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2003 March Council Proceedings Regular Session, March 3, 2003 67 DUBUQUE read. Buol moved that the communications be received and filed and concurred. Seconded by CITY COUNCIL Cline. Motion carried 7-0. OFFICIAL PROCEEDINGS Corporation Counsel recommending settlement of the claim of Joseph Melssen for City Council, Regular Session, March 3, 2003 property damage and that the Finance Director Council met in Regular Session at 6:30 P.M. in issue payment, presented and read. Buol the Library Auditorium moved that the communication be received and filed and concurred and Finance Director to Present: Mayor Duggan, Council Members issue payment. Seconded by Cline. Motion Buol, Cline, Connors, Markham, Michalski, carried 7-0. Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Citizen Communication: Communication from Valorie Woerdehoff concerning the anti-war Mayor Duggan read the call and stated this is resolution that came before the City Council, a special session of the City Council called for presented and read. Buol moved that the the purpose of discussing such matters which communication be received and filed. Seconded may properly come before the City Council. by Cline. Motion carried 7-0. Invocation was given by Reverend Jerry E. Iowa League of Cities: Communication from Oakland, Pastor, St. Luke’s United Methodist the Iowa League of Cities advising that Dubuque Church. has been chosen as the site for the 2007 Annual Conference and Exhibit, presented and read. PROCLAMATIONS: Welcoming Ms. Darina Buol moved that the communication be received Baranchikova of Hemmene, Slovakia received and filed. Seconded by Cline. Motion carried 7- by Darina Baranchikova; Welcoming Mr. 0. Watslaw Prazuch of Turnow, Poland received by Watslaw Prazuch; Welcoming Mr. Laszlo Burlington Northern Railroad Depot Szalkai of Vezprem, Hungary received by Laszlo Restoration Project: City Manager Szalkai; and Ms. Diana Turlakova of Star recommending acceptance of the Burlington Zagora, Bulgaria received by Diana Turlakova. Northern Railroad Depot Restoration Project – Contract No. 2 (General Demolition) in the final CONSENT ITEMS contract amount of $38,000.00 and Contract No. 5 (Steel) in the final contract amount of Minutes Submitted: City Conference Board of $87,625.57, presented and read. Buol moved 1/21; City Council of 2/17, 2/20 and 2/24; Five that the communication be received and filed. Flags of 1/13; Long Range Planning Advisory Seconded by Cline. Motion carried 7-0. Commission of 2/19; Mechanical Board of 2/18; Plumbing Board of 2/26, presented and read. RESOLUTION NO. 62-03 Buol moved that the minutes be received and ACCEPTING IMPROVEMENT filed. Seconded by Cline. Motion carried 7-0. Whereas, the contracts for the Burlington Proof of publication of City Council Northern Railroad Depot Restoration Project, Proceedings of 2/3, 2/5 and 2/10, presented and Contract No. 2 – General Demolition and read. Buol moved that the proofs be received Contract No. 5 - Steel have been completed and and filed. Seconded by Cline. Motion carried 7- the City Manager has examined the work and 0. filed his certificate stating that the same has been completed according to the terms of the Notice of Claims/Suits: Eldon D. Denlinger for contracts, plans and specifications and property damage; John Schreiber for property recommends its acceptance. damage, presented and read. Buol moved NOW THEREFORE, BE IT RESOLVED BY that the claims and suits be referred to the Legal THE CITY COUNCIL OF THE CITY OF Staff for investigation and report. Seconded by DUBUQUE, IOWA: Cline. Motion carried 7-0. Section 1. That the recommendation of the City Manager be approved and that said Corporation Counsel advising that the improvements be and the same are hereby following claims have been referred to Public accepted. Entity Risk Services of Iowa, the agent for the BE IT FURTHER RESOLVED that the City Iowa Communities Assurance Pool: Eldon D. Treasurer be and he is hereby directed to pay to Denlinger for property damage; Thomas the contractor from the funding of the Dubuque Weidenbacher for vehicle damage; Raymond County Historical Society and the Iowa Worden, Sr. for personal injury, presented and Department of Transportation TEA-21 Grant in 68 Regular Session, March 3, 2003 amounts equal to the amounts of his contracts, Rip Row Valley – Ball Field Development less any retained percentage provided for Project: City Manager recommending approval therein. of a new final estimate of $120,052.89 for the rd Passed, approved and adopted this 3 day of Rip Row Valley Ball Field Development Project, March, 2003. presented and read. Buol moved that the Terrance M. Duggan, Mayor communication be received and filed. Seconded Attest: Jeanne F. Schneider, CMC, City Clerk by Cline. Motion carried 7-0. Buol moved adoption of the Resolution. RESOLUTION NO. 64-03 Seconded by Cline. Motion carried 7-0. RESOLUTION RESCINDING RESOLUTION RESOLUTION NO. 63-03 NUMBER 526-02, SETTING THE FINAL FINAL ESTIMATE ESTIMATE FOR THE RIP ROW VALLEY BALL FIELD DEVELOPMENT PROJECT Whereas, the contracts for the Burlington Northern Railroad Depot Restoration Project, Whereas, by Resolution No. 526-02, the City Contract No. 2 - General Demolition and Council set the final estimate for the Rip Row Contract No. 5 - Steel have been completed and Valley Ball Field Development Project; and the City Engineer has submitted his final Whereas, subsequent events necessitate a estimates showing the costs thereof including different final estimate. the cost of estimates, notices and inspection and NOW THEREFORE BE IT RESOLVED BY all miscellaneous costs. THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF Section 1. That Resolution Number 526-02 is DUBUQUE, IOWA: rescinded. Section 1. That the costs of said improvement Passed, approved and adopted this 3rd day of of the Burlington Northern Railroad Depot March, 2003. Restoration Project hereby determined to be Terrance M. Duggan, Mayor $38,000.00 for Contract No. 2 – General Attest: Jeanne F. Schneider, City Clerk Demolition and $87,625.57 for Contract No. 5 - Buol moved adoption of the Resolution. Steel and the said amounts shall be paid from Seconded by Cline. Motion carried 7-0. funding of the Dubuque County Historical RESOLUTION NO. 65-03 Society and the Iowa Department of FINAL ESTIMATE Transportation TEA-21 Grant. rd Passed, approved and adopted this 3 day of WHEREAS, the contract for the RIP ROW March, 2003. VALLEY, BALL FIELD DEVELOPMENT Terrance M. Duggan, Mayor PROJECT has been completed and the Attest: Jeanne F. Schneider, CMC, City Clerk Engineer has submitted his final estimate Buol moved adoption of the Resolution. showing the cost thereof including the cost of Seconded by Cline. Motion carried 7-0. estimates, notices and inspection and all miscellaneous costs; Grand River Excursion: Communication from NOW, THEREFORE, BE IT RESOLVED, BY Congressman Jim Nussle in support of the THE CITY COUNCIL OF THE CITY OF Grand River Excursion, presented and read. DUBUQUE, IOWA: Buol moved that the communication be received Section 1. That the cost of said improvement and filed. Seconded by Cline. Motion carried 7-is hereby determined to be $120,052.89, and the 0. said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Tax Increment Financing Funding: Passed, approved and adopted this 3rd day of Communication from City Manager Michael C. March, 2003 Van Milligen to area legislators regarding the Terrance M. Duggan, Mayor possible elimination of tax increment financing Attest: Jeanne F. Schneider, City Clerk funding, presented and read. Buol moved that Buol moved adoption of the Resolution. the communication be received and filed. Seconded by Cline. Motion carried 7-0. Seconded by Cline. Motion carried 7-0. Rip Row Valley – Utilities Extension Project: Bluff Land Protective Measures: City Manager recommending approval of a new Communication from City Manager advising that final estimate of $92,309.24 for the Rip Row he will have information regarding Bluff Land Valley Utilities Extension Project, presented and Protective Measures for the April 7, 2003 read. Buol moved that the communication be meeting, presented and read. Buol moved that received and filed. Seconded by Cline. Motion the communication be received and filed. carried 7-0. Seconded by Cline. Motion carried 7-0. Regular Session, March 3, 2003 69 RESOLUTION NO. 66-03 RESOLUTION NO. 68-03 RESOLUTION RESCINDING RESOLUTION ADOPTING SUPPLEMENT NO. 57 TO THE NUMBER 522-02, SETTING THE FINAL CODE OF ORDINANCES OF THE CITY OF ESTIMATE FOR THE RIP ROW VALLEY DUBUQUE, IOWA UTILITIES EXTENSION PROJECT Whereas, under date of July 17, 1989, the City Whereas, by Resolution No. 522-02, the City Council, pursuant to Ordinance No. 34-89, Council set the final estimate for the Rip Row readopted the Code of Ordinances of the City of Valley Utilities Extension; and Dubuque, Iowa for ordinances adopted up to Whereas, subsequent events necessitate a and including December 19, 1988; and different final estimate. Whereas, since December 19, 1988 the City NOW THEREFORE BE IT RESOLVED BY Council of the City of Dubuque, Iowa has THE CITY COUNCIL OF THE CITY OF adopted certain ordinances amending the Code DUBUQUE, IOWA: of Ordinances and said amendments have been Section 1. That Resolution Number 522-02 is printed as supplements to the Code of rescinded. Ordinances; and Passed, approved and adopted this 3rd day of Whereas, Section 380.8 of the Code of March, 2003. Ordinances provides that supplements by Terrance M. Duggan, Mayor resolution, become part of the Code of Attest: Jeanne F. Schneider, City Clerk Ordinances. Buol moved adoption of the Resolution. NOW THEREFORE BE IT RESOLVED BY Seconded by Cline. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: RESOLUTION NO. 67-03 Section 1. That Supplement No. 57 of the FINAL ESTIMATE Code of Ordinances of the City of Dubuque, Whereas, the contract for the RIP ROW Iowa, covering Ordinances through Ordinance VALLEY UTILITIES EXTENSION PROJECT No. 1-03 enacted through January 6, 2003 and has been completed and the Engineer has prepared by the Sterling Codifiers, Inc, Coeur D’ submitted his final estimate showing the cost Alene, ID hereto filed in the Office of the City thereof including the cost of estimates, notices Clerk of the City of Dubuque, Iowa be and is and inspection and all miscellaneous costs; hereby adopted and becomes part of the Code NOW, THEREFORE, BE IT RESOLVED, BY of Ordinances of the City of Dubuque, Iowa. THE CITY COUNCIL OF THE CITY OF Passed, approved and adopted this 3rd day of DUBUQUE, IOWA: March, 2003. Section 1. That the cost of said improvement Terrance M. Duggan, Mayor is hereby determined to be $93,309.24, and the Attest: Jeanne F. Schneider, City Clerk said amount shall be paid from the Water and Buol moved adoption of the Resolution. Sewer Funds of the City of Dubuque, Iowa. Seconded by Cline. Motion carried 7-0. Passed, approved and adopted this 3rd day of March, 2003. Federal Emergency Management Agency: Terrance M. Duggan, Mayor Congressman Jim Nussle providing a response Attest: Jeanne F. Schneider, City Clerk from Richard Hainje, Regional Director of the Buol moved adoption of the Resolution. Federal Emergency Management Agency, Seconded by Cline. Motion carried 7-0. regarding the City’s request for financial assistance to acquire a structure that was Swimming Pool Concession Agreement: City substantially damaged during the June 2002 Manager recommending approval of a flood event, presented and read. Buol moved concession agreement with Baseball Dreamers that the communication be received and filed. to operate the concession stands at Flora and Seconded by Cline. Motion carried 7-0. Sutton swimming pools, presented and read. Buol moved that the communication be received Mesaba Aviation, Inc. Notice of Termination: and filed and approved agreement. Seconded A notice from Mesaba Aviation, Inc. advising of by Cline. Motion carried 7-0. their intent to terminate service at Dubuque, Iowa effective May 13, 2003, presented and Code of Ordinance Supplement No. 57: City read. Buol moved that the communication be Manager recommending adoption of received and filed. Seconded by Cline. Motion Supplement No. 57 to the Code of Ordinances carried 7-0. of the City of Dubuque, presented and read. Buol moved that the communication be received Save America’s Treasures Grant Application: and filed. Seconded by Cline. Motion carried 7-City Manager recommending approval of the 0. submission of a grant application for $250,000 Save America’s Treasures from the program for restoration and interpretation of the Dubuque 70 Regular Session, March 3, 2003 Shot Tower, presented and read. Buol moved assessing the extent of free product at the that the communication be received and filed. groundwater table; and Seconded by Cline. Motion carried 7-0. Whereas, the License Agreement Right-of- Entry for Site Assessment has been prepared RESOLUTION NO. 69-03 outlining the responsibilities of RMT, Inc. in the RESOLUTION AUTHORIZING SUBMITTAL OF installation of the monitoring wells on public A GRANT APPLICATION FOR THE right-of-way; and DUBUQUE SHOT TOWER. Whereas, the performance of the activities of Whereas, the National Park Service makes RMT, Inc. will be at no cost or expense to the historic preservation grants of up to $250,000 City, and all work will be performed by the available to preserve nationally significant Licensee, or its employees, agents or historic structures; and subcontractors; and Whereas, the City of Dubuque has sufficient Whereas, it is the desire of the City Council to Save America’s matching funds for the enter into said License Agreement for the Treasures grant program; and installation of monitoring wells in the public right- Whereas, the City and State of Iowa have of-way as requested. determined that the Dubuque Shot Tower is NOW, THEREFORE, BE IT RESOLVED BY nationally significant; and THE CITY COUNCIL OF THE CITY OF Whereas, the City has developed a plan for DUBUQUE, IOWA: the restoration and interpretation of the Dubuque Section 1. The License Agreement for Right- Shot Tower. of-Entry for Site Assessment be and the same is NOW THEREFORE, BE IT RESOLVED BY hereby approved. THE CITY COUNCIL OF THE CITY OF Section 2. That the Mayor be and is hereby DUBUQUE, IOWA: authorized to execute said License Agreement Section 1. The Mayor hereby is authorized to for and on behalf of the City Council. rd Save America’s Treasures sign the grant Passes, approved and adopted this 3 day of application for the Dubuque Shot Tower on March, 2003. behalf of the City of Dubuque. Terrance M. Duggan, Mayor Section 2. The Planning Services Manager is Attest: Jeanne F. Schneider, CMC, City Clerk hereby authorized to submit the grant Buol moved adoption of the Resolution. application to the National Park Service. Seconded by Cline. Motion carried 7-0. Section 3. The City Manager is hereby authorized to expend budgeted funds for the Iowa Department of Economic Development: local match of $250,000. Communication from the Iowa Department of rd Passed, approved and adopted this 3 day of Economic Development advising that the review March 2003. of the first phase of the City’s HOME Partnership Terrance M. Duggan, Mayor Program has been completed and has been Attest: Jeanne F. Schneider, City Clerk found to be in substantial compliance with Buol moved adoption of the Resolution. financial and program requirements, presented Seconded by Cline. Motion carried 7-0. and read. Buol moved that the communication be received and filed. Seconded by Cline. Monitoring Well Installation – RMT, Inc.: City Motion carried 7-0. Manager recommending approval of a request from RMT, Inc. to install temporary monitoring Historic Preservation Commission: Suzanne wells within City right-of-way at the area M. Guinn submitting her resignation as the surrounding the former Amoco facility of 351 Jackson Park Representative on the Historic Dodge Street, presented and read. Buol moved Preservation Commission, presented and read. that the communication be received and filed. Buol moved that the communication be received Seconded by Cline. Motion carried 7-0. and filed. Seconded by Cline. Motion carried 7- 0. RESOLUTION NO. 70-03 RESOLUTION AUTHORIZING LICENSE Chamber Foundation Request: Communi- AGREEMENT BETWEEN THE CITY OF cation from City Manager to the Dubuque DUBUQUE AND RMT, INC. TO INSTALL Racing Association Grant Committee in support MONITORING WELLS ON PUBLIC RIGHT-OF- of the Chamber Foundation grant request to WAY AT THE FORMER AMOCO SITE OF 351 update technology in the Chamber of Commerce DODGE Boardroom, presented and read. Buol moved Whereas, RMT, Inc. on behalf of BP Amoco that the communication be received and filed. Co. has requested permission from the City of Seconded by Cline. Motion carried 7-0. Dubuque to install temporary monitoring wells on City right-of-way at the former Amoco site of George W. Rogers Company Shot Tower: 351 Dodge in Dubuque, Iowa for the purpose of Communication from the State Historical Society Regular Session, March 3, 2003 71 of Iowa advising that the George W. Rogers That the Manager be authorized to cause to be Company Shot Tower, located at Commercial issued the following named applicants a Liquor Street and River Front, has been accepted for License. nomination to the National Register of Historic CLASS “B” (HOTEL/MOTEL) LIQUOR Places by the State Nomination Review Dubuque Lodging, Inc Days Inn+ Committee, presented and read. Buol moved (Sunday/Outdoor Sale) 1111 Dodge St that the communication be received and filed. CLASS “C” BEER/LIQUOR LICENSE Seconded by Cline. Motion carried 7-0. Fraternal Order of Eagles Eagles Club #568 + (Sunday Sales) 1175 Century Dr Senate File 129: Communication from the City Lana LuGrain P.J.’s Tap + Manager to area legislators in support of the (Sunday Sales) 500 Rhomberg Av creation of a commission to review and Dubuque Racing Association DBQ Greyhound recommend changes to the State’s tax system, Park / Casino+(Sunday/Outdoor) presented and read. Buol moved that the 1855 Greyhound Prk communication be received and filed. Seconded Yardarm, Inc Yardarm Restaurant/Bar+ by Cline. Motion carried 7-0. (Sunday/Outdoor Sales) 1202 Shiras Ext. Rafters, Inc. Rafters + Business Licenses: ( Sunday/Outdoor Sales) 2728 Asbury Rd CLASS “B” WINE RESOLUTION NO. 71-03 Nash Finch Company Econo Foods # 471 BEER 3355 JFK Rd Whereas, applications for Beer Permits have Passed, approved and adopted this 3rd day of been submitted and filed to this Council for March, 2003. approval and the same have been examined Terrance M. Duggan, Mayor and approved: and Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, the premises to be occupied by Buol moved adoption of the Resolution, with such applicants were inspected and found to conditional approval for Rafters contingent upon comply with the Ordinances of the City and have completion of inspections. Seconded by Cline. filed proper bonds Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED BY ITEMS TO BE SET FOR PUBLIC HEARING THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be Vacating Request – Alley Between Bryant and issued the following named applicants a Beer Ramona Streets: City Manager recommending Permit. that a public hearing be set for March 17, 2003 CLASS “B” BEER PERMIT (6 MONTHS) to consider a request from the Dubuque Baseball Dreamers, LLC Baseball Dreamers+ Community School District to vacate the alley (Sunday/Outdoor Sale) Admiral Sheehy Dr between Bryant and Ramona Streets from Mt. CLASS “C” BEER PERMIT Loretta Avenue 148 feet south, presented and Nash Finch Company Econo Foods # 471+ read. Buol moved that the communication be (Sunday Sale) 3355 JFK Rd. received and filed. Seconded by Markham. Passed, approved and adopted this 3rd day of Motion carried 7-0. March, 2003. RESOLUTION NO. 73-03 Terrance M. Duggan, Mayor RESOLUTION APPROVING PLAT OF Attest: Jeanne F. Schneider, CMC, City Clerk PROPOSED VACATED ALLEY BETWEEN Buol moved adoption of the Resolution. BRYANT AND RAMONA FROM MT. Seconded by Cline. Motion carried 7-0. LORETTA AVENUE 148 FEET SOUTH RESOLUTION NO. 72-03 Whereas, there has been presented to the City Whereas, applications for Liquor Licenses Council of the City of Dubuque, Iowa, a plat th have been submitted to this Council for approval dated 14 day of February, 2003, prepared by and the same have been examined and IIW Engineers & Surveyors, P.C., describing the approved; and proposed vacated alley between Bryant and Whereas, the premises to be occupied by such Ramona from Mt. Loretta Avenue 148 feet applicants were inspected and found to comply south; and with the State Laws and all City Ordinances Whereas, said plat conforms to the laws and relevant thereto and they have filed proper statutes pertaining thereto. bonds. NOW THEREFORE, BE IT RESOLVED BY THE NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF DUBUQUE, THE CITY COUNCIL OF THE CITY OF IOWA: th DUBUQUE, IOWA: Section 1: That the plat dated 14 day of February, 2003, prepared by IIW Engineers & 72 Regular Session, March 3, 2003 Surveyors, P.C., relative to the real estate NOW THEREFORE, BE IT ORDAINED BY hereinabove described be and the same is THE CITY COUNCIL OF THE CITY OF hereby approved, and the Mayor and City Clerk DUBUQUE, IOWA: be and they are hereby authorized and directed Section 1. That the real estate described as to execute said plat for and on behalf of the City Lot 1A and Lot 3A in Columbia Addition, in the of Dubuque, Iowa. City of Dubuque, Dubuque County, Iowa, be and Section 2. The City of Dubuque reserves unto the same is hereby vacated. itself a perpetual easement including the right of Section 2. The City of Dubuque reserves unto ingress and egress thereto, for the purpose of itself a perpetual easement including the right of erecting, installing, constructing, reconstructing, ingress thereto, for the purpose of erecting, repairing, owning, operating, and maintaining installing, constructing, reconstructing, repairing, water, sewer, drainage, gas, telephone, t.v. owning, operating, and maintaining water, cable, and electric lines as may be authorized by sewer, drainage, gas, telephone, t.v. cable, and the City of Dubuque, Iowa, as shown on the Plat electric lines as may be authorized by the City of of Survey of Lot 1A and Lot 3A in Columbia Dubuque, Iowa as shown on the Plat of Survey Addition in the City of Dubuque, Dubuque of Lot 1A and Lot 3A in Columbia Addition, in the County, Iowa. City of Dubuque, Dubuque County, Iowa. rd Section 3. That the City Clerk be and is hereby Passed, approved and adopted this 3 day of authorized and directed to file said plat and March, 2003. certified copy of this resolution in the office of Terrance M. Duggan, Mayor the Recorder, in and for Dubuque County, Iowa. Attest: Jeanne F. Schneider, CMC, City Clerk rd Passed, approved and adopted this 3 day of Published officially in the Telegraph Herald March, 2003. newspaper this 7th day of March, 2003. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk 1t 3/7 Buol moved adoption of the Resolution. Buol moved that the requirement that a Seconded by Markham. Motion carried 7-0. proposed Ordinance be considered and voted on for passage at two Council Meetings prior to An Ordinance Vacating the alley between the meeting at which it is to be finally passed be Bryant and Ramona from Mt. Loretta Avenue suspended and further moved final 148 feet south, presented and read. consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. OFFICIAL PUBLICATION RESOLUTION NO. 74-03 ORDINANCE NO. 16-03 RESOLUTION OF INTENT TO DISPOSE OF ORDINANCE VACATING THE ALLEY CITY INTEREST IN Lot 1A AND LOT 3A IN BETWEEN BRYANT AND RAMONA FROM COLUMBIA ADDITION IN THE CITY OF MT. LORETTA AVENUE 148 FEET SOUTH DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Dubuque Community Schools has Whereas, the Dubuque Community Schools requested the vacating of the alley between has requested the vacating the alley between Bryant and Ramona from Mt. Loretta Avenue Bryant and Ramona from Mt. Loretta Avenue 148 feet south; and 148 feet south; and Whereas, IIW Engineers & Surveyors, P.C., Whereas, IIW Engineers & Surveyors, P.C., has prepared and submitted to the City Council has prepared and submitted to the City Council a plat showing the vacated portion of the alley a plat showing the vacated portion of the alley between Bryant and Ramona from Mt. Loretta between Bryant and Ramona from Mt. Loretta Avenue 148 feet south and assigned lot Avenue 148 feet south and assigned lot numbers thereto, which hereinafter shall be numbers thereto, which hereinafter shall be known and described as Lot 1A and Lot 3A in known and described as Lot 1A and Lot 3A in Columbia Addition in the City of Dubuque, Columbia Addition in the City of Dubuque, Dubuque County, Iowa; Dubuque County, Iowa; and Whereas, the City Council of the City of Whereas, the City Council of the City of Dubuque, Iowa has determined that the alley Dubuque, Iowa has determined that this alley between Bryant and Ramona from Mt. Loretta between Bryant and Ramona from Mt. Loretta Avenue 148 feet south is no longer required for Avenue 148 feet south is no longer required for public use, except for utility easements as noted, public use, except for utility easements as noted, and vacating of said portions of the alley and vacating and sale of said portions of alleys between Bryant and Ramona from Mt. Loretta and streets known as Lot 1A and Lot 3A in Avenue 148 feet south known as Lot 1A and Lot Columbia Addition in the City of Dubuque, 3A in Columbia Addition in the City of Dubuque, Dubuque County, Iowa, should be approved. Dubuque County, Iowa, should be approved. Regular Session, March 3, 2003 73 NOW THEREFORE, BE IT RESOLVED BY Whereas, MCCIowa, L.L.C. (Mediacom) is the THE CITY COUNCIL OF THE CITY OF current holder of a cable services franchise, DUBUQUE, IOWA: embodied in Ordinance No. 42-81, as modified Section 1. That the City of Dubuque intends to by a series of waivers and side agreements, and dispose of its interest in Lot 1A and Lot 3A in acquired from TCI of Iowa, Inc. via a transfer Columbia Addition in the City of Dubuque, approved by the Dubuque City Council on June Dubuque County, Iowa. 18, 2001; and Section 2. That the conveyance of Lot 1A in Whereas, one of the side agreements is a Columbia Addition in the City of Dubuque, lease to Mediacom to build and maintain a Dubuque County, Iowa, to the Dubuque network hub on City-owned property located at Community Schools be contingent upon the 1585 West Third Street in Dubuque; and payment of platting, publication, filing fees, and Whereas, the terms of the franchise and of the the dedication of a 10-foot strip along the south lease will expire March 31, 2003; and right-of-way line of Mt. Loretta Avenue from Whereas, representatives of the City of Bryant Street to Ramona Street. Dubuque and of Mediacom have entered into Section 3. That the conveyance of Lot 3A in good faith negotiation of terms and conditions Columbia Addition in the City of Dubuque, for the renewal of the franchise and the lease. Dubuque County, Iowa, to Janaan D. Hanten be NOW, THEREFORE, BE IT RESOLVED BY at no cost. THE CITY COUNCIL OF THE CITY OF Section 4. The City of Dubuque reserves unto DUBUQUE, IOWA: itself a perpetual easement including the right of Section 1. That the City of Dubuque intends to ingress and egress thereto, for the purpose of extend the term of the cable services franchise erecting, installing, constructing, reconstructing, and the term of the lease to June 30, 2003 repairing, owning, operating, and maintaining under the same terms and conditions as water, sewer, drainage, gas, telephone, t.v. currently in effect; and cable, and electric lines as may be authorized by Section 2. That the City Clerk is hereby the City of Dubuque, Iowa as shown on the Plat authorized and directed to cause notices to be of Survey of Lot 1A and Lot 3A in Columbia published of the proposed extension in the Addition in the City of Dubuque, Dubuque manner prescribed by law. County, Iowa. Passed, approved and adopted this 3rd day of Section 5. That the City Clerk be and is hereby March, 2003. authorized and directed to cause a notice of Terrance M. Duggan, Mayor intent to dispose of said real estate to be Attest: Jeanne F. Schneider, City Clerk published in the manner as prescribed by law. Buol moved adoption of the Resolution and set rd Passed, approved and adopted this 3 day of the public hearing for 3/17/03 at a meeting to March, 2003. commence at 6:30 P.M. in the public library Terrance M. Duggan, Mayor auditorium and that the City Clerk publish notice Attest: Jeanne F. Schneider, CMC, City Clerk in the manner prescribed by law. Seconded by Buol moved adoption of the Resolution and set Markham. Motion carried 7-0. the public hearing for 3/17/03 at a meeting to BOARDS/COMMISSIONS 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 Applicants are invited to address the Council Markham. Motion carried 7-0. regarding their desire to serve on the following Boards/Commissions: Mediacom Franchise Extension: City Manager Historic Preservation Commission(One recommending that a public hearing be set for unexpired three-year term representing the Old March 17, 2003 to consider an additional short-Main District through 7/1/05 and one unexpired term extension through June 30, 2003 of the three-year term representing the Jackson Park existing Mediacom cable franchise and side District through 7/1/04): Applicant: Mary Loney agreements under the terms currently in effect, Bichell (Jackson Park District). Ms. Bichell presented and read. Buol moved that the spoke requesting consideration for appointment. communication be received and filed. Seconded Housing Commission (One unexpired three- by Markham. Motion carried 7-0. year term through 8/17/04): Applicant:Joseph Suarez. Mr. Suarez spoke requesting RESOLUTION NO. 75-03 consideration for appointment. A RESOLUTION OF THE CITY'S INTENT TO Zoning Board of Adjustment (One five-year GRANT A SHORT-TERM EXTENSION OF AN term through 3/25/08 – term of Urell): Applicant: EXISTING CABLE SERVICES FRANCHISE Jim Urell. No one spoke. AND AN EXISTING HUB SITE LEASE TO Appointments to the following Commission: MCCIOWA L.L.C. Community Development Advisory Com- mission (Three unexpired three-year terms 74 Regular Session, March 3, 2003 representing Census Tracts 2, 3 and 5; one Nelson Klavitter, Vice President of Operations three-year term through 2/15/06 representing of Heartland Financial USA, spoke thanking the Census Tract 1 – term of Isenhart): Applicant: Council and Staff for their support in this project. Chuck Isenhart. Markham moved that Mr. RESOLUTION 76-03 Isenhart be reappointed to the three-year term A RESOLUTION AUTHORIZING A which will expire 2/15/06. Seconded by COMMITMENT LETTER AND THE Michalski. Motion carried 7-0. EXECUTION OF A COMMUNITY DEVELOP- ACTION ITEMS MENT BLOCK GRANT LOAN OF FIVE HUNDRED THOUSAND DOLLARS ($500,000) TO HEARTLAND FINANCIAL USA, INC. U.S. 20 Bridge: Request of David Wm. Rusk to address the Council regarding the design for Whereas, under provisions of Title I of the the new U.S. 20 Bridge; Communication from Housing and Community Development Act of the Long Range Planning Advisory Commission 1974, as amended, the City of Dubuque has regarding the Julien Dubuque Bridge design; received Community Development Block Grant Communication from the Historic Preservation Funds for the purpose of stimulating economic Commission regarding the Julien Dubuque development activities within the community; Bridge design; Communication from John Hess, and Chairperson of the Dubuque County Historic Whereas, the City of Dubuque, Iowa desires to Preservation Commission regarding the design assist the further expansion of Heartland of the proposed bridge across the Mississippi Financial USA, Inc. and to create new River, presented and read. permanent employment opportunities for low David Rusk, Chair of the Long Range Planning and moderate income citizens; and Commission, gave a presentation and spoke Whereas, a Commitment Letter, hereto urging the Council to consider supporting a U.S. attached and by this reference made a part 20 bridge design that would be identical to the hereof, sets forth the terms and conditions of present design of the Julien Dubuque Bridge. Heartland Financial USA, Inc.'s participation in Mayor Duggan and the Council stated that the the City's CDBG Economic Development Loan Iowa and Illinois Departments of Transportation Program. had already made their decision for the tied tier NOW, THEREFORE, BE IT RESOLVED BY design for the bridge. THE CITY COUNCIL OF THE CITY OF Nicholson moved to receive and file the DUBUQUE, IOWA: communications. Seconded by Michalski. Section 1. That the Mayor is hereby Motion carried 7-0. authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the NPDES Permit Application: City Manager attached Commitment Letter and to forward said recommending approval of the submission of the letter to Heartland Financial USA, Inc. City of Dubuque’s NPDES Phase II municipal Section 2. That the City Manager be and he is separate storm sewer system (MS4) application hereby directed to prepare, upon receipt and to the Iowa Department of Natural Resources, acknowledgment of the attached Commitment and communication from the Environmental Letter by the Company, the necessary loan Stewardship Advisory Commission thanking City documents in accordance with the terms and staff and the City Council for the opportunity to conditions set forth in said Commitment Letter. be involved and to offer input regarding the Section 3. That the City Manager is hereby NPDES permit application, presented and read. authorized to execute, on behalf of the City Markham moved that the communications be Council of the City of Dubuque, Iowa, all received and filed and approved submittal of the necessary loan documents and is further application. Seconded by Connors. Motion authorized to disburse loan funds from the carried 7-0. CDBG Economic Development Loan Program, in accordance with the terms and conditions of Community Development Block Grant the executed agreement. Economic Development Loan to Heartland Passed, approved and adopted this 3rd day of Financial USA, Inc.: City Manager March, 2003. recommending approval of a Community Terrance M. Duggan, Mayor Development Block Grant (CDBG) Economic Attest: Jeanne F. Schneider, City Clerk Development Loan to Heartland Financial USA, Markham moved adoption of the Resolution. Inc. to assist in the renovation and expansion of Seconded by Cline. Motion carried 7-0. the former Walsh Store building, presented and PUBLIC INPUT read. Markham moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Fabian Yaklin, 1550 Clarke Drive, spoke and distributed a proposed Resolution against U.S. Regular Session, March 3, 2003 75 military intervention in Iraq and requested Council endorsement of it. Approved:__________________________2003 Jerry Oakland, 1722 Churchill, spoke in support of the proposed resolution. Adopted:___________________________2003 Joe Melssen spoke against the proposed resolution. Michalski thanked Mr. Yaklin for coming ______________________________________ forward but stated no action could be taken at Mayor this meeting. ______________________________________ There being no further business, Michalski moved to adjourn. Seconded by Connors. ______________________________________ Motion carried 7-0. The meeting adjourned at 7:54 P.M. ______________________________________ /s/ Jeanne F. Schneider, CMC ______________________________________ City Clerk 1t 3/12 ______________________________________ ______________________________________ Council Members Attest: ______________________________________ City Clerk 76 Special Session, March 5, 2003 DUBUQUE lowest bids for the furnishings of all labor and materials and performing the work as provided CITY COUNCIL for in the plans and specifications. OFFICIAL NOW THEREFORE, BE IT RESOLVED BY PROCEEDINGS THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: City Council, Special Session, Wednesday, Section 1. That contracts for the above March 5, 2003 improvement projects be awarded as follows, Council met at 5:00 P.M. in the Public Library subject to the concurrence by the Iowa Auditorium Department of Transportation: Contract No. 1 Present: Mayor Duggan, Council Members Conlon Construction Co. 3,500.00 Buol, Cline, Connors, Markham, Michalski, Wood Piers & Decking Nicholson, Assistant City Manager Cindy With Alternate Contract No. 2 Steinhauser, Corporation Counsel Barry Lindahl. Tricon Construction $77,100.00 Wood Framing & Railings Mayor Duggan read the call and stated this is Total $150,600.00 a special session of the City Council called for Section 2. That upon the signing of said the purpose of acting upon the awarding of contract and the approval of the contractor’s contracts for the Mississippi River Discovery bond, the City Treasurer is authorized and Center Wetland – Site Package II Interior instructed to return the bid deposits of the Walkways Project and also to act upon the unsuccessful bidders. th purchase of property at 2521 Stafford Street. Passed, approved and adopted this 5 day of March, 2003. Mississippi River Discovery Center Wetland – Terrance M. Duggan, Mayor Site Package Interior Walkway Project: Proof of Attest: Karen M. Chesterman, Deputy City Clerk publication on notice to bidders and City Nicholson moved adoption of the Resolution. Manager recommending award of Contract #1 – Seconded by Michalski. Motion carried 7-0. Wood Piers and Decking and Contract #2 – Wood Framing and Railings for the Mississippi Purchase of property at 2521 Stafford by City River Discovery Center Wetland – Site Package Housing and Community Development Interior Walkway Project, presented and read. Department: City Manager recommending City Nicholson moved that the proof and purchase property at 2521 Stafford, presented communication be received and filed. Seconded and read. Cline moved that the communication by Michalski. Motion carried 7-0. be received and filed. Seconded by Nicholson. Motion carried 7-0. Jerry Enzler, Executive Director of the Dubuque Historical Society, spoke clarifying this RESOLUTION NO. 78-03 project and its bidding history. A RESOLUTION APPROVING THE ACQUIS- ITION OF REAL ESTATE LOCATED AT 2521 RESOLUTION NO. 77-03 STAFFORD STREET, IN THE CITY OF AWARDING CONTRACTS FOR THE DUBUQUE MISSISSIPPI RIVER DISCOVERY CENTER Whereas, The City of Dubuque has a secured WETLAND – SITE PACKAGE II, INTERIOR interest in a property at 2521 Stafford Street; WALKWAYS PROJECT - NO. 1 (WOOD and PIERS & DECKING, INCLUDING ALTERNATE Whereas, this interest is subordinate to a first COMPONENT) AND NO. 2 (WOOD FRAMING mortgage and will be otherwise lost due to a & RAILING) legal action to cause forfeiture. Whereas, sealed proposals have been NOW, THEREFORE, BE IT RESOLVED BY submitted by contractors for the Mississippi THE CITY COUNCIL OF THE CITY OF River Discovery Center Wetland – Site Package DUBUQUE, IOWA: II, Interior Walkways Project, Contract No. 1 Section 1. That the City of Dubuque hereby (Wood Piers & Decking, Including Alternate approves the acquisition of the following legally Component) and Contract No. 2 (Wood Framing described property: & Railing), pursuant to Resolution No. 54-03 and Lot Two (2) of Lot One (1), and the East One- notice to bidders published in a newspaper half (E1/2) of Lot Four (4) of Lot Two (2), both in published in the City of Dubuque, Iowa on the Geiger’s Subdivision, in the City of Dubuque, 19th day of February, 2003. County of Dubuque, Iowa, according to the Whereas, said sealed proposals were opened recorded plats thereof. and read on the 4th day of March, 2003, and it At the cost of sixty-four thousand five hundred- has been determined that the bid of the following six dollars 64 506). contractors in the amounts specified were the Special Session, March 5, 2003 77 Section 2. That the City of Dubuque be and is hereby authorized and directed to accept a Quit Approved:__________________________2003 Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for Adopted:___________________________2003 the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said ______________________________________ Quit Claim Deed to be recorded in the office of Mayor 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 a copy of this ______________________________________ Resolution to the Dubuque County Assessor and the Dubuque County Auditor. ______________________________________ th Passed, approved and adopted this 5 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. ______________________________________ Council Members There being no further business, Nicholson moved to adjourn. Seconded by Cline. Motion Attest: carried 7-0. The meeting adjourned 5:02 P.M. ______________________________________ /s/ Karen M. Chesterman City Clerk Deputy City Clerk 1t 3/12 78 Regular Session, March 17, 2003 DUBUQUE Corporation Counsel recommending denial of the claim of John Schreiber for property CITY COUNCIL damage, presented and read. Buol moved that OFFICIAL the communication be received and filed and PROCEEDINGS concurred. Seconded by Nicholson. Motion carried 7-0. City Council, Regular Session, March 17, 2003 Council met in Regular Session at 6:30 P.M. in Friends of “Continuum” Committee: Commu- the Library Auditorium nication and petition from Janet Young and Jan Oswald submitting suggestions for placement of Present: Mayor Duggan, Council Members the “Continuum,” presented and read. Buol, Cline, Connors, Markham, Michalski, Nicholson moved that the communication be Nicholson, City Manager Michael Van Milligen, received and filed. Seconded by Buol. Motion Corporation Counsel Barry Lindahl. carried 7-0. Mayor Duggan read the call and stated this is Hotel/Conference Center Parking Lots and a regular session of the City Council called for Fifth Street Construction Project – Acceptance: the purpose of discussing such matters which City Manager recommending acceptance of the may properly come before the City Council. Hotel/Conference Center Parking Lots and Fifth Street Construction Project in the final contract Invocation was given by Father Paul Otting, amount of $1,149,073.84, presented and read. Pastor of Holy Ghost Catholic Church. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion CONSENT ITEMS carried 7-0. RESOLUTION NO. 78A-03 Minutes Submitted: Cable TV Regulatory Commission of 1/8 and 2/1; Cable TV ACCEPTING IMPROVEMENT Teleprogramming Commission of 3/4; City Whereas, the contract for the Hotel/Conference Council of 2/26, 2/27, 3/3 and 3/5; Civil Service Center Parking Lots & Fifth Street Construction Commission of 2/6; Housing Commission of Project has been completed and the City 1/28; Human Rights Commission of 1/13 and Manager has examined the work and filed his 2/10; Library Board of Trustees of 12/19 and certificate stating that the same has been 1/23; Municipal Housing Agency of 2/27; Park completed according to the terms of the and Recreation Commission of 3/11; Zoning contract, plans and specifications and Advisory Commission of 2/5, presented and recommends its acceptance. read. Buol moved that the minutes be received NOW THEREFORE, BE IT RESOLVED BY and filed. Seconded by Nicholson. Motion THE CITY COUNCIL OF THE CITY OF carried 7-0. DUBUQUE, IOWA: Section 1. That the recommendation of the Proofs of publication of City Council City Manager be approved and that said proceedings of 2/17, 2/20, 2/24, 2/26 and 2/27; improvement be and the same is hereby of the Municipal Housing Agency of 2/27; and accepted. the List of Claims and Summary of Revenues for BE IT FURTHER RESOLVED that the City month ending January 31, 2003, presented and Treasurer be and he is hereby directed to pay to read. Buol moved that the proofs be received the contractor from the Fiscal Year 2003 and filed. Seconded by Nicholson. Motion General Obligation Bonds and the Road Use carried 7-0. Tax Funds in amounts equal to the amount of his contract, less any retained percentage Finance Director submitting the City of provided for therein. th Dubuque Financial Reports for the month ending Passed, approved and adopted this 17 day of February 28, 2003, presented and read. Buol March, 2003. moved that the communication and reports be Terrance M. Duggan, Mayor received and filed. Seconded by Nicholson. Attest: Jeanne F. Schneider, CMC, City Clerk Motion carried 7-0. Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Notice of Claims/Suits: Lynn Schmitz for RESOLUTION NO. 79-03 personal injury; Teamsters Local Union No. 421 FINAL ESTIMATE vs. City of Dubuque, presented and read. Buol moved that the claims and suits be referred to Whereas, the contract for the Hotel / the Legal Staff for investigation and report. Conference Center Parking Lots & Fifth Street Seconded by Nicholson. Motion carried 7-0. Construction Project has been completed and Regular Session, March 17, 2003 79 the City Engineer has submitted his final the cost of estimates, notices and inspection and estimate showing the cost thereof including the all miscellaneous costs; cost of estimates, notices and inspection and all NOW, THEREFORE, BE IT RESOLVED, BY miscellaneous costs. THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF Section 1. That the cost of said improvement DUBUQUE, IOWA: is hereby determined to be $29,307.00, and the Section 1. That the cost of said improvement said amount shall be paid from the General is hereby determined to be $1,221,548.17 and Fund of the City of Dubuque, Iowa. the said amount shall be paid from the Fiscal Passed, approved and adopted this 17th day Year 2003 General Obligation Bonds and Road of March, 2003. Use Tax Funds of the City of Dubuque, Iowa. Terrance M. Duggan, Mayor th Passed, approved and adopted this 17 day of Attest: Jeanne F. Schneider, City Clerk March, 2003. Buol moved adoption of the Resolution. Terrance M. Duggan, Mayor Seconded by Nicholson. Motion carried 7-0.1 Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Five Flags Theater – Reroofing and Masonry Seconded by Nicholson. Motion carried 7-0. Restoration Project – Acceptance: City Manager recommending acceptance of the Five Five Flags Theater – Replace East Doors Flags Theater – Reroofing and Masonry Project – Acceptance: City Manager Restoration Project in the final contract amount recommending acceptance of the Five Flags of $124,437, presented and read. Buol moved Theater – Replace East Doors Project in the that the communication be received and filed. final contract amount of $29,307, presented and Seconded by Nicholson. Motion carried 7-0. read. Buol moved that the communication be RESOLUTION NO. 82-03 received and filed. Seconded by Nicholson. ACCEPTING IMPROVEMENT Motion carried 7-0. Whereas, the contract for the Five Flags RESOLUTION NO. 80-03 Theater – Reroofing and Masonry Restoration ACCEPTING IMPROVEMENT Project has been completed and the City Whereas, the contract for the Five Flags Manager has examined the work and filed his Theater – Replace East Doors Project has been certificate stating that the same has been completed and the City Manager has examined completed according to the terms of the the work and filed his certificate stating that the contract, plans and specifications and same has been completed according to the recommends its acceptance. terms of the contract, plans and specifications NOW, THEREFORE, BE IT RESOLVED, BY and recommends its acceptance. THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT RESOLVED, BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF 1. That the recommendation of the City DUBUQUE, IOWA: Manager be approved and that said 1. That the recommendation of the City improvement be and the same is hereby Manager be approved and that said accepted. improvement be and the same is hereby BE IT FURTHER RESOLVED that the City accepted. Treasurer be and he is hereby directed to pay to BE IT FURTHER RESOLVED that the City the contractor from the General Fund in amount Treasurer be and he is hereby directed to pay to equal to the amount of his contract, less any the contractor from the General Fund in amount retained percentage provided for therein. equal to the amount of his contract, less any Passed, approved and adopted this 17th day retained percentage provided for therein. of March, 2003. th Passed, approved and adopted this 17 day of Terrance M. Duggan, Mayor March, 2003. Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk Seconded by Nicholson. Motion carried 7-0. Buol moved adoption of the Resolution. RESOLUTION NO. 83-03 Seconded by Nicholson. Motion carried 7-0. FINAL ESTIMATE RESOLUTION NO. 81-03 Whereas, the contract for the Five Flags FINAL ESTIMATE Theater – Reroofing And Masonry Restoration Whereas, the contract for the Five Flags Project has been completed and the Engineer Theater – Replace East Doors Project has been has submitted his final estimate showing the completed and the Engineer has submitted his cost thereof including the cost of estimates, final estimate showing the cost thereof including 80 Regular Session, March 17, 2003 notices and inspection and all miscellaneous Buol moved adoption of the Resolution. costs; Seconded by Nicholson. Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF Gassman Quarry – Final Plat: Zoning DUBUQUE, IOWA: Advisory Commission recommending approval Section 1. That the cost of said improvement of the final plat of Lot 1 of the SE ¼, NE ¼ and is hereby determined to be $124,437.00, and the Lot 2 of the NE ¼, SE ¼ of Section 7, T88R2E said amount shall be paid from the General of Gassman Quarry, located at the corner of Old Fund of the City of Dubuque, Iowa. Massey Road and Highway 52 in Dubuque Passed, approved and adopted this 17th day County, as requested by Bob Miller/Mildred and of March, 2003. Robert Gassman, presented and read. Buol Terrance M. Duggan, Mayor moved that the communication be received and Attest: Jeanne F. Schneider, City Clerk filed. Seconded by Nicholson. Motion carried 7- Buol moved adoption of the Resolution. 0. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 85-03 Canfield Place No. 2 – Plat of Survey: Zoning RESOLUTION APPROVING THE FINAL PLAT Advisory Commission recommending approval OF LOT 1 OF THE SE ¼, NE ¼ AND LOT 2 OF of the Plat of Survey of Lot 1 and Lot 2 of THE NE ¼, SE ¼ OF SECTION 7, T88 R3E. Canfield Place No. 2, located at the southwest Whereas, there has been filed with the City a corner of Fourth and Iowa Streets, as requested final plat of Lot 1 of the SE ¼, NE ¼, and Lot 2 by the City of Dubuque, presented and read. of the NE ¼, SE ¼ of Section 7, T88 R3E; and Buol moved that the communication be received Whereas, Lot 2 provides 0 feet of lot frontage and filed. Seconded by Nicholson. Motion where 50 feet of lot frontage minimum is carried 7-0. required for each lot by Section 42-19(b) of the Subdivision Regulations; and RESOLUTION NO. 84-03 Whereas, said final plat has been examined by RESOLUTION APPROVING THE PLAT OF the Zoning Advisory Commission and had its SURVEY LOT 1 AND LOT 2 OF CANFIELD approval endorsed thereon; and PLACE NO 2. Whereas, said final plat has been examined by Whereas, there has been filed with the City the City Council and they find that it conforms to Clerk a Plat of Survey Lot 1 and Lot 2 of the statues and ordinances relating thereto. Canfield Place No. 2; and NOW THEREFORE, BE IT RESOLVED BY Whereas, Lot 1 provides 4,936 square feet of THE CITY COUNCIL OF THE CITY OF lot area, and 35.97 feet of lot frontage, where DUBUQUE, IOWA: 5,000 square feet of lot area and 50 feet of lot Section 1. That Section 42-19(b) of the frontage is required by Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 2 Subdivision Regulations; and to have 0 feet of lot frontage where 50 feet of Whereas, said survey plat has been examined frontage is required for each lot. by the Zoning Advisory Commission and had its Section 2. That the final plat of Lot 1 of the SE approval endorsed thereon; and ¼, NE ¼ and Lot 2 of the NE ¼, SE ¼ of Whereas, said plat has been examined by the Section 7, T88 R3E is hereby approved and the City Council and they find that it conforms to the Mayor and City Clerk are hereby authorized and statutes and ordinances relating thereto. directed to endorse the approval of the City of NOW THEREFORE, BE IT RESOLVED BY Dubuque, Iowa upon said final plat. THE CITY COUNCIL OF THE CITY OF th Passed, approved and adopted this 17 day of DUBUQUE, IOWA: March, 2003. Section 1. That Section 42-19(b) of the Terrance M. Duggan, Mayor Subdivision Regulations is waived to allow Lot 1 Attest: Jeanne F. Schneider, City Clerk to have 4,936 square feet of lot area and 35.97 Buol moved adoption of the Resolution. feet of lot frontage, where 5,000 square feet of Seconded by Nicholson. Motion carried 7-0. lot area and 50 feet of lot frontage is required. Section 2. That the Plat of Survey Lot 1 and Priorities and Requests for Federal Financial Lot 2 of Canfield Place No. 2 is hereby approved Assistance: City Manager recommending and the Mayor and City Clerk are hereby approval of the City’s updated Priorities and authorized and directed to endorse the approval Requests for Federal Financial Assistance, of the City of Dubuque, Iowa upon said final plat. presented and read. Buol moved that the th Passed, approved and adopted this 17 day of communication be received and filed and March, 2003. approved recommendation. Seconded by Terrance M. Duggan, Mayor Nicholson. Motion carried 7-0. Attest: Jeanne F. Schneider, City Clerk Regular Session, March 17, 2003 81 HMS Preferred Health Choices: City Manager substantial compliance with financial and recommending that certain designated agents of program requirements, presented and read. the City be authorized to make withdrawals from Buol moved that the communication be received a specialized bank account for self-insured and filed. Seconded by Nicholson. Motion health benefits used to pay medical and carried 7-0. disability expenses, presented and read. Buol moved that the communication be received and Iowa Department of Transportation: Notice filed. Seconded by Nicholson. Motion carried 7-from the Iowa Department of Transportation 0. regarding 2003 public input meetings, presented and read. Buol moved that the communication RESOLUTION NO. 86-03 be received and filed. Seconded by Nicholson. RESOLUTION AUTHORIZING CERTAIN Motion carried 7-0. DESIGNATED AGENTS OF THE CITY OF DUBUQUE LIMITED AUTHORIZATION TO East Central Intergovernmental Association: EXECUTE WITHDRAWALS ON BEHALF OF Communication from the East Central THE CITY OF DUBUQUE, IOWA Intergovernmental Association regarding the Whereas, the City of Dubuque deposits certain impact of the STIR proposal on the general fund funds for specific use in local commercial of Iowa cities, presented and read. Buol moved banking institutions; and that the communication be received and filed. Whereas, the commercial banking institutions Seconded by Nicholson. Motion carried 7-0. require authorization by the City Council for City employees and others to make withdrawals on Application for Homeownership Assistance such banking institutions; and Funds: City Manager recommending approval Whereas, the City Council has determined that of an application to the Federal Home Loan agents of the City of Dubuque who may make Bank (FHLB) for Affordable Housing Program withdrawals on a designated account on behalf funds to assist income-qualifying families to of the City of Dubuque for the City of Dubuque purchase a home, presented and read. Buol Medical Health Account number 2010981 at moved that the communication be received and American Trust and Savings Bank. filed. Seconded by Nicholson. Motion carried 7- NOW, THEREFORE, BE IT RESOLVED BY 0. THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 87-03 DUBUQUE, IOWA: A RESOLUTION AUTHORIZING That the HMS Preferred Health Choices, Inc. SPONSORSHIP OF AN APPLICATION TO authorized individuals are hereby granted ability THE FEDERAL HOME LOAN BANK OF DES to make withdrawals on behalf of the City of MOINES FOR AFFORDABLE HOUSING Dubuque for the Medical Health Account PROGRAM FUNDS number 2010981 at American Trust and Savings . Bank. Whereas, the Federal Home Loan Bank has Passed, approved and adopted this 17th day published notice to availability of funds under the of March, 2003. Affordable Housing Program; and Terrance M. Duggan, Mayor Whereas, local member FHLB lending Attest: Jeanne Schneider, City Clerk institutions have agreed to submit an application Buol moved adoption of the Resolution. for these funds, for a program of homeownership assistance to lower-income Seconded by Nicholson. Motion carried 7-0. households; and Whereas, the City’s Consolidated Plan Tobacco Penalties: City Manager promotes the objectives of homeownership recommending that a hearing be set for April 7, assistance and stabilization of target 2003 to consider assessing civil penalties neighborhoods; and against two tobacco permit holders for underage Whereas, provision of homeownership tobacco sales, presented and read. Buol opportunities to the City’s working families is a moved that the communication be received and necessary complement to on-going economic filed and set hearing for April 7, 2003 at a development efforts. meeting to commence at 6:30 P.M. in the public NOW, THEREFORE, BE IT RESOLVED BY library auditorium. Seconded by Nicholson. THE CITY COUNCIL OF THE CITY OF Motion carried 7-0. DUBUQUE, IOWA. Section 1. The Mayor is hereby authorized to Iowa Department of Economic Development: execute this resolution in sponsorship of an Communication from the Iowa Department of application to the Federal Home Loan Bank for Economic Development advising that the review Affordable Housing Program funds, to assist of the first phase of the City’s HOME Partnership lower-income families to purchase homes. Program (Agreement Number HMS-135-21) has been completed and has been found to be in 82 Regular Session, March 17, 2003 Section 2. This resolution shall take effect Respectfully submitted, immediately. /s/ Merle Duehr, Chairperson th Passed, approved and adopted this 17 day of /s/ Loras Kluesner March, 2003. /s/ Richard Wertzberger Terrance M. Duggan, Mayor Civil Service Commission Attest: Jeanne Schneider, City Clerk PARKING METER CHECKER Buol moved adoption of the Resolution. Roger Brooks Gary Nauman Norman Homb Wayne Ries Seconded by Nicholson. Motion carried 7-0. Timothy Altman Donald Wright Shawn McCullough Rose Hoerner Contract for Administrative Services for Old Sean Monaghan Waylen Hackbarth Mill Road Property Purchase Grant: City Christopher Scheopner Chad Streauser Manager recommending approval of an Adam Kruser June Hancock Administrative Plan and a Contract for Services Mark Michener Susan Groth with East Central Intergovernmental Association Milton Koons Cyril Lammers for administrative services required to acquire Thomas McGovern Susan Myers three properties, including relocation assistance Lynn Pape Larry Troester, III to property owners and demolition of structures, Susan Davis Rachel Kruse as described in the grant agreement with the Katherine Meyer Dennis Murray Iowa Emergency Management Division, Benjamin Steuer Shari Vrotsos presented and read. Buol moved that the Daniel Calvert Peter Gael communication be received and filed and Ann Maas Rita Parkin approved Plan and Contract. Seconded by Charles Spielman Daniel Breitbach Nicholson. Motion carried 7-0. Susan Dix Mary Gerardy Nancy Helling Kimberly Oberfoell-Fetgatter U.S. Department of Housing and Urban Doreen Rettenberger Karen Stoffel Development: Communication from the U.S. Luellen Swan Department of Housing and Urban Development Buol moved that the above communication (HUD) advising that the City’s Fiscal Year 2003 and certification be made a matter of record. allocation for Community Development Block Seconded by Nicholson. Motion carried 7-0. Grant Funds is $1,481,000, presented and read. Buol moved that the communication be received Public Bidding Threshold: Communication and filed. Seconded by Nicholson. Motion from the City Manager to area legislators carried 7-0. requesting their support for SSB 1115 and HSB 188 which would raise the public bidding Iowa Resource for International Service: threshold to a level consistent with today’s rate Communication from Bob Anderson, Iowa of inflation, presented and read. Buol moved that Resource for International Service President, the communication be received and filed. expressing thanks to the City Council and Seconded by Nicholson. Motion carried 7-0. citizens of Dubuque for the excellent hospitality extended to the four international participants Voluntary Annexations: Communication from living with host families in the Dubuque area, the City Manager to area State Representatives presented and read. Buol moved that the requesting their opposition to HF 196 regarding communication be received and filed. Seconded voluntary 80/20 annexations, presented and by Nicholson. Motion carried 7-0. read. Buol moved that the communication be received and filed. Seconded by Nicholson. Civil Service Commission: Civil Service Motion carried 7-0. Commission submitting the certified list for the position of Parking Meter Checker, presented Request to Vacate: Communication from and read. Steven Schmitz and Michael White requesting March 11, 2003 that the City vacate a public utility easement Honorable Mayor and located on Lot 4 in Plaza Court Subdivision, Members of the City Council presented and read. Buol moved that the In accordance with Chapter 400 of the 2001 communication be received and filed and Code of Iowa, an examination for the position of referred to the City Manager. Seconded by Parking Meter Checker was given on February Nicholson. Motion carried 7-0. 24, 2003. We hereby certify that the individuals listed on the attached sheet have passed this Business Licenses: written examination and the vacancy for this position should be made from this list and that RESOLUTION NO. 88-03 this list is good for two (2) years from above Whereas, applications for Liquor Licenses date. have been submitted to this Council for approval Regular Session, March 17, 2003 83 and the same have been examined and approval on the proposed plans, specifications, approved; and and form of contract and placed same on file in Whereas, the premises to be occupied by such the office of the City Clerk for public inspection applicants were inspected and found to comply of the Fiber Optic Connection Project between with the State Laws and all City Ordinances City Network and Port of Dubuque. relevant thereto and they have filed proper NOW THEREFORE, BE IT RESOLVED BY bonds. THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA: st THE CITY COUNCIL OF THE CITY OF That a Public Hearing will be held on the 21 DUBUQUE, IOWA: day of April, 2003, at 6:30 p.m. in the Public That the Manager be authorized to cause to be Library Auditorium at which time interested issued the following named applicants a Liquor persons may appear and be heard for or against License. the proposed plans and specifications, form of CLASS “C” BEER/LIQUOR LICENSE contract and cost of said improvement, and the Donna Ginter West Dubuque Tap+ City Clerk be and is hereby directed to cause a (Sunday Sale) 1701 Asbury Rd notice of time and place of such hearing to be Jamis, LLC Ground Round Restr.+ published in a newspaper having general (Sunday Sale) 50 JFK Rd circulation in the City of Dubuque, Iowa, which th Passed, approved and adopted this 17 day notice shall be not less than four days nor more of March 2003. than twenty days prior to the day fixed for its Terrance M. Duggan, Mayor consideration. At the hearing, any interested Attest: Jeanne F. Schneider, CMC, City Clerk person may appear and file objections to the Buol moved adoption of the Resolution. proposed plans, specifications, contract, or estimated cost of the improvement. Seconded by Nicholson. Motion carried 7-0. th Passed, adopted and approved this 17 day of March, 2003. ITEM TO BE SET FOR PUBLIC HEARING Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fiber Optic Connection between City Network Markham moved adoption of the Resolution and the Port of Dubuque – Initiate: City Manager setting Hearing for 4/21/03 at a meeting to recommending initiation of the public bidding commence at 6:30 P.M. in the public library process for the fiber optic connection between auditorium and that the City Clerk publish notice Fourth and Iowa Streets and the Port of in the manner prescribed by law. Seconded by Dubuque and that a public hearing be set for Cline. Motion carried 7-0. April 21, 2003, presented and read. Markham moved that the communications be received and RESOLUTION NO. 91-03 filed. Seconded by Cline. Motion carried 7-0. ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 89-03 THE COUNCIL OF THE CITY OF DUBUQUE, RELIMINARY APPROVAL OF IOWA: PLANS AND SPECIFICATIONS That the Fiber Optic Connection Project NOW THEREFORE, BE IT RESOLVED BY between City Network and Port of Dubuque is THE CITY COUNCIL OF THE CITY OF hereby ordered to be advertised for bids for DUBUQUE, IOWA: construction. That the proposed plans, specifications, form BE IT FURTHER RESOLVED, that the amount of contract and estimated cost for the Fiber of the security to accompany each bid shall be in Optic Connection Project between City Network an amount which shall conform to the provisions and Port of Dubuque, in the estimated amount of the Notice to Bidders hereby approved as a $28,068.81 are hereby approved and ordered part of the plans and specifications heretofore filed in the office of the City Clerk for public adopted. inspection. That the City Clerk is hereby directed to th Passed, adopted and approved this 17 day of advertise for bids for the construction of the March, 2003. improvements herein provided, to be published Terrance M. Duggan, Mayor in a newspaper having general circulation in the Attest: Jeanne F. Schneider, CMC, City Clerk City of Dubuque, Iowa, which notice shall not be Markham moved adoption of the Resolution. less than four days nor more than forty-five days Seconded by Cline. Motion carried 7-0. prior to the receipt of said bids at 2:00 p.m. on th the 10 day of April, 2003. Bids shall be opened RESOLUTION NO. 90-03 and read by the City Clerk at said time and will FIXING DATE OF HEARING be submitted to the Council for final action at ON PLANS AND SPECIFICATIONS st 6:30 p.m. on the 21 day of April, 2003. Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary 84 Regular Session, March 17, 2003 th OFFICIAL PUBLICATION Passed, adopted and approved this 17 day of ORDINANCE NO. 17-03 March, 2003. AN ORDINANCE AMENDING APPENDIX A Terrance M. Duggan, Mayor (THE ZONING ORDINANCE) OF THE CITY OF Attest: Jeanne F. Schneider, CMC, City Clerk DUBUQUE CODE OF ORDINANCES BY Markham moved adoption of the Resolution. RECLASSIFYING HEREINAFTER DESCRI- Seconded by Cline. Motion carried 7-0. BED PROPERTY LOCATED ALONG THE BOARDS/COMMISSIONS NORTH SIDE OF CRESCENT RIDGE FROM AG AGRICULTURAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE Appointments to the following Boards / DISTRICT, WITH CONDITIONS Commissions: Historic Preservation Commission (One NOW, THEREFORE, BE IT ORDAINED BY unexpired three-year term representing the Old THE CITY COUNCIL OF THE CITY OF Main District through 7/1/05 and one unexpired DUBUQUE, IOWA: three-year term representing the Jackson Park Section 1. That Appendix A (The Zoning District through 7/1/04): Applicant: Mary Loney Ordinance) of the City of Dubuque Code of Bichell (Jackson Park District). Michalski Ordinances is hereby amended by reclassifying moved that Mary Loney Bichell be appointed to the hereinafter-described property from AG the unexpired three year term which will expire Agricultural District to CS Commercial Service 7/1/04. Seconded by Cline. Motion carried 7-and Wholesale District, with conditions, as 0. shown in Exhibit A, and to the centerline of the Housing Commission (One unexpired three-adjoining public right-of-way, all in the City of year term through 8/17/04): Applicant:Joseph Dubuque, Iowa. Suarez. Markham moved that Joseph Suarez Section 2. The foregoing amendment has be appointed to the unexpired term which will heretofore been reviewed by the Zoning expire 8/17/04. Seconded by Buol. Motion Advisory Commission of the City of Dubuque, carried 7-0. Iowa. Zoning Board of Adjustment (One five-year Section 3. This ordinance shall take effect term through 3/25/08 – term of Urell): Applicant: immediately upon publication, as provided by Jim Urell. Cline moved that Jim Urell be law. th reappointed to a five year term which will expire Passed, approved and adopted this 17 day of 3/25/08. Seconded by Buol. Motion carried 7-0. March 2003. Terrance M. Duggan, Mayor PUBLIC HEARINGS Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 17-03 Michalski moved that the rules be We, Tom Zalaznik and Ed Zalaznik, property suspended to allow anyone present to speak. owners, having read the terms and conditions of Seconded by Connors. Motion carried 7-0. the foregoing Ordinance No. 17-03 and being familiar with the conditions thereof, hereby Crescent Ridge Road – Request to Rezone: accept this same and agree to the conditions Proof of publication on notice of hearing to required therein. th consider a request from Tom and Ed Zalaznik to Dated in Dubuque, Iowa this 17 day of March rezone property located on Crescent Ridge 2003. Road, west of Cedar Cross Road, from AG /s/ Tom Zalaznik Agricultural District to CS Commercial Service /s/ Ed Zalaznik and Wholesale District and Zoning Advisory Published officially in the Telegraph Herald st Commission recommending approval, with newspaper this 21 day of March, 2003. conditions, presented and read. Buol moved Jeanne F. Schneider, City Clerk that the proof and communication be received 1t 3/17 and filed. Seconded by Cline. Motion carried 7-Buol moved that the requirement that a 0. proposed Ordinance be considered and voted Tom Zalaznik, as owner of the property, spoke on for passage at two Council Meetings prior to requesting the rezoning. the meeting at which it is to be finally passed be An Ordinance Amending Appendix A (the suspended and further moved final Zoning Ordinance) of the City of Dubuque Code consideration and passage of the Ordinance. of Ordinances by reclassifying hereinafter Seconded by Cline. Motion carried 7-0. described property located along the north side of Crescent Ridge Road from AG Agricultural Hillcrest Family Services ID Institutional District to CS Commercial Service and District Amendment: Proof of publication on Wholesale District, with conditions, presented notice of hearing to consider amending the and read. Hillcrest Family Services ID Institutional District to allow extension of the time frame for use of Regular Session, March 17, 2003 85 the existing portable classrooms and Zoning being familiar with the conditions thereof, hereby Advisory Commission recommending approval, accept this same and agree to the conditions presented and read. Michalski moved that the required therein. th proof and communication be received and filed. Dated in Dubuque, Iowa this 12 day of Seconded by Nicholson. Motion carried 7-0. March, 2003. Gary Gansemer, of Hillcrest Family Services, /s/ Gary L. Gansemer spoke requesting the rezoning. Hillcrest Family Services An Ordinance Amending Appendix A (the Published officially in the Telegraph Herald the st Zoning Ordinance) of the City of Dubuque Code 21 day of March, 2003. of Ordinances by repealing Section 2(D)(2) of /s/Jeanne F. Schneider, CMC Ordinance No. 55-00 and enacting a new City Clerk Section 2(D)(2) in lieu thereof pertaining to the 1t 3/21 time limit for use of portable classrooms at Michalski moved that the requirement that a Hillcrest Family Services, presented and read. proposed Ordinance be considered and voted on for passage at two Council Meetings prior to OFFICIAL PUBLICATION the meeting at which it is to be finally passed be ORDINANCE NO. 18-03 suspended and further moved final consi- AN ORDINANCE AMENDING APPENDIX A deration and passage of the Ordinance. (THE ZONING ORDINANCE) OF THE CITY OF Seconded by Nicholson. Motion carried 7-0. DUBUQUE CODE OF ORDINANCES, BY REPEALING SECTION 2(D)(2) OF Vacating Request – Alley Between Bryant and ORDINANCE NO. 55-00 AND ENACTING A Ramona Streets: Proof of publication on notice NEW SECTION 2(D)(2) IN LIEU THEREOF of hearing to consider a request from the PERTAINING TO THE TIME LIMIT FOR USE Dubuque Community School District to vacate OF PORTABLE CLASSROOMS AT the alley between Bryant and Ramona Streets HILLCREST FAMILY SERIVCES. from Mt. Loretta Avenue 148 feet south and City Whereas, Ordinance No. 55-00 was adopted Manager recommending approval, presented on July 5, 2000, by the City Council amending and read. Cline moved that the proof and the ID Institutional District for Hillcrest Family communication be received and filed. Services; and Seconded by Nicholson. Motion carried 7-0. Whereas, Hillcrest Family Services has RESOLUTION NO. 92-03 requested an amendment to the ID Institutional RESOLUTION DISPOSING OF CITY District regulating the time limit for use of the INTEREST IN LOT 1A AND LOT 3A IN portable classrooms in the ID Institutional COLUMBIA ADDITION IN THE CITY OF District. DUBUQUE, DUBUQUE COUNTY, IOWA NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Whereas, pursuant to resolution and published DUBUQUE, IOWA: notice of time and place of hearing, published in Section 1. That Appendix A (the Zoning the Telegraph Herald, a newspaper of general Ordinance) is hereby amended by repealing circulation published in the City of Dubuque, Section 2(D)(2) of Ordinance No. 55-00 and Iowa on March 7, 2003, the City Council of the enacting a new Section 2(D)(2) in lieu thereof, City of Dubuque, Iowa met on the March 17, as follows: 2003, at 6:30 p.m. in the Public Library th 2(D)(2): All portable classrooms located in this Auditorium, 360 West 11 Street, Dubuque, ID District shall be removed by Hillcrest Family Iowa to consider the proposal for the sale of real Services no later than June 30, 2006. estate described as: Section 2. The foregoing amendment has Lot 1A and Lot 3A in Columbia Addition in the heretofore been reviewed by the Zoning City of Dubuque, Dubuque County, Iowa Advisory Commission of the City of Dubuque, Whereas, the City Council of the City of Iowa. Dubuque, Iowa overruled any and all objections, Section 3. This Ordinance shall take effect oral or written to the proposal to sell such real immediately upon publication as provided by estate, except for easement as noted. law. NOW THEREFORE, BE IT RESOLVED BY th Passed, approved and adopted this 17 day of THE CITY COUNCIL OF THE CITY OF March, 2003. DUBUQUE, IOWA: Terrance M. Duggan, Mayor Section 1. That the sale of City of Dubuque Attest: Jeanne F. Schneider, City Clerk real property described as Lot 1A in Columbia ACCEPTANCE OF ORDINANCE NO. 18-03 Addition in the City of Dubuque, Dubuque I, Gary L. Gansemer, Hillcrest Family County, Iowa, to Dubuque Community Schools Services, having read the terms and conditions be and the same is hereby approved for the cost of the foregoing Ordinance No.18-03 and 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 embodied in Ordinance No. 42-81, as modified Bryant Street to Ramona Street. Conveyance by a series of waivers and side agreements, and shall be by Quit Claim Deed. acquired from TCI of Iowa, Inc. via a transfer Section 2. That the sale of City of Dubuque approved by the Dubuque City Council on June real property described as Lot 3A in Columbia 18, 2001; and Addition in the City of Dubuque, Dubuque Whereas, one of the side agreements is a County, Iowa, to Janaan D. Hanten be and the lease to Mediacom to build and maintain a same is hereby approved. Conveyance shall be network hub on City-owned property located at by Quit Claim Deed. 1585 West Third Street in Dubuque; and Section 3. The City of Dubuque reserves unto Whereas, the terms of the franchise and of the itself a perpetual easement including the right of lease will expire March 31, 2003; and ingress and egress thereto, for the purpose of Whereas, representatives of the City of erecting, installing, construction, reconstructing, Dubuque and of Mediacom have entered into repairing, owning, operating, and maintaining good faith negotiation of terms and conditions water, sewer, drainage, gas, telephone, t.v. for the renewal of the franchise and the lease. cable, and electric lines as may be authorized by NOW, THEREFORE, BE IT ORDAINED BY the City of Dubuque, Iowa as shown on the Plat THE CITY COUNCIL OF THE CITY OF of Survey of Lot 1A and Lot 3A in Columbia DUBUQUE, IOWA: Addition in the City of Dubuque, Dubuque Section 1. The term of the cable services County, Iowa. franchise and the term of the lease are hereby Section 4. That the Mayor be authorized and extended to June 30, 2003, with all the rights, directed to execute a Quit Claim Deed, and the privileges and responsibilities appertaining City Clerk be and is hereby authorized and thereunto; and directed to deliver said deed of conveyance to Section 2. The City Manager is hereby Dubuque Community Schools and Janaan D. authorized to sign and administer the extension Hanten upon receipt of the purchase price in full. agreement on behalf of the City of Dubuque. Section 5. That the City Clerk be and is hereby Passed, approved and adopted this 17th day authorized and directed to record a certified of March, 2003. copy of this resolution in the office of the City Terrance M. Duggan, Mayor Assessor, Dubuque County Recorder and Attest: Jeanne F. Schneider, City Clerk Dubuque County Auditor. Published officially in the Telegraph Herald the thst Passed, approved and adopted this 17 day of 21 day of March, 2003. March, 2003. Jeanne F. Schneider, CMC, City Clerk Terrance M. Duggan, Mayor 1t 3/21 Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved that the requirement that a Cline moved adoption of the Resolution. proposed Ordinance be considered and voted Seconded by Nicholson. Motion carried 7-0. on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be Mediacom Franchise Extension: Proof of suspended and further moved final publication on notice of hearing to consider an consideration and passage of the Ordinance. additional short-term extension through June 30, Seconded by Nicholson. Motion carried 7-0. 2003 of the existing Mediacom cable franchise and site agreements under the terms currently in Carnegie Stout Public Library Roof effect and City Manager recommending Replacement Project: Proofs of publication on approval, presented and read. Buol moved that notice of hearing on plans and specifications the proof and communication be received and and notice to bidders on the receipt of bids, and filed. Seconded by Nicholson. Motion carried 7-City Manager recommending award of the 0. contract for the Public Library Roof Replacement Project to Jim Giese Commercial Roofing in the An Ordinance Extending the term of the amount of $42,983, presented and read. Cline existing cable franchise agreement and hub site moved that the proof and communication be lease of MCCIowa, L.L.C. to June 30, 2003, received and filed. Seconded by Connors. presented and read. Motion carried 7-0. OFFICIAL PUBLICATION RESOLUTION NO. 93-03 ORDINANCE NO. 19-03 RESOLUTION ADOPTING PLANS AND AN ORDINANCE EXTENDING THE TERM OF SPECIFICATIONS rd THE EXISTING CABLE FRANCHISE Whereas, on the 3 day of February, 2003 AGREEMENT AND HUB SITE LEASE OF plans, specifications, and form of contract were MCCIOWA, L.L.C. TO JUNE 30, 2003. filed with the City Clerk of Dubuque, Iowa for the Whereas, MCCIowa, L.L.C. (Mediacom) is the replacement of the 1980 Carnegie-Stout Public current holder of a cable services franchise, Library addition roof. Regular Session, March 17, 2003 87 Whereas, notice of hearing on plans, Frank Pothoff spoke and requested that the specifications, and form of contract was 26’ road width be waived and go to 22 feet. published as required by law. Cline moved to receive and file the NOW, THERFORE BE IT RESOLVED BY communication and approve the plat, with the THE CITY COUNCIL OF THE CITY OF amendment of a 22’ roadway. Seconded by DUBUQUE, IOWA: Markham. Carried by the following vote: That the proposed plans, specifications, form Yeas—Buol, Cline, Connors, Duggan, Markham, of contract and cost for the Roof Replacement Michalski. Nays—Nicholson. Of The 1980 Carnegie-Stout Public Library Addition in the amount of $42,983.00 are hereby Wertzberger Acres No. 2 – Preliminary Plat: approved for said project. Zoning Advisory Commission recommending th Passed, approved and adopted this 17 day of approval of the preliminary plat of Wertzberger March 2003. Acres No. 2, located at 9773 Katie Cove in Terrance M. Duggan, Mayor Dubuque County, as requested by Walter Attest: Jeanne F. Schneider, City Clerk Wertzberger, presented and read. Cline moved Cline moved adoption of the Resolution. that the communication be received and filed Seconded by Connors. Motion carried 7-0. and approved the plat. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 94-03 AWARDING CONTRACT Golf Course Renovation Master Plan: City Whereas, sealed proposals have been Manager recommending approval of the hiring of submitted by contractors for the replacement of Gill Miller Golf Course Architects, Inc. to conduct the roof on the 1980 addition to the Carnegie a renovation study and develop a master plan Stout Public Library and notice to bidders has for the Bunker Hill Golf Course, presented and been published in a newspaper published in the read. Nicholson moved that the communication th City of Dubuque, Iowa on the 7 day of February be received and filed and approved 2003; and recommendation. Seconded by Connors. Whereas the said sealed proposals were Motion carried 7-0. th opened and read of the 4 day of March 2003 and it has been determined that the bid of Jim Old Mill Road Property Purchase: City Giese Commercial Roofing in the amount of Manager recommending approval to proceed forty-two thousand, nine hundred eighty-three with closing on the purchase of three properties dollars ($42,983.00) was the lowest bid for on Old Mill Road, previously approved by furnishing the base bid materials as provided for Council on December 16, 2002, pending receipt in the plans and specifications. and processing of the FEMA contract for these NOW THEREFORE, BE IT RESOLVED BY properties on March 14, 2003, presented and THE CITY COUNCIL OF THE CITY OF read. Cline moved that the communication be DUBUQUE, IOWA: received and filed and approved That the contract for the above construction be recommendation. Seconded by Nicholson. awarded to Jim Giese Commercial Roofing and Motion carried 7-0. the Manager is hereby authorized to execute a contract on behalf of the City of Dubuque. Bee Branch Alignment Study Request for th Passed, approved and adopted this 17 day of Proposals: City Manager recommending March 2003. approval of a proposed Request for Proposals Terrance M. Duggan, Mayor (RFP) for the Bee Branch Creek Alignment Attest: Jeanne F. Schneider, City Clerk Study to address issues related to the second Cline moved adoption of the Resolution. phase of the Drainage Basin Master Plan, Seconded by Connors. Motion carried 7-0. presented and read. Nicholson moved that the communication be received and filed and Michalski moved that the rules be reinstated approved recommendation. Seconded by Buol. limiting discussion to the Council. Seconded by Carried by the following vote: Yeas—Buol, Cline. Motion carried 7-0. Cline, Connors, Markham, Michalski, Nicholson. Nays—Duggan. ACTION ITEMS Bluff Land Protection Measures: City Manager Pothoff Place No. 2 – Preliminary Plat: Zoning submitting information regarding Bluff Land Advisory Commission recommending approval Protection Measures, presented and read. of the preliminary plat of Pothoff Place No. 2, Cline moved that this item be tabled to the located northeast of Gardener’s Lane / 4/21/03 Council Meeting. Seconded by Emberwood Drive in Dubuque County, as Nicholson. Carried by the following vote: requested by Ronald, Alvin and Francis Pothoff, Yeas—Buol, Cline, Connors, Duggan, Michalski, presented and read. Nicholson. Nays—Markham. 88 Regular Session, March 17, 2003 At 7:27 P.M. Michalski moved to go into Approved:__________________________2003 Closed Session re: Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2001 Adopted:___________________________2003 Code of Iowa. Seconded by Buol. Motion carried 7-0. ______________________________________ At 7:45 P.M. Council reconvened stating Staff Mayor 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 1t 3/26 ______________________________________ ______________________________________ Council Members Attest: ______________________________________ City Clerk