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1999 December Council ProceedingsRegular Session, December 6, 1999 518 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, December 6, 1999 Council met at 7:00 P.M., Public Library Auditorium Present Mayor Duggan, Council Members Buol, Markham, Michalski, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry Undahl. Absent Council Member Nicholson. 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 Father Mark Nemmers, Pastor, Holy Trinity Catholic Church. Rick DicJdnson of the G.D.D.C. and Jerry Koppes, Past President of the Tri- State Human Resources Assn., made a presentation of the "Pinnacle Award", to the City. Brad Parks, Gary Olsen and Mike Kaesbauer made a presentation to the MINUTES SUBMI'~'ED: Billboard Ad Hoc Comm~ee of 11-22; Building Code Board of Appeals of 11-4; Cable Regulatory Commission of 11~10; Cable Teleprogramming of 11-9; Civil SeP~ce Commission of 10-19; Community Development Commission of 1%16; Electrical Code Board of 11- 8; Environmental Stewardship Commission of 11-2; Five Flags Commission of 11-15; Housing Code Appeals Board of 10-19; Human Rights Commission of 10-11; Long Range Advisory Commission of 11-17; Park & Recreation Commission of 11-9; Plumbing Board of 11-9; Zoning Advisory Commission of 11-3; Zoning Board of Adjustment of 11-18, presented and read. Voetberg moved that the minutes be received and tiled. Seconded by Buol. Motion carded 6-0. Financial Director submitting Financial Report for month ending October 31, 1999, presented and read. Voetherg moved that the communication and report be received and filed. Seconded by Buol. Motion carded 6.0. Proofs of Publication on publishing council proceedings for meetings of 10- 25-99 & 11-1-99; Notice of finding of no Significant impact and Notice of Intent to request Release of Funds for certain funds, presented and read. Voetberg moved that the proofs be received and filed. Seconded by Buol. Motion carded 6-0. Pdntad Council Proceedings for month of October, 1999 presented for approval. Voetherg moved that the proceedings be approved as printed. Seconded by Buol. Motion carded 6-0. NOTICES OF CLAIMS/SUITS: Henry Haas in amount of $6.00 for personal injuries; Don Herbst in amount of $894.82 for vehicle damages; Steve & Vicky Mueller for Emily Mueller in amount of $1010.20 for personal injuries; Brad Plummet in est. maximum amt. of $450.00 for vehicle damages, presented and read. Voetberg moved that the claims and suits be moved that the claims and suits be referred to the Legal Staff for inve~gation and report. Seconded by Buol. Motion carried 6-0. Corporation Counsel advising following claims have been referred to Public Entity Risk Se~/icss of Iowa, the agent for the Iowa Commun~es Assurance Pool: Vehicle damages of State Farm Insurance for their insured Glenn Hochberger, Properly damage of Michael J. Kelly, presented and read. Voetberg moved that the communications be received and tiled. Seconded by Buol. Motion carded 6-0. Corporation Counsel recommending seffiement of property damage claim of Larry Hurst, presented and read. Voetberg moved that the communication be received and flied and approved the seffiement recommendafion and direct the Finance Director to issue proper check. Seconded by Buol. Mo~on carded 6-0. Corporation Counsel recommend ng denial of reimbursement of expenses of sewer backup claim of Donald V. Bdmeyer, presented and read. Voetberg moved that the communicafion be received and tiled and approved recommendation of _519 Regular Session, December 6, 1999 denial. Seconded by Buol. Motion carried 6~0. REFUNDS REQUESTED: King of Clubs, $50.00 on unexpired Cigarette License; Zirk's, $211.25 on unexpired liquor license, presented and read. Voetberg moved that the request be received and tiled and approved refunds and Finance Director to issue checks. Seconded by Buol. Motion carded 6-0. City Manager recommending approval of a change in the authorization from the Community and Economic Development Department to the Planning Se~ces Department for a histadc preservation grant submitted in January, presented and read. Voetberg moved that the communication be received and tiled and approved recommendation. Seconded by BuoL Motion carded 6-0. RESOLUTION NO. 650-99 RESOLUTION AMENDING RESOLUTION NO. 25-99 BY CHANGING THE AUTHORIZATION FOR PROJECT MANAGEMENT AND REQUESTS FOR REIMBURSEMENT FOR HRDP HISTORIC PRESERVATION GRANT Whereas, the State Histadcal Society of Iowa has awarded the City of Dubuque a Historic Resource Development Program (HRDP) grant to conduct an architectural and histodc context survey;, and Whereas, the authorization for project management and requests for reimbursement needs to be changed from the Community and Economic Development Department to the Planning Services Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That Resolution No. 25- 99 is hereby amended to name Assistant Planner Mark Noble as the project manager and to authorize Planning Se~ces Manager Laura Carstens to submit requests for reimbursement to the State Historical Society for HRDP funds for HRDP Grant No. 00-007, for an architectural and historic context survey. Passed, approved and adopted this 6th day of December, 1999. Terrance M. Ouggan, Mayor Attest: Mary A, Davis, City Clerk Voetberg moved adoption of the Re~olution. Seconded by Buo[. Motion carded 6-0. City Manager recommending approval of an agreement with Iowa Department of Natural Resources for a $200,000 REAP (Resource Enhancement and Protection) grant, ~resented and read. Voetbsrg moved that the communication be received and filed. Seconded by BuoL Motion carded 6-0. RESOLUTION NO. 651-99 RESOLUTION AUTHORIZING A GRANT AGREEMENT FOR REAP FUNDS FOR RIVERWALK LAND ACQUISITION Whereas, the Iowa Department of Natural Resources has awarded the City of Dubuque a grant of $200,000 in REAP funds for land acquisition for the Riverwalk project, and Whereas, the City of Dubuque has budgeted the local match to construct this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the Mayor hereby is authored to sign a grant agreement with the Iowa Department of Natural Resources for REAP funds for land acquis~on for the Mississippi Riverwalk. Section 2. That the City Manager is hereby authodzed to utilize budgeted Capital Improvement Program funds to ~rovide the local match for construction of this project. Passed, approved and adopted this 6th day of December, 1999~ Terrance M. Duggan, Mayor Attest: Mary A~ Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by BuoL Motion carded 6-0. Iowa Dept of Economic Development expressing appreciation given by City's Housing Services Division-Rehabilitation Deparanent for assistance given dudng a monitodng visit, presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carried 6-0. City Manager recommending acceptance of Landscaping of Dubuque Technology Park, presented Reqular Session~ and read. Voatberg moved that the communicafion be re~:eived and filed and recommendation approved. Seconded by BuoL Motion carded 6-0. RESOLUTION NO. 652-99 ACCEPTING IMPROVEMENT WHEREAS, the contract for the DUBUQUE TECHNOLOGY PARK LANDSCAPING PROJECT has been completed and the City Manager has examined the work and fi~ed his certificate staUng that the same has been completed according to the terms of the contract, plans and spec~cations and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Generat Fund in amount equal to the amount of his contract, less any retained pementage provided for therein. Passed, approved and adopted this 6th day of December, 1999. Terrance M. Duggan, Mayor Attest Ma~/A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carried 6-0. RESOLUTION NO. 653-99 FINAL ESTIMATE WHEREAS, the contract for the DUBUQUE TECHNOLOGY PARK LANDSCAPING PROJECT has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous cosls; NOW, THEREFORE, BE RESOLVED, by the City Council of the C~ of Dubuque, Iowa: Secfion 1. That the cost of said improvement is hereby determined to be $104,395 and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of December, 1999. Terrance M. Duggan, Mayor Attest MaryA. Davis, City Clerk Voatberg moved adoption of the December 6, 1999 520 Resolution. Seconded by Buol. Motion carried 6-0. City Manager recommending headngs be held on December 20, 1999 to assess cml penalties to Tobacco Permit holders. ($300.00- 1st violations to AMOCO, 1215 E. 16th St.; IOCO Speede Shoppe, 1998 Jackson St.; McCarm's IOCO, 690 W. Locust, Oky Doky #6, 1256 Iowa St.; Tony's Place, 1701 Central Ave and 30 suspensions - 2nd violation to AMOCO Food Shop, 1450 Loras Blvd. and Wareco 700 Rhomberg, presented and read. Voetherg moved that they approve setting these for Headng on 12-20-99 at 6:30 P.M. in the Public LibraryAuditodum. Seconded by BuoL Motion carried 6-0. Letter of "Thanks" from Jane Petrek for partnership with Prescott School, 3resented and read. Voetberg moved that the communication be received and filed. Seconded by BuoL Motion carried 6-0. City Manager recommending approval to purchase some new equipment to remove snow from the new brick pavem on 8th Street on Town Clock Plaza at an esfimated cost of $4,800.00, presented and read. Voetherg moved that the communication be received and filed and approve the recommendation. Seconded by BuoL Motion carried 6-0. Iowa League of C~es requesting City Manager serve on the League Po[icy Committee, presented and read. Voetberg moved that the communication be received and tiled and approve the recommendation. Seconded by Buol. Motion carried 6-0. Obie's Enterprise, Inc. d/b/a A-OK Yellow Taxi Cab Co. advising of their rate increase effective December 16, 1999, presented and read. Voetberg moved that the communication be received and flied. Seconded by BuoI. Mofion carried 6-0. Mayor Duggan advising Iowa Department of Transportation that the Council has selected the Southwest Aa'tedal as highest transportation priority for the City, presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carded 6-0. 521 Regular Session, December 6, 1999 _RESOLUTION NO. 654-99 Whereas, applications for Beer Permits have been submitted and flied 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 following named applicants a Beer Permit CLASS "C= BEER PERMIT Iowa Oil Com. IOCO Speede Shoppe # 17+(Sunday Sale) 2150 Twin Valley Dr Molo Oil Com. Big 10 Mart +(Sunday Sale) 9th & Central Ave Rainbo Oil Com. Kwik Stop Food Mart+ (Sunday Sale) 4039 Pennsylvania Rainbo Oil Com. Kwik Stop Food Mart +(Sunday Sale) 1685 J.F.K. Rd Rainbo Oil Com. Kwik Stop Food Mart +(Sunday Sale) 2320 Hwy 61 Passed, approved and adopted this 6th dayof December, 1999. Terrance M. Duggan, Mayor Attest: Mary A Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carded 6-0. RESOLUTION NO. 655-99 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 foliowing named applicants a Liquor License. 'CLASS "B" (HOTEL/MOTEL) LIQUOR LICENSE Design Center Inc. Ju[ien +(Sunday Sale) 200 Main St Kinseth Hotel Corp. Holiday Inn Five Flags +(Sunday Sale) 450 Main St WCB Hotels, IncHoffman House /3100 Club+(Sunday & Outdoor Sale) 3100 Dodge St CLASS "C"(COMMERCIAL) BEER/UQUOR LICENSE Morscco Inc. The Moracco +(Sunday Sale) 1413 Rockdale Rd Pamela Barry Arensdorf Instant Replay+(Sunday Sale) 1602 Central Ave Passed, approved and adopted this 6th day of December, 1999. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carded 6-0. Michalski moved to suspend the rules to allow anyone present to address the Council. Seconded by Buol. Motion carded 6-0. Proof of publication certified to by the publisher on Notice of Public Headng to reclassify property at 12155, 12101, and 12033 Cousins Road from AG to R-1 Distdct (newly annexed area), presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 6-0. An Ordinance Amending Zoning Map by reclassifying property located at 12155, 12101 and 12033 Cousins Road from AG Agticulturai District to R- 1 Single-Family Residential Distdct as an Interim Zoning Classification, with first and second readings given 11-15- 99, now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 105-99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 12155, 12101 AND 12033 COUSINS ROAD FROM AG AGRICULTURAL DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT AS AN INTERIM ZONING CLASSIFICATION. Whereas, the Dubuque Comprehensive Plan designates this area for commercial and industrial development with controlled access and gateway design; and Whereas, the hereinafter described property was included in the City of Re.qu ar Session, December 6, 1999 Dubuque's U.S. Highway 20 Annexation Plan withbut the property Whereas, the City dssires to reclassify the property to an interim zoning designation to avoid making the existing single-family residences on the properbj legaliynon-conforming; and Whereas, the City anticipates that this property will be rezoned in accordance with the Dubuque Comprehensive Plan at some time in the future. 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 AG Agdcuiture~ Distdct to R-1 Single- Family Residential District as an interim zoning class~cation, to wit: Lot 1-2, Lot 2-2, and Lot 3-2, SW 1/4 SE 1/4, Section 31, T89N, R2E, and to the centedine of the adjoining pub c dght-0f-way, ali in the City of Dubuque, Section 2. The foregoing reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publica~on, as provided by law. Passed, approved and adopted this 6th day of December, 1999. Terrence M. Duggan, Mayor Attest: MaryA: Davis, C~y Clerk Published officially in the Te/egraph Hera/d newspaper this 13th day of December, 1999. MaryA: Davis CMC, City Clerk It 12/13 Budi moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carded 6-0. Proof of publication cer~fied to by the publisher on Notice of Public Headng to reclassify property at 14986 Old Highway Road from AG to R-1 Distdct (newly annexed area), presented and read. Robbins moved that the proof be received and /~ed. Seconded by Michalski. Motion carried 6-0. An Ordinance Amending Zoning Map by reclassifying property located at 14986 Old Highway Road from AG 522 'Agricultural Distdct to R-1 Single- Family Residential District, with first and second readings given on 11-15- 99, now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO, 106-99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 14986 OLD HIGHWAY ROAD FROM AG AGRICULTURAL DISTRICT TO R-I SINGLE-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 ::)ubuque Code of Ordinances is rereby amended by reclassifying the lereinafter described property from AG Agricultural District to R-1 Single- Family Residential District, to wit: Lot 1 of Diamond Heights Subdivision and to the centedine of the adjo n ng public right~of-way, all in the City of Dubuque, Iowa. Secton 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 immediateiy upon publication, as provided by law. Passed, approved and adopted this 6th day of December, 1999. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Published officially in the Telegraph Hera/d newspaper this 13th day of December, 1999. MaryA: Davis CMC, City Clerk It 12/13 Robbins moved tinal consideration and passage of the Ordinance. Seconded by MichalskJ. Motion carried 6-0. Proof of publication certified to by the publisher on Notice of Public Hearing to reclassify property West of Northwest Arterial along Highway 20, Westside Court Radford Road and Old H ghway Road (newly annexed area), ~resented and read. Voetberg moved that the proof be received and tiled. Seconded by M[chaisk[. Motion carried .523 Regular Session, December 6, 1999 6-0, An Ordinance Amending Zoning Map by reclassifying property located on U.S. Highway 20 West of the Northwest Arterial, Westside Court, Radford Road and OId Highway Road from AG Agdculturai District to R-1 Single-Family Residential District, R-3 Moderate Density Mu[ti-Family Residential, C-3 General Commercial and CS Commercial Service and Wholesale District, with first and second readings given on 11-15, now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 107-99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ON U.S. HIGHWAY 20 WEST OF THE NORTHWEST ARTERIAL, WESTSIDE COURT, RADFORD ROAD AND OLD HIGHWAY ROAD FROM AG AGRICULTURAL DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT, R-3 MODERATE DENSITY MULTi-FAMILY RESIDENTIAL, C-3 GENERAL COMMERCIAL AND CS COMMERCIAL SERVICE AND WHOLESALE DISTRICTS. 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 as shown in Exhibit A, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa, from AG Agricultural District to R-1 Single- Family Residential District, R-3 Moderate Density Multi-Family Residential, C-3 General Commercial, and CS Commercial Service and Wholesale Districts. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 6th day of December, 1999. Terrance M. Duggan, Mayor Attest: Map/A. Davis, City Clerk Published officialiy in the Telegraph Herald newspaper this 13th day of December, 1999. Mary A. Davis CMC, City Clerk It 12/13 Voetberg moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carded 6-0. An Ordinance Amending Zoning Map by reclassifying property located at 13745 Old Highway Road from AG Agricultural District to PUD Planned Unit Development Distdct with a PR Planned Residential District designation and adopting a Conceptual Development Plan, with conditions, w~h first and second readings given on 11-15, now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 108-99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 13745 OLD HIGHWAY ROAD FROM AG AGRICULTURAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the Dubuque Code of Ordinances be amended by recJass[fying the hereinafter described property from AG Agricultural Distdct to PUD Planned Unit Development Distdct with a PR Planned Residential designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions as stated below, to wit: Lot 2-2, E '.~, NW 1/4, Lot 2-2-1, NW 1/4, NW 1/4 and Lot 2-1, SW 1/4, SW 1/4, Section 29, T89N, R2E, and to the center line of the adjoining public fight- of-way, all in the City of Dubuque, Iowa. Reqular Session, Secfion 2. Pursuant to Iowa Code Section 414.5 (199~), and as an express condition of the reclassification, the undersigned property owner(s) Agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and imposed to sstisf~ the public needs that are caused directly by the zoning reclassification: A. Use Reaulations The following regulations shall apply to all uses made of rand in the above- deecdbed ID Institutional Distdct 1) Principal permitted uses shall be limited to the fdilowing: a) Mobile home park/subdivision b) Single-family dwelling unit 2) Accessory uses shall include any use customarily incidental and subordinate to the principal use it B. Lot and Bulk RemJlatiol]S Development of land in the PUD District shall be regulated as follows: 1) All buildings, structures and activities shall be located in conformance wffh the attached conceptual development plan and all final site development plans to be approved in accordance with the provisions of the PUD District regulations of this ordinance and of Section 3-5.5 of the Zoning Ordinance. 2) Existing lots and mobile homes are grandfathered in terms of lot size and setbacks. C. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1) New finalsite development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance pdor to construction of any new building or structure unless otherwise exempted by Sec~on 4-4. 2) Parking requirements shall be two spaces for each mobile home w~h the existing trailers grandfathered with their current configuration. 3) New subdivision plats and !mprovement plans shall be subm~ed m accordance with Chapter 42 of the City of Dubuque Code of Ordinances. D. eden Soace and Recrestiqr~I Areas Those areas not designated on the conceptual plan for development shall be maintained as open space, as defined by Section 8 of the Zoning December 6, 1999 524 Ordinance by the property owner and/or association. E, Sian ReoulatJons The sign regulations shall be in accordance with the PUD District regulations as established in Section 4- 3.11 of the Zoning Ordinance. F. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the or lessee acknowledges awareness of the conditions authorizing the establishment of the district. G. Reclassification of Subject Property Th~ City of Dubuque, Iowa, may initiate zoning reclassification proceedings to AG Agricultural District in accordance with Section 6 of the Zoning Ordinance if the property owner(s) fail(s) to complete or maintain any of the cond~ons of this ordinance. H. Modifications Any modifications of this Ordinance must be approved by the City Council accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. L Recordin¢~ A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the cond'Cdons accepted as part of this reclassification approval after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Se~on 4. The foregoing amendment shall take effect upon publication as provided by law. Passed, approved and adopted this 6'th day of December, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 108-99 I, Anna Weber, having read the terms and conditions of the foregoing Ordinance No. -99 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 6th day of December, 1999. .525 Regular Session, December 6, 1999 NOT SIGNED AS OF JANUARY 10, 2000.- By; By: Anna Weber 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 passed be suspended and moved final consideration and passage of the Ordinance. Seconded by Michalski. Mofion carried 6-0. Proof of pub[icati0n certified to by the publisher on Notice of Public Hearing to reclass~ property located East of Phase IV Sunny Slope Estates opposite Red Violet Ddve from AG Distdct to R-1 Distdct (QHQ Development/Ken Moore Construction), presented and read. Robbins moved that the proof be received and filed. Seconded by Markham. Motion carried Ken Moore spoke requesting the rezoning. John Jungb!ut spoke in support of the rezoning but objected to the piecemeal development. An Ordinance Amending Zoning Map by reclassif'~ng property located East of Phase IV Sunny Slope Estates opposite of Red Violet Drive from AG Agricultural Distdct to R-1 Single- Family Residential District, with conditions, with first and second readings given on 11-15-99, now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 109-99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED EAST OF PHASE IV SUNNY SLOPE ESTATES OPPOSITE OF RED VIOLET DRIVE FROM AG AGRICULTURAL DISTRICT TO R-I SINGLE-FAMILY RESIDENTIAL DISTRICT, WITH CONDITION. 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 reclassi~ng the hereinafter described property as shown in Exhibit A, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa, from AG Agricultural District to R-1 Single- Family Residential District, with condition. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 6th day of December, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 13th day of December, 1999. Mary A. Davis CMC, Cit7 Clerk It 12/13 Robbins moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carded 6-0. Proofs of publication certitied to by the publisher on Notice of Headng on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of 1999 Downtown Histadcal Neighborhood Ornamental Railing Project and City Manager recommending to award contract for project, presented and read. Voetberg moved that the proofs and communication be received and tiled. Seconded by Buol. Motion carried 6-0. RESOLUTION NO. 656-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 27th day of October, 1999, plans, specificaltons, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the 1999 Downtown Historical Neighborhood Ornamental Railing Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE tT 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, Reqular Session, December 6 1999 specifications, form of contract and estimated cost for said improvements for said project Passed, adopted and approved this 6th day of December, 1999. Terrance M. Duggan, Mayor Attest:. Mary A. Davis, City Clerk Voetberg moved adoption of the Reeclution. Seconded by Suol. Motion carded 6-0. RESOLUTION NO. 657-99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the 1999 Downtown Historical Neighborhood Ornamental Railing Project pursuant to Resolution No. 615- 99 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 5th day of November, 1999. Whereas, said sealed propesals were opened and read on the 24th day of November, 1999 and it has been determined that the bid of Winters Garage & Welding, Inc. of Galena, lifinois, in the amount of $23,588.00 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Winter's Garage & Welding, 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 CH Treasurer is authorized and instructed to tatum the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 6th day of December, 1999. Terrance M. Duggan, Mayor Attest: MaryA~ Davis, City Clerk Voetherg moved adoption of the Resolution. Seconded by Budi. Motion carded 6*0. Proofs of publication certified to by the publisher on Notice of Headng on Plans & Specs. and Notice to Bidders 526 on the Receipt of Bids for Skate Park Equipment Project and City Manager recommending to award contract for project, presented and read. Budi moved that the proof and communication be received and tiled. Seconded by Markham. Motion carded RESOLUTION 658-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 4th day of October, 1999, plans, specifications, form of contract and estimated cost were tiled with the CH Clerk of Dubuque, Iowa for the SKATE PARK EQUIPMENT 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 December, 1999. Terrance M. Duggan, Mayor Attest; Mary A. Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carded 640. RESOLUTION NO. 659-99 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the SKATE PARK EQUIPMENT PROJECT ~ursuant to Resolution No. 567-99, and notice to bidders published in a newspaper published in the City of Dubuque, iowa, on the 15th of October, 1999. WHEREAS, said sealed proposals were opened and read on the 23rd day of November, 1999, and it has been determined that the bid of AMERICAN RAMP COMPANY, in the amount of $98,500 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 527 Regular Session, December 6, 1999 improvement be awarded to AMERICAN RAMP COMPANY, 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 December,. 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carded 6-0. Proofs of publication ce~fied to by the publisher on Notice of Headng on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of 5th Street Ramp Expansion Phase II and City Manager recommending to reject bid received, presented and read. Markham moved that the proofs and communication be received and filed. Seconded by Buol. Motion carded 6-0. RESOLUTION NO. 660-99 RESOLUTION RESCINDING RESOLUTION NO. 610-99 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS FOR EXPANSION OF THE FIFTH STREET RAMP PHASE TWO Whereas, an advertisement for bids for the expansion of the Fifth Street Ramp Phase Two was published on November 5, 1999; and Whereas, the City Council deemed it advisable to reject all bids received and rebid the project at a later date with modifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That Resolution No. 610-99, Preliminary Approval of Plans and Specifications for the expansion of the Fifth Street Ramp Phase Two be rescinded and that the said project be re-bid at a later date. Passed, approved and adopted this 6th day of December, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Markham moved adoption of the Resolution. Seconded by Buol. Motion carried 6-0. Proof of publication certitied to by the publisher on Notice of Headng to provide for issuance of $3,100,000 Urban Renewal Tax Increment Revenue Bonds and City Manager racommend[ng to proceed with proceedings for issuance of bonds, presented and read. Markham moved that the proof and communication be received and filed. Seconded by BuoL Motion carded 6-0. RESOLUTION NO. 661-99 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $3,100,000 URBAN RENEWAL TAX INCREMENT REVENUE BONDS. WHEREAS, pursuant to notice ~ublished as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $3,100,000 Urban Renewal Tax Increment Revenue Bonds for the purpose of paying costs of aiding in the )lanning, undertaking and carrying out of urban renewal project activrdes under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal Diatdct, including but not limited to the construction of additional levels of parking spaces and expansion of the structured parking facility Iocatsd on Iowa Street between Fifth and Sixth Streets, and has considered the extent of objections received from residents or property owners as to said pmpcaed issuance; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of $3,100,000 Urban Renewal Tax Increment Revenue Bonds for the foregoing purpose. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said Urban Renewal Tax Increment Revenue Reqular Session, Bonds, to select a date for the sale thereof, to cause to b~ prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take alt ac~oa necessary to permit the sale of said Urban Renewal Tax Increment Revenue Bonds on a basis favorable to the City and acceptable to the Council. Passed and approved this 6th day of December, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, Cb Clerk Markham moved adoption of the Resolution. Seconded by Buol. Motion carded 6-0. Robbins moved that the rule be reinstated liming the discussion to the Council. Seconded by Michalski. Motion carried 6-0. City Manager recommending to approve an amendment to Development Agreement with Eagle Window & Door Co. and Otto A, LLC; a Resolution Approving and authodzJng execution of an amendment to Development Agreement between City, Eagle Window & Door Co. and Otto A, LLC, including authorization and approval of the Financial Assistance; City Manager recommending authorization to provide for the issuance of $3,200,000 Urban Renewal Tax Increment Revenue Bonds and a Resolution Author[zing and providing for the issuance of $3,200,000 Urban Renewal Tax Increment Revenue Bonds, Taxable Sedes 1999D, and providing for the secudng of such bonds for the purpose of carrying out an Urban Renewal Project in the area of the C~y designated as the Kerper Boulevard Industrial Park Economic Development Dist~ct, presented and read. Michalski moved that action on this ma[ter be recessed to a meeting to be held on 12-7-99 at 5:00 P.M. in City Hall. Seconded by Voetberg. Motion carded 6-0. City Manager submitting Ordinances by adding John Bergfield Recreation Area to Code of Ordinances and providing for the exclusion of prohibYdng dogs, cats and other domestic animals in certain parks, presented and read. Buol moved that the communication be received and tiled. Seconded by Markham. Carded Decernber 6, 1999 528 by the following vote: Yeas---Buol, Markham, Michalski, Robbins, Voetberg. Nays---Duggan. Absent-- Nicholson. An Ordinance Amending Code of Ordinances Chapter 34, by adding to Article IV, Specific Parks, a new Section 34-132 to include John G. Bergfleld Recreation Area and an Ordinance Amending Section 34-54 of Code of Ordinances prohibiting dogs, cats and other domestic animals in parks, however, does not apply to Miller-Riverview Park, Granger Creek Nature Trail and John G. Bergtield Recreation Area, presented and read. Buol moved that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings pdor to the meeting at which they are to be finally ~assed be suspended and further moved final consideration and passage of the Ordinances. Seconded by Markham. Vote on the motion was as follows: Yeas---Buol, Markham, Michalski, Robbins, Voetberg. Nays---Duggan. Absent--Nicholson. MOTION FAILED DUE TO LACK OF 3/4 VOTE. Voetberg moved to amend the Ordinances to remove the phrase "and other domestic animals." Seconded by Michalski. Motion carded 6-0. Voetberg moved that this be considered the tirst reading of the Ordinances. Seconded by BuoL Ca~ed by the following vote: Yeas~Buol, Markham, Michaiski, Robbins, Vostberg. Nays---Duggan. Absent--Nicholson. City Manager recommending approval of final plat for portion of Sunny Slope Estates, presented and read. Robbins moved that the communication be received and flied. Seconded by Buol. Motion carded 6-0. RESOLUTION NO. 662-99 A RESOLUTION APPROVING THE FINAL PLAT OF LOT 4 AND LOT D, BLOCK 11 OF SUNNY SLOPE ESTATES, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been flied with the City Clerk a final plat of Lot 4 and Lot D, Block 11 of Sunny Slope Estates, in the Cb of Dubuque, Iowa; and Whereas, upon said final plat 529 Regular Session, December 6, 1999 appe_am certain public uitity, sanitary sewer and storm sewer easements which the owners by said final plat have dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning AdvisoPj Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed; and Whereas, the City Council concurs in the conditons of approval established by the Zoning Commission and the City Planner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthededicafion ofthe easements for public tYdlites, sanitary sewer, and storm sewer as they appear upon said final plat, be and the same are hereby accepted; and Section 2: That the final plat of Lot 4 and Lot D, Block 11 of Sunny Slope Estates 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, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To install a sanitary sewer main and sewer service lateral into Lot 4, storm sewer and catch basins, and erosion control devices all in accordance with the City of Dubuque standard specifications, ail in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. b. To construct said improvements prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future c. To maintain the public improvements for a period of two (2) years from the date of acceptance of those improvements by the City of Dubuque, iowa, at the sole expense of the owners or future owners. And further provided that said Radford Road Development, as owner of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. Sidewalk installafion shall be the responsibility of the owner abutting the public rights-of-way, including Lots with multiple frontages, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been complated, except as required herein. in sparseiy developed subdivisions, sidewalks on developed Lots will not be required until 50% of the Lots approved by the plat have been developed. AJI vacant lots shall have sidewalks installed upon development of 80% of the Lots approved by the pist. Section 4. That storm water detention facilities shall be a requirement of each site plan submitted to the City for the development by the owner(s) of said lot(s), which responsibility for construction and maintenance shall be that the owner(s) of said lot(s) and extend to all successors, heirs and assigns. The sizing of the detention facilites shall, in addition to detaining the site water, also incorporate and detain the impervious area of the abutting Radford Court in the following propo~ons: Lot 4, 13% and Lot D 60%. Storm water detention facilities shall be designed by a registered civil engineer, and shall be designed to detain the 2, 10 and 100 year storm recurrence intervals to the predeveloped conditon of each lot. Section 5. That the final acceptance of all public improvements shall occur upon certification of the City Engineer that all public improvements have been complated in accordance with the improvement plans and City standard specifications. Section 6. That in the event Radford Road Development shall fail to execute the acceptance and furnish the guarantees provided in Section 2. hereof within 180 days after the date of this Resolution, the provisions hereof Reqular Session, December 6~ ~1999 shall be null and void and the acceptance of the 'dedication and approval the plat shall not Passed, approved and adopted this 6th day of December, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk ACCEPTANCE OF RESOLUTION NO. 662-99 I, the undemigned, Ernest Quade representing Radford Road Development~ having read the terms and conditions of the Resolution No 662-99, and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 7th day of December, 1999. By./s/Ernest Quade Radford Road Development Robbins moved adoption of the Resolution. Seconded by Buol. Motion carried 6-0. City Manager advising of intent to demolish structure at 336 Main St. and to acquire property, presented and read. Markham moved that the communication be received and flied. Seconded by Michalski. Motion carried 6-0. RESOLUTION NO. 663-99 RESOLUTION OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECT TO DEMOLISH A STRUCTURE AT 336 MAIN STREET FOR REDEVELOPMENT AND TO ACQUIRE PROPERTY FOR THE PROJECT WHEREAS, the City Council is considering a public improvement project to demolish a structure at 336 Main Street, Dubuque, Iowa for the purpose of redevelopment; and Whereas, notice of intent to commence the public improvement project was mailed to the property owner at the following address on November 2, 1999: Herb C. KJinkhammer d/b/a Colonial Painting & Decorating 2379 Trygg Drive Dubuque IA 52001 David L. Clemens, Esq. 222 Fischer Building Dubuque lA 52003 Whereas, the Cb Council set a public meeting for the 6~' day of November, 1999, on the consideration 530 J of the City Council's intent to construct said project; and Whereas, on the 6th day of December, 1999, at 7:00 p.m. the City Council held a public meeting for such purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The City Council determines to proceed with the public improvement project to demolish the structure at 336 Main Street for the purpose of redevelopment. Section 2. The City Manager and the Corporation Counsel are hereby authorized and directed to take such actions as may be necessary to the project, including the exercise of eminent domain including acquire the necessary prepedy rights for the project. Passed, adopted and approved this 6~ day of December, 1999. Terrence M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Markham moved adoption of the Resolution. Seconded by Michalski. Motion carded 6-0. City Manager submitting t,,vo Ordinances regarding changes in Traffic Ordinance, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried 6-0. An Ordinance Amending Section 32- 186 of the City Code of Ordinances defining Careless Driving and a new Section 32-73(d) Providing for display of plates, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 110-99 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY ENACTING A NEW SECTION 32-186, DEFINING CARELESS DRMNG, AND A NEW SUBSECTION 32-73{d), DISPLAY OF PLATES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Code of Ordinances of the City of Dubuque, Iowa, is hereby amended by adopting the following new Section 32-186, Careless Driving: Section 32-18R A person commits careless driving if the pemon 531 Regular Session, December 6, 1999 intenti_onaliy operates a motor vehicle on a public road or highway in any one of the following ways: 1. Creates or causes unnecessary tire squealing, skidding, or sliding upon acceleration or stopping. 2. Simulates a temporary race. 3. Causes any wheel or wheels to unnecessarily lose contact with the ground. 4. Causes the vehicle to unnecessarily turn abruptly or sway. Section 2. The Code of Ordinances of the City of Dubuque, Iowa, is hereby amended by adoptng the following new Subsection 32-73(d) Display of Plates: (d) It shall be unlawful to operate a vehicle on a public road or highway without a current validation sticker properly affixed to registration plates specifying the month and year of expiration of the registration plates. Section 3. This Ordinance shall take effect upon publication. Passed, approved and adopted this 6th day of December, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 13th day of December, 1999. MaryA. Davis CMC, Cb Clerk It 12/13 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 6-0. An Ordinance Amending City Code of Ordinances by adding a new Section 5-9 prohibiting possession of open containers of alcoholic beverages in motor vehicles by drivers and a new Section 5-10 prohibiting open containers of alcoholic beverages in motor vehicles by passengers, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. '111-99 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY ENACTING A NEW SECTION 5-9, PROHIBITING POSSESSION OF OPEN CONTAINERS OF ALCOHOUC BEVERAGES IN MOTOR VEHICLES BY DRIVERS, AND A NEW SECTION 5-10, PROHIBITING OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN MOTOR VEHICLES BY PASSENGERS. NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, is hereby amended by adopting the following new Section 5-9, Open Containers in Motor Vehicles-Drivers: Section 5-9 Open containers in motor vehicles-drivers. (a) The driver of a motor vehicle upon a public street shall not possess in the passenger area of the motor vehicle an open or unsealed bottle, can, jar, or other receptacle containing an alcoholic beverage. "Passenger area" means the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accsssib[e to the driver or a passenger while in a seating position, including the glove compartment An open or unsealed receptacle containing an alcoholic beverage may be transported in the trunk of the motor vehicle. An unsesled receptacle containing an alcoholic beverage may be transported behind the last upright seat of the motor vehicle if the motor vehicle does not have a trunk. (b) The scheduled fine for a violation of this Section shall be fifty dollars ($50.00). Section 2. That the Code of Ordinances of the City of Dubuque, Iowa, is hereby amended by adopting the following new Section 5-10, Open Containers in Motor Vehicles- Passengers: Section 5-10 Open containers in motor vehicles-oessenaers. (a) A passenger in a motor vehicle upon a public street shall not possess in the passenger area of the motor vehicle an open or unsealed baffle, can, jar or other receptacle containing an alcoholic beverage. "Passenger area" means the area of a motor vehicle designed to seat the driver and passenger while the motor vehicle is in operation and any area that is readily accessible to the ddver or a passenger while in a seating position, including the glove compartment. An open or unsealed receptacle containing an alcoholic beverage may be transported Regular Session, December 6, 1999 532 in the trunk of the motor vehicle. An unsealed receptacle- containing an alcoholic beverage may be transported behind the last updght seat of the motor vehicle if the motor vehicle does not have a bunk. (b) This section does not app,, to a passenger being transported in a motor vehicle designed, maintained, or used primarily for the transportation of pemons for compensation, or a passenger being transported in the IMng quarters of a motor home, mobile home, travel trailer, or fifth-wheel travel trailer. (c) The scheduled fine for a violation of this section shall be flay dollars (S50.00). Section 3. This Ordinance shall take effect upon publication. Passed, approved and adopted this 6th day of December, 1999. Terranca M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 13th day of December, 1999. Mary A. Davis CMC, City Clerk It 12/13 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at t,,vo Council Meetings pdor to the meeting at which it is to be finaliy passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carded 6-0. City Manager recommending approval on commitment of $280,000 of City funding with a FAA grant for Runway 18/36 Extension Project, presented and read. Voetberg moved that the communication be received and flied and approved recommendation. Seconded by Buol. Motion carded 6-0. City Manager advising of process to be used regarding City/County Board of Health Transition, presented and read. Voetberg moved that the communication be received and filed. Seconded by Robbins. Motion carried 6-0, Communicafions from Prudential Fdedman Rea~, Inc., McDonald (Bluff Street), Taco John's, Paul Hemmer, President]General Manager of KGRR, Grog Maim of Maim Outdoor and Best Western Dubuque Inn requesting 'Billbeard Ordinance remain as is, presented and read. Voetberg moved that the communications be received and tiled. Seconded by Buol. Motion carded 6-0. Communication of David Hartig requesting Council to concur with several revisions cf the Billboard Ad Hoc Committee, presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carded 6-0. Billboard Ad Hoc Committee recommending the City Council form a new Billboard Ad Hoc Comm~ee to look at the billboard regulations, with 2 representatives from the outdoor advertising industry and 2 representatives from Scenic America to serve ex-officio as non-voting resources to the committee, presented and read. Voetberg moved that the communication be received and flied. Seconded by BuoL Motion carried 6-0. Waiter Peterson requesting Council to create a new Commission and Long Range Planning Advisory Commission submitting their recommendations on work by Billboard Ad Hoc Committee, presented and read. Voetberg moved that the communications be received and tiled. Seconded by Buol. Motion carried 6-0. Request to the City from Governor Vilsack to appoint two (2) representatives to Iowa Earth Year 2000, presented and read. Voetberg moved that Gil Spence, Leisure Services Director and Mayor Terry Duggan be appointed with Council Member Nicholson as alternate. Seconded by Buol. Motion carded 6-0. At 8:26 P.M., Voetberg moved that it be resolved to go into Closed Session In accordance with Chapter 21.5 1.0) 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 price the governmental body would have to pay for that property AND (c) To discuss strategy with counsel in matters where litigation is imminent and its disclosure would be likeiy to prejudice or disadvantage the 3osition of the governmental body in this litigation. Seconded by Michalski. Motion carded 6-0. Council reconvened Regular Session at 8:40 P.M. stating Staff had 533 Regular Session, December 6, 1999 been ~iven proper direction. At 8:41 P.M., Voetberg moved that Council recess this meeting to Tuesday, December 7, 1999 at 5:00 P.M. at City Hall, Conference Room B. Seconded by Markham. Motion carded 6-0. Tuesday, December 7, 1999 City Council reconvened Session from December 6, 1999 Council Met at 5:00 P.M. in Conference "B" City Hall Present: Mayor Duggan, Council Membem Buol, Michalski, Robbins, Voetberg, City Manager Michael Van Mi[ligen, Corporation Counsel Barry LindahL Absent: Council Members Nicholson, Markham. City Manager recommending to approve an amendment to Development with Eagle Window and Door Co. and Otto A. LLC, presented and read. Michalski moved that the communication be received and flied. Seconded by Voetberg. Motion carded 5-0. REsOLuTION NO. 664-99 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AMENDMENT TO DEVELOPMENT AGREEMENT BETVVEEN THE CITY OF DUBUQUE, EAGLE WINDOW & DOOR COMPANY AND OTTO A, LLC INCLUDING AUTHORIZATION OF THE FINANCIAL ASSISTANCE DESCRIBED THEREIN. Whereas, this Council, by Resolution No. 81-99 dated February 15, 1999 approved and authorized execution of a Development Agreement with Eagle Window & Door Company (the "Employer") and Dubuque-Eagle, LLC (the "Former Developer''); and Whereas, this Council, by Rssolution No. 609-99 dated November 1, 1999, approved and authorized execution of a Termination and Assignment Agreement whereby the Former Developer assigned its interests in said Development Agreement to Otto A, LLC, a Nevada limited liability company (the "New Developer''); and Whereas, the parties now desire to amend the Development Agreement as set forth in the attached Amendment to Development Agreement so as to, among other things, set a closing date of December 10, 1999 and finalize the I financial prows*ons of the Development Agreement; and Whereas, Iowa Code Chapter 403 (the "Urban Renewal Law") and Chapter 15A authorize cities to provide infrastructure for rehabilitation and reconstruction of blighted areas and economic development areas in furtherance of the objectives of an urban renewal project and to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of said Chapters, and to levy taxes and assessments for such purposes; and Whereas, the Council has determined that the Development Agreement, as so amended, is in the best interests of the City and the residents thereof and that the performance by the City of its obligations thereunder is a public undertaking and purpose and in furtherance of the Urban Renewal Plan and the Urban Renewal Law and, further, that the Development Agreement, as so amended, and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403 and 15A of the Iowa Code taking into account the factors set forth therein. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the performance by the City of its obligations under the Development Agreement, as so amended by the Amendment to Development Agreement, including but not limited to making of a grant to the Developer in connection with the development of Development Property under the terms set forth in the Development Agreement, be and is hereby declared to be a public undertaking and purpose and in furtherance of the Urban Renewal Plan and the Urban Renewal Law and, further, that the Development Agreement, as so amended, and the City's performance thereunder is in furtherance of apprepfiate economic development activities and objectives of the City within the meaning of Chapters 403 and 15A of the Iowa Code, taking into account the factors set forth therein. Section 2. That the attached Amendment to Development Reqular Session, December 6~ ~1999 534 Agreement by and between the City of Dubuque, Iowa, the E~nployer and the New Developer is in the public interest of the citizens of the City of Dubuque and in furtherance of the City's Urban Renewal Plan, and is hereby approved together w~th the following loan agreements included as a par[ thereo~ · Economic Development Loan of $500,000.00 ~ EDA/RLF Loan of $104,000.00 · M108 Obligor Loan of $2~030,000.00 · Public Infrastructure Assistance Program Loan of $692,000.00 (together, the "Loan Agreements"). Section 3. That the documents attached hereto are hereby approved in substantially the forms presented at this meeting, and the Mayor and CH Clerk are authorized to execute and deliver the same on behalf of the City with such changes as shall to them, upon the advice of Corpdrafion Counsel, be necessary or appropriate. Section 4. That the City Manager, upon the advice of the Corporation Counsel, is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all necessary loan documents or certificates and is fuAher authorized to disburse loan funds in accordance with the terms and condi~ons of the executed Loan Agreements. Passed, approved and adopted this 7~ day of December, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Voetberg. Motion carried 5-0. City Manager recommending authorization to provide for the issuance of $3,200,000 Urban Renewal Tax Increment Revenue Bonds, presented and read. Michalski moved that the communication be received and filed. Seconded by Voetberg. Motion carried 5-0. RESOLUTION NO. 665-99 A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $3,200,000 URBAN RENEWAL TAX INCREMENT REVENUE BONDS, TAXABLE SERIES 1999D, OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR THE SECURING OF SUCH BONDS FOR THE PURPOSE OF CARRYING OUT AN URBAN RENEWAL PROJECT IN THE AREA OF THE CITY OF DUBUQUE, IOWA DESIGNATED AS THE KERPER BOULEVARD INDUSTRIAL PARK ECONOMIC DEVELOPMENT DISTRICT WHEREAS, the City Council of the ,C, ity of ,D, ubuque Iowa (the"Cit,/' orthe Issuer' ) did heretofore adopt an Urban : Renewal Plan by Resolution No. 274- 94 of this City Council approved on August 15, 1994 (the "Urban Renewal Plan"), under which plan there is to be carried out urban renewal project activities in an area designated as the Kerper Boulevard Industrial Park Economic Development District (the "Project Area"); and WHEREAS, it is presently estimated that the costs of carrying out the purposes and provisions of the Urban Renewal Plan for the Project Area, including the purpose set forth in Section 3 hereof, exceed $3,200,000, and provisions must now be made by the City to provide for the payment of such costs by the issuance of Bonds; and WHEREAS, the City did, on August 15, 1994, adopt Ordinance No. 43-94, (the "Ordinance"), under which the taxes levied on the taxable property in the Project Area shall be divided, and a special fund created under the authority of Section 403.19(2) of the Code of Iowa, as amended (which special fund is hereinafter referred to as the "Kerper Boulevard Urban Renewal Tax Increment Revenue Fund' or "Revenue Fund") which fund was crea~ed in order to pay the principal of and interest on loans, monies advanced to or indebtedness whether funded, refunded, assumed, or othe~Nise, including bonds issued under the authority of Section 403.9(1) of the Code of Iowa, as amended, incurred by the CH to finance or refinance in whole or in part urban renewal project activ~es undertaken within the Project Area, and pursuant to which Ordinance such Revenue Fund may be irrevocably pledged by the City for the payment of principa and interest on such indebtedness; and WHEREAS, the notice of intention of Issuer to take action for the issuance of not to exceed $3,200,000 Urban Renewal Tax Increment Revenue Bonds has heretofore been duly 3ublished and no objections to such proposed action have been filed and it Is now necessary and advisable that 535 Regular Session, December 6, 1999 provisions be made for the issuance of Bonds to the amount of $3,200,000 pursuant to the provisions of Section 403.9(1) of the Code of Iowa, payable from a posen of the income and proceeds of the Revenue Fund and other funds of the C~ derived from or held in connecfion with the undertaking and caring 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: Sec~on 1. Detin~ons. Tbefollowing terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires othew~4se: "Bonds" or "Bond" shall mean the $3,200,000 Urban Renewal Tax Increment Revenue Bond, Taxable Series 1999D, authored to be issued by this Rssolution; "Clerk" shall mean the City Clerk or such other officer of the successor Governing Body as shall be charged with substantially the same duties and responsibll~es; "Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body;, "Developer" shall mean Otto A. LLC, a Nevada limited liabll~ company; "Development Agraement~' shall mean the Development Agreement dated as of February 15, 1999 by and among the City, the Developer and Eagle Window & Door, Inc. an Iowa corporation, as amended from time to time; "Development ProperS' shall mean that poKdrm of the Project Area conveyed by the City to the Developer under the terms of the Development Agreement, upon which the Developer has covenanted to construct the Minimum Improvements, being legally descflbed as set forth in Exhibit B thereto; "Eagle Window TIF Account" means a separate account within the Kerper Boulevard Urban Renewal Tax Increment Revenue Fund of the City, in which there shall be deposited all Tax Increments received by the City in respect of the Minimum Improvements and the Development Property; "Fiscal Year" shall mean the twelve- month period beginning on Ju~y I of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the Issuer; "Governing Body" shall mean the City Council of the C~, or its successor in function with respect to the operaflon and control of the Project Area; "Independent Auditor" shall mean an independent firm of certified public accountants or the Auditor of State; "Issuer" and "Cit~' shall mean the City of Dubuque, Iowa; "Kerper Boulevard Urban Renewal Tax Increment Revenue Fund" means the special fund of the City created under the authority of Section 403.19(2) of the Code of Iowa and the Ordinance, which fund was created in order to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or othePMse, including bonds or other obligations issued under the authority of Section 403.19 or 403.12 of the Code of Iowa, incurred by the City to finance or refinance in whole or in part projects undertaken pursuant to the Urban Renewal Plan for the Project Area; "Minimum Improvements" shall mean the construction by the Developer on the Development Property of a new manufacturing plant, office floor space and required off- street parking and loading facilities, in accordance with the terms of the Development Agreement; "Original Purchaser" shall mean Dubuque Bank and Trust Company, Dubuque, Iowa, as the purchaser of the Bond from Issuer at the time of its odginal issuance; "Paying Agent" shall be the City Treasurer, or such successor as may be approved by Issuer as provided herein and who shall car,5' out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bond as the same shall become due; "Project Area" shall mean the Kerper Boulevard Industrial Park Economic Development Distdct of the Issuer, as amended from time to time; "Project Fund" or "Construction Account" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds; "Registrar" shall be the City Regular Session, December 6, 1999 536 Treasurer of Dubuque, Iowa, or such successor as may-be approved by Issuer as provided herein and who shall carp/ out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds; "Tax Increments" mean~ the property tax revenues divided and made available to the City for deposit in the Kerper Boulevard Urban Renewal Tax Increment Revenue Fund under the provisions of Section 403.19 of the Cede and the Ordinance; "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same du~es and responsibilFdes with respect to the recording and payment of Se Bonds issued hereunder. Section 2. Authorffv. The Bonds author[zed by this Res~)lution shall be issued pursuant ta Section 403.9 of the Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. Section 3. Authorization, Purpose and ABorowl of R'~lated Bocumenf~. There are hereby authorized to be issued, negotiable, serial, fully registered Urban Renewal Tax Increment Revenue Bonds, Taxable Series 1999D, of the Cb of Dubuque, in the County of Dubuque, State of Iowa, in the aggregate amount of $3,200,000 for the purpose of paying costs of in the planning, undertaking and .cam/lng out of urban renewal project activities 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 associatad with the funding of an economic development grant to Otto A, LLC, a Nevada limited liabli'r[y company, pursuant to and under the condi~ons set forth in that certain Development Agreement dated as of Februa,7 15, 1999, as amended from time to time, by and among the City of Dubuque, Eagle Window & Door, Inc., an Iowa corporation, and Otto A, LLC, in respect of certain minimum improvements to be constructed and jobs to be maintained and created by said par~es in the Kerper Boulevard Industrial Park Economic Development District under said Development Agreement. The Purchase Agreement between the City and the Original Purchaser (the "Purchase Agreement'') and the Advance of Construction Loan Proceeds Agreement among the City, the Developer and the Original Purchaser (the "Disbursement Agreement'') are hereby approved in substantially the forms presented at this meeting, and the Mayor and Cb Clerk are authorized to execute and deliver the same on behalf of the City w~th such changes as shall to them, upon the advice of Corporation Counsel, be necessary or appropriate. On the dates set forth on the Debt Service Schedule attached to the Bond, proceeds of the Bond shall be drawn upon by the Treasurer in the aggregate amount of $2,682,597.24 and thereafter held in the Project Fund until applied to costs of issuance or disbursed to the Developer in accordance with the Disbursement Agreement. As set fodh in the ~ Purchase Agreement, additional 3roceeds of the Bond in the aggregate amount of $301,776.62 shall be drawn upon by the Treasurer on each of June 30, 2000, December 31, 2D00 and June 30, 2001 and deposited in the Sinking Fund established in Sec~on 16 hereof and thereafter applied to the payment of interest on the Bond on said dates. Additional proceeds in the amount of $215,626.14 shall be drawn upon by the Treasurer on June 30, 2001 and deposited in the Reserve Fund established under Sec'don 16 hereof. Section 4. Source of Payment As }rovided and required by Chapter 403 of the Code of Iowa, and Section 403.9, the Bonds and interest thereon shall be payable from and secured solely and only by amounts deposited and held from time to time in the Eagle Window TIF Account of the City. The City hereby covenants and agrees to maintain the Ordinance in force during the term of the Bonds and to apply the Tax Increments collected in respect of the Development Property and the Minimum Improvements located thereon and allocated to the Eagle Window TIF Account to the payment of the principal of and interest on the Bonds. The Bonds shall not be payable in any manner from other Tax Increments co ected in respect of other properties within the Project Area or by general taxation or from any other City funds. 537 Regular Session, December 6, 1999 The Bonds shall not constitute an indebt6dness within the meaning of any statutory debt limitation or restriction and shall not be subject to the provisions of any other law relating to the authorization, issuance or sale of bonds. The Bonds shall recite in substance that they have been issued by the City in connection with an urban renewal project as defined in Chapter 403 of the Code of Iowa, and in any suit, action or proceeding involving the validity or enforceability of any Bond issued hereunder or the security therefor, such Bonds shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned; located and carried out in accordance with the provisions of Chapter 403 of the Code of Iowa. Section 5. Bond Details. Urban Renewal Tax Increment Revenue Bonds of the City in the amount of $3,200,000 shall be ism. md pursuant to the provisions of. Section 403.9 of the Code of Iowa ;for the aforesaid purpose. The Bonds shall be designated "URBAN RENEWAL TAX INCREMENT REVENUE BOND, TAXABLE SERIES 1999D", be dated as of the date of delivery, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on June 30,~-2000 and semiannually thereafter on June 30th and December 31st of each year until maturity at the rate hereinafter provided. Principal of the Bond shall bear interest from the date of disbursement of the proceeds thereof at the rate of 8.8722% per annum until paid, and the Bond shall mature in the principal amounts set forth on the Debt Service Schedule attached to the Bond as Exhibit A and incorporated herein by this reference. As set forth on said Debt Service Schedule, principal shall be payable on December 31, 2001 and semiannually thereafter on June 30th and December 31st of each year in the amounts set forth therein until principal and interest are fully paid, except that the finsi installment of the entre balance of principal and interest, if not sooner paid, shall become due and payable on June 30, 2011. On the date of funding of the Reserve Fund (June 30, 2001), the Debt Service Schedule shall be adjusted by the Original Purchaser to reflect the actual disbursements of the proceeds of the Bond and the principal and interest payments resulting therefrom. Principal matures shall be adjusted to the extent practicable to provide for substantially level psyments of principal and interest in each year. Such revised Exhibit A thereafter shall be deemed to be incorporated herein by reference and made a part hereof and supersede and replace the Debt Se,vice Schedule initially attached to the Bond. The Bond shall be executed by the manual signature of the Mayor and attested by the manual signature of the City Clerk, and impressed with the seal of the City and shall be fully registered as to both principal and interest as )ravided in this Resolution; principal, interest and premium, if any shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bond shall be in the denomination of $5,000 or multiples thereof and shall, at the request of the Odginal Purchaser, be issued inJfia[ty as a single Bond in He principal amount of $3,200,000 and numbered R-1. Section 6. Redemotion. The principal of the Bend may be called for redemption by the Issuer and paid before maturity on any date, from any funds regardless of source, in whole or from time to time in part, by giving thirty days' notice of redemption by registered mail, to the registered owner of the Bond. The terms of redemption shall be par, plus accrued interest to date of call. Section 7. Reoistration of J~glldB; Acoointment of Reoistrac Transfer: Ownership: Delivery; and Cancellation. (a) ~. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registra~on and transfer of ownership of the Bonds, and in no other way. The Treasurer is hereby appointed as Bond Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in A~cte 8 of the Uniform Commercial Code and Section 384.83(5) of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. Regular Session, lb) Transfer. The ownemhip of any Bond may be transferr-ed only upon the Registration Books ~:ept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a bmksr or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. lc) Reaietration of Transferrert Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownemhip. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the lisbility upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancelletioll. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a cer~cate of the December 6, 1999 538 destruction thereof shall be furnished promptly to the Issuer, provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a pedod equal to two years interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. Section 8. Reissuance of Mutilated, Destroyed. Stolen or Lost B~nd.~ In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of tike tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, etoisn or lost, upon tiling with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and ~reof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactopJ indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the 539 Regular Session, December 6, 1999 issuer may incur in connection therewilh. Section 9, Record Dat~, Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. The final payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 10, Execution. Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order ofthe Odginal Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benetit hereunder unless the Registrar shall duly endorse and execute on such Bond a Ce~ticate of Authentication substantially in the form of the Certificate herein set for[h. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 11. Rioht to Name Substitute Pavino Aoent or Reqistrar. Issuer reserves the dght to name a substitute, successor Registrar or Paying Agent upon gMng prompt written notice to each registered Bondholder. 'Section 12. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: Regular Session, December 671999 540' (6) (7) (2) (3) ([) (9) (6) (8) (5) (11)(12)(13) (9a) (I0) (Continued on the back offl~sBond) (Front) (15) Regular Session, December 6, 1999 (to) (Cont/nued) (16) FIGUB.E 2 (Back) The text of the Bonds to be located thereon at the item numbers shown shal[ be as follows: Item 1, figure 1 = "STATE OF IOWA" "COUNTY OF DUBUQUE" "CITY OF DUBUQUE" "URBAN RENEWAL TAX INCREMENT REVENUE BOND" "TAXABLE SERIES 1999D" [TAXABLE FOR FEDERAL INCOME TAX PURPOSES] item 2, figure 1 = Rate: 8.8722% Item 3, figure I = Maturity:. As described herein Item 4, figure 1 = Bond Date: Date of Delivery Item 5, figure 1 = Cusip No.: N/A Item 6, figure 1 = "Registered" Item 7, figure 1 = Certificate No. R-1 Item 8, figure 1 = Principal Amount: $3,200,000 Item 9, figure 1 = The City of Dubuque, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity dates described herein, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). item 10, figure 1 = or registered assigns, the principal sum of (principal amount written out~ THOUSAND DOLLARS in lawful money of the United States of Amedca, only upon presentation and surrender hereof at the office of the City Treasurer, Paying Agent of this issue, or his successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on June 30, 2000, and semiannually thereafter on June 30th and December 31st of each year until matufib/ as hereinafter provided. Principal of this Bond shall bear Re.qular Session, December 6, 1999 54? interest from the date of disbursement of the proceeds hereof at the rate of 8.8722% per annum until paid, and this Bond shall mature in the principal amounts set forth on the Debt Service Schedule attached hereto as Exhibit A and incorporated herein by this reference. As set forth on said Debt Service Schedule, principal shall be payable on December 31, 2001 and semiannually thereafter on June 30th and December 31st of each year in the amounts set forth therein until principal and interest are fully paid, except that the final inatallment of the enfire balance of principal and interest, if not sooner paid, shall become due and payable on June 30, 2011. On the date of funding of the Reserve Fund established under the Resolufion (June 30, 2001}, the Debt Service Schedule shall be adjusted by the Original Purchaser to reflect the actual disbursements of the proceeds of the Bond and the principal and intarest payments resu[fing therefrom. Principal maturities shall be adjusted to the extent pracficable to provide for substantially level payments of principal and interest in each year. Such revised Exhibit A thereafter shall be deemed to be incorporated herein by reference and made a part hereof and supersede and replace the Debt Service Schedule initially attached to the Bond. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th.day of the month next preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. THE ISSUER DOES NOT INTEND OR REPRESENT THAT THE INTEREST ON THIS BOND WILL BE EXCLUDED FROM GROSS INCOME FOR FEDERAL INCOME TAX PURPOSES UNDER SECTION 103 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND THE ISSUER IS NOT OBLIGATED TO TAKE ANY ACTION TO ATTEMPT TO SECURE ANY SUCH EXCLUSION. THE HOLDER OF THIS BOND THEREFORE SHOULD TREAT THE INTEREST THEREON AS BEING SUBJECT TO FEDERAL INCOME TAXATION. This Bond is issued pursuant to the provisions of Section 403.9 of the Code of Iowa, as amended, for the purpose of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project act~[fies 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 Otto A, LLC, a Nevada limited liability company (the "Developer"), pursuant to and under the conditions set forth in that certain Development Agreement dated as of February 15, 1999, as amended from firse to time, by and among the City of Dubuque, Eagle Window & Door, inc., an iowa corporafion, and 'Otto A, LLC, in respect of certain minimum improvements to be constructed and jobs to be maintained and created by said pares in the Kerper Boulevard Industrial Park Economic Devalopment District under said Development Agreement, in conformity to a Resolution of the Counci~ of said Cb duly passed and approved. This Bond is not an indebtedness within the meaning of any statutoPj provisions, or a general obligation of the This Bond may be called for redemption by the Issuer and paid before maturity on any date, from any funds regardless of source, in whole or from time to fime in part, by giving thidy days' notice of redempfion by registered mall to the registered owner of the Bond. The terms of redempfion shall be par, p~us accrued interest to date of call. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by the City Treasurer, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the or, ce of the Registrar, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, prompfiy give notice to registered Bondholders of such change. AJI Bonds shall be negoEable as provided in At,cie 8 of the Uniform Commercial Code and Secfion 384.83(5) of the Code of iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. 543 Regular Session, December 6, 1999 This Bond, as provided in the Bond Resolution of which notice is hereby given and is hereby made a part hereof, is payable from and secured by a pledge of the tax increment revenues collected in respect of the Developer's properties located within the Kerper Boulevard Industrial Park Economic Development District (the "Project Area"), as defined and provided in said Resolution, as referred to and authorized in subsection 2 of Section 403.19 of the Code of iowa, as amended ("incremental taxes"). There has heretofore been established and the City covenants and agrees that it will maintain in force an ordinance providing for the dMsion of incremental taxes within the Project Area and for the establishment of a sinking fund to meet the principal of and interest on this Bond as the same becomes due. This Bond is not payable in any manner from other incremental taxes cefiected in respect of other properties within the Project Area or by general taxation and under no circumstances shall the City be in any manner liable by reason of the failure of sam tax increment revenues to be sufficient for the payment hereof. And it is hereby represented and cer~ed that all acts, condi~ons and things requisite, according to the laws and Constitution of the State of iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law. tN TESTIMONY WHEREOF, said City by its City Council has caused this Bond to be signed by the manual signature of its Mayor and attested by the manual signature of its City Clerk, with the seal of said Cb impressed hereon, and authenticated by the manual signature of an authorized representative of the Registrar, the City Treasurer, Dubuque, Iowa. Item 11, figure 1 Date of authentication: item 12, figure 1 = This is one of the Bonds described in the within mentioned Resolution, as registered by the City Treasurer. CITY TREASURER By:. Registrar Item 13, figure 1 = Registrar Transfer Agent City Treasurer Paying Agent: City Treasurer and Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block] CITY OF DUBUQUE, IOWA By: Mayor's manuel .~ianature Mayor ATTEST: By: city Clerk's manuel sianature City Clerk Item 16, figure 2 =it is certified that the following is a correct and complete copy of the opinion of bond counsel issued as of the date of delivery of the issue of which this Bond is a part. (manual signature} City Clerk [Opinion of Bond Counsel] Item 17, figure 2 = [Assignment Block] Information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto . (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the )remisss. Dated (Pemon(s) executing this Assignment sign(s) here) SIGNATURE ) GUARANTEED) IMPORTANT- READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the cat. cate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that par~cipate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Re.qular Session~ December 6~ 1999 544 Social Security or Tax. Idenfification Number of Transferee(s) Transferee is a(n): Individual* Corporafion Par[nership Trust *if the Bond is to be registered in the names of mul~ple individual ownem, the names of all such owners and one address and social secudty number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with dght of survivorship and not as tenants in IA UNIF TRANS MIN ACT - .......... Custodian .......... (Cust) (Minor) under Iowa Uniform Transfers to Minors Act. ............... (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST. Section 13..E.g.g.~b~LJ~. The timely payment of principal of and interest on the Bonds shall be secured equally and ratably by the Tax Increments collected and a]locatad to the Eagle Window TIF Account without priority by reason of number or time of sale or delivePy; and the Tax Increments collected and a[locsted to the Eagle Window TIF Account are hereby irrevocably pledged to the timely payment of both principal and interest as the same become due. Secton 14. Aonlicsfion ~f Bonrf Proceeds. Preceeds of the Bond shall be drawn upon and applied as described in Section 3 hereof. Subject 'to the limitations contained in Code Section 403.9(1) any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bond at any time that other funds of the Project shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunk'y. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resoluiton. Any excess proceeds remaining on hand shall be paid into the Reserve Fund. Section 15. Ta~ [~W. After its adoption, a copy of this Resolution shall be filed in the office of the County Aud'~r of Dubuque County to evidence the pledging of a portion of the Kerper Boulevard Urban Renewal Tax Increment Revenue Fund and the portion of taxes to be paid into the Eagle Window TIF Account and, pursuant to the direct[on of Section 403.19 of the Code of Iowa, the Auditor shall thereafter allocate the taxes in accordance therewith and in accordance with the Ordinance referred to in the preamble hereof. It is hereby certified that the annual amount of Tax Increments to be collected pursuant to Secton 403.19(2) of the Code of Iowa shall be not less than the annual requirement for principal and interest, as follows: Amount of Principal Fiscal Year (July 1 to June 30) and Interest Year of Collecton $364,374 2000/2001 489,286 2001/2002 489,286 2002/2003 489,286 2003/2004 489,286 2004/2005 489,286 2005/2006 489,286 2006/2007 489,286 2007/2008 489,286 2008/2009 489,286 2009/2010 489,286 2010/2011 Section 16. Aoolic'~tion of RevenueS. From and after the delivery of the Bond, and as long as the Bond shall be outstanding and unpaid either as to principal or as to interest, or until the Bond shall have been discharged and satisfied in the manner provided in this Resolution, the Tax Increments collected in respect of the Development Property and the Minimum Improvements located thereon shall be deposited as collected in the Eagle Window TIF Account and shall be disbursed only as follows: (a) Sinkino Fund. There is hereby established and shall be maintained a special fund within the Eagle window TIF Account from which interest and principal on the Bond will be paid. The fund shall be known as the Eagle Window Principal and Interest Fund (the "Sinking Fund"). The amount to be deposited in the Sinking Fund in any year shall be an amount equal to the interest and principal coming due on 545 Regular Session, December 6, 1999 such Bond during the fiscal year. Mone~' shall be first deposited into the Interest Account of the Sinking Fund to an amount equal to the interest failing due in each fiscal year. Money shall next be deposited into the Principal Account of the Sinldng Fund to an amount equal to the principal falling due in each fiscal year. Money in the Sinldng Fund shall be used solely for the purpose of paying principal of and interest on the Bond, as the same shall become due and payable. lb} Reserve Fund. There is hereby established and shall be maintained from and after June 30, 2001 a debt service reserve fund within the Eagle Window TIF Account in the amount of at least $215,626.14. Such fund shall be known as the Eagle Window Reserve Fund (the "Reserve Fund"). Whenever the amount on deposit in the Reserve Fund shall be not less than the minimum required above, no further deposits need be made into the Reserve Fund except to maintain said fund at such level. Money in the Reserve Fund shall be used solely for the purpose of paying principal at maturity of or interest on the Bonds whenever there shall be insufficient amounts on deposit in the Sinking Fund for such purpose. Whenever it shall become necessary to so use money in the Reserve Fund, the Issuer shall make payments from any other sums that may then be held in the Eagle Window TIF Account until it shall have been restored to the required minimum amount. lc) Surplus Revenue. All revenues thereafter remaining in the Eagle Window TIF Account shall be deposited to remedy any deficiency in any of the funds created by this Resolution, or may be used to pay or reimburse the Issuer for other loans, moneys advanced to or indebtedness incurred to finance or refinance in whole or in part the project of the Developer, as permitted by law, or may be used to pay or redeem the Bonds or for any other tawful purpose. Moneys on hand in the Project Fund and all of the funds provided by this Section may be invested only in direst obligations of the United States Government or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation ("FDIC") and the deposits in which are insured thereby and all such deposits exceeding the maximum amount i insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value. Alternatively, such moneys may be invested in tax- exempt bonds or obligations of any state or pol~cal subdivision thereof which are rated by Moody's Investors Service or Standard & Poor's Corporation at a rating classification equal to or better than the rating carried by the Bonds or, in the case of short-term obligations, a rating of MIG- 1, S&P-1 or better. Alt such interim investments shall mature before the date on which the moneys are required for the purposes for which said fund was created or otherwise as herein provided but in no event maturing in more than three years in the case of the Reserve Fund. The provisions of this Section shall not be construed to require the Issuer to maintain separate bank accounts for the funds created by this Section; except the Sinking Fund and the Reserve Fund shall be maintained in a separate account but may be invested in conjunction with other funds of the C~ but designated as a trust fund on the books and records of the City. All income derived from such investments shall be deposited in the Eagle Window T1F Account and shall be regarded as revenues thereof. Such investments shall at any fime necessary be liquidated and the proceeds thereof applied to the purpose for which the respective fund was created. Section 17. Covenants Reoardino the Ooeration of the Project Area. The issuer hereby covenants and agrees with each and every holder of the Bonds: (a) Maintenance in Force. The Issuer will maintain the Urban Renewal Plan and the Ordinance in force and will cause the incremental taxes from the Development Property and Minimum improvements to be levied annually in an amount not less than the principal and interest falling due within the year, and applied as provided in this Resolution, unless the Bonds are paid or sufficient provision for their payment is made. Provided, however, that to the extent that amounts are on hand and are sufficient to meet the payments required to be made and to Repular Session, December 6, 1999 546 maintain a sufficient balance in each fund as required by this Resolution, the Issuer may abate the levy of incremental taxes in any year. (b) Accountino and Audlt.~ The Issuer will cause to be kept proper books and accounts adapted to the Project Area and in accordance with generally accepted accounting practices, and will cause the books and accounts to be audited annually not later than 180 days after the end of each tiscal year by an Independent Auditor and will provide copies of the audit report to the Original Purchaser upon request. The Odginal Pumhaser and holdem of any of the Bonds shall have at ail reasonable times the right to inspect the Issuer's records, accounts and data of the Issuer relating to the Revenue Fund or the Eagle Window TIF Account. (c) State l~W~. The issuer will faithfully and punctually perform all duties with reference to the Urban Renewal Plan required by the Constitution and laws of the State of Iowa, and will segregate the revenues of the Project Area and apply said revenues to the funds as specified in thks Resolution. Id) Amendments. The Issuer reserves the right to amend the Urban Renewal Plan for the Project Area and the Ordinance in its lawful discretion; provided, that in no event shall obligations resulting from an amendment or merger thereof have any priority over the Bond. Section 18. Remedies of Bondholders. Except as herein expressly limited the holder or holders of the Bonds shall have and possess all the rights of action and remedies afforded by the common law, the Constitution and statutes of the State of iowa, and of the United States of America, for the enforcement of payment of their Bonds and interest thereon, and of the pledge of the revenues made hereunder, and of all covenants of the Issuer hereunder. Section 19. No Prior Lien or Parity Bonds. The Issuer will issue no other bonds or obligations of any Idnd or nature payable from or enjoying a lien or claim on the property or revenues of the Eagle Window TIF Account having priority over the Bond or standing on a parity therewith with respect to the lien and claim of such additional obligations to the revenues thereof and the money on deposit in the funds created in this Resolution, without the written consent of the Original Purchaser or other registered holder of the Bond. Section 20. Discharge and Satiefacton of 13ond~ The covenants, liens and p~edges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Bond in any one or more of the following ways: Ia) By paying the Bond when the same shall become due and payable (b) By depositing in trust with the Treasurer, or with a corporate trustee designated by the governing body for the payment of said obligations and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to retire at maturity, or by redemption prior to maturity on a designated date upon which said obligations may be redeemed, all of such obligations outstanding at the time, together with the interest thereon to maturity or to the designated redemption date, premiums thereon, if any that may be payable on the redemption of the same; provided that proper notice of redemption of all such obligations to be redeemed shall have been previously published or provisions shall have been made for such pubJication. Upon such payment or deposit of money or securities, or both, in the amount and manner provded by this Section, all liability of the Issuer with respect to the Bonds shall cease, determine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or secures so deposited. Section 21. Resolution e Centred'. The provisions of this Resolution shall constitute a contract between the Issuer and the holder or holders of the Bond, and after the issuance of any of the Bond no change, variation or alteration of any kind in the provisions of this Resolution shall be made in any manner, except as provided in the next succeeding Secton, until such time as all of the Bond, and interest due thereon, shall have been satisfied and discharged as provided in this Resolution. Secton 22. Modification of Resolution. This Resolution may be amended from time to time if such amendment shall have been consented to by holders of not less than two-thirds 547 Regular Session, December 6, 1999 in pdn_cipal amount of the Bonds at any time outstanding (not including in any case any Bonds which may then be held or owned by or for the account of the Issuer, but including such Refunding Bonds as may have been issued for the purpose of refunding any of such Bonds if such Refunding Bonds shall not then be owned by the Issuer); but this Resolution may not be so amended in such manner as to: la) Make any change in the maturity or interest rate of the Bonds, or modify the terms of payment of principal of or interest on the Bonds or any of them or impose any conditions with respect to such payment; lb) Matadaily affectthe dghts of the holders of less than all of the Bonds then outstanding; and lc) Reduce the percentage of the principal amount of Bonds, the consent of the holders of which is required to effect a further amendment. Whenever the Issuer shall propose to amend this Resolution under the provisions of this Section, it shall cause notice of the proposed amendment to be tiled with the Odginal Purchaser or to be mailed by certified mail to any other registered owner of the Bond as shown by the records of the Registrar. Such notice shall set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory Resolution is on tite in the office of the City Clerk. Whenever at any time within one year from the date of the mailing of said notice there shall be tiled with the City Clerk an instrument or instroments executed by the holders of at least two- thirds in aggregate principal amount of the Bonds then outstanding as in this Section defined, which instrument or instruments shall refer to the proposed amendatory Resolution described in said notice and shall specifically consent to and approve the adoption thereof, thereupon, but not otherwise, the governing body of the Issuer may adopt such amendatory Resolution and such Resolution shall become effective and binding upon the holders of all of the Bonds. Any consent given by the holder of a Bond pursuant to the provisions of this Section shall be irrevocable for a pedod of six months from the date of the instrument evidencing such consent and shall be conclusive and binding upon all future holders of the same Bond during such period. Such consent may be revoked at any time after six months from the date of such instrument by the holder who gave such consent or by a successor in title by filing notice of such revocation with the City Clerk. The fact and date of the execution of any instrument under the provisions of this Section may be proved by the certificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgments of deeds within such jurisdiction that the person signing such instrument acknowledged before him the execution thereof, or may be proved by an affidavit of a witness to such execution sworn to before such officer. The amount and numbers of the Bonds held by any person executing such instrument and the date of his holding the same may be proved by an affidavit by such person or by a certificate executed by an officer of a bank or trust company showing that on the date therein mentioned such person had on deposit with such bank or trust company the Bonds described in such certificate. Section 23. Severabi[ity. If any section, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such sectcton, paragraph or provision shall not affect any of the remaining provisions. Section 24. Repeal of Conflicting Ordinances or Resolu§on.~ and Effective Date. Ail other ordinances, r--~-~'olutions and orders, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed; and this Resolution shall be in effect from and after its adoption. Passed and approved this 7"' day of December, 1999. Terrance M. Duggan, Mayor ATTEST: MaryA. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Michaiski. /lotion carried 5-0. There being no further business, ~ichalski moved to adjourn the rmeting. Seconded by Vostberg. Mo'don carried 5-0. The meeting adjourned at 5:25 P.M. Mary A. Davis CMC City Clerk Req ular Session, December 6~ 1999 54fi Approved//~-~ ~.~ , 2000 AdopteZ~'/~, 2000 Council M~mbers A~ special session, December 20, 1999 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS C~ Council, Special Session, Monday, December20, 1999 Council met at 5:00 P.M. for Dinner in the Second Floor Rotunda of the Public Library. Council then met in the Public Library Auditorium at 5:30 P.M. Present: Mayor Duggan, Council Members Buol, Markham, Michalski, Nicholson, Robbins, Voetberg. Staff presented the Streetscape Concepts on Main Street from 5th to 9th Street Mike Koch, Public Works Di[ector, spoke giving the project background and update of recent act~v~es. Tony Zelinskas, of WHKS, spoke gMng a summary of design concepts to date and results of recent stakeholder & public input meetings. Dan LoBianco gave an update on the downtown festivals. Steve Sesterhenn spoke on opening Main Street. John Butler, CEO of Cottingham and Butler, spoke of the approximately 700 downtown employees, mainly women, and asked that Main St. be reopened which would afford a better safety situaaon for employees. Nick Schrup, of American Trust Bank, spoke in favor of opening Eighth St Rick Dickinson, stated that the City's commitment to Cigna required a plaza, rather than opening Main St There being no further business, upon consensus this special mee'dng adjourned at 6:30 p.m. Is~ Mary A. Davis CMC City Clerk Apploved//~ //~ ,2000 Ado pt e d ~'~]-~-~ /'~ ,2000 Council Members A~est: ~ ~ C~ Clerk ~ Regular Session, December 20, 1999 550 DUBUQUE ClTY COUNClL OFFICIAL PROCEEDINGS City Council, Regular Session, December 20, 1999 Council met at 6:30 P.M., Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Markham, Michalski, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry Undahl. 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 Captain Rose Eagle of the Dubuque Salvation Army. MINUTES SUBMITTED: AJrport Commission of 11-30 and 12-14; Building Code Board of Appeals of 12- 2; Cable Regulatory Commission of 12- 8; Cable Teleprogramming of 12-7; Civil Service Commission of 11-17; Community Development Commission of 11-30; Zoning Advisory Commission cf 12-1, presented and read. Voetberg moved that the minutes be received and filed. Seconded by Robbins. Motion carded 7-0. Airport Department submitting their monthly report thru October, 1999, presented and read. Voetberg moved that the report be received and tiled. Seconded by Robbins. Motion carded 7-0. Human Rights Department submitting their 1999 Annual Report, presented and read. Voetberg moved that the report be received and tiled. Seconded by Robbins. Motion carded 7-0. Finance Director submitting financiel report for month ending November, 1999, presented and read. Voetberg moved that the report be received and tiled. Seconded by Rabbies. Motion carried 7-0. Proof of Publication on List of Claims and Summary of Revenues for month ending October, 1999, presented and read. Voetberg moved that the proof be received and flied. Seconded by Robbins. Motion carded 7-0. Proofs of Publication on publishing Council meetings for 11-13 & 11-15-99, ~rasentad and read. Voetberg moved that the proofs be received and flied. Seconded by Robbins. Motion carried 7-0. NOTICES OF CLAIMS/SUITS: Ran Pergande in amount of $387.80 plus da~ storage charges for improper towing and storage; Benjamin M. Yoko (Gregory Yoko, parent) in unknown amount for personal injuries, presented and read. Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Robbins. Motion carried 7-0. Corporation Counsel advising following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Personal injury of Henry Haas; Personal injury of Steve & Vicky Mueller, presented and read. Voetberg moved that the communications be received and tiled. Seconded by Robbins. Motion carded 7-0. Corporation Counsel recommending Set'dement of vehicle damage claim of Don Herbst in amount of 894.82 and Finance Director to issue check, )resented and read. Vostberg moved that the communication be received and tiled and recommendation be approved and Finance Director to issue proper check. Seconded by Robbins. Motion carded 7-0. Corporation Counsel recommending payment of $100.00 as part of Sanitary Sewer Backup Assistance program to Gerald Schissel, presented and read. Voetberg moved that the communication be received and flied and the recommendation be approved and Finance Director to issue proper check. Seconded by Robbins. Motion carded 7-0. REFUNDS REQUESTED -- Pride Service Inc. $50.00 on unexpired Cigarette License, presented and read. Voetberg moved that the refunds be approved and Finance Director to issue proper check. Seconded by Robbins. 55! Regular Session, December 20, 1999 Motion carried 7-0. December 10, 1999 Honorable Mayor and Membem of the Cily Council th accordance with Chapter 400 of the 1999 Code of Iovra, an examination for position of Engineering Assistant II was given. This exam w~as evaluated by the City Staff and tinal scodng approved. We hereby certify that the following inciividual has passed this written 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 Il Jay Gonzalez Respectfully submitted, /s/Mede J. Duehr, Jr. Chairperson ,~ Lores J. K]ue~ner Ci~] Se~ce Commission Voetberg moved that the CMl Se~ce cer~flca~Jon be made a matter of record. Seconded by Robbins. Motion carried 7-0. December 10, 1999 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1999 Code of Iowa, the Service Commission conducted a written examination on November 17, 1999 for the position of Water Plant Operator. We hereby cert~ that the following indMduals have passed this written 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. WATER PLANT OPERATOR Kenneth Gerdes Dadn Wohlers Bdan Schu~ Jeffery Ham Duane Emster John Bach Steven Hatch Jennifer Becket Joseph Gruber Hans Newsom Randy Glover Robert Runde Respectfully submitted, /s/Mede J. Duehr, Jr. Chairperson /s/Lores Kluesner CMl Service Commission Voetberg moved that the Civil Se~ce certJtication be made a matter of record. Seconded by Robbins. Motion carded 7-0. December 10, 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 examination on September 30, 1999 and Physical Agility Test on November 20, 1999 for the position of Firefighter. We hereby certify that the following indMduals have passed these examinations and a vacancy for this position should be made from this list. We further state that this list is good for two (2) years from above odginal date. FIREFIGHTER Kevin Esser Steven Hunt Joseph Schmitt Michael Kuhn Steve Siefker T~a Higbee Robert Klaas Bdan Wuliweber Jeff Sanderfield Dale Dow Brent Pauls Mark Bukovich Tim Martin Dale Rader Robert Guerdet Tine McDermott Nato Wilson Ed Lahey Toby Hancock Randy Schuelier David Grass Daniel Schuster James Herbst Jesse Coulecn Bryan McDonald Kenneth Bentson Morgan Eitter Jerry Wlilard Robert James Jeffrey Doerr Kenneth Henket Kevin Napp Ryan W'~son Amie Wilson Scott Krantz Respectfully submitted, /s/Mede J. Duehr, Jr. Chairperson Is/Lores J. K]uesner Civil Se~ce Commission Voetberg moved that the Civil Service certification be made a matter of record. Seconded by Robbins. Motion carded 7-0. Zoning Advisory Commission advising of their determination that the platting of two additional Iota in Loras Estates Subdivision is not a significant change from the adopted conceptual plan, presented and read. Voetberg moved that the communication be received and tiled. Seconded by Robbins. Motion carded 7-0. City Manager recommending acceptance of sanitary sewer improvements in Usha Park, presented and read. Vostberg moved that the communication be received and tiled. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 666-99 ACCEPTING SANITARY SEWER IMPROVEMENTS Whereas, certain sanitary sewer improvements were installed by Assembly of God Ministers Benefit Association in 1984; and Repular Session, December 20, 1999 552 Whereas, Assembly of God Ministers Benefit Association has offered to dedicate said sanitary sewer to the Cb of Dubuque for its ownership and maintenance; and Whereas, the improvements have been completed and the Cb manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Engineer and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF THE CITY OF DUBUQUE, IOWA: Section I. That the recommend~or of the City manager be approved and that said sanitary sewer improvements in Lot 2 of Assembly of God Place, Lot 1-2-1 of Byme's Subdivision and Lot 14 of Block 17 of MetteI-Bryne's Addition, all in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby accepted. Passed, approved and adopted this 20th day of December, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adopfion of the Resolution. Seconded by Robbins. Motion carded 7-0. City Manager subm~ng informafion on the County Board of Hea~ Transition Planning Process, presented and read. Voetberg moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. City Manager recommending the City enter into an easement agreement with I & M Rail LLC to extend water main across existing easement on Perfecfion Oil property, presented and read. Voetherg moved that the communicafion be received and filed and recommend~on approved. Seconded by Robbins. Motion carded 7-0. City Manager submitting the 1999 Ced~ed Local Government Annual Report, presented and read. Voetberg moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. Sandra Plumley commenting on lack of enforcement on vadous Cb laws, presented and read. Voetberg moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. City Manager recommending the selection of IIW Engineers for design consultant services for the Manson Road Bridge, presented and read. Voetberg moved that the communication be received and tiled and recommendation approved. Seconded by Robbins. Motion carried RESOLUTION NO. 667-99 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 flied proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER PERMIT James Theisen Local 94 UAW +(Sunday Sale) 3450 Central Ave Passed, approved and adopted this 20th day of December, 1999. Terrance M. Duggan, Mayor Attest MaryA Davis, City Clerk Voetberg moved adopfion of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 668-99 Whereas, applications for Liquor Licenses have been subm~ed 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 tiled proper bonds. NOW, THEREFORE, BE iT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authored to cause to be issued the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER/LIQUOR LICENSE L 8, M Wharf Corp. Michael's Bar-X +(Sunday Sale) 2616 Windsor Ave David Hoffman White House 450 W Locust St Regular Session, December 20, 1999 Dubuque Co. Historical Society Ryan House+(Sunday Sale) 1375 Locust St Billy Bucks Inc Billy's Buck East St Tap+(Sunday Sale) 524 E 22nd St Passed, approved and adopted this 20th day of December, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. Micha[ski moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Markham. Motion carded 7-0. Proof of publication certified to by the publisher certified to by the Publisher on Notice of headng to approve disposal of property in Downtown Urban Renewal District to Dubuque Area Chamber of Commerce, City Manager -recommending to proceed with sale Of property and C~ Clerk advising no competing proposals were submitted by the deadline for submission, presented and read. Buol moved that the proof and communica§ons be received and flied. Seconded byVostberg. Motion carried 7-0. Steve Horman spoke requesting the sale to go through. John Allen, Architect, spoke of the specific design of the building. Rhodes"Bud" Isenhart, questioned specifics of the proposed building. RESOLUTION NO. 669-99 A RESOLUTION DETERMINING THAT THE PROPOSAL OF THE DUBUQUE AREA CHAMBER OF COMMERCE IS IN COMPLIANCE WITH THE TERMS OF OFFERING FOR DISPOSITION OF LOT 9 AND LOT 10 ORIGINAL TOWN IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. Whereas, this Council, by Resolution No. 648- 99 dated November 15, 1999, nominated the City Clerk as agent of the City of Dubuque, Iowa, to receive and open on December 20, 1999, at 10:00 a.m. proposals in competition to the proposal of the Dubuque Area Chamber of Commerce, referred to in said resolufion for the sale of Lot 9 and Lot 10 Original Town for development only in accordance with the terms and conditions set forth in said resolution; and Whereas, the City Clerk has reported to this Council that no qualified, competing proposal was submitted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OFTHE CITY OF DUBUQUE, IOWA: Section 1. That the report of the City Clerk that no qualified competing proposal was submitted by 10:00 a.m. on December 20, 1999, for the development of Lot 9 and Lot 10 Original Town be received, tiled and adopted. Section 2. That if is hereby determined that the proposal of Dubuque Area Chamber of Commerce for development of said property is the only proposal which satisfies the terms and conditions of the offering set forth in Resolution No. 648-99 adopted by this Council on November 15, 1999. Passed, approved and adopted this 20a day of December, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Voetberg. Motion carried 7-0. RESOLUTION NO. 670-99 RESOLUTION ACCEPTING THE PROPOSAL FOR SALE AND PRIVATE DEVELOPMENT OF LOT 9 AND LOT 10 ORIGINAL TOWN IN THE CITY OF DUBUQUE, IOWA, APPROVING AGREEMENT FOR SAME, AND AUTHORIZING ACTIONS TO IMPLEMENT SAID AGREEMENT INCLUDING EXECUTION AND DELIVERY OF DEED. Whereas, this Council, by Resolution No. 648-99 dated November 15, 1999: 1. Adopted terms and conditions for offering for sale Lot 9 and 10 Original Town in the City of Dubuque, Iowa, for sale and pdvate development; 2. Determined that the proposal submitted by the Dubuque Area Chamber of Commerce satisfies the requirements of said offering; 3. Declared its intent to accept the Dubuque Area Chamber of Commerce proposal and to enter into a Development Agreement by and between the City of Dubuque and Dubuque Area Chamber of Commerce in the event no other qualified proposals were timely submitted for development of said property;, and 4. Invited competing proposals which met the terms and conditions of said offedng to be submitted to the City Clerk on or before 10:00 a.m., Reqular Session, December 20, 1999; and; Whereas, on November 18, 1999, the text of said Resalution was published as the official notice of this offering and of the intent of the City of Dubuque, Iowa, in the event no other qualified proposals were timely subm~ed, to enter into a Development Agreement by and between the City of Dubuque and Dubuque Area Chambe of Commerce; and Whereas, by separate Resolution of this date, this Council has received and approved as its own the report of the City Clerk that no other qualified proposal was received; and Whereas, it is the determination of this Counc~ that acceptance of the proposal and sale to and development of the disposition parcel by Dubuque Area Chamber of Commerce, according to the terms and conditions set out in the attached is in the public interest of the citizens of the City, and is consistent with the City's Urban Renewal Plan for the Downtown Dubuque Urban Renewal Distdct NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Development Agreement by and between the City of Dubuque and Dubuque Area Chamber of Commerce is in the public interest of the cYdzens of the City of Dubuque and in furtherance of the City's Urban Renewal Plan, and is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute said Agreement on behalf of the City and the Cb Clerk is authorized and directed to attest to his signature. Section 3. That the Mayor and City Clerk are hereby authodzed and directed to execute a Special Warranty Deed for said property on behalf of the City of Dubuque as provided in said Agreement Section 4. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Agreement as herein approved, including the delivery of the Special Warranty Deed. Passed, approved and adopted this 20~' day of December, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Voetberg. Motion carded 7-0. Proofs of publication cert~ed to by the publisher on Notice of Headng on December 20, 1999 556 Plans & Specs. and Notice to B dders on the Receipt of Bids for Construction of Highway 20 Landscape Design Package #1 and City Manager recommending to reject all bids and rebid project, presented and read. BuoJ moved that the proof and communication be received and flied. Seconded by Robbins. Motion carded RESOLUTION NO. 671-99 RESOLUTION RESCINDING RESOLUTION 644-99 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS FOR HIGHWAY 20 LANDSCAPE'DESIGN BID PACKAGE #1 WHEREAS, an advedJsement for bids for the Highway 20 Landscape Design Bid Package #1 was published on November 19, 1999; and WHEREAS, the City Council deemed it advisable to reject all bids received and re-bid the project at a later date with modifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C~TY OF DUBUQUE, IOWA: That Resolution Nc. 644-99, Preliminary Approval of Plans and Specifications for the Highway 20 Landscape Design Bid Package #1 be rescinded and t~at the said project be re-bid at a later date. Passed, approved and adopted this 20th day of December, 1999. Termnce M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buol moved adoption of the rssolution. Seconded by Robbins. Motion carded 7-0. BuoJ moved to reinstate the rules to limit the discussion to Council. Seconded by Robbins. Motion carded 7-0. Headngs on assessing civil penalty of $300 against tobacco permit holders for first violation; AMOCO Auto/Truck Plaza, 1215 E. 16th St.; IOCO Speede Shoppe, 1998 Jackson St.; McCann's IOCO, 690 W. Locust St.; Oky Doky ~, 1256 Iowa St.; Tony's Place, 1707 Central Ave., presented and read. Voetherg moved that the penalties for approved. Seconded by MichalskJ. Motion carried 7-0. Tom Thompson of Ok,/Dok3, spoke stating they are t~ng hard to train their employees correc~y. The Manager of Wareco spoke requesting that they not be given the .555 Regular Session, December 20, 1999 suspension. Thi,'ty day suspension for second violation within two years: AMOCO Food Shop, 1450 Loras BE, dj and Wareco, 700 Rhomberg, presented and read. Voetberg moved that the thirty day suspensions be approved. Seconded by Michsiski. Motion carried 7-0. An Ordinance Amending Code of Ordinances Chapter 34, by adding to Article IV, Specific Parks, a new Section 34-132 to include John G. Bergfeld Recreation Area, with first reading only given on 12-6-99, now presented for further action. Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final adoption of the Ordinance. Seconded by BuoL Vote on the motion was as follows: Yeas--Buol, Markham, Robbins, Voetherg. Nays--Duggan, Michalski, Nicholson. MOTION FAILED DUE TO LACK OF 3/4 VOTE. Voetberg moved that this be considered the second reading only of the Ordinance: Seconded by Buol. Vote on the motion was as follows: Yeas--Buol, Markham, Robbins, Voetberg. Nays--Duggan, MichalskJ, Nicholson. An Ordinance Amending Section 34- 54 of Code of Ordinances prohibiting dogs, cats and other domestic animals in parks, however, does not apply to Miller-Riverview Park, Granger Creek Nature Trail and John G. Bergfsid Recreation Area, with first reading only given on 12-6-99, now presented for further a~on. Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final adoption of the Ordinance. Seconded by Buol. Vote on the motion was as follows: Yeas--Buol, Markham, Robbins, Vostberg. Nays---Duggan, Michalski, Nicholeon. MOTION FAILED DUE TO LACK OF 3/4 VOTE. Voetberg moved that this be considered the second reading only of the Ordinance. Seconded by Buol. Vote on the motion was as follows: Yeas--Buol, Markham, Robbins, Voetberg. Nays---Duggan, Michalski, Nicholson. City Manager recommending approval for Dubuque Rescue Mission to construct an awning at 398 Main Street, presented and read. Voetberg moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Authoring the Dubuque Rescue Mission to construct a projecting awning sign at 398 Main St, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 112-99 AN ORDINANCE AUTHORIZING THE DUBUQUE RESCUE MISSION TO CONSTRUCT A PROJECTING AWNING SIGN NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Dubuque Rescue Mission as the owner of the premises known as 398 Main Street, Dubuque, Iowa, and legsily described as N 44.3' of C.L. 12 be and they are hereby granted the revocable permit and authority to construct and maintain a projecting awning sign under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be dona in accordance ~ plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direc~on of the City Manager, and in accordance with all applicable st'ate and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on perm~ees' agreement to: a. Assume any and ali liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said awning sign; and b. Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and c. Pay on behsif of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said awning sign sustained by any person or persons, caused by accident or otherwise to Re.qu ar Session, December 20, 1999 defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of awning sign and to pay reasonable attorney fees therefore; 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 result of or Jn connection with the location, installation, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressh~ upon permlttees' further agreement that should the dght and privilege herein granted be rescinded or revoked by the City Council, permlttees, or their successors in interest, as owners of the abut~ng property, shall within ten (10) days after receipt of written notice from the C~ Manager, so to do, at their own expense, remove said awning sign and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said awning sign at perm~ees' expense and dispose of the same, and the permlttee shall have no claim against the City or its agents for damages resulting from the removal of said awning sign. Section 5. That permlttees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, constru~on, repair or maintenance of said facility and said permlttees 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 arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein perm~ed. Section 6. This Ordinance shal~ become effective and the rights hereunder accrue to the Dubuque Rescue Mission 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 authorized and directed to tile at permlttees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Passed, approved end adopted this 20th day of December, 1999. Terrance M. Duggan, Mayor Attest MaB/A. Davis, City Clerk ACCEPTANCE OF ORDINANCE NO.112-99 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 112-99, hereby, for themsaives, their successors or assigns, as ownem of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by ~ermlttees. By:./si Murray A. Phillips The Dubuque Rescue Mission T'r~e: Executive Director Dated: December 6, 1999 Published officially in the Telegraph Herald newspaper this 30th day of December, 1999. Mary A. Davis CMC, City Clerk It 12/30 Voetberg 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 be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. City Manager recommending apprevai of final plat of Sosthem Hills Subdivision, presented and read. Robbins moved that the communication be received and tiled. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 672-99 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 21-29, INCLUSIVE, AND LOT D OF SOUTHERN HILLS SUBDIVISION AS COMPRISED OF LOT C OF SOUTHERN HILLS SUBDIVISION Whereas, There has been tiled with ~he City Clerk a final plat of Lots 21-29, and Lot D of Southern Hills as comprised of Lot C of Southern Hills Subdivision. Whereas, upon said tinai plat appear street(s) to be known as Haid Re Circle and Apri Lynne Court;, and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon, with the waiver of 557 Regular Session, December 20, 1999 Article IV, Design and Improvement Standards of the Subdivision Regulations, except for Section 42-19; and Whereas, said final plat has been reviewed by the City Planner and had her approval endomed thereon, and Whereas, said final pist has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of Lots 21-29, inclusive, and Lot D of Southern Hills subdMsion as comprised of Lot C of Southern Hills SubdMsion in Dubuque County, lows, is hereby approved and the Mayor and City Council are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat Se~on 2. That the City Council hereby waives Article IV, Design and Improvement Standards, except for Section 42-19, Lots and Blocks, of the City Subdivision Regulations. Passed, approved and adopted this 20th day of December, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. Long Range Planning Commission requesting Council approval to proceed with public hearing process for their proposed amendment to the zoning ordinance, presented and read. Gordie Mills, Chair of the Long Range Planning Commission, spoke in favor of the amendment. Buol moved that the communication be received and flied and request approved. Seconded by Markham. Vote on the motion was as follows: Yeas--None. Nays--Buo[, Duggan, Markham, Mishaiski, Nichoison, Robbins, Voetberg. MOTION FAILED. City Manager recommending approval of the selection of the consultant team of History Pays! to be retained to conduct the historic preservation survey for the City, presented and read. Voatberg moved to receive and file and approve the recommendation. Seconded by Buol. Carried by the following vote: Yeas---Buol, Markham, Mkihaiski, Nicholson, Voetberg. Nays---Duggan, Robbins. City Manager submit'ring an ordinance providing for parking restrictions on Harrison St, presented and read. Buol moved that the communication be received and filed. Seconded by Michaiski. Motion carried An Ordinance Amending Section 32- 26(D) of the Code of Ordinances prohibiting Parking on Portions of Harrison Street, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 113-99 AN ORDINANCE AMENDING SECTION 32-262 (D) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF ADDING CERTAIN PORTIONS OF HARRISON STREET NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, lows, be amended by deleting from Subsection (d) of Section 32-262 the following: Harrison Street, west side, from Railroad Avenue to its northerly terminus. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding to Subsection (d) of Section 32-262 the following: Harrison Street, both sides, from Railroad Avenue to its northerly terminus. Passed, approved and adopted this 20th day of December, 1999. Terrance M. Duggan, Mayor Attest MaryA. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 30th day of December, 1999. MaryA. Davis CMC, Cb Clerk It 12/30 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michaisld. Motion carried 7-0. City Manager submitting the Amended and Restated Fiscal Year 2000 Annual Action Plan for Reqular Session~ December 20, 1999 Community Development Block Grant Funds, presented and-read. Robbins moved that the communication be received and flied. Seconded by Vostberg. Motion carried 7-0. RESOLUTION NO. 673-99 RESOLUTION APPROVING AN AMENDED AND RESTATED FISCAL YEAR 2000 ( PROGRAM YEAR 1999) ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Whereas, the City of Dubuque prepared and flied Annual Action F for Fiscal Years 1999 and 2000; and Whereas, the City of Dubuque now desires to amend said Annual Plans by incorporating them into one amendec and restated plan as per the attached Exhibit A: and Whereas, said amendment is a substantial amendment as provided in the City's CitiZen PadJcipation Plan an( must therefore be approved by resolution of the City Council alter a public hearing by the Community Development AcMsory Commission; and Whereas, the City advedJsed a public comment period beginning November 3, 1999; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment at a public hearing on December 7, 1999, and has voted to approve said amendment and to recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Annual Action Plans for Fiscal Years 1999 and 2000 are hereby rescinded and the balance of funds from these plans are incorporated into an amended and restated Fiscal Year 2000 (Program Year 1999) Annual Action Plan hereto attached as Exhibit A. Section 2. That said Amended and Restated Fiscal Year 2000 ( Program Year 2000) Annual Action Plan hereto attached as Exhibit A is hereby approved. Section 3. That the City Manager is hereby authorized and directed to submit a copy of this resolution to the U. S. Department of Housing and Urban Development. Passed, approved and adopted this 20r~ day of December, 1999. Terrance M. Duggan, Mayor Attest: Mar/A. Davis, City Clerk Robbins moved adoption of the 558 Resolution. Seconded by Voetberg. Motion carried 7-0. Historic Preservation Commission requesting Counci to Affirm or Reverse the r decision regarding appeal of Tim Wood and Vicki Bechen, B&W PrepedJes regarding installation of vinyl siding at 623-627 Arlington St. or refer the matter back to the Commission for further action as may be appropriate 3resentad and read. Michalsk moved that the communication be received and flied and matter referred back to the Histodc Preservation Commission. Seconded by Robbins. Motion carried 7-0. City Manager recommending approval of amendment to Eagle Window & Door Project Development Agreement, presented and read. Voetherg moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 674-99 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, EAGLE WINDOW & DOOR COMPANY, AND OTTO A. LLC INCLUDING AUTHORIZATION OF THE FINANCIAL ASSISTANCE DESCRIBED THEREIN Whereas, the Council, by Resolution No. 81-99, dated February 15, 1999, approved and authorized execution of a Development Agreement with Eagle Window & Door Company (the 'Employer') and Dubuque-Eagle, LLC (the "Former Developer"); and VVhereas, this Counc~, by Resolution No. 81-99, dated February 15, 1999, approved and authorized execution of an amendment which extended the closing date to December 10, 1999; and Whereas, the parties now desire to further amend the Development Agreement as set forth in the attached Amendment to Development Agreement so as to, among other things, set a closing date of February 15, 2000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 2 ol' the da date of December 10, 1999, 559 Regular Session, December 20, 1999 and such references to the closing date otherwise contained in the Development Agreement are hereby amended to provide that the dosing date shall be February 15, 2000. Section 2. That the Mayor is hereby authorized and directed to execute this Amendment No. 2 to Development Agreement on behalf of the City and the Cb Clerk is authorized and directed to attest to his signature. Passed, approved and adopted this 20~ day of December, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nisholson. Motion carried 7-0. Zoning Advisory Commission advising of their approval to reclassify property southeast of Seippel Rd. and Old Highway Rd. from AG to R-l, as requested by James and Doris Graf, presented and read. Michalski moved that the communication be received and tiled. Seconded by Markham. Motion carried 7-0. An Ordinance Amending Zoning Map by reclassifying property Southeast of Seippel Road and Old Highway Road from AG Agricultural District to R-1 Single-Family Residential District, presented and read. Michaiski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 17th day of January, 2000 at 6:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. Zoning Advisory Commission advising of their approval to reclassify property at 2702 Brunsk[]l Road from R-1 to PUD Development with PR Designation for Oak Meadows Condominiums, as requested by Jim Stock/Robert & Mary Lou Mulgrew, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Carried by the following vote: Yeas--Buol, Duggan, Markham, Nichoison, Robbins, Voetberg. Nays--Mishaiski. An Ordinance Amending Zoning Map by reclassifying properly at 2702 Brunskili Road from R-1 Single-Family Residential District to PUD Planned Unit Development Distdct with a PR Planned Residential District Designation and adopting an Amended Conceptual Development Plan with Cond~ons, for Oak Meadows Condominiums, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved that a Public Headng be held on the proposed Ordinance on the 17th day of January, 2000 at 6:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner i prescdbed by law. Seconded by Markham. Vote on the motion was as follows: Yeae---Buol, Duggan, Markham, Nichoison, Robbins, Voetberg. Nays--Michalsld. City Manager requesting public hearing be held on January 17, 2000 to consider proposed lease to Nextel WIP Lease Corp. for a Telecommunication Antenna Facility on the Pennsylvania Ave. Water Tank, presented and read. Robbins moved that the communication be received and tiled and request approved. Seconded by Buol. Motion carried 7-0. City Manager submitting documents providing for construction of Highway 20 Landscape Design Bid Package )resented and read. Robbins moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 675-99 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the HIGHWAY 20 LANDSCAPE DESIGN PACKAGE #1, in the estimated amount of $550,000, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 20th day of December, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Budi. Motion carried 7-0. Re(Jular Session, December 20, 1999 560 RESOLUTION NO. 676-99 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 file in the office of the City Clerk for public inspection of the HIGHWAY 20 LANDSCAPE DESIGN BID PACKAGE #1 PROJECT. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 7th day of February, 2000, a public hearing will be held at 6:30 p.m. in the Public Library Auditarium, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general 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 plans, specifications, contract, or estimated cost of the improvement Passed, approved and adopted this 20th day of December, 1999. Terrance M. Duggan, Mayor Attest Mary A: Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 677-99 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the HIGHWAY 20 LANDSCAPE DESIGN BID PACKAGE #1 PROJECT is hereby ordered to be adver~sed 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 City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 25th day of January, 2000. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 7th day of February, 2000. Passed, approved and adopted this 20th day of December, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. City Manager submitting documents providing for construction of Caffish Creek Lift Station Pump Replacement Project, presented and read. Robbins moved that the communication be received and flied. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 678-99 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, iOWA: That the proposed plans, specifications, form of contract and estimated cost for the CATFISH CREEK PUMP REPLACEMENT, in the estimated amount of $196,000 are hereby approved and ordered tiled in the office of the City Clerk, for public inspection. Passed, approved and adopted this 20th of December, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Buol. Motion carried 7~0. RESOLUTION NO. 679-99 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 contrast and placed same on tile in the office of the City Clerk for public inspection of the CATFISH CREEK PUMP REPLACEMENT. NOW, THEREFORE, BE IS RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 7th day of February, 2000 a ~ublic headng will be held at 6:30 p.m. in the Public Ubrary Auditorium, at which time interested persons may appear and be heard for or against the Regular Session, December 20, 1999 proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days pdor to the day fixed for ~ consideration. At the hearing, any interested person may appear and tile objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 20th day of December, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 680-99 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the project titled CATFISH CREEK PUMP REPLACEMENT is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advedJse for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be Jess than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 25th day of January, 2000. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final a~on at 6:30 p.m. on the 7th day of February, 2000. Passed, approved and adopted this 20th day of December, 1999. Terrance M. Duggan, Mayor Attest:. MaryA. Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. City Manager submitting documents providing for construction of Elm Street Sanitary Sewer Reconstruction, presented and read. Markham moved that the communication be received and tiled. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 681-99 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Elm Street Sanitary Sewer Reconstruction Project, in the estimated amount of $120,579.39, are hereby approved and ordered tiled in the office of the City Clerk for public inspection. Passed, adopted and approved this 20th day of December, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Markham moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 682-99 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 file in the office of the City Clerk for public inspeccton of the Elm Street Sanitsry Sewer Reconstruction Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 17th day of January, 2000, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general 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 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 20th day of December, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Reqular Session~ December 20, 1999 562 Markham moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 683-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Elm Street Sanitary Sewer Reconstruction Project is hereby ordered to be adver~sed for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which sha]l conform to the provisions of the notice to bidders hereby approved as a part of the plans and spec'r~cations heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 11th day of January, 2000. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final acfion at 6:30 p.m. on the 17th day of January, 2000. Passed, adopted and approved this 20th day of December, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Markham moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. City Manager recommending approval of Subordination Agreement with Cottingham and Butler insurance Service, Inc., presented and read. Voetberg moved that the communica~on be received and flied. Seconded by Micha[ski. Motion carried 7-0. RESOLUTION NO. 684-99 RESOLUTION DECLARING THE INTENT OF THE CITY OF DUBUQUE, IOW/~ TO SUBORDINATE A MORTGAGE INTEREST IN CERTAIN REAL ESTATE Whereas, Security Partners executed and delivered a Real Estate Mortgage to the City of Dubuque, Iowa ('City"), filed November 16, 1998, as Instrument No. 18110-98, in connection with Downtown Rehabilitation Loan No. 3-98 from City;, and Whereas, City Lot 29, City Lot 30 and the south 1/3 of City Lot 31 in Original Town, City of Dubuque, Dubuque County, Iowa, are the real estate parcels described in said Mortgage; and Whereas, City, Cottingham and Butler Insurance Services, Inc. ("Butler") and the Iowa Department of Economic Development ("IDED") entered into a Community Economic Betterment Account (CEBA) Loan Agreement No. 99-CEBA-25; and . Whereas, a requirement of said CEBA loan agreement is that City subordinate its Mortgage intereat in the real estate to !DED's interest; and Whereas, the City Council has determined that the execution of a subordination agreement with IDED regarding the above-described real estate mortgage is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That it is the intent of the City Council to execute a subordination agreement with the lo,va Department of Economic Development with regard to the above-described Mortgage on the following described real estate located in the Cb of Dubuque, Iowa: City Lot 29, City Lot 30, and the south 1/'3 of City Lot 31 in Odginal Town, City of Dubuque, Dubuque County, Iowa. Section 2. That the City Clerk is hereby directed to give notice in the manner required by law of a public hearing to be held on January 17, 2000, at 6:30 P.M. in the Auditorium of the Carnegie-Stout Public Library, at which time and place all interested parties will be given opportunity to be heard for or against the proposal to dispose of the real estate interests herein described. Passed, adopted and approved this 20th day of December, 1999. Terrance M. Duggan, Mayor AFl'EST: Mary A. Davis, City Clerk Voatberg moved adoption of the Resolution and set this matter for Public Headng on January 17, 2000 at 6:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by MichalskJ. Motion carded 7-0. At 8:07 P.M., Micha[ski moved to go into Closed Session in accordance with Chapter 21.5 1.(c) State Code of Iowa, 1999 as amended, To discuss strategy with counsel in matters that are presently in litigation and (c) To discuss 563 ?Renu ar Session, December 2g, 1999 strategy with couns~el in matters where I~gatibn :is imminen~ ~d its disclesure would '~e likely . to. prejudice or disa~r~ge the~ [~'~sit~on of~':.the governmental bo~ in this li~ga~o~ and 0) To.~iscuss the purchase of pa~cular real b~tate where premature discl6sure could, be reasonab~ expecte~ to incr~se;the pdce the governmental bod? Would have to pay fore.at prope~. Seconded by Nicholson. Mo~on carried 7-0. At 9:42 Council reconvened R~ular Session ~th s~tement th~ Staff had been given proper direc~on. There being no ~er bu~ess, Michalski moved to adjourn:~'' the mee~ng. Seconded by BuoL carded 7-0. The mee~ng adjou~d at 9:43 P.M. /~ Ma~ A. Da~s CMC, C~ Clerk Approved ' ~ ~2~0 Adored ~ ' D(.'