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Council Proceed Nov 2000Special Session, November 6, 2000 413 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council Special Session, November 6, 2000 CouncJt met for Dinner at 5:00 P.M. in the Library Rotunda Council met in Special Session at 5:30 P.M. in the Library Auditorium Present: Mayor Pro-Tern Markham, Council Members Buol, C~ine, Michals~d, Nichelson, R0bbins, CH Manager Michael Van MBigen, Corporation Counsel Bar~ UndahL Absent: Mayor Duggan. Mayor Pro-Tem Markham read the call and stated this is a special session of the CH Council called for the purpose of providing an update on the papedess agenda process and to act upon such business which may prope~ come before the Council. Direcf~on was provided by Chds Kohlman, Information Se~ces Manager and Jeanne Schneider, City Clerk on the usage of their laptap.~ computers, the CD ROMs which~''' provide access to the Council meeQng agendas, and the ability to access the suppo~ng documents via icons and other means. Discussion ensued and Upon consensus the meeting adjourned at 6:25 P.M. /s/Jeanne F. Schneider City CIerk Approv/~Z'. '/'~, 2001 Adopte~d./~-4C'f--.~/~..~ , 20J~'3 Council M&mbers ~est - , . Clerk 414 Regular Session, November 6, 2000 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, November 6, 2000 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Pro-Tern Markham, Council Members Buol, Cline, Michalst<i, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counset Barry Lindahl. Absent: Mayor Duggan. M'~yor Pro-Tern Markham read the call and stated this is the regular session of the'City Counc~ called for the purpose of acting upon such business which may propedy come before the City Council. invocation was given by Reverend Matthew Harris, Pastor of The Bddge Christian Church. Proclamations: Youth Appreciation Month, received by Morning Optimists President Wayne Zumhof and Noon Optimists Vice Pres. Dr. J. P. Quinlan; Hospice Month received by Kim Link. Minutes Submitted: Airport Commission of 10/23; Civil Service Commission of 10F3 and 10/19; Downtown Planning Committee of 9/11; En~ronmental Stewardship Advisory Commission of 10/3; Five Flags Commission of 10/16; Histodc Preservation Commission of 10/19; Housing Code Appeals Board of 6/15; Housing Commission of 10/10; Human Rights Commission of' 10/11; Park and Recreation Commission of 10/10; Transit Board of 9/14, presented and read, Buol moved that the minutes be received and tiled. Seconded by Nicholson. Motion carded 6-0. Proof of Publication of Council Proceedings for 10/2 and 10/4; Substance Abuse Services Center Quarterly Report; Quarterly Investment Report; and Carnegie Stout Library Fiscal Year 2000 Annual Report, presented and read. Buol moved that the proofs and reports be received and filed, Seconded by Nichclson. Motion carded 6-0. Printed Council Proceedings for month of September, 2000, presented and read. Buol moved that the proceedings be approved as pdnted. Seconded by Nicholson. Motion carded 6-0. Notice of Claims/Suits: Shirley E]liott in estimated amount of $227.00 for 3ersona[ injuries; Marlin Jorgensen in estimated amount of $20.00 for property damage; Linda Lucey in estimated amount of $255.88 for vehicle damage; Phil Meyer in undetermined amount for property damage; Dorothea Tschiggfde in estimated amount of $977,72 for property damage, presented and read: Buol moved that the claims and suits be referred to the Legal Staff for investigation and repo~ Seconded by Nicholson. Motion carried Corporation Counsel advising the following claims have been referred to Public Entity Risk Services of iowa, the agent for the Iowa Communities Assurance Pool: Hi]lcrest Association for property damage; Betty Loeffe~hotz for property damage; Mark Puccio for reimbursement of medical expenses; TenTl Stewart for vehicle damage; Angola Woolf for vehicle damage, )resented and read. Buol moved that the communications be received and tiled and concurred with the recommendations. Seconded by I N cho son. Motion carded Corporation Counsel recommending ~ settlement of the vehicle damage claim of Linda Lucey in the amount of !$255.88 and the property damage I claim of Marlin Jorgensen in the amount of $20.00 and that the Finance Director be directed to issue payment, presented and read. Buol moved that the communication be received and filed and concurred with the recommendation. Seconded by Nicholson. Motion carried 6-0. Cit~.en Communications: Howard W. Kiauer and John P. Klauer expressing their appreciation to Gii Spenca, Leisure Services Manager, for the removal of dead trees along the dght- of-way of Dexter Street; Mr. and Mrs. Myron Cole regarding parking problems in the ailey between Nevada Street and Alpine Street, presented and read. Buol moved that the communications be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried Reqular Session, November 6, 2000 415 City Manager recommending acceptance of the Five Flags Center Arena Seat Replacement Project, presented and read. Buo[ moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 6-0. RESOLUTION'NO. 513-00 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Five Flags Center Arena Seat Replacement Project has been completed and the City Manager has examined the work and filed his ceCdficate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe recommenda§on of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Fiscal Year 2001 appropriations in the amount of $166,155 in General Funds, in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Attest. Jeanne F. Schneider, Cb Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 514-00 FINAL ESTIMATE WHEREAS, the contract for the Five Flags Center Arena Seat Replacement 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 ali miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said improvement is hereby determined to be $166,155 and the said amount shaII be paid from Fiscal Year 2001 General Fund appropdations of the City of Dubuque, iowa. Passed, approved and adopted this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion cardad 6-0. Section 8 Housing Vouchers: City Manager recommending approval of an application to the US Department of Housing and Urban Development for add~onal Section 8 Program housing vouchers, presented and read. Buol moved that the communication be received and filed. Seconded by NichoJson. Mo~Jon carried 6-0. RESOLUTION NO. 615-00 A RESOLUTION AUTHOPJZlNG THE MAYOR TO EXECUTE AN APPLICATION TO THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR ADDITIONAL SECTION 8 PROGRAM HOUSING VOUCHERS; AND TO EXECUTE A STANDARD AMENDED ANNUAL CONTRIBUTIONS CONTRACT FOR THE ADDITIONAL FUNDS Whereas, the City of Dubuque has been offered an opportunity to administer additional Housing Vouchers made available due to an owner's opt-out of a project-based contract; and Whereas, the addition of these vouchers to the portfolio currently administered by the Housing Services Department will result in the ability of the current project tenants to remain in >lace and to increase annual administrative revenues to the City. Now, Therefore, be it Resolved by the City Council of the City of Dubuque, Section 1. The Mayor is authorized and directed to execute an application and resulting standard amended annual contributions contract to the US Department of Housing and Urban Development for additional housing Section 2. The City Manager is hereby authorized and directed to lo.yard said application and resulting annual contributions contract to the US Department of Housing and Urban Development. Passed, approved and adopted this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Application for Local Housing Regular Session, November 6, 2000 Assistance Program (LHAP) Funds: City Manager recommending approval of an application to the Iowa Department of Economic Development for Local Housing Assistance Program funds for a pilot program promoting Iow-income homeownership, presented aad read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 516-00 A RESOLUTION AUTHORIZING AN APPLICATION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT ' FOR LOCAL HOUSING ASSISTANCE PROGRAM FUNDS ' Whereas, the Iowa Department of Economic Development has published notice of availabil~ of funds under the Local Housing Assistance Program (LHAP); and Whereas, the Department of Economic Development is encouraging municipai~es to promote housing assistance programs which ~ddress unmet needs and complement planned programs of economic development; and Whereas, the Consolidated Plan for the City of Dubuque includes the objectives of promoting homeownership opportunities for Iow- and moderate-income households~ elimination of slum and blight and public and private investment in revitalization of downtown neighborhoods; and Whereas, the Housing Trust Fund Committee and Housing Commission have reviewed the proposed application for construction of affordable new condominium homes for Iow-income households. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. The Mayor is hereby authorized to execute this resoiution in support of an application to the Iowa Department of Economic Development for Local Housing Assistance Program funds. Section 2. This resolution shall take effect immediately. Passed, approved and adopted this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carded 6-0. Acceptance of Deeds from Plastic Center, Inc.: Corporation Counsel recommending acceptance of the Warranty Deed and Correction Warranty Deed from Plastic Center, Inc., presented and read. Buol moved that the communication be received and filed. Seconded by Nichctsan. Motion carried 6-0. RESOLUTION NO. 517-00 ACCEPTING THE DEEDS TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM PLASTIC CENTER, INC. Whereas, the City of Dubuque entered into an Agreement with P~astic Centerl Inc., a New York corporation, for the purchase of real property in Dubuque County, Iowa, described in the attached Warranty Deed and Correction Warranty Deed; And Whereas, the terms of the Agreement have now been met. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The City of Dubuque hereby accepts the Warranty Deed and Correction Warranty Deed from Plastic Center, Inc., copies of which ara attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution with the Dubuque County Recorder. Passed, approved and adopted this 6th day of November, 2000. John H. Markham, Mayor Pre-Tern Attest: Jeanne F. Schneider, City C~erk Buol moved adoption of the Resolution. Seconded by N[cholson. Motion carried 6-0. Hazard Mitigation Planning Grant Contracts: East Central Inter- governmental Association submitting a Hazard Mitigation Planning Grant Contract between the City, EClA and Iowa Emergency Management and an Administration Contract between the City and EClA, presented and read. Buol moved that the communication be received and filed and approve contracts. Seconded by Nicholson. Motion carried 6.0. Department of Housing and Urban Development: communication advising that the City's application to the Lead- Based Paint Hazard Control Grant Program was not approved; communication advising that no objections to the City's Fiscal Year Reqular Session, NoV~et B, 2000 417 2000 Community Development Block Grant Program had been received; and communication advising that their review of the City's Community Development Block Grant Program for 1999 was satistacto~7, presented and read. Buol moved that the communications be received and tiled. Seconded by Nicholson. Motion carded 6-0. tawa Department of Natural Resources: The Iowa Department of Natural Resources submitting the Industrial Pretreatment Compliance Inspection report for the Water Pollution Control Plant, presented and read. Buol moved that the communication be received and tiled. Seconded by Nicho~son. Motion carded 6*0. ~ Notice of Expiration of Righ~ of Redemption: County Treasurer advising cf the Notice of Expiration of Right of Redemption for property described as Lot 1 of Lot 1 of the Subdivision of Mineral Lot 251A and part of Mineral Lot 250; and Lot I of Lot I of Mineral Lot 501 in the City of Dubuque, presented and read. Buol moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 6-0. Dubuque Area Labor-Management Council: Dubuque Area Labor- Management Council requesting a letter of support for their grant application from the U.S, Department of Labor to conduct a Workforce Development Community Audit in the Dubuque area, presented and read. Buel moved that the communication be received and tiled and approved letter of support. Seconded by Nicholson, Motion carded 6-0. Supplement ~7 Code of Ordinances: City Manager recommending adoption of Supplement #47 to the Code of Ordinances of the City of Dubuque, presented and read. Buol moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 6-0, RESOLUTION NO. 518-00 ADOPTING SUPPLEMENT NO. 47 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of July 17, 1989, the City Council,, pursuant to Ordinance No. 34-89, readopted the Code of Ordinances of the City of Dubuque, ordinances adopted Iowa for up to and including December I9, 1988; and Whereas, since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been pdnted as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Ordinances provMes that supplements by resolution, become part of the Code of Ordinances. NOW THEREFORE BE Fl' RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 47 of the Code of Ordinances of the City cf Dubuque, Iowa, covedng Ordinances through Ordinance No. 72-00 enacted through September 5, 2000 and prepared by the Steding Coditiers, Inc, Weiser, ID hereto tiled in the Office of the City Clerk of the City of Dubuque, Iowa be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Passed, approved and adopted this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolu~on.. Seconded by Nicholson. Motion carded 6-0. Disposition of Buettel[ Brothers Building at 82%845 Central Avenue: Histodc Preservation Commission requesting that the City Council work with the Dubuque County Board of Supervisors to preserve the Buettell Brothers Building at 821-845 Central Avenue if the Law Enforcement Center is expanded to this area, presented and read. Michalski moved that the communication be received and filed and Staff directed to schedule meeting with Board of Supervisors and Histodc Preservation Commission members. Seconded by Nicholson. Motion carded 6-0. Iowa League of Cities: Communication from the Iowa League of Cities requesting that the City Manager serve on the League Policy Committee, presented and read. Buo[ moved that the communication be received and tiled and concurred with the recommendation. Seconded by Nicholson. Motion carded 6-0. Water Service - Lock and Dam No. 41 P; Regular Session, November 6, 2000 11: City Manager recommending approval of a Contract Agreement with the Army Corp of Engineers to provide water service to Lock and Dam No. 11, presented and read. Buol moved that the communication be received and flied and concurred with the recommendation. Seconded by Niche[son. Motion carried 6-0. Endch Iowa Grant: Tom Moran, Library Director, advising that the Library has once again qualified for an Enrich Io~*~a Grant and requssting that this add~onal revenue amount be included in the next budget amendment, presented and read. Buol moved that the communica~on be received and filed. Seconded by Nicholson; Motion carried 6-0. Vacation/Purchase of Allison Place: City Manager advising that Finley Hospital has exercised their option to purchase Allison Place and that process is now complete, presented and read. Buol moved that. the cemmunicatJon be received and filed. Seconded by Nicholson. Motion carried 6-0. October 19, 2000 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1999 Code of Iowa, an examination for the position of Parking Meter Checker was given on September 26, 2000. We hereby certify that the following indMduais have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. PARKING METER CHECKER Donald F. Hoppmann Jayne Radloff Cindy Budde Jane Williams Theresa Beckett Lawrence Qswald Ann Bahls Vicky Xicon Dawn Basten Kimberly Williams Michael Kringle Ellen Golinvaux Cheryl Manderscheid Ann Reisdor¢ Stephen Mootz Robin Heines Deborah Ihrig William Strong James Yeager Chad Cruse Eric Sanderson Judy Pottebaum Laura Riedl Gary Muntz Thomas Meyer Nicole Macvey Deborah Fiacco Paul Hannigan Victoria Frederick Chad Berendes Natane Lincoln Rick Gheer Chad Coakley Joan Most David Felderman Sandra Shaffer Janet Brehm Regina Klinkhammer Men ca Schiessl Katherine Timmermans Ronald Sanduskey Rick Hoffman Rsspectfuliy submitted, Is/Lores J. KJuesner, Chairperson /sl Merle Duehr Isl Richard Wertzberger Civil Service Commission October 19, 2000 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1999 Code of Iowa, an examination for the position of Laborer was given on October 6, 2000. We hereby certify that the following individuals have passed this written examination and the vacancy for this pos~on should be made from this list and that this list is good for two (2) years from above date. LABORER Leslie Wagner Richard Atkins Roger Richard Ronald Bar[els Albert Clemens Thomas Burger Robert Dague Shayne Henry Jeremy Shireman William Cook Thomas Paar Harry Rubel A an Bahl Steve Siefker Rachel Bly Grog Schukert Peter Kruschke Jeffrey Weiland Michael Noel Mark LeGrand Shawn Kelley Thomas Meyer Brad Herfig Gerald Dean Darrell Allman Dale Muelier Duane Schreiber Robert Barry Timothy Leibold Michael O'Shea Michael Ryerson John Hager[y Mark Fraying Daniel Welter Kenneth Henkel Robert Wissing Bryce Drapeau Michael Kuhn Daniel Zahn Earl Clemen David Felderman Dale Router Respectfully submitted, Is/Lores J. Kluesner, Chairperson /s/Merle Duehr /S/ Richard Wer[zberger Civil Service Commission November 1, 2000 Honorable Mayor and Members of the City Councl in accordance with Chapter 400 of the 1999 Code of Iowa, an examination for the position of Lead Mechanic was 'g~ven on October 26, 2000. We hereby certify' that the following i individuals have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. LEAD MECHANIC Scott Bauer E ruer Heacock Regular Session, November 6, 2000 419 Paul Herman Steven Kelly Steve Krar~ Gregow Merfeld Mark Neyens John Zenner Respectfully submitted, /s/Lores J. Kluesner, Chairperson Is/Mede Duehr /si Richard Wedzberger CMl Ser~4ce Commission Buol moved that the above CMl Service certifications for Parking Meter Checker, Laborer and Lead Mechanic be made a matter of record. Seconded by Nicholson. Motion carded 6-0. Diamond Jo/Bird Sign - Appeal of the Foud~h Street Peninsula Permit Moratorium: City Manager recommending approval of the issuance of sign permits for the Diamond Jo on the Fourth Street Peninsula, presented and read. Buol moved that the communication be received and tiled and concurred with recommendation. Seconded by Nicholson. Motion carded 6.0. Dubuque County Historical Society - Appeal of the Fourth Street Peninsula Permit Moratorium: City Manager recommending approvaJ of the issuance of a sign permit for the Mississippi River Discovery Center on the Fourth Street Peninsula, presented and read. Buol moved that the communication be received and filed and concurred ~4th recommendation. Seconded by Nicholson. Motion carded 6-0. Issuance of $6,265,000 General Obligation Bonds: City Manager recommending the issuance of $6,265,000 Genera[ Obligation Bonds, Series 2000C, presented and read. Buol movad that the communication be received and tiled. Seconded by Nicholson. Motion carried 6.0. RESOLUTION NO. 519-00 RESOLUTION APPOINTING WELLS FARGO BANK IOWA, NATIONAL ASSOCIATION OF DES MOtNES, IOWA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, $6,265.000 General Obligation Bonds, Sedes 2000C, dated November 1, 2000, have been sold at public sale and action should now be taken to provide for the maintenance of records, registration of cert~cates and payment of principal and interest in connection with the issuance of the Bonds; and Whereas, this Council has deemed that the services offered by Wells Fargo Bank Iowa, National Association of Des Moines, Iowa, are necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered Bonds; and Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter 'Agreement") has been prepared to be entered into between the City and Wells Fargo Bank Iowa, National Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: I Section 1. That Wells Fargo Sank Iowa, National Association of Des Moines, Iowa, is hereby appointed to serveas Paying Agent, Bend Registrar and Transfer Agent in connection with the issuance of $6,265,000 General Obligation Bonds, Sodas 2000C, dated November 1, 2000. Section 2. That the Agreement with Wells Fargo Bank Iowa, National Association of Des Moines, Iowa, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed, approved and adopted this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Suol moved adoption of the Resolution. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO. 520~00 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $6,265,000 GENERAL OBLIGATION BONDS, SERIES 2000C, AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for Regular Session, November 6, 2000 the Downtown Dubuque Urban Renewal District, including but not limited to the construction of a structured parking facility located at Third and Main Street, an essantial corporate purpose, and it is deemed necessary and advisable that General Obligation Bonds in the amount of not to exceed $5,600,000 be issued for said purpose; and WHEREAS, pursuant to nofice published as required by Section 384.25 of said Code, this Council has held a public meeting and headng upon the proposal to insl2iute proceedings for the issuance of said Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds; and WHEREAS, the Issuer aisc is in need of funds to pay costs of construction of improvements at the Dubuque Regional Airport, including those costs associated with the rehabilitation and improvement of existing T-hangar airplane facilities and the construction of new T-hangar airplane facilities, an essenfial corporate purpose, and it is deemed necessary and advisable that its General Obligation Bonds in the amount of not to exceed $690,000 be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and headng upon the proposal to insfitute proceedings for the issuance of said Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds; and WHEREAS, pursuant to Section 384.28 of the Code of ~owa, it is hereby found and determined that the vadous general obligation bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of Corporate Purpose Bonds as hereinafter set forth; and WHEREAS, pursuant to the provisions of Chapter 75 of the Code of iowa, the above mentioned Bonds were heretofore sold at public sale and action should now be taken to issue said Bonds conforming to the terms and conditions of the best bid received at the advertised public sa[e. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. Definitions. The following terms shall have the fo]lowing meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: + "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. · "Beneficial Owner" shall mean the person in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the records of .such Participant or such person's subrogee. · "Bonds" shall mean $6,265,000 General Obligation Bonds, Sedes 2000C, authorized to be issued by this Resolution. · "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. · "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. · "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. + "DTC" shall mean The Depository Trust Company, Ney/York, New York, a limited purpose trust company, or any successor book-entry securities depository appointed for the Bonds. · "issuer" and "City" shall mean the City of Dubuque, Iowa. i · "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. · "Paying Agent" shall mean the Wells Fargo Bank Iowa, Nafiona[ Association, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. · "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. · "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. · "Registrar" shall mean Wet[s Fargo Bank Iowa, National Association of Des Moines, Iowa, or such successor as may be approved by issuer as provided herein and who Reqular Session, $713,112 $525,663 $524,913 $528,663 $526,363 $518,550 $525,482 $521,388 $516,782 $521,663 $520,519 $518,607 $520,925 $522,2t9 $527,488 $526,475 $529,438 $526,119 $536,775 (NOTE: made and valuatons colie~ed 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. · "Representation Letter" shall mean the Blankat-lssuer Letter of Representations executed and delivered by the Issuer to eTC. + "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. + "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. Low and certification of Annual Tax; Other Funds to be Used. la) Low of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Dubuque, Iowa, to-wit: FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COL ECTION: 2001/2002 2002/2003 2003/2004 2004/2005 2005/2006 2006/2007 2007/2008 2008/2009 2009/2010 2010/2011 2011,2012 2012/2013 2013/2014 2014/2015 2015/2016 2016/2017 2017/2018 2018/2019 2019/2020 For example the levy to be cer~ed against the taxable of January 1, 2000, will be during the tiscal year commencing July 1, 2001). (b) Resolution to be Filed With County AuditQr. A certified copy of this Resolution should be filed with the County Auditor of Dubuque County, Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this November6,2000 42I Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying pdnc pal and interest on said Bonds issued in an~cipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any ~me when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbumement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, ail other taxas in and for the City, and when collected they shall be converted into a special fund within the Debt Se~ce Fund to be known - as the "GENERAL OBLIGATION BOND FUND 2000 NO. ONE" (the "Bond Fund'), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Department of Revenue. Section 4. Aoelicafion of Boq~ Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the eadiest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if'any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. Ail moneys hem in the Bond Fund, provided for by Section 3 of this Resolution shall be invested n Jnvastments permitted by Chapter 12B, Code of iowa, 1999 (formerly Chapter 422 Regular Session, November 6, 2000 452, Code of Iowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDiC or its equivalent successor in any one financia! insMtu~don S~ be continuously secured in compliance with the State Sinking Fund provided under Chapter 12C of the Code of iowa, 1999, ss amended or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such intedm investments shall mature before the date On which the moneys are required for payment of principal of or interest on the Bonds as herein provided. , Section B. Bond Deta~s, Execution and Redemofion. (S) Bond Det~lis. General Obligation Bonds of the C~ in the amount of $6,265,000, shall be issued pumuant to the provisions of Secfions 384.24 and 384.25 of the City Code of iowa for the aforesaid purpose. The Bonds shall be designated ,GENERAL OBLIGATION BOND, SERIES 2000C", be dated November 1, 2000, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on June 1, 2001, and semiannually thereafter on the Ist day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or pdnted with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; p~incipal, 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 Bonds shall be in the denomination of $5,000 or multiplss thereo~ The Bonds shall mature and bear interest as follows: Interest Principal Maturity Rate Amount June 1st ~',000'% ~$-"~0~0'00 2002 5.000 215,000 2003 5.000 225,000 2004 5.125 240,000 2005 5.125 250,000 2006 5.125 255,000 2007 5.125 275,000 2008 5.125 285,000 2009 5.125 295,000 2010 5.125 315,000 2011 5.125 330,000 2012 5.125 345,000 2013 5.125 365,000 2014 5.125 385,000 2015 5.125 410,000 2016 5.125 430,000 2017 5.125 455,000 2018 5.125 475,000 2019 5.250 510,000 2020 (b) Redemo~on Bonds m~udng after June 1, 2009 may be called for redempfion by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to fime in part, in any order of matudty and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by first class mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shad[ not affect the validity of any proceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemption will cease to bear interest al[er the specified redempfion date, provided funds for their redemption are on deposit at the place of payment. if selection by lot within a maturity is required, the Registrar shall designate the Bonds to be redeemed by random selecfion of the names of the registered owners of the entire annual maturity unfil the total amount of Bonds to be called has been reached. Section 7. Issuance of Bonds in Book-Entry Form: Replacement Ronds. (a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi-annual interest for any Depository Bond shall be made by wire transfer or New York Cieadng House or equivalent next day funds to the account of Cede & Co. on the Reqular Session, November 6, 2000 423 interest payment date for the Bonds at the address indicated in or pursuant to the ReprssentatJon Letter. (b) With respect to Depository Bonds, neither the Issuer nor the Paying. Agent shalt have any responsibil~ or obligation to any Participant or to any-Beneticial Owner. W"rthout iimidng the immediately preceding sentence, neither the Issuer nor the Paying Agent sha[t have any responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with respect to the Bonds, (ia) the payment to any Participant, any Beneficial Owner or any other pemon, other than DTC er its nominee, of any amou. nt with respect to the principal of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any information or notification on behalf of any PariJcipant or Beneficial Owner. The issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the burp?se of payment of the principal of, premium, if any, and interest on such Bond, for the purpose of all other matters `Mth respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all ether ~u?poees whatsoever (except for the g~wng of certain Bondholder consents, in accordance with the practices and procedures of DTC as may be applicable thereto). The Paying Agent shall pay ail principal cf, premium, if any, and interest on the Bonds only to or upon the order of the Bondhulders as shown on the Registration Books, and all such payments shall be valid and effective to ruth/ satisfy and discharge the Issuer's obligations ,Mth respect to the principal oi~, premium, if any, and interest on the Bonds to the extent so paid. NobMthstanding the provisions of this Resolution to the contrary (including ~thout limitation those provisions relafing to the surrender of Bonds, registration thereof, and issuance in Author~ed Denominations), as long as the Bonds ars Depository Bonds, full otfect shall be given to the Representalion Letter and the procedures end practices of DTC the[eundsr, and the Paying Agent shall / comply there`Mth. (c) Upon (i) a determinafion by the Issuer that DTC is no longer able to carry out its functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that the Bonds ; are no longer eligible for its depository ; services or (iii) a determination by the Paying Agent that DTC has resigned or discontinued its services for the Bonds, the issuer shall (A) designate a satisfactory subst:,bJte depository as set forth below or, if a satisfactory substitute Ls not found, (B) provide for the exchange of Depository Bonds for replacement Bonds in Authorized Denominations. (d) if the Issuer determines to provide for the exchange of Depository Bonds for Bonds in Authorized Denominafions, the Issuer shall so notffy the Paying Agent and shall provide the Registrar with a supply of executed unauthenficated Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds ,Mil be delivered in appropriate form, content and Authorized Denominations to the Beneficial Owners, as their interests appear. (e) Any subs~ute depository shall be designated in wfidng by the issuer to the Paying Agent Any such substitute depositary shaI~ be a uaiified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shatl provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entdes. Section 8. Reeisfration of R(3r~dS' Appointment of Reeistrar; Transfer; Ownership; Delivery;, and Cancellation. (a) Reoistrafioq. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Wells Fargo Bank Iowa, National Association is hereby appointed as Bond Registrar under the terms of this Resolution and under the ~rovisions of a separate agreement Regular Session, November 6, 2000 with the Issuer filed herewith which is made a part hereof by this reference. 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~cle 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and b-ansfer contained in the Bonds and in this Resolution. (bi Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and t~ansfer 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 federe~ employer identification number of such transferee (or, if registration is to be made in the name of multiple indMduals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer cf any such Bond, a new fully registered Bond, of any denomination or denominafions 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. (c) Registrafion of Transferred 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) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such 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 liability upon such Bond, including the interest thereon, to the extant of the sum er sums so paid. (e) Cancella'don. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer, provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (fi Non-Presentment of Bond.~ In the event any payment check representing payment of pdncipal of or interest on the Bonds is returned to the Paying Agent or if any bond 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 period equal to two years and six months follo~ving the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otheiwise, 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. (g) Reqistration and Transfer Fees. The Registrar may furnish to each owner, at the issuer's expense, one band for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In Reqular Session, case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing ,Mth the Registrar evidence sa~factory to the Registrar and Issuer that such Bond has been destroyed, stolen or test and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and compMng with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherMse than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or ta their designated agent as the same appear on the books of the Registrar on the 15th day preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of pdndpal shall only be made upon surrender of the Bond to the Paying Agent Section 11. Execution, Authentication and Delivery ~ond~. Upon the adoption of this Resolution, the Mayor and Clerk shall November 6, 2000 425 execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any dght or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the CedfScate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is ended to the benef'r~s of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shal! have been provided the fo[low~ng: 1, A cer~fied copy of the Resolution of issuer authorizing the issuance of the Bonds; 2. A wdtten order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Rinht to Name Substitute Payinq Aqent or Reaistrar. issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. 426 Regular SesSion, November 6, 2000 Section 13. Form of Bond. Bonds shall be printed in substantial compliance v,~th standards proposed by the American Standards Institute substantially in the form as tbllow$: (lO) (Continued on the back of this Bond FIGURE I O::ar, t) Reqular Session, November 6, 2000 427 (1o) (16) (Continued) FIGURE 2 (Back) 428 Regular Session, November 6, 2000 FIGURE 2 (Back) The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure I = "STATE OF IOWA" "COUNTY OF DUBUQUE" "CITY OF DUBUQUE" "GENERAL OBLIGATION BOND" "SERIES 2000C" Item 2, figure I = Rate; Item 3, figure 1 = Maturity; Item 4, figure 1 = Bond Date: November 1, 2000 Item 5, figure 1 = Cusip No.: Item 6, figure 1 = "Registered" item 7, figure 1 = Certificate No. Item 8, figure 1 = Principal Amount: $ 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 date indicated above, 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, on the maturity date shown above, only upon presentation and surrender hereof at the office of Wells Fargo Bank Iowa, National Associafion, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on June 1, 2001, and semiannually thereafter on the 1st day of June and December in each year. interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. This Bond is issued pursuant to the provisions of Sections 384.24 and 384.25 of the City Code of Iowa, for the purpose of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended land Restated Urban Renewal Plan for , the Downtown Dubuque Urban 'Renewal District, including but not limited to the construction of a structured parking facility located at Third and Main Street; and construction of improvements at the Dubuque Regional Airport, including those costs associated with the rehabilitation and improvement of existing T-hangar airplane facilities and the construction of new T-hangar airplane facilifies, in conformity to a Resolufion of the Council of said City duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company ("DTC"), to the Issuer or its agent for registrafion of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other enfity as is requested by an authorized representstive of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after June 1, 2009 may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to 'dine in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of cell. Thirty days' notice of redemption shall be given by first class mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption wilt cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random Reqular Session, selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Ownership of this Bond may be transferred oniy by transfer upon the books kept for such purpose by We[is Fargo Bank Iowa, Na~onal Association, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the offce of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to subs~[ute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. This Bond is a "qualified tax-exempt obligation" designated by the City for purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986. STATEMENT OF INSURANCE Financial Guaranty Insurance Company ("Financial Guaranty") has issu.ed, a policy containing the foflowfng provisions with respect to the C~ of Dubuque, Dubuque County, Iowa, General Obligation Bonds, Sodas 2000C, matudng in the years 2015 through 2020 (the "Bonds"), such policy being on file at the principal office of Walls Fargo Bank Iowa, National Association, as paying agent (the "Paying Agent'): Financial Guaranty hereby unconditionally and irrevocably agrees to pay for disbursement to the Bondholders that portion of the principal of and interest on the Bonds which is then due for payment and which the issuer of the Bonds (the 'Issuer") shall have failed to provide. Due for payment means, with respect to principal, the stated matur~ date thereof, or the date on which the same shall have been duly called for mandatory sinking fund redemption and does not refer to any eadier date on which the payment of principal of the Bonds is due by reason of call for redemption (other than mandatory sinking fund redemption), acceleration or other advancement of maturity, and with respect to interest, the stated date for payment of such interest. Upon November 6, 2000 429 receipt of telephonic or telegraphic notice, subsequently confirmed in wdting, or written notice by registered or cer~fied mail, from a Bondholder or the Paying Agent to Financial Guaranty that the required payment of principal or interest has not been made by the Issuer to the Paying Agent, Financial Guaranty on the due date of such payment or within one business day after receipt of notice of such nonpayment, whichever is tater, will make a deposit of funds, in an account with State Street Bank and Trust Company, N.A., or its successor as ~ agent (the "Fiscal Agent'), sufficient to make the poraon of such payment not paid by the Issuer. Upon presentation to the Fiscal Agent of evidence satisfactory to it of the Bondholder's right to receive such payment and : any appropriate instruments of assignment required to vest all of such Bondholder's dght to such payment in Financial Guaranty, the Fiscal Agent will disburse such amount to the Bondholder. As used herein' the term "Bondholder" means the person other than the issuer or the borrower(s) of bond proceeds who at the ~me of nonpayment of a Bond is ended under the terms of such Bond to payment thereof. The policy is non-cancel[able for any FINANCIAL GUARANTY INSURANCE COMPANY And it is hereby represented and certified that ali acts, conditions and things requisite, according to the laws and Constitution of the State of iowa, to exist, to be had, to be done, or to be performed precedent to the iswful issue of this Bond, have been existent, had, done and performed as required by [aw;, that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the same will respec~ely become due; that the faith, credit, revenues and resources and ali the real and personal property of the Issuer ara irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its 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, 430 Regular Session, November 6, 2000 with the seal of said City impressed hereon, and to be authenticated by the manual signature of an authorized. representative of the Registrar, We[is Fargo Bank Iowa, Nafiona[ Association, Des Moines, Iowa. item 11,figure1 = Date of authenfication: Item 12, figure 1 = This is one of the Bonds dsscdbed in the w~hin mentioned Resolufion, as registered by Wells Fargo Bank Iow'a, National Association. WELLS FARGO BANK IOWA, NATIONAL ASSOCIATION, Registrar By: Authorized Signature Item 13, flgura I = Registrar and Transfer Agent: Wells Fargo Bank Iowa, Nafional Associafion Paying Agent: Welts Fargo Bank Iowa, National Association Corporate Trust Operations MAC N9303-121 S~h & Marquette Avenue Minneapolis, MN 55479 SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) item 15, figure 1 = [Signature Block] CiTY OF DUBUQUE, IOWA B~ (manual siqnature) Mayor ATTEST: By; (manual sionature~ City Clerk Item 16, figure2 =[AssignmentBIock] [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 premises. Dated (Person(s) executing this Assignment sign(s) here) SIGNATURE ) GUARANTEED) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee mast 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 nstitutions that paCdc pate n a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferae(s) __ Social Security or Tax ldenfificafion Number of Transferae(s) Transferee is a(n): In dividual* Corporation Partnership Trust *If the Bond is to be registered in the names of multiple individual owners, the names ef ail such owners and one address and social security number must be provided. The follov,4ng abbreviations, when used in the inscdpfion on the face of this Bond, shall be construed as though written out in full according to applicable taws 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 14. Contract Between Issuer and Purchase.r. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 15. Non-Arbitraae Covenants. The Issuer reasonably expects and covenants that no use witl be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowfedge and belief of Regular Session, November 6, 2000 the Issuer, there are no facts or circumstances that would materially change the foregoin~t~t~ent~'or th~ concluS'~O~--t~ it is not expected that .the proceeds of the Bonds will be used In a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality-of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of th~s ResalutJon. The Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exempt[on Certificate in all respects and to execute and deliver the Tax Exemption Cat'cate at issuance of the Bonds to ca,fy as to the reasonable expectations and covenants of the Issuer at that date. Section 16. Severabili~Clause. if any section, paragraph, clause or provision of this Resolution be hsid invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediatsiy upon its passage and approval. Section 17. Conflnuino Disclosure. The issuer hereby covenants and agrees that it wlil comply with and carry out alt of the provisions of the Continuing Disclosure Certiflcata, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, "Beneficisi Owner" means any person which la) has the power, directly or indirectly, to vote er consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or lb) is treated as the owner of any Bonds for federal income tax purposes. Section 18. Additional Covenants Reeresentations and Warranties of the Issuer. The I~sue~ ~s--~nd covenants wit11 'the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, la) will make such further specific covenants, representations and assurances as may be necessary or advisable; lb) comply with all representefions, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Cert~cata shall constitute a part cf the contract between the Issuer and the owners of the Bonds; lc) consult with bond counsal (as defined in the Tax Exemption Cert~cate); (d) pay to the United States, as necessary, such sums of money represenflng required rebates of excess arbitrage prof'~ relating to the Bonds; (e) file such forms, statements and supporting documents as may be required and in a dmsiy manner, and (O if deemed necessary or a(:Msable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 19. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federsi law or regulations. Section 20. Qualified Ta×-Exemet Obligations. For the sole purpose of qualifying the Bonds as "Qualified Tax- Exempt Obligations" pursuant to the Internal Revenue Code of the United States, the Issuer designates the Bonds as qualified tax-exempt obligefions and represents that the reasonably anticipated amount of tax- exempt govemmentsi and Code Section 501(c)3 obligations which will be issued dudng the current calendar year will not exceed Ten (10) Million Dollars. Section 21. Repeal of Conflicting Resolutions er Ordinancss That sit ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. PASSED AND APPROVED this 6t'~ day of November, 2000, John Markham, Mayor Pre-Tern ATTEST: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Regular Session, November 6, 2000 County ~-'-~ : of ~Health: j to this Council for approval and the Communicafion of Mayor T~rmnqe I~.'- ~ ~ ~z~ been examined and Duggan to the Count'/ Board of Supervisors expressing the City's desire to have representstion on the County Board of Health, presented and read. Buol moved that the ce~nmunicatJon be received and filed. Seconded by Nicholson. Motion carded 6-0. 319 Area Code: City Manager subm~ng informa~on on the change of the City of Dubuque's area code, presented and read. Buol moved that the communica'don be received and tiled. Seconded by Nichoison. Mo'don carded 6-0. NLC Policy informer. City Manager submitting the October edition of the Policy Informer from the National League of Cites, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Mofion carded 6-0. Business License Refunds: Beer and Liquor Combination License refund to the Old Shang and Class B Beer Permit to Cedar Cross Amoco, presented and read. Buol moved that the requests be received and filed and concurred with recommendation. Seconded by Nicholson. Motion carded 6-0. Business Licenses: RESOLUTION NO. 521-00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to ssi[ Cigarettes and Cigarette Papers v,4thin said City. NEW Oky Doky #15 Ronatd J. Meloy 1101 Rhomberg Ave Bunker Hitl Snack Bar GMS, Inc 2200 Bunker Hill Rd Passed, approved and adopted this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 5224)0 Whereas, applications for Beer Permits have been submitted and flied approved; an8 Whereas, the premises to be occupied by such applicants were inspected and found to comply youth 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 ~ssued the following named applicants a Beer Permit. CLASS "C' BEER PERMIT Iowa Oil Company IOCO Speede Shoppe # 93+(Sunday Sale)' ~ ¢ 3270 Dodge St Molo Oil Company Big 10 Mart+ (Sunday Sale) 1875 JFK Rd. Ronald J. Meloy Oky Doky # 15+ (Sunday Sale) 1101 Rhomberg Ave Passed, approved and adopted this 6th day November, 2000. ~ John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO. 523-00 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW~ THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named appiicants a Liquor License. CLASS "C"(COMMERCIAL) BEER/LIQUOR LICENSE Sun's Corp. Yen Ching Restr. 926 Main St Raysan Corp The Bddge Restr. +(Sunday Sate) 31 Locust St Aragon Tap Inc. Aragon Tap+ (Sunday Sale) 1103 Iowa St Passed, approved and adopted this 6th day of November, 2000. John Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Reqular Session, November 6, 2000 433 BOARDS/COMMISSIONS: Appointment to the fo[lowing Boards/Commissions: Histodc Preservation Commission (Old Main District) - Applicant Audrey Henson'. Michalski movedthat Audrey Henson be appointed to the unexpired term which will - expire 7-1-02. Seconded by Cline; Motion carded 6-0. Michalski moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Robbins. Motion carded 2000 Sidewalk Assessment Project: Center Grove/Cedar Cross/Embassy West Dr. (Public Headng tabled from meeting of October 2, 2000). City Manager providing additional information on the 2000 Sidewalk Assessment Project and reques~ng Council direction, presented and read. Bual moved that the communication be received and removed Center Grove Drive from the proposed project and approved assessments on the west side of Cedar Cross Rd. Seconded by Niche[son. Motion carded 6-0. Jack Schumacher of Shinoak Ct. spoke in favor of the proposed project Gary Pfab, 3360 Center Grove; Peggy Gruber, 3347 Center Grove; Mark Dominy, Lonnie Hamm, 3369 Center Grove; Tom Zalaznik for his father Edward of 3338 Center Grove; Jeff Weber, 3450 Center Grove ali spoke in opposi'don to the proposed project. Voluntary Annexafion Riprow Valley Project: Proof of publication on notice of public headng to consider rezoning property located east of Julien Dubuque Drive and City Manager recommending approval of a voluntary annexation request for the Riprow Valley Project, presented and read. Robbins moved that the communication be received and filed. Seconded by Nicholssn. Motion carded 6-0. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located east of Ju[ien Dubuque Drive from County A-1 Agricultural Disthct to R-1 Single Family Residential Zoning Distdct concurrent with annexation, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 96-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED EAST OF JULIEN DUBUQUE DRIVE FROM COUNTY A-I AGRICULTURAL DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT CONCURRENT WITH ANNEXATION Whereas, the City of Dubuque, property owner, has requested rezoning concurrent with annexation to the City of Dubuque in accocdance with Secdon 2-3 of Appendix A (Zoning Ordinance) of the CAy of Dubuque Code of Ordinances; and Whereas, this request has been found to be consistent with the Comprehensive Plan and the Future Land Use Map of the Comprehensive Plan. NOW,. THEREFORE, BE IT ORDAJNED BY THE CITY COUNCIL OF THE CFrY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from Dubuque County A-1 Agricultural Disthct to City of Dubuque R-1 Single- Fam~ Residential District, to wit: Lot A of Government Lot 1, Section 6; Lot 4 of Fractional Government Lot 1 ct Section 6 Township 88 NoAh, Range 3 East of the Fifth Principal meridian in Dubuque County, Iowa; and all that poddon of the Mississippi River bed in the Northeast Fractional QuaAer of Section 6 and the Northwest Fractional Quarter in Section 5 lying noah of the southerly line of Lot I of the Subdivision of Government Lots 1 and 2 in Section 5, extended easteAy to the State line between Iowa and Illinois, all in Township 88 NoAh, Range 3 East of the Fifth Principal meridian in Dubuque County, Iowa, containing 17.579 acres, more or less. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubu~tue, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law; Passed, approved and adopted this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Regular Session, November 6, 2000 Attest: Jeanne F. Schneider, City Clerk Published officialh/in the Telegraph Herald newspaper this 13th day of November, 2000. Jeanne F. Schneider, City Clerk It 11/13 Robbins 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 fur[her moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO, 524-00 RESOLUTION ANNEXING CERTAIN TERRITORY ' WhEreas, the City of Dubuque, property owner, has voluntarily pe~oned for anne~afion of approximately 17.579 acres of property lying outside of the corporate limits of the City of Dubuque, Iowa, as shown on Exhibit A; and Whereas, Chapter 368 of the Code of~owe authorb, es the extensioh of City limits in situations of this character by adoption of a resolution after notitication as required by State regulations; and Whereas, this request has been found to be consistent with the Comprehensive Plan and the Future Land Use Map of the Comprehensive Plan; and Whereas, the future growth and development of the City of Dubuque, Iowa, make it desirable that said property be made part of the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the territorial limits of Dubuque, Iowa, be, and they hereby are extended to include the property legally described aa Exhibit A, and as shown in Exhibit B. Section 2. The territory hereby annexed shall become a part of the First Precinct of the First Ward of the City of Dubuque, Iowa. Section 3. That the C~y Clerk shall file this resolution, all exhibits and the petition for voluntary annexation with the State of Iowa in accordance with State regulations. Passed, approved and adopted this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Ingress/Egrsss Easement for Klauer Manufacturing Company: Proof of publication on notice of public headng to consider the disposition of real property to Klauer Manufacturing Company and City Manager recommending approval of an ingress/egress easement, presented and read. Robbins moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried 6-0. RESOLUTION NO. 525-00 RESOLUTION DISPOSING OF INTEREST IN REAL PROPERTY BY GRANTING AN INGRESS/EGRESS EASEMENT TO KLAUER MANUFACTURING COMPANY ADJACENT TO THE NORTH END NEIGHBORHOOD BIKE/HIKE TRAIL FROM 22ND STREET TO 32ND STREET IN THE CITY OF DUBUQUE, iOWA. Whereas, the City of Dubuque has negotiated an ingress and egress easement with Klauer Manufacturing Company adjacent to the North End Neighborhood Bike/Hike Trail from 22nd Street to 32nd Street along the abandoned railroad fight-of-way owned by the City of Dubuque, Iowa, all in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque is disposing of an interest of the City of Dubuque, Dubuque County, Iowa, in real property by granting an ingress and egress easement over and across part of the abandoned railroad right-of- way from 26th Street to abutting Lots 281 and 282, in Glendale Add,on, to Klauer Manufacturing Company, 2600 Washington Street. Section 2. That the City Clerk be and is hereby authorized and directed to cause notice to be published as ~rescribed under Section 364.7 of the Code of Iowa. Passed, approved and adopted this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Michalski. Motion carried 6-0. Tschiggfde Commercial - Vacating of Utility Easements: Proof of publication on notice of public hearing to consider Reqular Session. November 6, 2000 435 the vacating of utility easements on Lots 4 and 5 of Block 2 of Tschiggfde Commercial and City Manager recommending approval, presented and read. Buol moved that the proof and communication be received and flied. Seconded by N. icholson. Motion carried 6-0. RESOLUTION NO. 526-00 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE UTILITY EASEMENTS OVER LOTS 4 AND 5 OF BLOCK 2 OF TSCHIGGFPJE COMMERCIAL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the Tschiggfde Excavating Company ~s the current owner of Lots 4 and 5 of Block 2'of Tschiggfde Commercial; and Whereas, utir~ .easements are currently platted on each of said lots; and Whereas, Tschiggfde; Excavating Company has pe~oned to vacate a poCdon of the easements in said lots. NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in and vacate utility easements over Lots 4 and 5 of Block 2 of Tschiggfde Commercial in the City of Dubuque, as shown on the attached Exhibit A. Section 2. That the City Clerk be and is hereby authod, zed and directed to cause a notice of intent to be published as prescribed under Section 364.7 Code of Iowa, 1999 or amended. Passed, approved and adopted this 6th day of November, 2000. John Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Niche[son. Motion carded Salina Street Reconstruction; Proofs of publication on notice of headng on plans and specifications and notice to bidders en the receipt of bids for the Salina Street Reconstruction Project and City Manager recommending award of the contract to Portzen Construction in the amount of $458,069.80, presented and read. Cline moved that the proofs be received and filed. Seconded by Nicholson. Motion carded 6-0. Richard Wertzberger, representing L & I Building Company and Bdan Kane, representing Freedom, Inc. spoke in opposi~on to the project. Mike Podzen and Mike Waiters spoke in favor of the project. RESOLUTION NO. 527-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 27th day of September, 2000, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Salina Street Reconstruction Project. Whereas, notice of headng on plans, specifica~ons, 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, spec'riications, 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 Pa~sed, adopted and approved this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 528-00 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Salina Street Reconstruction Project pursuant to Resolution No. 383-00 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 13th and 20th days of October, 2000. Whereas, said sealed proposals were opened and read on the 26th day of October 2000, and it has been determined that the bid of Portzen Construction, Inc. of Dubuque, Iowa, in the amount of $458,069.80 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specitications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Portzen Construction, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. 436 Regular Session, November 6, 2000 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 November, 2000. John H. Markham, Mayor Pro-Tern Attest Jeanne F. Schneider, City Clerk Cline moved adoption of the Rssolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 529-00 RESOLUTION W~TH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE SAUNA STREET RECONSTRUCTION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the Salina Street Reconstruction Project has given notice of the public hearing thereon as required~ by law; and Whereas, the public headng has been held, all persons offedng objections have been heard and consideration given to ali objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity dsscdbed above is hereby: X Adopted, ~hout amendment, and all objections filed or made having been duIy considered are overruled. Passed, adopted and approved this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Water Department - Supervisow Control and Data Acquisition System: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids for the SuperviseW Control and Data Acquisition System Project and City Manager recommending award of the contract to Miller Electric Supply, Inc. in the amount of $232,999.00, presented and read. Michalski moved that the proofs and communication be received and filed. Seconded by Robbins. Motion carried 6-0. RESOLUTION NO. 530-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 6th day of October, 2000 specifications, form of contract and estimated cost were flied with the City Clerk of Dubuque, Iowa for the fabrication of a new Supervisory Control and Data Acquisition System located at the Eagle Point Water Plant, 1902 Hawthorne Street, and its satellite locations in Dubuque, Iowa. Whereas, notice of hearing on epecifications: 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: Section 1. The said specifications, form of contract and estimated cost are hereby approved as the specifications, form of contract and estimated cost for said improvement for said project. Passed, approved and adopted this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Michaiski moved adop~on of the Resolution. Seconded by Robbins. Motion carded 6-0. RESOLUTION NO. 531-00 AWARD OF CONTRACT Authorizing the City Manager to execute a contract with Miller Electric Supply of Dubuque, Iowa for the fabrication of a new Supervisory Control and Data Acquisition System project. Whereas, the Water Department Supervisory Control and Data Acquisition System Project has been budgeted; and Whereas, Miller Electric Supply of Dubuque, Iowa has submitted to the City an agreement to conduct fabrication services of this l improvement in the amount of $232,999 dollars. Whereas, Funds have been legally appropriated for this expenditure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 11 That the City Manager be authorized to execute the agreement for fabrication Services with Miller Electric Supply of Dubuque, Iowa dated October 24, 2000 for the fabrication of I the Water Department Supervisory I Control and Data Acquisition System Reqular Session, November 6, 2000 437 Project_ Passed, approved and adopted this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Attest Jeanne F. Schneider, City Clerk Michsiski moved adoption of the Resolution. Seconded by Robbins. Motion carded 6-0. Eagle Point Water Plant - Chlorine Feed Room Expansion Project Proofs of publication on notice of headng on plans and specs and notice to bidders on the receipt of bids for the Eagle Point Water Plant Chlodne Feed Room Expansion Project, and City Manager recommending award of the conbact to Portzen Construction in the amount of $115,649.00, presented and read. Robbins moved that the proofs and communication be received and filed. Seconded by Michalski. Motion carded RESOLUTION NO, 532-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 6th day of October, 2000 plans, specifications, form of contract and estimated cost were filed with the City Clerk cf Dubuque, Iowa for the construction of a 935 sq. ft. room located at the Eagle Point Water Plant, 1902 Hawthorne Street, Dubuque, Iowa. Whereas, notice of hearing on plans, specifications, form of contract and estimated cost was published as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. 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 improvement for said project. Passed, approved and adopted this 6th day of November, 2000. John H. Markham, Mayor Pre-Tern Attest: Jeanne F. Schneider, Cit~ Clerk Robbins moved adoption of the Resolution. Seconded by Michalski. Motion carded 6-0. RESOLUTION NO, 533-00 AWARD OF CONTRACT Authori.~[ng the City Manager to execute a contract with Portzen Construction Company ct' Dubuque, Iowa for the construction of the Chlodne Feed Room E×pansion project. Whereas, the Eagle Point Water Plant Chlorine Room Expansion Project has been budgeted; and Whereas, Podzen Construction Company of Dubuque, Iowa has submitted to the City an agreement to conduct construction services of this improvement in the amount of $115,649.00 dollars; and Whereas, Funds have been legally apprepdated for this expenditure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the City Manager be authorized to execute the agreement for construction services with Portzen Construction Company dated October 24, 2000 for the construction of the Eagle Point Water Plant Chlodne Room. Passed, approved and adopted this 6th day of November, 2000. John H, Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, Cit~/Clerk Robbins moved adoption of the Resolution. Seconded by Micha[skJ. Motion carded 6-0. Water Department - Pennsylvania Pump Station: Proofs of publication on notice of headng on plans and specs and notice to bidders on the receipt of bids for the Pennsy~ania Pump Station Project, and City Manager recommend- lng award of the contract to Portzen Construction for $326,111.00, presented and read. Bubi movedthat the proofs and communication be received and filed. Seconded by Nichelson. Motion carried 6-0. RESOLUTION NO. 534-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 2nd day of October, 2000 plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the construction of a 1242 sq. ft. building with pumps and equipment located at 4136 Pennsylvania Avenue, Dubuque, Iowa; and 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: Section 1. 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 438 Regular Session, November 6, 2000 improvement for said projecL Passed, approved and adopted this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO, 535-~0 AWARD OF CONTRACT Authorizing the City Manager to execute a contract with Portzen Construction Company of Dubuque, Iowa for the construction of the Pennsylvania Pump Station Project; and : ' Whereas, the Pennsyivania Pump Station Project has been budgeted; and Whereas, Podzen Construction Company of Dubuque, Iowa has subm~ed to the City an agreement to conduct construction services of this improvement in the amount of $326,111.00 dollars; and Whereas, funds have been legally appropriated for this expenditure. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOW~ Section 1. That the City Manager be authorized to execute the agreement for construction services with Portzen Construction Company of Dubuque, Iowa dated October 24, 2000 for the construction of the Pennsylvania Pump Station. Passed, approved and adopted this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Rsso[ution. Seconded by Nichoison. Motion carried 6-0. Buol moved that the rules be reinstated limiting discussion to the Council. Seconded by C[ine. Motion carried 6-0. 623 - 627 Arlington - Appeal of Historic Preservation Commission Decision: Histodc Preservation Commission submitting information regarding the appeal of the Commission's decision for property located at 623-627 Arlington, presented and read. Terry Mozena of the Historic Preservation Commission spoke of the sequence of events and their decision. Attorney Bill Conzett for Ms. Bechen and Mr. Woods, applicants, spoke and requested that the HPC decision be reversed. Michaiski moved that it be resolved to uphold the decision of the Historic Preservation Commission. Seconded by Buol. Motion carded 6-0. Oak Meadows II - Water Main Connection Fee: City Manager submitting response to Jim Stock's request regarding a $1,298 connection fee on his Oak Meadows II project, presented and read. Mr. Stock e×plained that this bill received 10 ~ears after the connection was not fair and he had been led to believe this would never be charged. Nicholson moved to receive and file: the communication and to absolve Mr. Stock from paying the connection fee. Seconded by Buol. Carried by the following vote: Yeas---Cline, Nicholson, Robbins, Buol. Nays--Markham, Michalski. Barge Fleeting: City Manager submitting information on barge fleeting and requesting City Council direction; communication of Walter Hartman, Dubuque County Conservation Society, in opposition to the proposal to relocate barge fleeting to the southeast portion of Schmitt/City Island, presented and read. Michalsld moved to receive and file all ped[nent information received and gave direction to staff to prepare RFP for barge fleeting in select areas of the Mississippi River and bold public hearing on 12/4. Seconded by Buol. Motion carded 6-0. Comprehensive Plan Update' Long Range P ~nn ng Commission providing a progress report on the 2000 update of the Comprehensive Plan and the joint City/County planning process for fringe area growth and development, presented and read. Dr. Mary Lynn Neumeister, Chair of the Long Range Planning Commission, gave a verbal progress report_ Robbins moved that the communication be received and filed. Seconded by Nicholson. Motion carded 6-0. Downtown C~mprehensive Plan Process: City Manager transmitting the recommendations of the Long Range Planning Advisory Commission regarding the Downtown Comprehensive Plan process, and communication from the Board of Directors of the Dubuque Area Chamber of Commerce regarding the Downtown Comprehensive Plan, presented and read. Michalski moved Reqular Session, November 6, 2000 439 that the communicafions be received and filed. Seconded by Cline. Motion carried 6-0. Burbach Charitable Contribution: City Manager recommending that the City accept the offer of Cad J. And Mary Ann Burbach to donate Lot 22 of Sunset Park Eighth Addrrdon for park purposes, presented and read. Bucl moved that the communicafion be received and filed. Seconded by Robbins. Mofion carried 6-0~ No Parking Zone - Hawthorne Sb'eet: City Manager recommending that the 'No Parking' zone in front of the Eagle Point Water Ptant be modified, presented and read. Nicholson moved that the communication be received and filed and chose Option No. 2, not atlowing any truck: or tre~ler parking. Seconded by Buol. Carried by the fo[lowing vote: Yeas~Markham, Michalski, Nicho[son, Robbins, Buol, Na~line. Mark Kohn and Steve Meyers spoke requesting that the No Parking zone be eliminated. Amendment to the Ice Harbor Urban Renewal ET~stdct: City Manager recommending approval of an amendment to the Ice Harbor Urban Rene~val District, presented and read. Michaiski moved that the communication be received and filed. Seconded by Nicholeon. Motion carried 6-0. An Ordinance Amending Ordinance No, 66-89, and providing that general property taxes tevied and collected each year on ali property located within the Ice Harbor Urban Renewal District, as amended, of the City of Dubuque, County cf Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection ~,ith the Amended and Restated Urban Renewal Plan for the Ice Harbor Urban Renewal District, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 97-00 AN ORDINANCE AMENDING ORDINANCE NO. 66-89, AND PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE ICE HARBOR URBAN RENEWAL DISTRICT, AS AMENDED, OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFiT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE ICE HARBOR URBAN RENEWAL DISTRICT Whereas, the City Council of the City of Dubuque, Iowa, has heretofore, in Ordinance No. 66-89, provided for the dMsion of taxes within the Ice Harbor Urban Renewal DistTict, pursuant to Secfion 403.19 of the Code of Iowa; and Whereas, add~onal territory now has been added to the Ice Harbor Urban Renewal District; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is anticipated to be incurred in the future, to finance urban renewal project acfivifies within the Ice Harbor Urban Renewal District, as amended, and the continuing needs of redevelopment within the Ice Harbor Urban Renewal District, as amended, are such as to require the continued applicafion of the incremental tax resources of the Ice Harbor Urban Renewal District, and Whereas, the following enactment is necessary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA, THAT: Ordinance No. 66-89 is hereby amended to read as follows: Section 1. For purposes of this Ordinance, the following terms shaII have the following meanings: (a) Original Project Area shall mean that portion of the City of Dubuque, Iowa described in the Urban Renewal Plan for the Ice Harbor Urban Renewal Distdct approved by Resolution No. 440 Regular Session, November 6, 2000 403-89 on December 18, 1989, which Original Project Area includes the lots and parcels located within the area legally described as follows: that area generally bounded on the north by the public alley located between the vacated Fourth Street and Third Street, on the west by the Chicago, Central and Pacific Railroad right-of-way, on the south by East First Street and on the east by the municipal limits of the C~ of Dubuque, Iowa and including any adjoining public right-of- way. (b) Add~onel Proiect Area shall mean that po~on of the. City of Dubuque, Iowa described as "Subarea B' in the Amended and Restated Urban Renewal Plan for the Ice Harbor Urban Renewal Distdct approved by Resolution No. 241-00 on June 5, 2000, which Add,anal Project Area includes the lots and parcels located within the area legally described as follows: that area generally bounded on the north and west by the Chicago, Central and Pacific Railroad right-of-way, on the south by the northerly boundary of the Odginal Project Area and on the east bythe municipal limits of the City of Dubuque, Iowa (excluding Lot 1 Adams Co.'s 2nd Add,on) and including any adjoining public right-cf- way (c) Amended Prelect Area shall mean that po~cn of the City of Dubuque, Iowa included within the Odginal Project Area and the Additional Project Area, which Amended Project Area includes the lots and parcels located within the area legalIy described as follows: that area generally bounded on the north and west by the Chicago, Central and Pacific Railroad right-of-way, on the south by East First Street and on the east by the municipal limits of the City of Dubuque, Iowa and including any adjoining public right-of-way. Section 2. The taxes levied on the taxable properly in the Amended Project Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and ail other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3. As to the Original Project Area, that portion cf the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing district taxing property in the Odginal Project Area upon the total sum of the assessed value of the taxable properb/ in the Original Project Area as shown on the assessment roll as of January 1, 1988, being the first day of the calendar Year preceding the effective date of Ordinance No. 66-89, shall be allocated to and when collected be paid into the fund for the respective taxing distdct as taxes by or for said taxing distdct into which all other property taxes are paid. The taxes so determined shall be referred herein as the "base period taxes" for such area. As to the Add'Cdonal Project A~ea; based period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1999, being the first day of the calendar year preceding the effective date of this Ordinance. Section 4. That portion ofthe taxes each year in excess of the base pedod taxes for the Amended Project Area, determined for each sub-area thereof as provided in Section 3 of this Ordinance, shall be allocated to and when collected be paid into the special tax increment fund previously eatablished by the City of Dubuque to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Amended Project Area pursuant to the Amended and Restated Urban Renewal Plan for the Amended Project Area, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Amended Project Area without any limitation as hereinabove provided. Section 5. Unless or until the total assessed valuation of the taxable property in the area cf the Amended Project Area exceeds the total assessed va~ue of the taxable proper~ in said areas shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as Reqular Session, November 6, 2000 ail other property taxes. Sect;on 6 At such time as the loans, monies advanced, bonds and interest thereon and indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable-property in the Amended Project Area shall be paid into the funds for the respec~ve tax~ng dis~cts in the same manner as ta~es on all other property. Section 7 All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to continue the division of taxes from property within the Original Project Area under the provisions of Section 403.19 of the Code of tow'a, as authorized in Ordinance No. 66-89, and to fully implement the provisions of Section 403.19 of the Code of Iowa with respect to the division of taxes from property within the Add~onal Project Area as described above. In the event that any provision of this Ordinance shall be determined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fuliy invoke the provisions of Section 403.19 of the Code cf Iowa 'Mth reference to the Amended Project Area and the terdto~' contained therein. $~Ction 8, This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Read first time: November 6, 2000 Read second time: Waived. Read third time: Waived. Passed, approved and adopted this 6th day of November, 2000. John H, Markham, Mayor Pro-Tern Attest: Jeanne F, Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 13th day of November, 2000. Jeanne F. Schneider, City Clerk It 11/13 Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at b, vo 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 Nicholson, Motion carded 6-0. Owner-Occupied Affordable Housing Committee: City Manager submitting proposed process and participants for the Owner-Occupied Affordable Housing Committee, presented and read. Robbins moved that the communication be received and filed and concurred with the proposed process. Seconded by Buol. Motion carded 6.0. Legislate Positions for 2001 Legislative Session: City Manager submitting the City's legislative pns~ons for the 2001 Legislative Session, presented and read. Buoi moved that the communication be received and filed and approved submission. Seconded by Michaiski. Motion carded 6-0. Council Member Reports: Nicholson ~'equested that consideration of a salary Increase for the Mayor and Council Membem be put on the next Council Agenda. Fischer Cold Storage Warehouse Asbestos Abatement Project City Manager submitting documents providing for the Fischer Cold Storage Warehouse Asbestos Abatement Project and setting a public hearing for November 20, 2000, presented and read. MichaJski moved that the communication be received and filed. Seconded by BuoL MoUon carded 0-0. RESOLUTION NO. 536-00 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, and form of contract for the Fischer Cold Storage Warehouse Asbestos Abatement Project, are hereby approved and ordered tiled in the office of the City Clerk for public inspection. Passed, adoptsd and approved this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by BuoL Motion carried 6-0, RESOLUTION NO. 537-00 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 442 Regular Session, November 6, 2000 office of the City Clerk for public inspection of the Fischer Cold Storage Warehouse Asbestos Abatement Project . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: - That on the 20th day of November, 2000, a public headng 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 headng to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not lees than four days nor more than twenty days pdor to the day fixed for its consideration. At the headng, any interested pemon may appear and file objections to the proposed plans, specifications, contract, or esfimated cost of the improvement. Passed, adopted and approved this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolufion and set for Public Headng for November 20, 2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed bylaw. Seconded by Buol. Motion carded 6-0. RESOLUTION NO. 538-00 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Fischer Cold Storage Warehouse Asbestos Abatement Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and 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 forty-five days pdor to the receipt of said bids at 2:00 p.m. on the 17th day of November, 2000. Bids shall be opened and read bythe City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 20th day of November, 2000. Passed, adopted and approved this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, C~ Clerk Michalski moved adoption of the Resolution. Seconded by Buol. Motion carried 6-0. Crescent Ridge - Request to Vacate: City Manager recommending that a public hearing be set for November 20, 2000 to consider disposing of real property and Attorney David Clemens, representing Larry and Sharon McDermott, requesting that a portion of Crescent Ridge Road be vacated, presented and read. Buol moved that the communication, be received and filed. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO. 539-00 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF CRESCENT PJDGE ROAD RIGHT-OF- WAY Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated October 18, 2000, prepared by Buesing & Associates, describing the proposed vacated poCdon of Crescent Ridge Road right-of-way; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated October 18, 2000, prepared by Buesing & Associates relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Reqular Session, November 6, 2000 An Ordinance vacating a portion of Crescent Ridge Road right-of-way, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 98-00 ORDINANCE VACATING A PORTION OF CRESCENT RIDGE ROAD RIGHT- OF-WAY Whereas, McDermott Real Estate has requested the vacating of a portion of Crescent Ridge Road right-of-way; and Whereas; Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated poKdon of Crescent Ridge Road right- of-way and assigned lot numbers thereto, which hereinafter shall be known and described as Lot F of Mineral Lots 232 and 291, in the City of Dubuque, Dubuque County, iowa; Whereas, the City Counc~ of the City of Dubuque, Iowa has determined that a porton of Crescent Ridge Road right- of-way is no longer required for public use, except for utility easements as noted, and vacating of said porton ~f Crescent Ridge Road right-of-way, known as Lot F of Mineral Lots 232 and 291 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT ORDAINED BY THE CITY' COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot F of Mineral Lots 232 and 291 in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 6th day of November, 2000. John H. Markham, Mayer Pre-Tern Attest Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 13th day of November, 2000. Jeanne F. Schneider, City Clerk It 11/13 Buo[ 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 Nicholson. Motion carried 6-0. RESOLUTION NO. 540-00 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT F OF MINERAL LOTS 232 AND 291, IN THE CITY OF DUBUQUE, IOWA Whereas, the McDermott Rea[ Estate he~ ¢equested the vacating of a porrton of Crescent Ridge Road right- of-way. Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated a portion of Crescent Ridge Road right- of-way and assigned lot numbers thereto, which hereinafter shall be known and described as Lot F of Mineral Lots 232 and 291 in the City of Dubuque, lo,va; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this porton of Crescent Ridge Road right-of-way is no longer required for public use, and vacating and sale of said portions of Crescent Ridge Road known as Lot F of Mineral Lots 232 and 291 in the C~ of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot F of Mineral Lots 232 and 291 in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot F of Mineral Lots 232 and 291 in the City of Dubuque, Iowa to the McDermott Real Estate be contingent upon the payment platting, publication and tiling fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said rea[ estate to be published in the manner as prescribed by law. Passed, approved and adopted this 6th day of November, 2000. John Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution and further set this for Public Hearing on 11/20/00 at 6:30 P.M. in the Public Libraw Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicho[son. Motion carried 6-0. At 9:46 P.M. Michalski moved to go into Closed Session re: Pending Litigation and Property Acquisition (Iowa Code §21.5(1)(c)(j). Seconded by Robbins. Motion carried 6-0. At 9:58 P.M. Council reconvened Regular Session stating that Staff had been given proper direction. There being no furbher business, Buol moved to adjourn. Seconded by Nicholson. Motion carried 6-0. The 444 Regular Session, November 6, 2000 meeting adjourned at 9:59 P.M. /s/Jeanne F. Schneider City Clerk Reqular Session, DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regalar Session, November 20, 2000 Counc~ met in Regular Session at 6:30 P.M. in the Public Library Auditodum Present: Mayor Duggan, Counc~ Members Buol, C~ne, Markham, Michalski, Nichalson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may pmpedy come before the Council. Invocation was given by Father Craig Walbaum, Pastor of St, John's Episcopal Church. Proclamation: Thanks and Gratitude to Sister Mary Mar[ensen received by her sister, Betty Mauser. William McNamey. Department of Housing and Urban Development, presented bye 'Best Practices' Awards to the Housing Services Department. Minutes Submitted: Environmental Stew-ardship Advisory Commission of ~ ~fT; Historic Preservation Ordinance Task Force of 11/2; Housing Commission Trust Fund Committee of t 1/2; Housing Code Appeals Board of 10117; Human Rights Commission of 10/9; Investment Oversight Advisory Commission of 10/16; Zoning Board of Adjustment of 10/26, presented and read. Buol moved that the minutes be received and filed. Seconded by Nichalson. Motion carded 7-0. Investment Oversight Commission Quartedy Report, presented and read. Buol moved that the communication be received and filed. Seconded by Nichoison. Motion carried 7-0. Finance Director Kenneth TeKippe submitting the financial report for month ending October 31, 2000, presented and read. Buol moved that the report be received and filed. November 20? 20oo 445 Seconded by Nichorsen. Motion carded 7-0. Proof of Publication of Council Proceedings for 10/16; List of Claims and Summary of Revenues for Month Ending 10/30/00, presented and read. Buol moved that the proofs be received and filed. Seconded by Nichoison. Motion carded 7-0. Notice of Claims/Suits: Grace Brade in undetermined amount for personal injuries; Florence Hird in estimated amount of $59.15 for property damage; Ged Ryan in undetermined amount for ~ersonal injuries; Ktisten Smith in estimated amount of $2,606.53 for vehicle damage, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Nicholson. Motion carded 7-0. Corporation Counsel advising the following claims have been referred to Public E~ntity Risk Se~ces of Iowa, the agent for the Iowa Communites Assurance Pool: Shidey EBott for personal injuries; Dorothea Tschiggfde for property damage, presented and read. Buol moved that the communications be received and flied and concurred with the referrals. Seconded by Nicholson. Moton carded 7-0. Plumbing Board: Building Services Manager Rich Russell advising of an upcoming vacancy (Leonard Rhomberg) on the Plumbing Board, ~resented and read. Bual moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. Section 8 Staffing Request: City Manager recommending approval of increasing the para-time secretarial position in the Housing Services Section 8 Activity to full-time status, 3rasented and read. Buol moved that the communication be received and filed and concurred with the recommendation: Seconded by Nichoison, Mofion carded 740. 1999 Sidewalk Assessment Project: City Manager recommending approval of the final special assessment schedule for the 1999 Sidewalk inspection Program, presented and read. Buo[ moved that the communication be received and filed. Seconded by Nichofson. Motion 446 ,Regular Session November 20, 2000 carded 7-0. RESOLUTION NO. 641-00 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR 1999 SIDEWALK REPAIRS INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF NOW THEREFORE, BE ' IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the 1999 Sidewalk Assessment Project, which schedule was filed in the office of the City Clerk on the 15th day of November, 2000, that said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the rsspective properties benefitted by the improvements as shown in the schedule, subject to the provisions of Section 384.63, Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to cerdfy said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said codification once each week for two consecu~e weeks in the manner provided in Section 362.3, the flint publication of which shall be net more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. That' assessments may be paid in full or in part ¥,~hout interest at the office of the County Treasurer, at any time within 30 days after the date of the first publication of this notice of the filing of the final schedule of assessments with the County Treasurer. After 30 days unpaid assessments of $50.00 or mere are payable in 10 annual installments and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to the December 1 next following the due dates of the respective installments as >rovided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 20th day of November, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk NOTICE OF FILING QF THE FINAL SCHEDULE OF ASSESSMENTS AGAINST ABUTTING PROPERTIES FOR THE 2000 SIDEWALK REPLACEMENT ASSESSMENT PROJECT WITHIN THE CiTY OF DUBUQUE, IOWA TO THE PROPERTY OWNERS OF THE FOLLOWING ABU'!]-ING PROPERTIES FOR THE 2000 SIDEWALK REPLACEMENT PROJECT WITHIN THE CITY OF DUBUQUE, IOWA: Consisting of the abutting properties which are described as follows: PROPERTY OWNER LEGAL DESCRIPTION FINAL ASSFSS Herbert J. & Judith A. Hoffmann Lot 2-1-11, Lot 1-2-2-11 and Lot 2-2-10 Wullweber Subdivision $697.30 Dana Giancola W 1/2 of Lot 304-305 Woodlawn Park Addition $698.28 John Churchill & Margaret Thoma Lot 204-208 Glendale $292.79 James E. & Karen J. Brady Lot 3 Newberw and Hales Subdivision $138.69 Douglas & Gretchen Potter Lot 1-26 S.M. LangsAddition $138.07 Michael D. & Sharon A. Beadle Lot 2-2 Cieminsons Subdivision $061.64 Patrick J. & Gloriann Egan N. 50' of N 1/2 of W 1/2 of Lot 24 Mt. Pleasant $508.53 Sally Jo Herrig Lot 1 Sullivan Subdivision $520.09 Reaular Sess on, November 20~ 2000 Timothy P. Swift & Pamela Stelken Lot 2-3 Mineral Lot31 $123.28 Dennis & Deborah Viertei Lot 2-1-1-1-4 of Mineral Lot 28 $184.92 Charlotte A. Wolff Lot 194 Finley AddiSon $138.69 Ph~ip A_ & Mary M. F-~zgibbons Lot 2 Block 15 Green Acres Subdivision $061.64 Steven J. & Paula J Cook S. 1/2 - NM 1/5 of City Lot 494 $577.88 Lealie L & GIoda J. Potter S. 1/2 Lot 32 East Dubuque Addition $192.63 Gary E. & Susan M. Bay S. 1/2 S. 1/5 City Lot 490 $096.31 Fimtar Bank Shires Place $951.57 Joseph & Janice HeaJy Lot 2-2-E 1/2 Lot91 E. DBQ Add. $970.83 Joseph Healy N. 25' Lot 2-94 Langwodhy's Add,ion $385.25 Kada K. Schramm S. 30' S 1/2 Lot I of 1-4-97 and 5-47 LH Langworthy's Add. $061.64 John Nomallin[ E 35' of Lot 84, L.H. Langwotthy's Add. $154.10 Kenneth Haugen Lot 2-170 and Lot 2-2-1-171 L.H. Langworthy's Add. $06t .64 TOTAL ASSESSMENTS $7,015.77 You are hereby notified that the final schedule of assessments against benefited properties within the Distdct described as the 2000 Sidewalk Replacement Assessment Project, has been adopted and assessments confirmed and levied by the City Council of Dubuque, Iowa, and that said schedule of assessments has been cartfied to the County Treasurer of Dubuque County, Iowa. You are further not, ed that assessments may be paid in full or in part without interest at the office of the County Treasurer, at any time within 30 days after the date of the first publication of this notice of the filing of the final plat and schedule of assessments with the County Treasurer, which occurred on the 1st day of December, 2000. Unless said assessments are paid in full within said 30 day period (through Wednesday, January 3, 2001) all unpaid assessments will draw annual interest computed at 9% percent (commencing on the date of accept.~nce of the work) computed to the December 1st next following the due dates of the respective I.~nstallments. Each installment will be delinquent on September 30 the following its due date on Juiy 1st in each year. Property owners may elect to pay any annual installments semiannually n advance. AI~ properties located within the boundaries of the 2000 Sidewalk Replacement Assessreent Project above descdbed have been assessed for the cost of making said improvements, the amount of each assessment and the amount of any cond'~onal deficiency assessment having been set out in the schedule of assessments accompanying the same, which are now on tie in the office of the County Treasurer of Dubuque County, Iowa. For further inforrnafion you are referred to said schedule of assessments. This notice given by direction of the City Council of the City of Dubuque, Iowa, as prescribed by Code Section 384.60 of the City Code of Iowa. Is/Jeanne F. Schneider City Clerk Buol' moved adoption of the Resolution. Seconded by Nichoison. Motion carried 7-0. Elm Street Sanitary Sewer Reconstruction Project - Acceptance: C~ Manager recommending acceptance of the Elm Street Sanitary Sewer Reconstruction Project in the final amount of $109,510.43, presented and read. Buol moved that the communication be received and filed. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 542-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Elm Street Sanitary Sewer Reconstruction has been completed and the City Manager has examined the work and filed his .cert~cate stafing that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor I~rom the Sanitary Sewer Construction Fund in amount aqua to the amount of this 448 Regular Session, November 20, 2000 contract, less any retained percentage provided for therein. Passed, approved and adopted this 20th day of November, 2000. Terrance M. Duggan, Mayor Attest:. Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 543-00 FINAL ESTIMATE Whereas, the contract for the Elm Street Sanitary Sewer Reconstruction has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $109,510.43 and the said amount shall be paid from Sanitary Sewer Construction Fund of the-City of Dubuque, Iowa. Passed, approved and adopted this 20th day of November, 2000. Terrence M. Duggan, Mayor Attest. Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. Fengler and Kerper Intersection Project - Acceptance: City Manager recommending acceptance of the Fengler and Kerper Intersection Project in the final amount of $288,346.16, presented and read. Buol moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 544-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Fengler and Kerper Intersection Project has been completed and the City Manager has examined the work and tiled his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends [ts acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:. Section 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted= BE IT FURTHER R~SOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Road Use Tax Funds in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 20th day of November, 2000. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buo[ moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 545-00 FINAL ESTIMATE Whereas, the contract for the Fengler and Kerper Intersection Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE ~T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $300,785.53 and the said amount shall be paid from the Road Use Tax Funds of the C~ of Dubuque, Iowa. Passed, approved and adopted this 20th day of November, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buo[ moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. Sanitary Sewer Reconstruction Project - Alley Between Rhomberg and Garfield - Acceptance: City Manager recommending acceptance of the Sanitary Sewer Reconstruction Project in the Alley between Rhomberg and Garfield in the tinal amount of $109,137.08, presented and read. Buol moved that the communication be received and tiled. Seconded by Nicho~son. Motion carded 7-0. ' RESOLUTION NO. 546-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Sanitary Sewer Reconstruction Project -Alley between Rhomberg and Garfield from Stanton to Shiras has been completed and the City Manager has examined the work and filed his certificate stating that the same has Reqular Session, November 20, 2000 449 been completed according to the terms of the contract, plans and specifications and recommends its NOW THEREFORE, BE iT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanita~ Sewer Construction Fund in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and ~dopted this 20th day of November, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 547--00 FINAL ESTIMATE Whereas, the contract for the Sanitary Sower Reconstruction Project - Alley between Rhomberg and Ga~eld from Stanton to Shires has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $109,137.08 and the said amount shall be paid from Sanitary Sewer Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of November, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Cox Street Storm Sewer Rehabilitation Project - Acceptance: City Manager recommending acceptance of the Cox Street Storm Sewer Rehabilitation Project in the final amount of $37,899.40, presented and read. Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 548-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Cox Street Storm Sewer Rehabilitation has been completed and the Cb Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ClTY OF DUBUQUE, IOWA: Section 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE iT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Storm Sewer Construction Fund in amount equal to the amount of this contract, less any retained percentage ~rovided for therein. Passed, approved and adopted this 20th day of November, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 549-00 FINAL ESTIMATE Whereas, the contract for the Cox Street Storm Sewer Rehabilitation has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $37,899.40 and the said amount shall be paid from Storm Sewer Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of November, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Reso[ution~ Seconded by Nichoison. Motion carried 7-0. Adams Addition Sanitary Sewer Extension - Acceptance: City Manager recommending acceptance of the Adams Addition Sanitary Sewer Extension Project in the final amount of 450 Regular Session, November 20, 2000 $52,822.24 and approval of the final assessment schedule, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 550-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Adams Addition San[taw Sewer Extension has been completed and the City Manager has examined the work and filed his cedificate stating that the same has been completed according to the terms of the contract, plans and specitications and recommends its NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanitary Sewer Fund in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 20th day of November, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 551-00 FINAL ESTIMATE Whereas, the contract for the Adams Addition Sanitary Sewer Extension has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $60,515.58. Section 2. That $35,960.60 of the cost thereof shall be assessable upon private property and $24,554.98 shall be paid from the Sanitary Sewer Fund. Passed, approved and adopted this 20th day of November, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 552-00 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR ADAMS ADDITION SANITARY SEWER EXTENSION INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ~ ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE ,TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO : PUBLISH NOTICE THEREOF. NOW THEREFORE,' BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the Adams Addition Sanitary Sewer Extension under contract with Pertzen ConstrucfJon Company of Dubuque, Iowa, which final plat and schedule were filed in the office of the City Clerk on the 15th day of November, 2000, the said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby I aesessed and levied as a special tax , against and upon each of the lots, the i respective sums indicated. Provided, fur[her, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levfed conditionally against the : respective properties benefitted by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to certity said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the Reqular Session, November 20, 2000 451 date of the second publication of the nodce, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. That assessments may be paid in full or in par[ without interest at the office of the County Treasurer, at any time wP. hin 30 days after the date of the first publication of this nofice of the filing of the final schedule of assessments with the County Treasurer. After 30 days unpaid assessments of $50.00 or more are payable in 10 annual installments and will draw annual interest at 9 percent (commencing on the date of acceptance of the work) computed to the December t next following the due dates of the respective installments as provided in Section 384.85 of the Code of Iowa. Each installment will be delinquent from October 1 foilow~ng its due date on July 1 of each year. Property owners may elest to pay any annual installments semiannually in advance. Passed, approved and adopted this 20th day o1 November, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cler~ NOTICE OF FILING OF THE F~NAL SCHEDULE OF ASSESSMENTS AGAINST BENEFITED PROPERTIES FOR THE CONSTRUCTION OF ADAMS ADDiTiON SANITARY SEWER EXTENSION WITHIN THE CITY OF DUBUQUE, iOWA TO THE PERSONS OWNING LAND LOCATED WITHIN THE DISTRICT DESCRIBED AS THE ADAMS ADDIT]ON SANITARY SEWER EXTENSION, WITHIN THE CITY OF DUBUQUE, IOWA: The improvement type(s) and the location(s) is (are) as follows: The project consists of the installation of 1,133 feet of 8" sanitary sewer pipe in Adams 3rd Addition and 4th Addition in the City of Dubuque, Iowa. Consisting of the properties which are described as follows: Lot 2 of Adams 4th Addition Lot 1 of Adams 4th Addition Lot 1-2 of Adams 3rd Addition Lot 1 of Adams 3rd Addition You are hereby notified that the final schedule of assessments against benefited properties within the Distdct described as the Adams Addition Sanitary Sewer Extension, has been adopted and assessments confirmed and lev[ed by the City Council of Dubuque, Iowa, and that said schedule of assessments has been cerdfied to the County Treasurer of Dubuque County, Iowa. YOU ARE FURTHER NOTIFIED THAT ASSESSMENTS MAY BE PAID IN FULL OR tN PART WITHOUT INTEREST AT THE OFFICE OF THE COUNTY TREASURER, DUBUQUE COUNTY COURTHOUSE 72f3 ~ DUBUQUE, IOWA, 52001 UNTIL JANUARY 12, 2001. After January 12, 2001 unpaid special assessments of $50.00 or more are payable in 10 annual installments and will draw annual interest at 9 percent computed to the December 1 next following the due dates of the respective installments as provided in Section 384.85 of the Code of Iowa. Each installment w~l be delinquent from October 1 following ~ due date on July 1st of each year. Properb/ owners may elect to pay any annual installment semiannually in advance. All proper~es located within the boundades of the Adams Addition Sanitary Sewer Extension above descdbed have been assessed for the cost of the making of said fmprovements, the amount of each assessment and the amount of any conditional deficiency assessment having been set out in the schedule of assessments accompanying the same, which are now on file in the office of the County Treasurer of Dubuque County, Iowa. For fur[her information you are referred to said schedule of assessments. This Notice given by direction of the City Council of the City of Dubuque, Iowa, as provided in Section 384.60 of the Code of Iowa. Jeanne F. Schneider City Clerk ADAMS SANITARY SEWER EXTENSION FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS TOTAL NET ASSESR John S. & Pamela A. Adams Lot 2 of Adams 4th Addn. $11,176.41 Chades H. Morrow & Wanda U Ryan Lot 1 of Adams3rdAddn. $11,176.41 Michael D. Steele, Lot 1-2 of Adams 3rd Addn. $11,176.,41 Afred J. & Rose E. Timmerman Lot 1 of Adams 4th Addn. $11,178.41 Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. 452 Regular Session November 20, 2000 Discovery Center Parking Lot Removal Project - Acceptance: City Manager recommending acceptance of the Discovery Center Parking Lot Removal Project in the final amount of $13,371, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO, 553-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Parking Lot Pavement Removal for the Mississippi River Discovery Center has been completed and the C~ Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the - contract, plans and specifications and recommends its NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec~on 1. Thatthe recommendafion of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the 1°,4, Local Option Salss Tax Fund in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 20th day of November, 2000. Tecrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 554-00 FINAL ESTIMATE Whereas, the contract for the Parking Lot Pavement Removal for the Mississippi River Discovery Center has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the cost of said improvement is hereby determined to be $15,145.50 and the said amount shall be paid from 1% Local Option Sa[es Tax Fund of the City of Dubuque, Iowa, Passed, approved and adopted this 20~" day of November, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolufion. Seconded by Nicholson. Motion carried 7-0. Miller Road Sanitary Sewer Extension Project - Acceptance: City Manager recommending acceptance of the Miller Road Sanitary Sewer Extension Project in the final amount of $64,174.30 and approving the final assessment schedule, presented and read. Buol moved that the communica§on be received and filed. Seconded by Nicholson. Motion carded 7-0. ~ RESOLUTION U0~ 556-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Miller Road Sanitary Sewer Extension has been completad and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, ~OWA: Sec~on 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from Sanitary Sewer Extensions for New Developments in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 20th day of November, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 556-00 FINAL ESTIMATE Whereas, the contract for the Miller Road Sanitary Sewer Extension has been completed and the City Engineer has submitted his final ~sfimate showing the cost thereof including the cost of estimates, notices and inspection and all missellaneous costs; Regular Session~ November 20, 2000 45~ NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the cost of said improvement is hereby determined to be $73,800.45. Section 2. That $30,007.85 of the cost thereof shall be assessable upon pdvate property and $43,792.60 shall be paid from Sanitary Sewer Extension for New Developments. Passed, approved and adopted this 20th day of November, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, Cb Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 557-00 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR MILLER ROAD SANITARY SEWER EXTENSION INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and accompanying plat sho~ng the assessments proposed to be made for the construction of the Miller Road Sanitary Sewer Extension under contract with Drew Cook and Sons Excavafing, Inc. of Dubuque, Iowa, which final plat and schedule were filed in the office of the City Clerk on the 15th day of November, 2000, the said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective prope~es benefitted by the improvements as shown in the schedule, subject to the provisions of Section 384;63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not ~n excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner ~rov[ded in Section 362.3, the first ~ublicaficn of which shall be not more than fr~een days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall a~so mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. That assessments may be paid in full or in part without interest at the offide of the County Treasurer, at any time within 30 days after the date of the first publication of this notice of the filing of the final schedule of assessments with the County Treasurer. After 30 days unpaid assessments of $50.00 or more are payable in 10 annual installments and will draw annua~ interest at 9 percent commencing on the date of acceptance of the work) computed to the December 1 next following the due dates of the respective installments as )revided in Section 384.65 of the Code of iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 20th day of November, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk NOTICE OF FILING QF THE FINAL SCHEDULE OF ASSESSMENTS AGAINST BENEFFF]'ED PROPERTIES FOR THE CONSTRUCTION OF MILLER ROAD SANITARY SEWER EXTENSION WITHIN THE CITY OF DUBUQUE, IOWA TO THE PERSONS OWNING LAND LOCATED WITHIN THE DISTRICT DESCRIBED AS THE MILLER ROAD SANITARY SEWER EXTENSION, 454 Regular Session, November 20, 2000 WITHIN THE CITY OF DUBUQUE, IOWA: The improvement type(s) and the location(s) is (are) as follows: The project consists of the installation of approximately 650 feet of 8-inch sanitary sewer pipe in the Miller Road area in the City of Dubuque, Iowa. Consisting of the Dreperties which are described as follows: Lot 2 in Painted Valley Lot 2-2-1-2-1-1-1-1-1-1-1 of Mineral Lot 499 Lot 1 of Volk Place Lot 2 of Volk Place Lot 2-1-1 of Mineral Lot 499 Lot 2-1-1-1-1 of Mineral Lot 499 You are hereby honied that the final schedule of assessments against benefitted pmpedJes within the District described as the Mi,er Road Sanitary Sewer Extension, has been adopted and assessments confirmed and levied by the City Council of Dubuque, Iowa~ and that said schedule of assessmenm has been certified to the County Treasurer of Dubuque County, Iowa. YOU ARE FURTHER NOTIFIED THAT ASSESSMENTS MAY BE PAID IN FULL OR IN PART WITHOUT INTEREST AT THE OFFICE OF THE COUNTY TREASURER, DUBUQUE COUNTY COURTHOUSE, 720 CENTRAL AVENUE DUBUQUE. IOWA, 52001 UNTIL JANUARY 12. 2001.. After January 12. 200! unoaid special assessments of $50.00 or more are payable in 10 annual installments and will draw annual interest at 9 percent computed to the December 1 next following the due dates of the respective installments as provided in Sec'don 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1st of each year. Property owners may elect to pay any annual installment semiannually in advance. All properties located within the boundaries of the Miller Road Sanitary Sewer Extension above described have been assessed for the cost of the making of said improvements, the amount of each assessment and the amount of any conditional deficiency assessment having been set out in the schedule of assessments accompanying the same, which are now on file in the office of the County Treasurer of Dubuque County, Iowa. For further information you are referred to said schedule of assessments. This Notice given by direction of the City Council of the City of Dubuque, Iowa, as provided in Section 384.60 of the Code of Iowa. Jeanne F. Schneider City Clerk MILLER ROAD SANITARY SEWER FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS OWNER LOT DESCRIPTIQN - SUBD. GROSS ASSESS. ~ TOTAL NETASSESS Frank. Dennis R. & Shelia M. Lot 2 Painted Valley Subd. $7,746.89 $1,622.67 $6.124.22 Frank, Dennis R. & Shelia M. Lot 2-2-1-2-1-1-I~1-1-1-1 $8,713.97 $6,713.97 Davis, Pamela M. Lot I Volk Place $7,746.89 $7,746.89 Gard. William E. & Adeline C. Lot 2 Volk Place $7,746.89 $3,507.67 $,4,239.22 Neuses, Gary J. Lot 2-1-1 of Mineral Lot 499 $3,431.36 $3,431.36 Neuses, Gary J. Lot 2-1-1-1-1 of Mineral Lot 499 $3.098.76 $1,346.57 $1,752.19 Buol moved adoption of the Resolution. Seconded Dy Nicholsor.. Motion carried 7-0. John F. Kennedy Road - Acquisition Plat Approval: City Manager recommending approva~ of an acquisition p~at for a right-of-way on John F. Kennedy Road on land owned by the City of Dubuque, presented and read. Buol moved that the communication be received and filed. Seconded by Nichotson. Motion carried 7-0. RESOLUTION NO. 558-00 RESOLUTION APPROVING ACQUISITION PLAT FOR WIDENING OF JOHN F. KENNEDY ROAD Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated October 28, 2000, prepared by the City of Dubuque, describing the proposed acquisition of John F. Kennedy Road; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Reqular Session, November 20, 2000 455 Section 1. That the plat dated October 26, 2000~ prepared by the of Dubuque, relative to the real estate hereinabove dsscdbed be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat on behalf of the City cf Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to fie said plat and cer~ed copy of this resdiution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 20th day of November, 2000. Termnce M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. Project Concern Pare-Transit Contract I Fiscal Year 2001: City Manager recommending approval of a Project Concern Para-Transit Agreement with Ke¢ine for Fiscet Year 2001, presented and read. Buol moved that the communication be received and tiled and concurred with recommendation. Seconded by Nicholson. Motion carded 7-0. Notice of Expiretion of Right of Redemption: Notice from Edc Stierman, Dubuque County Treasurer, regarding the Notice of Expiration of Right of Redemption on tax sale property, presented and read. Buol moved that the communication be received and flied. Seconded by Nichdison. Motion carded 7-0. RESOLUTION NO. 559-00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the following having complied with the previsions of law relating to the sale of Cigarettes within the City of Dubuque, Iow-a, be granted a permit to sell Cigarettes and Cigarette Papers ~thin said City. NEW Jorja's Restaurent& Lounge Jorja's Restaurent& Lounge 890 iowa St Passed, approved and adopted this 20th day ef November, 2000, Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Niche[son, Motion carried 7-0. RE'SOLUTION NO. 560-00 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 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 Rainbo Oil Com. Kwik Stop Food Mart+(Sunday Sale) 2297 University Ave Rainbo Oil Com. Kwik Stop Food Mar[+(Sunday Sale) 1685 JFK Rd. Passed, approved and adopted this 20th day November, 2000. Torrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nichdison. Motion carded 7-0. RESOLUTION NO. 561-00 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 ail CH Ordinances relevant thereto and they have tilsd proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License, CLASS !C' (COMMERCIAL) BEER/LIQUOR LICENSE T & M Inc Marie's Italian Restr. +(Sunday Sale) 1298 Main Tollbddge LLC The Tollbddge+(Sunday Sale) 2800 Rhomberg Jorja Moore Jorja's Restr. & Lounge+(Sunday Sale) 890 Iowa St Passed, approved and adopted this 20th day of November, 2000. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. 456 Regular Session, November 20, 2000 BOARDS/COMMISSIONS Applicants are invited to address the Council to express their desire to serve on the following Commission. HOUSING COMMISSION (Section 8) - Applicants: Jeremy Austin; Kris Erickson; Joe Hopkins; Denise Miller;, John Plein. Kris Erickson and Joe Hopkins spoke requesting consideration for appointment. Buol moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Cline. Motion carried 7-0. PUBLIC HEARINGS 2120 John F. Kennedy Road - Molo Big 10 Mart- Request to Rezone: Proof of publication on notice of headng to consider rezoning property located at 2120 John F. Kennedy Road from C-2 Neighborhood Shopping Center District to C-3 General Commercial District; Communication from Steve Godus, Mo]o Big 10 Mart, requesting that Council approve the rezoning; and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassif~ng hereinafter described property located at 2120 John F. Kennedy Road from C-2 Neighborhood Shopping Center Distdct to General Commercial District, presented and read. Markham movedto refer this matter back to the Zoning Advisory Commission. Seconded by Robbins. Motion carried 7-0. 2100 Asbury Road ~ Marty and Nancy McNamer - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 2100 A~bury Road from ID Institutional District to OS Office Services District, presented and read. Buol moved that the proof be received and filed. Seconded by Michaiski~ Motion carried 7-0. Marty McNamer, 1199 Hunter's Ridge, spoke requesting the rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassi~ng hereinafter described property located at 2100 Asbury Road from ID [nstitufional District to OS Office Services District, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 99-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2100 BLOCK OF ASBURY ROAD (NORTH OF CLARKE DRIVE AND ASBURY ROAD) FROM ID INSTITUTIONAL DISTRICT TO OS OFFICE SERVICE DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ocdinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassif~ng the hereinafter described property from ID Institutional District to OS Office Service District, to wit: Lot 2 Red Cross Place, and to the center line of the adjoining public right- of-way, ail in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take affect immediately upon publica~on, as provided by law. Passed, approved and adopted this 20th day of November, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published off~cially in the Telegraph Herald newspaper this 29th day of November, 2000. Jeanne F. Schneider, City Clerk It 11F29 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 Micheiski. Motion carriedT-0. Dubuque Yacht Basin, Inc. Request to Rezone: Proof of publication on notice of headng to consider rezoning the Dubuque Yacht Basin, Inc., property located at Bissell Harbor, Schmitt Harbor from Ht Heavy Industrial District to CR Commercial Recreation District, presented and read. Markham moved that the proof be received and filed. Seconded by Robbins. Motion carried 7-0. Regular Session, November 20, 2000 Helen Shanley of the Dubuque Yacht Basin spoke explaining the request for the rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reelassif~ng hereinafter described property located at Schmitt Harbor from HI Heavy Industhal Distrct to CR Commercial Recreation District, presented and read. (OFFICIAL PUBUCAT1ON) ORDINANCE NO. 100-00 AN ORDINANCE AMENDING APPENDIX A CrHE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED SOUTH OF ADMIRAL SHEEHY DRIVE FROM HI HEAVY INDUSTRIAL DISTRICT TO CR COMMERCIAL RECREATION DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifCng the hereinafter described property from HI Heavy ~ndustrial District, to CR Commercial Recreafion Distrct, as shown in Exhibit A, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Sec~on 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Section 3. This ordinance shall take effect immediateiy upon publication, as provided by law. Passed, approved and adopted this 20th day of November, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officialiy in the Telegraph Herald newspaper this 29th day of November, 2000. Jeanne F. Schneider, City Clerk It 11/29 Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pder to the meeting at which it is to be finelly p.~saed be suspended and further moved finel consideration and passage of the Ordinance, Seconded by Michalski. Motion carried 7-0. Southwest Artedal - Development Moratorium: Proof of publication on not[ce of headng to consider a text amendment to the Zoning Ordinance and City Manager recommending approval of an amendment to the Building Code regarding a development moratorium in the proposed Southwest Artedal Corridor. presented and read. Robbins moved that the proof be received and filed. Seconded by Markham. Motion carried 7-0. Attorney Bill Maiem, representing Bill & Janet Siegert, spoke stating they are withdrawing their resistance. An Ordinance Amending Chapter 11 (Buildings and Building Reguiafions) of the C~y of Dubuque Code of Ordinances by adding Section 11-58.3, establishing a moratorium for permit applications in the Southwest Artedel Corridor, presented and read. (OFFICIAL PUBLICATION) ' ORDINANCE NO. 101-00 AN ORDINANCE AMENDING CHAPTER 11 (BUILDINGS AND BUILDING REGULATIONS) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING SECTION 11-58,3, ESTABLISHING A ~ MORATORIUM FOR PERMIT APPUCATIONS IN THE SOUTHWEST ARTERIAL CORRIDOR. Whereas, the Iowa Department of Transportafion (IDOT) is engaged in a study of the Southwest Artedal Corridor, which '~ill include the determination of a preferred alignment; and Whereas, the IDOT has requested that the City of Dubuque enact a twelve-month development moratorium for the Southwest Arterial Corridor; and Whereas, the City of Dubuque desires to minimize potential development conflicts during this study by enacting a twelve-month development moratorium for the Southwest Arterial Corridor. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. Chapter 11 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances is hereby amended by adding Section 11- 58.3 as follows: Section 11-58.3 Moratorium - for work in the Southwest Arterial Corridor. The Building Official shall nat issue 458 Regular Session, November 20, 2.000 any permit for any new construction, demol~on, er substantial enlargement, aitaration, repair or remodeling cf any structure, building or sign in the Southwest Artedal Corridor during the tweNe-month pedod from the effective date of this Section, except where a ~ested right to the issuance of such permit accrued to any person, firm or corporafion as a matter of law pdor to the effective date of this Section. Sec~on 2. This Ordinance shall take effect upon publication, as provided by law. Passed, approved and adopted this 20th day of November, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, C~ Clerk Published officially in the Te/egraph Hera/d newspaper this 29th day of November, 2000. Jeanne F. Schneider, City Clerk It 11/29 ~ Robbins 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 Markham. Motion carded 7-0. An Ordinance Amending Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending Section 4-4.2 regarding site plans, and by amending Secfion 6-1- 5.5 regarding rezonings, to establish a moratorium for site plan and rezoning applications in the Southwest Artedal Corridor, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 102-00 AN ORDINANOE AMENDING APPENDIX A (ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 4-4.2 REGARDING SITE PLANS, AND BY AMENDING SECTION 6-1-5.5 REGARDING REZONINGS, TO ESTABLISH A MORATORIUM FOR SITE PLAN AND REZONING APPLICATIONS IN THE SOUTHWEST ARTERIAL CORRIDOR. Whereas, the Iowa Department of Transportation (IDOT) is engaged in a study of the Southwest Artedal Corridor, which will include the determination of a preferred alignment; and Whereas, the IDOT has requested that the City of Dubuque enact a twelve-month development moratorium for the Southwest Artedal Corridor; and Whereas, the City of Dubuque desires to minimize potential development conflicts during this study by enacting a twelve-month development moratorium for the Southwest Artedal Corridor. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Secfion 1. Appendix A (Zoning Ordinance) of the City of Dubuque Code Of Ordinances is hereby amended by amending Section 4-4.2 Section 4-4.2. Application and Moratorium - for site plans in the Southwest Attedal Corridor. The City Pfanner shall not issue conditional or final approval for any site plan filed for property in the Southwest Arterial Corridor that ties within the corporate limits of the City of Dubuque, as delineated on the attached drawing, dudng the twelve-month pedod from the effective date of this Sec~on, except where a vested dght to the issuance of such approval accrued to any person, firm or corporafion as a matter of [aw pder to the effective date of this Section. Application and Scope of Site Plan Review and Approval. No building permit or occupancy permit shall be issued, and no construcfion, grading or other land development actMty listed below may be commenced on property unless a site plan has been submitted and approved for such activ~ as set forth in this Section. Development activities subject to the requirements of this Section may hereafter be carried out only in substantial conformance with the approved site plan and any conduces or restrictions attached thereto. Any substantial deviation from the approved site plan, unless approved in advance by the City Planner, shall be deemed a vidiation of this Ordinance. Development activities subject to site plan review: 1. Construction or expansion of any building, structure or freestanding sign except single-family detached dwellings, duplexes and townhouses of not more than two (2) units and permitted accessory structures to a single-family cNvelling or duplex, however, driveways to said single- family and duplex dwellings shall be Reqular Session, November 20, 2000 459 paved wf~.h a hard surface. 2. Any change, alteration or modification in a structure or use which would require the provision of add~onal off-street parking spaces, additional 10t area, or other substantial change in zoning requirements applicable to such structure or use. 3. The const~'uction or creation of any parking lot or the expansion of any e~dsting par,~ng lot. Section 2. Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by amending Section 6-1.5.5 as follows: Section 6-1.5.5 Moratorium -for rezor~ng$ in the Soufhwest Arterial Corridor In addition to the requirements of subsection 6-1.5 of this Section, the City Council shall not give final approval to any reclassification (rezoning) request for property in the Southwest Artedal Corridor that lies within the corporate limits of the City of Dubuque, as delineated on the attached drawing, during the twelve- month period from the effec~e date of this Section, except where a vested right to the issuance of such approval accrued to any person, firm or corporation as a matter of law pdor to the effective date of this Section. Section 3. This Ordinance shall take effect upon publication, as provided by Passed, approved and adopted this 20th day of November, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published ofi~ifialiy in the Telegraph Herald newspaper this 29th day of November, 2000. Jeanne F. Schneider, City Clerk Robbins moved that the requirement that a proposed Ordinance be considered and voted on for passage at bye 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 Markham. Motion carded 7-0. An Ordinance Amending Chapter 42 (Subdivision Regulations) of the City of Dubuque Code of Ordinances by amending Section 42-16, to establish a moratorium for subdivision plats in the Southwest Arterial Corridor, presented and read, (OFFICIAL PUBLICATION) ORDINANCE NO. 103-00 AN ORDINANCE AMENDING CHAPTER 42 (SUBDIVISION REGULATIONS) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 42-16, TO ESTABLISH A MORATORIUM FOR SUBDIVISION PLATS IN THE SOUTHWEST ARTERIAL CORRIDOR. Whereas, the iowa Department of Transportafion (IDOT) is engaged in a study of the Southwest Artedal Corridor, which will include the determination of a preferred alignment; and Whereas, the IDOT has requested that the City. of Dubuque enact a twelve-month development moratorium for the Southwest Artedat Corridor;, and Whereas, the City of Dubuque desires to minimize potential development conflicts dudng this study by enacting a twelve-month development moratorium for the Southwest A,'tedal Corridor. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. Chapter 42 (Subdivision Regulations) of the City of Dubuque Code of Ordinances is hereby amended by amending Section 42-16 as follows: ! Section 42-16. Southwest Arterial Corridor Review:. No plat for any subdivision or resubdMsion of property in the Southwest Arterial Corridor, as delineated on the attached drawing, shall be approved by the City Council, Zoning AdMsory Commission or City Planner dudng the twelve-month pedod from the effective date of this Section, except where a vested right to the issuance of such approval accrued to any person, firm or corporation as a matter of law pdor to the effective date of this Section. Section 2. This Ordinance shall take effect upon publication, as provided by law. Passed, approved and adopted this 20th day of November, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 29th day of November, 2000, Jeanne F. Schneider, City Clerk It 11/29 Rebbins moved that the requirement that a proposed Ordinance be considered and voted on for passage 460 Regular Session, November 20, 2000 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 Markham. Motion carded 7-0. -Fischer Cold Storage Warehouse Asbestos Abatement Project: Proofs of publication on notice of headng on plans and specs and notice to bidders on the receipt of bids for the Fischer Cold Storage Warehouse Asbestos Abatement Project and City Manager recommending to award contract for project to Advanced Technologies Corporation in the amount of $3,200, presented and read. Buoi moved that the proofs and communication be received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 562-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 1st day of November, 2000, plansl specifications, and form of contract were flied with the City Clerk of Dubuque, Iowa for the Fischer Cold Storage Warehouse Asbestos Abatement 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, and form of contract are hereby approved as the plans, specifications, and form of contract for said improvements for said project. Passed, adopted and approved this 20th day of November, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by NichoJson. Motion carded 7-0. RESOLUTION NO. 663-00 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Fischer Cold Storage Warehouse Asbestos Abatement Project pursuant to Resolution No. 538-00 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 8th day of November, 2000. Wherees, said sealed proposa'Is were opened and read on the 17th day of November, 2000, and it has been determined that the bid of Advanced Technologies Corporation, of Cedar Falls, Iowa, in the amount of $3,200.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the contract fer the above improvement be awarded to Advanced Technologies Corporation and the i Manager be and is hereby directed to i 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 20th day of November, 2000. Terranca M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adop~on of the Resolution. Seconded by Nicholson. Motion carded 7-0. Crescent Ridge - Request to Vacate: Proof of publication on net~ce of headng to consider disposing of interest in Lot F of Mineral Lots 232 and 291 in the City of Dubuque, Iowa and City Manager recommending disposal of the property to McDermott Real Estate, presented and read. Robbins moved that the proof and communication be received and filed. Seconded by Michalskf. Motion carried 7-0. Larry McDermott spoke cladfying the request. RESOLUTION NO. 564-00 RESOLUTION DISPOSING OF CITY INTEREST IN LOT F OF MINERAL LOTS 232 AND 291, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hesdng, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on 11th day of November, 2000, the City Council of the City of Dubuque, Iowa met on the 20th day of November, 2000, at 6:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the safe of real estate described as: Regular Session, November 20, 2000 Lot F of Mineral Lots 232 and 291 in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and alt objections, omi or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque mai property described as Lot F of Mineral Lets 232 and 291 in the C~J of Dubuque, Dubuque County, Iowa, to McDermott Real Estate be and the same is hereby approved for the cost of publication, plating and tiling fees. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby author[zed and directed to deliver said deed of conveyance to McDermott Real Estate upon receipt of the publication and tiling fees. Section 3. That the City Clerk be and is hereby authorized and directed to record a carried copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 20th day of November, 2000. Torrance M. Duggan, Mayer Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Michaiski. Motion carded 7-0. Michaiski moved that the rule be reinstated limiting discussion to the Council. Seconded by Cline. Motion carded 7-0. ACTIONtTEMS Freedom, thc./Salina Street Reconstruction Project: Communication from Bdan J. Kane, representing Freedom, lac., requesting that their assessment for the Salina Street Reconstruction Project be reconsidered, presented and read. Buol moved that the communication be received and tiled. Seconded by Nichoisan. Motion carded 7-0. Attorney Brian Kane spoke requesting reconsideration, Southern Hi[ia Subdivision in Dubuque County - Final Plat: City Manager recommending approval of the final plat of Lots 30-61, inclusive, of Southern Hills SubdMsion in Dubuque County, presented and read. Robbins moved that the communications be received and filed. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 565-00 RESOLUTION APPROVING THE FINAL PLAT OF LOTS 30-61, INCLUSIVE, OF SOUTHERN HILLS SUBDIVISION AS COMPRISED OF LOT E OF SOUTHERN HILLS SUBDIVISION . Whereas, there has been tiled with the City Clerk a final plat of Lots 30~1, inclus'rve, of Southern Hills Subdivision as comprised of Lot E of Southern Hills Subdivision; and Whereas, upon said tinai plat appear street(s) to be known as Long Tail Lane and Kemp Court; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and has its approval endomed thereon, with the waiver of AdJc[e IV, Design and Improvement Standards of the SubdMsion Regulations, except for Section 42-19; and Whereas, said tinal plat has been reviewed by the City Planner and had her approval endorsed thereon; and Whereas, said tiaa{ plat has been examined by the City Council and they tind that it conforms to the statutes and ordinancss relating to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the tinai p~at of Lots 30.61, inclusive, of Southern Hi[is SubdMsion as comprised of Lot E of Southern Hills Subdivision in Dubuque County, Iowa, is hereby approved and the Mayor and City Council are hereby authorized and directed to endorse the approval of the City of Dubuque, Iow'a, upon said final plat Section 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 November, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Markham. Motion carded Crescent Heights Subdivision - Final Plat: City Manager recommending approval of the final plat of Crescent Regular Session, November 20, 2000 Heights SubdMsion, presented and read. Robbins moved that the communication be received and tiled. Seconded by Nicho[son. Motion carded 7-0. RESOLUTION NO. 566-00 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS I THRU 42 INCLUSIVE, OF BLOCK 1, LOTS 1 THRU 10 INCLUSIVE OF BLOCK 2, LOTS 1 THRU 22 INCLUSIVE, OF BLOCK 3, AND LOTS A, B, C, D AND E OF CRESCENT HEIGHTS SUBDMSION IN THE CITY OF DUBUQUE, IOWA -- ' Whereas, there has been filed with the City Clerk a final plat of Lots 1 thru 42 lnciusiva, of Block 1, Lots 1 thru 10 Inctusfve, of Block 2; Lots 1 thru 22 Inclusive, of Block 3, and Lots Al B, C, D and E of Crescent Heights SubdMsion in the City of Dubuque, Iowa; and Whereas, upon said final plat appeam streets to be known as Eclipse Circle (Lot A), Lunar Ddva (Lot B) and Nocturnal Lane (Lot C) together with certain public utility, sewer easements, storm water detention facility (Lot D) and park land (Lot E) which the owners by said final plat have dedicated to the public forever; and Whereas, said plat provides 0 feet of frontage for Lot D and 50 feet of frontage for Lot E, where 60 feet is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, the preliminaw plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 3 below;, and Whereas, said tinal 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Eclipse Circle (Lot A), Lunar Drive (Lot B), Nocturnal Lane (Lot C), storm water detention facility (Lot D), and park land (Lot E) together wffh the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot D to have 0 feet of frontage and Lot E to have 50 feet of frontage, where 60 feet of frontage is required. Section 3. That the plat of Lots t ~hru 42 Inclusive, of Block 1, Lots 1 thru 10 Inclusive, of Block 2, Lots 1 thru 22 Inclusive, of Block 3, and Lots A, B, C, D and E of Crescent Heights SubdMsion is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, lo,va, upon said final plat, provided the owners of said property herein named, execute their wdtten acceptance hereto attached agreeing: (a) To reduce Eclipse Circle (Lot A), Lunar Drive (Lot B) and Nocturnal Lane (Lot C) to grade, and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or w~ concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, in conformance with construddon improvement plans approved by the City Engineer, and inspected by the City Engineer. (b) To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the C~ Engineer, and inspected by the City Engineer. (c) To construct a storm water detention facility in a manner acceptable to the City Engineer, in accordance with the City of Dubuque standard specifications, in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (d) To construct said improvements, pror to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner (e) To maintain the public improvements, for a period of two (2) years from the date of the acceptance I of those improvements by the City of Dubuque, lo,va, at the sole expense of Regular Session, November 20, 2000 463 the owners, or future owner;, And, fuCd~er provided that said McDermott Real Estate, as owners of said property, shall secure the performance of the foregoing condi~ons 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 4; Sidewalk installation shall be the responsibility of the owner abut~ng the public tights-of-way, including lots with mu~Jple frontages, as required by City Code 41-161 through 41-164. The responsibitity shall extend to all successors, heire and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed Iots will not be required until 50% of the Iots approved by the plat have been developed. Ali vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat Section 5. The developer ~'li maintain the detention facility until it has been fully completed and 80% of the sum of the platted lots are fully developed and the remaining 20% of these lots have installed adequate erosion control measures as approved by the City. Upon the City's acceptance of the detention facility, the maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lot D) shall be assessed against Lots 1 through 42 Inclusive, of Block 1, Lots 1 through 10 Inclusive, of Block 2 and Lots 1 through 22 Inclusive, of Block 3, in equal amounts, and the City Manager shall cert~' such costs to the City Clerk, who in turn shall promptly ce~fy such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 6. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 7. That in the event McDermott Real Estate fails to execute the acceptance and [urnish the guarantees provided in Section 3 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 20th day of November, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the reselu~on. Seconded by NichoLson. Motion carded 7-0. Elected Officials Compensation Task Force: Council discussion on appointments to the Elected Officials Compensation Task Fome. Nicholson moved that all of the Council Members choose an individual to be part of the Elected Officials Compensation Task Force and that a recommendation be made before the end of January. Seconded by MichalskJ. Motion carried 7-0. As par[ of this Task Fome: Nicholson chose Katie Kdeg; Cline chose Jerry Westemeyer;, Duggan chose Ted Goodmann; Markham chose Ken-Hanson; Robbins chose Dave Baker, Bud chose Dan White. COUNCIL MEMBER REPORTS: Nicholson reported that he had been asked to fill an open seat on the Project Concern Board of Directors. Consensus of the Counc~ was that this would be appropriate. Nicholson reported that a voting delegate needed to be selected for the NLC Meeting in December. Michalski moved that Nicholson be the voting delegate. Seconded by BuoL Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Request to Vacate Lloyd Gudenkauf: City Manager recommending that a public hearing be set for December 4, 2000, to consider disposing of interest and to vacate a utitity easement over Lot 1 Block 4 of Patricia Ann Acres at the request of Lloyd Gudenkauf, and Lloyd S. Gudenkauf requesting vacation of an easement for utilizes on the westerly line of Lot 1, Block 4 of Patricia Ann Subdivision, presented and read. Buol moved that the communications be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 567-00 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE UTILITY EASEMENT OVER 464 Regular Session, November 20, 2000 LOT I BLOCK 4 PATRICIA ANN ACRES IN THE CITY OF DUBUQUE, IOWA, DUBUQUE COUNTY, IOWA Whereas, Lloyd S. Gudenkauf is the current owner of Lot I Block 4 Patticia Ann Acres; and Whereas, a 10-foot wMe utility easement is currently platted on the westedy side of said lot;, and Whereas, Lloyd S. Gudenkauf has pe~oned to vacate the easement in said lot. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. T~hatthe CityofDubuque intends to dispose of its interest and vacate a 10-foot wide utility easement over Lot I Block 4 Patdcia Ann Acres in the City of Dubuque, as shown on the attached Exhibit A: Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to be published as prescribed under Section 364.7 Code of Iowa, 1999 or amended. Passed, approved and adopted this 20~ day of November, 2000. ' Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution and fur[her set this for Public Hearing on 12/4/00 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 Cline. Motion carried 7-0. Demolition of Fischer Cold Storage Warehouse: City Manager submitting documents providing for demolition of the Fischer Cold Storage Warehouse and setting a public headng for December 18, 2000, presented and read. Michalski moved that the commun!cation be received and flied. Seconded by Robbins. Motion carded RESOLUTION NO. 568-00 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, and the form of contract for the Fischer Cold Storage Warehouse and Cardage Building Demolition and Site Clearance Project are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 20th day of November, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO 569-00 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 the form of contract and placed same on file in the office of the City Clerk for public inspection of the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 18th day of December 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 heating 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, adopted and approved this 20~ day of November, 2000. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 570-00 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the Requ ar Session, November 20, 2000 465 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 adverse for bids for the construction of the improvements herein provided, to be published in a newspaper having genera{ circulation-in the City of Dubuque, Iowa, which not:ce shall not be less than four days nor more than forty-five days pr[or to the receipt of said bids at 2:00 p.m. on the 7th day of December, 2000. Bids shall be opened and read by the City Clerk at said time and v~'ll be submitted to the Council for final action at 6:30 p.m. on the 18th day of December, 2000. ; - - Passed, adopted and approved this 20~ day of November, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, Cb Clerk Michaleid moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. NoAh Grandview at Delhi Project - Acceptance and Public Hearing: City Manager recommending acceptance of the concrete repairs on the North Grendview at Delhi Project in ff~e final amount of $124,337.05 and set'dng a public hearing for December 18, 2000 to consider the tinal schedule of assessments, presented and read. Markham moved that the communica§on be received and flied. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 571-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Concrete Repairs on North Grandview at Delhi Project has been completed and the City Manager has examined the work and tiled his certificate stating that the same has been completed according to the terms of the contract, plans and specitications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from tile Fiscal Year 2000 Capital Improvement Budget for Concrete Section Repairs in amount equal to the amount of this contract, less any ret.tined percentage provided for therein. Passed, approved and adopted this 20th day of November, 2000. Terranca M. Duggan, Mayor Attest: Jeanne F. Schneider, C~y Clerk Michsiski moved adoption of the Resolution. Seconded by Robbies. Motion carried 7-0. RESOLUTION NO. 572-00 FINAL ESTIMATE Whereas, the contract for the Concrete Repairs on North Grandview at Delhi Project has been completed and the Cb Engineer has submitted his tinal estimate showing the cost thereof including the cost of estimatee, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sedan 1. That the cost of said Improvement is hereby determined to be $124,337.05. Section 2. That $3,799.12 cf the cost thereof-shall be assessable upon private property and $120,537.93 shall be paid from the Fiscal Year 2000 Capital Improvement Budget for Concrete Section Repairs. Passed, approved and adopted this 20th day of November, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 573-00 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Ctark showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each let and the valuation of each lot as filed by the City Council, for the Concrete Repairs on North Grandview at Delhi Project NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIl_ OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the tinal consideration of this proposed resolution have on file with the City Clerk objections to the resolution of 466 Regular Session, November 20, 2000 necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality - of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such improvement wilt be assessed papally or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law, and in propo~on to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from the Fiscal Year 2000 Capital Improvement Budget for Concrete Section Repair, and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on tile with the CH C~erk this 20th day of November, 2000. Approved and placed on file for final action. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Robbins. Motion ~arded 7-0. RESOLUTION NO. 574-00 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of City Clerk for public inspection, for the Concrete Repairs on North Grandview at Delhi Project; and Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's Office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 18th day of December, 2000, a public hearing will be held at 6:30 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries o[the district, the cost, the assessment against any lot, or the tinal adoption of a resolution of necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such headng to be published in a newspaper having general circulation in the City of Dubuque, Iowa. which notice shall be published once each week for two consecu~e weeks, the first publication of which shall be not less than ten days pdor to the date fixed for its consideration: Unless property owners at the time of the final consideration of this proposed resolution have on De with the City Clerk objections to the ResoI~on of Necessity they shall be deemed to have waived all objections thereto. Passed, approved and adopted this 20th day of November, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Residential Parking Permit District "C" - Senior High School Area: City Manager recommending that a public hearing be set for December 4, 2000 on a proposed amendment to Residential Parking Permit District "C" on po~ons of North Grandview and Rosedale Street, presented and read. Robbins moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 575-00 RESOLUTION SETTING A PUBLIC HEARING ON AMENDING RESIDENTIAL PARKING PERMIT DISTRICT "C" AS DEFINED BY SECTION 32-395 OF THE CODE OF ORDINANCES TO INCLUDE PARTS OF NORTH GRANDVIEW AVENUE AND ROSEDALE STREET Whereas, the City of Dubuque, pursuant to Section 32-383 of the Code of Ordinances, has received a pet~on containing sufficient signatures that an area described as foliowa be included lin Residential Parking Permit District "Ct'~orth" Grandview Avenue, south side, from Avoca Street to the east ! property line of 1961 Nor(h Grsndview Reqular Session, November 20, 2000 467 Rosedale Street, south side, from Avoca Street to the alley east of St. Ambrose Street;, Rosedale Street, north side, from Avoca' Street to the west property line of 2095 Rosedale Street; and Whereas, pursuant to said Sec'don 32-383, the C~ Manager has caused a paddng study of the area identified above to be undertaken; and Whereas, the City Manager, based upon the results of the study, and in accordance with Section 32-383, recomr~ends that the area be designated as a Residential Parking · Permit Distfict~ ~n~l~; that .'existing Residential Parking Permit District should be amended to include: North Grendview Avenue, south side, from Avoca St~eat to the east property line of 1961 North Grandview Avenue. Rosedale Street, south side, from Avoca Street to the alley east of St Ambrose Street Rosedale Street, north side, from Avoca Street to the west property line of 2095 Rosedale Street. and that the City Counc~ set a public headng on the petition to estabtish such area as a Residential Parking Permit Distdct and the hours such parking restrictions are to be in effect NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section t. That the City Council finds and determines that a valid posen has been received for the designation of the above descdbed area as a Residential Parking Permit Distdct Section 2. That the Residential Parking Permit District hours be effective between the hours of 7:30 a.m. and 10:00 p.m. daily, except Sundays and holidays. Section 3. That the City Clerk be / authorized and directed to publish a~ notice of public headng on the designation of the above described area as a Residential Parking Permit Diatdct, to be held on 4m day of December, 2000. Passed, approved, and adopted this 20th day of November, 2000. Torrance M. Duggan, Mayor Attest Jeanne F. Schneider, C~ Clerk Robbins moved adoption of the Resolution setting a public headng on amending Residential Parking Permit Distdct "C" as defined by Section 32- 395 of the Cede of Ordinances to include parts of NoAh Grandvi.~- Avenue and RosedaJe ~;treet for 12/4/00 at ~.30 P;M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescdbed by law. Seconded by Markham. Motion carded 7-0. At 7;59 P.M. Michalski moved to go into Closed Session re: Pending Litigation and Property Acquisition (iowa Code §21.5(1)(c)(j). Seconded by Buol. Motion carded 7-0. At 9;39 P.M. Council reconvened Regular Session stating that Staff had been given direction. There being no further business, Michsiski moved to adjourn. Seconded by Bual. Motion carded 7-0. The meeting adjourned at 9:40 P.M. /s/Jeanne F. Schneider j/~ Clerk / pro , 2OOl ,st:/ ~ Clerk 4RR Special Session, November 29, 2000 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, SpeciaJ Session, November 29, 2000 Council met [n special session at 5:30 p.m. at the F-~ve Flags Holiday Inn - Blue Moon Room Present; Mayor Duggan, Council Members Buol, Cline, MichalsPJ, Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barn/ Lindahl Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing legisla*~ve issues. The City Council, County Board of Supe,Msors, School Board Membem, and representaSvss of the Parochial School , system met with area legislators'to discuss issues of concern for the upcoming legislative session. There being no further business, upon consensus meeting adjourned atJ 8:45 p.m. /s/Jeanne F. Schneider City Clerk ~,pprovecj~/'~:'', 2001 'do0~':~'~'~'~ ~-~ ~01 A~e~ . '~ Clerk