1999 November Council ProceedingsReqular Session~
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Sessi
November 1, 1999
Council Met at 7:00 P.M., Public
Library Auditorium
Present: Mayor Duggan, Council
Members Buol, Markham,
Nicholson, Robbins, Cby Manager
Michael Van Milligen, Corporation
Counsel Barn/A. Lindahl.
Absent at Roll Call: Council Member
Voetberg.
Mayor Duggan read the call and
stated this is the Regular Session of
the City Council carled for the purpose
to act upon such business which may
preper~ come before the Council.
Invocation was given by Pastor
Dennis Schmitt of The Dubuque
Community Church.
PROCLAMATIONS: Nov. as
"Aizheimer's Disease Public
Awareness Month' received by Sister
MichelJe Nemmera; and November as
"Hospice Month' received by Carole
Carroll; and Nov. 8-14 as "Youth
Appreciation Week" received by Noon
Op~mists President Stephen 'Ding'
Bell, Morning Ogmists President
Shidey Bdggs and Evening Optimists
President Kent Roeder.
Council Member Voetberg entered
the Chambers at 7:06 P.M.
MINUTES SUBMITTED: Airport
Commission of 10-14; Billboard Ad Hoc
Committee of 10-18; Cable
Teleprogramming of 10-5; Community
Development of 10-19 & 10-25;
Environmental Stewardship Advisory
Commission of 10-5; Five Flags
Comm. of 10-18; Histodc Preservation
Commission of 10-7; Human Rights
Commission of 9-13; Investment
Oversight Advisory Commission of 10-
13; Long Range Planning Advisory
Commission of 10-20; Zoning Advisory
Commission 10-6, presented and read.
Buol moved that the minutes be
received and filed. Seconded by
Robbins. Motion carried 7-0.
November 1, 1SS= 464
City Manager submitting Quarterly
Investment Report ending Sept. 30,
1999; Investment Oversight
Commission submitting their 26th
Quarteity Report;, Substance Abuse
Services Center submitting their First
Quarter Report; Housing Services
submitting their annual report; Proofs of
Publication on publishing Council
Proceedings for 10-4-99 and
Publishing Financial Report for Fiscal
Year ending 6-30-99. presented and
read. Buol moved that the
communications, reports and proofs
be received and tiled. Seconded by
Robbins. Motion carried 7-0.
Printed Council proceedings for
month of September, 1999, presented
for approval. Buol moved that the
proceedings be approved as printed.
Seconded by Robbins. Motion carded
NOTICES OF CLAIMS/SUITS:
Robert L. Day, Jr. et al vs. City of
Dubuque et al, in unknown amount for
injuries and property losses;
Allied Insurance Company, in
subrogation on behalf of their client,
John Schmid in amount of $1285.10 for
vehicle damages; Doug Staudt in
unknown amount for vehicle damages,
preeented and read. Buol moved that
the claims and suits be referred to the
Legal Staff for investigation and report.
Seconded by Robbins. Motion carded
7-0.
Corporation Counsel advising
fo[lowing claims have been referred to
Public Entity Risk Services of Iowa, the
agent for the Iowa Commun~es
Assurance Pool: Personal injury of
Jacob Robinson; Personal injury of
Roger W. Winchester, presented and
read. Buol moved that the
communication be received and tiled.
Seconded by Robbins. Motion carried
7-0.
Corporation Counsel recommending
payment of $100.00 as part of Sanitary
Sewer Backup Assistance Program to
following: Ken Beck; Ronald Jahns;
Arthur Tigges, presented and read.
Buol moved that the communication be
received and tiled and recommendation
with Finance Director to
;sue proper checks. Seconded by
Motion carried 7-0.
City Manager recommending
approval of contract with IA Dept. of
Public Health for funding of AIDS
465 Regular Session, November 1, 1999
Preventative Health Program,
presented and read. Buol moved that
the communication be received and
filed and recommendafion approved.
Seconded by Robbins. Motion carried
7-0.
RESOLUTION NO. 598-99
A RESOLUTION APPROVING THE
AIDS PREVENTATIVE HEALTH
CONTRACT BETWEEN THE IOWA
DEPARTMENT OF PUBLIC HEALTH
AND THE CITY OF DUBUQUE, IOWA
AND AUTHOR[Z. ING THE CITY
MANAGER TO SIGN A CONTRACT
WITH THE IOWA DEPARTMENT OF
PUBLIC HEALTH FOR FUNDING OF
A LOCAL AIDS PREVENTATIVE
HEALTH PROGRAM.
Whereas, the Iowa Department of
Public Health has offered to provide
financial support for local AIDS
Preventative Health and Education
Programs in the City of Dubuque; and
Whereas, the City of Dubuque
desires to establish and maintain such
local AIDS Preventative Health and
Educafion Programs; and
Whereas, the Iowa Department of
Public Health has presented the City
Health Services DMsion a proposed
contract amendment for continued
funding, a copy of which is attached
hereto.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Sec~on 1. That the City of Dubuque,
Iowa, hereby approves the attached
AIDS Preventative Health Contract
between the Iowa Department of Public
Health and the City of Dubuque, Iowa.
Section 2. The City Manager is
hereby authorized and directed to
execute said contracts on behalf of the
City of Dubuque, Iowa.
Passed, approved and adopted this
1st day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbfns.
Motion carried 7-0.
City Manager recommending
acceptance of U.S. Highway 20 Water
Main Extension Project from N.W.
Arterial to the new Seippel Road
Intersection, presented and read. Buoi
moved that the communication be
received and filed. Seconded by
Robbins. Motion carried 7-0.
RESOLUTION NO. 599-99
ACCEPTING IMPROVEMENT
Whereas, the Contract for the U. S.
Highway 20 Water Main Extension
Improvement Project has been
completed and the City's Consultant
Kirkham, Michael and Associates,
Engineering Firm of Urbandale, Iowa
recommend acceptance of the project.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the recommendation
of the City Manager be approved and
that said improvement be accepted.
Passed, approved and adopted this
1st day of November, 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. 600-99
FINAL ESTIMATE
Whereas, the contract for the U. S.
Highway 20 Water Main Extension
Improvement Project has been
completed and the City has submitted
the final estimate showing the cost
thereof.
NOW THEREFORE, BE
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to
be $464,569.58.
Section 2. That the final payment
$23,228.48 be paid to Connolly
Construction, Inc. of Peosta, la. in
accordance with State Statues from
funds in the Water Department's FY
'99 ClP Budget.
Passed, approved and adopted this
1st day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption ef the
resolution. Seconded by Robbins.
Motion carried 7-0.
City Manager recommending
acceptance of Vacuum Filter Plant
Electrical Room, preeented and read.
Buol moved that the communication be
received and filed. Seconded by
Robbine. Motion carried 7-0.
RESOLUTION NO. 601-99
ACCEPTING IMPROVEMENT
Whereas, the Contract for the
construction of a new Vacuum Filter
Plant Electrical Room Project has been
completed and the City's Consultant
I.LW. Engineering and Associates of
Dubuque, Iowa recommends
Reg u ar Session November 1~ 1999
acceptance of the project.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the recommendation
of the City Manager be approved and
that said improvement be accepted.
Passed, approved and adopted this
1st day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Maw A. Davis, City Clerk
Buol moved adoption of the
resolufion. Seconded by Robbins
Mofion carried 7-0.
RESOLUTION NO. 602-99
FINAL ESTIMATE
Whereas, the contract for the new
Vacuum Filter Building Electrical Roorr
Project located at the Eagle Point
Water Plant, 1902 Hawthorne Street,
Dubuque, IA has been completed and
the City has submitted the final
e~mate showing the cost thereof.
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 $48,747.00 dollars.
Section 2.That the final payment
$4,881.75 be paid to Renaissance of
Dubuque Corporation in accordance
with State Status from funds in the
Water Department's FY '99
Budget
Passed, approved and adopted this
1st day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, CH Crerk
Buol moved adoption of the
resolution, Seconded by Robbins.
Motion carded 7-0.
HUD submitting Consolidated End-
of-Year Review for Program Year 1998,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Robbins. Motion
carded 7-0.
City Manager recommending
approval of Dubuque Racing
Association's 2000 Capital
Improvement Program and use of DRA
Reserve Association's Cap~l
Improvement Program, 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
acceptance of Sanitary Sewer at Grove
466
Tool. presented anc reac. Buol moved
that the communication be received
and tiled. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 603-99
ACCEPTING SANITARY SEWER
IMPROVEMENTS
Whereas, certain sanitary sewer
~ improvements were installed by R.J.S.
Development Corp.; and
Whereas, the improvements have
been completed and the City Manager
has examined the work and has tiled a
certificate stating that the same has
been completed in accordance w~h the
plans a. ppreved by the City Engineer
and In conformance with City
specifications, and has recommended
that the improvements be accepted by
the City Council.
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 sanitary sewer improvements
in Lot 1-1-2 of Barrels-Center Grove
Place in the City of Dubuque, Dubuque
County, Iowa, be and the same is
hereby accepted.
Section 2. That maintenance cf said
improvements shall be the
responsibility of the contractor and the
owner for a period of two years from
this date.
Passed, adopted and approved this
1st day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buof moved adop~on of the
resolution. Seconded by Robbins.
Motion carried 7-0.
City Manager recommending
approval of publication of combined
notices for YWCA Domestic Violence
Shelter Project, presented and read.
Buol moved that the communication be
received and tiled. Seconded by
Robbins. Motion carried 7-0.
RESOLUTION NO. 604-99
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 YWCA DOMESTIC
VIOLENCE SHELTER PROJECT
Whereas, the C~y cf Dubuque
entered into a Grant Agreement for the
467 Regular Session, November 1, 1999
Fiscal Year commencing July 1, 1999,
with the U.S. Department of Housing
and Urban Development, providing for
financial assistance to the City under
Title I of the Housing and Community
Development Act of 1974, as
amended; and
Whereas, the City Council has
approved the use of Community
Development Block Grant (CDBG)
funds for the YWCA Domestic Violence
Shelter Project; 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 "t~NCA
Domestic Violence Shelter Project; and
Whereas, based on said
environmental review, the Department
of Community and Economic
Development has determined that said
projects 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 local 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 appmpitate 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 Clerk 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
Y~NCA Domestic Violence Shelter
Project and to make the Environmental
Review Record for said project
available for public inspection and
comment until 5:00 p.m. on November
19, 1999. Such notice 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 projects.
Section 4. That the Mayor of the
City of Dubuque is hereby authorized 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
responsibilities for review, decision
making, and action assumed and
carried out by the City ef Dubuque as
to environmental issues.
Section 5. That the Mayor of the
City of Dubuque is hereby authorized to
consent personally, in his official
capacity and on behalf of the City of
Dubuque, to accept the jurisdiction of
the federal courts if an action is brought
to enforce responsibilities in relation to
environmental review, decision making
and action.
Section 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 November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
Long Range Planning Advisory
recommending Council consent to
format and schedule regarding
progress toward Vision 2000,
presented and read. Michalski moved
that the communication be received
and flied and approved
recommendation and directed to make
tapes available to all Council Members
one month in advance before final
decision is to be made. Seconded by
Markham. Carried by the following
vote: Yeas---Buol, Duggan, Markham,
Michalski, Nicholson, Robbins.
Nays---Voetberg.
Copy of letter to Mayor Duggan from
Dept. of Public Health providing report
of current site condi~ons regarding
Dubuque Municipal Landfill Site,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Robbins. Motion
carried 7-0.
City Manager recommending to
proceed with construction of storr~
sewer along 1793 Glenwood Ct and
proceed with condemnatior
proceedings, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Robbins. Motion carded 7-0.
RESOLUTION NO. 605-99
RESOLUTION TO PROCEED WITH
PUBLIC IMPROVEMENT TO
CONSTRUCT A STORM SEWER
ALONG THE EASTERLY PROPERTY
LINE OF 1793 GLENWOOD COURT
Whereas, on August 16, 1999, the
City Council stated its intent to
construct a storm sewer along the
eastedy property line of 1793
Glenwood Court; and
Whereas, a storm sewer easement
is needed for the installation,
maintenance, and repair
and
Whereas, the notice of intent to
commence the public improvement
project was mailed to the property
owner at 1793 Glenwood Court;, and
Whereas, the City Council set a
public meeting for the 19th day of
October, 1999, on the consideration of
the Cb Council's intent to construct
said storm sewer; and
Whereas, on the 19th day of
October, 1999, at 5:30 p.m., City staff
conducted the public meeting on the
City's intent to commence the
construcfion of the storm sewer.
NOW, THEREFORE, BE
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. The Cb Council
.determines to proceed with the public
~mprovement project to construct a
storm sewer along the easterly property
line of 1793 Glenwood Court.
Section 2. The Public Works
Department and the Legal Department
are hereby authorized and directed to
take such actions as may be
necessary, including the exercise of
eminent domain, to acquire the
necessary easements for the
installafion, maintenance, and repair of
said storm sewer.
Passed, adopted and approved this
1 st day of November, 1999.
Torrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robblns.
Motion carded 7-0.
Regular Session, November 1, 1999 468
City Manager recommending
approval of consultant for
Architectu rai/Histo rJcal Survey
Evaluafion Project, presented and
read. Buol moved that the
communication be received and flied
and recommendation approved.
Seconded by Robbins. Mofion carded
RESOLUTION NO. 606-99
Whereas, applications for Beer
Permits have been submitted and fi[ed
to this Counc~ 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
Qrdinances of this City and have flied
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit
CLASS "C" BEER PERMIT
Eagle Food Centers, Inc
Eagle Food Center #108
300 S. Locust St
Eagle Food Centem, Inc.
Eagle Food Center#130 1800 Elm St
Eagle Food Centers, Inc.
Eagle Food Center #320 3020 JFK Rd
Passed, approved and adopted this
1st day November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
MctJon car~ed 7-0.
RESOLUTION NO. 607-99
Whereas, applications for Liquor
Licenses have been subm~ed 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
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authored to
cause to be issued the following named
applicants a Liquor License.
CLASS 'C" (COMMERCIAL)
BEER/LIQUOR LICENSE
Sun's Cor Yen Ching Restr
920 Main St
469 Regular Session, November 1, 1999
T & M, In Mado's Italian
Rest/L'ounge + (Sunday Sale)
1298 Main St
Carles O'Ketly's Inc.
Cados O'Kelly's Mexican Cafe
+(Sunday Sale) 1355 Associates Dr
CLASS "WB" WINE
Eagle Food Centers, Inc.
Eagle Food Center #320
+(Sunday Sale) 2050 JFK Rd.
Eagle Food Centers, Inc.
Eagle Food Center ¢O18
+(Sunday Sale) 300 S. Locust St
Eagle Food Centers, Inc.
Eagle Food Center #130+(Sunday
Sale) 1800 Elm St
Passed, approved and adopted this
1st day of November, 1999.
Torrance M. Duggan, Mayor
Attest: Marya: Davis, City Clerk
Buol moved adopfion of the
resolufion. Seconded by Robbins.
Metion carded 7-0.
BOARDS AND COMMISSIONS
HUMAN RIGHTS COMMISSION:
One unexpired term which will expire
1-1-01.
Applicants--Rev; Kds Kincaid,
William (Bill) Ross, Chades Ryan,
Katherine Stevens.
Vote on the appointment was as
follows: Buol voted for Kincaid.
Duggan voted for Kincaid. Markham
voted fer Ryan. Michalski voted for
Ryan. Nicho[son voted for Stevens.
Robbins voted fer Kincaid. Voetberg
voted for Ross.
There not being a majority, a second
vote was taken. Buol voted for Kincaid.
Duggan voted for Kincaid. Markham
voted for Ryan. Michalski voted for
Ryan. Nicholson voted for Kincaid,
Robbins voted for Kincaid. Voetberg
voted for Ross. Therefore, Rev. Kds
Kincaid appointed to the Human Rights
Commission for an unexpired term
which will expire January 1, 2001.
Buol moved that the rules be
suspended to allow anyone present to
address the Council if they so desire.
Seconded by Robbins. Motion carded
7-0.
Proof of publication cerdfied to by
the publisher of Notice of Public
Headng to reclassify property on
Lincoln Ave. from R-2A to R-3 Distdct
(Bethany Home), presented and read.
Voetberg moved that the proof be
received and filed. Seconded by
Nicholson. Motion carded 7-0.
Linde Manternach on behalf of
Bethany Home spoke requesting
approval. Arnold Nickolas of 1010
Lincoln spoke objecting to lack of
parking.
An Ordinance Amending Zoning Map
by reclassifying property on Lincoln
Ave from R-2A AJtemate Two-Family
Residential Distdct to R-3 Moderate
Density Multi-Family Residential
District, with first and second readings
given on 10-18-99, now presented for
final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 93-99
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
ON LINCOLN AVENUE FROM R-2A
ALTERNATE TWO-FAMILY
RESIDENTIAL DISTRICT TO R-3
MODERATE DENSITY MULTI-
FAMILY RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Sec'don 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 R-
2A Alternate Two-Family Residential
District to R-3 Moderate Density Multi-
Family Residential District, to wit:
Lot 35A and Lot 35 of Hooper's
Addition, 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
1 st day of November, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 5th day of
November, 1999.
Mary A. Davis CMC, City Clerk
It 11/5
Voetberg moved final consideration
and passage of the Ordinance.
Seconded by Nicholson. Motion
carded 7-0.
Reqular Session,
Proof of publication codified to by
the publisher on N6tice of Public
Hearing to reclassify property in 2900
Block of Kane SL from ID to PUD with
a PR Distdct and a Conceptual
Development Plan with conditions, for
Pine Knolls Condominiums (Boge) and
a Petition with twenty signatures from
Chaney Road residents expressing
concerns on exJsdng water problems in
the area and requesdng a plan be
provided before approved, presented
and read. Budi moved to table action
for two weeks and Staff to review with
developers and IIW for water run-off
solutions. Seconded by Markham.
Carded by the following vote:
Yeas--Buol, Duggan, Markham,
Michalski, Robbins, Voetberg.
Nays--Nichdison.
Steve Boge, Developer with Kane
Development Assn., spoke outlining
the development plans. Tom Oster and
Dennis Waugh of llW, spoke
concerning the storm sewer run-off.
Medin Langkamp, of Wildwood Drive,
spoke of the need for another detention
basin. Tom Welter, Jerry Merdck, and
Mike Mulison, ali of Arabian Trail, all
spoke of concerns with water runoff.
Donna Sindahl and Kim Peil of Chaney
Rd. spoke of great concerns ~h water
runoff. Tom Leibold stated that there
will be water problems if this is
completed. Jori Romaine, Ex. Dir. ef
Area Residentia! Care, stated that the
problem should not be made worse.
An Ordinance Amending Zoning Map
by reclassifying property in 2900 Block
of Kane Street from ID Institutional
Distdct to PUD Planned Unit
Development Distdct with a PR
Planned Residential Distdct
designation and adopting a Conceptual
Development Plan with Conditions, for
Pine Knolls Condominiums, with first
and second read/hca given on 10-18-
99, now presented for final action.
Nicholson moved final consideration
and passage of the Ordinance.
Seconded by Voetberg. No vote taken
on the motion. Buol moved to table for
two weeks and Staff to review with
developers and IIW for water run-off
solutions. Seconded by Markham.
Carded by the following vote;
Yeas--Buol, Duggan, Markham,
Michalski, Robbins, Voetberg.
Nays--Nicholson.
Proof of publication certified to by
the publisher on Notice of Public
Headng to reclassify property located
November 1, 1999 470
at 3201 and 3265 Central Ave. from C-
2 to C-3 District (Krstz/Perfecfion Oil
Co), presented and read. Voetberg
moved that the communication be
received and filed. Seconded by Budi.
' Motion carded 7-0.
An Ordinance Amending Zoning Map
by reclassifying property located at
3201 and 3265 Central Ave. from C-2
Neighborhood Shopping Distdct to C-3
General Commercial District, with first
and second readings given on 10~18-
99, now presented for final action.
(OFFICIAL PUBLiCATiON)
ORDINANCE NO. 94-99
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 3201 AND 3265 CENTRAL
AVENUE FROM C-2
NEIGHBORHOOD SHOPPING
DISTRICT TO C-3 GENERAL
COMMERCIAL 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 reclassifying the
hereinafter described property from C-2
Neighborhood Shopping District to C-3
General Commercial District, to wit
Lot 2 of 2 of 1 of 2 of Mineral Lot 363,
Lot 2 of 2 Mineral Lot 363, Lot 2 of 2 of
2 of 1 of 1 of 1, Lot 5 and Lot 6 Helm
Subdivision, and to the center line of
~e adjoining public right-of-way, all in
Iowa.
Section 2. The foregoing
amendment has heretofore been
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
Section 3. This ordinance shall take
effect immediately upon publication, as
provided by law.
Passed, approved and adopted this
1st day of November, 1999.
Terraece M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 5th day of
November, 1999.
Mary A. Davis CMC, C~ Clerk
It 11/5
Voetberg moved final consideration
and passage of the Ordinance
Seconded by Buo. Motion carded 7-0.
47]. Regular Session, November 1, 1999
Pro¢f of publication certified to by
the publisher on Notice of Public
Hearing to reclassify property at 51 W.
32nd Street from C-2 to C-3 District
(TFM Co.), presented and read. Buol
moved that the proof be received and
filed. Seconded by Nicholson. Motion
carried 7-0.
An Ordinance Amending Zoning
Map by reclassifying property located
at 51 West 32nd Street from C-2
Neighborhood Shopping District to C-3
General Commercial District, w~th first
and second readings given on 10-18-
99, now presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 95~99
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE} OF THE CITY OF
DUBU"'QUE CODE OF ORDINANCES,
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 51 WEST 32ND STREET FROM C-
2 NEIGHBORHOOD SHOPPING
DISTRICT TO C-3 GENERAL
COMMERCIAL 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 Cb of
Dubuque Code of Ordinances is
hereby amended by reclassi~ng the
hereinafter described property from C-2
Neighborhood Shopping District to C-3
General Commercial District, to wit:
Lot 3 and Lot 4 of Helm Subdivision,
and to the center line of the adjoining
public right-of-way, ail 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 November, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA: Davis, City Clerk
Published officially in the Telegraph
Hera/d newspaper this 5th day of
November, 1999.
Mary A. Davis CMC, City Clerk
It 1115
Buol moved final consideration and
passage of the Ordinance. Seconded
by N[cholson. Motion carried 7-0.
Michalski moved that the rules be
reinstated limiting the discuss on to the
Council. Seconded by Buo]. Motion
carded 7~0.
City Manager recommending
approval of revisions to the City of
Dubuque Investment Policy, presented
and read. Markham moved that the
communication be received and tiled.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 608-99
RESOLUTION ADOPTING THE CITY
OF DUBUQUE INVESTMENT POLICY
Whereas, changes to the Code of
Iowa have consolidated public funds
investment code; and references to
code in the City Investment Policy
require revision; and
Whereas, the City Treasurer, and
Finance Director have reviewed the
proposed changes with the City
investment Oversight Advisory
Commission and the Commission has
recommended adoption of the revised
policy;, and
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. The City of Dubuque
Investment Policy, attached hereto, is
hereby adopted and all previous
resolutions inconsistent therewith are
hereby rescinded.
Section 2. City staff and the
Investment Oversight Advisory
Commission are directed to act in
accordance with the policies set forth in
the City of Dubuque Investment Policy
and to bring forward proposed changes
to the ~nvestment Pellcy as deemed
necessary.
Passed, approved and adopted this
1st day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Markham moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7*0.
City Manager recommending
approval of Termination and
Assignment Agreement for Eagle
Window and Door, Dubuque Eagle LLC
with Herman Ahlers, presented and
read. Voetberg moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 609°99
APPROVING THE TERMINATION
AND ASSIGNMENT AGREEMENT BY
Regular Session, November 1, 1999
AND AMONG THE CITY OF
DUBUQUE, EAGLE -WINDOW &
DOOR, INC., DUBUQUE - EAGLE
LLC AND MATCH POINT, LLC
Whereas, the City of Dubuq'~e (Gib/),
Eagle Window & Door, Inc. (Employer),
and Dubuque-Eagle, LLC (Developer
are parties to a Development
Agreement dated as of February 15,
1999, (Development Agreement);
And Whereas, Developer has been
unable to obtain its financing for the
construction of the Minimum
Improvements, which financing was a
COhESion precedent to the obligations
of Developer under the Development
Agreement;
And Whereas, City and Employer
are willing to release Developer from its
obligations, but oMy upon the terms
and condifons set forth in the
Termination and Assignment
Agreement, attached hereto;
And Whereas, as a condifon of their
release of Developer from its
obligations, City and Employer have
requested that Developer assign its
interest in the Development Agreement
to Match Point, LLC, Nevada limited
liabliE'y company (New Developer),
Developer has agreed to such
assignment, and New Developer has
agreed to assume Developer's
obligations under the Development
Agreement;,
NOW THEREFORE, be it resolved
by the City Council of the City of
Dubuque, Iowa, as follows:
1. Termination and Assignment
Agreement is hereby approved.
2. The Mayor is hereby authorized
and directsd to execute the
Termination and Assignment
Agreement on behalf of the City of
Dubuque.
Passed, approved and adopted this
1st day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nicholson.
Mofion carded 7-0.
Cb Manager submitting documents
providing for construcfion of Fifth Street
Ramp Phase Two, presented and read.
Voetberg moved that the
communication be received and filed.
Seconded by Robbins. Motion carded
7-0.
RESOLUTION NO. 610-99
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE
~T
472
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
That the proposed plans,
specifications, form of contract and
e~fimat~d Cost for the Expansion of the
Fifth Street Ramp Phase Two, in the
estimated amount of $1,900,000 are
hereby approved and ordered filed in
the office of the City Clerk for public
inspection.
Passed, adopted and approved this
1st day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 611-99
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the C~
of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifcafions, and form of
contract and placed same on file in the
office, of the City Clerk for public
inspection of the EXPANSION OF THE
FIFTH STREET RAMP PHASE TWO.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 6th day of December,
1999, a public headng will be held at
7:00 p.m. in the Public Library
Auditorium at which time interested
~ersons 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 p~ace 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 fixed for its consideration. At the
headng, any interested person may
appear and file objections to the
proposed plans, specifcations,
contract, or esfimated cost of the
~mprovement
Passed, adopted and approved this
1st day of November, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Voetberg moved adopfion of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 612.99
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
Regular Session, November 1, 1999
THE CITY OF DUBUQUE, IOWA:
That the ExPansion of the Fifth
Street Ramp Phase Two is hereby
ordered to be advertised 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 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 30th day
of November, 1999. Bids shall be
opened and read by the City Clerk at
said time and 'Mil be submitted to the
Council for final action at 7:00 p.m. on
the 6th day of December, 1999.
Passed, adopted and approved this
1st day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
City Manager submitting documents
providing for construction of 1999
Downtown Historical Neighborhood
Ornamental Railing Project, presented
and read. Voetberg moved that the
communication be received and tiled.
Seconded by Robbins. Motion carried
7-0.
RESOLUTION NO. 613-99
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 1999 Downtown
Historical Neighborhood Ornamental
Railing Project, in the estimated
amount of $36,070.00, are hereby
approved and ordered filed in the office
of the City Clerk for public inspection.
Passed, adopted and approved this
1st day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 614-99
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City
icl 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 1999 Downtown
Historical Neighborhood Ornamental
Railing Project.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 6th day of December,
1999, a public hearing 'Mil be held at
7:00 p.m. in the Public Library
Auditorium at which time interested
~ersons 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 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 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
Passed, adopted and approved this
1st day of November, 1999.
Terrancs M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 615-99
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the 1999 Downtown Historical
Neighborhood Ornamental Railing
Projec[ is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
amount which sha~i conform to the
~rovisions 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 advedise for bids for the construction
of the improvements herein provided,
to be published in a newspaper having
general circulation in the City of
Regular Session, November 1, 1999
Dubuque, iowa, which notice shall not
be less than four day~ nor more than
forty-five days prior to the receipt of
said bids at 2:00 p.m. on the 24th day
of November, 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 6th day of December, 1999.
Passed, adopted and approved this
1st day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
City Manager recommending public
hearing be set for November 15th to
vacate portion of Maple Leaf Ave. and
Monroe Ave. (aka Louella Lane),
presented and read. Buol moved that
the communication be received and
filed. Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 616-99
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED MAPLE LEAF
AVENUE AND MONROE AVENUE
(AKA LOUELLA LANE)
Whereas, there has been presented
to the City Council of the CH of
Dubuque, Iowa, a plat dated October
26, 1999 prepared by the City of
Dubuque Engineering Division,
describing the proposed vacated
portion of Maple Leaf Avenue and
Monroe Avenue (aka Louelia Lane);
and
Whereas, said plat conforms to the
laws and statutes pertaining thereto.
NOW THEREFORE, BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, iOWA:
Section 1. That the plat dated
October 26, 1999, prepared by the City
of Dubuque Engineering Division,
relative to the real estate hereinabove
described be and the same is hereby
approved, and the Mayor and City
Clerk be and they are hereby
authorized and directed to execute said
plat for and on behalf of the City of
Dubuque, iowa.
Section 2. The City of Dubuque
reserves unto itself a perpetual
easement over and across Lot B
including the dght of ingress and
egress thereto, for the purpose of
erecting, installing, constructing,
reconstructing, repairing, owning,
operating, amd maintaining water,
sewer, drainage, gas, telephone, t.v.
cable, and eiectdc lines as may be
474
An Ordinance Vacating portion of
Maple Leaf Avenue and Monroe Ave.,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 96-99
ORDINANCE VACATING A PORTION
OF THE MAPLE LEAF AVENUE AND
MONROE AVENUE (aka LOUELLA
LANE)
Whereas, John R. Kreiman has
requested the vacating a portion of
Maple Leaf Avenue and Monroe
Avenue (aka Louella Lane); and
Whereas, the City of Dubuque
Engineering Division has prepared and
submitted to the City Council a plat
showing the vacated portions of Maple
Leaf Avenue and Monroe Avenue (aka
Louella Lane} and assigned
numbers thereto, which hereinafter
shall be known and described as Lot A
and Lot B of Maple Leaf Addition No. 2
in the City of Dubuque, Dubuque
County, Iowa; and
Whereas, the CH Council of the City
of Dubuque, iowa, has determined that
these por~ons of Maple Leaf Avenue
and Monroe Avenue (aka Louella Lane)
are no longer required for public use,
except for uti[~ and driveway
easements as noted, and vacating of
said poF~ons of Maple Leaf Avenue
and Monroe Avenue (aka Louelia Lane)
known as Lot A and Lot B of Maple
Leaf Add,ion No. 2 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 real estate
described as Lot A and Lot B of Maple
Leaf Addition No. 2 in the City of
Dubuque, Dubuque County, Iowa, be
and the same is hereby vacated.
Sec'don 2. The City of Dubuque
authorized by the City of Dubuque,
iowa, and for driveway access to Lots
1, 2, and 3 of Maple Leaf Addition No.
2, i~ the City of Dubuque, Dubuque
County, Iowa.
Section 3. That the C~y Clerk be
and is hereby authorized and directed
to file said plat and certified copy of this
resolution in the o~ce of the Recorder,
in and for Dubuque County, Iowa.
Passed, approved and adopted this
1st day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Mo~on carried 7-0.
47.5 Regular Session, November 1, 1999
reserves unto itself a perpetual
easement over and across Lot B
including the right of ingress and
egress thereto, for the purpose of
erecting, installing, constructing,
reconstructing, repairing, owning,
operating, and maintaining water,
sewer, drainage, gas, telephone, t:v.
cable, and electdc lines as may be
authorized by the City of Dubuque,
Iowa, and ddveway access to Lots 1, 2,
and 3 all on Maple Leaf Addition No. 2
in the Oity of Dubuque, Dubuque
County, Iowa, and for ddveway access
to Lots 1, 2, and 3 all in Maple Leaf
Addition No. 2 in the City of Dubuque,
Dubuque County, Iowa.
Passed, approved and adopted this
1st day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 5th day of
November, 1999.
Attest: Mary A. Davis, City Clerk
It 11/5
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 and further
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carded 7-0.
RESOLUTION NO. 617-99
· RESOLUTION OF INTENT TO
DISPOSE OF CITY INTEREST IN LOT
A AND LOT B OF MAPLE LEAF
ADDITION NO. 2 iN THE CITY OF
DUBUQUE, DUBUQUE COUNTY,
IOWA
Whereas, John R. Kreiman has
requested the vacating of a portion of
Maple Leaf Avenue and Monroe
Avenue (aka Louella Lane).
Whereas, the City of Dubuque
Engineering Division has prepared and
submitted to the City Council a plat
showing the vacated portion of Maple
Leaf Avenue and Monroe Avenue (aka
Louella Lane) and assigned' lot
numbers thereto, which hereinafter
shall be known and described as Lot A
and Lot B of Maple Leaf Addition No. 2
in the City of Dubuque, Dubuque
County, iowa; and
Whereas, the City Council of the City
of Dubuque, Iowa, has determined that
these portions of Maple Leaf Avenue
and Monroe Avenue platted as Lot A
and Lot B of Maple Leaf Addition No. 2
in the City of Dubuque, Dubuque
County, Iowa, is no longer required for
public use, except for utility easements
as noted, and vacating and sale of said
portions of these streets known as Lot
A and Lot B of Maple Leaf Addition No.
2 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 in Lot
A and Lot B of Maple Leaf Add,on No.
2 in the City of Dubuque, Dubuque
County, Iowa.
Section 2. That the conveyance of
Lot A and Lot B of Maple Leaf Addition
No. 2 in the City of Dubuque, Dubuque
County, Iowa, to John R. Kreiman be
contingent upon the grant of easement
for sanitary sewer across Lot 2-2-1-2 of
the SW 1/4 of the SW 1/4 of Section
12, T89N, R2E, 5th P.M., Dubuque
County, Iowa.
Section 3. The City of Dubuque
reserves unto itself a perpetual
easement over and across Lot B
including the dght of ingress and
egress thereto, for the purpose of
erecting, installing, constructing,
reconstructing, repairing, owning,
operating, and maintaining water,
!sewer, drainage, gas, telephone, t:v.
cable, and electric lines as may be
authorized by the City of Dubuque,
iowa, and for ddveway access to Lots
1, 2, and 3 all in Maple Leaf/Addition
No. 2 in the City of Dubuque, Dubuque
County, Iowa.
Section 4. That the City Clerk be and
is hereby authorized and directed to
cause a notice of intent to dispose of
said real estate to be published in the
manner as prescribed by law.
Passed, approved and adopted this
1st day of November, 1999.
Terrence M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Buol moved adoption of the
resolution and set this matter for Public
Headng on 11-15-99 at 7:00 p.m. inthe
Public Library Auditorium and that the
City Clerk publish notice in the manner
prescribed by law. Seconded by
Nicholson. Motion carried 7~0.
City Manager subm~ing documents
providing for construction of
Technology Park Modifications Project,
presented and read. Voetberg moved
that the communication be received
and flied. Seconded by Nicho{eon.
Motion carded 7-0.
Reqular Session,
RESOLUTION NO. 618-99
PRELIMINARY APPROVAL OF
PEANS 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 Technology Park
Maintenance Project, in the estimated
amount of $31,384.03, are hereby
approved and ordered tiled in the office
of the City Clerk for public inspection.
Passed, adopted and approved this
1 st day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, C~, Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 619-99
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
p~ans, specifications, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the Technology Park
Maintenance Project.
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 15th day of November.
1999. a public hearing will be held at
7:00 p,m. in the Public Libra~,
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 and is hereby directed to
cause a notice of time and place of
such hearing to be published in a
ne~',~paper having general circulation
in the City of Dubuque. Iowa, which
notice shall be not less than four days
nor more than twenty days prior to the
day fixed for its consideration. At the
heating, any interested person may
appear and file objections to the
proposed p~ans, specifications,
contract, or estimated cost of the
improvement,
Pessed, adopted and approved this
1 st day of November, 1999,
Torrance M, Duggan, Mayor
Attest: Mary A, Davis, City Clerk
Voetberg moved adoption of the
Resolution, Seconded by Nichalson,
Motion carded 7-0.
RESOLUTION NO. 620-99
November 1, 1999 47~',
tORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CiTY OF DUBUQUE, IOWA
! That the Technology Park
Maintenance Project is hereby ordered
to be advartJsed 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
~ravisions 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 notice sha i not
be ess than four days nor more than
forty-five days prior to the receipt of
said bids at 2:00 p.m. on the 10th day
of November, 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 15th day of November, 1999.
Passed, adopted and approved this
1st day of November, 1999.
Torrance M. Duggan, Mayor
Attest: Mar/A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending public
hesdng be set for November 15, 1999
to dispose of property at 2618 Jackson
St., presented and read. Voetberg
moved that the communication be
received and tiled. Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 621-99
RESOLUTION OF INTENTION TO
DISPOSE OF CITY-OWNED
PROPERTY, SPECIFICALLY, THE
SOUTH ONE-HALF (S 1/2) OF LOT
231 IN GLENDALE ADDITION
NUMBER THREE (3), IN THE CITY OF
DUBUQUE, COUNTY OF DUBUQUE,
IOWA. ACCORDING TO THE
RECORDED PLAT THEREOF. ALSO
KNOWN AS 2618 JACKSON ST.
Whereas, the City of Dubuque
pumhesed this property for the purpose
of its resale and rehabilitation by a
~dvate individual, in order to address
neighborhood concerns regarding its
derelict condition; and to provide
additional housing for Iow-moderate
households; and
477 Regular Session, November 1, 1999
Whereas, bids have been received
from members cf the general public in
response to a solicitation to purchase.
NOW, THEREFORE, BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section 1. That the City of Dubuque,
iowa intends to dispose of its interest in
the following legally-described
property:
The South One-half (S 1/2) of Lot
231 in Glendale Addition Number
Three (3), in the City of Dubuque,
County of Dubuque, Iowa, according to
the recorded plat thereof.
Section 2. That the City of Dubuque,
Iowa proposes to dispose of its interest
in the above-dsscdbed real estate to
Peter V Eck and Angola MEck for the
sum of Eight Thousand Dollars
($8000).
Section 3. That the City Council
meet in the Carnegie Stout Public
library Auditorium, 11th & Bluff Streets,
Dubuque Iowa, at 7:00 p.m. on the
15th of November, 1999, far the
purpose of holding a public hearing and
taking final action on the disposition of
the above-described real estate in the
City of Dubuque, Iowa.
Section 4. That the City Clerk be
and she is hereby authorized and
directed to cause a notice of such
public headng and the City Council's
intent to dispose of such property to be
published as prescribed under Iowa
Code Section 364.7.
Passed, approved and adopted this
1st day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 7-0.
Communicafion of City Manager
recommending public hearing be set
for November 15 for issuance of
$360,000 Urban Renewal Tax
Increment Revenue Bonds to support
Hodzon/DuCarte and CarteGreph
Systems, Inc. project, presented and
read. Voetberg moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
City Manager recommending
approval of 5th Amendment to
Development Agreement among City,
Hodzon/DuCarte and CarteGreph and
authorize Mayor to execute documents,
presented and read. Voetherg moved
that the communication be received
and filed and recommendation
approved. Seconded by Niche[son.
Motion carded 7-0.
RESOLUTION NO. 622-99
RESOLUTION FIXING DATE FOR A
MEETING ON THE PROPOSITION OF
THE ISSUANCE OF NOT TO EXCEED
$360,000 URBAN RENEWAL TAX
INCREMENT REVENUE BONDS OF
DUBUQUE, IOWA, AND PROVIDING
FOR PUBLICATION OF NOTICE
THEREOF
Whereas, it is deemed necessary
and advisable that the City of Dubuque,
Iowa, should issue Urban Renewal Tax
Increment Revenue Bonds to the
amount of not to exceed $360,000, ad
author[zed by Section 403.9 of the
Code of Iowa, for the purpose of
providing funds to pay costs of carrying
out a project as hereinafter described;
and
Whereas, before said Urban
Renewal Tax Increment Revenue
Bonds may be issued pursuant to
Section 403.9 of the Code of Iowa, it is
necessary that the action hereinafter
described be taken and that the Clerk
publish a notice of the proposal and of
the time and place of the meeting at
which the Council proposes to take
action thereon and to receive oral
and/or written objections from any
resident or property owner of said C~
to said action.
Not, Therefore, Be it Resolved By
The City Council Of The City Of
Dubuque, Iowa:
Section 1. That this Council meet in
the Auditorium, Carnegie-Stout Public
Library, Dubuque, Iowa at 7:00 o'clock
P.M., on the 15th day of November,
1999, for the purpose of taking action
on the matter of the issuance of not to
exceed $360,000 Urban Renewal Tax
Increment Revenue Bonds, the
proceeds of which will be used to
provide funds to pay costs of aiding in
the p ann ng, 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 CentedSouth Economic
Development District, including the
funding of an economic development
rant to Horizon/DuCarte, LLC (the
i'Developer") under the terms of a
Development Agreement dated
January 18, 1999 as amended among
i the City, Developer and CarteGraph
i Systems, Inc. in respect of certain
minimum improvements to be
constructed and jobs to be created and
Reqular Session, November !, 1999
maintained by said parries in the
Dubuque Industdai Center/South
Economic Development District
Section 2. That the Clerk is hereby
directed to cause at least one
publicarion to be made of a notice of
said meeting, in a legal newspaper,
printed wholly in the English language,
published at least once weeldy, and
having general circulation in said City,
said publication to be not less than four
clear days nor more than twenty days
before the date of said public meeting
on the issuance of said obligations.
Section 3. The notice of the
proposed action to issue said Urban
Renewal Tax Increment Revenue
Bonds shall be in substantially the
following form:
NOTICE OF MEETING OF THE
COUNCIL OF THE CITY OF
DUBUQUE, IOWA, ON THE MATTER
OF THE PROPQSED ISSUANCE OF
NOT TO EXCEED $360~000 URBAN
RENEWAL TAX INCREMENT
REVENUE BONDS OF SAID CITY,
AND THE HEARING ON THE
ISSUANCE THEREOF
PUBLIC NOTICE is hereby given
that the Counc~'l of the City of Dubuque,
Iowa, will hold a public headng on the
15th day of November, 1999, at
o'clock P.M. in the Auditorium,
Carnegie-Stout Pubic UbraG',
Dubuque, lo,va, at which meeting the
Council proposes to take edd~onal
action for the issuance of not to exceed
$360,000 Urban Renewal Tax
Increment Revenue Bonds in order to
provide funds to pay 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 District, including the
funding of an economic development
grant to Horizon/DuCarte, LLC (the
"Developer") under the terms of a
Development Agreement dated
January 18, 1999, as amended, among
the City, Developer and CarteGraph
Systems, 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.
At the above meeting the Council
shall receive oral or written objections
from any resident or property owner of
said City, to the above action. After ali
objections have bee received and
considered, the Council will at this
4/&
[meering or at any adjournment thereof
: take additional action for the ssuance
of said Urban Renewal Tax Increment
Revenue Bonds or will abandon the
propoeel to issue said obligations.
This notice is given by order of the
Council of Dubuque, Iowa, as provided
by Section 403.9 of the Code of Iowa.
Code Section 403.9 shall govern this
meeting and action taken thereat.
Dated this 1st day of November,
1999.
Mary A. Davis
City Clerk of Dubuque, Iowa
(End Of Notice)
Passed and approved this 1st day of
November, 1999.
Terrance M. Duggan, Mayor
Attest: MaG' A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nichoison.
Motion carded 7-0.
City Manager requesting a public
hearing be set for November 15 to
dispose of easement for property north
orE. 16th St. between Farmland Foods
and I & M Railroad tracks to Alliant
: Util~es (Interstate Power Co.),
~resented and read. Voetberg moved
that the communication be received
and filed. Seconded by Nicholson.
Motion, carried 7-0.
RESOLUTION NO. 623-99
RESOLUTION OF INTENT TO
DISPOSE OF AN EASEMENT
INTEREST IN LOT 1 OF KERPER
INDUSTRIAL PARK
WHEREAS, the City of Dubuque,
Iowa is the owner of the following
described real property:
Lot 1 of Kerper Industrial Park, in the
City of Dubuque, Iowa;
AND WHEREAS, Interstate Pow'er
Company now desires to obtain an
electric line easement on a podJon of
said property for the purpose of
installing and maintain ng electric ne
I facilities;
| AND WHEREAS, City is required by
~ the Iowa Code to hold a pub!c hearing
/ on the disposal of the public s nterest
| in real estate,
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 an
easement interest in a portion of the
foregoing-described rea property to
Interstate Power Company.
Section 2. The City Clerk is hereby
authorized and directed to cause this
Resolution and a notice to be published
479 Regular Session, November 1, 1999
as prescribed by Iowa Code Section
364.7 of e public headng on the City's
intent to dispose of its interest in the
above-described real property, to be
held on the 15"' day of November,
1999, at 7:00 o'clock p.m. in the
Auditorium, Carnegie-Stout Public
Library, 360 West 11~ Street,
Dubuque, Iowa.
Passed, approved and adopted this
1'~ day of November, 1999
Terrance M. Duggan, Mayor
Attest: Man/A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
There being no further business,
Voetberg moved to adjourn. Seconded
by Buol. Motion carried 7-0. The
mee'dng adjourned at 9:20 P.M.
/si Mary A. Davis CMC,
CitY Clerk
Approve~C/-Cx~ J~// ~,,2000
Adopted(~:l~ ~2~ /~/, 2000
~i~ Clerk
Special Session, Novembe[ 13~ 1999
DUBUQUE
480
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session,
November 13, 1999
Counc~'l Met at 8:30 A.M., Public
Ubrary Auditorium
Present Mayor Duggan, Council
Member Buol, Markham, Michalski,
Nicholson, Robbins, Veetberg.
Also Present: Randy Peck, Human
Resources Manager.
Mayor Duggan read the call and
stated this is a Special Session of the
City Coundl called for the purpose to
conduct interviews for the pes~on of
City Clerk~
Approved
,2000
2000
Coun~ reviewed with Mr. Peck the
process and procedures to be used
dudng interviews.
There was Council delibera~on on
choosing the candidate.
Jeanne Schneider was appointed
with sweadng in at the Council Mee~ng
of January 3, 2000. She will start
receiving the salary increase on that
day.
Council Members
Cle
The mee~Jng adjourned at 1:33 P.M.
/s/MaP/A. Davis CMC
City Clerk
481 Regular Session, November 15, 1999
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session,
November 15, 1999
Council Met at 7:00 P.M., Public
Library Auditadum
Present: Mayor Duggan, Council
Membem Buol, Markham, Michalski,
Nichoison, Robbins, City Manager
Michael Van Milligen, Corporation
Counsel Barry A LindahL
Absent: Council Member Voetberg at
Roll Call
Mayor Duggan mad 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.
Invocation was given by Father
Robert Vogl, Professor-Emedtus of
Religious Studies at Loras College.
Proclamations: November as
"Adoption Awareness Month" received
by Jessica Lenth; and Nov. 16 as
"[~ng School Day" received by Barb
Schoenaur, Principal of Irving School.
MINUTES SUBMITTED: Airport
Commission of 10-25; Billboard Ad Hoc
Committee of 10-25; Park & Recreation
Commission of 10-18; Plumbing Board
of 10-18 & 10-26; Public Library Board
of Trustee of 9-22, presented and read.
Buol moved that the minutes be
received and tiled. Seconded by
Markham. Motion carded 6-0.
Proofs of Publication on publishing
List of Claims and Summary of
Revenues for month ending 9-30-99;
City Beard of Health quarterly meeting
and Council meeting of 9-15 & 10-18,
presented and read. Buol moved that
the proofs be received and tiled.
Seconded by Markham. Motion carried
6-0.
NOTICES OF CLAIMs/suITS:
Donald V. Bdmeyer in amount of
$44.52 for backed up sewer damages;
State Farm Insurance on behatf of their
client, Glenn Hochberger, subrogation
claim in the amount of $1787.94 for
vehicle damages; Michael J. Kelly in
amount of $1000.00 for backed up
sewer damages, presented and read.
Buol moved that the claims and suits
be moved that the claims and suits be
referred to the Legal Staff for
investigation and repor~ Seconded by
Council Member Markham. Motion
carded 6-0.
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
Allied Property & Casualty insurance
Company and Vehicle damage of Doug
Staudt, presented and read. Buol
moved that the communication be
received and tiled. Seconded by
Markham. Motion carried 6-0.
REFUNDS REQUESTED -- Diane
Theisen, d/b/a Copper Kettle, $211.15
on unexpired Liquor Ucense,
presented and read. Buol moved that
the communications be received and
tiled and request approved and
Finance Director to issue proper check.
Seconded by Markham. Motion carried
Dubuque County Zoning
Commission advising of public headng
to be held on November 16 to consider
rezoning of property for J & J Tree
Service located on Cedar Cross Road,
presented and read. Buol moved that
the communication be received and
flied. Seconded by Markham. Motion
carded 6-0.
ABSTRACT OF VOTES
DUBUQUE COUNTY, IOWA
We, the undersigned Members of
the Board of Supervisera, and ex-officio
Board of County Canvassers, for
Dubuque County, hereby certify the
fo[lowing to be a true and correct
abstract of the votes cast in this county
at the Municipal Ele~on held on the
second day of November, 1999, as
shown by the tally lists returned from
the several election precincts,
For the office of Dubuque City
Council at Large there were tire
thousand one hundred three (5,103)
votes cast as follows:
Sidney Blum received one thousand
tive hundred tweh/e (1,512) votes.
Ann Michaiski received Three
thousand five hundred seven~-eight
(3,578) votes.
Scattering race'Ned thirteen (13)
Reqular Session, Novernber J 5, 1999
48?
votes.
We therefore decla~"e Ann Michalsl~
duly elected to the office of Dubuque
City Council at Large for the term of
four years.
For the office of Dubuque City
Council Ward Two there were One
Thousand one hundred forty-five
(1,145) votes cast as follows:
Roy D. Buol received one thousand
one hundred nineteen (1,119) votes.
Mary Davis received six (6) votes.
Scattering received twenty (20)
votes.
We therefore declare Roy D. Buol
duly elected to the office of Dubuque
City Council Ward Two for the term of
four years.
For the office of Dubuque City
Council Ward Four there were nine
hundred thirty-four (934) votes cast as
follows:
Patdcia A. Cline received four
hundred ninety-one (491) votes.
Benny b King received three
hundred ninety-seven (397) votes.
Kevin Menning received forty (40)
votes.
Scattering received six (6) votes.
We therefore declare Patdcia A.
Clina duly elected to the office of
Dubuque City Council Ward Four for
the term of four years.
IN TESTIMONY WHEREOF, we
have set our hands and caused this to
be attested by the Dubuque County
Auditor and Commission of Elections
with the seal of Dubuque County.
Done at Dubuque, Iowa, the County
sea of this County this 8th day of
November, 1999.
/s/Donna L Smith, Chairperson
/s/AJan Mantarnach, Member
/s/Jim Waller, Member
/s/Denise M. Dolan, County Audito¢ &
Commissioner of Elections
Buol moved that the Abstract of
votes be received and tiled. Seconded
by Markham. Motion carried 6-0.
City Manager recommending
granting assignment of Cargill, Inc. to
AGRI, presented and read. Buol
moved that the communication be
received and tiled. Seconded by
Markham. Motion carded 6-0.
RESOLUTION NO. 624-99
RESOLUTION GRANTING
ASSIGNMENT OF CARGILL,
INCORPORATED LEASES WITH
CITY OF DUBUQUE TO AGRI GRAIN
MARKETING
Whereas, Cargill, Incorporated
intends to assign its interest in its
leases with the City of Dubuque to Agd
Grain Marketing, a partnership formed
under the Uniform Partnership Act of
the State of Iowa, of which Cargill,
Incorporated holds more than 50
percent interest; and
Whereas, Cargill, Incorporated has
requested to assign its current leases
to Agd Grain Marketing dated July 25,
1962, as amended from time to time;
and
Whereas, the existing leases
stipulate that the Lessee has the dght
to assign its leases to any person or
concern, with pdor written approval of
the Lessor in that the Lessor's interest
shall be fully protected and which
approval of the Lessor shall not be
unreasonably withheld; and
Whereas, the assignment of the
leases from Cargill, Incorporated to
Agd Grain Marketing meets with the
approval of the C~y Council.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That approval be granted
to Cargill, Incorporated to assign its
current leases to Agd Grain Marketing
dated July 25, 1962, as amended on
January 9, 1964, February 24, 1971,
January 29, 1974, and August 21,
1978.
Section 2. That the assignment to
Agd Grain Marketing is bound by all
stated terms and conditions of the
existing leases between the City of
Dubuque and Cargill, Incorporated.
Passed, adopted and approved this
15th day of November, 1999.
Terrance M. Duggan, Mayor
Attest:. Mary A. Davis, City Clerk
Buol moved adoption of the
Resolution. Seconded by Markham.
Motion carded 6-0.
RESOLUTION NO. 649-99
RESOLUTION GRANTING
ASSIGNMENT OF CARGILL,
INCORPORATED LEASE WITH CITY
OF DUBUQUE TO AGRI GRAIN
MARKETING
Whereas, Cargill, Incorporated
intends to assign its interest in its lease
with the C~ of Dubuque to Agd Grain
Marketing, a partnership formed under
the Uniform Partnership Act of the
State of Iowa, of which Cargill,
Incorporated holds more than 50
>ercent interest;, and
Whereas, Cargill, incorporated has
requested to assign its current lease to
Agd Grain Marketing dated March 29,
1978; and
Whereas, the exdsting lease
Regular Session, November 15, 1999
stipulates that the Lessee has the dght
to assign its lease to any person or
concern, with prior wdtten approval of
the Lessor in that the Lessor's interest
shall be fully protected and which
approval of the Lessor shall not be
unreasonably withheld; and
Whereas, the assignment of the
lease from Cargill, Incorporated to Agri
Grain Marketing meets with the
approval of the City Council.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That approval be granted
to Cargill, Incorporated to assign its
currant lease to Agri Grain Marketing
dated March 29, 1978.
Section 2. That the assignment to
Agri Grain Marketing is bound by ali
stated terms and conditions of the
existing lease between the City of
Dubuque and Cargill, Incorporated.
Passed, adopted and approved this
15th day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
Resolution. Seconded by Markham.
Motion carried 6-0.
Zoning Advisory Commission
advising of their approval of subdivision
plat for property Iocatad East of Tyra
Lane in Dubuque County (Kevin &
Valerie Schmitt), prasented and read.
Buol moved that the communication be
received and tiled. Seconded by
Markham. Motion carried 6-0.
RESOLUTION NO. 625-99
RESOLUTION APPROVING THE
PLAT OF SURVEY OF LOTS I THRU
3 OF RED CEDAR ESTATES NO. 2 IN
DUBUQUE COUNTY, IOWA
Whereas, there has been filed with
the City C~erk a Plat of Survey of Lots 1
thru 3 of Red Cedar Estates No. 2 in
Dubuque County, Iowa; and
Whereas, upon said plat provides 0
feet of frontage for Lots 2 and 3, where
60 feet is required by Section 42-19(b)
of the Subdivision Regulations; and
Whereas, said plat has been
examined by the Zoning Advisory
Commission and had its approval
endorsed thereon; and
Whereas, said plat has been
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating thereto.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section 1. That Section 42-19(b) of
the Subdivision Regulations is waived
to allow Lots 2 and 3 to have 0 feet of
frontage, where 60 feet is required,
provided Lots 2 and 3 are served by an
access easement to Tyra Lane, and
that the portion of Tyra Lane which lies
within the City of Dubuque and to a
point that serves the private drive of
Lots 1 thru 3 be paved in compliance
with City standards within two years of
the recording of this Plat of Survey.
Section 2. That the Plat of Survey of
Lots 1 thru 3 of Cedar Estates No. 2 is
hereby approved and the Mayor and
City Clerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, Iowa, upon said
subdivision plat.
Section 3. That the City Council
hereby waives Article IV, Design and
Improvement Standards, of the
SubdMsion Regulations, except
Section 42-19, Lots and Blocks.
Passed, approved and adopted this
15th day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
BuoJ moved adoption of the
Resolution. Seconded by Markham.
Motion carried 6-0.
City Manager recommending
Enterprise Zone contract with IDED for
Cottingham & Buffer, presented and
read. Buol moved that the
communication be received and flied.
Seconded by Markham. Motion carried
6-0.
Rhodes (Bud) Isenhar~ spoke
questioning specifics of this matter.
RESOLUTION NO. 626-99
RESOLUTION APPROVING AN
ENTERPRISE ZONE AGREEMENT
BY AND AMONG THE IOWA
DEPARTMENT OF ECONOMIC
DEVELOPMENT, THE CITY OF
DUBUQUE AND COTTINGHAM &
BUTLER INSURANCE SERVICE, INC.
Whereas, the City of Dubuque has
established two Enterprise Zones and
an Enterprise Zone Commission; and
Whereas, the Enterprise Zone
Commission on July 1, 1999 approved
the application of CottJngham & Butler
thsurance Service, Inc. for Enterprise
Zone benefits; and
Whereas, Cottingham & Butler's
application was approved by the Iowa
Department of Economic Development
on August 5, 1999; and
Whereas, the Iowa Department of
Economic Development has prepared
and submitted for City Council approval
an agreement relating to Enterprise
Reqular Session~ November 15, 1999
484
Zone benefits for Co~ngham 8, But~er,
a copy of which is atta~:hed 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 99-EZ-07, is hereby approved.
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
15~ day of November, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Buol moved adoption of the
Resolution. Seconded by Markham.
Motion carded 6-0.
City Manager recommending
acceptance of Manhole Reconstruction
project, presented and read. Buol
moved that the communicafion be
received and filed. Seconded by
Markham. Motion carded 6-0.
RESOLUTION NO. 627-99
ACCEPTING IMPROVEMENT
Whereas, the contract for the
Manhole Reconstruction Project
Fiscal Year 1999 has been completed
and the City Manager has examined
the work and filed his certificate stating
that the same has been completad
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
the Sanitary Sewer Construction Fund -
Fiscal Year 1999 in amount equal to
the amount of this contract, less any
retained percentage provided for
therein.
Passed, approved and adopted this
15th day of November, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Buol moved adoption of the
Resolution. Seconded by Markham.
Motion carded 6-0.
RESOLUTION NO. 628-99
FINAL ESTIMATE
Whereas, the contract for the
Manhole Reconstruction Project
Fiscal Year 1999 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
improvement is hereby determined to
be $54,405.20 and the said amount
shall be paid from the Sanitary Sewer
Construction Fund - Fiscal Year 1999
of the City of Dubuque, Iowa.
Passed, approved and adopted this
15th day of November, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Buol moved adoption of the
ResoILrtion. Seconded by Markham.
Motion carded 6-0.
City Manager recommending
approval of parking agreement for 35
parking spaces wfth Holiday Inn Five
Flags, presented and read. Buol
moved that the communication be
received and flied. Seconded by
Markham. Motion carded 6-0.
RESOLUTION NO. 629-99
AUTHORIZING THE MANAGER TO
SiGN A PARKING AGREEMENT
BETWEEN THE CITY OF DUBUQUE
AND THE HOLIDAY INN, DUBUQUE
Whereas, effecfive October 1, 1999
parking patrons from C~ parking Ist #9
were permanently displaced as a
result of new development in the
downtown distdct; and
Whereas, relocation of these patrons
to the Fifth Street ramp will not be
available until completion of the
expansion of said ramp; and
Whereas, the City desires to enter
into a Parking Agreement with Holiday
inn, Dubuque, a copy of which is
attached hereto, to provide for
parking for the displaced
NOW THEREFORE, BE
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the City Manager be authorized
485 Regular Session, November 15, 1999
to execute the Parking Agreement with
the Holiday Inn,. Dubuque, attached
hereto, on behalf of the City of
Dubuque.
Passed, approved and adopted this
15th day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
Resolution. Seconded by Markham.
Motion carded 6-0~
City Manager recommending
approval of agreement between City
and Match Point, LLC., presented and
read. Buol moved that the
communication be received and filed.
Seconded by Markham. Motion carded
RESOLUTION NO. 630-99
APPROVING THE TERMINATION
AND ASSIGNMENT AGREEMENT BY
AND AMONG THE CITY OF
DUBUQUE, EAGLE WINDOW &
DOOR, INC., DUBUQUE-EAGLE, LLC
AND OTTO A, LLC
WHEREAS, the City of Dubuque
(City), Eagle Window & Door, [nc.
(Employer), and Dubuque-Eagle, LLC
(Developer) are par~es to a
Development Agreement dated as of
February 15, 1999 (Development
Agreement);
AND WHEREAS, Developer has
been unable to obtain its financing for
the construction of the Minimum
Improvements, which financing is a
condition precedent to the obligations
of Developer under the Development
Agreement;
AND WHEREAS, City and Employer
are willing to release Developer from its
obligations, but only upon the terms
and conditions set forth in the
Termination and Assignment
Agreement, attached hereto;
AND WHEREAS, as a condition of
their release of Developer from its
obligations, City and Employer have
requested that Developer assign its
interest in the Development Agreement
to Otto A, LLC, a Nevada limited
liability company (New Developer),
Developer has agreed to such
assignment, and New Developer has
agreed to assume Developer's
obligations under the Development
Agreement.
NOW, THEREFORE, be it resolved
by the City Council of the City of
Dubuque, Iowa, as foll0ws:
1. The Termination and Assignment
Agreement is hereby approved.
2. The Mayor is hereby authorized
and directed to execute the
Termination and Assignment
Agreement on behalf of the City of
Dubuque.
3. Resolution No. 609-99 is hereby
rescinded.
Passed, approved and adopted this
15th day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
Resolution. Seconded by Markham.
Motion carded
Copy of letter from [DOT to Monica
Meissner regarding "train speed" in
City, presented and read. Buo[ moved
that the communication be received
and flied. Seconded by Markham.
Motion carded 6-0.
City Manager recommending
approval of FY'99 Housing Trust Fund
Award to YWCA Battered Woman
~he[ter in amount of $25,000,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Markham. Motion
carded 6-0.
RESOLUTION NO. 631-99
Whereas, applications for Beer
Permits have been subm~ed 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 C~ and have flied
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit.
CLASS "C" BEER PERMIT
Molo Oil Corn Big 10 Mart & Car
Wash+(Sunday Sale) 1875 JFK Rd
Iowa OiICom IOCO SpeedeShoppe
=-'~93+(Sunday Sale) 3270 Dodge St
Rainbo Oil ComKwik Stop Food Mart
+(Sunday Sale) 2297 University Ave
Passed, approved and adopted this
15th dayof November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A Davis, City Clerk
Buol moved adoption of the
Resolution. Seconded by Markham.
Motion carried 6-0.
RESOLUTION NO. 632-99
Whereas, applications for Liquor
Licenses have been submitted to this
Reqular Session, November.15, 1999 4~
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 flied
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
QF THE CITY QF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER/LIQUOR LICENSE
Aragon Tap, Inc. Aragon Tap
+(Sunday Sale) 1103 Iowa St
The Ground Round, Inc. Greund Round
+(Sunday Sale) 50 JFK Rd
Raysan Corp inc. The Bridge Rest_
+(Sunday Sale) 31 Locust St
Passed, approved and adopted this
15th day of November, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Buol moved adoption of the
Resolution. Seconded by Markham.
Motion carded 6-0.
Michalski moved that the rules be
suspended to allow anyone present to
address the Council if they so desire.
Seconded by Robbins. Motion carded
Proof of publication certified to by
the Publisher on Notice of Public
Hearing to consider disposing of City's
interest in Lot A and B of Maple Leaf
Addition No. 2. (Vacated pomona of
Maple Leaf Ave. and Monroe Ave. aka
Loue[la Lane), presented and read.
Robbins moved that the proof be
.received and flied. Seconded by
Nicholson. Motion carded 6-0.
Attorney Gary Norby, representing
John Kreiman, spoke requesting the
sale.
RESOLUTION NO. 633-99
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT A AND B OF
MAPLE LEAF ADDITION NO. 2 IN
THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, pursuant to resolution and
published notice of time and place of
hearing, published in the Telegraph
Herald, a newspaper of general
circulation published in the City of
Dubuque, Iowa on the 5th day of
November, 1999, the City Council of
the City of Dubuque, iowa met on the
15th day of November, 1999, at 7:00
p.m. in the Public Library Auditorium,
11th and Locust, Dubuque, Dubuque,
County, Iowa to consider the proposal
for the sale of real estate described as:
Lot A and Lot B of Maple Leaf
Addition No. 2 in the City of Dubuque,
Dubuque County, Iowa
Whereas, the City Council of the City
of Dubuque, Iowa overruled any and all
objections, oral or written to the
proposal to sell such real estate,
except for easement as noted.
NOW THEREFORE, BE IT
RESQLVED BY THE CITY CQUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section 1. That the sale of City of
Dubuque real property described as
Lot A and Lot B of Maple Leaf Addition
No. 2 in the City of Dubuque, Dubuque
County, Iowa, to John R. Kreiman be
and the same is hereby approved for a
grant of easement across Lot 2-2-1-2
ofthe SW 1/4 ortho SW 1/4 of Section
12, T89N, R2E, 5th P.M., Dubuque
County, Iowa. Conveyance shall be by
Quit Claim Deed.
Section 2. The City of Dubuque
reserves unto itself a perpetual
easement over and across Lot S
including the dght of ingress and
egress thereto, for the purpose of
erecting, installing, construction,
reconstructing, repairing, owning,
operating, and maintaining water,
sewer, drainage, gas, telephone, tv.
cable, and electdc lines as may be
authorized by the City of Dubuque,
Iowa, and for driveway access to Lots
1, 2, and 3 all in Maple Leaf/Addition
No. 2 in the CH of Dubuque, Dubuque
County, Iowa.
Section 3. That the Mayor be
authorized and directed to execute a
Quit Claim Deed, and the City Clerk be
and is hereby authorized and directed
to deliver said deed of conveyance to
John R. Kreiman upon receipt of said
grant of easement across Lot 2-2-1-2
ofthe SW 1/4 ofthe SW 1/4 of Section
12, T89N, R2E, 5th P.M., Dubuque
County, Iowa.
Section 4. That the City Clerk be
and is hereby authorized and directed
to record a cert~ed copy of this
resolution in the office of the City
Assessor, Dubuque County Recorder
and Dubuque County Auditor.
Passed, approved and adopted this
15th day of November, 1999.
Terrance M. Duggan, Mayor
Attest MaryA: Davis, City Clerk
Robbins moved adoption of the
Resolution. Seconded by Nicholson.
487 Regular Session, November 15, 1999
Motion carded 6-0.
Proof of publication certified to by
the Publisher on Notice of Public
Hearing to dispose of City's interest of
an easement in Lot 1 of Kerper
Industrial Park to A]liant Utilities
(Interstate Power Co.), presented and
read. Robbins moved that the proof be
received and filed. Seconded by
Nicholson. Motion carded 6-0.
RESOLUTION NO. 634-99
RESOLUTION DISPOSING OF AN
INTEREST IN REAL PROPERTY BY
EASEMENT TO INTERSTATE
POWER COMPANY
WHEREAS, the City of Dubuque,
iowa (City) is the owner of the following
described real property:
Lot 1 of Kerper Industrial Park, in the
City of Dubuque, Iowa
AND WHEREAS, Interstate Power
Company now desires to obtain an
electhc line easement on a portion of
said property for the purpose of
installing and maintaining electric line
facilities as set forth in the attached
Electric Line Easement;
AND WHEREAS, November 15,
1999, the City Council pursuant tq
notice published as required by law
held a public hearing on its intent to
dispose of the foregoing interest in rea[
property and overruled all objections
thereto;
AND WHEREAS, the City Council
finds that it is in the best interest of the
City to approve the disposi'don of such
real property.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section 1. The City Council of the
City of Dubuque, Iowa, approves the
Electtic Line Easement attached hereto
and the Mayor is hereby authorized
and directed to sign this resolution and
the Electric Line Easement.
Passed, approved and adopted this
15th day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Robbins moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 6-0.
Proof of publication certified to by
the Publisher on Notice of Public
Heating to dispose of property at 2618
Jackson St., presented and read. Buol
moved that the proof be received and
filed. Seconded by MichalskL Motion
carried 6-0.
RESOLUTION NO. 638-99
RESOLUTION APPROVING THE
DISPOSAL OF CITY-OWNED
PROPERTY, SPECIFICALLY, THE
SOUTH ONE-HALF (S 1/2) OF LOT
231 IN GLENDALE ADDITION
NUMBER THREE (3), IN THE CITY OF
DUBUQUE, COUNTY OF DUBUQUE,
IOWA, ACCORDING TO THE
RECORDED PLAT THEREOF, ALSO
KNOW AS 2618 JACKSON STREET.
Whereas, pursuant to a notice, duly
published in the Tebgraph Herald
newspaper, the City Council of
Dubuque, iowa met on the 15th day of
November, 1999 at 7:00 p.m. in the
Carnegie Stout Public Ubrary
Auditorium, 11th and Bluff Streets,
Dubuque, Iowa, to consider the
proposal to dispose of City-owned real
estate located at 2618 Jackson Street,
which property is legally described as
follows:
The South one-half (S 1/2) of Lot
231 in Glendale Addition Number
Three (3), in the City of Dubuque,
County of Dubuque, Iowa, according to
the recorded plat thereof.
Whereas, such property is proposed
to be sold to Peter V. Eck and Ange]a
M. Eck in consideration for Eight
Thousand ($8000.00) Dollars; and
Whereas, the City Council of the City
of Dubuque, Iowa, has overruled any
and all objections, oral and wtitten, to
the proposal to dispose of the interest
of the C~ of Dubuque, Iowa, in the
herein and above-named real estate to
the above-named grantees.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the dispose of the
interest of the City of Dubuque in the
above-described property to Peter V.
Eck and Angela M. Eck is hereby
approved.
Section 2. That the Mayor be and he
is hereby authorized and directed to
execute a Quit Claim Deed, and that
the City Clerk be and she is hereby
directed and authorized to delivery
such Deed, conveying the above-
described real estate to the above-
named grantees.
Passed, approved and adopted this
15th day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Michalski.
Motion carded 6-0.
Proof of publication cedJfied to by
Reqular Session,
the Publisher on Notice of Hearing on
the issuance of $3~0,000 Urban
Renewal Tax Increment Revenue
Bonds for the Dubuque Industhal
Center/South Economic Development
Distdat including the funding of an
economic development grant to
Hodzon/DuCarte, LLC., presented and
read. Buol moved that the proof be
received and filed. Seconded by
Nicholson. Motion carded 6-0.
RESOLUTION NO. 636-99
RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED
$360,000 URBAN RENEWAL TAX
INCREMENT REVENUE BONDS
Whereas, pursuant to notice
published as required by law, this
Council has held a public mee'dng and
hearing upon the proposal to insff~ute
proceedings for the issuance of not to
exceed $360,000 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 Iowa and the Urban
Renewal Plan for the Dubuque
Industrial Center/South Economic
Development District, including the
funding of an economic development
grant to Hodzon/DuCarte, LLC (the
"Developer'} under the terms of a
Development Agreement dated
January 18, 1999, as amended, among
the City, Developer and CarteGraph
Systems, 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 Distdat, and
has considered the extent of objections
received from residents or property
owners 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:
Secfion 1. That this Council does
hereby institute proceedings and takes
additional action for the sale and
issuance in the manner required by law
of not to exceed $360,000 Urban
Renewal Tax Increment Revenue
Bonds for the foregoing purpose.
Section 2. The City Manager is
authorized and directed to proceed on
Novembe[15~1999
488
behalf of the CH 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 nofice 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
and acceptable to the Council
Passed and approved this 15th day
of November, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Buol moved adoption of the
ResolLrtJon. Seconded by Nicholson.
Motion carded 7-0.
City Manager recommending to
authorize issuance of bonds and
approve execution of all documents,
~resented and read. Buol moved that
the communication be received and
filed. Seconded by Nicholson. Motion
carded 6-0.
RESOLUTION NO. 637-99
A RESOLUTION AUTHORIZING AND
PROVIDING FORTHE ISSUANCE OF
$360,000 URBAN RENEWAL TAX
INCREMENT REVENUE BONDS,
TAXABLE SERIES 1999C, 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 CENTEPJSOUTH
ECONOMIC DEVELOPMENT
DISTRICT
WHEREAS, the City Co, uncil, of the
City of Dubuque, Iowa (the 'City' or the
"issuer") did heretofore adopt an Urban
Renewal Plan by Resolution No. 141-
97 of this City Council approved on
Apdi 7, 1999 (the "Urban Renewal
Plan"), under which plan there is to be
carded out urban renewal project
activi~es in an area designated as the
Dubuque Industrial Center/South
Economic Development Diatdct (the
"Project Area"); and
WHEREAS, it is presently estimated
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 $360,000,
and provisions must now be made by
489 Regular Session, November 15, 1999
the City to provide for the payment of
such costs by th.e 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
hereina~er referred to as the "Dubuque
Industrial Center/South Economic
Development District 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 authority 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 activ~es 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 $360,000 Urban
Renewal Tax Increment Revenue
Bonds has heretofore been dub/
published and no objections to such
proposed action have been filed and it
is now necessary and advisable that
provisions be made for the issuance of
Bonds to the amount of $360,000
pursuant to the provisions 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 dedved from or
held in connection with the undertaking
and carrying 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. The following
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
$360,000 Urban Renewal Tax
Increment Revenue Bond, Taxable
Series 1999C, author[zed to be issued
by this Resolution;
· "Clerk" shall mean the City Clerk
or such other of~cer of the successor
Governing Body as shall be charged
with substantially the same duties and
responsibilities;
· "Corporate Seal" shall mean the
official seal of Issuer adopted by the
Governing Body;
· "Developer"' shall mean
Horizon/DuCarte, EL.C, a Wisconsin
limited liability company;
· "Development Agreement'' shall
mean the Development Agreement
dated as of January 18, 1999 by and
among the City, the Developer and
CarteGraph Systems, Inc., an Iowa
corporation, as amended from time to
time;
· "Development Property" shall
mean that portion of the Project Area
conveyed by the Cfty 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 set forth in Exhibit B
thereto;
· "Dubuque Industrial Center/South
Economic Development District Urban
Renewal Tax Increment Revenue
Fund" or "Revenue Fund" means the
special fund of the C~' created under
the authority 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
otherwise, 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;
· "Fiscal Year" shall 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 Issuer;
· "Governing Body" shall mean the
City Counc of the City, or its
successor in function with respect to
the operation and control of the Project
Area;
· "Ho~on/DuCarte TIF Account"
means a separate account within the
Dubuque Industrial Center/South
Economic Development District Urban
Renewal Tax Increment Revenue Fund
Reqular Session, No~ember '15~ 1999 490
of the City, in which, there shall be
deposited all Tax Increments received
by the Cb in respect of the Minimurr
Improvements and the Development
Property;
· "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, Iow'a;
· "Minimum Improvements" shall
mean the construction by the
Developer on the Development
Property of an off,ce building of not less
than 29,000 square feet of floor space
together with required off-street parking
facilities, in accordance with the terms
of the Development Agreement;
· "Original Purchaser" shall mean
Dubuque Bank and Trust Company,
Dubuque, Iowa, as the purchaser of the
Bond from Issuer at the time of its
original issuance;
· "Paying Agent" shall be the City
Treasurer, or such successor as may
be approved by Issuer as. provided
herein and who shal~ carry out the
duties prescribed herein as lesuer's
agent to provide for the payment of
principal of and interest on the Bond 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;
~' "Project Fund" or "Construction
Account" shalt mean the fund required
to be established by this Resolution for
the deposit of the proceeds of the
Bonds;
· "Registrar" shall be the City
Treasurer of Dubuque, Iowa, or such
successor as may be approved by
Issuer as provided herein and who
shall carry out the duties prescdbed
herein with respect to maintaining a
register of the owners of the Bonds.
Unless othenMse specified, the
Registrar shall also act as Transfer
Agent for the Bonds;
· "Tax Increments'* means the
property tax revenues divided and
made available to the C~ for deposit in
the Dubuque Industrial Center/South
Economic Development Distdct Urban
Renewal Tax Increment Revenue Fund
under the provisions of Section 403.19
of the Code and the Ordinance;
+ "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.
Sec~on 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~ufion and laws of the State of
Section 3. Authori?aflon
and ApcrovaI of Relatad Documenf~
There are hereby authorized to be
issued, negotiable, serial, fully
registereq Urban Renewal Tax
~ncrement Revenue Bonds, Taxable
Series 1999C, of the City of Dubuque,
in the County of Dubuque, State of
Iowa, in the aggregate amount of
$380,000 for the purpose of paying
costs of aiding in the planning,
undertaking and carrying out of urban
renewal project ac~ifies ~Jnder 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 the funding of an economic
development grant to Horizon/DuCat[e,
LLC (the "Developer") under the terms
of a Development Agreement dated
January 18, 1999, as amended, among
the City, Developer and CarteGraph
Systems, 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.
The Purchase Agreement between
the City and the Odginal Purchaser
(the "Purchase Agreement") is hereby
approved in substantially the form
presented at this meeting, and the
Mayor and City Clerk are authorized to
execute and deliver the same on behalf
of the City with such changes as shall
to them, upon the advice of
Corporation Counsel, be necessary or
appropdate.
On the date of iesuance of the Bond,
~roceeds of the Bond in the amount of
$310,123.84 shall be deposited in the
Project Fund and held in such fund
until applied to costs of issuance or
disbursed to the Developer
accordance with the Development
Agreement From such amount, the
aggregate sum of $50,123.84 shall be
withdrawn by the Treasurer on
December 31, 1999, June 30, 2000,
December 31, 2000 and June 30, 2001
(in the respeblJve amounts set forth in
the Purchase Agreement) and
deposited in the Sinking Fund
established in Sectien 16 hereof and
thereafter applied to the payment of
interest on the Bond on ssM dates.
The balance of the Proceeds, in the
491 Regular Session, November 15, 1999
amount of $49,876.16, shall be
deposited in the Reserve Fund
established under Section 16 hereof.
Section 4. Source of Payment. As
provided 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
Hoitzon/DuCarte TIF Account of the
City. The City hereby covenants and
agrees to maintain the Ordinance in
force dudng 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
Horizon/DuCarte 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 collected in respect of other
properties within the Project Area or by
general taxation or from any other City
funds.
The Bonds shall not constitute an
indebtedness within the meaning of
any statutory debt limitation or
restriction and shall not be subject to
the provisions of any other [aw 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 involving 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 carried out in accordance with the
provisions of Chapter 403 of the Code
of Iowa.
Section 5. Bond Details. Urban
Renewal Tax Increment Revenue
Bonds of the City in the amount of
$360,000 shall be issued 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 1999C", be dated
as of the date of delivery, and bear
interest from the date thereof, until
payment thereof, at the office of the
Paying Agent, said interest payable on
December 31, 1999 and semiannually
thereafter on June 30th and December
31st of each year until maturity at the
rate hereinafter provided.
Principal of the Bond shall bear
interest fram the date of disbursement
of the proceeds thereof at the rate of
8.80% per annum until paid, and the
Bond shall mature in the principal
amounts set forth on the Debt Service
Schedule attached to the Purchase
Agreement 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
December 31, 2010.
The Bond shall be executed by the
manual signature of the Mayer 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
Bend shall be in the denomination of
$5,000 or multiples thereof and shaH, at
the request of the Original Purchaser,
be issued initially as a single Bond in
the principal amount of $360,000 and
numbered R-1.
Section 6. Redemr~tion The
principal of the 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' notice of redemption by
registered or cer+Jfied mail, to the
registered owner of the Bond. The
terms of redemp~on shall be par, plus
accrued interest to date of call
Section 7. Reeistration of Bends:
Appointment of Reoistrer: Transfer:
Ownershir): F)eliverv: and Cancellation.
(a) Reeistration. The ownership of
Bonds may be transferred only by the
making of an entry upon the books kept
for the reg[sfration and transfer of
ownership of the Bonds, and in no
other way. The Treasurer is hereby
appointed as Band 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
in this Resolution. All Bonds shall be
Regular Session, November, 15, 1999
492
negotiable as provided in Article 8 of
the Uniform Commercial Code and
Section 3@4.83(5) of the Code of Iowa
subject to the provisions for registration
and transfer contained in the Bonds
and in this Resolution.
lb} Transfer. The ownership of any
Bond may be ~'ansferred only 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 duly 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 iden~cation
number of such transferee (or, if
registration is to be made in the name
of multiple indMduals, 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 permit[ed by this
Resolution in aggregate principal
amount equal to the unmatured and
unredeemed principal amount of such
transferred fully registered Bond, and
bearing interest at the same rate and
maturing on the same date or dates
shall be delivered by the Registrar.
lc) Registration of Transferred
Bonds. in all cases of the transfer of
the Bonds, the Registrar shall register,
at the earliest 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
representative. 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. All Bonds which
have been redeemed shall not be
reissued but shall be canceled by tha
Registrar. A~I Bends which are
canceled by the Registrar shall be
destroyed and a certificate of the
destruction thereof shall be furnished
promptly to the Issuec, provided that if
the Issuer shall so direct, the Registrar
shall forward the canceled Bonds to the
Issuer.
(f) Non-Presentment of Bonde~ In
the event any payment check
representing payment of ptincipal of or
interest on the Bonds is returned to the
Paying Agent or is not presented for
payment of principal at the maturity or
redemption date, if funds sufficient to
pay such principal of or interest on
Bonds shall have been made available
to the Paying Agent for the beneft[ 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 hold such funds, without liability for
interest thereon, for the benefit of the
owner of such Bonds who shall
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 tha date fixed
for redemption thereof, or atherwise, at
which time the Paying Agent, shall
surrender any remaining funds so held
to the issuer, whereupon any claim
under this Resolution by the Owners of
such interest or Bonds of whatever
nature shal~ be made upon the issuer.
Section $. Reissuance of Mutilated,
Destroyed Stolen or test Bond~ In
case any outstanding Bond shall
become mutilated or be destroyed,
stolen or lost, 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 last, in exchange
and substitution for such mutilated
Bond to Registrar, upon surrender of
such mutilated Bond, or in lieu of and
substitution for the Bond destroyed,
stolen or lost, upon filing 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 with
satisfactory indemnity and complying
493 Regular Session, November 15, 1999
with such other reasonable regulations
as the'issuer or its agent may prescribe
and paying such exl~enses as the
issuer may incur In connection
therewith.
Section 9. Record Date. Payments
of principal and interest, othenMse 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. All 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.
Se~on 10. ~
Authentication and Delivery of the
Bends. 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 entiUed to any right
or benefit hereunder unless the
Registrar shall duly endorse and
execute on such Bond a Certificate of
Authentication substantially in the form
of the Ceffdficate herein set for[h. Such
Certificate upon any Bond executed on
behalf of the Issuer shall be conclusive
evidence that the Bond so
authenticated has been duly issued
under this Resolution and that the
holder thereof is entitled to the benefits
of this Resolution.
Section 11. Rinht to Name
Substitute P~vina Aaent or R~oistrar
Issuer reserves the dght to name a
substitute, successor Registrar or
Paying Agent upon gMng prompt
written notice to each registered
Bondholder.
Section 12. Form of Bond. Bonds shall be printed in substantial compliaAce with
standards proposed by the American Standards Institute substantially in the form as
follows:
[ (6) 1 [ (6) ]
(l)
[ ] I I I ] I I
(lO)
(Continued on the back of this Bond)
(11)(12)(13) I [ (14) [ [ (15) ]
FIGURE[
(Front)
Reqular Session, November 15, 1999
(lo)
(Continued) (I6)
FIGURE 2
(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"
"TAXABLE SERIES 1999C"
[TAXABLE FOR FEDERAL
INCOME TAX PURPOSES]
Item 2, figure 1 = Rate: 8.80%
Item 3, figure 1 = Maturity: As
described herein
Item 4, figure 1 = Bond Date: Date of
Delivery
Item 5, figure 1 = Cusip No.: N/A
Item 6, figure 1 = "Registered"
Item 7, figure 1 = Cer'dficate No. R-1
Item 8, figure 1 = Principal Amount:
$360,000
Item 9, figure I = The City of
Dubuque, Iowa, a municipal
corporation organized and exis~ng
under and by virtue of the Constitution
and laws of the State of Iowa (the
"Issuer"), for value received, promises
to pay from the source and as
hereinafter provided, on the maturity
date indicated above, to
Item 9A, figure 1 = (Registration
~anel to be completed by Registrar or
Printer with name of Registered
Owner).
Item 10, figure I = or registered
assigns, the principal sum 9f (orincio~t
amount written out) THOUSAND
DOLLARS in lawful money of the
United States of America, on the
maturity dates described herein, only
495 Regular Session, November 15, 1999
upon. presentation and surrender
hereof at the office of the City
Treasurer, Paying 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 December 31, 1999, and
semiannually thereafter on June 30th
and December 31st of each year until
maturity as hereinafter provided.
Principal of this Bond shall bear
interest from the date of disbursement
of the proceeds hereof at the rate of
8.80% per annum until paid, and 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 December 31,2010.
Interest and principal shall be paid to
the registered holder of the Bond as
shown on the records of ownership
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 GRQSS iNCOME
FOR FEDERAL INCOME TAX
PURPOSES 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 towa, 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 District, including the
funding of an economic development
grant to HodzonfDuCarte, LLC. (the
"Developer") under the terms of a
Development Agreement dated
January 18, 1999, as amended, among
the City, Developer and CarteGreph
Systems, Inc. in respect of certain
minimum improvements to be
constructed and jobs to be created and
maintained by said par'des in the
Dubuque Industrial Center/South
Economic Development District, in
conformity to a Resolution of the
Council of said City duly passed and
approved (the "Resolution"). 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 Iseuer and paid
before maturity on any date, from any
funds regardless of eource, in whole or
from~me to time in part, by giving thirty
days notice of redempfion by
registered or certified mail, to the
registered owner of the Bond. The
terms of redemption 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 ehali occur only
upon presentation and surrender of this
Bond at the office of the Regietrar,
together with an assignment duly
executed by the owner hereof or his
duly authorized attorney in the form as
shall be satisfactory to the Registrar.
issuer reserves the dght 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 Uniform
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
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
:ollected in respect of the Developer's
property located within the Dubuque
ndustda[ 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
Reqular Session,
will maintain in force an ordinance
providing for the divisk~n of incremental
taxes within the Project Area and 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 from other incremental taxes
collected in respect of other properties
within the Project Area or 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 fo
the payment hereof.
And it is hereby represented and
certified 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
Jaw.
IN TESTIMONY WHEREOF,
said Cb 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
Treasurer.
CFtC 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's manual sianatur~
Mayor
A'i]'EST:
By: City Clerk's manual siqnature
City Clerk
item 16, figure2 = It is cer~ed that
the following is a correct 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 sianahjr~l
City Clerk
[Opinion of Bond Counsel]
November 15, 1999
496
Item 17, figure 2 = [Assignment Block]
Required for RegistrationJ
ASSIGNMENT
For value received, the undersigned
hereby sells, assigns and transfers
unto (Social Security or
Tax identification 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 of the within Bond,
with full power of substitution in the
Dated:
(Person(s) execu~ng th~ Assignment
sign(s) here)
SIGNATURE)
GUARANTEED)
IMPORTANT - READ CAREFULLY
The signatura(s) to this Power must
correspond with the name(s) as written
upon the face of the certificate(s) or
bond(s) in every padicuar without
alteration or enlargement or any
change whatever. Signature guarantee
must be provided in accordance with
the prevailing standards and
of the Registrar and
Transfer Agent Such standards and
may require signature to be
guaranteed by certain eligible
guarantor institutions that pa~cipate in
a recognized signature guarantee
program.
INFORMATION REQUIRED FOR
REGISTRATION OF TRANSFER
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 Band is to be registered in the
names of mul~ple individual owners,
the names of all 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
497
Regular Session, November 15, 1999
writte~ 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
common
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. ~. The
fimely payment of principal of and
interest on the Bonds shall be secured
equally and ratably by the Tax
Increments collected and allocated to
the Horizon/DuCarte TIF Account
without priority by reason of number or
time of sale or delivery;, and the Tax
Increments collected and allocated to
the Horizon/DuCarte TIF Account are
hereby irrevocably pledged to the
timely payment ef both principal and
interest as the same become due.
Section 14. Acclicafion of Rond
Proceeds. Proceeds of the Bond shall
be drawn upon and applied as
described in Section 3 hereof. Subject
to the limitations 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 Bond at any time that
other funds shall be insufficient to the
purpose, in which event such funds
shall be repaid to the Project Fund at
the earliest opportunity. Any balance
on hand in the Project Fund and not
immediately required for its purposes
may be invested not inconsistent with
limitations provided by law or this
Resolution. Any excess proceeds
remaining on hand shall be paid into
the Reserve Fund.
Section 15. Tax LeW. After its
adoption, a copy of this Resolution
shall be flied in the office of the County
Auditor of Dubuque County to evidence
the pledging of a portion of the
Dubuque Industrial CentedSouth
Economic Development District Urban
Renewal Tax Increment Revenue Fund
and the poriJon of taxes to be paid into
the Horizon/DuCarte 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 certified that the annual
amount of Tax Increments to be
collected in respect of the Development
Property and the Minimum
Improvements located thereon
pursuant to Section 403.19(2) of the
Code of iowa shall be not less than the
annual requirement for principal and
interest on the Bond, as follows:
Amount of Principal Fiscal Year (July 1
to June 30)
~nql interest
Year of Collection
$50,124 2000/2001
58,000 2001/2002
58,000 2002/2003
58,000 2003/2004
58,000 2004/2005
58,000 2006/2007
58,000 2007/'2008
58,000 2008/2009
58,000 2009/2010
10,274 2010/2011
Section 16. Application of Revenues.
From and after the delivery of the
Bond, and as long as the Bond shall be
outstanding and unpaid either as to
principal or as to interest, or until the
Bond 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 in the
Horizon/DuCarte TIF Account and shall
be disbursed only as follows:
(a) Sinkind Fund. There is hereby
established and shall be maintained a
special fund within the HorizonlDuCarte
TIF Account from which interest and
principal on the Bond will be paid. The
fund shall be known as the
Hor[zon/DuCarte Principal and Interest
Fund (the "Sinking Fund"). The
amount to be deposited in the Sinking
Fund in any year shall be an amount
equal to the interest and principal
coming due on such Bond during the
fiscal year. Money shall be first
deposited into the Interest Account of
the Sinking Fund to an amount equal to
the interest falling due in each fiscal
,ear. 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
principal of and interest on the Bond,
as the same shall become due and
payable.
(b) Reserve Fund. There is hereby
established and shall be maintained a
Regular Session, November 15, 1999
498
debt service reserve fund within the
Horizon/DuCarte T[F Account in the
amount of atleast$49,876. Such fund
shall be known as the Horizon/DuCarte
Reserve Fund (the "Reserve Fund").
Whenever the amount on deposit in the
Reserve Fund shall be not less 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 there shall be insufficient
amounts on deposit in the Sinking
Fund for such purpose. 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
Horizon/DuCarte T[F Account unfil it
shall have been restored to the
required minimum amount.
(c) Surplus Revenue. A~I revenues
thereafter remaining in the
Hodzon/DuCarte 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 loans,
moneys advanced to or indebtedness
incurred to finance or refinance in
whole or in part the project of the
Developer, as permitted by law, or may
be used to pay or redeem the Bonds or
for any other lawful purpose.
Moneys on hand in the Project Fund
and all of the funds provided by this
Section may be invested only in direct
ob[igafions of the United States
Government or deposited in financial
institutions which are members of the
Federal Deposit Insurance Corporation
("FDIC") and the deposits in which are
insured thereby and all such deposits
exceeding the maximum amount
insured from time to fime by FDIC or its
equivalent successor in any one
financial institution shall be
continuously secured by a valid pledge
of direct obligations of the United
States Government having an
equivalent market value. Alternatively,
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
Service or Standard & Poor's
Corporation at a rating classification
equal to or better than the rafing
carried by the Bonds or, in the case of
short-term obligations, a rating of MIG-
1, S&P-1 or better. All such interim
investments shall mature before the
date on which the moneys are required
for the purposes for which said fund
was created or otherwise as herein
but in no event maturing 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 Section; except the Sinking Fund
and the Reserve Fund shall be
maintained in a separate account but
may be invested in conjunction with
other funds of the City but designated
as a trust fund on the books and
records of the City.
All income dedved from such
investments shall be deposited in the
Horizon/DuCarte TIF Account and shall
be regarded as revenues thereof.
Such investments shall at any time
necessary be liquidated and the
thereof applied to the
purpose for which the respective fund
was created.
Section 17. Covenants Reoarding
~he Operation ofthe Proiect Ama. The
Issuer hereby covenants and agrees
with each and every holder of the
Bonds:
la) Maintenance in Forc.~ The
Issuer will maintain the Urban Renewal
Plan and the Ordinance in force and
will cause the incremental taxes from
the Development Property and
Minimum Improvements to be levied
annually in an amount not less 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 ResolulJon, the
Issuer may abate the levy of
incremental taxes in any year.
lb) Accounfina and Audit~ 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 Independent
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 dght to
inspect the Issuer's records, accounts
and data of the Issuer relating to the
499 Regular Session, November 15, 1999
Revenue Fund or the Hofizon/DuCarte
TIF Adcount.
(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) Amendments. The Issuer
reserves the dght 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 thereof have
any priority over the Bond.
Section 18. Remedies of
Bondholders. Except as herein
expressly limited the holder or holders
of the Bonds shall have and possess
all the fights 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 Pdor 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 of
the Horizon/DuCar~e TIF Account
having pdority over the Bond or
standing on a par'~ 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 written consent of the
Original Purchaser or other registered
holder of the Bond.
Section 20. Discharge and
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 Bond in any one or
more of the following ways:
(a) By paying the Bond when the same
shall become due and payable; or
(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 prior to maturity on a
designated date upon which said
obligations may be redeemed, all of
such obligafions outstanding at the
time, together with the interest thereon
to matudty 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 or provisions
shall have been made for such
publicafion.
Upon such payment or deposit of
money or securities, or both, in the
amount and manner provided by this
Section, all liability of the Issuer with
respect to the Bonds shall cease,
determine and be completely
discharged, and the holders thereof
sharl be enfifled 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 holdem of the
Bond, and after the issuance of any of
the Bond 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
succeeding Section, until such time as
all of the Bond, and interest due
thereon, shall have been satisfied and
discharged as provided in this
Resolution.
Section 22. Modification of
Resolution. This Resolution may be
emended from time to time if such
amendment shall have been consented
to by holders of not less than two-thirds
~n 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 if 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 maturffy
or interest rate of the Bonds, or modify
the terms of payment of principal of or
interest on the Bonds or any of them or
impose any conditions with respect to
such payment;
(b) Materially affect the dghts of the
holders of less than all of the Bonds
then outstanding; and
(c) Reduce the percentage of the
principal amount of Bonds, the consent
of the holders of which is required to
Reqular Session,
effect a further amendment.
Whenever the Issui~r shall propose
to amend this Resolution under the
provisions of this Section, it shall cause
notice of the proposed amendment to
be tiled with the Original Purchaser or
to be mailed by ceYdfied mail to any
other registered owner of the Bond as
shown by the records of the Registrar.
Such notice shalt set forth the nature of
the proposed amendment and shall
state that a copy of the proposed
amendatop/Resolution is on file in the
office of the CH Clerk`
Whenever at any time within one
year from the date of the mailing of
said notice there shall be tiled 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
amendatory 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 all of
the Bonds.
Any consent given by the holder of a
Bond pursuant to the provisions of this
Section shall be irrevocable for e
pedod of six months from the date of
the instrument evidencing such
consent and shall be conclusive and
binding upon ali future holders of the
same Bond during such period. Such
consent may be revoked at any time
after six months from the date of such
instrument by the holder who gave
such consent or by a successor in title
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
jurisdiction who by the laws thereof is
authorized to take acknowledgments of
deeds within such jurisdiction that the
person signing such instrument
acknowledged before him the
execution thereof, or may be proved by
an affidavit of a witness to such
execution sworn to before such of~cer.
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
November 15, 1999
500
the date therein mentioned such
had on deposit with such bank
or trust company the Bonds described
in such certificate.
Section 23. Severability. if any
section, paragraph, or provision of this
Resolution shall be held to be invalid or
unenforceable for any reason, the
invalidity or unenforceability of such
section, paragraph or provision shall
not..affect any of the remaining
Section 24. Reoeal of Conflictir~9
Ordinances or Resolutions and
Effective Date. AJI other ordinances,
resolutions 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
atter its adoption.
Passed and approved this 15th day
of November, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
BuoI moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
Proofs of publication certified to by
the Publisher on Notice of Heating on
Plans & Specs. and Notice to Bidders
on the Receipt of Bids for Demolition of
Building at 351 Iowa Street and City
Manager recommending to award
contract for project, presented and
read. Robbins moved that the proof
and communication be received and
filed. Seconded by Nicholson. Motion
carried 6-0.
RESOLUTION NO. 638-99
ADOPTING PLANS AND
SPECIFICATIONS
Whereas, on the 29th day of
October, 1999, plans, specifications,
form of contract and estimated cost
were filed with the City Clerk of
Dubuque, Iowa, for the demolition of
351 Iowa Street.
Whereas, notice of headng 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 plans, specifications, form
of contract and cost in the amount of
$30,248.00 are hereby approved for
said project.
Passed, approved and adopted this
15th day of November, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
50 ]_ Regular Session, November 15, 1999
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Mo'don carried 7-0.
RESOLUTION NO. 639-99
AWARDING CONTRACT
Whereas, sealed proposal have
been submitted by contractors for the
demolition of 351 Iowa Street and
notice to bidders has been published in
a newspaper published in the City of
Dubuque, iowa on the 29th day of
October, 1999; and
Whereas, said sealed proposal were
opened and read by the on the 9th day
of November, 1999 and it has been
determined that the bid of Tschiggfrie
Excavating Company in the amount of
Thirty thousand two hundred and forty
eight dollars ($30,248.88) was the
lowest bid for furnishing materials as
provided for in the plans and
specifications.
NOW THEREFORE, BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IQWA:
That the contract for the above
demolition be awarded to Tschiggfde
Excavating Company and the Manager
is hereby authorized to execute a
contract on behalf of the City of
Dubuque.
Passed, approved and adopted this
15th day of November, 1999.
Terrance M. Duggan, Mayor
Attest:. Mary A. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
Proofs of publication certified to by
the Publisher on Notice of Hearing on
Plans & Specs. and Notice to Bidders
on the Receipt of Bids for Constru~on
of Technology Park Maintenance
Project and City Manager
recommending to award contract for
project, presented and read. Buol
moved that the proof and
communica'don be received and filed.
Seconded by Nicholson. Motion
carried 6-0.
RESOLUTION NO. 640-99
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 27th day of
October, 1999, plans, specifications,
form of contract and estimated cost
were flied with the C~ Clerk of
Dubuque, Iowa for the Technology
Park Maintenance Project.
Whereas, notice of headng 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
15th day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 6-0.
RESOLUTION NO. 641-99
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
Dubuque Technology Park
Maintenance Project pursuant to
Resolution No. 620-99 and notice to
bidders published in a newspaper
published in the City of Dubuque, Iowa
on the 28th day of Qctober, 1999.
Whereas, said sealed proposals
were opened and read on the lOth day
of November, 1999, and it has been
determined that the bid of Tschiggfrie
Excavating Co. of Dubuque, Iowa, in
the amount of $30,045.25 was the
lowest bid for the furnishings of all
labor and materials and performing the
work as provided for in the plans and
specifications.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to Tschiggfrie
Excavating Co. and the Manager be
and is hereby directed to execute a
contract on behalf of the City of
Dubuque for the complete performance
of the work.
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
15th day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 6-0.
Proofs of publication certified to by
the Publisher on Notice of Hearing on
Regular Session, November 15, 1999
502
Plans & Specs. and Notice to Biddem
on the Receipt of Bids'for Construction
of Schmitt Harbor Boat Ramp Project
and City Manager recommending to
award contract for project, presented
and read.
RESOLUTION NO. 642-99
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 13th day of
October, 1999, plans, specifications,
form of contract and estimated cost
were flied with the City Clerk of
Dubuque, Iowa for the Schmitt Harbor
Boat Ramp Project.
Whereas, notice of headng 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
15th day of November, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Robbins moved adoption of the
Resolution. Seconded by Michalsld.
Motion carded 6-0.
RESOLUTION NO. 643-99
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
Schmitt Harbor Boat Ramp Project
pursuant to Resolution No. 590-99 and
notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the 29th day of
October, 1999.
Whereas, said sealed proposals
were opened and read on the 3rd day
of November, 1999, and it has been
determined that the bid of Tschiggfrie
Excavating Co. of Dubuque, Iowa, in
the amount of $96,343.25 was the
lowest bid for the furnishings of all
labor and materials and performing the
work as provided for in the plans and
specifications.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to Tschiggfde
Excavating Co. and the Manager be
and is hereby directed to execute a
contract on behalf of the 'City of
Dubuque for the complete performance
of the work.
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
15th day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Robbins moved adoption of the
Resolution. Seconded by Micha!ski.
Motion carried 6-0.
Council Member Voetberg entered
the Chambers at 7:34 P.M.
TABLED FROM MEETING OF
NOVEMBER 1. 1999
Buol moved that the following be
removed from the table. Seconded by
Michalski. Motion carried 6-0.
An Ordinance Amending Zoning Map
by reclass~ing property located in the
2900 block of Kane Street from ID
Institutional Distdct to PUD Planned
Unit Development Distdct with a PR
Planned Rssidential District
Regulations and adopting a Conceptual
Development Plan with conditions, for
Pine Knolls Condominiums (Boge),
with first and second readings given on
10-18-99, now presented for further
action.
Tom Welter, Ralph Schauer, David
Ross, KJm Pyle, Barb Becket, Jim
Sullivan, and Merle Langkamp
spoke questioning the possibility of this
development affecting the water runoff
in that area.
Dr. & Mrs. James A. Sullivan and
Norbert Steinhauser opposing any
add~onal water bdng run-off their
property on West 32nd St. and City
Manager recommending acceptance of
storm management plan as submitted
by Steven Boge of Kane Development
Corporation, presented and read. Buol
moved that the communications be
received and filed. Seconded by
Michatski. Motion carded 6-0.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 97-99
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE} OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
503 Regular Session, November 15, 1999
DESCRIBED PROPERTY LOCATED
IN TRE 2900 BLOCK OF KANE
STREET FROM ID INSTITUTIONAL
DISTRICT TO PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH A
PR PLANNED RESIDENTIAL
DISTRICT DESIGNATION AND
ADOPTING A CONCEPTUAL
DEVELOPMENT PLAN WITH
CONDITIONS, FOR PINE KNOLLS
CONDOMINIUMS.
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 ID
Institutional District to PUD Planned
Unit Development District with a PR
Planned Residential designation and
adop'dng a conceptual development
plan, a copy of which is attached to and
made a part hereof, for Pine Knoll
Condominiums as stated below, to wit:
Lot 1 of 1 of 3 and Lot 2 of 1 of 2 of 1 of
2 of 1 of 3, St. Mary's Place, andre 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 owner agrees to the fo,owing
conditions, ali of which the property
owners further agrees are reasonable
and imposed to satisfy the public needs
that are caused directly by the zoning
reclassiticafion:
A. Use Reaurafions
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) 52 condominium units in 2, 3 and
4 unit buildings [11]
2) AccessoPJ 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. ~t~
Development of land in the PUD
District shall be regulated as follows:
1) Ali mu~-family residential structures
in the Planned Residential
development shall be constructed in
substantial compliance with the
attached conceptual plan.
2) Maximum height shall be 30 feet
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) Erosion control devices shall be
provided dudng all phases of
construction of the Planned Residential
development.
2) Parking requirements for allowed
uses shall be as per the parking group
for the designated use, in accordance
with Secfion 4-2 of the Zoning
Ordinance.
3) Sidewalks shall be provided
adjoining all public streets and on the
internal private drive.
4) Storm water control facilities will be
installed as per City Engineering
requirements.
5) Final site development plans shall
be submffted in accordance with
Section 4-4 of the Zoning Ordinance
prior to construction of any buildings.
D. (~p~ Space and Recreational
Areas
Open space and landscaping in the
PUD District 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 Semen 8 of the Zoning
Ordinance, by the property owner
and/or association.
E. Sian Reaulafions.
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
regulafions of the Zoning Ordinance.
F. Trar~,~fer of OwnemhiD
Transfer of ownership or lease of
property in this PUD Distdct 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
District.
G. Reclassificafion of Subiect ProDerb/.
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.
H. Modifications.
Any modifications of this Ordinance
must be approved by the City Council
in accordance with zoning
reclassification proceedings of Section
Re.qular Session, November 15, 1999
5O4
6 of the Zoning Ordinaoce'
I. Recordiqq,
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 w~thin ten (10)
days after the adop~on of this
ordinance. This ordinance shall be
binding upon the undersigned and
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 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
15th day of November, 1999.
Torrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 97-99
I, Steven Boge, representing Kane
Development Corp., property owner,
having read the terms and conditions of
the foregoing Ordinance No. -99 and
being familiar with the conditions
thereof, hereby accept the same and
agree to the cond~ons required
therein.
Dated this 30th day of October,
1999.
By/s/Steven Boge,
Secretary/Treasurer
Kane Development Corporation
Published officially in the Telegraph
Herald newspaper this 22nd day of
November, 1999.
MaryA. Davis CMC, City Clerk
It 11/22
Buol moved final consideration and
passage of the Ordinance. Seconded
by Michalski. Motion carried 7-0.
Proof of publication certified to by
the Publisher on Notice of Public
Headng to reclassify property at
southwest comer of Old Highway Road
and Seippel Road from County R-1 to
City MHI and LI, concurrent with
annexation (Stewart); Pefition
containing 93 signatures objecting to
rezoning request; Joe & Enid Wysocki,
Gwen & Rudy Mulinnix, Pat & Sandi
Welsh and Janeil & Kevin Kotz
objecting to granting rezoning to
Stewart Construction; Communication
from Attorney Todd Stevenson, on
behalf of Wayne Stewart, requesting
that matter regarding rezoning of
property at southwest comer of Old
Highway Road and Seippel Road be
removed from the agenda, and the
Ordinance Amending Zoning Map by
reclassifying property located at
Southwest corner of Old Highway Road
and Seippel Road from Dubuque
' R-1 Rural Residential Distdct to
City's MHI Moderate Heavy
and LI Light Industrial
Districts, concurrent with annexation
(said matter denied by Zoning Advisory
Commission and then presented at
m. eeting of 10-18-99 with no readings
g~ven, presented and read. Buol moved
that they concur with the denial of
Zoning Advisory Comm. Seconded by
Nichdison. Motion carried 7-0.
Proof of publication cerdfied to by
the Pub sher on Notice of Public
: Headng to reclassify property at 3195
Jackson Street from C-2 to CS District,
Copies of letters to Mark Becket
expressing appreciation for improving
the property at 32nd and Jackson Sts;
Rezoding of property at 3195 Jackson
St. - Zoning Advisory Comm. advising
of their reconsideration taken at
previous meeting, therefore, if Council
agrees, motions should be Mofion "B"
and Motion "A," presented and read.
Voetberg moved that the proof and
communications be received and tiled.
Seconded by BuoL Motion carded 7-0.
Herbert Hoffman, David Frommelt
and Tom Jackson spoke endorsing the
project. Roger Gartner, Monica Ehlers,
and John Driscoll spoke objecting to
the rezoning. Mark Becket, owner of
the property, spoke defending the
objections raised.
An Ordinance Amending Zoning Map
by reclassifying property located at
3195 Jackson Street from C-2
Neighborhood Shopping Distdct to CS
Commercial Service and Wholesale
District, said Ordinance presented on
October 18 with no readings given, now
)resented for tinal action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 98-99
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 3195 JACKSON STREET FROM
C-2 NEIGHBORHOOD SHOPPING
_505 Regular Session, November 15, 1999
DISTRICT TO CS COMMERCIAL
SERVICE AND WHOLESALE
DISTRICT, WITH CONDITIONS.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Appendix A (The
Zoning Ordinance) of the City of
Dubuque Code of Ordinances is
hereby amended by reclassifying the
hereinafter described property from C-2
Neighborhood Shopping District to CS
Commercial Service and Wholesale
District, with conditions:
Lot I of the east 170 feet of Lot 322,
Lot 323 and Lot 324 in Davis Farm
Addition, 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.
Sec'don 3. This ordinance shall take
effect immediately upon publication, as
provided by law.
Passed, approved and adopted this
15th day of November, 1999.
Terrence M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 98-99
(I) Mark Becker, having read the
terms and conditions of the foregoing
Ordinance No. 98-99 and being familiar
with the conditions thereof, hereby
accept this same and agree to the
conditions required therein.
Dated in Dubuque, Iowa this 12th
day of November, 1999.
By: Is/Mark Becker
Published officially in the Telegraph
Herald newspaper this 22nd day of
November, 1999.
MaryA. Davis CMC, City Clerk
It 11/22
Voetberg 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 and further
moved final consideration and passage
of the Ordinance. Seconded by BuoL
Motion carried 7-0.
Proof of publication certified to by
the Publisher on Notice of Public
Headng to amend Sign Regulations for
City Code of Ordinances, presented
and read. Buol moved that the proof
be received and filed. Seconded by
Nicholson. Carded by the following
vote: Yeas--Buol, Duggan, Markham,
Nicholson, Robbins. Nays---Micha~ski,
Vaetberg.
Peg Hudson of Amedcan Trust
spoke requesting to erect free standing
signs at the new American Trust
building at 9th and Main Sts.
An Ordinance Amending Zoning
Ordinance by adopting a new Section
4-3.11 Schedule of Sign Regulations
for the C-4 Zoning District in lieu
thereof, pertaining to the On-Premise
Sign Regulations for Jackson Park
Historic District properties zoned C~4
Downtown Commercial District, with
first and second readings given on 10-
18-99, now presented for final addon.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 99-99
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
BY REPEALING SECTION 4-3.11
SCHEDULE OF SIGN REGULATIONS
FOR THE C-4 ZONING DISTRICT,
AND ADOPTING SECTION 4-3.11
SCHEDULE OF SIGN REGULATIONS
FOR THE C--4 ZONING DISTRICT IN
LIEU THEREOF, PERTAINING TO
THE ON-PREMISE SIGN
REGULATIONS FOR JACKSON
PARK HISTORIC DISTRICT
PROPERTIES ZONED C-4
DOWNTOWN COMMERCIAL
DISTRICT.
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 repealing 4-3.11 Schedule
of Sign Regulations for the C-4 Zoning
District, and adopting the following new
Section 4-3.11 Schedule of Sign
Regulations for the C-4 Zoning District,
in lieu thereof, On-premise Sign
Regulations for Jackson Park Distdct
properties zoned C-4 Downtown
Commercial District, as shown on
Exhibit A.
Section 2. This ordinance 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
15th day of November, 1999.
Terrance M. Duggan, Mayor
Reqular Session, November 15, 1999
Attest: Mary A. Davis, Qity Clerk
Published officially in the Telegraph
Herald newspaper this 22nd day of
November, 1999.
Mary A. Davis CMC, City Clerk
It 11/22
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 and moved final
consideration and passage of the
Ordinance. Seconded by Nicholson.
Carded by the following vote:
Yeas--Duggan, Buol, Markham,
Nicholson, Robbins. Nays--Michalski,
Voetberg.
Nicholson moved to reinstate the
rule limiting the discussion to Council
Seconded by Buol. Motion carded 7-0.
City Manager recommending
approval of Ordinance regarding
"Requirements for Vehictes Hauling
Solid Waste," presented and read.
Michalski moved that the
communication be received and flied.
Seconded by Nichoison. Motion
carded 7-0.
An Ordinance Amending Chapter 40
of City Code and adding a new
paragraph thereto regarding
"Requirements for Vehicles hauling
Solid Waste," presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 100-99
AN ORDINANCE AMENDING
CHAPTER 40 SOLID WASTE OF THE
CITY OF DUBUQUE CODE OF
ORDINANCES BY AMENDING
SECTION 40~22 REQUIREMENTS
FOR VEHICLES HAULING SOLID
WASTE BY DELETING PARAGRAPH
(a) AND BY ADDING THERETO A
NEW PARAGRAPH (a).
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, iOWA:
Section 1. Section 40-22 (a) of the
C~ of Dubuque Code of Ordinances is
hereby amended to read as follows:
(a) No person shall haul any solid
waste upon the streets, alleys or public
places of the City unJess the vehicles
used for such purpose is so
constructed or leaded or the load
securely covered as to prevent any of
its Joad from dropping, sifting, leaking,
or otherwise escaping or its load
covedng from dropping from the
506
vehicle, except that materials may be
dropped for the purpose of securing
traction, or water or other substances
may be applied on a roadway in
cleaning or maintaining such roadway.
Section 2. This Ordinance shall take
effect December 1, 1999.
Terranca M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 22nd day of
November, 1999.
It 11/22Mary A. Davis CMC, C~' Clerk
Michalski 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
be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Nichoison. Motion carded 7-0.
City Manager recommending
amendments to Heating, Ventilating
and Air Conditioning (Mechanical
Code) Ordinance, presented and read.
Buol moved that the communication be
received and tiled. Seconded by
Nicholson. Motion carded 7-0.
An Ordinance Enacting a new
Section 24-1 of City Code pertaining to
revising and reenacting a Mechanical
Code for City of Dubuque and providing
for issuance of permits and collection
fees therefor, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 10%99
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA BE AMENDED
BY REPEALING SECTION 24-1
THEREOF AND ENACTING A NEW
SECTION 24-1 THEREOF
PERTAINING TO REVISING AND
REENACTING A MECHANICAL
CODE FORTHE CITY OF DUBUQUE,
IOWA AND PROVIDING FOR THE
ISSUANCE OF PERMITS AND
COLLECTION OF FEES THEREFOR.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Section 24-1 of the
Code of Ordinances of the City of
Dubuque, Iowa be amended by
repealing Section 24-1 and enacting a
new Section 24-1 in lieu thereof:
Section 24-1
Except as hereinafter added to,
507 Regular Session, November 15, 1999
deleted, modified or amended, there is
hereb~ adopted by reference as the
mechanical code of the City that certain
mechanical code known as the
"Uniform Mechanical Code", 1997
Edition, including the 1997 Mechanical
Code Appendices ss prepared and
edited by the International Conference
of Building Officials of Whittier,
California, and the provisions of such
mechanical code shall be controlling
for the installation, maintenance and
use of heating, ventilating, cooling,
refrigeration systems, incinerators and
other miscellaneous heat-producing
appliances within the corporate limits of
the City and shall be known as the
"Dubuque Mechanical Code". A copy of
the Uniform Mechanical Code, 1997
Edition, as adopted, shall be on file in
the office of the City Clerk for public
inspection.
Section 2. That Section 24-2 ofthe
Code of Ordinances of the City of
Dubuque, Iowa be amended by
amending Section 24-2 as follows:
Section 203 is hereby amended by
adding the definition of Approved
Qualified Welder.
Section 203 -- Approved Qualified
Welder- A person who specializes in
we[ding of pipes and holds a valid
cer'dficate of competency from a
recognized testing laboratory, based on
the requirements of the A.S.M.E. Boiler
and Pressure Vessels Code, Section iX
or as approved by the administrative
authodty's testing procedures.
Section 3. When Effective. This
Ordinance shall take effect immediately
upon publication as provided by law.
Passed, approved and adopted this
15th day of November, 1999.
Terrence M. Duggan, Mayor
Attest: MaP/A: Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 22nd day of
December, 1999.
Attest: Mary A: Davis, City Clerk
It 11/22
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 and further
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.
City Manager recommending
approval of amended city Plumbing
Ordinance as presented, presented
and read. Buol moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carded 7-0.
An Ordinance Enacting a new
Section 37-1 of the City Code of
Ordinances pertaining to revised and
reenacting a plumbing code for the City
and providing for issuance of permits
and collection fees therefor, presented
and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 102-99
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA BE AMENDED
BY REPEALING SECTION 37-1
THEREOF AND ENACTING A NEW
SECTION 37-1 THEREOF
PERTAINING TO REVISING AND
REENACTING A PLUMBING CODE
FOR THE CITY OF DUBUQUE, IOWA
AND PROVIDING FOR THE
ISSUANCE OF PERMITS AND
COLLECTION OF FEES THEREFOR,
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Section 37-1 of the
Code of Ordinances of the City of
Dubuque, iowa be amended by
repealing Section 37-1 and enacting a
new Section 37-1 in lieu thereof:
Section 37-1
Except as hereinafter added to,
deleted, modified or amended, there is
hereby adopted by reference as the
plumbing code of the City that certain
plumbing code known as the "Uniform
Plumbing Code", 1997 Edition,
including all appendices and
installation standards as prepared and
edited by the International Association
of Plumbing and Mechanical Officials of
Walnut, California, and the provisions
of such plumbing code shall be
controlling for the installation,
alteration, repair, relocation,
replacement, addition to and use or
maintenance of plumbing equipment
and systems in all matters covered by
such plumbing code within the
corporate limits of the City and shall be
known as the "Dubuque Plumbing
Code". A copy of the Uniform Plumbing
Code, 1997 Edition, as adopted, shall
be on file in the office of the C~.'y Clerk
for public inspection.
Section 2. That Section 37-2 of the
Re.qular Session, November 15, 1999
508
Code of Ordinances of the City of
Dubuque, Iowa be' amended by
amending Section 37-2 as follows:
Section 225 is hereby amended by
repealing the definition of Welder, Pipe
and enacting a new definition of
Welder, Pipe in lieu thereof:
Section 225--Welder' Pipe - A
person who specializes in welding of
pipes and holds a valid cat'cate of
competency from a recognized testing
laboratory, based on the requirements
of the A.S.ME. Boiler and Pressure
Vessels Code, Section IX or as
approved by the administrafive
authority's tesfing procedures.
Section 316.1.6 is hereby amended
by repealing Section 316.1.6 and
enacting a new Section 316.1.6 in lieu
thereof:
Section 316.1.6 Brazing and
Welding. Brazing and welding shall
conform to the applicable standard(s)
in Table 14-1. All brazing on medical
gas systems shall be performed by
certified installers meeting the
requirements of the plumbing board.
Section 3. When Effective. This
Ordinance shall take effect itnmediately
upon publicafion as provided by law.
Passed, approved and adopted this
15th day of November, 1999.
Torrance M. Duggan, Mayor
Attest:. Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 22nd day of
November, 1999.
Attest:. Mary A. Davis, City Clerk
It 11/22
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 and moved final
consideration and passage of the
Ordinance. Seconded by Nicholson.
Motion carried 7-0.
City Manager recemmending
Flexsteel Inc. be authorized to
construct underground spdnkJer system
on their property on Jackson St.,
presented and read. Markham moved
that the communication be received
and filed. Seconded by Voetberg.
Motion carried 7-0.
An Ordinance Authorizing Flexsteel
Inc. to construct underground sprinkler
system at 3400 Jackson St., presented
and read.
ORDINANCE NO. 103-99
AN ORDINANCE AUTHORIZING
FLEXSTEEL INDUSTRIES, INC. TO
CONSTRUCT AND MAINTAIN A
SPRINKLER SYSTEM AT 3400
JACKSON STREET
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Flexsteel Industries,
lnc. as the owner of the premises
known as 3400 Jackson Street,
Dubuque, Iowa, and legally described
as Lot 1; Great Western, Sub. ¢f~2 be
and they are hereby granted the
revocable permit and authority to
construct and maintain a sprinkler
under the terms and conditions set
forth in this Ordinance.
Section 2. That such construction
shall be done in accordance with plans
heretofore submitted by permittaes and
approved by the City Manager, under
the supe~sion 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 cond~oned
on permittees' agreement to:
a. Assume any and all liability for
damages to persons or property which
may result from the existence, locafion,
installation, constru~on or
maintenance of said sprinkler; and
b. Procure and maintain in force
dudng the term of this permit a policy of
liability insurance as set forth in the
attached insurance Schedule; and
c. Pay on behalf 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 sprinkler
sustained by any person or pereons,
caused by accident or otherwise to
defend at ~ 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
sprinkler 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
conne~on with the location,
installation, construction, maintenance
509 Regular Session, November 15, 1999
and [epair of the facility, work or
improvement permitted herein.
Section 4. That the permission
herein granted is expressly conditioned
upon permittess' 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 sprinkler and in
the event of their failure to do so, the
City of Dubuque shall be authorized to
remove said sprinkler at permittess'
expense and dispose of the same, and
the permittee shall have no claim
against the City or its agents for
damages resurdng from the removal of
said sprinkler.
Section 5. That permittess covenant
and agree that the revocable permit
herein granted does not constitute an
approval of the design, erection,
location, construction, repair or
maintenance of said facility and said
permittees hereby covenant and agree
not to assert such claim or defense
against the City of Dubuque in the
event of claim asserted for death,
personal injuries and/or property
damage against the permit'tess arising
out of or in any way connected with the
location, installation, construction,
design, repair and maintenance of the
taci[ity herein permitted.
Section 6. This Ordinance shall
become effective and the rights
hereunder accrue to Flexsteel
Industries, Inc. when this Ordinance
has been adopted by the City Council
and the terms and condi'dons thereof
accepted by permittess by acceptance
endorsed on this Ordinance.
Section 7. That the City Clerk be
and she is authorized 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 November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 103-99
The undersigned having read and
being familiar with the terms and
conditions of Ordinance No. 103-99,
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 performed by
permittees.
By: Patrick M. Crahan
Title: Vice President
Dated: November 1, 1999
Published officially in the Telegraph
Herald newspaper this 22nd day of
November, 1999.
Mary A~ Davis CMC, City Clerk
It II22
Markham 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 and moved final
consideration and passage of the
Ordinance. Seconded by Voetberg.
Motion carried 7-0.
City Manager recommending Mike
Schmalz Jr. be allowed to bury wires at
2001 Alta Vista St., presented and
read. Robbins moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
An Ordinance Authorizing Mike
Schmalz Jr. to bury wires at 2001 AJta
V'sta St, presented and read. Robbins
moved that the requirement that a
proposed Ordinance be considered
and voted on for passage at two
Council Meetings pdor to the mee~ng
at which it is to be finally passed be
suspended and moved final
consideration and passage of the
Ordinance. Seconded by Nicholson.
Motion carded 7-0.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 104-99
AN ORDINANCE AUTHORIZING
MIKE SCHMALZ, JR. TO
CONSTRUCT BURIED WIRES
NOW THEREFORE, BE iT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Mike Schmalz, Jr.
as the owner of the premises known as
2001 Alta Vista, Dubuque, Iowa, and
legally described as Lot 14, 15, and the
S5' of Lot 16 Woods Add., A.P. Woods
Add N. 45' of Lot 16, and A.P. Woods
Add. S 1/~ of Lot 17 be and they are
hereby granted the revocable permit
and authority to construct and maintain
buded wires under the terms and
conditions set forfh in this Ordinance.
Section 2. That such construction
shall be done in accordance with plans
heretofore submitted by permittees and
approved by the City Manager, under
the supervision and direction of the City
Reqular Session,
Manager, and in accordance with all
applicable state and f~deral laws and
regulations, and the Ordinances of the
City of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
on permJttees' agreement to:
a. Assume any and all liabil~ for
damages to persons or property which
may result from the existence,
installation, construction or
maintenance of said buded wirss; 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 behalf 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 buried wires
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 buded
wires 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
~hitd 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 conditioned
upon perm/ttees' further agreement that
should the right and privilege herein
granted be rescinded or revoked by the
City Council, perm[trees, or their
successors in interest, as owners of the
abu~ng property, shall within ten (10)
days after receipt of wdtten notice from
the City Manager, so to do, at their own
expense, remove said buried wires and
in the event of their failure to do so, the
City of Dubuque shall be authorized to
remove said buded wires at permittees'
expense and dispose of the same, and
the permittee shall have no claim
against the City or its agents for
damages resuming from the removal of
said buded wires.
Section 5. That permit'tees covenant
November15,1999
510
and agree that the revocable permit
herein granted does not constitute an
approval of the design, erection,
location, construction, repair or
maintenance of said facility and said
permAees hereby covenant and agree
not to assert such claim or defense
against the City of Dubuque in the
event of claim asserted for death,
injudes 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
facility herein perm~ed.
Section 6. This Ordinance shall
become effective and the rights
hereunder accrue to Mike Schmalz, Jr.
when this Ordinance has been adopted
by the City Council and the terms and
conditions thereof accepted by
by acceptance endorsed on
this Ordinance.
Section 7. That the City Clerk be
and she is authorized and directed to
file at permittees' expense a copy of
this ordinance in the Oftice of the
Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this
15th day of Novembec 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 103-99
The undersigned having read and
being familiar with the terms and
cond~ons of Ordinance No. 103-99,
hereby, for themseh/es, their
successors or assigns, as owners of
the abut'ring property, accept the same
and agree to be bound by the
conditions and agreements therein
contained to be performed by
By: Michael R. Schmalz, Jr.
T~e: Homeowner
Dated: November 3, 1999
Published officially in the Telegraph
Herald newspaper this 22nd day of
November, 1999.
MaryA. Davis CMC, City Clerk
It 11/'22
Robbins 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
be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
City Manager recommending to
purchase property at 301 Main Street
511 Regular Session, November 15, 1999
(former Army Surplus Building) from
Dubuque Initiatives in the amount of
$107,133, presented and read.
Voetberg moved that the
communication be received and filed
and recommendation approved.
Seconded by Nicho[son. Motion
carried 7-0.
City Manager recommending the
selection of Vedi Associates and I[W
Engineers be selected for design of the
new Parking Ramp at Third & Iowa
Streets in total amount of $275,500.00,
presented and read. Voetberg moved
that the communication be received
and filed and recommendation
approved. Seconded by Robbins.
Motion carded 7-0.
City Manager recommending
reconstrdc'don of street at Alpha & Van
Buren as exists without any
realignment of stop signs, presented
and read. Buol moved that the
communication be received and tiled
and recommendation approved.
Seconded by Nicholson. Motion
carded 7-0.
Robert Remakel spoke requesting
that they don't narrow the Street at the
intersection.
City Manager recommending
approval on the appointment of a Cable
Franchise Renewal Negotiating Team
for cable franchise renewal with AT&T
Cable Services, presented and read.
Voetberg moved that the
communication be received and tiled
and recommendation approved.
Seconded by Michalski. Motion carded
7-0.
Zoning Advisory Commission
advising of their approval to reclassify
property opposite of Red Violet Ddve
from AG to R-1 Distdct as requested by
QHQ Development/Ken Moore
Construction, presented and read.
Voetberg moved that the
communication be received and filed.
Seconded by Buol. Motion carded 7-0.
An Ordinance Amending Zoning
Map by rediassify[ng East part of Phase
t Sunny Slope Estates opposite of Red
Violet Ddve from AG Agricultural
Distdct to R-1 Single-Family
Residential District, presented and
read. Michalski 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 and further
moved that a Public Headng be held on
the proposed Ordinance on the 6th day
of December, 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 Buol.
Motion carried 7-0.
Zoning Advisory Commission
advising of their approval to reclassify
property at 14986 Old Highway Road
from AG to R-1 Distdct as requested by
City of Dubuque, presented and read.
Markham moved that the
communication be received and filed.
Seconded by Buol. Motion carded 7-0.
An Ordinance Amending Zoning Map
by reclassifying recently annexed
property at 14986 Old Highway Road
from AG Agricultural District to R-1
Single-Family Residential District,
presented and read. Markham 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 and
further moved that a Public Hearing be
held on the proposed Ordinance on the
6th day of December 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 Motion carded 7-0.
Zoning Advisory Commission
advising of their approval to reclassify
properties at 12155, 12101, and 12033
Cousins Road from AG to R-1 District
as requested by City of Dubuque,
presented and read. Buol moved that
the communication be received and
tiled. Seconded by Markham. Motion
carded 7-0.
An Ordinance Amending Zoning Map
by reclassifying recently annexed
properties, at 12155, 12101 and 12033
Cousins Road from AG Agricultural
District to R-1 Single-Family
Residential District, presented and
read. Buo[ 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 and further
moved that a Public Headng be held on
the proposed Ordinance on the 6th
day of December, 1999 at 7:00 p.m. in
the Public Library Auditorium and that
the City Clerk publish notice in the
Regu ar Session~ November 15~ 1999 51 ?
manner prescribed by.law. Seconded
by Markham. Motion carried 7-0.
Zoning Advisory Commissio~
advising of their approval to reclassify
properties west of the
Artedai along Highway 20, Westside
Court, Radford Road and Old Highway
Road, presented and read. Buol
moved that the communica~on be
received and fi[ed. Seconded by
Markham. Motion carried 7-0.
An Orolnance Amending Zoning Map
by reclass~:ying recently annexed
above properties into the Cb from AG
Agricultural District to R-1 Single-
Family Residential, R-3
Density MuM-Family Residential
District, C-3 General Commercial
District, CS Commercial Service and
Wholesale District, and PUD Planned
Unit Development with a PR Planned
Residential designation, presented and
read. Buol movedthatthe 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 tinaliy
passed be suspended and further
moved that a Public Headng be held on
the proposed Ordinance on the 6th day
of December, 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
Markham. Motion carried 7-0.
City Manager submitting documents
providing for construddon of Highway
20 Landscape Design Bid Package #1.
presented and read. Michalski moved
that the communication be received
and tiled. Seconded by Voetberg.
Motion carried 7-0.
RESOLUTION NO. 644-99
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans,
spechlcatlons, form of contract and
estimated cost for the HIGHWAY 20
LANDSCAPE DESIGN PACKAGE #1,
in the estimated amount of $450,000,
?re hereby approved and ordered tiled
in the office of the City Clerk, for public
inspeddon.
Passed, approved and adopted this
15th day of November, 1999.
Torrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
MichalskJ moved adoption of the
Resolution. Seconded by Voetberg.
Motion carded 7-0.
RESOLUTION NO. 645-99
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, specifcations, and form of
contract and placed same on ife in the
office of the City Clerk for public
inspection of the HIGHWAY 20
LANDSCAPE DESIGN BID PACKAGE
#1 PROJECT.
NOW, THEREFORE, BE IT
RESOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA,
that on the 20th day of December,
999, a public headng will be held at
:30 p.m. in the Public Library
uditodum, at which time interested
may appear and be heard for
or against the proposed plans and
specifications, form of contract and
cost of said improvement, and the C~y
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 fixed for its consideration. At the
hearing, any interested person may
appear and tile objections to the
proposed plans, specifcations,
or estimated cost of the
Improvement.
Passed, approved and adopted this
15th day of November, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Voetberg.
Motion carried 7-0.
RESOLUTION NO. 646-99
ORDERING BIDS
BE IT RESOLVED BY THE
COUNCIL OF THE CITY
DUBUQUE, IOWA:
That the HIGHVVAY 20 LANDSCAPE
DESIGN BID PACKAGE #1 PROJECT
is hereby ordered to be advertised 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
of the notice to bidders
hereby approved as a par~ cf the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to adver~se for bids for the construction
513 Regular Session, November 15, 1999
of th9 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
twenty days pdor to the receipt of said
bids at 2:00 p.m. on the 7th day of
December, 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 6:30 p.m. on the 20th day
of December, 1999.
Passed, approved and adopted this
15th day of November, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Voetberg.
Motion carried 7-0.
City Manager requesting public
hearing be set for December 6th to
consider a public hearing on issuance
of $3,100,000 Urban Renewal Tax
Increment Revenue Bonds for
expansion of the Fifth Street Parking
Ramp, presented and read. Voetberg
moved that the communication be
received and filed. Seconded by
Robbins. Motion carded 7-0.
RESOLUTION NO. 647-99
RESOLUTION FIXING DATE FOR A
MEETING ON THE PROPOSITION OF
THE iSSUANCE OF $3,100,000
URBAN RENEWAL TAX INCREMENT
REVENUE BONDS OF DUBUQUE,
IOWA, AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary
and advisable that the City of Dubuque,
Iowa, should issue Urban Renewal Tax
Increment Revenue Bonds to the
amount of $3,100,000 as authorized by
Section 403.9 of the Code of iowa, for
the purpose of providing funds to pay
costs of caring out a project as
hereinafter described; and
Whereas, Section 403.9 sets forth
the procedural action required to be
taken before said Urban Renewa~ Tax
Increment Revenue Bonds may be
issued, and it is therefore necessary
that the action hereinafter described be
taken and that the Clerk publish a
notice of the proposal and of the time
and place of the meeting at which the
Council proposes to take action
thereon and to receive ora[ and/or
written objections from any resident or
property owner of said City to such
action.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Sec'don 1. That this Council meet in
the Auditorium, Carnegie-Stout Public
Library, Dubuque, Iowa, at 7:00 o'clock
P.M., on the 6th day of December,
1999, for the purpose of taking action
on the matter of the issuance of
$3,100,000 Urban Renewal Tax
Increment Revenues Bonds, the
~rocaeds of which will be used to
)rovide funds to pay costs of aiding in
the planning, undertaking and carrying
out of urban renewal projec~ activities
under the authority of Chapter 403 of
the Code of Iowa and the Amended
and Restated Urban Renewal Plan for
the Downtown Dubuque Urban
Renewal District, including but not
limited to the construction of additional
levels of parking spaces and expansion
of the structured parking facility located
on Iowa Street between Fifth and Sixth
Streets.
Section 2. That the Clerk is hereby
directed to cause at least one
)ublication to be made of a notice of
said meeting, in a legal newspaper,
)rinted wholly in the English language,
)ublished at least once weekly, and
having general circulation in said City,
said publication to be not less than four
clear days nor more than twenty days
before the date of said public meeting
on the issuance of said obligations.
Section 3. The notice of the
proposed action to issue said Urban
Renewal Tax Increment Revenue
Bonds shall be in substantially the
following form:
qOTICE OF MEETING OF THE
COUNCIL OF THE CITY OF
DUBUQUE, IOWA, ON THE MATTER
OF THE PROPOSED ISSUANCE OF
$3,100,000 URBAN RENEWAL TAX
INCREMENT REVENUE BONDS OF
SAID CITY, AND THE HEARING ON
THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby given
that the Council of the City' of Dubuque,
Iowa, will hold a public hearing on the
6th day of December, 1999, at 7:00
o'clock P.M. in the Auditorium,
Carnegie-Stout Public Ubrary,
Dubuque, Iowa, at which meeting the
Council proposes to take additional
action for the issuance of $3,100,000
Urban Renewal Tax Increment
Revenue Bonds in order to provide
funds to pay costs of aiding in the
planning, undertaking and caring out
of urban renewal project activities
under the authority of Chapter 403 of
the Code of Iowa and the Amended
and Restated Urban Renewal Plan for
the Downtown Dubuque Urban
7enewal District, including but net
Regular Session,
limited to the construction of additienal
levels of parking spaces and expansion
of the structured parking facility located
on Iowa Street between Fifth and Six
Streets.
At the above meeting the Council
shall receive oral or written objections
from any resident or property owner of
said City to the above action. After ali
objections have been received and
considered, the Council will at this
meeting or at any adjournment the
take additional action for the issuance
of said Urban Renewal Tax Increment
Revenue Bonds or will abandon the
proposal to issue said obligations.
Said headng and appeals therefrorr
shall be held in accordance with and
governed by the provisions of Section
403.9 of the Code of Iowa.
This notice is given by order of the
Council of Dubuque, Iowa as provided
by Section 403.9 of the Code of Iowa.
Code Section 403.9 shall govern this
meeting and action taken thereat.
Dated this 15th day of November,
1999.
Mary A. Davis
City Clerk of Dubuque, Iowa
(End of Notice)
Passed and approved this 15th day
of November, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
Cb Manager recommending public
hearing be set for December 20, 1999
to consider disposing of Lot 9
{Merchant Hotel site) (and option for
Lot 10 "Dolan's Building") to Dubuque
Area Chamber of Commerce,
presented and read. Voetberg moved
that the communication be received
and tiled. Seconded by Buol. Motion
carded 7-0.
RESOLUTION NO. 648-99
RESOLUTION (1) APPROVING THE
MINIMUM REQUIREMENTS,
COMPETITIVE CRITERIA, OFFERING
PROCEDURES FOR DISPOSITION
OF CERTAIN URBAN RENEWAL
PROPERTY; (2) DETERMINING THAT
THE PROPOSAL SUBMITTED BY
DUBUQUE AREA CHAMBER OF
COMMERCE SATISFIES THE
OFFERING REQUIREMENTS AND
DECLARING THE INTENT OF THE
CITY TO ENTER INTO THE
DEVELOPMENT AGREEMENT WITH
DUBUQUE AREA CHAMBER OF
November 15~ 1999
514
COMMERCE IN THE EVENT THAT
NO COMPETING PROPOSALS ARE
SUBMITTED; AND (3) SOLICITING
COMPETING PROPOSALS.
Whereas, the City of Dubuque, Iowa,
did on November 17, 1997, adopt an
Amended and Restated Urban
Renewal Plan for the Downtown
Dubuque Urban Renewal Distdct (the
"Plan") for the urban renewal area
described therein; and
Whereas, such Plan provides for,
among other things, the disposition of
properties for private development
purposes as a proposed economic
development action; and
Whereas, the Dubuque Area
Chamber of Commerce ("Developer")
has submitted to the City a specific
proposal for the acquisition of certain
property hereinafter described for the
development of an office building,
together with the request that this
property be made available for
disposition as rapidly as possible; and
Whereas, In order to establish
reasonably competitive bidding
for disposition of the
property in accordance with the
statutory requirements of Chapter 403,
Code of Iowa, 1999, par~culady
Section 403.8, and to assure that the
C~y extends a full and fair opportunity
to all developem interested in
submitting a proposal, a summary of
submission requirements and minimum
requirements and competYdve criteria
for the property offering has been
prepared and is attached hereto as
Exhibit "A" and by this reference is
m~.de a part hereof, which sets out the
minimum requirements each proposal
must satisfy in order to qualify for
consideration with respect to the
competitive c~teria, the information and
documents which must be submitted,
and the schedule for submission and
competitive bid-off procedures; and
Whereas, said Developer has
tendered a Development Agreement
with the City, attached hereto as Exhibit
"B", which proposes the development
of an office building on this property;
and
Whereas, to recognize both the tirm
proposal for disposition of the property
already received by the City, as
described above, and to give full and'
fair opportun~ to other developers
interested in submitting a proposal for
development of the property, this
Council should by this Resolstion:
1) Set the Fair Market Value of the
parcel as determined by an
independent appraiser for uses in
5[.5 Regular Session, November 15, 1999
accordance with the Urban Renewal
Plan;
2) Approve the Guidelines for
Developers for the Downtown Dubuque
Urban Renewal District for submission
of proposals for the purchase and
development of the property and the
minimum requirements and compe~ve
criteria attached hereto as Exhibit "A";
3) Approve as to form the Developer's
proposed Development Agreement
attached hereto as Exhibit "B";
4) Set a date for receipt o~ competing
proposals and the opening thereof;
establish a procedure for each
proponent to better its proposal and set
a cutoff time for such modification; and
provide for review of such proposals
with recommendations to this Council
in accordance with established
procedures;
5) Declare that the proposal submitted
by Developer satisfies the
requirements of the offering, and that in
the event no other qualified proposal is
timely submitted that the City intends to
accept such proposal and enter into the
Development Agreement and direct
publication of notice of said intent;
6) Approve and direct publication of a
notice to advise any would be
competitors of the opportunity to
compete for purchase of the property
for development on the terms and
cond~ons set out above;
7) Declare that in the event another
qualified proposal is timely submitted
and accepted, another and future
notice will be published on the intent of
the City to enter into the resulting
contract, as required by law; and
Whereas, this Council believes it is
in the best interest of the City and the
Plan to act as expedifiouely as possible
to offer this property for development
as set forth herein.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the following
described property shall be offered for
development in accordance with the
terms and conditions contained in this
Resolution, to wit:
Lot 9 (and Lot 10 if purchase option is
exercised) Original Town in the City of
Dubuque, Dubuque County, Iowa.
Section 2. That the Fair Market
Value of the property shall be
$73,000.00 for Lot 9 and $99,000.00
for Lot 10.
Section 3. That it is hereby
determined that in order to qualify for
consideration for selection each
Developer must submit a proposal
which meets these minimum
requirements:
a) Contains an agreement to acquire
the property at not less than the Fair
Market Value for use in accordance
with the Plan;
b) Is for the development of the
property for use by expanding and new
businesses in conformance with the
Plan;
c) includes a construction schedule
in which the construction of at least
three (3) stories above Main Street
grade containing not less than 22,000
square feet of floor space on Lot 9
Odginal Town and optionel access
drive to City parking ramp or surface
parking lot on Lot 10 Odginal Town,
with facade connecting Lot 10 to
adjacent buildings to maintain a
continuous streetscape facade along
the east face of the 300 Block of Main
Street, is substantially complete within
eighteen (18) months of a dosing date;
d) Sets out or provides through
other means acceptable to the City the
proposed developer's experience in
working with other development
projects and with construction; and
e) Sets out or provides through
other means acceptable to the City the
experience of the principals and key
staff who are directly engaged in
performance of contract obligations in
carrying out projects of similar scale
and character.
Section 4. That it is hereby
determined that each proposal which
satisfies the minimum requirements, as
determined by the City, shall be
reviewed on the basis of the strength of
such proposal as judged by the
following competitive criteria:
a) Quality ofthe proposal
1) The overall cost of the project;
and
2) The types of materials shown for
construction of the structure.
b) Architectural design of the proposed
development
1) Compatibility of the design with
surrounding structures, vistas,
vehicular activities and future
development of adjacent property;
2) The functional design of the site,
structure and ail public spaces; and
3) The aesthetic quality of the
development.
c) Economic feasibility of the proposed
development '
1) The economic return to the
community provided by the proposed
development including, but not limited
to the property and sales tax
generated, the potenfia for job creation
Reqular Session, November 15, 1999
516
and the encourageme0t of similar and
related development in the urban
renewal district; and
2) The ability of the prospecfive
developer to finance and complete the
project as proposed.
Section 5. That the proposed
Development Agreement by and
between the City and Developer be and
is hereby approved as to form for the
purposes hereinafter stated.
Section 6. That for the purpose of
defining the offering of the property for
development, said Development
Agreement shall be deemed to be
illustrative of the terms acceptable to
the City with respect to:
a) Purchase pdce;
b) Conveyance of properly;
c) Required minimum improvements;
d) 'l~ming of improvements;
e) City par~cipafion;
f) Covenants;
g) Events of Default and Remedies;
and
h) General terms and provisions
provided, however, that each
competing proposal and contract shall
be portaged to:
a) Devise and report its own design for
development so long as the minimum
requirements set out in Exhibit "A" are
met;
b) Devise and report its own method
and sources of financing, so long as
such proposal is sufficient to assure
financing of the project in a timely
manner; and
c) Allow taking possession of the
property to be delayed for up to six (6)
months after the execution of the
contract
No other substantive deviations will be
permitted.
Section 7. That the proposed
Development Agreement submitted by
the Developer satisfies the
requirements of the offering and, in the
event that no other qualified proposals
are timely submitted, that the City enter
into said Agreement is hereby
accepted and approved.
Section 8. That it is hereby
determined that the Developer
possesses the qualifications, financial
resources and legal ability necessary to
acquire and develop the property in the
manner proposed by this offering in
accordance with the Plan.
Section 9. That it is hereby
determined that the disposition price for
the property offered to the Developer
shall be in the amount of the Fair
Market Value as established by this
CouneJl for uses in accordance with the
Plan.
Section 10. That the City Clerk shall
receive and retain for public
examination the attached Development
Agreement submitted by the Developer
and, n the event no other qualified
proposals are timely submitted, shall
resubmit the same to this Council for
final approval and execution upon
expiration of the notice hereinafter
prescribed.
Section 11. That the action of this
Council be considered to be and does
hereby cons~tute notice to all
concerned of the intention of this
Council, in the event that no other
qualified proposals are timely
subm~ed, to accept the proposal of the
Developer to acquire and develop the
property and to enter into the
Development Agreement by and
between City and Developer.
Se~on 12. That the official notice of
this offedng and of the intent of the
City, in the event no other qualified
proposals are fimely submitted, to enter
into said Development Agreement,
shall be a true copy of this Resolution,
but without the attachments referred to
herein.
Section 13. That the City Clerk is
authorized and directed to secure
immediate publication of said official
notice in the Teleerach Herald, a
newspaper having a general circulation
in the community, by publication of the
text of this Resolution without
attachments on or before the 18th day
of November, 1999.
Section 14. That wdtten proposals
for the sale and development of the
property will be received by the City
Clerk at or before 10:00 a.m.,
December 20, 1999 in the Office of the
City Clerk, located on the first floor at
City Hall, Dubuque, Iowa 52001. Each
proposal will be opened at the hour of
10:00 a.m. in City Hall, Dubuque, Iowa
on December 20, 1999. Said
proposals ',Mil then be presented to the
City Council at 6:30 p.m., December
20, 1999, at a meeting to be held in the
Auditorium of the Carnegie-Stout
Public Library, Dubuque, Iowa.
Section 15. That such offering shall
be in substantial conformance with the
provisions of Section 403.8, Code of'
IgW~, requiring "reasonable competifive
bidding procedures" as are hereby
prescribed which method is hereby
determined to be the appropriate
method for making the Property
available for development
Section 16. That the r~quired
documents for the submission of a
5~_7 Regular Session, November 15, 1999
proposal shall be in substantial
conformity with the provisions of this
Resolution.
Section 17. That the City Clerk is
hereby nominated and appointed as
the agent of the City of Dubuque, Iowa
to receive proposals for the sale of the
property at the date and according to
the procedure hereinabove specified
for receipt of such proposals and to
proceed at such time to formally
acknowledge receipt of each of such
proposals by noting the receipt of same
in the Minutes of the Council; that the
City Manager is hereby authorized and
directed to make preliminary analysis
of each such proposal for compliance
with the minimum requirements
established by this Council
hereinabove. For each proposslwhich
satisfies these requirements, the
Council shall judge the strength of the
proposal by the comp~tive crfferia
established hereinabove. The Council
shall then make the final evaluation
and selection of the proposals.
Section 18. That following receipt of
competing proposals, the Developer
shall have until 10:00 a.m. on
December 27, 1999, to amend its
proposal in response and to deliver
same to the City Clerk.
Section 19. That if, and only if,
competing proposals are received and
determined by the Council to meet the
minimum requirements of this
Resolution, and the Developer amends
ifs proposal in response thereto, such
Council shall forthwith schedule a
meeting within seven (7) days after
December 27, 1999, at which meeting
there shall be a bid-off, each proposal
against the other, sedatim staring with
the second proposal received until
such time as each proponent for the
sale of the property shall decline to
improve its bid in response to the last
bid of the other bidder or bidders. The
period of ~me to be aflowed for such
bid-off shall not be in excess of three
consecutive hours on said date. The
rules of such bid-off shall be as
informally determined by the Council at
or before such bid-off period and shall
be absolute.
Section 20. That in the event
another qualified proposal is timely
submitted and accepted by the C~/,
another and further notice shall be
published of the intent of the City of
Dubuque, Iowa, to enter into the
resulting contract, as required by law.
Passed, approved and adopted this
15th day of November, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Voetberg moved adoption of the
Resolution and further set this matter
for Public Headng on Dec. 20th at 6:30
P.M. in the Public Library Auditorium
and that the City Clerk publish notice in
the manner prescribed by law.
Seconded by Buol. Motion carried 7-0.
At 9:45 P.M. Markham moved to go
into Closed Session In accordance with
Chapter 21.5 1.(j) State Code of Iowa,
1999 as amended, To discuss the
purchase of pa~cular real estate
where premature disclosure could be
reasonably expected to increase the
price the governmental body would
have to pay for that property.
Seconded by Michalski. Motion carried
7'-0.
Council reconvened Regular
Session at 10:01 P.M. stating Staff had
been given direction.
There being no further business,
Buol moved to adjourn. Seconded by
Markham. Motion carded 7-0.
The meeting adjourned at 10:02 P.M.
Is/Mary A. Davis CMC,
City Clerk
Approved ~ ?? , 2000
Council Members
C~ Clerk~