2002 November Council Proceedings Regular Session, November 4, 2002 439
damage; Dubuque Internal Medicine for property
damage; Carol B. Krieg for vehicle damage; Jim
DUBUQUE
and Kim Paradiso for vehicle damage; Ricky St.
CITY COUNCIL
Claire for vehicle damage, presented and read.
OFFICIAL
Michalski moved that the claims and suits be
PROCEEDINGS
referred to the Legal Staff for investigation and
report. Seconded by Cline. Motion carried 7-0.
City Council, Regular Session, November 4,
Corporation Counsel advising that the
2002
following claims have been referred to Public
Council met in Regular Session at 6:30 P.M. in
Entity Risk Services of Iowa, the agent for the
the Public Library Auditorium.
Iowa Communities Assurance Pool: Evalyne
Aseno for vehicle damage; Carol B. Krieg for
Present: Mayor Duggan, Council Members
vehicle damage, presented and read. Michalski
Buol, Cline, Connors, Markham, Michalski,
moved that the communications be received and
Nicholson, City Manager Michael Van Milligen,
filed and concurred. Seconded by Cline. Motion
Corporation Counsel Barry Lindahl.
carried 7-0.
Invocation was given by Reverend Woody
Corporation Counsel recommending
Allabough, Pastor of the Third Presbyterian
settlement of the claims of Mike Kilcoyne for
Church.
property damage and Karen Colson for property
damage and directing the Finance Director to
Proclamations: Hunger and Homelessness
issue proper payment, presented and read.
Awareness Week (November 17 – 23, 2002)
Michalski moved that the communications be
received by Michelle Brown, Director of the
received and filed and concurred. and Finance
Maria House and Murray Phillips, Director of the
Director to issue proper payment. Seconded by
Dubuque Rescue Mission; Faces and Voices
Cline. Motion carried 7-0.
Month received by Dick Landis, Co-Chair of the
Event; Hospice Month (November, 2002)
Citizen Communication:
received by Carole Carroll; Youth Appreciation
Communication from Garry J. Pape regarding
Month (November, 2002) received by Morning
the denial of his claim against the City for
Optimist President Liz Zumhoff, Noon Optimist
property damage, presented and read.
President Susan Sieverding and Evening
Michalski moved that the communication be
Optimist President Lynn Feltes.
received and filed and referred to the City
Manager. Seconded by Cline. Motion carried 7-
CONSENT ITEMS
0.
Minutes Submitted: Airport Commission of
State Historical Society of Iowa:
10/14; City Council of 10/21; Downtown
Communication from the State Historical Society
Planning Committee of 10/14; Historic
of Iowa advising that the Ziepprecht Block
Preservation Commission of 10/17; Investment
Building and John Bell Block Building have been
Oversight Advisory Commission of 10/23; Long
accepted for nomination to the National Register
Range Planning Advisory Commission of 10/16;
of Historic Places, presented and read.
Mechanical Board of 10/15; Park and Recreation
Michalski moved that the communication be
Commission of 10/8, presented and read.
received and filed. Seconded by Cline. Motion
Michalski moved that the minutes be received
carried 7-0.
and filed. Seconded by Cline. Motion carried 7-
0.
U.S. Department of Housing and Urban
Development: Communication from the U.S.
Proof of publication of Council Proceedings of
Department of Housing and Urban Development
October 7, 2002, presented and read. Michalski
advising that the Consolidated End-of-Year
moved that the proof be received and filed.
Review for the Community Development Block
Seconded by Cline. Motion carried 7-0.
Grant (CDBG) Program Year 2001 was
satisfactory, presented and read. Michalski
Substance Abuse Services Center First
moved that the communication be received and
Quarter Report for Fiscal Year 2003, presented
filed. Seconded by Cline. Motion carried 7-0.
and read. Michalski moved that the
communication be received and filed. Seconded
Dubuque Metropolitan Area Solid Waste
by Cline. Motion carried 7-0.
Agency Waste Delivery Contract: City Manager
recommending approval of a new Dubuque
Notice of Claims/Suits: Evalyne Aseno for
Metropolitan Area Solid Waste Agency waste
vehicle damage; Karen Colson for property
delivery contract retroactive to July 1, 2002,
440 Regular Session, November 4, 2002
th
presented and read. Michalski moved that the Passed, adopted and approved this 4 day
communication be received and filed and November, 2002.
approved the recommendation. Seconded by Terrance M. Duggan, Mayor
Cline. Motion carried 7-0. Attest: Karen M. Chesterman, Deputy City Clerk
Nicholson moved adoption of the Resolution.
Administrative Services Agreement for Benefit Seconded by Cline. Motion carried 7-0.
Consulting Services: City Manager
recommending approval of an Administrative Bunker Hill Sidewalk Installation Project: City
Services Agreement between the City of Manager recommending acceptance of the
Dubuque and Gallagher Byerly, Inc. for benefit Bunker Hill Sidewalk Installation Project as
consulting services related to the City’s self-completed by Winger Construction in the final
funded health plans, presented and read. contract amount of $37,342, presented and
Michalski moved that the communication be read. Michalski moved that the communication
received and filed and approved the be received and filed. Seconded by Cline.
recommendation. Seconded by Cline. Motion Motion carried 7-0.
carried 7-0.
RESOLUTION NO. 587-02
ACCEPTING IMPROVEMENT
Jaeger Heights, No. 2, Phase 3 – Acceptance:
City Manager recommending acceptance of the Whereas, the contract for the Bunker Hill
public improvements in Jaeger Heights No. 2 - Sidewalk Installation Project has been
Phase Three which the developer, Lloyd S. completed and the City Manager has examined
Gudenkauf, has recently completed, presented the work and filed his certificate stating that the
and read. Nicholson moved that the same has been completed according to the
communication be received and filed. Seconded terms of the contract, plans and specifications
by Cline. Motion carried 7-0. and recommends its acceptance.
Attorney Gary Norby, representing Ed NOW THEREFORE, BE IT RESOLVED BY
Tschiggfrie – T Corp., spoke and stated for the THE CITY COUNCIL OF THE CITY OF
record his opposition to this because of the DUBUQUE, IOWA:
deletion of a second access road (Rita Dr.) for Section 1. That the recommendation of the
Mr. Tschiggfrie’s adjacent subdivision. City Manager be approved and that said
Cline requested follow-up as to available improvement be and the same is hereby
emergency vehicle access. accepted.
BE IT FURTHER RESOLVED that the City
RESOLUTION NO. 586-02
Treasurer be and he is hereby directed to pay to
ACCEPTING IMPROVEMENTS IN JAEGER
the contractor from the Capital Improvement for
HEIGHTS SUBDIVISION NO. 2 - PHASE 3
City-Owned Sidewalk in amount equal to the
Whereas, pursuant to Resolution 546-01, amount of his contract, less any retained
certain improvements including street paving, percentage provided for therein.
th
storm sewer, sanitary sewer, watermain, and Passed, approved and adopted this 4 day of
street lighting were installed by the developer of November, 2002.
Jaeger Heights Subdivision No. 2 – Phase 3; Terrance M. Duggan, Mayor
and Attest: Karen M. Chesterman, Deputy City Clerk
Whereas, the improvements have been Michalski moved adoption of the Resolution.
completed and the City Manager has examined Seconded by Cline. Motion carried 7-0.
the work and has filed a certificate stating that
RESOLUTION NO. 588-02
the same has been completed in accordance
FINAL ESTIMATE
with the plans approved by the City Council and
in conformance with City specifications, and has Whereas, the contract for the Bunker Hill
recommended that the improvements be Sidewalk Installation Project has been
accepted by the City Council. completed and the City Engineer has submitted
NOW THEREFORE, BE IT RESOLVED BY his final estimate showing the cost thereof
THE CITY COUNCIL OF THE CITY OF including the cost of estimates, notices and
DUBUQUE, IOWA: inspection and all miscellaneous costs.
Section 1. That the recommendation of the NOW THEREFORE, BE IT RESOLVED BY
City Manager be approved and that said THE CITY COUNCIL OF THE CITY OF
improvements in Jaeger Heights Subdivision No. DUBUQUE, IOWA:
2 – Phase 3 and the same is hereby accepted. Section 1. That the cost of said improvement
Section 2. That maintenance of said is hereby determined to be $38,246.30 and the
improvements shall be the responsibility of the said amount shall be paid from the Capital
contractor and the owner for a period of two Improvement for City-Owned Sidewalk of the
years from this date. City of Dubuque, Iowa.
Regular Session, November 4, 2002 441
th
Passed, approved and adopted this 4 day of Whereas, some of the property owners
November, 2002. requested additional funds for temporary shoring
Terrance M. Duggan, Mayor of the buildings on Main Street; and
Attest: Karen M. Chesterman, Deputy City Clerk Whereas, the City Council amended the Loan
Michalski moved adoption of the Resolution. Agreements on March 4, 2002 for such purpose
Seconded by Cline. Motion carried 7-0. as appropriate; and
Whereas, the City Council has determined that
Dubuque County Historical Society: City a second amendment to the Loan Agreements
Manager recommending approval of a request for the purpose of extending the time frame for
from the Dubuque County Historical Society to providing temporary shoring loan funds is
use a portion of the City’s historic granite pavers appropriate.
for the Depot Restoration Project, presented and NOW, THEREFORE, BE IT RESOLVED BY
read. Michalski moved that the communication THE CITY COUNCIL OF THE CITY OF
be received and filed and approved the DUBUQUE, IOWA:
recommendation. Seconded by Cline. Motion Section 1. That the Downtown Rehabilitation
carried 7-0. Loan Agreements for Guy Gard (356 Main
Street) and Ellen Willis (372 Main Street) may
Quarterly Investment Report: City Manager be amended to include the costs of temporary
transmitting the September 30, 2002 Quarterly shoring of their buildings.
Investment Report, presented and read. Section 2. That the City Manager is hereby
Michalski moved that the communication and authorized to execute, on behalf of the City of
report be received and filed. Seconded by Dubuque, Iowa, all necessary loan documents
Cline. Motion carried 7-0. and is further authorized to disburse additional
loan funds from the Downtown Rehabilitation
Request for Proposal – Parking Enforcement Loan Program, in accordance with the terms and
Software: City Manager recommending approval conditions of the executed amended loan
of a Request for Proposals to solicit qualified documents.
vendors to provide replacement Parking Passed, approved and adopted this 4th day of
Enforcement Software, presented and read. November, 2002.
Michalski moved that the communication be Terrance M. Duggan, Mayor
received and filed and approved the Attest: Karen M. Chesterman, Deputy City Clerk
recommendation. Seconded by Cline. Motion Michalski moved adoption of the Resolution.
carried 7-0. Seconded by Cline. Motion carried 7-0.
Downtown Rehab Loan Agreement: City Railroad Utility Easement: City Manager
Manager recommending approval of a second recommending approval of a utility easement
amendment to the Downtown Rehabilitation with the Chicago, Central and Pacific Railroad
Loan Agreements for Guy Gard (356 Main Company for construction of the 16-inch water
Street) and Ellen Willis (372 Main Street) to main along the Northwest Arterial under the
extend the timeframe to allow additional loans railroad tracks, presented and read. Michalski
for the cost of temporary shoring of their moved that the communication be received and
buildings until May 1, 2003, presented and read. filed. Seconded by Cline. Motion carried 7-0.
Michalski moved that the communication be
RESOLUTION NO. 590-02
received and filed. Seconded by Cline. Motion
APPROVING A COOPERATIVE EASEMENT
carried 7-0.
AGREEMENT BETWEEN THE CITY OF
RESOLUTION NO. 589-02 DUBUQUE AND THE CHICAGO, CENTRAL
APPROVING A SECOND AMENDMENT TO AND PACIFIC RAILROAD COMPANY.
THE DOWNTOWN REHABILITATION LOAN
Whereas, the City of Dubuque has requested
AGREEMENTS FOR GUY GARD (356 Main
that the Chicago, Central and Pacific Railroad
Street) AND ELLEN WILLIS (372 Main Street).
Company grant to the City an easement for the
Whereas, the City Council of the City of construction of a pipeline under railroad tracks
Dubuque, Iowa, has created a Downtown located at mile post W 190 + 4,953 feet along
Rehabilitation Loan Program for the purpose of Highway 32 in Dubuque, Iowa; and
stimulating reinvestment in the Downtown Whereas, the City of Dubuque and the
Dubuque Urban Renewal District; and Chicago, Central and Pacific Railroad Company
Whereas, the City Council amended this loan desire to enter into the Cooperative Easement
program on March 19, 2001, to assist business Agreement, a copy of which is attached hereto,
and property owners effected by construction of which sets out the rights and responsibilities of
the Third Street Parking Ramp with operating the parties.
expenses for their businesses; and
442 Regular Session, November 4, 2002
RESOLUTION NO. 592-02
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF Whereas, applications for Liquor Licenses
DUBUQUE, IOWA: have been submitted to this Council for approval
Section 1. The Cooperative Easement and the same have been examined and
Agreement between the City of Dubuque and approved; and
the Chicago, Central and Pacific Railroad Whereas, the premises to be occupied by such
Company attached hereto is hereby approved. applicants were inspected and found to comply
Section 2. The Mayor is hereby authorized with the State Laws and all City Ordinances
and directed to execute two copies of the relevant thereto and they have filed proper
Cooperative Easement Agreement. bonds.
th
Passed, approved and adopted this 4 day of NOW, THEREFORE, BE IT RESOLVED BY
November, 2002. THE CITY COUNCIL OF THE CITY OF
Terrance M. Duggan, Mayor DUBUQUE, IOWA:
Attest: Karen M. Chesterman, Deputy City Clerk That the Manager be authorized to cause to be
Michalski moved adoption of the Resolution. issued the following named applicants a Liquor
Seconded by Cline. Motion carried 7-0. License.
CLASS “C” BEER/LIQUOR LICENSE
Iowa League of Cities: Communication from Sun’s Corp Yen Ching Restaurant
the Iowa League of Cities requesting that City 926 Main St
Manager Michael C. Van Milligen serve on the Carlos O’Kelly’s Inc. Carlos O’Kelly’s Mexican
League’s Policy Committee, presented and Rest.+ (Sunday Sale) 1355 Associates Dr
read. Nicholson stated that this is a great honor Carolyn K. Fonck Channel Inn Restaurant
for the Manager, Council and citizens that Mr. 2010 ½ Kerper Blvd
Van Milligen serve on this Committee. Ground Round, Inc. Ground Round+
Nicholson moved that the communication be (Sunday Sale) 50 JFK Rd
received and filed. Seconded by Cline. Motion T & M Inc. Mario’s Italian Rest.+
carried 7-0. (Sunday Sale) 1298 Main St
Europa Haus Europa Haus Restaurant
Business Licenses: & Bierstube 1301 Rhomberg Ave
th
Passed, approved and adopted this 4 day of
RESOLUTION NO. 591-02
November, 2002.
Whereas, applications for Beer Permits have Terrance M. Duggan, Mayor
been submitted and filed to this Council for Attest: Karen M. Chesterman, Deputy City Clerk
approval and the same have been examined Michalski moved adoption of the Resolution.
and approved: and Seconded by Cline. Motion carried 7-0.
Whereas, the premises to be occupied by
such applicants were inspected and found to ITEMS TO BE SET FOR PUBLIC HEARING
comply with the Ordinances of the City and have
filed proper bonds. Tax Increment Financing: Town Clock Building
NOW, THEREFORE, BE IT RESOLVED BY Company / Cottingham & Butler: City Manager
THE CITY COUNCIL OF THE CITY OF recommending that a public hearing be set for
DUBUQUE, IOWA: November 18, 2002 to consider the Town Clock
That the Manager be authorized to cause to be Building Company / Cottingham & Butler’s
issued the following named applicants a Beer application for property tax rebates for historic
Permit. properties, presented and read. Michalski
CLASS “B” BEER PERMIT moved that the communication be received and
J & P O’Hara Inc Happy Joe’s + filed. Seconded by Markham. Motion carried 7-
(Sunday Sale) 855 Century Dr 0.
CLASS “C” BEER PERMIT
RESOLUTION NO. 593-02
Molo Oil Company Big 10 Mart Car Wash+
FIXING THE DATE FOR A PUBLIC HEARING
(Sunday Sale) 1875 JFK Rd
ON THE ISSUANCE OF URBAN RENEWAL
Kwik Trip, Inc. Tobacco Outlet Plus # 564+
nd
TAX INCREMENT REVENUE OBLIGATIONS
(Sunday Sale) 66 W. 32 St
th
AND A PROPERTY TAX REBATE AGREE-
Passed, approved and adopted this 4 day of
MENT RELATING THERETO WITH TOWN
November, 2002.
CLOCK BUILDING COMPANY / COTTING-
Terrance M. Duggan, Mayor
HAM & BUTLER AND PROVIDING FOR
Attest: Karen M. Chesterman, Deputy City Clerk
PUBLICATION OF NOTICE THEREOF.
Michalski moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0. Whereas, it is deemed necessary and
advisable that the City of Dubuque, Iowa, should
issue Urban Renewal Tax Increment Revenue
obligations, as authorized by Chapter 403 of the
Regular Session, November 4, 2002 443
Code of Iowa
, and enter into a Property Tax prescribed by law. Seconded by Cline. Motion
Rebate Agreement relating thereto with Town carried 7-0.
Clock Building Company / Cottingham & Butler,
for the purpose of carrying out a project as Proposed Land Use Map Amendment: Long
hereinafter described; and Range Planning Advisory Commission
Whereas, before said obligation may be recommending approval of a land use map
Code of Iowa
approved, Section 403.9 of the amendment for a proposed thirty-acre
th
requires that the City Clerk publish a notice of commercial development at 16 and Sycamore
such proposed action and of the time and place Streets, presented and read. Michalski moved
of the meeting at which the City Council that the communication be received and filed
proposes to take action thereon and to receive and a Public Hearing be set for 11/18/02 at a
oral and/or written objections from any resident meeting to commence at 6:30 P.M. in the public
or property owner of said City to such action. library auditorium and that the City Clerk publish
NOW THEREFORE, BE IT RESOLVED BY notice in the manner prescribed by law.
THE CITY COUNCIL OF THE CITY OF Seconded by Cline. Motion carried 7-0.
DUBUQUE, IOWA:
Section 1. That the City Council meet in the BOARDS/COMMISSIONS
Auditorium of the Carnegie-Stout Public Library
in Dubuque, Iowa, at 6:30 p.m. on the 18th day Applicants are invited to address the Council
of November, 2002, for the purpose of taking regarding their desire to serve on the following
action on the matter of the issuance of Urban Board: Plumbing Board (One unexpired 3-year
Renewal Tax Increment Revenue obligations term to expire 11/2/04 and two 3-year terms to
and the approved of a Property Tax Rebate expire 11/2/05 – Terms of Gonner and
Agreement relating thereto with Town Clock Willenborg). Applicants:Stanley Gonner and
Building Company / Cottingham & Butler, the Harlan Willenborg. No one spoke.
proceeds of which will be used to carry out
certain of the special financing activities PUBLIC HEARINGS
described in the Urban Renewal Plan for the
DowntownUrban Renewal District, including the Buol moved that the rules be suspended to
funding of property tax rebates for the allow anyone present to speak. Seconded by
rehabilitation of historic structures to said Markham. Motion carried 7-0.
developer pursuant to a Property Tax Rebate
Agreement entered into with Town Clock ARC Urban Revitalization Plan: Proof of
Building Company/Cottingham & Butler under publication on notice of hearing to consider a
the terms and conditions of said Urban Renewal request from Area Residential Care to create a
Plan. It is expected that the aggregate amount of new urban revitalization district and City
the Tax Increment Revenue obligations will be Manager recommending that the district not be
$93,850 but that amount may vary due to created, communication from the Long Range
Property Tax Rebate increases and tax rate Planning Advisory Commission regarding the
adjustments. ARC Urban Revitalization Plan, presented and
Section 2. That the Clerk is hereby directed to read. Buol moved that the proof and
cause at least one publication to be made of a communication be received and filed. Seconded
notice of said meeting, in a legal newspaper, by Cline. Carried by the following vote: Yeas—
printed wholly in the English language, Markham, Buol, Connors, Duggan. Nays—
published at least once weekly, and having Michalski, Nicholson, Cline.
general circulation in said City. Said publication Jon Romaine, 3135 Westmore, representing
to be not less than four clear days nor more than Area Residential Care, spoke explaining the
twenty days before the date of said public need for this project and requested approval as
hearing on the issuance of said obligations. this lot is more accessible than a couple of other
Section 3. That the notice of the proposed lots they investigated.
action to issue said obligations shall be in Bob Burns, of Burns and Burns and co-
substantially the form attached hereto. developer of this project, spoke stating that the
Passed, approved and adopted this 4th day of Iowa Code gives great flexibility concerning the
November, 2002. criteria for Urban Revitalization Districts.
Terrance M. Duggan, Mayor Council discussed specifics of the criteria for
Attest: Karen M. Chesterman, Deputy City Clerk this designation, the specific area, and the
Michalski moved adoption of the Resolution needs of the proposed residents.
and set the date of the Public Hearing to be An Ordinance establishing the ARC Urban
11/18/02 at a meeting to commence at 6:30 Revitalization Area as an Urban Revitalization
P.M. in the Public Library Auditorium and that Area pursuant to Chapter 404 of the Code of
the City Clerk publish notice in the manner Iowa, presented and read. Buol moved that the
requirement that a proposed Ordinance be
444 Regular Session, November 4, 2002
considered and voted on for passage at two Street and continue west behind buildings facing
Council Meetings prior to the meeting at which it Langworthy Street then at 1170 Langworthy
is to be finally passed be suspended and further Street turn south to Solon Street, turn west on
moved final consideration and passage of the Solon Street turn north to continue behind
Ordinance. Seconded by Cline. Vote on the buildings facing Alpine Street and north through
motion was as follows: Yeas—Markham, Buol, the alleyway between Nevada Street and Alpine
Connors, Duggan. Nays—Michalski, Nicholson, Street to the starting point all in the City of
Cline. Motion failed due to lack of ¾ vote. Dubuque, Iowa.
Buol moved that this be considered the first Section 2. That the Old Main Urban
reading of the Ordinance. Seconded by Revitalization Area hereinafter described shall
Markham. Carried by the following vote: Yeas—hereafter be designated an urban revitalization
Markham, Buol, Connors, Duggan. Nays—area pursuant to Chapter 404 of the Code of
Michalski, Nicholson, Cline. Iowa 2001, to wit:
Beginning at the corner of First Street and the
Old Main, Cathedral and Langworthy Urban alley between Iowa Street and Main Street,
Revitalization Plans: Proof of publication on continuing southwest along First Street to the
notice of hearing to consider designating the Old alley between Main Street and Locust Street,
Main, Cathedral, and Langworthy Historic northwest to the corner of Fourth Street and
Districts as Urban Revitalization Districts and Main Street (400 block), southwest to the corner
City Manager recommending approval and of Fourth Street and Main Street (300 block),
communication from the Long Range Planning northeast on Fourth Street and including
Advisory Commission regarding the Old Main, buildings facing Main Street, continue south
Langworthy and Cathedral Urban Revitalization (inclusion of all buildings facing Main Street) to
Districts, presented and read. Buol moved that the corner of First Street and the alley between
the proof and communication be received and Iowa Street and Main Street, all in the City of
filed. Seconded by Nicholson. Motion carried 7-Dubuque, Iowa.
0. Section 3. That the Cathedral Urban
Revitalization Area hereinafter described shall
An Ordinance Establishing the Langworthy hereafter be designated an urban revitalization
Urban Revitalization Area, Old Main Urban area pursuant to Chapter 404 of the Code of
Revitalization Area, and Cathedral Urban Iowa 2001, to wit:
Revitalization Area as Urban Revitalization Beginning at the corner of Locust Street and
Areas pursuant to Chapter 404 of the Code of Jones Street continuing westward along Jones
Iowa, presented and read. Street to Bluff Street, westward on Emmett
‘ Street to the corner of St. Mary’s Street, north
along St. Mary’s Street to the corner of Third
OFFICIAL PUBLICATION
Street, east along Third Street to the corner of
ORDINANCE NO. 87-02
Bluff Street, north along Bluff Street to the
AN ORDINANCE ESTABLISHING THE
corner of Fourth Street, west along Fourth Street
LANGWORTHY URBAN REVITALIZATION
until its end, from the corner of Bluff Street and
AREA, OLD MAIN URBAN REVITALIZATION
Fourth Street continue north to the corner of
AREA, AND CATHEDRAL URBAN REVITALI-
Fifth Street and continue west for one block,
ZATION AREA AS URBAN REVITALIZATION
from the corner of Bluff Street and Fifth Street
AREAS PURSUANT TO CHAPTER 404 OF
continue north along Bluff Street until 759 Bluff
THE CODE OF IOWA.
Street, including only the westward side of the
NOW, THEREFORE, BE IT RESOLVED BY
700 block, continue south to Seventh Street,
THE CITY COUNCIL OF THE CITY OF
continue east along Seventh Street to the corner
DUBUQUE, IOWA:
of Locust Street, south on Locust Street to the
Section 1. That the Langworthy Revitalization
corner of Third Street, continue west on Third
Area hereinafter described shall hereafter be
Street until the alleyway between Locust Street
designated an urban revitalization area pursuant
and Bluff Street, continue south on the alleyway
to Chapter 404 of the Code of Iowa 2001, to wit:
until reaching the alleyway between First Street
Beginning at the northeast corner of Nevada
rd
and Jones Street, continue along this alleyway
Street and 3 Street, continue north until 394
until reaching Locust Street and continue south
Nevada, exclude 394 Nevada and all buildings
th
to the corner of Locust Street and Jones Street,
facing Nevada and continue north to 5 Street,
in the City of Dubuque, Iowa.
turn east and include 490 Nevada and continue
Section 2. That the Langworthy Revitalization
south, continue behind the buildings facing
Plan, the Old Main Urban Revitalization Plan
Melrose Terrace to Paulina Street, follow
and the Cathedral Urban Revitalization Plan as
Paulina Street south then continue south on
rd
hereto attached are hereby adopted and
Winona Street, turn left on 3 Street to the
approved and the properties within said
corner of Hill Street, continue south on Hill
Regular Session, November 4, 2002 445
described areas shall be subject to the accordance with Chapter 403 of the Code of
provisions of said Plans. Iowa with no written objections or recommended
Section 3. That said Langworthy Revitalization changes to the Plan received; and
Plan, the Old Main Urban Revitalization Plan Whereas, the City Council, in accordance with
and the Cathedral Urban Revitalization Plan Chapter 403 of the Code of Iowa, has held a
shall hereafter be on file in the City Clerk’s public hearing on the proposed Plan after public
Office, City Hall, Dubuque, Iowa. notice thereof.
th
Passed, approved and adopted this 4 day of NOW, THEREFORE, BE IT RESOLVED BY
November 2002. THE CITY COUNCIL OF THE CITY OF
Terrance M. Duggan, Mayor DUBUQUE, IOWA:
Attest: Karen M. Chesterman, Deputy City Clerk Section 1. That the Urban Renewal Plan for
Published officially in the Telegraph Herald the Quebecor Economic Development District,
th
newspaper this 6 day of December, 2002. attached hereto and made reference to herein,
Jeanne F. Schneider, City Clerk be approved.
1t 12/6 Section 2. That the City Clerk of the City of
Buol moved that the requirement that a Dubuque, Iowa is hereby authorized and
proposed Ordinance be considered and voted directed to file a certified copy of the Resolution
on for passage at two Council Meetings prior to in the office of the Dubuque County Recorder.
th
the meeting at which it is to be finally passed be Passed, approved and adopted this 4 day of
suspended and further moved final November, 2002.
consideration and passage of the Ordinance. Terrance M. Duggan, Mayor
Seconded by Nicholson. Motion carried 7-0. Attest: Karen M. Chesterman, Deputy City Clerk
Markham moved adoption of the Resolution.
Quebecor Economic Development District: Seconded by Buol. Motion carried 7-0.
Proof of publication on notice of hearing to
consider the creation of the Quebecor Economic An Ordinance Providing that general property
Development District and City Manager taxes levied and collected each year on all
recommending approval of the Urban Renewal property located within the Quebecor Economic
Plan and adoption of an ordinance establishing Development District, in the City of Dubuque,
a tax increment financing district for the County of Dubuque, State of Iowa, by and for
Quebecor Economic Development District, the benefit of the State of Iowa, City of Dubuque,
which will allow the use of tax increment County of Dubuque, Dubuque Community
financing as an economic development financing School District and other taxing districts, be paid
tool in the new district and communication from to a special fund for payment of principal and
the Long Range Planning Advisory Commission interest on loans, monies advanced to and
regarding the Quebecor Urban Renewal District, indebtedness, including bonds issued or to be
presented and read. Markham moved that the issued, incurred by said City in connection with
proof and communication be received and filed. said Urban Renewal Redevelopment Plan,
Seconded by Buol. Motion carried 7-0. presented and read.
RESOLUTION NO. 594-02 OFFICIAL PUBLICATION
A RESOLUTION APPROVING THE URBAN ORDINANCE NO. 88-02
RENEWAL PLAN FOR THE QUEBECOR AN ORDINANCE PROVIDING THAT
ECONOMIC DEVELOPMENT DISTRICT.GENERAL PROPERTY TAXES LEVIED AND
COLLECTED EACH YEAR ON ALL
Whereas, on September 16, 2002, the City
PROPERTY LOCATED WITHIN THE
Council of the City of Dubuque, Iowa authorized
QUEBECOR ECONOMIC DEVELOPMENT
the preparation of an Urban Renewal Plan (the
DISTRICT, IN THE CITY OF DUBUQUE,
"Plan") for the Quebecor Economic
COUNTY OF DUBUQUE, STATE OF IOWA,
Development District (the "District"); and
BY AND FOR THE BENEFIT OF THE STATE
Whereas, the City of Dubuque's primary
OF IOWA, CITY OF DUBUQUE, COUNTY OF
objective in approving this Plan is to provide
DUBUQUE, DUBUQUE COMMUNITY
opportunities for further redevelopment and
SCHOOL DISTRICT AND OTHER TAXING
reinvestment in the community; and
DISTRICTS, BE PAID TO A SPECIAL FUND
Whereas, the Long Range Planning
FOR PAYMENT OF PRINCIPAL AND
Commission has reviewed the proposed Plan
INTEREST ON LOANS, MONIES ADVANCED
and has found that said document is consistent
TO AND INDEBTEDNESS, INCLUDING
with the Comprehensive Plan for the
BONDS ISSUED OR TO BE ISSUED,
development of the City of Dubuque as a whole
INCURRED BY SAID CITY IN CONNECTION
and has transmitted its findings to the City
WITH SAID URBAN RENEWAL REDEVEL-
Council; and
OPMENT PROJECT.
Whereas, a consultation process has been
undertaken with affected taxing entities in
446 Regular Session, November 4, 2002
WHEREAS, the City Council of the City of be allocated to and when collected be paid into
Dubuque, Iowa, after public notice and hearing a special tax increment fund of the City of
as prescribed by law and pursuant to Resolution Dubuque, Iowa hereby established, to pay the
No.594-02 passed and approved on the 4th day principal of and interest on loans, monies
of November, 2002, adopted an Urban Renewal advanced to, indebtedness, whether funded,
Plan (the "Urban Renewal Plan") for an urban refunded, assumed or otherwise, including
renewal area known as the Quebecor Economic bonds or obligations issued under the authority
Development District (the "Urban Renewal of Section 403.9 or 403.12 of the Code of Iowa,
Project Area"), which Urban Renewal Project as amended, incurred by the City of Dubuque,
Area includes the lots and parcels located within Iowa, to finance or refinance, in whole or in part,
the area legally described as follows: urban renewal projects undertaken within the
Lot 1 of Lot 1 of Lot 1 of Block 5 and Lot 1 of Lot Urban Renewal Project Area pursuant to the
2 of Lot 1 of Block 5 of River Front Subdivision Urban Renewal Plan, except that taxes for the
No. 3 and Lot 1 of Lot 2 of Block 1 of River Front payment of bonds and interest of each taxing
Subdivision No. 5, all in the City of Dubuque, district shall be collected against all taxable
Dubuque County, Iowa and any adjoining public property within the Urban Renewal Project Area
right-of-way without any limitation as hereinabove provided.
WHEREAS, expenditures and indebtedness Section 4. Unless or until the total assessed
are anticipated to be incurred by the City of valuation of the taxable property in the Urban
Dubuque, Iowa in the future to finance urban Renewal Project Area exceeds the total
renewal project activities carried out in assessed value of the taxable property in the
furtherance of the objectives of the Urban Urban Renewal Project Area as shown by the
Renewal Plan; and assessment roll referred to in Section 2 of this
WHEREAS, the City Council of the City of Ordinance, all of the taxes levied and collected
Dubuque, Iowa desires to provide for the upon the taxable property in the Urban Renewal
division of revenue from taxation in the Urban Project Area shall be paid into the funds for the
Renewal Project Area, as above described, in respective taxing districts as taxes by or for said
accordance with the provisions of Section taxing districts in the same manner as all other
403.19 of the Code of Iowa, as amended. property taxes.
NOW, THEREFORE, BE IT ORDAINED BY Section 5. At such time as the loans,
THE CITY COUNCIL OF THE CITY OF advances, indebtedness, bonds and interest
DUBUQUE, IOWA: thereon of the City of Dubuque, Iowa referred to
Section 1. That the taxes levied on the taxable in Section 3 hereof have been paid, all monies
property in the Urban Renewal Project Area thereafter received from taxes upon the taxable
legally described in the preamble hereof, by and property in the Urban Renewal Project Area
for the benefit of the State of Iowa, City of shall be paid into the funds for the respective
Dubuque, County of Dubuque, Dubuque taxing districts in the same manner as taxes on
Community School District, and all other taxing all other property.
districts from and after the effective date of this Section 6. All ordinances or parts of
Ordinance shall be divided as hereinafter in this ordinances in conflict with the provisions of this
Ordinance provided. Ordinance are hereby repealed. The provisions
Section 2. That portion of the taxes which of this Ordinance are intended and shall be
would be produced by the rate at which the tax construed so as to fully implement the provisions
is levied each year by or for each of the taxing of Section 403.19 of the Code of Iowa, as
districts upon the total sum of the assessed amended, with respect to the division of taxes
value of the taxable property in the Urban from property within the Urban Renewal Project
Renewal Project Area, as shown on the Area as described above. In the event that any
assessment roll as of January 1 of the calendar provision of this Ordinance shall be determined
year preceding the first calendar year in which to be contrary to law, it shall not affect other
the City of Dubuque certifies to the County provisions or application of this Ordinance which
Auditor the amount of loans, advances, shall at all times be construed to fully invoke the
indebtedness, or bonds payable from the provisions of Section 403.19 of the Code of Iowa
division of property tax revenue described herein with reference to the Urban Renewal Project
(which certification is directed to be made during Area and the territory contained therein.
the 2002 calendar year), shall be allocated to Section 7. This Ordinance shall be in effect
and when collected be paid into the fund for the after its final passage, approval and publication
respective taxing district as taxes by or for the as provided by law.
taxing district into which all other property taxes Terrance M. Duggan, Mayor
are paid. Attest: Karen M. Chesterman, Deputy City Clerk
Section 3. That portion of the taxes each year Published officially in the Telegraph Herald
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in excess of the base period taxes determined newspaper this 11 day of November, 2002.
as provided in Section 2 of this Ordinance shall Jeanne F. Schneider, City Clerk
Regular Session, November 4, 2002 447
1t 11/11 the furnishings of all labor and materials and
Markham moved that the requirement that a performing the work as provided for in the plans
proposed Ordinance be considered and voted and specifications.
on for passage at two Council Meetings prior to NOW THEREFORE, BE IT RESOLVED BY
the meeting at which it is to be finally passed be THE CITY COUNCIL OF THE CITY OF
suspended and further moved final DUBUQUE, IOWA:
consideration and passage of the Ordinance. That the contract for the above improvement
Seconded by Buol. Motion carried 7-0. be awarded to Drew Cook & Sons Excavating,
Inc. and the Manager be and is hereby directed
Concrete Repairs on Kerper Boulevard and to execute a contract on behalf of the City of
North Grandview: Proofs of publication on notice Dubuque for the complete performance of the
of hearing on plans and specifications and work.
notice to bidders on the receipt of bids and City BE IT FURTHER RESOLVED:
Manager recommending award of the contract That upon the signing of said contract and the
for the Concrete Repairs on Kerper Boulevard approval of the contractor’s bond, the City
and North Grandview Project to Drew Cook and Treasurer is authorized and instructed to return
Sons Excavating, Inc., in the amount of the bid deposits of the unsuccessful bidders.
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$68,120.00, presented and read. Cline moved Passed, approved and adopted this 4 day of
that the proofs and communication be received November, 2002.
and filed. Seconded by Connors. Motion Terrance M. Duggan, Mayor
carried 7-0. Attest: Karen M. Chesterman, Deputy City Clerk
Cline moved adoption of the Resolution.
RESOLUTION NO. 595-02
Seconded by Connors. Motion carried 7-0.
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Buol moved to reinstate the rules limiting
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Whereas, on the 18 day of October, 2002, discussion to the Council. Seconded by
plans, specifications, form of contract and Nicholson. Motion carried 7-0.
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Concrete Repair Project Bond Sale: City Manager advising that sale of
on Kerper Boulevard and North Grandview. $3,105,000 General Obligation Bonds, Series
Whereas, notice of hearing on plans, 2002C is scheduled for Monday, November 4,
specifications, form of contract, and estimated 2002 at 11:00 a.m., presented and read. Buol
cost was published as required by law. moved that the communication be received and
NOW THEREFORE, BE IT RESOLVED BY filed. Seconded by Markham. Motion carried 7-
THE CITY COUNCIL OF THE CITY OF 0.
DUBUQUE, IOWA: Finance Director Ken TeKippe explained the
That the said plans, specifications, form of proposed sale and introduced Mr. David Dirks of
contract and estimated cost are hereby Evenson Dodge who reviewed the specifics.
approved as the plans, specifications, form of
RESOLUTION NO. 597-02
contract and estimated cost for said
RESOLUTION DIRECTING SALE OF
improvements for said project.
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$3,105,000 GENERAL OBLIGATION BONDS,
Passed, adopted and approved this 4 day of
SERIES 2002C
November, 2002.
Terrance M. Duggan, Mayor WHEREAS, pursuant to notice as required by
Attest: Karen M. Chesterman, Deputy City Clerk law, bids have been received at public sale for
Cline moved adoption of the Resolution. the Bonds described as follows and the best bid
Seconded by Connors. Motion carried 7-0. received is determined to be the following:
$3,105,000 GENERAL OBLIGATION BONDS,
RESOLUTION NO. 596-02
SERIES 2002C:
AWARDING CONTRACT
Bidder: US Bancorp Piper Jaffrey of
Whereas, sealed proposals have been Minneapolis, MN
submitted by contractors for the Concrete the terms of said bid being:
Repairs Project on Kerper Boulevard and North Purchase Price: $3,103,851.15
Grandview pursuant to Resolution No. 538-02 Net Interest Rate: 3.8187%
and notice to bidders published in a newspaper Net Interest Cost $779,310.16
published in the City of Dubuque, Iowa on the NOW, THEREFORE, BE IT RESOLVED BY
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11 day of October, 2002. THE CITY COUNCIL OF THE CITY OF
Whereas, said sealed proposals were opened DUBUQUE, IOWA:
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and read on the 24 day of October, 2002, and it Section 1. That the bid for the bonds as above
has been determined that the bid of Drew Cook set out is hereby determined to be the best and
& Sons Excavating, Inc. of Dubuque, Iowa, in most favorable bid received and, said bonds are
the amount of $68,120.00 was the lowest bid for hereby awarded based on said bid.
448 Regular Session, November 4, 2002
Section 2. That the statement of information on the redeemed Bonds to the date of
for bond bidders and the form of contract for the redemption.
sale of said bonds are hereby approved and the Section 4. That the form of such notice be
Mayor and Clerk are authorized to execute the substantially as follows:
same on behalf of the City. NOTICE OF THE CALL OF BONDS FOR
Section 3. That the notice of the sale of the REDEMPTION
bonds heretofore given and all acts of the Clerk TO THE HOLDERS OF THE FOLLOWING
and Finance Director done in furtherance of the DESCRIBED BONDS:
sale of said bonds are hereby ratified and Please take notice that the Bonds described
approved. below have been called for redemption. Owners
PASSED AND APPROVED, this 4th day of of the Bonds should present their Bonds for
November, 2002. payment on the Redemption Date.
Terrance M. Duggan, Mayor Issuer: City of Dubuque, Iowa
Attest: Karen M. Chesterman, Deputy City Clerk Original Issue Amount: $3,100,000
Buol moved adoption of the Resolution. Bond Issue: General Obligation Bonds, Series
Seconded by Markham. Motion carried 7-0. 1994
Dated Date: May 1, 1994
RESOLUTION NO. 598-02
Redemption Date: January 1, 2003
RESOLUTION AUTHORIZING THE REDEMP-
Redemption Price: Par, plus accrued interest
TION OF OUTSTANDING GENERAL
Bonds Called for Redemption
OBLIGATION BONDS, SERIES 1994, OF THE
CUSIP Principal Interest Maturity
CITY OF DUBUQUE, IOWA, DATED MAY 1,
Numbers* Amount Rate Date
1994, AND DIRECTING NOTICE OF
263867 MT7 $315,000 5.125% May 1, 2003
REDEMPTION TO BE GIVEN
263867 MU4 280,000 5.125 May 1, 2004
No representation is made as to the accuracy
WHEREAS, the City has heretofore, by *
of the CUSIP numbers printed herein or on the
Resolution No. 135-94, approved on April 18,
Bonds.
1994, authorized the issuance of $3,100,000
General Obligation Bonds, Series 1994, dated The above Bonds should be presented to the
May 1, 1994 (the "Bonds"); and Registrar, Wells Fargo Bank Iowa, National
WHEREAS, principal of the Bonds maturing Association, 666 Walnut Street, Des Moines,
after May 1, 2001 may be called for redemption Iowa 50309, telephone (515/245-8504). This
and paid before maturity on said date or any represents a full call of the outstanding
date thereafter, from any funds regardless of obligations. All interest on the Bonds being so
source, in whole or from time to time in part, redeemed will cease to accrue on the
upon giving notice in the manner provided in the Redemption Date.
foregoing Resolution authorizing the issuance of Wells Fargo Bank Iowa, National Association,
the Bonds; and Registrar
WHEREAS, it is deemed necessary and (End of Notice)
advisable that the Bonds be so redeemed and Passed and approved this 4th day of
notice of redemption be given. November , 2002.
NOW, THEREFORE, BE IT RESOLVED BY Terrance M. Duggan, Mayor
THE CITY COUNCIL OF THE CITY OF Attest: Karen M. Chesterman, Deputy City Clerk
DUBUQUE, IOWA: Buol moved adoption of the Resolution.
Section 1. That the outstanding General Seconded by Markham. Motion carried 7-0.
Obligation Bonds, Series 1994, dated May 1,
1994, in the principal amount of $595,000, be Flat Iron Park Pedestrian Bridge:
and the same are hereby redeemed as of Communication from the Sisters of Mercy of the
January 1, 2003. Americas requesting that the pedestrian bridge
Section 2. The Registrar and Paying Agent for to Flat Iron Park be dedicated to the memory of
the Bonds, Wells Fargo Bank Iowa, National Sr. Mary Martensen and communication from
Association, is hereby authorized and directed to Joellen McCarthy, BVM, expressing support for
cause notice of such redemption to be given not the name of Sister Mary Martensen, RSM, being
less than thirty (30) days prior to the redemption used to designate the pedestrian bridge to Flat
date by registered mail to the registered owners Iron Park, presented and read. Michalski moved
of the Bonds. that the communications be received and filed
Section 3. The Finance Director is hereby and that the request be approved. Seconded by
authorized and directed to cause to be Connors. Motion carried 7-0.
deposited with the Registrar and Paying Agent,
from the proceeds of the General Obligation Stormwater Management: Reconsideration of
Bonds, Series 2002C, dated December 1, 2002, the selection of MSA Professional Services as
a sum sufficient to pay all principal and interest the Engineering Consulting Firm to conduct a
Regular Session, November 4, 2002 449
RESOLUTION NO. 599-02
second study of the Bee Branch Draining Basin,
A RESOLUTION OF SUPPORT FOR THE
presented and read.
DEVELOPMENT OF AN AFFORDABLE
Petitions with 111 signatures submitted by
HOUSING PROJECT AT KENNEDY CIRCLE
Wayne Klosterman requesting the Council to
restudy the Bee Branch, and to retain MSA WHEREAS, the City of Dubuque, Iowa has
Professional Services, to explore cost effective been informed by the Area Residential Care
alternatives to the Open Channel Concept to Foundation that a low income housing tax credit
control the drainage problems in the North End application will be filed with the Iowa Finance
of the City of Dubuque, presented and read. Authority for the development of affordable
Council discussed the issue at length, rental housing to be located at Kennedy Circle in
questioning the need for year long hearings, Dubuque, Iowa with a legal description as
impacts of projects done on Carter and the West follows:
End, lack of funding at this time, and the The north 140 feet of Lot One (1) of Lot Five
possibility of a utility fee. (5) of Herrig’s JFK Addition in the City of
Michalski moved to reconsider action taken by Dubuque, Iowa, according to the recorded plats
the Council at the last meeting. Seconded by thereof, subject to easements of record, together
Nicholson. Motion failed due to the following with an access easement 30 feet in width across
vote: Yeas—Nicholson, Duggan. Nays—and along the south property line of Lot Two (2)
Markham, Michalski, Buol, Cline, Connors. of Lot Five (5) of Herrig’s JFK Addition.
City Manager submitting for Council WHEREAS, this housing project will contain 16
consideration the portion of the Storm Water units;
Management Plan that includes the Bee Branch WHEREAS, the units will be targeted to
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Creek Restoration Project from 24 and Elm special needs persons;
Street to the railroad tracks and a Resolution WHEREAS, the property will have the
Approving an open waterway (channel) from following amenities:
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Garfield and Pine to 24 and Elm as part of the 24 hour a day, seven day a week supportive
City of Dubuque Drainage Basin Master Plan, services,
presented and read. Buol moved to receive and On-site management office,
file the communication and adopt the Computer learning center and community
Resolution. Seconded by Nicholson. No vote space
was taken on this motion. Buol moved to table WHEREAS, the project will be new
this subject to a Work Session. Seconded by construction;
Michalski. Motion carried 7-0. WHEREAS, the Sponsor has requested local
assistance through a tax abatement;
Embassy West Sidewalk Installation: NOW, THEREFORE, BE IT RESOLVED BY
Communication from John W. Herrig requesting THE CITY COUNCIL OF THE CITY OF
that he not be required to install the sidewalk on DUBUQUE, IOWA:
the east side of Embassy West Drive as Section 1. The City supports the application of
included in the 1998 and 2000 Sidewalk Area Residential Care Foundation for Affordable
Assessment Installation Programs and City Housing Tax Credits, subject to necessary
Manager submitting information on the request, public hearings and building permits.
presented and read. Section 2. This resolution shall remain
Mr. John Herrig, 13668 Surrey Lane, owner of effective until 1 July 2003. In the event that any
the property spoke requesting a delay in of the above-listed characteristics should
construction of the sidewalk until the land is materially change prior to the issuance of a
developed. building permit, this resolution shall be null and
Cline moved that the communications be void.
received and filed and directed that this is to Passed, approved and adopted this 4th day of
come back to the Council to be set for Public November, 2002.
Hearing to allow public input on any extension. Terrance M Duggan, Mayor
Seconded by Buol. Motion carried 7-0. Attest: Karen M. Chesterman, Deputy City Clerk
Michalski moved adoption of the Resolution.
Affordable Housing Tax Credit Application Seconded by Connors. Motion carried 7-0.
from Area Residential Care: City Manager
recommending approval of a request from Area Mayor Duggan turned control of the meeting to
Residential Care (ARC) for City support of an Mayor Pro-Tem Buol due to possible conflict of
application to the Iowa Finance Authority for interest.
housing tax credits for construction of low and Affordable Housing Tax Credit Application
moderate income housing, presented and read. from Gronen Properties: City Manager
Michalski moved that the communication be recommending approval of a request from John
received and filed. Seconded by Connors. Gronen, Gronen Properties, for City support of
Motion carried 7-0. an application to the Iowa Finance Authority for
450 Regular Session, November 4, 2002
renovation of six downtown buildings, presented Passed, approved and adopted this 4th day of
and read. Cline moved that the communication November, 2002.
be received and filed. Seconded by Michalski. Terrance M Duggan, Mayor
Motion carried 6-0. Attest: Karen M. Chesterman, Deputy City Clerk
Mr. Gronen spoke giving specifics of the Cline moved adoption of the Resolution.
properties that will be renovated. Seconded by Michalski. Motion carried 6-0.
RESOLUTION NO. 600-02 RESOLUTION NO. 601-02
A RESOLUTION OF SUPPORT FOR THE A RESOLUTION OF LOCAL CONTRIBUTING
DEVELOPMENT OF AFFORDABLE HOUSING EFFORT FOR THE DEVELOPMENT OF
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ON MAIN AND WEST 11 STREETSAFFORDABLE HOUSING ON MAIN AND
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WEST 11 STREETS
WHEREAS, the City of Dubuque, Iowa has
been informed by Gronen Properties that a low WHEREAS, the City of Dubuque, Iowa has
income housing tax credit application will be filed been informed by Gronen Properties that a low
with the Iowa Finance Authority for the income housing tax credit application will be filed
development of affordable rental housing to be with the Iowa Finance Authority for the
located in Dubuque, Iowa with a legal development of affordable rental housing to be
description as follows: located in Dubuque, Iowa, at 1042, 1086, 1086
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Lot 39 in the City of Dubuque, Iowa, according and 1091 Main Street and at 248 West 11
to the United States Commissioner’s Map Street; and
thereof; and WHEREAS, a local contributing effort is
Lot 40 in the City of Dubuque, Iowa, according required by the Qualified Allocation Plan and
to the United States Iowa Code Section 16.4, to be provided by a
Commissioner’s Map thereof; and local governmental unit or by local or regional
City Lot 40A in the City of Dubuque, Dubuque agencies public or private; and
County, Iowa , according to the United States WHEREAS, the Iowa Finance Authority may
Commissioner’s Map of the Town (now City) of consider any type of proposed local contributing
Dubuque, Iowa; and effort; and the agency making the local
Lots 42, 42A and the south 8 feet of Lot 41, in contributing effort must indicate the value of its
the City of Dubuque, Iowa, according to the contribution; and
United States Commissioner’s Map of the Town WHEREAS, the proposed affordable housing
of Dubuque, Iowa; and project is located in the Upper Main Urban
The North 43.2 feet of Lot 41 in the City of Revitalization District and is therefore eligible for
Dubuque, Iowa, according to the United States consideration for a tax abatement; and
Commissioners Map thereof. WHEREAS, the Sponsor intends to apply for
WHEREAS, this housing project will contain 30 tax abatement benefits provided through the
units; Urban Revitalization Program; and
WHEREAS, the units will be targeted to family WHEREAS, said tax abatement benefits would
mixed income; constitute the required local contributing effort,
WHEREAS, the project will be acquisition and and have an estimated value of $120 000.
rehabilitation; NOW, THEREFORE, BE IT RESOLVED BY
WHEREAS, the project will have the following THE CITY COUNCIL OF THE CITY OF
amenities: DUBUQUE, IOWA:
Green space; Section 1. The City is supportive of the
Community room application of Gronen Properties for a tax
Computer room abatement for the proposed affordable housing
WHEREAS, The Sponsor has requested local project provided through the Urban
assistance through a tax abatement; Revitalization Program, subject to the
NOW, THEREFORE, BE IT RESOLVED BY application cycle and subsequent City Council
THE CITY COUNCIL OF THE CITY OF review and approval.
DUBUQUE, IOWA: Passed, approved and adopted this 4th day of
Section 1. The City supports the application of November, 2002.
Gronen Properties for Affordable Housing Tax Terrance M Duggan, Mayor
Credits, subject to necessary public hearings Attest: Karen M. Chesterman, Deputy City Clerk
and building permits. Cline moved adoption of the Resolution.
Section 2. This resolution shall remain Seconded by Michalski. Motion carried 6-0.
effective until 1 July 2003. In the event that any
of the above-listed characteristics should Mayor Duggan returned and took control of the
materially change prior to the issuance of a meeting.
building permit, this resolution shall be null and
void. Renaming a Portion of East Sixth Street:
City Manager recommending that a portion of
Regular Session, November 4, 2002 451
East Sixth Street be renamed to East Fifth Section 4. That all that part of unvacated
Street and that stop signs be erected for Adams Streets from the south line of East Sixth
southbound traffic on Bell Street and westbound Street to the north boundary of Lot A of 2 of 12
traffic on East Fifth Street and a yield sign be of said Industrial Subdivision No. 2 be
erected for eastbound traffic on East Fifth Street, hereinafter named East Fifth Street; and
presented and read. Buol moved that the Section 5. That all that part of the unvacated
communication be received and filed. Seconded alley abutting Lots 1-12, 1-13, 1-14, and 1-15 all
by Nicholson. Motion carried 7-0. in Block 29 of said Dubuque Harbor
Public Works Director Mike Koch clarified the Improvement Company’s Addition be hereinafter
reasons for the traffic sign changes. named East Fifth Street; and
Section 6. That all that part of unvacated
An Ordinance renaming a portion of the street Bodega Street between Lot A of 11 and Lot B of
currently named East Sixth Street to East Fifth 11 both in said Industrial Subdivision No. 2,
Street and designating the public right-of-way hereinafter named East Fifth Street; and
between the westerly end of the newly-named Section 7. That all that part of Lots 1, 2, 3, and
East Fifth Street and White Street as East Fifth 4 of Milwaukee Industrial Tract No. 1 purchased
Street, presented and read. by the Iowa Department of Transportation for US
61 reconstruction from the easterly right-of-way
line of White Street underlying the extension of
OFFICIAL PUBLICATION
Fifth Street easterly shall be hereinafter named
ORDINANCE NO. 89-02
East Fifth Street; and
AN ORDINANCE RENAMING A PORTION OF
Section 8. That that part of Lot 7 of the E ½ of
THE STREET CURRENTLY NAMED EAST
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the NE ¼ of Section 25, T89N, R2E, 5 P.M.,
SIXTH STREET TO EAST FIFTH STREET AND
Dubuque County, Iowa, underlying the extension
DESIGNATING THE PUBLIC RIGHT-OF-WAY
of East Fifth Street between said Milwaukee
BETWEEN THE WESTERLY END OF THE
Industrial Tract No. 1 and said Bodega Street
NEWLY-NAMED EAST FIFTH STREET AND
shall hereinafter be named East Fifth Street; and
WHITE STREET AS EAST FIFTH STREET
Section 9. That the Mayor and City Clerk are
Whereas, the City Council desires to reduce
hereby authorized and directed to endorse the
the potential confusion of visitors to the Port of
approval of the City of Dubuque, Iowa, upon
Dubuque renaming East Sixth Street in this
such street name, and to file notice of the
area; and
renaming of said street with the Recorder,
Whereas, the street was designated prior to
Auditor, and City Assessor of Dubuque County,
the construction of the US Highway 61 overpass
Iowa.
when both portions of East Sixth Street were
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Passed, approved and adopted this 4 day of
physically connected; and
November, 2002.
Whereas, property was purchased for the
Terrance M. Duggan, Mayor
extension of East Fifth Street as part of the
Attest: Karen M. Chesterman, Deputy City Clerk
reconstruction of US 61 which is now physically
Published officially in the Telegraph Herald
connected to the current East Fifth Street at its
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newspaper this 12 day of November, 2002.
intersection with White Street and East Sixth
Jeanne F. Schneider, City Clerk
Street near Cypress Street; and
1t 11/12
Whereas, the City Council desires to name this
Buol moved that the requirement that a
street as East Fifth Street.
proposed Ordinance be considered and voted
NOW, THEREFORE, BE IT ORDAINED BY
on for passage at two Council Meetings prior to
THE CITY COUNCIL OF THE CITY OF
the meeting at which it is to be finally passed be
DUBUQUE, IOWA:
suspended and further moved final
Section 1. That the portion of East Sixth Street
consideration and passage of the Ordinance.
from the westerly line of Cypress Street
Seconded by Nicholson. Motion carried 7-0.
extended southeasterly to the easterly right-of-
way line of Bell Street be hereinafter renamed
An Ordinance amending the Code of
East Fifth Street; and
Ordinances of the City of Dubuque, Iowa by
Section 2. That Lots 1-1, 2-1, 1-11, 2-10, 3-10,
modifying Subsection (b) of Section 32-214
1-12, 1-13, 1-14, 1-15, 1-16, and 1-17 all in
thereof providing for the addition of stop signs at
Industrial Subdivision No. 2 in the City of
the intersection of East Fifth Street and Bell
Dubuque, Dubuque County, Iowa, be hereinafter
Street, presented and read.
named East Fifth Street; and
Section 3. That Lots 1-12, 1-13, 1-14, and 1-
OFFICIAL PUBLICATION
15 all in Block 29 of Dubuque Harbor
ORDINANCE NO. 90-02
Improvement Company’s Addition in the City of
AN ORDINANCE AMENDING THE CODE OF
Dubuque, Dubuque County, Iowa, be hereinafter
ORDINANCES OF THE CITY OF DUBUQUE,
named East Fifth Street; and
IOWA, BY MODIFYING SUBSECTION (b) OF
452 Regular Session, November 4, 2002
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SECTION 32-214 THEREOF PROVIDING FOR
Passed, approved and adopted this 4 day of
THE ADDITION OF STOP SIGNS AT THE
November, 2002.
INTERSECTION OF EAST FIFTH STREET
Terrance M. Duggan, Mayor
AND BELL STREET
Attest: Karen M. Chesterman, Deputy City Clerk
NOW, THEREFORE, BE IT ORDAINED BY Published officially in the Telegraph Herald
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THE CITY COUNCIL OF THE CITY OF newspaper this 12 day of November, 2002.
DUBUQUE, IOWA: Jeanne F. Schneider, City Clerk
Section 1. That the Code of Ordinances of the 1t 11/12
City of Dubuque, Iowa, be amended by adding Buol moved that the requirement that a
East Fifth Street and Bell Street to Subsection proposed Ordinance be considered and voted
(b) of Section 32-214 thereof as follows: on for passage at two Council Meetings prior to
“Sec. 32-214. Stop Intersections. the meeting at which it is to be finally passed be
(b) suspended and further moved final
* * * * consideration and passage of the Ordinance.
Southbound Seconded by Nicholson. Motion carried 7-0.
Bell Street and East Fifth Street
Westbound Fengler Street, Manson Road, and Cousins
East Fifth Street and Bell Street Road Bridge Weight Limit Postings: City
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Passed, approved and adopted this 4 day of Manager recommending that the weight
November, 2002. restrictions on the reconstructed Fengler Street
Terrance M. Duggan, Mayor and Manson Road Bridges be removed and that
Attest: Karen M. Chesterman, Deputy City Clerk a 20-ton load limit be placed on the Cousins
Published officially in the Telegraph Herald Road Bridge, presented and read. Buol moved
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newspaper this 12 day of November, 2002. that the communication be received and filed.
Jeanne F. Schneider, City Clerk Seconded by Cline. Motion carried 7-0.
1t 11/12
Buol moved that the requirement that a An Ordinance amending Section 32-185(a) of
proposed Ordinance be considered and voted the City of Dubuque Code of Ordinances
on for passage at two Council Meetings prior to prohibiting heavy vehicles on certain bridges by
the meeting at which it is to be finally passed be removing the weight limit on Fengler Street and
suspended and further moved final Manson Road Bridges and adding a weight limit
consideration and passage of the Ordinance. on Cousins Road Bridge, presented and read.
Seconded by Nicholson. Motion carried 7-0.
OFFICIAL PUBLICATION
An Ordinance amending the Code of
ORDINANCE NO. 92-02
Ordinances of the City of Dubuque, Iowa, by
AN ORDINANCE AMENDING SECTION 32-
modifying Subsection (b) of Section 32-216
185(a) OF THE CITY OF DUBUQUE CODE OF
thereof providing for the addition of a yield sign
ORDINANCES PROHIBITING HEAVY
at the intersection of East Fifth Street and Bell
VEHICLES ON CERTAIN BRIDGES BY
Street, presented and read.
REMOVING THE WEIGHT LIMIT ON
FENGLER STREET AND MANSON ROAD
OFFICIAL PUBLICATION BRIDGES AND ADDING A WEIGHT LIMIT ON
ORDINANCE NO. 91-02 COUSINS ROAD BRIDGE
AN ORDINANCE AMENDING THE CODE OF
NOW, THEREFORE, BE IT ORDAINED BY
ORDINANCES OF THE CITY OF DUBUQUE,
THE CITY COUNCIL OF THE CITY OF
IOWA, BY MODIFYING SUBSECTION (b) OF
DUBUQUE, IOWA:
SECTION 32-216 THEREOF PROVIDING FOR
Section 1. That the Code of Ordinances of the
THE ADDITION OF A YIELD SIGN ON EAST
City of Dubuque, Iowa be amended by deleting
FIFTH STREET AND BELL STREET
from Subsection (a) of Section 32-185 as
NOW, THEREFORE, BE IT ORDAINED BY follows:
THE CITY COUNCIL OF THE CITY OF (a) When signs are erected giving notice
DUBUQUE, IOWA: thereof, no person shall operate a vehicle
Section 1. That the Code of Ordinances of the exceeding the posted gross vehicle weight limits
City of Dubuque, Iowa, be amended by adding on, or over the following bridges:
East Fifth Street and Bell Street to Subsection Fengler Street 5 Tons
(b) of Section 32-216 thereof as follows: Manson Road Bridge 5 Tons
“Sec. 32-216. Yield Intersections. Section 2. That the Code of Ordinances of the
(b) City of Dubuque, Iowa be amended by adding to
* * * * Subsection (a) of Section 3 2-185 as follows:
(3) Eastbound Vehicles (a) When signs are erected giving notice
East Fifth Street and Bell Street.” thereof, no person shall operate a vehicle
Regular Session, November 4, 2002 453
exceeding the posted gross vehicle weight limits Section 2. That the Code of Ordinances of the
on, or over the following bridges: City of Dubuque, Iowa, be amended by adding
Cousins Road Bridge 20 Tons West Twelfth Street to Subsection (b) of Section
th
Passed, approved and adopted this 4 day of 32-213 thereof as follows:
November, 2002. Sec. 32-213. Through Streets.
Terrance M. Duggan, Mayor (b)
Attest: Karen M. Chesterman, Deputy City Clerk * * * * * * *
Published officially in the Telegraph Herald Twelfth Street, West, from the west property
th
newspaper this 12 day of November, 2002. line of Central Avenue to the east property line
Jeanne F. Schneider, City Clerk of Bluff Street.
th
1t 11/12 Passed, approved and adopted this 4 day of
Buol moved that the requirement that a November, 2002.
proposed Ordinance be considered and voted Terrance M. Duggan, Mayor
on for passage at two Council Meetings prior to Attest: Karen M. Chesterman, Deputy City Clerk
the meeting at which it is to be finally passed be Published officially in the Telegraph Herald
th
suspended and further moved final newspaper this 12 day of November, 2002.
consideration and passage of the Ordinance. Jeanne F. Schneider, City Clerk
Seconded by Cline. Motion carried 7-0. 1t 11/12
Michalski moved that the requirement that a
Twelfth Street and Bluff Street Intersection – proposed Ordinance be considered and voted
Signage: City Manager recommending a on for passage at two Council Meetings prior to
change of stop sign designations at Twelfth and the meeting at which it is to be finally passed be
Bluff Streets by removing the stop signs on Bluff suspended and further moved final
Street and adding a stop sign for westbound consideration and passage of the Ordinance.
traffic on Twelfth Street, presented and read. Seconded by Markham. Motion carried 7-0.
Michalski moved that the communication be
received and filed. Seconded by Markham. An Ordinance amending the Code of
Motion carried 7-0. Ordinances of the City of Dubuque, Iowa by
modifying Subsection (b) of Section 32-214
Public Works Director Mike Koch explained the thereof providing for the addition of a stop sign
traffic flow changes at this intersection. on West Twelfth Street at Bluff Street, presented
and read.
An Ordinance amending the Code of
Ordinances of the City of Dubuque, Iowa, by
OFFICIAL PUBLICATION
deleting a portion of West Twelfth Street from
ORDINANCE NO. 94-02
Subsection (b) of Section 32-213 thereof
AN ORDINANCE AMENDING THE CITY OF
providing for the designation of through streets,
ORDINANCES OF THE CITY OF DUBUQUE,
presented and read.
IOWA, BY MODIFYING SUBSECTION (b) OF
SECTION 32-214 THEREOF PROVIDING FOR
OFFICIAL PUBLICATION THE ADDITION OF A STOP SIGN ON WEST
ORDINANCE NO. 93-02 TWELFTH STREET AT BLUFF STREET
AN ORDINANCE AMENDING THE CODE OF
NOW, THEREFORE, BE IT ORDAINED BY
ORDINANCES OF THE CITY OF DUBUQUE,
THE CITY COUNCIL OF THE CITY OF
IOWA, BY DELETING A PORTION OF WEST
DUBUQUE, IOWA:
TWELFTH STREET FROM SUBSECTION (b)
Section 1. That the Code of Ordinances of the
OF SECTION 32-213 THEREOF PROVIDING
City of Dubuque, Iowa, be amended by deleting
FOR THE DESIGNATION OF THROUGH
West Twelfth Street from Subsection (b) of
STREETS
Section 32-214 thereof as follows:
NOW, THEREFORE, BE IT ORDAINED BY Sec. 32-214. Stop Intersections.
THE CITY COUNCIL OF THE CITY OF (b)
DUBUQUE, IOWA: * * * * * * *
Section 1. That the Code of Ordinances of the Eastbound
City of Dubuque, Iowa, be amended by deleting Bluff Street and West Twelfth Street
West Twelfth Street from Subsection (b) of Section 2. That the Code of Ordinances of the
Section 32-213 thereof as follows: City of Dubuque, Iowa, be amended by adding
Sec. 32-213. Through Streets. West Twelfth Street and Bluff Street to
(b) Subsection (b) of Section 32-214 thereof as
* * * * * * * follows:
Twelfth Street, West, from the west property Sec. 32-214. Stop Intersections.
line of Central Avenue to the west property line (b)
of Bluff Street. * * * * * *
Eastbound and Westbound
454 Regular Session, November 4, 2002
West Twelfth Street and Bluff Street Director of Development of the Grand Opera
th
Passed, approved and adopted this 4 day House Foundation, requesting City support of a
of November, 2002. grant application to the Community Attraction
Terrance M. Duggan, Mayor and Tourism Program through Vision Iowa,
Attest: Karen M. Chesterman, Deputy City Clerk presented and read. Markham moved that the
Published officially in the Telegraph Herald communication be received and filed and
th
newspaper this 12 day of November, 2002. recommendation approved. Seconded by Buol.
Jeanne F. Schneider, City Clerk Motion carried 7-0.
1t 11/12
Michalski moved adoption of the Resolution. Third Street Overpass: City Manager
Seconded by Markham. Motion carried 7-0. recommending approval of a Request for
Proposals for consultant services to provide
Mississippi Riverwalk: City Manager architectural and engineering design services for
recommending an amendment to the Code of the Third Street overpass improvements,
Ordinances that would prohibit swimming or presented and read. Buol moved that the
wading in the waters adjacent to the Riverwalk, communication be received and filed and
including the two small pier steps that connect approved recommendation. Seconded by
the Riverwalk to the Mississippi River, presented Nicholson. Motion carried 7-0.
and read. Buol moved that the communication
be received and filed. Seconded by Connors. Legislative Issues: City Manager submitting
Motion carried 7-0. the City’s Legislative Priorities for 2003,
presented and read. Buol moved that the
An Ordinance amending Section 10-36(D) communication be received and filed and
Prohibiting swimming or wading in the waters approved the priorities. Seconded by Nicholson.
adjacent to the Rivers Edge Plaza by adding Motion carried 7-0.
thereto the Riverwalk, presented and read.
COUNCIL MEMBER REPORTS
OFFICIAL PUBLICATION
Connors stated that perhaps it should be
ORDINANCE NO. 95-02
clarified for the audience the difference between
ORDINANCE AMENDING SECTION 10-36(d)
a Public Hearing and Action Items for anyone
PROHIBITING SWIMMING OR WADING IN
wishing to speak to an item. Cline questioned
THE WATERS ADJACENT TO THE RIVERS
how often existing stop signs are reviewed and
EDGE PLAZA BY ADDING THERETO THE
commented that people do want contact with the
RIVERWALK
river at the Riverfront. Buol stressed that
NOW, THEREFORE, BE IT ORDAINED BY
everyone should vote tomorrow.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
PUBLIC INPUT
Section 1. Sec. 10-36(d) of the City of
Dubuque Code of Ordinances, is amended to
Mrs. Patricia Riniker, 13543 Burton Furnace
read as follows:
Rd., questioned the ownership of the HyVee
(d) No person shall swim or wade in the
strip mall and stated there has been an increase
waters adjacent to the Rivers Edge Plaza or the
in water runoff on to their property with the
Riverwalk.
heavy rains of the last three years.
Passed, approved and adopted this 4th day of
November, 2001.
At 8:39 P.M. Buol moved to go into Closed
Terrance M. Duggan, Mayor
Session re: Pending Litigation – Chapter
Attest: Karen M. Chesterman, Deputy City Clerk
21.5(1)(c) 2001 Code of Iowa. Seconded by
Published officially in the Telegraph Herald
th
Connors. Motion carried 7-0.
newspaper this 12 day of November, 2002.
Jeanne F. Schneider, City Clerk
At 8:49 Council reconvened Regular Session
1t 11/12
stating that Staff had been given proper
Buol moved that the requirement that a
direction.
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
There being no further business, Michalski
the meeting at which it is to be finally passed be
moved to adjourn. Seconded by Cline. Motion
suspended and further moved final
carried 7-0.
consideration and passage of the Ordinance.
The meeting adjourned at 8:50.
Seconded by Connors. Motion carried 7-0.
/s/ Karen M. Chesterman
Grand Opera House Foundation:
Deputy City Clerk
Communication from Chris Chapin-Tilton,
1t 11/13
Regular Session, November 4, 2002 455
Approved:__________________________2003
Adopted:___________________________2003
______________________________________
Mayor
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
Council Members
Attest:
______________________________________
City Clerk
456 Special Session, November 7, 2002
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, November 7,
Approved:__________________________2003
2002
Adopted:___________________________2003
Council met in special session at 5:30 p.m. at
the Dubuque Greyhound Park and Casino
Present: Mayor Duggan, Council Members
______________________________________
Cline, Connors, Markham, Michalski, Nicholson,
Mayor
City Manager Michael Van Milligen, Corporation
Counsel Barry Lindahl
______________________________________
Absent: Council Member Buol.
______________________________________
Mayor Duggan read the call and stated this is
a special session of the City Council called for
______________________________________
the purpose of discussing legislative issues.
______________________________________
The City Council, County Board of
______________________________________
Supervisors, School Board Members, and
representatives of the Holy Family Catholic
______________________________________
School System met with area legislators to
Council Members
discuss issues of concern for the upcoming
legislative session.
Attest:
There being no further business, upon
______________________________________
City Clerk
consensus meeting adjourned at 7:15 p.m.
/s/ Jeanne F. Schneider
City Clerk
1t 11/15
Special Session, November 18, 2002 457
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Monday, November 18, 2002
Council met for Dinner at 5:15 P.M. in the
Approved:__________________________2003
Second Floor Library Rotunda.
Council met in Special Session at 5:45 P.M. in
Adopted:___________________________2003
the Public Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
______________________________________
Nicholson, City Manager Michael Van Milligen,
Mayor
Corporation Counsel Barry Lindahl.
______________________________________
Mayor Duggan read the call and stated this is
a special session of the City Council called for
______________________________________
the purpose of discussing Wayfinding Signage.
______________________________________
Greg Malm, member of the local Wayfinding
Signage Committee, gave a presentation about
______________________________________
the Wayfinding Signage and answered
questions.
______________________________________
There being no further business, upon
______________________________________
consensus special session adjourned at 6:28
Council Members
P.M.
Attest:
/s/ Jeanne F. Schneider, CMC
City Clerk
______________________________________
City Clerk
1t 11/27
458 Regular Session, November 18, 2002
DUBUQUE
Robertson for vehicle damage, presented and
read. Buol moved that the claims and suits be
CITY COUNCIL
referred to the Legal Staff for investigation and
OFFICIAL
report. Seconded by Michalski. Motion carried
PROCEEDINGS
7-0.
City Council, Regular Session, November 18,
Corporation Counsel advising that the
2002
following claims have been referred to Public
Council met in Regular Session at 6:30 P.M. in
Entity Risk Services of Iowa, the agent for the
the Public Library Auditorium
Iowa Communities Assurance Pool: Dubuque
Internal Medicine for property damage,
Present: Mayor Duggan, Council Members
presented and read. Buol moved that the
Buol, Cline, Connors, Markham, Michalski,
communication be received and filed and
Nicholson, City Manager Michael Van Milligen,
concurred. Seconded by Michalski. Motion
Corporation Counsel Barry Lindahl.
carried 7-0.
Mayor Duggan read the call and stated this is
Corporation Counsel recommending denial of
the Regular Session of the City Council called
the claim of Martin Meisenburg for property
for the purpose of discussing such matters
damage, presented and read. Buol moved that
which may properly come before the City
the communication be received and filed and
Council.
concurred. Seconded by Michalski. Motion
carried 7-0.
Invocation was given by Reverend Greg
Bjornstad, Chaplain of Luther Manor.
Corporation Counsel recommending
settlement of the claims of Tammi Herbst, Kim
Proclamation: Welcome to the Trois-Rivieres,
Paradiso, and Todd Robertson for vehicle
Quebec, Canada Delegation
damage and that the Finance Director issue
proper payment, presented and read. Buol
CONSENT ITEMS
moved that the communications be received and
Minutes Submitted: City Council of 11/4 and
filed and approved recommendations and
11/7; Civil Service Commission of 9/5; Historic
Finance Director to issue proper payments.
Preservation Commission of 10/24; Park and
Seconded by Michalski. Motion carried 7-0.
Recreation Commission of 10/8; Transit Board
of 4/18; Zoning Board of Adjustment of 10/24,
Iowa Chapter of the American Planning
presented and read. Buol moved that the
Association: Communication from the Iowa
minutes be received and filed. Seconded by
Chapter of the American Planning Association
Michalski. Motion carried 7-0.
advising that the City’s Planning Services
Department was selected as the 2002 recipient
Proofs of publication of City Council
of the Implementing Smart Growth Award for the
Proceedings of 10/21 and List of Claims and
Port of Dubuque Master Plan, presented and
Summary of Revenues for the month ending
read. Buol moved that the communication be
September 30, 2002, presented and read. Buol
received and filed. Seconded by Nicholson.
moved that the proofs be received and filed.
Motion carried 7-0.
Seconded by Michalski. Motion carried 7-0.
Planning Services Manager Laura Carstens
spoke regarding the award and presented the
Printed Council proceedings for month of
plaque to the Council.
September, 2002, presented and read. Buol
moved that the proceedings be approved as
Kerper Boulevard Re-Platting: Zoning
printed. Seconded by Michalski. Motion carried
Advisory Commission recommending approval
7-0.
of the re-platting request of McGraw-Hill and
Key City Plating for property located at 2460 to
Finance Director submitting the City of
2500 Kerper Boulevard, presented and read.
Dubuque Financial Reports for the month ending
Buol moved that the communication be received
October 31, 2002, presented and read. Buol
and filed. Seconded by Michalski. Motion
moved that the communication and reports be
carried 7-0.
received and filed. Seconded by Michalski.
RESOLUTION NO. 602-02
Motion carried 7-0.
RESOLUTION APPROVING THE FINAL PLAT
OF MCGRAW-HILL, KEY CITY PLATING
Notice of Claims/Suits: Mary Asbell for
REPLAT
property damage; Tammi Herbst for vehicle
damage; Steve Kafer for vehicle damage; Dean
Mattoon for vehicle damage; and Todd
Regular Session, November 18, 2002 459
Whereas, there has been filed with the City NOW THEREFORE, BE IT RESOLVED BY
Clerk a Final Plat of McGraw-Hill, Key City THE CITY COUNCIL OF THE CITY OF
Plating replat in the City of Dubuque, Iowa and DUBUQUE, IOWA:
Whereas, said final plat provides Lot 3 with 0 Section 1. That the recommendation of the
feet of lot frontage, where 50 feet is required by City Manager be approved and that said
Section 42-19(b) of the Subdivision Regulations; improvement be and the same is hereby
and accepted.
Whereas, said final plat has been examined by BE IT FURTHER RESOLVED that the City
the Zoning Advisory Commission and had its Treasurer be and he is hereby directed to pay to
approval endorsed thereon; and the contractor from the Water Fund, Sewer
Whereas, said final plat has been examined by Fund, Cable Franchise Fees, and DRA
the City Council and they find that it conforms to Distribution Funds in amount equal to the
the statues and ordinances relating thereto. amount of his contract, less any retained
NOW THEREFORE, BE IT RESOLVED BY percentage provided for therein.
th
THE CITY COUNCIL OF THE CITY OF Passed, approved and adopted this 18 day of
DUBUQUE, IOWA: November, 2002.
Section 1. That Section 42-19(b) of the Terrance M. Duggan, Mayor
Subdivision Regulations is waived to allow Lot 3 Attest: Jeanne F. Schneider, City Clerk
with 0 feet of lot frontage, where 50 feet is Buol moved adoption of the Resolution.
required. Seconded by Michalski. Motion carried 7-0.
Section 2. That the Final Plat of McGraw-Hill,
RESOLUTION NO. 604-02
Key City Plating replat is hereby approved, and
FINAL ESTIMATE
the Mayor and City Clerk are hereby authorized
and directed to endorse the approval of the City Whereas, the contract for the Port of Dubuque
of Dubuque, Iowa upon said final plat. Utility Relocation and Extension – Phase II
th
Passed, approved and adopted this 18 day of Project has been completed and the City
November 2002. Engineer has submitted his final estimate
Terrance M. Duggan, Mayor showing the cost thereof including the cost of
Attest: Jeanne F. Schneider, City Clerk estimates, notices and inspection and all
Buol moved adoption of the Resolution. miscellaneous costs.
Seconded by Michalski. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
Iowa Finance Authority: Communication from DUBUQUE, IOWA:
the Historic Preservation Commission to the Section 1. That the cost of said improvement
Iowa Finance Authority in support of the Low is hereby determined to be $782,256.78 and the
Income Housing Tax Credit application of John said amount shall be paid from the Water Fund,
Gronen for property located at 1042, 1066, 1086 Sewer Fund, Cable Franchise Fees, and the
th
and 1091 Main Street and 248 West 11 Street, DRA Distribution Funds of the City of Dubuque,
presented and read. Buol moved that the Iowa.
th
communication be received and filed. Seconded Passed, approved and adopted this 18 day of
by Michalski. Motion carried 7-0. November, 2002.
Terrance M. Duggan, Mayor
Port of Dubuque Utility Relocation – Phase II: Attest: Jeanne F. Schneider, CMC, City Clerk
City Manager recommending acceptance of the Buol moved adoption of the Resolution.
Port of Dubuque Utility Relocation – Phase II Seconded by Michalski. Motion carried 7-0.
Project in the final contract amount of
$672,881.25, presented and read. Buol moved 2001 AC Paving Project: City Manager
that the communication be received and filed. recommending acceptance of the 2001 AC
Seconded by Michalski. Motion carried 7-0. Paving Project in the final contract amount of
$1,751,883.09, presented and read. Buol
RESOLUTION NO. 603-02
moved that the communication be received and
ACCEPTING IMPROVEMENT
filed. Seconded by Michalski. Motion carried 7-
Whereas, the contract for the Port of Dubuque 0.
Utility Relocation and Extension – Phase II
RESOLUTION NO. 605-02
Project has been completed and the City
ACCEPTING IMPROVEMENT
Manager has examined the work and filed his
certificate stating that the same has been Whereas, the contract for the 2001 Asphalt
completed according to the terms of the Paving Project (FY2002) has been completed
contract, plans and specifications and and the City Manager has examined the work
recommends its acceptance. and filed his certificate stating that the same has
been completed according to the terms of the
460 Regular Session, November 18, 2002
contract, plans and specifications and tower and water main along the Northwest
recommends its acceptance. Arterial and to refund the General Obligations
NOW THEREFORE, BE IT RESOLVED BY Bonds Series 1994, dated May 1, 1994,
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 recommendation of the by Michalski. Motion carried 7-0.
City Manager be approved and that said
RESOLUTION NO. 607-02
improvement be and the same is hereby
RESOLUTION APPOINTING WELLS FARGO
accepted.
BANK IOWA, NATIONAL ASSOCIATION OF
BE IT FURTHER RESOLVED that the City
DES MOINES, IOWA, TO SERVE AS PAYING
Treasurer be and he is hereby directed to pay to
AGENT, BOND REGISTRAR, AND TRANS-
the contractor from the Road Use Tax Fund and
FER AGENT, APPROVING THE PAYING
the 1% Local Option Sales Tax Fund in amount
AGENT AND BOND REGISTRAR AND
equal to the amount of his contract, less any
TRANSFER AGENT AGREEMENT AND
retained percentage provided for therein.
th
AUTHORIZING THE EXECUTION OF THE
Passed, approved and adopted this 18 day of
AGREEMENT
November, 2002.
Terrance M. Duggan, Mayor WHEREAS, pursuant to the provisions of
Attest: Jeanne F. Schneider, City Clerk Chapter 75 of the Code of Iowa, $3,105,000
Buol moved adoption of the Resolution. General Obligation Bonds, Series 2002C, dated
Seconded by Michalski. Motion carried 7-0. December 1, 2002, have been sold at public
sale and action should now be taken to provide
RESOLUTION NO. 606-02
for the maintenance of records, registration of
FINAL ESTIMATE
certificates and payment of principal and interest
Whereas, the contract for the 2001 Asphalt in connection with the issuance of the Bonds;
Paving Project (FY2002) has been completed and
and the City Engineer has submitted his final WHEREAS, this Council has deemed that the
estimate showing the cost thereof including the services offered by Wells Fargo Bank Iowa,
cost of estimates, notices and inspection and all National Association of Des Moines, Iowa, are
miscellaneous costs. necessary for compliance with rules, regulations,
NOW THEREFORE, BE IT RESOLVED BY and requirements governing the registration,
THE CITY COUNCIL OF THE CITY OF transfer and payment of registered Bonds; and
DUBUQUE, IOWA: WHEREAS, a Paying Agent, Bond Registrar
Section 1. That the cost of said improvement is and Transfer Agent Agreement (hereafter
hereby determined to be $1,813,199.00 and the "Agreement") has been prepared to be entered
said amount shall be paid from the Road Use into between the City and Wells Fargo Bank
Tax and the 1% Local Option Sales Tax Fund of Iowa, National Association.
the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY
th
Passed, approved and adopted this 18 day of THE CITY COUNCIL OF DUBUQUE, IOWA:
November, 2002. Section 1. That Wells Fargo Bank Iowa,
Terrance M. Duggan, Mayor National Association of Des Moines, Iowa, is
Attest: Jeanne F. Schneider, City Clerk hereby appointed to serve as Paying Agent,
Buol moved adoption of the Resolution. Bond Registrar and Transfer Agent in
Seconded by Michalski. Motion carried 7-0. connection with the issuance of $3,105,000
General Obligation Bonds, Series 2002C, dated
National Scenic Byways Grant: City Manager December 1, 2002.
recommending approval of an agreement with Section 2. That the Agreement with Wells
Scharff-Weisberg to supply some of the Fargo Bank Iowa, National Association of Des
technical audio-visual systems at the National Moines, Iowa, is hereby approved and that the
Mississippi River Museum and Aquarium for the Mayor and Clerk are authorized to sign the
Dubuque County Historical Society as provided Agreement on behalf of the City.
in the National Scenic Byways Grant, presented PASSED AND APPROVED this 18th day of
and read. Buol moved that the communication November, 2002.
be received and filed and approve the Terrance M. Duggan, Mayor
agreement. Seconded by Michalski. Motion Attest: Jeanne F. Schneider, City Clerk
carried 7-0. Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
General Obligation Bonds, Series 2002C -
RESOLUTION NO. 608-02
$3,105,000: City Manager recommending
RESOLUTION AUTHORIZING AND PROVI-
approval of procedures to complete action on
DING FOR THE ISSUANCE OF $3,105,000
the issuance of $3,105,000 General Obligation
GENERAL OBLIGATION BONDS, SERIES
Bonds, Series 2002C to support a new water
Regular Session, November 18, 2002 461
2002C, AND LEVYING A TAX TO PAY SAID
Section 1. Definitions. The following terms
BONDS
shall have the following meanings in this
WHEREAS, the Issuer is duly incorporated, Resolution unless the text expressly or by
organized and exists under and by virtue of the necessary implication requires otherwise:
laws and Constitution of the State of Iowa; and ‚
"Authorized Denominations" shall mean
WHEREAS, the Issuer is in need of funds to
$5,000 or any integral multiple thereof.
pay costs of the acquisition, construction,
‚
"Beneficial Owner" shall mean the person in
improvement and equipping of waterworks and
whose name such Bond is recorded as the
water main extensions, including water
beneficial owner of a Bond by a Participant on
treatment plant facilities and water main
the records of such Participant or such person's
extensions and improvements, an essential
subrogee.
corporate purpose, and it is deemed necessary
‚
"Bonds" shall mean $3,105,000 General
and advisable that General Obligation Bonds in
Obligation Bonds, Series 2002C, authorized to
the amount of not to exceed $3,300,000 be
be issued by this Resolution.
issued for said purpose; and
‚
"Cede & Co." shall mean Cede & Co., the
WHEREAS, the City of Dubuque, Iowa, is also
nominee of DTC, and any successor nominee of
in need of funds to pay costs of refunding and
DTC with respect to the Bonds.
refinancing certain outstanding indebtedness of
‚
"Continuing Disclosure Certificate" shall
the City, consisting of the General Obligation
mean that certain Continuing Disclosure
Bonds, Series 1994, dated May 1, 1994, an
Certificate executed by the Issuer and dated the
essential corporate purpose, and it is deemed
date of issuance and delivery of the Bonds, as
necessary and advisable that the City issue
originally executed and as it may be amended
general obligation bonds for said purpose to the
from time to time in accordance with the terms
amount of not to exceed $650,000 as authorized
thereof.
by Section 384.25 of the City Code of Iowa; and
‚
"Depository Bonds" shall mean the Bonds as
WHEREAS, pursuant to notice published as
issued in the form of one global certificate for
required by Section 384.25 this Council has held
each maturity, registered in the Registration
a public meeting and hearing upon the proposal
Books maintained by the Registrar in the name
to institute proceedings for the issuance of the
of DTC or its nominee.
above described Bonds, and all objections, if
‚
"DTC" shall mean The Depository Trust
any, to such Council action made by any
Company, New York, New York, a limited
resident or property owner of said City were
purpose trust company, or any successor book-
received and considered by the Council; and it is
entry securities depository appointed for the
the decision of the Council that additional action
Bonds.
be taken for the issuance of said Bonds, and
‚
"Issuer" and "City" shall mean the City of
that such action is considered to be in the best
Dubuque, Iowa.
interests of said City and the residents thereof;
‚
"Participants" shall mean those
and
broker-dealers, banks and other financial
WHEREAS, pursuant to Section 384.28 of the
institutions for which DTC holds Bonds as
City Code of Iowa, it is deemed appropriate that
securities depository.
the various general obligation bonds
‚
"Paying Agent" shall mean Wells Fargo Bank
hereinabove described be combined for
Iowa, National Association, or such successor
purposes of issuance and sale in a single issue
as may be approved by Issuer as provided
of corporate purpose bonds as hereinafter set
herein and who shall carry out the duties
forth.
prescribed herein as Issuer's agent to provide
WHEREAS, pursuant to notice published as
for the payment of principal of and interest on
required by Section 384.25 of said Code, this
the Bonds as the same shall become due.
Council has held a public meeting and hearing
‚
"Project Fund" shall mean the fund required
upon the proposal to institute proceedings for
to be established by this Resolution for the
the issuance of said Bonds, and the Council is
deposit of the proceeds of the Bonds.
therefore now authorized to proceed with the
‚
"Rebate Fund" shall mean the fund so
issuance of said Bonds; and
defined in and established pursuant to the Tax
WHEREAS, pursuant to the provisions of
Exemption Certificate.
Chapter 75 of the Code of Iowa, the above
‚
"Registrar" shall mean Wells Fargo Bank
mentioned bonds were heretofore sold at public
Iowa, National Association of Des Moines, Iowa,
sale and action should now be taken to issue
or such successor as may be approved by
said bonds conforming to the terms and
Issuer as provided herein and who shall carry
conditions of the best bid received at the
out the duties prescribed herein with respect to
advertised public sale:
maintaining a register of the owners of the
NOW, THEREFORE, BE IT RESOLVED BY
Bonds. Unless otherwise specified, the Registrar
THE COUNCIL OF THE CITY OF DUBUQUE,
shall also act as Transfer Agent for the Bonds.
IOWA:
462 Regular Session, November 18, 2002
‚due from current funds of the City available for
"Representation Letter" shall mean the
that purpose and reimbursement shall be made
Blanket Issuer Letter of Representations
from such special fund in the amounts thus
executed and delivered by the Issuer to DTC.
advanced.
‚
"Resolution" shall mean this resolution
Section 3. Bond Fund. Said tax shall be
authorizing the Bonds.
collected each year at the same time and in the
‚
"Tax Exemption Certificate" shall mean the
same manner as, and in addition to, all other
Tax Exemption Certificate executed by the
taxes in and for the City, and when collected
Treasurer and delivered at the time of issuance
they shall be converted into a special fund within
and delivery of the Bonds.
the Debt Service Fund to be known as the
‚
"Treasurer" shall mean the City Treasurer or
"GENERAL OBLIGATION BOND FUND 2002
such other officer as shall succeed to the same
NO. ONE" (the "Bond Fund"), which is hereby
duties and responsibilities with respect to the
pledged for and shall be used only for the
recording and payment of the Bonds issued
payment of the principal of and interest on the
hereunder.
Bonds hereinafter authorized to be issued; and
Section 2. Levy and Certification of Annual
also there shall be apportioned to said fund its
Tax; Other Funds to be Used.
proportion of taxes received by the City from
(a) Levy of Annual Tax. That for the purpose
railway, express, telephone and telegraph
of providing funds to pay the principal and
companies and other taxes assessed by the
interest of the Bonds hereinafter authorized to
Iowa State Department of Revenue.
be issued, there is hereby levied for each future
Section 4. Application of Bond Proceeds.
year the following direct annual tax on all of the
Proceeds of the Bonds other than accrued
taxable property in Dubuque, Iowa, to-wit:
interest except as may be provided below shall
FISCAL YEAR (JULY 1 TO JUNE 30)
be credited to the Project Fund and expended
AMOUNT YEAR OF COLLECTION:
therefrom for the purposes of issuance. Any
$1,062,814 2003/2004
amounts on hand in the Project Fund shall be
$ 220,543 2004/2005
available for the payment of the principal of or
$ 221,343 2005/2006
interest on the Bonds at any time that other
$ 221,993 2006/2007
funds shall be insufficient to the purpose, in
$ 217,493 2007/2008
which event such funds shall be repaid to the
$ 217,618 2008/2009
Project Fund at the earliest opportunity. Any
$ 217,193 2009/2010
balance on hand in the Project Fund and not
$ 216,593 2010/2011
immediately required for its purposes may be
$ 215,570 2011/2012
invested not inconsistent with limitations
$ 214,195 2012/2013
provided by law or this Resolution. Accrued
$ 217,195 2013/2014
interest, if any, shall be deposited in the Bond
$ 214,795 2014/2015
Fund.
$ 212,005 2015/2016
Section 5. Investments of Bond Fund
$ 213,815 2016/2017
Proceeds. All moneys held in the Bond Fund,
(NOTE: For example the levy to be made and
provided for by Section 3 of this Resolution shall
certified against the taxable valuations of
be invested in investments permitted by Chapter
January 1, 2002, will be collected during the
12B, Code of Iowa, 2001 (formerly Chapter 452,
fiscal year commencing July 1, 2003).
Code of Iowa, as amended) or deposited in
(b) Resolution to be Filed With County
financial institutions which are members of the
Auditor. A certified copy of this Resolution
Federal Deposit Insurance Corporation and the
should be filed with the County Auditor of
deposits in which are insured thereby and all
Dubuque County, Iowa, and said Auditor is
such deposits exceeding the maximum amount
hereby instructed in and for each of the years as
insured from time to time by FDIC or its
provided, to levy and assess the tax hereby
equivalent successor in any one financial
authorized in Section 2 of this Resolution, in like
institution shall be continuously secured in
manner as other taxes are levied and assessed,
compliance with the State Sinking Fund
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
Regular Session, November 18, 2002 463
(a) Bond Details. General Obligation Bonds If selection by lot within a maturity is required,
of the City in the amount of $3,105,000, shall be the Registrar shall designate the Bonds to be
issued pursuant to the provisions of Section redeemed by random selection of the names of
384.25 of the City Code of Iowa for the aforesaid the registered owners of the entire annual
purpose. The Bonds shall be designated maturity until the total amount of Bonds to be
"GENERAL OBLIGATION BOND, SERIES called has been reached.
2002C", be dated December 1, 2002, and bear Section 7. Issuance of Bonds in Book-Entry
interest from the date thereof, until payment Form; Replacement Bonds.
thereof, at the office of the Paying Agent, said (a) Notwithstanding the other provisions of this
interest payable on June 1, 2003, and Resolution regarding registration, ownership,
semiannually thereafter on the lst day of June transfer, payment and exchange of the Bonds,
and December in each year until maturity at the unless the Issuer determines to permit the
rates hereinafter provided. exchange of Depository Bonds for Bonds in the
The Bonds shall be executed by the manual or Authorized Denominations, the Bonds shall be
facsimile signature of the Mayor and attested by issued as Depository Bonds in denominations of
the manual or facsimile signature of the Clerk, the entire principal amount of each maturity of
and impressed or printed with the seal of the Bonds (or, if a portion of said principal amount is
City and shall be fully registered as to both prepaid, said principal amount less the prepaid
principal and interest as provided in this amount); and such Depository Bonds shall be
Resolution; principal, interest and premium, if registered in the name of Cede & Co., as
any, shall be payable at the office of the Paying nominee of DTC. Payment of semi-annual
Agent by mailing of a check to the registered interest for any Depository Bond shall be made
owner of the Bond. The Bonds shall be in the by wire transfer or New York Clearing House or
denomination of $5,000 or multiples thereof. equivalent next day funds to the account of
The Bonds shall mature and bear interest as Cede & Co. on the interest payment date for the
follows: Bonds at the address indicated in or pursuant to
Interest Principal Maturity the Representation Letter.
Rate Amount June 1st (b) With respect to Depository Bonds, neither
2.50% $500,000 2003 the Issuer nor the Paying Agent shall have any
2.50 420,000 2004 responsibility or obligation to any Participant or
3.00 140,000 2005 to any Beneficial Owner. Without limiting the
3.00 145,000 2006 immediately preceding sentence, neither the
3.00 150,000 2007 Issuer nor the Paying Agent shall have any
3.25 150,000 2008 responsibility or obligation with respect to (i) the
3.50 155,000 2009 accuracy of the records of DTC or its nominee or
3.50 160,000 2010 of any Participant with respect to any ownership
3.65 165,000 2011 interest in the Bonds, (ii) the delivery to any
3.75 170,000 2012 Participant, any Beneficial Owner or any other
4.00 175,000 2013 person, other than DTC or its nominee, of any
4.00 185,000 2014 notice with respect to the Bonds, (iii) the
4.10 190,000 2015 payment to any Participant, any Beneficial
4.20 195,000 2016 Owner or any other person, other than DTC or
4.30 205,000 2017 its nominee, of any amount with respect to the
(b) Redemption. Bonds maturing after June principal of, premium, if any, or interest on the
1, 2012 may be called for redemption by the Bonds, or (iv) the failure of DTC to provide any
Issuer and paid before maturity on said date or information or notification on behalf of any
any date thereafter, from any funds regardless Participant or Beneficial Owner.
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
464 Regular Session, November 18, 2002
Registration Books, and all such payments shall no other way. Wells Fargo Bank Iowa, National
be valid and effective to fully satisfy and Association is hereby appointed as Bond
discharge the Issuer's obligations with respect to Registrar under the terms of this Resolution (and
the principal of, premium, if any, and interest on under the provisions of a separate agreement
the Bonds to the extent so paid. with the Issuer filed herewith which is made a
Notwithstanding the provisions of this Resolution part hereof by this reference.) Registrar shall
to the contrary (including without limitation those maintain the books of the Issuer for the
provisions relating to the surrender of Bonds, registration of ownership of the Bonds for the
registration thereof, and issuance in Authorized payment of principal of and interest on the
Denominations), as long as the Bonds are Bonds as provided in this Resolution. All Bonds
Depository Bonds, full effect shall be given to shall be negotiable as provided in Article 8 of the
the Representation Letter and the procedures Uniform Commercial Code and Section 384.31
and practices of DTC thereunder, and the of the Code of Iowa, subject to the provisions for
Paying Agent shall comply therewith. registration and transfer contained in the Bonds
(c) Upon (i) a determination by the Issuer that and in this Resolution.
DTC is no longer able to carry out its functions (b) Transfer. The ownership of any Bond may
or is otherwise determined unsatisfactory, or be transferred only upon the Registration Books
(ii) a determination by DTC that the Bonds are kept for the registration and transfer of Bonds
no longer eligible for its depository services or and only upon surrender thereof at the office of
(iii) a determination by the Paying Agent that the Registrar together with an assignment duly
DTC has resigned or discontinued its services executed by the holder or his duly authorized
for the Bonds, the Issuer shall (A) designate a attorney in fact in such form as shall be
satisfactory substitute depository as set forth satisfactory to the Registrar, along with the
below or, if a satisfactory substitute is not found, address and social security number or federal
(B) provide for the exchange of Depository employer identification number of such
Bonds for replacement Bonds in Authorized transferee (or, if registration is to be made in the
Denominations. name of multiple individuals, of all such
(d) If the Issuer determines to provide for the transferees). In the event that the address of
exchange of Depository Bonds for Bonds in the registered owner of a Bond (other than a
Authorized Denominations, the Issuer shall so registered owner which is the nominee of the
notify the Paying Agent and shall provide the broker or dealer in question) is that of a broker
Registrar with a supply of executed or dealer, there must be disclosed on the
unauthenticated Bonds to be so exchanged. Registration Books the information pertaining to
The Registrar shall thereupon notify the owners the registered owner required above. Upon the
of the Bonds and provide for such exchange, transfer of any such Bond, a new fully registered
and to the extent that the Beneficial Owners are Bond, of any denomination or denominations
designated as the transferee by the owners, the permitted by this Resolution in aggregate
Bonds will be delivered in appropriate form, principal amount equal to the unmatured and
content and Authorized Denominations to the unredeemed principal amount of such
Beneficial Owners, as their interests appear. transferred fully registered Bond, and bearing
(e) Any substitute depository shall be interest at the same rate and maturing on the
designated in writing by the Issuer to the Paying same date or dates shall be delivered by the
Agent. Any such substitute depository shall be a Registrar.
qualified and registered "clearing agency" as (c) Registration of Transferred Bonds. In all
provided in Section 17A of the Securities cases of the transfer of the Bonds, the Registrar
Exchange Act of 1934, as amended. The shall register, at the earliest practicable time, on
substitute depository shall provide for the Registration Books, the Bonds, in
(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
Regular Session, November 18, 2002 465
thereon, to the extent of the sum or sums so with satisfactory indemnity and complying with
paid. such other reasonable regulations as the Issuer
(e) Cancellation. All Bonds which have been or its agent may prescribe and paying such
redeemed shall not be reissued but shall be expenses as the Issuer may incur in connection
cancelled by the Registrar. All Bonds which are therewith.
cancelled by the Registrar shall be destroyed Section 10. Record Date. Payments of
and a certificate of the destruction thereof shall principal and interest, otherwise than upon full
be furnished promptly to the Issuer; provided redemption, made in respect of any Bond, shall
that if the Issuer shall so direct, the Registrar be made to the registered holder thereof or to
shall forward the cancelled Bonds to the Issuer. their designated agent as the same appear on
(f) Non-Presentment of Bonds. In the event the books of the Registrar on the 15th day
any payment check representing payment of preceding the payment date. All such payments
principal of or interest on the Bonds is returned shall fully discharge the obligations of the Issuer
to the Paying Agent or if any bond is not in respect of such Bonds to the extent of the
presented for payment of principal at the payments so made. Payment of principal shall
maturity or redemption date, if funds sufficient to only be made upon surrender of the Bond to the
pay such principal of or interest on Bonds shall Paying Agent.
have been made available to the Paying Agent Section 11. Execution, Authentication and
for the benefit of the owner thereof, all liability of Delivery of the Bonds. Upon the adoption of this
the Issuer to the owner thereof for such interest Resolution, the Mayor and Clerk shall execute
or payment of such Bonds shall forthwith cease, and deliver the Bonds to the Registrar, who shall
terminate and be completely discharged, and authenticate the Bonds and deliver the same to
thereupon it shall be the duty of the Paying or upon order of the Purchaser. No Bond shall
Agent to hold such funds, without liability for be valid or obligatory for any purpose or shall be
interest thereon, for the benefit of the owner of entitled to any right or benefit hereunder unless
such Bonds who shall thereafter be restricted the Registrar shall duly endorse and execute on
exclusively to such funds for any claim of such Bond a Certificate of Authentication
whatever nature on his part under this substantially in the form of the Certificate herein
Resolution or on, or with respect to, such set forth. Such Certificate upon any Bond
interest or Bonds. The Paying Agent's obligation executed on behalf of the Issuer shall be
to hold such funds shall continue for a period conclusive evidence that the Bond so
equal to two years and six months following the authenticated has been duly issued under this
date on which such interest or principal became Resolution and that the holder thereof is entitled
due, whether at maturity, or at the date fixed for to the benefits of this Resolution.
redemption thereof, or otherwise, at which time No Bonds shall be authenticated and delivered
the Paying Agent, shall surrender any remaining by the Registrar unless and until there shall
funds so held to the Issuer, whereupon any have been provided the following:
claim under this Resolution by the Owners of 1. A certified copy of the Resolution of Issuer
such interest or Bonds of whatever nature shall authorizing the issuance of the Bonds;
be made upon the Issuer. 2. A written order of Issuer signed by the
(g) Registration and Transfer Fees. The Treasurer of the Issuer directing the
Registrar may furnish to each owner, at the authentication and delivery of the Bonds to or
Issuer's expense, one bond for each annual upon the order of the Purchaser upon payment
maturity. The Registrar shall furnish additional of the purchase price as set forth therein;
bonds in lesser denominations (but not less than 3. The approving opinion of Ahlers, Cooney,
the minimum denomination) to an owner who so Dorweiler, Haynie, Smith & Allbee, P.C., Bond
requests. Counsel, concerning the validity and legality of
Section 9. Reissuance of Mutilated, Destroyed, all the Bonds proposed to be issued.
Stolen or Lost Bonds. In case any outstanding Section 12. Right to Name Substitute Paying
Bond shall become mutilated or be destroyed, Agent or Registrar. Issuer reserves the right to
stolen or lost, the Issuer shall at the request of name a substitute, successor Registrar or
Registrar authenticate and deliver a new Bond Paying Agent upon giving prompt written notice
of like tenor and amount as the Bond so to each registered bondholder.
mutilated, destroyed, stolen or lost, in exchange Section 13. Form of Bond. Bonds shall be
and substitution for such mutilated Bond to printed in substantial compliance with standards
Registrar, upon surrender of such mutilated proposed by the American Standards Institute
Bond, or in lieu of and substitution for the Bond substantially in the form as follows:
destroyed, stolen or lost, upon filing with the
Registrar evidence satisfactory to the Registrar
and Issuer that such Bond has been destroyed,
stolen or lost and proof of ownership thereof,
and upon furnishing the Registrar and Issuer
466 Regular Session, November 18, 2002
Regular Session, November 18, 2002 467
("DTC"), to the Issuer or its agent for registration
FIGURE 2 of transfer, exchange or payment, and any
(Back) certificate issued is registered in the name of
The text of the Bonds to be located thereon at Cede & Co. or such other name as requested by
the item numbers shown shall be as follows: an authorized representative of DTC (and any
Item 1, figure 1 = "STATE OF IOWA" payment is made to Cede & Co. or to such other
"COUNTY OF DUBUQUE" entity as is requested by an authorized
"CITY OF DUBUQUE" representative of DTC), ANY TRANSFER,
"GENERAL OBLIGATION BOND, SERIES PLEDGE OR OTHER USE HEREOF FOR
2002C" VALUE OR OTHERWISE BY OR TO ANY
Item 2, figure 1 = Rate: PERSON IS WRONGFUL inasmuch as the
Item 3, figure 1 = Maturity: registered owner hereof, Cede & Co., has an
Item 4, figure 1 = Bond Date: December 1, interest herein.
2002 Bonds maturing after June 1, 2012 may be
Item 5, figure 1 = Cusip No.: called for redemption by the Issuer and paid
Item 6, figure 1 = "Registered" before maturity on said date or any date
Item 7, figure 1 = Certificate No. thereafter, from any funds regardless of source,
Item 8, figure 1 = Principal Amount: $ in whole or from time to time in part, in any order
Item 9, figure 1 = The City of Dubuque, of maturity and within an annual maturity by lot.
Iowa, a municipal corporation organized and The terms of redemption shall be par, plus
existing under and by virtue of the Constitution accrued interest to date of call.
and laws of the State of Iowa (the "Issuer"), for Thirty days' notice of redemption shall be
value received, promises to pay from the source given by first class mail to the registered owner
and as hereinafter provided, on the maturity date of the Bond. Failure to give such notice by mail
indicated above, to to any registered owner of the Bonds or any
Item 9A, figure 1 = (Registration panel to be defect therein shall not affect the validity of any
completed by Registrar or Printer with name of proceedings for the redemption of the Bonds.
Registered Owner). All Bonds or portions thereof called for
Item 10, figure 1 = or registered assigns, the redemption will cease to bear interest after the
principal sum of (principal amount written out) specified redemption date, provided funds for
THOUSAND DOLLARS in lawful money of the their redemption are on deposit at the place of
United States of America, on the maturity date payment.
shown above, only upon presentation and If selection by lot within a maturity is required,
surrender hereof at the office of Wells Fargo the Registrar shall designate the Bonds to be
Bank Iowa, National Association, Paying Agent redeemed by random selection of the names of
of this issue, or its successor, with interest on the registered owners of the entire annual
said sum from the date hereof until paid at the maturity until the total amount of Bonds to be
rate per annum specified above, payable on called has been reached.
June 1, 2003, and semiannually thereafter on Ownership of this Bond may be transferred
the 1st day of June and December in each year. only by transfer upon the books kept for such
Interest and principal shall be paid to the purpose by Wells Fargo Bank Iowa, National
registered holder of the Bond as shown on the Association, the Registrar. Such transfer on the
records of ownership maintained by the books shall occur only upon presentation and
Registrar as of the 15th day preceding such surrender of this Bond at the office of the
interest payment date. Interest shall be Registrar as designated below, together with an
computed on the basis of a 360-day year of assignment duly executed by the owner hereof
twelve 30-day months. or his duly authorized attorney in the form as
This Bond is issued pursuant to the provisions shall be satisfactory to the Registrar. Issuer
of Section 384.25 of the City Code of Iowa, for reserves the right to substitute the Registrar and
the purpose of paying costs of the acquisition, Paying Agent but shall, however, promptly give
construction, improvement and equipping of notice to registered bondholders of such
waterworks and water main extensions, change. All bonds shall be negotiable as
including water treatment plant facilities and provided in Article 8 of the Uniform Commercial
water main extensions and improvements and Code and Section 384.31 of the Code of Iowa,
refunding and refinancing certain outstanding subject to the provisions for registration and
indebtedness of the City, consisting of the transfer contained in the Bond Resolution.
General Obligation Bonds, Series 1994, dated This Bond is a "qualified tax-exempt
May 1, 1994, 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
Trust Company, a limited purpose trust company all acts, conditions and things requisite,
468 Regular Session, November 18, 2002
according to the laws and Constitution of the constitute and appoint attorney in
State of Iowa, to exist, to be had, to be done, or fact to transfer the said Bond on the books kept
to be performed precedent to the lawful issue of for registration of the within Bond, with full power
this Bond, have been existent, had, done and of substitution in the premises.
performed as required by law; that provision has Dated .
been made for the levy of a sufficient continuing
annual tax on all the taxable property within the (Person(s) executing this Assignment sign(s)
territory of the Issuer for the payment of the here)
principal and interest of this Bond as the same SIGNATURE )
will respectively become due; that the faith, GUARANTEED)
credit, revenues and resources and all the real IMPORTANT - READ CAREFULLY
and personal property of the Issuer are The signature(s) to this Power must correspond
irrevocably pledged for the prompt payment with the name(s) as written upon the face of the
hereof, both principal and interest; and the total certificate(s) or bond(s) in every particular
indebtedness of the Issuer including this Bond, without alteration or enlargement or any change
does not exceed the constitutional or statutory whatever. Signature guarantee must be
limitations. provided in accordance with the prevailing
IN TESTIMONY WHEREOF, the Issuer by its standards and procedures of the Registrar and
Council, has caused this Bond to be signed by Transfer Agent. Such standards and
the manual signature of its Mayor and attested procedures may require signature to be
by the manual signature of its City Clerk, with guaranteed by certain eligible guarantor
the seal of said City impressed hereon, and to institutions that participate in a recognized
be authenticated by the manual signature of an signature guarantee program.
authorized representative of the Registrar, Wells INFORMATION REQUIRED FOR
Fargo Bank Iowa, National Association, Des REGISTRATION OF TRANSFER
Moines, Iowa. Name of Transferee(s)
Item 11, figure 1 = Date of authentication: Address of Transferee(s)
Item 12, figure 1 =This is one of the Bonds Social Security or Tax
described in the within mentioned Identification Number of
Resolution, as registered by Wells Fargo Bank Transferee(s)
Iowa, National Association. Transferee is a(n):
WELLS FARGO BANK IOWA, NATIONAL Individual* Corporation
ASSOCIATION, Registrar Partnership Trust
By: *If the Bond is to be registered in the names of
Authorized Signature multiple individual owners, the names of all such
Item 13, figure 1 = Registrar and Transfer owners and one address and social security
Agent: number must be provided.
Wells Fargo Bank Iowa, National Association The following abbreviations, when used in the
Paying Agent: Wells Fargo Bank Iowa, inscription on the face of this Bond, shall be
National Association construed as though written out in full according
Wells Fargo Bank Minnesota, N.A. to applicable laws or regulations:
Corporate Trust Operations TEN COM - as tenants in common
MAC N9303-121 TEN ENT - as tenants by the entireties
P. O. Box 1517 JT TEN - as joint tenants with right of
Minneapolis, MN 55480 survivorship and not as tenants in common
SEE REVERSE FOR CERTAIN DEFINITIONS IA UNIF TRANS MIN ACT -
Item 14, figure 1 = (Seal) ............Custodian............
Item 15, figure 1 = [Signature Block] (Cust) (Minor)
CITY OF DUBUQUE, IOWA under Iowa Uniform Transfers
By: (manual signature) to Minors Act...................
Mayor (State)
ATTEST: ADDITIONAL ABBREVIATIONS MAY
By: (manual signature) ALSO BE USED THOUGH NOT IN THE
City Clerk ABOVE LIST
Item 16, figure 2 = [Assignment Block] Section 14. Contract Between Issuer and
[Information Required for Registration] Purchaser. This Resolution constitutes a
ASSIGNMENT contract between said City and the purchaser of
For value received, the undersigned hereby the Bonds.
sells, assigns and transfers unto Section 15. Non-Arbitrage Covenants. The
____________________ (Social Security or Tax Issuer reasonably expects and covenants that
Identification No. ) the no use will be made of the proceeds from the
within Bond and does hereby irrevocably issuance and sale of the Bonds issued
Regular Session, November 18, 2002 469
hereunder which will cause any of the Bonds to to time outstanding that the Issuer through its
be classified as arbitrage bonds within the officers, (a) will make such further specific
meaning of Sections 148(a) and (b) of the covenants, representations and assurances as
Internal Revenue Code of the United States, as may be necessary or advisable; (b) comply with
amended, and that throughout the term of the all representations, covenants and assurances
Bonds it will comply with the requirements of contained in the Tax Exemption Certificate,
statutes and regulations issued thereunder. which Tax Exemption Certificate shall constitute
To the best knowledge and belief of the Issuer, a part of the contract between the Issuer and the
there are no facts or circumstances that would owners of the Bonds; (c) consult with bond
materially change the foregoing statements or counsel (as defined in the Tax Exemption
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. Continuing Disclosure. The applicable Federal law or regulations.
Issuer hereby covenants and agrees that it will Section 20. Qualified Tax-Exempt Obligations.
comply with and carry out all of the provisions of For the sole purpose of qualifying the Bonds as
the Continuing Disclosure Certificate, and the "Qualified Tax-Exempt Obligations" pursuant to
provisions of the Continuing Disclosure the Internal Revenue Code of the United States,
Certificate are hereby incorporated by reference the Issuer designates the Bonds as qualified
as part of this Resolution and made a part tax-exempt obligations and represents that the
hereof. Notwithstanding any other provision of reasonably anticipated amount of tax-exempt
this Resolution, failure of the Issuer to comply governmental and Code Section 501(c)3
with the Continuing Disclosure Certificate shall obligations which will be issued during the
not be considered an event of default under this current calendar year will not exceed Ten (10)
Resolution; however, any holder of the Bonds or Million Dollars.
Beneficial Owner may take such actions as may Section 21. Repeal of Conflicting Resolutions
be necessary and appropriate, including seeking or Ordinances. That all ordinances and
specific performance by court order, to cause resolutions and parts of ordinances and
the Issuer to comply with its obligations under resolutions in conflict herewith are hereby
the Continuing Disclosure Certificate. For repealed.
purposes of this section, "Beneficial Owner" PASSED AND APPROVED this 18th day of
means any person which (a) has the power, November, 2002.
directly or indirectly, to vote or consent with Terrance M. Duggan, Mayor
respect to, or to dispose of ownership of, any ATTEST: Jeanne F. Schneider, City Clerk
Bond (including persons holding Bonds through Buol moved adoption of the Resolution.
nominees, depositories or other intermediaries), Seconded by Michalski. Motion carried 7-0.
or (b) is treated as the owner of any Bonds for
federal income tax purposes. Taxiway Alpha Lighting: City Manager
Section 17. Severability Clause. If any recommending approval of a change order in the
section, paragraph, clause or provision of this amount of $8,958 to complete the lighting work
Resolution be held invalid, such invalidity shall on Taxiway Alpha NW at the Airport, presented
not affect any of the remaining provisions and read. Buol moved that the communication
hereof, and this Resolution shall become be received and filed and approved
effective immediately upon its passage and recommendation. Seconded by Michalski.
approval. Motion carried 7-0.
Section 18. Additional Covenants,
Representations and Warranties of the Issuer. Grandview Avenue United Methodist Church:
The Issuer certifies and covenants with the Communication from Jack Borchers, Chair of the
purchasers and holders of the Bonds from time Board of Trustees of Grandview Avenue United
470 Regular Session, November 18, 2002
Methodist Church, requesting the vacating of a That the Manager be authorized to cause to be
portion of an old roadway easement parallel to issued the following named applicants a Beer
John F. Kennedy Road and lying within Permit.
Grandview Avenue United Methodist Church CLASS “C” BEER PERMIT
property, presented and read. Buol moved that Iowa Oil Company IOCO Speede Shoppe
the communication be received and filed and #93+(Sunday Sale) 3270 Dodge St
referred to the City Manager. Seconded by Rainbo Oil Company Kwik Stop Food
Michalski. Motion carried 7-0. Mart+(Sunday Sale) 4039 Pennsylvania
Rainbo Oil Company Kwik Stop Food
Pennsylvania Avenue and Keyway Drive Mart+(Sunday Sale) 2297 University Ave
Intersection: In response to a citizen request, Rainbo Oil Company Kwik Stop Food
City Manager recommending that no changes Mart+(Sunday Sale) 1685 JFK Rd
th
be made to the intersection of Pennsylvania Passed, approved and adopted this 18 day
Avenue and Keyway Drive, presented and read. of November, 2002.
Buol moved that the communication be received Terrance M. Duggan, Mayor
and filed and concurred. Seconded by Attest: Jeanne F. Schneider, City Clerk
Michalski. Motion carried 7-0. Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Liquor License Refund: Request of Terry
RESOLUTION NO. 611-02
McInroy, Arby’s Q-Mart, for a refund in the
amount of $37.50 for his beer and liquor license, Whereas, applications for Liquor Licenses
presented and read. Buol moved that the have been submitted to this Council for approval
communication be received and filed and and the same have been examined and
approved request. Seconded by Michalski. approved; and
Motion carried 7-0. Whereas, the premises to be occupied by such
applicants were inspected and found to comply
Business Licenses: with the State Laws and all City Ordinances
relevant thereto and they have filed proper
RESOLUTION NO. 609-02
bonds.
NOW, THEREFORE, BE IT RESOLVED BY NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: DUBUQUE, IOWA:
That the following having complied with the That the Manager be authorized to cause to be
provisions of law relating to the sale of issued the following named applicants a Liquor
Cigarettes within the City of Dubuque, Iowa, be License.
granted a permit to sell Cigarettes and Cigarette CLASS “C” BEER/LIQUOR LICENSE
Papers within said City. Aragon Tap Aragon Tap+
NEW (Sunday Sale) 1103 Iowa St
The Lion of Judah Marc Thomas Millitzer Jorja Moore Jorja’s Restaurant+
200 Main St (Sunday Sale) 890 Iowa St
Passed, approved and adopted this 18th day SPECIAL CLASS “C” LIQUOR (BW)
of November, 2002. Mandarin Garden LLC Mandarin Garden+
Terrance M. Duggan, Mayor (Sunday Sale) 55 JFK Rd
th
Attest: Jeanne F. Schneider, City Clerk Passed, approved and adopted this 18 day of
Buol moved adoption of the Resolution. November, 2002.
Seconded by Michalski. Motion carried 7-0. Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION NO. 610-02
Buol moved adoption of the Resolution.
BEER Seconded by Michalski. Motion carried 7-0.
Whereas, applications for Beer Permits have
been submitted and filed to this Council for ITEMS TO BE SET FOR PUBLIC HEARING
approval and the same have been examined
and approved: and Embassy West Drive Sidewalk: City Manager
Whereas, the premises to be occupied by recommending that a public hearing be set for
such applicants were inspected and found to December 16, 2002 to consider the Embassy
comply with the Ordinances of the City and have West Drive sidewalk installation, presented and
filed proper bonds. read. Cline moved that the communication be
NOW, THEREFORE, BE IT RESOLVED BY received and filed. Seconded by Michalski.
THE CITY COUNCIL OF THE CITY OF Motion carried 7-0.
DUBUQUE, IOWA:
Regular Session, November 18, 2002 471
RESOLUTION NO. 612-02
NOW THEREFORE, BE IT RESOLVED BY
FIXING DATE OF HEARING ON PLANS AND
THE CITY COUNCIL OF THE CITY OF
SPECIFICATIONS FOR AMENDED 2000
DUBUQUE, IOWA:
SIDEWALK INSTALLATION PROGRAM AND
That the City Council deems it advisable to
DELETION OF CERTAIN PROPERTY
delete Embassy West Sub Bal Lot 1-1-A from
THEREFROM
the 2000 Sidewalk Installation Program, and
Whereas, the City Council of the City of unless property owners at the time of the final
Dubuque, Iowa gave its approval to the plans, consideration of this proposed resolution have
specifications, and form of contract for the 2000 on file with the City Clerk objections to the
Sidewalk Installation Program by adoption of Resolution of Necessity, they shall be deemed
Resolution No. 545-02. to have waived all objections pertaining to the
Whereas, the City Council now proposes to regularity of the proceeding and the legality of
delete certain property from the Program. eliminating the special assessment.
NOW THEREFORE, BE IT RESOLVED BY The above resolution was introduced,
THE CITY COUNCIL OF THE CITY OF approved and ordered placed on file with the
th
DUBUQUE, IOWA: City Clerk this 18 day of November, 2002.
th
That a Public Hearing will be held on the 16 Approved and placed on file for final action.
day of December, 2002, at 6:30 p.m. in the Terrance M. Duggan, Mayor
Public Library Auditorium at which time Attest: Jeanne F. Schneider, CMC, City Clerk
interested persons may appear and be heard for Cline moved adoption of the Resolution.
or against the proposed plans and specifications Seconded by Michalski. Motion carried 7-0.
and the deletions of the property legally
RESOLUTION NO. 614-02
described as Embassy West Subdivision Bal Lot
FIXING DATE OF HEARING ON RESOLUTION
1-1-A, located on Embassy West Drive at the
OF NECESSITY AMENDED 2000 SIDEWALK
northeasterly corner of Pennsylvania Avenue
INSTALLATION PROGRAM FOR DELETION
and Embassy West Drive from the 2000
OF CERTAIN PROPERTY THEREFROM
Sidewalk Installation Program, and the City
Clerk be and is hereby directed to cause a Whereas, the City Council of the City of
notice of time and place of such hearing to be Dubuque, Iowa, gave its approval to the
published in a newspaper having general proposed plans, specifications and form of
circulation in the City of Dubuque, Iowa, which contract for the 2000 Sidewalk Installation
notice shall be not less than four days nor more Program by adoption of Resolution No. 546-02;
than twenty days prior to the day fixed for its and
consideration. At the hearing, any interested Whereas, the City Council now proposes to
person may appear and file objections to the amend the plans and specifications by deleting
deletion of said property from the 2000 Sidewalk the property legally described as Embassy West
Installation Program. Sub Bal Lot 1-1-A, located on Embassy West
th
Passed, adopted and approved this 18 day of Drive at the northeasterly corner of
November, 2002. Pennsylvania Avenue and Embassy West Drive
Terrance M. Duggan, Mayor from said program; and
Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, a proposed Resolution of Necessity
Cline moved adoption of the Resolution. for the deletion of said property has been
Seconded by Michalski. Motion carried 7-0. introduced and is now on file in the City Clerk's
office for public inspection.
RESOLUTION NO. 613-02
NOW THEREFORE, BE IT RESOLVED BY
RESOLUTION OF NECESSITY
THE CITY COUNCIL OF THE CITY OF
AMENDED 2000 SIDEWALK INSTALLATION
DUBUQUE, IOWA:
th
PROGRAM AND DELETION OF CERTAIN
That on the 16 day of December, 2002, a
PROPERTY THEREFROM
public hearing will be held at 6:30 p.m. in the
Whereas, proposed plans have been duly Public Library Auditorium in the City of Dubuque
prepared and approved by the City Council of at which time the owners of property subject to
the City of Dubuque and are now on file in the assessment for the proposed improvement or
office of City Clerk showing among other things any other person having an interest in the matter
the amended plans and schedule and the may appear and be heard for or against the
amount proposed to be assessed against each making of the improvement and the assessment
lot and the valuation of each lot as filed by the against the lot or the deletion of said property
City Council, for the 2000 Sidewalk Installation from the Program, or the final adoption of a
Program; and Resolution of Necessity and the City Clerk be
Whereas, the City Council now proposes to and is hereby authorized and directed to cause
delete certain property from the Program. a notice of time and place of such hearing to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa, which
472 Regular Session, November 18, 2002
notice shall be published once each week for Willenborg. Michalski moved that Mr. Gonner
two consecutive weeks, the first publication of and Mr. Willenborg be reappointed to terms
which shall be not less than ten days prior to the which will expire 11/2/05. Seconded by Cline.
day fixed for its consideration. Unless property Motion carried 7-0.
owners at the time of the final consideration of
this proposed resolution have on file with the PUBLIC HEARINGS
City Clerk objections to the Resolution of
Necessity they shall be deemed to have waived Michalski moved that the rules be suspended
all objections thereto. to allow anyone present to speak. Seconded by
th
Passed, adopted and approved this 18 day of Cline. Motion carried 7-0.
November, 2002.
Terrance M. Duggan, Mayor Emerald Acres - Planned Unit Development
Attest: Jeanne F. Schneider, CMC, City Clerk District: Proof of publication on notice of hearing
Cline moved adoption of the Resolution. to consider an amendment to the PUD Planned
Seconded by Michalski. Motion carried 7-0. Unit Development District with a PR Planned
Residential designation to match the legal
RESOLUTION NO. 615-02
description of Emerald Acres No. 2 Final Plat as
RESOLUTION RESCINDING RESOLUTION
requested by Ed Tschiggfrie/T-Corp and Zoning
519-02 AND APPROVING IN LIEU THEREOF
Advisory Commission recommending approval,
A NEW PRELIMINARY SCHEDULE OF
presented and read. Markham moved that the
ASSESSMENTS FOR THE AMENDED 2000
proof and communication be received and filed.
SIDEWALK INSTALLATION PROGRAM
Seconded by Nicholson. Motion carried 7-0.
Whereas, the City Council adopted Resolution
519-02 dated October 7, 2002, approving the An Ordinance Amending Appendix A (the
Preliminary Schedule of Assessments for the Zoning Ordinance) of the City of Dubuque Code
2000 Sidewalk Installation Program; and of Ordinances by providing for the amendment
Whereas, the scope of the project has been of Ordinance No. 10-99 which adopted
amended to delete the property, thereby regulations for the Emerald Acres No. 2 PUD
eliminating all preliminary assessments for the Planned Unit Development District and
2002 Sidewalk Installation Program; and approving an amended Ordinance for the
Whereas, the balance of the sidewalks Emerald Acres No. 2 Planned Unit Development
included in the special assessment program District, presented and read.
have already been installed by each respective
property by a contractor of their choice.
OFFICIAL PUBLICATION
NOW THEREFORE, BE IT RESOLVED BY
ORDINANCE NO. 96-02
THE CITY COUNCIL OF THE CITY OF
AN ORDINANCE AMENDING APPENDIX A
DUBUQUE, IOWA:
(THE ZONING ORDINANCE) OF THE CITY OF
That Resolution No. 519-02 is hereby
DUBUQUE CODE OF ORDINANCES BY
rescinded.
PROVIDING FOR THE AMENDMENT OF
th
Passed, approved and adopted this 18 day of
ORDINANCE NO. 10-99 WHICH ADOPTED
November, 2002.
REGULATIONS FOR THE EMERALD ACRES
Terrance M. Duggan, Mayor
NO. 2 PUD PLANNED UNIT DEVELOPMENT
Attest: Jeanne F. Schneider, CMC, City Clerk
DISTRICT AND APPROVING AN AMENDED
Cline moved adoption of the Resolution.
ORDINANCE FOR THE EMERALD ACRES
Seconded by Michalski. Motion carried 7-0.
NO. 2 PLANNED UNIT DEVELOPMENT
DISTRICT.
BOARDS/COMMISSIONS
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
Applicants are invited to address the Council
DUBUQUE, IOWA:
regarding their desire to serve on the following
Section 1. That Appendix A (the Zoning
Commission: Environmental Stewardship
Ordinance) of the City of Dubuque Code of
Advisory Commission (Two unexpired 3-year
Ordinances is hereby amended by providing for
terms to expire 10/1/03 and 10/1/05);
the amendment of ordinance 10-99, which
Applicants: Daniel Calvert and Mark Henning.
adopted regulations for the Emerald Acres No. 2
Mr. Calvert and Mr. Henning both spoke
Planned Unit Development District and
requesting consideration for appointment.
approving an amended Ordinance for the
Emerald Acres No. 2 Planned unit Development
Appointments to the following Board:
District, a copy of which is attached to and made
Plumbing Board (One unexpired 3-year term to
a part hereof, to wit:
expire 11/2/04 and two 3-year terms to expire
Lot 2 of Lot 1 of SE 1/4 of the SE 1/4 Sec. 2
11/2/05 – Terms of Gonner and Willenborg);
T89N, R2E and to the centerline of the adjoining
Applicants: Stanley Gonner and Harlan
Regular Session, November 18, 2002 473
public right-of-way, all in the City of Dubuque, 6) Storm water control facilities will be installed
Iowa. as per City Engineering requirements.
Section 2. Pursuant to Iowa Code Section 7) Final site development plans shall be
414.5 (2001), and as an express condition of the submitted in accordance with Section 4-4 of the
reclassification, the undersigned property Zoning Ordinance prior to construction of any
owners agrees to the following conditions, all of buildings.
which the property owners further agrees are D. Open Space and Recreational Areas
reasonable and imposed to satisfy the public Open space and landscaping in the PUD District
needs that are caused directly by the zoning shall be regulated as follows:
reclassification: 1) Those areas not designated on the
A. Use Regulations. conceptual plan for development shall be
The following regulations shall apply to all uses maintained as open space, as defined by
made of land in the above-described PUD Section 8 of the Zoning Ordinance, by the
District: property owner and/or association.
1) Principal permitted uses for Zone A shall be E. Sign Regulations.
limited to: Signs in the PUD District shall be regulated as
a) Single-family detached dwellings--[11]. follows:
2) Principal permitted uses for Zone B shall be 1) Signs shall be allowed in the Planned
limited to: Residential development in accordance with the
a) Single-family detached dwellings--[11]. R-1 sign regulations of the Zoning Ordinance.
b) Two-family dwelling (duplex)--[11]. F. Additional Standards.
c) Multi-family dwelling (maximum six (6) 1) That the attached conceptual development
dwelling units)--[9]. plan shall constitute a preliminary subdivision
d) Townhouses (maximum six (6) dwelling plat, in accordance with Chapter 42, Subdivision
units)--[11]. Regulations, of the City of Dubuque Code of
3) Accessory uses shall include any use Ordinances.
customarily incidental and subordinate to the 2) That the property between the south right-of-
principal use it serves. way line of Tanzanite Drive and the south
[ ] Parking group--see Section 4-2 of the Zoning property line of Lot 2 of Lot 1 of SE 1/4 of SE
Ordinance. 1/4, Sec. 2 must comply with the regulations
B. Lot and Bulk Regulations. adopted for Alpine Heights Mobile Home Park
Development of land in the PUD District shall be Ordinance No. 72-98.
regulated as follows: G. Transfer of Ownership
1) Lots for single-family dwellings shall meet Transfer of ownership or lease of property in this
bulk regulations set forth in the Zoning PUD District shall include in the transfer or lease
Ordinance for the R-1 Single-Family Residential agreement a provision that the purchaser or
District. lessee acknowledges awareness of the
2) All multi-family residential structures in the conditions authorizing the establishment of the
Planned Residential development shall meet district.
bulk regulations set forth in the Zoning H. Reclassification of Subject Property.
Ordinance for the R-3 Moderate Density Multi-The City of Dubuque, Iowa, may initiate zoning
Family Residential District. reclassification proceedings to the AG
C. Performance Standards. Agricultural District in accordance with Section 6
The development and maintenance of uses in of the Zoning Ordinance if the property owners
this PUD District shall be established in fail to complete or maintain any of the conditions
conformance with Section 3-5.5 of the Zoning of this ordinance.
Ordinance and the following standards: I. Modifications.
1) Proposed public streets in the Planned Any modifications of this Ordinance must be
Residential development shall be designed and approved by the City Council in accordance with
built to City Engineering specifications. zoning reclassification proceedings of Section 6
2) Tanzanite Drive shall be constructed to a of the Zoning Ordinance.
width of 37 feet. J. Recording.
3) Erosion control devices shall be provided A copy of this ordinance shall be recorded at the
during all phases of construction of the Planned expense of the property owners with the
Residential development. Dubuque County Recorder as a permanent
4) Parking requirements for allowed uses shall record of the conditions accepted as part of this
be as per the parking group for the designated reclassification approval within ten (10) days
use, in accordance with Section 4-2 of the after the adoption of this ordinance. This
Zoning Ordinance. ordinance shall be binding upon the undersigned
5) Sidewalks shall be provided adjoining all and his/her heirs, successors and assigns.
public streets.
474 Regular Session, November 18, 2002
DUBUQUE CODE OF ORDINANCES FOR
Section 3. The foregoing amendment has
HEREINAFTER DESCRIBED PROPERTY
heretofore been reviewed by the Zoning
LOCATED NORTH OF ASBURY ROAD AND
Commission of the City of Dubuque, Iowa.
WEST OF THE NORTHWEST ARTERIALTO
Section 4. The foregoing amendment shall
AMEND ORDINANCE 44-99 THAT
take effect upon publication, as provided by law,
ESTABLISHED THE PUD PLANNED UNIT
and at such time that the herein described
DEVELOPMENT DISTRICT FOR ASBURY
property is legally annexed into the City of
PLAZA AND ADOPTING AMENDED SIGN
Dubuque, Iowa.
th
REGULATIONS.
Passed, approved and adopted this 18 day of
November 2002. NOW, THEREFORE, BE IT ORDAINED BY
Terrance M. Duggan, Mayor THE CITY COUNCIL OF THE CITY OF
ATTEST: Jeanne F. Schneider, City Clerk DUBUQUE, IOWA:
ACCEPTANCE OF ORDINANCE NO. 96-02 Section 1. That Appendix A (the Zoning
I, Edward D. Tschiggfrie, representing T-Corp., Ordinance) of the City of Dubuque Code of
having read the terms and conditions of the Ordinances is hereby amended by providing for
foregoing Ordinance No. 96–02 and being the amendment of ordinance 44-99, which
familiar with the conditions thereof, hereby adopted regulations for the Asbury Plaza
accept the same and agree to the conditions Planned Unit Development District and
required therein. approving an amended Ordinance for the
Dated this 18th day of November 2002. Asbury Plaza Planned Unit Development District
Edward D. Tschiggfrie for hereinafter described property, as shown in
Published officially in the Telegraph Herald Exhibit A and to the center line of the adjoining
th
newspaper this 25 day of November, 2002. public right-of-way, all in the City of Dubuque,
Jeanne F. Schneider, City Clerk Iowa, a copy of which is attached to and made a
1t 11/25 part hereof.
Markham moved that the requirement that a Section 2. Pursuant to Iowa Code Section
proposed Ordinance be considered and voted 414.5 (2001), and as an express condition of the
on for passage at two Council Meetings prior to reclassification, the undersigned property
the meeting at which it is to be finally passed be owners agrees to the following conditions, all of
suspended and further moved final which the property owners further agrees are
consideration and passage of the Ordinance. reasonable and imposed to satisfy the public
Seconded by Nicholson. Motion carried 7-0. needs that are caused directly by the zoning
reclassification:
Asbury Plaza Shopping Center - Planned Unit E. Sign Regulations.
Development District: Proof of publication on On-premise signage shall be provided in
notice of hearing to consider an amendment to compliance with the following:
the Asbury Plaza Shopping Center PUD 1) Center Identification signage: One (1)
Planned Unit Development District sign center identification sign located along the
regulations to allow four tenant identification Northwest Arterial (Highway 32) frontage. This
signs thirty feet in height and to allow an sign shall be a ground-mounted sign a maximum
unlimited number of wall-mounted tenant signs of twelve (12) feet high and twenty-five (25) feet
as requested by Mark Vondrak/Rubloff long.
Development Group, Inc. and Zoning Advisory 2) Tenant Identification signage:
Commission recommending approval, presented a) Four (4) tenant identification signs. Each
and read. Buol moved that the proof and sign shall be a ground-mounted sign a
communication be received and filed. Seconded maximum of thirty (30) feet high and twelve
by Markham. Motion carried 7-0. (12) feet long. Multiple tenants can be
displayed on these signs with square footage
An Ordinance Amending Appendix A (the to be allocated by the developer.
Zoning Ordinance) of the City of Dubuque Code b) Tenants occupying greater than 30,000
of Ordinances for hereinafter described property square feet of leased area shall be allowed an
located north of Asbury Road and west of the unlimited number of wall-mounted signs. The
Northwest Arterial to amend Ordinance 44-99 total aggregate square footage of wall-
that established the PUD Planned Unit mounted signs will be based on 20% of the
Development District for Asbury Plaza and front building wall area (corner spaces of inline
adopting amended sign regulations, presented buildings shall be allowed an unlimited number
and read. of signs the aggregate total square footage of
which shall not exceed 20% of the front
OFFICIAL PUBLICATION
building wall area and 20% of the side building
ORDINANCE NO. 97-02
wall area).
AN ORDINANCE AMENDING APPENDIX A
c) Tenants occupying less than 30,000
(THE ZONING ORDINANCE) OF THE CITY OF
square feet of leased area shall be allowed an
Regular Session, November 18, 2002 475
unlimited number of wall-mounted signs. The Published officially in the Telegraph Herald
st
total aggregate square footage of wall-newspaper this 21day of January, 2003.
mounted signs will be based on 10% of the Jeanne F. Schneider, City Clerk
front building wall area (corner spaces of inline 1t 1/21
buildings shall be allowed an unlimited number Buol moved that the requirement that a
of signs the aggregate total square footage of proposed Ordinance be considered and voted
which shall not exceed 10% of the front on for passage at two Council Meetings prior to
building wall area and 10% of the side building the meeting at which it is to be finally passed be
wall area). suspended and further moved final
3. Outlot signage: consideration and passage of the Ordinance.
a) Each outlot parcel shall be allowed wall-Seconded by Markham. Motion carried 7-0.
mounted signage as per the C-3 General
Commercial District sign regulations. The Tax Increment Financing: Town Clock Building
maximum number of signs per business is four Company/Cottingham and Butler: Proof of
(4). publication on notice of hearing to consider the
b) Each outlot parcel shall be allowed one Town Clock Building Company/Cottingham and
(1) freestanding sign, limited to 100 square Butler’s application for property tax rebates for
feet in size and a maximum height of 25 feet. historic properties, presented and read. Cline
4. Directional signs will be allowed as moved that the proof be received and filed.
permitted by C-3 General Commercial District Seconded by Nicholson. Motion carried 7-0.
sign regulations. Rhodes (Bud) Isenhart, 8908 Quail Ridge Ct.,
Section 3. The foregoing amendment has spoke in opposition to the proposed TIF.
heretofore been reviewed by the Zoning Dan LoBianco, Director of Dubuque Main
Commission of the City of Dubuque, Iowa. Street, spoke in favor of the project.
Section 4. The foregoing amendment shall
RESOLUTION NO. 616-02
take effect upon publication, as provided by law.
th
APPROVING AN APPLICATION FOR
Passed, approved and adopted this 18 day of
PROPERTY TAX REBATES FOR THE
November 2002.
RENOVATION OF CERTAIN HISTORIC
Terrance M. Duggan, Mayor
STRUCTURES APPROVING A TAX REBATE
Attest: Jeanne F. Schneider, City Clerk
AGREEMENT WITH TOWN CLOCK BUILDING
ACCEPTANCE OF ORDINANCE NO. 97-02
COMPANY/ COTTINGHAM & BUTLER
I , Mark Vondrak, representing Rubloff
Development Group, Inc., having read the terms Whereas, the City Council, after public
and conditions of the foregoing Ordinance No. hearing, duly adopted an Urban Renewal Plan
97-02 and being familiar with the conditions (the Plan) for the Downtown Dubuque Urban
thereof, hereby accept the same and agree to Renewal District (the District); and
the conditions required therein. Whereas, said Plan provides that the City may
th
Dated this 10 day of December, 2002. undertake special financing activities, including
Mark Vondrak loans or grants to private developers, to meet
EXHIBIT A the objectives of the Plan and to encourage the
MAP INSERTED HERE… development of the District; and
Whereas, the City Council has determined,
after consultation with the City of Dubuque
Historic Preservation Commission, that the
substantial renovation of the Town Clock
Building property, legally described as City Lot
54 in the City of Dubuque, Iowa has been
completed in accordance with Secretary of
Interior’s Standards for the treatment of Historic
properties, and that the Town Clock Building
Company/Cottingham & Butler is qualified under
Iowa Code Section 15A.1to receive such loan or
assistance for the expansion and the renovation
of the Town Clock Building in the District; and
Whereas, it is expected that the aggregate
amount of the Tax Increment Revenue
obligations will be $93,850 more or less due to
assessment increases and/or tax rate
adjustments; and
Whereas, pursuant to published notice, the
City Council has held a public hearing on the
proposition of obligating Tax Increment Revenue
476 Regular Session, November 18, 2002
CATIONS AND THE AWARD OF A
to assist the Town Clock Building
CONTRACT
Company/Cottingham & Butler, and has
considered and overruled any and all objections Whereas, on October 21, 2002, the City
thereto; and Council adopted Resolution No. 567-02 giving
Whereas, an application for Property Tax preliminary approval of the plans and
Rebates for Historic Structures, and a Property specifications and Resolution No. 569-02
Tax Rebate Agreement, both hereto attached directing the City Clerk to advertise for bids for
and by this reference made a part hereof, sets the City Hall Annex Roof and Gutter
forth the terms and conditions of a Property Tax Replacement Project; and
Rebate program for the renovation of the Town Whereas, the City Council has now deemed it
Clock Building, and the disbursement of Tax advisable to reject all bids received and re-
Increment proceeds to Town Clock Building advertise for bids.
Company / Cottingham & Butler. NOW THEREFORE, BE IT RESOLVED BY
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE,
THE CITY COUNCIL OF THE CITY OF IOWA:
DUBUQUE, IOWA: 1. That the bids heretofore received for the
Section 1. That the application of the Town City Hall Annex Roof and Gutter Replacement
Clock Building Company/Cottingham Butler for Project are hereby rejected.
property tax rebates for the Town Clock Building 2. That the City Clerk is hereby directed to
and City Lot 54 in the City of Dubuque, Iowa, advertise for bids for the construction of the
and reviewed by the City of Dubuque Historic improvements herein provided, to be published
Preservation Commission is hereby approved. in a newspaper having general circulation in the
Section 2. That the Tax Rebate Agreement by City of Dubuque, Iowa, which notice shall not be
and between the City of Dubuque, and the Town less than four days nor more than 45 days prior
Clock Building Company/Cottingham & Butler to the receipt of said bids at 2:00 p.m. on the
attached hereto is hereby approved. 10th day of December, 2002. Bids shall be
Section 3. That the Mayor and City Clerk are opened and read by the City Clerk at said time
hereby authorized to execute, on behalf of the and will be submitted to the Council for final
City of Dubuque, Iowa, said Property Tax action.
Rebate Agreement in substantially the form 3. That the amount of the security to
attached hereto, but with such changes as they, accompany each bid shall be in an amount
with the assistance of the Corporation Counsel, which shall conform to the provisions of the
find to be appropriate, their execution thereof to notice to bidders hereby approved as a part of
constitute this City Council's approval of said the plans and specifications heretofore adopted.
Property Tax Rebate Agreement. 4. That on the 16th day of December, 2002, a
Passed, approved and adopted this 18th day public hearing will be held at 6:30 p.m. in the
of November, 2002. Public Library Auditorium at which time
Terrance M. Duggan, Mayor interested persons may appear and be heard for
Attest: Jeanne F. Schneider, City Clerk or against the proposed plans and
Cline moved adoption of the Resolution. specifications, form of contract and cost of said
Seconded by Nicholson. Motion carried 7-0. improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
City Hall Annex Roof Replacement Project: place of such hearing to be published in a
Proof of publication on notice of hearing on newspaper having general circulation in the City
plans and specifications and awarding of the of Dubuque, Iowa, which notice shall be not less
contract for the City Hall Annex Roof than four days nor more than twenty days prior
Replacement Project and City Manager to the day fixed for its consideration. At the
recommending that the bids be rejected and the hearing, any interested person may appear and
project re-advertised for bid, presented and file objections to the proposed plans,
read. Cline moved that the proof and specifications, contract, or estimated cost of the
communication be received and filed and improvement.
recommendation approved. Seconded by Passed, approved and adopted this 18th day
Michalski. Motion carried 7-0. of November, 2002.
Terrance M. Duggan, Mayor
RESOLUTION NO. 617-02
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION REJECTING ALL BIDS FOR
Cline moved adoption of the Resolution.
THE CITY HALL ANNEX ROOF AND GUTTER
Seconded by Michalski. Motion carried 7-0.
REPLACEMENT PROJECT, AUTHORIZING
THE CITY CLERK TO RE-ADVERTISE FOR
Proposed Land Use Map Amendment: Proof
BIDS, AND SETTING A PUBLIC HEARING
of publication on notice of hearing to consider an
FOR DECEMBER 16, 2002, ON THE FINAL
amendment to the City’s land use map for a
APPROVAL OF PLANS AND SPECIFI-
proposed thirty-acre commercial development at
Regular Session, November 18, 2002 477
th
16 and Sycamore Streets and Long Range consideration and passage of the Ordinance.
Planning Advisory Commission recommending Seconded by Markham. Motion failed due to the
approval, presented and read. Cline moved following vote: Yeas—Duggan. Nays—
that the proof and communication be received Markham, Michalski, Nicholson, Buol, Cline,
and filed. Seconded by Connors. Carried by Connors.
the following vote: Yeas—Markham, Michalski,
Nicholson, Buol, Cline, Connors. Nays—None. Education and Conference Center – Naming:
Abstain—Duggan. Education and Conference Center Naming
Committee recommending that the Education
RESOLUTION NO. 618-02
and Conference Center in the Port of Dubuque
RESOLUTION AMENDING
be named the Grand River Center, presented
PROPOSED LAND USE MAP
and read. Buol moved that the communication
Whereas, the City Council has adopted a be received and filed and approved
Proposed Land Use Map as a component of the recommendation. Seconded by Connors.
Comprehensive Plan; and Carried by the following vote: Yeas—Markham,
Whereas, the Long Range Planning Advisory Michalski, Buol, Connors, Duggan. Nays—
Commission has recommended amendment of Nicholson, Cline.
the Proposed Land Use Map from heavy
industrial to commercial, as shown on the Arts Policy and Funding: City Manager
Exhibit, conditional to an easement for Bee recommending the formation of an Arts Policy
Branch storm water drainage; and and Funding Task Force to study the City
Whereas, the City Council has determined that Council’s Priority regarding this area, presented
this map amendment is in conformance with the and read. Michalski moved that the
Comprehensive Plan. communication be received and filed and
NOW THEREFORE, BE IT RESOLVED BY approved recommendation. Seconded by Buol.
THE CITY COUNCIL OF THE CITY OF Motion carried 7-0.
DUBUQUE, IOWA:
Section 1. That the Proposed Land Use Map Fiscal Year 2004 Policy Guidelines: City
is hereby amended from heavy industrial to Manager recommending adoption of the Fiscal
commercial, as shown on the exhibit, conditional Year 2004 Policy Guidelines for the City of
to an easement for Bee Branch storm water Dubuque, presented and read.
drainage. City Manager Michael Van Milligen gave a
th
Passed, approved and adopted this 18 day of presentation on the proposed Budget Policy
November 2002. Guidelines.
Terrance M. Duggan, Mayor Markham moved to receive and file the
Attest: Jeanne F. Schneider, City Clerk communication and adopt the Policy Guidelines.
Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0.
Seconded by Connors. Carried by the following
vote: Yeas—Markham, Michalski, Nicholson, COUNCIL MEMBER REPORTS
Buol, Cline, Connors. Nays—None. Abstain—
Duggan. Council commended the students from Senior
High School and the Boy Scouts that were in the
Buol moved that rules be reinstated limiting audience.
discussion to the Council. Seconded by
Nicholson. Motion carried 7-0. At 7:58 P.M. there being no further business,
Michalski moved to go into Closed Session re:
ACTION ITEMS Property Acquisition – Chapter 21.5(1)(j) 2001
Code of Iowa. Seconded by Cline. Motion
ARC Urban Revitalization Plan (Second carried 7-0.
Reading): An Ordinance Establishing the ARC
Urban Revitalization Area as an Urban At 8:09 P.M. Council reconvened Regular
Revitalization Area pursuant to Chapter 404 of Session stating that Staff had been given proper
the Code of Iowa, said Ordinance having been direction.
presented and read on 11/4/02, now presented
for further action. There being no further business, Michalski
Jon Romaine, Director of Area Residential moved to adjourn. Seconded by Cline. Motion
Care, spoke clarifying aspects of this project. carried 7-0. The meeting adjourned at 8:10 P.M.
Buol moved that the requirement that a
proposed Ordinance be considered and voted /s/ Jeanne F. Schneider, CMC
on for passage at two Council Meetings prior to City Clerk
the meeting at which it is to be finally passed be
suspended and further moved final 1t 11/27
478 Regular Session, November 18, 2002
Approved:__________________________2003
Adopted:___________________________2003
______________________________________
Mayor
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
Council Members
Attest:
______________________________________
City Clerk
Special Session, November 25, 2002 479
NOW, THEREFORE, BE IT RESOLVED BY
DUBUQUE
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
CITY COUNCIL
Section 1. That the report of the City Clerk
OFFICIAL
that no qualified competing proposals were
PROCEEDINGS
submitted by 10:00 a.m. on November 22, 2002,
for the purchase and development of the
City Council, Special Session, November 25,
Dubuque Hardwoods property be received, filed
2002
and adopted.
Council met in Special Session at 6:30 P.M. in
Section 2. That it is hereby determined that
the Library Auditorium
the proposal of Dubuque Initiatives for the
purchase and development of said property is
Present: Mayor Pro-Tem Buol, Council
the only proposal which satisfies the terms and
Members Cline, Connors, Markham, City
conditions set forth in Resolution No. 570-02
Manager Michael Van Milligen, Corporation
adopted by this Council on October 21, 2002.
th
Counsel Barry Lindahl.
Passed, approved and adopted this 25 day of
Absent: Mayor Duggan, Council Members
November, 2002.
Michalski, Nicholson.
Roy D. Buol, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Mayor Pro-Tem Buol read the call and stated
Markham moved adoption of the Resolution.
this is a special session of the City Council
Seconded by Cline. Motion carried 4-0.
called for the purpose of discussing the Port of
Dubuque land sale.
RESOLUTION NO. 620-02
ACCEPTING THE PROPOSAL OF DUBUQUE
Markham moved that the rules be suspended
INITIATIVES FOR THE PURCHASE AND
to allow anyone present to speak. Seconded by
DEVELOPMENT OF THE DUBUQUE
Cline. Motion carried 4-0.
HARDWOODS PROPERTY IN THE CITY OF
DUBUQUE, IOWA, AND APPROVING THE
Port of Dubuque Land Sale: Proof of
OFFER TO BUY REAL ESTATE AND
publication on notice of hearing to consider the
ACCEPTANCE FOR THE PROPERTY.
sale of property in the Port of Dubuque to
Whereas, this Council, by Resolution No. 570-
Dubuque Initiatives and City Manager
02 dated October 21, 2002:
recommending approval, presented and read.
1. Adopted terms and conditions for offering
Markham moved that the proof and
for sale certain real property in the Ice Harbor
communication be received and filed.
Urban Renewal District in the City of Dubuque,
Seconded by Cline. Motion carried 4-0.
Iowa, referred to as the Dubuque Hardwoods
property, for sale and development;
RESOLUTION NO. 619-02
2. Determined that the proposal submitted by
DETERMINING THAT THE PROPOSAL OF
Dubuque Initiatives satisfied the requirements of
DUBUQUE INITIATIVES TO PURCHASE THE
said offering;
DUBUQUE HARDWOODS PROPERTY IS IN
3. Declared its intent to accept the Dubuque
COMPLIANCE WITH THE TERMS OF THE
Initiatives proposal in the event no other
OFFERING FOR THE DISPOSITION OF THE
qualified proposals were timely submitted for the
DUBUQUE HARDWOODS PROPERTY IN THE
purchase and development of said property; and
CITY OF DUBUQUE, DUBUQUE COUNTY,
4. Invited competing proposals which met the
IOWA.
terms and conditions of said offering to be
Whereas, this Council, by Resolution No. 570-
submitted to the City Clerk on or before 10:00
02 dated October 21, 2002, nominated the City
a.m., November 22, 2002; and;
Clerk as agent of the City of Dubuque, Iowa, to
Whereas, on October 23, 2002, the text of said
receive and open on November 22, 2002, at
Resolution was published as the official notice of
10:00 a.m. proposals for the purchase and
this offering and of the intent of the City of
development of the Dubuque Hardwoods
Dubuque, Iowa, in the event no other qualified
property in accordance with the terms and
proposals were timely submitted, to approve the
conditions set forth in said resolution; and
Offer to Buy Real Estate and Acceptance
Whereas, the City had received a proposal,
submitted by Dubuque Initiatives; and
referred to in said resolution, from Dubuque
Whereas, by separate Resolution of this date,
Initiatives, which proposal meets the terms and
this Council has received and approved as its
conditions of Resolution No. 570-02; and
own the report of the City Clerk that no other
Whereas, the City Clerk has reported to this
qualified proposal was received; and
Council that no qualified, competing proposals
Whereas, it is the determination of this Council
were submitted.
that approval of the Offer to Buy Real Estate and
Acceptance from Dubuque Initiatives, attached
480 Special Session, November 25, 2002
hereto, is in the public interest of the citizens of
the City, and is consistent with the City’s Urban
Renewal Plan for the Ice Harbor Urban Renewal Approved:__________________________2003
District.
NOW, THEREFORE, BE IT RESOLVED BY Adopted:___________________________2003
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Offer to Buy Real ______________________________________
Estate and Acceptance by and between the City Mayor
of Dubuque and Dubuque Initiatives is in the
public interest of the citizens of the City of ______________________________________
Dubuque and in furtherance of the City’s Urban
Renewal Plan, and is hereby approved. ______________________________________
Section 2. That the Mayor is hereby
authorized and directed to execute said Offer to ______________________________________
Buy Real Estate and Acceptance on behalf of
the City and the City Clerk is authorized and ______________________________________
directed to attest to his signature.
Section 3. That the Mayor and City Clerk are ______________________________________
hereby authorized and directed to execute a
Warranty Deed for said property on behalf of the ______________________________________
City of Dubuque. Council Members
Section 4. That the City Manager is authorized
to take such actions as are necessary to comply Attest:
with the terms of the Offer to Buy Real Estate
and Acceptance as herein approved, including ______________________________________
the delivery of the Warranty Deed. City Clerk
th
Passed, approved and adopted this 25 day of
November, 2002.
Roy D. Buol, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 4-0.
There being no further business, Cline moved
to adjourn. Seconded by Connors. Motion
carried 4-0. The meeting adjourned at 6:39 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 12/4