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2000 February Council ProceedingsReqular Session, DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, February 71 2000 Council met at 6:30 P.M. in the Public Library Auditorium Present Mayor Duggan, Council Members Buol, Markham, Michalski, Nicho[son, Robbins, Cline, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the ca, and stated this is the Regula. r Session of the City Council called for the purpose to act upon such business which may propedy come before the Council. Invocation was given by Rev. Thomas Hannah, Director of the Dubuque Community Food Pantry. MINUTES SUBMI'I-FED: Airport Commission of 1/24/00; CMl Service Commission of 12/10/99; Community Development Advisory Commission of 12/7/99; Five Flags Commission of 1t17/00 (canceled); Housing Commission of 12114/99; Housing Commission Trust Fund Committee of 1/27/00; Human Rights Commission of 12/13/99; Investment Oversight Commission of 1/20/00; Park and Recreation Commission of 1/11/00; Transit Trustee Board of 9/9199 and 12/9/99; Zoning Board of Adjustment of 12/15/99, presented and read. Buol moved that the minutes be received and filed. Seconded by Nicholson. Motion carried 7-0. Proof of Publication on publishing of Council Proceedings for 1/3/00, presented and read. Buoi moved that the proof be received and flied. Seconded by Nicholson. Motion carded 7-0. Dubuque Racing Association (DRA) submitting their financial statements for year ending November 30, 2000 (Copy on file in City Clerk's Office for review), presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. February 7, 2000 2! Substance Abuse Service Center Second Quarter report for FY 2000, presented and read. Buol moved that the report be received and filed. Seconded by Nicholson. Motion carded 7-0. Convention and Visitors Bureau Quarterly Report, presented and read, Buol moved that the report be received and filed. Seconded by Nicholson. Motion carded 7-0. NOTICES OF CLAIMS/SUiTS: Banner Investments in the estimated amount of $250.00 for property damage; LuAnn Cox in unknown amount for personal injuries; Su Yen Chong in unknown amount for vehicle damage; Kirk Dahl in estimated amount of $500.00 for vehicle damage; Nora Gierens in estimated amount of $73.00 for personal injuries, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigaflon and report. Seconded by Nicbelson. Motion carded 7-0. Corporation Counsel advising following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Commun~es Assurance Pool for the following claims: personal injury of Elaine OberbroecPJing; vehicle damage of Kirk Dahl; reimbursement for expenses and loss of business of Td[og, Inc., ~resentad and read. Buol moved that the communication be received and filed. Seconded by Nicho[son. Motion carded 7-0. Corporation Counsel recommending denial of vehicle damage claim of Kirk Dahl; reimbursement of towing, storage and car rental charges of R0n Pergande, presented and read. Buol moved that the communication be received and tiled and recommendation approved. Seconded by Nicbelson. Motion carded 7-0. Corporation Counsel recommending that the vehicle damage claim of Penny A. Gronen be referred to Horsfield Construction, presented and read. Buol moved that the communication be received and flied and recommendation approved. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel submitting judgment in favor of City on sanitary sewer backup claim of George and Madlyn Langes resulting from May 22 Regular Session, February 7, 2000 1999 rain storm: presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. City Manager recommending hearings be held on February 21, 2000 ro assess civil pena~Jes for tobacco violations ($300 peneity for first violations -- AMOCO --ood Shop at 1701 JFK Road. IOCO Speede Shoppe at 3250 Dodge, and Tri-State Geif Center at 1095 Cedar Cross Road: 30 day suspension for second violation -- IOCO Speede Shoppe a~ 2335 University), presented and read. E~uol moved that the communications be received and filed and recommendation approved setting hearings for 2-21-00 at 6:30 p.m. ~n the Public Library Auditorium. Seconded by Nicholson. Motion carried 7-0. Petition submitted by Larry G. McMullen, 1755 Overview Court. requesting that no parking be posted on the south side of Overview Court presented and read Buol moved that the communication be received an(] filed and referred to the City Manager. Seconded by Nicheison. Motion carded 7-0. Communication of City Manager recommending that the City certify to the State Treasurer the population of areas annexed to the City since the 1990 Census, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. Communicafion of City Manager advising of a $400 000 award to the City from the Iowa Department of Economic Development for a housing project at Mada House, presented and rea~:. Buol moved that the communication be received and flied. Seconded by Nicholson. Motion carried 7-0. City Manager submitting the Housing Department's fourth annual "River Town Rents" survey, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. City Manager submitting the Fiscal Year 1999 Comprehensive Annual Financial Report and Audit Reports, presented and read. Buol moved that the communication be received and filed Seconded by Nicheison. Motion carded 7~0 City Manager recommending accep[ance of the 1998 Sidewalk Assessment - PennsyJvania Avenue from Vizaleea to Embassy West Ddve and further recommending that the ScheduJe of Special Assessments be rescinded, :)resented and read. Buei moved that the communication be received and filed. Seconded by Nichorson. Motion carried 7-0. RESOLUTION NO. 21-00 ACCEPTING IMPROVEMENT Whereas, the contract for the 1998 Sidewalk Assessment - Pennsylvania Avenue [rom Vizeieea [o Embassy West Drive has deen completed and the City Manager has examined [he work and filed his certificate stating that the same has been comDlated according to the terms of the contract plans and specifications anc recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec'don 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Fiscal Year 2000 Capital Improvement Project for sidewalk repair and inatallation in amount equal to the amount of this con[rect, less any retained percent'age provided for therein. Passed. approved and adopted this 7th day of February 2000. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buol moved adoption of the resolution. Seconded by Nicho[son. Motion carried 7-0. RESOLUTION NO. 22-00 FINAL ESTIMATE Whereas, the contract for the 1998 ~Sidewalk Assessment - Pennsylvania Avenue from Vizaleea to Embassy West Ddve has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates. ~otices and inspection and ail miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1 That the cost of said Regular Session, F~lJrd~ry 7; 2000 : 23 improvement is hereby determined to be $28,826.68 and the said amount shall be paid from the Fiscat Year 2000 Capital Improvement Program for sidewalk repair and installation of the City of Dubuque, Iowa. Passed, approved and adopted this 7th day of February, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 23-00 RESOLUTION RESCINDING RESOLUTION NO. 286-98 PROVIDING FOR THE SCHEDULE OF PRELIMINARY ASSESSMENTS FOR THE 1998 SIDEWALK ASSESSMENT - PENNSYLVANIA AVENUE FROM VIZALEEA TO EMBASSY WEST DRIVE AND RESCINDING RESOLUTION OF NECESSITY NO. 326-98 Whereas, on the 6th day of Juiy, 1998, the City Council adopted Resolution No. 286-98 providing a schedule of proposed assessments for the 1998 Sidewalk Assessment - Pennsylvania Avenue from Vizalesa to Embassy West Drive; and Whereas, all of the sidewalks required to be constructed under said construction project have been completed by the abutting properly owners at their expense; and Whereas, on the 3"~ day of August, 1998, Resolution No. 326-98 provided for the amendment of Resolution No. 286-98 to eliminate certain assessments for the 1998 Sidewalk Assessment - Pennsylvania Avenue from Vizaleea to Embassy West Ddve abutting Glenwood Court;, and Whereas, all of the sidewalks included in the construction project were completed by the respective abutting property owners and no assessments are required to be filed as part of this project NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, iOWA: 1. That Resolution No. 286-98, providing for the Schedule of Proposed Assessments for the 1998 Sidewalk Assessment Program from Pennsylvania Avenue to V'~aleea Ddve is hereby rescinded. 2. That Resolution No. 326-98, Resolution of Necessity for the 1998 Sidewalk Assessment Program from Pennsylvania Avenue to V[zalees Drive is hereby rescinded. 3. That the City Clerk be authorized and directed to file a copy of this Resolution in the office of the County Treasurer. 4. That the City Clerk be and is hereby directed to notify each property owner included in said prellmina~j assessment schedule that the assessment for their property has been deleted from the project. Passed, approved and adopted this 7th day of February, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of a License Agreement with Seneca Environmental Services, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 24-00 RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND SENECA ENVIRONMENTAL SERVICES TO INSTALL MONITORING WELLS ON PUBLIC RIGHT-OF-WAY AT 2301 UNIVERSITY Whereas, Seneca Environmental Se~ces, on behalf of Iowa Oil Company has requested permission from the City of Dubuque to install sofl gas monitoring wells on City right-of- way at 2301 University [n Dubuque, Iowa, for the purpose of assessing current conditions at and surrounding the property; and Whereas, the License Agreement Right-of-Enby for Site Assessment has been prepared outlining the responsibilities of Seneca Environmental Services and Iowa Oil Company in the inst:allation of the monitoring we[is on public right-of-way; and Whereas, the performance of the activities of Seneca Environmental Services will be at no cost or expense to the City, and all work will be ~erformed by the Licensee, or its employees, agents or subcontractors; and Whereas, it is the desire of the City Council to enter into said License Agreement for the installation of monitoring wells in the public fight-of- 24 Regular Session, February 7, 2000 way as requested. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, OWA: Section 1. The License Agresmen[ for Right-of-Entry for Site Assessment be and the same is hereby approved. Section 2. Thatthe Mayor be and is hereby authorized to execute said Ucense Agreement for and on behalf of the City Council. Passed, approved and adopted this 7th day of February, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending acceptance of public improvements in Asbury 31aza - Phase IA, presented and read. Michaiski moved that the communication De received and flied. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 25-00 ACCEPTING SANITARY SEWER AND WATERMAIN IN ASBURY PLAZA - PHASE IA Whereas, pursuant to Resolution No. 137-98, certain improvemen[s including sanitary sewers and watermain were installed by the developer of Phase IA of Asbury Plaza. Whereas, the improvements have been completed and the City Manager has examined the work and has tiled a certiticate stating that the same has been completed in accordance with the plans approved bythe City Council and in confo~nance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE Fr RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvements in Aabury Plaza - Phase IA be and the same is hereby accepted. Section 2. That maintenance of said improvemems shall be the responsibility of the contractors and the owner for a period of two years from thie date. Pas~ed, approved and adopted this 7th day of February, 2000. 7'erronce M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michaiski moved adoption of the Resolution Seconded by Robbins. Motion carried 7-0. City Manager recommending acceptance of the Wm. M. Black, ~hase II Project, presented and read. 3ual moved that the communication be "eceived and tiled. Seconded by Nichoison. Motion carded RESOLUTION NO. 26-00 ACCEPTING IMPROVEMENT Whereas. the contract fo[ the dlliam M. Black Steamboat Restoration Project- Phase il has been completed and the City Manager has examined the work and tiled his certificate stating that the same has oeen completed according to the terms of the con[foci, plans and specifications and recommends its acceptance. NOW THEREFORE. BE IT :~ESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund and reimbursed 100 percent (100%) from the ISTEA Transportation Enhancement Grant in amoun[ equal m the amounz of this contract. Passed, approved and adopted this 7th day of February, 2000. Terronce M. Duggan, Mayor Attest: Jeanne F. Schneider, Cb Clerk Buol moved aeoption of the resolution. Seconded by Nichoison Motion carried 7-0. RESOLUTION NO. 27-00 FINAL ESTIMATE Whereas, the contract for the William M. Black Steamboat Restoration Project - Phase II has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the coat of estimates, notices and inspection and all miscellaneous costs: NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $77,046.57 and the said amount shall be paid from General Fund of the City of Dubuque, Iowa and reimbursed 100 percent (100%) from the ISTEA Transportation Enhancement Grant Passed, approved and adopted this ReqularSessiOn, F6~ 7!~00 :: 25 7th day of February, 2000. Termnce M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk BuoJ moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. City Manager recommending acceptance of Wm. M. Black - Phase Ill Project, presented and read. BuoJ moved that the communication be received and flied. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 28-00 ACCEPTING IMPROVEMENT Whereas, the contract for the William M. Black Steamboat Restoration Project - Phase 111 has been completed and the City Manager has examined the work and tiled his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Tllat the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE ~T FURTHER RESOLVED that the City Treasurer be and he ia hereby directed to pay to the contractor from the General Fund and reimbursed 100 percent (100%) from the ISTEA Transportation Enhancement Grant in amount equal to the amount of this contract_ Passed, approved and adopted this 7th day of February, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 29-00 FINAL ESTIMATE Whereas, the contract for the William M. Black Steamboat Restoration Project- Phase ill has been completed and the CH Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $87,400.00 and the said amount shall be paid from General Fund of the City of Dubuque, ~owa and reimbursed 100 percent (100%) from the ISTEA Transportation Enhancement Grant. Passed, approved and adopted this 7th day of February, 2000. Torrance M. Duggan, Mayor Attest Jeanne F. Schneider, C~y Clerk Buol moved adoption of the resolution. Seconded by Nicholecn. Motion carded 7-0. City Manager recommending acceptance of the Cable Car Square Lighting Project, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 30-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Cable Car Square Historic Lighting Project has been completed and the City Manager has examined the work and flied his car~ificste stating tha~ the same has been completed according to the terms of the contract, plans and specifications and recommends its NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the City of Dubuque Road Use Tax and General Funds, with 80% reimbursement from the ISTEA Transportation Enhancement Grant in amount equal to the amount of this contract. Passed, approved and adopted this 7th day of February, 2000. Terrance M. Duggan, Mayor Attest:. Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 31-00 FINAL ESTIMATE Whereas, the contract for the Cable Car Square Histodc Lighting Project has been complsted and the Cti7 Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT 26 Regular Session, February 7, 2000 RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE OWA: Section I. That the cost of said impmvemen[ is hereby determined to be $84,309.30 and [he said amount shall be paid from City of Dubuque Road Use Tax and Generai Funds. with 80% reimbursement from the ISTEA Transportation Enhancement Grant. Passed, approved and adopted this 7th day of February, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. Resignation of Kelly Sebastian from th e Cable Community Teleprogramming Commission, presented and read. Buol moved that the communicatior t~e received and filed and resignation accepted with regret. Seconded by Nicholson. Motion carried 7-0. City Manager recommending an amendment to [he Community Development Block Grant Citizen Paff. Jcipation Plan. presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 32-00 RESOLUTION APPROVING AN AMENDMENT TO THE CITIZEN PARTICIPATION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. Whereas. the City Council of the City of Dubuque, Iowa adopted a CtiJzen Participation ~[an ( the "Plan") which set forth a process for citizen involvement in the development of the City's Community Development Block Grant (CDBG) program on September 8, 1992; and Whereas, the City CounciJ has amended the Plan from time to time; and Whereas, the Community Developmem Advisory Commission has proposed to the City Council an amendment to the Plan to change the review process for the Annual Action Plan and the Consolidated Plan. NOW THEREFORE BE iT RESOLVED BY THE CiTY COUNCIL OF THE CiTY OF DUBUQUE. IOWA: Section 1. That Section ti of the Citizen Participation Plan is hereby amended by repea~ing said Section and by adopting a new Section ti in lieu thereof, as follows: "Section I1. Development ofthe Consolidated Plan and Annual Act[on Plans The Community Development Advisory Commission will hold a series of public meetings during the development of the Consolidated Plan and/or Annual Action Plan that Would include identification of community housing and non-housing needs, pdoritization of needs, strategy development to meet identified needs and budget 'ecommendations to implement those strategies. Citizen access opportunities, as identified in Section V of this Plan. shall be utilized to increase participation in Consolidated Plan development. The Community 3evelopmem Advisory Commission shall 3old at least one public headng, as outlined in Section V of this Plan. prior to publication of a draft plan for comment and shall provide not less than a 30 day 3ubiic comment period before final action. The Consolidated Plan and/or Annual Action Plans shall be adopted by the Community Development Advisory Commission and for, yarded to the City Manager. The City Council shall act on the proposed Consolidated Plan and/or Annual Action Plan. Adoption by Resolution of the City Council is required prior to submission to HUD. A summar~ of the draft Consolidated Plan and/or Annual Action Dian shall be published in one or more newspapers of general circulation, anc for citizen distribution, prior [o the commencement of the 30 day public commem period. The complete document shall be available for review as outlined in Section V of this Plan. Any public comments received dudng the comment period or at the public heanngs shall be considered and shall be summarized and attached to the Consolidated Plan and/or Annual Action Plan prior to submission to HUD. This shall include a summary of any comments or views not accepted and the reasons therefore." Section 2. That said Amendment shall become effective immediately and the remaining sections of the Plan will remain in effect as previously adopted. Section 3. That the Plan as amended shall be filed in the Community and Economic Development Department as required bythe U.S. Department of Housing and Urban Development. Passed. approved and adopted this 7~ day of February, 2000. Regular Session, February 7~ 2000 27 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval to publish combined notice for release of funds for Mada House Project, presented and read. Buol moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 33-00 A RESOLUTION AUTHORIZING PUBLICATION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR THE MARIA HOUSE PROJECT. Whereas, the City of Dubuque entered into a Grant Agreement for the Fiscal Year commencing July 1, 1999, with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and Whereas, Community Development Block Grant (CDBG) funds have been approved for the Mar'fa House project at 1561 Jackson; and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the Mada House Project;, and Whereas, based on said environmental review, the Department of Community and Economic Development has determined that said project will have no significant impact on the environment; and Whereas, a combined notice of" Finding of No Significant Impact on the Environment°' and of "Intent to Request Release of Funds" for said project will be sent by regular mail to various federal, state and local public agencies; to the appropriate Regional Office of the Environmental Protection Agency, to the HUD Area Office and to the local news media, indMduals and groups known to be interested and believed to be appropriate to receive such a notice; and Whereas, any and all comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds and Certification. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Mada House Project and to make the Environmental Review Record for said project available for public inspection and comment until 5:00 p.m. on February 25, 2000. Such notice shall be in the form of Exhibit 'W' attached hereto and mede a part hereof. Section 2. That the environmental review record for the project shall be placed on file in the Office of the City Clerk where said record may be examined and copied by any interested party. Scion 3. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Development tifteen (15) days after publication of appropriate notice a Request for Release of Funds to undertake the said project. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision making, and aclton assumed and carried out by the C~ of Dubuque as to environmental issues. Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behaE of the City of Dubuque, to accept the jurisdiction of the fadera[ courts if an action is brought to enforce responsibJlrdes in relation to environmental review, decision making and action. Section 6. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. Pessed, approved and adopted this 7~ day of February, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, C~ Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. 28 RegularSession, February 7, 2000 City Manager 'ecommending settlement of claim by Hodzon Development for additional site development expenses in the amount of $20,000, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carded 7-0. City Manager submitting information on an Emergency Planning Committee public meeting which was held January 12, 2000, presented and read. Buol moved that the communication be received and fded. Seconded by Nicholson. Motion carded 7-0. City Manager submitting copy of correspondence ~o local senators and representatives on proposed levy legislation, presented and road. Buol moved that the communication be received and filed. Seconded by Nicho[ecn. Motion carriedT-0. City Manager submitting correspondence ~o County Board of Supervisor Chairperson AJan Manternach suppo~ng a grant application to IDED for land use planning process, presented and read. Buol moved that the communication be receive¢ and tiled. Seconded by Nicholson. Motion carried 7-0. Library 3oard of Trustees submitting the Carnegie-Stout Public Library Long Range Plan 2000 - 2005, aresented and read. Buol moved that the communication be receivec and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 34-00 Wheroas. applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas. the premises to be occupied by such applicants were respected and found to comply with the Ordinances of this City and have ti[ed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following ~amed applicants a Beer Permit. CLASS "B" BEER PERMIT GMS nc Bunker Hill Golf Coume+(Sunday/Outdoor Sale) 2200 Bunker Hill CLASS "C" BEER PERMIT Hill St Plaza Oky Doky # 8 + (Sunday Sale) 535 Hill St Molo Oil Corn Big 10 Mar[+(Sunday Sale) 2100 JFK Rd Nash-Finch Corn Ecanofoods ~f471 +(Sunday Sale) 3355 JFK Circle Dubuque Discount Gas Inc. Dubuque Discount Gas+(Sunday Sale) 4110 Dodge St Passed. approved and adopted this 7th day February, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved aaoption of the resolution. Seconded by Nicholecn. Motion carried 7-0. RESOLUTION NO. 35-00 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved: and Whereas, the premises m be occupied by such applicants were inspected and found to comply With the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE. BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, OWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C"(COMMERCIAL) BEER/LIQUOR LICENSE Chades E. Steffen Tony's Place +(Sunday Sale) 1701 Central Ave Pusated Enterprise Pusateri's +(Sunday Sale) 2400 Central Ave Chi-Chi's Inc. Chi-Chi's Mexican Rest+(Sunday Sa[e) 800 Wacker Dr James W Goetzinger Goetz's +(Sunday Sale) 2776 Jackson St Melvin G. Spiegelhaiter The Clubhouse 2363 Washington St Town Clock Inn, lnc Town Clock Inn 799 Town Clock Plaza CLASS "B' (WB) WINE Nash-Finch Corr, aany Econofoods # 471+(Sunday Sale) 3355 JFK Cir Passed. approved and adopted this 7th day of February, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buol moved aaoptJon of the resolution. Seconded by Nicholson. Motion carried 7-0. BOARDS AND COMMISSIONS Individuals are invited to address the Council to expross their desire to serve on various Boards/Commissions. Reqular Session, February 7; 2000 29 CIVIC CENTER COMMISSION: Applicant - Cynthia A. Fuller. Ms. Fuller spoke. COMMUNITY DEVELOPMENT COMMISSION: Applicants Bill Daugher[y (Census Tract #1) and Thomas Wainwright (At-Large). Thomas Wainwright spoke. TV CABLE REGULATORY COMMISSION: Applicant - Mike Pratt Mr. Pratt was unable to be in attendance. TV CABLE COMMUNITY TELEPROGRAMMING COMMISSION: Applicant - Paul R. Kohl Mr. Kohl spoke. APPOINTMENTS to the following Boards/Commissions: ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION: Applicant -- David B. Czamecki. Michalski moved that Mr. Czamecki be appointed to fill the unexpired term which will expire 10-1-00. Seconded by Buol. Motion carded 7-0. HOUSING CODE APPEALS BOARD: Applicants-- David Aithaus, Thomas Swift. Michalski moved that Mr. A~aus and Mr. Swift be reappointed to the Housing Code Appeals Board for three year terms which will expire 1-11- 03. Seconded by Nicholson. Motion carded 7-0. HUMAN RIGHTS COMMISSION: Applicants--Judith H. Giesen, Joseph A. HopPJns, Marty O'Shea, William Ross, Chades F. Ryan, Katherine V. Stevens. Vote on the appointments was as follows: Duggan voted for O'Shea, Ross and Stevens; Buol voted for Giesen, Ross, and Ryan. Cline voted for Hopkins, Ross, and Ryan. Markham voted for O'Shea, Ryan and Stevens. Michatski voted for Giesen, Ryan and Stevens. Nicholson voted for Giesen, Hopkins and O'Shea. Robbins voted for O'Shea, Ryan, and Stevens. Therefore, Marry O'Shea reappointed and Charles F. Ryan and Katherine V. Stevens appointed to throe year terms which will expiro 1-1-03. Michalski moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Robbins. Motion carded 7-0. Proofs of publication certified to by the Publisher on Notice of Headng on Plans and Specs and Notice to Bidders on the Receipt of Bids for Construction of Highway 20 Landscape Design Bid Package #1 and City Manager recommending award of contract for project, presented and read. Buol moved that the proofs and communication be received and flied. Seconded by Nicholson. Motion carded 7-0. City Manager submitted a second recommendation to reject a~l bids and to rebid the project. Buol moved to receive and file the communication and to reject the bids. Seconded by Nicholson. Motion carded 7-0. Attorney Art Gl[Icon on behalf of Nauman Nursery spoke requesting that all bids 'be rejected and the project rebid. John Smith of Smith Seeding spoke in opposition to the City Manager's rocommendation. Proof of publication certified to by the Publisher on Notice of Public Headng to reclasstiy property located in the2000 block of Radford Road from AG to R-1 Single Family as requested by Don Bycroft and Joseph Siegert, presented and read. Buol moved that the proof be received and flied. Seconded by Nicholson. Motion carded 7-0. An Ordinance Amending the Zoning Ordinance by reclassifying property located in the 2000 block of Radford Road from AG Agficuitura! District to R- I Single Family Residential District, said Ordinance having been presented and read at the Council Meeting of 1- 17-00, now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 8-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY- LOCATED IN THE 2000 BLOCK OF RADFORD ROAD FROM AG AGRICULTURAL DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclass~ing the hereinafter described property as shown in Exhibit A, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa, from AG Agricultural Distdct to R-1 Single- 30 Regular Session, February 7, 2000 Family Residential District. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, owa Section 3. This ordinance shale take effect immediataly upon publication, as provided by law. - Passed, approved aha adopted thia 7th day of February, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Te/egraph Herald newspaper this 11th aay of February, 2000. Jeanne F. Schneider. City Clerk lt211 E~uol moved final consideratior and passage of the Ordinance. Seeanded by Nicholson. Motion carried 7-0. Proof of publication certified to Dy the Publisher on Notice of Public Headng To reclassify property located at 2239-2241 Central Avenue from R- 2A Alternate Two-Family Residen~al to C-4 Downtown Commercial, as requested by Richard and Brenda Hartig, presented and read. Robbins moved that the proof be received and filed. Seconded by Nicholson. Motion carded 7-0. An Ordinance Amending the Zoning Ordinance by reclassifying property located at 2239-2241 Central Avenue from R-2A Alternate Two-Family Residential Disb'ict to C-4 Downtown Commercial District, said Ordinance having been presented and read at the Council Meeting of 1-17-00, now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 9-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2239-2241 CENTRAL AVENUE FROM R-2A ALTERNATE TWO- FAMILY RESIDENTIAL DISTRICT TO C-4 DOWNTOWN COMMERCIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifTing the hereinafter described 9roperty from R- 2A Alternate Two-Family Residential District m C-4 downtown Commercial District. to wit: Lot 5 Tivoli Addition and to the center line of the adjoining public right-of-way, ail in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore I~een reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Passed. approvea and adopted this 7th day of February, 2000. Terrance M Duggan, Mayor Attest: Jeanne F. Schneider. Cit~' Clerk Published officially in the Telegraph Herald newspaper this 11th day of February, 2000. Jeanne F. Schneider, City Clerk It 2/11 Robbins moved tinal consideration anc passage of the Ordinance. SeconderJ by Nicholson. Motion carded 7-0. Proofs of publication cer'dfied to by the Publisher on Notice of Hearing on Plans and Specs and Notice to Bidders on the Receipt of Bids for Installation of an Elevator at the Locust Street Parking Ramp and City Manager reeammending award of contract for project, presented and read Markham moved that the proofs and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 36-00 ADOPTING PLANS AND SPECIFICATIONS Whereas on the 20ti' day of January, 2000, p~ans, specifications, Form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the installation of a new elevator at the Locust Street Ramp, Dubuque, Iowa. Whereas, notice of headng on plans, specifications, form of contract: and estimated cost was published as required by aw. NOW, THEREFORE BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the ;)lans, specifications, form of contract and cost in the amount of $65,841.00 are hereby approvec~ for said project Passed, approved and adopted this 7th day of February, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider Markham moved adoption of the Reclular Session, February 7, 2000 3! Reso~utior.. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 37-00 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the installation of a new elevator at the Locust Street Ramp, Dubuque, iowa and notice to bidders has been published in a newspaper published in the City of Dubuque, Iowa on the 21st day of January, 2000; and Whereas, said sealed proposals were opened and read on the 1st day of February, 2000, and it has been determined that the bid of $65,841.00 of Schumacher Elevator Co. wes the lowest bid for furnishing materials as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above project be awarded to Schumacher Elevator Co. and the Manager is hereby authorized to execute a contract on behalf of the Cb of Dubuque. Passed, approved and adopted this 7th day of February, 2000. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. Proofs of publication certified to by the Publisher on Notice of Headng on Plans and Specs and Notice to Bidders on the Receipt of Bids for the Catfish Creek Pump Replacement Project and City Manager recommending award of contract for project, presented and read. Nicholson moved that the proof of publication and communication be received and filed. Seconded by Markham. Mofion carded 7-0. RESOLUTION NO. 38-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 16th day of December, 1999, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Catfish Creek Lift Station Pumps and Motor Control Center Replacement Project Whereas, notice of headng on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project Passed, adopted and approved this 7th day of February, 2000. Terrsnce M. Duggan, Mayor Attest: Jeanne F. Schneider Nicholson moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 39-00 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Pump Replacement Project at the Catfish Lift Station, pursuant to Resolution No. 678-99 and Notice to Bidders published in a newspaper in the City of Dubuque, Iowa, on the 28th day of December, 1999, and Whereas, said sealed proposals were opened and read on the 25th day of January, 2000, and it has been determined that the bid of Portzsn Construction, lnc: of Dubuque, Iowa in the amount of $336,680.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe contractfor the above project be awarded to Portzen Construction, Inc. and the City Manager be authorized to execute a contract on behalf of the City of Dubuque for the complete performance of the work. Section 2. That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 7th day of February, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider Nicholson moved adoption of the Resolution. Seconded by Markham. Motion carded 7-0. Buol moved that the rule be reinstated limiting the discussion to the Council. Seconded by Nichalson. Motion carried 7-0. Request from Royce Wilken, 32 Regular Session, February 7, 2000 President of American River Transportation. to address Council concernmg barge fleeting. Mr. Wilken of Decatur, IL spoke to the necessity of having sufficient area allowed for barges to park. Nicholson moved that this matter be referred [o the City Manager. Seconded by MichalskL Motion carded 7-0. CH Manager recommending adoption of several amendments to the Motor Vehicles and Traffic Sections of the Code of Ordinances, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. An Ordinance Amending Section 32-261(d) of the Code of Ordinances m prohibit parking at any time in certain designated zones relating to Eighth Street between _ocust and Iowa Streets, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 1 D-00 AN ORDINANCE AMENDING THE CiTY OF DUBUQUE CODE OF ORDINANCES, SECTION 32-261(d) PROHIBITING PARKING AT ANY TIME tN CERTAIN DESIGNATED ZONES RELATING TO EIGHTH STREET BETWEEN LOCUST AND IOWA STREETS NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, OWA: Section 1 Sec. 32-261(d) of the City of Dubuque Code of Ordinances is amended to read as follows: Eighth Street, West, both sides, from a point one hundred forty six feet (146') west of the west property line of University Avenue [o a point two hundred six feet [206') west of the west property line of University Avenue and from Locust Street [o Iowa Street, provided, however it shall not be unlawful to stop, but only in the drop-off areas provided, for the sole purpose of and for the time necessary to allow passengers to enter or exit a vehicle and dudng which time the vehicle shall not be unattended; north side, from Wilson Avenue to Roberts Avenue: south side, from Central Avenue to the alley mmediately west thereof. Section 2.This Ordinance shall take effect upon publication Passed, approved and adopted this 7th day of February, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ~ub[ished officially in the Telegraph Herald newspaper this 10th aay of February, 2000. Jeanne F. Schneider, City Clerk It 2/10 3uol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pnor to the meeting at which it is to be finally passed De suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending the Code of Ordinances Dy modi~ng Subsection (b) of Section 32-214 thereof providing for the addition of a stop s~gn on Future Court at Chavenelle Road. presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 11-00 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CiTY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (b) OF SECTION 32-214 THEREOF PROVIDING FOR THE ADDITION OF A STOP SIGN ON FUTURe COURT AT CHAVENELLE ROAD NOW. THEREFORE. BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Code of Ordinances of the City of Dubuque owa be amended oy adding Future Court ane Chavenelle Road Subsection (b} of Section 32-214 thereof as follows: "Sec. 32-214 Stol: Intersections. (b) EASTBOUND Future Court and Chavenelle Road. Passed. approved and adopted this 7th day of February, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 11th eay of February, 2000. Jeanne F. Schneider, City Clerk It 2/11 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it's to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Reqular Session, February,; 2000 33 Nichclson. Mo~Jon carded 7-0. An Ordinance Amending Section 32- 262(d) of the Code of Ordinances to prohibit parking on dosignated streets or po~ons thereof adding Chavenelle Road, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 12-00 AN ORDINANCE AMENDING SECTION 32-262(d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF ADDING CHAVENELLE ROAD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, lows be amended by adding to Subseo*Jon (d) of Secfion 32-262 thereof as follows: Chavenelle Road, both sides, from Associates Drive to its westedy terminus, and from Seippel Road to its easterly terminus. Passed, approved and adopted this 7th day of February, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk Published oflicially in the Telegraph Herald newspaper this 11th day of FebruaQ/, 2000. Jeanne F. Schneider, City Clerk It 2/11 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended and fur[her moved final censiderefion and passage of tha Ordinance, Seconded by Nicholson, Motion carded 7-0. An Ordinance Amending the Code of Ordinances by revising Subsecfion (c) ef Section 32-231 providing for the ostablishmant of speed limits on Chaveoelle Road, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO, 13-00 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REVISING SUBSECTION (c) of SECTION 32-231 THEREOF PROVIDING FOR THE ESTABLISHMENT OF SPEED LIMITS ON CHAVENELLE ROAD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding to Subsection (c) in Section 32-231 thereof as follows: 'Sec. 32-231. Limits Generally. (.o) THIRTY (30) MILES PER HOUR Chavenelle Road, from Associates Ddve to its westerly terminus, and from Seippel Road to its eastedy terminus. Passed, approved and adopted this 7th day of FebruaB,, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 11th day of February, 2000. Jeanne F. Schneider, City Clerk lt2/11 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended and fur[her moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carded 7-0. An Ordinance Amending the Code of Ordinances by modifying Subsecton (b) of Section 32-214 and Subsection (b) of Section 32-216 thereof providing f? the change from yield signs to stop signs on St. John Drive at Hillcrest Road, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO, 14-00 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY MODIFYING SUBSECTION (b) OF SECTION 32-214 AND SUBSECTION {b) OF SECTION 32-216 THEREOF PROVIDING FOR THE CHANGE FROM YIELD SIGNS TO STOP SIGNS ON ST, JOHN DRIVE AT HILLCREST ROAD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by deleting Hillcrest and St. John Drive from Subsection (b) of Section 32-216 thereof as follows: "Sec 37-711~, Yield Intersections (b) 34 Regular Session, February 7, 2000 (1) Northbound Vehicles Hillcrest and St. John Drive (2) Southbound Vehicles Hillcrest and St. John Ddve Section 2. That the Code of Ordinances of the City of Dubuque, iowa be amended by adding Hillcrest Road and St John Drive to Subsectio~ (b) of Section 32-214 thereof as follows: '~ Stoo Intersections. (b) Northbound and Southbound Hillcreet Road and St. John Drive Passed. approved and adopted this 7th day of February, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 11th day of February, 2000. Jeanne F. Schneider, City Clerk It 2/11 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at whfch it is to be finally passea be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carded 7-0. An Ordinance Amending Section 32- 262 (d) of the Code of Ordinances pmhibrdng parking on designated streets or portions [hereof adding certain portions of Charter Street. presented ana read. (OFFICIAL PUBLICATION) ORDINANCE NO. 1 5-00 AN ORDINANCE AMENDING SECTION 32-262 (D) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF ADDING CERTAIN PORTIONS OF CHARTER STREET NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Code of Ordinances of the City of Dubuque Iowa be amended by adding to Subsection (d) of Section 32-262 the following: Charter Street. both sides from South Locust Street to Harrison Street Passed. approved and adopted this 7th day of February, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider City Clerk Published official[~ in the Telegraph Herald newspaper this 11th day of February, 2000. Jeanne F. Schneider City Clerk It 2/11 Buol moved that the requirement that [he proposed Ordinances be considered and voted on for passage at wvo Council Vleetings prior m [ne meeting at which they are to be finally passed be suspended and further moved finaJ consideration en¢ passage of the Ordinances. Seconded by Nichoison. Motion carded 7-0. City Manager recommending approval of additional local matching funds for the Ice Harbor Traffic Study, presented and read Buol moved to approve the recommendation subject to the deletion of the #1 element "Study of the intersection of Third & Main St. to determine the feasibility of an additional two-lane bridge parallel To the existing two-lane Third St. overpass" and further movec that the City Manager bdng back a revised cost figure for the additional work. Seconded by Nichoison. Motion carried 7-0. City Manager requesting public hearing for Fiscal Year 2001 Budget be set for March 7, 2000, prssenred and read. Micha[ski moved that the communication be received ana filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 40-00 RESOLUTION SETTING THE DATE OF THE PUBLIC HEARING ON THE FISCAL YEAR 2001 BUDGET FOR THE CITY OF DUBUQUE Whereas, Section 384.16 of the Code of Iowa crovidss that the City Council shall set a fime and place for a public hearing on the budget before the final certification date and shall oublish notice before the heating as provided in Section 362.3 of the Code of Iowa. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOW,~ Sectio~ 1. That the City Council shall conduct a public headng on the proposed 2000-01 budget of the City of Dubuque at the Carnegie Stout Public Library Auditorium. 360 West 11th Street. Dubuque, Iowa, on Tuesday, March 7, 2000, beginning at 6:30 p.m. Section 2. That the City Clerk de Regular Sessioni FebrUary 7~ 2000 35 and is hereby authorized and directed to publish according to law notice of public headng together with the required budget information. Passed, approved and adopted this 7th day of February, 2000. Terrenea M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk MichalskJ moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 41-00 SETTING THE DATE OF PUBLIC HEARING ON THE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM Whereas, a proposed tive year Capital Improvement Pmgra~n for the City of Dubuque has been prepared and submitted to the City Council; and Whereas, the capital projects for the first year are included in the Fiscal Year 2001 budget for the City of Dubuque; and Whereas, it is deemed to be in the best interest of the City of Dubuque to conduct a public headng and to adopt the t?ve year Capital Improvement Program simutianeousiy with the public hearing and adoption of the Fiscal Year 2001 budget for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the five year Capital Improvement Program at the Carnegie Stout Public Library Auditodum, 360 West 11th Street, Dubuque, Iowa, on Tuesday, March 7, 2000, beginning at 6:30 p.m. · Section 2. Thatthe City Clerk be and Is hereby authorized and directed to publish notice of the public headng. Passed, approved and adopted this 7th day of February, 2000. Terrance M. Duggen, Mayor Attest: Jeanne F. Schneider, City Clerk MichalskJ moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. City Manager requesting public hearing be held on February 23, 2000 on the FY 2001 Annual Action Plan for use of Community Development Block Grant (CDBG) Funds for FY 2000- 2001, presented and read· Michalsk~ moved that the communication be received and filed and approved setting public hearing for February 23, 2000. Seconded by Robbins. Motion carried City Manager submitlJng documents providing for construction of Cox Street Storm Sewer, presented and read. Robbins moved that the communication be received and tiled. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 42-00 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the proposed plans, specifications, form of contract and estimated cost for the Cex Street Storm Sewer Rehabilitation Project, in the estimated amount of $47,930.85, are hereby approved and ordered tiled in the office of the City Clerk for public inspe~on. Passed, adopted and approved this 7th day of February, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 43-00 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, spec'ifcafions, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Cox Street Storm Sewer Rehabilitation Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 6th day of March, 2000, a public headng will be held at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifcations, form of contract and Cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement Passed, adopted and approved this 7th day of February, 2000. 36 Regular Session, February 7, 2000 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adopuon of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 44-00 ORDERING BIDS NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the Cox Stree[ Storm Sewer Rehabilitation Project is hereby ordered [o be advedised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform [o the provisions of the notJ'ce [o bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed ~o advertise for bids for the construction of the improvements herein provided to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days odor to the receipt of said bids at 2:00 p.m. on the 24th day of February, 2000. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 ~.m. on the 6th day of March. 2000. Passed, adopted and approved this 7th day of February, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. City Manager submitting documents providing for Expansion of the Fifth Street Parking Ramp, presented ano read. Markham moved that the communicatio~ be received and filed Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 45-00 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW, THEREFORE. BE IT RESOLVED BY THE CITY CQUNCIL OF THE CITY OF DUBUQUE IOWA: That the proposed p~ans, specifications, form of contract and estimated cost for the Expansion of t~e Fifth Street Ramp Phase Two. in the estimated amount of $1,900,000.00 are hereby approved and ordered filed in the office of the City Clerk. for public nsoection. Passsc approved and adopted this 7th day of February, 2000 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider Markham moved adoration of the Resolution. Seconded by Robbins Motion carried 7-0. RESOLUTION NO. 46-00 FIXING DATE OF HEARING ON PLANS AND SPECIFICATION Whereas. the City Council of the City of Dubuque, iowa has g~ven its preliminary appraval on the proposed p~ans, specifications, and form of contract ano placed same on ~le in the office of the City Clerk for the public inspection of the Expansion of the Fifth Street Ramc Phase Two. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA, that on the 6th cay, of March, 2000 a public headng Will be held at 6:30 p.m. in the Public Library Auditorium, at which time [ntarested persons may appear and be heard for or against the proposed plans and specifications. form of contract and cost of said improvement, and the City Clerk be and is hereby directed [o cause a notfce of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the cay fixed for its consideration. At the hearing, any interested person may appear and file objections ro the proposed clans. specifications contract, or estimated cost of the improvement. Passed, approved and adopted this 7th day of February, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider Markham moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 47-00 ORDERING BID NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Thatthe expansion of the Fifth Street Ramp Phase Two is hereby ordered to be advertised for bids. Be it Further Resolved, that the amount of the secudt7 To accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a par[ of the plans and specifications Reqular Session, FebruarY 7i 2000 37 heretofore adopted. That the City Clerk is hereby directed to adver*Jse for bids for the purchase of materials herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa which notice shall not be less than four days nor more than twenty days pdor to the receipt of said bids at 2:00 p.m. on the 29th day of February, 2000. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 6th day of March, 2000. Passed, approved and adopted this 7th day of February, 2000. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider Markham moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. City Manager recommending that a public hearing be set for March 6; 2000, to consider a request from Medica~ Associates Realty, L.P., to vacate potions of Chavenelle Road and Associates Ddve, presented and read. Buol moved that the communication be rece'rved and flied. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 48-00 RESOLUTION APPROVING PLAT OF PROPOSED VACATED CHAVENELLE ROAD Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated December 21, 1999, prepared by IIW Engineers & Surveyors, P.C., describing the proposed vacated portion of Chavenelle Road; and Whereas, said plat conforms to the laws and statutes per[aining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated December 21, 1999, prepared by iNV Engineers & Surveyors, P.C., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2~ The City of Dubuque reserves unto itseff a perpetual easement including the dght of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electdc lines as may be authorized by the City of Dubuque, Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day of February, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolufion. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 49-00 RESOLUTION APPROVING PLAT OF PROPOSED VACATED ASSOCIATES DRIVE Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated December 21, 1999, prepared by IIW Engineers & Surveyors, P.C, dsscdbing the proposed vacated portion of Associates Ddve; and Whereas, said plat conform~ to the laws and statutes per[aining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated December 21, 1999, prepared Engineers & Surveyors, P.C., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said 31at for and on behaE of the City of Dubuque, Iowa. Section2. The City of Dubuque reserves unto itself a perpetua] easement including the dght of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electdc lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the Cb Clerk be and is hereby authorized and directed to file said plat and cer~ed copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day of February, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk 38 Regular Session, February 7, 2000 Buol moved adoptior of the resciution. Seconded by Nicholson. Motion carded 7-0. (OFFICIAL PUBUCATION) ORDINANCE NO. 16-00 ORDINANCE VACATING THE PORTIONS OF CHAVENELLE ROAD AND ASSOCIATES DRIVE Whereas, Medical Associates Realty, L.P. has requested the vacating of portions of Chavene[le Road and Associates Drive; and Whereas. IIW Engineers & Surveyors, P.C. has prepared ane submitted To the City Council a plat showing the vacated poCdons of Chavenelle Road and Associates Drk, e an~ assigned pt numbers thereto which hereinafter shall be known and described as Lot C of Medical Associates SubdMsion and Lot C of Medical Associates Subdivision No. ~ in the City of 3ubuque, Dubuque County, Iowa; Whereas, the City Council of the City of Dubuque Iowa has determined that these podJons of Chavene[le Road and Associates Ddve are no longer required for public use, except for utility easements as noted, and vacating of said partJons of Chavenelle Road ant Associates Drive known as Lot C of Medical Associates Subdivision and Lot C of ~4edical Associates Subdivision No 2 in the City of Dubuque, Dubuque County, Iowa should be aoorovad. NOW THEREFORE. BE 17 RESOLVED 3Y THE CITY COUNCIL OF THE CITYOF DUBUQUE. OWA: Section 1 That the real estate described as Lot C of Medical Associates Subdivision and Lot C of Medical Associates SubdMsion No. 2 in the City of Dubuque. Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto it'seE a perpetual easement including the dght of ingress end egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water sewer drainage, gas, telepaone, t.v cable, and electdc lines as may be authored by the City of Dubuque, Iowa Passed, approved and adopted this 7th day of February, 2000. Terrsnce M. Ouggan, Mayor Attest: Jeanne F. Schneider City Clerk Published officially in the Telegraph Hera/d newspaper this 11th day of February, 2000. Jeanne F. Schneider, City Clerk It 2/11 Buol moved that the reeuirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Secondec by Nicholson. Motion carried 7-0. RESOLUTION NO. 50-00 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT C OF MEDICAL ASSOCIATES SUBDIVISION AND LOT C OF MEDICAL ASSOCIATES SUBDIVISION NO. 2, DUBUQUE, IOWA Whereas the Medica' Associates Realty, _.P. has requested the vacating of po~ons of Chavenelle Road and Associates Drive. Whereas, IIW Engineers & Surveyors. P.C. has prepared and submitted to the C~ Council a plat showing the vacated portions of Chavenelle Road and Associates Drive and assigned lot numbers thereto, which hereinafter shall be known ant described as Lot C of Medica Associates Subdivision and Lot C of Medical Associates Subdivision No. 2 in the City of Dubuque, Iowa; aha Whereas, the City Council of the City of Dubuque, Iowa has determined that these portions 9f Chavenelle Road and Associates Drive are no longer 'eauired for public use, except for utility easements as notee and vacating and sale of said portions of alleys and streets known as Lot C of Medical Associates Subdivision and Lot C of Medical Associates Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That the City of Dubuque ntends to dispose of its interest in Lot C of Medical Associates Subdivision and Lot C of Medical Associates Subdivision No. 2 in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot C of Medical Associates Subdivision ane Lot C of Medical Associates Subdivision No. 2 in the City of Dubuque, Iowa to the Medical Associates Realty, LP. be contingent upon the payment of $300, plus platting, publication and tiling fees. Reqular Session, February 7; 2000 39 Section 3. The City of Dubuque reserves unto itself a perpetual easement including the dght of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, tv. cable, and electdc lines as may be authorized by the City of Dubuque, Iowa. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 7th day of February, 2000. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. At 8:15 P,M. Buol moved that they go into Closed Session re: Pending I.~gation (Iowa Code §21.5(1)(c) AND Purchase of Real Estate (Iowa Code §21.5(1)(j). Seconded by Michalski. Motion carded 7-0. At 8:43 P.M. Council reconvened Regular Session stating that staff had bean given proper direction. There being no fur[her business, Buol moved to adjourn the me~ng. Seconded by Michalski. Motion carded 7-0~ The meeting adjourned at 8:44 P.M. /s/Jeanne F. Schneider City Clerk Approved '~/? ,2000 A /,tad . ooo ~ Clerk 40 Special Session, February 14, 2000 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council Special Sessior.. February 14, 2000 Council Met at 6:15 P.M in the Public Library Auditorium Present: Mayor Duggan, Council Members Buo], Ciine, Markham. Michalski. Nicholson, Robbins. City Manager Michael Van Millfgen, Corporation Counsel Barry LindahL Mayor Duggan read the call and stated this is a Special Session of the City Council called for the purpose m discuss the issuance of Tax Increment Financing Revenue Bonds for Eagle Window and Door. City Manager requesting authorization [o issue $3,168,538 in Tax Increment Revenue Bonds to support the Eagle Window and Door Expansion, presented and read. 9uol moved that the communication be received and filed. Seconded by Nisholson. Motion carded 7-0. RESOLUTION NO. 51-2000 A RESOLUTION REPEALING RESOLUTION NO. 665-99 APPROVED DECEMBER 7, 1999, AND IN LIEU THEREOF AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF A $3,168,538 URBAN RENEWAL TAX INCREMENT REVENUE BOND, TAXABLE SERIES 2000A, OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR THE SECURING OF SUCH BOND FOR THE PURPOSE OF CARRYING OUT AN URBAN RENEWAL PROJECT IN THE AREA OF THE CITY OF DUBUQUE, IOWA DESIGNATED AS THE KERPER BOULEVARD INDUSTRIAL PARK ECONOMIC DEVELOPMENT DISTRICT WHEREAS. the City Council of the City of Dubuque, Iowa (the "City" ortho "Issuer") did heretofore adopt an Urban Renewal Plan by Resolution No. 274- 94 of this City Council approved on August 15, 1994 [the "Urban Renewal Plan"), under which ~lan there is to be carded out urban renewal project activities in an area designated as the Kerper Boulevard Industrial Park Economic Development Distdct (the "Project Area"); and WHEREAS it is presenfiy estimated that the costs of carrying out the purposes and provisions of the Urban Renewal Plan for the Project Area, including the purpose set forth in Section 3 hereof, exceed $3,200,000, and orovisions must now be made by the City to provide for the payment of such costs by the issuance of Bonds; ano WHEREAS. the City did, on August 15, 1994, adopt Ordinance No. 43-94, (the "Ordinance"), under which the taxes levied on the taxable property in the Project Area shall be dMded, and a special fund created under the authority of Section 403.19(2) of the Code of Iowa, as amended (which special fund is hereinafter referred to as the "Kerper Boulevard Urban Renewal Tax Increment Revenue Fund" or "Revenue Fund") which fund was created in order to pay the principal of and interest on loans, monies advanced to or indebtedness whether funded, refunded, assumed, or otherwise, i~ciudi~g bonds Jesued under the authority of Section 403.9(1) of the Code of Iowa. as amended, incurrec by the City to finance or refinance in whole or n part urban renewal project activities undertaken within the Project Area, and pursuant to which Ordinance such Revenue Fund may be irrevocably pledged by the City for the payment of principal and interest on such indebtedness; and WHEREAS, the notice of intention of Issuer to take action for the issuance of nm to exceed $3,200,000 Urban Renewal Tax Increment Revenue Bonds has heretofore been duly published and no objections to such proposed action have been filed; and WHEREAS, by Resolution No. 665- 99 approved December 7. 1999, the City has heretofore authorized the issuance of $3,200,000 Urban Renewal Tax Increment Revenue Bonds, Taxable Sedss 1999D, which bonds qave not been issued as then anticipated due to the extension of time subsequently granted to the Developer To complete its acquisition of the Development Property; and WHEREAS, it is now necessary and advisable that Resolution No. 665-99 be repealed and in leu thereof that provic4ons now be made for the issuance of the Bond to the amount of Special Session, $3,168,538 pursuant to the provisions of Section 403.9(1) of the Code of Iowa, payabte from a portion of the income and proceeds of the Revenue Fund and other funds of the City derived from or bald in connection with the undertaking and cam/lng out of the Urban Renewal Plan for the Project Area as desodbed herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, tN THE COUNTY OF DUBUQUE, STATE OF IOWA: Section 1. ~. Thefollowing terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: · "Bonds" or "Bond" shall mean the $3,168,538 Urban Renewal Tax Increment Revenue Bond, Taxable Series 2000A, authorized to be issued by this Resolution; · "C~erk" shall mean the CH Clerk or such other officer of the successor Governing Body as shall be charged with substantially the same duties and rsspo nsibilitiss; · "Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body; · "Developer`' shall mean Otto A, LLC, a Nevada limited liability company;, · "Development Agreement" shall mean the Development Agreement dated as of February 15, 1999 by and among the City, the Developer and Eagle Window & Door, Inc., an Iowa corpore§on, as amended from time to time; · "Development Preperb/' shall mean that portion of the Project Area conveyed by the City to the Developer under the terms of the Development Agreement, upon which the Developer has covenanted to construct the Minimum Improvements, being legally described as set forth in Exhibit B thereto; ·"Eagle Window TIF Account" means a separate account w~in the Kerper Boulevard Urban Renewal Tax Increment Revenue Fund of the City, in which there shall be deposited all Tax Increments received by the City in respect of the Minimum Improvements and the Development Property; · "Fiscal Year" shall mean the twelve-month pedod beginning on Jaly I of each year and ending on the last day of June of the following year, or any other consecutive twelve-month pedod adopted by the Governing Body February 14; 2000 or by law as the official accounting period of the Issuer; · "Governing Bod~' shall mean the City Council of the City, or its successor in function with respect to the operation and control of the Project Area; · "Independent Auditor`' shall mean an independent firm of certified public accountants or the Auditor of State; +"Issuer" and "City" shall mean the City of Dubuque, Iowa; +"Kerper Boulevard Urban Renewal Tax increment Revenue Fund" means the special fund of the City created under the authority of Section 403.19(2) of the Code of Iowa and the Ordinance, which fund was created in order to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, including bonds or other obligations issued under the authority of Section 403.19 or 403.12 of the Code of Iowa, incurred by the City to finance or refinance in whole or in part projects undertaken pursuant to the Urban Renewal Plan for the Project Area; · "Minimum Improvements" shall mean the construction by the Developer on the Development Property of a new manufacturing plant, office floor space and required off- street parking and loading facil~es, in accordance with the terms of the Development Agreement; · "Original Purchaser`' shall mean Dubuque Bank and Trust Company, Dubuque; Iowa, as the purchaser of the Bond from Issuer at the time of its odginal issuance; e"Pay~ng Agent~' shall be the City Treasurer, ,or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as [ssuer`s agent to provide for the payment of principal of and interest on the Bond as the same shall become due; · "Project Area" shall mean the Kerper Boulevard Industrial Park Economic Development District of the Issuer, as amended from time to time; · "Pro~iect Fund" or "Construction Account' shall mean the fund required to be astablished by this Resolution for the deposit of the proceeds of the Bond; · "Registrar`' shell be the CH Treasurer of Dubuque, Iowa, or such successor as may be approved by issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a 42 Special Session, February 14, 2000 register of the owners of the E~ond. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bona: +"Tax Increments" means the property tax revenues dMded and made available to the City for deposit in the Kerper Bou[evard Urban Renewal Tax Increment Revenue Fund under the provisions of Sec~ea 403.19 of the Code and the Ordinance: +'q'reasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibi[~ea with respect to the recording and payment of the Bond issued hereunder. Section 2. Authority. The Bond authorized by this Resolution shall be issued pursuant to Section 403.9 of the Code of Iowa, and in compliance witl- ali applicable provisions of the Constitution and laws of the State of Iowa. Section 3. Authorization, Purpose and ADoroval of Related Documents. There are hereby authorized to be issued, a negotiable, sedal, fully regmtared Urban Renewal Tax Increment Revenue Bond, Taxable Series 2000A, of the City of Dubuque, in the .County of Dubuque. State of Iowa, m the aggregate amount of $3,168,538 for the purpose of paying costs of in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Urban Renewal Plan for the Kerper Boulevard Industrial Park Economic Development Diatdct, including those costs associated with the funding of an economic development grant to Otto A LLC, a Nevada limited liability company, pursuant to and under the cond~bsns set forth in that certain Development Agreement dated as of February 15, 1999, as amende~: from time to time. by and among the City of Dubuque, Eagle Window & Door, Inc., 9n Iowa corporation, and Otto A, LLC, in respect of certain minimum improvements to be constructed and jobs to be maintained and created by said parties in the Kerper Bouisvard Industrial Park Economic Development Distfiat under said Deva[opment Agreement. The Purchase /~greement between the City and the Original Purchaser (the "Purchase .Z~greement"} and the Advance of Proceeds Agreement among the City, the Developer and the Odginal Purchaser (the "Disbursement Agreement") are hereby approved in substantially the forms presented at this meeting, and the Mayor and City Clerk are authorized to execute ano deliver the same on behalf of the City with such changes as shall [o them, upon the advice of Corporation Counsel. be necessary or appropriate. As set forth in the Disbursement Agraemem and on the Deb[ Service Schedule attached to the Bond. proceeds of the Bond shall be orawn upon by the Treasurer on the date of issuance in the aggregate amount of $24.600 and thereafter held in the Project Fund until applied to costs of issuance Additional proceeds thereafter shall be drawn upon by the Treasurer in the aggregate amount of $2,700,000 on the dates and in the amounts set forth in the Disbursement Agreement and held in the Project Fund until disbursed to the Developer in accordance with the Disbursement Agreement. Additional proceeds ofthe 3ond in the aggregate amount of $443,938 also shall be drawn upon by the Treasurer on the dates indicated or the Debt Service Schedule attached [o me Bond and deposited in the Sinking Fund established in Section 16 hereof and thereafter applied to the payment of interest on the Bond on said dates. Section 4. Source of Paymem. As provided and required by Chapter 403 of the Code of Iowa. and Section 403.9 thereof, the Bond and interest thereon shall De payable from and secured solely and only by amounts deposited and held from time to time in the Eagle Window TIF Account of the City. The City hereby covenants and agrees to maintain the Ordinance in force during the term of the Bond and to apply the Tax Incrementa collected in respect of the Development Property and the Minimum ImprovemenTs located thereon and allocated to the Eagle Window TIF Account to the payment of the principal of and interest on the Bond The Bond shall not be pay'able in any manner from other Tax increments collected in respect of other properties within the Project Area or by general taxation or from any other City funds. The Bond shall not constitute an indebtedness within the meaning of any statutory debt limitation or resttiction and shall not be subject to the provisions of any other law relating to the authorization, issuance or sale of bonds. The Bond shall recite in substance that it has been issued by the City in connection with an urban renewal Special Session, Feb~y 1412000 43 project as defined in Chapter 403 of the Code of Iowa, and in any suit, addon or proceeding involving the validity or enforceability of any Bond issued hereunder or the security therefor, such Bonds shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located and carried out in accordance with the provisions of Chapter 403 of the Code of Iowa. Section 5. ~-9~3.d_D_~b[~. An Urban Renewal Tax Increment Revenue Bond of the City in the amount of $3,168,538 shall be issued pursuant to the provisions of Section 403.9 of the Code of Iowa for the aforesaid purpose. The Bond shall be designated "URBAN RENEWAL TAX INCREMENT REVENUE BOND, TAXABLE SERIES 2000A", be dated as of the date of delivery, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agant~ said interest payable on June 30, 2000 and semiannually thereafter on June 30th and December 31at of each year until maturity at the rate hereinafter provided. The Bond shall bear interest from the date of disbursement of the proceeds thereof at the rate of 9.10% per annum until paid, and the Bond shall mature in the principal amounts set forth on the Debt Service Schedule attached to the Bond as Exhibit A and incorporated herein by this reference. As set forth on said Debt Selvice Schedule, principal shall be payable on December 31, 2002 and semiannually thereafter on June 30th and December 31st of each year in the amounts set forth therein until principal and interest are fully paid, except that the final installment of the entire balance of principal and interest, if not sooner paid, shall become due and payable on June 30, 2012. The Bond shall be executed by the manual signature of the Mayer and attested by the manual signature of the City Clerk, and impressed With the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bond shall be in the denomination of $1,000 or multiples thereof and shall, at the request of the Odginal Purchaser, be issued initially as a single Bond in the principal amount of $3,168,538 and numbered R-1. Section 6. Redem stior~. The principal of the Bond may be called for redemption by the Issuer and paid before matudty on any date, from any funds regardless of source, in whole or from time to time in part, by gMng thirty days' notice of redemption by registered mail, to the registered owner of the Bond. The terms of redemption shall be par, plus accrued interest to date of call Section 7. Reaistration of Bon~; Appointment of Registrar; Transfer; Ownershin- Dalivervt and Cancellation. la) Reoistration] The ownership of the Bond may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bond, and in no other way. The Treasurer is hereby appointed as Bond Registrar under the terms of this Resolution. Registrar shall maintain the books of the issuer for the registration of ownership of the Bond for the payment of principal of and interest on the Bond as provided in this Resolution. AI~ Bonds sharl be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.83(5) of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social escudty number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and 44 Special Session, February 14, 2000 beadng interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration r~f Transferr~ Bonds. In ail cases of the transfer of the Bond, the Registrar shall register, at the eadiest practicable time, on the Registration Books, the Bond, in accordance ,,v~h the provisions of this Resolution. {d) Ownerahio. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books ef the Registrar shall be deemed and regarded as the absolute owner thereof far all purposes, and payment of or on account of the principal cf any such Bond and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon; to the extent of the sum or sums s~ paid. (e) Cancellafinf~. All Bonds which have been redeemed shall not be reissued but shall be canceled by the Registrar. All Bonds which are canceled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the tssuer; provided that if the Issuer shall so direct, the Registrar shall forward the canceled Bonds to the issuer. (f) Non-Presentment of Ro~d.~ In the event any payment check representing payment of principal of or interest on the Bond is returned to the Paying Agent or is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of er interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bond shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years interest or principal became due, whether at maturity, or at the date fixed for redem¢on thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the owners of such interest or Bonds of whatever nature shall be made upon the Issuer. Section 8. Reissuanca of Mutilated, Dsstreved Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of tike tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substituti°n for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and )roof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnify and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 9. Record Dste. Payments of principal and interest, atherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bond to the extent of the payments so made. The final payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 10. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the MayOr and Clerk shall execute and deliver the Bond to the Registrar, who shall authenticate the Bond and deliver the same to or upon order of the Original Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any dght or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Cedfficate of Authentication substantially in the form of the Certificate herein set forth. Such CedJficata upon any Bond executed on behalf of the Issuer shall be conclusive Special Session, Feb~ ~4; ~00 4~ evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 11. Right to Name Substifute Pavind Aaent or Reals)tar, issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered Bondholder. Secfion 12. Form of B~f~d. Bonds shall be pdnted in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: I 17) I I (B) I (1) I (~ I I (3) I t 14) I [ (5) (9) [ (ga) ] (lO) (Continued on the back of this Bond) FIGURE 1 (Front) 46 Special Session, February 14, 2000 (10) (16) ((ontinued) FIGURE 2 (Back) The text of the Bonds to be located thereon at the item numcers ShOWn shall be as follows: Item 1, figure 1 = "STATE OF IOWA" "COUNTY OF DUBUQUE" "CITY OF DUBUQUE" "URBAN RENEWAL TAX INCREMENT ~EVENUE BOND" "TAXABLE SERIES 2000A" [TAXABLE FOR FEDERAL INCOME TAX PURPOSES] Item 2, figure 1 = Rate: 9.10% Item 3, figure I = Maturity: As described hereir Item 4, figure 1 = Bond Date: Date of Delivery Item 5. figure 1 = Cus 3 No.: N/A Item 6, figure 1 = "Registered" Item 7, figure I = Certificate No. R-1 Item 8, figure I = Principal Amount: $3, 168.538 Item 9, figure 1 = The City of Dubuque, Iowa. a municipal corporation organized and existing under and by virtue of the Constitution and aws of the State of Iowa (the "Issuer"), [or value received, promises to pay from the source and as hereinafter provided, on the maturity dates described herein, to Item 9A, [igure I = (Registration panel to be completed by Registrar or Special Session, FebrUary 14, 2000 47 Printer with name of Registered Owner). item 10, figure 1 = or registered assigns, the principal sum of (bdncin~l amount wfilten oW'0 THOUSAND DOLLARS in lawful money of the United States of America, odiy upon presentation and surrender hereof at the office of the City Treasurer, Paying Agent of this issue, or his successor, with interest on said sum from the date hereof until paid atthe rate per annum specified above, payable on June 30, 2000, and semiannually thereafter on June 30th and December 31st of each year until matudty as hereinafter provided. This Bond shall bear interest from the date of disbursement of the proceeds hereof at the rate of 9.10% per annum until paid, which disbursements shall be made on the dates and in the amounts set forth on the Debt Service Schedule attached hereto as Exhibit A and incorporated herein by this reference. As set forth on said Debt Service Schedule, principal shall be payable on December 31, 2002 and semiannually thereafter on June 30th and December 31st of each year in the amounts set forth therein until principal and interest are fully paid, except that the final installment of the entire balance of principal and interest, if not sooner paid, shall become due and payable on June 30, 2012. Interest and pfincipal shall be paid to the registered hdider of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. THE ISSUER DOES NOT INTEND OR REPRESENT THAT THE INTEREST ON THIS BOND WILL BE EXCLUDED FROM GROSS INCOME FOR FEDERAL INCOME TAX PURPOSES UNDER SECTION 103 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND THE ISSUER IS NOT OBLIGATED TO TAKE ANY ACTION TO ATTEMPT TO SECURE ANY SUCH EXCLUSION. THE HOLDER OF THiS BOND THEREFORE SHOULD TREAT THE INTEREST THEREON AS BEING SUBJECT TO FEDERAL INCOME TAXATION. This Bond is issued pursuant to the provisions of Section 403.9 of the Code of Iowa, as amended, for the purpose of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Urban Renewal Plan for the Kerper Boulevard Industrial Park Economic Development District, incruding those costs associated with the funding of an economic development grant to Otto A, LLC, a Nevada limited liability company (the "Developer'), pursuant to and under the conditions set forth in that certain Development Agreement dated as of February 15, 1999, as amended from time to time, by and among the City of Dubuque, Eagle Window & Door, Inc., an Iowa corporation, and Otto A, LLC, in respect of certain minimum improvements to be constructed and jobs to be maintained and created by said parties in the Kerper Boulevard Industrial Park Economic Development District under said Development Agreement, in conformity to a Resolution of the Council of said City duly passed and approved. This Bond is not an indebtedness within the meaning of any statutory provisions, or a general obligation of the City. This Bond may be called for redemption by the issuer and paid before maturity on any date, from any funds regardless of source, in whole or from fime to time in part, by giving thirty days' notice of redemption by registered mai] to the registered owner of the Bond. The terms of redemption shall be par, plus accrued interest to date of call. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by the City Treasurer, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the fight to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered Bondholders of such change. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.83(5) of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. This Bond, as provided in the Bond Resolution of which notice is hereby g~ven and is hereby made a part 48 Special Session, February 14, 2000 ~ereof. is payable from and secured by a pledge of the tax incremen[ revenues col[ectad in respect of the Developer's 3repertiss located within the Kerper 3oulevard Indusffial Park Economic Development Distdct (the "Project Area"), as defined and provided in said Resolution. as referred to and authorized in subsection 2 of Section 403.19 of the Code of owa as amended ("incremental taxes"). There has heretofore eden established and the City covenants and agrees that it will maintain in force an ordinance providing for the division of incremental [axes within the Project Area and for the establishment of a sinking fund to meet the principal of and interest on this Bond as the same becomes due This Bond is nm payable In any manner from other incremental taxes collected in respect of other properties within the Project Area or by general taxation and under no circumstances shall the City De in any manner liable by reason of the failure of said tax increment revenues to be sufficient for the payment hereof. And it is hereby represented and ceffdfied that all acts. conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had. to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had. done and performed as required by [aw'. IN TESTIMONY WHEREOF, said City by its City Council has caused this Bond to be signed by the manual signature of its Mayor and attested by the manual signature of its City Cterk, with the seal of said City impressed hereon, aha authenticated by the manual signature of an authorized representative of the Registrar. the Cb Treasurer, Dubuque, Iowa. Item 11, figure 1 = Date of authentication: Item 12, figure 1 = This is one of the Bonds described in the within mentioned Resolution, as registered by the City Treasurer. CITY TREASURER By: Registrar Item 13. figure I = Registrar and Transfer Agent: City Treasurer Paying Agent: City Treasurer Item 14, figure I = (Seal) Item 15, figure 1 = [Signature Block] CITY OF DUBUQUE. IOWA By: Mayor's manual signature Mayor ATTEST: By: City Clerk's manual sianature City Clerk Item 16, figure 2 =It is ceCdfied that the following is a correct and complete copy of the opinion of bond counsel issued as of the date of delivery of the issue of which this Bond is a part. ~'manual sianature3 City Clerk [Opinion of Bond Counsell Item 17, figure 2 =[Assignment Block] Information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint a[[orney in fact to transfer the said Bond on the books kept for registration of the within Bond, With full cower of subsittufion in the premises. Dated: (Person(s) execul]ng Assignment sign(s) here) SIGNATURE ) GUARANTEED) this IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the cert~cate(s) or bond(s) n every particular without alteration or enlargement or any cnange whatever. Signature ;~uaran[ee must be provided in accordance with the prevailing standards and proceaures of the Registrar and Transfer Agent. Such standards and procedures may require s~gnature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Secuitty or Tax Identification Number of Transferee(s) Transferee is a(n): individual* Corporation Partnership Special Session, Febr~a~+ 1~i 2000 49 Trust *If the Bond is to be registered in the names of multiple individual owners, the hemes of ell such owners and one address and social secur'~ number must be provided. The following abbreviations, when used in the inscfipfion on the fece of this Bond, shell be construed as though written out in full according to applicable lews or regulations: TEN COM - es tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with fight of survivorship and not as tenants in common IA UNIF TRANS MIN ACT ......... Custodian .......... (Cust) (Minor) under Iowa Uniform Transfers to Minors Act. ............... (State) ADDITIONAL ABBREViAT(ONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST. Section 13. ~. The timely payment of principal of and interest on the Bonds shall be secured equally and ratably by the Tax Increments collected and allocated to the Eagle Window TIF Account without pdodty by reason of number or time of sale or dalivery; and the Tax Increments collected and allocated to the Eagle Window TIF Account are hereby irrevocably pledged to the timely payment of both principal and interest as the same become due. Section 14. Aoplicafion of BonrJ Proceeds. Proceeds of the Bond shall be drawn upon and applied as described in Section 3 hereof. Subject to the limitafions contained in Code Section 403.9(1) any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bond at any time that other funds of the Project shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the eadiest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Section 15. Tax Levy. After its adoption, a copy ef this ReeolutJon shall be filed in the office of the County Auditor of Dubuque County to evidence the pledging of the po~on of taxes to be paid into the Eagle Window TIF Account and, pursuant to the direction of Section 403.19 of the Code of Iowa, the Auditor shall thereafter allocate the taxes in accordance therewith and in accordance with the Ordinance referred to in the preamble hereof. It is hereby certified that the annual amount of Tax Increments to be collected pursuant to Section 403.19(2) of the Code of Iowa shall be not less than the annual requirement for principal and interest, as follows: Amount of Principal Fiscal Year (July 1 to June 30) and IntereSt Year of Collecti~q $174,150 2000/2001 269,787 2001/2002 489,286 2002/2003 489,286 2003/2004 489,286 2004/2005 489,286 2005/2006 489,286 2006/2007 489,286 2007/2008 489,286 2008/2009 489,286 2009/2010 489,286 2010/2011 489,286 2011/2012 Section 16. Application of Revenues. From and after the delivery of the Bond, and as long as the Bond shall be outstanding and unpaid either as to principal or as to interest, or until the Bond shall have been discharged and satisfied in the manner provided in this Resolution, the Tax Increments collected in respect of the Development Property and the Minimum Improvements located thereon shall be deposited as collectad in the Eagle Window TIF Account and shall be disbursed only as follows: (a) Sinkino FUnd There is hereby established and shall be maintained a special fund within the Eagle Window T[F Account from which interest and pfincipal onthe Bond will be paid. The fund shall be known as the Eagle Window Principal and Interest Fund the "Sinking Fund"). The amount to be deposited in the Sinking Fund in any year shall be an amount equal to the interest and principal coming due on such Bond during the fiscal year. Money shall be first deposited into the interest Account of the Sinking Fund to an amount equal to the interest falling due in each fiscal year. Money shall next be deposited into the Principal Account of the Sinking Fund to an amount equal to the principal falling due in each fiscal year. Money in the Sinking Fund shall be used solely for the purpose of paying principal of and interest on the Bond, as the same shall become due and payable. lb) SurPlus Reventle ~l revenues thereafter remaining in the Eagle Window TIF Account shall be 50 Special Session, February 14, 2000 deposited to remedy any deficiency in any of the funds created by this Resolution, or may be used to pay or reimburse the Issuer for other loans, moneys advanced to or indebtedness incurred to finance or refinance in whole or in part the project of the Developer, as permitted by law, or may be used to pay or redeem the Bond or for any other lawful purpose. Moneys on hand in the Project Fund and all of the funds provided by this Section may be invested only in direct ob[igstions of the United States Government or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation ("FDIC") and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value. Alternatively, such moneys may be invested in tsx- exempt bonds or obligaitons of any state or political subdivision thereof which are rated by Moody's Investors Service or Standard & Poor's Corporation at a rating classification equal to or better than the rating carried by the Bond or, in the case of short-term obligations, a rating of MIG- 1 S&P-1 or bette[ Alt such interim investments shall ma[ure before the date on which the moneys are required for the purposes for which sa~d fund was crsstec or otherwise as herein provided. The orovisions of this Section shall no[ be construed to require the Issuer to maintain separate bank accounts for the funds created by this Section: except the Sinking Fund shalI be maintained n a separate account but may be invested in conjunction with other funds of the City sut designated as a trust fund on the ~ooks and records of the City. Ali income clerived from sucl' investments shall be deposited in the Eagle Window Tlr Account and shall be regarded as revenues thereo[ Such investments shall at any time necessary be liquidated and the proceeds thereof applied to the purpose for which the respective fund was created. Section 17. Covenants Reaardine the Operation of the Project Area. The issuer hereby covenanzs and agrees with each and every holder of the Bond: (a) Maintenance in Force. The Issuer will maintain the Urban Renewal Plan and the Ordinance in force and wi cause the ncrementa taxes from the Development Property and Minimum Improvements to be levied annually in an amount not less than the principal and interest falling due within the year, and applied as provided in this Resolution, unless the Bonds are paid or sufficient provision for their payment is made. Provided, however, that to the extent that amounts are on hand and are sufficient to meet the payments required to be made and to maintain a sufficient balance in each fund as required by this Resolution, the Issuer may abate the levy of incremental taxes in any year. (b) Accounfina and Audits. The Issuer will cause to be kept proper books and accounts adapted to the Project Area and in accordance with generally accepted accounting practices, and wilt cause the books and accounts to be audited annually not later than 180 days after the end of each fiscal year by an Independent Auditor and will provide copies of the audit report to the Original Purchaser upon request. The Original Purchaser and holders of any of the Bonds shall have at all reasonable 'dross the dght to~ inspect the Issuer's records, accounts and data of the issuer relating to the Revenue Fund or the Eagle Window Tlr Account. (c) State Laws. The issuer wi[] faithfully and punctually perform all duties with reference [o the Urban Renewal Plan required by the Constitution and laws of the State of Iowa. and will segregate the revenues of the Project Area and apply said revenues to the funds as specified in this Resolution. (d) Amendments. The Issuer reserves the dght to amend the Urban Renewal Plan for the Project Area and the Ordinance in its awful discretion: provided, that n no even[ shall obligations rssu[tJng from an amendment or merger thereof have any priority over the Bond. Section 18. Remedies of Bondholders. Except as herein expressly limited the holder or holders of the Bonds shall have and ~ossess all the rights of action and remedies afforded by the common law, the Constitution and statutes of the State of Iowa, and of the United States of America, for the enforcement of ~aymem of their Bonds and interest thereon, and of the pledge of the Special Session, Fel~ 1 ~00 51 revenues made hereunder, and of all covenants of the Issuer hereunder. Section 19. No Prior Lien or Padty Bonds The Issuer will issue no other bonds or obligations of any kind or nature payable from er enjoying a lien or claim on the property or revenues of the Eagle Windew TIF Account having priority ever the Bond or standing en a padty therewith with respect to the lien and claim of such addifional obligations to the revenues thereof and the money on deposit in the funds created in this Resolufion, without the wdtten consent of the Odginal Purchaser or other registered helder of the Bond. Section 20. Discharge and Satisfaction of Bonds. The covenants, lions and pledges entered into, created or imposed pumuant to this Resolution may be fully discharged and satisfied with respect to the Bond in any one or more of the following ways: (a) By paying the Bond when the same shall become due and payable; or (b) By dopes'rang in trust with the Treasurer, or with a corporate trustee designated by the governing body for the payment of said obligations and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to retire at maturity, or by redemption pdor to maturity on a designated date upon which said obligations may be redeemed, ail of such obligations outstanding at the time, together with the interest thereon to maturity or to the designated redemption date, premiums thereon, if any that may be payable on the redempfion of the same; provided that proper notice of redemption of all such obligations to be redeemed shall have been previously published or provisions shall have been made for such publication. Upon such payment or deposit of money or secudfies, or both, in the amount and manner provided by this Section, all liability of the Issuer with respect to the Bonds shall cease, determine and be completely discharged, and the holdem thereof shall be enfified only to payment out of the money or securities so deposited. Section 21. Rssolution a Contract The provisions of this Resolution shall constitute a contract between the issuer and the holder or hotdem of the Bond, and after the issuance of any of the Bond no change, variation or alteration of any kind in the previsions of this Resolution shall be made in any manner, except as provided in the next succeeding Section, until such time as all of the Bond, and interest due thereon, shall have been satisfied and discharged as provided in this Resolution. Section 22. Modification of Resolution. This Resolution may be amended from time to time if such amendment shall have been consented to by holders of not less than two-thirds in principal amount of the Bonds at any time outstanding (not including in any case any Bonds which may then be held or owned by or for the account of the Issuer, but including such Refunding Bonds as may have been issued for the purpose of refunding any of such Bonds if such Refunding Bonds shall not then be owned by the Issuer); but this Resolution may not be so amended in such manner as to: (a) Make any change in the maturity or interest rate of the Bonds, or modify the terms of payment of principal of or interest on the Bonds or any of them or ~mpose any conditions with respect to such payment; (b) Matedaliy affect the dghts of the holders of less than all of the Bonds then outstanding; and (c) Reduce the percentage of the principal amount of Bonds, the consent of the holders of which is required to effect a further amendment. Whenever the Issuer shall propose to amend this Resolution under the provisions of this Se~on, it shall cause notice of the proposed amendment to be filed with the Original Purchaser or to be mailed by seated mail to any other registered owner of the Bond as shown by the records of the Registrar. Such notice shall sat forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory Resolution is on file in the office of the City Clerk. Whenever at any time within one ~ear from the date of the mailing of said notice there shall be filed with the City Clerk an instrument or instruments executed by the holders of at least two- thirds in aggregate principal amount of the Bonds then outstanding as in this Secfion defined, which instrument or instruments shall refer to the proposed amendatory Resolution described in said notice and shall specifically consent to and approve the adoption thereof, thereupon, but not otherwise, the governing body of the Issuer may adopt such amendatory Resolution and such Resolution shall become effective Special Session, February 14, 2000 52 and binding upon the ho[dem of all of the Bonds. Any consent given by the holder of a Bond pursuant to the provisions of this Section shall be irrevocable for a pedod of six months from the date of the instrument evidencing such consent and shall 3e conclusive and binding upon all future holdem of the same Bond dudng such period. Such consent may be revoked a[ any time after six months from the date of such instrument by the holder wno gave such consent or by a successor in title by filing notice of such revocation with the City Clerk. The fact and date of the execution of any instrument under the provisions of this Section may be proved by the certificate of any officer n any jurisdiction who by the laws thereof is authorized to take acknowledgments of deeds within such jurisdiction that the person s~gn[ng SUCh instrument acknowledged before him the execution thereof, or may be proved by an ~davit of a witness to such execution sworn to before such officer. The amount and numbers of the Bonds held by any person executing such instrument and the date of his holding me same may be proved by an affidavit by such person or cy a certificate executed by an officer of a bank or trust company showing that on the date therein mentioned such person had on deposit with such bank or trust company the Bonds described in such certificate. Section 23. Severebility. f any section, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions. Section 24. Repeal of Conflicting Ordinances or Resolutions and Effective Date. All other ordinances resolutions and orders, or parts thereof, In conflict with the provisions of this Resolution are. to the extent of such conflict, hereby reoealed, including but not limited to Resolution No. 665-99: and this Resolution shall be in effect from and after its adoption. Passed and approved this 14th day of February, 2000. Terrence M. Duggan, Mayor ATTEST: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nichdison. Motion carded 7-0. There being no further business. Buol moved to adjourn. Seconded by Nicholson. Motion carried 7-0. The meeting adjourned at 6:17 P.M /s/Jeanne F. Schneider City Clerk Approved/~'~¢'~--Y / .2000 Aeoptee /n o00 Regular Session, February 16~ 2000 53 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 16, 2000 Council met at 6:15 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Michalsld, Nicholson, Robbins, City Manager Michael Van Mifiigen, Corporation Counsel Barry Lindahl. Absent: Council Member Markham. Mayor Duggan read the call and stated this is a Special Session of the City Council called for the purpose to discuss support of a Memorandum of Understanding for the Dubuque County Historical Society. City Manager recommending support ora Memorandum of Understanding for the Dubuque County Historical Socie~s River Discovery Center, presented and read. Michalski moved that'the communication be received and filed and recommendation approved. Seconded by Robbins. Motion carded 7-0. There being no further business, Michalski movedto adjourn. Seconded by Robbins. Motion carded 7-0. The meeting adjourned at 6:17' P.M. /s/Jeanne F. Schneider City Clerk Approved . ~'~./~--~/ / ,2000 Attest ~ ~ ~y Clerk 54 Regular Session, February 21, 2000 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council. Regular Session February 21 2000 Council Met at 6:30 P.M. in [he Public Library Auditorium Present: Mayor Duggan, Council Members Buol Cline Markham. Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry LindahL Mayor Duggan reati the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may propedy come before the Council. The invocation was given by St. Jeanette McCarthy, Director of the Hispanic Ministry at St Patrick's Catholic Church. MINUTES SUBMITTED: Civil Service Commission of 1/20; Community Development Advisory Commission of 1/18: Electrical Code ~oard of 2/7: Park and Recreation Commission of 2/8; Transit Trustee Board of 1/13, presented and read Buol movea that the minutes be received and filed. Seconded Dy Robbins. Motion carried 7-0~ Investment Overnight Commission submitting their 27th quarterly repo~, presented and read. Buol moved that the report be received and fi[ed. Seconded Dy Robbins. Motion carded 7-0. Proof of Publication for List of Claims aha Expenditures and Summary of Revenues for December 1999: Proof of Publication for Council Proceedings for meeting of January 17. 2000; presented and read. Buol moved that the ~roof be received and filed. Seconded by Robbins Motion carded 7-0. City of Dubuque Financial Report for month ending January 31, 2000, presented and read. Buol moved that the report be received and tiled. Seconded by Robbins. Motion carded 7-0. NOTICES OF CLAiMS/SUITS: Robert E. Anderson in estimated amount of $207.00 for property damage; David Grady in estimated amount of $65.00 for property damage; River City Paving Division of Mathy Construction Company in estimated amount of $8.831.41 presented and reao. ~uol moved that the claims and suits be referred [o the Legal Staff for investigation eno report. Seconded by Robbins Motion carried 7-0. Corporation Counsel advising following claims have been referred to Public Entity Risk Services of iowa, the agen[ for the iowa Communities Assurance Poe for the following claims: personal injury claim of LuAnn Cox: and persona[ injury claim of Nora Gierens. presented and read. Buei 'noved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Corporation Counsel recommending denial of property damage claim of Craig and Shed Kruser Buol moved that the communication be received and flied aha recommendation approvee. Seconded by Robbins. Motion carried 7-0. Corporation Counsel recommending that the properly damage claim of Banner Investments be forwarded to Podzen Construction. presented and reao Buo moved that the communication De received and fi[ed recommendation approved. Seconded by Robbins. Motion carried 7-0. Communication from Kad Stieg[itz, Agd Grain ~larketing, regarding barge fleeting, presenma and read. Buo] moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0 Dubuque MetroDolitar Area Solid Waste Agency submitting their Fiscal Year 2001 budget and landtill fees, presented and read. Buo[ moved that the communication be received and tiled. Seconded by Robbins. Motion carded 7-0. Communication of the Dubuque County Zoning Commission regarding a public heating to hear a rezoning request of Randy and Melanie Root, presented and read. Buol moved that the communication be received and Regular Session, February 21,2000 filed. Seconded by Robbins. Motion carded 7-0. Communication of the Histodc Preservation Commission regarding an upcoming seminar to be held on February 29, 2000, presented and read. Buol moved that the communica~on be rece'~,ed and filed. Seconded by Robbins. Motion carded City Manager recommending approval of an agreement between the City of Dubuque and the Amalgamated Transit Union, presented and read. Buol moved that the communication b~ received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 52-00 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THE AMALGAMATED TRANSIT UNION, LOCAL #329, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of lowa, and Whereas, the City of Dubuque is a public employer within the meaning of Section 3 (1) of the Public Employment Relations Act;, and Whereas, the Amalgamated Transit Union, Local #329, is an employee organization within the meaning of Section 3 (4) of the Public Employment Relations Act;, and Whereas, the Amalgamated Transit Union, Local ¢~329, submitted a request to bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement be approved and the Mayor authorized and directed to sign the Collective Bargaining Agreement Passed, approved and adopted this 21" day of February, 2000. Terrance M. Duggeo, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. Cb Manager recommending approval of an Administrative Se~ces ' Agreement between the City of Dubuque and Health Choices, Inc., for administration of the City's medical, disability and cafeteria plans, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Robbins. Motion carded 7-0. City Manager recommending acceptance of the Curb Modification Project at 21st and Central Avenue, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0, RESOLUTION NO. 53-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Curb Modification Project at 21st and Central has been completed and the City Manager has examined the work and filed his ced~cata stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Secfion 1. That the recommendation of the City Manager be approved and that said impmvemeot be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Fiscal Year 2000 Street Construction Fund in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 21st day of February, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 54-00 FINAL ESTIMATE Whereas, the contract for the Curb Modification Project at 21st and Central has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 56 Regular Session, February 21, 2000 Section 1 That the cost of said improvement is hereby determined to be $20,587.47 and the said amount shall be paid from the Fiscal Year 2000 Street Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 21st day of February, 2000. Terranca M. Duggan, Mayor Attest Jeanne F. Schneider. City Clerk BuoJ moved aooption of the resolution. Seconded by Robbins. Motion carded 7-0. Acceptance of warranty deed to the former Army Surplus Store from Dubuque nitiatives, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO, 55-00 A RESOLUTION ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM DUBUQUE INITIATIVES. Whereas, the City of Dubuque entered into a Purchase /~greement with Dubuque Initiatives for the following described real property in Dubuque County, Iowa: The South 25~5/12 feet cf Lot 72; and Lot 72A in the City of Dubuque, lo~a. according to the United State Commissioners' Mae of the Town of Dubuque, Iowa And Whereas, the terms of the Purchase Agreement have now been met; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1 The City of Dubuque hereby accepts the Deed from Dubuque ln~atives, a copy of which is attached hereto. 2. The City Clerk is hereby author[zed and directed to record this Resolution and the Deed with the Dubuque County Recorder as provided in Iowa Code Sec. 569.7, Passed, approved and adopted this 21st day of February, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider Buol moved adoption of the resolution. Seconded by Rabbins. Motion carded 7-0. Letter from the National League of Cities advising that Council Member Dan Nicholson has been selected to serve on the 2000 informatio~ Technology and Communications Steedng Committee. presented aha teaC. Michalski moved that the communication be received and flied. Seconded by Robbins. Motion carded 7-0 Zoning Advisory Commission approving the Plat of Survey of Lot I of 6. Lot 2 of 6. Lot 3 of 6. Block 10 of Sunny Slope Estate, presented and read. Buol moved that me communication be received and filed. Seconded by Robbins Motion carried 7-0. RESOLUTION NO. 56-00 RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT 1 OF 6, LOT 2 OF 6, AND LOT 3 OF 6, BLOCK 10 OF SUNNY SLOPE ESTATES IN THE CITY OF DUBUQUE, IOWA. Whereas. there has bee~ ~iled With the City Clerk a plat of survey of Lot 1 of 6 Lot 2 of 6, and Lot 3 of 6, Block 10, Sunny Slope Estates, in the City of Dubuque, Iowa; and Whereas, said plat provides Lot 2 of 6 with 1,980 square feet of lot area. where 2,500 square feet is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, said survey plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas~ said survey plat has been examined by the City Council and they ~ind that it conforms to the statutes and ordinances retating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE IOWA: Section 1. That Section 42-19(b) of me Subdiv'~ion Regulations is waived to allow Lot 2 of 6 to have 1,980 square feet of lot area. where 2.500 square feet is required. Section 2. That the ex[sting condominiums are reviewed by the Building Official for compliance with Building Code requirements for townhouses. Section 3. That the plat of survey of Lot 1 of 6. Lot 2 of 6, and Lot 3 of 6= Block I0, Sunny Slope Estates. is hereby approved and the Mayor ano City Clerk are hereby authorized ano directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. Passe~, approved and adopted this 21 st day of February, 2000. Terrance M. Duggan, Mayor Reqular Session, February 21~ 2000 57 Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 56-00 We, the undersigned, Thomas P. Swift, II; and June M. Krehn-Swiff, having read the terms and conditions of the Resolution No. 56-00 and being familiar with the cond~ons thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, iowa this day of ,2000. NOT SIGNED AS OF APRIL, 2000. By:. Thomas P. Swift, Ii By: June M. Krehn-Swift Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. February 16, 2000 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1999 Code of Iowa, the CMl Service Commission conducted a written entry examination on May 26, 1999 for the position of Police Officer/Entry Level in the Police Department. Sixteen indMdua[s were ced~ied by the Civil Service Commission on July 12, 1999, after passing the written examination and other tests (including oral interviews). This first list now being exhausted, a second list is presented of the following individuals who have also passed the written examination and other tests (including ora[ interviews); These indMduals had been placed on a non-ced[fled reserve list. Appointments should be made from this list. POLICE OFFICER - ENTRY LEVFI Staven Olson Gina Grace Christopher Finn Christopher Schuitz Melissa Rakow Mark Moeller Respectfully submitted, /s/Merle J. Duehr, Jr. Chairperson /s/Lores J. Kluesner Thomas E. Rawson Civil Service Commission Buol moved to make the above CMl Se~ce certification a matter of record. Seconded by Robbins. Motion carded 7-0. City Manager recommending approval of the eligible Calendar Year Urban Re¢;a[ization Applications, presented and read. Budi moved that the communication be received and filed. Seconded by Robbins. Motion carded7-0. RESOLUTION NO. 57-00 RESOLUTION APPROVING RESIDENTIAL PROPERTY TAX EXEMPTION APPLICATIONS SUBMITTED BY PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, 3ermits cities to exempt property taxes for improvements made to properties in designated revitalization areas; and Whereas, the Urban Revitalization Act requires property owners to submit a written application for exemption by February 1 of the assessment year for which the exemption is first claimed, and further requires the City Council to approve all applications that meet the requirements of the adopted Urban Revitalization Plan and forward the approved applications to the City Assessor for review by March 1 of each year;, and Whereas, pursuant to the requirements of said Urban Revitalization Act, the fo[lowing Urban Revitalization Areas were established: Jackson Park, Washington Street, West 11th Street and Upper Main Street; and Whereas, the City Clerk of the City of Dubuque, as of February 1, 2000, received tax exemption applications from the following property owners in the aforementioned urban revitalization districts: Jackson Park Urban Revit~li?~!on Area Pablo and Julie Ramirez, 1509-1511 Bluff Street West 11th Street Urban Revita[iza~,iorl Are~ Stanley Wenza[, 524 Arlington James and Victoria Collins, 1290 Belmont Street Cindy SchadIer, 1185 Center Place Gary Bainbridge, 1265 Bluff Street Francis and Doreen Fager, 1200 .Nta Vista Thomas Ashenbrenner and Susan Anderson, 1545 Fairview Vincent and Blanche McCauley, 651 West 16th Street K. August Staiber, 982 Grove Terrace Doug and Terry Spydson, 1295 Grove Terrace 58 Regular Session, February 21, 2000 David and Joyce Banfield. 975 Center Place J. Thomas Zaber, 1005 Locust St. Deborah La Beau, 1133 Highland Place Washin(]ton Street Urban~ Revitalization Area Upholsterer's Credit Union. 1402 White Street Robert and Elizabeth Hnilo. 1710 Jackson Street John and Lisa Mi[es 1830 Jackson Street Luke Runde, 1767 Washing[on Street Pablo and Julia Ramirez, 1564 Central Avenue Kada Schramm. 1731 Elm Street Max[mo Damaso. 1876 & 1876 1/2 CentTaI Avenue UDDer Main Urban Revitalization Area Alfred Schi~, 1301 Main Street Gary and Kathleen Jenson. 1120 Main Street Whereas, the Community and Economic Development Department and the Housing Sauces Division have reviewed the above-described applications and inspected the proper~es, and have determined that the applications and the imprevemems conform to all requirements of the City of Dubuque's Urban Revitalization Plan. ~lOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1 That the above-described tax exemption applications meet the requirements of the City of Dubuque s Urban Revitalization Plan. Section 2. That the above-described tax exemption applications are hereby approved by the City Council, subject to the review and approval of the City Assessor, Section 3. That the City Clerk is hereby authorized and directed to forward the above-described tax exemption applications to the City Assessor. Passed. approved and adopted this 21st day of February, 2000. Torrance M. Duggan, Mayor A~lest Jeanne F. Schneider Buol moved adoption of the resolution. Seconded by Robbies. Motion carried 7-0, RESOLUTION NO, 58-00 RESOLUTION APPROVING LATE FILED RESIDENTIAL PROPERTY TAX EXEMPTION APPLICATIONS SUBMITTED BY PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR Whereas, Chapter 404 of the Code of Iowa the Urban Revitalization Act, permits cities to exempt property taxes for improvements made to properties in designated revita[izafion areas: and Whereas. the Urban Revitalization Act requires property owners to submit a written application for exemption by February t of the assessmem year for which the exemption is first claimed, yet provides for the acceptance, by Resolution of the City Council, of applications filed beyond the legislated deadline and further 'equiras the City Council to approve all applications that meet the requirements of the adopted Urban Revitalization Plan and forward rne approved applications to the City Assessor for review by March 1 of each year; and Whereas, pursuant to the requirement of said Urban Revitalization Act, the following Urban Revitalizafion Areas were established: Jackson Park, Washington Street West 11th Street and Upper Main Street: and Whereas, the City Clerk of the City of Dubuque, as of February 1. 2000, received tax exemption applications for improvements made in previous years from the following property owners ir the aforementioned urban revitalizatio~ districts: West 11th Street Urban Revitalization YEAR David and Joyce Banfield, 975 Center Place 1998 James and Sara Judsic, 642 Chestnut St. 1993 James and Sara Jurisic, 642 Chestnut St. 1994 James and Sara Jurisic, 642 Chestnut St. 1995 Whereas, the Community and Economic Development Deeartment and the Housing Services Division have reviewed the above-described applications and inspected the propeCdes, and have determined that the applications and the improvements conform to all requirements of the City of Dubuoue's Urban Revitalization Plan. NOW THEREFORE. BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the above-described tax exemption applications meet the Regu ar Session, February 21; 2000 59 requirements of the City of Dubuque's Urban RevYmlization Plan. Section 2. That the above-dsscdbed tax exemption app§cations are hereby approved by the C~¥ Council, subject to the review and approval of the City Assessor. Section 3. That the City Clerk is hereby authorized and directed to forward the above described tax exemption applications to the City Assessor. Passed, approved and adopted this 21st day of February, 2000. Torrance M. Duggan, Mayor Attest; Jeanne F. Schneider Buol moved adoption of the resolution. Seconded by Robbin&. Motion carded 7-0. City Manager submitting letters to Congressmen Graseley and Harkin, and Representative Nussle regarding "The State and Local Government Economic Empowerment Act," presented and read. Michalski moved that the communication be received and tired and recommendation approved. Seconded by Robbins. Motion carded 7-0. City Manager recommending approval of submission of a letter of intent to the U. S. Department of Housing and Urban Development (HUD) signh~ying the City's intent to form a consortium w~fl Dubuque and Jackson Counties for the HOME Investment Partnership Program, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Robbins. Motion carded 7-0. Communication of Roger Maiers regarding the reappointment of Judy Giesen to the Dubuque Human Rights Commission, presented and read. Buol moved that the communication be received and tiled. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 59-00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of ~aw relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Dubuque Discount Gas Dubuque Discount Gas 2175 Central Passed, approved and adopted this 21st day of February, 2000. Terrance M. Duggan, Mayor Attest; Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 60-00 Whereas, applications for Beer Permits have been submitted and tiled to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have flied proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Dubuque Discount Gas Inc. Dubuque Discount Gas +(Sunday Sale) 2175 Central Lee W. Potter Sr Lee's 76 West Locust Mart+ (Sunday Sale) 408 W Locust Passed, approved and adopted this 21st day February, 2000. Torrance M. Duggen, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7.0. RESOLUTION NO. 61-00 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and ail City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "B" (HOTEL/MOTEL) BEEPJLIQUOR LICENSE Dubuque Lodging Inc. Days Inn+(Sunday/Outdoor Sale) 1111 Dodge St 60 Regular Session, February 21,2000 CLASS "C"(COMMERCIAL) BEER/LIQUOR LICENSE Apartments Inc Dubuque Mining Co+(Sunday/Outdoor Sale) 555 JFK-Kennedy Mall Hammerheads Bar & Billiards Hammerheads Bar & B~liards +(Sunday Sale) 2095 Kerper Blvd Marvin J. Rapp Cue Master Limited +(Sunday Sale) 900 Centre] Ave Galaxies Inc Galaxies Inc +(Sunday Sale) 3203 Jackson St T.C's Copper Kattie Inc. T.C.'s Copper Kettie+(Sanday Sale) 2987 Jackson St Passed, approved and adopted this 21s! day of February, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol movecJ adoption of the Resolution. Seconded by Robbins. Motion carried 6-0. BOARDS AND COMMISSIONS APPOINTMENTS to the following Boards/Commissions: CIVIC CENTER COMMISSION: Applicant - Cynthia A. Fuller. Michalski moveo that Cynthia A. Fuller be appointed to an unexpired three year term which will expire 6-29-00. Seconded by Robbins. Motion carded 7~0. COMMUNITY DEVELOPMENT COMMISSION: Applicants Bill Daugherty (Census Tract #1) and Thomas Wainwright (At-Large). Michalski moved that Bill Daugherty & Thomas Wainwright be reappointed to three year terms which will expire 2-15- 03. Seconded by Nicholson. Motion carded 7-0. TV CABLE REGULATORY COMMISSION: Applicant - Michael W. Pratt. Micha[ski moved that Michael Pratt be appointed to an unexpired three year term which will expire 6-30- 01. Seconded by Robbins. Motion carded 7-0. TV CABLE COMMUNITY TELEPROGRAMMING COMMISSION: Applicant - Paul R. Kohl. Michalski moved that Paul R. Kohl be appointed to the unaxp[red three year terms which will expire 6-30-01. Seconded by Robbins. Motion carded 7-0. Discussion of possible appointments to the Airport Commission. Upon consensus it was decided that Council Member Markham be appointed to the Airport Commission to serve a one year term and that the Corporation Counsel prepare an Ordinance authorizing this. Hearing on sssessmg civil penalty of $300 against tobacco permit hdidem for violations -- AMOCO Food Shop at 1701JFKRoad IOCO Speede Shoppe at 3250 Dodge, ano Tri-State Golf Center at 1095 Cedar Cross Road. and a Thirty Day suspension for secono violation -- IOCO Speede Shoppe at 2335 University, presented and read. Buol moved that the assessments and civil penalties be approved. Seconded by Niche[son. Motion carried Louann Ward and Heidi Jones spoke for Th-State Golf stating that the fine is unfair for a first time offense and feel itwas a sting ocaration Dory irwin of Iowa Oil Co. sooke stating they are trying very hard to educate their sales people and objected [o their businesses being punished [o this great extent City Manager recommending a revision to Zoning Ordinance related to the public hearing process, presented aha read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. An Ordinance Amending Appendix A of the City of Dubuque Code of Ordinances by amending Section 6-1.4 Commission Action and Section 6-1.5 Council Action, pertaining to zoning reclassifications and text amendments, presented and read. Buol moved that this be received and filed and referred to the Zoning Commission. Seconded by Markham. Motion carried 7-0. City Manager recommending approval of a revised format for the residential section of the Zoning Ordinance, presented and read. Nicholson moved that the communication be received and filed and recommendation approved. Seconded by Michalski. Motion carried 7-0. City Manager recommending approval of an ordinance placing ~oad limits on the Fengler Street Bddge and the Manson Road Bridge, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. An Ordinance Amending Section 32-185(a) of the Cede of Ordinances Re(~ular Sess on, February 2'1~2000 61 prohibiting heavy vehiclss on certain bddges by removing Peru Road Bridge and adding Fengler Street Bridge and Manson Road Bddge, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 17-00 AN ORDINANCE AMENDING SECTION 32-185(a) OF THE CITY OF DUBUQUE CODE OF ORDINANCES PROHIBITING HEAVY VEHICLES ON CERTAIN BRIDGES BY REMOVING PERU ROAD BRIDGE AND ADDING FENGLER STREET BF'JDGE AND MANSON ROAD BRIDGE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the Cb of Dubuque, Iowa be amended by deleting Subsection (a) of Section 32-185 as follows: (a) When signs ere erected giving notice thereof, no person shall operate a vehicle exceeding the posted gross vehicle weight limits on, or over the following bridges: Peru Road Bddge, between Liberty Avenue and Hawkeye: 3 axle straight truck - 18 tons 5 axle semi tractor-trailers - 26 tons double bottom semi trac[or-trailers - 33 tens Section 2. That the Code of Ordinances of the City of Dubuque, iowa, be amended by adding Subse~on (a) of Section 32-185 as follows: (a) When signs are erected giving notice thereof, no person shall operate a vehicle exceeding the posted gross vehicle weight lim~ on, or over the following bddges: 5 TONS Fengler Street Bddge 12 TONS Manson Road Bridge Passed, approved and adopted this 21st day of February, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 25th day of February, 2000. Jeanne F. Schneider, City Clerk I t 2/25 Busi moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carded 7-0. Histodc Preservation Commission requesting a meeting with City Council for review and update of the Historic Preservation Ordinance, upon consensus it was decided that a Work Session be scheduled before the 4-17- O0 Council Meeting. Ken Kringle, Chair of HPC. spoke requesting discussion of the proposed Ordinance. City Manager recommending approval of an assistance program for payment of sewer assessments, presented and read. Buot moved that the communication be received and tiled and recommendation approved. Seconded by Markham. Motion carried City Manager recommending modification to the City's Community Partnership Program (CP~) Guidelines, ~rssented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO, 62-00 RESOLUTION APPROVING REVISED COMMUNITY PARTNERSHIP PROGRAM (Cp2) GUIDELINES / INSTRUCTIONS AND COMPETITIVE APPLICATION Whereas, under the provisions of Title I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque has received Community Development Block Grant (CDBG) funds for the development and maintenance of a viab(e urban commun~ through the )revisions ~f decent housing, a suitable living environment and expanded economic opportunities for its residents, pa~cularJy those persons of Iow and moderate income; and Whereas, the Community Partnership Program (cp2) was developed in the City of Dubuque in response to the nationsi goals and objectives of the CDBG Program; and Whereas, Community Devalopment Advisory Commission has reviewed the Cp2 was developed in the City of Dubuque in response to the national goals and objectives of the CDBG program; and Whereas, Community Development Advisory Commission has reviewed the Cp2 program and has recommended certain policy and procedure Regular Session, February 21,2000 improvements; and Whereas. the Community Development AcMsory Commission incorporated in the attached Guidelines Instru~ons and Competft~,e Application for t~e Community Partnership (Cp2) Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL QF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Community Partnership Program (Cp2) Guidelines I Instruc~ons and Competitive Application are hereby approved and adopted. Section 2. That the City Manager De and is hereby authorized to implement and administer the Community Parthership Program (Cp2) in accordance with the terms and conditions of the attached Application and Guidelines/]estructions for the Community =artnership Program (Cp2). Passed. approved and adooted this 17th day of February, 2000 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by klicholson. Motion carded 7-0. Zoning Advisory Commission advising of their appraval of an amendment to the Loras College iD Institutional Distdct and requesting that a public heating be set for March 6, 2000, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholsen: Motion carded 7-0. An Ordinance Amending the Zoning Ordinance by providing for the amendment of Ordinance 2-90 and approving an amended campus development plan for the Loras College ID Institutional District. presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended and moved that a Public Headng be held on the proposed Ordinance on the 6th day of March, 2000 at 6:30 P.M. in the Public Library Auditotium and that the City Clerk publish notice in the manner prescdbed by law. Seconded by Nicholson, Motion carded 7-0. City Manager recommending that a public headng be set for March 6, 2000 [o consider two agreements to enable shadng of City-owned communication conduit, presented and read. Micha[ski moved mar the communication De received and tiled and recommendation approved and set Public Hearing for 3- 6-2000 az 6:30 P.M in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carded 7-0. City Manager recommending rescinding Rssolution fl,675-99 and submitting eocuments ~roviding for ini~ation of the Highway 20 Landscape Design Bid Package #1, presented and read. Buol moved that the communication be received and filed. Seconded Dy Nichoison. Motion carded 7-0 RESOLUTION NO. 63-00 RESOLUTION RESCINDING RESOLUTION 675-99 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS FOR HIGHWAY 20 LANDSCAPE DESIGN BID PACKAGE #1 WHEREAS, an adve~semenl for bids for the Highway 20 Landscape Design Bid Package #1 was published on December 30, 1999; and WHEREAS, the City Council deemed it advisable to reject all bids received and fa-bid the project at a later date with modifications. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That Resolution No. 675-99, Preliminary Approval of P~ans and Specifications for the Highway 20 Landscape Design Bid Package #1 be rescinded and that the said project be re-bid at a later date. Passed, approved and adopted this 17th day of February, 2000. Terrance M Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved that the communication be received and filed. Seconded by Nicholson, Motion carded 7-0. RESOLUTION NO. 64-00 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the HIGHWAY 20 LANDSC~,PE DESIGN PACKAGE Reqular Session, February 21~ 2000 in the estimated amount of $515,000, are hereby approvbd and ordered tiled in the office of the City Clerk, for public inspection. Passed, approved and adopted this 21st day of February, 2000. Terranca M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 65-00 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, spec'r,~cations, and form of contract and placed same on file in the office of the City Clerk for public inspection of the HIGHWAY 20 LANDSCAPE DESIGN BID PACKAGE #1 PROJECT. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 20th day of March, 2000, a public hearing will be held at 6:30 p.m. ~n the Public Library Auditorium, at which time interested pemons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circelation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days pdor to the day fo(ed for its consideration. At the hearing, any interested person may appear and objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 21st day of February, 2000. Terranca M. Duggan, Mayor Attest:. Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO, 66-00 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the HIGHWAY 20 LANDSCAPE DESIGN BID PACKAGE #1 PROJECT is hereby ordered to be advertised for bids for construction. BE IT FURTHER RE8OLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the ~rovisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, iowa, which notice shall not be lees than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 7th day of March, 2000. Bids shell be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 20th day of March, 2000~ Passed, approved and adopted this 21st day of February, 2000. Terrance M. Duggan, Mayor Attest:. Jeanne F. Schneider, City Clerk Buel moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. City Manager recommending that a )ublic hearing be set for March 6, 2000 to consider the disposition of the City interest in Lot 22 of Glenview Addition (adjacent to 1300 Blackhawk Drive) in the City of Dubuque, presented and read. Michalski moved that the communication be received and filed and approved setting public hearing for 3-6-2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 67-00 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 22 OF GLENVIEW ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, John C. and Margaret A. Hendry has requested the purchase of Lot 22 of Glenview Addition. Whereas, the City Council of the City of Dubuque, Iowa has determined that this Lot is no longer required for public use, except for utility easements as noted, and sale of Lot 22 of Glenview Addition in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe City of Dubuque intends to dispose of its interest in Lot 22 of Glenview Addition in the City of 64 Regular Session, February 21, 2000 Dubuque, Iowa. Section 2. That the conveyance of Lot 22 of Glenview Addition in the City of Dubuque, Iowa to John C. and Margaret A. Uendry be contingent upon the payment of $483.00, plus platting, 3ublication and filing fees. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing,., constructing, reconstructing, repalnng, owning, operating, and maintaining wa[er, sewer drainage, gas, mlephone, t_v. cable, and electdc ines as may be authorized by the City of Dubuque, owa. Section 4. That an ingress and egress easement be eatablJshed over and across Lot 22 of Glenview Addition Jn the City of Dubuque for the benefit of Lot 1 of the Subdivision of Lots 1-20.1- 21. 1-22. 1-23 1-24. and Lot 19 all in Shipton's Addition. Section 5. That the C~ Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed. approved and adopted this 21 st day of February, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michaiski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. At 7:47 P.M. Buol moved to go into Closea Session regarding Pending Litigation (iowa Code §21.5(1)(c). Seconded by Nicholson. Motion carded 7-0. At 7:58 P.M Council reconvened Regular Session stating Staff had been given proper oirection. There being no further business, Buo] moved to adjourn. Seconded by Micha]skL Motion carried 7-0. The meeting adjourned at 7:59 P.M Isl Jeanne F. Schneider City Clerk Approved ~-~ .~-// ,2000 2000 /0ity Clerk Special Session, February 23,~2000 6~ DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, Wednesday February 23, 2000 Council met 6:30 P.M. in the Public Library Auditorium Present Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen. Mayor Duggan read the call stating this is a Special Session called for the purpose of holding a Public Headng on the FY 2001 Annual Action Plan for Community Development Block Grant Funds and for any other business which may propedy come before the Council. Mayor Duggan opened the Public Headng on the FY 2001 Annual Action Plan for Community Development Block Grant Funds. Community and Economic Development Director Jim Burke spoke providing an overview of the Annual Action Plan as a basis for discussion of other departments. Community and Economic Development, Planning Services, Housing Services and Human Rights all proceeded with their departmental budget presentations. Public comment was requested on the CDBG portion of each department. No one spoke. At 8:10 upon consensus the City Council adjourned the Public Headng onthe CDBG AnnualAction Plan to the March 7th, 6:30 P.M. Budget Hearing at the Public Library Auditorium. /s/Jeanne F. Schneider City Clerk Approved ? / ,2000 / 2000 Council ~m bets ~Clerk 66 Special Session, February 28, 2000 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session. Monday, February 28, 2000 Council met at 6:15 P.M. in the Public Library Auditorium Present: ~layor Duggan, Council Members Buol, Cline, Markham Michalski, Nicholson, Robbins. City Manager Michael Van Mil[igen, Corporation Counsel Barry A. LindahL Mayor Duggan read the call and stated this is a Special Session of the City Council called for the purpose to hold Departmental E3udge[ Hearings and to act upon such business which may propedy come before the Council. The fo[lowing aepartmental budget hearings were held: Library, Airport, Transit, and Purchase of Services. Tom Moran, Library Director, and Jack Felderman of the Library Board of Trustees spoke giving information on the proposed Library budget. Ken Kraemer, Airport Manager and Doug Brotherton of the Airport Commission gave a presentation as to the Airport's budget, requesting additional monies for marketing. Discussion ensued with Council being of a consensus to try to find the requested monies. Mark Munson, Transit Manager, spoke detailing the requested Transit Buage[. PURCHASE OF SERVICES: Convention and Visitors' Bureau representatives Sue Czeshinski spoke appreciatively of the Council's suppor~ over the years. Substance Abuse Services: Director Diane Thomas sooke stating that they are celebrating their 25 years anniversary in June 2000. Praject Concern: Steve Jacobs was present and available to answer questions. Operation: New View representative Ruby Sutton spoke appreciatively of the Council's support. Washington Neighborhood Tool Library: No onespoke. Family Self Sufficiency: No one spoke. Dubuque Labor Management Council: Chuck Isenhart and David Ross spoke appreelatively of the Council's suppor~. Vlain Street Ltd.: Dan LoBianco stoke appreelatively of the Council's suppor~. At 8:37 P.M. Michalski moved to go into Closed Session in accordance with Ch. 21.5(1)(j) to discuss the purchase of particular real estate. Seconded by Cline. Motion carried 7-0. Council reconvened Regular Session at 9:26 P.M. with statement that Staff had been given proper direction. There being no further business Robbins moved to adjourn. Seconded by Cline. Motion carded 7-0. The meeting adjourned at 9:27 P.M. Jeanne Schneider City Clerk Approved 2000 2000 Clerk