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2004 May Council Proceedings Special Session, May 3, 2004 163 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council Meeting, Special Session, May 3, 2004 Council met in Special Session at 5:00 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Nichoison, City Manager Van Milligen, Corporation Counsel Lindahl. Absent: Michalski at roll call but entered at 5:31 P.M. Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing the Bunker Hill Golf Course Renovation Project. Discussion ensued regarding the Bunker Hill Golf Course Renovation Project. There being no further business, Michalski moved to adjourn the meeting. Seconded by Suol. Motion carried 7-0. The meeting adjourned at 5:47 P.M. Isl Jeanne F. Schneider, CMC, City Clerk 11 5/12 2004 2004 164 Regular Session, May 3, 2004 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, May 3, 2004 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Ciine, Connors, Markham, Michaiski, Nicholson, City Manager Van Milligen, Corporation Counsel Lindahi 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 Msgr. Wayne Ressier, Pastor of St. Raphaei's Cathedral. Proclamations: Mental Health Month (May, 2004) received by Betty Allen; Historic Preservation Week (May 3 - 7, 2004) received by Chris Wand; Nursing Home Week (May 9 - 15, 2004) received by Barbara Barker: and Arbor Day (May 17, 2004) received by Chris Frommelt. CDNSENT ITEMS Minutes and Reports Submitted: Airport Commission of 4/8; Cable TV Teleprogramming Commission of 4/6; City Council of 4/19; Historic Preservation Commission of 4/15; Housing Code Appeals Board of 3/16; Housing Commission of 3/23; Housing Commission Trust Fund of 4/2; Human Rights Commission of 3/8; Library Board of Trustees of 3/28, presented and read. Buol moved that the minutes be received and filed. Seconded by Cline. Motion carried 7- O. Proof of publication of City Council Proceedings of April 5, 2004, presented and read. Buol moved that the proof be received and filed. Seconded by Cline. Motion carried 7- O. Library Board of Trustees Update from Meeting of April 22, 2004, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7- O. Dubuque Area Chamber of Commerce Convention and Visitors Bureau Quarterly Report, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Fiscal Year 2004 Third Quarter Report of Substance Abuse Services Center, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Notice of Claims/Suits: Craig W. Crist for property damage; Donna Flynn for personal injury; Donald Kowalski for personal injury/vehicle damage: Lynne Jagielski for personal injury; Nathan McAvan for property damage: Angela McCarthy for personal injury; Brenda Smothers for personal injury, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Cline. Motion carried 7-0. 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: Steve and Kathy Cornelius for property damage; Craig W. Crist for property damage; Donna Flynn for personal injury: Donald Kowalski for personal injury/vehicle damage; Nathan McAvan for property damage; Brenda Smothers for personal injury, presented and read. Buol moved that the communications be received and filed and concurred. Seconded by Cline. Motion carried 7-0. Legislative Correspondence: Communication of City Manager to area legislators urging support for SR 2291 - Rehabilitating Abandoned Properties, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Communication of City Manager to area legislators urging their opposition to any efforts to approve SJR 2010 which imposes a constitutional amendment requiring voter approval of tax increases, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7- O. Communication of City Manager to area legisiators encouraging them to vote no for a House amendment to HF 2574, a Department of Revenue technical correction bill, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Communication of City Manager to area legislators urging their support of HF 2578 which provides funding for Community Attraction and Tourism (CAT), presented and read. Buol Regular Session, May 3, 2004 165 moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Communication of City Manager to Senator Chartes Grassley and Senator Tom Harkin expressing opposition to the Internet Tax-Non- Discrimination Act and support for the Internet Access Tax Ban Extension and Improvement Act as a substitute bill, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Collective Bargaining Agreement Between City and Teamster's Local #421: City Manager recommending approval of an amendment to the collective bargaining agreement between the City of Dubuque and the Teamster's Union, Local #421 to provide for a work week that consists of ten hours per day and four days per week for Airport Maintenanceworkers, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Iowa Utilities Board: Communication from Chuck Seel, Iowa Utilities Board, regarding the Interstate Power and Light Company electric rate increase request, presented and read. Buoi moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. United States Environmental Protection Agency: Communication from the United States Environmental Protection Agency acknow- ledging receipt of materials from the City to fulfill a requirement under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Chemical Compound Building Renovation Project: City Manager recommending acceptance of the Chemical Compound Building Renovation Project at the Eagle Point Water Plant as completed by Kluck Construction in the final contract amount of $35,848.36, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 175-04 ACCEPTING IMPROVEMENT WHEREAS, the Contract for the renovation of the Chemical Compound Building located at the Eagle Point Water Piant has been completed and the City's Consultant Allen and Urbain Architects of Dubuque, Iowa recommends acceptance of the project. 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 accepted. Passed, adopted and approved this 3" day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 176-04 FINAL ESTIMATE Whereas, the Contract for the renovation of the Chemical Compound Building located at the Eagle Point Water Plant, 1902 Hawthorne Street, Dubuque, Iowa has been completed and the City has submitted the final estimate showing the cost thereof. 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 $35,848.36 dollars. Section 2. That the final payment $1,792.41 be paid to Kluck Construction of Dubuque, Iowa in accordance with the State Statute from funds in the Water Departments FY '04 CIP Budget. Passed, adopted and approved this 3" day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. The following item was removed from the Agenda - Southwest Arterial Supplementai Agreement: City Manager recommending approval of a Supplemental Agreement with the Iowa Department of Transportation for the preliminary design of Iowa Highway 32 (Southwest Arterial), and a Resolution Approving the Iowa Department of Transportation Supplemental Agreement for preliminary design of Iowa Highway 32 (Southwest Arterial). Howard R. Green Supplemental Agreement No.2: City Manager recommending approval of Supplemental Agreement No.2 between the City and Howard R. Green for the University Avenue Extension Project, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7- O. RESOLUTION NO. 177-04 RESOLUTION APPROVING THE SUPPLE- MENTAL AGREEMENT NO.2 BETWEEN THE CITY OF DUBUQUE AND THE HOWARD R. 166 Regular Session, May 3, 2004 GREEN COMPANY FOR THE UNIVERSITY AVENUE PROJECT{STP-U-2100{623)-70-31) Whereas, the City of Dubuque and the Howard R. Green Company are currently in the design phase for the improvement to extend University Avenue to intersect with US Highway 20 in Dubuque, Iowa; and Whereas, Howard R. Green has prepared a Supplemental Agreement No.2 between the City of Dubuque and the Howard R. Green Company to amend the Scope of Services to provide: two separate bid packages; additional real estate services not included in the original agreement; and environmental services related to soil and debris management as well as wetland mitigation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Supplemental Agreement No. Two between the City of Dubuque and the Howard R. Green Company be approved. Section 2. That the Mayor be authorized and directed to execute three copies of Supplemental Agreement No.2. Passed, adopted and approved this 3rd day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Klingenberg Terrace - Quit Claim Deed: City Manager recommending approval of the acceptance of a quit claim deed from U.S. Bank, NA for right-of-way on Klingenberg Terrace for property the City purchased in 1999 for construction of a retaining wall, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 179-04 A RESOLUTION ACCEPTING A CONVEY. ANCE OF PROPERTY, A PART OF LOT 2 OF 1 OF THE SUBDIVISION OF LOTS 138, 140, AND 142 OF LH. LANGWORTHY'S ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED IN EXHIBIT A, TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with Jason Sindahl pursuant to which Jason Sindahl agreed to convey a part of Lot 2 of 1 of the Subdivision of Lots 138, 140, and 142 of LH. Langworthy's Addition in the City of Dubuque, Dubuque County, Iowa, as shown on the Acquisition Plat thereof recorded as Instrument No.1 0115-98: and Whereas, U.S. Bank, NA, as mortgage holder, foreclosed on the property formerly owned by Jason Sindahl; and Whereas, U.S. Bank, NA 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 Quit Claim Deed from U.S. Bank, NA, 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 3" day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Compensation Estimates - US Highway 20: City Manager recommending approval of the use of Compensation Estimates for three parcels of property needed as temporary construction easements for the realignment of University Avenue from Ethel Street to US 20 at the entrance to Theisen's, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7- O. RESOLUTION NO. 180-04 AUTHORIZING THE USE OF COMPEN- SATION ESTIMATES FOR THE ACQUISITION OF TEMPORARY CONSTRUCTION EASE. MENTS ON PROPERTY OWNED OR LEASED BY THOMAS T. AND LEE ANN FROST, BEST CAR WASHES, LTD , UNIVERSITY CAR- WASH INC., JAMES E. AND LINDA STARK. AND COLONIAL TERRACE ANIMAL HOS. PITAL, P.C. FOR THE UNIVERSITY AVENUE EXTENSION PROJECT Whereas, the City of Dubuque (City) intends to acquire temporary construction easements on certain real property owned or leased by Thomas T. and Lee Ann Frost, Best Car Washes, Ltd., University Carwash Inc., James E. and Linda Stark, Colonial Terrace Animal Hospital, P.C., legally described as follows: Lot 1 of Lot 1 of Lot 2 of Mineral Lot 242 and Lot 2 of Lot 2 of Lot 2 of Mineral Lot 242 and Lot D of Mineral Lot 242, all in the City of Dubuque, Iowa; Lot 2 of Lot 1 of Lot 1 of Correction Plat of Lot 2 of Lot 1 of Lot 2 of "Bonson Farm Subdivision"; Lot 2 of the Subdivision of Lot 2 of Lot 1 of Correction Plat of Lot 2 of t.ot 1 of Lot 2 of "Bonson Farm Subdivision"; Lot 2 of the Regular Session, May 3, 2004 167 Subdivision of Lot 1 of Lot 2 of Lot 2 of Correction Plat of Mineral Lot 248; and Lot 2 of Lot 1 of Lot 2 of Correction Piat of Mineral Lot 248, each being in Section 27, Township 89 North, Range 2 East of the 5th Principal Meridian, being in Dubuque Township, Dubuque County, Iowa, now in the City of Dubuque, Iowa, according to the recorded Plats thereof, subject to highway and easement of record; and Lot 1 of Sub. of Lot 1 of Lot 2 of Lot 2 of Correction Plat of Mineral Lot 248; and Lot 1 of Sub. of Lot 2 of Lot 1 of Correction Plat of Lot 2 of Lot 1 of Lot 2 of "Bonson Farm Subdivision"; each being in Section 27, Township 89 North, Range 2 East of the 51h Principal Meridian, being in Dubuque Township, Dubuque County, Iowa, now in the City of Dubuque, iowa, according to the recorded piats thereof, subject to highway and easements of record as shown on Exhibits A, B, and C attached hereto: and Whereas, Iowa law allows City to waive the appraisal process in cases involving acquisitions of property with low fair market value: and Whereas, City has established values in the location of the Project with an appraisal for Elm Real Estate, LC.; and Whereas, City now desires to use compensation estimates to determine the value of these temporary construction easements; and Whereas, the City Council finds that it is appropriate to use the compensation estimates to allow City to negotiate the acquisition of the temporary construction easements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Manager and Corporation Counsel are hereby authorized to use compensation estimates to negotiate the acquisition of the above-described temporary construction easements. Passed, approved and adopted this 3" day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Establishment of Fair Market Value - Eunice and James Newman: City Manager recommending approval of the estabiishment of the fair market value of the Eunice and James Newman property needed for right-of-way for the realignment of University Avenue from Ethel Street to US 20 at the entrance to Theisen's and a Resolution Establishing fair market value for the acquisition of certain real property owned by James E. Newman in the City of Dubuque, Iowa for the University Avenue extension project, presented and read. Eunice Newman spoke in opposition and challenged the necessity of the acquisition. Michalski moved that the communications be received and filed and referred to the City Manager. Seconded by Markham. Motion carried 7-0. 1042 Main Street - Demolition Request: Historic Preservation Commission recom- mending approval of a request from Gronen Adaptive Reuse LLP/John Gronen for demolition of a structure at 1042 Main Street, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. 1066 Main Street - Demolition Request: Historic Preservation Commission recom- mending approval of a request from Gronen Adaptive Reuse LLP/John Gronen for demolition of a structure at 1066 Main Street, presented and read. Buoi moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. 1086 Main Street - Demolition Request: Historic Preservation Commission recom- mending approval of a request from Gronen Adaptive Reuse LLP/John Gronen for demolrtion of a structure at 1086 Main Street, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Dubuque Museum of Art: City Manager recommending approval of a request from the Dubuque Museum of Art (DuMA) to defer payments on their $300,000 Downtown Rehabilitation Loan until July 1, 2006 and accept the Personal Guaranty from Charles E. Stoltz as collateral for the deferred payments, presented and read. Buol moved that the communication be received and filed and approved recom- mendation. Seconded by Cline. Motion carried 7-0. Dubuque Industrial Center West - 3" Addition: City Manager recommending approval of the issuance of a Request for Proposal (RFP) for the selection of a consultant to do the design of the next phase of the Dubuque Industriai Center West, presented and read. Buol moved that the communication be received and fiied and approved recommendation. Seconded by Cline. Motion carried 7-0. Purchase of Iowa Department of Transpor- tation Right-of-Way: City Manager recom- mending approval of the purchase of 58,588 168 Regular Session, May 3, 2004 square feet of property from the Iowa Department of Transportation for placement of a sign for the Dubuque Technology Park at a cost of $14,647, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 181-04 RESOLUTION APPROVING THE PURCHASE OF LOT F OF DUBUQUE TECHNOLOGY PARK Whereas, the City of Dubuque owns and manages Dubuque Technoiogy Park in the City of Dubuque, Iowa; and Whereas, the Iowa Department of Transportation has excess Highway 61 Right of Way west of said Dubuque Technology Park; and Whereas, the attached plat of the excess Highway 61 Right of Way, Lot F of Dubuque Technology Park in the SW Y. of Section 12, Township 88 North, Range 2 East of the 5th P.M. has been prepared for Iowa Department of Transportation approval; and Whereas, the Iowa Department of Transportation is requesting twenty five cents per square foot for Lot F; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: 1.The acquisition of Lot F of Dubuque Technology Center, for $14,647 containing 1.345 acres is hereby approved. 2. The City Manager and City Clerk are heraby authorized and directed to execute appropriate legal documents to complete the purchase of Lot F of Dubuque Technology Center. Passed and approved this 3" day of May 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Quarterly Investment Report: City Manager transmitting the March 31, 2004 Quarterly Investment Report, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. U.S. Department of Homeland Security: Communication from the U.S. Department of Homeland Security/United States Coast Guard advising that the faciiity security plan for Rivers Edge Plaza does not meet the requirements of Title 33 Code of Federal Regulations and providing a summary of the insufficient or missing element(s) of the pian, presented and read. Buol moved that the communication be received and filed. Seconded by Ciine. Motion carried 7-0. Arboretum Drive - Parking: City Manager recommending denial of the request for no parking on the south side of Arboretum Drive as Jack Frick, Board President of the Dubuque Arboretum and Botanical Gardens, has withdrawn his original petition and his modified petition, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Business Licenses: RESOLUTION NO. 182-03 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Oriental Food & Gift Corp Lien Oriental Am. FoodStore+(SundaySale} 115W.111h Beecher Co. Inc. Beecher Beverage + (Sunday Sale) 1691 Asbury Passed, approved and adopted this 3rd day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Cierk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 183-04 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 fiied 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 "A"(CLUB) LIQUOR LICENSE DBQ Moose Lodge # 355 Dubuque Lodge# 355+(Sunday Sale) 1166 Main St CLASS "C" BEER/LIQUOR LICENSE Ciifford Enterp. Dempsey's/Molly's Pub + Grub 395W.91hSt Regular Session, May 3, 2004 169 Kostas, Inc. Charhouse Restr+ (Sunday Sale) 1575 JFK Rd MichaellTheresa Kalmes Breaktime Bar & Grill+ (Sunday Sale) 1097 Jackson St Michael/ Theresa Kaimes Breaktime Bar & Grill+ (1-day-6-12-04 Outdoor) 1097 Jackson St Breezy's Central Tap+ (Outdoor Sale) 1046 Central Ave Beverly Larsen Denny's Lux Club+ (Sunday Sale) 3050 Asbury Rd DBQ Inc. Shot Tower Inn+ (Sunday Sale) 390 Locust St GMRllnc Olive Garden Italian Restr.+ (Sunday Sale) 3350 Dodge St Sublime Subiime+ (Sunday Sale) 3203 Jackson Lot One, LLC Lot One LLC+ (Sunday Sale) 100 Main St CLASS "B" WiNE Beecher Co. Inc. Beecher Beverage 1691 Asbury Rd Passed, approved and adopted this 3rd day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Sale of Park Property: City Manager recommending that a public hearing be set for May 17, 2004 to consider a request from Jeffrey and Julie Ann Chase to purchase a portion of Gay Park, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO, 184-04 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN LOT 1-3 OF GROMMERSCH PLACE, DUBUQUE IOWA Whereas, Jeffrey and Julie Ann Chase requested the purchase of Lot 1-3 of Grommersch Place; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Councii a plat showing a portion of Gay Park and assigned lot number thereto, which hereinafter shall be known and described as Lot 1-3 of Grommersch Place in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Gay Park is no longer required for public use, and vacating and sale of said portion of park as Lot 1-3 of Grommersch Place in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 1-3 of Grommersch Piace in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 1-3 of Grommersch Place in the City of Dubuque, Iowa to Jeffrey and Julie Ann Chase be contingent upon the payment of the cost of surveying and platting plus publication and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 3rd day of May, 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 5/17104 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 7-0. Residentiai Parking Permit District: City Manager recommending that a public hearing be set for May 17, 2004 to consider a request from residents on West 11th Street, West 16'h Street, and portions of Cornell Street and Pickett Street, presented and read. Ciine moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 185-04 RESOLUTION SETTING A PUBLIC HEARING ON ESTABLISHING A RESIDENTIAL PARKING PERMIT DISTRICT ON WEST 15TH STREET, WEST 16TH STREET, CORNELL STREET, AND PICKET STREET Whereas, the City of Dubuque, pursuant to Section 32-383 of the Code of Ordinances, have received petitions containing sufficient signatures requesting that an area described as follows be designated as a Residentiai Parking Permit District: West 15'h Street, West 16~ Street, Cornell Street, and Picket Street Whereas, pursuant to said Section 32-383, the City Manager has caused a parking study of the area identified 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 170 Regular Session, May 3, 2004 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 finds and determines that a valid petition has been received for the designation of West 15th Street, West 16th Street, Cornell Street, and Picket Street, as a Residential Parking Permit District. Section 2. That the Residential Parking Permit District hours be effective between the hours of 6 a.m. and midnight daily, except Sundays and holidays. Section 3. That the City Clerk be authorized 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 May 17, 2004. Passed, approved and adopted this 3" day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Ciine moved adoption of the Resolution and set this for public hearing on 5/17/04 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Tax Increment Revenue Bonds - Lower Main Development, LLC.: City Manager recommending that a public hearing be set for May 17, 2004 to consider the issuance of not to exceed $185,000 in urban renewal tax increment revenue bonds to support Lower Main Development, LLC.'s redevelopment of the former Weber Paper Company Building, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 186-04 RESOLUTION FIXtNG DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $185,000 URBAN RENEWAL TAX INCREMENT REVENUE NOTES OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue Urban Renewal Tax Increment Revenue Notes to the amount of not to exceed $185,000, as authorized by Section 403.9 of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out a project as hereinafter described; and WHEREAS, Section 403.9 sets forth the procedurai action required to be taken before said Urban Renewal Tax Increment Revenue Notes may be issued, and it is therefore necessary that the action hereinafter descrtbed be taken and that the Cierk publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action thereon and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at 6:30 o'clock P.M., on the 17th day of May, 2004, for the purpose of taking action on the matter of the issuance of not to exceed $185,000 Urban Renewal Tax Increment Revenue Notes, the proceeds of which will be used to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Urban Renewal Plan for the Greater Downtown Urban Renewal District, including the funding of an economic development grant to Lower Main Development, LL.C. under the terms of a Development Agreement dated April 19,2004 between the City of Dubuque and said developer. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legai newspaper, printed wholly in the English language, published at ieast once weekly, and having general circulation In said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said obligations. Section 3. The notice of the proposed action to issue said Urban Renewal Tax Increment Revenue Notes shall be in substantiaily the following form: NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $185,000 URBAN RENEWAL TAX INCREMENT REVENUE NOTES OF SAiD CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on the 17th day of May, 2004, at 6:30 o'clock P.M., in the Auditorium, Carnegie- Stout Public Library, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $185,000 Urban Renewal Tax Increment Revenue Notes in order to provide funds to pay costs of aiding in the pianning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Urban Renewal Plan for the Greater Downtown Urban Renewal District, Regular Session, May 3, 2004 171 inciuding the funding of an economic development grant to Lower Main Development, LLC. under the terms of a Development Agreement dated April 19, 2004 between the City of Dubuque and said developer. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additionai action for the issuance of said Urban Renewal Tax increment Revenue Notes or will abandon the proposal to issue said obligations. Said hearing and appeals therefrom shall be heid in accordance with and governed by the provisions of Section 403.9 of the Code of Iowa. This notice is given by order of the Council of Dubuque, Iowa, as provided by Section 403.9 of the Code of Iowa. Dated this 7th day of May, 2004. City Clerk of Dubuque, Iowa (End of Notice) Passed and approved this 3rd day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set this for pubiic hearing on 5/17/04 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Eagle Point Water Plant Elevator Replacement Project: City Manager recommending initiation of the public bidding process for the Eagle Point Water Plant Elevator Replacement Project and that a public hearing be set for June 7, 2004, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 187-04 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS Whereas, the proposed plans, specifications and form of contract for the elevator replacement at the Eagle Point Water Plant, 1902 Hawthorne Street, Dubuque, Iowa to comply with the American Disability Act Standards, in the estimated amount of $146,106.92 dollars have been prepared by the Allen and Urbain Architects of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The proposed plans, specifications and form of Contract are approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 3"' day of May, 2004. Terrance M. Dug9an, Mayor Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 188-04 FIXING DATE FOR 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 construction of the replacement of the elevator at the Eagle Point Water Piant to comply with the Americans With Disabilities Act Standards. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 7'h day of June, 2004 a public hearing will be held at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against 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 the newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear an file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 3" day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Cline moved adoption of the Resolution and set the public hearing for 617104 at a meeting to commence at 6:30 p.m. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 189-04 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Elevator Replacement at the Ea91e Point Water Plant, 1902 Hawthorne Street, Dubuque, Iowa to comply with the Americans With Disabilities Act Standards is hereby ordered to be advertised for bids for construction. Section 2. That the amount of the security to accompany each bid shall be in the amount 172 Regular Session, May 3, 2004 which shall conform to the provisions of the notice to bidders hereby approved as part of the plans and specifications heretofore adopted. Section 3. That the City Clerk is hereby directed to advertise for bids for the construction of the improvement herein provided to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on Wednesday, the 261h day of May, 2004. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the ih day of June, 2004. Passed, approved and adopted this 3" day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Roosevelt Road Phase II Water Main Extension Project: City Manager recommending initiation of the public bidding process for the Roosevelt Road Phase II Water Main Extension Project and that a public hearing be set for June 7, 2004, presented and read. Cline moved that the communication be received and filed. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 190-04 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, specifications, form of contract and estimated cost for the Roosevelt Road Phase II Water Main Extension Project in the estimated amount of $115,504.00 are hereby approved and ordered flied in the office of the City Clerk for public inspection. Passed, adopted and approved this 3" day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 191-04 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 Roosevelt Road Phase II Water Main Extension Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be heid on the ih day of June, 2004 at 6:30p.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 shali be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract or estimated cost of the improvement. Passed, adopted and approved this 3rd day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set public hearing for 6/7/04 at a meeting to commence at 6:30 p.m. in the public library auditorium and direct the City Cierk to publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 192-04 ORDERING BIDS NOW THEREFORE, BE iT RESOLVED BY THE COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the Roosevelt Road Phase II Water Main Extension Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of security to accompany each bid shall be in the amount which shall conform to the provisions of the Notice to Bids hereby approved as a part of the plans specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shaH not be iess than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 26th day of May, 2004. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 7th day of June, 2004. Passed, adopted and approved this 3" day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. BOARDS/COMMISSIONS Regular Session, May 3, 2004 173 Appointments to the following Commission: Civil Service Commission (One 4-Year Term to Expire 4/6/08 - Mayor Appointment) Applicant: Dick Wertzberger. Mayor Duggan reappointed Dick Wertzberger to a four year term on the Civil Service Commission which will expire 4/6/08. Markham moved to concur with the Mayor's reappointment. Seconded by Nicholson. Motion carried 7-0. PUBLIC HEARINGS Michalski moved to suspend the rules to allow anyone present to speak. Seconded by Nicholson. Motion carried 7-0. Lease Agreement with Hoffmann Schneider Funeral Home: Proof of publication on notice of hearing to consider a lease agreement with Hoffmann Schneider Funeral Home for a section of Jackson Park and City Manager recommending approval, presented and read. Rick Mihm and Mary Moody of the Catholic Worker House voiced opposition to this lease. David Stewart, 1492 Locust, requested another public hearing when plans are more set stating that the Historic Preservation Commission and neighborhood organizations need to look at it. Jim Schneider spoke and requested approval of the lease agreement and stated this is subject to Historic Preservation Commission and Engineering approval. Markham moved to approve the lease agreement conditionally, if approved by Historic Preservation Commission. Seconded by Nicholson. Motion carried 7-0. Right-of-Way Easement: Proof of publication on notice of hearing to consider vacating a 10- foot wide right-of-way easement in the City of Dubuque, Iowa, in accordance with an agreement adopted by City Council on February 16, 2004 with Kivlahan Farms, LLC and City Manager recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 193-04 RESOLUTION DISPOSING OF INTEREST AND VACATE A 10-FOOT WIDE RIGHT-OF- WAY EASEMENT ALONG THE EASTERLY LINE OF LOT N ARBOR ESTATES, BEING A PART OF THE SE 'I. OF THE SE 'I. OF SECTION 9, T89N, R2E, 5TH PM., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 23" day of April, 2004, the City Council of the City of Dubuque, Iowa met on the 3" day of May, 2004, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: A 10-foot wide right-of-way easement along the east line of Lot N Arbor Estates, in the City of Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit A Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, iowa, in real property described as a 10-foot wide right- of-way easement along the east line of Lot N Arbor Estates, in the City of Dubuque, Dubuque County, Iowa, as shown on Exhibit A, be and the same is hereby approved. Section 2. That the Mayor be authorized and directed to execute a Release of Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to Kivlahan Farms, LLC. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 3" day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Fiscal Year 2004 Budget Amendment: Proof of pubiication on notice of hearing to consider the fourth amendment to the Fiscal Year 2004 budget and City Manager recommending approval, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7- O. 174 Regular Session, May 3, 2004 RESOLUTION No 194-04 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAl. YEAR ENDING JUNE 30. 2004 (AS AMENDED LAST ON .j Be it Reoolved by the Counoll ofthe,C,," of OUBUQUE Se"," " FoII'"""9 no'œ publle"" a"d the public heeri"" held, Mey 3, 2004 the cunenl budget (os p",'ous^, amended) . ame"ded as .el out he..;n and;" the detail by '"d type a"d aeW", thaI "pports this .......'" which wo. co"""'e'" at Ihal hearin9' R~"_' Othe. Fino...,... So.- T_"""~ ,"",u_p~ T",,",- v., "'C.__T- """ T- TIF- 01,,", T- "'""_& ........ u.eof .... , """'" C "",..."" , -....."" .---. _F.............. T""""'_", ""'" Sou- ".."d".,"" Othe. "as.c",O U- ""'" """'- -...-....... C...~....- eom- """"""'"'" """""........... """,.".. T...___- B_T I T"""'_&_-"- T__O. T...,___"""", Eo-. .....- & ""'" """"'" 0." (U_-""""~,,"""'" F.......- , E"""F.......~Ju.." Pa,sedth;, 3rd /£~-é/?:~üOJ' {/ ..,~-. Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. 2004 Curb Ramp Installation - CDBG Project No.1: Proof of pubiication on notice of hearing to consider adoption of the plans and specifications for the 2004 Curb Ramp Installation - CDBG Project No.1 and City Manager recommending award of the contract to Kiuck Construction in the amount of $29,550, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. 15 16 17 16 19 20 21 22 23 2. 25 2. 27 28 C.nent Amendme"1 Tora; Budget aile, Cune"' Amendment 1 2 3 . 5 6 7 6 9 10 11 12 13 1& 30 31 -',164,395 0 45,449,962 7"S6,1S6 dayot ~I'~ ~~ RESOLUTION NO. 195-04 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 141h day of April, 2004, plans, specifications, form of contract and estimated cost were filed with the City Cierk of Dubuque, Iowa for the 2004 Curb Ramp Installation - CDBG Project No.1. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. Regular Session, May 3, 2004 175 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 3'" day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 196-04 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the 2004 Curb Ramp Installation - CDBG Project No.1 pursuant to Resolution No. 157-04 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 20'h day of April, 2004. Whereas, said sealed proposals were opened and read on the 27'h day of April, 2004, and it has been determined that the bid of Kluck Construction of Dubuque, Iowa, in the amount of $29,550.00 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 Kluck Construction and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the compiete 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 3'" day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Markham moved to reinstate the rules limiting discussion to the Council. Seconded by Buol. Motion carried 7-0. ACTION ITEMS Dubuque Humane Society: City Manager recommendin9 that the City accept the termination notice from the Dubuque Humane Society and pursue alternative methods of service delivery and communication from Jennifer A. Clemens-Conlon regarding the Dubuque Humane Society contract, presented and read. Jane McCall, Executive Director of the Humane Society, spoke and stated they had offered $61,000 in negotiations, not termination of the contract at the end of the contract year. Council discussed various specifics and ramifications of this issue. Cline moved to approve the recommendation of the City Manager and accept the termination of the Humane Society contract. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Cline, Connors, Duggan, Markham, Nicholson. Nays--Michalski. Arbor Estates - Finai Plat (Tabled on April 19, 2004): Nicholson moved to remove the following from the table. Seconded by Michalski. Motion carried 7-0. City Manager recommending approval of the final plat of the second phase of Arbor Estates, presented and read. Michaiski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. John Kivlahan spoke requesting adoption of the final plat and requested that the name of the extension of Bittersweet Lane be Arbor Wood Court. RESOLUTION NO. 197-04 A RESOLUTION APPROVING FINAL PLAT OF LOTS 12 THRU 19, INCLUSIVE, OF BLOCK 5, LOTS 1 THRU 10, INCLUSIVE OF BLOCK 6, LOTS 3 THRU 5, INCLUSIVE, BLOCK 7, LOT 1 OF BLOCK 8, LOT 1 OF BLOCK 9, AND LOTS H THRU N, INCLUSIVE, ALL OF ARBOR ESTATES, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Lots 12 thru 19, Inclusive, of Block 5, Lots 1 thru 10, Inclusive of Block 6, Lots 3 thru 5, Inclusive, Block 7, Lot 1 of Block 8, Lot 1 of Block 9, and Lots H thru N, Inclusive, all of Arbor Estates., in the City of Dubuque, Iowa; and Whereas, upon said final plat appears streets to be known as Honeysuckle Lane (Lot I), Arrowwood Lane (Lot L), and Bittersweet Lane (Lot J), and Arbor Woods Court (Lot H), together with certain public utility, sewer easements and right-of-way access (Lot M), which the owners by said final plat have dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon: and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 and 3 below; and 176 Regular Session, May 3, 2004 Whereas, said final piat has been examined by the City Council and they find 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: Section 1. That the dedication of Honeysuckle Lane (Lot I), Arrowwood Lane (Lot L), and Bittersweet Lane (Lot J) and Arbor Woods Court (Lot H), together with the easements for public utilities, sanitary sewer, storm sewer, water mains and right-of-way (Lot M) as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That the Final Plat of Lots 12 thru 19, Inclusive, of Block 5, Lots 1 thru 10, Inclusive of Block 6, Lots 3 thru 5, Inclusive, Block 7, Lot 1 of Block 8, Lot 1 of Block 9, and Lots H thru N, Inclusive, all of Arbor Estates is hereby approved by the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: (a) To reduce Honeysuckle Lane (Lot I), Arrowwood Lane (Lot L), Bittersweet Lane (Lot J), and Arbor Woods Court (Lot H) to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, 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 ail 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 (Lot 1, Block 9), and construct a temporary detention basin (Lot N) in a manner acceptable to the City Engineer, in accordance with the City of Dubuque standard specifications 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 future owner: And, further provided that said Kivlahan Farms, LC., 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 acceptabie 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 deveioped, 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 (Lot 1, Block 9) until it has been fully completed and is transferred to the condominium association. Upon the condominium association's acceptance of the detention facility, all maintenance expenses incurred shall be the responsibility of the Association. The developer shall be responsible for the operation and maintenance of the temporary detention basin until such time as a permanent detention basin is constructed as part of a future phase of Arbor Estates. Operation and maintenance of the detention facilities shall be in accordance with the approved Pollution Prevention Plan and all City, State and Federal Code Of Ordinances. If the development homeowners association fails to property maintain the detention facilities, any maintenance expense incurred by the City shall be assessed against the condominium owners, 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 ali public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 6. That in the event Kivlahan Farms, LC. fails to execute the acceptance and furnish the guarantees provided in Sections 2 and 3 Regular Session, May 3, 2004 177 hereof within 180 days after the date of this Resolution, the provisions hereof shaH be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 3" day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michaiski moved adoption of the Resolution and stated that the extension be named Bittersweet Lane. Seconded by Nichoison. Motion carried 7-0. UDAG Loan for Medline: City Manager recommending approval of a UDAG Loan of $62,000 to Medline as the City's match for the company's application to the Iowa Department of Economic Development (IDED) for an Iowa Values Fund forgivable loan to support their expansion project in Dubuque, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 198-04 A RESOLUTION APPROVING A UDAG LOAN OF SIXTY-TWO THOUSAND DOLLARS ($62,000) TO MEDLINE. Whereas, the City of Dubuque, Iowa has created an economic development loan program to assist local job creation efforts and provide matching funds for State financial assistance programs: and . Whereas, the City desires to assist Medline in its efforts to expand its operations in Dubuque and create new, permanent employment opportunities for local citizens: and Whereas, a UDAG Loan for Sixty-Two Thousand Dollars ($62,000) has been requested by Medline to match its application for an iowa Values Fund forgivable loan for the iowa Department of Economic Deveiopment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Council of the City of Dubuque, Iowa, approve the $62,000 UDAG Loan to Medline. Section 2. That the City Manager be and he is hereby authorized to negotiate and execute a UDAG Loan Agreement with Medline. Passed, approved and adopted this 3rd day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Port of Dubuque Passenger Boardin9 Facility: City Manager recommending that the City abandon current plans to build a stand-alone transit passenger boarding facility in the Port of Dubuque; that a portion of local matching funds from an existing CIP be used to leverage a grant from the State of Iowa to expand the existing waiting area at the KeyLine Transit Office; and that the remaining funds in the CiP be redirected to the additional costs anticipated in the new garage project on Kerper Court and improvements to the bus shelter system, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Five Flags Civic Center - Privatization: City Manager recommending authorization to negotiate a five year Management Agreement with Compass Facility Management, Inc. to manage the Five Flags Center beginning July 1, 2004: communication regarding IPERS coverage for Five Flags Civic Center employees; communication and proposal from Compass Facility Management, Inc. and proposal from SMG, presented and read. Michalski moved that the communications be received and fiied. Seconded by Connors. Motion carried 7-0. Michalski moved to enter into a contract for private management of the Five Flags Civic Center. Seconded by Connors. Carried by the following vote: Yeas-Buol, Connors, Duggan, Markham, Michalski, Nicholson. Nays-Cline. Vote on the specific management company for the Five Flags Civic Center: Buol voted for SMG: Cline voted for SMG; Connors voted for Compass; Duggan voted for SMG; Markham voted for SMG; Michalski voted for SMG; Nicholson voted for SMG. Buol moved that the City Manager should negotiate a contract with SMG. Seconded by Nicholson. Motion carried 7-0. At 8:52 P.M. Nicholson moved to go into Closed Session re: Pending Litigation and Property Acquisition - Chapter 21.5(1 )(c)(j) 2003 Code of Iowa. Seconded by Michalski. Motion carried 7-0. At 9:16 P.M. Council reconvened stating that staff had been given proper direction. There being no further business, Connors moved to adjourn. Seconded by Cline. Motion carried 7-0. The meeting adjourned at 9:19 P.M. 1t5/12 /s/ Jeanne F. Schneider, CMC City Clerk 178 Regular Session, May 3, 2004 2004 2004 ~ jf~'~ P- C nci embers ~ ~ ) ~~:z¿//-ðk~Q A/ y Clerk Special Session, May 17, 2004 179 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, May 17, 2004 Council met in Special Session at 5:00 P.M. in the Library Auditorium Present: Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen Absent: Mayor Duggan, Corporation Counsel Lindahl. Mayor Pro-Tem Nicholson read the call and stated this is a special session of the City Council called for the purpose of discussing the Bee Branch Restoration Alignment Study. Dan Lau of Camp, Dresser and McGhee (CDM - stormwater consultants) gave a presentation on the proposed Study. Charies Winterwood, Laurie Bartolotta, Faith Kramer, Frank Miller, Audrey Morey, Michelle Harry, members of the Bee Branch Citizens Advisory Committee, spoke regarding the process used in developing the preliminary alignment recommendation. Council Member Markham stated that stormwater control is at the top of the concerns list on every trip to Washington for requesting funding. Council consensus clarified there was no problem with the proposed alignment but thought that the $41 million cost was not feasible. Council Member Nicholson requested that the committee re-Iook at the alignment from the Railroad to Sixteenth St. Wayne Klostermann spoke stressing that the traffic flow needs to be considered as part of the recommendation. At 6:29 P.M. there being no further business, Buol moved to adjourn. Seconded by Markham. Motion 6-0. The special meeting was adjourned at 6:29 P.M. Is/ Jeanne F. Schneider, CMC City Clerk 11 5/26 2004 2004 Zttel': a ) j¿;?44//~/ ü'? /0/ .9itÝ Cierk 180 Regular Session, May 17, 2004 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, May 17, 2004 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Ciine, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. Invocation was given by Reverend Merlin Schlichting, Pastor of St. Peter Lutheran Church. CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 4/26; Cable TV Teleprogramming Commission of 4/26; City Council of 5/3; Human Rights Commission of 4/12; Investment Oversight Advisory Commission of 4/29; Park and Recreation Commission of 4/13; Zoning Advisory Commission of 5/5; Zoning Board of Adjustment of 4/22, presented and read. Buol moved that the minutes be received and filed. Seconded by Markham. Motion carried 7-0. Proofs of publication of City Council Proceedings of 4/19 and List of Claims and Summary of Revenues for month ending March 31, 2004, presented and read. Buol moved that the proofs be received and filed. Seconded by Markham. Motion carried 7-0. Investment Oversight Commission 44~ Quarterly Report, presented and read. Buol moved that the report be received and filed. Seconded by Markham. Motion carried 7-0. Notice of Claims/Suits: Dan Galle for vehicle damage; Angela McCarthy for personal injury, presented and read. Buol moved that the claims be referred to the Legal Staff. Seconded by Markham. Motion carried 7-0. Corporation Counsel advising that the following ciaims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Angela McCarthy for personal injury, presented and read. Buol mpved that the communication be received and Wed and concurred. Seconded by Markham. Motion carried 7-0. Citizen Communications: Communications from Sara Mewbourne and Realtors Janann Kleinstiver and John Klauer regarding sewer problems at 335 Klingenberg Terrace and requesting City assistance, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Markham. Motion carried 7-0. Communication from Sister Bernadine Curoe, SVM, submitting a petition in support of amending the current non-discrimination ordinance to include the category of sexual orientation, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Markham. Motion carried 7-0. Tentative Agreement with the Dubuque Professional Firefighter's Association, Local #353: City Manager recommending approval of a Tentative Agreement between the City of Dubuque and the Dubuque Professional Firefighter's Association, Local #353, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 199-04 ACCEPTING THE TENTATIVE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL #353 AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is pubiic employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the Dubuque Professional Firefighter's Association, Local #353 is an employee organization within the meaning of Section 3 (4) of the Public Employment Reiations Act; and Whereas, the Dubuque Professional Firefighter's Association, Local #353, submitted a request to bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and a tentative agreement has been reached. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the tentative agreement be accepted and the Mayor Regular Session, May 17, 2004 181 authorized and directed to sign the collective bargaining agreement. Passed, approved and adopted this 17th day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Parking Enforcement Software: City Manager recommending acceptance of the Parking Enforcement Software Project, as completed by EDC Corporation, in the final contract amount of $77,525, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 200-04 ACCEPTING PARKING ENFORCEMENT SOFTWARE Whereas, the contract for the Parking Enforcement Software has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contracts, plans, and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Fiscal Year 2004 Parking Construction Fund in amounts equal to the amount of this contract. Passed, approved and adopted this 17'h day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 201-04 FINAL ESTIMATE FOR THE PARKING ENFORCEMENT SOFTWARE Whereas, the contract for the parking enforcement software with EDC Corporation has been completed and the Economic Development Director has submitted his finai 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 software is hereby determined to be $77,525.00 and the said amount shall be paid from the Fiscal Year 2004 Parking Construction Fund. Passed, approved, and adopted this 17lh day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Iowa Street Ramp Skywalk Improvement Project: City Manager recommending acceptance of the Iowa Street Ramp Skywalk Project, as completed by Dubuque Glass Company and Prostruct Construction, in the final contract amount of $50,241.83, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 202-04 ACCEPTING IMPROVEMENT FOR THE IOWA STREET RAMP SKYWALK PROJECT Whereas, the contract for the Iowa Street Ramp Skywalk Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contracts, plans, and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Fiscal Year 2004 Parking Construction Fund in amounts equal to the amount of this contract. Passed, approved and adopted this 17'h day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 203-04 FINAL ESTIMATE FOR THE IOWA RAMP SKYWALK PROJECT Whereas, the contract for the Iowa Ramp Skywalk Project with Dubuque Glass Company and Prostruct Construction has been completed and the Economic Development Director has submitted his final estimate showing the cost thereof inciuding the cost of estimates, notices and inspection and ail miscellaneous costs: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 182 Regular Session, May 17, 2004 Section 1. That the cost of said improvement is hereby determined to be $50,241.83 and the said amount shall be paid from the Fiscal Year 2004 Parking Construction Fund. Passed, approved, and adopted this 17th day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Community Development Financial Institution (CDFI) Study: City Manager recommending approval to enter into a contract with Paige Chapel, co-funded by Dubuque Bank and Trust, for the purpose of an initial assessment of the feasibility of establishing a community development financial institution (CDFI) in Dubuque, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Phase V - Architectural/Historic Survey Consultant: City Manager recommending approval of the seiection of Jim Jacobsen as the consultant for Phase V of the Architectural/Historic Survey which involves the survey of Dubuque's oldest residential neighborhoods adjacent to the downtown area, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0 RESOLUTION NO. 204-04 RESOLUTION APPROVING A CONTRACT FOR PHASE V ARCHITECTURAL / HISTORIC SURVEY / EVALUATION Whereas, the State Historical Society of Iowa has awarded the City of Dubuque a Certified Local Government (CLG) grant to conduct a Phase V Architectural/Historic Survey/Evaluation of Dubuque's oldest residential neighborhoods adjacent to the downtown; and Whereas, the City Council has budgeted funds to conduct a Phase V Architectural/Historic Survey/Evaluation; and Whereas, the City Council has determined that this project should be completed with assistance from a qualified consultant. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the City Council does hereby award the contract for the Phase V Architectural/Historic Survey/Evaluation to Jim Jacobsen of History Paysl of Des Moines, Iowa. Section 2. That the Planning Services Manager is hereby authorized to negotiate and sign a contract with History Pays! for this project In an amount not to exceed $21,973.50. Passed, approved and adopted this 17th day of May 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Save America's Treasures Grant Application: City Manager recommending approval of a Save America's Treasures grant application in the amount of $300,000 for the Dubuque Shot Tower Rehabilitation Project, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0 RESOLUTION NO. 205-04 RESOLUTION AUTHORIZING SUBMITTAL OF A GRANT APPLICATION FOR REHABIL- ITATION OF THE DUBUQUE SHOT TOWER Whereas, the National Park Service makes historic preservation grants available to preserve nationally significant historic structures: and Whereas, the City of Dubuque has sufficient matching funds for the Save America's Treasures grant program; and Whereas, the City and State of Iowa have determined that the Dubuque Shot Tower is nationally significantly: and Whereas, the City has developed a plan for the rehabilitation of the Dubuque Shot Tower. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authortzed to sign the Save America's Treasures grant application to the National Park Service. Section 2. That the Planning Services Manager is hereby authorized to submit the grant application to the National Park Service. Section 3. The City Manager is hereby authorized to expend budgeted funds for the locai match of $200,000. Passed, approved and adopted this 17'" day of May 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resoiution. Seconded by Markham. Motion carried 7-0. Water Meter Reading Contract Renewal: City Manager recommending approval of a third five- year renewal of the City of Dubuque water meter-reading contract with Aquila effective July 1, 2004, presented and read. Buol moved that the communication be received and filed and approved recommendation for renewal of contract. Seconded by Markham. Motion carried 7-0. Regular Session, May 17, 2004 183 Fiscal Year 2005 Annual Action Plan - Amendment #1: City Manager recommending approval of an amendment to the City's Community Development Biock Grant (CDBG) Fiscal Year 2005 Annual Pian to provide for additional funding for the Community Partnership (cp2) program, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0 RESOLUTION NO. 206-04 RESOLUTION APPROVING AMENDMENT 1 TO THE FISCAL YEAR 2005 (PROGRAM YEAR 2004) ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Whereas, the City of Dubuque has prepared and filed with the U.S. Department of Housing and Urban Development an Annual Plan for Fiscal Year 2005 (Program Year 2004), and Whereas, the City now desires to amend said FY 2005 Annual Plan to allocate funds as per the attached Exhibit A: and Whereas, said amendment is a non- substantial amendment as provided in the City's Citizen Participation Plan and must therefore be approved by resolution of the City Council after review by the Community Development Advisory Commission: and Whereas, the Community Development Advisory Commission reviewed the proposed amendment on May 12, 2004 and voted to approve said amendment and to recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Amendment 1 to the Fiscal Year 2005 (Program Year 2004) Annual Plan for the Community Development Block Grant (CDBG) program hereto attached as Exhibit A is hereby approved. Section 2. That the City Manager is hereby authorized and directed to submit a copy of this resolution to the U. S. Department of Housing and Urban Development. Passed, approved and adopted this 17th day of May 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Community Partnership (cp2) Program - Fiscal Year 2005 Recommendation: City Manager recommending approvai of the Community Development Advisory Commission's allocation of Community Partnership Program (cp2) funds for Fiscal Year 2005, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0 RESOLUTION NO 207-04 RESOLUTION AUTHORIZING THE AWARD OF COMMUNITY PARTNERSHIP PROGRAM (cp2) FUNDS FOR FISCAL YEAR 2005. Whereas, under the provisions of Titie I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque has received Community Development Block Grant (CDBG) funds for the development and maintenance of a viable urban community through the provision of decent housing, a suitable living environment and expanded economic opportunities for its residents, particularly those persons of low and moderate income; and Whereas, the Community Partnership Program (cp2) was developed in the City of Dubuque in response to the national goals and objectives of the CDBG program: and Whereas, guidelines for the implementation of the Community Partnership Program (cp2) were approved and amended by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby awards Community Partnership Program (cp2) monies to the following organizations. The award shaH consist of a grant to the organization for the identified project and shall be for the amount noted below: Aoolicant Proiect Recommended Elderly Home-based $ 5,114 Kids Connection $ 7,000 Ryan House $17,580 Audubon Summer $17,244 HEART $30,000 Gannon Center Transportation / Mental Health Skill Development $12,277 TOTAL $89,215 Section 2. That the City Manager be and he is hereby authorized to develop and execute contracts with representatives from the aforementioned organizations in accordance with the program guidelines established for the Community Partnership Program and with the regulations of the Community Development Block Grant Program. Section 3. That upon execution of said contracts, the City Manager is hereby authorized and directed to disburse program funds in support of the approved projects and in Visiting Nurse Assn. Dental Program St. Mark Community Center Dubuque County Historical Soc. Accessibility Audubon Elementary School School Reading Program Four Oaks Inc of Iowa 184 Regular Session, May 17, 2004 accordance with the terms and conditions established in said contracts. Passed, approved and adopted this 17th day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Purchase of Property: City Manager recommending approval of the purchase of a residential dwelling located at 827 West 32"' Street as part of the acquisition program associated with expansion of the West 32"' Street detention basin, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 208-04 A RESOLUTION APPROVING THE ACQUI- SITION OF REAL ESTATE LOCATED AT 827 WEST 32"0 STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area adjacent to the West 32"" Street detention basin for purposes of stormwater mitigation activities as recommended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owners of the third property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot One (1) of One (1) of Seven (7) of Gillespie Subdivision, in the City of Dubuque, County of Dubuque, Iowa At the cost of one hundred eighty-seven thousand dollars ($187,000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Ciaim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 17th day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Heartland Financial Downtown Rehab Loan: City Manager recommending approval of a Memorandum of Understanding with Heartland Financial to provide certain financial assistance for the rehabilitation of the former Walsh Store Building, including a $300,000 Downtown Rehabilitation Loan, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7- 0 RESOLUTION NO. 209-04 A RESOLUTION AUTHORIZING A LETTER OF COMMITMENT AND ADDITIONAL ACTIONS CONCERNING A DOWNTOWN REHABILITATION LOAN TO HEARTLAND FINANCIAL USA, INC. Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan Program for the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal District; and Whereas, the City of Dubuque, Iowa is encouraging the use of this loan program to finance code compliance activities and to spur job creation activities; and Whereas, the loan application from Heartland Financial USA, Inc. meets the requirements of this program; and Whereas, a Commitment Letter, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of Heartland Financial USA, inc.'s participation in the Downtown Rehabilitation Loan Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of Heartland Financial USA, Inc. for participation in the Downtown Rehabilitation Loan Program is hereby accepted and approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Commitment Letter and to forward said letter to Heartland Financial USA, Inc. for review and approval. Section 3. That the City Manager be and he is hereby directed to prepare, upon execution and receipt of the attached Commitment Letter by the applicant, the necessary loan documents in accordance with the terms and conditions set forth in said Commitment Letter. Section 4. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized to disburse loan funds from the Downtown Rehabilitation Loan Program, in Regular Session, May 17, 2004 185 accordance with the terms and conditions of the executed agreement. Passed, approved and adopted this 17" day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Pv1. Michael Deutsch Resolution: Communication from Terry L. Cox, City Administrator of Harlan, Iowa, submitting a resolution of sympathy and support in honor of Pvt. Michael Deutsch, presented and read. Michalski moved that the communication be received and filed and directed Ihat a letter of thanks be sent to the City of Harlan. Seconded by Connors. Motion carried 7-0. State Historical Society of Iowa; Communication from the State Historical Society of Iowa advising that the West Eleventh Street Historic District and the Langworthy Historic District will be considered by the State National Register Nominations Review Committee for nomination to the National Register of Historic Places on June 11, 2004, presented and read. Buol moved that the communication be received and fiied. Seconded by Markham. Motion carried 7-0 Business Licenses: RESOLUTION NO. 210-04 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 filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER (5 - DAY SPECIAL EVENT) Dubuque Jaycees Dubuque Jaycees Hawthorne St Ext. Dubuque Jaycees - Main Main St Cul-de-Sac Dubuque J~cees -Tent North Lot 3 St overpass Dubuque Jaycees-Tent B North Lot 3" St overpass Dubuque Jaycees-Tent C North Lot 3" St overpass Dubuque Jaycees-Tent D North Lot 3" St overpass Dubuque Rotary Club Dubuque Rotary Booth A Dubuque Jaycees Event Dubuque Jaycees A Dubuque Jaycees Dubuque Jaycees Dubuque Jaycees Amphitheater-Bell St Dubuque Rotary Club Dubuque Rotary Booth B Amphitheater-Bell St Dubuque Jaycees Dubuque Jaycees -Tent A Main St (6th to 8th) Dubuque Jaycees-Tent B Main St (6th to 8th) Dubuque Jaycees Dubuque Jaycees-Tent C Main St (6th to 8th) CLASS "B" BEER Prospect Pizza L TD Pizza HuH (Sunday Sale) 2075 JFK Rd Prospect Pizza L TD Pizza Hut+ (Sunday Sale) 320 E 20th St CLASS "C" BEER PERMIT Casey's Marketing Com Casey's General Store #2420+(Sunday Sale) 2699 Rockdale Casey's Marketing Com Casey's General Store #2421 +(Sunday Sale) 4003 Peru Rd Passed, approved and adopted this 17th day of May, 2004. Dubuque Jaycees Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 211-04 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 filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named appiicants a Liquor License. CLASS "A" (CLUB) LIQUOR LICENSE Dubuque Golf & Country Club Dubuque Golf+ (Sunday/Outdoor Sale) 1800 Randall CLASS "C" BEER/LIQUOR LICENSE Patricia Broessel Corner Tap+ (Sunday Sale) 2093 Washington St Tott's Tap Tott's Tap+ (Sunday Sale) 3457 Jackson St Easy Street LLC Easy Street+ (Sunday Sale) 431 Rhomberg Ave Clarke College Clarke College (1 Day Outdoor Saie) 1550 Ciarke Dr SPECIAL CLASS "C" LIQUOR LICENSE Athenian Grill, Inc Athenian Grill 1091 University Av Passed, approved and adopted this 17th day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 186 Regular Session, May 17, 2004 Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. PUBLIC HEARINGS Michalski moved that the rules be suspended to allow anyone present to speak. Seconded by Nicholson. Motion carried 7-0. Julien Dubuque Drive Planned Industrial District: Proof of publicaUon on notice of hearing to consider an amendment to the Julien Dubuque Drive Planned Industrial District to allow off-premise signs (billboards) in Zone A as per Heavy Industrial bulk standards at the request of Flint Drake/Bird Sign, Inc. and Zoning Advisory Commission recommending denial, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7-0. David Hartig, 1255 Southern and Wayne Buchholz, Park Ranger for the IA DNR, spoke in opposition to this proposed zoning amendment Gene Bird, Bird Sign Co., spoke in support of the proposed amendment. An Ordinance Repealing Section E(3) of Ordinance No. 17-84 and enacting a new Section E(3) in lieu thereof pertaining to off- premise signage requirements of the Julien Dubuque Drive PI Planned Industrial District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 31'()4 AN ORDINANCE REPEALING SECTION E(3) OF ORDINANCE NO. 17-84 AND ENACTING A NEW SECTION E(3) IN LIEU THEREOF PERTAINING TO OFF-PREMISE SIGNAGE REQUIREMENTS OF THE JULIEN DUBUQUE DRIVE PI PLANNED INDUSTRIAL DISTRICT. Whereas, Ordinance No. 17-84 was adopted June 4, 1984 by the City Council establishing the Julien Dubuque Drive PI Planned Industrial District; and Whereas, Bird Sign Company has requested an amendment to the PUD Ordinance regulating signage requirements in the PI Planned Industrial District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) is hereby amended by repealing Section E(3) of Ordinance No. 17-84 and enacting a new Section E(3) in lieu thereof, as follows: Section E. (3) Additional Standards: (a) Signage shall be limited to one (1) freestanding or wall-mounted sign per each 100 feet of lot frontage, not to exceed three signs per industrial use. (b) Sign area shall not exceed 100 square feet per sign. (c) Directional signs shall not exceed six (6) square feet per sign. No maximum number of directional signs is established. (d) Off-premise signs shall only be allowed within Parcel A. Off-premise signs shall be regulated as per the HI Heavy Industrial off- premise sign reguiations. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication as provided by Law. Passed, approved and adopted this 17'" day of May 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 21" day of May, 2004. Jeanne F. Schneider, CMC, City Clerk 11 5/21 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Connors. Carried by the following motion: Yeas-Buol, Cline, Connors, Duggan, Markham, Nicholson. Nays-Michalski. Text Amendment - Greater Downtown Urban Renewal District: Proof of publication on notice of hearing to consider an amendment to the C-5 Business District to coincide with the Greater Downtown Urban Renewal District regarding regulation of off-street parking as requested by the City of Dubuque and the Zoning Advisory Commission recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance amending Section 3-3.5(G)(E) of the City of Dubuque Code of Ordinances by revising the off-street parking requirements in the C-5 Business District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 32-04 AN ORDINANCE AMENDING SECTION 3- 3.5{G)(E) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY REVISING THE OFF- STREET PARKING REQUIREMENTS IN THE C-5 BUSINESS DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, May 17, 2004 187 Section 1. That Section 3-5.5(G)(E) of the Code of Ordinances is hereby amended by revising the off-street parking requirements in the C-5 Business District as follows: (G) Parking Requirements. (1) Surface off-street parking lots are prohibited in the C-5 Business District, unless approved by the City. Underground and aboveground parking garages are allowed provided they are an integral part of a new building. (E) (2) Temporary surface parking lots are allowed as part of a construction or redevelopment project. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 17th day of May 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 21st day of May, 2004. Jeanne F. Schneider, CMC, City Clerk 11 5/21 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetin9s prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Sale of Park Property: Proof of publication on notice of hearing to consider a request from Jeffrey and Julie Ann Chase to purchase a portion of Gay Park and City Manager recommending approval, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Jeff Chase, 654 Kane, spoke requesting the sale. RESOLUTION NO. 212-04 RESOLUTION APPROVING PLAT OF LOT 1-3 AND LOT 2.3 OF GROMMERSCH PLACE Whereas, there has been presented to the City Councii of the City of Dubuque, Iowa, a plat dated 14th day of Aprii, 2004, prepared by IIW Engineers & Surveyors, PC describing the proposed division of Gay Park (Lot 3 of Grommersch Place). Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated 14th day of April, 2004, prepared by IIW Engineers & Surveyors, PC relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behaif of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said piat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 17th day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 213-04 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1-3 OF GROMMERSCH PLACE, DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 7th day of May, 2004, the City Councii of the City of Dubuque, Iowa met on the 17th day of May, 2004, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 1-3 of Grommersch Place in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the saie of City of Dubuque real property described as Lot 1-3 of Grommersch Place in the City of Dubuque, Iowa to Jeffrey and Julie Ann Chase be and the same is hereby approved for the cost of surveying and piattlng, plus cost of publication and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Jeffrey and Julie Ann Chase upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City 188 Regular Session, May 17, 2004 Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 17th day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Residential Parking Permit District: Proof of publication on notice of hearing to consider establishing a Residential Parking Permit District on West 15th Street from Cornell Street to Fairview Street, West 161h Street from Catherine Street to Fairview Place, Cornell Street and Picket Street as requested by the residents of the area and City Manager recommending approval, presented and read. Michalski moved that the proof and communication be received and filed. Seconded by Buol. Motion carried 7. O. Mary Ritt, 1531 Cornell St., Dave Schroeder, 1493 Corneli, Gary Schlosser, 1589 Cornell and Dave Campbell, 569 W. 161h all spoke in favor of this Residential Parking Permit District. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, by adopting a new Section 32-400 Providing for the Designation of West 151h Street from Corneli Street to Fairview Street, West 161h Street from Catherine Street to Fairview Place, Cornell Street, and Pickett Street as a Residential Parking Permit District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 33-04 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADOPTING A NEW SECTION 32- 400 PROVIDING FOR THE DESIGNATION OF WEST 15TH STREET FROM CORNELL STREET TO FAIRVIEW STREET, WEST 16TH STREET FROM CATHERINE STREET TO FAIRVIEW PLACE, CORNELL STREET, AND PICKETT STREET AS A RESIDENTIAL PARKING PERMIT DISTRICT Whereas, Sections 32-381 through 32-393 of the Code of Ordinances of the City of Dubuque, Iowa, empowers the City Council to establish a Residential Parking Permit District upon receipt of a valid petition and the finding of certain conditions; and Whereas, a valid petition has been received to declare an area described as follows as a Residential Parking Permit District: West 151h Street from Cornell Street to Fairview Street, West 16th Street from Catherine Street to Falrview Place, Comeli Street, and Pickett Street Whereas, the City Manager has caused a parking study of the above identified area to be conducted, and which study has established that the area meets the criteria as established in Section 32-383 of the Code of Ordinances of the City of Dubuque, Iowa: 1. At least 80 percent (80%) of the curbside parking spaces in the proposed Parking Permit District were utilized during peak periods; and 2. At least 25 percent (25%) of the curbside parking spaces in the proposed Parking Permit District were utiiized by nonresident parkers; and Whereas, the City Manager, based upon the petition and the results of the parking study, recommends to the City Council that the area be designated as a Residential Parking Permit District during the hours of 6 a.m. to midnight daily, except Sundays and holidays; and Whereas, the City Council pursuant to public notice on May 7, 2004, in the City of Dubuque Telegraph Herald, a newspaper of general circulation, met in session on the 1ih day of May, 2004, at 6:30 p.m. at the Carnegie Stout Public Library, 360 111h Street, for the purpose of hearing all interested persons and representatives of organizations and to consider any and all objections which have been filed to the proposed designation of the above area as a Residential Parking Permit District during the hours of 6 a.m. to midnight except Sundays and holidays; and Whereas, all interested parties have been given an opportunity to be heard and all objections have been duly considered. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a petition containing the required number of signatures and meeting the intent and purpose of Section 32-381 through 32-393 of the Code of Ordinances of the City of Dubuque, Iowa, has been received by the City of Dubuque. Section 2. That any and all objections to the designation of the area as a Residential Parking Permit District during the hours of 6 a.m. to midnight daily, except Sundays and holidays be and same are overruled. Section 3. That the recommendation of the City Manager based upon the petition and the parking study to designate the area as a Residential Parking Permit District during the hours of 6 a.m. to midnight daily, except Saturdays and holidays, is hereby approved and accepted. Section 4. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by enacting the followin9 new Section 32-400: SEC. 32-400. RESIDENTIAL PARKING PERMIT DISTRICT G. Regular Session, May 17, 2004 189 a) The following described area constitutes a Residential Parking Permit District designated as Residentiai Parking Permit "G". West 15'h Street from Cornell Street to Fairview Street, West 16'h Street from Catherine Street to Fairview Place, Cornell Street, and Pickett Street b) No vehicles shall park curbside in Residential Parking Permit District G during the hours of six o'clock (6:00) A.M. to midnight, except Sundays and holidays, without displaying a vaiid parking permit issued by the City. Passed, approved and adopted this 17'h day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Heraid newspaper this 21" day of May, 2004. Jeanne F. Schneider, City Clerk 11 5/21 Michalski moved that the requirement that the proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Buol. Motion carried 7-0. An Ordinance Amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa, prohibiting parking on designated streets or portions thereof by adding May Place from Cornell Street to its westerly terminus, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 34-04 AN ORDINANCE AMENDING SECTION 32- 262(d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF BY ADDING MAY PLACE FROM CORNELL STREET TO ITS WESTERLY TERMINUS NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, is amended by adding to Subsection (d) of Section 32-262 the following: May Place, from Cornell Street to its westerly terminus Passed, approved and adopted this 17'h day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 21" day of May, 2004. Jeanne F. Schneider, CMC, City Clerk 11 5/21 Michalski moved that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Buol. Motion carried 7-0. Tax Increment Revenue Bonds - Lower Main Development, L.L.C.: Proof of publication on notice of hearing to consider the issuance of not to exceed $185,000 in urban renewal tax increment revenue bonds to support Lower Main Development, LLC.'s redevelopment of the former Weber Paper Company Building and City Manager recommending approval, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 214-04 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $185,000 URBAN RENEWAL TAX INCREMENT REVENUE NOTES WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $185,000 Urban Renewal Tax Increment Revenue Notes for the purpose of pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Urban Renewal Plan for the Greater Downtown Urban Renewal District, including the funding of an economic development grant to Lower Main Development, L.LC. under the terms of a Development Agreement dated April 19,2004 between the City of Dubuque and said developer, and has considered the extent of objections received from residents or property owners as to said proposed issuance; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional acüon for the sale and issuance in the manner required by law of not to exceed $185,000 Urban Renewal Tax Increment Revenue Notes for the foregoing purpose. PASSED AND APPROVED this 17th day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. 190 Regular Session, May 17, 2004 RESOLUTION NO. 215-04 A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF 182,000 URBAN RENEWAL TAX INCREMENT REVENUE NOTES, TAXABLE SERIES 2004, OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR THE SECURING OF SUCH NOTES FOR THE PURPOSE OF CARRYING OUT AN URBAN RENEWAL PROJECT IN THE AREA OF THE CITY OF DUBUQUE, IOWA DESIGNATED AS THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT WHEREAS, the City Council of the City ,of Dubuque, Iowa (the "City" or the "Issue~') has heretofore, by Resolution No. 170-04 of this City Council approved on April 19, 2004, adopted an Urban Renewal Plan (the "Urban Renewai Plan") under which plan there is to be carried out urban renewai project activities in an area designated as the Greater Downtown Urban Renewal District (the "Project Area"); and WHEREAS, it is presently estimated that the costs of carrying out the purposes and provisions of the Urban Renewal Plan for the Project Area, including the purpose set forth In Section 3 hereof, exceed $185,000, and provisions must now be made by the City to provide for the payment of such costs by the issuance of Notes: and WHEREAS, the City has heretofore adopted Ordinance Nos. 30-82 and 66-89, each as previously amended, under Section 403.19 of the Code of Iowa (collectively, the "Ordinance"), under which the taxes levied on the taxable property in the Project Area shail be divided, and a special fund created under the authority of Section 403.19(2) of the Code of Iowa, as amended (which special fund is hereinafter referred to as the "Greater Downtown Urban Renewal Tax Increment Revenue Fund" or "Revenue Fund") which fund was created in order to pay the principal of and interest on loans, monies advanced to or indebtedness whether funded, refunded, assumed, or otherwise, inciuding bonds issued under the authority of Section 403.9(1) of the Code of Iowa, as amended, incurred by the City to finance or refinance in whole or in part urban renewal project activities undertaken within the Project Area, and pursuant to which Ordinance such Revenue Fund may be irrevocably piedged by the City for the payment of principal and interest on such indebtedness: and WHEREAS, the notice of intention of Issuer to take action for the issuance of not to exceed $182,000 Urban Renewal Tax Increment Revenue Notes has heretofore been duly published and no objections to such proposed action have been filed and it is now necessary and advisable that provisions be made for the issuance of Notes to the amount of $182,000 pursuant to the provisions of Section 403.9(1) of the Code of Iowa, payable from a portion of the income and proceeds of the Revenue Fund and other funds of the City derived from or held in connection with the undertaking and carrying out of the Urban Renewal Plan for the Project Area as described herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA: Section 1. Definitions. in addition to the defined terms set forth in the preambles hereof, the following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: + "Clerk" shall mean the City Clerk or such other officer of the successor Governing Body as shall be charged with substantially the same duties and responsibilities; + "Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body; + "Develope~' shall mean Lower Main Development, L.L.C., an Iowa limited liability company; + "Development Agreement" shall mean the Development Agreement dated as of April 19, 2004 by and between the City and the Developer, as amended from time to time; + "Development Property" shall mean that portion of the Project Area being deveioped by the Developer under the terms of the Development Agreement, upon which the Developer has covenanted to construct the Minimum Improvements, being legally described as set forth in the Development Agreement; + "Fiscal Yea~' shall mean the twelve-month period beginning on July I of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the Issuer; + "Governing Body" shall mean the City Council of the City, or its successor in function with respect to the operation and control of the Project Area; + "Greater Downtown Urban Renewal Tax Increment Revenue Fund" or "Revenue Fund" means the special fund of the City created under the authority of Section 403.19(2) of the Code of Iowa and the Ordinance, which fund was created in order to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, including bonds or other obligations issued under the authority of Section 403.19 or 403.12 of the Code of Iowa, incurred by the City to finance or refinance in whole or in part projects undertaken pursuant to the Urban Renewal Plan for the Project Area: Regular Session, May 17, 2004 . "Independent Auditor" shall mean an independent firm of Certified Pubiic Accountants or the Auditor of State: . "Issue(' and "City" shall mean the City of Dubuque, Iowa; . "Lower Main Development TIF Account" means a separate account to be established within the Greater Downtown Urban Renewal Tax Increment Revenue Fund of the City, in which there shall be deposited all Tax Increments received by the City in respect of the Minimum Improvements and the Development Property: . "Minimum Improvements" shall mean the capital investment by the Developer of not less than $2 million in building improvements, equipment, furniture and fixtures on the Development Property in accordance with the terms of the Development Agreement; . "Notes" or "Note" shall mean the $182,000 Urban Renewal Tax Increment Revenue Note, Taxable Series 2004, authorized to be issued by this Resolution; . "Original Purchase(' shall mean Dubuque Bank & Trust Company, Dubuque, Iowa, as the purchaser of the Note from Issuer at the time of its original issuance; . "Paying Agent" shall be the City Treasurer, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Note as the same shall become due; . "Project Area" shall mean the Greater Downtown Urban Renewal District of the Issuer, as amended from time to time; . "Project Fund" or "Construction Account" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Note; . "Registra(' shall be the City Treasurer of Dubuque, iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Note. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Note; . "Tax Increments" means the property tax revenues divided and made available to the City for deposit in the Greater Downtown Urban Renewal Tax Increment Revenue Fund under the provisions of Section 403.19 of the Code and the Ordinance; . "Treasure(' 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 Note issued hereunder. 191 Section 2. Authoritv. The Note authorized by this Resolution shall be issued pursuant to Section 403.9 of the Code of Iowa, and in compliance with all applicabie provisions of the Constitution and laws of the State of Iowa. Section 3. Authorization Puroose Aooroval of Purchase Aoreement and Disbursements. There are hereby authorized to be issued, negotiable, serial, fully registered Urban Renewal Tax Increment Revenue Note, Taxable Series 2004, of the City of Dubuque, in the County of Dubuque, State of Iowa, in the aggregate amount of $182,000 for the purpose of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Urban Renewal Plan for the Greater Downtown Urban Renewal District, including the funding of an economic development grant to Lower Main Development, L.L.C. under the terms of a Development Agreement dated Aprii 19, 2004 between the City of Dubuque and said developer. The Purchase Agreement between the City and the Original Purchaser (the "Purchase Agreement") is hereby approved in substantially the form presented at this meeting, and the Mayor and City Clerk are authorized to execute and deliver the same on behalf of the City with such changes as shall to them, upon the advice of Corporation Counsel, be necessary or appropriate. On the date of issuance of the Note, proceeds of the Note in the amount of $155,000 shall be drawn upon and deposited in the Project Fund and held in such fund until disbursed to the Developer in accordance with the Development Agreement and applied to costs of issuance of the Note. In addition to such amount the aggregate sum of $26,347.19 shali be withdrawn by the Treasurer on December 30, 2004, June 30, 2005, December 31, 2005 and June 30, 2006 (in the respective amounts set forth in the Purchase Agreement) and deposited in the Sinking Fund established in Section 16 hereof and thereafter appiied to the payment of interest on the Note on said dates. Section 4. Source of Pavment. As provided and required by Chapter 403 of the Code of Iowa, and Section 403.9, the Note and interest thereon shall be payable from and secured solely and only by amounts deposited and held from time to time in the Lower Main Development TIF Account of the City. The City hereby covenants and agrees to maintain the Ordinance in force durin9 the term of the Notes and to apply the Tax Increments collected In respect of the Development Property and the Minimum improvements located thereon and allocated to the Lower Main Development TIF Account to the payment of the principal of and interest on the Notes. The Notes shall not be 192 Regular Session, May 17,2004 payable in any manner from other Tax Increments collected in respect of other properties within the Project Area or by general taxation or from any other City funds. The Notes shall not constitute an indebtedness within the meaning of any statutory debt limitation or restriction and shall not be subject to the provisions of any other law relating to the authorization, issuance or sale of bonds. The Notes shall recite in substance that they have been issued by the City in connection with an urban renewal project as defined in Chapter 403 of the Code of Iowa, and in any suit, action or proceeding involving the validity or enforceability of any Note issued hereunder or the security therefor, such Notes shall be conciusiveiy deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located and carried out in accordance with the provisions of Chapter 403 of the Code of Iowa. Section 5. Note Details. Urban Renewal Tax Increment Revenue Notes of the City in the amount of $182,000 shall be issued pursuant to the provisions of Section 403.9 of the Code of Iowa for the aforesaid purpose. The Notes shall be designated "URBAN RENEWAL TAX INCREMENT REVENUE NOTE, TAXABLE SERIES 2004", be dated as of the date of delivery, and bear interest from the date of disbursement of the proceeds thereof at the rate of 8% per annum, until payment thereof, at the office of the Paying Agent, and shall mature in the principal amounts set forth on the disbursement and repayment schedule attached to the Purchase Agreement as Exhibit A and incorporated herein by this reference. As set forth on said schedule, principal shall be payable on December 31, 2006 and semiannually thereafter on the last business day of June and December of each year in the amounts set forth therein until principal and interest are fully paid, except that the final installment of the entire baiance of principal and interest, if not sooner paid, shall become due and payable on June 29, 2016. The Note shall be executed by the manual signature of the Mayor and attested by the manual signature of the City Clerk, and impressed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, II any shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Note. The Note shall be in the denomination of $1,000 or multiples thereof and shall, at the request of the Original Purchaser, be issued initially as a single Note in the principal amount of $182,000 and numbered R-1. Section 6. Redemotion. The principal of the 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, by giving thirty days' notice of redemption by registered or certified mail, to the registered owner of the Note. The terms of redemption shall be par, plus accrued interest to date of call. Section 7. Reaistration of Notes' Aooointment of Reaistrar' Transfer' Ownershio' Deliverv' and Cancellation. (a) Reaistration. 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 Treasurer is hereby appointed as Note 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 and Section 384.83{5) of the Code of Iowa, 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 identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a 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) Reaistration of Transferred Notes. In all cases of the transfer of the Notes, the Registrar shall register, at the eartiest 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 Regular Session, May 17,2004 193 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 vaiid 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. All Notes which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled 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 is not presented for payment of principal at the maturity or redemption date, if 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 liabiiity 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 Resolution or on, or with respect to, such interest or Notes. The Paying Agent's obligation to hoid such funds shall continue for a period equal to two years interest or principal became due, whether at maturity, or at the date fixed for 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. Section 8. 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 iieu 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 reguiations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 9. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any 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 of the month 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 principai shall only be made upon surrender of the Note to the Paying Agent. Section 10. Execution Authentication and Deliverv of the Notes. Upon the adoption of this Resolution, 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 Original 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 Certificate 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 11. Rioht to Name Substitute Pavina Aaent or Reoistrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered Noteholder. Section 12. Form of Note. Notes shall be printed in substantial compliance with standards proposed by the American Standards institute substantially in the form as follows: 194 Regular Session, May 17, 2004 c:::::œ:=:::J ~ c:::::œ:=:::J ~ (1) c:::m:=:J c=m:=::J c::=::N:::J c:m::::::::J (9) (9.) I (10) (Co",in",d on tho book ofthi, Nolo) I 1I1)(1¿)(UI {14' {I'I FIGURE I (Fronl) (10) (16) (Continuod) FIGURE 2 (Book) Regular Session, May 17, 2004 195 The text of the Notes to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1; "STATE OF IOWA" "COUNTY OF DUBUQUE" "CITY OF DUBUQUE" "URBAN RENEWAL TAX INCREMENT REVENUE NOTE" "TAXABLE SERIES 2004" [TAXABLE FOR FEDERAL INCOME TAX PURPOSES] Item 2, figure 1 ; Rate: 8.00% Item 3, figure 1 ; Maturity: As described herein Item 4, figure 1 ; Note Date: Date of Delivery Item 5, figure 1 ; Cusip No.: N/A Item 6, figure 1 ; "Registered" Item 7, figure 1 ; Certificate No. R-1 Item 8, figure 1 ; Principal Amount: $182,000 Item 9, figure 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: Dubuque Bank & Trust Company Dubuque, Iowa (the "Lender") Item 10, figure 1 ; or registered assigns, the principal sum of (principal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity dates described herein, 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 of disbursement of the proceeds hereof until paid at the rate per annum specified above, payable on December 31, 2004, and semiannually thereafter on the last business day of June and December of each year until maturity as hereinafter provided. This Note shall mature in the principal amounts set forth on the disbursement and repayment schedule attached hereto as Exhibit A and incorporated herein by this reference. As set forth on said schedule, principal shall be payable on December 31, 2006 and semiannually thereafter on the iast business day of June and December of each year in the amounts set forth therein until principal and interest are fully paid, except that the final installment of the entire balance of principal and interest, if not sooner paid, shaH become due and payabie on June 29, 2016. Interest and principal shali 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 of the month next preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of tweive 30-day months. THE ISSUER DOES NOT INTEND OR REPRESENT THAT THE iNTEREST ON THIS NOTE WILL BE EXCLUDED FROM GROSS INCOME FOR FEDERAL INCOME TAX PURPOSES UNDER SECTION 103 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND THE ISSUER IS NOT OBLIGATED TO TAKE ANY ACTION TO ATTEMPT TO SECURE ANY SUCH EXCLUSION. THE HOLDER OF THIS NOTE THEREFORE SHOULD TREAT THE INTEREST THEREON AS BEING SUBJECT TO FEDERAL INCOME TAXATION. This Note is issued pursuant to the provisions of Section 403.9 of the Code of Iowa, as amended, for the purpose of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Urban Renewal Plan for the Greater Downtown Urban Renewal District, including the funding of an economic development grant to Lower Main Development, LL.C. (the "Develope~') under the terms of a Development Agreement dated April 19, 2004 between the City of Dubuque and said Developer, in conformity to a Resolution of the Council of said City duly passed and approved (the "Resolution"). This Note is not an indebtedness within the meaning of any statutory provisions, or a general obligation of the City. This Note evidences a straight line of credit. Once the total amount of principal has been advanced, Issuer is not entitled to further ioan advances. Advances under this Note, as well as directions for payment from issuer's accounts, may be requested orally or in writing by Issuer or by an authorized person. Lender may, but need not, require that all oral requests be confirmed in writing. Issuer agrees to be iiable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (B) credited to any of Issue~s accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's intemal records, including daily computer print-outs. Lender will have no obligation to advance funds under this Note if: (A) Issuer or any guarantor is in default under the terms of this Note or any agreement that Issuer or any guarantor has with Lender, including any agreement made In connection with the signing of this Note; (B) Issuer or any guarantor ceases doing business or is insolvent: (C) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guaranto~s guarantee of this Note or any other ioan with Lender; (D) Issuer has applied funds provided pursuant to this Note for purposes other than those authorized by Lender; or (E) Lender in good faith believes itself insecure. 196 Regular Session, May 17, 2004 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, by giving thirty days' notice of redemption by registered or certified mail, to the registered owner of the Note. The terms of redemption shall be par, plus accrued interest to date of call. 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, 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 Noteholders of such change. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.83(5) of the Code of Iowa, subject to the provisions for registration and transfer contained in the Note Resolution. This Note, as provided in the Resolution of which notice is hereby given and is hereby made a part hereof, is payable from and secured solely and only by a pledge of the tax increment revenues collected in respect of the Develope~s property located within the Greater Downtown Urban Renewal District (the "Project Area"), as defined and provided In said Resolution, as referred to and authorized in subsection 2 of Section 403.19 of the Code of Iowa, as amended ("incrementai taxes"). There has heretofore been established and the City covenants and agrees that it will maintain in force an ordinance providing for the division of incremental taxes within the Project Area and for the establishment of a sinking fund to meet the principal of and interest on this Note as the same becomes due. This Note is not payable In any manner from other incremental taxes collected in respect of other properties within the Project Area or by general taxation and under no circumstances shall the City be in any manner liable by reason of the failure of said tax Increment revenues to be sufficient for the payment hereof. And it is hereby represented and certified that 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 law. IN TESTIMONY WHEREOF, said City by its City 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 authenticated by the manual signature of an authorized representative of the Registrar, the City Treasurer, Dubuque, Iowa. Item 11, figure 1 = Date of authentication: Item 12, figure 1 = This is one of the Notes described in the within mentioned Resolution, as registered by the City Treasurer. CITY TREASURER By: Registrar Item 13, figure 1 = Registrar and Transfer Agent: City Treasurer Paying Agent: City Treasurer Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block] CITY OF DUBUQUE, IOWA By: Mavor's manual sianature Mayor ATTEST: By: City Clerk's manual sianature City Clerk Item16,figure2= It is certified that the following is a correct and complete copy of the opinion of bond counsel issued as of the date of delivery of the issue of which this Note is a part. (manual sionature) City Clerk [Opinion of Bond Counsel] Item 17, figure 2 = [Assignment Block] [Information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Note and does hereby 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 certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. irrevocably INFORMATION REQUIRED REGISTRATION OF TRANSFER Name of Transferee(s) FOR Regular Session, May 17, 2004 197 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 ALSO BE USED THOUGH NOT IN THE ABOVE LIST. Section 13. Eouality of Lien. The timely payment of principal of and interest on the Notes shall be secured equally and ratably by the Tax Increments collected and allocated to the Lower Main Development TIF Account without priority by reason of number or time of sale or delivery; and the Tax Increments collected and allocated to the Lower Main Development TIF Account are hereby irrevocably pledged to the timely payment of both principal and interest as the same become due. Section 14. Application of Note Proceeds. Proceeds of the Note shall be drawn upon and applied as described in Section 3 hereof. Subject to the limitations contained in Code Section 403.9(1) any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Note 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. Section 15. Tax Levv. After its adoption, a copy of this Resolution shall be filed in the office of the County Auditor of Dubuque County to evidence the pledging of a portion of the Greater Downtown Urban Renewal Tax Increment Revenue Fund and the portion of taxes to be paid into the Lower Main Development TIF Account and, pursuant to the direction of Section 403.19 of the Code of Iowa, the Auditor shall thereafter allocate the taxes in accordance therewith and in accordance with the Ordinance referred to in the preamble hereof. It is hereby certified that the annual amount of Tax Increments to be collected in respect of the Development Property and the Minimum Improvements located thereon pursuant to Section 403.19(2) of the Code of Iowa shall be not less than the annual requirement for principal and interest on the Note, as follows: Amount of Principal Fiscal Year (July 1 to June 30) and Interest Year of Collection $26,348 2005/2006 13,350 2006/2007 13,350 2007/2008 13,350 2008/2009 13,350 2009/2010 13,350 2010/2011 13,350 2011/2012 13,350 2012/2013 13,350 2013/2014 13,350 2014/2015 13,167 2015/2016 Section 16. Application of Revenues. From and after the delivery of the Note, and as long as the Note shall be outstanding and unpaid either as to principal or as to interest, or until the Note shall have been discharged and satisfied in the manner provided in this Resolution, the Tax Increments collected in respect of the Development Property and the Minimum Improvements located thereon shall be deposited as collected in the Lower Main Development TIF Account and shall be disbursed only as follows: (a) Sinkino Fund. There is hereby established and shall be maintained a special fund within the Lower Main Development TIF Account from which interest and principal on the Note will be paid. The fund shall be known as the Lower Main Development Principal and Interest Fund (the "Sinking Fund"). The amount to be deposited in the Sinking Fund in any year shall be an amount equal to the interest and principal coming due on such Note during the fiscal year. Money shall be first deposited into the Interest Account of the Sinking Fund to an amount equal to the interest falling due in each fiscal year. Money shall next be deposited into the Principal Account of the Sinking Fund to an amount equal to the principal falling due in each fiscal year. Money in the Sinking Fund shall be used solely 198 Regular Session, May 17, 2004 for the purpose of paying principal of and interest on the Note, as the same shall become due and payable. (b) Surclus Revenue. All revenues thereafter remaining in the Lower Main Development TIF Account shall be deposited to remedy any deficiency in any of the funds created by this Resolution, or may be used to payor reimburse the Issuer for other loans, moneys advanced to or indebtedness incurred to finance or refinance in whole or in part the project of the Developer, as permitted by law, or may be used to payor redeem the Notes or for any other lawful purpose. Moneys on hand in the Project Fund and all of the funds provided by this Section may be invested only in direct obligations of the United States Government or deposited in financial institutions which are members of the Federal Deposit insurance Corporation ("FDIC") and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivaient successor in anyone financial institution shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value. Alternatively, such moneys may be invested in tax-exempt bonds or obligations of any state or politicai subdivision thereof which are rated by Moody's Investors Service or Standard & Poo~s Corporation at a rating classification equal to or better than the rating carried by the Notes or, in the case of short-term obligations, a rating of MIG-1, S&P-1 or better. All such interim investments shall mature before the date on which the moneys are required for the purposes for which said fund was created or otherwise as herein provided. The provisions of this Section shall not be construed to require the Issuer to maintain separate bank accounts for the funds created by this Section; except the Sinking Fund shall be maintained in a separate account but may be invested in conjunction with other funds of the City but designated as a trust fund on the books and records of the City. All income derived from such investments shall be deposited in the Lower Main Development TIF Account and shall be regarded as revenues thereof. Such investments shall at any time necessary be liquidated and the proceeds thereof applied to the purpose for which the respective fund was created. Section 17. Covenants Reaardina the Ooeration of the Proiect Area. The Issuer hereby covenants and agrees with each and every holder of the Notes: (a) Maintenance in Force. The Issuer will maintain the Urban Renewal Plan and the Ordinance in force and will cause the incrementai taxes from the Development Property and Minimum improvements to be levied annually and certfied to the County Auditor in an amount not less than the principal and interest falling due within the year, and applied as provided in this Resolution, uniess the Notes are paid or sufficient provision for their payment is made. Provided, however, that to the extent that amounts are on hand and are sufficient to meet the payments required to be made and to maintain a sufficient balance in each fund as required by this Resolution, the Issuer may abate the levy of incremental taxes in any year. (b) Accountino and Audits. The Issuer will cause to be kept proper books and accounts adapted to the Project Area and in accordance with generally accepted accounting practices, and will cause the books and accounts to be audited annually not later than 160 days after the end of each fiscal year by an Independent Auditor and will provide copies of the audit report to the Original Purchaser upon request. The Original Purchaser and holders of any of the Notes shall have at all reasonable times the right to inspect the Issuer's records, accounts and data of the Issuer relating to the Revenue Fund or the Lower Main Development TIF Account. (c) State Laws. The Issuer will faithfully and punctually perform all duties with reference to the Urban Renewal Plan required by the Constitution and laws of the State of Iowa, and will segregate the revenues of the Project Area and apply said revenues to the funds as specified in this Resolution. (d) Amendments. The Issuer reserves the right to amend the Urban Renewal Plan for the Project Area and the Ordinance in Its lawful discretion; provided, that in no event shall obligations resulting from an amendment or merger thereof have any priority over the Note. Section 18. Remedies of Noteholders. Except as herein expressly iimited the holder or hoiders of the Notes shall have and possess all the rights of action and remedies afforded by the common law, the Constitution and statutes of the State of Iowa, and of the United States of America, for the enforcement of payment of their Notes and interest thereon, and of the pledge of the revenues made hereunder, and of all covenants of the Issuer hereunder. Section 19. No Prior Lien or Paritv Notes. The Issuer will issue no other bonds or obligations of any kind or nature payable from or enjoying a lien or claim on the property or revenues of the Lower Main Development TIF Account having priority over the Note or standing on a parity therewith with respect to the lien and claim of such additional obligations to the revenues thereof and the money on deposit in the funds created in this Resoiution, without the written consent of the Original Purchaser or other registered holder of the Note. The Issuer reserves the right to issue other obligations Regular Session, May 17, 2004 199 payable from the Tax Increments collected in respect of other properties within the Project Area, without notice to or consent of the Original Purchaser. Section 20. Discharoe and Satisfaction of Notes. The covenants, liens and pledges entered into, created or Imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Note in anyone or more of the following ways: (a) By paying the Note when the same shall become due and payable: or (b) By depositing in trust with the Treasurer, or with a corporate trustee designated by the governing body for the payment of said obligations and irrevocably appropriated exciusively to that purpose an amount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to retire at maturity, or by redemption prior to maturity on a designated date upon which said obligations may be redeemed, all of such obligations outstanding at the time, together with the interest thereon to maturity or to the designated redemption date, premiums thereon, if any that may be payable on the redemption of the same; provided that proper notice of redemption of all such obligations to be redeemed shall have been previously published or provisions shall have been made for such publication. Upon such payment or deposit of money or securities, or both, in the amount and manner provided by this Section, all iiability of the Issuer with respect to the Notes shall cease, determine and be completely discharged, and the holders thereof shail be entitled only to payment out of the money or securities so deposited. Section 21.Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer and the holder or holders of the Note, and after the issuance of any of the Note no change, variation or alteration of any kind in the provisions of this Resolution shall be made in any manner, except as provided in the next succeeding Section, until such time as all of the Note, and interest due thereon, shall have been satisfied and discharged as provided in this Resolution. Section 22. Modification of Resolution. This Resolution may be amended from time to time if such amendment shall have been consented to by holders of not less than two-thirds in principal amount of the Notes at any time outstanding (not including in any case any Notes which may then be held or owned by or for the account of the Issuer, but including such Refunding Notes as may have been issued for the purpose of refunding any of such Notes if such Refunding Notes shall not then be owned by the Issuer); but this Resolution may not be so amended in such manner as to: (a) Make any change in the maturity or interest rate of the Notes, or modify the terms of payment of principal of or interest on the Notes or any of them or impose any conditions with respect to such payment: (b) Materially affect the rights of the holders of less than all of the Notes then outstanding; and (c) Reduce the percentage of the principal amount of Notes, the consent of the holders of which is required to effect a further amendment. Whenever the Issuer shall propose to amend this Resolution under the provisions of this Section, it shall cause notice of the proposed amendment to be filed with the Original Purchaser or to be mailed by certified mail to any other registered owner of the Note as shown by the records of the Registrar. Such notice shall set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory Resolution is on file in the office of the City Clerk. Whenever at any time within one year from the date of the mailing of said notice there shall be filed with the City Clerk an instrument or instruments executed by the holders of at least two-thirds in aggregate principal amount of the Notes then outstanding as in this Section defined, which instrument or instruments shall refer to the proposed amendatory Resolution described in said notice and shall specifically consent to and approve the adoption thereof, thereupon, but not otherwise, the governing body of the Issuer may adopt such amendatory Resolution and such Resolution shall become effective and binding upon the holders of all of the Notes. Any consent given by the holder of a Note pursuant to the provisions of this Section shall be irrevocabie for a period of six months from the date of the instrument evidencing such consent and shall be conclusive and binding upon all future holders of the same Note during such period. Such consent may be revoked at any time after six months from the date of such instrument by the holder who gave such consent or by a successor in title by filing notice of such revocation with the City Clerk. The fact and date of the execution of any instrument under the provisions of this Section may be proved by the certificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgments of deeds within such jurisdiction that the person signing such instrument acknowledged before him the execution thereof, or may be proved by an affidavit of a witness to such execution sworn to before such officer. The amount and numbers of the Notes held by any person executing such instrument and the date of his holding the same may be proved by an affidavit by such person or by a certificate executed by an officer of a bank or trust 200 Regular Session, May 17, 2004 company showing that on the date therein mentioned such person had on deposit with such bank or trust company the Notes described in such certificate. Section 23. Severability. If any section, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions. Section 24. Re"oeal of Conflictinq Ordinances or Resolutions and Effective Date. All other ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repeaied: and this Resolution shall be in effect from and after its adoption. Passed and approved this 17th day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Ciine. Motion carried 7-0. Operations and Service Center Construction Project: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending that the public hearing on the Operations and Service Center Construction Project be tabled to June 7, 2004, presented and read. Cline moved to table the public hearing on this to 6/7/04 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 7-0. 26~ Street Storm Sewer Extension Project: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the 261h Street Storm Sewer Extension Project to Drew Cook & Sons Excavating Co., Inc., in the amount of $28,902.80, presented and read. Cline moved that the proofs and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 216-04 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 21" day of April, 2004, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the 261h Street Storm Sewer Extension Project. Whereas, notice of hearing on pians, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 17th day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 217-04 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the 26~ Street Storm Sewer Extension Project pursuant to Resolution No. 163-04 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 23" day of April, 2004. Whereas, said sealed proposals were opened and read on the 6th day of May, 2004, and it has been determined that the bid of Drew Cook & Sons Excavating, inc. of Dubuque, Iowa, in the amount of $28,902.80 was the lowest bid for the furnishings of all labor and materiais 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 Drew Cook & Sons Excavating, 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 approvai 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 171h day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Ciine moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. 2004 Asphalt Paving Project: Proofs of publication on notice of hearing on plans and spec~ications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the 2004 Asphalt Paving Project to River City Paving, in the amount of $1,206,117.13, presented and read. Buol moved that the proofs and communication be received and filed. Seconded by Markham. Motion carried 7-0. Regular Session, May 17, 2004 201 RESOLUTION NO. 218-04 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 141h day of April, 2004, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the 2004 Asphalt Paving Project (Fiscai Year 2005). Whereas, notice of hearing on pians, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 17th day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 219-04 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the 2004 Asphalt Paving Project (Fiscal Year 2005) pursuant to Resolution No. 166-04 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 23" day of April, 2004. Whereas, said sealed proposals were opened and read on the 61h day of May, 2004, and it has been determined that the bid of River City Paving, A Division of Mathy Construction, of Kieler, Wisconsin in the amount of $1,206,117.13 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 River City Paving, A Division of Mathy Construction, 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 17th day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Concrete Section Repair and Overlay of Samuel Street: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Samuel Street Repair Project to River City Paving, in the amount of $110,204.20, presented and read. Cline moved that the proofs and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 220-04 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 141h day of April, 2004, plans, specifications, form of contract and estimated cost were filed with the City' Clerk of Dubuque, Iowa for the Concrete Section Repair & Overlay of Samuei Street. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 17th day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 221-04 AWARDING CONTRACT Whereas, seaied proposais have been submitted by contractors for the Concrete Section Repair and Overlay of Samuel Street pursuant to Resolution No. 160-04 and notice to bidders pubiished in a newspaper published in the City of Dubuque, iowa on the 23" day of April,2004. Whereas, said sealed proposals were opened and read on the 61h day of May, 2004, and it has been determined that the bid of River City Paving, A Division of Mathy Construction, of Kieler, Wisconsin, in the amount of $110,204.20 was the lowest bid for the furnishings of all labor and materials and performin9 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 River City Paving, A Division of 202 Regular Session, May 17, 2004 Mathy Construction, 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 17'" day of May, 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. with Nicholson temporarily out of the room. Michalski moved to reinstate the rules iimiting discussion to the Council. Seconded by Connors. Motion carried 7-0. ACTION ITEMS Grandview Avenue Parkway Demolition District: Historic Preservation Commission recommending City Council approval of the establishment of the Grandview Avenue Parkway Demolition District: Communication from Rosemary Kieffer, 70 North Grandview Avenue, in opposition to the proposed demolition district; Communication of Sheila and Erich Vierkant in opposition to the Grandview Avenue Demolition District and requesting that the City Council allow public input regarding the issue; Communication of Alfred E. Hughes, 150 South Grandview Avenue, in opposition to the proposed demolition district; Communication of Marvin R. Heiderscheit submitting petitions of residents who have changed their position regarding the proposed demolition district and those in opposition to the district and requesting that citizen input be allowed on the issue: Communication of Tammy Pfab requesting that she or Joan Belcastro be allowed to address the Council regarding the proposed demolition district, communication from Chris Wand, Historic Preservation Commission Chair, requesting this item be withdrawn from the Agenda and an Ordinance Amending Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11- 4(a) to establish the Grandview Avenue Parkway Demolition District, presented and read. Markham moved that the communications be received and filed and directed that this item not be pulled from the Agenda. Seconded by Buol. Carried by the following vote: Yeas-Buol, Cline, Connors, Duggan, Markham. Nays- Michalski, Nicholson. Markham moved to deny the requested establishment of the Grandview Avenue Parkway Demolition District. Seconded by Buol. Carried by the following vote: Yeas-Buol, Cline, Connors, Duggan, Markham. Nays-Michalski, Nicholson. Establishment of Fair Market Value - Eunice and James Newman; City Manager recommending approvai of the establishment of the fair market value of the Eunice and James Newman property needed for right-of-way for the realignment of University Avenue from Ethel Street to US 20 at the entrance to Theisen's, presented and read. Nicholson moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 222-04 ESTABLISHING FAIR MARKET VALUE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OWNED BY JAMES E. NEWMAN IN THE CITY OF DUBUQUE, IOWA FOR THE UNIVERSITY AVENUE EXTENSION PROJECT Whereas, the City of Dubuque (City) intends to acquire certain real property owned by James E. Newman (Owner) legally described as follows; Lot 1 of Newman Place in the City of Dubuque, Dubuque County, Iowa as shown on Attachment A for the University Avenue Extension Project (the Project): Whereas, Iowa law requires the City to make a good faith effort to negotiate with the Owner to purchase the Property interests before proceeding with acquisition of property by condemnation; and, Whereas, the City may not make an offer to purchase the Property which is less than the fair market value that the City has established for the Property: and, Whereas, the City has caused an appraisal of the Property to be made and the appraised value of the Property is $67,000; and, Whereas, the City Council now desires to establish the fair market value of the Property. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That the fair market value of the Property is established to be $67,000. Section 2. The City Manager and Corporation Counsel are hereby authorized to commence negotiations with the Owner of the Property and any other interested parties in the purchase of the Property for a purchase price that is not less than the fair market value established by this resolution. Passed, adopted and approved this 17th day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Nicholson moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Regular Session, May 17, 2004 203 Tax Increment Ordinance for the Greater Downtown Urban Renewal District: City Manager recommending approval of a tax increment ordinance for the Greater Downtown Urban Renewal District to assist future public and private development efforts in the downtown and riverfront area, presented and read. Buol moved that the communication be received and flied. Seconded by Michalski. Motion carried 7- O. An Ordinance Amending Ordinance Nos. 30- 82 and 66-89, each as previously amended, providing that general property taxes levied and collected each year on all property located within the Greater Downtown Urban Renewal District of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Urban Renewal Plan for the Greater Downtown Urban Renewal District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 35-04 AN ORDINANCE AMENDING ORDINANCE NOS. 30-82 AND 66-89, EACH AS PREVIOUSLY AMENDED, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT WHEREAS, the City Council of the City of Dubuque, Iowa (the "City") has heretofore, in Ordinance No. 30-82, provided for the division of taxes within the originai Downtown Dubuque Urban Renewal Project, Iowa R-15, described in Resolution No. 123-67 adopted on May 18, 1967, pursuant to Section 403.19 of the Code of Iowa; and WHEREAS, the original Downtown Dubuque Urban Renewai Project, Iowa R-15, subsequently was amended by Resolution No. 79-71 approved on March 15, 1971, by Resolution No. 73-74 approved on March 11, 1974, by Resolution No. 107-82 approved on May 3, 1982, by Resolution No. 191-84 approved on June 25, 1984, by Resolution No. 371-93 approved on December 6, 1993, by Resolution No. 145-94 approved on May 2, 1994, by Resolution No. 479-97 approved on November 17, 1997, by Resolution No. 476-98 approved on October 19, 1998 and by Resolution No. 187-02 approved on April 1, 2002, which amendments, among other things, added areas referred to as the Old Main Subarea, Town Clock Expansion Subarea and Upper Main Subarea to the area of the Downtown Dubuque Urban Renewal District: and WHEREAS, consistent with the foregoing amendments, Ordinance No. 30-82 subsequently was amended by Ordinance Nos. 23-94, 36-94, 67-97, and 26-02 to provide for the division of taxes within the several subareas of the amended Downtown Dubuque Urban Renewal District; and WHEREAS, the City Council of the City has heretofore, in Ordinance No. 66-89, provided for the division of taxes within the original Ice Harbor Urban Renewal District, described in Resolution No. 403-89 adopted on December 18, 1989, pursuant to Section 403.19 of the Code of Iowa: and WHEREAS, the original Ice Harbor Urban Renewal District subsequently was amended by Resolution No. 241-00 approved on June 5, 2000 and by Resolution 114-02 approved on March 4, 2002, which amendments, among other things, added an additional area referred to as Subarea B to the area of the Ice Harbor Urban Renewal District; and WHEREAS, consistent with the foregoing amendment, Ordinance No. 66.89 subsequently was amended by Ordinance No. 97-00 to provide for the division of taxes within the two subareas of the amended Ice Harbor Urban Renewal District: and WHEREAS, the original Downtown Dubuque Urban Renewal District and the original Ice Harbor Urban Renewal District and their respective Subareas have been combined into a single urban renewai area, under the terms of an Urban Renewal Plan for the Greater Downtown Urban Renewai District, pursuant to Resolution No. 170-04 adopted on April 19, 2004; and WHEREAS, indebtedness has been Incurred by the City, and additional indebtedness is anticipated to be incurred in the future, to finance urban renewal project activities within the combined area known as the Greater Downtown Urban Renewal District (the "Greater Downtown Urban Renewal District"), and the continuing needs of redevelopment within the 204 Regular Session, May 17, 2004 Greater Downtown Urban Renewal District are such as to require the continued application of the incremental tax resources of the Greater Downtown Urban Renewal District; and WHEREAS, the following enactment is necessary to accomplish the objectives described In the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Ordinance No. 30-82, as amended by Ordinance Nos. 23-94, 36-94, 67-97, and 26-02, and Ordinance No. 66-89, as amended by Ordinance No. 97-00, are hereby amended to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Oriainal Town Clock Subarea shall mean that portion of the Amended Project Area initially described in the Urban Renewal Plan for the Downtown Dubuque Urban Renewal Project, Iowa R-15, approved by Resolution No. 123-67 on May 18, 1967, which Original Town Clock Subarea includes the lots and parcels located within the area now legally described as foHows: Beginnin9 at the intersection of the north right- of-way iine of Ninth Street with the east right-of- way line of Central Avenue: thence south along the east right-of-way line of Centrai Avenue to its intersection with the south right-of-way line of Fourth Street; thence west along the south right- of-way line of Fourth Street to its intersection with the west right-of-way line of Locust Street; thence north along the west right-of-way line of Locust Street to its intersection with the north right-of-way line of Ninth Street; thence east along the north right-of-way line of Ninth Street to its intersection with the east right-of-way line of Central Avenue which is the point of beginning (b) Old Main Subarea shall mean that portion of the Amended Project Area initially described in the Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District approved by Resolution No. 145-94 on May 2, 1994, which Old Main Subarea includes the lots and parcels located within the area legaHy described as follows: Beginning at the intersection of the south right- of-way line of Fourth Street with the east right- of-way line of Central Avenue; thence west alon9 the south ri9ht-of-way line of Fourth Street to the west right-of-way line of Locust Street; thence south along the west right-of-way line of Locust Street to the north right-of-way line of the Locust Street Connector; thence east along the north right-of-way line of the Locust Street Connector to the west right-of-way line of Highways 151/61; thence north aiong the west right-of-way line of Highways 151/61 to the point of beginning. (c) Town Clock ExDansion Subarea shall mean that portion of the Amended Project Area initially described in the Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District approved by Resolution No. 479-97 on November 17,1997, which Town Ciock Expansion Subarea includes the lots and parcels located within the area legally described as follows: South 1/2 of City Lot 167, City Lot 168 and City Lot 168A; Lots 1 & 2 of City Lots 204, 205, 206, 207 and 208, N. 23' of City Lot 263, S. 28.5' of City Lot 263, N. 1/2 of City Lot 262, S. 1/2 of City Lot 262, N. 1/2 of City Lot 261, all in Section 24, Township 89 North, Range 2 East, 5th P.M., Dubuque County, Iowa and any adjoining public right-of-way. (d) UoDer Main Subarea shaH mean that portion of the Amended Project Area initially described in the Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District approved by Resolution No. 187-02 on April 1, 2002, which Upper Main Subarea includes the lots and parcels located within the area legaHy described as follows: On the North by Fourteenth Street, on the West by Locust Street, on the South by the Town Clock Expansion Subarea and on the East by Central Avenue, including all public rights-of- way. (e) Ice Harbor Subarea A shaH mean that portion of the Amended Project Area initially described in the Urban Renewal Plan for the Ice Harbor Urban Renewal District approved by Resolution No. 403-89 on December 18, 1989, which Ice Harbor Subarea A includes the lots and parcels located within the area legally described as follows: that area generally bounded on the north by the public aHey located between the vacated Fourth Street and Third Street, on the west by the Chicago, Central and Pacific Railroad right-of- way, on the south by East First Street and on the east by the municipal limits of the City of Dubuque, iowa and including any adjoining public right-of-way. (I) Ice Harbor Subarea B shall mean that portion of the Amended Project Area initially described in the Amended and Restated Urban Renewal Plan for the Ice Harbor Urban Renewal District approved by Resolution No. 241-00 on June 5, 2000, which Ice Harbor Subarea B inciudes the lots and parcels located within the area legally described as follows: that area generally bounded on the north and west by the Chicago, Central and Pacific Railroad right-of-way, on the south by the northeriy boundary of the Ice Harbor Subarea A and on the east by the municipal limits of the City of Dubuque, Iowa (excluding Lot 1 Adams Co.'s 2nd Addition) and including any adjoining pubiic right-of-way Regular Session, May 17, 2004 205 (g) Amended Proiect Area shall mean the areas of the City of Dubuque, Iowa included within the Original Town Clock Subarea, the Old Main Subarea, the Town Clock Expansion Subarea, the Ice Harbor Subarea A and the Ice Harbor Subarea B, each as described in this Section. (h) Urban Renewal Plan shall mean the Urban Renewal Plan for the Greater Downtown Urban Renewal District, approved by Resoiution No. 170-04 on April 19, 2004, as the same may be amended from time to time. Section 2: The taxes levied on the taxable property in the Amended Project Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3: As to the Original Town Clock Subarea, that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Original Town Clock Subarea upon the total sum of the assessed value of the taxable property in the Original Town Clock Subarea as shown on the assessment roll as of January 1, 1966, being the assessment roll last equalized prior to the date of the initial adoption of the Urban Renewal Pian for the Downtown Dubuque Urban Renewal Project, Iowa R-15, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which ali other property taxes are paid. The taxes so determined shali be referred herein as the "base period taxes" for such subarea. As to the Old Main Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1993, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 23-94. As to the Town Ciock Expansion Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1996, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 67-97. As to the Upper Main Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2001, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 26-02. As to the ice Harbor Subarea A, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1988, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 66-89. As to the Ice Harbor Subarea B, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1999, being the assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance No. 97-00. Section 4: That portion of the taxes each year in excess of the base period taxes for the Amended Project Area, determined for each subarea thereof as provided in Section 3 of this Ordinance, shall be allocated to and when collected be paid into the special tax increment fund previously established by the City of Dubuque to pay the principal of and interest on ioans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the Amended Project Area pursuant to the Urban Renewal Plan, except that taxes for the reguiar and voter-approved physical plant and equipment levy of a school district imposed pursuant to Section 298.2 of the Code of iowa (but only to the extent required under Section 403.19{2)) and taxes for the payment of bonds and interest of each taxing district shali be collected against all taxable property within the Amended Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the subareas of the Amended Project Area exceeds the total assessed value of the taxable property in said subareas shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, monies advanced, bonds and interest thereon and indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on ali other property. Section 7: All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be 206 Regular Session, May 17, 2004 construed so as to continue the division of taxes from property within the Amended Project Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance Nos. 30-82 and 66-89, as amended by Ordinance Nos. 23-94, 36-94, 67-97, 26-02 and 97-00. In the event that any provision of this Ordinance shall be determined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Amended Project Area and the territory contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed, approve and adopted this 17'" day of May, 2004. /s/ Terrance M. Duggan, Mayor Attest: /s/ Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 21" day of May, 2004. Is/ Jeanne F. Schneider, CMC, City Clerk 1t 5/21 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. "No Wake" Zone: Communication of Michael Woodyard, Commodore of the Julien Dubuque Yacht Club, requesting a "no wake" zone in the Mississippi River from the Julien Dubuque Bridge to the railroad swing and City Manager response to Michael Woodyard, Commodore of the Julien Dubuque Yacht Club, presented and read. Cline moved that the communication be received and filed and referred to the City Manager. Seconded by Michalski. Motion carried 7-0. Point of Service Plan: City Manager submitting information regarding the Point of Service health care plan recently adopted by the City's Health Care Committee, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. COUNCIL MEMBER REPORTS Michalski mentioned an article in the Chicago Tribune about the upcoming Grand Excursion which mentioned Dubuque. Nicholson congratulated the City Staff on all phases of the welcome and security for the recent visit of President Bush. Duggan commended staff on the Utility Billing changes. At 7:42 P.M. Buol moved to go into Closed Session re: Pending Litigation and Property Acquisition - Chapter 21.5(1 )(c){j) 2003 Code of Iowa. Seconded by Markham. Motion carried 7-0. At 7:59 P.M. Council reconvened regular session stating staff had been given proper direction. There being no further business, Michalski moved to adjourn. Seconded by Buol. Motion carried 7-0. The meeting adjourned at 8:00 P.M. 1t5/26 /s/ Jeanne F. Schneider, CMC City Clerk Approved: 2004 Z?~44¿~¿?ß~ C' Clerk