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Proof Council Minutes 3 17 03iowa Department of Economic 0f the C before Five Flags ym0ved off,the C~ty's Affordable Housing funds ~to assist Road fron~ AG to CS Service ~nd District, with condi- ions, presented a~d mad. Buol noved that the requirement that a proposed Ordinance ~ P~SSed be suspended.and Se3coPna~eS~g by Cltee. Mot,o~ existing portab[e cic~s~or~ motion~ Ordiflances by Sestion 2(D)(2) in lieu Services, p~. sssed be suspeeded.~d Mediacom Franch!se, thanks t6 the C'O~ er an eddtiion~l short-term~ woul~ raJse:the pubtic bidding level consistent hub s~te [ease 2003, presented and read~ ~ moved that the that a pro.pos~, voted on foF passage at two Counci~ Annexations: ~ Stout public!Jbra~ ~ from th~ City placement Pro~ ~ to area State ~equesticg Proofs of pub cation on no~c~ ~ to HF 196 ofheanng°np[e?and~l Seconded rec6mmending fsitla- .bidding Drive in DubuqUe between and that received and Resolution approved, as audi- todum and {hst the City Clerk notice in the manner Katie ( I by law; and as requested No. 91-03 Ordering Werteberger, by Cline. received n carded 7~9. No, 2. BOARDS/COMMI~SION~ Nich0 son, Appoictme~s to the folio~ng Maste BoerdS/Comm~ssi0ns: Historic c~ted at 7/1/04): master pla~ received and Purchase: STATE OF IOWA DUBUQUE COUNTY {SS: CERTIFICATION OF PUBLICATION I, Sherd A. yut~., a Billing Clerk for Woodward Communications, Inc., mx Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 27, 2003, and for which the charge is $170.54. STATE OF IOWA DUBUQUE COUNTY {SS: CERTIFICATION OF PUBLICATION I, Sherri A. Yurt5 a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, COunty of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 27, 2003, and for wh/ch the charge is $170.54. Subscribed to before me. a Notary Public in this .og-Z~_~~ _ day of~ and for Dubuque County, Iowa, . , 20__~8_. CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, March 17, 2003 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is a regular ses- sion of the City Council called for the purpose of discussing such matters which may prop- erly come before the City Council. Invocation was given by Father Paul Otting, Pastor of Holy Ghost Catholic Church. CONSENT ITEMS 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, upon motion received and filed. 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, upon motion received and filed. Finance Director submitting the City of Dubuque Financial Reports for the month ending February 28, 2003, upon motion received and filed. Notice of Claims/Suits: Lynn Schmitz for personal injury; Teamsters Local Union No. 421 ,.vs. City of Dubuque, upon motion referred to the Legal Staff for investigation and report. Corporation Counsel recom- mending denial of the claim of John Schreiber for property damage, upon motion received and filed and concurred with denial. Friends of "Continuum" Committee: Communication and petition from Janet Young and Jan Oswald submitting suggestions for placement of the "Continuum," upon motion received and filed. Hotel/ Conference Center Parking Lots and Fifth Street Construction Project - Acceptance: City Manager rec- ommending acceptance of the Hotel/ Conference Center Parking Lots and Fifth Street Construction Project in the final contract amount of $1,149,073.84, uponmotion received and filed. Buol moved adoption of Resolution No. 78- 03 Accepting improvement and -Resolution No. 79-03 Approving final estimate. Seconded by Nicholson. Motion carried 7-0. Five Flags Theater - Replace East Doors Project - Acceptance: City Manager rec- ommending acceptance of the Five Flags Theater - Replace East Doors Project in the final contract amount of $29,307, upon motion received and filed. Buol moved adoption of Resolution No. 80-0 3 Crescent Ridge Road from AG Agricultural District to CS Commercial Service and Wholesale Ditrict, with condi- tions, presentei and read. Buoi moved that to requirement that a propos Ordinance b t considered an. on for passage atyo, eCouncil, atMwhich hs oisr t i'e meeting, passed be suspeny and fur „ ther moved final c .deratiur and passage of the Seconded by Clin Ss ID carried 7-0. Hillcrest Family Sees ID Institutional Otrict Amendment: Proof of 1 tion on notice of hea'ca- ' consider amending the I- to Family Services ID Institst District to allow extensit the time frame for use x existing portable classro and Zoning Advil: Commission recommend approval, upon mots received and filed. Gary Gansemer, of Hillcre: Family Services, spokt requesting the rezoning. Ordinance No. 18-03 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, pre- sented and read. Michalski moved that the requirement' that a proposed Ordinance be' considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and fur- ther moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Vacating Request - Alley Between Bryant and Ramona Streets: Proof of publication ori. 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, upon. motion received and filed. Cline moved adoption of" Resolution No. 92-03 Disposing of City interest in Lot. 1A and Lot 3A in Columbia' Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Nicholson. Motion carried 7-0. Mediacom Franchise Extension: Proof of publication on notice of hearing to consid- er an additional short-term extension through June 30, 2003 of the existing Mediacom cable franchise and site agree- ments under the terms current- ly in effect and City Manager recommending approval, upon' motion received and filed. Ordinance No. 19-03 Extending the term of the exist- ing cable franchise agreement and hub site lease of MCClowa, L.L.C. to June 30, 2003, presented and read. Buol moved that the requirement - that a proposed Ordinance be considered and voted on for 4 passage at two Council Meetings prior to the meeting ' at which it is to be finally passed be suspended and fur- ther moved final consideration • and passage of the Ordinance., • Seconded by Nicholson. Motion carried 7-0. Camegie Stout Public Library ; Roof Replacement Project' Proofs of publication on notice of hearing on plans and specifi cations 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, upon- motion received and filed. Cline moved adoption of Resolution No. 93-03 Adopting plans and specifications for the project and Resolution No. 94-03 Awarding contract to Jim Giese , Commercial Roofing. • Seconded by Connors. Motion. carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Pothoff Place No. 2 - Preliminary Plat: Zoning Advisory Commission recom- ' mending approval of the pre- liminary 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, upon motion received and filed and approved, as amended to a 22 feet roadway. Frank Pothoff spoke and requested that the 26' road';. width be waived and go to 22 feet. Wertzberger Acres No. 2 Preliminary Plat: Zoning Advisory Commission recom- mending approval of the pre- liminary plat of Wertzberger - Acres No. 2, located at 9773 Katie Cove in Dubuque County, as requested by Walter Wertzberger, upon motion received and filed and approved recommendation. ' Golf Course Renovation Master Plan: City Manager rec. ommending approval of the ing of Gill Miller Golf Course Architects, Inc. to conduct a - renovation study and develop a master plan for the Bunker Hill Golf Course, upon motion received and filed anc) approved recommendation. ' Old Mill Road Property Purchase: City Manager rec- ommending approval to pro- ceed with closing on the pour: , chase of three properties on Old Mill Road, previously approved by Council on STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Sherri A. Yutzy, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 27, 2003, and for which the charge is $170.54. Councu. Invocation was given by Father Paul Otting, Pastor of Holy Ghost Catholic Church. CONSENT ITEMS 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, upon motion received and filed. 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, 02003, upon motion received and filed. Finance Director submitting the City of Dubuque Financial Reports for the month ending February 28, 2003, upon motion received and filed. Notice of Claims/Suits: Lynn Schmitz for personal injury; Teamsters Local Union No. 421 ,,vs. City of Dubuque, upon motion referred to the Legal Staff for investigation and report. Corporation Counsel recom- mending denial of the claim of John Schreiber for property damage, upon motion received and filed and concurred with denial. Friends of "Continuum" ~ Committee: Communication and petition from Janet Young and Jan Oswald submitting suggestions for placement of the "Continuum," upon motion received and filed. Hotel/ Conference Center Parking Lots and Fifth Street Construction Project - Acceptance: City Manager rec- ommending acceptance of the Hotel/ Conference Center Parking Lots and Fifth Street Construction Project in the final contract amount of $1,149,073.84, uponmotion received and filed. Buol moved adoption of Resolution No. 78- 03 Accepting improvement and --Resolution No. 79-03 Approving final estimate. Seconded by Nicholson. Motion carried 7-0. Five Flags Theater - Replace East Doors Project - Acceptance: City Manager rec- ommending acceptance of the Five Flags Theater - Replace East Doors Project in the final contract amount of $29,307, upon motion received and filed. Buol moved adoption of Resolution No. 80-03 Accepting improvement and Resolution No. 81-03 Approving final estimate. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed. Buol moved adoption of Resolution No. 82- ,03 Accepting improvement and Resolution No. 83-03 Approving final estimate. Seconded by Nicholson. Motion carried 7-0. 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, upon motion received and filed. Buol moved adoption of Resolution No, 84-03 Approving the Plat of Survey of Lot 1 and Lot 2 of Canfield Place No. 2. Seconded by Nicholson. .Motion carried 7-0. Gassman Quarry - Final Plat: Zoning Advisory Commission recommending approval of the final plat of Lot 1 of the SE 1/4, NE 1/4 and Lot 2 of the NE 1/4, SE 1/4• of Section 7, T88R2E of Gassman Quarry, located at the comer of Old Massey Road and Highway 52 in Dubuque -County, as requested by Bob Miller/ Mildred and Robert Gassman, upon motion received and filed. Buol moved adoption of Resolution No. 85- 03 Approving the final plat of Lot 1 of the SE 1A, NE 1/4 and Lot 2 of the NE 1/4, SE 1/4 of Section 7, T88R3E. Seconded by Nicholson. Motion carried 7- 0. Priorities and Requests for Federal Financial Assistance: City Manager recommending approval of the City's updated Priorities and Requests for Federal Financial Assistance, upon motion received and filed and approved. HMS Preferred Health Choices: City Manager recom- mending that certain designat- ed agents of the City be autho- rizgd to make withdrawals from a specialized bank account for self -insured health benefits used to pay Medical and dis- ability expenses, upon motion received and filed. Buol moved adoption of Resolution No. 86- 03 Authorizing certain desig- nated agents of the City of Dubuque limited authorization to execute withdrawals on behalf of the City of Dubuque, 'Iowa. Seconded by Nicholson. Motion carried 7-0. 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, upon motion • received and filed and set hear- ing for April 7, 2003 at a meet- ,.., to , nmmenne at 6:30 P.M. Home Loan Bank of Des Moines for Affordable Housing Program funds. Seconded by Nicholson. Motion carried 7-0. 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 prop- erties, including relocation assistance to property owners and demolition of structures, as described in the grant agree- ment with the Iowa Emergency Management Division, upon motion received and filed and approved Plan and Contract. 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, upon motion received and filed. 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 hos- pitality extended to the four international participants living with host families in the Dubuque area, upon motion received and filed. Civil Service Commission: Civil Service Commission sub- mitting the certified list for the ,position of Parking Meter Checker, upon motion received and filed and made a matter of record. 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, upon motion received and filed. Voluntary Annexations: Communication from the City Manager to area State Representatives requesting their opposition to HF 196 regarding voluntary 80/20 annexations, upon motion . received and filed. Request to Vacate: Communication from Steven Schmitz and Michael White requesting that the City vacate a public utility easement locat- ed on Lot 4 in Plaza Court Subdivision, upon motion received and filed and referred to the City Manager. r Business Licenses: Buol moved adoption of Resolution No. 88-03 Granting the issuance of a Class "C" Beer/ Liquor License to West Dubuque Tap and the Ground Round Restaurant. Seconded by Nicholson. Motion carried 7 0. ITEM TO BE SET FOR f PUBLIC HEARING Fiber Optic Connection between City ,Network and the Port of Dubuque - Initiate: City Manager recommending initia- tion of the public bidding process for the fiber optic con- nection between Fourth and Iowa Streets and the Port of Dubuque and that a public ,hearing be set for April 21,• 2003, upon motion received and filed. Markham moved adoption of Resolution No. 89- 03 Preliminary approval of plans and specifications; Resolution No. 90-03 Setting date of hearing on plans and specifications for 4/21/03 at a meeting to commence at 6:30 P.M. in the public library audi- torium and that the City Clerk publish notice in the manner prescribed by law; and Resolution No. 91-03 Ordering bids. Seconded by Cline. Motion carried 7-0. BOARDS/COMMISSIONS Appointments to the following Boards/ Commissions: Historic Preservation Commission (One unexpired three-year term rep- resenting the Old Main District through 7/1/05 and one unex- pired three-year term repre- senting the Jackson Park District through 7/1/04): Applicant: Mary Loney Bichell (Jackson Park District). Upon motion Mary Loney Bichell appointed to the unexpired three year term which will expire 7/1/04. Housing Commission (One unexpired three-year term through 8/17/04): Applicant: Joseph Suarez. Upon motion Joseph Suarez appointed to the unexpired term which will expire 8/17/04. Zoning Board of Adjustment (One five-year term through 3/25/08 - term of Urell): Applicant: Jim Urell. Upon motion Jim Urell reappointed to a five year term which will expire 3/25/08. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to speak. 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 recom- mending approval, with condi- tions, upon motion received and filed. Tom Zalaznik, as owner of the property, spoke requesting the rezoning. Ordinance No. 17-03 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property pertaining To me 11Intl mnn use of portable classrooms at Hillcrest Family Services, pre- sented and read. Michalski moved that the requirement" that a proposed Ordinance be' considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and fur ther moved final consideration and passage of the Ordinance. Seconded by Nicholson. • Motion carried 7-0. Vacating Request - Alley Between Bryant and Ramona Streets: Proof of publication ori. 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, upon: motion received and filed.: Cline moved adoption of Resolution No. 92-03 ' Disposing of City interest in Lot, 1A and Lot 3A in Columbia Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Nicholson. Motion carried 7-0. Mediacom Franchise Extension: Proof of publication _ on notice of hearing to consid- er an additional short-term extension through June 30, 2003 of the existing Mediacom _ cable franchise and site agree- ments under the terms current- ly in effect and City Manager. recommending approval, upon' motion received and filed. Ordinance No. 19-03 Extending the term of the exist- ing cable franchise agreement and hub site lease of MCClowa, L.L.C. to June 30, 2003, presented and read. Buoy moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and fur- ther moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Camegie Stout Public Library Roof Replacement Project , Proofs of publication on notice of hearing on plans and specifi-. cations 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, upon - motion received and filed. Cline moved adoption of Resolution No. 93-03 Adopting plans and specifications for the project and Resolution No. 94-03 Awarding contract to Jim Giese , Commercial Roofing. Seconded by Connors. Motion. carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Pothoff Place No. 2 - Preliminary Plat: Zoning. Advisory Commission recom- mending approval of the pre- liminary 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, upon motion received and filed and approved, as amended to a 22 feet roadway. Frank Pothoff spoke and requested that the 26' road width be waived and go to 22 feet. Wertzberger Acres No. 2 -' Preliminary Plat: Zoning Advisory Commission recom- mending approval of the pre- liminary plat of Wertzberger - Acres No. 2, located at 9773 Katie Cove in Dubuque County; as requested by Walter Wertzberger, upon motion received and filed anti approved recommendation. ' Golf Course Renovation Master Plan: City Manager rec'' ommending approval of the hir ', ing of Gill Miller Golf Coursg,, Architects, Inc. to conduct a - renovation study and develop a - master plan for the Bunker Hill Golf Course, upon motion received and filed and approved recommendation. ' Old Mill Road Property Purchase: City Manager rec- ommending approval to pro- ceed with closing on the pur= chase 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 prop7 erties on March 14, 2003, upon motion received and filed and- . approved recommendation. 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, upon motion received and filed and . approved recommendation. Bluff Land Protection Measures: City Manager sub-. miffing information regarding'' Bluff Land Protection Measures, upon motion this- item tabled to the 4/21/03• '` Council Meeting. At 7:27 P.M. upon motion it - was resolved to go into Closed Session re: Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) 2001 Code of Iowa. At 7:45 P.M. Council recon- vened stating Staff had beery- given proper direction. There being no further busi ness, upon motion meeting adjoumed at 7:46 P.M. /s/ Jeanne F. Schneider, CMC City Clerk STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Sherri A. Yutzy, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 27, 2003, and for which the charge is $170.54. Subscribed to before me a Notary Public in and for Dubuque County, Iowa, this a1-, day of 1 /7/Arsi e, , 20 08 . Notary Public in and for Dubuque County, Iowa. MARY E. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2005