2004 May Council Proceedings
Special Session, May 3, 2004
163
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council Meeting, Special Session, May 3,
2004
Council met in Special Session at 5:00 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Nichoison, City
Manager Van Milligen, Corporation Counsel
Lindahl.
Absent: Michalski at roll call but entered at
5:31 P.M.
Mayor Duggan read the call and stated this is
a special session of the City Council called for
the purpose of discussing the Bunker Hill Golf
Course Renovation Project.
Discussion ensued regarding the Bunker Hill
Golf Course Renovation Project.
There being no further business, Michalski
moved to adjourn the meeting. Seconded by
Suol. Motion carried 7-0. The meeting
adjourned at 5:47 P.M.
Isl Jeanne F. Schneider, CMC,
City Clerk
11 5/12
2004
2004
164
Regular Session, May 3, 2004
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, May 3, 2004
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Ciine, Connors, Markham, Michaiski,
Nicholson, City Manager Van Milligen,
Corporation Counsel Lindahi
Mayor Duggan read the call and stated this is
a regular session of the City Council called for
the purpose of discussing such matters which
may properly come before the City Council.
Invocation was given by Msgr. Wayne Ressier,
Pastor of St. Raphaei's Cathedral.
Proclamations: Mental Health Month (May,
2004) received by Betty Allen; Historic
Preservation Week (May 3 - 7, 2004) received
by Chris Wand; Nursing Home Week (May 9 -
15, 2004) received by Barbara Barker: and
Arbor Day (May 17, 2004) received by Chris
Frommelt.
CDNSENT ITEMS
Minutes and Reports Submitted: Airport
Commission of 4/8; Cable TV Teleprogramming
Commission of 4/6; City Council of 4/19; Historic
Preservation Commission of 4/15; Housing
Code Appeals Board of 3/16; Housing
Commission of 3/23; Housing Commission Trust
Fund of 4/2; Human Rights Commission of 3/8;
Library Board of Trustees of 3/28, presented and
read. Buol moved that the minutes be received
and filed. Seconded by Cline. Motion carried 7-
O.
Proof of publication of City Council
Proceedings of April 5, 2004, presented and
read. Buol moved that the proof be received
and filed. Seconded by Cline. Motion carried 7-
O.
Library Board of Trustees Update from
Meeting of April 22, 2004, presented and read.
Buol moved that the communication be received
and filed. Seconded by Cline. Motion carried 7-
O.
Dubuque Area Chamber of Commerce
Convention and Visitors Bureau Quarterly
Report, presented and read. Buol moved that
the communication be received and filed.
Seconded by Cline. Motion carried 7-0.
Fiscal Year 2004 Third Quarter Report of
Substance Abuse Services Center, presented
and read. Buol moved that the communication
be received and filed. Seconded by Cline.
Motion carried 7-0.
Notice of Claims/Suits: Craig W. Crist for
property damage; Donna Flynn for personal
injury; Donald Kowalski for personal
injury/vehicle damage: Lynne Jagielski for
personal injury; Nathan McAvan for property
damage: Angela McCarthy for personal injury;
Brenda Smothers for personal injury, presented
and read. Buol moved that the claims and suits
be referred to the Legal Staff for investigation
and report. Seconded by Cline. Motion carried
7-0.
Corporation Counsel advising that the
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Steve and
Kathy Cornelius for property damage; Craig W.
Crist for property damage; Donna Flynn for
personal injury: Donald Kowalski for personal
injury/vehicle damage; Nathan McAvan for
property damage; Brenda Smothers for personal
injury, presented and read. Buol moved that
the communications be received and filed and
concurred. Seconded by Cline. Motion carried
7-0.
Legislative Correspondence:
Communication of City Manager to area
legislators urging support for SR 2291 -
Rehabilitating Abandoned Properties, presented
and read. Buol moved that the communication
be received and filed. Seconded by Cline.
Motion carried 7-0.
Communication of City Manager to area
legislators urging their opposition to any efforts
to approve SJR 2010 which imposes a
constitutional amendment requiring voter
approval of tax increases, presented and read.
Buol moved that the communication be received
and filed. Seconded by Cline. Motion carried 7-
O.
Communication of City Manager to area
legisiators encouraging them to vote no for a
House amendment to HF 2574, a Department of
Revenue technical correction bill, presented
and read. Buol moved that the communication
be received and filed. Seconded by Cline.
Motion carried 7-0.
Communication of City Manager to area
legislators urging their support of HF 2578 which
provides funding for Community Attraction and
Tourism (CAT), presented and read. Buol
Regular Session, May 3, 2004
165
moved that the communication be received and
filed. Seconded by Cline. Motion carried 7-0.
Communication of City Manager to Senator
Chartes Grassley and Senator Tom Harkin
expressing opposition to the Internet Tax-Non-
Discrimination Act and support for the Internet
Access Tax Ban Extension and Improvement
Act as a substitute bill, presented and read. Buol
moved that the communication be received and
filed. Seconded by Cline. Motion carried 7-0.
Collective Bargaining Agreement Between City
and Teamster's Local #421: City Manager
recommending approval of an amendment to the
collective bargaining agreement between the
City of Dubuque and the Teamster's Union,
Local #421 to provide for a work week that
consists of ten hours per day and four days per
week for Airport Maintenanceworkers,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by Cline.
Motion carried 7-0.
Iowa Utilities Board: Communication from
Chuck Seel, Iowa Utilities Board, regarding the
Interstate Power and Light Company electric
rate increase request, presented and read. Buoi
moved that the communication be received and
filed. Seconded by Cline. Motion carried 7-0.
United States Environmental Protection
Agency: Communication from the United States
Environmental Protection Agency acknow-
ledging receipt of materials from the City to fulfill
a requirement under the Public Health Security
and Bioterrorism Preparedness and Response
Act of 2002, presented and read. Buol moved
that the communication be received and filed.
Seconded by Cline. Motion carried 7-0.
Chemical Compound Building Renovation
Project: City Manager recommending
acceptance of the Chemical Compound Building
Renovation Project at the Eagle Point Water
Plant as completed by Kluck Construction in the
final contract amount of $35,848.36, presented
and read. Buol moved that the communication
be received and filed. Seconded by Cline.
Motion carried 7-0.
RESOLUTION NO. 175-04
ACCEPTING IMPROVEMENT
WHEREAS, the Contract for the renovation of
the Chemical Compound Building located at the
Eagle Point Water Piant has been completed
and the City's Consultant Allen and Urbain
Architects of Dubuque, Iowa recommends
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, adopted and approved this 3" day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 176-04
FINAL ESTIMATE
Whereas, the Contract for the renovation of
the Chemical Compound Building located at the
Eagle Point Water Plant, 1902 Hawthorne
Street, Dubuque, Iowa has been completed and
the City has submitted the final estimate
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 $35,848.36 dollars.
Section 2. That the final payment $1,792.41
be paid to Kluck Construction of Dubuque, Iowa
in accordance with the State Statute from funds
in the Water Departments FY '04 CIP Budget.
Passed, adopted and approved this 3" day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
The following item was removed from the
Agenda - Southwest Arterial Supplementai
Agreement: City Manager recommending
approval of a Supplemental Agreement with the
Iowa Department of Transportation for the
preliminary design of Iowa Highway 32
(Southwest Arterial), and a Resolution
Approving the Iowa Department of
Transportation Supplemental Agreement for
preliminary design of Iowa Highway 32
(Southwest Arterial).
Howard R. Green Supplemental Agreement
No.2: City Manager recommending approval of
Supplemental Agreement No.2 between the
City and Howard R. Green for the University
Avenue Extension Project, presented and read.
Buol moved that the communication be received
and filed. Seconded by Cline. Motion carried 7-
O.
RESOLUTION NO. 177-04
RESOLUTION APPROVING THE SUPPLE-
MENTAL AGREEMENT NO.2 BETWEEN THE
CITY OF DUBUQUE AND THE HOWARD R.
166
Regular Session, May 3, 2004
GREEN COMPANY FOR THE UNIVERSITY
AVENUE PROJECT{STP-U-2100{623)-70-31)
Whereas, the City of Dubuque and the Howard
R. Green Company are currently in the design
phase for the improvement to extend University
Avenue to intersect with US Highway 20 in
Dubuque, Iowa; and
Whereas, Howard R. Green has prepared a
Supplemental Agreement No.2 between the
City of Dubuque and the Howard R. Green
Company to amend the Scope of Services to
provide: two separate bid packages; additional
real estate services not included in the original
agreement; and environmental services related
to soil and debris management as well as
wetland mitigation.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Supplemental Agreement
No. Two between the City of Dubuque and the
Howard R. Green Company be approved.
Section 2. That the Mayor be authorized and
directed to execute three copies of
Supplemental Agreement No.2.
Passed, adopted and approved this 3rd day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Klingenberg Terrace - Quit Claim Deed: City
Manager recommending approval of the
acceptance of a quit claim deed from U.S. Bank,
NA for right-of-way on Klingenberg Terrace for
property the City purchased in 1999 for
construction of a retaining wall, presented and
read. Buol moved that the communication be
received and filed. Seconded by Cline. Motion
carried 7-0.
RESOLUTION NO. 179-04
A RESOLUTION ACCEPTING A CONVEY.
ANCE OF PROPERTY, A PART OF LOT 2 OF
1 OF THE SUBDIVISION OF LOTS 138, 140,
AND 142 OF LH. LANGWORTHY'S ADDITION
IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA, MORE PARTICULARLY
DESCRIBED IN EXHIBIT A, TO THE CITY OF
DUBUQUE
Whereas, the City of Dubuque entered into an
Acquisition Agreement with Jason Sindahl
pursuant to which Jason Sindahl agreed to
convey a part of Lot 2 of 1 of the Subdivision of
Lots 138, 140, and 142 of LH. Langworthy's
Addition in the City of Dubuque, Dubuque
County, Iowa, as shown on the Acquisition Plat
thereof recorded as Instrument No.1 0115-98:
and
Whereas, U.S. Bank, NA, as mortgage
holder, foreclosed on the property formerly
owned by Jason Sindahl; and
Whereas, U.S. Bank, NA has executed a
conveyance of said 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, hereby approves of, accepts
and consents to the Quit Claim Deed from U.S.
Bank, NA, copies of which are attached hereto,
as required by Iowa Code Section 569.7.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in
connection herewith.
Passed, approved and adopted this 3" day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Compensation Estimates - US Highway 20:
City Manager recommending approval of the
use of Compensation Estimates for three
parcels of property needed as temporary
construction easements for the realignment of
University Avenue from Ethel Street to US 20 at
the entrance to Theisen's, presented and read.
Buol moved that the communication be received
and filed. Seconded by Cline. Motion carried 7-
O.
RESOLUTION NO. 180-04
AUTHORIZING THE USE OF COMPEN-
SATION ESTIMATES FOR THE ACQUISITION
OF TEMPORARY CONSTRUCTION EASE.
MENTS ON PROPERTY OWNED OR LEASED
BY THOMAS T. AND LEE ANN FROST, BEST
CAR WASHES, LTD , UNIVERSITY CAR-
WASH INC., JAMES E. AND LINDA STARK.
AND COLONIAL TERRACE ANIMAL HOS.
PITAL, P.C. FOR THE UNIVERSITY AVENUE
EXTENSION PROJECT
Whereas, the City of Dubuque (City) intends to
acquire temporary construction easements on
certain real property owned or leased by
Thomas T. and Lee Ann Frost, Best Car
Washes, Ltd., University Carwash Inc., James
E. and Linda Stark, Colonial Terrace Animal
Hospital, P.C., legally described as follows:
Lot 1 of Lot 1 of Lot 2 of Mineral Lot 242 and Lot
2 of Lot 2 of Lot 2 of Mineral Lot 242 and Lot D
of Mineral Lot 242, all in the City of Dubuque,
Iowa;
Lot 2 of Lot 1 of Lot 1 of Correction Plat of Lot 2
of Lot 1 of Lot 2 of "Bonson Farm Subdivision";
Lot 2 of the Subdivision of Lot 2 of Lot 1 of
Correction Plat of Lot 2 of t.ot 1 of Lot 2 of
"Bonson Farm Subdivision"; Lot 2 of the
Regular Session, May 3, 2004
167
Subdivision of Lot 1 of Lot 2 of Lot 2 of
Correction Plat of Mineral Lot 248; and Lot 2 of
Lot 1 of Lot 2 of Correction Piat of Mineral Lot
248, each being in Section 27, Township 89
North, Range 2 East of the 5th Principal
Meridian, being in Dubuque Township,
Dubuque County, Iowa, now in the City of
Dubuque, Iowa, according to the recorded Plats
thereof, subject to highway and easement of
record; and
Lot 1 of Sub. of Lot 1 of Lot 2 of Lot 2 of
Correction Plat of Mineral Lot 248; and Lot 1 of
Sub. of Lot 2 of Lot 1 of Correction Plat of Lot 2
of Lot 1 of Lot 2 of "Bonson Farm Subdivision";
each being in Section 27, Township 89 North,
Range 2 East of the 51h Principal Meridian, being
in Dubuque Township, Dubuque County, Iowa,
now in the City of Dubuque, iowa, according to
the recorded piats thereof, subject to highway
and easements of record
as shown on Exhibits A, B, and C attached
hereto: and
Whereas, Iowa law allows City to waive the
appraisal process in cases involving acquisitions
of property with low fair market value: and
Whereas, City has established values in the
location of the Project with an appraisal for Elm
Real Estate, LC.; and
Whereas, City now desires to use
compensation estimates to determine the value
of these temporary construction easements; and
Whereas, the City Council finds that it is
appropriate to use the compensation estimates
to allow City to negotiate the acquisition of the
temporary construction easements.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Manager and Corporation
Counsel are hereby authorized to use
compensation estimates to negotiate the
acquisition of the above-described temporary
construction easements.
Passed, approved and adopted this 3" day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Establishment of Fair Market Value - Eunice
and James Newman: City Manager
recommending approval of the estabiishment of
the fair market value of the Eunice and James
Newman property needed for right-of-way for the
realignment of University Avenue from Ethel
Street to US 20 at the entrance to Theisen's and
a Resolution Establishing fair market value for
the acquisition of certain real property owned by
James E. Newman in the City of Dubuque, Iowa
for the University Avenue extension project,
presented and read.
Eunice Newman spoke in opposition and
challenged the necessity of the acquisition.
Michalski moved that the communications be
received and filed and referred to the City
Manager. Seconded by Markham. Motion
carried 7-0.
1042 Main Street - Demolition Request:
Historic Preservation Commission recom-
mending approval of a request from Gronen
Adaptive Reuse LLP/John Gronen for demolition
of a structure at 1042 Main Street, presented
and read. Buol moved that the communication
be received and filed and approved
recommendation. Seconded by Cline. Motion
carried 7-0.
1066 Main Street - Demolition Request:
Historic Preservation Commission recom-
mending approval of a request from Gronen
Adaptive Reuse LLP/John Gronen for demolition
of a structure at 1066 Main Street, presented
and read. Buoi moved that the communication
be received and filed and approved
recommendation. Seconded by Cline. Motion
carried 7-0.
1086 Main Street - Demolition Request:
Historic Preservation Commission recom-
mending approval of a request from Gronen
Adaptive Reuse LLP/John Gronen for demolrtion
of a structure at 1086 Main Street, presented
and read. Buol moved that the communication
be received and filed and approved
recommendation. Seconded by Cline. Motion
carried 7-0.
Dubuque Museum of Art: City Manager
recommending approval of a request from the
Dubuque Museum of Art (DuMA) to defer
payments on their $300,000 Downtown
Rehabilitation Loan until July 1, 2006 and accept
the Personal Guaranty from Charles E. Stoltz as
collateral for the deferred payments, presented
and read. Buol moved that the communication
be received and filed and approved recom-
mendation. Seconded by Cline. Motion carried
7-0.
Dubuque Industrial Center West - 3" Addition:
City Manager recommending approval of the
issuance of a Request for Proposal (RFP) for
the selection of a consultant to do the design of
the next phase of the Dubuque Industriai Center
West, presented and read. Buol moved that the
communication be received and fiied and
approved recommendation. Seconded by Cline.
Motion carried 7-0.
Purchase of Iowa Department of Transpor-
tation Right-of-Way: City Manager recom-
mending approval of the purchase of 58,588
168
Regular Session, May 3, 2004
square feet of property from the Iowa
Department of Transportation for placement of a
sign for the Dubuque Technology Park at a cost
of $14,647, presented and read. Buol moved
that the communication be received and filed.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 181-04
RESOLUTION APPROVING THE PURCHASE
OF LOT F OF DUBUQUE TECHNOLOGY
PARK
Whereas, the City of Dubuque owns and
manages Dubuque Technoiogy Park in the City
of Dubuque, Iowa; and
Whereas, the Iowa Department of
Transportation has excess Highway 61 Right of
Way west of said Dubuque Technology Park;
and
Whereas, the attached plat of the excess
Highway 61 Right of Way, Lot F of Dubuque
Technology Park in the SW Y. of Section 12,
Township 88 North, Range 2 East of the 5th P.M.
has been prepared for Iowa Department of
Transportation approval; and
Whereas, the Iowa Department of
Transportation is requesting twenty five cents
per square foot for Lot F;
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF DUBUQUE, IOWA:
1.The acquisition of Lot F of Dubuque
Technology Center, for $14,647 containing
1.345 acres is hereby approved.
2. The City Manager and City Clerk are heraby
authorized and directed to execute appropriate
legal documents to complete the purchase of Lot
F of Dubuque Technology Center.
Passed and approved this 3" day of May
2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Quarterly Investment Report: City Manager
transmitting the March 31, 2004 Quarterly
Investment Report, presented and read. Buol
moved that the communication be received and
filed. Seconded by Cline. Motion carried 7-0.
U.S. Department of Homeland Security:
Communication from the U.S. Department of
Homeland Security/United States Coast Guard
advising that the faciiity security plan for Rivers
Edge Plaza does not meet the requirements of
Title 33 Code of Federal Regulations and
providing a summary of the insufficient or
missing element(s) of the pian, presented and
read. Buol moved that the communication be
received and filed. Seconded by Ciine. Motion
carried 7-0.
Arboretum Drive - Parking: City Manager
recommending denial of the request for no
parking on the south side of Arboretum Drive as
Jack Frick, Board President of the Dubuque
Arboretum and Botanical Gardens, has
withdrawn his original petition and his modified
petition, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by Cline.
Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 182-03
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "C" BEER PERMIT
Oriental Food & Gift Corp Lien Oriental Am.
FoodStore+(SundaySale} 115W.111h
Beecher Co. Inc. Beecher Beverage +
(Sunday Sale) 1691 Asbury
Passed, approved and adopted this 3rd day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Cierk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 183-04
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have fiied 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 Liquor
License.
CLASS "A"(CLUB) LIQUOR LICENSE
DBQ Moose Lodge # 355 Dubuque Lodge#
355+(Sunday Sale) 1166 Main St
CLASS "C" BEER/LIQUOR LICENSE
Ciifford Enterp. Dempsey's/Molly's Pub + Grub
395W.91hSt
Regular Session, May 3, 2004
169
Kostas, Inc. Charhouse Restr+
(Sunday Sale) 1575 JFK Rd
MichaellTheresa Kalmes Breaktime Bar & Grill+
(Sunday Sale) 1097 Jackson St
Michael/ Theresa Kaimes Breaktime Bar & Grill+
(1-day-6-12-04 Outdoor) 1097 Jackson St
Breezy's Central Tap+
(Outdoor Sale) 1046 Central Ave
Beverly Larsen Denny's Lux Club+
(Sunday Sale) 3050 Asbury Rd
DBQ Inc. Shot Tower Inn+
(Sunday Sale) 390 Locust St
GMRllnc Olive Garden Italian Restr.+
(Sunday Sale) 3350 Dodge St
Sublime Subiime+
(Sunday Sale) 3203 Jackson
Lot One, LLC Lot One LLC+
(Sunday Sale) 100 Main St
CLASS "B" WiNE
Beecher Co. Inc. Beecher Beverage
1691 Asbury Rd
Passed, approved and adopted this 3rd day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Sale of Park Property: City Manager
recommending that a public hearing be set for
May 17, 2004 to consider a request from Jeffrey
and Julie Ann Chase to purchase a portion of
Gay Park, presented and read. Cline moved that
the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO, 184-04
RESOLUTION OF INTENT TO DISPOSE OF
INTEREST IN LOT 1-3 OF GROMMERSCH
PLACE, DUBUQUE IOWA
Whereas, Jeffrey and Julie Ann Chase
requested the purchase of Lot 1-3 of
Grommersch Place; and
Whereas, IIW Engineers & Surveyors, PC has
prepared and submitted to the City Councii a
plat showing a portion of Gay Park and assigned
lot number thereto, which hereinafter shall be
known and described as Lot 1-3 of Grommersch
Place in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this portion
of Gay Park is no longer required for public use,
and vacating and sale of said portion of park as
Lot 1-3 of Grommersch Place 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 City of Dubuque intends to
dispose of its interest in Lot 1-3 of Grommersch
Piace in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 1-3 of
Grommersch Place in the City of Dubuque, Iowa
to Jeffrey and Julie Ann Chase be contingent
upon the payment of the cost of surveying and
platting plus publication and filing fees.
Section 3. 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 3rd day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution and
set this for public hearing on 5/17104 at a
meeting to commence at 6:30 P.M. in the public
library auditorium and that the City Clerk publish
notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 7-0.
Residentiai Parking Permit District: City
Manager recommending that a public hearing be
set for May 17, 2004 to consider a request from
residents on West 11th Street, West 16'h Street,
and portions of Cornell Street and Pickett Street,
presented and read. Ciine moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 185-04
RESOLUTION SETTING A PUBLIC HEARING
ON ESTABLISHING A RESIDENTIAL
PARKING PERMIT DISTRICT ON WEST 15TH
STREET, WEST 16TH STREET, CORNELL
STREET, AND PICKET STREET
Whereas, the City of Dubuque, pursuant to
Section 32-383 of the Code of Ordinances, have
received petitions containing sufficient
signatures requesting that an area described as
follows be designated as a Residentiai Parking
Permit District:
West 15'h Street, West 16~ Street, Cornell
Street, and Picket Street
Whereas, pursuant to said Section 32-383, the
City Manager has caused a parking study of the
area identified above to be undertaken and
which study shows at least 80 percent (80%) of
the curbside parking spaces in the proposed
parking permit district were utilized during peak
periods, and at least 25 percent of the curbside
parking spaces in the proposed parking permit
were utilized by non-resident parking; and
Whereas, the City Manager, based upon the
results of the study, and in accordance with
Section 32-383, recommends that the area be
designated as a Residential Parking Permit
District and that the City Council set a public
hearing on the petition to establish such area as
a Residential Parking Permit District and the
170
Regular Session, May 3, 2004
hours such parking restrictions are to be in
effect.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council finds and
determines that a valid petition has been
received for the designation of West 15th Street,
West 16th Street, Cornell Street, and Picket
Street, as a Residential Parking Permit District.
Section 2. That the Residential Parking Permit
District hours be effective between the hours of
6 a.m. and midnight daily, except Sundays and
holidays.
Section 3. That the City Clerk be authorized
and directed to publish a notice of public hearing
on the designation of the above described area
as a Residential Parking Permit District, to be
held on May 17, 2004.
Passed, approved and adopted this 3" day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Ciine moved adoption of the Resolution and
set this for public hearing on 5/17/04 at a
meeting to commence at 6:30 P.M. in the public
library auditorium and direct the City Clerk to
publish notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 7-0.
Tax Increment Revenue Bonds - Lower Main
Development, LLC.: City Manager
recommending that a public hearing be set for
May 17, 2004 to consider the issuance of not to
exceed $185,000 in urban renewal tax
increment revenue bonds to support Lower Main
Development, LLC.'s redevelopment of the
former Weber Paper Company Building,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 186-04
RESOLUTION FIXtNG DATE FOR A MEETING
ON THE PROPOSITION OF THE ISSUANCE
OF NOT TO EXCEED $185,000 URBAN
RENEWAL TAX INCREMENT REVENUE
NOTES 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
Notes to the amount of not to exceed $185,000,
as authorized 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, Section 403.9 sets forth the
procedurai action required to be taken before
said Urban Renewal Tax Increment Revenue
Notes may be issued, and it is therefore
necessary that the action hereinafter descrtbed
be taken and that the Cierk 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 City to such action.
NOW, 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 6:30 o'clock P.M., on the
17th day of May, 2004, for the purpose of taking
action on the matter of the issuance of not to
exceed $185,000 Urban Renewal Tax Increment
Revenue Notes, the proceeds of which will be
used 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 Greater
Downtown Urban Renewal District, including the
funding of an economic development grant to
Lower Main Development, LL.C. under the
terms of a Development Agreement dated April
19,2004 between the City of Dubuque and said
developer.
Section 2. That the Clerk is hereby directed to
cause at least one publication to be made of a
notice of said meeting, in a legai newspaper,
printed wholly in the English language,
published at ieast 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 Notes shall be in substantiaily the
following form:
NOTICE OF MEETING OF THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA, ON THE
MATTER OF THE PROPOSED ISSUANCE OF
NOT TO EXCEED $185,000 URBAN
RENEWAL TAX INCREMENT REVENUE
NOTES 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 17th day of May, 2004, at
6:30 o'clock P.M., in the Auditorium, Carnegie-
Stout Public Library, Dubuque, Iowa, at which
meeting the Council proposes to take additional
action for the issuance of not to exceed
$185,000 Urban Renewal Tax Increment
Revenue Notes in order to provide funds to pay
costs of aiding in the pianning, 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
Greater Downtown Urban Renewal District,
Regular Session, May 3, 2004
171
inciuding the funding of an economic
development grant to Lower Main Development,
LLC. under the terms of a Development
Agreement dated April 19, 2004 between the
City of Dubuque and said developer.
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 all objections have been received and
considered, the Council will at this meeting or at
any adjournment thereof, take additionai action
for the issuance of said Urban Renewal Tax
increment Revenue Notes or will abandon the
proposal to issue said obligations. Said hearing
and appeals therefrom shall be heid 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.
Dated this 7th day of May, 2004.
City Clerk of Dubuque, Iowa
(End of Notice)
Passed and approved this 3rd day of May,
2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
set this for pubiic hearing on 5/17/04 at a
meeting to commence at 6:30 P.M. in the public
library auditorium and direct the City Clerk to
publish notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 7-0.
Eagle Point Water Plant Elevator Replacement
Project: City Manager recommending initiation of
the public bidding process for the Eagle Point
Water Plant Elevator Replacement Project and
that a public hearing be set for June 7, 2004,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 187-04
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
Whereas, the proposed plans, specifications
and form of contract for the elevator
replacement at the Eagle Point Water Plant,
1902 Hawthorne Street, Dubuque, Iowa to
comply with the American Disability Act
Standards, in the estimated amount of
$146,106.92 dollars have been prepared by the
Allen and Urbain Architects of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The proposed plans, specifications
and form of Contract are approved and ordered
filed in the office of the City Clerk for public
inspection.
Passed, approved and adopted this 3"' day of
May, 2004.
Terrance M. Dug9an, Mayor
Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 188-04
FIXING DATE FOR HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, iowa has given Its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public Inspection
of the construction of the replacement of the
elevator at the Eagle Point Water Piant to
comply with the Americans With Disabilities Act
Standards.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 7'h day of June, 2004 a public
hearing will be held at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
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 the 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 an file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, adopted and approved this 3" day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Cierk
Cline moved adoption of the Resolution and
set the public hearing for 617104 at a meeting to
commence at 6:30 p.m. in the public library
auditorium and direct the City Clerk to publish
notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 189-04
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Elevator Replacement at
the Ea91e Point Water Plant, 1902 Hawthorne
Street, Dubuque, Iowa to comply with the
Americans With Disabilities Act Standards is
hereby ordered to be advertised for bids for
construction.
Section 2. That the amount of the security to
accompany each bid shall be in the amount
172
Regular Session, May 3, 2004
which shall conform to the provisions of the
notice to bidders hereby approved as part of the
plans and specifications heretofore adopted.
Section 3. That the City Clerk is hereby
directed to advertise for bids for the construction
of the improvement 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 prior to the receipt of said bids
at 2:00 p.m. on Wednesday, the 261h day of May,
2004. 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 ih
day of June, 2004.
Passed, approved and adopted this 3" day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Cierk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Roosevelt Road Phase II Water Main
Extension Project: City Manager recommending
initiation of the public bidding process for the
Roosevelt Road Phase II Water Main Extension
Project and that a public hearing be set for June
7, 2004, presented and read. Cline moved that
the communication be received and filed.
Seconded by Nichoison. Motion carried 7-0.
RESOLUTION NO. 190-04
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 Roosevelt
Road Phase II Water Main Extension Project in
the estimated amount of $115,504.00 are
hereby approved and ordered flied in the office
of the City Clerk for public inspection.
Passed, adopted and approved this 3" day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 191-04
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Roosevelt Road Phase II Water Main
Extension Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be heid on the ih
day of June, 2004 at 6:30p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of time and place of such hearing to be
published in a newspaper having general
circuiation in the City of Dubuque, Iowa, which
notice shali 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 file objections to the
proposed plans, specifications, contract or
estimated cost of the improvement.
Passed, adopted and approved this 3rd day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
set public hearing for 6/7/04 at a meeting to
commence at 6:30 p.m. in the public library
auditorium and direct the City Cierk to publish
notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 192-04
ORDERING BIDS
NOW THEREFORE, BE iT RESOLVED BY
THE COUNCIL OF THE CiTY OF DUBUQUE,
IOWA:
That the Roosevelt Road Phase II Water Main
Extension Project is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that the amount
of security to accompany each bid shall be in the
amount which shall conform to the provisions of
the Notice to Bids hereby approved as a part of
the plans 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 shaH not be
iess than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 26th day of May, 2004. 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 7th day of June, 2004.
Passed, adopted and approved this 3" day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
BOARDS/COMMISSIONS
Regular Session, May 3, 2004
173
Appointments to the following Commission:
Civil Service Commission (One 4-Year Term to
Expire 4/6/08 - Mayor Appointment) Applicant:
Dick Wertzberger. Mayor Duggan reappointed
Dick Wertzberger to a four year term on the Civil
Service Commission which will expire 4/6/08.
Markham moved to concur with the Mayor's
reappointment. Seconded by Nicholson. Motion
carried 7-0.
PUBLIC HEARINGS
Michalski moved to suspend the rules to allow
anyone present to speak. Seconded by
Nicholson. Motion carried 7-0.
Lease Agreement with Hoffmann Schneider
Funeral Home: Proof of publication on notice of
hearing to consider a lease agreement with
Hoffmann Schneider Funeral Home for a section
of Jackson Park and City Manager
recommending approval, presented and read.
Rick Mihm and Mary Moody of the Catholic
Worker House voiced opposition to this lease.
David Stewart, 1492 Locust, requested
another public hearing when plans are more set
stating that the Historic Preservation
Commission and neighborhood organizations
need to look at it.
Jim Schneider spoke and requested approval
of the lease agreement and stated this is subject
to Historic Preservation Commission and
Engineering approval.
Markham moved to approve the lease
agreement conditionally, if approved by Historic
Preservation Commission. Seconded by
Nicholson. Motion carried 7-0.
Right-of-Way Easement: Proof of publication
on notice of hearing to consider vacating a 10-
foot wide right-of-way easement in the City of
Dubuque, Iowa, in accordance with an
agreement adopted by City Council on February
16, 2004 with Kivlahan Farms, LLC and City
Manager recommending approval, presented
and read. Buol moved that the proof and
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
RESOLUTION NO. 193-04
RESOLUTION DISPOSING OF INTEREST
AND VACATE A 10-FOOT WIDE RIGHT-OF-
WAY EASEMENT ALONG THE EASTERLY
LINE OF LOT N ARBOR ESTATES, BEING A
PART OF THE SE 'I. OF THE SE 'I. OF
SECTION 9, T89N, R2E, 5TH PM., 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 this 23" day of April, 2004, the City
Council of the City of Dubuque, Iowa met on the
3" day of May, 2004, at 6:30 p.m. in the Public
Library Auditorium, 360 West 11 Street,
Dubuque, Dubuque County, Iowa to consider
the proposal for the sale of real estate described
as:
A 10-foot wide right-of-way easement along
the east line of Lot N Arbor Estates, in the City
of Dubuque, Dubuque County, Iowa, as shown
on the attached Exhibit A
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 RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the disposal of the interest of
the City of Dubuque, Dubuque County, iowa, in
real property described as a 10-foot wide right-
of-way easement along the east line of Lot N
Arbor Estates, in the City of Dubuque, Dubuque
County, Iowa, as shown on Exhibit A, be and the
same is hereby approved.
Section 2. That the Mayor be authorized and
directed to execute a Release of Easement, and
the City Clerk be and is hereby authorized and
directed to deliver said Release to Kivlahan
Farms, LLC.
Section 3. That the City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution in the offices of the City
Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 3" day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Fiscal Year 2004 Budget Amendment: Proof
of pubiication on notice of hearing to consider
the fourth amendment to the Fiscal Year 2004
budget and City Manager recommending
approval, presented and read. Cline moved that
the proof and communication be received and
filed. Seconded by Nicholson. Motion carried 7-
O.
174
Regular Session, May 3, 2004
RESOLUTION No
194-04
A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAl. YEAR ENDING JUNE 30. 2004
(AS AMENDED LAST ON .j
Be it Reoolved by the Counoll ofthe,C,," of OUBUQUE
Se"," " FoII'"""9 no'œ publle""
a"d the public heeri"" held, Mey 3, 2004 the cunenl budget (os p",'ous^, amended) . ame"ded as .el out
he..;n and;" the detail by '"d type a"d aeW", thaI "pports this .......'" which wo. co"""'e'" at Ihal hearin9'
R~"_' Othe. Fino...,... So.-
T_"""~
,"",u_p~ T",,",- v.,
"'C.__T-
""" T-
TIF-
01,,", T-
"'""_& ........
u.eof ....
, """'"
C "",...""
, -.....""
.---.
_F..............
T""""'_", ""'" Sou-
".."d".,"" Othe. "as.c",O U-
""'"
"""'-
-...-.......
C...~....-
eom- """"""'"'"
"""""...........
""",."..
T...___-
B_T I
T"""'_&_-"-
T__O.
T...,___"""",
Eo-. .....- & ""'" """"'" 0."
(U_-""""~,,"""'"
F.......- ,
E"""F.......~Ju.."
Pa,sedth;, 3rd
/£~-é/?:~üOJ'
{/ ..,~-.
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
2004 Curb Ramp Installation - CDBG Project
No.1: Proof of pubiication on notice of hearing
to consider adoption of the plans and
specifications for the 2004 Curb Ramp
Installation - CDBG Project No.1 and City
Manager recommending award of the contract to
Kiuck Construction in the amount of $29,550,
presented and read. Cline moved that the proof
and communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
15
16
17
16
19
20
21
22
23
2.
25
2.
27
28
C.nent
Amendme"1
Tora; Budget
aile, Cune"'
Amendment
1
2
3
.
5
6
7
6
9
10
11
12
13
1&
30
31
-',164,395
0
45,449,962
7"S6,1S6
dayot
~I'~
~~
RESOLUTION NO. 195-04
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 141h day of April, 2004, plans,
specifications, form of contract and estimated
cost were filed with the City Cierk of Dubuque,
Iowa for the 2004 Curb Ramp Installation -
CDBG Project No.1.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
Regular Session, May 3, 2004
175
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 3'" day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 196-04
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the 2004 Curb
Ramp Installation - CDBG Project No.1
pursuant to Resolution No. 157-04 and notice to
bidders published in a newspaper published in
the City of Dubuque, Iowa on the 20'h day of
April, 2004.
Whereas, said sealed proposals were opened
and read on the 27'h day of April, 2004, and it
has been determined that the bid of Kluck
Construction of Dubuque, Iowa, in the amount
of $29,550.00 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 Kluck Construction and the
Manager be and is hereby directed to execute a
contract on behalf of the City of Dubuque for the
compiete 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 3'" day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Markham moved to reinstate the rules limiting
discussion to the Council. Seconded by Buol.
Motion carried 7-0.
ACTION ITEMS
Dubuque Humane Society: City Manager
recommendin9 that the City accept the
termination notice from the Dubuque Humane
Society and pursue alternative methods of
service delivery and communication from
Jennifer A. Clemens-Conlon regarding the
Dubuque Humane Society contract, presented
and read.
Jane McCall, Executive Director of the
Humane Society, spoke and stated they had
offered $61,000 in negotiations, not termination
of the contract at the end of the contract year.
Council discussed various specifics and
ramifications of this issue. Cline moved to
approve the recommendation of the City
Manager and accept the termination of the
Humane Society contract. Seconded by
Nicholson. Carried by the following vote:
Yeas-Buol, Cline, Connors, Duggan, Markham,
Nicholson. Nays--Michalski.
Arbor Estates - Finai Plat (Tabled on April 19,
2004): Nicholson moved to remove the following
from the table. Seconded by Michalski. Motion
carried 7-0.
City Manager recommending approval of the
final plat of the second phase of Arbor Estates,
presented and read. Michaiski moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
John Kivlahan spoke requesting adoption of
the final plat and requested that the name of the
extension of Bittersweet Lane be Arbor Wood
Court.
RESOLUTION NO. 197-04
A RESOLUTION APPROVING FINAL PLAT
OF LOTS 12 THRU 19, INCLUSIVE, OF
BLOCK 5, LOTS 1 THRU 10, INCLUSIVE OF
BLOCK 6, LOTS 3 THRU 5, INCLUSIVE,
BLOCK 7, LOT 1 OF BLOCK 8, LOT 1 OF
BLOCK 9, AND LOTS H THRU N, INCLUSIVE,
ALL OF ARBOR ESTATES, IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a Final Plat of Lots 12 thru 19, Inclusive, of
Block 5, Lots 1 thru 10, Inclusive of Block 6, Lots
3 thru 5, Inclusive, Block 7, Lot 1 of Block 8, Lot
1 of Block 9, and Lots H thru N, Inclusive, all of
Arbor Estates., in the City of Dubuque, Iowa;
and
Whereas, upon said final plat appears streets
to be known as Honeysuckle Lane (Lot I),
Arrowwood Lane (Lot L), and Bittersweet Lane
(Lot J), and Arbor Woods Court (Lot H), together
with certain public utility, sewer easements and
right-of-way access (Lot M), which the owners
by said final plat have dedicated to the public
forever; and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and had its approval endorsed thereon: and
Whereas, said final plat has been reviewed by
the City Planner and had her approval endorsed
thereon, subject to the owners agreeing to the
conditions noted in Section 2 and 3 below; and
176
Regular Session, May 3, 2004
Whereas, said final piat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it, except
that no streets or public utilities have yet been
constructed or installed.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Honeysuckle
Lane (Lot I), Arrowwood Lane (Lot L), and
Bittersweet Lane (Lot J) and Arbor Woods Court
(Lot H), together with the easements for public
utilities, sanitary sewer, storm sewer, water
mains and right-of-way (Lot M) as they appear
upon said final plat, be and the same are hereby
accepted; and
Section 2. That the Final Plat of Lots 12 thru
19, Inclusive, of Block 5, Lots 1 thru 10,
Inclusive of Block 6, Lots 3 thru 5, Inclusive,
Block 7, Lot 1 of Block 8, Lot 1 of Block 9, and
Lots H thru N, Inclusive, all of Arbor Estates is
hereby approved by the Mayor and City Clerk
are hereby authorized and directed to endorse
the approval of the City of Dubuque, Iowa, upon
said final plat, provided the owners of said
property herein named, execute their written
acceptance hereto attached agreeing:
(a) To reduce Honeysuckle Lane (Lot I),
Arrowwood Lane (Lot L), Bittersweet Lane (Lot
J), and Arbor Woods Court (Lot H) to grade and
to construct concrete curb and gutter and to
hard surface with asphaltic concrete, or with
concrete paving with integral curb, all in
accordance with the City of Dubuque standard
specifications, all in a manner acceptable to the
City Engineer, in conformance with construction
improvement plans approved by the City
Engineer, and inspected by the City Engineer.
(b) To install sanitary sewer mains and sewer
service laterals into each individual lot, water
mains and water service laterals into each
individual lot, storm sewers and catch basins,
boulevard street lighting and erosion control
devices ail in accordance with the City of
Dubuque standard specifications, all in a
manner acceptable to the City Engineer, and in
accordance with construction improvement
plans approved by the City Engineer, and
inspected by the City Engineer.
(c) To construct a storm water detention
facility (Lot 1, Block 9), and construct a
temporary detention basin (Lot N) in a manner
acceptable to the City Engineer, in accordance
with the City of Dubuque standard specifications
approved by the City Engineer, and inspected by
the City Engineer.
(d) To construct said improvements, prior to
two (2) years from the date of acceptance of this
resolution, at the sole expense of the owners, or
future owner:
(e) To maintain the public improvements, for a
period of two (2) years from the date of the
acceptance of those improvements by the City
of Dubuque, Iowa, at the sole expense of the
owners, or future owner:
And, further provided that said Kivlahan
Farms, LC., as owners of said property, shall
secure the performance of the foregoing
conditions provided in this Section by providing
guarantees in such form and with such sureties
as may be acceptabie to the City Manager of the
City of Dubuque, Iowa.
Section 3. Sidewalk installation shall be the
responsibility of the owner abutting the public
rights-of-way, including lots with multiple
frontages, as required by City Code 41-161
through 41-164. The responsibility shall extend
to all successors, heirs and assignees. Sidewalk
installation will not be required until the
development of the lot has been completed,
except as required herein. In sparsely
developed subdivisions, sidewalks on developed
lots will not be required until 50% of the lots
approved by the plat have been deveioped, All
vacant lots shall have sidewalks installed upon
development of 80% of the lots approved by the
plat.
Section 4. The developer will maintain the
detention facility (Lot 1, Block 9) until it has been
fully completed and is transferred to the
condominium association. Upon the
condominium association's acceptance of the
detention facility, all maintenance expenses
incurred shall be the responsibility of the
Association. The developer shall be responsible
for the operation and maintenance of the
temporary detention basin until such time as a
permanent detention basin is constructed as
part of a future phase of Arbor Estates.
Operation and maintenance of the detention
facilities shall be in accordance with the
approved Pollution Prevention Plan and all City,
State and Federal Code Of Ordinances. If the
development homeowners association fails to
property maintain the detention facilities, any
maintenance expense incurred by the City shall
be assessed against the condominium owners,
in equal amounts, and the City Manager shall
certify such costs to the City Clerk, who in turn
shall promptly certify such costs to the Dubuque
County Treasurer, and such costs shall then be
collected with and in the same manner as
general property taxes in accordance with
provisions of law.
Section 5. That the final acceptance of all
public improvements shall occur upon
certification of the City Engineer to the City
Council that ali public improvements have been
completed in accordance with the improvement
plans and City standard specifications and
accepted by City Council Resolution.
Section 6. That in the event Kivlahan Farms,
LC. fails to execute the acceptance and furnish
the guarantees provided in Sections 2 and 3
Regular Session, May 3, 2004
177
hereof within 180 days after the date of this
Resolution, the provisions hereof shaH be null
and void and the acceptance of the dedication
and approval the plat shall not be effective.
Passed, approved and adopted this 3" day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michaiski moved adoption of the Resolution
and stated that the extension be named
Bittersweet Lane. Seconded by Nichoison.
Motion carried 7-0.
UDAG Loan for Medline: City Manager
recommending approval of a UDAG Loan of
$62,000 to Medline as the City's match for the
company's application to the Iowa Department
of Economic Development (IDED) for an Iowa
Values Fund forgivable loan to support their
expansion project in Dubuque, presented and
read. Cline moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 198-04
A RESOLUTION APPROVING A UDAG LOAN
OF SIXTY-TWO THOUSAND DOLLARS
($62,000) TO MEDLINE.
Whereas, the City of Dubuque, Iowa has
created an economic development loan program
to assist local job creation efforts and provide
matching funds for State financial assistance
programs: and .
Whereas, the City desires to assist Medline in
its efforts to expand its operations in Dubuque
and create new, permanent employment
opportunities for local citizens: and
Whereas, a UDAG Loan for Sixty-Two
Thousand Dollars ($62,000) has been requested
by Medline to match its application for an iowa
Values Fund forgivable loan for the iowa
Department of Economic Deveiopment.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor and City Council of
the City of Dubuque, Iowa, approve the $62,000
UDAG Loan to Medline.
Section 2. That the City Manager be and he is
hereby authorized to negotiate and execute a
UDAG Loan Agreement with Medline.
Passed, approved and adopted this 3rd day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Port of Dubuque Passenger Boardin9 Facility:
City Manager recommending that the City
abandon current plans to build a stand-alone
transit passenger boarding facility in the Port of
Dubuque; that a portion of local matching funds
from an existing CIP be used to leverage a grant
from the State of Iowa to expand the existing
waiting area at the KeyLine Transit Office; and
that the remaining funds in the CiP be redirected
to the additional costs anticipated in the new
garage project on Kerper Court and
improvements to the bus shelter system,
presented and read. Cline moved that the
communication be received and filed and
approved recommendation. Seconded by
Connors. Motion carried 7-0.
Five Flags Civic Center - Privatization: City
Manager recommending authorization to
negotiate a five year Management Agreement
with Compass Facility Management, Inc. to
manage the Five Flags Center beginning July 1,
2004: communication regarding IPERS
coverage for Five Flags Civic Center employees;
communication and proposal from Compass
Facility Management, Inc. and proposal from
SMG, presented and read. Michalski moved
that the communications be received and fiied.
Seconded by Connors. Motion carried 7-0.
Michalski moved to enter into a contract for
private management of the Five Flags Civic
Center. Seconded by Connors. Carried by the
following vote: Yeas-Buol, Connors, Duggan,
Markham, Michalski, Nicholson. Nays-Cline.
Vote on the specific management company for
the Five Flags Civic Center: Buol voted for
SMG: Cline voted for SMG; Connors voted for
Compass; Duggan voted for SMG; Markham
voted for SMG; Michalski voted for SMG;
Nicholson voted for SMG. Buol moved that
the City Manager should negotiate a contract
with SMG. Seconded by Nicholson. Motion
carried 7-0.
At 8:52 P.M. Nicholson moved to go into
Closed Session re: Pending Litigation and
Property Acquisition - Chapter 21.5(1 )(c)(j) 2003
Code of Iowa. Seconded by Michalski. Motion
carried 7-0.
At 9:16 P.M. Council reconvened stating that
staff had been given proper direction.
There being no further business, Connors
moved to adjourn. Seconded by Cline. Motion
carried 7-0. The meeting adjourned at 9:19 P.M.
1t5/12
/s/ Jeanne F. Schneider, CMC
City Clerk
178
Regular Session, May 3, 2004
2004
2004
~
jf~'~
P-
C nci embers
~ ~ )
~~:z¿//-ðk~Q A/
y Clerk
Special Session, May 17, 2004
179
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, May 17, 2004
Council met in Special Session at 5:00 P.M. in
the Library Auditorium
Present: Council Members Buol, Cline,
Connors, Markham, Michalski, Nicholson, City
Manager Van Milligen
Absent: Mayor Duggan, Corporation Counsel
Lindahl.
Mayor Pro-Tem Nicholson read the call and
stated this is a special session of the City
Council called for the purpose of discussing the
Bee Branch Restoration Alignment Study.
Dan Lau of Camp, Dresser and McGhee (CDM
- stormwater consultants) gave a presentation
on the proposed Study.
Charies Winterwood, Laurie Bartolotta, Faith
Kramer, Frank Miller, Audrey Morey, Michelle
Harry, members of the Bee Branch Citizens
Advisory Committee, spoke regarding the
process used in developing the preliminary
alignment recommendation. Council Member
Markham stated that stormwater control is at the
top of the concerns list on every trip to
Washington for requesting funding.
Council consensus clarified there was no
problem with the proposed alignment but
thought that the $41 million cost was not
feasible.
Council Member Nicholson requested that the
committee re-Iook at the alignment from the
Railroad to Sixteenth St.
Wayne Klostermann spoke stressing that the
traffic flow needs to be considered as part of the
recommendation.
At 6:29 P.M. there being no further business,
Buol moved to adjourn. Seconded by Markham.
Motion 6-0. The special meeting was adjourned
at 6:29 P.M.
Is/ Jeanne F. Schneider, CMC
City Clerk
11 5/26
2004
2004
Zttel': a )
j¿;?44//~/ ü'? /0/
.9itÝ Cierk
180
Regular Session, May 17, 2004
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, May 17, 2004
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Ciine, Connors, Markham, Michalski,
Nicholson, City Manager Van Milligen,
Corporation Counsel Lindahl
Mayor Duggan read the call and stated this is
a regular session of the City Council called for
the purpose of discussing such matters which
may properly come before the City Council.
Invocation was given by Reverend Merlin
Schlichting, Pastor of St. Peter Lutheran Church.
CONSENT ITEMS
Minutes and Reports Submitted: Airport
Commission of 4/26; Cable TV
Teleprogramming Commission of 4/26; City
Council of 5/3; Human Rights Commission of
4/12; Investment Oversight Advisory
Commission of 4/29; Park and Recreation
Commission of 4/13; Zoning Advisory
Commission of 5/5; Zoning Board of Adjustment
of 4/22, presented and read. Buol moved that
the minutes be received and filed. Seconded by
Markham. Motion carried 7-0.
Proofs of publication of City Council
Proceedings of 4/19 and List of Claims and
Summary of Revenues for month ending March
31, 2004, presented and read. Buol moved that
the proofs be received and filed. Seconded by
Markham. Motion carried 7-0.
Investment Oversight Commission 44~
Quarterly Report, presented and read. Buol
moved that the report be received and filed.
Seconded by Markham. Motion carried 7-0.
Notice of Claims/Suits: Dan Galle for vehicle
damage; Angela McCarthy for personal injury,
presented and read. Buol moved that the
claims be referred to the Legal Staff. Seconded
by Markham. Motion carried 7-0.
Corporation Counsel advising that the
following ciaims have been referred to Public
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Angela
McCarthy for personal injury, presented and
read. Buol mpved that the communication be
received and Wed and concurred. Seconded by
Markham. Motion carried 7-0.
Citizen Communications:
Communications from Sara Mewbourne and
Realtors Janann Kleinstiver and John Klauer
regarding sewer problems at 335 Klingenberg
Terrace and requesting City assistance,
presented and read. Buol moved that the
communication be received and filed and
referred to the City Manager. Seconded by
Markham. Motion carried 7-0.
Communication from Sister Bernadine Curoe,
SVM, submitting a petition in support of
amending the current non-discrimination
ordinance to include the category of sexual
orientation, presented and read. Buol moved
that the communication be received and filed
and referred to the City Manager. Seconded by
Markham. Motion carried 7-0.
Tentative Agreement with the Dubuque
Professional Firefighter's Association, Local
#353: City Manager recommending approval of
a Tentative Agreement between the City of
Dubuque and the Dubuque Professional
Firefighter's Association, Local #353, presented
and read. Buol moved that the communication
be received and filed. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 199-04
ACCEPTING THE TENTATIVE AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA,
AND THE DUBUQUE PROFESSIONAL
FIREFIGHTERS ASSOCIATION, LOCAL #353
AND AUTHORIZING THE MAYOR TO SIGN
THE AGREEMENT
Whereas, the Sixty-Fifth General Assembly
adopted the Public Employment Relations Act,
Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is pubiic
employer within the meaning of Section 3 (1) of
the Public Employment Relations Act; and
Whereas, the Dubuque Professional
Firefighter's Association, Local #353 is an
employee organization within the meaning of
Section 3 (4) of the Public Employment
Reiations Act; and
Whereas, the Dubuque Professional
Firefighter's Association, Local #353, submitted
a request to bargain collectively on behalf of the
employees within its representation; and
Whereas, bargaining between the parties has
occurred and a tentative agreement has been
reached.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the terms of the tentative
agreement be accepted and the Mayor
Regular Session, May 17, 2004
181
authorized and directed to sign the collective
bargaining agreement.
Passed, approved and adopted this 17th day
of May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Parking Enforcement Software: City Manager
recommending acceptance of the Parking
Enforcement Software Project, as completed by
EDC Corporation, in the final contract amount of
$77,525, presented and read. Buol moved that
the communication be received and filed.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 200-04
ACCEPTING PARKING
ENFORCEMENT SOFTWARE
Whereas, the contract for the Parking
Enforcement Software has been completed and
the City Manager has examined the work and
filed his certificate stating that the same has
been completed according to the terms of the
contracts, plans, and specifications and
recommends its acceptance.
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 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 Fiscal Year 2004 Parking
Construction Fund in amounts equal to the
amount of this contract.
Passed, approved and adopted this 17'h day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 201-04
FINAL ESTIMATE FOR THE PARKING
ENFORCEMENT SOFTWARE
Whereas, the contract for the parking
enforcement software with EDC Corporation has
been completed and the Economic Development
Director has submitted his finai 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 software is
hereby determined to be $77,525.00 and the
said amount shall be paid from the Fiscal Year
2004 Parking Construction Fund.
Passed, approved, and adopted this 17lh day
of May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Iowa Street Ramp Skywalk Improvement
Project: City Manager recommending
acceptance of the Iowa Street Ramp Skywalk
Project, as completed by Dubuque Glass
Company and Prostruct Construction, in the final
contract amount of $50,241.83, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 202-04
ACCEPTING IMPROVEMENT FOR THE IOWA
STREET RAMP SKYWALK PROJECT
Whereas, the contract for the Iowa Street
Ramp Skywalk Project has been completed and
the City Manager has examined the work and
filed his certificate stating that the same has
been completed according to the terms of the
contracts, plans, and specifications and
recommends its acceptance.
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 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 Fiscal Year 2004 Parking
Construction Fund in amounts equal to the
amount of this contract.
Passed, approved and adopted this 17'h day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 203-04
FINAL ESTIMATE FOR THE IOWA RAMP
SKYWALK PROJECT
Whereas, the contract for the Iowa Ramp
Skywalk Project with Dubuque Glass Company
and Prostruct Construction has been completed
and the Economic Development Director has
submitted his final estimate showing the cost
thereof inciuding the cost of estimates, notices
and inspection and ail miscellaneous costs:
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
182
Regular Session, May 17, 2004
Section 1. That the cost of said improvement
is hereby determined to be $50,241.83 and the
said amount shall be paid from the Fiscal Year
2004 Parking Construction Fund.
Passed, approved, and adopted this 17th day
of May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Community Development Financial Institution
(CDFI) Study: City Manager recommending
approval to enter into a contract with Paige
Chapel, co-funded by Dubuque Bank and Trust,
for the purpose of an initial assessment of the
feasibility of establishing a community
development financial institution (CDFI) in
Dubuque, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
Phase V - Architectural/Historic Survey
Consultant: City Manager recommending
approval of the seiection of Jim Jacobsen as the
consultant for Phase V of the
Architectural/Historic Survey which involves the
survey of Dubuque's oldest residential
neighborhoods adjacent to the downtown area,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0
RESOLUTION NO. 204-04
RESOLUTION APPROVING A CONTRACT
FOR PHASE V ARCHITECTURAL / HISTORIC
SURVEY / EVALUATION
Whereas, the State Historical Society of Iowa
has awarded the City of Dubuque a Certified
Local Government (CLG) grant to conduct a
Phase V Architectural/Historic
Survey/Evaluation of Dubuque's oldest
residential neighborhoods adjacent to the
downtown; and
Whereas, the City Council has budgeted funds
to conduct a Phase V Architectural/Historic
Survey/Evaluation; and
Whereas, the City Council has determined that
this project should be completed with assistance
from a qualified consultant.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
Section 1. That the City Council does hereby
award the contract for the Phase V
Architectural/Historic Survey/Evaluation to Jim
Jacobsen of History Paysl of Des Moines, Iowa.
Section 2. That the Planning Services
Manager is hereby authorized to negotiate and
sign a contract with History Pays! for this project
In an amount not to exceed $21,973.50.
Passed, approved and adopted this 17th day of
May 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Save America's Treasures Grant Application:
City Manager recommending approval of a Save
America's Treasures grant application in the
amount of $300,000 for the Dubuque Shot
Tower Rehabilitation Project, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7-0
RESOLUTION NO. 205-04
RESOLUTION AUTHORIZING SUBMITTAL OF
A GRANT APPLICATION FOR REHABIL-
ITATION OF THE DUBUQUE SHOT TOWER
Whereas, the National Park Service makes
historic preservation grants available to preserve
nationally significant historic structures: and
Whereas, the City of Dubuque has sufficient
matching funds for the Save America's
Treasures grant program; and
Whereas, the City and State of Iowa have
determined that the Dubuque Shot Tower is
nationally significantly: and
Whereas, the City has developed a plan for
the rehabilitation of the Dubuque Shot Tower.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authortzed to
sign the Save America's Treasures grant
application to the National Park Service.
Section 2. That the Planning Services
Manager is hereby authorized to submit the
grant application to the National Park Service.
Section 3. The City Manager is hereby
authorized to expend budgeted funds for the
locai match of $200,000.
Passed, approved and adopted this 17'" day of
May 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resoiution.
Seconded by Markham. Motion carried 7-0.
Water Meter Reading Contract Renewal: City
Manager recommending approval of a third five-
year renewal of the City of Dubuque water
meter-reading contract with Aquila effective July
1, 2004, presented and read. Buol moved that
the communication be received and filed and
approved recommendation for renewal of
contract. Seconded by Markham. Motion
carried 7-0.
Regular Session, May 17, 2004
183
Fiscal Year 2005 Annual Action Plan -
Amendment #1: City Manager recommending
approval of an amendment to the City's
Community Development Biock Grant (CDBG)
Fiscal Year 2005 Annual Pian to provide for
additional funding for the Community
Partnership (cp2) program, presented and read.
Buol moved that the communication be received
and filed. Seconded by Markham. Motion
carried 7-0
RESOLUTION NO. 206-04
RESOLUTION APPROVING AMENDMENT 1
TO THE FISCAL YEAR 2005 (PROGRAM
YEAR 2004) ANNUAL ACTION PLAN FOR
COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS.
Whereas, the City of Dubuque has prepared
and filed with the U.S. Department of Housing
and Urban Development an Annual Plan for
Fiscal Year 2005 (Program Year 2004), and
Whereas, the City now desires to amend said
FY 2005 Annual Plan to allocate funds as per
the attached Exhibit A: and
Whereas, said amendment is a non-
substantial amendment as provided in the City's
Citizen Participation Plan and must therefore be
approved by resolution of the City Council after
review by the Community Development Advisory
Commission: and
Whereas, the Community Development
Advisory Commission reviewed the proposed
amendment on May 12, 2004 and voted to
approve said amendment and to recommend
approval by the City Council.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Amendment 1 to the Fiscal
Year 2005 (Program Year 2004) Annual Plan for
the Community Development Block Grant
(CDBG) program hereto attached as Exhibit A is
hereby approved.
Section 2. That the City Manager is hereby
authorized and directed to submit a copy of this
resolution to the U. S. Department of Housing
and Urban Development.
Passed, approved and adopted this 17th day of
May 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Community Partnership (cp2) Program -
Fiscal Year 2005 Recommendation: City
Manager recommending approvai of the
Community Development Advisory
Commission's allocation of Community
Partnership Program (cp2) funds for Fiscal Year
2005, presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0
RESOLUTION NO 207-04
RESOLUTION AUTHORIZING THE AWARD
OF COMMUNITY PARTNERSHIP PROGRAM
(cp2) FUNDS FOR FISCAL YEAR 2005.
Whereas, under the provisions of Titie I of the
Housing and Community Development Act of
1974, as amended, the City of Dubuque has
received Community Development Block Grant
(CDBG) funds for the development and
maintenance of a viable urban community
through the provision of decent housing, a
suitable living environment and expanded
economic opportunities for its residents,
particularly those persons of low and moderate
income; and
Whereas, the Community Partnership Program
(cp2) was developed in the City of Dubuque in
response to the national goals and objectives of
the CDBG program: and
Whereas, guidelines for the implementation of
the Community Partnership Program (cp2) were
approved and amended by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council hereby
awards Community Partnership Program (cp2)
monies to the following organizations. The
award shaH consist of a grant to the organization
for the identified project and shall be for the
amount noted below:
Aoolicant
Proiect
Recommended
Elderly Home-based
$ 5,114
Kids Connection
$ 7,000
Ryan House
$17,580
Audubon Summer
$17,244
HEART
$30,000
Gannon Center Transportation / Mental Health
Skill Development $12,277
TOTAL $89,215
Section 2. That the City Manager be and he is
hereby authorized to develop and execute
contracts with representatives from the
aforementioned organizations in accordance
with the program guidelines established for the
Community Partnership Program and with the
regulations of the Community Development
Block Grant Program.
Section 3. That upon execution of said
contracts, the City Manager is hereby authorized
and directed to disburse program funds in
support of the approved projects and in
Visiting Nurse Assn.
Dental Program
St. Mark Community Center
Dubuque County Historical Soc.
Accessibility
Audubon Elementary School
School Reading Program
Four Oaks Inc of Iowa
184
Regular Session, May 17, 2004
accordance with the terms and conditions
established in said contracts.
Passed, approved and adopted this 17th day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Purchase of Property: City Manager
recommending approval of the purchase of a
residential dwelling located at 827 West 32"'
Street as part of the acquisition program
associated with expansion of the West 32"'
Street detention basin, presented and read.
Buol moved that the communication be received
and filed. Seconded by Markham. Motion
carried 7-0.
RESOLUTION NO. 208-04
A RESOLUTION APPROVING THE ACQUI-
SITION OF REAL ESTATE LOCATED AT 827
WEST 32"0 STREET, IN THE CITY OF
DUBUQUE
WHEREAS, the City of Dubuque intends to
acquire certain properties located in the area
adjacent to the West 32"" Street detention basin
for purposes of stormwater mitigation activities
as recommended in the 2001 HDR "Drainage
Basin Master Plan;" and
WHEREAS, a purchase agreement has been
finalized with the owners of the third property
scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
approves the acquisition of the following legally
described property:
Lot One (1) of One (1) of Seven (7) of Gillespie
Subdivision, in the City of Dubuque, County of
Dubuque, Iowa
At the cost of one hundred eighty-seven
thousand dollars ($187,000).
Section 2. That the City of Dubuque be and is
hereby authorized to accept a Quit Claim deed
from the owner, conveying the owner's interest
to the City of Dubuque, Iowa for the herein
described real estate.
Section 3. That the City Clerk be and she is
hereby authorized and directed to cause said
Quit Ciaim Deed to be recorded in the office of
the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Clerk be and she is
hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor
and the Dubuque County Auditor.
Passed, approved and adopted this 17th day
of May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Heartland Financial Downtown Rehab Loan:
City Manager recommending approval of a
Memorandum of Understanding with Heartland
Financial to provide certain financial assistance
for the rehabilitation of the former Walsh Store
Building, including a $300,000 Downtown
Rehabilitation Loan, presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-
0
RESOLUTION NO. 209-04
A RESOLUTION AUTHORIZING A LETTER
OF COMMITMENT AND ADDITIONAL
ACTIONS CONCERNING A DOWNTOWN
REHABILITATION LOAN TO HEARTLAND
FINANCIAL USA, INC.
Whereas, the City of Dubuque, Iowa, has
created a Downtown Rehabilitation Loan
Program for the purpose of stimulating
reinvestment in the Greater Downtown Urban
Renewal District; and
Whereas, the City of Dubuque, Iowa is
encouraging the use of this loan program to
finance code compliance activities and to spur
job creation activities; and
Whereas, the loan application from Heartland
Financial USA, Inc. meets the requirements of
this program; and
Whereas, a Commitment Letter, hereto
attached and by this reference made a part
hereof, sets forth the terms and conditions of
Heartland Financial USA, inc.'s participation in
the Downtown Rehabilitation Loan Program.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the application of Heartland
Financial USA, Inc. for participation in the
Downtown Rehabilitation Loan Program is
hereby accepted and approved.
Section 2. That the Mayor is hereby
authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, the
attached Commitment Letter and to forward said
letter to Heartland Financial USA, Inc. for review
and approval.
Section 3. That the City Manager be and he is
hereby directed to prepare, upon execution and
receipt of the attached Commitment Letter by
the applicant, the necessary loan documents in
accordance with the terms and conditions set
forth in said Commitment Letter.
Section 4. That the City Manager is hereby
authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, all
necessary loan documents and is further
authorized to disburse loan funds from the
Downtown Rehabilitation Loan Program, in
Regular Session, May 17, 2004
185
accordance with the terms and conditions of the
executed agreement.
Passed, approved and adopted this 17" day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Pv1. Michael Deutsch Resolution:
Communication from Terry L. Cox, City
Administrator of Harlan, Iowa, submitting a
resolution of sympathy and support in honor of
Pvt. Michael Deutsch, presented and read.
Michalski moved that the communication be
received and filed and directed Ihat a letter of
thanks be sent to the City of Harlan. Seconded
by Connors. Motion carried 7-0.
State Historical Society of Iowa;
Communication from the State Historical Society
of Iowa advising that the West Eleventh Street
Historic District and the Langworthy Historic
District will be considered by the State National
Register Nominations Review Committee for
nomination to the National Register of Historic
Places on June 11, 2004, presented and read.
Buol moved that the communication be received
and fiied. Seconded by Markham. Motion
carried 7-0
Business Licenses:
RESOLUTION NO. 210-04
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "B" BEER (5 - DAY SPECIAL EVENT)
Dubuque Jaycees Dubuque Jaycees
Hawthorne St Ext.
Dubuque Jaycees - Main
Main St Cul-de-Sac
Dubuque J~cees -Tent
North Lot 3 St overpass
Dubuque Jaycees-Tent B
North Lot 3" St overpass
Dubuque Jaycees-Tent C
North Lot 3" St overpass
Dubuque Jaycees-Tent D
North Lot 3" St overpass
Dubuque Rotary Club Dubuque Rotary Booth A
Dubuque Jaycees
Event
Dubuque Jaycees
A
Dubuque Jaycees
Dubuque Jaycees
Dubuque Jaycees
Amphitheater-Bell St
Dubuque Rotary Club Dubuque Rotary Booth B
Amphitheater-Bell St
Dubuque Jaycees Dubuque Jaycees -Tent A
Main St (6th to 8th)
Dubuque Jaycees-Tent B
Main St (6th to 8th)
Dubuque Jaycees Dubuque Jaycees-Tent C
Main St (6th to 8th)
CLASS "B" BEER
Prospect Pizza L TD Pizza HuH
(Sunday Sale) 2075 JFK Rd
Prospect Pizza L TD Pizza Hut+
(Sunday Sale) 320 E 20th St
CLASS "C" BEER PERMIT
Casey's Marketing Com Casey's General Store
#2420+(Sunday Sale) 2699 Rockdale
Casey's Marketing Com Casey's General Store
#2421 +(Sunday Sale) 4003 Peru Rd
Passed, approved and adopted this 17th day
of May, 2004.
Dubuque Jaycees
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 211-04
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE 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 appiicants a Liquor
License.
CLASS "A" (CLUB) LIQUOR LICENSE
Dubuque Golf & Country Club Dubuque Golf+
(Sunday/Outdoor Sale) 1800 Randall
CLASS "C" BEER/LIQUOR LICENSE
Patricia Broessel Corner Tap+
(Sunday Sale) 2093 Washington St
Tott's Tap Tott's Tap+
(Sunday Sale) 3457 Jackson St
Easy Street LLC Easy Street+
(Sunday Sale) 431 Rhomberg Ave
Clarke College Clarke College
(1 Day Outdoor Saie) 1550 Ciarke Dr
SPECIAL CLASS "C" LIQUOR LICENSE
Athenian Grill, Inc Athenian Grill
1091 University Av
Passed, approved and adopted this 17th day
of May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
186
Regular Session, May 17, 2004
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
PUBLIC HEARINGS
Michalski moved that the rules be suspended
to allow anyone present to speak. Seconded by
Nicholson. Motion carried 7-0.
Julien Dubuque Drive Planned Industrial
District: Proof of publicaUon on notice of hearing
to consider an amendment to the Julien
Dubuque Drive Planned Industrial District to
allow off-premise signs (billboards) in Zone A as
per Heavy Industrial bulk standards at the
request of Flint Drake/Bird Sign, Inc. and Zoning
Advisory Commission recommending denial,
presented and read. Buol moved that the proof
and communication be received and filed.
Seconded by Connors. Motion carried 7-0.
David Hartig, 1255 Southern and Wayne
Buchholz, Park Ranger for the IA DNR, spoke in
opposition to this proposed zoning amendment
Gene Bird, Bird Sign Co., spoke in support of
the proposed amendment.
An Ordinance Repealing Section E(3) of
Ordinance No. 17-84 and enacting a new
Section E(3) in lieu thereof pertaining to off-
premise signage requirements of the Julien
Dubuque Drive PI Planned Industrial District,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 31'()4
AN ORDINANCE REPEALING SECTION E(3)
OF ORDINANCE NO. 17-84 AND ENACTING A
NEW SECTION E(3) IN LIEU THEREOF
PERTAINING TO OFF-PREMISE SIGNAGE
REQUIREMENTS OF THE JULIEN DUBUQUE
DRIVE PI PLANNED INDUSTRIAL DISTRICT.
Whereas, Ordinance No. 17-84 was adopted
June 4, 1984 by the City Council establishing
the Julien Dubuque Drive PI Planned Industrial
District; and
Whereas, Bird Sign Company has requested
an amendment to the PUD Ordinance regulating
signage requirements in the PI Planned
Industrial District.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning
Ordinance) is hereby amended by repealing
Section E(3) of Ordinance No. 17-84 and
enacting a new Section E(3) in lieu thereof, as
follows:
Section E.
(3) Additional Standards:
(a) Signage shall be limited to one (1)
freestanding or wall-mounted sign per each 100
feet of lot frontage, not to exceed three signs per
industrial use.
(b) Sign area shall not exceed 100 square feet
per sign.
(c) Directional signs shall not exceed six (6)
square feet per sign. No maximum number of
directional signs is established.
(d) Off-premise signs shall only be allowed
within Parcel A. Off-premise signs shall be
regulated as per the HI Heavy Industrial off-
premise sign reguiations.
Section 2. That 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 17'" day of
May 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 21" day of May, 2004.
Jeanne F. Schneider, CMC, City Clerk
11 5/21
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 Connors. Carried by the following
motion: Yeas-Buol, Cline, Connors, Duggan,
Markham, Nicholson. Nays-Michalski.
Text Amendment - Greater Downtown Urban
Renewal District: Proof of publication on notice
of hearing to consider an amendment to the C-5
Business District to coincide with the Greater
Downtown Urban Renewal District regarding
regulation of off-street parking as requested by
the City of Dubuque and the Zoning Advisory
Commission recommending approval, presented
and read. Buol moved that the proof and
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
An Ordinance amending Section 3-3.5(G)(E)
of the City of Dubuque Code of Ordinances by
revising the off-street parking requirements in
the C-5 Business District, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 32-04
AN ORDINANCE AMENDING SECTION 3-
3.5{G)(E) OF THE CITY OF DUBUQUE CODE
OF ORDINANCES BY REVISING THE OFF-
STREET PARKING REQUIREMENTS IN THE
C-5 BUSINESS DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Regular Session, May 17, 2004
187
Section 1. That Section 3-5.5(G)(E) of the
Code of Ordinances is hereby amended by
revising the off-street parking requirements in
the C-5 Business District as follows:
(G) Parking Requirements.
(1) Surface off-street parking lots are
prohibited in the C-5 Business District, unless
approved by the City. Underground and
aboveground parking garages are allowed
provided they are an integral part of a new
building.
(E)
(2) Temporary surface parking lots are allowed
as part of a construction or redevelopment
project.
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 17th day of
May 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 21st day of May, 2004.
Jeanne F. Schneider, CMC, City Clerk
11 5/21
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetin9s 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 carried 7-0.
Sale of Park Property: Proof of publication on
notice of hearing to consider a request from
Jeffrey and Julie Ann Chase to purchase a
portion of Gay Park and City Manager
recommending approval, presented and read.
Cline moved that the proof and communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
Jeff Chase, 654 Kane, spoke requesting the
sale.
RESOLUTION NO. 212-04
RESOLUTION APPROVING PLAT OF LOT 1-3
AND LOT 2.3 OF GROMMERSCH PLACE
Whereas, there has been presented to the City
Councii of the City of Dubuque, Iowa, a plat
dated 14th day of Aprii, 2004, prepared by IIW
Engineers & Surveyors, PC describing the
proposed division of Gay Park (Lot 3 of
Grommersch Place).
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 14th day of
April, 2004, prepared by IIW Engineers &
Surveyors, PC 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 behaif of the City
of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby
authorized and directed to file said piat and
certified copy of this resolution in the office of
the Recorder in and for Dubuque County, Iowa.
Passed, approved and adopted this 17th day
of May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nichoison. Motion carried 7-0.
RESOLUTION NO. 213-04
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT 1-3 OF GROMMERSCH
PLACE, DUBUQUE, 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 this 7th day of May, 2004, the City
Councii of the City of Dubuque, Iowa met on the
17th day of May, 2004, at 6:30 p.m. in the Public
Library Auditorium, 360 West 11 Street,
Dubuque, Dubuque County, Iowa to consider
the proposal for the sale of real estate described
as:
Lot 1-3 of Grommersch Place 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 RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the saie of City of Dubuque
real property described as Lot 1-3 of
Grommersch Place in the City of Dubuque, Iowa
to Jeffrey and Julie Ann Chase be and the same
is hereby approved for the cost of surveying and
piattlng, plus cost of publication and filing fees.
Conveyance shall be by Quit Claim Deed.
Section 2. 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
Jeffrey and Julie Ann Chase upon receipt of the
purchase price in full.
Section 3. That the City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution in the offices of the City
188
Regular Session, May 17, 2004
Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 17th day
of May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Residential Parking Permit District: Proof of
publication on notice of hearing to consider
establishing a Residential Parking Permit District
on West 15th Street from Cornell Street to
Fairview Street, West 161h Street from Catherine
Street to Fairview Place, Cornell Street and
Picket Street as requested by the residents of
the area and City Manager recommending
approval, presented and read. Michalski moved
that the proof and communication be received
and filed. Seconded by Buol. Motion carried 7.
O.
Mary Ritt, 1531 Cornell St., Dave Schroeder,
1493 Corneli, Gary Schlosser, 1589 Cornell and
Dave Campbell, 569 W. 161h all spoke in favor of
this Residential Parking Permit District.
An Ordinance Amending the Code of
Ordinances of the City of Dubuque, Iowa, by
adopting a new Section 32-400 Providing for the
Designation of West 151h Street from Corneli
Street to Fairview Street, West 161h Street from
Catherine Street to Fairview Place, Cornell
Street, and Pickett Street as a Residential
Parking Permit District, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 33-04
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, BY ADOPTING A NEW SECTION 32-
400 PROVIDING FOR THE DESIGNATION OF
WEST 15TH STREET FROM CORNELL
STREET TO FAIRVIEW STREET, WEST 16TH
STREET FROM CATHERINE STREET TO
FAIRVIEW PLACE, CORNELL STREET, AND
PICKETT STREET AS A RESIDENTIAL
PARKING PERMIT DISTRICT
Whereas, Sections 32-381 through 32-393 of
the Code of Ordinances of the City of Dubuque,
Iowa, empowers the City Council to establish a
Residential Parking Permit District upon receipt
of a valid petition and the finding of certain
conditions; and
Whereas, a valid petition has been received to
declare an area described as follows as a
Residential Parking Permit District:
West 151h Street from Cornell Street to Fairview
Street, West 16th Street from Catherine Street
to Falrview Place, Comeli Street, and Pickett
Street
Whereas, the City Manager has caused a
parking study of the above identified area to be
conducted, and which study has established that
the area meets the criteria as established in
Section 32-383 of the Code of Ordinances of the
City of Dubuque, Iowa:
1. At least 80 percent (80%) of the curbside
parking spaces in the proposed Parking Permit
District were utilized during peak periods; and
2. At least 25 percent (25%) of the curbside
parking spaces in the proposed Parking Permit
District were utiiized by nonresident parkers; and
Whereas, the City Manager, based upon the
petition and the results of the parking study,
recommends to the City Council that the area be
designated as a Residential Parking Permit
District during the hours of 6 a.m. to midnight
daily, except Sundays and holidays; and
Whereas, the City Council pursuant to public
notice on May 7, 2004, in the City of Dubuque
Telegraph Herald, a newspaper of general
circulation, met in session on the 1ih day of
May, 2004, at 6:30 p.m. at the Carnegie Stout
Public Library, 360 111h Street, for the purpose of
hearing all interested persons and
representatives of organizations and to consider
any and all objections which have been filed to
the proposed designation of the above area as a
Residential Parking Permit District during the
hours of 6 a.m. to midnight except Sundays and
holidays; and
Whereas, all interested parties have been
given an opportunity to be heard and all
objections have been duly considered.
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That a petition containing the
required number of signatures and meeting the
intent and purpose of Section 32-381 through
32-393 of the Code of Ordinances of the City of
Dubuque, Iowa, has been received by the City of
Dubuque.
Section 2. That any and all objections to the
designation of the area as a Residential Parking
Permit District during the hours of 6 a.m. to
midnight daily, except Sundays and holidays be
and same are overruled.
Section 3. That the recommendation of the
City Manager based upon the petition and the
parking study to designate the area as a
Residential Parking Permit District during the
hours of 6 a.m. to midnight daily, except
Saturdays and holidays, is hereby approved and
accepted.
Section 4. That the Code of Ordinances of the
City of Dubuque, Iowa, be amended by enacting
the followin9 new Section 32-400:
SEC. 32-400. RESIDENTIAL PARKING
PERMIT DISTRICT G.
Regular Session, May 17, 2004
189
a) The following described area constitutes a
Residential Parking Permit District designated
as Residentiai Parking Permit "G".
West 15'h Street from Cornell Street to Fairview
Street, West 16'h Street from Catherine Street
to Fairview Place, Cornell Street, and Pickett
Street
b) No vehicles shall park curbside in
Residential Parking Permit District G during the
hours of six o'clock (6:00) A.M. to midnight,
except Sundays and holidays, without displaying
a vaiid parking permit issued by the City.
Passed, approved and adopted this 17'h day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Heraid
newspaper this 21" day of May, 2004.
Jeanne F. Schneider, City Clerk
11 5/21
Michalski moved that the requirement that the
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.
An Ordinance Amending Section 32-262(d) of
the Code of Ordinances of the City of Dubuque,
Iowa, prohibiting parking on designated streets
or portions thereof by adding May Place from
Cornell Street to its westerly terminus, presented
and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 34-04
AN ORDINANCE AMENDING SECTION 32-
262(d) OF THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA,
PROHIBITING PARKING ON DESIGNATED
STREETS OR PORTIONS THEREOF BY
ADDING MAY PLACE FROM CORNELL
STREET TO ITS WESTERLY TERMINUS
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the
City of Dubuque, Iowa, is amended by adding to
Subsection (d) of Section 32-262 the following:
May Place, from Cornell Street to its westerly
terminus
Passed, approved and adopted this 17'h day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
newspaper this 21" day of May, 2004.
Jeanne F. Schneider, CMC, City Clerk
11 5/21
Michalski moved that the requirement that the
proposed Ordinances 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.
Tax Increment Revenue Bonds - Lower Main
Development, L.L.C.: Proof of publication on
notice of hearing to consider the issuance of not
to exceed $185,000 in urban renewal tax
increment revenue bonds to support Lower Main
Development, LLC.'s redevelopment of the
former Weber Paper Company Building and City
Manager recommending approval, presented
and read. Markham moved that the proof and
communication be received and filed.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 214-04
RESOLUTION INSTITUTING PROCEEDINGS
TO TAKE ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED $185,000
URBAN RENEWAL TAX INCREMENT
REVENUE NOTES
WHEREAS, pursuant to notice published as
required by law, this Council has held a public
meeting and hearing upon the proposal to
institute proceedings for the issuance of not to
exceed $185,000 Urban Renewal Tax Increment
Revenue Notes for the purpose of 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 Greater
Downtown Urban Renewal District, including the
funding of an economic development grant to
Lower Main Development, L.LC. under the
terms of a Development Agreement dated April
19,2004 between the City of Dubuque and said
developer, 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:
Section 1. That this Council does hereby
institute proceedings and takes additional acüon
for the sale and issuance in the manner required
by law of not to exceed $185,000 Urban
Renewal Tax Increment Revenue Notes for the
foregoing purpose.
PASSED AND APPROVED this 17th day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
190
Regular Session, May 17, 2004
RESOLUTION NO. 215-04
A RESOLUTION AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OF 182,000
URBAN RENEWAL TAX INCREMENT
REVENUE NOTES, TAXABLE SERIES 2004,
OF THE CITY OF DUBUQUE, IOWA, AND
PROVIDING FOR THE SECURING OF SUCH
NOTES FOR THE PURPOSE OF CARRYING
OUT AN URBAN RENEWAL PROJECT IN
THE AREA OF THE CITY OF DUBUQUE,
IOWA DESIGNATED AS THE GREATER
DOWNTOWN URBAN RENEWAL DISTRICT
WHEREAS, the City Council of the City ,of
Dubuque, Iowa (the "City" or the "Issue~') has
heretofore, by Resolution No. 170-04 of this City
Council approved on April 19, 2004, adopted an
Urban Renewal Plan (the "Urban Renewai
Plan") under which plan there is to be carried out
urban renewai project activities in an area
designated as the Greater Downtown Urban
Renewal District (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 $185,000, and
provisions must now be made by the City to
provide for the payment of such costs by the
issuance of Notes: and
WHEREAS, the City has heretofore adopted
Ordinance Nos. 30-82 and 66-89, each as
previously amended, under Section 403.19 of
the Code of Iowa (collectively, the "Ordinance"),
under which the taxes levied on the taxable
property in the Project Area shail be divided, and
a special fund created under the authority of
Section 403.19(2) of the Code of Iowa, as
amended (which special fund is hereinafter
referred to as the "Greater Downtown 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, inciuding 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 activities undertaken within the
Project Area, and pursuant to which Ordinance
such Revenue Fund may be irrevocably piedged
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
$182,000 Urban Renewal Tax Increment
Revenue Notes has heretofore been duly
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 Notes to the amount of $182,000
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 derived 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. in addition to the
defined terms set forth in the preambles hereof,
the following terms shall have the following
meanings in this Resolution unless the text
expressly or by necessary implication requires
otherwise:
+ "Clerk" shall mean the City Clerk or such
other officer 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;
+ "Develope~' shall mean Lower Main
Development, L.L.C., an Iowa limited liability
company;
+ "Development Agreement" shall mean the
Development Agreement dated as of April 19,
2004 by and between the City and the
Developer, as amended from time to time;
+ "Development Property" shall mean that
portion of the Project Area being deveioped by
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 the Development Agreement;
+ "Fiscal Yea~' 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
Council of the City, or its successor in function
with respect to the operation and control of the
Project Area;
+ "Greater Downtown Urban Renewal Tax
Increment Revenue Fund" or "Revenue Fund"
means the special fund of the City 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:
Regular Session, May 17, 2004
. "Independent Auditor" shall mean an
independent firm of Certified Pubiic Accountants
or the Auditor of State:
. "Issue(' and "City" shall mean the City of
Dubuque, Iowa;
. "Lower Main Development TIF Account"
means a separate account to be established
within the Greater Downtown Urban Renewal
Tax Increment Revenue Fund of the City, in
which there shall be deposited all Tax
Increments received by the City in respect of the
Minimum Improvements and the Development
Property:
. "Minimum Improvements" shall mean the
capital investment by the Developer of not less
than $2 million in building improvements,
equipment, furniture and fixtures on the
Development Property in accordance with the
terms of the Development Agreement;
. "Notes" or "Note" shall mean the $182,000
Urban Renewal Tax Increment Revenue Note,
Taxable Series 2004, authorized to be issued by
this Resolution;
. "Original Purchase(' shall mean Dubuque
Bank & Trust Company, Dubuque, Iowa, as the
purchaser of the Note 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 shall carry
out the duties prescribed herein as Issuer's
agent to provide for the payment of principal of
and interest on the Note as the same shall
become due;
. "Project Area" shall mean the Greater
Downtown Urban Renewal District of the Issuer,
as amended from time to time;
. "Project Fund" or "Construction Account"
shall mean the fund required to be established
by this Resolution for the deposit of the
proceeds of the Note;
. "Registra(' 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 prescribed herein with
respect to maintaining a register of the owners
of the Note. Unless otherwise specified, the
Registrar shall also act as Transfer Agent for the
Note;
. "Tax Increments" means the property tax
revenues divided and made available to the City
for deposit in the Greater Downtown Urban
Renewal Tax Increment Revenue Fund under
the provisions of Section 403.19 of the Code
and the Ordinance;
. "Treasure(' 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 Note issued
hereunder.
191
Section 2. Authoritv. The Note authorized by
this Resolution shall be issued pursuant to
Section 403.9 of the Code of Iowa, and in
compliance with all applicabie provisions of the
Constitution and laws of the State of Iowa.
Section 3. Authorization Puroose Aooroval of
Purchase Aoreement and Disbursements.
There are hereby authorized to be issued,
negotiable, serial, fully registered Urban
Renewal Tax Increment Revenue Note, Taxable
Series 2004, of the City of Dubuque, in the
County of Dubuque, State of Iowa, in the
aggregate amount of $182,000 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 Greater Downtown Urban Renewal
District, including the funding of an economic
development grant to Lower Main Development,
L.L.C. under the terms of a Development
Agreement dated Aprii 19, 2004 between the
City of Dubuque and said developer.
The Purchase Agreement between the City
and the Original 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
appropriate.
On the date of issuance of the Note, proceeds
of the Note in the amount of $155,000 shall be
drawn upon and deposited in the Project Fund
and held in such fund until disbursed to the
Developer in accordance with the Development
Agreement and applied to costs of issuance of
the Note. In addition to such amount the
aggregate sum of $26,347.19 shali be
withdrawn by the Treasurer on December 30,
2004, June 30, 2005, December 31, 2005 and
June 30, 2006 (in the respective amounts set
forth in the Purchase Agreement) and deposited
in the Sinking Fund established in Section 16
hereof and thereafter appiied to the payment of
interest on the Note on said dates.
Section 4. Source of Pavment. As provided
and required by Chapter 403 of the Code of
Iowa, and Section 403.9, the Note and interest
thereon shall be payable from and secured
solely and only by amounts deposited and held
from time to time in the Lower Main
Development TIF Account of the City. The City
hereby covenants and agrees to maintain the
Ordinance in force durin9 the term of the Notes
and to apply the Tax Increments collected In
respect of the Development Property and the
Minimum improvements located thereon and
allocated to the Lower Main Development TIF
Account to the payment of the principal of and
interest on the Notes. The Notes shall not be
192
Regular Session, May 17,2004
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 Notes 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 law relating to the
authorization, issuance or sale of bonds.
The Notes 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 Note issued hereunder or
the security therefor, such Notes shall be
conciusiveiy 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. Note Details. Urban Renewal Tax
Increment Revenue Notes of the City in the
amount of $182,000 shall be issued pursuant to
the provisions of Section 403.9 of the Code of
Iowa for the aforesaid purpose. The Notes shall
be designated "URBAN RENEWAL TAX
INCREMENT REVENUE NOTE, TAXABLE
SERIES 2004", be dated as of the date of
delivery, and bear interest from the date of
disbursement of the proceeds thereof at the rate
of 8% per annum, until payment thereof, at the
office of the Paying Agent, and shall mature in
the principal amounts set forth on the
disbursement and repayment schedule attached
to the Purchase Agreement as Exhibit A and
incorporated herein by this reference. As set
forth on said schedule, principal shall be payable
on December 31, 2006 and semiannually
thereafter on the last business day of June and
December of each year in the amounts set forth
therein until principal and interest are fully paid,
except that the final installment of the entire
baiance of principal and interest, if not sooner
paid, shall become due and payable on June 29,
2016.
The Note shall be executed by the manual
signature of the Mayor and attested by the
manual signature of the City Clerk, and
impressed with the seal of the City and shall be
fully registered as to both principal and interest
as provided in this Resolution; principal, interest
and premium, II any shall be payable at the
office of the Paying Agent by mailing of a check
to the registered owner of the Note. The Note
shall be in the denomination of $1,000 or
multiples thereof and shall, at the request of the
Original Purchaser, be issued initially as a single
Note in the principal amount of $182,000 and
numbered R-1.
Section 6. Redemotion. The principal of the
Note 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 certified mail, to
the registered owner of the Note. The terms of
redemption shall be par, plus accrued interest to
date of call.
Section 7. Reaistration of Notes' Aooointment
of Reaistrar' Transfer' Ownershio' Deliverv' and
Cancellation.
(a) Reaistration. The ownership of Notes may
be transferred only by the making of an entry
upon the books kept for the registration and
transfer of ownership of the Notes, and in no
other way. The Treasurer is hereby appointed
as Note Registrar under the terms of this
Resolution. Registrar shall maintain the books
of the Issuer for the registration of ownership of
the Notes for the payment of principal of and
interest on the Notes as provided in this
Resolution. All Notes 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 Notes and in this
Resolution.
(b) Transfer. The ownership of any Note may
be transferred only upon the Registration Books
kept for the registration and transfer of Notes
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 identification number of such
transferee (or, if registration is to be made in the
name of multiple individuals, of all such
transferees). In the event that the address of
the registered owner of a Note (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 Note, a new fully registered
Note, of any denomination or denominations
permitted by this Resolution in aggregate
principal amount equal to the unmatured and
unredeemed principal amount of such
transferred fully registered Note, and bearing
interest at the same rate and maturing on the
same date or dates shall be delivered by the
Registrar.
(c) Reaistration of Transferred Notes. In all
cases of the transfer of the Notes, the Registrar
shall register, at the eartiest practicable time, on
the Registration Books, the Notes, in
accordance with the provisions of this
Resolution.
(d) Ownershio. As to any Note, the person in
whose name the ownership of the same shall be
Regular Session, May 17,2004
193
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 Notes 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 vaiid
and effectual to satisfy and discharge the liability
upon such Note, including the interest thereon,
to the extent of the sum or sums so paid.
(e) Cancellation. All Notes which have been
redeemed shall not be reissued but shall be
cancelled by the Registrar. All Notes which are
cancelled by the Registrar shall be destroyed
and a certificate of the destruction thereof shall
be furnished promptly to the Issuer; provided
that if the Issuer shall so direct, the Registrar
shall forward the cancelled Notes to the Issuer.
(f) Non-Presentment of Notes. In the event
any payment check representing payment of
principal of or interest on the Notes 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 Notes shall have been
made available to the Paying Agent for the
benefit of the owner thereof, all liability of the
Issuer to the owner thereof for such interest or
payment of such Notes shall forthwith cease,
terminate and be completely discharged, and
thereupon it shall be the duty of the Paying
Agent to hold such funds, without liabiiity for
interest thereon, for the benefit of the owner of
such Notes 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 Notes. The Paying Agent's obligation
to hoid such funds shall continue for a period
equal to two years interest or principal became
due, whether at maturity, or at the date fixed for
redemption thereof, or otherwise, 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 Notes of whatever nature shall
be made upon the Issuer.
Section 8. Reissuance of Mutilated
Destroved Stolen or Lost Notes. In case any
outstanding Note shall become mutilated or be
destroyed, stolen or lost, the Issuer shall at the
request of Registrar authenticate and deliver a
new Note of like tenor and amount as the Note
so mutilated, destroyed, stolen or lost, in
exchange and substitution for such mutilated
Note to Registrar, upon surrender of such
mutilated Note, or in iieu of and substitution for
the Note destroyed, stolen or lost, upon filing
with the Registrar evidence satisfactory to the
Registrar and Issuer that such Note has been
destroyed, stolen or lost and proof of ownership
thereof, and upon furnishing the Registrar and
Issuer with satisfactory indemnity and complying
with such other reasonable reguiations as the
Issuer or its agent may prescribe and paying
such expenses as the Issuer may incur in
connection therewith.
Section 9. Record Date. Payments of
principal and interest, otherwise than upon full
redemption, made in respect of any Note, 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 Notes to the extent
of the payments so made. Payment of principai
shall only be made upon surrender of the Note
to the Paying Agent.
Section 10. Execution Authentication and
Deliverv of the Notes. Upon the adoption of this
Resolution, the Mayor and Clerk shall execute
and deliver the Notes to the Registrar, who shall
authenticate the Notes and deliver the same to
or upon order of the Original Purchaser. No
Note shall be valid or obligatory for any purpose
or shall be entitled to any right or benefit
hereunder unless the Registrar shall duly
endorse and execute on such Note a Certificate
of Authentication substantially in the form of the
Certificate herein set forth. Such Certificate
upon any Note executed on behalf of the Issuer
shall be conclusive evidence that the Note so
authenticated has been duly issued under this
Resolution and that the holder thereof is entitled
to the benefits of this Resolution.
Section 11. Rioht to Name Substitute Pavina
Aaent or Reoistrar. Issuer reserves the right to
name a substitute, successor Registrar or
Paying Agent upon giving prompt written notice
to each registered Noteholder.
Section 12. Form of Note. Notes shall be
printed in substantial compliance with standards
proposed by the American Standards institute
substantially in the form as follows:
194
Regular Session, May 17, 2004
c:::::œ:=:::J
~
c:::::œ:=:::J
~
(1)
c:::m:=:J c=m:=::J c::=::N:::J c:m::::::::J
(9)
(9.)
I
(10)
(Co",in",d on tho book ofthi, Nolo)
I
1I1)(1¿)(UI
{14'
{I'I
FIGURE I
(Fronl)
(10) (16)
(Continuod)
FIGURE 2
(Book)
Regular Session, May 17, 2004
195
The text of the Notes 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 NOTE"
"TAXABLE SERIES 2004"
[TAXABLE FOR FEDERAL INCOME TAX
PURPOSES]
Item 2, figure 1 ; Rate: 8.00%
Item 3, figure 1 ; Maturity: As described
herein
Item 4, figure 1 ; Note Date: Date of Delivery
Item 5, figure 1 ; Cusip No.: N/A
Item 6, figure 1 ; "Registered"
Item 7, figure 1 ; Certificate No. R-1
Item 8, figure 1 ; Principal Amount: $182,000
Item 9, figure 1 ; The City of Dubuque, Iowa, a
municipal corporation organized and existing
under and by virtue of the Constitution and laws
of the State of Iowa (the "Issue~'), for value
received, promises to pay from the source and
as hereinafter provided, to:
Dubuque Bank & Trust Company
Dubuque, Iowa
(the "Lender")
Item 10, figure 1 ; or registered assigns, the
principal sum of (principal amount written out)
THOUSAND DOLLARS in lawful money of the
United States of America, on the maturity dates
described herein, only 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 of disbursement of the proceeds hereof
until paid at the rate per annum specified above,
payable on December 31, 2004, and
semiannually thereafter on the last business day
of June and December of each year until
maturity as hereinafter provided.
This Note shall mature in the principal
amounts set forth on the disbursement and
repayment schedule attached hereto as Exhibit
A and incorporated herein by this reference. As
set forth on said schedule, principal shall be
payable on December 31, 2006 and
semiannually thereafter on the iast business day
of June and December 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, shaH become due
and payabie on June 29, 2016.
Interest and principal shali be paid to the
registered holder of the Note 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 tweive 30-day months.
THE ISSUER DOES NOT INTEND OR
REPRESENT THAT THE iNTEREST ON THIS
NOTE WILL BE EXCLUDED FROM GROSS
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 NOTE
THEREFORE SHOULD TREAT THE
INTEREST THEREON AS BEING SUBJECT
TO FEDERAL INCOME TAXATION.
This Note is issued pursuant to the provisions
of Section 403.9 of the Code of Iowa, as
amended, for the purpose of paying costs of
aiding in the planning, undertaking and carrying
out of urban renewal project activities under the
authority of Chapter 403 of the Code of Iowa
and the Urban Renewal Plan for the Greater
Downtown Urban Renewal District, including the
funding of an economic development grant to
Lower Main Development, LL.C. (the
"Develope~') under the terms of a Development
Agreement dated April 19, 2004 between the
City of Dubuque and said Developer, in
conformity to a Resolution of the Council of said
City duly passed and approved (the
"Resolution"). This Note is not an indebtedness
within the meaning of any statutory provisions,
or a general obligation of the City.
This Note evidences a straight line of credit.
Once the total amount of principal has been
advanced, Issuer is not entitled to further ioan
advances. Advances under this Note, as well as
directions for payment from issuer's accounts,
may be requested orally or in writing by Issuer or
by an authorized person. Lender may, but need
not, require that all oral requests be confirmed in
writing. Issuer agrees to be iiable for all sums
either: (A) advanced in accordance with the
instructions of an authorized person or (B)
credited to any of Issue~s accounts with Lender.
The unpaid principal balance owing on this Note
at any time may be evidenced by endorsements
on this Note or by Lender's intemal records,
including daily computer print-outs. Lender will
have no obligation to advance funds under this
Note if: (A) Issuer or any guarantor is in default
under the terms of this Note or any agreement
that Issuer or any guarantor has with Lender,
including any agreement made In connection
with the signing of this Note; (B) Issuer or any
guarantor ceases doing business or is insolvent:
(C) any guarantor seeks, claims or otherwise
attempts to limit, modify or revoke such
guaranto~s guarantee of this Note or any other
ioan with Lender; (D) Issuer has applied funds
provided pursuant to this Note for purposes
other than those authorized by Lender; or (E)
Lender in good faith believes itself insecure.
196
Regular Session, May 17, 2004
This Note 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 certified
mail, to the registered owner of the Note. The
terms of redemption shall be par, plus accrued
interest to date of call.
Ownership of this Note may be transferred
only by transfer upon the books kept for such
purpose by the City Treasurer, the Registrar.
Such transfer on the books shall occur only
upon presentation and surrender of this Note ,at
the office of the Registrar, 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 right to substitute the Registrar and
Paying Agent but shall, however, promptly give
notice to registered Noteholders of such change.
All Notes 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 Note Resolution.
This Note, as provided in the Resolution of
which notice is hereby given and is hereby made
a part hereof, is payable from and secured
solely and only by a pledge of the tax increment
revenues collected in respect of the Develope~s
property located within the Greater Downtown
Urban Renewal 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 ("incrementai taxes"). There has
heretofore been established and the City
covenants and agrees that it will maintain in
force an ordinance providing for the division of
incremental taxes within the Project Area and
for the establishment of a sinking fund to meet
the principal of and interest on this Note as the
same becomes due. This Note 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 for 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 Note, have been existent, had, done and
performed as required by law.
IN TESTIMONY WHEREOF, said City by its
City Council has caused this Note 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 Notes
described in the within mentioned
Resolution, as registered by the City
Treasurer.
CITY TREASURER
By:
Registrar
Item 13, figure 1 = Registrar and Transfer
Agent: City Treasurer
Paying Agent: City Treasurer
Item 14, figure 1 = (Seal)
Item 15, figure 1 = [Signature Block]
CITY OF DUBUQUE, IOWA
By: Mavor's manual sianature
Mayor
ATTEST:
By: City Clerk's manual sianature
City Clerk
Item16,figure2= It is certified 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 Note is a part.
(manual sionature)
City Clerk
[Opinion of Bond Counsel]
Item 17, figure 2 = [Assignment Block]
[Information Required for Registration]
ASSIGNMENT
For value received, the undersigned hereby
sells, assigns and transfers unto
(Social Security or Tax Identification No.
) the within Note and does hereby
constitute and appoint
attorney in fact to transfer the
said Note on the books kept for registration of
the within Note, with full power of substitution in
the premises.
Dated:
(Person(s) executing this Assignment sign(s)
here)
SIGNATURE)
GUARANTEED)
IMPORTANT - READ CAREFULLY
The signature(s) to this Power must correspond
with the name(s) as written upon the face of the
certificate(s) or bond(s) in every particular
without alteration or enlargement or any change
whatever. Signature guarantee must be
provided in accordance with the prevailing
standards and procedures of the Registrar and
Transfer Agent. Such standards and
procedures may require signature to be
guaranteed by certain eligible guarantor
institutions that participate in a recognized
signature guarantee program.
irrevocably
INFORMATION REQUIRED
REGISTRATION OF TRANSFER
Name of Transferee(s)
FOR
Regular Session, May 17, 2004
197
Address of Transferee(s)
Social Security or Tax
Identification Number of
Transferee(s)
Transferee is a(n):
Individual'
Corporation
Partnership
Trust
'If the Note is to be registered in the names of
multiple 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 Note, shall be
construed as though written out in full according
to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of
survivorship and not as tenants in 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. Eouality of Lien. The timely
payment of principal of and interest on the Notes
shall be secured equally and ratably by the Tax
Increments collected and allocated to the Lower
Main Development TIF Account without priority
by reason of number or time of sale or delivery;
and the Tax Increments collected and allocated
to the Lower Main Development TIF Account
are hereby irrevocably pledged to the timely
payment of both principal and interest as the
same become due.
Section 14. Application of Note Proceeds.
Proceeds of the Note 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 Note 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.
Section 15. Tax Levv. After its adoption, a
copy of this Resolution shall be filed in the office
of the County Auditor of Dubuque County to
evidence the pledging of a portion of the Greater
Downtown Urban Renewal Tax Increment
Revenue Fund and the portion of taxes to be
paid into the Lower Main Development 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 Note, as follows:
Amount of Principal Fiscal Year
(July 1 to June 30)
and Interest Year of Collection
$26,348 2005/2006
13,350 2006/2007
13,350 2007/2008
13,350 2008/2009
13,350 2009/2010
13,350 2010/2011
13,350 2011/2012
13,350 2012/2013
13,350 2013/2014
13,350 2014/2015
13,167 2015/2016
Section 16. Application of Revenues. From
and after the delivery of the Note, and as long as
the Note shall be outstanding and unpaid either
as to principal or as to interest, or until the Note
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 Lower Main
Development TIF Account and shall be
disbursed only as follows:
(a) Sinkino Fund. There is hereby established
and shall be maintained a special fund within the
Lower Main Development TIF Account from
which interest and principal on the Note will be
paid. The fund shall be known as the Lower
Main Development 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 Note 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 year.
Money shall next be deposited into the Principal
Account of the Sinking Fund to an amount equal
to the principal falling due in each fiscal year.
Money in the Sinking Fund shall be used solely
198
Regular Session, May 17, 2004
for the purpose of paying principal of and
interest on the Note, as the same shall become
due and payable.
(b) Surclus Revenue. All revenues thereafter
remaining in the Lower Main Development TIF
Account shall be deposited to remedy any
deficiency in any of the funds created by this
Resolution, or may be used to payor 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 payor
redeem the Notes 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 obligations 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 time by FDIC or its
equivaient successor in anyone 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 politicai subdivision thereof which
are rated by Moody's Investors Service or
Standard & Poo~s Corporation at a rating
classification equal to or better than the rating
carried by the Notes 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 provided. 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 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 derived from such investments shall
be deposited in the Lower Main Development
TIF Account and shall be regarded as revenues
thereof. Such investments shall at any time
necessary be liquidated and the proceeds
thereof applied to the purpose for which the
respective fund was created.
Section 17. Covenants Reaardina the
Ooeration of the Proiect Area. The Issuer hereby
covenants and agrees with each and every
holder of the Notes:
(a) Maintenance in Force. The Issuer will
maintain the Urban Renewal Plan and the
Ordinance in force and will cause the
incrementai taxes from the Development
Property and Minimum improvements to be
levied annually and certfied to the County
Auditor in an amount not less than the principal
and interest falling due within the year, and
applied as provided in this Resolution, uniess
the Notes are paid or sufficient provision for their
payment is made. Provided, however, that to
the extent that amounts are on hand and are
sufficient to meet the payments required to be
made and to maintain a sufficient balance in
each fund as required by this Resolution, the
Issuer may abate the levy of incremental taxes
in any year.
(b) Accountino and Audits. 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 160 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
Notes shall have at all reasonable times the right
to inspect the Issuer's records, accounts and
data of the Issuer relating to the Revenue Fund
or the Lower Main Development TIF Account.
(c) State Laws. The Issuer will faithfully and
punctually perform all duties with reference to
the Urban Renewal Plan required by the
Constitution and laws of the State of Iowa, and
will segregate the revenues of the Project Area
and apply said revenues to the funds as
specified in this Resolution.
(d) Amendments. The Issuer reserves the
right 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 Note.
Section 18. Remedies of Noteholders. Except
as herein expressly iimited the holder or hoiders
of the Notes shall have and possess all the
rights of action and remedies afforded by the
common law, the Constitution and statutes of
the State of Iowa, and of the United States of
America, for the enforcement of payment of their
Notes and interest thereon, and of the pledge of
the revenues made hereunder, and of all
covenants of the Issuer hereunder.
Section 19. No Prior Lien or Paritv Notes. 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
Lower Main Development TIF Account having
priority over the Note or standing on a parity
therewith with respect to the lien and claim of
such additional obligations to the revenues
thereof and the money on deposit in the funds
created in this Resoiution, without the written
consent of the Original Purchaser or other
registered holder of the Note. The Issuer
reserves the right to issue other obligations
Regular Session, May 17, 2004
199
payable from the Tax Increments collected in
respect of other properties within the Project
Area, without notice to or consent of the Original
Purchaser.
Section 20. Discharoe and Satisfaction of
Notes. The covenants, liens and pledges
entered into, created or Imposed pursuant to this
Resolution may be fully discharged and satisfied
with respect to the Note in anyone or more of
the following ways:
(a) By paying the Note 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
exciusively 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 obligations outstanding at the time,
together with the interest thereon to maturity or
to the designated redemption date, premiums
thereon, if any that may be payable on the
redemption of the same; provided that proper
notice of redemption of all such obligations to be
redeemed shall have been previously published
or provisions shall have been made for such
publication.
Upon such payment or deposit of money or
securities, or both, in the amount and manner
provided by this Section, all iiability of the Issuer
with respect to the Notes shall cease, determine
and be completely discharged, and the holders
thereof shail be entitled only to payment out of
the money or securities so deposited.
Section 21.Resolution a Contract. The
provisions of this Resolution shall constitute a
contract between the Issuer and the holder or
holders of the Note, and after the issuance of
any of the Note 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 Note, and interest due
thereon, shall have been satisfied and
discharged as provided in this Resolution.
Section 22. Modification of Resolution. This
Resolution may be amended from time to time if
such amendment shall have been consented to
by holders of not less than two-thirds in principal
amount of the Notes at any time outstanding
(not including in any case any Notes which may
then be held or owned by or for the account of
the Issuer, but including such Refunding Notes
as may have been issued for the purpose of
refunding any of such Notes if such Refunding
Notes 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 maturity or
interest rate of the Notes, or modify the terms of
payment of principal of or interest on the Notes
or any of them or impose any conditions with
respect to such payment:
(b) Materially affect the rights of the holders of
less than all of the Notes then outstanding; and
(c) Reduce the percentage of the principal
amount of Notes, the consent of the holders of
which is required to effect a further amendment.
Whenever the Issuer shall propose to amend
this Resolution under the provisions of this
Section, it shall cause notice of the proposed
amendment to be filed with the Original
Purchaser or to be mailed by certified mail to
any other registered owner of the Note as shown
by the records of the Registrar. Such notice
shall set forth the nature of the proposed
amendment and shall state that a copy of the
proposed amendatory Resolution is on file in the
office of the City Clerk.
Whenever at any time within one year from the
date of the mailing of said notice there shall be
filed with the City Clerk an instrument or
instruments executed by the holders of at least
two-thirds in aggregate principal amount of the
Notes 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 Notes.
Any consent given by the holder of a Note
pursuant to the provisions of this Section shall
be irrevocabie for a period of six months from
the date of the instrument evidencing such
consent and shall be conclusive and binding
upon all future holders of the same Note 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 officer.
The amount and numbers of the Notes 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
200
Regular Session, May 17, 2004
company showing that on the date therein
mentioned such person had on deposit with
such bank or trust company the Notes 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 provisions.
Section 24. Re"oeal of Conflictinq Ordinances
or Resolutions and Effective Date. All other
ordinances, resolutions and orders, or parts
thereof, in conflict with the provisions of this
Resolution are, to the extent of such conflict,
hereby repeaied: and this Resolution shall be in
effect from and after its adoption.
Passed and approved this 17th day of May,
2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Ciine. Motion carried 7-0.
Operations and Service Center Construction
Project: Proofs of publication on notice of
hearing on plans and specifications and notice
to bidders on the receipt of bids, and City
Manager recommending that the public hearing
on the Operations and Service Center
Construction Project be tabled to June 7, 2004,
presented and read. Cline moved to table the
public hearing on this to 6/7/04 at a meeting to
commence at 6:30 P.M. in the public library
auditorium and that the City Clerk publish notice
in the manner prescribed by law. Seconded by
Nicholson. Motion carried 7-0.
26~ Street Storm Sewer Extension Project:
Proofs of publication on notice of hearing on
plans and specifications and notice to bidders on
the receipt of bids, and City Manager
recommending award of the contract for the 261h
Street Storm Sewer Extension Project to Drew
Cook & Sons Excavating Co., Inc., in the
amount of $28,902.80, presented and read.
Cline moved that the proofs and communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 216-04
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 21" day of April, 2004, plans,
specifications, form of contract and estimated
cost were filed with the City Clerk of Dubuque,
Iowa for the 261h Street Storm Sewer Extension
Project.
Whereas, notice of hearing on pians,
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 17th day
of May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 217-04
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the 26~ Street
Storm Sewer Extension Project pursuant to
Resolution No. 163-04 and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa on the 23" day of April, 2004.
Whereas, said sealed proposals were opened
and read on the 6th day of May, 2004, and it has
been determined that the bid of Drew Cook &
Sons Excavating, inc. of Dubuque, Iowa, in the
amount of $28,902.80 was the lowest bid for the
furnishings of all labor and materiais 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 Drew Cook & Sons Excavating,
Inc. 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
approvai 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 171h day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Ciine moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
2004 Asphalt Paving Project: Proofs of
publication on notice of hearing on plans and
spec~ications and notice to bidders on the
receipt of bids, and City Manager recommending
award of the contract for the 2004 Asphalt
Paving Project to River City Paving, in the
amount of $1,206,117.13, presented and read.
Buol moved that the proofs and communication
be received and filed. Seconded by Markham.
Motion carried 7-0.
Regular Session, May 17, 2004
201
RESOLUTION NO. 218-04
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 141h day of April, 2004, plans,
specifications, form of contract and estimated
cost were filed with the City Clerk of Dubuque,
Iowa for the 2004 Asphalt Paving Project (Fiscai
Year 2005).
Whereas, notice of hearing on pians,
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 17th day
of May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 219-04
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the 2004 Asphalt
Paving Project (Fiscal Year 2005) pursuant to
Resolution No. 166-04 and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa on the 23" day of April, 2004.
Whereas, said sealed proposals were opened
and read on the 61h day of May, 2004, and it has
been determined that the bid of River City
Paving, A Division of Mathy Construction, of
Kieler, Wisconsin in the amount of
$1,206,117.13 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 River City Paving, A Division of
Mathy Construction, 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 17th day
of May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Concrete Section Repair and Overlay of
Samuel Street: Proofs of publication on notice
of hearing on plans and specifications and
notice to bidders on the receipt of bids, and City
Manager recommending award of the contract
for the Samuel Street Repair Project to River
City Paving, in the amount of $110,204.20,
presented and read. Cline moved that the proofs
and communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 220-04
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 141h day of April, 2004, plans,
specifications, form of contract and estimated
cost were filed with the City' Clerk of Dubuque,
Iowa for the Concrete Section Repair & Overlay
of Samuei Street.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 17th day
of May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 221-04
AWARDING CONTRACT
Whereas, seaied proposais have been
submitted by contractors for the Concrete
Section Repair and Overlay of Samuel Street
pursuant to Resolution No. 160-04 and notice to
bidders pubiished in a newspaper published in
the City of Dubuque, iowa on the 23" day of
April,2004.
Whereas, said sealed proposals were opened
and read on the 61h day of May, 2004, and it has
been determined that the bid of River City
Paving, A Division of Mathy Construction, of
Kieler, Wisconsin, in the amount of $110,204.20
was the lowest bid for the furnishings of all labor
and materials and performin9 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 River City Paving, A Division of
202
Regular Session, May 17, 2004
Mathy Construction, 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 17'" day of
May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0.
with Nicholson temporarily out of the room.
Michalski moved to reinstate the rules iimiting
discussion to the Council. Seconded by
Connors. Motion carried 7-0.
ACTION ITEMS
Grandview Avenue Parkway Demolition
District: Historic Preservation Commission
recommending City Council approval of the
establishment of the Grandview Avenue
Parkway Demolition District: Communication
from Rosemary Kieffer, 70 North Grandview
Avenue, in opposition to the proposed
demolition district; Communication of Sheila
and Erich Vierkant in opposition to the
Grandview Avenue Demolition District and
requesting that the City Council allow public
input regarding the issue;
Communication of Alfred E. Hughes, 150
South Grandview Avenue, in opposition to the
proposed demolition district; Communication of
Marvin R. Heiderscheit submitting petitions of
residents who have changed their position
regarding the proposed demolition district and
those in opposition to the district and requesting
that citizen input be allowed on the issue:
Communication of Tammy Pfab requesting that
she or Joan Belcastro be allowed to address the
Council regarding the proposed demolition
district, communication from Chris Wand,
Historic Preservation Commission Chair,
requesting this item be withdrawn from the
Agenda and an Ordinance Amending Chapter
11 (Building Regulations) of the City of Dubuque
Code of Ordinances by amending Section 11-
4(a) to establish the Grandview Avenue
Parkway Demolition District, presented and
read. Markham moved that the communications
be received and filed and directed that this item
not be pulled from the Agenda. Seconded by
Buol. Carried by the following vote: Yeas-Buol,
Cline, Connors, Duggan, Markham. Nays-
Michalski, Nicholson.
Markham moved to deny the requested
establishment of the Grandview Avenue
Parkway Demolition District. Seconded by Buol.
Carried by the following vote: Yeas-Buol, Cline,
Connors, Duggan, Markham. Nays-Michalski,
Nicholson.
Establishment of Fair Market Value - Eunice
and James Newman; City Manager
recommending approvai of the establishment of
the fair market value of the Eunice and James
Newman property needed for right-of-way for the
realignment of University Avenue from Ethel
Street to US 20 at the entrance to Theisen's,
presented and read. Nicholson moved that the
communication be received and filed. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 222-04
ESTABLISHING FAIR MARKET VALUE FOR
THE ACQUISITION OF CERTAIN REAL
PROPERTY OWNED BY JAMES E. NEWMAN
IN THE CITY OF DUBUQUE, IOWA FOR THE
UNIVERSITY AVENUE EXTENSION PROJECT
Whereas, the City of Dubuque (City) intends to
acquire certain real property owned by James E.
Newman (Owner) legally described as follows;
Lot 1 of Newman Place in the City of Dubuque,
Dubuque County, Iowa
as shown on Attachment A for the University
Avenue Extension Project (the Project):
Whereas, Iowa law requires the City to make a
good faith effort to negotiate with the Owner to
purchase the Property interests before
proceeding with acquisition of property by
condemnation; and,
Whereas, the City may not make an offer to
purchase the Property which is less than the fair
market value that the City has established for
the Property: and,
Whereas, the City has caused an appraisal of
the Property to be made and the appraised
value of the Property is $67,000; and,
Whereas, the City Council now desires to
establish the fair market value of the Property.
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA, AS FOLLOWS:
Section 1. That the fair market value of the
Property is established to be $67,000.
Section 2. The City Manager and Corporation
Counsel are hereby authorized to commence
negotiations with the Owner of the Property and
any other interested parties in the purchase of
the Property for a purchase price that is not less
than the fair market value established by this
resolution.
Passed, adopted and approved this 17th day
of May, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Nicholson moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Regular Session, May 17, 2004
203
Tax Increment Ordinance for the Greater
Downtown Urban Renewal District: City
Manager recommending approval of a tax
increment ordinance for the Greater Downtown
Urban Renewal District to assist future public
and private development efforts in the downtown
and riverfront area, presented and read. Buol
moved that the communication be received and
flied. Seconded by Michalski. Motion carried 7-
O.
An Ordinance Amending Ordinance Nos. 30-
82 and 66-89, each as previously amended,
providing that general property taxes levied and
collected each year on all property located within
the Greater Downtown Urban Renewal District
of the City of Dubuque, County of Dubuque,
State of Iowa, by and for the benefit of the State
of Iowa, City of Dubuque, County of Dubuque,
Dubuque Community School District, and other
taxing districts, be paid to a special fund for
payment of principal and interest on loans,
monies advanced to and indebtedness,
including bonds issued or to be issued, incurred
by said City in connection with the Urban
Renewal Plan for the Greater Downtown Urban
Renewal District, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 35-04
AN ORDINANCE AMENDING ORDINANCE
NOS. 30-82 AND 66-89, EACH AS
PREVIOUSLY AMENDED, PROVIDING THAT
GENERAL PROPERTY TAXES LEVIED AND
COLLECTED EACH YEAR ON ALL
PROPERTY LOCATED WITHIN THE
GREATER DOWNTOWN URBAN RENEWAL
DISTRICT OF THE CITY OF DUBUQUE,
COUNTY OF DUBUQUE, STATE OF IOWA,
BY AND FOR THE BENEFIT OF THE STATE
OF IOWA, CITY OF DUBUQUE, COUNTY OF
DUBUQUE, DUBUQUE COMMUNITY
SCHOOL DISTRICT, AND OTHER TAXING
DISTRICTS, BE PAID TO A SPECIAL FUND
FOR PAYMENT OF PRINCIPAL AND
INTEREST ON LOANS, MONIES ADVANCED
TO AND INDEBTEDNESS, INCLUDING
BONDS ISSUED OR TO BE ISSUED,
INCURRED BY SAID CITY IN CONNECTION
WITH THE URBAN RENEWAL PLAN FOR
THE GREATER DOWNTOWN URBAN
RENEWAL DISTRICT
WHEREAS, the City Council of the City of
Dubuque, Iowa (the "City") has heretofore, in
Ordinance No. 30-82, provided for the division of
taxes within the originai Downtown Dubuque
Urban Renewal Project, Iowa R-15, described in
Resolution No. 123-67 adopted on May 18,
1967, pursuant to Section 403.19 of the Code of
Iowa; and
WHEREAS, the original Downtown Dubuque
Urban Renewai Project, Iowa R-15,
subsequently was amended by Resolution No.
79-71 approved on March 15, 1971, by
Resolution No. 73-74 approved on March 11,
1974, by Resolution No. 107-82 approved on
May 3, 1982, by Resolution No. 191-84
approved on June 25, 1984, by Resolution No.
371-93 approved on December 6, 1993, by
Resolution No. 145-94 approved on May 2,
1994, by Resolution No. 479-97 approved on
November 17, 1997, by Resolution No. 476-98
approved on October 19, 1998 and by
Resolution No. 187-02 approved on April 1,
2002, which amendments, among other things,
added areas referred to as the Old Main
Subarea, Town Clock Expansion Subarea and
Upper Main Subarea to the area of the
Downtown Dubuque Urban Renewal District:
and
WHEREAS, consistent with the foregoing
amendments, Ordinance No. 30-82
subsequently was amended by Ordinance Nos.
23-94, 36-94, 67-97, and 26-02 to provide for
the division of taxes within the several subareas
of the amended Downtown Dubuque Urban
Renewal District; and
WHEREAS, the City Council of the City has
heretofore, in Ordinance No. 66-89, provided for
the division of taxes within the original Ice
Harbor Urban Renewal District, described in
Resolution No. 403-89 adopted on December
18, 1989, pursuant to Section 403.19 of the
Code of Iowa: and
WHEREAS, the original Ice Harbor Urban
Renewal District subsequently was amended by
Resolution No. 241-00 approved on June 5,
2000 and by Resolution 114-02 approved on
March 4, 2002, which amendments, among
other things, added an additional area referred
to as Subarea B to the area of the Ice Harbor
Urban Renewal District; and
WHEREAS, consistent with the foregoing
amendment, Ordinance No. 66.89 subsequently
was amended by Ordinance No. 97-00 to
provide for the division of taxes within the two
subareas of the amended Ice Harbor Urban
Renewal District: and
WHEREAS, the original Downtown Dubuque
Urban Renewal District and the original Ice
Harbor Urban Renewal District and their
respective Subareas have been combined into a
single urban renewai area, under the terms of an
Urban Renewal Plan for the Greater Downtown
Urban Renewai District, pursuant to Resolution
No. 170-04 adopted on April 19, 2004; and
WHEREAS, indebtedness has been Incurred
by the City, and additional indebtedness is
anticipated to be incurred in the future, to
finance urban renewal project activities within
the combined area known as the Greater
Downtown Urban Renewal District (the "Greater
Downtown Urban Renewal District"), and the
continuing needs of redevelopment within the
204
Regular Session, May 17, 2004
Greater Downtown Urban Renewal District are
such as to require the continued application of
the incremental tax resources of the Greater
Downtown Urban Renewal District; and
WHEREAS, the following enactment is
necessary to accomplish the objectives
described In the premises.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Ordinance No. 30-82, as amended by
Ordinance Nos. 23-94, 36-94, 67-97, and 26-02,
and Ordinance No. 66-89, as amended by
Ordinance No. 97-00, are hereby amended to
read as follows:
Section 1: For purposes of this Ordinance, the
following terms shall have the following
meanings:
(a) Oriainal Town Clock Subarea shall mean
that portion of the Amended Project Area initially
described in the Urban Renewal Plan for the
Downtown Dubuque Urban Renewal Project,
Iowa R-15, approved by Resolution No. 123-67
on May 18, 1967, which Original Town Clock
Subarea includes the lots and parcels located
within the area now legally described as foHows:
Beginnin9 at the intersection of the north right-
of-way iine of Ninth Street with the east right-of-
way line of Central Avenue: thence south along
the east right-of-way line of Centrai Avenue to its
intersection with the south right-of-way line of
Fourth Street; thence west along the south right-
of-way line of Fourth Street to its intersection
with the west right-of-way line of Locust Street;
thence north along the west right-of-way line of
Locust Street to its intersection with the north
right-of-way line of Ninth Street; thence east
along the north right-of-way line of Ninth Street
to its intersection with the east right-of-way line
of Central Avenue which is the point of
beginning
(b) Old Main Subarea shall mean that portion
of the Amended Project Area initially described
in the Amended and Restated Urban Renewal
Plan for the Downtown Dubuque Urban Renewal
District approved by Resolution No. 145-94 on
May 2, 1994, which Old Main Subarea includes
the lots and parcels located within the area
legaHy described as follows:
Beginning at the intersection of the south right-
of-way line of Fourth Street with the east right-
of-way line of Central Avenue; thence west
alon9 the south ri9ht-of-way line of Fourth Street
to the west right-of-way line of Locust Street;
thence south along the west right-of-way line of
Locust Street to the north right-of-way line of the
Locust Street Connector; thence east along the
north right-of-way line of the Locust Street
Connector to the west right-of-way line of
Highways 151/61; thence north aiong the west
right-of-way line of Highways 151/61 to the point
of beginning.
(c) Town Clock ExDansion Subarea shall
mean that portion of the Amended Project Area
initially described in the Amended and Restated
Urban Renewal Plan for the Downtown Dubuque
Urban Renewal District approved by Resolution
No. 479-97 on November 17,1997, which Town
Ciock Expansion Subarea includes the lots and
parcels located within the area legally described
as follows:
South 1/2 of City Lot 167, City Lot 168 and City
Lot 168A; Lots 1 & 2 of City Lots 204, 205, 206,
207 and 208, N. 23' of City Lot 263, S. 28.5' of
City Lot 263, N. 1/2 of City Lot 262, S. 1/2 of City
Lot 262, N. 1/2 of City Lot 261, all in Section 24,
Township 89 North, Range 2 East, 5th P.M.,
Dubuque County, Iowa and any adjoining public
right-of-way.
(d) UoDer Main Subarea shaH mean that
portion of the Amended Project Area initially
described in the Amended and Restated Urban
Renewal Plan for the Downtown Dubuque Urban
Renewal District approved by Resolution No.
187-02 on April 1, 2002, which Upper Main
Subarea includes the lots and parcels located
within the area legaHy described as follows:
On the North by Fourteenth Street, on the West
by Locust Street, on the South by the Town
Clock Expansion Subarea and on the East by
Central Avenue, including all public rights-of-
way.
(e) Ice Harbor Subarea A shaH mean that
portion of the Amended Project Area initially
described in the Urban Renewal Plan for the Ice
Harbor Urban Renewal District approved by
Resolution No. 403-89 on December 18, 1989,
which Ice Harbor Subarea A includes the lots
and parcels located within the area legally
described as follows:
that area generally bounded on the north by the
public aHey located between the vacated Fourth
Street and Third Street, on the west by the
Chicago, Central and Pacific Railroad right-of-
way, on the south by East First Street and on
the east by the municipal limits of the City of
Dubuque, iowa and including any adjoining
public right-of-way.
(I) Ice Harbor Subarea B shall mean that
portion of the Amended Project Area initially
described in the Amended and Restated Urban
Renewal Plan for the Ice Harbor Urban Renewal
District approved by Resolution No. 241-00 on
June 5, 2000, which Ice Harbor Subarea B
inciudes the lots and parcels located within the
area legally described as follows:
that area generally bounded on the north and
west by the Chicago, Central and Pacific
Railroad right-of-way, on the south by the
northeriy boundary of the Ice Harbor Subarea A
and on the east by the municipal limits of the
City of Dubuque, Iowa (excluding Lot 1 Adams
Co.'s 2nd Addition) and including any adjoining
pubiic right-of-way
Regular Session, May 17, 2004
205
(g) Amended Proiect Area shall mean the areas
of the City of Dubuque, Iowa included within the
Original Town Clock Subarea, the Old Main
Subarea, the Town Clock Expansion Subarea,
the Ice Harbor Subarea A and the Ice Harbor
Subarea B, each as described in this Section.
(h) Urban Renewal Plan shall mean the Urban
Renewal Plan for the Greater Downtown Urban
Renewal District, approved by Resoiution No.
170-04 on April 19, 2004, as the same may be
amended from time to time.
Section 2: The taxes levied on the taxable
property in the Amended Project Area, legally
described in Section 1 hereof, by and for the
benefit of the State of Iowa, City of Dubuque,
County of Dubuque, Dubuque Community
School District, and all other taxing districts from
and after the effective date of this Ordinance
shall be divided as hereinafter in this Ordinance
provided.
Section 3: As to the Original Town Clock
Subarea, that portion of the taxes which would
be produced by the rate at which the tax is
levied each year by or for each of the taxing
districts taxing property in the Original Town
Clock Subarea upon the total sum of the
assessed value of the taxable property in the
Original Town Clock Subarea as shown on the
assessment roll as of January 1, 1966, being the
assessment roll last equalized prior to the date
of the initial adoption of the Urban Renewal Pian
for the Downtown Dubuque Urban Renewal
Project, Iowa R-15, shall be allocated to and
when collected be paid into the fund for the
respective taxing district as taxes by or for said
taxing district into which ali other property taxes
are paid. The taxes so determined shali be
referred herein as the "base period taxes" for
such subarea.
As to the Old Main Subarea, base period taxes
shall be computed in the same manner using the
total assessed value shown on the assessment
roll as of January 1, 1993, being the assessment
roll as of January 1 of the calendar year
preceding the effective date of Ordinance No.
23-94.
As to the Town Ciock Expansion Subarea,
base period taxes shall be computed in the
same manner using the total assessed value
shown on the assessment roll as of January 1,
1996, being the assessment roll as of January 1
of the calendar year preceding the effective date
of Ordinance No. 67-97.
As to the Upper Main Subarea, base period
taxes shall be computed in the same manner
using the total assessed value shown on the
assessment roll as of January 1, 2001, being the
assessment roll as of January 1 of the calendar
year preceding the effective date of Ordinance
No. 26-02.
As to the ice Harbor Subarea A, base period
taxes shall be computed in the same manner
using the total assessed value shown on the
assessment roll as of January 1, 1988, being the
assessment roll as of January 1 of the calendar
year preceding the effective date of Ordinance
No. 66-89.
As to the Ice Harbor Subarea B, base period
taxes shall be computed in the same manner
using the total assessed value shown on the
assessment roll as of January 1, 1999, being the
assessment roll as of January 1 of the calendar
year preceding the effective date of Ordinance
No. 97-00.
Section 4: That portion of the taxes each year
in excess of the base period taxes for the
Amended Project Area, determined for each
subarea thereof as provided in Section 3 of this
Ordinance, shall be allocated to and when
collected be paid into the special tax increment
fund previously established by the City of
Dubuque to pay the principal of and interest on
ioans, monies advanced to, or indebtedness,
whether funded, refunded, assumed or
otherwise, including bonds issued under
authority of Section 403.9 or Section 403.12 of
the Code of Iowa, incurred by the City of
Dubuque, Iowa to finance or refinance, in whole
or in part, urban renewal projects undertaken
within the Amended Project Area pursuant to
the Urban Renewal Plan, except that taxes for
the reguiar and voter-approved physical plant
and equipment levy of a school district imposed
pursuant to Section 298.2 of the Code of iowa
(but only to the extent required under Section
403.19{2)) and taxes for the payment of bonds
and interest of each taxing district shali be
collected against all taxable property within the
Amended Project Area without any limitation as
hereinabove provided.
Section 5: Unless or until the total assessed
valuation of the taxable property in the subareas
of the Amended Project Area exceeds the total
assessed value of the taxable property in said
subareas shown by the assessment rolls
referred to in Section 3 of this Ordinance, all of
the taxes levied and collected upon the taxable
property in the Amended Project Area shall be
paid into the funds for the respective taxing
districts as taxes by or for the taxing districts in
the same manner as all other property taxes.
Section 6: At such time as the loans, monies
advanced, bonds and interest thereon and
indebtedness of the City of Dubuque referred to
in Section 4 hereof have been paid, all monies
thereafter received from taxes upon the taxable
property in the Amended Project Area shall be
paid into the funds for the respective taxing
districts in the same manner as taxes on ali
other property.
Section 7: All ordinances or parts of
ordinances in conflict with the provisions of this
Ordinance are hereby repealed. The provisions
of this Ordinance are intended and shall be
206
Regular Session, May 17, 2004
construed so as to continue the division of taxes
from property within the Amended Project Area
under the provisions of Section 403.19 of the
Code of Iowa, as authorized in Ordinance Nos.
30-82 and 66-89, as amended by Ordinance
Nos. 23-94, 36-94, 67-97, 26-02 and 97-00. In
the event that any provision of this Ordinance
shall be determined to be contrary to law it shall
not affect other provisions or application of this
Ordinance which shall at all times be construed
to fully invoke the provisions of Section 403.19
of the Code of Iowa with reference to the
Amended Project Area and the territory
contained therein.
Section 8: This Ordinance shall be in effect
after its final passage, approval and publication
as provided by law.
Passed, approve and adopted this 17'" day of
May, 2004.
/s/ Terrance M. Duggan, Mayor
Attest: /s/ Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
Newspaper the 21" day of May, 2004.
Is/ Jeanne F. Schneider, CMC, City Clerk
1t 5/21
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 Michalski. Motion carried 7-0.
"No Wake" Zone: Communication of Michael
Woodyard, Commodore of the Julien Dubuque
Yacht Club, requesting a "no wake" zone in the
Mississippi River from the Julien Dubuque
Bridge to the railroad swing and City Manager
response to Michael Woodyard, Commodore of
the Julien Dubuque Yacht Club, presented and
read. Cline moved that the communication be
received and filed and referred to the City
Manager. Seconded by Michalski. Motion
carried 7-0.
Point of Service Plan: City Manager submitting
information regarding the Point of Service health
care plan recently adopted by the City's Health
Care Committee, presented and read. Buol
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 7-
O.
COUNCIL MEMBER REPORTS
Michalski mentioned an article in the Chicago
Tribune about the upcoming Grand Excursion
which mentioned Dubuque. Nicholson
congratulated the City Staff on all phases of the
welcome and security for the recent visit of
President Bush. Duggan commended staff on
the Utility Billing changes.
At 7:42 P.M. Buol moved to go into Closed
Session re: Pending Litigation and Property
Acquisition - Chapter 21.5(1 )(c){j) 2003 Code of
Iowa. Seconded by Markham. Motion carried
7-0.
At 7:59 P.M. Council reconvened regular
session stating staff had been given proper
direction.
There being no further business, Michalski
moved to adjourn. Seconded by Buol. Motion
carried 7-0. The meeting adjourned at 8:00
P.M.
1t5/26
/s/ Jeanne F. Schneider, CMC
City Clerk
Approved:
2004
Z?~44¿~¿?ß~
C' Clerk