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Council Proceedings October 03 Regular Session, October 6, 2003 299 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, October 6, 2003 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl. Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. Invocation was given by Dr. Dan Thornton, Interim Pastor of Third Presbyterian Church. Proclamations: White Cane Safety Day (October 15, 2003) received by Shirley Conrad; World Food Prize Week (October 12 - 18, 2003) received by Dick Landis; and Make a Will Month (October, 2003) received by Ken Werth. CONSENT ITEMS Minutes and Reports Submitted: City Council of 9/15 and 9/26; Civil Service Commission of 7/30 and 9/5; Community Development Advisory Commission of 9/3; Downtown Planning Committee of 8/25 and 9/8; Electrical Code Board of 9/22; Five Flags of 8/18; Historic Preservation Commission of 8/21 and 9/18; Housing Code Appeals Board of 8/19; Housing Commission Trust Fund Committee of 9/12; Long Range Planning Advisory Commission of 8/20; Park and Recreation Commission of 9/23; Piumbing Board of 9/9; Zoning Advisory Commission of 9/3; Zoning Board of Adjustment of 8/28, presented and read. Buol moved that the minutes be received and filed. Seconded by Markham. Motion carried 7-0. Proofs of publication of City Council Proceedings of August 11, September 2, 3, and 4, 2003 and List of Claims and Summary of Revenues for month ending August 31, 2003, presented and read. Buol moved that the proofs be received and filed. Seconded by Markham. Motion carried 7-0. Printed Council Proceedings for month of July, 2003, presented and read. Buol moved that the proceedings be received and filed and approved as printed. Seconded by Markham. Motion carried 7-0. Notice of Claims/Suits: Amy Ellis for vehicle damage; Rachel Houselog for vehicle damage; Shawn Kohnen for vehicle damage; Kristina Keuter for vehicle damage; James Mess for towing expense; Sodarock Properties, LLC vs Board of Review of the City of Dubuque, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Markham. Motion carried 7-0. Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Mary Criss for personal injury; Charles Miller for personal injury, presented and read. Buol moved that the communications be received and filed and concurred. Seconded by Markham. Motion carried 7-0. Corporation Counsel recommending settlement of the claims of Rachael Houselog for vehicle damage; Shawn Kohnen for vehicle damage, and Paula Martens for property damage and directing the Finance Department to issue proper payment, presented and read. Buol moved that the communications be received and filed and concurred and Finance Director to issue proper payments. Seconded by Markham. Motion carried 7-0. Corporation Counsel recommending denial of the claim of Amy Ellis for vehicle damage, presented and read. Buol moved that the communication be received and filed and concurred. Seconded by Markham. Motion carried 7-0. Corporation Counsel recommending that the claim of Gary Nauman for vehicle damage be referred to the Greyhound Corporate Office, presented and read. Buol moved that the communication be received and filed and concurred. Seconded by Markham. Motion carried 7-0. Sodarock Properties, 1.1.C. Tax Appeal: Corporation Counsel submitting a Stipulation of Settlement of a tax assessment appeal for property located at 1607 Wingate Drive, presented and read. Buol moved that the communication be received and filed and approved Stipulation of Settlement. Seconded by Markham. Motion carried 7-0. Eagle Food Centers, Inc.: Communication from David W. Leifker regarding the closing of the Elm Street Eagle's store, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. 300 Regular Session, October 6, 2003 Notices of filing in the United States Bankruptcy Court for the Northern District of Illinois Eastern Division by Eagle Food Centers, Inc., et ai, notices of motion authorizing and approving the retention of Grafe Auction Company, Inc. as Liquidating Agent; and proposed agenda for September 30, 2003 hearings, presented and read. Buol moved that the communications be received and filed. Seconded by Markham. Motion carried 7-0. Downtown Comprehensive Plan: Commu- nication from Bob Feldemnan requesting that the City Council support the implementation of the Dubuque Downtown Comprehensive Plan by placing it in the Top Priority List, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Citizen Communications: Request of David A. Ludovissy and Alan Arzu to vacate the Hodgden Street/Steps located between 715 and 787 west Locust, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Markham. Motion carried 7-0. Request of Damian F. Arensdorf to purchase a portion of a City street/alley abutting his property at 2117 Saint Celia Street, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Markham. Motion carried 7-0. Communication of Mary Brashaw regarding the traffic situation around the Washington SchooULombard Street area, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Markham. Motion carried 7-0. USS Dubuque: Communication from LTJG Joe Goldsberry of the USS Dubuque, LPD-8 inviting the Mayor and City Council Members to take a cruise on the USS Dubuque during Fleet Week in San Diego, CA on October 4, 2003, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Account Clerk I, presented and read. September 5, 2003 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2003 Code of Iowa, an examination for the position of Account Clerk I was given on August 25, 2003. We hereby certify that the individuals listed on the attached sheet have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Respectfully submitted, Isl Merle Duehr, Chairperson Isl Loras Kluesner Isl Richard Wertzberger Civil Service Commission ACCOUNT CLERK Ryan M. Cline Eric M. Amberg Patrick R. Fitzsimons Rod W. Warnke Danielle M. Sons Karen S. Ohnesorge Gail A. Kuhle Jim H. Kopp Carl E. Heidesch Rebecca J. Cullum Deborah A. Michel Linda T. Goldsmith Patrick R. Coulthard Stacy A. Banowetz Charles C. Northrup, Jr. Jane M. Link Ellen O. Ernst Kelly l. Edmonds Kristina I. Keck Merilyn C. Tommaro Lisa K. Speth Deanne M. Roussel Mark J. Pitzen Pamela J. Akers Mark C. Westhoff Michelle Y. Scott Penny S. Roeder Adam J. Miller Kimberly A. Tsacudakis Sandra R. Spoerl Curran J. Smothers Shawn M. Slight Jacklyn A. McCoy Jenna M. Lanser Rosemary Hopkins Sharon A. Geers Joan l. Frye LouAnn K. Ward Lynn M. Noel Tami l. Lansing Kimberly K. Cook Mary J. Gerardy Buol moved that the communication be received and filed and made a matter of record. Seconded by Markham. Motion carried 7-0. Flora Pool Painting Project: City Manager recommending acceptance of the Flora Pool Painting Project in the final contract amount of $86,175.00, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 349-03 ACCEPTING IMPROVEMENT WHEREAS, the contract for the FLORA POOL PAINTING PROJECT has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount Regular Session, October 6, 2003 301 equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 350-03 FINAL ESTIMATE WHEREAS, the contract for the FLORA POOL PAINTING PROJECT has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby detemnined to be $86,175.00, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Port of Dubuque Utility Extension - Phase III Project: City Manager recommending acceptance of the Port of Dubuque Utility Extension - Phase III Project as completed by Stewart Construction In the final contract amount of $341,108.64, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7- O. RESOLUTION NO. 351-03 ACCEPTING IMPROVEMENT Whereas, the contract for the Port of Dubuque Utility Relocation and Extension Project - Phase III has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Moore Heights Sanitary Sewer Capital Improvement Project, General Watermaln Construction Fund, Wallis I Arrowhead Storm Sewer Project, and cable franchise fees in amounts equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 352-03 FINAL ESTIMATE Whereas, the contract for the Port of Dubuque Utility Relocation and Extension Project - Phase III has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby detemnined to be $392,274.94 and the said amount shall be paid from the Moore Heights Sanitary Sewer Capital Improvement Project, General Watermain Construction Fund, WallislArrowhead Storm Sewer Project, and cable franchise fees of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Peosta ChannellJaycee Trail Project: City Manager recommending acceptance of the Peosta ChannellJaycee Trail Project as completed by Tschiggfrie Excavating Co., In the final contract amount of $348,927.03, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 353-03 ACCEPTING IMPROVEMENT Whereas, the contract for the Dubuque Jaycees I Peosta Channel Trail Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the temns of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said 302 Regular Session, October 6, 2003 improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Heritage Trail Primary Route Capital Improvement budget of the City of Dubuque, Iowa, and the Iowa Department of Transportation Recreational Trails Grant in amounts equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 354-03 FINAL ESTIMATE Whereas, the contract for the Dubuque Jaycees I Peosta Channel Trail Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby detemnined to be $395,034.03 and the said amount shall be paid from the Heritage Trail Primary Route Capital Improvement budget of the City of Dubuque, Iowa, and the Iowa Department of Transportation Recreational Trails Grant. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Woodward Museum Restoration Project: City Manager recommending acceptance of the Woodward Museum Restoration Project as completed by Klauer Construction Company in the final contract amount of $83,069, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 355-03 ACCEPTING IMPROVEMENT Whereas, the contract for the Woodward Museum - 2000 Renovations Project, Contract No.3- Carpentry has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor in the amount equal to the amount of his contract, less any retained percentage provided for therein, and the City shall be reimbursed in the amount of 30% of said contract amount from the Dubuque County Historical Society and 70% of said contract amount from the Iowa Department of Transportation, TEA-21 Grant. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 356-03 FINAL ESTIMATE Whereas, the contract for the Woodward Museum - 2000 Renovations Project, Contract No.3 - Carpentry has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $83,069.00 and the said improvement shall be paid by the City as provided therein, and the City shall be reimbursed in the amount of 30% of said contract amount from the Dubuque County Historical Society and 70% of said contract amount from the Iowa Department of Transportation, TEA-21 Grant. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Railroad Depot Restoration Project: City Manager recommending acceptance of the Railroad Depot Restoration Project - Contract #7 as completed by Renaissance Restoration, Inc., in the final contract amount of $35,928 and Contract #8 as completed by Rafoth Sheet Metal, Inc. in the final contract amount of $99,747, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Regular Session, October 6, 2003 303 RESOLUTION NO. 357-03 ACCEPTING IMPROVEMENT Whereas, the contract for the Burlington Northern Railroad Depot Restoration Project, Contract No.7 - Finish Carpentry has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor in the amount equal to the amount of his contract, less any retained percentage provided for therein, and the City shall be reimbursed in the amount of 20% of said contract amount from the Dubuque County Historical Society and 80% of said contract amount from the Iowa Department of Transportation, TEA-21 Grant. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 358-03 FINAL ESTIMATE Whereas, the contract for the Burlington Northern Railroad Depot Restoration Project, Contract No.7 - Finish Carpentry has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby detemnined to be $35,928.00 and the said improvement shall be paid by the City as provided for therein, and the City shall be reimbursed in the amount of 20% of said contract amount from the Dubuque County Historical Society and 80% of said contract amount from the Iowa Department of Transportation, TEA-Grant. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 359-03 ACCEPTING IMPROVEMENT Whereas, the contract for the Burlington Northern Railroad Depot Restoration Project, Contract No.8 - Roofing has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor in the amount equal to the amount of his contract, less any retained percentage provided for therein, and the City shall be reimbursed in the amount of 20% of said contract amount from the Dubuque County Historical Society and 80% of said contract amount from the Iowa Department of Transportation, TEA-21 Grant. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 360-03 FINAL ESTIMATE Whereas, the contract for the Burlington Northern Railroad Depot Restoration Project, Contract No.8 - Roofing has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $99,747.00.00 and the said improvement shall be paid by the City as provided for therein, and the City shall be reimbursed in the amount of 20% of said contract amount from the Dubuque County Historical Society and 80% of said contract amount from the Iowa Department of Transportation, TEA-21 Grant. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. 304 Regular Session, October 6, 2003 Acceptance of Sanitary Sewer Easement - John F. Kennedy Road: City Manager recommending acceptance of a corrected sanitary sewer easement from Dubuque Community School District, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 361-03 A RESOLUTION ACCEPTING A SANITARY SEWER EASEMENT ON A PART OF LOT 2-3- 1 OF HELEN E. AND MARY H. STEWART SUBDIVISION IN THE CITY OF DUBUQUE Whereas, the Dubuque Community School District agreed to convey a sanitary sewer easement on a part of Lot 2-3-1 of Helen E. and Mary H. Stewart Subdivision, in the City of Dubuque, Iowa, as shown on the attached thereof; and Whereas, the Dubuque Community School District has executed an easement for sanitary sewer of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the sanitary sewer easement from the Dubuque Community School District, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Acceptance of Warranty Deed: City Manager recommending acceptance of a warranty deed from DuTrac Community Credit Union for a right- of-way purchase on South Way at Asbury Road, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 362-03 A RESOLUTION ACCEPTING A CONVEY- ANCE OF PROPERTY ON SOUTH WAY TO THE CITY OF DUBUQUE Whereas, DuTrac Community Credit Union agreed to convey Tract A of Lot 1 in Block 1 of Westchester Subdivision in the City of Dubuque, Dubuque County, Iowa, as shown on the Warranty Deed thereof; and Whereas, DuTrac Community Credit Union has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves and consents to the Warranty Deed from DuTrac Community Credit Union, copies of which are attached hereto, as acquired by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resoiution. Seconded by Markham. Motion carried 7-0. Alexander Company - Application for Historic Tax Credits: City Manager recommending that the City endorse The Alexander Company's applications for National Register certification and federal and state historic tax credits for the rehabilitation of the Star Brewery Company, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Iowa Brownfield Redevelopment Program Application: City Manager recommending approval of an iowa Brownfield Development Program application to the Iowa Department of Economic Development to assist with environmental remediation of City-owned property in the Port of Dubuque, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 363-03 A RESOLUTION ENDORSING THE SUBMIS- SION OF AN IOWA BROWNFIELD REDEVELOPMENT PROGRAM APPLICATION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR ENVIRONMENTAL REMEDIATION ACTIVITIES IN THE PORT OF DUBUQUE. Whereas, the City of Dubuque is interested in promoting further economic development opportunities in the Port of Dubuque area to retain and attract new job creating businesses to this community; and 'Whereas, the City of Dubuque and its America's River partners are investing over $188 million in the Port of Dubuque; and Whereas, petroleum contaminated property in the Port of Dubuque may hinder further Regular Session, October 6, 2003 305 investment in and development of key riverfront property; and Whereas, the Iowa Department of Economic Development, through its Iowa Brownfield Redevelopment Program, has monies available for the remediation of contaminated properties owned by municipalities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby endorses an application to the Iowa Department of Economic Development for Iowa Brownfield Redevelopment Program funding in the amount of $142,655 to assist in the remediation of petroleum contaminated property in the Port of Dubuque. Section 2. That the City Manager is authorized to sign, on behalf of the City Council, an application for Iowa Brownfield Redevelopment Program funding. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Thunderbirds' Contract: City Manager recommending approval of the rental agreement with Dubuque Hockey, Inc. (Thunderbirds) for use of the Five Flags Center for the 2003 - 2004 season, presented and read. Buol moved that the communication be received and filed and approved rental agreement. Seconded by Markham. Motion carried 7-0. Iowa Federal Recreational Trails Program: City Manager submitting a letter to the Iowa Federal Recreational Trails Program in support of the City of Farley's request for funding for their Heritage Trail Connection project, presented and read. Buol moved that the communication be received and filed and approved. Seconded by Markham. Motion carried 7-0. Federal Recreation Trail Grant - Pyatigorsk Park: City Manager recommending approval of the submission of a Federal Recreational Trails grant application for Pyatigorsk Park to the Iowa Department of Transportation, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 364-03 RESOLUTION AUTHORIZING A GRANT APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR FEDERAL RECREATIONAL TRAILS FUNDS FOR PYATIGORSK PARK Whereas, the City of Dubuque has identified Pyatigorsk Park as an important trailhead facility to be developed as part of the Heritage Trail Riverfront System and America's River Project; and Whereas, the Iowa Department of Transportation has Federal Recreational Trails Funds for the development of trail-related projects; and Whereas, the City of Dubuque has adopted a Comprehensive Plan and a Riverfront Plan that include goals for development of trailheads and public parks along the Heritage Trail Riverfront System. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign this resolution authorizing application to the Iowa Department of Transportation for Federal Recreational Trails Funds for Pyatigorsk Park. Section 2. The Planning Services Manager is hereby authorized to submit the application to the Iowa Department of Transportation for Federal Recreationai Trail Funds for Pyatigorsk Park. Section 3. That in the event said application is approved, the City Council hereby provides Its written assurance that the completed project will be adequately maintained for its intended use for a minimum of twenty (20) years following project completion. Passed, approved and adopted this 6th day of October 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. S. 150 - The Internet Nondiscrimination Act: City Manager recommending approval of the submittal of letters to Senator Charles Grassley and Senator Tom Harkin regarding concems with S. 150 - The Internet Nondiscrimination Act, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. United States Conference of Mayors: Communication from Tom Cochran, Executive Director, the United States Conference of Mayors, regarding the MTBE (methyl tertiary butyl ether) liability issue, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. City Manager submitting letters to Senator Grassley, Senator Harkin and Representative Nussle urging them to oppose any amendment to the comprehensive energy bill limiting liability for manufacturers of MTBE, presented and read. 306 Regular Session, October 6, 2003 Buol moved that the communications be received and filed and approved letters of opposition. Seconded by Markham. Motion carried 7-0. General Obiigation Bond Sale for Stormwater Projects: City Manager recommending approval of the final action for the issuance of the $2,100,000 General Obligation Bonds to support stomnwater projects, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7- O. RESOLUTION NO. 365-03 RESOLUTION APPOINTING WELLS FARGO BANK IOWA, NATIONAL ASSOCIATION OF DES MOINES, IOWA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, $2,110,000 General Obligation Bonds, Series 2003, dated October 15, 2003, have been sold at public sale and action should now be taken to provide for the maintenance of records, registration of certificates and payment of principal and interest in connection with the issuance of the Bonds; and WHEREAS, this Council has deemed that the services offered by Wells Fargo Bank Iowa, National Association of Des Moines, Iowa, are necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered Bonds; and WHEREAS, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement") has been prepared to be entered into between the City and Wells Fargo Bank Iowa, National Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1.That Wells Fargo Bank Iowa, National Association of Des Moines, Iowa, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $2,110,000 General Obligation Bonds, Series 2003, dated October 15, 2003. Section 2. That the Agreement with Wells Fargo Bank Iowa, National Association of Des Moines, Iowa, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 366-03 RESOLUTION AUTHORIZING AND PROVI- DING FOR THE ISSUANCE OF $2,110,000 GENERAL OBLIGATION BONDS, SERIES 2003, AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of funds to pay costs of the acquisition, construction, and installation of stomnwater and storm sewer utility facilities and improvements, including the Carter Detention Basin, 32nd Street Detention Basin land acquisition, stormwater ditch remediation, NPDES compliance activities, and other storm sewer, stream bank and detention basin improvements, an essential corporate purpose, and it Is deemed necessary and advisable that General Obligation Bonds in the amount of $2,110,000 be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds; and WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public sale and action should now be taken to issue said bonds confomning to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Definitions. The following temns shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: + "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. + "Beneficial Owner" shall mean the person in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the records of such Participant or such person's subrogee. + "Bond Fund" shall mean the fund created in Section 3 of this Resolution. + "Bonds" shall mean $2,110,000 General Obligation Bonds, Series 2003, authorized to be issued by this Resolution. + "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. Regular Session, October 6, 2003 307 + "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. +"Depository Bonds" shall mean the Bonds as issued in the fomn of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. + "DTC" shall mean The Depository Trust Company, New York, New York, a limited purpose trust company, or any successor book- entry securities depository appointed for the Bonds. +"Issuer" and "City" shall mean the City of Dubuque, Iowa. + "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. + "Paying Agent" shall mean Wells Fargo Bank Iowa, National Association, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issue~s agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. + "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. + "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. + "Registrar" shall mean Wells Fargo Bank Iowa, National Association of Des Moines, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. + "Representation Lette~' shall mean the Blanket Issuer Letter of Representations executed and delivered by the Issuer to DTC. + "Resolution" shall mean this resolution authorizing the Bonds. +"Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. +"Treasure~' shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. LeVY and Certffication of Annual Tax: Other Funds to be Used. (a) LeVY of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued there is hereby levied for each future year th~ following direct annual tax on all of the taxable property in Dubuque, Iowa, to-wit: FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION: $316,921 2004/2005 $157,188 2005/2006 $154,628 2006/2007 $157,068 2007/2008 $154,348 2008/2009 $151,628 2009/2010 $153,908 2010/2011 $155,848 2011/2012 $152,428 2012/2013 $153,865 2013/2014 $154,965 2014/2015 $155,765 2015/2016 $156,255 2016/2017 $156,425 2017/2018 $156,265 2018/2019 $155,765 2019/2020 $154,915 2020/2021 $153,705 2021/2022 $157,125 2022/2023 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2003, will be collected during the fiscal year commencing July 1, 2004). (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Dubuque County, Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptiy paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand In the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any 308 Regular Session, October 6, 2003 balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments pemnitted by Chapter 12B, Code of Iowa, 2003 (fomnerly Chapter 452, Code of Iowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in anyone financial institution shall be continuously secured in compliance with the State Sinking Fund provided under Chapter 12C of the Code of Iowa, 2003, as amended or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details Execution and Redemption. (a) Bond Details. General Obligation Bonds, Series 2003, of the City in the amount of $2,110,000, shall be issued pursuant to the provisions of Sections 384.24 and 384.25 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND, SERIES 2003", be dated October 15, 2003, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on June 1, 2004, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Interest Rate 3.20% 3.20 3.20 3.20 Principal Amount $105,000 80,000 80,000 80,000 Maturity June 1st 2004 2005 2006 2007 3.20 85,000 2008 3.20 85,000 2009 3.20 85,000 2010 3.40 90,000 2011 3.60 95,000 2012 3.75 95,000 2013 3.90 100,000 2014 4.00 105,000 2015 4.10 110,000 2016 4.20 115,000 2017 4.30 120,000 2018 4.40 125,000 2019 4.50 130,000 2020 4.60 135,000 2021 4.70 140,000 2022 4.75 150,000 2023 (b) Redemption. Bonds maturing after June 1, 2013 may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by first class mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specilied redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Section 7. Issuance of Bonds in Book-Entrv Form' Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer detemnines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi-annual interest for any Depository Bond shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. Regular Session, October 6, 2003 309 (b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with respect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any amount with respect to the principal of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any infomnation or notification on behalf of any Participant or Beneficial Owner. The issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the principal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bondholder consents, in accordance with the practices and procedures of DTC as may be applicabie thereto). The Paying Agent shali pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Registration Books, and ali such payments shall be valid and effective to fuliy satisfy and discharge the Issuer's obiigations with respect to the principal of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relating to the surrender of Bonds, registration thereof, and issuance in Authorized Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the Representation Letter and the procedures and practices of DTC thereunder, and the Paying Agent shall comply therewith. (c) Upon (i) a detemnination by the Issuer that DTC is no longer able to carry out its functions or is otherwise detemnined unsatisfactory, or (ii) a detemnination by DTC that the Bonds are no longer eligible for its depository services or (iii) a detemnination by the Paying Agent that DTC has resigned or discontinued its services for the Bonds, the Issuer shall (A) designate a satisfactory substitute depository as set forth below or, if a satisfactory substitute is not found, (B) provide for the. exchange of Depository Bonds for replacement Bonds in Authorized Denominations. (d) If the Issuer determines to provide for the exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, content and Authorized Denominations to the Beneficial Owners, as their interests appear. (e) Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Bonds, (iI) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. Section 8. Reqistration of Bonds: Appointment of Reqistrar' Transfer' Ownership' Delivery: and Cancellation. (a) Reqistration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Wells Fargo Bank Iowa, National Association is hereby appointed as Bond Registrar under the temns of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender 1 thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identffication number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such 310 Regular Session, October 6, 2003 transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations pemnitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Reqistration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Reqistration and Transfer Fees. The Registrar may furnish to each owner, at the Issue~s expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated Destroved Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made In respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution Authentication and Deliverv of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the fomn of the Certificate herein Regular Session, October 6, 2003 311 set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A wrttten order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Riaht to Name Substitute Pavina Aaent or Reoistrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the ¡omn as follows: 312 Regular Session, October 6, 2003 The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 = "STATE OF IOWA" "COUNTY OF DUBUQUE" "CITY OF DUBUQUE" "GENERAL OBLIGATION BOND" "SERIES 2003" Item 2, figure 1 = Rate: Item 3, figure 1 = Maturity: Item 4, figure 1 = Bond Date: October 15, 2003 Item 5, figure 1 = Cusip No.; Item 6, figure 1 = "Registered" Item 7, figure 1 = Certificate No. Item 8, figure 1 = Principal Amount: $ Item 9, figure 1 = The City of Dubuque, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issue~'), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (DrinciDal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of Wells Fargo Bank Iowa, National Association, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on June 1, 2004, and semiannually thereafter on the 1st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 3D-day months. This Bond is issued pursuant to the provisions of Sections 384.24 and 384.25 of the City Code of Iowa, for the purpose of paying costs of the acquisition, construction, and installation of stormwater and storm sewer utility facilities and improvements, including the Carter Detention Basin, 32nd Street Detention Basin land acquisition, stormwater ditch remediation, NPDES compliance activities, and other storm sewer, stream bank and detention basin improvements, in conformity to a Resolution of the Council of said City duly passed and approved. Unless this certfficate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company ("DTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after June 1, 2013 may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by first class mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by Wells Fargo Bank Iowa, National Association, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All Bonds shall be negotiable as provided in Article 8 of the Unlfomn Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. This Bond is a "qualified tax-exempt obligation" designated by the City for purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or Regular Session, October 6, 2003 313 to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by Its Council, has caused this Bond to be signed by the manual signature of its Mayor and attested by the manual signature of its City Clerk, with the seal of said City impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, Wells Fargo Bank Iowa, National Association, Des Moines, Iowa. Item 11, figure 1 = Date of authentication: Item 12, figure 1 = This is one of the Bonds described in the within mentioned Resolution, as registered by Wells Fargo Bank Iowa, National Association. WELLS FARGO BANK IOWA, NATIONAL ASSOCIATION, Registrar By: Authorized Signature Item 13, figure 1 = Registrar and Transfer Agent: Wells Fargo Bank Iowa, National Association Paying Agent: Wells Fargo Bank Iowa, National Association Wells Fargo Bank Minnesota, NA Corporate Trust Operations MAC N9303-121 P. O. Box 1517 Minneapolis, MN 55480 SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block] CITY OF DUBUQUE, IOWA By: (manual sianature) Mayor ATTEST: By: City Clerk Item 16, figure 2 = [Assignment Block] [Infomnation Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept (manual sianature) for registration of the within Bond, with full power of substitution in the premises. Dated (Person(s) executing this Assignment sign(s) here) SIGNATURE) GUARANTEED) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that parlicipate in a recognized signature guarantee program. INFORMATION REQUIRED REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual' - Corporation Partnership - Trust 'If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM. as tenants in common TEN ENT - as tenants by the entireties JTTEN -as joint tenants with right of survivorship and not as tenants in common IA UNIF TRANS MIN ACT ............Custodian............ (Cust) (Minor) under Iowa Uniform Transfers to Minors Act................... (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 15. Non-Arbitraae Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Sections 148(a) and (b) of the FOR 314 Regular Session, October 6, 2003 Internal Revenue Code of the United States, as amended, and that throughout the temn of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer Is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 16. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 17. Continuina Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific perfomnance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owne~' means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intemnediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 18. Additional Covenants Reoresentations and Warranties of the Issuer. The Issuer certffies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (e) file such fornes, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attomeys and other persons to assist the Issuer in such compliance. Section 19. Amendment of Resolution to Maintain Tax Exemotion. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 20. Qualified Tax-Exemot Obliaations. For the sole purpose of qualifying the Bonds as "Qualified Tax-Exempt Obligations" pursuant to the Internal Revenue Code of the United States, the Issuer designates the Bonds as qualified tax- exempt obligations and represents that the reasonably anticipated amount of tax-exempt governmental and Code Section 501 (c)3 obligations which will be issued during the current calendar year will not exceed Ten (10) Million Dollars. Section 21. Reoeal of Conflictina Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. PASSED AND APPROVED this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Homeownership Assistance Funds (PATH): City Manager recommending approval of an application to the Federal Home Loan Bank (FHLB) for an Affordable Housing Program grant (PATH Pathways Affordable to Homeownership) to assist income-qualifying families to purchase a home, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 367-03 A RESOLUTION AUTHORIZING SPONSOR- SHIP OF AN APPLICATION TO THE FEDERAL HOME LOAN BANK OF DES Regular Session, October 6, 2003 315 MOINES FOR AFFORDABLE HOUSING PROGRAM FUNDS. Whereas, the Federal Home Loan Bank has published notice of availability of funds under the Affordable Housing Program; and Whereas, local member FHLB lending institutions have agreed to submit an application for these funds, for a program of homeownership assistance to lower-income households; and Whereas, the City's Consolidated Plan promotes the objectives of homeownership assistance and stabilization of target neighborhoods; and Whereas, provision of homeownership opportunities to the City's working families is a necessary complement to on-going economic development efforts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. The Mayor is hereby authorized to execute this resolution in sponsorship of an application to the Federal Home Loan Bank for Affordable Housing Program funds, to assist lower-income families to purchase homes. Section 2. This resolution shall take effect immediately. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Voluntary Annexation Request - Kenneth and Maurine Harris: City Manager submitting a request for voluntary annexation from Kenneth and Maurine Harris, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7- O. Mississippi River's Edge Plaza and Atternate Components Project: City Manager recommending acceptance of the Mississippi River's Edge Plaza and Alternate Components Project as completed by Renaissance Construction in the final contract amount of $767,761.20, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 368-03 ACCEPTING IMPROVEMENT Whereas, the contract for the Mississippi Riverwalk Phase I - River's Edge Plaza and Altemate Component has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the temns of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 369-03 FINAL ESTIMATE Whereas, the contract for the Mississippi Riverwalk Phase I - River's Edge Plaza and Alternate Component has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby detemnined to be $767,761.20 and the said amount shall be paid from the General Fund. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Business License Refund: Request of Eagle Food Centers, Inc., 300 South Locust, for a refund of the cigarette license in the amount of $75.00, presented and read. Buol moved that the communication be received and filed and approved refund. Seconded by Markham. Motion carried 7-0. Business Licenses: RESOLUTION NO. 370-03 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be 316 Regular Session, October 6, 2003 granted a pemnit to sell Cigarettes and Cigarette Papers within said City. NEW Eagle Country Market Downtown Eagle Inc. 1800 Elm St Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 371-03 BEER Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Downtown Eagle Inc. Eagle Country Market+ (Sunday Sales) 1800 Elm St Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 372-03 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE Dog Gone, Inc. Dog House+ (Sunday/Outdoor Sale) 1646 Asbury Rd James Kohl Grand Tap+ (Sunday Sale) 802 Central Av Platinum Hospitality Grand River Center+ (Sunday/Outdoor Sale) 500 Bell SPECIAL CLASS "C" LIQUOR LICENSE Café Manna Java, LLC Café Manna Java+ (Sunday Sale) 269 Main St CLASS "B" WINE PERMIT Downtown Eagle Inc. Eagle County Market 1800 Elm St CLASS "E" LIQUOR LICENSE Downtown Eagle Inc. Eagle Country Market 1800 Elm St Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Vacating Petition - John F. Kennedy Roadway Easement: City Manager recommending that a public hearing be set for October 20, 2003 to consider a request from Grand View Avenue United Methodist Church to vacate a portion of John F. Kennedy Road easement, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 373-03 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE A PORTION OF THE JOHN F. KENNEDY ROADWAY AND UTILITY EASEMENT OVER LOT 1 AND LOT 2 OF BARTON RANDLE ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Grand View United Methodist Church is the current owner of Lot 1 and Lot 2 of Barton Randle Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, an unused roadway and utility easement is currently platted on said lots; and Whereas, Grand View United Methodist Church has petitioned to vacate the easement in said lots. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest and vacate a portion of the John F. Kennedy Road roadway and utility easement over Lot 1 and Lot 2 of Barton Randle Addition in the City of Dubuque, as shown on the attached Exhibit A. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to be published as prescribed under Section 364.7 Code of Iowa, 1999 or amended. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and set this for Public Hearing on 10/20103 at a Regular Session, October 6, 2003 317 meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Connors. Motion carried 7-0. Economic Development Grant - Adams Company: City Manager recommending that a public hearing be set for October 20, 2003 to consider the issuance of not to exceed $500,000 in General Obligation Capital Loan Notes to support the Adams Company expansion project at the Dubuque Industrial Center West, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 374-03 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $500,000 GENERAL OBLIGATION CAPITAL LOAN NOTES OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa, should provide for the authorization of a Loan Agreement and the issuance of General Obligation Capital Loan Notes to the amount of not to exceed $500,000, as authorized by Sections 384.24, 384.24A and 384.25, Code of Iowa, as amended, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, the Loan Agreement and Notes shall be payable from the Debt Service Fund but will be subject to abatement from other available revenue sources; and WHEREAS, before a Loan Agreement may be authorized and General Obligation Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan Agreement and Notes and to receive oral andlor written objections from any resident or property owner of the City to such action and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Auditorium, Camegie-Stout Public Library, Dubuque, Iowa, at 6:30 o'clock P.M., on the 20th day of October, 2003, for the purpose of taking action on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $500,000 General Obligation Capital Loan Notes to evidence the obligations of the City thereunder for an essential corporate purpose of the City, the proceeds of which will be used to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Iowa Code and the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, including those costs associated with the funding of an economic development grant to the Adams Company under the Development Agreement dated May 19, 2003 between the City and said developer. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said Notes. Section 3. The notice of the proposed action shall be in substantially the following form: NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $500,000 GENERAL OBLIGATION CAPITAL LOAN NOTES (FOR AN ESSENTIAL CORPORATE PURPOSE) AND THE PUBLIC HEARING ON THE AUTHORIZATION AND iSSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on the 20th day of October, 2003, at 6:30 o'clock P.M., in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the authorization of a Loan Agreement and the issuance of not to exceed $500,000 General Obligation Capital Loan Notes for an essential corporate purpose of the City, in order to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Iowa Code and the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, including those costs associated with the funding of an economic development grant to the Adams Company under the Development Agreement dated May 19, 2003 between the City and said developer. Principal and interest on the proposed Loan Agreement will be payable from the Debt Service Fund, subject to abatement from other available revenue sources. At any time before the date of said meeting, a petition asking that the question of entering into 318 Regular Session, October 6, 2003 a loan agreement and issuing such Notes be submitted to the legal voters of the City, may be fiied with the Clerk of the City in the manner provided by Section 362.4 of the City Code of Iowa pursuantto Section 384.24(3)(q) of the City Code of Iowa. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the authorization of a Loan Agreement and the issuance of Notes to evidence the obligation of the City thereunder or will abandon the proposal. This Notice is given by order of the Council of Dubuque, Iowa, as provided by Sections 384.24(3)(q), 384.24A and 384.25 of the City Code of Iowa, as amended. Dated this - day of -' 2003. City Clerk of Dubuque, Iowa (End of Notice) PASSED AND APPROVED this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set the date of Public Hearing as 10/20/03 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Connors. Motion carried 7-0. Dubuque Bank and Trust Tunnel Easement: City Manager recommending that a public hearing be set for October 20, 2003 to consider a request from Dubuque Bank and Trust to enter into a tunnel easement agreement to construct a tunnel within the public right-of-way of Central Avenue, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 375-03 RESOLUTION OF INTENT TO DISPOSE OF A PORTION OF THE CITY'S INTEREST UNDER A PORTION OF CENTRAL AVENUE BETWEEN 13TH AND 14TH STREETS IN THE CITY OF DUBUQUE Whereas, Dubuque Bank & Trust desires to construct a tunnel between its two building locations on the east and west side of Central Avenue between 13th and 14th Streets; and Whereas, construction plans have been submitted to the City and have been approved by the Building Services Department and the Planning Service Department; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that this underground portion of Central Avenue is not required for public use, and the request for a Tunnel Easement Agreement for construction of said tunnel should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to issue a Grant of Easement for the construction of a tunnel under Central Avenue, between 13th and 14th Streets; and Section 2. That the conveyance of the Easement to Dubuque Bank & Trust be contingent upon the payment of one dollar ($1.00), plus platling, publication, and filing fees. Section 3. That the conveyance of said easement also be contingent upon Dubuque Bank & Trust's receipt of a construction permit from the Iowa Department of Transportation. Section 4. That the City of Dubuque reserves unto itself the perpetual right for the purpose of erecting, installing, constructing, reconstructing, maintaining, owning, operating and repairing sewer, drainage, gas, telephone, t.v. cable, and electric lines above or below said tunnel as such utilities would not interfere with the existence of the tunnel. Section 5. That the City Clerk be and is hereby directed to cause a Notice of Intent to dispose of a portion of the City's interest in said real estate by a Tunnel Easement Agreement for the construction of a tunnel, to be published in the manner as described by law. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and set this for public hearing on 10/20/03 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Connors. Motion carried 7"0. PUBLIC HEARINGS Buol moved that the rules be suspended to allow anyone present to speak. Seconded by Michalski. Motion carried 7-0. Vacating Petition - South Way at Asbury Road: Proof of publication on notice of hearing to consider a request from Clarence P. Pfohl to vacate a portion of South Way at Asbury Road and City Manager recommending approval, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried 7-0. Don pfohl, 1895 Bennett, spoke in support of the disposition. RESOLUTION NO. 376-03 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1A OF PART OF SOUTH Regular Session, October 6, 2003 319 WAY IN BLOCK 10 IN WESTCHESTER SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 19th day of September, 2003, the City Council of the City of Dubuque, Iowa met on the 6th day of October, 2003, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 1A of Part of South Way in Block 10 in Westchester Subdivision in the City of Dubuque, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 1A of Part of South Way in Block 10 in Westchester Subdivision in tihe City of Dubuque, Iowa to Clarence P. Pfohl be and the same is hereby approved for the sum of $1.00 plus costs of surveying, platting, publication and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Clarence P. Pfohl upon receipt of the purchase price in full. Section 3. The City reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of survey of Lot 1A of part of South Way in Block 10 in Westchester Subdivision. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Subordination Agreement - Premier Bank: Proof of publication on notice of hearing to consider approval of a Subordination Agreement with Premier Bank related to the City's mortgage interest in property located at 101 - 123 Main Street and City Manager recommending approval, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 377-03 RESOLUTION AUTHORIZING A SUBOR- DINATION AGREEMENT IN REGARD TO A MORTGAGE INTEREST IN CITY LOT 80 AND THE SOUTH 1 AND 5/12 FEET OF LOT 79 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to Resolution No. 328-03 and published notice of time and place of hearing, the City Council of the City of Dubuque, Iowa, met on October 6, 2003, to consider the proposal to dispose of interest in certain real estate by executing a Subordination Agreement for a Real Estate Mortgage filed October 4, 1996, as Instrument No. 11847-96, as to the following described real estate: City Lot 80 and the South 1 and 5/12 Feet of Lot 79 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council overruled any and all objections, oral or written, to dispose of interests of the City of Dubuque, Iowa, in the above-described real estate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute said Subordination Agreement, attached hereto and made a part hereof, on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of October 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Chestnut Street Reconstruction Project: Proofs of publication on notice of hearing to consider adoption of the plans and specifications and Resolution of Necessity for the Chestnut Street Reconstruction Project and City Manager recommending approval, presented and read. Buol moved that the proofs and communications be received and filed. Seconded by Connors. Motion carried 7-0. Pam Bradford, 1245 Highland Place, spake and submitted a petition and pictures and objected to the plans to widen the street and resultant loss of trees. 320 Regular Session, October 6, 2003 Roman Ciapalo, 1209 Highland Place, spoke and submitted a petition and pictures and requested the rescinding of the project concerning the portion of sidewalk from Dell St. to Highland St. Bethany Golombeski, 1295 Prairie, spoke in opposition to sidewalks and in support of retaining original aspects of the street. RESOLUTION NO. 378-03 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 10th day of September, 2003, plans, specifications, fomn of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Chestnut Street (Highland to Cox) Reconstruction Project. Whereas, notice of hearing on plans, specifications, fomn of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, fomn of contract and estimated cost are hereby approved as the plans, specifications, fomn of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution, as amended, with the amendment to leave the street width at 29.5 feet and remove the sidewalks between Dell St. and Highland. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 379-03 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE CHESTNUT STREET (HIGHLAND TO COX) RECONSTRUCTION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the Chestnut Street (Highland to Cox) Reconstruction Project, has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: - Adopted, without amendment, and all objections filed or made having been duly considered are overruled. ..2S.- Adopted as amended by the Schedule of Assessments attached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. - Deferred for later consideration to a City Council meeting to be held on the - day of , 2003, next at 6:30 p.m. in the Public Library Auditorium, with jurisdiction retained for further consideration and action at the adjourned meeting. - Abandoned. Passed, adopted and approved 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption, as amended, of the Resolution with the amendment to leave the street width at 29.5 feet and remove the sidewalks between Dell St. and Highland. Seconded by Connors. Motion carried 7-0. Carter Road Detention Basin Project: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Carter Road Detention Basin Project to Tschiggfrie Excavating in the amount of $590,316.35, presented and read. Buol moved that the proofs and communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 380-03 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 27th day of August, 2003, plans, specifications, fomn of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Carter Road Detention Basin Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Regular Session, October 6, 2003 321 RESOLUTION NO. 381-03 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Carter Road Detention Basin Project pursuant to Resolution No. 310-03 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 5th day of September, 2003. Whereas, said sealed proposais were opened and read on the 30th day of September, 2003, and it has been detemnined that the bid of Tschiggfrie Excavating Co. of Dubuque, Iowa, in the amount of $590,316.35 was the lowest bid for the furnishings of all iabor and materiais and perfomning the work as provided for in the plans and specifications. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Tschiggfrie Excavating Co., contingent upon permit issuance by the Iowa Department of Natural Resources, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete peliormance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits ofthe unsuccessful bidders. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Port of Dubuque Parking Lot Renovation and Resuliacing Project: Proofs of publication on notice of hearing on pians and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Port of Dubuque Parking Lot Renovation and Resurfacing Project to Portzen Construction, Inc. in the amount of $476,492.35, presented and read. Cline moved that the proofs and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 382-03 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 2?,h day of August, 2003, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Port of Dubuque Parking Lot Renovation & Resurfacing Project. Whereas, notice of hearing on plans, specifications, fomn of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, fomn of contract and estimated cost are hereby approved as the plans, specifications, fomn of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 383-03 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Port of Dubuque Parking Lot Renovation & Resurfacing Project pursuant to Resolution No. 307-03 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 5th day of September, 2003. Whereas, said sealed proposals were opened and read on the 25th day of September, 2003, and it has been detemnined that the bid of Portzen Construction, Inc. of Dubuque, Iowa, in the amount of $476,492.35 was the lowest bid for the furnishings of all labor and materials and perfomning the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Portzen Construction, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Markham moved that the rules be reinstated limiting discussion to the Council. Seconded by Cline. Motion carried 7-0. ACTION ITEMS Eagle Point Bluff - Request for Public Hearing: Communication from SA Sutton, Charles Winterwood, Francine Banwarth and Matt Lundh 322 Regular Session, October 6, 2003 submitting signatures opposing the Royal Oaks condominium project and requesting that the City Council set a public hearing for the next meeting, presented and read. Nicholson moved that the communications be received and filed. Seconded by Markham. Motion carried 7-0. Matthew Lundh, 2678 Marywood, spoke objecting to the loss of the bluff and old steps at this 2800 Rhomberg site, citing the importance of the connection between the river and Eagle Point Park. City Manager submitting infomnation on the development, presented and read. Nicholson moved that the communication be received and filed. Seconded by Markham. Motion carried 7- O. Irish Fest: Request of John Finn and Fran Henkels to address the Council regarding the location of Irish Fest and City Manager submitting background information on Irish Fest, presented and read. John Finn, 180 Main St., and Fran Henkels, 1400 University, spoke clarIfying and requesting approval of the Council to hold Irish Fest behind the Busted Lift. After discussion, Nicholson moved to receive and file the communications and amend the request to allow Murphy Park as the Festival site with Mr. Finn providing the proper documentation. Seconded by Buol. Carried by the following vote: Yeas-Buol, Cline, Connors, Duggan, Michalski, Nicholson. Nays-Markham. RESOLUTION NO. 384-03 BEER Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER (5 - DAY SPECIAL EVENT) Davey Robertsons Public Bar The Busted Lift- Irish Fest Murphy Park Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution Seconded by Buol. Carried by the following vote: Yeas-Buol, Duggan, Cline, Connors, Michalski, Nicholson. Nays-Markham. Mayor Duggan turned control of the meeting to the Mayor Pro-Tem due to possible confiict of interest. QHQ Request for Rezoning (Tabled on August 4, 2003); Communication of Kenneth L. Buesing requesting that the QHQ request for rezoning property located south of Holliday Drive, west of the Northwest Arterial, be placed back on the City Council agenda, presented and read. Michalski moved that this item be removed from the table. Seconded by Nicholson. Motion carried 6-0. Attorney Steve Juergens, for QHQ, spoke of the Agreement reached with the neighbors, with the excellent help of Dubuque Dispute Resolution Center Mediator Hiram Melendez. Michalski moved that the communication of Mr. Buesing be received and filed. Seconded by Connors. Motion carried 6-0. An Ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located south of Holliday Day, west of the Northwest Arterial, from AG Agricultural District to C-2 Neighborhood Shopping Center District and C-3 General Commercial zoning district, with conditions, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 77-03 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT THE SOUTH END OF HOLLIDAY DRIVE, WEST OF THE NORTHWEST ARTERIAL FROM AG AGRICULTURAL DISTRICT TO C-2 NEIGH- BORHOOD SHOPPING CENTER DISTRICT AND TO C-3 GENERAL COMMERCIAL DISTRICT, WITH CONDITIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from AG Agricultural District to C-2 Neighborhood Shopping Center District, with conditions, to wit: The portion (regardless of how such portion is in the future finally subdivided and platted) of Lot 2 of 2 of the SE 1/4 of the NE 1/4 Section 20, T89N, R2E, in the City of Dubuque, Iowa, now shown as Lots 8, 9, and 10 on the preliminary Zoning Plan attached hereto as Exhibit "A" and by this reference incorporated herein. Section 2. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Regular Session, October 6, 2003 323 Ordinances is hereby amended by reclassifying the hereinafter-described property from AG Agricultural District to C-3 General Commercial District, with conditions, to wit: The portion (regardless of how such portion is in the future finally subdivided and platted) of Lot B and Lot 2 of 2 of the SE 1/4 of the NE 1/4 Section 20, T89N, R2E, in the City of Dubuque, Iowa, now shown as Lots 1 through 7, inclusive, and Lot 11 on the preliminary Zoning Plan attached hereto as Exhibit "A" and by this reference incorporated herein. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 6th day of October, 2003. Patricia A. Cline, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2001), and as an express condition of rezoning of the property described as: Lot B and Lot 2 of 2 of the SE 1/4 of the NE 1/4 Section 20, T89N, R2E, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa, which is the subject of Ordinance No. 77-03, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: 1) That the north right-in/right-out access shall be installed concurrently with the extension of Holliday Drive. 2) That the southem access shall be installed when Plastic Center, Inc. constructs the signalized intersection located approximately 2,000 feet south of the Asbury Road and Northwest Arterial intersection. 3) Prior to construction on each lot within the above-described property, an earthen barrier shall be constructed along the boundary of the lot which lies adjacent to Embassy West No.3 Subdivision. The barrier will be graded such that it will slope at a rate of approximately three-to- one (3:1), with the grade rising from the property line to the east. The barrier shall be to a minimum of fifty feet (50') and to a maximum of seventy-five feet (75') in width, extending from the property line to the east. The barrier will be seeded in grasses and shall be planted with conifer (evergreen) trees. The trees shall initially be a minimum of seven feet (7') to eight feet (8') in height and shall be planted at the top of the barrier. The trees shall be planted in a zig-zag pattern approximately fifteen feet (15') apart. 4) All lots within the above-described property shail have seventy-two degree (72") cut light parking lot fixtures which focus light downward and thereby minimize the amount of lighting which would otherwise spread to surrounding areas. All lighting on lots within the above- described property shall otherwise comply with City of Dubuque Zoning Ordinance provisions. 5) All exterior storage and trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be a completely opaque fence, wall or other feature not exceeding a height of ten feet (10') measured from the ground level outside the line of the screen. Exposed materials to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. Coiors of the screen shall match those of the building. All exterior entrances to a screened storage or trash area shall be provided with a gate or door of similar design to that of the screen. Gates and doors shall be closed at all times other than when a vehicle or personnel are using the entrance for access to and from the screened area. In lieu of opaque screening, exterior storage or trash collection areas may be screened with evergreen plant materials selected and designed so that they will eventually screen the area from all off-site visibility. In such cases, if initial plantings are of six foot (6') height or greater, the requirements for other opaque screening shall be omitted. 6) The provisions of the City of Dubuque Zoning Ordinance shall apply to the construction and maintenance of signs on lots within the above-described property. B) Reclassification of the Subiect Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the AG Agricultural District (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) RecordinQ. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within thirty (30) days of the adoption of Ordinance No. 77-03. 324 Regular Session, October 6, 2003 E) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. 77-03 I, Timothy J. Quagliano, representing QHQ Properties, having read the temns and conditions of the Resolution No, 77-03 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 6th day of October, 2003. QHQ Properties, An Iowa Generai Partnership By: Isl Timothy J. Quagliano, General Partner Published officially in the Telegraph Herald Newspaper the 13th day of October, 2003. IslJeanne F. Schneider, CMC, City Clerk 11 10/13 Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 6-0. Mayor Duggan returned and took control of the meeting. Westbrook Subdivision - Final Plat: City Manager recommending approval of the final plat of Phase I of Westbrook Subdivision, which was recently approved for annexation in the City of Dubuque, as requested by Joel Callahan, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 385-03 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THRU 48, INCLUSIVE, OF BLOCK 1, LOTS 1 THRU 10, INCLUSIVE, OF BLOCK 3 AND LOTS A, B, C, D, E, F, G, H, I, J, AND K OF WESTBROOK SUBDIVISION. Whereas, there has been filed with the City Clerk the Final Plat of Lots 1 thru 48, Inclusive, of Block 1, Lots 1 thru 1O, Inclusive, of Block 3 and Lots A, B, C, D, E, F,G, H, I, J, and K of Westbrook Subdivision, in Dubuque County, Iowa; and Whereas, upon said final plat appears streets to be known as Commerce Park (Lot F), South Westbrook Drive (Lot G), Pebble Creek Drive (Lot H), Trails Edge Drive (Lot I), North Westbrook Drive (Lot J) and Seippel Road (Lot K), together with certain public utility easements and storm water detention facility, all in Eagle Valley Subdivision, which the owners by said final plat have dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Commerce Park (Lot F), South Westbrook Drive (Lot G), Pebble Creek Drive (Lot H) Trails Edge Drive (Lot I), North Westbrook Drive (Lot J), and Seippel Road (Lot K), and the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That the Final Plat of Lots 1 thru 48, Inclusive, of Block 1, Lots 1 thru 10, Inclusive, of Block 3 and Lots A, B, C, D, E, F,G, H, I, J, and K of Westbrook Subdivision is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: (a) To reduce Commerce Park (Lot F), South Westbrook Drive (Lot G), Pebble Creek Drive (Lot H), Trails Edge Drive (Lot I), and North Westbrook Drive (Lot J) to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (b) To install sanitary sewer and service laterals, water mains and water service laterals into each individual lot, stomn sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the CITy Engineer, and inspected by the City Engineer. (c) To construct said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sale expense of the owners, or future owner; Regular Session, October 6, 2003 325 (d) To construct stomn water detention facility(s) in a manner acceptable to the City Engineer, in accordance with construction improvement plans approved by the City Engineer, prior to grading associated with the proposed streets. (e) To maintain the above public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owners, or future owner; And, further provided that said Caliahan Construction, as owners of said property, shali secure the performance of the foregoing conditions provided in this Section by providing guarantees in such fomn and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. Sidewalk installation shall be the responsibility of the owner abutting the public rights-of-way, including iots with multiple frontages, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the deveiopment of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed iots will not be required until 50% of the lots approved by the plat have been developed. Ali vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. Section 4. The deveioper will maintain the detention facilities constructed as part of Westibrook Subdivision until it has been fully completed and 80% of the sum of the platted lots in the entire Westibrook Subdivision is fully developed and the remaining 20% of these lots have installed adequate erosion control measures as approved by the City. Upon the City's acceptance of the detention facility, the maintenance expenses incurred by the City of Dubuque for the stomn water detention facility (Lots B, C, D & E) shall be assessed against the lot owners of Eagle Valley Subdivision, in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 5. That the City may install a portion of the sanitary sewer mains and sewer service laterals into each individuai lot. The costs associated with this installation shall be reimbursed to the City from the developer, his successors and assigns as each lot is sold, with a balloon payment at the end of five years from the date of this resolution, ali in accordance with the development agreement between the City of Dubuque and Callahan Construction. Section 6. That the City may install a portion of the water mains and service laterals into each individual iot. The costs associated with this installation shali be reimbursed to the City from the developer, his successors and assigns as each lot is sold, with a balloon payment at the end of five years from the date of this resolution, all in accordance with the development agreement between the City of Dubuque and Callahan Construction. Section 7. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 8. That in the event Callahan Construction fails to execute the acceptance and furnish the guarantees provided in Section 3 hereof within 180 days after the date of this Resoiution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 6th day of October 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0 with Markham out of the Chambers briefly. Northwest Arterial Access: ity Manager recommending approval of a request from Martin J. McNamer, Harvest Development Group, LLC, to construct a temporary access on to the Northwest Arterial for construction of an assisted living project, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. University Avenue Reconstruction Project: City Manager recommending award of the contract for the University Avenue Reconstruction Project from Delhi to Alta Vista and the University Avenue Patching Project from Alta Vista to Spruce Street to Horsfield Construction, Inc., in the amount of $1,007,996.36, presented and read. Markham moved that the communication be received and filed. Seconded by Michalski. Motion carried 7- O. RESOLUTION NO. 386-03 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the University Avenue Reconstruction Project from Delhi to Alta Vista and the University Avenue Patching Project from Alta Vista to Spruce Street pursuant to Resolution No. 286-03 and notice to bidders published in a newspaper published in the City 326 Regular Session, October 6, 2003 of Dubuque, Iowa on the 22"" day of August, 2003. Whereas, said sealed proposals were opened and read on the 16th of September, 2003, by the Iowa Department of Transportation (I DOT), and it has been determined that the bid of Horsfield Construction, Inc. of Epworth, Iowa, in the amount of $1,007,996.35 was the lowest bid for the furnishings of all labor and materials and perfomning the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Horsfield Construction, Inc., subject to the concurrence by the Iowa Department of Transportation, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perfomnance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits ofthe unsuccessful bidders. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Letter of Appreciation - Paramedic Services: Council Member Dan Nicholson presenting a $100 check and letter from Pauline Wegner of Van Dyne, WI thanking the City for paramedic services provided to her husband on August 15, 2003, presented and read. Michalski moved that the communication be received and filed and accept the check. Seconded by Cline. Motion carried 7-0. Ric Jones, EMS Supervisor, received the check and letter on behaff of all the City emergency services. At 8:46 P.M. Buol moved to go into Closed Session reo Collective Bargaining Strategy - Chapter 20.17(3) 2003 Code of Iowa. Seconded by Nicholson. Motion carried 7-0. At 9:01 P.M. Council reconvened regular session with statement that staff had been given proper direction. There being no further business, Markham moved to adjourn. Seconded by Buol. Motion carried 7-0. The meeting adjourned at 9:02 P.M. Isl Jeanne F. Schneider, CMC City Clerk 11 10/15 Approved: 2003 Adopted: 2003 Mayor Council Members Attest: City Clerk Regular Session, October 20, 2003 327 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, October 20, 2003 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. Invocation was given by Sister Mary Kivlahan, OSF, Pastoral Associate, Holy Trinity Catholic Church. Proclamations: Red Ribbon Week (October 23 - 31, 2003) and 2-1-1 Month (November, 2003) received by Lidia Bertolini. Special Presentation: Katie Krieg, 2620 New Haven, as President of Dubuque Initiatives, spoke and showed a video explaining their request for Council support of a Minor League Baseball Team in Dubuque. Nicholson moved that the communications be received and filed and instructed Staff to prepare language for a referendum ballot on December 16, 2003 and to make application to the Iowa Vision Fund. Seconded by Cline. Motion carried 7-0. CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 9/22; Cable TV Regulatory Commission of 10/10; Cable Community Teleprogramming Commission of 10/7; City Council of 10/6; Civil Service of 9118 and 10/8; Housing Code Appeals Board of 9116; Human Rights Commission of 9/8; Joint CitylCounty Planning Committee of 9/22; Mechanical Board of 10/1; Zoning Board of Adjustment of 9125, presented and read. Buol moved that the minutes be received and filed. Seconded by Nicholson. Motion carried 7-0. Proofs of publication of City Council Proceedings for September 15 and 26, 2003, presented and read. Buol moved that the proofs be received and filed. Seconded by Nicholson. Motion carried 7-0. Printed Council Proceedings for August, 2003, presented and read. Buol moved that the proceedings be received and filed and approved as printed. Seconded by Nicholson. Motion carried 7-0. Finance Director submitting the City of Dubuque Financial Reports for month ending September 31,2003, presented and read. Buol moved that the communication and report be received and filed. Seconded by Nicholson. Motion carried 7-0. Notice of Claims/Suits: Michael W. Sand for vehicle damage; James C. Walgren for vehicle damage; Raymond Worden, Jr. and Bambi Worden vs. City of Dubuque, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: James Walgren for vehicle damage, presented and read. Buol moved that the communication be received and filed and concurred. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel recommending settlement of the claim of Kristina Keuter for vehicle damage and James Mess for towing charges and directing the Finance Department to issue proper payment, presented and read. Buol moved that the communications be received and filed and concurred and Finance Director to issue proper payment. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel recommending that the claim of Michael Sand for vehicle damage be referred to River City Paving, presented and read. Buol moved that the communication be received and filed and concurred. Seconded by Nicholson. Motion carried 7-0. Citizen Communications: Communication from Tim Laehn regarding a program he has initiated in Allison, iowa to welcome new residents, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Request of Bob Felderman, representing Edward Walz, for a two-hour parking zone in front of 1365-1367-1385-1399 Jackson Street, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Nicholson. Motion carried 7-0. Seconded by Regular Session, October 20, 2003 328 Eagle Food Centers, Inc.: Notices of filing in the United States Bankruptcy Court for tihe Northern District of Illinois Eastern Division by Eagle Food Centers, Inc., et ai, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Tax Appeal: Corporation Counsel submitting a Stipulation of Setllement of two tax assessment appeals for property located at 1105 Grove Terrace (the Hancock House), presented and read. Buol moved that the communication be received and filed and approved Settlement Stipulation. Seconded by Nicholson. Motion carried 7-0. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Equipment Operator II, presented and read. October 10, 2003 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2003 Code of Iowa, an examination for the position of Equipment Operator II was given on September 25, 2003. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. EQUIPMENT OPERATOR II Brian S. Odefy Jeffrey D. Simons Robert J. Barry Wayne M. Ries James Powers Dennis L. Richey Joseph T. Breson Respectfully submitted, IslMerle Duehr, Chairperson IslLoras Kluesner IslRichard Wertzberger Civil Service Commission Buol moved that the above Civil Service certification be received and filed and made a matter of record. Seconded by Nicholson. Motion carried 7-0. Letter of Appreciation: Communication from Nancy B. Ciapalo thanking the City Council for the recent action regarding the Chestnut Street reconstruction project, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Iowa Department of Transportation: Communication from the Iowa Department of Transportation submitting Iowa's Mississippi River Trail (MRT) Plan and requesting that the City review the plan, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Plat of Survey - Lot 1 and Lot 2 of Whites Place: Zoning Advisory Commission recom- mending approval of the Plat of Survey of Lot 1 and Lot 2 of Whites Place as requested by the City of Dubuque, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. RESOLUTION NO. 387-03 RESOLUTION APPROVING THE PLAT OF SURVEY LOT 1 AND LOT 2 OF WHITES PLACE NO 2 Whereas, there has been filed with the City Clerk a Plat of Survey of Lot 1 and Lot 2 of Whites Place No.2; and Whereas, Lot 1 and Lot 2 have 0 feet of lot frontage where 50 feet of lot frontage is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, said survey plat has been examined by the Zoning Advisory Commission and had its approvai endorsed thereon; and Whereas, said plat has been examined by the City Council and they find that it confomns to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 and Lot 2 to have 0 feet of lot frontage, where 50 feet of lot frontage is required. Section 2. That the Plat of Survey Lot 1 and Lot 2 of Whites Place No.2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 20th day of October 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Final Plat - Medical Associates Subdivision No.3: Zoning Advisory Commission recommending approval of the final plat of Medical Associates Subdivision No.3 at the end of Aggie Street as requested by Bob Hartig, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Regular Session, October 20, 2003 329 RESOLUTION NO. 388-03 RESOLUTION APPROVING THE FINAL PLAT OF MEDICAL ASSOCIATES SUBDIVISION NO.3 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Final Plat of Medical Associates Subdivision No.3 in the City of Dubuque, Iowa; and Whereas, said Final Plat provides Lots 1, 2 and 3 with 0 feet of lot frontage, where 50 feet is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it confomns to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lots 1,2 and 3 with 0 feet of lot frontage, where 50 feet is required. Section 2. That the Final Plat of Medical Associates Subdivision No.3 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat. Passed, approved and adopted this 20th day of October 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Final Plat - Sullivan's 2"' Addition: Zoning Advisory Commission recommending approval of the final plat of Sullivan's 2"' Addition as requested by James Sullivan, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 389-03 RESOLUTION APPROVING THE FINAL PLAT OF SULLIVAN'S 2ND ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Sullivan's 2"' Addition, in the City of Dubuque, Iowa; and Whereas, upon said Final Plat appears a street known as West 32"' Street, which the owners by said Final Plat have dedicated to the public forever; and Whereas, said Final Plat has been reviewed by the Zoning Advisory Commission and had their approval endorsed thereon, subject to the owner's agreeing to the conditions noted in Section 2 below; and Whereas, said Final Plat has been examined by the City Council and they find that it confomns to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of West 32"' Street (Lot A) as it appears upon said Final Plat, be and the same is hereby accepted. Section 2. That the Final Plat of Sullivan's 2"' Addition is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat. Section 3. Sidewalk installation shall be the responsibility of the owner abutting the public rights-of-way, including lots with multiple frontages, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. Passed, approved and adopted this 20th day of October 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Administrative Services Fee Renewal: City Manager recommending approval of the administrative services fee renewal rates submitted by Alternative Service Concepts (ASC), the City's workers' compensation claims administrator, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Chestnut Street (Highland to Cox) Reconstruction Project: City Manager recommending award of the contract for the Chestnut Street (Highland to Cox) Reconstruction Project to WC Stewart Construction Co., in the amount of $471,823.09 and Resolution awarding contract to WC Stewart Construction Co., presented and read. Dave Stuart, 1470 Locust, spoke and stated residents' questions were not answered and requested rejection of bids. Chris Wand, Chair of the Historic Preservation Commission, spoke requesting that this project be tabled to allow the Historic Preservation Commission an opportunity to review the project 330 Regular Session, October 20, 2003 and offer alternatives and options for reconstruction of the street. Markham moved to table action to the 11/3/03 Council Meeting. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Ciine, Connors, Markham, Michalski, Nicholson. Nays-Duggan. Railroad Depot Restoration Project: City Manager recommending acceptance of the Railroad Depot Restoration Project - Lighting Fixtures as completed by Morse Electric, Inc., in the final contract amount of $28,061.90, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 390-03 ACCEPTING IMPROVEMENT Whereas, the contract for the Burlington Northern Railroad Depot Restoration Project, Contract No. 15B - Lighting Fixtures has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the temns of the contracts, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvements be and the same are hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the funding of the Dubuque County Historical Society and the Iowa Department of Transportation TEA-21 Grant in amounts equal to the amounts of his contracts, less any retained percentage provided for therein. Passed, approved and adopted this 20th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 391-03 FINAL ESTIMATE Whereas, the contract for the Burlington Northern Railroad Depot Restoration Project, Contract No. 15B - Lighting Fixtures has been completed and the City Engineer has submitted his final estimates showing the costs thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said Improvement is hereby determined to be $28,061.90 and the said improvement shall be paid from the funding of the Dubuque County Historical Society and the Iowa Department of Transportation TEA-21 Grant. Passed, approved and adopted this 20th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. White Street Reconstruction Project: City Manager recommending acceptance of the White Street Reconstruction Project as completed by WC Stewart Construction Co., in the final contract amount of $2,757,473.33, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 392-03 ACCEPTING IMPROVEMENT Whereas, the contract for the White Street Reconstruction Project - 21't to 32od Street has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay the contractor in the amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 20th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 393-03 FINAL ESTIMATE Whereas, the contract for the White Street Reconstruction Project - 21" to 32od Street has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Regular Session, October 20, 2003 331 Section 1. That the cost of said improvement is hereby determined to be $2,757,473.33. Passed, approved and adopted this 20th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Fiber Optic Connection Project: City Manager recommending acceptance of the Fiber Optic Connection Project between the City Network and the Port of Dubuque as completed by Vol kens Excavating in the final contract amount of $11,625, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 394-03 ACCEPTING IMPROVEMENT Whereas, the contract for the Fiber Optic Connection Project between City Network and Port of Dubuque has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Port of Dubuque Utility Relocation Funds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 20th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 395-03 FINAL ESTIMATE Whereas, the contract for the Fiber Optic Connection Project between City Network and Port of Dubuque has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby detemnined to be $13,368.75 and the said amount shall be paid from the Port of Dubuque Utility Relocation Funds of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Library Roof Replacement Project: City Manager recommending acceptance of the Library Roof Replacement Project as completed by Jim Giese Commercial Roofing in the final contract amount of $44,378, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 396-03 ACCEPTING IMPROVEMENT Whereas, the contract for the roof replacement for the 1980 addition to the Carnegie Stout Public Library has been completed and Steve Ulstad, Architect and the Library Board of Trustees has examined the work and found that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted BE IT FURTHER RESOLVED that the City Treasurer be hereby directed to pay to the contractor Jim Giese Commercial Roofing the sum of $44,378. Passed, approved and adopted this 20th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 397-03 FINAL ESTIMATE Whereas, the contract for the roof replacement for the 1980 addition to the Carnegie Stout Public Library has been completed and Steve Ulstad, Architect and the Library Board of Trustees has examined the work and found that the same has been completed according to the temns of the contract, plans and specifications and recommends its acceptance. Jim Giese Commercial Roofing has submitted his final Invoice showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. 332 Regular Session, October 20, 2003 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby detemnined to be $44,378 and the said amount shall be paid from the Capital Improvement budget of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Helping Services for Northeast Iowa Subcontract: City Manager recommending approval of a subcontract agreement with Helping Services of Northeast Iowa for Police Officers to participate in the Iowa Department of Health Drug and Violence Prevention Grant, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Iowa Chicago & Eastern Railroad Agreements: City Manager recommending approval of agreements with the Iowa Chicago & Eastern Railroad for the installation of a five-inch fiber optic conduit and the construction of a railroad switch for Flynn Ready-Mix Concrete, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 398-03 RESOLUTION APPROVING AGREEMENT WITH THE IOWA CENTRAL & EASTERN RAILROAD FOR THE INSTALLATION OF A FIVE-INCH FIBER OPTIC CONDUIT AT 17TH AND ELM STREET Whereas, the City of Dubuque is proposing to install a five-inch optic conduit at 17th and Elm Street for the future Operations & Maintenance facility at Kerper Court; and Whereas, the Iowa Central & Eastem Railroad (IC&E) has prepared an agreement outlining the terms under which the five-inch fiber optic conduit would be installed underneath the track at 17th and Elm Street. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby approves the Iowa Central & Eastern Railroad (IC&E) agreement for the installation of a five- inch fiber optic conduit underneath the track at 1 y'h and Elm Street. Section 2. That the Mayor be authorized and directed to execute two copies of the agreement. Passed, approved and adopted this 20th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 399-03 RESOLUTION APPROVING AGREEMENT WITH THE IOWA CENTRAL & EASTERN RAILROAD FOR THE CONSTRUCTION OF A RAILROAD SWITCH AND RAIL EXTENSION FOR THE FLYNN READY-MIX CONCRETE CO. RAILROAD SPUR Whereas, the City of Dubuque is currently in the process of installing a railroad spur for the Flynn Ready-Mix Concrete Co.; and Whereas, the Iowa Central & Eastern Railroad (IC&E) is proposing to construct a railroad switch and 676 feet of rail for the Flynn Ready- Mix Concrete Co.; and Whereas, the Iowa Central & Eastern Railroad (IC&E) has prepared a construction agreement outlining the terms under which the switch and rail extension would be installed and providing that the City reimburse the Iowa Central & Eastern Railroad (lC&E) for its cost of installation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby approves the Iowa Central & Eastern Railroad (IC&E) agreement for the construction of a railroad switch and rail extension for the Flynn Ready-Mix Concrete Co. Section 2. That the Mayor be authorized and directed to execute two copies of the agreement. Passed, approved and adopted this 20th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Agreement with Hillcrest Family Services: City Manager recommending approval of an agreement with Hillcrest Family Services for use of Murphy Park from November 1" through January 4th to set up a holiday light display, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Business License Refund: Request of Kwik Trip, Inc. for a refund of the cigarette license for the Tobacco Outlet Plus at 66 West 32"d Street and Eagle Food Center at 1800 Elm Street, presented and read. Buol moved that the communications be received and filed and Regular Session, October 20, 2003 333 approved refunds. Seconded by Nicholson. Motion carried 7-0. Business Licenses: RESOLUTION NO. 400-03 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE DAMA Corp Rainbow Lounge+ (Sunday Sale) 36 W. 4" St Europa Haus, Inc Europa Haus & Bierstube 1301 Rhomberg Channel Inn 2010 Y, Kerper Carlos O'Kelly's Inc. Carlos O'Kelly's+ (Sunday Sale) 1355 Associates SPECIAL CLASS "C" LIQUOR LICENSE Carroll's Wine Company Grape Harbor+ (Sunday/Outdoor Sale) 123 Main St Passed, approved and adopted this 20th day of October 2003. Carolyn Fonck Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Sale of City Property - Medical Associates Subdivision: City Manager recommending that a public hearing be set for November 3, 2003 to consider a request from Oak Park Place of Dubuque, LLC, the developer of Lot 10 of Medical Associates Subdivision, to purchase Lots 1 , 2 and 3 of Medical Associates Subdivision, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 401-03 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOTS 1, 2, AND 3 OF MEDICAL ASSOCIATES SUBDIVISION NO.3 IN THE CITY OF DUBUQUE, IOWA Whereas, Oak Park Place of Dubuque, LLC, has requested the vacating of Lots 1, 2, and 3 of Medical Associates Subdivision No.3 in the City of Dubuque, Iowa; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the subdivision of Lot 11 of Medical Associates No.2 and resubdivided into Medical Associates Subdivision No.3 creating Lots 1, 2, and 3 of Medical Associates Subdivision No.3 in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has detemnined that Lots 1, 2, and 3 of Medical Associates Subdivision No.3 are no longer required for public use, and sale of said lots known as Lots 1, 2, and 3 of Medical Associates Subdivision No.3 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lots 1, 2, and 3 of Medical Associates Subdivision No.3 in the City of Dubuque, Iowa. Section 2. That the conveyance of Lots 1, 2, and 3 of Medical Associates Subdivision No.3 in the City of Dubuque, Iowa to Oak Park Place of Dubuque, LLC, be contingent upon the payment of surveying, platting, title search, publication and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 20th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and set this for public hearing on 11/3/03 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. 2003 Local Law Enforcement Block Grant Funds: City Manager recommending that a public hearing be set for November 3, 2003 regarding the 2003 Local Law Enforcement Block Grant award, presented and read. Cline moved that this be received and filed and that this be set for a public hearing on 11/3/03 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Ice Harbor Pump Auxiliary Power Project: City Manager recommending initiation of the bidding process for the Ice Harbor Pump Auxiliary Power Project and setting a public hearing for December 1, 2003, presented and read. Cline moved that the communication be received and 334 Regular Session, October 20, 2003 filed. Seconded by Nicholson. Motion carried 7- O. RESOLUTION NO. 402-03 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Ice Harbor Pump Auxiliary Power Project in the estimated amount of $82,032.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 20th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 403-03 FIXING DATE OF THE HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Ice Harbor Pump Auxiliary Power Project. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 1't of December, 2003, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 20th day of October, 2003 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 404-03 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Ice Harbor Pump Auxiliary Power Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 12th day of November, 2003. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 1" day of December, 2003. Passed, adopted and approved this 20th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. County Farm Interceptor Sewer Extension Project: City Manager recommending that a public hearing be held on November 17, 2003 to consider establishing the County Farm interceptor sewer connection fee at $500 per acre, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 405-03 RESOLUTION PROVIDING FOR NOTICE OF THE DATE, TIME AND PLACE OF A PUBLIC HEARING ON AN ORDINANCE ESTAB- LISHING A CONNECTION FEE FOR THE COUNTY FARM SANITARY INTERCEPTOR SEWER Whereas, the City Council of the City of Dubuque, Iowa, proposes to establish, by Ordinance after notice of a public hearing, the schedule of connection fees for the County Farm Sanitary Interceptor Sewer; and Whereas, Iowa Code Section 384.38(3) requires notice and a public hearing on such Ordinance; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to publish notice of the date, time, and place of the hearing on said proposed Ordinance, which hearing shall be on November 17, 2003, at 6:30 p.m., in the Public Library Auditorium, 360 11th Street, in the City of Dubuque, Iowa, such publication to be once Regular Session, October 20, 2003 335 each week for two consecutive weeks in the manner provided by Section 362.3, the first publication of which shall not be less than ten (10) days before the date of the hearing. Section 2. The notice shall be in substantially the following form: Notice to Property Owners Notice is given that there is now on file for public inspection in the office of the City Clerk of the City of Dubuque, City Hall, Dubuque, Iowa, a proposed Ordinance establishing the County Farm Sanitary Interceptor Sewer connection fees. The City Council will meet at 6:30 p.m. on November 17, 2003, at the Public Library Auditorium, 360 West 11th Street, in the City of Dubuque, Iowa, at which time the owners of property subject to connection fees for the County Famn Sanitary Interceptor Sewer Project or any other person having an interest in the matter may appear and be heard for or against the establishment of the District, or the schedule of connection fees. A person subject to such connection fees will be deemed to have waived all objections unless at the time of hearing, the person has filed objections with the City Clerk. Section 3. Not less than fifteen (15) days before the hearing, the City Clerk shall also send a copy of the notice by mail to each property owner whose property will be served by connection to said City sewer and be subject to the connection fees at the address as shown by the records of the County Auditor. Passed, approved and adopted this 20th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution and setting the public hearing for 11/17/03 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Environmental Stewardship Advisory Commission (One youth member for a one-year term and two 3-year terms through 10/1106): Applicants: Stephanie Beecher (Youth); Andrea Bixler, Joseph D. Suarez. Mr. Suarez spoke requesting consideration for appointment to this Commission. Historic Preservation Commission:(One unexpired temn through 711105 for Old Main District; two 3-year terms through 7/1/06 for At- Large) Applicants: James E. Gibbs (At-Large); Matthew Lundh (At-Large); Angella Marlatt (At- Large); David C. Stuart (At-Large) David Stuart and Matthew Lundh spoke consideration for appointment. requesting PUBLIC HEARINGS Buol moved to suspend the rules to allow anyone present to speak. Seconded by Connors. Motion carried 7-0. Mayor Duggan turned control of the meeting to Mayor Pro-Tem Cline due to possible conflict of interest. Grandview Avenue United Methodist Church: Proof of publication on notice of hearing to consider rezoning property located at 419 and 485 North Grandview/1755 Bennett Street/1730 Grace Street from R-1 Single-Family Residential District to C-2 Neighborhood Shopping Center District at the request of the Grandview Avenue United Methodist ChurchlAmbrose and LaVerne KleinlShane KlaaslRobert and Naoko CrippeslRichard Hartg and Zoning Advisory Commission recommending approval; commu- nications in support of the rezoning and communications in opposition to the rezoning (in excess of 20 percent), presented and read. An Ordinance Arnending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 419 North Grandview Avenue, 485 North Grandview Avenue, 1755 Bennett Street and 1730 Grace Street from R-1 Single-Family Residential District to C-2 Neighborhood Shopping Center District, presented and read. Dick Hartig, as CEO of Hartig Drug, spoke explaining the scope of the project, requesting the rezoning to allow a drug store, coffee shop, and pharmacy, and clarified that it was the four owners of the properties requesting the rezoning. Ken Johnson, Straka Johnson Architects, reviewed the plans for the proposed development. Rev. James Dotson, Pastor of the Grand View United Methodist Church, spoke about his church membership's difficult decision to build a new and larger facility over 6 years ago and at that time letting it be known that the Church building on N. Grandview was for sale. Other than Mr. Hartig's present offer there had been no other viable offers In that time and he requested the rezoning for Mr. Hartig. Speaking in favor of the proposed rezoning were: Mac Klinger, James Bradley, Arvid Saele, Jane Ward, Kathryn Dean, Larry Burgess, John Dean, Jack Borchers, Vern Sigwarth, Speaking in opposition to the proposed rezoning were: Tammy Pfab, Linda Heyer, Dave Stuart, Casey & Corey Thein, Andy Rettenmeier, Linda LaSoya, Tom Welu, Jackie Welter, Julie Schwendinger, Chuck Lehman, 336 Regular Session, October 20, 2003 Kathy Lehman, Chris Johnson, Teri Link, Beth Gilbreath, Tina Nauman, Robert Crippes, Cynthia Kraus, Frank Belcastro, Sharon Johnson, Angie Harter, Joan Belcastro. Mr. Hartig responded to some of the specific concerns of the individuals objecting to the proposed rezoning. Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion failed due to the following vote: Yeas-Connors, Markham, Nicholson. Nays-Buol, Cline, Michalski. Council thanked all the citizens who expressed their opinions in an orderly manner. At 9:45 PM Council recessed briefly. At 9:55 PM Council reconvened. Mayor Duggan returned and took control of the meeting. John Kretz/Perfection Oil Company: Proof of publication on notice of hearing to consider rezoning property located at 3136/3146 Central Avenue from R-3 Moderate Density Multi-Family Residential District to C-2 Neighborhood Shopping Center District at the request of John Kretz/Perfection Oil Company and Zoning Advisory Commission recommending approval, presented and read. Buol moved that the proof and communications be received and filed. Seconded by Connors. Motion carried 7-0. Attorney Brian Kane, 2100 Asbury Rd., representing John Kretz and Perfection Oil, explained specifics of the requested rezoning. Council expressed concern about traffic exiting onW.32ndSt. An Ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 3136/3146 Central Avenue from R-3 Moderate Density Multi-Family Residential District to C-2 Neighborhood Commercial District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 78-03 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT 3136/3146 CENTRAL AVENUE FROM R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT TO C-2 NEIGHBORHOOD COMMERCIAL DISTRICT. Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from R-3 Moderate Density Multi-Family Residential District to C-2 Neighborhood Commercial District to wit: W 170' of Lot 319 of Davis Farm Addition and W 170' of Lot 318 of Davis Famn Addition, and to the centerline of the adjoining public right-of- way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 20th day of October, 2003. Is/Terrance M. Duggan, Mayor Attest: IslJeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 24th day of October, 2003. IslJeanne F. Schneider, CMC, City Clerk 11 10/24 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. Joel Callahan - Seippel Road North of the Dubuque Industrial Center West: Proof of publication on notice of hearing to consider rezoning property located west of Seippel Road, north of the Dubuque Industrial Center West, from County R-2 Single-Family Residential District to City CS Commercial Service and Wholesale District and LI Light Industrial District, in conjunction with annexation, at the request of Joel Callahan and Zoning Advisory Commission recommending approval, presented and read. Buol moved that the proof and communications be received and filed. Seconded by Markham. Motion carried 7-0. Joel Callahan spoke explaining the specifics of the requested rezoning. An Ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along the west side of Seippel Road from Dubuque County R-2 Single-Family Residential District to City of Dubuque CS Commercial Service and Wholesale District and LI Light Industrial District, with conditions, concurrent with annexation, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 79-03 Regular Session, October 20, 2003 337 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED ALONG THE WEST SIDE OF SEIPPEL ROAD FROM DUBUQUE COUNTY R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT TO CITY OF DUBUQUE CS COMMERCIAL SERVICE AND WHOLESALE DISTRICTAND LI LIGHT INDUSTRIAL DISTRICT, CONCURRENT WITH ANNEXATION. Whereas, Joel Callahan, property owner, have requested rezoning concurrent with annexation to the City of Dubuque in accordance with Section 2-3 of Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances; and Whereas, this request has been found to be consistent with the Comprehensive Plan and the Future Land Use Map of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from Dubuque County R-2 Single-Family Residential District to City of Dubuque CS Commercial Service and Wholesale District and LI Light Industrial District, to wit: The NE % of the NE %, Lot 1 of the SE % of the NE % and Lot 2 of the SE % of the NE % in Section 25, T89N, R1E of the 5th P.M., and to the centerline of the adjoining public right-of- way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law, and at such time that the herein described property is legally annexed into the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2001), and as an express condition of rezoning of the property described as: The NE % of the NE %, Lot 1 of the SE % of the NE % and Lot 2 of the SE % of the NE % in Section 25, T89N, R1E of the 5th P.M." and to the center line of the adjoining public right-of- way, all in the City of Dubuque, Iowa which is the subject of Ordinance No. 79-03, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: 1) That a setback of 40 feet shall be required from the south right-of-way line of Middle Road for a distance of 660 feet west of the southwest corner of Middle Road and Seippel Road intersection. B) Reclassification of the Subiect Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the District (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recordina. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordinance No. 79-03. E) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and hislher heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. 79-03 I, Joel Callahan, representing Callahan Construction, Inc., having read the temns and conditions of the Ordinance No. 79-03 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 20th day of October, 2003. Isl Joel Callahan Published officially in the Telegraph Herald Newspaper the 24th day of October, 2003. IslJeanne F. Schneider, CMC, City Clerk 11 10/24 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. 338 Regular Session, October 20, 2003 The Cafaro Company - Request to Amend Planned Unit Development District: Proof of publication on notice to hearing to consider a request from The Cafaro Company for property located at 555 John F. Kennedy Road to amend the Planned Unit Development with a PC Planned Commercial District to require one parking space for every 250 square feet of GLA (gross leasable area) to allow for an additional 82,000 square feet of new GLA and amend the sign regulations for Kennedy Mall and Zoning Advisory Commission recommending approval, presented and read. Buol moved thatthe proof and communication be received and filed. Seconded by Michalski. Motion carried 7-0. David DeChristofaro, The Cafaro Company, explained the specifics of the request. An Ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances for the hereinafter described property located at 555 John F. Kennedy Road and adopting a new Conceptual Development Plan and Ordinance for the Kennedy Mall PUD Planned Unit Development, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 80-03 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES FOR THE HEREINAFTER DESCRIBED PROPERTY LOCATED AT 555 JOHN F KENNEDY ROAD AND ADOPTING A NEW CONCEPTUAL DEVELOPMENT PLAN AND ORDINANCE FOR THE KENNEDY MALL PUD PLANNED UNIT DEVELOPMENT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by adopting a new conceptual development plan, a copy of which is attached to and made a part hereof, and Planned Unit Development Ordinance for the Kennedy Mall, with conditions as stated below, to wit Lot 1 of Lot 2 of Lot 2 of Cllnque, Inc. Addition, and Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Hawkeye Stock Farm, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5 (2001), and as an express condition of the reclassification, the undersigned property owner agrees to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A) Use Reoulations The following regulations shall apply to all land uses in the above-described PUD District: 1) All pemnitted, conditional, accessory and temporary uses allowed in the C-3 General Commercial District as established in Section 3- 3.3 of the Zoning Ordinance B) Lot and Bulk Reoulations Development of land in the PUD District shall be as follows: 1) The existing GLA (gross leasable area) of the Kennedy Mall is 586,570 square feet, which includes tenant storage areas and other areas not accessible to the general public. A maximum expansion of 82,000 square feet of GLA is allowed. Future expansion(s) may include all or a portion of the allowed 82,000 GLA and may take the form of an addition(s) to the Mall building itself andlor as a new out lot building. 2) All buildings and structures shall be regulated as follows: a) Maximum building height shall be 50 feet, except the following may exceed the height limit: ornamental towers, domes, spires, elevator bulkheads, HVAC equipment and other necessary mechanical equipment and their protective housings. 3) All final site development plans shall be approved in accordance with the provisions of the PUD District regulations of this ordinance and Section 3-5.5 of the Zoning Ordinance. C) Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1) The parking requirement for in the Kennedy Mall PUD District shall be one space per 250 square feet of gross leasable area accessible to the general public. 2) A minimum of 2,675 parking spaces shall be provided at the Kennedy Mall after construction of the maximum expansion(s) of 82,000 square feet. 3) Adequate illumination shall be provided to areas used for vehicle and pedestrian circulation. New outdoor light fixtures shall be of a cut-off design and utilize a minimum of a 90- degree cut-off luminaire. 4) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance of the City of Dubuque, Iowa, prior to construction of any buildings. D) Sion Reoulations. Signs in the PUD District shall be regulated as follows: 1) The provisions of the C-3 General Commercial District sign regulations (Section 4- 3.11) of the Zoning Ordinance shall apply unless further regulated by this section. a) The primary shopping center identification sign adjacent to U.S. Highway 20 Regular Session, October 20, 2003 339 shall be limited to 708 square feet (each side) and a maximum height of 50 feet. 2) Variance requests from sign requirements for size, number and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 5-3 of the Zoning Ordinance. 3) Lighting: Signs may be illuminated only by means of indirect lighting whereby all light sources and devices are shielded from view by opaque or translucent materials, or intemally illuminated by means of a light source completely enclosed by the sign panel. 4) Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. Message center signs are exempt from this provision. E) Previous Conceptual Plans 1) That all previously approved conceptual development plans are hereby amended and that the attached conceptual plan shall hereinafter regulate the Kennedy Mall Planned Unit Development District. F) Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the PUD District. G) Modifications. Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 20th day of October, 2003. Is/Terrance M. Duggan, Mayor Attest: Is/Jeanne F. Schneider, CMC, City Clerk ACCEPTANCE OF ORDINANCE NO. 80-03 I, Anthony Cafaro, Sr., representing the Cafaro Company, property owners, having read the terms and conditions of the foregoing Ordinance No. 80-03 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 16th day of October, 2003. Isl Anthony Cafaro, Sr. Published officially in the Telegraph Herald Newspaper the 24th day of October, 2003. Jeanne F. Schneider, CMC, City Clerk 1t 10/24 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. Tunnel Easement Agreement - Dubuque Bank and Trust: Proof of publication on notice of hearing to consider a tunnel easement agreement with Dubuque Bank and Trust for construction of a tunnel to connect two buildings on the east and west side of Central Avenue between 13th and 14th Streets and City Manager recommending approval, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 406-03 DISPOSING OF AN INTEREST IN REAL PROPERTY BY EASEMENT TO DUBUQUE BANK & TRUST Whereas, the City of Dubuque, Iowa (City) is the owner of the following described real property: All of City Lot 449; all of City Lot 444; all of City Lot 444C, in the Southeast Y. of Section 24, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa, according to the recorded plats thereof, subject to easements and restrictions of record Whereas, Dubuque Bank & Trust now desires to obtain an easement through, under, and across a portion of said property for the purpose of constructing, using, maintaining, repairing and reconstructing an enclosed, underground passageway within such easement area, for passage between properties now owned by Dubuque Bank & Trust; and Whereas, on 14th day of October, 2003, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in real property and overruled all objections thereto; and Whereas, the City Council finds that it is in the best interest of the City to approve the disposition of such real property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, approves the Tunnel Easement Agreement attached hereto for the purchase price of one dollar ($1.00), plus platting, publication and filing fees and the Mayor is hereby authorized and directed to sign this resolution and the Tunnel Easement Agreement. Section 2. That the conveyance of said Tunnel Easement Agreement be contingent upon Dubuque Bank & Trust Passed, approved and adopted this 20th day of October, 2003. Terrance M. Duggan, Mayor 340 Regular Session, October 20, 2003 Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Vacating Petition - John F. Kennedy Road Easement: Proof of publication on notice of hearing to consider disposing of City interest and vacating a portion of the John F. Kennedy roadway and utility easement to Grand View United Methodist Church and City Manager recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 407-03 RESOLUTION DISPOSING OF INTEREST AND VACATE A PORTION OF THE JOHN F. KENNEDY ROADWAY AND UTILITY EASEMENT OVER LOT 1 AND LOT 2 OF BARTON RANDLE ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 10th day of October, 2003, the City Council of the City of Dubuque, Iowa met on the 20th day of October, 2003, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the release of real estate described as: A Portion of the John F. Kennedy Roadway and Utility Easement on Lot 1 and Lot 2 of Barton Randle Addition in the City of Dubuque, Dubuque County, Iowa, as shown on the Attached Exhibit A Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to dispose of interest of the City of Dubuque, Iowa, in the hereinabove described real estate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa, in real property described as A Portion of the John F. Kennedy Roadway and Utility Easement on Lot 1 and Lot 2 of Barton Randle Addition in the City of Dubuque, Iowa as shown on Exhibit A be and the same is hereby approved for the cost of publication and filing fees. Section 2. That the Mayor be authorized and directed to execute a Release of Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to Grand View United Methodist Church upon receipt of the above fees. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 20th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. General Obligation Capital Loan Notes: Proof of publication on notice of hearing to consider the issuance of not to exceed $500,000 General Obligation Capital Loan Notes to support the Adams Company expansion project at the Dubuque Industrial Center West and City Manager recommending approval, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 408-03 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $500,000 GENERAL OBLIGATION CAPITAL LOAN NOTES WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan Agreement and the issuance of not to exceed $500,000 General Obligation Capital Loan Notes, for the purpose of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Iowa Code and the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, including those costs associated with the funding of an economic deveiopment grant to the Adams Company under the Development Agreement dated May 19, 2003 between the City and said developer, and no petition was filed calling for a referendum thereon and the Council has considered the extent of objections received from residents or property owners as to said proposai and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization of a Loan Agreement and issuance in the manner required by iaw of not to exceed $500,000 General Obligation Capital Regular Session, October 20, 2003 341 Loan Notes, to evidence the obligation thereof for the foregoing purpose. Section 2. The Clerk and Finance Officer are authorized and directed to proceed on behalf of the City with the negotiation of terms of a Loan Agreement and the issuance of Generai Obligation Capital Loan Notes, evidencing the City's obligations to a principal amount of not to exceed $500,000, to select a date for the final approval thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to pemnit the completion of a loan on a basis favorable to the City and acceptable to the Council. Passed, approved and adopted this 20th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Eagle Point Water Plant Chemical Compound and Roof Addition Project: Proofs of publication on notice of hearing on pians and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Eagle Point Water Plant Chemicai Compound and Roof Addition Project to Kluck Construction Company, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 409-03 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 15th day of September, 2003 plans, specifications, fomn of contract and estimated cost were filed with the City Clerk of Dubuque, iowa for the renovation of the Chemicai Compound Buiiding located at the Eagle Point Water Piant at 1902 Hawthorne Street, Dubuque, Iowa. WHEREAS, notice of hearing on plans, specifications, fomn of contract and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCiL OF THE CITY OF DUBUQUE, IOWA: Section 1. The said plans, specifications, fomn of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimate cost of said improvement for said project. Passed, adopted and approved this 20th day of October 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 410-03 AWARD OF CONTRACT WHEREAS, the Eagle Point Water Piant Chemical Compound Building Project has been budgeted and WHEREAS, Kluck Construction Company of Dubuque, Iowa has submitted to the City an agreement to conduct construction services of this improvement in the amount of $35,848.36. WHEREAS, Funds have been iegally appropriated for this expenditure. NOW THEEFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the City Manager be authorized to execute the agreement for construction services with Kluck Construction Company of Dubuque, Iowa dated October 9, 2003 for the renovation of the Chemical Compound Wall and Roof Replacement Project at the Eagle Point Water Plant. Passed, adopted and approved this 20th day of October 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Eagle Point Water Plant ADA Renovation Project: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending rejection of the bids received for the Eagle Point Water Plant ADA Renovation Project, presented and read. Cline moved that the proof and communication be received and filed and recommendation approved. Seconded by Michalski. Motion carried 7-0. I RESOLUTION NO.Å11-03 RESOLUTION RESCINDING RESOLUTION NO. 333-03 PRELIMINARY APPROVAL OF THE PLANS AND SPECIFICATIONS FOR THE RENOVATION OF THE EAGLE POINT WATER PLANT AT 1902 HAWTHORNE STREET, DUBUQUE IOWA, TO THE AMERICAN DISABILITY ACT STANDARDS Whereas, an advertisement for bids for the renovation of the Eagle Point Water Plant at 1902 Hawthorne Street to comply with the American Disability Act Standards was published on September 19, 2003; and Whereas, the City Council deemed it advisable to reject all bids received, abandon the project and re-bid the project at a later date. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That Resolution No. 333-03, Preliminary Approval of Plans and Specifications for the renovation of the Eagle Point Water Plant to 342 Regular Session, October 20, 2003 American Disability Act Standards Project be rescinded and that said project be re-bid at a later date. Passed, approved and adopted this 20 day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Michalski moved that the rules be reinstated limiting discussion to the Council. Seconded by Cline. Motion carried 7-0. ACTION ITEMS Establishment of the Warehouse Neighborhood Demolition District: Communication from the Historic Preservation Commission recommending City Council approval of an amendment to the Demolition District Ordinance that would establish the Warehouse Neighborhood Demolition District, and an Ordinance Amending Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11- 4(a) by creating the Warehouse Neighborhood Demolition District, presented and read. Chris Wand, Chair of the Historic Preservation Commission, spoke stating that the Historic Preservation Commission would review demolition requests but the City Council would approve. Darren Harmon, on behalf of Jeld-Wen, spoke against the establishment of the district, citing premature action as no economic feasibility study had been done. Michalski moved that this item be tabled and referred back to the Historic Preservation Commission. Seconded by Nicholson. Motion carried 7-0. Freedom Ridge Estates - Preliminary Plat: Zoning Advisory Commission recommending approval of the preliminary plat of Freedom Ridge Estates located on the north side of Oakland Famns Road in Dubuque County as requested by John and Tina Perry, presented and read. Mr. Perry spoke requesting approval. Markham moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Administrative Fee - Police Authorized Vehicle Impoundments: City Manager recommending approval of an amendment to the Code of Ordinances to provide for a $20.00 administrative fee for the towing and impoundment of vehicles by the Police Department, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. An Ordinance Amending the City of Dubuque Code of Ordinances Section 32-432 Unauthorized Removal of Vehicle by adding the requirement of payment of an administrative fee to the City of Dubuque before an impounded vehicle can be removed from a facility where it is being held, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 81-03 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-432 UNAUTHORIZED REMOVAL OF VEHICLE BY ADDING THE REQUIREMENT OF PAYMENT OF AN ADMINISTRATIVE FEE TO THE CITY OF DUBUQUE BEFORE AN IMPOUNDED VEHICLE CAN BE REMOVED FROM A FACILITY WHERE IT IS BEING HELD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 Sec. 32-432. Unauthorized Removal Of Vehicle: (a) It shall be unlawful for any person to remove a vehicle from the facility where it is being held without the prior payment of accrued fines and costs for each outstanding violation, towing, preservation and storage charges, and a City administrative fee of $20 payable to the City of Dubuque resulting from placing the vehicle in custody and the costs of the notice required pursuant to Section 32-431. (b) The Chief of Police is authorized to summarily reimpound any vehicle removed in violation of this Section. (1976 Code, § 25-392); and Passed, approved and adopted this 20th day of October. Is/Terrance M. Duggan, Mayor Attest: IslJeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 24th day of October, 2003. IslJeanne F. Schneider, CMC, City Clerk 11 10/24 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Purchase of Real Estate at 1911 Windsor Avenue: City Manager recommending approval of the purchase of a single-family dwelling located at 1911 Windsor Avenue, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Regular Session, October 20, 2003 343 RESOLUTION NO. 412-03 A RESOLUTION APPROVING THE ACQUISI- TION OF REAL ESTATE LOCATED AT 1911 WINDSOR AVENUE, IN THE CITY OF DUBUQUE WHEREAS, The City of Dubuque has a secured interest in a property at 1911 Windsor Avenue; and WHEREAS, this interest is subordinate to a first mortgage and will be otherwise lost due to a legai action to cause forfeiture. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 2 of the Subdivision of Lot 22 in Cook's Addition, in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof. At the cost of Fifty-Two Thousand, Six Hundred Eighty Five dollars ($52,685.00) Section 2. That the City of Dubuque be and is hereby authorized and directed to accept a Quit Claim deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of this Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 20th day of October, 2003. Terrance M Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Key West Drive Signage I Parking: City Manager recommending that parking be prohibited on both sides of Key West Drive from Maquoketa Drive to the southeriy City limits and that the existing stop signs at this intersection be added to the City's Code of Ordinances, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. An Ordinance amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa, prohibiting parking on designated streets or portions thereof by adding a portion of Rockdale Road and Key West Drive, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 82-03 ORDINANCE AMENDING SECTION 32-262(d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF ADDING A PORTION OF ROCKDALE ROAD AND KEY WEST DRIVE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, is amended by deleting from Subsection (d) of Section 32-262 the following: Rockdale Road, east side, from Marjo (Quarry) Road to Fox Drive. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa, is amended by adding to Subsection (d) of Section 32-262 the following: Rockdale Road, both sides, from South Grandview Avenue to a point one hundred eighty feet (180') south of Kehl Court and from Maquoketa Drive to a point six hundred feet (600') south of Fox Drive. Key West Drive, both sides, from Maquoketa Drive to the southerly City limit. Passed, approved and adopted this 20th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 24th day of October, 2003. Jeanne F. Schneider, City Clerk 1t 10/24 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. An Ordinance amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the addition of stop signs on Key West Drive and Rockdale Road, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 83-03 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (b) OF SECTION 32-214 THEREOF PROVIDING FOR THE ADDITION OF STOP SIGNS ON KEY WEST DRIVE AND ROCKDALE ROAD NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, IOWA: 344 Regular Session, October 20, 2003 Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, is amended by adding Rockdale Road and Maquoketa Drive and Key West Drive and Maquoketa Drive to Subsection (b) of Section 32-214 thereof as follows: "Sec. 32-214. Stop Intersections. (bl Northbound Key West Drive and Maquoketa Drive Southbound Rockdale Road and Maquoketa Drive Passed, approved and adopted this 20th day of October, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 24th day of October, 2003. Jeanne F. Schneider, City Clerk 11 10/24 Buol moved that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspended and further moved final consideration and passage of the Ordinances. Seconded by Connors. Motion carried 7-0. At 11:15 P.M. Markham moved to go into Closed Session reo Property Acquisition - Chapter 21.5(1)0) 2003 Code of Iowa and Collective Bargaining Strategy - Chapter 20.17(3) 2003 Code of Iowa. Seconded by Buol. Motion carried 7-0. At 11:44 P.M. Council reconvened Regular Session stating that staff had been given proper direction. There being no further business, Markham moved to adjourn. The meeting adjoumed at 11:45 P.M. 11 10/29 Isl Jeanne F. Schneider, CMC City Clerk Approved: 2003 Adopted: 2003 Mayor Council Members Attest: City Clerk Special Session, October 30, 2003 345 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, Thursday, October 30, 2003 Council met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl. Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing the Fiscal Year 2004 budget. Staff explained the sources and uses of funds for the Fiscal Year 2005 budget, including the use of funds in the operating budget and in the capital budget. The source of funds for the Fiscal Year 2004 adopted budget was also reviewed. There being no further business, Buol moved to adjourn. Seconded by Michalski. Motion carried 7-0. The special session adjourned at 7:24 p.m. Is! Jeanne F. Schneider, CMC City Clerk 11 11/10 Approved: 2003 2003 Adopted: Mayor Council Members Attest: City Clerk