2003 December Council Proceedings
Regular Session, December 1, 2003
389
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, December 1,
2003 -
Council met in Regular Session at 6:30 P.M. in
the Library Auditonum
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Van Milligen,
Corporaijon Counsel Lindahl.
Mayor Duggan read the call and stated this is
a regular session of the City Council called for
the purpose of discussing such matters which
may properly come before the City Council.
Invocation was given by Reverend David
Pacholke, Chaplain of The Finley Hospital.
CONSENT ITEMS
Minutes and Reports Submitted: City Council
of 11/12 and 11/17; Housing Commission Trust
Fund Committee of 10/30; Human Rights
Commission of 10/13; Mechanical Board of
11/17; Park and Recreaijon Commission of
11/12, presented and read. Buol moved that
the minutes be received and filed. Seconded by
Markham. Motion carried 7-0.
Pnnted Council Proceedings for month of
October, 2003, presented and read. Buol moved
that the proceedings be received and filed and
approved as pnnted. Seconded by Markham.
Motion carried 7-0.
Proof of publication of Council Proceedings of
10/30 and 11/3, presented and read. Buol
moved that the proofs be received and filed.
Seconded by Markham. Moijon carried 7-0.
Noijce of Claims/Suits: Robert Hallahan for
property damage, presented and read. Buol
moved that the claim be referred to the Legal
Staff for investigaijon and report. Seconded by
Markham. Motion camed 7-0.
Corporaijon Counsel recommending denial of
the claim of Scott Spensley for property
damage, presented and read. Buol moved that
the communication be received and filed and
concurred. Seconded by Markham. Motion
carried 7-0.
Citizen Communications: Communicaijon of
Frank Miller, Member of the Bee Branch Cmzens
Advisory Committee, to Jeffery A. Wickenkamp,
Camp Dre.sser & McKee, Inc. regarding
stormwaler problems in Dubuque, presented
and read. Buol moved that the communicaijon
be re.ceived and filed. Seconded by Markham.
Motion carried 7-0.
Communication from John Barbee regarding
the baseball stadium referendum, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7-0.
Eagle Food Centers, Inc.: Notice of Proposed
Agenda in the United States Bankruptcy Court
regarding Eagle Food Centers, Inc., et al.;
Notices of Motion regarding Eagle Food
Centers, Inc.; and Order Authonzing Payment
Under the Stub Rent Procedures, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Motion carned 7-0.
Locust Street Connector Project: City Manager
recommending acceptance of the Locust Street
Connector Project as completed by Portzen
Construction, Inc., in the final contract amount of
$66,582.31, presented and read. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion cam.ed 7-0.
RESOLUTION NO. 472-03
ACCEPTING IMPROVEMENT
Whereas, the contract for the Locust Street
Connector Project has been completed and the
City Manager has examined the work and filed
his certificate stating that the same has been
completed according to the terms of the
contract, plans and specifications and
recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendaijon 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 Sales Tax Fund in
amount equal to the amount of his contract, less
any retained percentage provided for therein.
Passed, approved and adopted this 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resoluijon.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 473-03
FINAL ESTIMATE
Whereas, the contract for the Locust Street
Connector Project has been completed and the
390
Regular Session, December 1, 2003
City Engineer has submitted his final estimate
showing the cost thereof including the cost of
estimates, notices and inspection and all
miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $72,901.79 and the
said amount shail be paid from the Sales Tax
Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buoi moved adoption of the Resolution.
Seconded by Markham. Motion camed 7-0.
Mississippi River Discovery Center Wetland
Package II - Intenor Walkways Project: City
Manager recommending acceptance of the
Mississippi River Discovery Center Wetland
Package II - Interior Walkways Project Contract
No.1 - Wood Piers & Decking, as completed by
Conlon Construction Co., in the final contract
amount of $78,245.27, Contract No.2 - Wood
Framing & Railing, as completed by Tricon
Construction, in the final contract amount of
$79,096, and Contract No.3 - Piumbing, as
completed by Portzen Construction, as a lump
sum amount of $11,100, presented and read.
Buol moved that the communication be received
and filed. Seconded by Markham. Motion
carned 7-0.
RESOLUTION NO. 474-03
ACCEPTING IMPROVEMENT
Whereas, the contract for the Mississippi River
Discovery Center Wetland Site Package II,
interior Walkways Project - Contract No.1 -
Wood Piers & Decking 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
contracts, plans and specifications and
recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvements be and the same are hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor in the amount equal to the amount
of his contract, less any retained percentage
provided for therein, and the City shall be
reimbursed in the amount of 20% of said
contract amount from the Dubuque County
Histoncal Society and 80% of said contract
-,-,..." ,.,~-""-
amount from the - Iowa Department of
Transportation, TEA-21 Grant.
Passed, approved and adopted this 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carned 7-0.
RESOLUTION NO. 475-03
FINAL ESTIMATE
Whereas, the contract for the Mississippi River
Discovery Center Wetland Site Package II,
Interior Walkways Project - Contract No.1 -
Wood Piers & Decking has been completed and
the City Engineer has submitted his final
esijmate 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 $78,245.27 and the
said improvement shall be paid by the City as
provided for therein, and the City shall be
reimbursed in the amount of 20% of said
contract amount from the Dubuque County
Historical Society and 80% of said contract
amount from the Iowa Department of
Transportation, TEA-21 Grant.
Passed, approved and adopted this 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carned 7-0.
RESOLUTION NO. 476-03
ACCEPTING IMPROVEMENT
Whereas, the contract for the Mississippi River
Discovery Center Wetland Site Package II,
Interior Walkways Project - Contract No.2 -
Wood Framing & Railings 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
contracts, plans and specifications and
recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and .that said
improvements be and the same are hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor in the amount equal to the amount
of his contract, iess any retained percentage
provided for therein, and the City shall be
reimbursed in the amount of 20% of said
"'" ,
Regular Session, December 1, 2003
391
contract amount from the Dubuque County
Histoncal Society and 80% of said contract
amount from the Iowa Department of
Transportation, TEA-21 Grant.
Passed, approved and adopted this 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resoluijon.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 477-03
FINAL ESTIMATE
Whereas, the contract for the Mississippi River
Discovery Center Wetland Site Package II,
Interior Walkways Project - Contract No.2 -
Wood Framing & Railings has been completed
and the City Engineer has submitted his final
estimate showing the cost thereof including the
cost of estimates, notices and inspection and all
miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1- That the cost of said improvement
is hereby determined to be $79,096.00 and the
said improvement shall be paid by the City as
provided for therein, and the City shall be
reimbursed in the amount of 20% of said
contract amount from the Dubuque County
Histoncal Society and 80% of said contract
amount from the Iowa Department of
Transportation, TEA-21 Grant.
Passed, approved and adopted this 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Moijon carned 7-0.
RESOLUTION NO. 478-03
ACCEPTING IMPROVEMENT
Whereas, the contract for the Mississippi River
Discovery Center Wetland Site Package II,
Interior Walkways Project - Contract No.3 -
Plumbing 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
contracts, plans and specifications and
recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendaijon of the
City Manager. be approved and that said
improvements be and the same are hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor in the amount equal to the amount
of his contract, less any retained percentage
provided for therein, and the City shall be
reimbursed in the amount of 20% of said
contract amount from the Dubuque County
Historical Society and 80% of said contract
amount from the Iowa Department of
Transportation, TEA-21 Grant.
Passed, approved and adopted this 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resoluijon.
Seconded by Markham. Moijon carried 7-0.
RESOLUTION NO. 479-03
FINAL ESTIMATE
Whereas, the contract for the Mississippi River
Discovery Center Wetland Site Package II,
Intenor Walkways Project - Contract No.3 -
Plumbing has been completed and the City
Engineer has submitted his final estimate
showing the cost thereof including the cost of
estimates, notices and inspection and all
miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $11,100.00 and the
said improvement shall be paid by the City as
provided for therein, and the City shall be
reimbursed in the amount of 20% of said
contract amount from the Dubuque County
Historical Society and 80% of said contract
amount from the Iowa Department of
Transportation, TEA-21 Grant.
Passed, approved and adopted this 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resoluijon.
Seconded by Markham. Motion carried 7-0.
2002 CDBG Curb Ramp Installation Project
#1: City Manager recommending acceptance of
the 2002 CDBG Curb Ramp installaijon Project
as completed by Perry Construction in the final
contract amount of $35,740, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Moijon carried 7-0.
RESOLUTION NO. 480-03
ACCEPTING IMPROVEMENT
Whereas, the contract for the 2002 CDBG
Curb Ramp Installation Project #1 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 specificaijons
and recommends its acceptance.
392
Regular Session, December 1, 2003
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the Fiscal Year 2002
Community Development Biock Grant Funds in
amount equal to the amount of his contract, less
any retained percentage provided for therein.
Passed, approved and adopted this 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion camed 7-0.
RESOLUTION NO. 481-03
FINAL ESTIMATE
Whereas, the contract for the 2002 CDBG
Curb Ramp Installation Project #1 has been
completed and the City Engineer has submitted
his final estimate showing the cost thereof
including the cost of estimates, notices and
inspection and all miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $36,812.00 and the
said amount shall be paid from the Fiscal Year
2002 Community Development Block Grant
Funds of the City of Dubuque, Iowa.
Passed, approved and adopted this 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carned 7-0.
2000 Sidewalk Installation Program: City
Manager recommending acceptance of the 2000
Sidewalk Installation Program as completed by
Perry Construction in the final contract amount
of $22,631.30, presented and read. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion camed 7-0.
RESOLUTION NO. 482-03
ACCEPTING IMPROVEMENT
Whereas, the contract for the 2000 Sidewaik
Installation Program has been completed and
the City Manager has examined the work and
flied his certificate stating that the same has
been completed according to the terms of the
contract, plans and specifications and
recommends its acceptance.
~"~,-.-".
NOW THEREFORE; BE IT RESOLVED BY
THE CITY COUNCIL OF THE 'CiTY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby
accepted. .
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the 1 % Local Option Sales
Tax Fund and the Street Construction Fund in
amounts equal to the amount of his contract,
less any retained percentage provided for
therein.
Passed, approved and adopted this 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 483-03
FINAL ESTIMATE
Whereas, the contract for the 2000 Sidewalk
Installation Program has been completed and
the City Engineer has submitted his final
estimate showing the cost thereof including the
cost of estimates, noijces 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 $24,253.30 and the
said amount shall be paid from the 1% Local
Option Sales Tax Fund and the Street
Construction Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
State Housing Trust Fund Application: City
Manager recommending approval of an
applicaijon from the Housing Trust Fund
Committee to the Iowa Finance Authonty for a
$100,000 State Housing Trust Fund grant,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
Support of Application for HOME Program
Funds: City Manager recommending approval
of a Resolution of Support for an application
from Scott Potter to the Iowa Department of
Economic Development for HOME Program
funds for a tweive-room SRO (Single-Room
Occupancy) facility, presented and read. Buo!
moved that the communication be received and
-,.',.._~.... '" -~.
Regular Session, December 1, 2003
393
filed. Seconded by Markham. Motion carned 7-
O.
RESOLUTION NO. 484-03
A RESOLUTION SUPPORTING AN APPLI.
CATION FROM SCOTT POTTER TO THE
IOWA DEPARTMENT OF ECONOMIC
DEVELOPMENT FOR HOME INVESTMENT
PARTNERSHIP (HOME) PROGRAM FUNDS
Whereas, Scott Potter has successfully
developed and managed two single room
occupancy (SRO) facilities on Garfield Avenue
since 2000; and
Whereas, Mr. Potter has worked in
collaboration with the Housing and Community
Development Department in obtaining State and
local funding for these faciliijes; and
Whereas, a continuing need for single room
occupancy housing remains, as evidenced by
full occupancy and a waiting list at the Davis
Place facilITies developed by Mr. Potter; and
Whereas, Mr. Potter intends to make
application to the Iowa Department of Economic
Development (IDED) for HOME Program funds
to subsidize construction of another Garfield
Avenue facility, for 12 rooming units for low and
moderate income men.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City is supportive of the
applicaijon from Scott Potter for HOME Program
assistance from the Iowa Department of
Economic Development.
Passed, approved and adopted this 1st day of
December, 2003.
Terrance M Duggan, Mayor
Attest: Jeanne F Schneider, CMC, City Clerk
Buol moved adopijon of the Resolution.
Seconded by Markham. Motion carried 7-0.
Dubuque County Board of Supervisors:
Communication from Donna Smith, Chairperson
of the Dubuque County Board of Supervisors, to
Mayor Terry Duggan regarding the Rock Island
Army Corps of Engineers compleijng Section
208 Study of the Couler Valley project by March
2004, presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
Acceptance of Public Improvements in Barton
Randle Addition: City Manager recommending
acceptance of the public improvements that
Grand View United Methodist Church has
completed in Barton Randle Addition, presented
and read. Buol moved that the communicaijon
be received and filed. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 485-03
ACCEPTING IMPROVEMENTS
IN BARTON RANDLE ADDITION
Whereas, pursuant to Resolution No. 348-01,
certain improvements including street paving,
storm sewer, watermain, and street lighting were
installed by the developer of Barton Randle
Addmon.
Whereas, the improvements have been
completed and the City Manager has examined
the work and has filed a certificate staijng that
the same has been completed in accordance
with the plans approved by the City Council and
in conformance with City specifications, and has
recommended that the improvements be
accepted by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE,IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvements in Barton Randle Addition be and
the same Is hereby accepted.
Section 2. That maintenance of said
improvements shall be the responsibility of the
contractor and the owner for a period of two
years from this date.
Passed, approved and adopted this 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resoluijon.
Seconded by Markham. Motion camed 7-0.
Riverwalk Fifth Addiijon - Final Plat: Zoning
Advisory Commission recommending. approval
of the final plat of Rlverwalk Fifth AddITion as
requested by the City of Dubuque, presented
and read. Buol moved that the communication
be received and filed. Seconded by Markham.
Motion camed 7-0.
RESOLUTION NO. 486-03
A RESOLUTION APPROVING THE FINAL
PLAT OF RIVERWALK 5'0 ADDITION IN THE
CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk a final plat of Riverwalk 5th Addition in the
City of Dubuque; and
Whereas, upon said final plat appears a street
to be known as Bell Street (Lot A) together with
certain public utility, maintenance and existing
ftood control easements, which the owners by
said final plat have dedicated to the public
foreve~ and
Whereas, said plat provides 45.26 feet of lot
frontage for Lot D, where 50 feet of lot frontage
is required; and
Whereas, said final plat has been reviewed by
the Zoning Advisory Commission and had their
approval endorsed thereon; and
394
Regular Session, December 1, 2003
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Bell Street
(Lot A) together with easements for public
utilities, maintenance and existing flood control
easements 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
with 45.26 feet of lot frontage when 50 feet of lot
frontage is required.
Section 3. That the final plat of Riverwalk 5th
Addition is hereby approved and the Mayor and
City Clerk are hereby authorized and directed to
endorse the approval of the City of Dubuque,
Iowa, upon said final plat.
Passed, approved and adopted this 1" day of
December 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carned 7-0.
Human Rights Commission - Annual Report:
City Manager submitting the 2003 Annual
Report of the Human Rights Commission,
presented and read. Buol moved that the
communication and report be received and filed.
Seconded by Markham. Motion carried 7-0.
Mary Ransdell vs. City of Dubtlque:
Corporation Counsel recommending approval of
a Settiement Agreement between Mary Ransdell
and the City of Dubuque, presented and read.
Buol moved that the communication be received
and filed and approved recommendation.
Seconded by Markham. Motion carned 7-0.
Residential Parking Permit District: Petition
requesijng the designation of a residential
parking permit district on Rosemont Street from
Pennsylvania Avenue to Creston Street,
presented and read. Buol moved that the
communication be received and filed and
referred to the City Manager. Seconded by
Markham. Motion carried 7-0.
Dubuque Racing Association - CIP Schedule:
City Manager recommending approval of the
Dubuque Racing Association's Fiscal Year 2004
Capital Improvement Projects schedule,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 487-03
BEER
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and
Whereas, the premises to be occupied' by
such applicants were inspected and found to
comply with the Ordinances of the City and have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authonzed to cause to be
issued the following named applicants a Beer
Permit.
CLASS "CO BEER PERMIT
Rainbo Oil Company Kwik Stop Food Mart+
(Sunday Sale) 4039 Penns~lvania
Passed, approved and adopted this l' day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion camed 7-0.
RESOLUTION NO. 488-03
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS "B"(HOTEUMOTEL) LIQUOR LICENSE
Plaijnum Holdings LLC Grand Hamor Resort &
Water Park+(Sunday/Outdoor Sale) 350 Bell
CLASS "C" BEER/LIQUOR LICENSE
Design Center, Inc. Julien Inn+
(Sunday Sale) 200 Main
Jo~a Moore Jorja's Restaurant & Lounge+
(Sunday Sale) 890 Iowa
Pepper Sprout, Inc Pepper Sprout, Inc
378 Y. Main
T & M Inc Mario's Italian Restaurant+
(Sunday Sale) 1298 Main
SPECIAL CLASS "C" LIQUOR LICENSE
Mary Loney Bichell Mississippi Mud Bistro+
(Sunday Sale) 373 Bluff
PasSed, approved and adopted this 1st day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
.-
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Regular Session, December 1, 2003
395
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carned 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Mediacom Franchise Extension: City Manager
recommending that a public hearing be set for
December 15, 2003 to consider an additional
short-term extension through June 30, 2004 of
the existing Mediacom cable franchise and side
agreements under the terms currently in effect,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried7-0.
RESOLUTION NO. 489-03
A RESOLUTION OF THE CITY'S INTENT TO
GRANT A SHORT-TERM EXTENSION OF AN
EXISTING CABLE SERVICES FRANCHISE
AND AN EXISTING HUB SITE LEASE TO
MCCIOWA L.L.C.
Whereas, MCClowa, LLC. (Mediacom) is the
current holder of a cable services franchise,
embodied in Ordinance No. 42-81, as modified
by a series of waivers and side agreements, and
acquired from TCI of Iowa, Inc. via a transfer
approved by the Dubuque City Council on June
18,2001; and
Whereas, one of the side agreements is a
lease to Mediacom to build and maintain a
network hub on City-owned property located at
1585 West Third Street in Dubuque; and
Whereas, the terms of the franchise and of the
lease will expire December 31, 2003,and
Whereas, representatives of the City of
Dubuque and of Mediacom have entered into
good faith negotiaijon of terms and conditions
for the renewal of the franchise and the lease.
NOW, THEREFORE, BE iT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to
extend the term of the cable services franchise
and the term of the lease to June 30, 2004
under the same terms and conditions as
currently in effect; and
Section 2.That the City Clerk Is hereby
authonzed and directed to cause notices to be
published of the proposed extension in the
manner prescnbed by law.
Passed, approved and adopted this 1st day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resoluijon and
set this for public hearing on 12/15/03 at a
meeting to commence at 6:30 P.M. in the public
library auditonum and that the City Clerk publish
notice in the manner prescribed by law.
Seconded by Nicholson. Motion camed 7-0.
Tax Increment Revenue Bonds to Support
Vessel Systems, Inc.: City Manager
recommending that a public hearing be set for
December 15, 2003 to consider the issuance of
not to exceed $140,000 in urban renewal tax
increment revenue bonds to support the Vessel
Systems, Inc. project at the Dubuque Industrial
Center West, presented and read. Cline moved
that the communication be received and filed.
Seconded by Nicholson. Motion camed 7-0.
RESOLUTION NO. 490-03
RESOLUTION FIXING DATE FOR A MEETING
ON THE PROPOSITION OF THE ISSUANCE
OF NOT TO EXCEED $140,000 URBAN
RENEWAL TAX INCREMENT REVENUE
BONDS OF DUBUQUE, IOWA, AND
PROVIDING FOR PUBLICATION OF NOTICE
THEREOF
WHEREAS, it is deemed necessary and
advisable that the City of Dubuque, Iowa, should
issue Urban Renewal Tax Increment Revenue
Bonds to the amount of not to exceed $140,000,
as authorized by Section 403.9 of the Code of
Iowa, for the purpose of providing funds to pay
costs of carrying out a project as hereinafier
described; and
WHEREAS, Secijon 403.9 sets forth the
procedural acijon required to be taken before
said Urban Renewal Tax Increment Revenue
Bonds may be issued, and it is therefore
necessary. that the action hereinafter descnbed
be taken and that the Clerk publish a notice of
the proposal and of the ijme and place of the
meeijng at which the Council proposes to take
action thereon and to receive oral and/or written
objections from any resident or property Owner
of said City to such acijon.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council meet in the
Auditonum, Carnegie-Stout Public Library,
Dubuque, Iowa, at 6:30 o'clock P.M., on the 15th
day of December, 2003, for the purpose of
taking acijon on the matter of the issuance of not
to exceed $140,000 Urban Renewal Tax
Increment Revenue Bonds, the proceeds of
which will be used to provide funds to pay costs
of aiding in the planning, undertaking and
carrying out of urban renewal project activities
under the authonty of Chapter 403 of the Code
of Iowa and the Amended and Restated Urban
Renewal Plan for the Dubuque Industrial Center
Economic Development District, including those
costs associated with the funding of an
economic development grant to the Vessel
Systems, Inc. under the terms of a Development
Agreement between the City and said
developer.
Section 2. That the Clerk is hereby directed to
cause at least one publication to be made of a
396
Regular Session, December 1, 2003
notice of said meeting, in a legal newspaper,
þnnted wholly in the English language,
published at least once weekly, and having
general circulation in said City, said publication
to be notless than four clear days nor more than
twenty days before the date of said public
meeting on the issuance of said obligations.
Section 3. The notice of the proposed acijon to
issue said Urban Renewal Tax Increment
Revenue Bonds shall be in substantially the
following form:
NOTICE OF MEETING OF THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA, ON THE
MATTER OF THE PROPOSED ISSUANCE OF
NOT TO EXCEED $140,000 URBAN
RENEWAL TAX INCREMENT REVENUE
BONDS OF SAID CITY, AND THE HEARING
ON THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that the
Council of the City of Dubuque, iowa, will hold a
public heanng on the 15'h day of December,
2003, at 6:30 o'clock P.M., in the Auditonum,
Carnegie-Stout Public Library, Dubuque, Iowa,
at which meeting the Council proposes to take
additional action for the issuance of not to
exceed $140,000 Urban Renewal Tax Increment
Revenue Bonds in order to provide funds to pay
costs of aiding in the planning, undertaking and
carrying out of urban renewal project activities
under the authonty of Chapter 403 of the Code
of Iowa and the Amended and Restated Urban
Renewal Plan for the Dubuque Industrial Center
Economic Development Oistrict, including those
costs associated with the funding of an
economic development grant to the Vessel
Systems, Inc. under the terms of a Development
Agreement between the City and said
developer.
At the above meeijng the Council shall receive
oral or written objections from any resident or
property owner of said City to the above acijon.
After ail objections have been received and
considered, the Council will at this meeting or at
any adjournment thereof, take additional action
for the issuance of said Urban Renewal Tax
Increment Revenue Bonds or will abandon the
proposal to issue said obligations. Said hearing
and appeals therefrom shall be held In
accordance with and governed by the provisions
of Section 403.9 of the Code of Iowa.
This notice is given by order of the Council of
Dubuque, Iowa, as provided by Section 403.9 of
the Code of Iowa. Code Section 403.9 shall
govern this meeting and action taken thereat.
Dated this 1" day of December, 2003.
City Clerk of Dubuque, Iowa
(End of Notice)
Passed, approved and adopted this 1st day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution and
set for public heanng on 12/15/03 at a meeting
to commence at 6:30 P.M. in the Public Library
Auditonum and direct the City Clerk to publish
notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 7-0.
Southfork - Phase IV Connection Fees: City
Manager recommending that a public hearing be
set for January 5, 2004 to consider establishing
the Southfork - Phase IV Sanitary Sewer
Interceptor Connection Fee at $478.86 per acre,
presented and read. Cline moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 491-03
RESOLUTION PROVIDING FOR NOTICE OF
THE DATE, TIME AND PLACE OF A PUBLIC
HEARING ON AN ORDINANCE
ESTABLISHING A CONNECTION FEE FOR
THE SOUTH FORK SANITARY INTERCEPTOR
SEWER PHASE IV
Whereas, the City Council of the City of
Dubuque, Iowa, proposes to establish, by
Ordinance after notice of a public heanng, the
schedule of connection fees for the Southfork
Sanitary Interceptor Sewer Phase IV; and
Whereas, Iowa Code Section 384.38{3)
requires notice and a pùblic hearing on such
Ordinance; and
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCiL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authonzed.
and directed to publish notice of the date, time,
and place of the hearing on said proposed
Ordinance, which heanng shall be on January 5,
2004, at 6:30 p.m., in the Public Library
Auditorium, 360 11th Street, in the City of
Dubuque, Iowa, such publication to be. once
each week for two consecutive weeks in the
manner provided by Section 362.3, the first
publication of which shall not be less than ten
(10) days before the date of the hearing.
Section 2. The noijce shall be in substantially
the following form:
Notice to Property Owners
Notice is given that there is now on file for
public inspection in the office of the City Clerk of
the City of Dubuque, City Hall, Dubuque, Iowa, a
proposed Ordinance establishing the Southfork
Sanitary Interceptor Sewer Phase IV connection
fees.
The City Council will meet at 6:30 p.m. on
January 5, 2004, at the Public Library
Auditorium, 360 West 11th Street, in the City of
Dubuque, Iowa, at which ijme the owners of
property subject to connection fees for the
Southfork Sanitary Interceptor Sewer Phase IV
Project or any other person having an interest in
the matter may appear and be heard for or
---,-,."
Regular Session, December 1, 2003
397
against the establishment of the District, or the
schedule of connection fees. A person subject
to such connecijon fees will be deemed to have
waived all objections unless at the time of
heanng, the person has filed objections with the
City Clerk.
Section 3. Not less than fifteen (15) days
before the heanng, the City Clerk shall also send
a copy of the notice by mail to each property
owner whose property will be served by
connection to said City sewer and be subject to
the connection fees at the address as shown by
the records of the County Auditor.
Passed, approved and adopted this 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution and
set public heanng date for 1/5/04 at a meeting to
commence at 6:30 P.M. In the public library
auditorium and that the City Clerk publish notice
in the manner prescribed by law. Seconded by
Nicholson. Motion carned 7-0.
Madison Street Sanitary Sewer Project: City
Manager recommending Inmation of the bidding
process for the Madison Street Sanitary Sewer
Project and that a public hearing be set for
January 19, 2004, presented and read. Cline
moved that the communicaijon be received and
filed. Seconded by Nicholson. Moijon carried 7-
O.
RESOLUTION NO. 492-03
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Madison
Street Sanitary Sewer Extension Project in the
estimated amount $114,429.94 are hereby
approved and ordered filed in the office of the
City Clerk for public inspection.
Passed, adopted and approved this 1""day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 493-03
RESOLUTION SETTING A DATE FOR A
PUBLIC HEARING ON THE INTENT TO
COMMENCE A PUBLIC IMPROVEMENT
PROJECT TO EXTEND SANITARY SEWER
ON MADISON STREET
Whereas, the City Council is considenng
commencing a public improvement project to
construct a sanitary sewer system on Madison
Street; and,
Whereas, .in connection WITh the construction
of the sanitary sewer system, it will be
necessary for the City to acquire easements for
the installation, maintenance, and repair of said
sewer; and
Whereas, Iowa Code Chapter 6B requires an
opportunity for public input into the consideration
of whether or not to proceed with the public
improvement project; and
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
A public hearing is set for 6:30 p.m. on the 19th
day of January, 2004, in the Public Library
Auditonum in Dubuque, Iowa on the
consideration of the City Council's intent to
commence a public improvement project to
construct a sanitary sewer system and to
acquire property and easements for the sewer
project.
Passed, adopted and approved this 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resoluijon.
Seconded by Nicholson. Motion camed 7-0.
RESOLUTION NO. 493A-O3
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
and form of contract and placed same on file in
the office of the City Clerk for public inspection
for the Madison Street Sanitary Sewer Extension
Project, and,
Whereas, the proposed Resoluijon of
Necessity for said improvement has been
introduced and is now on file in the City Clerk's
office for public inspecijon.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Hearing will be held on 19'h of
January, 2004, at 3:00 p.m. in the Public Library
Auditonum in the City of Dubuque at which time
the owners of property subject to assessment for
the proposed 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 boundanes of the dist¡ict, the
cost, the assessment against any lot, or the final
adoption 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 hearing to be published in a newspaper
having general circulaijon in the City of
Dubuque, Iowa, which notice shall be published
once each week for two consecuijve weeks, the
first publication of which shall be not less than
ten days prior to the day fixed for its
398
Regular Session, December 1, 2003
consideration. Unless property owners at the
time of the-finai consideration of this proposed
resolution have on file with the City Clerk
objections to the Resolution of Necessity they
shall be deemed to have waived all objecijons
thereto.
Passed, adopted and approved this 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7'0.
RESOLUTION NO. 494-03
RESOLUTION OF NECESSITY
Whereas, proposed plans have been duly
prepared and approved by the City Council of
the City of Dubuque and are now on file in the
office of City 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 filed by the City Council, for the
Madison Street Sanitary Sewer Extension
Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the City Council deems it advisable and
necessary for the public welfare to make the
herein mentioned improvements, and unless
property owners at the time of the final
consideration of this proposed resolution have
on file with the City Clerk objections to the
Resolùtion of Necessity, they shall be deemed
to have waived all objections pertaining to the
regularity of the proceeding and the legaiity of
using the special assessment procedure.
Said improvements shall be constructed and
done in accordance with the plans and
specifications which have been approved by the
City Council and now on file with the City Cierk.
That the cost and expense of making such
improvement will be assessed partially 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 portion of the cost which shall be borne by
the City will be paid from the Sanitary Sewer
Construction Fund, and special assessment
bonds may be issued In anticipation of deferred
payments of assessments when a contract has
been performed and accepted, and the
proceeds thereof used to pay the contractor.
The above resolution was introduced,
approved and ordered placed on file with the
City Clerk 1" day of Decamber, 2003.
Approved and placed on file for finai action.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
,,"""""""'",--- . ....--~---
Cline mov€!d adoption of the Resolution.
Seconded by Nichoison. Motion. carried 7-0.
RESOLUTION NO. 495-03
FIXING DATE OF HEARING
ON RESOLUTION OF NECESSITY
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 office of the City Clerk for public inspection
for the Madison Street Sanitary Sewer Extension
Project, and,
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 inspection.
NOW THEREFORE, BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 19'h of January, 2004, a public
hearing will be held at 3:00 p.m. in the Public
Library Auditonum in the City of Dubuque at
which time the owners of property subject to
assessment for the proposed 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
lot, or the final adoption of a Resolution of
Necessity and the City Clerk be and is hereby
authonzed and directed to cause a notice of time
and place of such heanng to be published in a
newspaper having general circulation in the City
of Dubuque, Iowa, which noijce shall be
published once each week for two consecutive
weeks, .the first publication of which shall be not
less than ten days prior to the day fixed for its
consideration. Unless property owners at the
time of the final consideration of this proposed
resolution have on file with the City Clerk
objections to the Resolution of Necessity they
shall be deemed to have waived all objections
thereto.
Passed, adopted and approved this 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 496-03
RESOLUTION APPROVING PRELIMINARY
SCHEDULE OF ASSESSMENTS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached one sheet, inclusive, is
hereby determined to be the schedule of
proposed assessments for the Madison Street
Sanitary Sewer Extension Project and the
valuations set out herein are hereby approved.
. ,------
Regular Session, December 1, 2003
399
Passed, approved and adopted this 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
The foregoing Resolution was finally passed
and adopted as proposed by the City Council
this 1" day of December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adopijon of the Resoluijon.
Seconded by Nicholson. Motion camed 7-0.
RESOLUTION NO. 497-03
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Madison Street Sanitary Sewer
Extension Project is hereby ordered to be
advertised for bids for construcijon.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the Notice to Bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having generai circulation in the
City of Dubuque, Iowa, which noijce shall not be
less than four days nor more than forty-five days
pnor to the receipt of said bids at 2:00 p.m. on
the 18th of December 2003. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 19th of January, 2004.
Passed, adopted and approved this 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adopoon of the Resoluijon.
Seconded by Nicholson. Motion carned 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
regarding their desire to serve on the following
Boards/Commissions:
Human Rights CommissiQn (Three 3-Year
Terms to Expire 1/1/07 - Terms of Drummer,
Giesen and Jackson): Applicants: Sarah A.
Davidson, Patncia Foster, Judith Haley Giesen,
Evelyn E. Jackson, Robert Nesler, Marty
O'Shea. Sarah Davidson, Judith Giesen,
Evelyn Jackson, and Robert Nesler spoke
requesijng consideration for appointment.
Appointments to the following Boards /
Commissions:
Environmental Stewardship Advisory
Commission (One 3-Year Term to Expire
10/1/05): Applicant: Wayne Klostermann.
Connors m9ved that Wayne Klostermann be
appointed to the Environmental Stewardship
Advisory Commission for an unexpired term to
expire 10/1/05. SeconeJed by Nicholson. Motion
carned 7-0.
Housing Commission (One 3-Year Term to
Expire 8/17/04): Applicant: Dorothy
Schwendinger, OSF. Connors moved that
Dorothy Schwendinger, OSF, be appointed to an
unexpired term to expire 8/17/04. Seconded by
Nicholson. Motion carried 7-0.
PUBLIC HEARINGS
Michalski moved that to suspend the ruies ~to
allow anyone present to speak. Seconded by
Connors. Motion carned 7-0.
St. Celia Street ~ Request to Vacate: Proof of
publication on notice of heanng to consider a
request from Damian F. Arensdorf for the
vacating and disposal of a portion of the alley
north of Hillcrest Road and west of St. Celia
Street behind his residence at 2117 St. Celia
Street and City Manager recommending
approval, presented and read. Cline moved that
the proof and communication be received and
filed. Seconded by Nicholson. Motion carried
7-0.
RESOLUTION NO. 498-03
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT 1A OF BLOCK 1 IN
SUNSET PARK SUB-DIVISION NO.3 IN THE
CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque,
Iowa on this 21st day of November, 2003, the
City Council of the City of Dubuque, Iowa met on
the 1st day of December, 2003, at 6:30 p.m. in
the Public Library Auditorium, 360 West 11
Street, Dubuque, Dubuque County, Iowa to
consider the proposal for the sale of real estate
described as:
Lot 1A of Block 1 in Sunset Park Subdivision No.
3 in the City of Dubuque, Dubuque County, Iowa
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and ali 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:
Secijon 1. That the sale of City of Dubuque
real property descnbed as Lot 1A of Block 1 in
Sunset Park Subdivision No.3 in the City of
Dubuque, Dubuque County, Iowa, to Damian F.
Arensdorf be and the same is hereby approved
for the sum of $1.00, plus cost of surveying,
400
Regular Session, December 1, 2003
platting, and publication and filing fees.
Conveyance shall be by Quit Claim Deed.
Section 2. The City of Dubuque reserves unto
itself a perpetual easement including the right of
ingress and egress thereto, for the purpose of
erecijng, installing, constructing, reconstructing,
repainng, owning, operating, and maintaining
water, sewer, drainage, gas, teiephone,
teievision cable, fiber optics, and electric lines as
may be authorized by the City of Dubuque,
Iowa, as shown on the Plat of Survey of Lot 1A
of Block 1 in Sunset Park Subdivision No.3 in
the City of Dubuque, Dubuque County, Iowa.
Section 3. 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
Damian F. Arensdorf upon receipt of the
purchase price In full.
Section 4-. That the City Clerk be and is hereby
authorized and directed to record a certified
copy of this resoluijon in the offices of the City
Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 1st day of
December, 2003.
Terrance M.Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Request to Rezone Property - 468 Lincoln
Avenue (Tabled at November 17, 2003
Meeting): Michalski moved to remove the
following from the table. Seconded by Cline.
Motion carried 7-0.
City Manager recommending that the possible
building permit moratonumon the Bee Branch
Creek Restoration Alignment Study area be
referred to the Bee Branch Citizen Advisory
Committee; Proof of publication on notice of
heanng to consider rezoning property located at
468 Lincoln Avenue from R-2A Alternate Two-
Family Residential Distnct to CS Commercial
Service and Wholesale District at the request of
Jay WlngerlWinger Construction, LLC and
Zoning Advisory Commission recommending
approval, with conditions; City Manager
submitting photographs of the Winger
Construction site previously located in the Port
of Dubuque, presented and read. Buol moved
to receive and file the communications.
Seconded by Connors. Motion carned 7-0.
Jay Winger, 2175 Washington, spoke in
support of the proposed rezoning.
An Ordinance amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at 468 Lincoln
Avenue from R-2A Alternate Two-Family
Residential Distnct to CS Commercial Service
and Wholesale District, presented and read.
OFFICIAL P.UBLICATION
ORDINANCE NO. 92-03
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT 468 LINCOLN
AVENUE FROM R.2A ALTERNATE TWO-
FAMILY RESIDENTIAL DISTRICT TO CS
COMMERCIAL SERVICE AND WHOLESALE
DISTRICT, WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1.That Appendix A (The Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
the herelnafter-descnbed property from R-2A
Alternate Two-Family Residential District to CS
Commercial Service and Wholesale District, to
wit:
Lot 1 Burton W. Boyes Place No.2, L2-1-1-10
Kniest's Subdivision and Lot 4-9 and Lot 1-1-5-9
Kniest's Subdivision, and to the cente~ine of the
adjoining public nght-of-way, all in the City of
Dubuque, Iowa.
Section 2. The foregoing amendment has
heretòfore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This Ordinance shall take effect
immediately upon publicaijon, as provided by
law.
Passed, approved and adopted this 1st day of
December 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5
(2001), and as an express condition of rezoning
of the property descnbed as:
Lot 1 Burton W. Boyes Place No.2, L2-1-1-10
Kniest's Subdivision and Lot 4-9 and Lot 1-1-5-9
Kniest's Subdivision, and to the center line of the
adjoining public right-of-way, all in the City of
Dubuque, Iowa.
which is the subject of Ordinance No. 92-03, a
copy of which is attached hereto and
incorporated herein by reference, the
undersigned property owners, agree to the
following conditions, all of which the property
owner further agrees are reasonable and are
imposed to satisfy public needs which are
caused directly by the rezoning:
A) Condmons: The following conditions shall
apply to the subject property:
1) That the perimeter of the property shall be
screened with arborvitae in addition to the chain
link fence.
B) Reclassification of the Subiect Prooertv. The
City of Dubuque, Iowa may initiate zoning
reciassification proceedings to the R-2A
- ~ .
~
Regular Session, December 1, 2003
401
Altemaijve Two-Family Residential District
(which rezoning will include the removal of the
performance standards in Section A above) IT
the property owner fails to complete any of the
conditions or provisions of this Agreement.
C) Modifications. Any modifications of this
Agreement shall be considered a zoning
reclassificaijon and shall be subject to the
provisions of the Zoning Ordinance governing
zoning reclassifications. All such modifications
must be approved by the City Council of
Dubuque, Iowa.
D) Recordina. A copy of this Agreement shall
be recorded with the Dubuque County Recorder
as a permanent record of the conditions
accepted as part of this rezoning approval within
ten (10) days of the adoption of Ordinance No.
17-03.
E) Construction. This Agreement shall be
construed and interpreted as though it were part
of Appendix A of the Code of Ordinances of the
City of Dubuque, also known as the Zoning
Ordinance of the City of Dubuque, Iowa.
F) This Agreement shall be binding upon the
undersigned and his/her heirs, successor and
assignees.
ACCEPTANCE OF ORDINANCE NO. 92-03
I, Jay Winger, property owner, having read the
terms and conditions of the foregoing Ordinance
No. 92-03 and being familiar with the conditions
thereof, hereby accept this same and agree to
the conditions required therein.
Dated in Dubuque, Iowa this 10'h day of
November 2003.
/s/ Jay Winger
Published officially in the Telegraph Herald
newspaper this 8th day of December, 2003.
Jeanne F. Schneider, City Clerk
1t 12/8
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings pnor to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance
with the condiijon that any building permit be
brought to the City Council for consideration.
Seconded by Connors. Motion carned 7-0.
Voluntary Annexation: Proof of publication on
notice of heanng to consider the voluntary
annexation of approximately 703 acres of
property along Seippel Road and Middle Road;
City Manager requesting that due to additional
State notificaijon requirements this public
heanng be tabled to January 5 or 19, 2004;
Communicaijon from Douglas and Dianne
Fritsch, 14238 Middle Road, regarding the
proposed annexation, presented and read.
Nicholson moved that the proof and
communication be received and filed and tabled
the Public Hearing to the January 5, 2004
Council Meeting.
Motion carned 7-0.
Seconded by Markham.
Ice Harbor Pump Auxiliary Power Project:
Proofs of publication on noijce of heanng -on
plans and specifications and notice to bidders on
the receipt of bids, and City Manager
recommending award of the contract for the 'Ice
Harbor Pump Auxiliary Power Project to Portzen
Construction, presented and read. Cline moved
that the proofs and communication be received
and filed. Seconded by Nicholson. Moijon
carried 7-0.
RESOLUTION NO. 499-03
RESOLUTION ADOPTING
PLANS AND SPECIFICAITONS
Whereas, on the 20" day of October, 2003,
plans, specifications,. form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Ice Harbor Pump
Auxiliary Power Project.
Whereas, notice of heanng 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 esijmated cost for said
improvements for said project.
Passed, adopted and approved this 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 500-03
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Ice Harbor
Pump Auxiliary Power Project pursuant to pnor
resolution and notice to bidders published in a
newspaper published in the City of Dubuque,
Iowa on the 24'h day of October 2003.
Whereas, said sealed proposals were opened
and read on the 12" day of November, 2003 and
it has been determined that the bid of Portzen
Construction of Dubuque, Iowa in the amount of
$69,395.00 was the lowest bid for providing all
labor and matenals 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 and the City
Manager be and is hereby directed to execute a
402
Regular Session, December 1, 2003
contract on behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authonzed and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Hentage Trail Extension Project from the
Heron Pond Wetlands to the Dubuque Jaycees
Trail: Proofs of publication on notice of hearing
on plans and specifications and notice to bidders
on the receipt of bids, and City Manager
recommending award of the contract for the
Heritage Trail Extension Project from the Heron
Pond Wetlands to the Dubuque Jaycees Trail to
Tschiggfne Excavating, Inc., presented and
read. Cline moved that the proofs and
communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 501-03
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 29'h day of October, 2003,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Hentage Trail Extension
Project from the Heron Pond Wetlands to the
Dubuque Jaycees Trail.
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 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carned 7-0.
RESOLUTION NO. 502-03
AWARDING CONTRACT
Whereas, sealed proposais have been
submitted by contractors for the Hentage Trail
Extension Project from the Heron Pond
Wetlands to the Dubuque Jaycees Trail
pursuant to Resolution No. 443-03 and notice to
bidders published in a newspaper published in
the CITY of Dubuque,_lowa on the 7th day of
November, 2003.
Whereas, said sealed proposals were opened
and read on the 18'h day of November, 2003,
and It has been determined that the bid of
Tschiggfrie Excavating CO. of Dubuque, Iowa, in
the amount of $317,368.51 was the lowest bid
for the furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Tschiggfrie Excavating Co.,
subject to the concurrence by the Iowa
Department of Transportation, and the Manager
be and is hereby directed to execute a contract
on behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authonzed and instructed to Jetum
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Buol moved to reinstate the rules limiting
discussion to the Council. Seconded by
Michalski. Motion carried 7-0.
ACTION ITEMS
Dubuque Racing Associaijon: Communication
from the Dubuque Racing Associaijon
requesting appointments to the DRA Board of
Directors (currently Council Members Roy Buol
and John Markham, Mayor Terry Duggan and
City Manager Michael Van Milligen), presented
and read. Connors moved to receive and file
the communications and reappoint the same
members. Seconded by Michalski. Motion
carried 7-0. '
Development Agreement for Eagle Valley
Subdivision: City Manager recommending
approval of an agreement with Fondell
Excavating, Inc. for development of affordable
single-family housing in the Eagle Valley
Subdivision, presented and read. Cline moved
that the communication be received and filed
and approved recommendation. Seconded by
Nichoison. Motion carried 7-0.
Housing Trust Fund Ordinance Amendment:
City Manager recommending approval of an
amendment to the Code of Ordinances to
---
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Regular Session, December 1, 2003
403
authortze the Housing Trust Fund Committee to
direct use of funds received from the Iowa
Finance Authortty's Local Housing Trust Fund
and Project-Based Housing Programs,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Cline. Motion carned 7-0.
An Ordinance Amending the City of Dubuque
Code of Ordinances Chapter 26 Housing
Regulations, Article 111 Housing Trust Fund by
adopijng a new Seæon 26-37 granting authortty
to the Housing Trust Fund Advisory Committee
to make application to the Iowa Finance
Authortty for funds from the local Housing Trust
Fund Program and the Project-Based Housing
Program and to direct how such funds shall be
used, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 93-03
AMENDING THE CITY OF DUBUQUE CODE
OF ORDINANCES CHAPTER 26 HOUSING
REGULATIONS, ARTICLE III HOUSING
TRUST FUND BY ADOPTING A NEW
SECTION 26-37 GRANTING AUTHORITY TO
THE HOUSING TRUST FUND ADVISORY
COMMITTEE TO MAKE APPLICATION TO
THE IOWA FINANCE AUTHORITY FOR
FUNDS FROM THE LOCAL HOUSING TRUST
FUND PROGRAM AND THE PROJECT-
BASED HOUSING PROGRAM AND TO
DIRECT HOW SUCH FUNDS SHALL BE
USED
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
'Secijon 1. City of Dubuque Code of
Ordinances Ch. 26 Housing Regulations, Article
III Housing Trust Fund is amended by adding
thereto a new Section 26-37 as follows:
Sec. 26-37. Iowa Finance Authortty State
Housing Trust Fund Programs.
(a) For purposes of the Iowa Finance Authority
State Housing Trust Fund, the Housing Trust
Fund Advisory Committee shall have the
authonty to make application to the Iowa
Finance Authortty for funds from the Local
Housing Trust Fund Program and the Project-
Based Housing Program and to direct, without
further approval of any city officer or the city
council, how such funds shan be used in
accordance with the Iowa Finance Authortty
Trust Fund Allocation Plan.
(b) Funds received by the city from the Iowa
Finance Authonty State Housing Trust Fund
shall be maintained by the city in a separate
account and subject to the direction of the
Housing Trust Fund Advisory Committee.
(c) For purposes of providing required local
matching funds for applications to the Iowa
Finance Authonty State Housing Trust Fund, the
Housing Tr~st Fund Advisory Committee shall
have the final authority to direct how such funds
shall be used in accordance with the iowa
Finance Authonty Tru.st Fund Allocation Plan.
Allocation of local matching funds to the Housing
Trust Fund Advisory Committee shall be made
by decision of the City Council.
Section 2. This ordinance shall take effect
upon publication.
Passed, approved and adopted this 1st day of
December, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 8th day of December, 2003.
Jeanne F. Schneider, City Clerk
11 12/08
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Cline. Motion carried 7-0.
U.S. 20 Speed Limits: City Manager
recommending approval of an ordinance to
change the speed limit on a portion of Dodge
Street (U.S. 20) from 50 miles per hour to 55
miles per hour to conform to the current legal
speed limits established by the Iowa Department
of Transportation, presented and read. Buol
moved that the communication be received and
filed. Seconded by Connors. Motion carried 7-
O.
An Ordinance Amending the Code of
Ordinances of the City of Dubuque, iowa by
revising Subsection (c) of Section 32-231
thereof providing for the establishment of speed
limits on Dodge Street (U.S. Highway 20),
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 94-03
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, BY REVISING SUBSECTION (C) OF
SECTION 32-231 THEREOF PROVIDING FOR
THE ESTABLISHMENT OF SPEED LIMITS ON
DODGE STREET (U.S. HIGHWAY 20)
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the
City of Dubuque, Iowa, be amending by deleting
Dodge Street from Subsection (c) of Section 32-
231 thereof as follows:
"Sec. 32-231. Limits Generallv.
(c)
FIFTY (50) MILES PER HOUR
404
Regular Session, December 1, 2003
Dodge Street (U.S. Highway 20), from a point
five hundred feet (500') east of Crescent Ridge
Road to the westerly City Limits.
Section 2. That the Code of Ordinances of the
City of Dubuque, be amended by adding Dodge
Street to Subsection (c) of Section 23-231
thereof as follows:
"Sec. 32-231. Limits Generallv.
(c)
FIFTY (50) MILES PER HOUR
Dodge Street (U.S. Highway 20), from a point
five hundred (500) feet east of Crescent Ridge
Road to a point one thousand sixty (1,060) feet
west of Old Highway Road.
FIFTY-FIVE (55) MILES PER HOUR
Dodge Street (U.S. Highway 20), from a point
one thousand sixty (1,060) feet west of Old
Highway Road to the westerly City limits.
Passed. approved and adopted this 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
newspaper this 8th day of December, 2003.
Jeanne F. Schneider, City Cierk
11 12108
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Connors. Motion carried 7-0.
Installation of Stop Signs: City Manager
recommending approvai of the installation of
stop signs for east-bound and west-bound traffic
on Edina Street at Glen Oak Street, presented
and read. Buoi moved that the communication
be received and filed. Seconded by Cline.
Motion carried 7-0.
An Ordinance No. 95-03 Amending the Code
of Ordinances of the City of Dubuque, Iowa, by
modifying Subsection (b) of Section 32-214
thereof providing for the addition of stop signs
on Edina Street at Glen Oak Street, presented
and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 95-03
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, BY MODIFYING SUBSECTION (b) OF
SECTION 32-214 THEREOF PROVIDING FOR
THE ADDITION OF STOP SIGNS ON EDINA
STREET AT GLEN OAK STREET
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the c.odeof Ordinances of the
City of Dubuque, iowa, by amending by adding
Edina Street to Subsecijon (b) of Section 32-214
thereof as follows:
"Sec. 32-214. Stoo Intersecijons.
(b)
Eastbound and Westbound
Edina Street and Glen Oak Street
Passed, approved and adopted this 1" day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
newspaper this 81h day of December, 2003.
Jeanne F. Schneider, City Clerk
11 1218
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Cline. Motion carried 7-0.
Noon Optimists - Flag Project: City Manager
recommending approval of a request from the
Noon Optimist Club of Dubuque to impiement an
"Avenue of Flags" project and fundraiser,
presented and read. Cline moved that the
communication be received and filed and
approved recommendation. Seconded by
Connors. Motion carned 7-0.
Tax Increment Financing Annual Report: City
Manager submitting the annuai Tax Increment
Financing (TIF) Report, presented and read.
Cline moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
Fiscal Year 2005 Policy Guidelines: City
Manager recommending approval of the Fiscal
Year 2005 Policy Guidelines, presented and
read. Cline moved that the communication be
received and filed and approved
recommendation with stated concerns as to the
change in distnbution of the DRA funds.
Seconded by Connors. Motion carned 7-0.
There being no further business, Buol moved
to adjourn. Seconded by Markham. Motion
carried 7-0. The meeting adjourned at 8:25 P.M.
Jeanne F. Schneider, CMC
City Clerk
1t 12110
_.
Regular Session, December 1, 2003
405
2004
2004
~ £2J
ity CI~ f /5?" ~
406
Regular Session, Decembèr 15, 2003
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, December 15,
2003
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
Nicholson, Assistant City Manager Steinhauser;
Corporation Counsel Lindahl.
Mayor Duggan read the call and stated this is
a regular session of the City Council called for
the purpose of discussing such matters which
may properly come before the City Council.
Invocation was given by Reverend DeWayne
Teig, Director of Admissions at Wartburg
Theological Seminary.
CONSENT ITEMS
Minutes and Reports Submitted: Airport
Commission of 10/27: City Council of 12/1;
Downtown Pianning Committee of 12/1; Housing
Commission of 11/3; Housing Commission Trust
Fund Committee of 12/4; Human Rights
Commission of 11/10; Long Range Planning
Commission of 11/19; Mechanical Board of
11/25; Park and Recreation Commission of 12/9;
Transit Board of 11/13; Zoning Advisory
Commission of 12/3; Zoning Board of
Adjustment of 11120, presented and read.
Buol moved that the minutes be received and
filed. Seconded by Markham. Motion carried 7-
O.
Proofs of publication of City Council
Proceedings of 11/10,11112 and 11/17 and List
of Claims and Summary of Revenues fgr Month
Ending October 31, 2003, presented and read.
Buoi moved that the proofs be received and
filed. Seconded by Markham. Motion camed 7-
O.
Finance Director submitting the Financial
Reports for the month ending November 30,
2003, presented and read. Buol moved that the
communication and reports be received and
filed. Seconded by Markham. Motion carned 7-
O.
Notice of Claims/Suits: Mary Metz for vehicle
damage, presented and read. Buol moved that
the claim be referred to the Legal Staff for
investigation and report. Seconded by
Markham. Motion carried 7-0.
,-",,~,v_,
Corporation Counsel advising that the
following claim has been referred to Public Entity
Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool: Mary Metz for
vehicle damage, pre$ented and read. Buol
moved that the communication be received and
filed and concurred. Seconded by Markham.
Motion carried 7-0.
Corporation Counsel recommending denial of
the claim of Delbert Keuter for vehicle damage,
presented and read. Buol moved that the
communication be received and filed and
concurred with the recommendation. Seconded
by Markham. Motion carned 7-0.
Human Rights Commission: Communication
from Charies Ryan notifying the City Council of
his resignation from the Human Rights
Commission, presented and read. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion carried 7-0.
Greater Dubuque Development Corporation:
Communication from Rick Dickinson, Executive
Director of the Greater Dubuque Development
Corporation, in opposition to the proposed
Warehouse Demolition District, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Moijon carried 7-0.
Civil Service Commission: Civil Service
Commission submitting the certified lists for the
positions of Truck Driver and Equipment
Operator I, presented and read.
December 4, 2003
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the 2003
Code of Iowa, an examination for the position of
Equipment Operator I was given on November
13,2003. We hereby certify that the individuals
listed below have passed this wrttten
examination and the' vacancy for this position
should be made from this list and that this list is
good for two (2) years from above date.
EQUiPMENT OPERATOR I
Robert DeHeck
Robert Barry
Jeff Simons
Bnan Odefey
Randall Ludowitz
Garry Clauer
Chad Berendes
Daniel Decker
Respectfully submitted,
/s/ Merle Duehr, Chairperson
/s/ Loras Kluesner
/s/ Richard Wertzberger
Civil Service Commission
...,
..... ,
Regular Session, December 15, 2003
407
Buol moved that the Civil Service certification
be received and filed and made a matter of
record. Seconded by Markham. Motion camed
7-0.
December4,2003
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the 2003
Code of Iowa, an examination for the posiijon of
Truck Driver was given on November 5, 2003.
We hereby certify that the individuals listed on
the attached sheet have passed this wrttten
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.
TRUCK DRIVER
Becker, Joseph Culbertson, Mark
Heller, Dean Mueller, Dale
Waller, Daniel Lukan, Michael
Clauer, Garry Newton, Steve
Mueller, Donald Bush, Doran
Czipar, Steven Dnscoll, Steve
Neuhaus, Paul Ben, Jerome
Merkes, Michael Weis, Kurt
Boge, Robert Kramer, Joel
Lochner, Bnan Welty, James
Wulfekuhle, Michael Hayes, Larry
Launspach, Richard Oberbroeckling, Chris
Yen, Charlene Fuerstenberg, David
Lehman, David Unsen, Thomas
Decker, Loras Dolan, Terry
Lester, Christopher Lindecker, James
Steil, Darren Boge, Joseph
Kemp, Robert, Massey, Mark
Schreyer, Chns Rodamaker, Stanley
Uhlrich, Greg Viertel, Marc
Respectfully submitted,
/s/ Me~e Duehr, Chairperson
/s/ Loras Kluesner
/s/ Richard Wertzberger
Civil Service Commission
Buol moved that the Civil Service certificaijon
be received and filed and made a matter of
record. Seconded by Markham. Motion carried
7-0.
Quality Place - Final Plat: Zoning Advisory
Commission recommending approval of the final
plat of Lots 1 through 6 of Quality Place located
in the 2700 block of Shiras Avenue as requested
by Ted and Carole Soppe, presented and read.
Buol moved that the communication be received
and filed. Seconded by Markham. Motion carried
7-0.
RESOLUTION NO. 503-03
RESOLUTION APPROVING THE FINAL PLAT
OF LOTS 1 THRU 6 QUALITY PLACE NO.3 IN
THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a Fiñal Plat of Lots 1 thru 6 of Quality
Place No.3 in the City of Dubuque, Iowa; and
Whereas, said Final Plat has been reviewed
by the Zoning Advisory Commission and had
their approval endorsed thereon; and
Whereas, said Final Plat has been examined
by the City Council and they find that it conforms
to the statues and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Final Plat of Lots 1 thru 6
of Quality Place No.3 is hereby approved and
the Mayor and City Clerk are hereby authorized
and directed to endorse the approval of the City
of Dubuque, Iowa upon said Final Plat.
Passed, approved and adopted this 15th day of
December 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adopijon of the Resolution.
Seconded by Markham. Moijon carried 7-0.
Ricann Farms, Inc. No.4 - Final Plat: Zoning
Advisory Commission recommending approvai
of the final plat of Ricann Farms, Inc. No.4 on
Olde Massey Road (next to 7326 Olde Massey
Road) in Dubuque County as requested by
Richard LeConte/Ricann Farm~, Inc., presented
and read. Buol moved that the communicaijon
be received ¡o¡nd filed. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 504-03
RESOLUTION APPROVING THE FINAL PLAT
OF RICANN FARMS, INC. NO.4 IN DUBUQUE
COUNTY, IOWA
Whereas, there has been filed with the City
Clerk a Final Plat of Ricann Farms, Inc. No.4 in
Dubuque County, Iowa; and
Whereas, said plat has been examined by the
Zoning Advisory Commission and its approval
endorsed there; and
Whereas, said survey plat has been examined
by the City Council and they find that it conforms
to the statutes and ordinances relaijng thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of the
Subdivision Regulations is waived to allow Lot 1
to have 0 feet of frontage, where 50 feet of lot
frontage is required.
Secijon 2. That the Final Plat of Ricann
Farms, Inc. No.4 is hereby approved and the
Mayor and City Clerk are hereby authorized and
directed to endorse the approval of the City of
Dubuque, Iowa upon said subdivision plat.
Section 3. Thatthe City Council hereby waives
Article IV, Design and Improvement Standards
408
Regular Session, December 15,2003
of the Subdivision Regulations, except Secijon
42-19, Lots and Blocks.
Passed, approved and adopted this 15th day of
December 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buoi moved adoption of the Resolution.
Seconded by Markham. Motion carned 7-0.
Four Oaks Community Partnership (cp2) Grant
- Subcontract: City Manager recommending
approval of a subcontract with Four Mounds
Foundation for the Four Oaks Housing
Education and Rehabilitation Training (HEART)
Program Community Partnership (cp2) Grant,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
RESOLUTION NO. 505-03
RESOLUTION AUTHORIZING FOUR OAKS
INC TO SUBCONTRACT WITH THE FOUR
MOUNDS FOUNDATION FOR THE HOUSING
EDUCATION AND REHABILITATION
PROGRAM (HEART) COMMUNITY PARTNER-
SHIP P-ROGRAM (cp2) GRANT
Whereas, under the provisions of Title I of the
Housing and Community Development Act of
1974, as amended, the City of Dubuque has
received Community Development Block Grant
(CDBG) funds; and
Whereas, A Community Partnership (cp2)
grant was awarded to Four Oaks, Inc. in the
amount of $36,000 by the City of Dubuque on
May 192003 by Resolution 181-2003; and
Whereas, Four Oaks, Inc. has selected to
enter into a subcontract with the Four Mounds
Foundation after a fair and open competition for
the direct delivery of carpentry trades training
services under the cp2 grant;
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council hereby
concurs with Four Oaks Inc in awarding a
subcontract with Four Mounds Foundation for
delivery of services for the Housing Education
and Rehabilitatipn Program (HEART)
Community Partnership (cp2) grant.
Passed, approved and adopted this 15th day of
December, 2003
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resoluijon.
Seconded by Markham. Motion carried 7-0.
Iowa Department of Economic Development:
Communication from the Iowa Department of
Economic Development advising that the
Downtown Master Plan grant has been
extended to June 30, 2004, presented and read.
Buol moved that the communication be received
~-~--~---
and filed. Seconded by Markham.
carned 7-0.
Motion
Baseball Referendum: Communication from
Sister Margaret Ann Willging regarding the
proposed baseball referendum and City
Manager providing a response, presented and
read. Buol moved that the communications be
received and filed. Seconded by Markham.
Motion carned 7-0.
West 16th Street Residential Parking Pèrmlt
Distnct: Communicaijon from John E. Kerrigan,
President of Loras College, in support of the
West 16th Street Residential Parking Permit
District, presented and read. Buol moved that
the communication be received and filed.
Seconded by Markham. Motion carried 7-0.
Two-Hour Parking Along Jackson Street: City
Manager recommending that a request for two
hour parking in front of 1365 - 1367 Jackson
Street be denied, presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-
O.
Delinquent Sewer Charges: City Manager
recommending approval of the submission of
deiinquent sewer accounts to the Dubuque
County Treasurer In order to establish real
property liens for collection of such past due
accounts, presented and read. Buol moved that
the communication be received and filed.
Seconded by Markham. Motion carrted 7-0.
RESOLUTION NO. 506-03
RESOLUTION AUTHORIZING COLLECTION
OF DELINQUENT SEWER ACCOUNTS IN
ACCORDANCE WITH SECTION 44-83 AND
44-86 OF THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
Whereas, Section 44-83 of the Code of
Ordinances authorizes the City to levy and
collect just and equitable charges, rates or
rentals upon all lots, parcels or real estate and
buildings that are connected directly or indirectly
with the sanitary sewer system; and
Whereas, Section 44-86 of the Code of
Ordinances provides that the City shall have a
lien upon the real property served by the
sanitary sewer system for all delinquent rates
and charges: and
Whereas, delinquent sewer charges shall be
certified as December 31'1 of each year by the
City Cierk to the Dubuque County Treasurer for
collection with, and in the same manner as,
general property taxes.
NOW THEREFORE, BE,iT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
...-
Regular Session, December 15, 2003
409
Section 1. That the persons hereinafter
named, owning the following descnbed property,
have unpaid sewer charges in the amount set
out and that said charges are delinquent.
NAME AND ADDRESS
PROPERTY DESCRIPTION
Michael J. Schetgen
10-12-181-001
North Dub Add
J Foht
10-12-358-007
Leaf Add #2
Ricky J Hurst
10-12-177-005 3975 Inwood Av
Lot 39 & 40 O'Neilis North Dub Add $141.67
Gary Bernhard 1100 Roosevelt St
10-12-201-003 Lot 4 Wersinger Sub
$312.63
333 Olympic Hgts Rd
Lot 9 Blk 1 Olympic Hgts
$418.80
James Gassman 3483 Crescent Ridge
10-28-477-011 Lot 2-1-1-1-1-1-1 MIN LOT 232
$198.23
Section 2. that the City Clerk be ¡md is hereby
ordered and directed to cernfy to the County
Treasurer of Dubuque County, Iowa, that the
persons named herein are delinquent in the
payment of sewer charges in the amounts set
forth above and that said delinquent sewer
charges shall be collected in the same manner
as general property taxes against the respective
parcels of property set opposite the name of the
property owner.
Section 3. That the delinquent sewer charges
shall be collected with, and in the same manner
as, general property taxes as provided by law.
Passed, approved and adopted this 15th day of
December 2003.
AMOUNT
3922 Inwood Ave
Lot 53 & 54 O'Neilis
$310.63
723 Peru Rd
Lot 20 Maple
$298.83
Vincent Ehrlich
10-11-378-003
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Moijon carried 7-0.
Delinquent Garbage and Refuse Collection
Accounts: City Manager recommending
approval of the submission of delinquent
garbage and refuse accounts to the Dubuque
County Treasurer in order to establish real
property liens for collection of such past due
accounts, presented and read. Buol moved that
the communication be received and filed.
Seconded by Markham. Motion camed 7-0.
RESOLUTION NO. 507-03
RESOLUTION AUTHORIZING THE CITY TO
COLLECT DELINQUENT GARBAGE AND
REFUSE COLLECTION ACCOUNTS IN
ACCORDANCE WITH SECTION 40-37 AND
40-38 (d) OF THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
Whereas,. City garbage and refuse collection
from residential premises, as defined in the
Code of Ordinances of the City of Dubuque,
Iowa, is mandatory; and
Whereas, as of December 31", of each year,
delinquent garbage and refuse collection
charges shall be certified by the City Clerk to the
Dubuque County Treasurer for collection with,
and in the same manner as general property
taxes;
NOW, THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
Section I. That the persons named
hereinunder, owning the property thereby set
forth, are delinquent in the payment of refuse
collecijon
NAME AND ADDRESS
PROPERTY DESCRIPTION AMOUNT
Gary Bernhard 1110 Roosevelt St
10-12-201-003 Lot 4 Wersinger Sub
$133.21
743 Louise St
Lots 74 & 75 Maple Leaf Add
$128.62
3922 Inwood Av
Lot 53 & 54 O'Neilis
130.88
723 Peru Rd
Lot 20 Maple Leaf Add #2
$144.74
3975 Inwood Av
Lot 39 & 40 Oneills North Dub
$60.16
1100 Roosevelt St
Lot 4 Wersinger Sub
$131.72
333 Olympic Heights Rd
Lot 9 Blk 1 Olympic Hgt
$202.91
5200 Old Hwy Road
Lot 2-2-SE SW SEC 29
$139.12
James Gassman 3483 Crescent Ridge
10-28-477-011 Lot 2-1-1-1-1-1-1 MIN LOT
232 $91_60
Section 2. That the City Clerk be and is
hereby ordered and directed to certify to the
County Treasurer of Dubuque County, Iowa, that
the persons named hereinbefore are delinquent
in the payment of refuse collection charges in
the amount set aside of the respective names,
and that said amounts shall be collected in; the
same manner as general property taxes against
the respective parcels of property set opposite
the names of the owners.
Passed, approved and adopted this 15th day
of December 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resoluijon.
Seconded by Markham. Moijon carried 7-0.
Mark Krolich
10-12-356-004
#2
Michael J. Schetgen
10-12-181-001
North Dub Add
J Foht
10-12-358-007
Ricky J Hurst
10-12-177-005
Add
Gary Bernhard
10-12-201-003
Vincent Ehrlich
10-11-378-003
Max Rettenberger
10-29-300-007
410
Regular Session, December 15, 2003
Legislative Correspondence: Communication
from Senator Charles E. Grassley regarding the
Internet Tax Nondiscrimination Act, presented
and read. Buol moved that the communication
be received and filed. Seconded by Markham.
Motion carned 7-0.
iowa League of Cities: Communicaijon from
the Iowa League of Cities requesting that City
Manager Michael C. Van Milligen serve on the
League's Policy Committee, presented and
read. Buol moved that the communication be
received and filed and approved request.
Seconded by Markham. Motion carried 7-0.
Code of Ordinances - Supplement No. 59:
City Manager reCOmmending adoption of
Supplement No. 59 to the City of Dubuque Code
of Ordinances, presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-
O.
RESOLUTION NO. 508-03
ADOPTING SUPPLEMENT NO. 59 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
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 supplements to the Code of
Ordinances; and
Whereas, Section 380.8 of the Code of
Ordinances provides that supplements by
resolution, become part 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. 59 of the
Code of Ordinances of the City of Dubuque,
Iowa, covering Ordinances through Ordinance
No. 64-03 enacted through August 4, 2003 and
prepared by the Sterling Codifiers, Inc, Coeur D'
Alene, iD hereto filed in the Office 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 15th day
of December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
-"'-"'~""'""_.
Release of Real Estate Mortgage: Corporation
Counsel recommending release of the real
estate mortgage for Christine E. Lehnen,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
Business License Refund: Brandon Merrick
requesting refund of the cigarette license for
Jumpers Sports Bar and Grill in the amount of
$50.00, presented and read. Buol moved that
the communication be received and filed and
approved refund. Seconded by Markham.
Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 509-03
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City.
NEW
Cue Masters Billiards LLC Cue Masters
Billiards 900 Central Av
Passed, approved and adopted this 151h day
of December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carned 7-0.
RESOLUTION NO. 510-03
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval' and the same have been examined
and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authonzed to cause to be
Issued the following named applicants a Beer
Permit.
CLASS "C" BEER PERMIT
Molo Oil Company Big 10 Mart +
(Sunday Sale) 91h & Central Ave
Passed, approved and adopted this 15th day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion Gamed 7-0.
,-
Regular Session, December 15, 2003
411
RESOLUTION NO. 511-03
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
- THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authonzed to cause to be
issued the following named applicants a Liquor
License.
CLASS "B" LIQUOR LICENSE
WCB Hotels, Inc. Hoffman House Rest./3100
Club+(Sunday/Outdoor Sale) 3100 Dodge St
Kinseth Hotel Corp Holiday inn Dubuque
Five Flags+(Sunday Sale) 450 Main St
CLASS "C" BEER/LIQUOR LICENSE
David Hoffman The White House
450 W Locust St
Instant Replay+
1602 Central Av
The Moracco
1413 Rockdale Rd
Michael's Bar X+
2616 Windsor
Cue Master Billiards+
900 Central Av
Ryan House+
1375 Locust St
Andaluz
253 Main St
Breezers Pub+
600 Central
adopted this day of
Pamela Arensdorf
(Sunday Sale)
The Moracco Inc.
L & MWharf Corp
(Sunday Sale)
Cue Master Billiards
(Sunday Sale)
Dubuque County Histr.
(Sunday Sale)
Bruggeman Corp.
Breezers Pub Company
(Sunday Sale)
Passed, approved and
2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion camed 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Mary Ransdell v. City of Dubuque: City
Manager recommending that a public hearing be
set for January 5, 2004 to consider the vacaijn~
of a portion of a public alley north of West 7
Street pursuant to the Settlement Agreement
with Mary Ransdell, presented and read. Buol
moved that the communication be received and
filed. Seconded by Connors. Motion carned 7-
O.
RESOLUTION NO. 512-03
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED PORTION OF A
PUBLIC ALLEY IN CORIELL'S DUBUQUE
Whereas,.there has been presented to the City
Council of the City of Dubuque, Iowa" a plat
dated the 26th day of November, 2003, prepared
by the City of Dubuque, descnbing the proposed
vacated portion of a public alley in Conell's
Dubuque; 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, IOWA:
Section 1. That the plat dated the 26th day of
November, 2003, prepared by the City of
Dubuque, relative to the real estate hereinabove
descnbed be and the same is hereby approved,
and the Mayor and City Clerk be and they are
hereby authorized and directed to execute said
plat for and on behalf of the City of Dubuque,
Iowa.
Section 2. That the City Clerk be and is hereby
authonzed and directed to file said plat and
certified copy of this resoluijon in the office of
the Recorder in and for Dubuque County, Iowa.
Passed, approved and adopted this 15th day
of December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 513-03
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED' PORTION OF A
PUBLIC ALLEY IN HILL STREET ADDITION
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a plat
dated the 26th day of November, 2003, prepared
by the City of Dubuque, descnbing the proposed
vacated portion of a public alley in Hill Street
Addition; 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, IOWA:
Section 1. That the plat dated the26th day of
November, 2003, prepared by the City of
Dubuque, relative to the real estate hereinabove
descnbed be and the same Is hereby approved,
and the Mayor and City Clerk be and they are
hereby authonzed and directed to execute said
plat for and on behalf of the City of Dubuque,
Iowa.
Secijon 2. That the City Clerk be and is hereby
authonzed and directed to file said plat and
certified copy of this resolution in the office of
the Recorder in and for Dubuque County, Iowa.
Passed, approved and adopted this 15th day
of December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
412
Regular Session, December 15, 2003
Buol moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
An ordinance vacating a portion of public aliey
north of West 7'h Street, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 96-03
ORDINANCE VACATING A PORTION OF A
PUBLIC ALLEY NORTH OF WEST 7TH
STREET
Whereas, Mary H. Ransdell, has requested the
vacatin~ of a portion of a public alley north of
West 7 Street; and
Where.as, the City of Dubuque has prepared
and submitted to the City Council a plat showing
the vacated portion of a public aliey north of
West 7'h Street and assigned iot numbers
thereto, which hereinafter shali be known and
described as Lot 15A in Hili Street Addition, Lot
16A in Hill Street Addition, and Lot 27A in
Corieli's Dubuque in the City of Dubuque,
Dubuque County, iowa: and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that the aliey is
no longer required for public use, and vacating
of said portions of alley known as Lot 15A in Hili
Street Addition, Lot 16A In Hill Street Addition,
and Lot 27A in Coriell's Dubuque, 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 descnbed as
Lot 15A in Hili Street Addition, Lot 16A in Hili
Street Addition, and Lot 27A in Conell's
Dubuque, in the City of Dubuque, Iowa, be and
the same is hereby vacated.
Passed, approved and adopted this 15th day
of December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially In the Telegraph Herald
newspaper this 22"' day of December, 2003.
Jeanne F. Schneider, City Clerk
11 12/22
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finaliy passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Connors. Motion carned 7-0.
RESOLUTION NO. 514-03
RESOLUTION OF INTENT TO DISPOSE OF
CITY INTEREST IN LOT 15A IN HILL STREET
ADDITION AND LOT 27A IN CORIELL'S
DUBUQUE IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
"'"
Whereas, Mary H. Ransdell has requested the
vacatin~ of a portion of a public alley north of
West 7 Street; and
Whereas, the City of Dubuque has prepared
and submitted to the City Council a plat showing
the vacated portion of a public alley north of
West 7'h Street and assigned lot numbers
thereto, which hereinafter shall be known and
described as Lot 15A in Hili Street Addition and
Lot 27A in Coriell's Dubuque in the City of
Dubuque, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this alley is
no longer required for public use, and vacaijng
and sale of said portions of alleys known as Lot
15A in Hill Street Addition and Lot 27A in
Coriell's Dubuque in the City of Dubuque,
Dubuque County, Iowa should be approved.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
Section 1. That the City of Dubuque intends to
dispose of its interest in Lot 15A in Hili Street
Addition and Lot 27A in Coriell's Dubuque in the
City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 15A in
Hill Street Addition and Lot 27A in Coriell's
Dubuque in the City of Dubuque, Iowa to Mary
H. Ransdell be contingent upon the grant of
easement for Hill Street Steps on Lot 16 in Hill
Street Addition.
Section 3. That the City Clerk be and is hereby
authonzed 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 15th day
of December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resoluijon and set
this for Public Hearing on January 5, 2004 at a
meeting to commence at 6:30 P.M. in the public
iibrary auditorium and that the City Clerk publish
notice in the manner prescribed by law.
Seconded by Connors. Motion carried 7-0.
Vacating Petition - Portion of West 32"' Street
at John F. Kennedy Road: City Manager
recommending that a public hearing be set for
January 5, 2004 to consider a request from
Steven and Judy Selchert for the vacating of a
portion of West 32"' Street at John F. Kennedy
Road, presented and read. Buol moved that the
communication be received and filed. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 515-03
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED PORTION OF WEST
32NO STREET AT JOHN F. KENNEDY ROAD
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a plat
~
."'....
.. -"" r ",..'
Regular Session, December 15, 2003
413
dated the 24th day of November, 2003, prepared
by IIW Engineers & Surveyors, P.C. descnbin~
the proposed vacated pornon of West 32'
Street at John F. Kennedy 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, IOWA:
Section 1. That the plat dated the 24th day of
November, 2003, prepared by IIW Engineers &
Surveyors, P.C., relative to the real estate
hereinabove descnbed be and the same is
hereby approved, and the Mayor and City Clerk
be and they are hereby authonzed and directed
to execute said plat for and on behalf of the City
of Dubuque, Iowa.
Section 2. The City of Dubuque reserves unto
itself a perpetual easement including the nght of
ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing,
repainng, owning, operating, and maintaining
watermain as may be authorized by the City of
Dubuque, Iowa, as shown on the Plat of Survey
of Lot 1A of Arbor Estates.
Section 3. That the City Clerk be and is hereby
authonzed and directed to file said plat and
cernfied copy of this resolution in the office of
the Recorder in and for Dubuque County, Iowa.
Passed, approved and adopted this 15th day
of December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Cierk
Buoi moved adoption of the Resolution.
Seconded by Connors. Moijon camed 7-0.
An Ordinance Vacating a portion of West 32"
Street at John F. Kennedy Road, presented and
read.
OFFICIAL PUBLICATION
ORDINANCE NO. 97-03
ORDINANCE VACATING A PORTION OF
WEST 32"0 STREET AT JOHN F. KENNEDY
ROAD
Whereas, Steve and Judy Selchert,
representing SGT Investments, LLC., has
requested the vacating of a portion of West 32"
Street at John F. Kennedy Road; and
Whereas, IIW Engineers & Surveyors, PC has
prepared and submitted to the City Council a
plat showing the vacated portion of West 32"
Street at John F. Kennedy Road and assigned
lot number thereto, which hereinafter shall be
known and descnbed as Lot 1A of Arbor Estates
in the City of Dubuque, Dubuque County, Iowa;
and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this portion
of West 32" Street at John F. Kennedy Road is
no longer required for public use, except for
utility easements as noted, and vacàijng of said
portion of West 32" Street at John F. Kennedy
Road known as Lot 1A of Arbor Estates, in the
City of Dubuque, Dubuque Caunty, Iowa shouid
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 1A of Arbor Estates, in the City of Dubuque,
Iowa, be and the same is hereby vacated.
Secijon 2. The City of Dubuque reserves unto
itself a perpetual easement including the right of
ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing,
repainng, owning, operating, and maintaining
watermain as may be authonzed by the City of
Dubuque, Iowa, as shown on the Plat of Survey
of Lot 1A of Arbor Estates.
Passed, approved and adopted this 15th day
of December, 2003.
Terrance M. Duggan, Mayor
Attest: Je,!nne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
newspaper this 22" day of December, 2003.
Jeanne F. Schneider, City Clerk
1t 12/22
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeijng at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 516-03
RESOLUTION OF INTENT TO DISPOSE OF
CITY INTEREST IN LOT 1A OF ARBOR
ESTATES IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, Steve and Judy Selchert,
representing SGT Investments, LLC., has
requested the vacating of a portion of West 32"
Street at John F. Kennedy Road; and
Whereas, IIW Engineers & Surveyors, P.C.
has prepared and submitted to the City Council
a plat showing the vacated portion of West 32"
Street at John F. Kennedy Road and assigned
lot number thereto, which hereinafter shall be
known and described as Lot 1A of Arbor Estates
in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this portion
of West 32" Street at John F. Kennedy Road is
no longer required for public use, except for
utility easßments as noted, and vacaijng and
sale of said portion of street known as Lot 1A of
Arbor Estates 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:
414
Regular Session, December 15, 2003
Section 1. That the City of Dubuque intends to
dispose of its interest in Lot 1A of Arbor Estates
in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 1A of
Arbor Estates in the City of Dubuque, Iowa to
SGT Investments, L.L.C. be contingent upon the
payment of $3,572.50, plus platting, publicaijon
and filing fees.
Section 3. The City of Dubuque reserves unto
itself a perpetual easement including the right of
ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing,
repairing, owning, operating, and maintaining
watermain as may be authorized by the City of
Dubuque, iowa, as shown on the Piat of Survey
of Lot 1A of Arbor Estates.
Section 4. That the City Clerk be and is hereby
authonzed and directed to cause a notice of
Intent to dispose of said reai estate to be
published in the manner as prescnbed by law.
Passed, approved and adopted this 15th day
of December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Buol moved adoption of the Resolution and set
this for pubiic hearing on 1/5/04 at a meeting to
commence at 6:30 P.M. in the public library
auditorium and that the City Clerk pubiish notice
in the manner prescribed by law. Seconded by
Connors. Motion carried 7-0.
Pre-Disaster Mitigation Plan: City Manager
recommending that a public hearing be set for
January 5,.2004 to consider approval of an
updated Pre-Disaster Mitigation Plan, presented
and read. Buol moved that the communicaijon
be received and filed. Seconded by Connors.
Motion camed 7-0.
RESOLUTION NO. 517-03
RESOLUTION: ESTABLISH A PUBLIC
HEARING TO SOLICIT WRITTEN AND ORAL
COMMENTS ON THE CITY'S PROPOSED
PRE-DISASTER MITIGATION PLAN
Whereas, the Dubuque Pre-Disaster Mitigation
Pian was prepared in compliance with the Pre-
Disaster Mitigation Planning Requirements of
the Pre-Disaster Mitigation Act of 2000 provided
by the Iowa Homeland Security and Emergency
Management Division; and
Whereas, the Dubuque Pre-Disaster Mitigation
Plan identifies the City's potential hazards in the
community; and
Whereas, the Dubuque Pre-Disaster Mitigation
Plan includes a profile of hazard events, a
vulnerability assessment, evaluation of
mitigation goais and a pian maintenance
process; and
Whereas, the Iowa Homeland Secunty and
Emergency Management Division reguiations
require that the City hold a public hearing to
solicit publish comments prior to the approval
,-~
._~..~ "'
and adoption of their Pre-Disaster Mitigation
Plan.
THEREFORE, BE IT RESOLVED BY THE
CiTY COUNCiL OF THE CITY OF DUBUQUE,
IOWA that a public hearing to solicit written and
oral comments on the City's proposed Pre-
Disaster Mitigation Plan will be held on January
5, 2004 at 6:30 P.M. before the Dubuque City
Council in the Carnegie Stout Library
Auditorium, 360 W. 11th Street, Dubuque, Iowa.
Adopted this 15th day of December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. SChneider, City Clerk
Buol moved adoption of the Resolution and set
public hearing for 1/5/04 at a meeting to
commence at 6:30 P.M. in the public library
auditonum and that the City Clerk publish notice
in the manner prescribed by law. Seconded by
Connors. Motion carried 7-0.
Downtown Master Pian: Downtown Planning
Committee recommending that a public hearing
be set for February 2, 2004 to consider adopijon
of the Downtown Master Plan, presented and
read. Buol moved that the communication be
received and filed and set for public hearing on
2/2/04 at a meeting to commence at 6:30 P.M. in
the public library auditorium and that the City
Clerk publish notice in the manner prescribed by
law. Seconded by Connors. Motion carried 7-
O.
BOARDS/COMMISSIONS
Appointments to
Boards/Commissions:
Human Rights Commission (Three 3-Year
Terms to Expire 1/1/07 - Terms of Drummer,
Giesen and Jackson; and One Unexpired 3-Year
Term to 1/1/06); Applicants: Sarah A.
Davidson, Patricia Foster, Judith Haley Giesen,
Evelyn E. Jackson, Robert Nesler, Marty
O'Shea.
Vote on the appointments for the three year
terms to expire 1/1/07 was as follows: Buol
voted for Davidson, Giesen and Jackson. Cline
voted for Davidson. Giesen and Jackson.
Connors voted for Davidson, Giesen and
Jackson. Duggan voted for Davidson, Jackson,
Nesler. Markham voted for Davidson, Giesen
and Jackson. Michalski voted for Davidson,
Giesen and Jackson. Nicholson voted for
Foster, Giesen and Jackson. Therefore, Judith
Haley Giesen and Evelyn E. Jackson were
reappointed and Sarah A. Davidson appointed
to three year terms which will expire 1/1/07.
Vote on the appointment for the unexpired term
which will expire 1/1/06 was as follows: Buol
voted for Foster. Cline voted for Foster.
Connors voted for Foster. Duggan voted for
Foster. Markham voted for Foster. Michalski
voted for Nesler. Nicholson voted for Foster.
the
following
...
--
Regular Session, December 15, 2003
415
Therefore, Patricia Foster was appointed to fill
the unexpired three year term which will expire
1/1/06.
PUBLIC HEARINGS
Buol moved to suspend the rules to allow
anyone present to address the Council if they so
desire. Seconded by Michalski. Motion camed
7-0.
Highway 52 South - Request to Rezone:
Proof of publication on noijce of hearing to
consider rezoning property located southeast of
Highway 52 South and Highways 61/151 from
C-3 General Commercial District to MHI
Modified Heavy Industnal District at the reqyest
of Dan Mueller and Zoning Advisory
Commission recommending approval and
pe@on and letters in opposition to the proposed
rezoning, presented and read. Markham m
oved to receive and file the proof and
communications. Seconded by Connors.
Camed by the following vote: Yeas-Buol,
Connors, Duggan, Markham. Nays-Cline,
Michalski, Nicholson
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
descnbed property located southeast of
Highway 61/151 and Highway 52 intersection
from C-3 General Commercial Distnct to MHI
Modified Heavy Industnal Distnct, with
conditions, presented and read.
Dan Mueller spoke in favor of the proposed
rezoning.
Garry Cavanaugh, Attorney Thad Murray
representing Table Mound Trailer Park, Tim
Stierrnan, Ben Krapf!, Fred Krapf!, Gerda
Preston-Hartman, Renee Williams, Susie
Cavanaugh, Nick Goodmann, ,Hartan Doty,
Manan Williams, Sr. Kathleen O'Neill, Ri,chard
Kaufman, Gary Williams, Dorothy Brimeyer, all
spoke in opposiijon to the proposed rezoning to
allow Apex Concrete Plant.
Dan McDonald of GDDC, Michael Duffy, Jerry
Mootz, Mike Portzen, Chad Their, Phyllis
Sickels, Rick Kemp, Denny Their, Bill Decker,
and Attorney Bnan Kane all spoke in support of
the proposed rezoning.
Dan Mueller responded to various concerns.
Markham moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings pnor to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Connors. Motion failed due to the
following vote - lack of 'Y. vote: Yeas-Buol,
Connors, Duggan, Markham. Nays-Cline,
Michalski, Nicholson. Michalski moved that this
be considered the first reading of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
5255 Pennsylvania Avenue - Request to
Rezone: Proof of publication on noijce of
heanng to consider rezoning property located at
5255 Pennsylvania Avenue from C-3 General
Commercial District to CS Commercial Service
and Wholesale Distnct as requested by Jim
Runde and Zoning Advisory Commission
recommending approval, presented and read.
Buol moved that the proof be received and filed.
Seconded by Connors. Motion carned 7-0.
Jim Runde, 1776 Grace Street and Jeff Foster
of Foster Engineenng, spoke in support of the
proposed rezoning.
Walt McFadden, 5580 Pennsylvania, spoke in
opposition of the proposed rezoning.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at 5255
Pennsylvania Avenue from G-3 General
Commercial District to CS Commercial Service
and Wholesale Distnct, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO, 98-03
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT 5255
PENNSYLVANIA AVENUE FROM C-3
GENERAL COMMERCIAL DISTRICT TO CS
COMMERCIAL SERVICE AND WHOLESALE
DISTRICT, WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning
Ordinance) of the City .of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter-described property from C-3
General Commercial Distnct to CS Commercial
Service and Wholesale Distnct, to wit: .
Lot 2 Northrange Industrial Park, and to the
centerline of the adjoining public right-of-way, all
in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Secijon 3. This Ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 15th day of
December 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 22"d day of December, 2003.
416
Jeanne F. Schneider, City Clerk
Regular Session, December 15, 2003
1t 12/22
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings pnor to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Connors. Motion carned 7-0.
Tri-State Development - Request to Rezone:
Proof of publication, on notice of hearing to
consider rezoning property located at the
southwest comer of Seippel Road and Old
Highway Road from R-2 Two-Family Residential
District to CS Commercial Service and
Wholesale Distnct and CS Commercial Service
and Wholesale District to R-2 Two-Family
Residential District as requested by Tn-State
Development and Zoning Advisory Commission
recommending approval, presented and read.
Buoi moved that the proof and communications
be received and filed. 'Seconded by Connors.
Motion carried 7-0.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of City of Dubuque Code of
Ordinances by reclassifying hereinafter
described property located at the southwest
corner of Seippel Road and Oid Highway Road
from R-2 Two-Famiiy Residential District to CS
Commercial Service and Wholesale District and
CS Commercial Service and Wholesale Distnct
to R-2 Two-Family Residential Distnct,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 99-03
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED NEAR THE
SOUTHWEST CORNER OF SEIPPEL ROAD
AND OLD HIGHWAY ROAD FROM R-2 TWO-
FAMILY RESIDENTIAL DISTRICT TO CS
COMMERCIAL SERVICE AND WHOLESALE
DISTRICT, AND FROM CS COMMERCIAL
SERVICE AND WHOLESALE DISTRICT TO R-
2 TWO-FAMILY RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances Is hereby amended by reciassifying
the hereinafter-described property from R-2
Two-Family Residential Distnct to CS
Commercial Service and Wholesale Distnct, and
from CS Commerciai Service and Wholesale
District to R-2 Two-Famiiy Residential District,
as shown in Exhibit 1, and to the centerline of
the adjoining public rigþt-of-way, all in the City of
Dubuque, Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 151h day of
December 2003.
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
Published ofiicially in the Telegraph Herald
newspaper this 22nd day of December, 2003.
Jeanne F. Schneider, City Clerk
1t 12/22
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Connors. Motion carried 7-0.
Vessel Systems - Tax Increment Revenue
Bonds: Proof of publication on notice of heanng
to consider issuance of not to exceed $140,000
in urban renewal tax Increment revenue bonds
to support the Vessel Systems, Inc. project at
the Dubuque Industrial Center West and City
Manager recommending approval, presented
and read. Cline moved that the proof and
communication be received and flied.
Seconded by Nicholson. Motion carned 7-0.
RESOLUTION NO. 518-03
RESOLUTION INSTITUTING PROCEEDINGS
TO TAKE ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED $140,000
URBAN RENEWAL TAX INCREMENT
REVENUE BONDS
WHEREAS, pursuant to notice published as
required by law, this Council has held a public
meeting and hearing upon the proposal to
institute proceedings for the issuance of not to
exceed $140,000 Urban Renewal Tax Increment
Revenue Bonds for the purpose of pay costs of
aiding in the planning, undertaking and carrying
out of urban renewal project activities under the
authonty of Chapter 403 of the Code of Iowa
and the Amended and Restated Urban Renewal
Plan for the Dubuque Industrial Center
Economic Development District, including those
costs associated with the funding of an
economic development grant to the Vessel
Systems, Inc. under the terms of a Development
Agreement between the City and said
developer, and has considered the extent of
objections received from residents or property
owners as to said proposed issuance; and,
accordingly the following action is now
"C-
~----
Regular Session, December 15, 2003
417
considered to be in the best interests of the City
and residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby
insmute proceedings and takes addjijonal acijon
for the sale and issuance in the manner required
by law of not to exceed $140,000 Urban
Renewal Tax increment Revenue Bonds for the
foregoing purpose.
Section 2. The City Manager is authortzed and
directed to proceed on behaW of the City with the
negoijation of the terms of said Urban Renewal
Tax Increment Revenue Bonds, to select a date
for the sale and authorization thereof, to cause
to be prepared such notice and sale informaijon
as may appear appropriate, to publish and
distnbute the same on behalf of the City and this
Council and otherwise to take all action
necessary to permit the sale of said Urban
Renewal Tax Increment Revenue Bonds on a
basis favorable to the City and acceptable to the
Council.
Passed, approved and adopted this 15th day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Cierk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Moijon carried 7-0.
RESOLUTION NO. 519-03
A RESOLUTION AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OF
$140,000 URBAN RENEWAL TAX
INCREMENT REVENUE BONDS, TAXABLE
SERIES 2003, OF THE CITY OF DUBUQUE,
IOWA, AND PROVIDING FOR THE SECURING
OF SUCH BONDS FOR THE PURPOSE OF
CARRYING OUT AN URBAN RENEWAL
PROJECT IN THE AREA OF THE CITY OF
DUBUQUE, IOWA DESIGNATED AS THE
DUBUQUE INDUSTRIAL CENTER ECONOMIC
DEVELOPMENT DISTRICT
WHEREAS, the City Council of the City of
Dubuque, Iowa (the "City" or the "Issue~') did
heretofore adopt an Amended and Restated
Urban Renewal Plan by Resolution No. 142-97
of this City Council approved on Apnl 7, 1997
(the "Urban Renewai Plan"), under which plan
there is to be carned out urban renewal project
activities in an area designated as the Dubuque
Industnal Center Economic Development Distnct
(the "Project Area"); and
WHEREAS, it is presently estimated that the
costs of carrying out the purposes and
provisions of the Urban Renewal Plan for the
Project Area, including the purpose set forth in
Section 3 hereof, exceed $140,000, and
provisions must now be made by the City to
provide for the payment of such costs by the
issuance of Bonds; and
WHEREAS, the City has heretofore adopted
Ordinance No. 66-97 (the "Ordinance"), under
which the taxes levied on the taxable property in
the Project Area shall be divided, and a special
fund created under the authority of Section
403.19(2) of the Code of Iowa, as amended
(which special fund is hereinafter referred to as
the "Dubuque Industrial Center Urban Renewal
Tax Increment Revenue Fund" or "Revenue
Fund") which fund was created in order to pay
the pnncipal of and interest on loans, monies
advanced to or indebtedness whether funded,
refunded, assumed, or otherwise, including
bonds issued under the authonty of Section
403.9(1) of the Code of Iowa, as amended,
incurred by the City to finance or refinance in
whole or in part urban renewal project activities
undertaken within the Project Area, and
pursuant to which Ordinance such Revenue
Fund may be irrevocably pledged by the City for
the payment of pnncipal and interest on such
indebtedness; and
WHEREAS, the notice of intention of Issuer to
take action for the issuance of not to exceed
$140,000 Urban Renewal Tax Increment
Revenue Bonds has heretofore been duly
published and no objecijons to such proposed
action have been filed and it is now necessary
and advisable that provisions be made for the
issuance of Bonds to the amount of $140,000
pursuant to the provisions of Section 403.9(1) of
the Code of Iowa, payable from a portion of the
income and proceeds of the Revenue Fund and
other funds of the City derived from or held in
connection with the undertaking and carrying out
of the Urban Renewal Plan for the Project Area
as described herein.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IN THE COUNTY OF DUBUQUE,
STATE OF IOWA:
Secijon 1. Definitions. The following terms
shall have the following meanings in this
Resoluijon unless the text expressly or by
necessary implication requires otherwise:
. "Bonds" or "Bond" shall mean the $140,000
Urban Renewal Tax Increment Revenue Bond,
Taxable Senes 2003, authonzed to be issued by
this Resolution; ,
. "Clerk" shall mean the City Clerk or such other
officer of the successor Governing Body as shall
be charged with substantially the same duijes
and responsibilities;
. "Corporate Seal" shall mean the ofilcial seal of
Issuer adopted by the Governing Body;
. "Dubuque Industrial Center Urban Renewal
Tax Increment Revenue Fund" or "Revenue
Fund" means the special fund of the City created
under the authority of Section 403.19(2) of the
Code of Iowa and the Ordinance, which fund
was created in order to pay the pnncipal of and
interest on loans, monies advanced to, or
418
Regular Session, December 15, 2003
indebtedness, whether funded, refunded,
assumed or otherwise, inciuding bonds or other
obligations issued under the authonty of Section
403.19 or 403.12 of the Code of Iowa, incurred
by the City to finance or refinance in whole or in
part projects undertaken pursuant to the Urban
Renewal Plan for the Project Area;
. "Fiscal Yea~' shall mean the twelve-month
penod beginning on July I of each year and
ending on the last day of June of the following
year, or any other consecutive tweive-month
period adopted by the Governing Body or by law
as the ofilcial accounting period of the Issuer;
+ "Governing Body" shall mean the City Council
of the City, or its successor in function with
respect to the operation and control of the
Project Area;
+ "Independent Auditor" shall mean an
independent firm of certified public accountants
or the Auditor of State;
+ "Issuer" and "City" shall mean the City of
Dubuque, Iowa;
+ "Ordinance" shall mean Ordinance No. 66-97
ofthe City, as amended from time to time;
+ "Original Purchase~' shall mean Dubuque
Bank and Trust Company, Dubuque, Iowa, as
the purchaser of the Bond from Issuer at the
time of its original issuance;
+ "Paying Agent" shall be the City Treasurer, or
such successor as may be approved by Issuer
as provided herein and who shall carry out the
duties prescribed herein as Issue~s agent to
provide for the payment of pnncipal of and
interest on the Bond as the same shall become
due;
+ "Project Area" shall mean the Dubuque
Industnal Center Economic Development District
of the Issuer, as amended from time to time:
+ "Project Fund" or "Construction Account" shall
mean the fund required to be established by this
Resolution for the deposit of the proceeds of the
Bond:
+ "Registrar" shall be the City Treasurer of
Dubuque, Iowa, or such successor as may be
approved by Issuer as provided herein and who
shall carry out the duties prescribed herein with
respect to maintaining a register of the owners
of the Bond. Unless otherwise specified, the
Registrar shall also act as Transfer Agent for the
Bond;
+ "Tax Increments" means the property tax
revenues divided and made available to the City
for deposit in the Dubuque Industrial Center
Urban Renewal Tax Increment Revenue Fund
under the provisions of Section 403.19 of the
Code and the Ordinance;
+ "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 Bond issued
hereunder.
"" ~""'".... r~. .."'",-
Section 2. Authontv. The Bond authonzed by
this Resolution shall be issued pursuant to
Section 403.9 of the Code of Iowa and in
compliance with all applicable provisio~s of the
Constitution and laws of the State of Iowa.
Section 3. Authonzation Puroose and Aooroval
of Related Documents. There are hereby
authonzed to be Issued, a 'negoijable, senal,
fully registered Urban Renewal Tax Increment
Revenue Bond, Taxable Series 2003, of the City
of Dubuque, in the County of Dubuque, State of
Iowa, in the aggregate amount of $140,000 for
the purpose of paying costs of aiding in the
planning, undertaking and carrying out of urban
renewal project activities under the authonty of
Chapter 403 of the Code of Iowa and the
Amended and Restated Urban Renewal Plan for
the Dubuque industnal Center Economic
Development Distrtct, including those costs
associated with the funding of an economic
development grant to the Vessel Systems, Inc.
under the terms of a Developm_ent Agreement
between the City and said Developer.
The Purchase Agreement between the City
and the Onginal Purchaser (the "Purchase
Agreement") is hereby approved in substantially
the form presented at this meeijng, and the
Mayor and City Clerk are authorized to execute
and deiiver the same on behalf of the City ,with
such changes as shall to them, upon the advice
of Corporation Counsel, be necessary or
appropriate.
A:3 set forth in the Purchase Agreement and on
the Debt Service Schedule attached to the
Bond, proceeds of the Bond shall be drawn
upon by the Treasurer on thé date of issuance in
the aggregate amount of $140,000 and
thereafter held in the Project Fund until applied
to costs of issuance.
Section 4. Source of Pavment. As provided
and required by Chapter 403 of the Code of
Iowa, and Section 403.9 thereof, the Bond and
interest thereon shall be payable from and
secured solely and only by the Tax Increments
deposited and held from time to time in the
Revenue Fund. The City hereby covenants and
agrees to maintain the Ordinance in force during
the term of the Bond and to apply the Tax
increments collected in the Revenue Fund to the
payment of the principal of and interest on the
Bond. The Bond shall not be payable in any
manner by general taxation or from' any other
City funds.
The Bond shall not constitute an indebtedness
within the meaning of any statutory debt
limitation or restriction and shall not be subject
to the provisions of any other law relating to the
authorization, issuance or sale of bonds.
The Bond shall recite in substance that it has
been issued by the City in connection with an
urban renewal project as defined in Chapter 403
of the Code of Iowa, and in any suit, action or
.,,",M-
Regular Session, December 15, 2003
419
proceeding involving the validity or enforceability
of any Bond issued hereunder or the security
therefor, such Bonds shall be conclusively
deemed to have been issued for such purpose
and such project shall be conclusively deemed
to have been planned, located and camed out in
accordance with the provisions of Chapter 403
of the Code of Iowa.
Secijon 5. Bond Details. An Urban Renewal
Tax Increment Revenue Bond of the City in the
amount of $140,000 shall be issued pursuant to
the provisions of Section 403.9 of the Code of
Iowa for the aforesaid purpose. The Bond shall
be designated "URBAN RENEWAL TAX
INCREMENT REVENUE BOND, TAXABLE
SERIES 2003", be dated as of the date of
delivery, and bear interest from the date thereof,
until payment thereof, at the office of the Paying
Agent, said interest payable on June 30, 2004
and semiannually thereafter on June 30th and
December 30th of each year until maturity at the
rate hereinafter provided.
The Bond shall bear interest from the date of
disbursement of the proceeds thereof at the rate
of 8.00% per annum until paid, and the Bond
shall mature in the pnncipal amounts set forth on
the Debt Service Schedule attached to the Bond
as Exhibit A and incorporated herein by this
reference. As set forth on said Debt Service
Schedule, pnncipal shall be payable on
December 30, 2005 and semiannually thereafter
on June 30th and December 30th of each year
in the amounts set forth therein until principal
and interest are fully paid, except that the final
installment of the enijre balance of pnncipal and
interest, if not sooner paid, shall become due
and payable on June 30, 2015.
The Bond shall be executed by the manual
signature of the Mayor and attested by the
manual signature of the City Clerk, and
impressed with the seal of the City and shall be
fully registered as to both principal and interest
as provided in this Resoluijon; principal, interest
and premium, if any shall be payable at the
office of the Paying Agent by mailing of a check
to the registered owner of the Bond. The Bond
shall be in the denomination of $1,000 or
multiples thereof and shall, at the request of the
Original Purchaser, be issued initially as a single
Bond in the pnncipal amount of $140,000 and
numbered R-1.
Seæon 6. Redemption. The pnncipal of the
Bond may be called for redemption by the Issuer
and paid before maturity on any date, from any
funds regardless of source, in whole or from
time to ijme in part, by giving thirty days' notice
of redemption by registered mall, to the
registered owner of the Bond. The terms of
redemption shall be par, plus accrued interest to
date of call.
Section 7.- Reaistration of Bonds' Appointment
of Reaistrar: Transfer: Ownership' Deliverv' and
Cancellation.
(a) Reoistration. The ownership of the Bond
may be transferred only by the making of an
entry upon the books kept for the registration
and transfer of ownership of the Bond, and in no
other way. The Treasurer is hereby appointed
as Bond Registrar under the terms of this
Resolution. Registrar shall maintain the books
of the Issuer for the registraijon of ownership of
the Bond for the payment of pnncipal of and
interest on the Bond as provided in this
Resolution. All Bonds shall be negoijable as
provided in Article 8 of the Uniform Commercial
Code and Section 384.83(5) of the' Code of'
Iowa, subject to the provisions for registraijon
and transfer contained in the Bond and In this
Resolution.
(b) Transfer. The ownership of any Bond may
be transferred only upon the Reglstraijon Books
kept for the registraijon and transfer of Bonds
and only upon surrender thereof at the office of
the Registrar together with an assignment duly
executed by the holder or his duly authorized
attorney in fact in such form as shall be
satisfactory to the Registrar, along with the
address and social secunty number or federal
employer identification number of such
transferee (or, if registration is to be made in the
name of multiple individuals, of all such
transferees). In the event that the address of
the registered owner of a Bond (other than a
registered owner which is the nominee of the
broker or dealer in question) is that of a broker
or dealer, there must be disclosed on the
Registraijon Books the information pertaining to
the registered owner required above. Upon the
transfer of any such Bond, a new fully registered
Bond, of any denomination or denominaijons
permitted by this Resolution in aggregate
principal amount equal to the unmatured and
unredeemed pnncipal amount of such
transferred fully registered Bond, and bearing
interest at the same rate and matunng on the
same date or dates shall be delivered by the
Registrar.
(c) Reoistration of Transferred Bonds. In all
cases of the transfer of the Bond, the Registrar
shall register, at the earliest practicable time, on
the Registration Books, the Bond, in accordance
with the provisions of this Resolution.
(d) Ownership. As to any Bond, the person in
whose name the ownership of the same shall be
registered on the Registration Books of the
Registrar shall be deemed and regarded as the
absolute owner thereof for all purposes, and
payment of or on account of the principal of any
such Bond and the premium, if any, and interest
thereon shall be made only to or upon the order
of the registered owner thereof or his legal
representative. All such payments shall be valid
420
Regular Session, December 15, 2003
and effectual to satisfy and discharge the liability
upon such Bond, including the interest thereon,
to the extent of the sum or sums so paid.
(e) Cancellation. All Bonds which have been
redeemed shall not be reissued but shall be
cancelled by the Registrar. All Bonds which are
cancelled by the Registrar shall be destroyed
and a certificate of the destruction thereof shall
be furnished promptly to the Issuer; provided
that if the Issuer shall so direct, the Registrar
shall forward the cancelled Bonds to the Issuer.
(f) Non-Presentment of Bonds. In the event
any payment check representing payment of
principal of or interest on the Bond is returned to
the Paying Agent or is not presented for
payment of pnncipal at the maturity or
redemption date, if funds sufficient to pay such
principal of or interest on Bonds shall have been
made available to the Paying Agent for the
benefit of the owner thereof, all liability of the
Issuer to the owner thereof for such interest or
payment of such Bond shall forthwith cease,
terminate and be completely discharged, and
thereupon it shall be the duty of the Paying
Agent to hold such funds, without liability for
interest thereon, for the benefit of the owner of
. such Bonds who shall thereafter be restricted
exclusively to such funds for any claim of
whatever nature on his part under this
Resolution or on, or with respect to, such
interest or Bonds. The Paying Agent's obligation
to hold such funds shall continue for a penod
equal to two years interest or pnncipal became
due, whether at maturity, or at the date fixed for
redemption thereof, or otherwise, at which time
the Paying Agent, shall surrender any remaining
funds so held to the Issuer, whereupon any
claim under this Resolution by the owners of
such interest or Bonds of whatever nature shall
be made upon the Issuer.
Section 8. Reissuance of Mutilated. Destroved
Stolen or Lost Bonds. in case any outstanding
Bond shall become mutilated or be destroyed,
stolen or lost, the issuer shall at the request of
Registrar authenticate and deliver a new Bond
of like tenor and amount as the Bond so
mutilated, destroyed, stolen or lost, in exchange
and substitution for such mutilated Bond to
Registrar, upon surrender of such mutilated
Bond, or In lieu of and substitution for the Bond
destroyed, stolen or lost, upon filing with the
Registrar evidence satisfactory to the Registrar
and Issuer that such Bond has been destroyed,
stolen or lost and proof of ownership thereof,
and upon furnishing the Registrar and Issuer
with satisfactory indemnity and complying with
such other reasonable regulations as the Issuer
or its agent may prescnbe and paying such
expenses as the Issuer may incur in connection
therewith.
Section 9. 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 of the
month preceding the payment date. All such
payments shall fully discharge the obligations of
the Issuer in respect of such Bond to the extent
of the payments so made. The final payment of
principal shall only be made upon surrender of
the Bond to the Paying Agent.
Section 10. Execution Authentication and
Deliverv of the Bonds. Upon the adoption of this
Resolution, the Mayor and Clerk shall execute
and deliver the Bond to the Registrar, who shall
authenticate the Bond and deliver the same to or
upon order of the Original Purchaser. No Bond
shall be valid or obligatory for any purpose or
shall be entitled to any right or benefit hereunder
unless the Registrar shall duly 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.
Section 11. Riqht to Name Substitute Pavinq
Aqent or Reqistrar. Issuer reserves the right to
name a substitute, successor Registrar or
Paying Agent upon giving prompt written notice
to each registered Bondholder.
Section 12. Form of Bond. Bonds shall be
printed in substantial compliance with standards
proposed by the American Standards Institute
substantially in the form as follows:
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Regular Session, December 15, 2003
421
SoctiOD 12. Fo.\n ofBODd. BOD"shoI'boprintod m su~DaI cómp¡ion",witb
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(CODtmu'" OD tho bock of this BODd)
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FlOURE I
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(Bacl<)
422
Regular Session, December 15, 2003
The text of the Bonds to be located thereon at
the item numbers shown shall be as follows:
Item 1, figure 1 = "STATE OF IOWA"
"COUNTY OF DUBUQUE"
"CITY OF DUBUQUE"
"URBAN RENEWAL TAX INCREMENT
REVENUE BOND"
'TAXABLE SERIES 2003"
[TAXABLE FOR FEDERAL INCOME TAX
PURPOSES]
Item 2, figure 1 = Rate: 8.00%
Item 3, figure 1 = Maturity: As descnbed
herein
Item 4, figure 1 = Bond Date: Date of Delivery
Item 5, figure 1 = Cusip No.: NiA
Item 6, figure 1 = "Registered"
Item 7, figure 1 = Certificate No. R-1
Item 8, figure 1 = Principal Amount: $140,000
Item 9, figure 1 = The City of Dubuque, Iowa, a
municipal corporation organized and existing
under and by virtue of the Constitution and iaws
of the State of Iowa (the "Issuer"), for value
received, promises to pay from the source and
as hereinafter provided, on the maturity dates
described herein, to
Item 9A, figure 1 = (Registration panel to be
compieted by Registrar or Printer with name of
Registered Owner).
Item 10, figure 1 = or registered assigns, the
pnncipal sum of (princioal amount written out)
THOUSAND DOLLARS in lawful money of the
United States of America, only upon
presentation and surrender hereof at the office
of the City Treasurer, Paying Agent of this issue,
or his successor, with interest on said sum from
the date hereof unm paid at the rate per annum
specified above, payable on June 30, 2004, and
semiannually thereafter on June 30th and
December 30th of each year until maturity as
hereinafter provided.
This Bond shall bear interest from the date of
disbursement of the proceeds hereof at the rate
of 8.00% per annum until paid, which
disbursements shall be made on the dates and
in the amounts set forth on the Debt Service
Schedule attached hereto as' Exhibit A and
incorporated herein by this reference. As set
forth on said Debt Service Schedule, principal
shall be payable on December 30, 2005 and
semiannually thereafier on June 30th and
December 30th of each year in the amounts set
forth therein until principal and interest are fully
paid, except that the final Installment of the
entire balance of principal and interest, If not
sooner paid, shall become due and payable on
June 30, 2015.
Interest and principal shall be paid to the
registered holder of the Bond as shown on the
records of ownership maintained by the
Registrar as of the 15th day of the month next
preceding such interest payment date. Interest
-",--"
n,__,
shall be computed on the basis .of a 360-day
year of twelve 30-day months.
THE ISSUER DOES NOT INTEND OR
REPRESENT THAT THE INTEREST ON THIS
BOND WILL BE EXCLUDED FROM GROSS
INCOME FOR FEDERAL INCOME TAX
PURPOSES UNDER SECTiON 103 OF THE
INTERNAL REVENUE CODE OF 1986, AS
AMENDED, AND THE ISSUER IS NOT
OBLIGATED TO TAKE ANY ACTION TO
ATTEMPT TO SECURE ANY SUCH
EXCLUSION. THE HOLDER OF THIS BOND
THEREFORE SHOULD TREAT THE
INTEREST THEREON AS BEING SUBJECT
TO FEDERAL INCOME TAXATION.
This Bond is issued pursuant to the provisions
of Section 403.9 of the Code of Iowa, as
amended, for the purpose of paying costs of
aiding in the planning, undertaking and carrying
out of urban renewal project activmes under the
authority of Chapter 403 of the Code of Iowa
and the Amended and Restated Urban Renewal
Plan for the Dubuque Industrial Center
Economic Deveiopment District, including those
costs associated with the funding of an
economic development grant to the Vessel
Systems, Inc. under the terms of a Development
Agreement between the City and said
Developer, in conformity to a Resoluijon of the
Council of said City duly passed and approved.
This Bond is not an indebtedness within the
meaning of any statutory provisions, or a
general obligation ofthe City.
This Bond may be called for redemption by the
Issuer and paid before maturity on any date,
from any funds regardless of source, in whole or
from time to time in part, by giving thirty days'
notice of redemption by registered mail to the
registered owner of the Bond. The terms of
redemption shall be par, plus accrued interest to
date of call.
Ownership of this Bond may be transferred
only by transfer upon the books kept for such
purpose by the City Treasurer, the Registrar.
Such transfer on the books shall occur only
- upon presentation and surrender of this Bond at
the office of the Registrar, together with an
assignment duly executed by the owner hereof
or his duly authonzed attorney in the form as
shall be satisfactory to the Registrar. Issuer
reserves the right to substitute the Registrar and
Paying Agent but shall, however, promptiy give
notice to registered Bondholders of such
change. Ali Bonds shall be negotiable as
provided in Article 8 of the Uniform Commercial
Code and Section 384.83(5) of the Code of
Iowa, subject to the provisions for registration
and transfer contained in the Bond Resolution.
This Bond, as provided in the Bond Resolution
of which notice is hereby given and is hereby
made a part hereof, is payable from and secured
by a pledge of the tax increment revenues
Regular Session, December 15, 2003
423
collected in respect of properties located within
the Dubuque Industrial Center Economic
Development District (the "Project Area"), as
defined and provided in said Resolution, as
referred to and authorized in subsection 2 of
Section 403.19 of the Code of Iowa, as
amended ("incremental taxes"). There has
heretofore been established and the City
covenants and agrees that it will maintain in
force an ordinance providing for the division of
incremental taxes within the Project Area and
for the establishment of a sinking fund to meet
the pnncipal of and interest on this Bond as the
same becomes due. This Bond is not payable in
any manner by general taxation and under no
circumstances shall the City be in any manner
liable by reason of the failure of said tax
increment revenues to be sufficient for the
payment hereof.
And it is hereby represented and certified that
ali acts, conditions and things requisite,
according to the laws and Cònstitution 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.
IN TESTIMONY WHEREOF, said City by its
City Council has caused this Bond to be signed
by the manual signature of its Mayor and
attested by the manual signature of its City
Clerk, with the seal of said City impressed
hereon, and authenticated by the manual
signature of an authonzed representative of the
Registrar, the City Treasurer, Dubuque, Iowa.
Item 11, figure 1 ; Date of authentication:
Item 12, figure 1 ; This is one of the Bonds
described in the within menijoned
Resolution, as registered by the City
Treasurer.
CITY TREASURER
By:
Registrar
Item 13, figure 1; Registrar and
Agent: City Treasurer
Paying Agent: City Treasurer
Item 14, figure 1 ; (Seal)
Item 15, figure 1 ; [Signature Block]
CITY OF DUBUQUE, IOWA
By: Mavor's manual sianature
Mayor
Transfer
ATTEST:
By: Citv Clerk's manual sionature
City Clerk
Item 17, figure 2; [Assignment Block]
[Information Required for Registration]
ASSIGNMENT
For value received, the undersigned hereby
sells, assigns and transfers unto
(Social Security or Tax Identification No.
) the within Bond and does hereby
constitute and appoint
attorney in fact to transfer the
irrevocably
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(s)
here)
SIGNATURE)
GUARANTEED)
IMPORTANT - READ CAREFULLY
The signature(s) to this Power must correspond
with the name(s) as written upon the face'of the
certificate(s) or bond(s) in every particular
without alteration or enlargement or any change
whatever. Signature guarantee must be
provided in accordance with the prevailing
standards and procedures of the Registrar and
Transfer Agent. Such standards and
procedures may require signature to be
guaranteed by certain eligible guarantor
institutions that participate in a recognized
signature guarantee program.
INFORMATION REQUIRED
REGISTRATION OF TRANSFER
Name of Transferee(s)
FOR
Address of Transferee(s)
Sociai Security or Tax
Identification Number of
Transferee(s)
Transferee is a(n):
Individual"
Corporation
Partnership
Trust
"If the Bond is to be registered in the names of
mujijple individual owners, the names of all such
owners and one address and social secumy
number must be provided.
The following abbreviations, when used in the
inscription on the face of this Bond, shall be
construed as though written out in full according
to applicable laws or regulaijons:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireijes
JT TEN - as joint tenants with right of
survivorship and not as tenants in common
IA UNIF TRANS MIN ACT
..........Custodian..........
(Cust) (Minor)
under Iowa Uniform Transfers
to Minors Act................
(State)
ADDITIONAL ABBREVIATIONS MAY ALSO BE
USED THOUGH NOT IN THE ABOVE LIST.
Section 13. Eoualitv of Lien. The timely
payment of pnncipal of and interest on the
Bonds shall be secured equally and ratabiy by
the Tax Increments collected and deposited in
424
Regular Session, December 15, 2003
the Reyenue Fund without priority by reason of
number or time of sale or delivery; and the Tax
Increments collected and deposited in the
Revenue Fund are hereby irrevocably pledged
to the timely payment of both principal and
interest as the same become due.
Section 14. Apolication of Bond Proceeds.
Proceeds of the Bond shall be drawn upon and
applied as descnbed in Section 3, hereof.
Subject to the limitations contained in Code
Section 403.9(1) any amounts on hand in the
Project Fund shall be available for the payment
of the principal of or interest on the Bond at any
time that other funds of the Project shall be
insufficient to the purpose, in which event such
funds shall be repaid to the Project Fund at the
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 iaw or this Resolution.
Section 15. Tax Levv. After its adoption, a
copy of this Resolution shall be filed in the office
of the County Auditor of Oubuque County to
evidence the pledging of the portion of taxes to
be paid into the Revenue Fund and, pursuant to
the direction of Section 403.19 of the Code of
Iowa, the Auditor shall thereafter allocate the
taxes in accordance therewith and in
accordance with the Ordinance referred to in the
preamble hereof.
It is hereby certified that the annual amount of
Tax Increments to be collected pursuant to
Section 403.19(2) of the Code of Iowa shall be
not less than the annual requirement for
principal and interest, as follows:
Amount of Principal
and Interest Year of Collection
$16,816 2004/2005
20,608 2005/2006
20,608 2006/2007
20,608 2007/2008
20,608 2008/2009
20,608 2009/2010
20,608 2010/2011
20,608 2011/2012
20,608 2012/2013
20,608 201312014
20,608 2014/2015
Section 16. Application of Revenues. From and
after the delivery of the Bond, and as long as the
Bond shall be outstanding and unpaid either as
to pnncipal or as to interest, or until the Bond
shall have been discharged and satisfied in the
manner provided in this Resolution, the Tax
Increments collected in respect of the Project
Area shall be deposited as collected in the
Revenue Fund and shall be disbursed only as
follows:
(a) Sin kino Fund. There is hereby established
and shall be maintained a special account within
the Revenue Fund from which interest and
principal on the Bond will be paid. The fund
shall be known as the Vessel Systems, Inc.
Principal and Interest Account (the "Sinking
Fund"). The amount to be deposited in the
Sinking Fund in any year shall be an amount
equal to the interest and pnncipal coming due on
such Bond during the fiscal year. Money shall
be first deposited into the Interest Account of the
Sinking Fund to an amount equal to the interest
falling due in each fiscal year. Money shall next
be deposited into the Principal Account of the
Sinking Fund to an amount equal to the principal
falling due in each fiscal year. Money in the
Sinking Fund shall be used solely for the
purpose of paying principal of and interest on
the Bond, as the same shall become due and
payable.
(b) Surplus Revenue. All revenues thereafter
remaining in the Revenue Fund may be used to
payor reimburse the Issuer for other loans,
moneys advanced to or indebtedness incurred
to finance or refinance in whole or in part
projects undertaken in the Project Area, as
permitted by law, or may be used to payor
redeem the Bond or for any other lawful
purpose.
Moneys on hand in the Project Fund and all of
the funds provided by this Secijon may be
invested only in direct obligations of the United
States Government or deposited in financial
institutions which are members of the Federal
Deposit Insurance Corporation ("FDIC") and the
deposits in which are insured thereby and all
such deposits exceeding the maximum amount
insured from time to time by FDIC or its
equivalent successor in anyone financial
insmution shall be continuously secured by a
valid pledge of direct obligations of the United
States Government having an equivalent market
value. Alternatively, such moneys may be
invested in tax-exempt bonds or obllgaijons of
any state or political subdivision thereof which
are rated by Moody's investors Service or
Standard & Poor's Corporaijon at a rating
classification equal to or better than the rating
carried by the Bond or, in the case of short-term
obligations, a rating of MIG-1, S&P-1 or better.
All such intenm investments shall mature before
the date on which the moneys are required for
the purposes for which said fund was created or
otherwise as herein provided. The provisions of
this Section shall not be construed to require the
Issuer to maintain separate bank accounts for
the funds created by this Section; except the
Sinking Fund shall be maintained in a separate
account but may be invested in conjunction with
other funds of the City but designated as a trust
fund on the books and records of the City.
Section 17. Covenants ReGardinG the
Operation of the Proiect Area. The Issuer
hereby covenants and agrees with each and
every holder of the Bond:
. "'-""""-,
Regular Session, December 15, 2003
425
(a) Maintenance in Force. The Issuer will
maintain the Urban Renewal Plan and the
Ordinance in force and will cause the
incremental taxes from the Project Area to be
levied annually in an amount not less than the
principal and interest failing due within the year,
and applied as provided in this Resolution,
unless the Bonds are paid or sufficient provision
for their payment is made. Provided, however,
that to the extent that amounts are on hand and
are sufilcient to meet the payments required to
bemade and to maintain a sufficient balance in
each fund as required by this Resolution, the
Issuer may abate the levy of incremental taxes
in any year.
(b) Accountino and Audits. The Issuer will
cause to be kept proper books and accounts
adapted to the Project Area and in accordance
with generally accepted accounting pracijces,
and will cause the books and accounts to be
audited annually not later than 180 days after
the end of each fiscal year by an Independent
Auditor and will provide copies of the audit
report to the Original Purchaser upon request.
The Onginal Purchaser and holders of any of the
Bonds shall have at all reasonable ijmes the
right to inspect the Issue~s records, accounts
and data of the Issuer relating to the Revenue
Fund.
(c) State Laws. The Issuer will faithfully and
punctually perform all duties with reference to
the Urban Renewal Plan required by the
Constitution and laws of the State of Iowa, and
will segregate the revenues of the Project Area
and apply said revenues to the funds as
specified in this Resolution.
(d) Amendments. The Issuer reserves the right
to amend the Urban Renewal Plan for the
Project Area and the Ordinance in its lawful
discretion; provided, that in no event shall
obligations resulting from an amendment or
merger thereof have any pnonty over the Bond.
Secijon 18. Remedies of Bondholders.
Except as herein expressly limited the holder or
holders of the Bonds shall have and possess all
the rights of acijon and remedies afforded by the
common law, the Constitution and statutes of
the State of Iowa, and of the United States of
America, for the enforcement of payment of their
Bonds and Interest thereon, and of the pledge of
the revenues made hereunder, and of all
covenants of the Issuer hereunder.
Secijon 19. No Pnor Lien or Paritv Bonds.
The Issuer will issue no other bonds or
obligations of any kind or nature payable from or
enjoying a lien or claim on the Revenue Fund
having priority over the Bond or standing on a
panty therewith with respect to the lien and claim
of such additional obligations to the revenues
thereof and the money on deposit in the funds
created in this Resolution, without the wrttten
consent of. the Onginal Purchaser or other
registered holder of the Bond.
Secijon 20. Discharae and Satisfacijon of
Bonds. The covenants, liens and pledges
entered into, created or imposed pursuant to this
Resolution may be fully discharged and satisfied
with respect to the Bond in anyone or more of
the following ways:
(a) By paying the Bond when the same shall
become due and payable; or
(b) By depositing in trust with the Treasurer,
or with a corporate trustee designated by the
governing body for the payment of said
obligations and irrevocably appropriated
exclusively to that purpose an amount in cash or
direct obligations of the United States the
matunijes and income of which shall be
sufficient to reijre at maturity, or by redemption
prior to maturity on a designated date upon
which said obligaijons may be redeemed, all of
such obligaijons outstanding at the time,
together with the interest thereon to maturity or
to the designated redemption date, premiums
thereon, if any that may be payable on the
redemption of the same; provided that proper
notice of redemption of all such obligations to be
redeemed shali have been previously published
or provisions shall have been made for such
publication. ,
Upon such payment or deposit of money or
securities, or both, in the amount and manner
provided by this Secijon, all liability of the Issuer
with respect to the Bonds shall cease, determine
and be completely discharged, and the holders
thereof shall be entitled only to payment out of
the money or securities so deposited.
Section 21. Resolution a Contract. The
provisions of this Resolution shall constitute a
contract between the Issuer and the holder or
holders of the Bond, and after the issuance of
any of the Bond no change, variaijon or
alteration of any kind in the provisions of this
Resoluijon shall be made in any manner, except
as provided in the next succeeding Secijon, unm
such time as all of the Bond, and interest due
thereon, shall have been satisfied and
discharged as provided in this Resolution.
Section 22. Modification of Resolution. This
Resolution may be amended from time to time if
such amendment shall have been consented to
by holders of not less than two-thirds in pnncipal
amount of the Bonds at any time outstanding
(not including in any case any Bonds which may
then be held or owned by or for the account of
the Issuer, but including such Refunding Bonds
as may have been issued for the purpose of
refunding any of such Bonds if such Refunding
Bonds shall not then be owned by the Issuer);
but this Resolution may not be so amended in
such manner as to:
(a) Make any change in the matunty or interest
rate of the Bonds, or modify the terms of
426
Regular Session, December 15, 2003
payment of pnncipai of or interest on the Bonds
or any of them or impose any conditions with
respect to such payment;
(b) Materially affect the rights of the holders of
less than all of the Bonds then outstanding; and
(c) Reduce the percentage of the pnncipal
amount of Bonds, the consent of the holders of
which is required to effect a further amendment.
Whenever the Issuer shall propose to amend
this Resolution under the provisions of this
Section, it shall cause noijce of the proposed
amendment to be filed with the Onginal
Purchaser or to be mailed by certified mail to
any other registered owner of the Bond as
shown by the records of the Registrar. Such
notice shall set forth the nature of the proposed
amendment and shall state that a copy of the
proposed amendatory Resolution is on file in the
office of the City Clerk.
Whenever at any time within one year from the
date of the mailing of said notice there shall be
filed with the City Clerk an instrument or
instruments executed by the holders of at least
two-thirds in aggregate principal amount of the
Bonds then outstanding as in this Section
defined, which instrument or instruments shall
refer to the proposed amendatory Resolution
descnbed in said noijce and shall specifically
consent to and approve the adoption thereof,
thereupon, but not otherwise, the governing
body of the Issuer may adopt such amendatory
Resolution and such Resolution shall become
effective and binding upon the holders of all of
the Bonds.
Any consent given by the holder of a Bond
pursuant to the provisions of this Section shall
be irrevocable for a period of six months from
the date of the instrument evidencing such
consent and shall be conclusive and binding
upon all future hoiders of the same Bond during
such penod. Such consent may be revoked at
any time after six months from the date of such
instrument by the holder who gave such consent
or by a successor in title by fiiing notice of such
revocation with the City Clerk.
The fact and date of the execution of any
instrument under the provisions of this Section
may be proved by the certificate of any officer in
any jurisdiction who by the laws thereof is
authorized to take acknowledgments of deeds
within such jurisdiction that the person signing
such instrument acknowledged before him the
execution thereof, or may be proved by an
affidavit of a witness to such execution sworn to
before such officer.
The amount and numbers of the Bonds held
by any person executing such instrument and
the date of his holding the same may be proved
by an affidavit by such person or by a certificate
executed by an officer of a bank or trust
company showing that on the date therein
mentioned such person had on deposit with
such bank or trust company the Bonds
described in such certificate.
Section 23. Severabilitv. If any section,
paragraph, or provision of this Resoluijon shall
be held to be invalid or unenforceable for any
reason, the invalidity or unenforceability of such
section, paragraph or provision shail not affect
any of the remaining provisions.
Section 24. Repeal of Conflictina Ordinances
or Resolutions and Effective Date. All other
ordinances, resolutions and orders, or parts
thereof, in conflict with the provisions of this
Resolution are, to the extent of such confiict,
hereby repealed; and this Resolution shall be in
effect from and after its adoption.
Passed and approved this 15th day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Cleek
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Riverside Baseball, LLC Lease: Proof of
publication on notice of heanng to consider the
disposition of real property and improvements in
the Ice Harbor Urban Renewal District by lease
to Riverside Baseball, LLC and City Manager
recommending approval and City Manager
recommending approval of two minor
amendments to the previously negoijated
Riverside Baseball LLC Lease Agreement,
presented and read. Buol moved that the proof
and communications be r<;ceived and filed and
the two amendments approved. Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 520-03
DETERMINING THAT THE PROPOSAL OF
RIVERSIDE BASEBALL, LLC TO LEASE
PROPERTY IN THE ICE HARBOR URBAN
RENEWAL DISTRICT IN THE PORT OF
DUBUQUE IN THE CITY OF DUBUQUE, IOWA
IS IN COMPLIANCE WITH THE TERMS OF
THE CITY'S OFFERING FOR DISPOSITION
OF SUCH PROPERTY
Whereas, this Council, by Resolution No. 444-
03, dated November 3,2003, nominated the City
Clerk as agent of the City of Dubuque, Iowa, to
receive and open on December 5, 2003, at
10:00 a.m., proposals for the disposition of
property in the ice Harbor Urban Renewal
District in the Port of Dubuque in accordance
with the terms and conditions set forth in the
resolution; and
Whereas, the City Council has received a
proposai, referred to in said resolution, from
Riverside Baseball, LLC, which proposal meets
the terms and conditions of Resolution No. 444-
03; and
Whereas, the City Clerk has reported to this
Council that no qualified, competing proposals
were submitted.
-., .
Regular Session, December 15, 2003
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Secijon 1. That the report of the City Clerk that
no qualified competing proposals were
submitted by 10:00 a.m. on December 5, 2003,
for the disposition of property in the Ice Harbor
Urban Renewal Distnct in the Port of Dubuque
be received, filed and adopted.
Section 2. That it is hereby determined that the
proposal of Riverside Baseball, LLC for the
lease of said property is the only proposal which
satisfies the terms and condmons set forth in
Resolution No. 444-03 adopted by this Council
on November 3, 2003.
Passed, approved and adopted this 15th day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resoluijon.
Seconded by Nicholson. Moijon carried 7-0.
RESOLUTION NO. 521-03
ACCEPTING THE PROPOSAL FROM
RIVERSIDE ,BASEBALL, LLC FOR THE
LEASE OF PROPERTY IN THE ICE HARBOR
URBAN RENEWAL DISTRICT IN THE PORT
OF DUBUQUE IN THE CITY OF DUBUQUE,
IOWA AND APPROVING THE LEASE
AGREEMENT WITH RIVERSIDE BASEBALL,
LLC FOR THE LEASE OF THE PROPERTY
Whereas, this Council, by Resolution No. 444-
03, dated November 3, 2003:
1. Adopted the terms and conditions for offering
for disposITion certain real property and
improvements in the Ice Harbor Urban Renewal
District in the City of Dubuque, Iowa, referred to
as the Stadium Property;
2. Determined that the proposal submitted by
Riverside Baseball, LLC satisfied the
requirements of said offering;
3. Declared its intent to accept the Riverside
Baseball, LLC proposal in the event no other
qualified proposals were timely submitted for the
property; and
4. Invited competing proposals which met the
terms and conditions of the offenng, to be
submitted to the City Clerk on or before 10:00
a.m., December 5, 2003;
and;
Whereas, on November 5, 2003, the
Resolution was published as the official notice of
the offenng and of the intent of the City of
Dubuque, Iowa, in the event no other qualified
proposals were ijmely submitted, to approve the
Lease Agreement proposed by Riverside
Baseball, LLC; and
Whereas, by separate Resolution of this date,
this Council has received and approved as its
own the report of the City Clerk that no other
qualified proposal was received; and
427
Whereas,.it is the determination of this Council
that approval of the Lease Agreement with
Riverside Baseball, LLC, attached hereto, is in
the public interest of the cITizens of the City of
Dubuque, and is consistent WITh the City's Urban
Renewal Plan for the Ice Harbor Urban Renewal
Distnct.
NOW, THEREFORE, BE iT RESOLVED BY
THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
Section 1. That the attached Lease Agreement
by and between the City of Dubuque and
Riverside Baseball, LLC is in the public interest
of the citizens of the City of Dubuque and in
furtherance of the City's Urban Renewal Plan,
and Is hereby approved.
Section 2. That the Mayor is hereby
authorized and directed to execute said Lease
Agreement on behalf of the City of Dubuque and
the City Clerk is authorized and directed to attest
to his signature.
Section 3. That the City Manager is authonzed
to take such actions as are necessary to
implement the terms of the Lease Agreement as
herein approved.
Passed, approved and adopted this 15th day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resoluijon.
Seconded by Nicholson. Motion carried 7-0.
Mediacom Franchise Extension: Proof of
publication on notice of hearing to consider a
six-month extension of the exisijng Mediacom
cable franchise and side agreements under the
terms currently in effect and City Manager
recommending approval, presented and read.
Michalski moved that the proof and
communicaijon be received and filed. Seconded
by Nicholson. Motion carried 7-0.
An Ordinance Extending the term of the
existing cable franchise agreement and hub site
lease of MCClowa, LLC to June 30, 2004,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 100-03
AN ORDINANCE EXTENDING THE TERM OF
THE EXISTING CABLE FRANCHISE
AGREEMENT AND HUB SITE LEASE OF
MCCIOWA, L.L.C. TO JUNE 30, 2004.
Whereas, MCClowa, L.L.C. (Mediacom) is the
current holder of a cable services franchise,
embodied in Ordinance No. 42-81, as modified
by a senes of waivers and side agreements, and
acquired from TCI of Iowa, Inc. via a transfer
approved by the Dubuque City Council on June
18,2001; and
Whereas, one of the side agreements is a
lease to Mediacom to build and maintain a
428
Regular Session, December 15, 2003
network hub on City-owned property located at
1585 West Third Street in Dubuque; and
Whereas, the terms of the franchise and of the
lease will expire December 31,2003; and
Whereas, representatives of the City of
Dubuque and of Mediacom have entered into
good faith negotiation of terms and condITions
for the renewal of the franchise and the lease.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The term of the cable services
franchise and the term of the lease are hereby
extended to June 30, 2004, with all the rights,
privileges and responsibilities appertaining
thereunto; and
Section 2. The City Manager is hereby
authorized to sign and administer the extension
agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 15th day
of December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne Schneider, City Clerk
Published ofilcially in the Telegraph Herald
newspaper this 22nd day of December, 2003.
Jeanne F. Schneider, City Clerk
1t 12/22
Michalski moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carned 7-0.
Eagle Valley Subdivision Water Main
Extension Project: Proof of publication on notice
of hearing on pians and specifications and
notice to bidders on the receipt of bids, and City
Manager recommending award of the contract
for the Eagle Valley Subdivision Water Main
Extension Project to Fondell Excavating, Inc. in
the amount of $74,897.00, presented and read.
Markham moved that the proof and
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 522-03
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on 17th day of November, 2003
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the installation of
approximately 1,009 feet of 8 inch duœle iron
water main and 71 service laterals with
accessories to be installed in the Eagle Valley
Subdivision.
Whereas, notice of hearing on the plans,
specifications, form of contract and estimated
cost was published as required by iaw.
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, approved and adopted this 15th day
of December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 6-0 with
Cline temporarily out of the Chambers.
RESOLUTION NO. 523-03
AWARDING CONTRACT TO FONDELL
EXCAVATING, INC. OF DUBUQUE, IOWA
FOR THE CONSTRUCTION OF APRPOX-
IMATELY 1,009 FEET OF 8 INCH DUCTILE
IRON WATER MAIN AND 71 SERVICE
LATERALS WITH ACCESSORIES IN THE
EAGLE VALLEY SUBDIVISION.
Whereas, the Eagle Valley Subdivision Water
Main Extension and Service Line Lateral Project
has been budgeted; and
Whereas, Fondell Excavating, Inc. of
Dubuque, Iowa has submitted to the City an
agreement to conduct construction services of
this improvement in the amount of $74, 897
dollars; 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:
That the City Manager is authorized to execute
the agreement for construction services with
Fondeil Excavating Inc. of Dubuque, Iowa for
the construction of approximately 1,009 feet of 8
inch ductile iron water pipe and 71 service line
laterals in the Eagle Valley Subdivision in the
amount of $74,897.
Passed, adopted and approved this 15th day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resoluijon.
Seconded by Nicholson. Motion carried 6-0 with
Cline temporarily out of the Chambers.
Seippel Road Water Main Extension Project:
Proof of publication on notice of heanng on
plans and specifications and notice to bidders on
the receipt of bids, and City Manager
recommending award of the contract for the
Seippel Road Water Main Extension Project to
W.C. Stewart Construction, Inc. in the amount of
$98,104.38, presented and read. Markham
moved that the proof and communication be
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received and filed.
Motion carried 7-0.
Seconded by Nicholson.
Regular Session, December 15, 2003
429
RESOLUTION NO. 524-03
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 17th day of Novémber, 2003
pians, specificaijons, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the installation of
approximately 1,400 feet of 16 inch ductile iron
water main along Seippel Road.
Whereas, notice of hearing on the plans,
specificaijons, 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, specificaijons, form of
contract and estimated cost for said
improvements for said project.
Passed, approved and adopted this 15th day
of December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 525-03
AWARDING CONTRACT TO W. C. STEWART
CONSTRUCTION INC. OF DUBUQUE, IOWA
FOR THE CONSTRUCTION OF APPROX-
IMATELY 1,400 FEET OF 16 INCH DUCTILE
IRON WATER MAIN WITH ACCESSORIES
ALONG SEIPPEL ROAD STARTING AT THE
BRIDGE NORTH OF CHAVENELLE ROAD
CONTINUING TO THE NORTH 1,400 FEET.
Whereas, the Selppel Road Water Main
Extension Project has been budgeted; and
Whereas, W. C. Stewart Constructon, Inc. of
Dubuque, Iowa has submitted to the City an
agreement to conduct construction services of
this improvement in the amount of $98,104.38
dollars; 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:
That the City Manager is authortzed to execute
the agreement for constructon services with W.
C. Stewart Constructon, Inc. of Dubuque, Iowa
for the construction of approximately 1 ,400 feet
of 16 inch ductile iron water pipe with
accessones along Seippel Road in the amount
of $98,104.38.
Passed, adopted and approved this 15th day
of December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham _moved adopijon of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Michalski moved that the rules be reinstated
limiting discussion to the Council. Seconded by
Connors. Motion carried 7-0.
ACTION ITEMS
Adams Company - Economic Development
Grant: City Manager recommending approval of
an Economic Development Grant Agreement
between the City of Dubuque and the Adams
Company concerning the Economic
Development Grant to the Company for the
construction of its new facility in Dubuque
Industrial Center West, presented and read.
Cline moved that the communication be
received and filed. Seconded by Michalski.
Motion carried 7-0.
RESOLUTION NO. 526-03
RESOLUTION APPROVING AN AGREEMENT
WITH THE ADAMS COMPANY TO PROVIDE
AN ECONOMIC DEVELOPMENT GRANT TO
THE ADAMS COMPANY PURSUANT TO THE
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE AND THE ADAMS
COMPANY
Whereas, on May 19, 2003 the City Council
approved a Development Agreement with The
Adams Company, which provided among other
things for the purchase by the City of Dubuque
of The Adams Company's property, the
relocation of the company and the construction
of a new in Dubuque Industrial Center West; and
Whereas, in Paragraph 2(d) of the
Development Agreement, the City agreed to
provide an Economic Development Grant to the
Company on the closing date of the City's
purchase of the company's property, or such
other date as the parties shall mutually agree
upon in writing, the purpose of which grant was
to assist the Company with the construction of
its new facility; and
Whereas, the an Economic Development
Grant was not provided at closing because the
cost of the construction of the Company's new
facility had not been determined as of that date;
and
Whereas, the totai cost of the construction of
the Comp~ny's new facility has now been
determined: and
Whereas, the Agreement Re Economic
Development Grant, attached hereto, which has
been approved and executed by the Company,
provides that the City and the Company agree
that the date of the disbursement of the
Economic Development Grant to the Company
by the City will be on or before February 15,
2004;
430
Regular Session, December 15, 2003
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the AGREEMENT RE
ECONOMIC DEVELOPMENT GRANT, attached
hereto, is hereby approved.
Section 2. That the Mayor is hereby authonzed
and directed to execute the Agreement Re
Economic Development Agreement on behalf of
the City of Dubuque, and the City Manager is
hereby authorized to take all such acijons as are
necessary to implement the Agreement.
Passed, approved, and adopted this 15th day
of December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by MichalskI. Motion carried 7-0.
Bee Branch Moratorium: City Manager
submitting the recommendations of the Bee
Branch Ciijzen Advisory Committee (BBCAC)
regarding estabiishment of a permit moratorium
related to the Bee Branch Creek Restoration
Study, presented and read. Nicholson moved
that the communication be received and filed
and approved recommendations. Seconded by
Cline. Carned by the following vote: Yeas-
Buol, Cline, Connors, Markham, Michalski,
Nicholson. Nays-Duggan.
Request to Waive Connection Fees: City
Manager recommending denial of a request
from John Miller to waive City sewer and water
connection fees and building permit fees for
property he wants to develop on Peru Road and
Roosevelt Road, presented and read.
John Miller, 920 Roosevelt St., spoke and
clarified details of his request.
Markham 'moved to receive and file the
communication and approve denial. Seconded
by Connors. No vote taken on this motion.
Michalski moved to table this matter.
Seconded by Nicholson. Motion carried 7-0.
Spirit of Dubuque (Dubuque River Rides, Inc.)
Lease Amendment: City Manager
recommending approval of an amendment to the
lease agreement with Walt and Nancy Webster,
representing Dubuque River Rides, Inc., to allow
for a restaurant with bar and a gift shop on a
new barge they have brought into the Ice
Harbor, presented and read. Cline moved to
receive and file the communications and
approved recommendation. Seconded by
Michalski. Motion carried 7-0.
Fiscal Year 2004 Annual Action Plan -
Amendment #2: City Manager recommending
approval of the second amendment to the Fiscal
Year 2004 Annual Action Plan to reallocate
funds, presented and read. Cline moved that the
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communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 527-03
RESOLUTION APPROVING AN AMENDED
AND RESTATED FISCAL YEAR 2004
(PROGRAM YEAR 2003) ANNUAL PLAN -
AMENDMENT 2 FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS.
Whereas, the City of Dubuque prepared and
filed Annuai Action Plans for Fiscal Years 2003
and 2004; and
Whereas, the City of Dubuque now desires to
amend said Annual Plans by incorporating them
into one amended and restated plan as per the
attached Exhibit A; and
Whereas, said amendment is a substantial
amendment as provided in the City's Citizen
Participation Plan and must therefore be
approved by resolution of the City Council after
a public heanng by the Community Development
Advisory Commission: and
Whereas, the City advertised a public comment
period beginning October 172003; and
Whereas, the Community Development
Advisory Commission reviewed the proposed
amendment at a public hearing on December 2
2003, and has voted to approve said
amendment and to recommend approval by the
City Council.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Annual Action Plans for
Fiscal Years 2003 and 2004 are hereby
rescinded and the balance of funds from these
plans is incorporated into an Amended and
Restated Fiscal Year 2004 (Program Year 2003)
Annual Plan. Amendment 2, attached hereto as
Exhibit A.
Section 2. That said Amended and Restated
Fiscal Year 2004 (Program Year 2003) Annual
Plan - Amendment 2 attached hereto as Exhibit
A is hereby approved.
Section 3. That the City Manager is hereby
authonzed and directed to submit a copy of this
resolution to the U. S. Department of Housing
and Urban Development.
Passed, approved and adopted this 15th day
of December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adopijon of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
IA 32 (Northwest Arterial) Speed Limits: City
Manager recommending approval of a change in
the speed limit on IA 32 (Northwest Artenal)
from US 20 to the northerly limits from 45 miles
per hour to 50 miles per hour at the request of
--
,.'--
the Iowa Department
presented and read.
of Transportaijon,
Regular Session, December 15, 2003
431
An Ordinance Amending the Code of
Ordinances of the City of Dubuque, Iowa, by
revising Subsection (c) of Section 32-231
thereof providing for the establishment of speed
limits on the Northwest Arterial (IA 32),
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 101-03
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, BY REVISING SUBSECTION (C) OF
SECTION 32-231 THEREOF PROVIDING FOR
THE ESTABLISHMENT OF SPEED LIMITS ON
THE NORTHWEST ARTERIAL (IA32)
NOW THEREFORE, BElT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Secijon 1. That the Code of Ordinances of the
City of Oubuque, Iowa, be amended by deleting
the Northwest Arterial from Subsection (c) of
Section 32-231 thereof as follows:
"Sec. 32-231. Limits Generallv.
(c)
FORTY-FIVE (45) MILES PER HOUR
Northwest Artenal, US Highway 20 to J. F.
Kennedy Road
Section 2. That the Code of Ordinances of the
City of Dubuque, be amended by adding the
Northwest Arterial (IA 32) to Subsection (c) of
Section 23-231 thereof as follows:
"Sec. 32-231. Limits Generallv.
(c)
FIFTY (50) MILES PER HOUR
Northwest Arterial (IA 32), from Dodge Street
(US Highway 20) to the northerly City limits.
Passed, approved and adopted this 15th day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Teiegraph Herald
newspaper this 220' day of December, 2003.
Jeanne F. Schneider, City Clerk
11 12/22
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings pnor to
the meeijng at which it is to be finally passed be
suspended and further moved final
consideraijon and passage of the Ordinance.
Seconded by Markham. Motion carned 7-0.
Stop Signs at Jefferson Street and Spruce
Street: City Manager recommending approval of
the installaijon of stop signs for traffic on
Jefferson Street at Spruce Street, presented and
read. Buol moved that the communication be
received and filed. Seconded by Connors.
Motion carried 7-0.
An Ordinance Amending the Code of
Ordinances of the City of Dubuque, Iowa by
modifying Subsection (b) of Section 32-214
thereof providing for the addition of stop signs
on Jefferson Street at Spruce Street, presented
and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 102-03
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, BY MODIFYING SUBSECTION (b) OF
SECTION 32-214 THEREOF PROVIDING FOR
THE ADDITION OF STOP SIGNS ON
JEFFERSON STREET AT SPRUCE STREET
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the
City of Dubuque, Iowa, be amended by adding
Jefferson Street to Subsection (b) of Section 32-
214 thereof as follows:
.Sec. 32-214. Stoo Intersections.
(bl
Eastbound and Westbound
Jefferson Street and Spruce Street
Passed, approved and adopted this 15th day of
December, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Published officially in the Telegraph Herald
newspaper this 220' day of December, 2003.
Jeanne F. Schneider, City Clerk
1t 12/22
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings pnor to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Connors. Motion carried 7-0.
Bus Loading/Unloading and Parking Policy at
Port of Dubuque: City Manager recommending
approval of the implementaijon of a bus
loading/unloading and parking policy at the Port
of Dubuque, presented and read. Cline moved
that the communication be received and filed
and approved recommendaijon. Seconded by
Nicholson. Motion carried 7-0.
Holiday Refuse Collection Allowance: City
Manager recommending approval of the
distribuijon of one free garbage pickup sticker to
each of the City's refuse customers, presented
and read. Cline moved that the communication
432
Regular Session, December 15, 2003
be received and filed and
recommendation. Seconded by
Motion carned 7-0.
approved
Michalski.
Fiscal Year 2005 Budget Heanng Schedule:
City Manager submitting the revised budget
hearing schedule for Fiscal Year 2005,
presented and read. Cline moved that the
communication be received and filed and
approved schedule. Seconded by Buol. Motion
carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Nicholson presented to the
Council the "America's Crown Communities"
award which he received on behalf of the City by
the American City and County Magazine at the
National League of Cities meeting.
PUBLIC INPUT
Ray Taylor objected to more traffic signals on
the NW Artenal.
At 9:54 P.M. Buol moved to go into Closed
Session re: Property Acquisition - Chapter
21.5(1)0) 2003 Code of Iowa. Seconded by
Markham. Motion camed 7-0.
At 10:03 P.M. Council reconvened stating that
staff had been given proper direction.
There being no further business, Markham
moved to adjourn. Seconded by BuoJ. Motion
carried 7-0. The meeting adjourned at 10:04
P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1t 12/24
2004
",'.',"
Special Session, December 18, 2003
433
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, December 18,
2003
Council met in special session at 4:30 p.m. in
Conference Room B at City Hall
Present: Mayor Pro-Tem Cline, Council
Members Buol, Connors, Markham, Michalski,
(by telephone), Nicholson, Assistant City
Manager Steinhauser; Corporation Counsel
Lindahl
Absent: Mayor Duggan
Mayor Pro-Tem Cline read the call and stated
this is a special session of the City Council
called for the purpose of discussing additional
action on the General Fund Capital Loan Notes
for the baseball stadium
Additional Action on $15,000,000 General
Fund Capital Loan Notes: City Manager
recommending that the City Council abandon
the current process to issue $15,000,000
General Fund Capital Loan Notes. Nicholson
moved to table action on this item until no later
than the first Council meeting in April, 2004.
Seconded by Buol. Motion passed 6-0.
Selection of Architect for Baseball Stadium in
Port of Dubuque: City Manager recommending
that no design contract be awarded to provide
architectural services for a baseball stadium.
Buol moved that action on this item be tabled
until no later than the first Council meeting in
Apnl, 2004. Seconded by Markham. Motion
passed 6-0.
There being no further business, Nicholson
moved to adjourn. Seconded by Connors.
Motion carried 7-0. The meeting adjourned at
4:36 p.m.
1t 12/24
/s/ Jeanne F. Schneider
City Clerk
2004
2004
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