Loading...
1997 November Council Proceedings Regular Session, November 3, 1997 NOTICE OF CLAIMS/SUITS — Cecilia DUBUQUE Dement in amount of $342.17 for vehicle damages; Harold Hovind in amount of $819.41 for vehicle damages; Louis LuGrain d/b/a CITY COUNCIL Interstate Contractors in amount of $90.25 for building permit refund payment; Todd Steege in amount of $62.54 for towing charges; Char- OFFICIAL les J. Stemper in unknown total amount, for PROCEEDINGS personal injuries; James C. Wachtel in a- mount of $267.55 for vehicle damages, pre- sented and read. Council Member Voetberg City Council, Regular Session, November moved that the claims and suits be referred to 3, 1997. the Legal Staff for investigation and report. Council Met at 7:00 p.m., Public Library Seconded by Council Member Robbins. Auditorium. Motion carried 7-0. Present: Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Jeff Robbins appealing the denial of his Voetberg, City Manager Michael Van Milligen, claim for vehicle damages, presented and Corporation Counsel Barry A. Lindahl. read. Council Member Voetberg moved that the appeal be referred to the Legal Staff for Mayor Duggan read the call and stated this investigation and report. Seconded by Council is the Regular Session of the City Council Member Robbins. Motion carried 7-0. called for the purpose to act upon such busi- ness which may properly come before the Corporation Counsel advising following Council. claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Invocation was given by Joan Haug, Chap- Communities Assurance Pool: Property dam- lain of Mercy Health Center. age of Joseph and Janice Healey; Property damage of Joe Meyer; Personal injury of PROCLAMATIONS — November asJenna Sarazin and Vehicle damage of Ther- “National Hospice Month” received by Caroleesa Shappell, presented and read. Council Carroll; November as “Alzheimer’s DiseaseMember Voetberg moved that the communica- Public Awareness Month” received by Sistertions be received and filed. Seconded by Michelle Nemmers; Nov. 10-16 as “YouthCouncil Member Robbins. Motion carried 7-0. Appreciation Week” received by Optimists’ Presidents Kathy Sturm and Jan Northhouse; City Manager recommending acceptance of Nov. 9-15 as “Operating Room Nurse Week” Modifications to the HVAC System at the Five received by Karen Gronen; Nov. 2-8 as “Key Flags Center, presented and read. Council Club Week” received by Cindy Kohlmann. Member Voetberg moved that the communica- tion be received and filed. Seconded by MINUTES SUBMITTED — Five Flags Council Member Robbins. Motion carried 7-0. Commission of 9-15; Housing Code Appeals Board of 8-19; Human Rights Commission of 9-8; Investment Oversight Advisory Commis- RESOLUTION 450-97 sion of 10-15-97; Long Range Planning Advi- ACCEPTING IMPROVEMENT sory Commission of 10-15; Public Library WHEREAS, the contract for the MODIFI- Board of Trustees of 10-2; Park & Recreation CATIONS TO THE HVAC SYSTEM AT THE Commission of 10-14, presented and read. FIVE FLAGS CENTER PROJECT has been Council Member Voetberg moved that the that completed and the City Manager has exam- the minutes be received and filed. Seconded ined the work and filed his certificate stating by Council Member Robbins. Motion carried that the same has been completed according 7-0. to the terms of the contract, plans and specifi- cations and recommends its acceptance. Investment Oversight Commission submit- NOW, THEREFORE, BE IT RESOLVED, ting 19th quarterly report, presented and read. by the City Council of the City of Dubuque, Council Member Voetberg moved that the Iowa, that the recommendation of the City report be received and filed. Seconded by Manager be approved and that said improve- Council Member Robbins. Motion carried 7-0. ment be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay Proofs of Publication on publishing Council to the contractor from the General Fund in Proceedings for minutes of 9-29 & 10-6 and amount equal to the amount of his contract, Proof of Publication on List of Claims and less any retained percentage provided for Summary of Revenues for month ending 9-30-therein. 97, presented and read. Council MemberPassed, approved and adopted this 3rd day Voetberg moved that the proofs be receivedof November, 1997. and filed. Seconded by Council MemberTerrance M. Duggan, Mayor Robbins. Motion carried 7-0. Attest: Mary A. Davis, City Clerk Regular Session, November 3, 1997 Council Member Voetberg moved adoptionWhereas, since December 19, 1988 the of the Resolution. Seconded by CouncilCity Council of the City of Dubuque, Iowa has Member Robbins. Motion carried 7-0. adopted certain ordinances amending the Code of Ordinances and said amendments RESOLUTION 451-97have been printed as supplements to the Code FINAL ESTIMATEof Ordinances; and WHEREAS, the contract for the MODIFI-Whereas, Section 380.8 of the Code of CATIONS TO THE HVAC SYSTEM AT THEOrdinances provides that supplements, by FIVE FLAGS CENTER PROJECT has beenresolution, become part of the Code of Ordi- completed and the Engineer has submitted hisnances. final estimate showing the cost thereof includ-NOW THEREFORE, BE IT RESOLVED ing the cost of estimates, notices and inspec-BY THE CITY COUNCIL OF THE CITY OF tion and all miscellaneous costs;DUBUQUE, IOWA: NOW, THEREFORE, BE IT RESOLVED,Section 1. That Supplement No. 34 of the by the City Council of the City of Dubuque,Code of Ordinances of the City of Dubuque, Iowa:Iowa, covering Ordinances through Ordinance Section 1. That the cost of said improve-No. 44-97 enacted through August 4, 1997 ment is hereby determined to be $260,000 andand prepared by the Sterling Codifers, Inc., the said amount shall be paid from the Gen-Weiser, ID hereto filed in the Office of the City eral Fund of the City of Dubuque, Iowa.Clerk of the City of Dubuque, Iowa be and is Passed, approved and adopted this 3rd dayhereby adopted and becomes part of the Code of November, 1997.of Ordinances of the City of Dubuque, Iowa. Terrance M. Duggan, MayorPassed, approved and adopted this 3rd day Attest: Mary A. Davis, City Clerkof November, 1997. Council Member Voetberg moved adoptionTerrance M. Duggan, Mayor of the Resolution. Seconded by CouncilAttest: Mary A. Davis, City Clerk Member Robbins. Motion carried 7-0. Council Member Voetberg moved adoption of the Resolution. Seconded by Council Iowa DOT advising of their intent to dis-Member Robbins. Motion carried 7-0. pose of City Lot 121A (Parcel No. 364) located on First Street and City Lot 307A (Parcel No.City Manager recommending approval to 205 & 337) located in alley near 5th Street andenter into an agreement with Benjamin H. Lacy Central Ave., presented and read. Councilto renovate the memorial fountain in Jackson Member Voetberg moved that the communica-Park, presented and read. Council Member tion be received and filed. Seconded byVoetberg moved that the communication be Council Member Robbins. Motion carried 7-0.received and filed and recommendation ap- proved. Seconded by Council Member Rob- bins. J. F. Thompson and Tom Thompson ex- pressing appreciation regarding purchase ofDubuque Ready-Mix Inc., a division of W. portion of City property on First and Locust,C. Stewart Construction Inc., advising of not presented and read. Council Member Voet-bidding City’s contract for supplying ready berg moved that the communication be re-mixed concrete to the City and City Manager ceived and filed. Seconded by Council Mem-responding to comments of Stewart Construc- ber Robbins. Motion carried 7-0. tion, presented and read. Council Member Michalski moved that the communications be Josie Germaine submitting resignation fromreceived and filed. Seconded by Council Housing Commission and Kevin R. GeraciMember Nicholson. Motion carried 7-0. submitting resignation from Zoning Advisory Commission, presented and read. CouncilCity Manager submitting Auxiliary Police Member Voetberg moved that the communi-Report, presented and read. Council Member cations be received and filed and resignationsVoetberg moved that the report be received accepted with regret. Seconded by Robbins.and filed. Seconded by Council Member Motion carried 7-0. Robbins. Motion carried 7-0. City Manager recommending approval ofCity Manager recommending approval of Supplement #34 to City Code, presented andPolice Towing Contract with Wenzel Towing read. Council Member Voetberg moved thatInc., presented and read. Council Member the communication be received and filed.Voetberg moved that the communication be Seconded by Council Member Robbins.received and filed and recommendation ap- Motion carried 7-0. proved. Seconded by Council Member Rob- bins. Motion carried 7-0. RESOLUTION NO. 452-97 ADOPTING SUPPLEMENT NO. 34 TO THECity Manager submitting HUD Review of CODE OF ORDINANCES OF THE CITY OFSubrecipent Procedures, presented and read. DUBUQUE, IOWACouncil Member Voetberg moved that the Whereas, under date of July 17, 1989, thecommunication be received and filed. Sec- City Council, pursuant to Ordinance No. 34-onded by Council Member Robbins. Motion 89, readopted the Code of Ordinances of thecarried 7-0. City of Dubuque, Iowa for ordinances adopted up to and including December 19, 1988; andCity Manager submitting information on Regular Session, November 3, 1997 procedure to establish “No Passing Zone” onENVIRONMENTAL STEWARDSHIP Kelly Lane, presented and read. CouncilCOMMISSION: Applicant: Beth Lynch. No Member Voetberg moved that the communica-one spoke. tion be received and filed. Seconded by Council Member Robbins. Motion carried 7-0.Council Member Nicholson moved that the rules be suspended to allow anyone present to address the Council if they so desire. Sec- RESOLUTION NO. 453-97onded by Council Member Buol. Motion Whereas, applications for Beer Permitscarried 7-0. have been submitted and filed to this Council for approval and the same have been exam-Proof of publication certified to by the ined and approved; and Publisher on Notice of Public Hearing to Whereas, the premises to be occupied byreclassify property at 990 North Booth Street such applicants were inspected and found tofrom R-1 to R-2 District as requested by Wm. comply with the Ordinances of this City andEisbach; Petition containing 29 signatures have filed proper bonds.consenting to change as requested; Petition NOW, THEREFORE, BE IT RESOLVEDcontaining 14 signatures opposing proposed BY THE CITY COUNCIL OF THE CITY OFrezoning, presented and read. Council Mem- DUBUQUE, IOWA:ber Voetberg moved that the proof and peti- That the Manager be authorized to cause totions be received and filed. Seconded by be issued the following named applicants aCouncil Member Nicholson. Motion carried 7- Beer Permit.0. CLASS ‘C’ BEER PERMITS Molo Oil Co.Big 10 Mart/Car WashCouncil Member Mr. Wm. Eisbach spoke + (Sunday Sale)1875 JFK Rd.requesting rezoning. Zoning Commissioner Rainbo Oil Co.Kwik Stop Food MartJeff Stiles gave report. Peter Slade, 988 N. +(Sunday Sale)2297 UniversityBooth, on behalf of those opposed, objected to Passed, approved and adopted this 3rd dayproposed rezoning. November, 1997. Terrance M. Duggan, MayorAn Ordinance Amending Zoning Map by Attest: Mary A Davis, City Clerkreclassifying property located at 990 North Council Member Voetberg moved adoptionBooth Street from R-1 Single-Family Residen- of the Resolution. Seconded by Counciltial District to R-2 Two-Family Residential Member Robbins. Motion carried 7-0. District, said Ordinance denied by Zoning Advisory Commission, presented at Council RESOLUTION NO. 454-97meeting of 10-20-97 with no readings given, Whereas, applications for Liquor Licensesnow presented for further action. have been submitted to this Council for ap- proval and the same have been examined and(OFFICIAL PUBLICATION) approved; andORDINANCE NO. 61-97 Whereas, the premises to be occupied byAN ORDINANCE AMENDING APPENDIX A such applicants were inspected and found to(THE ZONING ORDINANCE) OF THE CITY comply with the State Laws and all City Ordi-OF DUBUQUE CODE OF ORDINANCES, nances relevant thereto and they have filedBY RECLASSIFYING HEREINAFTER DE- proper bonds.SCRIBED PROPERTY LOCATED AT 990 NOW, THEREFORE, BE IT RESOLVEDNORTH BOOTH STREET FROM R-1 BY THE CITY COUNCIL OF THE CITY OFSINGLE-FAMILY RESIDENTIAL DISTRICT DUBUQUE, IOWA:TO R-2 TWO-FAMILY RESIDENTIAL DIS- That the Manager be authorized to cause toTRICT. be issued the following named applicants aNOW, THEREFORE, BE IT ORDAINED Liquor License.BY THE CITY COUNCIL OF THE CITY OF CLASS “C” (COMMERCIAL)DUBUQUE, IOWA: BEER/LIQUOR LICENSESection 1. That Appendix A (the Zoning Sun’s Corp.Yen Ching Restr.Ordinance) of the City of Dubuque Code of + (Sunday Sale)926 Main St.Ordinances is hereby amended by reclassify- Passed, approved and adopted this 3rd daying the hereinafter described property from R- of November, 1997.1 Single-Family Residential District to R-2 Terrance M. Duggan, MayorTwo-Family Residential District, to wit: Attest: Mary A. Davis, City ClerkLot 6 and the North 10 feet of Lot 5 of Marsh’s Council Member Voetberg moved adoptionDubuque #2, and to the center line of the of the Resolution. Seconded by Counciladjoining public right-of-way, all in the City of Member Robbins. Motion carried 7-0. Dubuque, Iowa. Section 2. The foregoing amendment has BOARDS AND COMMISSIONS:heretofore been reviewed by the Zoning Advi- Applicants interested in serving on thesory Commission of the City of Dubuque, following Commissions to address the Coun-Iowa. cil.Section 3. This ordinance shall take effect immediately upon publication, as provided by HOUSING COMMISSION: M. Susan Rinklaw. and Thomas Swift II. No one spoke.Passed, approved and adopted this 3rd day of November, 1997. Regular Session, November 3, 1997 Terrance M. Duggan, MayorORDINANCE 8-96, WHICH ADOPTED REG- Attest: Mary A. Davis, City ClerkULATIONS FOR HEREINAFTER DE- Published officially in the Telegraph HeraldSCRIBED PROPERTY LOCATED NEAR THE INTERSECTION OF CRESCENT newspaper this 7th day of November, 1997. RIDGE ROAD AND STARLIGHT DRIVE, 1t 11/7Mary A. Davis CMC, City Clerk LOCATED IN A PUD PLANNED UNIT DE- Council Member Voetberg moved that the VELOPMENT DISTRICT WITH A PR PLAN- requirement that a proposed Ordinance be NED RESIDENTIAL DESIGNATION. considered and voted on for passage at two NOW, THEREFORE, BE IT ORDAINED Council Meetings prior to the meeting at which BY THE CITY COUNCIL OF THE CITY OF it is to be finally passed be suspended. Sec- DUBUQUE, IOWA: onded by Council Member Nicholson. Motion Section 1. Appendix A (the Zoning Ordi- carried 7-0. Council Member Voetberg moved nance) of the City of Dubuque Code of Ordi- final consideration and passage of the Ordi- nances is hereby amended by amending nance. Seconded by Council Member Nichol- Ordinance 8-96, which adopted regulations for son. Motion carried 7-0. the property described below and located at the intersection of Crescent Ridge Road and Proof of publication certified to by the Starlight Drive, located in a PUD Planned Unit Publisher on Notice of Public Hearing to Development with a PR Planned Residential reclassify property located at end of Radford Court from C-2 to CS District as requested bydesignation and adopting a conceptual devel- Radford Road Development, presented andopment plan, a copy of which is attached to read. Council Member Buol moved that theand made a part hereof, with conditions as communication be received and filed. Sec-stated below, to wit: onded by Council Member Krieg. MotionLot 5 of Hansel’s Addition and to the center carried 7-0. line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Gene Sullivan and Ernst Quade spokeSection 2. Pursuant to Iowa Code Section requesting rezoning for a mini-warehouse.414.5 (1993), and as an express condition of Mark Wall, Tom Prochaska and Kay Spuhler,the reclassification, the undersigned property all spoke objecting to requested rezoning. owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and imposed to sat- An Ordinance Amending Zoning Map by isfy the public needs that are caused directly reclassifying property located at end of Rad- by the zoning reclassification: ford Court from C-2 Neighborhood Shopping A.Use Regulations. Center District to CS Commercial Service and The following regulations shall apply to all Wholesale District, said Ordinance denied by uses made of land in the above described Zoning Advisory Commission, presented at PUD District: Council meeting of 10-20-97 with no readings 1)Principal permitted uses of the PR Planned given, now presented for further action. Coun- Residential development shall be limited to: cil Member Buol moved to concur with the CTwo (2) senior apartment buildings with 50 denial of the Zoning Advisory Comm. Sec- dwelling units per building—[3]. onded by Krieg. Motion carried 7-0. CAssisted living facility—[2]. CSingle-family residential dwelling (de- Proof of publication certified to by the tached)—[11]. Publisher on Notice of Public Hearing to CChurches—[7]. consider amendment to Ordinance No. 8-96 [ ] Parking group as per Section 4-2 of the regarding regulations for property located near Zoning Ordinance. intersection of Crescent Ridge Rd. and Star- 3)Accessory uses shall include any use light Dr., presented and read. Council Mem- customarily incidental and subordinate to ber Voetberg moved that the proof be received the principal use it serves. and filed. Seconded by Council Member B.Lot and Bulk Regulations. Nicholson. Motion carried 7-0. Development of land in the PUD District Tim Puls spoke requesting rezoning givingshall be regulated as follows: specifics of the project. 1)All multi-family residential structures in the Planned Residential development shall An Ordinance Amending Ordinance No. 8-meet bulk regulations set forth in the Zon- 96, which adopted Regulations for propertying Ordinance for the R-4 Multi-Family located near the intersection of CrescentResidential District, with the exception of lot Ridge Road and Starlight Drive, located in aarea and building setbacks, which should PUD Planned Unit Development District withconform with that shown on the attached a PR Planned Residential Designation, firstconceptual plan. and second readings given 10-20-97, now2)Lots for single-family dwellings shall meet presented for further action. bulk regulations set forth in the Zoning Ordinance for the R-1 Single-Family Resi- dential District. (OFFICIAL PUBLICATION) C.Performance Standards. ORDINANCE NO. 62-97 The development and maintenance of uses AN ORDINANCE AMENDING APPENDIX A in this PUD District shall be established in (THE ZONING ORDINANCE) OF THE CITY conformance with Section 3-5.5 of the OF DUBUQUE CODE OF ORDINANCES Zoning Ordinance and the following stan- PROVIDING FOR THE AMENDMENT OF Regular Session, November 3, 1997 dards:cepted as part of this reclassification ap- 1)Proposed public streets in the Plannedproval within ten (10) days after the adop- Residential development shall be designedtion of this ordinance. This ordinance shall and built to City Engineering specifications.be binding upon the undersigned and 2)Erosion control devices shall be providedhis/her heirs, successors and assigns. during all phases of construction of theSection 3. The foregoing amendment has Planned Residential development.heretofore been reviewed by the Zoning Com- 3)Parking requirements for allowed usesmission of the City of Dubuque, Iowa. shall be as per the parking group for theSection 4. The foregoing amendment shall designated use, in accordance with Sectiontake effect upon publication, as provided by 4-2 of the Zoning Ordinance.law. 4)Sidewalks shall be provided adjoining allPassed, approved and adopted this 3rd day public streets including Starlight Drive.of November, 1997. 5)Storm water detention facilities will beTerrance M. Duggan, Mayor installed as per City Engineering require-ATTEST: Mary A. Davis, City Clerk ments.ACCEPTANCE OF ORDINANCE 6)Final site development plans shall be sub-NO. 62-97 mitted in accordance with Section 4-4 ofI, Richard V. Hansel, property owner, and the Zoning Ordinance of the City of Du-I, Charles V. Heath, authorized member repre- buque, Iowa, prior to construction of anysenting Horizon Development Group, Inc., buildings.which has an option to purchase the subject D.Open Space and Recreational Areasproperty, having read the terms and conditions Open space and landscaping in the PUDof the foregoing Ordinance No. 62-97 and District shall be regulated as follows:being familiar with the conditions thereof, 1)Those areas not designated on the concep-hereby accept the same and agree to the tual plan for development shall be main-conditions required therein. tained as open space, as defined by Sec-Dated this 3rd day of November, 1997. tion 8 of the Zoning Ordinance, by theBy: /s/Richard V. Hansel property owner and/or association.By: /s/ Charles V. Heath E.Sign Regulations.Published officially in the Telegraph Herald Signs in the PUD District shall be regulatednewspaper this 7th day of November, 1997. as follows: 1t 11/7Mary A. Davis CMC, City Clerk 1)Signs shall be allowed in the Planned Council Member Voetberg moved final Residential development in accordance consideration and passage of the Ordinance. with the R-1 sign regulations of the Zoning Seconded by Council Member Nicholson. Ordinance. Motion carried 7-0. F.Additional Standards. 1)That all previously approved conceptual An Ordinance Amending Ordinance No. 8- development plans are hereby amended to 96, which adopted regulations for property allow for the attached conceptual develop- located at 395 Cedar Cross Road, located in ment plan. a PUD Planned Unit Development District with 2)That the attached conceptual development a PC Planned Commercial Designation, pre- plan shall constitute a preliminary subdivi- sented and read. sion plat, in accordance with Chapter 42, Subdivision Regulations, of the City of (OFFICIAL PUBLICATION) Dubuque Code of Ordinances. ORDINANCE NO. 63-97 G. Transfer of Ownership AN ORDINANCE AMENDING APPENDIX A Transfer of ownership or lease of property (THE ZONING ORDINANCE) OF THE CITY in this PUD District shall include in the OF DUBUQUE CODE OF ORDINANCES transfer or lease agreement a provision that PROVIDING FOR THE AMENDMENT OF the purchaser or lessee acknowledges ORDINANCE 8-96, WHICH ADOPTED REG- awareness of the conditions authorizing the ULATIONS FOR HEREINAFTER DE- establishment of the district. SCRIBED PROPERTY LOCATED AT 395 H.Reclassification of Subject Property. CEDAR CROSS ROAD, LOCATED IN A The City of Dubuque, Iowa, may initiatePUD PLANNED UNIT DEVELOPMENT zoning reclassification proceedings to theDISTRICT WITH A PC PLANNED COM- AG Agricultural District in accordance withMERCIAL DESIGNATION. Section 6 of the Zoning Ordinance if theNOW, THEREFORE, BE IT ORDAINED property owner(s) fail(s) to complete orBY THE CITY COUNCIL OF THE CITY OF maintain any of the conditions of this ordi-DUBUQUE, IOWA: nance.Section 1. Appendix A (the Zoning Ordi- I.Modifications.nance) of the City of Dubuque Code of Ordi- Any modifications of this Ordinance mustnances is hereby amended by amending be approved by the City Council in accor-Ordinance 8-96, which adopted regulations for dance with zoning reclassification proceed- the property described below and located at ings of Section 6 of the Zoning Ordinance. 395 Cedar Cross Road in a PUD Planned Unit J.Recording. Development District with a PC Planned A copy of this ordinance shall be recorded Commercial designation and adopting a con- at the expense of the property owner(s) ceptual development plan, a copy of which is with the Dubuque County Recorder as a attached to and made a part hereof, with permanent record of the conditions ac- conditions as stated below, to wit: Regular Session, November 3, 1997 Lot 4 of Hansel’s addition and to the centernance. line of the adjoining public right-of-way, all4)Sidewalks shall be provided adjoining all in the City of Dubuque, Iowa.public streets including Starlight Drive and Section 2. Pursuant to Iowa Code SectionCedar Cross Road. 414.5 (1993), and as an express condition of5)Storm water detention facilities will be the reclassification, the undersigned propertyinstalled as per City Engineering require- owner(s) agree(s) to the following conditions,ments. all of which the property owner(s) further6)Final site development plans shall be sub- agree(s) are reasonable and imposed to sat-mitted in accordance with Section 4-4 of the isfy the public needs that are caused directlyZoning Ordinance of the City of Dubuque, by the zoning reclassification:Iowa, prior to construction of any buildings. A.Use Regulations.No commercial building shall be constructed The following regulations shall apply to allunless it was included in final site develop- uses made of land in the above describedment plans submitted on a building by building PUD District:basis as the site develops and approved by 1)Principal permitted uses of the PC Plannedthe Zoning Advisory Commission and City Commercial development shall be limitedCouncil. to: D.Open Space and Recreational Areas a)Public or quasi-public utilities includingOpen space and landscaping in the PUD substations—[47].District shall be regulated as follows: b)Mortuary/funeral home-[6].1)A screen of deciduous and evergreen trees c)General office—[14].shall be planted along Starlight Drive and d)Medical office/clinic—[36].Cedar Cross Road to act as a buffer between e)Dental/medical lab—[8].the proposed Planned Commercial develop- f)Barber/beauty shops—[16].ment and the adjacent existing residential g)Retail sales/service—[17].development. Evergreen screening to be 6 h)Laundry/dry cleaner—[19].feet in height within three growing seasons I)Shoe repair—[18].shall be planted 5 feet on center in this buffer. j)Indoor restaurant—[20].2)Those areas not designated on the concep- k)Supermarket—[17].tual plan for development shall be maintained l)Tailoring/alterations—[18].as open space, as defined by Section 8 of the m) Furniture/home furnishing—[27].Zoning Ordinance, by the property owner n)Appliance sales/service—[27].and/or association. o)Drive-up automated bank teller—[8].3) Building pads shall be maintained below the p)Animal hospital/clinic—[23].grade of Cedar Cross Road and Starlight q)Photographic studio—[23].Drive. r)Neighborhood shopping center—[17].E.Sign Regulations. s)Business services—[29].Signs in the PUD District shall be regulated as t)Banks/savings and loans, credit un-follows: ions—[31].1)Signs shall be allowed in the Planned u)Indoor amusement center—[23].Commercial development in accordance with v)Indoor recreation facilities—[37].the C-2 sign regulations of Section 4-3.11 of [ ]Parking group as per Section 4-2 of thethe Zoning Ordinance. Zoning Ordinance.F.Additional Standards. 2)Accessory uses shall include any use1)That all previously approved conceptual customarily incidental and subordinate to thedevelopment plans are hereby amended to principal use it serves.allow for the attached conceptual development B.Lot and Bulk Regulations.plan. Development of land in the PUD District shallG.Transfer of Ownership be regulated as follows:Transfer of ownership or lease of property in 1)All buildings and structures in the Plannedthis PUD District shall include in the transfer Commercial development shall meet bulkor lease agreement a provision that the pur- regulations set forth in the Zoning Ordinancechaser or lessee acknowledges awareness of for the C-2 Neighborhood Shopping Centerthe conditions authorizing the establishment of District, with the exception that building heightthe district. shall be limited to 25 feet. H.Reclassification of Subject Property. C.Performance Standards.The City of Dubuque, Iowa, may initiate zoning The development and maintenance of uses inreclassification proceedings to the AG Agricul- this PUD District shall be established in con-tural District in accordance with Section 6 of formance with Section 3-5.5 of the Zoningthe Zoning Ordinance if the property owner(s) Ordinance and the following standards:fail(s) to complete or maintain any of the 1)Proposed public streets in the Plannedconditions of this ordinance. Commercial development shall be designedI. Modifications. and built to City Engineering specifications.Any modifications of this Ordinance must be 2)Erosion control devices shall be providedapproved by the City Council in accordance during all phases of construction of the Plan-with zoning reclassification proceedings of ned Commercial development.Section 6 of the Zoning Ordinance. 3)Parking requirements for allowed uses inJ.Recording. the PC developments shall be as per theA copy of this ordinance shall be recorded at parking group for the designated use, in ac-the expense of the property owner(s) with the cordance with Section 4-2 of the Zoning Ordi-Dubuque County Recorder as a permanent Regular Session, November 3, 1997 record of the conditions accepted as part ofAttest: Mary A. Davis, City Clerk this reclassification approval within ten (10)Council Member Michalski moved adoption days after the adoption of this ordinance. Thisof the Resolution. Seconded by Council ordinance shall be binding upon the under-Member Buol. Motion carried 7-0. signed and his/her heirs, successors and assigns.RESOLUTION NO. 456-97 Section 3. The foregoing amendment hasRESOLUTION WITH RESPECT TO THE heretofore been reviewed by the Zoning Com-ADOPTION OF THE RESOLUTION OF mission of the City of Dubuque, Iowa.NECESSITY PROPOSED FOR THE FRE- Section 4. The foregoing amendment shallMONT AVENUE SANITARY SEWER EX- take effect upon publication, as provided byTENSION law.Whereas, the City Council has proposed a Passed, approved and adopted this 3rd dayResolution of Necessity for the Fremont Ave- of November, 1997.nue Sanitary Sewer Extension, has given Terrance M. Duggan, Mayornotice of the public hearing thereon as re- ATTEST: Mary A. Davis, City Clerkquired by law; and ACCEPTANCE OF ORDINANCEWhereas, the public hearing has been held, NO. 63-97all persons offering objections have been I, Richard V. Hansel, property owner,heard and consideration given to all objections having read the terms and conditions of theand is pending before this Council; and foregoing Ordinance No. 63-97 and beingWhereas, this is the time and place set as familiar with the conditions thereof, herebyprovided for the taking of action on the pro- accept the same and agree to the conditionsposed Resolution of Necessity. required therein.NOW THEREFORE, BE IT RESOLVED Dated this 3rd day of November, 1997.BY THE CITY COUNCIL OF THE CITY OF By /s/ Richard V. HanselDUBUQUE, IOWA: Published officially in the Telegraph HeraldThat the proposed Resolution of Necessity newspaper this 7th day of November, 1997.described above is hereby: 1t 11/7Mary A. Davis CMC, City Clerk Adopted, without amendment, and all ob- Council Member Voetberg moved that thejections filed or made having been dully requirement that a proposed Ordinance beconsidered are overruled. Passed, adopted and approved this 3rd day considered and voted on for passage at two of November, 1997. Council Meetings prior to the meeting at which Terrance M. Duggan, Mayor it is to be finally passed be suspended. Sec- Attest: Mary A. Davis, City Clerk onded by Council Member Nicholson. Motion Council Member Michalski moved adoption carried 7-0. Council Member Voetberg moved of the Resolution. Seconded by Council final consideration and passage of the Ordi- Member Buol. Motion carried 7-0. nance. Seconded by Council Member Nichol- son. Motion carried 7-0. RESOLUTION NO. 457-97 ORDERING BIDS Proofs of Publication on Notice of Hearing NOW THEREFORE, BE IT RESOLVED on Plans & Specifications and Notice to Prop- BY THE COUNCIL OF THE CITY OF DU- erty Owners regarding Resolution of Necessity BUQUE, IOWA: for Fremont Avenue Sanitary Sewer Exten- That the Fremont Avenue Sanitary Sewer sion, presented and read. Council Member Extension is hereby ordered to be advertised Michalski moved that the communication be for bids for construction. received and filed. Seconded by Council BE IT FURTHER RESOLVED, that the Member Buol. Motion carried 7-0. amount of the security to accompany each bid shall be in an amount which shall conform to RESOLUTION NO. 455-97 the provisions of the notice to bidders hereby RESOLUTION ADOPTING approved as a part of the plans and specifica- PLANS AND SPECIFICATIONS tions heretofore adopted. Whereas, on the 1st day of October, 1997, plans, specifications, form of contract andThat the City Clerk is hereby directed to estimated cost were filed with the City Clerk ofadvertise for bids for the construction of the Dubuque, Iowa for the Fremont Avenue Sani-improvements herein provided, to be published tary Sewer Extension.in a newspaper having general circulation in Whereas, notice of hearing on plans, speci-the City of Dubuque, Iowa, which notice shall fications, form of contract, and estimated costnot be less than four days nor more than was published as required by law.twenty days prior to the receipt of said bids at NOW THEREFORE, BE IT RESOLVED2:00 p.m. on the 12th day of November, 1997. BY THE CITY COUNCIL OF THE CITY OFBids shall be opened and read by the City DUBUQUE, IOWA:Clerk at said time and will be submitted to the That the said plans, specifications, form ofCouncil for final action at 7:00 p.m. on the 17th day of November, 1997. contract and estimated cost are hereby ap- Passed, adopted and approved this 3rd day proved as the plans, specifications, form of of November, 1997. contract and estimated cost for said improve- Terrance M. Duggan, Mayor ments for said project. Attest: Mary A. Davis, City Clerk Passed, adopted and approved this 3rd day Council Member Michalski moved adoption of November, 1997. of the Resolution. Seconded by Council Terrance M. Duggan, Mayor Regular Session, November 3, 1997 Member Buol. Motion carried 7-0. CONNECTION WITH SAID URBAN RE- NEWAL REDEVELOPMENT PROJECT. Proof of publication certified to by theWhereas, the City Council of the City of Publisher on Notice of Public Hearing on theDubuque, Iowa, after public notice and hearing Ice Harbor Walkway and Transient Boatas prescribed by law and pursuant to Resolu- Docks; Long Range Planning Advisory Com-tion No. 314-97 passed and approved on the mission recommending concept designs for21st day of July, 1997, adopted an Urban the Ice harbor Walkway and boat docks beRenewal Plan (the “Urban approved, presented and read. Council Mem-Renewal Plan”) for an urban renewal area ber Buol moved that the proof and communi-known as the East 7th Street cation be received and filed. Seconded byEconomic Development District (the “Urban Council Member Robbins. Motion carried 7-0.Renewal Project Area”), which Urban Renewal Project Area includes the lots and parcels located within the area legally described as A representative from the Julien Dubuquefollows: Yacht Club spoke about specifics of the pro-Block 13 Lot 1 of Lot 4, Lot 1 of Lot 5, Lot ject. Jerry Enzler of the Mississippi Museum1 of Lot 6, and Lots 7, 8, 9, 10, 11, 12, 13 and Historical Society spoke endorsing pro-and 14; Block 16 Lots 1, 2, 3, 4 and 5; and ject. Block 17 Lots A, B, C, D, E, F, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15, City Manager recommending final approvalLot 1 of Lot 16, Lot 1 of Lot 1 of Lot 17, Lot on design concepts for Ice Harbor Walkway2 of Lot 1 of Lot 18, Lot 2 of Lot 20, Lot 2 of and Boat Docks and Mississippi RiverwalkLot 21, Lot 2 of Lot 22, Lot 2 of Lot 23, Lot and Amenities Project, presented and read.2 of Lot 24, Lot 2 of Lot 25, Lot 2 of Lot 26, Council Member Buol moved that the commu-Lot 2 of Lot 27, Lot 3 of Lot 28, Lot 3 of Lot nication be received and filed and approved29, Lot 3 of Lot 30, Lot 3 of Lot 311, Lot 3 recommendation, as modified. Seconded byof Lot 32 all in the Dubuque Harbor Im- Council Member Robbins. Motion carried 7-0.provement Co’s Addition, Township 89 North, Range 3 East of the 5th P.M., Du- buque County, Iowa and any adjoining City Manager requesting name be chosenpublic right-of-way. for new frontage road created from HighwayWhereas, expenditures and indebtedness 20, other than Booth Street, presented andare anticipated to be incurred by the City of read. Council Member Michalski moved thatDubuque, Iowa in the future to finance urban it be named YM/YW Drive. Seconded byrenewal project activities carried out in further- Robbins. Motion carried 7-0. ance of the objectives of the Urban Renewal Plan; and City Manager submitting Tax IncrementWhereas, the City Council of the City of Ordinance for East 7th St. Economic Develop-Dubuque, Iowa desires to provide for the ment District, presented and read. Councildivision of revenue from taxation in the Urban Member Buol moved that the communicationRenewal Project Area, as above described, in be received and filed. Seconded by Councilaccordance with the provisions of Section Member Nicholson. Motion carried 7-0. 403.19 of the Code of Iowa, as amended. NOW, THEREFORE, BE IT ORDAINED An Ordinance Providing that General Prop-BY THE CITY COUNCIL OF THE CITY OF erty Taxes levied and collected each year onDUBUQUE, IOWA; all property located within East 7th StreetSection 1. That the taxes levied on the Economic Development District be paid to ataxable property in the Urban Renewal Project Special Funds for payment in connection withArea legally described in the preamble hereof, said Urban Renewal Development project,by and for the benefit of the State of Iowa, City presented and read. of Dubuque, County of Dubuque, Dubuque Community School District, and all other (OFFICIAL PUBLICATION)taxing districts from and after the effective ORDINANCE NO. 64-97date of this Ordinance shall be dived as here- AN ORDINANCE PROVIDING THAT GEN-inafter in this Ordinance provided. ERAL PROPERTY TAXES LEVIED ANDSection 2. That portion of the taxes which COLLECTED EACH YEAR ON ALL PROP-would be produced by the rate at which the tax ERTY LOCATED WITHIN THE EAST 7THis levied each year by or for each of the taxing STREET ECONOMIC DEVELOPMENTdistricts upon the total sum of the assessed DISTRICT, IN THE CITY OF DUBUQUE,value of the taxable property in the Urban COUNTY OF DUBUQUE, STATE OF IOWA,Renewal Project Area, as shown on the as- BY AND FOR THE BENEFIT OF THEsessment roll as of January 1 of the calendar STATE OF IOWA, CITY OF DUBUQUE,year preceding the first calendar year in which COUNTY OF DUBUQUE, DUBUQUE COM-the City of Dubuque certifies to the County MUNITY SCHOOL DISTRICT AND OTHERAuditor the amount of loans, advances, indebt- TAXING DISTRICTS, BE PAID TO A SPE-edness, or bonds payable from the division of CIAL FUND FOR PAYMENT OF PRINCIPALproperty tax revenue described herein (which AND INTEREST ON LOANS, MONIEScertification is directed to be made at such ADVANCED TO AND INDEBTEDNESS,time as the City Manager shall determine, in INCLUDING BONDS ISSUED OR TO BEhis discretion, based on the needs of the ISSUED, INCURRED BY SAID CITY INUrban Renewal Project Area and the objec- Regular Session, November 3, 1997 tives of the Urban Renewal Plan), shall bePublished officially in the Telegraph Herald allocated to and when collected be paid into newspaper this 7th day of November, 1997. the fund for the respective taxing district as 1t 11/7Mary A. Davis CMC, City Clerk taxes by or for the taxing district into which all Council Member Buol moved that the other property taxes are paid. requirement that a proposed Ordinance be Section 3. That portion of the taxes each considered and voted on for passage at two year in excess of the base period taxes deter- Council Meetings prior to the meeting at which mined as provided in Section 2 of this Ordi- it is to be finally passed be suspended. Sec- nance shall be allocated to and when collected onded by Council Member Nicholson. Motion be paid into a special tax increment fund of the carried 7-0. Council Member Buol moved City of Dubuque, Iowa hereby established, to final consideration and passage of the Ordi- pay the principal of and interest on loans, nance. Seconded by Council Member Nichol- monies advanced to, indebtedness, whether son. Motion carried 7-0. funded, refunded, assumed or otherwise, including bonds or obligations issued under City Manager submitting Tax Increment the authority of Section 403.9 or 403.12 of the Ordinance for Dubuque Industrial Center Code of Iowa, as amended, incurred by the South District, presented and read. Council City of Dubuque, Iowa, to finance or refinance, Member Buol moved that the communication in whole or in part, urban renewal projects be received and filed. Seconded by Council undertaken within the Urban Renewal ProjectMember Nicholson. Motion carried 7-0. Area pursuant to the Urban Renewal Plan, except that taxes for the payment of bondsAn Ordinance Providing that General prop- and interest of each taxing district shall beerty taxes levied and collected each year on all collected against all taxable property within theproperty located within Dubuque Industrial Urban Renewal Project Area without anyCenter South District be paid to a Special limitation as hereinabove provided.Funds for payment in connection with said Section 4. Unless or until the total as-Urban Renewal Development project, pre- sessed valuation of the taxable property in thesented and read. Urban Renewal Project Area exceeds the total assessed value of the taxable property in the(OFFICIAL PUBLICATION) Urban Renewal Area as shown by the assess-ORDINANCE NO. 65-97 ment roll referred to in Section 2 of this Ordi- AN ORDINANCE PROVIDING THAT GEN- nance, all of the taxes levied and collected ERAL PROPERTY TAXES LEVIED AND upon the taxable property in the Urban Re- COLLECTED EACH YEAR ON ALL PROP- newal Project Area shall be paid into the funds ERTY LOCATED WITHIN THE DUBUQUE for the respective taxing districts as taxes by INDUSTRIAL CENTER/SOUTH ECONOMIC or for said taxing districts in the same manner DEVELOPMENT DISTRICT, IN THE CITY as all other property taxes. OF DUBUQUE, COUNTY OF DUBUQUE, Section 5. At such time as the loans, STATE OF IOWA, BY AND FOR THE BEN- advances, indebtedness, bonds and interest EFIT OF THE STATE OF IOWA, CITY OF thereon of the City of Dubuque, Iowa referred DUBUQUE, COUNTY OF DUBUQUE, DU- to in Section 3 hereof have been paid, all BUQUE COMMUNITY SCHOOL DISTRICT monies thereafter received from taxes upon AND OTHER TAXING DISTRICTS, BE PAID the taxable property in the Urban Renewal TO A SPECIAL FUND FOR PAYMENT OF Project Area shall be paid into the funds for PRINCIPAL AND INTEREST ON LOANS, the respective taxing districts in the same MONIES ADVANCED TO AND INDEBTED- manner as taxes on all other property. NESS, INCLUDING BONDS ISSUED OR TO Section 6. All ordinances or parts of ordi- BE ISSUED, INCURRED BY SAID CITY IN nances in conflict with the provisions of this CONNECTION WITH SAID URBAN RE- Ordinance are hereby repealed. The provi- NEWAL REDEVELOPMENT PROJECT. sions of this Ordinance are intended and shall Whereas, the City Council of the City of be construed so as to fully implement the Dubuque, Iowa, after public notice and hearing provisions of Section 403.19 of the Code of as prescribed by law and pursuant to Resolu- Iowa, as amended, with respect to the divisiontion No. 141-97 passed and approved on the of taxes from property within the Urban Re-7th day of April, 1997, adopted an Urban newal Project Area as described above. In theRenewal Plan (the “Urban Renewal Plan”) for event that any provision of this Ordinance shallan urban renewal area known as the Dubuque be determined to be contrary to law, it shall notIndustrial Center/South Economic Develop- affect other provisions or application of thisment District (the “Urban Renewal project Ordinance which shall at all times be con-Area”), which Urban Renewal project Area strued to fully invoke the provisions of Sectionincludes the lots and parcels located within the 403.19 of the Code of Iowa with reference toarea legally described as follows: the Urban Renewal Project Area and theLot 2-1-1 of the NE 1/4 of the SW 1/4, Lot 2 of territory contained therein.the NE 1/4 of the SW 1/4, Lot 1-1-1 of the NE Section 7. This Ordinance shall be in 1/4 of the SW 1/4, Lot 1-1-8 of the SE 1/4, effect after its final passage, approval and and the SE 1/4 of the SW 1/4, all in Section publication as provided by law. 12, Township 88 North, Range 2 East, Fifth Passed, adopted and approved this 3rd day Principal Meridian, in Dubuque County, Iowa of November, 1997. and any adjoining public right-of-way Terrance M. Duggan, Mayor Whereas, expenditures and indebtedness Attest: Mary A. Davis, City Clerk are anticipated to be incurred by the City of Regular Session, November 3, 1997 Dubuque, Iowa in the future to finance urbanupon the taxable property in the Urban Re- renewal project activities carried out in further-newal Project Area shall be paid into the funds ance of the objectives of the Urban Renewalfor the respective taxing districts as taxes by Plan; andand for said taxing districts in the same man- Whereas, the City Council of the City ofner as all other property taxes. Dubuque, Iowa desires to provide for theSection 5. At such time as the loans, division of revenue from taxation in the Urbanadvances, indebtedness, bonds and interest Renewal Project Area, as above described, inthereon of the City of Dubuque, Iowa referred accordance with the provisions of Sectionto in Section 3 hereof have been paid, all 403.19 of the Code of Iowa, as amended.monies thereafter received from taxes upon NOW, THEREFORE, BE IT ORDAINEDthe taxable property in the Urban Renewal BY THE CITY COUNCIL OF THE CITY OFProject Area shall be paid into the funds for DUBUQUE, IOWA;the respective taxing districts in the same Section 1. That the taxes levied on themanner as taxes on all other property. taxable property in the Urban Renewal ProjectSection 6. All ordinances or parts of ordi- Area legally described in the preamble hereof,nances in conflict with the provisions of this by and for the benefit of the State of Iowa, CityOrdinance are hereby repealed. The provi- of Dubuque, County of Dubuque, Dubuquesions of this Ordinance are intended and shall Community School District, and all otherbe construed so as to fully implement the taxing districts from and after the effectiveprovisions of Section 403.19 of the Code of date of this Ordinance shall be divided asIowa, as amended, with respect to the division hereinafter in this Ordinance provided.of taxes from property within the Urban Re- Section 2. That portion of the taxes whichnewal Project Area as described above. In the would be produced by the rate at which the taxevent that any provision of this Ordinance shall is levied each year by or for each of the taxingbe determined to be contrary to law, it shall not districts upon the total sum of the assessedaffect other provisions or application of this value of the taxable property in the Urbanordinance which shall at all times be con- Renewal Project Area, as shown on the as-strued to fully invoke the provisions of Section sessment roll as of January 1 of the calendar403.19 of the Code of Iowa with reference to year preceding the first calendar year in whichthe Urban Renewal Project Area and the the City of Dubuque certifies to the Countyterritory contained therein. Auditor the amount of loans, advances, indebt-Section 7. This Ordinance shall be in edness, or bonds payable from the division ofeffect after its final passage, approval and property tax revenue described herein (whichpublication as provided by law. certification is directed to be made at suchPassed, approved and adopted this 3rd day time as the City Manager shall determine, inof November, 1997. his discretion, based on the needs of theTerrance M. Duggan, Mayor Urban Renewal Project Area and the objec-Attest: Mary A. Davis, City Clerk tives of the Urban Renewal Plan), shall bePublished officially in the Telegraph Herald allocated to and when collected be paid intonewspaper this 7th day of November, 1997. the fund for the respective taxing district as1t 11/7Mary A. Davis CMC, City Clerk taxes by or for the taxing district into which allCouncil Member Buol moved that the other property taxes are paid.requirement that a proposed Ordinance be Section 3. That portion of the taxes eachconsidered and voted on for passage at two year in excess of the base period taxes deter-Council Meetings prior to the meeting at which mine as provided in Section 2 of this Ordi-it is to be finally passed be suspended. Sec- nance shall be allocated to and when collectedonded by Council Member Nicholson. Motion be paid into a special tax increment fund of thecarried 7-0. Council Member Buol moved City of Dubuque, Iowa hereby established, tofinal consideration and passage of the Ordi- pay the principal of and interest on loans,nance. Seconded by Council Member Nichol- monies advanced to, indebtedness, whetherson. Motion carried 7-0. funded, refunded, assumed or otherwise, including bonds or obligations issued underCity Manager recommending approval of the authority of Section 403.9 or 403.12 of theEngineering Services contract for County Code of Iowa, as amended, incurred by theFarm Industrial Park Water Line service, City of Dubuque, Iowa to finance or refinance,presented and read. Council Member Mi- in whole or in part, urban renewal projectschalski moved that the communication be undertaken within the Urban Renewal Projectreceived and filed and contract approved. Area pursuant to the Urban Renewal Plan,Seconded by Council Member Buol. Motion except that taxes for the payment of bondscarried 7-0. and interest of each taxing district shall be collected against all taxable property within theCity Manager submitting revisions to Down- Urban Renewal Project Area without anytown Rehabilitation Loan Program, presented limitation as hereinabove provided.and read. Council Member Buol moved that Section 4. Unless or until the total as-the communication be received and filed. sessed valuation of the taxable property in theSeconded by Council Member Voetberg. Urban Renewal Project Area exceeds the totalMotion carried 7-0. assessed value of the taxable property in the Urban Renewal Project Area as shown by theRESOLUTION NO. 458-97 assessment roll referred to in Section 2 of thisA RESOLUTION APPROVING AMEND- Ordinance, all of the taxes levied and collectedMENTS TO THE PROGRAM GUIDELINES Regular Session, November 3, 1997 FOR THE DOWNTOWN REHABILITATION LOAN PROGRAM AND AUTHORIZING ADDITIONAL CAPITALIZATION THEREOF. Whereas, on December 20, 1993, the City Council of the City of Dubuque, Iowa estab- lished a Downtown Rehabilitation Loan Pro- gram (the "Loan Program") to provide financial incentives to further the goals and objectives of the Downtown Urban Renewal Plan; and Whereas, the City Council has previously authorized the capitalization of the Loan Pro- gram in an amount totaling $847,000; and Whereas, the Old Main Task Force and other property owners in the Downtown Du- buque Urban Renewal District have indicated their desire to utilize the Loan Program subject to the proposed changes in the Program Guidelines; and Whereas, the City Council finds that con- tinuation and expansion of the Loan Program is necessary to effectuate the purposes of Iowa Code Chapter 403, the Urban Renewal Law, and the goals of the Amended and Re- stated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District; and Whereas, certain amendments to the Loan Program will provide the resources and incen- tives needed to spur reinvestment in the down- town; and Whereas, the City Council is prepared to provide additional capitalization for the Loan Program provided these funds are reimbursed through the proceeds of the Downtown Du- buque Urban Renewal Tax Increment Financ- ing District as amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Program Guidelines for the Downtown Rehabilitation Loan Program as amended and attached hereto are hereby approved. Section 2. That the City Manager is hereby authorized to use up to 75% of the tax incre- ment revenues generated from the district to provide $568,000 in additional funds through tax increment financing borrowing either internally or externally to continue and expand the Downtown Rehabilitation Loan Program, provided any such funds so advanced shall be repaid from the proceeds of the Downtown Dubuque Urban Renewal Tax Increment Financing District as amended. Section 3. That the City Manager is hereby authorized and directed to administer these additional funds in accordance with the Loan Program Guidelines as amended by this City Council. Passed, approved and adopted this 3rd day of November, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Voetberg. Motion carried 7-0. City Manager requesting approval of Fiscal Year 1999 Budget Guidelines, presented and read. Council Member Voetberg moved that the communication be received and filed and adopt the Guidelines. Seconded by Council Member Nicholson. Motion carried 7-0. City Manager submitting documents provid- ing for an amendment to the 1997 PCC Pav- ing Project (Fiscal Year 1998), presented and read. Council Member Michalski moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 459-97 RESOLUTION AMENDING RESOLUTION OF NECESSITY NO. 173-97 FOR THE 1997 P.C. CONCRETE PAVING PROJECT Whereas, on the 21st day of April, 1997, the City Council of the City of Dubuque, Iowa adopted Resolution of Necessity No. 173-97 for the 1997 P.C. Concrete Paving Project; and Whereas, in the course of the construction it was found necessary to install a new City watermain in Spruce Street between Univer- sity Avenue and Jefferson Street and that two additional lead water service laterals required replacement; and Whereas, in order to construct said water - main, abandon said lead water service laterals and install three separate copper service laterals as required by Plumbing Code, a new preliminary plat and schedule has been pre- pared showing the amount proposed to be assessed against each lot and the valuation of each lot as filed by the City Council, for the 1997 P.C. Concrete Paving Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amendments to Resolution of Necessity No. 173-97, they shall be deemed to have waived all objections pertaining to the regular- ity of the proceeding and the legality of using the special assessment procedure. That the cost and expense of extending the public watermain and three copper water service laterals will be assessed against the benefitted properties, in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from Local Op- tion Sales Tax Funds, and Special Assess- ment 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 order placed on file with the City Clerk this 3rd day of November, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Michalski moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. Regular Session, November 3, 1997 RESOLUTION NO. 460-97Passed, approved and adopted this 3rd day FIXING DATE OF HEARING ON AMEND-of November, 1997. MENT TO RESOLUTION OF NECESSITYTerrance M. Duggan, Mayor NO. 173-97 FOR THE 1997 P.C. CON-Attest: Mary A. Davis, City Clerk CRETE PAVING PROJECTCouncil Member Michalski moved adoption Whereas, the City Council of the City ofof the Resolution. Seconded by Council Dubuque, Iowa, has given its preliminaryMember Buol. Motion carried 7-0. approval on the proposed plans, specifications and form of contract and placed same on fileCity Manager requesting public hearing be in the office of the City Clerk for public inspec-set on Assessment Agreement with Weber tion, for the 1997 PC Concrete Paving Project;Paper Company, presented and read. Council and,Member Buol moved that the communication Whereas, the proposed amendment tobe received and filed. Seconded by Council Resolution of Necessity No. 173-97 for saidMember Robbins. Motion carried 7-0. improvement has been introduced and is now on file in the City Clerk's office for publicRESOLUTION NO. 462-97 inspection.A RESOLUTION FIXING DATE FOR A NOW THEREFORE, BE IT RESOLVEDMEETING ON THE PROPOSITION OF THE BY THE CITY COUNCIL OF THE CITY OFISSUANCE OF NOT TO EXCEED $150,000 DUBUQUE, IOWA:IN URBAN RENEWAL TAX INCREMENT That on the 1st day of December, 1997, aREVENUE OBLIGATIONS AND EXECU- public hearing will be held at 7:00 o'clock p.m.TION OF AGREEMENTS RELATING in the Public Library Auditorium in the City ofTHERETO AND PROVIDING FOR PUBLI- Dubuque at which time the owners of propertyCATION OF NOTICE THEREOF. subject to assessment for the proposed im-Whereas, it is deemed necessary and provement or any other person having anadvisable that the City of Dubuque, Iowa, interest in the matter may appear and be heardshould issue Urban Renewal Tax Increment for or against the making of the improvement,Revenue obligations to the amount not to the boundaries of the district, the cost, theexceed $150,000, as authorized by Chapter assessment against any lot, or the final adop-403 of the Code of Iowa, and to enter into one tion of an amendment to Resolution of Neces-or more agreements relating thereto, for the sity No. 173-97 and the City Clerk be and is purpose of carrying out a project as hereinaf- hereby authorized and directed to cause a ter described; and notice of time and place of such hearing to be Whereas, neither Chapter 403 nor any published in a newspaper having general other code provisions set forth any procedural circulation in the City of Dubuque, Iowa, which action required to be taken before said obliga- notice shall be published once each week for tion may be approved, and pursuant to Section two consecutive weeks, the first publication of 364.6 of the Code of Iowa, it is determined which shall be not less than ten days prior to that the procedure specified in Code Section the day fixed for its consideration. Unless 384.25 shall apply and it is deemed sufficient property owners at the time of the final consid- that the action hereinafter described be taken eration of this proposed resolution have on file and the Clerk publish a notice of the proposal with the City Clerk objections to the amend- and of the time and place of the meeting at ment to Resolution of Necessity No. 173-97 which the Council proposes to take action they shall be deemed to have waived all objec- thereon and to receive oral and/or written tions thereto. objections from any resident or property owner Passed, adopted and approved this 3rd day of said City to such action. of November, 1997. NOW THEREFORE, BE IT RESOLVED Terrance M. Duggan, Mayor BY THE CITY COUNCIL OF THE CITY OF Attest: Mary A. Davis, City Clerk DUBUQUE, IOWA: Council Member Michalski moved adoption Section 1.That the Council meet in the of the Resolution and set Hearing for 12-1-97 Auditorium of the Carnegie Stout Public Li- at 7:00 p.m. in the Public Library Auditorium brary in Dubuque, Iowa, at 7:00 p.m. on the and that the City Clerk publish notice in the 17th day of November, 1997, for the purpose manner prescribed by law. Seconded by of taking action on the matter of the issuance Council Member Buol. Motion carried 7-0. of not to exceed $150,000 in Urban Renewal Tax Increment Revenue obligations and the RESOLUTION NO. 461-97 execution of one or more agreements relating RESOLUTION AMENDING PRELIMINARY thereto, the proceeds of which will be used to SCHEDULE OF ASSESSMENTS FOR THE carry out one or more of the special financing 1997 P.C. CONCRETE PAVING PROJECT activities described in the Dubuque Industrial NOW THEREFORE, BE IT RESOLVED Center Economic Development District Urban BY THE CITY COUNCIL OF THE CITY OF Renewal Plan, including but not limited to the DUBUQUE, IOWA: funding of economic developments grants to That the attached sheets, 1 to 1 inclusive, private developers pursuant to one or more are hereby added to the schedule of proposed agreements entered into with such developers assessments as adopted by Resolution No. under the terms and conditions of said Urban 175-97 as filed in Treasurer's office on June Renewal Plan. 5, 1997 for the 1997 PC Concrete Paving Section 2.That the Clerk is hereby Project and the valuations set out herein are directed to cause at least one publication to be hereby approved. made of a notice of said meeting, in a legal Regular Session, November 3, 1997 newspaper, printed wholly in the Englishfinal action on the disposition of the above language, published at least once weekly, anddescribed real estate in the City of Dubuque, having general circulation in said City, saidIowa. publication to be not less than four clear daysSection 4. That the City Clerk be and she nor more than twenty days before the date ofis hereby authorized and directed to cause a said public meeting on the issuance of saidnotice of such public hearing and the City obligations.Council’s intent to dispose of such property to Section 3.The notice of the proposedbe published as prescribed under Iowa Code action to issue said obligations shall be inSection 364.7. substantially the form attached hereto.Passed, approved and adopted this 3rd day Passed, approved and adopted this 3rd dayof November, 1997. of November, 1997.Terrance M. Duggan, Mayor Terrance M. Duggan, MayorAttest: Mary A. Davis, City Clerk Attest: Mary A. Davis, City ClerkCouncil Member Voetberg moved adoption Council Member Buol moved adoption ofof the Resolution and set Public Hearing for the Resolution and set Hearing for 11-17-97 at11-17-97 at 7:00 p.m. in the Public Library 7:00 p.m. in the Public Library Auditorium andAuditorium and direct the City Clerk to publish that the City Clerk publish notice in the man-notice in the manner prescribed by law. Sec- ner prescribed by law. Seconded by Councilonded by Council Member Robbins. Motion Member Robbins. Motion carried 7-0. carried 7-0. City Manager requesting public hearing beThere being no further business, Council set to consider disposing of City’s interest inMember Buol moved to adjourn. Seconded by property located at 659 W. 8th Street., pre-Council Member Robbins. Motion carried 7-0. sented and read. Council Member VoetbergThe meeting adjourned at 10:04 p.m. moved that the communication be received and filed. Seconded by Council MemberMary A. Davis CMC Robbins. Motion carried 7-0. City Clerk RESOLUTION NO. 463-97 RESOLUTION OF INTENTION TO DISPOSEApproved , 1998 OF CITY-OWNED PROPERTY, SPECIFI- CALLY, THE SOUTH ONE-HUNDRED FIVEAdopted , 1998 FEET (S105') OF LOT TWO (2) AND THE SOUTH EIGHTY-FOUR FEET, THREE INCHES (S84'3") OF LOT THREE (3), BOTH OF THE SUBDIVISION OF LOTSMayor EIGHTEEN, NINETEEN AND TWENTY (18, 19 AND 20) KELLY’S SUBDIVISION IN THE CITY OF DUBUQUE, COUNTY OF DU- BUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, ALSO KNOWN AS 659 WEST 8TH STREET. Whereas, the City of Dubuque purchased certain real estate from Dubuque County, Iowa; and Whereas, bids have been received from members of the general public in response to a solicitation to purchase. NOW, THEREFORE, BE IT RESOLVEDCouncil Members BY THE CITY COUNCIL OF THE CITY OFAttest: DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest in the follow-City Clerk ing legally-described property: The South One-Hundred five feet (s105') of Lot Two (2) and the South Eighty-four feet, three inches (S84'3") of Lot three (3), both of the subdivision of Lots Eighteen, Nineteen and Twenty (18, 19 and 20), Kelly’s Subdivision in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof. Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above described real estate to Toby J. Kress for the sum of Five Thousand Dollars ($5,000). Section 3. That the City Council meet in the Carnegie Stout Public Library Auditorium, 11th and Bluff Streets, Dubuque, Iowa, at 7:00 p.m. on the 17th of November, 1997, for the purpose of holding a public hearing and taking Regular Session, November 17, 1997 amount of $1,463.76 for vehicle damages; DUBUQUE Evelyn Mullen in unknown amount for personal injuries; Eric Welu in amount of $770.50 for auto damages, presented and read. Council CITY COUNCIL Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Buol. OFFICIAL Motion carried 7-0. PROCEEDINGS Corporation Counsel advising following claims have been referred to Public Entity City Council, Regular Session, November Risk Services of Iowa, the agent for the Iowa 17, 1997. Communities Assurance Pool: Vehicle Council Met at 7:00 P.M., Public Library damage of Cecilia Dement; Vehicle damage of Auditorium. Harold Hovind; Tow charge of Todd G. Present: Mayor Duggan, Council Members Steege; Personal injury of Charles J. Stemper; Buol, Krieg, Michalski, Nicholson, Robbins, Vehicle damage of James C. Wachtel, Voetberg, City Manager Michael Van Milligen, presented and read. Council Member Assistant City Attorney Tim O’Brien. Voetberg moved that the communications be received and filed. Seconded by Council Mayor Duggan read the call and stated Member Buol. Motion carried 7-0. this is the Regular Session of the City Council called for the purpose to act upon Corporation Counsel recommending denial such business which may properly come of tire damage claim of Jeffrey W. Robbins, before the Council. presented and read. Council Member Voetberg moved that the communication be Invocation was given by Father Dave received and filed and denial approved. Ambrosy, Associate Pastor of St. Joseph the Seconded by Council Member Buol. Motion Worker Catholic Church. carried 7-0. PROCLAMATION: Time between Corporation Counsel recommending Thanksgiving and Christmas as “Home and settlement of property damage claim of Carl L. Family Month” received by Michael Duehr. Noel in amount of $160.00 and directing Finance Director to issue check, presented MINUTES SUBMITTED—Airport and read. Council Member Voetberg moved Commission of 9-23, 10-2, 10-8 & 10-21; that the communication be received and filed Citizens with Disabilities Parking Review and settlement approved. Seconded by Committee of 10-21; Community Development Council Member Buol. Motion carried 7-0. Advisory Commission of 10-16; Electrical Code Board of 11-3; Zoning Board of Iowa DOT advising following parcel of land Adjustment of 10-25, presented and read. are for sale: City Lots 500A, 500B and 500C Council Member Voetberg moved that the and 500D located in the area between 11th & minutes be received and filed. Seconded by 12th streets (property acquired from Jacobson Council Member Buol. Motion carried 7-0. Steel and Supply Co.), presented and read. Council Member Voetberg moved that the Proof of Publication on publishing Council communication be received and filed. proceedings for meeting of 10-20, presented Seconded by Council Member Buol. Motion and read. Council Member Voetberg moved carried 7-0. that the proof be received and filed. Seconded by Council Member Buol. Motion carried 7-0. City Manager recommending approval of Enterprise Opportunity Program Loan, presented and read. Council Member Printed Council Proceedings for month of Voetberg moved that the communication be July, 1997 presented for approval. Council received and filed. Seconded by Council Member Voetberg moved that the proceedings Member Buol. Motion carried 7-0. be approved as printed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 464-97 A RESOLUTION AUTHORIZING A LETTER Finance Director submitting Financial OF COMMITMENT AND ADDITIONAL Reports for month ending October 31, 1997, ACTIONS CONCERNING AN ENTERPRISE presented and read. Council Member OPPORTUNITY LOAN TO MARK Voetberg moved that the report be received GULBRANDSEN. and filed. Seconded by Council Member Buol. Whereas, the City of Dubuque, Iowa, has Motion carried 7-0. created an Enterprise Opportunity Program for the purpose of stimulating entrepreneurship by NOTICE OF CLAIMS/SUITS — Grace low and moderate income people; and Clemen in unknown amount for personal Whereas, the City of Dubuque, Iowa is injuries; Buelah Kieffer in unknown amount for encouraging the use of this loan program to personal injuries; Mary McCullough in finance small, owner-operated businesses unknown amount for injuries; Shawn employing five or fewer employees; and McCullough in unknown amount for injuries; Whereas, Mark Gulbrandsen meets the Geoug Moeller or Marie Moeller in estimated Regular Session, November 17, 1997 requirements of this program; and improvement be and the same is hereby Whereas, a Commitment Letter, heretoaccepted. attached and by this reference made a partBE IT FURTHER RESOLVED that the City hereof, sets forth the terms and conditions ofTreasurer be and he is hereby directed to pay Mark Gulbrandsen's participation in theto the contractor from the General Fund in Enterprise Opportunity Program.amount equal to the amount of his contract, NOW, THEREFORE, BE IT RESOLVEDless any retained percentage provided for BY THE CITY COUNCIL OF THE CITY OFtherein. DUBUQUE, IOWA:Passed, approved and adopted this 17th Section 1. That the application of Markday of November, 1997. Gulbrandsen for participation in the EnterpriseTerrance M. Duggan, Mayor Opportunity Program is hereby accepted andAttest: Mary A. Davis, City Clerk approved.Council Member Voetberg moved adoption Section 2. That the Mayor is herebyof the Resolution. Seconded by Council authorized to execute, on behalf of the CityMember Buol. Motion carried 7-0. Council of the City of Dubuque, Iowa, the attached Commitment Letter and to forwardRESOLUTION 466-97 said letter to Mark Gulbrandsen for review andFINAL ESTIMATE approval.WHEREAS, the contract for the FIVE Section 3. That the City Manager be andFLAGS CENTER ARENA ROOF PROJECT he is hereby directed to prepare, uponhas been completed and the Engineer has execution and receipt of the attachedsubmitted his final estimate showing the cost Commitment Letter, the necessary loanthereof including the cost of estimates, notices documents in accordance with the terms andand inspection and all miscellaneous costs; conditions set forth in said CommitmentNOW, THEREFORE, BE IT RESOLVED, Letter.by the City Council of the City of Dubuque, Section 4. That the City Manager is herebyIowa: authorized to execute, on behalf of the CitySection 1. That the cost of said Council of the City of Dubuque, Iowa, allimprovement is hereby determined to be necessary loan documents and is further$101,267 and the said amount shall be paid authorized to disburse loan funds from thefrom the General Fund of the City of Dubuque, Enterprise Opportunity Program, inIowa. accordance with the terms and conditions ofPassed, approved and adopted this 17th the executed agreement.day of November, 1997. Passed, approved and adopted this 17thTerrance M. Duggan, Mayor day of November 1997. Attest: Mary A. Davis, City Clerk Terrance M. Duggan, MayorCouncil Member Voetberg moved adoption Attest: Mary A. Davis, City Clerkof the Resolution. Seconded by Council Council Member Voetberg moved adoptionMember Buol. Motion carried 7-0. of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. Proof of Publication on Notice to Bidders on Receipt of Bids for Fremont Avenue City Manager recommending approval ofSanitary Sewer Extension and City Manager management agreement for Miller-Riverviewrecommending to award contract for project, Park with Pat Felderman, presented and read.presented and read. Council Member Council Member Voetberg moved that theVoetberg moved that the proof and communication be received and filed andcommunication be received and filed. recommendation approved. Seconded bySeconded by Council Member Buol. Motion Council Member Buol. Motion carried 7-0. carried 7-0. City Manager recommending acceptance ofRESOLUTION NO. 467-97 Five Flags Center Arena Roof Project,AWARDING CONTRACT presented and read. Council MemberWhereas, sealed proposals have been Voetberg moved that the communication besubmitted by contractors for the Fremont received and filed. Seconded by CouncilAvenue Sanitary Sewer Extension pursuant to Member Buol. Motion carried 7-0. Resolution No. 457-97 and notice to bidders published in a newspaper published in the City RESOLUTION 465-97of Dubuque, Iowa on the 6th day of November, ACCEPTING IMPROVEMENT1997. WHEREAS, the contract for the FIVEWhereas, said sealed proposals were FLAGS CENTER ARENA ROOF PROJECTopened and read on the 12th day of has been completed and the City Manager hasNovember, 1997 and it has been determined examined the work and filed his certificatethat the bid of McDermott Excavating of stating that the same has been completedDubuque, Iowa, in the amount of $90,159.37 according to the terms of the contract, planswas the lowest bid for the furnishings of all and specifications and recommends itslabor and materials and performing the work acceptance.as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED,NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque,BY THE CITY COUNCIL OF THE CITY OF Iowa, that the recommendation of the CityDUBUQUE, IOWA: Manager be approved and that saidThat the contract for the above Regular Session, November 17, 1997 improvement be awarded to McDermottfrom the Sanitary Sewer Construction Fund of Excavating and the Manager be and is herebythe City of Dubuque, Iowa. directed to execute a contract on behalf of thePassed, approved and adopted this 17th City of Dubuque for the complete performanceday of November, 1997. of the work.Terrance M. Duggan, Mayor BE IT FURTHER RESOLVED:Attest: Mary A. Davis, City Clerk That upon the signing of said contract andCouncil Member Voetberg moved adoption the approval of the contractor's bond, the Cityof the Resolution. Seconded by Council Treasurer is authorized and instructed toMember Buol. Motion carried 7-0. return the bid deposits of the unsuccessful bidders.City Manager recommending acceptance of Passed, approved and adopted this 17th19th Street Storm Sewer Reconstruction day of November, 1997.Project, presented and read. Council Member Terrance M. Duggan, MayorVoetberg moved that the communication be Attest: Mary A. Davis, City Clerkreceived and filed. Seconded by Council Council Member Voetberg moved adoptionMember Buol. Motion carried 7-0. of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 470-97 ACCEPTING IMPROVEMENT City Manager recommending acceptance ofWhereas, the contract for the 19th Street Alpine Street Sanitary Sewer project,Storm Sewer Reconstruction Project has been presented and read. Council Membercompleted and the City Manager has Voetberg moved that the communication beexamined the work and filed his certificate received and filed. Seconded by Councilstating that the same has been completed Member Buol. Motion carried 7-0. according to the terms of the contract, plans and specifications and recommends it RESOLUTION NO. 468-97acceptance. ACCEPTING IMPROVEMENTNOW THEREFORE, BE IT RESOLVED Whereas, the contract for the Alpine StreetBY THE CITY COUNCIL OF THE CITY OF Sanitary Sewer Reconstruction has beenDUBUQUE, IOWA: completed and the City Manager hasSection 1. That the recommendation of the examined the work and filed his certificateCity Manager be approved and that said stating that the same has been completedimprovement be and the same is hereby according to the terms of the contract, plansaccepted. and specifications and recommends itBE IT FURTHER RESOLVED that the City acceptance.Treasurer be and he is hereby directed to pay NOW THEREFORE, BE IT RESOLVEDto the contractor from the General Fund in BY THE CITY COUNCIL OF THE CITY OFamount equal to the amount of his contract, DUBUQUE, IOWA:less any retained percentage provided for Section 1. That the recommendation of thetherein. City Manager be approved and that saidPassed, approved and adopted this 17th improvement be and the same is herebyday of November, 1997. accepted.Terrance M. Duggan, Mayor BE IT FURTHER RESOLVED that the CityAttest: Mary A. Davis, City Clerk Treasurer be and he is hereby directed to payCouncil Member Voetberg moved adoption to the contractor from the Sanitary Sewerof the Resolution. Seconded by Council Construction Fund in amount equal to theMember Buol. Motion carried 7-0. amount of his contract, less any retained percentage provided for therein.RESOLUTION NO. 471-97 Passed, approved and adopted this 17thFINAL ESTIMATE day of November, 1997.Whereas, the contract for the 19th Street Terrance M. Duggan, MayorStorm Sewer Reconstruction Project has been Attest: Mary A. Davis, City Clerkcompleted and the City Engineer has Council Member Voetberg moved adoptionsubmitted his final estimate showing the cost of the Resolution. Seconded by Councilthereof including the cost of estimates, notices Member Buol. Motion carried 7-0. and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED RESOLUTION NO. 469-97BY THE CITY COUNCIL OF THE CITY OF FINAL ESTIMATEDUBUQUE, IOWA: Whereas, the contract for the Alpine StreetSection 1. That the cost of said Sanitary Sewer Reconstruction has beenimprovement is hereby determined to be completed and the City Engineer has$105,054.73 and the said amount shall be submitted his final estimate showing the costpaid from the General Fund of the City of thereof including the cost of estimates, noticesDubuque, Iowa. and inspection and all miscellaneous costs;Passed, approved and adopted this 17th NOW THEREFORE, BE IT RESOLVEDday of November, 1997. BY THE CITY COUNCIL OF THE CITY OFTerrance M. Duggan, Mayor DUBUQUE, IOWA:Attest: Mary A. Davis, City Clerk Section 1. That the cost of saidCouncil Member Voetberg moved adoption improvement is hereby determined to beof the Resolution. Seconded by Council $53,413.36 and the said amount shall be paidMember Buol. Motion carried 7-0. Regular Session, November 17, 1997 City Manager recommending approval ofDubuque is hereby authorized and directed to selection of Steven Ulstead Architects/Brianexecute the Grantee Performance Report on Gutheinz Studio for Highway 20 Landscapebehalf of the City of Dubuque, Iowa. Design, presented and read. Council MemberSection 3. That the City Manager is hereby Voetberg moved that the communication beauthorized and directed to submit the Grantee received and filed and recommendationPerformance Report to the U.S. Department of approved. Seconded by Council MemberHousing and Urban Development. Robbins. Motion carried 7-0. Passed, approved and adopted this 17th day of November, 1997. City Manager recommending to enter intoTerrance M. Duggan, Mayor contract with Thom Determan and EddieAttest: Mary A. Davis, City Clerk Moore for Diversity Training, presented andCouncil Member Voetberg moved adoption read. Council Member Voetberg moved thatof the Resolution. Seconded by Council the communication be received and filed andMember Buol. Motion carried 7-0. recommendation approved subject to research by Legal Staff regarding City Commissioner’sZoning Advisory Commission approving ability to provide service to the City. Secondedfinal plat of Tamarack Business Park located by Council Member Robbins. Motion carriedat Highway 61/151 South in Dubuque County 7-0. (Jon Luckstead), presented and read. Council Member Voetberg moved that the City Manager submitting Flood Disastercommunication be received and filed. Relief Grantee Performance Report,Seconded by Council Member Buol. Motion presented and read. Council Membercarried 7-0. Voetberg moved that the communication be received and filed. Seconded by CouncilRESOLUTION NO. 473-97 Member Buol. Motion carried 7-0. RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THRU 5 TAMARACK S.E. RESOLUTION NO. 472-97THIRD SUBDIVISION, BEING COMPRISED RESOLUTION AUTHORIZING THEOF LOT 3 OF TAMARACK S.E. SECOND SUBMISSION OF A FLOOD DISASTERSUBDIVISION AND LOT 1 OF THE SE-SW RELIEF GRANTEE PERFORMANCESECTION 14 T 88 N, R2E OF THE 5TH P.M. REPORT FOR THE PERIODIN DUBUQUE COUNTY, IOWA. COMMENCING AUGUST 19, 1996 ANDWhereas, there has been filed with the City CONCLUDING AUGUST 19, 1997.Clerk, the final plat of Lots 1 thru 5 Tamarack Whereas, the City of Dubuque, Iowa, is aS.E. Third Subdivision, being comprised of Lot flood disaster relief grant recipient under the3 of Tamarack S.E. Second Subdivision and Community Development Block Grant (CDBG)Lot 1 of the SE-SW Section 14 T 88 N, R2E Program of the U.S. Department of Housingof the 5th P.M. in Dubuque County, Iowa; and and Urban Development (HUD); andWhereas, said plat has been examined by Whereas, the CDBG regulations requirethe Zoning Advisory Commission and has its that after the completion of a program year,approval endorsed thereon; and each entitlement recipient must submit aWhereas, said plat has been examined by performance and evaluation report, Granteethe City Council and they find that it conforms Performance Report (GPR); andto the statutes and ordinances relating thereto. Whereas, the City has: 1) prepared a GPRNOW THEREFORE, BE IT RESOLVED for the program year commencing August 19,BY THE CITY COUNCIL OF THE CITY OF 1996 and concluding August 19, 1997; 2)DUBUQUE, IOWA: published notice of availability of the GPR inSection 1. That the City Council hereby the Telegraph Herald on October 21, 1997waives Article IV, Design and Improvement and in the Dubuque Advertiser on October 22,Standards, of the Subdivision Regulations, 1997; 3) made copies of the GPR available forexcept Section 42-19, Lots and Blocks. public review at the Public Library, CommunitySection 2. That the final plat of Lots 1 thru and Economic Development Department, City5 Tamarack S.E. Third Subdivision, begin Clerk's Office and Housing Servicescomprised of Lot 3 of Tamarack S.E. Second Department; and, 4) held a public hearingSubdivision and Lot 1 of the SE-SW Section pursuant to published notice before the14 T 88 N, R2E of the 5th P.M. in Dubuque Community Development AdvisoryCounty, Iowa is hereby approved and the Commission on November 6, 1997; andMayor and City Clerk are hereby authorized Whereas, the Community Developmentand directed to endorse the approval of the Advisory Commission has voted to approveCity of Dubuque, Iowa, upon said final plat. the GPR and to recommend City CouncilSection 3. That in the event the owners approval.shall fail to execute the acceptance within 180 NOW, THEREFORE, BE IT RESOLVEDdays after the date of this resolution, the BY THE CITY COUNCIL OF THE CITY OFprovisions hereof shall be null and void and DUBUQUE, IOWA:the acceptance and approval of the plat shall Section 1. That the Flood Disaster Reliefnot be effective. Grantee Performance Report for the periodPassed, approved and adopted this 17th commencing August 19, 1996 and concludingday of November, 1997. August 19,1997, a copy of which is attached,Terrance M. Duggan, Mayor is hereby approved for submission.Attest: Mary A. Davis, City Clerk Section 2. That the Mayor of the City ofACCEPTANCE OF Regular Session, November 17, 1997 RESOLUTION NO. 473-97We, the undersigned, Michael J. and Heidi I, the undersigned, Jon D. Luckstead,M. Duehr and David C. Stratton having read having read the terms and conditions of thethe terms and conditions of the Resolution No. Resolution No. 473-97 and being familiar with474-97 and being familiar with the conditions the conditions thereof, hereby accept thisthereof, hereby accept this same and agree to same and agree to the conditions requiredthe conditions required therein. therein.Dated in Dubuque, Iowa this 14th day of Dated in Dubuque, Iowa this 18th day ofNovember, 1997. November, 1997.By /s/ Michael J. Duehr By /s/ Jon D. LucksteadBy /s/ Heidi M. Duehr Council Member Voetberg moved adoptionBy /s/ David C. Stratton of the Resolution. Seconded by CouncilCouncil Member Voetberg moved adoption Member Buol. Motion carried 7-0. of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. Zoning Advisory Commission approving survey plat of Lots 1 & 2 State Street Subd.City Manager requesting approval to amend (Michael Duehr), presented and read. CouncilFY’98 Budget changing part-time employee to Member Voetberg moved that thefull time employee in Community Development communication be received and filed.Office, presented and read. Council Member Seconded by Council Member Buol. MotionVoetberg moved that the communication be carried 7-0. received and filed and request approved. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 474-97 RESOLUTION APPROVING THE PLAT OFCity Manager recommending approval of SURVEY OF LOTS 1 AND 2 OF STATEacquisition of approx. 4 acres from Farmland STREET, SUBDIVISION NO. 2, IN THEFoods, presented and read. Council Member CITY OF DUBUQUE, IOWA.Voetberg moved that the communication be Whereas, there has been filed with the Cityreceived and filed. Seconded by Council Clerk a plat of survey of Lots 1 and 2 of StateMember Buol. Motion carried 7-0. Street Subdivision No. 2, in the City of Dubuque, Iowa ; andRESOLUTION NO. 475-97 Whereas, said plat provides only 5,393RESOLUTION APPROVING THE square feet of lot area for Lot 1 and 5,889ACQUISITION OF LAND FROM square feet of lot area for Lot 2, where 6,000FARMLAND FOODS AND AUTHORIZING square feet is required by Section 3-1.1(F) ofTHE CITY MANAGER TO NEGOTIATE the Zoning Ordinance; andAND EXECUTE NECESSARY Whereas, said plat has been examined byAGREEMENTS the Zoning Advisory Commission and has itsWhereas, by Resolution No. 234-96, dated approval endorsed thereon; and June 25, 1996, the City of Dubuque, Iowa, Whereas, said plat has been examined by(City) accepted deeds to certain real estate the City Council and they find that it conformsfrom FDL Foods, Inc., for the purpose of to the statutes and ordinances relating thereto.facilitating the consummation of a merger NOW THEREFORE, BE IT RESOLVEDbetween FDL Foods, Inc., and a subsidiary of BY THE CITY COUNCIL OF THE CITY OFFarmland Foods, Inc.; and DUBUQUE, IOWA:Whereas, by Resolution No. 236-96, dated Section 1. That Section 3-1.1(F) of theJune 25, 1996, the City approved an Zoning Ordinance is waived to allow Lot 1 ofEnvironmental Indemnification Agreement in State Street Subdivision No. 2 to have 5,393favor of Farmland Foods, Inc., for the property square feet of lot area and Lot 2 of Stateacquired from FDL Foods, Inc.; and Street Subdivision to have 5,889 square feetWhereas, the City and Farmland Foods, of lot area, where 6,000 square feet isInc., have determined that other real estate required.should have been included in the acquisition Section 2. That the Survey Plat of Lots 1and indemnification; and and 2 of State Street Subdivision No. 2, in theWhereas, both parties wish to take the City of Dubuque, Iowa, is hereby approvednecessary actions to transfer this additional and the Mayor and City Clerk are herebyproperty and to include it in the indemnification authorized and directed to endorse theagreement. approval of the City of Dubuque, Iowa, uponNOW, THEREFORE, BE IT RESOLVED said final plat.BY THE CITY COUNCIL OF THE CITY OF Section 3. That in the event the ownersDUBUQUE, IOWA: shall fail to execute the acceptance within 180Section 1. The acquisition of approximately days after the date of this resolution, thefour acres of property adjoining the southerly provisions hereof shall be null and void andboundary of Lot 4 of FDL First Addition by the the acceptance and approval of the plat shallCity of Dubuque, Iowa would be in the best not be effective.interests of the City. Passed, approved and adopted this 17thSection 2. The City Manager is hereby day of November, 1997.authorized and directed to negotiate and to Terrance M. Duggan, Mayorexecute on behalf of the City of Dubuque, Attest: Mary A. Davis, City ClerkIowa, all documents necessary to acquire the ACCEPTANCE OFsubject real estate and to include said real RESOLUTION NO. 474-97estate in the City’s Environmental Regular Session, November 17, 1997 Indemnification Agreement with FarmlandMember Robbins voted for Rink. Council Foods, Inc.Member Voetberg voted for Swift. Passed, approved and adopted this 17th day of November, 1997. Therefore, M. Susan Rink, BVM was Terrance M. Duggan, Mayorappointed to the unexpired term on the Attest: Mary A. Davis, City ClerkHousing Commission which will expire 8-17- Council Member Voetberg moved adoption2000. of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. Council Member Voetberg moved that the rules be suspended to allow anyone present to RESOLUTION NO. 476-97address the Council if they so desire. Whereas, applications for Liquor LicensesSeconded by Council Member Robbins. have been submitted to this Council forMotion carried 7-0. approval and the same have been examined and approved; andProof of publication certified to by the Whereas, the premises to be occupied byPublisher on Notice of Hearing to consider such applicants were inspected and found todisposing of City property known as 659 West comply with the State Laws and all City8th Street, Kirk Barron submitting petition Ordinances relevant thereto and they havecontaining 29 signatures objecting to certain filed proper bonds.conditions regarding sale of this property, and NOW, THEREFORE, BE IT RESOLVEDCity Manager recommending to proceed with BY THE CITY COUNCIL OF THE CITY OFsale, presented and read. Council Member DUBUQUE, IOWA:Voetberg moved that the proof, petition and That the Manager be authorized to cause tocommunication be received and filed. be issued the following named applicants aSeconded by Council Member Nicholson. Liquor License.Motion carried 7-0. CLASS “C” (COMMERCIAL) BEER & LIQUOR LICENSEToby Kress spoke requesting approval of Aragon Tap Inc.Aragon Tap Inc.sale. Kirk Barron spoke objecting to the + (Sunday Sale)1103 Iowa Stproposed threeplex in a single family Kahn Family Enterp.Dempsey’sneighborhood. + (Sunday Sale)395 E. 9th St The Ground Round Inc.Ground Round IncRESOLUTION NO. 477-97 + (Sunday Sale)50 JFK Rd.RESOLUTION APPROVING THE Sam W. ChinLong Yuen Chinese Res.DISPOSAL OF CITY OWNED PROPERTY, +(Sunday Sale)2600 Dodge StSPECIFICALLY, THE SOUTH ONE- T & M IncMario’s Italian Rest.HUNDRED FIVE FEET (S105') OF LOT + (Sunday Sale)1298 Main StTWO (2) AND THE SOUTH EIGHTY-FOUR Raysan CorpBridge RestaurantFEET, THREE INCHES (S84'3") OF LOT +(Sunday Sale)31 Locust StTHREE (3), BOTH OF THE SUBDIVISION Passed, approved and adopted this 17thOF LOTS EIGHTEEN, NINETEEN AND day of November, 1997.TWENTY (18, 19 AND 20) KELLY’S Terrance M. Duggan, MayorSUBDIVISION IN THE CITY OF DUBUQUE, Attest: Mary A. Davis, City ClerkCOUNTY OF DUBUQUE, IOWA, Council Member Voetberg moved adoptionACCORDING TO THE RECORDED PLAT of the Resolution. Seconded by CouncilTHEREOF, ALSO KNOWN AS 659 WEST Member Buol. Motion carried 7-0. 8TH STREET Whereas, pursuant to a notice, duly BOARDS AND COMMISSIONS:published in the Telegraph Herald newspaper, the City Council of Dubuque, Iowa, met on the TRANSIT BOARD:17th day of November, 1997, at 7:00 p.m. in Applicant interested in serving to addressthe Carnegie Stout Public Library Auditorium, the Council. Applicant: Pamela Renfro. Ms.11th and Bluff Street, Dubuque, Iowa, to Renfro spoke.consider the proposal to dispose of City- owned real estate located at 659 West 8th ENVIRONMENTAL STEWARDSHIPStreet which property is legally described as ADVISORY COMMISSION:follows: Appointment: Applicant: Beth Lynch.The South One-Hundred Five Feet (S105') Council Member Michalski moved that Bethof Lot Two (2) and the South Eighty-Four Feet Lynch be appointed to the three year term thatThree Inches (S84'3") of Lot Three (3), both of will expire 10-1-2000. Seconded by Councilthe Subdivision of Lots Eighteen, Nineteen Member Buol. Motion carried 7-0. and Twenty (18, 19, and 20) Kelly’s Subdivision in the City of Dubuque, County of HOUSING COMMISSION:Dubuque, Iowa, according to the recorded plat Appointment: Applicants M. Susan Rinkthereof. and Thomas Swift II. Vote on the appointmentWhereas, such property is proposed to be was as follows: Mayor Duggan voted for Rink.sold to Toby J. Kress in consideration for Five Council Member Buol voted for Swift. CouncilThousand Dollars ($5,000); and Member Krieg voted for Rink. CouncilWhereas, the City Council of the City of Member Michalski voted for Rink. CouncilDubuque, Iowa, has overruled any and all Member Nicholson voted for Swift. Councilobjections, oral and written, to the proposal to Regular Session, November 17, 1997 dispose of the interest of the City of Dubuque,with Chapter 403 of the Code of Iowa, has Iowa, in the herein and above-named realheld a public hearing on the proposed estate to the above-named grantees.amended and restated Plan after public notice NOW, THEREFORE, BE IT RESOLVEDthereof. BY THE CITY COUNCIL OF THE CITY OFNOW, THEREFORE, BE IT RESOLVED DUBUQUE, IOWA:BY THE CITY COUNCIL OF THE CITY OF Section 1. That the disposal of the interestDUBUQUE, IOWA: of the City of Dubuque in the above-describedSection 1. That the Amended and property to Toby J. Kress is hereby approved.Restated Urban Renewal Plan for the Section 2. That the Mayor be and he isDubuque Industrial Center Economic hereby authorized and directed to execute aDevelopment District, attached hereto and Quit Claim Deed, and that the City Clerk bemade reference to herein, be approved. and she is hereby directed and authorized toSection 2. That the City Clerk of the City of deliver such Deed, conveying the aboveDubuque, Iowa is hereby authorized and described real estate to the above-nameddirected to file a certified copy of this grantee.Resolution in the office of the Dubuque Passed, approved and adopted this 17thCounty Recorder. day of November, 1997.Passed, approved and adopted this 17th Terrance M. Duggan, Mayorday of November, 1997. Attest: Mary A. Davis, City ClerkTerrance M. Duggan, Mayor Council Member Voetberg moved adoptionAttest: Mary A. Davis, City Clerk of the Resolution. Seconded by CouncilCouncil Member Buol moved adoption of Member Nicholson. Motion carried 7-0. the Resolution. Seconded by Council Member Robbins. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice of Hearing to considerAn Ordinance Amending Ordinance No. adoption of an Amended and Restated Urban26-88 providing that general property taxes Renewal Plan for Dubuque Industrial Centerlevied and collected each year for property Economic Development District. (Bergfeldlocated within amended Dubuque Industrial Farm Expansion), City ManagerCenter Economic Development District Urban recommending approval of Plan andRenewal area be paid to a Special Fund, submitting ordinance approving the amendedpresented and read. Tax Increment Financing District, and Long Range Planning Advisory CommissionORDINANCE NO. 66-97 advising of their approval and recommendingAN ORDINANCE AMENDING ORDINANCE adoption of Plan, presented and read. CouncilNO. 26-88 PROVIDING THAT GENERAL Member Buol moved that the proof andPROPERTY TAXES LEVIED AND communications be received and filed.COLLECTED EACH YEAR ON ALL Seconded by Council Member Robbins.PROPERTY LOCATED WITHIN THE Motion carried 7-0. AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER ECONOMIC RESOLUTION NO. 478-97 DEVELOPMENT URBAN RENEWAL AREA A RESOLUTION APPROVING THEOF THE CITY OF DUBUQUE, COUNTY OF AMENDED AND RESTATED URBANDUBUQUE, STATE OF IOWA, BY AND FOR RENEWAL PLAN FOR THE DUBUQUETHE BENEFIT OF THE STATE OF IOWA, INDUSTRIAL CENTER ECONOMICCITY OF DUBUQUE, COUNTY OF DEVELOPMENT DISTRICT.DUBUQUE, DUBUQUE COMMUNITY Whereas, on October 6, 1997, the CitySCHOOL DISTRICT AND OTHER TAXING Council of the City of Dubuque, IowaDISTRICTS, BE PAID TO A SPECIAL FUND authorized the preparation of an Amended andFOR PAYMENT OF PRINCIPAL AND Restated Urban Renewal Plan (the "Plan") forINTEREST ON LOANS, MONIES the Dubuque Industrial Center EconomicADVANCED TO AND INDEBTEDNESS, Development District (the "District"); andINCLUDING BONDS ISSUED OR TO BE Whereas, the City of Dubuque's primaryISSUED, INCURRED BY SAID CITY IN objective in amending this Plan is to provideCONNECTION WITH THE AMENDED AND additional marketable industrial developmentRESTATED DUBUQUE INDUSTRIAL sites for the purpose of job-creating economicCENTER ECONOMIC DEVELOPMENT development activities; andDISTRICT URBAN RENEWAL Whereas, the Long Range PlanningREDEVELOPMENT PROJECT. Commission has reviewed the proposed PlanWhereas, the City Council of the City of and has found that said document isDubuque, Iowa, has heretofore, in Ordinance consistent with the Comprehensive Plan forNo. 26-88, as amended by Ordinance No. 63- the development of the City of Dubuque as a88, provided for the division of taxes within the whole and has transmitted its findings to theoriginal Dubuque Industrial Center Economic City Council; andDevelopment District Urban Renewal Project Whereas, a consultation process has beenArea described in Resolution No. 130-88 undertaken with affected taxing entities inadopted on May 2, 1988, pursuant to Section accordance with Chapter 403 of the Code of403.19 of the Code of Iowa; and Iowa with no written objections orWhereas. pursuant to Resolution Nos. 48- recommended changes to the Plan received;97, 142-97 and 478-97 approved on January and20, 1997, April 7, 1997 and November 17, Whereas, the City Council, in accordance1997, respectively, additional territory now has Regular Session, November 17, 1997 been added to the Dubuque Industrial Center30, Township 89 North, Range 2 East of Economic Development District Urbanthe 5th P.M. Dubuque County, Iowa; also Renewal Project Area; andLot 1-1 of the NW 1/4 of the NE 1/4, the Whereas, indebtedness has bee incurredWest 3/4 of the NE 1/4 of the NW 1/4, the by the City, and additional indebtedness isEast 1/4 of the NE 1/4 of the NW 1/4 of Lot anticipated to be incurred in the future, to1, Lot 2-1 of the SE 1/4 of the NW 1/4, Lot finance urban renewal project activities within1-1 of the SE 1/4 of the NW 1/4, and the the Amended and Restated DubuqueSW 1/4 of the NE 1/4, all in Section 30, Industrial Center Economic DevelopmentT89N, R2E, 5th P.M., Dubuque County, District, and the continuing needs ofIowa; also the NW 1/4 of the SW 1/4, the redevelopment within the Amended andNE 1/4 of the SW 1/4, Lot 1 of the SE 1/4 Restated Dubuque Industrial Centerof the SW 1/4, and Lot 1 of the SW 1/4 of Economic Development District are such as tothe SW 1/4, all in Section 30, T89N, R2E, require the continued application of the5th P.M., in Dubuque County, Iowa; and all incremental tax resources of the Amendedthat part of a 100 foot-wide strip of the and Restated Dubuque Industrial CenterChicago Central Pacific Railroad right-of- Economic Development District; andway lying in the SE 1/4 of Section 30, the Whereas, the following enactment isSE 1/4 of the SW 1/4 of Section 30, the necessary to accomplish the objectivesNW 1/4 of Section 31, and the NE 1/4 of described in the premises.Section 31 all in T89N, R2E, 5th P.M., NOW, THEREFORE, BE IT ORDAINEDDubuque County, Iowa, the centerline of BY THE CITY COUNCIL OF THE CITY which is more particularly described as COUNCIL OF THE CITY OF DUBUQUE,follows: Beginning at a point of intersection IOWA, THAT:with the easterly line of the SE 1/4 of Ordinance Number 26-88, as amended bySection 30, T89N, R2E, 5th P.M., thence Ordinance No. 63-88 is hereby amended tosouthwesterly along the centerline of said read as follows:railroad, 2,700 feet, more or less a point of Section 1. For purposes of this Ordinance,intersection with the westerly line of the SE the following terms shall have the following1/4 of said Section 30; thence meanings:southwesterly continuing along said (a) Original Project Area shall mean thatcenterline 845 feet, more or less, to a point portion of the City of Dubuque, Iowa describedwhere the railroad right-of-way widens to in the Urban Renewal Plan for the Dubuque200 feet, said point being the terminus of Industrial Center Economic Developmentthis description; also, Lot 1 of the NE 1/4 of District Urban Renewal Area approved bythe SE 1/4 of Section 25, T89N, R1E, 5th Resolution No. 130-88 on May 2, 1988, andP.M., Dubuque County, Iowa, and a part of subsequently amended by Resolution No.Lot 1-1-1 of the SE 1/4 of the SE 1/4 of 484-90 on December 17, 1990, which OriginalSection 25, T89N, R1E, 5th P.M., Project Area includes the lots and parcelsDubuque County, Iowa, described as located within the area now legally describedfollows: beginning at the NE corner of said as follows:Lot 1-1-1; thence S 00 degree 15'43" W All of the Dubuque Industrial Center First,562.15 feet along the east line of said Lot Second, Third, Fourth, Fifth, Sixth,1-1-1; thence N 89 degree 05"38" W Seventh, Eighth, Ninth, Tenth and Eleventh1,336.86 feet along the northerly line of Lot Additions and the adjoining public right-of-2-1-1 of the SE 1/4 of the SE 1/4 of said way, all in the City of Dubuque, DubuqueSection 25 and extension thereof to a point County, Iowa.of intersection with the west line of said Lot The Original Project Area is referred to as1-1-1; thence N 00 degree 34'17" E 528.75 “Subarea A” in the Urban Renewal Planfeet along said west line; thence N 89 hereinafter described.degree 28'22" E 1,334.04 feet along the (b) Subarea B shall mean that portion of thenorth line of said Lot 1-1-1 to the point of City of Dubuque, Iowa described as Subareabeginning, and any adjoining public right- B in the Amended and Restated Urbanof-way. Renewal Plan for the Dubuque Industrial(c) Amended Project Area shall mean that Center Economic Development District Urbanportion of the City of Dubuque, Iowa included Renewal Area approved by Resolution No.within the Original Project Area and Subarea 478-97 on November 17, 1997 (the “UrbanB, each as described in this Section. Renewal Plan”), which Subarea B includes theSection 2. The taxes levied on the taxable lots and parcels located within the area legallyproperty in the Amended Project Area, legally described as follows:described in Section 1 hereof, by and for the White’s Addition, Lots 1 through 9 and 18benefit of the State of Iowa, City of Dubuque, through 26 and 35 through 43 and 52County of Dubuque, Dubuque Community through 60, also known as the NorthwestSchool District, and all other taxing districts Quarter (NW 1/4) of the Southeast Quarterfrom and after the effective date of this (SE 1/4), the Northeast Quarter (NE 1/4) ofOrdinance shall be divided as hereinafter in the Southeast Quarter (SE 1/4), Lot 1 ofthis Ordinance provided. the Subdivision of the Southeast QuarterSection 3. As to the Original Project Area, (SE 1/4) of the Southeast Quarter (SE 1/4),that portion of the taxes which would be and Lot 1 of the Subdivision of theproduced by the rate at which the tax is levied Southwest Quarter (SW 1/4) of theeach year by or for each of the taxing districts Southeast Quarter (SE 1/4), and anytaxing property in the Original Project Area adjoining public right-of-way, all in Sectionupon the total sum of the assessed value of Regular Session, November 17, 1997 the taxable property in the Original Project403.19 of the Code of Iowa with respect to the Area as shown on the assessment roll as ofdivision of taxes from property within Subarea January 1, 1987, being the first day of theB as described above. In the event that any calendar year preceding the effective date ofprovision of this Ordinance shall be Ordinance No. 26-88, shall be allocated to anddetermined to be contrary to law it shall not when collected be paid into the fund for theaffect other provisions or application of this respective taxing district as taxes by or forOrdinance which shall at all times be said taxing district into which all other propertyconstrued to fully invoke the provisions of taxes are paid. The taxes so determined shallSection 403.19 of the Code of Iowa with be referred herein as the “base period taxes”reference to the Amended Project Area and for such subarea.the subareas contained therein. As to Subarea B, base period taxes shallSection 8. This Ordinance shall be in be computed in the same manner using theeffect after its final passage, approval and total assessed value shown on thepublication as provided by law. assessment roll as of January 1, 1996, beingPassed and approved this 17th day of the assessment roll applicable to property inNovember, 1997. such subarea as of January 1 of the calendarTerrance M. Duggan, Mayor year preceding the effective date of thisAttest: Mary A. Davis, City Clerk Ordinance.Published officially in the Telegraph Herald Section 4. That portion of the taxes eachnewspaper this 24th day of November, 1997. year in excess of the base period taxes for the1t 11/24Mary A. Davis CMC, City Clerk Amended Project Area, determined for eachCouncil Member Buol moved that the sub-area thereof as provided in Section 3 ofrequirement that a proposed Ordinance be this Ordinance, shall be allocated to and whenconsidered and voted on for passage at two collected be paid into the special tax increment Council Meetings prior to the meeting at which fund previously established by the City of it is to be finally passed be suspended. Dubuque to pay the principal of and interest Seconded by Council Member Robbins. on loans, monies advanced to, or Motion carried 7-0. Council Member Buol indebtedness, whether funded, refunded, moved final consideration and passage of the assumed or otherwise, including bonds issued Ordinance. Seconded by Council Member under authority of Section 403.9 or Section Robbins. Motion carried 7-0. 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or refinance, Proof of publication certified to by the in whole or in part, urban renewal projects Publisher of Notice of Hearing to consider undertaken within the Amended Project Area adoption of an Amended and Restated Urban pursuant to the Urban Renewal Plan, except Renewal Plan for the Downtown Dubuque that taxes for the payment of bonds and Urban Renewal District, City Manager interest of each taxing district shall be recommending approval of Plan and collected against all taxable property within the submitting an Ordinance approving amended Amended Project Area without any limitation Tax Increment Financing District, and Long as hereinabove provided. Range Planning Advisory Commission Section 5. Unless or until the total advising of their approval and recommending assessed valuation of the taxable property in adoption of Plan, presented and read. Council the subareas of the Amended Project Area Member Voetberg moved that the proof and exceeds the total assessed value of the communications be received and filed. taxable property in said subareas shown by Seconded by Council Member Nicholson. the assessment rolls referred to in Section 3Motion carried 7-0. of this Ordinance, all of the taxes levied and collected upon the taxable property in theLarry Tuel of the Iowa Housing Corp., Amended Project Area shall be paid into theDuaine Greenfield, Paula Stenlund, Rob funds for the respective taxing districts asMcCoy and Jerry Anderson all spoke taxes by or for the taxing districts in the samerequesting adoption of Plan. Rhodes “Bud” manner as all other property taxes.Isenhart spoke for County residents stating Section 6. At such time as the loans,that this TIF District has no ending date. monies advanced, bonds and interest thereon and indebtedness of the City of DubuqueRESOLUTION 479-97 referred to in Section 4 hereof have been paid,A RESOLUTION APPROVING THE all monies thereafter received from taxes uponAMENDED AND RESTATED URBAN the taxable property in the Amended Project RENEWAL PLAN FOR THE DOWNTOWN Area shall be paid into the funds for the DUBUQUE URBAN RENEWAL DISTRICT. respective taxing districts in the same manner Whereas, on October 6, 1997, the City as taxes on all other property. Council of the City of Dubuque, Iowa Section 7. All ordinances or parts of authorized the preparation of an Amended and ordinances in conflict with the provisions of Restated Urban Renewal Plan (the "Plan") for this Ordinance are hereby repealed. The the Downtown Dubuque Urban Renewal provisions of this Ordinance are intended and District (the "District"); and shall be construed so as to continue the Whereas, the City of Dubuque's primary division of taxes from taxable property in the objective in amending this Plan is to provide Original Project Area under the provisions of opportunities for further redevelopment and Section 403.19 of the Code of Iowa, as reinvestment in the downtown; and authorized in Ordinance No. 26-88, and to Whereas, the Long Range Planning fully implement the provisions of Section Regular Session, November 17, 1997 Commission has reviewed the proposed PlanDubuque, Iowa has heretofore, in Ordinance and has found that said document isNo. 30-82, provided for the division of taxes consistent with the Comprehensive Plan forwithin the original Downtown Dubuque Urban the development of the City of Dubuque as aRenewal Project, Iowa R-15, described in whole and has transmitted its findings to theResolution No. 123-67 adopted on May 18, City Council; and1967, pursuant to Section 403.19 of the Code Whereas, a consultation process has beenof Iowa; and undertaken with affected taxing entities inWhereas, the original Downtown Dubuque accordance with Chapter 403 of the Code ofUrban Renewal Project, Iowa R-15, Iowa with no written objections orsubsequently was amended by Resolution No. recommended changes to the Plan received;79-71 on March 15, 1971, by Resolution No. and73-74 on March 11, 1974, by Resolution No. Whereas, the City Council, in accordance107-82 on May 3, 1982, by Resolution No. with Chapter 403 of the Code of Iowa, has191-84 on June 25, 1984, by Resolution No. held a public hearing on the proposed371-93 on December 6, 1993 and by amended and restated Plan after public noticeResolution No. 145-94 on May 2, 1994, which thereof.amendments, among other things, added an NOW, THEREFORE, BE IT RESOLVEDarea referred to as the Old Main Subarea to BY THE CITY COUNCIL OF THE CITY OFthe area of the Downtown Dubuque Urban DUBUQUE, IOWA:Renewal District; and Section 1. That the Amended and RestatedWhereas, consistent with the foregoing Urban Renewal Plan for the Downtownamendments, Ordinance No. 30-82 Dubuque Urban Renewal District, attachedsubsequently was amended by Ordinances hereto and made reference to herein, beNos. 23-94 and 36-94 to provide for the approved.division of taxes within the Old Main Subarea Section 2. That the City Clerk of the City ofof the amended Downtown Dubuque Urban Dubuque, Iowa is hereby authorized andRenewal District; and directed to file a certified copy of theWhereas, pursuant to Resolution No. 479- Resolution in the office of the Dubuque97 approved on November 17, 1997, County Recorder.additional territory now has been added to the Passed, approved and adopted this 17thDowntown Dubuque Urban Renewal District day of November, 1997.and an Amended and Restated Urban Terrance M. Duggan, MayorRenewal Plan approved in respect of the Attest: Mary A. Davis, City ClerkDowntown Dubuque Urban Renewal District, Council Member Voetberg moved adoptionas so amended; and of the Resolution. Seconded by CouncilWhereas, indebtedness has been incurred Member Nicholson. Motion carried 7-0. by the City, and additional indebtedness is anticipated to be incurred in the future, to finance urban renewal project activities An Ordinance Amending Ordinance No.undertaken in accordance with the Amended 30-82 providing that General Property Taxesand Restated Urban Renewal Plan for the levied and collected each year on propertyDowntown Dubuque Urban Renewal District, located within amended Downtown Dubuqueand the continuing needs of redevelopment Urban Renewal District be paid to a specialwithin the Amended and Restated Downtown fund, presented and read. Dubuque Urban Renewal District are such as to require the continued application of the (OFFICIAL PUBLICATION)incremental tax resources of the Amended ORDINANCE NO. 67-97and Restated Downtown Dubuque Urban AN ORDINANCE AMENDING ORDINANCERenewal District; and NO. 30-82 PROVIDING THAT GENERALWhereas, the following enactment is PROPERTY TAXES LEVIED ANDnecessary to accomplish the objectives COLLECTED EACH YEAR ON ALLdescribed in the premises. PROPERTY LOCATED WITHIN THENOW, THEREFORE, BE IT ORDAINED AMENDED AND RESTATED DOWNTOWNBY THE CITY COUNCIL OF THE CITY OF DUBUQUE URBAN RENEWAL DISTRICTDUBUQUE, IOWA, THAT: OF THE CITY OF DUBUQUE, COUNTY OFOrdinance Number 30-82 as amended by DUBUQUE, STATE OF IOWA, BY AND FOROrdinance Nos. 23-94 and 36-94, is hereby THE BENEFIT OF THE STATE OF IOWA,amended to read as follows: CITY OF DUBUQUE, COUNTY OFSection 1. For purposes of this Ordinance, DUBUQUE, DUBUQUE COMMUNITYthe following terms shall have the following SCHOOL DISTRICT AND OTHER TAXINGmeanings: DISTRICTS, BE PAID TO A SPECIAL FUND(a) Original Town Clock Subarea shall FOR PAYMENT OF PRINCIPAL ANDmean that portion of the City of Dubuque, Iowa INTEREST ON LOANS, MONIESdescribed in the Urban Renewal Plan for the ADVANCED TO AND INDEBTEDNESS,Downtown Dubuque Urban Renewal Project, INCLUDING BONDS ISSUED OR TO BEIowa R-15, approved by Resolution No. 123- ISSUED, INCURRED BY SAID CITY IN67 on May 18, 1967, which Original Town CONNECTION WITH THE AMENDED ANDClock Subarea includes the lots and parcels RESTATED URBAN RENEWAL PLAN FORlocated within the area now legally described THE DOWNTOWN DUBUQUE URBANas follows: RENEWAL DISTRICTBeginning at the intersection of the north Whereas, the City Council of the City ofright-of-way line of Ninth Street with the Regular Session, November 17, 1997 east right-of-way line of Central Avenue;Section 3. As to the Original Town Clock thence south along the east right-of-waySubarea, that portion of the taxes which would line of Central Avenue to its intersectionbe produced by the rate at which the tax is with the south right-of-way line of Fourthlevied each year by or for each of the taxing Street; thence west along the south right-districts taxing property in the Original Town of-way line of Fourth Street to itsClock Subarea upon the total sum of the intersection with the west right-of-way lineassessed value of the taxable property in the of Locust Street; thence north along theOriginal Town Clock Subarea as shown on the west right-of-way line of Locust Street to itsassessment roll as of January 1, 1966, being intersection with the north right-of-way linethe assessment roll last equalized prior to the of Ninth Street; thence east along the northdate of the initial adoption of the Urban right-of-way line of Ninth Street to itsRenewal Plan for the Downtown Dubuque intersection with the east right-of-way lineUrban Renewal Project, Iowa R-15, shall be of Central Avenue which is the point ofallocated to and when collected be paid into beginningthe fund for the respective taxing district as (b) Old Main Subarea shall mean thattaxes by or for said taxing district into which all portion of the City of Dubuque, Iowa describedother property taxes are paid. The taxes so in the Amended and Restated Urban Renewaldetermined shall be referred herein as the Plan for the Downtown Dubuque Urban“base period taxes” for such subarea. Renewal District approved by Resolution No.As to Old Main Subarea, base period taxes 145-94 on May 2, 1994, which Old Mainshall be computed in the same manner using Subarea includes the lots and parcels locatedthe total assessed value shown on the within the area legally described as follows:assessment roll as of January 1, 1993, being Beginning at the intersection of the souththe assessment roll as of January 1 of the right-of-way line of Fourth Street with thecalendar year preceding the effective date of east right-of-way line of Central Avenue;Ordinance No. 23-94. thence west along the south right-of-wayAs to the Town Clock Expansion Subarea, line of Fourth Street to the west right-of-base period taxes shall be computed in the way line of Locust Street; thence southsame manner using the total assessed value along the west right-of-way line of Locustshown on the assessment roll as of January 1, Street to the north right-of-way line of the1996, being the assessment roll applicable to Locust Street Connector; thence east alongproperty in such subarea as of January 1 of the north right-of-way line of the Locustthe calendar year preceding the effective date Street Connector to the west right-of-wayof this Ordinance. line of Highways 151/61; thence northSection 4. That portion of the taxes each along the west right-of-way line ofyear in excess of the base period taxes for the Highways 151/61 to the point of beginning.Amended Project Area, determined for each (c) Town Clock Expansion Subarea shallsubarea thereof as provided in Section 3 of mean that portion of the City of Dubuque, Iowathis Ordinance, shall be allocated to and when described in the Urban Renewal Plan, whichcollected be paid into the special tax increment Town Clock Expansion Subarea includes thefund previously established by the City of lots and parcels located within the area legallyDubuque to pay the principal of and interest described as follows:on loans, monies advanced to, or South ½ of City Lot 167, City Lot 168 andindebtedness, whether funded, refunded, City Lot 168A; Lots 1 & 2 of City Lots 204,assumed or otherwise, including bonds issued 205, 206, 207 and 208, N. 23' of City Lotunder authority of Section 403.9 or Section 263, S. 28.5' of City Lot 263, N. ½ of City403.12 of the Code of Iowa, incurred by the Lot 262, S. ½ of City Lot 262, N. ½ of CityCity of Dubuque, Iowa to finance or refinance, Lot 261, all in Section 24, Township 89in whole or in part, urban renewal projects North, Range 2 East, 5th P.M., Dubuqueactivities undertaken within the Amended County, Iowa and any adjoining publicProject Area pursuant to the Urban Renewal right-of-way.Plan, except that taxes for the payment of (d) Amended Project Area shall mean thebonds and interest of each taxing district shall areas of the City of Dubuque, Iowa includedbe collected against all taxable property within within the Original Town Clock Subarea, thethe Amended Project Area without any Old Main Subarea and the Town Clocklimitation as hereinabove provided. Expansion Subarea, each as described in thisSection 5. Unless or until the total Section.assessed valuation of the taxable property in (e) Urban Renewal Plan shall mean thethe subareas of the Amended Project Area Amended and Restated Urban Renewal Planexceeds the total assessed value of the for the Downtown Dubuque Urban Renewaltaxable property in said subareas shown by District approved by Resolution No. 479-97 onthe assessment rolls referred to in Section 3 November 17, 1997.of this Ordinance, all of the taxes levied and Section 2. The taxes levied on the taxablecollected upon the taxable property in the property in the Amended Project Area, legallyAmended Project Area shall be paid into the described in Section 1 hereof, by and for thefunds for the respective taxing districts as benefit of the State of Iowa, City of Dubuque,taxes by or for the taxing districts in the same County of Dubuque, Dubuque Communitymanner as all other property taxes. School District, and all other taxing districtsSection 6. At such time as the loans, from and after the effective date of thismonies advanced, bonds and interest thereon Ordinance shall be divided as hereinafter inand indebtedness of the City of Dubuque this Ordinance provided.referred to in Section 4 hereof have been paid, Regular Session, November 17, 1997 all monies thereafter received from taxes uponmay undertake special financing activities, the taxable property in the Amended Projectincluding loans or grants to private developers, Area shall be paid into the funds for theto meet the objectives of the Plan and to respective taxing districts in the same mannerencourage the development of the District; and as taxes on all other property.Whereas, the City Council has determined, Section 7. All ordinances or parts ofin accordance with the factors set forth in ordinances in conflict with the provisions ofSection 15A.1 of the Iowa Code, that Weber this Ordinance are hereby repealed. ThePaper Company is qualified to receive such provisions of this Ordinance are intended andloan or grant assistance to assist its relocation shall be construed so as to continue theand expansion in the District; and division of taxes from taxable property in theWhereas, pursuant to published notice, the Original Town Clock Subarea and the OldCity Council has held a public hearing on the Main Subarea under the provisions of Sectionproposition of obligating Tax Increment 403.19 of the Code of Iowa, as authorized inRevenue to assist Weber Paper Company, Ordinance Nos. 30-82, 23-94 and 36-94, andand has considered and overruled any and all to fully implement the provisions of Sectionobjections thereto; and 403.19 of the Code of Iowa with respect to theWhereas, an Assessment Agreement, division of taxes from property within the Townhereto attached and by this reference made a Clock Expansion Subarea as described above.part hereof, sets forth the terms and In the event that any provision of thisconditions of a minimum property tax Ordinance shall be determined to be contraryassessment and the disbursement of Tax to law it shall not affect other provisions orIncrement proceeds to Weber Paper application of this Ordinance which shall at allCompany. times be construed to fully invoke theNOW, THEREFORE, BE IT RESOLVED provisions of Section 403.19 of the Code ofBY THE CITY COUNCIL OF THE CITY OF Iowa with reference to the Amended ProjectDUBUQUE, IOWA: Area and the subareas contained therein.Section 1. That the form of Assessment Section 8. This Ordinance shall be inAgreement by and among the City of effect after its final passage, approval andDubuque, Weber Paper Company and the publication as provided by law.City Assessor of the City of Dubuque, Iowa Passed and approved this 17th day ofattached hereto is hereby approved. November, 1997.Section 2. That the Mayor and City Clerk Terrance M. Duggan, Mayorare hereby authorized to execute, on behalf of Attest: Mary A. Davis, City Clerkthe City Council of the City of Dubuque, Iowa, Published officially in the Telegraph Heraldsaid Assessment Agreement in substantially the form attached hereto, but with such newspaper this 24th day of November, 1997. changes as they, with the assistance of the 1t 11/24Mary A. Davis CMC, City Clerk Corporation Counsel, find to be appropriate, Council Member Voetberg moved that the their execution thereof to constitute this requirement that a proposed Ordinance be Council's approval of said Assessment considered and voted on for passage at two Agreement. Council Meetings prior to the meeting at which Passed, approved and adopted this 17th it is to be finally passed be suspended. day of November, 1997. Seconded by Council Member Nicholson. Terrance M. Duggan, Mayor Motion carried 7-0. Council Member Voetberg Attest: Mary A. Davis, City Clerk moved final consideration and passage of the Council Member Robbins moved adoption Ordinance. Seconded by Council Member Nicholson. Motion carried 7-0. of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice of Public Hearing toCity Manager recommending approval of consider issuance of $150,000 UrbanAssistance to Iowa Inn project and requesting Renewal Tax Increment Revenue Obligationspublic hearing be set for Urban Revitalization for Weber Paper Company and City ManagerDistrict on January 19, 1998, (Housing recommending execution of assessmentCommission and Housing Trust Fund agreement, presented and read. CouncilCommittee from $180,000 HUD Special Member Robbins moved that the proof andPurpose Grant received by the City in 1998; communication be received and filed.Downtown Rehab Program Loan in amount of Seconded by Council Member Buol. Motion$300,000; Ten year Tax abatement for property; Sixteen (16) parking permits in carried 7-0. municipal lot located across from Iowa St.,), Council Member Michalski moved that the RESOLUTION NO. 480-97 communications be received and filed and set A RESOLUTION AUTHORIZING THE Public Hearing for 1-19-98 at 7:00 p.m. in the EXECUTION OF AN ASSESSMENT Public Library Auditorium and direct the City AGREEMENT WITH WEBER PAPER Clerk to publish notice in the manner COMPANY. prescribed by law. . Seconded by Council Whereas, the City Council, after public Member Krieg. Motion carried 7-0. hearing, duly adopted an Amended and Restated Urban Renewal Plan for the RESOLUTION NO. 481-97 Dubuque Industrial Center Economic A RESOLUTION AUTHORIZING A LETTER Development District; and OF COMMITMENT AND ADDITIONAL Whereas, said Plan provides that the City ACTIONS CONCERNING A DOWNTOWN Regular Session, November 17, 1997 REHABILITATION LOAN TO STOUTas found in Chapter 404 “Urban Revitalization” PLACE APARTMENTS, L. C.of the Iowa Code; and Whereas, the City of Dubuque, Iowa, hasWhereas, the City Council has determined created a Downtown Rehabilitation Loanthat the creation of an Urban Revitalization Program for the purpose of stimulatingDistrict will provide additional authority and reinvestment in the Downtown Dubuqueregulations to encourage reinvestment and Urban Renewal District; andredevelopment of the former Iowa Inn property; Whereas, the City of Dubuque, Iowa isand encouraging the use of this loan program toWhereas, Chapter 404 of the Iowa Code finance code compliance activities and to spurrequires that before urban revitalization job creation and upper story housing unitauthority may be exercised, a City Council development; andmust adopt a resolution of necessity finding Whereas, the loan application from thethat the area in question is a slum, blighted or Stout Place Apartments, L. C. meets theeconomic development area, and that so requirements of this program; and designating such area is necessary in the Whereas, a Commitment Letter, heretointerest of the public health, safety or welfare attached and by this reference made a partof the residents of the municipality. hereof, sets forth the terms and conditions ofNOW, THEREFORE, BE IT RESOLVED Stout Place Apartments, L. C.'s participationBY THE CITY COUNCIL OF THE CITY OF in the Downtown Rehabilitation Loan Program.DUBUQUE, IOWA: NOW, THEREFORE, BE IT RESOLVEDSection 1. That the following described BY THE CITY COUNCIL OF THE CITY OFarea is a blighted area as defined by Chapter DUBUQUE, IOWA:404 of the Iowa Code and is appropriate for an Section 1. That the application of Stouturban renewal project to wit: Place Apartments, L. C. for participation in theSouth ½ of City Lot 167, City Lot 168 and Downtown Rehabilitation Loan Program isCity Lot 168A all in Section 24, Township hereby accepted and approved.89 North, Range 2 East, 5th P.M., Section 2. That the Mayor is herebyDubuque County, Iowa (hereinafter, the authorized to execute, on behalf of the City“Area”). Council of the City of Dubuque, Iowa, theSection 2. That the redevelopment of the attached Commitment Letter and to forwardArea is necessary and appropriate to facilitate said letter to Stout Place Apartments, L. C. forthe proper growth and development of the review and approval.community in accordance with sound planning Section 3. That the City Manager be andand local community objectives. he is hereby directed to prepare, uponSection 3. That the City Manager is execution and receipt of the attachedauthorized and directed to prepare an Urban Commitment Letter by the applicant, theRevitalization Plan for the area and to forward necessary loan documents in accordance withsaid Plan to the City’s Long Range Planning the terms and conditions set forth in saidCommission for review and comment. Commitment Letter.Section 4. That the City Clerk is further Section 4. That the City Manager is herebydirected to send by ordinary mail a copy of authorized to execute, on behalf of the Citysaid notice of public hearing to the last know Council of the City of Dubuque, Iowa, alladdress of the owners of record and to the necessary loan documents and is furtheroccupants of the address located within the authorized to disburse loan funds from theproposed area. Downtown Rehabilitation Loan Program, inPASSED, APPROVED and ADOPTED accordance with the terms and conditions ofthis 17th day of November, 1997. the executed agreement.Terrance M. Duggan, Mayor Passed, approved and adopted this 17thATTEST: Mary A. Davis, City Clerk day of November, 1997. Council Member Michalski moved adoption Terrance M. Duggan, Mayorof the Resolution. Seconded by Council Attest: Mary A. Davis, City ClerkMember Krieg. Motion carried 7-0. Council Member Michalski moved adoptionMarty McNamer requesting to purchase a of the Resolution. Seconded by Councilparcel of land located at intersection of Member Krieg. Motion carried 7-0. Fremont Avenue and Bonnie Court, and Copy RESOLUTION NO. 482-97of communication of Public Works Director A RESOLUTION OF NECESSITY FINDINGsent to Mr. McNamer, dated October 23, 1997 THAT THE FORMER IOWA INNresponding to request and concerns, PROPERTY IS AN AREA MEETING THEpresented and read. Council Member DEFINITION OF BLIGHT AND THATNicholson moved that the City negotiate with REDEVELOPMENT OF SAID AREA ISMr. McNamer for the sale of the property and NECESSARY IN THE INTEREST OF THEresolve his threat for taking and no access to RESIDENTS OF THE CITY OF DUBUQUE,either road or we keep it. Seconded by IOWA.Council Member Krieg. Motion carried 7-0. Whereas the City Council of the City of Dubuque has determined that theCity Manager recommending approval to redevelopment of the former Iowa Inn propertypurchase 4 remanufactured Buses from Blitz will enhance the City’s ongoing downtownfor Keyline, presented and read. Council economic development and rehabilitationMember Nicholson moved that the efforts; and communication be received and filed and Whereas the City Council has found thatrecommendation approved. Seconded by the area meets the definition of a blighted areaCouncil Member Buol. Motion carried 7-0. Regular Session, November 17, 1997 City Manager submitting an Ordinance3. Notwithstanding paragraph (5), the amending certain portions of Section 5 of theapplicant is a citizen of the United States and City Code of Ordinances, presented and read.a resident of the state, or is licensed to do Council Member Michalski moved that thebusiness in the state in the case of a communication be received and filed.corporation. Notwithstanding paragraph (5), in Seconded by Council Member Nicholson.the case of a partnership, only one general Motion carried 7-0. partner need be a resident of this state. 4. The person has not been convicted of a An Ordinance Amending certain portion offelony; however, if a conviction of a felony Section 5 of Code of Ordinances “Alcoholicoccurred more than five (5) years before the Beverages” to be in conformity with State Law,application for a license or permit, and if the presented and read.person’s rights of citizenship have been restored by the governor, the director may (OFFICIAL PUBLICATION)determine that the person is a person of moral ORDINANCE NO. 68-97character notwithstanding the conviction. AN ORDINANCE AMENDING CHAPTER 55. The requirements of this subsection “ALCOHOLIC BEVERAGES” OF THEapply to the following: CODE OF ORDINANCES OF THE CITY OFa) Each of the officers, directors, and DUBUQUE, IOWA, BY AMENDING INpartners of such person. SECTION 5-2 “DEFINITIONS,” THEb) A person who directly or indirectly owns or DEFINITIONS OF “LEGAL AGE” ANDcontrols ten percent or more of any class of “PERSONS OF GOOD MORALstock of such person. CHARACTER”; AMENDING SECTION 5-3c) A person who directly or indirectly has an “PROHIBITED SALES AND ACTS”;interest of ten percent or more in the AMENDING SECTION 5-4 “SUNDAYownership or profits of such person. SALES”; AMENDING SECTION 5-7Section 2. That Section 5-3 of the Code of “PERSONS UNDER AGE TWENTY ONE”;Ordinances of the City of Dubuque be AMENDING SECTION 5-7.1 “PERSONSamended to read as follows: UNDER TWENTY ONE YEARS OF AGEA person or club holding a liquor license or PROHIBITED FROM ATTEMPTING TOretail wine or beer permit under this Chapter, PURCHASE OR OTHERWISE OBTAINand the person’s or club’s agents or ALCOHOLIC LIQUOR, AND FROMemployees, shall not do any of the following: MISREPRESENTING THE PERSON’S1) Sell, dispense, or give to any intoxicated AGE”; REPEALING SECTION 5-20person, or a person simulating intoxication, “CLASSES OF BEER PERMITS AND WINEany alcoholic liquor, wine or beer. PERMITS”; REPEALING SECTION 5-212) Sell or dispense any alcoholic liquor, ENTITLED “CLASSES OF LIQUORwine or beer on the premises covered by the CONTROL LICENSES”; AMENDINGlicense or permit, or permit its consumption SECTION 5-27 ENTITLEDthereon between the hours of two o’clock “REQUIREMENTS FOR PREMISES”(2:00) AM and six o’clock (6:00) AM on any AMENDING SECTION 5-29 ENTITLEDweekday, and between the hours of two “FEES AND SURCHARGES”; AMENDINGo’clock (2:00) AM on Sunday and six o’clock SECTION 5-36 “SUSPENSION AND(6:00) AM on the following Monday; however, REVOCATION-GENERALLY; GROUNDS”a holder of a liquor control license or retail AMENDING SECTION 5-37 “SAME-beer permit granted the privilege of selling SPECIFIC TERMS.” alcoholic liquor, wine or beer on Sundays, may NOW, THEREFORE, BE IT ORDAINEDsell or dispense such liquor, wine or beer on BY THE CITY COUNCIL OF THE CITY OFSunday only between the hours of eight DUBUQUE, IOWA:o’clock (8:00) AM and two o’clock (2:00) AM Section 1. That Section 5-2 of the Code ofthe following Monday. Ordinances of the City of Dubuque definitions3) Sell alcoholic beverages, wine or beer to of “legal age” and “persons of good moralany person on credit, except with a bona fide character” be amended to read as follows:credit card. This provision shall not apply to Legal age means twenty one (21) years ofsales by a club to its members nor to sales by age or more.a hotel or motel to bona fide registered guests. Persons of good moral character means4) Employ any person under the age of eighteen (18) years in the sale or serving of any person who meets all of the following alcoholic liquor, wine or beer for consumption requirements: on the premises where sold. 1. The person has such financial standing 5) In the case of a retail beer or wine and good reputation as will satisfy the Council permittee, knowingly allow the mixing or and the Director that the person will comply adding of alcohol or any alcoholic beverage to with the Iowa Alcoholic Beverages Control Act, beer, wine or any other beverage in or about all other laws, provisions of the Code, other the permittee’s place of business. city ordinances, and regulations applicable to 6) Keep, or allow to be kept, gambling the person’s operations under State law. devices of any kind or description on the However, the Council shall not require the premises of place of business of the licensee person to post a bond to meet the or permit holder, contrary to law. requirements of this paragraph. 7) Keep on premises covered by a liquor 2. The person is not prohibited by the control license any alcoholic liquor in any provisions of Section 5-39 from obtaining a container except the original package liquor license or beer permit. purchased from the Division, and except Regular Session, November 17, 1997 mixed drinks or cocktails mixed on thefor a reasonable length of time by a police premises for immediate consumption. Thisofficer, owner, operator or an employee of a prohibition does not apply to common carrierspublic establishment or private club where holding a Class D liquor control license.alcoholic liquor, wine or beer is sold or 8) Reuse for packaging alcoholic liquor ordispensed for off-premises or on-premises wine any container or receptacle usedconsumption for the purpose of investigating originally for packaging alcoholic liquor oror determining the person’s true age and wine; or adulterate, by the addition of anyidentity. Such detention shall not render the substances, the content or remaining contentsdetainer criminally or civilly liable for false of an original package of an alcoholic liquor orarrest, false imprisonment or unlawful wine; or knowingly possess any originaldetention. package which has been so reused orc) The manager of any public adulterated.establishment that sells alcoholic liquor, wine Section 3. That Section 5-4 of the Code ofor beer for on-premises or off-premises Ordinances of the City of Dubuque beconsumption and the manager of any private amended to read as follows:club that serves alcoholic liquor, wine or beer Any club, hotel, motel or commercialfor on-premises consumption shall be required establishment holding a liquor control licenseto post in a conspicuous place a notice or beer permit may apply for and receivestating: permission, in accordance with section 123 ofNOTICE TO PERSONS the Code of Iowa, to sell and dispenseUNDER 21 YEARS OF AGE alcoholic liquor, wine and beer to patrons onYou are subject to a maximum $100.00 Sunday between the hours of eight o’clockfine for a first offense for attempting to (8:00) AM Sunday and two o’clock (2:00) AMpurchase or otherwise obtain alcoholic the following Monday.liquor, wine or beer or for misrepresenting Section 4. That Section 5-7 of the Code ofyour age for the purpose of purchasing Ordinances of the City of Dubuque bealcoholic liquor, wine or beer. amended to read as follows:The size of said notice shall be not less a) A person or persons under legal agethan eight and one-half inches by eleven shall not purchase or attempt to purchase, orinches. individually or jointly have alcoholic liquor, wine(8 1/2” x 11”) or beer in their possession or control; exceptSection 6. That the Code of Ordinances of in the case of liquor, wine or beer given orthe City of Dubuque be amended by repealing dispensed to a person under the legal ageSection 5-20 entitled “Classes of beer permits within a private home and with the knowledge,and wine permits.” presence, and consent of the parent orSection 7. That the Code of Ordinances of guardian, for beverage or medicinal purposesthe City of Dubuque be amended by repealing or administered to the person by either ag Section 5-21 entitled “Classes of liquor physician or dentist for medicinal purposescontrol licenses.” and except to the extent that a person underSection 8. That Section 5-27 of the Code the legal age may handle alcoholic liquor, wineof Ordinances of the City of Dubuque be and beer during the regular course of theamended to read as follows: person’s employment by a liquor controla) An applicant for a liquor control license, licensee, or wine or beer permittee under thiswine permit or beer permit, as further condition section.for approval by the council, must give consent b) A person who is under legal age, otherin writing on the application that members of than a licensee or permittee, who violates thisthe fire and police departments and the section regarding the purchase of or attemptbuilding and health services divisions may to purchase alcoholic liquor, wine or beer, orenter upon the premises without warrant to possessing or having control of alcoholicinspect for violations of the provisions of state liquor, wine or beer commits a simplelaw and of this chapter. misdemeanor punishable by a fine of oneb) In addition to any other requirements, hundred dollars for the first offense.the premises for which a beer permit, wine Section 5. That Section 5-7.1 of the Codepermit, or liquor control license is sought shall of Ordinances of the City of Dubuque bemeet the following requirements. amended to read as follows:1) No liquor control license, wine permit or a) A person under legal age shall notbeer permit shall be approved for premises misrepresent the person’s age for the purposewhich do not conform to all applicable laws, of purchasing or attempting to purchase anyprovisions of this code and other ordinances, alcoholic liquor, wine or beer from any licenseeresolutions and health and fire regulations. or permittee. If any person under the legal age2) No licensee shall have or maintain any misrepresents the person’s age, and theinterior access to residential or sleeping licensee or permittee establishes that thequarters unless permission is granted by the licensee or permittee made reasonable inquiryadministrator in the form of a living quarters to determine whether the prospectivepermit. purchaser was over the legal age, the licensee3) The premises for which a retail beer or permittee is not guilty of selling alcoholicpermit is sought shall be located within a liquor, wine or beer to a person under legalbusiness district or an area now or hereafter age.zoned to permit such business and shall b) A person violating this section orconform to the zoning requirements of the city. reasonably believed to be violating this sectionHowever, no class B beer permit shall be may be detained in a reasonable manner andissued for premises located in Local Business Regular Session, November 17, 1997 A District Classification unless a publicsubsections (1) to (5), inclusive, of section 5-3 hearing is first held therefor and due notice ofof this chapter shall, subject to paragraph (b) such public hearing has first been given.of this section, be grounds for suspension or 4) The premises of a retail beer permitteerevocation of the license or permit by the shall, at the time of application, continue to bedivision or the city. However, if any liquor equipped with sufficient tables and seats tocontrol licensee is convicted of any violation of accommodate twenty-five (25) persons at onesection 123.49(2)(a), (d), and (3) of the Code time.of Iowa, or any beer permittee convicted of a Section 9. That Section 5-29 of the Codeviolation of section 123.49(2)(a) of the Code of of Ordinances of the City of Dubuque beIowa, the liquor control license, wine or beer amended to read as follows:permit shall be revoked and shall immediately Fees and surcharges shall be submittedbe surrendered by the holder, and the bond of with the respective application for a beerthe license or permit holder shall be forfeited permit, wine permit, or liquor control license, into the division. accordance with the requirements of sectionb) If any licensee, wine permittee, beer 123 of the Code of Iowa.permittee or employee of such licensee or Section 10. That Section 5-36 of the Codepermittee shall be convicted of a violation of of Ordinances of the City of Dubuque besection 123.49(2)(h) of the Code of Iowa or a amended to read as follows:retail beer permittee shall be convicted of a 1. In addition to the penalties in Section 5-violation of subsection (5) of 5-3, the city shall, 37, the city council may suspend a license orin addition to the other penalties fixed for such permit issued pursuant to the chapter for aviolations by this section, assess a penalty as period not to exceed one year, revoke thefollows. license or permit, or impose a civil penalty not(1) Upon a first conviction, the violator to exceed one thousand dollars per violation.shall be assessed a civil penalty in the amount Before suspension, revocation, or impositionof three hundred dollars ($300). Failure to pay of a civil penalty, the license or permit holderthe civil penalty will result in automatic shall be given written notice and ansuspension of the license or permit for a opportunity for a hearing.period of fourteen (14) days. 2. A license or permit issued under this(2) Upon a second conviction within a chapter may be suspended or revoked, or aperiod of two (2) years, the violator’s liquor civil penalty may be imposed on the license orcontrol license, wine or beer permit shall be permit holder for any of the following causes:suspended for a period of thirty (30) days. a. Misrepresentation of any material fact in(3) Upon a third conviction within a period the application for the license or permit.of three (3) years, the violator’s liquor control b. Violation of any of the provisions of thislicense, wine or beer permit shall be chapter.suspended for a period of sixty (60) days. c. Any change in the ownership or interest(4) Upon a fourth conviction within a period in the business operated under a class “A”,of three (3) years, the violator’s liquor control class “B”, or class “C” liquor control license, orlicense, wine or beer permit shall be revoked. any wine or beer permit, which change wasSection 12. This Ordinance shall take not previously reported to and approved by theeffect upon publication. local authority and the division.Passed, approved and adopted this 17th d. An event which would have resulted inday of November, 1997. disqualification from receiving the Terrance M. Duggan, Mayor license or permit when originally issued.Attest: Mary A. Davis, City Clerk e. Any sale, hypothecation, or transfer ofPublished officially in the Telegraph Herald the license or permit.newspaper this 21st day of November, 1997. f. The failure or refusal on the part of the1t 11/21Mary A. Davis, City Clerk licensee or permittee to render any report orCouncil Member Michalski moved that the remit any taxes to the division under thisrequirement that a proposed Ordinance be chapter when due.considered and voted on for passage at two 3. A criminal conviction is not aCouncil Meetings prior to the meeting at which prerequisite to suspension, revocation, orit is to be finally passed be suspended. imposition of a civil penalty pursuant to thisSeconded by Council Member Nicholson. section.Motion carried 7-0. Council Member Michalski 4. The city council may suspend any retailmoved final consideration and passage of the wine or beer permit or liquor control license forOrdinance. Seconded by Council Member a violation of this ordinance or any of the Nicholson. Motion carried 7-0. provisions of the Iowa Alcoholic Beverage Control Act. City Manager submitting documents 5. If the cause for suspension is a first providing for bidding process for Granger offense violation of 123.49, (2)(h), of the Code Creek Interceptor Sewer Extension, presented of Iowa, the city council shall impose a penalty and read. Council Member Buol moved that in the amount of three hundred dollars in lieu the communication be received and filed. of suspension of the license or permit. Seconded by Council Member Nicholson. Section 11. That Section 5-37 of the Code Motion carried 7-0. of Ordinances of the City of Dubuque be amended to read as follows: RESOLUTION NO. 483-97 a) The conviction of any liquor control PRELIMINARY APPROVAL licensee, wine permittee or beer permittee for OF PLANS AND SPECIFICATIONS a violation of any of the provisions of Regular Session, November 17, 1997 NOW THEREFORE, BE IT RESOLVEDspecifications heretofore adopted. BY THE CITY COUNCIL OF THE CITY OFThat the City Clerk is hereby directed to DUBUQUE, IOWA:advertise for bids for the construction of the That the proposed plans, specifications,improvements herein provided, to be published form of contract and estimated cost for thein a newspaper having general circulation in Granger Creek Interceptor Sewer Extension,the City of Dubuque, Iowa, which notice shall in the estimated amount of $1,313,013.03, arenot be less than four days nor more than hereby approved and ordered filed in the officetwenty days prior to the receipt of said bids at of the City Clerk for public inspection.2:00 p.m. on the 3rd day of December, 1997. Passed, adopted and approved this 17thBids shall be opened and read by the City day of November, 1997.Clerk at said time and will be submitted to the Terrance M. Duggan, MayorCouncil for final action at 7:00 p.m. on the Attest: Mary A. Davis, City Clerk15th day of December, 1997. Council Member Buol moved adoption ofPassed, adopted and approved this 17th the Resolution. Seconded by Council Memberday of November, 1997. Nicholson. Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk RESOLUTION NO. 484-97Council Member Buol moved adoption of FIXING DATE OF HEARINGthe Resolution. Seconded by Council Member ON PLANS AND SPECIFICATIONSNicholson. Motion carried 7-0. Whereas, the City Council of the City of Dubuque, Iowa has given its preliminaryZoning Advisory Commission advising of approval on the proposed plans,their approval to rezone property at 1697 specifications, and form of contract andJackson Street from R-2A to C-1 as requested placed same on file in the office of the Cityby Vicki Bechen, presented and read. Council Clerk for public inspection of the GrangerMember Voetberg moved that the Creek Interceptor Sewer Extension.communication be received and filed. NOW THEREFORE, BE IT RESOLVEDSeconded by Council Member Buol. Motion BY THE CITY COUNCIL OF THE CITY OFcarried 7-0. DUBUQUE, IOWA: That on the 15th day of December, 1997, aAn Ordinance Amending Zoning Map by public hearing will be held at 7:00 p.m. in thereclassifying property located at 1697 Jackson Public Library Auditorium at which timeStreet from R-2A Alternate Two-Family interested persons may appear and be heardResidential District to C-1 Neighborhood for or against the proposed plans andCommercial District, presented and read. specifications, form of contract and cost ofCouncil Member Voetberg moved that the said improvement, and the City Clerk be andrequirement that a proposed Ordinance be is hereby directed to cause a notice of timeconsidered and voted on for passage at two and place of such hearing to be published in aCouncil Meetings prior to the meeting at which newspaper having general circulation in theit is to be finally passed be suspended. City of Dubuque, Iowa, which notice shall beSeconded by Council Member Buol. Motion not less than four days nor more than twentycarried 7-0. Council Member Voetberg moved days prior to the day fixed for its consideration.that a Public Hearing be held on the proposed At the hearing, any interested person mayOrdinance on the 1st day of December, 1997 appear and file objections to the proposedat 7:00 p.m. in the Public Library Auditorium plans, specifications, contract, or estimatedand direct the City Clerk to publish notice in cost of the improvement.the manner prescribed by law. Seconded by Passed, adopted and approved this 17thCouncil Member Buol. Motion carried 7-0. day of November, 1997. Terrance M. Duggan, MayorZoning Advisory Commission advising of Attest: Mary A. Davis, City Clerktheir approval to rezone property located at Council Member Buol moved adoption of305 W. 16th Street from OS to OR District, the Resolution setting Hearing for 12-15-97 atwith conditions, as requested by Benkel, Inc., 7:00 p.m. in the Public Library Auditorium andpresented and read. Council Member direct the City Clerk to publish notice in theVoetberg moved that the communication be manner prescribed by law. Seconded byreceived and filed. Seconded by Council Council Member Nicholson. Motion carried 7-Member Nicholson. Motion carried 7-0. 0. An Ordinance Amending Zoning Map by RESOLUTION NO. 485-97reclassifying property located at 305 W. 16th ORDERING BIDSStreet from OS Office Service District to OR NOW THEREFORE, BE IT RESOLVEDOffice Residential District with Conditions, BY THE COUNCIL OF THE CITY OFpresented and read. Voetberg moved that the DUBUQUE, IOWA:requirement that a proposed Ordinance be That the Granger Creek Interceptor Sewerconsidered and voted on for passage at two Extension is hereby ordered to be advertisedCouncil Meetings prior to the meeting at which for bids for construction.it is to be finally passed be suspended. BE IT FURTHER RESOLVED, that theSeconded by Nicholson. Motion carried 7-0. amount of the security to accompany each bidVoetberg moved that a Public Hearing be held shall be in an amount which shall conform toon the proposed Ordinance on the 1st day of the provisions of the notice to bidders herebyDecember, 1997 at 7:00 p.m. in the Public approved as a part of the plans andLibrary Auditorium and direct the City Clerk to Regular Session, November 17, 1997 publish notice in the manner prescribed byHearing be held on the proposed Ordinance law. Seconded by Nicholson. Motion carriedon the 15th day of December, 1997 at 7:00 7-0. p.m. in the Public Library Auditorium and direct the City Clerk to publish notice in the Zoning Advisory Commission advising ofmanner prescribed by law. Seconded by their approval to rezone property located atCouncil Member Buol. Motion carried 7-0. Northeast corner of 12th & Pine Street from HI to MHI District as requested by City ofCity Manager recommending approval to Dubuque, presented and read. Councilproceed with sale of property at 750 Montcrest Member Voetberg moved that theand set public hearing for 12-1-97, presented communication be received and filed.and read. Council Member Voetberg moved Seconded by Council Member Buol. Motionthat the communication be received and filed. carried 7-0. Seconded by Council Member Buol. Motion carried 7-0. An Ordinance Amending Zoning Map by reclassifying property located East of PineRESOLUTION NO. 486-97 Street, North of 12th Street, South of 14thRESOLUTION OF INTENT TO DISPOSE OF Street and West of Highway 61/151 from HIINTEREST IN LOTS 38, 39 AND 40 OF THE Heavy Industrial District to MHI ModifiedPLEASANT VIEW ADDITION IN THE CITY Heavy Industrial District, presented and read.OF DUBUQUE TO WILLIAM G. AND Council Member Voetberg moved that thePATRICIA M. MCGUIRE requirement that a proposed Ordinance beWhereas, the City of Dubuque is the considered and voted on for passage at twocurrent owner of Lots 38, 39 and 40 of Council Meetings prior to the meeting at whichPleasant View Addition in the City of it is to be finally passed be suspended.Dubuque, Iowa; and Seconded by Council Member Buol. MotionWhereas, the adjacent property owners, carried 7-0. Council Member Voetberg movedWilliam G. and Patricia M. McGuire, have that a Public Hearing be held on the proposedpetitioned to purchase said property from the Ordinance on the 1st day of December, 1997City of Dubuque. at 7:00 p.m. in the Public Library AuditoriumNow, Therefore, Be It Resolved by the City and direct the City Clerk to publish notice inCouncil of the City of Dubuque, Iowa: the manner prescribed by law. Seconded bySection 1. That the City of Dubuque, Iowa Council Member Buol. Motion carried 7-0. intends to dispose of its interest in Lots 38, 39 and 40 of Pleasant View Addition to William Zoning Advisory Commission advising ofG. and Patricia M. McGuire. their denial to rezone property located at 475Section 2. That the conveyance of the E. 28th Street from CS & R-2 to LI District asCity’s interest shall be for the sum of $1.00 requested by Fred Jackson Tuckpointing,plus publication and filing fees and the presented and read. Council Member Buolconveyance to William G. and Patricia M. moved that the communication be receivedMcGuire shall be by Quit Claim Deed. and filed. Seconded by Council MemberSection 3. That the City Clerk be and is Robbins. Motion carried 7-0. hereby authorized and directed to cause a notice to be published as prescribed under An Ordinance Amending Zoning Map bySection 364.7 Disposal of Property, Code of reclassifying property located at 475 East 28thIowa, 1997, as amended. Street from R-2 Two-Family ResidentialPassed, approved and adopted this 17th District and CS Commercial Service andday of November, 1997. Wholesale District to LI Light IndustrialTerrance M. Duggan, Mayor District, presented and read. Council MemberAttest: Mary A. Davis, City Clerk Buol moved that a Public Hearing be held onCouncil Member Voetberg moved adoption the proposed Ordinance on the 15th day ofof the Resolution and set Public Hearing for December, 1997 at 7:00 p.m. in the Public12-1-97 at 7:00 p.m. in the Public Library Library Auditorium and direct the City Clerk toAuditorium and direct the City Clerk to publish publish notice in the manner prescribed bynotice in the manner prescribed by law. law. Seconded by Council Member Robbins.Seconded by Council Member Buol. Motion Motion carried 7-0. carried 7-0. Zoning Advisory Commission advising ofThere being no further business, Council their denial to rezone property located at 3285Member Voetberg moved to adjourn. Asbury Road from OR to C-2 as requested bySeconded by Council Member Michalski. Paul Fahey, presented and read. CouncilMotion carried 7-0. The meeting adjourned at Member Michalski moved that the9:55 p.m. communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. Mary A. Davis CMC City Clerk An Ordinance Amending Zoning Map by reclassifying property located at 3285 Asbury Road from OR Office Residential District withApproved , 1998 Conditions to C-2 Neighborhood Shopping Center District, presented and read. CouncilAdopted , 1998 Member Michalski moved that a Public Regular Session, November 17, 1997 Mayor Council Members Attest: City Clerk