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1999 July Council ProceedingsRe.qular Session, July 6, 1999 286 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, Tuesday, July 6, 1999 Council met at 7:00 P.M. Public Library Auditorium. Present: Mayor Duggan, Council Members Buol, Markham, Michalski, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporafion Counsel Barry A. Lindahl Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Ann Barrash, President, Dubuque Area Congregations United. PROCLAMATIONS: Suppor~ng and recognizing musicians, volunteers and Director Greg Orwoll regarding Colts Drum and Bugle Corps of Dubuque, IA, received by Greg Orwoll; Suppor~ng the Dubuque Census 2000 Complete Count Committee received by Laura Carstens. MINUTES SUBMi']q"ED -- Five Flags Commission of 5-17; Housing Code Appeals Board of 1-19; Human Rights of 5-10; Long Range Planning Commission of 6-16; Park & Recreation of 6-8; Transit Board of 5- 13, presented and read. Buol moved that the minutes be received and filed. Seconded by Michalski. Motion carded Proofs of publication certified to by the P'ublisher on publishing Council proceedings for meefings of 6-2 & 6-7, presented and read. Buol moved that the proofs be received and filed. Seconded by Michalski. Motion carded 7-0. Pdnted Council Proceedings for month of May, 1999 for approval, presented for approval. Buol moved that the proceedings be approved as printed. Seconded by Michalski. Motion carded 7-0. NOTICE OF CLAIMS/SUITS: Bdan Davis in amount of $60.86 for vehicle damages; Louis Hendricks in amount of $2000.00 for backed up sewer damages; C. Gaa Holdiman in unknown amount for propeKy damages; Ronald & Carol Jahns in amount of $171.39 for backed up sewer damages; Mrs. Ruth Metcalf in amount of $1,671.51 for backed up sewer damages; Dale & Marcia Weiland in amount of $1900.00 for backed up storm sewer damages; Madon Williams in unknown amount for )ersonal injuries, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Michalski. Mo§on carded 7-0. Corporation Counsel advising following cJaims have been referred ro Public Entity Risk Services of Iowa, the Agent for the Iowa Commun~es Assurance Pool: Personal injury of Wendy AJtchison; Vehicle damage of William R. Armstrong; Property damage of Kenneth Beck; Vehicle damage of Undsy Brandes; Property damage of Dave & Mary Corpstein; Property damage of Cottingham & Butler, Property damage of John & Loretta Davis; Property damage of Kathleen M. Doty; Property damage of Michete Harry-Segura; Property damage of Russell & Leona Hibben; Sewer backup of Larry Hurst; Property damage of John M. Kass; Property damage of George & Mari[yn Langes; Property damage of Thomas J. Lange; Property damage of Larry & Lord Liddle; Pemonal injury and vehicle damages of Robert McPoland; Property damages of John Merkes (2); Property damage of Patrick M. Miller; Vehicle damage of Eugene A. Neilson; Personal injury of Keith Olds; Property damage of Mike & Sue Polkinghom; Vehicle damage of Randy J. Post; Property damage of Dar Quach; Property damage of Jeffrey A. Roen; Property and Business Loss of Roger's Auto Salvage; Property damage of William G. Rouse; Property damage of Gerald & Joyce Sch[ssel; Property damage of Dianne Schneider; Property damage of Roger Slatte~ Properb/ damage of Jodi and Jeremy Stuart;, Property damage of Marvin Weber, ~resented and read. Buot moved that the communications be received and filed. Seconded by Michalski. Motion carded 7.0. Corporation Counsel recommending 287 Regular Session, July 6, 1999 denial of following claims: Tire damage of Madene Furry; Property damage of Daniel R. Grutz, presented and read. Buol moved that the communications be received and filed and approved recommendations of denial. Seconded by MichalskJ. Motion carried 7-0: Corporation Counsel recommending settlements of property damage claim of PhiJi Schmerbach in the amount of $75.00 and vehicle damage claim of Dennis Richey in the amount of $164.30 and direct Finance Director to issue proper checks, presented and read. Buol moved that the communication be received and filed and recommendations for settlement approved. Seconded by Michalski. Motion carried 7-0. Mercy Medical Center (Mercy) requesting Clara Street be shortened and cul-de-sac relocated to allow for development of property owned by Mercy, presented and read. Buol moved that the request be referred to the Cb Manager. Seconded by Michalski. Motion carried 7-0. City Manager recommending approval of Hillcrest Usage Agreement for use of Murphy Park from November 1st, 1999 through January 12, 2000, presented and read. Buol moved that the communication be received and flied and approved recommendation. Seconded by Michalski. Motion carried 7-0. City Manager requesting approval to execute Licensing Agreement for GIS, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. ~59-99 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN CONTRACTS WITH DUBUQUE AREA GEOGRAPHIC INFORMATION SYSTEM DATA LICENSEES. Whereas, the City, pursuant to its governmental and proprietary functions, does have and maintain, by and through its elected and appointed offices, various files and systems of records, data and information, including automated computer data base and application systems; and Whereas, the City has developed the Dubuque Area Geographic Information System, DAGIS, as a comprehensive geographical information system, containing geographical data applicable to all areas of the City of Dubuque, Iowa and providing digitized mapping and analyzing functions beneficial to the operations of many departments and agencies of the City of Dubuque, Iowa Government; and Whereas, the City may benefit from data and information compiled by Licensee as current and future entries in the data bases of the City's information system; and Whereas, the City considers the automated data base information and application systems to be intellectual property owned by the C~y Government, and access to those systems, in computerized format, and to digitized data base applications of those systems is not required under Chapter 22.2 of the Code of the State of Iowa; and Whereas, the City and Licensee mutually agree that it is in the best interests of each organization to coordinate the management and use of the data base systems, according to defined standards; and Whereas, the City and Licensee desire to enter into a licensing agreement for the access to and use of the City's data base and by Licensee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. Thatthe City of Dubuque, Iowa hereby approves the attached contract to be used between Licensee and the C/ty of Dubuque for the license and use of geographic informafion~ system data. Secfion 2. That the City of Dubuque, Iowa is hereby author[zed to set fees for the license and use of geographic informa~0n system data. Section 3. That the C/ty Manager or his designee is hereby authorized and directed to execute said contracts on behalf of the City of Dubuque, Iowa. Passed, adopted and approved this 6th day of July, 1999. Terrance M. Duggan, Mayor Attest:. MaryA. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Michalski. Motion carried 7-0. City Manager recommending approval of subordinafion agreement with State of Iowa for CEBA award on behalf of Dubuque Data Services, ~resented and read. Buol moved that the communication be received and Reqular ~'~ion~ July 6~ 1,999. 288 flied. Seconded by MichalskL Motion carded 7-0. RESOLUTION NO. 360-99 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A UCC SECURITY AGREEMENTS/FINANCING STATEMENTS SUBORDINATION AGREEMENT WITH THE STATE OF IOWA FOR THE DUBUQUE DATA SERVICES COMMUNITY ECONOMIC B~-I IERMENT ACCOUNT (CEBA} LOAN WHEREAS, the Iowa Department ol Economic Development has awarded the City of Dubuque a Community Economic Betterment Account (CEBA) Loan in the amount of $150,000 on behalf of Dubuque Data Se~ces; and WHEREAS, the State of Iowa has requested that the City of Dubuque execute a Subordination Agreement with respect to the CEBA Loan, which subordination Agreement is attached hereto and made a part hereof. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Secfion 1. That the Mayor of the City of Dubuque, Iowa, be and is hereby authedzed and directed to execute said Subordinafion Agreement Section 2. That the City Clerk of the City of Dubuque, Iowa, be and is hereby authorized and directed to attest to said Subordinafion Agreement, and upon execution, to deliver the odginal thereof to the Iowa Department of Economic Development. Passed, appmvad and adopted this 6th day of July, 1999. Terrence M. Duggan, Mayor Attest: Maria Dav~s, City Clerk Budi moved adoption of the Resolution. Seconded by Michaiski. Motion carded 7-0. Copy of City Manager's letter to City Development Board requesting publis input be allowed regarding two voluntary annexation requests by the City of Asbu~, presented and read. Buol moved that the communication be received and tiled. Seconded by Michaiskt. Mofion carried 7-0. City Manager recommending approval of assignment of the Ice Harbor Parking Agreement, presented and read. Buol moved that the communication be received and filed. Seconded by Michaiski. Motion carried 7-0. RESOLUTION NO. 361-99 A RESOLUTION CONSENTING TO THE ASSIGNMENT OF THE ICE HARBOR PARKING AGREEMENT AND THE ICE HARBOR SUBLEASE AGREEMENT FROM GREATER DUBUQUE RIVERBOAT ENTERTAINMENT COMPANY, L.C. TO PENINSULA GAMING COMPANY, LLC. WHEREAS, the City of Dubuque (City) leases (the Lease) property in the Ice Harbor to the Dubuque Racing Aesociafion (DRA), which property is subleased (the Sublease) by DRA to Greater Dubuque Riverboat Entertainment Company, L.C. (GDREC); AND WHEREAS, City and GDREC are parties to the Ice Harbor Parking Agreement (Parking Agreement); AND WHEREAS, GDREC has entered into the Ice Harbor Parking Agreement .Assignment and the Subtsase Assignment (the Assignment Agreements), copies of which are attached hereto, to assign its interest in the Sublease and Parking Agreement to Peninsula Gaming Company, L.L.C. (Peninsula); AND WHEREAS, the Lease and Parking Agreement require that City consent to any assignment of the Sublease or Parking Agreement; AND WHEREAS, City has reviewed the Assignment Agreements and finds that it should consent to such Agreements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The City of Dubuque hereby consents to the Ice Harbor Parking Agreement Assignment and the Sublease Assignment (the Assignment Agreements), copies of which are attached hereto. 2. The Mayor is authorized and directed to execute the Consents to the Assignment Agreements on behalf of the City. Dated this 6th day of July, 1999. Terranca M. Duggan, Mayor Attest; MaryA. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Michaiski. Motion carried 7-0. RESOLUTION NO. 362-99 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied 289 Regular Session, July 6, 1999 with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. SiX RENEWALS AirpoK In Ethel Schuessl 574 E 16th St Arby's Q-Mar~ Arcon Jnc 10 Main St Murph's South End Tap Pamela Murphy 55 Locust St Plaza 20 Amoco Ronald Mussehl 2600 Dodge St Tott's Tap Lisa Tort/Carol Meyer 3457 Jackson St Windsor Tap G & J's Inc: 2401 Windsor Ave Passed, approved and adopted this 6th day of July, 1999. Terranca M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Michalsld. Motion carried 7-0. RESOLUTION NO. 363-99 Whereas, applications for Beer Permits have been submitted and tiled to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have tiled 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 Rainbo Oil Com. Kwik Stop Convenience Store+(Sunday Sale) 1401 Central K-Chap Foods, Inc Oky Doky Food # 14+(Sunday Sale) 1050 University Mulgrew Oil Co. JFK Amoco Foodshop+(SundaySale) 1701 JFK Jean AJthaus Family Beverage Center+(Sunday Sale) 3400 Central Passed, approved and adopted this 6th dayof July, 1999. Torrance M. Duggan, Mayer Attest:. MaryA Davis, City Clerk Buol moved adoption of the resolution. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 364-99 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 C~ Ordinances relevant thereto and they have tiled proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C"(COMMERCIAL) BEER/LIQUOR LICENSE Plastic Center Inc. +(Sunday Sale) JeffDemmer +(Sunday Sale) Craig J. Weiner +(Sunday Sales) Curds L. Gerhard +(Sunday Sale) House of China +(Sunday Sale) Aremark Serv. Outdoor Serv- 7-30) Fischer Lanes 800 Locust Bodine's 1445 Central Walnut Tap 709 University Knickers Saloon 2186 Central House of China 170 JFK Rd Lores College 1450 Alta Vista CLASS "B" 0NB) WiNE PERMIT Jean Althaus Family Beverage Center + (SundaySale) 3400 Central Passed, approved and adopted this 6th day of July, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by MichalskJ. Motion carried 7-0. BOARDS AND COMMISSIONS: - APPOINTMENTS to following Boards/Commissions: HISTORIC PRESERVATION COMMISSION: Applicant -- Duaine Greenfield (Old Main District). MJchalskJ moved that Duaine Greenfield be reappointed to a three year term that will expire 7~1-02. Seconded by Markham. Motion carded 7-0. LIBRARY BOARD OF TRUSTEES: Applicants -- Thomas Goodman & Kevin Lynch. Mayor appointed Thomas Goodman and Kevin Lynch for four year terms that will expire 7-1-03. Voetberg moved to concur with the appointments. Seconded by Robbins. Motion carded 7-0. LONG RANGE PLANNING COMMISSION: Applicants-- Stephen Cooper, Anna O'Shea, Michael Portzen, David Rusk. Michalski moved that Stephen Cooper be appointed to Reqular Session~ JUriy 6,,1999 the unexpired term which will expire 7- 1-01 and Anna O'Shea, Michael Podzen and David Rusk reappointed to three year terms which will expire 7-1- 02. Seconded by Robbins. Motion carded 7-0. PARK & RECREATION COMMISSION: Applicants: Tom BlocPJinger, Chuck Duggan, Thomas Schrebllgen, Lynn Sheets, Robert Timmerman. Vote on the appointments was as follows: Buol voted for BlockJinger and Schmb~gen. Mayor Duggan voted for Blocklinger and Schrobilgen. Markham voted for Blocklinger and Schrobilgen. MichalskJ voted for Block. linger and Schrobilgen. Nicholson voted for Block. linger and Schrebilgen. Robbins voted far Blockiinger and Schrobilgen. Voetberg voted for BIocklinger and Schmbilgen. Therefore Tom Block, linger and Thomas Schrobilgen reappointed to three year terms which wll expire 6-30- 02. TV CABLE REGULATORY COMMISSION: Applicant -- Walter Webster. Voetherg moved that Waiter Webeter be reappointed t.o a three year term which will expire 6-30-02. Seconded by Robbins. Motion carded 7-0. TV' CABLE TELEPROGRAMMING COMMISSION: Applicants--Anthony Allen, Dave Wanamaker. Voetberg moved that Anthony Allen and Dave Wanamaker be reappointed to three year terms which will expire 6-30-02. Seconded by Robbins. Motion carded 7-0. ZONING ADV',SO RY COMMISSION: App~cants--Martha Chdst` Robert Nagle, Cad Scherbdng, Richard Schlitz, Ran Smith. Vote on the appointment was as follows: Buol voted for Martha Chdst, Richard Schi~ & Ran Smith. Duggan voted for Martbe Chdst' Richard Schiltz& Ran Smith. Markham voted for Martha Chdst` Richard Schlitz & Ran Smith. Michelski voted for MaP, ha Christ, Richard Schiliz & Ran Smith. Nichotson voted for Martha Christ, Richard Schiltz & Ran Smith, Robbins voted for Martha Chdst, Richard Schlitz & Ran Smith. Voetberg voted for Martha Christ, Richard Schlitz & Ran Smith. Therefore, Martha Christ, Richard Schi~ and Ran Smith reappointed to three year terms which will expire 7-1- 02. 290 Buol ~noved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Robbins. Motion carded 7-0. Proofs of publication certified to by the Publisher on Notice of Headng on Plans & Specs. and Notice to Property Owners for 1999 Sidewalk Assessments - John F. Kennedy Road from .Z~bury Road to Spdng Valley;, communications of Henry T. and Madon D. P~ner, Shed & Patdck Clancy and a Petition contaning 41 signatures (100% of assessed property ownem) objecting to assessments and the need for project, presented and read. Buol moved that the proofs, communicafions and petition be received and filed. Seconded by Nicholson. Motion carded 7-0. Arnie Honkamp, on behalf of Honkamp & Krueger at 2345 JFK Road, spoke objecting to the project and the assessments. Mike Maggio, 2343 Gordon Dr., Mike Rettenberger, 2291 Gordon, LeRoy Timmerman, 2635 J. F. Kennedy Rd., Kathy Burton, 2531 J. F. Kennedy Rd., Donna Morris, Manager of Kennedy Manor - Owen Ct. apartments, Gene Siegert, 2659 J. F. Kennedy, Gene Heeren, 2639 J.F. Kennedy, Mike Donlin, 2361 Gordon, Nancy McKiilip, 2419 Gordon, all spoke objecfing to the project ci~ng there is no need for the sidewalks in this area, plus there would be extreme difficulty in keeping it shoveled. A Resol~on Adopting Plans & Specs. for project; A Resolution With Respect to adoption of the Resolufion of Necessity for project; and Resolution Ordedng Bids for project and Clerk to adveffdse, presented and read. Buot moved adoption of the Resolutions. Seconded by Nicholson. Vote on the motion was as follows: Yeas-None. Nays--Buol, Duggan, Markham, Michalski, Nichelson, Robbins, Voetberg, MOTIONS FAILED. Proof of publication ce~fled to by the Publisher on Notice to Property Owners regarding amendment to 1999 P.C. Concrete Paving Project - No. 1 Preliminary Schedule of Assessments to include Water Se~ce Assessments and City Manager recommending to proceed with project, presented and read. Voetberg moved that the proof and communication be received and filed. Seconded by Robbins. Motion carded 7-0, Mary Kay Schwind spoke objecting 29! Regular Session, July 6, 1999 to assessment for the water. Maxine Frssinger of 2603 Van Buren spoke objecting to the assessment cost. RESOLUTION NO. 365-99 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE 1999 P.C. CONCRETE PAVING PROJECT - NO. I Whereas, the City Council has proposed a Resolution of Necessity for the 1999 P.C. Concrete Paving Project - No. 1 has given notice of the public hearing thereon as required by law;, and Whereas, the public headng has been held, all persons offedng objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taldng of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, [OWA: That the proposed Resolution of Necessity described above is hereby: Adopted as amended by the Schedule of Assessments attached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been du~y considered are overruled. Passed, adopted and approved this 6th day of July, 1999. Terrance M. Duggan, Mayor Attest MaryA; Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Proofs of publication cerl~ed to by the Publisher on Notice of Hearing on Plans & Specs.; Notice to Property Owners and Notice to Bidders on the Receipt of Bids for Construction of Adams Addifon Sanitary Sewer Extension on Rockdale Road and City Manager recommending to awa~'d contract for project, presented and read. Markham moved that the proofs and communication be received and flied. Seconded by Nicholson; Motion carded 7-0. RESOLUTION NO. 366-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 2nd day of June, 1999, plans, specifications, form of contract and estimated cost were tiled with the City Clerk of Dubuque, Iowa for the Adams Addifon Sanitary Sewer Extension on Rockdale Road. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by Jaw. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 6th day of July, 1999. Torrance M. Duggan, Mayor Attest: Mary A; Davis, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 367-99 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE ADAMS ADDITION SANITARY SEWER EXTENSION ON ROCKDALE ROAD Whereas, the City Council has proposed a Resolution of Necessity for the Adams Add'lion Sanitary Sewer Extension on Rockdale Road, has given notice of the public hearing thereon as required by law;, and Whereas, the public hearing has been heed, all persons offering objections have been heard and consideration given to all objec~ons and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; That the proposed Resolu~on of Necessity described above is hereby:. Adopted, without amendment, and afl objections filed or made having been dully considered are overruled. Passed, adopted and approved this 6th day of July, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Regu ar Sessieni J= y 6~1999 29? RESOLUTION NO. 368-99 AWARDING CONTRACT Whereas, sealed propesais have been submitted by contractors for the Adams Addition Sanitary Sewer Extension on Rockdale Road pursuant to Resolution No.293-99 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa onthe 11th day of June, 1999. Whereas, said sealed proposals were opened and read on the 23rd day of June, 1999, and it has been determined that the bid of Podzen Construction, Inc. of Dubuque, Iowa, in the amount of $62,380.60 was the lowest bid for the furnishings of all tabor and materials and performing the work as provided for in the plans and Specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Portzen Construct/on, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 6th day of July, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Markham moved adoption of the Resolution. Seconded by Nichoison. Motion carded 7-0. Proofs of publication cer~ed to by the Publisher on No'dce of Headng on Plans & Specs.; Notice to Property Owners and Notice to Bidders on the Receipt of Bids for Construction of Miller Road Sanitary Sewer Extension Project and City Manager recommending to award contract for project, presented and read. Buol moved that the proofs and communication be received and flied, Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 369-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 2nd day of June, 1999, plans, specifications, form of contract and estimated cost were 'died with the City Clerk of Dubuque, owa for the Miler Road Sanitary Sewer Extension Project. Whereas, notice of headng on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and eslJmated cost are hereby approved as the plans, specifications, form of contract and es'dmated cost for said improvements for said project. Passed, adopted and approved this 6th day of July, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 370-99 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY ~ PROPOSED FORTHE MILLER ROAD SANITARY SEWER EXTENSION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the Miller Road Sanitary Sewer Extension Project, has given notice of the public headng thereon as required by law;, and Whereas, the public headng has been held, ail persons offedng objeddons have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: Adopted, without amendment, and all objections flied or made having been dully considered are overruled. Passed, adopted and approved this 6th day of July, 1999. Terrance M. Duggan, Mayor Attest: MaryA: Davis, Cb Clerk Buol moved adoption of the resolution. Seconded by Robbins. Mo'don carried 7-0. RESOLUTION NO. 371-99 AWARDING CONTRACT 293 Regular Session, July 6, 1999 Whereas, sealed proposals have been submitted by contractors for the Miller Road Sanitary Sewer Extension Project pursuant to Resolution No. 299- 99 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 11th day of June, 1999. Whereas, said sealed proposals were opened and read on the 23rd day of June, 1999, and it has been determined that the bid of Drew Cook & Sons Excavating, Inc. of Dubuque, Iowa, in the amount of $56,702.55 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 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 approval of the contractor's bond, the City Treasurer is author[zed and instructed to return the bid deposits of the unsuccessful biddem. Passed, approved and adopted this 6th day of July, 1999. Torrance M. Duggan, Mayor Attest: Ma~'A. Davis, CityClerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. The fbilowing was tabled from the meeting of June 21, 1999: Michaiski moved that it be removed from the table. Seconded by BuoL Motion carried 7-0. Proofs of publication cer[~ed to by the Publisher on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Merchants Hotel Building ~304-326 Main St.) Demolition and S~te Clearance Project and City Manager recommending to sward contract for project, presented and read. Bucl moved that the proof and communication be received and filed. Seconded by Robbins. Motion carded 7-0. John Gronen submitted an updated progress report regarding renovation of Merchants Hotel and requesting an additional thirty days to put together agreements with interested padies and Kenneth Kringle, Chairperson of the Histodc Preservaflon Commission, supporting the restoration of the Merchants Hotel, presented and read. Jeff Bertsch on behalf of JMJ Partnership spoke stating the need for discussion with the City Manager and Chamber of Commerce for flnsi arrangements and agreements, also stating that Scan. Net Inc. is subm~ng a proposal agreement and requesting an additional thirty days time and $250,000 from the City for renovation of the building. Steve Harman of the Chamber of Commerce spoke of the lack of progress and the Chamber's need for a building. John Gronen spoke stating their commitment to continuing with the project. Ed Tscbiggfde spoke that he is willing to hold his demolition bid for another 30 days. A Resolution Adopting Plans & Specs. for project and a Resolution Awarding Contract for project to Tschiggfde Excavating Company in the amount of $244,140.00, presented and read. Buol moved that the $250,000 not be given to JMJ Par[nerahip. Seconded by Markham. Carded by the following vote: Yeas---Bubi, Duggan, Markham, Nichoison, Robbins, Voetberg. Nays--MichaiskJ. Robbins moved to grant an extension of time to the 8-2-99 Council Meeting. Seconded by Nicholson. Carried by the following vote: Yeas--Buol, Markham, MichaiskJ, Nicholson, Robbins, Voetberg. Nays--Duggan. Proof of publication certified to by the Publisher on Notice of Public Headng to consider reclaesifying property at 2509 Lincoln from R-1 to R- 2 Distdct (Requested by Ron White), )resented and read. Buol moved that the proof be received and flied. Seconded by Robbins. Motion carded 7-0. Ron White, the applicant for this rezoning, showed slides of his work and requested favorable rezoning. An Amending Zoning Map by resiaesifying property at 2509 Lincoln Ave. from R-1 Single-Family Residential Distdct to R-2 Two-Family Residential Distdct (said rezoning denied by Zoning Advisory Commission, then set for headng on 6- 7-99), now presented for fur[her action. (OFFICIAL PUBLICATION) ORDINANCE NO. 54-99 AN ORDINANCE AMENDING Re.gu arSession July, 6, 1999 294 APPENDIX A .(THE ZONING ORDINANCE) OF THE CiTY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2.509 LINCOLN AVENUE FROM R- i SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-2 TWO-FAMILY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from R-1 Single-Family Residential District, to R- 2 Two-Family Residential District, to wit: Lot 528 of Ham's Addition, and to the center line of the adjoining public right- of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Section 3. This ordinance sha~l take affect immediately upon publication, as provided by law. Passed, approved and adopted this 6th day of July, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Published officially in the Telegraph Heraldnewspaperthis 14th day of July, 1999. Mary A. Davis CMC, City Clerk It 7/14 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. Seconded by Robbins. Motion carded 7-0. Buol moved final considerafon and passage of the Ordinance. Seconded by Robbins. Motion canied 7-0. Proof of publication certified to by the Publisher on Notice of Public Heating to consider amendment of Ordinance No. 35-93 amending Conceptual Development Plan for Mercy Health Center ID District, presented and read. Voetberg moved that the proof be received and filed. Seconded by Robbins. Motion carded 7-0. Jim Schroeder of Mercy Medical Center spoke requesting favorable rezoning. Jeff Bahl, Ambulance Ddver with Heartland, of 15650 Derby Grange Rd., spoke requesting approval of the amendment. An Ordinance Amending Ordinance No. 35-93 by approving an amended Conceptual Development Plan for the Mercy Hea~th Center ID Institufional District and reclassifying property located at the end of Clara Street from R-2 Two-Family Rssidential District to ID InstitUfonal District (first & second readings given 6~21-99), now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 55-99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CODE OF ORDINANCES OF THE CiTY OF DUBUQUE, IOWA, BY PROVIDING FOR THE AMENDMENT OF ORDINANCE 35-93 BY APPROVING AN AMENDED CONCEPTUAL DEVELOPMENT PLAN FOR THE MERCY HEALTH CENTER ID INSTITUTIONAL DISTRICT AND RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE END OF CLARA STREET FROM R-2 TWO-FAMILY RESIDEN'lqAL DISTRICT TO ID INSTITUTIONAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That AppencF~x A (the Zoning Ordinance) of the Dubuque Code of Ordinances be amended by providing the amendment of Ordinance 35-93 by approving an amended Conceptual Development plan for the Mercy Heafh Center ID lnstitu~onal Distdct and by reclaesifTing hereina~er described property from R~2 Two- Family Residential D stdct to ID Institutional District, to wit Lot 4, West 20' of Lot 5, East 40' of Lot 5, Lot6, Lot7 and Lot 1 of Lot 8, Lot2 of Lot 1 of Lot 1 of Lot 1 of Lot 13, Lot 1 of Lct I of Lot I of Lot 1 of Lot 13, Lot 2 of Lot I of Lot 1 of Lot 13, Lot 2 of Lot 1 of Lot 13, Lot 12, all in Thomas E. Byme Sub; Lot I of North 35' of Lot 2 in Watter's Sub; Lot 1 of Lot 8, Lot 1 of Lot 2 of Lot 8, Lot 6 of Lot 8, Lot 1 of Lot 1 of Lot 2 of Lot 9, Lot 2 of Lot 2 of Lot 8, Lot 3 of Lot 8 and Lot 7 of Lot 8 all in the subdivision of Mineral Lot 73; Lot 1, Lot 2 Lot 3, Lot 4, Lot 5 and Lot 6 a of Langwor[hy Avenue Sub; Lot 1 of Lot 2 of Lot 25 and Lot 2 of Lot 2 of 295 Regular Session, July 6, 1999 Lot25 both in Massey Heights Sub; Lot 3 of Lot 2 of Lot 1 Mineral Lot 68; Lot 2 of Lot 1 of City Lot 731; Lot 1 of Lot 2 of Lot 1 of CH Lot 732; Lot 2 of Sub. of City Lot 731; Lot 1 Langworthy Place; Lot 2 of Lot 2 of Lot 2 of Langworthy Place; all of Peabody Streets; and all of Clara Street;, Lot I of vacated Augusta Street; Lot 1 of 1, Lot 2 of 2, Lot 2 of 17 of Agnes Langworthy's Sub.; Lot 2 of vacated alley lying between and abutting said Lot 1 and Lot 2 and Lot 17 each of Agnes Langworthy's Sub.; Lot 3 to 16 inclusive of Agn~s Langworthy's Sub.; McCauley Hall Place; Lot 10 Massey Heights Add.; East 10 feet of Lot 11 of Massey Heights and that podJon of James Street ~ng south of Langworthy Avenue; Lot 11 (except the easterly 10 feet thereof) in Massey Heights; Lot 12 in Massey Heights; Lot 13 and the east ~ of Lot 14 in Massey Heights; the west ½ of Lot 14 and the east 35 feet of Lot 15 in Massey Heights; Lot 16 and the westady 5 feet of Lot 15 in Maeeey Heights; Lot 17 in Massey Heights; Lot 18 and 19 in Maeeey Heights; Lot 20 in Massey Heights; Lot 1 of Mineral Let 66, and the north 286 feet of Lot 2 of lot 2 of Mineral Lot 66; Lot 1 of Lot 1 of Lot 3 ef Lot 1 of Mineral Lot 68; Lot 2 of Mineral Lot 69; lot 3, Lot 1 of 4, Lot 1 of 1 of 5, Lot 1 of 1 of 6, Lot 2 of 1 of 6, Lot 1 of 2 of 6, Lot 2 of 2 of 6, and Lot 4-A all in the subdMsion of Mineral Lot 72; and 1 of 2 of 10 of Mineral Lot 73; Sub 1 of 2 of Sub. 2 of Mineral Lot 72 and Lot 1 of Lot 10 of Mineral Lot 73; and Lot 2 of Mineral Lot 74; Lot 2, Lot 21 of Maesey Heights, Lot 22 of Msssey Heights; Lot 23 of Msssey Heights; Lots I of Lot 4 of Lot 2 of Lot 1 of Mineral Lot 68; Lot2 of Lot 2 of Lot 4 of Lot 2 of Lot 1 of Mineral Lot 68; Lot I of Lot 2 of Lot I of Mineral Lot 68; Lot 2 of lot 3 of Lot 1 of Mineral Lot 68; Lot 1 of Lot 1 of Lot 3 of Lot I of mineral Lot 68; Lot 2 of Lot 1 of Lot 3 of Lot I of Mineral Lot 68; Let 1 of Lot 25 of Msssey Heights Subdivision; Lot 24 of Massey Heights SubdMsion; and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That in order to accomplish the purposes of the ID Institutional Distdct and of the Zoning Ordinance, the property herein above described is subject to the following conditions and restrictions: A. Use & Parking Regulations The following regulations shall apply to all uses made of land in the above- deecdbed ID Institutional District: 1) Principal permitted uses shall be limited to the following: a) Hospitals. (46) b) Out-patient care faciFr~es. (36) c) Residential care facil~es. (18) d) Offices for administrative personnel or other iosfiutional employees or affiliates. (14) e) Classroom, laboratodee, lecture halls, auditoriums and similar places of institutional assembly. (45) f) Off-street parking and loading. (NA) g) Nursing or convalescent homes of institutional residents or affiliates. (2) h) Recreational or athletic facilities for the primary use and benefit of insfiutional residents or affiliates (45) I) Existing pdvate uses or structures situated within an ID Institutional District for which the R-3 District standards shall apply. (NA) j) Single.family, two-family, (11) or multi-family dwellings for the housing of institutional residents or affiliates. (9) k) Facilities and operations for the diagnosis, care and treatment of human health disorders, including examinations in operating moms, physical therapy or x-ray facili~es, psychiatric treatment, convalescent care and similar hospital-relatad uses, but not to include commercial uses or uses listed as conditional or accessory uses for this district this provision shall include separate doctors clinics and other medical facilities not owned or operated by the principal institution and included in the conceptual development plan. (36) I) Churches (7), libraries, museums. (13) 2) Parking Requirements. The off- street parking requirements for the permitted uses listed for this ID Institutional District are indicated by a bracket-enclosed number next to the use, and described in Section 42.7 of the Zoning Ordinance of the City of Dubuque, Iowa. 3) Accessory Uses. The following uses sh. all be permitted as acceesory uses m the above-described iD Insfiutional Distdct a) Restaurants or cafeterias, flower shops, gift Shops, and candy, cigar or magazine stands but only when operated or located entirely within a principal building. b) Facili~es with a compounding, dispensing or sales of drugs or medicines, prosthetic devices, lotions or preparations, bandages or dressings and similar medical or health-related Reqular Session, July 6 1999 supplies. c) Ail uses customarily incidental to the principal permAed use in conj.uncfion ~ which such accessory use ~s operated or maintained, but not to include commercial uses outside the principal building. @. Lot and Bulk Reourafion~ Development of land in the ID Institutional District shall be regulated as follows: 1) AIl buildings, structures and actMties shall be located in conformance with the attached conceptual development plan and all flna? site development plans to be approved in accordance with the provisions of the ID Institutional regulations as provided in the Zoning Ordinance of the City of Dubuque, Iowa. 2) Any structure constructed on Lo 12 of Thomas E. Byree Subdivision shall have a side yard setback along the west property line of a minimum of 12 feet and a mex~mum height of 30 fee~ C. Site Develooment St~nd~rd~ 1) The landscaping and screening requirements shall be established in accordance with the requirements of Section 4-5 of the Zoning Ordinance of the City of Dubuque, Iowa, except that Section 4-5.4(3) shall be omitted. Ail ether ~e development standards of Section 4-4 shall apply. 2) A screen of evergreens shall be plantad along the west property line of Lot 12 of Thomas E. Byres Subdivision~ The .sc. reen shall consist of evergreens a minimum of five (5) feet tall at planting and providing 50 percent opac~. 3) New outdoor lighting must utilize 90 degree cut-off light fixtures. 4) E~(isfing mature trees on the site shall be preserved to the extent possible. D. Signage The following regulations shall apply to all signs in this particuar ID ths~tutional District as follows: 1) The maximum allowable area ii.rnitation for waiFmounted iden~cafion signs for Mercy health Center shall be established at 350 square feet per property street frontage adjoining Langworthy, Mazzuchelii, Wooten and Dodge. The maximum size of any one sign shall not exceed 250 square feet and the maximum number of signs for any one frontage shall not exceed eight 2) The maximum allowable area limitation for freestanding identificafion 296 ! signs for Mercy Health Center shall be 'established at 350 square feet per property street frontage adjoining Langworthy, Mazzuche[li, Wootan and Dodge. The maximum size of any one sign shall not exceed 250 square feet and the maximum number of signs for any one frontage shall not exceed four. 3) All existing wall-mounted and freestanding signs may be relocated as is required by addrtions, alterafions, or changes in building configuration for Mercy Health Center. The square footage limltafions herein above described in Nos. 1 and 2 shall apply. 4} A maximum area of 350 cumulative square feet of sign face per each frontage of Wooten, Hill and Langworthy for Medical Associates Clinic be established. The maximum area of any sign shall not exceed 200 square feet and the maximum number of signs shall not exceed 12. 5) That all other sign regulafions not herein iden~fied shall conform to Secfion 4-3.11 Schedule of Sign Regulations for the ID Institutional Distdct E. Time tim[ratiOn The conceptual development plan shall be valid for a period of five years final site development plans are subm~ed within the five (5) year time frame. Extensions may be granted by the City CouncE at the request of Mercy Health Center and Medical Associates Clinic. F. Transfer of Ownership Transfer of ownership or lease of property in this ID Ins~dtutional Distdct shall include the transfer of Jesse agreement a. provision that the or lessee acknowledges awareness of the conditions author~'ing the establishment of this distdc~ Passed, approved and adopted this 6th day 0f July, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 14th day of July, 1999. MaryA. Davis CMC, City Clerk It 7/14 Voetberg moved final considerafion and passage of the Oro~nance. Seconded by Robbins. Motion carded Proof of pubiicafion cer~ed to by the Publisher on Nofice of Public Hearing to consider reclassifying property located on Highway 20 West from County B-2 District to City C-3 297 Regular Session, July 6, 1999 District (Riley Development Co.), presented and read. Robbins moved that the proof be received and flied. Seconded by Nicholson. Motion carried 7-0. Jim Riley spoke requesting the rezoning. An Ordinance Amending Zoning Map by rediassif~ng property located on Highway 20 West from Dubuque County B-2 Business District to CitT's C-3 General Commercial District, concurrent w/annexation (first and second reading given on 6-21-99}, now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 56-99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ON HIGHWAY 20 WEST FROM DUBUQUE COUNTY B-2 BUSINESS DISTRICT TO CITY OF DUBUQUE C- 3 GENERAL COMMERCIAL DISTRICT CONCURRENT WITH ANNEXATION. Whereas, Riley Development Corporation, property owner, has requested rezoning concurrent with annexation to the City of Dubuque in accordance with Section 2-3 of Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances; and Whereas, this request has been found to be consistent with the Comprehensive Plan and the Future Land Use Map of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1, That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from Dubuque County B-2 Business District to City of Dubuque C~ General Commercial District, to w~ Theodore Konzen Place - Lots 2-2-1- 2 and 2-1-1-2 and 1-2-1-2 and 2-1-1 of Sec~on 29, Township 89, North Range, 2 East of the 5th P.M., ell in the City of Dubuque, Iowa, Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law, and at such time that the herein described property is legally annexed into the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of July, 1999. Terrance M. Duggan, Mayor Attest: MaryA; Davis, City Clerk Published officially in the Telegraph Herald newspaper this 14th day of July, 1999. MaryA. Davis CMC, City Clerk It 7/14 Robbins moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Proof of publication cer~'ied to by the Publisher on Notice of Public Hearing to consider reclassifying property South of Stariite Drive from PR to R-3 District. (Horizon Development Group, LLC}, presented and read. Robbins moved that the proof be received and filed. Seconded by Nichoison, Motion carried 7-0. Tim Puls spoke requesting the rezoning as proposed. An Ordinance Amending Zoning Map by rediassETing property located South of Sta~ght Drive from PR Planned Residential Designation to R-3 Moderate Density Mu~-Family Residential District (first and second readings given on 6-21-99), now presented for fu[ther action. (OFFICIAL PUBLICATION) ORDINANCE NO. 57-99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED SOUTH OF STARLITE DRIVE FROM PR PLANNED RESIDENTIAL DESIGNATION TO R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Append'c( A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by rectassh~Jing the R qular Ses~siOm July 6, 1999 298 hereinafter described property from PR Planned Residential Distdct to R-3 Moderate Density Multi-Fatuity District, to wit Lots 1 thru 21 and Lot"A" of Woodland Ridge SubdMsion, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take affect immediately upon publication, as provided by law. Passed, approved and adopted this 6th day of July, 1999. Torrance M. Duggan, Mayor Attest:. MaryA: Davis, C~y Clerk Published officially in the Telegraph Herald newspaper this 14th day of July, 1999. MaryA. Davis CMC, City Clerk It 7/14 Robbins moved final and passage of the Ordinance. Seconded by Nichdison. Motion 7-0. Proof of publication certified to by the Publisher on Nofice of Public Hearing to consider Text Amendment to Zoning Ordinance providing for special provisions for off-street parking and storage of vehicles in residential district and installation of driveways, presented and road. Voetberg moved that the proof be roceived and tiled. Seconded by Nichoison. Motion carried 7-0. An Ordinance Amending Zoning Ordinance by adding definitions of 'Aisle' and 'Driveway' and modifying the definition of 'Garage, Residential," and by amending Section 4-2.6 Special Provisions for Off-Street Parking and Storage of Vehicles in Residential District by adding a new Section 4- 2.6(D) Standards for installation of driveways (first & second reading given 6-21-99), now presented for further action. Voetberg moved to refer this matter back to Staff. Seconded by Nicholson. Motion carried 7-0. Proofs of publication cert~ed to by the Publisher on Notice of Hearing on Plans & Specs. and Notice to Biddem on the Receipt of Bids for Construction of Bee Branch Storm Cleaning Project and City Manager recommending to reschedute public headng and readveCdse for bids, presented and read. Michalski moved that the proofs and communication be received and filed. Seconded by Voetberg. Motion carried 7-0. RESOLUTION NO, 372-99 RESCINDING RESOLUTION NO. 345- 99 AND RESETTING THE DATE OF BEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its approval on the amended proposed plans, spec~cations, and form of contract and placed same of file in the office of the City Clerk for public inspection of the Bee Branch Storm Sewer Cleaning Project. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That Resolution No. 345-99, Fixing Date of Headng on Plans and Specifcations, is hereby rescinded. That, on the 19th day of Ju~y, 1999, a public hearing will be held at 7:00 p.m. in the Public Library Auditorium at which fime interested pemons may appear and be heard for or against the proposed amended plans and specifications, form of contract and cost of said improvement, and the CH Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed amended plans, spec~cations, contract, or estimated cost of the improvement. Passed, adopted and approved this 6th day of July, 1999. Torrance M. Duggan, Mayor Attest: MaryA, Davis, City Clerk Michaiski moved adoption of the Resolution. Seconded by Voetherg. Motion carried 7-0. RESOLUTION NO. 373-99 RESCINDING RESOLUTION NO. 346-g9 AND ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE Cr'i-Y OF DUBUQUE, IOWA: That Resolution No. 346-99, Ordering Bids for the Bee Branch Storm Sewer Cleaning Project, is heroby rescinded. That the Bee Branch Storm Sewer Cleaning Project is hereby orderod to Regular Session, July 6, 1999 be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and 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 Cb of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-tive days prior to the receipt of said bids at 2:00 p.m. on the 14th day of July, 1999. Bids shall be opened and ready by the City Clerk at said time and will be submitted to the Council for finaJ action at 7:00 p.m. on the 19th day of July, 1999. Passed, adopted and approved this 6th day of July, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Vostberg. Motion carried 7-0. Proofs of publication certified to by the Publisher on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of William M. Black Steamboat Restoration Project - Phase I (Fire Protec§on and Watermain Extension) and City Manager recommending to award contract for project, presented and read. Markham moved that the proofs and communication be received and tiled. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 374-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 2nd day of June, 1999, plans, specifications, form of contract and estimated cost were flied with the City Clerk of Dubuque, Iowa for the William M. Black Steamboat Restoration Project - Phase i. Whereas, notice of headng on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the p~ans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 6th day of July, 1999. Terrence M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Markham moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 375-99 AWARDING CONTRACT Whereas, sealed proposals have been subm~ted by contractors for the William M. Black Steamboat Restoration Project - Phase I pursuant to Resolution No. 305-99 and notice to bidders published in a newspaper ~ublished in the City of Dubuque, Iowa on the 10th day of June, 1999. Whereas, said sealed proposals were opened and read on the 24th day of June, 1999, and it has been determined that the bid of Tri-State Automatic Sprinkler Corporation of Davenport, Iowa, in the amount of $59,675.15 was the lowest bid for the furnishings of all labor and matadals 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 Tri-State Automatic SprinkJer Corporation and the Manager be and is hereby directed to execute a contract an behalf of the City of Dubuque for the complete ~erformance 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 author[zed and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 6th day of July, 1999. Terrance M. Duggan, Mayor Attest: Mary,A. Davis, City Clerk Markham moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. Proofs of publication cer~ed to by the Publisher on Notice of Hearing. on Plans & Specs. and No~ce to Bidders on the Receipt of Bids for Construction of William M. Black Steamboat Restoration Project Phase Hurricane Deck Roofing) and City Manager recommending to award contract for project, presented and read. Robbins moved that the proofs and communication be received and Reqular Session, ,July 6, 1999 filed. Seconded by l'~icholson. Motion carried 7-0. RESOLUTION NO. 376-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 2nd day of June, 1999, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the VVilliam M. Black Steamboat Restoration Project - Phase Il. ~Nheraes, 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 6th day of July, 1999. Terrance M. Duggan, Mayor Attest MaryA. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nichblecn. Motion carried 7-0. RESOLUTION NO. 377-99 AWARDING CONTRACT Whereas, sealed proposals have been submAed by contractors for the William M. Black Steamboat Restoration Project - Phase I1 pursuant to Resolution No. 308-99 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 10th day of June, 1999. Whereas, said sealed proposals were opened and read on the 24th day ef June, 1999, and it has been determined that the bid of Geisler Brothers Roofing of Dubuque, Iowa, in the amount of $79,464.57 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 Geisler Brothers Roofing subject to the concurrence of the Iowa Department of Transportation, and the Manager be and is hereby directed to eXecute a contract on behalf of the City of Dubuque for the complete performance of thework. 300 BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the C~ Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 6th day of Ju~y, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, C~ Clerk Robbins moved adoption of the resolu'don. Seconded by Nicholson. Motion carried 7-9. Proofs of publication cer~ed to by the Publisher on Notice of Headng on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of 1999 Curb Ramp Installation - CDBG and City Manager recommending to award contract for project, presented and read. Robbins moved that the proofs and communication be received and flied. Seconded by Michalsld. Motion carried 7~0. A Resolufion Adopting Plans & Specs. for project and a Resolution Awarding Contract for project to Perry Construction in the amount of $57,572.40, presented and read. Robbins moved to table action on this matter. Seconded by MichalskJ. Motion carried 7-0. Proofs of publication certified to by the Publisher on Notice of Headng on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of USHA Park Grading and City Manager recommending to award contract for project, presented and read. Voetberg moved that the proof and communication be received and filed. Seconded by Nichblson. Motion carded 7-0. RESOLUTION NO. 378-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 2nd day of June, 1999, plans, specifications, form of contract and es~mated cost were filed with the City Clerk of Dubuque, Iowa for the USHA Park Grading. 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, 301 Regular Session, July 6, 1999 specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 6th day of July, 1999. Terranca M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nichdison. Motion carded 7-0. RESOLUTION NO. 379-99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the USHA Park Grading pursuant to Resolution No. 302-99 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 11 th day of June, 1999. Whereas, said sealed proposals were opened and read on the 24th day of June, 1999, and it has been determined that the bid of Connolly Construction Inc. of Peosta, Iowa, in the amount of $65,252.55 was the lowest bid for the furnishings of ali 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 Connoliy Construction Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 6th day of July, 1999. Terrance M. Duggan, May~r Attest: Mary A. Davis; City Clerk Voetberg moved adoption of the Resolution. Seconded by Nichdison. Motion carded 7-0. Proofs of publication certified to by the Publisher on Notice of Headng on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of Five Flags Theater Toilet Renovation Project and City Manager recom- mending to award contract for project, presented and read. Michalski moved that the proofs and communication be received and filed. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 380-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 17th day of May, 1999, plans, specificalfons, form of contract and estimated cost were filed with the City Cierk of Dubuque, Iowa for the Five Flags Theater Toilet Renovation Project WHEREAS, notice of headng on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 6th day of July, 1999. Terrance M. Duggan, Mayor Attest: MaryA: Davis, CityClerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 381-99 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the FiVE FLAGS THEATER TOILET RENOVATION PROJECT pursuant to Resolution No. 242-99, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 4th day of June, 1999. WHEREAS, said sealed proposals were opened and read on the 22nd day of June, 1999, and it has been determined that the bid of RENAISSANCE DEVELOPMENT in the amount of $132,861 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 RENAISSANCE DEVELOPMENT, and Reqular Session, Jul,/6,;1999 30? 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 6th day of July, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalski moved adoption of the Resoluiton. Seconded by Markham. Motion carried 7-0. Proofs of publication ceriJfied to by the Publisher on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of Five Flags Chiller Equipment Installation and City Manager recommending to award contract for project, presented and read. Robbins moved that the proofs and communication be received and tiled. Seconded by Nicholson. Motion carried 7°0. RESOLUTION NO. 382-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 7th day of June, 1999, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the FIVE FLAGS CHILLER EQUIPMENT INSTALLATION. WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project Passed, approved and adopted this 6th day of July, 1999. Terrence M. Duggan, Mayor Attest Mary A. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicheison. Motion carried 7-0. RESOLUTION NO. 383-99 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the FiVE FLAGS CHILLER EQUIPMENT INSTALLATION pursuant to Resolution No. 277-99, and notice to bidders )ublished in a newspaper published in the City of Dubuque, Iowa, on the 11th day of June, 1999. WHEREAS, said sealed proposals were opened and read on the 24th day of June, 1999, and it has been determined that the bid of MMC MECHANICAL CONTRACTORS, INC., in the amount of $72,800 was the lowest bid for the furnishings of ali = 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 MMC MECHANICAL CONTRACTORS, 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 cf 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 6th day of July, 1999. Torrance M. Duggan, Mayor Attest Mary A. Davis, C~/Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice of Public Hearing to consider issuance of $800,000 Urban Renewal Tax Increment Revenue Promissory Note (interstate Power Company Loan) and City Manager recommend to proceed with issuance and Note, presented and read. Voetberg moved that the proof and communic~on be received and tiled. Seconded by Nicholson. Motion 303-- ' Regular Session, July 6, 1999 carded 7-0. RESOLUTION NO. 384-99 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDiTIONAL ACTION FOR THE ISSUANCE OF A $800,000 URBAN RENEWAL TAX INCREMENT REVENUE PROMISSORY NOTE 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 a $800,000 Urban Renewal Tax Increment Revenue Promissory Note to Interstate Power Company for the purpose of paying costs of aiding in the planning, undertaking and caring out of urban renewal project acf~Ates under Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development Disthct, including the acquisi~on and development of real property withing said Disthct, and has considered the extent of objecfions 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 C~ 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 add~onal acfion for the sale and issuance in the manner required by law of a $800,000 Urban Renewal Tax Increment Revenue Promissory Note for the foregoing purpose. Passed and approved this 6th day of July, 1999. Terrence M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 385-99 A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF A $800,000 URBAN RENEWAL TAX INCREMENT REVENUE PROMISSORY NOTE OF THE CITY OF DUBUQUE, IOWA, UNDER THE PROVISIONS OF THE CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID PROMISSORY NOTE Whereas, the City Council of the City of Dubuque, Iowa (the 'City' or the 'Issuer") has heretofore approved and adopted the Amended and Restated Urban Renewal Plan (the 'Urban Renewal Plan") for the Dubuque Industhal Center Economic Development Disthct described therein (the 'Project Area"); and Whereas, a copy of the Urban Renewal Plan for the Project Area has been recorded among the land records in the off[ce of the Recorder of Dubuque County, Iowa; and Whereas, it is presently estimated that the add~onal costs of carrying out the purposes and provisions of the Urban Renewal Plan for the Project Area. including the purpose set forth in Sec~on 3 hereof, exceed $800,000 and ]rovisions must now be made by the City to provide for the payment of such costs by the issuance of the Note described herein; and Whereas, the City Council has heretofore adopted Ordinance No. 26- 88, as amended by Ordinance No. 66- 97 (together, the 'Ordinance=), under which the taxes levied on the taxable property in the Project Area shall be divided, and a special fund created under the authority of Secton 403.19(2) of the Code of Iowa, as amended (which special fund is hereinafter referred to as the "Dubuque Industrial Center Economic Development Disthct Revenue Fund' or the '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 othe~vise, including bonds issued under the authority of Se~on 403.9(1) of the Code of Iowa, as amended, incurred by the City to finance or refinance in whole or in part the urban renewal acridines authored in the Urban Renewal Plan for the Project Area, and pursuant to which Ordinance such Revenue Fund may be irrevocably pledged by the C~' for the payment of principal and interest on Reqular Session~ July 6~ 1999 304 such indebtedness; and Whereas, the notice of intention of the City to take action for the issuance of $800,000 Urban Renewal Tax increment Revenue Promissory Note 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 the Note to the amount of $800,000 pursuant to the provision of Section 403.9(1) of the Code of Iowa, payable solely from the income and proceeds of the Dubuque Industrial Center Economic Development Distdct and revenues 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. Definitior~. In add,on to the definitions included in the preambles hereof, the fdilowing terms with or without capitar~zafion shall have the following meanings in this Resolution unless the text express~ or by necessary implication requires otherwise: "Clerk" shell mean the City Clerk or such other officer of the successor Governing Body as shall be charged with substantially the same duties and responsibilities. "Fiscal Year' shell mean the twelve- month pedod beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month pedod adopted by the Governing Body or by law as the officiel accounting period of the Issuer, Requirements of a Fiscal Year as expressed in this Resdiution shell exclude any payment of principal or interest falling due on the first day of the Fiscal Year and include any payment of principal or interest falling due on the first day of the succeeding Fiscal Year, 'Governing Body" shell mean the City Council of the City, or its successor in function with respect to the Urban Renewal Plan for the Project Area. 'independent Auditor' shall mean an independent firm of Certified Public Accountants or the Auditor of State. "Issuer' and "City' shall mean the City of Dubuque, Iowa. "Mortgage" shall mean the Mortgage to be conveyed to the Odginel Purchaser as security for the Note, covering a portion of the Project Area, being in substantielly the form attached hereto and made a part hereof. 'Note" shall the $800,000 Urban Renewal Tax Increment Revenue Promissory Note authorized to be issued by this ResolLr~on in substantially the form attached hereto and made a part hereof. 'Odginel Purchaser' shell mean interstate Power Company as the )urohaser of the Note from Issuer at the time of its original issuance. 'Paying Agent' shall mean the Treasurer, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescdbed herein as issuer's agent to provide for the payment of pdncipel of the Note as the same shall become due. "Project' or "Urban Renewal Project" shall mean the Dubuque Industrial Center Economic Development District of the City, as described in the Urban Renewal Plan for the Project Area; 'Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the )receeds of the Note. "Registrar" shall mean the Treasurer, 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 ownem of the Note. Unless otherwise specified, the Registrar shell also act as Transfer Agent for the Note. "Tax Increment Revenues" of the Project Area shall mean the tax revenues deposited in the special tax fund created by the Ordinance and authorized by Section 403.19(2) of the Code of Iowa. "Net Revenues" shall mean the Tax Increment Revenues of the Project Area, interest earned upon investment of the same and, to the extent appropriated by the Council to the payment of the Note, such other revenues and funds of the Issuer as 305 Regular Session, July 6, 1999 are dedved from or held in connection ~ the carrying out of the Urban Renewal Project. 'Treasurer' shall mean the City Finance Officer or such other officer as shalt succeed to the same duties and responsibilities with respect to the recording and payment of the Note issued hereunder. Section 2. Authority. The Note authorized by this Resolution shall be issued pumuant to Section 403.9 of the Code of Iowa, and in compliance with all applicable provisions of the Constitu~on and laws of the State of iowa. Section 3. Authorization and Pureose. There are hereby authorized to be issued a negotiable, serial, fully registered Urban Renewal Tax Increment Revenue Promissory Note of the City of Dubuque, in the County of Dubuque, State of Iowa, to be designated as "Urban Renewal Tax Increment Revenue Promissory Note", in the aggregate principal amount of $800,000, for the purpose of paying costa of aiding in the planning, undertaldng and carCng out of urban renewal project activities under Chapter 403 of the Code of Iowa ~nd the Amended and Restated Urban Renew'al Plan for the Dubuque Industrial Center Economic Development District, including the acquisition and development of real property within said District. Section 4, Source of Pavmeqt. As provided and required by Chapter 403 of the Code of Iowa and Section 403.9, the Note shall be payable solely and only from the Net Revenues of the Project Area, and the City hereby pledges said Net Revenues to the payment of the Note. The Note shall be further secured by the Mortgage granted to the Odginal Pumhaser, as and to the extent set forth therein. The Note and Mortgage issued pursuant to this Resolution are declared to be issued for an essential public and governmental purpose. The Note shall recite in substance that it has been issued by the City in connection with an urban renewal project as defined in Chapter 403 of the Code of Iowa, and in any suit, action or proceeding invoMng the validity or enfomeability of the Note or the security therefor, such Notice shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located and carded out in accordance with the provisions of Chapter 403 of the Code of Iowa. Section 5. Note and Mortaaae Details. The Note and Mortgage are hereby approved and 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. The Note shall be fully registered as provided in this Resolution; principal 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 issued as a single Note in the form attached hereto, in the principal amount described herein, and shall mature as follows: Maturity Date Amount July 1, 2000 $266,666 July 1, 2001 266,667 July 1, 2002 266, 667 The Note shall not bear interest, except under the terrqs set forth therein. Section 6. Oofional Redemufior]. The Note is subject to redemption prior to maturity by the Issuer and may be paid before maturity on any date, from any funds regardless of source, in whole or from time to time in part. The terms of redemption shall be par. Thirty days' notice of redemption shall be given by ceri~ed mail to the registered owner of the Note. Failure to give such notice by mail to any registered owner of the Note or any defect therein shall not affect the validity of any proceedings for the redemption of the Note. Section 7. Reaistraton of Note; Aooointment of Reaistrar Transfer;, Ownershio: Delivery: and CanCellation. (a) Registration. The ownership of Note may be transferred only by the matdng of an entry upon the books kept for the registration and transfer of ownership of the Note, 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 Note for the payment of principal of the Reqular Session, JUly 6~ 1999 306 Note as provided in this The Note shall be negotiable as provided in AYdcle 8 of the Uniform Commemial Code and Section 384.83(5) of the Code of Iowa, subject to the provisions for registration and transfer contained in the Note and in this Resolution. (b) Transfer. The ownership of the Note may be transferred only upon the Registration Books kept for the registration and transfer of the Note and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authored attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer iden~fication number of such transferee (or, if registration is to be made in the name of multipis individuals, of all such transferees). In the event that the address of the registered owner of the 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 th~ Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Note, a new fully registered Note, in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Note, and maturing on the same date or dates shall be delivered by the Registrar. (c) Reoistrafion of Transferred NQt~ In all cases of the transfer of the Note, the Registrar shall register, at the eadiest praclicable time, on the Registration Books, the Note, in accordance with the provisions of this Resolution. (d) Ownership. As to the Note, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of the Note shall be made only to or upon the order of the registered owner thereof or his legal representative. Ail such payments shall be valid and effectual to satisfy and discharge the liability upon such Note to the extent of the sum or sums so paid. (e) Cancellation. Ail principal of the Note which has been redeemed shall not be reissued but shall be canceled by the Registrar. Any Note which is canceled by the Registrar shall be destroyed and a cedJficate of the destruction thereof shall be furnished promptly to the Issuer, provided that if the Issuer shall so direct, the Registrar shall forward the canceled Note to the Issuer. (f) Non-Presentment of Note In the event any payment check representing payment of principal of the Note is returned to the Paying Agent or is not for payment of principal at the maturity date, if funds sufficient to pay such principal of Note 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 payment of such Note shall forthwith cease, terminate and be complately discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Note 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 Note. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years 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 Note of whatever nature shall be made upon the Issuer. Sec~on 8. Reissuance of Mutilated, Destroyed ~tolen or lost No,~.. 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 mLCdlated, destroyed, stolen or lost, in exchange and substitution for such mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of and substitution for the Note destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Regisffar and Issued that such Note 307 Regular Session, July 6, 1999 has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 9. Record Date. Payments of principal, othePMse 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 Note to the extent of the payments so made. Payment of final principal shall only be made upon surrender of the Note to the Paying Agent. Section 10. Execution. Authentication and Delivery of the Note. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Note to the Registrar, who shall register the Note and deliver the same to or upon order of the Odginal Pumhaser thereof. Se~on 11. Right to Name Substitute Pavina Aaent or Reaistrar. Issuer reserves the dght to name a substitute, successor Registrar or Paying Agent upon giving prompt wdtten notice to each registered Noteholder. Section 12. Eauar~v of Lien. The timely payment of pdncipat of the Note shall be secured by the Net Revenue of the Project Area; and the Net Revenues of the Project Area are hereby irrevocably pledged to the timely payment of principal as the same becomes due. Section 13. A~blirrafion of Note Proceeds. Proceeds of the Not shall be deposited in the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of the Note at any time that other funds of the Project shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law. Any excess proceeds remaining on hand after completion of the purpose of issuance shall be used to call or othePMse retire the Note. Section 14. Ta× Low. 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 the Revenue Fund and the portion of taxes to be paid into such fund and, pursuant to the direction of Section 403.19 of the Code of Iowa, the Auditor shall thereafter allocate the taxes in accordance therewith and in accordance with the Ordinance referred to in the preamble hereof. It is hereby certified that, subject to such limitations as provided by in Section 403.19 of the Code of lows, the annual amount to be certified for collection in incremental taxes pursuant to Section 403.19(2) of the Code of Iowa shall be not less than the amounts as follows: Amount Fiscal Year (Juiy 1 to June 30) ~ Year of Collection $266,666 1999/2000 266,667 2000/2001 266,667 2001/2002 Section 15. Covenants. The Issuer hereby covenants and agrees with each and every holder of the Note as follows: (a) Maintenance in Force. The Issuer will maintain the Urban Renewal Plan and the Ordinance in force and will annually cause the Tax Increment Revenues and Net Revenues to be levied, collected and applied as provide in this Resolu~on; provide; however, that to the extent that amounts are on hand and are sufficient to meet the payments required to be made as required by this Resolution, the Issuer may abate the levy of incremental taxes in any year. (b) Accounfino and Audits. The Issuer will cause to be kept proper books and accounts adapted to the Issuer and in accordance with generally accepted accoun~ng practices, and will diligently act to cause the books and accounts to be audited annually and reported upon not later than 180 days after the end of each Fiscal Year by an Independent Reqular Session~ July 6, .1999 308 Auditor and will provide copies of the audit report, upon written request, to the holder of the Note. (c) State Laws. The issuer will faithfully and punctually preform ali duties with reference to the Project Area required by the Constitution and laws of the State of Iowa, and will segregate the Tax Increment Revenues of the Project and apply said revenues as specified in this Rssolufion. (d) Amendments. The Issuer reserves the right to amend the Urban Renewal Plan and he Project Area (and the Ordinance, to the extent necessary to conform the same to the Urban Renewal Plan and Project Area, as so amended) at any fime in its lawful discretion. Section 16. Remedies gf Noteholders. Except as herein expressly limited the holder or holders of the Note shall have and possess all the dghts of acfion and remedies afforded by the common law the Constitution and statutes of the State of Iowa, and of the United States of Amedca, for the enforcement of payment of the Note, and of the pledge of the revenues made hereunder, and of all covenants of the Issuer hereunder. Section 17. Prior Lien and Parity Oblioaflons. The Issuer will issue no other bonds, notes or obligafions of any kind or nature payable from or enjoying a lien or claim on the property or Net Revenues of the Project Area having priority over the Note. Addi~onal bonds, notes or other obligations may be issued on a parity and equality of rank with the Note with respect to the lien and claim of such additional obligations to the Net Revenues of the Project Area for the purpose of refunding the Note, or for the purpose of financing uther Project Area costa under the terms of the Urban Renewal Plan, if all of the following condi~ons have been met; (i) before any such obligations are issued, there will have been procured and filed with the City clerk, a statement of the Treasurer to the effect that, in his view, the Tax Increment Revenues to be derived from the Project Area for the current or next succeeding fiscal year, if available (with adjustments as hereinafter provided) were equal to at least the maximum amount that will be required in any future Fiscal Year, through the year of the longest maturity of the Note, to pay the principal of the Note and the principal of and interest on the obligations then proposed to be issued. The Tax Increment Revenues for the current or next succeeding Fiscal Year may be adjusted pre forma to equal the maximum amount of Tax Increment Revenues which the Issuer would have obtained for the year if the Issuer had caused to be levied the maximum amount of incremental taxes perm~ed by law. The Tax Increment Revenues of the Project Area for the current or next succeeding Fiscal Year also may be adjusted proforma (i) to equal the maximum amount that would be collected given the most recent assessment of the properties in the Project Area had that assessment been available in the Fiscal Year of the proposed issuance and (ii) to reflect any minimum assessment agreements entered into by the Issuer prior thereto with respect to construction completed or in progress that will rssuif in an Increase in the valuafion of specified properties in the Project Area. (ii) the additional obligations must be payable as to principal on the same month and day as the Note. Section 18. Discharge and Satisfaction of Nof~ 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 any one or more of the following ways: (a) By paying the Note when the same shall become due and payable; and (b) By depositing in trust with the Treasurer, or with a corporate trustee designated by the Governing Body for the payment of said obligation and irrevocably appropriated exciusiveiy to that purpose an amount in cash or direct obligations of the United States the rnata~ss and income of which shall be sufficient to refire at maturity, or by redemp~on pdor to maturity on a designated date upon which said obligation may be redeemed, all of such obligation outstanding at the time, ~rovided that proper notice of redemption of all such obligation to be 309 Regular Session, July 6, 1999 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 liability of the Issuer with respect to the Note shall cease, determine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or securities so deposited. Section 19. 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 the Note no change, variation or alteration of any kind in the provisions of this Resolution shall be made in any manner, except with the consent of the Odginal Purchaser or other registered holder of the Note, until such time as the Note shall have been satistied and discharged as provided in this Resolution. Section 20. Severabil~. If any section, paragraph, or provisions of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforeeability of such section, paragraph or provisions shall not affect any of the remaining provisions. Section 21. Repeal of Contiicting Ordinances or Resolutions and E~ffective Date. All other ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this Resolu~on are, to the extent of such conflict, hereby repealed; and this Resolution shall be in effect from and after its adoption. Adopted and approved this 6th day of July, 1999. Terrance M. Duggan, Mayor Attest: MaP/A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Michael Pratt, General Manager of McLeodUSA addressed the Council advising of the return of loan agreement between City and McLeodUSA. Michalski moved that the communication be received and tiled and accepted the return of the unsigned loan agreement. Seconded by Voetberg. Motion carded 7-0. City Manager recommending to concur with Dubuque County's request to have Eighth Street remain closed to traffic for expansion of Law Enforcement Center, presented and read. Buol moved that the communication be received and filed and approved the recommendation. Seconded by MichalskJ. Carried bythe following vote: Yeas--Buol, Markham, Michalski, Nicholson, Robbins, Voetberg. Nays--Duggan. Atty. David Setter, representing Paul & Jayne Cate, requesting Council to reconsider their rezoning request for land located on Highway 20 West, presented and read. Voetberg moved that they reconsider and to place this matter on the next Council Agenda. Seconded by - Nicholson. Motion carried 7-0. Atty. Todd Stevenson, on behalf of Wayne Stewart and Stewart Construction requesting Council reconsider its action regarding zoning of approx. 9.5 acres of real estate located on Highway 20 West and Cousins Road, presented and read. Michalski moved that they reconsider action on this matter. Seconded by Markham. Caried by the following vote: Yeas~Buot, Markham, Michalski, Nicholson, Robbins. Nays--Duggan, Voetberg. City Manager recommending approval of Ordinance fixing fees for domestic (Septic Tanks) sewage discharged at treatment plant, Welu Pumping Services and Triple J Septic Tank Service commenting on proposed rate increase, presented and read. Voetherg moved that the communications be received and flied. Seconded by Nicholson. Carried by the following vote: Yeas---Buot, Duggan, Markham, Michalski, Robbins, Voetberg. Nays--Nicholson. An Ordinance Amending Section 44-71(0 providing for fixing fees for haulers of Domestic (Septic Tanks) Sewage Discharged at the Wastewater Treatment Plant, presented and read. Reqular Session, July 6~ ~1999 310 (OFFICIAL PUBLICATION) ORDINANCE NO. 58-99 AN ORDINANCE AMENDING SECTION 44-71(0 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, FIXING FEES FOR DOMESTIC SEWAGE DISCHARGED AT THE WASTEWATER TREATMENT PLANT. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF DUBUQUE, IOWA: Section 1. Seddon 44-71(0 of the Code of Ordinances of the City of Dubuque, Iowa is hereby amended to read as follows: (0 Fee Per Load. The rate to be charged for domestic sewage discharged at the Wastewater Plant by pdvate haulers from residences within the corporate limits of the city shall be $0.05 per gallan. The rate for domestic sewage by private haulem from residences outside the corporate limits of the city shall be $0.075 per gallon. Section 2. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 6th day of July, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, CityClerk Published officially in the Telegraph Herald newspaper this 15th day of July, 1999. Mary A. Davis CMC, City Clerk It 7/15 Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be tinally passed be suspended. Seconded by Nicholson. Carried by the folloWing vote: YeasIBuol, Duggan, Markham, Michalski, Robbins, Voetberg. Nays--Nicholson. Voetberg moved final consideration and passage of the Ordinance. Seconded by Nichdison. Carded by the following vote: Yeas--Buol, Duggan, Markham, Michalski, Robblns, Voetberg. Nays--Nicholson. City Manager recommending installation of steps and landing on public dght.-of-way at 900 Central Ave., presented and read. Voetberg moved that the communication be received and filed. Seconded by Buci. Motion carried 7-0. An Ordinance Authorizing Marde Enterprises to construct steps and landing at 900 Central Ave., presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 59-99 AN ORDINANCE AUTHORIZING MARDE ENTERPRISES TO CONSTRUCT STEPS AND LANDING NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Marde Enterprises as the owner of the premises known as Cue Master of Dubuque, Iowa, and legally described as City Lot 278 be and they ars hereby granted the revocable permit and authority to construct and maintain steps and a landing under the terms and cond~ons set fodh in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Sec'don 3. That the permission herein granted is expressly cond~oned on permittaes' agreement to: a. Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said steps and landing; and b. Procure and maintain in force dudng the term of this permit a policy of liabil~ insurance as set forth in the attached insurance Schedule; and c. Pay on behalf of the Cb of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liabir~y imposed upon the City of Dubuque for damages of any kind resu~ng from the location, installation, exJstance, construstJon or maintenance of said steps and landing sustained by any person or persons, caused by accident or othe~vise to defend at its own expense and on behalf of said City any claim against 3 ]- ! Regular Session, July 6, 1999 the City of Dubuque arising out of the location, installation, existence, construction or maintenance of steps and landing and to pay reasonable attorney fees therefor;, and d. indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injudes to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a resuit of or in connection with the location, installation, existence, cons~uction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressed cond~oned upon permittess' further agreement that should the dght and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abut~ng property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said steps and landing and in the event of their failure to do so, the City of Dubuque shall be author[zed to remove said steps and landing at permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resu~ng from the removal of said steps and landing. Section 5. That permittess covenant and agree that the revocable permit herein granted does not cons~tute any approval of the design, erection, location, construction, repair or maintenance of said facility and said permiftee hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or property damage against the permittees adsing out or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective end the dghts hereunder accrue to Marde Enterprises when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by . permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is author's, ed and directed to file at )ermittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 6th day of July, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, CityClerk ACCEPTANCE OF ORDINANCE NO. 59-99 The undersigned having read and being familiar wff. h the terms and conditions of Ordinance No. 59-99, hereby, for themselves, their successors or assigns, as owners of the abutlJng property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by 3ermittees. By: Marde (Steve Lamps) T~e: Partner Dated: 6-21-99 Published officially in the Telegraph '-ferald newspaper this 13th day of Ju~y, 1999. Ma~ A. Davis CMC, Cb Clerk It 7/13 Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally ~assed be suspended. Seconded by Buol. Motion carded 7-0. Voetberg moved final consideration and passage of the Ordinance. Seconded by BuoL Motion carried 7-0. City Manager submitting an ordinance providing for increase in false alarm responses, presented and read. MichalskJ moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Enacting a new Sec. 38-16(3) in lieu thereof providing an increase in service charges for false alarm responses, presented and read. (OFFICIALPUBLtCATION) ORDINANCENO. 60~9 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE Reqular Session, July 6~ 1999 CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 38-16(3) RELATING TO SERVICE CHARGES FOR FALSE ALARMS AND ENACTING A NEW SECTION 38-16{3) IN LIEU THEREOF PROVIDING FOR AN INCREASE IN SERVICE CHARGES FOR FALSE RESPONSES NOW THEREFORE, BE IT ORDAINED BY THE CITY COUI* OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 38-16(3) of the Code of Ordinances of the City of Dubuque, Iowa, be and is hereby repealed and the following new Section 38-16(3) is enacted thereof:. Section 38-16. Service Charges (3) There shall be a service charge of forty-five dollars ($45.00) for response to the fifth and each subsequent alarm to and including the eighth, and a service charge of one hundred doliam ($100.00) for the ninth and each subsequent alarm provided there have been at least four (4) false alarms wffhin the fiscal year beginning ~he most recent July 1. Passed, approved and adopted this 663 day of July, 1999. Terrance M. Duggan, Mayor Attest Manj A. Davis, City Clerk Published ofticially in the Telegraph Herald newspaper this 15th day of July, 1999. Man/A. Davis CMC, City Clerk It 7/15 Michaiski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by Nicholson. Motion carried 7-0. Michalsld moved tinal consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. City Manager requesting confirmation on the appointment of the members of the Ad Hoc Committee on Billboards, presented and read. Michalski moved that they contirm the committee as recommended and Lamar Outdoor Adver~sing Co. representative be Ann Tressel. Seconded by Nicholson. Motion carried 7-0. 312 City Manager submitting bidding documents providing for Klingenberg Terrace Retaining Wall Reconstruction Project, presented and read. Voetberg moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 386-99 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Klingenberg Terrace Retaining Wall Reconstruction Project, in the estimated amount of $336,183.00, are hereby approved and ordered tiled in the office of the City Clerk for public inspection. Passed, adopted and approved this 6th day of July, 1999. Terrance M. Duggan, Mayor Attest: MaryA: Davis, City Clerk Veetberg moved adoption of the Resolutidn. Seconded by Nichoison. Motion carded 7-0. RESOLUTION NO. 387-99 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 tile in the office of the City Clerk for public inspection of the Klingenberg Terrace Retaining Wall Reconstruction Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 2nd day of August, 1999, a public hearing will be held at 7:00 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such headng to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the 3[3 Regular Session, July 6, 1999 day fixed for its consideration. At the headng, 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 6th day of July, 1999. Terrance M. Duggan, Mayor Attest MaryA. Davis, CityClerk Voetherg moved adoption of the Resolution. Seconded by Nichoison. Motion carded 7-0. RESOLUTION NO. 388-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Klingenberg Terrace Retaining Wall Reconstruction Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the nofice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to adverse 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 nofice shall not be less than four days nor more than forty-five days pdor to the receipt of said bids at 2:00 p.m. on the 22nd day of July, 1999. Bids shall be opened and read by the City Clerk at said time and 'Mil he submitted to the Council for final action at 7:00 p.m. on the 2nd day of August, 1999. Passed, adopted and approved this 6th day of July, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson, Motion carded 7-0. Kathieen McMullen, General Manager of TCI requesting possible waiver of franchise Ordinance to grant TCI permission to charge an administrative fee on delinquent accounts and City Manager recommending public headng be set for August 16, 1999 to consider request on waiver of certain provisions of Ordinance No. 42-81, presented and read. Mishaiski moved that the communications be received and flied and set public headng for 8-16-99 at 7:00 p.m. in the Public Library Aud~odum. Seconded by Buol. Motion carded 7-0. City Manager recommending approval of amendment to lease with DRA for property in Ice Harbor, )resented and read. Vostherg moved that the communication be received and flied. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 389-99 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY AMENDMENT TO LEASE WITH DUBUQUE RACING ASSOCIATION WHEREAS, the City of Dubuque, iowa (City) leases certain real property in the Ice Harbor to the Dubuque Racing Aesociation (DP, A) as set forth in a Lease Agreement, dated February 28, 1990; AND WHEREAS, City and DRA have from time to amended the Lease Agreement; AND WHEREAS, City and DRA now desire to amend the Lease Agreement as set forth in the attached Seventh Amendment NOW, THEREFORE; BE tT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque, iowa, intends to dispose of its interest in the foregoing-described real property by amendment to the Lease Agreement between City and DRA, a copy of which amendment is attached hereto, among other things, extending the term of the Lease Agreement from Mamh 31, 2004 to December 31, 2008. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public headng on the City's intent to dispose of the foregoing- described real property, to be held on the 19th day of July, 1999, at 7:00 o'clock p.m. at the public library auditorium, 11th & Locust, Dubuque, Reqular Session, July 6~ 1999 iowa. Passed, approvec~ and adopted this 6th day of July, 1999. Termnce M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. 314 There being no fur[her business, Voetberg moved that the meeting adjourn. Seconded by Michalsld Motion carried 7-0. The meeting adjourned at 11:31 P.M. /s/Mary A. Davis CMC, erk ~ ''C ~'"~cil'Members Attest: C~ CJe~ 3]-5 Special Session, July 19, 1999 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, July 19, 1999 Council met at 6:30 p.m., Public Library Auditorium Present Mayor Duggan, Council Members Buol, Miohalski, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligan, Corporation Counsel Barry A. Lindahl. Absent--Council Member Markham. Mayor Duggan read the call and stated this is a Special Session of the City Council called for the purpose to go into Closed Session to discuss the purchase of real estate. At 6:31 P.M. Voetberg moved to go into Closed Session In accordance with Ch. 21,5 1.(j) State Code of Iowa, 1999, as amended, To discuss the purchase of particular real estate where premature disclosure could be reasonably expected to increase the pdce the governmental body would have to pay for that properbj. Seconded by Buol. Motion carded 6-0. At 6:37 P.M. Council reconvened Regular Session with statement that direction had been given Staff. There being no further business, Nicholson moved to adjourn. Seconded by Michalski. Motion carded 6~0. The meeting adjourned at 6:38 P.M. Is/Mary A. Davis CMC, City Clerk Approved.~~ , 1999 Adopted ~--~--~'~,?...,_1.,999 ~ Cour{cil'~mtJer~ City Clerk ~/ Board of Health, July 19i 1999 3! 6 DUBUQUE BOARD OFHEALTH QUARTERLY MEETING Board of Health, Regular Quarterly Meeting, July 19, 1999 Board met at 6:55 P.M., Public Library Auditorium Present Chairperson Duggan, Board Members Buol, Markham, Michalski, Nichoison, Robbins, Voetberg. Chairperson Duggan read the call and stated this is the Regular Quarterly Meeting of the Board of Health called for the purpose to act upon such bus[ness which may properly come before the Board. Barbara Moran, Director of Dubuque VNA, submitted their Quarterly and 1998/1999 Fiscal Year report. Michalski moved to receive and file the report. Seconded by Voetberg. Motion carded 7-0. Ms. Moran spoke and verbally gave the report and requested continued support from the Board. There being no further business, Voetberg moved to adjourn the mee§ng. Seconded by Robbins. Motion carded 7-0. The meeting adjourned at 6:59 p.m. /s/Mary A. Davis CMC Secretary, Board of Health 317 Regular Session, July 19, 1999 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, July 19, 1999 Council met at 7:00 P.M., Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Markham, Michalski, Nicholson, Robb[ns, Voetberg, City Manager Michael Van Mil[igen, Corporation Counsel Barry A. LJndahl. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may propedy come before the Council. Invocation was given by Rev. Anthony Noel, Pastor of the Abundant Harvest Church of God. PROCLAMATIONS -- Support St. Mark Community Center for their effort to collect school supplies from July 30th to August 1st, received by Joe Riecks. MINUTES SUBMITTED: Cable TV Regulatory Commission of 6-30; Community Development Advisory Commission of 5-21; CMl Se~,ice Commission of 6-10; Enterprise Zone Commission of 7-1; Histodc Preservation Commission of 6-17 & 7- 1; Public Library of 4-29 & 5-27; Zoning Board of Adjustment of 6-24, presented and read. Voetberg moved that the minutes be received and tiled. Seconded by Michalski. Motion carded 7-0. Finance Director submitting tinancial report for month ending June 30, 1999, presented and read. Voetberg moved that the communication and report be received and tiled. Seconded by MichalskL Motion carried 7-0. Proof of Publication on Notice of publishing Council Proceedings for 6- 21 and List of Claims & Summary of Revenues for month ending May, 1999, presented and read. Voetberg moved that the proofs be received and tiled. Seconded by Michalski. Motion carried 7-0. NOTICES OF CLAIMS/SUITS: Glen Albert in unknown amount for properb/ damages; Judy Hohmann in amount of $1,144.89 for backup sewer damages; Alice Kirpes in amount of $289.50 for personal injudss; Igor Kotoutiouk in amount of $555.14 for property damages; Hadan Kyle in amount of $21,000.00 & $20,000 for property taken from him; Mildred Licht/Jan Schulta in amount of $594.32 for backed up sewer damages; Pearl Meyers in unknown amount for backed up sewer damages; Mark Mossman on behalf of Pollution Control Systems, inc. submitting Notice of Claim for Labor & Matadal for a City project; Chades Steffen in unknown amount for water damages, presented and read. Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by MichaiskJ. Motion carded 7-0. Corporation Counsel advising following claims have been referred to Public Entity Risk Se~css of Iowa, the agent for the Iowa Communities Assurance Pool: Property damage of Louis R. Hendricks; Property damage of C. Gaa Holdiman; Property damage of Ronald & Carl Jahns; Property damage of Ruth Mstcaif; Property damage of Dale and Marcia Weiland; Pereonal injury of Marion Williams, presented and read. Vostberg moved that the communications be received and tiled. Seconded by Michaisk~. Motion carded 7-0. Corporation Counsel recommending settlement of vehicle damage claim of Brian J. Davis in amount of $60.86 and direct Finance Director to issue check, presented and read. Voetberg moved that the communication be received and filed and approved recommendation. Seconded by Michalski. Motion carried 7-0. REFUNDS REQUESTED -- Mutgrew Oil Co., $25.00 on unexpired Beer Permit, presented and read. Voetberg moved that the refund be approved and Finance Director to issue proper check. Seconded by Michaisld. Motion carded 7-0. July 12, 1999 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1999 Code of Iowa, the Civil Service Commission conducted a written entry examination on May 26, Re,qular Session, July 19i 1999 318 1999 for the posifion of Police Officer / Entry Level in the Police Department We hereby certify that the following indMduais have passed this written examination and other tests (including oral interviews) for this position and the appointment, s) should be made from this list (A second list is held in abeyance if needed). POLICE OFFICER - ENTRY LEVEI Trevis Kramer Dave J. Weis II John Rule Jennifer Schreiber David Kaiser Karen Smith Chdatopher Gorrell David Lindecker Becky Henry Phlllip Fdedman Ted Krapfl Angola Hennigar Justin Stair Michael Peacock Stanley Ryan Josh Abitz Respectfully submitted, Mede J. Duehr, Jr., Chairperson Loras J. Kluesner Thomas E. Rawson Civil Service Commission July 12, 1999 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1999 Code of Iowa, as amended, a promotional examination was held for the pos~on of ENGINEERING ASSISTANT II for the Engineering Division of Public Works Depar~nent. We hereby cerl~y that the following individual has passed this examination and the vacancy for this position should be made from this list We further state that this list is good for two (2) years from above date. ENGINEERING ASSISTANT II Shawn Frazier Respectfully submitted, Mede J. Duehr, Jr., Chairperson Lores J. Kluesner Thomas E. Rawson Civil Service Commission Voetberg moved that the above CMl Service certifications be made a matter of record. Seconded by Michelski. Moron carried 7-0. Atty. Gary Norby, on behalf of John R. Kreiman, requesting vacation and sale of porlion of Maple Leaf Ave. abutting his property and also poWon of Louella Lane, presented and read. Voetberg moved that this matter be referred to the City Manager. Seconded by Michaiski. Mofion carded IDOT advising of their acceptance of bids for a project located on U.S. 61 at the westbound off ramp to the Dubuque Dog Track and provisions required of the City regarding relocations of utiliiies, alterations etc., presented and read. Voatberg moved that the communication be received and flied. Seconded by Michaiski. Motion carded 7-0. Zoning Advisory Commission advising of their approval of final plat of Tamarack Business Park, presented and read. Voetberg moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 390-99 RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THRU 4 AND LOT A TAMARACK S.E. FOURTH SUBDIVISION, IN DUBUQUE COUNTY, IOWA. Whereas, there has been filed with the City Clerk, the final plat of Lots 1 thru 4 and Lot A Tamarack S.E. Fourth Subdivision, in Dubuque County, Iowa; and Whereas, said plat has been examined by the Zoning AdvisoP/ Commission and has its approval endorsed thereon; and Whereas, said plat has been examined bythe City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOW,&, Section 1. That the City Council hereby waives Article IV, Design and Improvement Standards, of the Subdivision Regulations, except Section 42-19, Lots and Blocks. Section 2. That the final plat of Lots thru 4 and Lot A Tamarack S.E. Fourth SubdMsion, in Dubuque County, Iowa, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. Section 3. That in the event the owners shall tail to execute the acceptance within 180 days after the date of this resolu'don the provisions hereof shall be null and void and the acceptance and approval of the plat shall not be effect~e. Passed, approved and adopted this 19th dayof July, 1999. Torrance M. Duggan, Mayor Attest Mary.&. Davis, City Clerk ACCEPTANCE OF RESOLUTION NO. 390-99 I, the undersigned, Jori D. 319 Regular Session, July 19, 1999 Luckstaad, having read the terms and conditions of the Resolution No. 390-99 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 20th day of July, 1999. By/s/Jori D. Luckstead Voetberg moved adoption of the Resdiufion. Seconded by Michalski. Motion carried 7-0. Zoning Advisory Commission advising of their approval to subdMsion plat for Northeast corner of Rush and Plum Streets, presented and read. Voetberg moved that the communication be received and filed. Seconded by Michalsld. Motion carded RESOLUTION NO. 391-99 A RESOLUTION APPROVING THE FINAL PLAT OF UNION ADDITION NO. 2, IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Union Addition No. 2, in the City of Dubuque, Iowa; and Whereas, said plat provides Lot 3 with 4,500 square feet of lot area and 40 feet of frontage, where 5,000 square feet and 50 feet are required respec~eJy by Section 42-19(b) of the Subdivision Regulations; and Whereas, said survey plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said survey plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CiTY OF DUBUQUE, iOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 3 to have 4,500 square feet of lot area and 40 feet of lot frontage, where 5,000 square feet of lot area and 50 feet of lot frontage are required. Section 2. That the final plat of Union Addition No. 2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. Passed, approved and adopted this 19th day of July, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by MichalskL Motion carded 7-0. Zoning Advisory Commission advising of assessment cf Significant Change for property located at Carter Road at Westmore Drive, presented and read. Voetberg moved that the communication be received and filed. Seconded by Michalski. Motion carded 7-0. City Manager recommending adoption of Supplement ¢/41 to the Code, presented and read. Voetberg moved that the communication be received and filed. Seconded by Michalski. Motion carded 7-0. RESOLUTION NO. 392-99 ADOPTING SUPPLEMENT NO. 41 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of July 17, 1989, the City Council,, pursuant to Ordinance No. 34-89, readoptad the Code of Ordinances of the City of Dubuque, Iowa for ordinances adopted up' to and including December 19, 1988; and Whereas, since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been pdnted as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Ordinances provides that supplements by resdiufion, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 41 of the Code of Ordinances of the City of Dubuque, Iowa, covedng Ordinances through Ordinance No. 41-99 enacted through May 3, 1999 and prepared by the Steding Codifiers, Inc, Weiser, ID hereto filed in the Office of the City Clerk of the City of Dubuque, Iowa be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of July, 1999. Terrsnce M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Michalstd. Motion carded 7-0. City Manager recommending acceptance of Greyhound Park & Re.q ular Session~ July 19~ 1999 320 Casino Kennel .Area Parking Lot Improvements, presented and read. Vostberg moved that the communication be received and tiled. Seconded by Michalski. Motion carded 7-0. RESOLUTION NO. 393-99 ACCEPTING iMPROVEMENT Whereas, the contract for the Dubuque Greyhound Park & Casino Kennel Area Parking Lot Improvements has been completed and the City Manager has examined the work and filed his ceYdficate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Se~on 1. That the recommendation of the Ci~ 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 Depreciation and Improvement Funds in the Dubuque Racing Association's Fiscal Year 1999 Capital Improvement Project in amount equal to the amount of his contract, Jess any retained percentage provided for therein. Passed, approved and adopted this 19th day of July, 1999. Terrance M. Duggan, Mayor Attest MaryA. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Michelski. Motion carded 7-0. RESOLUTION NO. 394-99 FINAL ESTIMATE Whereas, the contract for the Dubuque Greyhound Park & Casino Kennel Area Parking Lot Improvements has been completed and the City Engineer has submitted his tinal estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellanecus costs; NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA~ Section 1. That the cost of said improvement is hereby determined to be $44,473.97 and the said amount shall be paid from the Depreciation and Improvement Funds in the Dubuque Racing Association's Fiscal Year 1999 Capital Improvement Project of the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of July, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voetherg moved adoption of the Resolution. Seconded by Michaiski. Motion carded 7-0. City Manager recommending acceptance of Greyhound Park & Casino Park Lighting project, )resented and read. Voetberg moved that the communication be received and filed. Seconded by Michelski. Motion carded 7-0. RESOLUTION NO. 395-99 ACCEPTING IMPROVEMENT Whereas, the contract for the Dubuque Greyhound Park & Casino - Parking Lot Project has been completed and the City Manager has examined the work and tiled his certiticate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Greyhound Park Depreciation improvement Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 19th day of Ju~y, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Mkihaiski. Motion cared 7-0. RESOLUTION NO. 396-99 FINAL ESTIMATE Whereas, the contract for the Dubuque Greyhound Park & Casino - Parking Lot Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 32 ]. Regular Session, July 19, 1999 Seption 1. That the cost of said improvement ~s hereby determined to be $194,138.64 and the ssid amount shall be paid from the Greyhound Park Depreciation Improvement Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of July, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the ResolulJon. Seconded by Michalsld. Motion carded 7-0. City Manager recommending headngs be held to consider assessing $300.00 cml penalties for violations of improper sale of cigarettes for:. 1st violation - AMOCO Food Shop, 1450 Loras B~vd., Aragon Tap, Bodine's, DRA, IOCO Speede Shoppe at 2150 Twin Valley Dr. Tug Boat Willy's; 2nd violation within 2 years -Angie's, Hartg Drug at 700 Town Clock, KWIK 2360 Central Ave.; 3rd violation within 5 years - Martin Auto Magic., presented and read. Voetberg moved that the communication be recsived and filed and recommendation for headngs approved. Seconded by Michaiski. Motion carded 7-0. City Manager recommending approval of grant contract between City and Division of Criminal & Juven~e Justice Planning in amount of $71,768.00, presented and read. Voetberg moved that the communication be received and filed and approved recommendation. Seconded by Michaisld. Motion carded 7-0. City Manager submitiJng his rankings for importance of Iowa League of Cities legislative priorities and requesting changes from Council if you desire, presented and read. Voetberg moved that the communication be received and filed. Seconded by Michaisld. Motion carded 7-0. RESOLUTION NO, 397-99 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have 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 thllowing named applicants a Beer Permit CLASS 'C" BEER PERMIT Iowa Oil Company IOCO Speede Shoppe #2+(Sunday Sale) 2335 University Ave Iowa Oil Company IOCO Speede Shoppe #3+(Sunday Sale) 1998 Jackson St Passed, approved and adopted this 19th day July, 1999. Terrence M. Duggan, Mayor Attest; Mary A Davis, City Clerk Voetberg moved adop~on of the Resolution. Seconded by Michaiski. Motion carded 7-0. RESOLUTION NO. 398-99 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS 'C"(COMMERCIAL) BEEPJLIQUOR LICENSE City of Dubuque Dubuque Five Flags Center+(Sunday Sale) 405 Main St Tom Koch Paul's Tavern (One Day Outdoor Se~ce) 176 Locust St CLASS BOA/B) WINE PERMIT Mildred M. Dotter Basket Expression 474 Bluff St Passed, approved and adopted this 19th day of July, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Michalski. Motion carded 7-0. BOARDS AND COMMISSIONS: Individuals are invited to address the Council to express their desire to serve on vadous Boards/Commissions. ELECTRICAL CODE BOARD: Applicants -- James Dixon, Kevin Pfohl, Dan Hammel, David Pregler, Troy Coakley and Elaine Reiss. Troy Coakley spoke. Regular Session, July 19, 1999 32? TV CABLE REGU[~,TORY COMMISSION; A~plicant -- Ronald Tigges. No one spoke. Buol moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Robbins. Motion carded 7-0. Proofs of publication certified to by the Publisher on Notice of Headng on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of Eighth Street Reconstruction from Locust Street to Iowa Street and City Manager recommending to award contract for project, presented and read. Buol moved that the proofs and communication be received and tiled, Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 399-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 17th day of June, 1999, plans, specifications, form of contract and estimated cost were tiled with the Cb Clerk of Dubuque, Iowa for the Eighth Street Reconstruction from Locust Street to lows Street. Whereas, notice of headng on plans, spec'r~caflons, form of contract, and estimated cost wss published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 1 gth day of July, 1999. Terrance M. Duggan, Mayor Attest: Ma~y A. Davis, Cb Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 400-99 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE EIGHTH STREET RECONSTRUCTION FROM LOCUST STREET TO IOWA STREET Whereas, the City Council has proposed a Resolution of Necessity for the Eighth Street Reconstruction from Locust Street to Iowa Street, has given notice of the public headng as required by law; and Whereas, the public headng has been held, all persons offedng objections have been heard and consideration given to ali objections and Js pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of NeceesibJ described above is hereby: Adopted, without amendment, and all objections tiled or made having been duly considered are overruled. Passed, adopted and approved this 19th day of July, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, Cb Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 401-99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Eighth Street Reconstruction Project )urauant to Resolution No. 357-99 and notice to bidders published in a newspaper published in the City of Dubuque, lows on the 25th day of June, 1999. Whereas, said sealed proposals were opened and read on the 7th day of July, 1999 and it has been datermned that the bid of Portzen Construction, Inc. of Dubuque, lows, in the amount of $1,052,855.53 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and spec~cations. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the contract for the above improvement be awarded to Portzen Construction, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the Cit7 Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 323 Regular Session, July 19, 1999 19th day of July, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buo[ moved adoption of the resolution. Seconded by Markham. Motion carried 7-0. Proofs of publication cer~ed to by the Publisher on Notice of Headng on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of Bee Branch Storm Sewer Cleaning Project and City Manager recommending to award contract for project, presented and read. Markham moved that the proofs and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 402-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 1st day of July, 1999, amended plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Bee Branch Storm Sewer Cleaning Project. Whereas, notice of headng on amended plans, specifications, form of contract, and estimated cost was published as raquirad by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said amended 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 19th day of July, 1999. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Markham moved adoption of the Resolution. Seconded by N[cholson. Motion carried 7-0. RESOLUTION NO. 403-99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Bee Branch Storm Sewer Cleaning Project pursuant to Resolstuton No. 373- 99 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 8th day of July, 1999. Whereas, said sealed proposals were opened and read on the 14th day of July, 1999, and it has been determined that the bid of Pressure Concrete of Florence, Alabama, in the amount of $313,080.00 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 Pressure Concrete 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 19th day of July, 1999. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Markham moved .adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Proofs of publication cer~ed to by the Publisher on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of Kerper Court Paving & Utif,~ss Project and City Manager recommending to award contract for project, prssented and read. Buol moved that the proofs and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 404-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 30th day of June, 1999, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Kerper Court Paving and Uifiities Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 19th day of July, 1999. ReDu ar Session, July 19, 1999 Terrance. M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 405-99 AWARDING CONTRACT Whereas, ssaled proposals have been submitted by contractors for the Kerper Court Paving and Util~es Project pumuant to Resolution No. 352- 99 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 24th day of June, 1999. Whereas, said sealed proposals were opened and read on the 13th day of July, 1999, and it has been determined that the bid of Tschiggfrie Excavating, Inc. of Dubuque, Iowa, in the amount of $660,315.56 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specificai/ons. NOW THEREFORE, BE IT RESOLVED BY THE CtTY COUNCIL OF THE CI-F? OF DUBUQUE, iOWA: That the contract for the above improvement be awarded to Tschiggfrie Excavating, Inc. and the Manager be and is hereby directed to execute a contract on behaff 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 19th day of July, 1999. Torrance M. Duggan, Mayor Attest MaG'A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. Proofs of publication certified to by the Publisher on Notice of Hearing on Plans & Specs. and Nofice to Bidders on the Receipt of Bids for Construc~on of Heron Pond W~ands Nature Trail Project and City Manager recommending to award contract for project, presented and read. Robbins moved that the proofs and communication be received and flied. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 406-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 25th day of June, 1999, plans, specifications, form of contract and e~mated cost were filed with the City Clerk of Dubuque, Iowa for the Heron Pond Wetlands Nature Trail Project. Whereas, notice of beadng on plans, specifications, form of contract, and esfimated 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 es~mated cost are hereby approved as the plans, specitlcafions, form of contract and estimated cost for said improvements for said project Passed, adopted and approved this 19th day of July, 1999. Torrance M. Duggan, Mayor Attest MaPzA~ Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 407-99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Heron Pond Wetlands Nature Trail Project pursuant to Resolution No. 349- 99 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 25th day of June, 1999. Whereas, said sealed proposals were opened and read on the 13th day of July, 1999 and it has been dsterm ned that the bid of Tschiggfrie Excavating, inc. of Dubuque, iowa, in the amount of $107,704.60 was the lowest bid for the tumishings of all labor and rsatedals and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Tschiggfrie Excava~ng, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the Regular Session, July 19, 1999 bid deposits of the unsuccessful bidders. Passed, approved and adopted this 19th day of July, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nichelson. Motion carded 7-0. Proof of publication ceddfled to by the Publisher on Notice of Public Hearing to consider disposing of real property to Dubuque Racing Association, presented and read. Voetberg moved that the proof be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 408-99 RESOLUTION DISPOSING OF AN INTEREST IN REAL PROPERTY BY AMENDMENT TO LEASE WITH DUBUQUE RACING ASSOCIATION WHEREAS, the CH of Dubuque, iowa (City) leases certain real property in the Ice Harbor to the Dubuque Racing Association (DP, A) as set forth in a Lease Agreement, dated February 28, 1990; AND WHEREAS, City and DRA have from time to amended the Lease Agreement; AND WHEREAS, City and DRA now desire to amend the Lease Agreement as set forth in the attached Seventh Amendment and effecting the property legelly described as follows: Lots 5 and 6 of Ice Harbor Development AND WHEREAS, on July 19, 1999, the City Council pumuant to notice published as required by law held a public hesdng on its intent to dispose of the foregoing interest in real property and overruled all objections thereto; AND WHEREAS, the City Council finds that it is in the best interest of the City to approve the disposition of such real 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, approves the Seventh Amendment to the Lease Agreement between City and DRA, a copy of which amendment is attached hereto, among other things, extending the term of the Lease Agreement from March 31, 2004 to December 31, 2008 and the Mayor is hereby authorized and directed to sign this resolution and the Seventh Amendment. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and the Seventh Amendment to be recorded with the Dubuque County Recorder. Passed, approved and adopted this 19th day of July, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Reselution. Seconded by Nicholson. Motion carded 7-0. Reconsideration of Cate Rezoning Request for property on Highway 20 West. An Ordinance Amending Zoning Map by reclassifying certain property located on Highway 20 West and Cousins Road from County A~I to City C-3 with conditions, current with annexation (Requested by Paul & Jayne Cate), said Ordinance having been presented and read at the Council Meetings of May 17 and June 7, and action reconsidered at meeting held on July 6, now presented for further consideration. (OFFICIAL PUBLICATION) ORDINANCE NO. 6%99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ON HIGHWAY 20 WEST AND COUSINS ROAD FROM DUBUQUE COUNTY A-1 AGRICULTURAL DISTRICT TO CITY OF DUBUQUE C- 3 GENERAL COMMERCIAL DISTRICT WITH CONDITIONS, CONCURRENT WITH ANNEXATION. Whereas, Paul and Jayne Cate, property owners, have requested rezoning concurrent with annexation to the City of Dubuque in accordance with Section 2-3 of Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances; and Whereas, this request has been found to be consistent with the Comprehensive Plan and the Future Land Use Map of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from Dubuque County A-1 Agricultural Regular Session, July 19~ 1999 326 District to City of Dubuque C-3 General Commercial District, to Wit NE 1/4 of SE 1/4 of Section 31; and that podJon of SE 1/4 of SE 1/4 of Section 31 lying southeast of U.S. Highway 20 right-of-way, Township 89 North, Range 2 East of the 5th P.M., and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the Cb of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law, and at such time thai the herein described property is legally annexed into the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of July, 1999. Terrance M. Duggan, Mayor Attest Mary A: Davis, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of July, 1999. MaryA: Davis CMC, City Clerk lt7/15 Voe~erg moved final consideration and passage of the Ordinance. Seconded by Buol. Carried by the following vote: Yeas~Duggan, Budi, Markham, Robbins, Voetberg. Nays~Michaiski, Nichoison. Reconsideration of Stewart Rezoning Request, Submission of additional information on the request by Paul and Jayne Cate and Wayne Stewart to rezone their properties along Cousins Road and Highway 20 from County A-1 Agricultural to City C-3 General Commercial, concurrent with annexation and City Manager recommending to refer the zoning request to the Zoning Advisory Commission for further consider and hearing, presented and read. Voetberg moved that this matter be referred to the Zoning Advisory Commission for further consideration and hearing. Seconded by Michaisld. Motion carried 7-0. Corporation Counsel submitting ordinance establishing maximum fine for misdemeanors, presented and read. Voetberg moved that the communication be received and flied. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending Section 1-8 of the Code of Ordinances establishing the general penalty for the violation of the code by increasing the maximum fine from $100 to $200, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 62-99 AN ORDINANCE AMENDING SECTION 1-8 OF THE CITY OF DUBUQUE CODE OF ORDINANCES ESTABLISHING THE GENERAL PENALTY FOR THE VIOLATION OF THE CODE OF ORDINANCES BY INCREASING THE MAXIMUM FINE FROM $100 TO $200. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Sec. 1-8 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 1-8. General Penalty:. The doing of any act prohibited or declared to be unlawful, an offense or a misdemeanor by this Code or any ordinance or code herein adopted by reference, or the omission or failure to per[orm any act or duty required by this Code or any ordinance or code herein adopted by reference is, unless another penalty is specified, punishable by a fine in a sum not exceeding two hundred dollars ($200.00) or ~mprisonment not to exceed thirty (30) days. Section 2. This Ordinance sha~l take effect upon publication. Passed, approved and adopted this 19th day of Ju~y, 1999. Terrance M. Duggan, Mayor Attest Mary A: Davis, City Clerk Published officially in the Telegraph Herald newspaper this 26th day of July, 1999. Mary.A. Davis CMC, City Clerk It 7/26 Voetberg moved that the ~equirement that a proposed Ord ~ance e considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended Seconded by N cholson. Motion carried 7-0. Voetberg moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. City Manager subm~ng comments regarding the expansion of Fifth St Parldng Ramp, presented and read. Michalski moved that the 327 Regular Session, July 19, 1999 communication be received and tiled. Seconded by Voetherg. Motion carried 7-0. A Resolution Rescinding Resolution No. 146-94 regarding use of revenues generated in Downtown Urban Renewal Tax [ncrament Financing District, presented and read. Buol moved to table action on this Resolution until the Council Meeting of 8-2-99. Seconded by Michaiski. Motion carried 7-0. City Manager requesting authorization to purchase home at 3425 Pennsylvania Ave. under Hazard Mitigation Program, presented and read. Budi moved that the communication be received and tiled. Seconded by Michaisld. Motion carried 7-0. RESOLUTION NO. 409-99 LOCAL MATCH RESOLUTION FOR THE HAZARD MITIGATION GRANT PROGRAM Whereas, the City of Dubuque, County of Dubuque, has made application through Iowa Emergency Management DMsion (EMD) to the Federal Emergency Management Agency (FEMA) for the Hazard Mitigation Grant Program, in the amount of $126,728.00 for the total project, or $95,046.00 as the 75% federal share; and Whereas, the City of Dubuque recognizes the fact that this project that is requested to be funded under the Hazard M~gation Grant Program is a 75% federal/10% state/15% local matching grant; and Whereas, the City of Dubuque shall form an agreement with Iowa EMD and FEMA as to the date that said 15% of local funds shall be available to match the federal funds awarded. The C~ of Dubuque agrees to provide $31,682.00 (thirty one thousand six hundred eighty two do[lam) of local monies to be used as matching funds for this Hazard Mitigation Grant Program project as outlined in the grant application. This resolu~on was passed and approved this 19th day of July, 1999. Terranca M. Duggan, Mayor Attest MaryA. Davis. City Clerk Buol moved adoption of the resolution. Seconded by Michalski. Motion carried 7-0. City Manager requesting submission of a nomination to the Regional Work'force Investment Board, presented and read. Bill Baum spoke to this matter. Michaisld moved that a letter be sent to the local labor organizations. Seconded by Buol. Motion carried 7-0. Discussion on purchase of property from Amedcan Grain & Related Industries. Michalski moved that this be received and tiled and purchase of property fram AGRI be approved. Seconded by Voetberg. Motion carried 7-0. Cable Regulatory Commission requesting worksession with City Council be scheduled in September, presented and read. Michaiski moved that a worksession be scheduled for September 20. Seconded by Markham. Motion carried 7-0. Zoning Advisory Commission advising of their approval to rezone property at 1561 Jackson Street from R-2A to OR District to permit a rooming and boarding house (Requested by St. Mary's Church Corp./Sister Helen Huewe), presented and read. Voetberg moved that the communicaiton be received and tiled. Seconded by Michaiski. Motion carried 7-0. An Ordinance Amending Zoning Map by reclessif~ng property located at 1561 Jackson Street from R-2A AEernate Two-Family Residential District to OR Office Residential District, presented and read. Voetherg 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. Seconded by Michaiski. Moron carded 7-0. Voetberg moved that a Pub[lc Hearing be held on the proposed Ordinance on the 2nd day of August, 1999 at 7:00 p.m. in the Public Library Auditorium and that the C~ Clerk publish notice in the manner prescdbed by law. Seconded by Michaisk[. Motion carded 7-0. Zoning Advisory Commission advising of their denial to rezone property at 3030 Brunski[l Road from R-1 to OS Distdct (Requested by Patzer Investments, LLC), presented and read. Voetberg moved that the communication be received and tiled and concurred with denial Seconded by Robbins. Motion carried 7-0. C~ty Manager requesting public Reqular Session, July 19~ 1999 328 headng be sat for August 2, 1999 to consider issuance of Urban Renewal Tax Increment Revenue Bonds in amount not to exceed $3,200,000, presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 410-99 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $3,200,000 URBAN RENEWAL TAX INCREMENT REVENUE BONDS OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue Urban Renewal Tax Increment Revenue Bonds to the amount of not to exceed $3,200,000, 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 deecfibed; and . Whereas, before said Urban Renewal Tax Increment Revenue Bonds may be issued pursuant to Section 403.9 of the Code of Iowa, it is necessary that the action hereinafter described be taken and that the Clerk 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 properly owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~on 1. That this Council meet in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa at 7:00 o'clock P.M. on the 2nd day of August, 1999, for the purpose to taking action on the matter of the issuance of not to exceed $3,200,000 Urban Renewal Tax Increment Revenue Bonds, the proceeds of which will be used to provide funds to pay costs of aiding in the planning, undertaking and caring out of urban renewal project activifiss under the authority of Chapter 403 of the Code of Iowa and the Urban Renewal Plan for the Kerper Boulevard Industrial Park Economic Development District, including those costs associated with the funding of an economic development grant to Dubuque-Eagle, LLC, a Nevada limited liability company, pursuant to and under the conditions set forth in that certain Development Agreement dated as of February 15, 1999 by and among the City of Dubuque, Eagle Window & Door, Inc., an Iowa corporation, and Dubuque-Eagle, LLC, in respect of certain minimum improvements to be constructed and jobs to be maintained and created by said pa~ss in the Kerper Boulevard Industrial Park Economic Development Distdct under said Development Agreement. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a no§ce of said mee~ng, in a legal newspaper, 3dnted wholly in the English language, ~ublished at least once weekly, and having general cimulation 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 in the issuance of said obligations. Section 3. The notice of the proposed action to issue said Urban Renewal Tax Increment Revenue Bonds shall be in substsntialiy 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 $3,200,000 URBAN RENEWAL TAX INCREMENT REVENUE BONDS OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on the 2nd day of August, 1999, at 7:00 o'clock P.M., in the Auditorium, Carnegie-Stoat Public Library, Dubuque, Iowa, at which meting the Counca proposes to take additional aGfion for the issuance of not to exceed $3,200,000 Urban Renewal Tax Increment Revenue Bonds in order to 3revide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project ac'dvifies under the authority of Chapter 403 of the Code of Iowa and the Urban Renewal Plan for the Kerper Boulevard Industrial Park Economic Development District, including those costs associated with the funding of an economic development grant to Dubuque-Eagle, LLC, a Nevada limited liabirr[y company, pursuant to and under the concrr~ons set forth in that certain Development Agreement dated as of February 15, 1999 by and among the City of Dubuque, Eagle Window & 329 Regular Session, July 19, 1999 Door, Inc., an Iowa corporation, and Dubuque-Eagle, LLC, in respect of certain minimum improvements to be constructed and jobs to be maintained and created by said padJes in the Kerper Boulevard Industrial Park Economic Development Distdct under said Development Agreement At the above meeting the Council shall receive oral or wdtten objections from any resident or property owner of said City to the above acton. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said Urban Renewal Tax Increment Revenue Bonds or will abandon the proposal to issue said obligations.' This notice is given by order of the Council of Dubuque, iowa, as provided by Section 403.9 of the Code of Iowa. Code Section 403.9 shall govern this meeting and action taken thereat Dated this 19th day of July, 1999. Mary A. Davis, City Clerk of Dubuque, Iowa (End of Notice) Passed and approved this 19th day of July, 1999. Terrance M. Duggan, Mayor Attest MaryA. Davis, City Clerk Voetberg moved adoption of the Resolu~on. Seconded by Buol. Motion carried 7-0. Rhodes (Bud) Isenhart spoke to the Council. There being no further business, Buol moved to adjourn. Seconded by Michalsld. Motion carried 7-0. The meeting adjourned at 8:08 P.M. /s/Mary A. Davis CMC City Clerk Approved. Members City Clerk ~,' 1999 1999