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2004 February Counci Proceedings Special Session, February 2, 2004 31 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 2, 2004 Council met in Special Session at 5:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Cline, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl. Absent: Council Member Buol Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of receiving a presentation by the Convention and Visitors Bureau. Sue Czeshinski, Director of the Convention & Visitors' Bureau and Steward Sandstrom, President of the Chamber of Commerce, spoke outlining the encouraging elements of developments in the City and its positive impacts on Dubuque in general and as a tourism destination. There being no further business, Michalski moved to adjourn. Seconded by Cline. Motion carried 6-0. The meeting adjourned at 6:27 P.M. Is! Jeanne F. Schneider, CMC City Clerk 1t 2/11 Approved June 7, 2004 Adopted June 7, 2004 Terrance M. Duggan, Mayor Joyce Connors Patricia Cline Dan Nicholson Ann E. Michalski John H. Markham Roy D. Buol Attest: Jeanne F. Schneider, City Clerk 32 Regular Session, February 2, 2004 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, February 2, 2004 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Cline, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl. Absent: Council Member Buoi Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. Invocation was given by Dr. John E. Kerrigan, Interim President of Loras College. Proclamation: Child Passenger Safety Week (February 8 - 14, 2004) received by Tilly Giellis of Mercy Medical Center. CONSENT ITEMS Minutes and Reports Submitted: Cable TV Regulatory Commission of 1/14; City Council of 1/19 and 1/26; Civil Service of 1/8; Environmental Stewardship Advisory Commission of 1/6; Historic Preservation Commission of 1/15; Housing Code Appeals Board of 12/16; Housing Commission of 12/9; Investment Oversight Advisory Commission of 1/22; Library Board of Trustees of 12/18 and 117; Long Range Planning Advisory Commission of 1/21; Park and Recreation Commission of 1/13; Zoning Board of Adjustment of 1/22, presented and read. Markham moved that the minutes be received and flied. Seconded by Nicholson. Motion carried 6-0. Investment Oversight Commission's 42"d Quarterly Report, presented and read. Markham moved that the communication be received and flied. Seconded by Nicholson. Motion carried 6- O. Carnegie Stout Public Library Board of Trustees Update, presented and read. Markham moved that the communication be received and flied. Seconded by Nicholson. Motion carried 6-0. Substance Abuse Services Center Fiscal Year 2004 Second Quarterly Report, presented and read. Markham moved that the communication be received and flied. Seconded by Nicholson. Motion carried 6-0. Proofs of publication for City Council Proceedings of 12/15, 12/18, and 1/5,. presented and read. Markham moved that the proofs be received and flied. Seconded by Nicholson. Motion carried 6-0. Notice of Claims/Suits: Dubuque Storage and Transfer Company for property damage; Glenview Motel for property damage; Linda C. Hoefflin for personal injury; Lynn Jagielski for personal injury; Eric Schmitt for vehicle damage; Lynn Valley for vehicle damage, presented and read. Markham moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Nicholson. Motion carried 6-0. Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Norma Furry for property damage; Lynne Jagielski for personal injury, Linda Hoefflin for personal injury, presented and read. Markham moved that the communications be received and flied and concurred. Seconded by Nicholson. Motion carried 6-0. Corporation Counsel recommending settlement of the claim of Eric Schmitt for vehicle damage and directing the Finance Department to issue payment, presented and read. Markham moved that the communication be received and filed and concurred and directed Finance Department to issue payment. Seconded by Nicholson. Motion carried 6-0. Citizen Communications: Communication from Michael D. Gibson, Fly- By-Night Productions, expressing concerns regarding the privatization of the Five Flags Civic Center, presented and read. Markham moved that the communication be received and flied. Seconded by Nicholson. Motion carried 6- O. Communication from Brian J. Behr, 9498 Hwy 52 South, regarding the relocation of Apex, presented and read. Markham moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. Residential Parking Permit District: Petition for a Residential Parking Permit District on West 16th Street (Cornell to Fairview), Cornell Street, Pickett Street, May Piace and 15th Street (Cornell to Fairview), presented and read. Markham moved that the communication be received and filed and referred to the City - Manager. Seconded by Nicholson. carried 6-0. Motion Regular Session, February 2, 2004 33 Environmental Stewardship Advisory Commission: Communication from Daniel J. Calvert submitting his resignation from the Environmental Stewardship Advisory Commission, presented and read. Markham moved that the communication be received and flied and accepted the resignation. Seconded by Nicholson. Motion carried 6-0. Iowa Department of Economic Development: Communication from Steven R. McCann, City Development Administrator for the Iowa Department of Economic Development, advising that the City Development Board will review the City's request for a voluntary annexation on February 12, 2004, presented and read. Markham moved that the communication be received and flied. Seconded by Nicholson. Motion carried 6-0. Adams Company Loan Agreement: City Manager recommending approval of a Loan Agreement with American Trust and Savings Bank, authorizing the issuance of $500,000 in General Obligation Loan Notes, and levying a tax to pay the notes for the Adams Company relocation project, presented and read. Markham moved that the communication be received and flied. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 35.04 RESOLUTION APPROVING' AND AUTHOR- IZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $500,000 GENERAL OBLIG- ATION CAPITAL LOAN NOTES, SERIES 2004, AND LEVYING A TAX TO PAY THE NOTES Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the Issuer is in need of funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Iowa Code and the Amended and Restated Urban Renewal Plan for the Dubuque industrial Center Economic Development District, including those costs associated with the funding of an economic development grant to the Adams Company under the Development Agreement dated May 19, 2003 between the City and said developer, an essential corporate purpose, and it is deemed necessary and advisable that a form of Loan Agreement be approved and authorized and General Obligation Capital Loan Notes, Series 2004, in the amount of $500,000 be issued for said purpose; and Whereas, pursuant to notice published as required by Sections 384.24, 384.24A and 384.25 of the City Code of Iowa, as amended, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the Notes, and the Council is therefore now authorized to proceed with the issuance ofthe Notes: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Deflnitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: . "Issuer" and "City" shall mean the City of Dubuque, Iowa. . "Loan Agreement" shall mean a Loan Agreement between the Issuer and a lender or lenders in substantially the form attached to and approved by this Resolution. . "Note Fund" shall mean the fund required to be established by Section 4 of this Resolution. . "Notes" shall mean $500,000 General Obligation Capital Loan Notes, Series 2004, authorized to be issued by this Resolution. . "Paying Agent" shall mean 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 Issuer's agent to provide for the payment of principal of and interest on the Notes as the same shall become due. . "Project" shall mean the costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Iowa Code and the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, including those costs associated with the funding of an economic development grant to the Adams Company under the Development Agreement dated May 19,2003 between the City and said developer. . "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Notes. . "Rebate Fund" shall mean the fund so deflned in and established pursuant to the Tax Exemption Certiflcate. . "Registrar" shall mean 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 Notes. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Notes. . "Resolution" shall mean this resolution authorizing the issuance ofthe Notes. 34 Regular Session, February 2, 2004 . "Tax Exemption Certificate" shall mean the Tax Exemption Certiflcate executed by the City Treasurer and delivered at the time of issuance and delivery of the Notes. . "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 Notes issued hereunder. Section 2. Loan Aqreement. The form of Loan Agreement in substantially the form attached to this Resolution is hereby approved and is authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. Section 3. Lew and Certiflcation of Annual Tax' Other Funds to be Used. (a) Lew of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Notes hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Dubuque, Iowa, to-wit: FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION $71,853 2004/2005 63,955 2005/2006 62,105 2006/2007 60,255 2007/2008 58,405 2008/2009 56,555 2009/2010 54,705 2010/2011 52,855 2011/2012 51,005 2012/2013 49,155 2013/2014 47,304 2014/2015 (NOTE: For example the levy to be made and certifled against the taxable valuations of January 1, 2003, will be collected during the flscal year commencing July 1,2004). (b) Resolution to be Filed With Countv Auditor. A certifled copy of this Resolution shall be flied with the County Auditor of Dubuque County, Iowa, and the Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 3 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Notes issued in anticipation of the tax, and for no other purpose whatsoever. (c) Additional Citv Funds Available. Principal and interest coming due at anytime when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 4. Note Fund. Said tax shall be assessed and collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION CAPITAL LOAN NOTE FUND 2004 NO. ONE" (the "Note Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Notes hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Department of Revenue. Section 5. Application of Note Proceeds. Proceeds of the Notes other than accrued interest except as may be provided below shall be credited to the Project Fund and expended only for the purposes of the Project. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Notes at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Note Fund. Section 6. Investments of Note Fund Proceeds. All moneys held in the Note Fund and the Project Fund, shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2003 (formerly Chapter 452, Code of Iowa, as amended) or deposited in flnancial institulions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in anyone flnancial institution shall be continuously secured in compliance with the State Sinking Fund provided under Chapter 12C of the Code of Iowa, 2003, as amended or otherwise by a valid piedge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Notes as herein provided. Section 7. Note Details Execution and Redemptipn. (a) Note Details. General Obligation Capital Loan,Notes, Series 2004, of the City in the total amount of $500,000, shall be issued to evidence -" Regular Session, February 2, 2004 35 the obligations of the Issuer under the Loan Agreement pursuant to the provisions of Sections 384.24A and 384.24{3)(q) of the City Code of Iowa, as amended, for the aforesaid purpose. The Notes shall be issued in one or more series and shall be on a parity and secured equally and ratably from the sources provided in Section 3 of this Resolution. The Notes shall be designated "GENERAL OBLIGATION CAPITAL LOAN NOTE, SERIES 2004", be dated 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 1, 2004, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rate of 4.07% per annum. Principal of and interest on the Note shall be paid on the dates and in the amounts set forth on the Amortization Schedule attached to the Loan Agreement and incorporated herein by this reference. The Notes shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the City Clerk, and impressed or printed with the seai of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Note. (b) Redemption. Principal of the Notes 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, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, pius accrued interest to date of call. Thirty days' notice of redemption shall be given by certifled mail to the registered owner of the Note. Failure to give such notice by mail to any registered owner of the Notes or any defect therein shall not affect the validity of any proceedings for the redemption of the Notes. Ail notes or portions thereof called for redemption will cease to bear interest after the specifled redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the notes to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of notes to be called has been reached. Section 8. Reqistration of Notes' Aooointment of ReGistrar' Transfe~ Ownership' Deliverv' and Cancellation. (a) Reqistration. The ownership of Notes may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Notes, and in no other way. The City Treasurer is hereby appointed as Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Notes for the payment of principal of and interest on the Notes as provided in this Resolution. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial Code subject to the provisions for registration and transfer contained in the Notes and in this Resolution. (b) Transfer. The ownership of any Note may be transferred only upon the Registration Books kept for the registration and transfer of Notes 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 security number or federal employer identiflcation 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 Note (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Note, a new fully registered Note, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Note, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) ReGistration of Transferred Notes. In all cases of the transfer of the Notes, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Notes, in accordance with the provisions of this Resolution. (d) Ownershio. As to any Note, 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 Notes and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Notes which have been redeemed shall not be reissued but shall be cancelled by the Registrar. Ail Notes which are 36 Regular Sèssion, February 2, 2004 cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that IT the Issuer shall so direct, the Registrar shall forward the cancelled Notes to the Issuer. (f) Non-Presentment of Notes. In the event any payment check representing payment of principal of or interest on the Notes is returned to the Paying Agent or if any note is not presented for payment of principal at the maturity or redemption date, IT funds sufficient to pay such principal of or interest on Notes 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 Notes 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 Notes who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resoiution or on, or with respect to, such interest or Notes. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such Interest or Notes of whatever nature shall be made upon the Issuer. (g) Realstration and Transfer Fees. The Registrar may furnish to each owner, at the Issue~s expense, one note for each annual maturity. The Registrar shall furnish additional Notes in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated. Destroved Stolen or Lost Notes. In case any outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Note of like tenor and amount as the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of and substitution for the Note destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Note 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 re9ulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Note, shall be made to the registered holder thereof or to their designated Agent as the same appear on the books of the Registrar on the 15th day preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Notes to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Note to the Paying Agent. Section 11. Execution Authentication and Deliverv of the Notes. The Mayor and Clerk shall execute and deliver the Notes to the Registrar, who shall authenticate the Notes and deliver the same to or upon order of the Purchaser. No Note 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 Note a Certificate of Authentication substantially in the form of the Certiflcate herein set forth. Such Certificate upon any Note executed on behalf of the Issuer shall be conclusive evidence that the Note so authenticated has been duly issued under this Resolution and that the holder thereof Is entitled to the benefits of this Resolution. Section 12. Riqht to Name Substitute Pavinq Aaent or Reaistrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered noteholder. Section 13. Form of Note. Notes shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially In the form as follows: Regular Session, February 2, 2004 37 S',,"onl3. FmmofNot,. Not"",.JJbeprintodinsub"..ri"compli.nÅ“wiili """"""'p'oposud byili, Amon"", S"'n"""" In,rituto substmrtiwlyiD ili, fonn" follow", (0) (0) (7) (8) (I) (1) (j) (4) [0) (9) (9.) I (10) (Conrinu'" on ili, book ofiliis Not,) I (tJXUXJj) (t4) (Jj) FIGURE I (F.ont) (10) (16) (ContiDu,d) FIGURE 2 (B><ek) 38 Regular Session, February 2, 2004 The text of the Notes to be located thereon at the item numbers shown shall be as follows: Item1,figure1 = "STATE OF IOWA" "COUNTY OF DUBUQUE" "CITY OF DUBUQUE" "GENERAL OBLIGATION CAPITAL LOAN NOTE" "SERIES 2004" Item 2, flgure 1 = Rate: 4.07% Item 3, flgure 1 = Maturity: Item 4, flgure 1 = Note Date: the date of delivery Item 5, flgure 1 = Cusip No.: Item 6, figure 1 = "Registered" Item 7, figure 1 = Certiflcate No. Item 8, figure 1 = Principal Amount: $ Item 9, flgure 1 = The City of Dubuque, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issue('), for value received, promises to pay from the source and as hereinafter provided, to Item 9A, flgure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, flgure 1 = or registered assigns, the principai sum of (orincioal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity dates set forth on the Amortization Schedule attached hereto and incorporated herein by this reference, only upon presentation and surrender hereof at the office of the City Treasurer, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on June 1, 2004, and semiannually thereafter on the 1st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Note as shown on the records of ownership maintained by the Registrar as of the 15th day preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 3D-day months. This Note is issued pursuant to the provisions of Sections 384.24A and 384.24(3)(q) of the City Code of Iowa, as amended, for the purpose of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Iowa Code and the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, including those costs associated with the funding of an economic development grant to the Adams Company under the Development Agreement dated May 19, 2003 between the City and said developer, and in order to evidence the obligations of the Issuer under a certain Loan Agreement dated as of the date hereof, in conformity to a Resolution of the Council of the Issuer duly passed and approved. For a complete statement of the revenues and funds from which and the conditions under which this Note is payable, a statement of the conditions under which additional Notes of equal standing may be issued, and the general covenants and provisions pursuant to which this Note is issued, reference is made to the above described Loan Agreement and Resolution. This Note 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, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by certified mail to the registered owner of the Note. Failure to give such notice by mail to any registered owner of the Notes or any defect therein shall not affect the validity of any proceedings for the redemption of the Notes. All notes or portions thereof called for redemption will cease to bear interest after the specifled redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the notes to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of notes to be called has been reached. Ownership of this Note 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 Note at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered notehoiders of such change. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial Code and subject to the provisions for registration and transfer contained in the Note Resolution. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Note, have been existent, had, done and performed as required by iaw; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Note as the same will respectively become due; that the faith, -- ~",-- ----',,""-"'-~" Regular Session, February 2, 2004 39 credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest, and the total indebtedness of the Issuer including this Note, does not exceed the constitutional or statutory limitations. This Note is a "qualifled tax-exempt obligation" designated by the Issuer for purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Note to be signed by the manual signature of its Mayor and attested by the manual signature of its City Clerk, with the seal of said City impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, City Treasurer, Dubuque, Iowa. Item 11, flgure 1 = Date of Authentication: Item 12, flgure 1 = This is one of the Notes described in the within mentioned Resolution, as registered by the City Treasurer. CITY TREASURER, Registrar By: Authorized Signature Item 13, flgure 1 = Registrar and Transfer Agent: City Treasurer Paying Agent: City Treasurer SEE REVERSE FOR DEFINITIONS Item 14, flgure 1 = (Seal) Item 15, flgure 1 = [Signature Block] CITY OF DUBUQUE, IOWA By: (manual siqnature) Mayor ATTEST: By: (manual siqnature1 City Clerk Item 16, flgure 2 = [Assignment Block] [Information Required for Registration] ASSIGNMENT For vaiue received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax identification No. ) the within Note and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Note on the books kept for registration of the within Note, 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 certiflcate(s) or Note(s) in every particuiar without alteration or eniargement or any change whatever. Signature guarantee must be CERTAIN 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) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual' - Corporation Partnership_Trust 'If the Note is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Note, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties 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 BE ALSO USED THOUGH NOT IN THE ABOVE LIST Section 14. Contract Between Issuer and Purchaser. This Resolution shall constitute a contract between said City and the purchaser of the Notes. Section 15. Non-Arbitraoe Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Notes issued hereunder which will cause any of the Notes to be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the Internal Revenue Code of the United States, and that throughout the term of the Notes it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Notes will be used in a manner that would cause the Notes to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax FOR 40 Regular Session, February 2, 2004 Exemption Certiflcate are hereby incorporated by reference as part of this Resolution. The City Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certiflcate in ail respects and to execute and deliver the Tax Exemption Certiflcate at issuance of the Notes to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 16. Severabilitv Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 17. Additional Covenants Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Notes from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Notes; (c) consuit with bond counsel (as defined in the Tax Exemption Certiflcate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Notes; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (I) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, flnancial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 18. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Notes if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Notes under applicable Federal law or regulations. Section 19. Qualified Tax-Exempt Obliqations. For the sole purpose of qualifying the Notes as "Qualifled Tax Exempt Obligations" pursuant to the Internal Revenue Code of the United States, the Issuer designates the Notes as qualifled tax- exempt obligations and represents that the reasonably anticipated amount of tax exempt governmental and Code Section 501 (c)3 obligations which will be issued during the current calendar year will not exceed Ten (10) Million Dollars. Section 20. Repeal of Conflictinq Resolutions or Ordinances. All ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Passed, approved and adopted this 2nd day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Acceptance of Warranty Deeds - US 20 Widening Project: City Manager recommending acceptance of warranty deeds for property purchased for the US Highway 20 widening project, presented and read. Markham moved that the communication be received and flied. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 36-04 A RESOLUTION ACCEPTING A CONVEY- ANCE OF PROPERTY BEING A PART OF LOT 1 OF WILSON BROS. PLACE TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement dated December 10, 2003, and recorded as Instrument No. 32096-03 in the office of the Recorder of Dubuque County with Marion Realty, Inc., pursuant to which Marion Realty, Inc. agreed to convey a part of Lot 1 of Wilson Bros. Place in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Marion Realty, Inc. has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Marion Realty, Inc., copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 2nd day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 37-04 A RESOLUTION ACCEPTING A CONVEY- ANCE OF PROPERTY BEING A PART OF LOT 1 OF RAMADA INN PLACE TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement dated August 5, 2003, and recorded as Instrument No. 20862-03 in the office of the Recorder of Dubuque County with Jodeil A. Van Duyn and John R. Van Duyn, pursuant to which Jodell A. Van Duyn and John -- Regular Session, February 2, 2004 41 R. Van Duyn agreed to convey a part of Lot 1 of Ramada Inn Place in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Jodell A. Van Duyn and John R. Van Duyn have executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Jodell A. Van Duyn and John R. Van Duyn, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 2"d day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 38-04 A RESOLUTION ACCEPTING A CONVEY- ANCE OF PROPERTY BEING A PART OF LOT 1 OF 1 OF HARWOOD PLACE IN SECTION 27, DUBUQUE TOWNSHIP, TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement dated December 15, 2003, and recorded as Instrument No. 32230-03 in the office of the Recorder of Dubuque County with WCB Hotels, Inc., pursuant to which WCB Hotels, Inc. agreed to convey a part of Lot 1 of 1 of "Harwood Place" in Section 27, Dubuque Township, in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, WCB Hotels, Inc. has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from WCB Hotels, Inc., copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behaW of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 2nd day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 39.04 A RESOLUTION ACCEPTING A CONVEY- ANCE OF PROPERTY BEING A PART OF LOT 1 OF CENTER GROVE METHODIST EPISCOPAL CHURCH AND CEMETERY SUBDIVISION TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement dated August 14, 2003, and recorded as Instrument No. 22382-03 in the office of the Recorder of Dubuque County with the Center Grove Methodist Episcopal Cemetery Association, pursuant to which Center Grove Methodist Episcopal Cemetery Association agreed to convey a part of Lot 1 of Center Grove Methodist Episcopal Church and Cemetery Subdivision in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, the Center Grove Methodist Episcopal Cemetery Association has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Center Grove Methodist Episcopal Cemetery Association, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on ,behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 2nd day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 40-04 A RESOLUTION ACCEPTING A CONVEY- ANCE OF PROPERTY BEING TWO PARTS OF LOT 1 OF 1 OF 1 OF 1 OF 1 OF HAWKEYE STOCK FARM IN SECTIONS 27 AND 28, DUBUQUE TOWNSHIP, TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement dated September 3, 2003, and recorded as Instrument No. 26960-03 in the office of the Recorder of Dubuque County with the Kennedy Mall Ltd., LLC., pursuant to which Kennedy Mall Ltd., LLC. agreed to convey two parts of Lot 1 of 1 of 1 of 1 of 1 of Hawkeye Stock Farm in Sections 27 and 28, Dubuque Township, in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, the Kennedy Mall Ltd., LLC. has executed a conveyance of said property. 42 Regular Session, February 2, 2004 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Kennedy Mall Ltd., LLC., copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and' directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 2nd day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 41-04 A RESOLUTION ACCEPTING A CONVEY- ANCE OF PROPERTY BEING A PART OF LOT 2 OF 1 OF 1 OF 1 OF CORRECTION PLAT OF LOT 1 OF MINERAL LOT 246 TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement dated December 3,2003, and recorded as Instrument No. 31561-03 in the office of the Recorder of Dubuque County with CNL Funding 2000-A, LP., pursuant to which CNL Funding 2000-A, L.P. agreed to convey a part of Lot 2 of 1 of 1 of 1 of Correction Plat of Lot 1 of Mineral Lot 246 in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, CNL Funding 2000-A, LP. has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from CNL Funding 2000-A, L.P., copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 2nd day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 42.04 A RESOLUTION ACCEPTING A CONVEY- ANCE OF PROPERTY BEING A PART OF LOT 1 OF CLEVE PLACE TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement dated September 29, 2003, and recorded as Instrument No. 26959-03 in the office of the Recorder of Dubuque County with Bradley Operating Limited Partnership, pursuant to which Bradley Operating Limited Partnership agreed to convey a part of Lot 1 of Cleve Place in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Bradley Operating Limited Partnership has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Bradley Operating Limited Partnership, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 2nd day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Iowa Department of Transportation: Communication from Richard Kautz, Iowa Department of Transportation, advising that the IDOT does not intend to conduct a traffic study or hold a public hearing concerning the Apex Company rezoning issue, presented and read. Markham moved that the communication be received and flied. Seconded by Nicholson. Motion carried 6-0. Fiscal Year 2004 Airport Capital Improvement Project: City Manager recommending approval of the addition of three Fiscal Year 2004 capital improvement projects in the total amount of $30,000 at the Dubuque Regional Airport, presented and read. Markham moved that the communication be received and flied and approved recommendation. Seconded by Nicholson. Motion carried 6-0. Garfield Place Urban Revitalization Plan: Communication from the Long Range Planning Advisory Commission advising that the Amended and Restated Garfield Place Urban Revitaiization Area Plan is consistent with the Comprehensive Plan and recommending City Council adoption, presented and read. Markham moved that the communication be received and ,---~ Regular Session, February 2, 2004 43 flied and approved recommendation. Seconded by Nicholson. Motion carried 6-0. John F. Kennedy Road Reconstruction Project: City Manager recommending acceptance of the John F. Kennedy Road Reconstruction Project as completed by Flynn Company in the flnal contract amount of $1,305,965.50 and adoption of the preliminary schedule of flnal assessments, presented and read. Markham moved that the communication be received and flied. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 43.04 ACCEPTING IMPROVEMENT Whereas, the contract for the John F. Kennedy Reconstruction (Spring Valley Road to Barony Drive) Project has been completed and the City Manager has examined the work and flied his certiflcate 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 Street Construction Fund, the Local Option Sales Tax Fund, and the Water Depreciation Fund in amounts equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 2nd day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 44-04 FINAL ESTIMATE Whereas, the contract for the John F. Kennedy Reconstruction (Spring Valley Road to Barony Drive) Project has been completed and the City Engineer has submitted his flnal 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 $1,365,604.23 and the said amount shall be paid from the Street Construction Fund, Local Option Sales Tax Fund, and the Water Depreciation Fund of the City of Dubuque, Iowa. Section 2. That $118,740.51 of the cost thereof shall be assessable upon private property and $1,012,580.76 shall be paid from the Street Construction Fund, the Local Option Sales Tax Fund, and the Water Depreciation Fund. Passed, approved and adopted this 2nd day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 45-04 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF FINAL ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, 1 to 1 inclusive, are hereby determined to be the preliminary schedule of flnal assessments for the John F. Kennedy Reconstruction (Spring Valley Road to Barony Drive) Project and the valuations set out herein are hereby approved. Passed, approved and adopted this 2nd day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. 2003 Sidewalk Assessment Project: City Manager recommending approval of the flnal assessment schedule for the 2003 Sidewalk Assessment Project, presented and read. Markham moved that the communication be received and flied. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 46-04 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2003 SIDEWALK ASSESSMENT PROJECT INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESS- MENTS ARE DIVIDED, THE INTERST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLIC NOTICE THEREOF NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the flnal schedule of assessment proposed to be made for the construction of the 2003 Sidewalk 44 Regular Session, February 2, 2004 Assessment Project under contract with Skyline Construction of Zwingle, Iowa, which final plat and schedule were flied in the office of the City Clerk on the 28th day of January, 2004, the said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deflciencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-flve percent of the value of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certiflcation once each week for two consecutive weeks in the manner provided in Section 362.3, the first pubiication of which shall be not more than flfteen days from the date of fliing of the flnal schedule. On or before the date of the second pubiication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. That assessments may be paid in full or in part without interest at the office of the City Treasurer, at any time within 30 days after the date of the flrst pubiication of this notice of the filing of the flnal schedule of assessments with the County Treasurer. After 30 days unpaid assessments of $100.00 or more are payable in 10 annual installments and wiil draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to the December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment wili be deiinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual instailments semiannually in advance. Passed, approved and adopted this 2nd day of February, 2004. Terrance M. Dug9an, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE 2003 SIDEWALK ASSESSMENT PROJECT SCHEDULE OF FINAL ASSESSMENTS The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby flxed as the true vaiuations of such lots by the City Council of the City of Dubuque. PROPERTY OWNER PARCEL # ADDRESS LOCATION LEGAL IMPROVEMENT COST Penly, Gilbert G. & Anne 10-22-402-004 2118 Morningview 2118 Morningview Lot 14 Blk 2 Hillcrest Park $71,448.60 $188.60 Cavanaugh, Brian D. & Denise 10-21-205-041 2241 Suzanne Drive 2241 Suzanne Drive Lot 12 Blk 5 Sunset Park #2 $85,429.20 $239.20 Debacker, Danell A 10-26-428-006 40 Nevada 40 Nevada Lot 5 Murphy Sub $70,857.20 $147.20 Oppedahl, Mark A 10-26-477-004 180 S. Booth 180 S. Booth Lot 20 ML 149 & S.91' Lot1-19 ML 149 $205,376.80 $496.80 Oppelt, David & Maurella10-21-459-005 1726Sharon 1726Sharon Lot12Blk5 Key Knoils Sub $105,513.60 $1,223.60 Rennison, Jennifer 10-24-379-005 1130 Race 1130Race N19'Lot14&S13'Lot15 Cummins Sub $58,275.60 $165.60 Bodnar, Patricia M. 10-22-333-014 2065 Broadlawn 2065 Broadlawn Lot 7 Blk 5 Hillcrest Park $63,694.40 $294.40 Associates Finance Inc Div CitiflnanciaI10-24- 208-023 1111 Northwest Ste 100 Bldg 4 Coppell TX 75019 2107 Jackson Lot 1-1-1-1 Sub N 54' E 1/2 40 & E 1/239 LH Langworthy $70,312.00 $782.00 Burke, Michael J. & Amy M. 10-26-428-001 90 Nevada 90 Nevada S 50' Lot 10 Murphy Sub $77,185.00 $115.00 Zodiac Properties LLC 10-26-229-013 2840 Summer Drive 925 Nevada Lot 2 Schiltz Sub $103,947.50 $517.50 Bussan, Jeffrey A. & Georgia L. 10-26-229-009 985 Nevada 985 Nevada Lot 6 Schiltz Sub $80,285.00 $345.00 Hughes, Brian L. & Coleen R. 10-26-284-001 1297 Langworthy 1297 Langworthy Lot 1-28 J Langs Add $63,676.80 $496.80 Jellison, Tina M. & Jason J. 10-13-133-016 2943 Balke 2943 Balke Lot 37 Belmont Addition $97,428.00 $828.00 Copeland, Carol 10-13-462-010 1330 Locust 2217 Queen Lot 1 Sacred Heart Place $483,485.60 $165.60 Schramm, Karla M.10-13-379-030 2305 Prince 2409-2411 Jackson Lot 2 New Jackson Sub $39,613.75 $143.75 Schramm, Karla M. 10-24-287-001 2305 Prince 1499 Eim N 19.2' Lot 146 East Sub Add $26,928.75 $948.75 Lapage, Lester G. & Diane L. 10-21-461-027 1702 Richie Drive 1702 Richie Drive Lot 1 Blk 4 Key Knolls Sub $95,947.20 $607.20 Maahs, Dolores 10-21-460-015 1703 Richie Drive1703 Richie DriveLot 1 Blk 3 Key Knolls Sub $109,285.00 $115.00 "" Regular Session, February 2, 2004 45 Zelinskas-Palzkill, Ellen J. & Bradley 10-25- 351-003125 S. Hill Street 125 S. Hill Street Lot 1-1 Sub 24-25 Stewarts Sub $82,452.00 $552.00 Hantiemann, Jane E. 10-36-105-007 649 S. Grandview 649 S. GrandviewLot 13 Blk 5 & Lot 14 Blk 5 Grandview Park Add $97,695.00 $345.00 Kamm, Holly G.10-12-451-002 3495 Windsor Ave Dubuque IA 52001 3495 Windsor Lot 2-3 Stone Hill Comm. Sub #1 $131,124.40 $754.40 Kern, Paul E. 10-26-430-019 74 S. Grandview 74 S. Grandview pt Lots 1-1-2-1-16 & 2-1-1- 1-16 & 1-16B McClains Sub & 2-2 Wallis Heights $149,538.00 $368.00 White, Michael J. & Julie A. 10-26-430-022 100 S. Grandview 100 S. Grandview Lots 2- 10,1-12,11 Wallis Hgts & Lots 1-2-16B McClains Sub $169,882.55 $962.55 Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Quarterly Investment Report: City Manager transmitting the December 31, 2003 Quarterly Investment Report, presented and read. Markham moved that the communication and report be received and flied. Seconded by Nicholson. Motion carried 6.0. Iowa Governor's Traffic Safety Application: City Manager recommending approval of an Iowa Governor's Traffic Safety Application for additional traffic safety funds for the detection and apprehension of impaired drivers, presented and read. Markham moved that the communication be received and flied and approved recommendation. Seconded by Nicholson. Motion carried 6-0. Carter Road Detention Basin Property Acquisition: City Manager recommending approval to establish the fair market value of one parcel of land and an easement necessary to be acquired for the Carter Road Detention Basin and authorization to negotiate for purchase of the property and the easement, presented and read. Markham moved that the communication be received and flied. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 47-04 ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN REAL PROPERTY OWNED BY DELBERT G. MILLER IN THE CITY OF DUBUQUE, IOWA WHEREAS, the City of Dubuque (City) intends to acquire certain real property owned by Delbert G. Miller (Owner), legally described as follows (the Property): Lot 2-2-A-2-2-2-1-1-1-1-1 of Clarence Arlen Place and Lot 2-1-1-1-1-1-1-1-2-3-1 of Highland Farm Addition, all in the City of Dubuque, Dubuque County, Iowa as shown on Exhibit A attached hereto for the purpose of stormwater storage and the relocation of the sanitary sewer for the Carter Road Detention Basin; AND WHEREAS, Iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase the Property before proceeding with condemnation; AND WHEREAS, City may not make an offer to purchase the Property which is less than the fair market value City has established for the Property; AND WHEREAS, City has caused an appraisal of the Property to be made and the appraised value of the Property is $45,000.00. AND WHEREAS, the City Council now desires to establish the fair market value of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The fair market value of the Property is hereby established to be $45,000.00. 2. The City Manager and the Corporation Counsel are hereby authorized to commence negotiations with the Owner of the Property and any other interested parties for the purchase of the Property for a purchase price which is not less than the fair market value established by this Resolution. Passed, approved and adopted this 2nd day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 48.04 ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN INTERESTS IN REAL PROPERTY OWNED BY LARRY W. AND KATHY F. MILLER IN THE CITY OF DUBUQUE, IOWA WHEREAS, the City of Dubuque (City) intends to acquire an easement as shown on Exhibit A on certain real property owned by Larry W. and Kathy F. Miller (Owner), legally described as follows (the Property): Lot A of West Ridge 3'd Addition, in the City of Dubuque, Dubuque County, Iowa for the purpose of stormwater storage associated with the Carter Road Detention Basin; AND WHEREAS, iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase a property interest before proceeding with condemnation; AND WHEREAS, City may not make an offer to purchase a property interest which is less 46 Regular Session, February 2, 2004 than the fair market value City has established for the property; AND WHEREAS, City has caused an appraisal of the interest to be made and the appraised value of the interest is $5,950.00; AND WHEREAS, the City Council now desires to establish the fair market value of the interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The fair market value of the easement as shown in Exhibit A is hereby established to be $5,950.00. 2. The City Manager and the Corporation Counsel are hereby authorized to commence negoliations with the Owner of the Property and any other interested parties for the purchase of the easement as shown in Exhibit A which is not less than the fair market value established by this Resolution. Passed, approved and adopted this 2nd day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Police Department Fire Proof Vests: City Manager recommending replacement of the Ultima II vests currenüy in use by the Police Department, which have been found to be defective, with the Second Chance Monarch Summet Bulletproof Vests at a cost of $17,061.61, presented and read. Markham moved that the communication be received and flied and approved recommendation. Seconded by Nicholson. Motion carried 6-0. Business Licenses: RESOLUTION NO. 49.04 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 flied proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Lee W. Potter SR Lee's 76/W Locust Mart+ (Sunday Sale) 408 W Locust DBQ Discount Gas, IncDubuque Discount Gas+ (Sunday Sale) 4110 Dodge St Hill Street Plaza, Inc Oky Doky # 8+ (Sunday Sale) 535 Hill St Inocente Rubio EI Paisono 1543 Central Ave Passed, approved and adopted this 2nd day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 50-04 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 flied proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE Town Clock Inn, Inc Town Clock Inn 799 Town Clock The Apartment, LId Dubuque Mining Com+ (Sunday/Outdoor Sale) 555 JFK Rd James Goetzinger Goetz's+ (Sunday Sale) 2776 Jackson Pusateri Enterprises Inc. Pusateris+ (Sunday Sale) 2400 Central Ave Passed, approved and adopted this 2nd day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. ITEMS TO BE SET FOR PUBLIC HEARING Old Mill Road Property - Lease Agreement: . City Manager recommending that a public hearing be set for February 16, 2004, to consider a lease agreement with David Hartig for four properties on Old Mill Road which the City acquired through the Hazard Mitigation Grant Program (HMGP) and which must remain open green space as a condition of the HMGP program, presented and read. Cline moved to received and flied the communication. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 51-04 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY LEASE WITH DAVID S. HARTIG, JR. WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following properties: Lot 1-1-2-1 Mineral Lot 507 -- ,. ,..-. Regular Session, February 2, 2004 47 Lot 1-1-2-1-2-1-4 Mineral Lot 501 Lot 2-1-2-1-1-2-1-4 Mineral Lot 501 Lot 2 Papke Place Lot 1-1-2-1-1-2-1-4 Mineral Lot 501 Lot 2-1-1-1-1-2-1-4 Mineral Lot 501 Lot 2-1-2-1-2-1-4 Mineral Lot501; and City intends to purchase Lot 1 Old Mill Place, all of which properties are referred to herein as the City Property; and WHEREAS, David S. Harlig, Jr. (Hartig) proposes to lease the City Property on the terms set forth in the attached Lease Agreement; and WHEREAS, the City Council of the City of Dubuque, Iowa, has determined that it is in the best interests of the City to lease the City Property to Hartig. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque, Iowa, intends to dispose of its interest in the foregoing- described City Property by Lease Agreement between City and David S. Hartig, Jr., a copy of which is attached hereto. Section 2. The City Cterk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing- described City Property, to be held on the 16th day of February, 2004, at 6:30 o'clock p.m. at the public library audtlorium, 11th & Locust, Dubuque, Iowa. Passed, approved and adopted this 2nd day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and set it for public hearing on 2/16/04 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 Nichoison. Motion carried 6-0. Fremont Avenue Reconstruction Project: City Manager recommending initiation of the bidding process for the Fremont Avenue Reconstruction Project and that a public hearing be held on March 1, 2004, presented and read. Cline moved to received and flied the communication. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 52-04 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, speciflcations, form of contract and estimated cost for the Fremont Avenue Reconstruction Project in the estimated amount $945,540.38 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 2nd day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 53-04 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Fremont Avenue Reconstruction Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 1" day of March, 2004, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circuiation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day flxed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 2nd day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne, F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 54-04 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, iOWA: That the attached sheets, Page 1 to Page 1 inclusive, are hereby determined to be the schedule of proposed assessments for the Fremont Avenue Reconstruction Project and the valuations set out herein are hereby approved. Passed, approved and adopted this 2nd day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. 48 Regular Session, February 2, 2004 RESOLUTION NO. 55-04 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 flie in the office of City Cierk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showin9 the amount proposed to be assessed against each lot and the valuation of each lot as flied by the City Council, for the Fremont Avenue Reconstruction 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 flle with the City Clerk objections to the Resolution of Necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of usin9 the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and speciflcations which have been approved by the City Council and now on file with the City Clerk. 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 beneflts conferred. The portion of the cost which shall be borne by the City will be paid from Road Use Tax, Sanitary Sewer Construction Fund, Watermain 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 flIe with the City Clerk this 2nd day of February, 2004. Approved and placed on flIe for final action. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 56-04 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, speciflcations and form of contract and placed same on file in the office of the City Clerk for public inspection ~-----~~. . for the Fremont Avenue Reconstruction Project; and Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on flIe 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 1't day of March, 2004, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium 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 flnal 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 circulation in the City of Dubuque, Iowa, which notice 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 flxed for its consideration. Unless property owners at the time of the flnal consideration of this proposed resolution have on flIe with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved 2"d day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and set it for public hearing on 3/1/04 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 carried 6-0. RESOLUTION NO. 57-04 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Fremont Avenue Reconstruction Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved as a part of the plans and speciflcations heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the -- -- Regular Session, February 2, 2004 49 City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-flve days prior to the receipt of said bids at 2:00 p.m. on the 4th day of March, 2004. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for flnal action at 6:30 p.m. on the 15th day of March, 2004. Passed, adopted and approved this 2nd day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. BOARDS/COMMISSIONS Applicants are invtted to address the Council regarding their desire to serve on the following Commission: Community Development Advisory Commission (Two 3-Year At-Large Terms to Expire 2/15/07 - Terms of Giesen and Maloy and One 3-Year Low/Moderate Income Term to Expire 2/17/07 - Vacant): Applicants: James Giesen and Paula Maloy, SVM No one spoke. PUBLIC HEARINGS Michalski moved to suspend the rules to allow anyone present to speak if they so desire. Seconded by Markham. Motion carried 6-0. Downtown Master Plan: Proof of publication on notice of hearing to consider adoption of the Downtown Master Plan; Communication from the Long Range Planning Advisory Commission recommending adoption of the Downtown Master Plan; City Manager transmitting transcriptions of the public comments received to date at the display of the Downtown Master Plan located in the Carnegie-Stout Public Library; City Manager transmitting revised Action Matrices by Timeframe for the Downtown Master Plan as requested by the City Council; Communication from the Historic Preservation Commission in support of the Downtown Master Plan; Communication from the Community Development Advisory Commission in support of the Downtown Master Plan; Communication from Dubuque Initiatives in support of the Downtown Master Plan; Communication from James M. Pfohl, President of The Fischer Companies, requesting that the Downtown Master Plan be approved; Communication from Dubuque Main Street in support of the Downtown Master Plan; Communication from the Housing Commission in support of the Downtown Master Plan; Communication from the Dubuque Area Chamber of Commerce in support of the Downtown Master Plan; Communication from the Dubuque Cultural Alliance in support of the Downtown Master Plan; Communication from the Iowa Department of Economic Deveiopment in support of the Downtown Master Plan, presented and read. Cline moved that the proof and communications be received and flied. Seconded by Cline. Motion carried 6-0. Dave Rusk, Chair of Downtown Planning Committee, spoke and introduced members of the committee and gave the history of the Master Plan. Ann Ricker of Leland Consulting, and Planning Services Manager Laura Carstens spoke clarIfying specifics of the plan. Dean Rampson, 1198 Bluff St., spoke requesting consideration of having a street car run through the City. RESOLUTION NO. 58-04 RESOLUTION ADOPTING THE DOWNTOWN DUBUQUE MASTER PLAN Whereas, the City of Dubuque has adopted the 2002 update of the Dubuque Comprehensive Plan; and Whereas, the City of Dubuque has updated the 1994 Riverfront Ptan, a component of the Comprehensive Ptan, with the adoption of the 2002 Port of Dubuque Master Plan; and Whereas, the City of Dubuque has adopted Vis/on Downtown as the community's consensus vision for the future of Downtown Dubuque; and Whereas, the Downtown Planning Committee, a sub-committee of the Long Range Planning Advisory Commission, has undertaken a master planning process to prepare the Downtown Dubuque Master Plan based on Vision Downtown and incorporating the downtown riverfront plans adopted in the 2002 Port of Dubuque Master Plan; and Whereas, a downtown redevelopment plan is a component of the Comprehensive Plan under Section 36-2. (12) c; and Whereas, the Long Range Planning Advisory Commission held a public hearing on the Downtown Dubuque Master Plan and found it to be consistent with the Comprehensive Plan; and Whereas, the Long Range Planning Advisory Commission has recommended adoption of the Downtown Dubuque Master Plan; and Whereas, the City Council has held a public hearing on the Downtown Dubuque Master Plan and found it to be consistent with the Comprehensive Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Downtown Dubuque Master Plan is hereby adopted in its entirety as a component of and consistent with the Comprehensive Plan. Passed, approved and adopted this 2nd day of February, 2004. Terrance M. Duggan, Mayor 50 Regular Session, February 2, 2004 Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 6-0. Westbrook Sanitary Sewer Extension Project: Proof of publication on notice of hearing and notice to bidders and City Manager recommending award of the contract for the Westbrook Sanitary Sewer Extension Project to Callahan Construction in the amount of $127,141, presented and read. Cline moved that the proof and communication be received and flied. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 59-04 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 29th day of December, 2003, plans, specifications, form of contract and estimated cost were flied with the City Clerk of Dubuque, iowa for the Westbrook Subdivision Sanitary Sewer Extension - Phase I project. Whereas, notice of hearing on plans, speciflcations, 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, speciflcations, 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 2nd day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 60-04 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Westbrook Subdivision Sanitary Sewer Extension Project- Phase 1 pursuant to Resolution No. 15-04 and notice to bidders published in a newspaper pubiished in the City of Dubuque, Iowa on the 9th day of January, 2004. Whereas, said sealed proposals were opened and read on the 22nd day of January, 2004, and it has been determined that the bid of Callahan Construction, Inc. of Dubuque, Iowa, in the amount of $127,141.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Callahan Construction, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 2nd day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Markham moved that the rules be reinstated Iimitin9discussion to the Council. Seconded by Connors. Motion carried 6-0. ACTION ITEMS Stone Brook Center Second Addition: City Manager recommending approval of the flnal plat of Stone Brook Center Second Addition located along US Highway 20 north of the access drive for Barrington Lakes Subdivision, presented and read. Cline moved that the communication be received and flied. Seconded by Michalski. Motion carried 6-0. RESOLUTION NO. 61-04 A RESOLUTION APPROVING THE FINAL PLAT OF STONE BROOK CENTER SECOND ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been flied with the City Clerk a flnal plat of Stone Brook Center Second Addition in the City of Dubuque, Iowa; and Whereas, upon said flnal plat appears streets to be known as Stone VaHey Drive (Lot A) and Boulder Brook Court (Lot B), together with certain public utility easements, which the owners by said flnal plat have dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval en<;iorsed thereon; and Whereas, said flnal plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 below; and Whereas, said flnal plat has been examined by the City Council and they flnd that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, February 2, 2004 51 Section 1. That the dedication of Stone Valley Drive (Lot A) and Boulder Brook Court (Lot B), together with the easements for public utilities as they appear upon said flnal plat, be and the same are hereby accepted; and Section 2. That the Final Plat of Stone Brook Center Second 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 flnal plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: (a) To reduce Stone Valley Drive (Lot A) and Boulder Brook Court (Lot B) to grade and to construct concrete curb and gut1er and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard speciflcations, all in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (b) To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (c) To construct a storm water detention facility in a manner acceptable to the City Engineer, in accordance with the City of Dubuque standard speciflcations, in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (d) To construct said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner; (e) To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owners, or Mure owner; And, further provided that said NEZTROP, LLC., as owners of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. Sidewalk installation shall be the responsibility of the owner abutting the public rights-of-way, including lots with multiple frontages, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. Section 4. The developer will maintain the detention facility constructed as part of Stone Brook Center Second Addition until it has been fully completed and 80% of the sum of the platted lots in the entire Stone Brook Subdivision are fully developed and the remaining 20% of these lots have installed adequate erosion control measures as approved by the City. Upon the City's acceptance of the detention facility, the maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lot D) shall be assessed against the lot owners of Stone Brook Subdivision, in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 5. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City Standards and Specifications and accepted by City Council Resolution. Section 6. That in the event NEZTROP, LLC., fails to execute the acceptance and furnish the guarantees provided in Section 3 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 2nd day of February 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 6-0. Iowa League of Cities: Communication form Thomas G. Bredeweg, Iowa League of Cities, advising that Council Member Patricia Cline has been appointed to serve as one of Iowa's representatives on the NLC Energy, Environment and Natural Resources Committee, presented and read. Connors moved that the communication be received and flied and approved appointment of Cline. Seconded by Nicholson. Motion carried 6-0. 52 Regular Session, February 2, 2004 There being no further business, Markham moved to adjoum. Seconded by Michalski. Motion carried 6-0. The meeting adjourned at 7:00 P.M. 1t2/11 Isl Jeanne F. Schneider, CMC City Clerk APProve~ -;/ 2004 AdoPted~ 7 2004 i ~'l£þ J Mayor Special Session, February 9, 2004 53 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 9, 2004 Council met in Special Session at 6:30 P.M, in the Library Auditorium Present: Mayor Duggan, Council 'Members Buol, Cline, Connors,. Markham,. Michalski, Nicholson, City Manager Van Milligen Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing various Cily departmental budgets. The budgets for the following City Departments were discussed: Human Rights Department; Finance Department; City Manager's Office; City Council; City Clerk's Office and Legal Department. Markham requested that funding of Travel - Professional Conferences for department managers and City Council Members be held for separate discussion and vote. Consensus was reached on this ITem. There being no further business, NichOison moved to adjourn. Seconded by Cline. Motion carried 7-0. The meeting adjoumed at 7:50 p.m. 1t2l18 /s/ Jeanne F. Schneider, CMC City Clerk 2004 2004 54 Special Session, February 12, 2004 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 12, 2004 Council met in Special Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Michalski, Nicholson, City Manager Van Milligen Absent: Council Member Markham Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing various City departmental budgets. The budgets for the following City Departments were discussed: Emergency Communications Center, Emergency Management Office, Fire Department, Police Department, and Building Services Department. Emergency Communications Cline questioned whether the County was funding its share of the Emergency Communications Center. Emergency Communications Manager Sandi Hutchcroft stated that the current funding is two-thirds City and one-third County and that the majority of the calls are within the City limits. Police Department - Michalski questioned whether the current staffing level was sufficient with the move to the new jail facility. Chief of Police Wadding stated that this would be reviewed over the next few months. There being no further business, Connors moved to adjoum. Seconded by Michalski. Motion carried 6-0. The meeting adjourned at 8:03 p.m. 1t2/18 Isl Jeanne F. Schneider, CMC City Clerk 2004 ~r-~ . Clerk Regular Session, February 16, 2004 55 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, February 16, 2004 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Pro-Tem Nicholson, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Van MiJligen, Corporation Counsel Lindahl. Absent: Mayor Duggan Mayor Pro-Tern Nicholson read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. Invocation was given by Dr. Catherine Dunn, BVM, President of Clarke College. CONSENT ITEMS Minutes and Reports Submitted: City Council of 2/2 and 2/9; Civil Service of 1/20; Enterprise Zone Commission of 2/2; Human Rights Commission of 1/12; Zoning Advisory Commission of 2/4, presented and read. Buol moved that the communication be received and flied. Seconded by Markham. Motion carried 6- O. Carnegie-Stout Public Library Board of Trustees Update for Meeting of 1/22/04, presented and read. Buol moved that the communication be received and flied. Seconded by Markham. Motion carried 6-0. Proofs of publication of City Council Proceedings of 1/19/04 and 1/26/04 and List of Claims and Summary of Revenues for month ending December 31, 2003, presented and read. Buol moved that the proofs be received and flied. Seconded by Markham. Motion carried 6-0. Finance Director submitting the Financial reports for the month ending January 31, 2004, presented and read. Buol moved that the communication and reports be received and flied. Seconded by Markham. Motion carried 6- O. Notice of Claims/Suits: DanEI' Benn for vehicle damage; Daniei Gamer, Jr. for vehicle damage; Horacìo M. Gonzales and Rose J. Gonzales vs. the City of Dubuque, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Markham. Motion carried 6-0. Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of iowa, the agent for the Iowa Communities Assurance Pool: Dubuque Storage and Transfer Company for property damage; Lynn M. Valley for vehicle damage, presented and read. Buol moved that the communication be received and filed and concurred. Seconded by Markham. Motion carried 6-0. Corporation Counsel recommending settlement of the claim of Ron Conrad, owner of the Glenview Motel, for property damage and directing the Finance Department to issue payment, presented and read. Buol moved that the communication be received and flied and approved settlement and Finance Department to issue payment. Seconded by Markham. Motion carried 6-0. Residential Parking Permit District: Communication from John Kerrigan, President of Loras College, in support of the petition submitted for a Residential Parking Permit District on Cornell Street, portions of West 16tth Street, West 15 Street and Pickett Street, presented and reed. Buol moved that the communication be received and flied. Seconded by Markham. Motion carried 6-0. City Development Board: Filing of Appearance from the City Development Board In the matter of the City of Dubuque Voluntary Annexation Including Non- Consenting Owners; Filing of Appearance from the City Development Board in the matter of the City of Asbury Voluntary Annexation; and Notice of meeting to consider Motion to Dismiss in the matter of the City of Asbury Voluntary Annexation Including Non-Consenting Owners, presented and read. Buol moved that the communications be received and flied. Seconded by Markham. Motion carried 6-0. Asbury Plaza No. 11 - Final Plat: Zoning Advisory Commission recommending approval of the flnal plat of Asbury Plaza No. 11, subject to waiving the lot frontage requirement, presented and read. Buol moved that the communication be received and flied. Seconded by Markham. Motion carried 6-0. RESOLUTION NO. 62-04 RESOLUTION APPROVING THE FINAL PLAT OF ASBURY PLAZA NO. 11 IN THE CITY OF DUBUQUE, IOWA. 56 Regular Session, February 16, 2004 Whereas, there has been filed with the City Clerk a Final Plat of Asbury Plaza No. 11; and Whereas, said plat provides Lot 2 with 0 feet of lot frontage, where 50 feet of iot frontage is required; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had its approvai endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they flnd that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 2 with 0 feet of lot frontage, where 50 feet of lot frontage is required. Section 2. That the Final Plat of Asbury Plaza No. 11 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 16th day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 6-0. Plat of Survey - Ege Mueller Place: Zoning Advisory Commission recommending approval of the plat of survey of Ege Mueller Place north of the intersection of John F. Kennedy Road and Deer Valley Drive in Dubuque County, subject to waiving the iot frontage requirement for Lot 2, presented and read. Buol moved that the communication be received and flied. Seconded by Markham. Motion carried 6-0. RESOLUTION NO. 63-04 RESOLUTION APPROVING THE PLAT OF SURVEY LOT 1 OF 2 AND LOT 2 OF IN EGE MUELLER PLACE IN DUBUQUE COUNTY, IOWA Whereas, there has been flied with the City Clerk a Plat of Survey Lot 1 of 2 and Lot 2 of in Ege Mueller Place in Dubuque County, Iowa; and Whereas, said plat of survey has been examined by the Zoning Advisory Commission and its approval endorsed there; and Whereas, said survey plat has been examined by the City Councii and they find that it conforms to the statutes and ordinances relatin9 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 2 of 2 to have 0 feet of frontage, where 50 feet of lotfrontage is required. Section 2. That the Plat of Survey Lot 1 of 2 and Lot 2 of 2 in Ege Mueller Place 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 plat of survey. Section 3. That the City Council hereby waives Article IV, Design and Improvement Standards of the Subdivision Regulations, except Section 42-19(b), Lots and Blocks. Passed, approved and adopted this 16th day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 6-0. Release and Indemnity Agreement - City of Dubuque vs. Allen & Urbain, et al: Corporation Counsel recommending approval of a Release and Indemnity Agreement acknowiedging that the City no longer has any claim against Conlon Construction Company or St. Paul Fire & Marine Company for the handling of the Main Street Buildings iiligation, presented and read. Buol moved that the communication be received and flied and approved recommendation. Seconded by Markham. Motion carried 6-0. Management Agreement for Bunker Hill Golf Course: City Manager recommending approval of a management a9reement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf Course for the period March 1, 2004 through November 30, 2004, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 6-0. Iowa Department of Natural Resources 28E Agreement: City Manager recommending approval of a 28E A9reement with the Iowa Department of Natural Resources to provide funds for construction of a flshing pier at Heron Pond, presented and read. Buol moved that the communication be received and flied and approved recommendation. Seconded by Markham. Motion carried 6-0. Comprehensive Annual Financial Report: City Manager submitting the Comprehensive Annual Financial Report (CAFR) and Parking Facilities Report for Fiscal Year 2003, presented and read. Buol moved that the communication and report be received and filed. Seconded by Markham. Motion carried 6-0. White Street Reconstruction Project Preliminary Final Assessments: City Manager recommending approval of the preliminary schedule of final assessments for the White Street Reconstruction Project, presented and or f Regular Session, February 16, 2004 57 read. Buol moved that the communication be received and flied. Seconded by Markham. Motion carried 6-0. RESOLUTION NO. 64-04 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF FINAL ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, 1 to 7 inclusive, are hereby determined to be the preliminary schedule of flnal assessments for the White Street Reconstruction Project - 21" to 32nd Street and the valuations set out herein are hereby approved. th Passed, approved and adopted this 16 day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Cierk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 6-0. Wartburg Place Reconstruction Project - Acceptance: City Manager recommending acceptance of the Wartburg Place Reconstruction Project as completed by Portzen Construction, Inc. in the flnal contract amount of $638,398.68 and approval of the preliminary schedule of flnal assessments, presented and read. Buol moved that the communication be received and flied. Seconded by Markham. Motion carried 6-0. RESOLUTION NO. 65-04 ACCEPTING IMPROVEMENT Whereas, the contract for the Wartburg Place Reconstruction Project has been completed and the City Manager has examined the work and flied his certiflcate 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 Road Use Tax, the Sanitary Sewer Construction Fund, and the Watermain Construction Fund in amounts equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 16th day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 6-0. RESOLUTION NO. 66-04 FINAL ESTIMATE Whereas, the contract for the Wartburg Place Reconstruction Project has been completed and the City Engineer has submitted his flnal 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 $721,107.11 and the said amount shall be paid from Road Use Tax, the Sanitary Sewer Construction Fund, and the Watermain Construction Fund of the City of Dubuque, Iowa. Section 2. That $84,400.56 of the cost thereof shall be assessable upon private property and $627,424.39 shall be paid from Road Use Tax, the Sanitary Sewer Construction Fund, and the Water Construction Fund. Passed, approved and adopted this 16th day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 6-0. RESOLUTION NO. 67-04 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF FINAL ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, 1 to 1 inclusive, are hereby determined to be the preliminary schedule of flnal assessments for the Wartburg Place Reconstruction Project and the valuations set out herein are hereby approved. Passed, approved and adopted this 16th day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 6-0. Agreement with Kivlahan Farms, LLC: City Manager recommending approval of an agreement between the City of Dubuque and Kivlahan Farms, LLC for the exchange of properties along the west side of the Arboretum property abutting the next phase of Arbor Estates, owned by Kivlahan Farms, LLC., presented and read. Buol moved that the communication be received and flied. Seconded by Markham. Motion carried 6-0. 58 Regular Session, February 16, 2004 RESOLUTION NO. 68-04 RESOLUTION APPROVING AGREEMENT WITH KIVLAHAN FARMS, LLC FOR THE EXCHANGE OF PROPERTIES ALONG THE WEST SIDE OF THE ARBORETUM ABUTTING THE NEXT PHASE OF ARBOR ESTATES OWNED BY KIVLAHAN FARMS, LLC Whereas, Kivlahan Farms, LLC is proposing to develop the next phase of Arbor Estates; and Whereas, the City of Dubuque has a 10-foot wide roadway easement over said development; and Whereas, the City of Dubuque has prepared an a9reement outlining the terms under which a portion of the roadway easement is dedicated to the City and the remaining portion is proposed to be vacated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby approves the Kivlahan Farms agreement for the exchange of properties along the west side of the Arboretum property abutting the next phase of Arbor Estates, owned by Kivlahan Farms, LLC. Section 2. That the Mayor be authorized and directed to execute two copies of the agreement. Passed, approved and adopted this 16th day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 6-0. Calendar Year 2003 Urban Revitalization Program Applications: City Manager recommending approval of seven 2003 Urban Revitalization Program applications for residential property tax exemption, presented and read. Buol moved that the communication be received and flied. Seconded by Markham. Motion carried 6-0. RESOLUTION NO. 69-04 RESOLUTION APPROVING RESIDENTIAL ROPERTY TAX EXEMPTION APPLICATIONS SUBMITTED BY PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANS- MITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to exempt property taxes for improvements made to properties in designated revitalization areas; and Whereas, the Urban Revitalization Act requires property owners to submit a written application for exemption by February 1 of the assessment year for which the exemption is first --- claimed, and further requires the City Council to approve all applications that meet the requirements of the adopted Urban Revitalization Plan and forward the approved applications to the City Assessor for review by March 1 of each year; and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban Revitalization Areas were established: Washington Street, Jackson Park, West 11th Street, Upper Main Street, Garfield Place, Langworthy, Cathedral and Old Main; and Whereas, the City of Dubuque, as of February 1, 2004, received tax exemption applications from the following property owners in the aforementioned urban revitalization district. West 11th Street Urban Revitalization Area 1358 Locust - Schroeder Investment (exclude decks) 1135 Center Place - Doreen Jecklin 1323 Bluff - Susan Kearns/David Luchsinger 1106 Grove Terrace - Mary and Ken Bichell Cathedral Urban Revitalization Area 653-655 Bluff - Francian Co. LLC Langworthy Urban Revitalization Area 1025 Melrose Terrace -Jean Schmitz Upper Main Urban Revitalization Area 1395 Iowa - Kluck Development Whereas, the Housing and Community Development Department and Building Services have reviewed the above-described applications and inspected the properties, and have determined that the applications and the improvements conform to all requirements of the City of Dubuque's Urban Revitalization Plan contingent upon obtaining all required building permits with the exception that the decks at 1358 Locust, which should be excluded since they do not compiy with building codes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. hat the above-described tax exemption applications meet the requirements of the City of Dubuque's Urban Revitalization Plan. Section 2. That the above-described tax exemption applications are hereby approved by the City Council, subject to obtaining all necessary building permits and subject to the review and approval of the City Assessor. Section 3. That the City Clerk is hereby authorized and directed to forward the above- described tax exemption applications to the City Assessor. Passed, approved and adopted this 16th day of February 2004. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 6-0. .- " ...,""~ "~" . .- Regular Session, February 16, 2004 59 Dubuque County Historical Society Lease Amendment: City Manager recommending approval of a second amendment to the lease agreement between the City and the Dubuque County Historical Society regarding insurance requirements, presented and read. Buol moved that the communication be received and flied and approved recommendation. Seconded by Markham. Motion carried 6-0. Agri Grain/Cargill Lease Assignment: City Manager recommending approval of a request from Agri Grain Marketing, LLC that their leases with the City be assigned to Cargill, incorporated, presented and read. Buoi moved that the communication be received and flied. Seconded by Markham. Motion carried 6-0. RESOLUTION NO. 70-04 RESOLUTION CONSENTING TO THE ASSIGNMENT OF LEASES BETWEEN THE CITY OF DUBUQUE AND AGRI GRAIN MARKETING, LLC TO CARGILL, INCOR- PORATED Whereas, Agri Grain Marketing, LLC (AGM) intends to assign its interest in its leases with the City of Dubuque to Cargill, Incorporated; and Whereas, the existing leases stipulate that the Lessee has the right to assign its leases to any person or concern, with prior written approval of the Lessor in that the Lessor's interest shall be fully protected and which approval of the Lessor shall not be unreasonably withheld; and Whereas, the City Council has determined that it is in the best interest of the City to consent to the assignment of the leases to Cargill, Incorporated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That approval be granted to Agri Grain Marketing, LLC to assign its. current leases to Cargill, Incorporated dated July 25, 1962, amended January 9, 1964, February 24, 1971, January 29, 1974, August 21, 1978, and lease dated March 29, 1978 all with the City of Dubuque as assigned to Agri Grain Marketing, LLC on May 21, 2001. Section 2. That the assignment to Cargill, Incorporated is bound by all stated terms and conditions of the existing leases between the City of Dubuque and Agri Grain Marketin~, LLC. Passed, approved and adopted this 16 day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 6-0. Senate Impact Survey: Communication from City Manager Michael C. Van Milligen to Senator Mike Gronstal, Democratic Leader of the Iowa Senate, in response to the Senate Impact Survey for 2004 Cuts in State Aid, presented and read. Buoi moved that the communication be received and flied. Seconded by Markham. Motion carried 6-0. RESOLUTION NO. 71-04 REQUESTING A LIMITATION ON REDUCTION IN STATE AID TO LOCAL GOVERNMENTS Whereas, in 2003 the Iowa General Assembly voted to reduce state aid to the City of Dubuque in the amount of $1,195,425 in revenue or 3.54 percent of the City's general fund operating expenses; and Whereas, such reductions were made after the City of Dubuque had certifled its budget prior to the March 15 budget certification deadline as required by law; and Whereas; this .sudden and unanticipated reduction in state aid resulted in the layoff of city employees and an increase in fees for City services; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City of Dubuque requests that the Iowa General Assembly refrain from making additional reductions in state aid to local governments; and That if any such reductions are necessary, the City of Dubuque requests that they be made by not lather than February 27, 2004 so that local governments can responsibly respond to such reductions. Passed, approved and adopted this 16th day of February 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 6-0. Legislative Correspondence: Communication from City Manager Michael C. Van Milligen to local legislators urging their support of funding property tax credits to cities and restoring the bank franchise fee to cities and counties, presented and read. Buol moved that the communication be received and flied and approved letter. Seconded by Markham. Motion carried 6-0. Communication from City Manager Michael C. Van Milligen to local legislators urging opposition to the proposal to establish a retroactive sunset clause for slum and blight Tax Increment Financing districts, presented and read. Buol moved that the communication be received and flied and approved letter. Seconded by Markham. Motion carried 6-0. Business Licenses: 60 Regular Session, February 16, 2004 RESOLUTION NO. 72-04 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 appiicants were inspected and found to comply with the Ordinances of the City and have flied proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Molo Oil Company Big 10 Mart+ (Sunday Sale) 2100 JFK Rd Hartig Drug Company Hartig Drug # 4 +(Sunday Sale) 2225 Central Ave Nash Finch Company Econo Foods # 471+ (Sunday Sale) 3355 JFK Rd Passed, approved and adopted this 16th day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 6-0. RESOLUTION NO. 73-04 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 reievant thereto and they have flied proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "B"(HOTEUMOTEL) LIQUOR LICENSE Dubuque inn Corp Best Western Dubuque Inn+ (Sunday Sale) 3434 Dodge St. CLASS "C" BEER/LIQUOR LICENSE Rafters, Inc Rafters+ (Sunday /Outdoor Sale) 2728 Asbury Rd Charles Steffen Tony's Place+ (Sunday Sale) 1701 Central Ave Hammerheads Inc Hammerheads Bar/Billiards+ (Sunday Sale) 2095 Kerper Blvd Dubuque Racing Association Dbq Greyhound Park/Casino + (Sunday/Outdoor) 1855 Greyhound Prk CLASS "B" WINE Harti9 Drug Company Hartig Drug # 4 2225 Central Ave Econo Foods # 471 Nash Finch Company 3355 JFK Rd Passed, approved and adopted this 16th day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 6-0. ITEMS TO BE SET FOR PUBLIC HEARING Residential Parking Permit District - Rosemont Street: City Manager recommending that a public hearing be set for March 1, 2004 to consider the establishment of a Residential Parking Permit District on Rosemont Street between Pennsylvania Avenue and Creston Court, presented and read. Cline moved that the communication be received and flied. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 74-04 RESOLUTION SETTING A PUBLIC HEARING ON ESTABLISHING A RESIDENTIAL PARKING PERMIT DISTRICT ON ROSEMONT STREET FROM PENNSYLVANIA AVENUE TO CRESTON COURT Whereas, the City of Dubuque, pursuant to Section 32-383 of the Code of Ordinances, has received a petition containing sufficient signatures requesting that an area described as follows be designated as a Residential Parking Permit District: Rosemont Street, from Pennsylvania Avenue to Creston Court Whereas, pursuant to said Section 32-383, the City Manager has caused a parking study of the area identifled above to be undertaken and which study shows at least 80 percent (80%) of the curbside parking spaces in the proposed parking permit district were utilized during peak periods, and at least 25 percent of the curbside parking spaces in the proposed parking permit were utilized by non,resident parking; and Whereas, the City Manager, based upon the results of the study, and in accordance with Section 32-383, recommends that the area be designated as a Residential Parking Permit District and that the City Council set a public hearing on the petition to establish such area as a Residential Parking Permit District and the hours such parking restrictions are to be in effect. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council flnds and determines that a valid petition has been received for the designation of Rosemont Street, from Pennsylvania Avenue to Creston Court, as a Residential Parking Permit District. Section 2. That the Residential Parking Permit District hours be effective between the hours of ., , , Regular Session, February 16, 2004 61 7 a.m. and 3 p.m. daily, except Saturdays, Sundays and holidays. Section 3. That the City Clerk be authortzed and directed to publish a notice of public hearing on the designation of the above described area as a Residential Parking Permit District, to be held on March 1,2004. Passed, approved and adopted this 16th day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and set this for public hearing on 3/1/04 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City Cierk publish notice in the manner prescribed by law. Seconded by Connors. Motion carried 6-0. Fiscal Year 2005 Operating Budget and Capital Improvement Program Budget: City Manager recommending that a public hearing be set for March 3, 2004 to consider adoption of the Fiscal Year 2005 Operating Budget and Capital Improvement Program Budget, presented and read. Cline moved that the communication be received and flied. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 75-04 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FISCAL YEAR 2005 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on the Fiscal Year 2005 budget before the flnal budget certification date and shall publish notice before the hearing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed Fiscal Year 2005 budget for the City of Dubuque at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Wednesday, March 3, 2004, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law, together with the required budget information. Passed, approved and adopted this 16th day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set the public hearing for 3/3/04 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 6-0. RESOLUTION NO. 76-04 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2005 THROUGH 2009 FOR THE CITY OF DUBUQUE Whereas, a proposed Five-Year Capital Improvement Program for the City of Dubuque for Fiscal Years 2005 through 2009 has been prepared and submitted to the City Council; and Whereas, the capital projects for the flrst year of the program are included in the Fiscal Year 2005 budget for the City of Dubuque; and Whereas, it is deemed to be in the best interest of the City of Dubuque to conduct a public hearing and adopt the flve-year Capital Improvement Program simultaneously with the public hearing and adoption of the Fiscal Year 2005 budget for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the flve-year Capital Improvement Program for Fiscal Years 2005 through 2009 at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Wednesday, March 3, 2004, beginning at 6:30 p.m. Section 2. That the City Cierk be and is hereby authorized and directed to publish notice of the public hearing. Passed, approved and adopted this 16th day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set the public hearing for 3/3/04 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 6-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Board: Housing Code Appeals Board (One Unexpired 3-Year Term Through 1/11/06 and Three 3-Year Terms Through 1/11/07 - Schaub, Kinsella, Swift). Applicants: William J. Kinsella, Robert Schaub, Edward Swift. Appointments to the following Commission: Community Deveiopment Advisory Commission (Two 3-Year At-Large Terms to Expire 2/15107- Terms of Giesen and Maloy and One 3-Year Low/Moderate Income Term to Expire 2/15/07- Vacant); Applicants: James Giesen and Paula Maloy, SVM. Michalski moved that James Giesen and Paula Maloy SVM be reappointed 62 Regular Session, February 16, 2004 to three year terms to expire 2/15/07. Seconded by Cline. Motion carried 6-0. PUBLIC HEARINGS Michalski moved to suspend the rules to allow anyone present to speak. Seconded by Connors. Motion carried 6-0. Amended and Restated Garfield Place Urban Revitalization Area: Proof of publication on notice of hearing to consider approval of an Amended and Restated Garfield Place Urban Revitalization Area Plan and City Manager recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Markham. Motion carried 6-0. Scott Potter spoke in favor of the proposed Amended Urban Revitalization Plan. An Ordinance Establishing the amended and restated Garfield Place Urban Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 7-04 AN ORDINANCE ESTABLISHING THE AMENDED AND RESTATED GARFIELD PLACE URBAN REVITALIZATION AREA AS AN URBAN REVITALIZATION AREA PURSUANT TO CHAPTER 404 OF THE CODE OF IOWA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Garfield Place Urban Revitalization Area as herein described shall hereafter be designated an urban revitalization area pursuant to Chapter 404 of the Code of Iowa 1999, to wit: Lot 1, Lot 2 and Lot 3 of Davis Place II and Lot 2 Scharie Subdivision in the County of Dubuque, City of Dubuque, Iowa, according to the recorded plat thereof, commonly known as 511, 513,515 and 521 Garfield. Section 2. That the Amended and Restated Garfield Place Urban Revitalization Area as hereto attached is hereby adopted and approved and the properties within said descrfbed area shall be subject to the provisions of said Plan. Section 3. That said Amended and Restated Garfield Place Urban Revitalization Area shall hereafter be on file in the City Clerk's Office, City Hall, Dubuque, Iowa. Section 4. That the City Clerk is hereby authorized and directed to publish this Ordinance on or after March 18,2004, provided that the City Clerk prior to that date has received no valid petition requesting a second public hearfng, and in the event such petition has been received, then this Ordinance shall be null and void. Passed, approved and adopted this 16th day of February 2004. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 19th day of March, 2004. Jeanne F. Schneider, CMC, City Clerk 1t3/19 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 if is to be flnally passed be suspended and further moved flnal consideration and passage of the Ordinance. Seconded by Markham. Motion carried 6-0. Old Mill Road Property - Lease Agreement: Proof of publication on notice of hearing to consider a lease agreement with David Hartig for four properties on Old Mill Road which the City acquired through the Hazard Mitigation Grant Program (HMGP) and which must remain open green space as a condition of the HMGP program and City Manager recommending approval, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried 6-0. David Hartig, 1255 Southern, spoke in favor of the proposed lease agreement. RESOLUTION NO. 77-04 DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE WITH DAVID S. HARTIG, JR. WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following properties: Lot 1-1-2-1 Mineral Lot 507 Lot 1-1-2-1-2-1-4 Mineral Lot 501 Lot 2-1-2-1-1-2-1-4 Mineral Lot 501 Lot 2 Papke Place Lot 1-1-2-1-1-2-1-4 Mineral Lot 501 Lot 2-1-1-1-1-2-1-4 Mineral Lot 501 Lot 2-1-2-1-2-1-4 Mineral Lot 501; and City intends to purchase Lot 1 Old Mill Place, all of which properties are referred to herein as the City Property; and WHEREAS, David S. Hartig, Jr. (Hartig) proposes to lease the City Property on the terms set forth in the form of the attached Lease A9reement; and WHEREAS, on February 16, 2004, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the City Property pursuant to the Lease Agreement and overruled all objections thereto; AND WHEREAS, the City Council finds that it is in the best interest of the City to approve the Lease Agreement for the City Property. "' ,~ Regular Session, February 16, 2004 63 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Lease Agreement in the form attached hereto is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Lease Agreement. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution to be recorded with the Dubuque County Recorder. Passed, approved and adopted this 16th day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Michalski. Motion carried 6-0. Suol moved to reinstate the rule limiting discussion to Council. Seconded by Cline. Motion carried 6.0. ACTION ITEMS West 32nd Street Detention Basin Building Moratorium: City Manager recommending that the West 32nd Street Detention Basin Building Moratorium be extended through August 1, 2005, presented and read. Buol moved that the communication be received and flied. Seconded by Markham. Motion carried 6-0. An Ordinance Amending Chapter 11 Buildings and Building Regulations of the City of Dubuque Code of Ordinances by adopting a new Section 11-58.4 Re-establishing an eighteen-month moratorium on the issuance of permits for work in the West 32nd Street Detention Basin area, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 8-04 AMENDING CHAPTER 11 BUILDINGS AND BUILDING REGULATION OF THE CITY OF DUBUQUE CODE OF ORDINANCES ADOPTING A NEW SECTION 11-58.4 REESTABLISING AN EIGHTEEN-MONTH MORATORIUM ON THE ISSUANCE OF PERMITS FOR WORK IN THE WEST 32"0 STREET DETENTION BASIN AREA Whereas, the City Council of the City of Dubuque, Iowa has directed its Engineering Department to design an expanded detention basin and facility for the West 32nd Street Detention Basin area of the City, which will include the purchase of property necessary for said expansion; and Whereas, the moratorium on the issuance of permits for work in the area has expired; and Whereas, the Engineering Department has requested that the City Council reestablish the moratorium for an additional eighteen-month period to allow the Engineering Department to design the detention basin and facility; and Whereas, the City Council believes that it is in the best interests of the City and its citizens to minimize inconvenience and disruption to property owners in the proposed detention basin area and to minimize property acquisition costs during the design of the detention facility and basin and that the moratorium for the West 32nd Street Detention Basin Area should be reestablished. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 11 Buildings and Building Regulation of the City of Dubuque Code of Ordinances is hereby amended by adding the following Section 11-58.4: Section 11-58.4 Moratorium - for Work in the West 32nd Street Detention Basin Area. The Building Official shall not issue any permit for any new construction or for the substantial enlargement, alteration, repair or remodeling, but not including demolition, of any structure, building, or sign in the West 32nd Street Detention Basin Area as shown on the map on flIe in the Office of the City Clerk, 50 W. 13th Street, Dubuque, Iowa, during the period from the date of publication of this Ordinance to August 1, 2005, except where a vested right to the issuance of such permit accrued prior to February 16, 2004. Section 2. This Ordinance shall take effect upon publication, as provided by law. Passed, approved and adopted this 16th day of February, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 20th day of February, 2004. Jeanne F. Schneider, CMC, City Clerk 1t2/20 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 flnal consideration and passage of the Ordinance. Seconded by Markham. Motion carried 6-0. Environmental Stewardship Advisory Commission: Communication from the Environmental Stewardship Advisory Commission recommending that City Council direct staff to consider design criteria for new construction sites and Best Management Practices to improve water quality and conflne stormwater runoff to the site on which It falls until peak flow has passed, presented and read. Michalski moved to recèive and flle the communication and directed staff to consider design criteria and Best Management Practices. Seconded by Markham. Motion carried 6-0. 64 Franchise Renewal Process: City Manager recommending approval to move ahead with the formal renewal process of the cable franchise of MCClowa, Inc., as provided by federal law, while continuing informal franchise renewal negotiations, presented and read. Cline moved that the communication be received and fiied and approved recommendation. Seconded by Connors. Motion carried 6-0. Legislative Issues: City Manager recommending an amendment to the City's Legislative Issues regarding changes to property tax credit to local govemments, limitations on Tax Increment Financing (TIF) Districts and continued restrictions to land-based gaming operations, presented and read. Buol moved that the communication be received and fiied and approved recommendation. Seconded by Markham. Motion carried 6-0. COUNCIL MEMBER REPORTS Markham and Michalski questioned their reappointment and appearance at various League Committee meetings and will postpone action until funding for travel is approved. There being no further business, Cline moved to adjoum. Seconded by Michalski. Motion carried 6-0. The meeting adjoumed at 7:15 P.M. Is! Jeanne F. Schneider, CMC City Clerk 1t2/25 2004 2004 Special Session, February 23, 2004 65 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 23, 2004 Council met in Special Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing various City deparimental budgets. The budgets for the following City Departments were discussed: Five Flags Civic Center, Recreation Division, Park Division, Information Services Department and Cable TV Division. Leisure Services Manager Gil Spence requested that City Council schedule a worksession to meet with the Five Flags Commission to discuss the results of the Request for Proposals for private management of the Five Flags Center. He also requested a worksession with the City Council and the Park and Recreation Commission to discuss the recently completed Golf Course Architectural Analysis of Bunker Hill Golf Course and proposed improvements. Information Services Manager Chris Kohlmann explained the need for the requested GIS Coordinator position, which was not recommended for funding. In response to questions, Cable Franchise Administrator Merrill Crawford explained the process to be used for the formal negotiations of the cable franchise renewal with Mediacom. There being no further business, Michalski moved to adjourn. Seconded by Nicholson. Motion carried 7-0. The meeting adjourned at 8:03 p.m. Jeanne F. Schneider, CMC City Clerk 1t3/3 2004 2004 ~~ C' Clerk 66 Special Session, February 24, 2004 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 24, 2004 Council met in Special Session at 6:30 P.M. in the Library Auditorium Present: Mayor Pro-Tem Nicholson, Council Members Buol, Cline, Connors, Markham, Michalski, City Manager Van Milligen Absent: Mayor Duggan Mayor Pro-Tem Nicholson read the call and stated this is a special session of the City Council called for the purpose of discussing various City departmental budgets and conducting a public hearing on the CDBG Fiscal Year 2005 Annual Action Plan. Library Department: Michalski expressed concem about not restoring funding to the young adult and young children's collections (Decision Packages 1 and 2) which was cut from the budget last year. Buol stated he was concerned about not funding Decision Package 6 of 7 as the Library depends strongly on volunteers. Consensus was reached to bring. back the children's portion of Decision Packages 1 and 2 for separate discussion and vote at the public hearing. Economic Development Department: Michalski commented that we needed to maximize the property in the Port of Dubuque and not allow it to become all parking. She also stressed the importance of the Des Moines Initiative as well as the federal initiative. . Parking Division: Economic Development Director Bill Baum explained the proposed changes to the courtesy parking ticket program. Michalski stressed the need for parking enforcement in non-metered areas, i.e., around schools and churches. Health Services Department: Nicholson stated he would like to look at paying for the second tag for hunters harvesting deer at a cost of $300 .. $600 versus purchasing the first tag for the hunters at a potential cost of $2,805. Housing and Community Development Department: A public hearing was held on the Fiscal Year 2005 (Program Year 2004) Community Development Block Grant Annual Action Plan and no comments were received. Michalski moved to close the public hearing. Seconded by Markham. Motion carried 6-0. The remainder of the Housing Services Department budget was then presented. There being no further business, Buol moved to adjourn Seconded by Michalski. Motion carried 6-0. The meeting adjourned at 8:27 p.m. 2004 2004 ~~~~ Ity Clerk Special Session, February 26, 2004 67 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 26, 2004 Council met in Special Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, City Manager Van Milligen Absent: Nicholson Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing various City departmental budgets. Airport Department: Michalski questioned whether personnel for staffing of the Airport restaurant had been addressed. Airport Manager Andrew Perry reported they are in the process of negotiating with a potential operator. Transit Division: Following the budget presentation, discussion was held regarding the integration of Project Concern and Keyllne and also the addition of Greyhound Bus service. Planning Services Department: Planning Services Manager Laura Carstens explained that although the requested full-time Assistant Planner position was not recommended for funding, it was recommended that the City contract with East Central Intergovernmental Association (ECIA) for GIS mapping and to have the Planning Intern trained to administer the Phase V CLG grant, thereby freeing up .40 FTE of an Assistant Planner's time for the Development Services Activity. Michalski questioned how the Planning Services Department would be able to meet all of their objectives without adding staff. Buol stated they would have to look seriously at filling the requested position next year. Purchase of Services: Sue Czeshinski, Dubuque Area Chamber of Commerce - Convention and Visitors Bureau, provided a brief update on CVB's activities. Chuck Isenhart, Dubuque Area Labor Management Corporation, highlighted projects undertaken in the past year. Dan LoBianco, President of the Dubuque Main Street Ltd., thanked the Council for their support and gave an update of Main Street's activities. Rick Dickinson, Greater Dubuque Development Corporation, expressed appreciation for past and future funding. Lynn Boffell, Helping Services of Northeast Iowa, spoke requesting funding. Linda Chapman, Director of RSVP - Retired Senior Volunteer Program, expressed appreciation for past funding and briefly summarized RSVP's activITies. Diane Thomas, Substance Abuse Services Center, updated the Council on the work of SASC and spoke requesting continued funding. There being no further business, Connors moved to adjourn. Seconded by Michalski. Motion carried 6-0. The meeting adjourned at 7:40 p.m. 1t3/3 Jeanne F. Schneider, CMC City Clerk 2004 2004 ~/ð~~ Clerk