2003 March Council Proceedings Regular Session, March 3, 2003 67
DUBUQUE
read. Buol moved that the communications be
received and filed and concurred. Seconded by
CITY COUNCIL
Cline. Motion carried 7-0.
OFFICIAL
PROCEEDINGS
Corporation Counsel recommending
settlement of the claim of Joseph Melssen for
City Council, Regular Session, March 3, 2003
property damage and that the Finance Director
Council met in Regular Session at 6:30 P.M. in
issue payment, presented and read. Buol
the Library Auditorium
moved that the communication be received and
filed and concurred and Finance Director to
Present: Mayor Duggan, Council Members
issue payment. Seconded by Cline. Motion
Buol, Cline, Connors, Markham, Michalski,
carried 7-0.
Nicholson, City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Citizen Communication: Communication from
Valorie Woerdehoff concerning the anti-war
Mayor Duggan read the call and stated this is
resolution that came before the City Council,
a special session of the City Council called for
presented and read. Buol moved that the
the purpose of discussing such matters which
communication be received and filed. Seconded
may properly come before the City Council.
by Cline. Motion carried 7-0.
Invocation was given by Reverend Jerry E.
Iowa League of Cities: Communication from
Oakland, Pastor, St. Luke’s United Methodist
the Iowa League of Cities advising that Dubuque
Church.
has been chosen as the site for the 2007 Annual
Conference and Exhibit, presented and read.
PROCLAMATIONS: Welcoming Ms. Darina
Buol moved that the communication be received
Baranchikova of Hemmene, Slovakia received
and filed. Seconded by Cline. Motion carried 7-
by Darina Baranchikova; Welcoming Mr.
0.
Watslaw Prazuch of Turnow, Poland received by
Watslaw Prazuch; Welcoming Mr. Laszlo
Burlington Northern Railroad Depot
Szalkai of Vezprem, Hungary received by Laszlo
Restoration Project: City Manager
Szalkai; and Ms. Diana Turlakova of Star
recommending acceptance of the Burlington
Zagora, Bulgaria received by Diana Turlakova.
Northern Railroad Depot Restoration Project –
Contract No. 2 (General Demolition) in the final
CONSENT ITEMS
contract amount of $38,000.00 and Contract No.
5 (Steel) in the final contract amount of
Minutes Submitted: City Conference Board of
$87,625.57, presented and read. Buol moved
1/21; City Council of 2/17, 2/20 and 2/24; Five
that the communication be received and filed.
Flags of 1/13; Long Range Planning Advisory
Seconded by Cline. Motion carried 7-0.
Commission of 2/19; Mechanical Board of 2/18;
Plumbing Board of 2/26, presented and read. RESOLUTION NO. 62-03
Buol moved that the minutes be received and ACCEPTING IMPROVEMENT
filed. Seconded by Cline. Motion carried 7-0.
Whereas, the contracts for the Burlington
Proof of publication of City Council
Northern Railroad Depot Restoration Project,
Proceedings of 2/3, 2/5 and 2/10, presented and
Contract No. 2 – General Demolition and
read. Buol moved that the proofs be received
Contract No. 5 - Steel have been completed and
and filed. Seconded by Cline. Motion carried 7-
the City Manager has examined the work and
0.
filed his certificate stating that the same has
been completed according to the terms of the
Notice of Claims/Suits: Eldon D. Denlinger for
contracts, plans and specifications and
property damage; John Schreiber for property
recommends its acceptance.
damage, presented and read. Buol moved
NOW THEREFORE, BE IT RESOLVED BY
that the claims and suits be referred to the Legal
THE CITY COUNCIL OF THE CITY OF
Staff for investigation and report. Seconded by
DUBUQUE, IOWA:
Cline. Motion carried 7-0.
Section 1. That the recommendation of the
City Manager be approved and that said
Corporation Counsel advising that the
improvements be and the same are hereby
following claims have been referred to Public
accepted.
Entity Risk Services of Iowa, the agent for the
BE IT FURTHER RESOLVED that the City
Iowa Communities Assurance Pool: Eldon D.
Treasurer be and he is hereby directed to pay to
Denlinger for property damage; Thomas
the contractor from the funding of the Dubuque
Weidenbacher for vehicle damage; Raymond
County Historical Society and the Iowa
Worden, Sr. for personal injury, presented and
Department of Transportation TEA-21 Grant in
68 Regular Session, March 3, 2003
amounts equal to the amounts of his contracts, Rip Row Valley – Ball Field Development
less any retained percentage provided for Project: City Manager recommending approval
therein. of a new final estimate of $120,052.89 for the
rd
Passed, approved and adopted this 3 day of Rip Row Valley Ball Field Development Project,
March, 2003. presented and read. Buol moved that the
Terrance M. Duggan, Mayor communication be received and filed. Seconded
Attest: Jeanne F. Schneider, CMC, City Clerk by Cline. Motion carried 7-0.
Buol moved adoption of the Resolution.
RESOLUTION NO. 64-03
Seconded by Cline. Motion carried 7-0.
RESOLUTION RESCINDING RESOLUTION
RESOLUTION NO. 63-03 NUMBER 526-02, SETTING THE FINAL
FINAL ESTIMATE ESTIMATE FOR THE RIP ROW VALLEY BALL
FIELD DEVELOPMENT PROJECT
Whereas, the contracts for the Burlington
Northern Railroad Depot Restoration Project, Whereas, by Resolution No. 526-02, the City
Contract No. 2 - General Demolition and Council set the final estimate for the Rip Row
Contract No. 5 - Steel have been completed and Valley Ball Field Development Project; and
the City Engineer has submitted his final Whereas, subsequent events necessitate a
estimates showing the costs thereof including different final estimate.
the cost of estimates, notices and inspection and NOW THEREFORE BE IT RESOLVED BY
all miscellaneous costs. THE CITY COUNCIL OF THE CITY OF
NOW THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA:
THE CITY COUNCIL OF THE CITY OF Section 1. That Resolution Number 526-02 is
DUBUQUE, IOWA: rescinded.
Section 1. That the costs of said improvement Passed, approved and adopted this 3rd day of
of the Burlington Northern Railroad Depot March, 2003.
Restoration Project hereby determined to be Terrance M. Duggan, Mayor
$38,000.00 for Contract No. 2 – General Attest: Jeanne F. Schneider, City Clerk
Demolition and $87,625.57 for Contract No. 5 - Buol moved adoption of the Resolution.
Steel and the said amounts shall be paid from Seconded by Cline. Motion carried 7-0.
funding of the Dubuque County Historical
RESOLUTION NO. 65-03
Society and the Iowa Department of
FINAL ESTIMATE
Transportation TEA-21 Grant.
rd
Passed, approved and adopted this 3 day of WHEREAS, the contract for the RIP ROW
March, 2003. VALLEY, BALL FIELD DEVELOPMENT
Terrance M. Duggan, Mayor PROJECT has been completed and the
Attest: Jeanne F. Schneider, CMC, City Clerk Engineer has submitted his final estimate
Buol moved adoption of the Resolution. showing the cost thereof including the cost of
Seconded by Cline. Motion carried 7-0. estimates, notices and inspection and all
miscellaneous costs;
Grand River Excursion: Communication from NOW, THEREFORE, BE IT RESOLVED, BY
Congressman Jim Nussle in support of the THE CITY COUNCIL OF THE CITY OF
Grand River Excursion, presented and read. DUBUQUE, IOWA:
Buol moved that the communication be received Section 1. That the cost of said improvement
and filed. Seconded by Cline. Motion carried 7-is hereby determined to be $120,052.89, and the
0. said amount shall be paid from the General
Fund of the City of Dubuque, Iowa.
Tax Increment Financing Funding: Passed, approved and adopted this 3rd day of
Communication from City Manager Michael C. March, 2003
Van Milligen to area legislators regarding the Terrance M. Duggan, Mayor
possible elimination of tax increment financing Attest: Jeanne F. Schneider, City Clerk
funding, presented and read. Buol moved that Buol moved adoption of the Resolution.
the communication be received and filed. Seconded by Cline. Motion carried 7-0.
Seconded by Cline. Motion carried 7-0.
Rip Row Valley – Utilities Extension Project:
Bluff Land Protective Measures: City Manager recommending approval of a new
Communication from City Manager advising that final estimate of $92,309.24 for the Rip Row
he will have information regarding Bluff Land Valley Utilities Extension Project, presented and
Protective Measures for the April 7, 2003 read. Buol moved that the communication be
meeting, presented and read. Buol moved that received and filed. Seconded by Cline. Motion
the communication be received and filed. carried 7-0.
Seconded by Cline. Motion carried 7-0.
Regular Session, March 3, 2003 69
RESOLUTION NO. 66-03 RESOLUTION NO. 68-03
RESOLUTION RESCINDING RESOLUTION ADOPTING SUPPLEMENT NO. 57 TO THE
NUMBER 522-02, SETTING THE FINAL CODE OF ORDINANCES OF THE CITY OF
ESTIMATE FOR THE RIP ROW VALLEY DUBUQUE, IOWA
UTILITIES EXTENSION PROJECT
Whereas, under date of July 17, 1989, the City
Whereas, by Resolution No. 522-02, the City Council, pursuant to Ordinance No. 34-89,
Council set the final estimate for the Rip Row readopted the Code of Ordinances of the City of
Valley Utilities Extension; and Dubuque, Iowa for ordinances adopted up to
Whereas, subsequent events necessitate a and including December 19, 1988; and
different final estimate. Whereas, since December 19, 1988 the City
NOW THEREFORE BE IT RESOLVED BY Council of the City of Dubuque, Iowa has
THE CITY COUNCIL OF THE CITY OF adopted certain ordinances amending the Code
DUBUQUE, IOWA: of Ordinances and said amendments have been
Section 1. That Resolution Number 522-02 is printed as supplements to the Code of
rescinded. Ordinances; and
Passed, approved and adopted this 3rd day of Whereas, Section 380.8 of the Code of
March, 2003. Ordinances provides that supplements by
Terrance M. Duggan, Mayor resolution, become part of the Code of
Attest: Jeanne F. Schneider, City Clerk Ordinances.
Buol moved adoption of the Resolution. NOW THEREFORE BE IT RESOLVED BY
Seconded by Cline. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
RESOLUTION NO. 67-03
Section 1. That Supplement No. 57 of the
FINAL ESTIMATE
Code of Ordinances of the City of Dubuque,
Whereas, the contract for the RIP ROW Iowa, covering Ordinances through Ordinance
VALLEY UTILITIES EXTENSION PROJECT No. 1-03 enacted through January 6, 2003 and
has been completed and the Engineer has prepared by the Sterling Codifiers, Inc, Coeur D’
submitted his final estimate showing the cost Alene, ID hereto filed in the Office of the City
thereof including the cost of estimates, notices Clerk of the City of Dubuque, Iowa be and is
and inspection and all miscellaneous costs; hereby adopted and becomes part of the Code
NOW, THEREFORE, BE IT RESOLVED, BY of Ordinances of the City of Dubuque, Iowa.
THE CITY COUNCIL OF THE CITY OF Passed, approved and adopted this 3rd day of
DUBUQUE, IOWA: March, 2003.
Section 1. That the cost of said improvement Terrance M. Duggan, Mayor
is hereby determined to be $93,309.24, and the Attest: Jeanne F. Schneider, City Clerk
said amount shall be paid from the Water and Buol moved adoption of the Resolution.
Sewer Funds of the City of Dubuque, Iowa. Seconded by Cline. Motion carried 7-0.
Passed, approved and adopted this 3rd day of
March, 2003. Federal Emergency Management Agency:
Terrance M. Duggan, Mayor Congressman Jim Nussle providing a response
Attest: Jeanne F. Schneider, City Clerk from Richard Hainje, Regional Director of the
Buol moved adoption of the Resolution. Federal Emergency Management Agency,
Seconded by Cline. Motion carried 7-0. regarding the City’s request for financial
assistance to acquire a structure that was
Swimming Pool Concession Agreement: City substantially damaged during the June 2002
Manager recommending approval of a flood event, presented and read. Buol moved
concession agreement with Baseball Dreamers that the communication be received and filed.
to operate the concession stands at Flora and Seconded by Cline. Motion carried 7-0.
Sutton swimming pools, presented and read.
Buol moved that the communication be received Mesaba Aviation, Inc. Notice of Termination:
and filed and approved agreement. Seconded A notice from Mesaba Aviation, Inc. advising of
by Cline. Motion carried 7-0. their intent to terminate service at Dubuque,
Iowa effective May 13, 2003, presented and
Code of Ordinance Supplement No. 57: City read. Buol moved that the communication be
Manager recommending adoption of received and filed. Seconded by Cline. Motion
Supplement No. 57 to the Code of Ordinances carried 7-0.
of the City of Dubuque, presented and read.
Buol moved that the communication be received Save America’s Treasures Grant Application:
and filed. Seconded by Cline. Motion carried 7-City Manager recommending approval of the
0. submission of a grant application for $250,000
Save America’s Treasures
from the program for
restoration and interpretation of the Dubuque
70 Regular Session, March 3, 2003
Shot Tower, presented and read. Buol moved assessing the extent of free product at the
that the communication be received and filed. groundwater table; and
Seconded by Cline. Motion carried 7-0. Whereas, the License Agreement Right-of-
Entry for Site Assessment has been prepared
RESOLUTION NO. 69-03
outlining the responsibilities of RMT, Inc. in the
RESOLUTION AUTHORIZING SUBMITTAL OF
installation of the monitoring wells on public
A GRANT APPLICATION FOR THE
right-of-way; and
DUBUQUE SHOT TOWER.
Whereas, the performance of the activities of
Whereas, the National Park Service makes RMT, Inc. will be at no cost or expense to the
historic preservation grants of up to $250,000 City, and all work will be performed by the
available to preserve nationally significant Licensee, or its employees, agents or
historic structures; and subcontractors; and
Whereas, the City of Dubuque has sufficient Whereas, it is the desire of the City Council to
Save America’s
matching funds for the enter into said License Agreement for the
Treasures
grant program; and installation of monitoring wells in the public right-
Whereas, the City and State of Iowa have of-way as requested.
determined that the Dubuque Shot Tower is NOW, THEREFORE, BE IT RESOLVED BY
nationally significant; and THE CITY COUNCIL OF THE CITY OF
Whereas, the City has developed a plan for DUBUQUE, IOWA:
the restoration and interpretation of the Dubuque Section 1. The License Agreement for Right-
Shot Tower. of-Entry for Site Assessment be and the same is
NOW THEREFORE, BE IT RESOLVED BY hereby approved.
THE CITY COUNCIL OF THE CITY OF Section 2. That the Mayor be and is hereby
DUBUQUE, IOWA: authorized to execute said License Agreement
Section 1. The Mayor hereby is authorized to for and on behalf of the City Council.
rd
Save America’s Treasures
sign the grant Passes, approved and adopted this 3 day of
application for the Dubuque Shot Tower on March, 2003.
behalf of the City of Dubuque. Terrance M. Duggan, Mayor
Section 2. The Planning Services Manager is Attest: Jeanne F. Schneider, CMC, City Clerk
hereby authorized to submit the grant Buol moved adoption of the Resolution.
application to the National Park Service. Seconded by Cline. Motion carried 7-0.
Section 3. The City Manager is hereby
authorized to expend budgeted funds for the Iowa Department of Economic Development:
local match of $250,000. Communication from the Iowa Department of
rd
Passed, approved and adopted this 3 day of Economic Development advising that the review
March 2003. of the first phase of the City’s HOME Partnership
Terrance M. Duggan, Mayor Program has been completed and has been
Attest: Jeanne F. Schneider, City Clerk found to be in substantial compliance with
Buol moved adoption of the Resolution. financial and program requirements, presented
Seconded by Cline. Motion carried 7-0. and read. Buol moved that the communication
be received and filed. Seconded by Cline.
Monitoring Well Installation – RMT, Inc.: City Motion carried 7-0.
Manager recommending approval of a request
from RMT, Inc. to install temporary monitoring Historic Preservation Commission: Suzanne
wells within City right-of-way at the area M. Guinn submitting her resignation as the
surrounding the former Amoco facility of 351 Jackson Park Representative on the Historic
Dodge Street, presented and read. Buol moved Preservation Commission, presented and read.
that the communication be received and filed. Buol moved that the communication be received
Seconded by Cline. Motion carried 7-0. and filed. Seconded by Cline. Motion carried 7-
0.
RESOLUTION NO. 70-03
RESOLUTION AUTHORIZING LICENSE
Chamber Foundation Request: Communi-
AGREEMENT BETWEEN THE CITY OF
cation from City Manager to the Dubuque
DUBUQUE AND RMT, INC. TO INSTALL
Racing Association Grant Committee in support
MONITORING WELLS ON PUBLIC RIGHT-OF-
of the Chamber Foundation grant request to
WAY AT THE FORMER AMOCO SITE OF 351
update technology in the Chamber of Commerce
DODGE
Boardroom, presented and read. Buol moved
Whereas, RMT, Inc. on behalf of BP Amoco that the communication be received and filed.
Co. has requested permission from the City of Seconded by Cline. Motion carried 7-0.
Dubuque to install temporary monitoring wells
on City right-of-way at the former Amoco site of George W. Rogers Company Shot Tower:
351 Dodge in Dubuque, Iowa for the purpose of Communication from the State Historical Society
Regular Session, March 3, 2003 71
of Iowa advising that the George W. Rogers That the Manager be authorized to cause to be
Company Shot Tower, located at Commercial issued the following named applicants a Liquor
Street and River Front, has been accepted for License.
nomination to the National Register of Historic CLASS “B” (HOTEL/MOTEL) LIQUOR
Places by the State Nomination Review Dubuque Lodging, Inc Days Inn+
Committee, presented and read. Buol moved (Sunday/Outdoor Sale) 1111 Dodge St
that the communication be received and filed. CLASS “C” BEER/LIQUOR LICENSE
Seconded by Cline. Motion carried 7-0. Fraternal Order of Eagles Eagles Club #568 +
(Sunday Sales) 1175 Century Dr
Senate File 129: Communication from the City Lana LuGrain P.J.’s Tap +
Manager to area legislators in support of the (Sunday Sales) 500 Rhomberg Av
creation of a commission to review and Dubuque Racing Association DBQ Greyhound
recommend changes to the State’s tax system, Park / Casino+(Sunday/Outdoor)
presented and read. Buol moved that the 1855 Greyhound Prk
communication be received and filed. Seconded Yardarm, Inc Yardarm Restaurant/Bar+
by Cline. Motion carried 7-0. (Sunday/Outdoor Sales) 1202 Shiras Ext.
Rafters, Inc. Rafters +
Business Licenses: ( Sunday/Outdoor Sales) 2728 Asbury Rd
CLASS “B” WINE
RESOLUTION NO. 71-03
Nash Finch Company Econo Foods # 471
BEER
3355 JFK Rd
Whereas, applications for Beer Permits have Passed, approved and adopted this 3rd day of
been submitted and filed to this Council for March, 2003.
approval and the same have been examined Terrance M. Duggan, Mayor
and approved: and Attest: Jeanne F. Schneider, CMC, City Clerk
Whereas, the premises to be occupied by Buol moved adoption of the Resolution, with
such applicants were inspected and found to conditional approval for Rafters contingent upon
comply with the Ordinances of the City and have completion of inspections. Seconded by Cline.
filed proper bonds Motion carried 7-0.
NOW, THEREFORE, BE IT RESOLVED BY
ITEMS TO BE SET FOR PUBLIC HEARING
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be Vacating Request – Alley Between Bryant and
issued the following named applicants a Beer Ramona Streets: City Manager recommending
Permit. that a public hearing be set for March 17, 2003
CLASS “B” BEER PERMIT (6 MONTHS) to consider a request from the Dubuque
Baseball Dreamers, LLC Baseball Dreamers+ Community School District to vacate the alley
(Sunday/Outdoor Sale) Admiral Sheehy Dr between Bryant and Ramona Streets from Mt.
CLASS “C” BEER PERMIT Loretta Avenue 148 feet south, presented and
Nash Finch Company Econo Foods # 471+ read. Buol moved that the communication be
(Sunday Sale) 3355 JFK Rd. received and filed. Seconded by Markham.
Passed, approved and adopted this 3rd day of Motion carried 7-0.
March, 2003.
RESOLUTION NO. 73-03
Terrance M. Duggan, Mayor
RESOLUTION APPROVING PLAT OF
Attest: Jeanne F. Schneider, CMC, City Clerk
PROPOSED VACATED ALLEY BETWEEN
Buol moved adoption of the Resolution.
BRYANT AND RAMONA FROM MT.
Seconded by Cline. Motion carried 7-0.
LORETTA AVENUE 148 FEET SOUTH
RESOLUTION NO. 72-03
Whereas, there has been presented to the City
Whereas, applications for Liquor Licenses Council of the City of Dubuque, Iowa, a plat
th
have been submitted to this Council for approval dated 14 day of February, 2003, prepared by
and the same have been examined and IIW Engineers & Surveyors, P.C., describing the
approved; and proposed vacated alley between Bryant and
Whereas, the premises to be occupied by such Ramona from Mt. Loretta Avenue 148 feet
applicants were inspected and found to comply south; and
with the State Laws and all City Ordinances Whereas, said plat conforms to the laws and
relevant thereto and they have filed proper statutes pertaining thereto.
bonds. NOW THEREFORE, BE IT RESOLVED BY THE
NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF DUBUQUE,
THE CITY COUNCIL OF THE CITY OF IOWA:
th
DUBUQUE, IOWA: Section 1: That the plat dated 14 day of
February, 2003, prepared by IIW Engineers &
72 Regular Session, March 3, 2003
Surveyors, P.C., relative to the real estate NOW THEREFORE, BE IT ORDAINED BY
hereinabove described be and the same is THE CITY COUNCIL OF THE CITY OF
hereby approved, and the Mayor and City Clerk DUBUQUE, IOWA:
be and they are hereby authorized and directed Section 1. That the real estate described as
to execute said plat for and on behalf of the City Lot 1A and Lot 3A in Columbia Addition, in the
of Dubuque, Iowa. City of Dubuque, Dubuque County, Iowa, be and
Section 2. The City of Dubuque reserves unto the same is hereby vacated.
itself a perpetual easement including the right of Section 2. The City of Dubuque reserves unto
ingress and egress thereto, for the purpose of itself a perpetual easement including the right of
erecting, installing, constructing, reconstructing, ingress thereto, for the purpose of erecting,
repairing, owning, operating, and maintaining installing, constructing, reconstructing, repairing,
water, sewer, drainage, gas, telephone, t.v. owning, operating, and maintaining water,
cable, and electric lines as may be authorized by sewer, drainage, gas, telephone, t.v. cable, and
the City of Dubuque, Iowa, as shown on the Plat electric lines as may be authorized by the City of
of Survey of Lot 1A and Lot 3A in Columbia Dubuque, Iowa as shown on the Plat of Survey
Addition in the City of Dubuque, Dubuque of Lot 1A and Lot 3A in Columbia Addition, in the
County, Iowa. City of Dubuque, Dubuque County, Iowa.
rd
Section 3. That the City Clerk be and is hereby Passed, approved and adopted this 3 day of
authorized and directed to file said plat and March, 2003.
certified copy of this resolution in the office of Terrance M. Duggan, Mayor
the Recorder, in and for Dubuque County, Iowa. Attest: Jeanne F. Schneider, CMC, City Clerk
rd
Passed, approved and adopted this 3 day of Published officially in the Telegraph Herald
March, 2003. newspaper this 7th day of March, 2003.
Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk
Attest: Jeanne F. Schneider, CMC, City Clerk 1t 3/7
Buol moved adoption of the Resolution. Buol moved that the requirement that a
Seconded by Markham. Motion carried 7-0. proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
An Ordinance Vacating the alley between the meeting at which it is to be finally passed be
Bryant and Ramona from Mt. Loretta Avenue suspended and further moved final
148 feet south, presented and read. consideration and passage of the Ordinance.
Seconded by Markham. Motion carried 7-0.
OFFICIAL PUBLICATION
RESOLUTION NO. 74-03
ORDINANCE NO. 16-03
RESOLUTION OF INTENT TO DISPOSE OF
ORDINANCE VACATING THE ALLEY
CITY INTEREST IN Lot 1A AND LOT 3A IN
BETWEEN BRYANT AND RAMONA FROM
COLUMBIA ADDITION IN THE CITY OF
MT. LORETTA AVENUE 148 FEET SOUTH
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Dubuque Community Schools has
Whereas, the Dubuque Community Schools
requested the vacating of the alley between
has requested the vacating the alley between
Bryant and Ramona from Mt. Loretta Avenue
Bryant and Ramona from Mt. Loretta Avenue
148 feet south; and
148 feet south; and
Whereas, IIW Engineers & Surveyors, P.C.,
Whereas, IIW Engineers & Surveyors, P.C.,
has prepared and submitted to the City Council
has prepared and submitted to the City Council
a plat showing the vacated portion of the alley
a plat showing the vacated portion of the alley
between Bryant and Ramona from Mt. Loretta
between Bryant and Ramona from Mt. Loretta
Avenue 148 feet south and assigned lot
Avenue 148 feet south and assigned lot
numbers thereto, which hereinafter shall be
numbers thereto, which hereinafter shall be
known and described as Lot 1A and Lot 3A in
known and described as Lot 1A and Lot 3A in
Columbia Addition in the City of Dubuque,
Columbia Addition in the City of Dubuque,
Dubuque County, Iowa;
Dubuque County, Iowa; and
Whereas, the City Council of the City of
Whereas, the City Council of the City of
Dubuque, Iowa has determined that the alley
Dubuque, Iowa has determined that this alley
between Bryant and Ramona from Mt. Loretta
between Bryant and Ramona from Mt. Loretta
Avenue 148 feet south is no longer required for
Avenue 148 feet south is no longer required for
public use, except for utility easements as noted,
public use, except for utility easements as noted,
and vacating of said portions of the alley
and vacating and sale of said portions of alleys
between Bryant and Ramona from Mt. Loretta
and streets known as Lot 1A and Lot 3A in
Avenue 148 feet south known as Lot 1A and Lot
Columbia Addition in the City of Dubuque,
3A in Columbia Addition in the City of Dubuque,
Dubuque County, Iowa, should be approved.
Dubuque County, Iowa, should be approved.
Regular Session, March 3, 2003 73
NOW THEREFORE, BE IT RESOLVED BY Whereas, MCCIowa, L.L.C. (Mediacom) is the
THE CITY COUNCIL OF THE CITY OF current holder of a cable services franchise,
DUBUQUE, IOWA: embodied in Ordinance No. 42-81, as modified
Section 1. That the City of Dubuque intends to by a series of waivers and side agreements, and
dispose of its interest in Lot 1A and Lot 3A in acquired from TCI of Iowa, Inc. via a transfer
Columbia Addition in the City of Dubuque, approved by the Dubuque City Council on June
Dubuque County, Iowa. 18, 2001; and
Section 2. That the conveyance of Lot 1A in Whereas, one of the side agreements is a
Columbia Addition in the City of Dubuque, lease to Mediacom to build and maintain a
Dubuque County, Iowa, to the Dubuque network hub on City-owned property located at
Community Schools be contingent upon the 1585 West Third Street in Dubuque; and
payment of platting, publication, filing fees, and Whereas, the terms of the franchise and of the
the dedication of a 10-foot strip along the south lease will expire March 31, 2003; and
right-of-way line of Mt. Loretta Avenue from Whereas, representatives of the City of
Bryant Street to Ramona Street. Dubuque and of Mediacom have entered into
Section 3. That the conveyance of Lot 3A in good faith negotiation of terms and conditions
Columbia Addition in the City of Dubuque, for the renewal of the franchise and the lease.
Dubuque County, Iowa, to Janaan D. Hanten be NOW, THEREFORE, BE IT RESOLVED BY
at no cost. THE CITY COUNCIL OF THE CITY OF
Section 4. The City of Dubuque reserves unto DUBUQUE, IOWA:
itself a perpetual easement including the right of Section 1. That the City of Dubuque intends to
ingress and egress thereto, for the purpose of extend the term of the cable services franchise
erecting, installing, constructing, reconstructing, and the term of the lease to June 30, 2003
repairing, owning, operating, and maintaining under the same terms and conditions as
water, sewer, drainage, gas, telephone, t.v. currently in effect; and
cable, and electric lines as may be authorized by Section 2. That the City Clerk is hereby
the City of Dubuque, Iowa as shown on the Plat authorized and directed to cause notices to be
of Survey of Lot 1A and Lot 3A in Columbia published of the proposed extension in the
Addition in the City of Dubuque, Dubuque manner prescribed by law.
County, Iowa. Passed, approved and adopted this 3rd day of
Section 5. That the City Clerk be and is hereby March, 2003.
authorized and directed to cause a notice of Terrance M. Duggan, Mayor
intent to dispose of said real estate to be Attest: Jeanne F. Schneider, City Clerk
published in the manner as prescribed by law. Buol moved adoption of the Resolution and set
rd
Passed, approved and adopted this 3 day of the public hearing for 3/17/03 at a meeting to
March, 2003. commence at 6:30 P.M. in the public library
Terrance M. Duggan, Mayor auditorium and that the City Clerk publish notice
Attest: Jeanne F. Schneider, CMC, City Clerk in the manner prescribed by law. Seconded by
Buol moved adoption of the Resolution and set Markham. Motion carried 7-0.
the public hearing for 3/17/03 at a meeting to
BOARDS/COMMISSIONS
commence at 6:30 P.M. in the public library
auditorium and that the City Clerk publish notice
in the manner prescribed by law. Seconded by Applicants are invited to address the Council
Markham. Motion carried 7-0. regarding their desire to serve on the following
Boards/Commissions:
Mediacom Franchise Extension: City Manager Historic Preservation Commission(One
recommending that a public hearing be set for unexpired three-year term representing the Old
March 17, 2003 to consider an additional short-Main District through 7/1/05 and one unexpired
term extension through June 30, 2003 of the three-year term representing the Jackson Park
existing Mediacom cable franchise and side District through 7/1/04): Applicant: Mary Loney
agreements under the terms currently in effect, Bichell (Jackson Park District). Ms. Bichell
presented and read. Buol moved that the spoke requesting consideration for appointment.
communication be received and filed. Seconded Housing Commission (One unexpired three-
by Markham. Motion carried 7-0. year term through 8/17/04): Applicant:Joseph
Suarez. Mr. Suarez spoke requesting
RESOLUTION NO. 75-03
consideration for appointment.
A RESOLUTION OF THE CITY'S INTENT TO
Zoning Board of Adjustment (One five-year
GRANT A SHORT-TERM EXTENSION OF AN
term through 3/25/08 – term of Urell): Applicant:
EXISTING CABLE SERVICES FRANCHISE
Jim Urell. No one spoke.
AND AN EXISTING HUB SITE LEASE TO
Appointments to the following Commission:
MCCIOWA L.L.C.
Community Development Advisory Com-
mission (Three unexpired three-year terms
74 Regular Session, March 3, 2003
representing Census Tracts 2, 3 and 5; one Nelson Klavitter, Vice President of Operations
three-year term through 2/15/06 representing of Heartland Financial USA, spoke thanking the
Census Tract 1 – term of Isenhart): Applicant: Council and Staff for their support in this project.
Chuck Isenhart. Markham moved that Mr.
RESOLUTION 76-03
Isenhart be reappointed to the three-year term
A RESOLUTION AUTHORIZING A
which will expire 2/15/06. Seconded by
COMMITMENT LETTER AND THE
Michalski. Motion carried 7-0.
EXECUTION OF A COMMUNITY DEVELOP-
ACTION ITEMS MENT BLOCK GRANT LOAN OF FIVE
HUNDRED THOUSAND DOLLARS ($500,000)
TO HEARTLAND FINANCIAL USA, INC.
U.S. 20 Bridge: Request of David Wm. Rusk
to address the Council regarding the design for Whereas, under provisions of Title I of the
the new U.S. 20 Bridge; Communication from Housing and Community Development Act of
the Long Range Planning Advisory Commission 1974, as amended, the City of Dubuque has
regarding the Julien Dubuque Bridge design; received Community Development Block Grant
Communication from the Historic Preservation Funds for the purpose of stimulating economic
Commission regarding the Julien Dubuque development activities within the community;
Bridge design; Communication from John Hess, and
Chairperson of the Dubuque County Historic Whereas, the City of Dubuque, Iowa desires to
Preservation Commission regarding the design assist the further expansion of Heartland
of the proposed bridge across the Mississippi Financial USA, Inc. and to create new
River, presented and read. permanent employment opportunities for low
David Rusk, Chair of the Long Range Planning and moderate income citizens; and
Commission, gave a presentation and spoke Whereas, a Commitment Letter, hereto
urging the Council to consider supporting a U.S. attached and by this reference made a part
20 bridge design that would be identical to the hereof, sets forth the terms and conditions of
present design of the Julien Dubuque Bridge. Heartland Financial USA, Inc.'s participation in
Mayor Duggan and the Council stated that the the City's CDBG Economic Development Loan
Iowa and Illinois Departments of Transportation Program.
had already made their decision for the tied tier NOW, THEREFORE, BE IT RESOLVED BY
design for the bridge. THE CITY COUNCIL OF THE CITY OF
Nicholson moved to receive and file the DUBUQUE, IOWA:
communications. Seconded by Michalski. Section 1. That the Mayor is hereby
Motion carried 7-0. authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, the
NPDES Permit Application: City Manager attached Commitment Letter and to forward said
recommending approval of the submission of the letter to Heartland Financial USA, Inc.
City of Dubuque’s NPDES Phase II municipal Section 2. That the City Manager be and he is
separate storm sewer system (MS4) application hereby directed to prepare, upon receipt and
to the Iowa Department of Natural Resources, acknowledgment of the attached Commitment
and communication from the Environmental Letter by the Company, the necessary loan
Stewardship Advisory Commission thanking City documents in accordance with the terms and
staff and the City Council for the opportunity to conditions set forth in said Commitment Letter.
be involved and to offer input regarding the Section 3. That the City Manager is hereby
NPDES permit application, presented and read. authorized to execute, on behalf of the City
Markham moved that the communications be Council of the City of Dubuque, Iowa, all
received and filed and approved submittal of the necessary loan documents and is further
application. Seconded by Connors. Motion authorized to disburse loan funds from the
carried 7-0. CDBG Economic Development Loan Program,
in accordance with the terms and conditions of
Community Development Block Grant the executed agreement.
Economic Development Loan to Heartland Passed, approved and adopted this 3rd day of
Financial USA, Inc.: City Manager March, 2003.
recommending approval of a Community Terrance M. Duggan, Mayor
Development Block Grant (CDBG) Economic Attest: Jeanne F. Schneider, City Clerk
Development Loan to Heartland Financial USA, Markham moved adoption of the Resolution.
Inc. to assist in the renovation and expansion of Seconded by Cline. Motion carried 7-0.
the former Walsh Store building, presented and
PUBLIC INPUT
read. Markham moved that the communication
be received and filed. Seconded by Cline.
Motion carried 7-0. Fabian Yaklin, 1550 Clarke Drive, spoke and
distributed a proposed Resolution against U.S.
Regular Session, March 3, 2003 75
military intervention in Iraq and requested
Council endorsement of it. Approved:__________________________2003
Jerry Oakland, 1722 Churchill, spoke in
support of the proposed resolution. Adopted:___________________________2003
Joe Melssen spoke against the proposed
resolution.
Michalski thanked Mr. Yaklin for coming ______________________________________
forward but stated no action could be taken at Mayor
this meeting.
______________________________________
There being no further business, Michalski
moved to adjourn. Seconded by Connors. ______________________________________
Motion carried 7-0. The meeting adjourned at
7:54 P.M. ______________________________________
/s/ Jeanne F. Schneider, CMC ______________________________________
City Clerk
1t 3/12 ______________________________________
______________________________________
Council Members
Attest:
______________________________________
City Clerk
76 Special Session, March 5, 2003
DUBUQUE
lowest bids for the furnishings of all labor and
materials and performing the work as provided
CITY COUNCIL
for in the plans and specifications.
OFFICIAL
NOW THEREFORE, BE IT RESOLVED BY
PROCEEDINGS
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
City Council, Special Session, Wednesday,
Section 1. That contracts for the above
March 5, 2003
improvement projects be awarded as follows,
Council met at 5:00 P.M. in the Public Library
subject to the concurrence by the Iowa
Auditorium
Department of Transportation:
Contract No. 1
Present: Mayor Duggan, Council Members
Conlon Construction Co. 3,500.00
Buol, Cline, Connors, Markham, Michalski,
Wood Piers & Decking
Nicholson, Assistant City Manager Cindy
With Alternate Contract No. 2
Steinhauser, Corporation Counsel Barry Lindahl.
Tricon Construction $77,100.00
Wood Framing & Railings
Mayor Duggan read the call and stated this is
Total $150,600.00
a special session of the City Council called for
Section 2. That upon the signing of said
the purpose of acting upon the awarding of
contract and the approval of the contractor’s
contracts for the Mississippi River Discovery
bond, the City Treasurer is authorized and
Center Wetland – Site Package II Interior
instructed to return the bid deposits of the
Walkways Project and also to act upon the
unsuccessful bidders.
th
purchase of property at 2521 Stafford Street.
Passed, approved and adopted this 5 day of
March, 2003.
Mississippi River Discovery Center Wetland –
Terrance M. Duggan, Mayor
Site Package Interior Walkway Project: Proof of
Attest: Karen M. Chesterman, Deputy City Clerk
publication on notice to bidders and City
Nicholson moved adoption of the Resolution.
Manager recommending award of Contract #1 –
Seconded by Michalski. Motion carried 7-0.
Wood Piers and Decking and Contract #2 –
Wood Framing and Railings for the Mississippi
Purchase of property at 2521 Stafford by City
River Discovery Center Wetland – Site Package
Housing and Community Development
Interior Walkway Project, presented and read.
Department: City Manager recommending City
Nicholson moved that the proof and
purchase property at 2521 Stafford, presented
communication be received and filed. Seconded
and read. Cline moved that the communication
by Michalski. Motion carried 7-0.
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
Jerry Enzler, Executive Director of the
Dubuque Historical Society, spoke clarifying this
RESOLUTION NO. 78-03
project and its bidding history.
A RESOLUTION APPROVING THE ACQUIS-
ITION OF REAL ESTATE LOCATED AT 2521
RESOLUTION NO. 77-03
STAFFORD STREET, IN THE CITY OF
AWARDING CONTRACTS FOR THE
DUBUQUE
MISSISSIPPI RIVER DISCOVERY CENTER
Whereas, The City of Dubuque has a secured
WETLAND – SITE PACKAGE II, INTERIOR
interest in a property at 2521 Stafford Street;
WALKWAYS PROJECT - NO. 1 (WOOD
and
PIERS & DECKING, INCLUDING ALTERNATE
Whereas, this interest is subordinate to a first
COMPONENT) AND NO. 2 (WOOD FRAMING
mortgage and will be otherwise lost due to a
& RAILING)
legal action to cause forfeiture.
Whereas, sealed proposals have been
NOW, THEREFORE, BE IT RESOLVED BY
submitted by contractors for the Mississippi
THE CITY COUNCIL OF THE CITY OF
River Discovery Center Wetland – Site Package
DUBUQUE, IOWA:
II, Interior Walkways Project, Contract No. 1
Section 1. That the City of Dubuque hereby
(Wood Piers & Decking, Including Alternate
approves the acquisition of the following legally
Component) and Contract No. 2 (Wood Framing
described property:
& Railing), pursuant to Resolution No. 54-03 and
Lot Two (2) of Lot One (1), and the East One-
notice to bidders published in a newspaper
half (E1/2) of Lot Four (4) of Lot Two (2), both in
published in the City of Dubuque, Iowa on the
Geiger’s Subdivision, in the City of Dubuque,
19th day of February, 2003.
County of Dubuque, Iowa, according to the
Whereas, said sealed proposals were opened
recorded plats thereof.
and read on the 4th day of March, 2003, and it
At the cost of sixty-four thousand five hundred-
has been determined that the bid of the following
six dollars 64 506).
contractors in the amounts specified were the
Special Session, March 5, 2003 77
Section 2. That the City of Dubuque be and is
hereby authorized and directed to accept a Quit Approved:__________________________2003
Claim deed from the owner, conveying the
owner’s interest to the City of Dubuque, Iowa for Adopted:___________________________2003
the herein described real estate.
Section 3. That the City Clerk be and she is
hereby authorized and directed to cause said ______________________________________
Quit Claim Deed to be recorded in the office of Mayor
the Dubuque County Recorder, together with
certified copy of this Resolution. ______________________________________
Section 4. That the City Clerk be and she is
hereby directed to forward a copy of this ______________________________________
Resolution to the Dubuque County Assessor
and the Dubuque County Auditor. ______________________________________
th
Passed, approved and adopted this 5 day of
March, 2003. ______________________________________
Terrance M Duggan, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk______________________________________
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0. ______________________________________
Council Members
There being no further business, Nicholson
moved to adjourn. Seconded by Cline. Motion Attest:
carried 7-0. The meeting adjourned 5:02 P.M.
______________________________________
/s/ Karen M. Chesterman City Clerk
Deputy City Clerk
1t 3/12
78 Regular Session, March 17, 2003
DUBUQUE
Corporation Counsel recommending denial of
the claim of John Schreiber for property
CITY COUNCIL
damage, presented and read. Buol moved that
OFFICIAL
the communication be received and filed and
PROCEEDINGS
concurred. Seconded by Nicholson. Motion
carried 7-0.
City Council, Regular Session, March 17, 2003
Council met in Regular Session at 6:30 P.M. in
Friends of “Continuum” Committee: Commu-
the Library Auditorium
nication and petition from Janet Young and Jan
Oswald submitting suggestions for placement of
Present: Mayor Duggan, Council Members
the “Continuum,” presented and read.
Buol, Cline, Connors, Markham, Michalski,
Nicholson moved that the communication be
Nicholson, City Manager Michael Van Milligen,
received and filed. Seconded by Buol. Motion
Corporation Counsel Barry Lindahl.
carried 7-0.
Mayor Duggan read the call and stated this is
Hotel/Conference Center Parking Lots and
a regular session of the City Council called for
Fifth Street Construction Project – Acceptance:
the purpose of discussing such matters which
City Manager recommending acceptance of the
may properly come before the City Council.
Hotel/Conference Center Parking Lots and Fifth
Street Construction Project in the final contract
Invocation was given by Father Paul Otting,
amount of $1,149,073.84, presented and read.
Pastor of Holy Ghost Catholic Church.
Buol moved that the communication be received
and filed. Seconded by Nicholson. Motion
CONSENT ITEMS
carried 7-0.
RESOLUTION NO. 78A-03
Minutes Submitted: Cable TV Regulatory
Commission of 1/8 and 2/1; Cable TV ACCEPTING IMPROVEMENT
Teleprogramming Commission of 3/4; City
Whereas, the contract for the Hotel/Conference
Council of 2/26, 2/27, 3/3 and 3/5; Civil Service
Center Parking Lots & Fifth Street Construction
Commission of 2/6; Housing Commission of
Project has been completed and the City
1/28; Human Rights Commission of 1/13 and
Manager has examined the work and filed his
2/10; Library Board of Trustees of 12/19 and
certificate stating that the same has been
1/23; Municipal Housing Agency of 2/27; Park
completed according to the terms of the
and Recreation Commission of 3/11; Zoning
contract, plans and specifications and
Advisory Commission of 2/5, presented and
recommends its acceptance.
read. Buol moved that the minutes be received
NOW THEREFORE, BE IT RESOLVED BY
and filed. Seconded by Nicholson. Motion
THE CITY COUNCIL OF THE CITY OF
carried 7-0.
DUBUQUE, IOWA:
Section 1. That the recommendation of the
Proofs of publication of City Council
City Manager be approved and that said
proceedings of 2/17, 2/20, 2/24, 2/26 and 2/27;
improvement be and the same is hereby
of the Municipal Housing Agency of 2/27; and
accepted.
the List of Claims and Summary of Revenues for
BE IT FURTHER RESOLVED that the City
month ending January 31, 2003, presented and
Treasurer be and he is hereby directed to pay to
read. Buol moved that the proofs be received
the contractor from the Fiscal Year 2003
and filed. Seconded by Nicholson. Motion
General Obligation Bonds and the Road Use
carried 7-0.
Tax Funds in amounts equal to the amount of
his contract, less any retained percentage
Finance Director submitting the City of
provided for therein.
th
Dubuque Financial Reports for the month ending
Passed, approved and adopted this 17 day of
February 28, 2003, presented and read. Buol
March, 2003.
moved that the communication and reports be
Terrance M. Duggan, Mayor
received and filed. Seconded by Nicholson.
Attest: Jeanne F. Schneider, CMC, City Clerk
Motion carried 7-0.
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Notice of Claims/Suits: Lynn Schmitz for
RESOLUTION NO. 79-03
personal injury; Teamsters Local Union No. 421
FINAL ESTIMATE
vs. City of Dubuque, presented and read. Buol
moved that the claims and suits be referred to
Whereas, the contract for the Hotel /
the Legal Staff for investigation and report.
Conference Center Parking Lots & Fifth Street
Seconded by Nicholson. Motion carried 7-0.
Construction Project has been completed and
Regular Session, March 17, 2003 79
the City Engineer has submitted his final the cost of estimates, notices and inspection and
estimate showing the cost thereof including the all miscellaneous costs;
cost of estimates, notices and inspection and all NOW, THEREFORE, BE IT RESOLVED, BY
miscellaneous costs. THE CITY COUNCIL OF THE CITY OF
NOW THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA:
THE CITY COUNCIL OF THE CITY OF Section 1. That the cost of said improvement
DUBUQUE, IOWA: is hereby determined to be $29,307.00, and the
Section 1. That the cost of said improvement said amount shall be paid from the General
is hereby determined to be $1,221,548.17 and Fund of the City of Dubuque, Iowa.
the said amount shall be paid from the Fiscal Passed, approved and adopted this 17th day
Year 2003 General Obligation Bonds and Road of March, 2003.
Use Tax Funds of the City of Dubuque, Iowa. Terrance M. Duggan, Mayor
th
Passed, approved and adopted this 17 day of Attest: Jeanne F. Schneider, City Clerk
March, 2003. Buol moved adoption of the Resolution.
Terrance M. Duggan, Mayor Seconded by Nicholson. Motion carried 7-0.1
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution. Five Flags Theater – Reroofing and Masonry
Seconded by Nicholson. Motion carried 7-0. Restoration Project – Acceptance: City
Manager recommending acceptance of the Five
Five Flags Theater – Replace East Doors Flags Theater – Reroofing and Masonry
Project – Acceptance: City Manager Restoration Project in the final contract amount
recommending acceptance of the Five Flags of $124,437, presented and read. Buol moved
Theater – Replace East Doors Project in the that the communication be received and filed.
final contract amount of $29,307, presented and Seconded by Nicholson. Motion carried 7-0.
read. Buol moved that the communication be
RESOLUTION NO. 82-03
received and filed. Seconded by Nicholson.
ACCEPTING IMPROVEMENT
Motion carried 7-0.
Whereas, the contract for the Five Flags
RESOLUTION NO. 80-03
Theater – Reroofing and Masonry Restoration
ACCEPTING IMPROVEMENT
Project has been completed and the City
Whereas, the contract for the Five Flags Manager has examined the work and filed his
Theater – Replace East Doors Project has been certificate stating that the same has been
completed and the City Manager has examined completed according to the terms of the
the work and filed his certificate stating that the contract, plans and specifications and
same has been completed according to the recommends its acceptance.
terms of the contract, plans and specifications NOW, THEREFORE, BE IT RESOLVED, BY
and recommends its acceptance. THE CITY COUNCIL OF THE CITY OF
NOW, THEREFORE, BE IT RESOLVED, BY DUBUQUE, IOWA:
THE CITY COUNCIL OF THE CITY OF 1. That the recommendation of the City
DUBUQUE, IOWA: Manager be approved and that said
1. That the recommendation of the City improvement be and the same is hereby
Manager be approved and that said accepted.
improvement be and the same is hereby BE IT FURTHER RESOLVED that the City
accepted. Treasurer be and he is hereby directed to pay to
BE IT FURTHER RESOLVED that the City the contractor from the General Fund in amount
Treasurer be and he is hereby directed to pay to equal to the amount of his contract, less any
the contractor from the General Fund in amount retained percentage provided for therein.
equal to the amount of his contract, less any Passed, approved and adopted this 17th day
retained percentage provided for therein. of March, 2003.
th
Passed, approved and adopted this 17 day of Terrance M. Duggan, Mayor
March, 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.
RESOLUTION NO. 83-03
Seconded by Nicholson. Motion carried 7-0.
FINAL ESTIMATE
RESOLUTION NO. 81-03
Whereas, the contract for the Five Flags
FINAL ESTIMATE
Theater – Reroofing And Masonry Restoration
Whereas, the contract for the Five Flags Project has been completed and the Engineer
Theater – Replace East Doors Project has been has submitted his final estimate showing the
completed and the Engineer has submitted his cost thereof including the cost of estimates,
final estimate showing the cost thereof including
80 Regular Session, March 17, 2003
notices and inspection and all miscellaneous Buol moved adoption of the Resolution.
costs;
Seconded by Nicholson. Motion carried 7-0.
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
Gassman Quarry – Final Plat: Zoning
DUBUQUE, IOWA:
Advisory Commission recommending approval
Section 1. That the cost of said improvement
of the final plat of Lot 1 of the SE ¼, NE ¼ and
is hereby determined to be $124,437.00, and the
Lot 2 of the NE ¼, SE ¼ of Section 7, T88R2E
said amount shall be paid from the General
of Gassman Quarry, located at the corner of Old
Fund of the City of Dubuque, Iowa.
Massey Road and Highway 52 in Dubuque
Passed, approved and adopted this 17th day
County, as requested by Bob Miller/Mildred and
of March, 2003.
Robert Gassman, presented and read. Buol
Terrance M. Duggan, Mayor
moved that the communication be received and
Attest: Jeanne F. Schneider, City Clerk
filed. Seconded by Nicholson. Motion carried 7-
Buol moved adoption of the Resolution.
0.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 85-03
Canfield Place No. 2 – Plat of Survey: Zoning
RESOLUTION APPROVING THE FINAL PLAT
Advisory Commission recommending approval
OF LOT 1 OF THE SE ¼, NE ¼ AND LOT 2 OF
of the Plat of Survey of Lot 1 and Lot 2 of
THE NE ¼, SE ¼ OF SECTION 7, T88 R3E.
Canfield Place No. 2, located at the southwest
Whereas, there has been filed with the City a
corner of Fourth and Iowa Streets, as requested
final plat of Lot 1 of the SE ¼, NE ¼, and Lot 2
by the City of Dubuque, presented and read.
of the NE ¼, SE ¼ of Section 7, T88 R3E; and
Buol moved that the communication be received
Whereas, Lot 2 provides 0 feet of lot frontage
and filed. Seconded by Nicholson. Motion
where 50 feet of lot frontage minimum is
carried 7-0.
required for each lot by Section 42-19(b) of the
Subdivision Regulations; and
RESOLUTION NO. 84-03
Whereas, said final plat has been examined by
RESOLUTION APPROVING THE PLAT OF
the Zoning Advisory Commission and had its
SURVEY LOT 1 AND LOT 2 OF CANFIELD
approval endorsed thereon; and
PLACE NO 2.
Whereas, said final plat has been examined by
Whereas, there has been filed with the City
the City Council and they find that it conforms to
Clerk a Plat of Survey Lot 1 and Lot 2 of
the statues and ordinances relating thereto.
Canfield Place No. 2; and
NOW THEREFORE, BE IT RESOLVED BY
Whereas, Lot 1 provides 4,936 square feet of
THE CITY COUNCIL OF THE CITY OF
lot area, and 35.97 feet of lot frontage, where
DUBUQUE, IOWA:
5,000 square feet of lot area and 50 feet of lot
Section 1. That Section 42-19(b) of the
frontage is required by Section 42-19(b) of the
Subdivision Regulations is waived to allow Lot 2
Subdivision Regulations; and
to have 0 feet of lot frontage where 50 feet of
Whereas, said survey plat has been examined
frontage is required for each lot.
by the Zoning Advisory Commission and had its
Section 2. That the final plat of Lot 1 of the SE
approval endorsed thereon; and
¼, NE ¼ and Lot 2 of the NE ¼, SE ¼ of
Whereas, said plat has been examined by the
Section 7, T88 R3E is hereby approved and the
City Council and they find that it conforms to the
Mayor and City Clerk are hereby authorized and
statutes and ordinances relating thereto.
directed to endorse the approval of the City of
NOW THEREFORE, BE IT RESOLVED BY
Dubuque, Iowa upon said final plat.
THE CITY COUNCIL OF THE CITY OF th
Passed, approved and adopted this 17 day of
DUBUQUE, IOWA:
March, 2003.
Section 1. That Section 42-19(b) of the
Terrance M. Duggan, Mayor
Subdivision Regulations is waived to allow Lot 1
Attest: Jeanne F. Schneider, City Clerk
to have 4,936 square feet of lot area and 35.97
Buol moved adoption of the Resolution.
feet of lot frontage, where 5,000 square feet of
Seconded by Nicholson. Motion carried 7-0.
lot area and 50 feet of lot frontage is required.
Section 2. That the Plat of Survey Lot 1 and
Priorities and Requests for Federal Financial
Lot 2 of Canfield Place No. 2 is hereby approved
Assistance: City Manager recommending
and the Mayor and City Clerk are hereby
approval of the City’s updated Priorities and
authorized and directed to endorse the approval
Requests for Federal Financial Assistance,
of the City of Dubuque, Iowa upon said final plat.
presented and read. Buol moved that the
th
Passed, approved and adopted this 17 day of
communication be received and filed and
March, 2003.
approved recommendation. Seconded by
Terrance M. Duggan, Mayor
Nicholson. Motion carried 7-0.
Attest: Jeanne F. Schneider, City Clerk
Regular Session, March 17, 2003 81
HMS Preferred Health Choices: City Manager substantial compliance with financial and
recommending that certain designated agents of program requirements, presented and read.
the City be authorized to make withdrawals from Buol moved that the communication be received
a specialized bank account for self-insured and filed. Seconded by Nicholson. Motion
health benefits used to pay medical and carried 7-0.
disability expenses, presented and read. Buol
moved that the communication be received and Iowa Department of Transportation: Notice
filed. Seconded by Nicholson. Motion carried 7-from the Iowa Department of Transportation
0. regarding 2003 public input meetings, presented
and read. Buol moved that the communication
RESOLUTION NO. 86-03
be received and filed. Seconded by Nicholson.
RESOLUTION AUTHORIZING CERTAIN
Motion carried 7-0.
DESIGNATED AGENTS OF THE CITY OF
DUBUQUE LIMITED AUTHORIZATION TO
East Central Intergovernmental Association:
EXECUTE WITHDRAWALS ON BEHALF OF
Communication from the East Central
THE CITY OF DUBUQUE, IOWA
Intergovernmental Association regarding the
Whereas, the City of Dubuque deposits certain impact of the STIR proposal on the general fund
funds for specific use in local commercial of Iowa cities, presented and read. Buol moved
banking institutions; and that the communication be received and filed.
Whereas, the commercial banking institutions Seconded by Nicholson. Motion carried 7-0.
require authorization by the City Council for City
employees and others to make withdrawals on Application for Homeownership Assistance
such banking institutions; and Funds: City Manager recommending approval
Whereas, the City Council has determined that of an application to the Federal Home Loan
agents of the City of Dubuque who may make Bank (FHLB) for Affordable Housing Program
withdrawals on a designated account on behalf funds to assist income-qualifying families to
of the City of Dubuque for the City of Dubuque purchase a home, presented and read. Buol
Medical Health Account number 2010981 at moved that the communication be received and
American Trust and Savings Bank. filed. Seconded by Nicholson. Motion carried 7-
NOW, THEREFORE, BE IT RESOLVED BY 0.
THE CITY COUNCIL OF THE CITY OF
RESOLUTION NO. 87-03
DUBUQUE, IOWA:
A RESOLUTION AUTHORIZING
That the HMS Preferred Health Choices, Inc.
SPONSORSHIP OF AN APPLICATION TO
authorized individuals are hereby granted ability
THE FEDERAL HOME LOAN BANK OF DES
to make withdrawals on behalf of the City of
MOINES FOR AFFORDABLE HOUSING
Dubuque for the Medical Health Account
PROGRAM FUNDS
number 2010981 at American Trust and Savings .
Bank. Whereas, the Federal Home Loan Bank has
Passed, approved and adopted this 17th day published notice to availability of funds under the
of March, 2003. Affordable Housing Program; and
Terrance M. Duggan, Mayor Whereas, local member FHLB lending
Attest: Jeanne Schneider, City Clerk institutions have agreed to submit an application
Buol moved adoption of the Resolution. for these funds, for a program of
homeownership assistance to lower-income
Seconded by Nicholson. Motion carried 7-0.
households; and
Whereas, the City’s Consolidated Plan
Tobacco Penalties: City Manager
promotes the objectives of homeownership
recommending that a hearing be set for April 7,
assistance and stabilization of target
2003 to consider assessing civil penalties
neighborhoods; and
against two tobacco permit holders for underage
Whereas, provision of homeownership
tobacco sales, presented and read. Buol
opportunities to the City’s working families is a
moved that the communication be received and
necessary complement to on-going economic
filed and set hearing for April 7, 2003 at a
development efforts.
meeting to commence at 6:30 P.M. in the public
NOW, THEREFORE, BE IT RESOLVED BY
library auditorium. Seconded by Nicholson.
THE CITY COUNCIL OF THE CITY OF
Motion carried 7-0.
DUBUQUE, IOWA.
Section 1. The Mayor is hereby authorized to
Iowa Department of Economic Development:
execute this resolution in sponsorship of an
Communication from the Iowa Department of
application to the Federal Home Loan Bank for
Economic Development advising that the review
Affordable Housing Program funds, to assist
of the first phase of the City’s HOME Partnership
lower-income families to purchase homes.
Program (Agreement Number HMS-135-21) has
been completed and has been found to be in
82 Regular Session, March 17, 2003
Section 2. This resolution shall take effect Respectfully submitted,
immediately. /s/ Merle Duehr, Chairperson
th
Passed, approved and adopted this 17 day of /s/ Loras Kluesner
March, 2003. /s/ Richard Wertzberger
Terrance M. Duggan, Mayor Civil Service Commission
Attest: Jeanne Schneider, City Clerk PARKING METER CHECKER
Buol moved adoption of the Resolution. Roger Brooks Gary Nauman
Norman Homb Wayne Ries
Seconded by Nicholson. Motion carried 7-0.
Timothy Altman Donald Wright
Shawn McCullough Rose Hoerner
Contract for Administrative Services for Old
Sean Monaghan Waylen Hackbarth
Mill Road Property Purchase Grant: City
Christopher Scheopner Chad Streauser
Manager recommending approval of an
Adam Kruser June Hancock
Administrative Plan and a Contract for Services
Mark Michener Susan Groth
with East Central Intergovernmental Association
Milton Koons Cyril Lammers
for administrative services required to acquire
Thomas McGovern Susan Myers
three properties, including relocation assistance
Lynn Pape Larry Troester, III
to property owners and demolition of structures,
Susan Davis Rachel Kruse
as described in the grant agreement with the
Katherine Meyer Dennis Murray
Iowa Emergency Management Division,
Benjamin Steuer Shari Vrotsos
presented and read. Buol moved that the
Daniel Calvert Peter Gael
communication be received and filed and
Ann Maas Rita Parkin
approved Plan and Contract. Seconded by
Charles Spielman Daniel Breitbach
Nicholson. Motion carried 7-0.
Susan Dix Mary Gerardy
Nancy Helling Kimberly Oberfoell-Fetgatter
U.S. Department of Housing and Urban
Doreen Rettenberger Karen Stoffel
Development: Communication from the U.S.
Luellen Swan
Department of Housing and Urban Development
Buol moved that the above communication
(HUD) advising that the City’s Fiscal Year 2003
and certification be made a matter of record.
allocation for Community Development Block
Seconded by Nicholson. Motion carried 7-0.
Grant Funds is $1,481,000, presented and read.
Buol moved that the communication be received
Public Bidding Threshold: Communication
and filed. Seconded by Nicholson. Motion
from the City Manager to area legislators
carried 7-0.
requesting their support for SSB 1115 and HSB
188 which would raise the public bidding
Iowa Resource for International Service:
threshold to a level consistent with today’s rate
Communication from Bob Anderson, Iowa
of inflation, presented and read. Buol moved that
Resource for International Service President,
the communication be received and filed.
expressing thanks to the City Council and
Seconded by Nicholson. Motion carried 7-0.
citizens of Dubuque for the excellent hospitality
extended to the four international participants
Voluntary Annexations: Communication from
living with host families in the Dubuque area,
the City Manager to area State Representatives
presented and read. Buol moved that the
requesting their opposition to HF 196 regarding
communication be received and filed. Seconded
voluntary 80/20 annexations, presented and
by Nicholson. Motion carried 7-0.
read. Buol moved that the communication be
received and filed. Seconded by Nicholson.
Civil Service Commission: Civil Service
Motion carried 7-0.
Commission submitting the certified list for the
position of Parking Meter Checker, presented
Request to Vacate: Communication from
and read.
Steven Schmitz and Michael White requesting
March 11, 2003
that the City vacate a public utility easement
Honorable Mayor and
located on Lot 4 in Plaza Court Subdivision,
Members of the City Council
presented and read. Buol moved that the
In accordance with Chapter 400 of the 2001
communication be received and filed and
Code of Iowa, an examination for the position of
referred to the City Manager. Seconded by
Parking Meter Checker was given on February
Nicholson. Motion carried 7-0.
24, 2003. We hereby certify that the individuals
listed on the attached sheet have passed this
Business Licenses:
written examination and the vacancy for this
position should be made from this list and that
RESOLUTION NO. 88-03
this list is good for two (2) years from above
Whereas, applications for Liquor Licenses
date.
have been submitted to this Council for approval
Regular Session, March 17, 2003 83
and the same have been examined and approval on the proposed plans, specifications,
approved; and and form of contract and placed same on file in
Whereas, the premises to be occupied by such the office of the City Clerk for public inspection
applicants were inspected and found to comply of the Fiber Optic Connection Project between
with the State Laws and all City Ordinances City Network and Port of Dubuque.
relevant thereto and they have filed proper NOW THEREFORE, BE IT RESOLVED BY
bonds. THE CITY COUNCIL OF THE CITY OF
NOW, THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA:
st
THE CITY COUNCIL OF THE CITY OF That a Public Hearing will be held on the 21
DUBUQUE, IOWA: day of April, 2003, at 6:30 p.m. in the Public
That the Manager be authorized to cause to be Library Auditorium at which time interested
issued the following named applicants a Liquor persons may appear and be heard for or against
License. the proposed plans and specifications, form of
CLASS “C” BEER/LIQUOR LICENSE contract and cost of said improvement, and the
Donna Ginter West Dubuque Tap+ City Clerk be and is hereby directed to cause a
(Sunday Sale) 1701 Asbury Rd notice of time and place of such hearing to be
Jamis, LLC Ground Round Restr.+ published in a newspaper having general
(Sunday Sale) 50 JFK Rd circulation in the City of Dubuque, Iowa, which
th
Passed, approved and adopted this 17 day notice shall be not less than four days nor more
of March 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
Buol moved adoption of the Resolution. proposed plans, specifications, contract, or
estimated cost of the improvement.
Seconded by Nicholson. Motion carried 7-0.
th
Passed, adopted and approved this 17 day of
March, 2003.
ITEM TO BE SET FOR PUBLIC HEARING
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fiber Optic Connection between City Network
Markham moved adoption of the Resolution
and the Port of Dubuque – Initiate: City Manager
setting Hearing for 4/21/03 at a meeting to
recommending initiation of the public bidding
commence at 6:30 P.M. in the public library
process for the fiber optic connection between
auditorium and that the City Clerk publish notice
Fourth and Iowa Streets and the Port of
in the manner prescribed by law. Seconded by
Dubuque and that a public hearing be set for
Cline. Motion carried 7-0.
April 21, 2003, presented and read. Markham
moved that the communications be received and
RESOLUTION NO. 91-03
filed. Seconded by Cline. Motion carried 7-0.
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
RESOLUTION NO. 89-03
THE COUNCIL OF THE CITY OF DUBUQUE,
RELIMINARY APPROVAL OF
IOWA:
PLANS AND SPECIFICATIONS
That the Fiber Optic Connection Project
NOW THEREFORE, BE IT RESOLVED BY
between City Network and Port of Dubuque is
THE CITY COUNCIL OF THE CITY OF
hereby ordered to be advertised for bids for
DUBUQUE, IOWA:
construction.
That the proposed plans, specifications, form
BE IT FURTHER RESOLVED, that the amount
of contract and estimated cost for the Fiber
of the security to accompany each bid shall be in
Optic Connection Project between City Network
an amount which shall conform to the provisions
and Port of Dubuque, in the estimated amount
of the Notice to Bidders hereby approved as a
$28,068.81 are hereby approved and ordered
part of the plans and specifications heretofore
filed in the office of the City Clerk for public
adopted.
inspection.
That the City Clerk is hereby directed to
th
Passed, adopted and approved this 17 day of
advertise for bids for the construction of the
March, 2003.
improvements herein provided, to be published
Terrance M. Duggan, Mayor
in a newspaper having general circulation in the
Attest: Jeanne F. Schneider, CMC, City Clerk
City of Dubuque, Iowa, which notice shall not be
Markham moved adoption of the Resolution.
less than four days nor more than forty-five days
Seconded by Cline. Motion carried 7-0.
prior to the receipt of said bids at 2:00 p.m. on
th
the 10 day of April, 2003. Bids shall be opened
RESOLUTION NO. 90-03
and read by the City Clerk at said time and will
FIXING DATE OF HEARING
be submitted to the Council for final action at
ON PLANS AND SPECIFICATIONS
st
6:30 p.m. on the 21 day of April, 2003.
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
84 Regular Session, March 17, 2003
th
OFFICIAL PUBLICATION
Passed, adopted and approved this 17 day of
ORDINANCE NO. 17-03
March, 2003.
AN ORDINANCE AMENDING APPENDIX A
Terrance M. Duggan, Mayor
(THE ZONING ORDINANCE) OF THE CITY OF
Attest: Jeanne F. Schneider, CMC, City Clerk
DUBUQUE CODE OF ORDINANCES BY
Markham moved adoption of the Resolution.
RECLASSIFYING HEREINAFTER DESCRI-
Seconded by Cline. Motion carried 7-0.
BED PROPERTY LOCATED ALONG THE
BOARDS/COMMISSIONS NORTH SIDE OF CRESCENT RIDGE FROM
AG AGRICULTURAL DISTRICT TO CS
COMMERCIAL SERVICE AND WHOLESALE
Appointments to the following Boards /
DISTRICT, WITH CONDITIONS
Commissions:
Historic Preservation Commission (One NOW, THEREFORE, BE IT ORDAINED BY
unexpired three-year term representing the Old THE CITY COUNCIL OF THE CITY OF
Main District through 7/1/05 and one unexpired DUBUQUE, IOWA:
three-year term representing the Jackson Park Section 1. That Appendix A (The Zoning
District through 7/1/04): Applicant: Mary Loney Ordinance) of the City of Dubuque Code of
Bichell (Jackson Park District). Michalski Ordinances is hereby amended by reclassifying
moved that Mary Loney Bichell be appointed to the hereinafter-described property from AG
the unexpired three year term which will expire Agricultural District to CS Commercial Service
7/1/04. Seconded by Cline. Motion carried 7-and Wholesale District, with conditions, as
0. shown in Exhibit A, and to the centerline of the
Housing Commission (One unexpired three-adjoining public right-of-way, all in the City of
year term through 8/17/04): Applicant:Joseph Dubuque, Iowa.
Suarez. Markham moved that Joseph Suarez Section 2. The foregoing amendment has
be appointed to the unexpired term which will heretofore been reviewed by the Zoning
expire 8/17/04. Seconded by Buol. Motion Advisory Commission of the City of Dubuque,
carried 7-0. Iowa.
Zoning Board of Adjustment (One five-year Section 3. This ordinance shall take effect
term through 3/25/08 – term of Urell): Applicant: immediately upon publication, as provided by
Jim Urell. Cline moved that Jim Urell be law.
th
reappointed to a five year term which will expire Passed, approved and adopted this 17 day of
3/25/08. Seconded by Buol. Motion carried 7-0. March 2003.
Terrance M. Duggan, Mayor
PUBLIC HEARINGS
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 17-03
Michalski moved that the rules be We, Tom Zalaznik and Ed Zalaznik, property
suspended to allow anyone present to speak. owners, having read the terms and conditions of
Seconded by Connors. Motion carried 7-0. the foregoing Ordinance No. 17-03 and being
familiar with the conditions thereof, hereby
Crescent Ridge Road – Request to Rezone: accept this same and agree to the conditions
Proof of publication on notice of hearing to required therein.
th
consider a request from Tom and Ed Zalaznik to Dated in Dubuque, Iowa this 17 day of March
rezone property located on Crescent Ridge 2003.
Road, west of Cedar Cross Road, from AG /s/ Tom Zalaznik
Agricultural District to CS Commercial Service /s/ Ed Zalaznik
and Wholesale District and Zoning Advisory Published officially in the Telegraph Herald
st
Commission recommending approval, with newspaper this 21 day of March, 2003.
conditions, presented and read. Buol moved Jeanne F. Schneider, City Clerk
that the proof and communication be received 1t 3/17
and filed. Seconded by Cline. Motion carried 7-Buol moved that the requirement that a
0. proposed Ordinance be considered and voted
Tom Zalaznik, as owner of the property, spoke on for passage at two Council Meetings prior to
requesting the rezoning. the meeting at which it is to be finally passed be
An Ordinance Amending Appendix A (the suspended and further moved final
Zoning Ordinance) of the City of Dubuque Code consideration and passage of the Ordinance.
of Ordinances by reclassifying hereinafter Seconded by Cline. Motion carried 7-0.
described property located along the north side
of Crescent Ridge Road from AG Agricultural Hillcrest Family Services ID Institutional
District to CS Commercial Service and District Amendment: Proof of publication on
Wholesale District, with conditions, presented notice of hearing to consider amending the
and read. Hillcrest Family Services ID Institutional District
to allow extension of the time frame for use of
Regular Session, March 17, 2003 85
the existing portable classrooms and Zoning being familiar with the conditions thereof, hereby
Advisory Commission recommending approval, accept this same and agree to the conditions
presented and read. Michalski moved that the required therein.
th
proof and communication be received and filed. Dated in Dubuque, Iowa this 12 day of
Seconded by Nicholson. Motion carried 7-0. March, 2003.
Gary Gansemer, of Hillcrest Family Services, /s/ Gary L. Gansemer
spoke requesting the rezoning. Hillcrest Family Services
An Ordinance Amending Appendix A (the Published officially in the Telegraph Herald the
st
Zoning Ordinance) of the City of Dubuque Code 21 day of March, 2003.
of Ordinances by repealing Section 2(D)(2) of /s/Jeanne F. Schneider, CMC
Ordinance No. 55-00 and enacting a new City Clerk
Section 2(D)(2) in lieu thereof pertaining to the 1t 3/21
time limit for use of portable classrooms at Michalski moved that the requirement that a
Hillcrest Family Services, presented and read. proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
OFFICIAL PUBLICATION
the meeting at which it is to be finally passed be
ORDINANCE NO. 18-03
suspended and further moved final consi-
AN ORDINANCE AMENDING APPENDIX A
deration and passage of the Ordinance.
(THE ZONING ORDINANCE) OF THE CITY OF
Seconded by Nicholson. Motion carried 7-0.
DUBUQUE CODE OF ORDINANCES, BY
REPEALING SECTION 2(D)(2) OF
Vacating Request – Alley Between Bryant and
ORDINANCE NO. 55-00 AND ENACTING A
Ramona Streets: Proof of publication on notice
NEW SECTION 2(D)(2) IN LIEU THEREOF
of hearing to consider a request from the
PERTAINING TO THE TIME LIMIT FOR USE
Dubuque Community School District to vacate
OF PORTABLE CLASSROOMS AT
the alley between Bryant and Ramona Streets
HILLCREST FAMILY SERIVCES.
from Mt. Loretta Avenue 148 feet south and City
Whereas, Ordinance No. 55-00 was adopted Manager recommending approval, presented
on July 5, 2000, by the City Council amending and read. Cline moved that the proof and
the ID Institutional District for Hillcrest Family communication be received and filed.
Services; and Seconded by Nicholson. Motion carried 7-0.
Whereas, Hillcrest Family Services has
RESOLUTION NO. 92-03
requested an amendment to the ID Institutional
RESOLUTION DISPOSING OF CITY
District regulating the time limit for use of the
INTEREST IN LOT 1A AND LOT 3A IN
portable classrooms in the ID Institutional
COLUMBIA ADDITION IN THE CITY OF
District.
DUBUQUE, DUBUQUE COUNTY, IOWA
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF Whereas, pursuant to resolution and published
DUBUQUE, IOWA: notice of time and place of hearing, published in
Section 1. That Appendix A (the Zoning the Telegraph Herald, a newspaper of general
Ordinance) is hereby amended by repealing circulation published in the City of Dubuque,
Section 2(D)(2) of Ordinance No. 55-00 and Iowa on March 7, 2003, the City Council of the
enacting a new Section 2(D)(2) in lieu thereof, City of Dubuque, Iowa met on the March 17,
as follows: 2003, at 6:30 p.m. in the Public Library
th
2(D)(2): All portable classrooms located in this Auditorium, 360 West 11 Street, Dubuque,
ID District shall be removed by Hillcrest Family Iowa to consider the proposal for the sale of real
Services no later than June 30, 2006. estate described as:
Section 2. The foregoing amendment has Lot 1A and Lot 3A in Columbia Addition in the
heretofore been reviewed by the Zoning City of Dubuque, Dubuque County, Iowa
Advisory Commission of the City of Dubuque, Whereas, the City Council of the City of
Iowa. Dubuque, Iowa overruled any and all objections,
Section 3. This Ordinance shall take effect oral or written to the proposal to sell such real
immediately upon publication as provided by estate, except for easement as noted.
law. NOW THEREFORE, BE IT RESOLVED BY
th
Passed, approved and adopted this 17 day of THE CITY COUNCIL OF THE CITY OF
March, 2003. DUBUQUE, IOWA:
Terrance M. Duggan, Mayor Section 1. That the sale of City of Dubuque
Attest: Jeanne F. Schneider, City Clerk real property described as Lot 1A in Columbia
ACCEPTANCE OF ORDINANCE NO. 18-03 Addition in the City of Dubuque, Dubuque
I, Gary L. Gansemer, Hillcrest Family County, Iowa, to Dubuque Community Schools
Services, having read the terms and conditions be and the same is hereby approved for the cost
of the foregoing Ordinance No.18-03 and of publication, platting, filing fees, and the
dedication of a 10-foot strip along the south
86 Regular Session, March 17, 2003
right-of-way line of Mt. Loretta Avenue from embodied in Ordinance No. 42-81, as modified
Bryant Street to Ramona Street. Conveyance by a series of waivers and side agreements, and
shall be by Quit Claim Deed. acquired from TCI of Iowa, Inc. via a transfer
Section 2. That the sale of City of Dubuque approved by the Dubuque City Council on June
real property described as Lot 3A in Columbia 18, 2001; and
Addition in the City of Dubuque, Dubuque Whereas, one of the side agreements is a
County, Iowa, to Janaan D. Hanten be and the lease to Mediacom to build and maintain a
same is hereby approved. Conveyance shall be network hub on City-owned property located at
by Quit Claim Deed. 1585 West Third Street in Dubuque; and
Section 3. The City of Dubuque reserves unto Whereas, the terms of the franchise and of the
itself a perpetual easement including the right of lease will expire March 31, 2003; and
ingress and egress thereto, for the purpose of Whereas, representatives of the City of
erecting, installing, construction, reconstructing, Dubuque and of Mediacom have entered into
repairing, owning, operating, and maintaining good faith negotiation of terms and conditions
water, sewer, drainage, gas, telephone, t.v. for the renewal of the franchise and the lease.
cable, and electric lines as may be authorized by NOW, THEREFORE, BE IT ORDAINED BY
the City of Dubuque, Iowa as shown on the Plat THE CITY COUNCIL OF THE CITY OF
of Survey of Lot 1A and Lot 3A in Columbia DUBUQUE, IOWA:
Addition in the City of Dubuque, Dubuque Section 1. The term of the cable services
County, Iowa. franchise and the term of the lease are hereby
Section 4. That the Mayor be authorized and extended to June 30, 2003, with all the rights,
directed to execute a Quit Claim Deed, and the privileges and responsibilities appertaining
City Clerk be and is hereby authorized and thereunto; and
directed to deliver said deed of conveyance to Section 2. The City Manager is hereby
Dubuque Community Schools and Janaan D. authorized to sign and administer the extension
Hanten upon receipt of the purchase price in full. agreement on behalf of the City of Dubuque.
Section 5. That the City Clerk be and is hereby Passed, approved and adopted this 17th day
authorized and directed to record a certified of March, 2003.
copy of this resolution in the office of the City Terrance M. Duggan, Mayor
Assessor, Dubuque County Recorder and Attest: Jeanne F. Schneider, City Clerk
Dubuque County Auditor. Published officially in the Telegraph Herald the
thst
Passed, approved and adopted this 17 day of 21 day of March, 2003.
March, 2003. Jeanne F. Schneider, CMC, City Clerk
Terrance M. Duggan, Mayor 1t 3/21
Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved that the requirement that a
Cline moved adoption of the Resolution. proposed Ordinance be considered and voted
Seconded by Nicholson. Motion carried 7-0. on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
Mediacom Franchise Extension: Proof of suspended and further moved final
publication on notice of hearing to consider an consideration and passage of the Ordinance.
additional short-term extension through June 30, Seconded by Nicholson. Motion carried 7-0.
2003 of the existing Mediacom cable franchise
and site agreements under the terms currently in Carnegie Stout Public Library Roof
effect and City Manager recommending Replacement Project: Proofs of publication on
approval, presented and read. Buol moved that notice of hearing on plans and specifications
the proof and communication be received and and notice to bidders on the receipt of bids, and
filed. Seconded by Nicholson. Motion carried 7-City Manager recommending award of the
0. contract for the Public Library Roof Replacement
Project to Jim Giese Commercial Roofing in the
An Ordinance Extending the term of the amount of $42,983, presented and read. Cline
existing cable franchise agreement and hub site moved that the proof and communication be
lease of MCCIowa, L.L.C. to June 30, 2003, received and filed. Seconded by Connors.
presented and read. Motion carried 7-0.
OFFICIAL PUBLICATION RESOLUTION NO. 93-03
ORDINANCE NO. 19-03 RESOLUTION ADOPTING PLANS AND
AN ORDINANCE EXTENDING THE TERM OF SPECIFICATIONS
rd
THE EXISTING CABLE FRANCHISE
Whereas, on the 3 day of February, 2003
AGREEMENT AND HUB SITE LEASE OF
plans, specifications, and form of contract were
MCCIOWA, L.L.C. TO JUNE 30, 2003.
filed with the City Clerk of Dubuque, Iowa for the
Whereas, MCCIowa, L.L.C. (Mediacom) is the replacement of the 1980 Carnegie-Stout Public
current holder of a cable services franchise, Library addition roof.
Regular Session, March 17, 2003 87
Whereas, notice of hearing on plans, Frank Pothoff spoke and requested that the
specifications, and form of contract was 26’ road width be waived and go to 22 feet.
published as required by law. Cline moved to receive and file the
NOW, THERFORE BE IT RESOLVED BY communication and approve the plat, with the
THE CITY COUNCIL OF THE CITY OF amendment of a 22’ roadway. Seconded by
DUBUQUE, IOWA: Markham. Carried by the following vote:
That the proposed plans, specifications, form Yeas—Buol, Cline, Connors, Duggan, Markham,
of contract and cost for the Roof Replacement Michalski. Nays—Nicholson.
Of The 1980 Carnegie-Stout Public Library
Addition in the amount of $42,983.00 are hereby Wertzberger Acres No. 2 – Preliminary Plat:
approved for said project. Zoning Advisory Commission recommending
th
Passed, approved and adopted this 17 day of approval of the preliminary plat of Wertzberger
March 2003. Acres No. 2, located at 9773 Katie Cove in
Terrance M. Duggan, Mayor Dubuque County, as requested by Walter
Attest: Jeanne F. Schneider, City Clerk Wertzberger, presented and read. Cline moved
Cline moved adoption of the Resolution. that the communication be received and filed
Seconded by Connors. Motion carried 7-0. and approved the plat. Seconded by Michalski.
Motion carried 7-0.
RESOLUTION NO. 94-03
AWARDING CONTRACT
Golf Course Renovation Master Plan: City
Whereas, sealed proposals have been Manager recommending approval of the hiring of
submitted by contractors for the replacement of Gill Miller Golf Course Architects, Inc. to conduct
the roof on the 1980 addition to the Carnegie a renovation study and develop a master plan
Stout Public Library and notice to bidders has for the Bunker Hill Golf Course, presented and
been published in a newspaper published in the read. Nicholson moved that the communication
th
City of Dubuque, Iowa on the 7 day of February be received and filed and approved
2003; and recommendation. Seconded by Connors.
Whereas the said sealed proposals were Motion carried 7-0.
th
opened and read of the 4 day of March 2003
and it has been determined that the bid of Jim Old Mill Road Property Purchase: City
Giese Commercial Roofing in the amount of Manager recommending approval to proceed
forty-two thousand, nine hundred eighty-three with closing on the purchase of three properties
dollars ($42,983.00) was the lowest bid for on Old Mill Road, previously approved by
furnishing the base bid materials as provided for Council on December 16, 2002, pending receipt
in the plans and specifications. and processing of the FEMA contract for these
NOW THEREFORE, BE IT RESOLVED BY properties on March 14, 2003, presented and
THE CITY COUNCIL OF THE CITY OF read. Cline moved that the communication be
DUBUQUE, IOWA: received and filed and approved
That the contract for the above construction be recommendation. Seconded by Nicholson.
awarded to Jim Giese Commercial Roofing and Motion carried 7-0.
the Manager is hereby authorized to execute a
contract on behalf of the City of Dubuque. Bee Branch Alignment Study Request for
th
Passed, approved and adopted this 17 day of Proposals: City Manager recommending
March 2003. approval of a proposed Request for Proposals
Terrance M. Duggan, Mayor (RFP) for the Bee Branch Creek Alignment
Attest: Jeanne F. Schneider, City Clerk Study to address issues related to the second
Cline moved adoption of the Resolution. phase of the Drainage Basin Master Plan,
Seconded by Connors. Motion carried 7-0. presented and read. Nicholson moved that the
communication be received and filed and
Michalski moved that the rules be reinstated approved recommendation. Seconded by Buol.
limiting discussion to the Council. Seconded by Carried by the following vote: Yeas—Buol,
Cline. Motion carried 7-0. Cline, Connors, Markham, Michalski, Nicholson.
Nays—Duggan.
ACTION ITEMS
Bluff Land Protection Measures: City Manager
Pothoff Place No. 2 – Preliminary Plat: Zoning submitting information regarding Bluff Land
Advisory Commission recommending approval Protection Measures, presented and read.
of the preliminary plat of Pothoff Place No. 2, Cline moved that this item be tabled to the
located northeast of Gardener’s Lane / 4/21/03 Council Meeting. Seconded by
Emberwood Drive in Dubuque County, as Nicholson. Carried by the following vote:
requested by Ronald, Alvin and Francis Pothoff, Yeas—Buol, Cline, Connors, Duggan, Michalski,
presented and read. Nicholson. Nays—Markham.
88 Regular Session, March 17, 2003
At 7:27 P.M. Michalski moved to go into Approved:__________________________2003
Closed Session re: Pending Litigation and
Property Acquisition – Chapter 21.5(1)(c)(j) 2001 Adopted:___________________________2003
Code of Iowa. Seconded by Buol. Motion
carried 7-0.
______________________________________
At 7:45 P.M. Council reconvened stating Staff Mayor
had been given proper direction.
______________________________________
There being no further business, Michalski
moved to adjourn. Seconded by Buol. Motion ______________________________________
carried 7-0. The meeting adjourned at 7:46
P.M. ______________________________________
/s/ Jeanne F. Schneider, CMC ______________________________________
City Clerk
1t 3/26 ______________________________________
______________________________________
Council Members
Attest:
______________________________________
City Clerk