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2000 November Council ProceedingsSpecial Session, November 6, 2000 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council Special Session, November 6, 2000 Council met for Dinner at 5:00 P.M. in the Library Rotunda Council met in Speciat Session a~ 5:30 P.M. in the Library Auditorium Present: Mayor Pro-Tern Markham, Counc~ Members Buol, Cline. Michalski. Nicholson. Robbins, City Manager Michael Van M~ligen, Corporation Counsel Barry Undahl. Absent: Mayor Duggan. Mayor Pro-Tem Markham read the call and stated this is a special session of the City Council called for the purpose of providing an update on the papedess agenda process and to act upon such business which may propedy come before the Council, Direction was provided by Chris ~ohlman Information Services Manager and Jeanne Schneider, City Clerk on the usage of their laptop./~. computers, the CD ROMs which provide access to the Council meeting agendas, and the ability to access the supporting oocumems via icons anc Other means. Discussion ensued anc Upon consensus the mee~dng adjourned at 6:25 Jeanne F. Schneider City Clerk 2001 ~ Cour{ci] M~mbers - ~ Clerk 414 Regular Session November 6, 2000 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council. Regular Session. November 6. 2000 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Pro-Tom Markham Council Members Buo[, Cline, Michaiski. NichoLson. Robbins. City Manager Michael Van Vlilllgen, Corporation Counsel Barry Lindahl Absent: Mayor Duggan. Mayor Pro-Tern Markham read the cai[ and stated this is the regular session of the City Council called for the purpose of acting upon sucn business which may propedy come before the City Council. invocation was given by Reverend Matthew Hard's, Pastor of The Bridge Christian Church. Proclamations: Youth Appreciation Month, received by Morning Optimists President Wayne Zumhof and Noon Optimists Vice Pres. Dr. J. P. Quinian: Hospice Month received by Kim Link. Minutes Submitted: Airport Commission of 10/23: Civil Service Commission of 10/3 ano 10/19' Downtown Planning Committee of 9/11: Environmental Stewardship Advisory Commission of 10/3: Five Flags Commission of 10116; Histodc ~reservation Commission of 10/19. -~ousing Code Appeals Board of 8/15 Housing Commission of 10/10: Human Rights Commission of 10/11 Park and Recreation Commission of 10/10; Transit Board of 9/14 presented and read Buol moved that the minutes be received and filed. Seconded by Nicholson. Motion carded 6-0. Proof of Publication of Council Proceedings for 10/2 and 10/4, Substance Abuse Services Center Quarterly Report; Quarterly Investment Report; and Carnegie Stout Library Fiscal Year 2000 Annual Report, presented and read. Buol moveo that me proofs and reports be received anc filed. Seconded by Nicholson. Motion carded 6-0. Pdnted Council Proceedings for month of September, 2000, sresentee and reao Buol moved that the proceedings De approvec as Ddnted. Seconded by Nicholson. Motion carded 6-0. Notice of Claims/Suits: Shirley EIliott in estimated amount of $227.00 for personal injuries: Madin Jorgensen in estimated amount of $20.00 for property aamage; Linda Lucey [n estimated amount of $255.88 for vehicle damage; Phil Meyer in undetermined amount for property damage; Dorothea Tschiggfrie in estimated amount of $977.72 for property damage, presented and read. Buol movec that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Nicholson. Motion carded 6-0. Corporation Counsel advising me following claims have been referred to Public Entity Risk Services 2f Iowa. the agent for the iowa Communities Assurance Pool: Hillcrest Association for property damage; Betty Loeffelholz for property damage; Mark Puccio for reimbursement of medical expenses: Terryl Stewart for vehicle damage; Angola Woolf for vehicle damage, presented and read. ~uo[ moved that the communications be receivec and filed and concurred with the recommendations Seconded by Nicholson. Motion carried 6-0 Corporation Counsel recommending setllement of the vehicle damage claim of Linda Lucey in the amount of $255:88 ano me property carnage claim of Marlin Jorgensen '- the amount of $20.00 and that the Finance Director be directed to issue payment, Dresented and reao. Buoi movea [nat me communication be received ane filed ano concurred with the recommendation Seconded by N[cholson. Motion carried Citizen Communications: Howard W. Klauer ano John P. Klauer expressing their appreciation to Gil Spence Leisure Services Manager, for the removal cf dead trees along the right- of-way ef Dextar Street: 'vlr. and Mrs. Myron Cole regarding parking problems [n the alley between Nevada Street and AIoine Street presented and teac. Buol'moved that the communications be received and filed and referred to the City Manager Seconded by Nicholson Motion carried 6-0. Reqular SessiOn, NoVember 8, 2000 415 City Manager recommending acceptance of the Five Flags Center Arena Seat Replacement Project, presented and read. Buol moved that the communication be received and flied. Seconded by Nicholson. Motion carried 6-0. RESOLUTION'NO. 613-00 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Five Flags Center Arena Seat Replacement Project has been completed and the City Manager has examined the work and filed his ce~ficate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its NOW TFIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Fiscal Year 2001 appropriations in the amount of $166,t55 in General Funds, in amount equai to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 6th day cf November, 2000. John H. Markham, Mayor Pro-Tern Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO. 514-00 FINAL ESTIMATE WHEREAS, the contract for the Five Flags Center Arena Seat Replacement Project has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and ail miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said improvement is hereby determined to be $166,t 55 and the said amount shall be paid from Fiscal Year 2001 General Fund appropriations of the City of Dubuque, Iowa. Passed, approved and adopted this 6th dayof November, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Section 8 Housing Vouchers: City Manager recommending approval of an application to the US Department of Housing and Urban Development for I additional Section 8 Program housing vouchers, presented and read. Buol moved that the communication be received and filed. Seconded by Nichelson Motion carded 6-Q RESOLUTION NO. 5'15-00 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION TO THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR ADDITIONAL SECTION 8 PROGRAM HOUSING VOUCHERS; AND TO EXECUTE A STANDARD AMENDED ANNUAL CONTRIBUTIONS CONTRACT FOR THE ADDITIONAL FUNDS Whereas, the City of Dubuque nas been offerae an opportunky administer additional Housing Vouchers maue available due to an owner's opt-out of a project-based contract: and Whereas, the addition of these vouchers to the portfolio currently administered by the HousinD Services Department will result in the ability of the current project tenants to remain in place ano to mcraase annual administrative revenues to the City. Now, Therefore, be it Resolved by the City Council of the City of Dubuoue. ]owe: Sec~on I The Mayor is authodzee and directed to execute an aDDliCation and resulting standard amended annual contributions contract to the US Department of Housing and Urban Development for additional housing vouchers. Section 2. The hereby authorized and directed forward said application and resulting annual contributions contract to the US Department of Housing ana Urban 3evelopment. Passed, approvea and aeocted this 6th day of November 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Application for Local Housing 416 Regular Session, November 6, 2000 Assistance Program (LHAP) Funds: City Manager recommending approval of an application £o the iowa Department of Economic Development for Local Housing Assistance Program funds for a pilot program promoting Iow-income homeownership, presented and read Buo[ movea that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0 RESOLUTION NO. 516-00 A RESOLUTION AUTHORIZING AN APPLICATION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR LOCAL HOUSING ASSISTANCE PROGRAM FUNDS Whereas the Iowa Department of Economic Development has published notice of availability of funds under the Local Housing Assistance Program (LHAP); and Whereas. the Depa~zmen[ of Economic Development is encouraging municipalities to promote housing assistance programs which address unmet neeos and complement planned programs of economic development; and Whereas. the Consolidated Plan for the City of Dubuque includes the objectives of promoting homeownersh[p opportunities for Iow- end moderate-income households. elimination of slum and blight and public and private investment in revitalization of downtown neighborhoods: and Whereas. the Housing Trust Fund Committee and Housing Commission nave revlewea me proposed application for construcuon of affordable new condominium homes for Iow-income households NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY' OF DUBUQUE. IOWA. Section 1. The Mayor is hereby authorized to execute this resolution in suppor~ of an application to the Iowa Deoartment of Economic Development for Local Housing Assistance Prograrn funds. Section 2. This resolution shall take effect imm adiately. Passed. approved and adopted this 6th day of November 2000. John H. Markham, Mayor Pro-Tam Attest: Jeanne F. Schneider City Clerk Buol moved adoption o~ the Resolution Seconded Dy Nicholson Motion carried 6-0 Acceptance of Deeds from Plastic Center. Inc.: Corporation Counsel recommending accep[ance of the Warranty Deed and Correction Warranty Deed fram Plastic Center. [nc presented and read. Buo[ moved that the communication be 'eceived and filed. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO. 517-00 ACCEPTING THE DEEDS TO CERTAIN REAL ESTATE DUBUQUE COUNTY, IOWA FROM PLASTIC CENTER, INC. Whereas, the City of Dubuque entered into an Agreement with Plastic Center. Inc., a New York corooration for me purchase of real property in Dubuque County, Iowa. described ia the attached Warranty Deed and Correction Warranty Deed; And Whereas the terms of the Agreement have now been met. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA AS FOLLOWS: 1. The City of Dubueue hereby accepts the Warranty )eed and Correction Warranty Deed from Plastic Center. Inc.. ooDles of which are attached hereto. 2. The City Clerk is hereby authorized and directed to recoro this Resolution with the Dubuque County Recorder. Passed. approved and adooted this 6th day of November, 2000. John H. Markham, Mayor Pra-Tem Attest: Jeanne F. Schneider. City Clerk Buo 'novea adoptior of the Resolution. Seconded by Nichotson. Motion carried 6-0, Hazard Mitigation Planning Grant Contracts: East Central Inter- governmental Association submitting a Hazarc Mitigation Planning Grant Contract between the City, ECIA and Iowa Emergency Management and an Administration Contract between the City and ECIA. eresented and read. Buol moved that the communication be received and filed and accrove contracts. Seconded Dy Nicholson. Motion carried 6-0. Depar[ment of Housing and Urban Development: communication advising mat the City's acofication to the Lead- Cased Paint Hazard Control Grant Program was nor approvea; communication advising that no objections to the City's Fiscal Year Reqular Session, 2000 Community Development Block Grant Program had been received; and communication acMsing that their review of the City's Community Development Block Grant Program for 1999 was satisfactory, presented and read. Buel moved that the communications be ,received and tiled. Seconded by Nicholson. Motion carded S-0. Iowa DepaYmlent of Natural R~esgurces: The Iowa Department of Natu~el~ Resources submitlJng the Indast~at- Pretreatment Compliance Inspection repor~ for the Water Po[Itr~on Control Plant, presented and rend. Buel moved that the communication be received and flied. Seconded by Nichelecn. Motion carded 6-0. Notice of Expiration of Right of Redemption: County Treasurer ad~sing of the Notice of Expiration of Right of Redemption for property described as Lot 1 of Lot I of the Subdivision of Mineral Lot 251A and part of Mineral Lot 250; and Lot I of Lot I of Mineral Lot 501 in the C~ of Dubuque, presented and read. Buol moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 6-0. Dubuque Area Labor-Management Council: Dubuque Area Labor- Management Council requesting a letter of support for their grant application from the U.S. Department of Labor to conduct a Workforce Development Community Audit in the Dubuque area, presented and read. Buol moved that the communication be received and filed and approved letter cf support. Seconded by Nicholenn. Motion carried 6-0. Supplement ¢,~47 Code of Ordinances: City Manager recommending adoption of Supplement ~47 to the Code of Ordinances of the City of Dubuque, presented and read. Buo[ moved that the communication be received and flied. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 518-00 ADOPTING SUPPLEMENT NO. 47 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of July 17, 1989, the City Council,, pursuant to Ordinance No, 34-89, readopted the Code of Ordinances of the City of N0Vernbe{ 6~ 2000 417 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 supp[ements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Ordinances provides that supplements by resolution, become 3art 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. 47 of the Cede of Ordinances of the City of Dubuque, Iowa, coveting Ordinances through Ordinance No. 72-00 enacted through September 5, 2000 and prepared by the Sterling Codifiers, Inc, Weiser, ID hereto filed in the C~ce 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 6th day of November, 2000. John H~ Markham, Mayor Pro-Tern Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carded 6-0. Disposition of Buettell Brothers Building at 82t-845 Central Avenue: Histodc Preservation Commission requesting that the City Council work with the Dubuque County Board of Supervisors to preserve the Buettell Brothers Building at 821-845 Central Avenue if the Law Enforcement Center is expanded to this area, presented and read. Michalski moved that the communication be received and filed and Staff directed to schedule meeting with Board of Supervisors and Historic Preservation Commission members. Seconded by Nichotson. Motion carried Iowa League of Cities: Communication from the Iowa League of Cities requesting that the City Manager serve on the League Policy Committee, presented and read. Buol moved that the communication be received and filed and.concurred with the recommendation. Seconded by Nicholson, Motion carried 6-0. Water Service - Lock and Dam No. 41,R Regular Session, November 6, 2000 11: City Manager recommending approval of a Contract Agreement with the Army Corp of Engineers to provide water service to Lock and Dam No. 11. 9resented and read. Buol moved that the communication be received and filed and concurred with the recommendation, Seconded by Nicholson. Motion carded 6-0. Endch Iowa Grant Tom Moran. Ubrary Director, advising that the Library has once again qualified for ar, Enrich Iowa Grant and requesting that this additional revenue amount be included in the nexz budget amendment, presented and read. Buol moved that the communication be received and flied Seconded by Nicholson. Motion carded 6-0. Vacation/Purchase of AJlison Place: City Manager advising that Finley Hospital has exercised their option to purchase Allison :~lace and that process is now complete, presented and read. Buol moved that. the communication ae received and filed. Seconded Dy Nicholson. Motion carded 6-0. October 1.9, 2000 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1999 Code of Iowa. an examination for the position of Parking Meter Checker was given on September 26, 2000. We hereby certify that the following indMduals have passed this wdtten examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. PARKING METER CHECKER Donald F. Hoppmann Jayne Radloff Cindy Budde Jane Williams Theresa Beckett Lawrence Oswald Ann Bahls Vicky Xicon Dawn Besten Kimberly Williams Michael Kdngle Ellen Golinvaux Cher~ Manderscheid Ann Reisdorf Stephen Moo~ Robin Heinen Deborah [hdg William Strong James Yeager Chad Cruse Edc Sanderson Judy Pottebaum Laura Riedl Gary Muntz Thomas Meyer Nicole Macvey Deborah Fiacca ~aul Hannigan Victoda Fradedck Chad Berendes Nat~ne Lincoln Rick Gheer Chad Coakley Joan Most David Feiderman Sandra Shaffer Janet Brehm Regina Klinkhammer Moqica Schiessl Katherine Timmermans Ronald Sanduskey Rick Hoffman Respectfully- submitted, Is/Lores J. Kluesner, Chairperson Is/Mede Duehr Is/Richard Wedzberger CMl Service Commission October 19, 2000 Honorable Mayor and Members of the City Council m accordance with Chapter 400 of the 1999 Code of Iowa, an examination for the position of Laborer was given on October 6, 2000. We hereby cert~, that the following indMduals have passed this written examination and the vacancy for this position should be made from this list and that this ist is good for two (2) years from above date _ABORER _eslie Wagner Thomas Meyer Richard Atkins Brad Herdg Roger Richard Gerald Dean Ronald Bartels Darrell Allman A~bert Clemens Dale Mueller Thomas Burger Duane Schreiber Robert Dague Robert Barry Shayne Henry Timothy Leibold Jeramy Shireman Michael O'Shea William Cook Michael Ryerson Thomas Paar John Hagerty Harry Rubel Mark Fraying Alan Bahl Daniel Wo~re~ Steve Siefker Kenneth Henkel Rachel Bly Robert Wissing Grag Schukert Bryce Draeeau Peter Kruschke Michael Kuhn Jeffrey Weiland Daniel Zahn Michael Nee Earl Ciemen Mark LeGrand David Feldermar Shawn Kelley Dale Reute- Respectfully submitted, Is~ Loras J Kluesner, Chairperson /s/Mede Duehr /s/Richard Wedzberger Civil Service Commission ~ovember 1. 2000 Honorable Mayor and Members of the City Council in accordance with Chapter 400 of the 1999 Code of Iowa an examination ror the position of Lead Mechanicwas gwen en Qctober 26. 2000. We hereby certi~ that the following individuals nave paseea [his wdtten examination ana the vacancy [or this position should be made from this list and that this list is good for two (2) :,ears from above oa[e LEAD MECHANIC Scott Bauer Elmer Heacock Reqular Session, November 6~ 2000 419 Paul Herman Steven Kelly Steve Kraft Gregory Me[reid Mark Neyens John Zenner Respectfully submitted, /s,' Lores J. ~uesner, Chairperson !s/Mede Duehr !s/Richard Wer[zberger CMl Service Commission Buei moved that the above CMl Service certifica~ons for Parking Meter Checker, Laborer and Lead Mechanic be made a matter of record. Seconded by Nichelson. Motion carded 6-0. Diamond Jo/Bird Sign - Appeal of the FouCd'. Street Peninsula Permit Moratorium: City Manager ~'ecommending approval of the ~ssuance of sign permits for the Diamond Jo on the Fourth Street Peninsula, presented and read. Buol moved that the communication be received and filed and concurred with recommendation. Secondec by Nichoison. \4etlon carded 6-0. Dubuque County Historical Society- Appeal of the Fourth Street Peninsula Permit Moratorium: City Manager .recommending approval of the issuance of a s~gn permit for the Mississippi River Discovery Center on the FouC, h Street Peninsula, presented and read. Buol moved that the communica'don be received and filed and COnCtJrreQ with recommendation. Seconded by Nicholson. Motion carded 6-0. Issuance of $6,265.000 General Obligation Bonds: City Manager recommending the issuance of $6,265,000 General Obligation Bonds, Series 2000C presemea and rea(~. Buol moved that the communica~on be received and filed. Seconded by Nicholson Motion carded 6-0. RESOLUTION NO. 519-00 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 pro~sions of Chapter 75 cf the Code of iowa $6,265,000 General Obliga[~on Bonds. Sedss 2000C, dated November 1, 2000, have been sold at public sale land action should now be taken to , provide for the maintenance of records, I registration of cer~cates and payment of principal and interest in connection with the issuance of the Bonds; and Whereas, this Council has deemed that the services offered by Wells Fargo Bank Iowa, National Association of Des Moines, Iowa, ara necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered Bonds; and Whereas. a Paying Agent, 3end Registrar and Transfer Agent Agreement (hereafter "Agreement") has been ~repared 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 [he issuance of $6,265,000 Genera Obligation Bonds. Sedss 2000C, datec November 1, 2000. Section 2. That the Agreement with Wet[s Fargo Bank Iowa, National Association of Des Moines, owe is hereby approved and that the Mayo~ and Clerk are authorized to sign the Agreement on behalf of the City. Passed. approved and adopted this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F, Schneider. C [7 Clerk Buol moved aaoption of the Resolution. Secondec by Nicholson. Motion carded 6-0 RESOLUTION NO. 520-00 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $6,265,000 GENERAL OBLIGATION BONDS, SERIES 2000C, AND LEVYING /~ TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incorporated, organized and exists unaer and by virtue of the laws and Constitution ofthe State elbows ana WHEREAS, the issuer is m need of funds to pay costs of aiding in the planning, undertaking aha carrying out of urban renewa, proJeCt activities under the authority of Chaoter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for /+20 Regular Session, November 6. 2000 the Downtown Dubuque Urban Renews[ District, including cur nor limited to the construction of a structured parking facility located at Third and Main Street, an essentia corporate purpose, and it s deemed necessary and advisable that General Obligation Bonds in the amount of not to exceed $5,600,000 be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to ins~tute proceedings for the issuance of said Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds: and WHEREAS, Be Issuer also is in need of funds to 2ay costs of construction of improvements at the Dubuque Regional Airport, including those costs associated w~h the rehabilitation and improvement of existing T-hangar airplane facilities and the construction of new T-hangar airplane facilities, an essential corporate purpose, and it is deemed necessary and advisable that its General Obligation Bonds in the amount of not to exceed $69¢,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 ~he proposal to institute proceedings for the issuance of said Bonds and [ne Council is therefore now authorized to oroceed with the issuance of said Bonds; aha WHEREAS, oursuant [o Section 384.28 of the Code of Iowa, it is hereby found and determined that the various general obligation bonds authorized as heramabove dsscdbed shell ~e combined for the purpose of issuance in a stogie issue of Corporate Purpose Bonds as hereinafter set forth: ano WHEREAS. pursuant to the provisions of Chapter 75 of the Code of Iow'a. the above mentioned Bonds were heretofore sold at public sale and action should now be taker to issue sa~d Bonds conforming to the terms eno conditions of the best bid received at the advertised public sa[e. NOW, THEREFORE BE RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. Definitions. The following [erms shall have the following meamngs in this Resolution un[ess the rex1 expressly or Dy necessary implication reouires otherwise: · "Authorized Denominations" shall mean $5.000 or any integral multiple thereof. · "Beneficial Owner" shall mean the person in whose name such Bond s recorded as the beneficial owner of a Bond by a PaCdcipant on the records of such Particioant or such person's subrogee. · "Bonds" sha[ mean $6.265.000 General Obligation Bonds. Sedss 2000C. authorized to be issueu by th~s :~esolution · "Cede & Co." shall mean Cede & Co.. the nominee of DTC anr~ any successor qommee of OTC with respect to the Bonds. · "Continuing Disclosure Certificate" shell mean that certain Continuing Disclosure Certit-lcate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. · "Depository Bonds" shall mean the Bonds as issued in the form of one global ceYdficate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. ·"DTC" shall mean The Depository Trust Company, New York, New York, a limited purpose trust company, or any successor book-entry securities depository appointed for the Bonds · "Issuer" and "City" shaII mean the City of Dubuque, Iowa. · "PaYdc~[~ants" shall mean [nose broker-dealers banks and otner financia institutions for which OTC holds Bonds as securities depository. · "Paying Agent" shall mean the Wells Fargo Bank iowa, National Association or such successor as may be approves by ~ssuer as ~ravlded herein eno wno shel carry out the duties prescribed heraln as Issuer's agent to crovide [or the payment of principal of and ~terest on the Bonds as the same shall become due. · "Project Fund" shall mean the fund requ~reo to be established by this Resolution for the deposit of the oroceeds of the Bonds. · "Rebate Fund" shall mean the fund so defined in and established pursuam [o the Tax Exemption Certificate. · "Registrar" shall mean Wells Fargo Bank Iowa National Association of Des Moines owa. or such successor as may De approveo Dy ssuer as provided herein and who Reqular Session, Nov~rdb~r 6, 2000 421 AMOUNT $713,112 $525,663 $524,913 $528,683 $526,363 $518,550 $525,482 $521,388 $516,782 $521,663 $520;519 $518,607 $520,925 $522,219 $527,488 $526,475 $529,438 $526,119 $536,775 shall carry out the duties prescdbed herein with respect to maintaining a register of the owners of the Bends. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bends. · "Representation Letter" shall mean the B[anket-lssser Letter of Representations executed and delivered by the Issuer to DTC. · "Tax Exemption Cert~cate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bends. · "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. Lew and Certification of Annual Tax; Other Funds te be Used. (a) LewofAnnualTax. Thatforthe 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 ali of the taxable property in Dubuque, Iowa, to-wit: FISCAL YEAR (JULY 1 TO JUNE 30) ._YEAR OF COLLECTION: 2001/2002 2002/2003 2003/2004 2004/2005 2005/2006 2006/2007 2007/2008 2008/2009 2009/2010 2010/2011 2011f2012 2012/2013 2013/2014 2014/2015 2015/2016 2016/2017 2017/2018 2018/2019 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) Resolution to be Filed With County Auditor. A cerdfied 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. (c) Additional City Funds Available Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promp~y 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 f~nd 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. Anolication 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 principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the 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 Proceed~ All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 1999 (formerly Chapter 422 Regular Session, November 6, 2000 452, Code of Iowa, as amended) or aeposited in financial institutions which are members of the Federal Depos'r[ Insurance Corporation and the deposits ~n which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with the State Sinking Fund provided under Chapter 12C of the Code of owa. 1999, as amended or othenMse by a valid pledge of direct obligations of the United States Government having an equivalent market value. Ail SUCh intedm investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details Execution and Redemption. (a) Bond Details.. General Obligation Bonds of the City in the amount of $6,265,000, shall be issued pursuant to the provisions of Sections 384.24 and 384.25 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND. SERIES 2000C". be dated November 1, 2000, ano bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on June 1 2001. and semiannually thereafter on the [st day of June and December in each year until matudty at the rates hereinafter provided. The Bonds shaII be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or pdnted with the seal of the City and shall be fully registered as to uoth pdncipal 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 cf the Bond. The Bonos shall be in the denomination of $5,000 or multiples thereofi The Bonds sharl mature and bear interest as [ol[o~vs: interest Principal Matudty qate Amount June 1st ~'~000% ~205.000 2002 5,000 215,000 2003 5,000 225.000 2004 5.125 240,000 2005 5,125 250.000 2006 8,125 255.000 2007 5.t25 275.000 2008 5. I25 285.000 2009 5.125 295,000 2010 5.125 315,000 2011 5.125 330,000 2012 5.125 345.000 2013 5.125 385.000 2014 5.125 385.000 2015 5.125 410 000 2016 5.125 430,000 2017 5.125 455.000 2018 5.125 475.000 2019 5.250 510,000 2020 (b) Redern~tiQn. 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 [o date of call. ThiKy days' notice 'of reaemption 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 reaemption will cease to bear interest after the specified redemption date provided funds for their redemption are on depes~t au me place of paymenT. If selection by lot within a matudty is reauired, the Registrar shall designate the Bonds to be redeemec by random selection of the names of the registered owners of the enure annual 'natudty until the total amount of Bonds [o be called has been reached. Section 7 Issuance of Bonds in Book-Fntrv Form' Replacement Bglqd~ (a) Notwithstanding the other provisions of this Resolution regarding registration, ownersnip, transfer, payment and exchange of the Bonds unless the Issuer determines to 9ermit the exchange of Deoesltory Bonds for Bonds in the Authorized Denominations. the Bonds shall be issued as Depository Bonds n denominations of the entire principal amount of each maturity of Bonds for if a poruon of said principal amount is prepaid, said principa amount less the prepaid amount~: and such Depository Bonds shall be registered in the name of Cede & Co. as nominee of DTC. Payment of semi-annual interest for any Depesitor~ Bond shall be maae Dy wire transfer or New York Clearing House or equivalent next da¢, funds to rne account of Cede & Co on the Reqular Session, Novembei' 6, 2000 47~ interest payment date for the Bonds at the address indicated ~n or pursuant to the Reprssentation Letter. (b) W-C,h respect [o Depository Bonds. neither the Issuer nor the Paying Agent shall have any rssponsibility or obligation to any Paddcipant or to any-Beneficial Owner. VCCuhout ~imifing the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person, ether than DTC or its nomlnea, of any ~otJce with respect to the Bonds, (iii) the payment to any Participant, any Beneficial O~er or any other person, other than DTC or its nominee, of any amount with respect to the principal of, premium if any, or interest on me Bonds, or (iv) the failure of DTC to provide any information or notificatior on beha~ of any Participant or Beneticia] Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be: me absolute owner of each Bond for the purpsse of payment of the Ddnc'pal of, premium, if any, and interest on such Bond for the purpose of all other ma~ers w~th respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bondholder consents, in accordance with the practices and procedures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to ar upon the order of the Bondholders as shown on the Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relating to the surrender of Bonds, registration thereof, and issuance in AuthoRed Denominations), as long as the Bonds are Depository Bonds, full effect shsl~ be given to the Representation Letter and the procedurss and practices of OTC thereunder, and the Paying-Agent shell comply therewith. (c) Upon (0 a determina~on ay the ssuer that DTC is no longer able to carry out its functions or Is otherwise determined unsafisfactory, er (ii) a determination by DTC that the Bonds are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has resigned or discontinued its services for the Bonds the Issuer shall (A) designate a safisfactory substitute depository as se~ forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of Depository Bonds for replacement Bonds in Authorized Denominations. (d) If the Issuer determines m provide for the exchange of Depository Bonds for Bonds in Authorized Denominafions, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, content and Authorized Denominations to the i~eneflcial Owners. as their interests appear. (e) Any substf[ute depository shall be designated in writing by the issuer to the Paying Agent. Any such substitute depository shall be a quatifled and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. Section 8. Re~istrafion of Bonds' Appointment of Reqistrar; Transfer; Qwnership; Delive~ and Cancellation. (a) J~C,.gJ~LE~JLED.. 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 Associafion is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement /,24 Regular Session, November 6, 2000 with the Issuer filed herewith which is made a sart 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 srovided in this Rssoludon. Ali Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Cods 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 herder, or his duly authorized a~orney in [act ~n such form as shall De satisfactory to the Registrar, along with the address and social securfiy number or federal employer identification number of such transferee (or, if registration is to be made in the name of muldple indMduals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or coaxer, there must be disclosed on the Registration Books the information 3erbaining [o the registered owner required above. Upon me transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permittec by this Resolution ~n aggregate principal amount equal to the unma~ureo and unredeemed pdncipa~ amount of such transferred fully registered Bond and beadng interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar (c) Regiatratior of Transfarred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the eadiest practicable time, on the Registration Books, the Bonds in accordance with the erevisiees of this Resolution (d) Ownershio Asto 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 me absolute owner thereof for all purposes, and saymen~ of or on account of the orinciDal of any such Bonds and the 3remium, if any, and interest tneraon shall be maee only to or upon the order of the registered owner thereof o~ his regal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have Dean redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled oy 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. h(f)e Non-Presentment of Bonds. In t 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 benet-rt of the owner thereof, all liabilify of the ssuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease terminate anc be completely discharged, and thereupon ri shall De me dut~ of the Paying Agent to hold such funds without liability for ~meres[ thereon, for the benefit of the owner of such Bonds who shall thereafter ce restricted exclusiveiy to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to. such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period e~ual to two years and si:< months following the sate 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, wnereupon any claim under this Resolution by the Owners of sucn interest or Bonds of whatever nature shall Be mace upon me Issuer (g) Reaistrabon and Transfer Fees The Registrar may furnish re each owner at the Issuer's expense, one bond for each annual maturity. The Registrar snail furnish additiona bonds in lesser denominations (but not less than the minimum denomination) to an owner who so reoues~. Section 9. Reissuance of Mutilated, Destroyed Stolen or Lost Bonds. In Regular Session, case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or io 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 o~nership 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 therewf[h. 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. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of ~onds. Upon the adoption of this Resolufion, the Mayor and Clerk shall NoVember 6~ ~,000 4?5 execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shatl be ended to any right or benefit hereunder unless the Registrar shah duiy 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 wdtten order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase pdce as set for[h 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. Ri(iht to Name Substitute Payinq Aqent or Registrar. Issuer reserves the dght to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. 426 Regular Session. November 6, 2000 Section 13. Form of Bond. Bonds shall be printed ha substantial compliance with standards proposed by the American Standards Irmtimte substantially in the form as follows: I (6) [ ~ 7 (1) (9) (9~) (~) (10) (Continued on the back of this Bond) [ [ (14) ] L 05) FIGURE I (Front) Reqular Session, November 6, 2000 427 (10) (Condnued) (16) FIGLrRE 2 (Back) 428 Regular Session, November 6, 2000 FIGURE 2 (Back) The text of the Bonds to be located thereon -at the item numbers shown snail be as follows: Item 1, figure 1 "STATE OF IOWA" "COUNTY OF DUBUQUE" "CITY OF DUBUQUE" "GENERAL OBLIGATION BOND" "SERIES 2000C" Item 2, figure 1 Rate; Item 3, figure 1 Maturity' item 4, figure 1 Bond Date: November 1 2000 ~tem 5, figure 1 Cusip No.: Item 6, figure 1 "Registered" Item 7, figure 1 CertJflcate No, ~mm 8, figure 1 Principal Amount: $ Item 9, figure 1 The City of Dubuque, Iowa. a municipal corporation organized and existing unoer and oy virtue of the Constitution and aws of the State of owe (the "Issuer"), for value received 3rom~ses to pay from the source and as hereinafter provided on the maturity date indicated above to Item 9A, figure 1 = (Registration panel to ee completed oy Registrar or Printer with name of Registered Owner). ~tem 10, figure 1 = or registered assigns, the principal sun' of (principal amount written out) THOUSAND DOLLARS in lawfu ~noney of the United States of America. on the maturity date shown above, only upon presentation and surrender qereof at the office of Wells Fargo 9ank iowa. National Association. Paying Agent of this issue, or [ts successor with interest on said sum from the date hereof until paid ar the rate Der annum soeoitiec above payable on June I 2001. and semiannually thereafter on the 1st day of June and December in each year. Interest and principal shall be Sale to the registered hstder of the Bond as ShOWn on me recores of ownershio maintained by the Registrar as of the 15th day preceding such interest payment date. Interest shall be comouted or me basis of a 360-day year of twelve 30-day months. This Bond is issued pursuant to the provisions of Sections 384.24 ano 384.25 of the C[[y Code of iow&, for the purpose of paying costs of aiding in the planning, undertaking ano carrying out of uroan renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewa Plan for the Downtown Dubuque Urban Renewal District including out ~ot limited ro the construcuon of a structured parking facility located at Third and Main Street: and construction of improvements at the Dubuque Regional Airport, including those costs essociatec with the rehabilitation and improvement of existing T-hangar airo~ane facilities and the construction of new T-hangar airplane facilities, in conformity [o a Resolution of the Council of said City duly oaeseo and approved. Unless this certificate s presented by an authorized representative of The Depository Trust Company, a limited purpose trust company ("OTC"), to tt~e issuer or its agent for registration of transfer, excnange 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 ~TC), ANY TRANSFER PLEDGE OR OTHER USE HEREOF =OR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co. has an interest herein. Bonds maturing after dune I 2009 may be called for redem 3'don by me Issuer and paid before maturity on said cate or any date thereafter, from any funds regardless of source. In whole or from time to time in part, in any order of maturity aha within an annual matunty by lot. The terms of redemption shall be par, plus accrued interest to date of cae Thirty days' notice of redemption shall be given by first claes 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 there~n shal not affect the validity of any proceedings for tne reaemDtion of the Bonds All bonds or portions thereof cai[ed for reaempuon will cease to bear nterest after the specified redemotion date. orovided funds for their redemption are on deoosit at the place of payment. If selection By lot within a maturity ~s reou[red, the Registrar shall designate the bonds to De reeeemeo Dy random Reqular Session, selection of the names of the registered owners of the entire annual matudty until the total amount of bonds to be called has been reached. Qwnership 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 dght to substitute the Registrar and Paying Agent but shall, however, promp~y 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 I986. STATEMENT OF INSURANCE Financial Guaranty Insurance Company ("Financial Guaranty") has issued a policy containing the following provisions with respect to the City of Dubuque, Dubuque County, Iowa, Genera[ Obligation Bonds, Series 2000C, matudng inthe years 2015 through 2020 (the "Bonds"), such policy being on file at the principal office of Wells Fargo Bank Iowa, National Association, as paying agent (the "Paying Agent"): Financial Guaranty hereby unconditionally and irrevocably agrees to pay for disbursement to the Bondholders that portion of the principal of and interest on the Bonds which is then due for payment and which the issuer of the Bonds (the "Issuer") shall have failed to provide. Due for payment means, with respect to principal, the stated maturity date thereof, or the date on which the same shall have been duly called for mandatory sinking fund redemption and does not refer to any earlier date on which the payment of principal of the Bonds is due by reason of call for redemption (other than mandatory sinking fund redemption), acceleration or other advancement of maturity, and with respect to interest, the stated date for payment of such interest. Upon NoVember 6, 2000 429 receipt of telephonic or telegraphic notice, subsequenUy confirmed in wri~ng, or written notice by registered or certified mai[, from a Bondholder or the Paying Agent to Financial Guaranty that the required payment of principal or interest has not been made by the Issuer to the Paying Agent, Financial Guaranty on the due date of such payment or within one business day after receipt of notice cf such nonpayment, whichever is later, will make a deposit of funds, in an account with State Street Bank and Trust Company, N.A., or its successor as its agent (the "Fiscal Agent"), sufficient to make the portion of such payment not paid by the Issuer. Upon :resentation to the Fiscal Agent of evidence satisfactory to it of the Bondho[der's dght to receive such payment and any appropriate instruments of assignment required to vest all of such Bondholder's right to such payment in Financial Guaranty, the Fiscal Agent will disburse such amount to the Bondholder. As used herein the term "Bondholder'' means the person other than the Issuer or the borrower(s) of bond proceeds who st the time of nonpayment of a Bond is ent~ed under the terms of such Bond to payment thereof. The policy is non-cancellable for any reason. FINANciAL GUARANTY 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 ail the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond asthe same will respectively become due; that the faith, credit, revenues and resources and alt 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 th~ manual signature of its Cit7 Clerk, 43O Regular Session, November 6, 2000 with the seal of said Cit~ impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, Wells Fargo Bank Iowa, National Association, Des Moines. Iowa. Item 11 figure 1 Date of authentication: Item 12, figure 1 Titis is one of the Bonds described in the within mentioned Resolution, as registered by We~Is Fargo Bank lo,va, National Association. WELLS FARGO SANK iOWA, NATIONAL ASSOCIATION. Registrar B~ 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) CF(Y OF DUBUQUE, IOWA By; (manual siqnature) Mayor ATTEST: By; (manual sidnatu re/ 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 ano appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond with full power of substitution in the premises. Dated (Person(s) executing this Assignment sign(si here) SIGNATURE ) GUARANTEED~ IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the namers) as wn~en uoon the face of the certificate(s) or bond(s) n eveW particular without change whatever. Signature guarantee must be provided in accordance with the prevailing standards and crocedures of the Registrar anc Transfer Agent. Such standards and procedures may require signature to De 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 Secudtv or Tax identification Number of Transferee(s} Transferee is a(n): Individual* Corporation __ Partnership Trust *If 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 sf this Bond, shall be construed as though writts~ out in full according ro aDolicable laws or regulations: TEN COM- as tenants in common TEN ENT - as tenan[s by the entireties JT TEN - as joint tenants with dght of survivorship and not as tenants in common iA UN[F TRANS MIN ACT - ............ Custodian .......... (Cust) (Minor) under iowa Uniform Transfers to Minors Act ................... (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT lb, THE ABOVE LIST Section 14. Contract BeNveen ~ssuer and Purchaser. This Resolutior constitutes a contract between saic City and the ourchaser of the Bonds. Section 15. Non-Arbitrac]e ~. The Issuer reasonably expects and covenants that -o use will be made of the eroceeds from the issuance and sale of the Bonds issued nereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meamng of Sections 148(a) and (b) of the Internal Revenue Code of the United States as amended and that througnout the term of the Bonds 't will comply with the requirements of statutes and regula'~ons issued thereunder, To the best knowledge and belief of Reqular Session, November 6, 2000 431 the Issuer, there are no facts or circumstances that would matedally change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds wil[ be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generalit~of the foregoing, the issuer here.by agrees to comply with the prey]stuns of the Tax Exemption Certficate 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 Certficate in all respects and to execute and deliver the Tax Exemption Certficate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the issuer at that date. Section 16. SeverabilitvClause. 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. Continuino 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 Certficate 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 c~use the Issuer to comply with its obligations under the Continuing Disclosure Certficate. For purposes of this section; "Beneficial Owner" means any person which (a) has the power, directly or indirecity, to vote or consent with rsspect 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 purpesas. 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 constituta a part of the contract between the Issuer and the owners of the Bends; (c) consult with bond counsel (as defined in the Tax Exemption Certiticata); (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 Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 20. Qualified Tax-Exempt Obligations. For the sole purpose of qualifying the Bonds as "Qualified Tax- Exempt Obligations" pursuant to the Internal Revenue Code of the United States, the Issuer designates the Bonds as qualified tax-exempt obligations and represents that the reasonably anticipated amount of tax- exempt governmental and Code Section 501(c)3 obligations which will be issued dudng the current calendar year will not exceed Ten (10) Million Dollars. Section 21. Repeal of Conflicting Resolutions or Ordinances That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. PASSED AND APPROVED this 6th day of November, 2000; John Markham, Mayor Pro-Tern ATTEST: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nichotson. Motion carded 6-0. 432 Regular Session November 6, 2000 County Board of Health: Communication of Mayor Terrance M. Duggan to the C~unty Board of Supe~sors expressing the City's desire to have representation on the County Board of Health, presented and read. Buol moved that the communica~on be received and filed. Seconded by Nichoison. ¥1otion carded 6-0. 319 Area Code: City Manager submitting information on the change of the City of Dubuque's area coae, presented and read. Buol moved that the communicafion be received and Med. Seconded by Nichoison. Motion carded 6-0. NLC Policy informer: City Manager submitting the October edition of the Policy Informer from the National League of Cities, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. Business License Refunds: Beei and Liquor Combination License refund to the Old Shang and Class B Beer Permit to Cedar Cross Amoco, presented and reaa. Buol moved that the requests be received and filed and concurred with recommendatiom Seconded by Nicholson Motion carded 6-0. Business Licenses: RESOLUTION NO. 521-00 NOW. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. iOWA: That the following having complied with the provisions of law relating to the sale of Cigare:ss within the City of Dubuque. Iowa~ be granted a permit to se~l Cigarettes and Cigarette Papers within said City. NEW Oky Doky #15 Ronatd J. Me[oy 1101 Rhomberg Ave Bunker Hill Snack Bar GMS, thc 2200 Bunker Hill Rd Passed. approved and adopted this 6th day of Novembel. 2000. John H. Markham, Mayor Pra-Tem Attest: Jeanne F Schneider, City Clerk Buol moved aaoption of the Resolution, Seconded Dy Nicholson. Motion carried 6-0. RESOLUTION NO. 522-00 Whereas. applications for Beer Permits have been submitted and filed to this Council for approval aec the same nave peen examined aha approved: and Whereas, the premises to De occupied by such apphcants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. ~OW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, OWA: That the Manager be authorized to cause to be issued the following namea applicants a Beer Permit. CLASS "C' BEER PERMIT Iowa Oil Company IOCO Speeae Shoppe # 93+(Sunday Sale) 3270 Dodge St Molo Oil Company Big 10 Mart+ (Sunday Sale) 1875 JFK Rd. Ronald J. Meloy Oky Doky # 15+ (Sunday Sa[e] 1101 Rhomberg Ave ~assed, approved and adopted this 6th day November 2000. John H. Markham, Mayor Pro-Tern Attest Jeanne F. Schneider City Clerk E~uol moved adoption of the Resolution. Seconded Dy Nicholson. Motion carded 6-0 RESOLUTION NO. 523-00 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same nave beer examined and approved: and Whereas. the oremisss to be occupied by SUCh ap~icants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have flied oroper bonds. NOW. THEREFORE. 9E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: That the Manager be authorized to cause to be issued the follo~ng named applicants a Liquor License. CLASS "C"fCOMMERCIAL) BEER/LIQUOR LICENSE Sun's Corp. Yen Ching Restr 926 Main St Raysan Corp The Bddge Restr. +(Sunday Sale) 31 Locust St Aragon TaD Inc. Aragon Taw- (Sunday Sale) 1103 iowa St Passed. approvea and aaopted this 6th day of November. 2000. John Markham Mayor Pro-Tern Attest: Jeanne F. Schneider. City Clerk Buol moved aaoption of me Resolution Seconded Dy Nicho[son. Motion carried 6-0 Reqular Session, November 6, 2000 433 BOARDS/COMMISSIONS: Appointment to the following Boards/Commissions: Historic Preservation Cbmmission (Old Main District) - Applicant Audrey Hensor¢. Michalski moved that Audrey Henson be appointed to the unexpired term Which will ' expire 7-1-02. Seconded by Cline. Motion carried Michalski moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Robbins. Motion carried 2000 Sidewalk Assessment Project- Center Grove/Cedar Cross/Embassy West Dr. (Public Headng tabled from meeting of October 2, 2000). City Manager providing additional information on the 2000 Sidewalk Assessment Project and requesting Council direction, presented and read. Buol moved that the communication be received and removed Center Grove Drive from the proposed project and approved assessments on the west side of Cedar Cross Rd. Seconded by Nicholson. Motion carried 6-0. Jack Schumacher of Shinoak Ct. spoke in favor of the proposed project, Gary Pfab, 3360 Center Grove; Peggy Gruberi 3347 Center Grove; Mark Dominy, Lonnie Harem, 3369 Center Grove; Tom Zalaznik for his father Edward of 3338 Center Grove; Jeff Weber, 3450 Center Grove all spoke in opposition to the proposed project. Voluntary Annexation - Riprow Valley Project: Proof of publication on notice of public headng to consider rezoning property located east of Julien Dubuque Drive and City Manager recommending approval of a voluntary annexation request for the Riprow Valley Project, presented and read. Robbins moved that the communication be received and filed. Seconded by Nicho[son. Motion carried 6-0. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter dsscdbed property located east of Julian Dubuque Drive from County Agricultural Distdct to R-1 Single Family Residential Zoning District concurrent with annexation, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO, 96-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED EAST OF JULIEN DUBUQUE DRIVE FROM COUNTY A-I AGRICULTURAL DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT CONCURRENT WITH ANNEXATION Whereas, the City of Dubuque, property owner, has requested rezoning concurrent with annexation to the City of Dubuque in accordance with Section 2-3 of Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances; and Whereas, this request has been found to be consistenl with the Comprehensive Plan and the Future Land Use Map of the Comprehensive Plan. NOW.. THEREFORE, BE T ORDAINED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE iOWA: Section 1 That Appendix A Cf'he Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described properly from Dubuque County A-1 Agricultural Distdct to City of Dubuque R-1 Single- Family Residential District, to wit: Lot A of Government Lot 1 Section 6' Lot 4 of Fractional Government Lot 1 of Section 6 Townshio 88 North. Range 3 East of the Fifth Principal meridian n Dubuque County, Iowa: and all that )ortion of the Mississippi River bed in the Northeast Fractional Quarter of Section 6 and the Northwest Fractional Quarter in Section 5 lying north of the southerly line of Lot 1 of the Subdivision of Government Lots I and 2 in Section 5. extended easterly to the State line between Iowa and Illinois, all in Township 88 North, Range 3 East of the Fifth Princioal meridian in Dubuque County, Iowa, containing 17.579 acres. Section 2. The foregoing amendmen! has heretofore been reviewed ey the Zoning Advisory Commission of the City of Dubuque Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, aoeroved and adopted this 6th oay of November 2000. John I- Markham. Mayor Pro-Tern 434 Regular Session, November 6, 2000 Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 13th day of November. 2000. Jeanne F Schneider, City Clerk It 11/13 Robb[ns moved that the requ~rament 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 De suspended and further moved final consideration and nassage of the Ordinance. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 524-00 RESOLUTION ANNEXING CERTAIN TERRITORY Whereas, the City of Dubuque, property owner, has voluntarily petitioned for annexation of approximately 17.579 acres of property lying outside of the corporate limits of [he City of Dubuque, Iowa. as snown on Exhibit A; and Whereas Chapter 368 of the ~Code of Iowa authorizes the extension of City limits ir situations of this character by adoption of a resolution after notification as required by State regulations: and Whereas. this request has been 'ound to be consistent with the Comprehensive Plan and The Future Land Use Map of the Comprehensive Plan; and Whereas the future growth aha development of the City of Dubuque, Iowa, make it desirable that said property ne made part of the City of Dubuque. Iowa. ~lOW THEREFORE. BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1 Thattheterritodallimits of Dubuque, Iowa be. and they hereby are extended to include the property legally aescribed as Exhibit A and as shown in Exhibit B. Section 2. The territory hereby annexed shall 3ecome a Dar~ of the First Precinct of the First Ward of the Cit~ of Dubuque, Iowa. Section 3. That the City Clerk shall file this resolution, all exhibits and the netition for voluntary annexation with the State of Iowa n accordance with State regulations. Passed approved aha adopted this 6th day of November, 2000. John H. Markham, Mayor Pra-Tem Attest: Jeanne F. Schneider, City Clerk Robbins moved adootion of the Resolution. Seconded by Nicholson. Motion carried 6-0. Ingress/Egress Easement for K]auer Manufacturing Company: Proof of publication on ~otice of public hearing to consloer the disposition of real property to Klauer Vianufactur[ng Company and City Manager recommending approval of an ingress/egrass easement, ~rasented and read. Robbins moved that the Drool and communication be received and filed. Seconded by Micha[ski. Motion carried 6-0. RESOLUTION NO. 525-00 RESOLUTION DISPOSING OF INTEREST IN REAL PROPERTY BY GRANTING AN INGRESS/EGRESS EASEMENT TO KLAUER MANUFACTURING COIV PANY ADJACENT TO THE NORTH END NEIGHBORHOOD BIKE/HIKE TRAIL FROM 22ND STREET TO 32ND STREET IN THE CITY OF DUBUQUE, IOWA. Whereas. the City of Dubuoue has negosated an ingress and egress easement with Klauer Manufacturing Company adjacent to the ~Jorth End Neighborhood Bike/Hike Trail from 22nd Street m 32nd Street along the abandoned railroad right-of-way owned by the City of Dubuque, Iowa. all in the City of Dubuque. Iowa. NOW THEREFORE, 3E 7 RESOLVED 3Y THE CITY COUNCIL OF THE CiTY OF DUBUQUE. OWA: Section 1 -hat the City of Dubuque is disposing of an interest of the City of Dubuque, Dubuque County, Iowa, 'q real property Dy granting an ingress and egress easement over and across part of the abandoned railroad right-of- way from 26th Street to abutting Lots 281 ana 282. in Glendale Addition. to Klauer Manufacturing Company, 2600 Washington Street Section 2. That the City Clerk be and is hereby authorized and directec to cause notice to be published as prescribed under Section 364.7 of the Code of Iowa. Passed approved and adopted this 6th aay of November 2000. John H. Markham. Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Robbins rr~ved adoption of ~ne Resolution. Seconded by Michalski V[otion carried 6-0. Tschiggfrie Commercial - Vacating of Utility Easements: Proof of publication on notice of public headng to consider Regular Session, NOvember 6, 2000 435 the vacating of LCdlity easements on Lots 4 and 5 of Block 2 of Tschiggfde Commereial and City Manager recommending approval, ~resented and read. Buol moved that the proof and communication be received and filed. Seconded by Niche[son. Motion carded 6-0~ RESOLUTION NO. 526-00 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE UTILITY EASEMENTS OVER LOTS 4 AND 5 OF BLOCK 2 OF TSCHIGGFRIE COMMERCIAL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the Tschiggfde Excavating Company is the current owner of Lots 4 and 5 of Block 2 of Tschiggfde Commercial; and Whereas, utility easements are current, platted on each of said lots; and Whereas, Tschiggfde Excavating Company has petitioned to vacate a per, on of the easements in said iota. NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe C~yofDubuque intends to dispese of its interest in and vacate utility easements over Lots 4 and 5 of Block 2 of Tschiggfde Commercial in the City of Dubuque, as shown on the attached Exhibit A. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to be published as prescribed under Section 364.7 Code of Iow'a; 1999 or amended. Passed, approved and adopted this 6th day of November, 2000. John Markham, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk BUO[ moved adop~on of the Resolution. Seconded by Nichelson. Motion carded 6-0. Saline Street Reconstruction: Proofs of publication on notice of headng on plane and specifications and notice to bidders on the receipt of bids for the Saline Street Reconstruction Project and City Manager recommending award of the contract to Portzen Construction in the amount of $458,069.80~ presented and read. Cline moved that the proofs be received and filed. Seconded by Nicholson. Motion carded 6.0. Richard Wertzberger, representing L & I Building Company and Bdan Kane, representing Freedom, Inc. spoke in opposition to the project. Mike Portzen and Mike Walters spoke in favor of the project. RESOLUTION NO, 627-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 27th day of September, 2000, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Salina Street Reconstruction Project. Whereas, notice of 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 6th day of November, 2000. John H. Markham, Mayor Pro-Tem Attest: Jeanne F; Schneider; City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO. 528-00 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Saline Street Reconstruction Project pursuant to Res01ution No. 383-00 and notice to bidders published in a newspaper published in the City of Dubuque; Iowa on the 13th and 20th days of October, 2000. Whereas, said sealed proposals were opened and read on the 26th day of October 2000, and it has been determined that the bid of Pod:zen Construction, Inc. of Dubuque, Iowa, in the amount of $458,069.80 was the lowest bid for the furnishings of ail 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 Portzen Construction, Inc, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance efthework. 436 Regular Session, November 6, 2000 BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond the City Treasurer is authorized and instructed to return the bid deocaits of the unsuccessful bidders. Passed. approved and adopted this 6th day of November 2000. John H. Markham, Mayor Pra-Tem Attest Jeanne F. Schneider, City Clerk Cline moved aoopfion of the Resolution. Seconded by Nicholson. Vlotion carded 6-0. RESOLUTION NO. 529-00 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE SAUNA STREET RECONSTRUCTION PROJECT Whereas the City Council has proposed a Resolution of Necessity for the Salina Street Reconstruction Project has given notice of the public heating thereon as required by law; and Whereas, the public headng has been ne[d, 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 2roposed Resolution of Necessity described above is hereby: X Adopted, without amendment, and all objections filed or made having been duly considered are overruled. Passed, adopted and approved this 6th aay of November, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by ~licholson. Motion carded 6-0, Water Department - Supervisory Control and Data Acquisition System: Proofs cf publication on notice of heanng on a~ans and specifications and notice to bidders on the receict of b~ds for the Supervisory Control and Data Acquisition System Project ano City Manager recommending award of me contract to Miller Electhc Supply, nc. in the amount of $232,999.00, presented and read. Viichalski movec that the Droofs and communication be "eceived ano filed. Seconded Dy ~tobbins. Motion carded 6-0. P. ESOLUTION NO. 630-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 6th day of October, 2000 specifications form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for tne fabrication of a new Supervisory i Contral and Data Acquis~on System located at the Eagle Point Water Plant, 1902 Hawthorne Street. and its satellite locations in Dubuque, lo,va. Whereas, notice of headng on specifications form of contract and estimated cost was published as reauired by aw. NOW THEREFORE. BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The said specifications, form of contract and estimated cost are hereby approved as the specifications form of contract and estimated cost for said improvement for said project Passed. approved and adopted this 6th day of November, 2000. John H. Markham, M~yor Pro-Tern Attest: Jeanne F. Schneider. City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carded 6-0. RESOLUTION NO. 531-00 AWARD OF CONTRACT Authorizing the City Manager to execute a contract with Miller E ecthc Supply of Dubuque, owa for the fabricatton of a new Supervisory Control ana Data AcauisitJon System project Whereas the Water Department Supervisory Control and Data Acquisition System Project has been budgeted; and Whereas Miller Electric Supply of Dubuque, iowa nas submitted to rne City an agraemenr to conduct fabrication services of this improvement n the amount of $232.999 dollars Whereas Funds have been legally appropriated for this expenditure. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE iOWA: Section 1 That the City Manager De authorized to execute rne agreement for fabrication services with Miller Electric Supply of Dubuque. iowa dated October 24, 2000 for the fabrication of the Water Department Supervisory Control and Data Acquisition System ReqUlar Session, NovemDe~ $, 2000 437 Passed, approved and adopted this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Attest Jeanne F. Schneider, City Clerk Micha[ski moved adoption of the Resolution. Seconded by Robbins. Motion carded 6-0~ Eagle Point Water Plant - Chlodne Feed Room Expansion Project Proofs of publication on notice of headng on plans and specs and notice to bidders on the receipt of bids for the Eagle Point Water Plant CModne Feed Room Expansio~ Project, and City Manager recommending award of the contract to Portzen Construction in the amount of $115,649.00, presented and read Robbins moved that the proofs and communication be rece'rved and filed. Seconded by MichalskL Motion carded RESOLUTION NO. 532-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas. on the 6th day of October, 2000 plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the construction of a 935 sq. ff. room located at the Eagle Point Water Plant, 1902 Hawthorne Street. Dubuque Iowa. Whereas, notice of headng on plans, specifications, form of contract and estimated cost was published as required by law. NOW THEREFORE. BE IT RESOLVED BY THE CiTY COUNCIL OF DUBUQUE, IOWA: Section 1. The said plans, specifications, form of contract and estimated cost are hereby approved as the plans specifications, form of contract and estimated cost for said improvement for said project. Passed, approved and aeepted this 6th aay of November. 2000. John H. Markham. Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Michalski. Motion carded RESOLUTION NO. 533-00 AWARD OF CONTRACT Authorizing the City Manager to execute a contract with Portzen Construction Company of Dubuque, [owe for the construction of the Chlorine Feed Room Expansion project. Whereas, the Eagle Point Water Plant Chlodne Room Expansion Project has been budgeted; and Whereas, Podzen Construction Company of Dubuque, Iowa has submitted to the City an agreement to conduct construction senAces of this improvement in the amount of $115,649.00 dollars; and Whereas, Funds have been legally appropdat~dem' for this expenditu re. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE. IOWA: Section 1. That the City Manager be authorized to execute the agreement for construction services with Podzen Construction Company dated October 24, 2000 for the construction of the Eagle Point Water Plant Chlorine Room. Passed. approved and adopted this 6th day of November, 2000. John H. Markham. Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Robbins moved adop~on of the Rssolution. Seconded by Michalsld. Motion carded 6-0. Water Department - Pennsylvania Pump Station: Proofs of publication on notice of headng on plans and specs and notice to bidders on the receipt of bids for the Pennsylvania Pump Station Project, and City Manager recommend- ing award of rne conTracT to Per, zen Construction for $326,111.00. presented and read. Buol movedthat the 2roofs and communication De received and filed. Secondec by Nicholson. Motion carded RESOLUTION NO. 534-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas. on the 2nd day of October, 2000 plans, specifications, form of contract and estimated cost were ~led with the City Clerk of Dubuque, iowa for the construction of a 1242 sq. ft. building with pumps and equipment located at 4136 Pennsylvania Avenue Dubuque, Iowa; and Whereas, notice of hearing on plans. specifications, form of contract and estimated cost was published as required by [aw NOW. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The - said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said 438 Re§ ular Session, November 6, 2000 imorovement for said project_ Passed, approved and adopted this 6th day of November. 2000. Johrr H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Buol moved aQoptio~ of the Resolution. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO. 535-00 AWARD OF CONTRACT Authorizing the City Manager to execute a contract with Portzen Construction Company of Dubuque, iowa for the construction of the Pennsylvania Pump Station Project; and Whereas= the Pennsylvania Pump Station Project has been budgeted; and Whereas, Portzen Construction Comaany of Dubuque, Iowa has submi~ed to the City an agreemen[ m conduct construction se~lces of this tmprovement in the amoum of $326 111.00 dollam; and Whereas, funds have been legally appropriated for this expenditure. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe City Manager be authorized to execute the agreement for construction services with Portzen Construction Company of Dubuque, owe dated October 24, 2000 for the construction of the Pennsylvania Pump Station. Passec. approved and adopted this 6th day of November. 2000. John H. Markham. Mayor Pro-Tern Attest: Jeanne F. Schneider, City C~erk Buol moved adc3tion of the ;~,esolution. Seconded by NichoIson Vlotien carded 6-0. Buol movec that [ne rules De reinstated limiting discussion to the Council. Seconded by Cline. Motion camed 6-0, 623 - 627 Arlington - Appeal of Histodc Preservation Commission Decision: Histodc Preservatior Commission submitting informatior regarding the appeal of the Commission's decisio~ for property located at 623-627 Arlington, presented and read, Terry Mozena of the Histodc Preservation Commission seoke of the sequence of events and their decision Attorney Bill Cenzett for Ms. Bechen and Mr. Woods. applicants, spoke and requested that me HPC decision De reversea Michalski moved that it be resolved to uphold the decision of the Historic Preservation Commission. Seco'~ded oy Buol. Motion carded 6-0. Oak Meadows I - Water Main Connection Fee: City Manager submitting response to Jim Stock's request regarding a $1,295 connection fee ca his Oak Meadows II project, presented and read. Mr. Stock explained that this bill received 10 years after the connection was not fair and he had been led to believe this would never be c. harged. Nicholson moved to receive and file the communication and to absolve Mr. Stock from paying the connection fee. Seconded by Buol. Carded by the following vote: Yeas--Cline, Niche[son, Robbins, BuoL Nays--Markham. Micha]ski. Barge Fleeting: City Manager submitting information on barge fleeting and requesting City Cound] direction communication of Waiter Hartman Dubuque County Conservation Society, in opposition to the proposa~ to relocate barge fleeting to the southeast poYdon of SchmittJCity Island. presented and read. Micha[ski moved to receive and file all pemnem information received and gave direction to staff to prepare RFP for barge fleeting in select areas of the Mississippi River ane hold public hsadng on 12/4. Seconded Dy Buol. Motion carded 6-0. Comorehensive Plan Update: Long Range Planning Commission providing a progress repor~ on the 2000 update of the Comprehensive Plan aha the joint City/County planning process for fringe area growth and development. oresemea and read Dr. Mary Lynn Neumeister. Chair of the Long Range Planning Commission. gave a verbal progress report. Robbins moved that [ne communication be receivec and filed. Seconded by Nicholson. Motion carded 6-0. Downtown Comprehensive Plan Process: City Manager transmitting the recommendations of the Long Range Planning Advisory Commission regarding the Downtown Comprehensive Plan orocess aha communication from the Board of Directors of [he Dubuque Area Chamber of Commerce regarding [ne Downtown Comprehensive Plan oresented and read. Michalski moved Reqular Session, November $i 2000 439 that the communications be received and filed. Seconded by Cline. Motion carded 6-0. Burbach Charffab]e Contfibufion: City Manager recommending that the C~, accept the offer of Cad J: And Mary Ann Burbach to donate Lot 22 of Sunset Park Eighth Add,on for park purposes, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 6-0. No Parking Zone - Hawthorne Street City Manager recommending that the "No Parking' zone in front of the Eagle Point Water Plant be modified, presented and read. Nicholson moved that the communication be received and filed and chose Option No. 2, not allowing any truck or trailer parking. Seconded by BuoL Carried by the following vote: Yeas--Markham, Michalski, Nicholson, Robbins, Buol, Nays---Cline. Mark Kohn and Steve Meyers spoke requesting that the No Parking zone be ~minated. Amendment to the ]ce Harbor Urban Renewal Distdct City Manager recommending approval of an amendment to the Ice Harbor Urban Rene~vai District, presented and read. Michalski moved that the communicafion be received and filed. Seconded by Nicholson. Motion carded 6-0. An Ordinance Amending Ordinance No. 66-89, and providing that general property taxes levied and collected each year on ail property located within the Ice Harbor Urban Renewal District, as amended, of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special .fund for payment of princi?al and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection ~vith the Amended and Restated Urban Renewal Plan for the Ice Harbor Urban Renewal District, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 97-00 AN ORDINANCE AMENDING ORDINANCE NO; 66-89, AND PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE ICE HARBOR URBAN RENEWAL DISTRICT, AS AMENDED, OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA~ BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE ICE HARBOR URBAN RENEWAL DISTRICT Whereas, the City Council of the City of Dubuque, Iowa, has heretofore, in Ordinance Ne. 66-89, provided for the division of taxes within the Ice Harbor Urban Renewal District, pursuant to Section 403.19 of the Code of Iowa; and Whereas, add,anal territory now has been added to the Ice Harbor Urban Renewal Disthct; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is anficipatad to be incurred in the future, to finance urban renewal project activities within the Ice Harbor Urban Renewal District, as amended, and the continuing needs of redevelopment within the [ce Harbor Urban Renewal District, as amended, are such as to require the continued applicafion of the incremental tax resources of the Ice Harbor Urban Renewal District; and Whereas, the following enactment is necessary to accomplish the objectives ; described in the premises. NOW, THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA, THAT: Ordinance No. 66-89 is hereby amended to read as follows: Section 1. For purposes of this Ordinance, the following terms shall have the following meanings: (a) Original Project Area shall mean that portion of the City of Dubuque, Iowa described in the Urban Renewal Plan for the Ice Harbor Urban Renewal District approved by Resolution No. 440 Regular Session, November 6, 2000 403-89 on December 18 1989, which Original Project Area includes the lots and parcels located within the area legally described as follows: that area generally bounded on me nor[h by me public alley located between the vacated Fourth Street and Third StreeL on the west by the Chicago, Central and Pacific Railroad right-of-way, on the south by East First Street and on the east bythe municipal limits of the City of Dubuque Iowa and including any adjoining public fight-of- /cay. (b) Additional Proiect Area shall mean that portion of the City of Dubuque, lo/ca dsscfibed as "Subarea B" in the Amended and Restated Urban Renewal Plan for the Ice Harbor Urban Renewal District approved by Resolution No. 241-00 on June 5, 2000, which Add~onal Project Area includes the lots and parcels located within the area legally dsscfibed as follows: that area generalJy bounded on the north and west by the Chioago. D~ntral and ~acific Railroad fight-of-/cay on me south by the northerly boundary of the Original Project Area and on the east bythe municipal limits of the City of Dubuque iowa (excluding Lot 1 Adams Co.'s 2nd Addition) ano including any adjoining public right-of- way (c) Amended Proiect Area shall mean that podJon of the City of Dubuque, Iowa included within the Original Project Area and the Additional Project Area. which Amended Project Area inc[udss the lotS and parcels located within the area legally descF'bed as follows: that area generally bounded on the north and west by the Chicago, Central anc Pacific Railroad fight-of-way, on the south by East First Street and on the east by the municipal limits of the City of Dubuqde Iowa anc including any adjoining public fight-of-way. Section ~, The taxes levied on the taxable property in the Amended Project Area. legally described in Sect]on 1 hereof, by and for the benefit of the State of Iowa. City of Bubuque, County of Dubuque Dubuque Community School District ano all other taxing disthcts from and after the effective aa~e of this Ordinance shall be o~vided as hereinafter in this Ordinance orovided Section 3. As to the Original Project Area. that 9or[~on Df the taxes which would be produced by the rate at which the tax is levied eacr year By or for eacn of the taxing district [axing property n the Odginal Project Area upon the total sum of the assessed value of the taxable property in the Original Project Area as shown on the assessment roll as of Januaw 1, 1988, being the first day of the calendar Year preceding the effective date of Ordinance No 66-89. shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other groperty taxes are paid. The taxes so determined shall be referred herein as the "base period taxes" for such area. As to the Additional Project Area, eased period taxes shall be computed in the same manner using the total assessed value shown on the assessment role as of January 1, 1999, being the first day of the calendar year greceding the effective aa~e of this Ordinance. Section 4. That portion ofthetaxes each year in excess of the base period taxes for the Amended Project Area. determined for each sub-area thereof as grovided in Section 3 of this Ordinance, shall be allocated to ana when collected be paid into the seecial tax increment fund previously established by the City of Dubuaue pay the principal of an¢ interest on loans, monies aavancea to. or indebtedness, whether funded refunded, assumed or otherwise including bonds issued unaer authority of Section 403.9 or Section 403.12 of the Code of Iowa ncurred by the City of Dubuque, ~owa ro finance or refinance n whole or ~n par[. urban renewal projects undertaken within the Amended Project Area pursuant to the Amended anc Restated Urban Renewal Plan for the Amended Project Area, except that taxes for the paymen[ of bonds and interest of each taxing distdct shall be collected against all taxable property within the Amendec Project Area w~thout any limitation as hereinabove erovided. Section 5. Unless or until the total assessed va ua'don of the taxable property in the area of the Amended Project Area exceeds ti3e assessed value of the taxable property in said areas snown o~ [ne assessmen[ rolls referred to in Section 3 of this Ordinance, al of the taxes lowed ano collected upon the taxable 9roper[y me Amended Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as Reqular Session, November 6; 2000 441 all other property taxes. Secfion 6 At such time as the loans, monies advanced, bonds and interest thereon and indebtedness of the City of Dubuque referred to in Secfion 4 hereof have been paid, all monies thereafter received from taxes upon the taxable* property ia the Amended Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7, All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be cormbued so as to continue the dMsion of taxes from property within the Odginsi Project Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance No. 66-89, and to fully implement the provisions of Section 403~19 of the Code of Iowa w~h respect to the division of taxes from property within the Additional Project Area as descdbed above. In the event that any provision of this Ordinance shall be determined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Amended Project Area and the terdthry contained therein. Section 8, This Ordinance shall be in effect affer its final passage, approval and publicafion as provided by law, Read first time: November 6, 2000 Read second time: Waived. Read third time: Waived. Passed, approved and adopted this 6th day of November, 2000. John H~ Markham, Mayor Pro-Tern Attest: Jeanne F, Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 13th day of November, 2000. Jeanne F, Schneider, City Clerk It 11/13 Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance, Seconded by Nichelson, Motion carried 6-0, Owner-Occupied Affordable Housing Committee: City Manager submitting proposed process and participants for the Owner-Occupied Affordable Housing Committee, presented and read. Robbins moved that the communication be received and filed and concurred with th,e proposed process. Seconded by Buol. Motion carded 6-0. Legis!ative Positions for 2001 Legislative Session: City Manager subm~ng the City's legislative positions for the 2001 Legislative Session, presented and read, Buol moved that the communication be received and filed and approved submission. Seconded by Michalski. Motion carded 6-0; Council Member Reports: Nicholson ~requested that consideration of a salary increase for the Mayor and Council Members be put on the next Council Agenda. Fischer Cold Storage Warehouse Asbestos Abatement Project: City Manager submitting documents providing for the Fischer Cold Storage Waraheuse Asbestos Abatement Project and setting a public headng for November 20, 2000, presented and read. Michalski moved that the communication be received and filed. Seconded by BuoL Motion carried 6-0. RESOLUTION NO. 536-00 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, and form of contract for the Fischer Cold Storage Warehouse Asbestos Abatement Project, are hereby approved and ordered flied in the office of the City Clerk for public inspection. Passed, adopted and approved this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by BUoL Motion carried 6-0, RESOLUTION NO. 537-00 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approvaI on the proposed plans; specifications, and form of contract and placed same on file in the 442 Regular Session, November 6, 2000 office of the City Clerk for public nsoection of the Fischer Cold Storage Warehouse Asbestos Abatement Project NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: - That on the 20th day of November, 2000. a public headng will be heJd at 6:30 p.m. ~n the Public Library Auditorium at which time interested Demons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such headng to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days pdor to the day fixed for its consideration. At the nearing, any interested pemon may appear and file objections to the ~repesed plans, specifications= contract, or estimatec cost o~ the improvement Passec. adopted and approved this 6'th day of November, 2000. John H. Markham. Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Michaiski moved adoption of the Resolution and set for Public Headng for November 2C. 2000 at 6:30 P.M. the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded Dy BUOl Motion carried 6-0. RESOLUTION NO. 538-00 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED 3Y THE COUNCIL OF THE CITY OF DUBUQUE OWA: That the Fischer Cold Storage Warehouse Asbestos Abatement Project is hereby ordered re be advertised for bids for construction. BE IT FURTHER RESOLVED that the amount of the security accompany each bid shall be n an amount which shall conform re the provis~ons ef the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directe~ to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper hawng genera circulation in the City of Dubuoue. Iowa, which notice shal nor be less than four days nor more than forty-five days edor to the receipt of said bids at 2:00 p.m. on the 17th day of November 2000, Bids shal be openea and read by the City Clerk al said time and will be submitted to the Council for final a~on at. 6:30 p.m. on the 20th day of November. 2000. Passed. adoeted aha approved this 6th day of November. 2000 John H. Markham, Mayor Pre-Tern Attest: Jeanne F. Schneider. City Clerk Michalski moved adoption of the Resolution Seconded by Buol. Motion carded 6-0. Crescent Ridge - Request to Vacate: City Manager recommending that a public headng be set for November 20 2000 m consider disposing of rea[ property and Attorney David Clemens representing Larry and Sharon McDermott. requesting that a portion of Crescent Ridge Road be vacated, presented and read. Buol moved that the communication De received and ~led. Seconded by Niche]son. Motion carded 6-0. RESOLUTION NO. 539-00 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF CRESCENT RIDGE ROAD RIGHT-OF- WAY Whereas, there has been presented to the City Council of the C~ of Dubuque, Iowa a plat dated October 18 2000. prepared by Buesing & Associates. describing the proposed vacated portion of Crescent Ridge Road right~of-way; and Whereas. said plat conforms [o the aws and statutes pertaining thereto. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CtTY OF DUBUQUE. iOWA: Section 1 That the plat datec October 18, 2000 prepared by Buesing & Associates relative to the real estate nerainabove described be and the same is ~ereoy aooroved, and the Mayor and City Clerk be and they are hereby authorized and directed te execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the Cit~ Clerk be anc is hereby authorized and directed to file said clat and certified copy of this resolution in the office of the Recorder. in and for Dubu.que County, iowa. Passed approved and adc sted this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, Cit,' Clerk Buol moves adoetion of the ~esolution Seconded by Nicholsor ~4otion carried 6-0. Reqular Session, November 6; 2000 443 An Ordinance vacating a portion of Crescent Ridge Road right-of-way, presented and read. {OFFICIAL PUBLICATION) -ORDINANCE NO. 98-00 ORDINANCE VACATING A PORTION OF CRESCENT RIDGE ROAD RIGHT- OF-WAY Whereas, McDermott Real Estate has requested the vacating of a portion of Crescent Ridge Road right-of-way; and Whereas; Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated portion of Crescent Ridge Road dght- of-way and assigned lot numbers thereto, which hereinafter shall be known and described as Lot F of Mineral Lots 232 and 291, in the City of Dubuque, Dubuque County, Iowa; Whereas, the City Council of the City of Dubuque, Iowa has determined that a portion of Crescent Ridge Road right- of-way is no longer required for public use, except for utility easements as noted, and vacating of said portion of Crescent Ridge Road right-of-way, known as Lot F of Mineral Lots 232 and 291 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot F of Mineral Lots 232 and 291 in the Cby of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 6th day of November, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 13th day of November, 2000. Jeanne F. Schneider, City Clerk It 11/13 Buo[ moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 540-00 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT F OF MINERAL LOTS 232 AND 291, IN THE CITY OF DUBUQUE, IOWA Whereas, the McDermott Real Estate has requested the vacating of a portion of Crescent Ridge Road right- of-way. Whereas, Bussin§ & Associates has prepared and submitted to the City Council a plat showing the vacated a portion of Crescent Ridge Road right- of-way and assigned lot numbers thereto, which hereinafter shall be known and described as Lot F of Mineral Lots 232 and 291 in the City of Dubuque, lo'va'; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Crescent Ridge Road right-cf-way is no longer required for public use, and vacating and sale of said portions of Crescent Ridge Road known as Lot F of Mineral Lots 232 and 291 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. Thatthe City of Dubuque intends to dispose of its interest in Lot F of Mineral Lots 232 and 291 in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot F of Mineral Lots 232 and 291 in the City of Dubuque, Iowa to the McDermott Real Estate be contingent upon the payment platting, publica'don and filing fees. Section 3. 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 6th day of November, 2000. John Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City CIerk Buol moved adoption of the Resolution and further set this for Public Headng on 11/20/00 at 6:30 P.M. in the Public Library Auditodurn and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carded 6-0. At 9:46 P.M. Michalski moved to go into Closed Session re: Pending Litigation and Property Acquisition (Iowa Code §21.5(1)(c)(j). Seconded by Robbins. Motion carried 6-0. At 9:58 P.M. Council reconvened Regular Session stating that Staff had been given proper direction. There being no further business, Suol moved to adjourn. Seconded by Nicholson. Motion carried 6-0. The 444 Regular Session, November 6, 2000 mee~ng adjourned at 9:59 P.M. Is/Jeanne F. Schneider City Clerk / 2001 Reqular Session, Novernlset 20, 2000 ~.45 DUBUQUE CITY COUNClL OFFICIAL PROCEEDINGS City Council, Regular Session, November 20, 2000 Council met in Regular Session at 6:30 P.M. in the Public Library Auditodum Present: Mayor Duggan, Council Members Buel, CIine, Markham, Michaiski, Nishelson, 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 propedy come before the Council. Invocation was given by Father Craig Welbaum, Pastor of St. John's Episcopal Church. Proclamation: Thanks and Gratitude to Sister Mary Martensen received by her sister, Betty Mauser. William McNarney, Department of Housing and Urban Development, presented two "Best Practices" Awards to the Housing Services Department. Minutes Submitted: Environmental Stewardship Advisory Commission of 11/7; Histedc Prese~ation Ordinance Task Force of 11/2; Housing Commission Trust Fund Committee of 11/2; Housing Code Appeals Board of 10/17; Human Rights Commission of 10/9; Investment Oversight Advisory Commission of 10/16; Zoning Board of Adjustment of 10/'26, presented and read. Buol moved that the minutes be received and filed. Seconded by Nichoison. Motion carded 7-0. investment Oversight Commission Quarterly Report, presented and read. Buol moved that the communication be received and filed. Seconded by Nichelson. Motion carried 7-0. Finance Director Kenneth' TeKippe submi~ng the financial report for month ending October 31, 2000, presented and read. Buel moved that the repo~t be received and tiled. Seconded by Nichoison. Motion carded 7-0. Proof of Publication of Council Proceedings for 10/16; List of Claims and Summary of Revenues for Month Ending 10/30/00, presented and read. Buoi moved that the proofs be received and filed. Seconded by Nichoison. Motion carded 7-0. Notice of Claims/Suits: Grace Brade in undetermined amount for personal injuries; Florence Hird in estimated amount of $59.15 for property damage; Ged Ryan in undetermined amount for personal injuries; Kdsten Smith in estimated amount of $2,606.53 for vehicle damage, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Nichoison. Motion carded 7-0. Corporation Counsel advising the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the iowa Communities Assurance Pool: Shidey Ell[orr for ~ersonal injuries; Dorothea Tschiggfde for property damage, presented and read. Buol moved that the communications be received and filed and concurred with the referrals. Seconded by Nisholson. Motion carded 7-0. Plumbing Board: Building Services Manager Rich Ruesell advising of an upcoming vacancy (Leonard Rhomberg) on the Plumbing Board, ~rasentad and read. Buol moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 7-0. Section 8 Staf~ng Request: City Manager recommending approval of increasing the part-time secretadal position in the Housing Services Section 8 AcUity to full-time status, 3rssentad and read. Buel moved that the communication be received and tiled and concurred with the recommendation. Seconded by Nishelson. Motion carded 7-0. 1999 Sidewalk Assessment Project: City Manager recommending approval of the tinal special assessment schedule for the 1999 Sidewalk Inspection Program, presented and read, Buo] moved that the communication be received and tiled. Seconded by Nicholson. Motion 446 Regular Session, November 20, 2000 carded 7-0. RESOLUTION NO. 541-00 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR 1999 SIDEWALK REPAIRS INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessmems and accompancng plat showing the assessments proposed to be made for the 1999 Sidewalk Assessment Project, which schedule was filed in the office oft*he City Clerk on the 15th day of November, 2000, that said schedule of assessments be ane the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied condifionally against the respective ureper~es benefitted by me improvements as shown m the schedule, subject to the provisions of Section 384.63. Code of Iowa. Said assessments against said lots are hereby declared to be in propo~on to the special benefits conferred and not in excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to certify said schedule [o me County Treasurer of Dubuque County, Iowa, and to publish notice of said certificatio~ once each week for two consecutive weeks in the manner provided in Section 362.3. the first publication of which shall be not more than fifteen days from the date of filing of the final schedule On or before the date of the second publicafion of the notice, ti~e City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessmen[, as provided and directed in Section 384.60 of the Code of Iowa. That assessments may De paid in full or ~n part without interest a[ the office of the County Treasurer, at any fime within 30 days a/ter the date of the first publicafio~ of this notice of the filing of the final schedule of assessments with the County Treasurer. After 30 days unpaid assessments of $50.00 or more are payable in 10 annual installments and will draw annual interest au nine (9) percent (commencing on the date of acceptance of the work} computed to the December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa Each nstallment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually n advance. Passed, approved and adopted this 20th day of November, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk NOTICE OF FILING OF THE FINAL SCHEDULE OF ASSESSMENTS AGAINST ABUTTING PROPERTIES FOR THE 2000 SIDEWALK REPLACEMENT ASSESSMENT PROJECT WITHIN THE CITY OF DUBUQUE. IOWA TO THE PROPERTY OWNERS OF THE FOLLOWING ABU~CFING PROPERTIES FOR THE 2000 SIDEWALK REPLACEMEN- PROJECT WITHIN THE CITY OF DUBUQUE. IOWA: Consisting of the abutting properties which are described as follows: LEGAL DESCRIPTION FINAl ASSESS Herbert J. & Judith A. Hoffmann Lot 2-1-1', Lot 1-2-2-11 and Lot 2-2-10 WulM'eber Subdivision $697.30 Dana Giancola W 1/2 of Lot 304-305 Woodlawn Park Addition $698.28 John Churchill & Margaret Thoma Lot 204-208 Glendale $292.79 James E. & Karen J. Brady Lot 3 Newberry and Hales Subdivision $138.69 Douglas & Gretchen Potter Lot 1-26 S,M. Langs Addition $138.07 Michael D. & Sharon A. Beadle Lot 2-2 C[eminsons Subdivision $061.64 Patdck J. & GIodann Egan N. 50' of N 1/2 of W 1/2 of Lot 24 Mt. Pleasant $508.53 Sally Jo Herrig Lot 1 Sullivan Subdivisio~ $520.09 Reqular Session, November 20i 2000 447 T~mothy P. Swift & Pamela Stalken Lot 2-3 Mineral Lot 31 $123.28 Dennis & Deborah V~ertel Lot 2-1-1-1~ of Mineral Lot 28 $184.92 Charlotte A~ Wolff Lot 194 Finley Addition $138.69 Philip A. & Mary M. Ft[zgibbons Lot 2 Block 15 Green Acres Subdivision $061.64 Steven J. & Paula J. Cook S. 1/2 - NM 115 of City Lot 494 $577.88 Leslie [_ & Gloria J. Potter S. 1.2 Let 32 East Dubuque AddiSon $192_63 Gary E. & Susan M. Bay S. 1/2 S. 1/5 City Lot 490 $096.31 Firstar Bank Shims Place $951.57 Joseph & Janice Hea~y Lot 2-2-E 1/2 Lot91 E. DBQ Add $970.83 Joseph H?ly N. 25 Lot 2-94 Langworth~s Add,on $385.25 Kada K. Schramm S. 30' S 1,'2 Lot 1 of 1-4-97 and 5-47 LH Langworthy's Add. $061 John NomeJlini E 35' of Let 84, L.H. Langworthy's Add. $154.10 Kenneth Haugen Lot 2-170 and Lot 2-2-1-171 L.H. Langworthy's Add. $061.64 TOTAL ASSESSMENTS $7,015.77 You are hereby notified that the final schedule of assessments against benefited properties within the District described as the 2000 Sidewalk Replacement Assessment Project, has been adopted and assessments confirmed and levied by me City Council of Dubuque, Iowa, and that said schedule of assessments has been certified to the County Treasurer of Dubuque County, Iowa. You are further notified that assessments may be paid in ful[ or in part without interest at the office of the County Treasurer, at anytime within 30 days after the date of the first publication of this not, ce of the filing of the final plat and schedule of assessments with the County Treasurer, which occurred on the 1st day of December, 2000. Unless said assessments are paid in full within said 30 day pedod (through Wednesday, January 3, 2001) all unpaid assessments will draw annual interest computed at 9% percent (commencing on the date of acceptance of the work) computed to the December 1st next following the due dates of the respective installments. Each installment ,MIl be delinquen[ on September 30 the following its due date on July 1st in each year. Property owners may elect to pay any annual installments semianr~aliy in advance. AJI properties located within the boundaries of the 2000 Sidewalk Replacement Assessment Project above descdbed have been assessed for the cost of making said improvements, the amount of each assessment and the amount of any conditional deficiency assessment having been se[ out in the schedule of assessments accompanyin~ the same, which are now on file in the office of the County Treasurer of Dubuque County Iowa. For further information you are referred to said schedule of assessments. This notice given by direction of the City Council of the City of Dubuque, iowa, as prescribed by Code Section 384.60 of the City Code of Iowa. Is/Jeanne F. Schneider City Clerk Buol movec adoption of the Resolution. Seconded by Nichoison. Motion carried 7-0. Elm Street Sanitary Sewer ] Reconstruction Project - Acceptance: City Manager recommending acceptance of the Elm Street Sanitary Sewer Reconstructio~ Project in the final amount of $109.510.43, presented and read. 9uo[ moved that the communication ~e received and filed. Seconded by Nicholson. Motion carded 7-0 RESOLUTION NO. 542-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Elm Street Sanitary Sewer Reconstruction has been completed and the City Manager has examined the work and tiled his ced~cata stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanitary Sewer Construction Fund m amount equal to the amount of this 448 Regular Session, November 20, 2000 contract, less any retained percentage Drevided for therein. ~assed. approved and adopted this 20th day of November, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0 RESOLUTION NO. 543-00 FINAL ESTIMATE Whereas, the contract for the Elm Street Sanitary Sewer Reconstruction has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection anc all miscellaneous 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 ro ~e $109= 510.43 and the said amount sha~l be paid from Sanitary Sewer Construction Fund of the City of Dubuque, Iowa. Passed approved and adooted this 20th day of November, 2000. Terrance M. Duggan, Mayor At[est: Jeanne F. Schneider, City Clerk Buol movec adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Fengle[ and Kerper Intersection Project - Acceptance: City Manager recommending acceptance of the Fengler and Kerper Intemecfion Project in [ne final amount of $288.346.16, presented and read. Buol moved that the communication be received and tiled. Seconded by Nicholson. Motion carried 7~0. RESOLUTION NO. 544-00 ACCEPTING IMPROVEMENT Whereas. the contract for the Fengler and Kerper Intemection ~reject has bee~ completed and the City Manager has examined the WOrK and tiled his ce~ficate stating that the same has been completed according to the terms of the contract Diane and specifications and recommenas its acceptance NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. Thatthe recommendation of the City Manager be approved and [hat said improvemen[ be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to ~ay to the contractor from the Road Use Tax Funds in amount equal to the amoun[ of this contrac~ [ess any retained percentage provided for therein. Passed. approvea and adopted this 20th day of November. 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buol moved adoption of the Resolution. Seconded by Nicholsor.. Motion carded 7-0. RESOLUTION NO. 545-00 FINAL ESTIMATE Whereas. the contract for the Fengler and Keroer Intersection Project has been completed and the City Engineer has submitted qis final estimate snowing the cost thereof including the cost of estimates notices and nspection and all miscellaneous cos[s: 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 $300.786.53 and the said amount shall be paid from the Road Use Tax Funds of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of November. 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved aooption of the Resolution. Seconded by Nicholson. Motion carded 7-0. Sanitary Sewer Reconstruction Project - Alley Between Rhomberg and Gar~eld - Acceptance: City Manager recommending acceptance of the Sanitary Sewer Reconstruction Project in the Alley between Rhomberg and Garfield in the final amount of $109,137.08 presentec and read Buol moved that the communication be received and filed Seconded by Nibholson. Motion carded 7-0. RESOLUTION NO. 546-00 ACCEPTING IMPROVEMENT Whereas. the contract for the Sanitary Sewer Reconstruction Project -Alley between Rhomberg and Garfie~c from Stanton ro Shires nas Been completed and the City Manager nas examinec the WOrK and filed his certificate stating that the same has Reqular Session, November 20, 2000 been completed according to the terms of the contract. Diane and specifications and recommends [ts NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanitary Sewer Construction =und n amount equal to the amount of this contract less any retained pementage provided for therein. Passec approved and adopted this 20th day of November. 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Duo moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 547-00 FINAL ESTIMATE Whereas, the contract for the Sanitary Sewer Reconstruction Project -Alley between Rhomberg and Garfield from Stanton to Shires has been completed and the City Engineer has submitted ~is final estimate showing the cos[ thereof including the cost of estimates, notices and inspection and all miscellaneous costs; ~lOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $109,137.08 and the said amount shall be paid from Sanitan/ Sewer Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of November 2000. Terrance Vl. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Duel moved adopfion of the Resolution. Seconded by Nicholson. Motion carried 7-0. Cox Street Storm Sewer :~ehabilitation Project - Acceotance: City Manager recommending acceptance of the Cox Street Storm Sewer Rehabiltiation Project ih the fina amount of $37,899.40, 2resented and read. Duel moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 548-00 ACCEPTING IMPROVEMENT Whereas the contract for the Cox Street Storm Sewer Rehabilitation has been completed and the 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 ~4OW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE iT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Storm Sewer Construction Fund in amount equal to the amoure of this contract, less any retained percentage provided for therein. Passed, approveo and adoated this 20th day of November, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Duel moved adoption of the Resolution. Seconaea by Nicholson Motion carried 7-0. RESOLUTION NO. 549-00 FINAL ESTIMATE Whereas, the contract for the Cox Street Storm Sewer Rehabilitation has been completed and the City Engineer has submitted qis final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs: NOW THEREFORE. BE iT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1 That the cost of said improvement is hereby determined to be $37,899.40 and the said amount shall be paid from Storm Sewer Construction Fund of the City of Dubuque. Iowa. Passed, approved and adopted this 20th day of November. 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Duel moved aoootion of the Resolution. Seconded by Nicholson. Motion carried 7-0. Adams Addition Sanitary Sewer Extension - Acceptance: City Manager recommending acceptance of the Adams Addition Sanitary Sewer Extension Project in the final amount of 450 Regular Session, November 20, 2000 $52 622.24 and approval of the final assessment schedule, presented and read. Buo moveo that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 550-00 ACCEPTING IMPROVEMENT Whereas, [he contract for the Adams Addifion Sanitary Sewer Extension 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 ts acceetance. NOW, THEREFORE BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed [o pay to the contractor from the Sanitary Sewer Fund in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 20th day of Novembe'r. 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 551-00 FINAL ESTIMATE Whereas the contract for the Adams Addition Sanitary Sewer Extension has been completed and the City Engineer has submitted 3is final estimate showing the cos[ thereof including the cost of estimates, notices and inspection and ali miscellaneous costs. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the cost of said improvement is hereby determined to be $60,515.58. Section 2. That 535,960.60 of the cost thereof shall be assessable upon private property and $24 554.98 shall De paid from the Sanitary Sewer Fund :assed, approved and adopted this 20th eay of November 2000 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneide' City Clerk BuoJ moved aaopfion of the Resolution. Seconded by NichoJson. Motion carried 7-0. RESOLUTION NO. 552-00 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR ADAMS ADDITION SANITARY SEWER EXTENSION INCLUDING CERTAIN INFORMATION REC LIIRED BY THE CODE OF IOWA, SPEC[FICALL;Y, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and acc(~mpanying plat showing the assessments proposed to be made for the const~:ucti<~n of the Adams Addition Sanitary Sewer Extension under contract with Podzen Construcfion Company of Dubuque, iowa which final plat and schedule were filed in the office of the City Clerk on the 15th day of November. 2000. the said schedule of assessments be and the same s hereby approved and adooted. That znere be. and Is nereoy assesseo ano evieb as a special tax against and upon each of the lots, the reseecfive sums indicated. Provided. further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper anc levied conditionally against me respective properties bene~rr[ted by the improvements as shown in the schedule, subject to the erovlsions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five aercent of the value of same. That the City Clerk be and is hereey directed to certify said schedule to me County Treasurer of Dubuque County, Iowa and to publish notice of sam certification once each week for two consecunve weeks ~n [he manner provided [n Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the Regular Session, NoVember 20, 2000 451 date of the second pub[icafion of the notice, the Cit7 Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. That assessments may be paid in full or in par[ without interest at the office of the County Treasurer, at any time within 30 days after the date of the first publication of this notice of the filing of the final schedule of assessments with the County Treasurer. After 30 days unpaid assessments of $50.00 or more are payable in 10 annual installments and will draw annual interest at 9 percent (commencing on the date of acceptance of the work) computed to the December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 20th day of November, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk NOTICE OF FILING OF THE FINAL SCHEDULE OF ASSESSMENTS AGAINST BENEFITED PROPERTIES FOR THE CONSTRUCTIQN OF ADAMS ADDITION SANITARY SEWER EXTENSION WITHIN THE CITY OF DUBUQUE, IOWA TO THE PERSONS OWNING LAND LOCATED WITHIN THE DISTRICT DESCRIBED AS THE ADAMS ADDITION SANITARY SEWER EXTENSION, WITHIN THE CITY OF DUBUQUE, IOWA: The improvement type(s) and the location(s) is (are) as follows: The project consists of the installation of 1,133 feet of 8" sanitary sewer pipe in Adams 3rd Addition and 4th Addition in the City of Dubuque, lows. Consisting of the properties which are described as follows: Lot 2 of Adams 4th Addition Lot 1 of Adams 4th Addition Lot 1.2 of Adams 3rd Addition Lot 1 of Adams 3rd Addition You are hereby notified that the final schedule of assessments against benefited properties within the Distdct described as the Adams Addition Sanitary Sewer Extension, has been adopted and assessments confirmed and levied by the City Council of Dubuque, Iowa, and that said schedule of assessments has been certified to the County Treasurer of Dubuque County, Iowa. YOU ARE FURTHER NOTIFIED THAT ASSESSMENTS MAY BE PAID IN FULL OR IN PART WITHOUT INTEREST AT THE OFFICE OF THE COUNTY TREASURER, DUBUQUE COUNTY COURTHOU,~E, 72n ~ DUBUQUE, IOWA, 52001 UNTIL JANUARY 12, 2001. After January '12, 2001 unpaid special assessments of $50.00 or more are payable in 10 annual installments and will draw annual interest at 9 percent computed to the December 1 next following the due dates of the rsspe~ve installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1st of each year. Property owners may elect to pay any annual installment semiannually in advance. Ali properties located within the boundades cf the Adams Addition Sanitary Sewer Extension above dsscdbed have been assessed for the cost of the maMng of said Improvements, the amount of each assessment and the amount of any conditional deficiency assessment having been set out in the schedule of assessments accompanying ths same, which are now on file in the office of the County Treasurer of Dubuque County, Iowa. For fur[her information you are referred to said schedule of assessments. This Notice given by direction of the City Council of the City of Dubuque, Iowa, as provided in Section 384.60 of the Code of iowa. Jeanne F. Schneider City Clerk ADAMS SANITARY SEWER EXTENSION FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS OWNER ~ TOTAL NET ASSESS John S. & Pamela A. Adams Lot 2 of Adams 4th Addn. $11,176.41 Charles H. Morrow &Wanda L Ryan Lot 1 of Adams 3rd Addn. $11,176.41 Michael D. Steele, Lot 1-2 of Adams 3rd Addn. $11,176.,41 Aired J. & Rose E. Timmerman Lot 1 of Adams 4th Addn. $11,176.41 Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. 452 Regular Session November 2(], 2000 Diecovew Center Parking Lot Remove Project - Acceptance: City Manager recommending acceptance of the Discovery Center Parking Lot Removal Project in the final amount of $13.371. presented, and read. Buol moved that the communication be received and filed. Seconded by ~ichoison. Motion carded 7-0. RESOLUTION NO. 553-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Parking Lot Pavement Removal for the Mississippi River Discover/Center has been completed and the City Manager qas examined the work and filed his cer~cate stating that the same has seen completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. Thatthe recommendation of the City Manager be approved ant that said improvement be and the same is hereby accepted. BE T FURTHER RESOLVED that the City Treasurer be and he is hereby directed to Bay to the contractor from the 1% Local Op~on Sales Tax Fund in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed. approved and adopted this 20th day of November. 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol morea adoption of the Resolution Seconded by Nicholecn. Motion carded 7-0. RESOLUTION NO. 554-00 FINAL ESTIMATE Whereas. the contract for the Parking Lot Pavement Removal for the Mississippi River Discovery Center has been comoleted and the City Engineer has submitted 3~s final estimate si~owmg the cost thereof including the cost of estimate., notices ano inspection and all miscellaneous costa: 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 De $15,145.50 and the said amount shall be paid from 1% Local Ootion Sales Tax Fund of the: City of Dubuque, Iowa. Passed approved eno adopted this 20<~ day of November, 2000 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buol moved adoption of the Resolution. Seconded by ~icholson. Motion carded 7-0. Miller Road Sanitary Sewer Extension Project- Acceptance: City Manager recommending acceptance of the Miller Road Sanitary Sewer Extension Project in the final amount of $64,174.30 and approving the final aeseesment schedule, presented and read. Buol ~noved that the communicafion be received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 555-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Miller Road Sanitary Sewer Extension 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 ts acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE. IOWA: Section 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to say to the contractor frorr Sanitary Sewer Extensions for New Devekipmems in amount ecua[ to the amount of this contract, ess any retained percentage provided for therein. Passed, approved and adopted this 20th day of November, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of me Resolution. Seconded by Nkiholson. Motion carried 7-0. RESOLUTION NO. 556-00 FINAL ESTIMATE Whereas, the contract for the Miller Road Sanitary Sewer Extension has been completed and the City Engineer has submitted his final estimate sho~ng the cost thereof including the cost of estimates notices anc insoection and all miscellaneous costs; Reqular Session, November 20, 2000 453 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C!TY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $73,800.45. Section 2. That $30,007.85 of the cost thereof shall b'e assessable upon pdvate property and $43,792.60 shall be paid from Sanitary Sewer Extension for New Developments. Passed, approved and adopted this 20th day of November, 2000. Terrance M. Duggan,. MaYor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 557-00 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR MILLER ROAD SANITARY SEWER EXTENSION INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW THEREFORE. BE JT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the Miller Road Sanitary Sewer Extension under contract with Drew Cook and Sons Excavating, Inc. of Dubuque, Iowa which final plat and schedule were ti[ed in the office of the City Clerk on the 15th day of November. 2000, the saic schedule of assessments ~e and the same is hereby apcroved and adooted. That there be anr~ is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further that the amounts shown in said fina] schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefitted by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-tive percent of the value of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said cer[iflcation once each week for two consecutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than tifteen days from the date of tiling of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of iowa. That assessments may be paid in full or in part without interest at the office of the County Treasurer. ar any time within 30 days after the date of the tirst publication of this notice of the tiling of the final schedule of assessments with the County Treasurer After 30 oays unpaid assessments of $50.00 or more are payable in 10 annual installments ano will draw annual interest at 9 percent (commencing on the date of accep[ance of the work) computed to the December 1 next folinwing the due dates of the respective installments as orovided in Section 384.65 of the Coda of Iowa Each installment will be delinquent from October 1 following ~ts aue date on duly I of each year. Property owners may elect to pay any annual installments semiannually in advance. Passed aDoroved and adop[edthis 20th day of November. 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk NOTICE OF FILING OF THE FINAL SCHEDULE OF ASSESSMENTS AGAINST BENEFIt-ED PROPERTIES --OR THE CONSTRUCTION OF MILLER ROAD SANITARY SEWER EXTENSION WITHIN THE CITY OF DUBUQUE, iOWA TO THE PERSONS OWNING LAND LOCATED WITHIN THE DISTRICT DESCRIBED AS THE MILLER ROAD SANITARY SEWER EXTENSION, 454 Regular Session, November 20~ 2000 WITHIN THE CITY OF DUBUQUE IOWA: The 'mprovement type(s) and the Ioca'don(s) is (are) as follows: The project consists of the installation of approximately 650 feet of 8-inch sanitary sewer pipe in the Miller Road area in the City of Dubuque, Iowa. Consisting of the properties which are aescdbed as follows: Lot 2 in Painted Valley Lot 2-2-1-2-1-1-1-1-1-1-1 of Mineral Lot 499 Lot I of Volk Place Lot 2 of Volk Place Lot 2-1-1 0f Mineral Lot 499 Lot 2-1-1-1-1 of Mineral Lot 499 You are hereby notified that the final schedule of assessments against benefitted properties within the District described as the Miller Road Sanitary Sewer Extension, has been adoctec and assessments confirmed and levied by the City Council of Dubuque, Iowa, and that said schedule of assessments has been certified to the County Treasurer of Dubuque County, owa. YOU ARE FURTHER NOTIFIED THAT ASSESSMENTS MAY BE PAID IN FULL OR N PART WITHOUT iNTEREST AT THE OFFICE OF THE COUNTY TREASURER DUBUQUE COUNTY COURTHOUSE, 720 CENTRAL AVENUE, DUBUQUE. IOWA, 52001 UNTIL JANUARY 12. 2001. After January 12. 2001 unpaid special assessments of $50.00 or more are payable in 10 annual installments and will draw annual interes! au 9 percent computed to the December 1 next following the due dates of the respective installments as orovided in Seefior 384.65 of the Code of iowa. Each installment will be delinquenl frorr Qctober A following its due date on July 1st of each year. Property owners may elect to pay any annual installment semiannually in advance. All oroperties located within the boundaries of the Miller Road Sanitary Sewer Extension above described have been assessed for the cost of the making of said improvemenT, the amount of eacn assessment and the amount of any conditional deficiency assessment having been set out in the schedule of assessments accompanying the same, which are now on file in the office of the County Treasurer of Dubuaue County. owa. For further information you are referreo to said schedule of asseesme~-ts This Notice given by direction of the ' City Council of the City of Dubuque, Iowa, as provided in Section 384.60 of the Code of Iowa. Jeanne F. Schneider City Clerk MILLER ROAD SANITARY SEWER FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS OWNER LOT DESCRIPTION- SUBD. GROSS ASSESS ~ ~ ', - SE . Frank, Dennis R. & Shelia M. Lot 2 Painted Valley Subd. $7,746.89 $1.622.67 $6,124.22 Frank. Dennis R. & Shelia M. Lot 2-2-1-2-1-1-1-1-1-1-1 $6,713.97 $6.713.97 E~avis. Pamela M. Lot 1 Yolk Place $7.746.89 $7.746.89 Gard. William E. & Adeline C. Lot 2 Volk Place $7,746.89 $3,507.67 $,4,239.22 Neuses, Gary J. Lot 2-1-1 of Mineral Lot 499 $3.431 36 $3,431.36 Neuses, Gary J. Lot 2-%1-1-1 of Mineral Lot 499 $3.098.76 $1 346.57 $1,752.19 Duo moved aaoption of the Resolution. Seconded by Nicholson. ~lotion carried 7-0. John F. Kennedy Road - Acquisition ~iat Aocrova~: City Manager 'ecommending approval of an acquisition plat for a right-of-way on John F. Kenneoy Road on [aad ownec by the City of Dubuque, presented anc read Buol moved that the communication be received and filed. Seconded by Nicholson Motion carried 7-0. RESOLUTION NO. 558-00 RESOLUTION APPROVING ACQUISITION PLAT FOR WIDENING OF JOHN F. KENNEDY ROAD Whereas there has been presented to the City Council of the City of Dubuque, Iowa a plat dated October 26, 2000, prepared by the City of Dubuque, describing the proposea acquisition of John F. Kenneoy Road: and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE BE iT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, OWA: Reqular Session, November 20, 2000 455 Section 1. That the plat dated October 26, 2000, prepared by the City of Dubuque, relative to the real estate hereinabove descdbed be and the same is hereby approved, and the Mayo¢ and City Clerk be and they are hereby authorized and directed to execute said plat on behalf of the City of Dubuque, low'a. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iow~a. Passed, approved and adopted this 20th day of November, 2000. Terrance M. Duggan, Mayor Attest. Jeanne F. Schneider, City Clerk Buol moved adopton of the Resolution. Seconded by Nichoison. MatJon carded 7-0. Project Concern Para-Transit Contract - Fiscal Year 2001: City Manager racommending approval of a Project Concern Para-Transit Agreement with Keyline for Fiscal Year 2001, presented and read. Buol moved that the communication be received and filed and concurred with recommendation. Seconded by Nichoison. Motion carried 7-0. Notice of Expiration of Right of Redempfion: Notice from Eric Stierman, Dubuque County Treasurer, regarding the Notice of Expiration of Right of Redemption on tax sale property, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO, 559-00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied ~h the proCmions of law relating to the sale of Cigarettes w~thin the City of Dubuque, iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Jorjs's Restaurant & Lounge Jorja's Restaurant & Lounge 890 ~owa St Passed, approved and adopted this 20th day of November, 2000. Terrence M. Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nishoison. Motion carded 7-0, RESOLUTION NO. 560-00 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have flied proper bonds. NOW, THEREFORE, BE tT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit CLASS "B" BEER PERMIT Rainbo Oil Com. Kwik Stop Food Mart+(Sunday Sale) 2297 University Ave Rainbo Oil Com. Kwik Stop Food Mart+(Sunday Sale) 1685 dFK Rd. Passed, approved and adopted this 20th day November, 2000. Terranca M Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nichoison. Motion carded 7-0. RESOLUTION NO. 561-00 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and 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 T & M [nc Mafio's italian Restr. +(Sunday Sale) 1298 Main Tollbddge LLC The Tol[bddge+(Sunday Sale) 2800 Rhomberg Jorja Moore Joda's Restr. & Lounge+(Sunday Sale) 890 Iowa St Passed, approved and adopted this 20th day of November, 2000. Terrance M. Duggan, Mayor Attest: Jean'ne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nichoison. Motion carried 7-0. 456 Regular Session, November 20, 2000 BOARDS/COMMISSiONS Applicants are invited to address the Council to express their desire to serve on the following Commission. HOUSING COMMISSION (Section 8) - Applicants: Jeremy Austin: Kris Edckson; Joe Hopkins; Denise Miller; John Plain. Kds Edcksor and Joe Hopkins spoke requesting consideration for appointment Buo[ moved to suspend the ru[ss to allow anyone present to address the Council ~f they so desire. Seconded by Cline. Motion carried 7-0. PUBLIC HEARINGS 2120 John F. Kennedy Road - Molo Big 10 Mart- Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 2120 John F. Kennedy Road from C-2 Neighborhood Shopping Center Distdct [o C-3 General Commercial District: Communication from Steve Gorius. Molo Big 10 Mart, reque~ng that Council approve the rezoning; and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifcng hereinafter described property located at 2120 John F. Kennedy Road from C-2 Neighborhood Shopping Center Distdct to C-3 General Commerciat District, presented and read. Markham moved to refer this ma~er back to the Zoning Advisory Comrr'ssion. Seconded by Robbins. Motion carried 7-0. 2100 Asbury Road - Marry ana Nancy McNamer- Request to Rezone: Proof of publicatio~ on notice of hearing to consider rezoning proper~ located at 2100 Asbury Road from D Institutiona! District to OS Office Services District, presented and read. Buol moved that the proof be received and filed. Seconded by Michalski. Motion carded 7-0. Marry McNamer. 1199 Hunter's Ridge, SPOKe requesting the rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance/ of the City of Dubuaue Code of Ordinances By reclassifying hereinafter described property tocated at 2100 Asbury Road from ID [nstitutiona Distdct to OS Office Services District. presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 99-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2100 BLOCK OF ASBURY ROAD (NORTH OF CLARKE DRIVE AND ASBURY ROAD) FROM ID INSTITUTIONAL DISTRICT TO OS OFFICE SERVICE DISTRICT. NOW, THEREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1 That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from ID institutional District m OS Office Service District, to wit: Lot 2 Red Cross Place, and [o the center line of the adjoining public right- of-way, ell in the City of Dubuque iowa. Section 2. The foregoing amendment has heretofore beef reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take affect immediately upon publication, as provided by [aw. Passed, approved and adopted this 20th day of November. 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Published officially in the Telegraph Herald newspaper this 29th day of November. 2000. Jeanne F. Schneider, City Clerk It 11/29 Buol moved that the reouirement rna[ a proposed Ordinance De considered and voted on for passage au two Council Meetings orior to the meeting ar which it is to be ~nally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0 Dubuaue Yacht Basin. [nc. Reauest te Rezone: Proof of publication on notice of headng to consider rezonmg the Dubuque Yacht Basin, Inc., propers' located at Bissell Harbor Schm[tt Harbor from Ht Heavy Industrial District ro CR Commercial Recreation District, presented and read. Markham moved that the proof be 'eceived and flied. Seconded by Robbins. Motion carded 7-0 Regular Session, November 20+ 2000 457 Helen Shanley of the Dubuque Yacht Basin spoke explaining the request for the rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reciass~ng hereinafter described property located at Schmitt Harbor from HI Heaw Indus~al Disthct to CR Commercial Recreation District, presented and read. (OFFICIAL PUBUCATION) ORDINANCE NO. 100-00 AN ORDINANCE AMENDING APPENDIX A {THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED SOUTH OF ADMIRAL SHEEHY DRIVE FROM HI HEAVY INDUSTRIAL DISTRICT TO CR COMMERCIAL RECREATION DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described 3roperty from HI Heavy ndustdal District, to CR Commercial Recreation District, as shown in Exhibit A, and to the center line of the adjoining public right-of-vray, all in the City cf 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. Paese~, approved and adopted this 20th day of November. 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published efl~cisily in the Telegraph Herald new~paper this 29th day of \lcvembe~ 2000. Jeanne F. Schneider. City Clerk It 11/29 Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at b,¥o 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 Michalski Motion carried 7-0. Southwest Artadal - DeveloDmem ~Ioratodum: Proof of publication on notice of hearing [o consider a text amendment to the Zoning Ordinance and City Manager recommending approval of an amendment to the Building Code regardi~]g a development moratorium ~n the proposed Southwest Artedal Corridor. presented and read. Robbins moved that the proof be received and filed. Seconded oy Markham. Motion carded 7-0. Attorney Bill Maiers, representing Bill & Janet Siegert, spoke stating they are withdrawing their resistance. An Ordinance Amending Chapter 11 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances by adding Section 11-58.3, establishing a moratorium for permit applications in the Southwest Artadal Corridor, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 101-00 AN ORDINANCE AMENDING CHAPTER 11 (BUILDINGS AND BUILDING REGULATIONS) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING SECTION 11-58.3, ESTABLISHING A MORATORIUM FOR PERMIT APplICATIONS IN THE SOUTHWEST ARTERIAL CORRIDOR, Whereas, the Iowa Department of Transportation (IDOT) is engaged in a study of the Southwest Artedal Corridor, which will include the determination of a preferred alignment; and Whereas. the IDOT has requested that the City of Dubuque enact a twelve-month development meratadum for the Southwest Artedal Corridor; ane Whereas, the City of Dubuque desires to minimize ~otential development conflicts dunng this stuny by enacting a [welve-month development moratorium for the Southwest Artedal Corridor. '4OW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, iOWA: Section 1. Chac[er 11 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances is hereby amended by adding Section 11- 58.3 as fellows: Section 11-58.3 Moratorium - for work in the Southwest Arterial Corridor The Building Official shall not issue /*58 Regular Session, November 20, 2000 any permit for any new constructioE. demolition, or substantial enlargement, alteration, repair or remodeling .of any structure, building or sign [n the Southwest Arterial Corddor dudng the twelve-month cadod from the effective date of this Section, except where a vested dght to the issuance of such permit accrued to any person, firm or corporation as a matter of law prior to the effective date of this Section. Section 2. This Ordinance shall take effect upon publication, as provided by law. =aesed, approved and adopted this 20th day of November, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 29th day of November, 2000. Jeanne F. Schneider, City Clerk It 11/29 Robbins moved that the requirement that a proposed Ordinance ee considered and voted on for passage at two Council Meetings prior to the meeting at which [t is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. An Ordina'~ce Amending Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending Section 4-4.2 regarding site plans, and by amending Section 6-1- 5.5 regarding rezonings, m establish a moratorium for site plan and rezomng applications in the Southwest Arterial Corridor, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 102-00 AN ORDINANCE AMENDING APPENDIX A (ZONING ORDINANCE} OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 4-4.2 REGARDING SITE PLANS, AND BY AMENDING SECTION 6-1-5.5 REGARDING REZONINGS, TO ESTABLISH A ~IORATORIUM FOR SITE PLAN AND REZONING APPLICATIONS IN THE SOUTHWEST ARTERIAL CORRIDOR. Whereas, the Iowa Deeartmen~ of Transportation (IDOT) is engaged in a study of the Southwest Arteda Corridor, which will include ti~e oeterm~nauon of a preferred alignment; and Whereas the IDOT has requested that the City of Dubuque enact a twelve-month development moratorium for the Southwest Artedal Corridor and Whereas the .C?/. of Dubuoue desires to mlnlmtze potential development confiists dudng this study by enacting a twelve-month development moratodurr for the Southwest Artedal Corridor. NOW THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE. IOWA: Section 1. Appendix A (Zoning Ordinance} of the City of Dubuque Code of Ordinances is hereby amended by amending Section 4.4.2 as follows: Section 4.4.2. Application and Scope. Moratadum - for site plans in the Southwest Artedal Corridor. The City Planner sha[. not issue conditional or final approval for any site plan filed for properly in the Southwest Arterial Corridor that ies within the corporate limits of the City of Dubuque, as delineated on the attached drawing, during the twelve-month pedod from the effective date of this Section, except where a vested fight to [he issuance of such approval accrued to any ~erson, firm or corporation as a matter of law prior to the effective date of this Section. Application and Scope of Site Plan Review and Approval ~[o building permit or occupancy permit shall be issued, and construction, grading or other land development activity listed below may be commenced on 9roperty unless a site plan nas been submitted and approved for such activity as set forth in this Section. Development activities subject to the reouirements of this Section may hereafter be carried out only in substantial conformance with the approved site plan and any conditions or restrictions attachec thereto. Any ~ubstantial deviation from the aeeroved site plan unless approved in advance by the City Planner. shall be deemed a violation of this Ordinance Deveioement activities subject to site plan review: 1. Construction or expansion of any building, structure or freestanding sign except single-family detached dwellings, duplexes and townhouses of not more than two (2) units and permitted acceesow structures to a single-family dwelling or duplex, however driveways to said sing[e- family ano duplex dwellings shall be Reqular Session, November 20~ 2000 459 paved with a hard surface. 2. Any change, alters/ion or modification in a structure or use which would require the provision of additional off-street parking spaces, add/tonal lot area, or other substanfiai change in zoning requirements applicable to such structure or use. 3. The construction or creation of any parking lot or the expansion of any existing parking lot Section 2. Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by amending Section 6-1.5.5 as fol~ows: Section 6-1.5.5 Moratorium - for rezonings in the Southwest A~fe~al Corddor In addition to the requirements of subsection 6-1.5 of this Section, the City Council shalt not give final approval to any reclassification (rezoning) request for property in the Southwest Arterial Corridor that ~ies w~thin the corporate limits of the City of Dubuque, as delineated on the attached drawing, during the twelve- month period from the effec~va date of this Section, except where a vested dght to the issuance of such approval accrued to any pemon, firm or corporation as a matter of law pdor to the effective date of this Section. Section 3. This Ordinance shall take effect upon publication, as provided by law. Passed, approved and adopted this 20th day of November, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 29th day of November, 2000. Jeanne F. Schneider, City Clerk It 11/29 Rcbbins moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. An Ordinance Amending Chapter 42 (Subdivision Regulations) of the City of Dubuque Code of Ordinances by amending Section 42-16, to establish a moratorium for subdivision plats in the Southwest Arterial Corridor, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 103-00 AN ORDINANCE AMENDING CHAPTER 42 (SUBDIVISION REGULATIONS} OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 42-16, TO ESTABLISH A MORATORIUM FOR SUBDIVISION PLATS IN THE SOUTHWEST ARTERIAL CORRIDOR. Whereas, the Iowa Department of Transportation (IDOT) is engaged in a study of the Southwest Artadal Corridor, which will include the determination of a preferred alignment; and Whereas, the IDOT has requested that the City of Dubuque enact a twelve-month development moratadum for the Southwest Artedal Corridor; and Whereas, the City of Dubuque desires to minimLze potential development conflicts during this study by enacting a twelve-month development moratorium for the Southwest Arterial Corridor. NOW THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. Chapter 42 (Subdivision Regulations) of the City of Dubuque Code of Ordinances is hereby amended by amending Section 42-16 as follows: Section 42-16. Southwest Artedal Corddor Review:. No plat for any subdMsion or resubdivision of property in the Southwest Arteda[ Corridor, as delineated on the attached drawing, shall be approved by the City Council, Zoning Advisory Commission or City Planner during the twelve-month pedod from the effective date of this Section, except where a vested dght to the issuance of such approval accrued to any person, firm or corporation as a matter of law pdor to the effective date of this Section. Section 2. This Ordinance shall take effect upon publication; as provided by law. Passed, approved and adopted this 20th day of November, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 29th day of November, 2000. Jeanne F. Schneider, City Clerk It 11/29 Robbins moved that the requirement that a proposed Ordinance be considered and voted on for passage 460 Regular Session, November 20, 2000 at two Council Meetings pdor to the meeting at which it is to De finally passed be suspended anc fur[her moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carded 7-0. -Fischer Cold Storage Warehouse Asbestos Abatement Project: Proofs of publication on notice of headng on plans and specs and notice to bidders on the receipt of bids for the Fischer Cold Storage Warehouse Asbestos Abatement Project and City Manager recommending to award contract for project to Advanced Technologies Corporation in the amount of $3,200, presented and read. Bucl moved that the proofs and communication be receive(: and tiled. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 562-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 1st day of November, 2000, plans, specifications, and form of contract were filed ~h the City Clerk of Dubuque, Iowa for the Fischer Cold Storage Warehouse Asbestos Abatement Project. Whereas, notice of headng on plans, specifications, form of contract, and estimated cost was published as required by aw. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the said plans, specifications. and form of contract are hereby approved as the plans, sDecificafions, ano form of contract for saic improvements for said project. Passed adopted and approved this 20th day of November, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the ~esclution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 563-00 AWARDING CONTRACT Whereas. sea,ed proposals have been submitted by contractors for the Fischer Caid Storage Warehouse Asbestos Abatement Project pursuant [o Resolution No. 538-00 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 8th day of November, 2000 Whereas. said sealed prooosale were opened and read on the 17th day of November 2000. ano [t nas peen determined that the b~d of Advanced Technologies Corporation, of Cedar Falls. Iowa. in the amount of $3,200.00 was the lowest bid for the furnishings of all labor and materials and oerforming the work as provided for in the plans and specifications. NOW THEREFORE, BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: That the contract for the above improvement be awarded to Advanced Technologies Corporation 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 [ne signing of said contract and the approval of [he contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 20th day of November, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Crescent Ridge - Request to Vacate: Proof of publication on notice of headng to consider disposing of interest in Lot F of.Mineral Lots 232 and 291 n the City of Dubuque, Iowa aha City Manager recommending disposal of the property to McDermott Real Estate presented and read. Robbins moved that the proof and commuaication be received and filed. Seconded by MichalskL Motion carried Larry McDermott SpoKe clari~ing the request RESOLUTION NO. 564-00 RESOLUTION DISPOSING OF CITY iNTEREST IN LOT F OF MINERAL LOTS 232 AND 291, IN THE CITY OF DUBUQUE, IOWA Wherea~ pursuantto resolution and published notice of time and place of heating, published in the Telegraph qerald s new~paper of general circulation 3ublished in the City of Dubuque, Iowa on 11th day of '4ovember, 2000. the City Council of the City of Dubuque, Iowa met on the 20th day of November, 2000, at 6:30 p.m. in the Public Library Auditorium 11th and LOCUSt. Dubuque, Dubuoue County, Iowa to consider the propoes[ for the sale of real estate described as: Reqular Session, November 20~ 2000 461 Lot F of Mineral Lots 232 and 291 in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot F of Mineral Lots 232 and 291 in the City of Dubuque, Dubuque County, Iowa, to McDermott Real Estate be and the same is hereby approved for the cost of publicafion, pla~ng and filing fees. Conveyance shall be by Quit Claim Deed. Secfion 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to McDermott Real Estate upon receipt of the publicafion and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the C~ Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 20th day of November, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Michaiski. Motion carried 7-0. Michaiski moved that the rule be reinstated limiting discussion to the Council. Seconded by Cline. Motion carried ACTION ITEMS Freedom, Inc,/Salina Street Reconstruction Project: Communica~on from Bdan J. Kane, representing Freedom, Inc,, requesting that their assessment for the Salina Street Reconstruction Project be reconsidered, presented and read. Buet moved that the communication be received and filed, Seconded by Nicholson. Motion carried 7-0. Attorney Brian Kane spoke requesting reconsideration, Southern Hills Subdivision in Dubuque County - Final Plat: City Manager recommending approval of the final plat of Lots 30-61, inclusive, of Southern Hills SubdMsion in Dubuque County, presented and read. Robbins moved that the communications be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO, 565-00 RESOLUTION APPROVING THE FINAL PLAT OF LOTS 30-61, INCLUSIVE, OF SOUTHERN HILLS SUBDIVISION AS COMPRISED OF LOT E OF SOUTHERN HILLS SUBDIVISION Whereas, there has been filed with the City Clerk a final plat of Lots 30-61, inclusive, of Southem Hills Subdivision as comprised of Lot E of Southern H~lls Subdivision; and Whereas, upon said final plat appear street(s) to be known as Long Tail Lane and Kemp Court; and Whereas, me preliminary plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon, with the waver of Article IV, Design and Improvement Standards of the SubdMsion Regulations, except for Section 42-19: and Whereas ssid 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 s[a~u~es and ordinances relating to it. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWAc Section 1. That the final plat of Lots 30-61 inclusive, of Southern Hills Subdivision as comprised of Lot E of Southern Hills Subdivision in Dubuque County, Iowa. is hereby approved and the Mayor and City Council are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. Section 2. That the City Council hereby waives Ar~cle IV, Design and Improvement Standards. except for Section 42-19 Lots and Blocks, of the City Subdivision Regulations. Passed, approved and adopted this 20th day of November, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Robbins moved adoption of the Resolution. Seconded by Markham. Motion carried Crescent Heights SubdMsior - Fina Plat: City Manager recommending approval of the final plat of Crescent Regular Session, November 20, 2000 Heights Subdivision, presented and read. :~obbins moved that the communication be received and filed. Secondea by Niche]son. Motion carried 7-0. RESOLUTION NO. 566-00 .~ RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THRU 42 INCLUSIVE, OF BLOCK 1, LOTS 1 THRU 10 INCLUSIVE OF BLOCK 2, LOTS I THRU 22 INCLUSIVE, OF BLOCK3, AND LOTS A, B, C, D AND E OF CRESCENT HEIGHTS SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas. there has been filed with the City Clerk a final plat of Lots 1 thru 42 Inclusive, of Block 1 Lots 1 thru 10 Inclus'rve, of Block 2, Lots I thru 22 Inclusive. of Block 3, and Lots A, B, C. D and E of Crescent Heights Subdivision in the City of Dubuque, Iowa- and Whereas, upon said final plat appears streets to be known as Eclipse Circle [Lot A), Lunar Drive (Lot B) and Nocturnal Lane (Lot C) together with certain public utiFrty, sewer easements. storm water detention facility (Lot D) and park land (Lot El which the owners by said final plat have dedicated to the public forever: and Whereas, said plat provides 0 feet of [rontage for Lot D and 50 feet of frontage for Lot E where 60 feet is required by Secfion 42-19(b) of the Subdivision Regulations; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its apprava endorsed thereon and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, SUbject tO the owners agreeing to the conditions noted in Section 3 below- and Whereas, said final plat nas Dean examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, exceot that no streets or public ufilifies have yet Dean constructed or installed. NOW. THEREFORE BE IT ~ESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Eclipse Circle (Lot A), Lunar Drive (Lot B), Nocturnal Lane ILot C) storm water detention facility (Lot D) and earK land (Lot E) together with the easements for ~ublic utilities, sanitary sewer storm sewer and ware[ mains as they appear upon said final plat. be and the same are hereby accepted: and Section 2. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot D to have 0 feet of frontage and Lot E to have 50 feet of frontage, where 60 feet of frontage is reouired. Section 3. That the plat of Lots 1 ~ru 42 Inclusive. of Block 1. Lots 1 thru 10 Inclusive, of Block 2, Lots 1 thru 22 Inclusive, of Block 3, and Lots A, B, C. D and E of Crescent Heights Subdivision is hereby approved and the Mayor and City Clerk are hereby authorized and direc[ed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein namec execute their wdtten acceptance hereto attached agreeing: (a) To reduce Eclipse Circle (LotA), Lunar Ddve (Lot B) and Nocturnal Lane (Lot C) to grace and to construct concrete curb and gutter and to hard surface with asonaific concrete or with concrete paving with integral curb. all in accordance with the C~ of Dubuoue standard specifications, all in a manner acceptable to the City Engineer, n conformance with construction improvement plans approved by me City Engineer, and inspected by the City Engineer. (b) To install sanitary sewer ma[ns and sewer service laterals into each individual lot. water mains and water service laterals into each indMdual lot. storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer= and in accordance with construction improvemen[ plans aoeroved by the City Engineer, and inspected by the City Engineer. (c) To construct a storm water detention facility n a manner acceptable [o the City Engineer, in accordance with the City of Dubuque standard specifications, in accordance with construction improvement 3lane approved by the City Engineer and inspected by the City Engineer. (d) To construct said improvements, crier to '~vo (2) years from'the date of acceptance of this resolution, at the sole expense of the owners= or future owner; (e) To maintain the eublic imcrovements for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of ;.Il Regular Session, November 20, 2000 463 And, further provided that said McDermott Real Estate, 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 4 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 4%161 through 4%164. The responsibility shall extend lo all successors, heirs and assignees. Sidewalk instaflation will not ~e required until the development of the lot has bean completed, except as required herein. In sparsely developed subdMsions. sidewalks on developed lots will not be required until 50% of the lois 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 5. The developer will maintain the detention facility until it has been fully completed and 80% cf the sum of the platted lots are fully developed and the 'emaining 20% of these lots have installed adequate erosion control measures as approved by the City. Upon the City's acceptance of the detention facility, the City of Dubuque for the storm water detention facility (Lot D) shall be assessed against Lots i through 42 Inclusive, of Block 1, Lots I through I0 Inclusive, of Block 2 and Lots 1 through 22 Inclusive, of Block 3. 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 and in the same manner as general property t~(os in accordance with provisions of law. Section 6. That thefinal acceptance of ail public improvements shall occur upon certification of the City Engineer to the City Council that al: public ~mpravementa have been ~ompleted in accoraance wr~h the ~mprovement plans and City standard specifications and accepted by City Council Resolution Section 7. That ir the event \4cDermott Real Estate fails to execute guarantees provided in Section 3 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 20th day of November. 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. Elected Officials Compensation Task Fome: Council discussion on appointments to the Elected Off~cials Compensation Task Force. Nicholson moved that all of the Council Vlembers choose an individual to be part of the Elected Officials Compensatfar Task Force and that a recommendation be made before [he end of January. Seconded by Michalski. Motion carded 7-0. As part of this Task Force: Nicholson chose Katie Krieg; Cline chose Jerry Westameyer; Duggan chose Ted Goodmann: Markham chose Ken Hansen; Robbins chose Dave Baker; Buol chose Dan White. COUNCIL MEMBER REPORTS: Nicholson reported that he had been asked to fill an open seat on the Project Concern Board of Directors Consensus of the Council was that this would be appropdata. Nicholson reported that a voting aelegate needed to be selected for the NLC Meeting in December. Michalski moved that Nichoison De the voting delegate. Seconded by Buol. Motion carded 7-0 TEMS TO BE SET FOR PUBLIC HEARING Request m Vacate Lloyd Gudenkauf: City Manager recommending that a public hearing be set for December 4. 2000, to consider disposing of interest and to vacate a utility easement over Lot 1 3lock 4 of Patdcia Ann Acres at the request of Lloyd Gudenkauf, and Lloyd S. Gudenkauf requesting vacation of an essemen~ for util~ss on the westedy lot line of Lot 1 Block 4 of Patdcia Ann Subdivision eresented and read Buol moved that [ne communications ae received and filed Seconded by Cline. Motion carded 7-0. RESOLUTION NO. 567-00 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE UTILITY EASEMENT OVER 464 Regular Session, November 20, 2000 LOT I BLOCK 4 PATRICIA ANN ACRES IN THE CITY OF DUBUQUE, IOWA, DUBUQUE COUNTY, IOWA Whereas, Lloyd S. Gudenkauf is the current owner of Lot 1 Block 4 Pathcia Ann Acres: and Whereas, a 10-foot wide utility ~asement is currency platted on the weste~y side of said lot; and Whereas Lloyd S. Gudenkauf has petitioned to vacate the easement in said lot NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the C'~ of Dubuque intends to dispose of its interest and vacate a ~ O-foot wide utility easement over Lot 1 Block 4 Patdcia Ann Acres in the City of Dubuque, as shown on the attached Exhibit A. Section 2. That the City' Clerk be and is hereby authorized and directed to cause a notice of intent to be pubtished as prescribed under Section 364.7 Code of iowa. 1999 or amended. Passed, approved and adopted this 20~' day of Novembec 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution and further set this for Public Hearing on 12/4/00 at 6:30 P.M. n the Public Library Auditorium and that the City Clerk publish notice in the manner orescdbed by law. Seconded by Cline. Motion carried 7-0. Demolition of Fischer Cold Storage Warehouse: City Manager submitting documents providing for demolition of me Fischer Cold Storage Warehouse and setting a public hearing for December 18. 2000, presented and 'earl. Michalski moved that the communicafion be received and flied. Seconded by Robbins. Motion carded RESOLUTION NO. 568-00 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE. BE IT :~ESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: That the proposed plans, specifications, and the form of contract for ti~e =ischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project are hereby approved and ordered filed in the off-Ice of the City Clerk for 3ublic inspection. Passed, adopted and approved this 20th da., of November, 2000. Terrance M. Duggan, Mayor At, est: Jeanne F. Schneider, City Clerk Micheiski moved adoption of the Resolution Seconded by Robbins. Motion carded 7-0 RESOLUTION NO 569-00 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given [ts preliminary approval on the proposed plans, specifications, and the form of contract and placed same on file in the office of the City Clerk for public inspection of the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That on the 18th day of December 2000, a oublic headng will be held at 6:30 p.m, in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form' of con[fac[ and cost of said improvemem, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published n a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days pdor to the day fixed for its consideration. At the headng, any interested person may appear and file objections to me proposed plans, specifications, contract, or estimated cos[ of the improvement Passed, adobted eno aeereved this 20~ day of qovember 2000. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 570-00 ORDERING BIDS NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED that the amount of the security to accompany each bid shall be in an amount which shall conform to the Regular Session, November 20, 2000 465 provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation-in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days pdor to the receipt of said bids at 2:00 p.m. on the 7th day of December, 2000. Bids sha~l be opened and read by the City Clerk at said time and will be submitted to the Council for tinaJ action at 6:30 p.m. onthe 18th day of December, 2000. Passed. adopted and approved this 20~ day of November, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Micha[sld moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. North Grandview at Delhi Project - Acceptance and Public Headng: City Manager recommending acceptance of the concrete repairs on the NoAh Grandview at Delhi Project in the amount of $124,337.05 and setting a public headng for December 18, 2000 to consider the final schedule of assessments, presented and read. Markham moved that the communication be received and tiled. Seconded by Robbins. Motion carded RESOLUTION NO. 571-00 ACCEPTING IMPROVEMENT Whereas. the contract for the Concrete Repairs on North Grandview at Delhi Project has been completed and the City Manager has examined the work and 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 OFTHE C~TYOF DUBUQUE. OWA: Section 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE iT FURTHER RESOLVED that the City Treasurer be and he's hereby directed to pay to the contractor from the Fiscal Year 2000 Capital Improvement Budget for Concrete Section Reoeirs in amount equal to the amount of this contram, less any retained aercentage provided for therein. Passed, approved and adopted this 20th day of November, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk MichalskJ moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 572-00 FINAL ESTIMATE Whereas. the contract for the Concrete Repairs on North Grandview at Delhi Project has been completed anP 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 ro be $124,337.05. Section 2. That $3,799.12 of the cos[ thereof-shall be assessable upon pdvate property and $120,537.93 shall ~e paid from the Fiscal Year 2000 Capital Improvement Budget for Concrete Section Repairs. Passed, approved and adopted this 20th day of November, 2000. Terrance M. Duggan, Mayor Attest: deanna F. Schneider, Ci~ Clerk Markham moved adoption of the Resolution. Seconded by Robbins. Motion carited 7-0 RESOLUTION NO. 573-00 RESOLUTION OF NECESSITY Whereas, proposed Drsns have been duly prepared and approved bythe City Council of the City of Dubuque and are now on file in the office of Cit~ Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary Plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as tiled by the City Council, for the Concrete Repairs on North Grandview at Delhi Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, OWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned 'mprevements and unless property owners a[ me time of the final consideration of this proposed resolution have on file wm the City Clerk objections To the resolution of 666 Regular Session, November 20, 2000 necessity, they shall be deemed to have waived all objections pertaining to the regu[ark"y ofth~ proceeding and the legality - of using the special assessment procedure. Said improvements shall be constructed and done in accoraance with the plans and specifications which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such tmprovemem will be assessed paYda[iy or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law. and in proportion to the special benefits conferred~ The poKion of the cost which shall be borne by the City will be paid from the Fiscal Year 2000 Capital Improvement Budget for Concrete Section Repair, and special assessment bonds may be issued in anticip~ation of deferred 3ayments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced= appravec and ordered placed on file with the City Clerk this 20th day of November. 2000. Approved and placed on file for final action, Terrance M. Duggan, Mayor Attest: Jeanne F, Schneider. City Clerk Markham moved adoption of the Resolution. Seconded by Robbins. Motion carried 7~0. RESOLUTION NO. 574-00 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas. the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications aha forrr of contract and placea same on file in the office of City Clerkfor public inspection. for the Concrete Reoa~rs on NoAh Grandview at Delhi Project: aha Whereas. the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's Office for public nspect~on. NOW THEREFORE BE [T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA That on me 18th day of December. 2000, a public headng will be held at 6:30 o'clock e.m. in the Public Library Auditorium n the City of Dubuque a[ which zJme the owners of property subject to assessment for the proposea improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost. the assessment against any kit, or the final adop~on of a resolution of necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such headng to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which no'dce shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days pdor to the date fixed for its consideration. Unless property owners at the time of the final considera'don of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived ali objections thereto. Passed, approvec~ and adopted this 20th day of November. 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by P~obbins Motion carried 7-0. Residential Parking ~ermit Distdct "C" - Senior High School Area: City Manager recommending thst a public headng be set for December 4 2000 on a proposed amendment Rssidentia[ Parking ~ermit District "C" on DOrtions of North Grandview and Rosedale Street presented and read. Robbins move(] adoption of me Resolution. Seconded by Markham Motion carded 7-0. RESOLUTION NO. 575-00 RESOLUTION SETTING A PUBLIC HEARING ON AMENDING F~ESIDENTIAL PARKING PERMIT DISTRICT "C" AS DEFINED BY SECTION 32-395 OF THE CODE OF ORDINANCES TO INCLUDE PARTS OF NORTH GRANDVIEW AVENUE AND ROSEDALE STREET Whereas, the City of Dubuque, pursuant m Section 32~383 of the Code of Ordinances. has -eceived a oetition containing sufficient signatures that an area described as follows be included in Residential Parking Permit District NoAh Grandview Avenue. south side, from Avoca Street to the east property line of 1961 NoAh Grandview Reqular Session, November 20, 2000 467 Avenue; Roseda[e Street, south side, from Avoca Street to the alley east of St. Ambrose Street;, Rosedale Street, north side, from Avoca- Street to the west property line of 2095 Resedale Street; and Whereas, pursuant to said Section 32-383, the City Manager has caused a parking study of the area identified above to be undertaken; and Whereas; the City Manager, based upon the results of the study, and in accordance with Section 32-383, recommends that the area be designated as a Residenfial Parking ~ Permit~ Distr ct' and that existing Residential Parking Permit District should be amended to include: North Grandview Avenue, south side, from Avoca Street to the east property line of 1961 North Grandview Avenue. Rosedale Street, south side, from Avoca Street to the alley east of St. Ambrose Street. Rosedale Street, north side, from Avoca Street to the west property line of 2095 Rosedale Street. and that the City Council set a public hearing on the petition to establish such area as a Rssidenfial Parking Permit Distdct and the hours such parking restrictions areto be in effect. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council finds and determines that a valid petition has been received for the designation of the above described area as a Residential Parking Permit District. Section 2. That the Residential Parking Permit District houm be effective between the hours of 7:30 a.m. and 10:00 p.m. daily, except Sundays and holidays. Section 3. That the City Clerk be authorized and directed to publish notice of public hearing on designation of the above described area as a Residential Parking Permit District, to be held on 4m day of December, 2000. Passed, approved, and adopted this 20th day of November, 2000. Torrance M. Duggan, Mayer Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution setting a public hearing on amending Residential Parking Permit District "C" as detined by Section 32- 395 of the Code of Ordinances to include parts of North Grandview Avenue and Rosedale Street for 12/4/00 at 6:30 P.M. in the Public LibranJ Auditorium and that the City Clerk publish notice in the manner prescribed by aw. Seconded by Markham. Motion carried 7-0 At 7:59 P.M Michalski moved [o go 'nto Closed Session re: Pending Litigation and Property Acquisition (Iowa Code §21~5(1)(c)(j). Seconded by Buo Motion carried 7-0. At 9:39 P.M. Council 'econvened Regular Session stating that Staff had been given direction. There being no further business, Michalski moved to adjourn. Seconded by BuoL Motion carried 7-0. The meeting adjourned at 9:40 P.M. /s/Jeanne F. Schneider ~ty Clerk Approvej~~/~-~, 2001 Ado~F~:~'~/~.~ 2001 Clerk Special Session, November 29, 2000 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, November 29, 2000 Council met in speciat session at 5:30 p,m. at the F-rye Flags Holiday inn - Blue Moon Room Present Mayor Duggan, Counci Members Buol, Cline, MichalskJ, Nichelson, City Manage[ Michael Van Miliigen, Corporation Counsel Barry Lindahl 200~ Mayor Duggan read the call anc stated this is a special session of the City Council called for the purpose of discussing legisla~ve issues. The City Council, County Bo~rd of Supe~sors, School Board Members, and representatives of the Parochial School system met with area legislators,to discuss issues of concern for the upcoming legislative session, i AttesZ; ~ upon consensus meeting adjourned atJ~6'rty Clerk 8.45 o.m. ~ Is/Jeanne F. Schneider City Clerk