3 17 03 minutes this meetingCITY 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 session of the City Council called for
the purpose of discussing such matters which may properly 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 recommending 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 recommending acceptance of the Hotel/Conference Center Parking Lots and Fifth
Street Construction Project in the final contract amount of $1,149,073.84, upon motion received
and filed. Buol moved adoption of Resolution No. 78A-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 recommending
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
1
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 corner
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 ¼, NE ¼ and Lot 2 of the NE ¼, SE ¼ of Section 7, T88R2E of
Gassman Quarry, located at the corner 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
¼, NE ¼ and Lot 2 of the NE ¼, SE ¼ 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 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, upon motion received and filed.
Buol moved adoption of Resolution No. 86-03 Authorizing certain designated 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 hearing for April 7, 2003 at a meeting to
commence at 6:30 P.M. in the public library auditorium.
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, upon motion
received and filed.
Iowa Department of Transportation: Notice from the Iowa Department of Transportation
regarding 2003 public input meetings, upon motion received and filed.
2
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, upon motion received and filed.
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, upon motion received and filed. Buol
moved adoption of Resolution No. 87-03 Authorizing sponsorship of an application to the
Federal 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
properties, including relocation assistance to property owners and demolition of structures, as
described in the grant agreement 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 hospitality 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 submitting 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 located on Lot 4 in Plaza Court Subdivision, upon
motion received and filed and referred to the City Manager.
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.
3
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
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 auditorium 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 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). 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 recommending approval, with conditions,
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 located along the north
side of Crescent Ridge Road from AG Agricultural District to CS Commercial Service and
Wholesale District, with conditions, presented and read. Buol 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 further moved final
consideration and passage of the Ordinance. Seconded by Cline. Motion carried 7-0.
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, upon motion received and filed.
Gary Gansemer, of Hillcrest Family Services, spoke requesting the rezoning.
4
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, presented 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 further 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 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, 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 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, upon motion received and filed. Ordinance No. 19-03 Extending the term of the
existing cable franchise agreement and hub site lease of MCCIowa, 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 passage at two Council Meetings prior to the meeting at which it is
to be finally passed be suspended and further moved final consideration and passage of the
Ordinance. Seconded by Nicholson. Motion carried 7-0.
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 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 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,
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 recommending
approval of the preliminary 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.
5
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, upon motion received and filed and approved recommendation.
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, 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 submitting 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 reconvened stating Staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 7:46 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 3/26
6