2003 June Council Proceedings Regular Session, June 2, 2003 165
DUBUQUE
Citizen Communications: Communications
from citizens regarding the importance of
CITY COUNCIL
retaining the School Resource Officers (SRO) in
OFFICIAL
the City’s schools, presented and read. Buol
PROCEEDINGS
moved that the communication be received and
filed. Seconded by Michalski. Motion carried 7-
City Council, Regular Session, June 2, 2003
0.
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Iowa Department of Transportation:
Communication from the Iowa Department of
Present: Mayor Duggan, Council Members
Transportation regarding the Corridor
Buol, Cline, Connors, Markham, Michalski,
Preservation Zone along U.S. 20 from the
Nicholson, City Manager Michael Van Milligen,
Peosta interchange east to near the intersection
Corporation Counsel Barry Lindahl.
with the Northwest Arterial, presented and read.
Buol moved that the communication be received
Mayor Duggan read the call and stated this is
and filed and referred to the City Manager.
a regular session of the City Council called for
Seconded by Michalski. Motion carried 7-0.
the purpose of discussing such matters which
may properly come before the City Council.
Legislative Issues:
Statement by Governor Vilsack on the U.S.
Invocation was given by Sister Paula Maloy,
Senate Economic Stimulus Package, presented
svm
and read. Buol moved that the communication
be received and filed. Seconded by Michalski.
Proclamation: Rising Stars Independent
Motion carried 7-0.
League Days received by Jeff Gallery.
Communication from Governor Thomas J.
Vilsack to City Manager Michael Van Milligen
CONSENT ITEMS
regarding the Iowa Values Fund, presented and
read. Buol moved that the communication be
Minutes and Reports Submitted: City Council
received and filed. Seconded by Michalski.
of May 19; Downtown Planning Commission of
Motion carried 7-0.
May 5; Housing Commission of April 22; Human
Communication from City Manager to State
Rights Commission of April 14, presented and
Legislators regarding federal funding, presented
read. Buol moved that the minutes be received
and read. Buol moved that the communication
and filed. Seconded by Michalski. Motion
be received and filed. Seconded by Michalski.
carried 7-0.
Motion carried 7-0.
Proofs of publication of City Council
Intercreditor Agreement for Cottingham and
Proceedings of May 5 and May 8 and List of
Butler: City Manager recommending approval of
Claims and Summary of Revenues for month
an Intercreditor Agreement by and between the
ending April 30, presented and read. Buol
City and the Iowa Department of Economic
moved that the proofs be received and filed.
Development providing for the sharing of
Seconded by Michalski. Motion carried 7-0.
security interests in mortgages related to
Cottingham and Butler’s Town Clock Building,
Notice of Claims/Suits: Susan Breitbach for
presented and read. Buol moved that the
vehicle damage; Mortgage Electronic
communication be received and filed. Seconded
Registration Systems, Inc. vs. City of Dubuque,
by Michalski. Motion carried 7-0.
Iowa; United Way Services, Inc. for property
damage, presented and read. Buol moved that RESOLUTION NO. 183-03
the claims and suits be referred to the Legal A RESOLUTION APPROVING AN INTER-
CREDITOR AGREEMENT WITH THE IOWA
Staff for investigation and report. Seconded by
DEPARTMENT OF ECONOMIC DEVELOP-
Michalski. Motion carried 7-0.
MENT FOR PROPERTY OWNED BY
COTTINGHAM & BUTLER.
Corporation Counsel recommending
settlement of the claim of Randy Schmerbach
Whereas, the City of Dubuque, Iowa, (“City”)
for property damage and Becky Hanson for
and the Iowa Department of Economic
property damage and recommending that the
Development (“IDED”) have provided certain
Finance Department issue payment, presented
loans to Cottingham & Butler for the
and read. Buol moved that the communications
rehabilitation of property located at 835 Main
be received and filed and directed Finance
Street; and
Director to issue payment. Seconded by
Whereas, certain mortgages have been filed
Michalski. Motion carried 7-0.
as security for those loans; and
166 Regular Session, June 2, 2003
Whereas, the City and IDED wish to share Lead Hazard Reduction Grant: City Manager
their security interests in the collateral; and recommending approval of an application to the
Whereas, the Intercreditor Agreement, hereto U.S. Department of Housing and Urban
attached and by this reference made a part Development for $2,000,000 for the continuation
hereof, sets forth the terms and conditions of the of the Lead-Based Paint Hazard Prevention
shared collateral. Program, presented and read. Buol moved that
NOW, THEREFORE, BE IT RESOLVED BY the communication be received and filed and
THE CITY COUNCIL OF THE CITY OF approved recommendation. Seconded by
DUBUQUE, IOWA: Michalski. Motion carried 7-0.
Section 1. That the Intercreditor Agreement by
and between the City and IDED is hereby Dubuque County Board of Supervisors:
accepted and approved. Communication from City Manager Michael Van
Section 2. That the Mayor is hereby authorized Milligen to the Dubuque County Board of
to execute, on behalf of the City Council of the Supervisors regarding a rezoning request for
City of Dubuque, Iowa, the attached Intercreditor property on Seippel Road and the placing of
Agreement. certain conditions on the rezoning, presented
Passed, approved and adopted this 2nd day of and read. Buol moved that the communication
June 2003. be received and filed. Seconded by Michalski.
Terrance M. Duggan, Mayor Motion carried 7-0.
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution. Library Board of Trustees: Communication
Seconded by Michalski. Motion carried 7-0. from Susan Henricks, Library Director, advising
that Library Board Member Kevin Lynch does
Second Amendment to Development not intend to reapply for appointment to the
Agreement with Interstate Power and Light Board, presented and read. Buol moved that
Company: City Manager recommending the communication be received and filed.
approval of a second amendment to the Seconded by Michalski. Motion carried 7-0.
Development Agreement between the City and
Interstate Power and Light Company providing Business License Refund: Request of The
for the development of property purchased by Ground Round, Inc., for a refund on their Beer
Interstate in the Dubuque Industrial Center and Liquor Combination License in the amount
West, presented and read. Buol moved that the of $422.50, presented and read. Buol moved
communication be received and filed and that the communication be received and filed
approved recommendation. Seconded by and approved refund. Seconded by Michalski.
Michalski. Motion carried 7-0. Motion carried 7-0.
Downtown Neighborhood Council: Business Licenses:
Communication from the Historic Preservation
RESOLUTION NO. 184-03
Commission recommending approval of a
request from the Downtown Neighborhood NOW, THEREFORE, BE IT RESOLVED BY
Council to place trash receptacles in the public THE CITY COUNCIL OF THE CITY OF
right-of-way in Jackson Park, presented and DUBUQUE, IOWA:
read. Buol moved that the communication be That the following having complied with the
received and filed and approved provisions of law relating to the sale of
recommendation. Seconded by Michalski. Cigarettes within the City of Dubuque, Iowa, be
Motion carried 7-0. granted a permit to sell Cigarettes and Cigarette
Papers within said City.
Plastic Center, Inc. Agreement: City Manager NEW
recommending acceptance of a settlement with Easy Street LLC Easy Street LLC
Plastic Center, Inc. for their lawsuit against the 431 Rhomberg Ave
City related to the design standards in the Ice Passed, approved and adopted this 2nd day of
Harbor Urban Renewal District, presented and June, 2003.
read. Buol moved that the communication be Terrance M. Duggan, Mayor
received and filed and approved. Seconded by Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski. Motion carried 7-0. Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Asbury Plaza Drainage: City Manager
RESOLUTION NO. 185-03
submitting a response to inquiries regarding the
BEER
Asbury Plaza drainage issue, presented and
read. Buol moved that the communication be Whereas, applications for Beer Permits have
received and filed. Seconded by Michalski. been submitted and filed to this Council for
Motion carried 7-0.
Regular Session, June 2, 2003 167
approval and the same have been examined package, presented and read. Buol moved that
and approved: and the communication be received and filed.
Whereas, the premises to be occupied by Seconded by Michalski. Motion carried 7-0.
such applicants were inspected and found to
ITEMS TO BE SET FOR PUBLIC HEARING
comply with the Ordinances of the City and have
filed proper bonds
NOW, THEREFORE, BE IT RESOLVED BY Sale of City Property: City Manager
THE CITY COUNCIL OF THE CITY OF recommending that a public hearing be set for
DUBUQUE, IOWA: June 16, 2003 to consider a request from
That the Manager be authorized to cause to be Randall J. Klauer to purchase Lot 319 of Ham’s
issued the following named applicants a Beer Addition, located on the corner of Rhomberg
Permit. Avenue and Hawthorne Street, presented and
CLASS “B” BEER read. Cline moved that the communication be
Prospect Pizza Ltd Pizza Hut+ received and filed. Seconded by Nicholson.
(Sunday Sale) 2075 JFK Rd Motion carried 7-0.
Prospect Pizza Ltd Pizza Hut+
th
RESOLUTION NO. 187-03
(Sunday Sale) 320 E. 20 St
RESOLUTION OF INTENT TO DISPOSE OF
CLASS “B” BEER ( 6 MONTH LICENSE)
INTEREST IN LOT 2 OF 319 OF HAM’S
Cooper Management Com. Bricktown
ADDITION, DUBUQUE, IOWA
Brewery 280 Locust St
Passed, approved and adopted this 2nd day of Whereas, the City of Dubuque is the owner of
June, 2003. Lot 2 of 319 of Ham’s Addition in the City of
Terrance M. Duggan, Mayor Dubuque, Iowa; and
Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, Randall J. Klauer has requested to
Buol moved adoption of the Resolution. purchase Lot 2 of 319 of Ham’s Addition from
Seconded by Michalski. Motion carried 7-0. the City of Dubuque: and
Whereas, the City Council of the City of
RESOLUTION NO. 186-03
Dubuque, Iowa has determined that Lot 2 of 319
Whereas, applications for Liquor Licenses of Ham’s Addition is no longer required for public
have been submitted to this Council for approval use, and that the sale of Lot 2 of 319 of Ham’s
and the same have been examined and Addition in the City of Dubuque, Dubuque
approved; and County, Iowa should be approved on the terms
Whereas, the premises to be occupied by such and conditions set forth below.
applicants were inspected and found to comply NOW, THEREFORE, BE IT RESOLVED BY
with the State Laws and all City Ordinances THE CITY COUNCIL OF THE CITY OF
relevant thereto and they have filed proper DUBUQUE, IOWA:
bonds. Section 1. That the City of Dubuque intends to
NOW, THEREFORE, BE IT RESOLVED BY dispose of its interest in Lot 2 of 319 of Ham’s
THE CITY COUNCIL OF THE CITY OF Addition in the City of Dubuque, Iowa, by sale to
DUBUQUE, IOWA: Randall J. Klauer.
That the Manager be authorized to cause to be Section 2. That the conveyance of Lot 2 of 319
issued the following named applicants a Liquor of Ham’s Addition in the City of Dubuque, Iowa,
License. subject to easements of record, to Randall J.
CLASS “C” BEER/LIQUOR LICENSE Klauer be contingent upon the payment of
James Ferring Dubuque Bowling Lanes+ $10,000, plus publication and filing fees, and
(Sunday Sale) 1029 ½ Main St payment by Mr. Klauer of any costs for survey
Jumpers Sports Bar/Grill, Inc Jumpers Sports and plat of the lot.
Bar+(Sunday Sale) 2600 Dodge St Section 3. The City Clerk is hereby authorized
Easy Street, LLC Easy Street+ and directed to cause this Resolution and a
(Sunday Sale) 431 Rhomberg Ave notice to be published as prescribed by Iowa
nd
Passed, approved and adopted this 2 day of Code Section 364.7 of a public hearing on the
June, 2003. City’s intent to dispose of the foregoing-
nd
Terrance M. Duggan, Mayor described real property, to be held on the 2
Attest: Jeanne F. Schneider, CMC, City Clerk day of June, 2003, at 6:30 o’clock p.m. at the
th
Buol moved adoption of the Resolution. public library auditorium, 11 & Locust,
Seconded by Michalski. Motion carried 7-0. Dubuque, Iowa.
Passed, approved and adopted this 2nd day of
Communication of the City Manager to June, 2003.
Senator Charles Grassley thanking him for Terrance M. Duggan, Mayor
fighting for federal financial assistance for states Attest: Jeanne F. Schneider, CMC, City Clerk
and requesting that he urge the State of Iowa to Cline moved adoption of the Resolution and
honor the intent of the federal assistance further set this for Public Hearing on 6/16/03 at a
168 Regular Session, June 2, 2003
meeting to commence at 6:30 P.M. in the public easements on city-owned land at the Riprow
library auditorium and that the City Clerk publish Valley Trailhead, presented and read. Cline
notice in the manner prescribed by law. moved that the communication be received and
Seconded by Nicholson. Motion carried 7-0. filed. Seconded by Nicholson. Motion carried 7-
0.
Mediacom Franchise Extension: City Manager
RESOLUTION NO. 189-03
recommending that a public hearing be set for
RESOLUTION OF INTENT TO DISPOSE OF
June 16, 2003 to consider an additional short-
CITY INTEREST IN DEVELOPMENT RIGHTS
term extension through December 31, 2003 of
FOR LOT 1 OF 1 OF GOVERNMENT LOT #1;
the existing Mediacom cable franchise and side
LOT 1, ROCK CUT SUBDIVISION; AND LOT A
agreements under the terms currently in effect,
OF GOVERNMENT LOT #1, ALL IN SECTION
presented and read. Cline moved that the
6, T88, R3E, IN THE CITY OF DUBUQUE,
communication be received and filed. Seconded
IOWA FOR EASEMENTS FOR THE RIPROW
by Nicholson. Motion carried 7-0.
VALLEY TRAILHEAD PROJECT
RESOLUTION NO. 188-03
Whereas, the City of Dubuque, Iowa has
A RESOLUTION OF THE CITY'S INTENT TO
requested federal grants for the acquisition of
GRANT A SHORT-TERM EXTENSION OF AN
land and development rights for the Riprow
EXISTING CABLE SERVICES FRANCHISE
Valley Trailhead Project for property legally
AND AN EXISTING HUB SITE LEASE TO
described asLot 1 of 1 of Government Lot #1;
MCCIOWA L.L.C.
Lot 1, Rock Cut Subdivision; and Lot A of
Whereas, MCCIowa, L.L.C. (Mediacom) is the
Government Lot #1, all in Section 6, T88, R3E,
current holder of a cable services franchise,
in the City of Dubuque, Iowa; and
embodied in Ordinance No. 42-81, as modified
Whereas, obtaining these federal grants
by a series of waivers and side agreements, and
requires that the City of Dubuque provide
acquired from TCI of Iowa, Inc. via a transfer
easements for the preservation and
approved by the Dubuque City Council on June
conservation of the described property by
18, 2001; and
relinquishing certain development rights in
Whereas, one of the side agreements is a
accordance with said easements; and
lease to Mediacom to build and maintain a
Whereas, the City Council of the City of
network hub on City-owned property located at
1585 West Third Street in Dubuque; and
Dubuque, Iowa has determined that
Whereas, the terms of the franchise and of the
relinquishing these development rights in
lease will expire June 30, 2003,and
accordance with said easements for the
Whereas, representatives of the City of
described property is in the public interest, and
Dubuque and of Mediacom have entered into
should be approved.
good faith negotiation of terms and conditions
NOW, THEREFORE, BE IT RESOLVED BY
for the renewal of the franchise and the lease.
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 City of Dubuque intends to
DUBUQUE, IOWA:
dispose of its interest in certain development
Section 1. That the City of Dubuque intends to
rights in accordance with said easements for Lot
extend the term of the cable services franchise
1 of 1 of Government Lot #1; Lot 1, Rock Cut
and the term of the lease to December 31, 2003
Subdivision; and Lot A of Government Lot #1, all
under the same terms and conditions as
currently in effect; and in Section 6, T88, R3E, in the City of Dubuque,
Section 2. That the City Clerk is hereby
Iowa.
authorized and directed to cause notices to be
Section 2. That the conveyance of certain
published of the proposed extension in the
development rights in accordance with a letter of
manner prescribed by law.
agreement and preservation covenant with the
Passed, approved and adopted this 2nd day
Iowa Department of Natural Resources and the
of June, 2003.
Iowa State Historic Preservation Office for Lot 1
Terrance M. Duggan, Mayor
of 1 of Government Lot #1, and Lot 1, Rock Cut
Attest: Jeanne F. Schneider, City Clerk
Subdivision, both in Section 6, T88, R3E, in the
Cline moved adoption of the Resolution and
City of Dubuque, Iowa is contingent on the
set this for public hearing on 6/16/03 at a
receipt of a grant from the Federal Recreational
meeting to commence at 6:30 P.M. in the public
Trails Fund.
library auditorium and that the City Clerk publish
Section 3. That the conveyance of
notice in the manner prescribed by law.
development rights in accordance with a deed of
Seconded by Nicholson. Motion carried 7-0.
conservation with the Iowa Natural Heritage
Foundation for Lot 1 of 1 of Government Lot #1;
Easements – Riprow Valley: City Manager
Lot 1, Rock Cut Subdivision; and Lot A of
recommending that a public hearing be set for
Government Lot #1, all in Section 6, T88, R3E,
June 16, 2003 to consider granting two
in the City of Dubuque, Iowa is contingent on the
Regular Session, June 2, 2003 169
receipt of a grant from the National Fish and Mayor Duggan turned control of the meeting to
Wildlife Foundation. Mayor Pro-Tem Cline due to possible conflict of
Section 4. That the City Clerk be and is hereby interest.
authorized and directed to cause a notice of Michalski moved that the following item be
intent to dispose of said real estate to be removed from the table: Seconded by Connors.
published in the manner as prescribed by law. Motion carried 7-0.
Passed, approved and adopted this 2nd day of QHQ Properties – Request to Rezone (Tabled
June 2003. at May 19, 2003 Meeting): Proof of publication
Terrance M. Duggan, Mayor on notice of hearing to consider rezoning
Attest: Jeanne F. Schneider, CMC, City Clerk property located south of Holliday Drive, west of
Cline moved adoption of the Resolution and the Northwest Arterial, from AG Agricultural
set this for Public Hearing on 6/16/03 at a District to C-3 General Commercial zoning
meeting to commence at 6:30 P.M. in the public district at the request of QHQ Properties and
library auditorium and that the City Clerk publish Zoning Advisory Commission recommending
notice in the manner prescribed by law. approval, with conditions; Communication from
Seconded by Nicholson. Motion carried 7-0. Mary Jungbluth in opposition to the rezoning of
property located west of the Northwest Arterial
BOARDS/COMMISSIONS
and south of Asbury Road; Communication from
Susan and Patrick Meehan sharing concerns
Applicants are invited to address the Council about the proposed rezoning of property
regarding their desire to serve on the following adjacent to their home, presented and read.
Boards/Commissions: An Ordinance Amending Appendix A (the
Community Development Advisory Zoning Ordinance) of the City of Dubuque Code
Commission (One at-large and one of Ordinances by reclassifying hereinafter
low/moderate income vacancy to expire 2/15/04 described property located south of Holliday
and two low/moderate income vacancies to Drive, west of the Northwest Arterial, from AG
expire 2/15/05) Applicants: Gina Bell (At-Large), Agricultural District to C-3 General Commercial
Sr. Paula Maloy, SVM (At-Large), David Shaw zoning district, with conditions, presented and
(Low/ Moderate Income) Gina Bell and Sr. read.
Paula Maloy both spoke requesting Ken Buesing of Buesing & Associates spoke
consideration for appointment. introducing Tim Quagliano (applicant) and
Historic Preservation Commission (One Attorney Steve Juergens, and gave the history
unexpired three-year term for Old Main District of the property.
to expire 7/1/03, one three-year term for John Jungbluth, 4911 Twilight; Patrick and
Cathedral District to expire 7/1/03, and one Susan Meehan, 2465 Samantha Dr.; Mark
three-year term for At-Large to expire 7/1/06 – Lockwood, 2215 Samantha Dr.; Danielle
currently James Gibbs) Applicants: Michael Putchio, 2220 Samantha Dr.; all spoke in
Coty (Cathedral District), James E. Gibbs (At-objection to the proposed rezoning.
Large), Christine Olson (At-Large) Michael Coty Attorney Steve Juergens, 200 Security Bldg.,
and Christine Olson both spoke requesting spoke clarifying the letters concerning the
consideration for appointment. mention of the covenants.
Investment Oversight Advisory Commission Public Works Director Mike Koch explained
(Two three-year terms to expire 7/1/06 – Terms future traffic light updates.
of Lassance and Melendez): Applicants:Paul Nicholson requested that two conditions be
Lassance and Hiram Melendez. No one spoke. added to the Ordinance – additional screening
Library Board Of Trustees – Mayor with replacement as necessary and no drinking
Appointment (Two four-year terms to expire establishments be allowed in the commercial
7/1/07 – Terms of Lindsay and Lynch) development.
Applicants:Alan Avery and Susan Lindsay. No Nicholson moved to close the public hearing
one spoke. and table the issue until the applicant brings it
Zoning Advisory Commission (Two three-year back. Seconded by Michalski. Motion carried
terms to expire 7/1/06 – Terms of Hardie and 6-0. Council directed the applicant and
Roush) Applicants:Stephen Hardie and Ben neighbors to work together to reach a mutually
Roush. No one spoke. agreeable solution to the issues presented.
PUBLIC HEARINGS
Mayor Duggan returned and took control of the
meeting.
Nicholson moved to suspend the rules to allow
anyone present to address the Council if they so Vacating Petition – Railroad Street in Centre
desire. Seconded by Connors. Motion carried Grove Addition: Proof of publication on notice of
7-0. hearing and City Manager recommending
approval of a request from Flint Drake,
170 Regular Session, June 2, 2003
representing the estate of Edward J. Zalaznik, Terrance M. Duggan, Mayor
for the vacating of Railroad Street in Centre Attest: Jeanne F. Schneider, CMC, City Clerk
Grove Addition, presented and read. Markham Markham moved adoption of the Resolution.
moved that the proof and communication be Seconded by Cline. Motion carried 7-0.
received and filed. Seconded by Cline. Motion
carried 7-0. Expansion of Vessel Systems, Inc. at the
Dubuque Industrial Center West: Proof of
RESOLUTION NO. 190-03
publication on notice of hearing and City
RESOLUTION DISPOSING OF CITY
Manager recommending approval of the
INTEREST IN LOTS 21A AND 22A OF
disposition of Lots 7 and 8 in Dubuque Industrial
nd
CENTRE GROVE IN THE CITY OF DUBUQUE,
Center West 2 Addition to Vessel Systems,
DUBUQUE COUNTY, IOWA
Inc. for the purpose of constructing a 31,000
Whereas, pursuant to resolution and published square foot manufacturing facility and approval
notice of time and place of hearing, published in of a Development Agreement with Vessel
the Telegraph Herald, a newspaper of general Systems, Inc., presented and read. Buol moved
circulation published in the City of Dubuque, that the proof and communication be received
rd
Iowa on this 23 day of May, 2003, the City and filed. Seconded by Nicholson. Motion
Council of the City of Dubuque, Iowa met on the carried 7-0.
nd
2 day of June, 2003, at 6:30 p.m. in the Public
RESOLUTION NO. 191-03
Library Auditorium, 360 West 11 Street,
RESOLUTION APPROVING A DEVELOP-
Dubuque, Dubuque County, Iowa to consider
MENT AGREEMENT PROVIDING FOR THE
the proposal for the sale of real estate described
SALE AND PRIVATE DEVELOPMENT OF
as:
LOTS 7 AND 8 DUBUQUE INDUSTRIAL
Lots 21A and 22A of Centre Grove in the City
ND
CENTER WEST 2 ADDITION IN THE CITY
of Dubuque, Dubuque County, Iowa
OF DUBUQUE, IOWA, TO VESSEL SYSTEMS,
Whereas, the City Council of the City of
INC.
Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to sell such real Whereas, this Council, by Resolution No. 166 -
estate, except for easement as noted. 03 dated May 19, 2003, declared its intent to
NOW, THEREFORE, BE IT RESOLVED BY enter into a Development Agreement with
THE CITY COUNCIL OF THE CITY OF Vessel Systems, Inc. for the sale and
DUBUQUE, IOWA: development of Lots 7 and 8 of the Dubuque
nd
Section 1. That the sale of City of Dubuque Industrial Center West 2 Addition in the City of
real property described as Lots 21A and 22A of Dubuque, Iowa, as shown on the attached plat
Centre Grove in the City of Dubuque, Dubuque (the Property); and
County, Iowa to the Edward J. Zalaznik Trust Whereas, pursuant to published notice, a
dated June 15, 1999, be and the same is hereby public hearing was held on the proposed
approved for the cost of publication, platting and disposition on June 2, 2003, at 6:30 p.m. at the
filing fees. Conveyance shall be by Quit Claim Carnegie-Stout Public Library Auditorium, 360
th
Deed. W. 11 Street, Dubuque, Iowa; and
Section 2. The City of Dubuque reserves unto Whereas, it is the determination of this Council
itself a perpetual easement including the right of that approval of the Development Agreement for
ingress and egress thereto, for the purpose of the sale to and development of the property by
erecting, installing, constructing, reconstructing, Vessel Systems, Inc. according to the terms and
repairing, owning, operating, and maintaining conditions set out in the attached Development
sanitary sewer lines as may be authorized by Agreement is in the public interest of the citizens
the City of Dubuque, Iowa as shown on the Plat of the City.
of Survey of Lots 21A and 22A of Centre Grove NOW, THEREFORE, BE IT RESOLVED BY
in the City of Dubuque, Dubuque County, Iowa. THE CITY COUNCIL OF THE CITY OF
Section 3. That the Mayor be authorized and DUBUQUE, IOWA:
directed to execute a Quit Claim Deed, and the Section 1.That the attached Development
City Clerk be and is hereby authorized and Agreement by and between the City of Dubuque
directed to deliver said deed of conveyance to and Vessel Systems, Inc. and the sale of the
the Edward J. Zalaznik Trust dated June 15, Property to Vessel Systems, Inc. is hereby
1999, upon receipt of the purchase price in full. approved.
Section 4. That the City Clerk be and is hereby Section 2. That the Mayor is hereby authorized
authorized and directed to record a certified and directed to execute the Development
copy of this resolution in the offices of the City Agreement on behalf of the City and City Clerk
Assessor, Dubuque County Recorder and is authorized and directed to attest to his
Dubuque County Auditor. signature.
nd
Passed, approved and adopted this 2 day of Section 3. That the Mayor and City Clerk are
June, 2003. hereby authorized and directed to execute and
Regular Session, June 2, 2003 171
deliver a Special Warranty Deed for the Property Paving, Division of Mathy Construction of Kieler,
as provided in the Development Agreement. Wisconsin, in the amount of $635,720.81 was
Section 4. That the City Manager is authorized the lowest bid for the furnishings of all labor and
to take such actions as are necessary to comply materials and performing the work as provided
with the terms of the Development Agreement for in the plans and specifications.
as herein approved. NOW THEREFORE, BE IT RESOLVED BY
Passed, approved and adopted this 2nd day of THE CITY COUNCIL OF THE CITY OF
June, 2003. DUBUQUE, IOWA:
Terrance M. Duggan, Mayor That the contract for the above improvement
Attest: Jeanne F. Schneider, City Clerk be awarded to River City Paving, Division of
Buol moved adoption of the Resolution. Mathy Construction and the Manager be and is
hereby directed to execute a contract on behalf
Seconded by Nicholson. Motion carried 7-0.
of the City of Dubuque for the complete
performance of the work.
2003 (Fiscal Year 2004) Asphalt Paving
BE IT FURTHER RESOLVED:
Project: Proofs of publication on notice of
That upon the signing of said contract and the
hearing on plans and specifications and notice
approval of the contractor’s bond, the City
to bidders on the receipt of bids, and City
Treasurer is authorized and instructed to return
Manager recommending award of a contract for
the bid deposits of the unsuccessful bidders.
the 2003 (Fiscal Year 2004) Asphalt Paving
nd
Passed, approved and adopted this 2 day of
Project to River City Paving, a Division of Mathy
June, 2003.
Construction, in the amount of $635,720.71,
Terrance M. Duggan, Mayor
presented and read. Nicholson moved that the
Attest: Jeanne F. Schneider, CMC, City Clerk
proofs and communication be received and filed.
Nicholson moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 192-03
Nicholson moved that the rules be reinstated
RESOLUTION ADOPTING
limiting discussion to the Council. Seconded by
PLANS AND SPECIFICATIONS
Connors. Motion carried 7-0.
th
Whereas, on the 30 day of April, 2003, plans,
specifications, form of contract and estimated
ACTION ITEMS
cost were filed with the City Clerk of Dubuque,
Iowa for the 2003 Asphalt Paving Project (Fiscal
Grand River Center Naming Opportunities:
Year 2004).
City Manager recommending that naming
Whereas, notice of hearing on plans,
opportunities be made available for different
specifications, form of contract, and estimated
spaces at the Grand River Center, the Shot
cost was published as required by law.
Tower Visitor Center and the Hawthorne Street
NOW THEREFORE, BE IT RESOLVED BY
Peninsula Water Works Park and approval of
THE CITY COUNCIL OF THE CITY OF
temporary names for the meeting rooms at the
DUBUQUE, IOWA:
Grand River Center, presented and read. Cline
That the said plans, specifications, form of
moved that the communication be received and
contract and estimated cost are hereby
filed and approved recommendation. Seconded
approved as the plans, specifications, form of
by Nicholson. Motion carried 7-0.
contract and estimated cost for said
improvements for said project.
Busted Lift Outdoor Service Agreement: City
nd
Passed, adopted and approved this 2 day of
Manager recommending approval of a Lease
June, 2003.
Agreement Between the City of Dubuque and
Terrance M. Duggan, Mayor
John Finn for the use of public right of way for
Attest: Jeanne F. Schneider, CMC, City Clerk
outdoor service at the Busted Lift, presented and
Nicholson moved adoption of the Resolution.
read. Cline moved that the communication be
Seconded by Cline. Motion carried 7-0.
received and filed and approved
recommendation of Lease Agreement.
RESOLUTION NO. 193-03
Seconded by Buol. Motion carried 7-0.
AWARDING CONTRACT
Whereas, sealed proposals have been
Pre-Disaster Mitigation Planning Committee:
submitted by contractors for the 2003 ACC
Communication of the City Manager to Mayor
Paving Project pursuant to Resolution No. 147-
Duggan requesting that he make appointments
03 and notice to bidders published in a
of city representatives to the Pre-Disaster
newspaper published in the City of Dubuque,
Mitigation Planning Committee, presented and
th
Iowa on the 9 day of May, 2003.
read. Markham moved that the communication
Whereas, said sealed proposals were opened
be received and filed and approved
nd
and read on the 22 day of May, 2003, and it
appointments of Council Members Dan
has been determined that the bid of River City
172 Regular Session, June 2, 2003
Nicholson and Ann Michalski and staff currently
serving. Seconded by Cline. Motion carried 7-
0.
Approved:__________________________2003
Budget Reduction Worksession: City Manager
requesting City Council direction on a date for Adopted:___________________________2003
the Budget Reduction Worksession, presented
and read. Cline moved that a Worksession
would be held on this matter on Monday, June ______________________________________
23, 2003 at 6:00 P.M. at the Library Auditorium. Mayor
Seconded by Nicholson. Motion carried 7-0.
______________________________________
PUBLIC INPUT
______________________________________
Tom Ready, President of the Firefighter’s
Assn., spoke stating a large number of ______________________________________
firefighters will be in attendance at the budget
work session so they might need a larger ______________________________________
meeting room.
John Finn spoke in support of the firefighters ______________________________________
and all public safety employees.
______________________________________
At 8:47 P.M. Buol moved to go into Closed Council Members
Session re: Pending Litigation – Chapter 21.5(1)
(c) 2003 Code of Iowa. Seconded by Markham. Attest:
Motion carried 7-0.
______________________________________
At 8:57 P.M. Council reconvened regular City Clerk
session. Michalski moved to approve the
Diamond Jo Parking Lot indemnity agreement.
Seconded by Cline. Motion carried 7-0.
There being no further business, Michalski
moved to adjourn. Seconded by Cline. Motion
carried 7-0. The meeting adjourned at 8:58
P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 6/11
Special Session, Municipal Housing Agency, June 16, 2003 173
CITY OF DUBUQUE, IOWA
/s/ Jeanne F. Schneider, CMC
CITY GOVERNING BOARD
City Clerk
MUNICIPAL HOUSING AGENCY
1t 6/26
OFFICIAL
Approved:__________________________2003
Governing Board of the Municipal Housing
Adopted:___________________________2003
Agency, June 16, 2003
Board met at 6:15 P.M. in the Public Library
Auditorium
______________________________________
Mayor
Present: Chairperson Duggan, Members Buol,
Connors, Markham, Michalski, Nicholson, Plein
______________________________________
Absent: Member Cline.
______________________________________
Chairperson Duggan read the call and stated
this is a session of the Governing Board of the
______________________________________
Municipal Housing Agency called for the
purpose of approving a Mainstream Program
______________________________________
Voucher Application for Section 8 Housing
Assistance.
______________________________________
RESOLUTION NO. 194-03
______________________________________
RESOLUTION APPROVING AN APPLICA-
Council Members
TION FOR SECTION 8 MAINSTREAM
PROGRAM HOUSING VOUCHERS
Attest:
Whereas, the City of Dubuque Municipal
Housing Agency Governing Board has
______________________________________
determined a need for additional assisted
City Clerk
housing units for the City’s lower income
disabled households; and
Whereas, the Governing Board has reviewed
and considered a Mainstream Program voucher
application; and
Whereas, this application for additional
housing vouchers has been prepared for
submittal to the US Department of Housing and
Urban Development.
NOW, THEREFORE, BE IT RESOLVED BY
THE MUNICIPAL HOUSING AGENCY
GOVERNING BOARD OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The application is hereby approved
for submittal to the US Department of Housing
and Urban Development.
Section 2. The Chairperson of the Governing
Board is hereby authorized to sign the
application documents and resulting standard
annual contributions contracts.
Passed, approved and adopted this 16th day
of June, 2003.
Terrance M Duggan, Chairperson
Attest: Jeanne F Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
There being no further business, Michalski
moved to adjourn. Seconded by Connors.
Motion carried 7-0. The meeting adjourned at
6:20 P.M.
174 Regular Session, June 16, 2003
presented and read. Buol moved that the
DUBUQUE
communication be received and filed. Seconded
by Markham. Motion carried 6-0.
CITY COUNCIL
OFFICIAL
Notice of Claims/Suits: Michael Bartolotta for
PROCEEDINGS
towing expense; Linda Boothby for property
damage; Gregg Liddle for vehicle damage;
City Council, Regular Session, June 16, 2003
Chessica Sanchez for vehicle damage,
Council met in Regular Session at 6:30 P.M. in
presented and read. Buol moved that the
the Library Auditorium
claims and suits be referred to the Legal Staff for
investigation and report. Seconded by
Present: Mayor Duggan, Council Members
Markham. Motion carried 6-0.
Buol, Connors, Markham, Michalski, Nicholson,
City Manager Michael Van Milligen, Corporation
Corporation Counsel advising that the
Counsel Barry Lindahl.
following claim has been referred to Public Entity
Absent at Roll Call: Council Member Cline
Risk Services of Iowa, the agent for the Iowa
who joined the meeting electronically at 6:50
Communities Assurance Pool: Linda Boothby,
P.M.
presented and read. Buol moved that the
communication be received and filed and
Mayor Duggan read the call and stated this is
concurred. Seconded by Markham. Motion
a regular session of the City Council called for
carried 6-0.
the purpose of discussing such matters which
may properly come before the City Council.
Corporation Counsel recommending denial of
the claim of Susan Breitbach for vehicle damage
Invocation was given by Dianne Grace, Pastor
and referring her to the Iowa Department of
of Immanuel Congregational Church of Christ.
Transportation and denial of the claim of
Chessica Sanchez for vehicle damage and
Proclamations: Homeownership Month (June,
referring her to J & E Excavating, presented
2003) received by Jerry Mulert; St. Mark
and read. Buol moved that the communications
Community Center’s Appreciation Day to the
be received and filed and concurred. Seconded
Community, received by Karol-Jean Manikkam;
by Markham. Motion carried 6-0.
and Apples for Students Months (June and July,
2003), received by Karol-Jean Manikkam.
Citizen Communications: Communications
from citizens regarding the City of Dubuque
CONSENT ITEMS
budget and possible reductions and
communication from Susan and Patrick Meehan
Minutes and Reports Submitted: Cable TV
thanking Council for the opportunity to share
Teleprogramming Commission of 5/6 and 6/3;
their concerns about the QHQ rezoning,
City Council of 6/2; Historic Preservation
presented and read. Buol moved that the
Commission of 5/15; Human Rights Commission
communications be received and filed.
of 5/12; Long Range Planning Advisory
Seconded by Markham. Motion carried 6-0.
Commission of 5/21; Mechanical Board of 6/4;
Zoning Advisory Commission of 6/4; Zoning
Community Development Advisory
Board of Adjustment of 5/22, presented and
Commission: Communication from the
read. Buol moved that the minutes be received
Community Development Advisory Commission
and filed. Seconded by Markham. Motion
regarding the potential impact of Fiscal Year
carried 6-0.
2004 budget reductions to the City’s community
development program, presented and read.
Proof of publication of City Council
Buol moved that the communication be received
proceedings of May 19, 2003, presented and
and filed. Seconded by Markham. Motion
read. Buol moved that the proof be received
carried 6-0.
and filed. Seconded by Markham. Motion
carried 6-0.
Office of the Governor: Communication from
Governor Thomas J. Vilsack, dated May 22,
Printed Council Proceedings for February and
2003, regarding the Reinventing Government
March, 2003, presented and read. Buol moved
Bill, presented and read. Buol moved that the
that the proceedings be received and filed and
communication be received and filed. Seconded
approved as printed. Seconded by Markham.
by Markham. Motion carried 6-0.
Motion carried 6-0.
Communication from Governor Thomas J.
Finance Director submitting the financial
Vilsack, dated June 9, 2003, regarding the
reports for the month ending May 31, 2003,
Reinventing Government Bill, presented and
Regular Session, June 16, 2003 175
read. Buol moved that the communication be Section 1. That the Mayor and Corporation
received and filed. Seconded by Markham. Counsel be and they are hereby authorized and
Motion carried 6-0. directed to endorse, on behalf of the City
Council of the City of Dubuque, Iowa, the
Communication of City Manager to Governor attached CEBA Loan Agreement.
Vilsack requesting that he veto HF 692 and HF Section 2. That the City Manager be and he is
683 which exclude using funds from the recently hereby authorized to disburse loan funds to
passed Federal Stimulus Package to provide Barnstead International from the CEBA program
relief to Iowa cities impacted by SF 453, in accordance with the terms and conditions of
presented and read. Buol moved that the the executed Agreement.
communication be received and filed. Seconded Passed, approved and adopted this 16th day
by Markham. Motion carried 6-0. of June, 2003.
Terrance M. Duggan, Mayor
Iowa Department of Economic Development – Attest: Jeanne F. Schneider, City Clerk
Barnstead International: Communication from Buol moved adoption of the Resolution.
the Iowa Department of Economic Development Seconded by Markham. Motion carried 6-0.
advising that the City’s Community Economic
Betterment Account (CEBA) application for City Development Board: Communication from
Barnstead International has been approved, Steven R. McCann, City Development
presented and read. Buol moved that the Administrator, advising that the City’s voluntary
communication be received and filed. Seconded annexation request will be heard by the City
by Markham. Motion carried 6-0. Development Board at their July 2003 meeting,
presented and read. Buol moved that the
City Manager recommending execution of a communication be received and filed. Seconded
Community Economic Betterment Loan by Markham. Motion carried 6-0.
Agreement (CEBA) of $60,000 to support
Barnstead International’s expansion project in Iowa Department of Transportation: Communi-
Dubuque, presented and read. Buol moved that cation from the Iowa Department of
the communication be received and filed. Transportation advising that control of certain
Seconded by Markham. Motion carried 6-0. primary roadways will be transferred to local
jurisdictions effective July 1, 2003, presented
RESOLUTION NO. 195-03
and read. Buol moved that the communication
A RESOLUTION AUTHORIZING THE
be received and filed. Seconded by Markham.
EXECUTION OF A COMMUNITY ECONOMIC
Motion carried 6-0.
BETTERMENT ACCOUNT LOAN AGREE-
MENT FOR SIXTY THOUSAND DOLLARS
Stone Quarry Subdivision – Final Plat: Zoning
($60,000) WITH BARNSTEAD INTER-
Advisory Commission recommending approval
NATIONAL
of the final plat of Stone Quarry Subdivision as
Whereas, the Community Economic requested by Schneider Land Surveying / River
Betterment Account (CEBA) program has been City Stone Company, presented and read. Buol
created by the Iowa Department of Economic moved that the communication be received and
Development to assist in the economic filed. Seconded by Markham. Motion carried 6-
development efforts of local jurisdictions; and 0.
Whereas, on May 15, 2003, the City of
RESOLUTION NO. 196-03
Dubuque, Iowa was awarded a sixty thousand
RESOLUTION APPROVING THE FINAL PLAT
dollar ($60,000) loan/forgivable loan from the
OF STONE QUARRY SUBDIVISION IN THE
CEBA program by the Iowa Department of
COUNTY OF DUBUQUE, IOWA.
Economic Development; and
Whereas, the City of Dubuque, Iowa desires to Whereas, there has been filed with the City
assist Barnstead International in its efforts to Clerk a final plat of Stone Quarry Subdivision;
expand its operations in Dubuque and create and
new, permanent employment opportunities for Whereas, said final plat provides Lots 1 and 2
local citizens; and with 0 feet of lot frontage, where 50 feet is
Whereas, a CEBA Loan Agreement, hereto required; and
attached and by this reference made a part Whereas, said final plat has been examined by
hereof, is to be executed between the Iowa the Zoning Advisory Commission and had its
Department of Economic Development, approval endorsed thereon; and
Barnstead International and the City of Whereas, said final plat has been examined by
Dubuque, Iowa. the City Council and they find that it conforms to
NOW, THEREFORE, BE IT RESOLVED BY the statutes and ordinances relating thereto.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
176 Regular Session, June 16, 2003
NOW THEREFORE, BE IT RESOLVED BY contract with History Pays! for this project in an
THE CITY COUNCIL OF THE CITY OF amount not to exceed $27,830.00.
th
DUBUQUE, IOWA: Passed, approved and adopted this 16day of
Section 1. That Section 42-19(b) of the June 2003.
Subdivision Regulations is waived to allow Lots Terrance M. Duggan, Mayor
1 and 2 to have 0 feet of frontage, where 50 feet Attest: Jeanne F. Schneider, City Clerk
of lot frontage is required. Buol moved adoption of the Resolution.
Section 2. That the final plat of Stone Quarry Seconded by Markham. Motion carried 6-0.
Subdivision is hereby approved, and the Mayor
Plat of Survey – Ham’s Addition: City
and City Clerk are hereby authorized and
Manager recommending approval of the Plat of
directed to endorse the approval of the City of
Survey of Lot 1 of 319 and Lot 2 of 319 of Eagle
Dubuque, Iowa upon said final plat.
th
Point or Ham’s Addition in the City of Dubuque,
Passed, approved and adopted this 16 day of
Iowa, presented and read. Buol moved that the
June 2003.
communication be received and filed. Seconded
Terrance M. Duggan, Mayor
by Markham. Motion carried 6-0.
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
RESOLUTION NO. 198-03
Seconded by Markham. Motion carried 6-0.
RESOLUTION APPROVING PLAT OF
SURVEY OF LOT 1 AND LOT 2 OF 319 HAM’S
Wynstone Subdivision – Preliminary Plat:
ADDITION
Zoning Advisory Commission advising that the
Whereas, there has been presented to the City
preliminary plat of Wynstone Subdivision has
Council of the City of Dubuque, Iowa, a plat
been approved and is being submitted to the
dated June 2, 2003 prepared by IIW Engineers
City Council for information only, presented and
& Surveyors, P.C. describing Lot 1 and Lot 2 of
read. Buol moved that the communication be
319 Ham’s Addition; and
received and filed. Seconded by Markham.
Whereas, said plat conforms to the laws and
Motion carried 6-0.
statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY
Historical/Architectural Survey – Phase IV
THE CITY COUNCIL OF THE CITY OF
Consultant Selection: City Manager
DUBUQUE, IOWA:
recommending approval of Jim Jacobsen of
Section 1. That the plat dated June 2, 2003
History Pays! as the consultant to conduct
prepared by IIW Engineers & Surveyors, P.C.,
Phase IV of the architectural/historic survey,
relative to the real estate hereinabove described
presented and read. Buol moved that the
be and the same is hereby approved, and the
communication be received and filed. Seconded
Mayor and City Clerk be and they are hereby
by Markham. Motion carried 6-0.
authorized and directed to execute said plat on
behalf of the City of Dubuque, Iowa.
RESOLUTION NO. 197-03
Section 2. That the City Clerk be and is hereby
RESOLUTION APPROVING A CONTRACT
authorized and directed to file said plat and
FOR PHASE IV NATIONAL REGISTER
certified copy of this resolution in the office of
NOMINATION AND AMENDMENT PROJECT
the Recorder, in and for Dubuque County, Iowa.
Whereas, the State Historical Society of Iowa
Passed, approved and adopted this 16th day
has awarded the City of Dubuque a Certified
of June, 2003.
Local Government (CLG) grant to conduct the
Terrance M. Duggan, Mayor
Phase IV National Register Nomination and
Attest: Jeanne F. Schneider, CMC, City Clerk
Amendment Project; and
Buol moved adoption of the Resolution.
Whereas, the City Council has budgeted funds
Seconded by Markham. Motion carried 6-0.
to conduct a Phase IV National Register
Nomination and Amendment Project; and
Legislative Correspondence: Communication
Whereas, the City Council has determined that
from Congressman Jim Nussle regarding state
this project should be completed concurrently
aid provisions included in the Jobs and Growth
and with assistance from a qualified consultant.
Tax Act, presented and read. Buol moved that
NOW THEREFORE, BE IT RESOLVED BY
the communication be received and filed.
THE CITY COUNCIL OF THE CITY OF
Seconded by Markham. Motion carried 6-0.
DUBUQUE, IOWA:
Section 1. That the City Council does hereby
Iowa Department of Public Health Childhood
award the contract for the Phase IV National
Lead Poisoning Funding: City Manager
Register Nomination and Amendment Project to
recommending approval of a contract with the
Jim Jacobsen of History Pays! of Des Moines,
Iowa Department of Public Health for continued
Iowa.
funding of the Childhood Lead Poisoning
Section 2. That the Planning Services
Prevention Program (CLPPP) and a renewed
Manager is hereby authorized to negotiate a
Regular Session, June 16, 2003 177
agreement with the Visiting Nurse Association the U.S. Department of Housing and Urban
for services related to the program, presented Development in the amount of $357,660 for
and read. Buol moved that the communication cleanup activities in the Port of Dubuque,
be received and filed. Seconded by Markham. presented and read. Buol moved that the
Motion carried 6-0. communication be received and filed. Seconded
by Markham. Motion carried 7-0.
RESOLUTION NO. 199-03
A RESOLUTION AUTHORIZING THE CITY RESOLUTION NO. 200-03
MANAGER OR HIS DESIGNEE TO SIGN A A RESOLUTION AUTHORIZING THE FILING
CONTRACT WITH THE IOWA DEPARTMENT OF AN APPLICATION TO THE DEPARTMENT
OF PUBLIC HEALTH AND AN AGREEMENT OF HOUSING AND URBAN DEVELOPMENT
WITH THE DUBUQUE VISITING NURSE
Whereas, the City Council of Dubuque has
ASSOCIATION.
approved a Master Plan for the Port of Dubuque;
Whereas, the City of Dubuque has established and
such a local childhood lead poisoning prevention Whereas, the City Council of Dubuque, Iowa is
program; and committed to the acquisition and assembly of
Whereas, the Iowa Department of Public properties in the Port of Dubuque to implement
Health has offered to provide financial support the Master Plan; and
for activities relating to the local childhood lead Whereas, the Department of Housing and
poisoning prevention program in the City of Urban Development (HUD) has been provided
Dubuque; and direction from Congress to assist the City of
Whereas, the City of Dubuque will provide Dubuque in the clean-up of properties in the Port
environmental and medical case management of of Dubuque, and
identified lead poisoned children in addition to Whereas, HUD has invited the City to submit
community outreach and education on the an application for Economic Development
problem of childhood lead poisoning. Initiative assistance in the amount of $357,660.
Whereas, the City of Dubuque must provide NOW, THEREFORE, BE IT RESOLVED BY
medical case management for all lead poisoned THE CITY COUNCIL OF THE CITY OF
children in the city, and provide community DUBUQUE, IOWA:
outreach and education; and Section 1. That the filing of an application for
Whereas, the City of Dubuque will enter into $357,660 of HUD Economic Development
an agreement with the Dubuque Visiting Nurse Initiative for cleanup activities in the Port of
Association to provide medical case Dubuque is hereby approved.
management of lead poisoned children and Section 2. That the Mayor is hereby authorized
conduct community outreach and education for to execute the application, and execute a
the citizens of Dubuque. contract with HUD for $357,600; and the City
NOW, THEREFORE, BE IT RESOLVED BY Manager is hereby directed to submit the
THE CITY COUNCIL OF THE CITY OF application and contract documents to the
DUBUQUE, IOWA: Department of Housing and Urban Development
Section 1. That the City of Dubuque, Iowa together with other attachments as may be
hereby approves the attached contract between required.
the Iowa Department of Public Health and the Passed, approved, and adopted this 16th day
City of Dubuque, Iowa. of June, 2003.
Section 2. That the attached Memorandum of Terrance M. Duggan, Mayor
Understanding by and between the City of Attest: Jeanne F. Schneider, City Clerk
Dubuque, Iowa and the Dubuque Visiting Nurse Buol moved adoption of the Resolution.
Association is hereby approved. Seconded by Markham. Motion carried 7-0.
Section 3. That the City Manager or his
designee is hereby authorized and directed to Liquor License Transfer: Request of the
execute said contract and agreement on behalf Dubuque County Historical Society to transfer
of the City of Dubuque, Iowa. their liquor license from the Ryan House to their
Passed, approved and adopted this 16th day parking lot at 350 East Third Street for the Taste
of June 2003. of Dubuque event to be held on August 6, 2003,
Terrance M. Duggan, Mayor presented and read. Buol moved that the
Attest: Jeanne F. Schneider, City Clerk communication be received and filed and
Buol moved adoption of the Resolution. request approved. Seconded by Markham.
Seconded by Markham. Motion carried 7-0. Motion carried 6-0.
Economic Development Initiative Special QHQ Rezoning: City Manager submitting
Project Grant Application: City Manager information regarding the QHQ rezoning issue,
recommending approval of an Economic presented and read. Buol moved that the
Development Initiative (EDI) grant application to
178 Regular Session, June 16, 2003
RESOLUTION NO. 201-03
communication be received and filed. Seconded
by Markham. Motion carried 6-0. NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
Project Concern: Communication from Al DUBUQUE, IOWA:
Urbain and Steve Jacobs of Project Concern That the following having complied with the
regarding the serious budget problems facing provisions of law relating to the sale of
the City of Dubuque, presented and read. Buol Cigarettes within the City of Dubuque, Iowa, be
moved that the communication be received and granted a permit to sell Cigarettes and Cigarette
filed. Seconded by Markham. Motion carried 6-Papers within said City.
0. 48 RENEWALS
5 Point Mart 5 Point Mart Inc.
Visiting Nurse Association: Communication 405 Rhomberg Av
th
from Nan Colin, VNA Director, thanking the City 16 St Auto Truck Plaza Mulgrew Oil Com.
th
Council for awarding the Visiting Nurse 1215 E. 16 St
Association a Community Partnership Grant to A & B Tap Inc. Carol Meyers
provide dental health screening and service to 2600 Dodge St
low-income elderly in Dubuque, presented and Aragon Tap Myra Woodman
read. Buol moved that the communication be 1103 Iowa St
received and filed. Seconded by Markham. Asbury Amoco Foodshop Mulgrew Oil Com.
Motion carried 6-0. 3300 Asbury Rd
Beecher Co. Inc. Beecher Co.
City of Asbury – Voluntary Annexation: 1691 Asbury Rd
Notification from the City of Asbury of a public Big 10 Mart Molo Oil Co.
hearing to be held June 24, 2003, to consider a 1875 JFK Rd
voluntary annexation request from Joel Big 10 Mart Molo Oil Co
Callahan, Callahan Construction, Inc., presented 2100 JFK Rd
and read. Buol moved that the communication Big 10 Mart Molo Oil Co.
th
be received and filed. Seconded by Markham. 9 & Central Ave
Motion carried 6-0. Bodines Bodines LLC
1445 Central Ave
Supreme Court of the United States: Opinion Casey General Store #2421 Casey’s
of the Supreme Court of the United States in the Marketing 4003 Peru Rd
matter of Fitzgerald, Treasurer of Iowa v. Racing Casey’s General Store #2420 Casey’s
Association of Central Iowa, et al. presented and Marketing 2699 Rockdale
read. Buol moved that the communication be Cedar Cross Amoco LB Metcalf Inc.
received and filed. Seconded by Markham. 1200 Cedar Cross Rd
Motion carried 6-0. Dempsey’s/Molly’s Pub & Grub Deborah
th
Clifford 395 W. 9 St
Individual and Aggregate Stop Loss Insurance Cue Master Billiards Marvin Rapp
Renewal – Health Plans: City Manager 900 Central Av
recommending approval of the renewal proposal Dubuque Discount Gas Dubuque Discount
for Fiscal Year 2004 presented by Health Gas 4110 Dodge St
Choices for the City’s individual and aggregate Dubuque Inn Dubuque Inn Corp
stop loss insurance, presented and read. Buol 3434 Dodge St
moved that the communication be received and Family Mart Family Mart Inc.
filed and recommendation approved. Seconded 3201 Central Av
by Markham. Motion carried 6-0. Hartig Drug # 3 Hartig Drug Co. Inc
2255 JFK Rd
Joint Labor Management Health Care Hartig Drug # 4 Hartig Drug Co. Inc
Committee Agreement: City Manager 2225 Central Av
recommending approval of an amendment to the Hartig Drug # 8 Hartig Drug Co. Inc
Joint Labor Management Health Care 1333 Delhi St
Committee Agreement which will be in effect Hartig Drug # 2 Hartig Drug Co. Inc.
until June 30, 2005, presented and read. Buol 157 Locust St
moved that the communication be received and Hill Street Plaza Jim Miller
filed and recommendation approved. Seconded 535 Hill St
by Markham. Motion carried 6-0. Instant Replay Pamela Arensdorf
1602 Central Av
Business Licenses: IOCO Speede Shoppe Iowa Oil Com.
2335 University Av
IOCO Speede Shoppe Iowa Oil Com.
3270 Dodge St
Regular Session, June 16, 2003 179
IOCO Speede Shoppe Iowa Oil Com. NOW, THEREFORE, BE IT RESOLVED BY
2150 Twin Valley Dr THE CITY COUNCIL OF THE CITY OF
Iowa Potato/Produce House / Tobacco World DUBUQUE, IOWA:
Iowa Potatoe & Produce House 2600 Dodge St That the Manager be authorized to cause to be
K-Mart 4018 K-mart Corp issued the following named applicants a Beer
2600 Dodge St Permit.
Knicker’s Saloon Curtis Gerhard CLASS “C” BEER PERMIT
2188 Central Av Rainbo Oil Company Kwik Stop Food+
Loras Amoco Foodshop Mulgrew Oil Co (Sunday Sale) 1401 Central Av
1450 Loras Blvd LB Metcalf, Inc Cedar Cross Amoco+
Midway Hotel/Hoffman House Restr WCB (Sunday Sale) 1200 Cedar Cross
Hotel 3100 Dodge St Passed, approved and adopted this 16th day
Oky Doky # 1 TFM Co. of June, 2003.
st
250 W. 1 St Terrance M. Duggan, Mayor
Oky Doky # 2 TFM Co. Attest: Jeanne F. Schneider, CMC, City Clerk
nd
51 W. 32 St Buol moved adoption of the Resolution.
Oky Doky # 6 TFM Co. Seconded by Markham. Motion carried 6-0.
1250 Iowa St
RESOLUTION NO. 203-03
Oky Doky # 21 TFM Co.
2010 Kerper Blvd Whereas, applications for Liquor Licenses
Paro Food Mart Sahajanand Entr. Inc. have been submitted to this Council for approval
3200 Central Av and the same have been examined and
Phillips/66Arby’s Liberty Station, LLC approved; and
10 S. Main St Whereas, the premises to be occupied by such
Plaza 20 Amoco A & T LLC applicants were inspected and found to comply
2600 Dodge St with the State Laws and all City Ordinances
Puff n Snuff Molo Oil Com. relevant thereto and they have filed proper
1101 Rhomberg Av bonds.
Puff n Snuff Molo Oil Com NOW, THEREFORE, BE IT RESOLVED BY
2013 Central Av THE CITY COUNCIL OF THE CITY OF
Ron’s Discount Smokes & Beverage Ctr RKM DUBUQUE, IOWA:
LLC 1701 JFK Rd That the Manager be authorized to cause to be
Sid’s Beverage Sid’s Beverage issued the following named applicants a Liquor
2727 Dodge St License.
Tobacco Outlet Plus # 564 Kwik Trip, Inc. CLASS “C” BEER/LIQUOR LICENSE
66 W. 32n St Creslanes Bowling, Inc. Creslanes Bowling+
Tobacco Outlet Plus # 504 Kwik Trip Inc. (Sunday Sale) 255 S Main St
806 Wacker Dr Plastic Center, Inc. Fischer Lanes+
Walgreens # 06154 Walgreen Co. (Sunday Sale) 880 Locust St
2260 JFK Rd Jyme Lyons Jym’s Bar+
Walgreens; # 377 Walgreen Co. (Sunday Sale) 1700 Central Av
555 JFK Rd DBQ American Legion Post # 6 American
Whiskey River Chad Streff Legion #6+(Sunday Sale) 1306 Delhi St
1064 University Av Tom Koch Paul’s Tavern+
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Passed, approved and adopted this day 16 of (Sunday Sale) 176 Locust St
June, 2002. Curtis Gerhard Knicker’s Saloon+
Terrance M. Duggan, Mayor (Sunday Sale) 2186 Central Av
Attest: Jeanne F. Schneider, CMC, City Clerk Toreros Toreros+
Buol moved adoption of the Resolution. (Sunday Sale) 4031 Pennsylvania
Seconded by Markham. Motion carried 6-0. Jumpers Sports Bar Jumpers Sport Bar
(1 Day Outdoor Sale) 2600 Dodge St
RESOLUTION NO. 202-03
Apple Corp LP Applebee’s Grill/Bar+
Whereas, applications for Beer Permits have (Sunday Sale) 1395 Associates Dr
been submitted and filed to this Council for Passed, approved and adopted this 16th day
approval and the same have been examined of June, 2003
and approved: and Terrance M. Duggan, Mayor
Whereas, the premises to be occupied by Attest: Jeanne F. Schneider, CMC, City Clerk
such applicants were inspected and found to Buol moved adoption of the Resolution.
comply with the Ordinances of the City and have Seconded by Markham. Motion carried 6-0.
filed proper bonds.
Extra Work Order – Iowa Department of
Transportation US Highway 20 Interim Traffic
180 Regular Session, June 16, 2003
Signal Improvements Project: City Manager term of Gibbs). Applicants: Michael Coty
recommending approval to enter into an (Cathedral District), James E. Gibbs (At-Large),
agreement with the Iowa Department of Christine Olson (At-Large) and David C. Stuart
Transportation for a change order on the US (At-Large). Vote on the appointments was as
Highway 20 Interim Traffic Signal Improvements follows: Duggan voted for Coty and Olson;
Project for the installation of a four inch interduct Markham voted for Coty and Olson; Michalski
for future City fiber optics use, presented and voted for Coty and Stuart; Nicholson voted for
read. Buol moved that the communication be Coty and Stuart; Buol voted for Coty and Olson.
received and filed and approved Cline – Absent. Connors voted for Coty and
recommendation. Seconded by Markham. Olson. Therefore, Michael Coty appointed to the
Motion carried 6-0. Cathedral District and Christine Olson appointed
for the At-Large position with both terms to
BOARDS/COMMISSIONS
expire 7/1/06.
Applicants are invited to address the Council Investment Oversight Advisory Commission
regarding their desire to serve on the following (Two three-year terms to expire 7/1/06 – terms
Boards/Commissions: of Lassance and Melendez): Applicants:Paul
Civic Center Commission (Two three-year Lassance and Hiram Melendez. Markham
terms to expire 6/29/06 – terms of Dolphin and moved that Paul Lassance and Hiram Melendez
Fuller): Applicants: Gary Dolphin and Cynthia A. be reappointed to terms to expire 7/1/06.
Fuller. Ms. Fuller spoke requesting consideration Seconded by Nicholson. Motion carried 6-0.
for reappointment. Library Board of Trustees – Mayor
Historic Preservation Commission (One Appointment (Two four-year terms to expire
unexpired three-year term for Old Main District 7/1/07 – terms of Lindsay and Lynch).
through 7/1/05; One three-year term for Applicants: Alan Avery and Susan Lindsay.
Cathedral District through 7/1/06; One three-Mayor Duggan appointed Alan Avery and Susan
year term for At-Large through 7/1/06 – term of Lindsay to the Library Board of Trustees for
Gibbs): Applicant: David C. Stuart (At-Large). terms to expire 7/1/07. Michalski moved to
Mr. Stuart spoke requesting consideration for approve the Mayor’s appointments. Seconded
appointment. by Markham. Motion carried 6-0.
Long Range Planning Advisory Commission Zoning Advisory Commission (Two three-year
(Two three-years terms through 7/1/06 – terms terms to expire 7/1/06 – terms of Hardie and
of Neumeister and Stein): Applicants: Dr. Mary Roush) Applicants: Stephen Hardie and Ben
Lynn Neumeister and Rick Stein. No one spoke. Roush. Markham moved that Stephen Hardie
Park and Recreation Advisory Commission and Ben Roush be reappointed to three year
(One three-year term through 6/30/06 – term of terms to expire 7/1/06. Seconded by Buol.
Duggan): Applicant:Chuck Duggan. No one Motion carried 6-0.
spoke.
PUBLIC HEARINGS
Appointments to the following Boards / Com-
missions: Council Member Cline joined the meeting
Community Development Advisory Com-electronically – via telephone at 6:50 P.M.
mission (One at-large and one low/moderate
income vacancy to expire 2/15/04 and two Michalski moved that the rules be suspended
low/moderate income vacancies to expire to allow anyone present to speak. Seconded by
2/15/05). Applicants: Gina Bell (At-Large), Sr. Nicholson. Motion carried 7-0.
Paula Maloy, SVM (At-Large), David Shaw
(Low/Moderate Income). Vote on the Carey Graybill/Steelegray, Inc.: Proof of
appointments was as follows: Duggan voted for publication on notice of hearing to consider
Maloy and Shaw. Markham voted for Bell and rezoning property located at 2915 John F.
Shaw. Michalski voted for Maloy and Shaw. Kennedy Road from AG Agricultural District to
Nicholson voted for Maloy and Shaw. Buol R-1 Single-Family Residential District at the
voted for Bell and Shaw. Cline – Absent. request of Carey Graybill/Steelegray, Inc. and
Connors voted for Maloy and Shaw. Therefore, Zoning Advisory Commission recommending
Sr. Paula Maloy, SVM appointed to an At-Large approval, presented and read. Buol moved that
term which will expire 2/15/04 and David Shaw the proof and communication be received and
appointed to the Low/Moderate Income Area filed. Seconded by Markham. Motion carried 7-
term which will expire 2/15/05. 0.
Historic Preservation Commission (One Carey Graybill spoke requesting approval of
unexpired three-year term for Old Main District the rezoning.
to expire 7/1/03, one three-year term for An Ordinance Amending Appendix A (the
Cathedral District to expire 7/1/06, and one Zoning Ordinance) of the City of Dubuque Code
three-year term for At-Large to expire 7/1/06 of Ordinances by reclassifying hereinafter
Regular Session, June 16, 2003 181
RESOLUTION NO. 204-03
described property located west of 2915 John F.
RESOLUTION DISPOSING OF CITY
Kennedy Road from AG Agricultural District to
INTEREST IN LOT 2 OF 319 OF HAM’S
R-1 Single-Family Residential District, presented
ADDITION, DUBUQUE, IOWA
and read.
Whereas, pursuant to resolution and published
OFFICIAL PUBLICATION
notice of time and place of hearing, published in
ORDINANCE NO. 43-03
the Telegraph Herald, a newspaper of general
AN ORDINANCE AMENDING APPENDIX A
circulation published in the City of Dubuque,
(THE ZONING ORDINANCE) OF THE CITY OF
Iowa on the 6th day of June, 2003, the City
DUBUQUE CODE OF ORDINANCES BY
Council of the City of Dubuque, Iowa met on the
th
RECLASSIFYING HEREINAFTER DESCRI-
16day of June,2003, at 6:30 p.m. in the
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BED PROPERTY LOCATED AT WEST OF
Public Library Auditorium, 360 West 11 Street,
2915 KENNEDY ROAD FROM AG
Dubuque, Dubuque County, Iowa to consider
AGRICULTURAL DISTRICT TO R-1 SINGLE-
the proposal for the sale of real estate described
FAMILY RESIDENTIAL DISTRICT
as:
NOW, THEREFORE, BE IT ORDAINED BY Lot 2 of 319 of Ham’s Addition, City of Dubuque,
THE CITY COUNCIL OF THE CITY OF Dubuque County, Iowa
DUBUQUE, IOWA: Whereas, the City Council of the City of
Section 1. That Appendix A (The Zoning Dubuque, Iowa overruled any and all objections,
Ordinance) of the City of Dubuque Code of oral or written to the proposal to sell such real
Ordinances is hereby amended by reclassifying estate.
the hereinafter-described property from AG NOW, THEREFORE, BE IT RESOLVED BY
Agricultural District to R-1 Single-Family THE CITY COUNCIL OF THE CITY OF
Residential District to wit: DUBUQUE, IOWA:
Lot 1 of 1 Mineral Lot 455 and Lot 3 Mineral 454 Section 1. That the sale of Lot 2 of 319 of
and to the centerline of the adjoining public right-Ham’s Addition in the City of Dubuque, Iowa to
of-way, all in the City of Dubuque, Iowa. Randall J. Klauer and the same is hereby
Section 2. The foregoing amendment has approved for the sum of $10,000, plus cost of
heretofore been reviewed by the Zoning publication and filing fees. Conveyance shall be
Advisory Commission of the City of Dubuque, by Quit Claim Deed subject to reservation of
Iowa. utility easements.
Section 3. This ordinance shall take effect Section 2. That the Mayor be authorized and
immediately upon publication, as provided by directed to execute a Quit Claim Deed, and the
law. City Clerk be and is hereby authorized and
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Passed, approved and adopted this 16 day of directed to deliver said deed of conveyance to
June, 2003. Randall J. Klauer upon receipt of the purchase
/s/Terrance M. Duggan, Mayor price in full, and payment of publication and filing
Attest: /s/Jeanne F. Schneider, CMC, City Clerk fees.
Published officially in the Telegraph Herald Section 3. That the City Clerk be and is hereby
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Newspaper the 23 day of June. authorized and directed to record a certified
/s/Jeanne F. Schneider, CMC, City Clerk copy of this resolution in the office of the City
1t 6/23 Assessor, Dubuque County Recorder and
Buol moved that the requirement that a Dubuque County Auditor.
proposed Ordinance be considered and voted Passed, approved and adopted this 16th day
on for passage at two Council Meetings prior to of June 2003.
the meeting at which it is to be finally passed be Terrance M. Duggan, Mayor
suspended and further moved final Attest: Jeanne F. Schneider, CMC, City Clerk
consideration and passage of the Ordinance. Markham moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0. Seconded by Connors. Motion carried 7-0.
Sale of City Property – Ham’s Addition: Proof Mediacom Franchise Extension: Proof of
of publication on notice of hearing to consider a publication on notice of hearing to consider an
request from Randall J. Klauer to purchase of additional short-term extension through
Lot 2 of 319 of Ham’s Addition, located on the December 31, 2003 of the existing Mediacom
corner of Rhomberg Avenue and Hawthorne cable franchise and side agreements under the
Street, and City Manager recommending terms currently in effect and City Manager
approval, presented and read. Markham moved recommending approval, presented and read.
that the proof and communication be received Buol moved that the proof and communication
and filed. Seconded by Connors. Motion be received and filed. Seconded by Markham.
carried 7-0. Motion carried 7-0.
182 Regular Session, June 16, 2003
An Ordinance Extending the term of the by Michalski. Motion carried 6-0 with no
existing cable franchise agreement and hub site response from Cline.
lease of MCCIowa, L.L.C. to December, 2003,
presented and read. Sr. Diane Forrester, Regina Thibeau of 530
Sunset Ridge, and Darryl Mills of the Iowa
OFFICIAL PUBLICATION
Heritage Foundation, all spoke in favor of the
ORDINANCE NO. 44-03
granting of the easements.
AN ORDINANCE EXTENDING THE TERM OF
THE EXISTING CABLE FRANCHISE RESOLUTION NO. 205-03
AGREEMENT AND HUB SITE LEASE OF RESOLUTION DISPOSING OF CITY
MCCIOWA, L.L.C. TO DECEMBER 31, 2003. INTEREST IN CERTAIN RIGHTS FOR LOT 1
OF 1 OF GOVERNMENT LOT #1; LOT 1,
Whereas, MCCIowa, L.L.C. (Mediacom) is the
ROCK CUT SUBDIVISION; AND LOT A OF
current holder of a cable services franchise,
GOVERNMENT LOT #1, ALL IN SECTION 6,
embodied in Ordinance No. 42-81, as modified
T88, R3E, IN THE CITY OF DUBUQUE, IOWA
by a series of waivers and side agreements, and
acquired from TCI of Iowa, Inc. via a transfer Whereas, pursuant to resolution and notice of
approved by the Dubuque City Council on June time and place of hearing, published in the
18, 2001; and Telegraph Herald, a newspaper of general
Whereas, one of the side agreements is a circulation published in the City of Dubuque,
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lease to Mediacom to build and maintain a Iowa on the 6 day of June, 2003, the City
network hub on City-owned property located at Council of the City of Dubuque, Iowa met on the
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1585 West Third Street in Dubuque; and 16 day of June, 2003, at 6:30 p.m. in the Public
Whereas, the terms of the franchise and of the Library Auditorium, 360 West 11 Street,
lease will expire June 30, 2003; and Dubuque, Dubuque County, Iowa to consider
Whereas, representatives of the City of the disposal of the City’s interest in certain rights
Dubuque and of Mediacom have entered into in the real estate described as:
good faith negotiation of terms and conditions Lot 1 of 1 of Government Lot #1; Lot 1, Rock Cut
for the renewal of the franchise and the lease. Subdivision; and Lot A of Government Lot #1, all
NOW, THEREFORE, BE IT ORDAINED BY in Section 6, T88, R3E, in the City of Dubuque,
THE CITY COUNCIL OF THE CITY OF Iowa; and
DUBUQUE, IOWA: Whereas, the City Council of the City of
Section 1. The term of the cable services Dubuque, Iowa overruled any and all objections,
franchise and the term of the lease are hereby oral or written, to the disposal of the City’s
extended to December 31, 2003, with all the interest in certain rights in such real estate.
rights, privileges and responsibilities apper-NOW, THEREFORE, BE IT RESOLVED BY
taining thereunto; and THE CITY COUNCIL OF THE CITY OF
Section 2. The City Manager is hereby DUBUQUE, IOWA:
authorized to sign and administer the extension Section 1.That the conveyance of certain
agreement on behalf of the City of Dubuque. rights in accordance with a letter of agreement
Passed, approved and adopted this 16th day and preservation covenant with the Iowa
of June, 2003. Department of Natural Resources and the Iowa
Terrance M. Duggan, Mayor State Historic Preservation Office for Lot 1 of 1
Attest: Jeanne F. Schneider, City Clerk of Government Lot #1, and Lot 1, Rock Cut
Published officially in the Telegraph Herald Subdivision, both in Section 6, T88, R3E, in the
newspaper this 23rd day of June, 2003. City of Dubuque, Iowa, which is contingent on
Jeanne F. Schneider, City Clerk the receipt of a grant from the Federal
1t 6/23 Recreational Trails Fund,be and the same is
Buol moved that the requirement that a hereby approved.
proposed Ordinance be considered and voted Section 2. That the conveyance of certain
on for passage at two Council Meetings prior to rights in accordance with a deed of conservation
the meeting at which it is to be finally passed be easement, a copy of which is attached hereto,
suspended and further moved final with the Iowa Natural Heritage Foundation for
consideration and passage of the Ordinance. Lot 1 of 1 of Government Lot #1; Lot 1, Rock Cut
Seconded by Markham. Motion carried 7-0. Subdivision; and Lot A of Government Lot #1, all
in Section 6, T88, R3E, in the City of Dubuque,
Easements – Riprow Valley: Proof of Iowa, which is contingent on the receipt of a
publication on notice of hearing to consider grant from the National Fish and Wildlife
granting two easements on City-owned land at Foundation, be and the same is hereby
the Riprow Valley Trailhead and City Manager approved.
recommending approval, presented and read. Section 3. That the Mayor be authorized and
Markham moved that the proof and directed to execute the letter of agreement and
communication be received and filed. Seconded preservation covenant with the Iowa Department
Regular Session, June 16, 2003 183
of Natural Resources and the Iowa State approved as the plans, specifications, form of
Historic Preservation Office, copies of which are contract and estimated cost for said
attached hereto, and the City Clerk be and is improvements for said project.
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hereby authorized and directed to deliver said Passed, adopted and approved this 16 day of
letter of agreement and preservation covenant in June, 2003.
accordance with the grant agreement for the Terrance M. Duggan, Mayor
Federal Recreational Trails Fund. Attest: Jeanne F. Schneider, CMC, City Clerk
Section 4. That the Mayor is authorized and Buol moved adoption of the Resolution.
directed to execute the deed of conservation Seconded by Connors. Motion carried 7-0.
easement with the Iowa Natural Heritage
RESOLUTION NO. 207-03
Foundation, a copy of which is attached hereto,
AWARDING CONTRACT
and the City Clerk be and is hereby authorized
and directed to deliver said deed of conservation Whereas, sealed proposals have been
easement in accordance with the grant submitted by contractors for the West Locust
agreement for the National Fish and Wildlife Street Manhole Replacement Project (FY2003)
Foundation. pursuant to Resolution No. 172-03 and notice to
Section 5. That the City Clerk be and is hereby bidders published in a newspaper published in
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authorized and directed to record a certified the City of Dubuque, Iowa on the 23 day of
copy of this resolution, the letter of agreement May, 2003.
and preservation covenant with the Iowa Whereas, said sealed proposals were opened
th
Department of Natural Resources and the Iowa and read on the 5 day of June, 2003, and it has
State Historic Preservation Office, and the deed been determined that the bid of Drew Cook &
of conservation easement with the Iowa Natural Sons Excavating, Inc. of Dubuque, Iowa, in the
Heritage Foundation, in the offices of the City amount of $105,280 was the lowest bid for the
Assessor, Dubuque County Recorder and furnishings of all labor and materials and
Dubuque County Auditor. performing the work as provided for in the plans
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Passed, approved and adopted this 16 day of and specifications.
June, 2003. NOW THEREFORE, BE IT RESOLVED BY
Terrance M. Duggan, Mayor THE CITY COUNCIL OF THE CITY OF
Attest: Jeanne F. Schneider, CMC, City Clerk DUBUQUE, IOWA:
Markham moved adoption of the Resolution. That the contract for the above improvement
Seconded by Michalski. Motion carried 6-0 (no be awarded to Drew Cook & Sons Excavating,
response from Cline). Inc. and the Manager be and is hereby directed
to execute a contract on behalf of the City of
West Locust Manhole Reconstruction Project: Dubuque for the complete performance of the
Proofs of publication on notice of hearing on work.
plans and specifications and notice to bidders on BE IT FURTHER RESOLVED:
the receipt of bids, and City Manager That upon the signing of said contract and the
recommending award of the contract for the approval of the contractor’s bond, the City
West Locust Manhole Reconstruction Project to Treasurer is authorized and instructed to return
Drew Cook & Sons Excavating, Inc. in the the bid deposits of the unsuccessful bidders.
th
amount of $105,280, presented and read. Buol Passed, approved and adopted this 16 day of
moved that the proof and communication be June, 2003.
received and filed. Seconded by Connors. Terrance M. Duggan, Mayor
Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
RESOLUTION NO. 206-03
Seconded by Connors. Motion carried 7-0.
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Port of Dubuque Landscaping and Recognition
Whereas, on the 16th day of June, 2003, Wall: Proofs of publication on notice of hearing
plans, specifications, form of contract and on plans and specifications and notice to bidders
estimated cost were filed with the City Clerk of on the receipt of bids, and City Manager
Dubuque, Iowa for the West Locust Street recommending award of the contract for the Port
Manhole Reconstruction Project FY2003. of Dubuque Landscaping Project to Portzen
Whereas, notice of hearing on plans and Construction, Inc., in the amount of $71,400 and
specifications, form of contract, and estimated rejecting all bids for the Recognition Wall
cost was published as required by law. Project, presented and read. Markham moved
NOW THEREFORE, BE IT RESOLVED BY that the proof and communication be received
THE CITY COUNCIL OF THE CITY OF and filed. Seconded by Michalski. Motion
DUBUQUE, IOWA: carried 7-0.
That the said plans, specifications, form of
contract and estimated cost are hereby
184 Regular Session, June 16, 2003
RESOLUTION NO. 208-03
That all bids for the construction of the Port of
RESOLUTION ADOPTING
Dubuque Recognition Wall be rejected, the
PLANS AND SPECIFICATIONS
project be abandoned, and re-bid with a revised
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Whereas, on the 14 day of May, 2003, plans, design at a later date.
specifications, form of contract and estimated BE IT FURTHER RESOLVED:
cost were filed with the City Clerk of Dubuque, That upon the signing of said contract and the
Iowa for the Port of Dubuque Sign and approval of the contractor’s bond, the City
Landscaping Project. Treasurer is authorized and instructed to return
Whereas, notice of hearing on plans, the bid deposits of the unsuccessful bidders.
th
specifications, form of contract, and estimated Passed, approved and adopted this 16 day of
cost was published as required by law. June, 2003.
NOW THEREFORE, BE IT RESOLVED BY Terrance M. Duggan, Mayor
THE CITY COUNCIL OF THE CITY OF Attest: Jeanne F. Schneider, CMC, City Clerk
DUBUQUE, IOWA: Michalski moved adoption of the Resolution.
That the said plans, specifications, form of Seconded by Markham. Motion carried 7-0.
contract and estimated cost are hereby
approved as the plans, specifications, form of Buol moved that the rules be reinstated limiting
contract and estimated cost for said discussion to the Council. Seconded by
improvements for said project. Markham. Motion carried 7-0.
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Passed, adopted and approved this 16 day of
ACTION ITEMS
June, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk Greater Dubuque Development Corporation:
Markham moved adoption of the Resolution. Rick Dickinson, Executive Director of the
Seconded by Michalski. Motion carried 7-0. Greater Dubuque Development Corporation, to
provide a verbal update on the activities of
RESOLUTION NO. 209-03
GDDC. Buol moved that the report be received
AWARDING CONTRACT
and filed. Seconded by Michalski. Motion
Whereas, sealed proposals have been carried 6-0 with Cline not responding.
submitted by contractors for the Port of Dubuque
Sign, Landscaping and Recognition Wall Project Board of Directors – Greater Dubuque
pursuant to Resolution No. 169-03 and notice to Development Corporation: Communication from
bidders published in a newspaper published in Rick Dickinson, Executive Director of the
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the City of Dubuque, Iowa on the 23 day of Greater Dubuque Development Corporation,
May, 2003. requesting appointment of Council Members to
Whereas, said sealed proposals were opened the GDDC Board of Directors (currently Council
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and read on the 5 day of June, 2003 and it has Member Dan Nicholson and Council Member
been determined that the bid of Portzen Pat Cline) and affirming that Mayor Terry
Construction, Inc. of Dubuque, Iowa, in the Duggan, City Manager Mike Van Milligen and
amount of $71,440.00 was the lowest bid for the Economic Development Director Bill Baum will
furnishings of all labor and materials and continue to serve as provided by GDDC’s by-
performing the work as provided for in the plans laws, presented and read. Michalski moved that
and specifications for the Port of Dubuque Sign the communication be received and filed and
and Landscaping Project. reaffirmed the same appointments. Seconded by
Whereas, said sealed proposals were opened Connors. Motion carried 7-0.
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and read on the 5 day of June, 2003 and it has
been determined that the bid of Conlon Dubuque Main Street, Ltd.: Communication
Construction, Inc. of Dubuque, Iowa, in the from Bob Felderman, President of the Dubuque
amount of $378,000.00 was the lowest bid for Main Street, Ltd. Board of Directors, requesting
the furnishings of all labor and materials and Council approval of their new 2020 District Plan,
performing the work as provided for in the plans presented and read. Buol moved that the
and specifications for the Port of Dubuque Sign, communication be received and filed. Seconded
Landscaping and Recognition Wall. by Nicholson. Motion carried 7-0.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF `Bob Felderman spoke in support and explained
DUBUQUE, IOWA: the expansion.
That the contract for the Port of Dubuque Sign
RESOLUTION NO. 210-03
and Landscaping Project be awarded to Portzen
RESOLUTION APPROVING THE 2020
Construction, Inc. and the Manager be and is
DISTRICT PLAN OF DUBUQUE MAIN
hereby directed to execute a contract on behalf
STREET, LTD.
of the City of Dubuque for the complete
performance of the work.
Regular Session, June 16, 2003 185
Whereas, Dubuque Main Street, Ltd. is the Ice Harbor Road, from First Street to the Third
downtown development corporation; and Street Overpass
Whereas, the City of Dubuque has a purchase (b) The City Manager shall post signs limiting
of services agreement with Dubuque Main motor trucks registered with a gross weight limit
Street, Ltd. for downtown development; and exceeding ten thousand (10,000) pounds (5
Whereas, the Dubuque Main Street, Ltd. tons) from operating on the streets designated in
Board of Directors and the Main Street Iowa paragraph (a).
office have approved the 2020 District Plan to (c) The scheduled fine for a violation of this
meet short, medium and long-term objectives. Section shall be Fifty Dollars ($50.00).
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NOW THEREFORE, BE IT RESOLVED BY Passed, approved and adopted this 16 day of
THE CITY COUNCIL OF THE CITY OF June, 2003.
DUBUQUE, IOWA: Terrance M. Duggan, Mayor
Section 1. The 2020 District Plan for Dubuque Attest: Jeanne F. Schneider, CMC, City Clerk
Main Street, Ltd. is hereby approved. Published officially in the Telegraph Herald
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Passed, approved and adopted this 16 day of newspaper this 23rd day of June, 2003.
June 2003. Jeanne F. Schneider, City Clerk
Terrance M. Duggan, Mayor 1t 6/23
Attest: Jeanne F. Schneider, City Clerk Buol moved that the requirement that a
Buol 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
Street Postings for Five-Ton Load Limit – Main suspended and further moved final
Street and Ice Harbor Road: City Manager consideration and passage of the Ordinance.
recommending approval of an ordinance Seconded by Markham. Motion carried 6-0 with
prohibiting trucks in excess of a registered five-Cline not responding.
ton gross weight limit on Main Street from Fifth
Street to Ninth Street and Ice Harbor Road, Deer Management Program: City Manager
presented and read. Buol moved that the recommending that the City’s Urban Deer
communication be received and filed. Seconded Management Plan be continued for the 2003-
by Markham. Motion carried 6-0 with Cline not 2004 hunting season, presented and read.
responding. Environmental Stewardship Advisory
Commission recommending that the City’s
An Ordinance Amending Chapter 32, Motor Urban Deer Management Plan be continued for
Vehicles and Traffic, the Code of Ordinances of the 2003 season and further recommending
the City of Dubuque, Iowa, by enacting a new consideration of development of an ordinance
Section 32-163.1 Prohibiting Motor Trucks prohibiting feeding of deer in the City, presented
Registered for a Gross Weight Limit Exceeding and read. Michalski moved that the
Ten Thousand (10,000) Pounds from Traveling communication be received and filed and
on Designated Streets, presented and read. directed Staff to do some research and bring
back a report on the possibility of an Ordinance.
OFFICIAL PUBLICATION
Seconded by Nicholson. Motion carried 7-0.
ORDINANCE NO. 45-03
AN ORDINANCE AMENDING CHAPTER 32,
Weed Control Policy and Procedures: City
MOTOR VEHICLES AND TRAFFIC, THE
Manager submitting information regarding the
CODE OF ORDINANCES OF THE CITY OF
Health Services Department weed procedures
DUBUQUE, IOWA, BY ENACTING A NEW
and enforcement, presented and read. Buol
SECTION 32-163.1 PROHIBITING MOTOR
moved that the communication be received and
TRUCKS REGISTERED FOR A GROSS
filed and referred to Staff to develop a shorter
WEIGHT LIMIT EXCEEDING TEN THOUSAND
process of enforcement. Seconded by Markham.
(10,000) POUNDS FROM TRAVELING ON
Motion carried 7-0.
DESIGNATED STREETS
NOW THEREFORE, BE IT ORDAINED BY Request to Address the Council: Request of
THE CITY COUNCIL OF THE CITY OF Jonas Bandy, Vice President of the Dubuque
DUBUQUE, IOWA: Professional Firefighters’ Association Local 353,
Chapter 32 of The City of Dubuque Code of to address the Council regarding the Fiscal Year
Ordinances is amended by adding the following 2004 budget, presented and read. Michalski
new Section: Section 32-163.1. Motor Truck moved that the communication be received and
Routes Prohibited on Designated Streets filed. Seconded by Connors. Motion carried 7-
(a) Motor trucks registered for a gross weight 0.
limit exceeding ten thousand (10,000) pounds (5
tons) shall not travel over the following streets: Budget Amendment: City Manager submitting
Main Street, from Fifth Street to Ninth Street recommendations for the Fiscal Year 2004
186 Regular Session, June 16, 2003
budget amendment and recommending that a
public hearing be set for Wednesday, July 9, Approved:__________________________2002
2003 to consider an amendment to the Fiscal
Year 2004 Budget, presented and read. Buol Adopted:___________________________2002
moved that the communication be received and
filed. Seconded by Michalski. Motion carried 7-
0. ______________________________________
Mayor
RESOLUTION NO. 211-03
RESOLUTION DIRECTING THE CITY CLERK
______________________________________
TO PUBLISH PROPOSED AMENDMENT TO
THE FISCAL YEAR 2004 BUDGET AND DATE
______________________________________
OF PUBLIC HEARING
Whereas, it is proposed that the City of ______________________________________
Dubuque amend its Fiscal Year 2004 budget;
and ______________________________________
Whereas, Section 384.16 of the Code of Iowa
stipulates that a public hearing must be held on ______________________________________
such a budget amendment.
NOW, THEREFORE, BE IT RESOLVED BY ______________________________________
THE CITY COUNCIL OF THE CITY OF Council Members
DUBUQUE, IOWA:
Section 1. That the City Clerk be and is hereby Attest:
authorized and directed to publish notice of
public hearing on an amendment to the adopted ______________________________________
budget for the City of Dubuque, Iowa. City Clerk
th
Passed, approved and adopted this 16 day of
June, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 6-0 with
no response from Cline.
At 8:50 P.M. Buol moved to go into Closed
Session re: Pending Litigation – Chapter
21.5(1)(c) 2003 Code of Iowa. Seconded by
Connors. Motion carried 7-0.
At 9:11 P.M. Council reconvened Regular
Session stating that proper direction had been
given.
There being no further business, Buol moved
to adjourn. Seconded by Connors. Motion
carried 7-0. The meeting adjourned at 9:12 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 6/26
Special Session, June 23, 2003 187
DUBUQUE
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
CITY COUNCIL
OFFICIAL
Worksession regarding the Fiscal Year 2004
PROCEEDINGS
Budget Amendment and City Manager’s
recommended budget reductions. Council
City Council, Special Session, Monday, June
reviewed the recommended reductions for each
23, 2003
departmental budget and gave staff direction on
Council met at 6:00 P.M. in the Public Library
various items.
Auditorium
There being no further business, Buol moved
Present: Mayor Duggan, Council Members
to adjourn. Seconded by Markham. Motion
Buol, Cline, Connors, Markham, Michalski,
carried 7-0. The special session adjourned at
Nicholson, City Manager Van Milligen,
7:58 p.m. and Council went into closed session
Corporation Counsel Lindahl.
in accordance with Chapter 20.17(3) of the 2003
Code of Iowa to discuss collective bargaining
Mayor Duggan read the call and stated this is
strategy.
a special session of the City Council called for
the purpose of rescinding Resolution No. 92-01
/s/ Jeanne F. Schneider, CMC
and discussing the proposed Fiscal Year 2004
City Clerk
budget amendment.
1t 7/2
Rescinding of Resolution No. 92-01: City
Approved:__________________________2003
Manager recommending that the implementation
of Resolution #92-01 which approved the wage
Adopted:___________________________2003
plan and compensation package for non-
bargaining unit employees for Fiscal Years
2002, 2003 and 2004 be delayed, presented and
______________________________________
read. Buol moved that the communication be
Mayor
received and filed. Seconded by Markham.
Motion carried 7-0.
______________________________________
RESOLUTION NO. 212-03
______________________________________
DELAYING THE IMPLEMENTATION OF
RESOLUTION 92-01 AS IT RELATES TO THE
______________________________________
WAGE PLAN AND COMPENSATION
PACKAGE FOR NON-BARGAINING UNIT
______________________________________
EMPLOYEES FOR FISCAL YEAR 2004 UNTIL
JULY 10, 2003
______________________________________
Whereas, on March 6, 2001, the City Council
by resolution No. 92-01 approved a wage plan
______________________________________
and compensation package for non-bargaining
Council Members
unit employees for Fiscal Year 2004; and
Whereas, the wage plan and compensation
Attest:
package takes effect July 1, 2003; and
Whereas, it has been recommended by City
______________________________________
Manager Michael C. Van Milligen that there be
City Clerk
no wage increase in Fiscal Year 2004 for non-
bargaining unit employees,
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the implementation of
Resolution 92-01 as it applies to the Fiscal Year
2004 wage plan and compensation package for
non-bargaining unit employees is hereby
delayed until July 10, 2003.
Passed, approved and adopted this 23rd day
of June, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk