2002 July Council Proceedings Regular Session, July 1, 2002 277
property damage; Daniel K. Kelly in estimated
DUBUQUE
amount of $14.21 for property damage; Louis S.
Roepsch in undetermined amount for personal
CITY COUNCIL
injury, presented and read. Buol moved that
OFFICIAL
the claims and suits be referred to the Legal
PROCEEDINGS
Staff for investigation and report. Seconded by
Cline. Motion carried 7-0.
City Council, Regular Session, July 1, 2002
Council met in Regular Session at 6:30 P.M. in
Corporation Counsel advising that the
the Library Auditorium
following claims have been referred to Public
Present: Mayor Duggan, Council Members
Entity Risk Services of Iowa, the agent for the
Buol, Cline, Connors, Markham, Michalski,
Iowa Communities Assurance Pool: Joshua
Nicholson, City Manager Michael Van Milligen,
Christenson for personal injury; Dempsey’s &
Corporation Counsel Barry Lindahl.
Molly’s Pub & Grub for property damage; Roger
E. Ebertz for personal injury; Marla Feddersen
Mayor Duggan read the call and stated this is
for property damage; Neil T. Nelson for personal
the Regular Session of the City Council called
injury; Louis S. Roepsch for personal injury,
for the purpose of acting upon such business
presented and read. Buol moved that the
which may properly come before the City
communications be received and filed and
Council.
concurred. Seconded by Cline. Motion carried
7-0.
Invocation was given by Reverend John
Hulsizer, Pastor, Church of the Nazarene.
Corporation Counsel recommending denial of
the claim of Robert Clement for vehicle damage,
Proclamation: American Character Week
presented and read. Buol moved that the
(September 6 – 14, 2002)
communication be received and filed and
concurred. Seconded by Cline. Motion carried
CONSENT ITEMS
7-0.
Minutes Submitted: Airport Commission of
Citizen Communications:
5/28; City Council of 6/12 and 6/17; Community
Communication of Albert Giegerich regarding
Development Advisory Commission of 6/5;
Mediacom, presented and read. Buol moved
Downtown Planning Committee of the Long
that the communication be received and filed
Range Planning Advisory Commission of 6/10;
and referred to the City Manager. Seconded by
Five Flags Commission of 5/20; Long Range
Cline. Motion carried 7-0.
Planning Advisory Commission of 6/19; Park
and Recreation Commission of 5/14; Zoning
Communication of Mark J. Sullivan requesting
Advisory Commission of 6/5, presented and
that consideration be given to placing yield signs
read. Buol moved that the minutes be received
or stop signs on Camelot Drive at its intersection
and filed. Seconded by Cline. Motion carried 7-
with Embassy West Drive, presented and read.
0.
Buol moved that the communication be received
and filed and referred to the City Manager.
Proof of publication of City Council
Seconded by Cline. Motion carried 7-0.
proceedings of June 3, 2002, June 10 and June
12; proof of publication of list of claims and
Hillcrest Family Services Agreement: City
summary of revenues for the month ending May
Manager recommending approval of an
31, 2002, presented and read. Buol moved that
agreement with Hillcrest Family Services for the
the proofs be received and filed. Seconded by
use of Murphy Park for the annual holiday light
Cline. Motion carried 7-0.
display, presented and read. Buol moved that
the communication be received and filed and
Printed City Council proceedings for February,
approved recommendation. Seconded by Cline.
2002, presented and read. Buol moved that
Motion carried 7-0.
the proceedings be approved as printed.
Seconded by Cline. Motion carried 7-0.
Ice Rinks and Murphy Tennis Courts Lighting
Project: City Manager recommending
Notice of Claims/Suits: Joshua Christenson in
acceptance of the Ice Rinks and Murphy Park
estimated amount of $1,560 plus medical
Tennis Courts Light Project in the final contract
expenses for personal injury; Dempsey’s and
amount of $108,277.07, presented and read.
Molly’s Pub and Grub in undetermined amount
Buol moved that the communication be received
for property damage; Roger P. Ebertz in
and filed. Seconded by Cline. Motion carried 7-
undetermined amount for personal injury; Marla
0.
Fedderson in estimated amount of $881.76 for
278 Regular Session, July 1, 2002
RESOLUTION NO. 328-02
Chicago Central and Pacific Railroad
ACCEPTING IMPROVEMENT
Company – Subordination Agreement: City
WHEREAS, the contract for the ICE RINKS Manager recommending approval of a
AND MURPHY TENNIS COURTS LIGHTING Subordination Agreement with the Chicago
PROJECT has been completed and the City Central and Pacific Railroad Company for the
Manager has examined the work and filed his construction of a 24-foot wide roadway and an
certificate stating that the same has been 8-foot wide sidewalk along the westerly side of
completed according to the terms of the the Ice Harbor, presented and read. Buol moved
contract, plans and specifications and that the communication be received and filed.
recommends its acceptance. Seconded by Cline. Motion carried 7-0.
NOW, THEREFORE, BE IT RESOLVED, BY
RESOLUTION NO. 330-02
THE CITY COUNCIL OF THE CITY OF
RESOLUTION APPROVING SUBORDINATION
DUBUQUE, IOWA:
AGREEMENT BETWEEN THE CITY OF
1. That the recommendation of the City
DUBUQUE AND CHICAGO CENTRAL &
Manager be approved and that said
PACIFIC RAILROAD COMPANY FOR THE
improvement be and the same is hereby
PURPOSE OF CONSTRUCTION, OPER-
accepted.
ATION, AND MAINTENANCE OF A
BE IT FURTHER RESOLVED that the City
ROADWAY ALONG THE WESTERLY SIDE OF
Treasurer be and he is hereby directed to pay to
THE ICE HARBOR
the contractor from the General Fund in amount
equal to the amount of his contract, less any Whereas, the City and the Chicago Central &
retained percentage provided for therein. Pacific Railroad Company propose to enter into
Passed, approved and adopted this 1st day of a subordination agreement for the construction
July, 2002. of a roadway on a portion of property that is
Terrance M. Duggan, Mayor under the control of the railroad company; and
Attest: Jeanne F. Schneider, City Clerk Whereas, the Chicago Central & Pacific
Buol moved adoption of the Resolution. Railroad Company has proposed a
Seconded by Cline. Motion carried 7-0. Subordination Agreement dated May 31, 2002
outlining the terms and conditions under which
RESOLUTION NO. 329-02
the approval for the City to construct the
FINAL ESTIMATE
roadway is being granted.
WHEREAS, the contract for the ICE RINKS NOW THEREFORE, BE IT RESOLVED BY
AND MURPHY TENNIS COURTS LIGHTING THE CITY COUNCIL OF THE CITY OF
PROJECT has been completed and the DUBUQUE, IOWA:
Engineer has submitted his final estimate Section 1. That the Subordination Agreement
showing the cost thereof including the cost of between the City of Dubuque and the Chicago
estimates, notices and inspection and all Central & Pacific Railroad Company dated May
miscellaneous costs; 31, 2002, be and is hereby approved.
NOW, THEREFORE, BE IT RESOLVED, BY Section 2. That the Mayor be authorized and
THE CITY COUNCIL OF THE CITY OF directed to execute two copies of the agreement.
DUBUQUE, IOWA: Section 3. That a certified copy of the
Section 1. That the cost of said improvement resolution be submitted to the Chicago Central &
is hereby determined to be $108,277.07, and the Pacific Railroad Company by the City Clerk of
said amount shall be paid from the General the City of Dubuque.
st
Fund of the City of Dubuque, Iowa. Passed, adopted and approved this 1 day of
Passed, approved and adopted this 1st day of July, 2002.
July, 2002. Terrance M. Duggan, Mayor
Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk
Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution.
Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0.
Seconded by Cline. Motion carried 7-0.
Harvest Business Center Final Plat –
Surface Transportation Board: Com-Dedication of Lot B: City Manager
munication from the Surface Transportation recommending acceptance of the dedication of
Board regarding the proposal by Iowa, Chicago Lot B of Harvest Business Center as a public
and Eastern Railroad Corporation to acquire and street, presented and read. Buol moved that the
operate all the rail lines of I & M Rail Link, LLC, communication be received and filed. Seconded
presented and read. Buol moved that the by Cline. Motion carried 7-0.
communication be received and filed. Seconded
RESOLUTION NO. 331-02
by Cline. Motion carried 7-0.
RESOLUTION ACCEPTING THE DEDICATION
OF LOT B OF HARVEST BUSINESS CENTER,
Regular Session, July 1, 2002 279
BEING A PART OF MEINEN COURT, TO THE
on December 17, 2001, and said proposal has
CITY OF DUBUQUE
been selected for funding by EPA.
Whereas, the City Council of the City of NOW THEREFORE BE IT RESOLVED BY
Dubuque approved the Final Plat of Harvest THE CITY COUNCIL OF DUBUQUE, IOWA:
Business Center by Resolution No. 259-02 The formal application, attached hereto, for
submitted by Harvest Development Group, the Brownfields Assessment Demonstration
L.L.C. agreed to dedicate Lot B (Meinen Court) Pilot program is hereby approved and the
of Harvest Business Center in the City of Mayor is hereby directed and authorized to
Dubuque, Iowa as shown on Final Plat thereof; execute the appropriate pages of the
and application.
st
Whereas, the Harvest Development Group, Passed, approved, and adopted this 1 day
L.L.C. has dedicated said Lot B to the City of of July 2002.
Dubuque for street and utility purposes. Terrance M. Duggan, Mayor
NOW THEREFORE, BE IT RESOLVED BY Attest: Jeanne F. Schneider, City Clerk
THE CITY COUNCIL OF THE CITY OF Buol moved adoption of the Resolution.
DUBUQUE, IOWA: Seconded by Cline. Motion carried 7-0.
Section 1. The City Council of the City of
Dubuque, Iowa hereby approves of, accepts and State Historical Society of Iowa:
consents to the dedication of Meinen Court Lot Communication from the State Historical Society
B of Harvest Business Center as recorded on of Iowa advising that the Grand Opera House
Instrument No. 10055-02 from Harvest has been accepted for nomination to the
Development Group, L.L.C. National Register of Historic Places, presented
Section 2. The Mayor is hereby authorized and and read. Buol moved that the communication
directed to execute and acknowledge on behalf be received and filed. Seconded by Cline.
of the City of Dubuque any instruments in Motion carried 7-0.
connection herewith.
Passed, approved and adopted this 1st day of Iowa Department of Natural Resources:
July 2002. Communication from the Iowa Department of
Terrance M. Duggan, Mayor Natural Resources submitting the inspection
Attest: Jeanne F. Schneider, City Clerk report for the City’s wastewater treatment plant,
Buol moved adoption of the Resolution. presented and read. Michalski moved that the
Seconded by Cline. Motion carried 7-0. communication be received and filed and
referred to the City Manager. Seconded by
Formal Application for EPA Brownfield Grant: Nicholson. Motion carried 7-0.
City Manager recommending approval of the
submission of the formal application for an U.S. Department of Housing and Urban
Environmental Protection Agency Brownfield Development: City Manager recommending
Grant for environmental assessments in the Port approval of the Community Development Block
of Dubuque, presented and read. Buol moved Grant (CDBG) Agreement with the U.S.
that the communication be received and filed. Department of Housing and Urban Development
Seconded by Cline. Motion carried 7-0. in the amount of $1,487,000 for the program
year beginning July 1, 2002, presented and
RESOLUTION NO. 332-02
read. Buol moved that the communication be
RESOLUTION AUTHORIZING THE FILING OF
received and filed. Seconded by Cline. Motion
A FORMAL APPLICATION FOR THE
carried 7-0.
BROWNFIELDS ASSESSMENT DEMON-
STRATION PILOT PROGRAM FOR RESOLUTION NO. 332-02
ENVIRONMENTAL ASSESSMENTS IN THE RESOLUTION AUTHORIZING EXECUTION OF
PORT OF DUBUQUE. A COMMUNITY DEVELOPMENT BLOCK
GRANT AGREEMENT WITH THE U.S.
Whereas, the City of Dubuque is in the
DEPARTMENT OF HOUSING AND URBAN
process of redeveloping the Port of Dubuque;
DEVELOPMENT.
and
Whereas, certain properties in the Port of Whereas, under provisions of Title I of Housing
Dubuque may be in need of environmental and Community Development Act of 1974, as
assessment, and cleanup to promote their amended, the City of Dubuque prepared and
sustainable reuse; and submitted an Annual Action Plan for a
Whereas, the Environmental Protection Community Development Block Grant; and
Agency (EPA) provides grants for environmental Whereas, the submission has been approved
assessments under their Brownfields by the U.S. Department of Housing and Urban
Assessment Demonstration Pilot program; and Development in the amount of $1,487,000 for a
Whereas, a proposal for a $200,000 grant twelve month program year commencing July 1,
program has been approved by the City Council 2002 and ending June 30, 2003; and
280 Regular Session, July 1, 2002
Whereas, a grant agreement covering the Section 1. That the Mayor hereby is
activities proposed to be carried out with the authorized to sign the grant agreement with the
Community Development Block Grant funds has U. S. Department of Housing and Urban
been transmitted to the City of Dubuque by the Development and the sub-grantee contract with
U. S. Department of Housing and Urban the Dubuque County Historical Society for the
Development. EDI Special Project grant for work associated
NOW, THEREFORE, BE IT RESOLVED BY with the development of the America’s River
THE CITY COUNCIL OF THE CITY OF Museum.
DUBUQUE, IOWA: Section 2. That the Mayor is hereby
Section 1. That the Funding authorized to submit said grant agreement to the
Approval/Agreement, authorized by the U.S. U. S. Department of Housing and Urban
Department of Housing and Urban Development Development together with such documents as
on July 1, 2002 for a Community Development may be required.
Block Grant to the City of Dubuque in the Passed, approved and adopted this 1st day of
amount of $1,487,000 and identified as Grant July, 2002.
Number B-02-MC-19-0004 is hereby accepted. Terrance M. Duggan, Mayor
Section 2. That the Mayor of the City of Attest: Jeanne F. Schneider, City Clerk
Dubuque be and he is hereby authorized and Buol moved adoption of the Resolution.
directed to execute said Agreement on behalf of Seconded by Cline. Motion carried 7-0.
the City of Dubuque, Iowa.
Passed, approved and adopted this 1st day of Scholarship Grant for Historic Preservation
July, 2002. Commissioners and Staff: City Manager
Terrance M. Duggan, Mayor recommending approval of a scholarship grant
Attest: Jeanne F. Schneider, City Clerk agreement from the State Historical Society of
Buol moved adoption of the Resolution. Iowa to send two Historic Preservation
Seconded by Cline. Motion carried 7-0. Commissioners and two Planning Services staff
to the annual conference of the National Alliance
America’s River Museum – EDI Special of Preservation Commissions, presented and
Project Grant: City Manager recommending read. Buol moved that the communication be
approval of a $1,000,000 Economic received and filed and approved
Development Initiative (EDI) Special Project recommendation. Seconded by Cline. Motion
grant agreement with the U.S. Department of carried 7-0.
Housing and Urban Development and a
subgrantee contract with Dubuque County Business License Refund: Attitudes Pub and
Historical Society for the America’s River Grill requesting a refund on their beer and liquor
Museum, presented and read. Buol moved that combination license in the amount of $422.50,
the communication be received and filed. presented and read. Buol moved that the
Seconded by Cline. Motion carried 7-0. communication be received and filed and
approved request. Seconded by Cline. Motion
RESOLUTION NO. 334-02
carried 7-0.
A RESOLUTION PROVIDING FOR AN
ECONOMIC DEVELOPMENT INITIATIVE (EDI)
Business Licenses:
SPECIAL PROJECT GRANT AGREEMENT
WITH HUD AND SUBGRANTEE CONTRACT RESOLUTION NO. 335-02
WITH THE DUBUQUE COUNTY HISTORICAL
NOW, THEREFORE, BE IT RESOLVED BY
SOCIETY FOR THE AMERICA’S RIVER
THE CITY COUNCIL OF THE CITY OF
MUSEUM.
DUBUQUE, IOWA:
Whereas, the U.S. Department of Housing and That the following having complied with the
Urban Development (HUD) has allocated a provisions of law relating to the sale of
$1,000,000 Economic Development Initiative Cigarettes within the City of Dubuque, Iowa, be
(EDI) Special Project grant to the City of granted a permit to sell Cigarettes and Cigarette
Dubuque, on behalf of the Dubuque County Papers within said City.
Historical Society (DCHS), subgrantee, for work 9 RENEWALS
associated with the development of the Galaxies Inc Dennis Murray
America’s River Museum; and 3203 Jackson St
Whereas, the Dubuque County Historical Kwik Stop Rainbo Oil
Society will utilize the grant funds for the 4039 Pennsylvania
America’s River Museum project and will be the Kwik Stop Rainbo Oil
entity responsible for completing said project; 2320 Hwy 61
NOW THEREFORE, BE IT RESOLVED BY Kwik Stop Rainbo Oil
THE CITY COUNCIL OF THE CITY OF 2360 Central Ave
DUBUQUE, IOWA: Kwik Stop Rainbo Oil
Regular Session, July 1, 2002 281
2255 Kerper Blvd That the Manager be authorized to cause to be
Kwik Stop Rainbo Oil issued the following named applicants a Liquor
2297 University Ave License.
Kwik Stop Rainbo Oil CLASS “C” BEER/LIQUOR LICENSE
1685 JFK Rd Jumpers Sports Bar & Grill Jumpers Sports
Kwik Stop Rainbo Oil Bar & Grill+(Sunday Sale) 2600 Dodge St
1401 Central Ave Jumpers Sports Bar & Grill Jumpers Sports
One Flight Up One Flight Up Bar & Grill(1 day Outdoor Ser) 2600 Dodge St
44-48 Main St Ethel Schwartz Airport Inn+
th
Passed, approved and adopted this 1st day (Sunday Sale) 574 E. 16 St
of July, 2002. Peninsula Gaming Company Diamond Jo
rd
Terrance M. Duggan, Mayor Casino Portside+(Sunday Sale) 400 E. 3 St
Attest: Jeanne F. Schneider, City Clerk Apple Corps LP Applebee;s Neighborhood
Buol moved adoption of the Resolution. Grill+(Sunday Sale) 1395 Associates Dr
Seconded by Cline. Motion carried 7-0. Jeff Demmer Bodines+
(Sunday Sale) 1445 Central Ave
RESOLUTION NO. 336-02
Creslanes Bowling Creslanes
BEERBowling+(Sunday Sale) 255 S Main St
Whereas, applications for Beer Permits have Pamela Murphy Murphs South End Tap
been submitted and filed to this Council for 55 Locust St
approval and the same have been examined Craig Weiner Walnut Tap+
and approved: and (Sunday Sale) 709 University Ave
st
Whereas, the premises to be occupied by Passed, approved and adopted this 1 day of
such applicants were inspected and found to July, 2002.
comply with the Ordinances of the City and have Terrance M. Duggan, Mayor
filed proper bonds. Attest: Jeanne F. Schneider, City Clerk
NOW, THEREFORE, BE IT RESOLVED BY Buol moved adoption of the Resolution.
THE CITY COUNCIL OF THE CITY OF Seconded by Cline. Motion carried 7-0.
DUBUQUE, IOWA:
That the Manager be authorized to cause to be BOARDS/COMMISSIONS
issued the following named applicants a Beer
Permit. Applicants are invited to address the Council
CLASS “B” BEER (SPECIAL EVENT) PERMIT regarding their desire to serve on the following
Dubuque Jaycees Dubuque Jaycees+ Boards/Commissions:
(Outdoor Sale)- Tent A Washington Park HISTORIC PRESERVATION COMMISSION:
Dubuque Jaycees Dubuque Jaycees+ (Three 3-year terms to expire 7/1/05
(Outdoor Sale)- Tent B Washington Park representing Old Main District, Langworthy
Dubuque Jaycees Dubuque Jaycees+ District and Architect/At Large and one
(Outdoor Sale)- Tent C Washington Park unexpired 3-year term to expire 7/1/04
th
CLASS “C” BEER PERMIT representing West 11 District). Applicants:
K-Cap Foods, Inc Oky Doky # 14+ Terry Mozena (Langworthy District); Christopher
(Sunday Sale) 1050 University Ave J. Wand (Architect/At Large). Terry Mozena
Passed, approved and adopted this 1st day of submitted a letter requesting consideration for
July, 2002. reappointment.
Terrance M. Duggan, Mayor HOUSING COMMISSION: (Two unexpired
Attest: Jeanne F. Schneider, City Clerk terms expiring 8/17/02 and 8/17/03). Applicant:
Buol moved adoption of the Resolution. Danita L. Galdick. Ms. Galdick spoke
Seconded by Cline. Motion carried 7-0. requesting consideration for appointment.
TV CABLE REGULATORY COMMISSION:
RESOLUTION NO. 337-02
(Two 3-year terms of Tigges and Webster to
Whereas, applications for Liquor Licenses expire 6/30/05, one unexpired term to expire
have been submitted to this Council for approval 6/30/04). Applicants: Danita L. Galdick, Ronald
and the same have been examined and Tigges, Walter Webster. Ms. Galdick spoke
approved; and requesting consideration for appointment.
Whereas, the premises to be occupied by such TV CABLE TELEPROGRAMMING
applicants were inspected and found to comply COMMISSION: (Three 3-year terms of Allen,
with the State Laws and all City Ordinances Wanamaker, and Hoverman to expire 6/30/05,
relevant thereto and they have filed proper two unexpired 3-year terms to expire 6/30/03).
bonds. Applicant:Daniel B. Wilant. Mr. Wilant spoke
NOW, THEREFORE, BE IT RESOLVED BY requesting consideration for appointment
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
282 Regular Session, July 1, 2002
Appointments to the following Mechanic’s Addition on the north side of Napier
Boards/Commissions: Street, presented and read. Markham moved
that the communications be received and filed.
LONG RANGE PLANNING ADVISORY Seconded by Cline. Motion carried 7-0.
COMMISSION: (Two 3-years terms to expire
RESOLUTION NO. 338-02
7/1/05 – terms of Portzen and Rusk).
RESOLUTION DISPOSING OF CITY
Applicants: Michael E. Portzen, David Rusk.
INTEREST IN LOTS 138 AND 139 OF
Markham moved that Michael E. Portzen and
MECHANIC’S ADDITION, DUBUQUE, IOWA
David Rusk be reappointed to terms to expire
7/1/05. Seconded by Nicholson. Motion carried Whereas, pursuant to resolution and published
7-0. notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general
PARK AND RECREATION COMISSION: (Two circulation published in the City of Dubuque,
st
3-year terms to expire 6/30/05 – terms of Iowa on the 21 day of June, 2002, the City
Blocklinger and Schrobilgen). Applicants: Council of the City of Dubuque, Iowa met on the
st
Robert J. Blocker, Tom Blocklinger, Danita L. 1 day of July, 2002, at 6:30 p.m. in the Public
Galdick, Tom Schrobilgen. Vote on the Library Auditorium, 360 West 11 Street,
appointments was as follows: Buol voted for Dubuque, Dubuque County, Iowa to consider
Blocklinger and Schrobilgen. Cline voted for the proposal for the sale of real estate described
Blocklinger and Schrobilgen. Connors voted for as:
Blocklinger and Schrobilgen. Duggan voted for Lots 138 and 139 of Mechanic’s Addition in the
Blocklinger and Schrobilgen. Markham voted for City of Dubuque, Dubuque County, Iowa
Blocklinger and Schrobilgen. Michalski voted for Whereas, the City Council of the City of
Blocklinger and Schrobilgen. Nicholson voted Dubuque, Iowa overruled any and all objections,
for Blocklinger and Schrobilgen. Therefore, oral or written to the proposal to sell such real
Tom Blocklinger and Tom Schrobilgen estate, except for easement as noted.
reappointed to terms to expire 6/30/05. NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
ZONING ADVISORY COMMISSION: (Three DUBUQUE, IOWA:
3-year terms to expire 7/1/05 – terms of Christ, Section 1. That the sale of City of Dubuque
Schiltz, Smith). Applicants: Martha E. Christ, real property described as Lot 138 of Mechanic’s
Ferd Nesler, Richard J. Schiltz, Ron Smith. Addition in the City of Dubuque, Iowa to Robert
Vote on the appointments was as follows: Buol J. Cartmill be and the same is hereby approved
voted for Christ, Schiltz and Smith. Cline voted for the sum of $300.00, plus cost of publication
for Nesler, Schiltz and Smith. Connors voted for and filing fees. Conveyance shall be by Quit
Christ, Schiltz and Smith. Connors voted for Claim Deed.
Christ, Schiltz and Smith. Duggan voted for Section 2. That the sale of City of Dubuque
Christ, Schiltz and Smith. Markham voted for real property described as Lot 139 of Mechanic’s
Christ, Schiltz and Smith. Michalski voted for Addition in the City of Dubuque, Iowa to Glenn
Christ, Schiltz and Smith. Nicholson voted for E. and Georgia Bankson be and the same is
Christ, Schiltz and Smith. Therefore, Martha E. hereby approved for the sum of $300.00, plus
Christ, Richard J. Schiltz and Ron Smith cost of publication and filing fees. Conveyance
reappointed to terms to expire 7/1/05. shall be by Quit Claim Deed.
Section 3. The City of Dubuque reserves unto
ZONING BOARD OF ADJUSTMENT: (One 5-itself a perpetual easement including the right of
year term to expire 3/25/07 – term of Beeler) ingress and egress thereto, for the purpose of
Applicant: William J. Felderman. Michalski erecting, installing, constructing, reconstructing,
moved to appoint Wm. Felderman to a term repairing, owning, operating, and maintaining
which will expire 3/25/07. Seconded by storm and sanitary sewer as may be authorized
Nicholson. Motion carried 7-0. by the City of Dubuque, Iowa.
Section 4. That the Mayor be authorized and
PUBLIC HEARINGS directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
Michalski moved to suspend the rules to allow directed to deliver said deed of conveyance to
anyone present to speak. Seconded by Robert J. Cartmill and Glenn E. and Georgia
Nicholson. Motion carried 7-0. Bankson upon receipt of the purchase price in
full.
Sale of City Lots – Napier Street: Proof of Section 5. That the City Clerk be and is hereby
publication on notice of hearing and City authorized and directed to record a certified
Manager recommending approval of a request copy of this resolution in the offices of the City
from Robert J. Cartmill and Glenn and Georgia Assessor, Dubuque County Recorder and
Bankson to purchase Lots 138 and 139 of Dubuque County Auditor.
Regular Session, July 1, 2002 283
st
Passed, approved and adopted this 1 day of NOW THEREFORE, BE IT RESOLVED BY
July, 2002. THE CITY COUNCIL OF THE CITY OF
Terrance M. Duggan, Mayor DUBUQUE, IOWA:
Attest: Jeanne F. Schneider, City Clerk That the contract for the above improvement
Markham moved adoption of the Resolution. be awarded to Canam Steel Corporation and the
Seconded by Cline. Motion carried 7-0. Manager be and is hereby directed to execute a
contract on behalf of the City of Dubuque for the
Education and Conference Center – Bid complete performance of the work.
Package #2 Project: Proofs of publication on BE IT FURTHER RESOLVED:
notice of hearing on plans and specifications, That upon the signing of said contract and the
and notice to bidders on the receipt of bids, and approval of the contractor’s bond, the City
City Manager recommending award of the Treasurer is authorized and instructed to return
contract for the Education and Conference the bid deposits of the unsuccessful bidders.
st
Center – Bid Package #2 Project to Canam Passed, approved and adopted this 1 day of
Steel Corporation in the amount of $440,500, July, 2002.
presented and read. Buol moved that the Terrance M. Duggan, Mayor
communication be received and filed. Seconded Attest: Jeanne F. Schneider, City Clerk
by Cline. Motion carried 7-0. Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 339-02
RESOLUTION ADOPTING
Bunker Hill Sidewalk Installation Project:
PLANS AND SPECIFICATIONS
Proofs of publication on notice of hearing on
rd
Whereas, on the 3 day of June, 2002, plans, plans and specifications and notice to bidders on
specifications, form of contract and estimated the receipt of bids, and City Manager
cost were filed with the City Clerk of Dubuque, recommending award of the contract for the
Iowa for the Education and Conference Center– Bunker Hill Sidewalk Installation Project to
Bid Package #2. Winger Construction, L.C., in the amount of
Whereas, notice of hearing on plans, $36,172, presented and read. Buol moved that
specifications, form of contract, and estimated the proofs and communication be received and
cost was published as required by law. filed. Seconded by Nicholson. Motion carried 7-
NOW THEREFORE, BE IT RESOLVED BY 0.
THE CITY COUNCIL OF THE CITY OF
RESOLUTION NO. 341-02
DUBUQUE, IOWA:
RESOLUTION ADOPTING
That the said plans, specifications, form of
PLANS AND SPECIFICATIONS
contract and estimated cost are hereby
approved as the plans, specifications, form of Whereas, on the 29th day of May, 2002, plans,
contract and estimated cost for said specifications, form of contract and estimated
improvements for said project. cost were filed with the City Clerk of Dubuque,
st
Passed, approved and adopted this 1 day of Iowa for the Bunker Hill Sidewalk Installation
July, 2002. Project.
Terrance M. Duggan, Mayor Whereas, notice of hearing on plans,
Attest: Jeanne F. Schneider, City Clerk specifications, form of contract, and estimated
Buol moved adoption of the Resolution. cost was published as required by law.
Seconded by Cline. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
RESOLUTION NO. 340-02
DUBUQUE, IOWA:
AWARDING CONTRACT
That the said plans, specifications, form of
Whereas, sealed proposals have been contract and estimated cost are hereby
submitted by contractors for the Education and approved as the plans, specifications, form of
Conference Center– Bid Package #2 pursuant to contract and estimated cost for said
Resolution No. 296-02 and notice to bidders improvements for said project.
st
published in a newspaper published in the City Passed, adopted and approved this 1 day of
th
of Dubuque, Iowa on the 7 day of June, 2002. July, 2002.
Whereas, said sealed proposals were opened Terrance M. Duggan, Mayor
th
and read on the 20day of June, 2002, and it Attest: Jeanne F. Schneider, City Clerk
has been determined that the bid of Canam Buol moved adoption of the Resolution.
Steel Corporation of Woodridge, IL in the
Seconded by Nicholson. Motion carried 7-0.
amount of $440,500.00 was the lowest bid for
the furnishing of all materials and performing the
RESOLUTION NO. 342-02
work as provided for in the plans and
AWARDING CONTRACT
specifications.
Whereas, sealed proposals have been
submitted by contractors for the Bunker Hill
284 Regular Session, July 1, 2002
Sidewalk Installation Project pursuant to An Ordinance Amending the City Of Dubuque
Resolution No. 299-02 and notice to bidders Code of Ordinances Section 27-1 by substituting
published in a newspaper published in the City new definitions for “Court,” “Person,” and “Unfair
th
of Dubuque, Iowa on the 7 day of June, 2002. Practice or Discriminatory Practice”; by
Whereas, said sealed proposals were opened amending Section 27-23(b) Relating to
th
and read on the 18 day of June, 2002, and it Meetings; by amending Section 27-27(4), (6)
has been determined that the bid of Winger and (7) Clarifying the Powers and Duties of
Construction of Dubuque, Iowa, in the amount of Commissioners; by amending Section 27-29
$36,172.00 was the lowest bid for the Relating to the Issuance of Subpoenas; by
furnishings of all labor and materials and amending Section 27-51(1) and (2) Relating to
performing the work as provided for in the plans Illegal “Aiding or Abetting”; by amending 27-
and specifications. 52(1) Concerning Involuntary Retirement of
NOW THEREFORE, BE IT RESOLVED BY Persons; by amending Section 27-61
THE CITY COUNCIL OF THE CITY OF Concerning Prohibited Practices in
DUBUQUE, IOWA: Accommodations or Services; by amending
That the contract for the above improvement Section 27-72 Exemptions from Employment
be awarded to Winger Construction and the Practices; by amending Section 27-81(a)
Manager be and is hereby directed to execute a Relating to Employment Prohibited Practices; by
contract on behalf of the City of Dubuque for the amending Section 27-82 Concerning
complete performance of the work. Exemptions to Disability Discrimination by
BE IT FURTHER RESOLVED: Religious Entities and the Family Exemptions
That upon the signing of said contract and the and the Employment Prohibitions; by amending
approval of the contractor’s bond, the City Section 27-84(e) which changes “Transportation
Treasurer is authorized and instructed to return Employees” to “Governmental Regulations”; by
the bid deposits of the unsuccessful bidders. amending Section 27-85(a) Relating to
st
Passed, approved and adopted this 1 day of Prohibited Practices in Public Accommodations
July, 2002. and Section 27-85(c) Relating to Prohibited
Terrance M. Duggan, Mayor Practices in Public Accommodations; by
Attest: Jeanne F. Schneider, City Clerk Amending Section 27-111 Clarifying who can file
Buol moved adoption of the Resolution. civil rights complaints; by amending Section 27-
114 Clarifying the ability of the Director to screen
Seconded by Nicholson. Motion carried 7-0.
complaints; by amending Section 27-116(a)
Concerning the remedial action in contested
Buol moved that the rules be reinstated limiting
cases; by amending Section 27-117 clarifying
discussion to the Council. Seconded by
the Section and by deleting extraneous words;
Markham. Motion carried 7-0.
by repealing Section 27-119 Procedural Rules;
by amending Section 27-121 concerning how
ACTION ITEMS
the Chapter is to be construed; and by
substituting a new definition of “Person” in
Nicholson moved that the following item be
Section 27-130, presented and read.
removed from the table. Seconded by Michalski.
Motion carried 7-0.
OFFICIAL PUBLICATION
Penalty for Tobacco Permit Holder (Tabled on
ORDINANCE NO. 51-02
June 17, 2002): Council consideration of
AN ORDINANCE AMENDING THE CITY OF
assessing a civil penalty against the Liquor
DUBUQUE CODE OF ORDINANCES
Depot for underage tobacco sales, presented
SECTION 27-1 BY SUBSTITUTING NEW
and read. Nicholson moved to assess the
DEFINITIONS FOR “COURT,” “PERSON,”
suspension penalty. Seconded by Michalski.
AND “UNFAIR PRACTICE OR DISCRIMI-
Motion carried 7-0.
NATORY PRACTICE”; BY AMENDING
SECTION 27-23(b) RELATING TO MEETINGS;
Michalski moved to remove the following from
BY AMENDING SECTION 27-27(4), (6) AND
the table. Seconded by Connors. Motion
(7) CLARIFYING THE POWERS AND DUTIES
carried 7-0.
OF COMMISSIONERS; BY AMENDING
Human Rights Ordinance (Tabled on June 3,
SECTION 27-29 RELATING TO THE
2002): City Manager submitting clarification
ISSUANCE OF SUBPOENAS; BY AMENDING
material for recommended changes to the
SECTION 27-51(1) AND (2) RELATING TO
Human Relations Ordinance, presented and
ILLEGAL “AIDING OR ABETTING”; BY
read. Michalski moved that the communication
AMENDING 27-52(1) CONCERNING
be received and filed. Seconded by Connors.
INVOLUNTARY RETIREMENT OF PERSONS;
Motion carried 7-0.
BY AMENDING SECTION 27-61
CONCERNING PROHIBITED PRACTICES IN
ACCOMMODATIONS OR SERVICES; BY
Regular Session, July 1, 2002 285
AMENDING SECTION 27-72 EXEMPTIONS
Section 3. Section 27-27(4), (6) and (7) of the
FROM EMPLOYMENT PRACTICES; BY
City of Dubuque Code of Ordinances are
AMENDING SECTION 27-81(a) RELATING TO
amended to read as follows:
EMPLOYMENT PROHIBITED PRACTICES; BY
(4) To issue such publication and reports of
AMENDING SECTION 27-82 CONCERNING
investigations and research as in the judgment
EXEMPTIONS TO DISABILITY DIS-
of the commission shall promote civil and
CRIMINATION BY RELIGIOUS ENTITIES AND
respectful behavior which shall tend to eliminate
THE FAMILY EXEMPTIONS AND THE
discrimination.
EMPLOYMENT PROHIBITIONS; BY
(6) To make recommendations to the city
AMENDING SECTION 27-84(e) WHICH
council legislation concerning discrimination.
CHANGES “TRANSPORTATION EMPLOY-
(7) To cooperate, within the limits of any
EES” TO “GOVERNMENTAL REGULA-
appropriations made for its operation, with other
TIONS”; BY AMENDING SECTION 27-85(a)
agencies or organizations, both public and
RELATING TO PROHIBITED PRACTICES IN
private, whose purposes are consistent with
PUBLIC ACCOMMODATIONS AND SECTION
those of this chapter, in the planning and
27-85(c) RELATING TO PROHIBITED
conducting of programs designed to eliminate
PRACTICES IN PUBLIC ACCOMMODATIONS;
discrimination or cultural and intergroup
BY AMENDING SECTION 27-111
tensions.
CLARIFYING WHO CAN FILE CIVIL RIGHTS
Section 4. Section 27-29 of the City of
COMPLAINTS; BY AMENDING SECTION 27-
Dubuque Code of Ordinances is amended to
114 CLARIFYING THE ABILITY OF THE
read as follows:
DIRECTOR TO SCREEN COMPLAINTS; BY
The commission may issue subpoenas and
AMENDING SECTION 27-116(a)
order discovery in aid of investigations under
CONCERNING THE REMEDIAL ACTION IN
this chapter. Such subpoenas and discovery
CONTESTED CASES; BY AMENDING
may be ordered to the same extent and subject
SECTION 27-117 CLARIFYING THE SECTION
to the same limitations as would apply for county
AND BY DELETING EXTRANEOUS WORDS;
attorney subpoenas.
BY REPEALING SECTION 27-119
Section 5. Section 27-51(1) and (2) of the City
PROCEDURAL RULES; BY AMENDING
of Dubuque Code of Ordinances are amended to
SECTION 27-121 CONCERNING HOW THE
read as follows:
CHAPTER IS TO BE CONSTRUED; AND BY
(1) Any person to intentionally aid, abet,
SUBSTITUTING A NEW DEFINITION OF
compel or coerce another person to engage in
“PERSON” IN SECTION 27-130.
any of the practices declared unfair or
NOW, THEREFORE, BE IT ORDAINED BY discriminatory by this chapter.
THE CITY COUNCIL OF THE CITY OF (2) Any person to discriminate against another
DUBUQUE, IOWA: person in any of the rights protected by this
Section 1. Section 27-1 of the City of chapter because such person has lawfully
Dubuque Code of Ordinances is amended by opposed any practice forbidden under this
substituting the following definitions: chapter, obeys the provisions of this chapter, or
Court:
The Iowa District Court in and for has filed a complaint, testified or assisted in any
Dubuque County. proceeding under this chapter.
Person:
An individual, partnership, association, Section 6. Section 27-52(1) of the City of
corporation, legal representative, trustees, Dubuque Code of Ordinances is amended to
receiver, any other legal entity and the State and read as follows:
all political subdivisions and agencies thereof. (1) However, a retirement plan or benefit
Unfair Practice or Discriminatory Practice:
system shall not require the involuntary
Those practices specified as unfair or retirement of a person because of that person’s
discriminatory in Articles IV and VI of this age.
Chapter. Section 7. Section 27-61 of the City of
Section 2. Subsection 27-23(b) of the City of Dubuque Code of Ordinances is amended to
Dubuque Code of Ordinances is amended to read as follows:
read as follows: Sec. 27-61. Prohibited Practices:
(b) The chairperson, the vice chairperson, or It shall be an unfair or discriminatory practice
any three (3) members of the Commission may for any person:
call a special meeting by giving at least twenty-(1) To refuse or deny to any person because
four (24) hours notice to every other member of of race, creed, color, sex, age, national origin, or
the Commission. The call for a special meeting religion the accommodations, advantages,
shall include an agenda, and only matters facilities, services, or privileges thereof, or
included in that agenda may be acted on at the otherwise to discriminate against any person
meeting. because of race, creed, color, sex, age, national
origin or religion in the furnishing of such
286 Regular Session, July 1, 2002
accommodations, advantages/facilities, services to be job-related and consistent with business
or privileges. necessity, and such performance cannot be
(2) To directly or indirectly advertise or in any accomplished by a reasonable accommodation,
other manner indicate or publicize that the as required under this Chapter.
Qualification Standards
patronage of persons of any particular race, (2) : The term
creed, color, sex, age, national origin or religion qualification standards may include a
is unwelcome, objectionable, not acceptable, or requirement that an individual shall not pose a
not solicited. direct threat to the health or safety of other
Section 8. Section 27-72 of the City of individuals in the workplace.
Reasonable Accommodation And Good
Dubuque Code of Ordinances is amended to (3)
Faith E
read as follows: ffort: In cases where a discriminatory
Sec. 27-72. Exemptions From Division: practice involves the provision of a reasonable
This Division shall not apply to: accommodation pursuant to this subsection,
(1) Any employer who regularly employs less actual damages other than damages for back
than four (4) individuals. For purposes of this pay may not be awarded under this Chapter
subsection, the owners, owner(s)’ spouses and where the covered entity proves, by a
children shall not be counted as employees. preponderance of the evidence, good faith
(2) The employment of individuals for work efforts, in consultation with the person with the
within the home of the employer if the employer disability who has informed the covered entity
of members of the employer’s family reside that accommodation is needed, to identify and
therein during such employment. make a reasonable accommodation that would
(3) The employment of individuals to render provide such individual with an equally effective
personal service to the person of the employer opportunity and would not cause an undue
or members of the employer’s family. hardship on the operation of the business.
List Of Infectious And Communicable
(4) Any bona fide religious institution with (4)
Diseases
respect to any qualifications for employment :
Applications
based on religion when such qualifications are a. : In any case in which an
related to a bona fide religious purpose. A individual has an infectious or communicable
religious qualification for instructional personnel disease that is transmitted to others through the
or administrative officer serving in a supervisory handling of food that is included on the list
capacity of a bona fide religious educational developed by the Secretary of Health and
facility or religious institution shall be presumed Human Services under 42 USC 12113(d) and
to be a bona fide occupational qualification. which cannot be eliminated by reasonable
(5) Discrimination on the basis of age if the accommodation, a covered entity may refuse to
person subject to the discrimination is under the assign or continue to assign such individual to a
age of eighteen (18) ears, unless that person is job involving food handling.
Construction
considered by law to be an adult. b. : Nothing in this Division shall
(6) A State or Federal program designed to be construed to preempt, modify, or amend any
benefit a specific age classification which serves local law, ordinance, or regulation applicable to
a bona fide public purpose. food handling which is designed to protect the
Section 9. Section 27-81(a) of the City of public health from individuals who pose a
Dubuque Code of Ordinances is amended to significant risk to the health or safety of others,
read as follows: which cannot be eliminated by reasonable
General Rule:
(a) No person shall discriminate accommodation, pursuant to the list of infectious
against a qualified individual with a disability or communicable diseases and the modes of
because of the disability of such individual in transmissibility published by the Secretary of
regard to job application procedures, the hiring, Health and Human Services.
(b) Exemptions
advancement, or discharge of employees, :
employee compensation, job training, and other This Division shall not apply to:
terms, conditions, and privileges of employment. (1) Any employer who regularly employs less
Section 10. Section 27-82 of the City of than four (4) individuals. For purposes of this
Dubuque Code of Ordinances is amended to subsection, the owner(s), the owner(s)’
read as follows: spouse(s) and children shall not be counted as
Sec. 27-82. Defenses, Exemptions And employees.
Exclusions: (2) The employment of individuals for work
Defenses
(a): within the home of the employer if the employer
In General
(1) : It may be a defense to a charge or members of the employer's family reside
of discrimination under this Division that an therein during such employment.
alleged application of qualification standards, (3) The employment of individuals to render
tests, or selection criteria that screen out or tend personal service to the person of the employer
to screen out or otherwise deny a job or benefit or members of the employer's family.
to an individual with a disability has been shown
Regular Session, July 1, 2002 287
(4) An employer's qualifications for a job may unfair practice of which complained, shall set
include a requirement that an individual shall not forth the particulars thereof, and shall contain
pose a direct threat to the health or safety of such other information as may be required by
other individuals in the workplace. the Commission. The Commission, a
Exclusions:
(c) commissioner, or the City Attorney may in like
Homosexuality And Bisexuality
(1) : For manner sign and file such complaint.
purposes of the definition of disability in Section (b) A person who has tested positive for
27-1, homosexuality and bisexuality are not human immunodeficiency virus or who has a
impairments and as such are not disabilities diagnosis of Acquired Immune Deficiency
under this Division. Syndrome or a person who is perceived to have
Certain Conditions
(2) : Under this Division, the human immunodeficiency virus or Acquired
term disability shall not include: Immune Deficiency may file a disability charge
a. Transvestism, transsexualism, pedophilia, utilizing "John Doe", "Jane Doe" or a coded
exhibitionism, voyeurism, gender identity number to protect the person's identity. The
disorders not resulting from physical name of the charging party shall be disclosed to
impairments, or other sexual behavior disorders; the respondent. It shall be a discriminatory
b. Compulsive gambling, kleptomania, or practice for any person to disclose the name of
pyromania; or the coded person or information that would lead
c. Psychoactive substances use disorders to that person's identity.
resulting from current illegal use of drugs. Section 14. Section 27-114 of the City of
Section 11. Section 27-84(e) of the City of Dubuque Code of Ordinances is amended to
Dubuque Code of Ordinances is amended to read as follows:
Notice To Respondent
read as follows: (a) : After the filing of a
(e) Governmental Regulations:
Nothing in this verified complaint, a true copy shall be served
Chapter shall be construed to encourage, within twenty (20) days by certified mail on the
prohibit, restrict, or authorize the otherwise person against whom the complaint is filed.
Screening:
lawful exercise by entities subject to the (b) The director shall review each
jurisdiction of the Iowa Department of complaint and is authorized to administratively
Transportation or any other state of federal close a case when the director finds any of the
agency of authority to: following
(1) Test employees of such entities in, and i. Lack of jurisdiction;
applicants for, positions involving safety-ii Minimal impact on civil rights in the
sensitive duties for the illegal use of drugs and community; or
for on-duty impairment by alcohol; and iii further processing is not warranted.
Investigation By Staff; Probable Cause
(2) Remove such persons who test positive for (c)
Determination By Administrative Law Judge:
illegal use of drugs and on-duty impairment by An
alcohol pursuant to subsection (1) above from authorized member of the Commission staff
safety-sensitive duties in implementing shall make a prompt investigation and shall
subsection (c) above. issue a recommendation to an administrative
Section 12. Section 27-85(a) and (c) of the law judge under the jurisdiction of the
City of Dubuque Code of Ordinances are Commission, who shall then issue a
amended to read as follows: determination of probable cause or no probable
Sec. 27-85. Public Accommodations cause.
Prohibited Practices: (1) For purposes of this Code, an
(
a) It shall be an unfair or discriminatory administrative law judge issuing a determination
practice for any person on the basis of disability of probable cause or no probable cause under
to refuse or deny full and equal enjoyment of the this Section shall be exempt from section
goods, services, facilities, privileges, 17A.17 of the State Code of Iowa.
advantages, or other public accommodations. (2) If the administrative law judge concurs with
(c) It shall be an unfair or discriminatory the investigating official that probable cause
practice for any person todiscriminate against exists regarding the allegations of the complaint,
an individual or class of individuals in any of the the staff of the Commission shall promptly
following: endeavor to eliminate the discriminatory or
Section 13. Section 27-111(a) of the City of unfair practice by conference, conciliation and
Dubuque Code of Ordinances are amended to persuasion. If the administrative law judge finds
read as follows: that no probable cause exists, the administrative
(a) All persons claiming to be aggrieved by a law judge shall issue a final order dismissing the
discriminatory or unfair practice within this City complaint and the Commission shall promptly
may sign and file with the Commission a mail a copy to the complainant and to the
verified, written complaint in triplicate which shall respondent by certified mail.
state the name and address of the person
alleged to have committed the discriminatory or
288 Regular Session, July 1, 2002
A finding of probable cause shall not be to the complainant because of the discriminatory
introduced into evidence in an action brought or unfair practice.
under Section 27-117. f. Reporting as to the manner of compliance.
Conciliation Conference And Persuasion
(d)g. Posting notices in conspicuous places in the
Procedures
: The Commission staff must respondent's place of business in form
endeavor to eliminate the discriminatory or prescribed by the Commission and inclusion of
unfair practice by conciliation conference and notices in advertising material.
persuasion for a period of thirty (30) days h. Payment to the complainant of damages for
following the initial conciliation meeting between an injury caused by the discriminatory or unfair
the respondent and the Commission staff after a practice, which damages shall include, but are
finding of probable cause. After the expiration of not limited to damages and reasonable
thirty (30) days, the Director may order the attorney's fees.
conciliation conference and persuasion i. Reimbursement to the commission for
procedure provided in this Section to be contested case costs.
bypassed when the Director determines the (2) Requirements To Cease And Desist,
procedure is unworkable by reason of past Certifications To Licensing And Contracting
patterns and practices of the respondent, or a Agencies: In addition to the remedies provided
statement by the respondent that the respondent in the preceding provisions of this Section, the
is unwilling to continue with the conciliation. Commission may issue an order requiring the
Upon the bypassing of conciliation, the Director respondent to cease and desist from the
shall state in writing the reasons for bypassing. discriminatory or unfair practice and may take
Section 15. Section 27-116(a) of the City of such affirmative action as in the judgment of the
Dubuque Code of Ordinances is amended to Commission will carry out the purposes of this
read as follows: Chapter as follows:
(a) Upon Finding Of Discriminatory, Unfair a. In the case of a respondent operating by
Practice: If, upon taking into consideration all of virtue of a license issued by the State or a
the evidence at a hearing, the Commission political subdivision or agency, if the
determines that the respondent has engaged in Commission, upon notice to the respondent with
a discriminatory or unfair practice, the an opportunity to be heard, determines that the
Commission shall state its findings of fact and respondent has engaged in a discriminatory or
conclusions of law and shall issue an order unfair practice and that the practice was
requiring the respondent to cease and desist authorized, requested, commanded, performed
from the discriminatory or unfair practice and to or knowingly or recklessly tolerated by the Board
take the necessary remedial action as in the of Directors of the respondent or by an officer or
judgment of the Commission will carry out the executive agent acting within the scope of such
purposes of this Chapter. A copy of the order officer's or executive agent's employment, the
shall be delivered to the respondent, the Commission shall so certify to the licensing
complainant, and to any other public officers and agency. Unless the Commission finding of a
persons as the Commission deems proper. discriminatory or unfair practice is reversed in
(1) Remedial Actions: For the purposes of this the course of judicial review, the finding of
subsection and pursuant to the provisions of this discrimination is binding on the licensing
Chapter, "remedial action" includes, but is not agency.
limited to, the following: b. In the case of a respondent who is found by
a. Hiring, reinstatement or upgrading of the Commission to have engaged in a
employees with or without pay. Interim earned discriminatory or unfair practice in the course of
income and unemployment compensation shall performing under a contract or subcontract with
operate to reduce the pay otherwise allowable. the State or political subdivision or agency, if the
b. Admission or restoration of individuals to a practice was authorized, requested,
labor organization, admission to or participation commanded, performed, or knowingly or
in a guidance program, apprenticeship training recklessly tolerated by the Board of Directors of
program, on-the-job training program or other the respondent or by an officer or executive
occupational training or retraining program, with agent acting within the scope of such officer's or
the utilization of objective criteria in the executive agent's employment, the Commission
admission of individuals to such programs. shall so certify to the contracting agency. Unless
c. Admission of individuals to a public the Commission's finding of a discriminatory or
accommodation or an education institution. unfair practice is reversed in the course of
d. Sale, exchange, lease, rental, assignment judicial review, the finding of discrimination is
or sublease of real property to an individual. binding on the contracting agency.
e. Extension to all individuals of the full and Section 16. Section 27-117 of the City of
equal enjoyment of the advantages, facilities, Dubuque Code of Ordinances is amended to
privileges and services of the respondent denied read as follows:
Regular Session, July 1, 2002 289
Sec. 27-117. Sixty Day Release From award the respondent reasonable attorney's
Administrative Process, Alternative Judicial fees and court costs when the court finds that
Proceedings Upon Complaints: the complainant's action was frivolous.
Conditions For Release
(a) : A person claiming (f) It is the legislative intent of this Section that
to be aggrieved by an unfair or discriminatory every complaint be at least preliminarily
practice must initially seek an administrative screened during the first sixty (60) days. This
relief by filing a complaint with the Commission subsection does not authorize administrative
in accordance with Section 27-111. A closures if an investigation is warranted.
complainant, after the proper filing of a Section 17. Section 27-119 of the Dubuque
complaint with the Commission, may Code of Ordinances is hereby repealed.
subsequently commence an action for relief in Section 18. Section 27-121 of the Dubuque
the district court if all of the following conditions Code of Ordinances is amended to read as
have been satisfied: follows:
(1) The complainant has timely filed the Sec. 27-121. Rule Of Construction:
complaint with the Commission as provided in This Chapter shall be construed liberally to
Section 27-113. effectuate its purpose.
(2) The complaint has been on file with the Section 19. Section 27-130 of the Dubuque
Commission at least sixty (60) days and the Code of Ordinances is amended by substituting
Commission has issued a release to the the following:
Person:
complainant pursuant to subsection (b) of this Includes an individual, corporation,
Section. partnership, association, labor organization,
Requirements For Issuance Of Release
(b) : legal representative, mutual company, joint-
Upon a request by the complainant, and after stock company, trust, unincorporated
the expiration of sixty (60) days from the timely organizations, trustees, trustee in cases under
filing of a complaint with the Commission, the title 11 (of the United States Code), receiver and
Commission shall issue to the complainant a fiduciary or any other legal entity.
release stating that the complainant has a right Section 20. This Ordinance shall take effect
to commence an action in the district court. A upon publication.
release under this subsection shall not be issued Passed, approved and adopted this 1st day of
if a finding of no probable cause has been made July, 2001.
on the complaint by the administrative law judge Terrance M. Duggan, Mayor
charged with the duty under Section 27-114, or Attest: Jeanne F. Schneider, City Clerk
a conciliation agreement has been executed, or Published officially in the Telegraph Herald
th
the Commission has served notice of hearing newspaper this 9 day of July, 2002.
upon the respondent, or the complaint is closed Jeanne F. Schneider, CMC, City Clerk
as an administrative closure and two (2) years 1t 7/9
have elapsed since the issuance date of the Michalski moved that the requirement that a
closure. proposed Ordinance be considered and voted
Notwithstanding Section 27-26, a party may on for passage at two Council Meetings prior to
obtain a copy of all documents contained in a the meeting at which it is to be finally passed be
case file where the Commission has issued a suspended and further moved final
release to the complainant pursuant to this consideration and passage of the Ordinance.
subsection. Seconded by Connors. Motion carried 7-0.
Failure To Timely Seek Judicial Relief After
(c)
Release; Release As Bar To Further Expansion of Main Street Parking Meter
Administrative Action On Complaint
: An action
District: City Manager recommending expansion
authorized under this Section is barred unless
of the downtown parking meter district to include
commenced within ninety (90) days after
Main Street from Fifth Street to Ninth Street in
issuance by the Commission of a release under
anticipation of the July opening of Main Street,
subsection (b) of this Section. If a complainant
presented and read. Buol moved that the
obtains a release from the Commission under
communication be received and filed. Seconded
subsection (b) of this Section, the Commission
by Nicholson. Carried by the following vote:
shall be barred from further action on that
Yeas—Buol, Cline, Connors, Markham,
complaint.
Michalski, Nicholson. Nays--Duggan.
Venue For Court Action On Complaint
(d):
Venue for an action under this section shall be in
Michalski and Duggan expressed concerns
Dubuque County.
about the drop off zones and proper signage,
Remedies In Judicial Proceedings;
(e)
Attorney's Fees And Costs
: The district court
An Ordinance Amending Section 32-336 of the
may grant any relief under this Section which is
City of Dubuque Code of Ordinances
authorized by Section 27-116 to be issued by
establishing the Municipal Parking Meter District
the Commission. The district court may also
290 Regular Session, July 1, 2002
by adding both sides of Main Street from Fifth modifying Subsection (b) of Section 32-214
Street to Ninth Street, presented and read. thereof providing for the addition of stop signs
on Eighth Street at Main Street, presented and
OFFICIAL PUBLICATION
read.
ORDINANCE NO. 52-02
AN ORDINANCE AMENDING SECTION 32-
OFFICIAL PUBLICATION
336 OF THE CITY OF DUBUQUE CODE OF
ORDINANCE NO. 53-02
ORDINANCES, ESTABLISHING THE
AN ORDINANCE AMENDING THE CODE OF
MUNICIPAL PARKING METER DISTRICT BY
ORDINANCES OF THE CITY OF DUBUQUE,
ADDING BOTH SIDES OF MAIN STREET
IOWA, BY MODIFYING SUBSECTION (b) OF
FROM FIFTH STREET TO NINTH STREET
.
SECTION 32-214 THEREOF PROVIDING FOR
Whereas, The City Council of Dubuque, Iowa
THE ADDITION OF STOP SIGNS ON EIGHTH
has taken action to open Main Street from Fifth
STREET AT MAIN STREET
to Ninth Streets to vehicular traffic; and
NOW, THEREFORE, BE IT ORDAINED BY
Whereas, property owner meetings have been
THE CITY COUNCIL OF THE CITY OF
part of the process for the design and
DUBUQUE, IOWA:
construction of Main Street, and the installation
Section 1. That the Code of Ordinances of the
of parking meters are part of the approved Main
City of Dubuque, Iowa, be amended by adding
Street design;
Eighth Street and Main Street to Subsection (b)
NOW, THEREFORE, BE IT ORDAINED BY
of Section 32-214 thereof as follows:
THE CITY COUNCIL OF THE CITY OF
“Sec. 32-214. Stop Intersections.
DUBUQUE, IOWA:
(b)
Section 1. Section 32-336 of the City of
* * * *
Dubuque Code of Ordinances is hereby
Eastbound and Westbound
amended by adding the following streets to the
Eighth Street and Main Street
streets designated as the Municipal Parking
Passed, approved and adopted this 1st day of
Meter District:
July, 2002.
NORTH-SOUTH STREETS
Terrance M. Duggan, Mayor
Main Street, both sides, from Fifth Street to
Attest: Jeanne F. Schneider, City Clerk
Ninth Street.
Published officially in the Telegraph Herald
th
Section 2. Effective date. This ordinance shall
newspaper this 5 day of July, 2002.
take effect upon publication, according to law.
Jeanne F. Schneider, CMC, City Clerk
Passed, approved and adopted this
1t 7/5
1st day of July, 2001.
Buol moved that the requirement that a
Terrance M. Duggan, Mayor
proposed Ordinance be considered and voted
Attest: Jeanne F. Schneider, City Clerk
on for passage at two Council Meetings prior to
Published officially in the Telegraph Herald
the meeting at which it is to be finally passed be
th
newspaper this 5 day of July, 2002.
suspended and further moved final
Jeanne F. Schneider, CMC, City Clerk
consideration and passage of the Ordinance.
1t 7/5
Seconded by Nicholson. Motion carried 7-0.
Buol moved that the requirement that a
proposed Ordinance be considered and voted
Resource Enhancement and Protection
on for passage at two Council Meetings prior to
(REAP) Program: City Manager recommending
the meeting at which it is to be finally passed be
approval of the updated REAP Plan and
suspended and further moved final
requesting that a Council representative be
consideration and passage of the Ordinance.
appointed to the REAP Committee, presented
Seconded by Nicholson. Carried by the following
and read. Cline moved that the communication
vote: Yeas—Buol, Cline, Connors, Markham,
be received and filed and that Council Member
Michalski, Nicholson. Nays—Duggan.
Connors be appointed as the representative.
Seconded by Michalski. Motion carried 7-0.
Main Street Traffic Signage: City Manager
recommending that, with the opening of Main
Water Tower and Northwest Arterial Water
Street in July, a stop sign be placed on Main
Main Extension Engineering Services Contract:
th
Street at 5 Street for southbound traffic, and
City Manager recommending approval of the
that stop signs be placed to stop eastbound and
award of the engineering services contract for
th
westbound traffic on 8 Street at Main Street,
the proposed water tower to be located adjacent
presented and read. Buol moved that the
to the soccer complex on John F. Kennedy
communication be received and filed. Seconded
Road and the Northwest Arterial watermain
by Nicholson. Motion carried 7-0.
extension project to Veenstra and Kimm, Inc.,
presented and read. Cline moved that the
An Ordinance Amending the Code of
communication be received and filed and
Ordinances of the City of Dubuque, Iowa, by
Regular Session, July 1, 2002 291
approved recommendation. Seconded by Van Buren Street – Vacating Petition: City
Nicholson. Motion carried 7-0. Manager recommending that a public hearing be
set for July 15, 2002 to consider a request from
Bell Street and Fifth Street Construction: City Michael and Sally Basten to vacate a portion of
Manager recommending that Resolution No. Van Buren Street (formerly Lenox Avenue),
322-02 - Ordering Bids – for the Bell Street and presented and read. Buol moved that the
Fifth Street be rescinded as the project will not communication be received and filed. Seconded
be ready for bid with the original time frame and by Cline. Motion carried 7-0.
submitting design alternatives for the
RESOLUTION NO. 344-02
construction of Bell Street; and that the July 15,
RESOLUTION APPROVING PLAT OF THE
2002 public hearing on the plans and
PROPOSED VACATED PORTION OF VAN
specifications for the project proceed on
BUREN STREET (FORMERLY LENOX
schedule, presented and read. Nicholson
AVENUE)
moved that the communications be received and
filed and approved Alternate No. 1. Seconded
Whereas, there has been presented to the City
by Cline. Motion carried 7-0.
Council of the City of Dubuque, Iowa, a plat
th
dated the 19 day of June, 2002, prepared by
RESOLUTION NO, 343-02
Buesing & Associates, describing the proposed
RESOLUTION RESCINDING RESOLUTION
vacated portion of Van Buren Street (formerly
322-02 ORDERING BIDS FOR THE BELL
STREET AND FIFTH STREET CON-
Lenox Avenue); and
STRUCTION PROJECT Whereas, said plat conforms to the laws and
statutes pertaining thereto.
Whereas, on June 17, 2002, the City Council
NOW, THEREFORE, BE IT RESOLVED BY
adopted Resolution No. 322-02 directing the City
THE CITY COUNCIL OF THE CITY OF
Clerk to advertise for bids for the Bell Street and
DUBUQUE, IOWA:
Fifth Street Construction Project; and
th
Section 1. That the plat dated the 19 day of
Whereas, the City Council has now deemed it
June, 2002, prepared by Buesing & Associates,
advisable to bid the project at a later date.
relative to the real estate hereinabove described
NOW THEREFORE, BE IT RESOLVED BY
be and the same is hereby approved, and the
THE CITY COUNCIL OF THE CITY OF
Mayor and City Clerk be and they are hereby
DUBUQUE, IOWA:
authorized and directed to execute said plat for
That Resolution 322-02, Ordering Bids for the
and on behalf of the City of Dubuque, Iowa.
Bell Street and Fifth Street Construction Project
Section 2. The City of Dubuque reserves unto
is hereby rescinded.
itself a perpetual easement including the right of
Passed, approved and adopted this 1st day of
ingress and egress thereto, for the purpose of
July, 2001.
erecting, installing, constructing, reconstructing,
Terrance M. Duggan, Mayor
repairing, owning, operating, and maintaining
Attest: Jeanne F. Schneider, City Clerk
water, sewer, drainage, gas, telephone,
Nicholson moved adoption of the Resolution
television cable, fiber optics, and electric lines as
and approval of Alternate #1 for the design of
may be authorized by the City of Dubuque,
Bell Street.. Seconded by Cline. Motion carried
Iowa, as shown on the Plat of Survey of Lot
7-0.
119A of Lenox Addition in the City of Dubuque,
Iowa.
Red Cross Emergency Response Vehicle:
Section 3. That the City Clerk be and is hereby
City Manager recommending that the City
authorized and directed to file said plat and
provide $5,000 toward the purchase of the Red
certified copy of this resolution in the office of
Cross Emergency Response Vehicle, presented
the Recorder in and for Dubuque County, Iowa.
and read. Cline moved that the communication
st
Passed, approved and adopted this 1 day of
be received and filed and approved
July, 2002.
recommendation. Seconded by Nicholson.
Terrance M. Duggan, Mayor
Motion carried 7-0.
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
COUNCIL MEMBER REPORTS
Seconded by Cline. Motion carried 7-0.
Michalski stated that she has been invited to
An Ordinance Vacating a portion of Van Buren
participate in a committee for the National
Street (formerly Lenox Avenue), presented and
League of Cities on Community Child Protection.
read.
ITEMS TO BE SET FOR PUBLIC HEARING
292 Regular Session, July 1, 2002
Whereas, Michael W. and Sally A. Basten
OFFICIAL PUBLICATION
have requested the vacating of a portion of Van
ORDINANCE NO. 54-02
Buren Street (formerly Lenox Avenue); and
ORDINANCE VACATING A PORTION OF VAN
Whereas, Buesing & Associates has prepared
BUREN STREET (FORMERLY LENOX
and submitted to the City Council a plat showing
AVENUE)
the vacated portion of Van Buren Street
Whereas, Michael W. and Sally A. Basten
(formerly Lenox Avenue) and assigned lot
have requested the vacating of a portion of Van
number thereto, which hereinafter shall be
Buren Street (formerly Lenox Avenue); and
known and described as Lot 119A of Lenox
Whereas, Buesing & Associates has prepared
Addition in the City of Dubuque, Iowa; and
and submitted to the City Council a plat showing
Whereas, the City Council of the City of
a vacated portion of Van Buren Street (formerly
Dubuque, Iowa has determined that this portion
Lenox Avenue) and assigned a lot number
of Van Buren Street (formerly Lenox Avenue) is
thereto, which hereinafter shall be known and
no longer required for public use, except for
described as Lot 119A of Lenox Addition, in the
utility easements as noted, and vacating and
City of Dubuque, Dubuque County, Iowa; and
sale of said portions of Van Buren Street known
Whereas, the City Council of the City of
as Lot 119A of Lenox Addition in the City of
Dubuque, Iowa has determined that a portion of
Dubuque, Dubuque County, Iowa should be
Van Buren Street (formerly Lenox Avenue) is no
approved.
longer required for public use, except for utility
NOW, THEREFORE, BE IT RESOLVED BY
easements as noted, and vacating of said
THE CITY COUNCIL OF THE CITY OF
portion of Van Buren Street (formerly Lenox
DUBUQUE, IOWA:
Avenue) known as Lot 119A of Lenox Addition,
Section 1. That the City of Dubuque intends to
in the City of Dubuque, Dubuque County, Iowa
dispose of its interest in Lot 119A of Lenox
should be approved.
Addition in the City of Dubuque, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY
Section 2. That the conveyance of Lot 119A of
THE CITY COUNCIL OF THE CITY OF
Lenox Addition in the City of Dubuque, Iowa to
DUBUQUE, IOWA:
Michael W. and Sally A. Basten be contingent
Section 1. That the real estate described as Lot
upon the payment of $573.78, plus platting,
119A of Lenox Addition in the City of Dubuque,
publication and filing fees.
Iowa, be and the same is hereby vacated.
Section 3. The City of Dubuque reserves unto
Section 2. The City of Dubuque reserves unto
itself a perpetual easement including the right of
itself a perpetual easement including the right of
ingress and egress thereto, for the purpose of
ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing,
erecting, installing, constructing, reconstructing,
repairing, owning, operating, and maintaining
repairing, owning, operating, and maintaining
water, sewer, drainage, gas, telephone,
water, sewer, drainage, gas, telephone,
television cable, fiber optics, and electric lines as
television cable, fiber optics, and electric lines as
may be authorized by the City of Dubuque,
may be authorized by the City of Dubuque,
Iowa, as shown on the Plat of Survey of Lot
Iowa, as shown on the Plat of Survey of Lot
119A of Lenox Addition in the City of Dubuque,
119A of Lenox Addition in the City of Dubuque,
Iowa.
Iowa.
Section 4. That the City Clerk be and is hereby
st
Passed, approved and adopted this 1 day of
authorized and directed to cause a notice of
July, 2002.
intent to dispose of said real estate to be
Terrance M. Duggan, Mayor
published in the manner as prescribed by law.
Attest: Jeanne F. Schneider, City Clerk
Passed, approved and adopted this 1st day of
Published officially in the Telegraph Herald
July, 2002.
th
newspaper this 9 day of July, 2002.
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
Attest: Jeanne F. Schneider, City Clerk
1t 7/9
Buol moved adoption of the Resolution and
Buol moved that the requirement that a
further set this for public hearing on 7/15/02 at a
proposed Ordinance be considered and voted
meeting to commence at 6:30 P.M. in the public
on for passage at two Council Meetings prior to
library auditorium and that the City Clerk publish
the meeting at which it is to be finally passed be
notice in the manner prescribed by law.
suspended and further moved final
Seconded by Cline. Motion carried 7-0.
consideration and passage of the Ordinance.
Seconded by Cline. Motion carried 7-0.
Southern Avenue – Vacating Petition: City
Manager recommending that a public hearing be
RESOLUTION NO. 345-02
set for July 15, 2002 to consider a request from
RESOLUTION OF INTENT TO DISPOSE OF
David S. Hartig, Jr., to vacate a portion of
CITY INTEREST IN LOT 119A OF LENOX
Southern Avenue (formerly platted as Stewart
ADDITION IN THE CITY OF DUBUQUE, IOWA
Street), presented and read. Buol moved that
Regular Session, July 1, 2002 293
the communication be received and filed. assigned a lot number thereto, which hereinafter
Seconded by Cline. Motion carried 7-0. shall be known and described as Lot 6A of
Shipton’s Addition in the City of Dubuque,
RESOLUTION NO. 346-02
Dubuque County, Iowa; and
RESOLUTION APPROVING PLAT OF
Whereas, the City Council of the City of
PROPOSED VACATED SOUTHERN AVENUE
Dubuque, Iowa has determined that this portion
(FORMERLY PLATTED AS STEWART
of Southern Avenue (formerly platted as Stewart
STREET)
Street) is no longer required for public use,
except for utility easements as noted, and
Whereas, there has been presented to the City
vacating of said portion of Southern Avenue
Council of the City of Dubuque, Iowa, a plat
(formerly platted as Stewart Street) known as
dated May 24, 2002, prepared by IIW Engineers
Lot 6A of Shipton’s Addition, in the City of
& Surveyors, P.C., describing the proposed
Dubuque, Dubuque County, Iowa should be
vacated portion of Southern Avenue (formerly
approved.
platted as Stewart Street); and
NOW, THEREFORE, BE IT RESOLVED 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 6A of Shipton’s Addition in the City of
DUBUQUE, IOWA:
Dubuque, Dubuque County, Iowa, be and the
Section 1. That the plat dated May 24, 2002,
same is hereby vacated.
prepared by IIW Engineers & Surveyors, P.C.,
Section 2. The City of Dubuque reserves unto
relative to the real estate hereinabove described
itself a perpetual easement including the right of
be and the same is hereby approved, and the
ingress and egress thereto, for the purpose of
Mayor and City Clerk be and they are hereby
erecting, installing, constructing, reconstructing,
authorized and directed to execute said plat for
repairing, owning, operating, and maintaining
and on behalf of the City of Dubuque, Iowa.
water, sewer, drainage, gas, telephone,
Section 2. The City of Dubuque reserves unto
television cable, fiber optics, and electric lines as
itself a perpetual easement including the right of
may be authorized by the City of Dubuque,
ingress and egress thereto, for the purpose of
Iowa.
st
erecting, installing, constructing, reconstructing,
Passed, approved and adopted this 1 day of
repairing, owning, operating, and maintaining
July, 2002.
water, sewer, drainage, gas, telephone,
Terrance M. Duggan, Mayor
television cable, fiber optics, and electric lines as
Attest: Jeanne F. Schneider, City Clerk
may be authorized by the City of Dubuque,
Published officially in the Telegraph Herald
th
Iowa.
newspaper this 9 day of July, 2002.
Section 3. That the City Clerk be and is hereby
Jeanne F. Schneider, City Clerk
authorized and directed to file said plat and
1t 7/9
certified copy of this resolution in the office of
Buol moved that the requirement that a
the Recorder in and for Dubuque County, Iowa.
proposed Ordinance be considered and voted
st
Passed, approved and adopted this 1 day of
on for passage at two Council Meetings prior to
July, 2002.
the meeting at which it is to be finally passed be
Terrance M. Duggan, Mayor
suspended and further moved final
Attest: Jeanne F. Schneider, City Clerk
consideration and passage of the Ordinance.
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 347-02
An Ordinance Vacating a portion of Southern RESOLUTION OF INTENT TO DISPOSE OF
Avenue (formerly platted as Stewart Street), CITY INTEREST IN LOT 6A OF SHIPTON’S
presented and read. ADDITION IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
ORDINANCE NO. 55-02
Whereas, David S. Hartig, Jr. has requested
ORDINANCE VACATING A PORTION OF
the vacating of a portion of Southern Avenue
SOUTHERN AVENUE (FORMERLY PLATTED
(formerly platted as Stewart Street); and
AS STEWART STREET)
Whereas, IIW Engineers & Surveyors, P.C.
Whereas, David S. Hartig, Jr. has requested
has prepared and submitted to the City Council
the vacating of a portion of Southern Avenue
a plat showing the vacated portion of Southern
(formerly platted as Stewart Street); and
Avenue (formerly platted as Stewart Street) and
Whereas, IIW Engineers & Surveyors, P.C.
assigned a lot number thereto, which hereinafter
has prepared and submitted to the City Council
shall be known and described as Lot 6A of
a plat showing the vacated portion of Southern
Shipton’s Addition in the City of Dubuque,
Avenue (formerly platted as Stewart Street) and
Dubuque County, Iowa; and
294 Regular Session, July 1, 2002
Whereas, the City Council of the City of of Corporation Counsel Barry Lindahl regarding
Dubuque, Iowa has determined that this portion the status of Sunset Ridge, presented and read.
of Southern Avenue (formerly platted as Stewart Buol moved that the communication be received
Street) is no longer required for public use, and filed. Seconded by Cline. Motion carried 7-
except for utility easements as noted, and 0.
RESOLUTION NO. 348-02
vacating and sale of said portions of alleys and
PRELIMINARY APPROVAL OF
streets known as Lot 6A of Shipton’s Addition in
PLANS AND SPECIFICATIONS
the City of Dubuque, Dubuque County, Iowa
should be approved. 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: That the proposed plans, specifications, form
Section 1. That the City of Dubuque intends to of contract and estimated cost for the Wartburg
dispose of its interest in Lot 6A of Shipton’s Place Reconstruction Project, in the estimated
Addition in the City of Dubuque, Dubuque amount of $705,667.60 are hereby approved
County, Iowa. and ordered filed in the office of the City Clerk
Section 2. That the conveyance of Lot 6A of for public inspection.
st
Shipton’s Addition in the City of Dubuque, Passed, adopted and approved this 1 day of
Dubuque County, Iowa to David S. Hartig, Jr. be July, 2002.
contingent upon the payment of $1,600.00, plus Terrance M. Duggan, Mayor
platting, publication and filing fees. Attest: Jeanne F. Schneider, CMC, City Clerk
Section 3. The City of Dubuque reserves unto Buol moved adoption of the Resolution.
itself a perpetual easement including the right of Seconded by Cline. Motion carried 7-0.
ingress and egress thereto, for the purpose of
RESOLUTION NO. 349-02
erecting, installing, constructing, reconstructing,
FIXING DATE OF HEARING
repairing, owning, operating, and maintaining
ON PLANS AND SPECIFICATIONS
water, sewer, drainage, gas, telephone,
television cable, fiber optics, and electric lines as Whereas, the City Council of the City of
may be authorized by the City of Dubuque, Dubuque, Iowa has given its preliminary
Iowa. approval on the proposed plans, specifications,
Section 4. That the City Clerk be and is hereby and form of contract and placed same on file in
authorized and directed to cause a notice of the office of the City Clerk for public inspection
intent to dispose of said real estate to be of the Wartburg Place Reconstruction Project.
published in the manner as prescribed by law. NOW THEREFORE, BE IT RESOLVED BY
st
Passed, approved and adopted this 1 day of THE CITY COUNCIL OF THE CITY OF
July, 2002. DUBUQUE, IOWA:
th
Terrance M. Duggan, Mayor That a public hearing will be held on the 5
Attest: Jeanne F. Schneider, City Clerk day of August, 2002, at 6:30 p.m. in the Public
Buol moved adoption of the Resolution and Library Auditorium at which time interested
further set this for public hearing at a meeting to persons may appear and be heard for or against
commence at 6:30 P.M. in the public library the proposed plans and specifications, form of
auditorium and that the City Clerk publish notice contract and cost of said improvement, and the
in the manner prescribed by law. Seconded by City Clerk be and is hereby directed to cause a
Cline. Motion carried 7-0. notice of time and place of such hearing to be
published in a newspaper having general
Stewart Annexation: City Manager requesting circulation in the City of Dubuque, Iowa, which
that a public hearing be set for August 5, 2002 to notice shall be not less than four days nor more
consider a voluntary annexation request of than twenty days prior to the day fixed for its
Wayne and Lynn Stewart for property located on consideration. At the hearing, any interested
Old Highway Road, presented and read. Buol person may appear and file objections to the
moved that the communication be received and proposed plans, specifications, contract, or
filed and set this for public hearing on 8/5/02 at a estimated cost of the improvement.
st
meeting to commence at 6:30 P.M. in the public Passed, adopted and approved this 1 day of
library auditorium and that the City Clerk publish July, 2002.
notice in the manner prescribed by law. Terrance M. Duggan, Mayor
Seconded by Cline. Motion carried 7-0. Attest: Jeanne, F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Wartburg Place Reconstruction Project – Seconded by Cline. Motion carried 7-0.
Initiate: City Manager recommending initiation
RESOLUTION NO. 350-02
of the bidding process for the Wartburg Place
RESOLUTION OF NECESSITY
Reconstruction Project and setting a public
hearing for August 5, 2002 and communication
Regular Session, July 1, 2002 295
Whereas, proposed plans have been duly introduced and is now on file in the City Clerk's
prepared and approved by the City Council of office for public inspection.
the City of Dubuque and are now on file in the NOW THEREFORE, BE IT RESOLVED BY
office of City Clerk showing among other things THE CITY COUNCIL OF THE CITY OF
the plans, specifications, form of contract, DUBUQUE, IOWA:
th
estimated cost and preliminary plat and That on the 5 day of August, 2002, a public
schedule showing the amount proposed to be hearing will be held at 6:30 p.m. in the Public
assessed against each lot and the valuation of Library Auditorium in the City of Dubuque at
each lot as filed by the City Council, for the which time the owners of property subject to
Wartburg Place Reconstruction Project. assessment for the proposed improvement or
NOW THEREFORE, BE IT RESOLVED BY any other person having an interest in the matter
THE CITY COUNCIL OF THE CITY OF may appear and be heard for or against the
DUBUQUE, IOWA: making of the improvement, the boundaries of
That the City Council deems it advisable and the district, the cost, the assessment against any
necessary for the public welfare to make the lot, or the final adoption of a resolution of
herein mentioned improvements, and unless necessity and the City Clerk be and is hereby
property owners at the time of the final authorized and directed to cause a notice of time
consideration of this proposed resolution have and place of such hearing to be published in a
on file with the City Clerk objections to the newspaper having general circulation in the City
resolution of necessity, they shall be deemed to of Dubuque, Iowa, which notice shall be
have waived all objections pertaining to the published once each week for two consecutive
regularity of the proceeding and the legality of weeks, the first publication of which shall be not
using the special assessment procedure. less than ten days prior to the day fixed for its
Said improvements shall be constructed and consideration. Unless property owners at the
done in accordance with the plans and time of the final consideration of this proposed
specifications which have been approved by the resolution have on file with the City Clerk
City Council and now on file with the City Clerk. objections to the Resolution of Necessity they
That the cost and expense of making such shall be deemed to have waived all objections
improvement will be assessed partially or totally thereto.
st
against privately owned property lying with the Passed, adopted and approved this 1 day of
assessment limits, and in an amount not to July, 2002.
exceed that provided by law, and in proportion to Terrance M. Duggan, Mayor
the special benefits conferred. Attest: Jeanne F. Schneider, City Clerk
The portion of the cost which shall be borne by Buol moved adoption of the Resolution.
the City will be paid from Road Use Tax, Seconded by Cline. Motion carried 7-0.
Sanitary Sewer Construction Fund, Watermain
RESOLUTION NO. 352-02
Construction Fund, and special assessment
RESOLUTION APPROVING PRELIMINARY
bonds may be issued in anticipation of deferred
SCHEDULE OF ASSESSMENTS
payments of assessments when a contract has
been performed and accepted, and the NOW THEREFORE,BE IT RESOLVED BY
proceeds thereof used to pay the contractor. THE CITY COUNCIL OF THE CITY OF
The above resolution was introduced, DUBUQUE, IOWA:
approved and ordered placed on file with the That the attached sheets, 1 to 1 inclusive, are
st
City Clerk this 1 day of July, 2002. hereby determined to be the schedule of
Approved and placed on file for final action. proposed assessments for the Wartburg Place
Terrance M. Duggan, Mayor Reconstruction Project and the valuations set
Attest: Jeanne F. Schneider, City Clerk out herein are hereby approved.
st
Buol moved adoption of the Resolution. Passed, approved and adopted this 1 day of
Seconded by Cline. Motion carried 7-0. July, 2002.
Terrance M. Duggan, Mayor
RESOLUTION NO. 351-02
Attest: Jeanne F. Schneider, CMC, City Clerk
FIXING DATE OF HEARING
Buol moved adoption of the Resolution.
ON RESOLUTION OF NECESSITY
Seconded by Cline. Motion carried 7-0.
Whereas, the City Council of the City of
RESOLUTION NO. 353-02
Dubuque, Iowa, has given its preliminary
ORDERING BIDS
approval on the proposed plans, specifications
and form of contract and placed same on file in NOW THEREFORE, BE IT RESOLVED BY
the office of the City Clerk for public inspection THE COUNCIL OF THE CITY OF DUBUQUE,
for the Wartburg Place Reconstruction Project; IOWA:
and That the Wartburg Place Reconstruction
Whereas, the proposed Resolution of Project is hereby ordered to be advertised for
Necessity for said improvement has been bids for construction.
296 Regular Session, July 1, 2002
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in Approved:__________________________2002
an amount which shall conform to the provisions
of the Notice to Bidders hereby approved as a Adopted:___________________________2002
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to ______________________________________
advertise for bids for the construction of the Mayor
improvements herein provided, to be published
in a newspaper having general circulation in the ______________________________________
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days ______________________________________
prior to the receipt of said bids at 2:00 p.m. on
th
the 25 day of July, 2002. Bids shall be opened ______________________________________
and read by the City Clerk at said time and will
be submitted to the Council for final action at ______________________________________
th
6:30 p.m. on the 5 day of August, 2002.
st
Passed, adopted and approved this 1 day of ______________________________________
July, 2002.
Terrance M. Duggan, Mayor ______________________________________
Attest: Jeanne F. Schneider, CMC, City Clerk Council Members
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0. Attest:
At 7:19 P.M. Buol moved to go into Closed ______________________________________
Session re: Pending Litigation - Chapter City Clerk
21.5(1)(c) 2001 Code of Iowa and Collective
Bargaining Strategy - Iowa Code Chapter
20.17(3). Seconded by Markham. Motion
carried 7-0.
At 7:59 P.M. Council reconvened Regular
Session and stated staff had been given proper
direction.
There being no further business, Michalski
moved to adjourn. Seconded by Buol. Motion
carried 7-0. The meeting adjourned at 8:00
P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 7/10
Special Session, July 15, 2002 297
Michalski moved adoption of the Resolution.
DUBUQUE
Seconded by Nicholson. Motion carried 7-0.
GOVERNING BOARD
‘
OF THE
There being no further business, Nicholson
MUNICIPAL HOUSING AGENCY
moved to adjourn. Seconded by Michalski.
OFFICIAL
Motion carried 7-0. The meeting adjourned at
6:23 P.M.
Governing Board of The Municipal Housing
Agency /s/ Jeanne F. Schneider, CMC
The Agency met Monday, July 15, 2002, at City Clerk
6:20 in the Public Library Auditorium 7/24
Present: Chairperson Duggan, Members Buol,
Connors, Markham, Michalski, Nicholson, Plein. Approved:__________________________2002
Absent: Member Cline.
Adopted:___________________________2002
Mayor Duggan read the call and stated this is
a session of the Governing Board of the
Municipal Housing Agency called for the ______________________________________
purpose of acting upon such business which Mayor
may properly come before the Governing Board.
______________________________________
Mainstream Program Voucher Application:
City Manager recommending approval of an ______________________________________
application to the U.S. Department of Housing
and Urban Development (HUD) for Section 8 ______________________________________
Mainstream Program housing vouchers,
presented and read. Michalski moved that the ______________________________________
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0. ______________________________________
RESOLUTION NO. 354-02
______________________________________
RESOLUTION APPROVING AN APPLICA-
Council Members
TION FOR SECTION 8 MAINSTREAM
PROGRAM HOUSING VOUCHERS
Attest:
Whereas, the City of Dubuque Municipal
Housing Agency Governing Board has ______________________________________
determined a need for additional assisted City Clerk
housing units for the City’s lower income
disabled households; and
Whereas, the Governing Board has reviewed
and considered a Mainstream Program voucher
application; and
Whereas, this application for additional
housing vouchers has been prepared for
submittal to the US Department of Housing and
Urban Development.
NOW, THEREFORE, BE IT RESOLVED BY
THE MUNICIPAL HOUSING AGENCY
GOVERNING BOARD OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The application is hereby approved
for submittal to the US Department of Housing
and Urban Development.
Section 2. The Chairperson of the Governing
Board is hereby authorized to sign the
application documents and resulting standard
annual contributions contracts.
th
Passed, approved and adopted this 15 day of
July, 2002.
Terrance M Duggan, Chairperson
Attest: Jeanne F Schneider, City Clerk
298 Regular Session, July 15, 2002
Corporation Counsel advising that the
DUBUQUE
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
CITY COUNCIL
Iowa Communities Assurance Pool: Shawn
OFFICIAL
Erickson for personal injury and vehicle damage;
PROCEEDINGS
Bernice Petersen for personal injury; Myra K.
Woodman for personal injury, presented and
City Council, Regular Session, July 15, 2002
read. Buol moved that the communications be
Council met in Regular Session at 6:30 P.M. in
received and filed and concurred. Seconded by
the Library Auditorium
Nicholson. Motion carried 6-0.
Present: Mayor Duggan, Council Members
Buol, Connors, Markham, Michalski, Nicholson,
Corporation Counsel recommending
City Manager Michael Van Milligen, Corporation
settlement of the claim of Eugene Conklin for
Counsel Barry Lindahl.
property damage and Finance Director to issue
Absent: Council Member Cline at roll call.
payment, presented and read. Buol moved that
the communications be received and filed and
Mayor Duggan read the call and stated this is
concurred directing Finance Director to issue
the regular session of the City Council called for
proper payment. Seconded by Nicholson.
the purpose of acting upon such business which
Motion carried 6-0.
may properly come before the City Council.
Corporation Counsel recommending denial of
Invocation was given by Reverend David
the claim of Daniel Kelly for vehicle damage,
McBride, Immanuel Congregational United
presented and read. Buol moved that the
Church of Christ.
communication be received and filed and
concurred. Seconded by Nicholson. Motion
Proclamation: Fair Week (July 23–28, 2002).
carried 6-0.
CONSENT ITEMS
Citizen Communications:
a. Communication of Scott A. Neuwoehner,
Minutes Submitted: Airport Commission of
Bricktown Brewery Complex, requesting that the
rd
6/24; City Council of 6/17; Civil Service
no parking signs recently installed on 3 Street
Commission of 6/6; Housing Commission of
and Main Street be changed from “No Parking
6/25; Human Rights Commission of 5/13; Park
from 1:00 a.m. to 6:00 a.m.” to “No Parking from
and Recreation Commission of 6/11, presented
3:00 a.m. to 6:00 a.m.”, presented and read.
and read. Buol moved that the minutes be
Buol moved that the communication be received
received and filed. Seconded by Nicholson.
and filed and referred to the City Manager.
Motion carried 6-0.
Seconded by Nicholson. Motion carried 6-0.
b. Communication of Vincent P. Brannon
Proof of publication of City Council
requesting to purchase a portion of City property
Proceedings for June 17, 2002, presented and
in the 3200 block of Central Avenue, presented
and read. Buol moved that the communication
read. Buol moved that the proof be received and
be received and filed and referred to the City
filed. Seconded by Nicholson. Motion carried 6-
Manager. Seconded by Nicholson. Motion
0.
carried 6-0.
c. Communication of Tom and Alice Blaine
Notice of Claims/Suits: Shawn Erickson in
regarding the proposed upgrading and extension
estimated amount of $800 for motorcycle
of Bonson Road and requesting that it not be
damage; Ruth Griesinger in estimated amount of
done, presented and read. Buol moved that the
$200 for vehicle damage; Design Center, Inc. in
communication be received and filed and
estimated amount of $4,885.81 for property
referred to the City Manager. Seconded by
damage; Mary McAleece Fuhrman in estimated
Nicholson. Motion carried 6-0.
amount of $24,500 for property damage; Myra
d. Communication of Cathy and Thomas Marty
and Stanley Woodman in undetermined amount
expressing concern about the proposed
for personal injury; Attorney Benjamin J. Roth for
extension of Bonson Road, presented and read.
James A. Daniel in undetermined amount for
Buol moved that the communication be received
personal injury; Zurich American Insurance
and filed and referred to the City Manager.
Company for Bernice Petersen in undetermined
Seconded by Nicholson. Motion carried 6-0.
amount for personal injury, presented and read.
e. Communication from John McDermott,
Buol moved that the claims and suits be referred
Loras College, requesting an easement for a
to the Legal Staff for investigation and report.
public sidewalk, presented and read. Buol
Seconded by Nicholson. Motion carried 6-0.
moved that the communication be received and
Regular Session, July 15, 2002 299
filed and referred to the City Manager. Lot 1 and Lot 2 of Higley Place – Final Plat:
Seconded by Nicholson. Motion carried 6-0. Zoning Advisory Commission recommending
f. Communication from Donald K. Nelson approval of the final plat of Lot 1 and Lot 2 of
regarding Mediacom, presented and read. Buol Higley Place located north of U.S. Highway 20,
moved that the communication be received and west of the Swiss Valley Road intersection,
filed and referred to the City Manager. presented and read. Buol moved that the
Seconded by Nicholson. Motion carried 6-0. communication be received and filed. Seconded
g. Communication from Lloyd S. Gudenkauf by Nicholson. Motion carried 6-0.
requesting final acceptance of Jaeger Heights
RESOLUTION NO. 356-02
Subdivision #2 – Phase Three and the
RESOLUTION APPROVING THE FINAL PLAT
installation of stop signs, presented and read.
OF LOT 1 AND LOT 2 OF HIGLEY PLACE IN
Buol moved that the communication be received
DUBUQUE COUNTY, IOWA.
and filed and referred to the City Manager.
Seconded by Nicholson. Motion carried 6-0. Whereas, there has been filed with the City
Clerk a final plat of Lot 1 and Lot 2 of Higley
Great Western Subdivision No. 4 – Final Plat:
Place in Dubuque County, Iowa; and
Whereas, said plat provides Lot 2 with 0 feet of
Zoning Advisory Commission recommending
lot frontage, where 50 feet is required by Section
approval of the final plat of Great Western
42-19(b) of the Subdivision Regulations; and
Subdivision No. 4 located on Peru Road,
Whereas, said final plat has been examined by
presented and read. Buol moved that the
the Zoning Advisory Commission and had its
communication be received and filed. Seconded
approval endorsed thereon; and
by Nicholson. Motion carried 6-0.
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
RESOLUTION NO. 355-02
the statutes and ordinances relating thereto.
RESOLUTION APPROVING THE FINAL PLAT
NOW THEREFORE, BE IT RESOLVED BY
OF GREAT WESTERN SUBDIVISION NO. 4 IN
THE CITY COUNCIL OF THE CITY OF
THE CITY OF DUBUQUE, IOWA
DUBUQUE, IOWA:
Whereas, there has been filed with the City
Section 1. That Section 42-19(b) of the
Clerk a Final Plat of Great Western Subdivision
Subdivision Regulations is waived to allow Lot 2
No. 4 in the City of Dubuque, Iowa and
to have 0 feet of frontage, where 50 feet is
Whereas, said plat provides Lot 1 with 24.52
required.
feet of lot frontage, where 50 feet is required by
Section 2. That the final plat of Lot 1 and Lot 2
Section 42-19(b) of the Subdivision Regulations;
of Higley Place is hereby approved, and the
and
Mayor and City Clerk are hereby authorized and
Whereas, said plat of survey has been
directed to endorse the approval of the City of
examined by the Zoning Advisory Commission
Dubuque, Iowa upon said final plat.
and had its approval endorsed thereon; and
th
Passed, approved and adopted this 15 day of
Whereas, said plat of survey has been
July 2002.
examined by the City Council and they find that
Terrance M. Duggan, Mayor
it conforms to the statutes and ordinances
Attest: Jeanne F. Schneider, City Clerk
relating thereto.
Buol moved adoption of the Resolution.
NOW THEREFORE, BE IT RESOLVED BY
Seconded by Nicholson. Motion carried 6-0.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Miller-Riverview Park Campsite Rewiring
Section 1. That Section 42-19(b) of the
Project: City Manager recommending
Subdivision Regulations is waived to allow Lot 1
acceptance of the Miller-Riverview Park
with 24.52 feet of lot frontage, where 50 feet is
Campsite Rewiring Project in the final contract
required.
Section 2. That the Final Plat Great Western
amount of $66,549.69, presented and read.
Subdivision No. 4 is hereby approved, and the
Buol moved that the communication be received
Mayor and City Clerk are hereby authorized and
and filed. Seconded by Nicholson. Motion
directed to endorse the approval of the City of
carried 6-0.
Dubuque, Iowa upon said final plat.
Passed, approved and adopted this 15th day
RESOLUTION NO. 357-02
of July 2002.
ACCEPTING IMPROVEMENT
Terrance M. Duggan, Mayor
WHEREAS, the contract for the Miller-
Attest: Jeanne F. Schneider, City Clerk
Riverview Park Campsite Re-Wiring Project has
Buol moved adoption of the Resolution.
been completed and the City Manager has
Seconded by Nicholson. Motion carried 6-0.
examined the work and filed his certificate
stating that the same has been completed
300 Regular Session, July 15, 2002
recommendation approved. Seconded by
according to the terms of the contract, plans and
specifications and recommends its acceptance.
Nicholson. Motion carried 6-0.
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
Five Points Comprehensive Housing
DUBUQUE, IOWA:
Rehabilitation Project: City Manager
1. That the recommendation of the City
recommending approval of the publication of the
Manager be approved and that said
Combined Notice of No Significant Impact on the
improvement be and the same is hereby
Environment and Notice of Intent to Request
accepted.
Release of Funds for the Five Points
BE IT FURTHER RESOLVED that the City
Comprehensive Housing Rehabilitation Project,
Treasurer be and he is hereby directed to pay to
presented and read. Buol moved that the
the contractor from the General Fund in amount
communication be received and filed. Seconded
equal to the amount of his contract, less any
by Nicholson. Motion carried 6-0.
retained percentage provided for therein.
Passed, approved and adopted this 15th day
RESOLUTION NO. 359-02
of July, 2002.
A RESOLUTION AUTHORIZING PUBLICA-
Terrance M. Duggan, Mayor
TION OF A COMBINED NOTICE OF FINDING
Attest: Jeanne F. Schneider, City Clerk
OF NO SIGNIFICANT IMPACT ON THE
Buol moved adoption of the Resolution.
ENVIRONMENT AND NOTICE OF INTENT TO
Seconded by Nicholson. Motion carried 6-0.
REQUEST RELEASE OF HOME INVESTMENT
RESOLUTION NO. 358-02 PARTNERSHIP PROGRAM AND SPECIAL
FINAL ESTIMATEPURPOSE GRANT (SPG) FUNDS FOR THE
FIVE POINTS COMPREHENSIVE HOUSING
WHEREAS, the contract for the MILLER-
REHABILITATION PROJECT.
RIVERVIEW PARK CAMPSITE RE-WIRING
PROJECT has been completed and the Whereas, the City of Dubuque has received a
Engineer has submitted his final estimate HOME Investment Partnership Program grant
showing the cost thereof including the cost of from the Iowa Department of Economic
estimates, notices and inspection and all Development (IDED) and a Special Purpose
miscellaneous costs; Grant (SPG) from the U.S. Department of
NOW, THEREFORE, BE IT RESOLVED, BY Housing and Urban Development; and
THE CITY COUNCIL OF THE CITY OF Whereas, pursuant to the rules and regulations
DUBUQUE, IOWA: as promulgated by the Iowa Department of
Section 1. That the cost of said improvement is Economic Development and U.S. Department of
hereby determined to be $66,549.69, and the Housing and Urban Development, an
said amount shall be paid from the General environmental review has been processed for
Fund of the City of Dubuque, Iowa. the Five Points Comprehensive Housing
Passed, approved and adopted this 15th day Rehabilitation project.
of July, 2002. Whereas, based on said environmental review,
Terrance M. Duggan, Mayor the Housing and Community Development
Attest: Jeanne F. Schneider, City Clerk Department has determined that said project will
Buol moved adoption of the Resolution. have no significant impact on the environment;
Seconded by Nicholson. Motion carried 6-0. and
Whereas, a combined notice of "Finding of No
Golf Cart Lease Agreement: City Manager Significant Impact on the Environment" and of
recommending approval of an amendment to the "Intent to Request Release of Funds" for said
City’s lease agreement with Yamaha Leasing to project has been sent by regular mail to various
change the number of leased carts from forty to tribal, federal, state and local public agencies; to
fifty, presented and read. Buol moved that the the appropriate Regional Office of the
communication be received and filed and Environmental Protection Agency, to the HUD
approved recommendation. Seconded by Area Office and to the local news media,
Nicholson. Motion carried 6-0. individuals and groups known to be interested
and believed to be appropriate to receive such a
Transportation Enhancement Program Project:
notice; and
Whereas, any and all comments received as a
City Manager recommending approval of a
result of such notice will be duly considered
Transportation Enhancement Program Project
before proceeding with a Request for Release of
Agreement with the Iowa Department of
Funds and Certification.
Transportation for Phase II (Hill and Bryant
NOW, THEREFORE, BE IT RESOLVED BY
Street area) of the Highway 20 landscaping
THE CITY COUNCIL OF THE CITY OF
project, presented and read. Buol moved that
DUBUQUE, IOWA:
the communication be received and filed and
Regular Session, July 15, 2002 301
Section 1. That the City Clerk be and is that the communication be received and filed
hereby authorized and directed to publish a and approved recommendation. Seconded by
combined Notice of Finding of No Significant Nicholson. Motion carried 6-0.
Impact on the Environment and Notice of Intent
Environmental Stewardship Advisory
to Request Release of Funds for the Five Points
Comprehensive Housing Rehabilitation project
Commission: Leslee Ditzig Spraggins submitting
and to make the Environmental Review Record
her resignation from the Environmental
for said project available for public inspection
Stewardship Advisory Commission, presented
and comment until 5:00 p.m. on August 5, 2002.
and read. Buol moved that the communication
Such notice shall be in the form of Exhibit "A"
be received and filed and accepted with regret.
attached hereto and made a part hereof.
Seconded by Nicholson. Motion carried 6-0.
Section 2. That the environmental review
record for the project shall be placed on file in
National Scenic Byways Grant Agreement:
the office of the Housing and Community
City Manager recommending approval of an
Development Department where said record
agreement with the Iowa Department of
may be examined and copied by any interested
Transportation for the Dubuque County
party.
Historical Society’s National Scenic Byways
Section 3. That the Mayor of the City of
grant application, presented and read. Buol
Dubuque is hereby authorized and directed to
moved that the communication be received and
submit to the Iowa Department of Economic
filed and approved recommendation. Seconded
Development and U.S. Department of Housing
by Nicholson. Motion carried 6-0.
and Urban Development fifteen (15) days after
publication of appropriate notice a Request for
Mutual Aid Agreements: City Manager
Release of Funds to undertake the said project.
recommending approval of mutual aid response
Section 4. That the Mayor of the City of
agreements between the Fire Department and
Dubuque is hereby authorized to consent to
the City of East Dubuque and the Dubuque
assume the status of a responsible federal
County Emergency Medical Service Association,
official under the National Environmental
presented and read. Buol moved that the
Protection Act, insofar as the provisions of the
communication be received and filed and
said Act apply to the Iowa Department of
approved recommendation. Seconded by
Economic Development and U.S. Department of
Nicholson. Motion carried 6-0.
Housing and Urban Development
responsibilities for review, decision making, and
Community Economic Betterment Account
action assumed and carried out by the City of
Loan – Quebecor World Dubuque, Inc.: City
Dubuque as to environmental issues.
Manager recommending approval of a
Section 5. That the Mayor of the City of
Community Economic Betterment Account
Dubuque is hereby authorized to consent
(CEBA) loan agreement of $345,000 by and
personally, in his official capacity and on behalf
among the Iowa Department of Economic
of the City of Dubuque, to accept the jurisdiction
of the federal courts if an action is brought to
Development, Quebecor World Dubuque, Inc.,
enforce responsibilities in relation to
and the City of Dubuque, presented and read.
environmental review, decision-making and
Buol moved that the communication be received
action.
and filed. Seconded by Nicholson. Motion
Section 6. That the Mayor of the City of
carried 6-0.
Dubuque be and he is hereby authorized and
directed to execute a certification pertaining to
RESOLUTION NO. 360-02
the environmental review procedures.
A RESOLUTION AUTHORIZING THE
th
Passed, approved and adopted this 15 day of
EXECUTION OF A COMMUNITY ECONOMIC
July 2002.
BETTERMENT ACCOUNT LOAN AGREE-
Terrance M. Duggan, Mayor
MENT FOR THREE HUNDRED FORTY-FIVE
Attest: Jeanne F. Schneider, City Clerk
THOUSAND DOLLARS ($345,000) WITH
Buol moved adoption of the Resolution.
QUEBECOR WORLD DUBUQUE, INC.
Seconded by Nicholson. Motion carried 6-0.
Whereas, the Community Economic
Betterment Account (CEBA) program has been
Federal Mediation and Conciliation Service
created by the Iowa Department of Economic
Grant Application: City Manager recommending
Development to assist in the economic
approval of a grant application by the City’s
development efforts of local jurisdictions; and
Health Care Committee to the Federal Mediation
Whereas, on March 21, 2002, the City of
and Conciliation Service for outside facilitation
Dubuque, Iowa was awarded a three hundred
services for committee meetings, an annual
forty-five thousand dollar ($345,000)
action planning process, and grant program
loan/forgivable loan from the CEBA program by
administration, presented and read. Buol moved
302 Regular Session, July 15, 2002
the Iowa Department of Economic Development; NOW THEREFORE, BE IT RESOLVED BY
and THE CITY COUNCIL OF THE CITY OF
Whereas, the City of Dubuque, Iowa desires to DUBUQUE, IOWA:
assist Quebecor World Dubuque, Inc. in its Section 1. That the City Manager is hereby
efforts to expand its operations in Dubuque and designated to be the City of Dubuque’s
create new, permanent employment Authorized Representative for the purpose of
opportunities for local citizens; and obtaining Federal/State finance assistance
Whereas, a CEBA Loan Agreement, hereto under the Disaster Relief Act or otherwise
attached and by this reference made a part available from the President’s Disaster Relief
hereof, is to be executed between the Iowa Fund and Iowa Code Chapter 29C. The
Department of Economic Development, Finance Director is authorized and directed to
Quebecor World Dubuque, Inc. and the City of provide information in these matters.
th
Dubuque, Iowa. Passed, approved and adopted this 15 day
NOW, THEREFORE, BE IT RESOLVED BY of July, 2002.
THE CITY COUNCIL OF THE CITY OF Terrance M. Duggan, Mayor
DUBUQUE, IOWA: Attest: Jeanne F. Schneider, City Clerk
Section 1. That the Mayor and Corporation Buol moved adoption of the Resolution.
Counsel be and they are hereby authorized and Seconded by Nicholson. Motion carried 6-0.
directed to endorse, on behalf of the City
Council of the City of Dubuque, Iowa, the Civil Service Commission: Civil Service
attached CEBA Loan Agreement. Commission submitting the certified list for the
Section 2. That the City Manager be and he is position of Transit Dispatcher/Scheduler,
hereby authorized to disburse loan funds to presented and read.
Quebecor World Dubuque, Inc. from the CEBA
program in accordance with the terms and July 2, 2002
conditions of the executed Agreement. Honorable Mayor and Members of the City
Passed, approved and adopted this 15th day Council
of July, 2002. In accordance with Chapter 400 of the 2001
Terrance M. Duggan, Mayor Code of Iowa, an examination for the position of
Attest: Jeanne F. Schneider, City Clerk Transit Dispatcher/Scheduler was given on June
Buol moved adoption of the Resolution. 11, 2002. We hereby certify that the individuals
Seconded by Nicholson. Motion carried 6-0. listed below have passed this written
examination and the vacancy for this position
Designation of City Representative for FEMA
should be made from this list and that this list is
good for two (2) years from above date.
Assistance: City Manager recommending that he
TRANSIT DISPATCHER/SCHEDULER
be designated as the City’s representative for
Gary M. Nauman Barbara Miller
FEMA assistance for the severe storms and
Richard Kennicker Joseph D. Gruber
flooding that began on June 3, 2002, presented
Susan Bries Martin Recker
and read. Buol moved that the communication
Paula F. Kidd John Rotz
be received and filed. Seconded by Nicholson.
Ellen M. Hornung Lisa M. Elgin
Motion carried 6-0.
Lori L. Menke Raymond J. Larson
Rita A. Larkin Jody Hallahan
RESOLUTION NO. 361-02
Karen Griffin Dawn M. Knockel
RESOLUTION DESIGNATING THE CITY
Charlotte R. Heitkamp Bruce Greenwood
MANAGER AS THE CITY OF DUBUQUE’S
Chris L. Plumley Carole D. Nelson
AUTHORIZED REPRESENTATIVE FOR
Chad A. Berendes Edith J. Goedken
SIGNING AND FILING DOCUMENTS TO
Russell A. Kenseth David C. Morris
OBTAIN FEDERAL / STATE FINANCE
Douglas S. Stahr Judy A. Reisdorf
ASSISTANCE UNDER THE DISASTER
Danielle A. Murphy Kara Pugh
RELIEF ACT
Wayne M. Ries Jason A. Munson
Whereas, the City of Dubuque received a
Respectfully submitted,
Presidential Declaration as a disaster area as
/s/ Merle Duehr, Chairperson
the result of severe storms and flooding
/s/ Loras Kluesner
beginning June 3, 2002; and,
Richard Wertzberger
Whereas, the State of Iowa requires the City of
Civil Service Commission
Dubuque to designate a representative for
Buol moved to make this above certification a
purpose of obtaining Federal/State finance
matter of record. Seconded by Nicholson.
assistance under the Disaster Relief Act (PL 93-
Motion carried 6-0.
288, as amended) or otherwise available from
the President’s Disaster Relief Fund and the
Naming of the Education and Conference
Code of Iowa, Chapter 29C.
Center: City Manager recommending approval
Regular Session, July 15, 2002 303
to begin the process of developing options and a Buol moved adoption of the Resolution.
recommendation on the final name of the new Seconded by Nicholson. Motion carried 6-0.
convention facility, presented and read. Buol
RESOLUTION NO. 363-02
moved that the communication be received and
filed and approved recommendation. Seconded Whereas, applications for Liquor Licenses
by Nicholson. Motion carried 6-0. have been submitted to this Council for approval
and the same have been examined and
Health Care Committee: City Manager approved; and
recommending approval of an amendment to the Whereas, the premises to be occupied by such
structure of the City’s Health Care Committee, applicants were inspected and found to comply
presented and read. Buol moved that the with the State Laws and all City Ordinances
communication be received and filed and relevant thereto and they have filed proper
approved recommendation. Seconded by bonds.
Nicholson. Motion carried 6-0. Mike Gabriel of NOW, THEREFORE, BE IT RESOLVED BY
the Firefighters’ Assn. spoke to this issue. THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Fireworks Display: Communication from the That the Manager be authorized to cause to be
Dubuque Jaycees, KDTH, KATF and KGRR issued the following named applicants a Liquor
Radio to conduct a fireworks display on License.
Thursday, July 3, 2003 on Volunteer Road CLASS “C” BEER/LIQUOR LICENSE
between Hawthorne and Lime, presented and House of China Co. House of China
read. Buol moved that the communication be +(Sunday Sale) 170 JFK Rd
received and filed and approved Mad Hatters Inc. Mad Hatters
recommendation. Seconded by Nicholson. 1091 Main St
Motion carried 6-0. City of Dubuque Five Flags Civic Center+
(Sunday Sale) 405 Main St
Dubuque County Historical Society: Request CLASS “B” WINE
of the Dubuque County Historical Society to Mildred Dolter Basket Expressions
transfer their liquor license from the Ryan House 474 Bluff St
th
to the parking lot north of the Third Street Passed, approved and adopted this 15 day of
overpass for the 2002 Taste of Dubuque, July, 2002.
presented and read. Buol moved that the Terrance M. Duggan, Mayor
communication be received and filed and Attest: Jeanne F. Schneider, City Clerk
approved recommendation. Seconded by Buol moved adoption of the Resolution.
Nicholson. Motion carried 6-0. Seconded by Nicholson. Motion carried 6-0.
Business Licenses: BOARDS/COMMISSIONS
RESOLUTION NO. 362-02
Applicants are invited to address the Council
Whereas, applications for Beer Permits have regarding their desire to serve on the following
been submitted and filed to this Council for Board:
approval and the same have been examined TRANSIT BOARD OF TRUSTEES (Three 3-
and approved: and year terms of Enderson, Lightcap, and Sand to
Whereas, the premises to be occupied by such expire 7/30/05). Applicants:George O.
applicants were inspected and found to comply Enderson, Joel Lightcap, Michael W. Sand. No
with the Ordinances of the City and have filed one spoke.
proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY Appointments to the following Boards /
THE CITY COUNCIL OF THE CITY OF Commissions:
HISTORIC PRESERVATION COMMISSION
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
(Three 3-year terms to expire 7/1/05
issued the following named applicants a Beer
representing Old Main District, Langworthy
Permit.
District and Architect/At Large; and one
CLASS “B” BEER PERMIT
unexpired 3-year term to expire 7/1/04
(1-DAY SPECIAL EVENT)
th
representing West 11 District): Applicants:
Dubuque Jaycees Dubuque Jaycees
Terry Mozena (Langworthy District); Christopher
Main St-Town Clock
J. Wand (Architect/At Large). Markham moved
Passed, approved and adopted this 15th day
that Terry Mozena and Christopher J. Wand be
of July, 2002.
reappointed to three year terms which will expire
Terrance M. Duggan, Mayor
7/1/05. Seconded by Buol. Motion carried 6-0.
Attest: Jeanne F. Schneider, City Clerk
304 Regular Session, July 15, 2002
HOUSING COMMISSION (Two unexpired NOW, THEREFORE, BE IT RESOLVED BY
terms expiring 8/17/02 and 8/17/03): Applicant:THE CITY COUNCIL OF THE CITY OF
Danita L. Galdick. Markham moved that Danita DUBUQUE, IOWA:
L. Galdick be appointed to the unexpired term Section 1. That the sale of City of Dubuque
which will expire 8/17/03. Seconded by real property described as Lot 119A of Lenox
Nicholson. Motion carried 6-0. Addition in the City of Dubuque, Iowa to Michael
TV CABLE REGULATORY COMMISSION W. and Sally A. Basten be and the same is
(Two 3-year terms of Tigges and Webster to hereby approved for the sum of $573.78 plus
expire 6/30/05, one unexpired term to expire cost of publication, platting and filing fees.
.
6/30/04)Applicants: Danita L. Galdick, Ronald Conveyance shall be by Quit Claim Deed.
Tigges; Walter Webster. Markham moved that Section 2. The City of Dubuque reserves unto
Ronald Tigges and Walter Webster be itself a perpetual easement including the right of
reappointed to three year terms which will expire ingress and egress thereto, for the purpose of
6/30/05. Seconded by Michalski. Motion erecting, installing, constructing, reconstructing,
carried 6-0. repairing, owning, operating, and maintaining
TV CABLE TELEPROGRAMMING COM-water, sewer, drainage, gas, telephone,
MISSION (Three 3-year terms of Allen, television cable, fiber optics, and electric lines as
Wanamaker, and Hoverman to expire 6/30/05, may be authorized by the City of Dubuque,
two unexpired 3-year terms to expire 6/30/03. Iowa, as shown on the Plat of Survey of Lot
Applicant:Daniel B. Wilant. Markham moved 119A of Lenox Addition in the City of Dubuque,
that Daniel B. Wilant be appointed to a three Iowa.
year term to expire 6/30/05. Seconded by Section 3. That the Mayor be authorized and
Connors. Motion carried 6-0. directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
PUBLIC HEARINGS directed to deliver said deed of conveyance to
Michael W. and Sally A. Basten upon receipt of
Michalski moved that the rules be suspended
the purchase price in full.
Section 4. That the City Clerk be and is hereby
to allow anyone present to address the Council if
authorized and directed to record a certified
they so desire. Seconded by Buol. Motion
copy of this resolution in the offices of the City
carried 6-0.
Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Van Buren Street – Vacating Petition: Proof of
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Passed, approved and adopted this 15 day of
publication on notice of hearing and City
July, 2002.
Manager recommending approval of a request
Terrance M. Duggan, Mayor
from Michael and Sally Basten to purchase Lot
Attest: Jeanne F. Schneider, City Clerk
119A of Lenox Addition, presented and read.
Buol moved adoption of the Resolution.
Buol moved that the proof be received and filed.
Seconded by Connors. Motion carried 6-0.
Seconded by Connors. Motion carried 6-0.
Southern Avenue – Vacating Petition: Proof of
RESOLUTION NO. 364-02
publication on notice of hearing and City
RESOLUTION DISPOSING OF CITY
Manager recommending approval of a request
INTEREST IN LOT 119A OF LENOX
from David S. Hartig, Jr., to purchase Lot 61 of
ADDITION IN THE CITY OF DUBUQUE, IOWA
Shipton’s Addition, presented and read.
Whereas, pursuant to resolution and published
Markham moved that the proof be received and
notice of time and place of hearing, published in
filed. Seconded by Connors. Motion carried 6-
the Telegraph Herald, a newspaper of general
0.
circulation published in the City of Dubuque,
Iowa on this 5th day of July, 2002, the City
RESOLUTION NO. 365-02
Council of the City of Dubuque, Iowa met on the
RESOLUTION DISPOSING OF CITY
15th day of July, 2002, at 6:30 p.m. in the Public
INTEREST IN LOT 6A OF SHIPTON’S
Library Auditorium, 360 West 11 Street,
ADDITION IN THE CITY OF DUBUQUE,
Dubuque, Dubuque County, Iowa to consider
DUBUQUE COUNTY, IOWA
the proposal for the sale of real estate described
Whereas, pursuant to resolution and published
as:
notice of time and place of hearing, published in
Lot 119A of Lenox Addition in the City of
the Telegraph Herald, a newspaper of general
Dubuque, Dubuque County, Iowa
circulation published in the City of Dubuque,
Whereas, the City Council of the City of
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Iowa on this 5 day of July, 2002, the City
Dubuque, Iowa overruled any and all objections,
Council of the City of Dubuque, Iowa met on the
oral or written to the proposal to sell such real
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15 day of July, 2002, at 6:30 p.m. in the Public
estate, except for easement as noted.
Library Auditorium, 360 West 11 Street,
Dubuque, Dubuque County, Iowa to consider
Regular Session, July 15, 2002 305
the proposal for the sale of real estate described Whereas, notice of hearing on plans,
as: specifications, form of contract, and estimated
Lot 6A of Shipton’s Addition in the City of cost was published as required by law.
Dubuque, Dubuque County, Iowa NOW THEREFORE, BE IT RESOLVED BY
Whereas, the City Council of the City of THE CITY COUNCIL OF THE CITY OF
Dubuque, Iowa overruled any and all objections, DUBUQUE, IOWA:
oral or written to the proposal to sell such real That the said plans, specifications, form of
estate, except for easement as noted. contract and estimated cost are hereby
NOW, THEREFORE, BE IT RESOLVED BY approved as the plans, specifications, form of
THE CITY COUNCIL OF THE CITY OF contract and estimated cost for said
DUBUQUE, IOWA: improvements for said project.
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Section 1. That the sale of City of Dubuque Passed, adopted and approved this 15 day of
real property described as Lot 6A of Shipton’s July, 2002.
Addition in the City of Dubuque, Dubuque Terrance M. Duggan, Mayor
County, Iowa to David S. Hartig, Jr. be and the Attest: Jeanne F. Schneider, City Clerk
same is hereby approved for the sum of Buol moved adoption of the Resolution.
$1,600.00 plus cost of publication, platting and Seconded by Nicholson. Motion carried 6-0.
filing fees. Conveyance shall be by Quit Claim
Deed. Jackson Street/West Locust Resurfacing
Section 2. The City of Dubuque reserves unto Project: Proof of publication on notice of hearing
itself a perpetual easement including the right of on plans and specifications and City Manager
ingress and egress thereto, for the purpose of recommending approval of the Jackson
erecting, installing, constructing, reconstructing, Street/West Locust Street Resurfacing Project,
repairing, owning, operating, and maintaining presented and read. Buol moved that the proof
water, sewer, drainage, gas, telephone, be received and filed. Seconded by Connors.
television cable, fiber optics, and electric lines as Motion carried 6-0.
may be authorized by the City of Dubuque,
RESOLUTION NO. 367-02
Iowa.
RESOLUTION ADOPTING
Section 3. That the Mayor be authorized and
PLANS AND SPECIFICATIONS
directed to execute a Quit Claim Deed, and the
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City Clerk be and is hereby authorized and Whereas, on the 12 day of June, 2002, plans,
directed to deliver said deed of conveyance to specifications, form of contract and estimated
David S. Hartig, Jr. upon receipt of the purchase cost were filed with the City Clerk of Dubuque,
price in full. Iowa for the Jackson Street and West Locust
Section 4. That the City Clerk be and is hereby Street Resurfacing Project.
authorized and directed to record a certified Whereas, notice of hearing on plans,
copy of this resolution in the offices of the City specifications, form of contract, and estimated
Assessor, Dubuque County Recorder and cost was published as required by law.
Dubuque County Auditor. NOW THEREFORE, BE IT RESOLVED BY
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Passed, approved and adopted this 15 day of THE CITY COUNCIL OF THE CITY OF
July, 2002. DUBUQUE, IOWA:
Terrance M. Duggan, Mayor That the said plans, specifications, form of
Attest: Jeanne F. Schneider, City Clerk contract and estimated cost are hereby
Markham moved adoption of the Resolution. approved as the plans, specifications, form of
Seconded by Connors. Motion carried 6-0. contract and estimated cost for said
improvements for said project.
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Heritage Trail Extension Project: Proof of Passed, adopted and approved this 15 day of
publication on notice of hearing on plans and July, 2002.
specifications and City Manager recommending Terrance M. Duggan, Mayor
approval for the Heritage Trail Extension project, Attest: Jeanne F. Schneider, City Clerk
presented and read. Buol moved that the proof Buol moved adoption of the Resolution.
be received and filed. Seconded by Nicholson. Seconded by Connors. Motion carried 6-0.
Motion carried 6-0.
Bell Street/Fifth Street Construction Project:
RESOLUTION NO. 366-02
Proof of publication on notice of hearing on
RESOLUTION ADOPTING
plans and specifications and City Manager
PLANS AND SPECIFICATIONS
recommending approval of the Bell Street/Fifth
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Whereas, on the 12 day of June, 2002, plans, Street Construction Project, as amended,
specifications, form of contract and estimated presented and read. Michalski moved that the
cost were filed with the City Clerk of Dubuque, proof be received and filed. Seconded by
Iowa for the Heritage Trail Extension Project. Connors. Motion carried 6-0.
306 Regular Session, July 15, 2002
RESOLUTION NO. 368-02
Michalski moved adoption of the Resolution.
RESOLUTION ADOPTING THE AMENDED
Seconded by Connors. Motion carried 6-0.
PLANS AND SPECIFICATIONS
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Whereas, on the 10 day of July, 2002, the 2002 Maintenance Dredging Project – Ice
amended plans, specifications, form of contract Harbor Flood Control Gates: Proofs of
and estimated cost were filed with the City Clerk publication on notice of hearing on plans and
of Dubuque, Iowa for the Bell Street specifications and notice to bidders on the
Construction Project. receipt of bids, and City Manager recommending
Whereas, notice of hearing on the amended award of the contract for the 2002 Maintenance
plans, specifications, form of contract, and Dredging Project – Ice Harbor Flood Control
estimated cost was published as required by Gates to J.F. Brennan Company in the amount
law. of $89,950.00, presented and read. Buol
NOW THEREFORE, BE IT RESOLVED BY moved that the proofs and communication be
THE CITY COUNCIL OF THE CITY OF received and filed. Seconded by Markham.
DUBUQUE, IOWA: Motion carried 6-0.
That the said amended plans, specifications,
RESOLUTION NO. 370-02
form of contract and estimated cost are hereby
RESOLUTION ADOPTING
approved as the amended plans, specifications,
PLANS AND SPECIFICATIONS
form of contract and estimated cost for said
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improvements for said project. Whereas, on the 12 day of June, 2002, plans,
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Passed, adopted and approved this 15 day of specifications, form of contract and estimated
July, 2002. cost were filed with the City Clerk of Dubuque,
Terrance M. Duggan, Mayor Iowa for the 2002 Maintenance Dredging Project
Attest: Jeanne F. Schneider, City Clerk – Ice Harbor Flood Control Gate Structure.
Michalski moved adoption of the Resolution. Whereas, notice of hearing on plans,
Seconded by Connors. Motion carried 6-0. specifications, form of contract, and estimated
cost was published as required by law.
RESOLUTION NO. 369-02
NOW THEREFORE, BE IT RESOLVED BY
ORDERING BIDS
THE CITY COUNCIL OF THE CITY OF
NOW THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA:
THE COUNCIL OF THE CITY OF DUBUQUE, That the said plans, specifications, form of
IOWA: contract and estimated cost are hereby
That the Bell Street Construction Project is approved as the plans, specifications, form of
hereby ordered to be advertised for bids for contract and estimated cost for said
construction. improvements for said project.
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BE IT FURTHER RESOLVED, that the amount Passed, adopted and approved this 15 day of
of the security to accompany each bid shall be in July, 2002.
an amount which shall conform to the provisions Terrance M. Duggan, Mayor
of the Notice to Bidders hereby approved as a Attest: Jeanne F. Schneider, City Clerk
part of the plans and specifications heretofore Buol moved adoption of the Resolution.
adopted. Seconded by Markham. Motion carried 6-0.
That the City Clerk is hereby directed to
RESOLUTION NO. 371-02
advertise for bids for the construction of the
AWARDING CONTRACT
improvements herein provided, to be published
in a newspaper having general circulation in the Whereas, sealed proposals have been
City of Dubuque, Iowa, which notice shall not be submitted by contractors for the 2002
less than four days nor more than forty-five days Maintenance Dredging Project – Ice Harbor
prior to the receipt of said bids at 9:00 a.m. on Flood Control Gate Structure pursuant to
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the 24 day of September, 2002. Bids shall be Resolution No. 316-02 and notice to bidders
opened and read by the Iowa Department of published in a newspaper published in the City
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Transportation in Ames, Iowa, after 9:30 a.m. on of Dubuque, Iowa on the 21 day of June, 2002.
the same date such as bids are scheduled to be Whereas, said sealed proposals were opened
rd
received. The bid will be submitted to the and read on the 3 day of July, 2002, and it has
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Council for final action at 6:30 p.m. on the 7 been determined that the bid of J. F. Brennan
day of October, 2002, subject to the Company, Inc. of LaCrosse, Wisconsin, in the
concurrence of the Federal Highway amount of $89,950.00 was the lowest bid for the
Administration. furnishings of all labor and materials and
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Passed, adopted and approved this 15 day of performing the work as provided for in the plans
July, 2002. and specifications.
Terrance M. Duggan, Mayor NOW THEREFORE, BE IT RESOLVED BY
Attest: Jeanne F. Schneider, City ClerkTHE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Regular Session, July 15, 2002 307
That the contract for the above improvement published in a newspaper published in the City
st
be awarded to J.F. Brennan Company, Inc. and of Dubuque, Iowa on the 21 day of June, 2002.
the Manager be and is hereby directed to Whereas, said sealed proposals were opened
nd
execute a contract on behalf of the City of and read on the 2 day of July, 2002, and it has
Dubuque for the complete performance of the been determined that the bid of Perry
work. Construction of Dubuque, Iowa in the amount of
BE IT FURTHER RESOLVED: $31,700.00 was the lowest bid for the
That upon the signing of said contract and the furnishings of all labor and materials and
approval of the contractor’s bond, the City performing the work as provided for in the plans
Treasurer is authorized and instructed to return and specifications.
the bid deposits of the unsuccessful bidders. NOW THEREFORE, BE IT RESOLVED BY
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Passed, approved and adopted this 15 day of THE CITY COUNCIL OF THE CITY OF
July, 2002. DUBUQUE, IOWA:
Terrance M. Duggan, Mayor That the contract for the above improvement
Attest: Jeanne F. Schneider, City Clerk be awarded to Perry Construction and the
Buol moved adoption of the Resolution. Manager be and is hereby directed to execute a
Seconded by Markham. Motion carried 6-0. contract on behalf of the City of Dubuque for the
complete performance of the work.
2002 Curb Ramp – CDBG #1 Project: Proof of
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
publications on notice of hearing on plans and
approval of the contractor’s bond, the City
specifications and notice to bidders on the
Treasurer is authorized and instructed to return
receipt of bids, and City Manager recommending
the bid deposits of the unsuccessful bidders.
award of the contract for the 2002 Curb Ramp –
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Passed, approved and adopted this 15 day of
CDBG #1 Project to Perry Construction in the
July, 2002.
amount of $31,700, presented and read.
Terrance M. Duggan, Mayor
Markham moved that the proof and
Attest: Jeanne F. Schneider, City Clerk
communication be received and filed.
Markham moved adoption of the Resolution.
Seconded by Buol. Motion carried 6-0.
Seconded by Buol. Motion carried 6-0.
RESOLUTION NO. 372-02
Markham moved that the rules be reinstated
RESOLUTION ADOPTING
limiting discussion to the Council. Seconded by
PLANS AND SPECIFICATIONS
Connors. Motion carried 6-0.
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Whereas, on the 12 day of June, 2002, plans,
specifications, form of contract and estimated
ACTION ITEMS
cost were filed with the City Clerk of Dubuque,
Iowa for the 2002 Curb Ramp Installation -
Greater Dubuque Development Corporation:
CDBG Project I.
Rick Dickinson, Executive Director of the
Whereas, notice of hearing on plans,
Greater Dubuque Development Corporation,
specifications, form of contract, and estimated
gave a verbal progress report. Nicholson moved
cost was published as required by law.
that the report be received and filed. Seconded
NOW THEREFORE, BE IT RESOLVED BY
by Michalski. Motion carried 6-0.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Council Member Cline arrived at 7:02 P.M.
That the said plans, specifications, form of
contract and estimated cost are hereby
Stormwater Management: Request of
approved as the plans, specifications, form of
Michelle Harry to address the Council regarding
contract and estimated cost for said
the proposed open storm drain in the area of
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improvements for said project.
24 Street to Garfield Street, presented and
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Passed, adopted and approved this 15 day of
read. Buol moved that the petitions and
July, 2002.
material be received and filed. Seconded by
Terrance M. Duggan, Mayor
Nicholson. Motion carried 7-0.
Attest: Jeanne F. Schneider, City Clerk
Michelle Harry, 2316 Prince St., distributed
Markham moved adoption of the Resolution.
materials and petitions and spoke requesting
Seconded by Buol. Motion carried 6-0.
Council not do an 18 month study about what to
do to control the excessive stormwater and that
the stormwater management project begin as
RESOLUTION NO. 373-02
soon as possible. She has spoken to Engineers
AWARDING CONTRACT
and FEMA and was told that open storm drains
Whereas, sealed proposals have been
do work well.
submitted by contractors for the 2002 Curb
Council discussed her request and
Ramp Installation – CDBG Project #1 pursuant
commended her for her efforts. City Manager
to Resolution No. 313-02 and notice to bidders
308 Regular Session, July 15, 2002
Van Milligen stated they will bring this item back Section 2. That the Mayor and City Clerk are
to the Council. hereby authorized and directed to endorse the
approval of the City of Dubuque, Iowa upon
Long Range Planning Advisory Commission: such street name, and to file notice of the
Appointment of City Council Liaison (currently renaming of said street with the Recorder,
Council Member Buol) and City Council Auditor and City Assessor of Dubuque County,
Alternate Liaison (currently Mayor Duggan) to Iowa.
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the Long Range Planning Advisory Commission Passed, approved and adopted this 15 day of
effective July 1, 2002. Michalski moved that July, 2002.
Council Member Buol be reappointed, with Terrance M. Duggan, Mayor
Mayor Duggan as Alternate, to the Long Range Attest: Jeanne F. Schneider, City Clerk
Planning Commission. Seconded by Cline. Published officially in the Telegraph Herald
Motion carried 7-0. newspaper this 22nd day of July, 2002.
Jeanne F. Schneider, City Clerk
Dubuque County Board of Supervisors: 1t 7/22
Communication from Donna L. Smith, Buol moved that the requirement that a
Chairperson of the Dubuque County Board of proposed Ordinance be considered and voted
Supervisors, requesting a meeting of the Board on for passage at two Council Meetings prior to
of the Couler Valley Urban Drainage District, the meeting at which it is to be finally passed be
presented and read. Cline moved to direct Staff suspended and further moved final
to send a letter to the Supervisors for more consideration and passage of the Ordinance.
information and to determine the purpose of the Seconded by Cline. Motion carried 7-0.
meeting. Seconded by Buol. Carried by the
following vote: Yeas—Buol, Cline, Connors, COUNCIL MEMBER REPORTS
Duggan, Michalski, Nicholson. Nays—Markham.
City Manager Van Milligen reported that the
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Renaming of Menard Court: City Manager Main Street opening on July 18 is 8 weeks
recommending the renaming of Menard Court to ahead of schedule, $298,000 under budget and
North Crescent Ridge at the request of property that signs would be installed this week.
owners whose addresses include Menard Court Nicholson and Michalski suggested signs
as the street name, presented and read. Buol clarifying the prohibition of skateboards.
moved that the communication be received and
filed. Seconded by Cline. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING
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An Ordinance Renaming the street currently Vacating Petition – Portion of 12 Street: City
named Menard Court to North Crescent Ridge, Manager recommending that a public hearing be
presented and read. set for August 5, 2002 to consider a request
from Greg and Peggy Stover for the vacating of
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a portion of 12 Street west of Bluff Street,
OFFICIAL PUBLICATION
presented and read. Buol moved that the
ORDINANCE NO. 56-02
communication be received and filed. Seconded
AN ORDINANCE RENAMING THE STREET
by Markham. Motion carried 7-0.
CURRENTLY NAMED MENARD COURT TO
NORTH CRESCENT RIDGE.
RESOLUTION NO. 374-02
Whereas, the City Council desires to reduce
RESOLUTION APPROVING PLAT OF PRO-
the potential confusion to the motoring public
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POSED VACATED PORTION OF 12STREET
caused by having a street named for a business
WEST OF BLUFF
no longer located on said street; and
Whereas, the current City of Dubuque policy is Whereas, there has been presented to the City
to name streets that intersect Dodge Street (U.
Council of the City of Dubuque, Iowa, a plat
S. Highway 20) as North "Sample Street Name"
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dated the 21 day of June, 2002, prepared by
north of Dodge Street and "Sample Street
Buesing & Associates, describing the proposed
Name" south of Dodge Street; and
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vacated portion of 12 Street west of Bluff; and
Whereas, the City Council desires to name the
Whereas, said plat conforms to the laws and
current Menard Court as North Crescent Ridge.
statutes pertaining thereto.
NOW THEREFORE, BE IT ORDAINED 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 street currently known as
st
Section 1. That the plat dated the 21 day of
Menard Court be renamed North Crescent
June, 2002, prepared by Buesing & Associates,
Ridge; and
relative to the real estate hereinabove described
be and the same is hereby approved, and the
Regular Session, July 15, 2002 309
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Mayor and City Clerk be and they are hereby Passed, approved and adopted this 15 day of
authorized and directed to execute said plat for July, 2002.
and on behalf of the City of Dubuque, Iowa. Terrance M. Duggan, Mayor
Section 2. The City of Dubuque reserves unto Attest: Jeanne F. Schneider, City Clerk
itself a perpetual easement including the right of Published officially in the Telegraph Herald
nd
ingress and egress thereto, for the purpose of newspaper this 22 day of July, 2002.
erecting, installing, constructing, reconstructing, Jeanne F. Schneider, City Clerk
repairing, owning, operating, and maintaining 1t 7/22
storm sewers as may be authorized by the City Buol moved that the requirement that a
of Dubuque, Iowa, as shown on the Plat of proposed Ordinance be considered and voted
Survey of Lot 760A of McDaniel’s Subdivision. on for passage at two Council Meetings prior to
Section 3. That the City Clerk be and is hereby the meeting at which it is to be finally passed be
authorized and directed to file said plat and suspended and further moved final
certified copy of this resolution in the office of consideration and passage of the Ordinance.
the Recorder in and for Dubuque County, Iowa. Seconded by Markham. Motion carried 7-0.
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Passed, approved and adopted this 15 day of
RESOLUTION NO. 375-02
July, 2002.
RESOLUTION OF INTENT TO DISPOSE OF
Terrance M. Duggan, Mayor
CITY INTEREST IN LOT 760A AND LOT 776B
Attest: Jeanne F. Schneider, City Clerk
OF MCDANIEL’S SUBDIVISION, DUBUQUE,
Buol moved adoption of the Resolution.
IOWA
Seconded by Markham. Motion carried 7-0.
Whereas, Gregory Jon and Peggy E. Stover
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An Ordinance Vacating a portion of 12 Street have requested the vacating of a portion of 12
west of Bluff, presented and read. Street west of Bluff; and
Whereas, Buesing & Associates has prepared
ORDINANCE NO. 57-02
and submitted to the City Council a plat showing
TH
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ORDINANCE VACATING A PORTION ON 12
the vacated portion of 12 Street west of Bluff
STREET WEST OF BLUFF
and assigned lot numbers thereto, which
Whereas, Gregory Jon and Peggy E. Stover hereinafter shall be known and described as Lot
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have requested the vacating of a portion of 12 760A and Lot 776B of McDaniel’s Subdivision in
Street west of Bluff; and, the City of Dubuque, Iowa; and
Whereas, Buesing & Associates has prepared Whereas, the City Council of the City of
and submitted to the City Council a plat showing Dubuque, Iowa has determined that this portion
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the vacated portion of 12 Street west of Bluff, of 12 Street west of Bluff is no longer required
which hereinafter shall be known and described for public use, except for utility easements as
as Lot 760A and Lot 776B of McDaniel’s noted, and vacating and sale of said portion of
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Subdivision, in the City of Dubuque, Dubuque 12 Street west of Bluff known as Lot 760A and
County, Iowa; and, Lot 776B of McDaniel’s Subdivision in the City of
Whereas, the City Council of the City of Dubuque, Dubuque County, Iowa should be
Dubuque, Iowa has determined that a portion of approved.
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12 Street west of Bluff is no longer required for NOW, THEREFORE, BE IT RESOLVED BY
public use, except for utility easements as noted, THE CITY COUNCIL OF THE CITY OF
and vacating of said portion of 12th Street west DUBUQUE, IOWA:
of Bluff known as Lot 760A and Lot 776B of Section 1. That the City of Dubuque intends to
McDaniel’s Subdivision in the City of Dubuque, dispose of its interest in Lot 760A and Lot 776B
Dubuque County, Iowa should be approved. of McDaniel’s Subdivision in the City of
NOW THEREFORE, BE IT RESOLVED BY Dubuque, Iowa.
THE CITY COUNCIL OF THE CITY OF Section 2. That the conveyance of Lot 760A
DUBUQUE, IOWA: and Lot 776B of McDaniel’s Subdivision in the
Section 1. That the real estate described as City of Dubuque, Iowa to Gregory Jon and
Lot 760A and Lot 776B of McDaniel’s Peggy E. Stover be contingent upon the
Subdivision in the City of Dubuque, Iowa, be and payment of $943.68, plus publication and filing
the same is hereby vacated. fees.
Section 2. The City of Dubuque reserves unto Section 3. The City of Dubuque reserves unto
itself a perpetual easement including the right of itself a perpetual easement including the right of
ingress thereto, for the purpose of erecting, ingress and egress thereto, for the purpose of
installing, constructing, reconstructing, repairing, erecting, installing, constructing, reconstructing,
owning, operating, and maintaining storm repairing, owning, operating, and maintaining
sewers as may be authorized by the City of storm sewers as may be authorized by the City
Dubuque, Iowa, as shown on the Plat of Survey of Dubuque, Iowa, as shown on the Plat of
of Lot 760A of McDaniel’s Subdivision. Survey of Lot 160A of McDaniel’s Subdivision.
310 Regular Session, July 15, 2002
Section 4. That the City Clerk be and is hereby Whereas, the City Council of the City of
authorized and directed to cause a notice of Dubuque, Iowa has given its preliminary
intent to dispose of said real estate to be approval on the proposed plans, specifications,
published in the manner as prescribed by law. and form of contract and placed same on file in
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Passed, approved and adopted this 15 day of the office of the City Clerk for public inspection
July, 2002. of the Hotel/Conference Center Parking Lots &
Terrance M. Duggan, Mayor Fifth Street Construction Project.
Attest: Jeanne F. Schneider, City Clerk NOW THEREFORE, BE IT RESOLVED BY
Buol moved adoption of the Resolution and THE CITY COUNCIL OF THE CITY OF
further set this for Public Hearing on 8/5/02 at a DUBUQUE, IOWA:
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meeting to commence at 6:30 P.M. in the Public That a public hearing will be held on the 3
Library Auditorium and direct the City Clerk to day of September, 2002, at 6:30 p.m. in the
publish notice in the manner prescribed by law. Public Library Auditorium at which time
Seconded by Markham. Motion carried 7-0. interested persons may appear and be heard for
or against the proposed plans and
Local Law Enforcement Block Grant Funds: specifications, form of contract and cost of said
City Manager recommending that a public improvement, and the City Clerk be and is
hearing be set for August 5, 2002 to consider hereby directed to cause a notice of time and
acceptance of the 2002 Local Law Enforcement place of such hearing to be published in a
Block Grant Funds, presented and read. Buol newspaper having general circulation in the City
moved that this be received and filed and set of Dubuque, Iowa, which notice shall be not less
this for Public Hearing on 8/5/02 at a meeting to than four days nor more than twenty days prior
commence at 6:30 P.M. in the Public Library to the day fixed for its consideration. At the
Auditorium and direct the City Clerk to publish hearing, any interested person may appear and
notice in the manner prescribed by law. file objections to the proposed plans,
Seconded by Markham. Motion carried 7-0. specifications, contract, or estimated cost of the
improvement.
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Hotel/Conference Center Parking Lots and Passed, adopted and approved this 15 day of
Fifth Street Construction: City Manager July, 2002.
recommending initiation of the public bidding Terrance M. Duggan, Mayor
process for the Hotel/Conference Center Attest: Jeanne F. Schneider, City Clerk
Parking Lots and Fifth Street Construction Buol moved adoption of the Resolution.
Project and setting a public hearing for Seconded by Markham. Motion carried 7-0.
September 3, 2002, presented and read. Buol
RESOLUTION NO. 378-02
moved that the communication be received and
ORDERING BIDS
filed. Seconded by Markham. Motion carried 7-
0. NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
RESOLUTION NO. 376-02
IOWA:
PRELIMINARY APPROVAL OF
That the Hotel/Conference Center Parking
PLANS AND SPECIFICATIONS
Lots & Fifth Street Construction Project is
NOW THEREFORE, BE IT RESOLVED BY hereby ordered to be advertised for bids for
THE CITY COUNCIL OF THE CITY OF construction.
DUBUQUE, IOWA: BE IT FURTHER RESOLVED, that the amount
That the proposed plans, specifications, form of the security to accompany each bid shall be in
of contract and estimated cost for the an amount which shall conform to the provisions
Hotel/Conference Center Parking Lots & Fifth of the Notice to Bidders hereby approved as a
Street Construction Project in the estimated part of the plans and specifications heretofore
amount of $2,004,646.32 are hereby approved adopted.
and ordered filed in the office of the City Clerk That the City Clerk is hereby directed to
for public inspection. advertise for bids for the construction of the
th
Passed, adopted and approved this 15 day of improvements herein provided, to be published
July, 2002. in a newspaper having general circulation in the
Terrance M. Duggan, Mayor City of Dubuque, Iowa, which notice shall not be
Attest: Jeanne F. Schneider, City Clerk less than four days nor more than forty-five days
Buol moved adoption of the Resolution. prior to the receipt of said bids at 2:00 p.m. on
nd
Seconded by Markham. Motion carried 7-0. the 22 day of August, 2002. Bids shall be
opened and read by the City Clerk at said time
RESOLUTION NO. 377-02
and will be submitted to the Council for final
rd
FIXING DATE OF HEARING
action at 6:30 p.m. on the 3 day of September,
ON PLANS AND SPECIFICATIONS
2002.
Regular Session, July 15, 2002 311
th
Passed, adopted and approved this 15 day of to the day fixed for its consideration. At the
July, 2002. hearing, any interested person may appear and
Terrance M. Duggan, Mayor file objections to the proposed plans,
Attest: Jeanne F. Schneider, City Clerk specifications, contract, or estimated cost of the
Buol moved adoption of the Resolution. improvement.
th
Seconded by Markham. Motion carried 7-0. Passed, approved and adopted this 15 day of
July, 2002.
Mississippi River National Education and Terrance M. Duggan, Mayor
Conference Center - Bid Package #3: City Attest: Jeanne F. Schneider, City Clerk
Manager recommending initiation of the public Buol moved adoption of the Resolution.
bidding process of Bid Package #3 for the Seconded by Markham. Motion carried 7-0.
Mississippi River National Education and
RESOLUTION NO. 381-02
Conference Center Project and setting a public
ORDERING BIDS
hearing for September 3, 2002, presented and
read. Buol moved that the communication be NOW THEREFORE, BE IT RESOLVED BY
received and filed. Seconded by Markham. THE COUNCIL OF THE CITY OF DUBUQUE,
Motion carried 7-0. IOWA:
That the Education and Conference Center–
RESOLUTION NO. 379-02
Bid Package #3 is hereby ordered to be
PRELIMINARY APPROVAL OF
advertised for bids for construction.
PLANS AND SPECIFICATIONS
BE IT FURTHER RESOLVED, that the amount
NOW THEREFORE, BE IT RESOLVED BY of the security to accompany each bid shall be in
THE CITY COUNCIL OF THE CITY OF an amount which shall conform to the provisions
DUBUQUE, IOWA: of the notice to bidders hereby approved as a
That the proposed plans, specifications, form part of the plans and specifications heretofore
of contract and estimated cost for the Education adopted.
and Conference Center– Bid Package #3, in the That the City Clerk is hereby directed to
estimated amount of $25,998,301.00, are advertise for bids for the construction of the
hereby approved and ordered filed in the office improvements herein provided, to be published
of the City Clerk for public inspection. in a newspaper having general circulation in the
th
Passed, approved and adopted this 15 day of City of Dubuque, Iowa, which notice shall not be
July, 2002. less than four days nor more than forty-five days
Terrance M. Duggan, Mayor prior to the receipt of said bids at 2:00 p.m. on
nd
Attest: Jeanne F. Schneider, City Clerk the 22 day of August, 2002. Bids shall be
Buol moved adoption of the Resolution. opened and read by the City Clerk at said time
Seconded by Markham. Motion carried 7-0. and will be submitted to the Council for final
rd
action at 6:30 p.m. on the 3 day of September,
RESOLUTION NO. 380-02
2002.
th
FIXING DATE OF HEARING ON
Passed, approved and adopted this 15 day of
PLANS AND SPECIFICATIONS
July, 2002.
Whereas, the City Council of the City of Terrance M. Duggan, Mayor
Dubuque, Iowa has given its preliminary Attest: Jeanne F. Schneider, City Clerk
approval on the proposed plans, specifications, Buol moved adoption of the Resolution.
and form of contract and placed same on file in Seconded by Markham. Motion carried 7-0.
the office of the City Clerk for public inspection
of the Education and Conference Center– Bid At 7:36 P.M. Buol moved to go into Closed
Package #3. Session re: Property Acquisition and Pending
NOW THEREFORE, BE IT RESOLVED BY Litigation – Chapter 21.5(1)(c)(j) 2001 Code of
THE CITY COUNCIL OF THE CITY OF Iowa. Seconded by Michalski. Motion carried
DUBUQUE, IOWA: 7-0.
That on the 3rd day of September, 2002, a
public hearing will be held at 6:30 p.m. in the At 7:52 P.M. Council reconvened Regular
Public Library Auditorium at which time Session stating that Staff had been given proper
interested persons may appear and be heard for direction.
or against the proposed plans and
specifications, form of contract and cost of said There being no further business, Michalski
improvement, and the City Clerk be and is moved to adjourn. Seconded by Cline. Motion
hereby directed to cause a notice of time and carried 7-0. The meeting adjourned at 7:53
place of such hearing to be published in a P.M.
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be not less /s/ Jeanne F. Schneider, CMC
than four days nor more than twenty days prior City Clerk
312 Regular Session, July 15, 2002
1t 7/24
Approved:__________________________2002
Adopted:___________________________2002
______________________________________
Mayor
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
Council Members
Attest:
______________________________________
City Clerk
Special Session, July 23, 2002 313
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, July 23, 2002
Approved:__________________________2002
Council met in Special Session at 4:45 P.M. in
the Library Auditorium
Adopted:___________________________2002
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Michalski, Nicholson, City
Manager Michael Van Milligen, Corporation
______________________________________
Counsel Barry Lindahl.
Mayor
Absent: Council Member Markham.
______________________________________
Mayor Duggan read the call and stated this is
a special session of the City Council called for
______________________________________
the purpose of discussing the extension of the
outdoor service liquor license for The Busted
______________________________________
Lift.
______________________________________
Extension of Outdoor Service Liquor License
for a One Day Event for The Busted Lift: City
______________________________________
Manager submitting information on a request
from John Finn, The Busted Lift, for extension of
______________________________________
the outdoor service liquor license for a one-day
Council Members
event on July 27, 2002; communication from
Frank J. Salwolke revoking his “no objection” to
Attest:
the July 27, 2002 event at The Busted Lift and a
Resolution Granting issuance of a Class “C”
______________________________________
Beer/Liquor License (One Day Outdoor Service
City Clerk
Extension) for The Busted Lift, presented and
read. The Council discussed the request.
Buol moved to receive and file the
communications and adopt the Resolution.
Seconded by Cline. Vote on the motion was as
follows: Yeas—Buol, Cline, Duggan. Nays—
Connors, Michalski, Nicholson. Motion failed.
There being no further business, Michalski
moved to adjourn. Seconded by Nicholson.
Motion carried 6-0. The meeting adjourned at
5:22 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 7/ 31