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2001 December Council Proceedings Special Session, December 3, 2001 395 . DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, December 3, 2001 Council met for dinner at 4:30 P.M. In the Library Rotunda Council met in Special Session at 5:00 P.M. in the Library Auditorium Present Mayor Duggan, Council Members Buol, Cline - by electronic means, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the special session of the City Council called for the purpose of receiving an update on the Master Plan for the Port of Dubuque. . William Baum, Economic Development Director, and Bob Kost of URS/SRW and Ann Ricker of Leland Consulting Group, the consuiting firms for the Fourth Street Peninsula, all spoke giving an update of progress in this area. There being no further business, Michaiski moved to adjourn. Seconded by Nicholson. Motion carried 7-0. The meeting adjourned at 6:23 P.M. Is! Jeanne F. Schneider City Clerk . ----- . APproved:~~~ Adopted: .~ Council Members 2002 2002 Alles' , ) !.:Z'%~/.;r; -a!'~e'X:: . dijc:;~c- City Clerk 396 Regular Session, December 3, 2001 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, December 3, 2001 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline - by electronic means, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsei Barry Lindahl. Mayor Duggan read the call and stated this is the reguiar session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. Invocation was given by Reverend Dr. Duane Larson, President of Wartburg Theoiogical Seminary. CONSENT ITEMS Minutes Submilled: Airport Commission of 10/22,11/11 & 12; 11/15, and 11/18; Building Code Board of Appeals of 11/13; Cable TV Regulatory Commission of 11/14; City Council Proceedings of 11/13 and 11/19; Community Development Advisory Commission of 11/8; Enterprise Zone Commission of 11/15; Five Fiags Commission of 11/19; Housing Code Appeals Board of 10/16; Park and Recreation Commission of 11/13, presented and read. Michalski moved that the minutes be received and filed. Seconded by Nichoison. Motion carried 7-0. Proof of publication of City Council Proceedin9s of 11/5/01, presented and read, Michalski moved that the proof be received and filed. Seconded by Nicholson. Motion carried 7- O. Notice of Claims/Suits: Carla Deutmeyer in estimated amount of $478.78 for personal injury; Dubuque Rescue Mission in undetenmined amount for property damage; Dubuque Thunderbirds in estimated amount of $705.00 for missing property; Kenneth M. Metz in estimated amount of $2,429.75 for vehicle darnage; Gerald Runde in estimated amount of $159.00 for property damage, presented and read. Michalski moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel adVising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Randy Gracheck for Hank's Specialties for vehicie damage, presented and read. Michalski moved that the communication be received and filed and concurred. Seconded by Nichoison. Motion carried 7-0. Corporation Counsel recommending selllement of the claim of Dale A. Hirsch for vehicle damage in the amount of $175.00 and that the Finance Director be directed to issue payment, presented and read. Michalski moved that the communication be received and filed and concurred. Seconded by Nicholson. Motion carried 7-0. Citizen Communications: Communication from Emily Frye, Isaiah Warnake, Abbie Sudmeier and Mall Klinkhammer of Dubuque Senior High School regarding the issue of smoking in publiC facilities in Dubuque, presented and read. Michalski moved that the communication be received and filed and referred to the City Manager. Seconded by Nichoison. Motion carried 7-0. Communication from Walt Pregler, 2966 Shiras Avenue, regarding the plans for opening of Main Street; and City Manager providing a response, presented and read. Michalski moved that the communications be received and filed. Seconded by Nichoison. Motion carried 7-0. Communication of David S. Hartig requesting to purchase a portion of City-owned property located on Old Mill Road, presented and read. Michalski moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Industrial Park Land Sales: City Manager providing a wntten response to questions from Bud Isenhart regarding industrial park land sales, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7 -a. Mr. Isenhart spoke questioning the usage of TIF monies and the diversion of money from the School Board and County residents. City Manager Van Milligen responded clarifying various issues. Council Member Michalski commended Mr. Isenhart for raising good points and allowing informative responses. Sullon Pool Tank Painting - Acceptance: City Manager recommending acceptance of the Sullon Pool Tank Painting Project in the final Regular Session, December 3, 2001 397 . cantract ameunt .of $43,051, presented and read. Michalski meved that the cammunicatien be received and filed. Secended by Nichelsen. Metion carried 7-0. . RESOLUTION NO. 509-01 ACCEPTING IMPROVEMENT WHEREAS, the centract fer the Painting Sutten Peel Tank Preject has been campleted and the City Manager has examined the werk and filed his certificate stating that the same has been campleted accerding ta the terms .of the cantract, plans and specificatiens and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, by the City Cauncil .of the City .of Dubuque, lewa, that the recemmendatien .of the City Manager be appreved 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 te the centracter from the General Fund in amaunt equal te the ameunt .of his centract, less any retained percentage provided fer therein. Passed, approved and adepted this 3rd day .of December, 2001. Terrance M. Duggan, Mayer Attest: Jeanne F. Schneider, City Clerk Michalski meved adeptien .of the Resolutien. Secended by Nicheisen. Metien carried 7-0. RESOLUTION NO. 510-01 FINAL ESTIMATE WHEREAS, the centract far the Painting Sutten Pool Tank Preject has been cempleted and the Engineer has submitted his final estimate shewing the cest thereef including the cest .of estimates, netices and inspectien and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council .of the City .of Dubuque, lewa: Sectien 1. That the cest .of said improvement is hereby determined te be $43,051.00, and the said ameunt shall be paid frem the General Fund .of the City .of Dubuque, lewa. Passed, approved and adepted this 3rd day .of December, 2001. Terrance M. Duggan, Mayer Attest: Jeanne F. Schneider, City Clerk Michalski meved adeptien .of the Reselutien. Secanded by Nichelsen. Metien carried 7-0. . Oak Meadew Secend Additien - Acceptance .of Public Imprevements: City Manager recommending acceptance of the public imprevements that Jim Steck Realty and Censtructien has cempleted in Oak Meadew Secand Addltian, presented and read. Michalski moved that the communication be received and filed. Secended by Nichelsen. Metien carried 7- O. RESOLUTION NO, 511-01 ACCEPTING IMPROVEMENTS IN OAK MEADOW SECOND ADDITION - PHASE 3 (DEERWOOD CIRCLE) Whereas, pursuant te Reselutian Na. 87-01, certain public improvements including sanitary sewer and watermain were installed by the develeper .of Oak Meadew Secend Additian - Phase 3 (Deerweed Circle). Whereas, the improvements have been cempleted and the City Manager has examined the werk and has filed a certificate stating that the same has been cempleted in accerdance with the plans approved by the City Ceuncil and in canfermance with City specificatiens, and has recemmended that the Imprevements be accepted by the City Ceuncil. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectien 1. That the recammendation .of the City Manager be approved and that said sanitary sewer and watermain improvements in Oak Meadew Secend Additien - Phase 3 (Deerweed Circle) be and the same is hereby accepted. Sectien 2. That all sanitary sewer and watermain fixtures shall be adjusted te final grade by the centracter andler .owner when the street paving is placed and backfilled. Section 3. That maintenance .of said public improvements shall be the responsibility .of the cantracter and the .owner fer a peried .of \we years frem this date. Passed, appreved and adepted this 3" day .of December, 2001. Terrance M. Duggan, Mayer Attest: Jeanne F. Schneider, City Clerk Michalski meved adeptien .of the Reselutian. Secended by Nichelsen. Metien carried 7-0. Natienal Histeric Landmark Status fer the Shet Tewer: City Manager recemmending that the Planning Services Department retain a censultant te prepare an applicatien far Natianal Histeric Landmark status for the Shet Tewer, presented and read. Michalski meved that the cemmunicatien be received and filed and appreved recemmendatien. Secended by Nichelsen. Metien carried 7-0. Environmental Stewardship Advisery Cemmissien: Jehn S. Sennett submitting his resignation fram the Environmental Stewardship Advisory Commission effective December 5, 2001, presented and read. Michalski meved that the cemmunlcatien be received and filed. Secended by Nichelson. Metien carried 7-0. Dubuque Ceunty Supervisors - Abstract .of Vates: Dubuque Caunty Beard .of Supervisers submitting the "Abstract .of Vetes" fer the City's 398 Regular Session. December 3, 2001 general election held on November 6, 2001, presented and read. ABSTRACT OF VOTES DUBUQUE COUNTY, IOWA We, the undersigned Members of the Board of Supervisors, and Ex-officio Board of County Canvassers, for Dubuque County, hereby certify the following to be a true and correct abstract of the votes cast in the Regular Municipal Election held on the 6'" day of November, 2001, as shown by the tally lists retumed from the several election precincts. For the Office of Dubuque City Council at Large with one to be elected there were ten thousand nine hundred seventy.four (10,974) votes cast, as follows: Shirley Lange received five thousand one hundred eighty-two (5,182) votes. Daniel E. Nicholson received five thousand seven hundred fifty-eight (5,758) votes. Scatter received thirty-four (34) votes. We therefore declare Daniei E. Nicholson duly elected to the Office of Dubuque City Council - At Large for the term of four years. For the Office of Dubuque City Council - Ward One with one to be elected there were three thousand twenty-seven (3,027) votes cast as follows: John Markham received two thousand three hundred ninety (2,390) votes. Lou Oswaid received six hundred twenty-eight (628) votes. Scattering received nine (9) votes. We therefore declare John Markham duly elected to the Office of DUbuque City Council - Ward One for the term of four years. For the Office of DUbuque City Council - Ward three with one to be elected there were two thousand five hundred ninety-nine (2,599) votes cast as follows: Joyce Connors received one thousand three . hundred seventy (1,370) votes. Del Robey received one thousand two hundred twenty (1,220) votes. Scattering received nine (9) votes. We therefore declare Joyce Connors duly elected to the Office of Dubuque City Council - Ward Three for the term of four years. For the Office of Mayor of Dubuque one to be eiected there were eleven thousand four hundred two (11,402) votes cast, as follows: Terry Duggan received eight thousand five hundred ninety-one (8,591) votes. Ann E.Michaiski received two thousand seven hundred eighty-three (2,783) votes. Scattering received twenty-eight (28) votes. We therefore declare Terry Duggan duly elected to the office of Mayor of Dubuque for the term of four years. iN TESTIMONY WHEREOF, We have set our hands and caused this to be attested by the Dubuque County Auditor and Commissioner of Elections with the seal of Dubuque County. Done at Dubuque, Iowa, the county seat of this County this thirteenth day of November, 2001. Isl Alan Manternach, Member Is/ Donna Smith, Member Isl Jim Waller, Chair ISI Denise M. Dolan, County Auditor and Clerk of the Board of Supervisors (Seal) Michalski moved that this Abstract of Votes be made a matter of record. Seconded by Nicholson. Motion carried 7-0. U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Development advising of a new policy for the Community Development Block Grant (CDBG) Program regarding timely expenditure requirements of the program and follow-up communication from the U.S. Department of Housing and Urban Development, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. Gaming Referendum Legislation: Communication of City Manager to area iegislators regarding gaming referendum legislation, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. Iowa League of Cities: Communication from LaMetta K. Wynn, President of the Iowa League of Cities, appointing the City Manager to the Policy Committee of the League, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Business Licenses: RESOLUTION NO. 512-01 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. New Bricktown Brewery I Underground Cooper Management Company 299 Main St Stone Wall Lounge Passed, approved and adopted this 3rd day of December, 2001 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Regular Session, December 3, 2001 399 . Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 513-01 BEER 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 Malo Oil Company Big 1 0 Mart + (Sunday Sale) 9'h & Central Passed, approved and adopted this 3rd day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. . RESOLUTION NO. 514-01 LIQUOR 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 applicants a Liquor License. . CLASS "C' (COMERCIAL) BEER/LIQUOR LICENSE Bowling & Beyond Dubuque, Inc. Bowling & Beyond + (Sunday/Outdoor Saie) 1660 Hawthome Cooper Management Company Underground Night Club, Black Water Grill 299 Main St Stonewall Lounge, Brick Town Brewery + (Sunday Sale) Passed, approved and adopted this 3rd day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. BOARDSICOMMISSIONS InteNiew for the following Board/Commission: Environmental Stewardship Advisory Commission (One unexpired term through 10/01/04). Applicant: John Nemmers. No one spoke. Appointment to the following Commission: Community Development Advisory Commission (One unexpired term through 2115104 - Census Tract 3 - Currently vacant). Applicant: Richard J. Sullivan. Michalski moved that Mr. Sullivan be appointed to the unexpired term which will expire 2/15/04. Seconded by Nicholson. Motion carried 7-0. PUBLIC HEARINGS Michalski moved that the rules be suspended to allow anyone present to speak. Seconded by Robbins. Motion carried 7-0. Vacating Petition - Congress Circle: Proof of publication on notice of public hearing and City Manager recommending the sale of City-owned right-of-way on Congress Circle to Mr. N.J. Yiannias, representing Key City Investment Company; in the amount of $35,750; Communication from N. J. Yiannias, President of Key City Investment Company, requesting to purchase Congress Circle for $35,750, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 515-01 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 2A OF WESTVIEW SHOPPING CENTER PLACE NO.2, DUBUQUE COUNTY, 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 23" day of November, 2001, the City Council of the City of Dubuque, Iowa met on the 3" day of December, 2001, at 6:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, iowa to consider the proposal for the sale of real estate described as: Lot 2A of Westview Shopping Center Piace No.2, in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easements as noted. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, iOWA: 400 Regular Session, December 3, 2001 Section 1. That the sale of City of Dubuque real property described as Lot 2A of Westview Shopping Center Place No. 2, in the City of Dubuque, Iowa to Key City Investment Co. be and the same is hereby approved for the sum of $35,750.00, plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a 20 -foot perpetual access easement to the west end of Congress Circle, Lot 1 of Westview Shopping Center Place No. 2. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Key City Investment Co. upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 30 day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Ice Rinks and Murphy Tennis Courts Lighting 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 Ice Rinks and Murphy Tennis Courts Lighting Project to Westphal and Company, Inc., in the amount of $108,852.34, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 516-01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 9th day of November, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Ice Rink and Murphy Tennis Courts Lighting Project. 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, approved and adopted this 3rd day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 511-01 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Ice Rink and Murphy Tennis Courts Lighting Project pursuant to Resolution No. 480-01, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 23rd day of November, 2001. WHEREAS, said sealed proposals were opened and read on the 20th day of November, 2001, and it has been determined that the bid of Westphal and Company, Inc., in the amount of $108,852.34 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 WESTPHAL AND COMPANY, 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 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 3rd day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Robbins moved that the rules be reinstated to limit discussion to the Council. Seconded by Nicholson. Motion carried 7-0. Presentation of Vision Downtown Results: David Rusk to make verbal presentation on the results of the Vision Downtown process, requesting adoption of the Vision Downtown document as the community's shared vision for downtown Dubuque, and requesting referral to the City Manager for consideration in the annual budget process and communication from the Long Range Planning Advisory Commission in support of the Vision Downtown document and a Comprehensive Downtown Planning Process, presented and read. Nicholson moved that the Regular Session, December 3, 2001 401 . communication be received and filed. Seconded by Buol. Motion carried 7-0. Mr. Rusk spoke explaining the Vision Downtown process. . RESOLUTION NO. 518-01 A RESOLUTION ADOPTING THE VISION DOWNTOWN DOCUMENT Whereas, the City Council has adopted a Comprehensive Plan that includes goals and objectives supporting downtown revitalization; and Whereas, the City Council has sponsored a downtown visioning process as a first step in the creation of a Comprehensive Downtown Master Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the City Council does hereby adopt the Vision Downtown document as the community's shared vision for downtown Dubuque, and refer to the City Manager for consideration in the annual budget process. Passed, approved and adopted this 3rd day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicholson moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. Bond Sale to Support America's River Project Components: City Manager recommending the sale of $12,360,000 General Obligation Bonds, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Mr. David Dirks, of Evenson-Dodge, the City's financial advisory firm, spoke regarding the sale of the bonds. . RESOLUTION NO. 519-01 RESOLUTION DIRECTING SALE OF $9,500,000 GENERAL OBLIGATION BONDS, SERIES 2001 WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the.best bid received is determined to be the following: $9,500,000 GENERAL OBliGATION BONDS, SERIES 2001: Bidder: US Bancorp Piper Jaffray of Minneapolis, MN the terms of said bid being: Purchase Price: $ 9,405,000 Net Interest Rate: 4.6852 % Net Interest Cost $ 5,471,154.86 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, said Bonds are hereby awarded based on said bid. Section 2. That the statement of information for Bond bidders and the form of contract for the saie of said Bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk and Finance Director done in furtherance of the sale of said Bonds are hereby ratified and approved. PASSED AND APPROVED, this 3rd day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 520-01 RESOLUTION DIRECTING SALE OF $2,860,000 GENERAL OBLIGATION BONDS, SERIES 2002 Whereas, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: $2,860,000 GENERAL OBLIGATION BONDS, SERiES 2002 . Bidder: US Bancorp Piper Jaffray of Minneapolis, MN the term of said bid being: Purchase Price $2,831,400 Net Interest Rate 4.7251% Net Interest Cost $1 ,612,104.15 NOVV, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, said Bonds are hereby awarded based on said bid. Section 2. That the statement of information for Bonds bidders and the form of contract for the sale of said Bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the saie of the Bonds heretofore given and all acts of the Clerk and Finance Director done in furtherance of the sale of said Bonds are hereby ratified and approved. Passed, approved and adopted this 3'" day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk 402 Regular Session, December 3, 2001 Michaiski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Ward and Precinct Ordinance Modifications: City Manager recommending approval of modifications to the City's ward and precinct plan ordinance and map as requested by the State of iowa and Dubuque County and approval of a revised precinct agreement with Dubuque County, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. An Ordinance Amending the City of Dubuque, Iowa Code oj Ordinances by repealing Chapter 17, Elections and adopting in iieu thereof a new Chapter 17, Elections, estabiishing boundaries for four (4) wards and twenty-one (21) precincts, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 78-01 AN ORDINANCE AMENDING THE CITY OF DUBUQUE, IOWA CODE OF ORDINANCES BY REPEALING CHAPTER 17, ELECTIONS AND ADOPTING IN LIEU THEREOF A NEW CHAPTER 17, ELECTIONS, ESTABLISHING BOUNDARIES FOR FOUR (4) WARDS AND TWENTY-ONE (21) PRECINCTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 17 of the City of Dubuque Code of Ordinances is hereby repealed. Section 2. A new Chapter 17 of the City of Dubuque Code of Ordinances, attached hereto and incorporated herein, is hereby adopted. Section 3. This ordinance shail take effect January 15, 2002. Passed, approved and adopted this 3rd day of December, 2001. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk ARTICLE 1. IN GENERAL Section 17-1. Definitions and rules of construction. For the purposes of this chapter, unless the context otherwise requires, the following definitions and rules of construction shall be appiied. Points of the compass are approximate unless otherwise stated. All names, boundaries, lines, features and fixtures, are to be construed as they existed on the effective date of this chapter. Annexed territory means territory annexed to the City after the effective date of this chapter. City includes all territory within the corporate limits and all annexed territories. Commissioner of elections means the cDunty auditor of Dubuque County. Corporate limits means the corporate limits of the city on the effective date of this chapter. Peosta Channel means the waterway between the major portions of the City of Dubuque and the Island known as Chaplain Schmitt Isiand. Street or similar language means the centerline 01 the right-of-way, and a straight extension of that centerline. Section 17-2. Correction of errors. (a) Correction of errors. If this chapter fails to place any part of the city within a precinct or ward estabiished by this chapter, the commissioner of elections shail assign the omitted area to an adjacent precinct or ward within the same legislative district. If this chapter places any part of the city in more than one precinct or ward estabiished by this chapter, the commissioner of elections shall assign that territory to an adjacent precinct or ward within the proper legislative district. The commissioner of elections may also correct obvious clerical errors in this chapter. (b) Annexation of territory. When territory is annexed to the city, the city council may attach ail or any part of the annexed territory to any established precinct or precincts, which are contiguous to the annexed territory; however, this subsection shall not prohibit estabiishment of one or more new precincts in the annexed territory. Section 17-3 -17-15 Reserved. ARTICLE II. PRECINCTS Section 17-16. City divided into twenty-one precincts. The city hereby is divided into twenty-one (21) precincts as described in this article. Section 17-17. First precincl The First Precinct is described as that portion of the City of Dubuque and Dubuque County bounded by a iine commencing at the point that U.S. Highway 52 South intersects the boundary of the City of Dubuque, then proceeding southerly, westerly and northwesterly along the boundary of the City of Dubuque until it intersects North Cascade Road, then proceeding northeasterly along North Cascade Road until it intersects Fremont Avenue, then proceeding northeasterly along Fremont Avenue until it intersects the Middle Fork of Catfish Creek, then proceeding southeasterly along the Middle Fork of Catfish Creek until it intersects the boundary of the City of Dubuque, and then proceeding easterly along the boundary of the City of Dubuque until it intersect the boundary of Mosalem Township, then proceeding southerly along the boundary of Mosalem Township to its point of origin at the intersection of the boundary of the City of Dubuque and U.S. Highway 52 South. Section 17-18. Second precinct. The Second Precinct is described as that portion of the City of Dubuque commencing at Regular Session, December 3, 2001 403 . the point that the South Fork of Catfish Creek intersects Rockdaie Road, then proceeding northwesterly then southwesterly along the boundary of Precinct 1 until it intersects the boundary of the City of Dubuque, then proceeding northwesterly aiong the boundary of the City of Dubuque until it intersects Nightengale Lane, then proceeding northeasterly along Nightengale Lane until it intersects Cedar Cross Road, then proceeding northerly along Cedar Cross Road untii it intersects Dodge Street, then proceeding easteriy along Dodge Street until It intersects Concord Street Extension, then proceeding northerly along Concord Street Extension until it intersects St. Joseph's Street, then proceeding westerly along St. Joseph's Street until it intersects Gandolfo Street, then proceeding northerly along Gandolfo Street until it intersects Lombard Street, then proceeding southeasteriy along Lombard Street until it intersects Dodge Street, then proceeding easterly aiong Dodge Street until it intersects the boundary of Ward 4, then proceeding southerly along the boundary of Ward 4 to its point of origin at the intersection of Rockdale Road and the South Fork of Catfish Creek. Section 17-19. Third precinct. The Third Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the point that Dodge Street intersects Grandview Avenue, then proceeding westerly along the boundary of Precinct 2 until it intersects Cedar Cross Road, then proceeding southerly along Cedar Cross Road until it intersects Center Grove Drive, then proceeding westerly along Center Grove Drive until it intersects Wacker Drive, then proceeding northerly along Wacker Drive until it intersects John F. Kennedy Road, then proceeding northerly along John F. Kennedy Road until it intersects Carter Road, then proceeding easterly and northeasterly aiong Carter Road until it intersects the boundary of Ward 2, then proceeding easterly along the boundary of Ward 2 until it intersects Grandview Avenue, then proceeding southerly along Grandview Avenue to its point of origin at the intersection of Grandview Avenue and Dodge Street. Section 17-20. Fourth precinct The Fourth Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the point that Nightengale Lane intersects the boundary of Precinct 2, then proceeding northerly along the boundary of Precinct 2 until it intersects the boundary of Precinct 3, then proceeding westerly, northerly and easterly along the boundary of Precinct 3 until it intersects the boundary of Ward 2, then proceeding westerly along the boundary of Ward 2 until it intersects Key Largo Drive, then proceeding southerly along Key Largo Drive until . . it intersects Keymeer Drive, then proceeding easteriy along Keymeer Drive until it intersects Keyway Drive, then proceeding southerly along Keyway Drive until it Intersects Keystone Drive, then proceeding westerly along Keystone Drive until it intersects Vizaleea Drive, then proceeding southerly along Vizaleea Drive until it intersects Pennsylvania Avenue, then proceeding westeriy along Pennsylvania Avenue until it intersects Northwest Arteriai, then proceeding southerly along the Northwest Arterial until it intersects DOdge Street, then proceeding 500 feet westerly along Dodge Street until it intersects a fence line, then proceeding due south along the fence line until it intersects the boundary of the City of Dubuque, then proceeding easterly along the boundary of the City of Dubuque to its point of origin at the interseclion of Nightengale Lane and the boundary of Precinct 2. Section 17-21. Fifth precinct The Fifth Precinct is that portion of the City of Dubuque and Dubuque County bounded by a line commencing at the point that English Mill Road intersects the southern boundary of Dubuque Township, then proceeding westerly along the southern boundary of Dubuque Township until it intersects the boundary of the City of Dubuque, then proceeding southwesterly then northerly along the boundary of the City of Dubuque until it intersects Seippel Road, then proceeding northerly aiong Seippel Road until it intersects Middle Road, then proceeding easteriy along Middle Road until it intersects the boundary of the City of Asbury, then proceeding northerly and southeasterly along the boundary of the City of Asbury until it intersects Middle Road, then proceeding easterly along Middle Road until it intersects the boundary of the City of Dubuque, then proceeding northeasterly along the boundary of the City of Dubuque until it intersects Asbury Road, then proceeding easterly along Asbury Road until it intersects the boundary of Ward 2, then proceeding southeasterly along the boundary of Ward 2 until it intersects the boundary of Precinct 4, then proceeding southwesterly along the boundary of Precinct 4 until it intersects the boundary of the City of Dubuque, then proceeding easterly along the boundary of the City of Dubuque until it intersects the southern boundary of Dubuque Township then proceeding westerly along the southern boundary of Dubuque Township to its point of origin at the intersection of English Mill Road and the boundary of Dubuque Township. Section 17-22. Sixth precinct The Sixth Precinct is described as that portion of the City of Dubuque and Dubuque County bounded by a line commencing at the point that Asbury Road intersects the boundary of the City of Dubuque then proceeding westerly along Asbury Road until it intersects the boundary of 404 Regular Session, December 3, 2001 the City of Asbury, then proceeding northwesterly then westerly along the boundary of the City of Asbury until it intersects the boundary of Center Township, then proceeding northerly along the boundary of Center Township until it intersects Derby Grange Road, then proceeding easterly along Derby Grange Road until it intersects John F. Kennedy Road, then proceeding southeasterly along John F. Kennedy Road until it intersects Sunset Park Circle, then proceeding southwesterly along Sunset Park Circle until it intersects Meggan Street, then proceeding westerly along Meggan Street until it intersects Bonson Road, then proceeding southerly along Bonson Road until it intersects Asbury Road, then proceeding southeasterly along Asbury Road until it intersects John F. Kennedy Road, then proceeding southerly along John F. Kennedy Road until it intersects the boundary of Precinct 4, then proceeding westerly along the boundary of Precinct 4 until it Intersects the boundary of Precinct 5, then proceeding northwesterly along the boundary of Precinct 5 to its point of origin at the intersection of Asbury Road and the boundary of the City of Dubuque. Section 17-23. Seventh precinct The Seventh Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the point that Carter Road intersects Kaufmann Avenue, then proceeding westeriy along Kaufmann Avenue until it intersects the boundary of Precinct 6, then proceeding northerly along the boundary of Precinct 6 until it intersects the boundary of Ward 3, then proceeding easteriy along the boundary of Ward 3 untii it intersects Carter Road, then proceeding southerly along Carter Road to its point of orlgin at the intersection of Carter Road and Kaufmann Avenue. Section 17-24. Eighth precinct The Eighth Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the point that Wiibricht Lane intersects Asbury Road, then proceeding northwesterly along ASbury Road until it intersects Chaney Road, then proceeding northerly along Chaney Road until it intersects Kaufmann Avenue, the. proceeding westerly along Kaufrnann Avenue until it intersects the boundary of Precinct 6, then proceeding southerly along the boundary of Precinct 6 until it intersects the boundary of Precinct 4, then proceeding easterly along the boundary of Precinct 4 until it intersects the boundary of Precinct 3, then proceeding easterly along the boundary of Precinct 3 to its point of origin at the intersection of Wilbrlcht Lane and Asbury Road. Section 17-25. Ninth precinct The Ninth Precinct is described as that portion of the City of Dubuque bo~nded by a line commencing at the point that Asbury Road intersects Clarke Drlve, then proceeding northeasterly aiong the boundary of Precinct 8 until it intersects the boundary of Precinct 7, then proceeding northeriy along the boundary of Precinct 7 until it intersects the boundary of Ward 3, then proceeding southeasterly along the boundary of Ward 3 until it intersects the boundary of Ward 4 then proceeding southerly along the boundary of Ward 4 until it intersects Clarke Drlve, then proceeding westerly along Clarke Drive until it intersects Ungs Street, then proceeding westerly along Ungs Street until it intersects Grandview Avenue, then proceeding southerly along Grandview Avenue until it intersects Sunnyview Drive, then proceeding westerly along Sunnyview Drive until it intersects Bunker Hiil Road, then proceeding southerly along Bunker Hill Road until it intersects Clarke Drlve, then proceeding westerly along Clarke Drlve to its point of origin at the intersection of Asbury Road and Clarke Drive. Section 17-26. Tenth precinct The Tenth Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the point that Foye Street intersects Clarke Drive, then proceeding westerly along Clarke Drive until it intersects the boundary of Precinct g, then proceeding westerly along the boundary of Precinct 9 until it intersects the boundary of Precinct 8, then proGeeding southerly along the boundary of Precinct 8 until it intersects the boundary of Precinct 3, then proceeding southeasterly along the boundary of Precinct 3 untii it intersects Rosedale Avenue, then proceeding easterly along Rosedale Avenue until it intersects Grandview Avenue, then proceeding easterly then southerly along Grandview Avenue until it intersects Loras Bouleveard, then proceeding easterly along Loras Boulevard until it intersects the boundary of Ward 4, then proceeding easterly then northerly along the boundary of Ward 4 to its point of origin at the intersection of Foye Street and Clarke Drive. Section 17-27. Eleventh precinct The Eleventh Precinct is described as that portion of the City of DUbuque bounded by a line commencing at the point that Loras Boulevard intersects Wood Street, then proceeding northerly then westerly along the boundary of Precinct 10 until it intersects the boundary of Precinct 3, then proceeding southeasterly along the boundary of Precinct 3 until it intersects the boundary of Ward 4, then proceeding northerly along the boundary of Ward 4 to its point of origin at the Intersection of Loras Boulevard and Wood Street. Section 17-28. Twelfth precinct The Twelfth Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the joint that Central Avenue intersects West 23' Street, then proceeding Regular Session, December 3, 2001 405 . westerly along the boundary of Ward 4 until it intersects the boundary of Ward 2, then proceeding northwesterly along the boundary of Ward 2 until it intersects the boundary of the City of Dubuque, then proceeding northerly and easterly along the boundary of the City of Dubuque until it intersects the abandoned Great Westem Railroad right-of-way. then proceeding southeasterly along the abandoned Great Western Railroad right-of-way until it intersects 30'h Street, then proceeding southwesterly along 30th Street until it intersects Central Avenue. then proceeding southeasterly aiong Central Avenue to its point of origin at the intersection of Central Avenue and West 23'" Street. Section 17-29. Thirteenth precinct The Thirteenth Precinct is described as that portion of the City of Dubuque and Dubuque County bounded by a line commencing at the point that Louella Lane intersects the abandoned Great Western Railway right-of-way, then proceeding northerly along the abandoned Great Western Railway right-of.way until it intersects boundary of the City of Dubuque, then proceeding northerly. easterly and southeriy along the boundary of the City of Dubuque until it intersects the boundary of Peru Township, then proceeding easterly along the boundary of Peru Township until it intersects the boundary of the State of Wisconsin, then proceeding southerly along the boundary of the State of Wisconsin until it intersects the boundary of the City of Dubuque, then proceeding westerly then northwesterly along the boundary of the City of Dubuque until it intersects McDonald Point Road, then proceeding southerly, westerly then southerly along McDonald Point Road until it intersects Roosevelt Road, then proceeding southeasterly aiong Roosevelt Road until it intersects Prescot! Street, then proceeding southerly aiong Prescott Street until it intersects Ascension Street, then proceeding northwesterly along Ascension Street until it intersects Thomas Place, then proceeding southwesterly along Thomas Place until it intersects Eagle Street, then proceeding northwesterly along Eagle Street until it intersects Viola Street, then proceeding southerly along Viola Street until it intersects Pleasant Street, then proceeding westerly along Pleasant Street until it intersects Stafford Street. then proceeding northerly along Stafford Street until It intersects Hennepin Street. then proceeding westerly along Hennepin Street unlil il intersects Brecht Lane, then proceeding westerly along Brecht Lane until it Intersects Windsor A"enue. then proceeding northerly along Windsor Avenue until it intersects Davis Street, then proceeding westerly along Davis Street until it intersects Sheridan Road, then proceeding northwesterly along Sheridan Road until it intersects Peru Road. then proceeding southwesterly aiong . . Peru Road until it intersects Louena Lane, then proceeding southwesterly along Louella Lane to its point of origin at the intersection of Loueila Lane and the abandoned Great Westem Railroad right-of-way. Section 17.30. Fourteenth precinct The Fourteenth Precinct is described as that portion of the City of Dubuque bounded by a iine commencing at the point that 24'h Street intersects Central Avenue. the proceeding northwesterly along the boundary of Precinct 12 until it intersects the boundary of Precinct 13, then proceeding easterly along the boundary of Precinct 13 until it intersects Lawther Street, then proceeding southwesterly along Lawther Street until it intersects Balke Street, then proceeding southeasterly along Balke Street until it intersects Strauss Street, then proceeding southwesterly along Strauss Street until il intersects Brunswick Street, then proceeding southeasterly along Brunswick Street until it intersects Queen Street, then proceeding southerly along Queen Street until it intersects Clinton Street, then proceeding westerly aiong Clinton Street until it intersects Marquette Place, then proceeding southerly along Marquette Place until it intersects Queen Street, then proceeding southerly along Queen Street until it intersects 24'h Street, then proceeding westerly along 24'h Street to its point of origin at the intersection of 24'h Street and Central Avenue. Section 17.31. The Fifteenth precinct The Fifteenth Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the point that 24'h Street intersects Central Avenue then proceeding northeasterly and northeriy along the boundary of Precinct 14 to the boundary of Precinct 13, then proceeding southeasterly along the boundary of Precinct 13 until it intersects Thomas Place, then proceeding southerly along Thomas Place until it intersects Farley Street, then proceeding southeasterly along Farley Street until it intersects High Bluff Street. then proceeding southerly along High Bluff Street until It intersects Stafford Street, then proceeding southeasterly along Stafford Street until it intersects the boundary of Ward 4, then proceeding southwesterly then northwesterly along the boundary of Ward 4 until it intersects the boundary of Precinct 12, then proceeding northerly along the boundary of Precinct 12 to its point of origin at the intersection of 24'h Street and Central Avenue. Section 17-32. The Sixteenth precinct The Sixteenth Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the point that Stafford Street Extension intersects the I & M Rail Link right-of- way, Ihen proceeding northwesterly then northeasterly aiong the boundary of Precinct 15 until it intersects the boundary of Precinct 13, 406 Regular Session, December 3, 2001 then proceeding northeasterly along the boundary of Precinct 13 until it intersects the boundary of the City of Dubuque, then proceeding southerly along the boundary of the City of Dubuque until it intersects the boundary of Ward 4, then proceeding southwesterly along the boundary of Ward 4 to its point of origin at the intersection of Stafford Street Extension and the I & M Rail Unk right-of-way. Section 17-33. The Seventeenth Precinct The Seventeenth Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the point that 16th Street intersects Kerper Boulevard, then proceeding northerly and southwesteriy along the boundary of Precinct 16, until it intersects the boundary of Precinct 15, then proceeding southwesterly along the boundary of Precinct 15 until it intersects Central Avenue, then proceeding southerly along Central Avenue until it intersects 11 th Street, then proceeding southwesterly along 11 th Street until it intersects Main Street, then proceeding southeasterly along Main Street until it intersects 10th Street, then proceeding southwesterly along 1 O~ Street until it intersects Biuff Street, then proceeding southerly along Bluff Street until it intersects Jones Street, then proceeding easterly along Jones Street until it intersects Terminal Street, then proceeding southerly along Terminal Street until it intersects U.S. Highway 20, then proceeding easterly along U.S. Highway 20 until it intersects the boundary of the City of Dubuque, then proceeding northerly along the boundary of the City of Dubuque until it intersects the boundary of Precinct 16, then proceeding southwesterly along the boundary of Precinct 16 to its point of origin at the intersection of 16th Street and Kerper Boulevard. Section 17-34. The Eighteenth precinct The Eighteenth Precinct is described as that portion of the City of Dubuque bounded bl a line commencing at the point that East 220 Street intersects Central Avenue, then proceeding northerly along the boundary of Precinct 15 until it intersects the boundary of Precinct 12, then proceeding westerly along the boundary of Precinct 12 until it intersects the boundary of Precinct 9, then proceeding southerly along the boundary of Precinct 9 until it intersects the boundary of Precinct 10, then proceeding easterly then southerly along the boundary of Precinct 10 until it intersects Loras Bouievard, then proceeding easterly along loras Boulevard until it intersects Bluff Street, then proceedin~ southerly along Bluff Street until it intersects 11 Street, then proceeding easterly aiong 11 th Street until it intersects Locust Street, then proceeding southerly along Locust Street until it intersects the boundary of Precinct 17, then proceeding northerly along the boundary of Precinct 17 to its point of origin at the intersection. of East 22'" Street and Central Avenue. Section 17-35. The Nineteenth precinct The Nineteenth Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the point that Emmett Street intersects Bluff Street, then proceeding northerly along the boundary of Precinct 17 until it intersects the boundary of Precinct 1 a, the proceeding westerly along the boundary of Precinct 18 until it intersects Cox Street, then proceeding southerly along Cox Street until it intersects Chestnut Street, then proceeding northeasterly along Chestnut Street until it intersects Walnut Street, then proceeding southerly along Walnut Street until it Intersects Rose Street, then proceeding southwesterly along Rose Street until it intersects Race Street, then proceeding southeasterly along Race Street until it intersects West 11 th Street, then proceeding southwesterly along West 11 th Street until it intersects Wilson Street, then proceeding southeasterly along Wilson Street until it intersects University Avenue, then proceeding southwesterly along University Avenue until it intersects Yale Court, then proceeding southerly along Yale Court until it intersects Oxford Street, then proceeding westerly along Oxford Street until it intersects Harvard Street, then proceeding southerly along Harvard Street until It intersects Alta Vista Street, then proceeding southeasterly alon~ Alta Vista Street until it intersects West 5 Street, then proceeding easterly along West 5th Street until it intersects Winona Street, then proceeding southerly along Winona Street until it intersects West 3'" Street, then proceeding easterly along West 3'" Street until it intersects Hill Street, then proceeding southerly along Hill Street until it intersects Wooten Street, then proceeding northeasterly along Wooten Street until it intersects Mazzuchelli Street, then proceeding easterly along Mazzuchelli Street until it intersects Cardiff Street, then proceeding northerly along Cardiff Street until It intersects West 3'" Street, then proceeding northeasterly along West 3'" Street until it intersects St. Mary's Street, then proceeding southeasterly along St. Mary's Street until it intersects Emmett Street, then proceeding northeasterly to its point of origin at the intersection of Emmett Street and Bluff Street. Section 17-36. The Twentieth precinct The Twentieth Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the point that Loras Boulevard intersects Wood Street, then proceeding northeasterly along the boundary of Precinct 10 until It intersects the boundary of Precinct 19, then proceeding southerly along the boundary of Precinct 19 to the intersection of Wooten Street and Hill Street, then proceeding southerly along Hill Street until it intersects Dodge Street, then Regular Session, December 3, 2001 407 . proceeding easterly along Dodge Street until it intersects an extension of Burns Street, then proceeding southerly along Burns Street and its extension until it intersects Cleveland Avenue, then proceeding southwesterly aiong Cleveland Avenue until it intersects Bryant Street, then proceeding southerly along Bryant Street until it intersects Grandview Avenue, then proceeding southerly along Grandview Avenue until it intersects the boundary of Precinct 2, then proceeding northwesteriy along the bOundary of Precinct 2 until it intersects the boundary of Precinct 3, then proceeding northerly along the boundary of Precinct 3 until it intersects the boundary of Precinct 11, then proceeding easterly then northerly along the boundary of Precinct . 11 to its point of origin at the intersection of Wood Street and Loras Boulevard. Section 17-37. The Twenty-First precinct The Twenty-First Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the point that U.S. Highway 61/151 intersects the boundary of the City of Dubuque along Catfish Creek, then proceeding northwesterly along the boundary of Ward 1 until it intersects the boundary of Precinct 20, then proceeding northerly along the boundary of Precinct 20 until it intersects the boundary of Precinct1g, then proceeding easterly along the boundary of Precinct 19 until it intersects the boundary of Precinct 17, then proceeding easterly along the boundary of Precinct 17 until it intersects the boundary of the City of Dubuque, then proceeding southerly then westerly along the boundary of the City of Dubuque to its point of origin at the intersection of U.S. Highway 61/151 and the boundary of the City of Dubuque. ARTICLE III. WARDS Section 17-51. City divided into four wards. The City is herby divided into four (4) wards as described in this article. Section 17-52. First ward The First Ward is described as that portion of the City of Dubuque bounded by a line commencing at the point that the boundary of the City of Dubuque intersects U.S. Highway 52 South, then proceeding westerly along U.S. Highway 52 South until it intersects U.S. Highway 61/151, then proceeding northerly along U.S. Highway 61/151 until it intersects Catfish Creek, then proceeding southwesterly and then northwesterly along Catfish Creek until it intersects Rockdale Road then proceeding northeasterly and northerly along Rockdale Road until it intersects Southern Avenue, then proceeding northerly along Southern Avenue until it intersects Arrowhead Drive, then proceeding westerly and northerly along Arrowhead Drive until it intersects Wallis Place, then proceeding easterly along Wallis Place until . . it intersects Indian Ridge, then proceeding northerly along Indian Ridge until it intersects Grandview Avenue and then proceeding northwesterly along Grandview Avenue until it Intersects Perry Street, then proceeding northwesterly along Perry Street until it intersects Ryder Street and then proceeding northeasterly along Ryder Street until it intersects Bradley Street, then proceeding northwesterly along Bradley Street until it intersects Whelan Street, then proceeding northeasterly along Wheian Street until it intersects Grandview Avenue, then proceeding northwesterly along Grandview Avenue until it intersects Hale Street, then proceeding westerly along Hale Street until it intersects Algona Street, then proceeding northerly along Algona Street until it intersects Bennett Street, then proceeding westerly along Bennett Street until it intersects McCormick Street, then proceeding northerly along McCormick Street until it intersects Mineral Street, then proceeding westerly along Mineral Street until it intersects O'Hagen Street, then proceeding northerly aiong O'Hagen Street until it intersects Pearl Street, then proceeding southwesterly along Pearl Street until it intersects Finley Street, then proceeding northwesterly along Finley Street until it intersects University Avenue, then proceeding northeasterly along University Avenue until it intersects Asbury Road, then proceeding northwesterly along Asbury Road until it intersects Wilbricht Lane, then proceeding westerly along Wilbricht Lane until it intersects Flora Park Road, then proceeding southerly along Flora Park Road until it intersects Pennsylvania Avenue, then proceeding westerly along Pennsylvania Avenue until it intersects Churchill Drive, then proceeding northerly along Churchill Drive until it intersects 51. Anne Drive, then proceeding westerly aiong 51. Anne Drlve until it intersects Carter Road, then proceeding northerly along Carter Road until it intersects Hillcrest Road, then proceeding westerly along Hillcrest Road until it intersects John F. Kennedy Road, then proceeding northerly along John F. Kennedy Road until it intersects Hillcrest Road and then proceeding westerly along Hillcrest Road until it intersects Key Largo Drive, then proceeding southerly along Key Largo Drive until it intersects Keymeer Drive, then proceeding easterly along Keymeer Drive until it intersects Key Way Drive, then proceeding southerly along Key Way Drive until it intersects the North Fork of Catfish Creek, then proceeding westerly along the North Fork of Catfish Creek until it intersects Winne Court, then proceeds northerly along Winne Court until it intersects Hillcrest Road, then proceeding easterly along Hillcrest Roaduntil it intersects the north branch of the North Fork of Catfish Creek, then proceeding northwesterly along the north branch of the 408 Regular Session, December 3, 2001 North Fork of Catfish Creek and the northwest branch of the North Fork of Catfish CreeK untii it intersects Asbury Road, then proceeding westerly along Asbury Road until it intersects the boundary of the City of Dubuque, then proceeding southerly and easterly along the boundary of the City of Dubuque to its point of origin at the intersection of U.S. Highway 52 South. Section 17-53. Second ward The Second Ward is described as that portion of the City of Dubuque commencing at the point that Haie Street intersects Grandview Avenue, then proceeding westerly along the boundary of Ward 1 untii it intersects the boundary of the City of Dubuque, then proceeding northerly and easterly along the boundary of the City of Dubuque untii it intersects John F. Kennedy Road, then proceeding southeasterly along John F. Kennedy Road untii it intersects West 32" Street, then proceeding easterly along West 32"' Street until it intersects Blassen Drive, then proceeding northerly along Blassen Drive untii it intersects Brueck Road, then proceeding easterly along Brueck Road until it intersects Tiffany Court, then proceeding souther!!' along Tiffany Court until it intersects West 32' Street, then proceeding easterly along West 32" Street until it intersects Grandview Avenue, then proceeding southerly along Grandview Avenue untii it intersects Kaufmann Avenue, then proceeding easterly along Kaufmann Avenue. until it intersects Hempstead Street, then proceeding southerly along Hempstead Street untii it intersects Montcrest Street, then proceeding westerly along Montcrest Street until it Intersects Abbott Street, then proceeding southerly along Abbott Street until it intersects Lowell Street, then proceeding easterly along Lowell Street until it intersects Harold Street, then proceeding southerly along Harold Street until iI intersects Clarke Drive, then proceeding easterly along Clarke Drive until it intersects Foye Street, then proceeding southerly along Foye Street untii it intersects West Locust Street, then proceeding westerly along West Locust Street untii it intersects Kirkwood Street, then proceeding westerly along Kirkwood Street untii it intersects Cox Street, then proceeding southeasterly along Cox Street until it Intersects Loras Boulevard, then proceeding southwesterly along Loras Boulevard until It Intersects Wood Street, then proceeding southerly along Wood Street until it intersects University Avenue, then proceeding easterly along University Avenue until it intersects Delhi Street, then proceeding southwesterly along Delhi Street until it intersects West 5" Street, then proceeding easterly along West 5'" Street until it intersects College Street, then proceeding southerly along College Street until it intersects West 3" Street, then proceeding westerly along West 3'" Street until iI intersects Grandview Avenue, then proceeding southerly along Grandview Avenue to its point of origin at the intersection of Hale Street and Grandview Avenue. Section 17-54. Third ward The Third Ward is described as that portion of the City of DUbuque commencing at the point that Valeria Street intersects Kaufmann Avenue, then proceeding northwesterly along the boundary of Ward 2 until it intersects the boundary of the City of Dubuque, then proceeding easterly, northerly then southerly along the boundary of the City of Dubuque until it Intersects the Peosta Channel Floodwall, then proceeding southerly along the Peosta Channel Floodwall until it intersects 16" Street, then proceeding westerly along 16th Street until it intersects Kerper Boulevard, then proceeding northerly along Kerper Boulevard untii it intersects Fengler Street, then proceeding northwesterly along Fengler Street until it intersects I & MRail Link, then proceeding southwesterly along the I & M Rail Link until It intersects the extension of Stafford Street, then proceeding westerly along the extension of Stafford Street until it intersects Garfield Avenue, then proceeding southwesterly along Garfield Avenue until it intersects East Twentieth Street, then proceeding southwesterly along East Twentieth Street until it intersects Central Avenue, then proceeding northwesterly alon~ . Central Avenue until it intersects West 23 Street, then proceeding southwesterly along West 23" Street untii it intersects Valeria Street, then proceeding westerly along Valeria Street to its point of origin at the intersection of Valeria Street and Kaufmann Avenue. Section 17-55. Fourth ward The Fourth Ward is described as that portion of the City of Dubuque commencing at the point that West 3" Street intersects Grandview Avenue, then proceeding southerly along the boundary of Ward 1 until it intersects the boundary of the City of Dubuque, then proceeding easterly and northerly along the boundary of the City of Dubuque until it intersects the boundary of Ward 3, then proceeding westerly along the boundary of Ward 3 until it intersects the boundary of Ward 2, then proceeding southerly along the boundary of Ward 2 to its point of origin at the intersection of Grandview Avenue and West 3'. Street. Published officially in the Telegraph Herald newspaper these days: December 12, 2001, April 2, 2002, and August 6 2002. Jeanne F. Schneider, City Clerk 3t 12/12/01, 4/2/02, 8/6/02 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 finai Regular Session, December 3, 2001 409 . consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Fiscal Year 2003 Policy Guidelines: City Manager recommending adoption of the Fiscal Year 2003 Policy Guideiines for the City of Dubuque, presented and read. Nicholson moved to receive and file and approve recommendation to adopt. Seconded by Cline. Motion carried 7-0. Council Member Nicholson requested an explanation of equalization orders and rollbacks. ITEMS TO BE SET FOR PUBLIC HEARING . Dubuque Yacht Basin Lease Agreements: City Manager recommending approval of amendments to three lease.~ agreements between the City and Dubuque Yacht Basin to extend the termination dates, a Resolution Approving Fourth Amendment to Lease Agreement (April 8, 1970) between Dubuque Yacht Basin, Inc., and the City of Dubuque; a Resoiution Approving Second Amendment to Lease Agreement (February 5, 1974) between Dubuque Yacht Basin, Inc., and the City of Dubuque; and a Resolution Approving Fourth Amendment to Lease Agreement (November 23, 1987) between Dubuque Yacht Basin, Inc., and the City of Dubuque, presented and read. Bu moved that these be received and filed and se for Public Hearing on 12/17/01 at 6:30 P.M. in the Public Library Auditorium and that the City Cierk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. At 7:41 P.M. MarKham moved to go into Closed Session re: Pending Litigation - Iowa Code Chapter 21,5(1 )(c). Seconded by Buol. Motion carried 7-0. At 8:03 Council reconvened Regular Session stating Staff had been given proper direction. There being no further business, Buol moved to adjourn. Seconded by Robbins. Motion carried 7-0. The meeting adjourned at 8:04 P.M. Jeanne F. Schneider City Clerk 1t 12/12 . APproved:~~ /!! '---' I. Adopted: 7' / ./v".:/A0tf~ MayO~ ~{J~ ~. Council Members 2002 2002 Attes~ ~ () ?A~/)C.//~k/~~ /Oily Clerk ,/ 410 Special Session, December 10, 2001 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, December 10, 2001 Council met in special session at 5:00 p.m. at the Library Auditorium. Present: Mayor Duggan, Council Members Buol, Cline, Mari<ham, Michalski, Nicholson, Robbins, City Manager Michael Van MilJigen, Corporation Counsel Barry Lindahl Mayor Pro-Tem Robbins read the call and stated this is a special session of the City Council called for the purpose of discussing the results of the Owner-Occupied Affordable Housing Commillee Study. Housing and Community Development Manager David Harris introduced members of the Affordable Housing Commillee and explained the Operating Principles and Assumptions the Commillee used as a guideline. Four task forces the Commillee formed were the Housing Market Task Force, Development Costs Task Force, Home Construction Costs Task Force, and Downtown Living Task Force. Members of the Commillee explained the recommendations of each task force. Council held a discussion on the results and recommendations of the report and gave direction to staff on the issue. There being no further business, upon consensus meeting adjourned at 6:05 p.m. Isl Jeanne F. Schneider City Cieri< 11 12119 {)cdl;~/~ Q. 01.Mvu Council Members 5: Special Session, December 17, 2001 411 . DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, December 17, 2001 Council met for dinner at 5:00 P.M. in the Library Rotunda Council met in Special Session at 5:39 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the special session of the City Council called for the purpose of discussing the design of the Education and Conference Center at the Port of Dubuque. . David Grice, HOK Venue, reviewed the design plans to date. Steve Ulstad of Ulstad Architects spoke reviewing the landscape portion of the design. Jim Swords of HOK Venue spoke reviewing the cost estimates. Discussion ensued about the priorities of the alternatives and specifics and the time frame for the various portions of construction with completion scheduled for October 2003. There being no further business, Cline moved to adjourn. Seconded by Buol. Motion carried 7- O. The meeting adjourned at 6:25 P.M. /51 Jeanne F. Schneider City Clerk . ~/ ,/ APproved:~~ /() . Adopted: - ~ / f r-r 2002 2002 412 Regular Session, December 17, 2001 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regula, Session, December 17, 2001 Council met in Regular Session at 6:30 P.M. in the Library Auditorium P,esent: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Mllligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this Is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. Invocation was given by Sister Margaret Jungers, OSF, Director of Shalom Retreat Center. Michael Mullen, 1280 S. Grandview, spoke thanking Council Member Robbins for his years on the Council. Mayor Duggan also spoke appreciatively of Robbins' many years of service as a Council Member. Minutes Submitted: Airport Commission of 11/26; Cable Community Teleprogramming Commission of 12/4; City Council of 12/3 and 12/10; Civil Service Commission of 11/16 and 12/11; Community Development Advisory Commission of 11/15; Electrical Code Board of 12/3; Historic Preservation Commission of 11/15 and 12/10; Housing Commission of 11/27; Housing Commission Trust Fund of 11/29; Zoning Advisory Commission of 12/5; Zoning Board of Adjustment of 11/29, presented and read. Buol moved that the minutes be received and filed. Seconded by Robbins. Motion carried 7-0 Printed Council Proceedings for October, 2001, presented and read. Buol moved that the proceedings be approved as written. Seconded by Robbins. Motion carried 7-0. Proof of publication for City Council Proceedings of November 13 and 19, 2001 and List of Claims and Summary of Revenues for month ending October 31, 2001, presented and read. Buol moved that the proofs be received and filed. Seconded by Robbins. Motion carried 7-0. Finance Director submitting the Financial Reports for the month ending November 30, 2001, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 Notice of Claims/Suits: Kelly Davis in estimated amount of $512.00 for vehicle damage; Farm Bureau Insurance in undetermined amount for personal injury and property damage of Earl Hinzmann; James Schumacher in estimated amount of $983.29 for vehicle damage; Robert Wild in undetermined amount for property damage, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Robbins. Motion carried 7- O. 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: Kelly Davis for vehicle damage; . Carla Deutmeyer for personal injury; Dubuque Rescue Mission for property damage; Dubuque Thunderbirds d/b/a Dubuque Hockey, Inc. for property damage; Kenneth Metz for vehicle damage; James Schumacher for vehicle damage, presented and read. Buol moved that the communications be received and filed and concurred with the recommendation. Seconded by Robbins. Motion carried 7-0. Corporation Counsel recommending settiement of the claim of Theresa Northouse in the amount of $84.80 and that the Finance Director be authorized to issue a check in that amount, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Robbins. Motion carried 6-0. Corporation Counsel recommending denial of the claim of Virginia Bird for vehicle damage, presented and read. Buol moved that the communication be received and filed and concurred with the recommendation. Seconded by Robbins. Motion carried 7-0. Grant Agreement with Northeast Iowa School of Music: City Manager recommending approval of a grant agreement with Northeast Iowa School of Music as part of the Uptown Recreation Program, presented and read. 8uol moved that the communication be received and filed and recommendation approved. Seconded by Robbins. Motion carried 6-0. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Firefighter, presented and read. Regular Session, December 17, 2001 413 . December 11, 2001 Honorable Mayor and Members of the City Council in accordance with Chapter 400 of the 2001 Code of Iowa, an examination for the position of Firefighter was given on September 12, 2001. We hereby certify that the individuals listed beiow have passed this written examination and the vacancy for this position shouid be made from this list and that this list is good for two (2) years from above date. FIREFIGHTER Troy R. Anthony Eric H. Bakke Jeff A. Breitbach John P. Cannon Terry M. Drees Stephen B. Haupert William J. Kahler Brad L. Kruse Michael J. Kuhn Michaei E. Lynch Brian J. McCauliffe Jeffrey D. Moritz Jon M. Schultz Steven H. Siefker . James P. Abitz Matthew T. Avenarius Paul M. Bartlett Jeff A. Breitbach Jesse T. Coulson Robert D. Guerdet Kenneth J. Henkel Scott A. Krantz James E. Kuhle Peter F. Lammer Matthew C. Mauss Lyn A. Medinger Ronald Reinert Daniel D. Schuster Respectfully submitted, Isl Loras Kluesner, Chairperson Isl Merle Duehr Isl Richard Wertzberger Civil Service Commission Buol moved that the above Civil Service certification be made a matter of record: Seconded by Robbins. Motion carried 7-0. Multi-Unit Housing Assessment: Communication of City Manager to area legislators requesting that they oppose legislation on multi-unit housing assessments, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 City Hall Interior Remodeling Project - Acceptance: City Manager recommending acceptance of the City Hall Interior Remodeling Project in the final contract amount of $80,945.32, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 . RESOLUTION NO. 521-01 ACCEPTING IMPROVEMENT Whereas, the contract for the City Hall Remodeling Project - Interior Work has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends 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 City Hall Remodeling CIP in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 17" day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7 -0. RESOLUTION NO. 522-01 FINAL ESTIMATE Whereas, the contract for the City Hail Remodeling Project - Interior Work has been completed end the City Engineer has submitted his final estimate showing the cost thereof Including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $93,120.73, and the said amount shail be paid from the City Hall Remodeling CIP of the City of Dubuque, Iowa. Passed, approved and adopted this 17'" day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. City Hall Elderior Remodeling Project - Acceptance: City Manager recommending acceptance of the City Hall Elderior Remodeling Project in the final contract amount of $308,356.21, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 RESOLUTION NO. 523-01 ACCEPTING IMPROVEMENT Whereas, the contract for the City Hail Remodeling Project - Elderior Work has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 414 Regular Session, December 17, 2001 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 City Hall Remodeling CIP in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 17'" day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 524-01 FINAL ESTIMATE Whereas, the contract for the City Hall Remodeling Project - Exterior Work has been compieted and the City Engineer has submitted his finai estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneo~s costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the cost of said improvement is hereby determined to be $325,876.91, and the said amount shall be paid from the City Hall Remodeling CIP of the City of Dubuque, Iowa. Passed, approved and adopted this 17" day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Walker and Oneida Street Storm Sewer Replacement Project - Acceptance: City Manager recommending acceptance of the Walker and Oneida Street Storm Sewer Replacement Project in the final contract amount of $121,343.97, presented and read. Buol moved that the communication be received and filed. Seconded by RObbins. Motion carried 7-0 RESOLUTION NO. 525-01 ACCEPTING IMPROVEMENT Whereas, the contract for the Walker and Oneida Street Storm Sewer Replacement Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends 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 One Percent Local Option Sales Tax, the General Fund, and the Sanitary Sewer Construction Fund In amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 17'" day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 526-01 FINAL ESTIMATE Whereas, the contract for the Walker and Oneida Street Storm Sewer Replacement Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the cost of said improvement is hereby determined to be $139,650.22 and the said amount shall be paid from the One Percent Local Option Saies Tax, the General Fund, and the Sanitary Sewer Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 17" day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Dubuque Regional Airport Air Service Buiiding ADA Improvements - Acceptance; City Manager recommending acceptance of the Dubuque Regional Airport Air Service Building ADA Improvements Project in the final contract amount of $37,850, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 RESOLUTION NO. 527-01 ACCEPTING IMPROVEMENT Whereas, the contract for the Dubuque Regional Air Service Building (FBO) ADA Improvements Project has been completed and the City Manager has examined the work and flied his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. Regular Session, December 17, 2001 415 . 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 2001 CIP for Accessibility Barriers and Buildings Modification in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 17'" day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. . RESOLUTION NO. 528-01 FINAL ESTIMATE Whereas, the contract for the Dubuque Regional Air Service Building (FBO) ADA improvements Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $42,350.00 and the said amount shall be paid from the Fiscai Year 2001 CIP for Accessibility Barriers and Buildings Modification of the City of Dubuque, Iowa. Passed, approved and adopted this 17'" day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7.0. Sanitary Sewer Reconstruction - Alley Between Rhomberg and Garfield from Dock to Fengler Project - Acceptance: City Manager recommending acceptance of the Sanitary Sewer Reconstruction Alley Between Rhomberg and Garfield from Dock to Fengler Project in the final contract amount of $104,713.82, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 . RESOLUTION NO. 529-01 ACCEPTING IMPROVEMENT Whereas, the contract for the Sanitary Sewer Reconstruction Project . Alley between Rhomberg and Garfield, from Dock to Fengler has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends 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 Sanitary Sewer Construction Fund in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 17'" day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 530-01 FINAL ESTIMATE Whereas, the contract for the Sanitary Sewer Reconstruction Project Alley between Rhomberg and Garfield, from Dock to Fengler has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $120,420.89 and the said amount shall be paid from the Sanitary Sewer Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 17'" day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Fifth Street Ramp Improvements Project - Acceptance: City Manager recommending acceptance of the Fifth Street Ramp Improvements Project in the final contract amount of $415,062, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 RESOLUTION NO. 531-01 ACCEPTING IMPROVEMENT FOR THE FIFTH STREET RAMP EXPANSION PROJECT Whereas, the contract for the Fifth Street Ramp Expansion Project has been compieted and the City Manager has examined the work 416 Regular Session, December 17, 2001 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 2001 Parking Construction Fund in amounts equal to the amount of this contract. Passed, approved and adopted this 17'" day of December 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 532-01 FINAL ESTIMATE FOR THE FIFTH STREET RAMP EXPANSION PROJECT Whereas, the contract for the Fifth Street Ramp Expansion Project with Gage Bros. Concrete Products has been completed and the Economic Development Director has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $415,062.00 and the said amount shall be paid from the Fiscal Year 2001 Parking Construction Fund. Passed, approved and adopted this 17'" day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Supplement No. 53 to the Code of Ordinances: City Manager recommending adoption of Supplement No. 53 to the Code of Ordinances, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 RESOLUTION NO. 533-01 ADOPTING SUPPLEMENT NO. 53 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of Juiy 17, 1989, the City Council" pursuant to Ordinance No. 34-89, readopted the Code of Ordinances of the City of Dubuque, Iowa for ordinances adopted up to and including December 19,1988; and Whereas, since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Ordinances provides that supplements by resolution, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 53 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances through Ordinance No. 65-01 enacted through October 1, 2001 and prepared by the Sterling Codifiers, Inc, Coeur D' Alene, ID hereto flied in the Office of the City Clerk of the City of Dubuque, Iowa be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 17th day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Clark's Subdivision No. 2 - Plat of Survey: Zoning . Advisory Commission recommending approval of the Plat of Survey of Clark's Subdivision No. 2 as requested by the City of Dubuque, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 RESOLUTION NO. 534-01 A RESOLUTION APROVING THE PLAT OF SURVEY OF CLARK'S SUBDIVISION NO.2 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a plat of survey of Clark's Subdivision No. 2 in the City of Dubuque; and Whereas, upon said final plat appears a street known as Liberty Avenue (Lot A), which the owners by said plat of survey have dedicated to the public forever; and Whereas, said plat of survey has been reviewed by the Zoning Advisory Commission and had their approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 below; Whereas, said plat of survey has been examined by the City Council and they find that it confomns to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Regular Session, December 17, 2001 417 . Section 1. That the dedication of Liberty Avenue (Lot A) as it appears upon said plat of survey be and the same is hereby accepted; and Section 2. That the plat of survey of Clark's Subdivision No. 2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat of survey, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a) To reduce Liberty Avenue cui-de-sac to grade and to hard surface with asphaltic concrete, in a manner acceptable to the City Engineer, and in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. b) To construct said improvements prior to one (1) year from the date of acceptance of this resolution, at the sole expense of the owners, or future owners. Section 3. That in the event the owners shall fail to execute the acceptance and fumlsh the guarantees provided in Section 2 hereof within 180 days after the date of this resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, approved and adopted this 17'" day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 534-01 I, Terrance M. Duggan, Mayor, representing the City of Dubuque, the undersigned, having read the terms and conditions of the Resolution No. 534-01 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated this 17'" day of December, 2001. Terrance M. Duggan Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. . Riprow Valley - Recreational Trails Grant: City Manager recommending approval of the submission of a grant application for Recreational Trail Funds In the amount of $247,096 for acquisition of land for the Riprow Vailey Recreational Area, presented and read. Buol moved that the communication be received and flied. Seconded by Robbins. Motion carried 7-0 . RESOLUTION NO. 535-01 RESOLUTION AUTHORIZING A GRANT APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR RECREA- TIONAL TRAILS FUNDS FOR ACQUISITION OF LAND IN THE RIPROW VALLEY Whereas, the Iowa Department of Transportation (I DOT) has Recreational Trails funds available to develop recreational trails in cities: and Whereas, the City of Dubuque has adopted a Comprehensive Plan and a Riverfront Plan that include goals for development of bikelhike trails; and Whereas, the City of Dubuque has adopted the Heritage Trail Master Plan that includes the Heritage Trail Extension through the Riprow Vailey. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Planning Services Manager is hereby authorized to sign and submit this application for Recreational Trails funds to the iDOT for acquisition of property for bluffland protection and a trailhead connection for the Heritage Trail Extension through the Riprow Vailey, on behalf of the City of Dubuque. Section 2. That the City of Dubuque agrees to adequately maintain the property for its intended use and maintain the total trail used to justify the project in public use for a minimum of 20 years foilowing project completion. Passed, approved and adopted this 17'" day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Historic District Design Guidelines Grant Agreement: City Manager recommending approval of a Preservation Services grant agreement for the Historic District Design Guidelines Manual, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Robbins. Motion carried 6-0. Hughes Court Subdivision - Piat of Survey: Zoning Advisory Commission recommending approval of the Plat of Survey of Hughes Court Subdivision as requested by Schneider Land Surveying, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 RESOLUTION NO. 536-01 RESOLUTION APPROVING THE PLAT OF SURVEY OF HUGHES COURT SUBDIVISION Whereas, there has been flied with the City Clerk a plat of survey of HU9hes Court Subdivision; and Whereas, said plat provides Lot 2 with 0 feet of lot frontage, where 60 feet is required by Section 42-1 9(b) of the Subdivision Regulations: and Whereas, said survey plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon: and 418 Regular Session, December 17, 2001 Whereas, said survey plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision flegulations is waived to allow Lot 2 to have 0 feel of frontage, where 60 feet is required, Section 2, That the plat of survey of Hughes Court Subdivision is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 17th day of December 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resoiution. Seconded by Robbins. Motion carried 7-0. 550 May Place - Demolition Permit Request: Historic Preservation Commission racom. mending approval of a request from Loras College to demolish property located at 550 May Place to provide parking for proposed student housing, presented and read. Buol moved that the communication be received and filed and recoj11mendation approved. Seconded by Robbins. Motion carried 7-0, 1504 Henion Street - Demolition Permit Request: Historic Preservation Commission recommending approval of a request from Loras College to demolish property located at 1504 Henion Street to provide parking for proposed student housing, presented and read. Buol moved that the communication be received and filed and recommendation approved, Seconded by Robbins. Motion carried 7-0, 1490 Henion Street - Demolition Permit Request: Historic Preservation Commission recommending approval of a request from Loras College to demolish property located at 1490 Henion to provide parking for proposed student housing, presented and read, Buol moved that the communication be received and filed and recommendation approved, Seconded by Robbins. Motion carried 7-0, 1470 Henion Street - Demolition Permit Request: Historic Preservation Commission recommending approval of a request from Loras Coilege to demolish property located at 1470 Henion Street to provide parking for proposed student housing, presented and read, Buo\ moved that the communication be received and filed and recommendation approved, Seconded by Robbins, Motion carried 7-0, Routley Center - Irrevocable License: City Manager recommending approval of a request from Lowell Routley for an irrevocable license to install an entrance ramp and steps at the 13~ Street side of the Routley Center to facilitate access to two entrances, presented and read, Buol moved that the communication be received and filed and recommendation approved. Seconded by Robbins, Motion carried 7-0, Human Rights Commission 2001 Annual Report: Communication from the Human Rights Commission submitting their 2001 Annual Report, presented and read, Buol moved that the communication and report be received and filed. Seconded by Robbins, Motion carried 7-0 Series 2001 General Obligation Bond Sale: City Manager recommendin9 the issuance of $9,500,000 General Obligation Bonds, Series 2001 in support of the America's River Project, presented and read, Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO, 538-01 RESOLUTION APPOINTING WELLS FARGO BANK IOWA, NATIONAL ASSOCIATION OF DES MOINES, IOWA. TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANS- FER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, $9,500,000 General Obligation Bonds, Series 2001, dated December 15, 2001, have been sold at public sale and action should now be taken to provide for the maintenance of records, registration of certificates and payment of principal and interest in connection with the issuance of the Bonds; and WHEREAS, this Council has deemed that the services offered by Wells Fargo Bank Iowa, National Association of Des Moines, Iowa, are necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered Bonds; and WHEREAS, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreemenf') has been prepared to be entered into between the City and Wells Fargo Bank Iowa, National Association. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That Wells Fargo Bank Iowa, National Association of Des Moines, Iowa, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $9,500,000 Regular Session, December 17, 2001 419 . General Obligation Bonds, Series 2001, dated December 15, 2001. Section 2. That the Agreement with Wells Fargo Bank Iowa, National Association of Des Moines, Iowa, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. PASSED AND APPROVED this 17~ day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. . RESOLUTION NO. 537-01 RESOLUTION AUTHORIZING AND PROVI- DING FOR THE ISSUANCE OF $9,500,000 GENERAL OBLIGATION BONDS, SERIES 2001, AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the Issuer Is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of funds to pay costs of the 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 Amended and Restated Urban Renewal Plan for the Ice Harbor Urban Renewai District, including those costs associated with the acquisition and construction of parking improvements and site development for the Mississippi River National Education and Conference Center, and the constnuction, development, improvement and beautification of the banks and other areas adjacent to flood control improvements in said District, including construction of rivervvalk, streetscape and lighting improvements, rehabilitation and conservation of historic structures, and construction of boat docking, harbor, parking and related public infrastructure improvements in support of the America's River project, essential corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds in the amount of not to exceed $12,500,000 be issued for said purposes; and WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a publiC meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds; and WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, a portion of the above mentioned bonds were heretofore sold at public sale, In the principal amount of $9,500,000, and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale: . NOW, THEREFORE, BE iT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution uniess the text expressly or by necessary implication requires othel\l\lise: "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. "Beneficial Owner" shall mean the person in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the records of such Participant or such person's subrogee. "Bonds" shall mean $9,500,000 General Obligation Bonds, Series 2001, authorized to be issued by this Resolution. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "Continuing Disciosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. "DTC" shall mean The Depository Trust Company, New York, New York, a limited purpose trust company, or any successor book- entry securities depository appointed for the Bonds. "Issue~' and "City" shall mean the City of Dubuque, Iowa. "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. "Paying Agent" shall mean the Wells Fargo Bank Iowa, National Association, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issue~s agent to provide for the .payment of principal of and interest on the Bonds as the same shall become due. "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. "Registrar" shall mean Wells Fargo Bank Iowa, National Association of Des Moines, 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 420 Regular Session, December 17, 2001 Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. "Representation Lette~' shall mean the Blanket Issuer Letter of Representations executed and delivered by the Issuer to DTC. "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. "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 Bonds issued hereunder. Section 2. Lew and Certification of Annual Tax: Other Funds to be Used. (a) Lew of Annual Tax. That for the purpose of providing funds to pay the principal and interest oHM Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Dubuque, iowa, to-wit FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION: $ 621,091 2002/2003 425,081 2003/2004 1,095,081 2004/2005 578,281 2005/2006 801,081 2006/2007 799,681 2007/2008 847,681 2008/2009 888,081 2009/2010 861,219 201012011 853,056 2011/2012 828,898 2012/2013 793,778 2013/2014 793,751 2014/2015 782,301 2015/2016 784,571 2016/2017 785,121 2017/2018 784,246 2018/2019 786,606 2019/2020 786,750 2020/2021 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2001, will be collected durtng the fiscal year commencing July 1, 2002). (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Dubuque County, Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, In like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for nO other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such speeial fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a speeial fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 2001 NO. ONE" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued: and also there shall be apportioned to said fund its proportion of taxes received by the City from railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Department of Revenue. Section 4. Application pf Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insuffieient 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. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held In the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2001 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation 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 equivalent successor in anyone financial institution shall be continuously secured in compliance with the State Sinking Fund provided under Chapter 12C of the Code of Iowa, 2001, as amended or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for Regular Session, December 17, 2001 421 . payment of principal of or Interest on the Bonds as herein provided. Section 6. Bond Details. Execution and Redemption. (a) Bond Details. Generai Obligation Bonds of the City in the amount of $9,500,000, shall be issued pursuant to the provisions of Sections 384.24 and 384.25 of the City Code of Iowa for the aforesaid purpose. The Bonds shail be designated "GENERAL OBLIGATION BOND, SERIES 2001", be dated December 15, 2001, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2002, and semiannually thereafter on the 1st day of June and December in each year untii maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution: principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or muitiples thereof. The Bonds shall mature and bear interest as follows: Interest Principal Maturity Rate Amount June 1 st 4.000% $670,000 2005 4.000 180,000 2006 4.000 410,000 2007 4.000 425,000 2008 4.000 490,000 2009 4.125 530,000 2010 4.250 545,000 2011 4.350 560,000 2012 4.450 560,000 2013 4.550 550,000 2014 4.600 575,000 2015 4.700 590,000 2016 4.750 620,000 2017 4.750 650,000 2018 4.800 680,000 2019 4.875 715,000 2020 4.900 750,000 2021 (b) Redemption. Bonds maturing after June 1, 2009, may be called for redemption by the issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annuai maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by first class mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All . . bonds or portions thereof called for redemption will cease to bear interest after the specilied redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Section 7. Issuance of Bonds in Book-Entrv Form: Reolacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principai amount less the prepaid amount): and such Depository Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi-annual interest for any Depository Bond shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. (b) With respect to Depository Bonds, neither the issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee or of any Participant with respect to any ownership interest in the Bonds, (i1) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with respect to the Bonds, (iii) the payment to any Participant, any Beneficiai Owner or any other person, other than DTC or its nominee, of any amount with respect to the prlncipai of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any information or notification on behalf of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the principai of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bondholder consents, in 422 Regular Session, December 17, 2001 accordance with the practices and procedures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issue~s obligations with respect to the principal of, premium, if any, and interest on the Bonds to the exlent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relating to the surrender of Bonds, registration thereof, and issuance in Authorized Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the Representation Letter and the procedures and practices of DTC thereunder, and the Paying Agent shall comply therewith. (c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has resigned or discontinued its services for the Bonds, the Issuer shall (A) designate a satisfactory substitute depository as set forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of Depository Bonds for replacement Bonds in Authorized Denominations. (d) If the Issuer determines to provide for the exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the exlent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, content and Authorized Denominations to the Beneficial Owners, as their interests appear. (e) Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency' as provided in Section 17 A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Bonds, (Ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. Section 8. Reoistration of Bonds: Appointment of Reaistrar: Transfer; Ownership' Deliverv; and Cancellation. (a) Reoistration. The ownership of Bonds may be transferred oniy by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Wells Fargo Sank Iowa, National Association is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Sands and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal empioyer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Reaistration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resoiution. (d) Ownershio. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of o'r on account of the principal of any Regular Session, December 17, 2001 423 . such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds 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 Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principai at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any ciaim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obiigation to hold such funds shall continue for a period equal to two years and six months following the date on which such 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 Bonds of whatever nature shall be made upon the Issuer. (g) Reoistration and Transfer Fees. The Registrar may furnish to each owner, at the Issue~s expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section g. Reissuance of Mutilated. Destroved. Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated . . Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and compiying with such other reasonabie regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered hoider thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution, Authentication and Deliverv of the Bonds. Upon the adoption of this Resoiutlon, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond 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 Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resoiution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Bond Counsel, concerning the validity and iegality of all the Bonds proposed te be issued. Section 12. Rioht to Name Substitute Pavina Aaent or Reaistrar. Issuer reserves the right to name a substitute, succeSsor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed in substantial compliance with standards 424 Regular Session, December 17, 2001 proposed by the American Standards Institute substantially in the form as follows: I (6) I I (6) I I (7) I I (8) I - I (I) I I (2) I I (3) I I (4) I I (5) I I (9) I I (9a) I (10) (Continued on the back of this Bond) I (11)(12)(13) I I (14) I I (15) I FfGURE 1 (Front) N....._..___".....___~__._.."~"__+_~ Regular Session, December 17, 2001 425 . (10) (Continued) (16) . FIGURE 2 (Back) -\6- . 426 Regular Session, December 17. 2001 FIGURE 2 (Back) The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 = "STATE OF IOWA" "COUNTY OF DUBUQUE" "CITY OF DUBUQUE" "GENERAL OBLIGATION BOND" "SERIES 2001" Item 2, figure 1 = Rate: Item 3, figure 1 = Maturity: Item 4, figure 1 = Bond Date: December 15, 2001 Item 5, figure 1 = Cusip No.: Item 6, figure 1 = "Registered" Item 7, figure 1 = Certificate No. Item 8, figure 1 = Principal Amount: $ 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, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the princlpai sum of Corincioal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of Wells Fargo Bank Iowa, National Association, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate 'per annum specified above, payable on December 1, 2002, and semiannually thereafter on the 1 st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of tweive 30-day months. This Bond is issued pursuant to the provisions of Sections 384.24 and 384.25 of the City Code of Iowa, for the purpose of paying costs of the 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 Amended and Restated Urban Renewal Plan for the Ice Harbor Urban Renewal District, including those costs associated with the acquisition and construction of parking improvements and site development for the Mississippi River National Education and Conference Center, and the construction, development, improvement and beautification of the banks and other areas adjacent to flood control improvements in said District, including construction of rtverwalk, streetscape and lighting improvements, rehabilitation and conservation of historic structures, and construction of boat docking, harbor, parking and related public infrastructure improvements in support of the America's River project, in conformity to a Resolution of the Council of said City duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company ("DTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede 8. Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after June 1, 2009, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by first class mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by Wells Fargo Bank Iowa, National Association, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, 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 Regular Session, December 17, 2001 427 . Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resoiution. This Bond is a "qualified tax-exempt obligation" designated by the City for purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law: that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principai and interest of this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the manual signature of its Mayor and attested by the manual signature of its City Clerk, with the seal of said City Impressed hereon, and to be authenticated by the manuai signature of an authorized representative of the Registrar, Wells Fargo Bank Iowa, National Association, Des Moines, Iowa. Item 11, figure 1 = Date of authentication: Item 12, figure 1 = This is one of the Bonds described in the within mentioned Resolution, as registered by Welis Fargo Bank Iowa, National Association. WELLS FARGO BANK IOWA, NATIONAL ASSOCIATION, Registrar By: Authorized Signature Item 13, figure 1 = Registrar and Transfer Agent: Wells Fargo Bank Iowa, Nationai Association Paying Agent: Wells Fargo Bank Iowa, National Association Corporate Trust Operations MAC N9303.121 Sixth & Marquette Avenue Minneapolis, MN 55479 SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block] CITY OF DUBUQUE, IOWA By: (manual siqnaturel . . Mayor ATTEST: By: (manual siqnaturel City Clerk Item 16, 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 Bond and does hereby irrevocably constitute and appoint attorney in fact to' transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the 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. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual" Corporation Partnership Trust 'If the Bond 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 Bond, shall be construed as though written out in fuli 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 UN IF TRANS MIN ACT ..... ..... ..Custodian.... ........ (Cust) (Minor) under Iowa Uniform Transfers to Minors Act................... (State) ADDITIONAL ABBREVIATIONS MAY 428 Regular Session, December 17,2001 ALSO BE USED THOUGH NOT IN THE ABOVE LIST Sectian 14. Contract Between Issuer and Purchaser. This Resalution canstitutes a contract between said City and the purchaser af the Bonds. Sectian 15. Non-Arbitrage Caven ants. The Issuer reasonably expects and cavenants that nO' use will be made af the praceeds fram the issuance and sale af the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bands within the meaning of Sections 148(a) and (b) of the Internal Revenue Code af the United States, as amended, and that throughout the tenm af the Bands it will comply with the requirements of statutes and regulatians Issued thereunder. To the best knowledge and belief of the Issuer, there are no facts ar circumstances that would materially change the foregaing statements or the conclusion that it is not expected that the proceeds of the Bands will be used in a manner that wauld cause the Bonds to be arbitrage bands. Withaut limiting the generality af the foregaing, the Issuer hereby agrees to camply with the provisians af the Tax Exemption Certificate and the provisians of the Tax Exemptian Certificate are hereby incarporated by reference as part af this Resolutian. The Treasurer is hereby directed to make and insert all calculatians and detenminatians necessary to camplete the Tax Exemptian Certificate in all respects and to execute and deliver the Tax Exemptian Certificate at issuance af the Bonds to' certify as to the reasanable expectatians and cavenants af the Issuer at that date. Sectian 16. Severability Clause. If any sectian, paragraph, clause ar pravision of this Resalution be held invalid, such invalidity shall nat affect any of the remaining pravisions hereaf, and this Resalution shall become effective immediately upan its passage and approval. Section 17. Cantinuing Disclasure. The Issuer hereby cavenants and agrees that it will camply with and carry aut all af the provisions af the Cantinuing Disclasure Certificate, and the pravisions af the Cantinuing Disclasure Certificate are hereby incarporated by reference as part of this Resolutian and made a part hereaf. Notwithstanding any ather pravisian af this Resolutian, failure of the Issuer to' camply with the Cantinuing Disclasure Certificate shall not be cansidered an event of default under this Resalution; however, any halder af the Bonds or Beneficial Owner may take such actians as may be necessary and appropriate, including seeking speCific perfonmance by caurt arder, to' cause the Issuer to' comply with its abligalians under the Continuing Disclosure Certificate. Far purpases af this sectian, "Beneficial Owne~' means any persan which (a) has the pawer, directly ar indirectly, to' vate or cansent with respect to', ar to' dispase of awnership of, any Band (including persans holding Bands thraugh nominees, depasitaries or ather intenmediaries), ar (b) is treated as the awner af any Bands far federal income tax purpases. Sectian 18. Additianal Covenants, Representatians and Warranties af the Issuer. The Issuer certifies and cavenants with the purchasers and holders af the Bands fram time to' time outstanding that the Issuer through its officers, (al will make such further speCific covenants, representations and assurances as may be necessary ar advisable; (b) camply with all representatians, caven ants and assurances contained in the Tax Exemptian Certificate, which Tax Exemptian Certificate shall canstitute a part af the cantract between the Issuer and the awners af the Bands; (c) consult with band caunsel (as defined in the Tax Exemptian Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates af excess arbitrage profits relating to the Bands; (e) file such fanms, statements and supparting dacuments as may be required and in a timely manner; and (f) if deemed necessary ar advisable by its afficers, to' employ and pay fiscal agents, financial advisars, attomeys and ather persons to' assist the Issuer in such compliance. Sectian 19. Amendment af Resolutian to Maintain Tax Exemption. This Resalutian may be amended withaut the consent af any owner of the Bands if, in the apinian af band counsel, such amendment is necessary to' maintain tax exemption with respect to the Bonds under applicable Federal law ar regulatians. Section 20. Qualified Tax-Exempt Obligations. Far the sale purpose af qualifying the Bands as "Qualified Tax-Exempt Obligations" pursuant to' the Internal Revenue Cade af the United States, the Issuer designates the Bands as qualified tax-exempt abiigatlans and represents that the reasanably anticipated amount af tax-exempt govemmental and Co' de Sectian 501 (c)3 abligatians which will be issued during the current calendar year will nat exceed Ten (10) Millian Dallars. Section 21. Repeal af Canflicting Resalutians or Ordinances. That all ardinances and resolutians and parts af ordinances and resolutians in canflict herewith are hereby repeaied. PASSED AND APPROVED this 17th day af December, 2001. Terrance M. Duggan, Mayar ATTEST: Jeanne F. Schneider, City Clerk Buol maved adaptian af the Resolutlan. Secanded by Rabbins. Matian carried 7 -0. Series 2002 General Obligation Band Sale: City Manager recammending the Issuance of $2,860,000 General Obligation Bonds, Series Regular Session, December 11, 2001 429 . 2002 in support of the America's River Project, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 . RESOLUTION NO. 539-01 RESOLUTION APPOINTING WELLS FARGO BANK IOWA, NATIONAL ASSOCIATION OF DES MOINES, IOWA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, $2,860,000 General Obligation Bonds. Series 2002, dated December 15, 2001. have been sold at public sale and action should now be taken to provide " for the maintenance of records. registration of certificates and payment of principal and interest in connection with the issuance of the Bonds; and WHEREAS, this Council has deemed that the services offered by Wells Fargo Bank Iowa, National Association of Des Moines. Iowa, are necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered Bonds; and WHEREAS, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreemenr') has been prepared to be entered into between the City and Wells Fargo Bank Iowa, National Association. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That Wells Fargo Bank Iowa, National Association of Des Moines. Iowa, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $2,860.000 General Obligation Bonds, Series 2002, dated December 15, 2001. Section 2. That the Agreement with Wells Fargo Bank Iowa, Nationai Association of Des Moines. Iowa, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. PASSED AND APPROVED this 1i' day of December. 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. . RESOLUTION NO. 540-01 RESOLUTION AUTHORIZING AND PROVI- DING FOR THE ISSUANCE OF $2,860,000 GENERAL OBLIGATION BONDS, SERIES 2002, AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of iowa; and WHEREAS. the Issuer is in need of funds to pay costs of the 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 Amended and Restated Urban Renewal Plan for the Ice Harbor Urban Renewal District, including those costs associated with the acquisition and construction of parking improvements and site development for the Mississippi River National Education and Conference Center, and the construction, deveiopment, improvement and beautification of the banks and other areas adjacent to flood control improvements in said District, including construction of riverwalk, streetscape and lighting improvements. rehabilitation and conservation of historic structures, and construction of boat docking. harbor. parking and related public infrastructure improvements in support of the America's River project, essential corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds in the amount of not to exceed $12,500.000 be issued tor said purposes; and WHEREAS. pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds; and WHEREAS. pursuant to the provisions of Chapter 75 of the Code of Iowa, a portion of the above mentioned bonds were heretofore sold at public sale. in the principal amount of $2,860,000, and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: . "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. . "Beneficiai Owner" shall mean the person in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the records of such Participant or such person's subrogee. . "Bonds' shall mean $2.860,000 General Obligation Bonds, Series 2002, authorized to be issued by this Resolution. . "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. 430 Regular Session, December 17, 2001 . "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. . "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. . "DTC" shall mean The Depository Trust Company, New York, New York, a limited purpose trust company, or any successor book- entry securities depository appointed for the Bonds. . "Issue~' and "City" shall mean the City of Dubuque, Iowa. "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. . "Paying Agent" shall mean the Wells Fargo Bank Iowa, National Association, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issue~s agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. . "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. . "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. . "Registrar" shall mean Wells Fargo Bank Iowa, National Association of Des Moines, 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 Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. . "Representation Letter" shall mean the Blanket Issuer Letter of Representations executed and delivered by the Issuer to DTC. . ''Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. . "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 Bonds issued hereunder. Section 2. Lew and Certification of Annual Tax; Other Funds to be Used. (a) Lew of Annuai Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable properly in Dubuque, Iowa, to-wit; FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION: $187,654 2002/2003 293,433 2003/2004 236,833 2004/2005 237,233 2005/2006 237,433 2006/2007 237,433 200712008 227,233 2008/2009 227,108 20091201 0 226,648 2010/2011 225,843 201112012 224,613 2012/2013 233,088 201312014 235,808 2014/2015 232,988 2015/2016 234,763 2016/2017 235,975 2017/2016 238,615 2018/2019 236,673 2019/2020 236,138 2020/2021 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2001, will be collected durin9 the fiscal year commencing July 1, 2002). (b) Resolution to be Filed With Countv Auditor. A certified copy of this Resolution should be filed with the County Auditor of Dubuque County, Iowa, and said Auditor is hereby instructed in and for each of the yeaTS as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional Citv Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund In the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBliGATION BOND FUND 2002 NO. ONE" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principai of and interest on theàBonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its Regular Session, December 17,2001 431 . proportion of taxes received by the City from railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Department of Revenue. Section 4. Aoolication of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of Issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds 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. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2001 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation 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 equivalent successor in anyone financial institution shall be continuously secured in compliance with the State Sinking Fund provided under Chapter 12C of the Code of Iowa, 2001, as amended or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details Execution and Redemotion. (a) Bond Details. General Obligation Bonds of the City in the amount of $2,860,000, shall be issued pursuant to the provisions of Sections 384.24 and 384.25 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND, SERIES 2002", be dated December 15, 2001, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payabie on December 1, 2002, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the . . City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payabie at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Interest Principal Maturity Rate Amount June 1 st 4.00% $ 165,000 2004 4.00 115,000 2005 4.00 120,000 2006 4.00 125,000 2007 4.00 130,000 2008 4.10 125,000 2009 4.20 130,000 2010 4.30 135,000 2011 4.45 140,000 2012 4.50 145,000 2013 4.55 160,000 2014 4.60 170,000 2015 4.70 175,000 2016 4.75 185,000 2017 4.80 195,000 2018 4.85 205,000 2019 4.90 215,000 2020 4.95 225,000 2021 (b) Redemotion. Bonds maturing after June 1, 2009 may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by first class mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the totai amount of bonds to be called has been reached. Section 7. Issuance of Bonds in Book-Entrv Form' Reolacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of 432 Regular Session, December 17, 2001 the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount iess the prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi-annuai interest for any Depository Bond shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. (b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee or of any Participant with respect to any ownership interest in the Bonds; (iI) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with respect to the Bonds, (Iii) the payment to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any amount with respect to the principal of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any infonmation or notification on behalf of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the principal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bondholder consents, in accordance with the practices and procedures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relating to the surrender of Bonds, registration thereof, and issuance in Authorized Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the Representation Letter and the procedures and practices of DTC thereunder, and the Paying Agent shall compiy therewith. (c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository seryices or (iii) a determination by the Paying Agent that DTC has resigned or discontinued its seryices for the Bonds, the Issuer shall (A) designate a satisfactory substitute depository as set forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of Depository Bonds for replacement Bonds in Authorized Denominations. (d) If the Issuer determines to provide for the exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar wit~ a supply of executed unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the. transferee by the owners, the Bonds will be delivered in appropriate form, content and Authorized Denominations to the Beneficial Owners, as their interests appear. (e). Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17 A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Bonds, (Ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (ill) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. Section 8. Reaistration of Bonds: Aooointment of Reoistrar: Transfer; Ownershio: Delivery: and Cancellation. (a) Reoistration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Wells Fargo Bank Iowa, National Association is hereby aPPointed as Bond Registrar under the tenms of this Resolution and under the provisiOns of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of theUniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for Regular Session, December 17. 2001 433 . registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duiy executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal empioyer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the Information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be deiivered by the Registrar. . (c) Reoistration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicabie time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownershio. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, If any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds 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 Bonds to the Issuer. (f) Non-Presentment of Bonds. in the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not . . presented for payment of principal at the maturity or redemption date, ff funds sufficient to pay such principai of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completeiy discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusiveiy to such funds for any ciaim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months fallowing the date on which such 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 Bonds of whatever nature shall be made upon the Issuer. (g) Reoistration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated. Destroved. Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and compiying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the 434 Regular Session, December 17, 2001 payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution. Authentication and Deliverv of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deiiver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond 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 Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar 'unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds: 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Rioht to Name Substitute Pavino . Aoent or Reoistrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: I (6) I I (6) I I (7) I I (8) I I (I) \ I (2) I I (3) I I (4) I I (S) I I (9) I I (9a) I (10) (Continued on the back of this Bond) I (11)(12)(13) I I (14) I I (IS) I FIGURE I (Front) Regular Session, December 17, 2001 435 . (10) (Continued) . . (16) FIGURE 2 (Back) -16- 436 Regular Session, December 17, 2001 FIGURE 2 (Back) The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 = "STATE OF IOWA" "COUNTY OF DUBUQUE" "CITY OF DUBUQUE" "GENERAL OBLIGATION BOND" 'SERIES 2002" Item 2, figure 1 = Rate: Item 3, figure 1 = Maturity: Item 4, figure 1 = Bond Date: December 15, 2001 Item 5, figure 1 = Cusip No.: Item 6, figure 1 = "Registered" Item 7, figure 1 = Certificate No. Item 8, figure 1 = Principal Amount: $ 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, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (orincioal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of Wells Fargo Bank iowa, National Association, Paying Agent of this issue, or its successor, with interest on said sum from the. date hereof until paid at the rate per annum specified above, payable on December 1, 2002, and semiannually thereafter on the 1st day of June and December in each year. Interest and principai shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. This Bond is issued pursuant to the provisions of Sections 384.24 and 384.25 of the City Code of Iowa, for the purpose of paying costs of the 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 Amended and Restated Urban Renewal Plan for the Ice Harbor Urban Renewal District, including those costs associated with the acquisition and construction of parking improvements and site development for the Mississippi River National Education and Conference Center, and the construction, development, improvement and beautification of the banks and other areas adjacent to flood control improvements in said District, including construction of riverwalk, streetscape and lighting improvements, rehabilitation and conservation of. historic structures, and construction of boat docking, harbor, parking and related public infrastructure improvements in support of the America's River project, in conformity to a Resolution of the Council of said City duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company ("DTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative . of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON is WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after June 1, 2009 may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by first class mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the speCified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the totai amount of bonds to be called has been reached. STATEMENT OF INSURANCE Financial Security Assurance Inc. ("'Financial Security"), New York, New York, has delivered its municipai bond insurance policy with respect to the scheduled payments due of principal of and interest on the Bonds maturing on June 1 of the years 2007 and 2014 through 2021, inclusive (the "Insured Bonds") to Wells Fargo Bank Iowa, National Association, Des Moines, Jowa, or its successor, as paying agent for the Insured Bonds (the "Paying Agent"). Said Policy is on file and available for inspection at the Regular Session, December 17, 2001 437 . principai office of the Paying Agent and a copy thereof may be obtained from Financial Security or the Paying Agent. Ownership of this Bond may be transferred oniy by transfer upon the books kept for such purpose by Wells Fargo Bank Iowa, Nationai Association, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duiy 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 bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commerciai Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resoiution. This Bond is a "qualified tax-exempt obligation" designated by the City for purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principai and interest of this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably piedged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. iN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the manual signature of its Mayor and attested by the manual signature of its City Clerk, with the seal of said City impressed hereon. and to be authenticated by the manual signature of an authorized representative of the Registrar, Wells Fargo Bank Iowa, National Association, Des Moines, Iowa. Item 11, figure 1 = Date of authentication: Item 12, figure 1 = This is one of the Bonds described in the within mentioned Resolution, as registered by Weils Fargo Bank Iowa, National Association. WELLS FARGO BANK IOWA, NATIONAL ASSOCIATiON, Registrar By: Authorized Signature . . Item 13, figure 1 = Registrar and Transfer Agent: Wells Fargo Bank Iowa, National Association Paying Agent: Weils Fargo Bank Iowa, Nationai Association Corporate Trust Operations MAC N9303-121 Sixth & Marquette Avenue Minneapolis, MN 55479 SEE REVERSE FOR CERTAiN DEFINiTIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Biock] CITY OF DUBUQUE, IOWA By: (manual siqnaturel Mayor ATTEST: By: (manual siqnature 1 City Clerk Item 16, figure 2 = [Assignment Block] [Information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Sociai Security or Tax Identification No. ) the within Bond and does hereby irrevocabiy constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the 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 eniargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Sociai Security or Tax Identification Number of Transferee(s) Transferee is a(n); Individual' Corporation Partnership Trust 'If the Bond is to be registered in the names of multi pie individual owners, the names of all such owners and one address and sociai security number must be provided. 438 Regular Session, December 17, 2001 The following abbreviations, when used in the inscription on the face of this Bond, shall be' construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants In common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in 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 14. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 15. Non-Arbltraoe Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the Unjted States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 16. Severabilitv Ciause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 17. Continulno Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference . as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 18. Additional Covenants Reoresentations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances centained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscai agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 19. Amendment of Resolution to Maintain Tax Exemotion. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 20. Qualified Tax-Exemot Oblioations. For the soie purpose of qualifying the Bonds as "Qualified Tax-Exempt Obligations" pursuant to the Internal Revenue Code of the United States, the Issuer designates the Bonds as qualified tax-exempt obligations and represents that the reasonably anticipated amount of tax-exempt governmental and Code Section 501 (c)3 obligations which will be issued during the 2002 calendar year will not exceed Ten (10) Million Dollars. Regular Session, December 17, 2001 439 . Section 21. Repeal of Confiictina Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. PASSED AND APPROVED this 17'" day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RuscillVMcGraw-Hill Subordination Agreement: Corporation Counsel recommending approval of a Subordination Agreement as submitted by National City Bank as provided for in the Development Agreement with Ruscilli Deveiopment Co., Ltd. and the McGraw-Hili Companies, inc., presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Robbins. Motion carried 7-0. . Dubuque County Law Enforcement Center - Irrevocable License: City Manager recommending approval of a request from Prism Corporation on behalf of Dubuque County for an irrevocable license to install a tie-back system beneath Central Avenue - this item removed from the Agenda. Business Licenses: . RESOLUTION NO. 541-01 Whereas. applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and. found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER PERMIT UAW Local # 94 United Automobile Workers Local 94+(Sunday Sale) 3450 Central Ave CLASS "C" BEER PERMIT Iowa Potatoe/Produce Hs Iowa Potatoe 8. Produce House+(Sunday Sale) 2600 Dodge St Iowa Oil Company lOCO Speede Shoppe+(Sunday Sale) 2150 Twin Valley Dr Passed, approved and adopted this 17th day December, 2001. Terrance M. Duggan, Mayor Attest:)eanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 542-01 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 applicants a Liquor License. CLASS "LB" (HOTEUMOTEL) liQUOR LICENSE WCB Hotels, Inc Hoffman House Rest/3100 Club(Sunday/Outdoor Sale) 3100 Dodge Design Center, Inc Julien Inn+ (Sunday Sale) 200 Main St Kinseth Hotel Corp, Holiday Inn 5-Flags +(Sunday Sale/Outdoor Sale) 450 Main St CLASS C BEER/LIQUOR LICENSE L 8. M Wharf Corp Michael's Bar X+ (Sunday Sale) 2616 Windsor DBQ County Historical Soc. Ryan House +(Sunday Sale) 1375 Locust St Dolores Weber Ten Pin Tap+ (Sunday Sale) 601 Rhomberg Ave Moracco, Inc The Moracco+ (Sunday Sale) 413 Rockdale Rd David H. Hoffman The White House 450 W Locust Copper Kettle+ 2987 Jackson St The Fannie Stout House 1145 Locust St Pepper Sprout 378 Main St Passed, approved and adopted this 17'" day of December, 2001 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Copper Kettle Inc. (Sunday Sale) Peggy/Greg Stover (Sunday Saie) Pepper Sprout Inc. BOARDS/COMMISSIONS: Interview for the following Board/Commission: HUMAN RIGHTS COMMISSION: (Three vacancies for terms through 1/1/05 - Blau, Determan, and Sutton). Applicants: Sr. Corine Murray, PBVM; Lou Oswald: Bill Ross. Sr. Corlne Murray, Lou Oswald and Bill Ross all spoke requesting consideration for appointment. Nicholson requested that the interview process be kept open through the next Council Meeting. Appointment to the following Commission: ENVIRONMENTAL STEWARDSHIP ADVIS- ORY COMMISSION (One unexpired term 440 Regular Session, December 17, 2001 through 10/01/04). Applicant: John Nemmers. Markham moved to appoint Mr. Nemmers. Seconded by Buol. Motion carried 7.0. PUBLIC HEARINGS Buol moved that the rules be suspended to aliow anyone present to speak. Seconded by Markham. Motion carried 7-0. 3030 Brunskill Road - Rezoning Request: Proof of publication on notice of hearing to consider rezoning property located at 3030 Brunskill Road from PUD Planned Unit Development District to R-1 Single-Family Residential District as requested by Paula Behr, American Realty/Patzer Investments, LLC, and Zoning Advisory Commission recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Markham. Motion carried 7-0. Paula Behr spoke in favor of the proposed zoning change. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 3030 Brunskili Road from PUD Planned Unit Development District to R-1 Single-Family Residential District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 79-01 AN ORDINANCE AMENDING APPENDIX A (THE ZONING. ORDINANCE) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE BY RECLASSIFYING HEREIN. AFTER DESCRIBED PROPERTY LOCATED AT 3030 BRUNSKILL ROAD FROM PUD PLANNED UNIT DEVELOPMENT DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAiNED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from Pianned Unit Development to Single-Family Residential: Lot 1 of M.L. 230, Lot A, Lot 5 and the northe~y y, of Lot 4, Lot 1 of Lot 2 (except S 34' thereof) and south y, of Lot 4, ali in Parsonville, a subdivision of M.L. 299 in Section 27, T89N, R2E, to the center line of the adjoining public right-of-way, ali in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shali take effect immediately upon publication, as provided by law. Passed, approved and adopted this 17th day of December 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officialiy in the Telegraph Herald newspaper this 24'" day of December, 2001. Jeanne F. Schneider, City Clerk 1t 12/24 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 finaliy passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Dubuque Yacht Basin Lease Amendments: Proof of publication on notice of hearing regarding amendments to three lease agreements between the City and Dubuque Yacht Basin to extend the termination dates 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. Communication from Art Gilloon, representing the Dubuque Yacht Basin, clarifying the Lease Amendments and Public Works Director Mike Koch confirming that the City agrees with the clarification, presented and read. Markham moved that the communications be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 543-01 RESOLUTION APPROVING FOURTH AMENDMENT TO LEASE AGREEMENT BETWEEN DUBUQUE YACHT BASIN, INC. AND THE CITY OF DUBUQUE WHEREAS, Dubuque .Yacht Basin, Inc., entered into a Lease Agreement with the City of Dubuque dated April 8, 1970, as amended by a First Amendment dated November 3, 1970, a Second Amendment dated February 12, 1975, and a Third Amendment dated May 4, 2000 (referred to coliectively as the Lease Agreement); AND WHEREAS, Dubuque Yacht Basin, Inc. and the City desire to extend the term of the Lease Agreement from March 31, 2020, to March 31, 2031. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Fourth Amendment to Lease Agreement attached hereto is hereby approved and the Mayor be authorized and directed to execute the Fourth Amendment to Lease Agreement attached hereto. Regular Session, December 17, 2001 441 . Section 2. That the City Clerk Is hereby authorized and directed to record a certified copy of this resolution and Fourth Amendment to Lease Agreement in the office of the Dubuque County Recorder. Passed, approved and adopted this 17'h day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. . RESOLUTION NO. 544-01 RESOLUTION APPROVING SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN DUBUQUE YACHT BASIN, INC. AND THE CITY OF OUBUQUE WHEREAS, Dubuque Yacht Basin, Inc., entered into a Lease Agreement with the City of Dubuque dated February 5, 1974, and as amended by a First Amendment dated May 4, 2000 referred to collectively as the Lease Agreement; AND WHEREAS, Dubuque Yacht Basin, Inc. and the City desire to extend the term of the Lease Agreement from March 31, 2024, to March 31, 2031. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Second Amendment to Lease Agreement is hereby approved and the Mayor is authorized and directed to execute the Second Amendment to Lease Agreement attached hereto. Section 2. The City Clerk is hereby authorized and directed to record a certified copy of this resolution and the Second Amendment to Lease Agreement in the offices of the Dubuque County Recorder. Passed, approved and adopted this 17'h day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. . RESOLUTION NO. 545-01 RESOLUTION APPROVING FOURTH AMEND- MENT TO LEASE AGREEMENT BETWEEN DUBUQUE YACHT BASIN, INC, AND THE CITY OF DUBUQUE WHEREAS, Dubuque Yacht Basin, Inc" entered into a Lease Agreement with the City of Dubuque dated November 23, 1987, as amended by a First Amendment dated December 21, 1987, a Second Amendment dated January 19, 1988, and, a Third Amendment dated May 4, 2000, referred to collectively as the Lease Agreement: and WHEREAS, Dubuque Yacht Basin, Inc. and the City desire to extend the term of the Lease Agreement from February 5, 2024, to March 31, 2031. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Fourth Amendment to Lease Agreement is hereby approved and the Mayor is authorized and directed to execute the Fourth Amendment to Lease Agreement attached hereto, Section 2. The City Clerk is hereby authorized and directed to record a certified copy of this resolution and the Fourth Amendment to Lease Agreement, in the offices of the DUbuque County Recorder. Passed, approved and adopted this 17'h day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution, Seconded by Cline. Motion carried 7-0. Main Street Opening from 5th to 9'h - Award of Contract: 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 opening of Main Street from 5th Street to 9'h Street to Portzen Construction, Inc., in the amount of $1 ,864,870.39, presented and read. Communication from Thomas G. Bond, Dubuque TV Limited Partnership, expressing opposition to the proposed assessment to his property at 744 Main Street. presented and read, Communication from Michael J. Kielty, Banner Investments, in opposition to the proposed street assessment for his property at 799 Main Street, presented and read. Communication of David W. Leitker regarding Town Ciock Piaza, presented and read. Petition from property owners (13) in support of reopening Main Street and their proposed assessments. presented and read. A Resolution adopting plans and specifications for the project; a Resolution amending preliminary schedule of assessments for Main Street Reconstruction Project - 5th to 9'h Streets; a Resolution with respect to the adoption of the Resolution of Necessity ~roposed for the Main Street Reconstruction, 5' to 9'h Streets; and a Resolution awarding contract to Portzen Construction, Inc. in the amount of $1,864,870.39, presented and read. Cline moved to receive and file the proofs and communications and adopt the Resolutions. Seconded by Nicholson. No vote taken on the motion. Becky Sisco, 1205 Pamela Ct., spoke in favor of opening the Town Clock Plaza to through traffic with a stop light at Fifth and Main and other considerations. 442 Regular Session, December 17, 2001 Dan LoBianco of Dubuque Main St. spoke in support of reopening on behaW of many property owners downtown, citing the fact that the design is good and bid extremely favorable, Karla Bems, Provost and as a representative of the Northeast Iowa Community College Board of Trustees, spoke stating that the Board of Trustees reaffirmed their earlier position that the Plaza should remain Closed. Thad Gavin, a Partner of Banner Investments, an assessed property, spoke in favor of opening but questioned the amount of the assessments, Mike Portzen, of Portzen Construction, the firm with the most favorable bid, spoke stating that he had bid this project in good faith and was disappointed to learn that the project needed a three-fourth vote to go forward, Jim Gruber, 3103 Asbury, spoke objecting to the possible reopening of the Plaza. Bob Felderman, 1980 Marion, spoke requesting that that the Council open the Plaza and award the contract. Discussion ensued about the bid being good for only 30 days with the next Council Meeting being 32 days beyond the receipt of bids. Mr. Portzen said he would extend the bid for that extra amount of time. Buol moved to close the public hearing and table this matter to the January 7'h Council meeting and extend the construction time frame accordingly. Seconded by Nicholson. Motion carried 7-0. Robbins moved that the rules be reinstated limiting discussion to the Council. Seconded by Markham, Motion carried 7-0. ACTION ITEMS Iowa Friends of Extension Award: Beverly Berna and Ellen Spurlock, Field Specialists from the Dubuque County Extension Office, presented David Harris and Joleen Patterson with Iowa Friends of Extension Award. Nicholson moved to commend Housing and Community Development Director David Harris and Housing Rehabilitation Supervisor Joleen Patterson, Seconded by Robbins, Motion carried 7-0. Sanitary Sewer Connection Policy: City Manager recommending approval of revisions to the City's policy for establishing limits on sanitary sewer connection costs, presented and read. Markham moved that the communication be received and filed and recommendation approved, Seconded by Buol. Motion carried 7- O. Jaeger Heights Subdivision NO.2 - Final Plat: Ci.ty Manager recommending approval of the final plat of Jaeger Heights Subdivision No. 2 with conditions, presented and read. Robbins moved that the communication be received and filed. Seconded by Buol. Motion carried 6-0 - Nicholson out of the room briefly. RESOLUTION NO. 546-01 A RESOLUTION APPROVING LOTS 3 AND 4 OF BLOCK 5, LOTS 4 THRU 10 OF BLOCK 6, LOT D OF BLOCK 6, AND LOTS 1 THRU 15 OF BLOCK 7 OF JAEGER HEIGHTS SUBDIVISION NO.2, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a final plat of Lots 3 and 4 of Block 5, Lots 4 thru 10 of Block 6, Lot D of Block 6, and Lots 1 thru 15 of Block 7 of Jaeger Heights Subdivision No.2 in the City of Dubuque, Iowa; and Whereas, upon said final plat appears, streets to be known as Emily Drlve (Lot A), Bianca Drive (Lot B) and Kathy Drive (Lot C), together with certain public utility, sanitary sewer and storm sewer easements and stonn water detention facilities, which the owners by said final plat have dedicated to the public forever; and Whereas, said plat provides less than 60 feet of lot frontage as required by Section 42-19(b) of the Subdivision Regulations for Lots 6, 7, 8 and D of Block 6, and Lot 9 of Block 7; 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 3 beiow; and Whereas, said final plat 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; and Whereas, the City Council concurs in the conditions of approval established by the Zoning Commission and the City Planner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Emily Drlve (Lot A), Bianca Drive (Lot B) and Kathy Drlve (Lot C) together with the storm water detention facilities, easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted. Section 2. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lots 6, 7, 8 and D of Block 6 and Lot 9 of Block 7 to have less than 60 feet of lot frontage, Section 3. That the final plat of Lots 3 and 4 of Block 5, Lots 4 thru 10 of Block 6, Lot D of Block 6, and Lots 1 thru 15 of Block 7 Jaeger Heights Subdivision No.2, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse approval of the City of Regular Session, December 17,2001 443 . Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce Emily Drive (Lot A). Bianca Drive , (Lot B) and Kathy Drive (Lot C) to grade and to construct concrete curb and gutter and to hard surlace with asphaltic concrete, or with concrete paving with integrai curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and 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, street lighting and erosion control devices all 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 on Lot D of Block 6 in a manner acceptable to the City Engineer, in accordance with City of Dubuque standard specifications, in accordance with construction improvement plans 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 pubiic improvements for a period of two (2) years from the date of acceptance of those improvements by the City of Dubuque, iowa, at the sole expense of the owners or future owners. And further provided that said Lloyd S. Gudenkauf, as owner 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 acceptable to the City Manager of the City of Dubuque, Iowa. Section 4. Sidewalk installation shall be the responsibiiity of the owner abutting the pUblic rights-of-way, including lots with multi pie frontages, as required by City Code 41-161 thru 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk. installation will not be required until the development of the iot has been completed, except as required herein. In sparseiy deveioped subdivisions, sidewalks on developed lots wili 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 5. The developer will maintain the detention facility on Lot D of Block 6 until it has been fully compieted and 80% of the sum of the platted lots in the Jaeger Heights Subdivision No. 2 are fully developed and the remaining 20% of these lots have installed adequate erosion control measures as approved by the City Engineer. Upon the City's acceptance of the detention facility, the maintenance expense incurred by the City of Dubuque for the storm water detention facility on Lot D of Block 6 shall be assessed against the iot Owners of Jaeger Heights Subdivision No.2 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 6. That the final acceptance of all public improvements shall occur upon certification of the City Engineer that all public improvements have been completed in accordance with the improvement plans and City standard specifications. Section 7. That in the event Lloyd S. Gudenkauf shall fail to execute the acceptance and furnish the guarantees provided in Section 3 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 17th day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 546-01 I, the undersigned, Lloyd S. Gudenkauf, having read the terms and conditions of the Resolution No. 546-01, and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 17th day of December 2001. IslLloyd S. Gudenkauf Robbins moved adoption of the Resolution. Seconded by Buoi. Motion carried 6-0 - Nicholson out of the Chambers briefly. Transition for the imposition of Taxes and Annexation Areas: Communication from Corporation Counsel Barry Lindahl regarding the transition for the imposition of taxes after property has been annexed to the City and communication from Art and Karen Rokusek, Kim Sanford, and Tom and Charlotte Pfeiffer regarding the imposition of property taxes, presented and read. Michalski moved that the communications be received and filed. Seconded by Buoi. Motion carried 7-0. Ice Harbor Urban Renewal District: City Manager recommending adoption of a 444 Regular Session, December 17, 2001 Resolution of Necessity finding that an Amendment to the Urban Renewal Plan for the Ice Harbor Urban Renewal District is necessary, presented and read. Markham moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 547-01 A RESOLUTION OF NECESSITY FINDING THAT AN AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE ICE HARBOR URBAN RENEWAL DISTRICT IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA. Whereas, the City Council of the City of Dubuque adopted an Amended and Restated Urban Renewal Plan for the Ice Harbor Urban Renewal District on June 5, 2000 by Resolution 241-00 to stimulate and guide public and private investment within the District; and Whereas, the City Council of the City of Dubuque has determined that an amendment to the Urban Renewal Plan for the Ice Harbor Urban Renewal District will provide redevelopment opportunities and design and development standards which will further the purposes and objectives of the Urban Renewal Plan for the Ice Harbor Urban Renewal District; and Whereas, the City of Dubuque shall undertake the urban renewal actions specified in the Urban Renewal Plan, pursuant to the powers granted to it under Chapter 403 of the Iowa Code, Urban Renewal Law, and Chapter 15A of the Iowa Code; and Whereas, Chapter 403 of the Iowa Code requires that before an urban renewal plan may be modified, the City Council must adopt a resolution of necessity and provide for a process of review and consultation prior to adoption of an amended and restated plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section ,1. That an amendment to the Urban Renewal Plan for the Ice Harbor Urban Renewal District is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 2. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewai Plan for the Ice Harbor Urban Renewal District, to forward said Plan to the City's Long Range Planning Advisory Commission for review and comment and to begin the consultation process required by law with affected taxing entities. Section 3. That the City Clerk is directed to publish notice of a public hearing on the adoption of an Amended and Restated Urban Renewal Plan for the Ice Harbor Urban Renewal District to be held on March 4, 2002 at 6;30 p.m. in the Carnegie-Stout Public Library Auditorium, 360 W. 11th Street, Dubuque, Iowa 52001 and that said notice shall generally identify the area covered by the Amended and Restated Plan and the general scope of the amendment. Section 4. That the City Clerk is further directed to send by ordinary mail a copy 'of said notice of public hearing to the Dubuque Community School District, the County Board of Supervisors and the Northeast Iowa Community College, as the affected taxing entities. Passed, approved and adopted this 17'" day of December, 2001. Terrance M. Duggan, Mayor ATTEST; Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Port of Dubuque - Brownfields Assessment Demonstration Pilot Program; City Manager recommending approval of an application to the U.S. Environmental Protection Agency for participation in the Brownfields Assessment Demonstration Pilot Program for the Port of Dubuque area, presented and read. Robbins moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 548-01 RESOLUTION AUTHORIZING THE FILING OF A PROPOSAL FOR THE BROWN FIELDS ASSESSMENT DEMONSTRATION PILOT PROGRAM FOR ENVIRONMENTAL ASSESSMENTS IN THE PORT OF DUBUQUE. Whereas, the City of Dubuque is in the process of redeveloping the Port of Dubuque; and Whereas, certain properties in the Port of Dubuque may be in need of environmental assessment, and cleanup to promote their sustainable reuse; and ' Whereas, the Environmental Protection Agency (EPA) provides grants for environmental assessments under their Brownfields Assessment Demonstration Pilot program; and Whereas, a proposal for the grant program has been prepared for $200,000 for the Port of Dubuque area and is attached; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: The proposal for the Brownfields Assessment Demonstration Pilot program is hereby approved and staff is authorized to negotiate with EPA officials in the development of a formal application. Passed, approved, and adopted this 17~ day of December, 2001. Terrance M. Duggan, Mayor' Attest Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Regular Session, December 17,2001 445 . Stormwater Management - Drainage Basin Plan and Stormwater Management Plan: City Manager recommending adoption of the City of Dubuque Drainage Basin Master Plan (DBMP) and authorization to prepare Requests for Proposals for a corridor study to establish the alignment of the Bee Branch basin flood control channel, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Yeas-Buol, Cline, Markham, Michalski, Nicholson, Robbins. Nays-Duggan. Discussion ensued about the 20 year duration of the storm water utility, the loss of 70 homes, and the time frame for the proposed Plan. . RESOLUTION NO. 549-01 RESOLUTION ADOPTING THE CITY OF DUBUQUE DRAINAGE BASIN MASTER PLAN AND AUTHORIZING A REQUEST FOR PROPOSALS FOR A CORRIDOR STUDY TO ESTABLISH THE ALIGNMENT OF THE FLOOD CONTROL CHANNEL RECOM- MENDED IN THE DRAINAGE BASIN MASTER PLAN Now, therefore, be it resolved by the City Council of the City of Dubuque, Iowa, is as follows: Whereas, the City Council of the City of Dubuque is committed to developing a City-wide stormwater management master plan; and Whereas, the City of Dubuque retained the firm of HDR Engineering, Inc. to produce a drainage basin master plan; and Whereas, the Drainage Basin Master Plan addresses flooding problems and issues in the City of Dubuque and recommends certain public improvements to implement the plan. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That the City of DUbuque Drainage Basin Master Plan prepared by HDR Engineering, Inc., is hereby adopted. Section 2. That the City Manager is authorized to issue a Request for Proposals for a consulting engineering firm for the purpose of establishing the alignment of the drainage channel in the Bee Branch basin as described in the Drainage Basin Master Plan. Passed, approved and adopted this 17~ day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Yeas-Buol, Cline, Markham, Michalski, Nicholson. Robbins. Nays-Duggan. . ITEMS TO BE SET FOR PUBLIC HEARING White Street Reconstruction Project - Initiate: City Manager recommending initiation of the bidding process for the White Street Reconstruction Project and City Manager recommending that a public hearing be set for January 21, 2002, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 550-01 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 White Street Reconstruction Project - 21" to 32"' Street, in the estimated amount of $3,740,827.51, are hereby approved and ordered filed in the office of the City Cieri< for public inspection. Passed, approved and adopted this 17~ day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resoiution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 551-01 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 White Street Reconstruction Project- 21" to 32"' Street. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 21" day of January, 2002, a pubiic hearing wiil 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 the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days 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, approved and adopted this 17~ day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk 446 Regular Session, December 17, 2001 Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 552-01 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preiiminary plat and scheduie showing the amount proposed to be assessed against each lot and the vaiuation of each lot as filed by the City Council, for the White Street. Reconstruction Project - 21" to 32"' Street. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consideration of this proposed resolution have on fiie with the City Clerk objections to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such improvement will be assessed partially or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from the Sanitary Sewer Fund, Watermain Construction Fund, Local Option Sales Tax Fund, and the Street Construction Fund, and speciai assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on file .with the City Clerk this 17th day of December, 2001. Approved and placed on file for final action. Passed, approved and adopted this 17" day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buoi moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 553-01 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY 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, for the White Street Reconstruction Project _ 21" to 32"' Street; and, . Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 21" day of January, 2002, a public hearing will be held at 6:30 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published In a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, approved and adopted this 17'" day of December, 2001. 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. 554-01 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the attached sheets, 1 to 7 inclusive, are hereby determined to be the scheduie of proposed assessments for the White Street Reconstruction Project - 21" to 32"' Street and the vaiuations set out herein are hereby approved. Passed, approved and adopted 17'h day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Regular Session, December 17, 2001 447 . Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. . RESOLUTION NO. 555-01 ORDERING BIDS NOW THEREFORE, BE iT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the While Street Reconstruction project- 21" to 32" Street is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 7'h day of February, 2002. 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 lS'h day of February, 2002. Passed, approved and adopted this 17'h day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Jaycee Trail Initiate: City Manager recommending initiation of the bidding process for the Jaycee Trail Project and City Manager recommending that a public hearing be set for January 21, 2002, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. . RESOLUTION NO. 556-01 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 Dubuque Jaycees/Peosta Channel Trail Project, in the estimated amount of $475,134.00, are hereby approved and ordered filed in the office of the City Clerk for publiC inspection. Passed, approved and adopted this 17'h day of December, 2001. 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. 557-01 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 Dubuque Jaycees/Peosta Channel Trail Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: That on the 21" day of January, 2002, 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 the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be publiShed in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed pians, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 17'h day of December, 2001. 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. 558-01 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the DUbuque Jaycees/Peosta Channel Trail Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the Improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 31 st day of January, 2002. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final 448 Regular Session, December 17, 2001 action at 6:30 p.m. on the 18th day of February, 2002. Passed, approved and adopted this 17'h day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution, Seconded by Markham. Motion carried 7-0. Port of Dubuque Utility Relocation Project Phase II - Initiate: City Manager recommending initiation of the bidding process for the Port of Dubuque Utility Relocation Projecl Phase II and Cily Manager recommending that a public hearing be set for January 21, 2002, presented and read. Buol moved thai the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 559-01 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 estimaled cost for the Port of Dubuque Utility Relocation and Extension Project - Phase II, in the estimated amount of $896,300.93, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 17'h day of December, 2001. 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. 560-01 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on Ihe proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for publiC inspection of the Port of Dubuque Utility Relocation and Extension Project - Phase II. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 21" day of January, 2002, 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 the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be pUbliShed in a newspaper having general circulation in Ihe City of Dubuque, Iowa, which nolice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 17'h day of December, 2001. 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. 561-01 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Port of Dubuque Utility Relocation and Extension Project - Phase II is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the nolice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in .the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 10th day of January, 2002. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action al 6:30 p.m. on the 21st day of January, 2002, Passed, approved and adopted this 17'h day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Watermain and Road Extension from Chavenelle Road at Radford Road to the Industrial Park: City Manager recommending that a public hearing be sel for January 21, 2002 on the acquisition of land to construct the Chavenelle Road Watermain Extension and for the extension of Chavenelle Road, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 562-01 RESOLUTION SETTING A TIME AND PLACE FOR PUBLIC HEARING ON A PROPOSED PUBLIC IMPROVEMENT PROJECT TO Regular Session, December 17, 2001 CONSTRUCT THE CHAVENELLE ROAD WATERMAIN EXTENSION AND TO ACQUIRE PROPERTY FOR THE EXTENSION OF CHAVENElLE ROAD, AND TO ACQUIRE AGRICULTURAL LAND FOR THE PROJECT Whereas, the City Council of the City of Dubuque intends to consider a proposed public improvement project to construct the Chavenelle Road Watermain Extension and to acquire property for the extension of Chavenelle Road; and Whereas. the proposed project may require the acquisition of agricultural land by condemnation; and' Whereas, Iowa Code Chapter 6B requires the City to set a time and place for a publiC hearing on the proposed project and to provide notice to each owner of such agricultural land that may be the subject of condemnation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF DUBUQUE, IOWA, AS FOllOWS; Section 1. That a public hearing be set for 6;30 p.m. on January 21, 2002, at the Carnegie-Stout Public library Auditorium for the purpose of considering a proposed public improvement project to construct the Chavenelle Road Watermain Extension and to acquire land for the extension of Chavenelle Road through a portion of the NW Yo of the SW Yo and a portion of lot 1 of lot 1 of the SW Yo of the SW Yo all in Sec. 29, T89N, R2E, 5th P.M., Dubuque County, Iowa. Section 2. That City Clerk shall mail and publish the notice of intent to commence a public improvement project required by Section 6B.2(a). Passed, approved and adopted this 17th day of December, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. . . .~ City Manager recommending approval of a Purchase Agreement with Vincent and louella McFadden for acquisition of property for the extension of Chavenelle Road and watermain extension, presented and read. Nicholson moved that the communication be received and filed and approved recommendation. Seconded by Michalski. Motion carried 7-0. There being no further business, Robbins moved to adjourn, Seconded by Buo!. Motion carried 7-0. The meeting adjourned at 8;11 P.M. Isl Jeanne F. Schneider City Clerk .. 1t 12/26 449 2002 Council Members .cfi'D 450 Special Session, December 27,2001 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, December 27, 2001 Council met in special session at 5:00 p.m. at City Hall in Conference Room B Present: Council Members Buol, Cline, Markham, Michalski, Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahi Absent: Mayor Duggan, Council Member Robbins Council Member Michalski read the call and stated this is a special session of the City Council called for the purpose of discussing the acceptance of a donation of certain real estate in Dubuque County, Iowa from Wayne A. Briggs and Tracey L. Briggs. City Manager recommending acceptance of a deed to certain real estate in Dubuque County, Iowa from Wayne A. and Tracey L. Briggs, presented and read. Nicholson moved that the communication be received and filed. Seconded by Cline. Motion carried 5-0. RESOLUTION NO. 563-01 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM WAYNE Pc BRIGGS AND TRACEY L. BRIGGS WHEREAS, Wayne A. Briggs and Tracey L. Briggs desire to make a gift of the following described real property to the City of Dubuque: Lot 2 of Lot 8 of Block 3 of Tiffany Ridge Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record and That part of the SE Yo of the SW Yo of Section 10, Township 89 North, Range 2 East of the 5~ P.M.. and that part of the South Y, of the SE Yo of the SW Yo of Section 10, Township 89 North, Range 2 East of the 5~ P.M." ail in Dubuque County, Iowa, South of the North line of the South y, of the SE Yo of the SW Y. of Section 10, Township 89 North, Range 2 East of the 5th P.M., except for that part taken by the Iowa Department of Transportation and legally described as Lot 1 of the Subdivision of the SW Yo of the SW Yo of the SE Y. and South Y, of the SE Y. of the SW Yo of Section 10, Township 89 North, Range 2 East of the 5~ P.M., in Dubuque County, Iowa. AND WHEREAS, the City Council of the City of Dubuque desires to accept the gift on behalf of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS; 1. The City of Dubuque hereby accepts the Warranty Deed from Wayne Pc Briggs and Tracey L. Briggs, a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution with the Dubuque County Recorder. Passed, approved and adopted this 27'h day of December, 2001. Ann E. Michalski, Acting Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution and further moved that this be subject to approval of legai documents by Corporation Counsel. Seconded by Cline. Motion carried 5-0. There being no further business, Nicholson moved to adjourn. Seconded by Cline. Motion carried 5-0. The meeting adjourned at 5:10 p.m. /s/ Jeanne F. Schneider City Clerk Council Members