1999 March Council ProceedingsSpecial Session, March 1, 1999
74
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Monday, Mamh 1, 1999, Special
Session, Council Met at 5:45 P.M.
Public Library Auditorium
Present: Mayor Duggan, Council
Members Buol, Markham, Michals~,
Nicholson, Robbins. Absent: Council
Member Voetberg.
There was a discussion and
presentation by W.H.K.S. & Co.
representatives and City Staff on the
design for opening Eighth Street and
work on the Town Clock Plaza.
There being no further business,
meeting adjourned at 6:59 p.m.
/si MaryA. Davis CMC
City Clerk
Approved ,~ '~ ,1999
Adopted ~'~-1,~ ~/7 , 1999
CEuncit Members - ~ ~
75 Regular Session, March 1, 1999
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, Monday, March 1,
1999
Council Met at 7:00 P.M., Public
Library Auditorium
Present: Mayor Duggan, Council
Members Buol, Markham, MJchaisld,
Nicholson, Robbins, Voetberg (via
electronic means), City Manager
Michael Van Milligen, Corporation
Counsel Barry A. LindahL
Mayor E~uggan read the call and
stated this is the Regular Session of
the City Council called for the purpose
to act upon such business which may
propedy come before the Council.
Invocation was given by Sister
Gabdelle Hoefer, Hospital Chaplain,
Mercy Medical Center.
MINUTES SUBMITTED -- Cable TV
Regulatory Commission of 2-10; Civil
Service Commission of 2-15; Five
Flags Commission of 2-15; Human
Rights Commission of 1-18; Plumbing
Board of 2-9; Zoning Advisory
Commission of 2-4 & 17, presented
and read. Buol movedthat the minutes
be received and tiled. Seconded by
Robbins. Motion carried 7-0.
Proof of Publication on Notice of
publishing City of Dubuque calendar
year 1998 salaries, presented and
read. Buol moved that the proof be
received and filed. Seconded by
Rabbins. Motion carried 7-0.
NOTICE OF CLAIMS/SUiTS:
Waste Systems of N.A. Inc, in amount
of $3,998.21 for vehicle damages; Dr.
& Mrs. William J. Dali in amount of
$60.15 for property damages; Timothy
Kelly in amount of $208.11 for vehicle
damages; Ricky Meyer in amt. of
$2,500 plus medical costs for personal
injuries; Thomas O. Nesler in amount
of $802.44 for vehicle damages;
Sernadine Schmid in undetermined
amount for personal injuries, presented
and read. Buol moved that the claims
and suits be referred to the Legal Staff
for investigation and report. Seconded
by Robbins. Motion carried 7~0.
Corporation Counsel advising
following claims have been referred to
Public Entity Risk Services of iowa, the
agent for the Iowa Commun~es
Assurance Pool: Vehicle damage of
Emily Sa[is; Vehicle damage of Fred
Brenke, Jr; Vehicle damage of Jack B.
Crahan; Personal injury of Christina
Schiessl; Vehicle damage of Terrence
L. Schmidt; Vehicle damage of Jeff J.
Vandermillen; Corporation Counsel
advising the claim of Janice and
Michael McCla[n has been further
foP~rarded for a defense, presented and
read. Buol moved that the
communication be received and flied.
Seconded by Robbins. Motion carried
7-0.
Corporation Counsel recommending
settlement of property damage claim of
Mariyn J. Langevin in amount of
$328.00 and Finance Director to issue
check, presented and read. Buol
moved that the communication be
received and filed and recommendation
approved. Seconded by Robbins.
Motion carded 7-0.
Mm. Eugene Plumley, Sr. expressing
concerns on the law regarding parking
RV's on their own property, presented
and read. Michaisld moved that the
communication be received and flied.
Seconded by Buol. Motion carried 7-0.
City Manager recommending
adoption of Supplement No. 39 to the
Code of Qrdinances, presented and
read. Buol moved that the
communication be received and filed.
Seconded by Robbins. Motion carried
RESOLUTION NO. 93-99
ADOPTING SUPPLEMENT NO. 39 TO
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
Whereas, under date of Ju~y 17,
1989, the C~ Council, pursuant to
Ordinance No. 34-89, readopted the
Code of Ordinances of the City of
Dubuque, Iowa for ordinances adapted
up to and including December 19,
1985; and
Whereas, since December 19, 1988
the C~ Council of the City of Dubuque,
iowa has adopted certain ordinances
amending the Code of Ordinances and
said amendments have been printed as
supplements to the Code of
Ordinances; and
Whereas, Section 380.8 of the Code
of Ordinances provides that
supplements by resolution, become
Regular Session, March 1, 1999
76
part of the Code of Ordinances.
NOW THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Supplement No. 39
of the Code of Ordinances of the City
of Dubuque, Iowa, covering Ordinances
through Ordinance No. 3-99 enacted
through January 4, 1999 and prepared
by the Steding Cod[tiers, Inc, Weiser,
ID hereto tiled in the Office of the City
Clerk of the City of Dubuque, iowa be
and is hereby adopted and becomes
par~ of the Code of Ordinances of the
City of Dubuque, Iowa.
Passed, approved and adopted this
1st day of March, 1999.
Terrence M. Duggan, Mayor
Attest MaryA. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7~0.
Dubuque Metropolitan Area Solid
Waste Agency advising of their intent
to explore the feasibility of expanding
its service area and requesting
response from City of Dubuque Staff
regarding the ability and willingness to
treat additional leachate, presented
and read. Buol moved that this matter
be referred to the City Manager.
Seconded by Robbins. Motion carded
7-0.
Iowa DOT advising of letting of a
project in Apdl to reconstruct U.S. 61
southbound exit ramp to Kerper
Boulevard/Dubuque Greyhound Park
and Casino and copy of letter from City
Manager to IDOT requesting
consideration be given to minimize
length of closure for project concerning
entrance to Greyhound Park,
presented and read. Buol moved that
the communications be received and
filed. Seconded by Robbins. Motion
carried 7-0.
John Whalen requesting that the
Landlord Housing Code stay intact,
presented and read. Buol moved that
the communication be received and
flied. Seconded by Robbins. Motion
carded 7-0.
Attorney Arthur GilJoon, on behalf of
Tugboat Willy, requesting approval of
lease between Dubuque Yacht Basin
and Tugboat Wil~y's Inc. to operate a
restaurant formedy known as the
Wheelhouse, presented and read.
Buol moved that this matter be referred
to the City Manager and Staff.
Seconded by Robbins. Motion carried
DRA requesting amendment to their
1999 C[P Schedule, to allow for a
racetrack surface replacement project
to proceed at a cost that exceeded the
original CIP Schedule; City Manager
recommending approval of request
from DRA, presented and read. Buol
moved that the communications be
received and filed and approved
recommendation. Seconded by
Robbins. Motion carried 7-0.
February 15, 1999
Honorable Mayor and Members of
the City Council
In accordance with Chapter 400 of
the 1997 Code of Iowa, as amended,
an entry level examination was held for
the pos~on of AQUATICS AND
THERAPEUTIC RECREATION
SUPERVISOR for the Leisure Services
Department.
We hereby certify that the following
individuals have passed this written
examination and the vacancy for this
)osifion should be made from this list.
We further state that this list is good for
two (2) years from above date.
AQUATICS AND THERAPEUTIC
REOREATION SUPERVISOR
Angela Novak Jana Lukens
Jason Krepti Sara Meints
Mary Ctimmins Brandi Haiterman
Donna Thomas
Respectfully submitted,
Is/Mede J. Duehr, Jr., Chairperson
Isl Loras J. Kluesner
CMl Service Commission
Buol moved that this above Civil
Service certifica~Jon be made a matter
of record. Seconded by Robbins.
Motion carried 7-0.
City Manager recommending
acceptance of Patent Deeds for IDOT
Properties, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Robbins. Motion carded 7-0.
RESOLUTION NO. 94-99
A RESOLUTION ACCEPTING
CONVEYANCE OF CITY LOT 307A IN
THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA AS SHOWN ON
RIGHT-OF-WAY PLAT EXHIBIT "A"
Whereas, the City of Dubuque in
consideration of the payment of
$2,650.00 purchased City Lot 307A in
the City of Dubuque, Dubuque County,
Iowa, a,s .shown on right-of-way plat
Exhibit A attached hereto and by
reference made a part hereof; and
77
Regular Session, March 1, 1999
Whereas, the State of Iowa has
executed patent ¢f4668 conveying said
property to the City of Dubuque, Iowa.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIl_
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council of
the City of Dubuque, Iowa hereby
approves of, accepts, and consents to
patent ~f'4668 from the Iowa
Department of Transportation
conveying City Lot 307A in the City of
Dubuque, Dubuque County, Iowa, as
shown on right-of-way plat Exhibit 'A'
attached hereto.
· Section 2. Thatthe City Clerk be and
is hereby authorized and directed to file
a copy of this resolution in the office of
the Recorder, in and for Dubuque
County, Iowa.
Passed, approved and adopted this
1st day of March, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 95-99
A RESOLUTION ACCEPTING
CONVEYANCE OF CITY LOT 500B
AND CITY LOT 500C IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY,
IOWA AS SHOWN ON RIGHT-OF-
WAY PLAT EXHIBIT "A"
Whereas, the City of Dubuque, in
consideration of the payment of $1.00
purchased City Lot 500B and CH Lot
500C in the City of Dubuque, Dubuque
County, Iowa, as shown on fight-of-way
plat Exhibit 'A" attached hereto and by
reference made a part hereof; and
Whereas, the State of iowa has
executed patent ¢t4667 conveying said
property to the City of Dubuque, Iowa.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOW,A:
Section 1. That the City Council of
the City of Dubuque, Iowa hereby
approves of, accepts, and consents to
patent -,'~-t4667 from the Iowa
Department of Transportation
conveying City Lot 500B and City Lot
500C in the City of Dubuque, Dubuque
County, Iowa, as shown on right-of-way
plat Exhibit "A" attached hereto·
Section 2. That the City Clerk be
and is hereby authorized and directed
to file a copy of this resolution in the
office of the Recorder, in and for
Dubuque County, Iowa.
Passed, approved and adopted this
1st day of March, 1999.
Torrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 96-99
A RESOLUTION ACCEPTING
CONVEYANCE OF CITY LOT 500A IN
THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA AS SHOWN ON
RIGHT-OF-WAY PLAT EXHIBIT "A"
Whereas, the City of Dubuque, in
consideration of the payment of
$9,750.00 purchased City Lot 500A in
the City of Dubuque, Dubuque County,
Iowa, as shown on right-of-way plat
Exhibit 'A' attached hereto and by
reference made a part hereof;, and
Whereas, the State of Iowa has
executed patent ,~4670 conveying said
property to the City of Dubuque, Iowa.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Sec'don 1. That the City Council of
the City of Dubuque, Iowa hereby
appmvss of, accepts, and consents to
patent ¢-~4670 from the Iowa
Department of Transportation
conveying City Lot 500A in the City of
Dubuque, Dubuque County, Iowa, as
shown on right-of-way plat Exhibit "A"
attached hereto.
Section 2. That the City Clerk be and
is hereby authorized and directed to file
a copy of this resolution in the office of
the Recorder, in and for Dubuque
County, Iowa.
Passed, approved and adopted this
1 st day of March, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, CH Clerk
Buol moved adoption of the
rasolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 97-99
A RESOLUTION ACCEPTING
CONVEYANCE OF CITY LOT 500D IN
THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA AS SHOWN ON
RIGHT-OF-WAY PLAT EXHIBIT "A"
Whereas, the City of Dubuque, in
consideration of the payment of
$4,900.00 purchased City Lot 500D in
the City of Dubuque, Dubuque County,
Iowa, as shown on right-of-way plat
Exhibit 'A" attached hereto and by
reference made a par[ hereo~ and
Whereas, the State of Iowa has
executed patent ¢~t4671 conveying said
property to the City of Dubuque, Iowa.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
Reqular Session, March 1, 1999
78
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council of
the City of Dubuque, Iowa hereby
approves of, accepts, and consents to
patent ~4671 from the Iowa
Department of Transportation
conveying City Lot 500D in the City of
Dubuque, Dubuque County, Iowa, as
shown on right-of-way plat Exhibit "A"
attached hereto.
Section 2. That the City Clerk be and
is hereby authorized and directed to file
a copy of this resolution in the office of
the Recorder, in and for Dubuque
County, iowa.
Passed, approved and adopted this
1st day of March, 1999.
Torrance M. Duggan, Mayor
Attest: Map/A: Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 98-99
A RESOLUTION ACCEPTING
CONVEYANCE OF CITY LOT 303A IN
THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA AS SHOWN ON
RIGHT-OF-WAY PLAT EXHIBIT "A"
Whereas, the City of Dubuque, in
consideration of the payment of
$41,000.00 purchased City Lot 303A in
the City of Dubuque, Dubuque County,
Iowa, as shown on right-of-way plat
Exhibit "A" attached hereto and by
reference made a part hereof,, and
Whereas, the State of Iowa has
executed patent #4711 conveying said
property to the City of Dubuque, iowa.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council of
the City of Dubuque, Iowa hereby
approves of, accepts, and consents to
patent #-4711 from the Iowa
Department of Transportation
conveying City Lot 303A in the City of
Dubuque, Dubuque County, Iowa, as
shown on right-of-way plat Exhibit "A"
attached hereto.
Section 2. That the City Clerk be and
is hereby authorized and directed to
a copy of this resolution in the office of
the Recorder, in and for Dubuque
County, Iowa.
Passed, approved and adopted this
I st day of March, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
City Manager recommending
approval to publish combined notice for
release of funds for Eagle Window &
Door Project, presented and read.
Buol moved that the communication be
received and tiled. Seconded by
Robbins. Motion carried 7-0.
RESOLUTION NO. 99-99
A RESOLUTION AUTHORIZING
PUBLICATION OF A COMBINED
NOTICE OF FINDING OF NO
SIGNIFICANT IMPACT ON THE
ENVIRONMENT AND NOTICE OF
INTENT TO REQUEST RELEASE OF
FUNDS FOR THE EAGLE WINDOW
& DOOR PROJECT
Whereas, the City of Dubuque
entered into a Grant Agreement for the
Fiscal Year 1999 commencing July 1,
1998, with the U.S. Department of
Housing and Urban Development,
providing for financial assistance to the
City under Title t of the Housing and
Community Development Act of 1974,
as amended; and
Whereas, pursuant to the rules and
regulations as promulgated by the U.S.
Department of Housing and Urban
Development, an environmental review
has been processed for the Eagle
Window & Door project; and
Whereas, based on said
environmental review, the Community
and Economic Development
Department has determined that said
project will have no significant impact
on the environment; and
Whereas, a combined notice of"
Finding of No Significant Impact on the
Environment" and of "intent to Request
Release of Funds" for said project will
be sent by regular mail to various
federal, state and toca[ public
agencies; to the appropriate Regional
Office of the Environmental Protection
Agency, to the HUD Area Office and to
the local news media, individuals and
groups known to be interested and
believed to be appropriate to receive
such a notice; and
Whereas, any and all comments
received as a result of such notice will
be duly considered before proceeding
with a Request for Release of Funds
and Certification.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City C~erk be
and is hereby authorized and directed
to publish a combined Notice of
Finding of No Significant Impact on the
Environment and Notice of Intent to
Request Release of Funds for the
79 Regular Session, March 1, 1999
Eagle Window & Door project and to
make the Environmental Review
Record for said projects available for
public inspection and comment until
5:00 p.m. on March 19, 1999. Such
noitce shall be in the form of Exhibit "A"
attached hereto and made a part
hereof.
Section 2. That the environmental
review record for the project shall be
placed on file in the Office of the City
Clerk where said record may be
examined and copied by any interested
party.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the U.S.
Department of Housing and Urban
Development fifteen (15) days after
publication of appropriate notice a
Request for Release of Funds to
undertake the said project
Section 4. That the Mayor of the City
of Dubuque is hereby authorlzed to
consent to assume the status of a
responsible federal official under the
National Environmental Protection Act,
insofar as the provisions of the said Act
apply to the U.S. Department of
Housing and Urban Development
responsibilifes for review, decision
making, and action assumed and
carried out by the City of Dubuque as
to environmental issues.
Section 5. That the Mayor of the City
of Dubuque is hereby authorized to
consent personarly, in his official
capacity and on behalf of the City of
Dubuque, to accept the jurisdiction of
the federal courts if an acfJon is brought
to enforce responsibilifes in relation to
environmental review, decision making
and action.
Semen 6. That the Mayor of the City
of Dubuque be and he is hereby
authorized and directed to execute a
certification pertaining to the
environmental review procedures.
Passed, approved and adopted this
1st day of March, 1999.
Terrance M. Duggan, Mayor
Attest. MaryA. Davis, City Clerk
Suol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7~0.
City Manager recommending
acceptance of Dubuque Technology
Park Site Grading Project, presented
and read. Buol moved that the
communication be received and filed.
Seconded by Robbins. Motion carried
RESOLUTION NO. 100-99
ACCEPTING IMPROVEMENT
Whereas, the contract for the
Dubuque Technology Park - Site
Grading Completion has been
completed and the City Manager has
examined the work and filed his
certificate stating that the same has
been completed according to the terms
of the contract, plans and
specifications and recommends it
acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Thatthe recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
$338,054.48 in amount equal to the
amount of his contract, less any
retained percentage provided for
therein.
Passed, approved and adopted this
1st day of March, 1999.
Terrance M. Duggan, Mayor
Attest MaryA. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO, 101-99
FINAL ESTIMATE
Whereas, the contract for the
Dubuque Technology Park - Site
Grading Complefion has been
completed and the City Engineer has
submitted his final e~mate showing
the cost thereof including the cost of
estimates, notices and inspec~on and
all miscellaneous costs;
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to
be $338,054.48 and the said amount
shall be paid from General Fund, Sales
Tax Fund, and UDAG Repayment
Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this
1st day of March, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, C~ Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carded 7-0.
City Manager recommending
approval of the Administrative Services
and Financial Agreement for the Delta
Dental Plan, presented and read. Buol
moved that the communication be
Re.qular Session, March ~, 1999
80
received and filed and recommendation
approved. Seconded by Robbins.
Motion carded 7-0.
City Manager recommending
approval of amendment to
ADL/Advanced Data Corem
Development to extend closing to
March 18th, presented and read. Buol
moved that the communication be
received and filed and approved
recommendation. Seconded by
Robbins. Motion carded 7-0.
City Manager recommending
approval of CEBA application for
Cottingham & Butler, presented and
read. Buol moved that the
communication be received and flied.
Seconded by Robbins. Motion carried
RESOLUTION NO. i02-99
A RESOLUTION AUTHORIZING THE
FILING OF A COMMUNITY
ECONOMIC BETTERMENT
ACCOUNT (CEBA) APPLICATION ON
BEHALF OF COTTINGHAM &
BUTLER.
Whereas, COTTINGHAM &
BUTLER, a local insurance services
company, has proposed the expansion
of its existing operations in downtown
Dubuque; and
Whereas, the City Council of
Dubuque, Iowa has considered said
proposal and has determined that the
proposed project wi[l contribute to the
local economy through the creation of
jobs for area residents; and
Whereas, the Iowa Department of
Economic Development's Community
Economic Betterment Account (CEBA)
was designed to assist in the economic
development efforts of local
jurisdictions; and
Whereas, the City of Dubuque, Iowa
is eligible to apply for funding from the
Community Economic Betterment
Account program.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the filing of an
application for paYdcipaflon in the Iowa
Communfb/ Economic Betterment
Account program on behalf of
Cottingham & Butler is approved.
Section 2. That the local match as
identified in the application is hereby
approved.
Section 3. That the Mayor is hereby
authorized and directed to execute and
submit said application to the State of
Iowa Economic Development
Commission together with such
documents as may be required.
Passed, approved, and adopted this
1st day of March, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carded 7-0.
City Manager recommending
approval of Amendment :~2 to
CarteGraph to extend date for closing,
presented and read. Buol moved that
the communication be received and
filed and recommendation approved.
Seconded by Robbins. Motion carried
7-0.
City Manager recommending
approval of right-of-way acquisition with
IDOT on Iowa Highway 32, presented
and read. Buol moved that the
communication be received and filed.
Seconded by Robbins. Motion carded
RESOLUTION NO. 103-99
RESOLUTION APPROVING
COOPERATIVE AGREEMENT WITH
THE IOWA DEPARTMENT OF
TRANSPORTATION RELATING TO
RIGHT-OF-WAY ACQUISITION FOR
THE CONSTRUCTION OF IOWA
HIGHWAY 32 (NORTHWEST
ARTERIAL} FROM JOHN F.
KENNEDY ROAD TO U.S. 52
Whereas, the Iowa Department of
Transportation (LD.O.T.) is proposing
to construct a four-lane divided
highway to be known as Iowa Highway
32 extending from its current terminus
at John F. Kennedy Road to U.S.
Highway 52; and
Whereas, I.D.O.T. has prepared a
project agreement outlining the
respective duties and responsibilities of
each party; and
Whereas, the City Counci] of the City
of Dubuque approves the terms and
condigns of said cooperative
agreement.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Iowa
Department of Transport~on
Agreement No. 98-1-178 consisting of
a project agreement for the acquisition
of right-of-way for the constru~on of
the Iowa Highway 32 (Northwest
Arterial) from John F. Kennedy Road to
U.S. 52, together with the proposed
funding agreement be approved.
81 Regular Session, March 1,1999
Section 2. That the Mayor be
authorized and directed to execute two
(2) copies of the Coopere'dve
Agreement and forward the executed
copies to the Iowa Department of
Transportation.
Passed, approved and adopted this
1st day of March, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 104-99
Whereas, applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and
approved; and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
Ordinances of this City and have tiled
proper bands.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit.
CLASS"B" BEER PERMIT
KMs Wodd P~zza Place KMs World
Pizza Place+(Sunday Sale)
3033 Asbury Rd
GMS Inc Bunker Hill Golf
Course+(Sunday/Outdoor Sale)
2200 Bunker Hill Rd
CLASS "C" BEER PERMIT
Nash Finch Comp.. Econofoodsft-471
+(Sunday Sate) 3355 JFK Rd
Dubuque Discount Gas [nc
Dubuque Discount Gas
+(Sunday Sale) 4110 Dodge St
Molo Oil Cam Big 10 Mart
+(Sunday Sale) 2100 JFK Rd
Passed, approved and adopted this
1st day March, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A Davis, City Clerk
Buol moved adop~on of the
resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 105-99
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the same
have been examined and approved;
and
Whereas, the premises to
occupied by such applicants were
inspected and found to comply with the
State Laws and all City Ordinances
relevant thereto and they have tiled
proper bonds.
NOW, THEREFORE, BE iT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be author[zed to
cause to be issued the following named
applicants a Liquor License.
CLASS 'B' (HOTEL/MOTEL)
BEER/LIQUOR LICENSE
Dubuque Lodging Inc.
Days Inn+(Sunday & Outdoor Sale)
1111 Dodge St
CLASS "C" (COMMERCIAL)
BEER/LIQUOR LICENSE
Fraternal Order of Eagles
Eagles Club +(Sunday Sale)
1175 Century Dr
Dubuque Riverboat Entertainment
Diamond Jo Casino (Sunday/Outside
Sale) 400 E. 3rd St
Marvin J. Rapp Cue Master Limited
+(Sunday Sale) 900 Central Ave
Dubuque Racing Assoc.
DBQ Greyhound Pk/Casino
+(Sunday/Outdoor)
1855 Greyhound Park Dr
Enke Investment Co. Finney's Bar
& Gdil+(Sunday Sale)
2155 Southpark Ct
Hammerheads
Hammerheads BadBilliards
+(Sunday Sale) 2095 Kerper Blvd
Neighbor's Inc. Neighbor's Taps
1899 Rockdale Rd
CLASS "B"ONB) WINE PERMIT
Nash Finch Cam Econofoods
,~471+(Sunday Sale) 3355 JFK Rd
Passed, approved and adopted this
1st day of March, 1999.
Terrence M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carded 7-0.
BOARDS AND COMMISSIONS:
HOUSING CODE APPEALS
BOARD
Two three-year terms which will
expire 1-11-02. Applicants: Tom
Hannah, Robert Sampson. Michalski
moved that Tom Hannan be
reappointed and Robert Sampson
appointed to the Housing Code
appeals Board for terms that will expire
1-11-02. Seconded by Markham.
Motion carried 7-0.
Robbins moved to suspend the rules
to allow anyone present to address the
Council if they so desire.
Proof of publication ced~ed to by
the Publisher on Notice of Public
Heating to consider annexing
Reqular Session, March ;~ 1399
8?
properties as requested by Ronald &
Joann Ludwig and Lawrence and
Katherine Ludwig located west of Peru
Road, south of the Ginger Ridge
subdivision and north of the Terrace
Heights Mobile Home Park, presented
and read. Michalski moved that the
proof be received and filed. Seconded
by Robbins. Motion carried 7-0.
RESOLUTION NO. 106-99
RESOLUTION ANNEXING CERTAIN
PROPERTY TO THE CITY OF
DUBUQUE, IOWA
Whereas, Ronald and Joann Ludwig
, as owners of appreximately 20 acres
of property lying outside the corporate
limits of the City of Dubuque, iowa,
have voluntarily pe~oned for
annexation of said territory to the City
of Dubuque, as shown in Exhibit A; and
Whereas, Lawrence and Kathedne
Ludwig, as owners of appreximate~y
19.8 acres of property lying outside the
corporate limits of the C~ of Dubuque,
Iowa, and Edward D. Tschiggfde, as
contract buyer of said property, have
voluntarily petitioned for annexation of
said territory to the City of Dubuque,
Iowa, as shown in Exhibit A; and
Whereas, Chapter 368 of the Code
of Iowa authorizes the extension of city
limits in situations of this character by
the adoption of a resolution after
notification as required by State
reguJations; and
Whereas, the future growth and
development of the City of Dubuque,
Iowa, make it desirable that said
property be made a part of the City of
Dubuque, Iowa.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the territorial Jimits
of the City of Dubuque, Iowa, be, and
they are hereby extended, to include
property legally described as Lot 2 of
Lot 1 of the SE 1t4 of the SE 1/4 of
Section 2 in Township 89 N Range 2E
of the 5th P.M., and Lot 1 of Lot 1 of
the SE 1/4 of the SE 1/4 of Section 2 in
Township 89 N Range 2E of the 5th
P.M. in Dubuque County, Iowa.
Section 2. That the territory hereby
annexed shall become a part of the
Third Ward, Twelfth Precinct of the City
of Dubuque, Iowa.
Section 3. That the City Clerk shall
file this resolution, all Exhibits and the
petition for voluntary annexation with
the City Development Board of the
State of Iowa.
Passed, approved and adopted this
1st day of March, 1999.
Torrance M. Duggan, Mayor
Attest:. MaryA. Davis, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
Proof of publication ceriJfied to by
the Publisher on Notice of Public
Hearing to consider reclassifying
properties West of Peru Read and
North of Kennedy Court from County A-
1 to PUD for Emerald Acres No. 2,
concurrent with annexation (Lawrence
& Katherine Ludwig with contract to
Tschiggfrie), presented and read.
Nicholson moved that the proof be
received and filed. Seconded by
Robbins. Motion carried 7-0.
Lawrence Ludwig spoke.
Harry Aithaus of Gardners Lane as
an adjoining property owner spoke of
water drainage concerns.
An Ordinance Reclassifying property
located West of Peru Road and North
of Kennedy Court from Dubuque
County A-1 Agricultural District to Cites
PUD Planned Unit Development
District with a PR Planned Residential
District designation and adopting a
Conceptual Development plan with
conditions, for Emerald Acres No. 2,
with first and second readings given on
2-15-99, now presented for final action.
(OFFICIAL PUBLICATION}
ORDINANCE NO. 10-99
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
WEST OF PERU ROAD AND NORTH
OF KENNEDY COURT FROM
DUBUQUE COUNTY A-1
AGRICULTURAL DISTRICT TO CITY
OF DUBUQUE PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH A
PR PLANNED RESIDENTIAL
DISTRICT DESIGNATION AND
ADOPTING A CONCEPTUAL
DEVELOPMENT PLAN WTTH
CONDITIONS, FOR EMERALD
ACRES NO. 2, CONCURRENT vVrrH
ANNEXATION.
Whereas, Lawrence and Katherine
Ludwig, property owners, and Edward
83 Regular Session, March 1, 1999
D. Tschiggfde, contract buyer, have
requested rezoning concurrent with
annexation to the City of Dubuque, in
accordance with Section 2-3 of
Appendix A (the Zoning Ordinance) of
th'e City of Dubuque Code - of
Ordinances; and
Whereas, the request has been
found to be consistent with the
Comprehensive Plan and the Future
Land Use Map of the Comprehensive
Plan.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning
Ordinance) of the City of Dubuque
Code of Ordinances is hereby
amended by reclassifying the
hereinafter described property from
Dubuque County A-1 Agricultural
District to City of Dubuque PUD
Planned Unit Development District with
a Planned Residential designation and
adopting a conceptual development
plan, a copy of which is attached to and
made a part hereof, for Emerald Acres
No. 2 as stated below, to wit.
Lot 2 of Lot 1 of SE 1/4 of the SE 1/4
Sec. 2 T89N, R2E and to the center
line of the adjoining public right-of-way,
all in the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code
Section 414.5 (1993), and as an
express condition of the
reclassification, the undersigned
property owners agrees to the following
conditions, all of which the property
owners further agrees are reasonable
and imposed to satisfy the public needs
that are caused directly by the zoning
reclassification:
A. Use Renulations.
The following regulations shall apply to
all uses made of land in the above
described PUD District:
1) Principal permitted uses for Lots 1
through 23 shall be limited to:
a)Single-famHy detached
dwellings--ii 1].
2) Principal permitted uses for Lots 24
and 25 shall be limited to:
a) Single-family detached
dwellings--ii 1].
b) Two-family dwelling (duplex)--ill].
c) Multi-family dwelling (maximum six
(6) dwelling unlts)---[9].
d) Townhouses (maximum six (6)
dwelling units)--ii 1].
Accessory uses shall include any use
customarily incidental and subordinate
to the principal use it serves.
[ ] Parking group--see Section 4-2 of
the Zoning Ordinance.
B. Lot and Bulk Regulations.
Development of land in the PUD
District shall be regulated as follows:
1) Lots for single-family dwellings shall
meet bulk regulations set forth in the
Zoning Ordinance for the R-1 Single-
Family Residential District.
i2n) Ail multi-family residential structures
the Planned Residential
development shall meet bulk
regulations set forth in the Zoning
Ordinance for the R-3 Moderate
Density Multi-Family Residential
District.
C. Performance Standards.
The development and maintenance of
uses in this PUD District shall be
established in conformance With
Section 3-5.5 of the Zoning Ordinance
and the following standards:
1) Proposed public streets in the
Planned Residential development shall
be designed and built to City
Engineering specifications.
2) Tanzanite Drive shall be constructed
to a width of 37 feet.
3) Erosion control devices shall be
provided during all phases of
construction of the Planned Residential
development.
4) Parking requirements for allowed
uses shall be as per the parking group
for the designated use, in accordance
with Section 4-2 of the Zoning
Ordinance.
5) Sidewalks shall be provided
adjoining all public streets.
6) Storm water control tacilities will be
installed as per City Engineering
requirements.
7) Final site development plans shall
be submitted in accordance with
Section 4-4 of the Zoning Ordinance
prior to construction of any buildings.
D. ODen S~ce end Recreational Are~
Open space and landscaping in the
PUD Distdct shall be regulated as
follows:
1) Those areas not designated on the
conceptual plan for development shall
be maintained as open space, as
defined by Section 8 of the Zoning
Ordinance, by the property owner
and/or association.
E. Sign Regulations.
Signs in the PUD District shall be
regulated as follows:
1) Signs shall be allowed in the
Planned Residential development in
accordance with the R-1 sign
regulations of the Zoning Ordinance.
1) That the attached conceptual
development plan shall consdJtute a
preliminary subdivision plat, in
accordance with Chapter 42,
Reqular Session, March 1, 1999
84
SubdMsion Regulations, of the City of
Dubuque Code of Ordinances.
2) That the property between the south
right-of-way line of Tanzanlte Drive and
the south property line of Lot 2 of Lot 1
of SE 114 of SE 1/4, Sec. 2 must
comply with the regulations adopted for
Alpine Heights Mobile Home Park
Ordinance No. 72-98.
G. Tr~f~sfer of Ownemhio
Transfer of ownership or lease of
property in this PUD Dis~ct shall
include in the transfer or lease
agreement a provision that the
purchaser or tessee acknowledges
awareness of the conditions
authorizing the establishment of the
district.
H. Reclassification cf Subiect Prooertv.
The City of Dubuque, Iowa, may initiate
zoning reclassification proceedings to
the AG Agricultural District in
accordance with Section 6 of the
Zoning Ordinance if the property
owners fail to complete or maintain any
of the conditions of this ordinance.
L Modifications.
Any modifications of this Ordinance
must be approved by the Cfty Council
in accordance with zoning
reclassification proceedings of Section
6 of the Zoning Ordinance.
J. Recording.
A copy of this ordinance shall be
recorded at the expense of the property
owners with the Dubuque County
Recorder as a permanent record of the
conditions accepted as part of this
reclassification approval within ten (10)
days after the adoption of this
ordinance. This ordinance shall be
binding upon the undersigned and
his/her heirs, successors and assigns.
Se~on 3. The foregoing amendment
has heretofore been reviewed by the
Zoning Commission of the City of
Dubuque,
Section 4. The foregoing
amendment shall take effect upon
publication, as provided by law, and at
such time that the herein described
property is legally annexed into the City
of Dubuque, Iowa.
Passed, approved and adopted this
1st day of March, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 10-99
We, Lawrence and Katherine
Ludwig, property owners, having read
the terms and conditions of the
foregoing Ordinance No.10-99 and
being familiar with the conditions
thereof, hereby accept the same and
agree to the conditions required
therein.
Dated this 25th day of February,
1999.
By/s/ Lawrence Ludwig
By Is/Katherine Ludwig
Published officially in the Telegraph
Herald newspaper this 8th day of
March, 1999.
1 t 3/8 Mary A. Davis CMC, Cfc~y Clerk
Nicholson moved final consideration
and passage of the Ordinance.
Seconded by Robbins. Motion carried
7-0.
Proof of publication certified to by
the Publisher on Notice of Public
Hearing to consider reclassifcng
property located at 17111 Peru Road
from County A-1 to R-t, concurrent
with annexation (Ronald & Joann
Ludwig), presented and read,
Markham moved that the proof be
received and tiled. Seconded by
Nicholson. Motion carried 7-0.
An Ordinance Reclassifying
property located at 17111 Peru Road
from Dubuque County A-1 Agricultural
District to Cites R-1 Single-Family
Residential District, with first and
second readings given on 2-15-99, now
presented for tinal action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 11-99
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 17111 PERU ROAD FROM
DUBUQUE COUNTY A-1
AGRICULTURAL DISTRICT TO CITY
OF DUBUQUE R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT,
CONCURRENT WITH ANNEXATION.
Whereas, Ronald and Joann
Ludwig, property owners, have
requested rezoning concurrent with the
annexation to the City of Dubuque, in
accordance with Section 2-3 of
Appendix A (the Zoning Ordinance) of
the City of Dubuque code of
Ordinances; and
Whereas, this request has been
found to be consistent with the
Comprehensive Plan and the Future
Land Use Map of the Comprehensive
Plan.
NOW, THEREFORE, BE IT
ORDAINED BY THE CiTY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
85 Regular Session, March 1, 1999
Section 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances is
hereby amended by reclassifying the
hereinafter described property from
Dubuque County A-1 Agricultural
Distdct to City of Dubuque R-1 Single-
Family Residential District, to wit:
Lot 1 of I SE 1/4 SE 1/4 Section 2,
T89N, R2E and to the center line of the
adjoining public dght-of-way, all in the
City of Dubuque, Iowa.
Section 2. The foregoing amendment
has heretofore been reviewed by the
Zoning Advisory Commission of the
City of Dubuque, Iowa.
Section 3. This ordinance shall take
effect immediately upon publication, as
provided by law, and at such time that
the herein described property is legally
annexed into the City of Dubuque,
Iowa.
Passed, approved and adopted this
1st day of March, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, C~ Clerk
Published officially in the Telegraph
Herald newspaper this 8th day of
March, 1999.
It 3/8 Mary A. Davis CMC, City Clerk
Markham moved final consideration
and passage of the Ordinance.
Seconded by Nichoison. Motion
carried 7-0.
Proof of publication certified to by the
Publisher on Notice of Public Hearing
to consider reclassifying property North
of Kennedy Court and West of Peru
Rd. from AG to R-1 District
(Tschiggffie), presented and read.
Markham moved that the proofs be
received and filed. Seconded by
Nicholson. Motion carded 7-0,
An Ordinance Reclassifying property
located North of Kennedy Court and
West of Peru Road from AG
Agricultural Distdct to R-1 Single-
Family Residential District, with first
and second readings given on 2-15-
99, now presented for dna[ action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 12-99
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
NORTH OF KENNEDY COURT AND
WEST OF PERU ROAD FROM AG
AGRICULTURAL DISTRICT TO
SINGLE-FAMILY RESIDENTIAL
DISTRICT.
NOW, THEREFORE, BE iT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances is
hereby amended by reclass~ing the
hereinafter described property from AG
Agricultural Distdct to R-1 Single-
Family Residential District, to wit:
Lot 2 of l of 5 and Lot l oflof2of5
SW 1/4 Section 1, T89N, R2E and to
the center line of the adjoining public
right-of-way, all in the City of Dubuque,
iowa.
Section 2. The foregoing
amendment has heretofore been
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take
effect immediately upon publication, as
provided by law.
Passed, approved and adopted this
1st day of March, 1999.
Terrence M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 8th day of
March, 1999.
It 3/8 Mary A. Davis CMC, City Clerk
Buol moved final consideration and
passage of the Ordinance. Seconded
by Nichelson. Motion carried 7-0.
Proof of publication certified to by
the Publisher on Notice of Public
Headng to consider reclassifying
property adjacent to 3939
Pennsylvania Ave. fram R-1 to C-3
District. (East Dubuque Bancshares),
presented and read. Markham moved
that the proof be received and filed.
Seconded by Nicholson. Motion
carded 7-0.
Da~ Bar[dow of East Dubuque
Savings Bank and Terry Bemis, Pastor
of the Church at 3939 Pennsylvania
spoke requesting Council approve the
rezoning.
An Ordinance Reclassifying
property located adjacent to 3939
Pennsylvania Avenue from R-1 Single-
Family Residential District to C-3
General Commercial District, with first
and second readings given on 2-15-99,
now presented for final action.
(OFFICIAL PUBLICATION}
ORDINANCE NO. 13-99
AN ORDINANCE AMENDING
Reqular Session, March 1~ 1999
86
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
ADJACENT TO 3939
PENNSYLVANIA AVENUE FROM R-I
SINGLE-FAMILY RESIDENTIAL
DISTRICT TO C-3 GENERAL
COMMERCIAL DISTRICT.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE C]T'Y' OF DUBUQUE, IOWA:
Section 1. That Appendix A (the
Zoning Ordinance) of the Cb of
Dubuque Code of Ordinances is
hereby amended by reclassifying the
hereinafter described property from R-1
Single~Family Residental District to C-
3 General Commercial District, to wit
The west 180 feet of Lot 2 of Lot 2 of
Lot 1 of Byrne's SubdMsion, and to the
center line of the adjoining public right-
of-way, all in the City of Dubuque,
Iowa.
Seddon 2. The foregoing amendment
has heretofore been reviewed by the
Zoning Advisory Commission of the
City of Dubuque, iowa.
Section 3. This ordinance shall take
effect immediately upon publication, as
provided by law.
Passed, approved and adopted this
1st day of March, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published off-icia[ly in the Telegraph
Herald newspaper this 8th day of
March, 1999,
It 3/8 Mary A. Davis CMC, City Clerk
Markham moved final consideration
and passage of the Ordinance.
Seconded by Nicholson. Motion
carried 7~0.
Proof of publicaton certfied to by the
Publisher on Notice of Public Hearing
to consider amendment pertaining to
freestanding signage of PC Distdct
located at 255 JFK Rd. (Shopko),
presented and read. Robbins moved
that the proof be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
An Ordinance Repealing Section
2.E(1) of Ordinance No. 61-89 and
enacting a new Section 2. E(1) in lieu
thereof pertaining to Freestanding
Signage of the PC Planned
Commercial District located at 255
John F. Kennedy Road with first and
second readings given on 2-15-99, now
presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 14-99
AN ORDINANCE AMENDING
APPENDIX A O'HE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
BY REPEALING SECTION 2. E.(1} OF
ORDINANCE 61.89 AND ENACTING
A NEW SECTION 2.E.(1) IN LIEU
THEREOF PERTAINING TO
FREESTANDING SlGNAGE OF THE
PC PLANNED COMMERCIAL
DISTPJCT LOCATED AT 255 JOHN F.
KENNEDY ROAD.
Whereas, Ordinance 61-89 was
adopted on December 12, 1989 by the
City Council amending the PC Planned
Commercial District located at 255
John F. Kennedy Road; and
Whereas, Shopko, 255 John F.
Kennedy Road, on behalf of Ryan
Companies, property owner, has
requested an amendment to the PUD
Ordinance regulating freestanding
signage allowed in the PC Planned
Commercial District located at 255
John F. Kennedy Road for Shopko.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA;
Section 1. That Appendix A (the
Zoning Ordinance) is hereby amended
by repealing Se~on 2.E.(1) of
Ordinance 61-89 and ena~ng a new
Section 2. E.(1) in lieu thereof, as
follows:
E. Sidn Rec~ula~Joes.
1) One freestanding on-premise sign
shall be permitted with a maximum
area of 350 square feet and a
maximum height of 40 feet.
Se~on 2. The foregoing
amendment has heretofore been
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take
effect immediately upon publication, as
provided by law.
Passed, approved and adopted this
1 st day of March, 1999.
Terrance M. Duggan, Mayer
Attest: Mary A. Davis, City Clerk
ACCEPTANCE OF
ORDINANCE NO 14-99
I, John P. Kelly, representative for
Ryan Companies, property owner,
having read the terms and conditions of
the foregoing Ordinance No. 14-99,
and being familiar with the conditions
thereof, hereby accept the same and
agree to the conditirms required
therein.
Dated this 1st day of March, 1999.
87 Regular Session, March 1, 1999
/s/John P. Kelly
Ryan Companies
Published officially in the Telegraph
Herald newspaper this 8th day of
March, 1999.
It 3/8 Mary A. Davis CMC, City Clerk
Robbins moved final consideration
and passage of the Ordinance.
Seconded by Nicholson. Mo'ach
carded 7-0.
Proof of pubiica'aon cert~ed to by the
Publisher on Notice of Heating to
consider issuance of not to exceed
$900,000 Urban Renewal Tax
Increment Revenue Bond to support
Advanced Dsta-Comm Project and City
Manager recommending to proceed
with issuance of bonds, presented and
read. Budi moved that the proof and
communication be received and filed.
Seconded by MichalskJ. Motion carded
7-0.
RESOLUTION NO. 107-99
RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR TIlE
ISSUANCE OF NOT TO EXCEED
$900,000 URBAN RENEWAL TAX
INCREMENT REVENUE BONDS
Whereas, pursuant to notice
published as required by law, this
Council has held a public mee'ang and
hearing upon the proposal to ins~ute
proceedings for the issuance of not to
exceed $900,000 Urban Renewal Tax
Increment Revenue Bonds for the
purpose of paying costs of aiding in the
planning, undertaking and carrying out
of urban renewal project activities
under the authority of Chapter 403 of
the Code of lewa and the Urban
Renewal Plan for the Dubuque
Industrial Center/South Economic
Development Disthct, including those
costs associated with the funding of an
economic development grant to
Advanced Data-Comm, Inc., an Iowa
corporation, pursuant to and under the
conditions set forth in a Development
Agreement dated as of November 16,
1998 by and among the City of
Dubuque, ADC Properties, L.C., an
Iowa limited liability company, and
Advanced Data Comm, Inc. in respect
of certain minimum improvements to be
constructed and jobs to be created and
maintained by said parties in the
Dubuque Industrial Center/South
Economic Development District, and
has considered the extent of objections
received from residents or property
ownem as to said proposed issuance;
and, accordingly the following action is
now considered to be in the best
interests of the City and residents
thereof.
Now, Therefore, Be It Resolved By
The City Council Of The City Of
Dubuque, Iowa:
Section 1. That this Council does
hereby institute proceedings and takes
add~onal action for the sale and
issuance in the manner required by law
of not to exceed $900,000 Urban
Renewal Tax Increment Revenue
Bonds for the foregoing purpose.
Section 2. The Clerk is authorized
and directed to proceed on behalf of
the City with the sale of said Urban
Renewal Tax increment Revenue
Bonds, to select a date for the sale
thereof, to cause to be prepared such
notice and sale information as may
appear appropriate, to publish and
distribute the same on behalf of the
City and this Council and otherwise to
take all action necessary to permit the
sale of said Urban Renewal Tax
Increment Revenue Bonds on a basis
favorable to the City and acceptable to
the Council.
Passed and approved this 1st day
of March, 1999.
Terrance M. Duggan, Mayor
Attest:.
MaryA. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Michalski.
Motion carded 7-0.
Proof of publication certified to by
the Publisher on No'ace of Public
Headng to consider reclassEying
property at Southwest corner of
Northwest Arterial and Asbury Rd. from
AG and C-3 District to PC designation
(QHQ PropoSes); Per,ion containing
164 names ob. iecting to re,zoning
request and access road to the
Northwest Arterial; Petition containing
195 signatures in favor of rezoning;
and QHQ responding to issues
regarding the zoning at Northwest
Artedal & Asbury, presented and read.
Nicholson moved that the proof,
)etifions and communication be
received and filed. Seconded by
Markham. Carried by the following
vote: Yeas---Duggan, Markham,
Michalski, Nicholson. Nays--Budi,
Robbins, Voetberg.
Tim Quagliano & Jesse Anesi spoke
to the project. Ron Paisley, Tom
Schroeder, John Jungblut, John
So[walke, Bud Schmidt, Jim Yeast, and
Helen Varner all spoke objecting to
vadous aspects of the proposed
Regular Session, March 1, 1999
88
development. Jeff Streinz, owner of
Dubuque Discount Gas, spoke in favor
of the rezoning.
An Ordinance Reclassifying
property located at Southwest corner of
the Northwest Artedal and Asbury
Road from AG Agricultural District and
C-3 General Commercial District, with
conditions, to PUD Planned Unit
Development District with a PC
Planned Commercial District
designation and adopting a Conceptual
Development Plan, with conditions.
with first and second readings given on
2-15-99, now presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 15-99
AN ORDINANCE AMENDING
APPENDIX A {THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT SOUTHWEST CORNER OF THE
NORTHWEST ARTERIAL AND
ASBURY ROAD FROM AG
AGRICULTURAL DISTRICT AND C-3
GENERAL COMMERCIAL DISTRICT,
WITH CONDITIONS, TO PUD
PLANNED UNIT DEVELOPMENT
DISTRICT WITH A PC PLANNED
COMMERCIAL DISTRICT
DESIGNATION AND ADOPTING A
CONCEPTUAL DEVELOPMENT
PLAN, WITH CONDITIONS.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section 1. Appendix A (the Zoning
Ordinance) of the City of Dubuque
Code of Ordinances is hereby
amended by reclassifying the
hereinafter described property from AG
Agricultural District and C-3 General
Commercial District, with conditions, to
PUD Planned Unit Development
District w~h a PC Planned Commercial
Distdct designation and adopting a
conceptual development plan, a copy
of which is attached to and made a part
hereof, with conditions as stated below,
to wit:
The north 880 feet of Lot I of QHQ
Place of the SE 1/4 NE 1/4, Section 20,
Township 89 North, Range 2 East and
to the center line of the adjoining public
right-of-way, ali in the City of Dubuque,
Iowa.
Section 2. Pursuant to Iowa Code
Section 414.5 (1993), and as an
express condition of the
rec[aesification, the undersigned
property owner agrees to the following
conditions, all of which the property
owner further agrees are reasonable
and imposed to satisfy the public needs
that are caused directly by the zoning
reclassification:
A. Use Reouleiions
The following regulations shall apply
to all land uses in the above described
PUD District:
1) Principal permitted uses of the lots
designated for commercial
development shall be limited to:
General offices---J4].
Medical office/diinic---[36].
Dental/medical lab--J8].
Personal services--ii4].
Barber/beauty shops--ii6].
MoteP-[24].
Gas station--ii8].
Retail sales/service--ii 7].
Laundry/dry cleaner--ii9].
Shoe repairS18].
Bakery
¢¢h olesale/com mercial)---[19].
Indoor restaurant---{20].
Bar/tavern--{20].
Automated gas station~18].
Service station---[21].
Supermarket---ii7].
Tailodng/atlerations---[18].
· Furniture/hem e fu rnishing.--[27].
Appliance sales/service--[27].
Catalog center--J23].
· Drive-in/carry-out restaurant--J28].
· Drive-up automated bank teller--[8].
· Self-service carwash--[8].
· Neighborhood shopping
center--ii7].
· Business services--J29].
Department stores---ii7].
Banks/savings and loans, and credit
unions---[31].
Indoor amusement center--[37].
Vending/game machine sales and
service [19].
i Indoor recreation facirifies--[37].
Mail-order houses---[23].
Lumberyards/building mstedals
sales--ii9].
Printing/pu blishin g---{32].
Full-service carwash.--{8].
Auto sales/service--J38].
~ Motorcycle sales and service---J41].
· Local shopping center--ii7].
2) Accessory uses shall include any
use customarily incidental and
subordinate to the principal use it
] Parking group--see Section 4-2 of
the Zoning Ordinance.
B. Lot and Bulk Regulations.
Development of land in the PUD
District shall be regulated as follows:
1) All building structures and activities
89 Regular Session, March 1, 1999
shall be located in accordance with
provisions of the PUD District
regulations of this ordinance and of
Section 3-5.5 of the Zoning Ordinance.
2) AJI buildings and structures located
on lots designated for commercial
development shall meet bulk
regulations set forth in the Zoning
Ordinance for the C-3 General
Commercial District, Section 3-3.3(F).
C. Performance Standards.
The development and maintenance of
uses in this PUD District shall be
established in conformance with
Section 3-5.5 of the Zoning Ordinance
and the following standards:
1) Public streets within the Planned
Unit Development Distdct shall be
designed and built to City Engineering
specifications.
2) The first public street shall be
constructed concurrent with the
development of Lots 1, 2, and 3. The
second public street shall be
constructed along the west property
line prior to development of Lot 4.
3) Erosion control shall be provided
dudng ail phases of construddon.
4) Parking requirements for allowed
uses in the PUD District shall be as per
the parking group for the designated
use, in accordance with Section 4-2 of
the Zoning Ordinance.
5) Sidewalks shall be provided
adjoining all public streets.
6) Storm water detention facilities will
be provided as per City Engineering
requirements.
7) Adequate illumination shall be
provided to areas used for vehicle and
pedestrian circulation. Light fixtures
shall be of a cut-off design and be
mounted at a 90 degree angle to a
vertical light standard.
8) The conceptual plan shall serve as
the preliminary plat for the PUD
District. Subdivision plats and
improvement plan shall be subm~ed in
accordance with Chapter 42,
Subdivision Regulations, of the City of
Dubuque Code of Ordinances.
9) Final site development plans shall
be submitted in accordance with
SestJon 4-4 of the Zoning Ordinance of
the City of Dubuque, Iowa, prior to
construction of any buildings.
10) Developer shall set aside a 30 ft
east/west x 275 ft. north/south buffer
easement area starting at the
southwest corner of Lot 4. Landscape
buffer shall consist of a 5 ft. high berm
with evergreen trees planted 15 ft. on
center. Trees shall be 8 ft high at time
of planting. The type of evergreen
trees shall be selected by the owner of
Lot 11. The berm and landscaping shall
be installed prior to the opening, if any,
of the retail stores on Lots 2 or 3,
provided all four lots are zoned
commercial.
D. Open Space and Landscaping
Open space and landscaping in the
PUD Distdct shall be regulated as
follows:
Those areas not designated on the
conceptual plan for development shall
be maintained as open space, as
defined by Section 8 of the Zoning
Ordinance, by the property owners
and/or aesociafion.
E. Sion Reoulations.
Signs in the PUD Distdst shall be
regulated as follows:
1) On-premise signage shall be
regulated by the C-3 General
Commercial Distdst sign regulations of
Section 4-3.11 of the Zoning
Ordinance, except that each lot shall
be limited to one (1) freestanding sign
per .business, with each sign to be a
ma~mum of 25 feet high and 108
square feet in size.
2) Off-premise signage shall be
regulated by the C-3 General
Commercial Distdct sign regulations of
Section 4-3.11 of the Zoning
Ordinance.
F. Transfer of Ownership
Transfer of ownership or leaee of
property in this PUD District shall
include in the transfer or lease
agreement a provision that the
purchaser or lessee acknowledges
awareness of the conditions
authorizing the establishment of the
PUD DistHct~
G.Reclessification of Sub!ect Prooertv,
The City of Dubuque, Iowa, may initiate
zoning reclass'r~cafion proceedings to
the AG Agricultural Distdct in
accordance with Section 6 of the
Zoning Ordinance if the property owner
fails to complete or maintain any of the
conditions of this ordinance.
H. Modifications.
Any modifications of this Ordinance
must be approved by the Cb Council
in accordance with zoning
reclaesification proceedings of Section
6 of the Zoning Ordinance.
I. Recordinq,
A copy of this ordinance shall be
recorded at the expense of the property
owner with the Dubuque County
Recorder as a permanent record of the
condi~ons accepted as part of this
reclassification approval within ten (10)
days after the adoption of this
ordinance. This ordinance shall be
binding upon the undersigned and
Reqular Session, March 1,1999 90
his/her heirs, successors and assigns.
Section 3. The foregoing amendment
has heretofore been reviewed by the
Zoning Commission of the City of
Dubuque, Iowa.
Section 4. The foregoing amendment
shall fake effect upon publication, as
provided by law.
Passed, approved and adopted this
1st day of March, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 15-99
I, Michael D. Quagliano,
representing QHQ Propedies, property
owner, having road the terms and
conditions of the foregoing Ordinance
No.15-99 and being familiar with the
conditions thereof, hereby accept the
same and agree to the conditions
required therein.
Dated this 22nd day of February,
1999.
By/s/Michael D. Quagliano
QHQ Properties
Nicholson moved final consideration
and passage of the Ordinance.
Seconded by Markham. Carded bythe
following vote: Yeas--Duggan,
Markham, MichalskJ, Nicholson.
Nays--Buol, Robbins, Voetberg.
Proofs of Publication cer~ied to by
the Publisher on Notice of Hearing on
Plans & Specs. and Notice to Bidders
on Receipt of Bids for Dubuque
Greyhound Park & Casino Kennel Area
Parking Lot improvements, presented
and read. Robbins moved that the
proofs be received and filed.
Seconded by BuoL Motion carded 7-0.
RESOLUTION NO. 108-99
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 30th day of
January, 1999, plans, specifications,
form of contract and estimated cost
were tiled with the City Clerk of
Dubuque, Iowa for the Dubuque
Greyhound Park and Casino Kennel
Area Parking Let Improvements.
Whereas, notice of hearing on plans,
specifications, form of contract, and
estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
estimated cost for said improvements
for said project.
Passed, adopted and approved this
1st day of March, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Robbins moved adoption of the
Rssol~on. Seconded by BuoL Motion
carried 7-0.
City Manager recommending to
awarding contract for project.
presented and read. Robbins moved
that the communication be received
and filed. Seconded by BuoL Motion
carried 7-0.
RESOLUTION NO. 109-99
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
Dubuque Greyhound Park and Casino
Kennel Area Parking Lot improvements
pursuant to Resolution No. 63-99 and
notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the 5th day of
FebruapJ, 1999.
Whereas, said sealed proposals
were opened and read on the 18th day
of February, 1999, and it has been
determined that the bid of Tschiggfde
Excavating, Inc. of Dubuque, Iowa, in
the amount of $60,092.50 was the
lowest bid for the furnishings of air
labor and mafadals and performing the
work as provided for in the plans and
specific~ons.
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 Tschiggfrie
Excavating, inc. and the Manager be
and is hereby directed to execute a
contract on behalf of the C~ of
Dubuque for the complete performance
of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said
contract and the approval of the
contractor's bond, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
1st day of March, 1999.
Terrence M. Duggan, Mayor
Attest: Ma~y A. Davis, City Clerk
Robbins moved adoption of the
Resolution. Seconded by Buo[. Motion
carried 7-0.
City Manager recommending
91 Regular Session, March 1, 1999
approval of revisions to Code of
Ordinances pertaining to parks and
recreation, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Markham. Motion carded 7-0.
An Ordinance Amending Chapter 14
of the Code of Ordinances, Parks and
Recreation, by renaming certain parks
and establishing certain new parks; by
amending Section 34-54 prohibiting
dogs, cats and other domes'dc animals
in any park; and by amending and
renumbedng Sec. 34-67 rela~Jng to the
use of bicycles, motorcycles, etc. in
parks, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 16-99
AN ORDINANCE AMENDING
CHAPTER 34 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
PARKS AND RECREATION, BY
RENAMING CERTAIN PARKS AND
ESTABLISHING CERTAIN NEW
PARKS; AND BY AMENDING AND
RENUMBERING SEC. 34-67
RELATING TO THE USE OF
BICYCLES, MOTORCYCLES, ETC. IN
PARKS.
NOW, THEREFORE, BE IT
ORDAINED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Section 34.62(d) of the
City of Dubuque Code of Ordinances is
amended to read as follows:
(d) The consumption or use of beer is
prohibited in the following-named
parks: Jackson Park, Grant Park,
Washington Park, Burden Park,
Madison Park, Allison-Henderson Park,
Jefferson Park, Hilltop Park, Oakwood
Park, Falk Park, E.B. Lyons
Prairie\Woodland Preserve, Flat Iron
Park, Nicholas J. Sutton Swimming
Pool, Comiskey Park, Gay Park, Avon
Park, Caledonia Park, Waller-Cooper
Park, Cleveland Park, Valley High
Park, Hiilcrest Park, Valentine Park,
Pinard Park, Rocca Buda Jr. Park,
Sunnyslopes Park, Mama Ridge
Children's Forest, Medical Associates
Greenbelt, Hedtage Trail, Elmwood
Green Park, Granger Creek Nature
Trail, Southern Park and Usha Park.
Section 2. Section 34.67(e) of the
City of Dubuque Code of Ordinances is
renumberad and amended to read as
follows:
Sec. 32-251. Use of bicycles,
motorcycles, etc. in parks.
(a) The use of bicycles, motorcycles,
motor scooters, go-carts, cars, trucks
and other motor-driven vehicles other
than those vehicles engaged in
authorized park maintenance and
security in any park, recreation facility,
or trail may be prohibited by the Park
and Recreation Commission.
(b) it shall be unlawful for the
operator of any car, truck, motorcycle
or any other type vehicle to stop, stand
or park upon any roadway or in any
parking areas in any park, recreation
facility, or trail in such manner as to
obstruct the flow of traffic.
(c} It shall be unlawful for any
person or persons to play games,
catch, throwing of fdsbees or other
objects, gathering in groups on any
roadway or parking areas in any park,
recreation facility, or trail as to obstruct
the flow of traffic.
(d) It shall be unlawful to park any
car, truck, motorcycle or other type of
vehicle along any roadway or area in
any park or recreation facility that is
posted prohibiting such parking.
(e) It shall be unlawful for any car,
truck, motorcycle er any other type of
motorized vehicle to ddve on and/or
park on any grass area, sidewalk or
troll in any park, recreation facility, or
trail except with the express permission
of the Leisure Services Manager's
designee.
Section 3. Section 34-74(h) of the
City of Dubuque Code of Ordinances is
amended to read as follows:
(h) The following parks and park
and recreation facilities shall be open
for use by the public from seven o'clock
(7:00) A.M. to ten o'clock (10:00) P.M.
daily:.
Allison Henderson Park
Avon Park
Burden Park
Caledonia Park
Cleveland Park
Comiskey Park
Eimwood Green Park
Falk Park
Flat Iron Park
Flora Park
Gay Park
Granger Creek Nature Trail
Grant Park
Heritage Trail
Hillcrest Park
Hilltop Park
Jackson Park
Jefferson Park
Madison Park
Mama Ridge Children's Forest
Medical Associates Greenbelt
Oakwood Park
Pinard Park
Rocca Buda Jr. Park
Reqular Session,~March '{, 1999
92
Southern Park
Sunnyslopes Park
Usha Park
Valentine Park
VaIley High Park
Waller-Cooper Park
Washington Park
Section 4. Section 34-91 of the City
of Dubuque Code of Ordinances is
amended to read as follows:
Sec. 34-91. Caledonia Park.
The following described parcel of
real estate is and shall be used for
public park purposes and shalt be
continued to be known, called and
named as "Caledonia Park" and placed
under the jurisdiction of the Park and
Recrea~on Commission:
Lot 38 of Kelly's Subdivision in the
City of Dubuque, Iowa.
Section 5. Section 34-101 of the City
of Dubuque Code of Ordinances is
amended to read as follows:
Sec. 34-101. Waller-Cooper Park.
The following described parcel of
real estate is and shall be used for
public park purposes and shall be
continued to be known, called and
named as '~Va]ler-Cooper Park" and
placed under the judsdiction of the
Park and Recreation Commission:
Lots 26, 27 and 28 in Cooper
Heights Addition in the City of
Dubuque, iowa.
Section 6. Section 34-102 of the City
of Dubuque Code of Ordinances is
amended to read as follows: Sec. 34-102. Falk Park.
The following described parcel of
real estate is and shal~ be used for
public park purposes and shall be
continued to be known, called and
named as "Falk Park" and p[acad
under the jurisdiction of the Park and
Recreation Commission:
Lot 23 in Falks SubdMsion in the
City cf Dubuque, Iowa.
Section 7. Section 34-I03 of the City
of Dubuque Code of Ordinances is
amended to read as follows:
Sec. 34-103. Hillcrest Park
The following described parcel of
real estate is and shall be used for
public park purposes and shall be
continued to be known, called and
named as "Hi[Icrest Park" and placed
under the jurisdiction of the Park and
Recreation Commission:
Lot 1 of Lot 4 of Mineral Lot 261 in
the City of Dubuque, ~owa.
Section 8. Sec'don 34-104 of the City
of Dubuque Code of Ordinances is
amended to read as follows: Sec. 34-104. Gay Park.
The following described parcel of
real estate is and shall be used for
public park purposes and shall be
continued to be known, called and
named as "Gay Park" and placed
under the jurisdiction of the Park and
Recreation Commission:
Lot I of Lot 1 of Lot 1 of Lot 1 of Lot 1
of Lot 1 in Young Pdmrsse Place and
Lots 3 and 4 in Grommersch Place, all
in the City of Dubuque, Iowa.
Section 9. Section 34-105 of the
City of Dubuque Code of Ordinances is
amended to read as follows:
Sec. 34-105. Valley High Park
The fo[lowing described parcel of
real estate is and shall be used for
public park purposes and shall be
continued to be known, cai[ed and
named as '~/alley High Park" and
31aced under the jurisdiction of the
Park and Recreation Commission:
Lot 2 of Lot 1 of Lot 1 of Lot 1 in
Mineral Lot 337 and Lot 5 in Wiegand's
SubdMsion, all in the c~ of Dubuque,
Iowa.
Section 10. Section 34-107 of the
City of Dubuque Code of Ordinances is
amended to read as follows:
Sec. 34-107. Burden Park.
The following described parcel of
real estate is and shall be used for
public park purposes and shall be
continued to be known, called and
named as "Burden Park" and placed
under the jurisdiction of the Park and
Recreation Commission:
Lot 1 of Lot 1 of Lot 3 northeast
quarter, Section 13, Township 89
North, Range 2 East in the City of
Dubuque, lows.
Section 11. Section 34-110 cf the
City of Dubuque Code of Ordinances is
amended to read as follows:
Sec. 34-110. Hilltop Park~
The following described parcel of
real estate is and shall be used for
public park purposes and shall be
continued to be known, called and
named as "H~itop Park" and placed
under the jurisdiction of the Park and
Recreation Commission:
West one-haft of Lot 1 of the south
one-third of Lots 34 and 35; west 127
feet and 6 inches of Lot 1 of Lot 2 of
the south one-third of Lots 34 and 35;
west one-half of Lot 2 of Lot 2 of the
south one-third of Lots 34 and 35; west
one.half of the north one~half of Lot 36;
west one.half of the south one-half of
Lot 36; west one-half of Lot 2 of Lot 37;
Lot 1 of Lot 1 of Lot 37; Lot 2 of Lot 2 of
Let I of Lot 37 all in Kelly's Subdivision
in the City cf Dubuque, Iowa.
Section 12. Section 34-120 of the
City of Dubuque Code of Ordinances is
93 Regular Session, March 1, 1999
hereby deleted.
Section 13. The following new
sections are hereby adopted:
Sec. 34-121. Valentine Park.
The following described parcel of
real estate is and shall be used for
public park purposes and shall be
continued to be known, called and
named as "Valentine Park" and placed
under the jurisdiction of the Park and
Recreation Commission:
Lot 1 of the Subdivision of Lot 1 of
Lot 1 of Lot 1 of McLean Heights and
Lot 4 in Block 2 of Mama Ridge
Estates 2 in the City of Dubuque, Iowa.
Sec. 34-122. Mama Ridge Children's
Forest.
The following described parcel of
real estate is and shall be used for
public park purposes and shall be
continued to be known, called and
named as "Mama Ridge Children's
Forest" and placed under the
jurisdiction of the Park and Recreation
Commission:
Lot A of Lot B, Block 1 of Mama
Ridge Estates 2, as comprised of
Mildreds Addition in the City of
Dubuque, Iowa.
Sec. 34-123. Elmwood Green Park.
The following described parcel of
real estate is and shall be used for
public park purposes and shall be
continued to be known, called and
named as "Elmwood Green Park" and
placed under the jurisdiction of the
Park and Recreation Commission:
Lot 2-2-2 of Mineral Lot 349 in the
City of Dubuque, Iowa.
Sec. 34-124. Pinard Park.
The following described parcel of
real estate is and shall be used for
public park purposes and shall be
continued to be known, called and
named as "Pinard Park" and placed
under the jurisdiction of the Park and
Recreation Commission:
Lots 138, 139 and 140 in Glendale
Addition No. 2 in the City of Dubuque,
iowa.
Sec. 34-125. Rocco Buda Jr. Park.
The following described parcel of
real estate is and shall be used for
public park purposes and shall be
continued to be known, cai[ed and
named as "Rocco Buda Jr. Park" and
placed under the jurisdiction of the
Park and Recreation Commission:
Lot 1 of 1 of 1 of 810 A McDaniels
Subdivision.
Sec. 34-126. Southern Park.
The following described parcel of
real estate is and shall be used for
public park purposes and shall be
continued to be known, called and
I named as "Southern Park" and placed
i under the jurisdiction of the Park and
Recreation Commission:
Beginning at the NW Corner of Lot
1 of said John Breakey's Add,on;
thence S46° 22 3/4'W, 315.98 ft., along
the Northwesterly line of said John
Breakey's Addition; thence S81° 01
1/4W', 12.72 ft.; thence S38° 47 3/4'E,
64.04 ft.; thence S51 ° 12 114%'V, 46.36
ft.; thence N38° 47 3/4M/, 78.87 ft.;
thence S68° 57 3/4%,V, 111.56 ft.;
thence S35° 45~V, 84.25 ff.; thence
S42° 39'E, 218.28 ft.
Sec. 34-127. Sunnyslopes Park.
The following described parcel of
real estate is and shall be used for
public park purposes and shall be
continued to be known, called and
named as "Sunnyslopes Park" and
placed under the jurisdiction of the
Park and Recreation Commission:
Lot 1 of Block 19, Sunnyslopes
Estates in the City of Dubuque, Iowa.
Sec. 34-128. Medical Associates
Greenbelt.
The following described parcel of
real estate is and shall be used for
public park purposes and shall be
continued to be known, called and
named as "Medical Associates
Greenbelt" and placed under the
jurisdiction of the Park and Recreation
Commission:
Lot 11 of Medical Associates
Subdivision in the City of Dubuque,
Iowa.
Sec. 34-129. Usha Park.
The following described parcel of
real estate is and shall be used for
public park purposes and shall be
continued to be known, called and
named as "Usha Park" and placed
under the jurisdiction of the Park and
Recreation Commission:
Lot I of Lot 2 of Lot I of Byrne's
Subdivision in the City of Dubuque,
Iowa.
Sec. 34o130. Hedtage Trail.
The following described parcel of
real estate is and shall be used for
public park purposes and shall be
continued to be known, called and
named as "Heritage Trail" and placed
under the jurisdiction of the Park and
Recreation Commission:
A linear piece of property from 22nd
to 32nd Streets along Elm Street, in the
City of Dubuque, Iowa.
Sec. 34-131. Granger Creek Nature
Trail.
The following described parcel of
real estate is and shall be used for
public park purposes and shall be
continued to be known, called and
Re.qular Sessionr March 1, 1999
94
named as "Granger Creek Nature Trei["
and placed under the jurisdiction of the
Park and Recreation Commission:
Area surrounding Dubuque
Technology Park at corner of Highways
151/61 and Lake Eleanor Road.
Section 14. This Ordinance shall
take effect upon publication.
Passed, approved and adopted this
1st day of March, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 9th day of
March, 1999.
It 3/9 Mary A~ Davis CMC, C~ Clerk
Buol moved that the requirement that
a proposed Ordinance be considered
and voted on for passage at two
Council Meetings pdor to the meeting
at which it is to be finally passed be
suspended. Seconded by Markham.
Motion carried 7-0. Buol moved final
consideration and passage of the
Ordinance, as amended. Seconded by
Markham. Motion carried 7-0.
City Manager recommending
approval to remove parking on portion
of Ida Street,. presented and read.
Buol moved that the communication be
received and filed. Seconded by
Nicholson. Motion carded 7-0.
An Ordinance Providing for removal
of parking on east side of Ida Street
from Grace to Delhi Streets, presented
and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 17-99
AN ORDINANCE AMENDING
SECTION 32-262 (D) OF THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA PROHIBITING
PARKING ON DESIGNATED
STREETS OR PORTIONS THEREOF
ADDING CERTAIN PORTIONS OF
IDA STREET
NOW, THEREFORE, BE IT
ORDAINED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of
Ordinances of the City of Dubuque,
iowa be amended by adding to
Subsection (d) of Section 32-262 the
following:
Ida Street, east side, from Grace
Street to Delhi Street.
Passed, approved and adopted this
1at day of March, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published official{y in the Telegraph
Herald newspaper this 8th day of
March, 1999.
It 3/8 MaryA. Davis CMC, City Clerk
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings pdor to the
meeting at which it is to be tinally
passed be suspended. Seconded by
Nichoison. Motion carded 7-0. Buol
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carded 7-0.
City Manager recommending
approval and execufion of an
Enterprise Zone Agreement by and
among iowa Department of Economic
Development between City and Swiss
Valley Farms Co., presented and read.
Michalsid moved that the
communication be received and filed.
Seconded by Markham. Motion carded
7-0.
RESOLUTION NO. 110-99
RESOLUTION APPROVING AN
ENTERPRISE ZONE AGREEMENT
BY AND AMONG THE IOWA
DEPARTMENT OF ECONOMIC
DEVELOPMENT, THE CITY OF
DUBUQUE AND SWISS VALLEY
FARMS COMPANY.
Whereas, the City of Dubuque has
established two Enterpdse Zones and
an Eaterpdse Zone Commission; and
Whereas, the Enterprise Zone
Commission on April 16, 1998
approved the applica~on of Swiss
Valley Farms Company for Enterprise
Zone benef'~; and
Whereas, Swiss Valley Farm
Company's application was approved
by the iowa Department of Economic
Development on May 19, 1998; and
Whereas, the Iowa Department of
Economic Development has prepared
and submitted for City Council approval
an agreement relating to Enterprise
Zone benefits for Swiss Valisy Farms,
a copy of which is attached hereto and
by this reference made a part hereof;
and
Whereas, the City Council finds that
the proposed agreement is acceptable
and necessary to the growth and
development of the city.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the iowa
Department of Economic Development
Enterprise Zone (EZ) Program
Agreement, Number 98~F_.Z-01, is
hereby approved.
95 Regular Session, March 1, 1999
Section 2. That the Mayor is hereby
authorized and directed to execute the
Agreement on behalf of the City of
Dubuque and forward the executed
copy to the Iowa Department of
Economic Development for their
approval.
Passed, approved and adopted this
1st day of March, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Markham.
Motion carried 7-0.
City Manager requesting
authorization to negotiate and execute
e contract with Carter-Goble, inc. for
transportation system design,
presented and read. Buol moved that
the communication be received and
filed and approved request. Seconded
by Robbins. Motion carded 7-0.
City Manager recommending
approval of offers to buy the Merchants
Hotel (302 Main Street) for $20,000
and the Union Cigar Store (332-338
Main Street) for $60,000, presented
and read. Michalski moved that the
communicafion be received and filed
and recommendation approved.
Seconded by Robbins. Motion carried
7-0.
City Manager requesting a public
hearing be set for March 15 to consider
annexafion for project known as
Highway 20 West Annexation Plan,
presented and read. Buo] moved that
the request be approved and set public
hearing for 3-15-99 at 7:00 p.m. in the
Public Ubrery Auditorium and that the
City Clerk publish notice in the manner
prescribed by law. Seconded by
Robbins. Motion carried 7-0.
Zoning Advisory Commission
advising of their approval to rezone
farm land on Highway 20 West from
County A-1 to C-3 D[stdct, in
conjunction with voluntary annexation
(Wm. & Janet Siegert), presented and
read. Buol moved that the
communication be received and filed.
Seconded by Nicholson.' Motion
carried 7-0.
An Ordinance Reclassifying land
located on Highway 20 West from
County A-1 Agricultural to City C-3
General Commercial District, presented
and read. Buol moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings pdor
to the meeting at which it is to be finally
passed be suspended. Seconded by
Nicholson. Motion carried 7-0. Buol
moved that a Public Headng be held on
the proposed Ordinance on the 15th
day of March, 1999 at 7:00 p.m. in the
Public Library Auditorium and that the
City Clerk publish notice in the manner
prescribed by law. Seconded by
Nicholson. Motion carded 7-0.
City Manager submitting documents
providing for construction of South Fork
Sanitary Sewer project, presented and
read. Michalsld moved that the
communication be received and flied.
Seconded by Buol. Motion carded 7-0.
RESOLUTION NO. 111-99
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the proposed plans,
specifications, form of contract and
estimated cost for the South Fork
Sanitary Sewer - Phase IV, from U.S.
20 to Landfill, in the estimated amount
of $390,267.93, are hereby approved
and ordered filed in the office of the
City Clerk for public inspection.
Passed, adopted and approved this
1st day of March, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Michalsld moved adoption of the
Resolution. Seconded by BuoL Motion
carried 7-0.
RESOLUTION NO. 112-99
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the
City of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the South Fork Sanitary
Sewer - Phase IV, from U.S. 20 to
Land~l[.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 5th day of April, 1999, a
public hearing will be held at 7:00 p.m.
in the Public Library Auditorium at
which time interested persons may
appear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said
improvement, and the City Clerk be
Reqular Session~ March 1, 1999
96
and is hereby directed to cause a
notice of time and place of such
hearing to be published in a newspaper
having general circul~on in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
twenty days pdor to the day fixed for its
consideration. At the hearing, any
interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement
Passed, adopted and approved this
1 st day of March, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A.'Davis, C~ Clerk
Michalski moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7-0.
RESOLUTION NO. 113-99
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the South Fork Sanitary Sewer
- Phase IV, from U.S. 20 to Landfill is
hereby ordered to be advertised for
bids for constru~on.
BE iT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shalI be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided,
to be published in a newspaper having
general circulation in the City of
Dubuque, Iowa, which nofice shall not
be less than four days nor more than
forty-tive days prior to the receipt of
said bids at 2:00 p.m. on the 25th day
of March, 1999. Bids shall be opened
and read by the City Clerk at said time
and will be submitted to the Council for
final action at 7:00 p.m. on the 5th day
of April, 1999.
Passed, adopted and approved this
1st day of March, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Buol. Motion
carded 7-0.
City Manager submitting documents
providing for construction of Manhole
Reconstruction Project, presented and
read. Buol moved that the
communication be received and tiled.
Seconded by Robbins. Motion carried
7-0.
RESOLUTION NO. 114-99
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the proposed plans,
specifications, form of contract and
estimated cost for the Manhole
Reconstruction Project - FY99, in the
estimated amount of $57,930.68, are
hereby approved and ordered flied in
the office of the City Clerk for public
inspection.
Passed, adopted and approved this
1st day of March, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 115-99
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the
City of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the Manhole
Reconstruction Project - FY99.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
That on the 5th day of Apn'l, 1999, a
public hearing will be held at 7:00 p.m.
in the Public Ubrary Auditorium, at
which fime interested persons may
appear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said
improvement, and the City Clerk be
and is hereby directed to cause a
notice of time and place of such
headng to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
not lees than four days nor more than
twenty days prior to the day fixed for its
consideration. At the heating, any
interested person may appear and file
objections to the proposed plans,
specifications, contract, or ssfimated
cost of the improvement
Passed, adopted and approved this
I st day of March, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
97 Regular Session, March 1, 1999
Motion carried 7-0.
RESOLUTION NO. 116-99
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Manhole Reconstru~on
Project - FY99 is hereby ordered to be
advedised for bids for construction.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to adver~se for bids for the construction
of the improvements herein provided,
to be published in a newspaper having
general circulation in the City o
Dubuque, Iowa, which notice shall no<[
be less than four days nor more than ,~
forty-five days prior to the receipt off'
said bids at 2:00 p.m. on the 25th day
of March, 1999. Bids shall be opened
and read by the City Clerk at said time
and will be submitted to the Council for
final action at 7:00 p.m. on the 5th day
of April, 1999.
Passed, adopted and approved this
1st day of March, 1999.
Terrance M. Duggan, Mayor
Attest Mary A: Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
There being no further business,
Michalski moved to adjourn. Seconded
by BuoL Motion carded 7-0. The
meeting adjourned at 9:34 p.m.
/s/Mary A: Davis CMC
City Clerk
Approved ~ //~,1999
Adopted ~ ~:~//~7~ - '~ ' 1999
jU/ y
Council Members
Special Session, March 2,1999
98
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Special Session, City Council,
Tuesday, March 2, 1999
Council met at 7:00 P.M., Public
Ubrary Auditorium.
Present: Mayor Duggan, Council
Members Buol, Markham, Michalski,
Nicholson, Robbins, Voatberg (by
electronic means), City Manager
Michael Van Mi[ligen, Corporation
Counse] Barry A. Undahl.
Mayor Duggan read the call and
stated this is the Public Hearing for the
Fiscal Year 2000 City of Dubuque
budget and Five Year Capital
Improvement Prograro.
Proofs of Publication on Notice of
Public Hearing on Budget Estimate for
FY 2000 AND Notice of Public Headng
on Five Year Capital Improvement
Program beginning July 1, 1999
through the fiscal year ending June 30,
2004 and Peri'don containing 52
signatures endorsing Police Officers
investigating motor vehicle accidents
even if that requires hiring additional
police officer~, presented and read.
Voetberg moved that the proofs and
petition be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
City Manager recommending
add[fions to Fiscal Year 2000 Budget
for requests by Airport, Housing
Services and Human Rights
Departments, presented and read.
Voatberg moved that the
communication be received and filed
and approved recommendation.
Seconded by Nicholson. Motion
carried 7-0.
Discussion on Departments in order
as attached, including various items as
requested: Police, Emergency
Communication, Disaster Services,
Fire Dept., Cable TV Division, Public
Works/Engineering Div., Information
Services, City Manager, Cb Council,
City Clerk, Legal, Building Services,
Water Pollution Control, Health
Services, Operations and Maintenance,
Civic Center, Recreation, Park,
Finance, Parking, Community
/Economic Development, Planning,
Housing Services, Human Rights,
Water, Library, Airport, Transit,
Purchase of Se~ces. No public
comments were made.
Joe Reed, Chair of the Labor
Management Assn., spoke expressing
appreciation for funds received.
RESOLUTION NO. 117-99
A RESOLUTION ADOPTING THE
ANNUAL BUDGET, AS AMENDED,
FOR THE FISCAL YEAR ENDING
JUNE 3O, 2OO0
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the annual budget,
as amended, for the fiscal year ending
June 30, 2000 as set forth in the
Adoption of Budget and Cer'dficafion of
Taxes summary and supporting state
budget forms and in the detailed
budget in support thereof showing the
revenue estimates and appropriation
expenditures and allocations to
programs and activities for said fiscal
,ear is adopted, and the City Clerk is
directed to make the fiJings required by
law and to set up the books in
accordance with the summary and
details as adopted.
Passed, approved and adopted this
2nd day of March, 1999.
Terrance M. Duggan, Mayor
Mary A. Davis CMC, City Clerk
Nicholson moved adoFiJon of the
Resolution. Seconded by Voatberg.
Motion carded 7-0.
RESOLUTION NO. 118-99
ADOPT[ON OF FIVE YEAR
CAPITAL IMPROVEMENT PROGRAM
WHEREAS, a recommended five
year Capital Improvement Program for
the pedod beginning July 1, 1999 and
ending June 30, 2004, for the City of
Dubuque has been prepared and
submitted to the City Council; and
WHEREAS, the five year Capital
Improvement Program: (1) describes
specific cap'~l improvement projects;
(2) provides estimated costs for those
projects; (3) proposes sources of funds
for each of them; and (4) schedules the
year dudng which each project will be
99 Special Session, March 2, 1999
undertaken; and
WHEREAS, the capital improvement
projects for the first year are included in
the Fiscal Year 1999 budget for the
City of Dubuque; and
WHEREAS, the five year Capital
Improvement Program will be
reconsidered annually by the City
Council and appropriately revised; and
WHEREAS, the adoption of the five
year Capital Improvement Program is a
prudent measure to provide continuity
of programs and is in the best interest
of the City of Dubuque.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the five year Capital
Improvement Program for the period
beginning July 1, 1999, set out in the
Fiscal Year 2000-2004 Recommended
Capital Improvement Budget. is hereby
approved, and adopted as the
proposed allocation of the City
resources for capital improvements as
scheduled in the years shown, subject
to annual review and revision.
Passed, approved and adopted this
2nd day of March, 1999.
Torrance M. Duggan, Mayor
Attest. Mary A. Davis, City Clerk
Nicholson moved adoption of the
Resolution. Seconded by Voetberg.
Motion carried 7-0.
RESOLUTION NO. 119-99
A RESOLUTION ADOPTING THE
PROGRAM YEAR 25 COMMUNITY
DEVELOPMENT BLOCK GRANT
BUDGET.
Whereas, the City of Dubuque has,
through a series of public meetings and
hearings, finalized a Program Year 25
Community Development Block Grant
budget addressing both housing and
non-housing needs in the community;,
and
Whereas, copies of the draft
Program Year 25 budget have been
available for public comment 30 days
pdor to City Council action; and
Whereas, the City's Community
Development Advisory Commission
has recommended the adoption of this
budget.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
Section 1. That the Program Year
25 Community Development Block
Grant budget attached hereto and by
this reference made a part hereof is
hereby adopted.
Section 2. That the City Manager is
hereby authorized and directed to
prepare the 2000 Annual Action Plan
for the use of Community Development
Block Grant funds based on this
adopted budget.
Passed, approved and adopted this
2nd day of March, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Nicholson moved adoption of the
Resolution. Seconded by Voetberg.
Motion carried
An Ordinance Enacting a new
Section 9-31 in lieu thereof providing
for an increase in "Registration Fees'
for bicycles, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 18-99
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SECTION 9-31
"REGISTRATION FEES" AND
ENACTING A NEW SECTION 9-31 IN
LIEU THEREOF PROVIDING FOR AN
INCREASE IN "REGISTRATION
FEES" FOR BICYCLES
NOW, THEREFORE, BE iT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Sec. 9-31 of the
Code of Ordinances of the City of
Dubuque, Iowa be and is hereby
repealed and the following new Sec. 9-
31 is enacted in dieu thereof:
Sec. 9-31 Registration fees.
(a) The fee for a bicycle registration
for years 1998 and 1999 shall be one
do,ar ($1.00) valid until December 31,
1999.
(b) For registrations on and after
January 1, 2000 the fee for a bicycle
registration shall be three dollars
($3.00), valid for a maximum of three
(3) years and expiring the last day of
December of the second calendar year
after the calendar year of registration.
(c) Bicycle registration fees shall not
be prorated, refundable or transferred.
Sec'don 2. This Ordinance shall take
effect January 1, 2000.
Passed adopted and approved this
2nd day of March, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Special Session,,March 2~1999
100
Published officially in the Telegraph
Herald newspaper this 10th day of
March, 1999.
Ma~y A. Davis CMC, City Clerk
It 3/10
Nicho[son moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings pdor
to the meeting at which it is to be finally
passed be suspended. Seconded by
Robbins. Motion carded 7-0. Nichoison
moved final consideration and passage
of the Ordinance. Seconded by
Robbins. Motion carded 7-0.
An Ordinance Adopting a new
Secfion 44-201(a) in lieu thereof fixing
Water Rates for Residential,
Commercial and Industrial and all other
uses, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 19-99
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY. OF DUBUQUE, IOWA, BY
REPEALING SECTION 44-201 (a)
FIXING WATER RATES FOR
RESIDENTIAL AND INDUSTRIAL
USES AND ADOPTING IN UEU
THEREOF A NEW SECTION 44-201
(a), FIXING WATER RATES FOR
RESIDENTIAL, COMMERCIAL, AND
INDUSTRIAL AND ALL OTHER
USES.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
FOR THE CITY OF DUBUQUE, IOWA:
Section 1. Section 44-201 (a), of the
code of Ordinances, City of Dubuque,
Iowa is hereby repealed.
Section 2. The following new
Section 44-201 (a) is hereby adopted:
*Section 44-201 (a). Residential,
Commercial, industrial and all other
uses.
(a) Commencing July 1, 1999, the
rates to be charged for water for
residential, commercial, industrial and
ali other uses and purposes by person,
firm or corporation within the cH shall
be fixed and determined as follows:
Monthly Charge Per
Consumption Hundred Cubic Feet
First 3,000 $1.46
Next 12,000 $1.20
Next 35,000 $1.11
Next 50,000 $ .99
Next 100,000 $ .85
Rates shall be subject to the
following minimum monthly charge
according to the size of the meter:
Meter Size
(Inches~ New Charee (Cubic Feet~
5/8 $ 2.92 200
3/4 $ 7.30 500
1 $11.68 800
I ~ $ 37.96 2,600
2 $ 83.00 4,600
3 $135.00 10,600
4 $207.78 16,800
6 $429.78 36,800
8 $700.05 62,500
Section 3. This ordinance shall take
effect on the first day of July, 1999.
Passed, approved and adopted this
2nd day of March, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
March, 1999.
Mary A. Davis CMC, City Clerk
It 3/10
Nichoison moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings prior
to the meeting at which it is to be tinally
passed be suspended. Seconded by
Robbins. Motion carded 7~0. Nichoison
moved final consideration and passage
of the Ordinance. Seconded by
Robbins. Motion carded 7-0.
An Ordinance Adopting a new
Seddon 44-202 in lieu thereof regarding
Fire Sprinkler Service, presented and
read.
ORDINANCE NO. 20-99
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SECTION 44-202 FIRE
SPRINKLER SERVICE AND
ADOPTING IN LIEU THERE OF A
NEW SECTION 44-202, FIRE
SPRINKLER SERVICE.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Section 44-202, of the
Code of Ordinances, City of Dubuque,
Iowa is hereby repealed.
Section 2. The following new section
44-202 is hereby adopted:
*Section 44-202. Fire Sprinkler
Service.
(a) Commencing July 1, 1999,
iO1 Special Session, March 2, 1999
customers who have fire sprinkler
service shall be billed for this service
on a monthly basis. This monthly
charge shall be included on the
customer's regular monthly bill for
which charges are fixed and
determined as follows:
Number of Heads Monthly Chames
Current
Up to 200 (minimum monthly
charge) ................... $ 8.76
200-300 ................. $10.50
300-400 ................. $12.26
400-600 ................. $14.00
600-800 ................. $15.76
800-1,000 ............... $17.51
1,000-1,200 .............. $19.26
1,200-1,400 .............. $21.01
1,400-1,600 ............... $22.77
1,600-1,800 ............... $24.51
1,800-2,000 ............... $26.26
2,000-2,200 ............... $28.02
2,200-2,400 ............... $29.76
2,400-2,600 ............... $31.51
2,600-2,800 ............... $33.27
2,800-3,000 ............... $35.02
3,000-3,500 ............... $36.76
Over 3,500 (for each additional 500
heads orfraction thereof) .... $ 1.76
Section 3. This Ordinance shall take
effect on the first day cf July, 1999.
Passed, approved and adopted this
2nd day of March, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, C~ Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
March, 1999.
Mary A. Davis CMC, City Clerk
It 3/10
Nicholson moved that the
requirement that the proposed
Ordinance be considered and voted on
for passage at two Council Mee~ngs
prior to the meeting at which it is to be
finally passed be suspended.
Seconded by Robbins. Mofion carried
7-0. Nicholson moved final
consideration and passage of the
Ordinance. Seconded by Robbins.
Motion carried 7-0.
Them being no further business,
Michalsld moved to adjourn. Seconded
by Nicholson. Motion carried 7-0. The
meeting adjourned at 7; 07 P.M.
/s/Mary A. Davis CMC
City Clerk
Approved ~.~_- ~¢ ,1999
Adopted ~//~//?, 1999
C~ meil MemBers
A~est: ~
C~ Clerk
Special Session, March 15, 1999 107
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, Mamh
15, 1999.
Council Met at 5:30 P.M., Public
Library Auditorium.
Present: Mayor Duggan, Council
Members Buol, Markham, Michalski,
Nichoison, Robbins, Voetberg.
There was a discussion on the
Design and Reconstruction of Eighth
St. Between Locust St and Iowa St
and the Improvement of the Main
Street Streetscape from Ninth St to
Fifth St.
/si MaryA. Davis CMC
City Clerk
Adopted ~ J ? . 1999
~/ -Council Members
City Clerk ~"
].03 Regular Session, March 15, 1999
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session,
March 15, 1999
Council Met at 7:00 p.m. Public
Library Auditorium
Present: Mayor Duggan, Council
Members Buol, Markham, Michalski,
Nicholson, Robbins, Voetberg, City
Manager Michael Van Mil[igen,
Corporation Counsel Barry A. Lindahl.
Mayor Duggan read the call and
stated this is the Regular Session of
the City Council called for the purpose
to act upon such business which may
properly come before the Council.
Wayne Whittenbaugh, Pastor of the
Apostolic Christian Church, gave the
Invocation.
PROCLAMATIONS -- Mar. 14 - 20
as "Older Workers Employment Week"
received by Janeen Kaufmann; March
as "Mental Retardation Awareness
Month" received by Kay Sendt; Mar. 28
- Apr. 3 as "Community Development
Week.*
MINUTES SUBMITTED -- Cable
Teleprogramming of 3-2; Community
Development Commission of 10-20 &
11-17; E[ecthca] Code Board of 3-1;
Enterprise Zone Commission of 2-6;
Housing Commission of 2-9; Housing
Commission Trust Fund Committee of
2-25; Histodc Preservation
Commission of 1-28; Long Range
Planning Commission of 2-24;
Plumbing/Mechanical Boards of 2-23;
Zoning Advisory Commission of 3-3;
Zoning Board of Adjustment of 2-25,
presented and read. Voetberg moved
that the minutes be received and filed.
Seconded by Buol. Motion carded 7-0.
Proofs of Publication on Notice of
publishing Council proceedings for
meetings of 2-1, 2-15 & 2-18; and List
of Claims & Summary of Revenues for
month of January, 1999, presented and
read. Voetberg moved that the proofs
be received and filed. Seconded by
BuoL Motion carried 7-0.
Finance Director submitting
Financial Reports for month ending
Feb. 28, 1999, presented and read.
Voetberg moved that the
communication be received and filed.
Seconded by Buol. Motion carried 7-0.
Swiss Valley Farms submitting audit
report for their fiscal year ending
September 30, 1998. (Copy of audit on
file in the City Clerk's Office),
presented and read. Voetberg moved
that the report be received and filed.
Seconded by BuoL Motion carried 7-0.
NOTICES OF CLAIMS/SUITS:
Bonnie Charboneau in amount of
$600.00 for vehicle damages; Judy
Healy in amount of $90.88 for tire
damage; Rita Reiser in unknown
amount for personal injuries; Pat'd
Schmi~z in unknown amount for
~ersonal injuries, presented and read.
Voetberg moved that the claims and
suits be referred to the Legal Staff for
investigation and report. Seconded by
Buol. Motion carded 7-0.
Corporation Counsel advising
following claims have been referred to
Public Entity Risk Services of iowa, the
agent for the iowa Communities
Assurance Pool: Vehicle damage of
B.F.I. Waste Systems of North
Amedca; Personal injury of Ricky
Eugene Meyer; Vehicle damage of
Thomas O. Nesler; Personal injury of
Bernadine A. Schmid, presented and
read. Voetberg moved that the
communications be received and filed.
Seconded by Buo[. Motion carded 7-0.
Corporation Counsel recommending
seElements of property damage claim
of Dr. & Mm. William J. Dali in amount
of $60.15 and Vehicle damage of
Timothy H. Kelly in amount of $208.11
and Finance Director to issue proper
checks, presented and read. Voetberg
moved that the communication be
received and filed and approved
set'dements with Finance Director to
issue proper check. Seconded by
Buol. Motion carded 7-0.
Corporation Counsel advising of
forwarding Ronda L. and Paul
Kirkegaard claim to Les Reddick, Esq.,
for a defense, presented and read.
Voetberg moved that the
communication be received and filed.
Seconded by Buol. Motion carded 7-0.
Harold McMahon suggesting
Rosedale Ave. from West Locust
Special Session, March 15~ 1999
Street to Grandview be re-named "East
Rosedale Avenue" and that Rosedale
from Avoca Street to Asbury Road be
re-named "West Rosedale Avenue,"
presented and read. Voetberg moved
that the communication be referred to
the City Manager and Staff. Seconded
by Buol. Motion carded 7-0.
RESOLUTION NO. 120-99
A RESOLUTION ACCEPTING THE
DEED TO CERTAIN REAL ESTATE IN
DUBUQUE COUNTY, IOWA FROM
ELIZABETH A. TAKES
Whereas, the City of Dubuque has
purchased the following described real
estate in Dubuque County, Iowa:
Lot 2 of Lot 2 of Lot 1, Lot 1 of Lot 2 of
Lot 2, Lot 1 of Lot 2 of Lot 1 and Lot 2
of Lot 2 of Lot 2, in Sanford's
Subdivision; and Lot 1 of Lot 2 of Lot
101, and Lot 2 of Lot 2 of Lot 101, in
L.H. Langworthy's addition; in the City
of Dubuque, Iowa, according to the
recorded plat thereof.
And Whereas, the terms of the
Purchase Agreement for said real
estate have been met and Elizabeth A.
Takes had delivered a Warranty Deed,
a copy of which is attached hereto.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA,
AS FOLLOWS:
1. The City of Dubuque hereby
accepts the Warranty Deed from
Elizabeth A. Takes, a copy of which is
attached hereto.
2. The City Clerk is hereby
authorized and directed to record this
Resolution and the Warranty Deed with
the Dubuque County Recorder as
provided in iowa Code sec. 569.7.
Passed, approved and adopted this
15th day of March, 1999.
Torrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Voatberg moved adoption of the
Resolution. Seconded by BuoL Motion
carried 7-0.
Mike Strader reque~ng to purchase
a portion of city property located in the
southern por~on of the AP Woods
Addition (includes Williams Street and
the strip north of Williams St., which is
owned by the Cb), presented and
read. Voatberg moved that the
communication be received and filed
and referred to the City Manager and
Staff. Seconded by BuoL Motion
carded 7-0.
Zoning Advisory Commission
advising of their approval of plat for
Warren and Robin Amling - 2274
Washington St., presented and read.
Voetberg moved that the
communication be received and filed.
Seconded by BuoL Motion carried 7-0.
RESOLUTION NO. 121-99
A RESOLUTION APPROVING THE
PLAT OF SUBDIVISION OF LOTS 1
AND 2 OF WARREN AND ROBIN
AMLING SUBDIVISION IN THE CITY
OF DUBUQUE, IOWA
Whereas, there has been flied with
the City Clerk a plat of subdivision of
Lot 1 and Lot 2 of Warren and Robin
Amling's subdivision in the City of
Dubuque, Iowa; and
Whereas, said plat provides 10.15
feet of frontage and 2,438 square feet
of area for Lot 2, where 60 feet of lot
frontage and 6,000 square feet of lot
area is required by Section 42.19(b) of
the Subdivision Regulations; and
Whereas, ssJd survey plat has been
examined by the Zoning Advisory
Commission and had its approval
endorsed thereon; and
Whereas, said survey plat has been
examined by the City council and they
find that it conforms to the statutes and
ordinances relating thereto.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section 1. That Section 42-19(b) of
the Subdivision Regulations is waived
to allow Lot 2 to have 10.15 feet of
frontage, and 2,438 square feet of lot
area, where 60 feet of frontage and
6,000 square feet of lot area is
required.
Section 2. That the plat of
subdivision of Lots 1 and 2 of Warren
and Robin Amling's subdivision is
hereby approved and the Mayor and
City Clerk are hereby authorized and
directed to endome the approval of the
City of Dubuque, Iowa, upon said final
plat.
Passed, approved and adopted this
15th day of March, 1999.
Torrance M. Duggan, Mayor
Attest MaryA. Davis, City Clerk
ACCEPTANCE OF
RESOLUTION NO. 121-99
We, the undersigned, Warren
Amling and Robin Amling, having read
the terms and condi~ons of the
Resolution No. 121-99 and being
familiar with the conditions thereof,
hereby accept this same and agree to
the conditions required therein.
Dated in Dubuque, Iowa this 16th
day of March, 1999.
By Is/Warren Amling
t05 Regular Session, March 15, 1999
By/si Robin Amling
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7-0.
Zoning Advisory Commission
advising of their approval of plat of Tim
Widmeier 775 Gillespie Street,
presented and read. Vostberg moved
that the communication be received
and filed. Seconded by Buol. Mo'don
carried 7-0.
RESOLUTION NO. 122-99
A RESOLUTION APPROVING THE
SURVEY PLAT OF WIDMEIER
PLACE IN THE CITY OF DUBUQUE,
IOWA
Whereas, there has been tiled w~th
the City Clerk a survey plst of
Widmeier Place in the C~ of Dubuque,
Iowa; and
Whereas, said plat provides 0 feet of
frontage for Lot I and Lot 2, where 60
feet is required by Section 42.19(b) of
the Subdivision Regulations; and
Whereas, said survey plat has been
examined by the Zoning Advisory
Commission and had its approval
endorsed thereon; and
Whereas, said survey plat has been
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating thereto.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of
the Subdivision Regulations is waived
to allow Lot I and Lot 2 to have 0 feet
of frontage, where 60 feet of frontage is
required provided that Lot I and Lot 2
have an access easement to a public
street.
Section 2. That the survey plat of
Widmeier Place is hereby approved
and the Mayor and City Clerk are
hereby authorized and directed to
endorse the approval of the City of
Dubuque, Iowa, upon said final plat.
Passed, approved and adopted this
15th day of March, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
ACCEPTANCE OF
RESOLUTION NO. 122-99
We, the undersigned, Tim Widmeier
and Vickie Widmeier, having read the
terms and conditions of the Resolution
No. 122-99 and being familiar with the
conditions thereof, hereby accept this
same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this 16th
day of March, 1999.
By/s/Tim Widmeier
By/s/Vickie Widmeier
Voetberg moved adoption of the
Resolution. Seconded by Duel. Motion
carried 7-0.
Zoning Advisory Commission
advising of their approval of plat for
Charles Burkhart- 3347, 3349 & 3359
Center Grove Drive, presented and
I read. Voetberg moved that the
communication be received and tiled.
Seconded by Duel Motion carded 7-0.
RESOLUTION NO. 123-99
RESOLUTION APPROVING THE
SURVEY PLAT OF LOT 1 OF
CENTER GROVE SCHOOL ADDITION
IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been flied with
the City Clerk a survey plat of Lot 1 of
Center Grove School Add~on, in the
City of Dubuque, Iowa; and
Whereas, upon said survey plat
abuts an existing street known as
Center Grove Drive; and
Whereas, the sur~ey plat has been
examined by the Zoning Advisory
Commission and had its approval
endorsed thereon; and
Whereas, said survey plat has been
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating to it;, and
Whereas, the City Council concurs
in the conditions of approval
established by the Zoning Advisory
Commission.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section 1. That the survey plat of Lot
1 and Center Grove School Addition is
hereby approved and the Mayor and
City Clerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, Iowa, upon said
survey plat, provided the owner of said
property herein named, executes his
written acceptance hereto attached.
Section 2. That in the event Chades
Burkart shall fail-to execute the
acceptance within 180 days after the
date of this Resolution, the provisions
hereof shall be null and void and
approval of the plat shall not be
effective.
Passed, approved and adopted this
15th day of March, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A; Davis, City Clerk
ACCEPTANCE OF
RESOLUTION NO. 123-99
I, the undersigned, Chades Burkart,
having read the terms and conditions of
Special Session,
the Resolution No. 123-g9 and being
familiar with the conditions thereof,
hereby accept this same and agree to
the conditions required therein.
Dated in Dubuque, iowa this 16th
day of March, 1999.
By Is/Chades Burkart
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7-0.
Zoning Advisory Commission
advising of their approval of Preliminary
Plat of Forest Ridge Estates
Woodview Ddve in Bardngton Lakes
Subdivision (County), presented and
read. Voetberg moved that the
communication be received and filed.
Seconded by BuoL Motion carried 7-0.
City Manager recommending to
approve second amendment to
Development Agreement for ADC
Properties, LC. and Advanced Data-
Corem, Inc., presented and read.
Voetberg moved that the
communication be received and filed.
Seconded by BuoL Mofion carded 7-0.
RESOLUTION NO, 124-99
RESOLUTION APPROVING SECOND
AMENDMENT TO DEVELOPMENT
AGREEMENT
Whereas, the City of Dubuque, Iowa
(the "City'), ADC Preperfies, L.C. (the
"Developer'), and Advanced Data-
Comm, Inc. (the "Employer") are
parties to a Development Agreement
dated as of November 1S, 1998, as
amended (together, the "Development
Agreement"), with respect to the
construction of certain Minimum
Improvements on the Development
Property described therein; and
Whereas, the Development
Agreement provides for the issuance of
an urban renewal tax increment
revenue obligation by the City as a
means of funding an Economic
Development Grant to the Employer;
and
Whereas, the parties have
determined to amend the Development
Agreement so as to provide further
assurances to the purchaser of the
City's tax increment obligation.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA,
AS FOLLOWS:
1. The form and content of the
Second Amendment to Development
Agreement, in the form presented to
this meeting, is hereby authorized and
March 1571999 [06
approved, and the Mayor and the City
Clerk are hereby authorized and
directed to execute and seal the same
on behalf of the City in the form so
presented, but with such changes as to
them shall be necessary or
apprepfiate, upon the advice of the
Corporation Counsel, and thereafter to
cause the City to comply with the terms
of the Second Amendment to
Development Agreement as so
executed.
Passed and approved this 15th day
of March, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, CH Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7-0.
City Manager recommending to
3roceed with issuance of Urban
Renewal Tax Increment Revenue
Bonds for ADA Properties,,
LC/Advanced Date-Comm, Inc.,
)resented and read. Voetberg moved
that the communication be received
and filed. Seconded by BuoL Motion
carded 7-0.
RESOLUTION NO. 125-99
A RESOLUTION AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OF
$900,000 URBAN RENEWAL TAX
INCREMENT REVENUE BONDS,
TAXABLE SEPJES 1999A, OF THE
CITY OF DUBUQUE, IOWA, AND
PROVIDING FOR THE SECURING OF
SUCH BONDS FOR THE PURPOSE
OF CARRYING OUT AN URBAN
RENEWAL PROJECT IN THE AREA
OF THE CITY OF DUBUQUE, IOWA
DESIGNATED AS THE DUBUQUE
INDUSTRIAL CENTER/SOUTH
ECONOMIC DEVELOPMENT
DISTRICT
WHEREAS, the City Council of the
City of Dubuque, Iowa (the "City" orthe
"Issuer") did heretofore adopt an Urban
Renewal Plan by Resolution No. 141-
97 of this City Council approved on
Apdl 7, 1997 (the "Urban Renewal
Plan"), under which plan there is to be
carded out urban renewal project
activities in an area designated as the
Dubuque Industrial Center/South
Economic Development Distdct (the
"Project Area"); and
WHEREAS, it is presently e~mated
that the costs of carrying out the
purposes and provisions of the Urban
Renewal Plan for the Project Area,
including the purpose set forth in
Section 3 hereof, exceed $900,000,
].07 Regular Session, March 15, 1999
and provisions must now be made by
the City to provide for the payment of
such costs by the issuance of Bonds;
and
WHEREAS, the City did, on
November 3, 1997, adopt Ordinance
No. 65-97, (the "Ordinance"), under
which the taxes levied on the taxable
property in the Project Area shall be
divided, and a special fund created
under the authority of Section
403.19(2) of the Code of Iowa, as
amended (which special fund is
hereinafter referred to as the
"Technology Park Urban Renewal Tax
Increment Revenue Fund" or "Revenue
Fund"} which fund was created in order
to pay the principal of and interest on
loans, monies advanced to or
indebtedness whether funded,
refunded, assumed, or otherwise,
including bonds issued under the
authodty of Section 403.9(1) of the
Code of Iowa, as amended, incurred by
the City to finance or refinance in whole
or in part urban renewal project
activities undertaken within the Project
Area, and pursuant to which Ordinance
such Revenue Fund may be
irrevocably pledged by the City for the
payment of principal and interest on
such indebtedness; and
WHEREAS, the notice of intention of
Issuer to take action for the issuance of
not to exceed $900,000 Urban
Renewal Tax Increment Revenue
Bonds has heretofore been duly
published and no objections to such
proposed action have been tiled and it
is now necessary and advisable that
provisions be made for the issuance of
Bonds to the amount of $900,000
pursuant to the previsions of Section
403.9(1) of the Code of Iowa, payable
from a portion of the income and
proceeds of the Revenue Fund and
other funds of the City deitved from or
held in connection with the undertaking
and caring out of the Urban Renewal
Plan for the Project Area as described
herein.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IN THE
COUNTY OF DUBUQUE, STATE OF
IOWA:
Section 1. Definitions. Thefoliowing
terms shall have the following
meanings in this Resolution unless the
text expressly or by necessary
implication requires otherwise:
· "Bonds" or "Bond" shall mean the
$900,000 Urban Renewal Tax
Increment Revenue Bond, Taxable
Series 1999A, authorized to be issued
by this Resolution;
· "Clerk" shall mean the City Clerk
or such other officer of the successor
Governing Body as shall be charged
w~h substantially the same duties and
responsibilities;
· "Corporate Seal" shall mean the
offficial seal of Issuer adopted by the
Governing Body;
+ "Developer" shall mean ADC
Properties, L.C., an Iowa limited liability
company;
· "Development Agreement" shall
mean the Development Agreement
dated as of November 16, 1998 by and
among the City, the Developer and
Advanced Data-Camm, Inc., an Iowa
corporation, as amended from time to
time;
· "Development Property" sha[J
mean that portion of the Project Area
conveyed by the City to the Developer
under the terms of the Development
Agreement, upon which the Developer
has covenanted to construct the
Minimum Improvements, being legally
described as Lots 4 and 5, Block 2 of
Dubuque Technology Park, in the City
of Dubuque, Dubuque County, Iowa;
· "Fiscal Year" sha[J mean the
twelve-month period beginning on July
I of each year and ending on the last
day of June of the following year, or
any other consecutive twelve-month
period adopted by the Governing Body
or by law as the official accounting
period of the {ssuer,
· "Governing Body" shall mean the
City Council of the City, or its
successor in function with respect to
the operation and control of the Project
Area;
· "independent Auditor" shall mean
an independent firm of Certified Public
Accountants or the Auditor of State;
· "Issuer" and "City" shall mean the
City of Dubuque, Iowa;
· "Minimum Improvements" shall
mean the construction by the
Developer on the Development
Property of an office building of not less
than sixty thousand (60,000) square
feet of floor space along with
necessary site work and off-street
parking, in accordance with the terms
of the Development Agreement;
· "Original Purchaser" shall mean
American Trust & Savings Bank,
Dubuque, Iowa, as the purchaser of the
Bonds from Issuer at the time of their
original issuance;
+ "Paying Agent" shall be the City
Treasurer, or such successor as may
be approved by Issuer as provided
herein and who shall carry out the
Special Session, March 15~ 1999 108
duties prescribed herein as Issuer's
agent to provide for the payment of
principal of and interest on the Bonds
as the same shall become due;
· "Project Area" shall mean the
Dubuque Industrial Center/South
Economic Development District of the
issuer, as amended, from time to time
as permitted by Section 17(d).
· "Project Fund" or "Construction
Accounf' shall mean the fund required
to be established by this Resdiudon for
the deposit of the proceeds of the
Bonds;
· "Registrar" shall be the City
Treasurer of Dubuque, Iowa, er such
successor as may be approved by
Issuer as provided herein and who
shall car~' out the duties prescribed
herein with respect to maintaining a
register of the owners of the Bonds.
Unless othe~vise specified, the
Registrar shall aisc act as Transfer
Agent for the Bonds;
· "Tax Increments" means the
property tax revenues dMded and
made available to the City for deposit in
the Techndiogy Park Urban Renewal
Tax Increment Revenue Fund under
the provisions of Section 403.19 of the
Code and the Ordinance;
· ''Technology Park (ADC)
Account'' means a separate account
within the Technology Park Urban
Renewal Tax Increment Revenue Fund
of the City, in which there shall be
deposited ail Tax Increments received
by the City in respect of the Minimum
Improvements and the Development
Property;
· "Technology Park Urban Renewal
Tax Increment Revenue Fund" means
the special fund of the City crested
under the author~y of Section
403.19(2) of the Code of Iowa and the
Ordinance, which fund was created in
order to pay the principal of and
interest on loans, monies advanced to,
or indebtedness, whether funded,
refunded, assumed or othenMse,
including bonds or other obligations
issued under the authority of Section
403.19 or 403.12 of the Code of Iowa,
incurred by the City to finance or
refinance in whole or in part projects
undertaken pursuant to the Urban
Renewal Plan for the Project Area
· 'Treasurer" shall mean the City
Treasurer or such other officer as shall
succeed to the same duties and
responsibilities with respect to the
recording and payment of the Bonds
issued hereunder; and
Section 2. Authority. The Bonds
authorized by this Resolution shall be
issued pursuant to Section 403.9 of the
Code of Iowa, and in compliance with
all applicable provisions of the
Cons~tufion and laws of the State of
Iowa.
The Purchase Agreement bstween
the City and the Qdginal Purchaser is
hereby approved, and the Mayor and
City Clerk are authorized to execute
and deliver the same on behalf of the
City.
Section 3. AuthodTafion and
Purnose. There are heraby authorized
to be issued, negotiable, sedal, fully
registered Urban Renewal Tax
Increment Revenue Bonds, Taxable
Series 1999A, of the City of Dubuque,
in the County of Dubuque, State of
Iowa, in the aggregate amount of
$900,000 for the purpose of paying
costs of aiding in the planning,
undertaking and carrying out of urban
renewal project activ~es under the
authority of Chapter 403 of the Code of
Iowa and the Urban Renewal Plan for
the Dubuque Industrial Center/South
Economic Development District,
including those costs associated with
the funding of an economic
development grant to Advanced Data-
Corem, Inc., an Iowa corporation,
3ursuant to and under the cond~ons
set forth in a Development Agreement
dated as of November 16, 1998 by and
among the City of Dubuque, ADC
Properties, LC., an Iowa limited liability
company, and Advanced Data-Corem,
Section 4. Source of Payment As
)rovided and required by Chapter 403
of the Code of Iowa, and Section
403.9, the Bonds and interest thereon
shall be payable from and secured
solely and only by amounts deposited
and held from time to time in the
Technology Park (ADC) TIF Account of
the City. The City hereby covenants
and agrees to maintain the Ordinance
in force during the term of the Bonds
and to apply the Tax Increments
collected in respect of the Development
Property and the Minimum
Improvements located thereon and
allocated to the Technology Park
(ADC) TIF Account to the payment of
the principal of and interest on the
Bonds. The Bonds shall not be
payable in any manner from other Tax
Increments generated from properties
within the Project Area er by general
taxation or from any other City funds.
The Bonds shall not constitute an
indebtedness within the meaning of
any ststutory debt lim~t~on or
restriction and shall not be subject to
[09 Regular Session, March 15, 1999
the provisions of any other law relating
to the authorization, issuance or sale of
bonds.
The Bonds shall recite in substance
that they have been issued by the City
in connection with an urban renewal
project as defined in Chapter 403 of the
Code of Iowa, and in any suit, action or
proceeding invoMng the validity or
enforceability of any Bond issued
hereunder or the security therefor, such
Bonds shall be conclusively deemed to
have been issued for such purpose and
such project shall be conclusively
deemed to have been planned, located
and carded out in accordance with the
provisions of Chapter 403 of the Code
of Iowa.
Section 5. Bond Details. Urban
RenewaJ Tax increment Revenue
Bonds of the City Jn the amount of
$900,000 shall be iseued pursuant to
the provisions of Section 403,9 of the
Code of Iowa for the aforesaid
purpose. The Bonds shall be
designated "URBAN RENEWAL TAX
INCREMENT REVENUE BOND,
TAXABLE SERIES 1999A", be dated
as of March 18, 1999 (or such other
date as shall be acceptable to the
Original Purchaser), and bear interest
from the date thereof, until payment
thereof, at the office of the Paying
Agent, said interest payable on June
30, 1999 and semiannually thereafter
on the 1st day of December and June
in each year until maturity at the rates
hereinafter provided.
The Bonds shall bear interest from
their date of delivery at the initial rate of
seven and one-quarter percent (7.25%)
per annum (the "Initial Rate"), which
Initial Rate shall be adjusted thereafter
on each of April 1, 2002, Apdl 1, 2005
and Apdl 1, 2008 (each an "Adjustment
Date"). Interest shall be calculated by
the Odginal Purchaser on each
Adjustment Date for the ensuing three-
year period to equal the prime rate of
interest as published in the Money
Rate section of The Wall Street
Journal, minus one-haif of one percent
(0.50%) (the "Adjusted Rate"). In no
event shall the Adjusted Rate cause
the rate of interest borne by the Bonds
to exceed nine percent (9%) or to be
less than six percent (6%).
The Bonds shall mature in the
principal amounts set forth on the Debt
Service Schedule attached to the Bond
as Exhibit A and incorporated herein by
this reference. As set forth on said
Debt Service Schedule, principal shall
be payable on December 31, 2001 and
semiannually thereafter on June 30th
and December 31st of each year in the
amounts set forth therein until principal
and interest are fully paid, except that
the final installment of the entire
balance of principal and interest, if not
sooner paid, shall become due and
payable on June 30, 2011. On each
Adjustment Date, the Debt Service
Schedule shall be adjusted by the
Original Purchaser to reflect the
Adjusted Rate to be borne by the
Bonds for the succeeding three-year
period, calculated as described above.
Principal maturities shall be adjusted to
the extent practicable to provide for
substantially level payments of
principal and interest in each year.
Such revised Exhibit A thereafter shall
be deemed to be incorporated herein
by reference and made a part hereof
and supersede and replace the Debt
Service Schedule initially attached to
the Bonds.
The Bonds shall be executed by the
manual signature of the Mayor and
attested by the manual signature of the
City Clerk, and impressed with the seal
of the City and shall be fully registered
as to both principal and interest as
provided in this Resolution; principal
interest and premium, if any shall be
payable at the office of the Paying
Agent by mailing of a check to the
registered owner of the Bond. The
Bonds shall be in the denomination of
$5,000 or mu~ples thereof and shall, at
the request of the Odginal Purchaser,
be issued initially as a single Bond in
the principal amount of $900,000 and
numbered R-I.
Section 6. Redemption. The Bonds
may be called for redemption by the
Issuer and paid before maturity on any
date, from any funds regardless of
source, in whole or from time to time in
part, by giving thirty days' notice of
redemption by registered mail, to the
registered owner of the Bond. The
terms of redemption shall be par, plus
accrued interest to date of call.
Section 7. Reaistretion of Bonds;
A~ointment of ~.aistrer: Trensfe, r'
Ownership: Delivery: and Cancellaflorl:
(a} Registration. The ownership of
Bonds may be transferred only by the
making of an entry upon the books kept
for the registration and transfer of
ownership of the Bonds, and in no
other way. The Treasurer is hereby
appointed as Bond Registrar under the
terms of this Resolution. Registrar
shall maintain the books of the Issuer
for the registration of ownership of the
Bonds for the payment of principal of
and interest on the Bonds as provided
Special Session, March 15,1999
110
in this Resolution. All Bonds shall be
negotiable as provided in Article 8 of
the Uniform Commercial Code and
Section 384.83(5) of the Code of Iowa,
subject to the provisions for registration
and transfer contained in the Bonds
and in this Resolution.
(b) Transfer. The ownership of any
Bond may be transferred on~y upon the
Registration Books kept for the
registration and transfer of Bonds and
only upon surrender thereof at the
office of the Registrar together with an
assignment duiy executed by the
holder or his duly authorized attorney in
fact in such form as shall be
satisfactory to the Registrar, along with
the address and social security number
or federal employer identification
number of such transferee (or, if
registration is to be made in the name
of multiple individuals, of all such
transferees). In the event that the
address of the registered owner of a
Bond (other than a registered owner
which is the nominee of the broker or
dealer in question) is that of a broker or
dealer, there must be disclosed on the
Registration Books the information
pertaining to the registered owner
required above. Upon the transfer of
any such Bond, a new fully registered
Bond, of any denomination or
denominations permitted by this
Resdiution in aggregate principal
amount equal to the unmatured and
unredeemed pdndipal amount of such
transferred fully registered Bond, and
beadng interest at the same rate and
maturing on the same date or dates
shall be delivered by the Registrar.
(c) Reeistration of Transferred
Bonds. In all cases of the transfer of
the Bonds, the Registrar shall register,
at the eadiest practicable time, on the
Registration Books, the Bonds, in
accordance with the provisions of this
Resolution.
(d) Ownership. As to any Bond, the
person in whose name the ownership
of the same shall be registered on the
Registration Books of the Registrar
shall be deemed and regarded as the
absolute owner thereof for all
purposes, and payment of or on
account of the principal of any such
Bonds and the premium, if any, and
interest thereon shall be made only to
or upon the order of the registered
owner thereof or his legal
representa~e. All such payments
shall be valid and effectual to satisfy
and discharge the liability upon such
Bond, including the interest thereon, to
the extent of the sum or sums so paid.
(e) Cancellation. Ali Bonds which
have been redeemed shall not be
reissued but shall be canceled by the
Registrar. Ail Bonds which are
canceled by the Registrar shatl be
destroyed and a certificate of the
destruction thereof shall be furnished
promptly to the lesuer, provided that if
the Issuer shall so direct, the Registrar
shall forward the canceled Bonds to the
Issuer.
(0 Non-Pre.~entm~nt of Rond~ in
the event any payment check
representing payment of pdncipat of or
interest on the Bonds is returned to the
Paying Agent or is not presented for
payment of pdncipat at the maturity or
redemp~on date, if funds suf~cient to
pay such principal of or interest on
Bonds shall have been made available
to the Paying Agent for the benefit of
the owner thereof, all liability of the
Issuer to the owner thereof for such
interest or payment of such Bonds shall
forthwith cease, terminate and be
completely discharged, and thereupon
it shall be the duty of the Paying Agent
to hdid such funds, without liability for
iaterest thereon, for the benefit of the
owner of such Bonds who shell
thereafter be restricted exclusively to
such funds for any claim of whatever
nature on his part under this Resolution
or on, or with respect to, such interest
or Bonds. The Paying Agent's
obligation to hold such funds shall
continue for a period equal to two years
interest or principal became due,
whether at maturity, or at the date fixed
for redemption thereof, or othen,vise, at
which time the Paying Agent, shall
surrender any remaining funds so held
to the Issuer, whereupon any claim
under this Resdiution by the Owners of
such interest or Bonds of whatever
nature shall be made upon the Issuer.
Section 8. Reissu~nce of Mutilated
Destroyed. Stolen or Lost Bonds In
case any outstanding Bond shall
!become mutilated or be destroyed,
stolen or test, the Issuer shall at the
request of Registrar authenticate and
deliver a new Bond of like tenor and
amount as the Bond so mutilated,
destroyed, stolen or lost, in exchange
and substitution for such mubTated
Bond to Registrar, upon surrender of
such mutilated Bond, or in lieu of and
substitution for the Bond destroyed,
stolen or lost, upon tiling with the
Registrar evidence satisfactory to the
Registrar and Issuer that such Bond
has been destroyed, stolen or lost and
]roof of ownership thereof, and upon
furnishing the Registrar and Issuer v,Ath
] ] ] Regular Session, March 15, 1999
satisfactory indemnity and complying
with such other reasonable regulations
as the Issuer or its agent may prescribe
and paying such expenses as the
issuer may incur in connection
therewith.
Section 9. Record [')ate Payments
of principal and interest, otherwise than
upon full redemption, made in respect
of any Bond, shall be made to the
registered holder thereof or to their
designated agent as the same appear
on the books of the Registrar on the
15th day of the month preceding the
payment date. Ali such payments shall
fully discharge the obligations of the
Issuer in respect of such Bonds to the
extent of the payments so made.
Payment of principal shall only be
made upon surrender of the Bond to
the Paying Agent.
Section 10. Execution,
Authentic. aries end Delivery of the~
Bonds. Upon the adoption of this
Resolution, the Mayor and Clerk shall
execute and deliver the Bonds to the
Registrar, who shall authenticate the
Bonds and deliver the same to or upon
order of the Original Purchaser. No
Bond shall be valid or obligatory for any
purpose or shall be entitled to any dght
or bene¢~ hereunder unless the
Registrar shall duly endorse and
execute on such Bond a Cer~cate of
Authentication substantially in the form
of the Certificate herein set forth. Such
Certificate upon any Bond executed on
behalf of the issuer shall be conclusive
evidence that the Bond so
authenlJcated has been duly issued
under this Resolution and that the
holder thereof is ended to the benefits
of this Resolution.
Section 11. Right to Name
Substitute Pavina Aesnt or Reaistrar.
issuer reserves the right to name a
subs~ute, successor Registrar or
Paying Agent upon giving prompt
written notice to each registered
Bondholder.
Section 12. Form of Bond. Bonds
shall be pdnted in substantial
compliance wffh standards proposed
by the American Standards Institute
substantially in the form as follows:
(9)
(ga)
(10)
(ConQnucd on thc back oft.his Bond)
FIGUP~E
(Front)
Special Session, March 15, 1999 1'12
(1o)
(Continued)
FIGURE2
(Back)
The text of the Bonds to be located
thereon at the item numbers shown
shall be as follows:
Item 1, figure 1 = "STATE OF IOWA"
"COUNTY OF DUBUQUE"
"CITY OF DUBUQUE"
"URBAN RENEWAL TAX INCREMENT
REVENUE BOND"
'"FAX, ABLE SERIES 1999A"
~i'AXABLE FOR FEDERAL INCOME
TAX PURPOSES]
Item 2, figure 1 = Rate: As
described herein
Item 3, figure 1 = Maturity: As
described herein
Item 4, figure 1 = Bond Date: March
18, 1999
Item 5, figure I = Cusip No.:
item 6, figure 1 = "Registered"
Item 7, figure 1 = Ced/ficate No. R-1
Item 8, figure 1 = Principal Amount:
$900,000
Item 9, figure 1 = The City of
Dubuque, Iowa, a municipal
corporation organized and existing
under and by virtue of the Constitution
and laws of the State of Iowa (the
"issuer"), for value received, promises
to pay frem the source and as
hereinafter provided, on the maturity
date indicated above, to
Item 9A, figure 1 = (Registrafion
3ariel to be completed by Registrar or
Pdnter with name of Registered
Owner}.
(tern 10, figure 1 = or registered
assigns, the principal sum of (Drincioal
amount writfen out) THOUSAND
DOLLARS in lawful money of the
United States of America, on the
matudty date shown above, only upon
)resentation and surrender hereof at
the office of the City Treasurer, Paying
Regular Session, March 15, 1999
Agent of this issue, or its successor,
with interest on said sum from the date
hereof until paid at the rate per annum
specified above, payable on June 30,
1999, and semiannually thereafter on
the 1st day of June and December in
each year.
This Bond shall bear interest from its
date of delivery at the in,al rate of
seven and one-quarter percent (7.25%)
per annum (the "Initial Rate"), which
Initial Rate shall be adjusted thereafter
on each of April 1, 2002, April 1, 2005
and Apd[ 1, 2008 (each an "Adjustment
Date"). Interest shall be calculated by
American Trust & Savings Bank,
Dubuque, Iowa (the "Original
Purchaser'') on each Adjustment Date
for the ensuing three-year period to
equal the prime rate of interest as
published in the Money Rate section of
The Wall Street Journal, minus one-
half of one percent (0.50%) (the
"Adjusted Rate"). In no event shailthe
Adjusted Rate cause the rate of
interest borne by the Bonds to exceed
nine percent (9%) or to be less than six
percent (6%).
This Bond shall mature in the
principal amounts set forth on the Debt
Service Schedule attached hereto as
Exhibit A and incorporated herein by
this reference. As set forth on said
Debt Service Schedule, principal shall
be payable on December 31, 2001 and
semiannually thereafter on June 30th
and December 31st of each year in the
amounts set forth therein until principal
and interest are fully paid, except that
the final installment of the entire
balance of principal and interest, if not
sooner paid, shall become due and
payable on June 30, 2011. On each
Adjustment Date, the Debt Service
Schedule shall be adjusted by the
Original Purchaser to reflect the
Adjusted Rate to be borne by the
Bonds for the succeeding three-year
period, calculated as described above.
Principal maturities shall be adjusted to
the extent practicable to provide for
substantially level payments of
principal and interest in each year.
Such revised Exhibit A thereafter shall
be deemed to be incorporated herein
by reference and made a part hereof
and supersede and replace the Debt
Service Schedule initially attached to
the Bonds.
Interest and principal shall be paid to
the registered holder of the Bond as
shown on the records of ownemhip
maintained by the Registrar as of the
15th day of the month next preceding
such interest payment date. Interest
shall be computed on the basis of a
360-day year of twelve 30-day months.
THE ISSUER DOES NOT INTEND
OR REPRESENT THAT THE
INTEREST ON THiS BOND WILL BE
EXCLUDED FROM GROSS INCOME
FOR FEDERAL INCOME
=URPOSES UNDER SECTION 103
OF THE INTERNAL REVENUE CODE
OF 1986, AS AMENDED, AND THE
ISSUER IS NOT OBLIGATED TO
TAKE ANY ACTION TO ATTEMPT TO
SECURE ANY SUCH EXCLUSION.
THE HOLDER OF THIS BOND
THEREFORE SHOULD TREAT THE
INTEREST THEREON AS BEING
SUBJECT TO FEDERAL INCOME
TAXATION.
This Bond is issued pursuant to the
provisions of Section 403.9 of the Code
of Iowa, as amended, for the purpose
of paying costs of aiding in the
planning, undertaking and carrying out
of urban renewal project activities
under the authority of Chapter 403 of
the Code of Iowa and the Urban
Renewal Plan for the Dubuque
Industrial Center/South Economic
Development Disthct, including those
costs associated with the funding of an
economic development grant to
Advanced Data-Corem, Inc., an Iowa
corporation, pursuant to and under the
conditions set forth in a Development
Agreement dated as of November 16,
1998 by and among the City of
Dubuque, ADC Properties, L.C., an
Iowa limited liability company (the
"Developer"), and Advanced Data-
Corem, Inc., in conformity to a
Resolution of the Council of said City
duly passed and approved. This Bond
is not an indebtedness within the
meaning of any statutory provisions, or
a general obligation of the City.
This Bond may be called for
redemption by the issuer and paid
before maturity on any date, from any
funds regardless of source, in whole or
from time to time in part, by giving thirty
days' nofice of redemp~on by
registered mail, to the registered owner
of the Bond. The terms of redemp~on
shall be par, plus accrued interest to
date of call.
Ownership of this Bond may be
transferred only by transfer upon the
books kept for such purpose by the
City Treasurer, the Registrar. Such
transfer on the books shall occur only
upon presentation and surrender of this
Bond st the office of the Registrar,
together with an assignment duly
; executed by the owner hereof or his
duly authorized attorney in the form as
Special Session~ March 15+1999
114
shall be satisfactory to the Registrar.
Issuer reserves the right to substitute
the Registrar and Paying Agent but
shall, however, promptly give notice to
registered Bondholders of such
change. All Bonds shall be negotiable
as provided in Article 8 of the Unh'orm
Commercial Code and Section
384.83(5) of the Code of Iowa, subject
to the provisions for registration and
transfer contained in the Bond
Resolution.
This Bond, as provided in the Bond
Resolution of which notice is hereby
given and is hereby made a par~
hereof, is payable from and secured by
a pledge of the tax increment revenues
collected in respect of the Developer's
properties located within the Dubuque
Industrial Center/South Economic
Development District (the "Project
Area"), as defined and provided in said
Resolution, as referred to and
authorized in subsection 2 of Section
403.19 of the Code of Iowa, as
amended ("incremental taxes"). There
has heretofore been established and
the City covenants and agrees that it
will maintain in force an ordinance
providing for the division of incremental
taxes within the Project Area for the
establishment of a sinking fund to meet
the principal of and interest on this
Bond as the same becomes due. This
Bond is not payable in any manner by
general taxation and under no
circumstances shall the City be in any
manner liable by reason of the failure
of said tax increment revenues to be
sufficient for the payment hereof.
And it is hereby represented and
cer~ed that all acts, conditions and
things requisite, according to the laws
and Constitution of the State of Iowa, to
exist, to be had, to be done, or to be
performed precedent to the lawful issue
of this Bond, have been existent, had,
done and performed as required by
law.
IN TESTIMONY WHEREOF, said
City by its City Council has caused this
Bond to be signed by the manual
signature of its Mayor and attested by
the manual signature of its City Clerk,
with the seal of said City impressed
hereon, and authenticated by the
manual signature of an authorized
representative of the Registrar, the City
Treasurer, Dubuque, Iowa.
Item 11, figure 1 Date of
authentication:
Item 12, figure 1 = This is one of the
Bonds described in the within
mentioned
Resolution, as registered by the City
CITY TREASURER
By:
Registrar
Item 13, figure 1 = Registrar and
Transfer Agent City Treasurer
Paying Agent City Treasurer
Item 14, figure 1 = (Seal)
Item 15, figure 1 = [Signature Block]
CITY OF DUBUQUE, IOWA
By' ' '
Mayor
ATTEST:
By; Cftv Cl~rk'.~ manual slon~ture
City Clerk
Item 16, figure 2 = It is certified that the
following is a corroot and complete
copy of the opinion of bond counsel
issued as of the date of delivery of the
issue of which this Bond is a part.
(manual signature)
City Clerk
[Opinion of Bond Counsel]
Item 17, figure 2 = [Assignment Block
Information Required for Reg stration]
ASSIGNMENT
For value received, the undersigned
hereby sells, assigns and transfers
unto (Social Security or
Tax Ideut~cstion No. .) the
within Bond and does hereby
irrevocably constitute and appoint
attorney in fact to
transfer the said Bond on the books
kept for registration ef the within Bond,
with full power of substitution in the
~remises.
Dated:
(Person(s) executing this Assignment
sign(a) here)
SIGNATURE )
GUARANTEED)
'IMPORTANT- READ CAREFULLY
The signature(s) to this Power must
correspond with the name(s) as written
upon the face of the certificate(s) or
bond(s) in every particular without
alteration or enlargement or any
change whatever. Signature guarantee
must be provided in accordance with
the prevailing standards and
procedures of the Registrar and
Transfer Agent. Such standards and
procedures may require signature to be
guaranteed by certain eligible
guarantor institutions that participate in
a recognized signature guarantee
program.
INFORMATION REQUIRED FOR
REGISTRATION OF TRANSFER
115 Regular Session, March 15, 1999
Name of Transferee(s)
Address of Transferee(s)
Social Security or Tax
Identification Number of
Transferee(s)
Transferee is a(n):
Individual*
Corporation
Partnership
Trust
'If the Bond is to be registered in the
names of multiple indMdual owners,
the names of ali such owners and one
address and social security number
must be provided.
The following abbreviations, when
used in the inscription on the face of
this Bond, shall be construed as though
written out in full according to
applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of
survivorship and not as tenants in
IA UNIF TRANS MIN ACT
.......... Custodian ..........
(Cust) (Minor)
under Iowa Uniform Transfers to
Minors Act ...............
(State)
ADDITIONAL ABBREVIATIONS MAY
ALSO BE USED THOUGH NOT IN
THE ABOVE LIST.
Section 13. Equality of Lien. The
timely payment of principal of and
interest on the Bonds shall be secured
equally and ratably by the Tax
Increments collected and allocated to
the Technology Park (ADC) TIF
Account without pdority by reason of
number or time of sale or delivery; and
the Tax Increments collected and
allocated to the Technology Park
(ADC) TIF Account are hereby
irrevocably pledged to the timely
payment of both principal and interest
as the same become due.
Section 14.
Proceeds. An amount equal to the
initial reserve fund requirement shall be
deposited in the Reserve Fund for its
purposes as provided in Section 16.
An amount equal to $149,350 shall be
deposited in the Sinking Fund as
capitalized interest and paid on the first
five (5) installments of interest due on
the Bonds. The balance of proceeds
not applied to costs of issuance shall
be paid into the Project Fund and
applied for purposes of issue. Subject
to the [imitations contained in Code
Section 403.9(1) any amounts on hand
in the Project Fund shall be available
for the payment of the principal of or
interest on the Bonds at any time that
other funds of the Project shall be
insufficient to the purpose, in which
event such funds shall be repaid to the
Project Fund at the eadiest oppor[unity.
Any balance on hand in the Project
Fund and not immediately required for
its purposes may be invested not
inconsistent with limitations provided by
[aw or this Resolution. Any excess
proceeds remaining on hand shall be
paid into the Reserve Fund.
Section 15. Tax Levy. After its
adoption, a copy of this Resolution
shall be filed in the office cf the County
Auditor of Dubuque County to evidence
the pledging of the Technology Park
Urban Renewal Tax Increment
Revenue Fund and the portion of taxes
to be paid into the Technology Park
(ADC) TIF Account and, pursuant to
the direction of Section 403.19 of the
Code of Iowa, the Auditor shall
thereafter allocate the taxes in
accordance therewith and in
accordance with the Ordinance
referred to in the preamble hereof.
It is hereby cer~fied that the annual
amount of Tax Increments to be
collected pursuant to Section 403.19(2)
of the Code of Iowa shall be not less
than the annual requirement for
principal and interest, as follows:
Amount of Principal
~nd Interest
Fiscal Year
(Juiy 1 to June 30)
Year of Collection
84,100 1999/2000
65,250 2000/2001
128,087 2001/2002
128,087 2002/2003
128,087 2003/2004
128,087 2004/2005
128,087 2005/2006
128,087 2006/2007
128,087 2007/2008
128,087 2008/2009
128,087 2009/2010
128,087 2010/2011
Section 16. ~.Dolication of Revenues.
From and after the delivery of the
Bonds, and as long as the Bonds shall
be outstanding and unpaid either as to
principal or as to interest, or until all of
the Bonds then outstanding shall have
been discharged and satisfied in the
manner provided in this Resolution, the
Tax Increments collected in respect of
the Development Property and the
Minimum Improvements located
thereon shall be deposited as collected
Special Session, March 15~ 1999
116
Account and shall be disbursed only as
follows:
(a) Sinkind Fund. There is
hereby established and shall be
maintained a special fund within the
Technology Park (ADC) TIF Account
from which interest and principal on
the Bonds will be paid. The fund
shall be known as the ADC Principal
and Interest Fund (the "Sinking
Fund"). The amouatto be deposited
in the Sinking Fund in any year shall
be an amount equal to the
and principal coming due on such
Bonds during the fiscal year. Money
shall be first deposited into the
Interest Account of the Sinking Fund
to an amount equal to the interesl
failing due in each fiscal year.
Money shall next be deposited into
the Principal Account of the Sinking
Fund to an amount equal to the
principal falling due in each fiscal
year. Money in the Sinking Fund
shall be used solely for the purpose
of paying prindpal of and interest on
the Bonds, as the same shall
become due and payable.
(b) Reserve Fgr~d There is
hereby established and shall be
maintained a debt service reserve
fund within the Technology Park
(ADC) TIF Account in the amount of.
at least $100,650 (the "Reserve
Fund Requirement"). Such fund
shall be known as the ADC Reserve
Fund (the "Reserve Fund").
Whenever the amount on deposit in
the Reserve Fund shall be not tess
than the minimum required above,
no further deposits need be made
into the Reserve Fund except to
maintain said fund at such level
Money in the Reserve Fund shall be
used solely for the purpose of paying
principal at maturity of or interest on
the Bonds. Whenever it shall
.become necessary to so use money
In the Reserve Fund, the Issuer shall
make payments from any other
sums that may then be held in the
Technology Park (ADC) TIF Account
until it shall have been restored to
the required minimum amount.
(c) SUrPlus Eevenue. A~J
revenues thereafter remaining in the
Technology Park (ADC) TIF Account
shall be deposited to remedy any
deficiency in any of the funds
created by this Resolution, or may
be used to pay or reimburse the
Issuer for other ~oans, moneys
advanced to or indebtedness
incurred to finance or refinance in
whole or in part the project of the
Developer, as perm~ed by law, or
may be used to pay or redeem the
Bonds or for any lawful purpose.
Moneys on hand in the Project Fund
and all of the funds provided by this
Section may be invested only in direct
obligations of the United States
Government or deposited in financial
institutions which are members of the
Federal Deposit Insurance Corpora'don
("FDIC") and the deposits n which are
insured thereby and all such deposits
exceeding the maximum amount
insured from time to ~me by FDIC or its
equivalent successor in any one
financial ins~ufion shall be
continuously secured by a valid pledge
of direct obligations of the United
States Government having an
equivalent market value. AJtamative[y,
such moneys may be invested in tax-
exempt bonds or obligations of any
state or political subdivision thereof
which are rated by Moody's Investors
Servise or Standard & Poor's
Corporation at a rating classification
equal to or better than the rating
carried by the Bonds or, in the case of
short-term obligations, a rating of MIG-
1, S&P-1 or better. ,Nl such interim
investments shall mature before the
date on which the moneys are required
for the purposes for which said fund
was created or otheP, vise as herein
but in no event matudng in
more than three years in the case of
the Reserve Fund. The provisions of
this Section shall not be construed to
require the Issuer to maintain separate
bank accounts for the funds created by
this Secfion; except the Sinking Fund
and the Reserve Fund sbeii be
maintained in a separate account but
may be invested in conjun~on with
other funds of the City but designated
as a trust fund on the books and
records, of the City.
Ail ~ncome derived from such
investments shall be deposited in the
Technology Park (ADC) TIF Account
and shall be regarded as revenues
thereof. Such investments shall at any
time necessary be liquidated and the
proceeds thereof applied to the
purpose for which the respective fund
was created.
Section 17. Covenants Regarding
the ODeretlon of the Project Ama The
Issuer hereby covenants and agrees
with each and every holder of the
Bonds:
(a) Maintenance in Force. The
Issuer will maintain the Urban
Renewal Plan and the Ordinance in
force and will cause the incremental
117 Regular Session, March 15, 1999
taxes thereof to be levied annually in
an amount not lees than the principal
and interest falling due within the
year, and applied as provided in this
Resolution, unless the Bonds are
paid or sufficient provision for their
payment is made. Provided,
however, that to the extent that
amounts are on hand and are
sufficient to meet the payments
required to be made and to maintain
a sufficient balance in each fund as
required by this Resolution, the
Issuer may abate the levy of
incremental taxes in any year.
(b) Acesuntinq and Audlts. The
Issuer will cause to be kept proper
books and accounts adapted to the
Project Area and in accordance with
generally accepted accounting
practices, and will cause the books
and accounts to be audited annually
not later than 180 days after the end
~ of each fiscal year by an
Inde. pendent Auditor and will provide
copies of the audit report to the
Original Purchaser upon request.
The Original Purchaser and holders
of any of the Bonds shall have at all
reasonable times the right to inspect
the Issuer's records, accounts and
data of the lesuer relating to the
Revenue Fund or the Technology
Park (ADC) TIF Account
(c} State Laws. The Issuer will
faithfully and punctually perform all
duties with reference to the Urban
Renewal Plan required by the
Constitution and laws of the State of
Iowa, and will segregate the
revenues of the Project Area and
apply said revenues to the funds as
specified in this Resolution.
(d) Amendmenfs The lesuer
rese~es the tight to amend the
Urban Renewal Plan for the Project
Area and the Ordinance in its lawful
discretion; provided, that in no event
shall obligations resulting from an
amendment or merger have any
priority over the Bonds.
Section 18. Remedies Of
Bondholdem. Except as herein
expressly limited the holder or holders
of the Bonds shall have and possees
all the rights of action and remedies
afforded by the common law, the
Constitution and statutes of the State of
Iowa, and of the United States of
America, for the enforcement of
payment of their Bonds and interest
thereon, and of the pledge of the
revenues made hereunder, and of all
covenants of the Issuer hereunder.
Section 19. No Prior Lien or Parity
Bonds. The Issuer will issue no other
Bonds or obligations of any kind or
nature payable from or enjoying a lien
or claim on the property or revenues cf
the Technology Park (ADC) TIF
Account having pdority over the Bonds
or standing on a parity therewith with
respect to the lien and claim of such
additional obligations to the revenues
thereof and the money on deposit in
the funds created in this Resolution,
without the wdtten consent of the
Original Purchaser or other registered
holder of the Bond.
Section 20. Discharae aqd
Satisfaction of Bonds The covenants,
liens and pledges entered into, created
or imposed pursuant to this Resolution
may be fully discharged and satisfied
with respect to the Bonds in any one or
more of the following ways:
(a) By paying the Bonds when the
same shall become due and payable;
and
(b) By depositing in trust with the
Treasurer, or with a corporate trustee
designated by the governing body for
the payment of said obligations and
irrevocably appropriated exclusively to
that purpose an amount in cash or
direct obligations of the United States
the maturities and income of which
shall be sufficient to retire at maturity,
or by redemption pdor to maturity on a
designated date upon which said
obligations may be redeemed, all of
such obligations outstanding at the
time, together with the interest thereon
to maturity or to the designated
redemption date, premiums thereon, if
any that may be payable on the
redemption of the same; provided that
proper notice of redemption of all such
obligations to be redeemed shall have
been previously published er provisions
shall have been made for such
)ublication.
Upon such payment or deposit of
money or secur~es, or both, in the
amount and manner provided by this
Se~on, all liability of the Issuer with
respect to the Bonds shall cease,
determine and be completely
discharged, and the holders thereof
shall be entitled only to payment out of
the money or securities so deposited.
Section 21. Resolution a Contract.
The provisions of this Resolution shall
constitute a contract between the
Issuer and the holder or holders of the
Bonds, and after the issuance of any of
the Bonds no change, variation or
alteration of any kind in the provisions
of this Resolution shall be made in any
manner, except as provided in the next
Special Session, March 15, 1999
succeeding Section, until such time as
all of the Bonds, and interest due
thereon, shall have been satisfied and
discharged as provided in this
Resolution·
Section 22. Modification of
Resolution. This Resolution may be
amended from time to time ~f such
amendment shall have been,
to by holders of not less tha
in principal amount of the Bonds at any
· time outstanding (not including in any
case any Bonds which may then be
held or owned by or for the account of
the Issuer, but including such
Refunding Bonds as may have been
issued for the purpose of refunding any
of such Bonds ~f such Refunding Bonds
shall not then be owned by the Issuer);
but this Resolution may not be so
amended in such manner as to:
(a) Make any change in the matudty
or interest rate of the Bonds, or modify
the terms of payment of principal of or
!nterest on the Bonds or any of them or
Impose any cond~ons with respect to
such payment,
(b) Materially affectthe rights of the
holders of less than all of the Bonds
then outstanding; and
(e) Reduce the percentage of the
principal amount of Bonds, the consent
of the holders of which is required to
effect a further amendment.
Whenever the Issuer shall propose
to amend this Resolution under the
provisions of this Section, it shall cause
hat, ce of the proposed amendment to
be filed with the Odginal Purchaser or
to be mailed by certified mail to any
other registered owner of the Bond as
shown by the records of the Registrar.
Such notice shall sat forth the nature of
the proposed amendment and shall
state that a copy of the proposed
amendatory Resolution is on file in the
office of the City Clerk.
Whenever at any time wfthin one
year from the date of the mailing of
said notice there shall be filed with the
City Clerk an instrument or instruments
executed by the holders of at least two-
thirds in aggregate principal amount of
the Bonds then outstanding as in this
Section defined, which instrument or
instruments shall refer to the proposed
amendato~y Resolution described in
said notice and shall specifically
consent to and approve the adoption
thereof, thereupon, but not otherwise,
the governing body of the Issuer may
adopt such amendatory Resolution and
such Resolution shall become effective
and binding upon the holders of ail of
the Bonds.
118
Any consent given by the holder of a
Bond pursuant to the provisions of this
Section shall be irrevocable for a
pedod of six months from the date of
the instrument evidencing such
consent and shall be conclusive and
binding upon all future holders of the
same Bond dudng such pedod. Such
consent may be revoked at any time
after s~x months from the date of such
instrument by the holder who gave
such consent or by a successor in He
by filing notice of such revocation with
the City Clerk.
The fact and date of the execution of
any instrument under the provisions of
this Section may be proved by the
certificate of any officer in any
urisdiction who by the laws thereof is
authorized to take acknowledgments of
deeds within such jurisdiction that the
signing such instrument
acknowledged before him the
execution thereof, or may be proved by
an affidav~ of a witness to such
execution sworn to before such officer.
The amount and numbers of the
Bonds held by any person executing
such instrument and the date of his
holding the same may be proved by an
affidavit by such person or by a
certificate executed by an officer of a
bank or trust company showing that on
the date therein mentioned such
had on deposit with such bank
or trust company the Bonds described
in such cer~ficata.
Section 23. Severabil~. If any
section, paragraph, or provision of this
Resdiution shall be held to be invalid or
unenforceable for any reason, the
inva[idlty or unenforceability of such
section, paragraph or provision shall
not..affect any of the remaining
Section 24. Repeal of Conflicting
Ordinance8 or Resoll~fions and
Effective Date. All other ordinances,
resolu~ons and orders, or parts thereof,
in conflict With the provisions of this
Resolution are, to the extent of such
conflict, hereby repealed; and this
Resolution shall be in effect from and
after ~ adoption.
Passed and approved this 15th day
of March, 1999.
Torrance M. Duggan, Mayor
Attest Ma~, A. Davis CMC, C~ Clerk
Voetberg moved adoption of the
Resol~on. Seconded by BuoL Motion
carded 7-0.
City Manager recommending
approval of CEBA application for Cigna
Corp. parent company of Trilog, Inc.,
Regular Session, March 15, 1999
presented and read. Voetberg moved
that the communication be received
and filed. Seconded by Buol. Motion
carried 7~0.
RESOLUTION NO.126-99
A RESOLUTION AUTHORIZING THE
FILING OF A COMMUNITY
ECONOMIC BETTERMENT
ACCOUNT (CEBA) APPLICATION ON
BEHALF OF CIGNA CORPORATION.
Whereas, CIGNA Corporation, the
parent company of Tfilog, Inc., a local
pension plan administrator, has
proposed the expansion of its existing
operations in downtown Dubuque; and
Whereas, the City Council of
Dubuque, Iowa has considered said
proposal and has determined that the
proposed project Will contribute to the
local economy through the creation of
jobs for area residents; and
Whereas, the Iowa Department of
Economic Development's Community
Economic Betterment Account (CEBA)
was designed to assist in the economic
development efforts of local
jurisdictions; and
Whereas, the City of Dubuque, Iowa
is eligible to apply for funding from the
Community Economic Betterment
Account program.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the filing of an
application for participation in the Iowa
Community Economic Betterment
Account program on behalf of CIGNA
Corporation is approved.
Section 2. That the local match as
identified in the application is hereby
approved.
Sedan 3. That the Mayor is hereby
authorized and directed to execute and
submit said application to the State of
Iowa Economic Development
Commission together with such
documents as may be required.
Passed, approved, and adopted this
15th day of March, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded byBuoL Motion
carried 7-0.
C~ Manager recommending
approval to file for a Highway Safety
Grant in the amount of $9,000,
presented and read. Voetberg moved
that the communication be received
and filed and recommendation
approved. Seconded by Buo[. Motion
carried
City Manager recommending
approval of sub-lease for City [and
[eased by Dubuque Yacht Basin, Inc. to
Michael E. Welch, d/b/a Tugboat
Wi[ly's Inc., presented and read.
Voetberg moved that the
communication be received and filed
and approved recommendation.
Seconded by BuoL Motion carded 7-0.
RESOLUTION NO. 127-99
RESOLUTION GRANTING
AUTHORIZATION TO DUBUQUE
YACHT BASIN TO SUBLEASE
PROPERTY LEASED FROM THE
CITY OF DUBUQUE TO MICHAEL E.
WELCH, D/B/A TUGBOAT WILLY'S,
INC. OF DUBUQUE, IOWA
Whereas, the Dubuque Yacht Basin
has requested subleasing of a portion
of property leased by Dubuque Yacht
Basin from the City of Dubuque, Iowa,
to Michael E. Welch to operate a
restaurant to be known as Tugboat
Wi[ly's pursuant to the following leases:
1. Lease agreement dated April 8,
1970;
2. First amendment to lease dated
November 3, 1970;
3. Lease agreement dated FebruaryS,
1974;
4. Lease Agreement dated November
16, 1987; and
Whereas, the existing lease
agreements between the City of
Dubuque and the Dubuque Yacht
Basin stipulate that the Lessee has the
dght to sublet or assign any of its
rights, in and to the demised premises,
to any person or concern with pdor
written approval of the Lessor in that
the Lessor's interest shall be fully
)retected and which approval of the
Lessor shall not be unreasonably
withheld; and
Whereas, the sublease agreement
between the Dubuque Yacht Basin and
Tugboat Willy's, Inc. has been
reviewed and has been found to
)rotect the interest of the City of
Dubuque in the existing teases with the
Dubuque Yacht Basin.
NOW, THEREFORE, BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That approval be granted
to the Dubuque Yacht Basin, Inc. to
sublease a portion of its leased
property from the City of Dubuque to
Michael E. Welch, D/B/A Tugboat
Willy's, Inc., in accordance with the
sublease agreement between said
private parties dated February 23,
1999.
Special Session, March 15~ 1999
120
Section 2. That the term ofthesaid
sublease shall be from Apdl 1, 1999
and ending on March 31, 2004, with the
option to extend the lease through the
Year 2019 as per the terms of the
City's lease agreement with the
Dubuque Yacht Basin.
Section 3. That the sublease to
Tugboat Willy's, Inc. is bound by all
stated terms and conditions of the
existing leases between the City of
Dubuque and the Dubuque Yacht
Basin, Inc.
Passed, approved and adopted this
15th day of March, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by BuoL Motion
carded 7~0.
City Manager recommending
.acceptance of construction of roadway
Improvements for Dubuque Industrial
Center/South, presented and read.
Voetberg moved that the
communication be received and tiled.
Seconded by Budi. Motion carded 7-0.
RESOLUTION NO. 128-99
ACCEPTING IMPROVEMENT
Whereas, the contract for the
Dubuque Industrial Center South
Roadway Improvement Project has
been completed and the City Manager
has examined the work and filed his
certificate stating that the same has
been completed according to the terms
of the contract, plans and
specifications and recommends it
acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Thatthe recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor
through a RISE grant and the street
construction fund in amount equal to
the amount of his contract, less any
retained pementage provided for
therein.
Passed, approved and adopted this
15th day of March, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA: Davis, City Clerk
Voetberg moved adoption of the
Resolu~on. Seconded by BuoL Motion
carded 7-0.
RESOLUTION NO. 129-99
FINAL ESTIMATE
Whereas, the contract for the
Dubuque Industrial Center South
Roadway Improvement Project has
been completed and the City Engineer
has submitted his final estimate
showing the cost thereof including the
cost of estimates, notices and
inspection and all miscellaneous costs.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
Section 1. That the cost of said
~mprevement is hereby determined to
be $1,002 448.10 and the sa d amount
shall be paid through a RiSE grant and
the street construction fund of the CH
of Dubuque, Iowa.
Passed, approved and adopted this
15th day of March, 1999.
Terrence M. Duggan, Mayor
Attest: Ma~ A: Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carded 7-0.
City Manager recommending City
enter into a contract with Northeast
iowa Small Business Development
Center to provide Fourth
Entrepreneurship Training Course
through the City's Enterprise
I Opportunity Program, presented and
read. Voetherg moved that the
communication be received and tiled.
Seconded by BuoL Motion carded 7-0.
RESOLUTION NO. 139-99
A RESOLUTION APPROVING A
CONTRACT FOR SERVICES WITH
THE NORTHEAST IOWA SMALL
BUSINESS DEVELOPMENT CENTER
TO PROVIDE AN
ENTREPRENEURSHIP TRAINING
PROGRAM.
Whereas, the City of Dubuque, Iowa
has identified the need for expanded
economic opportunities for Iow and
moderate income persons; and
Whereas, the City's Consolidated
Plan for Housing and Community
Development has recommended an
Enterprise Opportunity Program to
~assist Iow and moderate income
entrepreneurs; and
Whereas, the current City budget
has allocated Commun~ Development
Block Grant funds for an Enterprise
Opportunity Program to provide training
and loans for Iow and moderate income
persons to become seE-sufficient
through self-employment; and
121 Regular Session, March 15, 1999
Whereas, the Northeast iowa Small
Business Development Center has
cerdt'led staff to provide
entrepreneurship training to indMduals
interested in starting their own
business.
NOW, THEREFORE, BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That a contract for
services with the Northeast Iowa Small
Business Development Center to
provide entrepreneurship training for
Iow and moderate income persons is
hereby approved.
Section 2. That the City Manager is
hereby authorized to execute, on behalf
of the City Council of the City of
Dubuque, Iowa, a contract with the
Northeast iowa Small Business
Development Center for consultant
services not to exceed $8,250.
Passed, approved and adopted this
15th day of March, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Voetberg moved adoption of the
Rssolution. Seconded by BuoL Motion
carried 7-0.
RESOLUTION NO. 130-99
Whereas, applications for Beer
Permits have been submitted and
to this Council for approval and the
same have been examined and
approved; and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
Ordinances of this City and have filed
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit.
CLASS"B" BEER PERMIT
8th Inning bbC. 8th Inning LLC.
+(Sunday/Outdoor Service)
1 Admiral Sheehy Dr.
Passed, approved and adopted this
15th day of March, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7-0.
RESOLUTION NO. 131-99
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the same
have been examined and approved;
and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
State Laws and all City Ordinances
relevant thereto and they have filed
proper bonds.
NOW, THEREFORE, BE [T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
That the Manager be authorized to
cause to be issued the fo[lowing named
applicants a Liquor License.
CLASS "B' (HOTEL/MOTEL)
BEER/LIQUOR LICENSE
Dubuque Historic Improve.
Redstone Inn+(Sunday Sale) 504 Bluff
CLASS "C"(COMMERCIAL)
BEER/LIQUOR LICENSE
Yardarm Inc. Yardarm +
(Sunday/Outdr Sale) 1201 Shires Ext
Lana Raye LuGrain P.J.'s
+(Sunday Sale) 500 Rhomberg Ave
Passed, approved and adopted this
15th dayof March, 1999.
Terrenca M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Voetherg moved adop~on of the
Rssol~on. Seconded by BuoL Motion
carried 7-0.
BOARDS AND COMMISSIONS:
ZONING BOARD OF ADJUSTMENT:
One Five Year term which will expire
3-25-00 (term of Gasper). Applicants:
William Gasper and Carl Scherbring.
Individuals are invited to address the
Council to express their desire to
serve. No one spoke.
Robbins moved to suspend the rules
to allow anyone present to address the
Council if they so desire. Seconded by
Buol. Motion carried 7-0.
Proof of publication ceri~ed to by
the Publisher on Notice of Public
Headng to reclassify property at 4100
Asbury Road from AG to C-2 District
(Tim Hilby), presented and read. Buol
moved that the proof be received and
filed. Seconded by Robbins. Motion
carded 7-0.
'Rm and Sara Hiiby spoke requesting
rezoning.
An Ordinance Amending Zoning Map
by reclassifying property located at
4100 Asbury Road from AG Agricultural
Distdct to C-2 Neighborhood Shopping
Center District, said Ordinance denied
by Zoning Commission, tirst and
second readings given 2-15-99, now
)resented for final action.
Special Session, March 15i 1999
127
(OFFICIAL PUBLICATION)
ORDINANCE NO. 21-99
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES.
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 4100 ASBURY ROAD FROM AG
AGRICULTURAL DISTRICT TO C-2
NEIGHBORHOOD SHOPPING
CENTER DISTRICT
NOW, THEREFORE, BE iT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA,
Section 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances is
hereby amended by recJaesifying the
hereinafter described property as
shown in Exhibit A, and to the center
line of the adjoining public right-of-way,
all in the City of Dubuque, Iowa from
AG Agricultural District to C-2
Neighborhood Shopping Center
DistdcL
Section 2. The foregoing
amendment has heretofore been
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take
effect immediately upon publication, as
provided by law.
Passed, approved and adopted this
1st day of Mamh, 1999.
Terrance M. Duggan, Mayor
Attest MaryA. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 23rd day of
March, 1999.
Mary A. Davis CMC, City Clerk
1 t 3/23
Buol moved final consideration and
passage of the Ordinance. Seconded
by Robbins. Motion carded 7-0.
Proof of publication certified to by
the Publisher on Notice of Public
Hearing to reclassify property located
on Highway 20 West from County AG
to C.-3 District, concurrent with
annexation, and CommunicalJon of
Wm. and Janet Siegert requesting their
property be re. zoned to C-3 with no
restrictions or special considerations
and therefore would agree to voluntary
annexation (Request to address the
Council if they choose), presented and
read, Markham moved that the proof
and communication be received and
filed, Seconded by Voetberg. Motion
carried 7-0.
William Siegert spoke requesting
rezoning and that there be no special
cond~ons at this time.
An Ordinance Amending Zoning Map
by reclassifying property located on
Highway 20 West from Dubuque
County A-1 Agricultural District to City's
C-3 General Commercial District,
concurrent wi~ annexation, with first
and second readings given on 3-1-99,
now presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 22-99
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
ON HIGHWAY 20 WEST FROM
DUBUQUE COUNTY A-1
AGRICULTURAL DISTRICT TO CITY
OF DUBUQUE C-3 GENERAL
C O M M E RCIA L DISTRICT,
CONCURRENT WITH ANNEXATION.
Whereas, William and Janet Siegert,
property owners, have requested
rezoning concurrent with annexa~on to
the City of Dubuque in accordance with
~ Section 2-3 of Appendix A (Zoning
Ordinance) of the City of Dubuque
Code of Ordinances; and
Whereas, this request has been
found to be consistent with the
Comprehensive Plan and the Future
Land Use Map of the Comprehensive
Plan.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA`
Section 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances is
hereby amended by reclassifying the
hereinafter described property from
Dubuque County A-1 Agdculturel
District to City of Dubuque C-3 General
Commercial District, to wit.
As legally described in Exhibit B, and
to the center line of the adjoining public
right-of-way, all in the City of Dubuque,
Iowa.
Section 2. The foregoing
amendment has heretofore been
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take
effect immediately upon publication, as
)rovided by law, and at such time that
the herein described property is legally
annexed into the City of Dubuque,
123 Regular Session, March 15, 1999
iowa.
Passed, approved and adopted this
t 5th day of March, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegreph
Herald newspaper this 24th day of
March, '1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, Cb Clerk
I 3/24
Markham moved final consideration
and passage of the Ordinance, as
amended. Seconded by Voetberg.
Motion carried 7-0.
Proof of publication certified to by
the Publisher on Notice to consider
annexation of land in Highway 20
Corridor from Northwest Arterial west to
the Landfill Entrance Road and
Cottingham Road, Petitions of
Dubuque Metropolitan Area Solid
Waste Agency, Paul W. and Jayne H.
Cate and Wm. & Janet Siegert
requesting voluntary annexation into
the City; Petition of Patdck & Sandra
Welsh requesting voluntary annexation
and requesting to hook onto the city
water supply; and City Manager
advising effe~ve April 1, th~ Welshes
will have access to City water,
presented and read. Voetberg moved
that the proof, petions and
communication be receive, d and filed.
Seconded by BuoL Motion carried 7-0.
John Riley of Riley Development
spoke expressing concerns with the
timing of*he annexation and requesting
postponement until the SW Arterial
Study is finalized. Rod Chdst, Richard
Kelly, and Vern Sindt all spoke
objeddng to annexation at this time.
Dick McFadden and Waiter McFadden
spoke of delayed City service
extensions in past annexations.
RESOLUTION NO. 132-99
RESOLUTION ANNEXING CERTAIN
PROPERTY TO THE CITY OF
DUBUQUE, IOWA
Whereas, the City of Dubuque, as
owner of approximately 288 acres of
property lying outside the corporate
limits of the Cb of Dubuque, has
petitioned for voluntary annexation of
said territory to the City of Dubuque, as
shown in Exhibit A-l; and
Whereas, the Dubuque Metropolitan
Area Solid' Waste Agency, as the
owner of appraximate[y 348 acres of
property lying outside the corporate
limits of the City of Dubuque, has
~etioned for voluntary annexation of
said territory to the City of Dubuque as
shown in Exhibit A-2; and
Whereas, Paul and Jayne Cate, as
the owners of approximately 105 acres
of property lying outside the corporate
limits of the City of Dubuque, have
petitioned for voluntary annexation of
said territory to the City of Dubuque, as
shown in Exhibit A-3; and
Whereas, William and Janet Siegert,
as the owners of approximately 179
acres of propert7 lying outside the
corporate limits of*he City of Dubuque,
have petioned for voluntary
annexation of said territory to the City
of Dubuque, as shown in Exhibit A-4;
and
Whereas, Patrick and Sandra
Welsh, as the owners of 0.5 acres of
property lying outside the corporate
limits of the City of Dubuque, have
pe~oned for voluntary annexation of
said territory to the City of Dubuque, as
shown in Exhibit A-5; and
Whereas, the City of Dubuque has
petitioned for the annexation of the 66-
foot public right-of-way of Cottingham
Road from the City's property to the
Weishs' property, as provided
Section 368.5 of the Iowa Code, as
shown in Exhibit A-5; and
Whereas, the Cb of Dubuque has
petitioned for the annexation of
approximately 46 acres of U.S.
Highway 20 right-of-way owned by the
State of Iowa from Iowa 32 (the
Northwest Arterial) to the entrance road
to the Dubuque County Landfill, as
provided in Section 368.5 cf the Iowa
Code and as shown in the above-cited
Exhib~; and
Whereas, the City of Dubuque has
petitioned for the annexation of
approximately 9.42 acres of property
adjoining Cottingham Road without*he
consent of the property owners to
create more uniform boundaries as
shown in Exhibit C-1; and
Whereas, the City of Dubuque has
petioned for the annexation of
approximata[y 11.05 acres of property
adjoining Cousins Road without the
consent of the owners to avoid creating
an island, as provided by Section 368.7
of the Iowa Code, as shown in Exhibit
C-2; and
Whereas, the City of Dubuque has
pe~oned for the annexation of
approximataly 86.5 acres of properly
adjoining U.S. Highway 20, Old
Highway Road, and Radford Road
without the consent of the property
owners, to create more uniform
boundaries as shown in Exhibit C-3;
and
Special Session, March 15+1999
Whereas, Chapter 368 of the Iowa
Code authorizes the extension of City
limits in situations of this character by
the adoption of a resolution after
notification required by State
regulations; and
Whereas, the extension of the City
limits through annexation of said
proper~es is consistent with the
Dubuque Comprehensive Plan; and
Whereas, the future growth and
development of the City of Dubuque,
Iowa, make it desirable that said
properties be made a part of the City of
Dubuque, Iowa.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the territorial limits of
the City of Dubuque, Iowa, be, and they
hereby are extended, to include:
the right-of-way of U.S. Highway 20
from the Dubuque corporate limits at
the intersection of Iowa 32 (the
Northwest Arterial) southeasterly to the
northern boundary of the intersection of
the entrance road for the Dubuque
County Landfill, as defined by a line
extended from the southwest corner of
parcel number 156-200-005 to the
southeast corner of parcel number 15-
6-100-008;
the 66-foot right-of-way of
Cottingham road from the intersection
of Old Highway Road southerly to a
point 100 feet south of the northern
property line of parcel number 10-31-
300-001;
the properties included in the above-
cited petitions for voluntary annexation
and legally described in Exhibit B-l, B-
2, B-3, B-4 and B-5, and to the
centeriine of the rights-of-way of
adjoining secondary roads in Dubuque
County, Iowa; and
the properties included in this
voluntary annexation petition without
the consent of the property owners
cited above, which comprise lees than
twenty percent (20%) of the land area
and legally described in Exhibits D-l,
D-2, and D-3, and to the centedine of
the rights-of-way of adjoining
secondary roads in Dubuque County,
Iowa.
Secton 2. That the territory hereby
annexed north and west of U.S.
Highway 20 shall become a part of the
Second Ward, Seventh Precinct of the
City of Dubuque, Iowa.
Section 3. That the ter~tory hereby
annexed south and east of U.S.
Highway 20 shall become a part of the
First Ward, Third Precinct, of the City of
Dubuque, Iowa.
Section 4. That the City Clerk shall
file this resolution, all Exhibits and the
3e~ons for voluntary annexation,
including territory comprising
approximately twenty percent (20%) of
the land area without consent of the
property owners, with the City
Development Beard of the State of
Iowa.
Passed, approved and adopted this
15th day of March, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by BuoL Motion
carried 7-0.
Nicholson moved that the fo[lowing
item be removed from the table.
Seconded by Robbins. Mofion carried
7-0.
Request to institute Eminent Domain
Proceedings for services to Alpine
Mobile Home Park.
Request from Ed Tschiggfde to table
this matter to the Apdl 19th meefing,
and Communication of Galen
Manternach concurring with request to
table to 4-19, presented and read.
Nicholson moved that they approve this
request and table this to the Council
Meeting of 4-19-99. Seconded by
Robbins. Motion carried 7-0.
Nichclson moved that the following
item be removed from the table.
Seconded byBuoL Motion carried 7-0.
City Manager submitting Ordinances
providing for back-in angle parking on
Fourth and Fifth Streets, presented and
read. Vostberg moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
An Ordinance Amending Code of
Ordinances by deleting subsecton (e)
and adding new Subsections (e), (0
and (g) to Section 32-263 relating to
angle paddng and adding portions of
Fourth and F"~h Streets to new
subsecton (0 and an Ordinance
Adopfing a new Section 32-271 in lieu
thereof to the City Code of Ordinances,
~resented and read. Voetberg moved
that this be considered the first reading
only of these Ordinances. Seconded
by Nicholson. Carried bythe fctowing
vote: Yea.~--Buol, Michalski,
Nicholson, Robbins, Voetherg.
Nays----Duggan, Markham.
Shirley Strub, President, Beta Sigma
Phi requesting to have Fifth Street from
] 25 Regular Session, March 15, 1999
Adams St. to the River renamed in
honor of Regina Hayford and City
Planner submitting information
regarding the renaming of the street,
and an Ordinance Changing the name
of Fifth Street from Adams Street East
to its eastern terminus, to Regina
Hayford Boulevard, presented and
read. Nicholson moved that the
communication and Ordinance be
received and filed. Seconded by
Robbins. Motion carried 7-0.
Shirley Strub spoke to the request.
City Manager submitting ordinance
providing for right-of-way
encroachment at 84 Main Street,
presented and read. Bucl moved that
the communication be received and
filed. Seconded by Voetberg. Motion
carried 7~0.
An Ordinance Authorizing Steve
Gudenkauf to construct a sign and a
projecting awning at 84 Main St,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 23-99
AN ORDINANCE AUTHORIZING
STEVE GUDENKAUF TO CON-
STRUCT A SIGN AND AWNING
PROJECTING CANOPY
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section 1. That Steve Gudenkauf,
as the owner of the premises known as
84 Main Street, Dubuque, Iowa, and
legally described as 84 Main Street,
Dubuque, Iowa, be and they are
hereby granted the revocable permit
and authority to construct and maintain
a projecting canopy under the terms
and conditions set forth in this
Ordinance.
Sec~on 2. That such conetTuction
shall be done in accordance with plans
heretofore submitted by permittees and
approved by the C~ Manager, under
the supervision and direction of the City
Manager, and in accordance with all
applicable state and federal laws and
regulations, and the Ordinances of the
City of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
on permittaes' agreement to:
a. Assume any and all liability for
damages to persons or property which
may result from the existence, location,
installation, construction or
maintenance of said canopy; and
b. Procure and maintain in force during
the term of this permit a policy of
liability insurance as set forth in the
attached Insurance Schedule; and
c. Pay on behaff of the City of
Dubuque, all sums which the City of
Dubuque shall become obligated to
pay by reason of the liability imposed
upon the City of Dubuque for damages
of any kind resulting from the location,
installation, existence, construction or
maintenance of said canopy sustained
by any person or persons, caused by
accident or otherwise to defend at its
own expense and on behalf of said City
any claim against the City of Dubuque
arising out of the location, installation,
existence, construction or maintenance
of canopy and to pay reasonable
attorney fees therefor, and
d. Indemnify, defend and hold the City
of Dubuque free and harmless from
any and all claims, loss, liability and
expense for death and/or injuries to
third persons or damages to property of
third persons, or for damage to any
property of the City of Dubuque which
may occur as a result of or in
connection with the location,
installation, construction, maintenance
and repair of the facility, work or
improvement permitted herein.
Section 4. That the permission
herein granted is expressly cond~oned
upon permittees' further agreement that
should the right and privilege herein
granted be rescinded or revoked by the
City Council, permittees, or their
successors in interest, as owners of the
abutting property, shall within ten (10)
days after receipt of written notice from
the City Manager, so to do, at their own
expense, remove said canopy and in
the event of their tai[ure to do so, the
City of Dubuque shall be authorized to
remove said canopy at permittees'
expense and dispose of the same, and
the permittae shall have no claim
against the City or its agents for
damages resui~ng from the removal of
said canopy.
Section 5. That permittees covenant
and agree that the revocable permit
herein granted does not cons~uta an
approval of the design, erection,
location, construction, repair or
maintenance of said facility and said
)ermittees hereby covenant and agree
not to assert such claim or defense
against the City of Dubuque in the
event of claim asserted for death,
)ersona[ injuries and/or property
damage against the permittees arising
out of or in any way connected with the
location, installation, construction,
design, repair and maintenance of the
Special Session~ March 1571999
126
facil~ herein permitted.
Section 6. This Ordinance shall
become effec§ve and the rights
hereunder accrue to Steven Gudeekauf
when this Ordinance has been adopted
by the City Council and the terms and
conditions thereof accepted by
permittess by acceptance endorsed on
this Ordinance.
Section 7. That the City Clerk be
and she is authored and directed to
file at permittees' expense a copy of
this ordinance in the Office of the
Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this
15th day of March, 1999.
Terrance M. Duggan, Mayor
Attest. MaryA. Davis, City Clerk
ACCEPTANCE QF
ORDINANCE NO. 23-99
The undersigned having read and
being familiar with the terms and
conditions of Ordinance No. 23 -99,
hereby, for themselves, their
successors or assigns, as owners of
the abu~ng property, accept the same
and agree to be bound by the
conditions and agreements therein
contained to be perCormed by
permittees.
By:/s/Steven J. Gudekauf
'F~e: Owner
Dated: March 3, 1999
Published oftidaliy in the Telegraph
Herald newspaper this 23rd day of
Mamh, 1999.
It 3/23 MAW.&. Davis CMC, City Clerk
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings prior to the
meeting at which it is to be finally
passed be suspended. Seconded by
Voatberg. Motion carried 7-0. Buol
moved final consideration and passage
of the Ordinance. Seconded by
Voetberg. Motion carried 7-0.
Environmental Stewardship
Commission recommending to
continue with Dubuque Urban Deer
Management Plan for 1999-2000
season, presented and read. Michalski
moved that the communication be
received and flied. Seconded by
Nicholson. Motion carried 7-0.
City Manager advising 1999 Urban
Deer Management Plan was successful
and recommending to continue far next
season, presented and read. Michalski
moved that the communication be
received and filed and recommendation
approved. Seconded by Nicholson.
Motion carded 7-0.
City Manager advising of filing an
appeal by the Cffy from action of
Historic Preservation Commission
tabling application for Certificate of
Economic Hardship for 304-320 and
330-336 Main St., presented and read.
Buol moved that the communicafion be
received and filed and moved to
reverse the Commission's action and
approve a Certificate of Economic
Hardship be issued to the City for the
Merchants Hotel and Union Cigar Store
buildings. Seconded by Robbins.
Motion carried 7-0.
Gail Naughton, Vice Chair of Hiatodc
Pres. Commission, spoke requesting
Council not override their motion to
table. Steve Harman on behalf of the
Chamber of Commerce spoke of time
constraints for the proposed new
building.
Communication of Zoning Advisory
Commission advising of the approval to
amend the PI District at 1105 Julien
Dubuque Drive with cond~ions (Roger
Kunde), presented and read. Voetberg
moved that the communication be
received and filed. Seconded by
Markham. Motion carried 7-0.
An Ordinance Enacting of new
Development Land Use Map for
Ordinance No. 75-92, Second
Amendment, in lieu thereof pertsining
to permitted uses and development on
Parcel "G' of the PI Planned Industrial
District for Julien Dubuque Drive, with
cond~ons, presented and read.
Voetberg moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings pdor to the
meeting at which it is to be finaliy
)assed be suspended. Seconded by
Markham. Vote on the motion was as
follows: Yeas--Duggan, Nicholson,
Robbins, Voetberg. Nays--Buol,
Markham, Michalsld. MOTION
FAILED. Voetberg moved that a
Hearing be set on this Ordinance on 4-
5-99 at 7:00 p.m. in the Public Library
Auditorium and that the City Clerk
publish notice in the manner prescribed
by law. Seconded by Markham. Vote
on the motion was as follows:
Yeas---Duggan, Nichoison, Robbins,
Voetberg. Nays--Buol, Markham,
Michalski. Motion Passed.
Zoning Advisory Commission
advising of their denial to rezone
127 Regular Session, March 15, 1999
property at 1125 Rockdale Road from
R-1 to OS District (Patr[cia Mohr) and
Communication of Ruth Hartig
requesting to deny the request for
rezoning the Kinder[and property at
1125 Rockdale Rd., and an Ordinance
Amending Zoning Map by reclassifying
property at 1125 Rockdale Rd. from R-
1 Single-Family Residential District to
OS Office Service District, presented
and read. Voatberg moved that they
concur with the denial. Seconded by
Buol. Motion carried 7-0.
City Manager requesting public
hearing be set for April 5 to amend
Clock Tower Easement on City Lot 54,
presented and read. Voatberg moved
that the communication be received
and filed. Seconded by Buol. Motion
carried 7-0.
RESOLUTION NO. 133-99
RESOLUTION DISPOSING OF CITY
INTEREST IN A CLOCK TOWER
EASEMENT ON CITY LOT 54 IN THE
CITY OF DUBUQUE, IOWA
Whereas, the Security Partners, UP.
has requested the vacating of a Clock
Tower easement on City Lot 54 in the
City of Dubuque, Iowa; and
Whereas, the Town Clock has been
removed from City Lot 54 and
relocated; and
Whereas, the City Council of the C~
of Dubuque, Iowa has determined that
this Clock Tower easement is no longer
required for public use and vacating
and re[ease of said easement on City
Lot 54 in the City of Dubuque,
Dubuque County, Iowa, should be
approved.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the C~ of Dubuque
intends to dispose of its interest and
vacate and release the Clock Tower
easement on City Lot 54 in the City of
Dubuque, Iowa.
Section 2. That the City Clerk be and
is hereby acthor~zed and d[rected to
cause a notice of intent to dispose of
said real estate to be published in the
manner as prescribed by law.
Passed, approved and adopted this
15th day of March, 1999.
Terrence M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Voetherg moved adoption of the
Resolution and fudher set this matter
for Headng on 4-5-99 at 7:00 p.m. in
the Public Library Auditorium and that
the City Clerk publish notice in the
manner prescribed by law. Seconded
by Buol. Mo'den carded 7-0.
City Manager recommending to
consider an amendment to Lease and
Agreement with Dubuque Madna, Inc.,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Robbins. Motion
carried 7-0.
RESOLUTION NO. 134-99
RESOLUTION OF INTENT TO
DISPOSE OF AN INTEREST IN REAL
PROPERTY BY AMENDMENT TO
LEASE WITH DUBUQUE MARINA,
INC.
WHEREAS, the City of Dubuque,
Iowa (City) leases certain real property
to Dubuque Marina, Inc. (Marina) as
set for[h in a Lease and Agreement,
dated October 29, 1956, as amended,
which Lease and Agreement are
attached hereto:
And WHEREAS, the term of the
Lease and Agreement ends on
December 31,2023; and
And WHEREAS, Ke'ith Kann (Kann)
and Mary Wilhelm 0Nilhelm) desire to
enter into an Agreement for the
purchase of the assets of Madna,
including the Lease and Agreement,
but only on the condition that the term
of the Lease and Agreement be
extended to December 31, 2028; and
And WHEREAS, City is amenable to
extending the term of the Lease on the
cond~on Kann and W'lihelm purchase
the assets of Marina on terms
acceptable to City and on the further
condition that the annual rent during
the lease extension shall be fair market
rent.
NOW, THEREFORE, BE tT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section 1. The City of Dubuque,
Iowa, intends to dispose of its interest
in the foregoing-described real property
by amendment to the Lease and
Agreement, a copy of which
amendment is attached hereto,
extending the term of the Lease and
Agreement from December 31, 2023 to
)ecember 31, 2028, it being an
express condi~cn of such amendment
that Keith Kann and MaryWiihelm shall
)urchase the assets of Dubuque
Marina, Inc. and Dubuque Marina, Inc.
shall assign the Lease and Agreement
to Keith Kann and Mary Wilhelm by not
later than the 1st day of May, 1999,
upon terms acceptable to the City.
Section 2. The City Clerk is hereby
authorized and directed to cause this
~ssolution and a notice to be published
Special Session, March iS, 1999
128
as prescribed by Iowa Code Section
364.7 of a public hearing on the City's
intent to dispose of the foregoing-
described real property, to be held on
the 5th day of April, 1999, at 7:00
o'clock p.m., at the Public Library
Auditorium, 11th & Locust, Dubuque,
iowa.
Passed, approved and adopted this
15th day of March, 1999.
Torrance M. Duggan, Mayor
Attest:. MaryA~ Davis, City Clerk
Buol moved adoption of the
resolution and further set this matter
for Headng on 4~5-99 at 7:00 p.m. in
the Public Library Auditorium and that
the City Clerk publish notice in the
manner prescribed by law. Seconded
by Robbins. Motion carded 7-0.
City Manager submitting documents
providing for construction of Soccer
Field Complex for Sanitary Sewer
extension, presented and read.
Robbins moved that the
communication be received and tiled.
Seconded by Nicholson. Motion
carried
RESOLUTION NO. 135-99
Whereas, the City of Dubuque has
been negotiating with the owners of
record for right-of-way and easements
necessary for the Soccer Complex
Sanitary Sewer Extension; and
Whereas, the City of Dubuque has
not been successful after reaeanable
attempts in its efforts to negotiate a
ea[e and purchase price for the
required tight-of-way; and
Whereas, the City of Dubuque find
and determines that eminent domain
proceedings should be instituted to
acquire the needed right-of-way and
easements.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That eminent domain
pmcaedings be instituted forthwith by
the City of Dubuque, Iowa for
acquisition of the following lots or
po~ons thereof as follows:
1. Lot 2-2 of Helen E. and Mary G.
Stewart Subdivision, owned by
KJvlahan Farm~, L.C.
2. Lot 1-1-1-1~1-1-1-1-1-1-9 of the
NE 1/4 of Section 16, T89N, R2E, 5th
P.M., Dubuque County, Iowa, owned by
KJvlahan Farms, L.C.
3. Lot 2-1 of Mineral Lot 455, owned
by Lemar Kothe
and that the Corporation Counsel be
directed to institute said eminent
domain proceedings forthwith for and
on behalf of the City of Dubuque, Iowa.
Section 2. That the Corporation
Counsel be and is hereby directed and
empowered to do any and all things
necessary and incidental to said
eminent domain proceedings.
Passed, approved and adopted this
15th day of Mamh, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 136-99
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the proposed plans,
specifications, form of contract and
estimated cost for the Soccer Complex
Sanitary Sewer Extension, in the
estimated amount of $129,993.27, are
hereby approved and ordered flied in
the office of the City Clerk for public
inspection.
Passed, adopted and approved this
15th day of March, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 137-99
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City
of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of
contract and placed same on tite in the
office of the City Clerk for public
inspection of the Soccer Complex
Sanitary Sewer Extension.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 19th day of Apdl, 1999,
a public hearing will be held at 7:00
p.m. in the Public Library Auditorium at
which time interested persons may
appear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said
improvement, and the CH Clerk be
and is hereby directed to cause a
notice of time and place of such
hearing to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
twenty days prior to the day ~ed for its
Regular Session March 15, 1999
consideration. At the headng, any
interested person may appear and
objections to the proposed plans,
spec~cations, contract, or ~tim. eted
cost of the improvement.
Passed, adopted and approved this
15th day of March, 1999.
Terrence M. Duggan, Mayor
Attest:. Map/A. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 138-99
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Soccer Complex Sanitary
Sewer EXtension is hereby ordered to
be advertised for bids for constru~on.
BE IT FURTHER RESOLVED, that
the amount of the secur~y te
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to biddem
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided,
to be published in a newspaper having
general circulation in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
forty-five days prior to the receipt of
said bids at 2:00 p.m. on the 8th day of
April, 1999. Bids shall be opened and
read by the City Clerk at said time and
will be submitted to the Council for final
action at 7:00 p.m. en the 19th day of
April, 1999.
Passed, adopted and approved this
15th day of March, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
There being no further business,
Buol moved that the meeting be
adjourned. Seconded by Robbins.
Motion carded 7-0. The meeting
adjourned at 8:53 p.m.
/si Mary A. Davis CMC
City Clerk
Council Members