2000 November Council ProceedingsSpecial Session, November 6, 2000
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council Special Session,
November 6, 2000
Council met for Dinner at 5:00 P.M.
in the Library Rotunda
Council met in Speciat Session a~
5:30 P.M. in the Library Auditorium
Present: Mayor Pro-Tern Markham,
Counc~ Members Buol, Cline.
Michalski. Nicholson. Robbins, City
Manager Michael Van M~ligen,
Corporation Counsel Barry Undahl.
Absent: Mayor Duggan.
Mayor Pro-Tem Markham read the
call and stated this is a special session
of the City Council called for the
purpose of providing an update on the
papedess agenda process and to act
upon such business which may
propedy come before the Council,
Direction was provided by Chris
~ohlman Information Services
Manager and Jeanne Schneider, City
Clerk on the usage of their laptop./~.
computers, the CD ROMs which
provide access to the Council meeting
agendas, and the ability to access the
supporting oocumems via icons anc
Other means. Discussion ensued anc
Upon consensus the mee~dng
adjourned at 6:25
Jeanne F. Schneider
City Clerk
2001
~ Cour{ci] M~mbers -
~ Clerk
414 Regular Session November 6, 2000
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council. Regular Session.
November 6. 2000
Council met in Regular Session at
6:30 P.M. in the Library Auditorium
Present: Mayor Pro-Tom Markham
Council Members Buo[, Cline,
Michaiski. NichoLson. Robbins. City
Manager Michael Van Vlilllgen,
Corporation Counsel Barry Lindahl
Absent: Mayor Duggan.
Mayor Pro-Tern Markham read the
cai[ and stated this is the regular
session of the City Council called for
the purpose of acting upon sucn
business which may propedy come
before the City Council.
invocation was given by Reverend
Matthew Hard's, Pastor of The Bridge
Christian Church.
Proclamations: Youth Appreciation
Month, received by Morning Optimists
President Wayne Zumhof and Noon
Optimists Vice Pres. Dr. J. P. Quinian:
Hospice Month received by Kim Link.
Minutes Submitted: Airport
Commission of 10/23: Civil Service
Commission of 10/3 ano 10/19'
Downtown Planning Committee of 9/11:
Environmental Stewardship Advisory
Commission of 10/3: Five Flags
Commission of 10116; Histodc
~reservation Commission of 10/19.
-~ousing Code Appeals Board of 8/15
Housing Commission of 10/10: Human
Rights Commission of 10/11 Park and
Recreation Commission of 10/10;
Transit Board of 9/14 presented and
read Buol moved that the minutes be
received and filed. Seconded by
Nicholson. Motion carded 6-0.
Proof of Publication of Council
Proceedings for 10/2 and 10/4,
Substance Abuse Services Center
Quarterly Report; Quarterly Investment
Report; and Carnegie Stout Library
Fiscal Year 2000 Annual Report,
presented and read. Buol moveo that
me proofs and reports be received anc
filed. Seconded by Nicholson. Motion
carded 6-0.
Pdnted Council Proceedings for
month of September, 2000, sresentee
and reao Buol moved that the
proceedings De approvec as Ddnted.
Seconded by Nicholson. Motion
carded 6-0.
Notice of Claims/Suits: Shirley EIliott
in estimated amount of $227.00 for
personal injuries: Madin Jorgensen in
estimated amount of $20.00 for
property aamage; Linda Lucey [n
estimated amount of $255.88 for
vehicle damage; Phil Meyer in
undetermined amount for property
damage; Dorothea Tschiggfrie in
estimated amount of $977.72 for
property damage, presented and read.
Buol movec that the claims and suits
be referred to the Legal Staff for
investigation and report. Seconded by
Nicholson. Motion carded 6-0.
Corporation Counsel advising me
following claims have been referred to
Public Entity Risk Services 2f Iowa. the
agent for the iowa Communities
Assurance Pool: Hillcrest Association
for property damage; Betty Loeffelholz
for property damage; Mark Puccio for
reimbursement of medical expenses:
Terryl Stewart for vehicle damage;
Angola Woolf for vehicle damage,
presented and read. ~uo[ moved that
the communications be receivec and
filed and concurred with the
recommendations Seconded by
Nicholson. Motion carried 6-0
Corporation Counsel recommending
setllement of the vehicle damage claim
of Linda Lucey in the amount of
$255:88 ano me property carnage
claim of Marlin Jorgensen '- the
amount of $20.00 and that the Finance
Director be directed to issue payment,
Dresented and reao. Buoi movea [nat
me communication be received ane
filed ano concurred with the
recommendation Seconded by
N[cholson. Motion carried
Citizen Communications: Howard W.
Klauer ano John P. Klauer expressing
their appreciation to Gil Spence
Leisure Services Manager, for the
removal cf dead trees along the right-
of-way ef Dextar Street: 'vlr. and Mrs.
Myron Cole regarding parking problems
[n the alley between Nevada Street and
AIoine Street presented and teac.
Buol'moved that the communications
be received and filed and referred to
the City Manager Seconded by
Nicholson Motion carried 6-0.
Reqular SessiOn, NoVember 8, 2000
415
City Manager recommending
acceptance of the Five Flags Center
Arena Seat Replacement Project,
presented and read. Buol moved that
the communication be received and
flied. Seconded by Nicholson. Motion
carried 6-0.
RESOLUTION'NO. 613-00
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the Five
Flags Center Arena Seat Replacement
Project has been completed and the
City Manager has examined the work
and filed his ce~ficate stating that the
same has been completed according to
the terms of the contract, plans and
specifications and recommends its
NOW TFIEREFORE, 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 Fiscal Year 2001 appropriations in
the amount of $166,t55 in General
Funds, in amount equai to the amount
of this contract, less any retained
percentage provided for therein.
Passed, approved and adopted this
6th day cf November, 2000.
John H. Markham, Mayor Pro-Tern
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 6-0.
RESOLUTION NO. 514-00
FINAL ESTIMATE
WHEREAS, the contract for the Five
Flags Center Arena Seat Replacement
Project has been completed and the
Engineer has submitted his final
estimate showing the cost thereof
including the cost of estimates, notices
and inspection and 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
improvement is hereby determined to
be $166,t 55 and the said amount shall
be paid from Fiscal Year 2001 General
Fund appropriations of the City of
Dubuque, Iowa.
Passed, approved and adopted this
6th dayof November, 2000.
John H. Markham, Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 6-0.
Section 8 Housing Vouchers: City
Manager recommending approval of an
application to the US Department of
Housing and Urban Development for
I additional Section 8 Program housing
vouchers, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Nichelson Motion carded 6-Q
RESOLUTION NO. 5'15-00
A RESOLUTION AUTHORIZING THE
MAYOR TO EXECUTE AN
APPLICATION TO THE US
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) FOR
ADDITIONAL SECTION 8 PROGRAM
HOUSING VOUCHERS; AND TO
EXECUTE A STANDARD AMENDED
ANNUAL CONTRIBUTIONS
CONTRACT FOR THE ADDITIONAL
FUNDS
Whereas, the City of Dubuque nas
been offerae an opportunky
administer additional Housing
Vouchers maue available due to an
owner's opt-out of a project-based
contract: and
Whereas, the addition of these
vouchers to the portfolio currently
administered by the HousinD Services
Department will result in the ability of
the current project tenants to remain in
place ano to mcraase annual
administrative revenues to the City.
Now, Therefore, be it Resolved by
the City Council of the City of Dubuoue.
]owe:
Sec~on I The Mayor is authodzee
and directed to execute an aDDliCation
and resulting standard amended
annual contributions contract to the US
Department of Housing and Urban
Development for additional housing
vouchers.
Section 2. The
hereby authorized and directed
forward said application and resulting
annual contributions contract to the US
Department of Housing ana Urban
3evelopment.
Passed, approvea and aeocted this
6th day of November 2000.
John H. Markham, Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 6-0.
Application for Local Housing
416 Regular Session, November 6, 2000
Assistance Program (LHAP) Funds:
City Manager recommending approval
of an application £o the iowa
Department of Economic Development
for Local Housing Assistance Program
funds for a pilot program promoting
Iow-income homeownership, presented
and read Buo[ movea that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 6-0
RESOLUTION NO. 516-00
A RESOLUTION AUTHORIZING AN
APPLICATION TO THE IOWA
DEPARTMENT OF ECONOMIC
DEVELOPMENT FOR LOCAL
HOUSING ASSISTANCE PROGRAM
FUNDS
Whereas the Iowa Department of
Economic Development has published
notice of availability of funds under the
Local Housing Assistance Program
(LHAP); and
Whereas. the Depa~zmen[ of
Economic Development is encouraging
municipalities to promote housing
assistance programs which address
unmet neeos and complement planned
programs of economic development;
and
Whereas. the Consolidated Plan for
the City of Dubuque includes the
objectives of promoting
homeownersh[p opportunities for Iow-
end moderate-income households.
elimination of slum and blight and
public and private investment in
revitalization of downtown
neighborhoods: and
Whereas. the Housing Trust Fund
Committee and Housing Commission
nave revlewea me proposed
application for construcuon of
affordable new condominium homes for
Iow-income households
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY' OF DUBUQUE. IOWA.
Section 1. The Mayor is hereby
authorized to execute this resolution in
suppor~ of an application to the Iowa
Deoartment of Economic Development
for Local Housing Assistance Prograrn
funds.
Section 2. This resolution shall take
effect imm adiately.
Passed. approved and adopted this
6th day of November 2000.
John H. Markham, Mayor Pro-Tam
Attest: Jeanne F. Schneider City Clerk
Buol moved adoption o~ the
Resolution Seconded Dy Nicholson
Motion carried 6-0
Acceptance of Deeds from Plastic
Center. Inc.: Corporation Counsel
recommending accep[ance of the
Warranty Deed and Correction
Warranty Deed fram Plastic Center.
[nc presented and read. Buo[ moved
that the communication be 'eceived
and filed. Seconded by Nicholson.
Motion carded 6-0.
RESOLUTION NO. 517-00
ACCEPTING THE DEEDS TO
CERTAIN REAL ESTATE
DUBUQUE COUNTY, IOWA FROM
PLASTIC CENTER, INC.
Whereas, the City of Dubuque
entered into an Agreement with Plastic
Center. Inc., a New York corooration
for me purchase of real property in
Dubuque County, Iowa. described ia
the attached Warranty Deed and
Correction Warranty Deed;
And Whereas the terms of the
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 Dubueue hereby
accepts the Warranty )eed and
Correction Warranty Deed from Plastic
Center. Inc.. ooDles of which are
attached hereto.
2. The City Clerk is hereby
authorized and directed to recoro this
Resolution with the Dubuque County
Recorder.
Passed. approved and adooted this
6th day of November, 2000.
John H. Markham, Mayor Pra-Tem
Attest: Jeanne F. Schneider. City Clerk
Buo 'novea adoptior of the
Resolution. Seconded by Nichotson.
Motion carried 6-0,
Hazard Mitigation Planning Grant
Contracts: East Central Inter-
governmental Association submitting a
Hazarc Mitigation Planning Grant
Contract between the City, ECIA and
Iowa Emergency Management and an
Administration Contract between the
City and ECIA. eresented and read.
Buol moved that the communication be
received and filed and accrove
contracts. Seconded Dy Nicholson.
Motion carried 6-0.
Depar[ment of Housing and Urban
Development: communication advising
mat the City's acofication to the Lead-
Cased Paint Hazard Control Grant
Program was nor approvea;
communication advising that no
objections to the City's Fiscal Year
Reqular Session,
2000 Community Development Block
Grant Program had been received; and
communication acMsing that their
review of the City's Community
Development Block Grant Program for
1999 was satisfactory, presented and
read. Buel moved that the
communications be ,received and tiled.
Seconded by Nicholson. Motion
carded S-0.
Iowa DepaYmlent of Natural
R~esgurces: The Iowa Department of
Natu~el~ Resources submitlJng the
Indast~at- Pretreatment Compliance
Inspection repor~ for the Water
Po[Itr~on Control Plant, presented and
rend. Buel moved that the
communication be received and flied.
Seconded by Nichelecn. Motion
carded 6-0.
Notice of Expiration of Right of
Redemption: County Treasurer
ad~sing of the Notice of Expiration of
Right of Redemption for property
described as Lot 1 of Lot I of the
Subdivision of Mineral Lot 251A and
part of Mineral Lot 250; and Lot I of Lot
I of Mineral Lot 501 in the C~ of
Dubuque, presented and read. Buol
moved that the communication be
received and tiled. Seconded by
Nicholson. Motion carded 6-0.
Dubuque Area Labor-Management
Council: Dubuque Area Labor-
Management Council requesting a
letter of support for their grant
application from the U.S. Department
of Labor to conduct a Workforce
Development Community Audit in the
Dubuque area, presented and read.
Buol moved that the communication be
received and filed and approved letter
cf support. Seconded by Nicholenn.
Motion carried 6-0.
Supplement ¢,~47 Code of
Ordinances: City Manager
recommending adoption of Supplement
~47 to the Code of Ordinances of the
City of Dubuque, presented and read.
Buo[ moved that the communication
be received and flied. Seconded by
Nicholson. Motion carried 6-0.
RESOLUTION NO. 518-00
ADOPTING SUPPLEMENT NO. 47 TO
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
Whereas, under date of July 17,
1989, the City Council,, pursuant to
Ordinance No, 34-89, readopted the
Code of Ordinances of the City of
N0Vernbe{ 6~ 2000 417
Dubuque, Iowa for ordinances adopted
up to and including December 19,
1988; and
Whereas, since December 19, 1988
the City Council of the City of Dubuque,
Iowa has adopted certain ordinances
amending the Code of Ordinances and
said amendments have been printed as
supp[ements to the Code of
Ordinances; and
Whereas, Section 380.8 of the Code
of Ordinances provides that
supplements by resolution, become
3art of the Code of Ordinances.
NOW THEREFORE BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Supplement No. 47
of the Cede of Ordinances of the City
of Dubuque, Iowa, coveting Ordinances
through Ordinance No. 72-00 enacted
through September 5, 2000 and
prepared by the Sterling Codifiers, Inc,
Weiser, ID hereto filed in the C~ce of
the City Clerk of the City of Dubuque,
Iowa be and is hereby adopted and
becomes part of the Code of
Ordinances of the City of Dubuque,
iowa.
Passed, approved and adopted this
6th day of November, 2000.
John H~ Markham, Mayor Pro-Tern
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 6-0.
Disposition of Buettell Brothers
Building at 82t-845 Central Avenue:
Histodc Preservation Commission
requesting that the City Council work
with the Dubuque County Board of
Supervisors to preserve the Buettell
Brothers Building at 821-845 Central
Avenue if the Law Enforcement Center
is expanded to this area, presented
and read. Michalski moved that the
communication be received and filed
and Staff directed to schedule meeting
with Board of Supervisors and Historic
Preservation Commission members.
Seconded by Nichotson. Motion
carried
Iowa League of Cities:
Communication from the Iowa League
of Cities requesting that the City
Manager serve on the League Policy
Committee, presented and read. Buol
moved that the communication be
received and filed and.concurred with
the recommendation. Seconded by
Nicholson, Motion carried 6-0.
Water Service - Lock and Dam No.
41,R
Regular Session, November 6, 2000
11: City Manager recommending
approval of a Contract Agreement with
the Army Corp of Engineers to provide
water service to Lock and Dam No. 11.
9resented and read. Buol moved that
the communication be received and
filed and concurred with the
recommendation, Seconded by
Nicholson. Motion carded 6-0.
Endch Iowa Grant Tom Moran.
Ubrary Director, advising that the
Library has once again qualified for ar,
Enrich Iowa Grant and requesting that
this additional revenue amount be
included in the nexz budget
amendment, presented and read. Buol
moved that the communication be
received and flied Seconded by
Nicholson. Motion carded 6-0.
Vacation/Purchase of AJlison Place:
City Manager advising that Finley
Hospital has exercised their option to
purchase Allison :~lace and that
process is now complete, presented
and read. Buol moved that. the
communication ae received and filed.
Seconded Dy Nicholson. Motion
carded 6-0.
October 1.9, 2000
Honorable Mayor and Members of the
City Council
In accordance with Chapter 400 of
the 1999 Code of Iowa. an examination
for the position of Parking Meter
Checker was given on September 26,
2000. We hereby certify that the
following indMduals have passed this
wdtten examination and the vacancy
for this position should be made from
this list and that this list is good for two
(2) years from above date.
PARKING METER CHECKER
Donald F. Hoppmann
Jayne Radloff
Cindy Budde
Jane Williams
Theresa Beckett
Lawrence Oswald
Ann Bahls
Vicky Xicon
Dawn Besten
Kimberly Williams
Michael Kdngle
Ellen Golinvaux
Cher~ Manderscheid
Ann Reisdorf
Stephen Moo~
Robin Heinen
Deborah [hdg
William Strong
James Yeager
Chad Cruse
Edc Sanderson
Judy Pottebaum
Laura Riedl
Gary Muntz
Thomas Meyer
Nicole Macvey
Deborah Fiacca
~aul Hannigan
Victoda Fradedck
Chad Berendes
Nat~ne Lincoln
Rick Gheer
Chad Coakley
Joan Most
David Feiderman
Sandra Shaffer
Janet Brehm Regina Klinkhammer
Moqica Schiessl
Katherine Timmermans
Ronald Sanduskey Rick Hoffman
Respectfully- submitted,
Is/Lores J. Kluesner, Chairperson
Is/Mede Duehr
Is/Richard Wedzberger
CMl Service Commission
October 19, 2000
Honorable Mayor and Members of the
City Council
m accordance with Chapter 400 of
the 1999 Code of Iowa, an examination
for the position of Laborer was given
on October 6, 2000. We hereby cert~,
that the following indMduals have
passed this written examination and
the vacancy for this position should be
made from this list and that this ist is
good for two (2) years from above date
_ABORER
_eslie Wagner Thomas Meyer
Richard Atkins Brad Herdg
Roger Richard Gerald Dean
Ronald Bartels Darrell Allman
A~bert Clemens Dale Mueller
Thomas Burger Duane Schreiber
Robert Dague Robert Barry
Shayne Henry Timothy Leibold
Jeramy Shireman Michael O'Shea
William Cook Michael Ryerson
Thomas Paar John Hagerty
Harry Rubel Mark Fraying
Alan Bahl Daniel Wo~re~
Steve Siefker Kenneth Henkel
Rachel Bly Robert Wissing
Grag Schukert Bryce Draeeau
Peter Kruschke Michael Kuhn
Jeffrey Weiland Daniel Zahn
Michael Nee Earl Ciemen
Mark LeGrand David Feldermar
Shawn Kelley Dale Reute-
Respectfully submitted,
Is~ Loras J Kluesner, Chairperson
/s/Mede Duehr
/s/Richard Wedzberger
Civil Service Commission
~ovember 1. 2000
Honorable Mayor and Members of the
City Council
in accordance with Chapter 400 of
the 1999 Code of Iowa an examination
ror the position of Lead Mechanicwas
gwen en Qctober 26. 2000. We
hereby certi~ that the following
individuals nave paseea [his wdtten
examination ana the vacancy [or this
position should be made from this list
and that this list is good for two (2)
:,ears from above oa[e
LEAD MECHANIC
Scott Bauer Elmer Heacock
Reqular Session, November 6~ 2000
419
Paul Herman Steven Kelly
Steve Kraft Gregory Me[reid
Mark Neyens John Zenner
Respectfully submitted,
/s,' Lores J. ~uesner, Chairperson
!s/Mede Duehr
!s/Richard Wer[zberger
CMl Service Commission
Buei moved that the above CMl
Service certifica~ons for Parking Meter
Checker, Laborer and Lead Mechanic
be made a matter of record. Seconded
by Nichelson. Motion carded 6-0.
Diamond Jo/Bird Sign - Appeal of
the FouCd'. Street Peninsula Permit
Moratorium: City Manager
~'ecommending approval of the
~ssuance of sign permits for the
Diamond Jo on the Fourth Street
Peninsula, presented and read. Buol
moved that the communication be
received and filed and concurred with
recommendation. Secondec by
Nichoison. \4etlon carded 6-0.
Dubuque County Historical Society-
Appeal of the Fourth Street Peninsula
Permit Moratorium: City Manager
.recommending approval of the
issuance of a s~gn permit for the
Mississippi River Discovery Center on
the FouC, h Street Peninsula, presented
and read. Buol moved that the
communica'don be received and filed
and COnCtJrreQ with recommendation.
Seconded by Nicholson. Motion
carded 6-0.
Issuance of $6,265.000 General
Obligation Bonds: City Manager
recommending the issuance of
$6,265,000 General Obligation Bonds,
Series 2000C presemea and rea(~.
Buol moved that the communica~on be
received and filed. Seconded by
Nicholson Motion carded 6-0.
RESOLUTION NO. 519-00
RESOLUTION APPOINTING WELLS
FARGO BANK IOWA, NATIONAL
ASSOCIATION OF DES MOINES,
IOWA. TO SERVE AS PAYING
AGENT, BOND REGISTRAR, AND
TRANSFER AGENT, APPROVING
THE PAYING AGENT AND BOND
REGISTRAR AND TRANSFER
AGENT AGREEMENT AND
AUTHORIZING THE EXECUTION OF
THE AGREEMENT
Whereas, pursuant to the pro~sions
of Chapter 75 cf the Code of iowa
$6,265,000 General Obliga[~on Bonds.
Sedss 2000C, dated November 1,
2000, have been sold at public sale
land action should now be taken to
, provide for the maintenance of records,
I registration of cer~cates and payment
of principal and interest in connection
with the issuance of the Bonds; and
Whereas, this Council has deemed
that the services offered by Wells
Fargo Bank Iowa, National Association
of Des Moines, Iowa, ara necessary for
compliance with rules, regulations, and
requirements governing the
registration, transfer and payment of
registered Bonds; and
Whereas. a Paying Agent, 3end
Registrar and Transfer Agent
Agreement (hereafter "Agreement")
has been ~repared to be entered into
between the City and Wells Fargo
Bank Iowa, National Association.
NOW, THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF DUBUQUE, iOWA:
Section 1. That Wells Fargo Bank
Iowa. National Association of Des
Moines. Iowa, is hereby appointed to
serve as Paying Agent, Bond Registrar
and Transfer Agent in connection with
[he issuance of $6,265,000 Genera
Obligation Bonds. Sedss 2000C, datec
November 1, 2000.
Section 2. That the Agreement with
Wet[s Fargo Bank Iowa, National
Association of Des Moines, owe is
hereby approved and that the Mayo~
and Clerk are authorized to sign the
Agreement on behalf of the City.
Passed. approved and adopted this
6th day of November, 2000.
John H. Markham, Mayor Pro-Tern
Attest: Jeanne F, Schneider. C [7 Clerk
Buol moved aaoption of the
Resolution. Secondec by Nicholson.
Motion carded 6-0
RESOLUTION NO. 520-00
RESOLUTION AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OF
$6,265,000 GENERAL OBLIGATION
BONDS, SERIES 2000C, AND
LEVYING /~ TAX TO PAY SAID
BONDS
WHEREAS, the Issuer is duly
incorporated, organized and exists
unaer and by virtue of the laws and
Constitution ofthe State elbows ana
WHEREAS, the issuer is m need of
funds to pay costs of aiding in the
planning, undertaking aha carrying out
of urban renewa, proJeCt activities
under the authority of Chaoter 403 of
the Code of Iowa and the Amended
and Restated Urban Renewal Plan for
/+20 Regular Session, November 6. 2000
the Downtown Dubuque Urban
Renews[ District, including cur nor
limited to the construction of a
structured parking facility located at
Third and Main Street, an essentia
corporate purpose, and it s deemed
necessary and advisable that General
Obligation Bonds in the amount of not
to exceed $5,600,000 be issued for
said purpose; and
WHEREAS, pursuant to notice
published as required by Section
384.25 of said Code, this Council has
held a public meeting and hearing upon
the proposal to ins~tute proceedings for
the issuance of said Bonds, and the
Council is therefore now authorized to
proceed with the issuance of said
Bonds: and
WHEREAS, Be Issuer also is in
need of funds to 2ay costs of
construction of improvements at the
Dubuque Regional Airport, including
those costs associated w~h the
rehabilitation and improvement of
existing T-hangar airplane facilities and
the construction of new T-hangar
airplane facilities, an essential
corporate purpose, and it is deemed
necessary and advisable that its
General Obligation Bonds in the
amount of not to exceed $69¢,000 be
issued for said purpose; and
WHEREAS. pursuant to notice
published as required by Section
384.25 of said Code. this Council has
held a public meeting and hearing upon
~he proposal to institute proceedings for
the issuance of said Bonds and [ne
Council is therefore now authorized to
oroceed with the issuance of said
Bonds; aha
WHEREAS, oursuant [o Section
384.28 of the Code of Iowa, it is hereby
found and determined that the various
general obligation bonds authorized as
heramabove dsscdbed shell ~e
combined for the purpose of issuance
in a stogie issue of Corporate Purpose
Bonds as hereinafter set forth: ano
WHEREAS. pursuant to the
provisions of Chapter 75 of the Code of
Iow'a. the above mentioned Bonds were
heretofore sold at public sale and
action should now be taker to issue
sa~d Bonds conforming to the terms
eno conditions of the best bid received
at the advertised public sa[e.
NOW, THEREFORE BE
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE. IOWA:
Section 1. Definitions. The following
[erms shall have the following
meamngs in this Resolution un[ess the
rex1 expressly or Dy necessary
implication reouires otherwise:
· "Authorized Denominations" shall
mean $5.000 or any integral multiple
thereof.
· "Beneficial Owner" shall mean
the person in whose name such Bond
s recorded as the beneficial owner of a
Bond by a PaCdcipant on the records of
such Particioant or such person's
subrogee.
· "Bonds" sha[ mean $6.265.000
General Obligation Bonds. Sedss
2000C. authorized to be issueu by th~s
:~esolution
· "Cede & Co." shall mean Cede &
Co.. the nominee of DTC anr~ any
successor qommee of OTC with
respect to the Bonds.
· "Continuing Disclosure Certificate"
shell mean that certain Continuing
Disclosure Certit-lcate executed by the
Issuer and dated the date of issuance
and delivery of the Bonds, as originally
executed and as it may be amended
from time to time in accordance with
the terms thereof.
· "Depository Bonds" shall mean the
Bonds as issued in the form of one
global ceYdficate for each maturity,
registered in the Registration Books
maintained by the Registrar in the
name of DTC or its nominee.
·"DTC" shall mean The Depository
Trust Company, New York, New York,
a limited purpose trust company, or any
successor book-entry securities
depository appointed for the Bonds
· "Issuer" and "City" shaII mean the
City of Dubuque, Iowa.
· "PaYdc~[~ants" shall mean [nose
broker-dealers banks and otner
financia institutions for which OTC
holds Bonds as securities depository.
· "Paying Agent" shall mean the
Wells Fargo Bank iowa, National
Association or such successor as may
be approves by ~ssuer as ~ravlded
herein eno wno shel carry out the
duties prescribed heraln as Issuer's
agent to crovide [or the payment of
principal of and ~terest on the Bonds
as the same shall become due.
· "Project Fund" shall mean the fund
requ~reo to be established by this
Resolution for the deposit of the
oroceeds of the Bonds.
· "Rebate Fund" shall mean the
fund so defined in and established
pursuam [o the Tax Exemption
Certificate.
· "Registrar" shall mean Wells
Fargo Bank Iowa National Association
of Des Moines owa. or such
successor as may De approveo Dy
ssuer as provided herein and who
Reqular Session, Nov~rdb~r 6, 2000
421
AMOUNT
$713,112
$525,663
$524,913
$528,683
$526,363
$518,550
$525,482
$521,388
$516,782
$521,663
$520;519
$518,607
$520,925
$522,219
$527,488
$526,475
$529,438
$526,119
$536,775
shall carry out the duties prescdbed
herein with respect to maintaining a
register of the owners of the Bends.
Unless otherwise specified, the
Registrar shall also act as Transfer
Agent for the Bends.
· "Representation Letter" shall
mean the B[anket-lssser Letter of
Representations executed and
delivered by the Issuer to DTC.
· "Tax Exemption Cert~cate" shall
mean the Tax Exemption Certificate
executed by the Treasurer and
delivered at the time of issuance and
delivery of the Bends.
· "Treasurer" shall mean the City
Treasurer or such other officer as shall
succeed to the same duties and
responsibilities with respect to the
recording and payment of the Bonds
issued hereunder.
Section 2. Lew and Certification of
Annual Tax; Other Funds te be Used.
(a) LewofAnnualTax. Thatforthe
purpose of providing funds to pay the
principal and interest of the Bonds
hereinafter authorized to be issued,
there is hereby levied for each future
year the following direct annual tax on
ali of the taxable property in Dubuque,
Iowa, to-wit:
FISCAL YEAR (JULY 1 TO JUNE 30)
._YEAR OF COLLECTION:
2001/2002
2002/2003
2003/2004
2004/2005
2005/2006
2006/2007
2007/2008
2008/2009
2009/2010
2010/2011
2011f2012
2012/2013
2013/2014
2014/2015
2015/2016
2016/2017
2017/2018
2018/2019
2019/2020
(NOTE: For example the levy to be
made and certified against the taxable
valuations of January 1, 2000, will be
collected during the fiscal year
commencing July 1, 2001).
(b) Resolution to be Filed With
County Auditor. A cerdfied copy of this
Resolution should be filed with the
County Auditor of Dubuque County,
Iowa, and said Auditor is hereby
instructed in and for each of the years
as provided, to levy and assess the tax
hereby authorized in Section 2 of this
Resolution, in like manner as other
taxes are levied and assessed, and
such taxes so levied in and for each of
the years aforesaid be collected in like
manner as other taxes of the City are
collected, and when collected be used
for the purpose of paying principal and
interest on said Bonds issued in
anticipation of said tax, and for no other
purpose whatsoever.
(c) Additional City Funds Available
Principal and interest coming due at
any time when the proceeds of said tax
on hand shall be insufficient to pay the
same shall be promp~y paid when due
from current funds of the City available
for that purpose and reimbursement
shall be made from such special fund
in the amounts thus advanced.
Section 3. Bond Fund. Said tax
shall be collected each year at the
same time and in the same manner as,
and in addition to, all other taxes in and
for the City, and when collected they
shall be converted into a special f~nd
within the Debt Service Fund to be
known . as the "GENERAL
OBLIGATION BOND FUND 2000 NO.
ONE" (the '!Bond Fund"), which is
hereby pledged for and shall be used
only for the payment of the principal of
and interest on the Bonds hereinafter
authorized to be issued; and also there
shall be apportioned to said fund its
proportion of taxes received by the City
from railway, express, telephone and
telegraph companies and other taxes
assessed by the Iowa State
Department of Revenue.
Section 4. Anolication of Bond
Proceeds. Proceeds of the Bonds
other than accrued interest except as
may be provided below shall be
credited to the Project Fund and
expended therefrom for the purposes
of issuance. Any amounts on hand in
the Project Fund shall be available for
the payment of the principal of or
interest on the Bonds at any time that
other funds shall be insufficient to the
purpose, in which event such funds
shall be repaid to the Project Fund at
the earliest opportunity. Any balance
on hand in the Project Fund and not
immediately required for its purposes
may be invested not inconsistent with
limitations provided by law or this
Resolution. Accrued interest, if~any,
shall be deposited in the Bond Fund.
Section 5. Investments of Bond
Fund Proceed~ All moneys held in the
Bond Fund, provided for by Section 3
of this Resolution shall be invested in
investments permitted by Chapter 12B,
Code of Iowa, 1999 (formerly Chapter
422 Regular Session, November 6, 2000
452, Code of Iowa, as amended) or
aeposited in financial institutions which
are members of the Federal Depos'r[
Insurance Corporation and the deposits
~n 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 in compliance
with the State Sinking Fund provided
under Chapter 12C of the Code of
owa. 1999, as amended or othenMse
by a valid pledge of direct obligations of
the United States Government having
an equivalent market value. Ail SUCh
intedm investments shall mature before
the date on which the moneys are
required for payment of principal of or
interest on the Bonds as herein
provided.
Section 6. Bond Details Execution
and Redemption.
(a) Bond Details.. General Obligation
Bonds of the City in the amount of
$6,265,000, shall be issued pursuant to
the provisions of Sections 384.24 and
384.25 of the City Code of Iowa for the
aforesaid purpose. The Bonds shall be
designated "GENERAL OBLIGATION
BOND. SERIES 2000C". be dated
November 1, 2000, ano bear interest
from the date thereof, until payment
thereof, at the office of the Paying
Agent, said interest payable on June 1
2001. and semiannually thereafter on
the [st day of June and December in
each year until matudty at the rates
hereinafter provided.
The Bonds shaII be executed by the
manual or facsimile signature of the
Mayor and attested by the manual or
facsimile signature of the Clerk, and
impressed or pdnted with the seal of
the City and shall be fully registered as
to uoth pdncipal 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 cf the Bond. The
Bonos shall be in the denomination of
$5,000 or multiples thereofi The Bonds
sharl mature and bear interest as
[ol[o~vs:
interest Principal Matudty
qate Amount June 1st
~'~000% ~205.000 2002
5,000 215,000 2003
5,000 225.000 2004
5.125 240,000 2005
5,125 250.000 2006
8,125 255.000 2007
5.t25 275.000 2008
5. I25 285.000 2009
5.125 295,000 2010
5.125 315,000 2011
5.125 330,000 2012
5.125 345.000 2013
5.125 385.000 2014
5.125 385.000 2015
5.125 410 000 2016
5.125 430,000 2017
5.125 455.000 2018
5.125 475.000 2019
5.250 510,000 2020
(b) Redern~tiQn. Bonds maturing
after June 1, 2009 may be called for
redemption by the Issuer and paid
before maturity on said date or any
date thereafter, from any funds
regardless of source, in whole or from
time to time in part, in any order of
maturity and within an annual maturity
by lot The Terms of redemption shall
be par, plus accrued interest [o date of
call.
ThiKy days' notice 'of reaemption
shall be given by first class mail to the
registered owner of the Bond. Failure
to give such notice by mail to any
registered owner of the Bonds or any
defect therein shall not affect the
validity of any proceedings for the
redemption of the Bonds. All Bonds or
portions thereof called for reaemption
will cease to bear interest after the
specified redemption date provided
funds for their redemption are on
depes~t au me place of paymenT.
If selection by lot within a matudty is
reauired, the Registrar shall designate
the Bonds to be redeemec by random
selection of the names of the registered
owners of the enure annual 'natudty
until the total amount of Bonds [o be
called has been reached.
Section 7 Issuance of Bonds in
Book-Fntrv Form' Replacement Bglqd~
(a) Notwithstanding the other
provisions of this Resolution regarding
registration, ownersnip, transfer,
payment and exchange of the Bonds
unless the Issuer determines to 9ermit
the exchange of Deoesltory Bonds for
Bonds in the Authorized
Denominations. the Bonds shall be
issued as Depository Bonds n
denominations of the entire principal
amount of each maturity of Bonds for
if a poruon of said principal amount is
prepaid, said principa amount less the
prepaid amount~: and such Depository
Bonds shall be registered in the name
of Cede & Co. as nominee of DTC.
Payment of semi-annual interest for
any Depesitor~ Bond shall be maae Dy
wire transfer or New York Clearing
House or equivalent next da¢, funds to
rne account of Cede & Co on the
Reqular Session, Novembei' 6, 2000
47~
interest payment date for the Bonds at
the address indicated ~n or pursuant to
the Reprssentation Letter.
(b) W-C,h respect [o Depository
Bonds. neither the Issuer nor the
Paying Agent shall have any
rssponsibility or obligation to any
Paddcipant or to any-Beneficial Owner.
VCCuhout ~imifing the immediately
preceding sentence, neither the Issuer
nor the Paying Agent shall have any
responsibility or obligation with respect
to (i) the accuracy of the records of
DTC or its nominee or of any
Participant with respect to any
ownership interest in the Bonds, (ii) the
delivery to any Participant, any
Beneficial Owner or any other person,
ether than DTC or its nomlnea, of any
~otJce with respect to the Bonds,
(iii) the payment to any Participant, any
Beneficial O~er or any other person,
other than DTC or its nominee, of any
amount with respect to the principal of,
premium if any, or interest on me
Bonds, or (iv) the failure of DTC to
provide any information or notificatior
on beha~ of any Participant or
Beneticia] Owner.
The Issuer and the Paying Agent
may treat DTC or its nominee as, and
deem DTC or its nominee to be: me
absolute owner of each Bond for the
purpsse of payment of the Ddnc'pal of,
premium, if any, and interest on such
Bond for the purpose of all other
ma~ers w~th respect to such Bond, for
the purpose of registering transfers
with respect to such Bonds, and for all
other purposes whatsoever (except for
the giving of certain Bondholder
consents, in accordance with the
practices and procedures of DTC as
may be applicable thereto). The
Paying Agent shall pay all principal of,
premium, if any, and interest on the
Bonds only to ar upon the order of the
Bondholders as shown on the
Registration Books, and all such
payments shall be valid and effective to
fully satisfy and discharge the Issuer's
obligations with respect to the principal
of, premium, if any, and interest on the
Bonds to the extent so paid.
Notwithstanding the provisions of this
Resolution to the contrary (including
without limitation those provisions
relating to the surrender of Bonds,
registration thereof, and issuance in
AuthoRed Denominations), as long as
the Bonds are Depository Bonds, full
effect shsl~ be given to the
Representation Letter and the
procedurss and practices of OTC
thereunder, and the Paying-Agent shell
comply therewith.
(c) Upon (0 a determina~on ay the
ssuer that DTC is no longer able to
carry out its functions or Is otherwise
determined unsafisfactory, er (ii) a
determination by DTC that the Bonds
are no longer eligible for its depository
services or (iii) a determination by the
Paying Agent that DTC has resigned or
discontinued its services for the Bonds
the Issuer shall (A) designate a
safisfactory substitute depository as se~
forth below or, if a satisfactory
substitute is not found, (B) provide for
the exchange of Depository Bonds for
replacement Bonds in Authorized
Denominations.
(d) If the Issuer determines m
provide for the exchange of Depository
Bonds for Bonds in Authorized
Denominafions, the Issuer shall so
notify the Paying Agent and shall
provide the Registrar with a supply of
executed unauthenticated Bonds to be
so exchanged. The Registrar shall
thereupon notify the owners of the
Bonds and provide for such exchange,
and to the extent that the Beneficial
Owners are designated as the
transferee by the owners, the Bonds
will be delivered in appropriate form,
content and Authorized Denominations
to the i~eneflcial Owners. as their
interests appear.
(e) Any substf[ute depository shall
be designated in writing by the issuer
to the Paying Agent. Any such
substitute depository shall be a
quatifled and registered "clearing
agency" as provided in Section 17A of
the Securities Exchange Act of 1934,
as amended. The substitute depository
shall provide for (i) immobilization of
the Depository Bonds, (ii) registration
and transfer of interests in Depository
Bonds by book entries made on
records of the depository or its
nominee and (iii) payment of principal
of, premium, if any, and interest on the
Bonds in accordance with and as such
interests may appear with respect to
such book entries.
Section 8. Re~istrafion of Bonds'
Appointment of Reqistrar; Transfer;
Qwnership; Delive~ and Cancellation.
(a) J~C,.gJ~LE~JLED.. The ownership of
Bonds may be transferred only by the
making of an entry upon the books kept
for the registration and transfer of
ownership of the Bonds, and in no
other way. Wells Fargo Bank Iowa,
National Associafion is hereby
appointed as Bond Registrar under the
terms of this Resolution and under the
provisions of a separate agreement
/,24 Regular Session, November 6, 2000
with the Issuer filed herewith which is
made a sart hereof by this reference.
Registrar shall maintain the books of
the Issuer for the registration of
ownership of the Bonds for the
payment of principal of and interest on
the Bonds as srovided in this
Rssoludon. Ali Bonds shall be
negotiable as provided in Article 8 of
the Uniform Commercial Code and
Section 384.31 of the Cods of iowa.
subject to the provisions for registration
and transfer contained in the Bonds
and in this Resolution.
(b) Transfer The ownership of any
Bond may be transferred only upon the
Registration Books kept for the
registration and transfer of Bonds and
only upon surrender thereof at the
office of the Registrar together with an
assignment duly executed by the
herder, or his duly authorized a~orney in
[act ~n such form as shall De
satisfactory to the Registrar, along with
the address and social securfiy number
or federal employer identification
number of such transferee (or, if
registration is to be made in the name
of muldple indMduals, 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
coaxer, there must be disclosed on the
Registration Books the information
3erbaining [o the registered owner
required above. Upon me transfer of
any such Bond, a new fully registered
Bond, of any denomination or
denominations permittec by this
Resolution ~n aggregate principal
amount equal to the unma~ureo and
unredeemed pdncipa~ amount of such
transferred fully registered Bond and
beadng interest at the same rate and
maturing on the same date or dates
shall be delivered by the Registrar
(c) Regiatratior of Transfarred
Bonds. In all cases of the transfer of
the Bonds, the Registrar shall register,
at the eadiest practicable time, on the
Registration Books, the Bonds in
accordance with the erevisiees of this
Resolution
(d) Ownershio Asto any Bond, the
person in whose name the ownership
of the same shall be registered on the
Registration Books of the Registrar
shall be deemed and regarded as me
absolute owner thereof for all
purposes, and saymen~ of or on
account of the orinciDal of any such
Bonds and the 3remium, if any, and
interest tneraon shall be maee only to
or upon the order of the registered
owner thereof o~ his regal
representative. All such payments
shall be valid and effectual to satisfy
and discharge the liability upon such
Bond, including the interest thereon, to
the extent of the sum or sums so paid.
(e) Cancellation. All Bonds which
have Dean redeemed shall not be
reissued but shall be cancelled by the
Registrar. All Bonds which are
cancelled oy the Registrar shall be
destroyed and a certificate of the
destruction thereof shall be furnished
promptly to the Issuer. provided that if
the Issuer shall so direct, the Registrar
shall forward the cancelled Bonds to
the Issuer.
h(f)e Non-Presentment of Bonds. In
t event any payment check
representing payment of principal of or
interest on the Bonds is returned to the
Paying Agent or if any bond is not
presented for payment of principal at
the maturity or redemption date, if
funds sufficient to pay such principal of
or interest on Bonds shall have been
made available to the Paying Agent for
the benet-rt of the owner thereof, all
liabilify of the ssuer to the owner
thereof for such interest or payment of
such Bonds shall forthwith cease
terminate anc be completely
discharged, and thereupon ri shall De
me dut~ of the Paying Agent to hold
such funds without liability for ~meres[
thereon, for the benefit of the owner of
such Bonds who shall thereafter ce
restricted exclusiveiy 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 e~ual
to two years and si:< months following
the sate on which such interest or
principal became due whether at
maturity, or at the date fixed for
redemption thereof, or otherwise at
which time the Paying Agent, shall
surrender any remaining funds so held
to the Issuer, wnereupon any claim
under this Resolution by the Owners of
sucn interest or Bonds of whatever
nature shall Be mace upon me Issuer
(g) Reaistrabon and Transfer Fees
The Registrar may furnish re each
owner at the Issuer's expense, one
bond for each annual maturity. The
Registrar snail furnish additiona bonds
in lesser denominations (but not less
than the minimum denomination) to an
owner who so reoues~.
Section 9. Reissuance of Mutilated,
Destroyed Stolen or Lost Bonds. In
Regular Session,
case any outstanding Bond shall
become mutilated or be destroyed,
stolen or lost, the Issuer shall at the
request of Registrar authenticate and
deliver a new Bond of like tenor and
amount as the Bond so mutilated,
destroyed, stolen or lost, in exchange
and substitution for such mutilated
Bond to Registrar, upon surrender of
such mutilated Bond, or io lieu of and
substitution for the Bond destroyed,
stolen or lost, upon filing with the
Registrar evidence satisfactory to the
Registrar and Issuer that such Bond
has been destroyed, stolen or lost and
proof of o~nership thereof, and upon
furnishing the Registrar and Issuer with
satisfactory indemnity and complying
with such other reasonable regulations
as the Issuer or its agent may prescribe
and paying such expenses as the
Issuer may incur in connection
therewf[h.
Section 10. Record Date. Payments
of principal and interest, otherwise than
upon full redemption, made in respect
of any Bond, shall be made to the
registered holder thereof or to their
designated agent as the same appear
on the books of the Registrar on the
15th day preceding the payment date.
All such payments shall fully discharge
the obligations of the Issuer in respect
of such Bonds to the extent of the
payments so made. Payment of
principal shall only be made upon
surrender of the Bond to the Paying
Agent.
Section 11. Execution,
Authentication and Delivery of
~onds. Upon the adoption of this
Resolufion, the Mayor and Clerk shall
NoVember 6~ ~,000 4?5
execute and deliver the Bonds to the
Registrar, who shall authenticate the
Bonds and deliver the same to or upon
order of the Purchaser. No Bond shall
be valid or obligatory for any purpose
or shatl be ended to any right or
benefit hereunder unless the Registrar
shah duiy endorse and execute on
such Bond a Certificate of
Authentication substantially in the form
of the Certificate herein set forth. Such
Certificate upon any Bond executed on
behalf of the Issuer shall be conclusive
evidence that the Bond so
authenticated has been duly issued
under this Resolution and that the
holder thereof is entitled to the benefits
of this Resolution.
No Bonds shall be authenticated and
delivered by the Registrar unless and
until there shall have been provided the
following:
1. A certified copy of the Resolution
of Issuer authorizing the issuance of
the Bonds;
2. A wdtten order of Issuer signed
by the Treasurer of the Issuer directing
the authentication and delivery of the
Bonds to or upon the order of the
Purchaser upon payment of the
purchase pdce as set for[h therein;
3. The approving opinion of Ahlers,
Cooney, Dorweiler, Haynie, Smith &
Allbee, P.C., Bond Counsel,
concerning the validity and legality of
all the Bonds proposed to be issued.
Section 12. Ri(iht to Name Substitute
Payinq Aqent or Registrar. Issuer
reserves the dght to name a substitute,
successor Registrar or Paying Agent
upon giving prompt written notice to
each registered bondholder.
426 Regular Session. November 6, 2000
Section 13. Form of Bond. Bonds shall be printed ha substantial compliance with
standards proposed by the American Standards Irmtimte substantially in the form as
follows:
I (6) [ ~ 7
(1)
(9)
(9~)
(~)
(10)
(Continued on the back of this Bond)
[ [ (14) ] L 05)
FIGURE I
(Front)
Reqular Session, November 6, 2000
427
(10)
(Condnued)
(16)
FIGLrRE 2
(Back)
428
Regular Session, November 6, 2000
FIGURE 2
(Back)
The text of the Bonds to be located
thereon -at the item numbers shown
snail be as follows:
Item 1, figure 1
"STATE OF IOWA"
"COUNTY OF DUBUQUE"
"CITY OF DUBUQUE"
"GENERAL OBLIGATION BOND"
"SERIES 2000C"
Item 2, figure 1
Rate;
Item 3, figure 1
Maturity'
item 4, figure 1
Bond Date: November 1 2000
~tem 5, figure 1
Cusip No.:
Item 6, figure 1
"Registered"
Item 7, figure 1
CertJflcate No,
~mm 8, figure 1
Principal Amount: $
Item 9, figure 1
The City of Dubuque, Iowa. a
municipal corporation organized and
existing unoer and oy virtue of the
Constitution and aws of the State of
owe (the "Issuer"), for value received
3rom~ses to pay from the source and
as hereinafter provided on the maturity
date indicated above to Item 9A, figure 1 =
(Registration panel to ee completed
oy Registrar or Printer with name of
Registered Owner).
~tem 10, figure 1 =
or registered assigns, the principal
sun' of (principal amount written out)
THOUSAND DOLLARS in lawfu
~noney of the United States of America.
on the maturity date shown above, only
upon presentation and surrender
qereof at the office of Wells Fargo
9ank iowa. National Association.
Paying Agent of this issue, or [ts
successor with interest on said sum
from the date hereof until paid ar the
rate Der annum soeoitiec above
payable on June I 2001. and
semiannually thereafter on the 1st day
of June and December in each year.
Interest and principal shall be Sale to
the registered hstder of the Bond as
ShOWn on me recores of ownershio
maintained by the Registrar as of the
15th day preceding such interest
payment date. Interest shall be
comouted or me basis of a 360-day
year of twelve 30-day months.
This Bond is issued pursuant to the
provisions of Sections 384.24 ano
384.25 of the C[[y Code of iow&, for the
purpose of paying costs of aiding in the
planning, undertaking ano carrying out
of uroan renewal project activities
under the authority of Chapter 403 of
the Code of Iowa and the Amended
and Restated Urban Renewa Plan for
the Downtown Dubuque Urban
Renewal District including out ~ot
limited ro the construcuon of a
structured parking facility located at
Third and Main Street: and construction
of improvements at the Dubuque
Regional Airport, including those costs
essociatec with the rehabilitation and
improvement of existing T-hangar
airo~ane facilities and the construction
of new T-hangar airplane facilities, in
conformity [o a Resolution of the
Council of said City duly oaeseo and
approved.
Unless this certificate s presented
by an authorized representative of The
Depository Trust Company, a limited
purpose trust company ("OTC"), to tt~e
issuer or its agent for registration of
transfer, excnange or payment and
any certificate issued is registered in
the name of Cede & Co. or such other
name as requested by an authorized
representative of DTC (and any
payment is made to Cede & Co. or to
such other entity as is requested by an
authorized representative of ~TC),
ANY TRANSFER PLEDGE OR
OTHER USE HEREOF =OR VALUE
OR OTHERWISE BY OR TO ANY
PERSON IS WRONGFUL inasmuch as
the registered owner hereof, Cede &
Co. has an interest herein.
Bonds maturing after dune I 2009
may be called for redem 3'don by me
Issuer and paid before maturity on said
cate or any date thereafter, from any
funds regardless of source. In whole or
from time to time in part, in any order of
maturity aha within an annual matunty
by lot. The terms of redemption shall
be par, plus accrued interest to date of
cae
Thirty days' notice of redemption
shall be given by first claes mail to the
registered owner of the Bond. Failure
to give SUCh notice By mail to any
registered owner of the Bonds or any
defect there~n shal not affect the
validity of any proceedings for tne
reaemDtion of the Bonds All bonds or
portions thereof cai[ed for reaempuon
will cease to bear nterest after the
specified redemotion date. orovided
funds for their redemption are on
deoosit at the place of payment.
If selection By lot within a maturity ~s
reou[red, the Registrar shall designate
the bonds to De reeeemeo Dy random
Reqular Session,
selection of the names of the registered
owners of the entire annual matudty
until the total amount of bonds to be
called has been reached.
Qwnership of this Bond may be
transferred only by transfer upon the
books kept for such purpose by Wells
Fargo Bank Iowa, National Association,
the Registrar. Such transfer on the
books shall occur only upon
presentation and surrender of this
Bond at the office of the Registrar as
designated below; together with an
assignment duly executed by the owner
hereof or his duly authorized attorney
in the form as shall be satisfactory to
the Registrar. Issuer reserves the dght
to substitute the Registrar and Paying
Agent but shall, however, promp~y 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 384.31 of the Code of Iowa,
subject to the provisions for registration
and transfer contained in the Bond
Resolution.
This Bond is a "qualified tax-exempt
obligation" designated by the City for
purposes of Section 265(b)(3)(B) of the
Internal Revenue Code of I986.
STATEMENT OF INSURANCE
Financial Guaranty Insurance
Company ("Financial Guaranty") has
issued a policy containing the following
provisions with respect to the City of
Dubuque, Dubuque County, Iowa,
Genera[ Obligation Bonds, Series
2000C, matudng inthe years 2015
through 2020 (the "Bonds"), such policy
being on file at the principal office of
Wells Fargo Bank Iowa, National
Association, as paying agent (the
"Paying Agent"):
Financial Guaranty hereby
unconditionally and irrevocably agrees
to pay for disbursement to the
Bondholders that portion of the
principal of and interest on the Bonds
which is then due for payment and
which the issuer of the Bonds (the
"Issuer") shall have failed to provide.
Due for payment means, with respect
to principal, the stated maturity date
thereof, or the date on which the same
shall have been duly called for
mandatory sinking fund redemption
and does not refer to any earlier date
on which the payment of principal of
the Bonds is due by reason of call for
redemption (other than mandatory
sinking fund redemption), acceleration
or other advancement of maturity, and
with respect to interest, the stated date
for payment of such interest. Upon
NoVember 6, 2000 429
receipt of telephonic or telegraphic
notice, subsequenUy confirmed in
wri~ng, or written notice by
registered or certified mai[, from a
Bondholder or the Paying Agent to
Financial Guaranty that the required
payment of principal or interest has not
been made by the Issuer to the Paying
Agent, Financial Guaranty on the due
date of such payment or within one
business day after receipt of notice cf
such nonpayment, whichever is later,
will make a deposit of funds, in an
account with State Street Bank and
Trust Company, N.A., or its successor
as its agent (the "Fiscal Agent"),
sufficient to make the portion of such
payment not paid by the Issuer. Upon
:resentation to the Fiscal Agent of
evidence satisfactory to it of the
Bondho[der's dght to receive such
payment and any appropriate
instruments of assignment required to
vest all of such Bondholder's right to
such payment in Financial Guaranty,
the Fiscal Agent will disburse such
amount to the Bondholder. As used
herein the term "Bondholder'' means
the person other than the Issuer or the
borrower(s) of bond proceeds who st
the time of nonpayment of a Bond is
ent~ed under the terms of such Bond
to payment thereof.
The policy is non-cancellable for any
reason.
FINANciAL GUARANTY
INSURANCE COMPANY
And it is hereby represented and
certified that all acts, conditions and
things requisite, according to the laws
and Constitution of the State of Iowa, to
exist, to be had, to be done, or to be
performed precedent to the lawful issue
of this Bond, have been existent, had,
done and performed as required by
law; that provision has been made for
the levy of a sufficient continuing
annual tax on ail the taxable property
within the territory of the Issuer for the
payment of the principal and interest of
this Bond asthe same will respectively
become due; that the faith, credit,
revenues and resources and alt the
real and personal property of the Issuer
are irrevocably pledged for the prompt
payment hereof, both principal and
interest; and the total indebtedness of
the issuer including this Bond~ does not
exceed the constitutional or statutory
limitations.
IN TESTIMONY WHEREOF, the
Issuer by its Council, has caused this
Bond to be signed by the manual
signature of its Mayor and attested by
th~ manual signature of its Cit7 Clerk,
43O
Regular Session, November 6, 2000
with the seal of said Cit~ impressed
hereon, and to be authenticated by the
manual signature of an authorized
representative of the Registrar, Wells
Fargo Bank Iowa, National Association,
Des Moines. Iowa.
Item 11 figure 1
Date of authentication:
Item 12, figure 1
Titis is one of the Bonds described in
the within mentioned Resolution, as
registered by We~Is Fargo Bank lo,va,
National Association.
WELLS FARGO SANK iOWA,
NATIONAL ASSOCIATION. Registrar
B~
Authorized Signature
Item 13, figure 1
Registrar and Transfer Agent:
Wells Fargo Bank Iowa, National
Association Paying Agent: Wells Fargo
Bank Iowa, National Association
Corporate Trust Operations
MAC N9303-121
Sixth & Marquette Avenue
Minneapolis, MN 55479
SEE REVERSE FOR CERTAIN
DEFINITIONS
Item 14, figure 1 = (Seal)
Item 15, figure 1 = [Signature Block)
CF(Y OF DUBUQUE, IOWA
By; (manual siqnature)
Mayor
ATTEST:
By; (manual sidnatu re/
City Clerk
item 16, 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 ano
appoint attorney in fact to
transfer the said Bond on the books
kept for registration of the within Bond
with full power of substitution in the
premises.
Dated
(Person(s) executing this Assignment
sign(si here)
SIGNATURE )
GUARANTEED~
IMPORTANT - READ CAREFULLY
The signature(s) to this Power must
correspond with the namers) as wn~en
uoon the face of the certificate(s) or
bond(s) n eveW particular without
change whatever. Signature guarantee
must be provided in accordance with
the prevailing standards and
crocedures of the Registrar anc
Transfer Agent. Such standards and
procedures may require signature to De
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 Secudtv or Tax
identification Number of
Transferee(s}
Transferee is a(n):
Individual* Corporation __
Partnership Trust
*If the Bond is to be registered in the
names of multiple individual owners
the names of all such owners and one
address and social security number
must be provided
The following abbreviations when used
in the inscription on the face sf this
Bond, shall be construed as though
writts~ out in full according ro
aDolicable laws or regulations:
TEN COM- as tenants in common
TEN ENT - as tenan[s by the
entireties
JT TEN - as joint tenants with dght
of survivorship and not as tenants in
common
iA UN[F TRANS MIN ACT -
............ Custodian ..........
(Cust) (Minor)
under iowa Uniform Transfers
to Minors Act ...................
(State)
ADDITIONAL ABBREVIATIONS MAY
ALSO BE USED THOUGH NOT lb,
THE ABOVE LIST
Section 14. Contract BeNveen ~ssuer
and Purchaser. This Resolutior
constitutes a contract between saic
City and the ourchaser of the Bonds.
Section 15. Non-Arbitrac]e
~. The Issuer reasonably
expects and covenants that -o use will
be made of the eroceeds from the
issuance and sale of the Bonds issued
nereunder which will cause any of the
Bonds to be classified as arbitrage
bonds within the meamng of Sections
148(a) and (b) of the Internal Revenue
Code of the United States as
amended and that througnout the term
of the Bonds 't will comply with the
requirements of statutes and
regula'~ons issued thereunder,
To the best knowledge and belief of
Reqular Session, November 6, 2000
431
the Issuer, there are no facts or
circumstances that would matedally
change the foregoing statements or the
conclusion that it is not expected that
the proceeds of the Bonds wil[ be used
in a manner that would cause the
Bonds to be arbitrage bonds. Without
limiting the generalit~of the foregoing,
the issuer here.by agrees to comply
with the prey]stuns of the Tax
Exemption Certficate and the
provisions of the Tax Exemption
Certificate are hereby incorporated by
reference as part of this Resolution.
The Treasurer is hereby directed to
make and insert all calculations and
determinations necessary to complete
the Tax Exemption Certficate in all
respects and to execute and deliver the
Tax Exemption Certficate at issuance
of the Bonds to certify as to the
reasonable expectations and
covenants of the issuer at that date.
Section 16. SeverabilitvClause. If
any section, paragraph, clause or
provision of this Resolution be held
invalid, such invalidity shall not affect
any of the remaining provisions hereof,
and this Resolution shall become
effective immediately upon its passage
and approval.
Section 17. Continuino Disclosure.
The Issuer hereby covenants and
agrees that it will comply with and carry
out all of the provisions of the
Continuing Disclosure Certificate, and
the provisions of the Continuing
Disclosure Certficate are hereby
incorporated by reference as part of
this Resolution and made a part hereof.
Notwithstanding any other provision of
this Resolution, failure of the Issuer to
comply with the Continuing Disclosure
Certificate shall not be considered an
event of default under this Resolution;
however, any holder of the Bonds or
Beneficial Owner may take such
actions as may be necessary and
appropriate, including seeking specific
performance by court order, to c~use
the Issuer to comply with its obligations
under the Continuing Disclosure
Certficate. For purposes of this
section; "Beneficial Owner" means any
person which (a) has the power,
directly or indirecity, to vote or consent
with rsspect to, or to dispose of
ownership of, any Bond (including
persons holding Bonds through
nominees, depositories or other
intermediaries), or (b) is treated as the
owner of any Bonds for federal income
tax purpesas.
Section 18. Additional Covenants.
Representations and Warranties of the
Issuer. The Issuer certifies and
covenants with the purchasers and
holders of the Bonds from time to time
outstanding that the Issuer through its
officers, (a) will make such further
specific covenants, representations
and assurances as may be necessary
or advisable; (b) comply with all
representations, covenants and
assurances contained in the Tax
Exemption Certificate, which Tax
Exemption Certificate shall constituta a
part of the contract between the Issuer
and the owners of the Bends; (c)
consult with bond counsel (as defined
in the Tax Exemption Certiticata); (d)
pay to the United States, as necessary,
such sums of money representing
required rebates of excess arbitrage
profits relating to the Bonds (e) file
such forms, statements and supporting
documents as may be required and in
a timely manner; and (f) if deemed
necessary or advisable by its officers,
to employ and pay fiscal agents,
financial advisors, attorneys and other
persons to assist the Issuer in such
compliance.
Section 19. Amendment of
Resolution to Maintain Tax Exemption.
This Resolution may be amended
without the consent of any owner of the
Bonds if, in the opinion of bond
counsel, such amendment is necessary
to maintain tax exemption with respect
to the Bonds under applicable Federal
law or regulations.
Section 20. Qualified Tax-Exempt
Obligations. For the sole purpose of
qualifying the Bonds as "Qualified Tax-
Exempt Obligations" pursuant to the
Internal Revenue Code of the United
States, the Issuer designates the
Bonds as qualified tax-exempt
obligations and represents that the
reasonably anticipated amount of tax-
exempt governmental and Code
Section 501(c)3 obligations which will
be issued dudng the current calendar
year will not exceed Ten (10) Million
Dollars.
Section 21. Repeal of Conflicting
Resolutions or Ordinances That all
ordinances and resolutions and parts of
ordinances and resolutions in conflict
herewith are hereby repealed.
PASSED AND APPROVED this 6th
day of November, 2000;
John Markham, Mayor Pro-Tern
ATTEST:
Jeanne F. Schneider, City Clerk
Buol moved adoption of the
Resolution. Seconded by Nichotson.
Motion carded 6-0.
432
Regular Session November 6, 2000
County Board of Health:
Communication of Mayor Terrance M.
Duggan to the C~unty Board of
Supe~sors expressing the City's
desire to have representation on the
County Board of Health, presented and
read. Buol moved that the
communica~on be received and filed.
Seconded by Nichoison. ¥1otion
carded 6-0.
319 Area Code: City Manager
submitting information on the change of
the City of Dubuque's area coae,
presented and read. Buol moved that
the communicafion be received and
Med. Seconded by Nichoison. Motion
carded 6-0.
NLC Policy informer: City Manager
submitting the October edition of the
Policy Informer from the National
League of Cities, presented and read.
Buol moved that the communication be
received and filed. Seconded by
Nicholson. Motion carried 6-0.
Business License Refunds: Beei and
Liquor Combination License refund to
the Old Shang and Class B Beer
Permit to Cedar Cross Amoco,
presented and reaa. Buol moved that
the requests be received and filed and
concurred with recommendatiom
Seconded by Nicholson Motion
carded 6-0.
Business Licenses:
RESOLUTION NO. 521-00
NOW. THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. iOWA:
That the following having complied
with the provisions of law relating to the
sale of Cigare:ss within the City of
Dubuque. Iowa~ be granted a permit to
se~l Cigarettes and Cigarette Papers
within said City.
NEW
Oky Doky #15 Ronatd J. Me[oy
1101 Rhomberg Ave
Bunker Hill Snack Bar GMS, thc
2200 Bunker Hill Rd
Passed. approved and adopted this
6th day of Novembel. 2000.
John H. Markham, Mayor Pra-Tem
Attest: Jeanne F Schneider, City Clerk
Buol moved aaoption of the
Resolution, Seconded Dy Nicholson.
Motion carried 6-0.
RESOLUTION NO. 522-00
Whereas. applications for Beer
Permits have been submitted and filed
to this Council for approval aec the
same nave peen examined aha
approved: and
Whereas, the premises to De
occupied by such apphcants were
inspected and found to comply with the
Ordinances of this City and have filed
proper bonds.
~OW, THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, OWA:
That the Manager be authorized to
cause to be issued the following namea
applicants a Beer Permit.
CLASS "C' BEER PERMIT
Iowa Oil Company
IOCO Speeae Shoppe # 93+(Sunday
Sale) 3270 Dodge St
Molo Oil Company Big 10 Mart+
(Sunday Sale) 1875 JFK Rd.
Ronald J. Meloy Oky Doky # 15+
(Sunday Sa[e] 1101 Rhomberg Ave
~assed, approved and adopted this
6th day November 2000.
John H. Markham, Mayor Pro-Tern
Attest Jeanne F. Schneider City Clerk
E~uol moved adoption of the
Resolution. Seconded Dy Nicholson.
Motion carded 6-0
RESOLUTION NO. 523-00
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the same
nave beer examined and approved:
and
Whereas. the oremisss to be
occupied by SUCh ap~icants were
inspected and found to comply with the
State Laws and all City Ordinances
relevant thereto and they have flied
oroper bonds.
NOW. THEREFORE. 9E IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
That the Manager be authorized to
cause to be issued the follo~ng named
applicants a Liquor License.
CLASS "C"fCOMMERCIAL)
BEER/LIQUOR LICENSE
Sun's Corp. Yen Ching Restr
926 Main St
Raysan Corp The Bddge Restr.
+(Sunday Sale) 31 Locust St
Aragon TaD Inc. Aragon Taw-
(Sunday Sale) 1103 iowa St
Passed. approvea and aaopted this
6th day of November. 2000.
John Markham Mayor Pro-Tern
Attest: Jeanne F. Schneider. City Clerk
Buol moved aaoption of me
Resolution Seconded Dy Nicho[son.
Motion carried 6-0
Reqular Session, November 6, 2000
433
BOARDS/COMMISSIONS:
Appointment to the following
Boards/Commissions:
Historic Preservation Cbmmission
(Old Main District) - Applicant Audrey
Hensor¢. Michalski moved that Audrey
Henson be appointed to the unexpired
term Which will ' expire 7-1-02.
Seconded by Cline. Motion carried
Michalski moved to suspend the
rules to allow anyone present to
address the Council if they so desire.
Seconded by Robbins. Motion carried
2000 Sidewalk Assessment Project-
Center Grove/Cedar Cross/Embassy
West Dr. (Public Headng tabled from
meeting of October 2, 2000). City
Manager providing additional
information on the 2000 Sidewalk
Assessment Project and requesting
Council direction, presented and read.
Buol moved that the communication
be received and removed Center Grove
Drive from the proposed project and
approved assessments on the west
side of Cedar Cross Rd. Seconded by
Nicholson. Motion carried 6-0.
Jack Schumacher of Shinoak Ct.
spoke in favor of the proposed project,
Gary Pfab, 3360 Center Grove; Peggy
Gruberi 3347 Center Grove; Mark
Dominy, Lonnie Harem, 3369 Center
Grove; Tom Zalaznik for his father
Edward of 3338 Center Grove; Jeff
Weber, 3450 Center Grove all spoke in
opposition to the proposed project.
Voluntary Annexation - Riprow
Valley Project: Proof of publication on
notice of public headng to consider
rezoning property located east of Julien
Dubuque Drive and City Manager
recommending approval of a voluntary
annexation request for the Riprow
Valley Project, presented and read.
Robbins moved that the
communication be received and filed.
Seconded by Nicho[son. Motion
carried 6-0.
An Ordinance Amending Appendix A
(the Zoning Ordinance) of the City of
Dubuque Code of Ordinances by
reclassifying hereinafter dsscdbed
property located east of Julian
Dubuque Drive from County
Agricultural Distdct to R-1 Single
Family Residential Zoning District
concurrent with annexation, presented
and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO, 96-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
EAST OF JULIEN DUBUQUE DRIVE
FROM COUNTY A-I AGRICULTURAL
DISTRICT TO R-1 SINGLE-FAMILY
RESIDENTIAL ZONING DISTRICT
CONCURRENT WITH ANNEXATION
Whereas, the City of Dubuque,
property owner, has requested
rezoning concurrent with annexation to
the City of Dubuque in accordance with
Section 2-3 of Appendix A (Zoning
Ordinance) of the City of Dubuque
Code of Ordinances; and
Whereas, this request has been
found to be consistenl with the
Comprehensive Plan and the Future
Land Use Map of the Comprehensive
Plan.
NOW.. THEREFORE, BE T
ORDAINED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE iOWA:
Section 1 That Appendix A Cf'he
Zoning Ordinance) of the City of
Dubuque Code of Ordinances is
hereby amended by reclassifying the
hereinafter described properly from
Dubuque County A-1 Agricultural
Distdct to City of Dubuque R-1 Single-
Family Residential District, to wit:
Lot A of Government Lot 1 Section 6'
Lot 4 of Fractional Government Lot 1 of
Section 6 Townshio 88 North. Range 3
East of the Fifth Principal meridian n
Dubuque County, Iowa: and all that
)ortion of the Mississippi River bed in
the Northeast Fractional Quarter of
Section 6 and the Northwest Fractional
Quarter in Section 5 lying north of the
southerly line of Lot 1 of the
Subdivision of Government Lots I and
2 in Section 5. extended easterly to the
State line between Iowa and Illinois, all
in Township 88 North, Range 3 East of
the Fifth Princioal meridian in Dubuque
County, Iowa, containing 17.579 acres.
Section 2. The foregoing
amendmen! has heretofore been
reviewed ey the Zoning Advisory
Commission of the City of Dubuque
Section 3. This ordinance shall take
effect immediately upon publication, as
provided by law.
Passed, aoeroved and adopted this
6th oay of November 2000.
John I- Markham. Mayor Pro-Tern
434
Regular Session, November 6, 2000
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 13th day of
November. 2000.
Jeanne F Schneider, City Clerk
It 11/13
Robb[ns moved that the requ~rament
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 De suspended and further
moved final consideration and nassage
of the Ordinance. Seconded by
Nicholson. Motion carried 6-0.
RESOLUTION NO. 524-00
RESOLUTION ANNEXING CERTAIN
TERRITORY
Whereas, the City of Dubuque,
property owner, has voluntarily
petitioned for annexation of
approximately 17.579 acres of property
lying outside of the corporate limits of
[he City of Dubuque, Iowa. as snown
on Exhibit A; and
Whereas Chapter 368 of the ~Code
of Iowa authorizes the extension of City
limits ir situations of this character by
adoption of a resolution after
notification as required by State
regulations: and
Whereas. this request has been
'ound to be consistent with the
Comprehensive Plan and The Future
Land Use Map of the Comprehensive
Plan; and
Whereas the future growth aha
development of the City of Dubuque,
Iowa, make it desirable that said
property ne made part of the City of
Dubuque. Iowa.
~lOW THEREFORE. BE
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1 Thattheterritodallimits of
Dubuque, Iowa be. and they hereby
are extended to include the property
legally aescribed as Exhibit A and as
shown in Exhibit B.
Section 2. The territory hereby
annexed shall 3ecome a Dar~ of the
First Precinct of the First Ward of the
Cit~ of Dubuque, Iowa.
Section 3. That the City Clerk shall
file this resolution, all exhibits and the
netition for voluntary annexation with
the State of Iowa n accordance with
State regulations.
Passed approved aha adopted this
6th day of November, 2000.
John H. Markham, Mayor Pra-Tem
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adootion of the
Resolution. Seconded by Nicholson.
Motion carried 6-0.
Ingress/Egress Easement for K]auer
Manufacturing Company: Proof of
publication on ~otice of public hearing
to consloer the disposition of real
property to Klauer Vianufactur[ng
Company and City Manager
recommending approval of an
ingress/egrass easement, ~rasented
and read. Robbins moved that the
Drool and communication be received
and filed. Seconded by Micha[ski.
Motion carried 6-0.
RESOLUTION NO. 525-00
RESOLUTION DISPOSING OF
INTEREST IN REAL PROPERTY BY
GRANTING AN INGRESS/EGRESS
EASEMENT TO KLAUER
MANUFACTURING COIV PANY
ADJACENT TO THE NORTH END
NEIGHBORHOOD BIKE/HIKE TRAIL
FROM 22ND STREET TO 32ND
STREET IN THE CITY OF DUBUQUE,
IOWA.
Whereas. the City of Dubuoue has
negosated an ingress and egress
easement with Klauer Manufacturing
Company adjacent to the ~Jorth End
Neighborhood Bike/Hike Trail from
22nd Street m 32nd Street along the
abandoned railroad right-of-way owned
by the City of Dubuque, Iowa. all in the
City of Dubuque. Iowa.
NOW THEREFORE, 3E 7
RESOLVED 3Y THE CITY COUNCIL
OF THE CiTY OF DUBUQUE. OWA:
Section 1 -hat the City of Dubuque
is disposing of an interest of the City of
Dubuque, Dubuque County, Iowa, 'q
real property Dy granting an ingress
and egress easement over and across
part of the abandoned railroad right-of-
way from 26th Street to abutting Lots
281 ana 282. in Glendale Addition. to
Klauer Manufacturing Company, 2600
Washington Street
Section 2. That the City Clerk be
and is hereby authorized and directec
to cause notice to be published as
prescribed under Section 364.7 of the
Code of Iowa.
Passed approved and adopted this
6th aay of November 2000.
John H. Markham. Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Robbins rr~ved adoption of ~ne
Resolution. Seconded by Michalski
V[otion carried 6-0.
Tschiggfrie Commercial - Vacating of
Utility Easements: Proof of publication
on notice of public headng to consider
Regular Session, NOvember 6, 2000
435
the vacating of LCdlity easements on
Lots 4 and 5 of Block 2 of Tschiggfde
Commereial and City Manager
recommending approval, ~resented
and read. Buol moved that the proof
and communication be received and
filed. Seconded by Niche[son. Motion
carded 6-0~
RESOLUTION NO. 526-00
RESOLUTION OF INTENT TO
DISPOSE OF INTEREST AND
VACATE UTILITY EASEMENTS
OVER LOTS 4 AND 5 OF BLOCK 2
OF TSCHIGGFRIE COMMERCIAL IN
THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, the Tschiggfde Excavating
Company is the current owner of Lots 4
and 5 of Block 2 of Tschiggfde
Commercial; and
Whereas, utility easements are
current, platted on each of said lots;
and
Whereas, Tschiggfde Excavating
Company has petitioned to vacate a
per, on of the easements in said iota.
NOW THEREFORE; BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Thatthe C~yofDubuque
intends to dispese of its interest in and
vacate utility easements over Lots 4
and 5 of Block 2 of Tschiggfde
Commercial in the City of Dubuque, as
shown on the attached Exhibit A.
Section 2. That the City Clerk be
and is hereby authorized and directed
to cause a notice of intent to be
published as prescribed under Section
364.7 Code of Iow'a; 1999 or amended.
Passed, approved and adopted this
6th day of November, 2000.
John Markham, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
BUO[ moved adop~on of the
Resolution. Seconded by Nichelson.
Motion carded 6-0.
Saline Street Reconstruction: Proofs
of publication on notice of headng on
plane and specifications and notice to
bidders on the receipt of bids for the
Saline Street Reconstruction Project
and City Manager recommending
award of the contract to Portzen
Construction in the amount of
$458,069.80~ presented and read.
Cline moved that the proofs be
received and filed. Seconded by
Nicholson. Motion carded 6.0.
Richard Wertzberger, representing L
& I Building Company and Bdan Kane,
representing Freedom, Inc. spoke in
opposition to the project. Mike Portzen
and Mike Walters spoke in favor of the
project.
RESOLUTION NO, 627-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 27th day of
September, 2000, plans, specifications,
form of contract and estimated cost
were filed with the City Clerk of
Dubuque, Iowa for the Salina Street
Reconstruction Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and
estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
estimated cost for said improvements
for said project.
Passed, adopted and approved this
6th day of November, 2000.
John H. Markham, Mayor Pro-Tem
Attest: Jeanne F; Schneider; City Clerk
Cline moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 6-0.
RESOLUTION NO. 528-00
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
Saline Street Reconstruction Project
pursuant to Res01ution No. 383-00 and
notice to bidders published in a
newspaper published in the City of
Dubuque; Iowa on the 13th and 20th
days of October, 2000.
Whereas, said sealed proposals
were opened and read on the 26th day
of October 2000, and it has been
determined that the bid of Pod:zen
Construction, Inc. of Dubuque, Iowa, in
the amount of $458,069.80 was the
lowest bid for the furnishings of ail
labor and materials and performing the
work as provided for in the plans and
specifications.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to Portzen
Construction, Inc, and the Manager be
and is hereby directed to execute a
contract on behalf of the City of
Dubuque for the complete performance
efthework.
436 Regular Session, November 6, 2000
BE IT FURTHER RESOLVED:
That upon the signing of said
contract and the approval of the
contractor's bond the City Treasurer is
authorized and instructed to return the
bid deocaits of the unsuccessful
bidders.
Passed. approved and adopted this
6th day of November 2000.
John H. Markham, Mayor Pra-Tem
Attest Jeanne F. Schneider, City Clerk
Cline moved aoopfion of the
Resolution. Seconded by Nicholson.
Vlotion carded 6-0.
RESOLUTION NO. 529-00
RESOLUTION WITH RESPECT TO
THE ADOPTION OF THE
RESOLUTION OF NECESSITY
PROPOSED FOR THE SAUNA
STREET RECONSTRUCTION
PROJECT
Whereas the City Council has
proposed a Resolution of Necessity for
the Salina Street Reconstruction
Project has given notice of the public
heating thereon as required by law;
and
Whereas, the public headng has
been ne[d, all persons offering
objections have been heard and
consideration given to all objections
and is pending before this Council: and
Whereas, this is the time and place
set as provided for the taking of action
on the proposed Resolution of
Necessity.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
That the 2roposed Resolution of
Necessity described above is hereby:
X Adopted, without amendment, and
all objections filed or made having
been duly considered are overruled.
Passed, adopted and approved this
6th aay of November, 2000.
John H. Markham, Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the
Resolution. Seconded by ~licholson.
Motion carded 6-0,
Water Department - Supervisory
Control and Data Acquisition System:
Proofs cf publication on notice of
heanng on a~ans and specifications
and notice to bidders on the receict of
b~ds for the Supervisory Control and
Data Acquisition System Project ano
City Manager recommending award of
me contract to Miller Electhc Supply,
nc. in the amount of $232,999.00,
presented and read. Viichalski movec
that the Droofs and communication be
"eceived ano filed. Seconded Dy
~tobbins. Motion carded 6-0.
P. ESOLUTION NO. 630-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 6th day of October,
2000 specifications form of contract
and estimated cost were filed with the
City Clerk of Dubuque, Iowa for tne
fabrication of a new Supervisory
i Contral and Data Acquis~on System
located at the Eagle Point Water Plant,
1902 Hawthorne Street. and its satellite
locations in Dubuque, lo,va.
Whereas, notice of headng on
specifications form of contract and
estimated cost was published as
reauired by aw.
NOW THEREFORE. BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. The said specifications,
form of contract and estimated cost are
hereby approved as the specifications
form of contract and estimated cost for
said improvement for said project
Passed. approved and adopted this
6th day of November, 2000.
John H. Markham, M~yor Pro-Tern
Attest: Jeanne F. Schneider. City Clerk
Michalski moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 6-0.
RESOLUTION NO. 531-00
AWARD OF CONTRACT
Authorizing the City Manager to
execute a contract with Miller E ecthc
Supply of Dubuque, owa for the
fabricatton of a new Supervisory
Control ana Data AcauisitJon System
project
Whereas the Water Department
Supervisory Control and Data
Acquisition System Project has been
budgeted; and
Whereas Miller Electric Supply of
Dubuque, iowa nas submitted to rne
City an agraemenr to conduct
fabrication services of this
improvement n the amount of
$232.999 dollars
Whereas Funds have been legally
appropriated for this expenditure.
NOW, THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE iOWA:
Section 1 That the City Manager De
authorized to execute rne agreement
for fabrication services with Miller
Electric Supply of Dubuque. iowa dated
October 24, 2000 for the fabrication of
the Water Department Supervisory
Control and Data Acquisition System
ReqUlar Session, NovemDe~ $, 2000
437
Passed, approved and adopted this
6th day of November, 2000.
John H. Markham, Mayor Pro-Tern
Attest Jeanne F. Schneider, City Clerk
Micha[ski moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 6-0~
Eagle Point Water Plant - Chlodne
Feed Room Expansion Project Proofs
of publication on notice of headng on
plans and specs and notice to bidders
on the receipt of bids for the Eagle
Point Water Plant CModne Feed Room
Expansio~ Project, and City Manager
recommending award of the contract to
Portzen Construction in the amount of
$115,649.00, presented and read
Robbins moved that the proofs and
communication be rece'rved and filed.
Seconded by MichalskL Motion carded
RESOLUTION NO. 532-00
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas. on the 6th day of October,
2000 plans, specifications, form of
contract and estimated cost were filed
with the City Clerk of Dubuque, Iowa
for the construction of a 935 sq. ff.
room located at the Eagle Point Water
Plant, 1902 Hawthorne Street.
Dubuque Iowa.
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 DUBUQUE, IOWA:
Section 1. 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
improvement for said project.
Passed, approved and aeepted this
6th aay of November. 2000.
John H. Markham. Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
Resolution. Seconded by Michalski.
Motion carded
RESOLUTION NO. 533-00
AWARD OF CONTRACT
Authorizing the City Manager to
execute a contract with Portzen
Construction Company of Dubuque,
[owe for the construction of the
Chlorine Feed Room Expansion
project.
Whereas, the Eagle Point Water
Plant Chlodne Room Expansion Project
has been budgeted; and
Whereas, Podzen Construction
Company of Dubuque, Iowa has
submitted to the City an agreement to
conduct construction senAces of this
improvement in the amount of
$115,649.00 dollars; and
Whereas, Funds have been legally
appropdat~dem' for this expenditu re.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF DUBUQUE. IOWA:
Section 1. That the City Manager be
authorized to execute the agreement
for construction services with Podzen
Construction Company dated October
24, 2000 for the construction of the
Eagle Point Water Plant Chlorine
Room.
Passed. approved and adopted this
6th day of November, 2000.
John H. Markham. Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adop~on of the
Rssolution. Seconded by Michalsld.
Motion carded 6-0.
Water Department - Pennsylvania
Pump Station: Proofs of publication on
notice of headng on plans and specs
and notice to bidders on the receipt of
bids for the Pennsylvania Pump Station
Project, and City Manager recommend-
ing award of rne conTracT to Per, zen
Construction for $326,111.00.
presented and read. Buol movedthat
the 2roofs and communication De
received and filed. Secondec by
Nicholson. Motion carded
RESOLUTION NO. 534-00
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas. on the 2nd day of
October, 2000 plans, specifications,
form of contract and estimated cost
were ~led with the City Clerk of
Dubuque, iowa for the construction of a
1242 sq. ft. building with pumps and
equipment located at 4136
Pennsylvania Avenue Dubuque, Iowa;
and
Whereas, notice of hearing 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:
Section 1. 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
438
Re§ ular Session, November 6, 2000
imorovement for said project_
Passed, approved and adopted this
6th day of November. 2000.
Johrr H. Markham, Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Buol moved aQoptio~ of the
Resolution. Seconded by Nicholson.
Motion carded 6-0.
RESOLUTION NO. 535-00
AWARD OF CONTRACT
Authorizing the City Manager to
execute a contract with Portzen
Construction Company of Dubuque,
iowa for the construction of the
Pennsylvania Pump Station Project;
and
Whereas= the Pennsylvania Pump
Station Project has been budgeted;
and
Whereas, Portzen Construction
Comaany of Dubuque, Iowa has
submi~ed to the City an agreemen[ m
conduct construction se~lces of this
tmprovement in the amoum of
$326 111.00 dollam; and
Whereas, funds have been legally
appropriated for this expenditure.
NOW, THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Thatthe City Manager be
authorized to execute the agreement
for construction services with Portzen
Construction Company of Dubuque,
owe dated October 24, 2000 for the
construction of the Pennsylvania Pump
Station.
Passec. approved and adopted this
6th day of November. 2000.
John H. Markham. Mayor Pro-Tern
Attest: Jeanne F. Schneider, City C~erk
Buol moved adc3tion of the
;~,esolution. Seconded by NichoIson
Vlotien carded 6-0.
Buol movec that [ne rules De
reinstated limiting discussion to the
Council. Seconded by Cline. Motion
camed 6-0,
623 - 627 Arlington - Appeal of
Histodc Preservation Commission
Decision: Histodc Preservatior
Commission submitting informatior
regarding the appeal of the
Commission's decisio~ for property
located at 623-627 Arlington, presented
and read,
Terry Mozena of the Histodc
Preservation Commission seoke of the
sequence of events and their decision
Attorney Bill Cenzett for Ms. Bechen
and Mr. Woods. applicants, spoke and
requested that me HPC decision De
reversea
Michalski moved that it be resolved
to uphold the decision of the Historic
Preservation Commission. Seco'~ded
oy Buol. Motion carded 6-0.
Oak Meadows I - Water Main
Connection Fee: City Manager
submitting response to Jim Stock's
request regarding a $1,295 connection
fee ca his Oak Meadows II project,
presented and read. Mr. Stock
explained that this bill received 10
years after the connection was not fair
and he had been led to believe this
would never be c. harged. Nicholson
moved to receive and file the
communication and to absolve Mr.
Stock from paying the connection fee.
Seconded by Buol. Carded by the
following vote: Yeas--Cline, Niche[son,
Robbins, BuoL Nays--Markham.
Micha]ski.
Barge Fleeting: City Manager
submitting information on barge fleeting
and requesting City Cound] direction
communication of Waiter Hartman
Dubuque County Conservation Society,
in opposition to the proposa~ to relocate
barge fleeting to the southeast poYdon
of SchmittJCity Island. presented and
read. Micha[ski moved to receive and
file all pemnem information received
and gave direction to staff to prepare
RFP for barge fleeting in select areas
of the Mississippi River ane hold public
hsadng on 12/4. Seconded Dy Buol.
Motion carded 6-0.
Comorehensive Plan Update: Long
Range Planning Commission providing
a progress repor~ on the 2000 update
of the Comprehensive Plan aha the
joint City/County planning process for
fringe area growth and development.
oresemea and read Dr. Mary Lynn
Neumeister. Chair of the Long Range
Planning Commission. gave a verbal
progress report. Robbins moved that
[ne communication be receivec and
filed. Seconded by Nicholson. Motion
carded 6-0.
Downtown Comprehensive Plan
Process: City Manager transmitting the
recommendations of the Long Range
Planning Advisory Commission
regarding the Downtown
Comprehensive Plan orocess aha
communication from the Board of
Directors of [he Dubuque Area
Chamber of Commerce regarding [ne
Downtown Comprehensive Plan
oresented and read. Michalski moved
Reqular Session, November $i 2000
439
that the communications be received
and filed. Seconded by Cline. Motion
carded 6-0.
Burbach Charffab]e Contfibufion:
City Manager recommending that the
C~, accept the offer of Cad J: And
Mary Ann Burbach to donate Lot 22 of
Sunset Park Eighth Add,on for park
purposes, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Robbins. Motion carried 6-0.
No Parking Zone - Hawthorne Street
City Manager recommending that the
"No Parking' zone in front of the Eagle
Point Water Plant be modified,
presented and read. Nicholson moved
that the communication be received
and filed and chose Option No. 2, not
allowing any truck or trailer parking.
Seconded by BuoL Carried by the
following vote: Yeas--Markham,
Michalski, Nicholson, Robbins, Buol,
Nays---Cline.
Mark Kohn and Steve Meyers spoke
requesting that the No Parking zone be
~minated.
Amendment to the ]ce Harbor Urban
Renewal Distdct City Manager
recommending approval of an
amendment to the Ice Harbor Urban
Rene~vai District, presented and read.
Michalski moved that the
communicafion be received and filed.
Seconded by Nicholson. Motion
carded 6-0.
An Ordinance Amending Ordinance
No. 66-89, and providing that general
property taxes levied and collected
each year on ail property located within
the Ice Harbor Urban Renewal District,
as amended, of the City of Dubuque,
County of Dubuque, State of Iowa, by
and for the benefit of the State of
City of Dubuque, County of Dubuque,
Dubuque Community School District,
and other taxing districts, be paid to a
special .fund for payment of princi?al
and interest on loans, monies
advanced to and indebtedness,
including bonds issued or to be issued,
incurred by said City in connection ~vith
the Amended and Restated Urban
Renewal Plan for the Ice Harbor Urban
Renewal District, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 97-00
AN ORDINANCE AMENDING
ORDINANCE NO; 66-89, AND
PROVIDING THAT GENERAL
PROPERTY TAXES LEVIED AND
COLLECTED EACH YEAR ON ALL
PROPERTY LOCATED WITHIN THE
ICE HARBOR URBAN RENEWAL
DISTRICT, AS AMENDED, OF THE
CITY OF DUBUQUE, COUNTY OF
DUBUQUE, STATE OF IOWA~ BY
AND FOR THE BENEFIT OF THE
STATE OF IOWA, CITY OF
DUBUQUE, COUNTY OF DUBUQUE,
DUBUQUE COMMUNITY SCHOOL
DISTRICT, AND OTHER TAXING
DISTRICTS, BE PAID TO A SPECIAL
FUND FOR PAYMENT OF PRINCIPAL
AND INTEREST ON LOANS, MONIES
ADVANCED TO AND
INDEBTEDNESS, INCLUDING
BONDS ISSUED OR TO BE ISSUED,
INCURRED BY SAID CITY IN
CONNECTION WITH THE AMENDED
AND RESTATED URBAN RENEWAL
PLAN FOR THE ICE HARBOR
URBAN RENEWAL DISTRICT
Whereas, the City Council of the City
of Dubuque, Iowa, has heretofore, in
Ordinance Ne. 66-89, provided for the
division of taxes within the Ice Harbor
Urban Renewal District, pursuant to
Section 403.19 of the Code of Iowa;
and
Whereas, add,anal territory now
has been added to the Ice Harbor
Urban Renewal Disthct; and
Whereas, indebtedness has been
incurred by the City, and additional
indebtedness is anficipatad to be
incurred in the future, to finance urban
renewal project activities within the Ice
Harbor Urban Renewal District, as
amended, and the continuing needs of
redevelopment within the [ce Harbor
Urban Renewal District, as amended,
are such as to require the continued
applicafion of the incremental tax
resources of the Ice Harbor Urban
Renewal District; and
Whereas, the following enactment is
necessary to accomplish the objectives
; described in the premises.
NOW, THEREFORE; BE IT
ORDAINED BY THE CITY COUNCIL
OF DUBUQUE, IOWA, THAT:
Ordinance No. 66-89 is hereby
amended to read as follows:
Section 1. For purposes of this
Ordinance, the following terms shall
have the following meanings:
(a) Original Project Area shall mean
that portion of the City of Dubuque,
Iowa described in the Urban Renewal
Plan for the Ice Harbor Urban Renewal
District approved by Resolution No.
440 Regular Session, November 6, 2000
403-89 on December 18 1989, which
Original Project Area includes the lots
and parcels located within the area
legally described as follows:
that area generally bounded on me
nor[h by me public alley located
between the vacated Fourth Street and
Third StreeL on the west by the
Chicago, Central and Pacific Railroad
right-of-way, on the south by East First
Street and on the east bythe municipal
limits of the City of Dubuque Iowa and
including any adjoining public fight-of-
/cay.
(b) Additional Proiect Area shall
mean that portion of the City of
Dubuque, lo/ca dsscfibed as "Subarea
B" in the Amended and Restated Urban
Renewal Plan for the Ice Harbor Urban
Renewal District approved by
Resolution No. 241-00 on June 5,
2000, which Add~onal Project Area
includes the lots and parcels located
within the area legally dsscfibed as
follows:
that area generalJy bounded on the
north and west by the Chioago. D~ntral
and ~acific Railroad fight-of-/cay on
me south by the northerly boundary of
the Original Project Area and on the
east bythe municipal limits of the City
of Dubuque iowa (excluding Lot 1
Adams Co.'s 2nd Addition) ano
including any adjoining public right-of-
way
(c) Amended Proiect Area shall
mean that podJon of the City of
Dubuque, Iowa included within the
Original Project Area and the Additional
Project Area. which Amended Project
Area inc[udss the lotS and parcels
located within the area legally
descF'bed as follows:
that area generally bounded on the
north and west by the Chicago, Central
anc Pacific Railroad fight-of-way, on
the south by East First Street and on
the east by the municipal limits of the
City of Dubuqde Iowa anc including
any adjoining public fight-of-way.
Section ~, The taxes levied on the
taxable property in the Amended
Project Area. legally described in
Sect]on 1 hereof, by and for the benefit
of the State of Iowa. City of Bubuque,
County of Dubuque Dubuque
Community School District ano all
other taxing disthcts from and after the
effective aa~e of this Ordinance shall be
o~vided as hereinafter in this Ordinance
orovided
Section 3. As to the Original Project
Area. that 9or[~on Df the taxes which
would be produced by the rate at which
the tax is levied eacr year By or for
eacn of the taxing district [axing
property n the Odginal Project Area
upon the total sum of the assessed
value of the taxable property in the
Original Project Area as shown on the
assessment roll as of Januaw 1, 1988,
being the first day of the calendar Year
preceding the effective date of
Ordinance No 66-89. shall be
allocated to and when collected be paid
into the fund for the respective taxing
district as taxes by or for said taxing
district into which all other groperty
taxes are paid. The taxes so
determined shall be referred herein as
the "base period taxes" for such area.
As to the Additional Project Area,
eased period taxes shall be computed
in the same manner using the total
assessed value shown on the
assessment role as of January 1, 1999,
being the first day of the calendar year
greceding the effective aa~e of this
Ordinance.
Section 4. That portion ofthetaxes
each year in excess of the base period
taxes for the Amended Project Area.
determined for each sub-area thereof
as grovided in Section 3 of this
Ordinance, shall be allocated to ana
when collected be paid into the seecial
tax increment fund previously
established by the City of Dubuaue
pay the principal of an¢ interest on
loans, monies aavancea to. or
indebtedness, whether funded
refunded, assumed or otherwise
including bonds issued unaer authority
of Section 403.9 or Section 403.12 of
the Code of Iowa ncurred by the City
of Dubuque, ~owa ro finance or
refinance n whole or ~n par[. urban
renewal projects undertaken within the
Amended Project Area pursuant to the
Amended anc Restated Urban
Renewal Plan for the Amended Project
Area, except that taxes for the paymen[
of bonds and interest of each taxing
distdct shall be collected against all
taxable property within the Amendec
Project Area w~thout any limitation as
hereinabove erovided.
Section 5. Unless or until the total
assessed va ua'don of the taxable
property in the area of the Amended
Project Area exceeds ti3e
assessed value of the taxable property
in said areas snown o~ [ne assessmen[
rolls referred to in Section 3 of this
Ordinance, al of the taxes lowed ano
collected upon the taxable 9roper[y
me Amended Project Area shall be
paid into the funds for the respective
taxing districts as taxes by or for the
taxing districts in the same manner as
Reqular Session, November 6; 2000
441
all other property taxes.
Secfion 6 At such time as the
loans, monies advanced, bonds and
interest thereon and indebtedness of
the City of Dubuque referred to in
Secfion 4 hereof have been paid, all
monies thereafter received from taxes
upon the taxable* property ia the
Amended Project Area shall be paid
into the funds for the respective taxing
districts in the same manner as taxes
on all other property.
Section 7, All ordinances or parts of
ordinances in conflict with the
provisions of this Ordinance are hereby
repealed. The provisions of this
Ordinance are intended and shall be
cormbued so as to continue the dMsion
of taxes from property within the
Odginsi Project Area under the
provisions of Section 403.19 of the
Code of Iowa, as authorized in
Ordinance No. 66-89, and to fully
implement the provisions of Section
403~19 of the Code of Iowa w~h
respect to the division of taxes from
property within the Additional Project
Area as descdbed above. In the event
that any provision of this Ordinance
shall be determined to be contrary to
law it shall not affect other provisions or
application of this Ordinance which
shall at all times be construed to fully
invoke the provisions of Section 403.19
of the Code of Iowa with reference to
the Amended Project Area and the
terdthry contained therein.
Section 8, This Ordinance shall be
in effect affer its final passage,
approval and publicafion as provided
by law,
Read first time: November 6, 2000
Read second time: Waived.
Read third time: Waived.
Passed, approved and adopted this
6th day of November, 2000.
John H~ Markham, Mayor Pro-Tern
Attest: Jeanne F, Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 13th day of
November, 2000.
Jeanne F, Schneider, City Clerk
It 11/13
Michalski 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
Nichelson, Motion carried 6-0,
Owner-Occupied Affordable Housing
Committee: City Manager submitting
proposed process and participants for
the Owner-Occupied Affordable
Housing Committee, presented and
read. Robbins moved that the
communication be received and filed
and concurred with th,e proposed
process. Seconded by Buol. Motion
carded 6-0.
Legis!ative Positions for 2001
Legislative Session: City Manager
subm~ng the City's legislative
positions for the 2001 Legislative
Session, presented and read, Buol
moved that the communication be
received and filed and approved
submission. Seconded by Michalski.
Motion carded 6-0;
Council Member Reports: Nicholson
~requested that consideration of a salary
increase for the Mayor and Council
Members be put on the next Council
Agenda.
Fischer Cold Storage Warehouse
Asbestos Abatement Project: City
Manager submitting documents
providing for the Fischer Cold Storage
Waraheuse Asbestos Abatement
Project and setting a public headng for
November 20, 2000, presented and
read. Michalski moved that the
communication be received and filed.
Seconded by BuoL Motion carried 6-0.
RESOLUTION NO. 536-00
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, and form of contract for
the Fischer Cold Storage Warehouse
Asbestos Abatement Project, are
hereby approved and ordered flied in
the office of the City Clerk for public
inspection.
Passed, adopted and approved this
6th day of November, 2000.
John H. Markham, Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by BUoL Motion
carried 6-0,
RESOLUTION NO. 537-00
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City
of Dubuque, Iowa has given its
preliminary approvaI on the proposed
plans; specifications, and form of
contract and placed same on file in the
442 Regular Session, November 6, 2000
office of the City Clerk for public
nsoection of the Fischer Cold Storage
Warehouse Asbestos Abatement
Project
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
- That on the 20th day of November,
2000. a public headng will be heJd at
6:30 p.m. ~n the Public Library
Auditorium at which time interested
Demons 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 headng 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 pdor to the
day fixed for its consideration. At the
nearing, any interested pemon may
appear and file objections to the
~repesed plans, specifications=
contract, or estimatec cost o~ the
improvement
Passec. adopted and approved this
6'th day of November, 2000.
John H. Markham. Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Michaiski moved adoption of the
Resolution and set for Public Headng
for November 2C. 2000 at 6:30 P.M.
the Public Library Auditorium and that
the City Clerk publish notice in the
manner prescribed by law. Seconded
Dy BUOl Motion carried 6-0.
RESOLUTION NO. 538-00
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED 3Y THE COUNCIL OF
THE CITY OF DUBUQUE OWA:
That the Fischer Cold Storage
Warehouse Asbestos Abatement
Project is hereby ordered re be
advertised for bids for construction.
BE IT FURTHER RESOLVED that
the amount of the security
accompany each bid shall be n an
amount which shall conform re the
provis~ons ef the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directe~
to advertise for bids for the construction
of the improvements herein provided,
to be published in a newspaper hawng
genera circulation in the City of
Dubuoue. Iowa, which notice shal nor
be less than four days nor more than
forty-five days edor to the receipt of
said bids at 2:00 p.m. on the 17th day
of November 2000, Bids shal be
openea and read by the City Clerk al
said time and will be submitted to the
Council for final a~on at. 6:30 p.m. on
the 20th day of November. 2000.
Passed. adoeted aha approved this
6th day of November. 2000
John H. Markham, Mayor Pre-Tern
Attest: Jeanne F. Schneider. City Clerk
Michalski moved adoption of the
Resolution Seconded by Buol. Motion
carded 6-0.
Crescent Ridge - Request to Vacate:
City Manager recommending that a
public headng be set for November 20
2000 m consider disposing of rea[
property and Attorney David Clemens
representing Larry and Sharon
McDermott. requesting that a portion of
Crescent Ridge Road be vacated,
presented and read. Buol moved that
the communication De received and
~led. Seconded by Niche]son. Motion
carded 6-0.
RESOLUTION NO. 539-00
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED PORTION OF
CRESCENT RIDGE ROAD RIGHT-OF-
WAY
Whereas, there has been presented
to the City Council of the C~ of
Dubuque, Iowa a plat dated October
18 2000. prepared by Buesing &
Associates. describing the proposed
vacated portion of Crescent Ridge
Road right~of-way; and
Whereas. said plat conforms [o the
aws and statutes pertaining thereto.
NOW THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CtTY OF DUBUQUE. iOWA:
Section 1 That the plat datec
October 18, 2000 prepared by Buesing
& Associates relative to the real estate
nerainabove described be and the
same is ~ereoy aooroved, and the
Mayor and City Clerk be and they are
hereby authorized and directed te
execute said plat for and on behalf of
the City of Dubuque, Iowa.
Section 2. That the Cit~ Clerk be anc
is hereby authorized and directed to file
said clat and certified copy of this
resolution in the office of the Recorder.
in and for Dubu.que County, iowa.
Passed approved and adc sted this
6th day of November, 2000.
John H. Markham, Mayor Pro-Tern
Attest: Jeanne F. Schneider, Cit,' Clerk
Buol moves adoetion of the
~esolution Seconded by Nicholsor
~4otion carried 6-0.
Reqular Session, November 6; 2000
443
An Ordinance vacating a portion of
Crescent Ridge Road right-of-way,
presented and read.
{OFFICIAL PUBLICATION)
-ORDINANCE NO. 98-00
ORDINANCE VACATING A PORTION
OF CRESCENT RIDGE ROAD RIGHT-
OF-WAY
Whereas, McDermott Real Estate
has requested the vacating of a portion
of Crescent Ridge Road right-of-way;
and
Whereas; Buesing & Associates has
prepared and submitted to the City
Council a plat showing the vacated
portion of Crescent Ridge Road dght-
of-way and assigned lot numbers
thereto, which hereinafter shall be
known and described as Lot F of
Mineral Lots 232 and 291, in the City of
Dubuque, Dubuque County, Iowa;
Whereas, the City Council of the City
of Dubuque, Iowa has determined that
a portion of Crescent Ridge Road right-
of-way is no longer required for public
use, except for utility easements as
noted, and vacating of said portion of
Crescent Ridge Road right-of-way,
known as Lot F of Mineral Lots 232 and
291 in the City of Dubuque, Dubuque
County, Iowa should be approved.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the real estate
described as Lot F of Mineral Lots 232
and 291 in the Cby of Dubuque, Iowa,
be and the same is hereby vacated.
Passed, approved and adopted this
6th day of November, 2000.
John H. Markham, Mayor Pro-Tern
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 13th day of
November, 2000.
Jeanne F. Schneider, City Clerk
It 11/13
Buo[ 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 carried 6-0.
RESOLUTION NO. 540-00
RESOLUTION OF INTENT TO
DISPOSE OF CITY INTEREST IN LOT
F OF MINERAL LOTS 232 AND 291,
IN THE CITY OF DUBUQUE, IOWA
Whereas, the McDermott Real
Estate has requested the vacating of a
portion of Crescent Ridge Road right-
of-way.
Whereas, Bussin§ & Associates has
prepared and submitted to the City
Council a plat showing the vacated a
portion of Crescent Ridge Road right-
of-way and assigned lot numbers
thereto, which hereinafter shall be
known and described as Lot F of
Mineral Lots 232 and 291 in the City of
Dubuque, lo'va'; and
Whereas, the City Council of the City
of Dubuque, Iowa has determined that
this portion of Crescent Ridge Road
right-cf-way is no longer required for
public use, and vacating and sale of
said portions of Crescent Ridge Road
known as Lot F of Mineral Lots 232 and
291 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
F of Mineral Lots 232 and 291 in the
City of Dubuque, Iowa.
Section 2. That the conveyance of
Lot F of Mineral Lots 232 and 291 in
the City of Dubuque, Iowa to the
McDermott Real Estate be contingent
upon the payment platting, publica'don
and filing fees.
Section 3. That the City Clerk be
and is hereby authorized and directed
to cause a notice of intent to dispose of
said real estate to be published in the
manner as prescribed by law.
Passed, approved and adopted this
6th day of November, 2000.
John Markham, Mayor Pro-Tern
Attest: Jeanne F. Schneider, City CIerk
Buol moved adoption of the
Resolution and further set this for
Public Headng on 11/20/00 at 6:30
P.M. in the Public Library Auditodurn
and that the City Clerk publish notice in
the manner prescribed by law.
Seconded by Nicholson. Motion
carded 6-0.
At 9:46 P.M. Michalski moved to go
into Closed Session re: Pending
Litigation and Property Acquisition
(Iowa Code §21.5(1)(c)(j). Seconded
by Robbins. Motion carried 6-0.
At 9:58 P.M. Council reconvened
Regular Session stating that Staff had
been given proper direction.
There being no further business,
Suol moved to adjourn. Seconded by
Nicholson. Motion carried 6-0. The
444 Regular Session, November 6, 2000
mee~ng adjourned at 9:59 P.M.
Is/Jeanne F. Schneider
City Clerk
/
2001
Reqular Session, Novernlset 20, 2000 ~.45
DUBUQUE
CITY COUNClL
OFFICIAL
PROCEEDINGS
City Council, Regular Session,
November 20, 2000
Council met in Regular Session at
6:30 P.M. in the Public Library
Auditodum
Present: Mayor Duggan, Council
Members Buel, CIine, Markham,
Michaiski, Nishelson, Robbins, City
Manager Michael Van Milligen,
Corporation Counsel Barry LindahL
Mayor Duggan read the call and
stated this is the regular session of the
City Council called for the purpose of
acting upon such business which may
propedy come before the Council.
Invocation was given by Father Craig
Welbaum, Pastor of St. John's
Episcopal Church.
Proclamation: Thanks and Gratitude
to Sister Mary Martensen received by
her sister, Betty Mauser.
William McNarney, Department of
Housing and Urban Development,
presented two "Best Practices" Awards
to the Housing Services Department.
Minutes Submitted: Environmental
Stewardship Advisory Commission of
11/7; Histedc Prese~ation Ordinance
Task Force of 11/2; Housing
Commission Trust Fund Committee of
11/2; Housing Code Appeals Board of
10/17; Human Rights Commission of
10/9; Investment Oversight Advisory
Commission of 10/16; Zoning Board of
Adjustment of 10/'26, presented and
read. Buol moved that the minutes be
received and filed. Seconded by
Nichoison. Motion carded 7-0.
investment Oversight Commission
Quarterly Report, presented and read.
Buol moved that the communication be
received and filed. Seconded by
Nichelson. Motion carried 7-0.
Finance Director Kenneth' TeKippe
submi~ng the financial report for
month ending October 31, 2000,
presented and read. Buel moved that
the repo~t be received and tiled.
Seconded by Nichoison. Motion
carded 7-0.
Proof of Publication of Council
Proceedings for 10/16; List of Claims
and Summary of Revenues for Month
Ending 10/30/00, presented and read.
Buoi moved that the proofs be received
and filed. Seconded by Nichoison.
Motion carded 7-0.
Notice of Claims/Suits: Grace Brade
in undetermined amount for personal
injuries; Florence Hird in estimated
amount of $59.15 for property damage;
Ged Ryan in undetermined amount for
personal injuries; Kdsten Smith in
estimated amount of $2,606.53 for
vehicle damage, presented and read.
Buol moved that the claims and suits
be referred to the Legal Staff for
investigation and report. Seconded by
Nichoison. Motion carded 7-0.
Corporation Counsel advising the
following claims have been referred to
Public Entity Risk Services of Iowa, the
agent for the iowa Communities
Assurance Pool: Shidey Ell[orr for
~ersonal injuries; Dorothea Tschiggfde
for property damage, presented and
read. Buol moved that the
communications be received and filed
and concurred with the referrals.
Seconded by Nisholson. Motion
carded 7-0.
Plumbing Board: Building Services
Manager Rich Ruesell advising of an
upcoming vacancy (Leonard
Rhomberg) on the Plumbing Board,
~rasentad and read. Buol moved that
the communication be received and
tiled. Seconded by Nicholson. Motion
carded 7-0.
Section 8 Staf~ng Request: City
Manager recommending approval of
increasing the part-time secretadal
position in the Housing Services
Section 8 AcUity to full-time status,
3rssentad and read. Buel moved that
the communication be received and
tiled and concurred with the
recommendation. Seconded by
Nishelson. Motion carded 7-0.
1999 Sidewalk Assessment Project:
City Manager recommending approval
of the tinal special assessment
schedule for the 1999 Sidewalk
Inspection Program, presented and
read, Buo] moved that the
communication be received and tiled.
Seconded by Nicholson. Motion
446 Regular Session, November 20, 2000
carded 7-0.
RESOLUTION NO. 541-00
A RESOLUTION ADOPTING THE
FINAL ASSESSMENT SCHEDULE
FOR 1999 SIDEWALK REPAIRS
INCLUDING CERTAIN INFORMATION
REQUIRED BY THE CODE OF IOWA,
SPECIFICALLY, THE NUMBER OF
ANNUAL INSTALLMENTS INTO
WHICH ASSESSMENTS ARE
DIVIDED, THE INTEREST ON ALL
UNPAID INSTALLMENTS, THE TIME
WHEN THE ASSESSMENTS ARE
PAYABLE AND DIRECTING THE
CLERK TO CERTIFY THE FINAL
SCHEDULE AND TO PUBLISH
NOTICE THEREOF.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That after full consideration of the
final schedule of assessmems and
accompancng plat showing the
assessments proposed to be made for
the 1999 Sidewalk Assessment
Project, which schedule was filed in the
office oft*he City Clerk on the 15th day
of November, 2000, that said schedule
of assessments be ane the same is
hereby approved and adopted.
That there be, and is hereby
assessed and levied as a special tax
against and upon each of the lots the
respective sums indicated. Provided,
further, that the amounts shown in said
final schedule of assessments as
deficiencies are found to be proper and
levied condifionally against the
respective ureper~es benefitted by me
improvements as shown m the
schedule, subject to the provisions of
Section 384.63. Code of Iowa. Said
assessments against said lots are
hereby declared to be in propo~on to
the special benefits conferred and not
in excess of twenty-five percent of the
value of same.
That the City Clerk be and is hereby
directed to certify said schedule [o me
County Treasurer of Dubuque County,
Iowa, and to publish notice of said
certificatio~ once each week for two
consecutive weeks in the manner
provided in Section 362.3. the first
publication of which shall be not more
than fifteen days from the date of filing
of the final schedule On or before the
date of the second publicafion of the
notice, ti~e City Clerk shall also mail a
copy of said notice to property owners
whose property is subject to
assessmen[, as provided and directed
in Section 384.60 of the Code of Iowa.
That assessments may De paid in
full or ~n part without interest a[ the
office of the County Treasurer, at any
fime within 30 days a/ter the date of the
first publicafio~ of this notice of the
filing of the final schedule of
assessments with the County
Treasurer. After 30 days unpaid
assessments of $50.00 or more are
payable in 10 annual installments and
will draw annual interest au nine (9)
percent (commencing on the date of
acceptance of the work} computed to
the December 1 next following the due
dates of the respective installments as
provided in Section 384.65 of the Code
of Iowa Each nstallment will be
delinquent from October 1 following its
due date on July 1 of each year.
Property owners may elect to pay any
annual installments semiannually n
advance.
Passed, approved and adopted this
20th day of November, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
NOTICE OF FILING OF THE FINAL
SCHEDULE OF ASSESSMENTS
AGAINST ABUTTING PROPERTIES
FOR THE 2000 SIDEWALK
REPLACEMENT ASSESSMENT
PROJECT WITHIN THE CITY OF
DUBUQUE. IOWA
TO THE PROPERTY OWNERS OF
THE FOLLOWING ABU~CFING
PROPERTIES FOR THE 2000
SIDEWALK REPLACEMEN-
PROJECT WITHIN THE CITY OF
DUBUQUE. IOWA:
Consisting of the abutting properties
which are described as follows:
LEGAL DESCRIPTION
FINAl ASSESS
Herbert J. & Judith A. Hoffmann
Lot 2-1-1', Lot 1-2-2-11 and Lot 2-2-10
WulM'eber Subdivision $697.30
Dana Giancola W 1/2 of Lot
304-305 Woodlawn Park Addition
$698.28
John Churchill & Margaret Thoma
Lot 204-208 Glendale $292.79
James E. & Karen J. Brady
Lot 3 Newberry and Hales Subdivision
$138.69
Douglas & Gretchen Potter
Lot 1-26 S,M. Langs Addition $138.07
Michael D. & Sharon A. Beadle
Lot 2-2 C[eminsons Subdivision
$061.64
Patdck J. & GIodann Egan
N. 50' of N 1/2 of W 1/2 of Lot 24 Mt.
Pleasant $508.53
Sally Jo Herrig
Lot 1 Sullivan Subdivisio~ $520.09
Reqular Session, November 20i 2000
447
T~mothy P. Swift & Pamela Stalken
Lot 2-3 Mineral Lot 31 $123.28
Dennis & Deborah V~ertel
Lot 2-1-1-1~ of Mineral Lot 28
$184.92
Charlotte A~ Wolff
Lot 194 Finley Addition $138.69
Philip A. & Mary M. Ft[zgibbons
Lot 2 Block 15 Green Acres
Subdivision $061.64
Steven J. & Paula J. Cook
S. 1/2 - NM 115 of City Lot 494
$577.88
Leslie [_ & Gloria J. Potter
S. 1.2 Let 32 East Dubuque AddiSon
$192_63
Gary E. & Susan M. Bay
S. 1/2 S. 1/5 City Lot 490 $096.31
Firstar Bank
Shims Place $951.57
Joseph & Janice Hea~y
Lot 2-2-E 1/2 Lot91 E. DBQ Add
$970.83
Joseph H?ly
N. 25 Lot 2-94 Langworth~s
Add,on $385.25
Kada K. Schramm S. 30' S 1,'2 Lot 1 of
1-4-97 and 5-47 LH Langworthy's Add.
$061
John NomeJlini E 35' of Let 84, L.H.
Langworthy's Add. $154.10
Kenneth Haugen Lot 2-170 and Lot
2-2-1-171 L.H. Langworthy's Add.
$061.64
TOTAL ASSESSMENTS $7,015.77
You are hereby notified that the final
schedule of assessments against
benefited properties within the District
described as the 2000 Sidewalk
Replacement Assessment Project, has
been adopted and assessments
confirmed and levied by me City
Council of Dubuque, Iowa, and that
said schedule of assessments has
been certified to the County Treasurer
of Dubuque County, Iowa.
You are further notified that
assessments may be paid in ful[ or in
part without interest at the office of the
County Treasurer, at anytime within 30
days after the date of the first
publication of this not, ce of the filing of
the final plat and schedule of
assessments with the County
Treasurer, which occurred on the 1st
day of December, 2000.
Unless said assessments are paid in
full within said 30 day pedod (through
Wednesday, January 3, 2001) all
unpaid assessments will draw annual
interest computed at 9% percent
(commencing on the date of
acceptance of the work) computed to
the December 1st next following the
due dates of the respective
installments. Each installment ,MIl be
delinquen[ on September 30 the
following its due date on July 1st in
each year. Property owners may elect
to pay any annual installments
semianr~aliy in advance.
AJI properties located within the
boundaries of the 2000 Sidewalk
Replacement Assessment Project
above descdbed have been assessed
for the cost of making said
improvements, the amount of each
assessment and the amount of any
conditional deficiency assessment
having been se[ out in the schedule of
assessments accompanyin~ the same,
which are now on file in the office of the
County Treasurer of Dubuque County
Iowa. For further information you are
referred to said schedule of
assessments.
This notice given by direction of the
City Council of the City of Dubuque,
iowa, as prescribed by Code Section
384.60 of the City Code of Iowa.
Is/Jeanne F. Schneider
City Clerk
Buol movec adoption of the
Resolution. Seconded by Nichoison.
Motion carried 7-0.
Elm Street Sanitary Sewer
] Reconstruction Project - Acceptance:
City Manager recommending
acceptance of the Elm Street Sanitary
Sewer Reconstructio~ Project in the
final amount of $109.510.43, presented
and read. 9uo[ moved that the
communication ~e received and filed.
Seconded by Nicholson. Motion
carded 7-0
RESOLUTION NO. 542-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the Elm
Street Sanitary Sewer Reconstruction
has been completed and the City
Manager has examined the work and
tiled 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:
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 Sanitary Sewer Construction Fund
m amount equal to the amount of this
448 Regular Session, November 20, 2000
contract, less any retained percentage
Drevided for therein.
~assed. approved and adopted this
20th day of November, 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. 543-00
FINAL ESTIMATE
Whereas, the contract for the Elm
Street Sanitary Sewer Reconstruction
has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof
including the cost of estimates, notices
and inspection anc all miscellaneous
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 ro
~e $109= 510.43 and the said amount
sha~l be paid from Sanitary Sewer
Construction Fund of the City of
Dubuque, Iowa.
Passed approved and adooted this
20th day of November, 2000.
Terrance M. Duggan, Mayor
At[est: Jeanne F. Schneider, City Clerk
Buol movec adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
Fengle[ and Kerper Intersection
Project - Acceptance: City Manager
recommending acceptance of the
Fengler and Kerper Intemecfion Project
in [ne final amount of $288.346.16,
presented and read. Buol moved that
the communication be received and
tiled. Seconded by Nicholson. Motion
carried 7~0.
RESOLUTION NO. 544-00
ACCEPTING IMPROVEMENT
Whereas. the contract for the
Fengler and Kerper Intemection ~reject
has bee~ completed and the City
Manager has examined the WOrK and
tiled his ce~ficate stating that the same
has been completed according to the
terms of the contract Diane and
specifications and recommenas its
acceptance
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
[hat said improvemen[ be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to ~ay to the contractor from
the Road Use Tax Funds in amount
equal to the amoun[ of this contrac~
[ess any retained percentage provided
for therein.
Passed. approvea and adopted this
20th day of November. 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoption of the
Resolution. Seconded by Nicholsor..
Motion carded 7-0.
RESOLUTION NO. 545-00
FINAL ESTIMATE
Whereas. the contract for the
Fengler and Keroer Intersection Project
has been completed and the City
Engineer has submitted qis final
estimate snowing the cost thereof
including the cost of estimates notices
and nspection and all miscellaneous
cos[s:
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 $300.786.53 and the said amount
shall be paid from the Road Use Tax
Funds of the City of Dubuque, Iowa.
Passed, approved and adopted this
20th day of November. 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved aooption of the
Resolution. Seconded by Nicholson.
Motion carded 7-0.
Sanitary Sewer Reconstruction
Project - Alley Between Rhomberg and
Gar~eld - Acceptance: City Manager
recommending acceptance of the
Sanitary Sewer Reconstruction Project
in the Alley between Rhomberg and
Garfield in the final amount of
$109,137.08 presentec and read
Buol moved that the communication be
received and filed Seconded by
Nibholson. Motion carded 7-0.
RESOLUTION NO. 546-00
ACCEPTING IMPROVEMENT
Whereas. the contract for the
Sanitary Sewer Reconstruction Project
-Alley between Rhomberg and Garfie~c
from Stanton ro Shires nas Been
completed and the City Manager nas
examinec the WOrK and filed his
certificate stating that the same has
Reqular Session, November 20, 2000
been completed according to the terms
of the contract. Diane and
specifications and recommends [ts
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 Sanitary Sewer Construction =und
n amount equal to the amount of this
contract less any retained pementage
provided for therein.
Passec approved and adopted this
20th day of November. 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Duo moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 547-00
FINAL ESTIMATE
Whereas, the contract for the
Sanitary Sewer Reconstruction Project
-Alley between Rhomberg and Garfield
from Stanton to Shires has been
completed and the City Engineer has
submitted ~is final estimate showing
the cos[ thereof including the cost of
estimates, notices and inspection and
all miscellaneous costs;
~lOW 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 $109,137.08 and the said amount
shall be paid from Sanitan/ Sewer
Construction Fund of the City of
Dubuque, Iowa.
Passed, approved and adopted this
20th day of November 2000.
Terrance Vl. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Duel moved adopfion of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
Cox Street Storm Sewer
:~ehabilitation Project - Acceotance:
City Manager recommending
acceptance of the Cox Street Storm
Sewer Rehabiltiation Project ih the fina
amount of $37,899.40, 2resented and
read. Duel moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 548-00
ACCEPTING IMPROVEMENT
Whereas the contract for the Cox
Street Storm Sewer Rehabilitation has
been completed and the City Manager
has examined the work and filed his
certificate stating that the same has
been completed according to the terms
of the contract, plans and
specifications and recommends its
~4OW 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 Storm Sewer Construction Fund in
amount equal to the amoure of this
contract, less any retained percentage
provided for therein.
Passed, approveo and adoated this
20th day of November, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Duel moved adoption of the
Resolution. Seconaea by Nicholson
Motion carried 7-0.
RESOLUTION NO. 549-00
FINAL ESTIMATE
Whereas, the contract for the Cox
Street Storm Sewer Rehabilitation has
been completed and the City Engineer
has submitted qis 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 $37,899.40 and the said amount
shall be paid from Storm Sewer
Construction Fund of the City of
Dubuque. Iowa.
Passed, approved and adopted this
20th day of November. 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Duel moved aoootion of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
Adams Addition Sanitary Sewer
Extension - Acceptance: City Manager
recommending acceptance of the
Adams Addition Sanitary Sewer
Extension Project in the final amount of
450 Regular Session, November 20, 2000
$52 622.24 and approval of the final
assessment schedule, presented and
read. Buo moveo that the
communication be received and filed.
Seconded by Nicholson. Motion
carded 7-0.
RESOLUTION NO. 550-00
ACCEPTING IMPROVEMENT
Whereas, [he contract for the Adams
Addifion Sanitary Sewer Extension has
been completed and the City Manager
has examined the work and filed his
certificate stating that the same has
been completed according to the terms
of the contract, plans and
specifications and recommends ts
acceetance.
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 [o pay to the contractor from
the Sanitary Sewer Fund in amount
equal to the amount of this contract,
less any retained percentage provided
for therein.
Passed, approved and adopted this
20th day of Novembe'r. 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. 551-00
FINAL ESTIMATE
Whereas the contract for the Adams
Addition Sanitary Sewer Extension has
been completed and the City Engineer
has submitted 3is final estimate
showing the cos[ thereof including the
cost of estimates, notices and
inspection and ali 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 $60,515.58.
Section 2. That 535,960.60 of the
cost thereof shall be assessable upon
private property and $24 554.98 shall
De paid from the Sanitary Sewer Fund
:assed, approved and adopted this
20th eay of November 2000
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneide' City Clerk
BuoJ moved aaopfion of the
Resolution. Seconded by NichoJson.
Motion carried 7-0.
RESOLUTION NO. 552-00
A RESOLUTION ADOPTING THE
FINAL ASSESSMENT SCHEDULE
FOR ADAMS ADDITION SANITARY
SEWER EXTENSION INCLUDING
CERTAIN INFORMATION REC LIIRED
BY THE CODE OF IOWA,
SPEC[FICALL;Y, THE NUMBER OF
ANNUAL INSTALLMENTS INTO
WHICH ASSESSMENTS ARE
DIVIDED, THE INTEREST ON ALL
UNPAID INSTALLMENTS, THE TIME
WHEN THE ASSESSMENTS ARE
PAYABLE AND DIRECTING THE
CLERK TO CERTIFY THE FINAL
SCHEDULE AND TO PUBLISH
NOTICE THEREOF.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That after full consideration of the
final schedule of assessments and
acc(~mpanying plat showing the
assessments proposed to be made for
the const~:ucti<~n of the Adams Addition
Sanitary Sewer Extension under
contract with Podzen Construcfion
Company of Dubuque, iowa which
final plat and schedule were filed in the
office of the City Clerk on the 15th day
of November. 2000. the said schedule
of assessments be and the same s
hereby approved and adooted.
That znere be. and Is nereoy
assesseo ano evieb as a special tax
against and upon each of the lots, the
reseecfive sums indicated. Provided.
further, that the amounts shown in said
final schedule of assessments as
deficiencies are found to be proper anc
levied conditionally against me
respective properties bene~rr[ted by the
improvements as shown in the
schedule, subject to the erovlsions of
Section 384.63 of the Code of Iowa.
Said assessments against said lots are
hereby declared to be in proportion to
the special benefits conferred and not
in excess of twenty-five aercent of the
value of same.
That the City Clerk be and is hereey
directed to certify said schedule to me
County Treasurer of Dubuque County,
Iowa and to publish notice of sam
certification once each week for two
consecunve weeks ~n [he manner
provided [n Section 362.3, the first
publication of which shall be not more
than fifteen days from the date of filing
of the final schedule. On or before the
Regular Session, NoVember 20, 2000
451
date of the second pub[icafion of the
notice, the Cit7 Clerk shall also mail a
copy of said notice to property owners
whose property is subject to
assessment, as provided and directed
in Section 384.60 of the Code of Iowa.
That assessments may be paid in
full or in par[ without interest at the
office of the County Treasurer, at any
time within 30 days after the date of the
first publication of this notice of the
filing of the final schedule of
assessments with the County
Treasurer. After 30 days unpaid
assessments of $50.00 or more are
payable in 10 annual installments and
will draw annual interest at 9 percent
(commencing on the date of
acceptance of the work) computed to
the December 1 next following the due
dates of the respective installments as
provided in Section 384.65 of the Code
of Iowa. Each installment will be
delinquent from October 1 following its
due date on July 1 of each year.
Property owners may elect to pay any
annual installments semiannually in
advance.
Passed, approved and adopted this
20th day of November, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
NOTICE OF FILING OF THE FINAL
SCHEDULE OF ASSESSMENTS
AGAINST BENEFITED PROPERTIES
FOR THE CONSTRUCTIQN OF
ADAMS ADDITION SANITARY
SEWER EXTENSION WITHIN THE
CITY OF DUBUQUE, IOWA
TO THE PERSONS OWNING LAND
LOCATED WITHIN THE DISTRICT
DESCRIBED AS THE ADAMS
ADDITION SANITARY SEWER
EXTENSION, WITHIN THE CITY OF
DUBUQUE, IOWA:
The improvement type(s) and the
location(s) is (are) as follows:
The project consists of the
installation of 1,133 feet of 8" sanitary
sewer pipe in Adams 3rd Addition and
4th Addition in the City of Dubuque,
lows.
Consisting of the properties which
are described as follows:
Lot 2 of Adams 4th Addition
Lot 1 of Adams 4th Addition
Lot 1.2 of Adams 3rd Addition
Lot 1 of Adams 3rd Addition
You are hereby notified that the final
schedule of assessments against
benefited properties within the Distdct
described as the Adams Addition
Sanitary Sewer Extension, has been
adopted and assessments confirmed
and levied by the City Council of
Dubuque, Iowa, and that said schedule
of assessments has been certified to
the County Treasurer of Dubuque
County, Iowa.
YOU ARE FURTHER NOTIFIED
THAT ASSESSMENTS MAY BE PAID
IN FULL OR IN PART WITHOUT
INTEREST AT THE OFFICE OF THE
COUNTY TREASURER, DUBUQUE
COUNTY COURTHOU,~E, 72n
~ DUBUQUE,
IOWA, 52001 UNTIL JANUARY 12,
2001.
After January '12, 2001 unpaid
special assessments of $50.00 or more
are payable in 10 annual installments
and will draw annual interest at 9
percent computed to the December 1
next following the due dates of the
rsspe~ve installments as provided in
Section 384.65 of the Code of Iowa.
Each installment will be delinquent
from October 1 following its due date
on July 1st of each year. Property
owners may elect to pay any annual
installment semiannually in advance.
Ali properties located within the
boundades cf the Adams Addition
Sanitary Sewer Extension above
dsscdbed have been assessed for the
cost of the maMng of said
Improvements, the amount of each
assessment and the amount of any
conditional deficiency assessment
having been set out in the schedule of
assessments accompanying ths same,
which are now on file in the office of the
County Treasurer of Dubuque County,
Iowa. For fur[her information you are
referred to said schedule of
assessments.
This Notice given by direction of the
City Council of the City of Dubuque,
Iowa, as provided in Section 384.60 of
the Code of iowa.
Jeanne F. Schneider
City Clerk
ADAMS SANITARY SEWER
EXTENSION FINAL SCHEDULE OF
VALUATION AND PROPOSED
ASSESSMENTS
OWNER ~
TOTAL NET ASSESS
John S. & Pamela A. Adams
Lot 2 of Adams 4th Addn. $11,176.41
Charles H. Morrow &Wanda L Ryan
Lot 1 of Adams 3rd Addn. $11,176.41
Michael D. Steele, Lot 1-2 of Adams
3rd Addn. $11,176.,41
Aired J. & Rose E. Timmerman
Lot 1 of Adams 4th Addn. $11,176.41
Buol moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
452 Regular Session November 2(], 2000
Diecovew Center Parking Lot
Remove Project - Acceptance: City
Manager recommending acceptance of
the Discovery Center Parking Lot
Removal Project in the final amount of
$13.371. presented, and read. Buol
moved that the communication be
received and filed. Seconded by
~ichoison. Motion carded 7-0.
RESOLUTION NO. 553-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the
Parking Lot Pavement Removal for the
Mississippi River Discover/Center has
been completed and the City Manager
qas examined the work and filed his
cer~cate stating that the same has
seen 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. Thatthe recommendation
of the City Manager be approved ant
that said improvement be and the
same is hereby accepted.
BE T FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to Bay to the contractor from
the 1% Local Op~on Sales Tax Fund in
amount equal to the amount of this
contract, less any retained percentage
provided for therein.
Passed. approved and adopted this
20th day of November. 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol morea adoption of the
Resolution Seconded by Nicholecn.
Motion carded 7-0.
RESOLUTION NO. 554-00
FINAL ESTIMATE
Whereas. the contract for the
Parking Lot Pavement Removal for the
Mississippi River Discovery Center has
been comoleted and the City Engineer
has submitted 3~s final estimate
si~owmg the cost thereof including the
cost of estimate., notices ano
inspection and all miscellaneous costa:
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
De $15,145.50 and the said amount
shall be paid from 1% Local Ootion
Sales Tax Fund of the: City of Dubuque,
Iowa.
Passed approved eno adopted this
20<~ day of November, 2000
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoption of the
Resolution. Seconded by ~icholson.
Motion carded 7-0.
Miller Road Sanitary Sewer
Extension Project- Acceptance: City
Manager recommending acceptance of
the Miller Road Sanitary Sewer
Extension Project in the final amount of
$64,174.30 and approving the final
aeseesment schedule, presented and
read. Buol ~noved that the
communicafion be received and filed.
Seconded by Nicholson. Motion
carded 7-0.
RESOLUTION NO. 555-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the Miller
Road Sanitary Sewer Extension has
been completed and the City Manager
has examined the work and filed his
certificate stating that the same has
been completed according to the terms
of the contract, plans and
specifications and recommends ts
acceptance.
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 say to the contractor frorr
Sanitary Sewer Extensions for New
Devekipmems in amount ecua[ to the
amount of this contract, ess any
retained percentage provided for
therein.
Passed, approved and adopted this
20th day of November, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of me
Resolution. Seconded by Nkiholson.
Motion carried 7-0.
RESOLUTION NO. 556-00
FINAL ESTIMATE
Whereas, the contract for the Miller
Road Sanitary Sewer Extension has
been completed and the City Engineer
has submitted his final estimate
sho~ng the cost thereof including the
cost of estimates notices anc
insoection and all miscellaneous costs;
Reqular Session, November 20, 2000
453
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE C!TY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to
be $73,800.45.
Section 2. That $30,007.85 of the
cost thereof shall b'e assessable upon
pdvate property and $43,792.60 shall
be paid from Sanitary Sewer Extension
for New Developments.
Passed, approved and adopted this
20th day of November, 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. 557-00
A RESOLUTION ADOPTING THE
FINAL ASSESSMENT SCHEDULE
FOR MILLER ROAD SANITARY
SEWER EXTENSION INCLUDING
CERTAIN INFORMATION REQUIRED
BY THE CODE OF IOWA,
SPECIFICALLY, THE NUMBER OF
ANNUAL INSTALLMENTS INTO
WHICH ASSESSMENTS ARE
DIVIDED, THE INTEREST ON ALL
UNPAID INSTALLMENTS, THE TIME
WHEN THE ASSESSMENTS ARE
PAYABLE AND DIRECTING THE
CLERK TO CERTIFY THE FINAL
SCHEDULE AND TO PUBLISH
NOTICE THEREOF.
NOW THEREFORE. BE JT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
That after full consideration of the
final schedule of assessments and
accompanying plat showing the
assessments proposed to be made for
the construction of the Miller Road
Sanitary Sewer Extension under
contract with Drew Cook and Sons
Excavating, Inc. of Dubuque, Iowa
which final plat and schedule were ti[ed
in the office of the City Clerk on the
15th day of November. 2000, the saic
schedule of assessments ~e and the
same is hereby apcroved and adooted.
That there be anr~ is hereby
assessed and levied as a special tax
against and upon each of the lots, the
respective sums indicated. Provided,
further that the amounts shown in said
fina] schedule of assessments as
deficiencies are found to be proper and
levied conditionally against the
respective properties benefitted by the
improvements as shown in the
schedule, subject to the provisions of
Section 384.63 of the Code of Iowa.
Said assessments against said lots are
hereby declared to be in proportion to
the special benefits conferred and not
in excess of twenty-tive percent of the
value of same.
That the City Clerk be and is hereby
directed to certify said schedule to the
County Treasurer of Dubuque County,
Iowa, and to publish notice of said
cer[iflcation once each week for two
consecutive weeks in the manner
provided in Section 362.3, the first
publication of which shall be not more
than tifteen days from the date of tiling
of the final schedule. On or before the
date of the second publication of the
notice, the City Clerk shall also mail a
copy of said notice to property owners
whose property is subject to
assessment, as provided and directed
in Section 384.60 of the Code of iowa.
That assessments may be paid in
full or in part without interest at the
office of the County Treasurer. ar any
time within 30 days after the date of the
tirst publication of this notice of the
tiling of the final schedule of
assessments with the County
Treasurer After 30 oays unpaid
assessments of $50.00 or more are
payable in 10 annual installments ano
will draw annual interest at 9 percent
(commencing on the date of
accep[ance of the work) computed to
the December 1 next folinwing the due
dates of the respective installments as
orovided in Section 384.65 of the Coda
of Iowa Each installment will be
delinquent from October 1 following ~ts
aue date on duly I of each year.
Property owners may elect to pay any
annual installments semiannually in
advance.
Passed aDoroved and adop[edthis
20th day of November. 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
NOTICE OF FILING OF THE FINAL
SCHEDULE OF ASSESSMENTS
AGAINST BENEFIt-ED PROPERTIES
--OR THE CONSTRUCTION OF
MILLER ROAD SANITARY SEWER
EXTENSION WITHIN THE CITY OF
DUBUQUE, iOWA
TO THE PERSONS OWNING LAND
LOCATED WITHIN THE DISTRICT
DESCRIBED AS THE MILLER ROAD
SANITARY SEWER EXTENSION,
454 Regular Session, November 20~ 2000
WITHIN THE CITY OF DUBUQUE
IOWA:
The 'mprovement type(s) and the
Ioca'don(s) is (are) as follows:
The project consists of the
installation of approximately 650 feet of
8-inch sanitary sewer pipe in the Miller
Road area in the City of Dubuque,
Iowa.
Consisting of the properties which
are aescdbed as follows:
Lot 2 in Painted Valley
Lot 2-2-1-2-1-1-1-1-1-1-1 of Mineral
Lot 499
Lot I of Volk Place
Lot 2 of Volk Place
Lot 2-1-1 0f Mineral Lot 499
Lot 2-1-1-1-1 of Mineral Lot 499
You are hereby notified that the final
schedule of assessments against
benefitted properties within the District
described as the Miller Road Sanitary
Sewer Extension, has been adoctec
and assessments confirmed and levied
by the City Council of Dubuque, Iowa,
and that said schedule of assessments
has been certified to the County
Treasurer of Dubuque County, owa.
YOU ARE FURTHER NOTIFIED
THAT ASSESSMENTS MAY BE PAID
IN FULL OR N PART WITHOUT
iNTEREST AT THE OFFICE OF THE
COUNTY TREASURER DUBUQUE
COUNTY COURTHOUSE, 720
CENTRAL AVENUE, DUBUQUE.
IOWA, 52001 UNTIL JANUARY 12.
2001.
After January 12. 2001 unpaid
special assessments of $50.00 or more
are payable in 10 annual installments
and will draw annual interes! au 9
percent computed to the December 1
next following the due dates of the
respective installments as orovided in
Seefior 384.65 of the Code of iowa.
Each installment will be delinquenl
frorr Qctober A following its due date
on July 1st of each year. Property
owners may elect to pay any annual
installment semiannually in advance.
All oroperties located within the
boundaries of the Miller Road Sanitary
Sewer Extension above described
have been assessed for the cost of the
making of said improvemenT, the
amount of eacn assessment and the
amount of any conditional deficiency
assessment having been set out in the
schedule of assessments
accompanying the same, which are
now on file in the office of the County
Treasurer of Dubuaue County. owa.
For further information you are referreo
to said schedule of asseesme~-ts
This Notice given by direction of the '
City Council of the City of Dubuque,
Iowa, as provided in Section 384.60 of
the Code of Iowa.
Jeanne F. Schneider
City Clerk
MILLER ROAD SANITARY SEWER
FINAL SCHEDULE OF VALUATION
AND PROPOSED ASSESSMENTS
OWNER LOT DESCRIPTION- SUBD.
GROSS ASSESS
~ ~ ', - SE .
Frank, Dennis R. & Shelia M.
Lot 2 Painted Valley Subd.
$7,746.89 $1.622.67 $6,124.22
Frank. Dennis R. & Shelia M.
Lot 2-2-1-2-1-1-1-1-1-1-1
$6,713.97 $6.713.97
E~avis. Pamela M.
Lot 1 Yolk Place
$7.746.89 $7.746.89
Gard. William E. & Adeline C.
Lot 2 Volk Place
$7,746.89 $3,507.67 $,4,239.22
Neuses, Gary J.
Lot 2-1-1 of Mineral Lot 499
$3.431 36 $3,431.36
Neuses, Gary J.
Lot 2-%1-1-1 of Mineral Lot 499
$3.098.76 $1 346.57 $1,752.19
Duo moved aaoption of the
Resolution. Seconded by Nicholson.
~lotion carried 7-0.
John F. Kennedy Road - Acquisition
~iat Aocrova~: City Manager
'ecommending approval of an
acquisition plat for a right-of-way on
John F. Kenneoy Road on [aad ownec
by the City of Dubuque, presented anc
read Buol moved that the
communication be received and filed.
Seconded by Nicholson Motion
carried 7-0.
RESOLUTION NO. 558-00
RESOLUTION APPROVING
ACQUISITION PLAT FOR WIDENING
OF JOHN F. KENNEDY ROAD
Whereas there has been presented
to the City Council of the City of
Dubuque, Iowa a plat dated October
26, 2000, prepared by the City of
Dubuque, describing the proposea
acquisition of John F. Kenneoy Road:
and
Whereas, said plat conforms to the
laws and statutes pertaining thereto.
NOW THEREFORE BE iT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, OWA:
Reqular Session, November 20, 2000
455
Section 1. That the plat dated
October 26, 2000, prepared by the City
of Dubuque, relative to the real estate
hereinabove descdbed be and the
same is hereby approved, and the
Mayo¢ and City Clerk be and they are
hereby authorized and directed to
execute said plat on behalf of the City
of Dubuque, low'a.
Section 2. 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, Iow~a.
Passed, approved and adopted this
20th day of November, 2000.
Terrance M. Duggan, Mayor
Attest. Jeanne F. Schneider, City Clerk
Buol moved adopton of the
Resolution. Seconded by Nichoison.
MatJon carded 7-0.
Project Concern Para-Transit
Contract - Fiscal Year 2001: City
Manager racommending approval of a
Project Concern Para-Transit
Agreement with Keyline for Fiscal Year
2001, presented and read. Buol
moved that the communication be
received and filed and concurred with
recommendation. Seconded by
Nichoison. Motion carried 7-0.
Notice of Expiration of Right of
Redempfion: Notice from Eric
Stierman, Dubuque County Treasurer,
regarding the Notice of Expiration of
Right of Redemption on tax sale
property, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Nicholson. Motion carded 7-0.
RESOLUTION NO, 559-00
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the following having complied
~h the proCmions of law relating to the
sale of Cigarettes w~thin the City of
Dubuque, iowa, be granted a permit to
sell Cigarettes and Cigarette Papers
within said City.
NEW
Jorjs's Restaurant & Lounge
Jorja's Restaurant & Lounge
890 ~owa St
Passed, approved and adopted this
20th day of November, 2000.
Terrence M. Duggan, Mayor
Attest: Jeanne F, Schneider, City Clerk
Buol moved adoption of the
Resolution. Seconded by Nishoison.
Motion carded 7-0,
RESOLUTION NO. 560-00
Whereas, applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and
approved; and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
Ordinances of this City and have flied
proper bonds.
NOW, THEREFORE, BE tT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit
CLASS "B" BEER PERMIT
Rainbo Oil Com. Kwik Stop Food
Mart+(Sunday Sale)
2297 University Ave
Rainbo Oil Com. Kwik Stop Food
Mart+(Sunday Sale) 1685 dFK Rd.
Passed, approved and adopted this
20th day November, 2000.
Terranca M Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
Resolution. Seconded by Nichoison.
Motion carded 7-0.
RESOLUTION NO. 561-00
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 all City Ordinances
relevant thereto and they have filed
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Liquor License.
CLASS 'C' (COMMERCIAL)
BEER/LIQUOR LICENSE
T & M [nc Mafio's italian Restr.
+(Sunday Sale) 1298 Main
Tollbddge LLC The
Tol[bddge+(Sunday Sale)
2800 Rhomberg
Jorja Moore Joda's Restr. &
Lounge+(Sunday Sale) 890 Iowa St
Passed, approved and adopted this
20th day of November, 2000.
Terrance M. Duggan, Mayor
Attest: Jean'ne F. Schneider, City Clerk
Buol moved adoption of the
Resolution. Seconded by Nichoison.
Motion carried 7-0.
456 Regular Session, November 20, 2000
BOARDS/COMMISSiONS
Applicants are invited to address the
Council to express their desire to serve
on the following Commission.
HOUSING COMMISSION (Section
8) - Applicants: Jeremy Austin: Kris
Edckson; Joe Hopkins; Denise Miller;
John Plain. Kds Edcksor and Joe
Hopkins spoke requesting
consideration for appointment
Buo[ moved to suspend the ru[ss to
allow anyone present to address the
Council ~f they so desire. Seconded by
Cline. Motion carried 7-0.
PUBLIC HEARINGS
2120 John F. Kennedy Road - Molo
Big 10 Mart- Request to Rezone: Proof
of publication on notice of hearing to
consider rezoning property located at
2120 John F. Kennedy Road from C-2
Neighborhood Shopping Center Distdct
[o C-3 General Commercial District:
Communication from Steve Gorius.
Molo Big 10 Mart, reque~ng that
Council approve the rezoning; and an
Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances by
reclassifcng hereinafter described
property located at 2120 John F.
Kennedy Road from C-2 Neighborhood
Shopping Center Distdct to C-3
General Commerciat District, presented
and read. Markham moved to refer this
ma~er back to the Zoning Advisory
Comrr'ssion. Seconded by Robbins.
Motion carried 7-0.
2100 Asbury Road - Marry ana
Nancy McNamer- Request to Rezone:
Proof of publicatio~ on notice of
hearing to consider rezoning proper~
located at 2100 Asbury Road from D
Institutiona! District to OS Office
Services District, presented and read.
Buol moved that the proof be received
and filed. Seconded by Michalski.
Motion carded 7-0.
Marry McNamer. 1199 Hunter's
Ridge, SPOKe requesting the rezoning.
An Ordinance Amending Appendix A
(the Zoning Ordinance/ of the City of
Dubuaue Code of Ordinances By
reclassifying hereinafter described
property tocated at 2100 Asbury Road
from ID [nstitutiona Distdct to OS
Office Services District. presented and
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 99-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 2100 BLOCK OF ASBURY ROAD
(NORTH OF CLARKE DRIVE AND
ASBURY ROAD) FROM ID
INSTITUTIONAL DISTRICT TO OS
OFFICE SERVICE 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 reclassifying the
hereinafter described property from ID
institutional District m OS Office
Service District, to wit:
Lot 2 Red Cross Place, and [o the
center line of the adjoining public right-
of-way, ell in the City of Dubuque
iowa.
Section 2. The foregoing
amendment has heretofore beef
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take
affect immediately upon publication, as
provided by [aw.
Passed, approved and adopted this
20th day of November. 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Published officially in the Telegraph
Herald newspaper this 29th day of
November. 2000.
Jeanne F. Schneider, City Clerk
It 11/29
Buol moved that the reouirement
rna[ a proposed Ordinance De
considered and voted on for passage
au two Council Meetings orior to the
meeting ar which it is to be ~nally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Michalski. Motion carried 7-0
Dubuaue Yacht Basin. [nc.
Reauest te Rezone: Proof of
publication on notice of headng to
consider rezonmg the Dubuque Yacht
Basin, Inc., propers' located at Bissell
Harbor Schm[tt Harbor from Ht Heavy
Industrial District ro CR Commercial
Recreation District, presented and
read. Markham moved that the proof
be 'eceived and flied. Seconded by
Robbins. Motion carded 7-0
Regular Session, November 20+ 2000
457
Helen Shanley of the Dubuque Yacht
Basin spoke explaining the request for
the rezoning.
An Ordinance Amending Appendix A
(the Zoning Ordinance) of the City of
Dubuque Code of Ordinances by
reciass~ng hereinafter described
property located at Schmitt Harbor from
HI Heaw Indus~al Disthct to CR
Commercial Recreation District,
presented and read.
(OFFICIAL PUBUCATION)
ORDINANCE NO. 100-00
AN ORDINANCE AMENDING
APPENDIX A {THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
SOUTH OF ADMIRAL SHEEHY
DRIVE FROM HI HEAVY INDUSTRIAL
DISTRICT TO CR COMMERCIAL
RECREATION 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 reclassifying the
hereinafter described 3roperty from HI
Heavy ndustdal District, to CR
Commercial Recreation District, as
shown in Exhibit A, and to the center
line of the adjoining public right-of-vray,
all in the City cf Dubuque, Iowa.
Section 2. The foregoing
amendment has heretofore been
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take
effect immediately upon publication, as
provided by law.
Paese~, approved and adopted this
20th day of November. 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published efl~cisily in the Telegraph
Herald new~paper this 29th day of
\lcvembe~ 2000.
Jeanne F. Schneider. City Clerk
It 11/29
Markham moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at b,¥o Council Meetings prior
to the meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Michalski Motion carried 7-0.
Southwest Artadal - DeveloDmem
~Ioratodum: Proof of publication on
notice of hearing [o consider a text
amendment to the Zoning Ordinance
and City Manager recommending
approval of an amendment to the
Building Code regardi~]g a
development moratorium ~n the
proposed Southwest Artedal Corridor.
presented and read. Robbins moved
that the proof be received and filed.
Seconded oy Markham. Motion carded
7-0.
Attorney Bill Maiers, representing Bill
& Janet Siegert, spoke stating they are
withdrawing their resistance.
An Ordinance Amending Chapter 11
(Buildings and Building Regulations) of
the City of Dubuque Code of
Ordinances by adding Section 11-58.3,
establishing a moratorium for permit
applications in the Southwest Artadal
Corridor, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 101-00
AN ORDINANCE AMENDING
CHAPTER 11 (BUILDINGS AND
BUILDING REGULATIONS) OF THE
CITY OF DUBUQUE CODE OF
ORDINANCES BY ADDING SECTION
11-58.3, ESTABLISHING A
MORATORIUM FOR PERMIT
APplICATIONS IN THE SOUTHWEST
ARTERIAL CORRIDOR,
Whereas, the Iowa Department of
Transportation (IDOT) is engaged in a
study of the Southwest Artedal
Corridor, which will include the
determination of a preferred alignment;
and
Whereas. the IDOT has requested
that the City of Dubuque enact a
twelve-month development meratadum
for the Southwest Artedal Corridor; ane
Whereas, the City of Dubuque
desires to minimize ~otential
development conflicts dunng this stuny
by enacting a [welve-month
development moratorium for the
Southwest Artedal Corridor.
'4OW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF DUBUQUE, iOWA:
Section 1. Chac[er 11 (Buildings
and Building Regulations) of the City of
Dubuque Code of Ordinances is
hereby amended by adding Section 11-
58.3 as fellows:
Section 11-58.3 Moratorium - for
work in the Southwest Arterial Corridor
The Building Official shall not issue
/*58 Regular Session, November 20, 2000
any permit for any new constructioE.
demolition, or substantial enlargement,
alteration, repair or remodeling .of any
structure, building or sign [n the
Southwest Arterial Corddor dudng the
twelve-month cadod from the effective
date of this Section, except where a
vested dght to the issuance of such
permit accrued to any person, firm or
corporation as a matter of law prior to
the effective date of this Section.
Section 2. This Ordinance shall take
effect upon publication, as provided by
law.
=aesed, approved and adopted this
20th day of November, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 29th day of
November, 2000.
Jeanne F. Schneider, City Clerk
It 11/29
Robbins moved that the requirement
that a proposed Ordinance ee
considered and voted on for passage
at two Council Meetings prior to the
meeting at which [t is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Markham. Motion carried 7-0.
An Ordina'~ce Amending Appendix A
(Zoning Ordinance) of the City of
Dubuque Code of Ordinances by
amending Section 4-4.2 regarding site
plans, and by amending Section 6-1-
5.5 regarding rezonings, m establish a
moratorium for site plan and rezomng
applications in the Southwest Arterial
Corridor, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 102-00
AN ORDINANCE AMENDING
APPENDIX A (ZONING ORDINANCE}
OF THE CITY OF DUBUQUE CODE
OF ORDINANCES BY AMENDING
SECTION 4-4.2 REGARDING SITE
PLANS, AND BY AMENDING
SECTION 6-1-5.5 REGARDING
REZONINGS, TO ESTABLISH A
~IORATORIUM FOR SITE PLAN AND
REZONING APPLICATIONS IN THE
SOUTHWEST ARTERIAL
CORRIDOR.
Whereas, the Iowa Deeartmen~ of
Transportation (IDOT) is engaged in a
study of the Southwest Arteda
Corridor, which will include ti~e
oeterm~nauon of a preferred alignment;
and
Whereas the IDOT has requested
that the City of Dubuque enact a
twelve-month development moratorium
for the Southwest Artedal Corridor and
Whereas the .C?/. of Dubuoue
desires to mlnlmtze potential
development confiists dudng this study
by enacting a twelve-month
development moratodurr for the
Southwest Artedal Corridor.
NOW THEREFORE. BE IT
ORDAINED BY THE CITY COUNCIL
OF DUBUQUE. IOWA:
Section 1. Appendix A (Zoning
Ordinance} of the City of Dubuque
Code of Ordinances is hereby
amended by amending Section 4.4.2
as follows:
Section 4.4.2. Application and
Scope.
Moratadum - for site plans in the
Southwest Artedal Corridor.
The City Planner sha[. not issue
conditional or final approval for any site
plan filed for properly in the Southwest
Arterial Corridor that ies within the
corporate limits of the City of Dubuque,
as delineated on the attached drawing,
during the twelve-month pedod from
the effective date of this Section,
except where a vested fight to [he
issuance of such approval accrued to
any ~erson, firm or corporation as a
matter of law prior to the effective date
of this Section.
Application and Scope of Site Plan
Review and Approval
~[o building permit or occupancy
permit shall be issued, and
construction, grading or other land
development activity listed below may
be commenced on 9roperty unless a
site plan nas been submitted and
approved for such activity as set forth
in this Section.
Development activities subject to the
reouirements of this Section may
hereafter be carried out only in
substantial conformance with the
approved site plan and any conditions
or restrictions attachec thereto. Any
~ubstantial deviation from the aeeroved
site plan unless approved in advance
by the City Planner. shall be deemed a
violation of this Ordinance
Deveioement activities subject to site
plan review:
1. Construction or expansion of any
building, structure or freestanding sign
except single-family detached
dwellings, duplexes and townhouses of
not more than two (2) units and
permitted acceesow structures to a
single-family dwelling or duplex,
however driveways to said sing[e-
family ano duplex dwellings shall be
Reqular Session, November 20~ 2000
459
paved with a hard surface.
2. Any change, alters/ion or
modification in a structure or use which
would require the provision of
additional off-street parking spaces,
add/tonal lot area, or other substanfiai
change in zoning requirements
applicable to such structure or use.
3. The construction or creation of
any parking lot or the expansion of any
existing parking lot
Section 2. Appendix A (Zoning
Ordinance) of the City of Dubuque
Code of Ordinances is hereby
amended by amending Section 6-1.5.5
as fol~ows:
Section 6-1.5.5 Moratorium - for
rezonings in the Southwest A~fe~al
Corddor
In addition to the requirements of
subsection 6-1.5 of this Section, the
City Council shalt not give final
approval to any reclassification
(rezoning) request for property in the
Southwest Arterial Corridor that ~ies
w~thin the corporate limits of the City of
Dubuque, as delineated on the
attached drawing, during the twelve-
month period from the effec~va date of
this Section, except where a vested
dght to the issuance of such approval
accrued to any pemon, firm or
corporation as a matter of law pdor to
the effective date of this Section.
Section 3. This Ordinance shall take
effect upon publication, as provided by
law.
Passed, approved and adopted this
20th day of November, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 29th day of
November, 2000.
Jeanne F. Schneider, City Clerk
It 11/29
Rcbbins moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings prior to the
meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Markham. Motion carried 7-0.
An Ordinance Amending Chapter 42
(Subdivision Regulations) of the City of
Dubuque Code of Ordinances by
amending Section 42-16, to establish a
moratorium for subdivision plats in the
Southwest Arterial Corridor, presented
and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 103-00
AN ORDINANCE AMENDING
CHAPTER 42 (SUBDIVISION
REGULATIONS} OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY AMENDING SECTION 42-16, TO
ESTABLISH A MORATORIUM FOR
SUBDIVISION PLATS IN THE
SOUTHWEST ARTERIAL
CORRIDOR.
Whereas, the Iowa Department of
Transportation (IDOT) is engaged in a
study of the Southwest Artadal
Corridor, which will include the
determination of a preferred alignment;
and
Whereas, the IDOT has requested
that the City of Dubuque enact a
twelve-month development moratadum
for the Southwest Artedal Corridor; and
Whereas, the City of Dubuque
desires to minimLze potential
development conflicts during this study
by enacting a twelve-month
development moratorium for the
Southwest Arterial Corridor.
NOW THEREFORE, BE iT
ORDAINED BY THE CITY COUNCIL
OF DUBUQUE, IOWA:
Section 1. Chapter 42 (Subdivision
Regulations) of the City of Dubuque
Code of Ordinances is hereby
amended by amending Section 42-16
as follows:
Section 42-16. Southwest Artedal
Corddor Review:.
No plat for any subdMsion or
resubdivision of property in the
Southwest Arteda[ Corridor, as
delineated on the attached drawing,
shall be approved by the City Council,
Zoning Advisory Commission or City
Planner during the twelve-month pedod
from the effective date of this Section,
except where a vested dght to the
issuance of such approval accrued to
any person, firm or corporation as a
matter of law pdor to the effective date
of this Section.
Section 2. This Ordinance shall take
effect upon publication; as provided by
law.
Passed, approved and adopted this
20th day of November, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 29th day of
November, 2000.
Jeanne F. Schneider, City Clerk
It 11/29
Robbins moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
460
Regular Session, November 20, 2000
at two Council Meetings pdor to the
meeting at which it is to De finally
passed be suspended anc fur[her
moved final consideration and passage
of the Ordinance. Seconded by
Markham. Motion carded 7-0.
-Fischer Cold Storage Warehouse
Asbestos Abatement Project: Proofs of
publication on notice of headng on
plans and specs and notice to bidders
on the receipt of bids for the Fischer
Cold Storage Warehouse Asbestos
Abatement Project and City Manager
recommending to award contract for
project to Advanced Technologies
Corporation in the amount of $3,200,
presented and read. Bucl moved that
the proofs and communication be
receive(: and tiled. Seconded by
Nicholson. Motion carded 7-0.
RESOLUTION NO. 562-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 1st day of
November, 2000, plans, specifications,
and form of contract were filed ~h the
City Clerk of Dubuque, Iowa for the
Fischer Cold Storage Warehouse
Asbestos Abatement Project.
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 said plans, specifications.
and form of contract are hereby
approved as the plans, sDecificafions,
ano form of contract for saic
improvements for said project.
Passed adopted and approved this
20th day of November, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
~esclution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 563-00
AWARDING CONTRACT
Whereas. sea,ed proposals have
been submitted by contractors for the
Fischer Caid Storage Warehouse
Asbestos Abatement Project pursuant
[o Resolution No. 538-00 and notice to
bidders published in a newspaper
published in the City of Dubuque, Iowa
on the 8th day of November, 2000
Whereas. said sealed prooosale
were opened and read on the 17th day
of November 2000. ano [t nas peen
determined that the b~d of Advanced
Technologies Corporation, of Cedar
Falls. Iowa. in the amount of $3,200.00
was the lowest bid for the furnishings of
all labor and materials and oerforming
the work as provided for in the plans
and specifications.
NOW THEREFORE, BE T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
That the contract for the above
improvement be awarded to Advanced
Technologies Corporation and the
Manager be and is hereby directed to
execute a contract on behalf of the City
of Dubuque for the complete
performance of the work.
BE IT FURTHER RESOLVED:
That upon [ne signing of said
contract and the approval of [he
contractor's bond, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
20th day of November, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
Crescent Ridge - Request to Vacate:
Proof of publication on notice of
headng to consider disposing of
interest in Lot F of.Mineral Lots 232
and 291 n the City of Dubuque, Iowa
aha City Manager recommending
disposal of the property to McDermott
Real Estate presented and read.
Robbins moved that the proof and
commuaication be received and filed.
Seconded by MichalskL Motion carried
Larry McDermott SpoKe clari~ing the
request
RESOLUTION NO. 564-00
RESOLUTION DISPOSING OF CITY
iNTEREST IN LOT F OF MINERAL
LOTS 232 AND 291, IN THE CITY OF
DUBUQUE, IOWA
Wherea~ pursuantto resolution and
published notice of time and place of
heating, published in the Telegraph
qerald s new~paper of general
circulation 3ublished in the City of
Dubuque, Iowa on 11th day of
'4ovember, 2000. the City Council of
the City of Dubuque, Iowa met on the
20th day of November, 2000, at 6:30
p.m. in the Public Library Auditorium
11th and LOCUSt. Dubuque, Dubuoue
County, Iowa to consider the propoes[
for the sale of real estate described as:
Reqular Session, November 20~ 2000
461
Lot F of Mineral Lots 232 and 291 in
the City of Dubuque, Dubuque County,
Iowa
Whereas, the City Council of the City
of Dubuque, Iowa overruled any and all
objections, oral or written to the
proposal to sell such real estate,
except for easement as noted.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the sale of City of
Dubuque real property described as
Lot F of Mineral Lots 232 and 291 in
the City of Dubuque, Dubuque County,
Iowa, to McDermott Real Estate be and
the same is hereby approved for the
cost of publicafion, pla~ng and filing
fees. Conveyance shall be by Quit
Claim Deed.
Secfion 2. That the Mayor be
authorized and directed to execute a
Quit Claim Deed, and the City Clerk be
and is hereby authorized and directed
to deliver said deed of conveyance to
McDermott Real Estate upon receipt of
the publicafion and filing fees.
Section 3. That the City Clerk be and
is hereby authorized and directed to
record a certified copy of this resolution
in the office of the C~ Assessor,
Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this
20th day of November, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
Resolution. Seconded by Michaiski.
Motion carried 7-0.
Michaiski moved that the rule be
reinstated limiting discussion to the
Council. Seconded by Cline. Motion
carried
ACTION ITEMS
Freedom, Inc,/Salina Street
Reconstruction Project:
Communica~on from Bdan J. Kane,
representing Freedom, Inc,, requesting
that their assessment for the Salina
Street Reconstruction Project be
reconsidered, presented and read.
Buet moved that the communication be
received and filed, Seconded by
Nicholson. Motion carried 7-0.
Attorney Brian Kane spoke
requesting reconsideration,
Southern Hills Subdivision in
Dubuque County - Final Plat: City
Manager recommending approval of
the final plat of Lots 30-61, inclusive, of
Southern Hills SubdMsion in Dubuque
County, presented and read. Robbins
moved that the communications be
received and filed. Seconded by
Markham. Motion carried 7-0.
RESOLUTION NO, 565-00
RESOLUTION APPROVING THE
FINAL PLAT OF LOTS 30-61,
INCLUSIVE, OF SOUTHERN HILLS
SUBDIVISION AS COMPRISED OF
LOT E OF SOUTHERN HILLS
SUBDIVISION
Whereas, there has been filed with
the City Clerk a final plat of Lots 30-61,
inclusive, of Southem Hills Subdivision
as comprised of Lot E of Southern H~lls
Subdivision; and
Whereas, upon said final plat appear
street(s) to be known as Long Tail
Lane and Kemp Court; and
Whereas, me preliminary plat has
been examined by the Zoning Advisory
Commission and has its approval
endorsed thereon, with the waver of
Article IV, Design and Improvement
Standards of the SubdMsion
Regulations, except for Section 42-19:
and
Whereas ssid final plat has been
reviewed by the City Planner and had
her approval endorsed thereon; and
Whereas, said final plat has been
examined by the City Council and they
find that it conforms to the s[a~u~es and
ordinances relating to it.
NOW THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWAc
Section 1. That the final plat of Lots
30-61 inclusive, of Southern Hills
Subdivision as comprised of Lot E of
Southern Hills Subdivision in Dubuque
County, Iowa. is hereby approved and
the Mayor and City Council are hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa,
upon said final plat.
Section 2. That the City Council
hereby waives Ar~cle IV, Design and
Improvement Standards. except for
Section 42-19 Lots and Blocks, of the
City Subdivision Regulations.
Passed, approved and adopted this
20th day of November, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Robbins moved adoption of the
Resolution. Seconded by Markham.
Motion carried
Crescent Heights SubdMsior - Fina
Plat: City Manager recommending
approval of the final plat of Crescent
Regular Session, November 20, 2000
Heights Subdivision, presented and
read. :~obbins moved that the
communication be received and filed.
Secondea by Niche]son. Motion
carried 7-0.
RESOLUTION NO. 566-00
.~ RESOLUTION APPROVING THE
FINAL PLAT OF LOTS 1 THRU 42
INCLUSIVE, OF BLOCK 1, LOTS 1
THRU 10 INCLUSIVE OF BLOCK 2,
LOTS I THRU 22 INCLUSIVE, OF
BLOCK3, AND LOTS A, B, C, D AND
E OF CRESCENT HEIGHTS
SUBDIVISION IN THE CITY OF
DUBUQUE, IOWA
Whereas. there has been filed with
the City Clerk a final plat of Lots 1 thru
42 Inclusive, of Block 1 Lots 1 thru 10
Inclus'rve, of Block 2, Lots I thru 22
Inclusive. of Block 3, and Lots A, B, C.
D and E of Crescent Heights
Subdivision in the City of Dubuque,
Iowa- and
Whereas, upon said final plat
appears streets to be known as Eclipse
Circle [Lot A), Lunar Drive (Lot B) and
Nocturnal Lane (Lot C) together with
certain public utiFrty, sewer easements.
storm water detention facility (Lot D)
and park land (Lot El which the owners
by said final plat have dedicated to the
public forever: and
Whereas, said plat provides 0 feet of
[rontage for Lot D and 50 feet of
frontage for Lot E where 60 feet is
required by Secfion 42-19(b) of the
Subdivision Regulations; and
Whereas, the preliminary plat has
been examined by the Zoning Advisory
Commission and had its apprava
endorsed thereon and
Whereas, said final plat has been
reviewed by the City Planner and had
her approval endorsed thereon, SUbject
tO the owners agreeing to the
conditions noted in Section 3 below-
and
Whereas, said final plat nas Dean
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating to it, exceot that no
streets or public ufilifies have yet Dean
constructed or installed.
NOW. THEREFORE BE IT
~ESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the dedication of
Eclipse Circle (Lot A), Lunar Drive (Lot
B), Nocturnal Lane ILot C) storm water
detention facility (Lot D) and earK land
(Lot E) together with the easements for
~ublic utilities, sanitary sewer storm
sewer and ware[ mains as they appear
upon said final plat. be and the same
are hereby accepted: and
Section 2. That Section 42-19(b) of
the Subdivision Regulations is waived
to allow Lot D to have 0 feet of frontage
and Lot E to have 50 feet of frontage,
where 60 feet of frontage is reouired.
Section 3. That the plat of Lots 1
~ru 42 Inclusive. of Block 1. Lots 1 thru
10 Inclusive, of Block 2, Lots 1 thru 22
Inclusive, of Block 3, and Lots A, B, C.
D and E of Crescent Heights
Subdivision is hereby approved and the
Mayor and City Clerk are hereby
authorized and direc[ed to endorse the
approval of the City of Dubuque, Iowa,
upon said final plat, provided the
owners of said property herein namec
execute their wdtten acceptance hereto
attached agreeing:
(a) To reduce Eclipse Circle (LotA),
Lunar Ddve (Lot B) and Nocturnal Lane
(Lot C) to grace and to construct
concrete curb and gutter and to hard
surface with asonaific concrete or with
concrete paving with integral curb. all in
accordance with the C~ of Dubuoue
standard specifications, all in a manner
acceptable to the City Engineer, n
conformance with construction
improvement plans approved by me
City Engineer, and inspected by the
City Engineer.
(b) To install sanitary sewer ma[ns
and sewer service laterals into each
individual lot. water mains and water
service laterals into each indMdual lot.
storm sewers and catch basins,
boulevard street lighting and erosion
control devices all in accordance
the City of Dubuque standard
specifications, all in a manner
acceptable to the City Engineer= and in
accordance with construction
improvemen[ plans aoeroved by the
City Engineer, and inspected by the
City Engineer.
(c) To construct a storm water
detention facility n a manner
acceptable [o the City Engineer, in
accordance with the City of Dubuque
standard specifications, in accordance
with construction improvement 3lane
approved by the City Engineer and
inspected by the City Engineer.
(d) To construct said improvements,
crier to '~vo (2) years from'the date of
acceptance of this resolution, at the
sole expense of the owners= or future
owner;
(e) To maintain the eublic
imcrovements for a period of two (2)
years from the date of the acceptance
of those improvements by the City of
Dubuque, Iowa, at the sole expense of
;.Il
Regular Session, November 20, 2000
463
And, further provided that said
McDermott Real Estate, as owners of
said property, shall secure the
performance of the foregoing
conditions provided in this Section by
providing guarantees in such form and
with such sureties as may be
acceptable to the City Manager of the
City of Dubuque, Iowa.
Section 4 Sidewalk installation shall
be the responsibility of the owner
abutting the public rights-of-way,
including lots with multiple frontages,
as required by City Code 4%161
through 4%164. The responsibility
shall extend lo all successors, heirs
and assignees. Sidewalk instaflation
will not ~e required until the
development of the lot has bean
completed, except as required herein.
In sparsely developed subdMsions.
sidewalks on developed lots will not be
required until 50% of the lois approved
by the plat have been developed. All
vacant lots shall have sidewalks
installed upon development of 80% of
the lots approved by the plat.
Section 5. The developer will
maintain the detention facility until it
has been fully completed and 80% cf
the sum of the platted lots are fully
developed and the 'emaining 20% of
these lots have installed adequate
erosion control measures as approved
by the City. Upon the City's
acceptance of the detention facility, the
City of Dubuque for the storm water
detention facility (Lot D) shall be
assessed against Lots i through 42
Inclusive, of Block 1, Lots I through I0
Inclusive, of Block 2 and Lots 1 through
22 Inclusive, of Block 3. in equal
amounts, and the City Manager shall
certify such costs to the City Clerk, who
in turn shall promptly certify such costs
to the Dubuque County Treasurer. and
such costs shall then be collected with
and in the same manner as general
property t~(os in accordance with
provisions of law.
Section 6. That thefinal acceptance
of ail public improvements shall occur
upon certification of the City Engineer
to the City Council that al: public
~mpravementa have been ~ompleted in
accoraance wr~h the ~mprovement
plans and City standard specifications
and accepted by City Council
Resolution
Section 7. That ir the event
\4cDermott Real Estate fails to execute
guarantees provided in Section 3
hereof within 180 days after the date of
this Resolution, the provisions hereof
shall be null and void and the
acceptance of the dedication and
approval the plat shall not be effective.
Passed, approved and adopted this
20th day of November. 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
Elected Officials Compensation Task
Fome: Council discussion on
appointments to the Elected Off~cials
Compensation Task Force. Nicholson
moved that all of the Council Vlembers
choose an individual to be part of the
Elected Officials Compensatfar Task
Force and that a recommendation be
made before [he end of January.
Seconded by Michalski. Motion carded
7-0. As part of this Task Force:
Nicholson chose Katie Krieg; Cline
chose Jerry Westameyer; Duggan
chose Ted Goodmann: Markham chose
Ken Hansen; Robbins chose Dave
Baker; Buol chose Dan White.
COUNCIL MEMBER REPORTS:
Nicholson reported that he had been
asked to fill an open seat on the Project
Concern Board of Directors
Consensus of the Council was that this
would be appropdata. Nicholson
reported that a voting aelegate needed
to be selected for the NLC Meeting in
December. Michalski moved that
Nichoison De the voting delegate.
Seconded by Buol. Motion carded 7-0
TEMS TO BE SET FOR PUBLIC
HEARING
Request m Vacate Lloyd
Gudenkauf: City Manager
recommending that a public hearing be
set for December 4. 2000, to consider
disposing of interest and to vacate a
utility easement over Lot 1 3lock 4 of
Patdcia Ann Acres at the request of
Lloyd Gudenkauf, and Lloyd S.
Gudenkauf requesting vacation of an
essemen~ for util~ss on the westedy lot
line of Lot 1 Block 4 of Patdcia Ann
Subdivision eresented and read Buol
moved that [ne communications ae
received and filed Seconded by Cline.
Motion carded 7-0.
RESOLUTION NO. 567-00
RESOLUTION OF INTENT TO
DISPOSE OF INTEREST AND
VACATE UTILITY EASEMENT OVER
464
Regular Session, November 20, 2000
LOT I BLOCK 4 PATRICIA ANN
ACRES IN THE CITY OF DUBUQUE,
IOWA, DUBUQUE COUNTY, IOWA
Whereas, Lloyd S. Gudenkauf is the
current owner of Lot 1 Block 4 Pathcia
Ann Acres: and
Whereas, a 10-foot wide utility
~asement is currency platted on the
weste~y side of said lot; and
Whereas Lloyd S. Gudenkauf has
petitioned to vacate the easement in
said lot
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That the C'~ of Dubuque
intends to dispose of its interest and
vacate a ~ O-foot wide utility easement
over Lot 1 Block 4 Patdcia Ann Acres
in the City of Dubuque, as shown on
the attached Exhibit A.
Section 2. That the City' Clerk be
and is hereby authorized and directed
to cause a notice of intent to be
pubtished as prescribed under Section
364.7 Code of iowa. 1999 or amended.
Passed, approved and adopted this
20~' day of Novembec 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
Resolution and further set this for
Public Hearing on 12/4/00 at 6:30 P.M.
n the Public Library Auditorium and
that the City Clerk publish notice in the
manner orescdbed by law. Seconded
by Cline. Motion carried 7-0.
Demolition of Fischer Cold Storage
Warehouse: City Manager submitting
documents providing for demolition of
me Fischer Cold Storage Warehouse
and setting a public hearing for
December 18. 2000, presented and
'earl. Michalski moved that the
communicafion be received and flied.
Seconded by Robbins. Motion carded
RESOLUTION NO. 568-00
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE. BE IT
:~ESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
That the proposed plans,
specifications, and the form of contract
for ti~e =ischer Cold Storage
Warehouse and Carriage Building
Demolition and Site Clearance Project
are hereby approved and ordered filed
in the off-Ice of the City Clerk for 3ublic
inspection.
Passed, adopted and approved this
20th da., of November, 2000.
Terrance M. Duggan, Mayor
At, est: Jeanne F. Schneider, City Clerk
Micheiski moved adoption of the
Resolution Seconded by Robbins.
Motion carded 7-0
RESOLUTION NO 569-00
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City
of Dubuque, Iowa has given [ts
preliminary approval on the proposed
plans, specifications, and the form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the Fischer Cold Storage
Warehouse and Carriage Building
Demolition and Site Clearance Project
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
That on the 18th day of December
2000, a oublic 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
specifications, form' of con[fac[ and
cost of said improvemem, and the City
Clerk be and is hereby directed to
cause a notice of time and place of
such hearing to be published n 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 pdor to the
day fixed for its consideration. At the
headng, any interested person may
appear and file objections to me
proposed plans, specifications,
contract, or estimated cos[ of the
improvement
Passed, adobted eno aeereved this
20~ day of qovember 2000.
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 570-00
ORDERING BIDS
NOW THEREFORE BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Fischer Cold Storage
Warehouse and Carriage Building
Demolition and Site Clearance Project
is hereby ordered to be advertised for
bids for construction.
BE IT FURTHER RESOLVED that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
Regular Session, November 20, 2000
465
provisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided,
to be published in a newspaper having
general circulation-in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
forty-five days pdor to the receipt of
said bids at 2:00 p.m. on the 7th day of
December, 2000. Bids sha~l be opened
and read by the City Clerk at said time
and will be submitted to the Council for
tinaJ action at 6:30 p.m. onthe 18th day
of December, 2000.
Passed. adopted and approved this
20~ day of November, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Micha[sld moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
North Grandview at Delhi Project -
Acceptance and Public Headng: City
Manager recommending acceptance of
the concrete repairs on the NoAh
Grandview at Delhi Project in the
amount of $124,337.05 and setting a
public headng for December 18, 2000
to consider the final schedule of
assessments, presented and read.
Markham moved that the
communication be received and tiled.
Seconded by Robbins. Motion carded
RESOLUTION NO. 571-00
ACCEPTING IMPROVEMENT
Whereas. the contract for the
Concrete Repairs on North Grandview
at Delhi Project has been completed
and the City Manager has examined
the work and filed his certificate stating
that the same has been completed
according to the terms of the contract,
plans and specifications and
recommends its acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OFTHE C~TYOF DUBUQUE. OWA:
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's hereby
directed to pay to the contractor from
the Fiscal Year 2000 Capital
Improvement Budget for Concrete
Section Reoeirs in amount equal to the
amount of this contram, less any
retained aercentage provided for
therein.
Passed, approved and adopted this
20th day of November, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
MichalskJ moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 572-00
FINAL ESTIMATE
Whereas. the contract for the
Concrete Repairs on North Grandview
at Delhi Project has been completed
anP the City Engineer has submitted
his final estimate showing the cost
thereof including the cost of estimates,
notices and inspection and all
miscellaneous costs;
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined ro
be $124,337.05.
Section 2. That $3,799.12 of the cos[
thereof-shall be assessable upon
pdvate property and $120,537.93 shall
~e paid from the Fiscal Year 2000
Capital Improvement Budget for
Concrete Section Repairs.
Passed, approved and adopted this
20th day of November, 2000.
Terrance M. Duggan, Mayor
Attest: deanna F. Schneider, Ci~ Clerk
Markham moved adoption of the
Resolution. Seconded by Robbins.
Motion carited 7-0
RESOLUTION NO. 573-00
RESOLUTION OF NECESSITY
Whereas, proposed Drsns have been
duly prepared and approved bythe City
Council of the City of Dubuque and are
now on file in the office of Cit~ Clerk
showing among other things the plans,
specifications, form of contract,
estimated cost and preliminary Plat and
schedule showing the amount
proposed to be assessed against each
lot and the valuation of each lot as tiled
by the City Council, for the Concrete
Repairs on North Grandview at Delhi
Project.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, OWA:
That the City Council deems it
advisable and necessary for the public
welfare to make the herein mentioned
'mprevements and unless property
owners a[ me time of the final
consideration of this proposed
resolution have on file wm the City
Clerk objections To the resolution of
666
Regular Session, November 20, 2000
necessity, they shall be deemed to
have waived all objections pertaining to
the regu[ark"y ofth~ proceeding and the
legality - of using the special
assessment procedure.
Said improvements shall be
constructed and done in accoraance
with the plans and specifications which
have been approved by the City
Council and now on file with the City
Clerk. That the cost and expense of
making such tmprovemem will be
assessed paYda[iy or totally against
privately owned property lying with the
assessment limits, and in an amount
not to exceed that provided by law. and
in proportion to the special benefits
conferred~
The poKion of the cost which shall
be borne by the City will be paid from
the Fiscal Year 2000 Capital
Improvement Budget for Concrete
Section Repair, and special
assessment bonds may be issued in
anticip~ation of deferred 3ayments of
assessments when a contract has
been performed and accepted, and the
proceeds thereof used to pay the
contractor.
The above resolution was
introduced= appravec and ordered
placed on file with the City Clerk this
20th day of November. 2000.
Approved and placed on file for final
action,
Terrance M. Duggan, Mayor
Attest: Jeanne F, Schneider. City Clerk
Markham moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7~0.
RESOLUTION NO. 574-00
FIXING DATE OF HEARING ON
RESOLUTION OF NECESSITY
Whereas. the City Council of the City
of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications aha forrr of
contract and placea same on file in the
office of City Clerkfor public inspection.
for the Concrete Reoa~rs on NoAh
Grandview at Delhi Project: aha
Whereas. the proposed Resolution
of Necessity for said improvement has
been introduced and is now on file in
the City Clerk's Office for public
nspect~on.
NOW THEREFORE BE [T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA
That on me 18th day of December.
2000, a public headng will be held at
6:30 o'clock e.m. in the Public Library
Auditorium n the City of Dubuque a[
which zJme the owners of property
subject to assessment for the proposea
improvement or any other person
having an interest in the matter may
appear and be heard for or against the
making of the improvement, the
boundaries of the district, the cost. the
assessment against any kit, or the final
adop~on of a resolution of necessity
and the City Clerk be and is hereby
authorized and directed to cause a
notice of time and place of such
headng to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which no'dce shall be
published once each week for two
consecutive weeks, the first publication
of which shall be not less than ten days
pdor to the date fixed for its
consideration. Unless property owners
at the time of the final considera'don of
this proposed resolution have on file
with the City Clerk objections to the
Resolution of Necessity they shall be
deemed to have waived ali objections
thereto.
Passed, approvec~ and adopted this
20th day of November. 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the
Resolution. Seconded by P~obbins
Motion carried 7-0.
Residential Parking ~ermit Distdct
"C" - Senior High School Area: City
Manager recommending thst a public
headng be set for December 4 2000
on a proposed amendment
Rssidentia[ Parking ~ermit District "C"
on DOrtions of North Grandview and
Rosedale Street presented and read.
Robbins move(] adoption of me
Resolution. Seconded by Markham
Motion carded 7-0.
RESOLUTION NO. 575-00
RESOLUTION SETTING A PUBLIC
HEARING ON AMENDING
F~ESIDENTIAL PARKING PERMIT
DISTRICT "C" AS DEFINED BY
SECTION 32-395 OF THE CODE OF
ORDINANCES TO INCLUDE PARTS
OF NORTH GRANDVIEW AVENUE
AND ROSEDALE STREET
Whereas, the City of Dubuque,
pursuant m Section 32~383 of the Code
of Ordinances. has -eceived a oetition
containing sufficient signatures that an
area described as follows be included
in Residential Parking Permit District
NoAh Grandview Avenue. south
side, from Avoca Street to the east
property line of 1961 NoAh Grandview
Reqular Session, November 20, 2000
467
Avenue;
Roseda[e Street, south side, from
Avoca Street to the alley east of St.
Ambrose Street;,
Rosedale Street, north side, from
Avoca- Street to the west property line
of 2095 Resedale Street; and
Whereas, pursuant to said Section
32-383, the City Manager has caused
a parking study of the area identified
above to be undertaken; and
Whereas; the City Manager, based
upon the results of the study, and in
accordance with Section 32-383,
recommends that the area be
designated as a Residenfial Parking
~ Permit~ Distr ct' and that existing
Residential Parking Permit District
should be amended to include:
North Grandview Avenue, south
side, from Avoca Street to the east
property line of 1961 North Grandview
Avenue.
Rosedale Street, south side, from
Avoca Street to the alley east of St.
Ambrose Street. Rosedale Street,
north side, from Avoca Street to the
west property line of 2095 Rosedale
Street.
and that the City Council set a public
hearing on the petition to establish
such area as a Rssidenfial Parking
Permit Distdct and the hours such
parking restrictions areto be in effect.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council finds
and determines that a valid petition has
been received for the designation of
the above described area as a
Residential Parking Permit District.
Section 2. That the Residential
Parking Permit District houm be
effective between the hours of 7:30
a.m. and 10:00 p.m. daily, except
Sundays and holidays.
Section 3. That the City Clerk be
authorized and directed to publish
notice of public hearing on
designation of the above described
area as a Residential Parking Permit
District, to be held on 4m day of
December, 2000.
Passed, approved, and adopted this
20th day of November, 2000.
Torrance M. Duggan, Mayer
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
Resolution setting a public hearing on
amending Residential Parking Permit
District "C" as detined by Section 32-
395 of the Code of Ordinances to
include parts of North Grandview
Avenue and Rosedale Street for
12/4/00 at 6:30 P.M. in the Public
LibranJ Auditorium and that the City
Clerk publish notice in the manner
prescribed by aw. Seconded by
Markham. Motion carried 7-0
At 7:59 P.M Michalski moved [o go
'nto Closed Session re: Pending
Litigation and Property Acquisition
(Iowa Code §21~5(1)(c)(j). Seconded
by Buo Motion carried 7-0.
At 9:39 P.M. Council 'econvened
Regular Session stating that Staff had
been given direction.
There being no further business,
Michalski moved to adjourn. Seconded
by BuoL Motion carried 7-0. The
meeting adjourned at 9:40 P.M.
/s/Jeanne F. Schneider
~ty Clerk
Approvej~~/~-~, 2001
Ado~F~:~'~/~.~ 2001
Clerk
Special Session, November 29, 2000
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session,
November 29, 2000
Council met in speciat session at
5:30 p,m. at the F-rye Flags Holiday inn
- Blue Moon Room
Present Mayor Duggan, Counci
Members Buol, Cline, MichalskJ,
Nichelson, City Manage[ Michael Van
Miliigen, Corporation Counsel Barry
Lindahl
200~
Mayor Duggan read the call anc
stated this is a special session of the
City Council called for the purpose of
discussing legisla~ve issues.
The City Council, County Bo~rd of
Supe~sors, School Board Members,
and representatives of the Parochial
School system met with area
legislators,to discuss issues of concern
for the upcoming legislative session, i AttesZ; ~
upon consensus meeting adjourned atJ~6'rty Clerk
8.45 o.m. ~
Is/Jeanne F. Schneider
City Clerk