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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 th 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. th $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 th 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. th $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 th 11 day of October, 2002. THE CITY COUNCIL OF THE CITY OF Whereas, said sealed proposals were opened DUBUQUE, IOWA: th 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 th 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: th 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 TH ON MAIN AND WEST 11 STREETSAFFORDABLE HOUSING ON MAIN AND TH 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 th 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 th 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 th 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 th 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 th 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 th 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 th 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 th 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