2003 October Council Proceedings Regular Session, October 6, 2003 299
DUBUQUE
Notice of Claims/Suits: Amy Ellis for vehicle
damage; Rachel Houselog for vehicle damage;
CITY COUNCIL
Shawn Kohnen for vehicle damage; Kristina
OFFICIAL
Keuter for vehicle damage; James Mess for
PROCEEDINGS
towing expense; Sodarock Properties, LLC vs
Board of Review of the City of Dubuque,
City Council, Regular Session, October 6,
presented and read. Buol moved that the claims
2003
and suits be referred to the Legal Staff for
investigation and report. Seconded by Markham.
Council met in Regular Session at 6:30 P.M.
Motion carried 7-0.
in the Library Auditorium
Present: Mayor Duggan, Council Members
Corporation Counsel advising that the
Buol, Cline, Connors, Markham, Michalski,
following claims have been referred to Public
Nicholson, City Manager Van Milligen,
Entity Risk Services of Iowa, the agent for the
Corporation Counsel Lindahl.
Iowa Communities Assurance Pool: Mary Criss
for personal injury; Charles Miller for personal
Mayor Duggan read the call and stated this is
injury, presented and read. Buol moved that
a regular session of the City Council called for
the communications be received and filed and
the purpose of discussing such matters which
concurred. Seconded by Markham. Motion
may properly come before the City Council.
carried 7-0.
Invocation was given by Dr. Dan Thornton,
Corporation Counsel recommending
Interim Pastor of Third Presbyterian Church.
settlement of the claims of Rachael Houselog for
vehicle damage; Shawn Kohnen for vehicle
Proclamations: White Cane Safety Day
damage, and Paula Martens for property
(October 15, 2003) received by Shirley Conrad;
damage and directing the Finance Department
World Food Prize Week (October 12 – 18, 2003)
to issue proper payment, presented and read.
received by Dick Landis; and Make a Will Month
Buol moved that the communications be
(October, 2003) received by Ken Werth.
received and filed and concurred and Finance
Director to issue proper payments. Seconded
CONSENT ITEMS
by Markham. Motion carried 7-0.
Minutes and Reports Submitted: City Council
Corporation Counsel recommending denial of
of 9/15 and 9/26; Civil Service Commission of
the claim of Amy Ellis for vehicle damage,
7/30 and 9/5; Community Development Advisory
presented and read. Buol moved that the
Commission of 9/3; Downtown Planning
communication be received and filed and
Committee of 8/25 and 9/8; Electrical Code
concurred. Seconded by Markham. Motion
Board of 9/22; Five Flags of 8/18; Historic
carried 7-0.
Preservation Commission of 8/21 and 9/18;
Housing Code Appeals Board of 8/19; Housing
Corporation Counsel recommending that the
Commission Trust Fund Committee of 9/12;
claim of Gary Nauman for vehicle damage be
Long Range Planning Advisory Commission of
referred to the Greyhound Corporate Office,
8/20; Park and Recreation Commission of 9/23;
presented and read. Buol moved that the
Plumbing Board of 9/9; Zoning Advisory
communication be received and filed and
Commission of 9/3; Zoning Board of Adjustment
concurred. Seconded by Markham. Motion
of 8/28, presented and read. Buol moved that
carried 7-0.
the minutes be received and filed. Seconded by
Markham. Motion carried 7-0.
Sodarock Properties, L.L.C. Tax Appeal:
Corporation Counsel submitting a Stipulation of
Proofs of publication of City Council
Settlement of a tax assessment appeal for
Proceedings of August 11, September 2, 3, and
property located at 1607 Wingate Drive,
4, 2003 and List of Claims and Summary of
presented and read. Buol moved that the
Revenues for month ending August 31, 2003,
communication be received and filed and
presented and read. Buol moved that the proofs
approved Stipulation of Settlement. Seconded
be received and filed. Seconded by Markham.
by Markham. Motion carried 7-0.
Motion carried 7-0.
Eagle Food Centers, Inc.: Communication
Printed Council Proceedings for month of July,
from David W. Leifker regarding the closing of
2003, presented and read. Buol moved that the
the Elm Street Eagle’s store, presented and
proceedings be received and filed and approved
read. Buol moved that the communication be
as printed. Seconded by Markham. Motion
received and filed. Seconded by Markham.
carried 7-0.
Motion carried 7-0.
300 Regular Session, October 6, 2003
We hereby certify that the individuals listed on
Notices of filing in the United States the attached sheet have passed this written
Bankruptcy Court for the Northern District of examination and the vacancy for this position
Illinois Eastern Division by Eagle Food Centers, should be made from this list and that this list is
Inc., et al, notices of motion authorizing and good for two (2) years from above date.
approving the retention of Grafe Auction Respectfully submitted,
Company, Inc. as Liquidating Agent; and /s/ Merle Duehr, Chairperson
proposed agenda for September 30, 2003 /s/ Loras Kluesner
hearings, presented and read. Buol moved that /s/ Richard Wertzberger
the communications be received and filed. Civil Service Commission
Seconded by Markham. Motion carried 7-0. ACCOUNT CLERK
Ryan M. Cline Eric M. Amberg
Downtown Comprehensive Plan: Commu-Patrick R. Fitzsimons Rod W. Warnke
nication from Bob Felderman requesting that the Danielle M. Sons Karen S. Ohnesorge
City Council support the implementation of the Gail A. Kuhle Jim H. Kopp
Dubuque Downtown Comprehensive Plan by Carl E. Heidesch Rebecca J. Cullum
placing it in the Top Priority List, presented and Deborah A. Michel Linda T. Goldsmith
read. Buol moved that the communication be Patrick R. Coulthard Stacy A. Banowetz
received and filed. Seconded by Markham. Charles C. Northrup, Jr. Jane M. Link
Motion carried 7-0. Ellen O. Ernst Kelly L. Edmonds
Kristina I. Keck Merilyn C. Tommaro
Citizen Communications: Lisa K. Speth Deanne M. Roussel
Request of David A. Ludovissy and Alan Arzu Mark J. Pitzen Pamela J. Akers
to vacate the Hodgden Street/Steps located Mark C. Westhoff Michelle Y. Scott
between 715 and 787 West Locust, presented Penny S. Roeder Adam J. Miller
and read. Buol moved that the communication Kimberly A. Tsacudakis Sandra R. Spoerl
be received and filed and referred to the City Curran J. Smothers Shawn M. Slight
Manager. Seconded by Markham. Motion Jacklyn A. McCoy Jenna M. Lanser
carried 7-0. Rosemary Hopkins Sharon A. Geers
Request of Damian F. Arensdorf to purchase a Joan L. Frye LouAnn K. Ward
portion of a City street/alley abutting his property Lynn M. Noel Tami L. Lansing
at 2117 Saint Celia Street, presented and read. Kimberly K. Cook Mary J. Gerardy
Buol moved that the communication be received Buol moved that the communication be
and filed and referred to the City Manager. received and filed and made a matter of record.
Seconded by Markham. Motion carried 7-0. Seconded by Markham. Motion carried 7-0.
Communication of Mary Brashaw regarding
the traffic situation around the Washington Flora Pool Painting Project: City Manager
School/Lombard Street area, presented and recommending acceptance of the Flora Pool
read. Buol moved that the communication be Painting Project in the final contract amount of
received and filed and referred to the City $86,175.00, presented and read. Buol moved
Manager. Seconded by Markham. Motion that the communication be received and filed.
carried 7-0. Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 349-03
USS Dubuque: Communication from LTJG
ACCEPTING IMPROVEMENT
Joe Goldsberry of the USS Dubuque, LPD-8
inviting the Mayor and City Council Members to WHEREAS, the contract for the FLORA POOL
take a cruise on the USS Dubuque during Fleet PAINTING PROJECT has been completed and
Week in San Diego, CA on October 4, 2003, the City Manager has examined the work and
presented and read. Michalski moved that the filed his certificate stating that the same has
communication be received and filed. Seconded been completed according to the terms of the
by Nicholson. Motion carried 7-0. contract, plans and specifications and
recommends its acceptance.
Civil Service Commission: Civil Service NOW, THEREFORE, BE IT RESOLVED, BY
Commission submitting the certified list for the THE CITY COUNCIL OF THE CITY OF
position of Account Clerk I, presented and read. DUBUQUE, IOWA:
1. That the recommendation of the City
September 5, 2003 Manager be approved and that said
Honorable Mayor and improvement be and the same is hereby
Members of the City Council accepted.
In accordance with Chapter 400 of the 2003 BE IT FURTHER RESOLVED that the City
Code of Iowa, an examination for the position of Treasurer be and he is hereby directed to pay to
Account Clerk I was given on August 25, 2003. the contractor from the General Fund in amount
Regular Session, October 6, 2003 301
equal to the amount of his contract, less any Arrowhead Storm Sewer Project, and cable
retained percentage provided for therein. franchise fees in amounts equal to the amount
Passed, approved and adopted this 6th day of of his contract, less any retained percentage
October, 2003. provided for therein.
th
Terrance M. Duggan, Mayor Passed, approved and adopted this 6 day of
Attest: Jeanne F. Schneider, City Clerk October, 2003.
Buol moved adoption of the Resolution. Terrance M. Duggan, Mayor
Seconded by Markham. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
RESOLUTION NO. 350-03
Seconded by Markham. Motion carried 7-0.
FINAL ESTIMATE
RESOLUTION NO. 352-03
WHEREAS, the contract for the FLORA POOL
FINAL ESTIMATE
PAINTING PROJECT has been completed and
the Engineer has submitted his final estimate Whereas, the contract for the Port of Dubuque
showing the cost thereof including the cost of Utility Relocation and Extension Project – Phase
estimates, notices and inspection and all III has been completed and the City Engineer
miscellaneous costs; has submitted his final estimate showing the
NOW, THEREFORE, BE IT RESOLVED, BY cost thereof including the cost of estimates,
THE CITY COUNCIL OF THE CITY OF notices and inspection and all miscellaneous
DUBUQUE, IOWA: costs.
Section 1. That the cost of said improvement NOW THEREFORE, BE IT RESOLVED BY
is hereby determined to be $86,175.00, and the THE CITY COUNCIL OF THE CITY OF
said amount shall be paid from the General DUBUQUE, IOWA:
Fund of the City of Dubuque, Iowa. Section 1. That the cost of said improvement
Passed, approved and adopted this 6th day of is hereby determined to be $392,274.94 and the
October, 2003. said amount shall be paid from the Moore
Terrance M. Duggan, Mayor Heights Sanitary Sewer Capital Improvement
Attest: Jeanne F. Schneider, City Clerk Project, General Watermain Construction Fund,
Buol moved adoption of the Resolution. Wallis/Arrowhead Storm Sewer Project, and
Seconded by Markham. Motion carried 7-0. cable franchise fees of the City of Dubuque,
Iowa.
th
Port of Dubuque Utility Extension - Phase III Passed, approved and adopted this 6 day of
Project: City Manager recommending October, 2003.
acceptance of the Port of Dubuque Utility Terrance M. Duggan, Mayor
Extension - Phase III Project as completed by Attest: Jeanne F. Schneider, CMC, City Clerk
Stewart Construction in the final contract amount Buol moved adoption of the Resolution.
of $341,108.64, presented and read. Buol Seconded by Markham. Motion carried 7-0.
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-Peosta Channel/Jaycee Trail Project: City
0. Manager recommending acceptance of the
Peosta Channel/Jaycee Trail Project as
RESOLUTION NO. 351-03
completed by Tschiggfrie Excavating Co., in the
ACCEPTING IMPROVEMENT
final contract amount of $348,927.03, presented
Whereas, the contract for the Port of Dubuque and read. Buol moved that the communication
Utility Relocation and Extension Project – Phase be received and filed. Seconded by Markham.
III has been completed and the City Manager Motion carried 7-0.
has examined the work and filed his certificate
RESOLUTION NO. 353-03
stating that the same has been completed
ACCEPTING IMPROVEMENT
according to the terms of the contract, plans and
specifications and recommends its acceptance. Whereas, the contract for the Dubuque
NOW THEREFORE, BE IT RESOLVED BY Jaycees / Peosta Channel Trail Project has
THE CITY COUNCIL OF THE CITY OF been completed and the City Manager has
DUBUQUE, IOWA: examined the work and filed his certificate
Section 1. That the recommendation of the stating that the same has been completed
City Manager be approved and that said according to the terms of the contract, plans and
improvement be and the same is hereby specifications and recommends its acceptance.
accepted. NOW THEREFORE, BE IT RESOLVED BY
BE IT FURTHER RESOLVED that the City THE CITY COUNCIL OF THE CITY OF
Treasurer be and he is hereby directed to pay to DUBUQUE, IOWA:
the contractor from the Moore Heights Sanitary Section 1. That the recommendation of the
Sewer Capital Improvement Project, General City Manager be approved and that said
Watermain Construction Fund, Wallis /
302 Regular Session, October 6, 2003
improvement be and the same is hereby NOW THEREFORE, BE IT RESOLVED BY
accepted. THE CITY COUNCIL OF THE CITY OF
BE IT FURTHER RESOLVED that the City DUBUQUE, IOWA:
Treasurer be and he is hereby directed to pay to Section 1. That the recommendation of the
the contractor from the Heritage Trail Primary City Manager be approved and that said
Route Capital Improvement budget of the City of improvement be and the same is hereby
Dubuque, Iowa, and the Iowa Department of accepted.
Transportation Recreational Trails Grant in BE IT FURTHER RESOLVED that the City
amounts equal to the amount of his contract, Treasurer be and he is hereby directed to pay to
less any retained percentage provided for the contractor in the amount equal to the amount
therein. of his contract, less any retained percentage
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Passed, approved and adopted this 6 day of provided for therein, and the City shall be
October, 2003. reimbursed in the amount of 30% of said
Terrance M. Duggan, Mayor contract amount from the Dubuque County
Attest: Jeanne F. Schneider, CMC, City Clerk Historical Society and 70% of said contract
Buol moved adoption of the Resolution. amount from the Iowa Department of
Seconded by Markham. Motion carried 7-0. Transportation, TEA-21 Grant.
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Passed, approved and adopted this 6 day of
RESOLUTION NO. 354-03
October, 2003.
FINAL ESTIMATE
Terrance M. Duggan, Mayor
Whereas, the contract for the Dubuque Attest: Jeanne F. Schneider, CMC, City Clerk
Jaycees / Peosta Channel Trail Project has Buol moved adoption of the Resolution.
been completed and the City Engineer has Seconded by Markham. Motion carried 7-0.
submitted his final estimate showing the cost
RESOLUTION NO. 356-03
thereof including the cost of estimates, notices
FINAL ESTIMATE
and inspection and all miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY Whereas, the contract for the Woodward
THE CITY COUNCIL OF THE CITY OF Museum – 2000 Renovations Project, Contract
DUBUQUE, IOWA: No. 3 - Carpentry has been completed and the
Section 1. That the cost of said improvement City Engineer has submitted his final estimate
is hereby determined to be $395,034.03 and the showing the cost thereof including the cost of
said amount shall be paid from the Heritage Trail estimates, notices and inspection and all
Primary Route Capital Improvement budget of miscellaneous costs.
the City of Dubuque, Iowa, and the Iowa NOW THEREFORE, BE IT RESOLVED BY
Department of Transportation Recreational THE CITY COUNCIL OF THE CITY OF
Trails Grant. DUBUQUE, IOWA:
th
Passed, approved and adopted this 6 day of Section 1. That the cost of said improvement
October, 2003. is hereby determined to be $83,069.00 and the
Terrance M. Duggan, Mayor said improvement shall be paid by the City as
Attest: Jeanne F. Schneider, CMC, City Clerk provided therein, and the City shall be
Buol moved adoption of the Resolution. reimbursed in the amount of 30% of said
Seconded by Markham. Motion carried 7-0. contract amount from the Dubuque County
Historical Society and 70% of said contract
Woodward Museum Restoration Project: City amount from the Iowa Department of
Manager recommending acceptance of the Transportation, TEA-21 Grant.
th
Woodward Museum Restoration Project as Passed, approved and adopted this 6 day of
completed by Klauer Construction Company in October, 2003.
the final contract amount of $83,069, presented Terrance M. Duggan, Mayor
and read. Buol moved that the communication Attest: Jeanne F. Schneider, CMC, City Clerk
be received and filed. Seconded by Markham. Buol moved adoption of the Resolution.
Motion carried 7-0. Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 355-03
Railroad Depot Restoration Project: City
ACCEPTING IMPROVEMENT
Manager recommending acceptance of the
Whereas, the contract for the Woodward Railroad Depot Restoration Project – Contract
Museum – 2000 Renovations Project, Contract #7 as completed by Renaissance Restoration,
No. 3 - Carpentry has been completed and the Inc., in the final contract amount of $35,928 and
City Manager has examined the work and filed Contract #8 as completed by Rafoth Sheet
his certificate stating that the same has been Metal, Inc. in the final contract amount of
completed according to the terms of the $99,747, presented and read. Buol moved that
contract, plans and specifications and the communication be received and filed.
recommends its acceptance. Seconded by Markham. Motion carried 7-0.
Regular Session, October 6, 2003 303
RESOLUTION NO. 357-03 RESOLUTION NO. 359-03
ACCEPTING IMPROVEMENT ACCEPTING IMPROVEMENT
Whereas, the contract for the Burlington Whereas, the contract for the Burlington
Northern Railroad Depot Restoration Project, Northern Railroad Depot Restoration Project,
Contract No. 7 – Finish Carpentry has been Contract No. 8 – Roofing has been completed
completed and the City Manager has examined and the City Manager has examined the work
the work and filed his certificate stating that the and filed his certificate stating that the same has
same has been completed according to the been completed according to the terms of the
terms of the contract, plans and specifications contract, plans and specifications and
and recommends its acceptance. recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: DUBUQUE, IOWA:
Section 1. That the recommendation of the Section 1. That the recommendation of the
City Manager be approved and that said City Manager be approved and that said
improvement be and the same is hereby improvement be and the same is hereby
accepted. accepted.
BE IT FURTHER RESOLVED that the City BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to Treasurer be and he is hereby directed to pay to
the contractor in the amount equal to the amount the contractor in the amount equal to the amount
of his contract, less any retained percentage of his contract, less any retained percentage
provided for therein, and the City shall be provided for therein, and the City shall be
reimbursed in the amount of 20% of said reimbursed in the amount of 20% of said
contract amount from the Dubuque County contract amount from the Dubuque County
Historical Society and 80% of said contract Historical Society and 80% of said contract
amount from the Iowa Department of amount from the Iowa Department of
Transportation, TEA-21 Grant. Transportation, TEA-21 Grant.
thth
Passed, approved and adopted this 6 day of Passed, approved and adopted this 6 day of
October, 2003. October, 2003.
Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution. Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0. Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 358-03 RESOLUTION NO. 360-03
FINAL ESTIMATEFINAL ESTIMATE
Whereas, the contract for the Burlington Whereas, the contract for the Burlington
Northern Railroad Depot Restoration Project, Northern Railroad Depot Restoration Project,
Contract No. 7 – Finish Carpentry has been Contract No. 8 – Roofing has been completed
completed and the City Engineer has submitted and the City Engineer has submitted his final
his final estimate showing the cost thereof estimate showing the cost thereof including the
including the cost of estimates, notices and cost of estimates, notices and inspection and all
inspection and all miscellaneous costs. miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: DUBUQUE, IOWA:
Section 1. That the cost of said improvement Section 1. That the cost of said improvement
is hereby determined to be $35,928.00 and the is hereby determined to be $99,747.00.00 and
said improvement shall be paid by the City as the said improvement shall be paid by the City
provided for therein, and the City shall be as provided for therein, and the City shall be
reimbursed in the amount of 20% of said reimbursed in the amount of 20% of said
contract amount from the Dubuque County contract amount from the Dubuque County
Historical Society and 80% of said contract Historical Society and 80% of said contract
amount from the Iowa Department of amount from the Iowa Department of
Transportation, TEA-Grant. Transportation, TEA-21 Grant.
thth
Passed, approved and adopted this 6 day of Passed, approved and adopted this 6 day of
October, 2003. October, 2003.
Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution. Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0. Seconded by Markham. Motion carried 7-0.
304 Regular Session, October 6, 2003
Whereas, DuTrac Community Credit Union
Acceptance of Sanitary Sewer Easement – has executed a conveyance of said property.
John F. Kennedy Road: City Manager NOW THEREFORE, BE IT RESOLVED BY
recommending acceptance of a corrected THE CITY COUNCIL OF THE CITY OF
sanitary sewer easement from Dubuque DUBUQUE, IOWA:
Community School District, presented and read. Section 1. The City Council of the City of
Buol moved that the communication be received Dubuque, Iowa, hereby approves and consents
and filed. Seconded by Markham. Motion to the Warranty Deed from DuTrac Community
carried 7-0. Credit Union, copies of which are attached
hereto, as acquired by Iowa Code Section
RESOLUTION NO. 361-03
569.7.
A RESOLUTION ACCEPTING A SANITARY
Section 2. The Mayor is hereby authorized
SEWER EASEMENT ON A PART OF LOT 2-3-
and directed to execute and acknowledge on
1 OF HELEN E. AND MARY H. STEWART
behalf of the City of Dubuque any instruments in
SUBDIVISION IN THE CITY OF DUBUQUE
connection herewith.
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Whereas, the Dubuque Community School Passed, approved and adopted this 6 day of
District agreed to convey a sanitary sewer October, 2003.
easement on a part of Lot 2-3-1 of Helen E. and Terrance M. Duggan, Mayor
Mary H. Stewart Subdivision, in the City of Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque, Iowa, as shown on the attached Buol moved adoption of the Resolution.
thereof; and Seconded by Markham. Motion carried 7-0.
Whereas, the Dubuque Community School
District has executed an easement for sanitary Alexander Company – Application for Historic
sewer of said property. Tax Credits: City Manager recommending that
NOW THEREFORE, BE IT RESOLVED BY the City endorse The Alexander Company’s
THE CITY COUNCIL OF THE CITY OF applications for National Register certification
DUBUQUE, IOWA: and federal and state historic tax credits for the
Section 1. The City Council of the City of rehabilitation of the Star Brewery Company,
Dubuque, Iowa, hereby approves of, accepts presented and read. Buol moved that the
and consents to the sanitary sewer easement communication be received and filed and
from the Dubuque Community School District, approved recommendation. Seconded by
copies of which are attached hereto, as required Markham. Motion carried 7-0.
by Iowa Code Section 569.7.
Section 2. The Mayor is hereby authorized Iowa Brownfield Redevelopment Program
and directed to execute and acknowledge on Application: City Manager recommending
behalf of the City of Dubuque any instruments in approval of an Iowa Brownfield Development
connection herewith. Program application to the Iowa Department of
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Passed, approved and adopted this 6 day of Economic Development to assist with
October, 2003. environmental remediation of City-owned
Terrance M. Duggan, Mayor property in the Port of Dubuque, presented and
Attest: Jeanne F. Schneider, CMC, City Clerk read. Buol moved that the communication be
Buol moved adoption of the Resolution. received and filed. Seconded by Markham.
Seconded by Markham. Motion carried 7-0. Motion carried 7-0.
RESOLUTION NO. 363-03
Acceptance of Warranty Deed: City Manager
A RESOLUTION ENDORSING THE SUBMIS-
recommending acceptance of a warranty deed
SION OF AN IOWA BROWNFIELD
from DuTrac Community Credit Union for a right-
REDEVELOPMENT PROGRAM APPLICATION
of-way purchase on South Way at Asbury Road,
TO THE IOWA DEPARTMENT OF ECONOMIC
presented and read. Buol moved that the
DEVELOPMENT FOR ENVIRONMENTAL
communication be received and filed. Seconded
REMEDIATION ACTIVITIES IN THE PORT OF
by Markham. Motion carried 7-0.
DUBUQUE.
RESOLUTION NO. 362-03
Whereas, the City of Dubuque is interested in
A RESOLUTION ACCEPTING A CONVEY-
promoting further economic development
ANCE OF PROPERTY ON SOUTH WAY TO
opportunities in the Port of Dubuque area to
THE CITY OF DUBUQUE
retain and attract new job creating businesses to
Whereas, DuTrac Community Credit Union this community; and
agreed to convey Tract A of Lot 1 in Block 1 of `Whereas, the City of Dubuque and its
America’s River
Westchester Subdivision in the City of Dubuque, partners are investing over
Dubuque County, Iowa, as shown on the $188 million in the Port of Dubuque; and
Warranty Deed thereof; and Whereas, petroleum contaminated property in
the Port of Dubuque may hinder further
Regular Session, October 6, 2003 305
investment in and development of key riverfront Whereas, the City of Dubuque has identified
property; and Pyatigorsk Park as an important trailhead facility
Whereas, the Iowa Department of Economic to be developed as part of the Heritage Trail
America’s River
Development, through its Iowa Brownfield Riverfront System and Project;
Redevelopment Program, has monies available and
for the remediation of contaminated properties Whereas, the Iowa Department of
owned by municipalities. Transportation has Federal Recreational Trails
NOW, THEREFORE, BE IT RESOLVED BY Funds for the development of trail-related
THE CITY COUNCIL OF THE CITY OF projects; and
DUBUQUE, IOWA: Whereas, the City of Dubuque has adopted a
Section 1. That the City of Dubuque hereby Comprehensive Plan and a Riverfront Plan that
endorses an application to the Iowa Department include goals for development of trailheads and
of Economic Development for Iowa Brownfield public parks along the Heritage Trail Riverfront
Redevelopment Program funding in the amount System.
of $142,655 to assist in the remediation of NOW THEREFORE, BE IT RESOLVED BY
petroleum contaminated property in the Port of THE CITY COUNCIL OF THE CITY OF
Dubuque. DUBUQUE, IOWA:
Section 2. That the City Manager is authorized Section 1. The Mayor hereby is authorized to
to sign, on behalf of the City Council, an sign this resolution authorizing application to the
application for Iowa Brownfield Redevelopment Iowa Department of Transportation for Federal
Program funding. Recreational Trails Funds for Pyatigorsk Park.
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Passed, approved and adopted this 6 day of Section 2. The Planning Services Manager is
October, 2003. hereby authorized to submit the application to
Terrance M. Duggan, Mayor the Iowa Department of Transportation for
Attest: Jeanne F. Schneider, City Clerk Federal Recreational Trail Funds for Pyatigorsk
Buol moved adoption of the Resolution. Park.
Seconded by Markham. Motion carried 7-0. Section 3. That in the event said application is
approved, the City Council hereby provides its
Thunderbirds’ Contract: City Manager written assurance that the completed project will
recommending approval of the rental agreement be adequately maintained for its intended use
with Dubuque Hockey, Inc. (Thunderbirds) for for a minimum of twenty (20) years following
use of the Five Flags Center for the 2003 – 2004 project completion.
th
season, presented and read. Buol moved that Passed, approved and adopted this 6 day of
the communication be received and filed and October 2003.
approved rental agreement. Seconded by Terrance M. Duggan, Mayor
Markham. Motion carried 7-0. Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Iowa Federal Recreational Trails Program: Seconded by Markham. Motion carried 7-0.
City Manager submitting a letter to the Iowa
Federal Recreational Trails Program in support S. 150 – The Internet Nondiscrimination Act:
of the City of Farley’s request for funding for City Manager recommending approval of the
their Heritage Trail Connection project, submittal of letters to Senator Charles Grassley
presented and read. Buol moved that the and Senator Tom Harkin regarding concerns
communication be received and filed and with S. 150 – The Internet Nondiscrimination
approved. Seconded by Markham. Motion Act, presented and read. Buol moved that the
carried 7-0. communication be received and filed and
approved recommendation. Seconded by
Federal Recreation Trail Grant – Pyatigorsk Markham. Motion carried 7-0.
Park: City Manager recommending approval of
the submission of a Federal Recreational Trails United States Conference of Mayors:
grant application for Pyatigorsk Park to the Iowa Communication from Tom Cochran, Executive
Department of Transportation, presented and Director, the United States Conference of
read. Buol moved that the communication be Mayors, regarding the MTBE (methyl tertiary
received and filed. Seconded by Markham. butyl ether) liability issue, presented and read.
Motion carried 7-0. Buol moved that the communication be received
and filed. Seconded by Markham. Motion
RESOLUTION NO. 364-03
carried 7-0.
RESOLUTION AUTHORIZING A GRANT
City Manager submitting letters to Senator
APPLICATION TO THE IOWA DEPARTMENT
Grassley, Senator Harkin and Representative
OF TRANSPORTATION FOR FEDERAL
Nussle urging them to oppose any amendment
RECREATIONAL TRAILS FUNDS FOR
to the comprehensive energy bill limiting liability
PYATIGORSK PARK
for manufacturers of MTBE, presented and read.
306 Regular Session, October 6, 2003
Buol moved that the communications be Buol moved adoption of the Resolution.
received and filed and approved letters of Seconded by Markham. Motion carried 7-0.
opposition. Seconded by Markham. Motion
RESOLUTION NO. 366-03
carried 7-0.
RESOLUTION AUTHORIZING AND PROVI-
DING FOR THE ISSUANCE OF $2,110,000
General Obligation Bond Sale for Stormwater
GENERAL OBLIGATION BONDS, SERIES
Projects: City Manager recommending approval
2003, AND LEVYING A TAX TO PAY SAID
of the final action for the issuance of the
BONDS
$2,100,000 General Obligation Bonds to support
stormwater projects, presented and read. Buol WHEREAS, the Issuer is duly incorporated,
moved that the communication be received and organized and exists under and by virtue of the
filed. Seconded by Markham. Motion carried 7-laws and Constitution of the State of Iowa; and
0. WHEREAS, the Issuer is in need of funds to pay
costs of the acquisition, construction, and
RESOLUTION NO. 365-03
installation of stormwater and storm sewer utility
RESOLUTION APPOINTING WELLS FARGO
facilities and improvements, including the Carter
BANK IOWA, NATIONAL ASSOCIATION OF
Detention Basin, 32nd Street Detention Basin
DES MOINES, IOWA, TO SERVE AS PAYING
land acquisition, stormwater ditch remediation,
AGENT, BOND REGISTRAR, AND
NPDES compliance activities, and other storm
TRANSFER AGENT, APPROVING THE
sewer, stream bank and detention basin
PAYING AGENT AND BOND REGISTRAR
improvements, an essential corporate purpose,
AND TRANSFER AGENT AGREEMENT AND
and it is deemed necessary and advisable that
AUTHORIZING THE EXECUTION OF THE
General Obligation Bonds in the amount of
AGREEMENT
$2,110,000 be issued for said purpose; and
WHEREAS, pursuant to the provisions of WHEREAS, pursuant to notice published as
Chapter 75 of the Code of Iowa, $2,110,000 required by Section 384.25 of said Code, this
General Obligation Bonds, Series 2003, dated Council has held a public meeting and hearing
October 15, 2003, have been sold at public sale upon the proposal to institute proceedings for
and action should now be taken to provide for the issuance of said Bonds, and the Council is
the maintenance of records, registration of therefore now authorized to proceed with the
certificates and payment of principal and interest issuance of said Bonds; and
in connection with the issuance of the Bonds; WHEREAS, pursuant to the provisions of
and Chapter 75 of the Code of Iowa, the above
WHEREAS, this Council has deemed that the mentioned bonds were heretofore sold at public
services offered by Wells Fargo Bank Iowa, sale and action should now be taken to issue
National Association of Des Moines, Iowa, are said bonds conforming to the terms and
necessary for compliance with rules, regulations, conditions of the best bid received at the
and requirements governing the registration, advertised public sale:
transfer and payment of registered Bonds; and NOW, THEREFORE, BE IT RESOLVED BY
WHEREAS, a Paying Agent, Bond Registrar THE COUNCIL OF THE CITY OF DUBUQUE,
and Transfer Agent Agreement (hereafter IOWA:
"Agreement") has been prepared to be entered Section 1. Definitions. The following terms
into between the City and Wells Fargo Bank shall have the following meanings in this
Iowa, National Association. Resolution unless the text expressly or by
NOW, THEREFORE, BE IT RESOLVED BY necessary implication requires otherwise:
THE CITY COUNCIL OF DUBUQUE, IOWA: ‚
"Authorized Denominations" shall mean
Section 1.That Wells Fargo Bank Iowa,
$5,000 or any integral multiple thereof.
National Association of Des Moines, Iowa, is
‚
"Beneficial Owner" shall mean the person in
hereby appointed to serve as Paying Agent,
whose name such Bond is recorded as the
Bond Registrar and Transfer Agent in
beneficial owner of a Bond by a Participant on
connection with the issuance of $2,110,000
the records of such Participant or such person's
General Obligation Bonds, Series 2003, dated
subrogee.
October 15, 2003.
‚
"Bond Fund" shall mean the fund created in
Section 2. That the Agreement with Wells
Section 3 of this Resolution.
Fargo Bank Iowa, National Association of Des
‚
"Bonds" shall mean $2,110,000 General
Moines, Iowa, is hereby approved and that the
Obligation Bonds, Series 2003, authorized to be
Mayor and Clerk are authorized to sign the
issued by this Resolution.
Agreement on behalf of the City.
‚
"Cede & Co." shall mean Cede & Co., the
th
Passed, approved and adopted this 6 day of
nominee of DTC, and any successor nominee of
October, 2003.
DTC with respect to the Bonds.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Regular Session, October 6, 2003 307
‚of the Bonds hereinafter authorized to be issued,
"Continuing Disclosure Certificate" shall mean
there is hereby levied for each future year the
that certain Continuing Disclosure Certificate
following direct annual tax on all of the taxable
executed by the Issuer and dated the date of
property in Dubuque, Iowa, to-wit:
issuance and delivery of the Bonds, as originally
FISCAL YEAR (JULY 1 TO JUNE 30)
executed and as it may be amended from time
AMOUNT YEAR OF COLLECTION:
to time in accordance with the terms thereof.
$316,921 2004/2005
‚
"Depository Bonds" shall mean the Bonds as
$157,188 2005/2006
issued in the form of one global certificate for
$154,628 2006/2007
each maturity, registered in the Registration
$157,068 2007/2008
Books maintained by the Registrar in the name
$154,348 2008/2009
of DTC or its nominee.
$151,628 2009/2010
‚
"DTC" shall mean The Depository Trust
$153,908 2010/2011
Company, New York, New York, a limited
$155,848 2011/2012
purpose trust company, or any successor book-
$152,428 2012/2013
entry securities depository appointed for the
$153,865 2013/2014
Bonds.
$154,965 2014/2015
‚
"Issuer" and "City" shall mean the City of
$155,765 2015/2016
Dubuque, Iowa.
$156,255 2016/2017
‚
"Participants" shall mean those broker-dealers,
$156,425 2017/2018
banks and other financial institutions for which
$156,265 2018/2019
DTC holds Bonds as securities depository.
$155,765 2019/2020
‚
"Paying Agent" shall mean Wells Fargo Bank
$154,915 2020/2021
Iowa, National Association, or such successor
$153,705 2021/2022
as may be approved by Issuer as provided
$157,125 2022/2023
herein and who shall carry out the duties
(NOTE: For example the levy to be made and
prescribed herein as Issuer's agent to provide
certified against the taxable valuations of
for the payment of principal of and interest on
January 1, 2003, will be collected during the
the Bonds as the same shall become due.
fiscal year commencing July 1, 2004).
‚
"Project Fund" shall mean the fund required to
(b) Resolution to be Filed With County Auditor.
be established by this Resolution for the deposit
A certified copy of this Resolution should be filed
of the proceeds of the Bonds.
with the County Auditor of Dubuque County,
‚
"Rebate Fund" shall mean the fund so defined
Iowa, and said Auditor is hereby instructed in
in and established pursuant to the Tax
and for each of the years as provided, to levy
Exemption Certificate.
and assess the tax hereby authorized in Section
‚
"Registrar" shall mean Wells Fargo Bank Iowa,
2 of this Resolution, in like manner as other
National Association of Des Moines, Iowa, or
taxes are levied and assessed, and such taxes
such successor as may be approved by Issuer
so levied in and for each of the years aforesaid
as provided herein and who shall carry out the
be collected in like manner as other taxes of the
duties prescribed herein with respect to
City are collected, and when collected be used
maintaining a register of the owners of the
for the purpose of paying principal and interest
Bonds. Unless otherwise specified, the
on said Bonds issued in anticipation of said tax,
Registrar shall also act as Transfer Agent for the
and for no other purpose whatsoever.
Bonds.
(c) Additional City Funds Available. Principal
‚
"Representation Letter" shall mean the Blanket
and interest coming due at any time when the
Issuer Letter of Representations executed and
proceeds of said tax on hand shall be insufficient
delivered by the Issuer to DTC.
to pay the same shall be promptly paid when
‚
"Resolution" shall mean this resolution
due from current funds of the City available for
authorizing the Bonds.
that purpose and reimbursement shall be made
‚
"Tax Exemption Certificate" shall mean the
from such special fund in the amounts thus
Tax Exemption Certificate executed by the
advanced.
Treasurer and delivered at the time of issuance
Section 4. Application of Bond Proceeds.
and delivery of the Bonds.
Proceeds of the Bonds other than accrued
‚
"Treasurer" shall mean the City Treasurer or
interest except as may be provided below shall
such other officer as shall succeed to the same
be credited to the Project Fund and expended
duties and responsibilities with respect to the
therefrom for the purposes of issuance. Any
recording and payment of the Bonds issued
amounts on hand in the Project Fund shall be
hereunder.
available for the payment of the principal of or
Section 2. Levy and Certification of Annual
interest on the Bonds at any time that other
Tax; Other Funds to be Used.
funds shall be insufficient to the purpose, in
(a) Levy of Annual Tax. That for the purpose of
which event such funds shall be repaid to the
providing funds to pay the principal and interest
Project Fund at the earliest opportunity. Any
308 Regular Session, October 6, 2003
balance on hand in the Project Fund and not 3.20 85,000 2008
immediately required for its purposes may be 3.20 85,000 2009
invested not inconsistent with limitations 3.20 85,000 2010
provided by law or this Resolution. Accrued 3.40 90,000 2011
interest, if any, shall be deposited in the Bond 3.60 95,000 2012
Fund. 3.75 95,000 2013
Section 5. Investments of Bond Fund 3.90 100,000 2014
Proceeds. All moneys held in the Bond Fund, 4.00 105,000 2015
provided for by Section 3 of this Resolution shall 4.10 110,000 2016
be invested in investments permitted by Chapter 4.20 115,000 2017
12B, Code of Iowa, 2003 (formerly Chapter 452, 4.30 120,000 2018
Code of Iowa, as amended) or deposited in 4.40 125,000 2019
financial institutions which are members of the 4.50 130,000 2020
Federal Deposit Insurance Corporation and the 4.60 135,000 2021
deposits in which are insured thereby and all 4.70 140,000 2022
such deposits exceeding the maximum amount 4.75 150,000 2023
insured from time to time by FDIC or its (b) Redemption. Bonds maturing after June
equivalent successor in any one financial 1, 2013 may be called for redemption by the
institution shall be continuously secured in Issuer and paid before maturity on said date or
compliance with the State Sinking Fund any date thereafter, from any funds regardless
provided under Chapter 12C of the Code of of source, in whole or from time to time in part,
Iowa, 2003, as amended or otherwise by a valid in any order of maturity and within an annual
pledge of direct obligations of the United States maturity by lot. The terms of redemption shall
Government having an equivalent market value. be par, plus accrued interest to date of call.
All such interim investments shall mature before Thirty days' notice of redemption shall be
the date on which the moneys are required for given by first class mail to the registered owner
payment of principal of or interest on the Bonds of the Bond. Failure to give such notice by mail
as herein provided. to any registered owner of the Bonds or any
Section 6. Bond Details, Execution and defect therein shall not affect the validity of any
Redemption. proceedings for the redemption of the Bonds.
(a) Bond Details. General Obligation Bonds, All bonds or portions thereof called for
Series 2003, of the City in the amount of redemption will cease to bear interest after the
$2,110,000, shall be issued pursuant to the specified redemption date, provided funds for
provisions of Sections 384.24 and 384.25 of the their redemption are on deposit at the place of
City Code of Iowa for the aforesaid purpose. payment.
The Bonds shall be designated "GENERAL If selection by lot within a maturity is required,
OBLIGATION BOND, SERIES 2003", be dated the Registrar shall designate the bonds to be
October 15, 2003, and bear interest from the redeemed by random selection of the names of
date thereof, until payment thereof, at the office the registered owners of the entire annual
of the Paying Agent, said interest payable on maturity until the total amount of bonds to be
June 1, 2004, and semiannually thereafter on called has been reached.
the lst day of June and December in each year Section 7. Issuance of Bonds in Book-Entry
until maturity at the rates hereinafter provided. Form; Replacement Bonds.
The Bonds shall be executed by the manual or (a) Notwithstanding the other provisions of this
facsimile signature of the Mayor and attested by Resolution regarding registration, ownership,
the manual or facsimile signature of the Clerk, transfer, payment and exchange of the Bonds,
and impressed or printed with the seal of the unless the Issuer determines to permit the
City and shall be fully registered as to both exchange of Depository Bonds for Bonds in the
principal and interest as provided in this Authorized Denominations, the Bonds shall be
Resolution; principal, interest and premium, if issued as Depository Bonds in denominations of
any, shall be payable at the office of the Paying the entire principal amount of each maturity of
Agent by mailing of a check to the registered Bonds (or, if a portion of said principal amount is
owner of the Bond. The Bonds shall be in the prepaid, said principal amount less the prepaid
denomination of $5,000 or multiples thereof. amount); and such Depository Bonds shall be
The Bonds shall mature and bear interest as registered in the name of Cede & Co., as
follows: nominee of DTC. Payment of semi-annual
Interest Principal Maturity interest for any Depository Bond shall be made
Rate Amount June 1st by wire transfer or New York Clearing House or
3.20% $105,000 2004 equivalent next day funds to the account of
3.20 80,000 2005 Cede & Co. on the interest payment date for the
3.20 80,000 2006 Bonds at the address indicated in or pursuant to
3.20 80,000 2007 the Representation Letter.
Regular Session, October 6, 2003 309
(b) With respect to Depository Bonds, neither (d) If the Issuer determines to provide for the
the Issuer nor the Paying Agent shall have any exchange of Depository Bonds for Bonds in
responsibility or obligation to any Participant or Authorized Denominations, the Issuer shall so
to any Beneficial Owner. Without limiting the notify the Paying Agent and shall provide the
immediately preceding sentence, neither the Registrar with a supply of executed
Issuer nor the Paying Agent shall have any unauthenticated Bonds to be so exchanged.
responsibility or obligation with respect to (i) the The Registrar shall thereupon notify the owners
accuracy of the records of DTC or its nominee or of the Bonds and provide for such exchange,
of any Participant with respect to any ownership and to the extent that the Beneficial Owners are
interest in the Bonds, (ii) the delivery to any designated as the transferee by the owners, the
Participant, any Beneficial Owner or any other Bonds will be delivered in appropriate form,
person, other than DTC or its nominee, of any content and Authorized Denominations to the
notice with respect to the Bonds, (iii) the Beneficial Owners, as their interests appear.
payment to any Participant, any Beneficial (e) Any substitute depository shall be
Owner or any other person, other than DTC or designated in writing by the Issuer to the Paying
its nominee, of any amount with respect to the Agent. Any such substitute depository shall be a
principal of, premium, if any, or interest on the qualified and registered "clearing agency" as
Bonds, or (iv) the failure of DTC to provide any provided in Section 17A of the Securities
information or notification on behalf of any Exchange Act of 1934, as amended. The
Participant or Beneficial Owner. substitute depository shall provide for (i)
The Issuer and the Paying Agent may treat immobilization of the Depository Bonds, (ii)
DTC or its nominee as, and deem DTC or its registration and transfer of interests in
nominee to be, the absolute owner of each Bond Depository Bonds by book entries made on
for the purpose of payment of the principal of, records of the depository or its nominee and (iii)
premium, if any, and interest on such Bond, for payment of principal of, premium, if any, and
the purpose of all other matters with respect to interest on the Bonds in accordance with and as
such Bond, for the purpose of registering such interests may appear with respect to such
transfers with respect to such Bonds, and for all book entries.
other purposes whatsoever (except for the Section 8. Registration of Bonds; Appointment
giving of certain Bondholder consents, in of Registrar; Transfer; Ownership; Delivery; and
accordance with the practices and procedures of Cancellation.
DTC as may be applicable thereto). The Paying (a) Registration. The ownership of Bonds
Agent shall pay all principal of, premium, if any, may be transferred only by the making of an
and interest on the Bonds only to or upon the entry upon the books kept for the registration
order of the Bondholders as shown on the and transfer of ownership of the Bonds, and in
Registration Books, and all such payments shall no other way. Wells Fargo Bank Iowa, National
be valid and effective to fully satisfy and Association is hereby appointed as Bond
discharge the Issuer's obligations with respect to Registrar under the terms of this Resolution and
the principal of, premium, if any, and interest on under the provisions of a separate agreement
the Bonds to the extent so paid. with the Issuer filed herewith which is made a
Notwithstanding the provisions of this Resolution part hereof by this reference. Registrar shall
to the contrary (including without limitation those maintain the books of the Issuer for the
provisions relating to the surrender of Bonds, registration of ownership of the Bonds for the
registration thereof, and issuance in Authorized payment of principal of and interest on the
Denominations), as long as the Bonds are Bonds as provided in this Resolution. All Bonds
Depository Bonds, full effect shall be given to shall be negotiable as provided in Article 8 of the
the Representation Letter and the procedures Uniform Commercial Code and Section 384.31
and practices of DTC thereunder, and the of the Code of Iowa, subject to the provisions for
Paying Agent shall comply therewith. registration and transfer contained in the Bonds
(c) Upon (i) a determination by the Issuer that and in this Resolution.
DTC is no longer able to carry out its functions (b) Transfer. The ownership of any Bond may
or is otherwise determined unsatisfactory, or (ii) be transferred only upon the Registration Books
a determination by DTC that the Bonds are no kept for the registration and transfer of Bonds
longer eligible for its depository services or (iii) a and only upon surrender 1thereof at the office of
determination by the Paying Agent that DTC has the Registrar together with an assignment duly
resigned or discontinued its services for the executed by the holder or his duly authorized
Bonds, the Issuer shall (A) designate a attorney in fact in such form as shall be
satisfactory substitute depository as set forth satisfactory to the Registrar, along with the
below or, if a satisfactory substitute is not found, address and social security number or federal
(B) provide for the exchange of Depository employer identification number of such
Bonds for replacement Bonds in Authorized transferee (or, if registration is to be made in the
Denominations. name of multiple individuals, of all such
310 Regular Session, October 6, 2003
transferees). In the event that the address of Resolution or on, or with respect to, such
the registered owner of a Bond (other than a interest or Bonds. The Paying Agent's obligation
registered owner which is the nominee of the to hold such funds shall continue for a period
broker or dealer in question) is that of a broker equal to two years and six months following the
or dealer, there must be disclosed on the date on which such interest or principal became
Registration Books the information pertaining to due, whether at maturity, or at the date fixed for
the registered owner required above. Upon the redemption thereof, or otherwise, at which time
transfer of any such Bond, a new fully registered the Paying Agent, shall surrender any remaining
Bond, of any denomination or denominations funds so held to the Issuer, whereupon any
permitted by this Resolution in aggregate claim under this Resolution by the Owners of
principal amount equal to the unmatured and such interest or Bonds of whatever nature shall
unredeemed principal amount of such be made upon the Issuer.
transferred fully registered Bond, and bearing (g) Registration and Transfer Fees. The
interest at the same rate and maturing on the Registrar may furnish to each owner, at the
same date or dates shall be delivered by the Issuer's expense, one bond for each annual
Registrar. maturity. The Registrar shall furnish additional
(c) Registration of Transferred Bonds. In all bonds in lesser denominations (but not less than
cases of the transfer of the Bonds, the Registrar the minimum denomination) to an owner who so
shall register, at the earliest practicable time, on requests.
the Registration Books, the Bonds, in Section 9. Reissuance of Mutilated,
accordance with the provisions of this Destroyed, Stolen or Lost Bonds. In case any
Resolution. outstanding Bond shall become mutilated or be
(d) Ownership. As to any Bond, the person in destroyed, stolen or lost, the Issuer shall at the
whose name the ownership of the same shall be request of Registrar authenticate and deliver a
registered on the Registration Books of the new Bond of like tenor and amount as the Bond
Registrar shall be deemed and regarded as the so mutilated, destroyed, stolen or lost, in
absolute owner thereof for all purposes, and exchange and substitution for such mutilated
payment of or on account of the principal of any Bond to Registrar, upon surrender of such
such Bonds and the premium, if any, and mutilated Bond, or in lieu of and substitution for
interest thereon shall be made only to or upon the Bond destroyed, stolen or lost, upon filing
the order of the registered owner thereof or his with the Registrar evidence satisfactory to the
legal representative. All such payments shall be Registrar and Issuer that such Bond has been
valid and effectual to satisfy and discharge the destroyed, stolen or lost and proof of ownership
liability upon such Bond, including the interest thereof, and upon furnishing the Registrar and
thereon, to the extent of the sum or sums so Issuer with satisfactory indemnity and complying
paid. with such other reasonable regulations as the
(e) Cancellation. All Bonds which have been Issuer or its agent may prescribe and paying
redeemed shall not be reissued but shall be such expenses as the Issuer may incur in
cancelled by the Registrar. All Bonds which are connection therewith.
cancelled by the Registrar shall be destroyed Section 10. Record Date. Payments of
and a certificate of the destruction thereof shall principal and interest, otherwise than upon full
be furnished promptly to the Issuer; provided redemption, made in respect of any Bond, shall
that if the Issuer shall so direct, the Registrar be made to the registered holder thereof or to
shall forward the cancelled Bonds to the Issuer. their designated agent as the same appear on
(f) Non-Presentment of Bonds. In the event the books of the Registrar on the 15th day
any payment check representing payment of preceding the payment date. All such payments
principal of or interest on the Bonds is returned shall fully discharge the obligations of the Issuer
to the Paying Agent or if any bond is not in respect of such Bonds to the extent of the
presented for payment of principal at the payments so made. Payment of principal shall
maturity or redemption date, if funds sufficient to only be made upon surrender of the Bond to the
pay such principal of or interest on Bonds shall Paying Agent.
have been made available to the Paying Agent Section 11. Execution, Authentication and
for the benefit of the owner thereof, all liability of Delivery of the Bonds. Upon the adoption of this
the Issuer to the owner thereof for such interest Resolution, the Mayor and Clerk shall execute
or payment of such Bonds shall forthwith cease, and deliver the Bonds to the Registrar, who shall
terminate and be completely discharged, and authenticate the Bonds and deliver the same to
thereupon it shall be the duty of the Paying or upon order of the Purchaser. No Bond shall
Agent to hold such funds, without liability for be valid or obligatory for any purpose or shall be
interest thereon, for the benefit of the owner of entitled to any right or benefit hereunder unless
such Bonds who shall thereafter be restricted the Registrar shall duly endorse and execute on
exclusively to such funds for any claim of such Bond a Certificate of Authentication
whatever nature on his part under this substantially in the form of the Certificate herein
Regular Session, October 6, 2003 311
set forth. Such Certificate upon any Bond
executed on behalf of the Issuer shall be 3. The approving opinion of Ahlers & Cooney,
conclusive evidence that the Bond so P.C., Bond Counsel, concerning the validity and
authenticated has been duly issued under this legality of all the Bonds proposed to be issued.
Resolution and that the holder thereof is entitled Section 12. Right to Name Substitute Paying
to the benefits of this Resolution. Agent or Registrar. Issuer reserves the right to
No Bonds shall be authenticated and delivered name a substitute, successor Registrar or
by the Registrar unless and until there shall Paying Agent upon giving prompt written notice
have been provided the following: to each registered bondholder.
1. A certified copy of the Resolution of Issuer Section 13. Form of Bond. Bonds shall be
authorizing the issuance of the Bonds; printed in substantial compliance with standards
2. A written order of Issuer signed by the proposed by the American Standards Institute
Treasurer of the Issuer directing the substantially in the form as follows:
authentication and delivery of the Bonds to or
upon the order of the Purchaser upon payment
of the purchase price as set forth therein;
312 Regular Session, October 6, 2003
The text of the Bonds to be located thereon at certificate issued is registered in the name of
the item numbers shown shall be as follows: Cede & Co. or such other name as requested by
Item 1, figure 1 = "STATE OF IOWA" an authorized representative of DTC (and any
"COUNTY OF DUBUQUE" payment is made to Cede & Co. or to such other
"CITY OF DUBUQUE" entity as is requested by an authorized
"GENERAL OBLIGATION BOND" representative of DTC), ANY TRANSFER,
"SERIES 2003" PLEDGE OR OTHER USE HEREOF FOR
Item 2, figure 1 = Rate: VALUE OR OTHERWISE BY OR TO ANY
Item 3, figure 1 = Maturity: PERSON IS WRONGFUL inasmuch as the
Item 4, figure 1 = Bond Date: October 15, registered owner hereof, Cede & Co., has an
2003 interest herein.
Item 5, figure 1 = Cusip No.: Bonds maturing after Ju ne 1, 2013 may be
Item 6, figure 1 = "Registered" called for redemption by the Issuer and paid
Item 7, figure 1 = Certificate No. before maturity on said date or any date
Item 8, figure 1 = Principal Amount: $ thereafter, from any funds regardless of source,
Item 9, figure 1 = The City of Dubuque, in whole or from time to time in part, in any order
Iowa, a municipal corporation organized and of maturity and within an annual maturity by lot.
existing under and by virtue of the Constitution The terms of redemption shall be par, plus
and laws of the State of Iowa (the "Issuer"), for accrued interest to date of call.
value received, promises to pay from the source Thirty days' notice of redemption shall be
and as hereinafter provided, on the maturity date given by first class mail to the registered owner
indicated above, to of the Bond. Failure to give such notice by mail
Item 9A, figure 1 = (Registration panel to be to any registered owner of the Bonds or any
completed by Registrar or Printer with name of defect therein shall not affect the validity of any
Registered Owner). proceedings for the redemption of the Bonds.
Item 10, figure 1 = or registered assigns, the All Bonds or portions thereof called for
principal sum of (principal amount written out) redemption will cease to bear interest after the
THOUSAND DOLLARS in lawful money of the specified redemption date, provided funds for
United States of America, on the maturity date their redemption are on deposit at the place of
shown above, only upon presentation and payment.
surrender hereof at the office of Wells Fargo If selection by lot within a maturity is required,
Bank Iowa, National Association, Paying Agent the Registrar shall designate the Bonds to be
of this issue, or its successor, with interest on redeemed by random selection of the names of
said sum from the date hereof until paid at the the registered owners of the entire annual
rate per annum specified above, payable on maturity until the total amount of Bonds to be
June 1, 2004, and semiannually thereafter on called has been reached.
the 1st day of June and December in each year. Ownership of this Bond may be transferred
Interest and principal shall be paid to the only by transfer upon the books kept for such
registered holder of the Bond as shown on the purpose by Wells Fargo Bank Iowa, National
records of ownership maintained by the Association, the Registrar. Such transfer on the
Registrar as of the 15th day preceding such books shall occur only upon presentation and
interest payment date. Interest shall be surrender of this Bond at the office of the
computed on the basis of a 360-day year of Registrar as designated below, together with an
twelve 30-day months. assignment duly executed by the owner hereof
This Bond is issued pursuant to the provisions or his duly authorized attorney in the form as
of Sections 384.24 and 384.25 of the City Code shall be satisfactory to the Registrar. Issuer
of Iowa, for the purpose of paying costs of the reserves the right to substitute the Registrar and
acquisition, construction, and installation of Paying Agent but shall, however, promptly give
stormwater and storm sewer utility facilities and notice to registered bondholders of such
improvements, including the Carter Detention change. All Bonds shall be negotiable as
Basin, 32nd Street Detention Basin land provided in Article 8 of the Uniform Commercial
acquisition, stormwater ditch remediation, Code and Section 384.31 of the Code of Iowa,
NPDES compliance activities, and other storm subject to the provisions for registration and
sewer, stream bank and detention basin transfer contained in the Bond Resolution.
improvements, in conformity to a Resolution of This Bond is a "qualified tax-exempt
the Council of said City duly passed and obligation" designated by the City for purposes
approved. of Section 265(b)(3)(B) of the Internal Revenue
Unless this certificate is presented by an Code of 1986.
authorized representative of The Depository And it is hereby represented and certified that
Trust Company, a limited purpose trust company all acts, conditions and things requisite,
("DTC"), to the Issuer or its agent for registration according to the laws and Constitution of the
of transfer, exchange or payment, and any State of Iowa, to exist, to be had, to be done, or
Regular Session, October 6, 2003 313
to be performed precedent to the lawful issue of for registration of the within Bond, with full power
this Bond, have been existent, had, done and of substitution in the premises.
performed as required by law; that provision has Dated .
been made for the levy of a sufficient continuing (Person(s) executing this Assignment sign(s)
annual tax on all the taxable property within the here)
territory of the Issuer for the payment of the SIGNATURE )
principal and interest of this Bond as the same GUARANTEED)
will respectively become due; that the faith, IMPORTANT - READ CAREFULLY
credit, revenues and resources and all the real The signature(s) to this Power must
and personal property of the Issuer are correspond with the name(s) as written upon the
irrevocably pledged for the prompt payment face of the certificate(s) or bond(s) in every
hereof, both principal and interest; and the total particular without alteration or enlargement or
indebtedness of the Issuer including this Bond, any change whatever. Signature guarantee
does not exceed the constitutional or statutory must be provided in accordance with the
limitations. prevailing standards and procedures of the
IN TESTIMONY WHEREOF, the Issuer by its Registrar and Transfer Agent. Such standards
Council, has caused this Bond to be signed by and procedures may require signature to be
the manual signature of its Mayor and attested guaranteed by certain eligible guarantor
by the manual signature of its City Clerk, with institutions that participate in a recognized
the seal of said City impressed hereon, and to signature guarantee program.
be authenticated by the manual signature of an INFORMATION REQUIRED FOR
authorized representative of the Registrar, Wells REGISTRATION OF TRANSFER
Fargo Bank Iowa, National Association, Des Name of Transferee(s)
Moines, Iowa. Address of Transferee(s)
Item 11, figure 1 = Date of authentication: Social Security or Tax
Item 12, figure 1 = This is one of the Bonds Identification Number of
described in the within mentioned Resolution, Transferee(s)
as registered by Wells Fargo Bank Iowa, Transferee is a(n):
National Association. Individual* Corporation
WELLS FARGO BANK IOWA, NATIONAL Partnership Trust
ASSOCIATION, Registrar *If the Bond is to be registered in the names of
By: multiple individual owners, the names of all such
Authorized Signature owners and one address and social security
Item 13, figure 1 = Registrar and Transfer number must be provided.
Agent: The following abbreviations, when used in the
Wells Fargo Bank Iowa, National Association inscription on the face of this Bond, shall be
Paying Agent: Wells Fargo Bank Iowa, construed as though written out in full according
National Association to applicable laws or regulations:
Wells Fargo Bank Minnesota, N.A. TEN COM - as tenants in common
Corporate Trust Operations TEN ENT - as tenants by the entireties
MAC N9303-121 JT TEN - as joint tenants with right of
P. O. Box 1517 survivorship and not as tenants in common
Minneapolis, MN 55480 IA UNIF TRANS MIN ACT -
SEE REVERSE FOR CERTAIN DEFINITIONS ............Custodian............
Item 14, figure 1 = (Seal) (Cust) (Minor)
Item 15, figure 1 = [Signature Block] under Iowa Uniform Transfers
CITY OF DUBUQUE, IOWA to Minors Act...................
By: (manual signature) (State)
Mayor ADDITIONAL ABBREVIATIONS MAY
ATTEST: ALSO BE USED THOUGH NOT IN THE
By: (manual signature) ABOVE LIST
City Clerk Section 14. Contract Between Issuer and
Item 16, figure 2 = [Assignment Block] Purchaser. This Resolution constitutes a
[Information Required for Registration] contract between said City and the purchaser of
ASSIGNMENT the Bonds.
For value received, the undersigned hereby Section 15. Non-Arbitrage Covenants. The
sells, assigns and transfers unto Issuer reasonably expects and covenants that
____________________ (Social Security or Tax no use will be made of the proceeds from the
Identification No. ) the issuance and sale of the Bonds issued
within Bond and does hereby irrevocably hereunder which will cause any of the Bonds to
constitute and appoint attorney in be classified as arbitrage bonds within the
fact to transfer the said Bond on the books kept meaning of Sections 148(a) and (b) of the
314 Regular Session, October 6, 2003
Internal Revenue Code of the United States, as may be necessary or advisable; (b) comply with
amended, and that throughout the term of the all representations, covenants and assurances
Bonds it will comply with the requirements of contained in the Tax Exemption Certificate,
statutes and regulations issued thereunder. which Tax Exemption Certificate shall constitute
To the best knowledge and belief of the Issuer, a part of the contract between the Issuer and the
there are no facts or circumstances that would owners of the Bonds; (c) consult with bond
materially change the foregoing statements or counsel (as defined in the Tax Exemption
the conclusion that it is not expected that the Certificate); (d) pay to the United States, as
proceeds of the Bonds will be used in a manner necessary, such sums of money representing
that would cause the Bonds to be arbitrage required rebates of excess arbitrage profits
bonds. Without limiting the generality of the relating to the Bonds; (e) file such forms,
foregoing, the Issuer hereby agrees to comply statements and supporting documents as may
with the provisions of the Tax Exemption be required and in a timely manner; and (f) if
Certificate and the provisions of the Tax deemed necessary or advisable by its officers,
Exemption Certificate are hereby incorporated to employ and pay fiscal agents, financial
by reference as part of this Resolution. The advisors, attorneys and other persons to assist
Treasurer is hereby directed to make and insert the Issuer in such compliance.
all calculations and determinations necessary to Section 19. Amendment of Resolution to
complete the Tax Exemption Certificate in all Maintain Tax Exemption. This Resolution may
respects and to execute and deliver the Tax be amended without the consent of any owner of
Exemption Certificate at issuance of the Bonds the Bonds if, in the opinion of bond counsel,
to certify as to the reasonable expectations and such amendment is necessary to maintain tax
covenants of the Issuer at that date. exemption with respect to the Bonds under
Section 16. Severability Clause. If any applicable Federal law or regulations.
section, paragraph, clause or provision of this Section 20. Qualified Tax-Exempt Obligations.
Resolution be held invalid, such invalidity shall For the sole purpose of qualifying the Bonds as
not affect any of the remaining provisions "Qualified Tax-Exempt Obligations" pursuant to
hereof, and this Resolution shall become the Internal Revenue Code of the United States,
effective immediately upon its passage and the Issuer designates the Bonds as qualified tax-
approval. exempt obligations and represents that the
Section 17. Continuing Disclosure. The reasonably anticipated amount of tax-exempt
Issuer hereby covenants and agrees that it will governmental and Code Section 501(c)3
comply with and carry out all of the provisions of obligations which will be issued during the
the Continuing Disclosure Certificate, and the current calendar year will not exceed Ten (10)
provisions of the Continuing Disclosure Million Dollars.
Certificate are hereby incorporated by reference Section 21. Repeal of Conflicting Resolutions
as part of this Resolution and made a part or Ordinances. That all ordinances and
hereof. Notwithstanding any other provision of resolutions and parts of ordinances and
this Resolution, failure of the Issuer to comply resolutions in conflict herewith are hereby
with the Continuing Disclosure Certificate shall repealed.
not be considered an event of default under this PASSED AND APPROVED this 6th day of
Resolution; however, any holder of the Bonds or October, 2003.
Beneficial Owner may take such actions as may Terrance M. Duggan, Mayor
be necessary and appropriate, including seeking Attest: Jeanne F. Schneider, City Clerk
specific performance by court order, to cause Buol moved adoption of the Resolution.
the Issuer to comply with its obligations under Seconded by Markham. Motion carried 7-0.
the Continuing Disclosure Certificate. For
purposes of this section, "Beneficial Owner" Homeownership Assistance Funds (PATH):
means any person which (a) has the power, City Manager recommending approval of an
directly or indirectly, to vote or consent with application to the Federal Home Loan Bank
respect to, or to dispose of ownership of, any (FHLB) for an Affordable Housing Program grant
Bond (including persons holding Bonds through (PATH - Pathways Affordable to
nominees, depositories or other intermediaries), Homeownership) to assist income-qualifying
or (b) is treated as the owner of any Bonds for families to purchase a home, presented and
federal income tax purposes. read. Buol moved that the communication be
Section 18. Additional Covenants, received and filed. Seconded by Markham.
Representations and Warranties of the Issuer. Motion carried 7-0.
The Issuer certifies and covenants with the
RESOLUTION NO. 367-03
purchasers and holders of the Bonds from time
A RESOLUTION AUTHORIZING SPONSOR-
to time outstanding that the Issuer through its
SHIP OF AN APPLICATION TO THE
officers, (a) will make such further specific
FEDERAL HOME LOAN BANK OF DES
covenants, representations and assurances as
Regular Session, October 6, 2003 315
MOINES FOR AFFORDABLE HOUSING
contract, plans and specifications and
PROGRAM FUNDS.
recommends its acceptance.
Whereas, the Federal Home Loan Bank has NOW THEREFORE, BE IT RESOLVED BY
published notice of availability of funds under the THE CITY COUNCIL OF THE CITY OF
Affordable Housing Program; and DUBUQUE, IOWA:
Whereas, local member FHLB lending Section 1. That the recommendation of the
institutions have agreed to submit an application City Manager be approved and that said
for these funds, for a program of improvement be and the same is hereby
homeownership assistance to lower-income accepted.
households; and BE IT FURTHER RESOLVED that the City
Whereas, the City’s Consolidated Plan Treasurer be and he is hereby directed to pay to
promotes the objectives of homeownership the contractor from the General Fund in amount
assistance and stabilization of target equal to the amount of his contract, less any
neighborhoods; and retained percentage provided for therein.
th
Whereas, provision of homeownership Passed, approved and adopted this 6 day of
opportunities to the City’s working families is a October, 2003.
necessary complement to on-going economic Terrance M. Duggan, Mayor
development efforts. Attest: Jeanne F. Schneider, CMC, City Clerk
NOW, THEREFORE, BE IT RESOLVED BY Buol moved adoption of the Resolution.
THE CITY COUNCIL OF THE CITY OF Seconded by Markham. Motion carried 7-0.
DUBUQUE, IOWA.
RESOLUTION NO. 369-03
Section 1. The Mayor is hereby authorized to
FINAL ESTIMATE
execute this resolution in sponsorship of an
application to the Federal Home Loan Bank for Whereas, the contract for the Mississippi
Affordable Housing Program funds, to assist Riverwalk Phase I – River’s Edge Plaza and
lower-income families to purchase homes. Alternate Component has been completed and
Section 2. This resolution shall take effect the City Engineer has submitted his final
immediately. estimate showing the cost thereof including the
Passed, approved and adopted this 6th day of cost of estimates, notices and inspection and all
October, 2003. miscellaneous costs.
Terrance M. Duggan, Mayor NOW THEREFORE, BE IT RESOLVED BY
Attest: Jeanne F. Schneider, City Clerk THE CITY COUNCIL OF THE CITY OF
Buol moved adoption of the Resolution. DUBUQUE, IOWA:
Seconded by Markham. Motion carried 7-0. Section 1. That the cost of said improvement
is hereby determined to be $767,761.20 and the
Voluntary Annexation Request – Kenneth and said amount shall be paid from the General
Maurine Harris: City Manager submitting a Fund.
th
request for voluntary annexation from Kenneth Passed, approved and adopted this 6 day of
and Maurine Harris, presented and read. Buol October, 2003.
moved that the communication be received and Terrance M. Duggan, Mayor
filed. Seconded by Markham. Motion carried 7-Attest: Jeanne F. Schneider, CMC, City Clerk
0. Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Mississippi River’s Edge Plaza and Alternate
Components Project: City Manager Business License Refund: Request of Eagle
recommending acceptance of the Mississippi Food Centers, Inc., 300 South Locust, for a
River’s Edge Plaza and Alternate Components refund of the cigarette license in the amount of
Project as completed by Renaissance $75.00, presented and read. Buol moved that
Construction in the final contract amount of the communication be received and filed and
$767,761.20, presented and read. Buol moved approved refund. Seconded by Markham.
that the communication be received and filed. Motion carried 7-0.
Seconded by Markham. Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 368-03
ACCEPTING IMPROVEMENTRESOLUTION NO. 370-03
Whereas, the contract for the Mississippi NOW, THEREFORE, BE IT RESOLVED BY
Riverwalk Phase I – River’s Edge Plaza and THE CITY COUNCIL OF THE CITY OF
Alternate Component has been completed and DUBUQUE, IOWA:
the City Manager has examined the work and That the following having complied with the
filed his certificate stating that the same has provisions of law relating to the sale of
been completed according to the terms of the Cigarettes within the City of Dubuque, Iowa, be
316 Regular Session, October 6, 2003
granted a permit to sell Cigarettes and Cigarette Café Manna Java, LLC Café Manna Java+
Papers within said City. (Sunday Sale) 269 Main St
NEW CLASS “B” WINE PERMIT
Eagle Country Market Downtown Eagle Inc. Downtown Eagle Inc. Eagle County Market
1800 Elm St 1800 Elm St
Passed, approved and adopted this 6th day of CLASS “E” LIQUOR LICENSE
October, 2003. Downtown Eagle Inc. Eagle Country Market
Terrance M. Duggan, Mayor 1800 Elm St
th
Attest: Jeanne F. Schneider, CMC, City Clerk Passed, approved and adopted this 6 day of
Buol moved adoption of the Resolution. October, 2003.
Seconded by Markham. Motion carried 7-0. Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 371-03
Buol moved adoption of the Resolution.
BEER Seconded by Markham. Motion carried 7-0.
Whereas, applications for Beer Permits have
been submitted and filed to this Council for ITEMS TO BE SET FOR PUBLIC HEARING
approval and the same have been examined
and approved; and Vacating Petition – John F. Kennedy Roadway
Whereas, the premises to be occupied by Easement: City Manager recommending that a
such applicants were inspected and found to public hearing be set for October 20, 2003 to
comply with the Ordinances of the City and have consider a request from Grand View Avenue
filed proper bonds. United Methodist Church to vacate a portion of
NOW, THEREFORE, BE IT RESOLVED BY John F. Kennedy Road easement, presented
THE CITY COUNCIL OF THE CITY OF and read. Cline moved that the communication
DUBUQUE, IOWA: be received and filed. Seconded by Connors.
That the Manager be authorized to cause to be Motion carried 7-0.
issued the following named applicants a Beer
RESOLUTION NO. 373-03
Permit.
RESOLUTION OF INTENT TO DISPOSE OF
CLASS “C” BEER PERMIT
INTEREST AND VACATE A PORTION OF THE
Downtown Eagle Inc. Eagle Country Market+
JOHN F. KENNEDY ROADWAY AND UTILITY
(Sunday Sales) 1800 Elm St
EASEMENT OVER LOT 1 AND LOT 2 OF
Passed, approved and adopted this 6th day of
BARTON RANDLE ADDITION IN THE CITY
October, 2003.
OF DUBUQUE, DUBUQUE COUNTY, IOWA
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, Grand View United Methodist
Buol moved adoption of the Resolution. Church is the current owner of Lot 1 and Lot 2 of
Seconded by Markham. Motion carried 7-0. Barton Randle Addition in the City of Dubuque,
Dubuque County, Iowa; and
RESOLUTION NO. 372-03
Whereas, an unused roadway and utility
Whereas, applications for Liquor Licenses easement is currently platted on said lots; and
have been submitted to this Council for approval Whereas, Grand View United Methodist
and the same have been examined and Church has petitioned to vacate the easement in
approved; and said lots.
Whereas, the premises to be occupied by such NOW THEREFORE, BE IT RESOLVED BY
applicants were inspected and found to comply THE CITY COUNCIL OF THE CITY OF
with the State Laws and all City Ordinances DUBUQUE, IOWA:
relevant thereto and they have filed proper Section 1. That the City of Dubuque intends to
bonds. dispose of its interest and vacate a portion of the
NOW, THEREFORE, BE IT RESOLVED BY John F. Kennedy Road roadway and utility
THE CITY COUNCIL OF THE CITY OF easement over Lot 1 and Lot 2 of Barton Randle
DUBUQUE, IOWA: Addition in the City of Dubuque, as shown on
That the Manager be authorized to cause to be the attached Exhibit A.
issued the following named applicants a Liquor Section 2. That the City Clerk be and is hereby
License. authorized and directed to cause a notice of
CLASS “C” BEER/LIQUOR LICENSE intent to be published as prescribed under
Dog Gone, Inc. Dog House+ Section 364.7 Code of Iowa, 1999 or amended.
th
(Sunday/Outdoor Sale) 1646 Asbury Rd Passed, approved and adopted this 6 day of
James Kohl Grand Tap+ October, 2003.
(Sunday Sale) 802 Central Av Terrance M. Duggan, Mayor
Platinum Hospitality Grand River Center+ Attest: Jeanne F. Schneider, CMC, City Clerk
(Sunday/Outdoor Sale) 500 Bell Cline moved adoption of the Resolution and
SPECIAL CLASS “C” LIQUOR LICENSE set this for Public Hearing on 10/20/03 at a
Regular Session, October 6, 2003 317
meeting to commence at 6:30 P.M. in the public Loan Notes to evidence the obligations of the
library auditorium and that the City Clerk publish City thereunder for an essential corporate
notice in the manner prescribed by law. purpose of the City, the proceeds of which will
Seconded by Connors. Motion carried 7-0. be used to pay costs of aiding in the planning,
undertaking and carrying out of urban renewal
Economic Development Grant – Adams project activities under the authority of Chapter
Company: City Manager recommending that a 403 of the Iowa Code and the Amended and
public hearing be set for October 20, 2003 to Restated Urban Renewal Plan for the Dubuque
consider the issuance of not to exceed $500,000 Industrial Center Economic Development
in General Obligation Capital Loan Notes to District, including those costs associated with
support the Adams Company expansion project the funding of an economic development grant
at the Dubuque Industrial Center West, to the Adams Company under the Development
presented and read. Cline moved that the Agreement dated May 19, 2003 between the
communication be received and filed. Seconded City and said developer.
by Connors. Motion carried 7-0. Section 2. That the Clerk is hereby directed to
cause at least one publication to be made of a
RESOLUTION NO. 374-03
notice of said meeting, in a legal newspaper,
RESOLUTION FIXING DATE FOR A MEETING
printed wholly in the English language,
ON THE AUTHORIZATION OF A LOAN
published at least once weekly, and having
AGREEMENT AND THE ISSUANCE OF NOT
general circulation in said City, said publication
TO EXCEED $500,000 GENERAL
to be not less than ten clear days before the
OBLIGATION CAPITAL LOAN NOTES OF
date of said public meeting on the issuance of
DUBUQUE, IOWA, AND PROVIDING FOR
said Notes.
PUBLICATION OF NOTICE THEREOF
Section 3. The notice of the proposed action
WHEREAS, it is deemed necessary and shall be in substantially the following form:
advisable that the City of Dubuque, Iowa, should NOTICE OF MEETING OF THE CITY
provide for the authorization of a Loan COUNCIL OF THE CITY OF DUBUQUE, IOWA,
Agreement and the issuance of General ON THE MATTER OF THE PROPOSED
Obligation Capital Loan Notes to the amount of AUTHORIZATION OF A LOAN AGREEMENT
not to exceed $500,000, as authorized by AND THE ISSUANCE OF NOT TO EXCEED
Sections 384.24, 384.24A and 384.25, Code of $500,000 GENERAL OBLIGATION CAPITAL
Iowa, as amended, for the purpose of providing LOAN NOTES (FOR AN ESSENTIAL
funds to pay costs of carrying out an essential CORPORATE PURPOSE) AND THE PUBLIC
corporate purpose project as hereinafter HEARING ON THE AUTHORIZATION AND
described; and ISSUANCE THEREOF
WHEREAS, the Loan Agreement and Notes PUBLIC NOTICE is hereby given that the
shall be payable from the Debt Service Fund but Council of the City of Dubuque, Iowa, will hold a
th
will be subject to abatement from other available public hearing on the 20 day of October, 2003,
revenue sources; and at 6:30 o'clock P.M., in the Auditorium,
WHEREAS, before a Loan Agreement may be Carnegie-Stout Public Library, Dubuque, Iowa,
authorized and General Obligation Capital Loan at which meeting the Council proposes to take
Notes issued to evidence the obligation of the additional action for the authorization of a Loan
City thereunder, it is necessary to comply with Agreement and the issuance of not to exceed
the provisions of the City Code of Iowa, as $500,000 General Obligation Capital Loan Notes
amended, and to publish a notice of the for an essential corporate purpose of the City, in
proposal and of the time and place of the order to pay costs of aiding in the planning,
meeting at which the Council proposes to take undertaking and carrying out of urban renewal
action for the authorization of the Loan project activities under the authority of Chapter
Agreement and Notes and to receive oral and/or 403 of the Iowa Code and the Amended and
written objections from any resident or property Restated Urban Renewal Plan for the Dubuque
owner of the City to such action and the right to Industrial Center Economic Development
petition for an election. District, including those costs associated with
NOW, THEREFORE, BE IT RESOLVED BY the funding of an economic development grant
THE CITY COUNCIL OF THE CITY OF to the Adams Company under the Development
DUBUQUE, IOWA: Agreement dated May 19, 2003 between the
Section 1. That this Council meet in the City and said developer. Principal and interest
Auditorium, Carnegie-Stout Public Library, on the proposed Loan Agreement will be
th
Dubuque, Iowa, at 6:30 o'clock P.M., on the 20 payable from the Debt Service Fund, subject to
day of October, 2003, for the purpose of taking abatement from other available revenue
action on the matter of the authorization of a sources.
Loan Agreement and the issuance of not to At any time before the date of said meeting, a
exceed $500,000 General Obligation Capital petition asking that the question of entering into
318 Regular Session, October 6, 2003
a loan agreement and issuing such Notes be Tunnel Easement Agreement for construction of
submitted to the legal voters of the City, may be said tunnel should be approved.
filed with the Clerk of the City in the manner NOW THEREFORE, BE IT RESOLVED BY
provided by Section 362.4 of the City Code of THE CITY COUNCIL OF THE CITY OF
Iowa pursuant to Section 384.24(3)(q) of the City DUBUQUE, IOWA:
Code of Iowa. Section 1. That the City of Dubuque, Iowa,
At the above meeting the Council shall receive intends to issue a Grant of Easement for the
oral or written objections from any resident or construction of a tunnel under Central Avenue,
thth
property owner of the City, to the above action. between 13 and 14 Streets; and
After all objections have been received and Section 2. That the conveyance of the
considered, the Council will at this meeting or at Easement to Dubuque Bank & Trust be
any adjournment thereof, take additional action contingent upon the payment of one dollar
for the authorization of a Loan Agreement and ($1.00), plus platting, publication, and filing fees.
the issuance of Notes to evidence the obligation Section 3. That the conveyance of said
of the City thereunder or will abandon the easement also be contingent upon Dubuque
proposal. Bank & Trust’s receipt of a construction permit
This Notice is given by order of the Council of from the Iowa Department of Transportation.
Dubuque, Iowa, as provided by Sections Section 4. That the City of Dubuque reserves
384.24(3)(q), 384.24A and 384.25 of the City unto itself the perpetual right for the purpose of
Code of Iowa, as amended. erecting, installing, constructing, reconstructing,
Dated this ____ day of ________, 2003. maintaining, owning, operating and repairing
City Clerk of Dubuque, Iowa sewer, drainage, gas, telephone, t.v. cable, and
(End of Notice) electric lines above or below said tunnel as such
PASSED AND APPROVED this 6th day of utilities would not interfere with the existence of
October, 2003. the tunnel.
Terrance M. Duggan, Mayor Section 5. That the City Clerk be and is hereby
Attest: Jeanne F. Schneider, City Clerk directed to cause a Notice of Intent to dispose of
Cline moved adoption of the Resolution and a portion of the City’s interest in said real estate
set the date of Public Hearing as 10/20/03 at a by a Tunnel Easement Agreement for the
meeting to commence at 6:30 P.M. in the public construction of a tunnel, to be published in the
library auditorium and that the City Clerk publish manner as described by law.
th
notice in the manner prescribed by law. Passed, approved and adopted this 6 day of
Seconded by Connors. Motion carried 7-0. October, 2003.
Terrance M. Duggan, Mayor
Dubuque Bank and Trust Tunnel Easement: Attest: Jeanne F. Schneider, CMC, City Clerk
City Manager recommending that a public Cline moved adoption of the Resolution and
hearing be set for October 20, 2003 to consider set this for public hearing on 10/20/03 at a
a request from Dubuque Bank and Trust to enter meeting to commence at 6:30 P.M. in the public
into a tunnel easement agreement to construct a library auditorium and that the City Clerk publish
tunnel within the public right-of-way of Central notice in the manner prescribed by law.
Avenue, presented and read. Cline moved that Seconded by Connors. Motion carried 7-0.
the communication be received and filed.
PUBLIC HEARINGS
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 375-03
Buol moved that the rules be suspended to
RESOLUTION OF INTENT TO DISPOSE OF A
allow anyone present to speak. Seconded by
PORTION OF THE CITY’S INTEREST UNDER
Michalski. Motion carried 7-0.
A PORTION OF CENTRAL AVENUE
THTH
BETWEEN 13 AND 14 STREETS IN THE
Vacating Petition – South Way at Asbury
CITY OF DUBUQUE
Road: Proof of publication on notice of hearing
Whereas, Dubuque Bank & Trust desires to to consider a request from Clarence P. Pfohl to
construct a tunnel between its two building vacate a portion of South Way at Asbury Road
locations on the east and west side of Central and City Manager recommending approval,
thth
Avenue between 13 and 14 Streets; and presented and read. Markham moved that the
Whereas, construction plans have been proof and communication be received and filed.
submitted to the City and have been approved Seconded by Michalski. Motion carried 7-0.
by the Building Services Department and the Don Pfohl, 1895 Bennett, spoke in support of
Planning Service Department; and the disposition.
Whereas, the City Council of the City of
RESOLUTION NO. 376-03
Dubuque, Iowa, has determined that this
RESOLUTION DISPOSING OF CITY
underground portion of Central Avenue is not
INTEREST IN LOT 1A OF PART OF SOUTH
required for public use, and the request for a
Regular Session, October 6, 2003 319
WAY IN BLOCK 10 IN WESTCHESTER
Subordination Agreement – Premier Bank:
SUBDIVISION IN THE CITY OF DUBUQUE,
Proof of publication on notice of hearing to
IOWA
consider approval of a Subordination Agreement
Whereas, pursuant to resolution and published with Premier Bank related to the City’s mortgage
notice of time and place of hearing, published in interest in property located at 101 – 123 Main
the Telegraph Herald, a newspaper of general Street and City Manager recommending
circulation published in the City of Dubuque, approval, presented and read. Markham moved
th
Iowa on this 19 day of September, 2003, the that the proof and communication be received
City Council of the City of Dubuque, Iowa met on and filed. Seconded by Connors. Motion
th
the 6 day of October, 2003, at 6:30 p.m. in the carried 7-0.
Public Library Auditorium, 360 West 11 Street,
RESOLUTION NO. 377-03
Dubuque, Dubuque County, Iowa to consider
RESOLUTION AUTHORIZING A SUBOR-
the proposal for the sale of real estate described
DINATION AGREEMENT IN REGARD TO A
as:
MORTGAGE INTEREST IN CITY LOT 80 AND
Lot 1A of Part of South Way in Block 10 in
THE SOUTH 1 AND 5/12 FEET OF LOT 79 IN
Westchester Subdivision in the City of Dubuque,
THE CITY OF DUBUQUE, DUBUQUE
Iowa
COUNTY, IOWA
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections, Whereas, pursuant to Resolution No. 328-03
oral or written to the proposal to sell such real and published notice of time and place of
estate, except for easement as noted. hearing, the City Council of the City of Dubuque,
NOW, THEREFORE, BE IT RESOLVED BY Iowa, met on October 6, 2003, to consider the
THE CITY COUNCIL OF THE CITY OF proposal to dispose of interest in certain real
DUBUQUE, IOWA: estate by executing a Subordination Agreement
Section 1. That the sale of City of Dubuque for a Real Estate Mortgage filed October 4,
real property described as Lot 1A of Part of 1996, as Instrument No. 11847-96, as to the
South Way in Block 10 in Westchester following described real estate:
Subdivision in the City of Dubuque, Iowa to City Lot 80 and the South 1 and 5/12 Feet of Lot
Clarence P. Pfohl be and the same is hereby 79 in the City of Dubuque, Dubuque County,
approved for the sum of $1.00 plus costs of Iowa; and
surveying, platting, publication and filing fees. Whereas, the City Council overruled any and
Conveyance shall be by Quit Claim Deed. all objections, oral or written, to dispose of
Section 2. That the Mayor be authorized and interests of the City of Dubuque, Iowa, in the
directed to execute a Quit Claim Deed, and the above-described real estate.
City Clerk be and is hereby authorized and NOW, THEREFORE, BE IT RESOLVED BY
directed to deliver said deed of conveyance to THE CITY COUNCIL OF THE CITY OF
Clarence P. Pfohl upon receipt of the purchase DUBUQUE, IOWA:
price in full. Section 1. That the Mayor and City Clerk are
Section 3. The City reserves unto itself a hereby authorized and directed to execute said
perpetual easement including the right of ingress Subordination Agreement, attached hereto and
and egress thereto, for the purpose of erecting, made a part hereof, on behalf of the City of
installing, constructing, reconstructing, repairing, Dubuque, Iowa.
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owning, operating, and maintaining water, Passed, approved and adopted this 6 day of
sewer, drainage, gas, telephone, television October 2003.
cable, fiber optics, and electric lines as may be Terrance M. Duggan, Mayor
authorized by the City of Dubuque, Iowa, as Attest: Jeanne F. Schneider, City Clerk
shown on the plat of survey of Lot 1A of part of Markham moved adoption of the Resolution.
South Way in Block 10 in Westchester Seconded by Connors. Motion carried 7-0.
Subdivision.
Section 4. That the City Clerk be and is hereby Chestnut Street Reconstruction Project:
authorized and directed to record a certified Proofs of publication on notice of hearing to
copy of this resolution in the offices of the City consider adoption of the plans and specifications
Assessor, Dubuque County Recorder and and Resolution of Necessity for the Chestnut
Dubuque County Auditor. Street Reconstruction Project and City Manager
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Passed, approved and adopted this 6 day of recommending approval, presented and read.
October, 2003. Buol moved that the proofs and communications
Terrance M. Duggan, Mayor be received and filed. Seconded by Connors.
Attest: Jeanne F. Schneider, CMC, City Clerk Motion carried 7-0.
Markham moved adoption of the Resolution. Pam Bradford, 1245 Highland Place, spoke
Seconded by Connors. Motion carried 7-0. and submitted a petition and pictures and
objected to the plans to widen the street and
resultant loss of trees.
320 Regular Session, October 6, 2003
Roman Ciapalo, 1209 Highland Place, spoke Adopted, without amendment, and all
and submitted a petition and pictures and objections filed or made having been duly
requested the rescinding of the project considered are overruled.
concerning the portion of sidewalk from Dell St. x Adopted as amended by the Schedule of
to Highland St. Assessments attached hereto as Exhibit A, and
Bethany Golombeski, 1295 Prairie, spoke in made a part hereof by reference. All objections
opposition to sidewalks and in support of filed or made having been duly considered are
retaining original aspects of the street. overruled.
Deferred for later consideration to a City
RESOLUTION NO. 378-03
Council meeting to be held on the _____ day of
RESOLUTION ADOPTING
, 2003, next at 6:30 p.m. in the Public Library
PLANS AND SPECIFICATIONS
Auditorium, with jurisdiction retained for further
Whereas, on the 10th day of September, 2003, consideration and action at the adjourned
plans, specifications, form of contract and meeting.
estimated cost were filed with the City Clerk of Abandoned.
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Dubuque, Iowa for the Chestnut Street Passed, adopted and approved 6 day of
(Highland to Cox) Reconstruction Project. October, 2003.
Whereas, notice of hearing on plans, Terrance M. Duggan, Mayor
specifications, form of contract, and estimated Attest: Jeanne F. Schneider, CMC, City Clerk
cost was published as required by law. Buol moved adoption, as amended, of the
NOW THEREFORE, BE IT RESOLVED BY Resolution with the amendment to leave the
THE CITY COUNCIL OF THE CITY OF street width at 29.5 feet and remove the
DUBUQUE, IOWA: sidewalks between Dell St. and Highland.
That the said plans, specifications, form of Seconded by Connors. Motion carried 7-0.
contract and estimated cost are hereby
approved as the plans, specifications, form of Carter Road Detention Basin Project: Proofs
contract and estimated cost for said of publication on notice of hearing on plans and
improvements for said project. specifications and notice to bidders on the
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Passed, adopted and approved this 6 day of receipt of bids, and City Manager recommending
October, 2003. award of the contract for the Carter Road
Terrance M. Duggan, Mayor Detention Basin Project to Tschiggfrie
Attest: Jeanne F. Schneider, CMC, City Clerk Excavating in the amount of $590,316.35,
Buol moved adoption of the Resolution, as presented and read. Buol moved that the
amended, with the amendment to leave the proofs and communication be received and filed.
street width at 29.5 feet and remove the Seconded by Markham. Motion carried 7-0.
sidewalks between Dell St. and Highland.
RESOLUTION NO. 380-03
Seconded by Connors. Motion carried 7-0.
RESOLUTION ADOPTING
RESOLUTION NO. 379-03 PLANS AND SPECIFICATIONS
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RESOLUTION WITH RESPECT TO THE
Whereas, on the 27 day of August, 2003,
ADOPTION OF THE RESOLUTION OF
plans, specifications, form of contract and
NECESSITY PROPOSED FOR THE
estimated cost were filed with the City Clerk of
CHESTNUT STREET (HIGHLAND TO COX)
Dubuque, Iowa for the Carter Road Detention
RECONSTRUCTION PROJECT
Basin Project.
Whereas, the City Council has proposed a Whereas, notice of hearing on plans,
Resolution of Necessity for the Chestnut Street specifications, form of contract, and estimated
(Highland to Cox) Reconstruction Project, has cost was published as required by law.
given notice of the public hearing thereon as NOW THEREFORE, BE IT RESOLVED BY
required by law; and THE CITY COUNCIL OF THE CITY OF
Whereas, the public hearing has been held, all DUBUQUE, IOWA:
persons offering objections have been heard That the said plans, specifications, form of
and consideration given to all objections and is contract and estimated cost are hereby
pending before this Council; and approved as the plans, specifications, form of
Whereas, this is the time and place set as contract and estimated cost for said
provided for the taking of action on the proposed improvements for said project.
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Resolution of Necessity. Passed, adopted and approved this 6 day of
NOW THEREFORE, BE IT RESOLVED BY October, 2003.
THE CITY COUNCIL OF THE CITY OF Terrance M. Duggan, Mayor
DUBUQUE, IOWA: Attest: Jeanne F. Schneider, CMC, City Clerk
That the proposed Resolution of Necessity Buol moved adoption of the Resolution.
described above is hereby: Seconded by Markham. Motion carried 7-0.
Regular Session, October 6, 2003 321
RESOLUTION NO. 381-03
NOW THEREFORE, BE IT RESOLVED BY
AWARDING CONTRACT
THE CITY COUNCIL OF THE CITY OF
Whereas, sealed proposals have been DUBUQUE, IOWA:
submitted by contractors for the Carter Road That the said plans, specifications, form of
Detention Basin Project pursuant to Resolution contract and estimated cost are hereby
No. 310-03 and notice to bidders published in a approved as the plans, specifications, form of
newspaper published in the City of Dubuque, contract and estimated cost for said
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Iowa on the 5 day of September, 2003. improvements for said project.
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Whereas, said sealed proposals were opened Passed, adopted and approved this 6 day of
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and read on the 30 day of September, 2003, October, 2003.
and it has been determined that the bid of Terrance M. Duggan, Mayor
Tschiggfrie Excavating Co. of Dubuque, Iowa, in Attest: Jeanne F. Schneider, CMC, City Clerk
the amount of $590,316.35 was the lowest bid Cline moved adoption of the Resolution.
for the furnishings of all labor and materials and Seconded by Nicholson. Motion carried 7-0.
performing the work as provided for in the plans
RESOLUTION NO. 383-03
and specifications.
AWARDING CONTRACT
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF Whereas, sealed proposals have been
DUBUQUE, IOWA: submitted by contractors for the Port of Dubuque
That the contract for the above improvement Parking Lot Renovation & Resurfacing Project
be awarded to Tschiggfrie Excavating Co., pursuant to Resolution No. 307-03 and notice to
contingent upon permit issuance by the Iowa bidders published in a newspaper published in
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Department of Natural Resources, and the the City of Dubuque, Iowa on the 5 day of
Manager be and is hereby directed to execute a September, 2003.
contract on behalf of the City of Dubuque for the Whereas, said sealed proposals were opened
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complete performance of the work. and read on the 25 day of September, 2003,
BE IT FURTHER RESOLVED: and it has been determined that the bid of
That upon the signing of said contract and the Portzen Construction, Inc. of Dubuque, Iowa, in
approval of the contractor’s bond, the City the amount of $476,492.35 was the lowest bid
Treasurer is authorized and instructed to return for the furnishings of all labor and materials and
the bid deposits of the unsuccessful bidders. performing the work as provided for in the plans
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Passed, approved and adopted this 6 day of and specifications.
October, 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:
Buol moved adoption of the Resolution. That the contract for the above improvement
Seconded by Markham. Motion carried 7-0. be awarded to Portzen Construction, Inc. and
the Manager be and is hereby directed to
Port of Dubuque Parking Lot Renovation and execute a contract on behalf of the City of
Resurfacing Project: Proofs of publication on Dubuque for the complete performance of the
notice of hearing on plans and specifications work.
and notice to bidders on the receipt of bids, and BE IT FURTHER RESOLVED:
City Manager recommending award of the That upon the signing of said contract and the
contract for the Port of Dubuque Parking Lot approval of the contractor’s bond, the City
Renovation and Resurfacing Project to Portzen Treasurer is authorized and instructed to return
Construction, Inc. in the amount of $476,492.35, the bid deposits of the unsuccessful bidders.
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presented and read. Cline moved that the Passed, approved and adopted this 6 day of
proofs and communication be received and filed. October, 2003.
Seconded by Nicholson. Motion carried 7-0. Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 382-03
Cline moved adoption of the Resolution.
RESOLUTION ADOPTING
Seconded by Nicholson. Motion carried 7-0.
PLANS AND SPECIFICATIONS
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Whereas, on the 27 day of August, 2003, Markham moved that the rules be reinstated
plans, specifications, form of contract and limiting discussion to the Council. Seconded by
estimated cost were filed with the City Clerk of Cline. Motion carried 7-0.
Dubuque, Iowa for the Port of Dubuque Parking
ACTION ITEMS
Lot Renovation & Resurfacing Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated Eagle Point Bluff – Request for Public Hearing:
cost was published as required by law. Communication from S.A. Sutton, Charles
Winterwood, Francine Banwarth and Matt Lundh
322 Regular Session, October 6, 2003
submitting signatures opposing the Royal Oaks Mayor Duggan turned control of the meeting to
condominium project and requesting that the the Mayor Pro-Tem due to possible conflict of
City Council set a public hearing for the next interest.
meeting, presented and read. Nicholson moved
that the communications be received and filed. QHQ Request for Rezoning (Tabled on August
Seconded by Markham. Motion carried 7-0. 4, 2003): Communication of Kenneth L. Buesing
Matthew Lundh, 2678 Marywood, spoke requesting that the QHQ request for rezoning
objecting to the loss of the bluff and old steps at property located south of Holliday Drive, west of
this 2800 Rhomberg site, citing the importance the Northwest Arterial, be placed back on the
of the connection between the river and Eagle City Council agenda, presented and read.
Point Park. Michalski moved that this item be removed from
City Manager submitting information on the the table. Seconded by Nicholson. Motion
development, presented and read. Nicholson carried 6-0.
moved that the communication be received and Attorney Steve Juergens, for QHQ, spoke of
filed. Seconded by Markham. Motion carried 7-the Agreement reached with the neighbors, with
0. the excellent help of Dubuque Dispute
Resolution Center Mediator Hiram Melendez.
Irish Fest: Request of John Finn and Fran Michalski moved that the communication of
Henkels to address the Council regarding the Mr. Buesing be received and filed. Seconded by
location of Irish Fest and City Manager Connors. Motion carried 6-0.
submitting background information on Irish Fest,
presented and read. An Ordinance amending Appendix A (the
John Finn, 180 Main St., and Fran Henkels, Zoning Ordinance) of the City of Dubuque Code
1400 University, spoke clarifying and requesting of Ordinances by reclassifying hereinafter
approval of the Council to hold Irish Fest behind described property located south of Holliday
the Busted Lift. Day, west of the Northwest Arterial, from AG
After discussion, Nicholson moved to receive Agricultural District to C-2 Neighborhood
and file the communications and amend the Shopping Center District and C-3 General
request to allow Murphy Park as the Festival site Commercial zoning district, with conditions,
with Mr. Finn providing the proper presented and read.
documentation. Seconded by Buol. Carried by
OFFICIAL PUBLICATION
the following vote: Yeas—Buol, Cline, Connors,
ORDINANCE NO. 77-03
Duggan, Michalski, Nicholson. Nays—Markham.
AN ORDINANCE AMENDING APPENDIX A
RESOLUTION NO. 384-03 (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
BEER
RECLASSIFYING HEREINAFTER DESCRI-
Whereas, applications for Beer Permits have
BED PROPERTY LOCATED AT THE SOUTH
been submitted and filed to this Council for
END OF HOLLIDAY DRIVE, WEST OF THE
approval and the same have been examined
NORTHWEST ARTERIAL FROM AG
and approved: and
AGRICULTURAL DISTRICT TO C-2 NEIGH-
Whereas, the premises to be occupied by
BORHOOD SHOPPING CENTER DISTRICT
such applicants were inspected and found to
AND TO C-3 GENERAL COMMERCIAL
comply with the Ordinances of the City and have
DISTRICT, WITH CONDITIONS
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: DUBUQUE, IOWA:
That the Manager be authorized to cause to be Section 1. That Appendix A (The Zoning
issued the following named applicants a Beer Ordinance) of the City of Dubuque Code of
Permit. Ordinances is hereby amended by reclassifying
CLASS “B” BEER (5 – DAY SPECIAL EVENT) the hereinafter-described property from AG
Davey Robertsons Public Bar The Busted Lift-Agricultural District to C-2 Neighborhood
Irish Fest Murphy Park Shopping Center District, with conditions, to wit:
Passed, approved and adopted this 6th day of The portion (regardless of how such portion is in
October, 2003. the future finally subdivided and platted) of Lot 2
Terrance M. Duggan, Mayor of 2 of the SE 1/4 of the NE 1/4 Section 20,
Attest: Jeanne F. Schneider, City Clerk T89N, R2E, in the City of Dubuque, Iowa, now
Nicholson moved adoption of the Resolution shown as Lots 8, 9, and 10 on the preliminary
Seconded by Buol. Carried by the following Zoning Plan attached hereto as Exhibit "A" and
vote: Yeas—Buol, Duggan, Cline, Connors, by this reference incorporated herein.
Michalski, Nicholson. Nays—Markham. Section 2. That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Regular Session, October 6, 2003 323
Ordinances is hereby amended by reclassifying feet (8’) in height and shall be planted at the top
the hereinafter-described property from AG of the barrier. The trees shall be planted in a
Agricultural District to C-3 General Commercial zig-zag pattern approximately fifteen feet (15’)
District, with conditions, to wit: apart.
The portion (regardless of how such portion is in 4) All lots within the above-described property
the future finally subdivided and platted) of Lot B shall have seventy-two degree (72°) cut light
and Lot 2 of 2 of the SE 1/4 of the NE 1/4 parking lot fixtures which focus light downward
Section 20, T89N, R2E, in the City of Dubuque, and thereby minimize the amount of lighting
Iowa, now shown as Lots 1 through 7, inclusive, which would otherwise spread to surrounding
and Lot 11 on the preliminary Zoning Plan areas. All lighting on lots within the above-
attached hereto as Exhibit "A" and by this described property shall otherwise comply with
reference incorporated herein. City of Dubuque Zoning Ordinance provisions.
Section 3. The foregoing amendment has 5) All exterior storage and trash collection
heretofore been reviewed by the Zoning areas and the materials contained therein shall
Advisory Commission of the City of Dubuque, be visually screened from view. The screening
Iowa. shall be a completely opaque fence, wall or
Section 4. This ordinance shall take effect other feature not exceeding a height of ten feet
immediately upon publication, as provided by (10’) measured from the ground level outside the
law. line of the screen. Exposed materials to
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Passed, approved and adopted this 6 day of construct the opaque screen shall be similar in
October, 2003. appearance to materials used for exterior
Patricia A. Cline, Mayor Pro-Tem building walls. Colors of the screen shall match
Attest: Jeanne F. Schneider, CMC, City Clerk those of the building. All exterior entrances to a
MEMORANDUM OF AGREEMENT screened storage or trash area shall be provided
Pursuant to the Iowa Code Section 414.5 with a gate or door of similar design to that of
(2001), and as an express condition of rezoning the screen. Gates and doors shall be closed at
of the property described as: all times other than when a vehicle or personnel
Lot B and Lot 2 of 2 of the SE 1/4 of the NE 1/4 are using the entrance for access to and from
Section 20, T89N, R2E, and to the center line of the screened area.
the adjoining public right-of-way, all in the City of In lieu of opaque screening, exterior storage or
Dubuque, Iowa, trash collection areas may be screened with
which is the subject of Ordinance No. 77-03, a evergreen plant materials selected and designed
copy of which is attached hereto and so that they will eventually screen the area from
incorporated herein by reference, the all off-site visibility. In such cases, if initial
undersigned property owners, agree to the plantings are of six foot (6’) height or greater, the
following conditions, all of which the property requirements for other opaque screening shall
owner further agrees are reasonable and are be omitted.
imposed to satisfy public needs which are 6) The provisions of the City of Dubuque
caused directly by the rezoning: Zoning Ordinance shall apply to the construction
A) Conditions: and maintenance of signs on lots within the
1) That the north right-in/right-out access above-described property.
shall be installed concurrently with the extension B) Reclassification of the Subject Property. The
of Holliday Drive. City of Dubuque, Iowa may initiate zoning
2) That the southern access shall be installed reclassification proceedings to the AG
when Plastic Center, Inc. constructs the Agricultural District (which rezoning will include
signalized intersection located approximately the removal of the performance standards in
2,000 feet south of the Asbury Road and Section A above) if the property owner fails to
Northwest Arterial intersection. complete any of the conditions or provisions of
3) Prior to construction on each lot within the this Agreement.
above-described property, an earthen barrier C) Modifications. Any modifications of this
shall be constructed along the boundary of the Agreement shall be considered a zoning
lot which lies adjacent to Embassy West No. 3 reclassification and shall be subject to the
Subdivision. The barrier will be graded such that provisions of the Zoning Ordinance governing
it will slope at a rate of approximately three-to-zoning reclassifications. All such modifications
one (3:1), with the grade rising from the property must be approved by the City Council of
line to the east. The barrier shall be to a Dubuque, Iowa.
minimum of fifty feet (50’) and to a maximum of D) Recording. A copy of this Agreement shall
seventy-five feet (75’) in width, extending from be recorded with the Dubuque County Recorder
the property line to the east. The barrier will be as a permanent record of the conditions
seeded in grasses and shall be planted with accepted as part of this rezoning approval within
conifer (evergreen) trees. The trees shall thirty (30) days of the adoption of Ordinance No.
initially be a minimum of seven feet (7’) to eight 77-03.
324 Regular Session, October 6, 2003
E) Construction. This Agreement shall be Valley Subdivision, which the owners by said
construed and interpreted as though it were part final plat have dedicated to the public forever;
of Appendix A of the Code of Ordinances of the and
City of Dubuque, also known as the Zoning Whereas, the preliminary plat has been
Ordinance of the City of Dubuque, Iowa. examined by the Zoning Advisory Commission
F) This Agreement shall be binding upon the and had its approval endorsed thereon; and
undersigned and his/her heirs, successor and Whereas, said final plat has been reviewed by
assignees. the City Planner and had her approval endorsed
ACCEPTANCE OF ORDINANCE NO. 77-03 thereon, subject to the owners agreeing to the
I, Timothy J. Quagliano, representing QHQ conditions noted in Section 2 below; and
Properties, having read the terms and conditions Whereas, said final plat has been examined by
of the Resolution No, 77-03 and being familiar the City Council and they find that it conforms to
with the conditions thereof, hereby accept this the statutes and ordinances relating to it, except
same and agree to the conditions required that no streets or public utilities have yet been
therein. constructed or installed.
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Dated in Dubuque, Iowa this 6 day of NOW, THEREFORE, BE IT RESOLVED BY
October, 2003. THE CITY COUNCIL OF THE CITY OF
QHQ Properties, An Iowa General Partnership DUBUQUE, IOWA:
By: /s/ Timothy J. Quagliano, General Partner Section 1. That the dedication of Commerce
Published officially in the Telegraph Herald Park (Lot F), South Westbrook Drive (Lot G),
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Newspaper the 13 day of October, 2003. Pebble Creek Drive (Lot H) Trails Edge Drive
/s/Jeanne F. Schneider, CMC, City Clerk (Lot I), North Westbrook Drive (Lot J), and
1t 10/13 Seippel Road (Lot K), and the easements for
Michalski moved that the requirement that a public utilities, sanitary sewer, storm sewer and
proposed Ordinance be considered and voted water mains as they appear upon said final plat,
on for passage at two Council Meetings prior to be and the same are hereby accepted; and
the meeting at which it is to be finally passed be Section 2. That the Final Plat of Lots 1 thru 48,
suspended and further moved final Inclusive, of Block 1, Lots 1 thru 10, Inclusive, of
consideration and passage of the Ordinance. Block 3 and Lots A, B, C, D, E, F,G, H, I, J, and
Seconded by Connors. Motion carried 6-0. K of Westbrook Subdivision is hereby approved
and the Mayor and City Clerk are hereby
Mayor Duggan returned and took control of the authorized and directed to endorse the approval
meeting. of the City of Dubuque, Iowa, upon said final
plat, provided the owners of said property herein
Westbrook Subdivision – Final Plat: City named, execute their written acceptance hereto
Manager recommending approval of the final attached agreeing:
plat of Phase I of Westbrook Subdivision, which (a) To reduce Commerce Park (Lot F), South
was recently approved for annexation in the City Westbrook Drive (Lot G), Pebble Creek Drive
of Dubuque, as requested by Joel Callahan, (Lot H), Trails Edge Drive (Lot I), and North
presented and read. Cline moved that the Westbrook Drive (Lot J) to grade and to
communication be received and filed. Seconded construct concrete curb and gutter and to hard
by Nicholson. Motion carried 7-0. surface with asphaltic concrete, or with concrete
paving with integral curb, all in accordance with
RESOLUTION NO. 385-03
the City of Dubuque standard specifications, all
A RESOLUTION APPROVING THE FINAL
in a manner acceptable to the City Engineer, in
PLAT OF LOTS 1 THRU 48, INCLUSIVE, OF
conformance with construction improvement
BLOCK 1, LOTS 1 THRU 10, INCLUSIVE, OF
plans approved by the City Engineer, and
BLOCK 3 AND LOTS A, B, C, D, E, F, G, H, I,
inspected by the City Engineer.
J, AND K OF WESTBROOK SUBDIVISION.
(b) To install sanitary sewer and service laterals,
Whereas, there has been filed with the City water mains and water service laterals into each
Clerk the Final Plat of Lots 1 thru 48, Inclusive, individual lot, storm sewers and catch basins,
of Block 1, Lots 1 thru 10, Inclusive, of Block 3 boulevard street lighting and erosion control
and Lots A, B, C, D, E, F,G, H, I, J, and K of devices all in accordance with the City of
Westbrook Subdivision, in Dubuque County, Dubuque standard specifications, all in a
Iowa; and manner acceptable to the City Engineer, and in
Whereas, upon said final plat appears streets accordance with construction improvement
to be known as Commerce Park (Lot F), South plans approved by the City Engineer, and
Westbrook Drive (Lot G), Pebble Creek Drive inspected by the City Engineer.
(Lot H), Trails Edge Drive (Lot I), North (c) To construct said improvements, prior to two
Westbrook Drive (Lot J) and Seippel Road (Lot (2) years from the date of acceptance of this
K), together with certain public utility easements resolution, at the sole expense of the owners, or
and storm water detention facility, all in Eagle future owner;
Regular Session, October 6, 2003 325
(d) To construct storm water detention facility(s) Section 6. That the City may install a portion of
in a manner acceptable to the City Engineer, in the water mains and service laterals into each
accordance with construction improvement individual lot. The costs associated with this
plans approved by the City Engineer, prior to installation shall be reimbursed to the City from
grading associated with the proposed streets. the developer, his successors and assigns as
(e) To maintain the above public improvements, each lot is sold, with a balloon payment at the
for a period of two (2) years from the date of the end of five years from the date of this resolution,
acceptance of those improvements by the City all in accordance with the development
of Dubuque, Iowa, at the sole expense of the agreement between the City of Dubuque and
owners, or future owner; Callahan Construction.
And, further provided that said Callahan Section 7. That the final acceptance of all
Construction, as owners of said property, shall public improvements shall occur upon
secure the performance of the foregoing certification of the City Engineer to the City
conditions provided in this Section by providing Council that all public improvements have been
guarantees in such form and with such sureties completed in accordance with the improvement
as may be acceptable to the City Manager of the plans and City standard specifications and
City of Dubuque, Iowa. accepted by City Council Resolution.
Section 3. Sidewalk installation shall be the Section 8. That in the event Callahan
responsibility of the owner abutting the public Construction fails to execute the acceptance and
rights-of-way, including lots with multiple furnish the guarantees provided in Section 3
frontages, as required by City Code 41-161 hereof within 180 days after the date of this
through 41-164. The responsibility shall extend Resolution, the provisions hereof shall be null
to all successors, heirs and assignees. and void and the acceptance of the dedication
Sidewalk installation will not be required until the and approval the plat shall not be effective.
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development of the lot has been completed, Passed, approved and adopted this 6 day of
except as required herein. In sparsely October 2003.
developed subdivisions, sidewalks on developed Terrance M. Duggan, Mayor
lots will not be required until 50% of the lots Attest: Jeanne F. Schneider, City Clerk
approved by the plat have been developed. All Cline moved adoption of the Resolution.
vacant lots shall have sidewalks installed upon Seconded by Nicholson. Motion carried 6-0 with
development of 80% of the lots approved by the Markham out of the Chambers briefly.
plat.
Section 4. The developer will maintain the Northwest Arterial Access: ity Manager
detention facilities constructed as part of recommending approval of a request from
Westbrook Subdivision until it has been fully Martin J. McNamer, Harvest Development
completed and 80% of the sum of the platted Group, LLC, to construct a temporary access on
lots in the entire Westbrook Subdivision is fully to the Northwest Arterial for construction of an
developed and the remaining 20% of these lots assisted living project, presented and read. Buol
have installed adequate erosion control moved that the communication be received and
measures as approved by the City. Upon the filed and approved recommendation. Seconded
Citys acceptance of the detention facility, the by Nicholson. Motion carried 7-0.
=
maintenance expenses incurred by the City of
University Avenue Reconstruction Project:
Dubuque for the storm water detention facility
City Manager recommending award of the
(Lots B, C, D & E) shall be assessed against the
contract for the University Avenue
lot owners of Eagle Valley Subdivision, in equal
Reconstruction Project from Delhi to Alta Vista
amounts, and the City Manager shall certify
such costs to the City Clerk, who in turn shall and the University Avenue Patching Project from
promptly certify such costs to the Dubuque Alta Vista to Spruce Street to Horsfield
County Treasurer, and such costs shall then be Construction, Inc., in the amount of
collected with and in the same manner as $1,007,996.36, presented and read. Markham
moved that the communication be received and
general property taxes in accordance with
filed. Seconded by Michalski. Motion carried 7-
provisions of law.
0.
Section 5. That the City may install a portion of
RESOLUTION NO. 386-03
the sanitary sewer mains and sewer service
AWARDING CONTRACT
laterals into each individual lot. The costs
associated with this installation shall be Whereas, sealed proposals have been
reimbursed to the City from the developer, his submitted by contractors for the University
successors and assigns as each lot is sold, with Avenue Reconstruction Project from Delhi to
Alta Vista and the University Avenue Patching
a balloon payment at the end of five years from
Project from Alta Vista to Spruce Street pursuant
the date of this resolution, all in accordance with
to Resolution No. 286-03 and notice to bidders
the development agreement between the City of
published in a newspaper published in the City
Dubuque and Callahan Construction.
326 Regular Session, October 6, 2003
nd
of Dubuque, Iowa on the 22 day of August,
2003. Approved:__________________________2003
Whereas, said sealed proposals were opened
and read on the 16th of September, 2003, by the Adopted:___________________________2003
Iowa Department of Transportation (IDOT), and
it has been determined that the bid of Horsfield
Construction, Inc. of Epworth, Iowa, in the ______________________________________
amount of $1,007,996.35 was the lowest bid for Mayor
the furnishings of all labor and materials and
performing the work as provided for in the plans ______________________________________
and specifications.
NOW THEREFORE, BE IT RESOLVED BY ______________________________________
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: ______________________________________
That the contract for the above improvement
be awarded to Horsfield Construction, Inc., ______________________________________
subject to the concurrence by the Iowa
Department of Transportation, and the Manager ______________________________________
be and is hereby directed to execute a contract
on behalf of the City of Dubuque for the ______________________________________
complete performance of the work. Council Members
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the Attest:
approval of the contractor’s bond, the City
Treasurer is authorized and instructed to return ______________________________________
the bid deposits of the unsuccessful bidders. City Clerk
th
Passed, approved and adopted this 6 day of
October, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Markham moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Letter of Appreciation - Paramedic Services:
Council Member Dan Nicholson presenting a
$100 check and letter from Pauline Wegner of
Van Dyne, WI thanking the City for paramedic
services provided to her husband on August 15,
2003, presented and read. Michalski moved that
the communication be received and filed and
accept the check. Seconded by Cline. Motion
carried 7-0.
Ric Jones, EMS Supervisor, received the
check and letter on behalf of all the City
emergency services.
At 8:46 P.M. Buol moved to go into Closed
Session re: Collective Bargaining Strategy –
Chapter 20.17(3) 2003 Code of Iowa.
Seconded by Nicholson. Motion carried 7-0.
At 9:01 P.M. Council reconvened regular
session with statement that staff had been given
proper direction.
There being no further business, Markham
moved to adjourn. Seconded by Buol. Motion
carried 7-0. The meeting adjourned at 9:02 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 10/15
Regular Session, October 20, 2003 327
DUBUQUE
Printed Council Proceedings for August, 2003,
presented and read. Buol moved that the
CITY COUNCIL
proceedings be received and filed and approved
OFFICIAL
as printed. Seconded by Nicholson. Motion
PROCEEDINGS
carried 7-0.
Finance Director submitting the City of
City Council, Regular Session, October 20,
Dubuque Financial Reports for month ending
2003
September 31, 2003, presented and read. Buol
Council met in Regular Session at 6:30 P.M. in
moved that the communication and report be
the Library Auditorium
received and filed. Seconded by Nicholson.
Motion carried 7-0.
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
Notice of Claims/Suits: Michael W. Sand for
Nicholson, City Manager Van Milligen,
vehicle damage; James C. Walgren for vehicle
Corporation Counsel Lindahl
damage; Raymond Worden, Jr. and Bambi
Worden vs. City of Dubuque, presented and
Mayor Duggan read the call and stated this is
read. Buol moved that the claims and suits be
a regular session of the City Council called for
referred to the Legal Staff for investigation and
the purpose of discussing such matters which
report. Seconded by Nicholson. Motion carried
may properly come before the City Council.
7-0.
Invocation was given by Sister Mary Kivlahan,
Corporation Counsel advising that the
OSF, Pastoral Associate, Holy Trinity Catholic
following claim has been referred to Public Entity
Church.
Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool: James Walgren
Proclamations: Red Ribbon Week (October
for vehicle damage, presented and read. Buol
23 – 31, 2003) and 2-1-1 Month (November,
moved that the communication be received and
2003) received by Lidia Bertolini.
filed and concurred. Seconded by Nicholson.
Motion carried 7-0.
Special Presentation: Katie Krieg, 2620 New
Haven, as President of Dubuque Initiatives,
Corporation Counsel recommending
spoke and showed a video explaining their
settlement of the claim of Kristina Keuter for
request for Council support of a Minor League
vehicle damage and James Mess for towing
Baseball Team in Dubuque. Nicholson moved
charges and directing the Finance Department
that the communications be received and filed
to issue proper payment, presented and read.
and instructed Staff to prepare language for a
Buol moved that the communications be
referendum ballot on December 16, 2003 and to
received and filed and concurred and Finance
make application to the Iowa Vision Fund.
Director to issue proper payment. Seconded by
Seconded by Cline. Motion carried 7-0.
Nicholson. Motion carried 7-0.
CONSENT ITEMS
Corporation Counsel recommending that the
claim of Michael Sand for vehicle damage be
Minutes and Reports Submitted: Airport
referred to River City Paving, presented and
Commission of 9/22; Cable TV Regulatory
read. Buol moved that the communication be
Commission of 10/10; Cable Community
received and filed and concurred. Seconded by
Teleprogramming Commission of 10/7; City
Nicholson. Motion carried 7-0.
Council of 10/6; Civil Service of 9/18 and 10/8;
Housing Code Appeals Board of 9/16; Human
Citizen Communications:
Rights Commission of 9/8; Joint City/County
Communication from Tim Laehn regarding a
Planning Committee of 9/22; Mechanical Board
program he has initiated in Allison, Iowa to
of 10/1; Zoning Board of Adjustment of 9/25,
welcome new residents, presented and read.
presented and read. Buol moved that the
Buol moved that the communication be received
minutes be received and filed. Seconded by
Nicholson. Motion carried 7-0.
and filed and referred to the City Manager.
Seconded by Nicholson. Motion carried 7-0.
Proofs of publication of City Council
Request of Bob Felderman, representing
Proceedings for September 15 and 26, 2003,
Edward Walz, for a two-hour parking zone in
presented and read. Buol moved that the proofs
front of 1365-1367-1385-1399 Jackson Street,
be received and filed. Seconded by Nicholson.
presented and read. Buol moved that the
Motion carried 7-0.
communication be received and filed and
328 Regular Session, October 20, 2003
referred to the City Manager. Seconded by
Iowa Department of Transportation:
Communication from the Iowa Department of
Nicholson. Motion carried 7-0.
Transportation submitting Iowa’s Mississippi
River Trail (MRT) Plan and requesting that the
Eagle Food Centers, Inc.: Notices of filing in
City review the plan, presented and read. Buol
the United States Bankruptcy Court for the
moved that the communication be received and
Northern District of Illinois Eastern Division by
filed and referred to the City Manager.
Eagle Food Centers, Inc., et al, presented and
Seconded by Nicholson. Motion carried 7-0.
read. Buol moved that the communication be
received and filed. Seconded by Nicholson.
Plat of Survey – Lot 1 and Lot 2 of Whites
Motion carried 7-0.
Place: Zoning Advisory Commission recom-
mending approval of the Plat of Survey of Lot 1
Tax Appeal: Corporation Counsel submitting a
and Lot 2 of Whites Place as requested by the
Stipulation of Settlement of two tax assessment
City of Dubuque, presented and read. Buol
appeals for property located at 1105 Grove
moved that the communication be received and
Terrace (the Hancock House), presented and
filed. Seconded by Nicholson. Motion carried 7-
read. Buol moved that the communication be
0.
received and filed and approved Settlement
Stipulation. Seconded by Nicholson. Motion
RESOLUTION NO. 387-03
carried 7-0.
RESOLUTION APPROVING THE PLAT OF
SURVEY LOT 1 AND LOT 2 OF WHITES
Civil Service Commission: Civil Service
PLACE NO 2
Commission submitting the certified list for the
Whereas, there has been filed with the City
position of Equipment Operator II, presented
Clerk a Plat of Survey of Lot 1 and Lot 2 of
and read.
Whites Place No. 2; and
October 10, 2003
Whereas, Lot 1 and Lot 2 have 0 feet of lot
Honorable Mayor and
frontage where 50 feet of lot frontage is required
Members of the City Council
by Section 42-19(b) of the Subdivision
In accordance with Chapter 400 of the 2003
Regulations; and
Code of Iowa, an examination for the position of
Whereas, said survey plat has been examined
Equipment Operator II was given on September
by the Zoning Advisory Commission and had its
25, 2003. We hereby certify that the individuals
approval endorsed thereon; and
listed below have passed this written
Whereas, said plat has been examined by the
examination and the vacancy for this position
City Council and they find that it conforms to the
should be made from this list and that this list is
statutes and ordinances relating thereto.
good for two (2) years from above date.
NOW THEREFORE, BE IT RESOLVED BY
EQUIPMENT OPERATOR II
THE CITY COUNCIL OF THE CITY OF
Brian S. Odefy
DUBUQUE, IOWA:
Jeffrey D. Simons
Section 1. That Section 42-19(b) of the
Robert J. Barry
Subdivision Regulations is waived to allow Lot 1
Wayne M. Ries
and Lot 2 to have 0 feet of lot frontage, where 50
James Powers
feet of lot frontage is required.
Dennis L. Richey
Section 2. That the Plat of Survey Lot 1 and
Joseph T. Breson
Lot 2 of Whites Place No. 2 is hereby approved
Respectfully submitted,
and the Mayor and City Clerk are hereby
/s/Merle Duehr, Chairperson
authorized and directed to endorse the approval
/s/Loras Kluesner
of the City of Dubuque, Iowa upon said final plat.
/s/Richard Wertzberger
th
Passed, approved and adopted this 20 day of
Civil Service Commission
October 2003.
Buol moved that the above Civil Service
Terrance M. Duggan, Mayor
certification be received and filed and made a
Attest: Jeanne F. Schneider, City Clerk
matter of record. Seconded by Nicholson.
Buol moved adoption of the Resolution.
Motion carried 7-0.
Seconded by Nicholson. Motion carried 7-0.
Letter of Appreciation: Communication from
Final Plat – Medical Associates Subdivision
Nancy B. Ciapalo thanking the City Council for
No. 3: Zoning Advisory Commission
the recent action regarding the Chestnut Street
recommending approval of the final plat of
reconstruction project, presented and read.
Medical Associates Subdivision No. 3 at the end
Buol moved that the communication be received
of Aggie Street as requested by Bob Hartig,
and filed. Seconded by Nicholson. Motion
presented and read. Buol moved that the
carried 7-0.
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
Regular Session, October 20, 2003 329
RESOLUTION NO. 388-03
Whereas, said Final Plat has been examined
RESOLUTION APPROVING THE FINAL PLAT
by the City Council and they find that it conforms
OF MEDICAL ASSOCIATES SUBDIVISION
to the statues and ordinances relating thereto.
NO. 3 IN THE CITY OF DUBUQUE, IOWA.
NOW THEREFORE, BE IT RESOLVED BY
Whereas, there has been filed with the City THE CITY COUNCIL OF THE CITY OF
Clerk a Final Plat of Medical Associates DUBUQUE, IOWA:
nd
Subdivision No. 3 in the City of Dubuque, Iowa; Section 1. That the dedication of West 32
and Street (Lot A) as it appears upon said Final Plat,
Whereas, said Final Plat provides Lots 1, 2 be and the same is hereby accepted.
nd
and 3 with 0 feet of lot frontage, where 50 feet is Section 2. That the Final Plat of Sullivan’s 2
required by Section 42-19(b) of the Subdivision Addition is hereby approved and the Mayor and
Regulations; and City Clerk are hereby authorized and directed to
Whereas, said Final Plat has been examined endorse the approval of the City of Dubuque,
by the Zoning Advisory Commission and had its Iowa upon said Final Plat.
approval endorsed thereon; and Section 3. Sidewalk installation shall be the
Whereas, said Final Plat has been examined responsibility of the owner abutting the public
by the City Council and they find that it conforms rights-of-way, including lots with multiple
to the statutes and ordinances relating thereto. frontages, as required by City Code 41-161
NOW THEREFORE, BE IT RESOLVED BY through 41-164. The responsibility shall extend
THE CITY COUNCIL OF THE CITY OF to all successors, heirs and assignees.
DUBUQUE, IOWA: Sidewalk installation will not be required until the
Section 1. That Section 42-19(b) of the development of the lot has been completed,
Subdivision Regulations is waived to allow Lots except as required herein. In sparsely
1, 2 and 3 with 0 feet of lot frontage, where 50 developed subdivisions, sidewalks on developed
feet is required. lots will not be required until 50% of the lots
Section 2. That the Final Plat of Medical approved by the plat have been developed. All
Associates Subdivision No. 3 is hereby vacant lots shall have sidewalks installed upon
approved and the Mayor and City Clerk are development of 80% of the lots approved by the
hereby authorized and directed to endorse the plat.
th
approval of the City of Dubuque, Iowa upon said Passed, approved and adopted this 20 day of
Final Plat. October 2003.
th
Passed, approved and adopted this 20 day of Terrance M. Duggan, Mayor
October 2003. Attest: Jeanne F. Schneider, City Clerk
Terrance M. Duggan, Mayor Buol moved adoption of the Resolution.
Attest: Jeanne F. Schneider, City Clerk Seconded by Nicholson. Motion carried 7-0.
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0. Administrative Services Fee Renewal: City
Manager recommending approval of the
nd
Final Plat – Sullivan’s 2 Addition: Zoning administrative services fee renewal rates
Advisory Commission recommending approval submitted by Alternative Service Concepts
nd
of the final plat of Sullivan’s 2 Addition as (ASC), the City’s workers’ compensation claims
requested by James Sullivan, presented and administrator, presented and read. Buol moved
read. Buol moved that the communication be that the communication be received and filed
received and filed. Seconded by Nicholson. and approved recommendation. Seconded by
Motion carried 7-0. Nicholson. Motion carried 7-0.
RESOLUTION NO. 389-03
Chestnut Street (Highland to Cox)
RESOLUTION APPROVING THE FINAL PLAT
Reconstruction Project: City Manager
ND
OF SULLIVAN’S 2 ADDITION IN THE CITY
recommending award of the contract for the
OF DUBUQUE, IOWA
Chestnut Street (Highland to Cox)
Whereas, there has been filed with the City Reconstruction Project to WC Stewart
nd
Clerk a Final Plat of Sullivan’s 2 Addition, in Construction Co., in the amount of $471,823.09
the City of Dubuque, Iowa; and and Resolution awarding contract to WC Stewart
Whereas, upon said Final Plat appears a Construction Co., presented and read.
nd
street known as West 32 Street, which the Dave Stuart, 1470 Locust, spoke and stated
owners by said Final Plat have dedicated to the residents’ questions were not answered and
public forever; and requested rejection of bids.
Whereas, said Final Plat has been reviewed Chris Wand, Chair of the Historic Preservation
by the Zoning Advisory Commission and had Commission, spoke requesting that this project
their approval endorsed thereon, subject to the be tabled to allow the Historic Preservation
owner’s agreeing to the conditions noted in Commission an opportunity to review the project
Section 2 below; and
330 Regular Session, October 20, 2003
and offer alternatives and options for Section 1. That the cost of said improvement
reconstruction of the street. is hereby determined to be $28,061.90 and the
Markham moved to table action to the 11/3/03 said improvement shall be paid from the funding
Council Meeting. Seconded by Nicholson. of the Dubuque County Historical Society and
Carried by the following vote: Yeas—Buol, the Iowa Department of Transportation TEA-21
Cline, Connors, Markham, Michalski, Nicholson. Grant.
th
Nays—Duggan. Passed, approved and adopted this 20 day of
October, 2003.
Railroad Depot Restoration Project: City Terrance M. Duggan, Mayor
Manager recommending acceptance of the Attest: Jeanne F. Schneider, CMC, City Clerk
Railroad Depot Restoration Project – Lighting Buol moved adoption of the Resolution.
Fixtures as completed by Morse Electric, Inc., in Seconded by Nicholson. Motion carried 7-0.
the final contract amount of $28,061.90,
presented and read. Buol moved that the White Street Reconstruction Project: City
communication be received and filed. Seconded Manager recommending acceptance of the
by Nicholson. Motion carried 7-0. White Street Reconstruction Project as
completed by WC Stewart Construction Co., in
RESOLUTION NO. 390-03
the final contract amount of $2,757,473.33,
ACCEPTING IMPROVEMENT
presented and read. Buol moved that the
Whereas, the contract for the Burlington communication be received and filed. Seconded
Northern Railroad Depot Restoration Project, by Nicholson. Motion carried 7-0.
Contract No. 15B – Lighting Fixtures has been
RESOLUTION NO. 392-03
completed and the City Manager has examined
ACCEPTING IMPROVEMENT
the work and filed his certificate stating that the
same has been completed according to the Whereas, the contract for the White Street
stnd
terms of the contracts, plans and specifications Reconstruction Project – 21 to 32 Street has
and recommends its acceptance. been completed and the City Manager has
NOW THEREFORE, BE IT RESOLVED BY examined the work and filed his certificate
THE CITY COUNCIL OF THE CITY OF stating that the same has been completed
DUBUQUE, IOWA: according to the terms of the contract, plans and
Section 1. That the recommendation of the specifications and recommends its acceptance.
City Manager be approved and that said NOW THEREFORE, BE IT RESOLVED BY
improvements be and the same are hereby THE CITY COUNCIL OF THE CITY OF
accepted. DUBUQUE, IOWA:
BE IT FURTHER RESOLVED that the City Section 1. That the recommendation of the
Treasurer be and he is hereby directed to pay to City Manager be approved and that said
the contractor from the funding of the Dubuque improvement be and the same is hereby
County Historical Society and the Iowa accepted.
Department of Transportation TEA-21 Grant in BE IT FURTHER RESOLVED that the City
amounts equal to the amounts of his contracts, Treasurer be and he is hereby directed to pay
less any retained percentage provided for the contractor in the amount equal to the amount
therein. of his contract, less any retained percentage
th
Passed, approved and adopted this 20 day of provided for therein.
th
October, 2003. Passed, approved and adopted this 20 day of
Terrance M. Duggan, Mayor October, 2003.
Attest: Jeanne F. Schneider, CMC, City Clerk Terrance M. Duggan, Mayor
Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, CMC, City Clerk
Seconded by Nicholson. Motion carried 7-0. Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 391-03
FINAL ESTIMATERESOLUTION NO. 393-03
FINAL ESTIMATE
Whereas, the contract for the Burlington
Northern Railroad Depot Restoration Project, Whereas, the contract for the White Street
stnd
Contract No. 15B – Lighting Fixtures has been Reconstruction Project – 21 to 32 Street has
completed and the City Engineer has submitted been completed and the City Engineer has
his final estimates showing the costs thereof submitted his final estimate showing the cost
including the cost of estimates, notices and thereof including the cost of estimates, notices
inspection and all miscellaneous costs. and inspection and all miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: DUBUQUE, IOWA:
Regular Session, October 20, 2003 331
Section 1. That the cost of said improvement said amount shall be paid from the Port of
is hereby determined to be $2,757,473.33. Dubuque Utility Relocation Funds of the City of
th
Passed, approved and adopted this 20 day of Dubuque, Iowa.
th
October, 2003. Passed, approved and adopted this 20 day of
Terrance M. Duggan, Mayor October, 2003.
Attest: Jeanne F. Schneider, CMC, City Clerk Terrance M. Duggan, Mayor
Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, CMC, City Clerk
Seconded by Nicholson. Motion carried 7-0. Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Fiber Optic Connection Project: City Manager
recommending acceptance of the Fiber Optic Library Roof Replacement Project: City
Connection Project between the City Network Manager recommending acceptance of the
and the Port of Dubuque as completed by Library Roof Replacement Project as completed
Volkens Excavating in the final contract amount by Jim Giese Commercial Roofing in the final
of $11,625, presented and read. Buol moved contract amount of $44,378, presented and
that the communication be received and filed. read. Buol moved that the communication be
Seconded by Nicholson. Motion carried 7-0. received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 394-03
ACCEPTING IMPROVEMENTRESOLUTION NO. 396-03
ACCEPTING IMPROVEMENT
Whereas, the contract for the Fiber Optic
Connection Project between City Network and Whereas, the contract for the roof replacement
Port of Dubuque has been completed and the for the 1980 addition to the Carnegie Stout
City Manager has examined the work and filed Public Library has been completed and Steve
his certificate stating that the same has been Ulstad, Architect and the Library Board of
completed according to the terms of the Trustees has examined the work and found that
contract, plans and specifications and the same has been completed according to the
recommends its acceptance. terms of the contract, plans and specifications
NOW THEREFORE, BE IT RESOLVED BY and recommends its acceptance.
THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED BY
DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF
Section 1. That the recommendation of the DUBUQUE, IOWA:
City Manager be approved and that said Section 1. That the recommendation of the
improvement be and the same is hereby City Manager be approved and that said
accepted. improvement be and the same is hereby
BE IT FURTHER RESOLVED that the City accepted
Treasurer be and he is hereby directed to pay to BE IT FURTHER RESOLVED that the City
the contractor from the Port of Dubuque Utility Treasurer be hereby directed to pay to the
Relocation Funds in amount equal to the amount contractor Jim Giese Commercial Roofing the
of his contract, less any retained percentage sum of $44,378.
provided for therein. Passed, approved and adopted this 20th day
th
Passed, approved and adopted this 20 day of of October, 2003.
October, 2003. Terrance M. Duggan, Mayor
Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk
Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution.
Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 397-03
RESOLUTION NO. 395-03 FINAL ESTIMATE
FINAL ESTIMATE
Whereas, the contract for the roof replacement
Whereas, the contract for the Fiber Optic for the 1980 addition to the Carnegie Stout
Connection Project between City Network and Public Library has been completed and Steve
Port of Dubuque has been completed and the Ulstad, Architect and the Library Board of
City Engineer has submitted his final estimate Trustees has examined the work and found that
showing the cost thereof including the cost of the same has been completed according to the
estimates, notices and inspection and all terms of the contract, plans and specifications
miscellaneous costs. and recommends its acceptance. Jim Giese
NOW THEREFORE, BE IT RESOLVED BY Commercial Roofing has submitted his final
THE CITY COUNCIL OF THE CITY OF invoice showing the cost thereof including the
DUBUQUE, IOWA: cost of estimates, notices and inspection and all
Section 1. That the cost of said improvement miscellaneous costs.
is hereby determined to be $13,368.75 and the
332 Regular Session, October 20, 2003
th
NOW THEREFORE, BE IT RESOLVED BY Passed, approved and adopted this 20 day of
THE CITY COUNCIL OF THE CITY OF October, 2003.
DUBUQUE, IOWA: Terrance M. Duggan, Mayor
Section 1. That the cost of said improvement Attest: Jeanne F. Schneider, CMC, City Clerk
is hereby determined to be $44,378 and the said Buol moved adoption of the Resolution.
amount shall be paid from the Capital Seconded by Nicholson. Motion carried 7-0.
Improvement budget of the City of Dubuque,
RESOLUTION NO. 399-03
Iowa.
RESOLUTION APPROVING AGREEMENT
Passed, approved and adopted this 20th day
WITH THE IOWA CENTRAL & EASTERN
of October, 2003.
RAILROAD FOR THE CONSTRUCTION OF A
Terrance M. Duggan, Mayor
RAILROAD SWITCH AND RAIL EXTENSION
Attest: Jeanne F. Schneider, CMC, City Clerk
FOR THE FLYNN READY-MIX CONCRETE
Buol moved adoption of the Resolution.
CO. RAILROAD SPUR
Seconded by Nicholson. Motion carried 7-0.
Whereas, the City of Dubuque is currently in
Helping Services for Northeast Iowa the process of installing a railroad spur for the
Subcontract: City Manager recommending Flynn Ready-Mix Concrete Co.; and
approval of a subcontract agreement with Whereas, the Iowa Central & Eastern Railroad
Helping Services of Northeast Iowa for Police (IC&E) is proposing to construct a railroad
Officers to participate in the Iowa Department of switch and 676 feet of rail for the Flynn Ready-
Health Drug and Violence Prevention Grant, Mix Concrete Co.; and
presented and read. Buol moved that the Whereas, the Iowa Central & Eastern Railroad
communication be received and filed and (IC&E) has prepared a construction agreement
approved recommendation. Seconded by outlining the terms under which the switch and
Nicholson. Motion carried 7-0. rail extension would be installed and providing
that the City reimburse the Iowa Central &
Iowa Chicago & Eastern Railroad Agreements: Eastern Railroad (IC&E) for its cost of
City Manager recommending approval of installation.
agreements with the Iowa Chicago & Eastern NOW THEREFORE, BE IT RESOLVED BY
Railroad for the installation of a five-inch fiber THE CITY COUNCIL OF THE CITY OF
optic conduit and the construction of a railroad DUBUQUE, IOWA:
switch for Flynn Ready-Mix Concrete, presented Section 1. That the City Council hereby
and read. Buol moved that the communication approves the Iowa Central & Eastern Railroad
be received and filed. Seconded by Nicholson. (IC&E) agreement for the construction of a
Motion carried 7-0. railroad switch and rail extension for the Flynn
Ready-Mix Concrete Co.
RESOLUTION NO. 398-03
Section 2. That the Mayor be authorized and
RESOLUTION APPROVING AGREEMENT
directed to execute two copies of the agreement.
th
WITH THE IOWA CENTRAL & EASTERN
Passed, approved and adopted this 20 day of
RAILROAD FOR THE INSTALLATION OF A
October, 2003.
TH
FIVE-INCH FIBER OPTIC CONDUIT AT 17
Terrance M. Duggan, Mayor
AND ELM STREET
Attest: Jeanne F. Schneider, CMC, City Clerk
Whereas, the City of Dubuque is proposing to Buol moved adoption of the Resolution.
th
install a five-inch optic conduit at 17 and Elm Seconded by Nicholson. Motion carried 7-0.
Street for the future Operations & Maintenance
facility at Kerper Court; and Agreement with Hillcrest Family Services: City
Whereas, the Iowa Central & Eastern Railroad Manager recommending approval of an
(IC&E) has prepared an agreement outlining the agreement with Hillcrest Family Services for use
st
terms under which the five-inch fiber optic of Murphy Park from November 1 through
th
conduit would be installed underneath the track January 4 to set up a holiday light display,
th
at 17 and Elm Street. presented and read. Buol moved that the
NOW THEREFORE, BE IT RESOLVED BY communication be received and filed and
THE CITY COUNCIL OF THE CITY OF approved recommendation. Seconded by
DUBUQUE, IOWA: Nicholson. Motion carried 7-0.
Section 1. That the City Council hereby
approves the Iowa Central & Eastern Railroad Business License Refund: Request of Kwik
(IC&E) agreement for the installation of a five-Trip, Inc. for a refund of the cigarette license for
nd
inch fiber optic conduit underneath the track at the Tobacco Outlet Plus at 66 West 32 Street
th
17 and Elm Street. and Eagle Food Center at 1800 Elm Street,
Section 2. That the Mayor be authorized and presented and read. Buol moved that the
directed to execute two copies of the agreement. communications be received and filed and
Regular Session, October 20, 2003 333
approved refunds. Seconded by Nicholson. Whereas, IIW Engineers & Surveyors, PC has
Motion carried 7-0. prepared and submitted to the City Council a
plat showing the subdivision of Lot 11 of Medical
Business Licenses: Associates No. 2 and resubdivided into Medical
Associates Subdivision No. 3 creating Lots 1, 2,
RESOLUTION NO. 400-03
and 3 of Medical Associates Subdivision No. 3 in
Whereas, applications for Liquor Licenses the City of Dubuque, Iowa; and
have been submitted to this Council for approval Whereas, the City Council of the City of
and the same have been examined and Dubuque, Iowa has determined that Lots 1, 2,
approved; and and 3 of Medical Associates Subdivision No. 3
Whereas, the premises to be occupied by such are no longer required for public use, and sale of
applicants were inspected and found to comply said lots known as Lots 1, 2, and 3 of Medical
with the State Laws and all City Ordinances Associates Subdivision No. 3 in the City of
relevant thereto and they have filed proper Dubuque, Dubuque County, Iowa should be
bonds. approved.
NOW, THEREFORE, BE IT RESOLVED BY NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: DUBUQUE, IOWA:
That the Manager be authorized to cause to be Section 1. That the City of Dubuque intends to
issued the following named applicants a Liquor dispose of its interest in Lots 1, 2, and 3 of
License. Medical Associates Subdivision No. 3 in the City
CLASS “C” BEER/LIQUOR LICENSE of Dubuque, Iowa.
DAMA Corp Rainbow Lounge+ Section 2. That the conveyance of Lots 1, 2,
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(Sunday Sale) 36 W. 4 St and 3 of Medical Associates Subdivision No. 3 in
Europa Haus, Inc Europa Haus & Bierstube the City of Dubuque, Iowa to Oak Park Place of
1301 Rhomberg Dubuque, LLC, be contingent upon the payment
Carolyn Fonck Channel Inn of surveying, platting, title search, publication
2010 ½ Kerper and filing fees.
Carlos O’Kelly’s Inc. Carlos O’Kelly’s+ Section 3. That the City Clerk be and is hereby
(Sunday Sale) 1355 Associates authorized and directed to cause a notice of
SPECIAL CLASS “C” LIQUOR LICENSE intent to dispose of said real estate to be
Carroll’s Wine Company Grape Harbor+ published in the manner as prescribed by law.
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(Sunday/Outdoor Sale) 123 Main St Passed, approved and adopted this 20 day of
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Passed, approved and adopted this 20 day of October, 2003.
October 2003. Terrance M. Duggan, Mayor
Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk
Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and
Buol moved adoption of the Resolution. set this for public hearing on 11/3/03 at a
Seconded by Nicholson. Motion carried 7-0. meeting to commence at 6:30 P.M. in the public
library auditorium and that the City Clerk publish
ITEMS TO BE SET FOR PUBLIC HEARING
notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 7-0.
Sale of City Property – Medical Associates
Subdivision: City Manager recommending that a 2003 Local Law Enforcement Block Grant
public hearing be set for November 3, 2003 to Funds: City Manager recommending that a
consider a request from Oak Park Place of public hearing be set for November 3, 2003
Dubuque, LLC, the developer of Lot 10 of regarding the 2003 Local Law Enforcement
Medical Associates Subdivision, to purchase Block Grant award, presented and read. Cline
Lots 1, 2 and 3 of Medical Associates moved that this be received and filed and that
Subdivision, presented and read. Cline moved this be set for a public hearing on 11/3/03 at a
that the communication be received and filed. meeting to commence at 6:30 P.M. in the public
Seconded by Nicholson. Motion carried 7-0. library auditorium and that the City Clerk publish
notice in the manner prescribed by law.
RESOLUTION NO. 401-03
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION OF INTENT TO DISPOSE OF
CITY INTEREST IN LOTS 1, 2, AND 3 OF
Ice Harbor Pump Auxiliary Power Project: City
MEDICAL ASSOCIATES SUBDIVISION NO. 3
Manager recommending initiation of the bidding
IN THE CITY OF DUBUQUE, IOWA
process for the Ice Harbor Pump Auxiliary
Whereas, Oak Park Place of Dubuque, LLC, has Power Project and setting a public hearing for
requested the vacating of Lots 1, 2, and 3 of December 1, 2003, presented and read. Cline
Medical Associates Subdivision No. 3 in the City moved that the communication be received and
of Dubuque, Iowa; and
334 Regular Session, October 20, 2003
filed. Seconded by Nicholson. Motion carried 7- That the Ice Harbor Pump Auxiliary Power
0. Project is hereby ordered to be advertised for
RESOLUTION NO. 402-03
bids for construction.
PRELIMINARY APPROVAL OF
BE IT FURTHER RESOLVED, that the amount
PLANS AND SPECIFICATIONS
of the security to accompany each bid shall be in
NOW THEREFORE, BE IT RESOLVED BY an amount which shall conform to the provisions
THE CITY COUNCIL OF THE CITY OF of the notice to bidders hereby approved as a
DUBUQUE, IOWA: part of the plans and specifications heretofore
That the proposed plans, specifications, form adopted.
of contract and estimated cost for the Ice Harbor That the City Clerk is hereby directed to
Pump Auxiliary Power Project in the estimated advertise for bids for the construction of the
amount of $82,032.00, are hereby approved and improvements herein provided, to be published
ordered filed in the office of the City Clerk for in a newspaper having general circulation in the
public inspection. City of Dubuque, Iowa, which notice shall not be
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Passed, adopted and approved this 20 day of less than four days nor more than twenty days
October, 2003. prior to the receipt of said bids at 2:00 p.m. on
Terrance M. Duggan, Mayor the 12th day of November, 2003. Bids shall be
Attest: Jeanne F. Schneider, City Clerk opened and read by the City Clerk at said time
Cline moved adoption of the Resolution. and will be submitted to the Council for final
st
Seconded by Nicholson. Motion carried 7-0. action at 6:30 p.m. on the 1 day of December,
2003.
th
RESOLUTION NO. 403-03
Passed, adopted and approved this 20 day of
FIXING DATE OF THE HEARING
October, 2003.
ON PLANS AND SPECIFICATIONS
Terrance M. Duggan, Mayor
Whereas, the City Council of the City of Attest: Jeanne F. Schneider, City Clerk
Dubuque, Iowa has given its preliminary Cline moved adoption of the Resolution.
approval on the proposed plans, specifications, Seconded by Nicholson. Motion carried 7-0.
and form of contract and placed same on file in
the office of the City Clerk for public inspection County Farm Interceptor Sewer Extension
of the Ice Harbor Pump Auxiliary Power Project. Project: City Manager recommending that a
NOW THEREFORE BE IT RESOLVED BY public hearing be held on November 17, 2003 to
THE CITY COUNCIL OF THE CITY OF consider establishing the County Farm
DUBUQUE, IOWA: interceptor sewer connection fee at $500 per
st
That on the 1 of December, 2003, a public acre, presented and read. Cline moved that the
hearing will be held at 6:30 p.m. in the Public communication be received and filed. Seconded
Library Auditorium at which time interested by Nicholson. Motion carried 7-0.
persons may appear and be heard for or against
RESOLUTION NO. 405-03
the proposed plans and specifications, form of
RESOLUTION PROVIDING FOR NOTICE OF
contract and cost of said improvement, and the
THE DATE, TIME AND PLACE OF A PUBLIC
City Clerk be and is hereby directed to cause a
HEARING ON AN ORDINANCE ESTAB-
notice of time and place of such hearing to be
LISHING A CONNECTION FEE FOR THE
published in a newspaper having general
COUNTY FARM SANITARY INTERCEPTOR
circulation in the City of Dubuque, Iowa, which
SEWER
notice shall be not less than four days nor more
than twenty days prior to the day fixed for its Whereas, the City Council of the City of
consideration. At the hearing, any interested Dubuque, Iowa, proposes to establish, by
person may appear and file objections to the Ordinance after notice of a public hearing, the
proposed plans, specifications, contract, or schedule of connection fees for the County Farm
estimated cost of the improvement. Sanitary Interceptor Sewer; and
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Passed, adopted and approved this 20 day of Whereas, Iowa Code Section 384.38(3)
October, 2003 requires notice and a public hearing on such
Terrance M. Duggan, Mayor Ordinance; and
Attest: Jeanne F. Schneider, City Clerk NOW, THEREFORE, BE IT RESOLVED BY
Cline moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF
Seconded by Nicholson. Motion carried 7-0. DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized
RESOLUTION NO. 404-03
and directed to publish notice of the date, time,
ORDERING BIDS
and place of the hearing on said proposed
NOW THEREFORE, BE IT RESOLVED BY Ordinance, which hearing shall be on November
THE COUNCIL OF THE CITY OF DUBUQUE, 17, 2003, at 6:30 p.m., in the Public Library
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IOWA: Auditorium, 360 11 Street, in the City of
Dubuque, Iowa, such publication to be once
Regular Session, October 20, 2003 335
each week for two consecutive weeks in the and Matthew Lundh spoke requesting
manner provided by Section 362.3, the first consideration for appointment.
publication of which shall not be less than ten
PUBLIC HEARINGS
(10) days before the date of the hearing.
Section 2. The notice shall be in substantially
the following form: Buol moved to suspend the rules to allow
Notice to Property Owners anyone present to speak. Seconded by
Notice is given that there is now on file for Connors. Motion carried 7-0.
public inspection in the office of the City Clerk of
the City of Dubuque, City Hall, Dubuque, Iowa, a Mayor Duggan turned control of the meeting to
proposed Ordinance establishing the County Mayor Pro-Tem Cline due to possible conflict of
Farm Sanitary Interceptor Sewer connection interest.
fees. Grandview Avenue United Methodist Church:
The City Council will meet at 6:30 p.m. on Proof of publication on notice of hearing to
November 17, 2003, at the Public Library consider rezoning property located at 419 and
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Auditorium, 360 West 11 Street, in the City of 485 North Grandview/1755 Bennett Street/1730
Dubuque, Iowa, at which time the owners of Grace Street from R-1 Single-Family Residential
property subject to connection fees for the District to C-2 Neighborhood Shopping Center
County Farm Sanitary Interceptor Sewer Project District at the request of the Grandview Avenue
or any other person having an interest in the United Methodist Church/Ambrose and LaVerne
matter may appear and be heard for or against Klein/Shane Klaas/Robert and Naoko
the establishment of the District, or the schedule Crippes/Richard Hartig and Zoning Advisory
of connection fees. A person subject to such Commission recommending approval; commu-
connection fees will be deemed to have waived nications in support of the rezoning and
all objections unless at the time of hearing, the communications in opposition to the rezoning (in
person has filed objections with the City Clerk. excess of 20 percent), presented and read.
Section 3. Not less than fifteen (15) days An Ordinance Amending Appendix A (the
before the hearing, the City Clerk shall also send Zoning Ordinance) of the City of Dubuque Code
a copy of the notice by mail to each property of Ordinances by reclassifying hereinafter
owner whose property will be served by described property located at 419 North
connection to said City sewer and be subject to Grandview Avenue, 485 North Grandview
the connection fees at the address as shown by Avenue, 1755 Bennett Street and 1730 Grace
the records of the County Auditor. Street from R-1 Single-Family Residential
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Passed, approved and adopted this 20 day of District to C-2 Neighborhood Shopping Center
October, 2003. District, presented and read.
Terrance M. Duggan, Mayor Dick Hartig, as CEO of Hartig Drug, spoke
Attest: Jeanne F. Schneider, CMC, City Clerk explaining the scope of the project, requesting
Buol moved adoption of the Resolution and the rezoning to allow a drug store, coffee shop,
setting the public hearing for 11/17/03 at a and pharmacy, and clarified that it was the four
meeting to commence at 6:30 P.M. in the public owners of the properties requesting the
library auditorium and that the City Clerk publish rezoning.
notice in the manner prescribed by law. Ken Johnson, Straka Johnson Architects,
Seconded by Nicholson. Motion carried 7-0. reviewed the plans for the proposed
development.
BOARDS/COMMISSIONS
Rev. James Dotson, Pastor of the Grand View
United Methodist Church, spoke about his
Applicants are invited to address the Council church membership’s difficult decision to build a
regarding their desire to serve on the following new and larger facility over 6 years ago and at
Boards/Commissions: that time letting it be known that the Church
Environmental Stewardship Advisory building on N. Grandview was for sale. Other
Commission (One youth member for a one-year than Mr. Hartig’s present offer there had been
term and two 3-year terms through 10/1/06): no other viable offers in that time and he
Applicants: Stephanie Beecher (Youth); Andrea requested the rezoning for Mr. Hartig.
Bixler, Joseph D. Suarez. Mr. Suarez spoke Speaking in favor of the proposed rezoning
requesting consideration for appointment to this were: Mac Klinger, James Bradley, Arvid Saele,
Commission. Jane Ward, Kathryn Dean, Larry Burgess, John
Historic Preservation Commission:(One Dean, Jack Borchers, Vern Sigwarth,
unexpired term through 7/1/05 for Old Main Speaking in opposition to the proposed
District; two 3-year terms through 7/1/06 for At-rezoning were: Tammy Pfab, Linda Heyer,
Large) Applicants: James E. Gibbs (At-Large); Dave Stuart, Casey & Corey Thein, Andy
Matthew Lundh (At-Large); Angella Marlatt (At-Rettenmeier, Linda LaSoya, Tom Welu, Jackie
Large); David C. Stuart (At-Large) David Stuart Welter, Julie Schwendinger, Chuck Lehman,
336 Regular Session, October 20, 2003
Kathy Lehman, Chris Johnson, Teri Link, Beth Ordinances is hereby amended by reclassifying
Gilbreath, Tina Nauman, Robert Crippes, the hereinafter-described property from R-3
Cynthia Kraus, Frank Belcastro, Sharon Moderate Density Multi-Family Residential
Johnson, Angie Harter, Joan Belcastro. District to C-2 Neighborhood Commercial District
Mr. Hartig responded to some of the specific to wit:
concerns of the individuals objecting to the W 170’ of Lot 319 of Davis Farm Addition and W
proposed rezoning. 170’ of Lot 318 of Davis Farm Addition, and to
Markham moved that the requirement that a the centerline of the adjoining public right-of-
proposed Ordinance be considered and voted way, all in the City of Dubuque, Iowa.
on for passage at two Council Meetings prior to Section 2. The foregoing amendment has
the meeting at which it is to be finally passed be heretofore been reviewed by the Zoning
suspended and further moved final Advisory Commission of the City of Dubuque,
consideration and passage of the Ordinance. Iowa.
Seconded by Nicholson. Motion failed due to Section 3. This Ordinance shall take effect
the following vote: Yeas—Connors, Markham, immediately upon publication, as provided by
Nicholson. Nays—Buol, Cline, Michalski. law.
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Council thanked all the citizens who expressed Passed, approved and adopted this 20 day of
their opinions in an orderly manner. October, 2003.
/s/Terrance M. Duggan, Mayor
At 9:45 PM Council recessed briefly. Attest: /s/Jeanne F. Schneider, CMC, City Clerk
At 9:55 PM Council reconvened. Published officially in the Telegraph Herald
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Newspaper the 24 day of October, 2003.
Mayor Duggan returned and took control of the /s/Jeanne F. Schneider, CMC, City Clerk
meeting. 1t 10/24
Buol moved that the requirement that a
John Kretz/Perfection Oil Company: Proof of proposed Ordinance be considered and voted
publication on notice of hearing to consider on for passage at two Council Meetings prior to
rezoning property located at 3136/3146 Central the meeting at which it is to be finally passed be
Avenue from R-3 Moderate Density Multi-Family suspended and further moved final
Residential District to C-2 Neighborhood consideration and passage of the Ordinance.
Shopping Center District at the request of John Seconded by Connors. Motion carried 7-0.
Kretz/Perfection Oil Company and Zoning
Advisory Commission recommending approval, Joel Callahan – Seippel Road North of the
presented and read. Buol moved that the proof Dubuque Industrial Center West: Proof of
and communications be received and filed. publication on notice of hearing to consider
Seconded by Connors. Motion carried 7-0. rezoning property located west of Seippel Road,
Attorney Brian Kane, 2100 Asbury Rd., north of the Dubuque Industrial Center West,
representing John Kretz and Perfection Oil, from County R-2 Single-Family Residential
explained specifics of the requested rezoning. District to City CS Commercial Service and
Council expressed concern about traffic exiting Wholesale District and LI Light Industrial District,
nd
on W. 32 St. in conjunction with annexation, at the request of
An Ordinance amending Appendix A (the Joel Callahan and Zoning Advisory Commission
Zoning Ordinance) of the City of Dubuque Code recommending approval, presented and read.
of Ordinances by reclassifying hereinafter Buol moved that the proof and communications
described property located at 3136/3146 Central be received and filed. Seconded by Markham.
Avenue from R-3 Moderate Density Multi-Family Motion carried 7-0.
Residential District to C-2 Neighborhood Joel Callahan spoke explaining the specifics of
Commercial District, presented and read. the requested rezoning.
An Ordinance amending Appendix A (the
OFFICIAL PUBLICATION
Zoning Ordinance) of the City of Dubuque Code
ORDINANCE NO. 78-03
of Ordinances by reclassifying hereinafter
AN ORDINANCE AMENDING APPENDIX A
described property located along the west side
(THE ZONING ORDINANCE) OF THE CITY OF
of Seippel Road from Dubuque County R-2
DUBUQUE CODE OF ORDINANCES BY
Single-Family Residential District to City of
RECLASSIFYING HEREINAFTER DESCRI-
Dubuque CS Commercial Service and
BED PROPERTY LOCATED AT 3136/3146
Wholesale District and LI Light Industrial District,
CENTRAL AVENUE FROM R-3 MODERATE
with conditions, concurrent with annexation,
DENSITY MULTI-FAMILY RESIDENTIAL
presented and read.
DISTRICT TO C-2 NEIGHBORHOOD
COMMERCIAL DISTRICT.OFFICIAL PUBLICATION
ORDINANCE NO. 79-03
Section 1. That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Regular Session, October 20, 2003 337
AN ORDINANCE AMENDING APPENDIX A
undersigned property owners, agree to the
(THE ZONING ORDINANCE) OF THE CITY OF
following conditions, all of which the property
DUBUQUE CODE OF ORDINANCES BY
owner further agrees are reasonable and are
RECLASSIFYING HEREINAFTER DESCRI-
imposed to satisfy public needs which are
BED PROPERTY LOCATED ALONG THE
caused directly by the rezoning:
WEST SIDE OF SEIPPEL ROAD FROM
A) Conditions:
DUBUQUE COUNTY R-2 SINGLE-FAMILY
1) That a setback of 40 feet shall be required
RESIDENTIAL DISTRICT TO CITY OF
from the south right-of-way line of Middle Road
DUBUQUE CS COMMERCIAL SERVICE AND
for a distance of 660 feet west of the southwest
WHOLESALE DISTRICTAND LI LIGHT
corner of Middle Road and Seippel Road
INDUSTRIAL DISTRICT, CONCURRENT WITH
intersection.
ANNEXATION.
B) Reclassification of the Subject Property. The
Whereas, Joel Callahan, property owner, have City of Dubuque, Iowa may initiate zoning
requested rezoning concurrent with annexation reclassification proceedings to the District (which
to the City of Dubuque in accordance with rezoning will include the removal of the
Section 2-3 of Appendix A (Zoning Ordinance) of performance standards in Section A above) if
the City of Dubuque Code of Ordinances; and the property owner fails to complete any of the
Whereas, this request has been found to be conditions or provisions of this Agreement.
consistent with the Comprehensive Plan and the C) Modifications. Any modifications of this
Future Land Use Map of the Comprehensive Agreement shall be considered a zoning
Plan. reclassification and shall be subject to the
NOW, THEREFORE, BE IT ORDAINED BY provisions of the Zoning Ordinance governing
THE CITY COUNCIL OF THE CITY OF zoning reclassifications. All such modifications
DUBUQUE, IOWA: must be approved by the City Council of
Section 1. That Appendix A (The Zoning Dubuque, Iowa.
Ordinance) of the City of Dubuque Code of D) Recording. A copy of this Agreement shall
Ordinances is hereby amended by reclassifying be recorded with the Dubuque County Recorder
the hereinafter-described property from as a permanent record of the conditions
Dubuque County R-2 Single-Family Residential accepted as part of this rezoning approval within
District to City of Dubuque CS Commercial ten (10) days of the adoption of Ordinance No.
Service and Wholesale District and LI Light 79-03.
Industrial District, to wit: E) Construction. This Agreement shall be
The NE ¼ of the NE ¼, Lot 1 of the SE ¼ of the construed and interpreted as though it were part
NE ¼ and Lot 2 of the SE ¼ of the NE ¼ in of Appendix A of the Code of Ordinances of the
th
Section 25, T89N, R1E of the 5 P.M., and to City of Dubuque, also known as the Zoning
the centerline of the adjoining public right-of-Ordinance of the City of Dubuque, Iowa.
way, all in the City of Dubuque, Iowa. F) This Agreement shall be binding upon the
Section 2. The foregoing amendment has undersigned and his/her heirs, successor and
heretofore been reviewed by the Zoning assignees.
Advisory Commission of the City of Dubuque, ACCEPTANCE OF ORDINANCE NO. 79-03
Iowa. I, Joel Callahan, representing Callahan
Section 3. This ordinance shall take effect Construction, Inc., having read the terms and
immediately upon publication, as provided by conditions of the Ordinance No. 79-03 and being
law, and at such time that the herein described familiar with the conditions thereof, hereby
property is legally annexed into the City of accept this same and agree to the conditions
Dubuque, Iowa. required therein.
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Passed, approved and adopted this 20 day of Dated in Dubuque, Iowa this 20 day of
October, 2003. October, 2003.
Terrance M. Duggan, Mayor /s/ Joel Callahan
Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald
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MEMORANDUM OF AGREEMENT Newspaper the 24 day of October, 2003.
Pursuant to the Iowa Code Section 414.5 /s/Jeanne F. Schneider, CMC, City Clerk
(2001), and as an express condition of rezoning 1t 10/24
of the property described as: Buol moved that the requirement that a
The NE ¼ of the NE ¼, Lot 1 of the SE ¼ of the proposed Ordinance be considered and voted
NE ¼ and Lot 2 of the SE ¼ of the NE ¼ in on for passage at two Council Meetings prior to
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Section 25, T89N, R1E of the 5 P.M.,, and to the meeting at which it is to be finally passed be
the center line of the adjoining public right-of-suspended and further moved final
way, all in the City of Dubuque, Iowa consideration and passage of the Ordinance.
which is the subject of Ordinance No. 79-03, a Seconded by Markham. Motion carried 7-0.
copy of which is attached hereto and
incorporated herein by reference, the
338 Regular Session, October 20, 2003
The Cafaro Company – Request to Amend The following regulations shall apply to all land
Planned Unit Development District: Proof of uses in the above-described PUD District:
publication on notice to hearing to consider a 1) All permitted, conditional, accessory and
request from The Cafaro Company for property temporary uses allowed in the C-3 General
located at 555 John F. Kennedy Road to amend Commercial District as established in Section 3-
the Planned Unit Development with a PC 3.3 of the Zoning Ordinance
Planned Commercial District to require one B) Lot and Bulk Regulations
parking space for every 250 square feet of GLA Development of land in the PUD District shall
(gross leasable area) to allow for an additional be as follows:
82,000 square feet of new GLA and amend the 1) The existing GLA (gross leasable area) of
sign regulations for Kennedy Mall and Zoning the Kennedy Mall is 586,570 square feet, which
Advisory Commission recommending approval, includes tenant storage areas and other areas
presented and read. Buol moved that the proof not accessible to the general public. A
and communication be received and filed. maximum expansion of 82,000 square feet of
Seconded by Michalski. Motion carried 7-0. GLA is allowed. Future expansion(s) may
David DeChristofaro, The Cafaro Company, include all or a portion of the allowed 82,000
explained the specifics of the request. GLA and may take the form of an addition(s) to
An Ordinance amending Appendix A (the the Mall building itself and/or as a new out lot
Zoning Ordinance) of the City of Dubuque Code building.
of Ordinances for the hereinafter described 2) All buildings and structures shall be
property located at 555 John F. Kennedy Road regulated as follows:
and adopting a new Conceptual Development a) Maximum building height shall be 50 feet,
Plan and Ordinance for the Kennedy Mall PUD except the following may exceed the height
Planned Unit Development, presented and read. limit: ornamental towers, domes, spires,
elevator bulkheads, HVAC equipment and
OFFICIAL PUBLICATION
other necessary mechanical equipment and
ORDINANCE NO. 80-03
their protective housings.
AN ORDINANCE AMENDING APPENDIX A
3) All final site development plans shall be
(THE ZONING ORDINANCE) OF THE CITY OF
approved in accordance with the provisions of
DUBUQUE CODE OF ORDINANCES FOR THE
the PUD District regulations of this ordinance
HEREINAFTER DESCRIBED PROPERTY
and Section 3-5.5 of the Zoning Ordinance.
LOCATED AT 555 JOHN F KENNEDY ROAD
C) Performance Standards
AND ADOPTING A NEW CONCEPTUAL
The development and maintenance of uses in
DEVELOPMENT PLAN AND ORDINANCE
this PUD District shall be established in
FOR THE KENNEDY MALL PUD PLANNED
conformance with Section 3-5.5 of the Zoning
UNIT DEVELOPMENT.
Ordinance and the following standards:
NOW, THEREFORE, BE IT ORDAINED BY 1) The parking requirement for in the
THE CITY COUNCIL OF THE CITY OF Kennedy Mall PUD District shall be one space
DUBUQUE, IOWA: per 250 square feet of gross leasable area
Section 1. That Appendix A (the Zoning accessible to the general public.
Ordinance) of the City of Dubuque Code of 2) A minimum of 2,675 parking spaces shall
Ordinances is hereby amended by adopting a be provided at the Kennedy Mall after
new conceptual development plan, a copy of construction of the maximum expansion(s) of
which is attached to and made a part hereof, 82,000 square feet.
and Planned Unit Development Ordinance for 3) Adequate illumination shall be provided to
the Kennedy Mall, with conditions as stated areas used for vehicle and pedestrian
below, to wit: circulation. New outdoor light fixtures shall be of
Lot 1 of Lot 2 of Lot 2 of Clinque, Inc. Addition, a cut-off design and utilize a minimum of a 90-
and Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of degree cut-off luminaire.
Hawkeye Stock Farm, and to the centerline of 4) Final site development plans shall be
the adjoining public right-of-way, all in the City of submitted in accordance with Section 4-4 of the
Dubuque, Iowa. Zoning Ordinance of the City of Dubuque, Iowa,
Section 2. Pursuant to Iowa Code Section prior to construction of any buildings.
414.5 (2001), and as an express condition of the D) Sign Regulations.
reclassification, the undersigned property owner Signs in the PUD District shall be regulated as
agrees to the following conditions, all of which follows:
the property owner further agrees are 1) The provisions of the C-3 General
reasonable and imposed to satisfy the public Commercial District sign regulations (Section 4-
needs that are caused directly by the zoning 3.11) of the Zoning Ordinance shall apply unless
reclassification: further regulated by this section.
A) Use Regulations a) The primary shopping center
identification sign adjacent to U.S. Highway 20
Regular Session, October 20, 2003 339
shall be limited to 708 square feet (each side) suspended and further moved final
and a maximum height of 50 feet. consideration and passage of the Ordinance.
2) Variance requests from sign requirements Seconded by Michalski. Motion carried 7-0.
for size, number and height shall be reviewed by
the Zoning Board of Adjustment in accordance Tunnel Easement Agreement – Dubuque Bank
with Section 5-3 of the Zoning Ordinance. and Trust: Proof of publication on notice of
3) Lighting: Signs may be illuminated only by hearing to consider a tunnel easement
means of indirect lighting whereby all light agreement with Dubuque Bank and Trust for
sources and devices are shielded from view by construction of a tunnel to connect two buildings
opaque or translucent materials, or internally on the east and west side of Central Avenue
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illuminated by means of a light source between 13 and 14 Streets and City Manager
completely enclosed by the sign panel. recommending approval, presented and read.
4) Motion: No signs may include any device Cline moved that the proof and communication
or means, mechanical, electrical or natural, be received and filed. Seconded by Connors.
which shall cause motion of the sign panel or Motion carried 7-0.
any part thereof. No flashing lights or changing
RESOLUTION NO. 406-03
colors shall be allowed. Message center signs
DISPOSING OF AN INTEREST IN REAL
are exempt from this provision.
PROPERTY BY EASEMENT TO DUBUQUE
E) Previous Conceptual Plans
BANK & TRUST
1) That all previously approved conceptual
development plans are hereby amended and Whereas, the City of Dubuque, Iowa (City) is
that the attached conceptual plan shall the owner of the following described real
hereinafter regulate the Kennedy Mall Planned property:
Unit Development District. All of City Lot 449; all of City Lot 444; all of City
F) Transfer of Ownership Lot 444C, in the Southeast ¼ of Section 24,
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Transfer of ownership or lease of property in Township 89 North, Range 2 East of the 5
this PUD District shall include in the transfer or P.M., in the City of Dubuque, Iowa, according to
lease agreement a provision that the purchaser the recorded plats thereof, subject to easements
or lessee acknowledges awareness of the and restrictions of record
conditions authorizing the establishment of the Whereas, Dubuque Bank & Trust now desires
PUD District. to obtain an easement through, under, and
G) Modifications. across a portion of said property for the purpose
Any modifications of this Ordinance must be of constructing, using, maintaining, repairing and
approved by the City Council in accordance with reconstructing an enclosed, underground
zoning reclassification proceedings of Section 6 passageway within such easement area, for
of the Zoning Ordinance. passage between properties now owned by
Section 3. The foregoing amendment has Dubuque Bank & Trust; and
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heretofore been reviewed by the Zoning Whereas, on 14 day of October, 2003, the
Commission of the City of Dubuque, Iowa. City Council pursuant to notice published as
Section 4. The foregoing amendment shall required by law held a public hearing on its
take effect upon publication, as provided by law. intent to dispose of the foregoing interest in real
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Passed, approved and adopted this 20 day of property and overruled all objections thereto;
October, 2003. and
/s/Terrance M. Duggan, Mayor Whereas, the City Council finds that it is in the
Attest: /s/Jeanne F. Schneider, CMC, City Clerk best interest of the City to approve the
ACCEPTANCE OF ORDINANCE NO. 80-03 disposition of such real property.
I, Anthony Cafaro, Sr., representing the Cafaro NOW THEREFORE, BE IT RESOLVED BY
Company, property owners, having read the THE CITY COUNCIL OF THE CITY OF
terms and conditions of the foregoing Ordinance DUBUQUE, IOWA:
No. 80-03 and being familiar with the conditions Section 1. The City Council of the City of
thereof, hereby accept the same and agree to Dubuque, Iowa, approves the Tunnel Easement
the conditions required therein. Agreement attached hereto for the purchase
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Dated this 16 day of October, 2003. price of one dollar ($1.00), plus platting,
/s/ Anthony Cafaro, Sr. publication and filing fees and the Mayor is
Published officially in the Telegraph Herald hereby authorized and directed to sign this
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Newspaper the 24 day of October, 2003. resolution and the Tunnel Easement Agreement.
Jeanne F. Schneider, CMC, City Clerk Section 2. That the conveyance of said Tunnel
1t 10/24 Easement Agreement be contingent upon
Buol moved that the requirement that a Dubuque Bank & Trust
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proposed Ordinance be considered and voted Passed, approved and adopted this 20 day of
on for passage at two Council Meetings prior to October, 2003.
the meeting at which it is to be finally passed be Terrance M. Duggan, Mayor
340 Regular Session, October 20, 2003
Attest: Jeanne F. Schneider, CMC, City Clerk copy of this resolution in the offices of the City
Cline moved adoption of the Resolution. Assessor, Dubuque County Recorder and
Seconded by Connors. Motion carried 7-0. Dubuque County Auditor.
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Passed, approved and adopted this 20 day of
Vacating Petition – John F. Kennedy Road October, 2003.
Easement: Proof of publication on notice of Terrance M. Duggan, Mayor
hearing to consider disposing of City interest Attest: Jeanne F. Schneider, CMC, City Clerk
and vacating a portion of the John F. Kennedy Buol moved adoption of the Resolution.
roadway and utility easement to Grand View Seconded by Cline. Motion carried 7-0.
United Methodist Church and City Manager
recommending approval, presented and read. General Obligation Capital Loan Notes: Proof
Buol moved that the proof and communication of publication on notice of hearing to consider
be received and filed. Seconded by Cline. the issuance of not to exceed $500,000 General
Motion carried 7-0. Obligation Capital Loan Notes to support the
Adams Company expansion project at the
RESOLUTION NO. 407-03
Dubuque Industrial Center West and City
RESOLUTION DISPOSING OF INTEREST
Manager recommending approval, presented
AND VACATE A PORTION OF THE JOHN F.
and read. Cline moved that the proof and
KENNEDY ROADWAY AND UTILITY
communication be received and filed.
EASEMENTOVER LOT 1 AND LOT 2 OF
Seconded by Connors. Motion carried 7-0.
BARTON RANDLE ADDITION IN THE CITY
OF DUBUQUE, DUBUQUE COUNTY, IOWA
RESOLUTION NO. 408-03
Whereas, pursuant to resolution and published
RESOLUTION INSTITUTING PROCEEDINGS
notice of time and place of hearing, published in
TO TAKE ADDITIONAL ACTION FOR THE
the Telegraph Herald, a newspaper of general
AUTHORIZATION OF A LOAN AGREEMENT
circulation published in the City of Dubuque,
AND THE ISSUANCE OF NOT TO EXCEED
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Iowa on this 10 day of October, 2003, the City
$500,000 GENERAL OBLIGATION CAPITAL
Council of the City of Dubuque, Iowa met on the
LOAN NOTES
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20 day of October, 2003, at 6:30 p.m. in the
WHEREAS, pursuant to notice published as
Public Library Auditorium, 360 West 11 Street,
required by law, this Council has held a public
Dubuque, Dubuque County, Iowa to consider
meeting and hearing upon the proposal to
the proposal for the release of real estate
institute proceedings for the authorization of a
described as:
Loan Agreement and the issuance of not to
A Portion of the John F. Kennedy Roadway
exceed $500,000 General Obligation Capital
and Utility Easement on Lot 1 and Lot 2 of
Loan Notes, for the purpose of paying costs of
Barton Randle Addition in the City of Dubuque,
aiding in the planning, undertaking and carrying
Dubuque County, Iowa, as shown on the
out of urban renewal project activities under the
Attached Exhibit A
authority of Chapter 403 of the Iowa Code and
Whereas, the City Council of the City of
the Amended and Restated Urban Renewal
Dubuque, Iowa overruled any and all objections,
Plan for the Dubuque Industrial Center
oral or written to the proposal to dispose of
Economic Development District, including those
interest of the City of Dubuque, Iowa, in the
costs associated with the funding of an
hereinabove described real estate.
economic development grant to the Adams
NOW, THEREFORE, BE IT RESOLVED BY
Company under the Development Agreement
THE CITY COUNCIL OF THE CITY OF
dated May 19, 2003 between the City and said
DUBUQUE, IOWA:
developer, and no petition was filed calling for a
Section 1. That the disposal of the interest of
referendum thereon and the Council has
the City of Dubuque, Dubuque County, Iowa, in
considered the extent of objections received
real property described as A Portion of the John
from residents or property owners as to said
F. Kennedy Roadway and Utility Easement on
proposal and, accordingly the following action is
Lot 1 and Lot 2 of Barton Randle Addition in the
now considered to be in the best interests of the
City of Dubuque, Iowa as shown on Exhibit A be
City and residents thereof:
and the same is hereby approved for the cost of
NOW, THEREFORE, BE IT RESOLVED BY
publication and filing fees.
THE CITY COUNCIL OF THE CITY OF
Section 2. That the Mayor be authorized and
DUBUQUE, IOWA:
directed to execute a Release of Easement, and
Section 1. That this Council does hereby
the City Clerk be and is hereby authorized and
institute proceedings and take additional action
directed to deliver said Release to Grand View
for the authorization of a Loan Agreement and
United Methodist Church upon receipt of the
issuance in the manner required by law of not to
above fees.
exceed $500,000 General Obligation Capital
Section 3. That the City Clerk be and is hereby
authorized and directed to record a certified
Regular Session, October 20, 2003 341
RESOLUTION NO. 410-03
Loan Notes, to evidence the obligation thereof
AWARD OF CONTRACT
for the foregoing purpose.
Section 2. The Clerk and Finance Officer are WHEREAS, the Eagle Point Water Plant
authorized and directed to proceed on behalf of Chemical Compound Building Project has been
the City with the negotiation of terms of a Loan budgeted and
Agreement and the issuance of General WHEREAS, Kluck Construction Company of
Obligation Capital Loan Notes, evidencing the Dubuque, Iowa has submitted to the City an
City's obligations to a principal amount of not to agreement to conduct construction services of
exceed $500,000, to select a date for the final this improvement in the amount of $35,848.36.
approval thereof, to cause to be prepared such WHEREAS, Funds have been legally
notice and sale information as may appear appropriated for this expenditure.
appropriate, to publish and distribute the same NOW THEEFORE, BE IT RESOLVED BY
on behalf of the City and this Council and THE CITY COUNCIL OF THE CITY OF
otherwise to take all action necessary to permit DUBUQUE, IOWA:
the completion of a loan on a basis favorable to Section 1. That the City Manager be
the City and acceptable to the Council. authorized to execute the agreement for
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Passed, approved and adopted this 20day of construction services with Kluck Construction
October, 2003. Company of Dubuque, Iowa dated October 9,
Terrance M. Duggan, Mayor 2003 for the renovation of the Chemical
Attest: Jeanne F. Schneider, City Clerk Compound Wall and Roof Replacement Project
Cline moved adoption of the Resolution. at the Eagle Point Water Plant.
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Seconded by Connors. Motion carried 7-0. Passed, adopted and approved this 20 day of
October 2003.
Eagle Point Water Plant Chemical Compound Terrance M. Duggan, Mayor
and Roof Addition Project: Proofs of publication Attest: Jeanne F. Schneider, City Clerk
on notice of hearing on plans and specifications Markham moved adoption of the Resolution.
and notice to bidders on the receipt of bids, and Seconded by Cline. Motion carried 7-0.
City Manager recommending award of the
contract for the Eagle Point Water Plant Eagle Point Water Plant ADA Renovation
Chemical Compound and Roof Addition Project Project: Proofs of publication on notice of
to Kluck Construction Company, presented and hearing on plans and specifications and notice
read. Markham moved that the proof and to bidders on the receipt of bids, and City
communication be received and filed. Manager recommending rejection of the bids
Seconded by Cline. Motion carried 7-0. received for the Eagle Point Water Plant ADA
Renovation Project, presented and read. Cline
RESOLUTION NO. 409-03
moved that the proof and communication be
RESOLUTION ADOPTING
received and filed and recommendation
PLANS AND SPECIFICATIONS
approved. Seconded by Michalski. Motion
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WHEREAS, on the 15 day of September, carried 7-0.
2003 plans, specifications, form of contract and
RESOLUTION NO. 411-03
estimated cost were filed with the City Clerk of
RESOLUTION RESCINDING RESOLUTION
Dubuque, Iowa for the renovation of the
NO. 333-03 PRELIMINARY APPROVAL OF
Chemical Compound Building located at the
THE PLANS AND SPECIFICATIONS FOR THE
Eagle Point Water Plant at 1902 Hawthorne
RENOVATION OF THE EAGLE POINT
Street, Dubuque, Iowa.
WATER PLANT AT 1902 HAWTHORNE
WHEREAS, notice of hearing on plans,
STREET, DUBUQUE IOWA, TO THE
specifications, form of contract and estimated
AMERICAN DISABILITY ACT STANDARDS
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY Whereas, an advertisement for bids for the
THE CITY COUNCIL OF THE CITY OF renovation of the Eagle Point Water Plant at
DUBUQUE, IOWA: 1902 Hawthorne Street to comply with the
Section 1. The said plans, specifications, form American Disability Act Standards was
of contract and estimated cost are hereby published on September 19, 2003; and
approved as the plans, specifications, form of Whereas, the City Council deemed it advisable
contract and estimate cost of said improvement to reject all bids received, abandon the project
for said project. and re-bid the project at a later date.
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Passed, adopted and approved this 20 day of NOW, THEREFORE, BE IT RESOLVED BY
October 2003. THE CITY COUNCIL OF THE CITY OF
Terrance M. Duggan, Mayor DUBUQUE, IOWA:
Attest: Jeanne F. Schneider, City Clerk That Resolution No. 333-03, Preliminary
Markham moved adoption of the Resolution. Approval of Plans and Specifications for the
Seconded by Cline. Motion carried 7-0. renovation of the Eagle Point Water Plant to
342 Regular Session, October 20, 2003
American Disability Act Standards Project be that the communication be received and filed.
rescinded and that said project be re-bid at a Seconded by Markham. Motion carried 7-0.
later date.
Passed, approved and adopted this 20 day of An Ordinance Amending the City of Dubuque
October, 2003. Code of Ordinances Section 32-432
Terrance M. Duggan, Mayor Unauthorized Removal of Vehicle by adding the
Attest: Jeanne F. Schneider, City Clerk requirement of payment of an administrative fee
Cline moved adoption of the Resolution. to the City of Dubuque before an impounded
Seconded by Michalski. Motion carried 7-0. vehicle can be removed from a facility where it is
being held, presented and read.
Michalski moved that the rules be reinstated
OFFICIAL PUBLICATION
limiting discussion to the Council. Seconded by
ORDINANCE NO. 81-03
Cline. Motion carried 7-0.
AMENDING THE CITY OF DUBUQUE CODE
ACTION ITEMS OF ORDINANCES SECTION 32-432
UNAUTHORIZED REMOVAL OF VEHICLE BY
ADDING THE REQUIREMENT OF PAYMENT
Establishment of the Warehouse
OF AN ADMINISTRATIVE FEE TO THE CITY
Neighborhood Demolition District:
OF DUBUQUE BEFORE AN IMPOUNDED
Communication from the Historic Preservation
VEHICLE CAN BE REMOVED FROM A
Commission recommending City Council
FACILITY WHERE IT IS BEING HELD
approval of an amendment to the Demolition
District Ordinance that would establish the NOW, THEREFORE, BE IT ORDAINED BY
Warehouse Neighborhood Demolition District, THE CITY COUNCIL OF THE CITY OF
and an Ordinance Amending Chapter 11 DUBUQUE, IOWA:
(Building Regulations) of the City of Dubuque Section 1 Sec. 32-432. Unauthorized Removal
Code of Ordinances by amending Section 11-Of Vehicle:
4(a) by creating the Warehouse Neighborhood (a) It shall be unlawful for any person to remove
Demolition District, presented and read. a vehicle from the facility where it is being held
Chris Wand, Chair of the Historic Preservation without the prior payment of accrued fines and
Commission, spoke stating that the Historic costs for each outstanding violation, towing,
Preservation Commission would review preservation and storage charges, and a City
demolition requests but the City Council would administrative fee of $20 payable to the City of
approve. Dubuque resulting from placing the vehicle in
Darren Harmon, on behalf of Jeld-Wen, spoke custody and the costs of the notice required
against the establishment of the district, citing pursuant to Section 32-431.
premature action as no economic feasibility (b) The Chief of Police is authorized to
study had been done. summarily reimpound any vehicle removed in
Michalski moved that this item be tabled and violation of this Section. (1976 Code, § 25-392);
referred back to the Historic Preservation and
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Commission. Seconded by Nicholson. Motion Passed, approved and adopted this 20 day of
carried 7-0. October .
/s/Terrance M. Duggan, Mayor
Freedom Ridge Estates – Preliminary Plat: Attest: /s/Jeanne F. Schneider, CMC, City Clerk
Zoning Advisory Commission recommending Published officially in the Telegraph Herald
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approval of the preliminary plat of Freedom Newspaper the 24 day of October, 2003.
Ridge Estates located on the north side of /s/Jeanne F. Schneider, CMC, City Clerk
Oakland Farms Road in Dubuque County as 1t 10/24
requested by John and Tina Perry, presented Buol moved that the requirement that a
and read. proposed Ordinance be considered and voted
Mr. Perry spoke requesting approval. on for passage at two Council Meetings prior to
Markham moved that the communication be the meeting at which it is to be finally passed be
received and filed and approved suspended and further moved final
recommendation. Seconded by Connors. consideration and passage of the Ordinance.
Motion carried 7-0. Seconded by Markham. Motion carried 7-0.
Administrative Fee – Police Authorized Vehicle Purchase of Real Estate at 1911 Windsor
Impoundments: City Manager recommending Avenue: City Manager recommending approval
approval of an amendment to the Code of of the purchase of a single-family dwelling
Ordinances to provide for a $20.00 located at 1911 Windsor Avenue, presented and
administrative fee for the towing and read. Cline moved that the communication be
impoundment of vehicles by the Police received and filed. Seconded by Nicholson.
Department, presented and read. Buol moved Motion carried 7-0.
Regular Session, October 20, 2003 343
RESOLUTION NO. 412-03 OFFICIAL PUBLICATION
A RESOLUTION APPROVING THE ACQUISI-ORDINANCE NO. 82-03
TION OF REAL ESTATE LOCATED AT 1911 ORDINANCE AMENDING SECTION 32-262(d)
WINDSOR AVENUE, INTHE CITY OF OF THE CODE OF ORDINANCES OF THE
DUBUQUE CITY OF DUBUQUE, IOWA, PROHIBITING
PARKING ON DESIGNATED STREETS OR
WHEREAS,The City of Dubuque has a
PORTIONS THEREOF ADDING A PORTION
secured interest in a property at 1911 Windsor
OF ROCKDALE ROAD AND KEY WEST
Avenue;and
, DRIVE
WHEREASthis interest is subordinate to a
first mortgage and will be otherwise lost due to a NOW THEREFORE, BE IT ORDAINED BY
legal action to cause forfeiture. 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 Code of Ordinances of the
DUBUQUE, IOWA: City of Dubuque, Iowa, is amended by deleting
Section 1. That the City of Dubuque hereby from Subsection (d) of Section 32-262 the
approves the acquisition of the following legally following:
described property: Rockdale Road, east side, from Marjo (Quarry)
Lot 2 of the Subdivision of Lot 22 in Cook’s Road to Fox Drive.
Addition, in the City of Dubuque, County of Section 2. That the Code of Ordinances of the
Dubuque, Iowa, according to the recorded plat City of Dubuque, Iowa, is amended by adding to
thereof. Subsection (d) of Section 32-262 the following:
At the cost of Fifty-Two Thousand, Six Rockdale Road, both sides, from South
Hundred Eighty Five dollars ($52,685.00) Grandview Avenue to a point one hundred
Section 2. That the City of Dubuque be and is eighty feet (180’) south of Kehl Court and from
hereby authorized and directed to accept a Quit Maquoketa Drive to a point six hundred feet
Claim deed from the owner, conveying the (600’) south of Fox Drive.
owner’s interest to the City of Dubuque, Iowa for Key West Drive, both sides, from Maquoketa
the herein described real estate. Drive to the southerly City limit.
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Section 3. That the City Clerk be and she is Passed, approved and adopted this 20 day of
hereby authorized and directed to cause said October, 2003.
Quit Claim Deed to be recorded in the office of Terrance M. Duggan, Mayor
the Dubuque County Recorder, together with Attest: Jeanne F. Schneider, CMC, City Clerk
certified copy of this Resolution. Published officially in the Telegraph Herald
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Section 4. That the City Clerk be and she is newspaper this 24 day of October, 2003.
hereby directed to forward a copy of this Jeanne F. Schneider, City Clerk
Resolution to the Dubuque County Assessor 1t 10/24
and the Dubuque County Auditor. Buol moved that the requirement that a
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Passed, approved and adopted this 20 day of proposed Ordinance be considered and voted
October, 2003. on for passage at two Council Meetings prior to
Terrance M Duggan, Mayor the meeting at which it is to be finally passed be
Attest: Jeanne F. Schneider, City Clerk suspended and further moved final
Cline moved adoption of the Resolution. consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0. Seconded by Connors. Motion carried 7-0.
Key West Drive Signage / Parking: City An Ordinance amending the Code of
Manager recommending that parking be Ordinances of the City of Dubuque, Iowa, by
prohibited on both sides of Key West Drive from modifying Subsection (b) of Section 32-214
Maquoketa Drive to the southerly City limits and thereof providing for the addition of stop signs
that the existing stop signs at this intersection be on Key West Drive and Rockdale Road,
added to the City’s Code of Ordinances, presented and read.
presented and read. Buol moved that the
OFFICIAL PUBLICATION
communication be received and filed. Seconded
ORDINANCE NO. 83-03
by Connors. Motion carried 7-0.
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE,
An Ordinance amending Section 32-262(d) of
IOWA, BY MODIFYING SUBSECTION (b) OF
the Code of Ordinances of the City of Dubuque,
SECTION 32-214 THEREOF PROVIDING FOR
Iowa, prohibiting parking on designated streets
THE ADDITION OF STOP SIGNS ON KEY
or portions thereof by adding a portion of
WEST DRIVE AND ROCKDALE ROAD
Rockdale Road and Key West Drive, presented
and read. NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
344 Regular Session, October 20, 2003
Section 1. That the Code of Ordinances of the
City of Dubuque, Iowa, is amended by adding Approved:__________________________2003
Rockdale Road and Maquoketa Drive and Key
West Drive and Maquoketa Drive to Subsection Adopted:___________________________2003
(b) of Section 32-214 thereof as follows:
“Sec. 32-214. Stop Intersections.
(b) ______________________________________
* * * * Mayor
Northbound
Key West Drive and Maquoketa Drive ______________________________________
Southbound
Rockdale Road and Maquoketa Drive ______________________________________
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Passed, approved and adopted this 20 day of
.
October, 2003______________________________________
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk ______________________________________
Published officially in the Telegraph Herald
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newspaper this 24 day of October, 2003. ______________________________________
Jeanne F. Schneider, City Clerk
1t 10/24 ______________________________________
Buol moved that the requirement that the Council Members
proposed Ordinances be considered and voted
on for passage at two Council Meetings prior to Attest:
the meeting at which they are to be finally
passed be suspended and further moved final ______________________________________
consideration and passage of the Ordinances. City Clerk
Seconded by Connors. Motion carried 7-0.
At 11:15 P.M. Markham moved to go into
Closed Session re: Property Acquisition –
Chapter 21.5(1)(j) 2003 Code of Iowa and
Collective Bargaining Strategy – Chapter
20.17(3) 2003 Code of Iowa. Seconded by
Buol. Motion carried 7-0.
At 11:44 P.M. Council reconvened Regular
Session stating that staff had been given proper
direction.
There being no further business, Markham
moved to adjourn. The meeting adjourned at
11:45 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 10/29
Special Session, October 30, 2003 345
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, Thursday,
October 30, 2003
Approved:__________________________2003
Council met at 6:30 P.M. in the Public Library
Auditorium
Adopted:___________________________2003
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
______________________________________
Nicholson, City Manager Van Milligen,
Mayor
Corporation Counsel Lindahl.
______________________________________
Mayor Duggan read the call and stated this is
a special session of the City Council called for
______________________________________
the purpose of discussing the Fiscal Year 2004
budget.
______________________________________
Staff explained the sources and uses of funds
______________________________________
for the Fiscal Year 2005 budget, including the
use of funds in the operating budget and in the
______________________________________
capital budget. The source of funds for the
Fiscal Year 2004 adopted budget was also
______________________________________
reviewed.
Council Members
There being no further business, Buol moved
Attest:
to adjourn. Seconded by Michalski. Motion
carried 7-0. The special session adjourned at
______________________________________
7:24 p.m.
City Clerk
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 11/10