Council Proceedings December 02 Regular Session, December 2, 2002 481
DUBUQUE
received and filed and concurred. Seconded by
Cline. Motion carried 7-0.
CITY COUNCIL
OFFICIAL
Corporation Counsel recommending denial of
PROCEEDINGS
the claims of Mary M. Asbell for property
damage; Steve Kafar for vehicle damage; and
City Council, Regular Session, December 2,
Dean Mattoon for vehicle damage, presented
2002
and read. Michalski moved that the
Council met in Regular Session at 6:30 P.M. in
communications be received and filed and
the Library Auditorium
concurred. Seconded by Cline. Motion carried
7-0.
Present: Mayor Duggan, Council Members
Cline, Markham, Michalski, City Manager
Corporation Counsel recommending that the
Michael Van Milligen, Corporation Counsel Barry
claim of Steven Ferring for property damage be
Lindahl.
approved for payment and that the Finance
Present by Electronic Means (Telephone):
Director issue check, presented and read.
Council Members Buol, Connors, Nicholson.
Michalski moved that the communication be
received and filed and concurred and Finance
Mayor Duggan read the call and stated this is
Director to issue proper payment. Seconded by
a regular session of the City Council called for
Cline. Motion carried 7-0.
the purpose of discussing such matters which
may properly come before the City Council.
Citizen Communications: Communication
from Jessica Barnes regarding musical
Invocation was given by Sister Lynn Wagner,
performances at the Muddy Waters Coffee
PBVM, Director of the Dubuque Food Pantry.
Shop, presented and read. Michalski moved
that the communication be received and filed
CONSENT ITEMS
and referred to the City Manager. Seconded by
Cline. Motion carried 7-0.
Minutes Submitted: Cable Community
Teleprogramming Commission of 11/12; Cable
Communication from Bob Woodward, ArTS
TV Regulatory Commission of 11/13; City
Dubuque, requesting that the City provide
Council of 11/18 and 11/25; Electrical Code
financial support for the operating budgets of the
Board of 8/30 and 11/18; Historic Preservation
Dubuque Grand Opera House, Dubuque
Commission of 11/19; Housing Code Appeals
Museum of Art and Dubuque Symphony
Board of 10/15 and 11/19; Housing Commission
Orchestra for the year 2003, presented and
Trust Fund Committee of 10/29; Human Rights
read. Michalski moved that the communication
Commission of 10/14, presented and read.
be received and filed and referred to the City
Michalski moved that the minutes be received
Manager. Seconded by Cline. Motion carried 7-
and filed. Seconded by Cline. Motion carried 7-
0.
0.
Community Development Advisory
Proof of publication of City Council
Commission: Communication from Dan
Proceedings of November 4 and 7, 2002,
Shiremansubmitting his resignation from the
presented and read. Michalski moved that the
Community Development Advisory Commission,
proofs be received and filed. Seconded by
presented and read. Michalski moved that the
Cline. Motion carried 7-0.
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
Notice of Claims/Suits: Steven M. Ferring for
property damage; Russell J. Fuhrman for
Code of Ordinance Supplement No. 56: City
property damage; Terry Gross for vehicle
Manager recommending adoption of
damage, presented and read. Michalski moved
Supplement No. 56 to the City of Dubuque Code
that the claims and suits be referred to the Legal
of Ordinances, presented and read. Michalski
Staff for investigation and report. Seconded by
moved that the communication be received and
Cline. Motion carried 7-0.
filed. Seconded by Cline. Motion carried 7-0.
Corporation Counsel advising that the RESOLUTION NO. 621-02
following claim has been referred to Public Entity ADOPTING SUPPLEMENT NO. 56 TO THE
Risk Services of Iowa, the agent for the Iowa CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Communities Assurance Pool: Terry Gross for
vehicle damage, presented and read.
Whereas, under date of July 17, 1989, the City
Michalski moved that the communication be
Council, pursuant to Ordinance No. 34-89,
readopted the Code of Ordinances of the City of
482 Regular Session, December 2, 2002
Dubuque, Iowa for ordinances adopted up to received and filed. Seconded by Cline. Motion
and including December 19, 1988; and carried 7-0.
Whereas, since December 19, 1988 the City
RESOLUTION NO. 622-02
Council of the City of Dubuque, Iowa has
ACCEPTING IMPROVEMENT
adopted certain ordinances amending the Code
of Ordinances and said amendments have been WHEREAS, the contract for the FLORA POOL
printed as supplements to the Code of AND SUTTON POOL WATER PLAYGROUND
Ordinances; and PROJECT has been completed and the City
Whereas, Section 380.8 of the Code of Manager has examined the work and filed his
Ordinances provides that supplements by certificate stating that the same has been
resolution, become part of the Code of completed according to the terms of the
Ordinances. contract, plans and specifications and
NOW THEREFORE BE IT RESOLVED BY recommends its acceptance.
THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT RESOLVED, BY
DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF
Section 1. That Supplement No. 56 of the DUBUQUE, IOWA:
Code of Ordinances of the City of Dubuque, Section 1. That the recommendation of the
Iowa, covering Ordinances through Ordinance City Manager be approved and that said
No. 72-02 enacted through September 3, 2002 improvement be and the same is hereby
and prepared by the Sterling Codifiers, Inc, accepted.
Coeur D’ Alene, ID hereto filed in the Office of BE IT FURTHER RESOLVED that the City
the City Clerk of the City of Dubuque, Iowa be Treasurer be and he is hereby directed to pay to
and is hereby adopted and becomes part of the the contractor from the General Fund in amount
Code of Ordinances of the City of Dubuque, equal to the amount of his contract, less any
Iowa. retained percentage provided for therein.
Passed, approved and adopted this 2nd day of Passed, approved and adopted this 2nd day of
December, 2002. December, 2002.
Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution. Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0. Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 623-02
Star Brewery Building Metal Addition and
FINAL ESTIMATE
Wood Shed – Request to Demolish:
Communication from the Historic Preservation WHEREAS, the contract for the FLORA POOL
Commission recommending that the request of AND SUTTON POOL WATER PLAYGROUND
the City of Dubuque to demolish a metal addition PROJECT has been completed and the
to the Star Brewery Building and a wood shed Engineer has submitted his final estimate
be approved, presented and read. Michalski showing the cost thereof including the cost of
moved that the communication be received and estimates, notices and inspection and all
filed and approved the recommendation. miscellaneous costs;
Seconded by Cline. Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
Bell Block / Ziepprecht Buildings One-Story DUBUQUE, IOWA:
Rear Addition – Request to Demolish: Section 1. That the cost of said improvement
Communication from the Historic Preservation is hereby determined to be $758,045.50, and the
Commission recommending that the request of said amount shall be paid from the General
Dubuque Bank and Trust to demolish a one-Fund of the City of Dubuque, Iowa.
story rear addition for planned rehabilitation of Passed, approved and adopted this 2nd day of
the Bell Block and Ziepprecht Buildings be December, 2002.
approved, presented and read. Michalski moved Terrance M. Duggan, Mayor
that the communication be received and filed Attest: Jeanne F. Schneider, City Clerk
and approved the recommendation. Seconded Michalski moved adoption of the Resolution.
by Cline. Motion carried 7-0. Seconded by Cline. Motion carried 7-0.
Flora Pool and Sutton Pool Water Playground Comiskey Building Construction Project: City
Project: City Manager recommending Manager recommending acceptance of the
acceptance of the Flora Pool and Sutton Pool Comiskey Building Construction Project in the
Water Playground Project in the final contract final contract amount of $381,015.99, presented
amount of $758,045.50, presented and read. and read. Michalski moved that the
Michalski moved that the communication be communication be received and filed. Seconded
by Cline. Motion carried 7-0.
Regular Session, December 2, 2002 483
Ice Harbor West Road and Trail Construction
RESOLUTION NO. 624-02
Project: City Manager recommending that
ACCEPTING IMPROVEMENT
Resolution No. 491-02 Awarding contract for the
WHEREAS, the contract for the COMISKEY Ice Harbor West Road and Trail Construction
BUILDING CONSTRUCTION PROJECT has Project be amended to correct the amount of the
been completed and the City Manager has contract, presented and read. Michalski moved
examined the work and filed his certificate that the communication be received and filed.
stating that the same has been completed Seconded by Cline. Motion carried 7-0.
according to the terms of the contract, plans and
RESOLUTION NO. 626-02
specifications and recommends its acceptance.
AMENDING RESOLUTION NO. 491-02
NOW, THEREFORE, BE IT RESOLVED, BY
AWARDING CONTRACT FOR THE ICE
THE CITY COUNCIL OF THE CITY OF
HARBOR WEST ROAD AND TRAIL
DUBUQUE, IOWA:
CONSTRUCTION PROJECT
Section 1. That the recommendation of the
City Manager be approved and that said Whereas, on September 16, 2002, the City
improvement be and the same is hereby Council passed Resolution No. 491-02 awarding
accepted. the construction contract for the Ice Harbor West
BE IT FURTHER RESOLVED that the City Road and Trail Construction Project in the
Treasurer be and he is hereby directed to pay to contract amount of $2,447,166.67; and
the contractor from the General Fund in amount Whereas, the correct amount of the contract
equal to the amount of his contract, less any should have been $2,171,905.67.
retained percentage provided for therein. NOW THEREFORE, BE IT RESOLVED BY
Passed, approved and adopted this 2nd day of THE CITY COUNCIL OF THE CITY OF
December, 2002. DUBUQUE, IOWA:
Terrance M. Duggan, Mayor That the Resolution No. 491-02 awarding the
Attest: Jeanne F. Schneider, City Clerk contract to Tschiggfrie Excavating Company in
Michalski moved adoption of the Resolution. the amount of $2,447,166.67 be amended to
Seconded by Cline. Motion carried 7-0. correct the contract amount to be
$2,171,905.67.
RESOLUTION NO. 625-02
Passed, approved and adopted this 2nd day of
FINAL ESTIMATE
December, 2002.
WHEREAS, the contract for the COMISKEY Terrance M. Duggan, Mayor
BUILDING CONSTRUCTION PROJECT has Attest: Jeanne F. Schneider, City Clerk
been completed and the Engineer has submitted Michalski moved adoption of the Resolution.
his final estimate showing the cost thereof Seconded by Cline. Motion carried 7-0.
including the cost of estimates, notices and
inspection and all miscellaneous costs; Dubuque Voluntary Annexation:
NOW, THEREFORE, BE IT RESOLVED, BY Communication from the Iowa Department of
THE CITY COUNCIL OF THE CITY OF Economic Development advising that the City
DUBUQUE, IOWA: Development Board has approved the voluntary
Section 1. That the cost of said improvement annexation petition from the Grandview Avenue
is hereby determined to be $381,015.99, and the United Methodist Church as submitted by the
said amount shall be paid from the General City of Dubuque, presented and read. Michalski
Fund of the City of Dubuque, Iowa. moved that the communication be received and
Passed, approved and adopted this 2nd day of filed. Seconded by Cline. Motion carried 7-0.
December, 2002.
Terrance M. Duggan, Mayor Sign Agreement with Cooper Acquisition
Attest: Jeanne F. Schneider, City Clerk L.L.C. (Bricktown): City Manager recommending
Michalski moved adoption of the Resolution. approval of an agreement with Cooper
Seconded by Cline. Motion carried 7-0. Acquisition L.L.C. (Bricktown) for the installation
of a sign located in Bricktown’s parking lot which
Appeal of FCC’s Pasadena Franchise Fee would include a Port of Dubuque directional
Decision: City Manager recommending that the sign, a Bricktown parking sign, and an electronic
City contribute $5,000 to support a coalition of reader board for advertising public events and
cities, the National League of Cities and NATOA Bricktown events, presented and read. Michalski
in a court appeal of the FCC’s Pasadena moved that the communication be received and
franchise fee decision, presented and read. filed and approved the recommendation.
Michalski moved that the communication be Seconded by Cline. Motion carried 7-0.
received and filed and approved the
recommendation. Seconded by Cline. Motion Audubon Ark Project: City Manager
carried 7-0. recommending approval of a combined notice of
finding of no significant impact on the
484 Regular Session, December 2, 2002
environment and notice of intent to request may be examined and copied by any interested
release of funds for the Audubon Ark project, party.
presented and read. Michalski moved that the Section 3. That the Mayor of the City of
communication be received and filed. Seconded Dubuque is hereby authorized and directed to
by Cline. Motion carried 7-0. submit to the U.S. Department of Housing and
Urban Development fifteen (15) days after
RESOLUTION NO. 627-02
publication of appropriate notice a Request for
A RESOLUTION AUTHORIZING PUBLICA-
Release of Funds to undertake the said project.
TION OF A COMBINED NOTICE OF FINDING
Section 4. That the Mayor of the City of
OF NO SIGNIFICANT IMPACT ON THE
Dubuque is hereby authorized to consent to
ENVIRONMENT AND NOTICE OF INTENT TO
assume the status of a responsible federal
REQUEST RELEASE OF FUNDS FOR
official under the National Environmental
AUDUBON ARK PROJECT.
Protection Act, insofar as the provisions of the
Whereas, the Dubuque County Historical said Act apply to the U.S. Department of
Society and the National Audubon Society have Housing and Urban Development
received an Economic Development Initiative responsibilities for review, decision making, and
(EDI) Grant in the amount of $240,000 from the action assumed and carried out by the City of
U.S. Department of Housing and Urban Dubuque as to environmental issues.
Development, providing for financial assistance Section 5. That the City of Dubuque hereby
for the Audubon Ark project, and consents to the jurisdiction of the federal courts
Whereas, pursuant to the rules and regulations in an action brought to enforce the City’s
as promulgated by the U.S. Department of responsibilities in relation to environmental
Housing and Urban Development, an review, decision-making and action in
environmental review has been processed for connection with the project.
the Audubon Ark project; and Section 6. That the Mayor of the City of
Whereas, based on said environmental review, Dubuque be and he is hereby authorized and
the Department of Housing and Community directed to execute a certification pertaining to
Development has determined that said project the environmental review procedures.
will have no significant impact on the Section 7. That the City Council of the City of
environment; and Dubuque does hereby concur in the Release
Whereas, a combined notice of " Finding of No and Indemnification Agreement between the City
Significant Impact on the Environment" and of of Dubuque, the Dubuque County Historical
"Intent to Request Release of Funds" for said Society and the National Audubon Society for
project will be sent by regular mail to various the Audubon Ark project and authorizes the
federal, state and local public agencies; to the Mayor to execute the agreement.
appropriate Regional Office of the Section 8. That the City Council of the City of
Environmental Protection Agency, to the HUD Dubuque does hereby concur in the Supplement
Area Office and to the local news media, to the Memorandum of Agreement regarding
individuals and groups known to be interested construction of the Dubuque County Historical
and believed to be appropriate to receive such a Society’s River Discovery Center and authorizes
notice; and the Mayor to execute the supplement
Whereas, any and all comments received as a agreement.
nd
result of such notice will be duly considered Passed, approved and adopted this 2 day of
before proceeding with a Request for Release of December 2002.
Funds and Certification. Terrance M. Duggan, Mayor
NOW, THEREFORE, BE IT RESOLVED BY Attest: Jeanne F. Schneider, City Clerk
THE CITY COUNCIL OF THE CITY OF Michalski moved adoption of the Resolution.
DUBUQUE, IOWA: Seconded by Cline. Motion carried 7-0.
Section 1. That the City Clerk be and is hereby
authorized and directed to publish a combined Five Flags Civic Center Computer Software:
Notice of Finding of No Significant Impact on the City Manager recommending approval of the
Environment and Notice of Intent to Request purchase of scheduling software for the Five
Release of Funds for the Audubon Ark project Flags Center that is the same as the new
and to make the Environmental Review Record conference and education center software,
for said project available for public inspection presented and read. Michalski moved that the
and comment until 5:00 p.m. onDecember 23, communication be received and filed and
2002. Such notice shall be in the form of Exhibit approved the recommendation. Seconded by
"A" attached hereto and made a part hereof. Cline. Motion carried 7-0.
Section 2. That the environmental review
record for the project shall be placed on file in Potential Rezoning – Tollbridge Inn Property:
the Office of the City Clerk where said record Communication from Bob Eichman regarding
the potential rezoning of the present Tollbridge
Regular Session, December 2, 2002 485
Inn property for the purpose of building a Attest: Jeanne F. Schneider, City Clerk
condominium complex, presented and read. Michalski moved adoption of the Resolution.
Michalski moved that the communication be Seconded by Cline. Motion carried 7-0.
received and filed. Seconded by Cline. Motion
carried 7-0. ConAgra Foods, Inc.: City Manager
recommending approval of an amendment to the
Phase IV Historical/Architectural Survey Grant purchase agreement and acceptance of the
Agreement: City Manager recommending deed to certain real property from ConAgra
approval of a Certified Local Government (CLG) Foods, Inc., presented and read. Michalski
grant agreement for Phase IV of Dubuque’s moved that the communication be received and
Architectural / Historic Survey / Evaluation, filed. Seconded by Cline. Motion carried 7-0.
presented and read. Michalski moved that the
RESOLUTION NO. 629-02
communication be received and filed. Seconded
ACCEPTING THE DEED TO CERTAIN REAL
by Cline. Motion carried 7-0.
ESTATE IN DUBUQUE COUNTY, IOWA FROM
RESOLUTION NO. 628-02CONAGRA FOODS, INC.
RESOLUTION AUTHORIZING THE SUB-
WHEREAS, the City of Dubuque entered into
MISSION OF AN APPLICATION FOR
an Agreement on September 16, 2002 with
CERTIFIED LOCAL GOVERNMENT (CLG)
ConAgra Foods, Inc. for the purchase of certain
PROGRAM FUNDING TO CONDUCT AN
real property in Dubuque County, Iowa,
ARCHITECTURAL/HISTORIC SURVEY.
described as follows:
Whereas, the State Historical Society of Iowa Lot 1 of PUBLIC SQUARE;
has announced the availability of Certified Local Lot 1 of lot 20, lot 1 of lot 21, lot 1 of lot 22, lot 1
Government Program (CLG) grant funds; and of lot 23, lot 1 of lot 24, lot 1 of lot 25, lot 1 of lot
Whereas, the evaluation and survey of 26, lot 1 of lot 27, lot 1 of lot 28, lot 1 of lot 29, lot
properties are eligible activities for CLG funding; 1 of lot 30, lot 1 of lot 31, lot 1 of lot 32, lot 1 of
and lot 33, and lot 39A, all in Block 11;
Whereas, the State Historical Society has Lot 1 of lot 1 of lot 7, lot 1 of lot 8, lot 1 of lot 9,
advised that an architectural/historic survey is lot 10 except that portion thereof lying within
necessary for the renewal of a Memorandum of right-of-way of Relocated Fourth Street, lot 11,
Agreement between the State and City for the lot 12, lot 13, lot 14, lot 15, lot 16, lot 17, lot 18,
purposes of conducting local Section 106 lot 19, lot 20, lot 21, lot 22, lot 23, lot 24, lot 25,
reviews; and lot 1 of lot 26, lot 1 of lot 27, lot 1 of lot 1 of lot
Whereas, the City of Dubuque Historic 28, lot 39A, and lot 39B, all in Block 22; and
Preservation Commission has reviewed and Lot 1 of lot 1 of lot 16, lot 1 of lot 17, lot 1 of lot
endorsed the proposed architectural/historic 18, and lot 19 except that portion thereof lying
survey. within right-of-way of Relocated Fourth Street,
NOW THEREFORE, BE IT RESOLVED BY and Lot 39A, all in Block 26;
THE CITY COUNCIL OF THE CITY OF all in Dubuque Harbor Improvement Company’s
DUBUQUE, IOWA: Addition (also known and described as Dubuque
Section 1. That the submission of an Harbor Improvement Co.’s Addition), in the City
application for CLG funds to conduct an of Dubuque, Iowa, according to the respective
architectural/historic survey is hereby recorded Plats thereof.
authorized. AND WHEREAS, the terms of the Agreement
Section 2. That the Planning Services have now been met.
Manager is hereby authorized to sign the NOW, THEREFORE, BE IT RESOLVED BY
contract with and submit requests for THE CITY COUNCIL OF THE CITY OF
reimbursements to the State Historical Society DUBUQUE, IOWA, AS FOLLOWS:
of Iowa for CLG funds to conduct an 1. The City of Dubuque, Iowa, hereby accepts
architectural/historic survey. the Deed from ConAgra Foods, Inc., a copy of
Section 3. That the Planning Services which is attached hereto.
Manager is authorized to utilize budgeted 2. The City Clerk is hereby authorized and
Community Development Block Grant Funds to directed to record this Resolution and the Deed
provide the required local match if the CLG with the Dubuque County Recorder.
nd
application is approved by the State Historical Passed, approved and adopted this 2 day of
Society of Iowa. December, 2002.
Section 4. That the City of Dubuque agrees to Terrance M. Duggan, Mayor
abide by all local, state and federal requirements Attest: Jeanne F. Schneider, City Clerk
applicable to the proposed project. Michalski moved adoption of the Resolution.
Passed, approved and adopted this 2nd day Seconded by Cline. Motion carried 7-0.
of December, 2002.
Terrance M. Duggan, Mayor
486 Regular Session, December 2, 2002
Section 8 Computer System: City Manager resolution to the U. S. Department of Housing
recommending approval of an expenditure of and Urban Development.
$15,000 for purchase of a Section 8 Program Passed, approved and adopted this 2nd day
software package, presented and read. of December, 2002.
Michalski moved that the communication be Terrance M. Duggan, Mayor
received and filed and approved the Attest: Jeanne F. Schneider, City Clerk
recommendation. Seconded by Cline. Motion Michalski moved adoption of the Resolution.
carried 7-0. Seconded by Cline. Motion carried 7-0.
Fiscal Year 2003 Annual Action Plan – Iowa Department of Economic Development:
Amendment #2: City Manager recommending Communication from the Iowa Department of
approval of an amended and restated Fiscal Economic Development advising that the City of
Year 2003 Annual Action Plan for the City’s Dubuque, on behalf of Dubuque Main Street,
Community Development Block Grant (CDBG) Ltd., is being awarded a $25,000 Community
program, presented and read. Michalski moved Development Fund Grant for the Dubuque –
that the communication be received and filed. Vision Downtown project, presented and read.
Seconded by Cline. Motion carried 7-0. Michalski moved that the communication be
received and filed. Seconded by Cline. Motion
RESOLUTION NO. 630-02
carried 7-0.
RESOLUTION APPROVING AN AMENDED
AND RESTATED FISCAL YEAR 2003
North End Neighborhood Association:
(PROGRAM YEAR 2002) ANNUAL PLAN FOR
Communication from Wayne Klosterman, North
COMMUNITY DEVELOPMENT BLOCK
End Neighborhood Association, submitting
GRANT (CDBG) FUNDS.
questions to be asked of HDR during the
Whereas, the City of Dubuque prepared and upcoming worksession, presented and read.
filed Annual Action Plans for Fiscal Years 2002 Michalski moved that the communication be
and 2003; and received and filed. Seconded by Cline. Motion
Whereas, the City of Dubuque now desires to carried 7-0.
amend said Annual Plans by incorporating them
into one amended and restated plan as per the Delinquent Sewer Charges: City Manager
attached Exhibit A; and recommending the submission of delinquent
Whereas, said amendment is a substantial sewer charges to the Dubuque County
amendment as provided in the City's Citizen Treasurer in order to establish real property liens
Participation Plan and must therefore be for collection of such past due accounts,
approved by resolution of the City Council after presented and read. Michalski moved that the
a public hearing by the Community Development communication be received and filed. Seconded
Advisory Commission; and by Cline. Motion carried 7-0.
Whereas, the City advertised a public
RESOLUTION NO. 631-02
comment period beginning September 5 2002;
RESOLUTION AUTHORIZING COLLECTION
and
OF DELINQUENT SEWER ACCOUNTS IN
Whereas, the Community Development
ACCORDANCE WITH SECTION 44-83 AND
Advisory Commission reviewed the proposed
44-86 OF THE CODE OF ORDINANCES OF
amendment at a public hearing onOctober 9
THE CITY OF DUBUQUE, IOWA
2002, and has voted on November 13 2002 to
approve said amendment and to recommend Whereas, Section 44-83 of the Code of
approval by the City Council. Ordinances authorizes the City to levy and
NOW THEREFORE, BE IT RESOLVED BY collect just and equitable charges, rates or
THE CITY COUNCIL OF THE CITY OF rentals upon all lots, parcels or real estate and
DUBUQUE, IOWA: buildings that are connected directly or indirectly
Section 1. That the Annual Action Plans for with the sanitary sewer system; and
Fiscal Years 2002 and 2003 are hereby Whereas, Section 44-86 of the Code of
rescinded and the balance of funds from these Ordinances provides that the City shall have a
plans is incorporated into an Amended and lien upon the real property served by the
Restated Fiscal Year 2003 (Program Year 2002) sanitary sewer system for all delinquent rates
Annual Plan - Amendment 2, attached hereto and charges; and
as Exhibit A. Whereas, delinquent sewer charges shall be
st
Section 2. That said Amended and Restated certified as December 31 of each year by the
Fiscal Year 2003 (Program Year 2002) Annual City Clerk to the Dubuque County Treasurer for
Plan - Amendment 2 attached hereto as Exhibit collection with, and in the same manner as,
A is hereby approved. general property taxes.
Section 3. That the City Manager is hereby
authorized and directed to submit a copy of this
Regular Session, December 2, 2002 487
40-38 (d) OF THE CODE OF ORDINANCES OF
NOW THEREFORE, BE IT RESOLVED BY
THE CITY OF DUBUQUE, IOWA
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: Whereas, City garbage and refuse collection
Section 1. That the persons hereinafter from residential premises, as defined in the
named, owning the following described property, Code of Ordinances of the City of Dubuque,
have unpaid sewer charges in the amount set Iowa, is mandatory; and
st
out and that said charges are delinquent. Whereas, as of December 31, of each year,
NAME AND ADDRESS delinquent garbage and refuse collection
PROPERTY DESCRIPTION AMOUNT charges shall be certified by the City Clerk to the
Michael J. Schetgen 3922 Inwood Av e Dubuque County Treasurer for collection with,
10-12-181-001 Lot 53 & 54 O’Neill’s North and in the same manner as general property
Dub Add $498.27 taxes;
J Foht 723 Peru Rd NOW, THEREFORE BE IT RESOLVED BY
10-12-358-007 Lot 20 Maple Leaf Add #2 THE CITY COUNCIL OF THE CITY OF
$599.08 DUBUQUE IOWA:
Ricky J Hurst 3975 Inwood Av e Section l. That the persons named
10-12-177-005 Lot 39 & 40 O’Neill’s North hereinunder, owning the property thereby set
Dub Add $435.17 forth, are delinquent in the payment of refuse
Gary Bernhard 1100 Roosevelt St collection
10-12-201-003 Lot 4 Wersinger Sub NAME AND ADDRESS
$600.08 PROPERTY DESCRIPTION AMOUNT
Vincent Ehrlich 333 Olympic Heights Rd Gary Bernhard 1110 Roosevelt St
10-11-378-003 Lot 9 Blk 1 Olympic Heights 10-12-201-003 Lot 4 Wersinger Sub
$1869.15 $268.53
Joe R Bitter 1460 Miller Rd Mark Krolich 743 Louise St
15-02-229-001 Lot 1-1-1-2-1-1-1-1-1-1-1 of 10-12-356-004 Lots 74 & 75 Maple Leaf Add #2
Min Lot 499 $ 113.34 $291.68
Section 2. That the City Clerk be and is hereby Michael J. Schetgen 3922 Inwood Av e
ordered and directed to certify to the County 10-12-181-001 Lot 53 & 54 O’Neill’s North
Treasurer of Dubuque County, Iowa, that the Dub Add $237.72
persons named herein are delinquent in the Thomas Henschel 1887 Miller Rd
payment of sewer charges in the amounts set 15-02-129-004 PT Lot 2 Henschel-McNamer
forth above and that said delinquent sewer Pl $445.16
charges shall be collected in the same manner J Foht 723 Peru Rd
as general property taxes against the respective 10-12-358-007 Lot 20 Maple Leaf Add #2
parcels of property set opposite the name of the $268.53
property owner. Ricky J Hurst 3975 Inwood Ave
Section 3. That the delinquent sewer charges 10-12-177-005 Lot 39 & 40 O’Neill’s North
shall be collected with, and in the same manner Dub Add $194.13
as, general property taxes as provided by law. Gary Bernhard 1100 Roosevelt St
nd
Passed, approved and adopted this 2day of 10-12-201-003 Lot 4 Wersinger Sub
December 2002. $267.53
Terrance M. Duggan, Mayor Vincent Ehrlich 333 Olympic Heights Rd
Attest: Jeanne F. Schneider, City Clerk 10-11-378-003 Lot 9 Blk 1 Olympic Heights
Michalski moved adoption of the Resolution. $573.31
Seconded by Cline. Motion carried 7-0. Joe R Bitter 1460 Miller Rd
15-02-229-001 Lot 1-1-1-2-1-1-1-1-1-1-1 of
Delinquent Garbage and Refuse Collection Min Lot 499 $ 73.18
Charges: City Manager recommending the Max Rettenberger 5210 Olde Hwy Rd
submission of delinquent garbage and refuse Lot 2-2 SE SW Sec 29 $436.31
collection accounts to the Dubuque County Jeanie L Frommelt 3975 Jackson St
Treasurer in order to establish real property liens No Description Per Courthouse $ 71.47
for collection of such past due accounts, Terry Atkinson 45 Oak Grove Dr
presented and read. Michalski moved that the Lot 6 Blk 1 Fischer $132.94
communication be received and filed. Seconded Section 2. That the City clerk be and is hereby
by Cline. Motion carried 7-0. ordered and directed to certify to the County
Treasurer of Dubuque County, Iowa, that the
RESOLUTION NO. 632-02
persons named hereinbefore are delinquent in
RESOLUTION AUTHORIZING THE CITY TO
the payment of refuse collection charges in the
COLLECT DELINQUENT GARBAGE AND
amount set aside of the respective names, and
REFUSE COLLECTION ACCOUNTS IN
that said amounts shall be collected in; the same
ACCORDANCE WITH SECTION 40-37 AND
manner as general property taxes against the
488 Regular Session, December 2, 2002
respective parcels of property set opposite the Pamela Arensdorf Instant Replay+
names of the owners. (Sunday Sale) 1602 Central
nd
Passed, approved and adopted this 2nd day Passed, approved and adopted this 2 day of
of December 2002. December, 2002.
Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution. Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0. Seconded by Cline. Motion carried 7-0.
Dubuque Racing Association’s Fiscal Year ITEMS TO BE SET FOR PUBLIC HEARING
2003 CIP Schedule: City Manager
recommending approval of the Dubuque Racing Mediacom Franchise Extension: City Manager
Association’s Fiscal Year 2003 CIP Schedule, recommending that a public hearing be set for
presented and read. Michalski moved that the December 16, 2002 to consider an additional
communication be received and filed and three-month lease extension of the existing
approved the recommendation. Seconded by Mediacom cable franchise, presented and read.
Cline. Motion carried 7-0. Michalski moved that the communication be
received and filed. Seconded by Markham.
Business Licenses: Motion carried 7-0.
RESOLUTION NO. 633-02 RESOLUTION NO. 635-02
A RESOLUTION OF THE CITY'S INTENT TO
NOW, THEREFORE, BE IT RESOLVED BY
GRANT A SHORT-TERM EXTENSION OF AN
THE CITY COUNCIL OF THE CITY OF
EXISTING CABLE SERVICES FRANCHISE
DUBUQUE, IOWA:
AND AN EXISTING HUB SITE LEASE TO
That the following having complied with the
MCCIOWA L.L.C.
provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be Whereas, MCCIowa, L.L.C. (Mediacom) is the
granted a permit to sell Cigarettes and Cigarette current holder of a cable services franchise,
Papers within said City. embodied in Ordinance No. 42-81, as modified
NEW by a series of waivers and side agreements, and
Jumpers Sports Bar/Grill Inc Jerry Merrick acquired from TCI of Iowa, Inc. via a transfer
2600 Dodge St approved by the Dubuque City Council on June
nd
Passed, approved and adopted this 2 day of 18, 2001; and
December, 2002. Whereas, one of the side agreements is a
Terrance M. Duggan, Mayor lease to Mediacom to build and maintain a
Attest: Jeanne F. Schneider, City Clerk network hub on City-owned property located at
Michalski moved adoption of the Resolution. 1585 West Third Street in Dubuque; and
Seconded by Cline. Motion carried 7-0. Whereas, the terms of the franchise and of the
lease will expire December 31, 2002; and
RESOLUTION NO. 634-02
Whereas, representatives of the City of
Whereas, applications for Liquor Licenses Dubuque and of Mediacom have entered into
have been submitted to this Council for approval good faith negotiation of terms and conditions
and the same have been examined and for the renewal of the franchise and the lease.
approved; and NOW, THEREFORE, BE IT RESOLVED BY
Whereas, the premises to be occupied by such THE CITY COUNCIL OF THE CITY OF
applicants were inspected and found to comply DUBUQUE, IOWA:
with the State Laws and all City Ordinances Section 1.That the City of Dubuque intends to
relevant thereto and they have filed proper extend the term of the cable services franchise
bonds. and the term of the lease to March 31, 2003
NOW, THEREFORE, BE IT RESOLVED BY under the same terms and conditions as
THE CITY COUNCIL OF THE CITY OF currently in effect; and
DUBUQUE, IOWA: Section 2. That the City Clerk is hereby
That the Manager be authorized to cause to be authorized and directed to cause notices to be
issued the following named applicants a Liquor published of the proposed extension in the
License. manner prescribed by law.
CLASS “B” (HOTEL/MOTEL) LICENSE Passed, approved and adopted this 2nd day of
Platinum Holdings LLC Grand Harbor December, 2002
Resort/Water Park+ (Sunday/Outdoor Sale) Terrance M. Duggan, Mayor
350 Bell Attest: Jeanne F. Schneider, City Clerk
CLASS “C” BEER/LIQUOR LICENSE Michalski moved adoption of the Resolution
Pepper Sprout, Inc. Pepper Sprout, Inc. and further set it for public hearing on 12/16/02
378 Main at a meeting to commence at 6:30 P.M. in the
Regular Session, December 2, 2002 489
public library auditorium and that the City Clerk Scouts and High School students that were in
publish notice in the manner prescribed by law. attendance at this Council Meeting.
Seconded by Markham. Motion carried 7-0.
There being no further business, Cline moved
BOARDS/COMMISSIONS to adjourn. Seconded by Markham. Motion
carried 7-0. The meeting adjourned at 6:43 P.M.
Appointments to the following Commission:
Environmental Stewardship Advisory /s/ Jeanne F. Schneider, CMC
Commission (Two unexpired 3-year terms to City Clerk
expire 10/1/03 and 10/1/05). Applicants: Daniel 1t 12/11
Calvert and Mark Henning. Vote on the
appointments was as follows: Markham voted Approved:__________________________2003
for Calvert for the term to expire 05 and Henning
for the term to expire 03. Michalski voted for Adopted:___________________________2003
Calvert for the term to expire 05 and Henning for
the term to expire 03. Nicholson voted for
Calvert for the term to expire 05 and Henning for ______________________________________
the term to expire 03. Buol voted for Calvert for Mayor
the term to expire 05 and Henning for the term
to expire 03. Cline voted for Calvert for the term ______________________________________
to expire 05 and Henning for the term to expire
03. Connors voted for Calvert for the term to ______________________________________
expire 05 and Henning for the term to expire 03.
Duggan voted for Calvert for the term to expire ______________________________________
05 and Henning for the term to expire 03.
Therefore, Daniel Calvert was appointed to the ______________________________________
term which will expire 10/1/05 and Mark Henning
appointed to the term that expires 10/1/03. ______________________________________
ACTION ITEMS ______________________________________
Council Members
Mississippi Valley Trucking Center, Inc./Miller
Logging Company: City Manager recom-Attest:
mending approval of the Offer to Buy Real
Estate and Acceptance for Mississippi Valley ______________________________________
Trucking Center, Inc. (William and Mary City Clerk
Miller/Miller Logging Company), presented and
read. Markham moved that the communication
be received and filed and recommendation
approved. Seconded by Michalski. Carried by
the following vote: Yeas—Buol, Cline, Connors,
Markham, Michalski, Nicholson. Nays—None.
Abstain—Duggan.
Municipal Cable / Telecommunications
Feasibility Study RFP: City Manager
recommending approval of the issuance of a
Request for Proposals for a Municipal
Cable/Telecommunications Feasibility Study for
the City of Dubuque, presented and read. Cline
moved that the communication be received and
filed and recommendation approved. Seconded
by Markham. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Michalski noted with appreciation the Iowa
Department of Economic Development CDBG
$25,000 Vision Downtown Grant, the positive
editorial in the Des Moines Register that day
about Dubuque and also recognized the Cub
490 Special Session, December 9, 2002
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, December 9,
Approved:__________________________2003
2002
Council met in Special Session at 5:36 P.M. in
Adopted:___________________________2003
the Library Auditorium
Present: Mayor Pro-Tem Buol, Council
______________________________________
Members Cline, Connors, Markham, Michalski,
Mayor
City Manager Michael Van Milligen, Corporation
Counsel Barry Lindahl.
______________________________________
Present by Electronic Means (Telephone):
Council Member Nicholson.
______________________________________
Absent: Mayor Duggan.
______________________________________
Mayor Pro-Tem Buol read the call and stated
this is a special session of the City Council
______________________________________
called for the purpose of discussing the
Stormwater Management Plan.
______________________________________
Michael Conzett and Laurie Carrette of HDR
______________________________________
Engineering gave a comprehensive presentation
Council Members
about the proposed Stormwater Management
Plan.
Attest:
Council questioned various aspects of the plan
______________________________________
and discussed the matter at length.
City Clerk
Mike Portzen, 1865 Dallas Ct. and Wayne
Klostermann of the North End Neighborhood
spoke questioning various specifics of the
proposed plan.
There being no further business, Markham
moved to adjourn. Seconded by Cline. Motion
carried 6-0. The meeting adjourned at 7:55
P.M.
/s/ Karen M. Chesterman
Deputy City Clerk
1t 12/18
Special Session, December 16, 2002 491
DUBUQUE
1t 12/26
CITY COUNCIL
OFFICIAL
Approved:__________________________2003
PROCEEDINGS
Adopted:___________________________2003
City Council, Monday, December 16, 2002
Council met for dinner at 4:15 P.M. in the
Second Floor Library Rotunda
______________________________________
Council met in special session at 4:51 P.M. in
Mayor
the Public Library Auditorium
______________________________________
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
______________________________________
Nicholson, City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
______________________________________
Mayor Duggan read the call and stated this is
______________________________________
a special session of the City Council called for
the purpose of discussing the proposed
______________________________________
Stormwater Utility.
______________________________________
Assistant City Engineer Gus Psihoyos
Council Members
introduced individuals representing various
segments of the community that were working
Attest:
together as the Citizen Advisory Committee for
the Stormwater Utility.
______________________________________
City Clerk
Steve Sedgewick of Camp Dresser & McKee
(CDM), the Consultant for this project, presented
various aspects of the proposed Stormwater
Utility program and clarified those items of the
presentation that all committee members had
come to a consensus upon and those items that
no consensus had yet been reached. He stated
that over 7 cities in Iowa and 350 in the United
States have a Stormwater Utility.
Mike Portzen, as Chair of the Committee,
spoke of various specifics of the project as did
Mike Coty, Dave Stuart, Tracy Wagner, Bob
Hartig and Ron Smith. Discussed were the
City’s aging infrastructure system, the design of
the project, the 24.5 Million cost of the project,
the possibility of raising funding from a variety of
sources and the possible variability of fee
amounts, concerns about bankrupting non-profit
and religious facilities, whether a utility should
have a sunset clause, and possible subsidies for
tax exempt properties.
Rev. Ken Bickel, Past President of DACU, Ron
Smith of Dubuque Homebuilders, Bob Hartig
and Dave Stuart as well as other committee
members spoke voicing relevant concerns.
There being no further business, upon
consensus meeting adjourned at 6:11 P.M.
/s/ Karen M. Chesterman
Deputy City Clerk
492 Regular Session, December 16, 2002
DUBUQUE
Corporation Counsel advising that the
CITY COUNCIL
following claims have been referred to Public
OFFICIAL
Entity Risk Services of Iowa, the agent for the
PROCEEDINGS
Iowa Communities Assurance Pool: Chris E.
Cullen, E. David Wright for Welu, Inc. d/b/a Welu
City Council, Monday, December 16, 2002
Printing Co., presented and read. Michalski
Council met in regular session at 6:30 P.M. in
moved that the communications be received and
the Public Library Auditorium
filed and concurred. Seconded by Markham.
Motion carried 7-0.
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
Corporation Counsel recommending settle-
Nicholson, City Manager Michael Van Milligen,
ment of Ricky St. Claire claim in the amount of
Corporation Counsel Barry Lindahl.
$108.69, presented and read. Michalski moved
to receive and file the communication and
Invocation was given by Reverend Jeffrey F.
concurred and Finance Director to issue proper
Bullock, Ph.D., President of the University of
payment. Seconded by Markham. Motion
Dubuque.
carried 7-0.
Mayor Duggan read the call and stated this is :
Citizen CommunicationJohn Steger objecting
a regular session of the City Council called for
to zoning interpretation, presented and read.
the purpose of discussing such matters which
Cline moved that the communication be
may properly come before the City Council.
received and filed and referred to the City
Manager. Seconded by Michalski. Motion
CONSENT ITEMS
carried 7-0.
Minutes Submitted: City Council of 12/2 and
2002 Human Rights Annual Report: Human
12/9; Five Flags Commission of 8/19 and 9/16;
Rights Commission submitting their 2002 Annual
Housing Code Appeals Board of 11/19; Human
Report, presented and read. Michalski moved
Rights Commission of 11/18; Long Range
that the communication be received and filed.
Planning Commission of 11/20; Park and
Seconded by Markham. Motion carried 7-0.
Recreation Commission of 11/12, presented and
read. Michalski moved that the minutes be
IDOT Agreement – U.S. Highway 20
received and filed. Seconded by Markham.
Intersection: City Manager recommending
Motion carried 7-0.
approval of a pre-construction agreement
between the City and the Iowa Department of
Proofs of publication of City Council s
Transportation for improvement to U.S. 20
Proceedings of 11/18/02 and 11/25/02 and List
within the City of Dubuque, presented and read.
of Claims and Revenues for month ending
Cline moved that the communication be
October 31, 2002, presented and read.
received and filed. Seconded by Michalski.
Michalski moved that the proofs be received and
Motion carried 7-0.
filed. Seconded by Markham. Motion carried 7-
Markham requested clarification of the
0.
specifics of this Agreement which would include
an intelligent travel control system and turn
Council Proceedings of October 2002,
lanes at several intersections within the City of
presented and read. Michalski moved that the
Dubuque.
proceedings be approved as printed. Seconded
City Manager Michael Van Milligen and Public
by Markham. Motion carried 7-0.
Works Director Mike Koch spoke and explained
the details.
Finance Director submitting Financial Reports
RESOLUTION NO. 636-02
for the month ending November 30, 2002,
RESOLUTION APPROVING AGREEMENT
presented and read. Michalski moved that the
communication be received and filed. Seconded BETWEEN THE CITY OF DUBUQUE AND THE
by Markham. Motion carried 7-0. IOWA DEPARTMENT OF TRANSPORTATION
FOR IMPROVEMENTS TO US 20
Notice of Claims/Suits: Chris E. Cullen for
Whereas, the City agrees that the Iowa
property damage; Welu, Inc. d/b/a Welu Printing
Department of Transportation shall construct
Co. by Attorney E. David Wright for property
traffic improvements on US 20 extending from
damage, presented and read. Michalski moved
Devon Drive westerly to the new “Menards”
that the claims and suits be referred to the Legal
entrance which is located just beyond the old US
Staff for investigation and report. Seconded by
20 intersection; and
Markham. Motion carried 7-0.
Regular Session, December 16, 2002 493
Whereas, the Iowa Department of Dubuque County Historical Society contract
Transportation has prepared a pre-construction with Scharff-Weisberg Amendment: City
agreement between the City of Dubuque and the Manager recommending approval of an
Iowa Department of Transportation for the amendment to the contract with Scharff-
installation of traffic signal interconnect from Weisberg for National Scenic Byways Grant,
Devon Drive extending westerly to the west presented and read. Michalski moved that the
limits of the project at the new “Menards”, and communication be received and filed and
the installation of right- and left-turn lanes from approved recommendation. Seconded by
Devon Drive extending westerly to Century Markham. Motion carried 7-0.
Drive; and
Whereas, the City Council of the City of The following item was removed at the request
Dubuque approves of said agreement. of the applicant: Plat of Survey, 1670 John F.
NOW, THEREFORE, BE IT RESOLVED BY Kennedy Road: Zoning Advisory Commission
THE CITY COUNCIL OF THE CITY OF recommending approval of the Plat of Survey of
DUBUQUE, IOWA: Lot 1 and Lot 2 of Kopp’s JFK Addition No. 2
Section 1.That the pre-construction agreement and Resolution Approving the Plat of Survey of
between the City of Dubuque and the Iowa Lot 1 and Lot 2 of Kopp’s JFK Addition No. 2 in
Department of Transportation for the the City of Dubuque, Iowa.
construction of traffic signal and turn-lane
improvements between the City of Dubuque and Plat of Survey, Rockdale Road: Zoning
the Iowa Department of Transportation be and is Advisory Commission recommending approval
hereby approved. of the Plat of Survey of Lot 1-2 and Lot 2-2 of
Section 2. That the Mayor be authorized and Shipton’s Second Addition, presented and read.
directed to execute two copies of the pre-Michalski moved that the communication be
construction agreement between the City of received and filed. Seconded by Markham.
Dubuque and the Iowa Department of Motion carried 7-0.
Transportation.
RESOLUTION NO. 637-02
Passed, adopted and approved this 16th day
RESOLUTION APPROVING THE PLAT OF
of December, 2002.
SURVEY LOT 1-2 AND L0T 2-2 OF
Terrance M. Duggan, Mayor
SHIPTON’S SECOND ADDITION IN THE CITY
Attest: Karen M. Chesterman, Deputy City Clerk
OF DUBUQUE, IOWA.
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0. Whereas, there has been filed with the City
Clerk a Plat of Survey Lot 1-2 and Lot 2-2 of
Dubuque Community Schools Request to Shipton’s Second Addition in the City of
Purchase Property: Communication from the Dubuque, Iowa; and;
Dubuque Community School District to vacate a Whereas, said plat provides Lot 1-2 with 0 feet
portion of City alley abutting School District of lot frontage where 50 feet of lot frontage is
property at 330 Bryant Street, 340 Bryant Street, required; and
and 1280 Mt. Loretta St., presented and read. Whereas, said Plat of Survey has been
Michalski moved that the communication be examined by the Zoning Advisory Commission
received and filed and referred to the City and had its approval endorsed thereon; and
Manager. Seconded by Markham. Motion Whereas, said Plat of Survey has been
carried 7-0. examined by the City Council and they find that
it conforms to the statutes and ordinances
Workers’ Compensation Claim Settlement: relating thereto.
Corporation Counsel requesting approval of a NOW THEREFORE, BE IT RESOLVED BY
proposed settlement of Workers’ Compensation THE CITY COUNCIL OF THE CITY OF
claim of John Fitzgibbons, presented and read. DUBUQUE, IOWA:
Michalski moved that the communication be Section 1. That Section 42-19(b) of the
received and filed and approved request. Subdivision Regulations is waived to allow Lot 1-
Seconded by Markham. Motion carried 7-0. 2 with 0 feet of lot frontage where 50 feet of lot
frontage is required, provided that Lot 1-2 is
Grand River Center Request for Proposals for labeled as “non-buildable.”
Creative Services: City Manager recommending Section 2. That the Plat of Survey is hereby
approval of a Request for Proposal for creative approved, and the Mayor and City Clerk are
development services for the Grand River hereby authorized and directed to endorse the
Center, presented and read. Michalski moved approval of the City of Dubuque, Iowa upon said
that the communication be received and filed Plat of Survey.
and approved request. Seconded by Markham. Passed, approved and adopted this 16th day
Motion carried 7-0. of December, 2002.
Terrance M. Duggan, Mayor
494 Regular Session, December 16, 2002
Attest: Karen M. Chesterman, Deputy City Clerk NOW THEREFORE, BE IT RESOLVED BY
Michalski moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF
Seconded by Markham. Motion carried 7-0. DUBUQUE, IOWA:
Section 1. That the cost of said improvement
Downtown Planning Committee Membership: is hereby determined to be $113,001.00 and the
Communication of Long Range Planning said amount shall be paid from the General
Commission recommending adding two new Fund and the 1% Local Option Sales Tax Fund
members to the Downtown Planning of the City of Dubuque, Iowa.
Commission from Dubuque Initiatives and Passed, approved and adopted this 16th day
Dubuque Cultural Alliance, presented and read. of December, 2002.
Michalski moved that the communication be Terrance M. Duggan, Mayor
received and filed and approved. Seconded by Attest: Karen M. Chesterman, Deputy City Clerk
Markham. Motion carried 7-0. Michalski moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Ice Harbor Maintenance Dredging Project –
Acceptance: City Manager recommending Civil Service Certification of Sanitation Driver
acceptance of the 2002 Maintenance Dredging Position: Civil Service Commission submitting
Project – Ice Harbor Flood Control Gate certification of individuals tested for Sanitation
Structure in the final amount of $109,925.00, Driver, presented and read.
presented and read. Michalski moved that the
communication be received and filed. Seconded December 9, 2002
by Markham. Motion carried 7-0. Honorable Mayor and Members of the City
Council
RESOLUTION NO. 638-02
In accordance with Chapter 400 of the 2001
ACCEPTING IMPROVEMENT
Code of Iowa, an examination for the position of
Whereas, the contract for the 2002 Sanitation Driver was conducted on November
Maintenance Dredging Project – Ice Harbor 20, 2002. We hereby certify that the individuals
Flood Control Gate Structure has been listed below have passed this written
completed and the City Manager has examined examination and the vacancy for this position
the work and filed his certificate stating that the should be filled from this list and that this list is
same has been completed according to the good for two (2) years from above date.
terms of the contract, plans and specifications Sanitation Driver
and recommends its acceptance. Garry Clauer Tim Furlong
NOW THEREFORE, BE IT RESOLVED BY Gary Nauman Nancy Otterbeck
THE CITY COUNCIL OF THE CITY OF Ricky Fishnick Teresa Behnke
DUBUQUE, IOWA: Chad Berendes Ray Behnke
Section 1. That the recommendation of the Roger Becker Randy Ludowitz
City Manager be approved and that said Respectfully submitted,
improvement be and the same is hereby /s/ Merle Duehr, Chairperson
accepted. /s/ Loras Kluesner
BE IT FURTHER RESOLVED that the City /s/ Richard Wertzberger
Treasurer be and he is hereby directed to pay to Civil Service Commission
the contractor from the General Fund and the Michalski moved that the above certification be
1% Local Option Sales Tax Fund in amount made a matter of record. Seconded by
equal to the amount of his contract, less any Markham. Motion carried 7-0.
retained percentage provided for therein.
th
-
Passed, approved and adopted this 16 day of Housing Tax Credit Gronen Properties: City
December, 2002. Manager recommending support of application
Terrance M. Duggan, Mayor for equity financing assistance for the Gronen
Attest: Karen M. Chesterman, Deputy City Clerk Upper Main Revitalization Project, presented
Michalski moved adoption of the Resolution. and read. Michalski moved that the
Seconded by Markham. Motion carried 7-0. communication be received and filed. Seconded
by Markham. Motion carried 7-0.
RESOLUTION NO. 639-02
FINAL ESTIMATERESOLUTION NO. 640-02
RESOLUTION AUTHORIZING THE CITY
Whereas, the contract for the 2002
COUNCIL TO ENDORSE THE GRONEN
Maintenance Dredging Project – Ice Harbor
PROPERTIES’ APPLICATION FOR FEDERAL
Flood Control Gate Structure has been
ASSISTANCE FOR A RENTAL HOUSING
completed and the City Engineer has submitted
REHABILITATION PROJECT ON UPPER
his final estimate showing the cost thereof
MAIN STREET
including the cost of estimates, notices and
inspection and all miscellaneous costs.
Regular Session, December 16, 2002 495
Whereas, the federal government, through presented and read. Michalski moved that the
Section 42 of the Internal Revenue Code, offer communication be received and filed. Seconded
incentives for rehabilitation of affordable rental by Markham. Motion carried 7-0.
housing which is made available to low- and
RESOLUTION NO. 641-02
moderate-income households; and
RESOLUTION AUTHORIZING IOWA
Whereas, Gronen Properties has submitted an
DEPARTMENT OF ECONOMIC DEVELOP-
application for affordable housing tax credits in
MENT GRANT AGREEMENT FOR
connection with a proposed project to
DOWNTOWN MASTER PLAN
rehabilitate 30 rental units, located at 1042,
1066, 1069, 1086 and 1091 Main Street; and at Whereas, the City Council has made creation
th
248 West 11 Street in the City of Dubuque; and of a Downtown Master Plan a priority; and
Whereas, indication of City support for the Whereas, the City Council has allocated
requested federal assistance is favorable to the $50,000 towards this project; and
Iowa Finance Authority’s consideration of the Whereas, the Iowa Department of Economic
application. Development (IDED) has awarded the City a
NOW, THEREFORE, BE IT RESOLVED BY $25,000 grant from the IDED’s Community
THE CITY COUNCIL OF DUBUQUE, IOWA: Development Fund for this project; and
Section 1. The City of Dubuque endorses and Whereas, the Downtown Planning Committee
supports the application from Gronen Properties has raised $25,000 in private donations; and
for tax credits to the Iowa Finance Authority, for Whereas, the Downtown Planning Committee
the intended project located on Main Street. and Planning Services Department will provide
Section 2. The City Manager is hereby $2,500 in local in-kind match.
authorized and directed to forward this NOW THEREFORE, BE IT RESOLVED BY
resolution to the Finance Authority. THE CITY COUNCIL OF THE CITY OF
Passed, approved and adopted this 16th day DUBUQUE, IOWA:
of December, 2002. Section 1. The Mayor hereby is authorized to
Terrance M. Duggan, Mayor sign the IDED grant agreement for creation of
Attest: Karen M. Chesterman, Deputy City Clerk the Downtown Master Plan on behalf of the City
Michalski moved adoption of the Resolution. of Dubuque.
Seconded by Markham. Motion carried 7-0. Section 2. The Planning Services Manager
hereby is authorized to sign the IDED payment
YMCA Drive – Habitat for Humanity Drainage vouchers and to serve as the project manager
Problem: City Manager responding to concerns and point of contact for this grant agreement.
from Habitat for Humanity as to drainage Passed, approved and adopted this 16th day
problems on YMCA Drive, presented and read. of December, 2002.
Michalski moved that the communication be Terrance M. Duggan, Mayor
received and filed. Seconded by Markham. Attest: Karen M. Chesterman, Deputy City Clerk
Motion carried 7-0. Michalski moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Asbury Plaza Detention Basin Response: City
Manager responding to concern of Judy Riniker Mississippi River Discovery Center Wetlands
about water runoff near the Asbury Plaza area, Site Package II: City Manager recommending
presented and read. Michalski moved that the authorization to execute a Supplemental
communication be received and filed. Seconded Agreement for the Mississippi River Discovery
by Markham. Motion carried 7-0. Center (MRDC) Wetland Site Package II, Interior
Walkways Project, presented and read.
Transit Boarding Facility Architectural Michalski moved that the communication be
Services: City Manager requesting authorization received and filed. Seconded by Markham.
to negotiate a contract for Architectural Services Motion carried 7-0.
to design a Transit Boarding Facility, presented
RESOLUTION NO. 642-02
and read. Michalski moved that the
RESOLUTION AUTHORIZING A SUPPLE-
communication be received and filed and
MENTAL AGREEMENT WITH THE IOWA
approved the request. Seconded by Markham.
DEPARTMENT OF TRANSPORTATION FOR
Motion carried 7-0.
THE MISSISSIPPI RIVER DISCOVERY
CENTER WETLAND SITE PACKAGE II,
Iowa Department of Economic Development
INTERIOR WALKWAYS PROJECT
Grant Agreement for Downtown Master Plan:
City Manager recommending approval of an Whereas, the City of Dubuque is the sponsor
Agreement with the Iowa Department of of a Transportation Enhancement Grant for the
Economic Development for a $25,000 grant from Mississippi River Discovery Center Wetland Site
IDED’s Community Development Fund for Package II, Interior Walkways Project; and
preparation of the Downtown Master Plan,
496 Regular Session, December 16, 2002
Whereas, the Dubuque County Historical Addition, in the City of Dubuque, Iowa,
Society wishes to bid the Mississippi River according to the recorded Plat thereof.
Discovery Center Wetland Site Package II, Lot 1A of vacated alley in Block 18 of Dubuque
Interior Walkways Project; and Harbor Improvement Company's Addition from
Whereas, the Iowa Department of Market Square to the I.C.R.R. R.O.W.
Transportation will allow the Mississippi River In the City of Dubuque, Iowa, according to the
Discovery Center Wetland Site Package II, recorded Plats thereof.
Interior Walkways Project to be bid locally after Lots 31, 32, 33, 34, 35, and 36, in Block 21, Lots
completion of a supplemental agreement with 1 to 38, both inclusive, in Block 27, and Lots 31,
the City. 33, 34, and 35, in Block 28, All in Dubuque
NOW, THEREFORE, BE IT RESOLVED BY Harbor Improvement Co.'s Addition, In the City
THE CITY COUNCIL OF THE CITY OF of Dubuque, Iowa, according to the Recorded
DUBUQUE, IOWA: plat of said Addition.
Section 1. That the Mayor is hereby authorized Lots 1, 33, 34, 35, 36, in Block 20; Lots
to sign the Supplemental Agreement with the numbered 3 to 19, inclusive, in Block 21; That
Iowa Department of Transportation to proceed part of lots 2, 3, 4, 31 and 32, in Block 20, and,
with the local bidding of the Mississippi River That part of lots 8 and 27, in Block 28, lying
Discovery Center Wetland Site Package II, easterly of the Dubuque & Dunleith Bridge
Interior Walkways Project. Company's right of way;
Passed, adopted and approved this 16th day Lots 1, 2, 3, 4, 5, 6, 7, 28, 29, 30, and 32, in
of December, 2002. Block 28; All in Dubuque Harbor Improvement
Terrance M. Duggan, Mayor Company's Addition, in the City of Dubuque,
Attest: Karen M. Chesterman, Deputy City Clerk Iowa, according to the respective recorded Plats
Michalski moved adoption of the Resolution. thereof.
Seconded by Markham. Motion carried 7-0. AND WHEREAS, the terms of the Agreement
have now been met.
Dubuque Hardwoods Deeds: Corporation NOW, THEREFORE, BE IT RESOLVED BY
Counsel recommending acceptance of the THE CITY COUNCIL OF THE CITY OF
deeds from Dubuque Hardwoods, Inc., Robert DUBUQUE, IOWA, AS FOLLOWS:
and Lynn Miller, and Midwest Hardwoods, Inc., 1. The City of Dubuque hereby accepts the
presented and read. Michalski moved that the Deeds from Dubuque Hardwoods, Inc. and
communication be received and filed. Seconded Robert and Lynn Miller, copies of which are
by Markham. Motion carried 7-0. attached hereto.
2. The City Clerk is hereby authorized and
RESOLUTION NO. 643-02
directed to record this Resolution and the Deeds
ACCEPTING THE DEEDS TO CERTAIN REAL
with the Dubuque County Recorder.
ESTATE IN DUBUQUE COUNTY, IOWA FROM
Passed, approved and adopted this 16th day
DUBUQUE HARDWOODS, INC. AND
of December, 2002.
ROBERT AND LYNN MILLER
Terrance M. Duggan, Mayor
WHEREAS, the City of Dubuque entered into Attest: Karen M. Chesterman, Deputy City Clerk
an Agreement with Dubuque Hardwoods, Inc. Michalski moved adoption of the Resolution.
and Robert and Lynn Miller for the purchase of Seconded by Markham. Motion carried 7-0.
the following described real property in Dubuque
RESOLUTION NO. 644-03
County, Iowa:
ACCEPTING THE DEED TO CERTAIN REAL
Market Square; Cypress Street, Wall Street,
ESTATE IN DUBUQUE COUNTY, IOWA FROM
Washington Street and alleys located between
MIDWEST HARDWOODS, INC.
the NE'LY line of Sixth Street and the NW'LY
line of Market Street and the SE'LY right of way WHEREAS, the City of Dubuque entered into
line of the Canadian National Illinois Central an Agreement with Dubuque Hardwoods, Inc.
Railroad in the City of Dubuque, Dubuque and Robert and Lynn Miller for the purchase of
County, Iowa the following described real property in Dubuque
Lots 1, 2, 37, and 38 in Block 21 in Dubuque County, Iowa:
Harbor Improvement Co.'s Addition, In the City Market Square; Cypress Street, Wall Street,
of Dubuque, Iowa, according to the Recorded Washington Street and alleys located between
plat of said Addition. the NE'LY line of Sixth Street and the NW'LY
Lots 15, 16, 17, 18, 19, 20, 21, and 22; and, line of Market Street and the SE'LY right of way
That part of lots 1, 2, 3, 4, 5, 6, 7, 8, 12, 13, and line of the Canadian National Illinois Central
14, lying southerly Of a line which is parallel to Railroad in the City of Dubuque, Dubuque
and 50 feet southerly from the Centerline of the County, Iowa
Illinois Central Gulf Railroad Company's main Lots 1, 2, 37, and 38 in Block 21 in Dubuque
Tract, as now located; all in Block 18, In Harbor Improvement Co.'s Addition, In the City
Dubuque Harbor Improvement Company's
Regular Session, December 16, 2002 497
of Dubuque, Iowa, according to the Recorded Application for EPA Brownfield Clean-Up
plat of said Addition. Grant: City Manager recommending
Lots 15, 16, 17, 18, 19, 20, 21, and 22; and, endorsement of the submission of an application
That part of lots 1, 2, 3, 4, 5, 6, 7, 8, 12, 13, and for the EPA Brownfield Cleanup Grant
14, lying southerly Of a line which is parallel to Application for Petroleum Contaminated
and 50 feet southerly from the Centerline of the Property in the Port of Dubuque, presented and
Illinois Central Gulf Railroad Company's main read. Michalski moved that the communication
Tract, as now located; all in Block 18, In be received and filed. Seconded by Markham.
Dubuque Harbor Improvement Company's Motion carried 7-0.
Addition, in the City of Dubuque, Iowa,
RESOLUTION NO. 645-02
according to the recorded Plat thereof.
A RESOLUTION ENDORSING THE
Lot 1A of vacated alley in Block 18 of Dubuque
SUBMISSION OF A BROWNFIELD CLEANUP
Harbor Improvement Company's Addition from
GRANT APPLICATION TO THE U. S.
Market Square to the I.C.R.R. R.O.W. In the City
ENVIRONMENTAL PROTECTION AGENCY
of Dubuque, Iowa, according to the recorded
FOR CLEANUP ACTIVITIES IN THE PORT OF
Plats thereof.
DUBUQUE.
Lots 31, 32, 33, 34, 35, and 36, in Block 21, Lots
1 to 38, both inclusive, in Block 27, and Lots 31, Whereas, the City of Dubuque is interested in
33, 34, and 35, in Block 28, All in Dubuque promoting further economic development
Harbor Improvement Co.'s Addition, In the City opportunities in the Port of Dubuque area in
of Dubuque, Iowa, according to the Recorded order to retain and attract new job creating
plat of said Addition. businesses to this community; and
Lots 1, 33, 34, 35, 36, in Block 20; Lots Whereas, the City of Dubuque and its
America’s River
numbered 3 to 19, inclusive, in Block 21; That partners are investing over
part of lots 2, 3, 4, 31 and 32, in Block 20, and, $188 million in the Port of Dubuque; and
That part of lots 8 and 27, in Block 28, lying Whereas, petroleum contaminated property in
easterly of the Dubuque & Dunleith Bridge the Port of Dubuque may hinder further
Company's right of way; Lots 1, 2, 3, 4, 5, 6, 7, investment in and development of key riverfront
28, 29, 30, and 32, in Block 28; All in Dubuque property; and
Harbor Improvement Company's Addition, in the Whereas, the U. S. Environmental Protection
City of Dubuque, Iowa, according to the Agency, through its Brownfield Cleanup Grant
respective recorded Plats thereof. program, has monies available for the cleanup
AND WHEREAS, the Agreement required that of contaminated properties owned by
Dubuque Hardwoods, Inc. deliver to City a deed municipalities.
to the property from Midwest Hardwoods, Inc. to NOW, THEREFORE, BE IT RESOLVED BY
the City of Dubuque, a copy of which deed is THE CITY COUNCIL OF THE CITY OF
attached hereto. DUBUQUE, IOWA:
NOW, THEREFORE, BE IT RESOLVED BY Section 1. That the City of Dubuque hereby
THE CITY COUNCIL OF THE CITY OF endorses the application to the U. S.
DUBUQUE, IOWA, AS FOLLOWS: Environmental Protection Agency for Brownfield
1. The City of Dubuque hereby accepts the Cleanup Grant funding in the amount of
Deed from Midwest Hardwoods, Inc., a copy of $200,000 to clean up petroleum contaminated
which is attached hereto. property in the Port of Dubuque.
2. The City Clerk is hereby authorized and Section 2. That the City Manager is
directed to record this Resolution and the Deed authorized to sign, on behalf of the City Council,
with the Dubuque County Recorder. the application for EPA Brownfield Cleanup
Passed, approved and adopted this 16th day Grant funding.
of December, 2002. Passed, approved and adopted this 16th day
Terrance M. Duggan, Mayor of December, 2002.
Attest: Karen M. Chesterman, Deputy City Clerk Terrance M. Duggan, Mayor
Michalski moved adoption of the Resolution. Attest: Karen M. Chesterman, Deputy City Clerk
Seconded by Markham. Motion carried 7-0. Michalski moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Muddy Waters Business Response: City
Manager responding to letter from Jessica EDA Grant for Adams Co. Acquisition: City
Barnes concerning police enforcement at the Manager recommending approval of a contract
th
Muddy Waters establishment at 18 and with the Economic Development Administration
Central, presented and read. Michalski moved for a $2 Million Grant for the Acquisition of the
that the communication be received and filed. Adams Co., presented and read. Michalski
Seconded by Markham. Motion carried 7-0.moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-
0.
498 Regular Session, December 16, 2002
th
RESOLUTION NO. 646-02
Passed, approved and adopted this 16 day
A RESOLUTION AUTHORIZING THE
of December, 2002.
EXECUTION OF A CONTRACT WITH THE
Terrance M. Duggan, Mayor
ECONOMIC DEVELOPMENT ADMINISTRA-
Attest: Karen M. Chesterman, Deputy City Clerk
TION
Michalski moved adoption of the Resolution.
Whereas, the City Council of Dubuque has Seconded by Markham. Motion carried 7-0.
approved an application to the Economic
RESOLUTION NO. 648-02
Development Administration for a grant to assist
in the acquisition of property owned by the Whereas, applications for Liquor Licenses
Adams Company in the Port of Dubuque, have been submitted to this Council for approval
relocation of the Company, and demolition of the and the same have been examined and
existing facility (the Project); and approved; and
Whereas, the Economic Development Whereas, the premises to be occupied by such
Administration (EDA) has announced the applicants were inspected and found to comply
approval of a $2 Million grant for the Project; and with the State Laws and all City Ordinances
Whereas, EDA has provided a contract to the relevant thereto and they have filed proper
City for the $2 Million grant; bonds.
NOW, THEREFORE, BE IT RESOLVED BY NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: DUBUQUE, IOWA:
Section 1. That the attached contract with EDA That the Manager be authorized to cause to be
for a $2 Million grant to assist in the Project is issued the following named applicants a Liquor
hereby approved. License.
Section 2. That the Mayor is hereby authorized CLASS “B”(HOTEL/MOTEL) LIQUOR LICENSE
to execute and the City Manager is hereby Design Center, Inc. Julien Inn+
directed to submit said contract to the Economic (Sunday Sale) 200 Main St
Development Administration together with other Kinseth Hotel Holiday Inn 5-Flags+
attachments as may be required. (Sunday Sale) 450 Main St
Passed, approved, and adopted this 16th day CLASS “C” BEER/LIQUOR LICENSE
of December, 2002. L & M Wharf Corp Michael’s Bar X +
Terrance M. Duggan, Mayor (Sunday Sale) 2616 Windsor
Attest: Karen M. Chesterman, Deputy City Clerk David Hoffman White House
Michalski moved adoption of the Resolution. 450 W Locust
Seconded by Markham. Motion carried 7-0. The Moracco Inc. Moracco+
(Sunday Sale) 1413 Rockdale Rd
Business Licenses: Dubuque County Historical Ryan House+
(Sunday Sale) 1375 Locust St
RESOLUTION NO. 647-02
Bowling & Beyond Dubuque Inc
BEER Bowling & Beyond Dubuque+
Whereas, applications for Beer Permits have (Sunday/Outdoor Sale) 1860 Hawthorne
been submitted and filed to this Council for CLASS “B” WINE PERMIT
approval and the same have been examined Hy-Vee Inc. Hy-Vee # 2
and approved: and 4800 Asbury Rd
Whereas, the premises to be occupied by Passed, approved and adopted this 16th day
such applicants were inspected and found to of December, 2002.
comply with the Ordinances of the City and have Terrance M. Duggan, Mayor
filed proper bonds. Attest: Karen M. Chesterman, Deputy City Clerk
NOW, THEREFORE, BE IT RESOLVED BY Michalski moved adoption of the Resolution.
THE CITY COUNCIL OF THE CITY OF Seconded by Markham. Motion carried 7-0.
DUBUQUE, IOWA:
That the Manager be authorized to cause to be ITEM TO BE SET FOR PUBLIC HEARING
issued the following named applicants a Beer
Permit. Decorah Street Request to Vacate: City
CLASS “C” BEER PERMIT Manager recommending that a public hearing be
Rainbo Oil Company Kwik Stop Food Mart+ set for January 6, 2003 to consider a request
(Sunday Sale) 2320 Hwy 61 from Douglas and Jean Kapp and William and
Iowa Oil Company IOCO Speede Shoppe+ Carole Kubler to vacate and purchase a portion
(Sunday Sale) 2150 Twin Valley ofDecorah Street east of Adair Street,
Molo Oil Company Big 10 Mart+ presented and read. Michalski moved that the
th
(Sunday Sale) 9 & Central Ave communication be received and filed. Seconded
Hy-Vee Inc. Hy-Vee # 2+ by Connors. Motion carried 7-0.
(Sunday Sale) 4800 Asbury Rd
Regular Session, December 16, 2002 499
RESOLUTION NO. 649-02
Whereas, the City Council of the City of
RESOLUTION APPROVING PLAT OF
Dubuque, Iowa has determined that Decorah
PROPOSED VACATED DECORAH STREET
Street east of Adair Street is no longer required
EAST OF ADAIR STREET
for public use, except for utility easements as
Whereas, there has been presented to the City noted, and vacating of said portion of Decorah
Council of the City of Dubuque, Iowa, a plat Street east of Adair Street known as Lot 10A
th
dated the 9 day of December, 2002, prepared and Lot 11A of Woodlawn Park, in the City of
by IIW Engineers & Surveyors, PC, describing Dubuque, Dubuque County, Iowa should be
the proposed vacated portion of Decorah Street approved.
east of Adair Street; and NOW, THEREFORE, BE IT ORDAINED BY
Whereas, said plat conforms to the laws and THE CITY COUNCIL OF THE CITY OF
statutes pertaining thereto. DUBUQUE, IOWA:
NOW, THEREFORE, BE IT RESOLVED BY Section 1. That the real estate described as
THE CITY COUNCIL OF THE CITY OF Lot 10A and Lot 11A of Woodlawn Park, in the
DUBUQUE, IOWA: City of Dubuque, Iowa, be and the same is
th
Section 1. That the plat dated 9 day of hereby vacated.
December, 2002, prepared by IIW Engineers & Section 2. The City of Dubuque reserves unto
Surveyors, PC relative to the real estate itself a perpetual easement including the right of
hereinabove described be and the same is ingress and egress thereto, for the purpose of
hereby approved, and the Mayor and City Clerk erecting, installing, constructing, reconstructing,
be and they are hereby authorized and directed repairing, owning, operating, and maintaining
to execute said plat for and on behalf of the City water, sewer, drainage, gas, telephone,
of Dubuque, Iowa. television cable, fiber optics, and electric lines as
Section 2. The City of Dubuque reserves unto may be authorized by the City of Dubuque,
itself a perpetual easement including the right of Iowa, as shown on the Plat of Survey of Lot 10A
ingress and egress thereto, for the purpose of and Lot 11A of Woodlawn Park.
erecting, installing, constructing, reconstructing, Passed, approved and adopted this 16th day
repairing, owning, operating, and maintaining of December, 2002.
water, sewer, drainage, gas, telephone, Terrance M. Duggan, Mayor
television cable, fiber optics, and electric lines as Attest: Karen M. Chesterman, Deputy City Clerk
may be authorized by the City of Dubuque, Published officially in the Telegraph Herald
th
Iowa, as shown on the Plat of Survey of Lot 10A newspaper this 20 day of December, 2002.
and Lot 11A of Woodlawn Park. Karen M. Chesterman, Deputy City Clerk
Section 3. That the City Clerk be and is hereby 1t 12/20
authorized and directed to file said plat and Michalski moved that the requirement that a
certified copy of this resolution in the office of proposed Ordinance be considered and voted
the Recorder in and for Dubuque County, Iowa. on for passage at two Council Meetings prior to
th
Passed, approved and adopted this 16 day of the meeting at which it is to be finally passed be
December, 2002. suspended and further moved final
Terrance M. Duggan, Mayor consideration and passage of the Ordinance.
Attest: Karen M. Chesterman, Deputy City Clerk Seconded by Connors. Motion carried 7-0.
Michalski moved adoption of the Resolution.
RESOLUTION NO. 650-02
Seconded by Connors. Motion carried 7-0.
RESOLUTION OF INTENT TO DISPOSE OF
CITY INTEREST IN LOT 10A AND LOT 11A
An Ordinance Vacating Decorah Street East of
OF WOODLAWN PARK, CITY OF DUBUQUE,
Adair Street, presented and read.
DUBUQUE, IOWA
OFFICIAL PUBLICATION
Whereas, the Douglas and Jean Kapp and
ORDINANCE NO. 98-02
William and Carole Kubler have requested the
ORDINANCE VACATING DECORAH STREET
vacating of Decorah Street east of Adair Street;
EAST OF ADAIR STREET
and
Whereas, Douglas and Jean Kapp and William Whereas, IIW Engineers & Surveyors, PC has
and Carole Kubler have requested the vacating prepared and submitted to the City Council a
of Decorah Street east of Adair Street; and plat showing the vacated portion of Decorah
Whereas, IIW Engineers & Surveyors, PC has Street east of Adair Street and assigned lot
prepared and submitted to the City Council a numbers thereto, which hereinafter shall be
plat showing the vacated portion of Decorah known and described as Lot 10A and Lot 11A of
Street east of Adair Street and assigned lot Woodlawn Park in the City of Dubuque, Iowa;
numbers thereto, which hereinafter shall be and
known and described as Lot 10A and Lot 11A of Whereas, the City Council of the City of
Woodlawn Park, in the City of Dubuque, Dubuque, Iowa has determined that Decorah
Dubuque County, Iowa; and Street east of Adair Street is no longer required
500 Regular Session, December 16, 2002
for public use, except for utility easements as Buol moved that the rules be suspended to
noted, and vacating and sale of said portions of allow anyone present to speak. Seconded by
alleys and streets known as Lot 10A and Lot Nicholson. Motion carried 7-0.
11A of Woodlawn Park in the City of Dubuque,
Dubuque County, Iowa should be approved. Mediacom Franchise Extension: Proof of
NOW, THEREFORE, BE IT RESOLVED BY publication on notice of hearing to consider an
THE CITY COUNCIL OF THE CITY OF additional three-month lease extension of the
DUBUQUE, IOWA: existing Mediacom cable franchise and City
Section 1. That the City of Dubuque intends to Manager recommending approval and
dispose of its interest in Lot 10A and Lot 11A of communication of Charlie Ellis, Chair of Cable
Woodlawn Park in the City of Dubuque, Iowa. Regulatory Commission, requesting that an
Section 2. That the conveyance of Lot 10A of extension be granted, presented and read.
Woodlawn Park in the City of Dubuque, Iowa to Buol moved that the proof and communication
Douglas and Jean Kapp be contingent upon the be received and filed. Seconded by Nicholson.
payment of $1,235.00 plus platting, publication Motion carried 7-0.
and filing fees.
Section 3. That the conveyance of Lot 11A of An Ordinance extending the term of the
Woodlawn Park in the City of Dubuque, Iowa to existing Cable Franchise Agreement and Hub
William and Carole Kubler be contingent upon Site Lease of MCCIowa, LLC to March 31, 2003,
the payment of $1,235.00 plus platting, presented and read.
publication and filing fees.
OFFICIAL PUBLICATION
Section 4. The City of Dubuque reserves unto
ORDINANCE NO. 99-02
itself a perpetual easement including the right of
AN ORDINANCE EXTENDING THE TERM OF
ingress and egress thereto, for the purpose of
THE EXISTING CABLE FRANCHISE
erecting, installing, constructing, reconstructing,
AGREEMENT AND HUB SITE LEASE OF
repairing, owning, operating, and maintaining
MCCIOWA, L.L.C. TO MARCH 31, 2003.
water, sewer, drainage, gas, telephone,
television cable, fiber optics, and electric lines as Whereas, MCCIowa, L.L.C. (Mediacom) is the
may be authorized by the City of Dubuque, current holder of a cable services franchise,
Iowa, as shown on the Plat of Survey of Lot 10A embodied in Ordinance No. 42-81, as modified
and Lot 11A of Woodlawn Park. by a series of waivers and side agreements, and
Section 5. That the City Clerk be and is hereby acquired from TCI of Iowa, Inc. via a transfer
authorized and directed to cause a notice of approved by the Dubuque City Council on June
intent to dispose of said real estate to be 18, 2001; and
published in the manner as prescribed by law. Whereas, one of the side agreements is a
Passed, approved and adopted this 16th day lease to Mediacom to build and maintain a
of December, 2002. network hub on City-owned property located at
Terrance M. Duggan, Mayor 1585 West Third Street in Dubuque; and
Attest: Karen M. Chesterman, Deputy City Clerk Whereas, the terms of the franchise and of the
Michalski moved adoption of the Resolution and lease will expire December 31, 2002; and
further set this for public hearing on 1/6/03 at a Whereas, representatives of the City of
meeting to commence at 6:30 P.M. in the Public Dubuque and of Mediacom have entered into
Library Auditorium and direct the City Clerk to good faith negotiation of terms and conditions
publish notice in the manner required by law. for the renewal of the franchise and the lease.
Seconded by Connors. Motion carried 7-0. NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
BOARDS/COMMISSIONS DUBUQUE, IOWA:
Section 1. The term of the cable services
Applicants are invited to address the Council franchise and the term of the lease are hereby
regarding their desire to serve on the following extended to March 31, 2002, with all the rights,
Commission: Human Rights Commission (Three privileges and responsibilities appertaining
3-year terms to expire 1/1/06) Applicants: thereunto; and
Cynthia Cechota, Penny Ehlinger, Joseph A. Section 2. The City Manager is hereby
Hopkins, Marty O’Shea, Charles F. Ryan, authorized to sign and administer the extension
Vincent J. Vanden Heuvel, and Kimberly Walsh agreement on behalf of the City of Dubuque.
Penny Ehlinger, Kimberly Walsh, Cynthia Passed, approved and adopted this 16th day
Cechota, Charles Ryan, and Marty O’Shea of December, 2002.
spoke requesting consideration for appointment. Terrance M. Duggan, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk
PUBLIC HEARINGS Published officially in the Telegraph Herald
th
newspaper this 20 day of December, 2002.
Karen M. Chesterman, Deputy City Clerk
Regular Session, December 16, 2002 501
1t 12/20 further consideration and action at the adjourned
Buol moved that the requirement that a meeting.
proposed Ordinance be considered and voted ____ Abandoned.
th
on for passage at two Council Meetings prior to Passed, approved and adopted this 16 day of
the meeting at which it is to be finally passed be December, 2002.
suspended and further moved final Terrance M. Duggan, Mayor
consideration and passage of the Ordinance. Attest: Karen M. Chesterman, Deputy City Clerk
Seconded by Nicholson. Motion carried 7-0. Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Embassy West Drive Sidewalk: Proof of
RESOLUTION NO. 652-02
publication on notice of hearing on amended
RESOLUTION ADOPTING
plans and specifications to consider the
PLANS AND SPECIFICATIONS
Embassy West Drive sidewalk installation as
part of the amended 2000 Sidewalk Installation Whereas, on the 11th day of December, 2002,
Program and City Manager requesting direction, plans, specifications, form of contract and
presented and read. Buol moved that the estimated cost were filed with the City Clerk of
communication be received and filed. Seconded Dubuque, Iowa for the Amended 2000 Sidewalk
by Connors. Motion carried 7-0. Installation Program; and
John Herrig, 13668 Surrey Lane, Dubuque, Whereas, the sidewalk abutting the property
Iowa, spoke agreeing to install permanent legally described as Hamel Place & 367 Cedar
sidewalks two years from this date and within Cross has already been constructed by the
sixty days will provide a walkway of crushed abutting property owner; and
rock with a lime surface on the area in question. Whereas, the City Council has determined that
Buol moved that within sixty days a walkway of the property legally described as Embassy West
crushed rock with a lime surface be installed and Subdivision Bal Lot 1-1-A be deleted from the
that a two year extension from this date be given project;
for permanent installation of a sidewalk. Whereas, notice of hearing on plans,
Seconded by Connors. Motion carried 7-0. specifications, form of contract, and estimated
cost was published as required by law.
RESOLUTION NO. 651-02
NOW THEREFORE, BE IT RESOLVED BY
RESOLUTION WITH RESPECT TO THE
THE CITY COUNCIL OF THE CITY OF
ADOPTION OF THE AMENDED 2000
DUBUQUE, IOWA:
SIDEWALK INSTALLATION PROGRAM
Section 1. That the properties legally
Whereas, the City Council has proposed a described as Embassy West Subdivision Bal Lot
Resolution of Necessity for the amended 2000 1-1-A and Hamel Place & 367 Cedar Cross be
Sidewalk Installation Program and has given deleted from the Amended 2000 Sidewalk
notice of the public hearing thereon as required Installation Program.
by law; and Section 2. That the said plans, specifications,
Whereas, the public hearing has been held, all form of contract and estimated cost are hereby
persons offering objections have been heard approved as the plans, specifications, form of
and consideration given to all objections and is contract and estimated cost for said
pending before this Council; and improvements for said project.
th
Whereas, this is the time and place set as Passed, adopted and approved this 16 day of
provided for the taking of action on the proposed December, 2002.
Resolution of Necessity. Terrance M. Duggan, Mayor
NOW THEREFORE, BE IT RESOLVED BY Attest: Karen M. Chesterman, Deputy City Clerk
THE CITY COUNCIL OF THE CITY OF Buol moved adoption of the Resolution.
DUBUQUE, IOWA: Seconded by Connors. Motion carried 7-0.
That the proposed Resolution of Necessity
described above is hereby: City Hall Annex Roof Replacement Project:
_X__ Adopted without amendment, and all Proof of publication on notice of hearing on
objections filed or made having been duly plans and specifications and notice to bidders on
considered are overruled. the receipt of bids, and City Manager
____ Adopted as amended by the Schedule of recommending awarding of the contract for the
Assessments attached hereto as Exhibit A, and City Hall Annex Roof Replacement Project to
made a part hereof by reference. All objections Giese Sheet Metal of Dubuque, Iowa in the
filed or made having been duly considered are contract amount of $29,500, presented and
overruled. read. Markham moved that the proof and
____ Deferred for later consideration to a City communication be received and filed. Seconded
Council meeting to be held on the ___ day of by Connors. Motion carried 7-0.
______, 2002, next at 6:30 P.M. in the Public
Library Auditorium, which jurisdiction retained for
502 Regular Session, December 16, 2002
RESOLUTION NO. 653-02
Garfield Avenue and Stafford Street Rezoning
RESOLUTION ADOPTING
Request: Proof of publication on notice of
PLANS AND SPECIFICATIONS
hearing to consider rezoning property located at
th
Whereas, on the 13 day of November, 2002, the corner of Garfield Avenue and Stafford
plans, specifications, form of contract and Street from R-2A Alternate Two-Family
estimated cost were filed with the City Clerk of Residential District to R-3 Moderate Density at
Dubuque, Iowa for the City Hall Annex Roof and the request of Jay Winger / Winger Construction
Gutter Replacement Project. and Zoning Advisory Commission
Whereas, notice of hearing on plans, recommending denial and an Ordinance
specifications, form of contract, and estimated Amending Appendix A (the Zoning Ordinance) of
cost was published as required by law. the City of Dubuque by reclassifying property at
NOW THEREFORE, BE IT RESOLVED BY the corner of Garfield Avenue and Stafford
THE CITY COUNCIL OF THE CITY OF Street from R-2A Alternate Two Family
DUBUQUE, IOWA: Residential District to R-3 Moderate Density
That the said plans, specifications, form of Multi-Residential District, presented and read.
contract and estimated cost are hereby Lyle Daughetee, 715 Garfield and John
approved as the plans, specifications, form of McCann, 722 Rhomberg, spoke objecting to the
contract and estimated cost for said proposed rezoning.
improvements for said project. Markham moved to deny the request for
th
Passed, approved and adopted this 16 day of rezoning. Seconded by Connors. Motion carried
December, 2002. 7-0.
Terrance M. Duggan, Mayor
Attest: Karen M. Chesterman, Deputy City Clerk 3001 North Cascade Road Rezoning Request:
Markham moved adoption of the Resolution. Proof of publication of notice of hearing to
Seconded by Connors. Motion carried 7-0. consider rezoning property located at 3001
North Cascade Road from R-1 Single Family
RESOLUTION NO. 654-02
Residential District to C2 Neighborhood
AWARDING CONTRACT
Shopping Center District at the request of Jerry
Whereas, sealed proposals have been and Lisa Graff / John and Carole Heiderscheit
submitted by contractors for the City Hall Annex and Zoning Advisory Commission
Roof and Gutter Replacement Project pursuant recommending approval, communication of Tom
to Resolution No. 617-02 and notice to bidders and Jean McDermott objecting to proposed
published in a newspaper published in the City rezoning, and petition with 11 signatures
of Dubuque, Iowa on the 22nd day of November, objecting to proposed rezoning, and a
2002. communication from Stan K. and Lou Ann Ward
Whereas, said sealed proposals were opened of Tri-State Golf withdrawing their names from
and read on the 10thday of December, 2002, the petition, presented and read. Markham
and it has been determined that the bid of Giese moved that the proof and communications be
Sheet Metal in the amount of $29,500 was the received and filed. Seconded by Michalski.
lowest bid for the furnishing of all materials and Motion carried 7-0.
performing the work as provided for in the plans Jerry and Lisa Graff, as applicants, spoke
and specifications. detailing their request for rezoning of the 150
NOW THEREFORE, BE IT RESOLVED BY feet of property.
THE CITY COUNCIL OF THE CITY OF Tim Duggan, 1057 Bonnie Ct., spoke objecting
DUBUQUE, IOWA: to the proposed rezoning.
That the contract for the above improvement Carole Heiderscheit, as applicant, spoke also
be awarded to Giese Sheet Metal, and the City to the proposed rezoning.
Manager be and is hereby directed to execute a Council recessed the public hearing until
contract on behalf of the City of Dubuque for the Exhibit B was prepared and signed by all of the
complete performance of the work. applicants which would limit the rezoning to
BE IT FURTHER RESOLVED: Business Services only.
That upon the signing of said contract and the Council reconvened the Public Hearing.
approval of the contractor’s bond, the City
Treasurer is authorized and instructed to return An Ordinance amending Appendix A (the
the bid deposits of the unsuccessful bidders. Zoning Ordinance) of the City of Dubuque Code
Passed, approved and adopted this 16th day of Ordinances by reclassifying property north of
of December, 2002. 3001 North Cascade Road from R-1 Single
Terrance M. Duggan, Mayor Family Residential District to C2 Neighborhood
Attest: Karen M. Chesterman, Deputy City Clerk Shopping District, as amended, presented and
Markham moved adoption of the Resolution. read.
Seconded by Connors. Motion carried 7-0.
Regular Session, December 16, 2002 503
OFFICIAL PUBLICATION
on for passage at two Council Meetings prior to
ORDINANCE NO. 100-02
the meeting at which it is to be finally passed be
AN ORDINANCE AMENDING APPENDIX A
suspended and further moved final
(THE ZONING ORDINANCE) OF THE CITY OF
consideration and passage of the Ordinance, as
DUBUQUE CODE OF ORDINANCES BY
amended. Seconded by Michalski. Motion
RECLASSIFYING HEREINAFTER DESCRIB-
carried 7-0.
ED PROPERTY LOCATED NORTH OF 3001
NORTH CASCADE ROAD FROM R-1
Michalski moved that the rules be reinstated
SINGLE FAMILY RESIDENTIAL ZONING
limiting discussion to the Council. Seconded by
DISTRICT TO C-2 NEIGHBORHOOD
Cline. Motion carried 7-0.
COMMERICAL SHOPPING CENTER
DISTRICT, WITH CONDITIONS.
ACTION ITEMS
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF SW Arterial Building Permit Moratorium
DUBUQUE, IOWA: Request: City Manager recommending approval
Section 1. That Appendix A (The Zoning of a request to allow Kim Sanford of 103
Ordinance) of the City of Dubuque Code of Cousins Road to build a garage in the
Ordinances is hereby amended by reclassifying Southwest Arterial Moratorium area, presented
the hereinafter described property as shown in and read. Buol moved that the communication
Exhibit A, and to the centerline of the adjoining be received and filed and approved
public right-of-way, all in the City of Dubuque, recommendation. Seconded by Michalski.
Iowa from R-1 Single Family Residential Zoning Motion carried 7-0.
District to C-2 Neighborhood Commercial
Shopping Center District, with the conditions Ed Tschiggfrie Requesting Tower Hills Drive
described in Exhibit B attached hereto; and as a Public Street: Attorney Gary Norby, on
Section 2. The foregoing amendment has behalf of Ed Tschiggfrie – T-Corp., requesting
heretofore been reviewed by the Zoning that the City utilize Eminent Domain proceedings
Advisory Commission of the City of Dubuque, to acquire Tower Hills Drive as a public street,
Iowa. presented and read. Cline moved that the
Section 3. This Ordinance shall take effect communication be received and filed and
immediately upon publication, as provided by referred to the City Manager. Seconded by
law. Nicholson. Motion carried 7-0.
th
Passed, approved and adopted this 16 day of
December, 2002. Naming River’s Edge Plaza as “American’s
Terrance M. Duggan, Mayor Trust River’s Edge Plaza:” City Manager
Attest: Karen M. Chesterman, Deputy City Clerk recommending approval of a request that the
EXHIBIT B River’s Edge Plaza be named the “American
Pursuant to Iowa Code Section 414.5 (2001), Trust River’s Edge Plaza” as the American Trust
and as an express condition of the and Savings Bank has committed to donate
reclassification, the undersigned property $250,000 toward the America’s River Project,
owners and rezoning applicants agree to the presented and read. Cline moved that the
following conditions, all of which the property communication be received and filed and
owners and applicants further agree are approved recommendation. Seconded by
reasonable and imposed to satisfy the public Michalski. Motion carried 7-0.
needs that are caused directly by the zoning
reclassification: Kane Street Parking Amendment: City
1. Principal permitted uses shall be limited to Manager recommending adoption of an
business services. Ordinance prohibiting parking on the south side
2. The ordinance shall be binding upon the of Kane Street within 140 feet east and west of
undersigned and their heirs, successors, and Katrina Circle, presented and read. Buol moved
assigns. that the communication be received and filed.
th
Dated this 16 day of December, 2002. Seconded by Nicholson. Motion carried 7-0.
/s/ John Heiderscheit
/s/ Carole Heiderscheit An Ordinance Amending Section 32-262(d) of
/s/ Jerry Graff the Code of Ordinances of the City of Dubuque,
/s/ Lisa Graff Iowa, prohibiting parking on designated streets
Published officially in the Telegraph Herald or portions thereof by adding a portion of the
rd
newspaper this 23 day of December, 2002. south side of Kane Street, either side of Katrina
Karen M. Chesterman, Deputy City Clerk Circle, presented and read.
1t 12/23 ‘
Markham moved that the requirement that a
proposed Ordinance be considered and voted
504 Regular Session, December 16, 2002
OFFICIAL PUBLICATION
be received and filed. Seconded by Connors.
ORDINANCE NO. 101-02
Motion carried 7-0.
AN ORDINANCE AMENDING SECTION 32-
262(d) OF THE CODE OF ORDINANCES OF RESOLUTION NO. 655-02
THE CITY OF DUBUQUE, IOWA, RESOLUTION AUTHORIZING THE CITY
PROHIBITING PARKING ON DESIGNATED COUNCIL TO ENDORSE AN APPLICATION
STREETS OR PORTIONS THEREOF ADDING FROM AREA RESIDENTIAL CARE/KENNEDY
A PORTION OF THE SOUTH SIDE OF KANE POINT PARTNERSHIP FOR FEDERAL
STREET, EITHER SIDE OF KATRINA CIRCLE ASSISTANCE FOR DEVELOPMENT OF NEW
RENTAL HOUSING ON KENNEDY CIRCLE
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF Whereas, the federal government, through
DUBUQUE, IOWA: Section 42 of the Internal Revenue Code, offer
Section 1. That the Code of Ordinances of the incentives for construction of affordable rental
City of Dubuque, Iowa, is amended by deleting housing which is made available to low- and
from Subsection (d) of Section 32-262 the moderate-income households; and
following: Whereas, Area Residential Care and Burns
Kane Street, north side, from Ken Court to and Burns Architects, dba Kennedy Point
Carter Road Partnership, has submitted an application for
Section 2. That the Code of Ordinances of the affordable housing tax credits in connection with
City of Dubuque, Iowa, is amended by adding to a proposed project to construct a 16-unit
Subsection (d) of Section 32-262 the following: apartment facility for special needs persons in
Kane Street, north side, from Ken Court to the City of Dubuque; and
Carter Road; south side, from a point one Whereas, indication of City support for the
hundred forty feet (140’) east of Katrina Circle to requested federal assistance is favorable to the
a point one hundred forty feet (140’) west of Iowa Finance Authority’s consideration of the
Katrina Circle. application.
Passed, approved and adopted this 16th day NOW, THEREFORE, BE IT RESOLVED BY
of December, 2002. THE CITY COUNCIL OF DUBUQUE, IOWA:
Terrance M. Duggan, Mayor Section 1. The City of Dubuque endorses and
Attest: Karen M. Chesterman, Deputy City Clerk supports the application from Kennedy Point
Published officially in the Telegraph Herald Partnership for tax credits to the Iowa Finance
th
newspaper this 20 day of December, 2002. Authority, for the intended project located on
Karen M. Chesterman, Deputy City Clerk Kennedy Circle.
1t 12/20 Section 2. The City Manager is hereby
Buol moved that the requirement that a authorized and directed to forward this
proposed Ordinance be considered and voted resolution to the Finance Authority.
th
on for passage at two Council Meetings prior to Passed, approved and adopted this 16 day of
the meeting at which it is to be finally passed be December, 2002.
suspended and further moved final Terrance M Duggan, Mayor
consideration and passage of the Ordinance. Attest: Karen M. Chesterman, Deputy City Clerk
Seconded by Nicholson. Motion carried 7-0. Markham moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Bee Branch Creek Restoration Project: City
Manager recommending approval to issue a Wayfinding Signage Districts: Communication
request for proposals to do preliminary design of City Manager requesting Council approve the
and to conduct an alignment study for the Bee Wayfinding Signage System Map, rename the
th
Branch Creek Restoration Project from 24 Riverfront District to the Port of Dubuque District
th
Street to the 16 Street Detention Basin, and provide direction on the Grandview District
presented and read. Buol moved that the or College-Grandview District, presented and
communication be received and filed and read. After discussion Council agreed on the
approved recommendation. Seconded by name of the College-Grandview District.
Nicholson. Carried by the following vote: Buol moved that the communication be
Yeas—Buol, Cline, Connors, Markham, received and filed and approved the Wayfinding
Michalski, Nicholson. Nays—Duggan. Signage System Map, renamed the Riverfront
District to the Port of Dubuque District and
Housing Tax Credit Area Residential Care / directed that the Grandview District should be
:
Kennedy Point PartnershipCity Manager named the College-Grandview District.
recommending support of anapplication for Seconded by Nicholson. Motion carried 7-0.
equity financing assistance for the Kennedy
Point Limited Partnership project, presented and National Pollutant Discharge Emission
read. Markham moved that the communication Systems – NPDES: City Manager
recommending approval of the process to
Regular Session, December 16, 2002 505
assemble the City’s National Pollution submitted his final estimate showing the cost
Discharge Elimination Phase II Permit thereof including the cost of estimates, notices
Application to be submitted to the Iowa and inspection and all miscellaneous costs.
Department of Natural Resources, presented NOW THEREFORE, BE IT RESOLVED BY
and read. Michalski moved that the THE CITY COUNCIL OF THE CITY OF
communication be received and filed and DUBUQUE, IOWA:
approved the recommendation. Seconded by Section 1. That the cost of said improvement
Cline. Motion carried 7-0. is hereby determined to be $2,332,766.35 and
the said amount shall be paid from the DRA
Old Mill Road Property Acquisition: Distribution Fund, General Fund, and the TIF-
Communication of City Manager requesting Backed General Obligation Funds of the City of
authorization to purchase three flood damagedDubuque, Iowa.
properties on Old Mill Road (1620 Old Mill Rd., Section 2. That $524,942.99 of the cost
1695 Old Mill Rd., 1699 Old Mill Rd.), presented thereof shall be assessable upon private
and read. Cline moved that the communication property and $1,807,823.36 shall be paid from
be received and filed and approved the DRA Distribution Fund, General Fund, and
recommendation. Seconded by Nicholson. the TIF-Backed General Obligation Funds.
Motion carried 7-0. Passed, approved and adopted this 16th day
of December, 2002.
Main Street Project, Fifth to Ninth Streets, Terrance M. Duggan, Mayor
Acceptance: City Manager recommending Attest: Karen M. Chesterman, Deputy City Clerk
acceptance of the Main Street Project, Fifth to Michalski moved adoption of the Resolution.
Ninth Streets, in the final contract amount of Seconded by Buol. Motion carried 7-0.
$2,110,113.35, presented and read. Michalski
RESOLUTION NO. 658-02
moved that the communication be received and
A RESOLUTION ADOPTING THE FINAL
filed. Seconded by Buol. Motion carried 7-0.
ASSESSMENT SCHEDULE FOR THE MAIN
RESOLUTION NO. 656-02 STREET RECONSTRUCTION PROJECT –
ACCEPTING IMPROVEMENTFIFTH TO NINTH STREETS INCLUDING
CERTAIN INFORMATION REQUIRED BY THE
Whereas, the contract for the Main Street
CODE OF IOWA, SPECIFICALLY, THE
Reconstruction Project – Fifth to Ninth Streets
NUMBER OF ANNUAL INSTALLMENTS INTO
has been completed and the City Manager has
WHICH ASSESSMENTS ARE DIVIDED, THE
examined the work and filed his certificate
INTEREST ON ALL UNPAID INSTALLMENTS,
stating that the same has been completed
THE TIME WHEN THE ASSESSMENTS ARE
according to the terms of the contract, plans and
PAYABLE AND DIRECTING THE CLERK TO
specifications and recommends its acceptance.
CERTIFY THE FINAL SCHEDULE AND TO
NOW THEREFORE, BE IT RESOLVED BY
PUBLISH NOTICE THEREOF
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED BY
Section 1. That the recommendation of the THE CITY COUNCIL OF THE CITY OF
City Manager be approved and that said DUBUQUE, IOWA:
improvement be and the same is hereby That after full consideration of the final
accepted. schedule of assessments and accompanying
BE IT FURTHER RESOLVED that the City plat showing the assessments proposed to be
Treasurer be and he is hereby directed to pay to made for the construction of the Main Street
the contractor from the DRA Distribution Fund, Reconstruction Project – Fifth to Ninth Streets
General Fund, and the TIF-Backed General under contract with Portzen Construction, Inc. of
Obligation Funds in amounts equal to the Dubuque, Iowa, which final plat and schedule
amount of his contract, less any retained were filed in the office of the City Clerk on the
th
percentage provided for therein. 20 day of December, 2002, the said schedule
Passed, approved and adopted this 16th day of assessments be and the same is hereby
of December, 2002. approved and adopted.
Terrance M. Duggan, Mayor That there be, and is hereby assessed and
Attest: Karen M. Chesterman, Deputy City Clerk levied as a special tax against and upon each of
Michalski moved adoption of the Resolution. the lots, the respective sums indicated.
Seconded by Buol. Motion carried 7-0. Provided, further, that the amounts shown in
said final schedule of assessments as
RESOLUTION NO. 657-02
deficiencies are found to be proper and levied
FINAL ESTIMATE
conditionally against the respective properties
Whereas, the contract for the Main Street benefited by the improvements as shown in the
Reconstruction Project – Fifth to Ninth Streets schedule, subject to the provisions of Section
has been completed and the City Engineer has 384.63 of the Code of Iowa. Said assessments
506 Regular Session, December 16, 2002
against said lots are hereby declared to be in Graham Brothers Partnership 10 24 469 001
proportion to the special benefits conferred and $23,688.83 $23,688.83
not in excess of twenty-five percent of the value Security Partners, L.P. 10 24 469 008
of same. $39,021,51 $39,021.51
That the City Clerk be and is hereby directed Banner Investments 10 25 204 002
to certify said schedule to the County Treasurer $32,750.47 $32,750.47
of Dubuque County, Iowa, and to publish notice First Judicial Dis. Dept. of Correct. Services
of said certification once each week for two 10 25 204 003 $12,411.42 $12,411.42
consecutive weeks in the manner provided in Hartig, Richard & Brenda 10 25 204 004
Section 362.3, the first publication of which shall $21,645.52 $21,645.52
be not more than fifteen days from the date of Steele, Michael D. 10 24 470 001
filing of the final schedule. On or before the date $ 9,406.55 $ 9,406.55
of the second publication of the notice, the City Steele, Michael D. 10 24 470 002
Clerk shall also mail a copy of said notice to $ 5,487.15 $ 5,487.15
property owners whose property is subject to Steele, Michael D. 10 25 205 001
assessment, as provided and directed in Section $10,451.72 $10,451.72
384.60 of the Code of Iowa. Plastic Center 10 25 205 002
That assessments may be paid in full or in part $ 6,009.74 $ 6,009.74
without interest at the office of the County Dubuque TV Limited Partnership 10 25 205 003
Treasurer, at any time within 30 days after the $ 9,145.26 $ 9,145.26
date of the first publication of this notice of the Stuer, John F. 10 25 205 004
filing of the final schedule of assessments with $ 9,798.49 $ 9,798.49
the County Treasurer. After 30 days unpaid NICC 10 25 205 005
assessments of $50.00 or more are payable in $ 19,696.27 $19,696.27
10 annual installments and will draw annual United Way Services 10 25 209 004
interest at nine percent (commencing on the $52,864.81 $52,864.81
date of acceptance of the work) computed to the Manchester Ctr Asso. c/o Levit Properties /
December 1 next following the due dates of the K Everly 10 25 210 001
respective installments as provided in Section $74,442.39 $74,442.39
384.65 of the Code of Iowa. Each installment City of Dubuque 10 25 210 002
will be delinquent from October 1 following its $ 5,748.45 $ 5,748.45
due date on July 1 of each year. Property City of Dubuque 10 25 212 003
owners may elect to pay any annual installments $62,770.43 $62,770.43
semiannually in advance. Minglewood Ltd Partnership 10 25 231 002
Passed, approved and adopted this 16th day $62,752.14 $62,752.14
of December, 2002. TOTAL $524,942.99 $524.942.99
Terrance M. Duggan, Mayor Michalski moved adoption of the Resolution.
Attest: Karen M. Chesterman, Deputy City Clerk Seconded by Buol. Motion carried 7-0.
th th
MAIN STREET (9TO 5ST.)
SCHEDULE OF VALUATION AND PROPOSED Brick Pavers Request: City Manager
ASSESSMENTS recommending approval of arequest by Park
The following schedule is hereby determined Ranger Wayne Buchholz of the Iowa
to show each lot proposed to be assessed for Department of Natural Resources to obtain brick
the improvement show in the title together with pavers salvaged by the City and use them at the
the amount proposed to be assessed against E.B. Lyons Center and RipRow Valley,
each lot and the valuations shown opposite each presented and read. Cline moved that the
lot are hereby fixed as the true valuations of communication be received and filed and
such lots by the City Council of the City of approved recommendation. Seconded by
Dubuque. Nicholson. Motion carried 7-0.
OWNER PARCEL NO.
NET PAVING ASSESSMENTS Naming the Port of Dubuque: City Manager
TOTAL NET ASSESSMENTS requesting approval of the renaming of the area
American Trust & Savings Bank 10 24 468 005currently referred to as the “Fourth Street
$13,937.37 $13,937.37 Peninsula” to the “Port of Dubuque,” presented
AmTrust Inc. 10 24 468 006and read. Buol moved that the communication
$12,803.36 $12,803.36 be received and filed. Seconded by Nicholson.
American Trust & Savings Bank 10 24 468 901Motion carried 7-0.
$13,370.37 $13,370.37
RESOLUTION NO. 659-02
Town Clock Building Co. c/o John Butler
DESIGNATING AN AREA OF THE CITY OF
10 24 468 007 $13,370.37 $13,370.37
DUBUQUE TO BE KNOWN AS “THE PORT
Security Partners, L.P. 10 24 468 008
OF DUBUQUE”
$13,370.37 $13,370.37
Regular Session, December 16, 2002 507
Whereas, the Master Site Planning Committee
has recommended that a certain area of the City Approved:__________________________2003
of Dubuque be designated as the “Port of
Dubuque;” and Adopted:___________________________2003
Whereas, the City Council finds that it is in the
best interests of the City to do so.
NOW, THEREFORE, BE IT RESOLVED BY ______________________________________
THE CITY COUNCIL OF THE CITY OF Mayor
DUBUQUE, IOWA, AS FOLLOWS:
The area of the City of Dubuque shown on ______________________________________
Exhibit A, attached hereto, is hereby officially
designated as the Port of Dubuque, with the ______________________________________
area south of the Ice Harbor to known as “South
Port” and the area north of the Ice Harbor to be ______________________________________
known as “North Port.”
th
Passed, approved and adopted this 16 day of ______________________________________
December, 2002.
Terrance M. Duggan, Mayor ______________________________________
Attest: Karen M. Chesterman, Deputy City Clerk
Buol moved adoption of the Resolution. ______________________________________
Seconded by Nicholson. Motion carried 7-0. Council Members
Holiday Refuse Collection Allowance: City Attest:
Manager recommending that the City offer one
free refuse container sticker to assist citizens ______________________________________
with holiday refuse, presented and read. City Clerk
Michalski moved that the communication be
received and filed and approved
recommendation. Seconded by Connors.
Motion carried 7-0.
COUNCIL MEMBER REPORTS
Connors commended several students that
were in attendance. Michalski stated that the
recent National League of Cities meeting was of
superior quality with sessions on dynamic issues
facing Dubuque and she appreciated the
opportunity to attend. Nicholson stated that the
incoming President of the National League of
Cities requested a letter be sent to the President
of the United States requesting Homeland
Security funding be passed down to First
Responders (Police and Fire).
PUBLIC INPUT
Ray Taylor, 17464 Gondola Drive, spoke
objecting to the proposed fee for the Stormwater
Utility, stating there are problems with sanitary
sewers and that check valves should be utilized.
There being no further business, Buol moved
to adjourn. Seconded by Michalski. Motion
carried 7-0. The meeting adjourned at 8:49 P.M.
/s/ Karen M. Chesterman
Deputy City Clerk
1t 12/26