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2002 March Council Proceedings Special Session, March 4, 2002 79 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, March 4, 2002 Approved:__________________________2002 Council met for Dinner at 5:00 P.M. in the Second Floor Library Rotunda. Adopted:___________________________2002 Council met in Special Session at 5:30 P.M. in the Third Floor Library Auditorium Present: Mayor Duggan, Council Members ______________________________________ Buol, Cline, Connors, Markham, Michalski, Mayor Nicholson, 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 ______________________________________ Conference and Education Center. ______________________________________ Jim Swords, David Grice and Beth Harmon- Balm from HOK Venue, Steve Ulstad, Architect, ______________________________________ and Jim Kolf, Project Manager, were in attendance. ______________________________________ Council Members David Grice spoke and visually walked through the interior and exterior of the proposed building, Attest: including wall and floor colors and coverings. Council expressed concern regarding the ______________________________________ carpet for the ballroom. City Clerk Council Member Michalski stressed meeting the new ADA standards for handicapped parking. By consensus, Council gave approval on the proposed design of the Conference and Education Center Building, with the exception of the final interior package. There being no further business, Buol moved to adjourn. Seconded by Michalski. Motion carried 7-0. The meeting adjourned at 6:25 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 80 Regular Session, March 4, 2002 DUBUQUE Gross for personal injury/vehicle damage, presented and read. Buol moved that the CITY COUNCIL communication be received and filed and OFFICIAL concurred. Seconded by Markham. Motion PROCEEDINGS carried 7-0. City Council, Regular Session, March 4, 2002 Corporation Counsel recommending Council met in Regular Session at 6:30 P.M. in settlement of the claim of Randy Rath for vehicle the Third Floor Library Auditorium damage in the amount of $662.10 and that the Present: Mayor Duggan, Council Members Finance Director issue payment, presented and Buol, Cline, Connors, Markham, Michalski, read. Buol moved that the communication be Nicholson, City Manager Michael Van Milligen, received and filed and concurred and Finance Corporation Counsel Barry Lindahl. Director to issue payment. Seconded by Markham. Motion carried 7-0. Mayor Duggan read the call and stated this is the regular session of the City Council called for Corporation Counsel recommending that the the purpose of acting upon such business which claim of L & I Building Company for loss of may properly come before the Council. revenue be forwarded to Portzen Construction, Inc. for further processing, presented and read. Invocation was given by Pastor Tim Jeske of Buol moved that the communication be received the Dubuque Bible Church. and filed and concurred. Seconded by Markham. Motion carried 7-0. Tom Berger, Mike Elliott and Al Wessels of the Dubuque County Firefighters Association gave a Citizen Communications: Certificate of Appreciation to the City for the contribution to their truck fund. Communication from John Schreiber regarding the cable service rate increase, presented and CONSENT ITEMS read. Buol moved that the communication be received and filed and referred to the City Minutes Submitted: City Council of 2/4, 2/6, Manager. Seconded by Markham. Motion 2/14, 2/18, 2/20, 2/21 and 2/25; Civil Service of carried 7-0. 2/3; Five Flags of 1/14; Library Board of 11/29 and 12/20; Plumbing Board of 2/14, presented Communication of residents on Oak Street and read. Buol moved that the minutes be regarding the constant flow of dump trucks received and filed. Seconded by Markham. disposing of their loads on the end of Oak Motion carried 7-0. Street, presented and read. Buol moved that the communication be received and filed and Proofs of publication of City Council Official referred to the City Manager. Seconded by Proceedings for 2/4, 2/6 and 2/14, presented Markham. Motion carried 7-0. and read. Buol moved that the proofs be received and filed. Seconded by Markham. Legislative Correspondence: Communication Motion carried 7-0. of City Manager to State Representative George Eichhorn requesting support of HF 2290 Notice of Claims/Suits: Christine M. Gross in regarding the tax rate at the Dubuque estimated amount of $2,059 for vehicle damage; Greyhound Park & Casino, presented and read. Christine Kuhle in estimated amount of $179.55 Buol moved that the communication be received for vehicle damage; John Noel in undetermined and filed. Seconded by Markham. Motion amount for property damage; Bernard Weber in carried 7-0. estimated amount of $12.99 for property damage; Lois Wubben in estimated amount of America’s River – EDI Special Purpose $88.37 for vehicle damage; James VanVors in Grant: City Manager recommending approval of undetermined amount for personal injury; the submission of an Economic Development Jennifer Ziegler in estimated amount of $375.00 Initiative (EDI) Special Project Grant application for personal injury, presented and read. Buol to the U.S. Department of Housing and Urban moved that the claims and suits be referred to Development for the America’s River Museum the Legal Staff for investigation and report. on behalf of the Dubuque County Historical Seconded by Markham. Motion carried 7-0. Society, presented and read. Buol moved that the communication be received and filed. Corporation Counsel advising that the Seconded by Markham. Motion carried 7-0. following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Christine Regular Session, March 4, 2002 81 RESOLUTION NO. 99-02 State Historical Society of Iowa: A RESOLUTION AUTHORIZING THE FILING Communication from the State Historical Society OF AN ECONOMIC DEVELOPMENT of Iowa advising that the former Dubuque Young INITIATIVE (EDI) SPECIAL PROJECT Men’s Christian Association Building at 125 APPLICATION FOR THE AMERICA’S RIVER West Ninth Street has been listed in the National MUSEUM ON BEHALF OF THE DUBUQUE Register of Historic Places, presented and read. COUNTY HISTORICAL SOCIETY Buol moved that the communication be received Whereas, Congress has directed the U.S. and filed. Seconded by Markham. Motion Department of Housing and Urban Development carried 7-0. to provide funding from the Economic Development Initiative (EDI) account for EDI Mediacom: Communication from Kathy Special projects, and: McMullen, Area Manager of Mediacom, Whereas, the U.S. Department of Housing and regarding the discontinuation of high-speed Urban Development has provided EDI Special Internet service to subscribers, presented and project funding of $1,000,000 for the City of read. Buol moved that the communication be Dubuque for work associated with the received and filed. Seconded by Markham. development of the America’s River Museum; Motion carried 7-0. and Whereas, the Dubuque County Historical Key City Investment Company: Corporation Society will be the entity responsible for Counsel submitting a Stipulation of Settlement of completing said project; and a tax assessment appeal for property owned by Whereas, said EDI Special project requires an Key City Investment Company located at 75 application and supporting documents to be John F. Kennedy Road, presented and read. submitted to the U.S. Department of Housing Buol moved that the communication be received and Urban Development; and filed. Seconded by Markham. Motion NOW THEREFORE, BE IT RESOLVED BY carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Iowa League of Cities: Communication from Section 1. That the filing of an application for the Iowa League of Cities advising that the City the Economic Development Initiative (EDI) of Dubuque was not selected to host the 2005 or Special Project for the America’s River Museum 2006 Iowa League of Cities Annual Conference is approved. and Exhibit and soliciting a bid for the 2007 Section 2. That the Mayor is hereby authorized Annual Conference, presented and read. Buol and directed to execute and submit said moved that the communication be received and application to the U. S. Department of Housing filed. Seconded by Markham. Motion carried 7- and Urban Development together with such 0. documents as may be required. th Passed, approved and adopted this 4 day of Plat of Survey – Cypress, Wall and March 2002. Washington Streets and Adjacent Alleys: City Terrance M. Duggan, Mayor Manager recommending approval of the plat of Attest: Jeanne F. Schneider, CMC, City Clerksurvey of Cypress, Wall and Washington Streets Buol moved adoption of the Resolution. and adjacent alleys in response to a State Seconded by Markham. Motion carried 7-0. requirement, presented and read. Buol moved that the communication be received and filed. Iowa Department of Transportation: Seconded by Markham. Motion carried 7-0. Communication from the Iowa Department of RESOLUTION NO. 100-02 Transportation advising that the State proposes RESOLUTION APPROVING PLAT OF to let a U.S. 20 bridge deck joint repair project SURVEY OF A PORTION OF CYPRESS, on the bridge between Dubuque and East WALL, AND WASHINGTON STREET AND Dubuque, presented and read. Buol moved that ADJACENT ALLEYS the communication be received and filed. Seconded by Markham. Motion carried 7-0. Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat Communication from the Iowa Department of dated February 12, 2002, prepared by WHKS & Transportation advising of 2002 Public Input Company, describing the retracement of Meetings around the State, presented and read. Cypress Street, Wall Street, Washington Street Buol moved that the communication be received and adjacent alleys between the northeasterly th and filed. Seconded by Markham. Motion carried line of 6 Street and the northwesterly line of 7-0. Market Street and the southeasterly right-of-way line of the Canadian National Illinois Central Railroad. 82 Regular Session, March 4, 2002 Whereas, said plat conforms to the laws and Whereas, the contract for the 2000 Curb Ramp statutes pertaining thereto. Installation - CDBG Project has been completed NOW, THEREFORE, BE IT RESOLVED BY and the City Engineer has submitted his final THE CITY COUNCIL OF THE CITY OF estimate showing the cost thereof including the DUBUQUE, IOWA: cost of estimates, notices and inspection and all Section 1. That the plat dated February 12, miscellaneous costs. 2002, prepared by WHKS & Company, relative NOW THEREFORE, BE IT RESOLVED BY to the real estate hereinabove described be and THE CITY COUNCIL OF THE CITY OF the same is hereby approved, and the Mayor DUBUQUE, IOWA: and City Clerk be and they are hereby Section 1. That the cost of said improvements authorized and directed to execute said plat and is hereby determined to be $35,209.74 and the on behalf of the City of Dubuque, Iowa. said amount shall be paid from the Fiscal Year Section 2. That the City Clerk be and is hereby 2001 Community Development Block Grant authorized and directed to file said plat and Funds of the City of Dubuque, Iowa. th certified copy of this resolution in the office of Passed, approved and adopted this 4 day of the Recorder, in and for Dubuque County, Iowa. March, 2002. th Passed, approved and adopted this 4 day of Terrance M. Duggan, Mayor March, 2002. Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk Seconded by Markham. Motion carried 7-0. Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Salina Street Reconstruction – Acceptance: City Manager recommending acceptance of the 2000 Curb Ramp Installation – CDBG – Salina Street Reconstruction Project in the final Acceptance: City Manager recommending contract amount of $511,108.97, presented and acceptance of the 2000 Curb Ramp Installation read. Buol moved that the communication be – CDBG Project in the final contract amount of received and filed. Seconded by Markham. $32,906.30, presented and read. Buol moved Motion carried 7-0. that the communication be received and filed. RESOLUTION NO. 103-02 Seconded by Markham. Motion carried 7-0. ACCEPTING IMPROVEMENT RESOLUTION NO. 101-02 Whereas, the contract for the Salina Street ACCEPTING IMPROVEMENT Reconstruction Project has been completed and Whereas, the contract for the 2000 Curb Ramp the City Manager has examined the work and Installation - CDBG Project has been completed filed his certificate stating that the same has and the City Manager has examined the work been completed according to the terms of the and filed his certificate stating that the same has contract, plans and specifications and been completed according to the terms of the recommends its acceptance. contract, plans and specifications and NOW THEREFORE, BE IT RESOLVED BY recommends it acceptance. THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF Section 1. That the recommendation of the DUBUQUE, IOWA: City Manager be approved and that said Section 1. That the recommendation of the improvement be and the same is hereby City Manager be approved and that said accepted. improvement be and the same is hereby BE IT FURTHER RESOLVED that the City accepted. Treasurer be and he is hereby directed to pay to BE IT FURTHER RESOLVED that the City the contractor from the Fiscal Year 2000 Street Treasurer be and he is hereby directed to pay to Construction Fund in amount equal to the the contractor from the Fiscal Year 2001 amount of this contract, less any retained Community Development Block Grant Funds in percentage provided for therein. th amount equal to the amount of this contract, less Passed, approved and adopted this 4 day of any retained percentage provided for therein. March, 2002. th Passed, approved and adopted this 4 day of Terrance M. Duggan, Mayor March, 2002. Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk Seconded by Markham. Motion carried 7-0. Buol moved adoption of the Resolution. RESOLUTION NO. 104-02 Seconded by Markham. Motion carried 7-0. FINAL ESTIMATE RESOLUTION NO. 102-02 Whereas, the contract for the Salina Street FINAL ESTIMATE Reconstruction Project has been completed and Regular Session, March 4, 2002 83 the City Engineer has submitted his final That the City Clerk be and is hereby directed estimate showing the cost thereof including the to certify said schedule to theCounty Treasurer cost of estimates, notices and inspection and all of Dubuque County, Iowa, and to publish notice miscellaneous costs. of said certification once each week for two NOW THEREFORE, BE IT RESOLVED BY consecutive weeks in the manner provided in THE CITY COUNCIL OF THE CITY OF Section 362.3, the first publication of which shall DUBUQUE, IOWA: be not more than fifteen days from the date of Section 1. That the cost of said improvement is filing of the final schedule. On or before the date hereby determined to be $511,108.97. of the second publication of the notice, the City Section 2. That $75,273.58 of the cost thereof Clerk shall also mail a copy of said notice to shall be assessable upon private property and property owners whose property is subject to $435,835.37 shall be paid from the Fiscal Year assessment, as provided and directed in Section 2002 Street Construction Fund. 384.60 of the Code of Iowa. th Passed, approved and adopted this 4 day of That assessments may be paid in full or in part March, 2002. without interest at the office of the County Terrance M. Duggan, Mayor Treasurer, at any time within 30 days after the Attest: Jeanne F. Schneider, City Clerk date of the first publication of this notice of the Buol moved adoption of the Resolution. filing of the final schedule of assessments with Seconded by Markham. Motion carried 7-0. the County Treasurer. After 30 days unpaid assessments of $50.00 or more are payable in RESOLUTION NO. 105-02 10 annual installments and will draw annual A RESOLUTION ADOPTING THE FINAL interest at nine (9) percent (commencing on the ASSESSMENT SCHEDULE FOR THE SALINA date of acceptance of the work) computed to the STREET RECONSTRUCTION PROJECT December 1 next following the due dates of the INCLUDING CERTAIN INFORMATION respective installments as provided in Section REQUIRED BY THE CODE OF IOWA, 384.65 of the Code of Iowa. Each installment SPECIFICALLY, THE NUMBER OF ANNUAL will be delinquent from October 1 following its INSTALLMENTS INTO WHICH ASSESS- due date on July 1 of each year. Property MENTS ARE DIVIDED, THE INTEREST ON owners may elect to pay any annual installments ALL UNPAID INSTALLMENTS, THE TIME semiannually in advance. th WHEN THE ASSESSMENTS ARE PAYABLE Passed, approved and adopted this 4 day of AND DIRECTING THE CLERK TO CERTIFY March, 2002. THE FINAL SCHEDULE AND TO PUBLISH Terrance M. Duggan, Mayor NOTICE THEREOF. Attest: Jeanne F. Schneider, City Clerk NOW THEREFORE, BE IT RESOLVED BY CITY OF DUBUQUE, IOWA THE CITY COUNCIL OF THE CITY OF SALINA STREET DUBUQUE, IOWA: (RAILROAD AVE. TO NORTH END) That after full consideration of the final FINAL SCHEDULE OF VALUATION AND schedule of assessments and accompanying ASSESSMENTS plat showing the assessments proposed to be The following schedule is hereby determined made for the Salina Street Reconstruction to show each lot proposed to be assessed for Project under contract with Portzen the improvement shown in the title together with Construction, Inc. of Dubuque, Iowa, which final the amount proposed to be assessed against plat and schedule were filed in the office of the each lot and the valuations shown opposite each th City Clerk on the 27 day of February, 2002, the lot are hereby fixed as the true valuations of said schedule of assessments be and the same such lots by the City Council of the City of is hereby approved and adopted. Dubuque. That there be, and is hereby assessed and OWNER LOT DESCRIPTION PARCEL NO. levied as a special tax against and upon each of ASSESSMENT TOTAL NET ASSESSMENT the lots, the respective sums indicated. Industrial Sub #1 Provided, further, that the amounts shown in L & I Building Company c/o L.R. Weber Block said final schedule of assessments as A 10-25-480-001 $11,050.02 deficiencies are found to be proper and levied Harrison Street Place conditionally against the respective properties M & S Leasing LC 2-2 10-25-480-001 benefited by the improvements as shown in the $7,475.02 schedule, subject to the provisions of Section M & S Leasing LC 1-2 10-25-480-001 384.63 of the Code of Iowa. Said assessments $2,791.46 against said lots are hereby declared to be in M & S Leasing LC 1 10-25-478-007 proportion to the special benefits conferred and $2,726.46 not in excess of twenty-five percent of the value M & S Leasing LC Pt. Charter Street (VAC) of same. Between E. Line of Harrison St. & W. Line of Salina St. 10-25-478-006 84 Regular Session, March 4, 2002 Industrial Sub #1 project, presented and read. Buol moved that M & S Leasing LC 4-BLK "C"; 10-25-478-006 the communication be received and filed. $14,768.96 Seconded by Markham. Motion carried 7-0. M & S Leasing LC 1-3 BLK "C" 10-25-478-006 RESOLUTION NO. 106-02 Shields, James H. R.R. Tracks Running APPROVING A 28E AGREEMENT WITH Between 1-2-3 C 10-25-432-012 & 2-2-3 C of DUBUQUE COUNTY, IOWA FOR LOAN Ind. Sub #1 Deficiency Assessment: $345.34 FUNDS FOR FIBER OPTIC CABLE Gross Assessment: $460.46 Total Net RELOCATION Assessment: $115.12 Dubuque Harbor Company's Add. Whereas, it is in the interest of the City of Freedom Inc. 2-1-12- BKL. 13 10-25-433-002 Dubuque and the County of Dubuque to $5,969.91 facilitate immediate construction work involving Freedom Inc. 11-BLK. 13 10-25-433-002 improvements and rerouting of parts of the Freedom Inc. 10-BLK. 13 10-25-433-002 existing City-owned fiber optic cable system Freedom Inc. 9-BLK. 13 10-25-433-003 providing communication services to downtown $8,193.30 public facilities, including the County’s jail Freedom Inc. 8-BLK. 13 10-25-433-003 expansion project currently underway; and Freedom Inc. 7-BLK. 13 10-25-433-003 And whereas, to allow the proposed work to Crescent Realty Corp All Block 20 10-25-479- proceed and to accommodate budget 001 $12,270.28restrictions, the County has agreed to loan Crescent Realty Corp Lot A Block 20 10-25- sufficient funds to the City to pay for the City’s 479-001 share of the proposed work pursuant to the 28E Crescent Realty Corp N.1/2 VAC. CAMP St. Agreement attached hereto. 10-25-479-001 NOW THEREFORE, BE IT RESOLVED BY Crescent Realty Corp BAL. N1/2-BLK.24 11- THE COUNCIL OF THE CITY OF DUBUQUE, 30-353-001 $5,839.91 IOWA: D.W. Enterprises BLK. 24A 11-30-353-003 Section 1. The 28E agreement attached hereto $4,073.16 is hereby approved. State of Iowa 1-1-12-Blk 13 ROW $1,365.55 Section 2.The City Manager shall administer State of Iowa 2-12-BLK 13 ROW $3,166.98 the 28E Agreement on behalf of the City. th State of Iowa C.L. 549A ROW $1,240.74 Passed, approved and adopted this 4 day of State of Iowa C.L. 549 ROW $2,147.74 March, 2002. State of Iowa Bal. 1-1-1-1- P.J. Seipple Lumber Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Co. Place ROW $1,208.51 Total Deficiency Amount: $345.34; Buol moved adoption of the Resolution. Total Net Assessments: $84,403.10 Seconded by Markham. Motion carried 7-0. Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Supplement No. 54 to the Code of Ordinances: City Manager recommending adoption of Five Flags Study: City Manager Supplement No. 54 to the City of Dubuque Code recommending approval of the selection of CSL of Ordinances, presented and read. Buol International to conduct the feasibility study and moved that the communication be received and a community survey related to the Five Flags filed. Seconded by Markham. Motion carried 7- Center, presented and read. Buol moved that 0. the communication be received and filed and RESOLUTION NO. 107-02 approved recommendation. Seconded by ADOPTING SUPPLEMENT NO. 54 TO THE Markham. Motion carried 7-0. CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Fiscal Year 2003 – 2007 Capital Improvement Whereas, under date of July 17, 1989, the City Program: Long Range Planning Advisory Council,, pursuant to Ordinance No. 34-89, Commission advising that they have reviewed readopted the Code of Ordinances of the City of the Fiscal Year 2003 – 2007 Capital Dubuque, Iowa for ordinances adopted up to Improvement Program and find it to be and including December 19, 1988; and consistent with the City’s Comprehensive Plan, Whereas, since December 19, 1988 the City presented and read. Buol moved that the Council of the City of Dubuque, Iowa has communication be received and filed. Seconded adopted certain ordinances amending the Code by Markham. Motion carried 7-0. of Ordinances and said amendments have been printed as supplements to the Code of 28E Agreement for Fiber Optic Cable Ordinances; and Relocation: City Manager recommending Whereas, Section 380.8 of the Code of approval of a 28E Agreement with Dubuque Ordinances provides that supplements by County for the fiber optic cable relocation Regular Session, March 4, 2002 85 resolution, become part of the Code of Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Ordinances. NOW THEREFORE BE IT RESOLVED BY Buol moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF Seconded by Markham. Motion carried 7-0. DUBUQUE, IOWA: Section 1. That Supplement No. 54 of the Downtown Rehabilitation Loan Agreement – Code of Ordinances of the City of Dubuque, Guy Gard and Ellen Willis: City Manager Iowa, covering Ordinances through Ordinance recommending approval of an amendment to the No. 78-01 enacted through December 3, 2001 Downtown Rehabilitation Loan Agreement for and prepared by the Sterling Codifiers, Inc, Guy Gard (356 Main Street) and Ellen Willis Coeur D’Alene, ID hereto filed in the Office of (372 Main Street) to allow additional loans for the City Clerk of the City of Dubuque, Iowa be temporary shoring, presented and read. Buol and is hereby adopted and becomes part of the moved that the communication be received and Code of Ordinances of the City of Dubuque, filed. Seconded by Markham. Motion carried 7- Iowa. 0. Passed, approved and adopted this 4th day of RESOLUTION NO. 109-02 March, 2002. APPROVING AN AMENDMENT TO THE Terrance M. Duggan, Mayor DOWNTOWN REHABILITATION LOAN Attest: Jeanne F. Schneider, CMC, City Clerk AGREEMENTS FOR GUY GARD (356 Main Buol moved adoption of the Resolution. Street) AND ELLEN WILLIS (372 Main Street) Seconded by Markham. Motion carried 7-0. Whereas, the City Council of the City of Dubuque, Iowa, has created a Downtown Iowa Department of Transportation: ` Rehabilitation Loan Program for the purpose of Communication from Mayor Terry Duggan to stimulating reinvestment in the Downtown Mark Wandro, Iowa Department of Dubuque Urban Renewal District; and Transportation, regarding the future of IA32, Whereas, the City Council amended this loan presented and read. Buol moved that the program on March 19, 2001, to assist business communication be received and filed. Seconded and property owners effected by construction of by Markham. Motion carried 7-0. the Third Street Parking Ramp with operating expenses for their businesses; and Iowa-Northwestern Development Company: Whereas, some of the property owners have City Manager recommending acceptance of the now requested additional funds for temporary deed to certain real estate in Dubuque County, shoring of the buildings on Main Street to protect Iowa from Iowa-Northwestern Development the buildings until soil stabilization can be Company, presented and read. Buol moved undertaken; and that the communication be received and filed. Whereas, the City Council has determined that Seconded by Markham. Motion carried 7-0. an amendment to the Loan Agreements for such purpose is appropriate. RESOLUTION NO. 108-02 NOW, THEREFORE, BE IT RESOLVED BY ACCEPTING THE DEED TO CERTAIN REAL THE CITY COUNCIL OF THE CITY OF ESTATE IN DUBUQUE COUNTY, IOWA FROM DUBUQUE, IOWA: IOWA-NORTHWESTERN DEVELOPMENT CO. Section 1. That the Downtown Rehabilitation Whereas, the City of Dubuque entered into an Loan Agreements for Guy Gard (356 Main Agreement on January 31, 2002 with Iowa- Street) and Ellen Willis (372 Main Street) may Northwestern Development Co. for the purchase be amended to include the costs of shoring of of certain real property in Dubuque County, their buildings. Iowa, described as follows: Section 2. That the City Manager is hereby Lots 1, 2, 3 and 4 of Carter Valley West in the authorized to execute, on behalf of the City of City of Dubuque, Dubuque County, Iowa; and Dubuque, Iowa, all necessary loan documents Whereas, the terms of the Agreement have and is further authorized to disburse additional now been met. loan funds in accordance with the terms and NOW THEREFORE, BE IT RESOLVED BY conditions of the executed amended loan THE COUNCIL OF THE CITY OF DUBUQUE, documents. IOWA: th Passed, approved and adopted this 4 day of 1. The City of Dubuque, Iowa hereby accepts March, 2002. the Deed from Iowa-Northwestern Development Terrance M. Duggan, Mayor Company, a copy of which is attached hereto. Attest: Jeanne F. Schneider, City Clerk 2. The City Clerk is hereby authorized and Buol moved adoption of the Resolution. directed to record this Resolution and the Deed Seconded by Markham. Motion carried 7-0. with the Dubuque County Recorder. th Passed, approved and adopted this 4 day of March, 2002. 86 Regular Session, March 4, 2002 Stormwater Management Community Planning That the Manager be authorized to cause to be Processes: Long Range Planning Advisory issued the following named applicants a Liquor Commission requesting that the City Council License. appoint Commissioner Charles Winterwood as CLASS “B” (HOTEL/MOTEL) the Chairperson for the Bee Branch Corridor BEER / LIQUOR LICENSE Study citizen input group and Commissioner Dubuque Lodging Inc. Days Inn+ Mike Portzen to lead the stormwater utility (Sunday/Outdoor Service) 1111 Dodge St citizen input group, presented and read. Buol CLASS C BEER/LIQUOR LICENSE @@ moved that the communication be received and Galaxies Inc Galaxies+ filed and appointed Charles Winterwood and (Sunday Sales) 3202 Jackson St tabled other action. Seconded by Michalski. Lana K. LuGrain P.J.’s+ Motion carried 7-0. (Sunday Sales) 500 Rhomberg Ave Yardarm, Inc Yardarm Restaurant+ GASB 34: City Manager recommending (Sunday & Outdoor Sales) 1201 Shiras Ext. th approval of Virchow, Krause & Company for Passed, approved and adopted this 4 day of Governmental Accounting Standards Board March, 2002. Pronouncement 34 Planning and Imple- Terrance M. Duggan, Mayor mentation Assistance, presented and read. Attest: Jeanne F. Schneider, City Clerk Buol moved that the communication be received Buol moved adoption of the Resolution. and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Seconded by Markham. Motion carried 7-0. BOARDS/COMMISSIONS Business Licenses: Interviews for the following Commission: RESOLUTION NO. 110-02 Community Development Advisory Commission: Whereas, applications for Beer Permits have Three vacancies – Census Tract 2; Census been submitted and filed to this Council for Tract 5 (term of Dan Shireman); At-Large (term approval and the same have been examined of Walter Pregler). Applicants: Census Tract 5 - and approved: and Dan Shireman; At-Large – Walter Pregler. No Whereas, the premises to be occupied by one spoke. such applicants were inspected and found to comply with the Ordinances of the City and have PUBLIC HEARINGS filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY Michalski moved to suspend the rules to allow THE CITY COUNCIL OF THE CITY OF anyone present to speak. Seconded by DUBUQUE, IOWA: Nicholson. Motion carried 7-0. That the Manager be authorized to cause to be issued the following named applicants a Beer White Street Reconstruction Project: Proof of Permit. publication on notice of hearing and City CLASS ”C” BEER PERMIT Manager recommending adoption of the Clark Retail Enterprises, Inc. Clark # 354+ Resolution of Necessity for additional properties, (Sunday Sales) 700 Rhomberg Ave presented and read. Markham moved that the th Passed, approved and adopted this 4 day of proof and communication be received and filed. March 2002. Seconded by Nicholson. Motion carried 7-0. Terrance M. Duggan, Mayor RESOLUTION NO. 112-02 Attest: Jeanne F. Schneider, City Clerk RESOLUTION WITH RESPECT TO THE Buol moved adoption of the Resolution. ADOPTION OF THE RESOLUTION OF Seconded by Markham. Motion carried 7-0. NECESSITY PROPOSED FOR THE WHITE STND RESOLUTION NO. 111-02 STREET RECONSTRUCTION – 21 TO 32 STREET PROJECT – SUPPLEMENTAL Whereas, applications for Liquor Licenses ASSESSMENTS TO RESOLUTION NO. 23-02 have been submitted to this Council for approval and the same have been examined and Whereas, the City Council has proposed a approved; and Resolution of Necessity for the White Street stnd Whereas, the premises to be occupied by such Reconstruction – 21 to 32 Street Project – applicants were inspected and found to comply Supplemental Assessments to Resolution 23-02, with the State Laws and all City Ordinances has given notice of the public hearing thereon as relevant thereto and they have filed proper required by law; and bonds. Whereas, the public hearing has been held, all NOW, THEREFORE, BE IT RESOLVED BY persons offering objections have been heard THE CITY COUNCIL OF THE CITY OF and consideration given to all objections and is DUBUQUE, IOWA: pending before this Council; and Regular Session, March 4, 2002 87 th Whereas, this is the time and place set as Passed, approved and adopted this 4 day of provided for the taking of action on the proposed March, 2002. Resolution of Necessity. Ann E. Michalski, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Buol moved adoption of the Resolution. DUBUQUE, IOWA: Seconded by Nicholson. Motion carried 6-0. That the proposed Resolution of Necessity described above is hereby: Amendment to the Ice Harbor Urban Renewal x Adopted, without amendment, and all District: Master Plan and Design Standards: objections filed or made having been Proof of publication on notice of hearing and City dully considered are overruled. Manager recommending adoption of an Adopted as amended by the Schedule Amendment to the Urban Renewal Plan for the of Assessments attached hereto as Ice Harbor Urban Renewal District, and com- Exhibit A, and made a part hereof by munication from the Long Range Planning reference. All objections filed or made Advisory Commission recommending approval having been duly considered are of the proposed amended and restated Urban overruled. Renewal Plan for the Ice Harbor Urban Renewal Deferred for later consideration to a District, presented and read. Buol moved that City Council meeting to be held on the the proof and communications be received and ___ day of , 2002, next at filed. Seconded by Nicholson. Motion carried 7- 6:30 p.m. in , with 0. jurisdiction retained for further A Resolution approving the amended and consideration and action at the restated Urban Renewal Plan for the Ice Harbor adjourned meeting. Urban Renewal District, presented and read. Abandoned. Gordy Mills spoke in favor of the plan and th Passed, adopted and approved this 4 day of urged adoption. March, 2002. John Hendry of the Adams Company spoke Terrance M. Duggan, Mayor requesting that attention be given to the existing Attest: Jeanne F. Schneider, City Clerk jobs and economic base currently in place in the Markham moved adoption of the Resolution. Ice Harbor. Seconded by Nicholson. Motion carried 7-0. Jerry Enzler, of the Mississippi River Museum, spoke encouraging support of the Plan. Mayor Duggan turned control of the meeting to Sue Czeshinkski, Director of the Convention Mayor Pro-Tem Michalski due to possible and Visitors’ Bureau, spoke in support. conflict of interest. Attorney Brian Kane, representing the Diamond Jo, spoke in support of the design Amendment to the Riverfront Plan: Port of standards but expressed concern about applying Dubuque Master Plan: Proof of publication on standards to existing businesses, such as the Diamond Jo. He asked the Council to confirm notice of hearing and Long Range Planning the continuing dialogue between the City and Advisory Commission recommending that the the Diamond Jo as to working on unresolved City Council adopt an amendment to the items. Riverfront Plan to include the Port of Dubuque Laura Carstens, Planning Services Manager, Master Plan, presented and read. Buol moved stated that the Long Range Planning Advisory that the proof and communication be received Commission went on record with a commitment and filed. Seconded by Nicholson. Motion to continued dialogue between the City and carried 7-0. existing businesses and urged adoption of the plan. RESOLUTION NO. 113-02 Rick Dickinson, Executive Director of GDDC, AMENDMENT OF RIVERFRONT PLAN TO spoke in support. INCLUDE PORT OF DUBUQUE MASTER PLAN RESOLUTION NO. 114-02 Whereas, the City of Dubuque has adopted a A RESOLUTION APPROVING THE AMENDED Riverfront Plan that is a component of the AND RESTATED URBAN RENEWAL PLAN adopted Comprehensive Plan; and FOR THE ICE HARBOR URBAN RENEWAL Whereas, the City of Dubuque has developed DISTRICT. a Master Plan for the Port of Dubuque. Whereas, on December 17, 2001, the City NOW THEREFORE, BE IT RESOLVED BY Council of the City of Dubuque, Iowa authorized THE COUNCIL OF THE CITY OF DUBUQUE, the preparation of an Amended and Restated IOWA: Urban Renewal Plan (the "Plan") for the Ice That the Riverfront Plan be amended to Harbor Urban Renewal District (the "District"); include the Port of Dubuque Master Plan. and 88 Regular Session, March 4, 2002 MENT AGREEMENT PROVIDING FOR THE Whereas, the City of Dubuque's primary SALE OF PROPERTY IN THE DUBUQUE objective in amending this Plan is to provide INDUSTRIAL CENTER WEST IN THE CITY OF opportunities for further redevelopment and DUBUQUE, IOWA, TO GIESE PROPERTIES, th reinvestment in the 4 Street Peninsula area L.L.C. and to guide that development through a design Whereas, this Council, by Resolution No. 89- standard and approval process; and 02 dated February 18, 2002, declared its intent Whereas, the Long Range Planning Advisory to enter into a Development Agreement with Commission has reviewed the proposed Plan Giese Properties, L.L.C. and Giese and has found that said document is consistent Manufacturing Company, Inc. for the sale of with the Comprehensive Plan for the certain property in Dubuque Industrial Center development of the City of Dubuque as a whole West in the City of Dubuque, Iowa, (the and has transmitted its findings to the City Property) described in the attached Council; and Development Agreement; and Whereas, a consultation process has been Whereas, pursuant to published notice, a undertaken with affected taxing entities in public hearing was held on the proposed accordance with Chapter 403 of the Code of disposition on March 4, 2002, at 6:30 p.m. at the Iowa with no written objections or recommended Carnegie-Stout Public Library Auditorium, 360 changes to the Plan received; and th W. 11 Street, Dubuque, Iowa; and Whereas, the City Council, in accordance with Whereas, it is the determination of this Council Chapter 403 of the Code of Iowa, has held a that approval of the Development Agreement for public hearing on the proposed amended and the sale to and development of the Property by restated Plan after public notice thereof. Giese Properties, L.L.C. according to the terms NOW, THEREFORE, BE IT RESOLVED BY and conditions set out in the Development THE CITY COUNCIL OF THE CITY OF Agreement is in the public interest of the City of DUBUQUE, IOWA: Dubuque. Section 1. That the Amended and Restated NOW, THEREFORE, BE IT RESOLVED BY Urban Renewal Plan for the Ice Harbor Urban THE CITY COUNCIL OF THE CITY OF Renewal District, attached hereto and made DUBUQUE, IOWA: reference to herein, be approved. Section 1. That the attached Development Section 2. That the City Clerk of the City of Agreement by and among the City of Dubuque, Dubuque, Iowa is hereby authorized and Giese Properties, L.L.C. and Giese directed to file a certified copy of this Resolution Manufacturing Company, Inc. and the sale of the along with the Plan in the office of the Dubuque following described Property to Giese County Recorder. Properties, L.L.C. is hereby approved: TH Passed, approved and adopted this 4 day of Lot 6 of Dubuque Industrial Center West in the March, 2002. City of Dubuque, Dubuque County, Iowa. Ann E. Michalski, Mayor Pro-Tem Section 2. That the Mayor is hereby Attest: Jeanne F. Schneider, City Clerk authorized and directed to execute the Buol moved adoption of the Resolution. Development Agreement on behalf of the City Seconded by Nicholson. Motion carried 6-0. and City Clerk is authorized and directed to attest to his signature. Mayor Duggan returned and took control of the Section 3. That the Mayor and City Clerk are Meeting. hereby authorized and directed to execute and deliver a Special Warranty Deed for the Property Expansion of Giese Manufacturing, Inc. at the as provided in the Development Agreement. Dubuque Industrial Center West: Proof of Section 4. That the City Manager is authorized publication on notice of hearing to consider to take such actions as are necessary to comply disposing of an interest in real property to Giese with the terms of the Development Agreement Properties, L.L.C. and the Giese Manufacturing as herein approved. Company, Inc., and approval of a Development th Passed, approved and adopted this 4 day of Agreement, presented and read. Michalski March 2002. moved that the proof be received and filed. Terrance M. Duggan, Mayor Seconded by Cline. Motion carried 6-0 with Attest: Jeanne F. Schneider, City Clerk Council Member Markham excusing himself Michalski moved adoption of the Resolution. from discussion and voting on this issue. Seconded by Cline. Motion carried 6-0 with Council Member Markham excusing himself Rick Dickinson, Executive Director of the from voting on this issue. GDDC, spoke in support of this project. Riprow Valley – Utility Extension Project: RESOLUTION NO. 115-02 Proofs of publication on notice of hearing on RESOLUTION APPROVING A DEVELOP- Regular Session, March 4, 2002 89 plans and specifications, and notice to bidders City of Dubuque for the complete performance on the receipt of bids, and City Manager of the work. recommending award of the contract for the BE IT FURTHER RESOLVED: Riprow Valley – Utility Extension Project to That upon the signing of said contract and the Horsfield Construction, Inc. in the amount of approval of the contractor's bond, the City $77,973.40, presented and read. Buol moved Treasurer is authorized and instructed to return that the proofs and communication be received the bid deposits of the unsuccessful bidders. and filed. Seconded by Nicholson. Motion Passed, approved and adopted this 4th day of carried 7-0. March, 2002. Regina Thibeau spoke in support of the Terrance M. Duggan, Mayor Riprow Valley projects. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. RESOLUTION NO. 116-02 Seconded by Nicholson. Motion carried 6-0. RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Riprow Valley – Demolition and Grading of WHEREAS, on the 4th day of February, 2002, Ballfield Site Project: Proofs of publication on plans, specifications, form of contract and notice of hearing on plans and specifications, estimated cost were filed with the City Clerk of and notice to bidders on the receipt of bids, and Dubuque, Iowa for the Rip Row Valley Utilities City Manager recommending award of the Extension Project. contract for the Riprow Valley – Demolition and WHEREAS, notice of hearing on plans, Grading of Ballfield Site Project to Horsfield specifications, form of contract, and estimated Construction, Inc. in the amount of $108,928.15, cost was published as required by law. presented and read. Michalski moved that the NOW THEREFORE, BE IT RESOLVED BY proof ands communication be received and filed. THE CITY COUNCIL OF THE CITY OF Seconded by Nicholson. Motion carried 7-0. DUBUQUE, IOWA: RESOLUTION NO. 118-02 That the said plans, specifications, form of RESOLUTION ADOPTING contract and estimated cost are hereby PLANS AND SPECIFICATIONS approved as the plans, specifications, form of contract and estimated cost for said WHEREAS, on the 4th day of February, 2002, improvements for said project. plans, specifications, form of contract and Passed, approved and adopted this 4th day of estimated cost were filed with the City Clerk of March, 2002. Dubuque, Iowa for the Rip Row Valley Terrance M. Duggan, Mayor Demolition and Grading Project. Attest: Jeanne F. Schneider, City Clerk WHEREAS, notice of hearing on plans, Buol moved adoption of the Resolution. specifications, form of contract, and estimated Seconded by Nicholson. Motion carried 6-0. cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 117-02 THE CITY COUNCIL OF THE CITY OF AWARDING CONTRACT DUBUQUE, IOWA: WHEREAS, sealed proposals have been That the said plans, specifications, form of submitted by contractors for the Rip Row Valley contract and estimated cost are hereby Utilities Extension Project pursuant to Resolution approved as the plans, specifications, form of No. 62-02, and notice to bidders published in a contract and estimated cost for said newspaper published in the City of Dubuque, improvements for said project. Iowa, on the 8th day of February, 2002. Passed, approved and adopted this 4th day of WHEREAS, said sealed proposals were March, 2002. opened and read on the 21st day of February, Terrance M. Duggan, Mayor 2002, and it has been determined that the bid of Attest: Jeanne F. Schneider, City Clerk HORSFIELD CONSTRUCTION, INC. in the Michalski moved adoption of the Resolution. amount of $77,973.40 was the lowest bid for the Seconded by Nicholson. Motion carried 7-0. furnishings of all labor and materials and RESOLUTION NO. 119-02 performing the work as provided for in the plans AWARDING CONTRACT and specifications. NOW THEREFORE, BE IT RESOLVED BY WHEREAS, sealed proposals have been THE CITY COUNCIL OF THE CITY OF submitted by contractors for the Rip Row Valley DUBUQUE, IOWA: Demolition and Grading Project pursuant to That the contract for the above improvement Resolution No. 59-02, and notice to bidders be awarded to HORSFIELD CONSTRUCTION, published in a newspaper published in the City INC., and the Manager be and is hereby of Dubuque, Iowa, on the 8th day of February, directed to execute a contract on behalf of the 2002. 90 Regular Session, March 4, 2002 WHEREAS, said sealed proposals were Whereas, the City Council of the City of opened and read on the 21st day of February, Dubuque, Iowa overruled any and all objections, 2002, and it has been determined that the bid of oral or written to the proposal to dispose of HORSFIELD CONSTRUCTION, INC. in the interest of the City of Dubuque, Iowa, in the amount of $108,928.15 was the lowest bid for hereinabove described real estate. the furnishings of all labor and materials and NOW THEREFORE, BE IT RESOLVED BY performing the work as provided for in the plans THE CITY COUNCIL OF THE CITY OF and specifications. DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED BY Section 1. That the disposal of the interest of THE CITY COUNCIL OF THE CITY OF the City of Dubuque, Dubuque County, Iowa real DUBUQUE, IOWA: property described as a 10-foot utility easement That the contract for the above improvement on Lots 4 and 5 of C.J. Bies Subdivision No. 2 in be awarded to HORSFIELD CONSTRUCTION, the City of Dubuque, Iowa, be and the same is INC., and the Manager be and is hereby hereby approved for the cost of publication and directed to execute a contract on behalf of the filing fees. City of Dubuque for the complete performance Section 2. That the Mayor be authorized and of the work. directed to execute a Release of Easement, and BE IT FURTHER RESOLVED: the City Clerk be and is hereby authorized and That upon the signing of said contract and the directed to deliver said Release to Peter and approval of the contractor's bond, the City Pamela Triolo, Roger G. and Christine Klauer, Treasurer is authorized and instructed to return and Patrick and Kathleen M. Sullivan, upon the bid deposits of the unsuccessful bidders. receipt of the above fees. Passed, approved and adopted this 4th day of Section 3. That the City Clerk be and is hereby March, 2002. authorized and directed to record a certified Terrance M. Duggan, Mayor copy of this resolution in the office of the City Attest: Jeanne F. Schneider, City Clerk Assessor, Dubuque County Recorder and Michalski moved adoption of the Resolution. Dubuque County Auditor. th Seconded by Nicholson. Motion carried 7-0. Passed, approved and adopted this 4 day of March, 2002. C.J. Bies Subdivision – Request to Vacate Terrance M. Duggan, Mayor Utility Easement: Proof of publication on notice Attest: Jeanne F. Schneider, City Clerk of hearing to consider a request from Tom Oster Markham moved adoption of the Resolution. to vacate a ten-foot wide utility easement in C.J. Seconded by Nicholson. Motion carried 7-0. Bies Subdivision and City Manager recom- mending approval, presented and read. Buol moved that the rules be reinstated limiting Markham moved that the proof and discussion to the Council. Seconded by communication be received and filed. Seconded Nicholson. Motion carried 7-0. by Nicholson. Motion carried 7-0. ACTION ITEMS RESOLUTION NO. 120-02 RESOLUTION DISPOSING OF INTEREST John Osterhaus – Address the Council: AND VACATE A 10-FOOT WIDE UTILITY Request of John Osterhaus, 2530 Elm Street, to EASEMENT OVER LOTS 4 AND 5 OF C.J. address the Council regarding the proposed BIES SUBDIVISION NO. 2 IN THE CITY OF drainage system, presented and read. DUBUQUE, DUBUQUE COUNTY, DUBUQUE, Mr. Osterhaus spoke requesting Council IOWA consideration of extending the Bee Branch Whereas, pursuant to resolution and published Storm Sewer to the Morrison property and back notice of time and place of hearing, published in to the bike trail and then on to the river. the Telegraph Herald, a newspaper of general Michalski moved that the communication be circulation published in the City of Dubuque, received and filed and referred to the City nd Iowa on the 22 day of February, 2002, the City Manager. Seconded by Cline. Motion carried 7- Council of the City of Dubuque, Iowa met on the 0. th 4 day of March, 2002, at 6:30 p.m. in the Public th Library Auditorium, 360 West 11 Street, Quebecor – Memorandum of Understanding Dubuque, Dubuque, County, Iowa to consider and CEBA Application: City Manager the proposal for the release of real estate recommending approval of a Memorandum of described as: Understanding between the City and Quebecor A 10-foot utility easement on Lots 4 and 5 of and an application to the Iowa Department of C.J. Bies Subdivision No. 2 in the City of Economic Development for a major expansion of Dubuque, Iowa, as shown on the attached their Dubuque facility, presented and read. Exhibit A. Cline moved that the communication be Regular Session, March 4, 2002 91 received and filed. Seconded by Buol. Motion Betterment Account program on behalf of carried 7-0. Quebecor World Dubuque, Inc. is approved. Rich Dunn, General Manager of Quebecor, Section 2. That the local match as identified in spoke requesting Council approval. the application will be considered for approval in the Urban Renewal/Tax Increment Financing RESOLUTION NO. 121-02 approval process. A RESOLUTION APPROVING A MEM- Section 3. That the Mayor is hereby ORANDUM OF UNDERSTANDING WITH authorized to execute, and the City Manager is QUEBECOR WORLD DUBUQUE, INC FOR AN hereby directed to submit said application to the EXPANSION IN DUBUQUE State of Iowa Economic Development Whereas, Quebecor World Dubuque, Inc is Commission together with such documents as proposing to expand employment in the City of may be required. Dubuque, and Passed, approved, and adopted this 4th day of Whereas, the City is encouraging the March 2002. Company to expand its operations in Dubuque, Terrance M. Duggan, Mayor and Attest: Jeanne F. Schneider, City Clerk Whereas, a Memorandum of Understanding Cline moved adoption of the Resolution. has been prepared for said expansion, Seconded by Buol. Motion carried 7-0. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA, AS Fourth Street Parking Ramp Operation: City FOLLOWS: Manager recommending approval of operational Section 1. The attached Memorandum of protocol, equipment and fees for the Fourth Understanding is hereby approved. Street Parking Ramp in anticipation of its June Section 2. The City Manager is hereby 1, 2002 opening, presented and read. Buol directed to prepare documents necessary to moved that the communication be received and implement the Memorandum of Understanding filed and approved recommendation. Seconded th Passed, approved and adopted this 4 day of by Michalski. Motion carried 7-0. March 2002. Terrance M. Duggan, Mayor Local Housing Assistance Program Funds: Attest: Jeanne F. Schneider, City Clerk City Manager recommending approval of an Cline moved adoption of the Resolution. application to the Iowa Department of Economic Seconded by Buol. Motion carried 7-0. Development for Local Housing Assistance Funds in the amount of $250,000 to assist Scott RESOLUTION NO. 122-02 and Dawn Potter construct a 19 room SRO A RESOLUTION AUTHORIZING THE FILING facility on Garfield Avenue, presented and read. OF A COMMUNITY ECONOMIC BETTER- Markham moved that the communication be MENT ACCOUNT (CEBA) APPLICATION ON received and filed and approved BEHALF OF QUEBECOR WORLD DUBUQUE, recommendation. Seconded by Nicholson. INC Motion carried 7-0. Whereas, Quebecor World Dubuque, Inc. has proposed the expansion of its existing ITEMS TO BE SET FOR PUBLIC HEARING operations; and Whereas, the City Council of Dubuque, Iowa Miller-Riverview Park Campsite Rewiring has considered said proposal and has Project: City Manager recommending initiation determined that the proposed project will of the bidding process for the Miller-Riverview contribute to the local economy through the Campsite Rewiring Project and setting a public creation of over 100 new jobs for area residents; hearing for April 1, 2002, presented and read. and Michalski moved that the communication be Whereas, the Iowa Department of Economic received and filed. Seconded by Nicholson. Development's Community Economic Motion carried 7-0. Betterment Account (CEBA) was designed to RESOLUTION NO. 123-02 assist in the economic development efforts of ORDERING BIDS local jurisdictions; and Whereas, the City of Dubuque, Iowa is eligible BE IT RESOLVED BY THE COUNCIL OF to apply for funding from the Community THE CITY OF DUBUQUE, IOWA: Economic Betterment Account program; That the Miller Riverview Park Campsite Re- NOW, THEREFORE, BE IT RESOLVED BY Wiring Project is hereby ordered to be THE CITY COUNCIL OF THE CITY OF advertised for bids for construction. DUBUQUE, IOWA: BE IT FURTHER RESOLVED, that the amount Section 1. That the filing of an application for of the security to accompany each bid shall be in participation in the Iowa Community Economic an amount which shall conform to the provisions of the notice to bidders hereby approved as a 92 Regular Session, March 4, 2002 part of the plans and specifications heretofore BE IT RESOLVED BY THE COUNCIL OF adopted. THE CITY OF DUBUQUE, IOWA: That the City Clerk is hereby directed to That the Miller Riverview Park Campsite Re- advertise for bids for the construction of the wiring Project is hereby ordered to be advertised improvements herein provided, to be published for bids for construction. in a newspaper having general circulation in the BE IT FURTHER RESOLVED, that the amount City of Dubuque, Iowa, which notice shall not be of the security to accompany each bid shall be in less than four days nor more than twenty days an amount which shall conform to the provisions prior to the receipt of said bids at 2:00 p.m. on of the notice to bidders hereby approved as a the 21st day of March, 2002. Bids shall be part of the plans and specifications heretofore opened and read by the City Clerk at said time adopted. and will be submitted to the Council for final That the City Clerk is hereby directed to action at 6:30 p.m. on the 1st day of April, 2002. advertise for bids for the construction of the Passed, approved and adopted this 4th day of improvements herein provided, to be published March, 2002. in a newspaper having general circulation in the Terrance M. Duggan, Mayor City of Dubuque, Iowa, which notice shall not be Attest: Jeanne F. Schneider, City Clerk less than four days nor more than twenty days Michalski moved adoption of the Resolution. prior to the receipt of said bids at 2:00 p.m. on Seconded by Nicholson. Motion carried 7-0. the 21st day of March, 2002. Bids shall be opened and read by the City Clerk at said time RESOLUTION NO. 124-02 and will be submitted to the Council for final FIXING DATE OF HEARING action at 6:30 p.m. on the 1st day of April, 2002. ON PLANS AND SPECIFICATIONS Passed, approved and adopted this 4th day of WHEREAS, the City Council of the City of March, 2002. Dubuque, Iowa has given its preliminary Terrance M. Duggan, Mayor approval on the proposed plans, specifications, Attest: Jeanne F. Schneider, City Clerk and form of contract and placed same on file in Michalski moved adoption of the Resolution. the office of the City Clerk for public inspection Seconded by Nicholson. Motion carried 7-0. of the Miller Riverview Park Campsite Re-wiring Project. Chicago Street Sanitary Sewer Project: City NOW, THEREFORE, BE IT RESOLVED, BY Manager recommending acceptance of the THE CITY COUNCIL OF THE CITY OF Chicago Street Sanitary Sewer Reconstruction DUBUQUE, IOWA, that on the 1st day of April, Project in the final contract amount of 2002, a public hearing will be held at 6:30 p.m. $93,178.80 and further recommending that a in the Public Library Auditorium, at which time public hearing be set for April 1, 2002 on the interested persons may appear and be heard for connection fees for the sanitary sewer, or against the proposed plans and presented and read. Michalski moved that the specifications, form of contract and cost of said communication be received and filed. Seconded improvement, and the City Clerk be and is by Nicholson. Motion carried 7-0. hereby directed to cause a notice of time and RESOLUTION NO. 126-02 place of such hearing to be published in a ACCEPTING IMPROVEMENT newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less Whereas, the contract for the Chicago Street than four days nor more than twenty days prior Sanitary Sewer Extension Project has been to the day fixed for its consideration. At the completed and the City Manager has examined hearing, any interested person may appear and the work and filed his certificate stating that the file objections to the proposed plans, same has been completed according to the specifications, contract, or estimated cost of the terms of the contract, plans and specifications improvement. and recommends its acceptance. Passed, approved and adopted this 4th day of NOW THEREFORE, BE IT RESOLVED BY March, 2002. THE CITY COUNCIL OF THE CITY OF Terrance M. Duggan, Mayor DUBUQUE, IOWA: Attest: Jeanne F. Schneider, City Clerk Section 1. That the recommendation of the Michalski moved adoption of the Resolution City Manager be approved and that said and set this for public hearing on 4/1/02 at a improvement be and the same is hereby meeting to commence at 6:30 P.M. in the public accepted. library auditorium and that the City Clerk publish BE IT FURTHER RESOLVED that the City notice in the manner prescribed by law. Treasurer be and he is hereby directed to pay to Seconded by Nicholson. Motion carried 7-0. the contractor from the Sanitary Sewer Construction Fund in amount equal to the RESOLUTION NO. 125-02 amount of this contract, less any retained ORDERING BIDS percentage provided for therein. Regular Session, March 4, 2002 93 th Passed, approved and adopted this 4 day of NOW THEREFORE, BE IT RESOLVED BY March, 2002. THE CITY COUNCIL OF THE CITY OF Terrance M. Duggan, Mayor DUBUQUE, IOWA: th Attest: Jeanne F. Schneider, City Clerk That on the 6 day of May, 2002, a public Michalski moved adoption of the Resolution. hearing will be held at 6:30 p.m. in the Public Seconded by Nicholson. Motion carried 7-0. Library Auditorium, 360 West 11 Street, at which time interested persons may appear and be RESOLUTION NO. 127-02 heard for or against the establishment of sewer FINAL ESTIMATE connection fees for the Chicago Street Sanitary Whereas, the contract for the Chicago Street Sewer Extension Project, and the City Clerk be Sanitary Sewer Extension Project has been and is hereby directed to cause a notice of time completed and the City Engineer has submitted and place of such being to be published in a his final estimate showing the cost thereof newspaper having general circulation in the City including the cost of estimates, notices and of Dubuque, Iowa, which notice shall not be less inspection and all miscellaneous costs; than 21 days prior to the date fixed for its NOW THEREFORE, BE IT RESOLVED BY consideration. At the hearing, any interested THE CITY COUNCIL OF THE CITY OF person may appear and file objections to the DUBUQUE, IOWA: proposed sewer connection fees for the Chicago Section 1. That the cost of said improvement Street Sanitary Sewer Extension Project. th is hereby determined to be $107,627.62. Passed, approved and adopted this 4 day of Section 2. That $24,986.71 of the cost thereof March, 2002. shall be assessable upon private property and Terrance M. Duggan, Mayor $82,640.91 shall be paid from the Sanitary Attest: Jeanne F. Schneider, City Clerk Sewer Construction Fund. Michalski moved adoption of the Resolution th Passed, approved and adopted this 4 day of and that the Public Hearing be scheduled for March, 2002. 4/1/02 at a meeting to commence at 6:30 P.M. in Terrance M. Duggan, Mayor the public library auditorium and that the City Attest: Jeanne F. Schneider, City Clerk Clerk publish notice in the manner prescribed by Michalski moved adoption of the Resolution. law. Seconded by Nicholson. Motion carried Seconded by Nicholson. Motion carried 7-0. 7-0. RESOLUTION NO. 128-02 Oak Street Sanitary Sewer Project: City A RESOLUTION APPROVING THE PRELIM- Manager recommending acceptance of the Oak INARY SCHEDULE OF FINAL ASSESS- Street Sanitary Sewer Reconstruction Project in MENTS FOR THE CHICAGO STREET the final contract amount of $93,738.94 and SANITARY SEWER EXTENSION PROJECT further recommending that a public hearing be NOW THEREFORE, BE IT RESOLVED BY set for April 1, 2002 on the connection fees for THE CITY COUNCIL OF THE CITY OF the sanitary sewer, presented and read. DUBUQUE, IOWA: Michalski moved that the communication be That attached sheet is hereby determined to received and filed. Seconded by Nicholson. be the preliminary schedule of final assessments Motion carried 7-0. for the Chicago Street Sanitary Sewer Extension RESOLUTION NO. 130-02 Project, and the valuations set out herein are ACCEPTING IMPROVEMENT hereby approved. th Passed, approved and adopted this 4 day of Whereas, the contract for the Oak Street March, 2002. Sanitary Sewer Extension Project has been Terrance M. Duggan, Mayor completed and the City Manager has examined Attest: Jeanne F. Schneider, City Clerk the work and filed his certificate stating that the Michalski moved adoption of the Resolution. same has been completed according to the Seconded by Nicholson. Motion carried 7-0. terms of the contract, plans and specifications and recommends its acceptance. RESOLUTION NO. 129-02 NOW THEREFORE, BE IT RESOLVED BY FIXING DATE OF PUBLIC HEARING ON A THE CITY COUNCIL OF THE CITY OF PROPOSED ORDINANCE ESTABLISHING DUBUQUE, IOWA: SEWER CONNECTION FEES FOR THE Section 1. That the recommendation of the CHICAGO STREET SANITARY SEWER City Manager be approved and that said EXTENSION PROJECT improvement be and the same is hereby Whereas, there is now on file for public accepted. inspection in the office of the City Clerk of BE IT FURTHER RESOLVED that the City Dubuque, Iowa, a proposed Ordinance Treasurer be and he is hereby directed to pay to establishing the Chicago Street Sanitary Sewer the contractor from the Fiscal Year 2001 Extension Project connection fees. Sanitary Sewer Construction Fund in amount 94 Regular Session, March 4, 2002 equal to the amount of this contract, less any establishing the Oak Street Sanitary Sewer retained percentage provided for therein. Extension Project connection fees. th Passed, approved and adopted this 4 day of NOW THEREFORE, BE IT RESOLVED BY March, 2002. THE CITY COUNCIL OF THE CITY OF Terrance M. Duggan, Mayor DUBUQUE, IOWA: th Attest: Jeanne F. Schneider, City Clerk That on the 6 day of May, 2002, a public Michalski moved adoption of the Resolution. hearing will be held at 6:30 p.m. in the Public Seconded by Nicholson. Motion carried 7-0. Library Auditorium, 360 West 11 Street, at which time interested persons may appear and be RESOLUTION NO. 131-02 heard for or against the establishment of sewer FINAL ESTIMATE connection fees for the Oak Street Sanitary Whereas, the contract for the Oak Street Sewer Extension Project, and the City Clerk be Sanitary Sewer Extension Project has been and is hereby directed to cause a notice of time completed and the City Engineer has submitted and place of such being to be published in a his final estimate showing the cost thereof newspaper having general circulation in the City including the cost of estimates, notices and of Dubuque, Iowa, which notice shall not be less inspection and all miscellaneous costs; than 21 days prior to the date fixed for its NOW THEREFORE, BE IT RESOLVED BY consideration. At the hearing, any interested THE CITY COUNCIL OF THE CITY OF person may appear and file objections to the DUBUQUE, IOWA: proposed sewer connection fees for the Oak Section 1. That the cost of said improvement Street Sanitary Sewer Extension Project. th is hereby determined to be $107,799.32. Passed, approved and adopted this 4 day of Section 2. That $33,169.39 of the cost thereof March, 2002. shall be assessable upon private property and Terrance M. Duggan, Mayor $74,629.93 shall be paid from the Fiscal Year Attest: Jeanne F. Schneider, City Clerk 2001 Sanitary Sewer Construction Fund. Michalski moved adoption of the Resolution th Passed, approved and adopted this 4 day of and set public hearing for 4/1/02 at a meeting to March, 2002. commence at 6:30 P.M. in the public library Terrance M. Duggan, Mayor auditorium and that the City Clerk publish notice Attest: Jeanne F. Schneider, City Clerk in the manner prescribed by law. Seconded by Michalski moved adoption of the Resolution. Nicholson. Motion carried 7-0. Seconded by Nicholson. Motion carried 7-0. Fengler Street Bridge – Initiate: City Manager RESOLUTION NO. 132-02 recommending initiation of the bidding process A RESOLUTION APPROVING THE PRELIM- for the Fengler Street Bridge Reconstruction INARY SCHEDULE OF FINAL ASSESS- Project and setting a public hearing for April 1, MENTS FOR THE OAK STREET SANITARY 2002, presented and read. Michalski moved that SEWER EXTENSION PROJECT the communication be received and filed. NOW THEREFORE, BE IT RESOLVED BY Seconded by Nicholson. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 134-02 DUBUQUE, IOWA: PRELIMINARY APPROVAL OF That attached sheet is hereby determined to PLANS AND SPECIFICATIONS be the preliminary schedule of final assessments for the Oak Street Sanitary Sewer Extension NOW THEREFORE, BE IT RESOLVED BY Project, and the valuations set out herein are THE CITY COUNCIL OF THE CITY OF hereby approved. DUBUQUE, IOWA: th Passed, approved and adopted this 4 day of That the proposed plans, specifications, form March, 2002. of contract and estimated cost for the Fengler Terrance M. Duggan, Mayor Street Bridge Reconstruction Project, in the Attest: Jeanne F. Schneider, City Clerk estimated amount of $1,230,699, are hereby Michalski moved adoption of the Resolution. approved and ordered filed in the office of the Seconded by Nicholson. Motion carried 7-0. City Clerk for public inspection. th Passed, adopted and approved this 4 day of RESOLUTION NO. 133-02 March, 2002. FIXING DATE OF PUBLIC HEARING ON A Terrance M. Duggan, Mayor PROPOSED ORDINANCE ESTABLISHING Attest: Jeanne F. Schneider, City Clerk SEWER CONNECTION FEES FOR THE OAK Michalski moved adoption of the Resolution. STREET SANITARY SEWER EXTENSION Seconded by Nicholson. Motion carried 7-0. PROJECT RESOLUTION NO. 135-02 Whereas, there is now on file for public FIXING DATE OF HEARING inspection in the office of the City Clerk of ON PLANS AND SPECIFICATIONS Dubuque, Iowa, a proposed Ordinance Regular Session, March 4, 2002 95 th Whereas, the City Council of the City of Passed, adopted and approved this 4 day of Dubuque, Iowa has given its preliminary March, 2002. approval on the proposed plans, specifications, Terrance M. Duggan, Mayor and form of contract and placed same on file in Attest: Jeanne F. Schneider, City Clerk the office of the City Clerk for public inspection Michalski moved adoption of the Resolution. of the Fengler Street Bridge Reconstruction Seconded by Nicholson. Motion carried 7-0. Project. NOW THEREFORE, BE IT RESOLVED BY Chavenelle Road Extension – Initiate: City THE CITY COUNCIL OF THE CITY OF Manager recommending initiation of the bidding DUBUQUE, IOWA: process for the Chavenelle Road Extension st That on the 1 day of April, 2002, a public Project and setting a public hearing for April 1, hearing will be held at 6:30 p.m. in the Public 2002, presented and read. Michalski moved Library Auditorium at which time interested that the communication be received and filed. persons may appear and be heard for or against Seconded by Nicholson. Motion carried 7-0. the proposed plans and specifications, form of RESOLUTION NO. 137-02 contract and cost of said improvement, and the PRELIMINARY APPROVAL OF City Clerk be and is hereby directed to cause a PLANS AND SPECIFICATIONS notice of time and place of such hearing to be published in a newspaper having general NOW THEREFORE, BE IT RESOLVED BY circulation in the City of Dubuque, Iowa, which THE CITY COUNCIL OF THE CITY OF notice shall be not less than four days nor more DUBUQUE, IOWA: than twenty days prior to the day fixed for its That the proposed plans, specifications, form consideration. At the hearing, any interested of contract and estimated cost for the person may appear and file objections to the Chavenelle Drive Extension Project, in the proposed plans, specifications, contract, or estimated amount of $733,829.57, are hereby estimated cost of the improvement. approved and ordered filed in the office of the th Passed, adopted and approved this 4 day of City Clerk for public inspection. th March, 2002. Passed, adopted and approved this 4 of Terrance M. Duggan, Mayor March, 2002. Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor Michalski moved adoption of the Resolution Attest: Jeanne F. Schneider, City Clerk and set public hearing for 4/1/02 at a meeting to Michalski moved adoption of the Resolution. commence at 6:30 P.M. in the public library Seconded by Nicholson. Motion carried 7-0. auditorium and that the City Clerk publish notice RESOLUTION NO. 138-02 in the manner prescribed by law. Seconded by FIXING DATE OF HEARING ON Nicholson. Motion carried 7-0. PLANS AND SPECIFICATIONS RESOLUTION NO. 136-02 Whereas, the City Council of the City of ORDERING BIDS Dubuque, Iowa has given its preliminary NOW THEREFORE, BE IT RESOLVED BY approval on the proposed plans, specifications, THE COUNCIL OF THE CITY OF DUBUQUE, and form of contract and placed same on file in IOWA: the office of the City Clerk for public inspection That the Fengler Street Bridge Reconstruction of the Chavenelle Drive Extension Project. Project is hereby ordered to be advertised for NOW THEREFORE, BE IT RESOLVED BY bids for construction. THE CITY COUNCIL OF THE CITY OF BE IT FURTHER RESOLVED, that the amount DUBUQUE, IOWA: st of the security to accompany each bid shall be in That on the 1 day of April, 2002, a public an amount which shall conform to the provisions hearing will be held at 6:30 p.m. in the Public of the notice to bidders hereby approved as a Library Auditorium at which time interested part of the plans and specifications heretofore persons may appear and be heard for or against adopted. the proposed plans and specifications, form of That the City Clerk is hereby directed to contract and cost of said improvement, and the advertise for bids for the construction of the City Clerk be and is hereby directed to cause a improvements herein provided, to be published notice of time and place of such hearing to be in a newspaper having general circulation in the published in a newspaper having general City of Dubuque, Iowa, which notice shall not be circulation in the City of Dubuque, Iowa, which less than four days nor more than forty-five days notice shall be not less than four days nor more prior to the receipt of said bids at 2:00 p.m. on than twenty days prior to the day fixed for its th the 20 day of March, 2002. Bids shall be consideration. At the hearing, any interested opened and read by the City Clerk at said time person may appear and file objections to the and will be submitted to the Council for final proposed plans, specifications, contract, or st action at 6:30 p.m. on the 1 day of April, 2002. estimated cost of the improvement. 96 Regular Session, March 4, 2002 th Passed, adopted and approved this 4 day of March, 2002. Terrance M. Duggan, Mayor Approved:__________________________2002 Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution Adopted:___________________________2002 and set this for public hearing for 4/1/02 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish ______________________________________ notice in the manner prescribed by law. Mayor Seconded by Nicholson. Motion carried 7-0. ______________________________________ RESOLUTION NO. 139-02 ORDERING BIDS ______________________________________ NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, ______________________________________ IOWA: That the Chavenelle Drive Extension 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 Council Members of the notice to bidders hereby approved as a part of the plans and specifications heretofore Attest: adopted. That the City Clerk is hereby directed to ______________________________________ advertise for bids for the construction of the City Clerk 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 st the 21 day of March, 2002. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final st action at 6:30 p.m. on the 1 day of April, 2002. th Passed, adopted and approved this 4 day of March, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. There being no further business, Buol moved to adjourn. Seconded by Michalski. Motion carried 7-0. The meeting adjourned at 8:36 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 3/13 Special Session, March 5, 2002 97 carried 8-0. The meeting adjourned at 6:19 GOVERNING BOARD p.m. MUNICIPAL HOUSING AGENCY /s/ Jeanne F. Schneider, CMC OFFICIAL City Clerk 1t 3/15 Governing Board of the Municipal Housing Agency, March 5, 2002 Board Met at 6:15 P.M. in the Public Library Approved:__________________________2002 Auditorium Present: Chairperson Duggan, Members Buol, Adopted:___________________________2002 Cline, Connors, Markham, Michalski, Nicholson, and Danise Miller ______________________________________ Chairperson Duggan read the call and stated Chairperson this is a session of the Governing Board of the Municipal Housing Agency called for the ______________________________________ purpose of discussing the Fiscal Year 2002 operating budget for the Assisted Housing ______________________________________ Programs of the Housing and Community Development Department. ______________________________________ RESOLUTION NO. 140-02 ______________________________________ APPROVING THE FISCAL YEAR 2003 OPERATING BUDGET FOR THE ASSISTED ______________________________________ HOUSING PROGRAMS OF THE HOUSING AND COMMUNITY DEVELOPMENT DEPART- ______________________________________ MENT Members Whereas, the US Department of Housing and Urban Development (HUD) has required that a Attest: governing board be constituted for purposes of approving certain actions of the municipal ______________________________________ housing agency; and City Clerk Whereas, the City Council has duly constituted the governing board of the municipal housing agency of the City of Dubuque passage of Ordinance No. 5-02; and Whereas, passage of the operating budget for the Assisted Housing Programs of the Housing and Community Development Department is an action required of the governing board; and Whereas, the governing board has determined that approval of the operating budget is in the best interests of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE MUNICIPAL HOUSING AGENCY OF THE CITY COUNCIL OF DUBUQUE, IOWA: The operating budget for the Assisted Housing Programs of the Housing and Community Development Department for Fiscal Year 2003 is hereby approved. th Passed, approved and adopted this 5 day of March 2002. Terrance M Duggan, Mayor Attest: Jeanne F Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 8-0. There being no further business, Nicholson moved to adjourn. Seconded by Buol. Motion 98 Special Session, March 5, 2002 DUBUQUE Planning Services Department – Dave Rusk spoke in support of the downtown planning CITY COUNCIL process. OFFICIAL Housing and Community Development PROCEEDINGS Department - no comments. Airport Department – no comments. City Council, Special Session, March 5, 2002 Library Department – no comments. Council Met at 6:30 P.M. in the Public Library Water Department - no comments. Auditorium Purchase of Services - no comments. Present: Mayor Duggan, Council Members Emergency Communications Center - no Buol, Cline, Connors, Markham, Michalski, comments. Nicholson, City Manager Michael Van Milligen, Emergency Management - no comments. Corporation Counsel Barry Lindahl. Fire Department - no comments. Health Services Department - no comments. Mayor Duggan read the call and stated this is Police Department - no comments. a Special Session of the City Council called for Capital Improvement Program – no comments. the purpose of conducting a Public Hearing on Michalski moved that the public hearing the Fiscal Year 2003 Budget and Five Year portion on the Budget be closed. Seconded by Capital Improvement Program. Nicholson. Motion carried 7-0. Proofs of Publication on Notice of Public RESOLUTION NO. 141-02 Hearing on Budget Estimate for Fiscal Year A RESOLUTION ADOPTING THE ANNUAL 2003 and Notice of Public Hearing on Five Year BUDGET, AS AMENDED, FOR THE FISCAL Capital Improvement Program beginning July 1, YEAR ENDING JUNE 30, 2003 2002 through the fiscal year ending June 30, NOW THEREFORE, BE IT RESOLVED BY 2007, presented and read. Michalski moved THE CITY COUNCIL OF THE CITY OF that the proofs be received and filed. Seconded DUBUQUE, IOWA: by Nicholson. Motion carried 7-0. Section 1. That the annual budget, as amended, for the fiscal year ending June 30, Michalski moved to suspend the rules to allow 2003, as set forth in the Adoption of Budget and anyone present to address the Council if they so Certification of Taxes summary and supporting desire. Seconded by Nicholson. Motion carried state budget forms and in the detailed budget in 7-0. support thereof showing the revenue estimates and appropriation expenditures and allocations Public input and discussion on departments in to programs and activities for said fiscal year is the following order: adopted, and the City Clerk is directed to make Human Rights - no comments. the filings required by law and to set up the Finance Department - no comments. books in accordance with the summary and City Manager’s Office - no comments. details as adopted. th City Council - no comments. Passed, approved and adopted this 5 day of City Clerk’s Office - no comments. March 2002. Legal Department - no comments. Terrance M. Duggan, Mayor Engineering Department - no comments. Attest: Jeanne F. Schneider, City Clerk Water Pollution Control Plant - no comments. Buol moved adoption of the Resolution as Operations and Maintenance Department – no amended to include the addition of the Golf comments. Starter position upgrade ($310), the increased Building Services Department - no comments. certified lifeguard pay ($3,164), and reim- Civic Center - no comments. bursement for lifeguard certification and Recreation Division – Mary Lou Baal, recertification costs ($1,500). Seconded by Cottingham and Butler, spoke regarding the Markham. Carried by the following vote: condition of the Town Clock and stating that it Yeas—Buol, Cline, Connors, Markham, would be in the best interest of the City to Michalski, Nicholson. Nays—Duggan. relocate the clock to the Town Clock Building. Park Division - no comments. RESOLUTION NO. 142-02 Information Services Department - no ADOPTION OF FIVE YEAR comments. CAPITAL IMPROVEMENT PROGRAM Cable TV Division - no comments. WHEREAS, a recommended five year Capital Economic Development Department – Rhodes Improvement Program for the period beginning (Bud) Isenhart addressed the Council regarding July 1, 2002, and ending June 30, 2007, for the the use of Tax Increment Financing. City of Dubuque has been prepared and Transit Division – no comments. submitted to the City Council; and Parking Division – no comments. Special Session, March 5, 2002 99 WHEREAS, the five year Capital Improvement NOW, THEREFORE, BE IT RESOLVED BY Program: (1) describes specific capital THE CITY COUNCIL OF THE CITY OF improvement projects; (2) provides estimated DUBUQUE, IOWA: costs for those projects; (3) proposes sources of Section 1. That the Program Year 2002 (Fiscal funds for each of them; and (4) schedules the Year 2003)Community Development Block year during which each project will be Grant Annual Plan attached hereto and by this undertaken; and reference made a part hereof is hereby adopted. WHEREAS, the capital improvement projects Section 2. That the City Manager is hereby for the first year are included in the Fiscal Year authorized and directed to prepare and to submit 2003 budget for the City of Dubuque; and to the U.S. Department of Housing and WHEREAS, the five year Capital Improvement Development the Program Year 2002 (Fiscal Program will be reconsidered annually by the Year 2003) Annual Plan for the use of City Council and appropriately revised; and Community Development Block Grant funds WHEREAS, the adoption of the five year based on this adopted budget. th Capital Improvement Program is a prudent Passed, approved and adopted this 5 day of measure to provide continuity of programs and March, 2002. is in the best interest of the City of Dubuque. Terrance M. Duggan, Mayor NOW THEREFORE, BE IT RESOLVED BY Attest: Jeanne F. Schneider, City Clerk THE CITY COUNCIL OF THE CITY OF Buol moved adoption of the Resolution. DUBUQUE, IOWA: Seconded by Markham. Carried by the following Section 1. That the five year Capital vote: Yeas--Buol, Cline, Connors, Markham, Improvement Program for the period beginning Michalski, Nicholson. Nays--Duggan. July 1, 2002, set out in the Fiscal Year 2002- 2007 Recommended Capital Improvement An Ordinance Amending the City of Dubuque Budget, is hereby approved, and adopted as the Code of Ordinances Section 44-201(a) fixing proposed allocation of the City resources for water rates for residential and industrial uses, capital improvements as scheduled in the years presented and read. shown, subject to annual review and revision. th OFFICAL PUBLICATION Passed, approved and adopted this 5 day of ORDINANCE NO. 11-02 March 2002. AN ORDINANCE AMENDING THE CODE OF Terrance M. Duggan, Mayor ORDINANCES OF THE CITY OF DUBUQUE, Attest: Jeanne F. Schneider, City Clerk IOWA, SECTION 44-201 (a) FIXING WATER Buol moved adoption of the Resolution. RATES FOR RESIDENTIAL AND INDUSTRIAL Seconded by Markham. Carried by the following USES vote: Yeas—Buol, Cline, Connors, Markham, . Michalski, Nicholson. Nays—Duggan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF RESOLUTION NO. 143-02 DUBUQUE, IOWA: A RESOLUTION ADOPTING THE PROGRAM Section 1. Section 44-201 (a), of the code of YEAR 2002 (FISCAL YEAR 2003) Ordinances, City of Dubuque, Iowa is amended COMMUNITY DEVELOPMENT BLOCK to read as follows: GRANT (CDBG) ANNUAL PLAN. *Section 44-201 (a). Residential, Commercial, Whereas, the City of Dubuque has, through a Industrial and all other uses. series of public meetings and hearings, finalized Commencing July 1, 2002, the rates to be a Program Year 2002 (Fiscal Year 2003) charged for water for residential, commercial, Community Development Block Grant Annual industrial and all other uses and purposes by Plan addressing both housing and non-housing person, firm or corporation within the city shall needs in the community; and be fixed and determined as follows: Whereas, copies of the draft Program Year 2002 Monthly Consumption (Fiscal Year 2003) CDBG Annual Plan have Change Per Hundred Cubic Feet been available for public comment 30 days prior First 3,000 $1.53 to City Council action; and Next 12,000 $1.26 Whereas, the City's Community Development Next 35,000 $1.16 Advisory Commission has reviewed and Next 50,000 $1.04 recommended adoption of the Annual Plan; and Next 100,000 $ .90 Whereas, the City Council has held a public Rates shall be subject to the following hearing on the proposed plan and amended the minimum monthly charge according to the size plan to increase funding to the Historic of the meter: Preservation Homeowner Grant program and Meter Size reduce the contingency by $15,000. (Inches) New Charge Cubic Feet 5/8 $ 3.06 200 3/4 $ 7.65 500 100 Special Session, March 5, 2002 1 $ 12.24 800 2,200-2,400…………………………….. $31.26 1 1/2 $ 39.78 2,600 2,400-2,600…………………………….. $33.11 2 $ 66.06 4,600 2,600-2,800…………………………….. $34.96 3 $ 141.66 10,600 2,800-3,000…………………………….. $36.79 4 $ 217.98 16,800 3,000-3,500……………………………… $38.62 6 $ 449.98 36,800 Over 3,500 (for each additional 500 heads or 8 $ 733.10 62,500 fraction thereof) ………………………$ 1.85 Section 2. This ordinance shall take effect on Section 2. This ordinance shall take place on the first day of July, 2002. the first day of July, 2002. thth Passed approved and adopted this 5 day of Passed, approved and adopted this 5 day of March, 2002. March, 2002. Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor Attest: Jeanne Schneider, City Clerk Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald the Published officially in the Telegraph Herald the thth 15 day of March, 2002. 15 day of March, 2002. /s/Jeanne F. Schneider, City Clerk Jeanne F. Schneider, City Clerk 1t 3/15 1t 3/15 Buol moved that the requirement that a Buol moved that the requirement that a proposed Ordinance be considered and voted proposed Ordinance be considered and voted on for passage at two Council Meetings prior to on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be the meeting at which it is to be finally passed be suspended and further moved final consi-suspended and further moved final deration and passage of the Ordinance. consideration and passage of the Ordinance. Seconded by Cline. Motion carried 7-0. Seconded by Cline. Motion carried 7-0. An Ordinance Amending the City of Dubuque An Ordinance Amending the City of Dubuque Code of Ordinances Section 44-202 Fire Code of Ordinances Section 44-83(a)(2) Sprinkler Service, presented and read. establishing the schedule of sewer rates; and amending Section 44-83(a)(3)g. establishing the OFFICIAL PUBLICATION minimum sewer service charge, presented and ORDINANCE NO. 12-02 read. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, OFFICIAL PUBLICATION IOWA, SECTION 44-202 FIRE SPRINKLER ORDINANCE NO. 13-02 SERVICE. AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES NOW, THEREFORE, BE IT ORDAINED BY SECTION 44-83(a)(2) ESTABLISHING THE THE CITY COUNCIL OF THE CITY OF SCHEDULE OF SEWER RATES; AND DUBUQUE, IOWA: AMENDING SECTION 44-83(a)(3)g. Section 1. Section 44-202, of the Code of ESTABLISHING THE MINIMUM SEWER Ordinances, City of Dubuque, Iowa is SERVICE CHARGE amended to read as follows: Section 44-202. Fire Sprinkler Service. NOW, THEREFORE, BE IT ENACTED BY Commencing July 1, 2002, customers who THE CITY COUNCIL OF THE CITY OF have fire sprinkler services shall be billed for this DUBUQUE, IOWA, AS FOLLOWS: service on a monthly basis. This monthly Section 1. Section 44-83(a)(2) of the City of charge shall be included on the customer’s Dubuque Code of Ordinances is amended to regular monthly bill for which charges are fixed read as follows: and determined as follows: Section 44-83 Established: Number of Heads Monthly Charges Commencing with all billings on and after July 1, Current 2002, contributors whose property lies within the Up to 200 (minimum monthly charge) $ 9.20 corporate limits of the City, except as otherwise 200-300................................................$11.04 provided in this Division, shall pay to the City at 300-400................................................$12.88 the same time payment for water services is 400-600................................................$14.71 made, a sewer service charge computed on 600-800................................................$16.55 water consumption on the following rates: 800-1,000.............................................$18.40 * * * 1,000-1,200............................................$20.24 (2) Schedule of Rates: Rates per each one 1,200-1,400............................................$22.07 hundred (100) cubic feet $1.59. 1,400-1,600............................................$23.92 Section 2. Section 44-83(a)(3)g of the City of 1,600-1,800............................................$25.76 Dubuque Code of Ordinances is amended to 1,800-2,000............................................$27.59 read as follows: 2,000-2,200............................................$29.44 (3) Service Charge: Special Session, March 5, 2002 101 * * * container may be less than five (5) gallons in g. Where the quantity of water consumed is capacity. All such containers shall be such that the minimum is charged, the minimum waterproof and fitted with a tight lid and shall sewer service charge, according to the size of have handles, bails, or other suitable lifting the meter, shall be as follows: devices. Containers shall be of a type originally Meter Size Minimum Allowance manufactured for refuse or garbage, with (Inches) Charge (Cubic Feet) tapered sides for easy emptying, and shall be of 5/8 $ 3.17 200 lightweight and sturdy construction. The weight 3/4 $ 7.93 500 of any individual standard container and its 1 or larger $12.69 800 contents shall not exceed forty (40) pounds. Section 3. This Ordinance shall take effect on Galvanized steel and similar metal containers, July 1, 2002. rubber containers, and plastic containers which th Passed, approved and adopted this 5 day of do not become brittle in cold weather, may be March, 2002. used. Oil or grease drums, paint cans, and Terrance M. Duggan, Mayor similar salvaged containers shall not be used. Attest: Jeanne F. Schneider, City Clerk Disposable bags manufactured for garbage and Published officially in the Telegraph Herald the solid waste disposal shall be acceptable unless th 15 day of March, 2002. they are left unattended for such a period of time Jeanne F. Schneider, City Clerk or in such location as to become a health 1t 3/15 hazard. Buol moved that the requirement that a Section 2. Section 40-37 (d) of the City of proposed Ordinance be considered and voted Dubuque Code of Ordinances is hereby on for passage at two Council Meetings prior to amended to read as follows: the meeting at which it is to be finally passed be Sec. 40-37. Charges-Amounts; Exceptions: suspended and further moved final (d) Special Collection: The charge for a special consideration and passage of the Ordinance. collection service for large and bulky rubbish to Seconded by Cline. Motion carried 7-0. each dwelling unit receiving such service when requested by the owner shall be as follows: An Ordinance Amending City of Dubuque A fee of eight dollars ($8.00) shall be paid to the Code of Ordinances Chapter 40-18(b) city by the owner for each time the service is establishing specifications for solid waste provided for up to the equivalent of six (6) cubic containers; amending Section 40-37 establishing yards of solid waste. charges for special collection services for large An additional fee of two dollars ($2.00) shall be and bulky rubbish; and amending Section 40-39 paid for each additional three (3) cubic yards of establishing fees for yard waste collection, solid waste. presented and read. An additional fee for tires, equal to the disposal fees charged at the Dubuque Metro Landfill, OFFICIAL PUBLICATION shall be paid to the city by the owner for each ORDINANCE NO. 14-02 tire. AN ORDINANCE AMENDING THE CITY OF An additional fee of ten dollars ($10.00) shall DUBUQUE CODE OF ORDINANCES SEC- be paid to the city by the owner for the first TION 40-18(b) ESTABLISHING SPECIFI- appliance collected in the service. CATIONS FOR SOLID WASTE CONTAINERS; An additional fee of nine dollars ($9.00) shall AMENDING SECTION 40-37 ESTABLISHING be paid to the city by the owner for each CHARGES FOR SPECIAL COLLECTION additional appliance collected in the service. SERVICES FOR LARGE AND BULKY Section 3. Section 40-39. (d) of the City of RUBBISH; AND AMENDING SECTION 40-39 Dubuque Code of Ordinances is hereby ESTABLISHING FEES FOR YARD WASTE amended to read as follows: COLLECTION Sec. 40-39. Yard Waste: NOW, THEREFORE, BE IT ORDAINED BY (d) Yard waste collected by the city shall be CITY COUNCIL OF THE CITY OF DUBUQUE, placed in degradable paper bags with an affixed IOWA: single-use tag or in permanent waste containers Section 1. Section 40-18 (b) of the City of with an affixed single-use tag or in permanent Dubuque Code of Ordinances waste containers with an affixed annual yard is hereby amended to read as follows: waste permit or be contained by tying devices Sec. 40-18. Containers Required; approved by the city manager. The charges for Specifications; Collection Of Noncomplying collection and disposal of “yard waste” as Containers By City Crews: defined shall be as follows: (b) A standard solid waste container shall be (1) The fee for tying devices approved by the not more than thirty five (35) gallons nor be less city manager shall be one dollar and five cents than five (5) gallons in capacity except when ($1.05) each. only one container is used, in which case such 102 Special Session, March 5, 2002 (2) The fee paid to the city by a property owner the collection charges for class I premises are for an annual yard waste permit for a permanent as follows: waste container shall be twenty dollars ($20.00) When a class I premises has been vacant for a each through June 30 of each year. The fee period not less than three (3) consecutive shall be reduced by one-half (1/2) on July 1 of months, the owner may apply to the city each year, and again by one-half (1/2) on manager for a credit under procedures to be September 1 of each year. A permit shall only established by the city manager. Such credit be used by the property owner who purchased shall continue only so long as the class I it. premises is vacant. (3) The fee for single-use tags shall be one (2) Class I premises when the head of the dollar and five cents ($1.05) each. household is sixty-five (65) years of age or older Section 4. This ordinance shall take effect and has an annual income equal to or less than upon publication. the income standards used by HUD for its Passed, approved and adopted this fifth day of “Section Eight (8) Housing Program” for one and March, 2002. two (2) person households may, upon Terrance M. Duggan, Mayor application to the city manager, be exempted Attest: Jeanne F. Schneider, City Clerk from one-half (1/2) the established collection Published officially in the Telegraph Herald the charge. After the initial application, annual th 15 day of March, 2002. application shall be made by the head of Jeanne F. Schneider, City Clerk household on July 1 of each year to verify 1t 3/15 annual income and eligibility. Buol moved that the requirement that a (3) In cases of extreme financial hardship, the proposed Ordinance be considered and voted city manager, may, and is hereby authorized on for passage at two Council Meetings prior to and empowered to, make adjustments in the the meeting at which it is to be finally passed be monthly collection charges as the city manager suspended and further moved final may deem appropriate. In such cases, the city consideration and passage of the Ordinance. manager shall have the authority to require such Seconded by Cline. Motion carried 7-0. proof of vacancy, financial status, age or extreme hardship as the city manager may An Ordinance amending the City of Dubuque deem necessary. Code of Ordinances Section 40-37(a) Section 2. This ordinance shall take effect on establishing charges for the collection and the first day of July, 2002. disposal of solid waste and recyclable materials Passed, approved and adopted this fifth day of increasing the monthly fee from $7.50 per March, 2002. dwelling unit per month to $8.20, presented and Terrance M. Duggan, Mayor read. Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald the th OFFICIAL PUBLICATION 15 day of March, 2002. ORDINANCE NO. 15-02 Jeanne F. Schneider, City Clerk AN ORDINANCE AMENDING THE CITY OF 1t 3/15 DUBUQUE CODE OF ORDINANCES Buol moved that the requirement that a SECTION 40-37 (a) ESTABLISHING proposed Ordinance be considered and voted CHARGES FOR THE COLLECTION AND on for passage at two Council Meetings prior to DISPOSAL OF SOLID WASTE AND the meeting at which it is to be finally passed be RECYCLABLE MATERIALS INCREASING suspended and further moved final THE MONTHLY FEE FROM $7.50 PER consideration and passage of the Ordinance. DWELLING UNIT PER MONTH TO $8.20 Seconded by Cline. Motion carried 7-0. NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF DUBUQUE, An Ordinance Amending the City of Dubuque IOWA. Code of Ordinances by repealing Section 40-36 Section 1. Section 40-37(a) of the City of providing for a limitation on the quantity of solid Dubuque Code of Ordinances is hereby waste collected from a Class I premises; and by amended to read as follows: amending Section 40-37 establishing fees for Sec. 40-37, Charges-Amounts: Exceptions: the collection of solid waste from Class I, Class Class I premises. Except as qualified below, a II and Class III premises providing for unit based fee of eight dollars and twenty cents ($8.20) per pricing for Class I, II and III premises and dwelling unit per month shall be paid to the city establishing charges for the collection of large by the property owner of each class I premises and bulky rubbish, presented and read. for such services. Said fee shall be in payment for collection and disposal of solid waste and recyclable materials as defined. Exceptions to Special Session, March 5, 2002 103 OFFICIAL PUBLICATION collection charges as the city manager may ORDINANCE NO. 16-02 deem appropriate. In such cases, the city AN ORDINANCE AMENDING THE CITY OF manager shall have the authority to require such DUBUQUE CODE OF ORDINANCES BY proof of vacancy, financial status, age or REPEALING SECTION 40-36 PROVIDING extreme hardship as the city manager may FOR A LIMITATION ON THE QUANTITY OF deem necessary. SOLID WASTE COLLECTED FROM A CLASS Class I premises when a family household of I PREMISES; AND BY AMENDING SECTION five or more persons has an annual income 40-37 ESTABLISHING FEES FOR THE equal to or less than the income standards used COLLECTION OF SOLID WASTE FROM by HUD for its “Section Eight (8) Housing CLASS I, CLASS II AND CLASS III PREMISES Program” for the size of that household may, PROVIDING FOR UNIT BASED PRICING FOR upon application to the city manager, be CLASS I, II AND III PREMISES AND exempted from one-half (1/2) the established ESTABLISHING CHARGES FOR THE collection charge. After the initial application, COLLECTION OF LARGE AND BULKY annual application shall be made by the head of RUBBISH household on July 1 of each year to verify NOW, THEREFORE, BE IT ORDAINED BY annual income and eligibility. CITY COUNCIL OF THE CITY OF DUBUQUE, (b) Class II Premises: A fee of seven dollars IOWA: and twenty cents ($7.20) per month shall be Section 1. Section 40-36 of the City of paid to the city by the property owner of each Dubuque Code of Ordinances is hereby class II premises for such services. Said fee repealed. shall be in payment for collection and disposal of Section 2. Section 40-37 of the City of one (1) thirty-five (35) gallon can or one (1) Dubuque Code of Ordinances is hereby thirty-five (35) gallon trash bag of “solid waste” amended to read as follows: as defined. There is no limit on the number of Sec. 40-37. Charges-Amounts; Exceptions: bins allowed to be collected containing (a) Class I Premises: Except as qualified below, acceptable “recyclable materials” as defined. a fee of seven dollars and twenty cents ($7.20) The owner of a class II premises served by the per dwelling unit per month shall be paid to the city solid waste collection may provide the city city by the property owner of each class I manager with not less than fourteen (14) days’ premises for such services. Said fee shall be in written notice of intent to terminate the service. payment for collection and disposal of one (1) Such termination of service shall be effective at thirty-five (35) gallon can or one (1) thirty-five the beginning of the next billing period after such (35) gallon trash bag of “solid waste” as defined fourteen (14) day notice period. in this chapter. (c) Class III Premises: A fee of seven dollars There is no limit on the number of bins allowed and twenty cents ($7.20) per month shall be to be collected containing acceptable “recyclable paid to the city by the property owner of each materials” as defined in this chapter. Exceptions class III premises for such services. Said fee to the collection charges for class I premises are shall be in payment for collection and disposal of as follows: one (1) thirty-five (35) gallon can or one (1) When a class I premises has been vacant for a thirty-five (35) gallon trash bag of “solid waste” period not less than three (3) consecutive as defined. There is no limit on the number of months, the owner may apply to the city bins allowed to be collected containing manager for a credit under procedures to be acceptable “recyclable materials” as defined. established by the city manager. Such credit The owner of a class III premises served by city shall continue only so long as the class I solid waste collection may provide the city premises is vacant. manager with not less than fourteen (14) days’ (2) Class I premises when the head of the written notice of intent to terminate the service. household is sixty-five (65) years of age or older Such termination of service shall be effective at and has an annual income equal to or less than the beginning of the next billing period after such the income standards used by HUD for its fourteen (14) day notice period. Class I, II or III Premises: “section Eight (8) Housing Program” for one and (d) Unit Based two (2) person households may, upon Pricing: Collection application to the city manager, be exempted Options and Charges:Collection options and class I, II from one-half (1/2) the established collection charges under unit-based pricing for and III charge. After the initial application, annual premises are as follows: application shall be made by the head of A yearly subscription for weekly collection of household on July 1 of each year to verify an additional standard solid waste container, or annual income and eligibility. containers, may be subscribed for an additional (3) In cases of extreme financial hardship, the four dollars and thirty-three cents ($4.33) each city manager, may and is hereby authorized and per month. The subscription ends each year on empowered to, make adjustments in the monthly 104 Special Session, March 5, 2002 th June 30. A subscription may not be cancelled customers shall only use approved rigid solid th before June 30. waste containers with permanent identification (2) A three-month subscription for weekly as to the specific premises. However, for the collection of an additional standard solid waste two weeks following Christmas excess solid container, or containers, may be subscribed for waste may be set out in trash bags with applied an additional four dollars and thirty-three cents City of Dubuque single-use stickers. ($4.33) each per month. The four (4) Special Collection: The charge for a special subscription periods are July, August and collection service for large and bulky rubbish to September; October, November and December; each dwelling unit receiving such service when January, February and March; and, April, May requested by the owner shall be as follows: and June. A subscription may not be cancelled. (1) A fee of eight dollars ($8.00) shall be paid (3) Oversize, non-standard rigid solid waste to the city by the owner for each time the service containers of up to fifty (50) gallons in capacity is provided for up to the equivalent of six (6) may be subscribed as the one (1) container cubic yards of solid waste. covered under the base monthly solid waste fee (2) An additional fee of two dollars ($2.00) for an additional one dollar and eighty cents shall be paid for each additional three (3) cubic ($1.80) per month. Such containers shall be yards of solid waste. holders for standard trash bags for manual (3) An additional fee for tires, equal to the removal by City crews, shall not contain any disposal fees charged at the Dubuque Metro loose material, and shall not be lifted and Landfill, shall be paid to the city by the owner for dumped by crews. Individual trash bags held in each tire. the oversize container shall weigh no more than (4) An additional fee of ten dollars ($10.00) forty (40) pounds. shall be paid to the city by the owner for the first (4) A yearly subscription for weekly collection appliance collected in the service. of an additional oversize solid waste container, (5) An additional fee of nine dollars ($9.00) or containers, may be subscribed for an shall be paid to the city by the owner for each additional five dollars and fifty cents ($5.50) additional appliance collected in the service. each per month. The subscription ends each Section 3. This ordinance shall take effect on th year on June 30. A subscription may not be the sixteenth day of September, 2002. th cancelled before June 30. Passed, approved and adopted this fifth day of (5) A three-month subscription for weekly March, 2002. collection of an additional oversize solid waste Terrance M. Duggan, Mayor container, or containers, may be subscribed for Attest: Jeanne F. Schneider, City Clerk an additional five dollars and fifty cents ($5.50) Published officially in the Telegraph Herald the th each per month. The four (4) subscription 15 day of March, 2002. periods are July, August and September; Jeanne F. Schneider, CMC, City Clerk October, November and December; January, 1t 3/15 February and March; and, April, May and June. Buol moved that the requirement that a A subscription may not be cancelled. proposed Ordinance be considered and voted (6) Solid waste carts, owned by the City for on for passage at two Council Meetings prior to semi-automated lifting, may be subscribed by the meeting at which it is to be finally passed be small business customers, or, owners and/or suspended and further moved final property managers of multiple-family dwellings consideration and passage of the Ordinance. of three (3), four (4), five (5), and, six (6) Seconded by Cline. Motion carried 7-0. dwelling units. The customer shall choose the number and size of the City carts. A subscription An Ordinance Amending the City of Dubuque for a sixty-five (65) gallon City cart is seventeen Code of Ordinances establishing a fee for the dollars ($17.00) each per month. A subscription redemption of seized or impounded dogs and for a ninety-five (95) gallon City cart is twenty-cats by increasing the fee from twenty-five five dollars ($25.00) each per month. dollars ($25.00) to thirty dollars ($30.00) and by (7) Official City of Dubuque single-use stickers increasing the fee for a subsequent costing one dollar five cents ($1.05) shall be impoundment of the same animal within three applied to each additional standard solid waste hundred sixty-five days from thirty-five dollars container or small bulky or bundled item in ($35.00) to sixty dollars ($60.00), presented and excess of the one (1) standard solid waste read. container collected under the base monthly solid OFFICIAL PUBLICATION waste fee or any additional subscribed ORDINANCE NO. 17-02 container(s). AN ORDINANCE AMENDING THE CITY OF (8) Multiple-family dwellings of three (3), four DUBUQUE CODE OF ORDINANCES (4), five (5), and, six (6) dwelling units as well as ESTABLISHING A FEE FOR THE Class II or Class III premises sharing a common REDEMPTION OF SEIZED OR IMPOUNDED setout location with other City solid waste Special Session, March 5, 2002 105 DOGS AND CATS BY INCREASING THE FEE FROM TWENTY-FIVE DOLLARS ($25.00) TO THIRTY DOLLARS ($30.00) AND BY INCREASING THE FEE FOR A SUBSEQUENT Approved:__________________________2002 IMPOUNDMENT OF THE SAME ANIMAL WITHIN THREE HUNDRED SIXTY-FIVE DAYS Adopted:___________________________2002 FROM THIRTY-FIVE DOLLARS ($35.00) TO SIXTY DOLLARS ($60.00) NOW, THEREFORE, BE IT ORDAINED BY ______________________________________ THE CITY COUNCIL OF THE CITY OF Mayor DUBUQUE, IOWA: Section 1. Section 7-23(a) of the City of ______________________________________ Dubuque Code of Ordinances is hereby amended to read as follows: ______________________________________ Sec. 7-23. Redemption. Except as otherwise provided, the possession ______________________________________ of any licensed dog or cat seized or impounded pursuant to this article may be obtained by the ______________________________________ owner by paying impoundment fee of thirty dollars ($30.00) plus the separate daily fee for ______________________________________ keeping such dog or cat each day or fraction thereof during the time that such dog or cat is ______________________________________ impounded. Upon the second subsequent Council Members impoundment of the same animal within three hundred sixty-five (365) days, an impoundment Attest: fee of sixty dollars ($60.00) shall be assessed, plus the separate daily fee for keeping such dog ______________________________________ or cat each day or fraction thereof during the City Clerk time which said dog or cat is impounded. Section 2. This Ordinance shall take effect July 1, 2002. th Passed, approved and adopted 5 day of March, 2002. Terrance M. Duggan, Mayor Attest: Jeanne Schneider, CMC, City Clerk Published officially in the Telegraph Herald the th 15 day of March, 2002. Jeanne F. Schneider, CMC City Clerk 1t 3/15 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Cline. Motion carried 7-0. Buol moved that the Capital Improvement Project dealing with the Bee Branch Creek th Restoration from 24 Street to railroad tracks in the amount of $11,018,000 in Fiscal Year 2005 be removed from the budget. Seconded by Cline. Motion passed 7-0. There being no further business, Michalski moved to adjourn. Seconded by Buol. Motion carried 7-0. The meeting adjourned at 7:14 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 1t 3/15 106 Special Session, March 14, 2002 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, March 14, 2002 Approved:__________________________2002 Council met in special session at 5:00 p.m. in Conference Room B, City Hall Adopted:___________________________2002 Present: Mayor Duggan, Council Members Buol, Cline, Connors, Michalski, Nicholson; City Manager Michael Van Milligen ______________________________________ Absent: Council Member Markham Mayor Mayor Duggan read the call and stated this is ______________________________________ a special session of the City Council called for the purpose of extending the bidding process for ______________________________________ the Mississippi Riverwalk and Amenities Project. ______________________________________ Communication from the City Manager recommending that the receipt of bids date for ______________________________________ the Mississippi Riverwalk and Amenities Project be extended from March 19, 2002 to April 4, ______________________________________ 2002 and the award of contract date moved to April 15, 2002, presented and read. Buol ______________________________________ moved that the communication be received and Council Members filed. Seconded by Nicholson. Motion carried 7- 0. Attest: RESOLUTION NO. 140-02 ORDERING BIDS ______________________________________ Whereas, the City Council adopted Resolution City Clerk No. 98-02 ordering bids to be received on March 19, 2002, for the Mississippi Riverwalk & Amenities Project; and Whereas, the City Council now wishes to receive bids on April 4, 2002. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 98-02 is hereby rescinded and a new Resolution Ordering Bids is proposed in lieu thereof. Section 2. That the receipt of bids for the Mississippi Riverwalk & Amenities Project is hereby ordered to be amended to April 4, 2002, and the award of contract is hereby amended to April 15, 2002. th Passed, approved and adopted this 14 day of March, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. There being no further business, Michalski moved to adjourn. Seconded by Nicholson. Motion carried 6-0. The meeting adjourned at 5:02 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 1t 3/20 Regular Session, March 18, 2002 107 Notice of Claims/Suits: Cindy Frommelt in DUBUQUE estimated amount of $241.72 for vehicle damage; Fannie Stout House in estimated CITY COUNCIL amount of $350 for property damage; Lynn E. OFFICIAL Lampe in estimated amount of $862.89 for PROCEEDINGS vehicle damage; Marty and Linda Maas in estimated amount of $3,243.50 for vehicle City Council, Regular Session, March 18, 2002 damage; Kenneth and Marla Meyer in estimated City Council met in Regular Session at 6:30 amount of $2,460.20 for property damage; Gus P.M. in the Library Auditorium Psihoyos in estimated amount of $597.68 for Present: Mayor Duggan, Council Members vehicle damage; Joan Reinholt in undetermined Buol, Cline, Connors, Michalski, Nicholson, City amount for personal injury; Jeanne Schneider in Manager Michael Van Milligen, Corporation estimated amount of $1,363.82 for vehicle Counsel Barry Lindahl. damage, presented and read. Buol moved that Absent: Council Member Markham the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Mayor Duggan read the call and stated this is Nicholson. Motion carried 6-0. the regular session of the City Council called for the purpose of acting upon such business which Corporation Counsel advising that the may properly come before the City Council. following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Invocation was given by Dr. Alan Crandall, Iowa Communities Assurance Pool: Allied Campus Chaplain, University of Dubuque. Insurance (for Marty Maas) for vehicle damage; Lynn E. Lampe for vehicle damage; Marla and CONSENT ITEMS Kenneth Meyer for property damage; Gus Psihoyos for vehicle damage; Joan Reinholt for Minutes Submitted: Airport Commission of personal injury; Jeanne Schneider for vehicle 2/25; Building Code Board of Appeal of 2/28; damage; James VanVors for personal injury; Citizens with Disabilities Parking Review and Jennifer Ziegler for personal injury, Committee of 1/22; City Conference Board of presented and read. Buol moved that the 2/11 and 3/4; City Council of 2/27 and 3/4; Civil communications be received and filed and Service of 2/8; Electrical Code Board of 2/27; concurred. Seconded by Nicholson. Motion Environmental Stewardship Advisory Com- carried 6-0. mission of 3/5; Five Flags Commission of 1/14; Governing Board of the Municipal Housing Corporation Counsel recommending denial of Agency of 3/5; Historic Preservation the claims of Deborah S. DeVenuta for vehicle Commission of 2/11 and 2/21; Housing damage, Jorja’s Restaurant for property Commission of 2/28; Housing Commission Trust damage, and Christine Kuhle for vehicle Fund Committee of 2/22; Human Rights damage, presented and read. Buol moved Commission of 2/11 and 2/21; Long Range that the communications be received and filed Planning Advisory Commission of 2/20; and concurred. Seconded by Nicholson. Motion Mechanical Board of 3/5; Zoning Advisory carried 6-0. Commission of 3/6; Zoning Board of Adjustment of 2/28, presented and read. Buol moved that Corporation Counsel recommending the minutes be received and filed. Seconded by settlement of the claim of Lois Wubben in the Nicholson. Motion carried 6-0. amount of $88.38 for vehicle damage and directing the Finance Director to issue the Proofs of publication of City Council appropriate payment, presented and read. Buol Proceedings for 2/20, 2/21, 2/25 and 2/27; and moved that the communication be received and List of Claims and Summary of Revenues for filed and concurred with recommendation and Month Ending January 31, 2002, presented and directed the Finance Director to issue proper read. Buol moved that the proofs be received payment. Seconded by Nicholson. Motion and filed. Seconded by Nicholson. Motion carried 6-0. carried 6-0. Iowa Department of Transportation: Finance Director submitting the Financial Communication from Mark F. Wandro, Director Reports for the month ending February 28, of the Iowa Department of Transportation, 2002, presented and read. Buol moved that the acknowledging receipt of Mayor Duggan’s letter communication be received and filed. Seconded regarding Iowa 32, presented and read. Buol by Nicholson. Motion carried 6-0. moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6- 0. 108 Regular Session, March 18, 2002 Communication from Donna Smith, Chair of Hillcrest Family Services Continuum of Care the Dubuque County Board of Supervisors, to Project – Notice of No Significant Impact: City Mark Wandro, Iowa Department of Manager recommending approval of a combined Transportation, regarding the future of Iowa 32 notice of no significant impact on the (Southwest Arterial), presented and read. Buol environment and notice of intent to request moved that the communication be received and release of funds for the Hillcrest Family Services filed. Seconded by Nicholson. Motion carried 6-Continuum of Care Project, presented and read. 0. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion Legislative Correspondence: carried 6-0. Communication of City Manager Michael C. RESOLUTION NO. 145-02 Van Milligen to area legislators regarding the A RESOLUTION AUTHORIZING PUBLICA- recent State budget proposal which eliminates TION OF A COMBINED NOTICE OF FINDING funding for aviation and the programs that have OF NO SIGNIFICANT IMPACT ON THE been administered by the Iowa DOT Office of ENVIRONMENT AND NOTICE OF INTENT TO Aviation and the negative impact it would have REQUEST RELEASE OF FUNDS FOR on the City of Dubuque, presented and read. HILLCREST FAMILY SERVICES CONTINUUM Buol moved that the communication be received OF CARE PROJECT and filed. Seconded by Nicholson. Motion . carried 6-0. Whereas, the Hillcrest Family Services has Communication of City Manager Michael C. received a Supportive Housing Program (SHP) Van Milligen to area legislators urging them to grant from the U.S. Department of Housing and resist any efforts to further erode the use of Tax Urban Development, and Increment Financing in the State of Iowa Whereas, pursuant to the rules and regulations (Senate File 2284), presented and read. Buol as promulgated by the U.S. Department of moved that the communication be received and Housing and Urban Development, an filed. Seconded by Nicholson. Motion carried 6-environmental review has been processed for 0. the Hillcrest Family Services Continuum of Care Rhodes (Bud) Isenhart, 8908 Quail Ridge Ct., project; and Dubuque, spoke of the specifics of Tax Whereas, based on said environmental review, Increment Financing and its effect on other the Department of Housing and Community taxing entities. Development has determined that said project Communication of City Manager Michael C. will have no significant impact on the Van Milligen to area legislators urging them to environment; and support a comprehensive property tax study bill Whereas, a combined notice of " Finding of No (Senate File 2284), presented and read. Buol Significant Impact on the Environment" and of moved that the communication be received and "Intent to Request Release of Funds" for said filed. Seconded by Nicholson. Motion carried 6-project will be sent by regular mail to various 0. federal, state and local public agencies; to the Communication of City Manager Michael C. appropriate Regional Office of the Van Milligen to area legislators requesting their Environmental Protection Agency, to the HUD support of an appropriation for the Brownfield Area Office and to the local news media, Redevelopment Fund, presented and read. individuals and groups known to be interested Buol moved that the communication be received and believed to be appropriate to receive such a and filed. Seconded by Nicholson. Motion notice; and carried 6-0. Whereas, any and all comments received as a Communication of City Manager Michael C. result of such notice will be duly considered Van Milligen to area legislators requesting that before proceeding with a Request for Release of they not support the Construction Management Funds and Certification. Bill (Senate File 2292) as it will severely hinder NOW, THEREFORE, BE IT RESOLVED BY cities undertaking public improvements, THE CITY COUNCIL OF THE CITY OF presented and read. Buol moved that the DUBUQUE, IOWA: communication be received and filed. Seconded Section 1. That the City Clerk be and is hereby by Nicholson. Motion carried 6-0. authorized and directed to publish a combined Communication of City Manager Michael C. Notice of Finding of No Significant Impact on the Van Milligen to area legislators regarding Environment and Notice of Intent to Request Chapter 411 of the Municipal Fire and Police Release of Funds for the Hillcrest Family Retirement System of Iowa, presented and read. Services Continuum of Care project and to make Buol moved that the communication be received the Environmental Review Record for said and filed. Seconded by Nicholson. Motion project available for public inspection and carried 6-0. comment until 5:00 p.m. on April 8, 2002. Such Regular Session, March 18, 2002 109 notice shall be in the form of Exhibit "A" attached Whereas, said plat of survey has been hereto and made a part hereof. examined by the Zoning Advisory Commission Section 2. That the environmental review and had its approval endorsed thereon; and record for the project shall be placed on file in Whereas, said plat of survey has been the Office of the City Clerk where said record examined by the City Council and they find that may be examined and copied by any interested it conforms to the statutes and ordinances party. relating thereto. Section 3. That the Mayor of the City of NOW THEREFORE, BE IT RESOLVED BY Dubuque is hereby authorized and directed to THE CITY COUNCIL OF THE CITY OF submit to the U.S. Department of Housing and DUBUQUE, IOWA: Urban Development fifteen (15) days after Section 1. That Section 42-19(b) of the publication of appropriate notice a Request for Subdivision Regulations is waived to allow Lot 3 Release of Funds to undertake the said project. with 0 feet of lot frontage, where 50 feet is Section 4. That the Mayor of the City of required. Dubuque is hereby authorized to consent to Section 2. That the plat of survey Lots 1, 2 & 3 assume the status of a responsible federal of A. H. Oeth Subdivision No. 5 is hereby official under the National Environmental approved, and the Mayor and City Clerk are Protection Act, insofar as the provisions of the hereby authorized and directed to endorse the said Act apply to the U.S. Department of approval of the City of Dubuque, Iowa upon said Housing and Urban Development final plat. responsibilities for review, decision making, and Passed, approved and adopted this 18th day action assumed and carried out by the City of of March 2002. Dubuque as to environmental issues. Terrance M. Duggan, Mayor Section 5. That the Mayor of the City of Attest: Jeanne F. Schneider, City Clerk Dubuque is hereby authorized to consent Buol moved adoption of the Resolution. personally, in his official capacity and on behalf Seconded by Nicholson. Motion carried 6-0. of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to Final Plat for Davis Place II: Zoning Advisory enforce responsibilities in relation to Commission recommending approval of the environmental review, decision-making and minor final plat for Davis Place II to facilitate action. construction of a 19-unit rooming and boarding Section 6. That the Mayor of the City of house on Lot 2 (511 – 515 Garfield Avenue), Dubuque be and he is hereby authorized and presented and read. Buol moved that the directed to execute a certification pertaining to communication be received and filed. Seconded the environmental review procedures. by Nicholson. Motion carried 6-0. th Passed, approved and adopted this 18 day of RESOLUTION NO. 147-02 March 2002. RESOLUTION APPROVING THE FINAL PLAT Terrance M. Duggan, Mayor OF DAVIS PLACE II IN THE CITY OF Attest: Jeanne F. Schneider, City Clerk DUBUQUE, IOWA. Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Whereas, there has been filed with the City Clerk a Final Plat of Davis Place II in the City of A.H. Oeth Subdivision No. 5 – Plat of Survey: Dubuque, Iowa; and Zoning Advisory Commission recommending Whereas, said plat of survey has been approval of the Plat of Survey of Lots 1, 2 and 3 examined by the Zoning Advisory Commission of A.H. Oeth Subdivision No. 5, presented and and had its approval endorsed thereon; and read. Buol moved that the communication be Whereas, said plat of survey has been received and filed. Seconded by Nicholson. examined by the City Council and they find that Motion carried 6-0. it conforms to the statutes and ordinances relating thereto. RESOLUTION NO. 146-02 NOW THEREFORE, BE IT RESOLVED BY RESOLUTION APPROVING THE PLAT OF THE CITY COUNCIL OF THE CITY OF SURVEY OF LOTS 1, 2 & 3 OF A.H. OETH DUBUQUE, IOWA: SUBDIVISION NO. 5 IN THE CITY OF Section 1. That the Final Plat Davis Place II is DUBUQUE, IOWA. hereby approved, and the Mayor and City Clerk Whereas, there has been filed with the City are hereby authorized and directed to endorse Clerk a Plat of Survey of Lots 1, 2 & 3 of A. H. the approval of the City of Dubuque, Iowa upon Oeth Subdivision No. 5 in the City of Dubuque, said final plat. Iowa; and Passed, approved and adopted this 18th day Whereas, said plat provides Lot 3 with 0 feet of of March 2002. lot frontage, where 50 feet is required by Section Terrance M. Duggan, Mayor 42-19(b) of the Subdivision Regulations; and Attest: Jeanne F. Schneider, City Clerk 110 Regular Session, March 18, 2002 Buol moved adoption of the Resolution. at the expense of said City of Dubuque for public Seconded by Nicholson. Motion carried 6-0. outdoor recreational use. 4. That no financial assistance has been given Land and Water Conservation Fund Grant or promised under any other federal program or Application for Harvest View Estates Park: City activity with regard to the proposed project. Manager recommending approval of the 5. That it will not discriminate against any submission of a Land and Water Conservation person on the basis of race, color, or natural Fund Grant Application for Harvest View Estates origin in the use of any property or failure Park, presented and read. Buol moved that the acquired or developed pursuant to this proposal, communication be received and filed. Seconded and shall comply with the terms and intent of the by Nicholson. Motion carried 6-0. Title VI of the Civil Rights Act of 1964, P.L. 88- 352 (1964) and of the regulations promulgated Section II – Application pursuant to such Act by the Secretary of the LAND AND WATER CONSERVATION FUND Interior and contained in 43 CFR 17. PROJECT PROPOSAL 6. That it will maintain adequate financial RESOLUTION NO. 148-02 records on the proposed project to substantiate RESOLUTION ON ACQUISITION OR claims for cost-sharing. DEVELOPMENT THIS IS TO CERTIFY that the foregoing is a FOR OUTDOOR RECREATION true and correct copy of a resolution duly and County: Dubuque legally adopted by the City of Dubuque at a legal th Whereas, the City of Dubuque is interested in meeting held on this 18 day of March, 2002. acquiring lands or developing outdoor Terrance M. Duggan, Mayor recreational facilities on the following described Attest: Jeanne F. Schneider, City Clerk project for the enjoyment of the citizenry of Buol moved adoption of the Resolution. Dubuque and the State Iowa. Seconded by Nicholson. Motion carried 6-0. Project Title: Harvest View Park Total Estimated Cost: $121,500 Collective Bargaining Agreement with the Brief Description of Project: The project Amalgamated Transit Union: City Manager includes the development of a playground, recommending approval of a one year landscaping amenities and a sidewalk in a newly agreement between the City of Dubuque and the developed subdivision in the City of Dubuque. Amalgamated Transit Union, Local #329, And, Land and Water Conservation Fund presented and read. Buol moved that the financial assistance is required for the communication be received and filed. Seconded acquisition or development of said outdoor by Nicholson. Motion carried 6-0. recreational facilities. RESOLUTION NO. 149-02 NOW THEREFORE, BE IT RESOLVED BY APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA THAT THE THE CITY OF DUBUQUE, IOWA, AND THE PROJECT DESCRIBED ABOVE BE AMALGAMATED TRANSIT UNION, LOCAL AUTHORIZED. #329 AND AUTHORIZING THE MAYOR TO AND, be it further resolved that said City of SIGN THE AGREEMENT Dubuque make application to the Iowa Department of Natural Resources to seek Land Whereas, the Sixty-Fifth General Assembly and Water Conservation Fund financial adopted the Public Employment Relations Act, assistance from the National Park Service in the Chapter 20, Code of Iowa; and amount of 42% of the actual cost of the project Whereas, the City of Dubuque is a public in behalf of said City of Dubuque employer within the meaning of Section 3 (1) of AND, be it further resolved that said City of the Public Employment Relations Act; and Dubuque certifies to the following: Whereas, the Amalgamated Transit Union, 1. That it will accept the terms and conditions Local #329 is an employee organization within set forth in the NPS Grants-in-Aid Manual and the meaning of Section 3 (4) of the Public which will be a part of the Project Agreement for Employment Relations Act; and any grant awarded under the attached proposal. Whereas, the Amalgamated Transit Union, 2. That it is in complete accord with the Local #329 submitted a request to bargain attached proposal and that it will carry out the collectively on behalf of the employees within its acquisition and/or development in the manner representation; and described in the proposal and any plans and Whereas, bargaining between the parties has specifications attached thereto unless prior occurred and an agreement has been approval for any change has been received from concluded. the Iowa Department of Natural Resources. NOW, THEREFORE, BE IT RESOLVED BY 3. That it has the ability and intention to THE CITY COUNCIL OF THE CITY OF finance its share of the cost of the project and DUBUQUE, IOWA: that the project will be operated and maintained Regular Session, March 18, 2002 111 Section 1. That the terms of the agreement be permit to the Corps of Engineers for completion approved and the Mayor authorized and directed of the permit process. th to sign the collective bargaining agreement. Passed, approved and adopted this 18 day of Passed, approved and adopted this 18th day March, 2002. of March, 2002. Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Seconded by Nicholson. Motion carried 6-0. Center Grove Storm Sewer Reconstruction Corps of Engineers Construction Permit: City Project – Acceptance: City Manager Manager recommending approval to execute a recommending acceptance of the Center Grove Corps of Engineers construction permit to allow Storm Sewer Reconstruction Project as the Peavey Company to construct a river completed by Horsfield Construction in the final terminal dock facility in the Peosta Channel, contract amount of $88,664.25, presented and presented and read. Buol moved that the read. Buol moved that the communication be communication be received and filed. Seconded received and filed. Seconded by Nicholson. by Nicholson. Motion carried 6-0. Motion carried 6-0. RESOLUTION NO. 150-02 RESOLUTION NO. 151-02 RESOLUTION AUTHORIZING EXECUTION OF ACCEPTING IMPROVEMENT THE CORPS OF ENGINEERS PERMIT FOR Whereas, the contract for the Center Grove CONSTRUCTION OF A RIVER TERMINAL Storm Sewer Project has been completed and DOCK FACILITY IN THE PEOSTA CHANNEL the City Manager has examined the work and Whereas, the City of Dubuque and the Peavey filed his certificate stating that the same has Company have negotiated a lease re-been completed according to the terms of the assignment to relocate Peavey’s operations to contract, plans and specifications and th the 12 Street Extension Commercial District; recommends its acceptance. and NOW THEREFORE, BE IT RESOLVED BY Whereas, the terms of the proposed lease THE CITY COUNCIL OF THE CITY OF agreement require the City to work with the DUBUQUE, IOWA: Peavey Company and the Corps of Engineers to Section 1. That the recommendation of the obtain a permit to construct a dock terminal in City Manager be approved and that said the Peosta Channel for the use of the Peavey improvement be and the same is hereby Company; and accepted. Whereas, the Peavey Company proposes to BE IT FURTHER RESOLVED that the City construct a 21-foot diameter sheet pile load cell Treasurer be and he is hereby directed to pay to dock and four (4) mooring pile clusters within the the contractor from the Fiscal Year 2001 Peosta Channel riverbank toe of slope; and General Fund and the General Storm Whereas, environmental concerns regarding Construction Fund in amount equal to the the existence of freshwater mussels at the amount of this contract, less any retained proposed site will require relocation of any percentage provided for therein. th mussels in the construction area, as required by Passed, approved and adopted this 18 day of the Federal Endangered Species Act of 1973; March, 2002. and Terrance M. Duggan, Mayor Whereas, the City Council of the City of Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque approves the terms and conditions of Buol moved adoption of the Resolution. the Corps of Engineers Permits, including the Seconded by Nicholson. Motion carried 6-0. relocation requirements for any freshwater RESOLUTION NO. 152-02 mussels found in the construction area. FINAL ESTIMATE NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Whereas, the contract for the Center Grove DUBUQUE, IOWA: Storm Sewer Project has been completed and Section 1. That the City Council approves the the City Engineer has submitted his final terms and conditions of the attached permit from estimate showing the cost thereof including the the Corps of Engineers for the Peavey cost of estimates, notices and inspection and all Company’s construction of a river terminal dock miscellaneous costs; facility in the Peosta Channel. NOW THEREFORE, BE IT RESOLVED BY Section 2. That the City Manager be THE CITY COUNCIL OF THE CITY OF authorized and directed to execute the permit on DUBUQUE, IOWA: behalf of the City of Dubuque and to forward the Section 1. That the cost of said improvement is hereby determined to be $101,268.42 and the 112 Regular Session, March 18, 2002 said amount shall be paid from the Fiscal Year Section 1. That the cost of said improvement 2001 General Fund and the General Storm is hereby determined to be $317,179.26 and the Sewer Construction Fund of the City of said amount shall be paid from the General Dubuque, Iowa. Storm Sewer Construction Fund of the City of th Passed, approved and adopted this 18 day of Dubuque, Iowa. th March, 2002. Passed, approved and adopted this 18 day of Terrance M. Duggan, Mayor March, 2002. Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk Seconded by Nicholson. Motion carried 6-0. Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Jackson Street Relief Storm Sewer Construction Project – Acceptance: City Northwest Arterial Basin Modifications Project Manager recommending acceptance of the (Phase I) – Acceptance: City Manager Jackson Street Relief Storm Sewer Construction recommending acceptance of the Northwest Project as completed by Portzen Construction in Arterial Basin Modification Project (Phase I), as the final contract amount of $288,472.48, completed by Horsfield Construction in the final presented and read. Buol moved that the contract amount of $175,573.79, presented and communication be received and filed. Seconded read. Buol moved adoption of the Resolution. by Nicholson. Motion carried 6-0. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 153-02 RESOLUTION NO. 155-02 ACCEPTING IMPROVEMENT ACCEPTING IMPROVEMENT Whereas, the contract for the Jackson Street Whereas, the contract for the Northwest Relief Storm Sewer Project has been completed Arterial Detention Basin Modification Project and the City Manager has examined the work (Phase I) has been completed and the City and filed his certificate stating that the same has Manager has examined the work and filed his been completed according to the terms of the certificate stating that the same has been contract, plans and specifications and completed according to the terms of the recommends its acceptance. contract, plans and specifications and NOW THEREFORE, BE IT RESOLVED BY recommends its acceptance. THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF Section 1. That the recommendation of the DUBUQUE, IOWA: City Manager be approved and that said Section 1. That the recommendation of the improvement be and the same is hereby City Manager be approved and that said accepted. improvement be and the same is hereby BE IT FURTHER RESOLVED that the City accepted. Treasurer be and he is hereby directed to pay to BE IT FURTHER RESOLVED that the City the contractor from the General Storm Sewer Treasurer be and he is hereby directed to pay to Construction Fund in amount equal to the the contractor from the Fiscal Year 1999 amount of this contract, less any retained General Fund in amount equal to the amount of percentage provided for therein. this contract, less any retained percentage th Passed, approved and adopted this 18 day of provided for therein. th March, 2002. Passed, approved and adopted this 18 day of Terrance M. Duggan, Mayor March, 2002. Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk Seconded by Nicholson. Motion carried 6-0. Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 154-02 FINAL ESTIMATE RESOLUTION NO. 156-02 FINAL ESTIMATE Whereas, the contract for the Jackson Street Relief Storm Sewer Project has been completed Whereas, the contract for the Northwest and the City Engineer has submitted his final Arterial Detention Basin Modification Project estimate showing the cost thereof including the (Phase I) has been completed and the City cost of estimates, notices and inspection and all Engineer has submitted his final estimate miscellaneous costs; showing the cost thereof including the cost of NOW THEREFORE, BE IT RESOLVED BY estimates, notices and inspection and all THE CITY COUNCIL OF THE CITY OF miscellaneous costs; DUBUQUE, IOWA: Regular Session, March 18, 2002 113 NOW THEREFORE, BE IT RESOLVED BY Enterprise Zone Agreement between the Iowa THE CITY COUNCIL OF THE CITY OF Department of Economic Development, City of DUBUQUE, IOWA: Dubuque, and Cottingham and Butler Insurance Section 1. That the cost of said improvement Services, Inc., related to the rehabilitation of the is hereby determined to be $201,909.86 and the Town Clock Building at 835 Main Street, said amount shall be paid from the Fiscal Year presented and read. Buol moved that the 1999 General Fund of the City of Dubuque, communication be received and filed. Seconded Iowa. by Nicholson. Motion carried 6-0. th Passed, approved and adopted this 18 day of RESOLUTION NO. 158-02 March, 2002. RESOLUTION APPROVING AN ENTERPRISE Terrance M. Duggan, Mayor ZONE AGREEMENT BY AND AMONG THE Attest: Jeanne F. Schneider, City Clerk IOWA DEPARTMENT OF ECONOMIC Buol moved adoption of the Resolution. DEVELOPMENT, THE CITY OF DUBUQUE Seconded by Nicholson. Motion carried 6-0. AND COTTINGHAM & BUTLER INSURANCE SERVICE, INC. Economic Development Administration Grant Application: City Manager recommending Whereas, the City of Dubuque has established approval of a pre-application to the Economic two Enterprise Zones and an Enterprise Zone Development Administration for a $2 million Commission; and grant for acquisition of the Adams Company Whereas, the Enterprise Zone Commission on property, presented and read. Buol moved that November 15, 2001 approved the application of the communication be received and filed. Cottingham & Butler Insurance Service, Inc. for Seconded by Nicholson. Motion carried 6-0. Enterprise Zone benefits; and Whereas, Cottingham & Butler's application RESOLUTION NO. 157-02 was approved by the Iowa Department of A RESOLUTION AUTHORIZING THE FILING Economic Development on January 16, 2002; OF A PREAPPLICATION TO THE ECONOMIC and DEVELOPMENT ADMINISTRATION Whereas, the Iowa Department of Economic Whereas, the City Council of Dubuque has Development has prepared and submitted for approved a Master Plan for the Port of Dubuque; City Council approval an agreement relating to and Enterprise Zone benefits for Cottingham & Whereas, the City Council of Dubuque, Iowa is Butler, a copy of which is attached hereto and by committed to the acquisition and assembly of this reference made a part hereof; and properties in the Port of Dubuque to implement Whereas, the City Council finds that the the Master Plan; and proposed agreement is acceptable and Whereas, the Economic Development necessary to the growth and development of the Administration (EDA) has funding available to city. assist the City of Dubuque in the redevelopment NOW THEREFORE, BE IT RESOLVED BY of the Port of Dubuque; and THE CITY COUNCIL OF THE CITY OF Whereas, a Preapplication has been prepared DUBUQUE, IOWA: for EDA funding; Section 1. That the Iowa Department of NOW, THEREFORE, BE IT RESOLVED BY Economic Development Enterprise Zone (EZ) THE CITY COUNCIL OF THE CITY OF Program Agreement, Number 2002-EZ-01, is DUBUQUE, IOWA: hereby approved. Section 1. That the filing of the Preapplication Section 2. That the Mayor is hereby for $2 million of EDA assistance is hereby authorized and directed to execute the approved. Agreement on behalf of the City of Dubuque and Section 2. That the Mayor is hereby authorized forward the executed copy to the Iowa to execute, and the City Manager is hereby Department of Economic Development for their directed to submit said Preapplication to the approval. Economic Development Administration together Passed, approved and adopted this 18th day with other attachments as may be required. of March, 2002. Passed, approved, and adopted this 18th day Terrance M. Duggan, Mayor of March 2002. Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk Seconded by Nicholson. Motion carried 6-0. Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Civil Service Commission: Civil Service Commission submitting the Cottingham and Butler Insurance Services, certified list for the position of Engineering Inc. – Enterprise Zone Agreement: City Assistant I, presented and read. Manager recommending approval of an 114 Regular Session, March 18, 2002 March 8, 2002 the maintenance of records, registration of Honorable Mayor and Members of the City certificates and payment of principal and interest Council in connection with the issuance of the Bonds; In accordance with Chapter 400 of the 2001 and Code of Iowa, an examination for the position of WHEREAS, this Council has deemed that the Engineering Assistant I was given. This exam services offered by Wells Fargo Bank Iowa, was evaluated by City staff and final scoring National Association of Des Moines, Iowa, are approved. necessary for compliance with rules, regulations, We hereby certify that the following individuals and requirements governing the registration, have passed this written examination and the transfer and payment of registered Bonds; and vacancy for this position should be made from WHEREAS, a Paying Agent, Bond Registrar this list. We further state that this list is good for and Transfer Agent Agreement (hereafter two (2) years from above date. "Agreement") has been prepared to be entered ENGINEERING ASSISTANT I into between the City and Wells Fargo Bank Brian J. Gallagher Douglas J. Hirsch Iowa, National Association. Jingxi Li Steven J. Lueck NOW, THEREFORE, BE IT RESOLVED BY Dean R. Mattoon Hugh R. McCarron THE CITY COUNCIL OF DUBUQUE, IOWA: Joseph M. Morgan Adrian Orr Section 1. That Wells Fargo Bank Iowa, Rongjuan Yang Douglas Bauers National Association of Des Moines, Iowa, is Walter J. Kowdrysh Carol N. Shafer hereby appointed to serve as Paying Agent, Clifford N. Ryan Suresa Nadarajah Bond Registrar and Transfer Agent in Respectfully submitted, connection with the issuance of $1,000,000 /s/ Merle Duehr, Chairperson General Obligation Bonds, Series 2002B, dated /s/ Loras Kluesner March 1, 2002. /s/ Richard Wertzberger Section 2. That the Agreement with Wells Civil Service Commission Fargo Bank Iowa, National Association of Des Buol moved that the above Civil Service Moines, Iowa, is hereby approved and that the certification be received and filed and made a Mayor and Clerk are authorized to sign the matter of record. Seconded by Nicholson. Agreement on behalf of the City. Motion carried 6-0. Passed, approved and adopted this 18th day of March, 2002. Urban Deer Management Program: Copy of a Terrance M. Duggan, Mayor media release providing a report on the 2001 – Attest: Jeanne F. Schneider, City Clerk 2002 Urban Deer Management Program, Buol moved adoption of the Resolution. presented and read. Buol moved that the Seconded by Nicholson. Motion carried 6-0. communication be received and filed. Seconded RESOLUTION NO. 160-02 by Nicholson. Motion carried 6-0. RESOLUTION AUTHORIZING AND PROVI- DING FOR THE ISSUANCE OF $1,000,000 General Obligation Bonds to Support Main GENERAL OBLIGATION BONDS, SERIES Street Project: City Manager recommending the 2002B, AND LEVYING A TAX TO PAY SAID issuance of $1,000,000 General Obligation BONDS Bonds, Series 2002B in support of the Main Street construction project, presented and read. WHEREAS, the Issuer is duly incorporated, Buol moved that the communication be received organized and exists under and by virtue of the and filed. Seconded by Nicholson. Motion laws and Constitution of the State of Iowa; and carried 6-0. WHEREAS, the Issuer is in need of funds to pay costs of construction and reconstruction of RESOLUTION NO. 159-02 street, sidewalk, utility and streetscape RESOLUTION APPOINTING WELLS FARGO improvements relating to the opening of Main BANK IOWA, NATIONAL ASSOCIATION OF Street from 5th to 9th Streets, an essential DES MOINES, IOWA, TO SERVE AS PAYING corporate purpose, and it is deemed necessary AGENT, BOND REGISTRAR, AND and advisable that General Obligation Bonds in TRANSFER AGENT, APPROVING THE the amount of $1,000,000 be issued for said PAYING AGENT AND BOND REGISTRAR purpose; and AND TRANSFER AGENT AGREEMENT AND WHEREAS, pursuant to notice published as AUTHORIZING THE EXECUTION OF THE required by Section 384.25 of said Code, this AGREEMENT Council has held a public meeting and hearing WHEREAS, pursuant to the provisions of upon the proposal to institute proceedings for Chapter 75 of the Code of Iowa, $1,000,000 the issuance of said Bonds, and the Council is General Obligation Bonds, Series 2002B, dated therefore now authorized to proceed with the March 1, 2002, have been sold at public sale issuance of said Bonds; and and action should now be taken to provide for Regular Session, March 18, 2002 115 WHEREAS, pursuant to the provisions of ‚ "Registrar" shall mean Wells Fargo Bank Iowa, Chapter 75 of the Code of Iowa, the above National Association of Des Moines, Iowa, or mentioned Bonds were heretofore sold at public such successor as may be approved by Issuer sale and action should now be taken to issue as provided herein and who shall carry out the said Bonds conforming to the terms and duties prescribed herein with respect to conditions of the best bid received at the maintaining a register of the owners of the advertised public sale: Bonds. Unless otherwise specified, the NOW, THEREFORE, BE IT RESOLVED BY Registrar shall also act as Transfer Agent for the THE COUNCIL OF THE CITY OF DUBUQUE, Bonds. IOWA: ‚ "Representation Letter" shall mean the Blanket Section 1. Definitions. The following terms Issuer Letter of Representations executed and shall have the following meanings in this delivered by the Issuer to DTC. Resolution unless the text expressly or by ‚ "Tax Exemption Certificate" shall mean the necessary implication requires otherwise: Tax Exemption Certificate executed by the ‚ "Authorized Denominations" shall mean Treasurer and delivered at the time of issuance $5,000 or any integral multiple thereof. and delivery of the Bonds. ‚ "Beneficial Owner" shall mean the person in ‚ "Treasurer" shall mean the City Treasurer or whose name such Bond is recorded as the such other officer as shall succeed to the same beneficial owner of a Bond by a Participant on duties and responsibilities with respect to the the records of such Participant or such person's recording and payment of the Bonds issued subrogee. hereunder. ‚ "Bonds" shall mean $1,000,000 General Section 2. Levy and Certification of Annual Obligation Bonds, Series 2002B, authorized to Tax; Other Funds to be Used. be issued by this Resolution. (a) Levy of Annual Tax. That for the purpose of ‚ "Cede & Co." shall mean Cede & Co., the providing funds to pay the principal and interest nominee of DTC, and any successor nominee of of the Bonds hereinafter authorized to be issued, DTC with respect to the Bonds. there is hereby levied for each future year the ‚following direct annual tax on all of the taxable "Continuing Disclosure Certificate" shall mean property in Dubuque, Iowa, to-wit: that certain Continuing Disclosure Certificate FISCAL YEAR (JULY 1 TO JUNE 30) executed by the Issuer and dated the date of AMOUNT YEAR OF COLLECTION: issuance and delivery of the Bonds, as originally $ 75,560 2002/2003 executed and as it may be amended from time 78,848 2003/2004 to time in accordance with the terms thereof. 82,535 2004/2005 ‚ "Depository Bonds" shall mean the Bonds as 81,035 2005/2006 issued in the form of one global certificate for 79,535 2006/2007 each maturity, registered in the Registration 82,935 2007/2008 Books maintained by the Registrar in the name 81,135 2008/2009 of DTC or its nominee. 79,335 2009/2010 ‚ "DTC" shall mean The Depository Trust 82,490 2010/2011 Company, New York, New York, a limited 80,390 2011/2012 purpose trust company, or any successor book- 83,240 2012/2013 entry securities depository appointed for the 80,820 2013/2014 Bonds. 83,345 2014/2015 ‚ "Issuer" and "City" shall mean the City of 80,585 2015/2016 Dubuque, Iowa. 82,765 2016/2017 ‚ "Participants" shall mean those broker-dealers, 84,645 2017/2018 banks and other financial institutions for which 81,215 2018/2019 DTC holds Bonds as securities depository. 82,750 2019/2020 ‚ "Paying Agent" shall mean Wells Fargo Bank 84,000 2020/2021 Iowa, National Association, or such successor (NOTE: For example the levy to be made and as may be approved by Issuer as provided certified against the taxable valuations of herein and who shall carry out the duties January 1, 2002, will be collected during the prescribed herein as Issuer's agent to provide fiscal year commencing July 1, 2003). for the payment of principal of and interest on (b) Resolution to be Filed With County the Bonds as the same shall become due. Auditor. A certified copy of this Resolution ‚ "Project Fund" shall mean the fund required to should be filed with the County Auditor of be established by this Resolution for the deposit Dubuque County, Iowa, and said Auditor is of the proceeds of the Bonds. hereby instructed in and for each of the years as ‚ "Rebate Fund" shall mean the fund so defined provided, to levy and assess the tax hereby in and established pursuant to the Tax authorized in Section 2 of this Resolution, in like Exemption Certificate. manner as other taxes are levied and assessed, 116 Regular Session, March 18, 2002 and such taxes so levied in and for each of the provided under Chapter 12C of the Code of years aforesaid be collected in like manner as Iowa, 2001, as amended or otherwise by a valid other taxes of the City are collected, and when pledge of direct obligations of the United States collected be used for the purpose of paying Government having an equivalent market value. principal and interest on said Bonds issued in All such interim investments shall mature before anticipation of said tax, and for no other purpose the date on which the moneys are required for whatsoever. payment of principal of or interest on the Bonds (c) Additional City Funds Available. Principal as herein provided. and interest coming due at any time when the Section 6. Bond Details, Execution and proceeds of said tax on hand shall be insufficient Redemption. to pay the same shall be promptly paid when (a) Bond Details. General Obligation Bonds, due from current funds of the City available for Series 2002B, of the City in the amount of that purpose and reimbursement shall be made $1,000,000, shall be issued pursuant to the from such special fund in the amounts thus provisions of Sections 384.24 and 384.25 of the advanced. City Code of Iowa for the aforesaid purpose. Section 3. Bond Fund. Said tax shall be The Bonds shall be designated "GENERAL collected each year at the same time and in the OBLIGATION BOND, SERIES 2002B", be dated same manner as, and in addition to, all other March 1, 2002, and bear interest from the date taxes in and for the City, and when collected thereof, until payment thereof, at the office of the they shall be converted into a special fund within Paying Agent, said interest payable on the Debt Service Fund to be known as the December 1, 2002, and semiannually thereafter "GENERAL OBLIGATION BOND FUND 2002B on the lst day of June and December in each NO. ONE" (the "Bond Fund"), which is hereby year until maturity at the rates hereinafter pledged for and shall be used only for the provided. payment of the principal of and interest on the The Bonds shall be executed by the manual or Bonds hereinafter authorized to be issued; and facsimile signature of the Mayor and attested by also there shall be apportioned to said fund its the manual or facsimile signature of the Clerk, proportion of taxes received by the City from and impressed or printed with the seal of the railway, express, telephone and telegraph City and shall be fully registered as to both companies and other taxes assessed by the principal and interest as provided in this Iowa State Department of Revenue. Resolution; principal, interest and premium, if Section 4. Application of Bond Proceeds. any, shall be payable at the office of the Paying Proceeds of the Bonds other than accrued Agent by mailing of a check to the registered interest except as may be provided below shall owner of the Bond. The Bonds shall be in the be credited to the Project Fund and expended denomination of $5,000 or multiples thereof. therefrom for the purposes of issuance. Any The Bonds shall mature and bear interest as amounts on hand in the Project Fund shall be follows: available for the payment of the principal of or Interest Principal Maturity interest on the Bonds at any time that other Rate Amount June 1st funds shall be insufficient to the purpose, in 3.000% $20,000 2003 which event such funds shall be repaid to the 3.750 35,000 2004 Project Fund at the earliest opportunity. Any 3.750 40,000 2005 balance on hand in the Project Fund and not 3.750 40,000 2006 immediately required for its purposes may be 4.000 40,000 2007 invested not inconsistent with limitations 4.000 45,000 2008 provided by law or this Resolution. Accrued 4.000 45,000 2009 interest, if any, shall be deposited in the Bond 4.100 45,000 2010 Fund. 4.200 50,000 2011 Section 5. Investments of Bond Fund 4.300 50,000 2012 Proceeds. All moneys held in the Bond Fund, 4.400 55,000 2013 provided for by Section 3 of this Resolution shall 4.500 55,000 2014 be invested in investments permitted by Chapter 4.600 60,000 2015 12B, Code of Iowa, 2001 (formerly Chapter 452, 4.700 60,000 2016 Code of Iowa, as amended) or deposited in 4.800 65,000 2017 financial institutions which are members of the 4.900 70,000 2018 Federal Deposit Insurance Corporation and the 4.950 70,000 2019 deposits in which are insured thereby and all 5.000 75,000 2020 such deposits exceeding the maximum amount 5.000 80,000 2021 insured from time to time by FDIC or its (b) Redemption. Bonds maturing after June equivalent successor in any one financial 1, 2010 may be called for redemption by the institution shall be continuously secured in Issuer and paid before maturity on said date or compliance with the State Sinking Fund any date thereafter, from any funds regardless Regular Session, March 18, 2002 117 of source, in whole or from time to time in part, The Issuer and the Paying Agent may treat in any order of maturity and within an annual DTC or its nominee as, and deem DTC or its maturity by lot. The terms of redemption shall nominee to be, the absolute owner of each Bond be par, plus accrued interest to date of call. for the purpose of payment of the principal of, Thirty days' notice of redemption shall be premium, if any, and interest on such Bond, for given by first class mail to the registered owner the purpose of all other matters with respect to of the Bond. Failure to give such notice by mail such Bond, for the purpose of registering to any registered owner of the Bonds or any transfers with respect to such Bonds, and for all defect therein shall not affect the validity of any other purposes whatsoever (except for the proceedings for the redemption of the Bonds. giving of certain Bondholder consents, in All bonds or portions thereof called for accordance with the practices and procedures of redemption will cease to bear interest after the DTC as may be applicable thereto). The Paying specified redemption date, provided funds for Agent shall pay all principal of, premium, if any, their redemption are on deposit at the place of and interest on the Bonds only to or upon the payment. order of the Bondholders as shown on the If selection by lot within a maturity is required, Registration Books, and all such payments shall the Registrar shall designate the bonds to be be valid and effective to fully satisfy and redeemed by random selection of the names of discharge the Issuer's obligations with respect to the registered owners of the entire annual the principal of, premium, if any, and interest on maturity until the total amount of bonds to be the Bonds to the extent so paid. called has been reached. Notwithstanding the provisions of this Resolution Section 7. Issuance of Bonds in Book-Entry to the contrary (including without limitation those Form; Replacement Bonds. provisions relating to the surrender of Bonds, (a) Notwithstanding the other provisions of this registration thereof, and issuance in Authorized Resolution regarding registration, ownership, Denominations), as long as the Bonds are transfer, payment and exchange of the Bonds, Depository Bonds, full effect shall be given to unless the Issuer determines to permit the the Representation Letter and the procedures exchange of Depository Bonds for Bonds in the and practices of DTC thereunder, and the Authorized Denominations, the Bonds shall be Paying Agent shall comply therewith. issued as Depository Bonds in denominations of (c) Upon (i) a determination by the Issuer that the entire principal amount of each maturity of DTC is no longer able to carry out its functions Bonds (or, if a portion of said principal amount is or is otherwise determined unsatisfactory, or prepaid, said principal amount less the prepaid (ii) a determination by DTC that the Bonds are amount); and such Depository Bonds shall be no longer eligible for its depository services or registered in the name of Cede & Co., as (iii) a determination by the Paying Agent that nominee of DTC. Payment of semi-annual DTC has resigned or discontinued its services interest for any Depository Bond shall be made for the Bonds, the Issuer shall (A) designate a by wire transfer or New York Clearing House or satisfactory substitute depository as set forth equivalent next day funds to the account of below or, if a satisfactory substitute is not found, Cede & Co. on the interest payment date for the (B) provide for the exchange of Depository Bonds at the address indicated in or pursuant to Bonds for replacement Bonds in Authorized the Representation Letter. Denominations. (b) With respect to Depository Bonds, neither (d) If the Issuer determines to provide for the the Issuer nor the Paying Agent shall have any exchange of Depository Bonds for Bonds in responsibility or obligation to any Participant or Authorized Denominations, the Issuer shall so to any Beneficial Owner. Without limiting the notify the Paying Agent and shall provide the immediately preceding sentence, neither the Registrar with a supply of executed Issuer nor the Paying Agent shall have any unauthenticated Bonds to be so exchanged. responsibility or obligation with respect to (i) the The Registrar shall thereupon notify the owners accuracy of the records of DTC or its nominee or of the Bonds and provide for such exchange, of any Participant with respect to any ownership and to the extent that the Beneficial Owners are interest in the Bonds, (ii) the delivery to any designated as the transferee by the owners, the Participant, any Beneficial Owner or any other Bonds will be delivered in appropriate form, person, other than DTC or its nominee, of any content and Authorized Denominations to the notice with respect to the Bonds, (iii) the Beneficial Owners, as their interests appear. payment to any Participant, any Beneficial (e) Any substitute depository shall be Owner or any other person, other than DTC or designated in writing by the Issuer to the Paying its nominee, of any amount with respect to the Agent. Any such substitute depository shall be a principal of, premium, if any, or interest on the qualified and registered "clearing agency" as Bonds, or (iv) the failure of DTC to provide any provided in Section 17A of the Securities information or notification on behalf of any Exchange Act of 1934, as amended. The Participant or Beneficial Owner. substitute depository shall provide for 118 Regular Session, March 18, 2002 (i) immobilization of the Depository Bonds, accordance with the provisions of this (ii) registration and transfer of interests in Resolution. Depository Bonds by book entries made on (d) Ownership. As to any Bond, the person in records of the depository or its nominee and whose name the ownership of the same shall be (iii) payment of principal of, premium, if any, and registered on the Registration Books of the interest on the Bonds in accordance with and as Registrar shall be deemed and regarded as the such interests may appear with respect to such absolute owner thereof for all purposes, and book entries. payment of or on account of the principal of any Section 8. Registration of Bonds; Appointment such Bonds and the premium, if any, and of Registrar; Transfer; Ownership; Delivery; and interest thereon shall be made only to or upon Cancellation. the order of the registered owner thereof or his (a) Registration. The ownership of Bonds legal representative. All such payments shall be may be transferred only by the making of an valid and effectual to satisfy and discharge the entry upon the books kept for the registration liability upon such Bond, including the interest and transfer of ownership of the Bonds, and in thereon, to the extent of the sum or sums so no other way. Wells Fargo Bank Iowa, National paid. Association is hereby appointed as Bond (e) Cancellation. All Bonds which have been Registrar under the terms of this Resolution and redeemed shall not be reissued but shall be under the provisions of a separate agreement cancelled by the Registrar. All Bonds which are with the Issuer filed herewith which is made a cancelled by the Registrar shall be destroyed part hereof by this reference. Registrar shall and a certificate of the destruction thereof shall maintain the books of the Issuer for the be furnished promptly to the Issuer; provided registration of ownership of the Bonds for the that if the Issuer shall so direct, the Registrar payment of principal of and interest on the shall forward the cancelled Bonds to the Issuer. Bonds as provided in this Resolution. All Bonds (f) Non-Presentment of Bonds. In the event shall be negotiable as provided in Article 8 of the any payment check representing payment of Uniform Commercial Code and Section 384.31 principal of or interest on the Bonds is returned of the Code of Iowa, subject to the provisions for to the Paying Agent or if any bond is not registration and transfer contained in the Bonds presented for payment of principal at the and in this Resolution. maturity or redemption date, if funds sufficient to (b) Transfer. The ownership of any Bond may pay such principal of or interest on Bonds shall be transferred only upon the Registration Books have been made available to the Paying Agent kept for the registration and transfer of Bonds for the benefit of the owner thereof, all liability of and only upon surrender thereof at the office of the Issuer to the owner thereof for such interest the Registrar together with an assignment duly or payment of such Bonds shall forthwith cease, executed by the holder or his duly authorized terminate and be completely discharged, and attorney in fact in such form as shall be thereupon it shall be the duty of the Paying satisfactory to the Registrar, along with the Agent to hold such funds, without liability for address and social security number or federal interest thereon, for the benefit of the owner of employer identification number of such such Bonds who shall thereafter be restricted transferee (or, if registration is to be made in the exclusively to such funds for any claim of name of multiple individuals, of all such whatever nature on his part under this transferees). In the event that the address of Resolution or on, or with respect to, such the registered owner of a Bond (other than a interest or Bonds. The Paying Agent's obligation registered owner which is the nominee of the to hold such funds shall continue for a period broker or dealer in question) is that of a broker equal to two years and six months following the or dealer, there must be disclosed on the date on which such interest or principal became Registration Books the information pertaining to due, whether at maturity, or at the date fixed for the registered owner required above. Upon the redemption thereof, or otherwise, at which time transfer of any such Bond, a new fully registered the Paying Agent, shall surrender any remaining Bond, of any denomination or denominations funds so held to the Issuer, whereupon any permitted by this Resolution in aggregate claim under this Resolution by the Owners of principal amount equal to the unmatured and such interest or Bonds of whatever nature shall unredeemed principal amount of such be made upon the Issuer. transferred fully registered Bond, and bearing (g) Registration and Transfer Fees. The interest at the same rate and maturing on the Registrar may furnish to each owner, at the same date or dates shall be delivered by the Issuer's expense, one bond for each annual Registrar. maturity. The Registrar shall furnish additional (c) Registration of Transferred Bonds. In all bonds in lesser denominations (but not less than cases of the transfer of the Bonds, the Registrar the minimum denomination) to an owner who so shall register, at the earliest practicable time, on requests. the Registration Books, the Bonds, in Regular Session, March 18, 2002 119 Section 9. Reissuance of Mutilated, Destroyed, Counsel, concerning the validity and legality of Stolen or Lost Bonds. In case any outstanding all the Bonds proposed to be issued. Bond shall become mutilated or be destroyed, Section 12. Right to Name Substitute Paying stolen or lost, the Issuer shall at the request of Agent or Registrar. Issuer reserves the right to Registrar authenticate and deliver a new Bond name a substitute, successor Registrar or of like tenor and amount as the Bond so Paying Agent upon giving prompt written notice mutilated, destroyed, stolen or lost, in exchange to each registered bondholder. and substitution for such mutilated Bond to Section 13. Form of Bond. Bonds shall be Registrar, upon surrender of such mutilated printed in substantial compliance with standards Bond, or in lieu of and substitution for the Bond proposed by the American Standards Institute destroyed, stolen or lost, upon filing with the substantially in the form as follows: 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 complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 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 payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution, Authentication and FIGURE 1 (Front) Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the 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 FIGURE 2 upon the order of the Purchaser upon payment (Back) of the purchase price as set forth therein; The text of the Bonds to be located thereon at 3. The approving opinion of Ahlers, Cooney, the item numbers shown shall be as follows: Dorweiler, Haynie, Smith & Allbee, P.C., Bond Item 1, figure 1 = "STATE OF IOWA" "COUNTY OF DUBUQUE" 120 Regular Session, March 18, 2002 "CITY OF DUBUQUE" PLEDGE OR OTHER USE HEREOF FOR "GENERAL OBLIGATION BOND, SERIES VALUE OR OTHERWISE BY OR TO ANY 2002B" PERSON IS WRONGFUL inasmuch as the Item 2, figure 1 = Rate: registered owner hereof, Cede & Co., has an interest herein. Item 3, figure 1 = Maturity: Bonds maturing after June 1, 2010 may be called for redemption by the Issuer and paid Item 4, figure 1 = Bond Date: March 1, 2002 before maturity on said date or any date Item 5, figure 1 = Cusip No.: thereafter, from any funds regardless of source, Item 6, figure 1 = "Registered" in whole or from time to time in part, in any order Item 7, figure 1 = Certificate No. of maturity and within an annual maturity by lot. Item 8, figure 1 = Principal Amount: $ The terms of redemption shall be par, plus accrued interest to date of call. Item 9, figure 1 = The City of Dubuque, Thirty days' notice of redemption shall be Iowa, a municipal corporation organized and given by first class mail to the registered owner existing under and by virtue of the Constitution of the Bond. Failure to give such notice by mail and laws of the State of Iowa (the "Issuer"), for to any registered owner of the Bonds or any value received, promises to pay from the source defect therein shall not affect the validity of any and as hereinafter provided, on the maturity date proceedings for the redemption of the Bonds. indicated above, to All bonds or portions thereof called for Item 9A, figure 1 = (Registration panel to be redemption will cease to bear interest after the completed by Registrar or Printer with name of specified redemption date, provided funds for Registered Owner). their redemption are on deposit at the place of Item 10, figure 1 = or registered assigns, the payment. principal sum of (principal amount written out) If selection by lot within a maturity is required, THOUSAND DOLLARS in lawful money of the the Registrar shall designate the bonds to be United States of America, on the maturity date redeemed by random selection of the names of shown above, only upon presentation and the registered owners of the entire annual surrender hereof at the office of Wells Fargo maturity until the total amount of bonds to be Bank Iowa, National Association, Paying Agent called has been reached. of this issue, or its successor, with interest on Ownership of this Bond may be transferred said sum from the date hereof until paid at the only by transfer upon the books kept for such rate per annum specified above, payable on purpose by Wells Fargo Bank Iowa, National December 1, 2002, and semiannually thereafter Association, the Registrar. Such transfer on the on the 1st day of June and December in each books shall occur only upon presentation and year. surrender of this Bond at the office of the Interest and principal shall be paid to the Registrar as designated below, together with an registered holder of the Bond as shown on the assignment duly executed by the owner hereof records of ownership maintained by the or his duly authorized attorney in the form as Registrar as of the 15th day preceding such shall be satisfactory to the Registrar. Issuer interest payment date. Interest shall be reserves the right to substitute the Registrar and computed on the basis of a 360-day year of Paying Agent but shall, however, promptly give twelve 30-day months. notice to registered bondholders of such This Bond is issued pursuant to the provisions change. All bonds shall be negotiable as of Sections 384.24 and 384.25 of the City Code provided in Article 8 of the Uniform Commercial of Iowa, for the purpose of paying costs of Code and Section 384.31 of the Code of Iowa, construction and reconstruction of street, subject to the provisions for registration and sidewalk, utility and streetscape improvements transfer contained in the Bond Resolution. relating to the opening of Main Street from 5th to This Bond is a "qualified tax-exempt 9th Streets, in conformity to a Resolution of the obligation" designated by the City for purposes Council of said City duly passed and approved. of Section 265(b)(3)(B) of the Internal Revenue Unless this certificate is presented by an Code of 1986. authorized representative of The Depository And it is hereby represented and certified that all Trust Company, a limited purpose trust company acts, conditions and things requisite, according ("DTC"), to the Issuer or its agent for registration to the laws and Constitution of the State of Iowa, of transfer, exchange or payment, and any to exist, to be had, to be done, or to be certificate issued is registered in the name of performed precedent to the lawful issue of this Cede & Co. or such other name as requested by Bond, have been existent, had, done and an authorized representative of DTC (and any performed as required by law; that provision has payment is made to Cede & Co. or to such other been made for the levy of a sufficient continuing entity as is requested by an authorized annual tax on all the taxable property within the representative of DTC), ANY TRANSFER, territory of the Issuer for the payment of the Regular Session, March 18, 2002 121 principal and interest of this Bond as the same GUARANTEED) will respectively become due; that the faith, IMPORTANT - READ CAREFULLY credit, revenues and resources and all the real The signature(s) to this Power must and personal property of the Issuer are correspond with the name(s) as written upon the irrevocably pledged for the prompt payment face of the certificate(s) or bond(s) in every hereof, both principal and interest; and the total particular without alteration or enlargement or indebtedness of the Issuer including this Bond, any change whatever. Signature guarantee does not exceed the constitutional or statutory must be provided in accordance with the limitations. prevailing standards and procedures of the IN TESTIMONY WHEREOF, the Issuer by its Registrar and Transfer Agent. Such standards Council, has caused this Bond to be signed by and procedures may require signature to be the manual signature of its Mayor and attested guaranteed by certain eligible guarantor by the manual signature of its City Clerk, with institutions that participate in a recognized the seal of said City impressed hereon, and to signature guarantee program. be authenticated by the manual signature of an INFORMATION REQUIRED FOR authorized representative of the Registrar, Wells REGISTRATION OF TRANSFER Fargo Bank Iowa, National Association, Des Name of Transferee(s) Moines, Iowa. Address of Transferee(s) Item 11, figure 1 = Date of authentication: Social Security or Tax Item 12, figure 1 = Identification Number of This is one of the Bonds described in the Transferee(s) within mentioned Resolution, as registered by Transferee is a(n): Wells Fargo Bank Iowa, National Association. Individual* Corporation WELLS FARGO BANK IOWA, NATIONAL Partnership Trust ASSOCIATION, Registrar *If the Bond is to be registered in the names of By: multiple individual owners, the names of all such Authorized Signature owners and one address and social security Item 13, figure 1 = Registrar and Transfer number must be provided. Agent: The following abbreviations, when used in the Wells Fargo Bank Iowa, National Association inscription on the face of this Bond, shall be Paying Agent: Wells Fargo Bank Iowa, National construed as though written out in full according Association to applicable laws or regulations: Wells Fargo Bank Minnesota, N.A. TEN COM - as tenants in common Corporate Trust Operations TEN ENT - as tenants by the entireties MAC N9303-121 JT TEN - as joint tenants with right of P. O. Box 1517 survivorship and not as tenants in common Minneapolis, MN 55480 IA UNIF TRANS MIN ACT - SEE REVERSE FOR CERTAIN DEFINITIONS .......Custodian............ Item 14, figure 1 = (Seal) (Cust) (Minor) Item 15, figure 1 = [Signature Block] under Iowa Uniform Transfers to Minors Act.... CITY OF DUBUQUE, IOWA (State) By: (manual signature) ADDITIONAL ABBREVIATIONS MAY Mayor ALSO BE USED THOUGH NOT IN THE ATTEST: By: (manual signature)___ ABOVE LIST City Clerk Section 14. Contract Between Issuer and Item 16, figure 2 = [Assignment Block] Purchaser. This Resolution constitutes a [Information Required for Registration] contract between said City and the purchaser of ASSIGNMENT the Bonds. For value received, the undersigned hereby Section 15. Non-Arbitrage Covenants. The sells, assigns and transfers unto ____________ Issuer reasonably expects and covenants that (Social Security or Tax Identification No. no use will be made of the proceeds from the ) the within Bond and does hereby irrevocably issuance and sale of the Bonds issued constitute and appoint attorney in hereunder which will cause any of the Bonds to fact to transfer the said Bond on the books kept be classified as arbitrage bonds within the for registration of the within Bond, with full power meaning of Sections 148(a) and (b) of the of substitution in the premises. Internal Revenue Code of the United States, as Dated . amended, and that throughout the term of the Bonds it will comply with the requirements of (Person(s) executing this Assignment sign(s) statutes and regulations issued thereunder. here) To the best knowledge and belief of the Issuer, SIGNATURE ) there are no facts or circumstances that would materially change the foregoing statements or 122 Regular Session, March 18, 2002 the conclusion that it is not expected that the Certificate); (d) pay to the United States, as proceeds of the Bonds will be used in a manner necessary, such sums of money representing that would cause the Bonds to be arbitrage required rebates of excess arbitrage profits bonds. Without limiting the generality of the relating to the Bonds; (e) file such forms, foregoing, the Issuer hereby agrees to comply statements and supporting documents as may with the provisions of the Tax Exemption be required and in a timely manner; and (f) if Certificate and the provisions of the Tax deemed necessary or advisable by its officers, Exemption Certificate are hereby incorporated to employ and pay fiscal agents, financial by reference as part of this Resolution. The advisors, attorneys and other persons to assist Treasurer is hereby directed to make and insert the Issuer in such compliance. all calculations and determinations necessary to Section 19. Amendment of Resolution to complete the Tax Exemption Certificate in all Maintain Tax Exemption. This Resolution may respects and to execute and deliver the Tax be amended without the consent of any owner of Exemption Certificate at issuance of the Bonds the Bonds if, in the opinion of bond counsel, to certify as to the reasonable expectations and such amendment is necessary to maintain tax covenants of the Issuer at that date. exemption with respect to the Bonds under Section 16. Severability Clause. If any applicable Federal law or regulations. section, paragraph, clause or provision of this Section 20. Qualified Tax-Exempt Obligations. Resolution be held invalid, such invalidity shall For the sole purpose of qualifying the Bonds as not affect any of the remaining provisions "Qualified Tax-Exempt Obligations" pursuant to hereof, and this Resolution shall become the Internal Revenue Code of the United States, effective immediately upon its passage and the Issuer designates the Bonds as qualified approval. tax-exempt obligations and represents that the Section 17. Continuing Disclosure. The Issuer reasonably anticipated amount of tax-exempt hereby covenants and agrees that it will comply governmental and Code Section 501(c)3 with and carry out all of the provisions of the obligations which will be issued during the Continuing Disclosure Certificate, and the current calendar year will not exceed Ten (10) provisions of the Continuing Disclosure Million Dollars. Certificate are hereby incorporated by reference Section 21. Repeal of Conflicting Resolutions as part of this Resolution and made a part or Ordinances. That all ordinances and hereof. Notwithstanding any other provision of resolutions and parts of ordinances and this Resolution, failure of the Issuer to comply resolutions in conflict herewith are hereby with the Continuing Disclosure Certificate shall repealed. not be considered an event of default under this Passed, approved and adopted this 18th day Resolution; however, any holder of the Bonds or of March, 2002. Beneficial Owner may take such actions as may Terrance M. Duggan, Mayor be necessary and appropriate, including seeking Attest: Jeanne F. Schneider, City Clerk specific performance by court order, to cause SEAL the Issuer to comply with its obligations under Buol moved adoption of the Resolution. the Continuing Disclosure Certificate. For Seconded by Nicholson. Motion carried 6-0. purposes of this section, "Beneficial Owner" means any person which (a) has the power, Business Licenses: directly or indirectly, to vote or consent with RESOLUTION NO. 161-02 respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through Whereas, applications for Beer Permits have nominees, depositories or other intermediaries), been submitted and filed to this Council for or (b) is treated as the owner of any Bonds for approval and the same have been examined federal income tax purposes. and approved: and Section 18. Additional Covenants, Whereas, the premises to be occupied by Representations and Warranties of the Issuer. such applicants were inspected and found to The Issuer certifies and covenants with the comply with the Ordinances of the City and have purchasers and holders of the Bonds from time filed proper bonds. to time outstanding that the Issuer through its NOW, THEREFORE, BE IT RESOLVED BY officers, (a) will make such further specific THE CITY COUNCIL OF THE CITY OF covenants, representations and assurances as DUBUQUE, IOWA: may be necessary or advisable; (b) comply with That the Manager be authorized to cause to be all representations, covenants and assurances issued the following named applicants a Beer contained in the Tax Exemption Certificate, Permit. which Tax Exemption Certificate shall constitute CLASS “C’ BEER PERMIT a part of the contract between the Issuer and the Arcon, Inc Arby’s Q Mart+ owners of the Bonds; (c) consult with bond (Sunday Sales) 10 Main St counsel (as defined in the Tax Exemption Regular Session, March 18, 2002 123 th Passed, approved and adopted this 18 day of Nicholson moved that the following item be March, 2002, removed from the table. Seconded by Michalski. Terrance M. Duggan, Mayor Motion carried 6-0. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Rezoning Request of Dennis and Lori Ansel Seconded by Nicholson. Motion carried 6-0. (Tabled on 2/4/02): Proof of publication on notice of hearing to consider rezoning property RESOLUTION NO. 162-02 located at 2001 Rockdale Road from R-1 Single Whereas, applications for Liquor Licenses Family Residential District and C-2 have been submitted to this Council for approval Neighborhood Commercial District to CS and the same have been examined and Commercial Service and Wholesale District and approved; and Zoning Advisory Commission recommending Whereas, the premises to be occupied by such denial of the rezoning and an Ordinance applicants were inspected and found to comply Amending Appendix A (the Zoning Ordinance) of with the State Laws and all City Ordinances the City of Dubuque Code of Ordinances by relevant thereto and they have filed proper reclassifying hereinafter described property bonds. located at 2001 Rockdale Road from R-1 Single NOW, THEREFORE, BE IT RESOLVED BY Family District and C-1 Neighborhood THE CITY COUNCIL OF THE CITY OF Commercial District to CS Commercial Service DUBUQUE, IOWA: and Wholesale District, presented and read. That the Manager be authorized to cause to be Brenda Sullivan, representing the Ansel’s, issued the following named applicants a Liquor spoke in favor of the rezoning and gave the License. history of the building. CLASSC BEER/LIQUOR LICENSE John White, 1777 Palm Ct., representing @@ Windmills of America LLC Windmills+ Michelle Malone, spoke objecting to the proposed request. (Sunday Sales) 2155 South Park Ct Penny Skinner spoke in support of the Neighbor’s Tap Neighbor’s Tap rezoning. 899 Rockdale Rd Mrs. Joseph Dolter, 2025 Rockdale, spoke in City of Dubuque Bunker Hill Golf+ (Sunday/Outdoor Sales) 2200 Bunker Hill Rd support of the rezoning. Fraternal Order of Eagles Eagles Club # 568+ Janet White, 2033 Rockdale Rd., spoke (Sunday Sales) 1175 Century Dr objecting to the rezoning to commercial, Dubuque Racing Assoc. Dubuque Greyhound stressing a concern about the devaluation of property. Park/Casino 1855 Greyhound Park Nicholson moved that the proof, + (Sunday/Outdoor Service) communication and Ordinance be received and Passed, approved and adopted this 18th day filed and concur with the recommended denial. of March, 2002. Seconded by Buol. Vote on the motion was: Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Yeas—Nicholson, Buol. Nays—Duggan, Cline, Buol moved adoption of the Resolution. Connors, Michalski. Motion failed 2-4. Seconded by Nicholson. Motion carried 6-0. Rezoning Request of Greater Dubuque Development Corporation/Kirchoff Realty: BOARDS/COMMISSIONS Proof of publication on notice of hearing to consider amending the PUD Planned Unit Appointments to the following Commission: Development with a PI Planned Industrial Community Development Advisory Commission: Three vacancies – Census Tract 2; Census designation to allow primary signs to identify Tract 5 (term of Dan Shireman); At-Large (term products or services, and to permit a maximum of Walter Pregler). Applicants: Census Tract 5 of five primary signs per lot or premises in the - Dan Shireman; At-Large – Walter Pregler. Dubuque Industrial Center as requested by the Greater Dubuque Development Corporation / Michalski moved that Dan Shireman and Walter Kirchoff Family Realty and Zoning Advisory Pregler be reappointed to three year terms Commission recommending approval, presented which will expire 2-15-05. Seconded by and read. Buol moved that the proof and Nicholson. Motion carried 6-0. communication be received and filed. Seconded PUBLIC HEARINGS by Nicholson. Motion carried 6-0. Nicholson moved that the rules be suspended Dan McDonald of the Greater Dubuque Development Corp. spoke in support of this to allow anyone present to speak. Seconded by request. Michalski. Motion carried 6-0. 124 Regular Session, March 18, 2002 An Ordinance Amending Appendix A (The Published officially in the Telegraph Herald th Zoning Ordinance) of the City of Dubuque Code newspaper this 25 day of March, 2002. of Ordinances by repealing Sections E(4)(C)(1) Jeanne F. Schneider, City Clerk and E(4)(C)(2) of Ordinance 69-98 and enacting 1t 3/25 new Sections E(4)(C)(1) and E(4)(C)(2) in lieu Buol moved that the requirement that a thereof pertaining to on-premise primary signage proposed Ordinance be considered and voted of the PI Planned Industrial District for Dubuque on for passage at two Council Meetings prior to Industrial Center, presented and read. the meeting at which it is to be finally passed be suspended and further moved final OFFICIAL PUBLICATION consideration and passage of the Ordinance. ORDINANCE NO. 18-02 Seconded by Nicholson. Motion carried 6-0. AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF Text Amendment – City of Dubuque: Proof of DUBUQUE CODE OF ORDINANCES BY publication on notice of hearing to consider REPEALING SECTIONS E(4)(C)(1) AND amending the Zoning Ordinance to allow off- E(4)(C)(2) OF ORDINANCE 69-98 AND street parking lots for churches and schools as a ENACTING NEW SECTIONS E(4)(C)(1) AND conditional use as requested by the City of E(4)(C)(2) IN LIEU THEREOF PERTAINING TO Dubuque and the Zoning Advisory Commission ON-PREMISE PRIMARY SIGNAGE OF THE PI recommending approval, presented and read. PLANNED INDUSTRIAL DISTRICT FOR Buol moved that the proof and communication DUBUQUE INDUSTRIAL CENTER. be received and filed. Seconded by Michalski. Whereas, Ordinance 69-98 was adopted on Motion carried 6-0. November 2, 1998 by the City Council amending the PI Planned Industrial District for Dubuque An Ordinance Amending Appendix A (the Industrial Center; and Zoning Ordinance) of the City of Dubuque Code Whereas, Kirchhoff Family Realty, LC, 5035 of Ordinances by amending Section 3-1.1(D)(3), Chavenelle Road, has requested an amendment 3-1.2(D)(4) and 3-1.3(D)(5) Conditional Uses for to the PUD Ordinance regulating on-premise the R-1 Single-Family Residential District, R-2 signage allowed in the PI Planned Industrial Two-Family Residential District and the R-2A District for Dubuque Industrial Center. Alternate Two-Family Residential District to NOW, THEREFORE, BE IT ORDAINED BY allow off-street parking lots for adjacent schools THE CITY COUNCIL OF THE CITY OF and churches as a conditional use, presented DUBUQUE, IOWA: and read. Section 1. That Appendix A (The Zoning OFFICIAL PUBLICATION Ordinance) is hereby amended by repealing ORDINANCE NO. 19-02 Sections E(4)(C)(1) and E(4)(C)(2) of Ordinance AN ORDINANCE AMENDING APPENDIX A 69-98 and enacting new Sections E(4)(C)(1) and (THE ZONING ORDINANCE) OF THE CITY OF E(4)(C)(2) in lieu thereof, as follows: DUBUQUE CODE OF ORDINANCES Allowable content E(4)(C)(1): . Sign, messages AMENDING SECTION 3-1.1(D)(3), 3-1.2(D)(4) and graphics shall be limited to the following AND 3-1.3(D)(5) CONDITIONAL USES FOR contents: THE R-1 SINGLE-FAMILY RESIDENTIAL Primary Sign DISTRICT, R-2 TWO-FAMILY RESIDENTIAL Identification of company name DISTRICT AND THE R-2A ALTERNATE TWO- Identification of company products or services FAMLY RESIDENTIAL DISTRICT TO ALLOW by generic name only OFF-STREET PARKING LOTS FOR Street address ADJACENT SCHOOLS AND CHURCHES AS Graphic symbol or logo identified with the A CONDITIONAL USE. company Maximum Number of Signs E(4)(C)(2): : The NOW, THEREFORE, BE IT ORDAINED BY number of primary signs shall not exceed two (2) THE CITY COUNCIL OF THE CITY OF five (5) for each premises or lot. DUBUQUE, IOWA: Section 2. The foregoing amendment has Section 1. Appendix A of the Zoning heretofore been reviewed by the Zoning Ordinance of the City of Dubuque Code of Advisory Commission of the City of Dubuque, Ordinances is hereby amended by adding off- Iowa. street parking lots for adjacent schools and Section 3. This ordinance shall take effect churches as a conditional use to the R-1 Single- immediately upon publication, as provided by Family Residential District, R-2 Two-Family law. Residential District and the R-2A Alternate Two- th Passed, approved and adopted this 18 day of Family Residential District as follows: March 2002. 3-1.1(D)(3)/3-1.2(D)(4). Off-street parking of Terrance M. Duggan, Mayor operable automobiles to serve a permitted or Attest: Jeanne F. Schneider, City Clerk conditional use in an abutting office, commercial Regular Session, March 18, 2002 125 or (except C-1 District) institutional district be received and filed. Seconded by Nicholson. adjacent to churches or schools only , Motion carried 6-0. provided that: RESOLUTION NO. 163-02 (a) No structure other than a screening or RESOLUTION ADOPTING security fence or wall shall be erected on the PLANS AND SPECIFICATIONS premises; (b) Signage shall be limited to one Whereas, on the 13th day of February, 2002, freestanding sign of no more than six (6) square plans, specifications, form of contract and feet in size per drive opening, identifying the estimated cost were filed with the City Clerk of parking use, providing directions or marking Dubuque, Iowa for the Napier Street Storm and entrances and exits thereto; Sanitary Sewer Reconstruction Project. (c) A site plan shall be submitted and Whereas, notice of hearing on plans, approved as provided in Section 4 of this specifications, form of contract, and estimated Ordinance. cost was published as required by law. 3-1.3(D)(5). Off-street parking of operable NOW THEREFORE, BE IT RESOLVED BY automobiles to serve a permitted or conditional THE CITY COUNCIL OF THE CITY OF use in an abutting office, commercial (except C-DUBUQUE, IOWA: or 1 District), institutional, industrial district That the said plans, specifications, form of adjacent to churches or schools only , contract and estimated cost are hereby provided that: approved as the plans, specifications, form of (a) No structure other than a screening or contract and estimated cost for said security fence or wall shall be erected on the improvements for said project. th premises; Passed, adopted and approved this 18 day of (b) Signage shall be limited to one March, 2002. freestanding sign of no more than six (6) square Terrance M. Duggan, Mayor feet in size per drive opening, identifying the Attest: Jeanne F. Schneider, City Clerk parking use, providing directions or marking Cline moved adoption of the Resolution. entrances and exits thereto; Seconded by Nicholson. Motion carried 6-0. (c) A site plan shall be submitted and RESOLUTION NO. 164-02 approved as provided in Section 4 of this AWARDING CONTRACT Ordinance Section 2. The foregoing amendment has Whereas, sealed proposals have been heretofore been reviewed by the Zoning submitted by contractors for the Napier Street Advisory Commission of the City of Dubuque, Storm and Sanitary Sewer Reconstruction Iowa. Project pursuant to Resolution No. 94-02 and Section 3. This ordinance shall take effect notice to bidders published in a newspaper immediately upon publication, as provided by published in the City of Dubuque, Iowa on the nd law. 22 day of February, 2002. th Passed, approved and adopted this 18 day of Whereas, said sealed proposals were opened th March 2002. and read on the 7 day of March, 2002, and it Terrance M. Duggan, Mayor has been determined that the bid of Fondell Attest: Jeanne F. Schneider, City Clerk Excavating of Dubuque, Iowa, in the amount of Published officially in the Telegraph Herald $97,862.80 was the lowest bid for the th newspaper this 25 day of March, 2002. furnishings of all labor and materials and Jeanne F. Schneider, City Clerk performing the work as provided for in the plans 1t 3/25 and specifications. Buol moved that the requirement that a NOW THEREFORE, BE IT RESOLVED BY proposed Ordinance be considered and voted THE CITY COUNCIL OF THE CITY OF on for passage at two Council Meetings prior to DUBUQUE, IOWA: the meeting at which it is to be finally passed be That the contract for the above improvement suspended and further moved final be awarded to Fondell Excavating and the consideration and passage of the Ordinance. Manager be and is hereby directed to execute a Seconded by Michalski. Motion carried 6-0. contract on behalf of the City of Dubuque for the Napier Street Storm and Sanitary Sewer complete performance of the work. Reconstruction Project: Proofs of publication on BE IT FURTHER RESOLVED: notice of hearing on plans and specifications, That upon the signing of said contract and the and notice to bidders on the receipt of bids, and approval of the contractor's bond, the City City Manager recommending award of the Treasurer is authorized and instructed to return Napier Street Storm and Sanitary Sewer the bid deposits of the unsuccessful bidders. th Reconstruction Project to Fondell Excavating in Passed, approved and adopted this 18 day of the amount of $97,862.80, presented and read. March, 2002. Cline moved that the proofs and communication Terrance M. Duggan, Mayor 126 Regular Session, March 18, 2002 Attest: Jeanne F. Schneider, City Clerk NOW THEREFORE, BE IT RESOLVED BY Cline moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF Seconded by Nicholson. Motion carried 6-0. DUBUQUE, IOWA: Section 1. That the Bidder Contract No. 2 - Burlington Northern Depot Restoration Project: General Demolition be awarded to Tricon Proofs of publication on notice of hearing on Construction of Dubuque, Iowa, and the plans and specifications, and notice to bidders Manager be and is hereby directed to execute a on the receipt of bids, and City Manager contract on behalf of the City of Dubuque in the recommending award of selected construction amount of $38,000 for the complete contracts and the rejection of others for the performance of the work. Burlington Northern Depot Restoration Project, Section 2. That the Bidder Contract No. 5 – presented and read. Cline moved that the proofs Steel be awarded to Renaissance Restoration, and communication be received and filed. Inc. of Galena, Illinois, and the Manager be and Seconded by Nicholson. Motion carried 6-0. is hereby directed to execute a contract on behalf of the City of Dubuque in the amount of Jerry Enzler, of the Historical Society, spoke $65,676 for the complete performance of the stating they have contingency funds set aside work. for this project. Section 3. That the Bidder Contract No. 7 – Finish Carpentry be awarded to Renaissance RESOLUTION NO. 165-02 Restoration, Inc. of Galena, Illinois, and the RESOLUTION ADOPTING Manager be and is hereby directed to execute a PLANS AND SPECIFICATIONS contract on behalf of the City of Dubuque in the Whereas, on the 3rd day of October, 2001, amount of $35,928 for the complete plans, specifications, form of contract and performance of the work. estimated cost were filed with the City Clerk of Section 4. That the Bidder Contract No. 8 – Dubuque, Iowa for the Burlington Northern Roof be awarded to Rafoth Sheet Metal, Inc. of Railroad Depot Restoration Project. Dubuque, Iowa, and the Manager be and is Whereas, notice of hearing on plans, hereby directed to execute a contract on behalf specifications, form of contract, and estimated of the City of Dubuque in the amount of $98,447 cost was published as required by law. for the complete performance of the work. NOW THEREFORE, BE IT RESOLVED BY Section 5. That the Bidder Contract No. 8, THE CITY COUNCIL OF THE CITY OF Alternate 6 – Decorative Ridge Vent and Finials DUBUQUE, IOWA: be awarded to Rafoth Sheet Metal, Inc. of That the said plans, specifications, form of Dubuque, Iowa, and the Manager be and is contract and estimated cost are hereby hereby directed to execute a contract on behalf approved as the plans, specifications, form of of the City of Dubuque in the amount of $1,300 contract and estimated cost for said for the complete performance of the work. improvements for said project. Section 6. That the Bidder Contract No. 13 – th Passed, adopted and approved this 18 day of HVAC be awarded to Geisler Brothers Company March, 2002. of Dubuque, Iowa, and the Manager be and is Terrance M. Duggan, Mayor hereby directed to execute a contract on behalf Attest: Jeanne F. Schneider, City Clerk of the City of Dubuque in the amount of Cline moved adoption of the Resolution. $110,732 for the complete performance of the Seconded by Nicholson. Motion carried 6-0. work. Section 7. That the Bidder Contract No. 14 – RESOLUTION NO. 166-02 Plumbing be awarded to Modern Piping, Inc. of AWARDING CONTRACTS Dubuque, Iowa, and the Manager be and is Whereas, sealed proposals have been hereby directed to execute a contract on behalf submitted by contractors for the Burlington of the City of Dubuque in the amount of $36,845 Northern Railroad Depot Restoration Project for the complete performance of the work. pursuant to Resolution No. 65-02 and notice to Section 8. That the Bidder Contract No. 15A – bidders published in a newspaper published in Electric be awarded to A&G Electric of Dubuque, th the City of Dubuque, Iowa on the 8 day of Iowa, and the Manager be and is hereby February, 2002. directed to execute a contract on behalf of the Whereas, said sealed proposals were opened City of Dubuque in the amount of $76,810 for th and read on the 6 day of March, 2002, and it the complete performance of the work. has been determined that the bid of the following Section 9. That the Bidder Contract No. 15B – contractors in the amounts specified were the Lights be awarded to Morse Electric, Inc. of lowest bids for the furnishing of all labor and Dubuque, Iowa, and the Manager be and is materials and performing the work as provided hereby directed to execute a contract on behalf for in the plans and specifications. of the City of Dubuque in the amount of $38,800 for the complete performance of the work. Regular Session, March 18, 2002 127 BE IT FURTHER RESOLVED: Alternate 5 Add Restrooms Tricon That upon the signing of said contracts and the Construction approval of the contractor's bonds, the City Contract 10 Finishes Renaissance Treasurer is authorized and instructed to return Restoration, Inc. the bid deposits of the unsuccessful bidders. Alternate 1A Finish Floor without Restrooms th Passed, approved and adopted this 18 day of Tricon Construction March, 2002. Alternate 1B Finish Floor with Restrooms Terrance M. Duggan, Mayor Tricon Construction Attest: Jeanne F. Schneider, City Clerk Alternate 2 Provide Metal Stair Cline moved adoption of the Resolution. Renaissance Restoration, Inc. Seconded by Nicholson. Motion carried 6-0. Alternate 4A Finish Wall & Ceiling without Restrooms Tricon Construction RESOLUTION NO. 167-02 Alternate 4B Finish Wall & Ceiling with REJECTING BIDS Restrooms Renaissance Restoration, Inc. Whereas, sealed proposals have been Alternate 5 Add Restrooms Tricon submitted by contractors for the Burlington Construction Northern Railroad Depot Restoration Project Contract 11 Food Service Hockenbergs pursuant to Resolution No. 65-02 and notice to Equip. & Supply bidders published in a newspaper published in Contract 12 Sprinkler Tri-State th the City of Dubuque, Iowa on the 8 day of Automatic Sprinkler February, 2002. Contract 13 HVAC Whereas, said sealed proposals were opened Alternate 5 Add Restrooms Rafoth th and read on the 6 day of March, 2002, and Sheet Metal, Inc. Whereas, the City Council has deemed it Contract 14 Plumbing advisable to reject all bids indicated below, and Alternate 5 Add Restrooms Molo to re-bid the projects at a later date. Plumbing & Heating NOW THEREFORE, BE IT RESOLVED BY Contract 15A Electric THE CITY COUNCIL OF THE CITY OF Alternate 5 Add Restrooms Morse DUBUQUE, IOWA: Electric, Inc. th Section 1. That the following bids for the Passed, approved and adopted this 18 day of above improvement be rejected and the March, 2002. Manager is authorized and instructed to return Terrance M. Duggan, Mayor the bid deposits of all the bidders: Attest: Jeanne F. Schneider, City Clerk Contract 1 Masonry Demolition Cline moved adoption of the Resolution. Renaissance Restoration, Inc. Seconded by Nicholson. Motion carried 6-0. Alternate 3 Contractor Salvages Brick Renaissance Restoration, Inc. Buol moved that the rules be reinstated limiting Contract 3 Concrete Tricon Construction discussion to the Council. Seconded by Cline. nd Alternate 2 Floor Topping at 2 Floor Motion carried 6-0. Renaissance Restoration, Inc. Contract 4A Masonry Tricon Construction ACTION ITEMS Contract 4B Masonry (Material) Renaissance Restoration, Inc. Nicholson moved that the following be Contract 5 Steel removed from the table: Seconded by Buol. Alternate 2 Provide Metal Stair Motion carried 6-0. Renaissance Restoration, Inc. Eagle Point No. 2 – Final Plat (Tabled at Contract 6 Rough Carpentry 2/18/02 Meeting): Communication from the City Renaissance Restoration, Inc. Manager requesting that this item be tabled to Alternate 2 Provide Metal Stair the April 1, 2002 City Council meeting; Zoning Tricon Construction Advisory Commission recommending approval Alternate 5 Add Restrooms of the final plat of Eagle Point No. 2 Subdivision Renaissance Restoration, Inc. at the end of Rhomberg Avenue in the City of Contract 7 Finish Carpentry Dubuque and Dubuque County as requested by Alternate 4A Finish Wall & Ceiling without the City of Dubuque; Communication from Brian Renaissance Restoration, Inc. Restrooms J. Kane, representing Clint V. Johnson, Alternate 4B Finish Wall & Ceiling with requesting the City Council approve Mr. Renaissance Restoration, Inc. Restrooms Johnson’s purchase of real estate owned by the Contract 9 Doors & Windows Tricon City of Dubuque that is adjacent to his property Construction and a Resolution approving the final plat of Alternate 2 Provide Metal Stair Tricon Eagle Point No. 2 in the City of Dubuque, Iowa, Construction presented and read. Nicholson moved that this 128 Regular Session, March 18, 2002 item be tabled indefinitely. Seconded by Cline. facility (Lot A) and the easements for public Motion carried 6-0. utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be Arbor Estates – Final Plat: City Manager and the same are hereby accepted; and recommending approval of the final plat for the Section 2. That Section 42-19(b) of the first phase of Arbor Estates in the City of Subdivision Regulations is waived to allow Lots Dubuque, Iowa as submitted by Kivlahan Farms, 1 thru 13 in Block 4 to have double frontages, L.C., presented and read. Cline moved that the where double frontages are not allowed unless communication be received and filed. Seconded one frontage is an arterial street without access by Michalski. Motion carried 5-0 with Nicholson rights, provided that Kivlahan Farms, L.C., as temporarily out of the Chambers. owners of said property, agree to plant trees on private property along the north side of both nd RESOLUTION NO. 168-02 Arboretum Drive and W. 32 Street. A RESOLUTION APPROVING THE FINAL Section 3. That the final plat of a Final Plat of PLAT OF LOTS 1 THRU 8, INCLUSIVE, & LOT Lots 1 thru 8, Inclusive, & Lot A of Block 1, Block A OF BLOCK 1, BLOCK 2, BLOCK 3, LOTS 1 2, Block 3, Lots 1 thru 13, Inclusive, of Block 4, THRU 13, INCLUSIVE, OF BLOCK 4, LOTS 1 Lots 1 thru 11, Inclusive, of Block 5, Lots 11 & THRU 11, INCLUSIVE, OF BLOCK 5, LOTS 11 12 of Block 6, Lots 1 & 2 of Block 7, and Lots A & 12 OF BLOCK 6, LOTS 1 & 2 OF BLOCK 7, thru G, Inclusive, all of Arbor Estates is hereby AND LOTS A THRU G, INCLUSIVE, ALL OF approved by the Mayor and City Clerk are ARBOR ESTATES, IN THE CITY OF hereby authorized and directed to endorse the DUBUQUE, IOWA approval of the City of Dubuque, Iowa, upon Whereas, there has been filed with the City said final plat, provided the owners of said Clerk a Final Plat of Lots 1 thru 8, Inclusive, & property herein named, execute their written Lot A of Block 1, Block 2, Block 3, Lots 1 thru acceptance hereto attached agreeing: 13, Inclusive, of Block 4, Lots 1 thru 11, (a) To reduce Honeysuckle Lane (Lot A), Inclusive, of Block 5, Lots 11 & 12 of Block 6, Arrowwood Lane (Lot B), Bittersweet Lane (Lots Lots 1 & 2 of Block 7, and Lots A thru G, C and D), John F. Kennedy Road (Lot E) and Inclusive, all of Arbor Estates, in the City of Arboretum Drive (Lot G) to grade and to Dubuque, Iowa; and construct concrete curb and gutter and to hard Whereas, upon said final plat appears streets surface with asphaltic concrete, or with concrete to be known as Honeysuckle Lane (Lot A), paving with integral curb, all in accordance with Arrowwood Lane (Lot B), Bittersweet Lane (Lots the City of Dubuque standard specifications, all C and D), John F. Kennedy Road (Lot E) and in a manner acceptable to the City Engineer, in Arboretum Drive (Lot G), together with certain conformance with construction improvement public utility, sewer easements and storm water plans approved by the City Engineer, and detention facility, which the owners by said final inspected by the City Engineer. plat have dedicated to the public forever; and (b) To install sanitary sewer mains and sewer Whereas, said plat provides double frontages service laterals into each individual lot, water on Lots 1 thru 13 of Block 4, where double mains and water service laterals into each frontage lots are prohibited by Section 42-19(b) individual lot, storm sewers and catch basins, of the Subdivision Regulations; and boulevard street lighting and erosion control Whereas, the preliminary plat has been devices all in accordance with the City of examined by the Zoning Advisory Commission Dubuque standard specifications, all in a and had its approval endorsed thereon; and manner acceptable to the City Engineer, and in Whereas, said final plat has been reviewed by accordance with construction improvement the City Planner and had her approval endorsed plans approved by the City Engineer, and thereon, subject to the owners agreeing to the inspected by the City Engineer. conditions noted in Section 2 and 3 below; and (c) To construct a storm water detention facility Whereas, said final plat has been examined by in a manner acceptable to the City Engineer, in the City Council and they find that it conforms to accordance with the City of Dubuque standard the statutes and ordinances relating to it, except specifications approved by the City Engineer, that no streets or public utilities have yet been and inspected by the City Engineer. constructed or installed. (d) To construct said improvements, prior to NOW, THEREFORE, BE IT RESOLVED BY two (2) years from the date of acceptance of this THE CITY COUNCIL OF THE CITY OF resolution, at the sole expense of the owners, or DUBUQUE, IOWA: future owner; Section 1. That the dedication of Honeysuckle (e) To maintain the public improvements, for a Lane (Lot A), Arrowwood Lane (Lot B), period of two (2) years from the date of the Bittersweet Lane (Lots C and D), John F acceptance of those improvements by the City Kennedy Road (Lot E),and Arboretum Drive (Lot of Dubuque, Iowa, at the sole expense of the G) together with the storm water detention owners, or future owner; Regular Session, March 18, 2002 129 And, further provided that said Kivlahan Harvest Business Center – Final Plat: City Farms, L.C., as owners of said property, shall Manager recommending approval of the final secure the performance of the foregoing plat of Harvest Business Center located conditions provided in this Section by providing immediately east of Resurrection Church and guarantees in such form and with such sureties which is the commercial portion of the Harvest as may be acceptable to the City Manager of the View Estates Subdivision, presented and read. City of Dubuque, Iowa. Cline moved that the communication be Section 4. Sidewalk installation shall be the received and filed. Seconded by Buol. Motion responsibility of the owner abutting the public carried 6-0. rights-of-way, including lots with multiple Marty McNamer spoke in favor of the final plat frontages, as required by City Code 41-161 approval. through 41-164. The responsibility shall extend RESOLUTION NO. 169-02 to all successors, heirs and assignees. A RESOLUTION APPROVING THE FINAL Sidewalk installation will not be required until the PLAT OF HARVEST BUSINESS CENTER, IN development of the lot has been completed, THE CITY OF DUBUQUE, IOWA except as required herein. In sparsely developed subdivisions, sidewalks on developed Whereas, there has been filed with the City lots will not be required until 50% of the lots Clerk a final plat of Harvest Business Center, in approved by the plat have been developed. All the City of Dubuque, Iowa; and vacant lots shall have sidewalks installed upon Whereas, upon said final plat appears a street development of 80% of the lots approved by the to be known as Commerce plat. Court (Lot A), together with certain public Section 5. The developer will maintain the utility, sewer easements, which the owners by detention facility until it has been fully completed said final plat have dedicated to the public and 80% of the sum of the platted lots in the forever; and entire Arbor Estates are fully developed and the Whereas, the preliminary plat has been remaining 20% of these lots have installed examined by the Zoning Advisory Commission adequate erosion control measures as approved and had its approval endorsed thereon; and by the City. Upon the Citys acceptance of the Whereas, said final plat has been reviewed by = detention facility, the maintenance expenses the City Planner and had her approval endorsed incurred by the City of Dubuque for the storm thereon, subject to the owners agreeing to the water detention facility (Lot A, Block 1) shall be conditions noted in Section 2 below; and assessed against the lot owners of Arbor Whereas, said final plat has been examined by the City Council and they find that it conforms to Estates, in equal amounts, and the City the statutes and ordinances relating to it, except Manager shall certify such costs to the City that no streets or public utilities have yet been Clerk, who in turn shall promptly certify such constructed or installed. costs to the Dubuque County Treasurer, and NOW, THEREFORE, BE IT RESOLVED BY such costs shall then be collected with and in the same manner as general property taxes in THE CITY COUNCIL OF THE CITY OF accordance with provisions of law. DUBUQUE, IOWA: Section 6. That the final acceptance of all Section 1. That the dedication of Commerce Court (Lot A), together with the easements for public improvements shall occur upon public utilities, sanitary sewer, storm sewer and certification of the City Engineer to the City water mains as they appear upon said final plat, Council that all public improvements have been be and the same are hereby accepted; and completed in accordance with the improvement Section 2. That the final plat of Harvest plans and City standard specifications and accepted by City Council Resolution. Business Center is hereby approved by the Section 7. That in the event Kivlahan Farms, Mayor and City Clerk are hereby authorized and L.C. fails to execute the acceptance and furnish directed to endorse the approval of the City of the guarantees provided in Sections 2 and 3 Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, hereof within 180 days after the date of this execute their written acceptance hereto attached Resolution, the provisions hereof shall be null agreeing: and void and the acceptance of the dedication (a) To reduce Commerce Court (Lot A) to and approval of the plat shall not be effective. th Passed, approved and adopted this 18 day of grade and to construct concrete curb and gutter March, 2002. and to hard surface with asphaltic concrete, or Terrance M. Duggan, Mayor with concrete paving with integral curb, all in Attest: Jeanne F. Schneider, City Clerk accordance with the City of Dubuque standard specifications, all in a manner acceptable to the Cline moved adoption of the Resolution. City Engineer, in conformance with construction Seconded by Michalski. Motion carried 5-0 with improvement plans approved by the City Nicholson temporarily out of the Chambers. Engineer, and inspected by the City Engineer. 130 Regular Session, March 18, 2002 (b) To install sanitary sewer mains and sewer general property taxes in accordance with service laterals into each individual lot, water provisions of law. mains and water service laterals into each Section 5. That the final acceptance of all individual lot, storm sewers and catch basins, public improvements shall occur upon boulevard street lighting and erosion control certification of the City Engineer to the City devices all in accordance with the City of Council that all public improvements have been Dubuque standard specifications, all in a completed in accordance with the improvement manner acceptable to the City Engineer, and in plans and City standard specifications and accordance with construction improvement accepted by City Council Resolution. plans approved by the City Engineer, and Section 6. That in the event Harvest inspected by the City Engineer. Development Group, L.L.C. fails to execute the (c) To construct said improvements, prior to two acceptance and furnish the guarantees provided (2) years from the date of acceptance of this in Section 2 hereof within 180 days after the resolution, at the sole expense of the owners, or date of this Resolution, the provisions hereof future owner; shall be null and void and the acceptance of the (d) To maintain the public improvements, for a dedication and approval of the plat shall not be period of two (2) years from the date of the effective. acceptance of those improvements by the City Passed, approved and adopted this 18th day of Dubuque, Iowa, at the sole expense of the of March, 2002. owners, or future owner; Terrance M. Duggan, Mayor And, further provided that said Harvest Attest: Jeanne F. Schneider, City Clerk Development Group, L.L.C., as owners of said ACCEPTANCE OF RESOLUTION NO. 169-02 property, shall secure the performance of the I, the undersigned, Martin J. McNamer, foregoing conditions provided in this Section by Secretary-Treasurer, representing Harvest providing guarantees in such form and with such Development Group, L.L.C., having read the sureties as may be acceptable to the City terms and conditions of Resolution No. 169-02, Manager of the City of Dubuque, Iowa. and being familiar with the conditions thereof, Section 3. Sidewalk installation shall be the hereby accept the same and agree to the responsibility of the owner abutting the public conditions required therein. rights-of-way, including lots with multiple Dated this 19th day of March, 2002. frontages, as required by City Code 41-161 By: /s/ Martin J. McNamer through 41-164. The responsibility shall extend Harvest Development Group, L.L.C. to all successors, heirs and assignees. Cline moved adoption of the Resolution. Sidewalk installation will not be required until the Seconded by Buol. Motion carried 6-0. development of the lot has been completed, except as required herein. In sparsely Streetscape and Landscape Design developed subdivisions, sidewalks on developed Guidelines: Historic Preservation Commission lots will not be required until 50% of the lots recommending approval of the Streetscape and approved by the plat have been developed. All Landscape Design Guidelines for the City’s vacant lots shall have sidewalks installed upon historic districts, presented and read. Buol development of 80% of the lots approved by the moved that the communication be received and plat. filed and recommendation approved. Seconded Section 4. The developer will maintain the by Connors. Motion carried 6-0. detention facility until it has been fully completed and 80% of the sum of the platted lots in the Update of Heritage Trail Extension Project: entire Harvest Estates First Addition, approved City Manager recommending approval of the by Resolution No.349-01, and Lot 1 thru 4, plans for the Heritage Trail Extension Project inclusive of Harvest Business Center, are fully and bidding of the project by the Iowa developed and the remaining 20% of these lots Department of Transportation, presented and have installed adequate erosion control read. Michalski moved that the communication measures as approved by the City. Upon the be received and filed and approved Citys acceptance of the detention facility, the recommendation. Seconded by Nicholson. = maintenance expenses incurred by the City of Motion carried 6-0. Dubuque for the storm water detention facility shall be assessed against the lot owners of Southwest Arterial Building Permit Moratorium: Harvest Estates First Addition and Lots 1 thru 4, City Manager recommending extension of the Building Permit Moratorium, which expired on inclusive of Harvest Business Center, in equal February 19, 2002, for the IA32-Southwest amounts, and the City Manager shall certify Arterial Corridor at the U.S. 20/Seippel Road such costs to the City Clerk, who in turn shall interchange until April 1, 2003 to allow continued promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be work on the Environmental Assessment Study, collected with and in the same manner as presented and read. Cline moved to received Regular Session, March 18, 2002 131 and filed the communication. Seconded by Attest: Jeanne F. Schneider, CMC, City Clerk Nicholson. Motion carried 6-0. Published officially in the Telegraph Herald the th 25 day of March, 2002. An Ordinance Amending Chapter 11 (Buildings /s/Jeanne F. Schneider, CMC, City Clerk and Building Regulations) of the City of 1t 3/25 Dubuque Code of Ordinances by amending Cline moved that the requirement that a Section 11-58.3 of the City of Dubuque Code of proposed Ordinance be considered and voted Ordinances by establishing a twelve month on for passage at two Council Meetings prior to moratorium on the issuance of permits for work the meeting at which it is to be finally passed be in the Southwest Arterial Corridor, presented suspended and further moved final and read. consideration and passage of the Ordinance, as amended to extend the moratorium until May 1, OFFICIAL PUBLICATION 2003. Seconded by Nicholson. Motion carried ORDINANCE NO. 20-02 6-0. AN ORDINANCE AMENDING CHAPTER 11 (BUILDINGS AND BUILDING REGULATIONS) Extension of Highway 20 Building Permit OF THE CITY OF DUBUQUE CODE OF Moratorium: City Manager recommending ORDINANCES BY AMENDING SECTION 11- approval of an Iowa Department of 58.3 OF THE CITY OF DUBUQUE CODE OF Transportation request to extend the building ORDINANCES BY ESTABLISHING A permit moratorium on Highway 20 until May 1, THIRTEEN MONTH MORATORIUM ON THE 2003 from Bluff Street east to the city limits in ISSUANCE OF PERMITS FOR WORK IN THE connection with the U.S. Mississippi River SOUTHWEST ARTERIAL CORRIDOR. Crossing Study, presented and read. Cline Whereas, the Iowa Department of moved to received and filed the communication. Transportation (IDOT) and the City of Dubuque Seconded by Nicholson. Motion carried 6-0. are conducting a Southwest Arterial Corridor Study, which will include the determination of a An Ordinance Amending Chapter 11 (Buildings preferred alignment; and and Building Regulations) of the City of Whereas, the IDOT has requested that the Dubuque Code of Ordinances by amending City of Dubuque extend said moratorium an Section 11-58.1 of the City of Dubuque Code of additional twelve months to allow the City to Ordinances by establishing a twelve month further explore alternative routes and moratorium on the issuance of permits for work environmental impacts; and in the U.S. Highway 20 Corridor, presented and Whereas, the City of Dubuque desires to read. minimize potential development conflicts during OFFICIAL PUBLICATION this study by extending the moratorium for the ORDINANCE NO. 21-02 Southwest Arterial Corridor. AN ORDINANCE AMENDING CHAPTER 11 NOW, THEREFORE, BE IT ORDAINED BY (BUILDINGS AND BUILDING REGULATIONS) THE CITY COUNCIL OF THE CITY OF OF THE CITY OF DUBUQUE CODE OF DUBUQUE, IOWA: ORDINANCES BY AMENDING SECTION 11- Section 1. Chapter 11 (Buildings and Building 58.1 OF THE CITY OF DUBUQUE CODE OF Regulations) of the City of Dubuque Code of ORDINANCES BY ESTABLISHING A TWELVE Ordinances is hereby amended by amending MONTH MORATORIUM ON THE ISSUANCE Section 11-58.3 as follows: OF PERMITS FOR WORK IN THE U.S. Section 11-58.3 Moratorium – for work in the HIGHWAY 20 CORRIDOR. Southwest Arterial Corridor. The Building Official shall not issue any permit for any new Whereas, the Iowa and Illinois Departments of construction or substantial enlargement, Transportation are conducting a U.S 20 alteration, repair or remodeling of any structure, Mississippi River Crossing Study; and building, or sign in the Southwest Arterial Whereas, the issuance of permits in the study Corridor but not to include demolition, as shown corridor of U.S. 20 could impact the study on the map on file in the Office of the City Clerk, negatively. th 50 West 13 Street, Dubuque, Iowa, during a NOW, THEREFORE, BE IT ORDAINED BY period from the date of publication of this THE CITY COUNCIL OF THE CITY OF ordinance to May 1, 2003, except where a DUBUQUE, IOWA: vested right to the issuance of such permit Section 1. Chapter 11 (Buildings and Building accrued prior to November 20, 2000. regulations) of the City of Dubuque Code of Section 2. This Ordinance shall take effect Ordinances is hereby amended by amending upon publication, as provided by law. Section 11-58.1 as follows: th Passed, approved and adopted this 18 day of Section 11-58.1 Moratorium – for work in the March, 2002. U.S. 20 Corridor. /s/Terrance M. Duggan, Mayor 132 Regular Session, March 18, 2002 The building official shall not issue any permit Section 1. The City of Dubuque Code of for any new construction or substantial Ordinances is amended by adding a new section enlargement, alteration, repair or remodeling of 33-83 as follows: any structure, building, or sign in the U.S. 20 Under The Influence of a Controlled (Dodge Street), but not to include demolition, Substance. from the eastern corporate limits of the City of A person shall not be under the influence or Dubuque westerly to the intersection of U.S. 20 simulate being under the influence of a (Dodge Street) with Bluff Street, as shown on controlled substance in violation of the Uniform the map on file in the Office of the City Clerk, 50 Controlled Substances Act in a public place. th West 13 Street, Dubuque, Iowa, during a Section 2. The City of Dubuque Code of period from May 2, 2002 to May 1, 2003, except Ordinances is amended by adding a new section where a vested right to the issuance of such 33-84 as follows: permit accrued prior to May 1, 2001 33-84 Sniffing Glue or Other Chemical Section 2. This Ordinance shall take effect on Substances May 1, 2002. No person shall, for the purpose of causing a Passed, approved and adopted this 18th day condition of intoxication, euphoria, excitement, of March, 2002. exhilaration, stupefaction, or dulling of the Terrance M. Duggan, Mayor senses or nervous system, smell or inhale the Attest: Jeanne F. Schneider, City Clerk fumes from any glue, cement, aerosol spray, Published officially in the Telegraph Herald inhalers, and other solvents or chemicals having th newspaper this 25 day of March, 2002. the property of releasing vapors; however, this Jeanne F. Schneider, City Clerk section shall not apply to the inhalation of any 1t 3/25 medicine or anesthesia for medical or dental Cline moved that the requirement that a purposes. proposed Ordinance be considered and voted Section 3. This ordinance shall take effect on for passage at two Council Meetings prior to upon publication. th the meeting at which it is to be finally passed be Passed, approved and adopted this 18day of suspended and further moved final March, 2002. consideration and passage of the Ordinance. Terrance M. Duggan, Mayor Seconded by Nicholson. Motion carried 6-0. Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald the th Amendment to the Code of Ordinances – 25 day of March, 2002. Offenses and Miscellaneous Provisions: City Jeanne F. Schneider, CMC, City Clerk Manager recommending the addition of two 1t 3/25 sections to the City of Dubuque Code of Michalski moved that the requirement that a Ordinances which would allow for a person proposed Ordinance be considered and voted suffering from intoxication from substances other on for passage at two Council Meetings prior to than alcohol to be held responsible for their the meeting at which it is to be finally passed be actions as well as add protections for the suspended and further moved final general public, presented and read. Michalski consideration and passage of the Ordinance. moved that the communication be received and Seconded by Nicholson. Motion carried 6-0. filed. Seconded by Nicholson. Motion carried 6- 0. Amendment to the Code to Ordinances – Alcoholic Beverages: City Manager An Ordinance Amending the City of Dubuque recommending adoption of an amendment to the Code of Ordinances by adding a new Section City of Dubuque Code of Ordinances to prohibit 33-83 Prohibiting Being Under the Influence of a underage persons from remaining after 9:00 Controlled Substance in a Public Place and p.m. in those establishments where more than adding a new Section 33-84 Prohibiting Sniffing thirty-five percent of the business conducted on Glue or other Chemical Substances, presented such premises is the sale or dispensing of liquor, and read. wine or beer, except under the conditions of Subsection 5-7.2(b), presented and read. Buol OFFICIAL PUBLICATION moved that the communication be received and ORDINANCE NO. 22-02 filed. Seconded by Nicholson. Motion carried 6- AN ORDINANCE AMENDING THE CITY OF 0. DUBUQUE CODE OF ORDINANCES BY ADDING A NEW SECTION 33-84 An Ordinance Amending the City of Dubuque PROHIBITING SNIFFING GLUE OR OTHER Code of Ordinances Section 5-7.2(a) underage CHEMICAL SUBSTANCES persons prohibited from premises where NOW, THEREFORE, BE IT ORDAINED BY alcoholic liquor is sold or dispensed, presented THEj CITY COUNCIL OF THE CITY OF and read. DUBUQUE, IOWA: Regular Session, March 18, 2002 133 OFFICIAL PUBLICATION ORDINANCE NO. 24-02 ORDINANCE NO. 23-02AN ORDINANCE AMENDING THE CITY OF AN ORDINANCE AMENDING CITY OF DUBUQUE CODE OF ORDINANCES DUBUQUE CODE OF ORDINANCES SECTION 32-411 REMOVAL AND SECTION 5-7.2(a) UNDERAGE PERSONS IMPOUNDMENT OF VEHICLES BY PROHIBITED FROM PREMISES WHERE PERMITTING THE TOWING OF VEHICLES ON ALCOHOLIC LIQUOR IS SOLD OR PRIVATE PROPERTY WITH THE PROPERTY DISPENSED OWNER’S CONSENT. NOW, THEREFORE, BE IT ORDAINED BY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: DUBUQUE, IOWA: Section 1. City of Dubuque Code of Section 1. Section 32-411 of the City of Ordinances sec. 5-7.2(a) is amended to read as Dubuque Code of Ordinances is amended to follows: read as follows: It shall be unlawful for any person under the Sec. 32-411 Removal And Impoundment. age for lawful purchase and/or possession of Any vehicle having against it five (5) or more alcoholic beverages to enter or remain upon any unpaid violations, charging that such vehicle premises between the hours of nine o’clock was parked, stopped or standing in violation of (9:00) P.M. and closing where more than thirty any law, ordinance or local authority of the city five percent (35%) of the business conducted on shall be deemed a public nuisance. The police such premises is the sale or dispensing of liquor, department and parking division are hereby wine or beer except as set forth in subsection (b) authorized to remove or cause to be removed of this Section. The phrase “business from property owned by the City or private conducted on such premises” shall be defined property with the property owner’s consent such as the total business revenue generated on such vehicle at the sole cost and expense of the premises during the previous calendar year. habitual violator. The police department and Section 2. This ordinance shall take effect parking division shall have the power and are upon publication. hereby authorized to remove the vehicle by th Passed, approved and adopted this 18 day of either private or governmental equipment as March, 2002 . they may deem advisable. Terrance M. Duggan, Mayor, Section 2. This Ordinance shall take effect Attest: Jeanne F. Schneider, City Clerk upon publication. Published officially in the Telegraph Herald the Passed, approved and adopted this 18th day th 25 day of March, 2002. of March, 2002. /s/Jeanne F. Schneider, CMC, City Clerk Terrance M. Duggan, Mayor 1t 3/25 Attest: Jeanne F. Schneider, City Clerk Buol moved that the requirement that a Published officially in the Telegraph Herald the th proposed Ordinance be considered and voted 25 day of March, 2002. on for passage at two Council Meetings prior to Jeanne F. Schneider, CMC, City Clerk the meeting at which it is to be finally passed be 1t 3/25 suspended and further moved final Buol moved that the requirement that a consideration and passage of the Ordinance. proposed Ordinance be considered and voted Seconded by Nicholson. Motion carried 6-0. on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be Vehicle Impoundment Ordinance: City suspended and further moved final Manager recommending modifications to the consideration and passage of the Ordinance. existing Vehicle Impoundment Ordinance to Seconded by Michalski. Motion carried 6-0. provide the authority to impound vehicles from private lots, with the property owner’s consent, and eliminating the twelve month time limitation COUNCIL MEMBER REPORTS for the collection of unpaid fines, presented and read. Buol moved that the communication be Michalski reminded citizens to attend the Long received and filed. Seconded by Michalski. Range Planning Advisory Commission’s Public Motion carried 6-0. Hearing concerning the Amendment of the Downtown Dubuque Urban Renewal District on An Ordinance Amending the City of Dubuque Wednesday, March 20, 2002 at 7:00 P.M. in the Code of Ordinances Section 32-411 removal Library Auditorium. and impoundment of vehicles by permitting the towing of vehicles on private property with the ITEMS TO BE SET FOR PUBLIC HEARING property owner’s consent, presented and read. Carmel Drive – Request to Vacate: City OFFICIAL PUBLICATION Manager recommending that a public hearing be 134 Regular Session, March 18, 2002 set for April 1, 2002 to consider a request from Drive known as Lot 5A of Carmel Heights in the the Sisters of Charity of the Blessed Virgin Mary City of Dubuque, Dubuque County, Iowa should that the City vacate a portion of Carmel Drive be approved. abutting their property, presented and read. NOW THEREFORE, BE IT RESOLVED BY Buol moved that the communication be received THE CITY COUNCIL OF THE CITY OF and filed. Seconded by Nicholson. Motion DUBUQUE, IOWA: carried 6-0. Section 1. That the real estate described as Lot 5A of Carmel Heights in the City of RESOLUTION NO. 170-02 Dubuque, Iowa, be and the same is hereby RESOLUTION APPROVING PLAT OF vacated. th PROPOSED VACATED PORTION OF Passed, approved and adopted this 18 day of CARMEL DRIVE March, 2002. Whereas, there has been presented to the City Terrance M. Duggan, Mayor Council of the City of Dubuque, Iowa, a plat Attest: Jeanne F. Schneider, City Clerk dated February 22, 2002, prepared by IIW Published officially in the Telegraph Herald th Engineers & Surveyors, PC, describing the newspaper this 25 day of March, 2002. proposed vacated portion of Carmel Drive; and Jeanne F. Schneider, City Clerk Whereas, said plat conforms to the laws and 1t 3/25 statutes pertaining thereto. Buol moved that the requirement that a NOW, THEREFORE, BE IT RESOLVED BY proposed Ordinance be considered and voted THE CITY COUNCIL OF THE CITY OF on for passage at two Council Meetings prior to DUBUQUE, IOWA: the meeting at which it is to be finally passed be Section 1. That the plat dated February 22, suspended and further moved final 2002, prepared by IIW Engineers & Surveyors, consideration and passage of the Ordinance. PC, relative to the real estate hereinabove Seconded by Nicholson. Motion carried 6-0. described be and the same is hereby approved, RESOLUTION NO. 171-02 and the Mayor and City Clerk be and they are RESOLUTION OF INTENT TO DISPOSE OF hereby authorized and directed to execute said CITY INTEREST IN LOT 5A OF CARMEL plat for and on behalf of the City of Dubuque, HEIGHTS, DUBUQUE, IOWA Iowa. Section 2. That the City Clerk be and is hereby Whereas, the Sisters of Charity of the Blessed authorized and directed to file said plat and Virgin Mary has requested the vacating of a certified copy of this resolution in the office of portion of Carmel Drive. the Recorder, in and for Dubuque County, Iowa. Whereas, IIW Engineers & Surveyors, PC has th Passed, approved and adopted this 18 day of prepared and submitted to the City Council a March, 2002. plat showing the vacated portion of Carmel Drive Terrance M. Duggan, Mayor and assigned lot numbers thereto, which Attest: Jeanne F. Schneider, City Clerk hereinafter shall be known and described as Lot Buol moved adoption of the Resolution. 5A of Carmel Heights in the City of Dubuque, Seconded by Nicholson. Motion carried 6-0. Iowa; and Whereas, the City Council of the City of An Ordinance Vacating a portion of Carmel Dubuque, Iowa has determined that this portion Drive, presented and read. of Carmel Drive is no longer required for public use, and vacating and sale of said portions of (OFFICIAL PUBLICATION) alleys and streets known as Lot 5A of Carmel ORDINANCE NO. 25-02 Heights in the City of Dubuque, Dubuque ORDINANCE VACATING A PORTION OF County, Iowa should be approved. CARMEL DRIVE NOW THEREFORE, BE IT RESOLVED BY Whereas, the Sisters of Charity of the Blessed THE CITY COUNCIL OF THE CITY OF Virgin Mary has requested the vacating of a DUBUQUE, IOWA: portion of Carmel Drive; and Section 1. That the City of Dubuque intends to Whereas, IIW Engineers & Surveyors, PC has dispose of its interest in Lot 5A of Carmel prepared and submitted to the City Council a Heights in the City of Dubuque, Iowa. plat showing the vacated portion of Carmel Drive Section 2. That the conveyance of Lot 5A of and assigned lot numbers thereto, which Carmel Heights in the City of Dubuque, Iowa to hereinafter shall be known and described as Lot the Sisters of Charity of the Blessed Virgin Mary 5A of Carmel Heights in the City of Dubuque, be contingent upon the payment of $14,852.88, Dubuque County, Iowa; plus platting, publication and filing fees. Whereas, the City Council of the City of Section 3. That the City Clerk be and is hereby Dubuque, Iowa has determined that a portion of authorized and directed to cause a notice of Carmel Drive is no longer required for public intent to dispose of said real estate to be use, and vacating of said portion of Carmel published in the manner as prescribed by law. Regular Session, March 18, 2002 135 th Passed, approved and adopted this 18 day of published in a newspaper having general March, 2002. circulation in the City of Dubuque, Iowa, which Terrance M. Duggan, Mayor notice shall be not less than four days nor more Attest: Jeanne F. Schneider, City Clerk than twenty days prior to the day fixed for its Buol moved adoption of the Resolution and consideration. At the hearing, any interested further set this for public hearing at a meeting to person may appear and file objections to the commence at 6:30 P.M. on April 1, 2002 in the proposed plans, specifications, contract, or Public Library Auditorium and direct the City estimated cost of the improvement. Clerk to publish notice in the manner prescribed Passed, adopted and approved this 18th day by law. Seconded by Nicholson. Motion carried of March, 2002. 6-0. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Operations and Maintenance Center Roof Buol moved adoption of the Resolution setting Repair Project – Initiate: City Manager date of Hearing for 4/15/02 at a meeting to recommending initiation of the bidding process commence at 6:30 P.M. in the Public Library for the Operations and Maintenance Center Auditorium and direct the City Clerk to publish Roof Repair Project and setting a public hearing notice in the manner prescribed by law. for April 15, 2002, presented and read. Buol Seconded by Nicholson. Motion carried 6-0. moved that the communication be received and RESOLUTION NO. 174-02 filed. Seconded by Nicholson. Motion carried 6- ORDERING BIDS 0. NOW THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 172-02 THE COUNCIL OF THE CITY OF DUBUQUE, PRELIMINARY APPROVAL OF IOWA: PLANS AND SPECIFICATIONS That the Operations & Maintenance Center NOW THEREFORE, BE IT RESOLVED BY Roof Repair Project is hereby ordered to be THE CITY COUNCIL OF THE CITY OF advertised for bids for construction. DUBUQUE, IOWA: BE IT FURTHER RESOLVED, that the amount That the proposed plans, specifications, form of the security to accompany each bid shall be in of contract and estimated cost for the an amount which shall conform to the provisions Operations & Maintenance Center Roof Repair of the notice to bidders hereby approved as a Project in the estimated amount of $32,452.00, part of the plans and specifications heretofore are hereby approved and ordered filed in the adopted. office of the City Clerk for public inspection. That the City Clerk is hereby directed to Passed, adopted and approved this 18th day advertise for bids for the construction of the of March, 2002. improvements herein provided, to be published Terrance M. Duggan, Mayor in a newspaper having general circulation in the Attest: Jeanne F. Schneider, CMC, City Clerk City of Dubuque, Iowa, which notice shall not be Buol moved adoption of the Resolution. less than four days nor more than twenty days Seconded by Nicholson. Motion carried 6-0. prior to the receipt of said bids at 2:00 p.m. on the 9th day of April, 2002. Bids shall be opened RESOLUTION NO. 173-02 and read by the City Clerk at said time and will FIXING DATE OF THE HEARING be submitted to the Council for final action at ON PLANS AND SPECIFICATIONS 6:30 p.m. on the 15th day of April, 2002. Whereas, the City Council of the City of Passed, adopted and approved this 18th day Dubuque, Iowa has given its preliminary of March, 2002. approval on the proposed plans, specifications, Terrance M. Duggan, Mayor and form of contract and placed same on file in Attest: Jeanne F. Schneider, CMC, City Clerk the office of the City Clerk for public inspection Buol moved adoption of the Resolution. of the Operations & Maintenance Center Roof Seconded by Nicholson. Motion carried 6-0. Repair Project. NOW THEREFORE, BE IT RESOLVED BY Tanzanite Drive Paving – Initiate: City THE CITY COUNCIL OF THE CITY OF Manager recommending initiation of the bidding DUBUQUE, IOWA: process for the Tanzanite Drive Paving Project That on the 15th of April, 2002, a public and setting a public hearing for April 15, 2002, hearing will be held at 6:30 p.m. in the Public presented and read. Buol moved that the Library Auditorium at which time interested communication be received and filed. Seconded persons may appear and be heard for or against by Nicholson. Motion carried 6-0. the proposed plans and specifications, form of RESOLUTION NO. 175-02 contract and cost of said improvement, and the PRELIMINARY APPROVAL OF City Clerk be and is hereby directed to cause a PLANS AND SPECIFICATIONS notice of time and place of such hearing to be 136 Regular Session, March 18, 2002 NOW THEREFORE, BE IT RESOLVED BY That the Tanzanite Drive Paving Project is THE CITY COUNCIL OF THE CITY OF hereby ordered to be advertised for bids for DUBUQUE, IOWA: construction. That the proposed plans, specifications, form BE IT FURTHER RESOLVED, that the amount of contract and estimated cost for the Tanzanite of the security to accompany each bid shall be in Drive Paving Project, in the estimated amount of an amount which shall conform to the provisions $519,637.46, are hereby approved and ordered of the notice to bidders hereby approved as a filed in the office of the City Clerk for public part of the plans and specifications heretofore inspection. adopted. th Passed, approved and adopted this 18 day of That the City Clerk is hereby directed to March, 2002. advertise for bids for the construction of the Terrance M. Duggan, Mayor improvements herein provided, to be published Attest: Jeanne F. Schneider, City Clerk in a newspaper having general circulation in the Buol moved adoption of the Resolution. City of Dubuque, Iowa, which notice shall not be Seconded by Nicholson. Motion carried 6-0. less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on th RESOLUTION NO. 176-02 the 4 day of April, 2002. Bids shall be opened FIXING DATE OF HEARING and read by the City Clerk at said time and will ON PLANS AND SPECIFICATIONS be submitted to the Council for final action at th Whereas, the City Council of the City of 6:30 p.m. on the 15 day of April, 2002. th Dubuque, Iowa has given its preliminary Passed, approved and adopted this 18 day of approval on the proposed plans, specifications, March, 2002. and form of contract and placed same on file in Terrance M. Duggan, Mayor the office of the City Clerk for public inspection Attest: Jeanne F. Schneider, City Clerk of the Tanzanite Drive Paving Project. Buol moved adoption of the Resolution. NOW THEREFORE, BE IT RESOLVED BY Seconded by Nicholson. Motion carried 6-0. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: At 8:07 P.M. Michalski moved to go into th That on the 15 day of April, 2002, a public Closed Session re: Property Acquisition – hearing will be held at 6:30 p.m. in the Public Chapter 21.5(1)(j) 2001 Code of Iowa. Library Auditorium at which time interested Seconded by Nicholson. Motion carried 6-0. persons may appear and be heard for or against the proposed plans and specifications, form of At 8:28 P.M. Council reconvened Regular contract and cost of said improvement, and the Session stating that Staff had been given proper City Clerk be and is hereby directed to cause a direction. notice of time and place of such hearing to be published in a newspaper having general There being no further business, Buol moved circulation in the City of Dubuque, Iowa, which to adjourn. Seconded by Cline. Motion carried notice shall be not less than four days nor more 6-0. The meeting adjourned at 8:29 P.M. than twenty days prior to the day fixed for its consideration. At the hearing, any interested /s/ Jeanne F. Schneider CMC person may appear and file objections to the City Clerk proposed plans, specifications, contract, or 1t 3/27 estimated cost of the improvement. th Passed, approved and adopted this 18 day of March, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution and set public hearing for 4/15/02 at a meeting to commence at 6:30 P.M. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 177-02 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, March 18, 2002 137 Approved:__________________________2002 Adopted:___________________________2002 ______________________________________ Mayor ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Council Members Attest: ______________________________________ City Clerk