3 17 03 Skeleton SheetCITY COUNCIL REGULAR SESSION, MARCH 17, 2003
COUNCIL MET IN R,E~-AR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM
PRESENT: MAYOR'~/GGAN, C¢)UNCILMEMBER'~BUOL, CL~NE, CON~ORS, ~
.
ABSENT:
Mayor Duggan read the cell and stated this is a special session of the City Council
celled for the purpose of discussing such matters which may properly come before the
City Council.
INVOCATION: Father Paul Otting, Pastor of Holy Ghost Catholic Church
CONSENTITEMS
Buol
Cline
Connors
Duggan
Markham
.M.!chalski
(_~) Nmhotson
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
=
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
2
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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
=
Y~BuolNays
~--/Cline
Connors
Duggan
Markham
· .. Michalski
/ J~)Nicholson
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 ~/4~ ~ g;?_.~ Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
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 ~
RESOLUTION ~//~ ~.~
Accepting improvement
Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
3
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 ~c>~-~-,/~/~ Accepting improvement
RESOLUTION ~ ~-~ ~ Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
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 comer 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
Gassman Quarry - Final Plat
Zoning Advisory Commission recommending approval of the final plat of Lot 1 of the SE
%, NE % and Lot 2 of the NE %, SE % of Section 7, T88R2E of Massey Quarry, located
at the comer of Old Massey Road and Highway 52 in Dubuque County, as requested by
Bob Miller/Mildred and Robert Gassman.
RESOLUTION Z~--"-~5 Approving the final plat of Lot 1 of the SE %, NE %
and Lot 2 of the NE %, SE ¼ of Section 7, T88R3E
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michalski
Nicholson
4
w
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 benef*its 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 4/7103
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michalski
Nicholson
5
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.
RESOLUTION r~'~"~_~ 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
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michalski
Nicholson
6
16.
Contract for Administrative Services for Old Mill Road Property Purchase Grant
City Manager recommending approval of an Administrative P;an 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
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
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michaiski
Nichoison
7
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
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
2:3.
Business Licenses
RESOLUTION ~-4~ ~ Granting the issuance of a Class "C" Beer/Liquor
License to West Dubuque Tap and Ground Round Restaurant
Suggested Disposition: Adopt Resolution
Ayes Nays
Buol
Cline
Connore
Duggan
Markham
Michalski
Nichoison
8
9
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
headng be set for Apdl 21, 2003.
RESOLUTION
RESOLUTION
RESO~TION
Preliminary approval of plans and specifications
Setting date of hearing on plans and specifications
Ordedng bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
4121103
,.//~. yes Nays
_ Buol
~_.~line
Connors
~, Duggan
('/) Markham
/""' Michalski
/~ Nicholson
10
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Historic Preservation Commission (One unexpired three-year term representing the Old
Main Distdct 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)
t Ayes Nays
,-~ Buol
/~/~)Cline
L~/Connors
Duggan
/\ Markham
· I Michalski
// ~ Nicholson
Housing Commission (One unexpired three-year term through 8/17/04):
Applicant: Joseph Suarez
BuolNays
Connors
,~. Duggan
//i)Markham
'-~ Michalski
Nicholson
Zoning Board of Adjustment (One five-year term through 3/25/08 - term of Urell):
Applicant: Jim Urell
Nays
Buol
Cline
Connors
Duggan
Markham
Michalski
Nicholson
11
PUBLIC HEARINGS
SUSPEND THE RULES
Wes Nays
Buol
)Cline
Connors
Duggan
t~ Markham
,/ (~/Michalski
-- Nicholson
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 //'~g:2._~ 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
Nays
~(.~line
Connors
Duggan
M.arkham
M~chalski
Nicholson
Ayes Nays
Buol
Cline
Connors
Duggan
Markham
Michalski
Nicholson
12
=
Hiilcrest Family Services ID Institutional District Amendment ~~· ~ ~'
Proof of publication on notice of hearing to consider amending the Hil~crest Family
Services ID Institutional District to allow extension of the time frame for use of the
existing portable classrooms and Zoning Advisory Commission recommencling
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
Nays
Buol
Cline
Connors
Duggan
Markham
//~ ~/lichalski
/~Nicholson
13
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 ~;;>~:~ ~O..~ 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
Nays
Buol
Cline
Connors
Duggan
Markham
Michalski
/ ~Nicholson
14
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 J~'~, .,~ Extending the term of the existing cable franchise
agreement and hub site lease of MCClowa, L.L.C. to June 30, 2003
Suggested Disposition: Receive and File; Motion B; Motion A
~A~ ye(~ Nays
Buol
Cline
Connors
Duggan
Markham
Michaiski
~ ~licholson
Carnegie Stout Public Library Roof Replacement Project
Proofs of publication on notice of headng 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 Commercial Roofing in
the amount of $42,983.
RESOLUTION ~;;~-~ ~7~ Adopting plans and specifications for the project
RESOLUTION /~/~' ~--~ Awarding contract to Jim Giese Commercial Roofing
Suggested Disposition: Receive and File; Adopt Resolutions
/Ayes~ BuolNays
f.~Cline
~ ~,)Connors
Duggan
~ Markham
Michaiski
Nicholson
15
REINSTATE THE RULES
~Ayes Nays
.~ Buol
~Cline
Connors
Duggan
/Markham
· 0 Michalski
Nicholson
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
/~ ~'l /~ res Nays
~J ~, · Buol
, ~ /~ h')Cli.e
~ ~/ / ~C/Connom
J' /_~Duggan
/~ / ~arkham
/ Michalski
/ /
16
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
~Ayes Nays
.~ Buol
Itl Cline
//. L./Connors
// Duggan
// .. Markham
fi/Michalski
// ~'~ Nicholson
m
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
~.~yes Nays
Buol
Cline
(/~Connors
~-~ Duggan
Markham
17
Old Mill Road Property Purchase /~ :~
City Manager recommending approval to proceed with closing on the purchase of three
prope[ties 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
~,Ayes Nays
Buol
~ /~) Cline
/// c/Connors
// Duggan
// M.arkham
/ / Mmhalski
/ ~icholson
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
~ye/~) Nays
:/.. ~_~/~Buol
~ Cline
/ Connor. s/
/ Duggan
/ - Markham
Michalski
~ Nicholson
18
Bluff Land Protection Measures
City Manager submitting information regarding Bluff Land Protection Measures.
Suggested Disposition: Receive and File; Council
//~Ayes Nays
Buol
0C"ne
Connors
Duggan
Markham
COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concern to tha~ 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
Motion to go into Closed Session
ye.~,, Nays
/ /Buol
~/Cline
Connom
Duggan
Markham
/~///~ichalski
Nicholson
19
Motion to adjoum
Connors
Duggan
Markham
/~, .M..ichalski
Nmholson
20