Council Proceeding September 03 Regular Session, September 2, 2003 265
DUBUQUE
read. Buol moved that the claims and suits be
received and filed and referred to the Legal Staff
CITY COUNCIL
for investigation and report. Seconded by
OFFICIAL
Markham. Motion carried 7-0.
PROCEEDINGS
Corporation Counsel advising that the
City Council, Regular Session, Tuesday,
following claim has been referred to Public Entity
September 2, 2003
Risk Services of Iowa, the agent for the Iowa
Council met in Regular Session at 6:30 P.M. in
Communities Assurance Pool: Cassie Maiden
the Library Auditorium
for personal injury, presented and read. Buol
moved that the communication be received and
Present: Mayor Duggan, Council Members
filed and concurred. Seconded by Markham.
Buol, Cline, Connors, Markham, Michalski,
Motion carried 7-0.
Nicholson, City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl
Corporation Counsel recommending
settlement of the claim of Gerald Brimeyer for
Mayor Duggan read the call and stated this is
vehicle damage and of Ronald Huntington for
a regular session of the City Council called for
vehicle damage and directing the Finance
the purpose of discussing such matters which
Director to issue payment, presented and read.
may properly come before the City Council.
Buol moved that the communications be
received and filed and concurred. Seconded by
Invocation was given by Reverend Kristian
Markham. Motion carried 7-0.
Kincaid, Our Redeemer Lutheran Church.
City of Asbury – Voluntary Annexation
Proclamation: Dragon Boat Festival Days
Request Notice: Notification from the City of
(September 6 and 7, 2003) received by Jean
Asbury that a public hearing will be conducted
McCallum.
on September 5, 2003 on various voluntary
annexation requests, presented and read. Buol
Presentations: Audubon School Appreciation
moved that the communication be received and
Poster presented by Walt Pregler of the
filed. Seconded by Markham. Motion carried 7-
Community Development Advisory Commission
0.
and Kay Helbing, Principal of Audubon School;
National Mississippi River Museum and
Amendment to Collective Bargaining
Aquarium Grand Opening Commemorative Print
Agreement with Professional Firefighter’s
presented by Jerry Enzler of the Dubuque
Association: City Manager recommending
County Historical Society.
approval of an amendment to the agreement
between the City of Dubuque and the Dubuque
CONSENT ITEMS
Professional Firefighter’s Association, Local
#353, presented and read. Buol moved that
Minutes and Reports Submitted: Airport
the communication be received and filed and
Commission of 7/28; City Council of 8/18, 8/19,
approved recommendation. Seconded by
and 8/21; Community Development Advisory
Markham. Motion carried 7-0.
Commission of 6/25; Downtown Planning
Committee of 8/18; Electrical Code Board of 8/4;
Brewery Rehabilitation Project: City Manager
Housing Commission of 7/22; Housing Code
recommending approval of a resubmittal of
Board of Appeals of 7/15; Human Rights
combined notice of finding of no significant
Commission of 7/14; Library Board of 6/18 and
impact on the environment and notice of intent
6/26; Zoning Advisory Commission of 8/7,
to request release of funds for the Brewery
presented and read. Buol moved that the
Rehabilitation Project, presented and read. Buol
minutes be received and filed. Seconded by
moved that the communication be received and
Markham. Motion carried 7-0.
filed. Seconded by Markham. Motion carried 7-
0.
Proof of publication of City Council
Proceedings of 8/4, presented and read. Buol
RESOLUTION NO. 296-03
moved that the proof be received and filed.
A RESOLUTION AUTHORIZING PUBLICA-
Seconded by Markham. Motion carried 7-0.
TION OF A COMBINED NOTICE OF FINDING
OF NO SIGNIFICANT IMPACT ON THE
Notice of Claims/Suits: Elizabeth A. Fuerst vs.
ENVIRONMENT AND NOTICE OF INTENT TO
City of Dubuque; Brent Garbett for vehicle
REQUEST RELEASE OF FUNDS FOR THE
damage; Ronald Huntington for vehicle damage;
BREWERY REHABILITATION PROJECT.
Cassie Maiden for personal injury; Valerie A.
Whereas, the City of Dubuque entered into a
McNally for vehicle damage, presented and
Community Development Block Grant
266 Regular Session, September 2, 2003
Agreement with the U.S. Department of Housing responsibilities for review, decision making, and
and Urban Development, providing for financial action assumed and carried out by the City of
assistance to the City under Title I of the Dubuque as to environmental issues.
Housing and Community Development Act of Section 5. That the Mayor of the City of
1974, as amended; and Dubuque is hereby authorized to consent
Whereas, pursuant to the rules and regulations personally, in his official capacity and on behalf
as promulgated by the U.S. Department of of the City of Dubuque, to accept the jurisdiction
Housing and Urban Development, an of the federal courts if an action is brought to
environmental review has been processed for enforce responsibilities in relation to
the Brewery Rehabilitation Project; and environmental review, decision-making and
Whereas, based on said environmental review, action.
the Department of Housing and Community Section 6. That the Mayor of the City of
Development has determined that said project Dubuque be and he is hereby authorized and
will have no significant impact on the directed to execute a certification pertaining to
environment; and the environmental review procedures.
nd
Whereas, a combined notice of "Finding of No Passed, approved and adopted this 2 day of
Significant Impact on the Environment" and of September, 2003.
"Intent to Request Release of Funds" for said Terrance M. Duggan, Mayor
project will be sent by regular mail to various Attest: Jeanne F. Schneider, City Clerk
federal, state and local public agencies; to the Buol moved adoption of the Resolution.
appropriate Regional Office of the Seconded by Markham. Motion carried 7-0.
Environmental Protection Agency, to the HUD
Area Office and to the local news media, Voluntary Annexation Agreement from Marilyn
individuals and groups known to be interested Blake: City Manager submitting a voluntary
and believed to be appropriate to receive such a annexation agreement received from Marilyn
notice; and Blake, presented and read. Buol moved that the
Whereas, any and all comments received as a communication be received and filed. Seconded
result of such notice will be duly considered by Markham. Motion carried 7-0.
before proceeding with a Request for Release of
Funds and Certification. Fiscal Year 2004 Annual Action Plan –
NOW, THEREFORE, BE IT RESOLVED BY Amendment #1: City Manager recommending
THE CITY COUNCIL OF THE CITY OF approval of an amendment to the City’s Fiscal
DUBUQUE, IOWA: Year 2004 Annual Action Plan related to the
Section 1. That the City Clerk be and is hereby budgetary shortfall, presented and read. Buol
authorized and directed to publish a combined moved that the communication be received and
Notice of Finding of No Significant Impact on the filed. Seconded by Markham. Motion carried 7-
Environment and Notice of Intent to Request 0.
RESOLUTION NO. 297-03
Release of Funds for the Brewery Rehabilitation
RESOLUTION APPROVING AMENDMENT 1
Project and to make the Environmental Review
TO THE FISCAL YEAR 2004 (PROGRAM
Record for said project available for public
YEAR 2003) ANNUAL ACTION PLAN FOR
inspection and comment until 8:00 am on
COMMUNITY DEVELOPMENT BLOCK
September 22, 2003. Such notice shall be in the
GRANT FUNDS
form of Exhibit "A" attached hereto and made a .
part hereof. Whereas, the City of Dubuque has prepared
Section 2. That the environmental review and filed with the U.S. Department of Housing
record for the project shall be placed on file in and Urban Development an Annual Plan for
the Office of the City Clerk where said record Fiscal Year 2004 (Program Year 2003), and
may be examined and copied by any interested Whereas, the City now desires to amend said
party. FY 2004 Annual Plan to allocate funds as per
Section 3. That the Mayor of the City of the attached Exhibit A; and
Dubuque is hereby authorized and directed to Whereas, said amendment is a non-
submit to the U.S. Department of Housing and substantial amendment as provided in the City's
Urban Development fifteen (15) days after Citizen Participation Plan and must therefore be
publication of appropriate notice a Request for approved by resolution of the City Council after
Release of Funds to undertake the said project. review by the Community Development Advisory
Section 4. That the Mayor of the City of Commission; and
Dubuque is hereby authorized to consent to Whereas, the Community Development
assume the status of a responsible federal Advisory Commission reviewed the proposed
official under the National Environmental amendment on June 25 2003 and August 13,
Protection Act, insofar as the provisions of the 2003 and voted to approve said amendment
said Act apply to the U.S. Department of and to recommend approval by the City Council.
Housing and Urban Development
Regular Session, September 2, 2003 267
NOW THEREFORE, BE IT RESOLVED BY communication be received and filed. Seconded
THE CITY COUNCIL OF THE CITY OF by Markham. Motion carried 7-0.
DUBUQUE, IOWA:
Section 1. That Amendment 1 to the Fiscal City Manager Employment Agreement:
Year 2004 (Program Year 2003) Annual Plan for Submittal of the Twelfth Amendment to the City
the Community Development Block Grant Manager’s Employment Agreement for approval,
(CDBG) program hereto attached as Exhibit A is presented and read. Buol moved that the
hereby approved. communication be received and filed and
Section 2. That the City Manager is hereby approved the Agreement. Seconded by
authorized and directed to submit a copy of this Markham. Motion carried 7-0.
resolution to the U. S. Department of Housing
and Urban Development. Certified Local Government Grant – Phase V
Passed, approved and adopted this 2nd day of Architectural / Historic Survey: Historic
September, 2003. Preservation Commission recommending
Terrance M. Duggan, Mayor approval of the submission of an application to
Attest: Jeanne F. Schneider, City Clerk the State Historic Preservation Office (SHPO)
Buol moved adoption of the Resolution. for a Certified Local Government (CLG) grant to
Seconded by Markham. Motion carried 7-0. conduct Phase V of the architectural/historic
survey of the community, presented and read.
Confined Space Fee: City Manager Buol moved that the communication be received
recommending approval of a fee for confined and filed. Seconded by Markham. Motion
space rescue service of $500 per year for each carried 7-0.
facility with a confined space rescue agreement
RESOLUTION NO. 299-03
with the City of Dubuque, presented and read.
RESOLUTION AUTHORIZING THE SUBMIS-
Buol moved that the communication be received
SION OF AN APPLICATION FOR CERTIFIED
and filed. Seconded by Markham. Motion
LOGAL GOVERNMENT (CLG) PROGRAM
carried 7-0.
FUNDING TO CONDUCT PHASE V OF THE
RESOLUTION NO. 298-03 ARCHITECTURAL / HISTORIC SURVEY
ESTABLISHING THE ANNUAL FEE FOR
Whereas, the State Historical Society of Iowa
CONFINED SPACE RESCUE SERVICES
has announced the availability of Certified Local
Whereas, The Confined Space Standard under Government Program (CLG) grant funds; and
the Occupational Safety and Health Act requires Whereas, the evaluation and survey of
facilities having confined spaces to provide on-properties are eligible activities for CLG funding;
site or off-site rescue service; and and
Whereas, some facilities in the City of Whereas, the State Historical Society has
Dubuque intend to utilize the Dubuque Fire advised that an architectural/historic survey is
Department as their off-site rescue service; and necessary for the renewal of a Memorandum of
Whereas, rescue service requires additional Agreement between the State and City for the
preparation, planning and training of the Fire purposes of conducting local Section 106
Department’s technical rescue team. reviews; and
NOW, THEREFORE, BE IT RESOLVED BY Whereas, the City of Dubuque Historic
THE CITY COUNCIL OF THE CITY OF Preservation Commission has reviewed and
DUBUQUE, IOWA: endorsed the proposed Phase V of the
Section 1. The fee for confined space rescue architectural/historic survey.
service is established as $500.00 per year for NOW THEREFORE, BE IT RESOLVED BY
each facility with a confined space rescue THE CITY COUNCIL OF THE CITY OF
agreement with the City of Dubuque. DUBUQUE, IOWA:
Section 2. This fee schedule shall take effect Section 1. That the submission of an
on July 1, 2003. application for CLG funds to conduct Phase V of
Passed, approved and adopted this 2nd day of the architectural/historic survey is hereby
September, 2003. authorized.
Terrance M. Duggan, Mayor Section 2. That the Planning Services
Attest: Jeanne F. Schneider, City Clerk Manager is hereby authorized to sign the
Buol moved adoption of the Resolution. contract with and submit requests for
Seconded by Markham. Motion carried 7-0. reimbursements to the State Historical Society
of Iowa for CLG funds to conduct Phase V of the
Asbury Plaza Drainage/Soil Erosion Issue: architectural/historic survey.
Communication from Werner Hellmer regarding Section 3. That the Planning Services
the Asbury Plaza Drainage/Soil Erosion Issue, Manager is authorized to utilize budgeted
presented and read. Buol moved that the Community Development Block Grant Funds to
provide the required local match if the CLG
268 Regular Session, September 2, 2003
application is approved by the State Historical Terrance M. Duggan, Mayor
Society of Iowa. Attest: Jeanne F. Schneider, City Clerk
Section 4. That the City of Dubuque agrees to Buol moved adoption of the Resolution.
abide by all local, state and federal requirements Seconded by Markham. Motion carried 7-0.
applicable to the proposed project.
nd
Passed, approved and adopted this 2 day of Deployed Soldiers: Council Member Nicholson
September, 2003. submitting a picture of deployed soldiers holding
Terrance M. Duggan, Mayor the Dubuque flag, presented and read. Michalski
Attest: Jeanne F. Schneider, City Clerk moved that the communication be received and
Buol moved adoption of the Resolution. filed. Seconded by Connors. Motion carried 7-
Seconded by Markham. Motion carried 7-0. 0.
Certified Local Government Grant – Historic Business Licenses:
Preservation Symposium: Historic Preservation
RESOLUTION NO. 301-03
Commission recommending approval of the
submission of an application to the State Historic NOW, THEREFORE, BE IT RESOLVED BY
Preservation Office (SHPO) for a Certified Local THE CITY COUNCIL OF THE CITY OF
Government (CLG) grant to conduct an historic DUBUQUE, IOWA:
preservation symposium, presented and read. That the following having complied with the
Buol moved that the communication be received provisions of law relating to the sale of
and filed. Seconded by Markham. Motion Cigarettes within the City of Dubuque, Iowa, be
carried 7-0. granted a permit to sell Cigarettes and Cigarette
Papers within said City.
RESOLUTION NO. 300-03
NEW
RESOLUTION AUTHORIZING THE SUBMIS-
JMS Investments Clark
SION OF AN APPLICATION FOR CERTIFIED
700 Rhomberg Ave
nd
LOGAL GOVERNMENT (CLG) PROGRAM
Passed, approved and adopted this 2 day of
FUNDING TO CONDUCT AN HISTORIC
September, 2003.
PRESERVATION SYMPOSIUM.
Terrance M. Duggan, Mayor
Whereas, the State Historical Society of Iowa Attest: Jeanne F. Schneider, CMC, City Clerk
has announced the availability of Certified Local Buol moved adoption of the Resolution.
Government Program (CLG) grant funds; and Seconded by Markham. Motion carried 7-0.
Whereas, public education workshops,
RESOLUTION NO. 302-03
conferences, and meetings are eligible activities
for CLG funding; and NOW, THEREFORE, BE IT RESOLVED BY
Whereas, the City of Dubuque Historic THE CITY COUNCIL OF THE CITY OF
Preservation Commission has reviewed and DUBUQUE, IOWA:
endorsed the proposed historic preservation That the following having complied with the
symposium. provisions of law relating to the sale of
NOW THEREFORE, BE IT RESOLVED BY Cigarettes within the City of Dubuque, Iowa, be
THE CITY COUNCIL OF THE CITY OF granted a permit to sell Cigarettes and Cigarette
DUBUQUE, IOWA: Papers within said City.
Section 1. That the submission of an RENEWAL
application for CLG funds to conduct an historic Jumpers Sports Bar/Grill Jumpers Sports Bar
preservation symposium is hereby authorized. / Grill 2600 Dodge St
nd
Section 2. That the Planning Services Passed, approved and adopted this 2 day of
Manager is hereby authorized to sign the September, 2003.
contract with and submit requests for Terrance M. Duggan, Mayor
reimbursements to the State Historical Society Attest: Jeanne F. Schneider, CMC, City Clerk
of Iowa for CLG funds to conduct an historic Buol moved adoption of the Resolution.
preservation symposium. Seconded by Markham. Motion carried 7-0.
Section 3. That the Planning Services
RESOLUTION NO. 303-03
Manager is authorized to utilize budgeted
Community Development Block Grant Funds to Whereas, applications for Beer Permits have
provide the required local match if the CLG been submitted and filed to this Council for
application is approved by the State Historical approval and the same have been examined
Society of Iowa. and approved: and
Section 4. That the City of Dubuque agrees to Whereas, the premises to be occupied by
abide by all local, state and federal requirements such applicants were inspected and found to
applicable to the proposed project. comply with the Ordinances of the City and have
nd
Passed, approved and adopted this 2 day of filed proper bonds.
September, 2003.
Regular Session, September 2, 2003 269
NOW, THEREFORE, BE IT RESOLVED BY process for the Port of Dubuque Parking Lot
THE CITY COUNCIL OF THE CITY OF Renovation and Resurfacing Project and setting
DUBUQUE, IOWA: a public hearing for October 6, 2003, presented
That the Manager be authorized to cause to be and read. Cline moved that the
issued the following named applicants a Beer communication be received and filed. Seconded
Permit. by Nicholson. Motion carried 7-0.
CLASS “C” BEER PERMIT
RESOLUTION NO. 305-03
Family Mart, Inc. Family Mart+
PRELIMINARY APPROVAL OF
(Sunday Sale) 3201 Central
PLANS AND SPECIFICATIONS
Rainbo Oil Company Kwik Stop Food Mart+
(Sunday Sale) 2255 Kerper NOW THEREFORE, BE IT RESOLVED BY
Rainbo Oil Company Kwik Stop Food Mart+ THE CITY COUNCIL OF THE CITY OF
(Sunday Sale) 2360 Central DUBUQUE, IOWA:
Mulgrew Oil Company Asbury AMOCO+ That the proposed plans, specifications, form
(Sunday Sale) 3300 Asbury of contract and estimated cost for the Port of
JMS Investments LLC Clark+ Dubuque Parking Lot Renovation & Resurfacing
(Sunday Sale) 700 Rhomberg Project, in the estimated amount $558,364.28
Passed, approved and adopted this 2nd day of are hereby approved and ordered filed in the
September, 2003. office of the City Clerk for public inspection.
nd
Terrance M. Duggan, Mayor Passed, adopted and approved this 2 day of
Attest: Jeanne F. Schneider, CMC, City Clerk September, 2003.
Buol moved adoption of the Resolution. Terrance M. Duggan, Mayor
Seconded by Markham. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
RESOLUTION NO. 304-03
Seconded by Nicholson. Motion carried 7-0.
Whereas, applications for Liquor Licenses
RESOLUTION NO. 306-03
have been submitted to this Council for approval
FIXING DATE OF HEARING
and the same have been examined and
ON PLANS AND SPECIFICATIONS
approved; and
Whereas, the premises to be occupied by such Whereas, the City Council of the City of
applicants were inspected and found to comply Dubuque, Iowa has given its preliminary
with the State Laws and all City Ordinances approval on the proposed plans, specifications,
relevant thereto and they have filed proper and form of contract and placed same on file in
bonds. the office of the City Clerk for public inspection
NOW, THEREFORE, BE IT RESOLVED BY of the Port of Dubuque Parking Lot Renovation
THE CITY COUNCIL OF THE CITY OF & Resurfacing Project.
DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED BY
That the Manager be authorized to cause to be THE CITY COUNCIL OF THE CITY OF
issued the following named applicants a Liquor DUBUQUE, IOWA:
th
License. That a public hearing will be held on the 6
SPECIAL CLASS “C” LIQUOR day of October, 2003, at 6:30 p.m. in the Public
Legion-Aires Drum & Bugle Corp Library Auditorium at which time interested
Colts Community Center+ persons may appear and be heard for or against
(Sunday Sale) 1101 Central the proposed plans and specifications, form of
CLASS B (WINE) PERMIT contract and cost of said improvement, and the
Family Mart, Inc Family Mart City Clerk be and is hereby directed to cause a
3201 Central notice of time and place of such hearing to be
CLASS “B” NATIVE WINE PERMIT published in a newspaper having general
Amy Boynton The Mandolin Inn circulation in the City of Dubuque, Iowa, which
199 Loras notice shall be not less than four days nor more
Passed, approved and adopted this 2nd day of than twenty days prior to the day fixed for its
September, 2003. consideration. At the hearing, any interested
Terrance M. Duggan, Mayor person may appear and file objections to the
Attest: Jeanne F. Schneider, CMC, City Clerk proposed plans, specifications, contract, or
Buol moved adoption of the Resolution. estimated cost of the improvement.
nd
Seconded by Markham. Motion carried 7-0. Passed, adopted and approved this 2 day of
September, 2003.
ITEMS TO BE SET FOR PUBLIC HEARING
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Port of Dubuque Parking Lot Renovation and Cline moved adoption of the Resolution setting
Resurfacing Project – Initiate: City Manager hearing for 10/6/03 at a meeting to commence at
recommending initiation of the public bidding 6:30 P.M. in the public library auditorium and
270 Regular Session, September 2, 2003
that the City Clerk publish notice in the manner ordered filed in the office of the City Clerk for
prescribed by law. Seconded by Nicholson. public inspection.
nd
Motion carried 7-0. Passed, adopted and approved this 2 day of
September, 2003.
RESOLUTION NO. 307-03
Terrance M. Duggan, Mayor
ORDERING BIDS
Attest: Jeanne F. Schneider, CMC, City Clerk
NOW THEREFORE, BE IT RESOLVED BY Cline moved adoption of the Resolution.
THE COUNCIL OF THE CITY OF DUBUQUE, Seconded by Nicholson. Motion carried 7-0.
IOWA:
RESOLUTION NO. 309-03
That the Port of Dubuque Parking Lot
FIXING DATE OF HEARING
Renovation & Resurfacing Project is hereby
ON PLANS AND SPECIFICATIONS
ordered to be advertised for bids for
construction. Whereas, the City Council of the City of
BE IT FURTHER RESOLVED, that the amount Dubuque, Iowa has given its preliminary
of the security to accompany each bid shall be in approval on the proposed plans, specifications,
an amount which shall conform to the provisions and form of contract and placed same on file in
of the Notice to Bidders hereby approved as a the office of the City Clerk for public inspection
part of the plans and specifications heretofore of the Carter Road Detention Basin Project.
adopted. NOW THEREFORE, BE IT RESOLVED BY
That the City Clerk is hereby directed to THE CITY COUNCIL OF THE CITY OF
advertise for bids for the construction of the DUBUQUE, IOWA:
th
improvements herein provided, to be published That a Public Hearing will be held on the 6
in a newspaper having general circulation in the day of October, 2003, at 6:30 p.m. in the Public
City of Dubuque, Iowa, which notice shall not be Library Auditorium at which time interested
less than four days nor more than forty-five days persons may appear and be heard for or against
prior to the receipt of said bids at 2:00 p.m. on the proposed plans and specifications, form of
th
the 25 day of September, 2003. Bids shall be contract and cost of said improvement, and the
opened and read by the City Clerk at said time City Clerk be and is hereby directed to cause a
and will be submitted to the Council for final notice of time and place of such hearing to be
th
action at 6:30 p.m. on the 6 day of October, published in a newspaper having general
2003. circulation in the City of Dubuque, Iowa, which
Passed, adopted and approved this 2nd day of notice shall be not less than four days nor more
September, 2003. than twenty days prior to the day fixed for its
Terrance M. Duggan, Mayor consideration. At the hearing, any interested
Attest: Jeanne F. Schneider, CMC, City Clerk person may appear and file objections to the
Cline moved adoption of the Resolution. proposed plans, specifications, contract, or
Seconded by Nicholson. Motion carried 7-0. estimated cost of the improvement.
nd
Passed, adopted and approved this 2 day of
Carter Road Detention Basin Construction September, 2003.
Project – Initiate: City Manager recommending Terrance M. Duggan, Mayor
initiation of the public bidding process for the Attest: Jeanne F. Schneider, CMC, City Clerk
Carter Road Detention Basin Construction Cline moved adoption of the Resolution setting
Project and setting a public hearing for October hearing for 10/6/03 at a meeting to commence at
6, 2003 and approval of a letter to the Iowa 6:30 P.M. in the public library auditorium and
Department of Natural Resources asking for an that the City Clerk publish notice in the manner
“out-of-order” review of the plans and prescribed by law. Seconded by Nicholson.
specifications for the project, presented and Motion carried 7-0.
read. Cline moved that the communications be
RESOLUTION NO. 310-03
received and filed. Seconded by Nicholson.
ORDERING BIDS
Motion carried 7-0.
NOW THEREFORE, BE IT RESOLVED BY
RESOLUTION NO. 308-03
THE COUNCIL OF THE CITY OF DUBUQUE,
PRELIMINARY APPROVAL OF
IOWA:
PLANS AND SPECIFICATIONS
That the Carter Road Detention Basin Project
NOW THEREFORE, BE IT RESOLVED BY THE is hereby ordered to be advertised for bids for
CITY COUNCIL OF THE CITY OF DUBUQUE, construction.
IOWA: BE IT FURTHER RESOLVED, that the amount
That the proposed plans, specifications, form of the security to accompany each bid shall be in
of contract and estimated cost for the Carter an amount which shall conform to the provisions
Road Detention Basin Project, in the estimated of the Notice to Bidders hereby approved as a
amount $1,105,849.00 are hereby approved and part of the plans and specifications heretofore
adopted.
Regular Session, September 2, 2003 271
That the City Clerk is hereby directed to Whereas, pursuant to resolution and published
advertise for bids for the construction of the notice of time and place of hearing, published in
improvements herein provided, to be published the Telegraph Herald, a newspaper of general
in a newspaper having general circulation in the circulation published in the City of Dubuque,
nd
City of Dubuque, Iowa, which notice shall not be Iowa on this 22 day of August, 2003, the City
less than four days nor more than forty-five days Council of the City of Dubuque, Iowa met on the
nd
prior to the receipt of said bids at 2:00 p.m. on 2 day of September, 2003, at 6:30 p.m. in the
th
the 30 day of September, 2003. Bids shall be Public Library Auditorium, 360 West 11 Street,
opened and read by the City Clerk at said time Dubuque, Dubuque County, Iowa to consider
and will be submitted to the Council for final the proposal for the sale of real estate described
th
action at 6:30 p.m. on the 6 day of October, as:
2003. Lot 6A of Finley Home Addition in the City of
nd
Passed, adopted and approved this 2 day of Dubuque, Iowa
September, 2003. Whereas, the City Council of the City of
Terrance M. Duggan, Mayor Dubuque, Iowa overruled any and all objections,
Attest: Jeanne F. Schneider, CMC, City Clerk oral or written to the proposal to sell such real
Cline moved adoption of the Resolution. estate, except for easement as noted.
Seconded by Nicholson. Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
BOARDS/COMMISSIONS
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque
Applicants are invited to address the Council real property described as Lot 6A of Finley
regarding their desire to serve on the following Home Addition in the City of Dubuque, Iowa to
Commission: The Finley Hospital be and the same is hereby
HOUSING ADVISORY TRUST FUND approved for the sum of $3,375.00 plus cost of
COMMITTEE (One 3-year term through 9/8/06 – publication, platting and filing fees. Conveyance
Term of Hingtgen) Applicant:Doris M. shall be by Quit Claim Deed.
Hingtgen. No one spoke. Section 2. That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
PUBLIC HEARINGS
City Clerk be and is hereby authorized and
directed to deliver said deed of conveyance to
Michalski moved to suspend the rules to allow The Finley Hospital upon receipt of the purchase
anyone present to speak. Seconded by price in full.
Connors. Motion carried 7-0. Section 3. That the City Clerk be and is hereby
authorized and directed to record a certified
West Fifth Street – Request to Vacate: Proof copy of this resolution in the offices of the City
of publication on notice of hearing to consider a Assessor, Dubuque County Recorder and
request from The Finley Hospital to vacate an Dubuque County Auditor.
nd
alley southwest of West Fifth Street and City Passed, approved and adopted this 2 day of
Manager recommending approval, presented September, 2003.
and read. Markham moved that the proof and Terrance M. Duggan, Mayor
communication be received and filed. Attest: Jeanne F. Schneider, CMC, City Clerk
Seconded by Cline. Motion carried 7-0. Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 311-03
RESOLUTION DISPOSING OF CITY
Fiscal Year 2004 Budget Amendment: Proof
INTEREST IN LOT 6A OF FINLEY HOME
of publication on notice of hearing to consider a
ADDITION IN THE CITY OF DUBUQUE, IOWA
second amendment to the Fiscal Year 2004
budget, presented and read. Cline moved that
the proof of publication be received and filed.
Seconded by Connors. Motion carried 7-0.
No one spoke concerning the proposed budget
amendment.
272 Regular Session, September 2, 2003
.
Cline moved adoption of the Resolution. Sanitary Sewer Connection Ordinance
Seconded by Connors. Motion carried 7-0. Revision and Policy: City Manager
recommending approval of a change to the
Markham moved that the rules be reinstated Sanitary Sewer Connection Ordinance and
limiting discussion to the Council. Seconded by Policy which would give the City Manager the
Cline. Motion carried 7-0. option to exempt a property from the
requirement of connecting to the public sewer if
ACTION ITEMS
the connection were not practical, presented and
read. Buol moved that the communication be
Purchase of Trolley Replicas: City Manager received and filed. Seconded by Connors.
recommending approval of an agreement with Motion carried 7-0.
Optima Bus Corporation to purchase two
American Heritage Streetcars at a total cost of An Ordinance Amending the City of Dubuque
$540,716 to be used for the looped shuttle Code of Ordinances Chapter 44 Section 44-55
service programmed for the Port of Dubuque Abandonment of Private On-Site Sewage
and downtown, presented and read. Cline Treatment and Disposal System upon
moved that the communication be received and Availability of Public Sewer, presented and read.
filed and approved recommendation.
OFFICIAL PUBLICATION
Seconded by Nicholson. Motion carried 7-0.
ORDINANCE NO. 71-03
Don Schadl of Dubuqueland Tour and
AMENDING THE CITY OF DUBUQUE CODE
Shuttle Services, as a small business owner
OF ORDINANCES CHAPTER 44 SECTION 44-
negatively impacted by this, spoke in opposition
55 ABANDONMENT OF PRIVATE ON-SITE
to the purchase.
SEWAGE TREATMENT AND DISPOSAL
Regular Session, September 2, 2003 273
SYSTEM UPON AVAILABILITY OF PUBLIC
Published officially in the Telegraph Herald
th
SEWER
Newspaper the 8 day of September, 2003.
NOW, THEREFORE, BE IT ORDAINED BY /s/Jeanne F. Schneider, CMC, City Clerk
THE CITY COUNCIL OF THE CITY OF 1t 9/8
DUBUQUE, IOWA: Buol moved that the requirement that a
Section 1. The City of Dubuque Code of proposed Ordinance be considered and voted
Ordinances Section 44-55 is hereby amended to on for passage at two Council Meetings prior to
read as follows: the meeting at which it is to be finally passed be
Sec. 44-55. Abandonment Of Private On-Site suspended and further moved final
Sewage Treatment And Disposal System Upon consideration and passage of the Ordinance.
Availability Of Public Sewer: Seconded by Connors. Motion carried 7-0.
When a public sewer is constructed within two Purchase of Service Agreements: City
hundred feet (200') of the property line, the Manager recommending approval of Purchase
building sewer shall be connected to said sewer of Service agreements with Dubuque Area
in accordance with City standards established Labor Management Council ($15,443), Helping
by the City Manager and within three hundred Services of Northeast Iowa ($1,964), Operation:
sixty five (365) days from date of written New View ($16,708), Project Concern – Foster
notification by the City Manager, unless the City Grandparent Program ($5,435), Retired and
Manager for good cause grants an extension Senior Volunteer Program ($7,341), and
from such three hundred sixty five (365) day Substance Abuse Services Center ($12,390),
period which extension shall not be in excess of presented and read. Cline moved that the
the time provided in subsection (b) of this communication be received and filed and
Section, and the private on-site sewage approved recommendation. Seconded by
treatment and disposal system abandoned in Nicholson. Motion carried 7-0.
accordance with subsection (b) of this Section.
However, the property shall not be required to QHQ Rezoning – Request for Direction: City
connect to the public sewer if construction plans Manager requesting City Council direction
for the private on-site sewage treatment and regarding the role of City staff with respect to the
disposal system are available, the system meets QHQ rezoning request west of the Northwest
the provisions of chapter 69 of the Iowa Arterial and east of Samantha Drive, presented
Administrative Code, and the system received a and read.
construction permit from the City Manager prior Council discussed the necessity of bringing
to installation. If the City Manager cannot some conclusion to this continuing rezoning
determine that the system is in compliance with dilemma.
chapter 69 of the Iowa Administrative Code, Cline moved that the applicant, QHQ
connection shall be made to the sanitary sewer Development, and the objecting neighbors meet
in accordance with City standards established with mediators from the City of Dubuque
by the City Manager. Mediation Services to try and come to some
(b) Notwithstanding the foregoing, no private resolution of issues before bringing this issue
on-site sewage treatment and disposal system back to the Council. Seconded by Nicholson.
shall be permitted to operate for more than Motion carried 7-0.
fifteen (15) years, unless otherwise determined Staff was directed to answer questions from
by the City Manager pursuant to standards either party but to do no more or less than they
adopted by the City Manager. At any time the would do for other rezoning issues.
City Manager determines the system is no
longer adequate, connection to the sanitary T-Corp Rockdale Road Development: City
sewer shall be made. Manager requesting City Council direction
Notwithstanding the foregoing, the City regarding the purchase of a second access for
Manager is authorized to exempt a property emergency vehicles for the T-Corp Rockdale
from the requirement of connecting to the public Road Development, presented and read.
sewer if the City Manager determines that such Michalski moved that the communication be
connection would be impracticable due to received and filed and referred this matter to the
peculiar conditions of the property and the Police Chief and Fire Chief to determine when
private on-site sewage treatment and disposal and if an emergency access road would be
system on the property is in compliance with necessary and to have the issue brought back at
chapter 69 of the Iowa Administrative Code. that time. Seconded by Cline. Motion carried 7-
Section 2. This ordinance shall take effect 0.
upon publication.
nd
Passed, approved and adopted this 2 day of National League of Cities: Communication
September, 20013. from the National League of Cities requesting
/s/Terrance M. Duggan, Mayor designation of the City’s voting delegate and
Attest: /s/Jeanne F. Schneider, CMC, City Clerk alternate voting delegate for the NLC Annual
274 Regular Session, September 2, 2003
Business Meeting, presented and read. Cline
moved that the communication be received and
filed and that Council Member Nicholson be
designated as the voting delegate, with no Approved:__________________________2003
alternate named. Seconded by Connors. Motion
carried 7-0. Adopted:___________________________2003
Iowa League of Cities: Communication from
Alan Kemp, Iowa League of Cities, advising that ______________________________________
the initial meeting of the University and College Mayor
City Forum will be held on October 16, 2003 at
Grinnell College, presented and read. Cline ______________________________________
moved that the communication be received and
filed and that Council Member Michalski be ______________________________________
appointed as the City’s representative at the
Forum. Seconded by Connors. Motion carried ______________________________________
7-0.
______________________________________
Police Department Towing Contract (Tabled
on August 4, 2003): Mayor Terry Duggan ______________________________________
requesting that this item be brought back to the
table for Council discussion. Nicholson moved ______________________________________
that this item be removed from the table. Council Members
Seconded by Markham. Motion carried 7-0.
City Manager recommending award of the Attest:
Police Department Towing Contract to both
Wenzel Towing and Burt Steve and Sons ______________________________________
Garage, presented and read. City Clerk
Marie Steve spoke objecting to the process for
this contract.
Jules Wenzel spoke stating that a split contract
would work but would be difficult.
Nicholson moved to reject all bids. Seconded
by Michalski. Motion failed due to the following
vote: Yeas—Nicholson, Michalski. Nays—Buol,
Duggan, Cline, Connors, Markham.
Buol moved to rescind the vote to reject all
bids. Seconded by Markham. Motion carried 7-
0.
Markham moved to receive and file the
communications, reject all bids and refer the
matter back to staff. Seconded by Buol. Motion
carried 7-0.
At 7:53 P.M. Michalski moved to go into
Closed Session - Pending Litigation and
Property Acquisition – Chapter 21.5(1)(c)(j) 2003
Code of Iowa. Seconded by Connors. Motion
carried 7-0.
At 8:17 P.M. Council reconvened Regular
Session stating that proper direction had been
given.
There being no further business, Michalski
moved to adjourn. Seconded by Cline. Motion
carried 7-0. The meeting adjourned at 8:18 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 9/10
Special Session, September 3, 2003 275
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, September 3,
Approved:__________________________2003
2003
Council met in special session at 4:10 p.m. at
Adopted:___________________________2003
Four Mounds
Present: Council Members Buol, Cline,
Connors, Markham, Michalski, Nicholson, City
______________________________________
Manager Michael Van Milligen, Corporation
Mayor
Counsel Barry Lindahl
Mayor Duggan absent at Roll Call but arrived
______________________________________
at 4:20 p.m.
______________________________________
Mayor Pro-Tem Cline read the call and stated
this is a special session of the City Council
______________________________________
called for the purpose of conducting a goal
setting session.
______________________________________
The City Council reviewed the year’s
______________________________________
accomplishments and began to discuss the
goals which had been developed the previous
______________________________________
year to determine what needed to be changed
Council Members
or added to determine the City’s Policy Agenda
for 2003 – 2005.
Attest:
There being no further business, upon
______________________________________
consensus the meeting adjourned at 9:00 p.m.
City Clerk
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 9/10
276 Special Session, September 4, 2003
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, September 4,
2003
Approved:__________________________2003
Council met in special session at 4:00 p.m. at
Four Mounds
Adopted:___________________________2003
Present: Council Members Buol, Cline,
Connors, Markham, Michalski, Nicholson, City
Manager Van Milligen; Corporation Counsel
______________________________________
Lindahl
Mayor
Absent: Mayor Duggan absent at roll call but
arrived at 4:03 p.m.
______________________________________
Mayor Pro-Tem Cline read the call and stated
______________________________________
this is a special session of the City Council
called for the purpose of conducting a goal
______________________________________
setting session.
______________________________________
The City Council reviewed their Policy Agenda
for 2003 – 2005 and identified policy issues and
______________________________________
actions necessary for each targeted goal. The
Council established their Policy Agenda 2003 –
______________________________________
2005 as: Top Priority Action Items – Southwest
Council Members
Arterial, Stormwater Projects, Street Projects,
Zoning Ordinance Update, and Erosion Control
Attest:
Policy and Strategy; High Priority Action Items –
Telecommunications Strategy, Annexation:
______________________________________
Policy and Implementation, Riverfront
City Clerk
Development Projects, Federal Strategy, Five
Flags: Evaluation, Budget: Service Inventory,
Costs of Services, Tax Rate; and Carryover
Priority – Downtown Master Plan:
Implementation.
The City Council established the Management
Agenda for 2003 – 2005 as: Julien Dubuque
Bridge, River Valley Initiative, State Grants,
Industrial Park Development: Next Phase,
Riverfront Master Plan: Implementation, Star
Brewery Lease, Adams Company: Acquisition
and Relocation, CIP – New and Maintenance;
and Major Projects for 2003 – 2004 were
nd
identified as Stormwater: Carter Road and 32
Street Detention Basin Property Acquisition and
Highway 20 Improvement Project.
There being no further business, upon
consensus the meeting adjourned at 8:32 p.m.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 9/10
Regular Session, September 15, 2003 277
property damage; Charles L. Miller for personal
injury; University of Dubuque for property
DUBUQUE
damage, presented and read. Buol moved that
CITY COUNCIL
the claims and suits be referred to the Legal
OFFICIAL
Staff for investigation and report. Seconded by
PROCEEDINGS
Nicholson. Motion carried 7-0.
Corporation Counsel advising that the
City Council, Regular Session, September 15,
following claims have been referred to Public
2003
Entity Risk Services of Iowa, the agent for the
Council met in Regular Session at 6:30 P.M. in
Iowa Communities Assurance Pool: Eric Adler
the Library Auditorium
for personal injury, University of Dubuque for
Present: Mayor Duggan, Council Members
property damage, presented and read. Buol
Buol, Cline, Connors, Markham, Michalski,
moved that the communications be received and
Nicholson, City Manager Michael Van Milligen,
filed and concurred. Seconded by Nicholson.
Corporation Counsel Barry Lindahl
Motion carried 7-0.
Mayor Duggan read the call and stated this is
Corporation Counsel recommending that the
a regular session of the City Council called for
claim of Brent Garbett for vehicle damage be
the purpose of discussing such matters which
referred to Selco, Inc. and that the claim of
may properly come before the City Council.
Steven Bruse for vehicle damage be referred to
Drew Cook & Sons Excavating, Inc., presented
Invocation was given by Alan Garfield,
and read. Buol moved that the communications
President, Temple Beth-El.
be received and filed and concurred. Seconded
by Nicholson. Motion carried 7-0.
Proclamations: Crop Walk Day in Dubuque
(October 5, 2003) received by Wendell Ryder;
Corporation Counsel recommending settle-
and Trick or Treat Night (October 31, 2003)
ment of the claim of Valerie McNally for vehicle
damage and that the Finance Director issue
Marcia Sola introduced Stanley Sampson from
payment, presented and read. Buol moved
the Marshall Islands and Gabriela Vega who are
that the communication be received and filed
representative members of the Immigrants
and concurred and Finance Director to issue
Rights Network (Dubuque Chapter) and who
proper payment. Seconded by Nicholson.
spoke of their homeland and their interest in
Motion carried 7-0.
Dubuque. Police Officer Pablo Ramirez spoke
also.
Citizen Communications: Communications
from residents and property owners on Lower
Minutes and Reports Submitted: Airport
Commission of 8/25; City Council of 9/2, 9/3 and
Main Street in opposition to portions of Main
9/4; Five Flags of 7/21; Housing Commission of
Street and First Street and the First and Second
7/22; Human Rights Commission of 8/18; Park
Street Connector being closed for The Little
and Recreation Commission of 8/12, presented
Dublin’s Irish Fest, presented and read. Buol
and read. Buol moved that the minutes be
moved that the communication be received and
received and filed. Seconded by Nicholson.
filed and referred to the City Manager.
Motion carried 7-0.
Seconded by Nicholson. Motion carried 7-0.
Proofs of publication of Council Proceedings of
Employee Assistance Program Services: City
8/18, 8/19 and 8/21; and List of Claims and
Manager recommending approval of an
Summary of Revenues for month ending July
agreement with Mercy Medical Center to provide
31, 2003, presented and read. Buol moved that
employee assistance services to City of
the proofs be received and filed. Seconded by
Dubuque employees and their family members
Nicholson. Motion carried 7-0.
effective July 1, 2003 through June 30, 2005,
presented and read. Buol moved that the
Finance Director submitting the City of
communication be received and filed and
Dubuque Financial Reports for the month ending
approved recommendation. Seconded by
August 31, 2003, presented and read. Buol
Nicholson. Motion carried 7-0.
moved that the communication and reports be
received and filed. Seconded by Nicholson.
Northwest Arterial Water Main Extension
Motion carried 7-0.
Project – Acceptance: City Manager
recommending acceptance of the Northwest
Notice of Claims/Suits: Eric Adler for personal
Arterial Water Main Extension Project in the final
injury; Steven Bruse for vehicle damage; Mary
contract amount of $891,605.57 as completed
Criss for personal injury; Paula Martens for
278 Regular Session, September 15, 2003
by Tschiggfrie Excavating, presented and read. Improvement Project has been completed and
Buol moved that the communication be received the City’s Consultant I. I. W. Engineers and
and filed. Seconded by Nicholson. Motion Surveyors of Dubuque, Iowa recommend
carried 7-0. acceptance of the project.
NOW, THEREFORE, BE IT RESOLVED BY
RESOLUTION NO. 313-03
THE CITY COUNCIL OF THE CITY OF
ACCEPTING IMPROVEMENT
DUBUQUE, IOWA:
Whereas, the Contract for the Northwest Arterial Section 1. That the recommendation of the
Water Main Extension Improvement Project has City Manager be approved and that said
been completed and the City’s Consultant improvement be accepted.
th
Veenstra & Kimm, Inc., of West Des Moines, Passed, approved and adopted this 15 day of
Iowa recommend acceptance of the project. September, 2003.
NOW, THEREFORE, BE IT RESOLVED BY Terrance M. Duggan, Mayor
THE CITY COUNCIL OF THE CITY OF Attest: Jeanne F. Schneider, City Clerk
DUBUQUE, IOWA: Buol moved adoption of the Resolution.
Section 1. That the recommendation of the City
Seconded by Nicholson. Motion carried 7-0.
Manager be approved and that said improvement
be accepted.
RESOLUTION NO. 316-03
th
Passed, approved and adopted this 15 day of
FINAL ESTIMATE
September, 2003
Whereas, the contract for the Old U. S.
Terrance M. Duggan, Mayor
Highway 20 Water Main Phase II Extension
Attest: Jeanne F. Schneider, City Clerk
Improvement Project has been completed and
Buol moved adoption of the Resolution.
the City has submitted the final estimate
Seconded by Nicholson. Motion carried 7-0.
showing the cost thereof.
NOW THEREFORE, BE IT RESOLVED BY
RESOLUTION NO. 314-03
THE CITY COUNCIL OF THE CITY OF
FINAL ESTIMATE
DUBUQUE, IOWA:
Whereas, the contract for the Northwest Arterial Section 1. That the cost of said improvement is
Water Main Extension Improvement Project has hereby determined to be $94,121.38 dollars.
been completed and the City has submitted the Section 2. That the final payment of $4,706.07
final estimate showing the cost thereof. be paid to Drew Cook & Sons Excavating in
NOW THEREFORE, BE IT RESOLVED BY THE accordance with the State Statute from funds in
CITY COUNCIL OF THE CITY OF DUBUQUE, the Water Department’s FY ’03 CIP Budget.
th
IOWA: Passed, approved and adopted this 15 day of
Section 1. That the cost of said improvement is September, 2003.
hereby determined to be $891,605.57 dollars. Terrance M. Duggan, Mayor
Section 2. That the final payment of $44,580.28 Attest: Jeanne F. Schneider, City Clerk
be paid to Tschiggfrie Excavating in accordance Buol moved adoption of the Resolution.
with State Statute from funds in the Water
Seconded by Nicholson. Motion carried 7-0.
Department’s FY ’03 CIP Budget.
th
Passed, approved and adopted this 15 day of
Harvest Development Group, L.L.C.: Martin J.
September, 2003
McNamer, Harvest Development Group, L.L.C.,
Terrance M. Duggan, Mayor
requesting approval of a temporary access
Attest: Jeanne F. Schneider, City Clerk
directly from the Northwest Arterial for the
Buol moved adoption of the Resolution.
construction of his assisted living project at
Seconded by Nicholson. Motion carried 7-0.
Matthew John Drive and Harvest View Drive,
presented and read. Buol moved that the
Old U.S. Highway 20 Water Main Phase II
communication be received and filed and
Extension Project – Acceptance: City Manager
referred to the City Manager. Seconded by
recommending acceptance of the Old U.S.
Highway 20 Water Main Phase II Extension
Nicholson. Motion carried 7-0.
Project in the final contract amount of
$94,121.38 as completed by Drew Cook & Sons
Miller Place – Final Plat: Zoning Advisory
Excavating, presented and read. Buol moved
Commission recommending approval of the final
that the communication be received and filed.
plat of Lots 1 – 4, inclusive, of Miller Place as
Seconded by Nicholson. Motion carried 7-0.
requested by Larry and Kathy Miller, presented
and read. Buol moved that the communication
RESOLUTION NO. 315-03
be received and filed. Seconded by Nicholson.
ACCEPTING IMPROVEMENT
Motion carried 7-0.
Whereas, the Contract for the Old U. S.
Highway 20 Water Main Phase II Extension
Regular Session, September 15, 2003 279
RESOLUTION NO. 317-03
architecturally significant structure in need of
RESOLUTION APPROVING THE FINAL PLAT
rehabilitation; and
OF LOTS 1-4, INCLUSIVE, OF MILLER
Whereas, the rehabilitation and interpretation
PLACE, IN THE CITY OF DUBUQUE, IOWA.
of the Shot Tower is included as a component of
America’s River
Whereas, there has been filed with the City the Vision Iowa grant for the
Clerk a Final Plat of Lots 1-4, inclusive, of Miller project.
place, in the City of Dubuque, Iowa; and NOW THEREFORE, BE IT RESOLVED BY
Whereas, said Final Plat has been examined THE CITY COUNCIL OF THE CITY OF
by the Zoning Advisory Commission and had its DUBUQUE, IOWA:
approval endorsed thereon; and Section 1. That the submission of an
Whereas, said Final Plat has been examined application to the State Historical Society of
by the City Council and they find that it conforms Iowa for funds from the Historic Sites
to the statues and ordinances relating thereto. Preservation Grant Program to rehabilitate the
NOW THEREFORE, BE IT RESOLVED BY Shot Tower is hereby approved.
THE CITY COUNCIL OF THE CITY OF Section 2. That the Planning Services
DUBUQUE, IOWA: Manager is hereby authorized to sign and
Section 1. The Final Plat of Lots 1-4, inclusive, submit the application for Historic Sites
of Miller Place, is hereby approved, and the Preservation Grant Program funds for this
Mayor and City Clerk are hereby authorized and project.
th
directed to endorse the approval of the City of Passed, approved and adopted this 15 day of
Dubuque, Iowa upon said Final Plat. September 2003.
th
Passed, approved and adopted this 15 day of Terrance M. Duggan, Mayor
September 2003. Attest: Jeanne F. Schneider, City Clerk
Terrance M. Duggan, Mayor Buol moved adoption of the Resolution.
Attest: Jeanne F. Schneider, City Clerk
Seconded by Nicholson. Motion carried 7-0.
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Eagle Window and Door – Certificate of
Compliance: City Manager advising that Eagle
University of Dubuque – Adopted Conceptual Window and Door, Inc. has complied with the
Plan: Zoning Advisory Commission advising Job Attainment Goal of the Public Infrastructure
that they have reviewed a request from the Assistance Program (PIAP) and recommending
University of Dubuque to change the adopted that they be released from any further
conceptual plan for the South Campus – Student obligations under the Loan Agreement with the
Apartments and have found that the proposal is City of Dubuque, presented and read. Buol
not a significant change from the adopted moved that the communication be received and
conceptual plan, presented and read. Buol filed. Seconded by Nicholson. Motion carried 7-
moved that the communication be received and 0.
filed. Seconded by Nicholson. Motion carried 7-
RESOLUTION NO. 319-03
0.
RESOLUTION CERTIFYING EAGLE WINDOW
& DOOR, INC COMPLIANCE WITH A PUBLIC
Historic Sites Preservation Grant: City
INFRASTRUCTURE ASSISTANCE PROGRAM
Manager recommending approval of an
LOAN AGREEMENT BETWEEN EAGLE
application to the State Historical Society of
WINDOW & DOOR, INC AND THE CITY OF
Iowa for a $100,000 Historic Sites Preservation
DUBUQUE, IOWA
Grant for the Shot Tower Rehabilitation project,
presented and read. Buol moved that the WHEREAS, the City of Dubuque, Iowa, on
communication be received and filed. Seconded September 16, 2002 entered into a Public
by Nicholson. Motion carried 7-0. Infrastructure Assistance Program (PIAP) Loan
Agreement with Eagle Window & Door, Inc (the
RESOLUTION NO. 318-03
Company); and
RESOLUTION AUTHORIZING AN APPLICA-
WHEREAS, Section 9 of the PIAP Loan
TION TO THE HISTORIC SITES PRESER-
Agreement requires the Company to take all
VATION GRANT PROGRAM FOR THE SHOT
actions necessary and required to create a
TOWER REHABILITATION
minimum of one hundred sixty eight (168) new
Whereas, the State Historical Society of Iowa permanent Full Time Job Equivalents with the
has announced that the Historic Sites Company in Dubuque, Iowa on or before
Preservation Grant Program has funds available December 31, 2003 (the Job Attainment Goal);
for the rehabilitation of historically and and
architecturally significant structures; and WHEREAS, Section 9 of the PIAP Loan
Whereas, the City of Dubuque has determined Agreement states that: for purposes of
that the Shot Tower is an historically and determining the extent of employment
opportunities created under the Agreement, the
280 Regular Session, September 15, 2003
RESOLUTION AUTHORIZING THE SUBMIS-
City and the Company agree that a total of four-
SION OF A CONSOLIDATED ANNUAL
hundred seventy-five (475) Full Time Job
PERFORMANCE AND EVALUATION REPORT
Equivalents exist with the Company in Dubuque,
(CAPER) FOR THE PERIOD COMMENCING
Iowa…and that if the Company meets this
JULY 1, 2002 AND CONCLUDING JUNE 30,
requirement (i.e. 643 FTE) prior to December
2003.
31, 2003, the City may acknowledge such
compliance and thereafter the Company shall Whereas, the City of Dubuque, Iowa, is an
have no further obligation under this entitlement grant recipient under the Community
subparagraph (a.); and Development Block Grant (CDBG) Program of
WHEREAS, the Company has provided the U.S. Department of Housing and Urban
documentation to the City certifying the Development (HUD); and
Company has, prior to December 31, 2003, met Whereas, the CDBG regulations require that
the Job Attainment Goal. no later than ninety (90) days after the
NOW, THEREFORE BE IT RESOLVED BY completion of a program year, each entitlement
THE CITY COUNCIL OF THE CITY OF recipient must submit a performance and
DUBUQUE IOWA: evaluation report, Consolidated Annual
The City of Dubuque acknowledges the Performance and Evaluation Report (CAPER);
Company is in compliance with the Job and,
Attainment Obligation of the PIAP Loan Whereas, the City has 1) prepared a CAPER
Agreement, and the Company is released from for the program year commencing July 1, 2002
any further obligations under the PIAP Loan and concluding June 30, 2003; 2) published
Agreement. notice of availability of the CAPER in the
The City Manager is hereby authorized to Telegraph Herald on August 18, 2003 and in the
disburse final payment from the PIAP to the Dubuque Advertiser on August 20, 2003; 3)
Company, and is authorized to execute UCC made copies of the CAPER available for public
termination statements and any other certificates review at the Carnegie Stout Public Library, City
necessary to reflect termination of the Hall, and Housing and Community Development
Agreement and the City’s rights in pledged Department; 4) held a public hearing pursuant to
collateral. published notice before the Community
th
Passed, approved and adopted this 15 day of Development Advisory Commission on
September, 2003 September 3, 2003; and
CITY OF DUBUQUE, IOWA Whereas, the Community Development
Terrance M. Duggan, Mayor Advisory Commission has voted to approve the
ATTEST: Jeanne F. Schneider, City Clerk CAPER and to recommend City Council
Buol moved adoption of the Resolution. approval.
NOW, THEREFORE, BE IT RESOLVED BY
Seconded by Nicholson. Motion carried 7-0.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Giese Manufacturing – Certificate of
Section 1. That the Consolidated Annual
Completion: City Manager recommending
Performance and Evaluation Report (CAPER)
approval of a Certificate of Completion for the
for the period commencing July 1, 2002 and
Giese Manufacturing project in the Dubuque
concluding June 30, 2003, a copy of which is
Industrial Center West acknowledging
attached, is hereby approved for submission.
completion of their obligations stipulated in the
Section 2. That the Mayor of the City of
Development Agreement, presented and read.
Dubuque is hereby authorized and directed to
Buol moved that the communication be received
execute the Consolidated Annual Performance
and filed and approved recommendation.
and Evaluation Report (CAPER) on behalf of the
Seconded by Nicholson. Motion carried 7-0.
City of Dubuque, Iowa.
Section 3. That the City Manager is hereby
Consolidated Annual Performance and
authorized and directed to submit the
Evaluation Report (CAPER): City Manager
Consolidated Annual Performance and
recommending approval of the Consolidated
Evaluation Report (CAPER) to the U.S.
Annual Performance and Evaluation Report
Department of Housing and Urban
(CAPER) for the period of July 1, 2002 through
Development.
June 30, 2003, presented and read. Buol moved
Passed, approved and adopted this 15th day
that the communication be received and filed.
of September 2003.
Seconded by Nicholson. Motion carried 7-0.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 320-03
Regular Session, September 15, 2003 281
Cedar Ridge Farm Place No. 4: City Manager and the same is hereby approved and that the
recommending acceptance of the public City Clerk is hereby authorized and directed to
improvements completed by the developer, file said report with the Iowa Department of
Nemmers Cedar Ridge Farm Limited Transportation.
th
Partnership, in Cedar Ridge Farm Place No. 4, Passed, approved and adopted this 15 day of
presented and read. Buol moved that the September, 2003.
communication be received and filed. Seconded Terrance M. Duggan, Mayor
by Nicholson. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
RESOLUTION NO. 321-03
Seconded by Nicholson. Motion carried 7-0.
ACCEPTING IMPROVEMENTS IN CEDAR
RIDGE FARM PLACE NO. 4
Police Department Accreditation: City Manager
Whereas, pursuant to Resolution No. 350-01,
recommending approval for the Police
certain improvements including street paving,
Department to continue voluntary participation
storm sewer, sanitary sewer, watermain, and
with the Commission on Accreditation for Law
street lighting were installed by the developer of
Enforcement Agencies in pursuit of
Cedar Ridge Farm Place No. 4.
reaccreditation in 2004, presented and read.
Whereas, the improvements have been
Buol moved that the communication be received
completed except for stormwater detention
and filed and approved recommendation.
facilities, and the City Manager has examined
Seconded by Nicholson. Motion carried 7-0.
the work and has filed a certificate stating that
the same has been completed in accordance
Medical Associates – Acceptance of Quit
with the plans approved by the City Council and
Claim Deed: City Manager recommending
in conformance with City specifications, and has
acceptance of a quit claim deed for Lot 11 of
recommended that the improvements be
Medical Associates Subdivision #2 from Medical
accepted by the City Council.
Associates, presented and read. Buol moved
NOW THEREFORE, BE IT RESOLVED BY
that the communication be received and filed.
THE CITY COUNCIL OF THE CITY OF
Seconded by Nicholson. Motion carried 7-0.
DUBUQUE, IOWA:
Section 1. That the recommendation of the
RESOLUTION NO. 323-03
City Manager be approved and that said
A RESOLUTION ACCEPTING A CONVEY-
improvements in Cedar Ridge Farm Place No. 4
ANCE OF PROPERTY LOT 11 OF MEDICAL
be and the same is hereby accepted, except for
ASSOCIATES SUBDIVISION NO. 2 IN THE
the stormwater detention facilities.
CITY OF DUBUQUE, DUBUQUE COUNTY,
Section 2. That maintenance of said
IOWA
improvements shall be the responsibility of the
Whereas, Medical Associates Realty, L.P.
contractor and the owner for a period of two
agreed to dedicate Lot 11 of Medical Associates
years from this date.
Subdivision No. 2 in the City of Dubuque, as
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Passed, approved and adopted this 15 day of
shown on the Final Plat of Medical Associates
September, 2003.
Subdivision No. 2 thereof; and
Terrance M. Duggan, Mayor
Whereas, Medical Associates Realty, L.P. has
Attest: Jeanne F. Schneider, CMC, City Clerk
executed a conveyance of said property in the
Buol moved adoption of the Resolution.
form of a Quit Claim Deed.
Seconded by Nicholson. Motion carried 7-0.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
Street Finance Report: City Manager
DUBUQUE, IOWA:
recommending approval of the City of
Section 1. The City Council of the City of
Dubuque’s Fiscal Year 2003 Street Finance
Dubuque, Iowa, hereby approves of, accepts
Report for submittal to the Iowa Department of
and consents to the Quit Claim Deed from
Transportation, presented and read. Buol moved
Medical Associates Realty, L.P., copies of which
that the communication be received and filed.
are attached hereto, as required by Iowa Code
Seconded by Nicholson. Motion carried 7-0.
Section 569.7.
Section 2. The Mayor is hereby authorized and
RESOLUTION NO. 322-03
directed to execute and acknowledge on behalf
RESOLUTION APPROVING THE CITY OF
of the City of Dubuque any instruments in
DUBUQUE FISCAL YEAR 2003 STREET
connection herewith.
FINANCE REPORT
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Passed, approved and adopted this 15 day of
NOW THEREFORE, BE IT RESOLVED BY
September, 2003.
THE CITY COUNCIL OF THE CITY OF
Terrance M. Duggan, Mayor
DUBUQUE, IOWA:
Attest: Jeanne F. Schneider, CMC, City Clerk
Section 1. That the Street Finance Report for
the period of July 1, 2002 to June 30, 2003, be
282 Regular Session, September 15, 2003
Buol moved adoption of the Resolution. Wal-Mart Stores, Inc. Wal-Mart Supercenter
#2004+(Sunday Sale) 4200 Dodge St
Seconded by Nicholson. Motion carried 7-0.
Passed, approved and adopted this 15th day
of September, 2003.
Senator John C. Culver Floodwall Recognition
Terrance M. Duggan, Mayor
Plaque: City Manager recommending approval
Attest: Jeanne F. Schneider, CMC, City Clerk
of the wording for the Senator John C. Culver
Buol moved adoption of the Resolution.
Plaque which is to be located near the floodwall
Seconded by Nicholson. Motion carried 7-0.
on the River’s Edge Plaza, presented and read.
Buol moved that the communication be received
RESOLUTION NO. 325-03
and filed and approved recommendation.
Whereas, applications for Liquor Licenses
Seconded by Nicholson. Motion carried 7-0.
have been submitted to this Council for approval
and the same have been examined and
Grand River Center Dedication Plaque: City
approved; and
Manager recommending approval of the wording
Whereas, the premises to be occupied by such
for the dedication plaque for the Grand River
applicants were inspected and found to comply
Center, presented and read. Buol moved that
with the State Laws and all City Ordinances
the communication be received and filed and
relevant thereto and they have filed proper
approved recommendation. Seconded by
bonds.
Nicholson. Motion carried 7-0.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
Legislative Correspondence: City Manager
DUBUQUE, IOWA:
recommending approval of the submission of
That the Manager be authorized to cause to be
letters to our Congressional delegation
issued the following named applicants a Liquor
requesting their support for modifications in the
License.
Medicare Prescription Drug and Modernization
CLASS “C” BEER/LIQUOR LICENSE
Act,
presented and read. Buol moved that the
Angela Mangeno Angie’s Bar+
communication be received and filed and
(Sunday Sale) 1401 Elm St
approved recommendation. Seconded by
One Flight Up Inc One Flight Up+
Nicholson. Motion carried 7-0.
(Sunday Sale) 44-48 Main St
Ibrico, Inc Fat Tuesday’s+
Business Licenses:
(Sunday Sale) 1121 University Ave
PMST Inc Happy’s Place+
RESOLUTION NO. 324-03
(Sunday Sale) 2323 Rockdale
Whereas, applications for Beer Permits have
DBQ County Historical Society Natl Mississippi
been submitted and filed to this Council for
rd
Museum+(Sunday/Outdoor) 350 E.3 St
approval and the same have been examined
CLASS “C” LIQUOR LICENSE
and approved: and
( 5-DAY SPECIAL EVENT)
Whereas, the premises to be occupied by
Clarke College Clarke College Homecoming
such applicants were inspected and found to
(Outdoor Sale) 1550 Clarke Dr
comply with the Ordinances of the City and have
SPECIAL CLASS “C” LIQUOR
filed proper bonds.
Raymond Sanders Sugar Ray’s Barbeque
NOW, THEREFORE, BE IT RESOLVED BY
951 Main St
THE CITY COUNCIL OF THE CITY OF
CLASS “B” WINE
DUBUQUE, IOWA:
TFM Com Oky Doky #2
That the Manager be authorized to cause to be
nd
51 W. 32 St
issued the following named applicants a Beer
Wal-Mart Stores, Inc Wal-Mart Supercenter
Permit.
# 2004 4200 Dodge St
CLASS “B” BEER (5 – DAY SPECIAL EVENT)
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Passed, approved and adopted this 15 day
Dubuque Jaycees Dubuque Jaycees+
of September, 2003.
(Outdoor Sale) Cable Car Square
Terrance M. Duggan, Mayor
Dubuque Jaycees Dubuque Jaycees+
Attest: Jeanne F. Schneider, CMC, City Clerk
(Outdoor Sale) Flora Park Ball Diamond
Buol moved adoption of the Resolution.
CLASS “C” BEER PERMIT
Seconded by Nicholson. Motion carried 7-0.
Molo Oil Com. Puff N Snuff +
( Sunday Sale) 1101 Rhomberg Ave
ITEMS TO BE SET FOR PUBLIC HEARING
RKM LLC Ron’s Smokes / Beverage+
(Sunday Sale) 1701 JFK Rd
Vacating Petition – South Way at Asbury
Liberty Station LLC Phillips 66/Arby’s+
Road: City Manager recommending that a
(Sunday Sale) 10 S Main
public hearing be set for October 6, 2003 to
5-Points Mart, Inc 5-Point Mart+
consider a request from Clarence P. Pfohl to
(Sunday Sale) 405 Rhomberg Ave
vacate a portion of South Way at Asbury Road,
Regular Session, September 15, 2003 283
presented and read. Buol moved that the Block 10 in Westchester Subdivision in the City
communication be received and filed. Seconded of Dubuque, Dubuque County, Iowa should be
by Michalski. Motion carried 7-0. approved.
NOW, THEREFORE, BE IT ORDAINED BY
RESOLUTION NO. 326-03
THE CITY COUNCIL OF THE CITY OF
RESOLUTION APPROVING PLAT OF A
DUBUQUE, IOWA:
PROPOSED PORTION OF SOUTH WAY AT
Section 1. That the real estate described as
ASBURY ROAD
Lot 1A of part of South Way in Block 10 in
Whereas, there has been presented to the City Westchester Subdivision in the City of Dubuque,
Council of the City of Dubuque, Iowa, a plat Iowa, be and the same is hereby vacated.
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dated the 13 day of August, 2003 prepared by Passed, approved and adopted this 15 day of
Schneider Land Surveying & Planning, Inc. September, 2003.
describing the proposed vacated portion of /s/Terrance M. Duggan, Mayor
South Way at Asbury Road; and Attest: /s/ Jeanne F. Schneider, CMC, City Clerk
Whereas, said plat conforms to the laws and Published officially in the Telegraph Herald
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statutes pertaining thereto. Newspaper the 19 day of September, 2003.
NOW, THEREFORE, BE IT RESOLVED BY /s/Jeanne F. Schneider, CMC, City Clerk
THE CITY COUNCIL OF THE CITY OF 1t 9/19
DUBUQUE, IOWA: Buol moved that the requirement that a
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Section 1. That the plat dated the 13 day of proposed Ordinance be considered and voted
August, 2003 prepared by Schneider Land on for passage at two Council Meetings prior to
Surveying & Planning, Inc. relative to the real the meeting at which it is to be finally passed be
estate hereinabove described be and the same suspended and further moved final
is hereby approved, and the Mayor and City consideration and passage of the Ordinance.
Clerk be and they are hereby authorized and Seconded by Michalski. Motion carried 7-0.
directed to execute said plat for and on behalf of
RESOLUTION NO. 327-03
the City of Dubuque, Iowa.
RESOLUTION OF INTENT TO DISPOSE OF
Section 2. That the City Clerk be and is hereby
CITY INTEREST IN LOT 1A OF PART OF
authorized and directed to file said plat and
SOUTH WAY IN BLOCK 10 IN WEST-
certified copy of this resolution in the office of
CHESTER SUBDIVISION IN THE CITY OF
the Recorder in and for Dubuque County, Iowa.
th
DUBUQUE, IOWA
Passed, approved and adopted this 15 day of
September, 2003. Whereas, Clarence P. Pfohl has requested the
Terrance M. Duggan, Mayor vacating of a portion of South Way at Asbury
Attest: Jeanne F. Schneider, CMC, City Clerk Road in the City of Dubuque, Iowa; and
Buol moved adoption of the Resolution. Whereas, Schneider Land Surveying &
Seconded by Michalski. Motion carried 7-0. Planning, Inc. has prepared and submitted to the
City Council a plat showing a portion of South
An Ordinance Vacating a portion of South Way Way at Asbury Road and assigned lot number
at Asbury Road, presented and read. thereto, which hereinafter shall be known and
described as Lot 1A of part of South Way in
OFFICIAL PUBLICATION
Block 10 in Westchester Subdivision in the City
ORDINANCE NO. 72-03
of Dubuque, Iowa; and
ORDINANCE VACATING A PORTION OF
Whereas, the City Council of the City of
SOUTH WAY AT ASBURY ROAD
Dubuque, Iowa has determined that this portion
Whereas, Clarence P. Pfohl has requested the of South Way at Asbury Road is no longer
vacating of a portion of South Way at Asbury required for public use, except for utility
Road; and easements as noted, and vacating and sale of
Whereas, Schneider Land Surveying & said portion of South Way known as Lot 1A of
Planning, Inc. has prepared and submitted to the part of South Way in Block 10 in Westchester
City Council a plat showing the vacated portion Subdivision in the City of Dubuque, Dubuque
of South Way at Asbury Road and assigned a lot County, Iowa should be approved.
number thereto, which hereinafter shall be NOW, THEREFORE, BE IT RESOLVED BY
known and described as Lot 1A of part of South THE CITY COUNCIL OF THE CITY OF
Way in Block 10 in Westchester Subdivision in DUBUQUE, IOWA:
the City of Dubuque, Dubuque County, Iowa; Section 1. That the City of Dubuque intends to
and dispose of its interest in Lot 1A of part of South
Whereas, the City Council of the City of Way in Block 10 in Westchester Subdivision in
Dubuque, Iowa has determined that the a the City of Dubuque, Iowa.
portion of South Way at Asbury is no longer Section 2. That the conveyance of Lot 1A of
required for public use and vacating of said part of South Way in Block 10 in Westchester
street known as Lot 1A of part of South Way in Subdivision in the City of Dubuque Iowa to
284 Regular Session, September 15, 2003
Clarence P. Pfohl be contingent upon the Whereas, the City Council has determined that
payment of $1.00, plus surveying, platting, the execution of a subordination agreement with
publication and filing fees. Premier Bank regarding the above-described
Section 3. The City reserves unto itself a real estate mortgage is in the public interest.
perpetual easement including the right of ingress NOW, THEREFORE, BE IT RESOLVED BY
and egress thereto, for the purpose of erecting, THE CITY COUNCIL OF THE CITY OF
installing, constructing, reconstructing, repairing, DUBUQUE, IOWA:
owning, operating, and maintaining water, Section 1. That it is the intent of the City
sewer, drainage, gas, telephone, television Council to execute a subordination agreement
cable, fiber optics, and electric lines as may be with Premier Bank with regard to the above-
authorized by the City of Dubuque, Iowa, as described Mortgage on the following described
shown on the plat of survey of Lot 1A of part of real estate located in the City of Dubuque, Iowa:
South Way in Block 10 in Westchester Lot 80 and the South 1 and 5/12 feet of Lot 79 in
Subdivision. the City of Dubuque, Dubuque County, Iowa.
Section 4. That the City Clerk be and is hereby Section 2. That the City Clerk is hereby
authorized and directed to cause a notice of directed to give notice in the manner required by
intent to dispose of said real estate to be law of a public hearing to be held on October 6,
published in the manner as prescribed by law. 2003 at 6:30 P.M. in the Auditorium of the
th
Passed, approved and adopted this 15 day of Carnegie-Stout Public Library, at which time and
September, 2003. place all interested parties will be given
Terrance M. Duggan, Mayor opportunity to be heard for or against the
Attest: Jeanne F. Schneider, CMC, City Clerk proposal to dispose of the real estate interests
Buol moved adoption of the Resolution and herein described.
further set this for Public Hearing on 10/6/03 at Passed, adopted and approved this 15th day
6:30 P.M. in the public library auditorium and of September 2003.
that the City Clerk publish notice in the manner Terrance M. Duggan, Mayor
prescribed by law. Seconded by Michalski. Attest: Jeanne F. Schneider, City Clerk
Motion carried 7-0. Buol moved adoption of the Resolution and set
this matter for public hearing on 10/6/03 at a
Subordination Agreement – Premier Bank: meeting to commence at 6:30 P.M. in the public
City Manager recommending that a public library auditorium and that the City Clerk publish
hearing be set for October 6, 2003 to consider notice in the manner prescribed by law.
approval of a Subordination Agreement with Seconded by Michalski. Motion carried 7-0.
Premier Bank related to the City’s mortgage
interest in property located at 101 – 123 Main Chemical Compound Wall and Roof
Street, presented and read. Buol moved that the Replacement Project: City Manager
communication be received and filed. Seconded recommending initiation of the bidding process
by Michalski. Motion carried 7-0. for the Chemical Compound Wall and Roof
Replacement Project at the Eagle Point Water
RESOLUTION NO. 328-03
Plant and that a public hearing be set for
RESOLUTION DECLARING THE INTENT OF
October 20, 2003, presented and read. Buol
THE CITY OF DUBUQUE, IOWA, TO
moved that the communication be received and
SUBORDINATE A MORTGAGE INTEREST IN
filed. Seconded by Michalski. Motion carried 7-
CERTAIN REAL ESTATE
0.
RESOLUTION NO. 329-03
Whereas, Anthony Kemp and William Barrick
PRELIMINARY APPROVAL OF
assumed a Real Estate Mortgage made to the
PLANS AND SPECIFICATIONS
City of Dubuque, Iowa (“City”), filed October 4,
1996, as Instrument No. 11847-96, in Whereas, the proposed plans, specifications
connection with Community Development Block and form of contract for the renovation of the
Grant Loan #2-96 from City; and Chemical Compound Building at the Eagle Point
Whereas, Lot 80 and the South 1 and 5/12 feet Water Plant at 1902 Hawthorne Street,
of Lot 79 in the City of Dubuque, Dubuque Dubuque, Iowa in the estimated amount of
County, Iowa, is the real estate parcel described $40,000 dollars have been prepared by the Allen
in said Mortgage; and and Urbain Architects of Dubuque, Iowa.
Whereas, City and Premier Bank both have NOW THEREFORE, BE IT RESOLVED BY
Mortgage interests in the above-described real THE CITY COUNCIL OF THE CITY OF
estate; and DUBUQUE, IOWA:
Whereas, Premier Bank requests that the City Section 1. The proposed plans, specifications
subordinate its Mortgage interest in the above-and form of Contract are approved and ordered
described real estate to Premier Bank’s interest filed in the office of the City clerk for public
to allow Anthony Kemp and William Barrick to inspection.
refinance their property with the bank; and
Regular Session, September 15, 2003 285
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Passed, approved and adopted this 15 day of Section 3. That the City Clerk is hereby
September, 2003. directed to advertise for bids for the construction
Terrance M. Duggan, Mayor of the improvements herein provided to be
Attest: Jeanne F. Schneider, City Clerk published in a newspaper having general
Buol moved adoption of the Resolution. circulation in the City of Dubuque, Iowa, which
Seconded by Michalski. Motion carried 7-0. notice shall not be less than four days nor more
than twenty days prior to the receipt of said bids
th
RESOLUTION NO. 330-03
at 2:00 p.m. on Thursday, the 9 day of October,
FIXING DATE FOR HEARING
2003. Bids shall be opened and read by the city
ON PLANS AND SPECIFICATIONS
Clerk at said time and will be submitted to the
Whereas, the City Council of the City of Council for final action at 6:30 p.m.
th
Dubuque, Iowa has given its preliminary on the 20 day of October, 2003.
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approval on the proposed plans, specifications, Passed, approved and adopted the 15 day of
and form of contract and placed same on file in September, 2003.
the office of the City Clerk for public inspection Terrance M. Duggan, Mayor
of the construction of the renovation of the Attest: Jeanne F. Schneider, City Clerk
Chemical Compound Building located at the Buol moved adoption of the Resolution.
Eagle Point Water Plant. Seconded by Michalski. Motion carried 7-0.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF Eagle Point Water Plant ADA Renovation:
DUBUQUE, IOWA: City Manager recommending initiation of the
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That on the 20 day of October 2003 a public bidding process for the ADA Renovation Project
hearing will be held at 6:30 p.m. in the Public at the Eagle Point Water Plant and that a public
Library Auditorium at which time interested hearing be set for October 20, 2003, presented
persons may appear and be heard for or against and read. Buol moved that the communication
proposed plans and specifications, form of be received and filed. Seconded by Michalski.
contract and cost of said improvement, and the Motion carried 7-0.
City Clerk be and is hereby directed to cause a
RESOLUTION NO. 332-03
notice of time and place of such hearing to be
PRELIMINARY APPROVAL OF
published in the newspaper having general
PLANS AND SPECIFICATIONS
circulation in the City of Dubuque, Iowa, which
notice shall be not less than four days nor more Whereas, the proposed plans, specifications
than twenty days prior to the day fixed for its and form of contract for the renovation of the
consideration. At the hearing, any interested Eagle Point Water Plant at 1902 Hawthorne
person may appear and file objections to the Street, Dubuque, Iowa to American Disability Act
proposed plans, specifications, contract, or Standards, in the estimated amount of
estimated cost of the improvement. $148,106.92 dollars have been prepared by the
th
Passed, adopted and approved this 15 day of Allen and Urbain Architects of Dubuque, Iowa.
September, 2003. NOW THEREFORE, BE IT RESOLVED BY
Terrance M. Duggan, Mayor THE CITY COUNCIL OF THE CITY OF
Attest: Jeanne F. Schneider, City Clerk DUBUQUE, IOWA:
Buol moved adoption of the Resolution and set Section 1. The proposed plans, specifications
hearing for 10/20/03 at 6:30 P.M. in the public and form of Contract are approved and ordered
library auditorium and that the City Clerk publish filed in the office of the City Clerk for public
notice in the manner prescribed by law. inspection.
Seconded by Michalski. Motion carried 7-0. Passed, approved and adopted this 15th day
of September, 2003.
RESOLUTION NO. 331-03
Terrance M. Duggan, Mayor
ORDERING BIDS
Attest: Jeanne F. Schneider, City Clerk
NOW THEREFORE, BE IT RESOLVED BY Buol moved adoption of the Resolution.
THE CITY COUNCIL OF THE CITY OF Seconded by Michalski. Motion carried 7-0.
DUBUQUE, IOWA:
RESOLUTION NO. 333-03
Section 1. That the renovation of the Chemical
FIXING DATE FOR HEARING
Compound Building at Eagle Point Water Plant
ON PLANS AND SPECIFICATIONS
at 1902 Hawthorne Street, Dubuque, Iowa is
hereby ordered to be advertised for bids for Whereas, the City Council of the City of
construction. Dubuque, Iowa has given its preliminary
Section 2. That the amount of the security to approval on the proposed plans, specifications,
accompany each bid shall be in the amount and form of contract and placed same on file in
which shall conform to the provisions of the the office of the City Clerk for public inspection
notice to bidders hereby approved as part of the of the construction of the renovation of Eagle
plans and specifications heretofore adopted.
286 Regular Session, September 15, 2003
Point Water Plant to American Disability Act Terrance M. Duggan, Mayor
Standards. Attest: Jeanne F. Schneider, City Clerk
NOW THEREFORE, BE IT RESOLVED BY Buol moved adoption of the Resolution.
THE CITY COUNCIL OF THE CITY OF Seconded by Michalski. Motion carried 7-0.
DUBUQUE, IOWA:
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That on the 20 day of October, 2003 a public Chestnut Street Reconstruction Project –
hearing will be held at 6:30 p.m. in the Public Initiate: City Manager recommending initiation of
Library Auditorium at which time interested the bidding process for the Chestnut Street
persons may appear and be heard for or against Reconstruction Project and that a public hearing
proposed plans and specifications, form of be set for October 6, 2003. presented and read.
contract and cost of said improvement, and the Buol moved that the communication be received
City Clerk be and is hereby directed to cause a and filed. Seconded by Michalski. Motion
notice of time and place of such hearing to be carried 7-0.
published in the newspaper having general
RESOLUTION NO. 335-03
circulation in the City of Dubuque, Iowa, which
PRELIMINARY APPROVAL OF
notice shall be not less than four days nor more
PLANS AND SPECIFICATIONS
than twenty days prior to the day fixed for its
consideration. At the hearing, any interested NOW THEREFORE, BE IT RESOLVED BY
person may appear an file objections to the THE CITY COUNCIL OF THE CITY OF
proposed plans, specifications, contract, or DUBUQUE, IOWA:
estimated cost of the improvement. That the proposed plans, specifications, form
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Passed, adopted and approved this 15 day of contract and estimated cost for the Chestnut
of September, 2003. Street (Highland to Cox) Reconstruction Project
Terrance M. Duggan, Mayor in the estimated amount $610,503.80 are hereby
Attest: Jeanne F. Schneider, City Clerk approved and ordered filed in the office of the
Buol moved adoption of the Resolution and set City Clerk for public inspection.
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this for public hearing on the 20 day of Passed, adopted and approved this 15 day of
October, 2003 at a meeting to commence at September, 2003.
6:30 P.M. in the public library auditorium and Terrance M. Duggan, Mayor
that the City Clerk publish notice in the manner Attest: Jeanne F. Schneider, CMC, City Clerk
prescribed by law. Seconded by Michalski. Buol moved adoption of the Resolution.
Motion carried 7-0. Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 334-03 RESOLUTION NO. 336-03
ORDERING BIDSFIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF Whereas, the City Council of the City of
DUBUQUE, IOWA: Dubuque, Iowa has given its preliminary
Section 1. That the renovation of the Eagle approval on the proposed plans, specifications,
Point Water Plant at 1902 Hawthorne Street, and form of contract and placed same on file in
Dubuque, Iowa to American Disability Act the office of the City Clerk for public inspection
Standards is hereby ordered to be advertised for of the Chestnut Street (Highland to Cox)
bids for construction. Reconstruction Project.
Section 2. That the amount of the security to NOW THEREFORE, BE IT RESOLVED BY
accompany each bid shall be in the amount THE CITY COUNCIL OF THE CITY OF
which shall conform to the provisions of the DUBUQUE, IOWA:
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notice to bidders hereby approved as part of the That a public hearing will be held on the 6
plans and specifications heretofore adopted. day of October, 2003, at 6:30 p.m. in the Public
Section 3. That the City Clerk is hereby Library Auditorium at which time interested
directed to advertise for bids for the construction persons may appear and be heard for or against
of the improvement herein provided to be the proposed plans and specifications, form of
published in a newspaper having general contract and cost of said improvement, and the
circulation in the City of Dubuque, Iowa, which City Clerk be and is hereby directed to cause a
notice shall not be less than four days nor more notice of time and place of such hearing to be
than twenty days prior to the receipt of said bids published in a newspaper having general
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at 2:00 p.m. on Thursday the 9 day of October, circulation in the City of Dubuque, Iowa, which
2003. Bids shall be opened and read by the City notice shall be not less than four days nor more
Clerk at said time and will be submitted to the than twenty days prior to the day fixed for its
th
Council for final action at 6:30 p.m. on the 20 consideration. At the hearing, any interested
day of October, 2003. person may appear and file objections to the
th
Passed, approved and adopted this 15 day of proposed plans, specifications, contract, or
September, 2003. estimated cost of the improvement.
Regular Session, September 15, 2003 287
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Passed, adopted and approved this 15 day of Buol moved adoption of the Resolution.
September, 2003. Seconded by Michalski. Motion carried 7-0.
Terrance M. Duggan, Mayor
RESOLUTION NO. 338-03
Attest: Jeanne, F. Schneider, CMC, City Clerk
FIXING DATE OF HEARING
Buol moved adoption of the Resolution and set
ON RESOLUTION OF NECESSITY
this for Public Hearing on 10/06/03 at a meeting
to commence at 6:30 P.M. in the public library Whereas, the City Council of the City of
auditorium and that the City Clerk publish notice Dubuque, Iowa, has given its preliminary
in the manner prescribed by law. Seconded by approval on the proposed plans, specifications
Michalski. Motion carried 7-0. and form of contract and placed same on file in
the office of the City Clerk for public inspection
RESOLUTION NO. 337-03
for the Chestnut Street (Highland to Cox)
RESOLUTION OF NECESSITY
Reconstruction Project; and
Whereas, proposed plans have been duly Whereas, the proposed Resolution of
prepared and approved by the City Council of Necessity for said improvement has been
the City of Dubuque and are now on file in the introduced and is now on file in the City Clerk's
office of City Clerk showing among other things office for public inspection.
the plans, specifications, form of contract, NOW THEREFORE, BE IT RESOLVED BY
estimated cost and preliminary plat and THE CITY COUNCIL OF THE CITY OF
schedule showing the amount proposed to be DUBUQUE, IOWA:
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assessed against each lot and the valuation of That on the 6 day of October, 2003, a public
each lot as filed by the City Council, for the hearing will be held at 6:30 p.m. in the Public
Chestnut Street (Highland to Cox) Library Auditorium in the City of Dubuque at
Reconstruction Project. which time the owners of property subject to
NOW THEREFORE, BE IT RESOLVED BY assessment for the proposed improvement or
THE CITY COUNCIL OF THE CITY OF any other person having an interest in the matter
DUBUQUE, IOWA: may appear and be heard for or against the
That the City Council deems it advisable and making of the improvement, the boundaries of
necessary for the public welfare to make the the district, the cost, the assessment against any
herein mentioned improvements, and unless lot, or the final adoption of a Resolution of
property owners at the time of the final Necessity and the City Clerk be and is hereby
consideration of this proposed resolution have authorized and directed to cause a notice of time
on file with the City Clerk objections to the and place of such hearing to be published in a
Resolution of Necessity, they shall be deemed newspaper having general circulation in the City
to have waived all objections pertaining to the of Dubuque, Iowa, which notice shall be
regularity of the proceeding and the legality of published once each week for two consecutive
using the special assessment procedure. weeks, the first publication of which shall be not
Said improvements shall be constructed and less than ten days prior to the day fixed for its
done in accordance with the plans and consideration. Unless property owners at the
specifications which have been approved by the time of the final consideration of this proposed
City Council and now on file with the City Clerk. resolution have on file with the City Clerk
That the cost and expense of making such objections to the Resolution of Necessity they
improvement will be assessed partially or totally shall be deemed to have waived all objections
against privately owned property lying with the thereto.
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assessment limits, and in an amount not to Passed, adopted and approved this 15 day of
exceed that provided by law, and in proportion to September, 2003.
the special benefits conferred. Terrance M. Duggan, Mayor
The portion of the cost which shall be borne by Attest: Jeanne F. Schneider, CMC, City Clerk
the City will be paid from the: Street Buol moved adoption of the Resolution.
Construction Fund, Local Option Sales Tax Seconded by Michalski. Motion carried 7-0.
Fund, Watermain Depreciation Fund, Sanitary
RESOLUTION NO. 339-03
Sewer Construction Fund and special
RESOLUTION APPROVING PRELIMINARY
assessment bonds may be issued in anticipation
SCHEDULE OF ASSESSMENTS
of deferred payments of assessments when a
contract has been performed and accepted, and NOW THEREFORE, BE IT RESOLVED BY
the proceeds thereof used to pay the contractor. THE CITY COUNCIL OF THE CITY OF
The above resolution was introduced, DUBUQUE, IOWA:
approved and ordered placed on file with the That the attached sheets, 1 to 1 inclusive, are
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City Clerk this 15 day of September, 2003. hereby determined to be the schedule of
Approved and placed on file for final action. proposed assessments for the Chestnut Street
Terrance M. Duggan, Mayor (Highland to Cox) Reconstruction Project and
Attest: Jeanne F. Schneider, CMC, City Clerk
288 Regular Session, September 15, 2003
the valuations set out herein are hereby Applicant: Doris M. Hingtgen. Michalski moved
approved. that Doris M. Hingtgen be reappointed to the
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Passed, approved and adopted this 15 day of Housing Advisory Trust Fund Committee for a
September, 2003. three year term which will expire 9/8/06.
Terrance M. Duggan, Mayor Seconded by Markham. Motion carried 7-0.
Attest: Jeanne F. Schneider, CMC, City Clerk
PUBLIC HEARINGS
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Buol moved that the rules be suspended to
RESOLUTION NO. 340-03
allow anyone present to speak. Seconded by
ORDERING BIDS
Nicholson. Motion carried 7-0.
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE, Dubuque Bank and Trust Company – Request
IOWA: to Rezone: Proof of publication on notice of
That the Chestnut Street (Highland to Cox) hearing to consider rezoning property located at
Reconstruction Project is hereby ordered to be the southwest corner of the Northwest Arterial
advertised for bids for construction. and Asbury Road from PC Planned Commercial
BE IT FURTHER RESOLVED, that the amount District to C-3 General Commercial District at
of the security to accompany each bid shall be in the request of Dubuque Bank and Trust
an amount which shall conform to the provisions Company and Zoning Advisory Commission
of the Notice to Bidders hereby approved as a recommending approval, presented and read.
part of the plans and specifications heretofore Markham moved that the proof and
adopted. communication be received and filed. Seconded
That the City Clerk is hereby directed to by Connors. Motion carried 7-0.
advertise for bids for the construction of the Mr. Nelson Klavitter, Vice President of
improvements herein provided, to be published Operations of Dubuque Bank and Trust, spoke
in a newspaper having general circulation in the requesting the rezoning for their branch bank at
City of Dubuque, Iowa, which notice shall not be this location.
less than four days nor more than forty-five days An Ordinance Amending Appendix A (the
prior to the receipt of said bids at 2:00 p.m. on Zoning Ordinance) of the City of Dubuque Code
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the 9 day of October, 2003. Bids shall be of Ordinances by reclassifying hereinafter
opened and read by the City Clerk at said time described property located at the southwest
and will be submitted to the Council for final corner of the Northwest Arterial and Asbury
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action at 6:30 p.m. on the 20 day of October, Road from PC Planned Commercial District to
2003. C-3 General Commercial District, presented and
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Passed, adopted and approved this 15 day of read.
September, 2003.
OFFICIAL PUBLICATION
Terrance M. Duggan, Mayor
ORDINANCE NO. 73-03
Attest: Jeanne F. Schneider, CMC, City Clerk
AN ORDINANCE AMENDING APPENDIX A
Buol moved adoption of the Resolution.
(THE ZONING ORDINANCE) OF THE CITY OF
Seconded by Michalski. Motion carried 7-0.
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
Four Mounds Estate Historic District: Historic
BED PROPERTY LOCATED AT THE
Preservation Commission and the Long Range
SOUTHWEST CORNER OF THE NORTH-
Planning Advisory Commission requesting that
WEST ARTERIAL AND ASBURY ROAD
the City Council forward documentation to the
FROM PC PLANNED COMMERCIAL DIS-
State Historic Preservation Office and set a
TRICT TO C-3 GENERAL COMMERCIAL
public hearing for November 17, 2003 to
DISTRICT.
establish Four Mounds Estate Historic District as
a City landmark, presented and read. Buol NOW, THEREFORE, BE IT ORDAINED BY
moved that the communications be received and THE CITY COUNCIL OF THE CITY OF
filed and set Public Hearing for 11/17/03 at a DUBUQUE, IOWA:
meeting to commence at 6:30 P.M. in the public Section 1. That Appendix A (The Zoning
library auditorium and that the City Clerk publish Ordinance) of the City of Dubuque Code of
notice in the manner prescribed by law. Ordinances is hereby amended by reclassifying
Seconded by Michalski. Motion carried 7-0. the hereinafter-described property from PC
Planned Commercial District to C-3 General
BOARDS/COMMISSIONS
Commercial District, to wit:
Lot 1 of Holliday Addition, and to the centerline
Appointment to the following Committee: of the adjoining public right-of-way, all in the City
Housing Advisory Trust Fund Committee (One of Dubuque, Iowa.
3-year term through 9/8/06 – Term of Hingtgen)
Regular Session, September 15, 2003 289
Section 2. The foregoing amendment has contract and estimated cost for said
heretofore been reviewed by the Zoning improvements for said project.
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Advisory Commission of the City of Dubuque, Passed, adopted and approved this 15 day of
Iowa. September, 2003.
Section 3. This Ordinance shall take effect Terrance M. Duggan, Mayor
immediately upon publication, as provided by Attest: Jeanne F. Schneider, CMC, City Clerk
law. Cline moved adoption of the Resolution.
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Passed, approved and adopted this 15 day of Seconded by Nicholson. Motion carried 7-0.
September,20032001.
RESOLUTION NO. 342-03
Terrance M. Duggan, Mayor
RESOLUTION WITH RESPECT TO THE
Attest: Jeanne F. Schneider, CMC, City Clerk
ADOPTION OF THE RESOLUTION OF
Published officially in the Telegraph Herald
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NECESSITY PROPOSED FOR THE
Newspaper the 19 day of September, 2003.
UNIVERSITY AVENUE RECONSTRUCTION
/s/Jeanne F. Schneider, CMC, City Clerk
PROJECT FROM DELHI TO ALTA VISTA AND
1t 9/19
THE UNIVERSITY AVENUE PATCHING
Markham moved that the requirement that a
PROJECT FROM ALTA VISTA TO SPRUCE
proposed Ordinance be considered and voted
STREET
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be Whereas, the City Council has proposed a
suspended and further moved final Resolution of Necessity for the University
consideration and passage of the Ordinance. Avenue Reconstruction Project from Delhi to
Seconded by Connors. Motion carried 7-0. Alta Vista and the University Avenue Patching
Project from Alta Vista to Spruce Street, has
University Avenue Reconstruction and given notice of the public hearing thereon as
Patching Project: Proof of publication on notice required by law; and
of hearing on the plans and specifications and Whereas, the public hearing has been held, all
the Resolution of Necessity for the University persons offering objections have been heard
Avenue Reconstruction and Patching Project and consideration given to all objections and is
and City Manager recommending approval, pending before this Council; and
presented and read. Cline moved that the proof Whereas, this is the time and place set as
be received and filed. Seconded by Nicholson. provided for the taking of action on the proposed
Motion carried 7-0. Resolution of Necessity.
Jerry Maro, 10358 Timothy, as the owner of NOW THEREFORE, BE IT RESOLVED BY
rental property on University, objected to the THE CITY COUNCIL OF THE CITY OF
proposed 120 days of construction which would DUBUQUE, IOWA:
negatively impact his tenants. That the proposed Resolution of Necessity
Council Member Cline requested that the described above is hereby:
University Ave. reconstruction and Chestnut St. x Adopted, without amendment, and all
reconstruction not be done at the same time as objections filed or made having been duly
it would seriously impair parking and traffic in considered are overruled.
that area. Adopted as amended by the Schedule of
Assessments attached hereto as Exhibit A, and
RESOLUTION NO. 341-03
made a part hereof by reference. All objections
RESOLUTION ADOPTING
filed or made having been duly considered are
PLANS AND SPECIFICATIONS
overruled.
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Whereas, on the 13 day of August, 2003, Deferred for later consideration to a City
plans, specifications, form of contract and Council meeting to be held on the _____ day of
estimated cost were filed with the City Clerk of , 2003, next at 6:30 p.m. in the Public Library
Dubuque, Iowa for the University Avenue Auditorium, with jurisdiction retained for further
Reconstruction Project from Delhi to Alta Vista consideration and action at the adjourned
and the University Avenue Patching Project from meeting.
Alta Vista to Spruce Street. Abandoned.
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Whereas, notice of hearing on plans, Passed, adopted and approved this 15 day of
specifications, form of contract, and estimated September, 2003.
cost was published as required by law. Terrance M. Duggan, Mayor
NOW THEREFORE, BE IT RESOLVED BY Attest: Jeanne F. Schneider, CMC, City Clerk
THE CITY COUNCIL OF THE CITY OF Cline moved adoption of the Resolution.
DUBUQUE, IOWA: Seconded by Nicholson. Motion carried 7-0.
That the said plans, specifications, form of
contract and estimated cost are hereby In-Line Skate Rink Project: Proof of
approved as the plans, specifications, form of publication on notice of hearing on the plans and
specifications and notice to bidders for the In-
290 Regular Session, September 15, 2003
Line Skate Rink Project and City Manager Passed, approved and adopted this 15th day
recommending award of the contract to Fondell of September, 2003.
Excavating, presented and read. Markham Terrance M. Duggan, Mayor
moved that the proof and communication be Attest: Jeanne F. Schneider, City Clerk
received and filed. Seconded by Cline. Motion Markham moved adoption of the Resolution.
carried 7-0. Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 343-03
Buol moved to reinstate the rules limiting
RESOLUTION ADOPTING
discussion to the Council. Seconded by
PLANS AND SPECIFICATIONS
Markham. Motion carried 7-0.
WHEREAS, on the 18th day of August, 2003,
ACTION ITEMS
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the IN-LINE SKATE RINK Bond Sale to Support Stormwater Projects:
CONCRETE SLAB PROJECT. City Manager advising that the sale of
WHEREAS, notice of hearing on plans, $2,110,000 General Obligation Bonds to support
specifications, form of contract, and estimated stormwater projects was scheduled for 11:00
cost was published as required by law. a.m., Monday, September 15, 2003, presented
NOW THEREFORE, BE IT RESOLVED BY and read. Cline moved that the proof be
THE CITY COUNCIL OF THE CITY OF received and filed. Seconded by Markham.
DUBUQUE, IOWA: Motion carried 7-0.
That the said plans, specifications, form of Mr. David Dirks, of the City’s financial advisory
contract and estimated cost are hereby firm, spoke positively of the City’s improved
approved as the plans, specifications, form of financial rating.
contract and estimated cost for said
RESOLUTION NO. 345-03
improvements for said project.
RESOLUTION DIRECTING SALE OF
Passed, approved and adopted this 15th day
$2,110,000 GENERAL OBLIGATION BONDS,
of September, 2003.
SERIES 2003
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk Whereas, pursuant to notice as required by
Markham moved adoption of the Resolution. law, bids have been received at public sale for
Seconded by Cline. Motion carried 7-0. the Bonds described as follows and the best bid
received is determined to be the following:
RESOLUTION NO. 344-03
$2,110,000 GENERAL OBLIGATION BONDS,
AWARDING CONTRACT
SERIES 2003:
WHEREAS, sealed proposals have been Bidder: RBC Dain Rauscher, Inc. of Clive,
submitted by contractors for the IN-LINE SKATE Iowa
PARK CONCRETE SLAB PROJECT pursuant the terms of said bid being:
to Resolution No. 279-03, and notice to bidders Purchase Price: $2,095,230.00
published in a newspaper published in the City Net Interest Rate: 4.2743%
of Dubuque, Iowa, on the 5th day of September, Net Interest Cost $1,013,780.54
2003. NOW, THEREFORE, BE IT RESOLVED BY
WHEREAS, said sealed proposals were THE CITY COUNCIL OF THE CITY OF
opened and read on the 4th day of September, DUBUQUE, IOWA:
2003, and it has been determined that the bid of Section 1. That the bid for the bonds as above
Fondell Excavating in the amount of $85,850.80 set out is hereby determined to be the best and
was the lowest bid for the furnishings of all labor most favorable bid received and, said bonds are
and materials and performing the work as hereby awarded based on said bid.
provided for in the plans and specifications. Section 2. That the statement of information
NOW THEREFORE, BE IT RESOLVED BY for bond bidders and the form of contract for the
THE CITY COUNCIL OF THE CITY OF sale of said bonds are hereby approved and the
DUBUQUE, IOWA: Mayor and Clerk are authorized to execute the
That the contract for the above improvement same on behalf of the City.
be awarded to Fondell Excavating, and the Section 3. That the notice of the sale of the
Manager be and is hereby directed to execute a bonds heretofore given and all acts of the Clerk
contract on behalf of the City of Dubuque for the and Finance Director done in furtherance of the
complete performance of the work. sale of said bonds are hereby ratified and
BE IT FURTHER RESOLVED: approved.
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That upon the signing of said contract and the Passed, approved and adopted this 15 day of
approval of the contractor's bond, the City September, 2003.
Treasurer is authorized and instructed to return Terrance M. Duggan, Mayor
the bid deposits of the unsuccessful bidders. Attest: Jeanne F. Schneider, City Clerk
Regular Session, September 15, 2003 291
Cline moved adoption of the Resolution. architecture, history, archeology, law,
Seconded by Markham. Motion carried 7-0 construction or building rehabilitation, city
planning or conservation in general. One
Historic Preservation Commission: Historic commission member shall be a licensed
Preservation Commission recommending architect.
approval of an amendment to the Historic (C) Members shall serve three-year terms.
Preservation Ordinance to increase the (D) Vacancies occurring in the commission,
membership of the Commission to nine other than through expiration of term of office,
members by adding two additional at-large shall be only for the unexpired portion or the
members, presented and read. Buol moved term of the member replaced. Each member
that the communication be received and filed. shall serve until the appointment of a successor.
Seconded by Connors. Motion carried 7-0. (E) Members may serve for more than one term.
Council Member Michalski voiced concern as (F) Vacancies shall be filled by the city council in
to obtaining a quorum at their meetings. accordance with the requirements set forth
Christopher Wand, Chair of the Historic above.
Preservation Commission, spoke clarifying that (G) Members shall serve without compensation.
these additional at large positions would help Section 2. That the foregoing has heretofore
with a quorum. been reviewed by the Historic Preservation
Commission of the City of Dubuque, Iowa.
An Ordinance Amending the City of Dubuque Section 3. This ordinance shall take effect on
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Code of Ordinances Chapter 25 Historic the 17 day of October, 2003.
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Preservation, Section 25-3 Historic Preservation Passed, approved and adopted this 15 day of
Commission Established; Membership; Term of September, 2003.
Office; Vacancies in Office, presented and read. /s/Terrance M. Duggan, Mayor
Attest: /s/ Jeanne F. Schneider, CMC, City Clerk
OFFICIAL PUBLICATION
Published officially in the Telegraph Herald
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ORDINANCE NO. 74-03
Newspaper the 19 day of September, 2003.
AN ORDINANCE AMENDING THE CITY OF
/s/Jeanne F. Schneider, CMC, City Clerk
DUBUQUE CODE OF ORDINANCES
1t 9/19
CHAPTER 25 HISTORIC PRESERVATION
Buol moved that the requirement that a
SECTION 25-3 HISTORIC PRESERVATION
proposed Ordinance be considered and voted
COMMISSION ESTABLISHED; MEMBER-
on for passage at two Council Meetings prior to
SHIP; TERM OF OFFICE; VACANCIES IN
the meeting at which it is to be finally passed be
OFFICE.
suspended and further moved final
Whereas, the Historic Preservation consideration and passage of the Ordinance.
Commission has recommended amendments to Seconded by Connors. Motion carried 7-0.
Chapter 25 Historic Preservation of the Code of
Ordinances of the City of Dubuque; and Callahan Subdivision: City Manager
Whereas, the City Council finds that the recommending approval of a request from Joel
recommended amendments are consistent with Callahan, President of Callahan Construction,
the goals and objectives of the Comprehensive Inc., for City assistance to facilitate development
Plan and the purpose and intent of the Historic of his proposed mixed-use subdivision that
Preservation Ordinance. would include affordable owner-occupied
NOW, THEREFORE, BE IT ORDAINED BY housing, presented and read. Markham moved
THE CITY COUNCIL OF THE CITY OF that the communication be received and filed
DUBUQUE, IOWA: and approved recommendation. Seconded by
Section 1. SECTION 25-3 of the City of Connors. Motion carried 7-0.
Dubuque Code of Ordinances is hereby
amended to read as follows: The following item was removed from the
Section 25-3 Historic Preservation Commission Agenda at the request of Mr. Callahan:
established; Membership; Term of Office; Westbrook Subdivision – Final Plat: City
Vacancies in Office. Manager recommending approval of the final
(A) The historic preservation commission is plat of Phase I of Westbrook Subdivision, which
hereby established and shall consist of nine (9) was recently approved for annexation in the City
members who shall be residents of the city. of Dubuque, as requested by Joel Callahan and
(B) Members of the commission shall be a Resolution approving the final plat of Lots 1
appointed by the city council as follows: One thru 48, inclusive, of Block 1, Lots 1 thru 10,
resident from each designated historic inclusive, of Block 3 and Lots A, B, C, D, E, F,
preservation district, including the districts G, H, I, J, and K of Westbrook Subdivision.
hereinafter established; and four (4) at large
members. Each member shall possess Request for Qualifications – Grand River
qualifications evidencing expertise or interest in Center Artwork: City Manager recommending
292 Regular Session, September 15, 2003
approval of the issuance of a Request for ORDINANCE NO. 58-03
Qualifications for artwork for the Grand River ESTABLISHING A FRANCHISE FEE OF TWO
Center, presented and read. Cline moved that PERCENT (2%) OF THE GROSS REVENUE
the communication be received and filed and OF INTERSTATE POWER COMPANY, ITS
approved recommendation. Seconded by SUCCESSORS AND ASSIGNS, GENERATED
Connors. Motion carried 7-0. FROM THE SALE OF ELECTRICITY WITHIN
THE CITY OF DUBUQUE
Franchise Fee Ordinance Amendment: City Section 1. Effective October 1, 2003 and for
Manager recommending approval of the term of the franchise granted by Ordinance
amendments to the Franchise Fee Ordinances No. 58-93, there is hereby imposed upon the
to provide for changing the reporting date to the Company a fee equal to two percent (2%) of the
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15 of each month commencing on November gross revenue generated from the sale of
15, 2003 and to further address tax-exempt electricity within the City of Dubuque.
properties, presented and read. Buol moved Section 2. The Company shall on the fifteenth
that the communication be received and filed. day of each month, commencing November 15,
Seconded by Markham. Motion carried 7-0. 2003, provide to the City Manager in a form
acceptable to the City Manager records
An Ordinance Amending Ordinance No. 58-03 establishing the gross revenues from the sale of
Establishing a franchise fee of two percent (2%) electricity by the Company within the City of
of the gross revenue of Interstate Power Dubuque for the preceding month and shall pay
Company, its successors and assigns, the fee to the City within thirty (30) days
generated from the sale of electricity within the following the last day of the preceding month.
City of Dubuque, presented and read. Section 3. The fee imposed by Sec. 1 shall
not apply to any sale of electricity by the
OFFICIAL PUBLICATION
Company that is exempt under Iowa Code §
ORDINANCE NO. 75-03
422.45 from the tax imposed by Iowa Code §
AMENDING ORDINANCE NO. 58-03
422.43 and in computing the amount of the fee,
ESTABLISHING A FRANCHISE FEE OF TWO
the Company shall not include such sales,
PERCENT (2%) OF THE GROSS REVENUE
unless it is impracticable to do so, in which event
OF INTERSTATE POWER COMPANY, ITS
the City Manager may provide for a rebate of the
SUCCESSORS AND ASSIGNS, GENERATED
amount of the fee for such exempt sales of
FROM THE SALE OF ELECTRICITY WITHIN
electricity to the Company’s customers.
THE CITY OF DUBUQUE
Section 2. This ordinance shall take effect
Whereas, City of Dubuque Ordinance No. 58-upon publication.
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93 (City of Dubuque Code of Ordinances Passed, approved and adopted this 15 day of
Appendix D), adopted by the City Council on the September, 2001.
4th day of October 1993, granted to Interstate Terrance M. Duggan, Mayor
Power Company, its successors and assigns Attest: Jeanne F. Schneider, CMC, City Clerk
(hereinafter referred to collectively as the Published officially in the Telegraph Herald
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Company), nonexclusive authority for a period of Newspaper the 19 day of September, 2003.
twenty-five (25) years to maintain and operate /s/Jeanne F. Schneider, CMC, City Clerk
its electrical system within the limits of the City 1t 9/19
of Dubuque; and Buol moved that the requirement that a
Whereas, Ordinance No. 58-93 provides that proposed Ordinance be considered and voted
the City Council may, impose a franchise fee not on for passage at two Council Meetings prior to
to exceed three (3) percent of the gross revenue the meeting at which it is to be finally passed be
of the Company generated from the sale of suspended and further moved final
electricity within the City of Dubuque; and consideration and passage of the Ordinance.
Whereas, the City Council has determined that Seconded by Markham. Motion carried 7-0.
a franchise fee is in the best interests of the City
of Dubuque; and An Ordinance Amending Ordinance No. 59-03
Whereas, the City Council by the adoption of Establishing a franchise fee of two percent (2%)
Ordinance No. 58-03 established a franchise of the gross revenue of Peoples Natural Gas, its
fee; and successors and assigns, generated from the
Whereas, the City Council has determined that sale of natural gas or mixed gas within the City
an amendment to Ordinance No. 58-03 is of Dubuque,
necessary.
OFFICIAL PUBLICATION
NOW, THEREFORE, BE IT ORDAINED BY
ORDINANCE NO. 76-03
THE CITY COUNCIL OF THE CITY OF
AMENDING ORDINANCE NO. 59-03
DUBUQUE, IOWA:
ESTABLISHING A FRANCHISE FEE OF TWO
Section 1. Ordinance No. 58-03 is amended to
PERCENT (2%) OF THE GROSS REVENUE
read as follows:
Regular Session, September 15, 2003 293
OF PEOPLES NATURAL GAS COMPANY, ITS
by the Company that is exempt under Iowa
SUCCESSORS AND ASSIGNS, GENERATED
Code § 422.45 from the tax imposed by Iowa
FROM THE DISTRIBUTION AND SALE OF
Code § 422.43. The City shall, prior to October
NATURAL GAS OR MIXED GAS WITHIN THE
1, 2003, and thereafter as persons on the
CITY OF DUBUQUE
exemption list are changed by the City, provide
Whereas, City of Dubuque Ordinance No. 43-the Company with a list of the names of persons
93 (City of Dubuque Code of Ordinances who are exempt from the fee and in computing
Appendix C), adopted by the City Council on the the amount of the fee, the Company shall not
19th day of July, 1993, granted to Peoples include any sales to such persons.
Natural Gas Company, its successors and The City Manager shall provide a procedure for
assigns (hereinafter referred to collectively as the rebate of the fee to persons who are partially
the Company), nonexclusive authority for a exempt under § 422.45 from the tax imposed by
period of twenty-five (25) years to maintain and Iowa Code § 422.43 for sales of natural and
operate its gas distribution system within the mixed gas to the Company’s customers.
limits of the City of Dubuque; and Section 4. If for any reason the time and
Whereas, Ordinance No. 43-93 provides that manner of collecting, or any aspect of the
the City Council may, impose a franchise fee not franchise fee, is challenged by or before the
to exceed three (3) percent of the gross revenue Iowa Utilities Board, Company shall promptly
of the Company generated from the sale of give notice to City and the Company shall, in
natural and mixed gas within the City of any case, diligently and continuously exercises
Dubuque; and its efforts to sustain said fee and payments and
Whereas, the City Council has determined that the time and manner of its collection. If at any
a franchise fee is in the best interests of the City time the Iowa Utilities Board, or any other
of Dubuque; and authority having proper jurisdiction, prohibits the
Whereas, the City Council by the adoption of City from imposing the franchise fee called for
Ordinance No. 59-03 establish a franchise fee; herein, the Company will no longer be obligated
and to collect and pay the franchise fee herein. The
Whereas, the City Council has determined that City agrees to save harmless the Company, its
an amendment to Ordinance No. 59-03 is employees or agents from and against all
necessary. claims, demands, losses and expenses arising
NOW, THEREFORE, BE IT ORDAINED BY out of the collection of the franchise fee from the
THE CITY COUNCIL OF THE CITY OF Company’s customers or in remitting the
DUBUQUE, IOWA: franchise fee amounts collected to the City;
Section 1. Ordinance No. 59-03 is amended to provided, however, that the City shall not be
read as follows: required to save harmless the Company from
ORDINANCE NO. 59-03 claims, demands, losses and expenses arising
ESTABLISHING A FRANCHISE FEE OF TWO out of the negligence of the Company, its
PERCENT (2%) OF THE GROSS REVENUE employees or agents
OF PEOPLES NATURAL GAS COMPANY, ITS Section 5. The amount billed by the Company
SUCCESSORS AND ASSIGNS, GENERATED for the sale of natural gas or mixed gas to its
FROM THE DISTRIBUTION AND SALE OF customers may be adjusted for any net write-off
NATURAL GAS OR MIXED GAS WITHIN THE of uncollectible accounts and corrections of bills
CITY OF DUBUQUE theretofore rendered, and past or future
Section 1. Effective October 1, 2003 and for franchise fees remitted to the City may be
the term of the franchise granted by Ordinance adjusted accordingly by the Company to reflect
No. 43-93, there is hereby imposed upon the the lawful or necessary correction to billing and
Company a fee equal to two percent (2%) of the collection from its customers for natural gas sold
gross revenue generated from the sale of within the corporate limits of the City.
natural and mixed gas within the City of Section 6. The City shall provide copies of
Dubuque. annexation ordinances to the Company on a
Section 2. The Company shall on the fifteenth timely basis to ensure appropriate franchise fee
day of each month, commencing November 15, collection from customers within the corporate
2003, provide to the City Manager in a form limits of the City.
acceptable to the City Manager records Section 2. This ordinance shall take effect
establishing the gross revenues from the sale of upon publication.
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natural and mixed gas by the Company within Passed, approved and adopted this 15 day of
the City of Dubuque for the preceding month September, 2001.
and shall pay the fee to the City within thirty (30) /s/Terrance M. Duggan, Mayor
days following the last day of the preceding Attest: /s/Jeanne F. Schneider, CMC, City Clerk
month. Published officially in the Telegraph Herald
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Section 3. The fee imposed by Sec. 1 shall Newspaper the 19 day of September, 2003.
not apply to any sale of natural and mixed gas /s/Jeanne F. Schneider, CMC, City Clerk
294 Regular Session, September 15, 2003
1t 9/19 (a) To reduce Golden Eagle Drive (Lot B) to
Buol moved that the requirement that a grade and to construct concrete curb and gutter
proposed Ordinance be considered and voted and to hard surface with asphaltic concrete, or
on for passage at two Council Meetings prior to with concrete paving with integral curb, all in
the meeting at which it is to be finally passed be accordance with the City of Dubuque standard
suspended and further moved final specifications, all in a manner acceptable to the
consideration and passage of the Ordinance. City Engineer, in conformance with construction
Seconded by Markham. Motion carried 7-0. improvement plans approved by the City
Engineer, and inspected by the City Engineer.
Eagle Valley Subdivision – Final Plat: City (b) To install sanitary sewer and service
Manager recommending approval of the final laterals, water mains and water service laterals
plat of Lots 1 – 4 and Lots A-B of Block 5, into each individual lot, storm sewers and catch
inclusive, of Eagle Valley Subdivision, presented basins, boulevard street lighting and erosion
and read. Markham moved that the control devices all in accordance with the City of
communication be received and filed. Seconded Dubuque standard specifications, all in a
by Connors. Motion carried 7-0. manner acceptable to the City Engineer, and in
accordance with construction improvement
RESOLUTION NO. 346-03
plans approved by the City Engineer, and
A RESOLUTION APPROVING THE FINAL
inspected by the City Engineer.
PLAT OF LOTS 1-4, INCLUSIVE, AND LOTS
(c) To construct said improvements, prior to
A-B, INCLUSIVE OF BLOCK 5 OF EAGLE
two (2) years from the date of acceptance of this
VALLEY SUBDIVISION, IN THE CITY OF
resolution, at the sole expense of the owners, or
DUBUQUE, IOWA.
future owner;
Whereas, there has been filed with the City (d) To maintain the above public
Clerk a final plat of Lots 1-4, Inclusive, and Lots improvements, for a period of two (2) years from
A-B, Inclusive of Block 5 of Eagle Valley the date of the acceptance of those
Subdivision in the City of Dubuque, Iowa; and; improvements by the City of Dubuque, Iowa, at
Whereas, upon said final plat appears streets the sole expense of the owners, or future owner;
to be known as Golden Eagle Drive (Lot B), And, further provided that said Arnold Van Etten,
together with certain public utility easements all as owner of said property, shall secure the
in Eagle Valley Subdivision, which the owner, by performance of the foregoing conditions
said final plat, has dedicated to the public provided in this Section by providing guarantees
forever; and in such form and with such sureties as may be
Whereas, the preliminary plat has been acceptable to the City Manager of the City of
examined by the Zoning Advisory Commission Dubuque, Iowa.
and had its approval endorsed thereon; and Section 3. Sidewalk installation shall be the
Whereas, said final plat has been reviewed by responsibility of the owner abutting the public
the City Planner and had her approval endorsed rights-of-way, including lots with multiple
thereon, subject to the owners agreeing to the frontages, as required by City Code 41-161
conditions noted in Section 2 below; and through 41-164. The responsibility shall extend
Whereas, said final plat has been examined by to all successors, heirs and assignees.
the City Council and they find that it conforms to Sidewalk installation will not be required until the
the statutes and ordinances relating to it, except development of the lot has been completed,
that no streets or public utilities have yet been except as required herein. In sparsely
constructed or installed. developed subdivisions, sidewalks on developed
NOW, THEREFORE, BE IT RESOLVED BY lots will not be required until 50% of the lots
THE CITY COUNCIL OF THE CITY OF approved by the plat have been developed. All
DUBUQUE, IOWA: vacant lots shall have sidewalks installed upon
Section 1. That the dedication of Golden Eagle development of 80% of the lots approved by the
Drive (Lot B), and the easements for public plat.
utilities, sanitary sewer, storm sewer and water Section 4. The developer will maintain erosion
mains as they appear upon said final plat, be control devices constructed in Block 5 of Eagle
and the same are hereby accepted; and Valley Subdivision until it has been fully
Section 2. That the final plat of Lots 1-4, completed. Upon the Citys acceptance of the
=
Inclusive, and Lots A-B, Inclusive, of Block 5, is detention facility, the maintenance expenses
hereby approved and the Mayor and City Clerk incurred by the City of Dubuque for the storm
are hereby authorized and directed to endorse
water detention facility (Lot G) shall be assessed
the approval of the City of Dubuque, Iowa, upon
against the lot owners of Eagle Valley
said final plat, provided the owners of said
Subdivision, in equal amounts, and the City
property herein named, execute their written
Manager shall certify such costs to the City
acceptance hereto attached agreeing: Clerk, who in turn shall promptly certify such
costs to the Dubuque County Treasurer, and
Regular Session, September 15, 2003 295
such costs shall then be collected with and in Motion carried 7-0. The meeting adjourned at
the same manner as general property taxes in 8:42 P.M.
accordance with provisions of law.
Section 5. That the final acceptance of all /s/ Jeanne F. Schneider, CMC
public improvements shall occur upon City Clerk
certification of the City Engineer to the City 1t 9/24
Council that all public improvements have been
completed in accordance with the improvement
plans and City standard specifications and Approved:__________________________2003
accepted by City Council Resolution.
Section 6. That in the event Arnold Van Etten Adopted:___________________________2003
fails to execute the acceptance and furnish the
guarantees provided in Section 2 hereof within
180 days after the date of this Resolution, the ______________________________________
provisions hereof shall be null and void and the Mayor
acceptance of the dedication and approval the
plat shall not be effective. ______________________________________
th
Passed, approved and adopted this 15 day of
September 2003. ______________________________________
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk ______________________________________
Markham moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0. ______________________________________
Acquisition and Demolition of 1650 Old Mill ______________________________________
Road: City Manager recommending submittal of
an amended request to the Iowa Emergency ______________________________________
Management Division to acquire a non-Council Members
residential flood prone property at 1650 Old Mill
Road and to authorize the City Manager to Attest:
negotiate a lease agreement for vacant property
located at 1695 Old Mill Road, 1699 Old Mill ______________________________________
Road, 1620 Old Mill Road and 1650 Old Mill City Clerk
Road, presented and read. Cline moved that the
communication be received and filed and
approved recommendation. Seconded by
Nicholson. Motion carried 7-0.
Pier Wall Signage and Refuse Collection from
Visiting Boats: City Manager recommending
approval of additional signage at the transient
boat docks along the sheet pile wall at the
Mississippi Riverwalk and further recommending
that visiting passenger boats be required to have
a truck haul their refuse away immediately
instead of leaving a large refuse container at the
American Trust River’s Edge Plaza, presented
and read. Cline moved that the communication
be received and filed and approved
recommendation. Seconded by Nicholson.
Motion carried 7-0.
At 7:43 P.M. Markham moved to go into
Closed Session re: Property Acquisition –
Chapter 21.5(1)(j) 2003 Code of Iowa.
Seconded by Connors. Motion carried 7-0.
At 8:41 Council reconvened Regular Session
stating that proper direction had been given.
There being no further business, Markham
moved to adjourn. Seconded by Connors.
296 Special Session, September 26, 2003
DUBUQUE
That upon the signing of said contract and the
approval of the contractor’s bond, the City
CITY COUNCIL
Treasurer is authorized and instructed to return
OFFICIAL
the bid deposits of the unsuccessful bidders.
PROCEEDINGS
th
Passed, approved and adopted this 26 day of
September, 2003.
City Council, Special Session, September 26,
Terrance M. Duggan, Mayor
2003
Attest: Jeanne F. Schneider, CMC, City Clerk
Council met in Special Session at 5:00 P.M. in
Cline moved adoption of the Resolution.
Conference Room B, City Hall
Seconded by Michalski. Motion carried 4-0.
Present: Mayor Duggan, Council Members
New Market Tax Application: City Manager
Cline, Markham, Michalski, City Manager
recommending approval of a New Market Tax
Michael Van Milligen, Corporation Counsel Barry
Credit Application for Heartland Community
Lindahl
Development, Inc., presented and read.
Absent: Council Members Buol, Connors,
Michalski moved that the communication be
Nicholson
received and filed. Seconded by Cline. Motion
carried 4-0.
Mayor Duggan read the call and stated this is
a special session of the City Council called for
RESOLUTION NO. 348-03
the purpose of acting upon such matters that
A RESOLUTION SUPPORTING AN APPLICA-
may properly come before the City Council.
TION FOR THE NEW MARKETS TAX CREDIT
PROGRAM
Port of Dubuque Logging Properties
Whereas, the federal New Markets Tax Credit
Demolition and Site Clearance Project: City
Program has been established to assist in
Manager recommending award of the contract
providing investments in low income
for the Port of Dubuque Logging Properties
neighborhoods; and
Demolition and Site Clearance Project to WC
Whereas, Heartland Community Development
Stewart Construction, Inc., presented and read.
Inc., a subsidiary of Heartland Financial USA
Cline moved that the communication be
Inc., the parent company of Dubuque Bank and
received and filed. Seconded by Michalski.
Trust, is proposing to file an application for an
Motion carried 4-0.
allocation of New Markets Tax Credits; and
Whereas, the application is targeted to the
RESOLUTION NO. 347-03
lowest income neighborhoods in the City of
AWARDING CONTRACT
Dubuque;
Whereas, sealed proposals have been
NOW, THEREFORE, BE IT RESOLVED BY
submitted by contractors for the Port of Dubuque
THE CITY COUNCIL OF THE CITY OF
Logging Properties – Building Demolition and
DUBUQUE, IOWA:
Site Clearance Project pursuant to Resolution
Section 1. The City Council endorses and
No. 307-03 and notice to bidders published in a
supports the efforts of Heartland Community
newspaper published in the City of Dubuque,
Development Inc., a subsidiary of Heartland
th
Iowa on the 25 day of July, 2003.
Financial USA Inc., the parent of Dubuque Bank
Whereas, said sealed proposals were opened
and Trust, to obtain a $75 million allocation from
th
and read on the 7 day of August, 2003, and it
the New Markets Tax Credit Program.
has been determined that the bid of WC Stewart
Section 2. The City Manager is authorized to
Construction Company of Dubuque, Iowa, in the
assist Heartland Community Development Inc.,
amount of $69,000.00 was the lowest bid for the
a subsidiary of Heartland Financial USA Inc., the
furnishings of all labor and materials and
parent of Dubuque Bank and Trust, in the
performing the work as provided for in the plans
application process for the New Markets Tax
and specifications.
Credit Program.
NOW THEREFORE, BE IT RESOLVED BY
th
Passed, approved and adopted this 26 day of
THE CITY COUNCIL OF THE CITY OF
September, 2003.
DUBUQUE, IOWA:
Terrance M. Duggan, Mayor
That the contract for the above improvement
Jeanne F. Schneider, City Clerk
be awarded to WC Stewart Construction
Michalski moved adoption of the Resolution.
Company and the Manager be and is hereby
Seconded by Cline. Motion carried 4-0.
directed to execute a contract on behalf of the
City of Dubuque for the complete performance
HUD Lead-Based Paint Award: City Manager
of the work, subject to HUD authorization and
recommending approval of the execution of a
the release of Federal Economic Development
$2.4 million Lead-Based Paint Award Agreement
Initiative Grant Funds.
with the Department of Housing and Urban
BE IT FURTHER RESOLVED:
Special Session, September 26, 2003 297
Development, presented and read. Michalski
moved that the communication be received and
filed and approved recommendation. Seconded Approved:__________________________2003
by Markham. Motion carried 4-0.
Adopted:___________________________2003
Riprow Valley Conservation Easement: City
Manager recommending approval of the
corrected version of the conservation easement ______________________________________
with Iowa Natural Heritage Foundation for Mayor
property in the Riprow Valley Restoration
Project, presented and read. Markham moved ______________________________________
that the communication be received and filed
and approved recommendation. Seconded by ______________________________________
Cline. Motion carried 4-0.
______________________________________
Vessel Systems Assignment of Development
Agreement: City Manager recommending ______________________________________
approval of an assignment of a development
agreement between Vessel Systems, Inc. and ______________________________________
Marke, L.L.C., presented and read. Cline
moved that the communication be received and ______________________________________
filed and recommendation approved. Seconded Council Members
by Markham. Motion carried 4-0.
Attest:
There being no further business, Cline moved
to adjourn. Seconded by Michalski. Motion ______________________________________
carried 4-0. The meeting adjourned at 5:11 City Clerk
P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 10/6