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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