2000 February Council ProceedingsReqular Session,
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session,
February 71 2000
Council met at 6:30 P.M. in the
Public Library Auditorium
Present Mayor Duggan, Council
Members Buol, Markham, Michalski,
Nicho[son, Robbins, Cline, City
Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Mayor Duggan read the ca, and
stated this is the Regula. r Session of
the City Council called for the purpose
to act upon such business which may
propedy come before the Council.
Invocation was given by Rev.
Thomas Hannah, Director of the
Dubuque Community Food Pantry.
MINUTES SUBMI'I-FED: Airport
Commission of 1/24/00; CMl Service
Commission of 12/10/99; Community
Development Advisory Commission of
12/7/99; Five Flags Commission of
1t17/00 (canceled); Housing
Commission of 12114/99; Housing
Commission Trust Fund Committee of
1/27/00; Human Rights Commission of
12/13/99; Investment Oversight
Commission of 1/20/00; Park and
Recreation Commission of 1/11/00;
Transit Trustee Board of 9/9199 and
12/9/99; Zoning Board of Adjustment of
12/15/99, presented and read. Buol
moved that the minutes be received
and filed. Seconded by Nicholson.
Motion carried 7-0.
Proof of Publication on publishing of
Council Proceedings for 1/3/00,
presented and read. Buoi moved that
the proof be received and flied.
Seconded by Nicholson. Motion
carded 7-0.
Dubuque Racing Association (DRA)
submitting their financial statements for
year ending November 30, 2000 (Copy
on file in City Clerk's Office for review),
presented and read. Buol moved that
the communication be received and
filed. Seconded by Nicholson. Motion
carded 7-0.
February 7, 2000 2!
Substance Abuse Service Center
Second Quarter report for FY 2000,
presented and read. Buol moved that
the report be received and filed.
Seconded by Nicholson. Motion
carded 7-0.
Convention and Visitors Bureau
Quarterly Report, presented and read,
Buol moved that the report be
received and filed. Seconded by
Nicholson. Motion carded 7-0.
NOTICES OF CLAIMS/SUiTS:
Banner Investments in the estimated
amount of $250.00 for property
damage; LuAnn Cox in unknown
amount for personal injuries; Su Yen
Chong in unknown amount for vehicle
damage; Kirk Dahl in estimated amount
of $500.00 for vehicle damage; Nora
Gierens in estimated amount of $73.00
for personal injuries, presented and
read. Buol moved that the claims and
suits be referred to the Legal Staff for
investigaflon and report. Seconded by
Nicbelson. Motion carded 7-0.
Corporation Counsel advising
following claims have been referred to
Public Entity Risk Services of Iowa, the
agent for the Iowa Commun~es
Assurance Pool for the following
claims: personal injury of Elaine
OberbroecPJing; vehicle damage of Kirk
Dahl; reimbursement for expenses and
loss of business of Td[og, Inc.,
~resentad and read. Buol moved that
the communication be received and
filed. Seconded by Nicho[son. Motion
carded 7-0.
Corporation Counsel recommending
denial of vehicle damage claim of Kirk
Dahl; reimbursement of towing, storage
and car rental charges of R0n
Pergande, presented and read. Buol
moved that the communication be
received and tiled and recommendation
approved. Seconded by Nicbelson.
Motion carded 7-0.
Corporation Counsel recommending
that the vehicle damage claim of Penny
A. Gronen be referred to Horsfield
Construction, presented and read.
Buol moved that the communication be
received and flied and recommendation
approved. Seconded by Nicholson.
Motion carried 7-0.
Corporation Counsel submitting
judgment in favor of City on sanitary
sewer backup claim of George and
Madlyn Langes resulting from May
22 Regular Session, February 7, 2000
1999 rain storm: presented and read.
Buol moved that the communication be
received and filed. Seconded by
Nicholson. Motion carded 7-0.
City Manager recommending
hearings be held on February 21, 2000
ro assess civil pena~Jes for tobacco
violations ($300 peneity for first
violations -- AMOCO --ood Shop at
1701 JFK Road. IOCO Speede Shoppe
at 3250 Dodge, and Tri-State Geif
Center at 1095 Cedar Cross Road: 30
day suspension for second violation --
IOCO Speede Shoppe a~ 2335
University), presented and read. E~uol
moved that the communications be
received and filed and recommendation
approved setting hearings for 2-21-00
at 6:30 p.m. ~n the Public Library
Auditorium. Seconded by Nicholson.
Motion carried 7-0.
Petition submitted by Larry G.
McMullen, 1755 Overview Court.
requesting that no parking be posted
on the south side of Overview Court
presented and read Buol moved that
the communication be received an(]
filed and referred to the City Manager.
Seconded by Nicheison. Motion
carded 7-0.
Communication of City Manager
recommending that the City certify to
the State Treasurer the population of
areas annexed to the City since the
1990 Census, presented and read.
Buol moved that the communication be
received and filed. Seconded by
Nicholson. Motion carded 7-0.
Communicafion of City Manager
advising of a $400 000 award to the
City from the Iowa Department of
Economic Development for a housing
project at Mada House, presented and
rea~:. Buol moved that the
communication be received and flied.
Seconded by Nicholson. Motion
carried 7-0.
City Manager submitting the Housing
Department's fourth annual "River
Town Rents" survey, presented and
read. Buol moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carded 7-0.
City Manager submitting the Fiscal
Year 1999 Comprehensive Annual
Financial Report and Audit Reports,
presented and read. Buol moved that
the communication be received and
filed Seconded by Nicheison. Motion
carded 7~0
City Manager recommending
accep[ance of the 1998 Sidewalk
Assessment - PennsyJvania Avenue
from Vizaleea to Embassy West Ddve
and further recommending that the
ScheduJe of Special Assessments be
rescinded, :)resented and read. Buei
moved that the communication be
received and filed. Seconded by
Nichorson. Motion carried 7-0.
RESOLUTION NO. 21-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the 1998
Sidewalk Assessment - Pennsylvania
Avenue [rom Vizeieea [o Embassy
West Drive has deen completed and
the City Manager has examined [he
work and filed his certificate stating that
the same has been comDlated
according to the terms of the contract
plans and specifications anc
recommends its acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Sec'don 1. Thatthe recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Fiscal Year 2000 Capital
Improvement Project for sidewalk
repair and inatallation in amount equal
to the amount of this con[rect, less any
retained percent'age provided for
therein.
Passed. approved and adopted this
7th day of February 2000.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoption of the
resolution. Seconded by Nicho[son.
Motion carried 7-0.
RESOLUTION NO. 22-00
FINAL ESTIMATE
Whereas, the contract for the 1998
~Sidewalk Assessment - Pennsylvania
Avenue from Vizaleea to Embassy
West Ddve has been completed and
the City Engineer has submitted his
final estimate showing the cost thereof
including the cost of estimates. ~otices
and inspection and ail miscellaneous
costs;
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section 1 That the cost of said
Regular Session, F~lJrd~ry 7; 2000 : 23
improvement is hereby determined to
be $28,826.68 and the said amount
shall be paid from the Fiscat Year 2000
Capital Improvement Program for
sidewalk repair and installation of the
City of Dubuque, Iowa.
Passed, approved and adopted this
7th day of February, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 23-00
RESOLUTION RESCINDING
RESOLUTION NO. 286-98
PROVIDING FOR THE SCHEDULE
OF PRELIMINARY ASSESSMENTS
FOR THE 1998 SIDEWALK
ASSESSMENT - PENNSYLVANIA
AVENUE FROM VIZALEEA TO
EMBASSY WEST DRIVE AND
RESCINDING RESOLUTION OF
NECESSITY NO. 326-98
Whereas, on the 6th day of Juiy,
1998, the City Council adopted
Resolution No. 286-98 providing a
schedule of proposed assessments for
the 1998 Sidewalk Assessment -
Pennsylvania Avenue from Vizalesa to
Embassy West Drive; and
Whereas, all of the sidewalks
required to be constructed under said
construction project have been
completed by the abutting properly
owners at their expense; and
Whereas, on the 3"~ day of August,
1998, Resolution No. 326-98 provided
for the amendment of Resolution No.
286-98 to eliminate certain
assessments for the 1998 Sidewalk
Assessment - Pennsylvania Avenue
from Vizaleea to Embassy West Ddve
abutting Glenwood Court;, and
Whereas, all of the sidewalks
included in the construction project
were completed by the respective
abutting property owners and no
assessments are required to be filed as
part of this project
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
1. That Resolution No. 286-98,
providing for the Schedule of Proposed
Assessments for the 1998 Sidewalk
Assessment Program from
Pennsylvania Avenue to V'~aleea Ddve
is hereby rescinded.
2. That Resolution No. 326-98,
Resolution of Necessity for the 1998
Sidewalk Assessment Program from
Pennsylvania Avenue to V[zalees Drive
is hereby rescinded.
3. That the City Clerk be authorized
and directed to file a copy of this
Resolution in the office of the County
Treasurer.
4. That the City Clerk be and is hereby
directed to notify each property owner
included in said prellmina~j
assessment schedule that the
assessment for their property has been
deleted from the project.
Passed, approved and adopted this
7th day of February, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending
approval of a License Agreement with
Seneca Environmental Services,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 24-00
RESOLUTION AUTHORIZING
LICENSE AGREEMENT BETWEEN
THE CITY OF DUBUQUE AND
SENECA ENVIRONMENTAL
SERVICES TO INSTALL
MONITORING WELLS ON PUBLIC
RIGHT-OF-WAY AT 2301
UNIVERSITY
Whereas, Seneca Environmental
Se~ces, on behalf of Iowa Oil
Company has requested permission
from the City of Dubuque to install sofl
gas monitoring wells on City right-of-
way at 2301 University [n Dubuque,
Iowa, for the purpose of assessing
current conditions at and surrounding
the property; and
Whereas, the License Agreement
Right-of-Enby for Site Assessment has
been prepared outlining the
responsibilities of Seneca
Environmental Services and Iowa Oil
Company in the inst:allation of the
monitoring we[is on public right-of-way;
and
Whereas, the performance of the
activities of Seneca Environmental
Services will be at no cost or expense
to the City, and all work will be
~erformed by the Licensee, or its
employees, agents or subcontractors;
and
Whereas, it is the desire of the City
Council to enter into said License
Agreement for the installation of
monitoring wells in the public fight-of-
24
Regular Session, February 7, 2000
way as requested.
NOW, THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, OWA:
Section 1. The License Agresmen[
for Right-of-Entry for Site Assessment
be and the same is hereby approved.
Section 2. Thatthe Mayor be and is
hereby authorized to execute said
Ucense Agreement for and on behalf of
the City Council.
Passed, approved and adopted this
7th day of February, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending
acceptance of public improvements in
Asbury 31aza - Phase IA, presented
and read. Michaiski moved that the
communication De received and flied.
Seconded by Robbins. Motion carried
7-0.
RESOLUTION NO. 25-00
ACCEPTING SANITARY SEWER
AND WATERMAIN IN ASBURY
PLAZA - PHASE IA
Whereas, pursuant to Resolution
No. 137-98, certain improvemen[s
including sanitary sewers and
watermain were installed by the
developer of Phase IA of Asbury Plaza.
Whereas, the improvements have
been completed and the City Manager
has examined the work and has tiled a
certiticate stating that the same has
been completed in accordance with the
plans approved bythe City Council and
in confo~nance with City specifications,
and has recommended that the
improvements be accepted by the City
Council.
NOW, THEREFORE, BE Fr
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the recommendation
of the City Manager be approved and
that said improvements in Aabury
Plaza - Phase IA be and the same is
hereby accepted.
Section 2. That maintenance of said
improvemems shall be the
responsibility of the contractors and the
owner for a period of two years from
thie date.
Pas~ed, approved and adopted this
7th day of February, 2000.
7'erronce M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michaiski moved adoption of the
Resolution Seconded by Robbins.
Motion carried 7-0.
City Manager recommending
acceptance of the Wm. M. Black,
~hase II Project, presented and read.
3ual moved that the communication be
"eceived and tiled. Seconded by
Nichoison. Motion carded
RESOLUTION NO. 26-00
ACCEPTING IMPROVEMENT
Whereas. the contract fo[ the
dlliam M. Black Steamboat
Restoration Project- Phase il has been
completed and the City Manager has
examined the work and tiled his
certificate stating that the same has
oeen completed according to the terms
of the con[foci, plans and
specifications and recommends its
acceptance.
NOW THEREFORE. BE IT
:~ESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the General Fund and reimbursed 100
percent (100%) from the ISTEA
Transportation Enhancement Grant in
amoun[ equal m the amounz of this
contract.
Passed, approved and adopted this
7th day of February, 2000.
Terronce M. Duggan, Mayor
Attest: Jeanne F. Schneider, Cb Clerk
Buol moved aeoption of the
resolution. Seconded by Nichoison
Motion carried 7-0.
RESOLUTION NO. 27-00
FINAL ESTIMATE
Whereas, the contract for the
William M. Black Steamboat
Restoration Project - Phase II has been
completed and the City Engineer has
submitted his final estimate showing
the cost thereof including the coat of
estimates, notices and inspection and
all miscellaneous costs:
NOW THEREFORE, BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to
be $77,046.57 and the said amount
shall be paid from General Fund of the
City of Dubuque, Iowa and reimbursed
100 percent (100%) from the ISTEA
Transportation Enhancement Grant
Passed, approved and adopted this
ReqularSessiOn, F6~ 7!~00 :: 25
7th day of February, 2000.
Termnce M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
BuoJ moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
City Manager recommending
acceptance of Wm. M. Black - Phase
Ill Project, presented and read. BuoJ
moved that the communication be
received and flied. Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 28-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the
William M. Black Steamboat
Restoration Project - Phase 111 has
been completed and the City Manager
has examined the work and tiled his
certificate stating that the same has
been completed according to the terms
of the contract, plans and
specifications and recommends its
acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Tllat the recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE ~T FURTHER RESOLVED that
the City Treasurer be and he ia hereby
directed to pay to the contractor from
the General Fund and reimbursed 100
percent (100%) from the ISTEA
Transportation Enhancement Grant in
amount equal to the amount of this
contract_
Passed, approved and adopted this
7th day of February, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 29-00
FINAL ESTIMATE
Whereas, the contract for the
William M. Black Steamboat
Restoration Project- Phase ill has
been completed and the CH Engineer
has submitted his final estimate
showing the cost thereof including the
cost of estimates, notices and
inspection and all miscellaneous costs;
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to
be $87,400.00 and the said amount
shall be paid from General Fund of the
City of Dubuque, ~owa and reimbursed
100 percent (100%) from the ISTEA
Transportation Enhancement Grant.
Passed, approved and adopted this
7th day of February, 2000.
Torrance M. Duggan, Mayor
Attest Jeanne F. Schneider, C~y Clerk
Buol moved adoption of the
resolution. Seconded by Nicholecn.
Motion carded 7-0.
City Manager recommending
acceptance of the Cable Car Square
Lighting Project, presented and read.
Buol moved that the communication be
received and filed. Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 30-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the Cable
Car Square Historic Lighting Project
has been completed and the City
Manager has examined the work and
flied his car~ificste stating tha~ the
same has been completed according to
the terms of the contract, plans and
specifications and recommends its
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Thatthe recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the City of Dubuque Road Use Tax and
General Funds, with 80%
reimbursement from the ISTEA
Transportation Enhancement Grant in
amount equal to the amount of this
contract.
Passed, approved and adopted this
7th day of February, 2000.
Terrance M. Duggan, Mayor
Attest:. Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 31-00
FINAL ESTIMATE
Whereas, the contract for the Cable
Car Square Histodc Lighting Project
has been complsted and the Cti7
Engineer has submitted his final
estimate showing the cost thereof
including the cost of estimates, notices
and inspection and all miscellaneous
costs;
NOW THEREFORE, BE IT
26
Regular Session, February 7, 2000
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE OWA:
Section I. That the cost of said
impmvemen[ is hereby determined to
be $84,309.30 and [he said amount
shall be paid from City of Dubuque
Road Use Tax and Generai Funds. with
80% reimbursement from the ISTEA
Transportation Enhancement Grant.
Passed, approved and adopted this
7th day of February, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
Resignation of Kelly Sebastian from
th e Cable Community
Teleprogramming Commission,
presented and read. Buol moved that
the communicatior t~e received and
filed and resignation accepted with
regret. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending an
amendment to [he Community
Development Block Grant Citizen
Paff. Jcipation Plan. presented and read.
Buol moved that the communication be
received and filed. Seconded by
Nicholson. Motion carded 7-0.
RESOLUTION NO. 32-00
RESOLUTION APPROVING AN
AMENDMENT TO THE CITIZEN
PARTICIPATION PLAN FOR THE
COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM.
Whereas. the City Council of the City
of Dubuque, Iowa adopted a CtiJzen
Participation ~[an ( the "Plan") which
set forth a process for citizen
involvement in the development of the
City's Community Development Block
Grant (CDBG) program on September
8, 1992; and
Whereas, the City CounciJ has
amended the Plan from time to time;
and
Whereas, the Community
Developmem Advisory Commission
has proposed to the City Council an
amendment to the Plan to change the
review process for the Annual Action
Plan and the Consolidated Plan.
NOW THEREFORE BE iT
RESOLVED BY THE CiTY COUNCIL
OF THE CiTY OF DUBUQUE. IOWA:
Section 1. That Section ti of the
Citizen Participation Plan is hereby
amended by repea~ing said Section
and by adopting a new Section ti in lieu
thereof, as follows:
"Section I1. Development ofthe
Consolidated Plan
and Annual Act[on Plans
The Community Development Advisory
Commission will hold a series of public
meetings during the development of
the Consolidated Plan and/or Annual
Action Plan that Would include
identification of community housing and
non-housing needs, pdoritization of
needs, strategy development to meet
identified needs and budget
'ecommendations to implement those
strategies. Citizen access
opportunities, as identified in Section V
of this Plan. shall be utilized to increase
participation in Consolidated Plan
development.
The Community 3evelopmem
Advisory Commission shall 3old at
least one public headng, as outlined in
Section V of this Plan. prior to
publication of a draft plan for comment
and shall provide not less than a 30
day 3ubiic comment period before final
action. The Consolidated Plan and/or
Annual Action Plans shall be adopted
by the Community Development
Advisory Commission and for, yarded to
the City Manager. The City Council
shall act on the proposed Consolidated
Plan and/or Annual Action Plan.
Adoption by Resolution of the City
Council is required prior to submission
to HUD.
A summar~ of the draft Consolidated
Plan and/or Annual Action Dian shall
be published in one or more
newspapers of general circulation, anc
for citizen distribution, prior [o the
commencement of the 30 day public
commem period. The complete
document shall be available for review
as outlined in Section V of this Plan.
Any public comments received dudng
the comment period or at the public
heanngs shall be considered and shall
be summarized and attached to the
Consolidated Plan and/or Annual
Action Plan prior to submission to
HUD. This shall include a summary of
any comments or views not accepted
and the reasons therefore."
Section 2. That said Amendment
shall become effective immediately and
the remaining sections of the Plan will
remain in effect as previously adopted.
Section 3. That the Plan as
amended shall be filed in the
Community and Economic
Development Department as required
bythe U.S. Department of Housing and
Urban Development.
Passed. approved and adopted this
7~ day of February, 2000.
Regular Session, February 7~ 2000
27
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending
approval to publish combined notice for
release of funds for Mada House
Project, presented and read. Buol
moved that the communication be
received and tiled. Seconded by
Nicholson. Motion carded 7-0.
RESOLUTION NO. 33-00
A RESOLUTION AUTHORIZING
PUBLICATION OF A COMBINED
NOTICE OF FINDING OF NO
SIGNIFICANT IMPACT ON THE
ENVIRONMENT AND NOTICE OF
INTENT TO REQUEST RELEASE OF
FUNDS FOR THE MARIA HOUSE
PROJECT.
Whereas, the City of Dubuque
entered into a Grant Agreement for the
Fiscal Year commencing July 1, 1999,
with the U.S. Department of Housing
and Urban Development, providing for
financial assistance to the City under
Title I of the Housing and Community
Development Act of 1974, as
amended; and
Whereas, Community Development
Block Grant (CDBG) funds have been
approved for the Mar'fa House project
at 1561 Jackson; and
Whereas, pursuant to the rules and
regulations as promulgated by the U.S.
Department of Housing and Urban
Development, an environmental review
has been processed for the Mada
House Project;, and
Whereas, based on said
environmental review, the Department
of Community and Economic
Development has determined that said
project will have no significant impact
on the environment; and
Whereas, a combined notice of"
Finding of No Significant Impact on the
Environment°' and of "Intent to Request
Release of Funds" for said project will
be sent by regular mail to various
federal, state and local public
agencies; to the appropriate Regional
Office of the Environmental Protection
Agency, to the HUD Area Office and to
the local news media, indMduals and
groups known to be interested and
believed to be appropriate to receive
such a notice; and
Whereas, any and all comments
received as a result of such notice will
be duly considered before proceeding
with a Request for Release of Funds
and Certification.
NOW. THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Clerk be
and is hereby authorized and directed
to publish a combined Notice of
Finding of No Significant Impact on the
Environment and Notice of Intent to
Request Release of Funds for the
Mada House Project and to make the
Environmental Review Record for said
project available for public inspection
and comment until 5:00 p.m. on
February 25, 2000. Such notice shall
be in the form of Exhibit 'W' attached
hereto and mede a part hereof.
Section 2. That the environmental
review record for the project shall be
placed on file in the Office of the City
Clerk where said record may be
examined and copied by any interested
party.
Scion 3. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the U.S.
Department of Housing and Urban
Development tifteen (15) days after
publication of appropriate notice a
Request for Release of Funds to
undertake the said project.
Section 4. That the Mayor of the City
of Dubuque is hereby authorized to
consent to assume the status of a
responsible federal official under the
National Environmental Protection Act,
insofar as the provisions of the said Act
apply to the U.S. Department of
Housing and Urban Development
responsibilities for review, decision
making, and aclton assumed and
carried out by the C~ of Dubuque as
to environmental issues.
Section 5. That the Mayor of the
City of Dubuque is hereby authorized to
consent personally, in his official
capacity and on behaE of the City of
Dubuque, to accept the jurisdiction of
the fadera[ courts if an action is brought
to enforce responsibJlrdes in relation to
environmental review, decision making
and action.
Section 6. That the Mayor of the
City of Dubuque be and he is hereby
authorized and directed to execute a
certification pertaining to the
environmental review procedures.
Pessed, approved and adopted this
7~ day of February, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, C~ Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
28
RegularSession, February 7, 2000
City Manager 'ecommending
settlement of claim by Hodzon
Development for additional site
development expenses in the amount
of $20,000, presented and read. Buol
moved that the communication be
received and filed and recommendation
approved. Seconded by Nicholson.
Motion carded 7-0.
City Manager submitting information
on an Emergency Planning Committee
public meeting which was held January
12, 2000, presented and read. Buol
moved that the communication be
received and fded. Seconded by
Nicholson. Motion carded 7-0.
City Manager submitting copy of
correspondence ~o local senators and
representatives on proposed levy
legislation, presented and road. Buol
moved that the communication be
received and filed. Seconded by
Nicho[ecn. Motion carriedT-0.
City Manager submitting
correspondence ~o County Board of
Supervisor Chairperson AJan
Manternach suppo~ng a grant
application to IDED for land use
planning process, presented and read.
Buol moved that the communication be
receive¢ and tiled. Seconded by
Nicholson. Motion carried 7-0.
Library 3oard of Trustees submitting
the Carnegie-Stout Public Library Long
Range Plan 2000 - 2005, aresented
and read. Buol moved that the
communication be receivec and filed.
Seconded by Nicholson. Motion
carded 7-0.
RESOLUTION NO. 34-00
Wheroas. applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and
approved; and
Whereas. the premises to be
occupied by such applicants were
respected and found to comply with the
Ordinances of this City and have ti[ed
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following ~amed
applicants a Beer Permit.
CLASS "B" BEER PERMIT
GMS nc Bunker Hill Golf
Coume+(Sunday/Outdoor Sale)
2200 Bunker Hill
CLASS "C" BEER PERMIT
Hill St Plaza Oky Doky # 8 +
(Sunday Sale) 535 Hill St
Molo Oil Corn Big 10 Mar[+(Sunday
Sale) 2100 JFK Rd
Nash-Finch Corn Ecanofoods ~f471
+(Sunday Sale) 3355 JFK Circle
Dubuque Discount Gas Inc.
Dubuque Discount Gas+(Sunday Sale)
4110 Dodge St
Passed. approved and adopted this
7th day February, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved aaoption of the
resolution. Seconded by Nicholecn.
Motion carried 7-0.
RESOLUTION NO. 35-00
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the same
have been examined and approved:
and
Whereas, the premises m be
occupied by such applicants were
inspected and found to comply With the
State Laws and all City Ordinances
relevant thereto and they have filed
proper bonds.
NOW, THEREFORE. BE T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, OWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Liquor License.
CLASS "C"(COMMERCIAL)
BEER/LIQUOR LICENSE
Chades E. Steffen Tony's Place
+(Sunday Sale) 1701 Central Ave
Pusated Enterprise Pusateri's
+(Sunday Sale) 2400 Central Ave
Chi-Chi's Inc. Chi-Chi's Mexican
Rest+(Sunday Sa[e) 800 Wacker Dr
James W Goetzinger Goetz's
+(Sunday Sale) 2776 Jackson St
Melvin G. Spiegelhaiter The Clubhouse
2363 Washington St
Town Clock Inn, lnc
Town Clock Inn 799 Town Clock Plaza
CLASS "B' (WB) WINE
Nash-Finch Corr, aany Econofoods #
471+(Sunday Sale) 3355 JFK Cir
Passed. approved and adopted this
7th day of February, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved aaoptJon of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
BOARDS AND COMMISSIONS
Individuals are invited to address the
Council to expross their desire to serve
on various Boards/Commissions.
Reqular Session, February 7; 2000 29
CIVIC CENTER COMMISSION:
Applicant - Cynthia A. Fuller. Ms.
Fuller spoke.
COMMUNITY DEVELOPMENT
COMMISSION: Applicants Bill
Daugher[y (Census Tract #1) and
Thomas Wainwright (At-Large).
Thomas Wainwright spoke.
TV CABLE REGULATORY
COMMISSION: Applicant - Mike Pratt
Mr. Pratt was unable to be in
attendance.
TV CABLE COMMUNITY
TELEPROGRAMMING COMMISSION:
Applicant - Paul R. Kohl Mr. Kohl
spoke.
APPOINTMENTS to the following
Boards/Commissions:
ENVIRONMENTAL STEWARDSHIP
ADVISORY COMMISSION: Applicant
-- David B. Czamecki.
Michalski moved that Mr. Czamecki
be appointed to fill the unexpired term
which will expire 10-1-00. Seconded
by Buol. Motion carded 7-0.
HOUSING CODE APPEALS BOARD:
Applicants-- David Aithaus, Thomas
Swift. Michalski moved that Mr.
A~aus and Mr. Swift be reappointed to
the Housing Code Appeals Board for
three year terms which will expire 1-11-
03. Seconded by Nicholson. Motion
carded 7-0.
HUMAN RIGHTS COMMISSION:
Applicants--Judith H. Giesen, Joseph
A. HopPJns, Marty O'Shea, William
Ross, Chades F. Ryan, Katherine V.
Stevens. Vote on the appointments
was as follows: Duggan voted for
O'Shea, Ross and Stevens; Buol voted
for Giesen, Ross, and Ryan. Cline
voted for Hopkins, Ross, and Ryan.
Markham voted for O'Shea, Ryan and
Stevens. Michatski voted for Giesen,
Ryan and Stevens. Nicholson voted for
Giesen, Hopkins and O'Shea. Robbins
voted for O'Shea, Ryan, and Stevens.
Therefore, Marry O'Shea reappointed
and Charles F. Ryan and Katherine V.
Stevens appointed to throe year terms
which will expiro 1-1-03.
Michalski moved to suspend the
rules to allow anyone present to
address the Council if they so desire.
Seconded by Robbins. Motion carded
7-0.
Proofs of publication certified to by
the Publisher on Notice of Headng on
Plans and Specs and Notice to Bidders
on the Receipt of Bids for Construction
of Highway 20 Landscape Design Bid
Package #1 and City Manager
recommending award of contract for
project, presented and read. Buol
moved that the proofs and
communication be received and flied.
Seconded by Nicholson. Motion
carded 7-0.
City Manager submitted a second
recommendation to reject a~l bids and
to rebid the project. Buol moved to
receive and file the communication and
to reject the bids. Seconded by
Nicholson. Motion carded 7-0.
Attorney Art Gl[Icon on behalf of
Nauman Nursery spoke requesting that
all bids 'be rejected and the project
rebid. John Smith of Smith Seeding
spoke in opposition to the City
Manager's rocommendation.
Proof of publication certified to by
the Publisher on Notice of Public
Headng to reclasstiy property located
in the2000 block of Radford Road from
AG to R-1 Single Family as requested
by Don Bycroft and Joseph Siegert,
presented and read. Buol moved that
the proof be received and flied.
Seconded by Nicholson. Motion
carded 7-0.
An Ordinance Amending the Zoning
Ordinance by reclassifying property
located in the 2000 block of Radford
Road from AG Agficuitura! District to R-
I Single Family Residential District,
said Ordinance having been presented
and read at the Council Meeting of 1-
17-00, now presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 8-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY- LOCATED
IN THE 2000 BLOCK OF RADFORD
ROAD FROM AG AGRICULTURAL
DISTRICT TO R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT
ORDAINED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances is
hereby amended by reclass~ing the
hereinafter described property as
shown in Exhibit A, and to the center
line of the adjoining public right-of-way,
all in the City of Dubuque, Iowa, from
AG Agricultural Distdct to R-1 Single-
30 Regular Session, February 7, 2000
Family Residential District.
Section 2. The foregoing
amendment has heretofore been
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
owa
Section 3. This ordinance shale take
effect immediataly upon publication, as
provided by law. -
Passed, approved aha adopted thia
7th day of February, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Te/egraph
Herald newspaper this 11th aay of
February, 2000.
Jeanne F. Schneider. City Clerk
lt211
E~uol moved final consideratior and
passage of the Ordinance. Seeanded
by Nicholson. Motion carried 7-0.
Proof of publication certified to Dy
the Publisher on Notice of Public
Headng To reclassify property located
at 2239-2241 Central Avenue from R-
2A Alternate Two-Family Residen~al to
C-4 Downtown Commercial, as
requested by Richard and Brenda
Hartig, presented and read. Robbins
moved that the proof be received and
filed. Seconded by Nicholson. Motion
carded 7-0.
An Ordinance Amending the Zoning
Ordinance by reclassifying property
located at 2239-2241 Central Avenue
from R-2A Alternate Two-Family
Residential Disb'ict to C-4 Downtown
Commercial District, said Ordinance
having been presented and read at the
Council Meeting of 1-17-00, now
presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 9-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 2239-2241 CENTRAL AVENUE
FROM R-2A ALTERNATE TWO-
FAMILY RESIDENTIAL DISTRICT TO
C-4 DOWNTOWN COMMERCIAL
DISTRICT.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances is
hereby amended by reclassifTing the
hereinafter described 9roperty from R-
2A Alternate Two-Family Residential
District m C-4 downtown Commercial
District. to wit:
Lot 5 Tivoli Addition and to the center
line of the adjoining public right-of-way,
ail in the City of Dubuque, Iowa.
Section 2. The foregoing
amendment has heretofore I~een
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
Iowa.
Passed. approvea and adopted this
7th day of February, 2000.
Terrance M Duggan, Mayor
Attest: Jeanne F. Schneider. Cit~' Clerk
Published officially in the Telegraph
Herald newspaper this 11th day of
February, 2000.
Jeanne F. Schneider, City Clerk
It 2/11
Robbins moved tinal consideration
anc passage of the Ordinance.
SeconderJ by Nicholson. Motion
carded 7-0.
Proofs of publication cer'dfied to by
the Publisher on Notice of Hearing on
Plans and Specs and Notice to Bidders
on the Receipt of Bids for Installation of
an Elevator at the Locust Street
Parking Ramp and City Manager
reeammending award of contract for
project, presented and read Markham
moved that the proofs and
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 36-00
ADOPTING PLANS AND
SPECIFICATIONS
Whereas on the 20ti' day of
January, 2000, p~ans, specifications,
Form of contract and estimated cost
were filed with the City Clerk of
Dubuque, Iowa, for the installation of a
new elevator at the Locust Street
Ramp, Dubuque, Iowa.
Whereas, notice of headng on plans,
specifications, form of contract: and
estimated cost was published as
required by aw.
NOW, THEREFORE BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the ;)lans, specifications, form
of contract and cost in the amount of
$65,841.00 are hereby approvec~ for
said project
Passed, approved and adopted this
7th day of February, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider
Markham moved adoption of the
Reclular Session, February 7, 2000
3!
Reso~utior.. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 37-00
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
installation of a new elevator at the
Locust Street Ramp, Dubuque, iowa
and notice to bidders has been
published in a newspaper published in
the City of Dubuque, Iowa on the 21st
day of January, 2000; and
Whereas, said sealed proposals
were opened and read on the 1st day
of February, 2000, and it has been
determined that the bid of $65,841.00
of Schumacher Elevator Co. wes the
lowest bid for furnishing materials 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
project be awarded to Schumacher
Elevator Co. and the Manager is
hereby authorized to execute a contract
on behalf of the Cb of Dubuque.
Passed, approved and adopted this
7th day of February, 2000.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider
Markham moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 7-0.
Proofs of publication certified to by
the Publisher on Notice of Headng on
Plans and Specs and Notice to Bidders
on the Receipt of Bids for the Catfish
Creek Pump Replacement Project and
City Manager recommending award of
contract for project, presented and
read. Nicholson moved that the proof
of publication and communication be
received and filed. Seconded by
Markham. Mofion carded 7-0.
RESOLUTION NO. 38-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 16th day of
December, 1999, plans, specifications,
form of contract and estimated cost
were filed with the City Clerk of
Dubuque, Iowa for the Catfish Creek
Lift Station Pumps and Motor Control
Center Replacement Project
Whereas, notice of headng on plans,
specifications, form of contract, and
estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
estimated cost for said improvements
for said project
Passed, adopted and approved this
7th day of February, 2000.
Terrsnce M. Duggan, Mayor
Attest: Jeanne F. Schneider
Nicholson moved adoption of the
Resolution. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 39-00
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
Pump Replacement Project at the
Catfish Lift Station, pursuant to
Resolution No. 678-99 and Notice to
Bidders published in a newspaper in
the City of Dubuque, Iowa, on the 28th
day of December, 1999, and
Whereas, said sealed proposals
were opened and read on the 25th day
of January, 2000, and it has been
determined that the bid of Portzsn
Construction, lnc: of Dubuque, Iowa in
the amount of $336,680.00 was the
lowest bid for 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:
Section 1. Thatthe contractfor the
above project be awarded to Portzen
Construction, Inc. and the City
Manager be authorized to execute a
contract on behalf of the City of
Dubuque for the complete performance
of the work.
Section 2. That upon the signing of
said contract and the approval of the
contractor's bond, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
7th day of February, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider
Nicholson moved adoption of the
Resolution. Seconded by Markham.
Motion carded 7-0.
Buol moved that the rule be
reinstated limiting the discussion to the
Council. Seconded by Nichalson.
Motion carried 7-0.
Request from Royce Wilken,
32 Regular Session, February 7, 2000
President of American River
Transportation. to address Council
concernmg barge fleeting. Mr. Wilken
of Decatur, IL spoke to the necessity of
having sufficient area allowed for
barges to park. Nicholson moved that
this matter be referred [o the City
Manager. Seconded by MichalskL
Motion carded 7-0.
CH Manager recommending
adoption of several amendments to the
Motor Vehicles and Traffic Sections of
the Code of Ordinances, presented and
read. Buol moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carded 7-0.
An Ordinance Amending Section
32-261(d) of the Code of Ordinances m
prohibit parking at any time in certain
designated zones relating to Eighth
Street between _ocust and Iowa
Streets, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 1 D-00
AN ORDINANCE AMENDING THE
CiTY OF DUBUQUE CODE OF
ORDINANCES, SECTION 32-261(d)
PROHIBITING PARKING AT ANY
TIME tN CERTAIN DESIGNATED
ZONES RELATING TO EIGHTH
STREET BETWEEN LOCUST AND
IOWA STREETS
NOW. THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, OWA:
Section 1 Sec. 32-261(d) of the City
of Dubuque Code of Ordinances is
amended to read as follows:
Eighth Street, West, both sides, from
a point one hundred forty six feet (146')
west of the west property line of
University Avenue [o a point two
hundred six feet [206') west of the west
property line of University Avenue and
from Locust Street [o Iowa Street,
provided, however it shall not be
unlawful to stop, but only in the drop-off
areas provided, for the sole purpose of
and for the time necessary to allow
passengers to enter or exit a vehicle
and dudng which time the vehicle shall
not be unattended; north side, from
Wilson Avenue to Roberts Avenue:
south side, from Central Avenue to the
alley mmediately west thereof.
Section 2.This Ordinance shall take
effect upon publication
Passed, approved and adopted this
7th day of February, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
~ub[ished officially in the Telegraph
Herald newspaper this 10th aay of
February, 2000.
Jeanne F. Schneider, City Clerk
It 2/10
3uol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings pnor to the
meeting at which it is to be finally
passed De suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
An Ordinance Amending the Code of
Ordinances Dy modi~ng Subsection
(b) of Section 32-214 thereof providing
for the addition of a stop s~gn on Future
Court at Chavenelle Road. presented
and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 11-00
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CiTY OF DUBUQUE, IOWA, BY
MODIFYING SUBSECTION (b) OF
SECTION 32-214 THEREOF
PROVIDING FOR THE ADDITION OF
A STOP SIGN ON FUTURe COURT
AT CHAVENELLE ROAD
NOW. THEREFORE. BE iT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That the Code of
Ordinances of the City of Dubuque
owa be amended oy adding Future
Court ane Chavenelle Road
Subsection (b} of Section 32-214
thereof as follows:
"Sec. 32-214 Stol: Intersections.
(b)
EASTBOUND
Future Court and Chavenelle Road.
Passed. approved and adopted this
7th day of February, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 11th eay of
February, 2000.
Jeanne F. Schneider, City Clerk
It 2/11
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings pdor to the
meeting at which it's to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Reqular Session, February,; 2000
33
Nichclson. Mo~Jon carded 7-0.
An Ordinance Amending Section 32-
262(d) of the Code of Ordinances to
prohibit parking on dosignated streets
or po~ons thereof adding Chavenelle
Road, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 12-00
AN ORDINANCE AMENDING
SECTION 32-262(d) OF THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA PROHIBITING
PARKING ON DESIGNATED
STREETS OR PORTIONS THEREOF
ADDING CHAVENELLE ROAD
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of
Ordinances of the City of Dubuque,
lows be amended by adding to
Subseo*Jon (d) of Secfion 32-262
thereof as follows:
Chavenelle Road, both sides, from
Associates Drive to its westedy
terminus, and from Seippel Road to its
easterly terminus.
Passed, approved and adopted this
7th day of February, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F, Schneider, City Clerk
Published oflicially in the Telegraph
Herald newspaper this 11th day of
FebruaQ/, 2000.
Jeanne F. Schneider, City Clerk
It 2/11
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings pdor to the
meeting at which it is to be finally
passed be suspended and fur[her
moved final censiderefion and passage
of tha Ordinance, Seconded by
Nicholson, Motion carded 7-0.
An Ordinance Amending the Code of
Ordinances by revising Subsecfion (c)
ef Section 32-231 providing for the
ostablishmant of speed limits on
Chaveoelle Road, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO, 13-00
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REVISING SUBSECTION (c) of
SECTION 32-231 THEREOF
PROVIDING FOR THE
ESTABLISHMENT OF SPEED LIMITS
ON CHAVENELLE ROAD
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of
Ordinances of the City of Dubuque,
Iowa be amended by adding to
Subsection (c) in Section 32-231
thereof as follows:
'Sec. 32-231. Limits Generally.
(.o)
THIRTY (30) MILES PER HOUR
Chavenelle Road, from Associates
Ddve to its westerly terminus, and from
Seippel Road to its eastedy terminus.
Passed, approved and adopted this
7th day of FebruaB,, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 11th day of
February, 2000.
Jeanne F. Schneider, City Clerk
lt2/11
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings pdor to the
meeting at which it is to be finally
passed be suspended and fur[her
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carded 7-0.
An Ordinance Amending the Code of
Ordinances by modifying Subsecton
(b) of Section 32-214 and Subsection
(b) of Section 32-216 thereof providing
f? the change from yield signs to stop
signs on St. John Drive at Hillcrest
Road, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO, 14-00
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
MODIFYING SUBSECTION (b) OF
SECTION 32-214 AND SUBSECTION
{b) OF SECTION 32-216 THEREOF
PROVIDING FOR THE CHANGE
FROM YIELD SIGNS TO STOP SIGNS
ON ST, JOHN DRIVE AT HILLCREST
ROAD
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of
Ordinances of the City of Dubuque,
Iowa be amended by deleting Hillcrest
and St. John Drive from Subsection (b)
of Section 32-216 thereof as follows:
"Sec 37-711~, Yield Intersections
(b)
34 Regular Session, February 7, 2000
(1) Northbound Vehicles
Hillcrest and St. John Drive
(2) Southbound Vehicles
Hillcrest and St. John Ddve
Section 2. That the Code of
Ordinances of the City of Dubuque,
iowa be amended by adding Hillcrest
Road and St John Drive to Subsectio~
(b) of Section 32-214 thereof as
follows:
'~ Stoo Intersections.
(b)
Northbound and Southbound
Hillcreet Road and St. John Drive
Passed. approved and adopted this
7th day of February, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 11th day of
February, 2000.
Jeanne F. Schneider, City Clerk
It 2/11
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings prior to the
meeting at whfch it is to be finally
passea be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carded 7-0.
An Ordinance Amending Section 32-
262 (d) of the Code of Ordinances
pmhibrdng parking on designated
streets or portions [hereof adding
certain portions of Charter Street.
presented ana read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 1 5-00
AN ORDINANCE AMENDING
SECTION 32-262 (D) OF THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA PROHIBITING
PARKING ON DESIGNATED
STREETS OR PORTIONS THEREOF
ADDING CERTAIN PORTIONS OF
CHARTER STREET
NOW. THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That the Code of
Ordinances of the City of Dubuque
Iowa be amended by adding to
Subsection (d) of Section 32-262 the
following:
Charter Street. both sides from
South Locust Street to Harrison Street
Passed. approved and adopted this
7th day of February, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider City Clerk
Published official[~ in the Telegraph
Herald newspaper this 11th day of
February, 2000.
Jeanne F. Schneider City Clerk
It 2/11
Buol moved that the requirement
that [he proposed Ordinances be
considered and voted on for passage
at wvo Council Vleetings prior m [ne
meeting at which they are to be finally
passed be suspended and further
moved finaJ consideration en¢ passage
of the Ordinances. Seconded by
Nichoison. Motion carded 7-0.
City Manager recommending
approval of additional local matching
funds for the Ice Harbor Traffic Study,
presented and read Buol moved to
approve the recommendation subject
to the deletion of the #1 element "Study
of the intersection of Third & Main St. to
determine the feasibility of an
additional two-lane bridge parallel To
the existing two-lane Third St.
overpass" and further movec that the
City Manager bdng back a revised cost
figure for the additional work.
Seconded by Nichoison. Motion
carried 7-0.
City Manager requesting public
hearing for Fiscal Year 2001 Budget be
set for March 7, 2000, prssenred and
read. Micha[ski moved that the
communication be received ana filed.
Seconded by Robbins. Motion carded
7-0.
RESOLUTION NO. 40-00
RESOLUTION SETTING THE DATE
OF THE PUBLIC HEARING ON THE
FISCAL YEAR 2001 BUDGET FOR
THE CITY OF DUBUQUE
Whereas, Section 384.16 of the
Code of Iowa crovidss that the City
Council shall set a fime and place for a
public hearing on the budget before the
final certification date and shall oublish
notice before the heating as provided
in Section 362.3 of the Code of Iowa.
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOW,~
Sectio~ 1. That the City Council
shall conduct a public headng on the
proposed 2000-01 budget of the City of
Dubuque at the Carnegie Stout Public
Library Auditorium. 360 West 11th
Street. Dubuque, Iowa, on Tuesday,
March 7, 2000, beginning at 6:30 p.m.
Section 2. That the City Clerk de
Regular Sessioni FebrUary 7~ 2000
35
and is hereby authorized and directed
to publish according to law notice of
public headng together with the
required budget information.
Passed, approved and adopted this
7th day of February, 2000.
Terrenea M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
MichalskJ moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 41-00
SETTING THE DATE OF PUBLIC
HEARING ON THE FIVE YEAR
CAPITAL IMPROVEMENT PROGRAM
Whereas, a proposed tive year
Capital Improvement Pmgra~n for the
City of Dubuque has been prepared
and submitted to the City Council; and
Whereas, the capital projects for the
first year are included in the Fiscal
Year 2001 budget for the City of
Dubuque; and
Whereas, it is deemed to be in the
best interest of the City of Dubuque to
conduct a public headng and to adopt
the t?ve year Capital Improvement
Program simutianeousiy with the public
hearing and adoption of the Fiscal Year
2001 budget for the City of Dubuque.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council
shall conduct a public hearing on the
five year Capital Improvement Program
at the Carnegie Stout Public Library
Auditodum, 360 West 11th Street,
Dubuque, Iowa, on Tuesday, March 7,
2000, beginning at 6:30 p.m.
· Section 2. Thatthe City Clerk be and
Is hereby authorized and directed to
publish notice of the public headng.
Passed, approved and adopted this
7th day of February, 2000.
Terrance M. Duggen, Mayor
Attest: Jeanne F. Schneider, City Clerk
MichalskJ moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
City Manager requesting public
hearing be held on February 23, 2000
on the FY 2001 Annual Action Plan for
use of Community Development Block
Grant (CDBG) Funds for FY 2000-
2001, presented and read· Michalsk~
moved that the communication be
received and filed and approved setting
public hearing for February 23, 2000.
Seconded by Robbins. Motion carried
City Manager submitlJng documents
providing for construction of Cox Street
Storm Sewer, presented and read.
Robbins moved that the
communication be received and tiled.
Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 42-00
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
That the proposed plans,
specifications, form of contract and
estimated cost for the Cex Street Storm
Sewer Rehabilitation Project, in the
estimated amount of $47,930.85, are
hereby approved and ordered tiled in
the office of the City Clerk for public
inspe~on.
Passed, adopted and approved this
7th day of February, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 43-00
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City
of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, spec'ifcafions, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the Cox Street Storm
Sewer Rehabilitation Project.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 6th day of March, 2000,
a public headng will be held at 6:30
p.m. in the Public Library Auditorium at
which time interested persons may
appear and be heard for or against the
proposed plans and specifcations,
form of contract and Cost of said
improvement, and the City Clerk be
and is hereby directed to cause a
notice of time and place of such
hearing to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
twenty days prior to the day fixed for its
consideration. At the hearing, any
interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement
Passed, adopted and approved this
7th day of February, 2000.
36 Regular Session, February 7, 2000
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adopuon of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 44-00
ORDERING BIDS
NOW THEREFORE BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE. IOWA:
That the Cox Stree[ Storm Sewer
Rehabilitation Project is hereby
ordered [o be advedised for bids for
construction.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
amount which shall conform [o the
provisions of the notJ'ce [o bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
~o advertise for bids for the construction
of the improvements herein provided
to be published in a newspaper having
general circulation in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
forty-five days odor to the receipt of
said bids at 2:00 p.m. on the 24th day
of February, 2000. Bids shall be
opened and read by the City Clerk at
said time and will be submitted to the
Council for final action at 6:30 ~.m. on
the 6th day of March. 2000.
Passed, adopted and approved this
7th day of February, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
City Manager submitting documents
providing for Expansion of the Fifth
Street Parking Ramp, presented ano
read. Markham moved that the
communicatio~ be received and filed
Seconded by Robbins. Motion carried
7-0.
RESOLUTION NO. 45-00
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW, THEREFORE. BE IT
RESOLVED BY THE CITY CQUNCIL
OF THE CITY OF DUBUQUE IOWA:
That the proposed p~ans,
specifications, form of contract and
estimated cost for the Expansion of t~e
Fifth Street Ramp Phase Two. in the
estimated amount of $1,900,000.00 are
hereby approved and ordered filed in
the office of the City Clerk. for public
nsoection.
Passsc approved and adopted this
7th day of February, 2000
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider
Markham moved adoration of the
Resolution. Seconded by Robbins
Motion carried 7-0.
RESOLUTION NO. 46-00
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATION
Whereas. the City Council of the City
of Dubuque, iowa has g~ven its
preliminary appraval on the proposed
p~ans, specifications, and form of
contract ano placed same on ~le in the
office of the City Clerk for the public
inspection of the Expansion of the Fifth
Street Ramc Phase Two.
NOW. THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA,
that on the 6th cay, of March, 2000 a
public headng Will be held at 6:30 p.m.
in the Public Library Auditorium, at
which time [ntarested persons may
appear and be heard for or against the
proposed plans and specifications.
form of contract and cost of said
improvement, and the City Clerk be
and is hereby directed [o cause a
notfce of time and place of such
hearing to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
twenty days prior to the cay fixed for its
consideration. At the hearing, any
interested person may appear and file
objections ro the proposed clans.
specifications contract, or estimated
cost of the improvement.
Passed, approved and adopted this
7th day of February, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider
Markham moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 47-00
ORDERING BID
NOW, THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Thatthe expansion of the Fifth Street
Ramp Phase Two is hereby ordered to
be advertised for bids.
Be it Further Resolved, that the
amount of the secudt7 To accompany
each bid shall be in an amount which
shall conform to the provisions of the
notice to bidders hereby approved as a
par[ of the plans and specifications
Reqular Session, FebruarY 7i 2000
37
heretofore adopted.
That the City Clerk is hereby directed
to adver*Jse for bids for the purchase of
materials herein provided, to be
published in a newspaper having
general circulation in the City of
Dubuque, Iowa which notice shall not
be less than four days nor more than
twenty days pdor to the receipt of said
bids at 2:00 p.m. on the 29th day of
February, 2000. Bids shall be opened
and read by the City Clerk at said time
and will be submitted to the Council for
final action at 6:30 p.m. on the 6th day
of March, 2000.
Passed, approved and adopted this
7th day of February, 2000.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider
Markham moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
City Manager recommending that a
public hearing be set for March 6;
2000, to consider a request from
Medica~ Associates Realty, L.P., to
vacate potions of Chavenelle Road
and Associates Ddve, presented and
read. Buol moved that the
communication be rece'rved and flied.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 48-00
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED
CHAVENELLE ROAD
Whereas, there has been presented
to the City Council of the City of
Dubuque, Iowa, a plat dated December
21, 1999, prepared by IIW Engineers
& Surveyors, P.C., describing the
proposed vacated portion of
Chavenelle Road; and
Whereas, said plat conforms to the
laws and statutes per[aining thereto.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the plat dated
December 21, 1999, prepared by iNV
Engineers & Surveyors, P.C., relative
to the real estate hereinabove
described be and the same is hereby
approved, and the Mayor and City
Clerk be and they are hereby
authorized and directed to execute said
plat for and on behalf of the City of
Dubuque, Iowa.
Section 2~ The City of Dubuque
reserves unto itseff a perpetual
easement including the dght of ingress
and egress thereto, for the purpose of
erecting, installing, constructing,
reconstructing, repairing, owning,
operating, and maintaining water,
sewer, drainage, gas, telephone, t.v.
cable, and electdc lines as may be
authorized by the City of Dubuque,
Section 3. That the City Clerk be and
is hereby authorized and directed to file
said plat and certified copy of this
resolution in the office of the Recorder,
in and for Dubuque County, Iowa.
Passed, approved and adopted this
7th day of February, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolufion. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 49-00
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED ASSOCIATES
DRIVE
Whereas, there has been presented
to the City Council of the City of
Dubuque, Iowa, a plat dated December
21, 1999, prepared by IIW Engineers
& Surveyors, P.C, dsscdbing the
proposed vacated portion of Associates
Ddve; and
Whereas, said plat conform~ to the
laws and statutes per[aining thereto.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the plat dated
December 21, 1999, prepared
Engineers & Surveyors, P.C., relative
to the real estate hereinabove
described be and the same is hereby
approved, and the Mayor and City
Clerk be and they are hereby
authorized and directed to execute said
31at for and on behaE of the City of
Dubuque, Iowa.
Section2. The City of Dubuque
reserves unto itself a perpetua]
easement including the dght of ingress
and egress thereto, for the purpose of
erecting, installing, constructing,
reconstructing, repairing, owning,
operating, and maintaining water,
sewer, drainage, gas, telephone, t.v.
cable, and electdc lines as may be
authorized by the City of Dubuque,
Iowa.
Section 3. That the Cb Clerk be
and is hereby authorized and directed
to file said plat and cer~ed copy of this
resolution in the office of the Recorder,
in and for Dubuque County, Iowa.
Passed, approved and adopted this
7th day of February, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
38 Regular Session, February 7, 2000
Buol moved adoptior of the
resciution. Seconded by Nicholson.
Motion carded 7-0.
(OFFICIAL PUBUCATION)
ORDINANCE NO. 16-00
ORDINANCE VACATING THE
PORTIONS OF CHAVENELLE ROAD
AND ASSOCIATES DRIVE
Whereas, Medical Associates
Realty, L.P. has requested the vacating
of portions of Chavene[le Road and
Associates Drive; and
Whereas. IIW Engineers &
Surveyors, P.C. has prepared ane
submitted To the City Council a plat
showing the vacated poCdons of
Chavenelle Road and Associates Drk, e
an~ assigned pt numbers thereto
which hereinafter shall be known and
described as Lot C of Medical
Associates SubdMsion and Lot C of
Medical Associates Subdivision No. ~
in the City of 3ubuque, Dubuque
County, Iowa;
Whereas, the City Council of the City
of Dubuque Iowa has determined that
these podJons of Chavene[le Road and
Associates Ddve are no longer
required for public use, except for utility
easements as noted, and vacating of
said partJons of Chavenelle Road ant
Associates Drive known as Lot C of
Medical Associates Subdivision and
Lot C of ~4edical Associates
Subdivision No 2 in the City of
Dubuque, Dubuque County, Iowa
should be aoorovad.
NOW THEREFORE. BE 17
RESOLVED 3Y THE CITY COUNCIL
OF THE CITYOF DUBUQUE. OWA:
Section 1 That the real estate
described as Lot C of Medical
Associates Subdivision and Lot C of
Medical Associates SubdMsion No. 2
in the City of Dubuque. Iowa, be and
the same is hereby vacated.
Section 2. The City of Dubuque
reserves unto it'seE a perpetual
easement including the dght of ingress
end egress thereto, for the purpose of
erecting, installing, constructing,
reconstructing, repairing, owning,
operating, and maintaining water
sewer drainage, gas, telepaone, t.v
cable, and electdc lines as may be
authored by the City of Dubuque,
Iowa
Passed, approved and adopted this
7th day of February, 2000.
Terrsnce M. Ouggan, Mayor
Attest: Jeanne F. Schneider City Clerk
Published officially in the Telegraph
Hera/d newspaper this 11th day of
February, 2000.
Jeanne F. Schneider, City Clerk
It 2/11
Buol moved that the reeuirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings prior to the
meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Secondec by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 50-00
RESOLUTION OF INTENT TO
DISPOSE OF CITY INTEREST IN LOT
C OF MEDICAL ASSOCIATES
SUBDIVISION AND LOT C OF
MEDICAL ASSOCIATES
SUBDIVISION NO. 2, DUBUQUE,
IOWA
Whereas the Medica' Associates
Realty, _.P. has requested the vacating
of po~ons of Chavenelle Road and
Associates Drive.
Whereas, IIW Engineers &
Surveyors. P.C. has prepared and
submitted to the C~ Council a plat
showing the vacated portions of
Chavenelle Road and Associates Drive
and assigned lot numbers thereto,
which hereinafter shall be known ant
described as Lot C of Medica
Associates Subdivision and Lot C of
Medical Associates Subdivision No. 2
in the City of Dubuque, Iowa; aha
Whereas, the City Council of the City
of Dubuque, Iowa has determined that
these portions 9f Chavenelle Road and
Associates Drive are no longer
'eauired for public use, except for utility
easements as notee and vacating and
sale of said portions of alleys and
streets known as Lot C of Medical
Associates Subdivision and Lot C of
Medical Associates Subdivision No. 2
in the City of Dubuque, Dubuque
County, Iowa should be approved.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1. That the City of Dubuque
ntends to dispose of its interest in Lot
C of Medical Associates Subdivision
and Lot C of Medical Associates
Subdivision No. 2 in the City of
Dubuque, Iowa.
Section 2. That the conveyance of
Lot C of Medical Associates
Subdivision ane Lot C of Medical
Associates Subdivision No. 2 in the
City of Dubuque, Iowa to the Medical
Associates Realty, LP. be contingent
upon the payment of $300, plus
platting, publication and tiling fees.
Reqular Session, February 7; 2000
39
Section 3. The City of Dubuque
reserves unto itself a perpetual
easement including the dght of ingress
and egress thereto, for the purpose of
erecting, installing, constructing,
reconstructing, repairing, owning,
operating, and maintaining water,
sewer, drainage, gas, telephone, tv.
cable, and electdc lines as may be
authorized by the City of Dubuque,
Iowa.
Section 4. That the City Clerk be
and is hereby authorized and directed
to cause a notice of intent to dispose of
said real estate to be published in the
manner as prescribed by law.
Passed, approved and adopted this
7th day of February, 2000.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
At 8:15 P,M. Buol moved that they
go into Closed Session re: Pending
I.~gation (Iowa Code §21.5(1)(c) AND
Purchase of Real Estate (Iowa Code
§21.5(1)(j). Seconded by Michalski.
Motion carded 7-0.
At 8:43 P.M. Council reconvened
Regular Session stating that staff had
bean given proper direction.
There being no fur[her business,
Buol moved to adjourn the me~ng.
Seconded by Michalski. Motion carded
7-0~ The meeting adjourned at 8:44
P.M.
/s/Jeanne F. Schneider
City Clerk
Approved '~/? ,2000
A /,tad . ooo
~ Clerk
40 Special Session, February 14, 2000
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council Special Sessior..
February 14, 2000
Council Met at 6:15 P.M in the
Public Library Auditorium
Present: Mayor Duggan, Council
Members Buo], Ciine, Markham.
Michalski. Nicholson, Robbins. City
Manager Michael Van Millfgen,
Corporation Counsel Barry LindahL
Mayor Duggan read the call and
stated this is a Special Session of the
City Council called for the purpose m
discuss the issuance of Tax Increment
Financing Revenue Bonds for Eagle
Window and Door.
City Manager requesting
authorization [o issue $3,168,538 in
Tax Increment Revenue Bonds to
support the Eagle Window and Door
Expansion, presented and read. 9uol
moved that the communication be
received and filed. Seconded by
Nisholson. Motion carded 7-0.
RESOLUTION NO. 51-2000
A RESOLUTION REPEALING
RESOLUTION NO. 665-99
APPROVED DECEMBER 7, 1999,
AND IN LIEU THEREOF
AUTHORIZING AND PROVIDING FOR
THE ISSUANCE OF A $3,168,538
URBAN RENEWAL TAX INCREMENT
REVENUE BOND, TAXABLE SERIES
2000A, OF THE CITY OF DUBUQUE,
IOWA, AND PROVIDING FOR THE
SECURING OF SUCH BOND FOR
THE PURPOSE OF CARRYING OUT
AN URBAN RENEWAL PROJECT IN
THE AREA OF THE CITY OF
DUBUQUE, IOWA DESIGNATED AS
THE KERPER BOULEVARD
INDUSTRIAL PARK ECONOMIC
DEVELOPMENT DISTRICT
WHEREAS. the City Council of the
City of Dubuque, Iowa (the "City" ortho
"Issuer") did heretofore adopt an Urban
Renewal Plan by Resolution No. 274-
94 of this City Council approved on
August 15, 1994 [the "Urban Renewal
Plan"), under which ~lan there is to be
carded out urban renewal project
activities in an area designated as the
Kerper Boulevard Industrial Park
Economic Development Distdct (the
"Project Area"); and
WHEREAS it is presenfiy estimated
that the costs of carrying out the
purposes and provisions of the Urban
Renewal Plan for the Project Area,
including the purpose set forth in
Section 3 hereof, exceed $3,200,000,
and orovisions must now be made by
the City to provide for the payment of
such costs by the issuance of Bonds;
ano
WHEREAS. the City did, on August
15, 1994, adopt Ordinance No. 43-94,
(the "Ordinance"), under which the
taxes levied on the taxable property in
the Project Area shall be dMded, and a
special fund created under the
authority of Section 403.19(2) of the
Code of Iowa, as amended (which
special fund is hereinafter referred to
as the "Kerper Boulevard Urban
Renewal Tax Increment Revenue
Fund" or "Revenue Fund") which fund
was created in order to pay the
principal of and interest on loans,
monies advanced to or indebtedness
whether funded, refunded, assumed, or
otherwise, i~ciudi~g bonds Jesued
under the authority of Section 403.9(1)
of the Code of Iowa. as amended,
incurrec by the City to finance or
refinance in whole or n part urban
renewal project activities undertaken
within the Project Area, and pursuant to
which Ordinance such Revenue Fund
may be irrevocably pledged by the City
for the payment of principal and
interest on such indebtedness; and
WHEREAS, the notice of intention of
Issuer to take action for the issuance of
nm to exceed $3,200,000 Urban
Renewal Tax Increment Revenue
Bonds has heretofore been duly
published and no objections to such
proposed action have been filed; and
WHEREAS, by Resolution No. 665-
99 approved December 7. 1999, the
City has heretofore authorized the
issuance of $3,200,000 Urban Renewal
Tax Increment Revenue Bonds,
Taxable Sedss 1999D, which bonds
qave not been issued as then
anticipated due to the extension of time
subsequently granted to the Developer
To complete its acquisition of the
Development Property; and
WHEREAS, it is now necessary and
advisable that Resolution No. 665-99
be repealed and in leu thereof that
provic4ons now be made for the
issuance of the Bond to the amount of
Special Session,
$3,168,538 pursuant to the provisions
of Section 403.9(1) of the Code of
Iowa, payabte from a portion of the
income and proceeds of the Revenue
Fund and other funds of the City
derived from or bald in connection with
the undertaking and cam/lng out of the
Urban Renewal Plan for the Project
Area as desodbed herein.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, tN THE
COUNTY OF DUBUQUE, STATE OF
IOWA:
Section 1. ~. Thefollowing
terms shall have the following
meanings in this Resolution unless the
text expressly or by necessary
implication requires otherwise:
· "Bonds" or "Bond" shall mean the
$3,168,538 Urban Renewal Tax
Increment Revenue Bond, Taxable
Series 2000A, authorized to be issued
by this Resolution;
· "C~erk" shall mean the CH Clerk
or such other officer of the successor
Governing Body as shall be charged
with substantially the same duties and
rsspo nsibilitiss;
· "Corporate Seal" shall mean the
official seal of Issuer adopted by the
Governing Body;
· "Developer`' shall mean Otto A,
LLC, a Nevada limited liability
company;,
· "Development Agreement" shall
mean the Development Agreement
dated as of February 15, 1999 by and
among the City, the Developer and
Eagle Window & Door, Inc., an Iowa
corpore§on, as amended from time to
time;
· "Development Preperb/' shall
mean that portion of the Project Area
conveyed by the City to the Developer
under the terms of the Development
Agreement, upon which the Developer
has covenanted to construct the
Minimum Improvements, being legally
described as set forth in Exhibit B
thereto;
·"Eagle Window TIF Account"
means a separate account w~in the
Kerper Boulevard Urban Renewal Tax
Increment Revenue Fund of the City, in
which there shall be deposited all Tax
Increments received by the City in
respect of the Minimum Improvements
and the Development Property;
· "Fiscal Year" shall mean the
twelve-month pedod beginning on Jaly
I of each year and ending on the last
day of June of the following year, or
any other consecutive twelve-month
pedod adopted by the Governing Body
February 14; 2000
or by law as the official accounting
period of the Issuer;
· "Governing Bod~' shall mean the
City Council of the City, or its
successor in function with respect to
the operation and control of the Project
Area;
· "Independent Auditor`' shall mean
an independent firm of certified public
accountants or the Auditor of State;
+"Issuer" and "City" shall mean the
City of Dubuque, Iowa;
+"Kerper Boulevard Urban Renewal
Tax increment Revenue Fund" means
the special fund of the City created
under the authority of Section
403.19(2) of the Code of Iowa and the
Ordinance, which fund was created in
order to pay the principal of and
interest on loans, monies advanced to,
or indebtedness, whether funded,
refunded, assumed or otherwise,
including bonds or other obligations
issued under the authority of Section
403.19 or 403.12 of the Code of Iowa,
incurred by the City to finance or
refinance in whole or in part projects
undertaken pursuant to the Urban
Renewal Plan for the Project Area;
· "Minimum Improvements" shall
mean the construction by the
Developer on the Development
Property of a new manufacturing plant,
office floor space and required off-
street parking and loading facil~es, in
accordance with the terms of the
Development Agreement;
· "Original Purchaser`' shall mean
Dubuque Bank and Trust Company,
Dubuque; Iowa, as the purchaser of the
Bond from Issuer at the time of its
odginal issuance;
e"Pay~ng Agent~' shall be the City
Treasurer, ,or such successor as may
be approved by Issuer as provided
herein and who shall carry out the
duties prescribed herein as [ssuer`s
agent to provide for the payment of
principal of and interest on the Bond as
the same shall become due;
· "Project Area" shall mean the
Kerper Boulevard Industrial Park
Economic Development District of the
Issuer, as amended from time to time;
· "Pro~iect Fund" or "Construction
Account' shall mean the fund required
to be astablished by this Resolution for
the deposit of the proceeds of the
Bond;
· "Registrar`' shell be the CH
Treasurer of Dubuque, Iowa, or such
successor as may be approved by
issuer as provided herein and who
shall carry out the duties prescribed
herein with respect to maintaining a
42 Special Session, February 14, 2000
register of the owners of the E~ond.
Unless otherwise specified, the
Registrar shall also act as Transfer
Agent for the Bona:
+"Tax Increments" means the
property tax revenues dMded and
made available to the City for deposit in
the Kerper Bou[evard Urban Renewal
Tax Increment Revenue Fund under
the provisions of Sec~ea 403.19 of the
Code and the Ordinance:
+'q'reasurer" shall mean the City
Treasurer or such other officer as shall
succeed to the same duties and
responsibi[~ea with respect to the
recording and payment of the Bond
issued hereunder.
Section 2. Authority. The Bond
authorized by this Resolution shall be
issued pursuant to Section 403.9 of the
Code of Iowa, and in compliance witl-
ali applicable provisions of the
Constitution and laws of the State of
Iowa.
Section 3. Authorization, Purpose
and ADoroval of Related Documents.
There are hereby authorized to be
issued, a negotiable, sedal, fully
regmtared Urban Renewal Tax
Increment Revenue Bond, Taxable
Series 2000A, of the City of Dubuque,
in the .County of Dubuque. State of
Iowa, m the aggregate amount of
$3,168,538 for the purpose of paying
costs of in the planning, undertaking
and carrying out of urban renewal
project activities under the authority of
Chapter 403 of the Code of Iowa and
the Urban Renewal Plan for the Kerper
Boulevard Industrial Park Economic
Development Diatdct, including those
costs associated with the funding of an
economic development grant to Otto A
LLC, a Nevada limited liability
company, pursuant to and under the
cond~bsns set forth in that certain
Development Agreement dated as of
February 15, 1999, as amende~: from
time to time. by and among the City of
Dubuque, Eagle Window & Door, Inc.,
9n Iowa corporation, and Otto A, LLC,
in respect of certain minimum
improvements to be constructed and
jobs to be maintained and created by
said parties in the Kerper Bouisvard
Industrial Park Economic Development
Distfiat under said Deva[opment
Agreement.
The Purchase /~greement between
the City and the Original Purchaser
(the "Purchase .Z~greement"} and the
Advance of Proceeds Agreement
among the City, the Developer and the
Odginal Purchaser (the "Disbursement
Agreement") are hereby approved in
substantially the forms presented at
this meeting, and the Mayor and City
Clerk are authorized to execute ano
deliver the same on behalf of the City
with such changes as shall [o them,
upon the advice of Corporation
Counsel. be necessary or appropriate.
As set forth in the Disbursement
Agraemem and on the Deb[ Service
Schedule attached to the Bond.
proceeds of the Bond shall be orawn
upon by the Treasurer on the date of
issuance in the aggregate amount of
$24.600 and thereafter held in the
Project Fund until applied to costs of
issuance Additional proceeds
thereafter shall be drawn upon by the
Treasurer in the aggregate amount of
$2,700,000 on the dates and in the
amounts set forth in the Disbursement
Agreement and held in the Project
Fund until disbursed to the Developer
in accordance with the Disbursement
Agreement. Additional proceeds ofthe
3ond in the aggregate amount of
$443,938 also shall be drawn upon by
the Treasurer on the dates indicated or
the Debt Service Schedule attached [o
me Bond and deposited in the Sinking
Fund established in Section 16 hereof
and thereafter applied to the payment
of interest on the Bond on said dates.
Section 4. Source of Paymem. As
provided and required by Chapter 403
of the Code of Iowa. and Section 403.9
thereof, the Bond and interest thereon
shall De payable from and secured
solely and only by amounts deposited
and held from time to time in the Eagle
Window TIF Account of the City. The
City hereby covenants and agrees to
maintain the Ordinance in force during
the term of the Bond and to apply the
Tax Incrementa collected in respect of
the Development Property and the
Minimum ImprovemenTs located
thereon and allocated to the Eagle
Window TIF Account to the payment of
the principal of and interest on the
Bond The Bond shall not be pay'able
in any manner from other Tax
increments collected in respect of other
properties within the Project Area or by
general taxation or from any other City
funds.
The Bond shall not constitute an
indebtedness within the meaning of
any statutory debt limitation or
resttiction and shall not be subject to
the provisions of any other law relating
to the authorization, issuance or sale of
bonds.
The Bond shall recite in substance
that it has been issued by the City in
connection with an urban renewal
Special Session, Feb~y 1412000 43
project as defined in Chapter 403 of the
Code of Iowa, and in any suit, addon or
proceeding involving the validity or
enforceability of any Bond issued
hereunder or the security therefor, such
Bonds shall be conclusively deemed to
have been issued for such purpose and
such project shall be conclusively
deemed to have been planned, located
and carried out in accordance with the
provisions of Chapter 403 of the Code
of Iowa.
Section 5. ~-9~3.d_D_~b[~. An Urban
Renewal Tax Increment Revenue Bond
of the City in the amount of $3,168,538
shall be issued pursuant to the
provisions of Section 403.9 of the Code
of Iowa for the aforesaid purpose. The
Bond shall be designated "URBAN
RENEWAL TAX INCREMENT
REVENUE BOND, TAXABLE SERIES
2000A", be dated as of the date of
delivery, and bear interest from the
date thereof, until payment thereof, at
the office of the Paying Agant~ said
interest payable on June 30, 2000 and
semiannually thereafter on June 30th
and December 31at of each year until
maturity at the rate hereinafter
provided.
The Bond shall bear interest from
the date of disbursement of the
proceeds thereof at the rate of 9.10%
per annum until paid, and the Bond
shall mature in the principal amounts
set forth on the Debt Service Schedule
attached to the Bond as Exhibit A and
incorporated herein by this reference.
As set forth on said Debt Selvice
Schedule, principal shall be payable on
December 31, 2002 and semiannually
thereafter on June 30th and December
31st of each year in the amounts set
forth therein until principal and interest
are fully paid, except that the final
installment of the entire balance of
principal and interest, if not sooner
paid, shall become due and payable on
June 30, 2012.
The Bond shall be executed by the
manual signature of the Mayer and
attested by the manual signature of the
City Clerk, and impressed With the seal
of the City and shall be fully registered
as to both principal and interest as
provided in this Resolution; principal,
interest and premium, if any shall be
payable at the office of the Paying
Agent by mailing of a check to the
registered owner of the Bond. The
Bond shall be in the denomination of
$1,000 or multiples thereof and shall, at
the request of the Odginal Purchaser,
be issued initially as a single Bond in
the principal amount of $3,168,538 and
numbered R-1.
Section 6. Redem stior~. The
principal of the Bond may be called for
redemption by the Issuer and paid
before matudty on any date, from any
funds regardless of source, in whole or
from time to time in part, by gMng thirty
days' notice of redemption by
registered mail, to the registered owner
of the Bond. The terms of redemption
shall be par, plus accrued interest to
date of call
Section 7. Reaistration of Bon~;
Appointment of Registrar; Transfer;
Ownershin- Dalivervt and Cancellation.
la) Reoistration] The ownership of
the Bond may be transferred only by
the making of an entry upon the books
kept for the registration and transfer of
ownership of the Bond, and in no other
way. The Treasurer is hereby
appointed as Bond Registrar under the
terms of this Resolution. Registrar
shall maintain the books of the issuer
for the registration of ownership of the
Bond for the payment of principal of
and interest on the Bond as provided in
this Resolution. AI~ Bonds sharl be
negotiable as provided in Article 8 of
the Uniform Commercial Code and
Section 384.83(5) of the Code of Iowa,
subject to the provisions for registration
and transfer contained in the Bond and
in this Resolution.
(b) Transfer. The ownership of any
Bond may be transferred only upon the
Registration Books kept for the
registration and transfer of Bonds and
only upon surrender thereof at the
office of the Registrar together with an
assignment duly executed by the
holder or his duly authorized attorney in
fact in such form as shall be
satisfactory to the Registrar, along with
the address and social escudty number
or federal employer identification
number of such transferee (or, if
registration is to be made in the name
of multiple individuals, of all such
transferees). In the event that the
address of the registered owner of a
Bond (other than a registered owner
which is the nominee of the broker or
dealer in question) is that of a broker or
dealer, there must be disclosed on the
Registration Books the information
pertaining to the registered owner
required above. Upon the transfer of
any such Bond, a new fully registered
Bond, of any denomination or
denominations permitted by this
Resolution in aggregate principal
amount equal to the unmatured and
unredeemed principal amount of such
transferred fully registered Bond, and
44 Special Session, February 14, 2000
beadng interest at the same rate and
maturing on the same date or dates
shall be delivered by the Registrar.
(c) Registration r~f Transferr~
Bonds. In ail cases of the transfer of
the Bond, the Registrar shall register,
at the eadiest practicable time, on the
Registration Books, the Bond, in
accordance ,,v~h the provisions of this
Resolution.
{d) Ownerahio. As to any Bond, the
person in whose name the ownership
of the same shall be registered on the
Registration Books ef the Registrar
shall be deemed and regarded as the
absolute owner thereof far all
purposes, and payment of or on
account of the principal cf any such
Bond and the premium, if any, and
interest thereon shall be made only to
or upon the order of the registered
owner thereof or his legal
representative. All such payments
shall be valid and effectual to satisfy
and discharge the liability upon such
Bond, including the interest thereon; to
the extent of the sum or sums s~ paid.
(e) Cancellafinf~. All Bonds which
have been redeemed shall not be
reissued but shall be canceled by the
Registrar. All Bonds which are
canceled by the Registrar shall be
destroyed and a certificate of the
destruction thereof shall be furnished
promptly to the tssuer; provided that if
the Issuer shall so direct, the Registrar
shall forward the canceled Bonds to the
issuer.
(f) Non-Presentment of Ro~d.~ In
the event any payment check
representing payment of principal of or
interest on the Bond is returned to the
Paying Agent or is not presented for
payment of principal at the maturity or
redemption date, if funds sufficient to
pay such principal of er interest on
Bonds shall have been made available
to the Paying Agent for the benefit of
the owner thereof, all liability of the
Issuer to the owner thereof for such
interest or payment of such Bond shall
forthwith cease, terminate and be
completely discharged, and thereupon
it shall be the duty of the Paying Agent
to hold such funds, without liability for
interest thereon, for the benefit of the
owner of such Bonds who shall
thereafter be restricted exclusively to
such funds for any claim of whatever
nature on his part under this Resolution
or on, or with respect to, such interest
or Bonds. The Paying Agent's
obligation to hold such funds shall
continue for a period equal to two years
interest or principal became due,
whether at maturity, or at the date fixed
for redem¢on thereof, or otherwise, at
which time the Paying Agent, shall
surrender any remaining funds so held
to the Issuer, whereupon any claim
under this Resolution by the owners of
such interest or Bonds of whatever
nature shall be made upon the Issuer.
Section 8. Reissuanca of Mutilated,
Dsstreved Stolen or Lost Bonds. In
case any outstanding Bond shall
become mutilated or be destroyed,
stolen or lost, the Issuer shall at the
request of Registrar authenticate and
deliver a new Bond of tike tenor and
amount as the Bond so mutilated,
destroyed, stolen or lost, in exchange
and substitution for such mutilated
Bond to Registrar, upon surrender of
such mutilated Bond, or in lieu of and
substituti°n for the Bond destroyed,
stolen or lost, upon filing with the
Registrar evidence satisfactory to the
Registrar and Issuer that such Bond
has been destroyed, stolen or lost and
)roof of ownership thereof, and upon
furnishing the Registrar and Issuer with
satisfactory indemnify and complying
with such other reasonable regulations
as the Issuer or its agent may prescribe
and paying such expenses as the
Issuer may incur in connection
therewith.
Section 9. Record Dste. Payments
of principal and interest, atherwise than
upon full redemption, made in respect
of any Bond, shall be made to the
registered holder thereof or to their
designated agent as the same appear
on the books of the Registrar on the
15th day of the month preceding the
payment date. All such payments shall
fully discharge the obligations of the
Issuer in respect of such Bond to the
extent of the payments so made. The
final payment of principal shall only be
made upon surrender of the Bond to
the Paying Agent.
Section 10. Execution,
Authentication and Delivery of the
Bonds. Upon the adoption of this
Resolution, the MayOr and Clerk shall
execute and deliver the Bond to the
Registrar, who shall authenticate the
Bond and deliver the same to or upon
order of the Original Purchaser. No
Bond shall be valid or obligatory for any
purpose or shall be entitled to any dght
or benefit hereunder unless the
Registrar shall duly endorse and
execute on such Bond a Cedfficate of
Authentication substantially in the form
of the Certificate herein set forth. Such
CedJficata upon any Bond executed on
behalf of the Issuer shall be conclusive
Special Session, Feb~ ~4; ~00
4~
evidence that the Bond so
authenticated has been duly issued
under this Resolution and that the
holder thereof is entitled to the benefits
of this Resolution.
Section 11. Right to Name
Substifute Pavind Aaent or Reals)tar,
issuer reserves the right to name a
substitute, successor Registrar or
Paying Agent upon giving prompt
written notice to each registered
Bondholder.
Secfion 12. Form of B~f~d. Bonds
shall be pdnted in substantial
compliance with standards proposed
by the American Standards Institute
substantially in the form as follows:
I 17) I I (B) I
(1)
I (~ I I (3) I t 14) I [ (5)
(9)
[ (ga) ]
(lO)
(Continued on the back of this Bond)
FIGURE 1
(Front)
46 Special Session, February 14, 2000
(10) (16)
((ontinued)
FIGURE 2
(Back)
The text of the Bonds to be located
thereon at the item numcers ShOWn
shall be as follows:
Item 1, figure 1 = "STATE OF IOWA"
"COUNTY OF DUBUQUE"
"CITY OF DUBUQUE"
"URBAN RENEWAL TAX INCREMENT
~EVENUE BOND"
"TAXABLE SERIES 2000A"
[TAXABLE FOR FEDERAL INCOME
TAX PURPOSES]
Item 2, figure 1 = Rate: 9.10%
Item 3, figure I = Maturity: As
described hereir
Item 4, figure 1 = Bond Date: Date
of Delivery
Item 5. figure 1 = Cus 3 No.: N/A
Item 6, figure 1 = "Registered"
Item 7, figure I = Certificate No. R-1
Item 8, figure I = Principal Amount:
$3, 168.538
Item 9, figure 1 = The City of
Dubuque, Iowa. a municipal
corporation organized and existing
under and by virtue of the Constitution
and aws of the State of Iowa (the
"Issuer"), [or value received, promises
to pay from the source and as
hereinafter provided, on the maturity
dates described herein, to
Item 9A, [igure I = (Registration
panel to be completed by Registrar or
Special Session, FebrUary 14, 2000
47
Printer with name of Registered
Owner).
item 10, figure 1 = or registered
assigns, the principal sum of (bdncin~l
amount wfilten oW'0 THOUSAND
DOLLARS in lawful money of the
United States of America, odiy upon
presentation and surrender hereof at
the office of the City Treasurer, Paying
Agent of this issue, or his successor,
with interest on said sum from the date
hereof until paid atthe rate per annum
specified above, payable on June 30,
2000, and semiannually thereafter on
June 30th and December 31st of each
year until matudty as hereinafter
provided.
This Bond shall bear interest from
the date of disbursement of the
proceeds hereof at the rate of 9.10%
per annum until paid, which
disbursements shall be made on the
dates and in the amounts set forth on
the Debt Service Schedule attached
hereto as Exhibit A and incorporated
herein by this reference. As set forth
on said Debt Service Schedule,
principal shall be payable on December
31, 2002 and semiannually thereafter
on June 30th and December 31st of
each year in the amounts set forth
therein until principal and interest are
fully paid, except that the final
installment of the entire balance of
principal and interest, if not sooner
paid, shall become due and payable on
June 30, 2012.
Interest and pfincipal shall be paid to
the registered hdider of the Bond as
shown on the records of ownership
maintained by the Registrar as of the
15th day of the month next preceding
such interest payment date. Interest
shall be computed on the basis of a
360-day year of twelve 30-day months.
THE ISSUER DOES NOT INTEND
OR REPRESENT THAT THE
INTEREST ON THIS BOND WILL BE
EXCLUDED FROM GROSS INCOME
FOR FEDERAL INCOME TAX
PURPOSES UNDER SECTION 103
OF THE INTERNAL REVENUE CODE
OF 1986, AS AMENDED, AND THE
ISSUER IS NOT OBLIGATED TO
TAKE ANY ACTION TO ATTEMPT TO
SECURE ANY SUCH EXCLUSION.
THE HOLDER OF THiS BOND
THEREFORE SHOULD TREAT THE
INTEREST THEREON AS BEING
SUBJECT TO FEDERAL INCOME
TAXATION.
This Bond is issued pursuant to the
provisions of Section 403.9 of the Code
of Iowa, as amended, for the purpose
of paying costs of aiding in the
planning, undertaking and carrying out
of urban renewal project activities
under the authority of Chapter 403 of
the Code of Iowa and the Urban
Renewal Plan for the Kerper Boulevard
Industrial Park Economic Development
District, incruding those costs
associated with the funding of an
economic development grant to Otto A,
LLC, a Nevada limited liability company
(the "Developer'), pursuant to and
under the conditions set forth in that
certain Development Agreement dated
as of February 15, 1999, as amended
from time to time, by and among the
City of Dubuque, Eagle Window &
Door, Inc., an Iowa corporation, and
Otto A, LLC, in respect of certain
minimum improvements to be
constructed and jobs to be maintained
and created by said parties in the
Kerper Boulevard Industrial Park
Economic Development District under
said Development Agreement, in
conformity to a Resolution of the
Council of said City duly passed and
approved. This Bond is not an
indebtedness within the meaning of
any statutory provisions, or a general
obligation of the City.
This Bond may be called for
redemption by the issuer and paid
before maturity on any date, from any
funds regardless of source, in whole or
from fime to time in part, by giving thirty
days' notice of redemption by
registered mai] to the registered owner
of the Bond. The terms of redemption
shall be par, plus accrued interest to
date of call.
Ownership of this Bond may be
transferred only by transfer upon the
books kept for such purpose by the
City Treasurer, the Registrar. Such
transfer on the books shall occur only
upon presentation and surrender of this
Bond at the office of the Registrar,
together with an assignment duly
executed by the owner hereof or his
duly authorized attorney in the form as
shall be satisfactory to the Registrar.
Issuer reserves the fight to substitute
the Registrar and Paying Agent but
shall, however, promptly give notice to
registered Bondholders of such
change. All Bonds shall be negotiable
as provided in Article 8 of the Uniform
Commercial Code and Section
384.83(5) of the Code of Iowa, subject
to the provisions for registration and
transfer contained in the Bond
Resolution.
This Bond, as provided in the Bond
Resolution of which notice is hereby
g~ven and is hereby made a part
48 Special Session, February 14, 2000
~ereof. is payable from and secured by
a pledge of the tax incremen[ revenues
col[ectad in respect of the Developer's
3repertiss located within the Kerper
3oulevard Indusffial Park Economic
Development Distdct (the "Project
Area"), as defined and provided in said
Resolution. as referred to and
authorized in subsection 2 of Section
403.19 of the Code of owa as
amended ("incremental taxes"). There
has heretofore eden established and
the City covenants and agrees that it
will maintain in force an ordinance
providing for the division of incremental
[axes within the Project Area and for
the establishment of a sinking fund to
meet the principal of and interest on
this Bond as the same becomes due
This Bond is nm payable In any
manner from other incremental taxes
collected in respect of other properties
within the Project Area or by general
taxation and under no circumstances
shall the City De in any manner liable
by reason of the failure of said tax
increment revenues to be sufficient for
the payment hereof.
And it is hereby represented and
ceffdfied that all acts. conditions and
things requisite, according to the laws
and Constitution of the State of Iowa, to
exist, to be had. to be done, or to be
performed precedent to the lawful issue
of this Bond, have been existent, had.
done and performed as required by
[aw'.
IN TESTIMONY WHEREOF, said
City by its City Council has caused this
Bond to be signed by the manual
signature of its Mayor and attested by
the manual signature of its City Cterk,
with the seal of said City impressed
hereon, aha authenticated by the
manual signature of an authorized
representative of the Registrar. the Cb
Treasurer, Dubuque, Iowa.
Item 11, figure 1 = Date of
authentication:
Item 12, figure 1 = This is one of the
Bonds described in the within
mentioned Resolution, as registered by
the City Treasurer.
CITY TREASURER
By:
Registrar
Item 13. figure I =
Registrar and Transfer Agent: City
Treasurer
Paying Agent: City Treasurer
Item 14, figure I = (Seal)
Item 15, figure 1 = [Signature Block]
CITY OF DUBUQUE. IOWA
By: Mayor's manual signature
Mayor
ATTEST:
By: City Clerk's manual sianature
City Clerk
Item 16, figure 2 =It is ceCdfied that
the following is a correct and complete
copy of the opinion of bond counsel
issued as of the date of delivery of the
issue of which this Bond is a part.
~'manual sianature3
City Clerk
[Opinion of Bond Counsell
Item 17, figure 2 =[Assignment Block]
Information Required for Registration]
ASSIGNMENT
For value received, the undersigned
hereby sells, assigns and transfers
unto (Social Security or
Tax Identification No. ) the
within Bond and does hereby
irrevocably constitute and appoint
a[[orney in fact to
transfer the said Bond on the books
kept for registration of the within Bond,
With full cower of subsittufion in the
premises.
Dated:
(Person(s) execul]ng
Assignment sign(s) here)
SIGNATURE )
GUARANTEED)
this
IMPORTANT - READ CAREFULLY
The signature(s) to this Power must
correspond with the name(s) as written
upon the face of the cert~cate(s) or
bond(s) n every particular without
alteration or enlargement or any
cnange whatever. Signature ;~uaran[ee
must be provided in accordance with
the prevailing standards and
proceaures of the Registrar and
Transfer Agent. Such standards and
procedures may require s~gnature to be
guaranteed by certain eligible
guarantor institutions that participate in
a recognized signature guarantee
program.
INFORMATION REQUIRED FOR
REGISTRATION OF TRANSFER
Name of Transferee(s)
Address of Transferee(s)
Social Secuitty or Tax
Identification Number of
Transferee(s)
Transferee is a(n):
individual*
Corporation
Partnership
Special Session, Febr~a~+ 1~i 2000
49
Trust
*If the Bond is to be registered in the
names of multiple individual owners,
the hemes of ell such owners and one
address and social secur'~ number
must be provided.
The following abbreviations, when
used in the inscfipfion on the fece of
this Bond, shell be construed as though
written out in full according to
applicable lews or regulations:
TEN COM - es tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with fight of
survivorship and not as tenants in
common
IA UNIF TRANS MIN ACT
......... Custodian ..........
(Cust) (Minor)
under Iowa Uniform Transfers
to Minors Act. ...............
(State)
ADDITIONAL ABBREViAT(ONS MAY
ALSO BE USED THOUGH NOT IN
THE ABOVE LIST.
Section 13. ~. The
timely payment of principal of and
interest on the Bonds shall be secured
equally and ratably by the Tax
Increments collected and allocated to
the Eagle Window TIF Account without
pdodty by reason of number or time of
sale or dalivery; and the Tax
Increments collected and allocated to
the Eagle Window TIF Account are
hereby irrevocably pledged to the
timely payment of both principal and
interest as the same become due.
Section 14. Aoplicafion of BonrJ
Proceeds. Proceeds of the Bond shall
be drawn upon and applied as
described in Section 3 hereof. Subject
to the limitafions contained in Code
Section 403.9(1) any amounts on hand
in the Project Fund shall be available
for the payment of the principal of or
interest on the Bond at any time that
other funds of the Project shall be
insufficient to the purpose, in which
event such funds shall be repaid to the
Project Fund at the eadiest opportunity.
Any balance on hand in the Project
Fund and not immediately required for
its purposes may be invested not
inconsistent with limitations provided by
law or this Resolution.
Section 15. Tax Levy. After its
adoption, a copy ef this ReeolutJon
shall be filed in the office of the County
Auditor of Dubuque County to evidence
the pledging of the po~on of taxes to
be paid into the Eagle Window TIF
Account and, pursuant to the direction
of Section 403.19 of the Code of Iowa,
the Auditor shall thereafter allocate the
taxes in accordance therewith and in
accordance with the Ordinance
referred to in the preamble hereof.
It is hereby certified that the annual
amount of Tax Increments to be
collected pursuant to Section 403.19(2)
of the Code of Iowa shall be not less
than the annual requirement for
principal and interest, as follows:
Amount of Principal
Fiscal Year (July 1 to June 30)
and IntereSt Year of Collecti~q
$174,150 2000/2001
269,787 2001/2002
489,286 2002/2003
489,286 2003/2004
489,286 2004/2005
489,286 2005/2006
489,286 2006/2007
489,286 2007/2008
489,286 2008/2009
489,286 2009/2010
489,286 2010/2011
489,286 2011/2012
Section 16. Application of Revenues.
From and after the delivery of the
Bond, and as long as the Bond shall be
outstanding and unpaid either as to
principal or as to interest, or until the
Bond shall have been discharged and
satisfied in the manner provided in this
Resolution, the Tax Increments
collected in respect of the Development
Property and the Minimum
Improvements located thereon shall be
deposited as collectad in the Eagle
Window TIF Account and shall be
disbursed only as follows:
(a) Sinkino FUnd There is hereby
established and shall be maintained a
special fund within the Eagle Window
T[F Account from which interest and
pfincipal onthe Bond will be paid. The
fund shall be known as the Eagle
Window Principal and Interest Fund
the "Sinking Fund"). The amount to
be deposited in the Sinking Fund in any
year shall be an amount equal to the
interest and principal coming due on
such Bond during the fiscal year.
Money shall be first deposited into the
interest Account of the Sinking Fund to
an amount equal to the interest falling
due in each fiscal year. Money shall
next be deposited into the Principal
Account of the Sinking Fund to an
amount equal to the principal falling
due in each fiscal year. Money in the
Sinking Fund shall be used solely for
the purpose of paying principal of and
interest on the Bond, as the same shall
become due and payable.
lb) SurPlus Reventle ~l revenues
thereafter remaining in the Eagle
Window TIF Account shall be
50 Special Session, February 14, 2000
deposited to remedy any deficiency in
any of the funds created by this
Resolution, or may be used to pay or
reimburse the Issuer for other loans,
moneys advanced to or indebtedness
incurred to finance or refinance in
whole or in part the project of the
Developer, as permitted by law, or may
be used to pay or redeem the Bond or
for any other lawful purpose.
Moneys on hand in the Project Fund
and all of the funds provided by this
Section may be invested only in direct
ob[igstions of the United States
Government or deposited in financial
institutions which are members of the
Federal Deposit Insurance Corporation
("FDIC") and the deposits in which are
insured thereby and all such deposits
exceeding the maximum amount
insured from time to time by FDIC or its
equivalent successor in any one
financial institution shall be
continuously secured by a valid pledge
of direct obligations of the United
States Government having an
equivalent market value. Alternatively,
such moneys may be invested in tsx-
exempt bonds or obligaitons of any
state or political subdivision thereof
which are rated by Moody's Investors
Service or Standard & Poor's
Corporation at a rating classification
equal to or better than the rating
carried by the Bond or, in the case of
short-term obligations, a rating of MIG-
1 S&P-1 or bette[ Alt such interim
investments shall ma[ure before the
date on which the moneys are required
for the purposes for which sa~d fund
was crsstec or otherwise as herein
provided. The orovisions of this
Section shall no[ be construed to
require the Issuer to maintain separate
bank accounts for the funds created by
this Section: except the Sinking Fund
shalI be maintained n a separate
account but may be invested in
conjunction with other funds of the City
sut designated as a trust fund on the
~ooks and records of the City.
Ali income clerived from sucl'
investments shall be deposited in the
Eagle Window Tlr Account and shall
be regarded as revenues thereo[
Such investments shall at any time
necessary be liquidated and the
proceeds thereof applied to the
purpose for which the respective fund
was created.
Section 17. Covenants Reaardine
the Operation of the Project Area. The
issuer hereby covenanzs and agrees
with each and every holder of the
Bond:
(a) Maintenance in Force. The
Issuer will maintain the Urban Renewal
Plan and the Ordinance in force and
wi cause the ncrementa taxes from
the Development Property and
Minimum Improvements to be levied
annually in an amount not less than the
principal and interest falling due within
the year, and applied as provided in
this Resolution, unless the Bonds are
paid or sufficient provision for their
payment is made. Provided, however,
that to the extent that amounts are on
hand and are sufficient to meet the
payments required to be made and to
maintain a sufficient balance in each
fund as required by this Resolution, the
Issuer may abate the levy of
incremental taxes in any year.
(b) Accounfina and Audits. The
Issuer will cause to be kept proper
books and accounts adapted to the
Project Area and in accordance with
generally accepted accounting
practices, and wilt cause the books and
accounts to be audited annually not
later than 180 days after the end of
each fiscal year by an Independent
Auditor and will provide copies of the
audit report to the Original Purchaser
upon request. The Original Purchaser
and holders of any of the Bonds shall
have at all reasonable 'dross the dght to~
inspect the Issuer's records, accounts
and data of the issuer relating to the
Revenue Fund or the Eagle Window
Tlr Account.
(c) State Laws. The issuer wi[]
faithfully and punctually perform all
duties with reference [o the Urban
Renewal Plan required by the
Constitution and laws of the State of
Iowa. and will segregate the revenues
of the Project Area and apply said
revenues to the funds as specified in
this Resolution.
(d) Amendments. The Issuer
reserves the dght to amend the Urban
Renewal Plan for the Project Area and
the Ordinance in its awful discretion:
provided, that n no even[ shall
obligations rssu[tJng from an
amendment or merger thereof have
any priority over the Bond.
Section 18. Remedies of
Bondholders. Except as herein
expressly limited the holder or holders
of the Bonds shall have and ~ossess
all the rights of action and remedies
afforded by the common law, the
Constitution and statutes of the State of
Iowa, and of the United States of
America, for the enforcement of
~aymem of their Bonds and interest
thereon, and of the pledge of the
Special Session, Fel~ 1 ~00
51
revenues made hereunder, and of all
covenants of the Issuer hereunder.
Section 19. No Prior Lien or Padty
Bonds The Issuer will issue no other
bonds or obligations of any kind or
nature payable from er enjoying a lien
or claim on the property or revenues of
the Eagle Windew TIF Account having
priority ever the Bond or standing en a
padty therewith with respect to the lien
and claim of such addifional obligations
to the revenues thereof and the money
on deposit in the funds created in this
Resolufion, without the wdtten consent
of the Odginal Purchaser or other
registered helder of the Bond.
Section 20. Discharge and
Satisfaction of Bonds. The covenants,
lions and pledges entered into, created
or imposed pumuant to this Resolution
may be fully discharged and satisfied
with respect to the Bond in any one or
more of the following ways:
(a) By paying the Bond when the
same shall become due and payable;
or
(b) By dopes'rang in trust with the
Treasurer, or with a corporate trustee
designated by the governing body for
the payment of said obligations and
irrevocably appropriated exclusively to
that purpose an amount in cash or
direct obligations of the United States
the maturities and income of which
shall be sufficient to retire at maturity,
or by redemption pdor to maturity on a
designated date upon which said
obligations may be redeemed, ail of
such obligations outstanding at the
time, together with the interest thereon
to maturity or to the designated
redemption date, premiums thereon, if
any that may be payable on the
redempfion of the same; provided that
proper notice of redemption of all such
obligations to be redeemed shall have
been previously published or provisions
shall have been made for such
publication.
Upon such payment or deposit of
money or secudfies, or both, in the
amount and manner provided by this
Section, all liability of the Issuer with
respect to the Bonds shall cease,
determine and be completely
discharged, and the holdem thereof
shall be enfified only to payment out of
the money or securities so deposited.
Section 21. Rssolution a Contract
The provisions of this Resolution shall
constitute a contract between the
issuer and the holder or hotdem of the
Bond, and after the issuance of any of
the Bond no change, variation or
alteration of any kind in the previsions
of this Resolution shall be made in any
manner, except as provided in the next
succeeding Section, until such time as
all of the Bond, and interest due
thereon, shall have been satisfied and
discharged as provided in this
Resolution.
Section 22. Modification of
Resolution. This Resolution may be
amended from time to time if such
amendment shall have been consented
to by holders of not less than two-thirds
in principal amount of the Bonds at any
time outstanding (not including in any
case any Bonds which may then be
held or owned by or for the account of
the Issuer, but including such
Refunding Bonds as may have been
issued for the purpose of refunding any
of such Bonds if such Refunding Bonds
shall not then be owned by the Issuer);
but this Resolution may not be so
amended in such manner as to:
(a) Make any change in the maturity
or interest rate of the Bonds, or modify
the terms of payment of principal of or
interest on the Bonds or any of them or
~mpose any conditions with respect to
such payment;
(b) Matedaliy affect the dghts of the
holders of less than all of the Bonds
then outstanding; and
(c) Reduce the percentage of the
principal amount of Bonds, the consent
of the holders of which is required to
effect a further amendment.
Whenever the Issuer shall propose
to amend this Resolution under the
provisions of this Se~on, it shall cause
notice of the proposed amendment to
be filed with the Original Purchaser or
to be mailed by seated mail to any
other registered owner of the Bond as
shown by the records of the Registrar.
Such notice shall sat forth the nature of
the proposed amendment and shall
state that a copy of the proposed
amendatory Resolution is on file in the
office of the City Clerk.
Whenever at any time within one
~ear from the date of the mailing of
said notice there shall be filed with the
City Clerk an instrument or instruments
executed by the holders of at least two-
thirds in aggregate principal amount of
the Bonds then outstanding as in this
Secfion defined, which instrument or
instruments shall refer to the proposed
amendatory Resolution described in
said notice and shall specifically
consent to and approve the adoption
thereof, thereupon, but not otherwise,
the governing body of the Issuer may
adopt such amendatory Resolution and
such Resolution shall become effective
Special Session, February 14, 2000
52
and binding upon the ho[dem of all of
the Bonds.
Any consent given by the holder of a
Bond pursuant to the provisions of this
Section shall be irrevocable for a
pedod of six months from the date of
the instrument evidencing such
consent and shall 3e conclusive and
binding upon all future holdem of the
same Bond dudng such period. Such
consent may be revoked a[ any time
after six months from the date of such
instrument by the holder wno gave
such consent or by a successor in title
by filing notice of such revocation with
the City Clerk.
The fact and date of the execution of
any instrument under the provisions of
this Section may be proved by the
certificate of any officer n any
jurisdiction who by the laws thereof is
authorized to take acknowledgments of
deeds within such jurisdiction that the
person s~gn[ng SUCh instrument
acknowledged before him the
execution thereof, or may be proved by
an ~davit of a witness to such
execution sworn to before such officer.
The amount and numbers of the
Bonds held by any person executing
such instrument and the date of his
holding me same may be proved by an
affidavit by such person or cy a
certificate executed by an officer of a
bank or trust company showing that on
the date therein mentioned such
person had on deposit with such bank
or trust company the Bonds described
in such certificate.
Section 23. Severebility. f any
section, paragraph, or provision of this
Resolution shall be held to be invalid or
unenforceable for any reason, the
invalidity or unenforceability of such
section, paragraph or provision shall
not affect any of the remaining
provisions.
Section 24. Repeal of Conflicting
Ordinances or Resolutions and
Effective Date. All other ordinances
resolutions and orders, or parts thereof,
In conflict with the provisions of this
Resolution are. to the extent of such
conflict, hereby reoealed, including but
not limited to Resolution No. 665-99:
and this Resolution shall be in effect
from and after its adoption.
Passed and approved this 14th day
of February, 2000.
Terrence M. Duggan, Mayor
ATTEST: Jeanne F. Schneider, City
Clerk
Buol moved adoption of the
resolution. Seconded by Nichdison.
Motion carded 7-0.
There being no further business.
Buol moved to adjourn. Seconded by
Nicholson. Motion carried 7-0. The
meeting adjourned at 6:17 P.M
/s/Jeanne F. Schneider
City Clerk
Approved/~'~¢'~--Y / .2000
Aeoptee /n o00
Regular Session, February 16~ 2000 53
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session,
February 16, 2000
Council met at 6:15 P.M. in the
Public Library Auditorium
Present: Mayor Duggan, Council
Members Buol, Cline, Michalsld,
Nicholson, Robbins, City Manager
Michael Van Mifiigen, Corporation
Counsel Barry Lindahl.
Absent: Council Member Markham.
Mayor Duggan read the call and
stated this is a Special Session of the
City Council called for the purpose to
discuss support of a Memorandum of
Understanding for the Dubuque County
Historical Society.
City Manager recommending support
ora Memorandum of Understanding for
the Dubuque County Historical
Socie~s River Discovery Center,
presented and read. Michalski moved
that'the communication be received
and filed and recommendation
approved. Seconded by Robbins.
Motion carded 7-0.
There being no further business,
Michalski movedto adjourn. Seconded
by Robbins. Motion carded 7-0. The
meeting adjourned at 6:17' P.M.
/s/Jeanne F. Schneider
City Clerk
Approved . ~'~./~--~/ / ,2000
Attest ~ ~
~y Clerk
54 Regular Session, February 21, 2000
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council. Regular Session
February 21 2000
Council Met at 6:30 P.M. in [he
Public Library Auditorium
Present: Mayor Duggan, Council
Members Buol Cline Markham.
Michalski, Nicholson, Robbins, City
Manager Michael Van Milligen,
Corporation Counsel Barry LindahL
Mayor Duggan reati the call and
stated this is the Regular Session of
the City Council called for the purpose
to act upon such business which may
propedy come before the Council.
The invocation was given by St.
Jeanette McCarthy, Director of the
Hispanic Ministry at St Patrick's
Catholic Church.
MINUTES SUBMITTED: Civil
Service Commission of 1/20;
Community Development Advisory
Commission of 1/18: Electrical Code
~oard of 2/7: Park and Recreation
Commission of 2/8; Transit Trustee
Board of 1/13, presented and read
Buol movea that the minutes be
received and filed. Seconded Dy
Robbins. Motion carried 7-0~
Investment Overnight Commission
submitting their 27th quarterly repo~,
presented and read. Buol moved that
the report be received and fi[ed.
Seconded Dy Robbins. Motion carded
7-0.
Proof of Publication for List of Claims
aha Expenditures and Summary of
Revenues for December 1999: Proof
of Publication for Council Proceedings
for meeting of January 17. 2000;
presented and read. Buol moved that
the ~roof be received and filed.
Seconded by Robbins Motion carded
7-0.
City of Dubuque Financial Report for
month ending January 31, 2000,
presented and read. Buol moved that
the report be received and tiled.
Seconded by Robbins. Motion carded
7-0.
NOTICES OF CLAiMS/SUITS:
Robert E. Anderson in estimated
amount of $207.00 for property
damage; David Grady in estimated
amount of $65.00 for property damage;
River City Paving Division of Mathy
Construction Company in estimated
amount of $8.831.41 presented and
reao. ~uol moved that the claims and
suits be referred [o the Legal Staff for
investigation eno report. Seconded by
Robbins Motion carried 7-0.
Corporation Counsel advising
following claims have been referred to
Public Entity Risk Services of iowa, the
agen[ for the iowa Communities
Assurance Poe for the following
claims: personal injury claim of LuAnn
Cox: and persona[ injury claim of Nora
Gierens. presented and read. Buei
'noved that the communication be
received and filed. Seconded by
Robbins. Motion carried 7-0.
Corporation Counsel recommending
denial of property damage claim of
Craig and Shed Kruser Buol moved
that the communication be received
and flied aha recommendation
approvee. Seconded by Robbins.
Motion carried 7-0.
Corporation Counsel recommending
that the properly damage claim of
Banner Investments be forwarded to
Podzen Construction. presented and
reao Buo moved that the
communication De received and fi[ed
recommendation approved. Seconded
by Robbins. Motion carried 7-0.
Communication from Kad Stieg[itz,
Agd Grain ~larketing, regarding barge
fleeting, presenma and read. Buo]
moved that the communication be
received and filed. Seconded by
Robbins. Motion carded 7-0
Dubuque MetroDolitar Area Solid
Waste Agency submitting their Fiscal
Year 2001 budget and landtill fees,
presented and read. Buo[ moved that
the communication be received and
tiled. Seconded by Robbins. Motion
carded 7-0.
Communication of the Dubuque
County Zoning Commission regarding
a public heating to hear a rezoning
request of Randy and Melanie Root,
presented and read. Buol moved that
the communication be received and
Regular Session, February 21,2000
filed. Seconded by Robbins. Motion
carded 7-0.
Communication of the Histodc
Preservation Commission regarding an
upcoming seminar to be held on
February 29, 2000, presented and
read. Buol moved that the
communica~on be rece'~,ed and filed.
Seconded by Robbins. Motion carded
City Manager recommending
approval of an agreement between the
City of Dubuque and the Amalgamated
Transit Union, presented and read.
Buol moved that the communication b~
received and filed. Seconded by
Robbins. Motion carded 7-0.
RESOLUTION NO. 52-00
APPROVING THE AGREEMENT
BETWEEN THE CITY OF DUBUQUE,
IOWA AND THE AMALGAMATED
TRANSIT UNION, LOCAL #329, AND
AUTHORIZING THE MAYOR TO SIGN
THE AGREEMENT
Whereas, the Sixty-Fifth General
Assembly adopted the Public
Employment Relations Act, Chapter 20,
Code of lowa, and
Whereas, the City of Dubuque is a
public employer within the meaning of
Section 3 (1) of the Public Employment
Relations Act;, and
Whereas, the Amalgamated Transit
Union, Local #329, is an employee
organization within the meaning of
Section 3 (4) of the Public Employment
Relations Act;, and
Whereas, the Amalgamated Transit
Union, Local ¢~329, submitted a request
to bargain collectively on behalf of the
employees within its representation;
and
Whereas, bargaining between the
parties has occurred and an agreement
has been concluded.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the terms of the
agreement be approved and the Mayor
authorized and directed to sign the
Collective Bargaining Agreement
Passed, approved and adopted this
21" day of February, 2000.
Terrance M. Duggeo, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carded 7-0.
Cb Manager recommending
approval of an Administrative Se~ces
' Agreement between the City of
Dubuque and Health Choices, Inc., for
administration of the City's medical,
disability and cafeteria plans,
presented and read. Buol moved that
the communication be received and
filed and recommendation approved.
Seconded by Robbins. Motion carded
7-0.
City Manager recommending
acceptance of the Curb Modification
Project at 21st and Central Avenue,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Robbins. Motion
carded 7-0,
RESOLUTION NO. 53-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the Curb
Modification Project at 21st and Central
has been completed and the City
Manager has examined the work and
filed his ced~cata stating that the
same has been completed according to
the terms of the contract, plans and
specifications and recommends its
acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Secfion 1. That the recommendation
of the City Manager be approved and
that said impmvemeot be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Fiscal Year 2000 Street
Construction Fund in amount equal to
the amount of this contract, less any
retained percentage provided for
therein.
Passed, approved and adopted this
21st day of February, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 54-00
FINAL ESTIMATE
Whereas, the contract for the Curb
Modification Project at 21st and Central
has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof
including the cost of estimates, notices
and inspection and all miscellaneous
costs;
NOW THEREFORE, BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
56 Regular Session, February 21, 2000
Section 1 That the cost of said
improvement is hereby determined to
be $20,587.47 and the said amount
shall be paid from the Fiscal Year 2000
Street Construction Fund of the City of
Dubuque, Iowa.
Passed, approved and adopted this
21st day of February, 2000.
Terranca M. Duggan, Mayor
Attest Jeanne F. Schneider. City Clerk
BuoJ moved aooption of the
resolution. Seconded by Robbins.
Motion carded 7-0.
Acceptance of warranty deed to the
former Army Surplus Store from
Dubuque nitiatives, presented and
read. Buol moved that the
communication be received and filed.
Seconded by Robbins. Motion carded
7-0.
RESOLUTION NO, 55-00
A RESOLUTION ACCEPTING THE
DEED TO CERTAIN REAL ESTATE IN
DUBUQUE COUNTY, IOWA FROM
DUBUQUE INITIATIVES.
Whereas, the City of Dubuque
entered into a Purchase /~greement
with Dubuque Initiatives for the
following described real property in
Dubuque County, Iowa:
The South 25~5/12 feet cf Lot 72;
and Lot 72A in the City of Dubuque,
lo~a. according to the United State
Commissioners' Mae of the Town of
Dubuque, Iowa
And Whereas, the terms of the
Purchase Agreement have now been
met;
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
AS FOLLOWS:
1 The City of Dubuque hereby
accepts the Deed from Dubuque
ln~atives, a copy of which is attached
hereto.
2. The City Clerk is hereby
author[zed and directed to record this
Resolution and the Deed with the
Dubuque County Recorder as provided
in Iowa Code Sec. 569.7,
Passed, approved and adopted this
21st day of February, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider
Buol moved adoption of the
resolution. Seconded by Rabbins.
Motion carded 7-0.
Letter from the National League of
Cities advising that Council Member
Dan Nicholson has been selected to
serve on the 2000 informatio~
Technology and Communications
Steedng Committee. presented aha
teaC. Michalski moved that the
communication be received and flied.
Seconded by Robbins. Motion carded
7-0
Zoning Advisory Commission
approving the Plat of Survey of Lot I of
6. Lot 2 of 6. Lot 3 of 6. Block 10 of
Sunny Slope Estate, presented and
read. Buol moved that me
communication be received and filed.
Seconded by Robbins Motion carried
7-0.
RESOLUTION NO. 56-00
RESOLUTION APPROVING THE
PLAT OF SURVEY OF LOT 1 OF 6,
LOT 2 OF 6, AND LOT 3 OF 6,
BLOCK 10 OF SUNNY SLOPE
ESTATES IN THE CITY OF
DUBUQUE, IOWA.
Whereas. there has bee~ ~iled With
the City Clerk a plat of survey of Lot 1
of 6 Lot 2 of 6, and Lot 3 of 6, Block
10, Sunny Slope Estates, in the City of
Dubuque, Iowa; and
Whereas, said plat provides Lot 2 of
6 with 1,980 square feet of lot area.
where 2,500 square feet is required by
Section 42-19(b) of the Subdivision
Regulations; and
Whereas, said survey plat has been
examined by the Zoning Advisory
Commission and had its approval
endorsed thereon; and
Whereas~ said survey plat has been
examined by the City Council and they
~ind that it conforms to the statutes and
ordinances retating thereto.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE IOWA:
Section 1. That Section 42-19(b) of
me Subdiv'~ion Regulations is waived
to allow Lot 2 of 6 to have 1,980 square
feet of lot area. where 2.500 square
feet is required.
Section 2. That the ex[sting
condominiums are reviewed by the
Building Official for compliance with
Building Code requirements for
townhouses.
Section 3. That the plat of survey of
Lot 1 of 6. Lot 2 of 6, and Lot 3 of 6=
Block I0, Sunny Slope Estates. is
hereby approved and the Mayor ano
City Clerk are hereby authorized ano
directed to endorse the approval of the
City of Dubuque, Iowa, upon said final
plat.
Passe~, approved and adopted this
21 st day of February, 2000.
Terrance M. Duggan, Mayor
Reqular Session, February 21~ 2000 57
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF RESOLUTION
NO. 56-00
We, the undersigned, Thomas P.
Swift, II; and June M. Krehn-Swiff,
having read the terms and conditions of
the Resolution No. 56-00 and being
familiar with the cond~ons thereof,
hereby accept this same and agree to
the conditions required therein.
Dated in Dubuque, iowa this day of
,2000.
NOT SIGNED AS OF APRIL, 2000.
By:.
Thomas P. Swift, Ii
By:
June M. Krehn-Swift
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
February 16, 2000
Honorable Mayor and Members of the
City Council
In accordance with Chapter 400 of
the 1999 Code of Iowa, the CMl
Service Commission conducted a
written entry examination on May 26,
1999 for the position of Police
Officer/Entry Level in the Police
Department.
Sixteen indMdua[s were ced~ied by
the Civil Service Commission on July
12, 1999, after passing the written
examination and other tests (including
oral interviews). This first list now
being exhausted, a second list is
presented of the following individuals
who have also passed the written
examination and other tests (including
ora[ interviews); These indMduals had
been placed on a non-ced[fled reserve
list. Appointments should be made
from this list.
POLICE OFFICER - ENTRY LEVFI
Staven Olson Gina Grace
Christopher Finn Christopher Schuitz
Melissa Rakow Mark Moeller
Respectfully submitted,
/s/Merle J. Duehr, Jr.
Chairperson
/s/Lores J. Kluesner
Thomas E. Rawson
Civil Service Commission
Buol moved to make the above CMl
Se~ce certification a matter of record.
Seconded by Robbins. Motion carded
7-0.
City Manager recommending
approval of the eligible Calendar Year
Urban Re¢;a[ization Applications,
presented and read. Budi moved that
the communication be received and
filed. Seconded by Robbins. Motion
carded7-0.
RESOLUTION NO. 57-00
RESOLUTION APPROVING
RESIDENTIAL PROPERTY TAX
EXEMPTION APPLICATIONS
SUBMITTED BY PROPERTY
OWNERS IN RECOGNIZED URBAN
REVITALIZATION AREAS AND
AUTHORIZING THE TRANSMITTAL
OF THE APPROVED APPLICATIONS
TO THE CITY TAX ASSESSOR
Whereas, Chapter 404 of the Code
of Iowa, the Urban Revitalization Act,
3ermits cities to exempt property taxes
for improvements made to properties in
designated revitalization areas; and
Whereas, the Urban Revitalization
Act requires property owners to submit
a written application for exemption by
February 1 of the assessment year for
which the exemption is first claimed,
and further requires the City Council to
approve all applications that meet the
requirements of the adopted Urban
Revitalization Plan and forward the
approved applications to the City
Assessor for review by March 1 of each
year;, and
Whereas, pursuant to the
requirements of said Urban
Revitalization Act, the fo[lowing Urban
Revitalization Areas were established:
Jackson Park, Washington Street,
West 11th Street and Upper Main
Street; and
Whereas, the City Clerk of the City
of Dubuque, as of February 1, 2000,
received tax exemption applications
from the following property owners in
the aforementioned urban revitalization
districts:
Jackson Park Urban Revit~li?~!on
Area
Pablo and Julie Ramirez, 1509-1511
Bluff Street
West 11th Street Urban Revita[iza~,iorl
Are~
Stanley Wenza[, 524 Arlington
James and Victoria Collins, 1290
Belmont Street
Cindy SchadIer, 1185 Center Place
Gary Bainbridge, 1265 Bluff Street
Francis and Doreen Fager, 1200
.Nta Vista
Thomas Ashenbrenner and Susan
Anderson, 1545 Fairview
Vincent and Blanche McCauley, 651
West 16th Street
K. August Staiber, 982 Grove
Terrace
Doug and Terry Spydson, 1295
Grove Terrace
58 Regular Session, February 21, 2000
David and Joyce Banfield. 975
Center Place
J. Thomas Zaber, 1005 Locust St.
Deborah La Beau, 1133 Highland
Place
Washin(]ton Street Urban~
Revitalization Area
Upholsterer's Credit Union. 1402
White Street
Robert and Elizabeth Hnilo. 1710
Jackson Street
John and Lisa Mi[es 1830 Jackson
Street
Luke Runde, 1767 Washing[on
Street
Pablo and Julia Ramirez, 1564
Central Avenue
Kada Schramm. 1731 Elm Street
Max[mo Damaso. 1876 & 1876 1/2
CentTaI Avenue
UDDer Main Urban Revitalization
Area
Alfred Schi~, 1301 Main Street
Gary and Kathleen Jenson. 1120
Main Street
Whereas, the Community and
Economic Development Department
and the Housing Sauces Division
have reviewed the above-described
applications and inspected the
proper~es, and have determined that
the applications and the imprevemems
conform to all requirements of the City
of Dubuque's Urban Revitalization
Plan.
~lOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1 That the above-described
tax exemption applications meet the
requirements of the City of Dubuque s
Urban Revitalization Plan.
Section 2. That the above-described
tax exemption applications are hereby
approved by the City Council, subject
to the review and approval of the City
Assessor,
Section 3. That the City Clerk is
hereby authorized and directed to
forward the above-described tax
exemption applications to the City
Assessor.
Passed. approved and adopted this
21st day of February, 2000.
Torrance M. Duggan, Mayor
A~lest Jeanne F. Schneider
Buol moved adoption of the
resolution. Seconded by Robbies.
Motion carried 7-0,
RESOLUTION NO, 58-00
RESOLUTION APPROVING LATE
FILED RESIDENTIAL PROPERTY
TAX EXEMPTION APPLICATIONS
SUBMITTED BY PROPERTY
OWNERS IN RECOGNIZED URBAN
REVITALIZATION AREAS AND
AUTHORIZING THE TRANSMITTAL
OF THE APPROVED APPLICATIONS
TO THE CITY TAX ASSESSOR
Whereas, Chapter 404 of the Code
of Iowa the Urban Revitalization Act,
permits cities to exempt property taxes
for improvements made to properties in
designated revita[izafion areas: and
Whereas. the Urban Revitalization
Act requires property owners to submit
a written application for exemption by
February t of the assessmem year for
which the exemption is first claimed,
yet provides for the acceptance, by
Resolution of the City Council, of
applications filed beyond the legislated
deadline and further 'equiras the City
Council to approve all applications that
meet the requirements of the adopted
Urban Revitalization Plan and forward
rne approved applications to the City
Assessor for review by March 1 of each
year; and
Whereas, pursuant to the
requirement of said Urban
Revitalization Act, the following Urban
Revitalizafion Areas were established:
Jackson Park, Washington Street
West 11th Street and Upper Main
Street: and
Whereas, the City Clerk of the City
of Dubuque, as of February 1. 2000,
received tax exemption applications for
improvements made in previous years
from the following property owners ir
the aforementioned urban revitalizatio~
districts:
West 11th Street Urban
Revitalization
YEAR
David and Joyce Banfield,
975 Center Place 1998
James and Sara Judsic,
642 Chestnut St. 1993
James and Sara Jurisic,
642 Chestnut St. 1994
James and Sara Jurisic,
642 Chestnut St. 1995
Whereas, the Community and
Economic Development Deeartment
and the Housing Services Division
have reviewed the above-described
applications and inspected the
propeCdes, and have determined that
the applications and the improvements
conform to all requirements of the City
of Dubuoue's Urban Revitalization
Plan.
NOW THEREFORE. BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section 1. That the above-described
tax exemption applications meet the
Regu ar Session, February 21; 2000
59
requirements of the City of Dubuque's
Urban RevYmlization Plan.
Section 2. That the above-dsscdbed
tax exemption app§cations are hereby
approved by the C~¥ Council, subject
to the review and approval of the City
Assessor.
Section 3. That the City Clerk is
hereby authorized and directed to
forward the above described tax
exemption applications to the City
Assessor.
Passed, approved and adopted this
21st day of February, 2000.
Torrance M. Duggan, Mayor
Attest; Jeanne F. Schneider
Buol moved adoption of the
resolution. Seconded by Robbin&.
Motion carded 7-0.
City Manager submitting letters to
Congressmen Graseley and Harkin,
and Representative Nussle regarding
"The State and Local Government
Economic Empowerment Act,"
presented and read. Michalski moved
that the communication be received
and tired and recommendation
approved. Seconded by Robbins.
Motion carded 7-0.
City Manager recommending
approval of submission of a letter of
intent to the U. S. Department of
Housing and Urban Development
(HUD) signh~ying the City's intent to
form a consortium w~fl Dubuque and
Jackson Counties for the HOME
Investment Partnership Program,
presented and read. Buol moved that
the communication be received and
filed and recommendation approved.
Seconded by Robbins. Motion carded
7-0.
Communication of Roger Maiers
regarding the reappointment of Judy
Giesen to the Dubuque Human Rights
Commission, presented and read.
Buol moved that the communication be
received and tiled. Seconded by
Robbins. Motion carried 7-0.
RESOLUTION NO. 59-00
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the following having complied
with the provisions of ~aw relating to the
sale of Cigarettes within the City of
Dubuque, Iowa, be granted a permit to
sell Cigarettes and Cigarette Papers
within said City.
NEW
Dubuque Discount Gas
Dubuque Discount Gas 2175 Central
Passed, approved and adopted this
21st day of February, 2000.
Terrance M. Duggan, Mayor
Attest; Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 60-00
Whereas, applications for Beer
Permits have been submitted and tiled
to this Council for approval and the
same have been examined and
approved; and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
Ordinances of this City and have flied
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit.
CLASS "C" BEER PERMIT
Dubuque Discount Gas Inc.
Dubuque Discount Gas
+(Sunday Sale) 2175 Central
Lee W. Potter Sr Lee's 76 West
Locust Mart+ (Sunday Sale)
408 W Locust
Passed, approved and adopted this
21st day February, 2000.
Torrance M. Duggen, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7.0.
RESOLUTION NO. 61-00
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the same
have been examined and approved;
and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
State Laws and ail City Ordinances
relevant thereto and they have filed
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Liquor License.
CLASS "B" (HOTEL/MOTEL)
BEEPJLIQUOR LICENSE
Dubuque Lodging Inc.
Days Inn+(Sunday/Outdoor Sale)
1111 Dodge St
60 Regular Session, February 21,2000
CLASS "C"(COMMERCIAL)
BEER/LIQUOR LICENSE
Apartments Inc Dubuque Mining
Co+(Sunday/Outdoor Sale)
555 JFK-Kennedy Mall
Hammerheads Bar & Billiards
Hammerheads Bar & B~liards
+(Sunday Sale) 2095 Kerper Blvd
Marvin J. Rapp Cue Master Limited
+(Sunday Sale) 900 Centre] Ave
Galaxies Inc Galaxies Inc
+(Sunday Sale) 3203 Jackson St
T.C's Copper Kattie Inc.
T.C.'s Copper Kettie+(Sanday Sale)
2987 Jackson St
Passed, approved and adopted this
21s! day of February, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol movecJ adoption of the
Resolution. Seconded by Robbins.
Motion carried 6-0.
BOARDS AND COMMISSIONS
APPOINTMENTS to the following
Boards/Commissions:
CIVIC CENTER COMMISSION:
Applicant - Cynthia A. Fuller. Michalski
moveo that Cynthia A. Fuller be
appointed to an unexpired three year
term which will expire 6-29-00.
Seconded by Robbins. Motion carded
7~0.
COMMUNITY DEVELOPMENT
COMMISSION: Applicants Bill
Daugherty (Census Tract #1) and
Thomas Wainwright (At-Large).
Michalski moved that Bill Daugherty &
Thomas Wainwright be reappointed to
three year terms which will expire 2-15-
03. Seconded by Nicholson. Motion
carded 7-0.
TV CABLE REGULATORY
COMMISSION: Applicant - Michael W.
Pratt. Micha[ski moved that Michael
Pratt be appointed to an unexpired
three year term which will expire 6-30-
01. Seconded by Robbins. Motion
carded 7-0.
TV CABLE COMMUNITY
TELEPROGRAMMING COMMISSION:
Applicant - Paul R. Kohl. Michalski
moved that Paul R. Kohl be appointed
to the unaxp[red three year terms which
will expire 6-30-01. Seconded by
Robbins. Motion carded 7-0.
Discussion of possible appointments
to the Airport Commission. Upon
consensus it was decided that Council
Member Markham be appointed to the
Airport Commission to serve a one
year term and that the Corporation
Counsel prepare an Ordinance
authorizing this.
Hearing on sssessmg civil penalty of
$300 against tobacco permit hdidem
for violations -- AMOCO Food Shop at
1701JFKRoad IOCO Speede Shoppe
at 3250 Dodge, ano Tri-State Golf
Center at 1095 Cedar Cross Road. and
a Thirty Day suspension for secono
violation -- IOCO Speede Shoppe at
2335 University, presented and read.
Buol moved that the assessments and
civil penalties be approved. Seconded
by Niche[son. Motion carried
Louann Ward and Heidi Jones
spoke for Th-State Golf stating that the
fine is unfair for a first time offense and
feel itwas a sting ocaration Dory irwin
of Iowa Oil Co. sooke stating they are
trying very hard to educate their sales
people and objected [o their
businesses being punished [o this
great extent
City Manager recommending a
revision to Zoning Ordinance related to
the public hearing process, presented
aha read. Buol moved that the
communication be received and filed.
Seconded by Markham. Motion carried
7-0.
An Ordinance Amending Appendix A
of the City of Dubuque Code of
Ordinances by amending Section 6-1.4
Commission Action and Section 6-1.5
Council Action, pertaining to zoning
reclassifications and text amendments,
presented and read. Buol moved that
this be received and filed and referred
to the Zoning Commission. Seconded
by Markham. Motion carried 7-0.
City Manager recommending
approval of a revised format for the
residential section of the Zoning
Ordinance, presented and read.
Nicholson moved that the
communication be received and filed
and recommendation approved.
Seconded by Michalski. Motion carried
7-0.
City Manager recommending
approval of an ordinance placing ~oad
limits on the Fengler Street Bddge and
the Manson Road Bridge, presented
and read. Buol moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carded 7-0.
An Ordinance Amending Section
32-185(a) of the Cede of Ordinances
Re(~ular Sess on, February 2'1~2000
61
prohibiting heavy vehiclss on certain
bddges by removing Peru Road Bridge
and adding Fengler Street Bridge and
Manson Road Bddge, presented and
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 17-00
AN ORDINANCE AMENDING
SECTION 32-185(a) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
PROHIBITING HEAVY VEHICLES ON
CERTAIN BRIDGES BY REMOVING
PERU ROAD BRIDGE AND ADDING
FENGLER STREET BF'JDGE AND
MANSON ROAD BRIDGE
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of
Ordinances of the Cb of Dubuque,
Iowa be amended by deleting
Subsection (a) of Section 32-185 as
follows:
(a) When signs ere erected giving
notice thereof, no person shall operate
a vehicle exceeding the posted gross
vehicle weight limits on, or over the
following bridges:
Peru Road Bddge, between Liberty
Avenue and Hawkeye:
3 axle straight truck - 18 tons
5 axle semi tractor-trailers - 26 tons
double bottom semi trac[or-trailers -
33 tens
Section 2. That the Code of
Ordinances of the City of Dubuque,
iowa, be amended by adding
Subse~on (a) of Section 32-185 as
follows:
(a) When signs are erected giving
notice thereof, no person shall operate
a vehicle exceeding the posted gross
vehicle weight lim~ on, or over the
following bddges:
5 TONS
Fengler Street Bddge
12 TONS
Manson Road Bridge
Passed, approved and adopted this
21st day of February, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 25th day of
February, 2000.
Jeanne F. Schneider, City Clerk
I t 2/25
Busi moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings pdor to the
meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carded 7-0.
Histodc Preservation Commission
requesting a meeting with City Council
for review and update of the Historic
Preservation Ordinance, upon
consensus it was decided that a Work
Session be scheduled before the 4-17-
O0 Council Meeting. Ken Kringle, Chair
of HPC. spoke requesting discussion of
the proposed Ordinance.
City Manager recommending
approval of an assistance program for
payment of sewer assessments,
presented and read. Buot moved that
the communication be received and
tiled and recommendation approved.
Seconded by Markham. Motion carried
City Manager recommending
modification to the City's Community
Partnership Program (CP~) Guidelines,
~rssented and read. Buol moved that
the communication be received and
filed. Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO, 62-00
RESOLUTION APPROVING REVISED
COMMUNITY PARTNERSHIP
PROGRAM (Cp2) GUIDELINES /
INSTRUCTIONS AND COMPETITIVE
APPLICATION
Whereas, under the provisions of
Title I of the Housing and Community
Development Act of 1974, as
amended, the City of Dubuque has
received Community Development
Block Grant (CDBG) funds for the
development and maintenance of a
viab(e urban commun~ through the
)revisions ~f decent housing, a suitable
living environment and expanded
economic opportunities for its
residents, pa~cularJy those persons of
Iow and moderate income; and
Whereas, the Community
Partnership Program (cp2) was
developed in the City of Dubuque in
response to the nationsi goals and
objectives of the CDBG Program; and
Whereas, Community Devalopment
Advisory Commission has reviewed the
Cp2 was developed in the City of
Dubuque in response to the national
goals and objectives of the CDBG
program; and
Whereas, Community Development
Advisory Commission has reviewed the
Cp2 program and has recommended
certain policy and procedure
Regular Session, February 21,2000
improvements; and
Whereas. the Community
Development AcMsory Commission
incorporated in the attached Guidelines
Instru~ons and Competft~,e
Application for t~e Community
Partnership (Cp2) Program.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
QF THE CITY OF DUBUQUE, IOWA:
Section 1. That the attached
Community Partnership Program (Cp2)
Guidelines I Instruc~ons and
Competitive Application are hereby
approved and adopted.
Section 2. That the City Manager De
and is hereby authorized to implement
and administer the Community
Parthership Program (Cp2) in
accordance with the terms and
conditions of the attached Application
and Guidelines/]estructions for the
Community =artnership Program
(Cp2).
Passed. approved and adooted this
17th day of February, 2000
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by klicholson.
Motion carded 7-0.
Zoning Advisory Commission
advising of their appraval of an
amendment to the Loras College iD
Institutional Distdct and requesting that
a public heating be set for March 6,
2000, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Nicholsen: Motion carded 7-0.
An Ordinance Amending the Zoning
Ordinance by providing for the
amendment of Ordinance 2-90 and
approving an amended campus
development plan for the Loras College
ID Institutional District. presented and
read. Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings pdor to the
meeting at which it is to be finally
passed be suspended and moved that
a Public Headng be held on the
proposed Ordinance on the 6th day of
March, 2000 at 6:30 P.M. in the Public
Library Auditotium and that the City
Clerk publish notice in the manner
prescdbed by law. Seconded by
Nicholson, Motion carded 7-0.
City Manager recommending that a
public headng be set for March 6, 2000
[o consider two agreements to enable
shadng of City-owned communication
conduit, presented and read. Micha[ski
moved mar the communication De
received and tiled and recommendation
approved and set Public Hearing for 3-
6-2000 az 6:30 P.M in the Public
Library Auditorium and that the City
Clerk publish notice in the manner
prescribed by law. Seconded by
Nicholson. Motion carded 7-0.
City Manager recommending
rescinding Rssolution fl,675-99 and
submitting eocuments ~roviding for
ini~ation of the Highway 20 Landscape
Design Bid Package #1, presented and
read. Buol moved that the
communication be received and filed.
Seconded Dy Nichoison. Motion
carded 7-0
RESOLUTION NO. 63-00
RESOLUTION RESCINDING
RESOLUTION 675-99 PRELIMINARY
APPROVAL OF PLANS AND
SPECIFICATIONS FOR HIGHWAY 20
LANDSCAPE DESIGN BID PACKAGE
#1
WHEREAS, an adve~semenl for
bids for the Highway 20 Landscape
Design Bid Package #1 was published
on December 30, 1999; and
WHEREAS, the City Council
deemed it advisable to reject all bids
received and fa-bid the project at a
later date with modifications.
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That Resolution No. 675-99,
Preliminary Approval of P~ans and
Specifications for the Highway 20
Landscape Design Bid Package #1 be
rescinded and that the said project be
re-bid at a later date.
Passed, approved and adopted this
17th day of February, 2000.
Terrance M Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved that the communication
be received and filed. Seconded by
Nicholson, Motion carded 7-0.
RESOLUTION NO. 64-00
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans,
specifications, form of contract and
estimated cost for the HIGHWAY 20
LANDSC~,PE DESIGN PACKAGE
Reqular Session, February 21~ 2000
in the estimated amount of $515,000,
are hereby approvbd and ordered tiled
in the office of the City Clerk, for public
inspection.
Passed, approved and adopted this
21st day of February, 2000.
Terranca M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 65-00
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the
City of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, spec'r,~cations, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the HIGHWAY 20
LANDSCAPE DESIGN BID PACKAGE
#1 PROJECT.
NOW, THEREFORE, BE IT
RESOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA,
that on the 20th day of March, 2000, a
public hearing will be held at 6:30 p.m.
~n the Public Library Auditorium, at
which time interested pemons may
appear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said
improvement, and the City Clerk be
and is hereby directed to cause a
notice of time and place of such
hearing to be published in a newspaper
having general circelation in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
twenty days pdor to the day fo(ed for its
consideration. At the hearing, any
interested person may appear and
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement.
Passed, approved and adopted this
21st day of February, 2000.
Terranca M. Duggan, Mayor
Attest:. Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO, 66-00
ORDERING BIDS
BE IT RESOLVED BY THE
COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
That the HIGHWAY 20 LANDSCAPE
DESIGN BID PACKAGE #1 PROJECT
is hereby ordered to be advertised for
bids for construction.
BE IT FURTHER RE8OLVED, that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
~rovisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided,
to be published in a newspaper having
general circulation in the City of
Dubuque, iowa, which notice shall not
be lees than four days nor more than
twenty days prior to the receipt of said
bids at 2:00 p.m. on the 7th day of
March, 2000. Bids shell be opened
and read by the City Clerk at said time
and will be submitted to the Council for
final action at 6:30 p.m. on the 20th day
of March, 2000~
Passed, approved and adopted this
21st day of February, 2000.
Terrance M. Duggan, Mayor
Attest:. Jeanne F. Schneider, City Clerk
Buel moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
City Manager recommending that a
)ublic hearing be set for March 6, 2000
to consider the disposition of the City
interest in Lot 22 of Glenview Addition
(adjacent to 1300 Blackhawk Drive) in
the City of Dubuque, presented and
read. Michalski moved that the
communication be received and filed
and approved setting public hearing for
3-6-2000 at 6:30 P.M. in the Public
Library Auditorium and that the City
Clerk publish notice in the manner
prescribed by law. Seconded by
Robbins. Motion carded 7-0.
RESOLUTION NO. 67-00
RESOLUTION OF INTENT TO
DISPOSE OF CITY INTEREST IN LOT
22 OF GLENVIEW ADDITION IN THE
CITY OF DUBUQUE, IOWA
Whereas, John C. and Margaret A.
Hendry has requested the purchase of
Lot 22 of Glenview Addition.
Whereas, the City Council of the City
of Dubuque, Iowa has determined that
this Lot is no longer required for public
use, except for utility easements as
noted, and sale of Lot 22 of Glenview
Addition in the City of Dubuque,
Dubuque County, Iowa should be
approved.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Thatthe City of Dubuque
intends to dispose of its interest in Lot
22 of Glenview Addition in the City of
64 Regular Session, February 21, 2000
Dubuque, Iowa.
Section 2. That the conveyance of
Lot 22 of Glenview Addition in the City
of Dubuque, Iowa to John C. and
Margaret A. Uendry be contingent upon
the payment of $483.00, plus platting,
3ublication and filing fees.
Section 3. The City of Dubuque
reserves unto itself a perpetual
easement including the right of ingress
and egress thereto, for the purpose of
erecting, installing,., constructing,
reconstructing, repalnng, owning,
operating, and maintaining wa[er,
sewer drainage, gas, mlephone, t_v.
cable, and electdc ines as may be
authorized by the City of Dubuque,
owa.
Section 4. That an ingress and
egress easement be eatablJshed over
and across Lot 22 of Glenview Addition
Jn the City of Dubuque for the benefit of
Lot 1 of the Subdivision of Lots 1-20.1-
21. 1-22. 1-23 1-24. and Lot 19 all in
Shipton's Addition.
Section 5. That the C~ Clerk be
and is hereby authorized and directed
to cause a notice of intent to dispose of
said real estate to be published in the
manner as prescribed by law.
Passed. approved and adopted this
21 st day of February, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michaiski moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
At 7:47 P.M. Buol moved to go into
Closea Session regarding Pending
Litigation (iowa Code §21.5(1)(c).
Seconded by Nicholson. Motion
carded 7-0.
At 7:58 P.M Council reconvened
Regular Session stating Staff had been
given proper oirection.
There being no further business,
Buo] moved to adjourn. Seconded by
Micha]skL Motion carried 7-0. The
meeting adjourned at 7:59 P.M
Isl Jeanne F. Schneider
City Clerk
Approved ~-~ .~-// ,2000
2000
/0ity Clerk
Special Session, February 23,~2000
6~
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session,
Wednesday February 23, 2000
Council met 6:30 P.M. in the Public
Library Auditorium
Present Mayor Duggan, Council
Members Buol, Cline, Markham,
Michalski, Nicholson, Robbins, City
Manager Michael Van Milligen.
Mayor Duggan read the call stating
this is a Special Session called for the
purpose of holding a Public Headng on
the FY 2001 Annual Action Plan for
Community Development Block Grant
Funds and for any other business
which may propedy come before the
Council.
Mayor Duggan opened the Public
Headng on the FY 2001 Annual Action
Plan for Community Development
Block Grant Funds.
Community and Economic
Development Director Jim Burke spoke
providing an overview of the Annual
Action Plan as a basis for discussion of
other departments.
Community and Economic
Development, Planning Services,
Housing Services and Human Rights
all proceeded with their departmental
budget presentations.
Public comment was requested on
the CDBG portion of each department.
No one spoke.
At 8:10 upon consensus the City
Council adjourned the Public Headng
onthe CDBG AnnualAction Plan to the
March 7th, 6:30 P.M. Budget Hearing
at the Public Library Auditorium.
/s/Jeanne F. Schneider
City Clerk
Approved ? / ,2000
/ 2000
Council ~m bets
~Clerk
66 Special Session, February 28, 2000
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Special Session. Monday, February
28, 2000
Council met at 6:15 P.M. in the
Public Library Auditorium
Present: ~layor Duggan, Council
Members Buol, Cline, Markham
Michalski, Nicholson, Robbins. City
Manager Michael Van Mil[igen,
Corporation Counsel Barry A. LindahL
Mayor Duggan read the call and
stated this is a Special Session of the
City Council called for the purpose to
hold Departmental E3udge[ Hearings
and to act upon such business which
may propedy come before the Council.
The fo[lowing aepartmental budget
hearings were held: Library, Airport,
Transit, and Purchase of Services.
Tom Moran, Library Director, and
Jack Felderman of the Library Board of
Trustees spoke giving information on
the proposed Library budget.
Ken Kraemer, Airport Manager and
Doug Brotherton of the Airport
Commission gave a presentation as to
the Airport's budget, requesting
additional monies for marketing.
Discussion ensued with Council being
of a consensus to try to find the
requested monies.
Mark Munson, Transit Manager,
spoke detailing the requested Transit
Buage[.
PURCHASE OF SERVICES:
Convention and Visitors' Bureau
representatives Sue Czeshinski spoke
appreciatively of the Council's suppor~
over the years.
Substance Abuse Services: Director
Diane Thomas sooke stating that they
are celebrating their 25 years
anniversary in June 2000.
Praject Concern: Steve Jacobs was
present and available to answer
questions.
Operation: New View representative
Ruby Sutton spoke appreciatively of
the Council's support.
Washington Neighborhood Tool
Library: No onespoke.
Family Self Sufficiency: No one
spoke.
Dubuque Labor Management
Council: Chuck Isenhart and David
Ross spoke appreelatively of the
Council's suppor~.
Vlain Street Ltd.: Dan LoBianco
stoke appreelatively of the Council's
suppor~.
At 8:37 P.M. Michalski moved to go
into Closed Session in accordance with
Ch. 21.5(1)(j) to discuss the purchase
of particular real estate. Seconded by
Cline. Motion carried 7-0.
Council reconvened Regular
Session at 9:26 P.M. with statement
that Staff had been given proper
direction.
There being no further business
Robbins moved to adjourn. Seconded
by Cline. Motion carded 7-0. The
meeting adjourned at 9:27 P.M.
Jeanne Schneider
City Clerk
Approved
2000
2000
Clerk