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2003 October Council Proceedings Regular Session, October 6, 2003 299 DUBUQUE Notice of Claims/Suits: Amy Ellis for vehicle damage; Rachel Houselog for vehicle damage; CITY COUNCIL Shawn Kohnen for vehicle damage; Kristina OFFICIAL Keuter for vehicle damage; James Mess for PROCEEDINGS towing expense; Sodarock Properties, LLC vs Board of Review of the City of Dubuque, City Council, Regular Session, October 6, presented and read. Buol moved that the claims 2003 and suits be referred to the Legal Staff for investigation and report. Seconded by Markham. Council met in Regular Session at 6:30 P.M. Motion carried 7-0. in the Library Auditorium Present: Mayor Duggan, Council Members Corporation Counsel advising that the Buol, Cline, Connors, Markham, Michalski, following claims have been referred to Public Nicholson, City Manager Van Milligen, Entity Risk Services of Iowa, the agent for the Corporation Counsel Lindahl. Iowa Communities Assurance Pool: Mary Criss for personal injury; Charles Miller for personal Mayor Duggan read the call and stated this is injury, presented and read. Buol moved that a regular session of the City Council called for the communications be received and filed and the purpose of discussing such matters which concurred. Seconded by Markham. Motion may properly come before the City Council. carried 7-0. Invocation was given by Dr. Dan Thornton, Corporation Counsel recommending Interim Pastor of Third Presbyterian Church. settlement of the claims of Rachael Houselog for vehicle damage; Shawn Kohnen for vehicle Proclamations: White Cane Safety Day damage, and Paula Martens for property (October 15, 2003) received by Shirley Conrad; damage and directing the Finance Department World Food Prize Week (October 12 – 18, 2003) to issue proper payment, presented and read. received by Dick Landis; and Make a Will Month Buol moved that the communications be (October, 2003) received by Ken Werth. received and filed and concurred and Finance Director to issue proper payments. Seconded CONSENT ITEMS by Markham. Motion carried 7-0. Minutes and Reports Submitted: City Council Corporation Counsel recommending denial of of 9/15 and 9/26; Civil Service Commission of the claim of Amy Ellis for vehicle damage, 7/30 and 9/5; Community Development Advisory presented and read. Buol moved that the Commission of 9/3; Downtown Planning communication be received and filed and Committee of 8/25 and 9/8; Electrical Code concurred. Seconded by Markham. Motion Board of 9/22; Five Flags of 8/18; Historic carried 7-0. Preservation Commission of 8/21 and 9/18; Housing Code Appeals Board of 8/19; Housing Corporation Counsel recommending that the Commission Trust Fund Committee of 9/12; claim of Gary Nauman for vehicle damage be Long Range Planning Advisory Commission of referred to the Greyhound Corporate Office, 8/20; Park and Recreation Commission of 9/23; presented and read. Buol moved that the Plumbing Board of 9/9; Zoning Advisory communication be received and filed and Commission of 9/3; Zoning Board of Adjustment concurred. Seconded by Markham. Motion of 8/28, presented and read. Buol moved that carried 7-0. the minutes be received and filed. Seconded by Markham. Motion carried 7-0. Sodarock Properties, L.L.C. Tax Appeal: Corporation Counsel submitting a Stipulation of Proofs of publication of City Council Settlement of a tax assessment appeal for Proceedings of August 11, September 2, 3, and property located at 1607 Wingate Drive, 4, 2003 and List of Claims and Summary of presented and read. Buol moved that the Revenues for month ending August 31, 2003, communication be received and filed and presented and read. Buol moved that the proofs approved Stipulation of Settlement. Seconded be received and filed. Seconded by Markham. by Markham. Motion carried 7-0. Motion carried 7-0. Eagle Food Centers, Inc.: Communication Printed Council Proceedings for month of July, from David W. Leifker regarding the closing of 2003, presented and read. Buol moved that the the Elm Street Eagle’s store, presented and proceedings be received and filed and approved read. Buol moved that the communication be as printed. Seconded by Markham. Motion received and filed. Seconded by Markham. carried 7-0. Motion carried 7-0. 300 Regular Session, October 6, 2003 We hereby certify that the individuals listed on Notices of filing in the United States the attached sheet have passed this written Bankruptcy Court for the Northern District of examination and the vacancy for this position Illinois Eastern Division by Eagle Food Centers, should be made from this list and that this list is Inc., et al, notices of motion authorizing and good for two (2) years from above date. approving the retention of Grafe Auction Respectfully submitted, Company, Inc. as Liquidating Agent; and /s/ Merle Duehr, Chairperson proposed agenda for September 30, 2003 /s/ Loras Kluesner hearings, presented and read. Buol moved that /s/ Richard Wertzberger the communications be received and filed. Civil Service Commission Seconded by Markham. Motion carried 7-0. ACCOUNT CLERK Ryan M. Cline Eric M. Amberg Downtown Comprehensive Plan: Commu-Patrick R. Fitzsimons Rod W. Warnke nication from Bob Felderman requesting that the Danielle M. Sons Karen S. Ohnesorge City Council support the implementation of the Gail A. Kuhle Jim H. Kopp Dubuque Downtown Comprehensive Plan by Carl E. Heidesch Rebecca J. Cullum placing it in the Top Priority List, presented and Deborah A. Michel Linda T. Goldsmith read. Buol moved that the communication be Patrick R. Coulthard Stacy A. Banowetz received and filed. Seconded by Markham. Charles C. Northrup, Jr. Jane M. Link Motion carried 7-0. Ellen O. Ernst Kelly L. Edmonds Kristina I. Keck Merilyn C. Tommaro Citizen Communications: Lisa K. Speth Deanne M. Roussel Request of David A. Ludovissy and Alan Arzu Mark J. Pitzen Pamela J. Akers to vacate the Hodgden Street/Steps located Mark C. Westhoff Michelle Y. Scott between 715 and 787 West Locust, presented Penny S. Roeder Adam J. Miller and read. Buol moved that the communication Kimberly A. Tsacudakis Sandra R. Spoerl be received and filed and referred to the City Curran J. Smothers Shawn M. Slight Manager. Seconded by Markham. Motion Jacklyn A. McCoy Jenna M. Lanser carried 7-0. Rosemary Hopkins Sharon A. Geers Request of Damian F. Arensdorf to purchase a Joan L. Frye LouAnn K. Ward portion of a City street/alley abutting his property Lynn M. Noel Tami L. Lansing at 2117 Saint Celia Street, presented and read. Kimberly K. Cook Mary J. Gerardy Buol moved that the communication be received Buol moved that the communication be and filed and referred to the City Manager. received and filed and made a matter of record. Seconded by Markham. Motion carried 7-0. Seconded by Markham. Motion carried 7-0. Communication of Mary Brashaw regarding the traffic situation around the Washington Flora Pool Painting Project: City Manager School/Lombard Street area, presented and recommending acceptance of the Flora Pool read. Buol moved that the communication be Painting Project in the final contract amount of received and filed and referred to the City $86,175.00, presented and read. Buol moved Manager. Seconded by Markham. Motion that the communication be received and filed. carried 7-0. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 349-03 USS Dubuque: Communication from LTJG ACCEPTING IMPROVEMENT Joe Goldsberry of the USS Dubuque, LPD-8 inviting the Mayor and City Council Members to WHEREAS, the contract for the FLORA POOL take a cruise on the USS Dubuque during Fleet PAINTING PROJECT has been completed and Week in San Diego, CA on October 4, 2003, the City Manager has examined the work and presented and read. Michalski moved that the filed his certificate stating that the same has communication be received and filed. Seconded been completed according to the terms of the by Nicholson. Motion carried 7-0. contract, plans and specifications and recommends its acceptance. Civil Service Commission: Civil Service NOW, THEREFORE, BE IT RESOLVED, BY Commission submitting the certified list for the THE CITY COUNCIL OF THE CITY OF position of Account Clerk I, presented and read. DUBUQUE, IOWA: 1. That the recommendation of the City September 5, 2003 Manager be approved and that said Honorable Mayor and improvement be and the same is hereby Members of the City Council accepted. In accordance with Chapter 400 of the 2003 BE IT FURTHER RESOLVED that the City Code of Iowa, an examination for the position of Treasurer be and he is hereby directed to pay to Account Clerk I was given on August 25, 2003. the contractor from the General Fund in amount Regular Session, October 6, 2003 301 equal to the amount of his contract, less any Arrowhead Storm Sewer Project, and cable retained percentage provided for therein. franchise fees in amounts equal to the amount Passed, approved and adopted this 6th day of of his contract, less any retained percentage October, 2003. provided for therein. th Terrance M. Duggan, Mayor Passed, approved and adopted this 6 day of Attest: Jeanne F. Schneider, City Clerk October, 2003. Buol moved adoption of the Resolution. Terrance M. Duggan, Mayor Seconded by Markham. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. RESOLUTION NO. 350-03 Seconded by Markham. Motion carried 7-0. FINAL ESTIMATE RESOLUTION NO. 352-03 WHEREAS, the contract for the FLORA POOL FINAL ESTIMATE PAINTING PROJECT has been completed and the Engineer has submitted his final estimate Whereas, the contract for the Port of Dubuque showing the cost thereof including the cost of Utility Relocation and Extension Project – Phase estimates, notices and inspection and all III has been completed and the City Engineer miscellaneous costs; has submitted his final estimate showing the NOW, THEREFORE, BE IT RESOLVED, BY cost thereof including the cost of estimates, THE CITY COUNCIL OF THE CITY OF notices and inspection and all miscellaneous DUBUQUE, IOWA: costs. Section 1. That the cost of said improvement NOW THEREFORE, BE IT RESOLVED BY is hereby determined to be $86,175.00, and the THE CITY COUNCIL OF THE CITY OF said amount shall be paid from the General DUBUQUE, IOWA: Fund of the City of Dubuque, Iowa. Section 1. That the cost of said improvement Passed, approved and adopted this 6th day of is hereby determined to be $392,274.94 and the October, 2003. said amount shall be paid from the Moore Terrance M. Duggan, Mayor Heights Sanitary Sewer Capital Improvement Attest: Jeanne F. Schneider, City Clerk Project, General Watermain Construction Fund, Buol moved adoption of the Resolution. Wallis/Arrowhead Storm Sewer Project, and Seconded by Markham. Motion carried 7-0. cable franchise fees of the City of Dubuque, Iowa. th Port of Dubuque Utility Extension - Phase III Passed, approved and adopted this 6 day of Project: City Manager recommending October, 2003. acceptance of the Port of Dubuque Utility Terrance M. Duggan, Mayor Extension - Phase III Project as completed by Attest: Jeanne F. Schneider, CMC, City Clerk Stewart Construction in the final contract amount Buol moved adoption of the Resolution. of $341,108.64, presented and read. Buol Seconded by Markham. Motion carried 7-0. moved that the communication be received and filed. Seconded by Markham. Motion carried 7-Peosta Channel/Jaycee Trail Project: City 0. Manager recommending acceptance of the Peosta Channel/Jaycee Trail Project as RESOLUTION NO. 351-03 completed by Tschiggfrie Excavating Co., in the ACCEPTING IMPROVEMENT final contract amount of $348,927.03, presented Whereas, the contract for the Port of Dubuque and read. Buol moved that the communication Utility Relocation and Extension Project – Phase be received and filed. Seconded by Markham. III has been completed and the City Manager Motion carried 7-0. has examined the work and filed his certificate RESOLUTION NO. 353-03 stating that the same has been completed ACCEPTING IMPROVEMENT according to the terms of the contract, plans and specifications and recommends its acceptance. Whereas, the contract for the Dubuque NOW THEREFORE, BE IT RESOLVED BY Jaycees / Peosta Channel Trail Project has THE CITY COUNCIL OF THE CITY OF been completed and the City Manager has DUBUQUE, IOWA: examined the work and filed his certificate Section 1. That the recommendation of the stating that the same has been completed City Manager be approved and that said according to the terms of the contract, plans and improvement be and the same is hereby specifications and recommends its acceptance. accepted. NOW THEREFORE, BE IT RESOLVED BY BE IT FURTHER RESOLVED that the City THE CITY COUNCIL OF THE CITY OF Treasurer be and he is hereby directed to pay to DUBUQUE, IOWA: the contractor from the Moore Heights Sanitary Section 1. That the recommendation of the Sewer Capital Improvement Project, General City Manager be approved and that said Watermain Construction Fund, Wallis / 302 Regular Session, October 6, 2003 improvement be and the same is hereby NOW THEREFORE, BE IT RESOLVED BY accepted. THE CITY COUNCIL OF THE CITY OF BE IT FURTHER RESOLVED that the City DUBUQUE, IOWA: Treasurer be and he is hereby directed to pay to Section 1. That the recommendation of the the contractor from the Heritage Trail Primary City Manager be approved and that said Route Capital Improvement budget of the City of improvement be and the same is hereby Dubuque, Iowa, and the Iowa Department of accepted. Transportation Recreational Trails Grant in BE IT FURTHER RESOLVED that the City amounts equal to the amount of his contract, Treasurer be and he is hereby directed to pay to less any retained percentage provided for the contractor in the amount equal to the amount therein. of his contract, less any retained percentage th Passed, approved and adopted this 6 day of provided for therein, and the City shall be October, 2003. reimbursed in the amount of 30% of said Terrance M. Duggan, Mayor contract amount from the Dubuque County Attest: Jeanne F. Schneider, CMC, City Clerk Historical Society and 70% of said contract Buol moved adoption of the Resolution. amount from the Iowa Department of Seconded by Markham. Motion carried 7-0. Transportation, TEA-21 Grant. th Passed, approved and adopted this 6 day of RESOLUTION NO. 354-03 October, 2003. FINAL ESTIMATE Terrance M. Duggan, Mayor Whereas, the contract for the Dubuque Attest: Jeanne F. Schneider, CMC, City Clerk Jaycees / Peosta Channel Trail Project has Buol moved adoption of the Resolution. been completed and the City Engineer has Seconded by Markham. Motion carried 7-0. submitted his final estimate showing the cost RESOLUTION NO. 356-03 thereof including the cost of estimates, notices FINAL ESTIMATE and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY Whereas, the contract for the Woodward THE CITY COUNCIL OF THE CITY OF Museum – 2000 Renovations Project, Contract DUBUQUE, IOWA: No. 3 - Carpentry has been completed and the Section 1. That the cost of said improvement City Engineer has submitted his final estimate is hereby determined to be $395,034.03 and the showing the cost thereof including the cost of said amount shall be paid from the Heritage Trail estimates, notices and inspection and all Primary Route Capital Improvement budget of miscellaneous costs. the City of Dubuque, Iowa, and the Iowa NOW THEREFORE, BE IT RESOLVED BY Department of Transportation Recreational THE CITY COUNCIL OF THE CITY OF Trails Grant. DUBUQUE, IOWA: th Passed, approved and adopted this 6 day of Section 1. That the cost of said improvement October, 2003. is hereby determined to be $83,069.00 and the Terrance M. Duggan, Mayor said improvement shall be paid by the City as Attest: Jeanne F. Schneider, CMC, City Clerk provided therein, and the City shall be Buol moved adoption of the Resolution. reimbursed in the amount of 30% of said Seconded by Markham. Motion carried 7-0. contract amount from the Dubuque County Historical Society and 70% of said contract Woodward Museum Restoration Project: City amount from the Iowa Department of Manager recommending acceptance of the Transportation, TEA-21 Grant. th Woodward Museum Restoration Project as Passed, approved and adopted this 6 day of completed by Klauer Construction Company in October, 2003. the final contract amount of $83,069, presented Terrance M. Duggan, Mayor and read. Buol moved that the communication Attest: Jeanne F. Schneider, CMC, City Clerk be received and filed. Seconded by Markham. Buol moved adoption of the Resolution. Motion carried 7-0. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 355-03 Railroad Depot Restoration Project: City ACCEPTING IMPROVEMENT Manager recommending acceptance of the Whereas, the contract for the Woodward Railroad Depot Restoration Project – Contract Museum – 2000 Renovations Project, Contract #7 as completed by Renaissance Restoration, No. 3 - Carpentry has been completed and the Inc., in the final contract amount of $35,928 and City Manager has examined the work and filed Contract #8 as completed by Rafoth Sheet his certificate stating that the same has been Metal, Inc. in the final contract amount of completed according to the terms of the $99,747, presented and read. Buol moved that contract, plans and specifications and the communication be received and filed. recommends its acceptance. Seconded by Markham. Motion carried 7-0. Regular Session, October 6, 2003 303 RESOLUTION NO. 357-03 RESOLUTION NO. 359-03 ACCEPTING IMPROVEMENT ACCEPTING IMPROVEMENT Whereas, the contract for the Burlington Whereas, the contract for the Burlington Northern Railroad Depot Restoration Project, Northern Railroad Depot Restoration Project, Contract No. 7 – Finish Carpentry has been Contract No. 8 – Roofing has been completed completed and the City Manager has examined and the City Manager has examined the work the work and filed his certificate stating that the and filed his certificate stating that the same has same has been completed according to the been completed according to the terms of the terms of the contract, plans and specifications contract, plans and specifications and and recommends its acceptance. recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: DUBUQUE, IOWA: Section 1. That the recommendation of the Section 1. That the recommendation of the City Manager be approved and that said City Manager be approved and that said improvement be and the same is hereby improvement be and the same is hereby accepted. accepted. BE IT FURTHER RESOLVED that the City BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to Treasurer be and he is hereby directed to pay to the contractor in the amount equal to the amount the contractor in the amount equal to the amount of his contract, less any retained percentage of his contract, less any retained percentage provided for therein, and the City shall be provided for therein, and the City shall be reimbursed in the amount of 20% of said reimbursed in the amount of 20% of said contract amount from the Dubuque County contract amount from the Dubuque County Historical Society and 80% of said contract Historical Society and 80% of said contract amount from the Iowa Department of amount from the Iowa Department of Transportation, TEA-21 Grant. Transportation, TEA-21 Grant. thth Passed, approved and adopted this 6 day of Passed, approved and adopted this 6 day of October, 2003. October, 2003. Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 358-03 RESOLUTION NO. 360-03 FINAL ESTIMATEFINAL ESTIMATE Whereas, the contract for the Burlington Whereas, the contract for the Burlington Northern Railroad Depot Restoration Project, Northern Railroad Depot Restoration Project, Contract No. 7 – Finish Carpentry has been Contract No. 8 – Roofing has been completed completed and the City Engineer has submitted and the City Engineer has submitted his final his final estimate showing the cost thereof estimate showing the cost thereof including the including the cost of estimates, notices and cost of estimates, notices and inspection and all inspection and all miscellaneous costs. miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: DUBUQUE, IOWA: Section 1. That the cost of said improvement Section 1. That the cost of said improvement is hereby determined to be $35,928.00 and the is hereby determined to be $99,747.00.00 and said improvement shall be paid by the City as the said improvement shall be paid by the City provided for therein, and the City shall be as provided for therein, and the City shall be reimbursed in the amount of 20% of said reimbursed in the amount of 20% of said contract amount from the Dubuque County contract amount from the Dubuque County Historical Society and 80% of said contract Historical Society and 80% of said contract amount from the Iowa Department of amount from the Iowa Department of Transportation, TEA-Grant. Transportation, TEA-21 Grant. thth Passed, approved and adopted this 6 day of Passed, approved and adopted this 6 day of October, 2003. October, 2003. Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Seconded by Markham. Motion carried 7-0. 304 Regular Session, October 6, 2003 Whereas, DuTrac Community Credit Union Acceptance of Sanitary Sewer Easement – has executed a conveyance of said property. John F. Kennedy Road: City Manager NOW THEREFORE, BE IT RESOLVED BY recommending acceptance of a corrected THE CITY COUNCIL OF THE CITY OF sanitary sewer easement from Dubuque DUBUQUE, IOWA: Community School District, presented and read. Section 1. The City Council of the City of Buol moved that the communication be received Dubuque, Iowa, hereby approves and consents and filed. Seconded by Markham. Motion to the Warranty Deed from DuTrac Community carried 7-0. Credit Union, copies of which are attached hereto, as acquired by Iowa Code Section RESOLUTION NO. 361-03 569.7. A RESOLUTION ACCEPTING A SANITARY Section 2. The Mayor is hereby authorized SEWER EASEMENT ON A PART OF LOT 2-3- and directed to execute and acknowledge on 1 OF HELEN E. AND MARY H. STEWART behalf of the City of Dubuque any instruments in SUBDIVISION IN THE CITY OF DUBUQUE connection herewith. th Whereas, the Dubuque Community School Passed, approved and adopted this 6 day of District agreed to convey a sanitary sewer October, 2003. easement on a part of Lot 2-3-1 of Helen E. and Terrance M. Duggan, Mayor Mary H. Stewart Subdivision, in the City of Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque, Iowa, as shown on the attached Buol moved adoption of the Resolution. thereof; and Seconded by Markham. Motion carried 7-0. Whereas, the Dubuque Community School District has executed an easement for sanitary Alexander Company – Application for Historic sewer of said property. Tax Credits: City Manager recommending that NOW THEREFORE, BE IT RESOLVED BY the City endorse The Alexander Company’s THE CITY COUNCIL OF THE CITY OF applications for National Register certification DUBUQUE, IOWA: and federal and state historic tax credits for the Section 1. The City Council of the City of rehabilitation of the Star Brewery Company, Dubuque, Iowa, hereby approves of, accepts presented and read. Buol moved that the and consents to the sanitary sewer easement communication be received and filed and from the Dubuque Community School District, approved recommendation. Seconded by copies of which are attached hereto, as required Markham. Motion carried 7-0. by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized Iowa Brownfield Redevelopment Program and directed to execute and acknowledge on Application: City Manager recommending behalf of the City of Dubuque any instruments in approval of an Iowa Brownfield Development connection herewith. Program application to the Iowa Department of th Passed, approved and adopted this 6 day of Economic Development to assist with October, 2003. environmental remediation of City-owned Terrance M. Duggan, Mayor property in the Port of Dubuque, presented and Attest: Jeanne F. Schneider, CMC, City Clerk read. Buol moved that the communication be Buol moved adoption of the Resolution. received and filed. Seconded by Markham. Seconded by Markham. Motion carried 7-0. Motion carried 7-0. RESOLUTION NO. 363-03 Acceptance of Warranty Deed: City Manager A RESOLUTION ENDORSING THE SUBMIS- recommending acceptance of a warranty deed SION OF AN IOWA BROWNFIELD from DuTrac Community Credit Union for a right- REDEVELOPMENT PROGRAM APPLICATION of-way purchase on South Way at Asbury Road, TO THE IOWA DEPARTMENT OF ECONOMIC presented and read. Buol moved that the DEVELOPMENT FOR ENVIRONMENTAL communication be received and filed. Seconded REMEDIATION ACTIVITIES IN THE PORT OF by Markham. Motion carried 7-0. DUBUQUE. RESOLUTION NO. 362-03 Whereas, the City of Dubuque is interested in A RESOLUTION ACCEPTING A CONVEY- promoting further economic development ANCE OF PROPERTY ON SOUTH WAY TO opportunities in the Port of Dubuque area to THE CITY OF DUBUQUE retain and attract new job creating businesses to Whereas, DuTrac Community Credit Union this community; and agreed to convey Tract A of Lot 1 in Block 1 of `Whereas, the City of Dubuque and its America’s River Westchester Subdivision in the City of Dubuque, partners are investing over Dubuque County, Iowa, as shown on the $188 million in the Port of Dubuque; and Warranty Deed thereof; 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 Whereas, the City of Dubuque has identified property; and Pyatigorsk Park as an important trailhead facility Whereas, the Iowa Department of Economic to be developed as part of the Heritage Trail America’s River Development, through its Iowa Brownfield Riverfront System and Project; Redevelopment Program, has monies available and for the remediation of contaminated properties Whereas, the Iowa Department of owned by municipalities. Transportation has Federal Recreational Trails NOW, THEREFORE, BE IT RESOLVED BY Funds for the development of trail-related THE CITY COUNCIL OF THE CITY OF projects; and DUBUQUE, IOWA: Whereas, the City of Dubuque has adopted a Section 1. That the City of Dubuque hereby Comprehensive Plan and a Riverfront Plan that endorses an application to the Iowa Department include goals for development of trailheads and of Economic Development for Iowa Brownfield public parks along the Heritage Trail Riverfront Redevelopment Program funding in the amount System. of $142,655 to assist in the remediation of NOW THEREFORE, BE IT RESOLVED BY petroleum contaminated property in the Port of THE CITY COUNCIL OF THE CITY OF Dubuque. DUBUQUE, IOWA: Section 2. That the City Manager is authorized Section 1. The Mayor hereby is authorized to to sign, on behalf of the City Council, an sign this resolution authorizing application to the application for Iowa Brownfield Redevelopment Iowa Department of Transportation for Federal Program funding. Recreational Trails Funds for Pyatigorsk Park. th Passed, approved and adopted this 6 day of Section 2. The Planning Services Manager is October, 2003. hereby authorized to submit the application to Terrance M. Duggan, Mayor the Iowa Department of Transportation for Attest: Jeanne F. Schneider, City Clerk Federal Recreational Trail Funds for Pyatigorsk Buol moved adoption of the Resolution. Park. Seconded by Markham. Motion carried 7-0. Section 3. That in the event said application is approved, the City Council hereby provides its Thunderbirds’ Contract: City Manager written assurance that the completed project will recommending approval of the rental agreement be adequately maintained for its intended use with Dubuque Hockey, Inc. (Thunderbirds) for for a minimum of twenty (20) years following use of the Five Flags Center for the 2003 – 2004 project completion. th season, presented and read. Buol moved that Passed, approved and adopted this 6 day of the communication be received and filed and October 2003. approved rental agreement. Seconded by Terrance M. Duggan, Mayor Markham. Motion carried 7-0. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Iowa Federal Recreational Trails Program: Seconded by Markham. Motion carried 7-0. City Manager submitting a letter to the Iowa Federal Recreational Trails Program in support S. 150 – The Internet Nondiscrimination Act: of the City of Farley’s request for funding for City Manager recommending approval of the their Heritage Trail Connection project, submittal of letters to Senator Charles Grassley presented and read. Buol moved that the and Senator Tom Harkin regarding concerns communication be received and filed and with S. 150 – The Internet Nondiscrimination approved. Seconded by Markham. Motion Act, presented and read. Buol moved that the carried 7-0. communication be received and filed and approved recommendation. Seconded by Federal Recreation Trail Grant – Pyatigorsk Markham. Motion carried 7-0. Park: City Manager recommending approval of the submission of a Federal Recreational Trails United States Conference of Mayors: grant application for Pyatigorsk Park to the Iowa Communication from Tom Cochran, Executive Department of Transportation, presented and Director, the United States Conference of read. Buol moved that the communication be Mayors, regarding the MTBE (methyl tertiary received and filed. Seconded by Markham. butyl ether) liability issue, presented and read. Motion carried 7-0. Buol moved that the communication be received and filed. Seconded by Markham. Motion RESOLUTION NO. 364-03 carried 7-0. RESOLUTION AUTHORIZING A GRANT City Manager submitting letters to Senator APPLICATION TO THE IOWA DEPARTMENT Grassley, Senator Harkin and Representative OF TRANSPORTATION FOR FEDERAL Nussle urging them to oppose any amendment RECREATIONAL TRAILS FUNDS FOR to the comprehensive energy bill limiting liability PYATIGORSK PARK for manufacturers of MTBE, presented and read. 306 Regular Session, October 6, 2003 Buol moved that the communications be Buol moved adoption of the Resolution. received and filed and approved letters of Seconded by Markham. Motion carried 7-0. opposition. Seconded by Markham. Motion RESOLUTION NO. 366-03 carried 7-0. RESOLUTION AUTHORIZING AND PROVI- DING FOR THE ISSUANCE OF $2,110,000 General Obligation Bond Sale for Stormwater GENERAL OBLIGATION BONDS, SERIES Projects: City Manager recommending approval 2003, AND LEVYING A TAX TO PAY SAID of the final action for the issuance of the BONDS $2,100,000 General Obligation Bonds to support stormwater projects, presented and read. Buol WHEREAS, the Issuer is duly incorporated, moved that the communication be received and organized and exists under and by virtue of the filed. Seconded by Markham. Motion carried 7-laws and Constitution of the State of Iowa; and 0. WHEREAS, the Issuer is in need of funds to pay costs of the acquisition, construction, and RESOLUTION NO. 365-03 installation of stormwater and storm sewer utility RESOLUTION APPOINTING WELLS FARGO facilities and improvements, including the Carter BANK IOWA, NATIONAL ASSOCIATION OF Detention Basin, 32nd Street Detention Basin DES MOINES, IOWA, TO SERVE AS PAYING land acquisition, stormwater ditch remediation, AGENT, BOND REGISTRAR, AND NPDES compliance activities, and other storm TRANSFER AGENT, APPROVING THE sewer, stream bank and detention basin PAYING AGENT AND BOND REGISTRAR improvements, an essential corporate purpose, AND TRANSFER AGENT AGREEMENT AND and it is deemed necessary and advisable that AUTHORIZING THE EXECUTION OF THE General Obligation Bonds in the amount of AGREEMENT $2,110,000 be issued for said purpose; and WHEREAS, pursuant to the provisions of WHEREAS, pursuant to notice published as Chapter 75 of the Code of Iowa, $2,110,000 required by Section 384.25 of said Code, this General Obligation Bonds, Series 2003, dated Council has held a public meeting and hearing October 15, 2003, have been sold at public sale upon the proposal to institute proceedings for and action should now be taken to provide for the issuance of said Bonds, and the Council is the maintenance of records, registration of therefore now authorized to proceed with the certificates and payment of principal and interest issuance of said Bonds; and in connection with the issuance of the Bonds; WHEREAS, pursuant to the provisions of and Chapter 75 of the Code of Iowa, the above WHEREAS, this Council has deemed that the mentioned bonds were heretofore sold at public services offered by Wells Fargo Bank Iowa, sale and action should now be taken to issue National Association of Des Moines, Iowa, are said bonds conforming to the terms and necessary for compliance with rules, regulations, conditions of the best bid received at the and requirements governing the registration, advertised public sale: transfer and payment of registered Bonds; and NOW, THEREFORE, BE IT RESOLVED BY WHEREAS, a Paying Agent, Bond Registrar THE COUNCIL OF THE CITY OF DUBUQUE, and Transfer Agent Agreement (hereafter IOWA: "Agreement") has been prepared to be entered Section 1. Definitions. The following terms into between the City and Wells Fargo Bank shall have the following meanings in this Iowa, National Association. Resolution unless the text expressly or by NOW, THEREFORE, BE IT RESOLVED BY necessary implication requires otherwise: THE CITY COUNCIL OF DUBUQUE, IOWA: ‚ "Authorized Denominations" shall mean Section 1.That Wells Fargo Bank Iowa, $5,000 or any integral multiple thereof. National Association of Des Moines, Iowa, is ‚ "Beneficial Owner" shall mean the person in hereby appointed to serve as Paying Agent, whose name such Bond is recorded as the Bond Registrar and Transfer Agent in beneficial owner of a Bond by a Participant on connection with the issuance of $2,110,000 the records of such Participant or such person's General Obligation Bonds, Series 2003, dated subrogee. October 15, 2003. ‚ "Bond Fund" shall mean the fund created in Section 2. That the Agreement with Wells Section 3 of this Resolution. Fargo Bank Iowa, National Association of Des ‚ "Bonds" shall mean $2,110,000 General Moines, Iowa, is hereby approved and that the Obligation Bonds, Series 2003, authorized to be Mayor and Clerk are authorized to sign the issued by this Resolution. Agreement on behalf of the City. ‚ "Cede & Co." shall mean Cede & Co., the th Passed, approved and adopted this 6 day of nominee of DTC, and any successor nominee of October, 2003. DTC with respect to the Bonds. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Regular Session, October 6, 2003 307 ‚of the Bonds hereinafter authorized to be issued, "Continuing Disclosure Certificate" shall mean there is hereby levied for each future year the that certain Continuing Disclosure Certificate following direct annual tax on all of the taxable executed by the Issuer and dated the date of property in Dubuque, Iowa, to-wit: issuance and delivery of the Bonds, as originally FISCAL YEAR (JULY 1 TO JUNE 30) executed and as it may be amended from time AMOUNT YEAR OF COLLECTION: to time in accordance with the terms thereof. $316,921 2004/2005 ‚ "Depository Bonds" shall mean the Bonds as $157,188 2005/2006 issued in the form of one global certificate for $154,628 2006/2007 each maturity, registered in the Registration $157,068 2007/2008 Books maintained by the Registrar in the name $154,348 2008/2009 of DTC or its nominee. $151,628 2009/2010 ‚ "DTC" shall mean The Depository Trust $153,908 2010/2011 Company, New York, New York, a limited $155,848 2011/2012 purpose trust company, or any successor book- $152,428 2012/2013 entry securities depository appointed for the $153,865 2013/2014 Bonds. $154,965 2014/2015 ‚ "Issuer" and "City" shall mean the City of $155,765 2015/2016 Dubuque, Iowa. $156,255 2016/2017 ‚ "Participants" shall mean those broker-dealers, $156,425 2017/2018 banks and other financial institutions for which $156,265 2018/2019 DTC holds Bonds as securities depository. $155,765 2019/2020 ‚ "Paying Agent" shall mean Wells Fargo Bank $154,915 2020/2021 Iowa, National Association, or such successor $153,705 2021/2022 as may be approved by Issuer as provided $157,125 2022/2023 herein and who shall carry out the duties (NOTE: For example the levy to be made and prescribed herein as Issuer's agent to provide certified against the taxable valuations of for the payment of principal of and interest on January 1, 2003, will be collected during the the Bonds as the same shall become due. fiscal year commencing July 1, 2004). ‚ "Project Fund" shall mean the fund required to (b) Resolution to be Filed With County Auditor. be established by this Resolution for the deposit A certified copy of this Resolution should be filed of the proceeds of the Bonds. with the County Auditor of Dubuque County, ‚ "Rebate Fund" shall mean the fund so defined Iowa, and said Auditor is hereby instructed in in and established pursuant to the Tax and for each of the years as provided, to levy Exemption Certificate. and assess the tax hereby authorized in Section ‚ "Registrar" shall mean Wells Fargo Bank Iowa, 2 of this Resolution, in like manner as other National Association of Des Moines, Iowa, or taxes are levied and assessed, and such taxes such successor as may be approved by Issuer so levied in and for each of the years aforesaid as provided herein and who shall carry out the be collected in like manner as other taxes of the duties prescribed herein with respect to City are collected, and when collected be used maintaining a register of the owners of the for the purpose of paying principal and interest Bonds. Unless otherwise specified, the on said Bonds issued in anticipation of said tax, Registrar shall also act as Transfer Agent for the and for no other purpose whatsoever. Bonds. (c) Additional City Funds Available. Principal ‚ "Representation Letter" shall mean the Blanket and interest coming due at any time when the Issuer Letter of Representations executed and proceeds of said tax on hand shall be insufficient delivered by the Issuer to DTC. to pay the same shall be promptly paid when ‚ "Resolution" shall mean this resolution due from current funds of the City available for authorizing the Bonds. that purpose and reimbursement shall be made ‚ "Tax Exemption Certificate" shall mean the from such special fund in the amounts thus Tax Exemption Certificate executed by the advanced. Treasurer and delivered at the time of issuance Section 4. Application of Bond Proceeds. and delivery of the Bonds. Proceeds of the Bonds other than accrued ‚ "Treasurer" shall mean the City Treasurer or interest except as may be provided below shall such other officer as shall succeed to the same be credited to the Project Fund and expended duties and responsibilities with respect to the therefrom for the purposes of issuance. Any recording and payment of the Bonds issued amounts on hand in the Project Fund shall be hereunder. available for the payment of the principal of or Section 2. Levy and Certification of Annual interest on the Bonds at any time that other Tax; Other Funds to be Used. funds shall be insufficient to the purpose, in (a) Levy of Annual Tax. That for the purpose of which event such funds shall be repaid to the providing funds to pay the principal and interest Project Fund at the earliest opportunity. Any 308 Regular Session, October 6, 2003 balance on hand in the Project Fund and not 3.20 85,000 2008 immediately required for its purposes may be 3.20 85,000 2009 invested not inconsistent with limitations 3.20 85,000 2010 provided by law or this Resolution. Accrued 3.40 90,000 2011 interest, if any, shall be deposited in the Bond 3.60 95,000 2012 Fund. 3.75 95,000 2013 Section 5. Investments of Bond Fund 3.90 100,000 2014 Proceeds. All moneys held in the Bond Fund, 4.00 105,000 2015 provided for by Section 3 of this Resolution shall 4.10 110,000 2016 be invested in investments permitted by Chapter 4.20 115,000 2017 12B, Code of Iowa, 2003 (formerly Chapter 452, 4.30 120,000 2018 Code of Iowa, as amended) or deposited in 4.40 125,000 2019 financial institutions which are members of the 4.50 130,000 2020 Federal Deposit Insurance Corporation and the 4.60 135,000 2021 deposits in which are insured thereby and all 4.70 140,000 2022 such deposits exceeding the maximum amount 4.75 150,000 2023 insured from time to time by FDIC or its (b) Redemption. Bonds maturing after June equivalent successor in any one financial 1, 2013 may be called for redemption by the institution shall be continuously secured in Issuer and paid before maturity on said date or compliance with the State Sinking Fund any date thereafter, from any funds regardless provided under Chapter 12C of the Code of of source, in whole or from time to time in part, Iowa, 2003, as amended or otherwise by a valid in any order of maturity and within an annual pledge of direct obligations of the United States maturity by lot. The terms of redemption shall Government having an equivalent market value. be par, plus accrued interest to date of call. All such interim investments shall mature before Thirty days' notice of redemption shall be the date on which the moneys are required for given by first class mail to the registered owner payment of principal of or interest on the Bonds of the Bond. Failure to give such notice by mail as herein provided. to any registered owner of the Bonds or any Section 6. Bond Details, Execution and defect therein shall not affect the validity of any Redemption. proceedings for the redemption of the Bonds. (a) Bond Details. General Obligation Bonds, All bonds or portions thereof called for Series 2003, of the City in the amount of redemption will cease to bear interest after the $2,110,000, shall be issued pursuant to the specified redemption date, provided funds for provisions of Sections 384.24 and 384.25 of the their redemption are on deposit at the place of City Code of Iowa for the aforesaid purpose. payment. The Bonds shall be designated "GENERAL If selection by lot within a maturity is required, OBLIGATION BOND, SERIES 2003", be dated the Registrar shall designate the bonds to be October 15, 2003, and bear interest from the redeemed by random selection of the names of date thereof, until payment thereof, at the office the registered owners of the entire annual of the Paying Agent, said interest payable on maturity until the total amount of bonds to be June 1, 2004, and semiannually thereafter on called has been reached. the lst day of June and December in each year Section 7. Issuance of Bonds in Book-Entry until maturity at the rates hereinafter provided. Form; Replacement Bonds. The Bonds shall be executed by the manual or (a) Notwithstanding the other provisions of this facsimile signature of the Mayor and attested by Resolution regarding registration, ownership, the manual or facsimile signature of the Clerk, transfer, payment and exchange of the Bonds, and impressed or printed with the seal of the unless the Issuer determines to permit the City and shall be fully registered as to both exchange of Depository Bonds for Bonds in the principal and interest as provided in this Authorized Denominations, the Bonds shall be Resolution; principal, interest and premium, if issued as Depository Bonds in denominations of any, shall be payable at the office of the Paying the entire principal amount of each maturity of Agent by mailing of a check to the registered Bonds (or, if a portion of said principal amount is owner of the Bond. The Bonds shall be in the prepaid, said principal amount less the prepaid denomination of $5,000 or multiples thereof. amount); and such Depository Bonds shall be The Bonds shall mature and bear interest as registered in the name of Cede & Co., as follows: nominee of DTC. Payment of semi-annual Interest Principal Maturity interest for any Depository Bond shall be made Rate Amount June 1st by wire transfer or New York Clearing House or 3.20% $105,000 2004 equivalent next day funds to the account of 3.20 80,000 2005 Cede & Co. on the interest payment date for the 3.20 80,000 2006 Bonds at the address indicated in or pursuant to 3.20 80,000 2007 the Representation Letter. Regular Session, October 6, 2003 309 (b) With respect to Depository Bonds, neither (d) If the Issuer determines to provide for the the Issuer nor the Paying Agent shall have any exchange of Depository Bonds for Bonds in responsibility or obligation to any Participant or Authorized Denominations, the Issuer shall so to any Beneficial Owner. Without limiting the notify the Paying Agent and shall provide the immediately preceding sentence, neither the Registrar with a supply of executed Issuer nor the Paying Agent shall have any unauthenticated Bonds to be so exchanged. responsibility or obligation with respect to (i) the The Registrar shall thereupon notify the owners accuracy of the records of DTC or its nominee or of the Bonds and provide for such exchange, of any Participant with respect to any ownership and to the extent that the Beneficial Owners are interest in the Bonds, (ii) the delivery to any designated as the transferee by the owners, the Participant, any Beneficial Owner or any other Bonds will be delivered in appropriate form, person, other than DTC or its nominee, of any content and Authorized Denominations to the notice with respect to the Bonds, (iii) the Beneficial Owners, as their interests appear. payment to any Participant, any Beneficial (e) Any substitute depository shall be Owner or any other person, other than DTC or designated in writing by the Issuer to the Paying its nominee, of any amount with respect to the Agent. Any such substitute depository shall be a principal of, premium, if any, or interest on the qualified and registered "clearing agency" as Bonds, or (iv) the failure of DTC to provide any provided in Section 17A of the Securities information or notification on behalf of any Exchange Act of 1934, as amended. The Participant or Beneficial Owner. substitute depository shall provide for (i) The Issuer and the Paying Agent may treat immobilization of the Depository Bonds, (ii) DTC or its nominee as, and deem DTC or its registration and transfer of interests in nominee to be, the absolute owner of each Bond Depository Bonds by book entries made on for the purpose of payment of the principal of, records of the depository or its nominee and (iii) premium, if any, and interest on such Bond, for payment of principal of, premium, if any, and the purpose of all other matters with respect to interest on the Bonds in accordance with and as such Bond, for the purpose of registering such interests may appear with respect to such transfers with respect to such Bonds, and for all book entries. other purposes whatsoever (except for the Section 8. Registration of Bonds; Appointment giving of certain Bondholder consents, in of Registrar; Transfer; Ownership; Delivery; and accordance with the practices and procedures of Cancellation. DTC as may be applicable thereto). The Paying (a) Registration. The ownership of Bonds Agent shall pay all principal of, premium, if any, may be transferred only by the making of an and interest on the Bonds only to or upon the entry upon the books kept for the registration order of the Bondholders as shown on the and transfer of ownership of the Bonds, and in Registration Books, and all such payments shall no other way. Wells Fargo Bank Iowa, National be valid and effective to fully satisfy and Association is hereby appointed as Bond discharge the Issuer's obligations with respect to Registrar under the terms of this Resolution and the principal of, premium, if any, and interest on under the provisions of a separate agreement the Bonds to the extent so paid. with the Issuer filed herewith which is made a Notwithstanding the provisions of this Resolution part hereof by this reference. Registrar shall to the contrary (including without limitation those maintain the books of the Issuer for the provisions relating to the surrender of Bonds, registration of ownership of the Bonds for the registration thereof, and issuance in Authorized payment of principal of and interest on the Denominations), as long as the Bonds are Bonds as provided in this Resolution. All Bonds Depository Bonds, full effect shall be given to shall be negotiable as provided in Article 8 of the the Representation Letter and the procedures Uniform Commercial Code and Section 384.31 and practices of DTC thereunder, and the of the Code of Iowa, subject to the provisions for Paying Agent shall comply therewith. registration and transfer contained in the Bonds (c) Upon (i) a determination by the Issuer that and in this Resolution. DTC is no longer able to carry out its functions (b) Transfer. The ownership of any Bond may or is otherwise determined unsatisfactory, or (ii) be transferred only upon the Registration Books a determination by DTC that the Bonds are no kept for the registration and transfer of Bonds longer eligible for its depository services or (iii) a and only upon surrender 1thereof at the office of determination by the Paying Agent that DTC has the Registrar together with an assignment duly resigned or discontinued its services for the executed by the holder or his duly authorized Bonds, the Issuer shall (A) designate a attorney in fact in such form as shall be satisfactory substitute depository as set forth satisfactory to the Registrar, along with the below or, if a satisfactory substitute is not found, address and social security number or federal (B) provide for the exchange of Depository employer identification number of such Bonds for replacement Bonds in Authorized transferee (or, if registration is to be made in the Denominations. name of multiple individuals, of all such 310 Regular Session, October 6, 2003 transferees). In the event that the address of Resolution or on, or with respect to, such the registered owner of a Bond (other than a interest or Bonds. The Paying Agent's obligation registered owner which is the nominee of the to hold such funds shall continue for a period broker or dealer in question) is that of a broker equal to two years and six months following the or dealer, there must be disclosed on the date on which such interest or principal became Registration Books the information pertaining to due, whether at maturity, or at the date fixed for the registered owner required above. Upon the redemption thereof, or otherwise, at which time transfer of any such Bond, a new fully registered the Paying Agent, shall surrender any remaining Bond, of any denomination or denominations funds so held to the Issuer, whereupon any permitted by this Resolution in aggregate claim under this Resolution by the Owners of principal amount equal to the unmatured and such interest or Bonds of whatever nature shall unredeemed principal amount of such be made upon the Issuer. transferred fully registered Bond, and bearing (g) Registration and Transfer Fees. The interest at the same rate and maturing on the Registrar may furnish to each owner, at the same date or dates shall be delivered by the Issuer's expense, one bond for each annual Registrar. maturity. The Registrar shall furnish additional (c) Registration of Transferred Bonds. In all bonds in lesser denominations (but not less than cases of the transfer of the Bonds, the Registrar the minimum denomination) to an owner who so shall register, at the earliest practicable time, on requests. the Registration Books, the Bonds, in Section 9. Reissuance of Mutilated, accordance with the provisions of this Destroyed, Stolen or Lost Bonds. In case any Resolution. outstanding Bond shall become mutilated or be (d) Ownership. As to any Bond, the person in destroyed, stolen or lost, the Issuer shall at the whose name the ownership of the same shall be request of Registrar authenticate and deliver a registered on the Registration Books of the new Bond of like tenor and amount as the Bond Registrar shall be deemed and regarded as the so mutilated, destroyed, stolen or lost, in absolute owner thereof for all purposes, and exchange and substitution for such mutilated payment of or on account of the principal of any Bond to Registrar, upon surrender of such such Bonds and the premium, if any, and mutilated Bond, or in lieu of and substitution for interest thereon shall be made only to or upon the Bond destroyed, stolen or lost, upon filing the order of the registered owner thereof or his with the Registrar evidence satisfactory to the legal representative. All such payments shall be Registrar and Issuer that such Bond has been valid and effectual to satisfy and discharge the destroyed, stolen or lost and proof of ownership liability upon such Bond, including the interest thereof, and upon furnishing the Registrar and thereon, to the extent of the sum or sums so Issuer with satisfactory indemnity and complying paid. with such other reasonable regulations as the (e) Cancellation. All Bonds which have been Issuer or its agent may prescribe and paying redeemed shall not be reissued but shall be such expenses as the Issuer may incur in cancelled by the Registrar. All Bonds which are connection therewith. cancelled by the Registrar shall be destroyed Section 10. Record Date. Payments of and a certificate of the destruction thereof shall principal and interest, otherwise than upon full be furnished promptly to the Issuer; provided redemption, made in respect of any Bond, shall that if the Issuer shall so direct, the Registrar be made to the registered holder thereof or to shall forward the cancelled Bonds to the Issuer. their designated agent as the same appear on (f) Non-Presentment of Bonds. In the event the books of the Registrar on the 15th day any payment check representing payment of preceding the payment date. All such payments principal of or interest on the Bonds is returned shall fully discharge the obligations of the Issuer to the Paying Agent or if any bond is not in respect of such Bonds to the extent of the presented for payment of principal at the payments so made. Payment of principal shall maturity or redemption date, if funds sufficient to only be made upon surrender of the Bond to the pay such principal of or interest on Bonds shall Paying Agent. have been made available to the Paying Agent Section 11. Execution, Authentication and for the benefit of the owner thereof, all liability of Delivery of the Bonds. Upon the adoption of this the Issuer to the owner thereof for such interest Resolution, the Mayor and Clerk shall execute or payment of such Bonds shall forthwith cease, and deliver the Bonds to the Registrar, who shall terminate and be completely discharged, and authenticate the Bonds and deliver the same to thereupon it shall be the duty of the Paying or upon order of the Purchaser. No Bond shall Agent to hold such funds, without liability for be valid or obligatory for any purpose or shall be interest thereon, for the benefit of the owner of entitled to any right or benefit hereunder unless such Bonds who shall thereafter be restricted the Registrar shall duly endorse and execute on exclusively to such funds for any claim of such Bond a Certificate of Authentication whatever nature on his part under this substantially in the form of the Certificate herein Regular Session, October 6, 2003 311 set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be 3. The approving opinion of Ahlers & Cooney, conclusive evidence that the Bond so P.C., Bond Counsel, concerning the validity and authenticated has been duly issued under this legality of all the Bonds proposed to be issued. Resolution and that the holder thereof is entitled Section 12. Right to Name Substitute Paying to the benefits of this Resolution. Agent or Registrar. Issuer reserves the right to No Bonds shall be authenticated and delivered name a substitute, successor Registrar or by the Registrar unless and until there shall Paying Agent upon giving prompt written notice have been provided the following: to each registered bondholder. 1. A certified copy of the Resolution of Issuer Section 13. Form of Bond. Bonds shall be authorizing the issuance of the Bonds; printed in substantial compliance with standards 2. A written order of Issuer signed by the proposed by the American Standards Institute Treasurer of the Issuer directing the substantially in the form as follows: authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 312 Regular Session, October 6, 2003 The text of the Bonds to be located thereon at certificate issued is registered in the name of the item numbers shown shall be as follows: Cede & Co. or such other name as requested by Item 1, figure 1 = "STATE OF IOWA" an authorized representative of DTC (and any "COUNTY OF DUBUQUE" payment is made to Cede & Co. or to such other "CITY OF DUBUQUE" entity as is requested by an authorized "GENERAL OBLIGATION BOND" representative of DTC), ANY TRANSFER, "SERIES 2003" PLEDGE OR OTHER USE HEREOF FOR Item 2, figure 1 = Rate: VALUE OR OTHERWISE BY OR TO ANY Item 3, figure 1 = Maturity: PERSON IS WRONGFUL inasmuch as the Item 4, figure 1 = Bond Date: October 15, registered owner hereof, Cede & Co., has an 2003 interest herein. Item 5, figure 1 = Cusip No.: Bonds maturing after Ju ne 1, 2013 may be Item 6, figure 1 = "Registered" called for redemption by the Issuer and paid Item 7, figure 1 = Certificate No. before maturity on said date or any date Item 8, figure 1 = Principal Amount: $ thereafter, from any funds regardless of source, Item 9, figure 1 = The City of Dubuque, in whole or from time to time in part, in any order Iowa, a municipal corporation organized and of maturity and within an annual maturity by lot. existing under and by virtue of the Constitution The terms of redemption shall be par, plus and laws of the State of Iowa (the "Issuer"), for accrued interest to date of call. value received, promises to pay from the source Thirty days' notice of redemption shall be and as hereinafter provided, on the maturity date given by first class mail to the registered owner indicated above, to of the Bond. Failure to give such notice by mail Item 9A, figure 1 = (Registration panel to be to any registered owner of the Bonds or any completed by Registrar or Printer with name of defect therein shall not affect the validity of any Registered Owner). proceedings for the redemption of the Bonds. Item 10, figure 1 = or registered assigns, the All Bonds or portions thereof called for principal sum of (principal amount written out) redemption will cease to bear interest after the THOUSAND DOLLARS in lawful money of the specified redemption date, provided funds for United States of America, on the maturity date their redemption are on deposit at the place of shown above, only upon presentation and payment. surrender hereof at the office of Wells Fargo If selection by lot within a maturity is required, Bank Iowa, National Association, Paying Agent the Registrar shall designate the Bonds to be of this issue, or its successor, with interest on redeemed by random selection of the names of said sum from the date hereof until paid at the the registered owners of the entire annual rate per annum specified above, payable on maturity until the total amount of Bonds to be June 1, 2004, and semiannually thereafter on called has been reached. the 1st day of June and December in each year. Ownership of this Bond may be transferred Interest and principal shall be paid to the only by transfer upon the books kept for such registered holder of the Bond as shown on the purpose by Wells Fargo Bank Iowa, National records of ownership maintained by the Association, the Registrar. Such transfer on the Registrar as of the 15th day preceding such books shall occur only upon presentation and interest payment date. Interest shall be surrender of this Bond at the office of the computed on the basis of a 360-day year of Registrar as designated below, together with an twelve 30-day months. assignment duly executed by the owner hereof This Bond is issued pursuant to the provisions or his duly authorized attorney in the form as of Sections 384.24 and 384.25 of the City Code shall be satisfactory to the Registrar. Issuer of Iowa, for the purpose of paying costs of the reserves the right to substitute the Registrar and acquisition, construction, and installation of Paying Agent but shall, however, promptly give stormwater and storm sewer utility facilities and notice to registered bondholders of such improvements, including the Carter Detention change. All Bonds shall be negotiable as Basin, 32nd Street Detention Basin land provided in Article 8 of the Uniform Commercial acquisition, stormwater ditch remediation, Code and Section 384.31 of the Code of Iowa, NPDES compliance activities, and other storm subject to the provisions for registration and sewer, stream bank and detention basin transfer contained in the Bond Resolution. improvements, in conformity to a Resolution of This Bond is a "qualified tax-exempt the Council of said City duly passed and obligation" designated by the City for purposes approved. of Section 265(b)(3)(B) of the Internal Revenue Unless this certificate is presented by an Code of 1986. authorized representative of The Depository And it is hereby represented and certified that Trust Company, a limited purpose trust company all acts, conditions and things requisite, ("DTC"), to the Issuer or its agent for registration according to the laws and Constitution of the of transfer, exchange or payment, and any 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 for registration of the within Bond, with full power this Bond, have been existent, had, done and of substitution in the premises. performed as required by law; that provision has Dated . been made for the levy of a sufficient continuing (Person(s) executing this Assignment sign(s) annual tax on all the taxable property within the here) territory of the Issuer for the payment of the SIGNATURE ) principal and interest of this Bond as the same GUARANTEED) will respectively become due; that the faith, IMPORTANT - READ CAREFULLY credit, revenues and resources and all the real The signature(s) to this Power must and personal property of the Issuer are correspond with the name(s) as written upon the irrevocably pledged for the prompt payment face of the certificate(s) or bond(s) in every hereof, both principal and interest; and the total particular without alteration or enlargement or indebtedness of the Issuer including this Bond, any change whatever. Signature guarantee does not exceed the constitutional or statutory must be provided in accordance with the limitations. prevailing standards and procedures of the IN TESTIMONY WHEREOF, the Issuer by its Registrar and Transfer Agent. Such standards Council, has caused this Bond to be signed by and procedures may require signature to be the manual signature of its Mayor and attested guaranteed by certain eligible guarantor by the manual signature of its City Clerk, with institutions that participate in a recognized the seal of said City impressed hereon, and to signature guarantee program. be authenticated by the manual signature of an INFORMATION REQUIRED FOR authorized representative of the Registrar, Wells REGISTRATION OF TRANSFER Fargo Bank Iowa, National Association, Des Name of Transferee(s) Moines, Iowa. Address of Transferee(s) Item 11, figure 1 = Date of authentication: Social Security or Tax Item 12, figure 1 = This is one of the Bonds Identification Number of described in the within mentioned Resolution, Transferee(s) as registered by Wells Fargo Bank Iowa, Transferee is a(n): National Association. Individual* Corporation WELLS FARGO BANK IOWA, NATIONAL Partnership Trust ASSOCIATION, Registrar *If the Bond is to be registered in the names of By: multiple individual owners, the names of all such Authorized Signature owners and one address and social security Item 13, figure 1 = Registrar and Transfer number must be provided. Agent: The following abbreviations, when used in the Wells Fargo Bank Iowa, National Association inscription on the face of this Bond, shall be Paying Agent: Wells Fargo Bank Iowa, construed as though written out in full according National Association to applicable laws or regulations: Wells Fargo Bank Minnesota, N.A. TEN COM - as tenants in common Corporate Trust Operations TEN ENT - as tenants by the entireties MAC N9303-121 JT TEN - as joint tenants with right of P. O. Box 1517 survivorship and not as tenants in common Minneapolis, MN 55480 IA UNIF TRANS MIN ACT - SEE REVERSE FOR CERTAIN DEFINITIONS ............Custodian............ Item 14, figure 1 = (Seal) (Cust) (Minor) Item 15, figure 1 = [Signature Block] under Iowa Uniform Transfers CITY OF DUBUQUE, IOWA to Minors Act................... By: (manual signature) (State) Mayor ADDITIONAL ABBREVIATIONS MAY ATTEST: ALSO BE USED THOUGH NOT IN THE By: (manual signature) ABOVE LIST City Clerk Section 14. Contract Between Issuer and Item 16, figure 2 = [Assignment Block] Purchaser. This Resolution constitutes a [Information Required for Registration] contract between said City and the purchaser of ASSIGNMENT the Bonds. For value received, the undersigned hereby Section 15. Non-Arbitrage Covenants. The sells, assigns and transfers unto Issuer reasonably expects and covenants that ____________________ (Social Security or Tax no use will be made of the proceeds from the Identification No. ) the issuance and sale of the Bonds issued within Bond and does hereby irrevocably hereunder which will cause any of the Bonds to constitute and appoint attorney in be classified as arbitrage bonds within the fact to transfer the said Bond on the books kept meaning of Sections 148(a) and (b) of the 314 Regular Session, October 6, 2003 Internal Revenue Code of the United States, as may be necessary or advisable; (b) comply with amended, and that throughout the term of the all representations, covenants and assurances Bonds it will comply with the requirements of contained in the Tax Exemption Certificate, statutes and regulations issued thereunder. which Tax Exemption Certificate shall constitute To the best knowledge and belief of the Issuer, a part of the contract between the Issuer and the there are no facts or circumstances that would owners of the Bonds; (c) consult with bond materially change the foregoing statements or counsel (as defined in the Tax Exemption the conclusion that it is not expected that the Certificate); (d) pay to the United States, as proceeds of the Bonds will be used in a manner necessary, such sums of money representing that would cause the Bonds to be arbitrage required rebates of excess arbitrage profits bonds. Without limiting the generality of the relating to the Bonds; (e) file such forms, foregoing, the Issuer hereby agrees to comply statements and supporting documents as may with the provisions of the Tax Exemption be required and in a timely manner; and (f) if Certificate and the provisions of the Tax deemed necessary or advisable by its officers, Exemption Certificate are hereby incorporated to employ and pay fiscal agents, financial by reference as part of this Resolution. The advisors, attorneys and other persons to assist Treasurer is hereby directed to make and insert the Issuer in such compliance. all calculations and determinations necessary to Section 19. Amendment of Resolution to complete the Tax Exemption Certificate in all Maintain Tax Exemption. This Resolution may respects and to execute and deliver the Tax be amended without the consent of any owner of Exemption Certificate at issuance of the Bonds the Bonds if, in the opinion of bond counsel, to certify as to the reasonable expectations and such amendment is necessary to maintain tax covenants of the Issuer at that date. exemption with respect to the Bonds under Section 16. Severability Clause. If any applicable Federal law or regulations. section, paragraph, clause or provision of this Section 20. Qualified Tax-Exempt Obligations. Resolution be held invalid, such invalidity shall For the sole purpose of qualifying the Bonds as not affect any of the remaining provisions "Qualified Tax-Exempt Obligations" pursuant to hereof, and this Resolution shall become the Internal Revenue Code of the United States, effective immediately upon its passage and the Issuer designates the Bonds as qualified tax- approval. exempt obligations and represents that the Section 17. Continuing Disclosure. The reasonably anticipated amount of tax-exempt Issuer hereby covenants and agrees that it will governmental and Code Section 501(c)3 comply with and carry out all of the provisions of obligations which will be issued during the the Continuing Disclosure Certificate, and the current calendar year will not exceed Ten (10) provisions of the Continuing Disclosure Million Dollars. Certificate are hereby incorporated by reference Section 21. Repeal of Conflicting Resolutions as part of this Resolution and made a part or Ordinances. That all ordinances and hereof. Notwithstanding any other provision of resolutions and parts of ordinances and this Resolution, failure of the Issuer to comply resolutions in conflict herewith are hereby with the Continuing Disclosure Certificate shall repealed. not be considered an event of default under this PASSED AND APPROVED this 6th day of Resolution; however, any holder of the Bonds or October, 2003. Beneficial Owner may take such actions as may Terrance M. Duggan, Mayor be necessary and appropriate, including seeking Attest: Jeanne F. Schneider, City Clerk specific performance by court order, to cause Buol moved adoption of the Resolution. the Issuer to comply with its obligations under Seconded by Markham. Motion carried 7-0. the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner" Homeownership Assistance Funds (PATH): means any person which (a) has the power, City Manager recommending approval of an directly or indirectly, to vote or consent with application to the Federal Home Loan Bank respect to, or to dispose of ownership of, any (FHLB) for an Affordable Housing Program grant Bond (including persons holding Bonds through (PATH - Pathways Affordable to nominees, depositories or other intermediaries), Homeownership) to assist income-qualifying or (b) is treated as the owner of any Bonds for families to purchase a home, presented and federal income tax purposes. read. Buol moved that the communication be Section 18. Additional Covenants, received and filed. Seconded by Markham. Representations and Warranties of the Issuer. Motion carried 7-0. The Issuer certifies and covenants with the RESOLUTION NO. 367-03 purchasers and holders of the Bonds from time A RESOLUTION AUTHORIZING SPONSOR- to time outstanding that the Issuer through its SHIP OF AN APPLICATION TO THE officers, (a) will make such further specific FEDERAL HOME LOAN BANK OF DES covenants, representations and assurances as Regular Session, October 6, 2003 315 MOINES FOR AFFORDABLE HOUSING contract, plans and specifications and PROGRAM FUNDS. recommends its acceptance. Whereas, the Federal Home Loan Bank has NOW THEREFORE, BE IT RESOLVED BY published notice of availability of funds under the THE CITY COUNCIL OF THE CITY OF Affordable Housing Program; and DUBUQUE, IOWA: Whereas, local member FHLB lending Section 1. That the recommendation of the institutions have agreed to submit an application City Manager be approved and that said for these funds, for a program of improvement be and the same is hereby homeownership assistance to lower-income accepted. households; and BE IT FURTHER RESOLVED that the City Whereas, the City’s Consolidated Plan Treasurer be and he is hereby directed to pay to promotes the objectives of homeownership the contractor from the General Fund in amount assistance and stabilization of target equal to the amount of his contract, less any neighborhoods; and retained percentage provided for therein. th Whereas, provision of homeownership Passed, approved and adopted this 6 day of opportunities to the City’s working families is a October, 2003. necessary complement to on-going economic Terrance M. Duggan, Mayor development efforts. Attest: Jeanne F. Schneider, CMC, City Clerk NOW, THEREFORE, BE IT RESOLVED BY Buol moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF Seconded by Markham. Motion carried 7-0. DUBUQUE, IOWA. RESOLUTION NO. 369-03 Section 1. The Mayor is hereby authorized to FINAL ESTIMATE execute this resolution in sponsorship of an application to the Federal Home Loan Bank for Whereas, the contract for the Mississippi Affordable Housing Program funds, to assist Riverwalk Phase I – River’s Edge Plaza and lower-income families to purchase homes. Alternate Component has been completed and Section 2. This resolution shall take effect the City Engineer has submitted his final immediately. estimate showing the cost thereof including the Passed, approved and adopted this 6th day of cost of estimates, notices and inspection and all October, 2003. miscellaneous costs. Terrance M. Duggan, Mayor NOW THEREFORE, BE IT RESOLVED BY Attest: Jeanne F. Schneider, City Clerk THE CITY COUNCIL OF THE CITY OF Buol moved adoption of the Resolution. DUBUQUE, IOWA: Seconded by Markham. Motion carried 7-0. Section 1. That the cost of said improvement is hereby determined to be $767,761.20 and the Voluntary Annexation Request – Kenneth and said amount shall be paid from the General Maurine Harris: City Manager submitting a Fund. th request for voluntary annexation from Kenneth Passed, approved and adopted this 6 day of and Maurine Harris, presented and read. Buol October, 2003. moved that the communication be received and Terrance M. Duggan, Mayor filed. Seconded by Markham. Motion carried 7-Attest: Jeanne F. Schneider, CMC, City Clerk 0. Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Mississippi River’s Edge Plaza and Alternate Components Project: City Manager Business License Refund: Request of Eagle recommending acceptance of the Mississippi Food Centers, Inc., 300 South Locust, for a River’s Edge Plaza and Alternate Components refund of the cigarette license in the amount of Project as completed by Renaissance $75.00, presented and read. Buol moved that Construction in the final contract amount of the communication be received and filed and $767,761.20, presented and read. Buol moved approved refund. Seconded by Markham. that the communication be received and filed. Motion carried 7-0. Seconded by Markham. Motion carried 7-0. Business Licenses: RESOLUTION NO. 368-03 ACCEPTING IMPROVEMENTRESOLUTION NO. 370-03 Whereas, the contract for the Mississippi NOW, THEREFORE, BE IT RESOLVED BY Riverwalk Phase I – River’s Edge Plaza and THE CITY COUNCIL OF THE CITY OF Alternate Component has been completed and DUBUQUE, IOWA: the City Manager has examined the work and That the following having complied with the filed his certificate stating that the same has provisions of law relating to the sale of been completed according to the terms of the Cigarettes within the City of Dubuque, Iowa, be 316 Regular Session, October 6, 2003 granted a permit to sell Cigarettes and Cigarette Café Manna Java, LLC Café Manna Java+ Papers within said City. (Sunday Sale) 269 Main St NEW CLASS “B” WINE PERMIT Eagle Country Market Downtown Eagle Inc. Downtown Eagle Inc. Eagle County Market 1800 Elm St 1800 Elm St Passed, approved and adopted this 6th day of CLASS “E” LIQUOR LICENSE October, 2003. Downtown Eagle Inc. Eagle Country Market Terrance M. Duggan, Mayor 1800 Elm St th Attest: Jeanne F. Schneider, CMC, City Clerk Passed, approved and adopted this 6 day of Buol moved adoption of the Resolution. October, 2003. Seconded by Markham. Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 371-03 Buol moved adoption of the Resolution. BEER Seconded by Markham. Motion carried 7-0. Whereas, applications for Beer Permits have been submitted and filed to this Council for ITEMS TO BE SET FOR PUBLIC HEARING approval and the same have been examined and approved; and Vacating Petition – John F. Kennedy Roadway Whereas, the premises to be occupied by Easement: City Manager recommending that a such applicants were inspected and found to public hearing be set for October 20, 2003 to comply with the Ordinances of the City and have consider a request from Grand View Avenue filed proper bonds. United Methodist Church to vacate a portion of NOW, THEREFORE, BE IT RESOLVED BY John F. Kennedy Road easement, presented THE CITY COUNCIL OF THE CITY OF and read. Cline moved that the communication DUBUQUE, IOWA: be received and filed. Seconded by Connors. That the Manager be authorized to cause to be Motion carried 7-0. issued the following named applicants a Beer RESOLUTION NO. 373-03 Permit. RESOLUTION OF INTENT TO DISPOSE OF CLASS “C” BEER PERMIT INTEREST AND VACATE A PORTION OF THE Downtown Eagle Inc. Eagle Country Market+ JOHN F. KENNEDY ROADWAY AND UTILITY (Sunday Sales) 1800 Elm St EASEMENT OVER LOT 1 AND LOT 2 OF Passed, approved and adopted this 6th day of BARTON RANDLE ADDITION IN THE CITY October, 2003. OF DUBUQUE, DUBUQUE COUNTY, IOWA Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, Grand View United Methodist Buol moved adoption of the Resolution. Church is the current owner of Lot 1 and Lot 2 of Seconded by Markham. Motion carried 7-0. Barton Randle Addition in the City of Dubuque, Dubuque County, Iowa; and RESOLUTION NO. 372-03 Whereas, an unused roadway and utility Whereas, applications for Liquor Licenses easement is currently platted on said lots; and have been submitted to this Council for approval Whereas, Grand View United Methodist and the same have been examined and Church has petitioned to vacate the easement in approved; and said lots. Whereas, the premises to be occupied by such NOW THEREFORE, BE IT RESOLVED BY applicants were inspected and found to comply THE CITY COUNCIL OF THE CITY OF with the State Laws and all City Ordinances DUBUQUE, IOWA: relevant thereto and they have filed proper Section 1. That the City of Dubuque intends to bonds. dispose of its interest and vacate a portion of the NOW, THEREFORE, BE IT RESOLVED BY John F. Kennedy Road roadway and utility THE CITY COUNCIL OF THE CITY OF easement over Lot 1 and Lot 2 of Barton Randle DUBUQUE, IOWA: Addition in the City of Dubuque, as shown on That the Manager be authorized to cause to be the attached Exhibit A. issued the following named applicants a Liquor Section 2. That the City Clerk be and is hereby License. authorized and directed to cause a notice of CLASS “C” BEER/LIQUOR LICENSE intent to be published as prescribed under Dog Gone, Inc. Dog House+ Section 364.7 Code of Iowa, 1999 or amended. th (Sunday/Outdoor Sale) 1646 Asbury Rd Passed, approved and adopted this 6 day of James Kohl Grand Tap+ October, 2003. (Sunday Sale) 802 Central Av Terrance M. Duggan, Mayor Platinum Hospitality Grand River Center+ Attest: Jeanne F. Schneider, CMC, City Clerk (Sunday/Outdoor Sale) 500 Bell Cline moved adoption of the Resolution and SPECIAL CLASS “C” LIQUOR LICENSE set this for Public Hearing on 10/20/03 at a Regular Session, October 6, 2003 317 meeting to commence at 6:30 P.M. in the public Loan Notes to evidence the obligations of the library auditorium and that the City Clerk publish City thereunder for an essential corporate notice in the manner prescribed by law. purpose of the City, the proceeds of which will Seconded by Connors. Motion carried 7-0. be used to pay costs of aiding in the planning, undertaking and carrying out of urban renewal Economic Development Grant – Adams project activities under the authority of Chapter Company: City Manager recommending that a 403 of the Iowa Code and the Amended and public hearing be set for October 20, 2003 to Restated Urban Renewal Plan for the Dubuque consider the issuance of not to exceed $500,000 Industrial Center Economic Development in General Obligation Capital Loan Notes to District, including those costs associated with support the Adams Company expansion project the funding of an economic development grant at the Dubuque Industrial Center West, to the Adams Company under the Development presented and read. Cline moved that the Agreement dated May 19, 2003 between the communication be received and filed. Seconded City and said developer. by Connors. Motion carried 7-0. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a RESOLUTION NO. 374-03 notice of said meeting, in a legal newspaper, RESOLUTION FIXING DATE FOR A MEETING printed wholly in the English language, ON THE AUTHORIZATION OF A LOAN published at least once weekly, and having AGREEMENT AND THE ISSUANCE OF NOT general circulation in said City, said publication TO EXCEED $500,000 GENERAL to be not less than ten clear days before the OBLIGATION CAPITAL LOAN NOTES OF date of said public meeting on the issuance of DUBUQUE, IOWA, AND PROVIDING FOR said Notes. PUBLICATION OF NOTICE THEREOF Section 3. The notice of the proposed action WHEREAS, it is deemed necessary and shall be in substantially the following form: advisable that the City of Dubuque, Iowa, should NOTICE OF MEETING OF THE CITY provide for the authorization of a Loan COUNCIL OF THE CITY OF DUBUQUE, IOWA, Agreement and the issuance of General ON THE MATTER OF THE PROPOSED Obligation Capital Loan Notes to the amount of AUTHORIZATION OF A LOAN AGREEMENT not to exceed $500,000, as authorized by AND THE ISSUANCE OF NOT TO EXCEED Sections 384.24, 384.24A and 384.25, Code of $500,000 GENERAL OBLIGATION CAPITAL Iowa, as amended, for the purpose of providing LOAN NOTES (FOR AN ESSENTIAL funds to pay costs of carrying out an essential CORPORATE PURPOSE) AND THE PUBLIC corporate purpose project as hereinafter HEARING ON THE AUTHORIZATION AND described; and ISSUANCE THEREOF WHEREAS, the Loan Agreement and Notes PUBLIC NOTICE is hereby given that the shall be payable from the Debt Service Fund but Council of the City of Dubuque, Iowa, will hold a th will be subject to abatement from other available public hearing on the 20 day of October, 2003, revenue sources; and at 6:30 o'clock P.M., in the Auditorium, WHEREAS, before a Loan Agreement may be Carnegie-Stout Public Library, Dubuque, Iowa, authorized and General Obligation Capital Loan at which meeting the Council proposes to take Notes issued to evidence the obligation of the additional action for the authorization of a Loan City thereunder, it is necessary to comply with Agreement and the issuance of not to exceed the provisions of the City Code of Iowa, as $500,000 General Obligation Capital Loan Notes amended, and to publish a notice of the for an essential corporate purpose of the City, in proposal and of the time and place of the order to pay costs of aiding in the planning, meeting at which the Council proposes to take undertaking and carrying out of urban renewal action for the authorization of the Loan project activities under the authority of Chapter Agreement and Notes and to receive oral and/or 403 of the Iowa Code and the Amended and written objections from any resident or property Restated Urban Renewal Plan for the Dubuque owner of the City to such action and the right to Industrial Center Economic Development petition for an election. District, including those costs associated with NOW, THEREFORE, BE IT RESOLVED BY the funding of an economic development grant THE CITY COUNCIL OF THE CITY OF to the Adams Company under the Development DUBUQUE, IOWA: Agreement dated May 19, 2003 between the Section 1. That this Council meet in the City and said developer. Principal and interest Auditorium, Carnegie-Stout Public Library, on the proposed Loan Agreement will be th Dubuque, Iowa, at 6:30 o'clock P.M., on the 20 payable from the Debt Service Fund, subject to day of October, 2003, for the purpose of taking abatement from other available revenue action on the matter of the authorization of a sources. Loan Agreement and the issuance of not to At any time before the date of said meeting, a exceed $500,000 General Obligation Capital petition asking that the question of entering into 318 Regular Session, October 6, 2003 a loan agreement and issuing such Notes be Tunnel Easement Agreement for construction of submitted to the legal voters of the City, may be said tunnel should be approved. filed with the Clerk of the City in the manner NOW THEREFORE, BE IT RESOLVED BY provided by Section 362.4 of the City Code of THE CITY COUNCIL OF THE CITY OF Iowa pursuant to Section 384.24(3)(q) of the City DUBUQUE, IOWA: Code of Iowa. Section 1. That the City of Dubuque, Iowa, At the above meeting the Council shall receive intends to issue a Grant of Easement for the oral or written objections from any resident or construction of a tunnel under Central Avenue, thth property owner of the City, to the above action. between 13 and 14 Streets; and After all objections have been received and Section 2. That the conveyance of the considered, the Council will at this meeting or at Easement to Dubuque Bank & Trust be any adjournment thereof, take additional action contingent upon the payment of one dollar for the authorization of a Loan Agreement and ($1.00), plus platting, publication, and filing fees. the issuance of Notes to evidence the obligation Section 3. That the conveyance of said of the City thereunder or will abandon the easement also be contingent upon Dubuque proposal. Bank & Trust’s receipt of a construction permit This Notice is given by order of the Council of from the Iowa Department of Transportation. Dubuque, Iowa, as provided by Sections Section 4. That the City of Dubuque reserves 384.24(3)(q), 384.24A and 384.25 of the City unto itself the perpetual right for the purpose of Code of Iowa, as amended. erecting, installing, constructing, reconstructing, Dated this ____ day of ________, 2003. maintaining, owning, operating and repairing City Clerk of Dubuque, Iowa sewer, drainage, gas, telephone, t.v. cable, and (End of Notice) electric lines above or below said tunnel as such PASSED AND APPROVED this 6th day of utilities would not interfere with the existence of October, 2003. the tunnel. Terrance M. Duggan, Mayor Section 5. That the City Clerk be and is hereby Attest: Jeanne F. Schneider, City Clerk directed to cause a Notice of Intent to dispose of Cline moved adoption of the Resolution and a portion of the City’s interest in said real estate set the date of Public Hearing as 10/20/03 at a by a Tunnel Easement Agreement for the meeting to commence at 6:30 P.M. in the public construction of a tunnel, to be published in the library auditorium and that the City Clerk publish manner as described by law. th notice in the manner prescribed by law. Passed, approved and adopted this 6 day of Seconded by Connors. Motion carried 7-0. October, 2003. Terrance M. Duggan, Mayor Dubuque Bank and Trust Tunnel Easement: Attest: Jeanne F. Schneider, CMC, City Clerk City Manager recommending that a public Cline moved adoption of the Resolution and hearing be set for October 20, 2003 to consider set this for public hearing on 10/20/03 at a a request from Dubuque Bank and Trust to enter meeting to commence at 6:30 P.M. in the public into a tunnel easement agreement to construct a library auditorium and that the City Clerk publish tunnel within the public right-of-way of Central notice in the manner prescribed by law. Avenue, presented and read. Cline moved that Seconded by Connors. Motion carried 7-0. the communication be received and filed. PUBLIC HEARINGS Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 375-03 Buol moved that the rules be suspended to RESOLUTION OF INTENT TO DISPOSE OF A allow anyone present to speak. Seconded by PORTION OF THE CITY’S INTEREST UNDER Michalski. Motion carried 7-0. A PORTION OF CENTRAL AVENUE THTH BETWEEN 13 AND 14 STREETS IN THE Vacating Petition – South Way at Asbury CITY OF DUBUQUE Road: Proof of publication on notice of hearing Whereas, Dubuque Bank & Trust desires to to consider a request from Clarence P. Pfohl to construct a tunnel between its two building vacate a portion of South Way at Asbury Road locations on the east and west side of Central and City Manager recommending approval, thth Avenue between 13 and 14 Streets; and presented and read. Markham moved that the Whereas, construction plans have been proof and communication be received and filed. submitted to the City and have been approved Seconded by Michalski. Motion carried 7-0. by the Building Services Department and the Don Pfohl, 1895 Bennett, spoke in support of Planning Service Department; and the disposition. Whereas, the City Council of the City of RESOLUTION NO. 376-03 Dubuque, Iowa, has determined that this RESOLUTION DISPOSING OF CITY underground portion of Central Avenue is not INTEREST IN LOT 1A OF PART OF SOUTH required for public use, and the request for a Regular Session, October 6, 2003 319 WAY IN BLOCK 10 IN WESTCHESTER Subordination Agreement – Premier Bank: SUBDIVISION IN THE CITY OF DUBUQUE, Proof of publication on notice of hearing to IOWA consider approval of a Subordination Agreement Whereas, pursuant to resolution and published with Premier Bank related to the City’s mortgage notice of time and place of hearing, published in interest in property located at 101 – 123 Main the Telegraph Herald, a newspaper of general Street and City Manager recommending circulation published in the City of Dubuque, approval, presented and read. Markham moved th Iowa on this 19 day of September, 2003, the that the proof and communication be received City Council of the City of Dubuque, Iowa met on and filed. Seconded by Connors. Motion th the 6 day of October, 2003, at 6:30 p.m. in the carried 7-0. Public Library Auditorium, 360 West 11 Street, RESOLUTION NO. 377-03 Dubuque, Dubuque County, Iowa to consider RESOLUTION AUTHORIZING A SUBOR- the proposal for the sale of real estate described DINATION AGREEMENT IN REGARD TO A as: MORTGAGE INTEREST IN CITY LOT 80 AND Lot 1A of Part of South Way in Block 10 in THE SOUTH 1 AND 5/12 FEET OF LOT 79 IN Westchester Subdivision in the City of Dubuque, THE CITY OF DUBUQUE, DUBUQUE Iowa COUNTY, IOWA Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, Whereas, pursuant to Resolution No. 328-03 oral or written to the proposal to sell such real and published notice of time and place of estate, except for easement as noted. hearing, the City Council of the City of Dubuque, NOW, THEREFORE, BE IT RESOLVED BY Iowa, met on October 6, 2003, to consider the THE CITY COUNCIL OF THE CITY OF proposal to dispose of interest in certain real DUBUQUE, IOWA: estate by executing a Subordination Agreement Section 1. That the sale of City of Dubuque for a Real Estate Mortgage filed October 4, real property described as Lot 1A of Part of 1996, as Instrument No. 11847-96, as to the South Way in Block 10 in Westchester following described real estate: Subdivision in the City of Dubuque, Iowa to City Lot 80 and the South 1 and 5/12 Feet of Lot Clarence P. Pfohl be and the same is hereby 79 in the City of Dubuque, Dubuque County, approved for the sum of $1.00 plus costs of Iowa; and surveying, platting, publication and filing fees. Whereas, the City Council overruled any and Conveyance shall be by Quit Claim Deed. all objections, oral or written, to dispose of Section 2. That the Mayor be authorized and interests of the City of Dubuque, Iowa, in the directed to execute a Quit Claim Deed, and the above-described real estate. City Clerk be and is hereby authorized and NOW, THEREFORE, BE IT RESOLVED BY directed to deliver said deed of conveyance to THE CITY COUNCIL OF THE CITY OF Clarence P. Pfohl upon receipt of the purchase DUBUQUE, IOWA: price in full. Section 1. That the Mayor and City Clerk are Section 3. The City reserves unto itself a hereby authorized and directed to execute said perpetual easement including the right of ingress Subordination Agreement, attached hereto and and egress thereto, for the purpose of erecting, made a part hereof, on behalf of the City of installing, constructing, reconstructing, repairing, Dubuque, Iowa. th owning, operating, and maintaining water, Passed, approved and adopted this 6 day of sewer, drainage, gas, telephone, television October 2003. cable, fiber optics, and electric lines as may be Terrance M. Duggan, Mayor authorized by the City of Dubuque, Iowa, as Attest: Jeanne F. Schneider, City Clerk shown on the plat of survey of Lot 1A of part of Markham moved adoption of the Resolution. South Way in Block 10 in Westchester Seconded by Connors. Motion carried 7-0. Subdivision. Section 4. That the City Clerk be and is hereby Chestnut Street Reconstruction Project: authorized and directed to record a certified Proofs of publication on notice of hearing to copy of this resolution in the offices of the City consider adoption of the plans and specifications Assessor, Dubuque County Recorder and and Resolution of Necessity for the Chestnut Dubuque County Auditor. Street Reconstruction Project and City Manager th Passed, approved and adopted this 6 day of recommending approval, presented and read. October, 2003. Buol moved that the proofs and communications Terrance M. Duggan, Mayor be received and filed. Seconded by Connors. Attest: Jeanne F. Schneider, CMC, City Clerk Motion carried 7-0. Markham moved adoption of the Resolution. Pam Bradford, 1245 Highland Place, spoke Seconded by Connors. Motion carried 7-0. 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 Adopted, without amendment, and all and submitted a petition and pictures and objections filed or made having been duly requested the rescinding of the project considered are overruled. concerning the portion of sidewalk from Dell St. x Adopted as amended by the Schedule of to Highland St. Assessments attached hereto as Exhibit A, and Bethany Golombeski, 1295 Prairie, spoke in made a part hereof by reference. All objections opposition to sidewalks and in support of filed or made having been duly considered are retaining original aspects of the street. overruled. Deferred for later consideration to a City RESOLUTION NO. 378-03 Council meeting to be held on the _____ day of RESOLUTION ADOPTING , 2003, next at 6:30 p.m. in the Public Library PLANS AND SPECIFICATIONS Auditorium, with jurisdiction retained for further Whereas, on the 10th day of September, 2003, consideration and action at the adjourned plans, specifications, form of contract and meeting. estimated cost were filed with the City Clerk of Abandoned. th Dubuque, Iowa for the Chestnut Street Passed, adopted and approved 6 day of (Highland to Cox) Reconstruction Project. October, 2003. Whereas, notice of hearing on plans, Terrance M. Duggan, Mayor specifications, form of contract, and estimated Attest: Jeanne F. Schneider, CMC, City Clerk cost was published as required by law. Buol moved adoption, as amended, of the NOW THEREFORE, BE IT RESOLVED BY Resolution with the amendment to leave the THE CITY COUNCIL OF THE CITY OF street width at 29.5 feet and remove the DUBUQUE, IOWA: sidewalks between Dell St. and Highland. That the said plans, specifications, form of Seconded by Connors. Motion carried 7-0. contract and estimated cost are hereby approved as the plans, specifications, form of Carter Road Detention Basin Project: Proofs contract and estimated cost for said of publication on notice of hearing on plans and improvements for said project. specifications and notice to bidders on the th Passed, adopted and approved this 6 day of receipt of bids, and City Manager recommending October, 2003. award of the contract for the Carter Road Terrance M. Duggan, Mayor Detention Basin Project to Tschiggfrie Attest: Jeanne F. Schneider, CMC, City Clerk Excavating in the amount of $590,316.35, Buol moved adoption of the Resolution, as presented and read. Buol moved that the amended, with the amendment to leave the proofs and communication be received and filed. street width at 29.5 feet and remove the Seconded by Markham. Motion carried 7-0. sidewalks between Dell St. and Highland. RESOLUTION NO. 380-03 Seconded by Connors. Motion carried 7-0. RESOLUTION ADOPTING RESOLUTION NO. 379-03 PLANS AND SPECIFICATIONS th RESOLUTION WITH RESPECT TO THE Whereas, on the 27 day of August, 2003, ADOPTION OF THE RESOLUTION OF plans, specifications, form of contract and NECESSITY PROPOSED FOR THE estimated cost were filed with the City Clerk of CHESTNUT STREET (HIGHLAND TO COX) Dubuque, Iowa for the Carter Road Detention RECONSTRUCTION PROJECT Basin Project. Whereas, the City Council has proposed a Whereas, notice of hearing on plans, Resolution of Necessity for the Chestnut Street specifications, form of contract, and estimated (Highland to Cox) Reconstruction Project, has cost was published as required by law. given notice of the public hearing thereon as NOW THEREFORE, BE IT RESOLVED BY required by law; and THE CITY COUNCIL OF THE CITY OF Whereas, the public hearing has been held, all DUBUQUE, IOWA: persons offering objections have been heard That the said plans, specifications, form of and consideration given to all objections and is contract and estimated cost are hereby pending before this Council; and approved as the plans, specifications, form of Whereas, this is the time and place set as contract and estimated cost for said provided for the taking of action on the proposed improvements for said project. th Resolution of Necessity. Passed, adopted and approved this 6 day of NOW THEREFORE, BE IT RESOLVED BY October, 2003. THE CITY COUNCIL OF THE CITY OF Terrance M. Duggan, Mayor DUBUQUE, IOWA: Attest: Jeanne F. Schneider, CMC, City Clerk That the proposed Resolution of Necessity Buol moved adoption of the Resolution. described above is hereby: Seconded by Markham. Motion carried 7-0. Regular Session, October 6, 2003 321 RESOLUTION NO. 381-03 NOW THEREFORE, BE IT RESOLVED BY AWARDING CONTRACT THE CITY COUNCIL OF THE CITY OF Whereas, sealed proposals have been DUBUQUE, IOWA: submitted by contractors for the Carter Road That the said plans, specifications, form of Detention Basin Project pursuant to Resolution contract and estimated cost are hereby No. 310-03 and notice to bidders published in a approved as the plans, specifications, form of newspaper published in the City of Dubuque, contract and estimated cost for said th Iowa on the 5 day of September, 2003. improvements for said project. th Whereas, said sealed proposals were opened Passed, adopted and approved this 6 day of th and read on the 30 day of September, 2003, October, 2003. and it has been determined that the bid of Terrance M. Duggan, Mayor Tschiggfrie Excavating Co. of Dubuque, Iowa, in Attest: Jeanne F. Schneider, CMC, City Clerk the amount of $590,316.35 was the lowest bid Cline moved adoption of the Resolution. for the furnishings of all labor and materials and Seconded by Nicholson. Motion carried 7-0. performing the work as provided for in the plans RESOLUTION NO. 383-03 and specifications. AWARDING CONTRACT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Whereas, sealed proposals have been DUBUQUE, IOWA: submitted by contractors for the Port of Dubuque That the contract for the above improvement Parking Lot Renovation & Resurfacing Project be awarded to Tschiggfrie Excavating Co., pursuant to Resolution No. 307-03 and notice to contingent upon permit issuance by the Iowa bidders published in a newspaper published in th Department of Natural Resources, and the the City of Dubuque, Iowa on the 5 day of Manager be and is hereby directed to execute a September, 2003. contract on behalf of the City of Dubuque for the Whereas, said sealed proposals were opened th complete performance of the work. and read on the 25 day of September, 2003, BE IT FURTHER RESOLVED: and it has been determined that the bid of That upon the signing of said contract and the Portzen Construction, Inc. of Dubuque, Iowa, in approval of the contractor’s bond, the City the amount of $476,492.35 was the lowest bid Treasurer is authorized and instructed to return for the furnishings of all labor and materials and the bid deposits of the unsuccessful bidders. performing the work as provided for in the plans th Passed, approved and adopted this 6 day of and specifications. October, 2003. NOW THEREFORE, BE IT RESOLVED BY Terrance M. Duggan, Mayor THE CITY COUNCIL OF THE CITY OF Attest: Jeanne F. Schneider, CMC, City Clerk DUBUQUE, IOWA: Buol moved adoption of the Resolution. That the contract for the above improvement Seconded by Markham. Motion carried 7-0. be awarded to Portzen Construction, Inc. and the Manager be and is hereby directed to Port of Dubuque Parking Lot Renovation and execute a contract on behalf of the City of Resurfacing Project: Proofs of publication on Dubuque for the complete performance of the notice of hearing on plans and specifications work. and notice to bidders on the receipt of bids, and BE IT FURTHER RESOLVED: City Manager recommending award of the That upon the signing of said contract and the contract for the Port of Dubuque Parking Lot approval of the contractor’s bond, the City Renovation and Resurfacing Project to Portzen Treasurer is authorized and instructed to return Construction, Inc. in the amount of $476,492.35, the bid deposits of the unsuccessful bidders. th presented and read. Cline moved that the Passed, approved and adopted this 6 day of proofs and communication be received and filed. October, 2003. Seconded by Nicholson. Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 382-03 Cline moved adoption of the Resolution. RESOLUTION ADOPTING Seconded by Nicholson. Motion carried 7-0. PLANS AND SPECIFICATIONS th Whereas, on the 27 day of August, 2003, Markham moved that the rules be reinstated plans, specifications, form of contract and limiting discussion to the Council. Seconded by estimated cost were filed with the City Clerk of Cline. Motion carried 7-0. Dubuque, Iowa for the Port of Dubuque Parking ACTION ITEMS Lot Renovation & Resurfacing Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated Eagle Point Bluff – Request for Public Hearing: cost was published as required by law. Communication from S.A. Sutton, Charles Winterwood, Francine Banwarth and Matt Lundh 322 Regular Session, October 6, 2003 submitting signatures opposing the Royal Oaks Mayor Duggan turned control of the meeting to condominium project and requesting that the the Mayor Pro-Tem due to possible conflict of City Council set a public hearing for the next interest. meeting, presented and read. Nicholson moved that the communications be received and filed. QHQ Request for Rezoning (Tabled on August Seconded by Markham. Motion carried 7-0. 4, 2003): Communication of Kenneth L. Buesing Matthew Lundh, 2678 Marywood, spoke requesting that the QHQ request for rezoning objecting to the loss of the bluff and old steps at property located south of Holliday Drive, west of this 2800 Rhomberg site, citing the importance the Northwest Arterial, be placed back on the of the connection between the river and Eagle City Council agenda, presented and read. Point Park. Michalski moved that this item be removed from City Manager submitting information on the the table. Seconded by Nicholson. Motion development, presented and read. Nicholson carried 6-0. moved that the communication be received and Attorney Steve Juergens, for QHQ, spoke of filed. Seconded by Markham. Motion carried 7-the Agreement reached with the neighbors, with 0. the excellent help of Dubuque Dispute Resolution Center Mediator Hiram Melendez. Irish Fest: Request of John Finn and Fran Michalski moved that the communication of Henkels to address the Council regarding the Mr. Buesing be received and filed. Seconded by location of Irish Fest and City Manager Connors. Motion carried 6-0. submitting background information on Irish Fest, presented and read. An Ordinance amending Appendix A (the John Finn, 180 Main St., and Fran Henkels, Zoning Ordinance) of the City of Dubuque Code 1400 University, spoke clarifying and requesting of Ordinances by reclassifying hereinafter approval of the Council to hold Irish Fest behind described property located south of Holliday the Busted Lift. Day, west of the Northwest Arterial, from AG After discussion, Nicholson moved to receive Agricultural District to C-2 Neighborhood and file the communications and amend the Shopping Center District and C-3 General request to allow Murphy Park as the Festival site Commercial zoning district, with conditions, with Mr. Finn providing the proper presented and read. documentation. Seconded by Buol. Carried by OFFICIAL PUBLICATION the following vote: Yeas—Buol, Cline, Connors, ORDINANCE NO. 77-03 Duggan, Michalski, Nicholson. Nays—Markham. AN ORDINANCE AMENDING APPENDIX A RESOLUTION NO. 384-03 (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY BEER RECLASSIFYING HEREINAFTER DESCRI- Whereas, applications for Beer Permits have BED PROPERTY LOCATED AT THE SOUTH been submitted and filed to this Council for END OF HOLLIDAY DRIVE, WEST OF THE approval and the same have been examined NORTHWEST ARTERIAL FROM AG and approved: and AGRICULTURAL DISTRICT TO C-2 NEIGH- Whereas, the premises to be occupied by BORHOOD SHOPPING CENTER DISTRICT such applicants were inspected and found to AND TO C-3 GENERAL COMMERCIAL comply with the Ordinances of the City and have DISTRICT, WITH CONDITIONS filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: DUBUQUE, IOWA: That the Manager be authorized to cause to be Section 1. That Appendix A (The Zoning issued the following named applicants a Beer Ordinance) of the City of Dubuque Code of Permit. Ordinances is hereby amended by reclassifying CLASS “B” BEER (5 – DAY SPECIAL EVENT) the hereinafter-described property from AG Davey Robertsons Public Bar The Busted Lift-Agricultural District to C-2 Neighborhood Irish Fest Murphy Park Shopping Center District, with conditions, to wit: Passed, approved and adopted this 6th day of The portion (regardless of how such portion is in October, 2003. the future finally subdivided and platted) of Lot 2 Terrance M. Duggan, Mayor of 2 of the SE 1/4 of the NE 1/4 Section 20, Attest: Jeanne F. Schneider, City Clerk T89N, R2E, in the City of Dubuque, Iowa, now Nicholson moved adoption of the Resolution shown as Lots 8, 9, and 10 on the preliminary Seconded by Buol. Carried by the following Zoning Plan attached hereto as Exhibit "A" and vote: Yeas—Buol, Duggan, Cline, Connors, by this reference incorporated herein. Michalski, Nicholson. Nays—Markham. 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 feet (8’) in height and shall be planted at the top the hereinafter-described property from AG of the barrier. The trees shall be planted in a Agricultural District to C-3 General Commercial zig-zag pattern approximately fifteen feet (15’) District, with conditions, to wit: apart. The portion (regardless of how such portion is in 4) All lots within the above-described property the future finally subdivided and platted) of Lot B shall have seventy-two degree (72°) cut light and Lot 2 of 2 of the SE 1/4 of the NE 1/4 parking lot fixtures which focus light downward Section 20, T89N, R2E, in the City of Dubuque, and thereby minimize the amount of lighting Iowa, now shown as Lots 1 through 7, inclusive, which would otherwise spread to surrounding and Lot 11 on the preliminary Zoning Plan areas. All lighting on lots within the above- attached hereto as Exhibit "A" and by this described property shall otherwise comply with reference incorporated herein. City of Dubuque Zoning Ordinance provisions. Section 3. The foregoing amendment has 5) All exterior storage and trash collection heretofore been reviewed by the Zoning areas and the materials contained therein shall Advisory Commission of the City of Dubuque, be visually screened from view. The screening Iowa. shall be a completely opaque fence, wall or Section 4. This ordinance shall take effect other feature not exceeding a height of ten feet immediately upon publication, as provided by (10’) measured from the ground level outside the law. line of the screen. Exposed materials to th Passed, approved and adopted this 6 day of construct the opaque screen shall be similar in October, 2003. appearance to materials used for exterior Patricia A. Cline, Mayor Pro-Tem building walls. Colors of the screen shall match Attest: Jeanne F. Schneider, CMC, City Clerk those of the building. All exterior entrances to a MEMORANDUM OF AGREEMENT screened storage or trash area shall be provided Pursuant to the Iowa Code Section 414.5 with a gate or door of similar design to that of (2001), and as an express condition of rezoning the screen. Gates and doors shall be closed at of the property described as: all times other than when a vehicle or personnel Lot B and Lot 2 of 2 of the SE 1/4 of the NE 1/4 are using the entrance for access to and from Section 20, T89N, R2E, and to the center line of the screened area. the adjoining public right-of-way, all in the City of In lieu of opaque screening, exterior storage or Dubuque, Iowa, trash collection areas may be screened with which is the subject of Ordinance No. 77-03, a evergreen plant materials selected and designed copy of which is attached hereto and so that they will eventually screen the area from incorporated herein by reference, the all off-site visibility. In such cases, if initial undersigned property owners, agree to the plantings are of six foot (6’) height or greater, the following conditions, all of which the property requirements for other opaque screening shall owner further agrees are reasonable and are be omitted. imposed to satisfy public needs which are 6) The provisions of the City of Dubuque caused directly by the rezoning: Zoning Ordinance shall apply to the construction A) Conditions: and maintenance of signs on lots within the 1) That the north right-in/right-out access above-described property. shall be installed concurrently with the extension B) Reclassification of the Subject Property. The of Holliday Drive. City of Dubuque, Iowa may initiate zoning 2) That the southern access shall be installed reclassification proceedings to the AG when Plastic Center, Inc. constructs the Agricultural District (which rezoning will include signalized intersection located approximately the removal of the performance standards in 2,000 feet south of the Asbury Road and Section A above) if the property owner fails to Northwest Arterial intersection. complete any of the conditions or provisions of 3) Prior to construction on each lot within the this Agreement. above-described property, an earthen barrier C) Modifications. Any modifications of this shall be constructed along the boundary of the Agreement shall be considered a zoning lot which lies adjacent to Embassy West No. 3 reclassification and shall be subject to the Subdivision. The barrier will be graded such that provisions of the Zoning Ordinance governing it will slope at a rate of approximately three-to-zoning reclassifications. All such modifications one (3:1), with the grade rising from the property must be approved by the City Council of line to the east. The barrier shall be to a Dubuque, Iowa. minimum of fifty feet (50’) and to a maximum of D) Recording. A copy of this Agreement shall seventy-five feet (75’) in width, extending from be recorded with the Dubuque County Recorder the property line to the east. The barrier will be as a permanent record of the conditions seeded in grasses and shall be planted with accepted as part of this rezoning approval within conifer (evergreen) trees. The trees shall thirty (30) days of the adoption of Ordinance No. initially be a minimum of seven feet (7’) to eight 77-03. 324 Regular Session, October 6, 2003 E) Construction. This Agreement shall be Valley Subdivision, which the owners by said construed and interpreted as though it were part final plat have dedicated to the public forever; of Appendix A of the Code of Ordinances of the and City of Dubuque, also known as the Zoning Whereas, the preliminary plat has been Ordinance of the City of Dubuque, Iowa. examined by the Zoning Advisory Commission F) This Agreement shall be binding upon the and had its approval endorsed thereon; and undersigned and his/her heirs, successor and Whereas, said final plat has been reviewed by assignees. the City Planner and had her approval endorsed ACCEPTANCE OF ORDINANCE NO. 77-03 thereon, subject to the owners agreeing to the I, Timothy J. Quagliano, representing QHQ conditions noted in Section 2 below; and Properties, having read the terms and conditions Whereas, said final plat has been examined by of the Resolution No, 77-03 and being familiar the City Council and they find that it conforms to with the conditions thereof, hereby accept this the statutes and ordinances relating to it, except same and agree to the conditions required that no streets or public utilities have yet been therein. constructed or installed. th Dated in Dubuque, Iowa this 6 day of NOW, THEREFORE, BE IT RESOLVED BY October, 2003. THE CITY COUNCIL OF THE CITY OF QHQ Properties, An Iowa General Partnership DUBUQUE, IOWA: By: /s/ Timothy J. Quagliano, General Partner Section 1. That the dedication of Commerce Published officially in the Telegraph Herald Park (Lot F), South Westbrook Drive (Lot G), th Newspaper the 13 day of October, 2003. Pebble Creek Drive (Lot H) Trails Edge Drive /s/Jeanne F. Schneider, CMC, City Clerk (Lot I), North Westbrook Drive (Lot J), and 1t 10/13 Seippel Road (Lot K), and the easements for Michalski moved that the requirement that a public utilities, sanitary sewer, storm sewer and proposed Ordinance be considered and voted water mains as they appear upon said final plat, on for passage at two Council Meetings prior to be and the same are hereby accepted; and the meeting at which it is to be finally passed be Section 2. That the Final Plat of Lots 1 thru 48, suspended and further moved final Inclusive, of Block 1, Lots 1 thru 10, Inclusive, of consideration and passage of the Ordinance. Block 3 and Lots A, B, C, D, E, F,G, H, I, J, and Seconded by Connors. Motion carried 6-0. K of Westbrook Subdivision is hereby approved and the Mayor and City Clerk are hereby Mayor Duggan returned and took control of the authorized and directed to endorse the approval meeting. of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein Westbrook Subdivision – Final Plat: City named, execute their written acceptance hereto Manager recommending approval of the final attached agreeing: plat of Phase I of Westbrook Subdivision, which (a) To reduce Commerce Park (Lot F), South was recently approved for annexation in the City Westbrook Drive (Lot G), Pebble Creek Drive of Dubuque, as requested by Joel Callahan, (Lot H), Trails Edge Drive (Lot I), and North presented and read. Cline moved that the Westbrook Drive (Lot J) to grade and to communication be received and filed. Seconded construct concrete curb and gutter and to hard by Nicholson. Motion carried 7-0. surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with RESOLUTION NO. 385-03 the City of Dubuque standard specifications, all A RESOLUTION APPROVING THE FINAL in a manner acceptable to the City Engineer, in PLAT OF LOTS 1 THRU 48, INCLUSIVE, OF conformance with construction improvement BLOCK 1, LOTS 1 THRU 10, INCLUSIVE, OF plans approved by the City Engineer, and BLOCK 3 AND LOTS A, B, C, D, E, F, G, H, I, inspected by the City Engineer. J, AND K OF WESTBROOK SUBDIVISION. (b) To install sanitary sewer and service laterals, Whereas, there has been filed with the City water mains and water service laterals into each Clerk the Final Plat of Lots 1 thru 48, Inclusive, individual lot, storm sewers and catch basins, of Block 1, Lots 1 thru 10, Inclusive, of Block 3 boulevard street lighting and erosion control and Lots A, B, C, D, E, F,G, H, I, J, and K of devices all in accordance with the City of Westbrook Subdivision, in Dubuque County, Dubuque standard specifications, all in a Iowa; and manner acceptable to the City Engineer, and in Whereas, upon said final plat appears streets accordance with construction improvement to be known as Commerce Park (Lot F), South plans approved by the City Engineer, and Westbrook Drive (Lot G), Pebble Creek Drive inspected by the City Engineer. (Lot H), Trails Edge Drive (Lot I), North (c) To construct said improvements, prior to two Westbrook Drive (Lot J) and Seippel Road (Lot (2) years from the date of acceptance of this K), together with certain public utility easements resolution, at the sole expense of the owners, or and storm water detention facility, all in Eagle future owner; Regular Session, October 6, 2003 325 (d) To construct storm water detention facility(s) Section 6. That the City may install a portion of in a manner acceptable to the City Engineer, in the water mains and service laterals into each accordance with construction improvement individual lot. The costs associated with this plans approved by the City Engineer, prior to installation shall be reimbursed to the City from grading associated with the proposed streets. the developer, his successors and assigns as (e) To maintain the above public improvements, each lot is sold, with a balloon payment at the for a period of two (2) years from the date of the end of five years from the date of this resolution, acceptance of those improvements by the City all in accordance with the development of Dubuque, Iowa, at the sole expense of the agreement between the City of Dubuque and owners, or future owner; Callahan Construction. And, further provided that said Callahan Section 7. That the final acceptance of all Construction, as owners of said property, shall public improvements shall occur upon secure the performance of the foregoing certification of the City Engineer to the City conditions provided in this Section by providing Council that all public improvements have been guarantees in such form and with such sureties completed in accordance with the improvement as may be acceptable to the City Manager of the plans and City standard specifications and City of Dubuque, Iowa. accepted by City Council Resolution. Section 3. Sidewalk installation shall be the Section 8. That in the event Callahan responsibility of the owner abutting the public Construction fails to execute the acceptance and rights-of-way, including lots with multiple furnish the guarantees provided in Section 3 frontages, as required by City Code 41-161 hereof within 180 days after the date of this through 41-164. The responsibility shall extend Resolution, the provisions hereof shall be null to all successors, heirs and assignees. and void and the acceptance of the dedication Sidewalk installation will not be required until the and approval the plat shall not be effective. th development of the lot has been completed, Passed, approved and adopted this 6 day of except as required herein. In sparsely October 2003. developed subdivisions, sidewalks on developed Terrance M. Duggan, Mayor lots will not be required until 50% of the lots Attest: Jeanne F. Schneider, City Clerk approved by the plat have been developed. All Cline moved adoption of the Resolution. vacant lots shall have sidewalks installed upon Seconded by Nicholson. Motion carried 6-0 with development of 80% of the lots approved by the Markham out of the Chambers briefly. plat. Section 4. The developer will maintain the Northwest Arterial Access: ity Manager detention facilities constructed as part of recommending approval of a request from Westbrook Subdivision until it has been fully Martin J. McNamer, Harvest Development completed and 80% of the sum of the platted Group, LLC, to construct a temporary access on lots in the entire Westbrook Subdivision is fully to the Northwest Arterial for construction of an developed and the remaining 20% of these lots assisted living project, presented and read. Buol have installed adequate erosion control moved that the communication be received and measures as approved by the City. Upon the filed and approved recommendation. Seconded Citys acceptance of the detention facility, the by Nicholson. Motion carried 7-0. = maintenance expenses incurred by the City of University Avenue Reconstruction Project: Dubuque for the storm water detention facility City Manager recommending award of the (Lots B, C, D & E) shall be assessed against the contract for the University Avenue lot owners of Eagle Valley Subdivision, in equal Reconstruction Project from Delhi to Alta Vista amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall and the University Avenue Patching Project from promptly certify such costs to the Dubuque Alta Vista to Spruce Street to Horsfield County Treasurer, and such costs shall then be Construction, Inc., in the amount of collected with and in the same manner as $1,007,996.36, presented and read. Markham moved that the communication be received and general property taxes in accordance with filed. Seconded by Michalski. Motion carried 7- provisions of law. 0. Section 5. That the City may install a portion of RESOLUTION NO. 386-03 the sanitary sewer mains and sewer service AWARDING CONTRACT laterals into each individual lot. The costs associated with this installation shall be Whereas, sealed proposals have been reimbursed to the City from the developer, his submitted by contractors for the University successors and assigns as each lot is sold, with Avenue Reconstruction Project from Delhi to Alta Vista and the University Avenue Patching a balloon payment at the end of five years from Project from Alta Vista to Spruce Street pursuant the date of this resolution, all in accordance with to Resolution No. 286-03 and notice to bidders the development agreement between the City of published in a newspaper published in the City Dubuque and Callahan Construction. 326 Regular Session, October 6, 2003 nd of Dubuque, Iowa on the 22 day of August, 2003. Approved:__________________________2003 Whereas, said sealed proposals were opened and read on the 16th of September, 2003, by the Adopted:___________________________2003 Iowa Department of Transportation (IDOT), 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 Mayor the furnishings of all labor and materials and performing the work as provided for in the plans ______________________________________ and specifications. NOW THEREFORE, BE IT RESOLVED BY ______________________________________ THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: ______________________________________ That the contract for the above improvement be awarded to 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 performance of the work. Council Members BE IT FURTHER RESOLVED: That upon the signing of said contract and the Attest: approval of the contractor’s bond, the City Treasurer is authorized and instructed to return ______________________________________ the bid deposits of the unsuccessful bidders. City Clerk th Passed, approved and adopted this 6 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 behalf of all the City emergency services. At 8:46 P.M. Buol moved to go into Closed Session re: 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. /s/ Jeanne F. Schneider, CMC City Clerk 1t 10/15 Regular Session, October 20, 2003 327 DUBUQUE Printed Council Proceedings for August, 2003, presented and read. Buol moved that the CITY COUNCIL proceedings be received and filed and approved OFFICIAL as printed. Seconded by Nicholson. Motion PROCEEDINGS carried 7-0. Finance Director submitting the City of City Council, Regular Session, October 20, Dubuque Financial Reports for month ending 2003 September 31, 2003, presented and read. Buol Council met in Regular Session at 6:30 P.M. in moved that the communication and report be the Library Auditorium received and filed. Seconded by Nicholson. Motion carried 7-0. Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Notice of Claims/Suits: Michael W. Sand for Nicholson, City Manager Van Milligen, vehicle damage; James C. Walgren for vehicle Corporation Counsel Lindahl damage; Raymond Worden, Jr. and Bambi Worden vs. City of Dubuque, presented and Mayor Duggan read the call and stated this is read. Buol moved that the claims and suits be a regular session of the City Council called for referred to the Legal Staff for investigation and the purpose of discussing such matters which report. Seconded by Nicholson. Motion carried may properly come before the City Council. 7-0. Invocation was given by Sister Mary Kivlahan, Corporation Counsel advising that the OSF, Pastoral Associate, Holy Trinity Catholic following claim has been referred to Public Entity Church. Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: James Walgren Proclamations: Red Ribbon Week (October for vehicle damage, presented and read. Buol 23 – 31, 2003) and 2-1-1 Month (November, moved that the communication be received and 2003) received by Lidia Bertolini. filed and concurred. Seconded by Nicholson. Motion carried 7-0. Special Presentation: Katie Krieg, 2620 New Haven, as President of Dubuque Initiatives, Corporation Counsel recommending spoke and showed a video explaining their settlement of the claim of Kristina Keuter for request for Council support of a Minor League vehicle damage and James Mess for towing Baseball Team in Dubuque. Nicholson moved charges and directing the Finance Department that the communications be received and filed to issue proper payment, presented and read. and instructed Staff to prepare language for a Buol moved that the communications be referendum ballot on December 16, 2003 and to received and filed and concurred and Finance make application to the Iowa Vision Fund. Director to issue proper payment. Seconded by Seconded by Cline. Motion carried 7-0. Nicholson. Motion carried 7-0. CONSENT ITEMS Corporation Counsel recommending that the claim of Michael Sand for vehicle damage be Minutes and Reports Submitted: Airport referred to River City Paving, presented and Commission of 9/22; Cable TV Regulatory read. Buol moved that the communication be Commission of 10/10; Cable Community received and filed and concurred. Seconded by Teleprogramming Commission of 10/7; City Nicholson. Motion carried 7-0. Council of 10/6; Civil Service of 9/18 and 10/8; Housing Code Appeals Board of 9/16; Human Citizen Communications: Rights Commission of 9/8; Joint City/County Communication from Tim Laehn regarding a Planning Committee of 9/22; Mechanical Board program he has initiated in Allison, Iowa to of 10/1; Zoning Board of Adjustment of 9/25, welcome new residents, presented and read. presented and read. Buol moved that the Buol moved that the communication be received minutes be received and filed. Seconded by Nicholson. Motion carried 7-0. and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Proofs of publication of City Council Request of Bob Felderman, representing Proceedings for September 15 and 26, 2003, Edward Walz, for a two-hour parking zone in presented and read. Buol moved that the proofs front of 1365-1367-1385-1399 Jackson Street, be received and filed. Seconded by Nicholson. presented and read. Buol moved that the Motion carried 7-0. communication be received and filed and 328 Regular Session, October 20, 2003 referred to the City Manager. Seconded by Iowa Department of Transportation: Communication from the Iowa Department of Nicholson. Motion carried 7-0. Transportation submitting Iowa’s Mississippi River Trail (MRT) Plan and requesting that the Eagle Food Centers, Inc.: Notices of filing in City review the plan, presented and read. Buol the United States Bankruptcy Court for the moved that the communication be received and Northern District of Illinois Eastern Division by filed and referred to the City Manager. Eagle Food Centers, Inc., et al, presented and Seconded by Nicholson. Motion carried 7-0. read. Buol moved that the communication be received and filed. Seconded by Nicholson. Plat of Survey – Lot 1 and Lot 2 of Whites Motion carried 7-0. Place: Zoning Advisory Commission recom- mending approval of the Plat of Survey of Lot 1 Tax Appeal: Corporation Counsel submitting a and Lot 2 of Whites Place as requested by the Stipulation of Settlement of two tax assessment City of Dubuque, presented and read. Buol appeals for property located at 1105 Grove moved that the communication be received and Terrace (the Hancock House), presented and filed. Seconded by Nicholson. Motion carried 7- read. Buol moved that the communication be 0. received and filed and approved Settlement Stipulation. Seconded by Nicholson. Motion RESOLUTION NO. 387-03 carried 7-0. RESOLUTION APPROVING THE PLAT OF SURVEY LOT 1 AND LOT 2 OF WHITES Civil Service Commission: Civil Service PLACE NO 2 Commission submitting the certified list for the Whereas, there has been filed with the City position of Equipment Operator II, presented Clerk a Plat of Survey of Lot 1 and Lot 2 of and read. Whites Place No. 2; and October 10, 2003 Whereas, Lot 1 and Lot 2 have 0 feet of lot Honorable Mayor and frontage where 50 feet of lot frontage is required Members of the City Council by Section 42-19(b) of the Subdivision In accordance with Chapter 400 of the 2003 Regulations; and Code of Iowa, an examination for the position of Whereas, said survey plat has been examined Equipment Operator II was given on September by the Zoning Advisory Commission and had its 25, 2003. We hereby certify that the individuals approval endorsed thereon; and listed below have passed this written Whereas, said plat has been examined by the examination and the vacancy for this position City Council and they find that it conforms to the should be made from this list and that this list is statutes and ordinances relating thereto. good for two (2) years from above date. NOW THEREFORE, BE IT RESOLVED BY EQUIPMENT OPERATOR II THE CITY COUNCIL OF THE CITY OF Brian S. Odefy DUBUQUE, IOWA: Jeffrey D. Simons Section 1. That Section 42-19(b) of the Robert J. Barry Subdivision Regulations is waived to allow Lot 1 Wayne M. Ries and Lot 2 to have 0 feet of lot frontage, where 50 James Powers feet of lot frontage is required. Dennis L. Richey Section 2. That the Plat of Survey Lot 1 and Joseph T. Breson Lot 2 of Whites Place No. 2 is hereby approved Respectfully submitted, and the Mayor and City Clerk are hereby /s/Merle Duehr, Chairperson authorized and directed to endorse the approval /s/Loras Kluesner of the City of Dubuque, Iowa upon said final plat. /s/Richard Wertzberger th Passed, approved and adopted this 20 day of Civil Service Commission October 2003. Buol moved that the above Civil Service Terrance M. Duggan, Mayor certification be received and filed and made a Attest: Jeanne F. Schneider, City Clerk matter of record. Seconded by Nicholson. Buol moved adoption of the Resolution. Motion carried 7-0. Seconded by Nicholson. Motion carried 7-0. Letter of Appreciation: Communication from Final Plat – Medical Associates Subdivision Nancy B. Ciapalo thanking the City Council for No. 3: Zoning Advisory Commission the recent action regarding the Chestnut Street recommending approval of the final plat of reconstruction project, presented and read. Medical Associates Subdivision No. 3 at the end Buol moved that the communication be received of Aggie Street as requested by Bob Hartig, and filed. Seconded by Nicholson. Motion presented and read. Buol moved that the carried 7-0. communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Regular Session, October 20, 2003 329 RESOLUTION NO. 388-03 Whereas, said Final Plat has been examined RESOLUTION APPROVING THE FINAL PLAT by the City Council and they find that it conforms OF MEDICAL ASSOCIATES SUBDIVISION to the statues and ordinances relating thereto. NO. 3 IN THE CITY OF DUBUQUE, IOWA. NOW THEREFORE, BE IT RESOLVED BY Whereas, there has been filed with the City THE CITY COUNCIL OF THE CITY OF Clerk a Final Plat of Medical Associates DUBUQUE, IOWA: nd Subdivision No. 3 in the City of Dubuque, Iowa; Section 1. That the dedication of West 32 and Street (Lot A) as it appears upon said Final Plat, Whereas, said Final Plat provides Lots 1, 2 be and the same is hereby accepted. nd and 3 with 0 feet of lot frontage, where 50 feet is Section 2. That the Final Plat of Sullivan’s 2 required by Section 42-19(b) of the Subdivision Addition is hereby approved and the Mayor and Regulations; and City Clerk are hereby authorized and directed to Whereas, said Final Plat has been examined endorse the approval of the City of Dubuque, by the Zoning Advisory Commission and had its Iowa upon said Final Plat. approval endorsed thereon; and Section 3. Sidewalk installation shall be the Whereas, said Final Plat has been examined responsibility of the owner abutting the public by the City Council and they find that it conforms rights-of-way, including lots with multiple to the statutes and ordinances relating thereto. frontages, as required by City Code 41-161 NOW THEREFORE, BE IT RESOLVED BY through 41-164. The responsibility shall extend THE CITY COUNCIL OF THE CITY OF to all successors, heirs and assignees. DUBUQUE, IOWA: Sidewalk installation will not be required until the Section 1. That Section 42-19(b) of the development of the lot has been completed, Subdivision Regulations is waived to allow Lots except as required herein. In sparsely 1, 2 and 3 with 0 feet of lot frontage, where 50 developed subdivisions, sidewalks on developed feet is required. lots will not be required until 50% of the lots Section 2. That the Final Plat of Medical approved by the plat have been developed. All Associates Subdivision No. 3 is hereby vacant lots shall have sidewalks installed upon approved and the Mayor and City Clerk are development of 80% of the lots approved by the hereby authorized and directed to endorse the plat. th approval of the City of Dubuque, Iowa upon said Passed, approved and adopted this 20 day of Final Plat. October 2003. th Passed, approved and adopted this 20 day of Terrance M. Duggan, Mayor October 2003. Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk Seconded by Nicholson. Motion carried 7-0. Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Administrative Services Fee Renewal: City Manager recommending approval of the nd Final Plat – Sullivan’s 2 Addition: Zoning administrative services fee renewal rates Advisory Commission recommending approval submitted by Alternative Service Concepts nd of the final plat of Sullivan’s 2 Addition as (ASC), the City’s workers’ compensation claims requested by James Sullivan, presented and administrator, presented and read. Buol moved read. Buol moved that the communication be that the communication be received and filed received and filed. Seconded by Nicholson. and approved recommendation. Seconded by Motion carried 7-0. Nicholson. Motion carried 7-0. RESOLUTION NO. 389-03 Chestnut Street (Highland to Cox) RESOLUTION APPROVING THE FINAL PLAT Reconstruction Project: City Manager ND OF SULLIVAN’S 2 ADDITION IN THE CITY recommending award of the contract for the OF DUBUQUE, IOWA Chestnut Street (Highland to Cox) Whereas, there has been filed with the City Reconstruction Project to WC Stewart nd Clerk a Final Plat of Sullivan’s 2 Addition, in Construction Co., in the amount of $471,823.09 the City of Dubuque, Iowa; and and Resolution awarding contract to WC Stewart Whereas, upon said Final Plat appears a Construction Co., presented and read. nd street known as West 32 Street, which the Dave Stuart, 1470 Locust, spoke and stated owners by said Final Plat have dedicated to the residents’ questions were not answered and public forever; and requested rejection of bids. Whereas, said Final Plat has been reviewed Chris Wand, Chair of the Historic Preservation by the Zoning Advisory Commission and had Commission, spoke requesting that this project their approval endorsed thereon, subject to the be tabled to allow the Historic Preservation owner’s agreeing to the conditions noted in Commission an opportunity to review the project Section 2 below; and 330 Regular Session, October 20, 2003 and offer alternatives and options for Section 1. That the cost of said improvement reconstruction of the street. is hereby determined to be $28,061.90 and the Markham moved to table action to the 11/3/03 said improvement shall be paid from the funding Council Meeting. Seconded by Nicholson. of the Dubuque County Historical Society and Carried by the following vote: Yeas—Buol, the Iowa Department of Transportation TEA-21 Cline, Connors, Markham, Michalski, Nicholson. Grant. th Nays—Duggan. Passed, approved and adopted this 20 day of October, 2003. Railroad Depot Restoration Project: City Terrance M. Duggan, Mayor Manager recommending acceptance of the Attest: Jeanne F. Schneider, CMC, City Clerk Railroad Depot Restoration Project – Lighting Buol moved adoption of the Resolution. Fixtures as completed by Morse Electric, Inc., in Seconded by Nicholson. Motion carried 7-0. the final contract amount of $28,061.90, presented and read. Buol moved that the White Street Reconstruction Project: City communication be received and filed. Seconded Manager recommending acceptance of the by Nicholson. Motion carried 7-0. White Street Reconstruction Project as completed by WC Stewart Construction Co., in RESOLUTION NO. 390-03 the final contract amount of $2,757,473.33, ACCEPTING IMPROVEMENT presented and read. Buol moved that the Whereas, the contract for the Burlington communication be received and filed. Seconded Northern Railroad Depot Restoration Project, by Nicholson. Motion carried 7-0. Contract No. 15B – Lighting Fixtures has been RESOLUTION NO. 392-03 completed and the City Manager has examined ACCEPTING IMPROVEMENT the work and filed his certificate stating that the same has been completed according to the Whereas, the contract for the White Street stnd terms of the contracts, plans and specifications Reconstruction Project – 21 to 32 Street has and recommends its acceptance. been completed and the City Manager has NOW THEREFORE, BE IT RESOLVED BY examined the work and filed his certificate THE CITY COUNCIL OF THE CITY OF stating that the same has been completed DUBUQUE, IOWA: according to the terms of the contract, plans and Section 1. That the recommendation of the specifications and recommends its acceptance. City Manager be approved and that said NOW THEREFORE, BE IT RESOLVED BY improvements be and the same are hereby THE CITY COUNCIL OF THE CITY OF accepted. DUBUQUE, IOWA: BE IT FURTHER RESOLVED that the City Section 1. That the recommendation of the Treasurer be and he is hereby directed to pay to City Manager be approved and that said the contractor from the funding of the Dubuque improvement be and the same is hereby County Historical Society and the Iowa accepted. Department of Transportation TEA-21 Grant in BE IT FURTHER RESOLVED that the City amounts equal to the amounts of his contracts, Treasurer be and he is hereby directed to pay less any retained percentage provided for the contractor in the amount equal to the amount therein. of his contract, less any retained percentage th Passed, approved and adopted this 20 day of provided for therein. th October, 2003. Passed, approved and adopted this 20 day of Terrance M. Duggan, Mayor October, 2003. Attest: Jeanne F. Schneider, CMC, City Clerk Terrance M. Duggan, Mayor Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, CMC, City Clerk Seconded by Nicholson. Motion carried 7-0. Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 391-03 FINAL ESTIMATERESOLUTION NO. 393-03 FINAL ESTIMATE Whereas, the contract for the Burlington Northern Railroad Depot Restoration Project, Whereas, the contract for the White Street stnd Contract No. 15B – Lighting Fixtures has been Reconstruction Project – 21 to 32 Street has completed and the City Engineer has submitted been completed and the City Engineer has his final estimates showing the costs thereof submitted his final estimate showing the cost including the cost of estimates, notices and thereof including the cost of estimates, notices inspection and all miscellaneous costs. and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: DUBUQUE, IOWA: Regular Session, October 20, 2003 331 Section 1. That the cost of said improvement said amount shall be paid from the Port of is hereby determined to be $2,757,473.33. Dubuque Utility Relocation Funds of the City of th Passed, approved and adopted this 20 day of Dubuque, Iowa. th October, 2003. Passed, approved and adopted this 20 day of Terrance M. Duggan, Mayor October, 2003. Attest: Jeanne F. Schneider, CMC, City Clerk Terrance M. Duggan, Mayor Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, CMC, City Clerk Seconded by Nicholson. Motion carried 7-0. 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 Library Roof Replacement Project: City Connection Project between the City Network Manager recommending acceptance of the and the Port of Dubuque as completed by Library Roof Replacement Project as completed Volkens Excavating in the final contract amount by Jim Giese Commercial Roofing in the final of $11,625, presented and read. Buol moved contract amount of $44,378, presented and that the communication be received and filed. read. Buol moved that the communication be Seconded by Nicholson. Motion carried 7-0. received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 394-03 ACCEPTING IMPROVEMENTRESOLUTION NO. 396-03 ACCEPTING IMPROVEMENT Whereas, the contract for the Fiber Optic Connection Project between City Network and Whereas, the contract for the roof replacement Port of Dubuque has been completed and the for the 1980 addition to the Carnegie Stout City Manager has examined the work and filed Public Library has been completed and Steve his certificate stating that the same has been Ulstad, Architect and the Library Board of completed according to the terms of the Trustees has examined the work and found that contract, plans and specifications and the same has been completed according to the recommends its acceptance. terms of the contract, plans and specifications NOW THEREFORE, BE IT RESOLVED BY and recommends its acceptance. THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF Section 1. That the recommendation of the DUBUQUE, IOWA: City Manager be approved and that said Section 1. That the recommendation of the improvement be and the same is hereby City Manager be approved and that said accepted. improvement be and the same is hereby BE IT FURTHER RESOLVED that the City accepted Treasurer be and he is hereby directed to pay to BE IT FURTHER RESOLVED that the City the contractor from the Port of Dubuque Utility Treasurer be hereby directed to pay to the Relocation Funds in amount equal to the amount contractor Jim Giese Commercial Roofing the of his contract, less any retained percentage sum of $44,378. provided for therein. Passed, approved and adopted this 20th day th Passed, approved and adopted this 20 day of of October, 2003. October, 2003. Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 397-03 RESOLUTION NO. 395-03 FINAL ESTIMATE FINAL ESTIMATE Whereas, the contract for the roof replacement Whereas, the contract for the Fiber Optic for the 1980 addition to the Carnegie Stout Connection Project between City Network and Public Library has been completed and Steve Port of Dubuque has been completed and the Ulstad, Architect and the Library Board of City Engineer has submitted his final estimate Trustees has examined the work and found that showing the cost thereof including the cost of the same has been completed according to the estimates, notices and inspection and all terms of the contract, plans and specifications miscellaneous costs. and recommends its acceptance. Jim Giese NOW THEREFORE, BE IT RESOLVED BY Commercial Roofing has submitted his final THE CITY COUNCIL OF THE CITY OF invoice showing the cost thereof including the DUBUQUE, IOWA: cost of estimates, notices and inspection and all Section 1. That the cost of said improvement miscellaneous costs. is hereby determined to be $13,368.75 and the 332 Regular Session, October 20, 2003 th NOW THEREFORE, BE IT RESOLVED BY Passed, approved and adopted this 20 day of THE CITY COUNCIL OF THE CITY OF October, 2003. DUBUQUE, IOWA: Terrance M. Duggan, Mayor Section 1. That the cost of said improvement Attest: Jeanne F. Schneider, CMC, City Clerk is hereby determined to be $44,378 and the said Buol moved adoption of the Resolution. amount shall be paid from the Capital Seconded by Nicholson. Motion carried 7-0. Improvement budget of the City of Dubuque, RESOLUTION NO. 399-03 Iowa. RESOLUTION APPROVING AGREEMENT Passed, approved and adopted this 20th day WITH THE IOWA CENTRAL & EASTERN of October, 2003. RAILROAD FOR THE CONSTRUCTION OF A Terrance M. Duggan, Mayor RAILROAD SWITCH AND RAIL EXTENSION Attest: Jeanne F. Schneider, CMC, City Clerk FOR THE FLYNN READY-MIX CONCRETE Buol moved adoption of the Resolution. CO. RAILROAD SPUR Seconded by Nicholson. Motion carried 7-0. Whereas, the City of Dubuque is currently in Helping Services for Northeast Iowa the process of installing a railroad spur for the Subcontract: City Manager recommending Flynn Ready-Mix Concrete Co.; and approval of a subcontract agreement with Whereas, the Iowa Central & Eastern Railroad Helping Services of Northeast Iowa for Police (IC&E) is proposing to construct a railroad Officers to participate in the Iowa Department of switch and 676 feet of rail for the Flynn Ready- Health Drug and Violence Prevention Grant, Mix Concrete Co.; and presented and read. Buol moved that the Whereas, the Iowa Central & Eastern Railroad communication be received and filed and (IC&E) has prepared a construction agreement approved recommendation. Seconded by outlining the terms under which the switch and Nicholson. Motion carried 7-0. rail extension would be installed and providing that the City reimburse the Iowa Central & Iowa Chicago & Eastern Railroad Agreements: Eastern Railroad (IC&E) for its cost of City Manager recommending approval of installation. agreements with the Iowa Chicago & Eastern NOW THEREFORE, BE IT RESOLVED BY Railroad for the installation of a five-inch fiber THE CITY COUNCIL OF THE CITY OF optic conduit and the construction of a railroad DUBUQUE, IOWA: switch for Flynn Ready-Mix Concrete, presented Section 1. That the City Council hereby and read. Buol moved that the communication approves the Iowa Central & Eastern Railroad be received and filed. Seconded by Nicholson. (IC&E) agreement for the construction of a Motion carried 7-0. railroad switch and rail extension for the Flynn Ready-Mix Concrete Co. RESOLUTION NO. 398-03 Section 2. That the Mayor be authorized and RESOLUTION APPROVING AGREEMENT directed to execute two copies of the agreement. th WITH THE IOWA CENTRAL & EASTERN Passed, approved and adopted this 20 day of RAILROAD FOR THE INSTALLATION OF A October, 2003. TH FIVE-INCH FIBER OPTIC CONDUIT AT 17 Terrance M. Duggan, Mayor AND ELM STREET Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, the City of Dubuque is proposing to Buol moved adoption of the Resolution. th install a five-inch optic conduit at 17 and Elm Seconded by Nicholson. Motion carried 7-0. Street for the future Operations & Maintenance facility at Kerper Court; and Agreement with Hillcrest Family Services: City Whereas, the Iowa Central & Eastern Railroad Manager recommending approval of an (IC&E) has prepared an agreement outlining the agreement with Hillcrest Family Services for use st terms under which the five-inch fiber optic of Murphy Park from November 1 through th conduit would be installed underneath the track January 4 to set up a holiday light display, th at 17 and Elm Street. presented and read. Buol moved that the NOW THEREFORE, BE IT RESOLVED BY communication be received and filed and THE CITY COUNCIL OF THE CITY OF approved recommendation. Seconded by DUBUQUE, IOWA: Nicholson. Motion carried 7-0. Section 1. That the City Council hereby approves the Iowa Central & Eastern Railroad Business License Refund: Request of Kwik (IC&E) agreement for the installation of a five-Trip, Inc. for a refund of the cigarette license for nd inch fiber optic conduit underneath the track at the Tobacco Outlet Plus at 66 West 32 Street th 17 and Elm Street. and Eagle Food Center at 1800 Elm Street, Section 2. That the Mayor be authorized and presented and read. Buol moved that the directed to execute two copies of the agreement. communications be received and filed and Regular Session, October 20, 2003 333 approved refunds. Seconded by Nicholson. Whereas, IIW Engineers & Surveyors, PC has Motion carried 7-0. prepared and submitted to the City Council a plat showing the subdivision of Lot 11 of Medical Business Licenses: Associates No. 2 and resubdivided into Medical Associates Subdivision No. 3 creating Lots 1, 2, RESOLUTION NO. 400-03 and 3 of Medical Associates Subdivision No. 3 in Whereas, applications for Liquor Licenses the City of Dubuque, Iowa; and have been submitted to this Council for approval Whereas, the City Council of the City of and the same have been examined and Dubuque, Iowa has determined that Lots 1, 2, approved; and and 3 of Medical Associates Subdivision No. 3 Whereas, the premises to be occupied by such are no longer required for public use, and sale of applicants were inspected and found to comply said lots known as Lots 1, 2, and 3 of Medical with the State Laws and all City Ordinances Associates Subdivision No. 3 in the City of relevant thereto and they have filed proper Dubuque, Dubuque County, Iowa should be bonds. approved. NOW, THEREFORE, BE IT RESOLVED BY NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: DUBUQUE, IOWA: That the Manager be authorized to cause to be Section 1. That the City of Dubuque intends to issued the following named applicants a Liquor dispose of its interest in Lots 1, 2, and 3 of License. Medical Associates Subdivision No. 3 in the City CLASS “C” BEER/LIQUOR LICENSE of Dubuque, Iowa. DAMA Corp Rainbow Lounge+ Section 2. That the conveyance of Lots 1, 2, th (Sunday Sale) 36 W. 4 St and 3 of Medical Associates Subdivision No. 3 in Europa Haus, Inc Europa Haus & Bierstube the City of Dubuque, Iowa to Oak Park Place of 1301 Rhomberg Dubuque, LLC, be contingent upon the payment Carolyn Fonck Channel Inn of surveying, platting, title search, publication 2010 ½ Kerper and filing fees. Carlos O’Kelly’s Inc. Carlos O’Kelly’s+ Section 3. That the City Clerk be and is hereby (Sunday Sale) 1355 Associates authorized and directed to cause a notice of SPECIAL CLASS “C” LIQUOR LICENSE intent to dispose of said real estate to be Carroll’s Wine Company Grape Harbor+ published in the manner as prescribed by law. th (Sunday/Outdoor Sale) 123 Main St Passed, approved and adopted this 20 day of th Passed, approved and adopted this 20 day of October, 2003. October 2003. Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and Buol moved adoption of the Resolution. set this for public hearing on 11/3/03 at a Seconded by Nicholson. Motion carried 7-0. meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish ITEMS TO BE SET FOR PUBLIC HEARING notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Sale of City Property – Medical Associates Subdivision: City Manager recommending that a 2003 Local Law Enforcement Block Grant public hearing be set for November 3, 2003 to Funds: City Manager recommending that a consider a request from Oak Park Place of public hearing be set for November 3, 2003 Dubuque, LLC, the developer of Lot 10 of regarding the 2003 Local Law Enforcement Medical Associates Subdivision, to purchase Block Grant award, presented and read. Cline Lots 1, 2 and 3 of Medical Associates moved that this be received and filed and that Subdivision, presented and read. Cline moved this be set for a public hearing on 11/3/03 at a that the communication be received and filed. meeting to commence at 6:30 P.M. in the public Seconded by Nicholson. Motion carried 7-0. library auditorium and that the City Clerk publish notice in the manner prescribed by law. RESOLUTION NO. 401-03 Seconded by Nicholson. Motion carried 7-0. RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOTS 1, 2, AND 3 OF Ice Harbor Pump Auxiliary Power Project: City MEDICAL ASSOCIATES SUBDIVISION NO. 3 Manager recommending initiation of the bidding IN THE CITY OF DUBUQUE, IOWA process for the Ice Harbor Pump Auxiliary Whereas, Oak Park Place of Dubuque, LLC, has Power Project and setting a public hearing for requested the vacating of Lots 1, 2, and 3 of December 1, 2003, presented and read. Cline Medical Associates Subdivision No. 3 in the City moved that the communication be received and of Dubuque, Iowa; and 334 Regular Session, October 20, 2003 filed. Seconded by Nicholson. Motion carried 7- That the Ice Harbor Pump Auxiliary Power 0. Project is hereby ordered to be advertised for RESOLUTION NO. 402-03 bids for construction. PRELIMINARY APPROVAL OF BE IT FURTHER RESOLVED, that the amount PLANS AND SPECIFICATIONS of the security to accompany each bid shall be in NOW THEREFORE, BE IT RESOLVED BY an amount which shall conform to the provisions THE CITY COUNCIL OF THE CITY OF of the notice to bidders hereby approved as a DUBUQUE, IOWA: part of the plans and specifications heretofore That the proposed plans, specifications, form adopted. of contract and estimated cost for the Ice Harbor That the City Clerk is hereby directed to Pump Auxiliary Power Project in the estimated advertise for bids for the construction of the amount of $82,032.00, are hereby approved and improvements herein provided, to be published ordered filed in the office of the City Clerk for in a newspaper having general circulation in the public inspection. City of Dubuque, Iowa, which notice shall not be th Passed, adopted and approved this 20 day of less than four days nor more than twenty days October, 2003. prior to the receipt of said bids at 2:00 p.m. on Terrance M. Duggan, Mayor the 12th day of November, 2003. Bids shall be Attest: Jeanne F. Schneider, City Clerk opened and read by the City Clerk at said time Cline moved adoption of the Resolution. and will be submitted to the Council for final st Seconded by Nicholson. Motion carried 7-0. action at 6:30 p.m. on the 1 day of December, 2003. th RESOLUTION NO. 403-03 Passed, adopted and approved this 20 day of FIXING DATE OF THE HEARING October, 2003. ON PLANS AND SPECIFICATIONS Terrance M. Duggan, Mayor Whereas, the City Council of the City of Attest: Jeanne F. Schneider, City Clerk Dubuque, Iowa has given its preliminary Cline moved adoption of the Resolution. approval on the proposed plans, specifications, Seconded by Nicholson. Motion carried 7-0. and form of contract and placed same on file in the office of the City Clerk for public inspection County Farm Interceptor Sewer Extension of the Ice Harbor Pump Auxiliary Power Project. Project: City Manager recommending that a NOW THEREFORE BE IT RESOLVED BY public hearing be held on November 17, 2003 to THE CITY COUNCIL OF THE CITY OF consider establishing the County Farm DUBUQUE, IOWA: interceptor sewer connection fee at $500 per st That on the 1 of December, 2003, a public acre, presented and read. Cline moved that the hearing will be held at 6:30 p.m. in the Public communication be received and filed. Seconded Library Auditorium at which time interested by Nicholson. Motion carried 7-0. persons may appear and be heard for or against RESOLUTION NO. 405-03 the proposed plans and specifications, form of RESOLUTION PROVIDING FOR NOTICE OF contract and cost of said improvement, and the THE DATE, TIME AND PLACE OF A PUBLIC City Clerk be and is hereby directed to cause a HEARING ON AN ORDINANCE ESTAB- notice of time and place of such hearing to be LISHING A CONNECTION FEE FOR THE published in a newspaper having general COUNTY FARM SANITARY INTERCEPTOR circulation in the City of Dubuque, Iowa, which SEWER notice shall be not less than four days nor more than twenty days prior to the day fixed for its Whereas, the City Council of the City of consideration. At the hearing, any interested Dubuque, Iowa, proposes to establish, by person may appear and file objections to the Ordinance after notice of a public hearing, the proposed plans, specifications, contract, or schedule of connection fees for the County Farm estimated cost of the improvement. Sanitary Interceptor Sewer; and th Passed, adopted and approved this 20 day of Whereas, Iowa Code Section 384.38(3) October, 2003 requires notice and a public hearing on such Terrance M. Duggan, Mayor Ordinance; and Attest: Jeanne F. Schneider, City Clerk NOW, THEREFORE, BE IT RESOLVED BY Cline moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF Seconded by Nicholson. Motion carried 7-0. DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized RESOLUTION NO. 404-03 and directed to publish notice of the date, time, ORDERING BIDS and place of the hearing on said proposed NOW THEREFORE, BE IT RESOLVED BY Ordinance, which hearing shall be on November THE COUNCIL OF THE CITY OF DUBUQUE, 17, 2003, at 6:30 p.m., in the Public Library th IOWA: Auditorium, 360 11 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 and Matthew Lundh spoke requesting manner provided by Section 362.3, the first consideration for appointment. publication of which shall not be less than ten PUBLIC HEARINGS (10) days before the date of the hearing. Section 2. The notice shall be in substantially the following form: Buol moved to suspend the rules to allow Notice to Property Owners anyone present to speak. Seconded by Notice is given that there is now on file for Connors. Motion carried 7-0. public inspection in the office of the City Clerk of the City of Dubuque, City Hall, Dubuque, Iowa, a Mayor Duggan turned control of the meeting to proposed Ordinance establishing the County Mayor Pro-Tem Cline due to possible conflict of Farm Sanitary Interceptor Sewer connection interest. fees. Grandview Avenue United Methodist Church: The City Council will meet at 6:30 p.m. on Proof of publication on notice of hearing to November 17, 2003, at the Public Library consider rezoning property located at 419 and th Auditorium, 360 West 11 Street, in the City of 485 North Grandview/1755 Bennett Street/1730 Dubuque, Iowa, at which time the owners of Grace Street from R-1 Single-Family Residential property subject to connection fees for the District to C-2 Neighborhood Shopping Center County Farm Sanitary Interceptor Sewer Project District at the request of the Grandview Avenue or any other person having an interest in the United Methodist Church/Ambrose and LaVerne matter may appear and be heard for or against Klein/Shane Klaas/Robert and Naoko the establishment of the District, or the schedule Crippes/Richard Hartig and Zoning Advisory of connection fees. A person subject to such Commission recommending approval; commu- connection fees will be deemed to have waived nications in support of the rezoning and all objections unless at the time of hearing, the communications in opposition to the rezoning (in person has filed objections with the City Clerk. excess of 20 percent), presented and read. Section 3. Not less than fifteen (15) days An Ordinance Amending Appendix A (the before the hearing, the City Clerk shall also send Zoning Ordinance) of the City of Dubuque Code a copy of the notice by mail to each property of Ordinances by reclassifying hereinafter owner whose property will be served by described property located at 419 North connection to said City sewer and be subject to Grandview Avenue, 485 North Grandview the connection fees at the address as shown by Avenue, 1755 Bennett Street and 1730 Grace the records of the County Auditor. Street from R-1 Single-Family Residential th Passed, approved and adopted this 20 day of District to C-2 Neighborhood Shopping Center October, 2003. District, presented and read. Terrance M. Duggan, Mayor Dick Hartig, as CEO of Hartig Drug, spoke Attest: Jeanne F. Schneider, CMC, City Clerk explaining the scope of the project, requesting Buol moved adoption of the Resolution and the rezoning to allow a drug store, coffee shop, setting the public hearing for 11/17/03 at a and pharmacy, and clarified that it was the four meeting to commence at 6:30 P.M. in the public owners of the properties requesting the library auditorium and that the City Clerk publish rezoning. notice in the manner prescribed by law. Ken Johnson, Straka Johnson Architects, Seconded by Nicholson. Motion carried 7-0. reviewed the plans for the proposed development. BOARDS/COMMISSIONS Rev. James Dotson, Pastor of the Grand View United Methodist Church, spoke about his Applicants are invited to address the Council church membership’s difficult decision to build a regarding their desire to serve on the following new and larger facility over 6 years ago and at Boards/Commissions: that time letting it be known that the Church Environmental Stewardship Advisory building on N. Grandview was for sale. Other Commission (One youth member for a one-year than Mr. Hartig’s present offer there had been term and two 3-year terms through 10/1/06): no other viable offers in that time and he Applicants: Stephanie Beecher (Youth); Andrea requested the rezoning for Mr. Hartig. Bixler, Joseph D. Suarez. Mr. Suarez spoke Speaking in favor of the proposed rezoning requesting consideration for appointment to this were: Mac Klinger, James Bradley, Arvid Saele, Commission. Jane Ward, Kathryn Dean, Larry Burgess, John Historic Preservation Commission:(One Dean, Jack Borchers, Vern Sigwarth, unexpired term through 7/1/05 for Old Main Speaking in opposition to the proposed District; two 3-year terms through 7/1/06 for At-rezoning were: Tammy Pfab, Linda Heyer, Large) Applicants: James E. Gibbs (At-Large); Dave Stuart, Casey & Corey Thein, Andy Matthew Lundh (At-Large); Angella Marlatt (At-Rettenmeier, Linda LaSoya, Tom Welu, Jackie Large); David C. Stuart (At-Large) David Stuart Welter, Julie Schwendinger, Chuck Lehman, 336 Regular Session, October 20, 2003 Kathy Lehman, Chris Johnson, Teri Link, Beth Ordinances is hereby amended by reclassifying Gilbreath, Tina Nauman, Robert Crippes, the hereinafter-described property from R-3 Cynthia Kraus, Frank Belcastro, Sharon Moderate Density Multi-Family Residential Johnson, Angie Harter, Joan Belcastro. District to C-2 Neighborhood Commercial District Mr. Hartig responded to some of the specific to wit: concerns of the individuals objecting to the W 170’ of Lot 319 of Davis Farm Addition and W proposed rezoning. 170’ of Lot 318 of Davis Farm Addition, and to Markham moved that the requirement that a the centerline of the adjoining public right-of- proposed Ordinance be considered and voted way, all in the City of Dubuque, Iowa. on for passage at two Council Meetings prior to Section 2. The foregoing amendment has the meeting at which it is to be finally passed be heretofore been reviewed by the Zoning suspended and further moved final Advisory Commission of the City of Dubuque, consideration and passage of the Ordinance. Iowa. Seconded by Nicholson. Motion failed due to Section 3. This Ordinance shall take effect the following vote: Yeas—Connors, Markham, immediately upon publication, as provided by Nicholson. Nays—Buol, Cline, Michalski. law. th Council thanked all the citizens who expressed Passed, approved and adopted this 20 day of their opinions in an orderly manner. October, 2003. /s/Terrance M. Duggan, Mayor At 9:45 PM Council recessed briefly. Attest: /s/Jeanne F. Schneider, CMC, City Clerk At 9:55 PM Council reconvened. Published officially in the Telegraph Herald th Newspaper the 24 day of October, 2003. Mayor Duggan returned and took control of the /s/Jeanne F. Schneider, CMC, City Clerk meeting. 1t 10/24 Buol moved that the requirement that a John Kretz/Perfection Oil Company: Proof of proposed Ordinance be considered and voted publication on notice of hearing to consider on for passage at two Council Meetings prior to rezoning property located at 3136/3146 Central the meeting at which it is to be finally passed be Avenue from R-3 Moderate Density Multi-Family suspended and further moved final Residential District to C-2 Neighborhood consideration and passage of the Ordinance. Shopping Center District at the request of John Seconded by Connors. Motion carried 7-0. Kretz/Perfection Oil Company and Zoning Advisory Commission recommending approval, Joel Callahan – Seippel Road North of the presented and read. Buol moved that the proof Dubuque Industrial Center West: Proof of and communications be received and filed. publication on notice of hearing to consider Seconded by Connors. Motion carried 7-0. rezoning property located west of Seippel Road, Attorney Brian Kane, 2100 Asbury Rd., north of the Dubuque Industrial Center West, representing John Kretz and Perfection Oil, from County R-2 Single-Family Residential explained specifics of the requested rezoning. District to City CS Commercial Service and Council expressed concern about traffic exiting Wholesale District and LI Light Industrial District, nd on W. 32 St. in conjunction with annexation, at the request of An Ordinance amending Appendix A (the Joel Callahan and Zoning Advisory Commission Zoning Ordinance) of the City of Dubuque Code recommending approval, presented and read. of Ordinances by reclassifying hereinafter Buol moved that the proof and communications described property located at 3136/3146 Central be received and filed. Seconded by Markham. Avenue from R-3 Moderate Density Multi-Family Motion carried 7-0. Residential District to C-2 Neighborhood Joel Callahan spoke explaining the specifics of Commercial District, presented and read. the requested rezoning. An Ordinance amending Appendix A (the OFFICIAL PUBLICATION Zoning Ordinance) of the City of Dubuque Code ORDINANCE NO. 78-03 of Ordinances by reclassifying hereinafter AN ORDINANCE AMENDING APPENDIX A described property located along the west side (THE ZONING ORDINANCE) OF THE CITY OF of Seippel Road from Dubuque County R-2 DUBUQUE CODE OF ORDINANCES BY Single-Family Residential District to City of RECLASSIFYING HEREINAFTER DESCRI- Dubuque CS Commercial Service and BED PROPERTY LOCATED AT 3136/3146 Wholesale District and LI Light Industrial District, CENTRAL AVENUE FROM R-3 MODERATE with conditions, concurrent with annexation, DENSITY MULTI-FAMILY RESIDENTIAL presented and read. DISTRICT TO C-2 NEIGHBORHOOD COMMERCIAL DISTRICT.OFFICIAL PUBLICATION ORDINANCE NO. 79-03 Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Regular Session, October 20, 2003 337 AN ORDINANCE AMENDING APPENDIX A undersigned property owners, agree to the (THE ZONING ORDINANCE) OF THE CITY OF following conditions, all of which the property DUBUQUE CODE OF ORDINANCES BY owner further agrees are reasonable and are RECLASSIFYING HEREINAFTER DESCRI- imposed to satisfy public needs which are BED PROPERTY LOCATED ALONG THE caused directly by the rezoning: WEST SIDE OF SEIPPEL ROAD FROM A) Conditions: DUBUQUE COUNTY R-2 SINGLE-FAMILY 1) That a setback of 40 feet shall be required RESIDENTIAL DISTRICT TO CITY OF from the south right-of-way line of Middle Road DUBUQUE CS COMMERCIAL SERVICE AND for a distance of 660 feet west of the southwest WHOLESALE DISTRICTAND LI LIGHT corner of Middle Road and Seippel Road INDUSTRIAL DISTRICT, CONCURRENT WITH intersection. ANNEXATION. B) Reclassification of the Subject Property. The Whereas, Joel Callahan, property owner, have City of Dubuque, Iowa may initiate zoning requested rezoning concurrent with annexation reclassification proceedings to the District (which to the City of Dubuque in accordance with rezoning will include the removal of the Section 2-3 of Appendix A (Zoning Ordinance) of performance standards in Section A above) if the City of Dubuque Code of Ordinances; and the property owner fails to complete any of the Whereas, this request has been found to be conditions or provisions of this Agreement. consistent with the Comprehensive Plan and the C) Modifications. Any modifications of this Future Land Use Map of the Comprehensive Agreement shall be considered a zoning Plan. reclassification and shall be subject to the NOW, THEREFORE, BE IT ORDAINED BY provisions of the Zoning Ordinance governing THE CITY COUNCIL OF THE CITY OF zoning reclassifications. All such modifications DUBUQUE, IOWA: must be approved by the City Council of Section 1. That Appendix A (The Zoning Dubuque, Iowa. Ordinance) of the City of Dubuque Code of D) Recording. A copy of this Agreement shall Ordinances is hereby amended by reclassifying be recorded with the Dubuque County Recorder the hereinafter-described property from as a permanent record of the conditions Dubuque County R-2 Single-Family Residential accepted as part of this rezoning approval within District to City of Dubuque CS Commercial ten (10) days of the adoption of Ordinance No. Service and Wholesale District and LI Light 79-03. Industrial District, to wit: E) Construction. This Agreement shall be The NE ¼ of the NE ¼, Lot 1 of the SE ¼ of the construed and interpreted as though it were part NE ¼ and Lot 2 of the SE ¼ of the NE ¼ in of Appendix A of the Code of Ordinances of the th Section 25, T89N, R1E of the 5 P.M., and to City of Dubuque, also known as the Zoning the centerline of the adjoining public right-of-Ordinance of the City of Dubuque, Iowa. way, all in the City of Dubuque, Iowa. F) This Agreement shall be binding upon the Section 2. The foregoing amendment has undersigned and his/her heirs, successor and heretofore been reviewed by the Zoning assignees. Advisory Commission of the City of Dubuque, ACCEPTANCE OF ORDINANCE NO. 79-03 Iowa. I, Joel Callahan, representing Callahan Section 3. This ordinance shall take effect Construction, Inc., having read the terms and immediately upon publication, as provided by conditions of the Ordinance No. 79-03 and being law, and at such time that the herein described familiar with the conditions thereof, hereby property is legally annexed into the City of accept this same and agree to the conditions Dubuque, Iowa. required therein. thth Passed, approved and adopted this 20 day of Dated in Dubuque, Iowa this 20 day of October, 2003. October, 2003. Terrance M. Duggan, Mayor /s/ Joel Callahan Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald th MEMORANDUM OF AGREEMENT Newspaper the 24 day of October, 2003. Pursuant to the Iowa Code Section 414.5 /s/Jeanne F. Schneider, CMC, City Clerk (2001), and as an express condition of rezoning 1t 10/24 of the property described as: Buol moved that the requirement that a The NE ¼ of the NE ¼, Lot 1 of the SE ¼ of the proposed Ordinance be considered and voted NE ¼ and Lot 2 of the SE ¼ of the NE ¼ in on for passage at two Council Meetings prior to th Section 25, T89N, R1E of the 5 P.M.,, and to the meeting at which it is to be finally passed be the center line of the adjoining public right-of-suspended and further moved final way, all in the City of Dubuque, Iowa consideration and passage of the Ordinance. which is the subject of Ordinance No. 79-03, a Seconded by Markham. Motion carried 7-0. copy of which is attached hereto and incorporated herein by reference, the 338 Regular Session, October 20, 2003 The Cafaro Company – Request to Amend The following regulations shall apply to all land Planned Unit Development District: Proof of uses in the above-described PUD District: publication on notice to hearing to consider a 1) All permitted, conditional, accessory and request from The Cafaro Company for property temporary uses allowed in the C-3 General located at 555 John F. Kennedy Road to amend Commercial District as established in Section 3- the Planned Unit Development with a PC 3.3 of the Zoning Ordinance Planned Commercial District to require one B) Lot and Bulk Regulations parking space for every 250 square feet of GLA Development of land in the PUD District shall (gross leasable area) to allow for an additional be as follows: 82,000 square feet of new GLA and amend the 1) The existing GLA (gross leasable area) of sign regulations for Kennedy Mall and Zoning the Kennedy Mall is 586,570 square feet, which Advisory Commission recommending approval, includes tenant storage areas and other areas presented and read. Buol moved that the proof not accessible to the general public. A and communication be received and filed. maximum expansion of 82,000 square feet of Seconded by Michalski. Motion carried 7-0. GLA is allowed. Future expansion(s) may David DeChristofaro, The Cafaro Company, include all or a portion of the allowed 82,000 explained the specifics of the request. GLA and may take the form of an addition(s) to An Ordinance amending Appendix A (the the Mall building itself and/or as a new out lot Zoning Ordinance) of the City of Dubuque Code building. of Ordinances for the hereinafter described 2) All buildings and structures shall be property located at 555 John F. Kennedy Road regulated as follows: and adopting a new Conceptual Development a) Maximum building height shall be 50 feet, Plan and Ordinance for the Kennedy Mall PUD except the following may exceed the height Planned Unit Development, presented and read. limit: ornamental towers, domes, spires, elevator bulkheads, HVAC equipment and OFFICIAL PUBLICATION other necessary mechanical equipment and ORDINANCE NO. 80-03 their protective housings. AN ORDINANCE AMENDING APPENDIX A 3) All final site development plans shall be (THE ZONING ORDINANCE) OF THE CITY OF approved in accordance with the provisions of DUBUQUE CODE OF ORDINANCES FOR THE the PUD District regulations of this ordinance HEREINAFTER DESCRIBED PROPERTY and Section 3-5.5 of the Zoning Ordinance. LOCATED AT 555 JOHN F KENNEDY ROAD C) Performance Standards AND ADOPTING A NEW CONCEPTUAL The development and maintenance of uses in DEVELOPMENT PLAN AND ORDINANCE this PUD District shall be established in FOR THE KENNEDY MALL PUD PLANNED conformance with Section 3-5.5 of the Zoning UNIT DEVELOPMENT. Ordinance and the following standards: NOW, THEREFORE, BE IT ORDAINED BY 1) The parking requirement for in the THE CITY COUNCIL OF THE CITY OF Kennedy Mall PUD District shall be one space DUBUQUE, IOWA: per 250 square feet of gross leasable area Section 1. That Appendix A (the Zoning accessible to the general public. Ordinance) of the City of Dubuque Code of 2) A minimum of 2,675 parking spaces shall Ordinances is hereby amended by adopting a be provided at the Kennedy Mall after new conceptual development plan, a copy of construction of the maximum expansion(s) of which is attached to and made a part hereof, 82,000 square feet. and Planned Unit Development Ordinance for 3) Adequate illumination shall be provided to the Kennedy Mall, with conditions as stated areas used for vehicle and pedestrian below, to wit: circulation. New outdoor light fixtures shall be of Lot 1 of Lot 2 of Lot 2 of Clinque, Inc. Addition, a cut-off design and utilize a minimum of a 90- and Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of degree cut-off luminaire. Hawkeye Stock Farm, and to the centerline of 4) Final site development plans shall be the adjoining public right-of-way, all in the City of submitted in accordance with Section 4-4 of the Dubuque, Iowa. Zoning Ordinance of the City of Dubuque, Iowa, Section 2. Pursuant to Iowa Code Section prior to construction of any buildings. 414.5 (2001), and as an express condition of the D) Sign Regulations. reclassification, the undersigned property owner Signs in the PUD District shall be regulated as agrees to the following conditions, all of which follows: the property owner further agrees are 1) The provisions of the C-3 General reasonable and imposed to satisfy the public Commercial District sign regulations (Section 4- needs that are caused directly by the zoning 3.11) of the Zoning Ordinance shall apply unless reclassification: further regulated by this section. A) Use Regulations 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) suspended and further moved final and a maximum height of 50 feet. consideration and passage of the Ordinance. 2) Variance requests from sign requirements Seconded by Michalski. Motion carried 7-0. for size, number and height shall be reviewed by the Zoning Board of Adjustment in accordance Tunnel Easement Agreement – Dubuque Bank with Section 5-3 of the Zoning Ordinance. and Trust: Proof of publication on notice of 3) Lighting: Signs may be illuminated only by hearing to consider a tunnel easement means of indirect lighting whereby all light agreement with Dubuque Bank and Trust for sources and devices are shielded from view by construction of a tunnel to connect two buildings opaque or translucent materials, or internally on the east and west side of Central Avenue thth illuminated by means of a light source between 13 and 14 Streets and City Manager completely enclosed by the sign panel. recommending approval, presented and read. 4) Motion: No signs may include any device Cline moved that the proof and communication or means, mechanical, electrical or natural, be received and filed. Seconded by Connors. which shall cause motion of the sign panel or Motion carried 7-0. any part thereof. No flashing lights or changing RESOLUTION NO. 406-03 colors shall be allowed. Message center signs DISPOSING OF AN INTEREST IN REAL are exempt from this provision. PROPERTY BY EASEMENT TO DUBUQUE E) Previous Conceptual Plans BANK & TRUST 1) That all previously approved conceptual development plans are hereby amended and Whereas, the City of Dubuque, Iowa (City) is that the attached conceptual plan shall the owner of the following described real hereinafter regulate the Kennedy Mall Planned property: Unit Development District. All of City Lot 449; all of City Lot 444; all of City F) Transfer of Ownership Lot 444C, in the Southeast ¼ of Section 24, th Transfer of ownership or lease of property in Township 89 North, Range 2 East of the 5 this PUD District shall include in the transfer or P.M., in the City of Dubuque, Iowa, according to lease agreement a provision that the purchaser the recorded plats thereof, subject to easements or lessee acknowledges awareness of the and restrictions of record conditions authorizing the establishment of the Whereas, Dubuque Bank & Trust now desires PUD District. to obtain an easement through, under, and G) Modifications. across a portion of said property for the purpose Any modifications of this Ordinance must be of constructing, using, maintaining, repairing and approved by the City Council in accordance with reconstructing an enclosed, underground zoning reclassification proceedings of Section 6 passageway within such easement area, for of the Zoning Ordinance. passage between properties now owned by Section 3. The foregoing amendment has Dubuque Bank & Trust; and th heretofore been reviewed by the Zoning Whereas, on 14 day of October, 2003, the Commission of the City of Dubuque, Iowa. City Council pursuant to notice published as Section 4. The foregoing amendment shall required by law held a public hearing on its take effect upon publication, as provided by law. intent to dispose of the foregoing interest in real th Passed, approved and adopted this 20 day of property and overruled all objections thereto; October, 2003. and /s/Terrance M. Duggan, Mayor Whereas, the City Council finds that it is in the Attest: /s/Jeanne F. Schneider, CMC, City Clerk best interest of the City to approve the ACCEPTANCE OF ORDINANCE NO. 80-03 disposition of such real property. I, Anthony Cafaro, Sr., representing the Cafaro NOW THEREFORE, BE IT RESOLVED BY Company, property owners, having read the THE CITY COUNCIL OF THE CITY OF terms and conditions of the foregoing Ordinance DUBUQUE, IOWA: No. 80-03 and being familiar with the conditions Section 1. The City Council of the City of thereof, hereby accept the same and agree to Dubuque, Iowa, approves the Tunnel Easement the conditions required therein. Agreement attached hereto for the purchase th Dated this 16 day of October, 2003. price of one dollar ($1.00), plus platting, /s/ Anthony Cafaro, Sr. publication and filing fees and the Mayor is Published officially in the Telegraph Herald hereby authorized and directed to sign this th Newspaper the 24 day of October, 2003. resolution and the Tunnel Easement Agreement. Jeanne F. Schneider, CMC, City Clerk Section 2. That the conveyance of said Tunnel 1t 10/24 Easement Agreement be contingent upon Buol moved that the requirement that a Dubuque Bank & Trust th proposed Ordinance be considered and voted Passed, approved and adopted this 20 day of on for passage at two Council Meetings prior to October, 2003. the meeting at which it is to be finally passed be Terrance M. Duggan, Mayor 340 Regular Session, October 20, 2003 Attest: Jeanne F. Schneider, CMC, City Clerk copy of this resolution in the offices of the City Cline moved adoption of the Resolution. Assessor, Dubuque County Recorder and Seconded by Connors. Motion carried 7-0. Dubuque County Auditor. th Passed, approved and adopted this 20 day of Vacating Petition – John F. Kennedy Road October, 2003. Easement: Proof of publication on notice of Terrance M. Duggan, Mayor hearing to consider disposing of City interest Attest: Jeanne F. Schneider, CMC, City Clerk and vacating a portion of the John F. Kennedy Buol moved adoption of the Resolution. roadway and utility easement to Grand View Seconded by Cline. Motion carried 7-0. United Methodist Church and City Manager recommending approval, presented and read. General Obligation Capital Loan Notes: Proof Buol moved that the proof and communication of publication on notice of hearing to consider be received and filed. Seconded by Cline. the issuance of not to exceed $500,000 General Motion carried 7-0. Obligation Capital Loan Notes to support the Adams Company expansion project at the RESOLUTION NO. 407-03 Dubuque Industrial Center West and City RESOLUTION DISPOSING OF INTEREST Manager recommending approval, presented AND VACATE A PORTION OF THE JOHN F. and read. Cline moved that the proof and KENNEDY ROADWAY AND UTILITY communication be received and filed. EASEMENTOVER LOT 1 AND LOT 2 OF Seconded by Connors. Motion carried 7-0. BARTON RANDLE ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA RESOLUTION NO. 408-03 Whereas, pursuant to resolution and published RESOLUTION INSTITUTING PROCEEDINGS notice of time and place of hearing, published in TO TAKE ADDITIONAL ACTION FOR THE the Telegraph Herald, a newspaper of general AUTHORIZATION OF A LOAN AGREEMENT circulation published in the City of Dubuque, AND THE ISSUANCE OF NOT TO EXCEED th Iowa on this 10 day of October, 2003, the City $500,000 GENERAL OBLIGATION CAPITAL Council of the City of Dubuque, Iowa met on the LOAN NOTES th 20 day of October, 2003, at 6:30 p.m. in the WHEREAS, pursuant to notice published as Public Library Auditorium, 360 West 11 Street, required by law, this Council has held a public Dubuque, Dubuque County, Iowa to consider meeting and hearing upon the proposal to the proposal for the release of real estate institute proceedings for the authorization of a described as: Loan Agreement and the issuance of not to A Portion of the John F. Kennedy Roadway exceed $500,000 General Obligation Capital and Utility Easement on Lot 1 and Lot 2 of Loan Notes, for the purpose of paying costs of Barton Randle Addition in the City of Dubuque, aiding in the planning, undertaking and carrying Dubuque County, Iowa, as shown on the out of urban renewal project activities under the Attached Exhibit A authority of Chapter 403 of the Iowa Code and Whereas, the City Council of the City of the Amended and Restated Urban Renewal Dubuque, Iowa overruled any and all objections, Plan for the Dubuque Industrial Center oral or written to the proposal to dispose of Economic Development District, including those interest of the City of Dubuque, Iowa, in the costs associated with the funding of an hereinabove described real estate. economic development grant to the Adams NOW, THEREFORE, BE IT RESOLVED BY Company under the Development Agreement THE CITY COUNCIL OF THE CITY OF dated May 19, 2003 between the City and said DUBUQUE, IOWA: developer, and no petition was filed calling for a Section 1. That the disposal of the interest of referendum thereon and the Council has the City of Dubuque, Dubuque County, Iowa, in considered the extent of objections received real property described as A Portion of the John from residents or property owners as to said F. Kennedy Roadway and Utility Easement on proposal and, accordingly the following action is Lot 1 and Lot 2 of Barton Randle Addition in the now considered to be in the best interests of the City of Dubuque, Iowa as shown on Exhibit A be City and residents thereof: and the same is hereby approved for the cost of NOW, THEREFORE, BE IT RESOLVED BY publication and filing fees. THE CITY COUNCIL OF THE CITY OF Section 2. That the Mayor be authorized and DUBUQUE, IOWA: directed to execute a Release of Easement, and Section 1. That this Council does hereby the City Clerk be and is hereby authorized and institute proceedings and take additional action directed to deliver said Release to Grand View for the authorization of a Loan Agreement and United Methodist Church upon receipt of the issuance in the manner required by law of not to above fees. exceed $500,000 General Obligation Capital Section 3. That the City Clerk be and is hereby authorized and directed to record a certified Regular Session, October 20, 2003 341 RESOLUTION NO. 410-03 Loan Notes, to evidence the obligation thereof AWARD OF CONTRACT for the foregoing purpose. Section 2. The Clerk and Finance Officer are WHEREAS, the Eagle Point Water Plant authorized and directed to proceed on behalf of Chemical Compound Building Project has been the City with the negotiation of terms of a Loan budgeted and Agreement and the issuance of General WHEREAS, Kluck Construction Company of Obligation Capital Loan Notes, evidencing the Dubuque, Iowa has submitted to the City an City's obligations to a principal amount of not to agreement to conduct construction services of exceed $500,000, to select a date for the final this improvement in the amount of $35,848.36. approval thereof, to cause to be prepared such WHEREAS, Funds have been legally notice and sale information as may appear appropriated for this expenditure. appropriate, to publish and distribute the same NOW THEEFORE, BE IT RESOLVED BY on behalf of the City and this Council and THE CITY COUNCIL OF THE CITY OF otherwise to take all action necessary to permit DUBUQUE, IOWA: the completion of a loan on a basis favorable to Section 1. That the City Manager be the City and acceptable to the Council. authorized to execute the agreement for th Passed, approved and adopted this 20day of construction services with Kluck Construction October, 2003. Company of Dubuque, Iowa dated October 9, Terrance M. Duggan, Mayor 2003 for the renovation of the Chemical Attest: Jeanne F. Schneider, City Clerk Compound Wall and Roof Replacement Project Cline moved adoption of the Resolution. at the Eagle Point Water Plant. th Seconded by Connors. Motion carried 7-0. Passed, adopted and approved this 20 day of October 2003. Eagle Point Water Plant Chemical Compound Terrance M. Duggan, Mayor and Roof Addition Project: Proofs of publication Attest: Jeanne F. Schneider, City Clerk on notice of hearing on plans and specifications Markham moved adoption of the Resolution. and notice to bidders on the receipt of bids, and Seconded by Cline. Motion carried 7-0. City Manager recommending award of the contract for the Eagle Point Water Plant Eagle Point Water Plant ADA Renovation Chemical Compound and Roof Addition Project Project: Proofs of publication on notice of to Kluck Construction Company, presented and hearing on plans and specifications and notice read. Markham moved that the proof and to bidders on the receipt of bids, and City communication be received and filed. Manager recommending rejection of the bids Seconded by Cline. Motion carried 7-0. received for the Eagle Point Water Plant ADA Renovation Project, presented and read. Cline RESOLUTION NO. 409-03 moved that the proof and communication be RESOLUTION ADOPTING received and filed and recommendation PLANS AND SPECIFICATIONS approved. Seconded by Michalski. Motion th WHEREAS, on the 15 day of September, carried 7-0. 2003 plans, specifications, form of contract and RESOLUTION NO. 411-03 estimated cost were filed with the City Clerk of RESOLUTION RESCINDING RESOLUTION Dubuque, Iowa for the renovation of the NO. 333-03 PRELIMINARY APPROVAL OF Chemical Compound Building located at the THE PLANS AND SPECIFICATIONS FOR THE Eagle Point Water Plant at 1902 Hawthorne RENOVATION OF THE EAGLE POINT Street, Dubuque, Iowa. WATER PLANT AT 1902 HAWTHORNE WHEREAS, notice of hearing on plans, STREET, DUBUQUE IOWA, TO THE specifications, form of contract and estimated AMERICAN DISABILITY ACT STANDARDS cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY Whereas, an advertisement for bids for the THE CITY COUNCIL OF THE CITY OF renovation of the Eagle Point Water Plant at DUBUQUE, IOWA: 1902 Hawthorne Street to comply with the Section 1. The said plans, specifications, form American Disability Act Standards was of contract and estimated cost are hereby published on September 19, 2003; and approved as the plans, specifications, form of Whereas, the City Council deemed it advisable contract and estimate cost of said improvement to reject all bids received, abandon the project for said project. and re-bid the project at a later date. th Passed, adopted and approved this 20 day of NOW, THEREFORE, BE IT RESOLVED BY October 2003. THE CITY COUNCIL OF THE CITY OF Terrance M. Duggan, Mayor DUBUQUE, IOWA: Attest: Jeanne F. Schneider, City Clerk That Resolution No. 333-03, Preliminary Markham moved adoption of the Resolution. Approval of Plans and Specifications for the Seconded by Cline. Motion carried 7-0. renovation of the Eagle Point Water Plant to 342 Regular Session, October 20, 2003 American Disability Act Standards Project be that the communication be received and filed. rescinded and that said project be re-bid at a Seconded by Markham. Motion carried 7-0. later date. Passed, approved and adopted this 20 day of An Ordinance Amending the City of Dubuque October, 2003. Code of Ordinances Section 32-432 Terrance M. Duggan, Mayor Unauthorized Removal of Vehicle by adding the Attest: Jeanne F. Schneider, City Clerk requirement of payment of an administrative fee Cline moved adoption of the Resolution. to the City of Dubuque before an impounded Seconded by Michalski. Motion carried 7-0. vehicle can be removed from a facility where it is being held, presented and read. Michalski moved that the rules be reinstated OFFICIAL PUBLICATION limiting discussion to the Council. Seconded by ORDINANCE NO. 81-03 Cline. Motion carried 7-0. AMENDING THE CITY OF DUBUQUE CODE ACTION ITEMS OF ORDINANCES SECTION 32-432 UNAUTHORIZED REMOVAL OF VEHICLE BY ADDING THE REQUIREMENT OF PAYMENT Establishment of the Warehouse OF AN ADMINISTRATIVE FEE TO THE CITY Neighborhood Demolition District: OF DUBUQUE BEFORE AN IMPOUNDED Communication from the Historic Preservation VEHICLE CAN BE REMOVED FROM A Commission recommending City Council FACILITY WHERE IT IS BEING HELD approval of an amendment to the Demolition District Ordinance that would establish the NOW, THEREFORE, BE IT ORDAINED BY Warehouse Neighborhood Demolition District, THE CITY COUNCIL OF THE CITY OF and an Ordinance Amending Chapter 11 DUBUQUE, IOWA: (Building Regulations) of the City of Dubuque Section 1 Sec. 32-432. Unauthorized Removal Code of Ordinances by amending Section 11-Of Vehicle: 4(a) by creating the Warehouse Neighborhood (a) It shall be unlawful for any person to remove Demolition District, presented and read. a vehicle from the facility where it is being held Chris Wand, Chair of the Historic Preservation without the prior payment of accrued fines and Commission, spoke stating that the Historic costs for each outstanding violation, towing, Preservation Commission would review preservation and storage charges, and a City demolition requests but the City Council would administrative fee of $20 payable to the City of approve. Dubuque resulting from placing the vehicle in Darren Harmon, on behalf of Jeld-Wen, spoke custody and the costs of the notice required against the establishment of the district, citing pursuant to Section 32-431. premature action as no economic feasibility (b) The Chief of Police is authorized to study had been done. summarily reimpound any vehicle removed in Michalski moved that this item be tabled and violation of this Section. (1976 Code, § 25-392); referred back to the Historic Preservation and th Commission. Seconded by Nicholson. Motion Passed, approved and adopted this 20 day of carried 7-0. October . /s/Terrance M. Duggan, Mayor Freedom Ridge Estates – Preliminary Plat: Attest: /s/Jeanne F. Schneider, CMC, City Clerk Zoning Advisory Commission recommending Published officially in the Telegraph Herald th approval of the preliminary plat of Freedom Newspaper the 24 day of October, 2003. Ridge Estates located on the north side of /s/Jeanne F. Schneider, CMC, City Clerk Oakland Farms Road in Dubuque County as 1t 10/24 requested by John and Tina Perry, presented Buol moved that the requirement that a and read. proposed Ordinance be considered and voted Mr. Perry spoke requesting approval. on for passage at two Council Meetings prior to Markham moved that the communication be the meeting at which it is to be finally passed be received and filed and approved suspended and further moved final recommendation. Seconded by Connors. consideration and passage of the Ordinance. Motion carried 7-0. Seconded by Markham. Motion carried 7-0. Administrative Fee – Police Authorized Vehicle Purchase of Real Estate at 1911 Windsor Impoundments: City Manager recommending Avenue: City Manager recommending approval approval of an amendment to the Code of of the purchase of a single-family dwelling Ordinances to provide for a $20.00 located at 1911 Windsor Avenue, presented and administrative fee for the towing and read. Cline moved that the communication be impoundment of vehicles by the Police received and filed. Seconded by Nicholson. Department, presented and read. Buol moved Motion carried 7-0. Regular Session, October 20, 2003 343 RESOLUTION NO. 412-03 OFFICIAL PUBLICATION A RESOLUTION APPROVING THE ACQUISI-ORDINANCE NO. 82-03 TION OF REAL ESTATE LOCATED AT 1911 ORDINANCE AMENDING SECTION 32-262(d) WINDSOR AVENUE, INTHE CITY OF OF THE CODE OF ORDINANCES OF THE DUBUQUE CITY OF DUBUQUE, IOWA, PROHIBITING PARKING ON DESIGNATED STREETS OR WHEREAS,The City of Dubuque has a PORTIONS THEREOF ADDING A PORTION secured interest in a property at 1911 Windsor OF ROCKDALE ROAD AND KEY WEST Avenue;and , DRIVE WHEREASthis interest is subordinate to a first mortgage and will be otherwise lost due to a NOW THEREFORE, BE IT ORDAINED BY legal action to cause forfeiture. THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF Section 1. That the Code of Ordinances of the DUBUQUE, IOWA: City of Dubuque, Iowa, is amended by deleting Section 1. That the City of Dubuque hereby from Subsection (d) of Section 32-262 the approves the acquisition of the following legally following: described property: Rockdale Road, east side, from Marjo (Quarry) Lot 2 of the Subdivision of Lot 22 in Cook’s Road to Fox Drive. Addition, in the City of Dubuque, County of Section 2. That the Code of Ordinances of the Dubuque, Iowa, according to the recorded plat City of Dubuque, Iowa, is amended by adding to thereof. Subsection (d) of Section 32-262 the following: At the cost of Fifty-Two Thousand, Six Rockdale Road, both sides, from South Hundred Eighty Five dollars ($52,685.00) Grandview Avenue to a point one hundred Section 2. That the City of Dubuque be and is eighty feet (180’) south of Kehl Court and from hereby authorized and directed to accept a Quit Maquoketa Drive to a point six hundred feet Claim deed from the owner, conveying the (600’) south of Fox Drive. owner’s interest to the City of Dubuque, Iowa for Key West Drive, both sides, from Maquoketa the herein described real estate. Drive to the southerly City limit. th Section 3. That the City Clerk be and she is Passed, approved and adopted this 20 day of hereby authorized and directed to cause said October, 2003. Quit Claim Deed to be recorded in the office of Terrance M. Duggan, Mayor the Dubuque County Recorder, together with Attest: Jeanne F. Schneider, CMC, City Clerk certified copy of this Resolution. Published officially in the Telegraph Herald th Section 4. That the City Clerk be and she is newspaper this 24 day of October, 2003. hereby directed to forward a copy of this Jeanne F. Schneider, City Clerk Resolution to the Dubuque County Assessor 1t 10/24 and the Dubuque County Auditor. Buol moved that the requirement that a th Passed, approved and adopted this 20 day of proposed Ordinance be considered and voted October, 2003. on for passage at two Council Meetings prior to Terrance M Duggan, Mayor the meeting at which it is to be finally passed be Attest: Jeanne F. Schneider, City Clerk suspended and further moved final Cline moved adoption of the Resolution. consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Seconded by Connors. Motion carried 7-0. Key West Drive Signage / Parking: City An Ordinance amending the Code of Manager recommending that parking be Ordinances of the City of Dubuque, Iowa, by prohibited on both sides of Key West Drive from modifying Subsection (b) of Section 32-214 Maquoketa Drive to the southerly City limits and thereof providing for the addition of stop signs that the existing stop signs at this intersection be on Key West Drive and Rockdale Road, added to the City’s Code of Ordinances, presented and read. presented and read. Buol moved that the OFFICIAL PUBLICATION communication be received and filed. Seconded ORDINANCE NO. 83-03 by Connors. Motion carried 7-0. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, An Ordinance amending Section 32-262(d) of IOWA, BY MODIFYING SUBSECTION (b) OF the Code of Ordinances of the City of Dubuque, SECTION 32-214 THEREOF PROVIDING FOR Iowa, prohibiting parking on designated streets THE ADDITION OF STOP SIGNS ON KEY or portions thereof by adding a portion of WEST DRIVE AND ROCKDALE ROAD Rockdale Road and Key West Drive, presented and read. 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 Approved:__________________________2003 Rockdale Road and Maquoketa Drive and Key West Drive and Maquoketa Drive to Subsection Adopted:___________________________2003 (b) of Section 32-214 thereof as follows: “Sec. 32-214. Stop Intersections. (b) ______________________________________ * * * * Mayor Northbound Key West Drive and Maquoketa Drive ______________________________________ Southbound Rockdale Road and Maquoketa Drive ______________________________________ th Passed, approved and adopted this 20 day of . October, 2003______________________________________ Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ______________________________________ Published officially in the Telegraph Herald th newspaper this 24 day of October, 2003. ______________________________________ Jeanne F. Schneider, City Clerk 1t 10/24 ______________________________________ Buol moved that the requirement that the Council Members proposed Ordinances be considered and voted on for passage at two Council Meetings prior to Attest: the meeting at which they are to be finally passed be suspended and further moved final ______________________________________ consideration and passage of the Ordinances. City Clerk Seconded by Connors. Motion carried 7-0. At 11:15 P.M. Markham moved to go into Closed Session re: Property Acquisition – Chapter 21.5(1)(j) 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 adjourned at 11:45 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 10/29 Special Session, October 30, 2003 345 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, Thursday, October 30, 2003 Approved:__________________________2003 Council met at 6:30 P.M. in the Public Library Auditorium Adopted:___________________________2003 Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, ______________________________________ Nicholson, City Manager Van Milligen, Mayor 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. Council Members There being no further business, Buol moved Attest: to adjourn. Seconded by Michalski. Motion carried 7-0. The special session adjourned at ______________________________________ 7:24 p.m. City Clerk /s/ Jeanne F. Schneider, CMC City Clerk 1t 11/10