for underage tobacco sales. Suggested Disposition: Receive and File; Hearing 4/7/03 12. 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. Suggested Disposition: Receive and File 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. 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. 3 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 16. 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. Suggested Disposition: Receive and File; Approve 17. 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 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 19. 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 20. 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 21. 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 22. Request to Vacate 4 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 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 ITEM TO BE SET FOR PUBLIC HEARING 1. 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 April 21, 2003. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 4/21/03 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 District 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 PUBLIC HEARINGS SUSPEND THE RULES 1. 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. 5 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 2. 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 3. 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 1A and Lot 3A in Columbia Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution 4. 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 MCCIowa, L.L.C. to June 30, 2003 Suggested Disposition: Receive and File; Motion B; Motion A 5. 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 6 for the Public Library Roof Replacement Project to Jim Giese Commercial 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 REINSTATE THE RULES ACTION ITEMS 1. 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 2. 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 3. 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 4. 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 5. Bee Branch Alignment Study Request for Proposals 7 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 6. Bluff Land Protection Measures City Manager submitting information regarding Bluff Land Protection Measures. Suggested Disposition: Receive and File; Council 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 8