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2003 June Council Proceedings Regular Session, June 2, 2003 165 DUBUQUE Citizen Communications: Communications from citizens regarding the importance of CITY COUNCIL retaining the School Resource Officers (SRO) in OFFICIAL the City’s schools, presented and read. Buol PROCEEDINGS moved that the communication be received and filed. Seconded by Michalski. Motion carried 7- City Council, Regular Session, June 2, 2003 0. Council met in Regular Session at 6:30 P.M. in the Library Auditorium Iowa Department of Transportation: Communication from the Iowa Department of Present: Mayor Duggan, Council Members Transportation regarding the Corridor Buol, Cline, Connors, Markham, Michalski, Preservation Zone along U.S. 20 from the Nicholson, City Manager Michael Van Milligen, Peosta interchange east to near the intersection Corporation Counsel Barry Lindahl. with the Northwest Arterial, presented and read. Buol moved that the communication be received Mayor Duggan read the call and stated this is and filed and referred to the City Manager. a regular session of the City Council called for Seconded by Michalski. Motion carried 7-0. the purpose of discussing such matters which may properly come before the City Council. Legislative Issues: Statement by Governor Vilsack on the U.S. Invocation was given by Sister Paula Maloy, Senate Economic Stimulus Package, presented svm and read. Buol moved that the communication be received and filed. Seconded by Michalski. Proclamation: Rising Stars Independent Motion carried 7-0. League Days received by Jeff Gallery. Communication from Governor Thomas J. Vilsack to City Manager Michael Van Milligen CONSENT ITEMS regarding the Iowa Values Fund, presented and read. Buol moved that the communication be Minutes and Reports Submitted: City Council received and filed. Seconded by Michalski. of May 19; Downtown Planning Commission of Motion carried 7-0. May 5; Housing Commission of April 22; Human Communication from City Manager to State Rights Commission of April 14, presented and Legislators regarding federal funding, presented read. Buol moved that the minutes be received and read. Buol moved that the communication and filed. Seconded by Michalski. Motion be received and filed. Seconded by Michalski. carried 7-0. Motion carried 7-0. Proofs of publication of City Council Intercreditor Agreement for Cottingham and Proceedings of May 5 and May 8 and List of Butler: City Manager recommending approval of Claims and Summary of Revenues for month an Intercreditor Agreement by and between the ending April 30, presented and read. Buol City and the Iowa Department of Economic moved that the proofs be received and filed. Development providing for the sharing of Seconded by Michalski. Motion carried 7-0. security interests in mortgages related to Cottingham and Butler’s Town Clock Building, Notice of Claims/Suits: Susan Breitbach for presented and read. Buol moved that the vehicle damage; Mortgage Electronic communication be received and filed. Seconded Registration Systems, Inc. vs. City of Dubuque, by Michalski. Motion carried 7-0. Iowa; United Way Services, Inc. for property damage, presented and read. Buol moved that RESOLUTION NO. 183-03 the claims and suits be referred to the Legal A RESOLUTION APPROVING AN INTER- CREDITOR AGREEMENT WITH THE IOWA Staff for investigation and report. Seconded by DEPARTMENT OF ECONOMIC DEVELOP- Michalski. Motion carried 7-0. MENT FOR PROPERTY OWNED BY COTTINGHAM & BUTLER. Corporation Counsel recommending settlement of the claim of Randy Schmerbach Whereas, the City of Dubuque, Iowa, (“City”) for property damage and Becky Hanson for and the Iowa Department of Economic property damage and recommending that the Development (“IDED”) have provided certain Finance Department issue payment, presented loans to Cottingham & Butler for the and read. Buol moved that the communications rehabilitation of property located at 835 Main be received and filed and directed Finance Street; and Director to issue payment. Seconded by Whereas, certain mortgages have been filed Michalski. Motion carried 7-0. as security for those loans; and 166 Regular Session, June 2, 2003 Whereas, the City and IDED wish to share Lead Hazard Reduction Grant: City Manager their security interests in the collateral; and recommending approval of an application to the Whereas, the Intercreditor Agreement, hereto U.S. Department of Housing and Urban attached and by this reference made a part Development for $2,000,000 for the continuation hereof, sets forth the terms and conditions of the of the Lead-Based Paint Hazard Prevention shared collateral. Program, presented and read. Buol moved that NOW, THEREFORE, BE IT RESOLVED BY the communication be received and filed and THE CITY COUNCIL OF THE CITY OF approved recommendation. Seconded by DUBUQUE, IOWA: Michalski. Motion carried 7-0. Section 1. That the Intercreditor Agreement by and between the City and IDED is hereby Dubuque County Board of Supervisors: accepted and approved. Communication from City Manager Michael Van Section 2. That the Mayor is hereby authorized Milligen to the Dubuque County Board of to execute, on behalf of the City Council of the Supervisors regarding a rezoning request for City of Dubuque, Iowa, the attached Intercreditor property on Seippel Road and the placing of Agreement. certain conditions on the rezoning, presented Passed, approved and adopted this 2nd day of and read. Buol moved that the communication June 2003. be received and filed. Seconded by Michalski. Terrance M. Duggan, Mayor Motion carried 7-0. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Library Board of Trustees: Communication Seconded by Michalski. Motion carried 7-0. from Susan Henricks, Library Director, advising that Library Board Member Kevin Lynch does Second Amendment to Development not intend to reapply for appointment to the Agreement with Interstate Power and Light Board, presented and read. Buol moved that Company: City Manager recommending the communication be received and filed. approval of a second amendment to the Seconded by Michalski. Motion carried 7-0. Development Agreement between the City and Interstate Power and Light Company providing Business License Refund: Request of The for the development of property purchased by Ground Round, Inc., for a refund on their Beer Interstate in the Dubuque Industrial Center and Liquor Combination License in the amount West, presented and read. Buol moved that the of $422.50, presented and read. Buol moved communication be received and filed and that the communication be received and filed approved recommendation. Seconded by and approved refund. Seconded by Michalski. Michalski. Motion carried 7-0. Motion carried 7-0. Downtown Neighborhood Council: Business Licenses: Communication from the Historic Preservation RESOLUTION NO. 184-03 Commission recommending approval of a request from the Downtown Neighborhood NOW, THEREFORE, BE IT RESOLVED BY Council to place trash receptacles in the public THE CITY COUNCIL OF THE CITY OF right-of-way in Jackson Park, presented and DUBUQUE, IOWA: read. Buol moved that the communication be That the following having complied with the received and filed and approved provisions of law relating to the sale of recommendation. Seconded by Michalski. Cigarettes within the City of Dubuque, Iowa, be Motion carried 7-0. granted a permit to sell Cigarettes and Cigarette Papers within said City. Plastic Center, Inc. Agreement: City Manager NEW recommending acceptance of a settlement with Easy Street LLC Easy Street LLC Plastic Center, Inc. for their lawsuit against the 431 Rhomberg Ave City related to the design standards in the Ice Passed, approved and adopted this 2nd day of Harbor Urban Renewal District, presented and June, 2003. read. Buol moved that the communication be Terrance M. Duggan, Mayor received and filed and approved. Seconded by Attest: Jeanne F. Schneider, CMC, City Clerk Michalski. Motion carried 7-0. Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Asbury Plaza Drainage: City Manager RESOLUTION NO. 185-03 submitting a response to inquiries regarding the BEER Asbury Plaza drainage issue, presented and read. Buol moved that the communication be Whereas, applications for Beer Permits have received and filed. Seconded by Michalski. been submitted and filed to this Council for Motion carried 7-0. Regular Session, June 2, 2003 167 approval and the same have been examined package, presented and read. Buol moved that and approved: and the communication be received and filed. Whereas, the premises to be occupied by Seconded by Michalski. Motion carried 7-0. such applicants were inspected and found to ITEMS TO BE SET FOR PUBLIC HEARING comply with the Ordinances of the City and have filed proper bonds NOW, THEREFORE, BE IT RESOLVED BY Sale of City Property: City Manager THE CITY COUNCIL OF THE CITY OF recommending that a public hearing be set for DUBUQUE, IOWA: June 16, 2003 to consider a request from That the Manager be authorized to cause to be Randall J. Klauer to purchase Lot 319 of Ham’s issued the following named applicants a Beer Addition, located on the corner of Rhomberg Permit. Avenue and Hawthorne Street, presented and CLASS “B” BEER read. Cline moved that the communication be Prospect Pizza Ltd Pizza Hut+ received and filed. Seconded by Nicholson. (Sunday Sale) 2075 JFK Rd Motion carried 7-0. Prospect Pizza Ltd Pizza Hut+ th RESOLUTION NO. 187-03 (Sunday Sale) 320 E. 20 St RESOLUTION OF INTENT TO DISPOSE OF CLASS “B” BEER ( 6 MONTH LICENSE) INTEREST IN LOT 2 OF 319 OF HAM’S Cooper Management Com. Bricktown ADDITION, DUBUQUE, IOWA Brewery 280 Locust St Passed, approved and adopted this 2nd day of Whereas, the City of Dubuque is the owner of June, 2003. Lot 2 of 319 of Ham’s Addition in the City of Terrance M. Duggan, Mayor Dubuque, Iowa; and Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, Randall J. Klauer has requested to Buol moved adoption of the Resolution. purchase Lot 2 of 319 of Ham’s Addition from Seconded by Michalski. Motion carried 7-0. the City of Dubuque: and Whereas, the City Council of the City of RESOLUTION NO. 186-03 Dubuque, Iowa has determined that Lot 2 of 319 Whereas, applications for Liquor Licenses of Ham’s Addition is no longer required for public have been submitted to this Council for approval use, and that the sale of Lot 2 of 319 of Ham’s and the same have been examined and Addition in the City of Dubuque, Dubuque approved; and County, Iowa should be approved on the terms Whereas, the premises to be occupied by such and conditions set forth below. applicants were inspected and found to comply NOW, THEREFORE, BE IT RESOLVED BY with the State Laws and all City Ordinances THE CITY COUNCIL OF THE CITY OF relevant thereto and they have filed proper DUBUQUE, IOWA: bonds. Section 1. That the City of Dubuque intends to NOW, THEREFORE, BE IT RESOLVED BY dispose of its interest in Lot 2 of 319 of Ham’s THE CITY COUNCIL OF THE CITY OF Addition in the City of Dubuque, Iowa, by sale to DUBUQUE, IOWA: Randall J. Klauer. That the Manager be authorized to cause to be Section 2. That the conveyance of Lot 2 of 319 issued the following named applicants a Liquor of Ham’s Addition in the City of Dubuque, Iowa, License. subject to easements of record, to Randall J. CLASS “C” BEER/LIQUOR LICENSE Klauer be contingent upon the payment of James Ferring Dubuque Bowling Lanes+ $10,000, plus publication and filing fees, and (Sunday Sale) 1029 ½ Main St payment by Mr. Klauer of any costs for survey Jumpers Sports Bar/Grill, Inc Jumpers Sports and plat of the lot. Bar+(Sunday Sale) 2600 Dodge St Section 3. The City Clerk is hereby authorized Easy Street, LLC Easy Street+ and directed to cause this Resolution and a (Sunday Sale) 431 Rhomberg Ave notice to be published as prescribed by Iowa nd Passed, approved and adopted this 2 day of Code Section 364.7 of a public hearing on the June, 2003. City’s intent to dispose of the foregoing- nd Terrance M. Duggan, Mayor described real property, to be held on the 2 Attest: Jeanne F. Schneider, CMC, City Clerk day of June, 2003, at 6:30 o’clock p.m. at the th Buol moved adoption of the Resolution. public library auditorium, 11 & Locust, Seconded by Michalski. Motion carried 7-0. Dubuque, Iowa. Passed, approved and adopted this 2nd day of Communication of the City Manager to June, 2003. Senator Charles Grassley thanking him for Terrance M. Duggan, Mayor fighting for federal financial assistance for states Attest: Jeanne F. Schneider, CMC, City Clerk and requesting that he urge the State of Iowa to Cline moved adoption of the Resolution and honor the intent of the federal assistance further set this for Public Hearing on 6/16/03 at a 168 Regular Session, June 2, 2003 meeting to commence at 6:30 P.M. in the public easements on city-owned land at the Riprow library auditorium and that the City Clerk publish Valley Trailhead, presented and read. Cline notice in the manner prescribed by law. moved that the communication be received and Seconded by Nicholson. Motion carried 7-0. filed. Seconded by Nicholson. Motion carried 7- 0. Mediacom Franchise Extension: City Manager RESOLUTION NO. 189-03 recommending that a public hearing be set for RESOLUTION OF INTENT TO DISPOSE OF June 16, 2003 to consider an additional short- CITY INTEREST IN DEVELOPMENT RIGHTS term extension through December 31, 2003 of FOR LOT 1 OF 1 OF GOVERNMENT LOT #1; the existing Mediacom cable franchise and side LOT 1, ROCK CUT SUBDIVISION; AND LOT A agreements under the terms currently in effect, OF GOVERNMENT LOT #1, ALL IN SECTION presented and read. Cline moved that the 6, T88, R3E, IN THE CITY OF DUBUQUE, communication be received and filed. Seconded IOWA FOR EASEMENTS FOR THE RIPROW by Nicholson. Motion carried 7-0. VALLEY TRAILHEAD PROJECT RESOLUTION NO. 188-03 Whereas, the City of Dubuque, Iowa has A RESOLUTION OF THE CITY'S INTENT TO requested federal grants for the acquisition of GRANT A SHORT-TERM EXTENSION OF AN land and development rights for the Riprow EXISTING CABLE SERVICES FRANCHISE Valley Trailhead Project for property legally AND AN EXISTING HUB SITE LEASE TO described asLot 1 of 1 of Government Lot #1; MCCIOWA L.L.C. Lot 1, Rock Cut Subdivision; and Lot A of Whereas, MCCIowa, L.L.C. (Mediacom) is the Government Lot #1, all in Section 6, T88, R3E, current holder of a cable services franchise, in the City of Dubuque, Iowa; and embodied in Ordinance No. 42-81, as modified Whereas, obtaining these federal grants by a series of waivers and side agreements, and requires that the City of Dubuque provide acquired from TCI of Iowa, Inc. via a transfer easements for the preservation and approved by the Dubuque City Council on June conservation of the described property by 18, 2001; and relinquishing certain development rights in Whereas, one of the side agreements is a accordance with said easements; and lease to Mediacom to build and maintain a Whereas, the City Council of the City of network hub on City-owned property located at 1585 West Third Street in Dubuque; and Dubuque, Iowa has determined that Whereas, the terms of the franchise and of the relinquishing these development rights in lease will expire June 30, 2003,and accordance with said easements for the Whereas, representatives of the City of described property is in the public interest, and Dubuque and of Mediacom have entered into should be approved. good faith negotiation of terms and conditions NOW, THEREFORE, BE IT RESOLVED BY for the renewal of the franchise and the lease. 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 City of Dubuque intends to DUBUQUE, IOWA: dispose of its interest in certain development Section 1. That the City of Dubuque intends to rights in accordance with said easements for Lot extend the term of the cable services franchise 1 of 1 of Government Lot #1; Lot 1, Rock Cut and the term of the lease to December 31, 2003 Subdivision; and Lot A of Government Lot #1, all under the same terms and conditions as currently in effect; and in Section 6, T88, R3E, in the City of Dubuque, Section 2. That the City Clerk is hereby Iowa. authorized and directed to cause notices to be Section 2. That the conveyance of certain published of the proposed extension in the development rights in accordance with a letter of manner prescribed by law. agreement and preservation covenant with the Passed, approved and adopted this 2nd day Iowa Department of Natural Resources and the of June, 2003. Iowa State Historic Preservation Office for Lot 1 Terrance M. Duggan, Mayor of 1 of Government Lot #1, and Lot 1, Rock Cut Attest: Jeanne F. Schneider, City Clerk Subdivision, both in Section 6, T88, R3E, in the Cline moved adoption of the Resolution and City of Dubuque, Iowa is contingent on the set this for public hearing on 6/16/03 at a receipt of a grant from the Federal Recreational meeting to commence at 6:30 P.M. in the public Trails Fund. library auditorium and that the City Clerk publish Section 3. That the conveyance of notice in the manner prescribed by law. development rights in accordance with a deed of Seconded by Nicholson. Motion carried 7-0. conservation with the Iowa Natural Heritage Foundation for Lot 1 of 1 of Government Lot #1; Easements – Riprow Valley: City Manager Lot 1, Rock Cut Subdivision; and Lot A of recommending that a public hearing be set for Government Lot #1, all in Section 6, T88, R3E, June 16, 2003 to consider granting two in the City of Dubuque, Iowa is contingent on the Regular Session, June 2, 2003 169 receipt of a grant from the National Fish and Mayor Duggan turned control of the meeting to Wildlife Foundation. Mayor Pro-Tem Cline due to possible conflict of Section 4. That the City Clerk be and is hereby interest. authorized and directed to cause a notice of Michalski moved that the following item be intent to dispose of said real estate to be removed from the table: Seconded by Connors. published in the manner as prescribed by law. Motion carried 7-0. Passed, approved and adopted this 2nd day of QHQ Properties – Request to Rezone (Tabled June 2003. at May 19, 2003 Meeting): Proof of publication Terrance M. Duggan, Mayor on notice of hearing to consider rezoning Attest: Jeanne F. Schneider, CMC, City Clerk property located south of Holliday Drive, west of Cline moved adoption of the Resolution and the Northwest Arterial, from AG Agricultural set this for Public Hearing on 6/16/03 at a District to C-3 General Commercial zoning meeting to commence at 6:30 P.M. in the public district at the request of QHQ Properties and library auditorium and that the City Clerk publish Zoning Advisory Commission recommending notice in the manner prescribed by law. approval, with conditions; Communication from Seconded by Nicholson. Motion carried 7-0. Mary Jungbluth in opposition to the rezoning of property located west of the Northwest Arterial BOARDS/COMMISSIONS and south of Asbury Road; Communication from Susan and Patrick Meehan sharing concerns Applicants are invited to address the Council about the proposed rezoning of property regarding their desire to serve on the following adjacent to their home, presented and read. Boards/Commissions: An Ordinance Amending Appendix A (the Community Development Advisory Zoning Ordinance) of the City of Dubuque Code Commission (One at-large and one of Ordinances by reclassifying hereinafter low/moderate income vacancy to expire 2/15/04 described property located south of Holliday and two low/moderate income vacancies to Drive, west of the Northwest Arterial, from AG expire 2/15/05) Applicants: Gina Bell (At-Large), Agricultural District to C-3 General Commercial Sr. Paula Maloy, SVM (At-Large), David Shaw zoning district, with conditions, presented and (Low/ Moderate Income) Gina Bell and Sr. read. Paula Maloy both spoke requesting Ken Buesing of Buesing & Associates spoke consideration for appointment. introducing Tim Quagliano (applicant) and Historic Preservation Commission (One Attorney Steve Juergens, and gave the history unexpired three-year term for Old Main District of the property. to expire 7/1/03, one three-year term for John Jungbluth, 4911 Twilight; Patrick and Cathedral District to expire 7/1/03, and one Susan Meehan, 2465 Samantha Dr.; Mark three-year term for At-Large to expire 7/1/06 – Lockwood, 2215 Samantha Dr.; Danielle currently James Gibbs) Applicants: Michael Putchio, 2220 Samantha Dr.; all spoke in Coty (Cathedral District), James E. Gibbs (At-objection to the proposed rezoning. Large), Christine Olson (At-Large) Michael Coty Attorney Steve Juergens, 200 Security Bldg., and Christine Olson both spoke requesting spoke clarifying the letters concerning the consideration for appointment. mention of the covenants. Investment Oversight Advisory Commission Public Works Director Mike Koch explained (Two three-year terms to expire 7/1/06 – Terms future traffic light updates. of Lassance and Melendez): Applicants:Paul Nicholson requested that two conditions be Lassance and Hiram Melendez. No one spoke. added to the Ordinance – additional screening Library Board Of Trustees – Mayor with replacement as necessary and no drinking Appointment (Two four-year terms to expire establishments be allowed in the commercial 7/1/07 – Terms of Lindsay and Lynch) development. Applicants:Alan Avery and Susan Lindsay. No Nicholson moved to close the public hearing one spoke. and table the issue until the applicant brings it Zoning Advisory Commission (Two three-year back. Seconded by Michalski. Motion carried terms to expire 7/1/06 – Terms of Hardie and 6-0. Council directed the applicant and Roush) Applicants:Stephen Hardie and Ben neighbors to work together to reach a mutually Roush. No one spoke. agreeable solution to the issues presented. PUBLIC HEARINGS Mayor Duggan returned and took control of the meeting. Nicholson moved to suspend the rules to allow anyone present to address the Council if they so Vacating Petition – Railroad Street in Centre desire. Seconded by Connors. Motion carried Grove Addition: Proof of publication on notice of 7-0. hearing and City Manager recommending approval of a request from Flint Drake, 170 Regular Session, June 2, 2003 representing the estate of Edward J. Zalaznik, Terrance M. Duggan, Mayor for the vacating of Railroad Street in Centre Attest: Jeanne F. Schneider, CMC, City Clerk Grove Addition, presented and read. Markham Markham moved adoption of the Resolution. moved that the proof and communication be Seconded by Cline. Motion carried 7-0. received and filed. Seconded by Cline. Motion carried 7-0. Expansion of Vessel Systems, Inc. at the Dubuque Industrial Center West: Proof of RESOLUTION NO. 190-03 publication on notice of hearing and City RESOLUTION DISPOSING OF CITY Manager recommending approval of the INTEREST IN LOTS 21A AND 22A OF disposition of Lots 7 and 8 in Dubuque Industrial nd CENTRE GROVE IN THE CITY OF DUBUQUE, Center West 2 Addition to Vessel Systems, DUBUQUE COUNTY, IOWA Inc. for the purpose of constructing a 31,000 Whereas, pursuant to resolution and published square foot manufacturing facility and approval notice of time and place of hearing, published in of a Development Agreement with Vessel the Telegraph Herald, a newspaper of general Systems, Inc., presented and read. Buol moved circulation published in the City of Dubuque, that the proof and communication be received rd Iowa on this 23 day of May, 2003, the City and filed. Seconded by Nicholson. Motion Council of the City of Dubuque, Iowa met on the carried 7-0. nd 2 day of June, 2003, at 6:30 p.m. in the Public RESOLUTION NO. 191-03 Library Auditorium, 360 West 11 Street, RESOLUTION APPROVING A DEVELOP- Dubuque, Dubuque County, Iowa to consider MENT AGREEMENT PROVIDING FOR THE the proposal for the sale of real estate described SALE AND PRIVATE DEVELOPMENT OF as: LOTS 7 AND 8 DUBUQUE INDUSTRIAL Lots 21A and 22A of Centre Grove in the City ND CENTER WEST 2 ADDITION IN THE CITY of Dubuque, Dubuque County, Iowa OF DUBUQUE, IOWA, TO VESSEL SYSTEMS, Whereas, the City Council of the City of INC. Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real Whereas, this Council, by Resolution No. 166 - estate, except for easement as noted. 03 dated May 19, 2003, declared its intent to NOW, THEREFORE, BE IT RESOLVED BY enter into a Development Agreement with THE CITY COUNCIL OF THE CITY OF Vessel Systems, Inc. for the sale and DUBUQUE, IOWA: development of Lots 7 and 8 of the Dubuque nd Section 1. That the sale of City of Dubuque Industrial Center West 2 Addition in the City of real property described as Lots 21A and 22A of Dubuque, Iowa, as shown on the attached plat Centre Grove in the City of Dubuque, Dubuque (the Property); and County, Iowa to the Edward J. Zalaznik Trust Whereas, pursuant to published notice, a dated June 15, 1999, be and the same is hereby public hearing was held on the proposed approved for the cost of publication, platting and disposition on June 2, 2003, at 6:30 p.m. at the filing fees. Conveyance shall be by Quit Claim Carnegie-Stout Public Library Auditorium, 360 th Deed. W. 11 Street, Dubuque, Iowa; and Section 2. The City of Dubuque reserves unto Whereas, it is the determination of this Council itself a perpetual easement including the right of that approval of the Development Agreement for ingress and egress thereto, for the purpose of the sale to and development of the property by erecting, installing, constructing, reconstructing, Vessel Systems, Inc. according to the terms and repairing, owning, operating, and maintaining conditions set out in the attached Development sanitary sewer lines as may be authorized by Agreement is in the public interest of the citizens the City of Dubuque, Iowa as shown on the Plat of the City. of Survey of Lots 21A and 22A of Centre Grove NOW, THEREFORE, BE IT RESOLVED BY in the City of Dubuque, Dubuque County, Iowa. THE CITY COUNCIL OF THE CITY OF Section 3. That the Mayor be authorized and DUBUQUE, IOWA: directed to execute a Quit Claim Deed, and the Section 1.That the attached Development City Clerk be and is hereby authorized and Agreement by and between the City of Dubuque directed to deliver said deed of conveyance to and Vessel Systems, Inc. and the sale of the the Edward J. Zalaznik Trust dated June 15, Property to Vessel Systems, Inc. is hereby 1999, upon receipt of the purchase price in full. approved. Section 4. That the City Clerk be and is hereby Section 2. That the Mayor is hereby authorized authorized and directed to record a certified and directed to execute the Development copy of this resolution in the offices of the City Agreement on behalf of the City and City Clerk Assessor, Dubuque County Recorder and is authorized and directed to attest to his Dubuque County Auditor. signature. nd Passed, approved and adopted this 2 day of Section 3. That the Mayor and City Clerk are June, 2003. hereby authorized and directed to execute and Regular Session, June 2, 2003 171 deliver a Special Warranty Deed for the Property Paving, Division of Mathy Construction of Kieler, as provided in the Development Agreement. Wisconsin, in the amount of $635,720.81 was Section 4. That the City Manager is authorized the lowest bid for the furnishings of all labor and to take such actions as are necessary to comply materials and performing the work as provided with the terms of the Development Agreement for in the plans and specifications. as herein approved. NOW THEREFORE, BE IT RESOLVED BY Passed, approved and adopted this 2nd day of THE CITY COUNCIL OF THE CITY OF June, 2003. DUBUQUE, IOWA: Terrance M. Duggan, Mayor That the contract for the above improvement Attest: Jeanne F. Schneider, City Clerk be awarded to River City Paving, Division of Buol moved adoption of the Resolution. Mathy Construction and the Manager be and is hereby directed to execute a contract on behalf Seconded by Nicholson. Motion carried 7-0. of the City of Dubuque for the complete performance of the work. 2003 (Fiscal Year 2004) Asphalt Paving BE IT FURTHER RESOLVED: Project: Proofs of publication on notice of That upon the signing of said contract and the hearing on plans and specifications and notice approval of the contractor’s bond, the City to bidders on the receipt of bids, and City Treasurer is authorized and instructed to return Manager recommending award of a contract for the bid deposits of the unsuccessful bidders. the 2003 (Fiscal Year 2004) Asphalt Paving nd Passed, approved and adopted this 2 day of Project to River City Paving, a Division of Mathy June, 2003. Construction, in the amount of $635,720.71, Terrance M. Duggan, Mayor presented and read. Nicholson moved that the Attest: Jeanne F. Schneider, CMC, City Clerk proofs and communication be received and filed. Nicholson moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 192-03 Nicholson moved that the rules be reinstated RESOLUTION ADOPTING limiting discussion to the Council. Seconded by PLANS AND SPECIFICATIONS Connors. Motion carried 7-0. th Whereas, on the 30 day of April, 2003, plans, specifications, form of contract and estimated ACTION ITEMS cost were filed with the City Clerk of Dubuque, Iowa for the 2003 Asphalt Paving Project (Fiscal Grand River Center Naming Opportunities: Year 2004). City Manager recommending that naming Whereas, notice of hearing on plans, opportunities be made available for different specifications, form of contract, and estimated spaces at the Grand River Center, the Shot cost was published as required by law. Tower Visitor Center and the Hawthorne Street NOW THEREFORE, BE IT RESOLVED BY Peninsula Water Works Park and approval of THE CITY COUNCIL OF THE CITY OF temporary names for the meeting rooms at the DUBUQUE, IOWA: Grand River Center, presented and read. Cline That the said plans, specifications, form of moved that the communication be received and contract and estimated cost are hereby filed and approved recommendation. Seconded approved as the plans, specifications, form of by Nicholson. Motion carried 7-0. contract and estimated cost for said improvements for said project. Busted Lift Outdoor Service Agreement: City nd Passed, adopted and approved this 2 day of Manager recommending approval of a Lease June, 2003. Agreement Between the City of Dubuque and Terrance M. Duggan, Mayor John Finn for the use of public right of way for Attest: Jeanne F. Schneider, CMC, City Clerk outdoor service at the Busted Lift, presented and Nicholson moved adoption of the Resolution. read. Cline moved that the communication be Seconded by Cline. Motion carried 7-0. received and filed and approved recommendation of Lease Agreement. RESOLUTION NO. 193-03 Seconded by Buol. Motion carried 7-0. AWARDING CONTRACT Whereas, sealed proposals have been Pre-Disaster Mitigation Planning Committee: submitted by contractors for the 2003 ACC Communication of the City Manager to Mayor Paving Project pursuant to Resolution No. 147- Duggan requesting that he make appointments 03 and notice to bidders published in a of city representatives to the Pre-Disaster newspaper published in the City of Dubuque, Mitigation Planning Committee, presented and th Iowa on the 9 day of May, 2003. read. Markham moved that the communication Whereas, said sealed proposals were opened be received and filed and approved nd and read on the 22 day of May, 2003, and it appointments of Council Members Dan has been determined that the bid of River City 172 Regular Session, June 2, 2003 Nicholson and Ann Michalski and staff currently serving. Seconded by Cline. Motion carried 7- 0. Approved:__________________________2003 Budget Reduction Worksession: City Manager requesting City Council direction on a date for Adopted:___________________________2003 the Budget Reduction Worksession, presented and read. Cline moved that a Worksession would be held on this matter on Monday, June ______________________________________ 23, 2003 at 6:00 P.M. at the Library Auditorium. Mayor Seconded by Nicholson. Motion carried 7-0. ______________________________________ PUBLIC INPUT ______________________________________ Tom Ready, President of the Firefighter’s Assn., spoke stating a large number of ______________________________________ firefighters will be in attendance at the budget work session so they might need a larger ______________________________________ meeting room. John Finn spoke in support of the firefighters ______________________________________ and all public safety employees. ______________________________________ At 8:47 P.M. Buol moved to go into Closed Council Members Session re: Pending Litigation – Chapter 21.5(1) (c) 2003 Code of Iowa. Seconded by Markham. Attest: Motion carried 7-0. ______________________________________ At 8:57 P.M. Council reconvened regular City Clerk session. Michalski moved to approve the Diamond Jo Parking Lot indemnity agreement. Seconded by Cline. Motion carried 7-0. There being no further business, Michalski moved to adjourn. Seconded by Cline. Motion carried 7-0. The meeting adjourned at 8:58 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 6/11 Special Session, Municipal Housing Agency, June 16, 2003 173 CITY OF DUBUQUE, IOWA /s/ Jeanne F. Schneider, CMC CITY GOVERNING BOARD City Clerk MUNICIPAL HOUSING AGENCY 1t 6/26 OFFICIAL Approved:__________________________2003 Governing Board of the Municipal Housing Adopted:___________________________2003 Agency, June 16, 2003 Board met at 6:15 P.M. in the Public Library Auditorium ______________________________________ Mayor Present: Chairperson Duggan, Members Buol, Connors, Markham, Michalski, Nicholson, Plein ______________________________________ Absent: Member Cline. ______________________________________ Chairperson Duggan read the call and stated this is a session of the Governing Board of the ______________________________________ Municipal Housing Agency called for the purpose of approving a Mainstream Program ______________________________________ Voucher Application for Section 8 Housing Assistance. ______________________________________ RESOLUTION NO. 194-03 ______________________________________ RESOLUTION APPROVING AN APPLICA- Council Members TION FOR SECTION 8 MAINSTREAM PROGRAM HOUSING VOUCHERS Attest: Whereas, the City of Dubuque Municipal Housing Agency Governing Board has ______________________________________ determined a need for additional assisted City Clerk housing units for the City’s lower income disabled households; and Whereas, the Governing Board has reviewed and considered a Mainstream Program voucher application; and Whereas, this application for additional housing vouchers has been prepared for submittal to the US Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL HOUSING AGENCY GOVERNING BOARD OF THE CITY OF DUBUQUE, IOWA: Section 1. The application is hereby approved for submittal to the US Department of Housing and Urban Development. Section 2. The Chairperson of the Governing Board is hereby authorized to sign the application documents and resulting standard annual contributions contracts. Passed, approved and adopted this 16th day of June, 2003. Terrance M Duggan, Chairperson Attest: Jeanne F Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. There being no further business, Michalski moved to adjourn. Seconded by Connors. Motion carried 7-0. The meeting adjourned at 6:20 P.M. 174 Regular Session, June 16, 2003 presented and read. Buol moved that the DUBUQUE communication be received and filed. Seconded by Markham. Motion carried 6-0. CITY COUNCIL OFFICIAL Notice of Claims/Suits: Michael Bartolotta for PROCEEDINGS towing expense; Linda Boothby for property damage; Gregg Liddle for vehicle damage; City Council, Regular Session, June 16, 2003 Chessica Sanchez for vehicle damage, Council met in Regular Session at 6:30 P.M. in presented and read. Buol moved that the the Library Auditorium claims and suits be referred to the Legal Staff for investigation and report. Seconded by Present: Mayor Duggan, Council Members Markham. Motion carried 6-0. Buol, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Milligen, Corporation Corporation Counsel advising that the Counsel Barry Lindahl. following claim has been referred to Public Entity Absent at Roll Call: Council Member Cline Risk Services of Iowa, the agent for the Iowa who joined the meeting electronically at 6:50 Communities Assurance Pool: Linda Boothby, P.M. presented and read. Buol moved that the communication be received and filed and Mayor Duggan read the call and stated this is concurred. Seconded by Markham. Motion a regular session of the City Council called for carried 6-0. the purpose of discussing such matters which may properly come before the City Council. Corporation Counsel recommending denial of the claim of Susan Breitbach for vehicle damage Invocation was given by Dianne Grace, Pastor and referring her to the Iowa Department of of Immanuel Congregational Church of Christ. Transportation and denial of the claim of Chessica Sanchez for vehicle damage and Proclamations: Homeownership Month (June, referring her to J & E Excavating, presented 2003) received by Jerry Mulert; St. Mark and read. Buol moved that the communications Community Center’s Appreciation Day to the be received and filed and concurred. Seconded Community, received by Karol-Jean Manikkam; by Markham. Motion carried 6-0. and Apples for Students Months (June and July, 2003), received by Karol-Jean Manikkam. Citizen Communications: Communications from citizens regarding the City of Dubuque CONSENT ITEMS budget and possible reductions and communication from Susan and Patrick Meehan Minutes and Reports Submitted: Cable TV thanking Council for the opportunity to share Teleprogramming Commission of 5/6 and 6/3; their concerns about the QHQ rezoning, City Council of 6/2; Historic Preservation presented and read. Buol moved that the Commission of 5/15; Human Rights Commission communications be received and filed. of 5/12; Long Range Planning Advisory Seconded by Markham. Motion carried 6-0. Commission of 5/21; Mechanical Board of 6/4; Zoning Advisory Commission of 6/4; Zoning Community Development Advisory Board of Adjustment of 5/22, presented and Commission: Communication from the read. Buol moved that the minutes be received Community Development Advisory Commission and filed. Seconded by Markham. Motion regarding the potential impact of Fiscal Year carried 6-0. 2004 budget reductions to the City’s community development program, presented and read. Proof of publication of City Council Buol moved that the communication be received proceedings of May 19, 2003, presented and and filed. Seconded by Markham. Motion read. Buol moved that the proof be received carried 6-0. and filed. Seconded by Markham. Motion carried 6-0. Office of the Governor: Communication from Governor Thomas J. Vilsack, dated May 22, Printed Council Proceedings for February and 2003, regarding the Reinventing Government March, 2003, presented and read. Buol moved Bill, presented and read. Buol moved that the that the proceedings be received and filed and communication be received and filed. Seconded approved as printed. Seconded by Markham. by Markham. Motion carried 6-0. Motion carried 6-0. Communication from Governor Thomas J. Finance Director submitting the financial Vilsack, dated June 9, 2003, regarding the reports for the month ending May 31, 2003, Reinventing Government Bill, presented and Regular Session, June 16, 2003 175 read. Buol moved that the communication be Section 1. That the Mayor and Corporation received and filed. Seconded by Markham. Counsel be and they are hereby authorized and Motion carried 6-0. directed to endorse, on behalf of the City Council of the City of Dubuque, Iowa, the Communication of City Manager to Governor attached CEBA Loan Agreement. Vilsack requesting that he veto HF 692 and HF Section 2. That the City Manager be and he is 683 which exclude using funds from the recently hereby authorized to disburse loan funds to passed Federal Stimulus Package to provide Barnstead International from the CEBA program relief to Iowa cities impacted by SF 453, in accordance with the terms and conditions of presented and read. Buol moved that the the executed Agreement. communication be received and filed. Seconded Passed, approved and adopted this 16th day by Markham. Motion carried 6-0. of June, 2003. Terrance M. Duggan, Mayor Iowa Department of Economic Development – Attest: Jeanne F. Schneider, City Clerk Barnstead International: Communication from Buol moved adoption of the Resolution. the Iowa Department of Economic Development Seconded by Markham. Motion carried 6-0. advising that the City’s Community Economic Betterment Account (CEBA) application for City Development Board: Communication from Barnstead International has been approved, Steven R. McCann, City Development presented and read. Buol moved that the Administrator, advising that the City’s voluntary communication be received and filed. Seconded annexation request will be heard by the City by Markham. Motion carried 6-0. Development Board at their July 2003 meeting, presented and read. Buol moved that the City Manager recommending execution of a communication be received and filed. Seconded Community Economic Betterment Loan by Markham. Motion carried 6-0. Agreement (CEBA) of $60,000 to support Barnstead International’s expansion project in Iowa Department of Transportation: Communi- Dubuque, presented and read. Buol moved that cation from the Iowa Department of the communication be received and filed. Transportation advising that control of certain Seconded by Markham. Motion carried 6-0. primary roadways will be transferred to local jurisdictions effective July 1, 2003, presented RESOLUTION NO. 195-03 and read. Buol moved that the communication A RESOLUTION AUTHORIZING THE be received and filed. Seconded by Markham. EXECUTION OF A COMMUNITY ECONOMIC Motion carried 6-0. BETTERMENT ACCOUNT LOAN AGREE- MENT FOR SIXTY THOUSAND DOLLARS Stone Quarry Subdivision – Final Plat: Zoning ($60,000) WITH BARNSTEAD INTER- Advisory Commission recommending approval NATIONAL of the final plat of Stone Quarry Subdivision as Whereas, the Community Economic requested by Schneider Land Surveying / River Betterment Account (CEBA) program has been City Stone Company, presented and read. Buol created by the Iowa Department of Economic moved that the communication be received and Development to assist in the economic filed. Seconded by Markham. Motion carried 6- development efforts of local jurisdictions; and 0. Whereas, on May 15, 2003, the City of RESOLUTION NO. 196-03 Dubuque, Iowa was awarded a sixty thousand RESOLUTION APPROVING THE FINAL PLAT dollar ($60,000) loan/forgivable loan from the OF STONE QUARRY SUBDIVISION IN THE CEBA program by the Iowa Department of COUNTY OF DUBUQUE, IOWA. Economic Development; and Whereas, the City of Dubuque, Iowa desires to Whereas, there has been filed with the City assist Barnstead International in its efforts to Clerk a final plat of Stone Quarry Subdivision; expand its operations in Dubuque and create and new, permanent employment opportunities for Whereas, said final plat provides Lots 1 and 2 local citizens; and with 0 feet of lot frontage, where 50 feet is Whereas, a CEBA Loan Agreement, hereto required; and attached and by this reference made a part Whereas, said final plat has been examined by hereof, is to be executed between the Iowa the Zoning Advisory Commission and had its Department of Economic Development, approval endorsed thereon; and Barnstead International and the City of Whereas, said final plat has been examined by Dubuque, Iowa. the City Council and they find that it conforms to NOW, THEREFORE, BE IT RESOLVED BY the statutes and ordinances relating thereto. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 176 Regular Session, June 16, 2003 NOW THEREFORE, BE IT RESOLVED BY contract with History Pays! for this project in an THE CITY COUNCIL OF THE CITY OF amount not to exceed $27,830.00. th DUBUQUE, IOWA: Passed, approved and adopted this 16day of Section 1. That Section 42-19(b) of the June 2003. Subdivision Regulations is waived to allow Lots Terrance M. Duggan, Mayor 1 and 2 to have 0 feet of frontage, where 50 feet Attest: Jeanne F. Schneider, City Clerk of lot frontage is required. Buol moved adoption of the Resolution. Section 2. That the final plat of Stone Quarry Seconded by Markham. Motion carried 6-0. Subdivision is hereby approved, and the Mayor Plat of Survey – Ham’s Addition: City and City Clerk are hereby authorized and Manager recommending approval of the Plat of directed to endorse the approval of the City of Survey of Lot 1 of 319 and Lot 2 of 319 of Eagle Dubuque, Iowa upon said final plat. th Point or Ham’s Addition in the City of Dubuque, Passed, approved and adopted this 16 day of Iowa, presented and read. Buol moved that the June 2003. communication be received and filed. Seconded Terrance M. Duggan, Mayor by Markham. Motion carried 6-0. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. RESOLUTION NO. 198-03 Seconded by Markham. Motion carried 6-0. RESOLUTION APPROVING PLAT OF SURVEY OF LOT 1 AND LOT 2 OF 319 HAM’S Wynstone Subdivision – Preliminary Plat: ADDITION Zoning Advisory Commission advising that the Whereas, there has been presented to the City preliminary plat of Wynstone Subdivision has Council of the City of Dubuque, Iowa, a plat been approved and is being submitted to the dated June 2, 2003 prepared by IIW Engineers City Council for information only, presented and & Surveyors, P.C. describing Lot 1 and Lot 2 of read. Buol moved that the communication be 319 Ham’s Addition; and received and filed. Seconded by Markham. Whereas, said plat conforms to the laws and Motion carried 6-0. statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY Historical/Architectural Survey – Phase IV THE CITY COUNCIL OF THE CITY OF Consultant Selection: City Manager DUBUQUE, IOWA: recommending approval of Jim Jacobsen of Section 1. That the plat dated June 2, 2003 History Pays! as the consultant to conduct prepared by IIW Engineers & Surveyors, P.C., Phase IV of the architectural/historic survey, relative to the real estate hereinabove described presented and read. Buol moved that the be and the same is hereby approved, and the communication be received and filed. Seconded Mayor and City Clerk be and they are hereby by Markham. Motion carried 6-0. authorized and directed to execute said plat on behalf of the City of Dubuque, Iowa. RESOLUTION NO. 197-03 Section 2. That the City Clerk be and is hereby RESOLUTION APPROVING A CONTRACT authorized and directed to file said plat and FOR PHASE IV NATIONAL REGISTER certified copy of this resolution in the office of NOMINATION AND AMENDMENT PROJECT the Recorder, in and for Dubuque County, Iowa. Whereas, the State Historical Society of Iowa Passed, approved and adopted this 16th day has awarded the City of Dubuque a Certified of June, 2003. Local Government (CLG) grant to conduct the Terrance M. Duggan, Mayor Phase IV National Register Nomination and Attest: Jeanne F. Schneider, CMC, City Clerk Amendment Project; and Buol moved adoption of the Resolution. Whereas, the City Council has budgeted funds Seconded by Markham. Motion carried 6-0. to conduct a Phase IV National Register Nomination and Amendment Project; and Legislative Correspondence: Communication Whereas, the City Council has determined that from Congressman Jim Nussle regarding state this project should be completed concurrently aid provisions included in the Jobs and Growth and with assistance from a qualified consultant. Tax Act, presented and read. Buol moved that NOW THEREFORE, BE IT RESOLVED BY the communication be received and filed. THE CITY COUNCIL OF THE CITY OF Seconded by Markham. Motion carried 6-0. DUBUQUE, IOWA: Section 1. That the City Council does hereby Iowa Department of Public Health Childhood award the contract for the Phase IV National Lead Poisoning Funding: City Manager Register Nomination and Amendment Project to recommending approval of a contract with the Jim Jacobsen of History Pays! of Des Moines, Iowa Department of Public Health for continued Iowa. funding of the Childhood Lead Poisoning Section 2. That the Planning Services Prevention Program (CLPPP) and a renewed Manager is hereby authorized to negotiate a Regular Session, June 16, 2003 177 agreement with the Visiting Nurse Association the U.S. Department of Housing and Urban for services related to the program, presented Development in the amount of $357,660 for and read. Buol moved that the communication cleanup activities in the Port of Dubuque, be received and filed. Seconded by Markham. presented and read. Buol moved that the Motion carried 6-0. communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 199-03 A RESOLUTION AUTHORIZING THE CITY RESOLUTION NO. 200-03 MANAGER OR HIS DESIGNEE TO SIGN A A RESOLUTION AUTHORIZING THE FILING CONTRACT WITH THE IOWA DEPARTMENT OF AN APPLICATION TO THE DEPARTMENT OF PUBLIC HEALTH AND AN AGREEMENT OF HOUSING AND URBAN DEVELOPMENT WITH THE DUBUQUE VISITING NURSE Whereas, the City Council of Dubuque has ASSOCIATION. approved a Master Plan for the Port of Dubuque; Whereas, the City of Dubuque has established and such a local childhood lead poisoning prevention Whereas, the City Council of Dubuque, Iowa is program; and committed to the acquisition and assembly of Whereas, the Iowa Department of Public properties in the Port of Dubuque to implement Health has offered to provide financial support the Master Plan; and for activities relating to the local childhood lead Whereas, the Department of Housing and poisoning prevention program in the City of Urban Development (HUD) has been provided Dubuque; and direction from Congress to assist the City of Whereas, the City of Dubuque will provide Dubuque in the clean-up of properties in the Port environmental and medical case management of of Dubuque, and identified lead poisoned children in addition to Whereas, HUD has invited the City to submit community outreach and education on the an application for Economic Development problem of childhood lead poisoning. Initiative assistance in the amount of $357,660. Whereas, the City of Dubuque must provide NOW, THEREFORE, BE IT RESOLVED BY medical case management for all lead poisoned THE CITY COUNCIL OF THE CITY OF children in the city, and provide community DUBUQUE, IOWA: outreach and education; and Section 1. That the filing of an application for Whereas, the City of Dubuque will enter into $357,660 of HUD Economic Development an agreement with the Dubuque Visiting Nurse Initiative for cleanup activities in the Port of Association to provide medical case Dubuque is hereby approved. management of lead poisoned children and Section 2. That the Mayor is hereby authorized conduct community outreach and education for to execute the application, and execute a the citizens of Dubuque. contract with HUD for $357,600; and the City NOW, THEREFORE, BE IT RESOLVED BY Manager is hereby directed to submit the THE CITY COUNCIL OF THE CITY OF application and contract documents to the DUBUQUE, IOWA: Department of Housing and Urban Development Section 1. That the City of Dubuque, Iowa together with other attachments as may be hereby approves the attached contract between required. the Iowa Department of Public Health and the Passed, approved, and adopted this 16th day City of Dubuque, Iowa. of June, 2003. Section 2. That the attached Memorandum of Terrance M. Duggan, Mayor Understanding by and between the City of Attest: Jeanne F. Schneider, City Clerk Dubuque, Iowa and the Dubuque Visiting Nurse Buol moved adoption of the Resolution. Association is hereby approved. Seconded by Markham. Motion carried 7-0. Section 3. That the City Manager or his designee is hereby authorized and directed to Liquor License Transfer: Request of the execute said contract and agreement on behalf Dubuque County Historical Society to transfer of the City of Dubuque, Iowa. their liquor license from the Ryan House to their Passed, approved and adopted this 16th day parking lot at 350 East Third Street for the Taste of June 2003. of Dubuque event to be held on August 6, 2003, Terrance M. Duggan, Mayor presented and read. Buol moved that the Attest: Jeanne F. Schneider, City Clerk communication be received and filed and Buol moved adoption of the Resolution. request approved. Seconded by Markham. Seconded by Markham. Motion carried 7-0. Motion carried 6-0. Economic Development Initiative Special QHQ Rezoning: City Manager submitting Project Grant Application: City Manager information regarding the QHQ rezoning issue, recommending approval of an Economic presented and read. Buol moved that the Development Initiative (EDI) grant application to 178 Regular Session, June 16, 2003 RESOLUTION NO. 201-03 communication be received and filed. Seconded by Markham. Motion carried 6-0. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Project Concern: Communication from Al DUBUQUE, IOWA: Urbain and Steve Jacobs of Project Concern That the following having complied with the regarding the serious budget problems facing provisions of law relating to the sale of the City of Dubuque, presented and read. Buol Cigarettes within the City of Dubuque, Iowa, be moved that the communication be received and granted a permit to sell Cigarettes and Cigarette filed. Seconded by Markham. Motion carried 6-Papers within said City. 0. 48 RENEWALS 5 Point Mart 5 Point Mart Inc. Visiting Nurse Association: Communication 405 Rhomberg Av th from Nan Colin, VNA Director, thanking the City 16 St Auto Truck Plaza Mulgrew Oil Com. th Council for awarding the Visiting Nurse 1215 E. 16 St Association a Community Partnership Grant to A & B Tap Inc. Carol Meyers provide dental health screening and service to 2600 Dodge St low-income elderly in Dubuque, presented and Aragon Tap Myra Woodman read. Buol moved that the communication be 1103 Iowa St received and filed. Seconded by Markham. Asbury Amoco Foodshop Mulgrew Oil Com. Motion carried 6-0. 3300 Asbury Rd Beecher Co. Inc. Beecher Co. City of Asbury – Voluntary Annexation: 1691 Asbury Rd Notification from the City of Asbury of a public Big 10 Mart Molo Oil Co. hearing to be held June 24, 2003, to consider a 1875 JFK Rd voluntary annexation request from Joel Big 10 Mart Molo Oil Co Callahan, Callahan Construction, Inc., presented 2100 JFK Rd and read. Buol moved that the communication Big 10 Mart Molo Oil Co. th be received and filed. Seconded by Markham. 9 & Central Ave Motion carried 6-0. Bodines Bodines LLC 1445 Central Ave Supreme Court of the United States: Opinion Casey General Store #2421 Casey’s of the Supreme Court of the United States in the Marketing 4003 Peru Rd matter of Fitzgerald, Treasurer of Iowa v. Racing Casey’s General Store #2420 Casey’s Association of Central Iowa, et al. presented and Marketing 2699 Rockdale read. Buol moved that the communication be Cedar Cross Amoco LB Metcalf Inc. received and filed. Seconded by Markham. 1200 Cedar Cross Rd Motion carried 6-0. Dempsey’s/Molly’s Pub & Grub Deborah th Clifford 395 W. 9 St Individual and Aggregate Stop Loss Insurance Cue Master Billiards Marvin Rapp Renewal – Health Plans: City Manager 900 Central Av recommending approval of the renewal proposal Dubuque Discount Gas Dubuque Discount for Fiscal Year 2004 presented by Health Gas 4110 Dodge St Choices for the City’s individual and aggregate Dubuque Inn Dubuque Inn Corp stop loss insurance, presented and read. Buol 3434 Dodge St moved that the communication be received and Family Mart Family Mart Inc. filed and recommendation approved. Seconded 3201 Central Av by Markham. Motion carried 6-0. Hartig Drug # 3 Hartig Drug Co. Inc 2255 JFK Rd Joint Labor Management Health Care Hartig Drug # 4 Hartig Drug Co. Inc Committee Agreement: City Manager 2225 Central Av recommending approval of an amendment to the Hartig Drug # 8 Hartig Drug Co. Inc Joint Labor Management Health Care 1333 Delhi St Committee Agreement which will be in effect Hartig Drug # 2 Hartig Drug Co. Inc. until June 30, 2005, presented and read. Buol 157 Locust St moved that the communication be received and Hill Street Plaza Jim Miller filed and recommendation approved. Seconded 535 Hill St by Markham. Motion carried 6-0. Instant Replay Pamela Arensdorf 1602 Central Av Business Licenses: IOCO Speede Shoppe Iowa Oil Com. 2335 University Av IOCO Speede Shoppe Iowa Oil Com. 3270 Dodge St Regular Session, June 16, 2003 179 IOCO Speede Shoppe Iowa Oil Com. NOW, THEREFORE, BE IT RESOLVED BY 2150 Twin Valley Dr THE CITY COUNCIL OF THE CITY OF Iowa Potato/Produce House / Tobacco World DUBUQUE, IOWA: Iowa Potatoe & Produce House 2600 Dodge St That the Manager be authorized to cause to be K-Mart 4018 K-mart Corp issued the following named applicants a Beer 2600 Dodge St Permit. Knicker’s Saloon Curtis Gerhard CLASS “C” BEER PERMIT 2188 Central Av Rainbo Oil Company Kwik Stop Food+ Loras Amoco Foodshop Mulgrew Oil Co (Sunday Sale) 1401 Central Av 1450 Loras Blvd LB Metcalf, Inc Cedar Cross Amoco+ Midway Hotel/Hoffman House Restr WCB (Sunday Sale) 1200 Cedar Cross Hotel 3100 Dodge St Passed, approved and adopted this 16th day Oky Doky # 1 TFM Co. of June, 2003. st 250 W. 1 St Terrance M. Duggan, Mayor Oky Doky # 2 TFM Co. Attest: Jeanne F. Schneider, CMC, City Clerk nd 51 W. 32 St Buol moved adoption of the Resolution. Oky Doky # 6 TFM Co. Seconded by Markham. Motion carried 6-0. 1250 Iowa St RESOLUTION NO. 203-03 Oky Doky # 21 TFM Co. 2010 Kerper Blvd Whereas, applications for Liquor Licenses Paro Food Mart Sahajanand Entr. Inc. have been submitted to this Council for approval 3200 Central Av and the same have been examined and Phillips/66Arby’s Liberty Station, LLC approved; and 10 S. Main St Whereas, the premises to be occupied by such Plaza 20 Amoco A & T LLC applicants were inspected and found to comply 2600 Dodge St with the State Laws and all City Ordinances Puff n Snuff Molo Oil Com. relevant thereto and they have filed proper 1101 Rhomberg Av bonds. Puff n Snuff Molo Oil Com NOW, THEREFORE, BE IT RESOLVED BY 2013 Central Av THE CITY COUNCIL OF THE CITY OF Ron’s Discount Smokes & Beverage Ctr RKM DUBUQUE, IOWA: LLC 1701 JFK Rd That the Manager be authorized to cause to be Sid’s Beverage Sid’s Beverage issued the following named applicants a Liquor 2727 Dodge St License. Tobacco Outlet Plus # 564 Kwik Trip, Inc. CLASS “C” BEER/LIQUOR LICENSE 66 W. 32n St Creslanes Bowling, Inc. Creslanes Bowling+ Tobacco Outlet Plus # 504 Kwik Trip Inc. (Sunday Sale) 255 S Main St 806 Wacker Dr Plastic Center, Inc. Fischer Lanes+ Walgreens # 06154 Walgreen Co. (Sunday Sale) 880 Locust St 2260 JFK Rd Jyme Lyons Jym’s Bar+ Walgreens; # 377 Walgreen Co. (Sunday Sale) 1700 Central Av 555 JFK Rd DBQ American Legion Post # 6 American Whiskey River Chad Streff Legion #6+(Sunday Sale) 1306 Delhi St 1064 University Av Tom Koch Paul’s Tavern+ th Passed, approved and adopted this day 16 of (Sunday Sale) 176 Locust St June, 2002. Curtis Gerhard Knicker’s Saloon+ Terrance M. Duggan, Mayor (Sunday Sale) 2186 Central Av Attest: Jeanne F. Schneider, CMC, City Clerk Toreros Toreros+ Buol moved adoption of the Resolution. (Sunday Sale) 4031 Pennsylvania Seconded by Markham. Motion carried 6-0. Jumpers Sports Bar Jumpers Sport Bar (1 Day Outdoor Sale) 2600 Dodge St RESOLUTION NO. 202-03 Apple Corp LP Applebee’s Grill/Bar+ Whereas, applications for Beer Permits have (Sunday Sale) 1395 Associates Dr been submitted and filed to this Council for Passed, approved and adopted this 16th day approval and the same have been examined of June, 2003 and approved: and Terrance M. Duggan, Mayor Whereas, the premises to be occupied by Attest: Jeanne F. Schneider, CMC, City Clerk such applicants were inspected and found to Buol moved adoption of the Resolution. comply with the Ordinances of the City and have Seconded by Markham. Motion carried 6-0. filed proper bonds. Extra Work Order – Iowa Department of Transportation US Highway 20 Interim Traffic 180 Regular Session, June 16, 2003 Signal Improvements Project: City Manager term of Gibbs). Applicants: Michael Coty recommending approval to enter into an (Cathedral District), James E. Gibbs (At-Large), agreement with the Iowa Department of Christine Olson (At-Large) and David C. Stuart Transportation for a change order on the US (At-Large). Vote on the appointments was as Highway 20 Interim Traffic Signal Improvements follows: Duggan voted for Coty and Olson; Project for the installation of a four inch interduct Markham voted for Coty and Olson; Michalski for future City fiber optics use, presented and voted for Coty and Stuart; Nicholson voted for read. Buol moved that the communication be Coty and Stuart; Buol voted for Coty and Olson. received and filed and approved Cline – Absent. Connors voted for Coty and recommendation. Seconded by Markham. Olson. Therefore, Michael Coty appointed to the Motion carried 6-0. Cathedral District and Christine Olson appointed for the At-Large position with both terms to BOARDS/COMMISSIONS expire 7/1/06. Applicants are invited to address the Council Investment Oversight Advisory Commission regarding their desire to serve on the following (Two three-year terms to expire 7/1/06 – terms Boards/Commissions: of Lassance and Melendez): Applicants:Paul Civic Center Commission (Two three-year Lassance and Hiram Melendez. Markham terms to expire 6/29/06 – terms of Dolphin and moved that Paul Lassance and Hiram Melendez Fuller): Applicants: Gary Dolphin and Cynthia A. be reappointed to terms to expire 7/1/06. Fuller. Ms. Fuller spoke requesting consideration Seconded by Nicholson. Motion carried 6-0. for reappointment. Library Board of Trustees – Mayor Historic Preservation Commission (One Appointment (Two four-year terms to expire unexpired three-year term for Old Main District 7/1/07 – terms of Lindsay and Lynch). through 7/1/05; One three-year term for Applicants: Alan Avery and Susan Lindsay. Cathedral District through 7/1/06; One three-Mayor Duggan appointed Alan Avery and Susan year term for At-Large through 7/1/06 – term of Lindsay to the Library Board of Trustees for Gibbs): Applicant: David C. Stuart (At-Large). terms to expire 7/1/07. Michalski moved to Mr. Stuart spoke requesting consideration for approve the Mayor’s appointments. Seconded appointment. by Markham. Motion carried 6-0. Long Range Planning Advisory Commission Zoning Advisory Commission (Two three-year (Two three-years terms through 7/1/06 – terms terms to expire 7/1/06 – terms of Hardie and of Neumeister and Stein): Applicants: Dr. Mary Roush) Applicants: Stephen Hardie and Ben Lynn Neumeister and Rick Stein. No one spoke. Roush. Markham moved that Stephen Hardie Park and Recreation Advisory Commission and Ben Roush be reappointed to three year (One three-year term through 6/30/06 – term of terms to expire 7/1/06. Seconded by Buol. Duggan): Applicant:Chuck Duggan. No one Motion carried 6-0. spoke. PUBLIC HEARINGS Appointments to the following Boards / Com- missions: Council Member Cline joined the meeting Community Development Advisory Com-electronically – via telephone at 6:50 P.M. mission (One at-large and one low/moderate income vacancy to expire 2/15/04 and two Michalski moved that the rules be suspended low/moderate income vacancies to expire to allow anyone present to speak. Seconded by 2/15/05). Applicants: Gina Bell (At-Large), Sr. Nicholson. Motion carried 7-0. Paula Maloy, SVM (At-Large), David Shaw (Low/Moderate Income). Vote on the Carey Graybill/Steelegray, Inc.: Proof of appointments was as follows: Duggan voted for publication on notice of hearing to consider Maloy and Shaw. Markham voted for Bell and rezoning property located at 2915 John F. Shaw. Michalski voted for Maloy and Shaw. Kennedy Road from AG Agricultural District to Nicholson voted for Maloy and Shaw. Buol R-1 Single-Family Residential District at the voted for Bell and Shaw. Cline – Absent. request of Carey Graybill/Steelegray, Inc. and Connors voted for Maloy and Shaw. Therefore, Zoning Advisory Commission recommending Sr. Paula Maloy, SVM appointed to an At-Large approval, presented and read. Buol moved that term which will expire 2/15/04 and David Shaw the proof and communication be received and appointed to the Low/Moderate Income Area filed. Seconded by Markham. Motion carried 7- term which will expire 2/15/05. 0. Historic Preservation Commission (One Carey Graybill spoke requesting approval of unexpired three-year term for Old Main District the rezoning. to expire 7/1/03, one three-year term for An Ordinance Amending Appendix A (the Cathedral District to expire 7/1/06, and one Zoning Ordinance) of the City of Dubuque Code three-year term for At-Large to expire 7/1/06 of Ordinances by reclassifying hereinafter Regular Session, June 16, 2003 181 RESOLUTION NO. 204-03 described property located west of 2915 John F. RESOLUTION DISPOSING OF CITY Kennedy Road from AG Agricultural District to INTEREST IN LOT 2 OF 319 OF HAM’S R-1 Single-Family Residential District, presented ADDITION, DUBUQUE, IOWA and read. Whereas, pursuant to resolution and published OFFICIAL PUBLICATION notice of time and place of hearing, published in ORDINANCE NO. 43-03 the Telegraph Herald, a newspaper of general AN ORDINANCE AMENDING APPENDIX A circulation published in the City of Dubuque, (THE ZONING ORDINANCE) OF THE CITY OF Iowa on the 6th day of June, 2003, the City DUBUQUE CODE OF ORDINANCES BY Council of the City of Dubuque, Iowa met on the th RECLASSIFYING HEREINAFTER DESCRI- 16day of June,2003, at 6:30 p.m. in the th BED PROPERTY LOCATED AT WEST OF Public Library Auditorium, 360 West 11 Street, 2915 KENNEDY ROAD FROM AG Dubuque, Dubuque County, Iowa to consider AGRICULTURAL DISTRICT TO R-1 SINGLE- the proposal for the sale of real estate described FAMILY RESIDENTIAL DISTRICT as: NOW, THEREFORE, BE IT ORDAINED BY Lot 2 of 319 of Ham’s Addition, City of Dubuque, THE CITY COUNCIL OF THE CITY OF Dubuque County, Iowa DUBUQUE, IOWA: Whereas, the City Council of the City of Section 1. That Appendix A (The Zoning Dubuque, Iowa overruled any and all objections, Ordinance) of the City of Dubuque Code of oral or written to the proposal to sell such real Ordinances is hereby amended by reclassifying estate. the hereinafter-described property from AG NOW, THEREFORE, BE IT RESOLVED BY Agricultural District to R-1 Single-Family THE CITY COUNCIL OF THE CITY OF Residential District to wit: DUBUQUE, IOWA: Lot 1 of 1 Mineral Lot 455 and Lot 3 Mineral 454 Section 1. That the sale of Lot 2 of 319 of and to the centerline of the adjoining public right-Ham’s Addition in the City of Dubuque, Iowa to of-way, all in the City of Dubuque, Iowa. Randall J. Klauer and the same is hereby Section 2. The foregoing amendment has approved for the sum of $10,000, plus cost of heretofore been reviewed by the Zoning publication and filing fees. Conveyance shall be Advisory Commission of the City of Dubuque, by Quit Claim Deed subject to reservation of Iowa. utility easements. Section 3. This ordinance shall take effect Section 2. That the Mayor be authorized and immediately upon publication, as provided by directed to execute a Quit Claim Deed, and the law. City Clerk be and is hereby authorized and th Passed, approved and adopted this 16 day of directed to deliver said deed of conveyance to June, 2003. Randall J. Klauer upon receipt of the purchase /s/Terrance M. Duggan, Mayor price in full, and payment of publication and filing Attest: /s/Jeanne F. Schneider, CMC, City Clerk fees. Published officially in the Telegraph Herald Section 3. That the City Clerk be and is hereby rd Newspaper the 23 day of June. authorized and directed to record a certified /s/Jeanne F. Schneider, CMC, City Clerk copy of this resolution in the office of the City 1t 6/23 Assessor, Dubuque County Recorder and Buol moved that the requirement that a Dubuque County Auditor. proposed Ordinance be considered and voted Passed, approved and adopted this 16th day on for passage at two Council Meetings prior to of June 2003. the meeting at which it is to be finally passed be Terrance M. Duggan, Mayor suspended and further moved final Attest: Jeanne F. Schneider, CMC, City Clerk consideration and passage of the Ordinance. Markham moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Seconded by Connors. Motion carried 7-0. Sale of City Property – Ham’s Addition: Proof Mediacom Franchise Extension: Proof of of publication on notice of hearing to consider a publication on notice of hearing to consider an request from Randall J. Klauer to purchase of additional short-term extension through Lot 2 of 319 of Ham’s Addition, located on the December 31, 2003 of the existing Mediacom corner of Rhomberg Avenue and Hawthorne cable franchise and side agreements under the Street, and City Manager recommending terms currently in effect and City Manager approval, presented and read. Markham moved recommending approval, presented and read. that the proof and communication be received Buol moved that the proof and communication and filed. Seconded by Connors. Motion be received and filed. Seconded by Markham. carried 7-0. Motion carried 7-0. 182 Regular Session, June 16, 2003 An Ordinance Extending the term of the by Michalski. Motion carried 6-0 with no existing cable franchise agreement and hub site response from Cline. lease of MCCIowa, L.L.C. to December, 2003, presented and read. Sr. Diane Forrester, Regina Thibeau of 530 Sunset Ridge, and Darryl Mills of the Iowa OFFICIAL PUBLICATION Heritage Foundation, all spoke in favor of the ORDINANCE NO. 44-03 granting of the easements. AN ORDINANCE EXTENDING THE TERM OF THE EXISTING CABLE FRANCHISE RESOLUTION NO. 205-03 AGREEMENT AND HUB SITE LEASE OF RESOLUTION DISPOSING OF CITY MCCIOWA, L.L.C. TO DECEMBER 31, 2003. INTEREST IN CERTAIN RIGHTS FOR LOT 1 OF 1 OF GOVERNMENT LOT #1; LOT 1, Whereas, MCCIowa, L.L.C. (Mediacom) is the ROCK CUT SUBDIVISION; AND LOT A OF current holder of a cable services franchise, GOVERNMENT LOT #1, ALL IN SECTION 6, embodied in Ordinance No. 42-81, as modified T88, R3E, IN THE CITY OF DUBUQUE, IOWA by a series of waivers and side agreements, and acquired from TCI of Iowa, Inc. via a transfer Whereas, pursuant to resolution and notice of approved by the Dubuque City Council on June time and place of hearing, published in the 18, 2001; and Telegraph Herald, a newspaper of general Whereas, one of the side agreements is a circulation published in the City of Dubuque, th lease to Mediacom to build and maintain a Iowa on the 6 day of June, 2003, the City network hub on City-owned property located at Council of the City of Dubuque, Iowa met on the th 1585 West Third Street in Dubuque; and 16 day of June, 2003, at 6:30 p.m. in the Public Whereas, the terms of the franchise and of the Library Auditorium, 360 West 11 Street, lease will expire June 30, 2003; and Dubuque, Dubuque County, Iowa to consider Whereas, representatives of the City of the disposal of the City’s interest in certain rights Dubuque and of Mediacom have entered into in the real estate described as: good faith negotiation of terms and conditions Lot 1 of 1 of Government Lot #1; Lot 1, Rock Cut for the renewal of the franchise and the lease. Subdivision; and Lot A of Government Lot #1, all NOW, THEREFORE, BE IT ORDAINED BY in Section 6, T88, R3E, in the City of Dubuque, THE CITY COUNCIL OF THE CITY OF Iowa; and DUBUQUE, IOWA: Whereas, the City Council of the City of Section 1. The term of the cable services Dubuque, Iowa overruled any and all objections, franchise and the term of the lease are hereby oral or written, to the disposal of the City’s extended to December 31, 2003, with all the interest in certain rights in such real estate. rights, privileges and responsibilities apper-NOW, THEREFORE, BE IT RESOLVED BY taining thereunto; and THE CITY COUNCIL OF THE CITY OF Section 2. The City Manager is hereby DUBUQUE, IOWA: authorized to sign and administer the extension Section 1.That the conveyance of certain agreement on behalf of the City of Dubuque. rights in accordance with a letter of agreement Passed, approved and adopted this 16th day and preservation covenant with the Iowa of June, 2003. Department of Natural Resources and the Iowa Terrance M. Duggan, Mayor State Historic Preservation Office for Lot 1 of 1 Attest: Jeanne F. Schneider, City Clerk of Government Lot #1, and Lot 1, Rock Cut Published officially in the Telegraph Herald Subdivision, both in Section 6, T88, R3E, in the newspaper this 23rd day of June, 2003. City of Dubuque, Iowa, which is contingent on Jeanne F. Schneider, City Clerk the receipt of a grant from the Federal 1t 6/23 Recreational Trails Fund,be and the same is Buol moved that the requirement that a hereby approved. proposed Ordinance be considered and voted Section 2. That the conveyance of certain on for passage at two Council Meetings prior to rights in accordance with a deed of conservation the meeting at which it is to be finally passed be easement, a copy of which is attached hereto, suspended and further moved final with the Iowa Natural Heritage Foundation for consideration and passage of the Ordinance. Lot 1 of 1 of Government Lot #1; Lot 1, Rock Cut Seconded by Markham. Motion carried 7-0. Subdivision; and Lot A of Government Lot #1, all in Section 6, T88, R3E, in the City of Dubuque, Easements – Riprow Valley: Proof of Iowa, which is contingent on the receipt of a publication on notice of hearing to consider grant from the National Fish and Wildlife granting two easements on City-owned land at Foundation, be and the same is hereby the Riprow Valley Trailhead and City Manager approved. recommending approval, presented and read. Section 3. That the Mayor be authorized and Markham moved that the proof and directed to execute the letter of agreement and communication be received and filed. Seconded preservation covenant with the Iowa Department Regular Session, June 16, 2003 183 of Natural Resources and the Iowa State approved as the plans, specifications, form of Historic Preservation Office, copies of which are contract and estimated cost for said attached hereto, and the City Clerk be and is improvements for said project. th hereby authorized and directed to deliver said Passed, adopted and approved this 16 day of letter of agreement and preservation covenant in June, 2003. accordance with the grant agreement for the Terrance M. Duggan, Mayor Federal Recreational Trails Fund. Attest: Jeanne F. Schneider, CMC, City Clerk Section 4. That the Mayor is authorized and Buol moved adoption of the Resolution. directed to execute the deed of conservation Seconded by Connors. Motion carried 7-0. easement with the Iowa Natural Heritage RESOLUTION NO. 207-03 Foundation, a copy of which is attached hereto, AWARDING CONTRACT and the City Clerk be and is hereby authorized and directed to deliver said deed of conservation Whereas, sealed proposals have been easement in accordance with the grant submitted by contractors for the West Locust agreement for the National Fish and Wildlife Street Manhole Replacement Project (FY2003) Foundation. pursuant to Resolution No. 172-03 and notice to Section 5. That the City Clerk be and is hereby bidders published in a newspaper published in rd authorized and directed to record a certified the City of Dubuque, Iowa on the 23 day of copy of this resolution, the letter of agreement May, 2003. and preservation covenant with the Iowa Whereas, said sealed proposals were opened th Department of Natural Resources and the Iowa and read on the 5 day of June, 2003, and it has State Historic Preservation Office, and the deed been determined that the bid of Drew Cook & of conservation easement with the Iowa Natural Sons Excavating, Inc. of Dubuque, Iowa, in the Heritage Foundation, in the offices of the City amount of $105,280 was the lowest bid for the Assessor, Dubuque County Recorder and furnishings of all labor and materials and Dubuque County Auditor. performing the work as provided for in the plans th Passed, approved and adopted this 16 day of and specifications. June, 2003. NOW THEREFORE, BE IT RESOLVED BY Terrance M. Duggan, Mayor THE CITY COUNCIL OF THE CITY OF Attest: Jeanne F. Schneider, CMC, City Clerk DUBUQUE, IOWA: Markham moved adoption of the Resolution. That the contract for the above improvement Seconded by Michalski. Motion carried 6-0 (no be awarded to Drew Cook & Sons Excavating, response from Cline). Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of West Locust Manhole Reconstruction Project: Dubuque for the complete performance of the Proofs of publication on notice of hearing on work. plans and specifications and notice to bidders on BE IT FURTHER RESOLVED: the receipt of bids, and City Manager That upon the signing of said contract and the recommending award of the contract for the approval of the contractor’s bond, the City West Locust Manhole Reconstruction Project to Treasurer is authorized and instructed to return Drew Cook & Sons Excavating, Inc. in the the bid deposits of the unsuccessful bidders. th amount of $105,280, presented and read. Buol Passed, approved and adopted this 16 day of moved that the proof and communication be June, 2003. received and filed. Seconded by Connors. Terrance M. Duggan, Mayor Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. RESOLUTION NO. 206-03 Seconded by Connors. Motion carried 7-0. RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Port of Dubuque Landscaping and Recognition Whereas, on the 16th day of June, 2003, Wall: Proofs of publication on notice of hearing plans, specifications, form of contract and on plans and specifications and notice to bidders estimated cost were filed with the City Clerk of on the receipt of bids, and City Manager Dubuque, Iowa for the West Locust Street recommending award of the contract for the Port Manhole Reconstruction Project FY2003. of Dubuque Landscaping Project to Portzen Whereas, notice of hearing on plans and Construction, Inc., in the amount of $71,400 and specifications, form of contract, and estimated rejecting all bids for the Recognition Wall cost was published as required by law. Project, presented and read. Markham moved NOW THEREFORE, BE IT RESOLVED BY that the proof and communication be received THE CITY COUNCIL OF THE CITY OF and filed. Seconded by Michalski. Motion DUBUQUE, IOWA: carried 7-0. That the said plans, specifications, form of contract and estimated cost are hereby 184 Regular Session, June 16, 2003 RESOLUTION NO. 208-03 That all bids for the construction of the Port of RESOLUTION ADOPTING Dubuque Recognition Wall be rejected, the PLANS AND SPECIFICATIONS project be abandoned, and re-bid with a revised th Whereas, on the 14 day of May, 2003, plans, design at a later date. specifications, form of contract and estimated BE IT FURTHER RESOLVED: cost were filed with the City Clerk of Dubuque, That upon the signing of said contract and the Iowa for the Port of Dubuque Sign and approval of the contractor’s bond, the City Landscaping Project. Treasurer is authorized and instructed to return Whereas, notice of hearing on plans, the bid deposits of the unsuccessful bidders. th specifications, form of contract, and estimated Passed, approved and adopted this 16 day of cost was published as required by law. June, 2003. NOW THEREFORE, BE IT RESOLVED BY Terrance M. Duggan, Mayor THE CITY COUNCIL OF THE CITY OF Attest: Jeanne F. Schneider, CMC, City Clerk DUBUQUE, IOWA: Michalski moved adoption of the Resolution. That the said plans, specifications, form of Seconded by Markham. Motion carried 7-0. contract and estimated cost are hereby approved as the plans, specifications, form of Buol moved that the rules be reinstated limiting contract and estimated cost for said discussion to the Council. Seconded by improvements for said project. Markham. Motion carried 7-0. th Passed, adopted and approved this 16 day of ACTION ITEMS June, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Greater Dubuque Development Corporation: Markham moved adoption of the Resolution. Rick Dickinson, Executive Director of the Seconded by Michalski. Motion carried 7-0. Greater Dubuque Development Corporation, to provide a verbal update on the activities of RESOLUTION NO. 209-03 GDDC. Buol moved that the report be received AWARDING CONTRACT and filed. Seconded by Michalski. Motion Whereas, sealed proposals have been carried 6-0 with Cline not responding. submitted by contractors for the Port of Dubuque Sign, Landscaping and Recognition Wall Project Board of Directors – Greater Dubuque pursuant to Resolution No. 169-03 and notice to Development Corporation: Communication from bidders published in a newspaper published in Rick Dickinson, Executive Director of the rd the City of Dubuque, Iowa on the 23 day of Greater Dubuque Development Corporation, May, 2003. requesting appointment of Council Members to Whereas, said sealed proposals were opened the GDDC Board of Directors (currently Council th and read on the 5 day of June, 2003 and it has Member Dan Nicholson and Council Member been determined that the bid of Portzen Pat Cline) and affirming that Mayor Terry Construction, Inc. of Dubuque, Iowa, in the Duggan, City Manager Mike Van Milligen and amount of $71,440.00 was the lowest bid for the Economic Development Director Bill Baum will furnishings of all labor and materials and continue to serve as provided by GDDC’s by- performing the work as provided for in the plans laws, presented and read. Michalski moved that and specifications for the Port of Dubuque Sign the communication be received and filed and and Landscaping Project. reaffirmed the same appointments. Seconded by Whereas, said sealed proposals were opened Connors. Motion carried 7-0. th and read on the 5 day of June, 2003 and it has been determined that the bid of Conlon Dubuque Main Street, Ltd.: Communication Construction, Inc. of Dubuque, Iowa, in the from Bob Felderman, President of the Dubuque amount of $378,000.00 was the lowest bid for Main Street, Ltd. Board of Directors, requesting the furnishings of all labor and materials and Council approval of their new 2020 District Plan, performing the work as provided for in the plans presented and read. Buol moved that the and specifications for the Port of Dubuque Sign, communication be received and filed. Seconded Landscaping and Recognition Wall. by Nicholson. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF `Bob Felderman spoke in support and explained DUBUQUE, IOWA: the expansion. That the contract for the Port of Dubuque Sign RESOLUTION NO. 210-03 and Landscaping Project be awarded to Portzen RESOLUTION APPROVING THE 2020 Construction, Inc. and the Manager be and is DISTRICT PLAN OF DUBUQUE MAIN hereby directed to execute a contract on behalf STREET, LTD. of the City of Dubuque for the complete performance of the work. Regular Session, June 16, 2003 185 Whereas, Dubuque Main Street, Ltd. is the Ice Harbor Road, from First Street to the Third downtown development corporation; and Street Overpass Whereas, the City of Dubuque has a purchase (b) The City Manager shall post signs limiting of services agreement with Dubuque Main motor trucks registered with a gross weight limit Street, Ltd. for downtown development; and exceeding ten thousand (10,000) pounds (5 Whereas, the Dubuque Main Street, Ltd. tons) from operating on the streets designated in Board of Directors and the Main Street Iowa paragraph (a). office have approved the 2020 District Plan to (c) The scheduled fine for a violation of this meet short, medium and long-term objectives. Section shall be Fifty Dollars ($50.00). th NOW THEREFORE, BE IT RESOLVED BY Passed, approved and adopted this 16 day of THE CITY COUNCIL OF THE CITY OF June, 2003. DUBUQUE, IOWA: Terrance M. Duggan, Mayor Section 1. The 2020 District Plan for Dubuque Attest: Jeanne F. Schneider, CMC, City Clerk Main Street, Ltd. is hereby approved. Published officially in the Telegraph Herald th Passed, approved and adopted this 16 day of newspaper this 23rd day of June, 2003. June 2003. Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor 1t 6/23 Attest: Jeanne F. Schneider, City Clerk Buol moved that the requirement that a Buol 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 Street Postings for Five-Ton Load Limit – Main suspended and further moved final Street and Ice Harbor Road: City Manager consideration and passage of the Ordinance. recommending approval of an ordinance Seconded by Markham. Motion carried 6-0 with prohibiting trucks in excess of a registered five-Cline not responding. ton gross weight limit on Main Street from Fifth Street to Ninth Street and Ice Harbor Road, Deer Management Program: City Manager presented and read. Buol moved that the recommending that the City’s Urban Deer communication be received and filed. Seconded Management Plan be continued for the 2003- by Markham. Motion carried 6-0 with Cline not 2004 hunting season, presented and read. responding. Environmental Stewardship Advisory Commission recommending that the City’s An Ordinance Amending Chapter 32, Motor Urban Deer Management Plan be continued for Vehicles and Traffic, the Code of Ordinances of the 2003 season and further recommending the City of Dubuque, Iowa, by enacting a new consideration of development of an ordinance Section 32-163.1 Prohibiting Motor Trucks prohibiting feeding of deer in the City, presented Registered for a Gross Weight Limit Exceeding and read. Michalski moved that the Ten Thousand (10,000) Pounds from Traveling communication be received and filed and on Designated Streets, presented and read. directed Staff to do some research and bring back a report on the possibility of an Ordinance. OFFICIAL PUBLICATION Seconded by Nicholson. Motion carried 7-0. ORDINANCE NO. 45-03 AN ORDINANCE AMENDING CHAPTER 32, Weed Control Policy and Procedures: City MOTOR VEHICLES AND TRAFFIC, THE Manager submitting information regarding the CODE OF ORDINANCES OF THE CITY OF Health Services Department weed procedures DUBUQUE, IOWA, BY ENACTING A NEW and enforcement, presented and read. Buol SECTION 32-163.1 PROHIBITING MOTOR moved that the communication be received and TRUCKS REGISTERED FOR A GROSS filed and referred to Staff to develop a shorter WEIGHT LIMIT EXCEEDING TEN THOUSAND process of enforcement. Seconded by Markham. (10,000) POUNDS FROM TRAVELING ON Motion carried 7-0. DESIGNATED STREETS NOW THEREFORE, BE IT ORDAINED BY Request to Address the Council: Request of THE CITY COUNCIL OF THE CITY OF Jonas Bandy, Vice President of the Dubuque DUBUQUE, IOWA: Professional Firefighters’ Association Local 353, Chapter 32 of The City of Dubuque Code of to address the Council regarding the Fiscal Year Ordinances is amended by adding the following 2004 budget, presented and read. Michalski new Section: Section 32-163.1. Motor Truck moved that the communication be received and Routes Prohibited on Designated Streets filed. Seconded by Connors. Motion carried 7- (a) Motor trucks registered for a gross weight 0. limit exceeding ten thousand (10,000) pounds (5 tons) shall not travel over the following streets: Budget Amendment: City Manager submitting Main Street, from Fifth Street to Ninth Street recommendations for the Fiscal Year 2004 186 Regular Session, June 16, 2003 budget amendment and recommending that a public hearing be set for Wednesday, July 9, Approved:__________________________2002 2003 to consider an amendment to the Fiscal Year 2004 Budget, presented and read. Buol Adopted:___________________________2002 moved that the communication be received and filed. Seconded by Michalski. Motion carried 7- 0. ______________________________________ Mayor RESOLUTION NO. 211-03 RESOLUTION DIRECTING THE CITY CLERK ______________________________________ TO PUBLISH PROPOSED AMENDMENT TO THE FISCAL YEAR 2004 BUDGET AND DATE ______________________________________ OF PUBLIC HEARING Whereas, it is proposed that the City of ______________________________________ Dubuque amend its Fiscal Year 2004 budget; and ______________________________________ Whereas, Section 384.16 of the Code of Iowa stipulates that a public hearing must be held on ______________________________________ such a budget amendment. NOW, THEREFORE, BE IT RESOLVED BY ______________________________________ THE CITY COUNCIL OF THE CITY OF Council Members DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby Attest: authorized and directed to publish notice of public hearing on an amendment to the adopted ______________________________________ budget for the City of Dubuque, Iowa. City Clerk th Passed, approved and adopted this 16 day of June, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 6-0 with no response from Cline. At 8:50 P.M. Buol moved to go into Closed Session re: Pending Litigation – Chapter 21.5(1)(c) 2003 Code of Iowa. Seconded by Connors. Motion carried 7-0. At 9:11 P.M. Council reconvened Regular Session stating that proper direction had been given. There being no further business, Buol moved to adjourn. Seconded by Connors. Motion carried 7-0. The meeting adjourned at 9:12 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 6/26 Special Session, June 23, 2003 187 DUBUQUE Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. CITY COUNCIL OFFICIAL Worksession regarding the Fiscal Year 2004 PROCEEDINGS Budget Amendment and City Manager’s recommended budget reductions. Council City Council, Special Session, Monday, June reviewed the recommended reductions for each 23, 2003 departmental budget and gave staff direction on Council met at 6:00 P.M. in the Public Library various items. Auditorium There being no further business, Buol moved Present: Mayor Duggan, Council Members to adjourn. Seconded by Markham. Motion Buol, Cline, Connors, Markham, Michalski, carried 7-0. The special session adjourned at Nicholson, City Manager Van Milligen, 7:58 p.m. and Council went into closed session Corporation Counsel Lindahl. in accordance with Chapter 20.17(3) of the 2003 Code of Iowa to discuss collective bargaining Mayor Duggan read the call and stated this is strategy. a special session of the City Council called for the purpose of rescinding Resolution No. 92-01 /s/ Jeanne F. Schneider, CMC and discussing the proposed Fiscal Year 2004 City Clerk budget amendment. 1t 7/2 Rescinding of Resolution No. 92-01: City Approved:__________________________2003 Manager recommending that the implementation of Resolution #92-01 which approved the wage Adopted:___________________________2003 plan and compensation package for non- bargaining unit employees for Fiscal Years 2002, 2003 and 2004 be delayed, presented and ______________________________________ read. Buol moved that the communication be Mayor received and filed. Seconded by Markham. Motion carried 7-0. ______________________________________ RESOLUTION NO. 212-03 ______________________________________ DELAYING THE IMPLEMENTATION OF RESOLUTION 92-01 AS IT RELATES TO THE ______________________________________ WAGE PLAN AND COMPENSATION PACKAGE FOR NON-BARGAINING UNIT ______________________________________ EMPLOYEES FOR FISCAL YEAR 2004 UNTIL JULY 10, 2003 ______________________________________ Whereas, on March 6, 2001, the City Council by resolution No. 92-01 approved a wage plan ______________________________________ and compensation package for non-bargaining Council Members unit employees for Fiscal Year 2004; and Whereas, the wage plan and compensation Attest: package takes effect July 1, 2003; and Whereas, it has been recommended by City ______________________________________ Manager Michael C. Van Milligen that there be City Clerk no wage increase in Fiscal Year 2004 for non- bargaining unit employees, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the implementation of Resolution 92-01 as it applies to the Fiscal Year 2004 wage plan and compensation package for non-bargaining unit employees is hereby delayed until July 10, 2003. Passed, approved and adopted this 23rd day of June, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk