Council Proceed March 2003Regular Session, March 3, 2003
67
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council,Regular Session, Mamh 3, 2003
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
E3uol. Cline. Conners Markham ~lichalski,
Nicholson, City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this is
a special session of the City Council called for
the purpose of discussing such matters which
may properly come before the City Council.
invocation was given by Reverend Jerry E.
Oakland, Pastor, St. Luke's United Methodist
Chumh.
PROCLAMATIONS: Welcoming Ms. Darina
Baranchikova of Hemmens. S[ovakia received
by Darina Baranchikova; Welcoming Mr.
Watslaw Prazuch of Tumow, Poland received by
Watsiaw Prezuch; Welcoming Mr. Leszlo
Szaikai of Vezprem, Hungary received by Leszlo
Szalkai; and Ms. Diana Turlakova of Star
Zagora, Bulgaria received by Diana Tudakova,
CONSENTITEMS
Minutes Submitted: City Conference Board of
1/21; City Council of 2/17, 2/20 and 2/24; Five
Flags of 1/13; Long Range Planning Advisory
Commission of 2/19; Mechanical Board of 2/18;
Plumbing Board of 2/26, presented and read,
Buol moved that the minutes be received and
filed. Seconded by Cline. Motion carried 7-0.
Proof of publicaUon of City Counci!
Proceedings of 2/3, 2/5 and 2/10, presented an~
read. Buol moved that the proofs be received
and filed. Seconded by Cline. Motion carried 7-
0.
Notice of Claims/Suits: EIdon D. Denlinger for
property damage; John Schreiber for property
damage, presented and read. Buol moved
that the claims and suits be referred to the Legal
Staff for investigation and report. Seconded by
CJine. Motion carried 7-0.
Corporation Counsel advising that the
following claims have been referred to Public
Entity Risk Services of iowa, the agent for the
Iowa Communities Assurance Pool: Eldon D.
Denlinger for property damage; Thomas
Weidenbacher for vehicle damage; Raymond
Worden, Sr. for pemonal injury, presented and
read. Buol moved that the communications be
received and flied and concurred, Seconded by
C[ine. Motion carried 7-0.
Corporation Counsel recommending
settlement of the claim of Joseph Melsser for
property damage and that the Finance Director
issue 3ayment, presented and read. Buol
moved that the communication be received and
flied and concurred and Finance Director to
issue 3ayment. Seconded by Cline. Motion
carried 7-0.
Citizen Communication: Communication from
Valofie Woerdehofl concerning the anti-war
resolution that came 9efore the City Council,
3resented and read. Buol moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
Iowa League of Cities: Communication from
the iowa League of Cities advising that Dubuque
has been chosen as the site for the 2007 Annual
Conference and Exhibit. presented and read.
Buol moved that the communication be received
and tiled, Seconded by Cline. ~lotion carried 7-
0.
Burlington Northem Railroad Depot
Restoration Project: City Manager
recommending acceptance of the Burling[on
Northern Railroad Depot Restoration Project-
Contract No. 2 (General Demolition) in the final
contract amount of $38,000.00 and Contract No.
5 (Steel) in the final contract amount of
$87,625.57. presented and read. Buol moved
[hat the communication ce received and tiled.
Seconded by Cline. Motion carded 7-0.
RESOLUTION NO. 62-03
ACCEPTING IMPROVEMENT
Whereas. the contracts for the Buding[on
Northern Railroad Depot Restoration Project,
Contract No. 2 - General Demolition and
Contract No. 5 - Steel have been completed and
the City Manager has examined the work and
[iled his certificate stating that the same nas
been completed according to the terms of the
contracts, plans and specifications and
recommends its acceptance.
NOW THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvements be and the same are hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the funding of the Dubuque
County Historical Society and [he iowa
Department of Transportation TEA-21 Grant n
68 Regular Session, March 3, 2003
amounts eoual to the amounts of his contracts,
[ess any retained percentage provided for
therein.
Passec. approved and adopted this 3r~ day of
March, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. CMC. City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 63-03
FINAL ESTIMATE
Whereas. the contracts for the Burlington
Northern Railroad Depot Restoration Project,
Contract No. 2 - General Demolition and
Contract No. 5 - Steel have aeon completed and
the City Engineer has submitted his final
estimates showing the costs thereof including
the cost of estimates notices and inspection and
ali miscellaneous costs.
NOW THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the costs of said improvement
of the Burlington Northern Railroad Depot
Restoration Project hereby determined to be
$38.000.00 for Contract No. 2 - Genera
Demolition and $87,625.57 for Contract No. 5 -
Steel and the said amounts shall be paid from
funding of the Dubuque County Historical
Society and the lows Department of
Transportation TEA-21 Grant.
Passed, approved and adopted this 3ra day of
Marct,. 2003.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. CMC. City Clerk
Buol moved adoption of the Resolutior
Seconded by Cline. Motion carried 7-0.
Grand River Excursion: Communication from
Congressman Jim Nussle in support of the
Grand River Excursion, presentec and read.
Buol moved that the communication be received
and filed, Seconded by Cline Motion carded 7-
0,
Tax Increment Financing Funding:
Communication from City Manager Michael C.
Van Milligen ro area legislators regarding the
possible elimination of tax increment financing
funding, presented and read. Buol moved that
the communication De received and filed.
Seconded by Cline. Motion carried 7-0.
Bluff Land Protective Measures:
Communication from City Manager advising that
he will have information regarding Bluff Land
Protective Measures for the April 7, 2003
meeting, 3resented and read. Buol moved that
the communication be received and filed.
Seconded by Cline. Motion carded 7-0.
Rip Row Valley - Ball Field Development
Project: City Manager recommending approval
of a new final estimate of $120~052.89 for the
Rip Row Valley Ball Field Development Project,
oresented and read. Buol moved that the
commun'cation be received and filed. Seconded
by Cline. Motion carried 7-0.
RESOLUTION NO. 64-03
RESOLUTION RESCINDING RESOLUTION
NUMBER 526-02, SETTING THE FINAL
ESTIMATE FOR THE RIP ROW VALLEY BALL
FIELD DEVELOPMENT PROJECT
Whereas Dy Resolution NO. 526-02. the City
Council set the final estimate for the Rip Row
Valley Ball Field Develooment Project; aha
Whereas, suasequent events necessitate a
different final estimam.
',IOW THEREFORE BE T RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE ](}WA:
Section 1. That Resolution Number 526-02 is
rescinded.
Passed. approved and adopted this 3rd day of
March, 2003.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoption of the Resolution.
Seconded Dy Cline. Motion carried 7-0.
RESOLUTION NO. 65-03
FINAL ESTIMATE
WHEREAS. the contract for the RIP ROW
VALLEY. BALL FIELD DEVELOPMENT
PROJECT nas been completed and the
Engneer has submitted his finai estimate
showing the cost thereof including the cost of
estimates, notices and inspection and all
miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED. BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $12C 052.89, and the
said amount shall De paid from the Genersl
Fund of the City of Dubuque Iowa.
Passed. approved and adopted this 3rd day of
Mamh, 2003
Tbrrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0,
Rip Row Valley - Utilities Extension Project:
City Manager recommending approval of a new
final estimate of $92.309.24 for the Rip Row
Valley Utilities Extension Project, presented and
read, Buol moved that the communication be
received and filed. Seconded by Cline. Motion
carried 7-0.
Regular Session, March 3, 2003
69
RESOLUTION NO. 66-03
RESOLUTION RESCINDING RESOLUTION
NUMBER 522-02, SETI'ING THE FINAL
ESTIMATE FOR THE RIP ROW VALLEY
UTILITIES EXTENSION PROJECT
Whereas, by Resolution No. 522-02, the City
Council set the final estimate for the Rip Row
Valley Utilities Extension; and
Whereas, subsequent events necessitate a
different tinal estimate.
NOW THEREFORE BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That Resolution Number 522-02 is
rescinded.
Passed, approved and adopted this 3rd day of
March, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carded 7-0.
RESOLUTION NO. 67-03
FINAL ESTIMATE
Whereas. the contract for the RIP ROW
VALLEY UTILITIES EXTENSION PROJECT
has been completed and the Engineer has
submitted his final estimate showing the cost
thereof including the cost of estimates, notices
and inspection and ali miscellaneous costs;
NOW. THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CI'FY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $93,309.24, and the
said amount shall be paid from the Water and
Sewer Funds of the City of Dubuque. Iowa.
Passed, approved and adopted this 3rd day of
Mamh. 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carded 7-0.
Swimming Pool Concession Agreement: City
Manager recommending approval of a
concession agreement with Baseball Dreamers
to operate the concession stands at Flora and
Sutton swimming pools, presented and read.
Buol moved that the communication be received
and filed and approved agreement. Seconded
by Cline. Motion carried 7-0.
Code of Ordinance Supplement No. 57: City
Manager recommending adoption of
Supplement No. 57 to the Code of Ordinances
of the City of Dubuque. presented and read.
Buo] moved that the communication be received
and filed. Seconded by Cline. Motion carded 7-
0.
RESOLUTION NO. 68-03
ADOPTING SUPPLEMENT NO. 57 TO THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas, under date of July 17, 1989, the City
Council, pursuant to Ordinance No. 34-89,
readopted the Code of Ordinances of the City of
Dubuque, iowa for ordinances adopted up to
and including December 19, 1988; and
Whereas, since December 19, 1988 the City
Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code
of Ordinances and said amendments have been
printed as supplements to the Code of
Ordinances; and
Whereas, Section 380.8 of the Code of
Ordinances provides that supplements by
resolution, become part of the Code of
Ordinances.
NOW THEREFORE BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 57 of the
Code of Ordinances of the City of Dubuque,
Iowa, covering Ordinances through Ordinance
No. 1-03 enacted through January 6, 2003 and
prepared by the Stedthg Codifiers, Inc, Coeur D'
Alone, ID hereto filed in the Office of the City
Clerk of the City of Dubuque, Iowa be and is
hereby adopted and becomes part of the Code
of Ordinances of the City of Dubuque, Iowa.
Passed, approved and adopted this 3rd day of
March, 2003.
Torrance M. Duggan. Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carded 7-0.
Federal Emergency Management Agency:
Congressman Jim Nussle providing a response
from Richard Hainje, Regional Director of the
Federal Emergency Management Agency,
regarding the City's request for financial
assistance to acquire a structure that was
substantially damaged during the June 2002
flood event, presented and read. Buol moved
that the communication be received and filed.
Seconded by Cline. Motion carried 7-0.
Mesaba Aviation, Inc. Notice of Termination:
A notice from Mesaba Aviation, Inc. advising of
their intent to terminate service at Dubuque,
Iowa effective May 13, 2003, presented and
read. Buol moved that the communication be
received and filed. Seconded by Cline. Motion
carried 7-0.
Save America's Treasures Grant Application:
City Manager recommending approval of the
submission of a grant application for $250,000
from the Save America's Treasures program for
restoration and interpretation of the Dubuque
70 Regular Session, March 3, 2003
Shot Tower, presented and read. Buol moved
that the communication be received and filed.
Seconaeo by Cline. Motion carried 7-0.
RESOLUTION NO. 69-03
RESOLUTION AUTHORIZING SUBMITTAL OF
A GRANT APPLICATION FOR THE
DUBUQUE SHOT TOWER.
Whereas. the National Park Service makes
historic preservation grants of up to $250,000
available to preserve nationalJy significant
historic structures: and
Whereas the City of Dubuque has sufficient
matching funds for the Save America's
Treasures grant program; and
Whereas the City and State of Iowa have
determined that the Dubuque Shot Tower is
nationally significant; and
Whereas, the City has developed a plan for
the restoration and interpretation of the Dubuque
Shot Tower.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. iOWA:
Section 1. The Mayor hereby is authorized to
sign the Save America~s Treasures grant
application for the Dubuque Shot Tower on
behalf of the City of Dubuque.
Section 2. The Planning Services Manager ~s
hereby authorized to submil the grant
application to the National Park Service.
Section 3. The City Manager is hereby
authorized to expend budgeted funds for the
local match of $250,000,
Passed. approved and adopted :~his 3~° day of
March 2003,
Torrance M. Duggan, Mayor
Attest: Jeanne F, Schneider, City Clerk
Buol moved adopfion of the Resolution.
Secondea by Cline. Motion carried 7-0.
Monitoring Well Installation - RMT. Inc.: City
Manager recommending approval of a request
from RMT, Inc. to install temporary monitoring
wells within City right-of-way at the area
surrounding the former Amoco facility of 351
Dodge Street, presented and read. Buol moved
that the communication be receivec ano filed.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 70-03
RESOLUTION AUTHORIZING LICENSE
AGREEMENT BETVVEEN THE CITY OF
DUBUQUE AND RMT, INC. TO INSTALL
MONITORING WELLS ON PUBLIC RIGHT-OF-
WAY AT THE FORMER AMOCO SITE OF 35'l
DODGE
Whereas~ RMT, thc. on behalf of BP Amoco
Co. has requested ~ermlssion from the City of
Dubuque to instalJ temporary monitoring wells
on City right-of-way at the former Amoco site of
35! Dodge in Dubuque, Iowa for the purpose of
assessing the extent of free product at the
groundwater table; and
Whereas. the License Agreemeo! Right-of-
Entry for Site Assessment nas been preparec
outlining the resoonsibilities of RMT. Inc. in the
installation of the monitoring wells on oublic
right-of-way; and
Whereas, the performance of the activities of
RMT, mc, will be at no cost or expense to the
City, and all work will be performed by the
Licensee. or its employees, agents or
subcontractors: and
Whereas, it is the desire of the City Council to
enter into said License Agreement for the
installation of monitoring wells in the public right-
of-way as requested
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
~)UBUQUE. IOWA:
Section 1. The License Agreement for Right-
of-Entry for Site Assessment be and the same is
hereby approved.
Section 2. That the Mayor be and is hereby
authorized to execute said License Agreement
for and on behalf of the City Council.
Passes, approved and adopted this 3r~ day of
March, 2003,
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adootion of the Resolution.
Seconded by Cline. Motion carried 7-0.
Iowa Department of Economic Development:
Communication from the Iowa Department of
Economic Development advising that the review
of the first phase of the City's HOME Parmership
Program has been completed and has been
found to be in substantial compliance with
financial and program requirements, presentec
ano read. Buoi moved that the communication
be received and filed Seconded oy Cline,
Motion carried 7-0.
Histodc Preservation Commission: Suzanne
M. Guinn submitting her resignation as the
Jackson Park Representative on the Historic
Preservation Commission, presented and read.
Buol moved that the communication be received
and filed Seconded by Cline. Motion carried 7-
0.
Chamber Foundation Request: Communi-
cation from City Manager to the Dubuque
Racing Associafion Grant Committee in support
of the Chamber Foundation grant request to
update technology in the Chamber of Commerce
Boardroom. presented and read. Buol moved
that the communication be received and filed.
Seconded by Cline. Motion carried 7-0
George W. Rogers Company Sho! Tower:
Communication from the State Historical Society
Regular Session, March :3, 2003
71
of Iowa advising that the George W. Rogers
Company Shot Tower, located at Commercial
Street an8 River Front, has been accepted for
nomination to the National Register of Histodc
Places by the State Nomination Review
Committee, presented and read. Buol moved
that the communication be received and filed.
Seconded by Cline. Motion carried 7-0.
Senate File 129: Communication from the City
Manager to area legislators in support of the
creation of a commission to review and
recommend changes to the State's tax system,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Cline. Motion carded 7-0.
Business Licenses:
RESOLUTION NO. 71-03
BEER
Whereas, applications for Beer Permits have
been submitted and,'filed to this Council for
approval and the same have been examined
and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and have
filed proper bonds
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named' applicants a Beer
Permit.
CLASS "B" BEER PERMIT (6 MONTHS)
Baseball Dreamers, LLC Baseball Dreamers+
(Sunday/Outdoor Sale) Admiral Sheehy Dr
CLASS "C" BEER PERMIT
Nash Finch Company Econo Foods # 471+
(Sunday Sale) 3355 JFK Rd.
Passed, approved and adopted this 3rd day of
March, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 72-03
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
ap¢cants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following names applicants a Liquor
License.
CLASS "B" [HOTEL/MOTEL) LIQUOR
Dubuque Lodging, Inc Days Inn+
(Sunday/Outdoor Sale) 1111 Dodge St
CLASS"C" BEER/LIQUOR LICENSE
Fraternal Order of Eagles Eagles Club #568 +
(Sunday Sales) 1175 Century Dr
Lana LuGrain P.J.'s Tap +
(Sunday Sales) 500 Rhomberg Av
Dubuque Racing Association DBQ Greyhound
Park / Casino+(Sunday/Outdoor)
1855 Greyhound Prk
Yardarm, Inc Yardarm Restaurant/Bar+
(Sunday/Outdoor Sales) 1202 Shires Ext
Rafters, Inc. Rafters +
( Sunday/Outdoor Sales) 2728 Asbury Rd
CLASS "B" WINE
Nash Finch Company Econo Foods # 471
3355 JFK Rd
Passed, approved and adopted this 3rd day of
March, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution, with
conditional approval for Rafters contingent upon
completion of inspections. Seconded by CIine.
Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Vacating Request - Alley Between Bryant and
Ramona Streets: City Manager recommending
that a public headng be set for March 17, 2003
to consider a requesl from the Dubuque
Community School Distdct to vacate [he alley
between Bryant and Ramona Streets from Mt.
Loretts Avenue 148 feet south, presented and
read. Buol moved that the communication ~,e
received and filed. Seconded by Markham.
Motion carded 7-0.
RESOLUTION NO. 73-03
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED ALLEY BETWEEN
BRYANT AND RAMONA FROM MT.
LORETTA AVENUE 148 FEET SOUTH
Whereas, [here has been 3resented to the City
Council of the City of Dubuque, Iowa, a plat
dated 14'" day of February, 2003, prepared by
IIW Engineers & Surveyors, P.C., describing the
proposed vacated alley between Bryant and
Ramona from Mt. Loretta Avenue 148 feet
south; and
Whereas, said plat conforms to the laws and
statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1:That the plat dated 14~ day of
February, 2003, prepared by IW Eng'neers &
72 Regular Session, March 3, 2003
Surveyors. P.C., relative to the rea] estate
hereinabove described be and the same is
hereby approved, and the Mayor and City Clerk
be and they are hereby authorized aha directed
to execute said plat for and on behalf of the City
of Dubuque, iowa.
Section 2. The City of Dubuque reserves unto
itself a perpetual easement including the dght of
ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing,
repamng, owning, operating, and maintaining
water, sewer, drainage, gas, telephone, t.v.
cable, and electric lines as may be authorized by
the City of Dubuque, Iowa, as shown on the Plat
of Survey of Lot lA and Lot 3A in Columbia
Addition in the City of Dubuque, Dubuque
County, Iowa.
Section 3. That the City Clerk be and is hereby
authodzeo and directed to file said plat and
certified copy of this resolution in the office of
the Recoroer. in and for Dubuque County iowa.
~assed, approved and adopted this 3r~' day of
Mamh 2003.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider. CMC, City Clerk
Buol "noveo adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
An Ordinance Vacating t~e alley between
Bryant and Ramona from Mt. Loretta Avenue
148 feet south, presented and read,
OFFICIAL PUBLICATION
ORDINANCE NO. 16-03
ORDINANCE VACATING THE ALLEY
BETWEEN BRYANT AND RAMONA FROM
MT. LORETTA AVENUE 148 FEET SOUTH
Whereas. Dubuque Community Schools has
requested the vacating of the alley between
Bryant and Ramona from Mt. Loretta Avenue
148 feet south; and
Whereas, IIW Engineers & Surveyors. P.C,
has preparea and submitted to the City Council
a plat showing the vacated portion of the alley
between Bryant aha Ramona from Mt Loretta
Avenue 148 feet south and assigned
numbers thereto, which hereinafter shall be
known ano described as Lot lA and Lot 3A in
Columbia Addition in the City of Dubuque,
Dubuque County, Iowa;
Whereas, the City Council of the City of
Dubuque, ~owa has determined thai the alley
between Bryant and Ramona from Mt. Loretta
Avenue 148 feet south is no longer required for
public use, except for utility easements as noted,
and vacating of said portions of the alley
between Bryant and Ramona from Mt. Loretta
Avenue 148 feet south known as Lot lA and Lot
3A in Columbia Addition in the City of Dubuque,
Dubuque County, Iowa, should be approved.
NOW THEREFORE. BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
Section 1. That the real estate described as
Lot lA and Lot 3A in Columbia Addition, in the
City of Dubuque, Dubuque County, Iowa. be and
the same is hereby vacated.
Section 2. The City of Dubuque reserves unto
itself a perpetual easement including the right of
ingress thereto, for the purpose of erecting,
installing, constructing, reconstructing, repainng,
owning, operating, and maintaining water,
sewer, drainage, gas, telephone, t.v. cable, and
electric lines as may be authorized by the City of
Dubuque, iowa as shown on the Plat of Survey
of Lot lA and _ct 3A in Columbia Addition. in the
City of Dubuque, Dubuque County, Iowa.
Passed. approved and adopted this 3r° day of
March, 2003.
Terrance M Duggan, Mayor
Attest: Jeanne F, Schneider, CMC. City Clerk
Published officially in the Telegraph Herald
newspaper this 7th eay of March, 2003.
Jeanne F. Schneider. City Clerk
It 3/7
Buo moved that the reeuirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Markham, Motion carried 7-0.
RESOLUTION NO. 74-03
RESOLUTION OF INTENT TO DISPOSE OF
CITY INTEREST IN Lot lA AND LOT 3A IN
COLUMBIA ADDITION IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, [ne Dubuque Community Schools
has requested the vacating the alley between
Bryant and Ramona from Mt. Lorett~ Avenue
148 feet south: and
Whereas, IIW Engineers & Surveyors. P.C..
has prepared and submitted to the City Council
a plat showing the vacated portion of the alley
aetween Bryant and Ramona from Mt. Loretta
Avenue 148 feet south and assigned lot
numbers theretc, which hereinafter shall ce
known and described as Lot lA and Lot 3A in
Columbia Addition in the C~ity of Dubuque,
Dubuque County. Iowa: and
Whereas, the City Council of the City of
Dubuque, iowa ~as determined that this alley
between Bryant and Ramona from Mt. Loretta
Avenue 148 feet south is no longer required for
public use. except for utility easements as noted.
and vacating and sale of said portions of alleys
and streets known as Lot lA and Lot 3A in
Columbia Addition in the City of Dubuque,
Dubuque County, iowa, should be approved.
Regular Session, March 3, 2003 73
NOW THEREFORE, BE iT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to
dispose of its interest in Lot lA an~ Lot 3A in
Columbia Addition in the City of Dubuque,
Dubuque County, Iowa.
Section 2. That the conveyance of Lot lA in
Columbia Addition in the City of Dubuque,
Dubuque County, Iowa, to the Dubuque
Community Schools be contingent upon the
payment of platting, publication, filing fees. and
the dedication of a 10-foot sthp along the south
right-of-way line of Mt. Loretta Avenue from
Bryant Street to Ramona Street.
Section 3. That the conveyance of Lot 3A in
Columbia Addition in the City of Dubuque,
Dubuque County, iowa, to Janaan D. Hanten be
at no cost.
Section 4. The Cit~ of Dubuque reserves unto
itself a perpetual easement including the right of
ingress and egress thereto, for the purgose of
erecting, installing, constructing, reconstructing,
repairing, owning, operating, and maintaining
water, sewer, drainage, gas, telephone, t.v.
cabts, and electric lines as may be authorized by
the City of Dubuque, Iowa as shown on the Plat
of Survey of Lot lA and Lot 3A in Columbia
Addition in the City of Dubuque, Dubuque
County, Iowa.
Section 5. That the Cit~ Clerk be and is hereby
authorized and directed to cause a notice of
intent to dispose of said real estate to be
published in the manner as prescribed by law.
~assed. approved and adopted this 3rd day of
March, 2003,
Terrance M. Duggan, Mayor
Attest: Jeanne F, Schneider, CMC, City Clerk
Buol moved adoption of the Resolution and set
the public headng for 3/17/03 at a meeting to
commence at 6:30 P.M. in the public library
auditorium and that the City Clerk publish notice
in the manner prescribed by law. Seconded by
Markham. Motion carried 7-0.
Mediacom Franchise Extension: City Manager
recommending that a public hearing be set for
March 17. 2003 to consider an additional short-
term extension through June 30, 2003 of the
existing Mediacorr cable franchise and side
agreements under the terms currently in effect,
presented and read. Buo moved that the
communication be received and filed. Seconded
by Markham. Motion carded 7-0.
RESOLUTION NO. 75-03
A RESOLUTION OF THE CITY'S INTENT TO
GRANT A SHORT-TERM EXTENSION OF AN
EXISTING CABLE SERVICES FRANCHISE
AND AN EXISTING HUB SITE LEASE TO
MCCIOWA L.L.C.
Whereas, MCClowa, L.L.C. (Mediacom) is the
currenl holder of a cable services franchise,
embodied in Ordinance No. 42-81, as modified
by a series of waivers and side agreements; and
acquired from TCI of Iowa, Inc. via a transfer
approved by the Dubuque City Council on June
18. 2001; and
Whereas, one of the side agreements is a
lease to Mediacom to build and maintain a
network hub on City-owned property located at
1585 West Third Street in Dubuque; and
Whereas, the terms of the franchise and of the
lease will expire March 31,2003; and
Whereas, representatives of the City of
Dubuque and of Mediacom have entered into
good faith negotiation of terms and conditions
for the renewal of the franchise and the lease.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, iOWA:
Section 1. That the City of Dubuque intends to
extend the term of the cable services franchise
and the term of the lease to June 30, 2003
under the same terms and conditions as
currently, in effect; and
Section 2. That the City Clerk is hereby
authorized and directed to cause notices to be
published of the proposed extension in the
manner prescribed by law.
Passed, approved and adopted this 3rd day of
March, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution and set
the public headng for 3/17/03 at a meeting to
commence at 6:30 P.M. in the public library
auditorium and that the City Clerk publish notice
in the manner prescribed by law. Seconded by
Markham. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the foltowing
Boards/Commissions:
-tistodc Preservation Commission (One
unexpired three-year term representing the Old
Main District through 7/1/05 and one unexpired
three-year term representing the Jackson Park
Distdct through 7/1/04): Applicant: Mary Loney
Bichell (Jackson Park District). Ms. Bichell
spoke requesting consideration for appointment.
-tousing Commission (One unexpired three-
year term through 8/17/04): Applicant: Joseph
Suarez. Mr. Suarez spoke requesting
consideration for appointment.
Zoning Bbard of Adjustment (One five-year
term through $/25108 - term of Urell): Applicant:
Jim UrelL No one spoke.
Appointments to the following Commission:
Community Development Advisory Com-
m~ssion (Three unexpired three-year terms
74 Regular Session, March 3, 2003
representing Census Tracts 2, 3 and 5: one
throe-year term througn 2/15/06 representing
Census Tract 1 - term of Isenhart): Applicant:
Chuck Isenhart. Markham movec that Mr.
Isenhart be reappointed to the throe-year term
which will expiro 2/15/06. Seconded by
MichalskL Motion carried 7-0.
ACTION ITEMS
U.S. 20 Bridge: Request of David Wm. Rusk
to addross the Council regarding the design for
the new U.S. 20 Bridge; Communication from
the Long Range Planning Advisory Commission
regarding the Julian Dubuque Bridge design;
Communication from the Historic Preservatior
Commission regarding the Juiien Dubuque
Bridge design; Communication from John Hess~
Chairoerson of the Dubuque County Historic
Preservation Commission regarding the design
of the proposed bddge across the Mississippi
River, presented and read.
David Rusk, Chair of the Long Range Planning
Commission. gave a presentation and spoke
urging the Council to consider supporting a U.S.
20 bddge design that would be identica~ to the
present design of the Julien Dubuque Bridge.
Mayor Duggan and the Council stated that the
Iowa and Illinois Departments of Transportation
had already made their decision for the tied tier
design for the bddge.
Nicholson moveo to receive and file the
communications. Seconded by Michalski.
Motion carried 7-0,
NPDES Permit Application: City Manager
recommending approval of the submission of the
City of Dubuque's NPDES Phase II municipal
separate storm sewer system (MS4) application
to the iowa Department of Natural Resources,
and communication from the Environmental
Stewardship Advisory Commission thanking City
staff and the City Council for the opportunity to
be involved and to offer input rogarding the
NPDES permit application, prosented and read.
Markham moved that the commumcations be
roceived and tiled and approved submittal of the
application. Seconded Dy Connoro. Motion
camed 7-0.
Community Development Block Grant
Economic Development Loan to Heartland
Financia USA. Inc.: City Manager
recommending approval of a Community
Developmem Block Grant (CDBG) Economic
Development Loan to Heartland Financial USA,
inc. to assist in the renovation and expansion of
the former Walsh Store building, presented and
read. Markham morea that the communication
be received and flied. Seconded by Cline.
Motion carried 7.0.
Nelson Klavitter. Vice President of Operations
of Heartland Financial USA, spoke thanking the
Council and Staff for their support in this project.
RESOLUTION 76-03
A RESOLUTION AUTHORIZING A
COMMITMENT LETTER AND THE
EXECUTION OF A COMMUNITY DEVELOP-
MENT BLOCK GRANT LOAN OF FIVE
HUNDRED THOUSAND DOLLARS ($500,000)
TO HEARTLAND FINANCIAL USA, INC.
Whereas, under provisions of Title I of the
Housing and Community Development Act of
1974. as amended, the City of Dubuque has
received Community Develooment 3lock Grant
Funds for the purpose of stimulating economic
development activities within the community;
and
Whereas. the City of Dubuque, iowa desires to
assist the further expansion of Heartland
Financial USA. Inc. and to create ~ew
permanent employment opportunities for ow
and moderate income citizens: and
Whereas a Commitment Letter, hereto
attached and by this reference made a pad
hereof, sets forth the terms and conditions ct
Heartland Financial USA, Inc.'s participation ~n
the City's CDBG Economic-Development Loan
Program.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
Section 1. That the Mayor is hereby
authodzed to execute on behalf of the City
Council of the City of Dubuc~ue, Iowa, the
attached Commitment Letter and to forward said
letter to Heartland Financial USA. Inc.
Section 2. That the City Manager be and he is
hereby directed to prepare, upon receipt and
acknowledgment of the attached Commitment
Letter ay the Company, the necessary loan
documents in accordance with the terms and
conditions set forth in said Commitment Letter.
Section 3. That the City Manager is hereby
authorized to execute, on behalf of the City
Counci of the City of Dubuque, Iowa, all
necessary loan documents aha is further
authorized to disburse loan funds from the
CDBG Economic Development Loan Program,
in accordance with the terms and conditions of
the executed agreement.
Passed. approved and adopted this 3rd day of
March~ 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carded 7-0.
PUBLIC INPUT
Fabian Yaklin 1550 Clarke Drive, spoke and
distributed a proposed Resolution against U.S.
Regular Session, March 3, 2003
military intervention in iraq and requested
Council endorsement of it.
Jerry Oakland, 1722 ChumhiIL spoke in
support of the proposed resolution.
Joe Melssen spoke against the proposed
resolution.
Michalski thanked Mr. Yaklin for coming
forward ~ut stated no action could be taken al
this meeting.
There being no further business, Michalski
moved to adjourn. Seconded by Connors.
Motion camed 7-0. The meeting adjourned at
7:54 P.M.
/s/Jeanne F. Schneider, CMC
Ci~Clerk
It 3/12
Approved:
Adopted:
Mayor
CounciI Members
AEest:
City Cierk
75
2003
2003
76 Special Session, March 5, 2003
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council. Special Sessior Wednesday,
March 5 2003
Council met at 5:00 P.M. in the Public Library
Auditorium
Present: Mayor Duggan, Council Members
Buol. Clins. Connors, Markham. Michalski,
Nicholson, Assistant City Manager Cindy
Steinhauser. Corporation Counsel Barry Lindahl.
Mayor Duggan road the call and stated this is
a special session of the City Council called for
the purpose of acting upon the awarding of
contracts for the Mississippi River Discovery
Center Wetland - Site Package II Interior
Walkways Project aha also to act upon the
aumhase at property at 2521 Stafford Street.
Mississippi River Discovery Center Wetland -
Site Package Intedor Wall~vay Project: Proof of
publication on notice to bidders and City
Manager recommending award of Contract #1 -
Wood Piers and Decking and Contract #2 -
Wood Framing and Railings for the Mississippi
River Discovery Center Wetland - Site Package
Interior Walkway Project, presented and read.
Nicholson moved that the proof and
communication be received and filed. Seconded
by Michalski. Motion carried 7-0.
Jerry Enzler. Executive Director of [he
Dubuque Historical Society, spoke clarifying this
~roject and ~ts bidding history.
RESOLUTION NO. 77-03
AWARDING CONTRACTS FOR THE
MISSISSIPPI RIVER DISCOVERY CENTER
WETLAND - SITE PACKAGE II, INTERIOR
WALKWAYS PROJECT - NO. I (VVOOD
PIERS & DECKING, INCLUDING ALTERNATE
COMPONENT) AND NO. 2 (VVOOD FRAMING
& RAILING)
Whereas, sealed proposals have been
submitted by contractors for the Mississippi
River Discovery Center Wetland - Site Package
II. Intedor Walkways Project, Contract No. ~
(Wooc Piers & Decking, including Alternate
Component] and Contract No. 2 (Wood Framing
& Railing}, pursuant to Resolution No. 54-03 and
notice £o bidders published n a newspaper
pubiishec in the City of Dubuque, Iowa on the
19th day of February, 2003.
Whereas. said sealed proposals were ooened
and read on the 4th day of March. 2003. and it
has been determined that the bid of the following
contractors in the amounts specified were the
lowest bids for the furnishings of all labor and
materials and performing the work as provided
for in the plans and specifications.
NOW THEREFORE BE IT RESOLVED BY
THE CrTv COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That contracts for the above
improvement projects be awarded as follows,
subject to the concurrence by the iowa
DePartment of Transportation:
Contract' No. 1
Conlon Construction Co. 3,500.00
Wood Piers & Decking
With Alternate Contract No. 2
Tricon Construction $77.100.00
Wood Framing & Railings
Total $150,600.00
Section2. That upon the signing of said
contract and the approval of the contractor's
bond. the City Treasurer Is authorized and
instructed to return the bid deposits of the
unsuccessful bidders.
Passed. approved and adopted this 5'" day of
Marct~ 2003.
Terrance M. Duggan, Mayor
Attest: Karen M. Chesterman. Deputy City Clerk
Nicholson moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Pumhase of property at 2521 Stafford by City
Housing and Community Development
Department: City Manager recommending City
purchase property at 2521 Stafford, presented
ane read. Cline moved that the communication
be received and files. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 78-03
A RESOLUTION APPROVING THE ACQUIS-
ITION OF REAL ESTATE LOCATED AT 2521
STAFFORD STREET, IN THE CITY OF
DUBUQUE
Whereas, The City of Dubuque has a securod
interest in a property at 2521 Stafford Street;
and
Whereas. this interest is subordinate to a first
mortgage and will De otherwise lost Oue to a
legal action to cause forfeiture.
NOW, THEREFORE. BE IT RESOLVED ~Y
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, OWA:
Section 1. That the City of Dubuque hereby
approves the acquisition of the fo[lowing legally
described property:
Lot Two (2) of Lot One (1), and the East One-
half (E1/2) of Lot Four (4) of Lot Two (2), both in
Geiger's Subdivisior in the City of Dubuque,
County of Dubuque, iowa, according to the
recorded olats thereof.
At the cost of sixty-four thousand five hundrod-
six dollars 64 506).
Special Session, March 5, 2003
77
Section 2. That the City of Dubuque be and is
hereby authorized and directed to accept a Quit
Claim deed from the owner, conveying [he
owner's interest to the City of Dubuque, Iowa for
the herein described real estate.
SectJor 3. That the City Clerk be and she is
hereby authedze(J and directed to cause said
Quit Claim Deed to be recorded in the office of
the Dubuque County Recorder, together with
certified copy of this Resolution.
Section 4. That the City Clerk be and she is
hereby directed to forward s copy of this
Resolution to the Dubuque County Assessor
and the Dubuque County Auditor.
Passed, approved and adopted this 5th day of
March, 2003.
Terrance M Duggan, Mayor
Attest: Karen M. Chesterman. Deputy City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
There being no further business. Nichoison
moved to adjourn. Seconded by Cline. Motion
carried 7-0. The meeting adjourned 5:02 P.M.
It 3/12
Is/Karen M. Chesterman
Deputy City Clerk
Approved: '
Adopted:
Mayor
Council Members
Attest:
City Clerk
20O3
2003
78 Regular Session, March 17, 2003
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Ci~ Council, Regular Session, Mamh 17. 2003
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buo[. Cline, Connors. Markham, Michalsk[.
Nicholson. City Manager Michael Van Milligen,
Corporation Counsel Barry LindahL
Mayor Duggan road the call and stated this is
a regular session of the City Council called for
the purpose of discussing such matters which
may properly come before the City Council.
Invocation was given by Father Paul Offing,
Pastor of Holy Ghost Catholic Church.
CONSENT ITEMS
Minutes Submitted: Cable TV Regulatory
Commission of 1/8 and 2/1; Cable TV
Teleprogramming Commission of 3/4; City
Council of 2/26.2/27, 3/3 and 3/5: Civil Service
Commiss,on of 2/6; Housing Commission of
1/28; Human Rights Commission of 1/13 and
2/10: Library Board of Trustees of 12/19 and
1/23; Municipal Housing Agency of 2/27; Park
and Recreation Commission of 3/11; Zoning
Advisory Commission of 2/5, presented and
'ead. Buol moved that the minutes be received
and filed. Seconded by Nicholson. Motion
carriea 7-0.
Proofs of publication of City Council
proceedings of 2/17, 2/20, 2/24, 2/26 and 2/27;
of the Municipal Housing Agency of 2/27; and
the List of Claims and Summary of Revenues for
month ending January 31, 2003, presented and
read Suol moved that the proofs be received
ano filed. Seconded Dy Nicholson. Motion
carhed 7-0.
Finance Director submitting the City of
Dubuque Financial Reports for the month ending
February 28, 2003, presented and read. Buol
movee that the communrcation and reoorts be
received and filed. Seconded by Nicholson.
Motion carned 7-0.
Notice of Claims/Suits: Lynn Schmitz for
personal injury; Teamsters Local Union No. 421
vs. City of Dubuque, presented and read. Buol
moved that the claims and suits ce referred to
the Legal Staff for investigation ano report.
Seconded by Nichotson, Motion carried 7-0.
Corporation Counsel recommending denial of
the claim of John Schreiber for property
damage, oresented and read. Buol moved that
the communication be received and filed and
concurred. Seconded ay Nicholson Motion
carried 7-0.
Friends of "Continuum" Committee: Commu-
nication and petition from Janet Young and Jan
Oswald submitting suggestions for placement of
the "Continuum." presented and read.
Nicholson moved that the communication be
received and flied. Seconded Dy BuoL Motion
carried 7-0.
Hotel/Conference Center Parking Lots and
Fifth Street Construction Project - Acceptance:
City Manager recommending acceptance of the
Hotel/Conference Center Parking Lots ano Fifth
Street Construction Project in the final contract
amount of $1,149,073.84, presented and read.
Buol moved that the communication be received
and filed. Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 78A-03
ACCEPTING IMPROVEMENT
Whereas. the contrac[ for the Hotel/Conference
Center Parking Lots & Fifth Street Construction
Project has been completad and the City
Manager has examined the work and filed his
certificate stating that the same has been
completed according to the terms of the
contract plans and specifications and
recommends its acceptance.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and thal said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED fha1 the City
Treasurer be and he is hereby directed fo pay to
the contractor from the Fiscal Year 2003
General Ob[iga6on Bonds and the Road Use
Tax Funds in amounts equal to the amount of
his contract, less any retained percentage
provided for therein.
Passed. approved and adopted this 17'" day of
March, 2003,
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC. City Clerk
~uol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0,
RESOLUTION NO. 79-03
FINAL ESTIMATE
Whereas, the contract for the Hotel /
Conference Center Parking Lots & =ifth Street
Construction Project has been comDletad and
Regular Session, March 17, 2003
79
the City Engineer has submitted his final
estimate showing the cost thereof including the
cost of estimates, notices and inspection and all
miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvemenl
is hereby determined to be $1,221,548.17 and
the said amount shalt be paid from the Fiscal
Year 2003 General Obligation Bonds and Road
Use Tax Funds of the City of Dubuque, Iowa.
Passed, approved and adopted this 17~ day of
March, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution,
Seconded by Nicho[son. Motion carded 7-0
Five Flags Theater- Replace East Doom
Project ' - Acceptance: City Manager
recommending acceptance of the Five Flags
Theater - Replace East Doore Project in the
final contract amount of $29,307, presented and
read. Buot moved that the communication be
received and filed. Seconded by Nicholson
Motion carried 7-0.
RESOLUTION NO. 80-03
ACCEPTING IMPROVEMENT
Whereas, the contract for the Five Flags
Theater - Replace East Doore Project has been
completed and the City Manager has examined
the work and filed his certificate stating that the
same has been completed according to the
terms of the contract, plans and specifications
and recommends its acceptance.
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1, That the recommendation of the City
Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the Genera[ Fund in amount
equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 17t~ day of
March, 2003.
Terrance M Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carded 7-0.
RESOLUTION NO. 8'I-03
FINAL ESTIMATE
Whereas, the contract for the Five Flags
Theater - Replace East Doom Project has been
completed and the Engineer has submitted his
final estimate showing the cost thereof includir~g
the cost of estimates, notices and inspection and
all miscellaneous costs:
NOW. THEREFORE, BE iT RESOLVED, BY
THE CITY COUNCIL OF THE ClTY OF
DUBUQUE. tOWA:
Section 1. That the cost of said improvement
is hereby determined to be $29,307.00, and the
said amount shall be paid from the General
Fund ofthe City of Dubuaue. owa.
Passed. approved and adopted this 17th day
of March, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carded 7-0.1
Five Flags Theater - Reroofing and Masonry
Restoration Project - Acceptance: City
Manager recommending acceptance of the Five
Flags Theater Rereefing ahd Masonry
Restoration Project in the final contract amount
of $124,437, presented and read. ~uol moved
that the communication be received aha filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 82-03
ACCEPTING IMPROVEMENT
Whereas, the contract for the Five Flags
Theater - Reroofing and Masonry Restoration
Project has been completed and the City
Manager has examined the work and flied his
certificate stating that the same has been
completed according to the terms of [he
contract, plans and specifications aha
recommends its acceptance.
NOW, THEREFORE, BE IT RESOLVED. BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
1. That the recommendation of the Cit~
Manager be approved and that said
improvement be and the same is hereby
accepted.
BE iT FURTHER RESOLVED that the City
Treasurer ~e and he is hereby directed to pay to
the contractor from the General Fund in amount
equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 17th day
of March, 2003.
Terrance M, Duggan, Mayor
Affest: Jeanne F, Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0~
RESOLUTION NO. 83-03
FINAL ESTIMATE
Whereas, the contract for the Five Flags
Theater- Reroofing And Masonry Restoration
Project has been completed and the Engineer
has submitted his final estimate showing the
cost thereof including the cost at estimates,
80 Regular SessiOn, March 17, 2003
notices and inspection and all miscellaneous
costs;
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $124,437.00, and the
said amount shall be paid from the General
Fund of the City of Dubuque, Iowa.
Passed. approved and aaopted this 17th day
of March. 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buo[ moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Canfield Place No. 2 - Plat of Survey: Zoning
Advisory Commission recommending approval
of the Plat of Survey of Lot 1 and Lot 2 of
Canfield Place No. 2, located at the southwest
corner of Fourth and iowa Streets, as reauestec
by the City of Dubuque, presented and read.
Buol moved that the communication be received
aha filed. Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 84-03
RESOLUTION APPROVING THE PLAT OF
SURVEY LOT ~ AND LOT 2 OF CANFIELD
PLACE NO 2.
Whereas there has 3een fi[ed with the City
Clerk a Plat of Survey Lot I and Lot 2 of
Canfield Place No. 2: and
Whereas. Lot 1 orovides 4.936 square feet of
~o[ area and 35.97 feet of lot frontage, where
5,000 sauare feet of lot area and 50 feet of lot
frontage is required by Section 42-19(b) of the
Subdivision Regulations; and
Whereas. said survey plat has been examined
by the Zoning Advisory Commission and had its
approval endorsed thereon; and
Whereas, said plat has been examined by the
City Council and they find that it conforms to the
statutes and ordinances relating thereto.
NOW THEREFORE, BE iT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
Section 1. That Section 42-19(b) of the
Subdivision Regulations is waived to allow Lot ~
to have 4.936 square feet of lot area and 35.97
feet of lot frontage, where 5,000 square feet of
lot area and 50 feet of lot frontage is reouired.
Section 2. That the Plat of Survey _ct 1 and
Lot 2 of Canfield Place No. 2 is hereby approved
and the Mayor and City Clerk are hereby
authorized and directed to endorse the approval
of the City of Dubuque, Iowa upon said final plat.
Passed, approved and adoeted this 17th day of
March, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buor moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Gassman Quarry - Final Plat: Zoning
Advisory Commission recommending approval
of the final plat of Lot 1 of the SE %, NE % and
Lot 2 of the NE %, SE ¼ of Section 7, T88R2E
of Gassman Quarry, located at the corner of Old
Massey Road and Highway 52 in Dubuque
County, as requested by Bob Mil]edMiidred and
Robert Gassman. presented and reaa. Buol
moved that the communication be received and
flied. Seconded by Nicho[son. Motion carded 7-
0.
RESOLUTION NO. 85-03
RESOLUTION APPROVING THE FINAL PLAT
OF LOT 1 OF THE SE %. NE % AND LOT 2 OF
THE NE %, SE % OF SECTION 7, T88 R3E.
Whereas. there has been filed with the City a
final plat of Lot 1 of the SE %, NE ¼, and Lot 2
of the NE %, SE ¼ of Section 7, T88 R3E: and
Whereas, Lot 2 provides 0 feet of lot frontage
where 50 feet of lot frontage minimum is
required for each lot by Section 42-19(b) of the
Subdivision Regulations; and
Whereas, said final plat has been examined by
the Zoning Advisory CommisSion and had its
approval endorsed thereon; and
Whereas said final plat has been examined ay
the City Council and they lind that it conforms to
the statues and Drdinances relating thereto.
NOW THEREFORE. BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
Section 1. That Section 42-19(b) of the
Subdivision Regulations is waived to allow Lot 2
to have 0 feet of lot frontage where 50 feet of
frontage is required for each
Section 2. That the final plat of Lot 1 of the SE
¼. NE ¼ and Lot 2 of the NE ¼, SE ¼ of
Section 7 T88 R3E is hereby approved and the
Mayor and City C[erk are hereby authorized and
directed to endorse the approval of the City of
Dubuque. Iowa upon said final plat.
Passed. approved and adopted this 17'" day of
March, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Priorities and Requests for Federal Financial
Assistance: City Manager recommending
appreva~ of [he City's updated PriodUes and
Requests for Federal Financial Assistance,
presented and read. Buol moved fha! the
communication De received and filed and
approved recommendation. Seconded by
Nicholson Motion carried 7-0.
Regular Session, March 17, 2003
8t
HMS Preferred Health Choices: City Manager
recommending that certain designated agents of
the City be authorized to make withdrawals from
a specialized bank accounl for self-insured
health benefits used to pay medical and
disability expenses, presented and read. Buol
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 7-
0.
RESOLUTION NO. 86-03
RESOLUTION AUTHORIZING CERTAIN
DESIGNATED AGENTS OF THE CITY OF
DUBUQUE LIMITED AUTHORIZATION TO
EXECUTE WITHDRAWALS ON BEHALF OF
THE CITY OF DUBUQUE, IOWA
Whereas. the City of Dubuque deDosita certain
funds for specific use in local commemial
banking institutions; and
Whereas, the commercial banking institutions
require authorization by the City Council for City
employees and others to make withdrawats'on
such banking institutions; and
Whereas. the City Council has determined that
agents of the City of Dubuque who may make
withdrawals on a designated account on behalf
of the City of Dubuque for the City of Dubuque
Medical Health Account number 2010981 at
American Trust and Savings Bank.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the HMS Preferred Health Choices, Inc.
authorized individuals are hereby granted ability
to make withdrawals on behalf of the City of
Dubuque [or the Medical Health Account
number 2010981 at American Trust and Savings
Bank.
Passed, approved and adopted this 17th day
of Mamh, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne Schneider, City Clerk
Buoi moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7~0.
Tobacco Penalties: City Manager
recommending that a hearing be set for Apdl 7,
2003 to consider assessing civil penalties
against two tobacco permit holders for underage
tobacco sales, presented and read. Buol
moved that the communication be received and
filed and set hearing for Apdl 7, 2003 at a
meeting to commence at 6:30 P.M. in the public
library auditorium. Seconded by Nicholson.
Motion carried 7-0.
Iowa Department of Economic Development:
Communication from the Iowa Department of
Economic Development advising that the review
of the first phase of the City's HOME Partnership
Program (Agreement Number HMS-135-21) has
been completed and has been found to be in
substantial compliance with financial and
program requirements, presented and 'ead.
Buol moved that the communication be received
and filed, Seconded Dy Nicholson. Motion
carried 7-0,
Iowa Department of Transportation: Notice
from the iowa Department of Transoottation
regarding 2003 public input meetings, presented
and read. Buol moved that the communication
be received and fileQ. Seconded by Nicholson.
Motion carried 7-0.
Easl Central intergovernmental Association:
Communication from the East Central
intergovernmental Association regarding the
impact of the STIR proposal on the general fund
of iowa cities, presented and read. Buol moved
that the communication be received and filed.
Seconded by Nicholsor Motion carried 7-0.
Application for Homeownership Assistance
Funds: City Manager recommending approval
of an application to the Federal Home Loan
Bank (FHLB) for Affordable Housing Program
funds to assist income-qualifying families to
purchase a home, presented and read, Buol
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 7-
0.
RESOLUTION NO. 87-03
A RESOLUTION AUTHORIZING
SPONSORSHIP OF AN APPLICATION TO
THE FEDERAL HOME LOAN BANK OF DES
MOINES FOR AFFORDABLE HOUSING
PROGRAM FUNDS.
Whereas, the Federal Home Loan Bank has
published notice to avai[abi[~ of funds under the
Affordable Housing Program: and
Whereas, local member FHLB ~ending
institutions have agreed to submit an application
for these funds, for a pm~c "am of
homeownership assistance to lower-income
households; and
Whereas, the City's Consolidated Plan
promotes the objectives of homeow~ership
assistance and stabilizatior of target
neighborhoods; and
Whereas. prawsion of homeownemhip
opportunities to the City's working families is a
necessary complement to on-going economic
development efforts.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA.
Section 1. The Mayor is hereby authorized to
execute this resolution in sponsorship of an
application to the Federal Home Loan Bank for
Affordable Housing Program funds to assist
lower-income families to purchase homes.
82 Regular Session, March '17, 2003
Section2. This resolution shall take effect
immediately.
Passed, approved and adopted this 17~" day of
Marcn 2003.
Temance M. Duggan, Mayor
Attest: Jeanne Schneider, City Clerk
Duo[ moved adoption of the Resolution.
Seconded ~)y Nicholson, Motion carried 7-0.
Contract for Administrative Services for Old
Mi Road Property Purchase Grant: City
Manager recommending approval of an
Administrative Plan and a Contract for Services
with East Central Intergovernmental Association
for administrative services required to acquire
three properties, including relocation assistance
to property owners and demolition of structures.
as described in the grant agreement with the
iowa Emergency Management Division,
;)resented and read. Buol moved that the
communication be received and filed and
approved Plan and Contract. Seconded by
Nicholson. Motion carried 7-0,
U.S. Department of Housing and Urban
:)evelocment: Communication from the U.S.
Department of Housing and Urban DeveloPment
(HUD) advising that the City's Fiscal Year 2003
allocation for Community Development Block
Grant Funds ~s $1,481 000 presented and read.
Buol moved that the communication be received
and filed. Seconded by Nicholson, Motion
carded 7-0,
Iowa Resource for international Service:
Communication from Bob Anderson. iowa
Resource for International Service President.
expressing thanks to the City Council and
citizens of Dubuque for the excellent hospitality
extended to the four international participants
living with host families in the Dubuque area,
presented and read. Buol moved that the
communication be receiveo and filed. Seconded
by Nicholson. Motion carded 7-0.
Civil Service Commission: Civil Service
Commission submitting the certified list for the
position of Parking Meter Checker, ;)resented
and read.
March 11 2003
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the 2001
Code of Iowa. an examination for the position of
Parking Meter Checker was g~ven on February
24, 2003. We hereby certify that the individuals
listed on the attached sheet have passed this
written examination and the vacancy for this
oosition snou~d be made from this list and thai
[his list is gooc for two (2) years [rom above
date.
Respectfully submitted,
/si Merle Duehr. Chairperson
Is/Loras Kluesner
/s/Richard Wertzberger
Civil Service Commission
PARKING METER CHECKER
Roger Brooks Gary Nauman
Norman Homb Wayne Ries
Timothy Altman Donald Wdght
Shawn McCuJlough Rose Hoerner
Scan Monaghan Waylen Hackbarth
Christopher Scheopner Chad Streauser
Adam Kruser June Hancock
Mark Micnener Susan Groth
Vlilton Koons Cyril Lammers
Thomas McGovem Susan Myers
Lynn Pape Larry Treester, Ifi
Susan Davis Rachel Kruse
Katherine Meyer Dennis Murray
Benjamin Steuer Shad Vretsos
Daniel Calvert Peter Gaei
Ann Maas Rita Parkin
Charles SDielman Daniel Breitbach
Susan Dix Mary Gerardy
Nancy Helling Kimbedy OberfoelI-Fetgatter
Doreen Rettenberger Karen Stoffel
Luellen Swan
Buol moved that the above communication
and certification be made a matter of record.
Seconded by Nicholson. Motion carried 7-0.
Public Bidding Threshold: Communication
from the City Manager to area legislators
requesting their support for SSB 1115 and HSD
188 which would raise the public bidding
threshold to a level consistent with today's rate
of inflation, presented and read. Buol moved that
the communication be received and filed,
Seconded by Nicholson. Motion carried 7-0
Voluntary Annexations: Communication from
the City Manager to area State Representatives
requesting their opposition to HF 196 regarding
voluntary 80/20 annexations, presented and
read. Buoi moved that the communication be
received and filed. Seconded by Nicholson.
Motion carded 7-0,
Request to Vacate: Communication from
Steven Schmitz and Michael White requesting
that the City vacate a public utility easement
located on Lot 4 in Plaza Court Subdivision,
presented and read. Buol moved thal the
communication be received and filed and
referred [o the City Manager. Seconded oy
Nicholson. Motion carded 7-0.
Business Licenses:
RESOLUTION NO. 88-03
Whereas applications for Liquor Licenses
have been submitted to this Council for approval
Regular Session, March 17, 2003
83
and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have flied proper
bonds.
NOW THEREFORE, BE IT-RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS'%" BEEPJLIQUOR LICENSE
Donna Ginter West Dubuque Tap+
(Sunday Sale) 1701 Asbury Rd
Jamis, LLC Ground Round Restr.+
(Sunday Sale) 50 JFK Rd
Passea. approved and adopted this 17'n day
of Mamh 2003.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buo] moved adoption of the Resolution.
Seconded by Nicholson, Motion carried 7-0.
ITEM TO BE SET FOR PUBLIC HEARING
Fiber Optic Connection between City Network
and the Port of Dubuque - Initiate: City Manager
recommending initiation of the public bidding
process for the fiber optic connect[on between
Fourth and Iowa Streets and the Port of
Dubuque and [hat a public heedng be set for
April 21, 2003, presented and read. Markham
moved that the communications be received and
filed. Seconded by C[ine. Motion carried 7-0.
RESOLUTION NO. 89-03
RELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of conb-act and estimated cost for the Fiber
Optic Connection Project between City Network
and Port of Dubuque, in the estimated amount
$28,068.81 are hereby approved and ordered
filed in the office of the City Clerk for public
mspection.
Passed, adoeted and approved this 17TM day of
Mamh, 2003.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carded 7-0.
RESOLUTION NO. 90-03
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications
and form of contract anc ~laced same on file ir
the office of the City Clerk for public inspectior
of the Fiber Optic Connection Project betweec
City Network and Port of Dubuque.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Headng will be held on the 21s,
day of April, 2003, al 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contTact and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of time and place of such heating to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa, which
notice shall be not less than four days nor more
than twenty days prior to the day fixed for its
consideration. At the headng, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, adopted and approved this 17TM day of
Mamh, 2003.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution
seeing Hearing for 4/21/03 at a meeting to
commence at 6:30 P.M. n the public library
auditorium and that the City Clerk publish notice
in the manner prescribed by law. Seconded by
Ctine. Motion carded 7-0.
RESOLUTION NO. 91-03
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
OWA:
Thai the Fiber Ootic Connection Project
between City Network and Port of Dubuque is
hereby ordered [o be advertised for bids for
construction.
BE IT FURTHER RESOLVEB, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the prowsions
of the Notice to Bidders hereby approved as a
part of the plans and specifications ~eretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
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
poor to the receipt of said bids at 2:00 p.m. on
the 10th day of April, 2003. Bids shall be opened
and read by the City Clerk at said time and will
be submitted to the Council for final action at
6:30 p.m. on the 21s' day of April, 2003.
84 Regular Session, March 17, 2003
Passed, adopted and approved this 17m day of
~lamh. 2003
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC. City Clerk
Markham moveo adootion of the Resolution.
Seconded by C[ine. Motion carried 7-0.
BOARDS/COMMiSSIONS
Appointments to the following Boards /
Commissions:
Historic Preservation Commission (One
unexpired three-year term reoresenting the Old
Main District through 7/1/05 and one unexpired
three-year term representing the Jackson Park
District threugn 7/1/04}: Applicant: Mary Loney
Bichell (Jackson Park Disthct). Michalski
moved that Mary Loney Bichell De appointed to
the anexpired three year term which will expire
7/1/04 Seconded by Cline. Motion carried 7-
0.
Housing Commission (One unexpired three-
year term through 8/17/04): Applicant: Joseph
Suarez. Markham moved that Joseph Suarez
be appointed to the unexpired term which will
expire 8/17/04. Seconded by Buol. Motion
carried 7-0.
Zoning Board of Adjustment (One five-year
term [nreugh 3/25/08 - term of Urell): Applicant:
aim Urell. Cline moved thai Jim Urell be
reappointed to a five year term which will expire
3/25/08. Seconded by Buol. Motion carried 7-0.
PUBLIC HEARINGS
Michalski moved that the rules be
suspended to allow anyone present [o speak.
Seconded by Connors. Motion carded 7-0.
Crescent Ridge Road - Request to Rezone:
Proof of publication on notice of headng to
consider a reouest from Tom and Ed Zalaznik to
rezone property located on Crescenl Ridge
Road, west of Cedar Cross Road, from AG
Agricultural District to CS Commercial Service
and Wholesale District and Zoning Advisory
Commission recommending approval with
conditions, presented and read. Buol moved
that the proof and communication be received
and fi]ea. Seconded by Cline. Motion carried 7-
0.
Tom Zalaznik. as owner of the property, spoke
requesting the rezoning.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described properly located along the north aide
of Crescent Ridge Road from AG Agricultural
District to CS Commercial Service and
Wholesale District, with conditions. 2resentec
and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 17-03
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCEI OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED ALONG THE
NORTH SIDE OF CRESCENT RIDGE FROM
AG AGRICULTURAL DISTRICT TO CS
COMMERCIAL SERVICE AND WHOLESALE
DISTRIOT, WITH CONDITIONS
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinaffer-descdbed property from AG
Agricultural District to CS Commercial Service
and Wholesale District. with conditions, as
shown in Exhibit A, and to the centadine of the
adjoining public right-of-way, all in the City of
Dubuque, iowa,
Section 2, The foregoing amendment has
heretofore oeen rewewed by the Zoning
Advisory Commission of the City of Dubuque,
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
aw.
Passed, approved and adopted this 17~ day of
March 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
ACCEPTANCE OF ORDINANCE NO. 17-03
We, Tom Zalaznik and Ed Zalaznik. property
owners, having read the terms and conditions of
the foregoing Ordinance No. 17-03 and being
familiar wfth the conditions thereof, hereby
accept this same ano agree to the conditions
required therein.
Dated in Dubuque, Iowa this 17'n day of March
2003.
/s/Tom Zalaznik
/s/Ed Zalaznik
Published officially in the Telegraph Herald
newspaper this 21s' day of March, 2003.
Jeanne F. Schneider, City Clerk
It 3/17
Buol moved that the requiremenl that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Cline. Motion carried 7-0.
Hillcrest Family Services ID Institutional
District Amendment: Proof of publication on
notice of hearing to consider amending the
Hillcrest Family Services ID Institutional Distdcl
to allow extension of the time frame for use of
Regular Session, March 17, 2003
85
the existing portable classrooms and Zoning
Advisory Commission recommending approval,
presented and read, Michalski moved that the
proof and communication be received and filed.
Seconded by Nicholson. Motion carded 7-0.
Gary Gansemer, of HiIIcrest Family Services,
spoke requesting the rezonthg.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by repealing Section 2(D)(2) of
Ordinance No. 55-00 and enacting a new
Section 2(D)(2) in lieu thereof pertaining to the
time limit for use of portable classrooms at
Hillcrest Family Services, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 18-03
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, BY
REPEALING SECTION 2(D)(2) OF
ORDINANCE NO. 55-00 AND ENACTING A
NEW SECTION 2(D)(2) IN LIEU THEREOF
PERTAINING TD THE TIME LIMIT FOR USE
OF PORTABLE CEASSROOMS AT
HILLCREST FAMILY SERIVCES.
Whereas, Ordinance No. 55-00 was adopted
on July 5, 2000, by the Cit~ Council amending
the D Institutional District for Hillcrest Family
Services; and
Whereas, Hilicrest Family Services has
requested an amendment to the ID thstitutieoal
District regulating the time limit for use of the
portable classrooms in the ID institutional
District.
NOW. THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
~)UBUQUE, IOWA:
Section 1. That Appendix A (the Zoning
Ordinance) is hereby amended by repealing
Section 2(D)(2) of Ordinance No. 55-00 and
enacting a new Section 2(D)(2) in lieu thereof,
as follows:
2(D)(2): All portable classrooms located in this
D Disthct shall be removed by Hillcrest Family
Services no later than June 30, 2006~
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This Ordinance shall take effect
immediately upon publication as provided by
[aw.
Passed, approved and adopted this 17~ day of
March, 2003,
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 18-03
I, Gary L. Gansemer. Hilicrest Family
Services. having read the terms and conditions
of the foregoing Ordinance No.18-03 and
being familiar with the conditions thereof, hereby
accept this same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this 12~n day of
March, 2003.
/si Gary L. Gansemer
Hillcrest Family Services
Published officially in the Telegraph Herald the
21s~ day of March, 2003.
/s/Jeanne F. Schneider, CMC
City Clerk
It 3/21
Michalski moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspende~ and further moved final consi-
deration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
Vacating Request - Alley Between Bryant and
Ramona Streets: Proof of Publication on notice
of hearing to consider a request from the
Dubuque Community School District to vacate
the alley between Bryan[ and Ramona Streets
from Mt. Loretta Avenue 148 feet south and City
Manager recommending approval, presented
and read. Cline movec that the proof and
communication be received and filed.
Seconded by Nicholson. Motion carded 7-0.
RESOLUTION NO. 92-03
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT lA AND LOT 3A IN
COLUMBIA ADDITION IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pumuant to resolution and published
notice of time and place of hgaring, published in
the Telegraph Herald, a newspaper of general
circulation pubtished in the (.~ity of Dubuque,
owa on March 7, 2003, theri.~,ity Council of the
City of Dubuque, Iowa met on the March 17.
2003, at 6:30 p.m. n the Public Library
Auditorium, 360 West 11TM Street Dubuque,
owa to consider the proposal for the sale of real
estate described as:
Lot lA and Lot 3A in Columbia Addition in the
City of Dubuque, Dubuque County, Iowa
Whereas, the City Council of the City of
Dubuque, ~owa overruled any and all objections,
oral or written to the proposal to sell such rea[
estate, exceot for easement as noted.
NOW THEREFORE, BE iT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque
real property described as Lot lA in Columbia
Addition in the City of Dubuque, Dubuque
County, Iowa, to Dubuque Community Schools
be and the same is hereby approved for the cost
of publication, platting, filing fees, and the
dedication of a 10-foot strip along the south
86 Regular Session, March 17, 2003
right-of-way line of Mt. Loretta Avenue from
Bryant Street to Ramona Street. Conveyance
shall be by Quit Claim Deed.
Section 2. Thai the sale of City of Dubuque
rea[ property described as Lot 3A in Columbia
Addition in the City of Dubuque, Dubuque
County, Iowa, to Janaan D. Hanten be and the
same is hereby approved. Conveyance shall 3e
by Quit Claim Deed.
Section 3. The City of Dubuoue reserves unto
itself a perpetual easement including the right of
ingress and egress thereto, for the purpose of
erecting, installieg, construction, reconstructing,
repa~dng, owning, operating, and maintaining
water, sewer, drainage, gas, telephone, t.v.
cable and electdc lines as may be authorized by
the City of Dubuque, Iowa as shown on the Plat
of Survey of Lot lA and _ct 3A in Columbia
Addition in the City of Dubuque, Dubuque
County, Iowa.
Section 4. That the Mayor be authorized anc
directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
directed to deliver said deed of conveyance to
Dubuoue Community Schools and Janaan D.
Hanten upon receipt of the purchase price in full
Section 5. That the City Clerk be and is hereby
authorized and directed to record a ce~fied
copy of this resolution Jn the 3ffice of the City
Assessor. Dubuque County Recorder and
Dubuque County Auditor.
Passed. approved and aoopted this 17'n day of
Mamh. 2003.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoetion of the Resolution.
Seconded by Nicholson. Motion ~arried 7-0.
Mediacom Franchise Extension: Proof of
publication on notice of hearing to consider an
additional short-term extension through June 30,
2003 of the existing Mediacom cable franchise
and site agreements under the terms currently in
effect and City Manager recommending
approval, presented and read. Buol movee that
the Drool and communication be received ano
filed Seconded by Nicholson. Motion carried 7-
0,
An Ordinance Extending the [erm of the
existing cable franchise agreement and hub site
lease of MCCIowa, _.LC. £o June 30, 2003,
3resented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 19-03
AN ORDINANCE EXTENDING THE TERM OF
THE EXISTING CABLE FRANCHISE
AGREEMENT AND HUB SITE LEASE OF
MCCIOWA, EEC. TO JUNE 30, 2003.
Whereas. MCCIowa, L.L.C. (Mediacom) is the
current holder of a cable services franchise,
embodied in Ordinance No. 42-81, as modified
by a series of waivers and side agreements, and
acquired from TCI of Iowa. Inc. via a transfer
approved by the Dubuque City Council on June
18, 2001: and
Whereas. one of the side agreements is a
lease to Mediacom to build and maintain a
network hub on City-owned property located at
1585 West Third Street in Dubuque; and
Whereas, the terms of the franchise and of the
lease will expire March 31, 2003: and
Whereas, representatives of the City of
Dubuque and of Mediacom have entered into
good faitl' negotiation of terms and conditions
for the renewal of the franchise and the lease.
NOW. THEREFORE. 3E T ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 The [erm of the cable services
franchise and the term of the lease are hereby
extended to June 30. 2003, with all the dghts,
privileges and responsibilities appertaining
[hereunto: and
Section 2. The City Manager is hereby
authodzeq to s~gn ane administer the extension
agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 17th day
of March 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Published officially in the Telegraph Herald the
21s~ day of March, 2003.
Jeanne F. Schneider. CMO, City Clerk
It 3/21
Buol moved that the requirement that a
proposed Ordinance De considered and voted
on for passage at two Council Meetings ~rior to
the meefing at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
Carnegie Stout Public Library Roof
Replacement Project: Proofs of publication on
notice of headeg on plans and specifications
aha notice to bidders on the receipt of bids, and
City Manager recommending award of the
contract for the Public Library Roof Replacement
Project to Jim Giese Commercial Roofing in the
amount of $42.983, presented and read. Cline
~noved that the proof aha communication be
received and filed Seconded by Connore.
Motion carried
RESOLUTION NO. 93-03
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 3ra day of February, 2003
plans, specifications and form of contract were
filed with the City Clerk of Dubuque. iowa for the
replacement of the 1980 Camegie-Stout Public
Library addition roof.
Regular Session, March 17, 2003
87
Whereas, notice of hearing on plans,
specifications, and form of contract was
published as required by law,
NOW. THERFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and cost for the Roof Replacement
Of The 1980 Carnegie-Stout Public Library
Addition in the amount of $42.983.00 are hereby
approved for said project.
Passed. approved and adopted this 17TM day of
March 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Conners. Motion can'ied 7-0.
RESOLUTION NO. 94-03
AWARDING CONTRACT
Whereas. sealed proposals have been
submitted by contractors for the replacement of
the roof on the 1980 addition to the Carnegie
Stout Public Library and notice to biddem has
been published in a newspaper published in the
City of Dubuque, Iowa on the 7th day of February
2003; and
Whereas the said sealed proposals were
opened and read of the 4'" day of March 2003
and it has been determined that the bid of Jim
Giese Commemial Roofing in the amount of
forty-two thousano, nine hundred eighty-throe
dollars ($42,983.00) was the lowest bid for
furnishing the base bid materials as provided for
in the plans and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
That the contract for the above construction be
awarded to Jim Giese Commercial Roofing and
the Manager is hereby authorized to execute a
contract on behalf of the City of Dubuque.
Passed, approved and adopted this 17th day of
Mamh 2003.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved aaoption of the Resolution.
Seconded by Connora. Motion carded 7-0.
Michalski moved that the rules be reinstated
limiting discussion to the Council, Seconded by
CIine. Motion carried 7-0.
ACTION ITEMS
Pothoff Place No. 2 - Preliminary Plat: Zoning
Advisory Commission recommending approval
of the preliminary plat of Pother Place No. 2,
located northeast of Gardener's Lane
Emberwood Drive in Dubuque County, as
requested by Ronald, Alvin and Francis Pother,
presented and read.
Frank Pother spoke and requested that the
26' road width be waived and go to 22 feet.
Cline moved to receive and file the
communication and approve the plat, with the
amendment of a 22' roadway. Seconded by
Markham. Carried by the following vote:
Yeas---Buol. Cline, Connora. Duggan, Markham
Michalski, Nays---Nicholson.
Wertzberger Acres No, 2 - Preliminary Plat:
Zoning Advisory Commission recommending
approval of the preliminary plat of Wedzberger
Acres No. 2, located at 9773 Katie Cove in
Dubuque County, as requested by Wa[tar
Wertzberger, 3resented and road. Cline moved
that the communication be received and filed
and approved the plat Seconded by Michalski.
Motion carried 7-0.
Golf Course Renovation Master Plan: City
Manager recommending approval of the hiring of
Gill Miller Golf Course Architects. Inc. to conduc[
a renovation study and develop a master plan
for the Bunker Hill Golf Course, presented and
read. Nicholson moved that the communication
be received and filed and approved
recommendation. Seconded by Conners
Motion carried 7-0,
Old Mill Road P~-operty Purchase: City
Manager recommending approval to eroceed
with closing on the pumhase of three properties
on Old Mill Road. previously approveo by
Council on December 16. 2002, [3ending receiet
and processing of the FEMA contract for these
properties on March 14, 2003, presented ane
read. Cline moved that the communication be
received and filed and approved
recommendation. Seconded by Niche[son.
Motion carried 7-0.
Bee Branch Alignment Study Request for
Proposals: City Manager recommending
approval of a proposed Request for Proposals
(RFP) for the Bee Branch Creek Alignment
Study to address issues related to the second
phase of the Drainage Basin Master Plan.
presented and read. Nicholson moved that the
communication be received and flied and
approved recommendation. Seconded by Buol,
Carried by the following vote: Yeas--Buol.
Cline, Conners, Markham, Michalski Nicholson.
Nays--Duggan.
Bluff Land Protection Measures: City Manager
submitting information regarding Bluff Land
Protection Measures. presented and read.
Cline moved that this item be tabled to the
4/21/03 Council Meeting, Seconded by
Niche[son. Carried by the following vote:
Yees--Buol, CIine, Conners, Duggan, MichalskL
Nicholson. Nays--Markham.
88 Regular Session, March 17, 2003
At 7:27 P.M. Michalski moved to go into
Closed Session re: Pending Litigation and
Properly Acquisition - Chapter 21.5(1 )(c)(j) 2001
Code of Iowa. Seconded by BuoL Motion
carried 7-0.
At 7:45 P.M. Council reconvened stating 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 7:46
P.M.
/s/Jeanne F. Schneider, CMC
City Clerk
It 3/26
Approved:
Adopted:
2003
2003
Mayor
Counci~ Members
Attest:
City Clerk