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2000 June Council ProceedingsRegular Session, June 5, 2000 185 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, June 5, 2000 Council met in Regular Session at 6:30 P.M., Monday, June 5, 2000 in the 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 read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. The invocation was given by Father Jim Dubert, Associate Pastor of Nativity Catholic Church and Chaplain of Stonehiil Care Center, PROCLAMATIONS; Homeownership Week (June 3-10, 2000) received by Jim Lansing; Dollars Against DiabetesDay(June 10, 2000); Rising. Stars/Independent League Days (June 10-11, 2000). Minutes Submitted: Cable TV Regulatory Commission of 5/17; Cable Community Teleprogramming Commission of 5/9; Civil Service Commission of 5/3; Five Flags Commission of 320; Historic Preservation Commission of 5/4; Human Rights Commission of 4/10; Park and Recreation Commission of 5/9; Transit Board of 32; and Proof of Publication of Council Proceedings of 5/1/00, presented and read. Buol moved that the minutes and proof be received and filed. Seconded by Robbins. Motion carried 7-0. Claims/Suits; Thomas Buelow in estimated amount of $137.18 for property damage; Linda M. Federonich in undetermined amount for personal injuries; Jonathan S. Meyers in estimated amount of $562.65 for vehicle damage; Rhonda Switzer in estimated amount of $335.25 for vehicle damage, presented and read. Buol moved that the claims and suits be referred to the Legal Dept for investigation and report Seconded by Robbins. Motion carried 7-0. Corporation Counsel advising the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Allen Mohr for vehicle damage, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Corporation Counsel recommending settlement of the vehicle damage claim of Mark W. Becker in the amount of $445.84, presented and read. Buol moved that the communication be received and filed and approved recommendation and Finance Director to issue check. Seconded by Robbins. Motion carried 7-0. Corporation Counsel recommending denial of the towing expense reimbursement claim of Michael L. Hansen, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Communications from Tara Winger, 1145 Cleveland Avenue, Dubuque, IA, presented and read.- Buol moved that the communications be received and filed. Seconded by Robbins. Motion carried 7-0. Communication of David W. Leifker, Dubuque County Conservation Society, in opposition to the City's proposal to relocate barge fleeting to City Island and communication of Gary Newt, Newt Marine Service, regarding barge fleeting on City Island, presented and read. Buol moved that this be referred to the City Manager. Seconded by Robbins. Motion carried 7-0. Communication of Mark Laird and Wayne Reicher to vacate an alley running westerly off South Algona Street, presented and read. Buol moved that the communication be referred to the City Manager. Seconded by Robbins. Motion carried 7-0. City Manager recommending approval of a request from the Dubuque Racing Association to amend the 2000 DRA CIP Schedule to allow for the purchase of a hot water heater ($11,690.13) and external defibrillator 186 Regular Session, June 5, 2000 ($6,500), presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Robbins. Motion carried 7-0. City Manager recommending the issuance of $2,750,000 General Obligation Bonds, Series 20008, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 221-00 RESOLUTION APPOINTING WELLS FARGO BANK IOWA, NATIONAL ASSOCIATION OF DES MOINES, IOWA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, $2,750,000 General Obligation Bonds, Series 20006, dated June 1, 2000, have been sold at public sale and action should now be taken to provide for the maintenance of records, registration of certificates and payment of principal and interest in connection with the issuance of bonds; and Whereas, this Council has deemed that the services offered by Wells Fargo Bank Iowa, National Association of Des Moines, Iowa, are necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered Bonds; and Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement") has been prepared to be entered into between the City and Wells Fargo Bank Iowa, National Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA Section 1. That Wells Fargo Bank Iowa, National Association of Des Moines, Iowa, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $2,750,000 General Obligation Bonds, Series 20008, dated June 1, 2000. Section 2. That the Agreement with Wells Fargo Bank Iowa, Nationale Association of Des Moines, Iowa, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed and approved this 5th day of June, 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. 222-00 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,750,000 GENERAL OBLIGATION BONDS, SERIES 20008, AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of fundsto pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District, including but not limited to the construction of additional levels of parking spaces and expansion of the structured parking facility located on Iowa Street between Fifth and Sixth Streets, an essential corporate purpose, and it is deemed necessary and advisable that General Obligation Bonds in the amount of $2,750,000 be issued for said purpose; and WHEREAS; pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds; and WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public sale and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE. CITY OF DUBUQUE, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this. Resolution unless the text expressly orby necessary implication requires otherwise: Regular Session, June 5, 2000 187 + "Beneficial Owner' shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant or such person's subrogee. + "Bonds" shall mean $2,750,000 General Obligation Bonds, Series 2000B, authorized to be issued by this Resolution. + "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. + "Continuing. Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may beamended from time to time in accordance with the terms thereof. + "DTC" shall mean The Depository Trust Company, a New York corporation, New York, New York. + "Issuer" and "City' shall mean the City of Dubuque, Iowa. + "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. + "Paying Agent" shallmean Welts Fargo Bank Iowa, National Association, or such successor as may be approved by Issuer as provided herein and who shall cavy out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. + "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. + "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate, + "Registrar' shall mean Wells Fargo Bank Iowa, National Association of Des Moines, 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 register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. + "Representation Letter' shall mean the Blanket Issuer Letter of Representations from the Issuer to DTC with respect to the Bonds. + 'Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. + "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording andpayment of the Bonds issued hereunder. Section Z Lew and Certification of Annual Tar Other Funds to he 1Iserj (a) JewofAnnual Tax . That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Dubuque, Iowa, to -wit FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION: $409,338 2001/2002 $249,449 - 2002/2003 $243,839 20032004 $243,429 2004/2005 $242,629 2005/2006 $246,539 20062007 $244,869 2007/2008 $242,909 20082009 $240,659 2009/2010 $243,119 2010/2011 $239,999 2011/2012 $241,589 2012/2013 $237,599 2013/2014 $238,319 2014/2015 $238,459 2015/2016 $238,019 20162017 $236,999 20172018 $235,399 20182019 $238,219 2019/2020 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2000, will be collected during the fiscal year commencing July 1, 2001). (b) Resolutionto be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Dubuque County, Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. 188 Regular Session, June 5,2000 (c) Additional City Funds Available. Principaland interest corning due at any time whenthe proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 2000 NO. ONE" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Department of Revenue. Section 4. Application of Bond Proceeds Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principalof or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest. if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 128, Code of Iowa, 1999 (formerly: Chapter 452, Code of Iowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceedingthemaximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in .compliance. with the State Sinking Fund provided under Chapter 12C of the Code of Iowa, 1999, as amended or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. Allsuch interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details Fxecution and Redemption. (a) Bond Details. General Obligation Bonds of the City in the amount of $2,750,000, shall be issued pursuant to the provisions of Sections 38424 and 384.25 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND, SERIES 2000B", be dated June 1, 2000, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2000, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual signature of the Mayor and attested by the manual signature of the 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 Bonds shall be in the denomination of $5,000 or multiples thereof The Bonds shall mature and bear interest as follows: Interest Principal Maturity Rate Amount June 1st 5.800% $ 90,000 2002 5.800 95,000 2003 5.800 95,000 2004 5.800 100,000 2005 5.800 105,000 2006 5.800 115,000 2007 5.800 120,000 2008 5.800 125,000 2009 5.800 130,000 2010 5.800 140,000. 2011 5.800 145,000 2012 5.800 155,000. 2013. 5.800 160,000 2014 5.800 170,000 2015 5.800 180,000 2016 5.800 190,000 2017 5.800 200,000 2018 5.800 210,000 2019 5.875 225,000 2020 Regular Session; June 5, htd 189 (b) Redemption. Bonds maturing after June 1, 2009, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot The terms of redemption shall be par, plus accrued interest to date of call Thirty days' notice of redemption shall be given by first class mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment if selection by lot within a maturity is required, the Registrar shall designate the Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached. Section 71, DTC - Registration. All of the Bonds shall be registered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bond registered in the name of Cede & Co. shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. Section 7.2, The Bonds shall be initially issued in the form of separate single authenticated fully registered bonds in the amount of each separate stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the registry books kept by the Paying Agent and Registrar in the name of Cede & Co„ as nominee of DTC; The Paying Agent and Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for all other purposes whatsoever, and neither the Paying Agent and Registrar nor the Issuer shall be affected by any notice to the contrary. Neither the Paying Agent and Registrar nor the Issuer shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership. interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the registration books of the Paying Agent and Registrar as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant with respect to the payment by DTC or any Participant of any amount in respect of the principal or redemption price of or interest on the Bonds, wtth respect to any notice which is permitted or required to be given to owners of Bonds under the Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the Issuers obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest Upon delivery by DTC to the Paying Agent and Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with Section 7.7 hereof. Section 7.3. In the event the Issuer determines that itis in the best interest of the Beneficial Owners that they be able to obtain Bond certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event, the Bonds will be transferable in accordance with 190 Regular Session, June 5, 2000 Section 7.7 hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with Section 7.7 hereof. Section 7.4. Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively to DTC as provided in the Representation letter. Section 7.5. In connection with any notice or other communication to be provided to Bondholders by the. Issuer or the Paying Agent and Registrar with respect to any consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for such consent or other action and give DTC notice of such record date not less than 15 calendar days in advance of such record date to the extent possible. Notice to DTC shall be given only when DTC is the sole Bondholder. Section 7.6. The execution and delivery of the Blanket Issuer Letter of Representations to DTC by the Issuer, in the form previously approved, is hereby ratified and confirmed. The Blanket Issuer Letter of Representations shall set forth certain matters with respect to, among other things, notices, consents and approvals by Bondholders and payments on the Bonds. Section 7.7. In the event that any transfer or exchange of the Bonds is permitted under Section 7.2 or 7.3 hereof, such transfer or exchange shall beaccomplished upon receipt by the Registrar from the registered owners thereof of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution shall also apply to, among other things, the printing of such certificates and the method of payment of principal of and interest on such certificates. Section 7.8. The officers of the Issuer are hereby authorized and directed to prepare and furnish to said purchaser, and to the attorneys approving the legality of said Bonds, certified copies of such proceedings, ordinances, resolutions and records and all such certificates and affidavits and other instruments as may be required to evidence the legality and marketability of said bonds, and all certified copies, certificates, affidavits and other instruments so furnished, including any heretofore furnished, shall constitute representations of the Issuer as to the correctness of all facts stated or recited therein. Section 8. Registration of Bonds' Appointment of Registrar Transfer Ownership; Delivery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Wells Fargo Bank Iowa, National Association is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds 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 satisfactoryto the Registrar, along with the address and social security number or federal employer identification numberof 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 Regular Session, June 5, 2000 191 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 bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownershin. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall bevalid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar, All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer, provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer, (f) Non -Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds whoshall 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 Agents obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9 Reissuance of Mutilated Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the • same appear on the books of the Registrar on the 15th day preceding the payment date. Alt such payments shall fully discharge the obligations of 192 Regular Session, June 5, 2000 the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall bevalid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond - a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers, Cooney, Dorweiler, Haynie,. Smith & Allbee, P.C.; Bond Counsel, concerning the validity and legality of all. the Bonds proposed to be issued. Section 12. Right to Name Substfute Paving Ment or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: (6) (7) (6) (8) (1) (2) (3) (4) (5 (9) (9a) (10) (Continued on the back of this Bond) (11)(12)(13) (14) (15) FIGURE 1 (Front) Regular Session, June 5, 2000 193 FIGURE 2 (Back) The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1= "STATE OF IOWA" "COUNTY OF DUBUQUE" "CITY OF DUBUQUE" "GENERAL OBLIGATION BOND" "SERIES 20008" Item 2, figure 1 = Rate. Item 3, figure 1 = Maturity Item 4, figure 1 = Bond Date: June 1, 2000 Item 5, figure 1 = Cusip No.: Item 6, figure 1 = "Registered" Item 7, figure 1 = Certificate No Item 8, figure 1 = Principal Amount $ Item 9, figure 1 = The City of Dubuque, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 or registered assigns, the principal sum of (principal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the designated office of Wells Fargo Bank Iowa, National Association, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 2000, and 194 Regular Session, June 5, 2000 semiannually thereafter on theist day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day preceding such interest payment date. Interest shall be computed on the basis of a 360 -day year of twelve 30 -day months. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"),to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF. FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. This Bond is issued pursuant to the provisions of Sections 384.24 and 384.25 of the City Code of Iowa, for the purpose of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District, including but not limited to the construction of additional levels of parking spaces and expansion of the structured parking facility located on Iowa Street between Fifth and Sixth Streets, in conformity to a Resolution of the Council of said City duly passed and approved. Bonds maturing after June 1, 2009, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by first class mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by Wells Fargo Bank Iowa, National Association, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to 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 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. This Bond is a "qualified tax-exempt obligation" designated by the City for. purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986. STATEMENT OF INSURANCE MBIA Insurance Corporation (the 'Insurer") has issued a policy containing the following provisions, such policy being on file at Wells Fargo Bank Iowa, National Association, Des Moines, Iowa. The Insurer, in consideration of the payment of the premium and subject to the terms of this policy, hereby unconditionally and irrevocably guarantees to any owner, as hereinafter defined, of the following described obligations, the full and complete payment required to be made by or on behalf of the Issuer to Wells Fargo Bank Iowa, National Association or its successor (the "Paying Agent") of an amount equal to (i). the principal of (either at the stated maturity or by any advancement of maturity pursuant to a mandatory sinking fund payment) and interest on, the Obligations (as that term is defined below) as such payments shall become due but shall not be so paid (except that in the event Regular Session, June 5, 2000 195 of any acceleration of the due date of such principal by reason of mandatory or optional redemption or acceleration resulting from default or otherwise, other than any advancement of maturity pursuant to a mandatory sinking fund payment, the payments guaranteed hereby shall be made in such amounts and at such times as such payments of principal would have been due had there not been any such acceleration); and (ip the reimbursement of any such payment which is subsequently recovered from any owner pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes an avoidable preference to such owner within the meaning of any applicable bankruptcy law. The amounts referred to in clauses (I) and (ii) of the preceding sentence shall be referred to herein collectively as the "Insured Amounts." "Obligations" shall mean: $2,750,000 City of Dubuque, Iowa General Obligation Bonds, Series 2000B Upon receipt of telephonic or telegraphic notice, such notice subsequently confirmed in writing by registered or certified mail, or upon receipt of written notice by registered or certified mail, by the Insurer from the Paying Agent or any owner of an Obligation the payment of an Insured Amount for which is then due, that such required payment has not been made, the Insurer on the due date of such payment or within one business day after receipt of notice of such nonpayment, whichever is later, will make a deposit of funds, in an account with State Street Bank and Trust Company, N.A., in New York, New York, or its successor, sufficient for the payment of any such Insured Amounts which are then due. Upon presentment and surrender of such Obligations or presentment of such other proof of ownership of the Obligations, together with any appropriate instruments of assignment to evidence the assignment of the Insured Amounts due on the Obligations as are paid by the Insurer, and appropriate instruments to effect the appointment of the Insurer as agent for such owners of the Obligations in any legal proceeding related to payment of Insured Amounts on the Obligations, such instruments being in a form satisfactory to State Street Bank and Trust Company, N.A. State Street Bank and Trust Company, N.A., shall disburse to such owners or the Paying Agent payment of such Insured Amounts due on such Obligations, less any amount held by the Paying Agent for the payment of such Insured Amounts and legally available therefor. This policy does not insure against loss of any prepayment premium which may at any time be payable with respect to any Obligation. As used herein, the term "owner" shall mean the registered owner of any Obligation as indicated in the books maintained by the Paying Agent the Issuer, or any designee of the Issuer for such purpose. The term owner shall not include the Issuer or any party whose agreement with the Issuer constitutes the underlying security for the Obligations. Any service ofprocess on the Insurer may be made to the Insurer at its offices located at 113 King Street, Armonk, New York 10504 and such service of process shall be valid and binding. This policy is non -cancellable for any reason. The premium on this policy is not refundable for any reason including the payment prior to maturity of the Obligations. MBIA Insurance Company And it is hereby represented and certified 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 law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the manual signature of its Mayor and attested by the manual signature of its City Clerk, with the seal of said City impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, Wells Fargo Bank Iowa, National Association, 196 Regular Session, June 5, 2000 Des Moines, Iowa. Item 11, figure 1 = Dateof authentication: Item 12, figure 1 = Thisis one of the Bonds described in the within mentioned Resolution, as registered by Wells Fargo Bank Iowa, National Association. WELLS FARGO BANK IOWA, NATIONAL ASSOCIATION, Registrar By: Authorized Signature Item 13, figure 1 = Registrar and Transfer Agent Wells Fargo Bank Iowa, National Association Paying Agent Wells Fargo Bank Iowa, National Association Corporate Trust Operations MAC N9303-121 Sixth & Marquette Avenue Minneapolis, MN 55479 SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block] CITY OF DUBUQUE, IOWA By (manual signature) Mayor ATTEST: By (manual sianatur& City Clerk Item 16, figure 2 = [Assignment Block] [Information Required for Registration] ASSIGNMENT For value received,the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond onthe books kept for registration of the within Bond, with full power of substitution in the premises. Dated (Person(s) executing this Assignment sign(s) here) SIGNATURE ) GUARANTEED) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement- or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual' Corporation Partnership Trust 9f the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT as tenants by the entireties JT TEN - as joint tenants with right 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 ABBREVIATIONS MAY ALSO BE USED THOUGH NOT 1N THE ABOVE LIST Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 15. Non -Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially Regular Session, June 3, 2000 197 change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 16. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval Section 17. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, 'Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 18. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section. 19. Amendment of Resolution to Maintain Tax Fxemotion This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 20 Qualified Tax -Exempt Obtiaations For the sole purpose of qualifying the Bonds as "Qualified Tax - Exempt Obligations" pursuant to the Internal Revenue Code of the United States, the Issuer designates the Bonds as qualified tax-exempt obligations and represents that the reasonably anticipated amount of tax- exempt governmental and Code Section 501(c)3 obligations which will be issued during the current calendar year will not exceed Ten (10) Million Dollars. Section 21. Repeal of Conflicting Resolutions or Ordinances. Thatall ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. PASSED AND APPROVED this 5th day of June, 2000, Terrance M. Duggan, Mayor ATTEST: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Communication of the Community Development Advisory Commission 198 Regular Session, June 5, 2000 regarding allocation of Community Development. Block Grant Funds for the Lead Based 'Paint Hazard Reduction Program, pres&nted and read. Buol moved ` that the communication be received and filed. Seconded by. Robbins. Motion carried 7-0. City Manager recommending acceptance of the Merchant Hotel Demolition and Site Clearance Project and approval of the final payment to Tschiggfrie Excavating Co., presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 223-00. RESOLUTION APPROVING FINAL PAYMENT TO TSCHIGGFRIE EXCAVATING FOR THE COMPLETION OF THE MERCHANT HOTEL (304-326 MAIN STREET) DEMOLITION AND SITE CLEARANCE PROJECT' - Whereas, the contract for the Merchant Hotel (304-326 Main Street) demolition and siteclearance project has been completed and the work has been examined and found to be in accordance with the terms of the contract dated August 19,1999. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the contract between the City of Dubuque ' and Tschiggfrie Excavating, is hereby approved as complete for a total final cost of $234,140.00. Section 2. That the City Treasurer is hereby directed to make payment to Tschiggfire Excavating in the above amount. Passed, approved and adopted this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. City Manager recommending approval of a request from St. Luke's United Methodist Church, 1199 Main Street, to demolish a garage, presented and read. Buol moved that the communication be received and filed and recommendation approved.. Seconded by Robbins. Motion carried 7-0. Communication of City Manager recommending approval of the Final Plat of Lots 1 through 22 Furuseth's Fifth Subdivision in Dubuque County, Iowa, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 224-00 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THROUGH 22 FURUSETH'S FIFTH SUBDMSION, IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a final plat of Lots 1 through 22 Furuseth's Fifth Subdivision, in Dubuque County, Iowa, and Whereas, upon said final plat appear streets to be known as Wildlife Ridge and Turkey Valley Lane; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon, with the waiver of Article IV, Design and Improvement Standards of the Subdivision Regulations, except for Section 42-19; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of Lots 1 through 22 of Furuseth's Fifth Subdivision, in Dubuque County, Iowa, is hereby approved and the Mayor and City Council are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. Section 2. That the City Council hereby waives Article IV, Design and Improvement Standards, except for Section 42-19, Lots and Blocks, of the City Subdivision Regulations. Passed, approved and adopted this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoptionof the resolution. ' Seconded by Robbins. Motion carried 7-0. Historic Preservation Commission submitting the nomination of Four Mounds to the National Register of Historic Places for Council review, Regular Session, June 5, 2000 199 presented and read. Buol moved that the communication be received and filed and concurred with the nomination. Seconded by Buol. Motion carried 7-0. City Manager recommending approval of a joint agreement between the Dubuque County Board of Supervisors and the City of Dubuque for the asphalt reconstruction of Peru Road from Tanzanite Drive to the City, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Michalski voiced concerns about accessibility to Four Mounds during the construction. John Gronen reported on the events scheduled for the summer. RESOLUTION NO. 225-00 RESOLUTION APPROVING JOINT AGREEMENT BETWEEN DUBUQUE COUNTY AND THE CITY OF DUBUQUE FOR THE RECONSTRUCTION OF PERU ROAD FROM TANZANITE DRIVE TO THE CITY LIMITS Whereas, Dubuque County has developed plans for the reconstruction of Peru Road from Tanzanite Drive to the City limits; and Whereas, portions of said project are located within the City Limits of the City of Dubuque and portions outside the City limits, but within Dubuque County, and Whereas, both parties have agreed to a joint project to develop, construct, and fund a single construction project located within both jurisdictional boundaries on Peru Road from Tanzanite Drive to the Dubuque City limits; and Whereas, the County of Dubuque has approved the terms and conditions of said Joint Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the Joint Agreement between Dubuque County and the City of Dubuque for the reconstruction of Peru Road from Tanzanite Drive to the Dubuque City limits be approved. Section 2. That the Mayor be authorized and directed to execute two copies of the Joint Agreement and forward two executed copies to the Dubuque County for their approval. Passed, approved and adopted this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending acceptance of the contract for the Usha Park Grading Project, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 226-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Usha Park Grading Project has been completed and the City Manager has examined the work and tiled his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW . THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the DRA Distributions in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 5th day of June, 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. 227-00 FINAL ESTIMATE Whereas, the contract for the Usha Park Grading Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $99,065.34, and the said amount shall be paid from the DRA Distributions of the City of Dubuque, 200 Regular Session, June 5, 2000 Iowa. Passed, approved and adopted this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. City Manager recommending acceptance of the contract for the Pennsylvania/Northwest Arterial Project, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 228-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Widening of Pennsylvania Avenue at the Northwest Arterial Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 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 tothe contractor from the Local Option Sales Tax Fund in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed; approved and adopted this 5th day of June, 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. 229-00 FINAL ESTIMATE Whereas, the contract for the Widening of Pennsylvania Avenue at the Northwest Arterial Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and. all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1. That the cost of said improvement is hereby determined to be $80,055.12 and the said amount shall be paid from the Local Option Sales Tax Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. City Manager recommending acceptance of the contract for the Dell and Chestnut Street Storm Sewer Project, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 230-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Chestnut and Dell Street Storm Sewer has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 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 Local Option Sales Tax Funds in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 5th day of June, 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. 231-00 FINAL ESTIMATE Whereas, the contract for the Chestnut. and Dell Street Storm Sewer 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 Regular Session, June 5, 2000 201 RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1. That the cost of said improvement is hereby determined to be $32,561.21 and the said amount shall be paid from Local Option Sales Tax Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. City Manager recommending acceptance of the contract for the Sarah and Maryville Storm Sewer Project, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 232-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Sarah and Maryville Drive Storm Sewer - Extension Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Local Option Sales Tax - Fiscal Year 2000 and the Storm Sewer Extension CIP - Fiscal Year 2000 in amounts equal to the amount of this contract, less any retained percentage provided for therein. Pass -d, approved and adopted this 5th day of June, 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. 233-00 FINAL ESTIMATE Whereas, the contract for the Sarah and Maryville Drive Storm Sewer Extension Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $61,932.31 and the said amount shall be paid from Local Option Sales Tax - Fiscal Year 2000 and the Storm Sewer Extension CIP Fiscal Year 2000 the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. City Manager recommending acceptance of the contract for the Granger Creek Lift Station Project, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 234-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Granger Creek Lift Station Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommendsit acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1. That the recommendation of the City Manager be approved and that said improvement be and the sameis hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Technology Park Contingency Fund in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoptionof the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 235-00 FINAL ESTIMATE Whereas, the contract for the 202 Regular Session, June 5, 2000 Granger Creek Lift Station Project has been completed and the. City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $72,885.47 and the said amount shall be paid from the Technology Park Contingency Fundof the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of June, 2000. Terrance M_ Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. City Manager recommending approval of a Cops. in Schools Grant application, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Robbins. Motion canied 7-0. City Manager recommending that the City waive its Juvenile Accountability Incentive Block Grant (JAIBG) allocation of $12,630 and allow the funding to go to the Dubuque Decat project, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Robbins. Motion carried 7-0. Communication of Thomas G. Goodman submitting his resignation from the Library Board of Trustees, effective immediately, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 236-00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 49 RENEWALS 5 Point Mart 5 Point Mart Inc 405 Rhomberg Ave Airport Inn E. Kim Schwartz 574 E 16th St Aragon Tap Myra Woodman 1103 Iowa St B'Z Dart Inn Bernice Bauer 431 Rhomberg Ave Beecher's Conoco/Beverage Beecher Co. Inc 1691 Asbury Rd Big 10 Mart Molo Oil Co. 1875 JFK Rd Big 10 Mart Molo Oil Co. 9th & Central Ave Big 10 Mart Molo Oil Co. 2100 JFK Rd The Busted Lift Davey Robertson's Public Bar 180 Main St Casey's General Store. The Monday Co. 4003 Peru Rd Casey's General Store Angel Investment 2699 Rockdale Rd Central Tap Myra Woodman 1046 Central Ave Dempseys & Molly's Pub Clifford Enterp. 395 E 9th St Creslanes Bowling Lanes Crescent Electric Supply 255 S Main St -Denny's Lux Club Beverly A. Larsen 3050 Asbury Rd Dubuque Discount Gas Dubuque Discount Gas Inc. 4110 Dodge St Dubuque Discount Gas Dubuque Discount Gas Inc. 2175 Central Ave Dubuque Golf & Country Club Dubuque Golf & Country Club 1800 Randall PI Dubuque Mining Co Apt. Ltd Corp 555 JFK Rd Eagle Food Center #320 Eagle Food Centers, Inc. 2050 JFK Rd Eagle Food Center#130 Eagle Food Centers, Inc. 1800 Elm St Eagle Food Center # 018 Eagle Food Centers, :Inc.. 300 S Locust St Family Beverage Center Family Beverage Center 3400 Central Ave Family Beverage Center Family Mart, Inc 3201 Central Ave Hammerheads Bar/Billiards Hammerheads, Inc 2095 Kerper Blvd Hartig Drug Store # 4 Hartig Drug Co. Inc 2725 Central Ave Hartig Drug Store # 3 Hartig Drug Co. Inc 2255 JFK Rd Hartig Drug Store # 2 Hartig Drug Co. Inc 157 Locust St Hartig Drug Store # 1 Hartig Drug Co. Inc 703 Town Clock Plz Iowa Potato & Produce House Iowa Potato & Produce House 2600 Dodge St Regular Session, Ain a 5, 2000 203 K C's Downtown Auto Lynn Kruser K -Mart # 4018 Lucky 13 Tap McCann's IOCO McCann's Service Inc. Oky Doky# 1 OkyDoky#2 TFM Co Oky Doky # 3 TFM Co Oky Doky # 8 Hill Street Plaza Plaza 20 AMOCO 2600 Dodge St Center 205 Locust St K -Mart Corp 2600 Dodge St David Erickson 385 E 13th St 690 W Locust TFM Co 250 W 1st St 51 W 32nd St 1256 Iowa St 535 Hill St Plaza 20 Amoco 2600 Dodge St Puff n Snuff Molo Oil Co 495 N Grandview Puff n Snuff Molo Oil Co 2013 Central Ave Tobacco Outlet Plus # 504 Kwik Trip Inc 806 Wacker Dr Tony's Place Charles Steffen 1701 Central Ave Walgreens # 377 Walgreen Co. 555 JFK Rd Wal-Mart Store Wal-Mart Store 4200 Dodge St Wainut Tap Walnut Tap 709 University Av Wareco Service Wareco Service Inc 700 Rhomberg Av West Locust Mart Lee W Potter Sr 408 W Locust St Whiskey River Chad Streff 1064 University Av Passed, approved and adopted this 5th day of June, 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. 237-00 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" (SPECIAL EVENT 5 -DAY) BEER PERMIT Donna Ginter Catfish Festival+ (Sunday/Outdoor Sale) Hawthorne St CLASS "B"( 6 MONTH) BEER PERMIT Dubuque Jaycees Dubuque Jaycees TentA Town Clock Plaza Dubuque Jaycees Dubuque Jaycees - Tent B Town Clock Plaza Dubuque Jaycees Dubuque Jaycees - Tent C Town Clock Plaza Passed, approved and adopted this 5th day June, 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. 238-00 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied . by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS °C" BEER/LIQUOR LICENSE James Ferring Dubuque Lanes+ (Sunday Sale) 1029 Main St Bernice M Bauer B'z Dart Inn + (Sunday Sale) 431 Rhomberg Ave Passed, approved and adopted this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council to express their desire to serve on the following Boards/Commission HISTORIC PRESERVATION COMMISSION: Kenneth C. Kringle (Cathedral District); Jim Gibbs, Alfred S. Smemo, Joseph Ungs (At -Large) Mr. Kringle spoke requesting reappointment. LONG RANGE PLANNING ADVISORY COMMISSION: Chris Curfman, Dr. Mary Lynn Neumeister, Rick Stein. Dr. Mary Lynn Neumeister and Rick Stein both spoke requesting reappointment. 704 Regular Session, June 5, 2000 PARK AND RECREATION COMMISSION: Kim. Daykih, Chuck Duggan, Gary Harjehausen, Robert C. Timmerman. Robert Timmerman spoke requesting appointment. ZONING ADVISORY COMMISSION: Stephen F. Hardie, Ferd Nesler, Robert W. Nagle, Michael F. Portzen Stephen Hardie spoke requesting reappointment. Michalski moved that the rules be suspended to allowanyone present to address the Council if they so desire. Seconded by Robbins. Motion carried 7-0. Proofs of publication on notice of hearing to consider rezoning 223 acres of property between English Mill Road and Highway 20 from County A-1 Agricultural District to City C-3 General Commercial District, R-3 Moderate Density Multi -Family Residential District, and R-1 Single -Family Residential District in conjunction with annexation, presented and read. Robbins moved that the proofs be received and filed. Seconded by Nicholson. Motion caned 7-0. John Herrig, representing the Siegerts, spoke requesting the rezoning. Michael Wilson, 14021 Barrington, representing the Barrington Lakes Property Owners' Assn., stated that the Association is not opposed to the rezoning. An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 11515 English Mill Road from Dubuque County A-1 Agricultural District to City of Dubuque C-3 General Commercial District, R-3 Moderate Density Multi -Family Residential District and R-1 Single - Family Residential District, with conditions, concurrent with annexation, said Ordinance had been given the first and second readings on 5/15100, now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 44-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 11515 ENGLISH MILL ROAD FROM DUBUQUE COUNTY A-1 AGRICULTURAL DISTRICT TO CITY OF DUBUQUE C-3 GENERAL COMMERCIAL DISTRICT, R-3 MODERATE DENSITY MULTI- FAMILY RESIDENTIAL DISTRICT AND R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT, WITH CONDITIONS, CONCURRENT WITH ANNEXATION. Whereas, Gerald and Judith Siegert have requested rezoning concurrent with annexation to the City of Dubuque in accordance with Section 2-3 of Appendix A (Zoning Ordinance) of the Cityof Dubuque Code of Ordinances; and Whereas, this request has been found to be consistent with the Comprehensive Plan and the Future Land Use Map of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from Dubuque County A-1 Agricultural District to City C-3 General Commercial District, R-3 Moderate Density Multi - Family Residential District and R-1 Single -Family Residential District as shown on Exhibit 1, and to the center line of the adjoining right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication as provided by law, and at such time that the herein described property is legally annexed into the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 44-00 We, Gerald and Judith Siegert, owners, having read the terms and conditions of the foregoing Ordinance No. 44-00and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 5th day of June, 2000. Regular Session, June 5, 2000 205 By Is/ Gerald Siegert By /s/ Judith Siegert Robbins moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Proof of publication on notice of hearing to consider a request to annex land east of the Landfill between Highway 20 and English Mill Road and City Manager recommending approval of a request to annex 229 acres of agricultural land directly east of the Landfill between Highway 20 and English Mill Road, presented and read. Robbins moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 239-00 RESOLUTION ANNEXING CERTAIN PROPERTY Whereas, Gerald and. Judith Siegert, property owners, have voluntarity petitioned for annexation of approximately 229 acres of . property lying outside of the corporate limits of the City of Dubuque, Iowa, as shown in Exhibit A; and Whereas, Chapter 368 of the Code of Iowa authorizes the extension of City limits in situations of this character by adoption of a resolution after notification as required by State regulations; and Whereas, this request has been found to be consistent with the Comprehensive Plan and the Future Land Use Map of the Comprehensive Plan; and Whereas, the future growth and development of the City of Dubuque, Iowa, make it desirable that said property be made part of the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the territorial limits of Dubuque, Iowa, be, and they hereby are extended to include the property legally described as shown in Exhibit A. Section 2. The territory hereby annexed shall become a part of the Third Precinct of the First Ward of the City of Dubuque, Iowa. Section 3. That the City Clerk shall file this resolution, all exhibits and the petition for voluntary annexation with the State of Iowa in accordance with State regulations. Passed, approved and adopted this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne R Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Proof of publication on notice of hearing to consider disposing of City's interest in real property adjacent to the North End Neighborhood Bike/Hike Trail to Giese Sheet Metal and City Manager recommending approval of an ingress/egress easement to Giese Company and to approve disposal of the City's interest in the property, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 240-00 RESOLUTION TO DISPOSE OF INTEREST IN REAL PROPERTY BY GRANTING AN INGRESS/EGRESS EASEMENT TO A CERTAIN PROPERTY OWNER ADJACENT TO THE NORTH END NEIGHBORHOOD BIKE/HIKE TRAIL FROM 22ND STREET TO 32ND STREET, IN THE CITY OF DUBUQUE, IOWA. Whereas, pursuant to Resolution No. 218-00 and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 19th day of May, 2000, the City Council of the City of Dubuque, Iowa met on 5th day of June, 2000, at 6:30 p.m. in the Public Library Auditorium, 360 W. 11th Street, Dubuque, Dubuque County, Iowa, to consider the proposal for the disposition of an interest in real property by granting an ingress/egress easement described as a 12 -foot by 35 -foot ingress/egress easement over and across part of the abandoned railroad right-of-way from 28th Street to 29th Street between Lots 131 and 136 in Glendale Addition No. 2 , as shown on the attached Exhibit. Whereas, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral and written, to the proposal to dispose of an interest of the City of Dubuque, Iowa, in the hereinabove described real property by granting an ingress/egress easement for a certain property adjacent to the North End Neighborhood Bike/Hike Trail from 22nd Street to 32nd Street, all in the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 206 Regular Session, June 5, 2000 OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of an interest of the City of Dubuque, Dubuque County, Iowa, in real propertyby granting an ingress/egress easement to Giese Company described as a 12 -foot by 35 -foot ingress/egress easement over and across part of the abandoned railroad right-of-way from 28th Street to 29th Street between Lots 131 and 136, in Glendale Addition No. 2 to Giese Company, 2820 Elm Street. Section 2. ` That the Mayor be authorized and directed to execute the Ingress/Egress Easement, and the City Clerk be and is hereby authorized and directed to deliver said Easement to the property owner referenced above: Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice to be published and described under Section 3647of the Code of Iowa. Passed, approved and adopted this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved ..adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. At 7:07 P.M. Mayor Duggan turned control of the meeting to Mayor Pro - Tem Nicholson due to potential conflict of interest and left the Chambers. Proof of publication on notice of hearing to consider an amended and restated Urban Renewal Plan for the Ice Harbor Urban Renewal District, City Manager recommending adoption of the Amended and Restated Urban Renewal Plan for the Ice Harbor Urban Renewal District, Communication from the Long Range Planning Advisory Commission advising that the proposed Urban Renewal District conforms with the City's Comprehensive Plan and Communication from Brian J. Kane, Counsel for The Fischer Companies, objecting to the inclusion of his clients property as part of the Urban Renewal District, presented and read. Buol moved that the proof and communications be received and filed. Seconded by Nicholson. Motion carried 7-0. Brian Kane, representing The Fischer Companies, spoke objecting to the proposed Urban Renewal Plan for the Ice Harbor Urban Renewal District; Lynn Pfohl Quigley of The Fischer Companies, spoke in opposition to the proposed Urban Renewal Plan for the Ice Harbor Urban Renewal District. Rhodes J. (Bud) Isenhart, 8908 Quail Ridge Court, spoke regarding various Urban Renewal and TIF District projects the City has undertaken. RESOLUTION NO. 241-00 A RESOLUTION APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE ICE HARBOR URBAN RENEWAL DISTRICT. Whereas, on May 8, 2000, the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan. (the 'Plan") for the Ice Harbor Urban Renewal District (the "District"); and Whereas, the City of Dubuque's primary objective in amending this Plan is to provide opportunities for further redevelopment and reinvestment in the 4th Street Peninsula area; and Whereas, the Long Range Planning Advisory Commission has reviewed the proposed Plan and has found that said document is consistent with the Comprehensive Plan for the development of the City of Dubuque as a whole and has transmitted its findings to the City Council; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed amended and restated Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section t That the Amended and Restated Urban Renewal Plan for the Ice Harbor Urban Renewal District, attached hereto and made reference to herein, be approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of this Resolution along with the Plan in the office of the Dubuque County Recorder. Passed, approved and adopted this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buolmoved adoption of the resolution. Seconded by Nicholson. Regular Session, June 5, 2000 207 Motion carried 7-0. At 7:57 P.M. Mayor Duggan returned to the Chambers and took control of the meeting. Proof of publication on notice of hearing to consider a lease to the Dubuque County Historical Society for the America's River Museum and City Manager recommending approval of the lease to the Dubuque County Historical Society for the America's River Museum, presented and read. Michalski moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Jerry Enzler, 1921 Simpson, spoke in appreciation of the lease. RESOLUTION N0.242-00 RESOLUTION DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE WITH THE DUBUQUE COUNTY HISTORICAL SOCIETY Whereas, the City of Dubuque, Iowa (City) is the owner of certain real property described in Exhibit A to the Lease attached hereto (the Property); And Whereas, the Dubuque County Historical Society (DCHS) desires to lease the Property for the construction and operation of a museum upon the terms set forth in the Lease. And Whereas, on the 5th of June, 2000, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in real property and overruled all objections thereto; And Whereas, the City Council finds that it is in the best interest of the City to approve the Lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1. The Lease between City and DCHS, attached hereto, is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Lease on behalf of the City of Dubuque. Section 3. The City Clerk is hereby authorized and directed to cause this Resolution to be recorded with the Dubuque County Recorder. Passed, approved and adopted this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids for the Five Flags Center Skate Tile Replacement Project and City Manager recommending to award contract for project, presented and read. Robbins moved that the proofs and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 243-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 1st day of May, 2000, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the FIVE FLAGS CENTER SKATE TILE INSTALLATION. WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 5th day of June, 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. 244-00 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the FIVE FLAGS CENTER SKATE TILE INSTALLATION PROJECT pursuant to Resolution No. 243-00, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 5th day of May, 2000. WHEREAS, said sealed proposals were opened and read on the 23rd day of May, 2000, and it has been determined that the bid of THE FLOORSHOW COMPANIES, in the amount of $55,978 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 208 Regular Session, June 5, 2000 RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA That the contract for the above improvement be awarded to THE FLOORSHOW COMPANIES, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractors bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the resolution. Seconded. by Nicholson. Motion carried 7-0. Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of -bids for the Olympic Heights/U.S. 52/Jackson Street Drainage Improvements - Phase II (Flexsteel Pump Station Augmentation) and City Manager recommending toaward contract for project, presented and read. Robbins moved that the proofs - ;and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 245-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 26th day of April, 2000, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Olympic Heights -U.S. 52 - Jackson Street Drainage Improvements - Phase II (Flexsteel Pump Station Augmentation). Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved. as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 5th day of June, 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. 246-00 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Olympic Heights-US52-Jackson Street Drainage Improvements - Phase II (Flexsteel Pump Station Augmentation) Project pursuant to Resolution No. 189- 00 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 5th day of May, 2000: Whereas, said sealed proposals were opened and read on the 18th day of May, 2000, and it has been determined that the bid of CDI Excavating, Inc. of Dubuque, Iowa, in the amount of $43,514.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to CDI Excavating, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. Proofs of publication on noticeof hearing on plans and specs and notice to bidders on the receipt of bids for Reconstruction of the Sheridan Road Storm Sewer and City Manager recommending to award contract for project, presented and read. Robbins moved that the proofs and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 247-00 Regular; Session, June 5, 2000,. 209 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 26th day of April, 2000, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Sheridan Road Storm Sewer Reconstruction: Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 5th day of June, 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. 248-00 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Sheridan Road Storm Sewer Reconstruction Project pursuant to Resolution No. 193-00 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 5th day of May, 2000. Whereas, said sealed proposals were opened and read on the 18th day of May, 2000, and it has been determined that the bid of Tschiggfrie Excavating, of Dubuque, Iowa, in the amount of $122,841.95 was the lowest bid for the fumishings of all labor and materials and performing the work as provided for in the plans and specifications, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Tschiggfrie Excavating, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders, Passed, approved and adopted this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0_ Nicholson moved that the following item be removed from the table. Seconded by Michalski. Motion carried 7-0. Ken Buesing spoke in support of the reclassification. An Ordinance Amending Appendix A of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 3030 Brunskill Road from AG Agricultural to PUD Planned Unit Development District and a PR Planned Residential District Designation and adopting a Conceptual Development Plan, with Conditions, said Ordinance having been presented and read on 5/1/00, now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 45-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3030 BRUNSKILL ROAD FROM AG AGRICULTURAL TO PUD PLANNED UNIT DEVELOPMENT DISTRICT AND A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from AG Agricultural and R-1 Single -Family Residential Districts to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof for the property designated as PR Planned Residential on the conceptual development plan, to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code 210 Regular Session, June 5, 2900 Section 414.5 (1993), and as an express the condition of the reclassification, the undersigned property owner agrees to the following conditions, all of which the property owners further agree are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Use Regulations. The following regulations shall apply to all uses made of land in the above described PUD District 1) Principal permitted uses for PR Planned Residential District shall be limited to twenty (20) condominium dwelling unitsin ten (10) two -unit buildings [11]. 2) Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. [] Parking group—see Section 4-2 of the Zoning Ordinance. B. Lot and Bulk Regulations. Development of land in the PUD District shall be regulated as follows: 1) All residential structures shall be constructed in substantial compliance with the attached conceptual development plan. 2) Maximum height for all structures shall be 30 feet. C. Performance Standards. The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1) Erosion control devices shall be provided during all phases of construction of the PR Planned Residential District development. 2) Parking requirements for allowed uses shall be as per the parking group for the designated use, in accordance with Section 4-2 of the Zoning Ordinance. 3) Sidewalks shall be provided adjoining all new public streets. 4) Storm water control facilities will be installed as per City Engineering requirements. 5) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior to construction of any buildings and parking lots. D. Open Space and Recreational /areas Those areas not designated on the conceptual development plan for development shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance by the property owner and/or association. E. Sign Regulations. Signs in the PUD District shall be regulated as follows in accordance with the R-1 Single -Family Residential District sign regulations of the Zoning Ordinance. F. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the .establishment of the district. G. Reclassification of Subject Property. The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to the AG Agricultural District and R-1 Single -Family Residential District in accordance with Section 6 of the Zoning Ordinance if the property owner fails to complete or maintain any of the conditions of this ordinance. H. Modifications. Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. I. Recording. A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 45-00 I, David Patter, representing Paizer Investments, LLC, property owner, having read the terms andconditions of the foregoing Ordinance No. 45-00 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 5th day of June, 2000. By /s/ David Patter Regular Session, June 5,2000„ 211 Published officially in the Telegraph Herald newspaper this 12th day of June, 2000. Jeanne F. Schneider, City Clerk 1t 6/12 Nicholson moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. Buol moved that the rules be reinstated limiting discussion to the Council. Seconded by Nicholson. Motion carried 7-0. Appointment of the Mayor, City Manager and two City Council Members (currently Council Members Nicholson and Cline) to the GDDC Board of Directors. Michalski moved that the communication be received and filed and resolved to reappoint the same individuals. Seconded by Robbins. Motion carried 7-0. Request of the Dubuque County Board of Supervisors for appointment of a Council Member (currently Council Member Robbins) to the Resources Enhancement - and Protection Committee, presented and read. Michalski moved to receive and file the communication and to reappoint Council Member Robbins. Seconded by Nicholson. Motion carried 7-0. An Ordinance amending Section 2- 22 of the City of Dubuque Code of Ordinances providing for the regular meetings of the City Council by changing the meeting dates for July, 2000, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 46-00 AN ORDINANCE AMENDING SECTION 2-22 OF THE CITY OF DUBUQUE CODE OF ORDINANCES PROVIDING FOR THE REGULAR MEETINGS OF THE CITY COUNCIL BY CHANGING THE MEETING DATES FOR JULY, 2000 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Sec. 2-22 of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 2-22. Meetings -Date. Regular meetings of the council shall be held on the first and third Monday of each month and special meetings may be called from time to time by the mayor or a majority of the members of the council. When the day fixed for any regular meeting of the council falls upon a day designated as a legal or national holiday, such meeting shall be held at the same hour on the next succeeding day not a holiday. Notwithstanding the foregoing, the regular meetings for July, 2000 shall be the first Wednesday and the third Monday. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 12th day of June, 2000. Jeanne F. Schneider, City Clerk It 6/12 Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Communication of City Manager recommending approval of a projecting sign in the public right-of-way at 180 Main Street (The Busted Lift), presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. An Ordinance Authorizing John Finn to construct projecting sign, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 47-00 AN ORDINANCE AUTHORIZING JOHN FINN TO CONSTRUCT A PROJECTING SIGN NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That John Finn as the owner of the premises known as The Busted Lift Dubuque, Iowa, and legally described as N. 1/2 C.L. 3A be and they are hereby granted the revocable permit and authority to construct and maintain a sign under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City 212 Regular Session, June 5, 2000 Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: a. Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction - or maintenance of said sign and b. Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said sign sustained by any person or persons, caused by accident or otherwise to- defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of sign and to pay reasonable attorney fees therefor; and d. Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, existence, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said sign and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said sign at permittees' expense and dispose of the same, and the permittee shall have no clairn against the City or its agents for damages resulting from the removal of said sign. Section 5. That permittees covenant and agree that the: revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permittees hereby covenant and agree not toassert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or property damage against the permittees arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to John Finn when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 47- 00 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 47-00, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and ' agreements therein contained to be performed by permittees. By/s/ Kathy Farrettfor John Finn Title: Manager, The Busted Lift Dated: 5/18/00 Published officially in the Telegraph Herald newspaper. this 12th day of June, 2000. Jeanne F. Schneider, City Clerk 1t6/12 Michalski moved that the requirement that a proposed Ordinance be considered and votedon for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7-0. City Manager recommending approval of a construction ordinance to allow the Bluff Street Neighborhood Regular Session, June 5, 2000 213 Association to construct and maintain planters in the public right-of-way, presented and read. Robbins moved that the communication be received and filed. Seconded by Nicholson. Carried by the following motion. Yeas—Buol, Cline, Duggan, Markham, Nicholson, Robbins. Nays—Michalski. Michalski voiced her concern that there were too many planters and they were too close to the street Ken Kringle, President of the Bluff Street Neighborhood Assn., spoke in favor of the plan. An Ordinance Authorizing Bluff Street Neighborhood Association to construct planter placement, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 48-00 AN ORDINANCE AUTHORIZING BLUFF STREET NEIGHBORHOOD ASSOCIATION TO CONSTRUCT PLANTER PLACEMENT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Bluff Street Neighborhood Association as the owner of the premises known as 4th, 5th, and Bluff Streets, Dubuque Iowa, and legally described as 4'", 51n, and Bluff Streets be and they are hereby granted the revocable permit and authority to construct and maintain planters under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressed conditioned on permittees' agreement to: a. Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said planters; and b. Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said planters sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of planters and to pay reasonable attorney fees therefor; and d. Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said planters and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said planters at permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said planters. Section 5. That permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or property damage against the permittees arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to the Bluff Street Neighborhood Association when this Ordinance has been adopted by the 214 Regular Session, June 5, 2000 City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorizedand directed to file at permittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 48-00 I (We), the undersigned having read and being familiar with the terns and conditions of Ordinance No. 48-00, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. By: /s/ Ken Kringle Title: President, Bluff Street Neighborhood Assn. Date: June 5, 2000 Published officially in the Telegraph Herald newspaper this 12th day of June, 2000. Jeanne F. Schneider, City Clerk 1t 6/12 Robbins moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Carried by the following vote: Yeas—Buol, Cline, Duggan, Markham, Nicholson, Robbins. Nays—Michalski. City Manager recommending that the City submit written comments to the Iowa Utilities Board advocating a °geographic split' relief plan, presented and read. Nicholson moved that the communication be received and filed and concurred with the recommendation. Seconded by Buo1. Motion carried 7-0. City Manager recommending approval of the Fiscal Year 2001 Community Partnership Program funding awards, presented and read. Michalski moved that the communication be received and tiled. Seconded by Robbins. Motion carried 7-0. RESOLUTION N0.249-00 RESOLUTION AUTHORIZING THE AWARD OF COMMUNITY PARTNERSHIP PROGRAM (cp2) FUNDS FOR FISCAL YEAR 2001. 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 viable urban community through the provision of decent housing, a suitable living environment and expanded economic opportunities for its residents, particularly those persons of low and moderate income; and Whereas, the Community Partnership Program (cp2) was developed in the City of Dubuque in response to the national goals and objectives of the CDBG program; and Whereas, guidelines for the implementation of the Community Partnership Program (cp2) were approved and amended by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby awards Community Partnership Program (cp2) monies to the following organizations. The award shall consist of a grant to the organization for the identified projects and shall be for the amount noted below: St. Mark's Community Center Computer Programs for Neighborhoods $ 10,271 Boys and Girls Club Educational & Social Program $ 22,714 Dub County Historical Society Handicap Ramp for Discovery Center Ramp $ 26,464 Hillcrest Family Services Building Community $ 44,619 Ecumenical Housing Handicap Accessibility $ 5,912 Total $110,000 Section 2. That the City Manager be and he is hereby authorized to develop and execute contracts with representa- tives from the aforementioned organizations in accordance with the program guidelines established for the Community Partnership Program and with the regulations of the Community Development Block Grant Program. Section 3. That upon execution of said contracts, the City Manager is hereby authorized and directed to disburse program funds in support of Regular Session, June 5, 2000 215 the approved projects and in accordance with the termsand conditions established in said contracts. Passed, approved and adopted this 5" day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. City Manager submitting documents providing for initiation of the bidding process for the Five Flags Center Arena Seat Replacement Project, presented and read. Robbins moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 250-00 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 FIVE FLAGS CENTER ARENA SEAT REPLACEMENT PROJECT, in the estimated amount of $350,000, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 5th day of June, 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. 251-00 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval onthe proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the FIVE FLAGS CENTER ARENA SEAT REPLACEMENT PROJECT, NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 5th day of July, 2000, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than fourdays nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement Passed, approved and adopted this 5th day of June, 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. 252-00 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the FIVE FLAGS CENTER ARENA SEAT REPLACEMENT PROJECT is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of theimprovementsherein provided, to be published in a newspaper. having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 200 p.m. on the 22nd day of June, 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 5th day of July, 2000. Passed, approved and adopted this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending that a public hearing be set for June 19, 2000 to consider a petition to vacate Monroe Avenue, presented and read. Michalski moved that the 216 Regular Session, June 5, 2000 communication be received and filed. Seconded by Robbins. Motion carried 7-0. .. RESOLUTION NO. 253-00 RESOLUTION - OF INTENT TO DISPOSE OF CITY INTEREST IN LOTS C, D, E, AND F OF MAPLE LEAF ADDITION NO. 2, DUBUQUE, IOWA Whereas, Ken Birch has requested the vacating of Monroe Avenue (a/k/a Louise Lane); and Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of Monroe Avenue (a/k/a Louise Lane) and assigned lot numbers thereto, which hereinafter shall be known and described as Lots C, D, E, and F of Maple Leaf Addition No. 2 in. the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Monroe Avenue (aka Louise Lane) is no longer required for public use, except for utility easements as noted, and vacating and sale of said portions of alleys and streets known as Lots C, D, E, and F of Maple Leaf Addition 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 intends to dispose of its interest in Lots C, D, E, and F of Maple Leaf Addition No. 2 in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot C to Robert Fuerst and be contingent upon the payment of $100.00, Lot D to Ken Birch and be contingent upon the payment of $100.00, and Lots E and F to Janet Balk upon the payment of $400.00, plus platting, publication 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, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lots C, D, E, and F of Maple Leaf Addition No. 2. 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 5th day of June, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 254-00 RESOLUTION APPROVING PLAT OF PROPOSED VACATED MONROE AVENUE (A/K/A LOUISE LANE) Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated May 5, 2000, prepared by IIW Engineers & Surveyors, P.C., describing the proposed vacated portion of Monroe Avenue (a/k/a Louise Lane); and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated May 5,. 2000, prepared by IIW 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 itself a perpetual easement including the right 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 electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lots C, D, E; and F of Maple Leaf Addition No. 2. 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 5th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. An Ordinance Vacating Monroe Avenue (a/k/a Louise Lane), presented and read. Regular Session, June 5 2000 217 (OFFICIAL PUBLICATION) ORDINANCE NO. 49-00 ORDINANCE VACATING MONROE AVENUE (A/K/A LOUISE LANE) Whereas, Ken Birch has requested the vacating of Monroe Avenue (a/k/a Louise Lane); and Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of Monroe Avenue (a/k/a Louise Lane) and assigned lot numbers thereto, which hereinafter shall be known and described as Lots C, D, E, and F of Maple Leaf Addition No. 2 in the City of Dubuque, Dubuque County, Iowa; Whereas, the City Council of the City of Dubuque, Iowa has determined that Monroe Avenue (aka Louise Lane) is no longer required for public use, except for utility easements as noted, and vacating of said portions of Monroe Avenue (a/k/a Louise Lane) known as Lots C, D, E, and F of Maple Leaf Addition 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 real estate described as Lots C, D, E, and F of Maple Leaf Addition No. 2 in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, far the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by. the City of Dubuque, Iowa, as shown on the Plat of Survey of Lots C, D, E, and F of Maple Leaf Addition No. 2. Passed, approved and adopted this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest. Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 12th day of June, 2000. Jeanne F. Schneider, City Clerk 1t 6/12 Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7-0. City Manager submitting documents providing for initiation of the bidding process for the City Hall Interior Work Project, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 255-00 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 City Hall Remodeling - Interior Work, in the estimated amount of $190,272.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 5th day of -June, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 256-00 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the City Hall Remodeling - Interior Work. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA That on the 5th day of July, 2000, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, 218 Regular Session, June 5, 2000 specifications, contract, or estimated cost of the improvement Passed, adopted and approved this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 257-00 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Hall Remodeling - Interior Work is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of thesecurity to accompany each bid shall be in an amount which shall conform to the provisions of the notice tobidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 27th day of June, 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 5th day of July, 2000. Passed, adopted and approved this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. City Manager submitting documents providing for initiation of the bidding process for the City Hall Exterior Work Project, presented and read. Robbins moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 258-00 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 City Hall Remodeling Exterior Work, in the estimated amount of $192,692.00, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 5th day of June, 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. N0.259-00 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the City Hall Remodeling - Exterior Work NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 5th day of July, 2000, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 5th day of June, 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. 260-00 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Hall Remodeling - Exterior Work is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an Regular Session, June 5, 2000 219 amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 27th day of June, 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 5th day of July, 2000. Passed, approved and adopted this 5th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. City Manager submitting documents providing for initiation of the bidding process for the construction of a parking lot at Third and Main Streets, presented and read. Robbins moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 261-00 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 Parking Lot Project - Third & Main Streets, in the estimated amount of $50,134.57, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 5th day of June, 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. 262-00 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Parking Lot Project - Third and Main Streets. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 5th day of July, 2000, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium, at which time interested persons may appear and be heard for or against the proposed plans and - specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement Passed, approved and adopted this 5th day of June, 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. 263-00 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Parking Lot Project - Third & Main Streets is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 22nd day of June, 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 5th day of July, 2000. Passed, approved and adopted this 5th day of June, 2000. 220 Regular Session, June 5, 2000 Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Approved4.7021-49-7/2000 Robbins moved adoption of the resolution. Seconded by Nicholson. Adopted? c-5 a/'c-/ 2000 Motion carried 7-0. At 8:32 P.M. Nicholson move to go into Closed Session re: Purchase of Real Estate (Iowa Code §21.5(1)(j). Seconded by Michalski. Motion carried 7-0. At 9:16 P.M. Council reconvened Regular Session with .statement that Staff had been given proper direction. There being no further business, Cline moved to adjourn. Seconded by Michalski. Motion carried 7-0. The meeting adjourned at 9:17 P.M. /s/ Jeanne F. Schneider City Clerk Special Session, June 12, 2000 221 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, June 12, 2000 Council met at 4:15 P.M., at the DAIDC Spec Building, 7425 Chavenelle Road Present Mayor Duggan, Council Members Buol, Markham, Michalski, Nicholson, Robbins, City Manager, Michael Van Milligen. Absent Council Member Cline. Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of conducting the annual evaluation of the City Manager. At 4:15 RM. Michalski moved to go into Closed Session in accordance with Ch. 21.5.1(1) 1999 Code of Iowa: 1) To evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation, (Note: That individual must request a Closed Session.) Seconded by Buol. Motion carried 6-0, City Manager evaluation in accordance with Ch. 21.5.1(1) — The individual has requested a dosed session. At 5:04 P.M. Council reconvened Regular Session with statement that Staff had been given proper direction. There being no further business, Bud moved to adjourn the meeting. Seconded by Markham. Motion carried 7-0. The meeting adjourned at 5:05 P.M. /s/ Jeanne F. Schneider City Clerk Approve -to/ ✓ ' 4/- 2000 2000 Adopted . _ ✓ ' ' l/ //A✓ it Y° . thlau- Q .ice✓V Jter. //L - . ../ Counci 'f embers _ Attest: ty Clerk 222 Regular Session, June 19, 2000 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, June 19, 2000 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present Mayor Duggan, Council Members - Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the regularsession of the City Council called for the purpose of acting upon such business which may properly come before the City Council. Invocation was given by Father Scott Bullock, Director of Seminarians, Archdiocese of Dubuque. Minutes Submitted: Airport Commission of 4/24 and 5/31; Civil Service Commission of 523; Community Development Advisory Commission of 5/16; Historic Preservation Commission of 5/18; Housing Commission of 4/13; Long Range Planning Advisory Commission of 5/17; Transit Board of 5/11; Zoning Advisory Commission of 5/3, presented and read. Michalski moved that the minutes be received and filed. Seconded by Nicholson. Motion carried 7-0. Acting Finance Director Gerald Hird submitting the Finance Reports for month ending May 31, 2000, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Notice of Claims/Suits: Joseph Hickson in undetermined amount for vehicle damage; R.D. McDonald in estimated amount of $1,065.30 for property damage; Aimee Wagner in estimated amount of $691.24 for vehicle damage; Craig and Deb Wurdinger in estimated amount of $500.00 for vehicle damage, presented and read. Michalski moved that the claims and suits be referred to the Legal Dept. for investigation and report. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel recommending that the claim of Linda M. Federonich for personal injuries be referred to Portzen Construction for processing and the claim of Rhonda Switzer for vehicle damages be referred to Conlon Construction, presented and read. Michalski ` moved that the communications be received and filed and - concurred with the recommendations. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel recommending denial of the towing expense reimbursement claim of Diana Jean Grob and the motorcycle damage claim of Chuck Minnick, presented and read. Michalski moved that the communication be received and filed and concurred with the recommendation. Seconded by Nicholson. Motion carried 7-0. Katie Gustafson submitting her resignation from the Environmental Stewardship Advisory Commission, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Housing Services Manager David Harris advising that Jane Steele has submitted her resignation from the Housing Commission, and Ruth Clark has submitted her resignation from the Housing Trust Fund Committee, presented and read. Michalski moved that the communications be received and filed. Seconded by Nicholson. Motion carried 7-0. Planning Services Manager Laura Carstens advising of the resignation of Greg Yoko from the Zoning Board of Adjustment and Jeff Stiles' resignation as the Zoning Advisory Commission liaison to the Long Range Planning Advisory Commission, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. City Manager recommending adopting of Supplement No. 45 to the Code of Ordinances, presented and read. Regular Session, June 19, 2000, 223 RESOLUTION NO. 264-00 ADOPTING SUPPLEMENT NO. 45 TO THE CODE OF. ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of July 17, 1989, the City Council, pursuant to Ordinance No. 34-89, readopted the Code of Ordinances of the City of Dubuque, Iowa for ordinances adopted up to and including December 19, 1988; and Whereas, since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Ordinances provides that supplements by resolution, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1. That Supplement No. 45 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances through Ordinance No. 34-00 enacted through April 3, 2000 and prepared by the Sterling Codifiers, Inc, Weiser, ID hereto filed in the Office of the City Clerk of the City of Dubuque, Iowa be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0, Request of Richard Stoffel, 14020 North Cascade Road, to subdivide an existing lot into three lots, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson, Motion carried 7-0, RESOLUTION NO. 265-00 RESOLUTION APPROVING THE FINAL PLAT OF STOFFEL ACRES SUBDIVISION IN DUBUQUE COUNTY, IOWA Whereas, said plat provides 0 feet of frontage for Lots 2 and 3, where 60 feet is required by Section 42-19 (b) Subdivision Regulations; and Whereas, there has been tiled with the City Clerk a final plat of Stoffel Acres Subdivision in Dubuque County; and Whereas, said plathas been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1. That Section 42-19 (b) of the Subdivision Regulations is waived to allow Lots 2 and 3 to have 0 feet of frontage, where 60 feet is required, Section 2. That the final plat of Stoffel Acres Subdivision is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. Passed, approved and adopted this 19th day of June, 2000. . Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Request of City of Dubuque Community and Economic Development Department for approval of the final plat of Lots 1, 2, A, B & C of South Fork Industrial Subdivision No. 1, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 266-00 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1, 2, A, B AND C OF SOUTH FORK INDUSTRIAL SUBDIVISION NO. 1 Whereas, there has been filed with the City Clerk the final plat of Lots 1, 2, A, B and C of South Fork Industrial Subdivision No. 1, in the City of Dubuque, Iowa; and Whereas, uponsaid final plat appears existing streets known as Cottingham Road (Lot A), Seippel Road (Lot B), and the westerly half of Cousins Road (Lot C), together with certain public utility and sanitary sewer easements which the owners by said final plat have dedicated to the public forever, and Whereas, said final plat has been reviewed by the Zoning Advisory Commission and had their approval endorsed thereon, subject to the 224 Regular Session, June 19, 2000 owners agreeing to the conditions noted in Section 2 below, and Whereas said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF. DUBUQUE, IOWA: Section 1. That the dedication of a portion of Cottingham Road (Lot A), Seippel Road (Lot 8)1 and the westerly half of Cousins Road (Lot C), together with easements for public utilities and sanitary sewer main as they appear upon said final plat, be and the same is hereby accepted; and Section 2. That the Final Plat of Lots 1, 2, A, B and C of South Fork Industrial Subdivision No. 1 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa,upon said final plat. Passed, approved and adopted this 19th day of June, 2000. Terrance M. Duggan, Mayor Attest: Jeanne. F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Request of Ron Smith to replat the property line between Mount Calvary Cemetery and Loras Estates Subdivision, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 267-00 RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT 1 AND LOT A LORAS ESTATES NO. 2 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a plat of survey of Lot 1 and Lot A Loras Estates No. 2 in the City of Dubuque, Iowa; and Whereas, said plat provides 0 feet of frontage for Lot 1, where 60 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 has its approval endorsed thereon; and Whereas, said survey plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 to have 0 feet of frontage, where. 60 feet offrontage is required. Section 2. That the plat ofsurvey of Lot 1 and Lot A Loras Estates No. 2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat Passed, approved and adopted this 19th day of June, 2000. Terrance. M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski movedadoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Request of Julien Nemmers to approve the Minor Final Plat. of Cedar Ridge Farm Place No. 3, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 268-00 RESOLUTION APPROVING THE FINAL PLAT OF CEDAR RIDGE FARM PLACE NO. 3 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a final plat of Cedar Ridge Farm Place No. 3 in the City of Dubuque, lowa; and Whereas, .upon said final plat appears an existing street known as Cedar Cross Road (Lots A and B) together with certain public utility and sanitary sewer and storm sewer easements which the owners by said final plat have dedicated to the public forever; and Whereas, said plat provides 0 feet of frontage for Lot 1, where 60 feet is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, said final plat has been reviewed by the Zoning Advisory Commission its approval endorsed thereon, and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Cedar Cross Road (Lots A and 8), together with easements for public utilities, sanitary sewer and storm sewer as they appear upon said final Regular Session, June 19, 2000 225 plat, be and the same are hereby accepted; and Section 2. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 to have 0 feet of frontage, where 60 feet of frontage is required. Section 3. That the final plat of Cedar Ridge Farm Place No. 3 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat Passed, approved and adopted this. 19th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 268-00 I, the undersigned, Julian Nemmers, representing Nemmers Cedar Ridge Farm Limited Partnership, having read the terms and conditions of the Resolution No. 268-00 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated this 20th day of June, 2000. By /s/ Julian Nemmers Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Request to subdivide property located east of BMR Lane on the north side of Humke Road into six single family lots, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 269-00 RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THRU 6, INCLUSIVE, OF PARADISE HEIGHTS SUBDIVISION IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Lots 1 thru 6, inclusive, of Paradise Heights Subdivision, in Dubuque County, Iowa; and Whereas, said plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1. That the Final Plat of Lots 1 thru 6, inclusive, of Paradise Heights Subdivision, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said subdivision plat. Section 2. That the City Council hereby waives Article IV, Design and Improvement Standards, of the Subdivision Regulations, except Section 42-19, Lots and Blocks. Passed, approved and adopted this 19th day of June, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of the Final Plat of Lots 1 thru 27, inclusive, Lots A, B, and C, of Embassy West No. 3, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 270-00 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THRU 27, INCLUSIVE, LOTS A, B AND C OF EMBASSY WEST NO. 3 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a final plat of Lots 1 thru 27, Inclusive, Lots A, B and C of Embassy West No. 3 in the City of Dubuque, Iowa; and Whereas, upon said final plat appears, streets to be known as Red Violet Drive (Lot A) and Samantha Drive (Lot B ), together with certain public utility and sewer easements and storm water detention facility (Lot C), which the owners by said final plat have dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed. 226 Regular Session, June 19, 2000 NOW, THEREFORE, BE IT RESOLVED BY THE CIN COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Red Violet Drive (Lot A) and Samantha Drive (Lot B) and storm water detention facility (Lot C) together with the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said finalplat, be and the same are hereby accepted; and Section 2. That the a final plat of Lots 1 thru 27, Inclusive, Lots A, B and C of Embassy West No. 3 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce Red Violet Drive (Lot A) and Samantha Drive (Lot B) to grade and to construct concrete curb and gutter and to hardsurface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. b. To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications, - all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer,and inspected by the City Engineer. c. To construct a storm water detention facility in a manner acceptable to the City Engineer on Lot C of Embassy West No. 3 in accordance with the improvement plans and City of Dubuque Standard Specifications approved by the City and inspected by the City Engineer, and maintain said detention facility until 80 percent of the sum of the platted lots are fully developed and the remaining 20 percent of said lots have installed adequate erosion control measures as approved by the City Engineer. d. To construct erosion control measures in the drainage swale in Lots 17 through 24 in a manner acceptable to the City Engineer in accordance with the improvement plans and City of Dubuque Standard Specifications approved by the City and inspected by the City Engineer. e. To construct said improvements prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owners. f. To maintain the public improvements for a period of two (2) years from the date of acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owners or future owners. And further provided that said Moore Development, Ltd. as owners of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. Sidewalk installation shall be the responsibility of the owner abutting the public rights-of-way, including lots with multiple frontages, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. Section 4. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 5. That maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lot C) shall be assessed against Lots 1 through 27 in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with an in the same manner as general property taxes in accordance with provisions of law. Regular Session, June 19, 2000 227 Section 6. That in the event Moore Development, Ltd. shall fail to execute the acceptance and furnish the guarantees provided in Section 2. hereof within 180 days after the date of this Resolution, theprovisionshereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 19th day of June, 2000. Terrance M. Duggan, .Mayor Attest Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval to submit a Recreational Trails Grant to IDOT for funding of the Heritage Trail Extension: Heron Pond to Greyhound Park Road, presented and read. Michalski moved that the communication be received and filed Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 271-00 RESOLUTION AUTHORIZING A GRANT APPLICATION FOR IOWA DEPARTMENT OF TRANSPORTATION RECREATIONAL TRAIL FUNDS FOR THE HERITAGE TRAIL EXTENSION FROM THE HERON POND WETLANDS NATURE TRAIL TO GREYHOUND PARK ROAD. Whereas, the Iowa Department of Transportation (IDOT) has Recreational Trail funds available to develop recreational trails in cities, and Whereas, the City of Dubuque has adopted a Comprehensive Plan and a Riverfront Plan that include goals for development of bike/hike trails; and Whereas, the City of Dubuque has adopted the Heritage Trail Master Plan that includes the extension of Heritage Trail from the Heron Pond Wetlands Nature Trail to Greyhound Park Road, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Planning Services Manager is hereby authorized to sign and submit this application for Recreational Trails funds to the IDOT for the extension of Heritage Trail from the Heron Ponds Wetland Nature Trail to Greyhound Park Road, on behalf of the City, Section 2, That the City of Dubuque agrees to adequately maintain the trail for its intended use and maintain the total trail used to justify the project in public use for a minimum of 20 years following project completion. Passed, approved and adopted this 19th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Submittal of the Ninth Amendment to the City Manager's Employment Agreement for approval, presented and read. Michalski moved that the communication be received and filed and Amendment approved. Seconded by Nicholson. Motion carried 7-0. Library Director Tom Moran submitting `A Study of Public Library Governance and Funding Options in Dubuque County, Iowa," presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. City Manager recommending submittal of an application to HUD for funding of the Mainstream Program, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 272-00 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION TO PARTICIPATE IN THE SECTION 8 HOUSING MAINSTREAM PROGRAM Whereas, the City of Dubuque recognizes the continuing unmet need for provision of assisted housing to the City's qualifying disabled families; and Whereas, the City has continuousty provided housing assistance to Section 8 Housing Program tenants, since 1976; and Whereas, the U.S. Department of Housing and Urban Development has made funding available to encourage municipalities to implement innovative programs promoting the economic independence of lower-income families, through cooperating efforts of the public and private sectors; and Whereas, and in accordance with Section 403A.5 of the Iowa Code which states *A municipality or a 'Municipal Housing Agency' may not proceed with a housing project until a study or a report and recommendation on housing 228 Regular Session, June 19, 2000 availablewithin the community is made public by the municipality or agency and is included in its recommendation for a housing project. Recommendations must receive majority approval from the local governingbody before proceeding on the housing project° AND IN ACCORDANCE WITH Section 213(c) of the Housing and Community Development Act of 1974, which states in part that it must be determined whether or not there is a need for such housing assistance, taking into consideration any applicable State or area wide housing assistance plan as well as generally available data with respect to population, poverty, housing over -crowding, housing vacancies and substandard housing. An application may be approved only - if this determination is in the affirmative; and Whereas, this application is consistent with the Comprehensive Housing Affordability Strategy and Consolidated Plan for the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. The City of Dubuque has determined there is a need for additional housing assistance for persons with disabilities and is knowledgeable of the status of available housing within the City as required by Iowa Code and that majority approval of the proposed housing activity within the City's jurisdiction is hereby granted. Section 2. This resolution is intended to serve as the City of Dubuque's final notice to the U.S. Department of Housing and Urban Development of such approval and that no additional comment will be made by the. City of Dubuque on this matter. Section 3. The City of Dubuque Housing Commission has reviewed and approved the proposed program application. Section 4. The Mayor is authorized and directed to execute an application to the U.S. Department of Housing and Urban Development for participation in the Section 8 Housing Mainstream Program. Section 5, The City Manager is hereby authorized and directed to forward said application and resulting standard executed contract to the respective agencies in a timely fashion and as required by the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 19th day of June, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval to submit two pre -applications to the Iowa Department of Economic Development - for Local Housing Assistance Program funds, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 273-00 A RESOLUTION AUTHORIZING AN APPLICATION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR LOCAL HOUSING ASSISTANCE PROGRAM FUNDS Whereas, the Iowa Department of Economic Development has published notice of availability of funds under the Local Housing Assistance Program (LHAP); and Whereas, the Department of Economic Development is encouraging municipalities to promote housing assistance programs which address unmet needs and complement current and planned programs of economic development; and Whereas, the Consolidated Plan for the City of Dubuque includes the objectives of promoting homeownership opportunities for low - and moderate -income households, elimination of slum and blight and public and private investment in revitalization of downtown neighborhoods; and Whereas, the Housing Services Department has for the past two years successfully administered a homebuyer assistance program for moderate -income families funded through an LHAP award received from the Department of Economic Development; and Whereas, the Housing Trust Fund Committee and Housing Commission have reviewed the proposed applications for moderate -income household home purchase assistance and for construction of affordable new condominium homes for low-income households.. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Regular Session, June 19, 2000 229 Section 1. The Mayor is hereby authorized to execute this resolution in support of two applications to the Department of Economic Development for Local Housing Assistance Program funds, to assist in provision of home purchase assistance to low -and moderate -income households. Section. This resolution shall take effect immediately. Passed, approved and adopted this 19th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of a contract with the U.S. Department of Housing and Urban Development (HUD) for renewal of expiring Section 8 Moderate Rehabilitation Program annual contributions contracts, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 274-00 RESOLUTION AUTHORIZING EXECUTION OF A RENEWAL ANNUAL CONTRIBUTIONS CONTRACT FOR SECTION 8 MODERATE REHABILITATION PROGRAM CONTRACTS NUMBERS IA0870001/0014; AND IA087MR0002/0022 Whereas, contracts for certain programs under Annual Contributions Contracts for Section 8 Programs are periodically scheduled for expiration; and Whereas, the US Department of Housing and Urban Development extends these funding commitments through the offering of amended consolidated contracts, extensions or renewal contracts; and Whereas, the Department requires execution of this contract for the City's continued administration of these funds for the above -referenced programs, NOW, THEREFORE, BE rr RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a renewal Annual Contributions Contract, with the US Department of Housing and Urban Development, for Project Numbers IA087MR0001/0014; and IA087MR000210077, under Master Annual Contributions Contract No KC - 9004 -E, on behalf of the City of Dubuque. Section 2. This resolution shall take effect immediately. Passed, approved and adopted this 19th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of an agreement with Mercy Medical .Center to provide employee assistance program services, presented and read. Michalski moved that the communication be received and filed and concurred with the recommendation. Seconded by Nicholson. Motion carried 7-0. City Manager recommending a contract with Conventions, Sports and Leisure International to update the Dubuque Convention Center Study that was completed in December 1998, upon motion received and filed and concurred with the recommendation. City Manager recommending that the Police Department towing contract with Wenzel Towing be renewed for an additional three years, presented and read. Michalski moved that the communication be received and filed and concurred with the recommendation. Seconded by Nicholson. Motion carried 7-0. Request of the Dubuque Jaycees to transfer their liquor license from the Town Clock Plaza to the northeast comer of the Iowa Street Parking Ramp as a rain site for Dubuque and All That Jazz from June 16 through September 5, 2000, presented and read. Michalski moved that the communication be received and filed and request approved, Seconded by Nicholson. Motion carred 7-0. RESOLUTION NO. 275-00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 230 Regular Session; June 19, 2000 38 RENEWALS 16th St Auto Truck Plaza Muigrew Oil Co. 1215 E. 16th St A & B Tap Vickie Willis 2600 Central Ave Arby's Q -Mart Arcon, Inc. 10 Main St Asbury Amoco Foodshop Mulgrew Oil Co. 3300 Asbury Rd Best Western Dubuque Inn Dubuque Inn Corp 3434 Dodge St Cedar Cross Amoco L B Metcalf, Inc 1200 Cedar Cross Clubhouse Melvin Spiegelhalter 2364 Washington Cue Master Billiards 900 Central Ave 900 Central Diamond Jo Casino Peninsula Gaming Com. Ice Harbor Diamond Jo Portside Peninsula Gaming Com. 3rd St Dubuque. Greyhound Park Dubuque Racing Assoc 1855 Greyhound Pr Fat Tuesday's Richard Hirsch III 1121 University Ave Fratemal Order of Eagles Fraternal Order of Eagles 1175 Century Dr Econofoods #471 Nash Finch Co. 3355 JFK Rd Galaxies Pub Galaxies Corp 3203 Jackson St Hy -Vee #1 Hy -Vee Inc. 3500 Dodge St Hy -Vee #2 Hy -Vee Inc. 4800 Asbury Rd Instant Replay Pamela Arensdorf 1602 Central Ave JFK Amoco Foodshop Mulgrew Oil Co 1701 JFK Rd Jym's Bar Jymie Lyons 1700 Central Ave Knickers Saloon Curtis Gerhard 2186 Central Ave Kwik Stop Rainbo Oil Co. 4039 Pennsylvania Kwik Stop Rainbo Oil Co. 2320 Hwy 61 Kwik Stop Rainbo Oil Co. 2390 Central Ave Kwik Stop Rainbo Oil Co. 2255 Kerper Blvd Kwik Stop Rainbo Oil Co. 2297 University Ave Kwik Stop Rainbo Oil Co. 280 Locust St Kwik Stop Rainbo Oil Co. 1401 Central Ave Kwik Stop Rainbo Oil Co. 1685 JFK Rd Liquor Depot of Dubuque Express Depot Inc 1620 JFK Rd Loras Amoco Foodshop Mulgrew Oil Co 1450 Loras Blvd Murph's South End Tap Pamela J. Murphy 55 Locust St Noonan's Tap Mary. Lou Kamp 1618 Central Ave Oky Doky Foods #15 Nancy Ginter 1101 Rhomberg Paul's Tavern Tom Koch 176 Locust St Ten Pin Tap Dolores G. Weber 601 Rhomberg Ave Tri-State Goff Center Tri-State Golf Center Inc 1095 Cedar Cross White House Tavern David Hoffman 450 W Locust Passed, approved and adopted this 19th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 276-00 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS °B" BEER PERMIT Prospect Pia, Inc Pizza Hut # 1+(Sunday Sale) 2075 JFK Rd Prospect Pizza, Inc. Pizza Hut # 2+(Sunday Sale) 320 E. 20th St CLASS "C" BEER PERMIT Hy -Vee Inc Hy -Vee # 1+ (Sunday Sale) 3500 Dodge St Passed, approved and adopted this 19th dayJune,2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 277-00 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 Regular Session, June 19, 2000 231 occupied by such applicants were inspected and found to comply with the State Laws and- all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS 'C'(COMMERCIAL) BEER/LIQUOR LICENSE Pamela Murphy Murph's South End Tap 55 Locust St Dubuque American Legion American Legion Post #6+ (Sunday Sale) 1306 Delhi St Riverside Bowl, Inc Riverside Bowl+(Sunday/Outdoor Sale) 1800 Hawthorne St Tom Koch, Inc. Paul's Tavem+ (Sunday Sale) 176 Locust St Jymie Lyons Jym's Bar+ (Sunday Sale) 1700 Central Ave Creslanes Bowling Creslanes Bowling+ (Sunday Sale) 255 5. Main St Peninsula Gaming Com. Diamond Jo Portside+(Sunday/Outdoor Sale) 400 E 3rd St CLASS'C(SPECIAL) BW BEERPMNE LICENSE Four Season Buffet Inc, Four Season Buffet+(Sunday Sale) 3305 Asbury Rd CLASS'WB' WINE PERMIT Creative Touch Gallery, Inc, Ooh La La 3460 Hillcrest Rd Hy -Vee Inc Hy -Vee # 1 3500 Dodge St Passed, approved and adopted this 19th day of June, 2000, Terrance M, Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council to express their desire to serve on the following Boards/Commissions: CIVIC CENTER COMMISSION, Applicants: Gary Dolphin, Cynthia A. Fuller. No one spoke, HOUSING COMMISSION, Applicants: David J, Kapler, Dan Tepty, Mr, Kapler and Mr. Tepty both spoke requesting consideration for appointment TRANSIT BOARD OF TRUSTEES. Applicant Harry J, Bemis, No one spoke, TV CABLE REGULATORY COMMISSION, Applicant Charlie Ellis, No one spoke. APPOINTMENTS to the following Boards/Commissions: HISTORIC PRESERVATION COMMISSION. Applicants: Kenneth C. Kringle (Cathedral District); Jim Gibbs, Alfred S. Smemo, Joseph Ungs (At - Large). Michalski moved that Kenneth C. Kringle be reappointed to the Cathedral District position for a three year term which will expire 7-1-03. Seconded by Markham. Motion carried 7-0. Vote on the At Large appointment was as follows: Buol voted for Gibbs. Cline voted for Gibbs. Duggan voted for Gibbs. Markham voted for Gibbs. Michalski voted for Gibbs. Nicholson voted for Gibbs. Robbins voted for Gibbs. Therefore, Jim Gibbs reappointed to a three year term which will expire 7-1-03. LONG RANGE PLANNING ADVISORY COMMISSION. Applicants: Chris Curfman, Dr. Mary Lynn Neumeister, Rick Stein. Vote on the appointment was as follows: Buol voted for Neumeister and Stein. Cline voted for Neumeister and Stein. Duggan voted for Neumeister and Stein. Markham voted for Neumeister and Stein. Markham voted for Neumeister and Stein, Michalski voted for Neumeister and Stein. Nicholson voted for Neumeister and Stein. Robbins voted for Neumeister and Stein. Therefore, Mary Lynn Neumeister and Rick Stein reappointed to three year terms which will expire 7-1-03. PARK AND RECREATION COMMISSION. Applicants: Kim Daykin, Chuck Duggan, Gary Harjehausen, Robert C. Timmerman. Vote on the appointments was as follows: Buol voted for Daykin and Duggan. Cline voted for Daykin and Timmerman. Duggan voted for Daykin and Duggan. Markham voted for Duggan and Timmerman. Michalski voted for Daykin and Duggan. Nicholson voted for Daykin and Harjehausen. Robbins voted for Daykin and Duggan. Therefore, Kim Daykin reappointed and Chuck Duggan appointed to three year terms which will expire 6-30-03. ZONING ADVISORY COMMISSION. Applicants: Stephen F. Hardie, Ferd Nester, Robert W. Nagle, Michael F. Portzen. Vote on the appointments was as follows: Buol voted for Hardie and Nester. Cline voted for Hardie and Nagle. Duggan voted for Hardie and Nagle. Markham voted for Hardie and Nester. Michalski voted for Hardie and Portzen. Nicholson voted for Hardie and Nagle. Robbins voted for Hardie 232 Regular Session, June 19, 2000 and Nagle. Therefore, Stephen F. Hardie reappointed and Robert Nagle appointed to three year terms which will expire 7-1-03. Michalski moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Robbins. Motion carried 7-0. Proofs of publication on notice of hearing to consider rezoning property located on East 12th Street adjacent to Highway61/151 from POS Public Open Space District to MHI Modified Heavy Industrial District, and Communication of Long Range Planning Commission supporting the A.Y. McDonald rezoning, presented and read. Buol moved that the proofs and communication be received and filed. Seconded by Robbins. Motion carried 7-0. Attorney Steve Juergens representing A. Y. McDonald Mfg. Co., spoke in support of the rezoning. An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of. Ordinances by reclassifying hereinafter described property located north of East 12th Street and east of Highway 61/151 from POS Public Open Space to MHI Modified Heavy Industrial District, with first and second readings given on 5/15/00, now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 50-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NORTH OF EAST 12TH STREET AND EAST OF HIGHWAY 61/151 FROM POS PUBLIC OPEN SPACE TO MHI MODIFIED HEAVY INDUSTRIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from POS Public Open Space to MHI Modified Heavy Industrial District, to wit Lot 1 of Lot 1 of A. Y. McDonald Manufacturing Company Place, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewedby the Zoning Advisory Commission of the City of Dubuque, Iowa. - Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 19th day of June, 2000 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 26th day of June, 2000. Jeanne F. Schneider, City Clerk 1t 6/26 Buol moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7-0. Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids for the 2000 PC Concrete Paving Project --No. 2 (Burden Street and North Burden) and Communication of William R. Knudson, 641 NorthBurden Street, in opposition to the project, presented and read. Markham moved that the proofs and communication be received and filed. Seconded by Buol. Motion carried 7-0. Liz Picker, 645 N. Burden, John Snider, of 624 N. Burden, and Brian Hyde, 627 N. Burden all spoke stating the need for reconstruction of the street but against the installation of the sidewalks. William Knudson of 641 N. Burden stated the street is ok as is with proper care. Mary Mueller and Terry Mueller of 642 N. Burden spoke stating their assessment is the largest and objected to sidewalks. Jack Williams of 2824 Burden spoke questioning specifics. of the sewer design, the removal of trees and recommended the burying of power lines. Markham moved to remove the sidewalk project from the N. Burden street area only. Seconded byCline. Motion carried 7-0. RESOLUTION NO. 278-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 10th day of May, 2000, plans, specifications, form of Regular Session, June 19, 2000,,, 233 contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the 2000 PC Concrete Paving Project - No. 2 (Burden Street and North Burden). Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 19th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 279-00 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE 2000 PC CONCRETE PAVING PROJECT - NO. 2 (BURDEN STREET AND NORTH BURDEN) • Whereas, the City Council has proposed a Resolution of Necessity for the 2000 PC Concrete Paving Project - No. 2 (Burden Street and North Burden),has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA That the proposed Resolution of Necessity described above is hereby X Adopted as amended by the Schedule of Assessments attached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. Passed, adopted and approved this 19th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Buof. Motion carried 7-0. RESOLUTION NO. 280-00 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA That the 2000 PC Concrete Paving Project - No. 2 (Burden Street and North Burden) is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 22nd day of June, 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 5th day of July, 2000. Passed, adopted and approved this 19th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. Proof of publication on notice of hearing on the City's intent to dispose of property in Monroe Avenue (a/k/a Louise Lane) to Kenneth P. Birch, presented and read. Markham moved that the proofs be received and filed. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 281-00 RESOLUTION DISPOSING OF CITY INTEREST IN MONROE AVENUE (A/K/A LOUISE LANE), DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 9th day ofJune, 2000, the City Council of the City of Dubuque, Iowa met on the 19th day of June, 2000, at 6:30 p.m. in the Public Library Auditorium, 11th and Locust, 234 Regular Session, June 19, 2000 Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real estate described as: Lots C, D, E, and F of Maple Leaf Addition No. 2 in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or writtento the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot C to Robert Fuerst and be contingent upon the payment of $100.00, Lot D to Ken Birch and be contingent upon the payment of $100.00, and Lots E and F to Janet Balk and be contingent upon the payment of $400.00, plus cost of publication, platting and filing fees. Conveyance shall be by Qui Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construction, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric fines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lots C, D, E, and F of Maple Leaf Addition No. 2. Section 3. That the Mayor be authorized and directed to execute three Quit Claim Deeds, and the City Clerk be and is hereby authorized and directed to deliver said deeds of conveyance to Robert Fuerst, Ken Birch, and Janet Balk upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 19th day of June, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carried 7-0. Proofs of publication on notice of hearing on plans and specs andnotice to bidders on the receipt of bids for construction of 2000 Curb Ramp Installation Project (CDBG) and City Manager recommending to award contract for project, presented and read. Robbins moved that the proofs and communication be received and fled. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 282-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 10th day of May, 2000, plans, specifications, form of contract and estimated cost were fled with the City Clerk of Dubuque, Iowa for the 2000 Curb Ramp Installation - CDBG Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW ` THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 19th day of June, 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. 283-00 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the 2000 Curb Ramp Installation - CDBG Project pursuant to Resolution No. 217- 00 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 191° day of May, 2000. Whereas, said sealed proposals were opened and read on the 1° day of June, 2000, and it has been determined that the bid of Winger Construction of Dubuque, Iowa, in the amount of $40,869.60 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA That the contract for the above improvement be awarded to Winger Construction and the Manager be and is hereby directed to execute a contract Regular Session, June 19, 2000 235 on behalf of the City of Dubuque for the complete performance of the work BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 19th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion caned 7-0. Michalski moved to reinstate the rules limiting discussion to Council. Seconded by Robbins. Motion carried 7-0. Request of Tara Winger to address the Council. Ms. Winger spoke of problems with the City. Michalski moved that the City Manager review this and send a copy to the County Supervisors. - Seconded by Cline. Motion carried 7-0. Communication of City Manager recommending approval of a projecting sign in the public right-of-way at 113 Main Street (Inside Decor), presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Authorizing Inside Decor to construct projecting sign at 113 Main St, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 51-00 AN ORDINANCE AUTHORIZING INSIDE DECOR TO CONSTRUCT A PROJECTING SIGN AT 113 MAIN ST. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Bill Barrick and Tony Kemp, as the owners of the premises known as 101-123 Main Street, Dubuque, Iowa, and legally described as C,L, 80 be and they are hereby granted the revocable permit and authority to construct and maintain a projecting sign under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicablestate and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: a. Assumeany and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said sign; and b. Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said sign sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of sign and to pay reasonable attorney fees therefor, and d. Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, existence, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their su ess rs in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said sign and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said sign at permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said sign. Section 5. That permittees covenant and agree that the revocable permit 236 Regular Session, June 19, 2000 herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or property damage against the permittees arising out of or in any way connected with the location, installation, - construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to Bill Barrick and Tony Kemp when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 19th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO, 51-00 I, Bill Barrick and Tony Kemp, the undersigned, representing Lamar Advertising, having read and being familiar with the terms and conditions of Ordinance No. 51-00, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. By: /s/Bill Barrick By: /s/Tony Kemp Title: Owners of Property Dated: 5/25/00 Published officially in the Telegraph Herald newspaper this 26th day of June, 2000. Jeanne F. Schneider, City Clerk 1t 6/26 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by. Nicholson. Motion carried 7-0. Communication of City Manager recommending approval of a projecting sign in the public right-of-way at 1690 Elm Street (Lamar Advertising), presented and read. Robbins moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Authorizing Lamar Advertising to construct a projecting sign at 1690 Elm Street, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 52-00 AN ORDINANCE AUTHORIZING LAMAR ADVERTISING TO CONSTRUCT AN ON -PREMISE PROJECTING SIGN AT 1690 ELM STREET NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Lamar Advertising as the owner of the premisesknown as 1690 Elm St., Dubuque, Iowa, and legally described as Lots 177,178 and the N.1/2 179 of East Dubuque Addition, be and they are hereby granted the revocable permit and authority to construct and maintain an on -premise projecting sign under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: a. Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said sign; and b. Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and c. Pay on behalf of the City of Dubuque,all sums which the. City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said sign sustained by any person or persons, caused by accident or otherwise to defend at its Regular Session, June 19, 200Q.,< 237 own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of sign and to pay reasonable attorney fees therefor, and d. Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, existence, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said sign and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said sign at permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said sign. Section 5. That permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or property damage against the permittees arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to Lamar Advertising when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance, Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 19th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 52-00 I, Jim Schumacher, the undersigned having read and being familiar with the terms and conditions of Ordinance No. 52-00, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. By. /s/ Jim Schumacher Title: Marketing Manager Dated: 6/6/00 Published officially in the Telegraph Herald newspaper this 26th day of June, 2000. Jeanne F. Schneider, City Clerk 1t 6/26 Robbins moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Communication of City Manager recommending approval for construction of an awning in the public right-of-way at 1310 White Street (Brannon Monument), presented and read. Markham moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Authorizing Michael P. Brannon and Stasia L Brannon (dba Brannon Monument Co.) to construct an awning, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 53-00 AN ORDINANCE AUTHORIZING MICHAEL P. BRANNON AND STASIA L. BRANNON (dba BRANNON MONUMENT CO.) TO CONSTRUCT AN AWNING NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Michael P. Brannon and Stasia L. Brannon as the owners of the premises known as 1330-1340 White Street, Dubuque, Iowa, and .._ .........._........... 238 Regular Session, June 19, 2000 legally described as 1330-1340 White Street, be and they are hereby granted the revocable permit and authority to construct and maintain an awning under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supendsion and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: a. Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said awning; and b. Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said awning sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of awning and to pay reasonable attorney fees therefor, and d. Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, Toss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the 'location, installation, existence, construction, maintenance and repair of the facility, work or improvement. permitted herein. Section 4. That the permission herein granted is expressed conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said awning and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said awning at permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said awning. Section 5. That permittees covenant and agree that the revocable permit herein granted does not constitute any approval of the design, erection, location, construction, repair or maintenance of said facility and said permittee hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or property damage against the permittees arising out or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to Michael P. Brannon and Stasia L. Brannon when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 19th day of June, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 53-00 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 53-00 hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. Michael P. Brannon President/Owner June 8, 2000 Published officially in the Telegraph Herald newspaper this 26th day of June, 2000. Jeanne F. Schneider, City Clerk 1t 626 • Regular Session, June 19, 2000 " 239 Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of an agreement to purchase approximately 19 acres from Robert D. and Livija Klauer in Riprow Valley, contingent upon the City receiving personal guarantees for any remaining financial obligations toward the purchase of the property, Communication of Jerry Enzler, Dubuque County Historical Society, expressing their support of the Riprow Valley Park Development Project Communication of Margreet J. Ryan, President of the Dubuque Audubon Society, endorsing development of Riprow Valley; Communication/petition from the Dubuque Girls Independent Softball League expressing support for the Riprow Valley Park Development, presented and read. Buol moved that the communications be received and filed and concurred with the recommendation. Seconded by Michalski. Motion carried 7-0. City Manager recommending that a request for a demolition permit at 1672 Central be referred to the Historic Preservation Commission and that the permit be withheld for up to ninety days, presented and read. Michalski moved that the communication be received and filed and concurred with the request. Seconded by Nicholson, No vote taken on the motion. Michalski withdrew the motion, with the concurrence of Nicholson. Michalski then moved to approve the request for demolition immediately. Seconded by Nicholson. Motion carried 7-0, At 7:56 P.M. Mayor Duggan tumed control of the Meeting to Mayor Pro - Tern Nicholson due to potential conflict of interest and left the Chambers. Corporation Counsel recommending that the fair market value of certain real property owned by Plastic Center, Inc., in the Ice Harbor Urban Renewal District, be established at $1,191,500, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 284-00 ESTABLISHING FAIR MARKET VALUE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OWNED BY PLASTIC CENTER INC. WHEREAS, the City of Dubuque (City) intends to acquire certain real property owed by Plastic Center Inc. (Plastic Center) shown on Exhibit A attached hereto (the Property); AND WHEREAS, Iowa Code Chapter 6B, as amended in 2000 by House File 2528, requires that City must make a good faith effort to negotiate with Plastic. Center to purchase the Property before proceeding with condemnation; AND WHEREAS, Chapter 66 requires that City may not make an offer to purchase the Property which is less than the fair market value City has established for the Property, AND WHEREAS, City has caused an appraisal of the Property to be made and the appraised value of the Property is $ 1,191,500.00. AND WHEREAS, City now desires to establish the fair market value of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The fair market value of the Property is hereby established to be $1,191,500.00. 2. The City Manager and the Corporation Counsel are hereby directed to submit a copy of the appraisal to Plastic Center Inc. as required by Iowa Code Chapter 68 and to commence negotiations with Plastic Center for the purchase of the Property for a purchase price which is not less than the fair market value established by this Resolution. Passed, approved and adopted this 19th day of June, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Michalski. Motion carried 7-0. At 7:57 P.M. Mayor Duggan then returned to the Chambers and took control of the meeting. City Manager recommending approval of a Development Agreement with Platinum Hospitality Group, LLC, the attached land lease, Minimum Assessment Agreement, and the 240 Regular Session, June 19, 2000 Convention Center Facility Management Agreement and presentation by Jim Rix, Chief Executive Officer of -: Platinum Hospitality Group, LLC., presented and read. Buol moved that the communication be received and filed and concurred with the recommendation including the amended Development Agreement. Seconded by Markham. Motion carried 7-0. Mr. Rix spoke and introduced others involved with the potential development who also spoke: Barry Thalden, President of Holden Entertainment Architects and Charles Neumann an official of Water Technology Parks Request of Klauer Manufacturing Company, 26th and Pinard Streets, to rezone property from R-2 Two -Family Residential District to R -2A Alternate Two -Family Residential District to allow construction of an employee parking lot, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending Appendix A (the Zoning Ordinance) of. the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at northwest comer of 26th and Pinard Streets from R-2 Two - Family Residential District to R -2A Alternate Two -Family Residential District, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the Council meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 5th day of July, 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 Nicholson. Motion carried 7-0. Request of Hillcrest Family Services to amend the ID Institutional District to add classrooms as a permitted use and allow the installation of a portable classroom, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the amendment of Ordinance 41-92 whichadopted regulations for the Hillcrest Family Services Institutional District, presented and read. Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the Council meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 5th day of July, 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 carried 7-0. Request to rezone property on U.S. Highway 20 from C-3 General Commercial and CS Commercial Service and Wholesale District to PUD Planned Unit Development District with a PC Planned Commercial designation to allow for development of a new Menard's store, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending Appendix A (The' Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along U.S. Highway 20 west of Westside Court from C-3 General Commercial District and CS Commercial Service and Wholesale District to PUD Planned Unit Development District with a PC Planned Commercial District designation and adopting a Conceptual Development Plan, with conditions, for Menard, Inc., presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the Council meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 5th day of July, 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 Nicholson. Motion carried 7-0. Request of Buesing & Associates/Plastic Center, Inc., to rezone the southeast corner of the Northwest Arterial and Asbury Road from AG Agricultural District to PUD Regular Session, June 19, 2000 241 Planned Unit Development with PC Planned Commercial, PO Planned Office and PR Planned Residential designations, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. An Ordinance Amending. Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the southeast corner of Highway 32 (Northwest Arterial) and Asbury Road from AG Agricultural District to PUD Planned Unit Development District with PC Planned Commercial District, PO Planned Office and PR Planned Residential District Designations, and adopting a Conceptual Development Pian, with conditions, for Plastic Center, Inc., presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the Council meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 17th day of July, 2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. City Manager submitting documents providing for initiation of the bidding process for Renovation of the Bunker Hill Building project, presented and read. Cline moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 285-00 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 RENOVATION OF THE BUNKER HILL BUILDING PROJECT, in the estimated amount of $270,000, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 19th day of June, 2000. Terrance M. Duggan, Mayor Attest. Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 286-00 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the RENOVATION OF THE BUNKER HILL BUILDING PROJECT. NOW, THEREFORE, BE. IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 7th day of August, 2000, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement Passed, approved and adopted this 19th day of June, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 287-00 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the RENOVATION OF THE BUNKER HILL BUILDING PROJECT is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, 242 Regular Session, June 19, 2000 to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to thereceipt of said bids at 2:00 p.m. on the 20th day of July, 2000. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the. 7th day of August, 2000. Passed, approved and adopted this 19th day of June, 2000. -- Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. There being no further business Buol moved to adjourn. Seconded by Markham. Motion carried 7-0. The meeting adjourned at 9:03 P.M. /s/ Jeanne F. Schneider City Clerk Approv-.ct. .-2 - 2005 Adopte. . f �� i% 2000 f / /Awe a im �4 41 1 t /, Council Members Attest' , � ( ty Clerk