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1999 March Council ProceedingsSpecial Session, March 1, 1999 74 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Monday, Mamh 1, 1999, Special Session, Council Met at 5:45 P.M. Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Markham, Michals~, Nicholson, Robbins. Absent: Council Member Voetberg. There was a discussion and presentation by W.H.K.S. & Co. representatives and City Staff on the design for opening Eighth Street and work on the Town Clock Plaza. There being no further business, meeting adjourned at 6:59 p.m. /si MaryA. Davis CMC City Clerk Approved ,~ '~ ,1999 Adopted ~'~-1,~ ~/7 , 1999 CEuncit Members - ~ ~ 75 Regular Session, March 1, 1999 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, Monday, March 1, 1999 Council Met at 7:00 P.M., Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Markham, MJchaisld, Nicholson, Robbins, Voetberg (via electronic means), City Manager Michael Van Milligen, Corporation Counsel Barry A. LindahL Mayor E~uggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may propedy come before the Council. Invocation was given by Sister Gabdelle Hoefer, Hospital Chaplain, Mercy Medical Center. MINUTES SUBMITTED -- Cable TV Regulatory Commission of 2-10; Civil Service Commission of 2-15; Five Flags Commission of 2-15; Human Rights Commission of 1-18; Plumbing Board of 2-9; Zoning Advisory Commission of 2-4 & 17, presented and read. Buol movedthat the minutes be received and tiled. Seconded by Robbins. Motion carried 7-0. Proof of Publication on Notice of publishing City of Dubuque calendar year 1998 salaries, presented and read. Buol moved that the proof be received and filed. Seconded by Rabbins. Motion carried 7-0. NOTICE OF CLAIMS/SUiTS: Waste Systems of N.A. Inc, in amount of $3,998.21 for vehicle damages; Dr. & Mrs. William J. Dali in amount of $60.15 for property damages; Timothy Kelly in amount of $208.11 for vehicle damages; Ricky Meyer in amt. of $2,500 plus medical costs for personal injuries; Thomas O. Nesler in amount of $802.44 for vehicle damages; Sernadine Schmid in undetermined amount for personal injuries, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Robbins. Motion carried 7~0. Corporation Counsel advising following claims have been referred to Public Entity Risk Services of iowa, the agent for the Iowa Commun~es Assurance Pool: Vehicle damage of Emily Sa[is; Vehicle damage of Fred Brenke, Jr; Vehicle damage of Jack B. Crahan; Personal injury of Christina Schiessl; Vehicle damage of Terrence L. Schmidt; Vehicle damage of Jeff J. Vandermillen; Corporation Counsel advising the claim of Janice and Michael McCla[n has been further foP~rarded for a defense, presented and read. Buol moved that the communication be received and flied. Seconded by Robbins. Motion carried 7-0. Corporation Counsel recommending settlement of property damage claim of Mariyn J. Langevin in amount of $328.00 and Finance Director to issue check, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Robbins. Motion carded 7-0. Mm. Eugene Plumley, Sr. expressing concerns on the law regarding parking RV's on their own property, presented and read. Michaisld moved that the communication be received and flied. Seconded by Buol. Motion carried 7-0. City Manager recommending adoption of Supplement No. 39 to the Code of Qrdinances, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried RESOLUTION NO. 93-99 ADOPTING SUPPLEMENT NO. 39 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of Ju~y 17, 1989, the C~ Council, pursuant to Ordinance No. 34-89, readopted the Code of Ordinances of the City of Dubuque, Iowa for ordinances adapted up to and including December 19, 1985; and Whereas, since December 19, 1988 the C~ Council of the City of Dubuque, iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Ordinances provides that supplements by resolution, become Regular Session, March 1, 1999 76 part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 39 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances through Ordinance No. 3-99 enacted through January 4, 1999 and prepared by the Steding Cod[tiers, Inc, Weiser, ID hereto tiled in the Office of the City Clerk of the City of Dubuque, iowa be and is hereby adopted and becomes par~ of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 1st day of March, 1999. Terrence M. Duggan, Mayor Attest MaryA. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7~0. Dubuque Metropolitan Area Solid Waste Agency advising of their intent to explore the feasibility of expanding its service area and requesting response from City of Dubuque Staff regarding the ability and willingness to treat additional leachate, presented and read. Buol moved that this matter be referred to the City Manager. Seconded by Robbins. Motion carded 7-0. Iowa DOT advising of letting of a project in Apdl to reconstruct U.S. 61 southbound exit ramp to Kerper Boulevard/Dubuque Greyhound Park and Casino and copy of letter from City Manager to IDOT requesting consideration be given to minimize length of closure for project concerning entrance to Greyhound Park, presented and read. Buol moved that the communications be received and filed. Seconded by Robbins. Motion carried 7-0. John Whalen requesting that the Landlord Housing Code stay intact, presented and read. Buol moved that the communication be received and flied. Seconded by Robbins. Motion carded 7-0. Attorney Arthur GilJoon, on behalf of Tugboat Willy, requesting approval of lease between Dubuque Yacht Basin and Tugboat Wil~y's Inc. to operate a restaurant formedy known as the Wheelhouse, presented and read. Buol moved that this matter be referred to the City Manager and Staff. Seconded by Robbins. Motion carried DRA requesting amendment to their 1999 C[P Schedule, to allow for a racetrack surface replacement project to proceed at a cost that exceeded the original CIP Schedule; City Manager recommending approval of request from DRA, presented and read. Buol moved that the communications be received and filed and approved recommendation. Seconded by Robbins. Motion carried 7-0. February 15, 1999 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1997 Code of Iowa, as amended, an entry level examination was held for the pos~on of AQUATICS AND THERAPEUTIC RECREATION SUPERVISOR for the Leisure Services Department. We hereby certify that the following individuals have passed this written examination and the vacancy for this )osifion should be made from this list. We further state that this list is good for two (2) years from above date. AQUATICS AND THERAPEUTIC REOREATION SUPERVISOR Angela Novak Jana Lukens Jason Krepti Sara Meints Mary Ctimmins Brandi Haiterman Donna Thomas Respectfully submitted, Is/Mede J. Duehr, Jr., Chairperson Isl Loras J. Kluesner CMl Service Commission Buol moved that this above Civil Service certifica~Jon be made a matter of record. Seconded by Robbins. Motion carried 7-0. City Manager recommending acceptance of Patent Deeds for IDOT Properties, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 94-99 A RESOLUTION ACCEPTING CONVEYANCE OF CITY LOT 307A IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA AS SHOWN ON RIGHT-OF-WAY PLAT EXHIBIT "A" Whereas, the City of Dubuque in consideration of the payment of $2,650.00 purchased City Lot 307A in the City of Dubuque, Dubuque County, Iowa, a,s .shown on right-of-way plat Exhibit A attached hereto and by reference made a part hereof; and 77 Regular Session, March 1, 1999 Whereas, the State of Iowa has executed patent ¢f4668 conveying said property to the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIl_ OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves of, accepts, and consents to patent ~f'4668 from the Iowa Department of Transportation conveying City Lot 307A in the City of Dubuque, Dubuque County, Iowa, as shown on right-of-way plat Exhibit 'A' attached hereto. · Section 2. Thatthe City Clerk be and is hereby authorized and directed to file a copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 1st day of March, 1999. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 95-99 A RESOLUTION ACCEPTING CONVEYANCE OF CITY LOT 500B AND CITY LOT 500C IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA AS SHOWN ON RIGHT-OF- WAY PLAT EXHIBIT "A" Whereas, the City of Dubuque, in consideration of the payment of $1.00 purchased City Lot 500B and CH Lot 500C in the City of Dubuque, Dubuque County, Iowa, as shown on fight-of-way plat Exhibit 'A" attached hereto and by reference made a part hereof; and Whereas, the State of iowa has executed patent ¢t4667 conveying said property to the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOW,A: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves of, accepts, and consents to patent -,'~-t4667 from the Iowa Department of Transportation conveying City Lot 500B and City Lot 500C in the City of Dubuque, Dubuque County, Iowa, as shown on right-of-way plat Exhibit "A" attached hereto· Section 2. That the City Clerk be and is hereby authorized and directed to file a copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 1st day of March, 1999. Torrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 96-99 A RESOLUTION ACCEPTING CONVEYANCE OF CITY LOT 500A IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA AS SHOWN ON RIGHT-OF-WAY PLAT EXHIBIT "A" Whereas, the City of Dubuque, in consideration of the payment of $9,750.00 purchased City Lot 500A in the City of Dubuque, Dubuque County, Iowa, as shown on right-of-way plat Exhibit 'A' attached hereto and by reference made a part hereof;, and Whereas, the State of Iowa has executed patent ,~4670 conveying said property to the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec'don 1. That the City Council of the City of Dubuque, Iowa hereby appmvss of, accepts, and consents to patent ¢-~4670 from the Iowa Department of Transportation conveying City Lot 500A in the City of Dubuque, Dubuque County, Iowa, as shown on right-of-way plat Exhibit "A" attached hereto. Section 2. That the City Clerk be and is hereby authorized and directed to file a copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 1 st day of March, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, CH Clerk Buol moved adoption of the rasolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 97-99 A RESOLUTION ACCEPTING CONVEYANCE OF CITY LOT 500D IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA AS SHOWN ON RIGHT-OF-WAY PLAT EXHIBIT "A" Whereas, the City of Dubuque, in consideration of the payment of $4,900.00 purchased City Lot 500D in the City of Dubuque, Dubuque County, Iowa, as shown on right-of-way plat Exhibit 'A" attached hereto and by reference made a par[ hereo~ and Whereas, the State of Iowa has executed patent ¢~t4671 conveying said property to the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL Reqular Session, March 1, 1999 78 OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves of, accepts, and consents to patent ~4671 from the Iowa Department of Transportation conveying City Lot 500D in the City of Dubuque, Dubuque County, Iowa, as shown on right-of-way plat Exhibit "A" attached hereto. Section 2. That the City Clerk be and is hereby authorized and directed to file a copy of this resolution in the office of the Recorder, in and for Dubuque County, iowa. Passed, approved and adopted this 1st day of March, 1999. Torrance M. Duggan, Mayor Attest: Map/A: Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 98-99 A RESOLUTION ACCEPTING CONVEYANCE OF CITY LOT 303A IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA AS SHOWN ON RIGHT-OF-WAY PLAT EXHIBIT "A" Whereas, the City of Dubuque, in consideration of the payment of $41,000.00 purchased City Lot 303A in the City of Dubuque, Dubuque County, Iowa, as shown on right-of-way plat Exhibit "A" attached hereto and by reference made a part hereof,, and Whereas, the State of Iowa has executed patent #4711 conveying said property to the City of Dubuque, iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves of, accepts, and consents to patent #-4711 from the Iowa Department of Transportation conveying City Lot 303A in the City of Dubuque, Dubuque County, Iowa, as shown on right-of-way plat Exhibit "A" attached hereto. Section 2. That the City Clerk be and is hereby authorized and directed to a copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this I st day of March, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. City Manager recommending approval to publish combined notice for release of funds for Eagle Window & Door Project, presented and read. Buol moved that the communication be received and tiled. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 99-99 A RESOLUTION AUTHORIZING PUBLICATION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR THE EAGLE WINDOW & DOOR PROJECT Whereas, the City of Dubuque entered into a Grant Agreement for the Fiscal Year 1999 commencing July 1, 1998, with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title t of the Housing and Community Development Act of 1974, as amended; and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the Eagle Window & Door project; and Whereas, based on said environmental review, the Community and Economic Development Department has determined that said project will have no significant impact on the environment; and Whereas, a combined notice of" Finding of No Significant Impact on the Environment" and of "intent to Request Release of Funds" for said project will be sent by regular mail to various federal, state and toca[ public agencies; to the appropriate Regional Office of the Environmental Protection Agency, to the HUD Area Office and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a notice; and Whereas, any and all comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds and Certification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City C~erk be and is hereby authorized and directed to publish a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the 79 Regular Session, March 1, 1999 Eagle Window & Door project and to make the Environmental Review Record for said projects available for public inspection and comment until 5:00 p.m. on March 19, 1999. Such noitce shall be in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the environmental review record for the project shall be placed on file in the Office of the City Clerk where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Development fifteen (15) days after publication of appropriate notice a Request for Release of Funds to undertake the said project Section 4. That the Mayor of the City of Dubuque is hereby authorlzed to consent to assume the status of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilifes for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent personarly, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an acfJon is brought to enforce responsibilifes in relation to environmental review, decision making and action. Semen 6. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. Passed, approved and adopted this 1st day of March, 1999. Terrance M. Duggan, Mayor Attest. MaryA. Davis, City Clerk Suol moved adoption of the resolution. Seconded by Robbins. Motion carried 7~0. City Manager recommending acceptance of Dubuque Technology Park Site Grading Project, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried RESOLUTION NO. 100-99 ACCEPTING IMPROVEMENT Whereas, the contract for the Dubuque Technology Park - Site Grading Completion has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. 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 $338,054.48 in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 1st day of March, 1999. Terrance M. Duggan, Mayor Attest MaryA. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO, 101-99 FINAL ESTIMATE Whereas, the contract for the Dubuque Technology Park - Site Grading Complefion has been completed and the City Engineer has submitted his final e~mate showing the cost thereof including the cost of estimates, notices and inspec~on 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 $338,054.48 and the said amount shall be paid from General Fund, Sales Tax Fund, and UDAG Repayment Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 1st day of March, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, C~ Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. City Manager recommending approval of the Administrative Services and Financial Agreement for the Delta Dental Plan, presented and read. Buol moved that the communication be Re.qular Session, March ~, 1999 80 received and filed and recommendation approved. Seconded by Robbins. Motion carded 7-0. City Manager recommending approval of amendment to ADL/Advanced Data Corem Development to extend closing to March 18th, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Robbins. Motion carded 7-0. City Manager recommending approval of CEBA application for Cottingham & Butler, presented and read. Buol moved that the communication be received and flied. Seconded by Robbins. Motion carried RESOLUTION NO. i02-99 A RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) APPLICATION ON BEHALF OF COTTINGHAM & BUTLER. Whereas, COTTINGHAM & BUTLER, a local insurance services company, has proposed the expansion of its existing operations in downtown Dubuque; and Whereas, the City Council of Dubuque, Iowa has considered said proposal and has determined that the proposed project wi[l contribute to the local economy through the creation of jobs for area residents; and Whereas, the Iowa Department of Economic Development's Community Economic Betterment Account (CEBA) was designed to assist in the economic development efforts of local jurisdictions; and Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the Community Economic Betterment Account program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an application for paYdcipaflon in the Iowa Communfb/ Economic Betterment Account program on behalf of Cottingham & Butler is approved. Section 2. That the local match as identified in the application is hereby approved. Section 3. That the Mayor is hereby authorized and directed to execute and submit said application to the State of Iowa Economic Development Commission together with such documents as may be required. Passed, approved, and adopted this 1st day of March, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. City Manager recommending approval of Amendment :~2 to CarteGraph to extend date for closing, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Robbins. Motion carried 7-0. City Manager recommending approval of right-of-way acquisition with IDOT on Iowa Highway 32, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded RESOLUTION NO. 103-99 RESOLUTION APPROVING COOPERATIVE AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING TO RIGHT-OF-WAY ACQUISITION FOR THE CONSTRUCTION OF IOWA HIGHWAY 32 (NORTHWEST ARTERIAL} FROM JOHN F. KENNEDY ROAD TO U.S. 52 Whereas, the Iowa Department of Transportation (LD.O.T.) is proposing to construct a four-lane divided highway to be known as Iowa Highway 32 extending from its current terminus at John F. Kennedy Road to U.S. Highway 52; and Whereas, I.D.O.T. has prepared a project agreement outlining the respective duties and responsibilities of each party; and Whereas, the City Counci] of the City of Dubuque approves the terms and condigns of said cooperative agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Department of Transport~on Agreement No. 98-1-178 consisting of a project agreement for the acquisition of right-of-way for the constru~on of the Iowa Highway 32 (Northwest Arterial) from John F. Kennedy Road to U.S. 52, together with the proposed funding agreement be approved. 81 Regular Session, March 1,1999 Section 2. That the Mayor be authorized and directed to execute two (2) copies of the Coopere'dve Agreement and forward the executed copies to the Iowa Department of Transportation. Passed, approved and adopted this 1st day of March, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 104-99 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 tiled proper bands. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS"B" BEER PERMIT KMs Wodd P~zza Place KMs World Pizza Place+(Sunday Sale) 3033 Asbury Rd GMS Inc Bunker Hill Golf Course+(Sunday/Outdoor Sale) 2200 Bunker Hill Rd CLASS "C" BEER PERMIT Nash Finch Comp.. Econofoodsft-471 +(Sunday Sate) 3355 JFK Rd Dubuque Discount Gas [nc Dubuque Discount Gas +(Sunday Sale) 4110 Dodge St Molo Oil Cam Big 10 Mart +(Sunday Sale) 2100 JFK Rd Passed, approved and adopted this 1st day March, 1999. Torrance M. Duggan, Mayor Attest: Mary A Davis, City Clerk Buol moved adop~on of the resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 105-99 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 occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have tiled proper bonds. NOW, THEREFORE, BE iT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be author[zed to cause to be issued the following named applicants a Liquor License. CLASS 'B' (HOTEL/MOTEL) BEER/LIQUOR LICENSE Dubuque Lodging Inc. Days Inn+(Sunday & Outdoor Sale) 1111 Dodge St CLASS "C" (COMMERCIAL) BEER/LIQUOR LICENSE Fraternal Order of Eagles Eagles Club +(Sunday Sale) 1175 Century Dr Dubuque Riverboat Entertainment Diamond Jo Casino (Sunday/Outside Sale) 400 E. 3rd St Marvin J. Rapp Cue Master Limited +(Sunday Sale) 900 Central Ave Dubuque Racing Assoc. DBQ Greyhound Pk/Casino +(Sunday/Outdoor) 1855 Greyhound Park Dr Enke Investment Co. Finney's Bar & Gdil+(Sunday Sale) 2155 Southpark Ct Hammerheads Hammerheads BadBilliards +(Sunday Sale) 2095 Kerper Blvd Neighbor's Inc. Neighbor's Taps 1899 Rockdale Rd CLASS "B"ONB) WINE PERMIT Nash Finch Cam Econofoods ,~471+(Sunday Sale) 3355 JFK Rd Passed, approved and adopted this 1st day of March, 1999. Terrence M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. BOARDS AND COMMISSIONS: HOUSING CODE APPEALS BOARD Two three-year terms which will expire 1-11-02. Applicants: Tom Hannah, Robert Sampson. Michalski moved that Tom Hannan be reappointed and Robert Sampson appointed to the Housing Code appeals Board for terms that will expire 1-11-02. Seconded by Markham. Motion carried 7-0. Robbins moved to suspend the rules to allow anyone present to address the Council if they so desire. Proof of publication ced~ed to by the Publisher on Notice of Public Heating to consider annexing Reqular Session, March ;~ 1399 8? properties as requested by Ronald & Joann Ludwig and Lawrence and Katherine Ludwig located west of Peru Road, south of the Ginger Ridge subdivision and north of the Terrace Heights Mobile Home Park, presented and read. Michalski moved that the proof be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 106-99 RESOLUTION ANNEXING CERTAIN PROPERTY TO THE CITY OF DUBUQUE, IOWA Whereas, Ronald and Joann Ludwig , as owners of appreximately 20 acres of property lying outside the corporate limits of the City of Dubuque, iowa, have voluntarily pe~oned for annexation of said territory to the City of Dubuque, as shown in Exhibit A; and Whereas, Lawrence and Kathedne Ludwig, as owners of appreximate~y 19.8 acres of property lying outside the corporate limits of the C~ of Dubuque, Iowa, and Edward D. Tschiggfde, as contract buyer of said property, have voluntarily petitioned for annexation of said territory to the City of Dubuque, Iowa, as shown in Exhibit A; and Whereas, Chapter 368 of the Code of Iowa authorizes the extension of city limits in situations of this character by the adoption of a resolution after notification as required by State reguJations; and Whereas, the future growth and development of the City of Dubuque, Iowa, make it desirable that said property be made a part of the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the territorial Jimits of the City of Dubuque, Iowa, be, and they are hereby extended, to include property legally described as Lot 2 of Lot 1 of the SE 1t4 of the SE 1/4 of Section 2 in Township 89 N Range 2E of the 5th P.M., and Lot 1 of Lot 1 of the SE 1/4 of the SE 1/4 of Section 2 in Township 89 N Range 2E of the 5th P.M. in Dubuque County, Iowa. Section 2. That the territory hereby annexed shall become a part of the Third Ward, Twelfth Precinct of the City of Dubuque, Iowa. Section 3. That the City Clerk shall file this resolution, all Exhibits and the petition for voluntary annexation with the City Development Board of the State of Iowa. Passed, approved and adopted this 1st day of March, 1999. Torrance M. Duggan, Mayor Attest:. MaryA. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. Proof of publication ceriJfied to by the Publisher on Notice of Public Hearing to consider reclassifying properties West of Peru Read and North of Kennedy Court from County A- 1 to PUD for Emerald Acres No. 2, concurrent with annexation (Lawrence & Katherine Ludwig with contract to Tschiggfrie), presented and read. Nicholson moved that the proof be received and filed. Seconded by Robbins. Motion carried 7-0. Lawrence Ludwig spoke. Harry Aithaus of Gardners Lane as an adjoining property owner spoke of water drainage concerns. An Ordinance Reclassifying property located West of Peru Road and North of Kennedy Court from Dubuque County A-1 Agricultural District to Cites PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a Conceptual Development plan with conditions, for Emerald Acres No. 2, with first and second readings given on 2-15-99, now presented for final action. (OFFICIAL PUBLICATION} ORDINANCE NO. 10-99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED WEST OF PERU ROAD AND NORTH OF KENNEDY COURT FROM DUBUQUE COUNTY A-1 AGRICULTURAL DISTRICT TO CITY OF DUBUQUE PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN WTTH CONDITIONS, FOR EMERALD ACRES NO. 2, CONCURRENT vVrrH ANNEXATION. Whereas, Lawrence and Katherine Ludwig, property owners, and Edward 83 Regular Session, March 1, 1999 D. Tschiggfde, contract buyer, have requested rezoning concurrent with annexation to the City of Dubuque, in accordance with Section 2-3 of Appendix A (the Zoning Ordinance) of th'e City of Dubuque Code - of Ordinances; and Whereas, the request has been found to be consistent with the Comprehensive Plan and the Future Land Use Map of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from Dubuque County A-1 Agricultural District to City of Dubuque PUD Planned Unit Development District with a Planned Residential designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, for Emerald Acres No. 2 as stated below, to wit. Lot 2 of Lot 1 of SE 1/4 of the SE 1/4 Sec. 2 T89N, R2E and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5 (1993), and as an express condition of the reclassification, the undersigned property owners agrees to the following conditions, all of which the property owners further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Use Renulations. The following regulations shall apply to all uses made of land in the above described PUD District: 1) Principal permitted uses for Lots 1 through 23 shall be limited to: a)Single-famHy detached dwellings--ii 1]. 2) Principal permitted uses for Lots 24 and 25 shall be limited to: a) Single-family detached dwellings--ii 1]. b) Two-family dwelling (duplex)--ill]. c) Multi-family dwelling (maximum six (6) dwelling unlts)---[9]. d) Townhouses (maximum six (6) dwelling units)--ii 1]. Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. [ ] Parking group--see Section 4-2 of the Zoning Ordinance. B. Lot and Bulk Regulations. Development of land in the PUD District shall be regulated as follows: 1) Lots for single-family dwellings shall meet bulk regulations set forth in the Zoning Ordinance for the R-1 Single- Family Residential District. i2n) Ail multi-family residential structures the Planned Residential development shall meet bulk regulations set forth in the Zoning Ordinance for the R-3 Moderate Density Multi-Family Residential District. C. Performance Standards. The development and maintenance of uses in this PUD District shall be established in conformance With Section 3-5.5 of the Zoning Ordinance and the following standards: 1) Proposed public streets in the Planned Residential development shall be designed and built to City Engineering specifications. 2) Tanzanite Drive shall be constructed to a width of 37 feet. 3) Erosion control devices shall be provided during all phases of construction of the Planned Residential development. 4) Parking requirements for allowed uses shall be as per the parking group for the designated use, in accordance with Section 4-2 of the Zoning Ordinance. 5) Sidewalks shall be provided adjoining all public streets. 6) Storm water control tacilities will be installed as per City Engineering requirements. 7) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior to construction of any buildings. D. ODen S~ce end Recreational Are~ Open space and landscaping in the PUD Distdct shall be regulated as follows: 1) Those areas not designated on the conceptual plan for development shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance, by the property owner and/or association. E. Sign Regulations. Signs in the PUD District shall be regulated as follows: 1) Signs shall be allowed in the Planned Residential development in accordance with the R-1 sign regulations of the Zoning Ordinance. 1) That the attached conceptual development plan shall consdJtute a preliminary subdivision plat, in accordance with Chapter 42, Reqular Session, March 1, 1999 84 SubdMsion Regulations, of the City of Dubuque Code of Ordinances. 2) That the property between the south right-of-way line of Tanzanlte Drive and the south property line of Lot 2 of Lot 1 of SE 114 of SE 1/4, Sec. 2 must comply with the regulations adopted for Alpine Heights Mobile Home Park Ordinance No. 72-98. G. Tr~f~sfer of Ownemhio Transfer of ownership or lease of property in this PUD Dis~ct shall include in the transfer or lease agreement a provision that the purchaser or tessee acknowledges awareness of the conditions authorizing the establishment of the district. H. Reclassification cf Subiect Prooertv. The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to the AG Agricultural District in accordance with Section 6 of the Zoning Ordinance if the property owners fail to complete or maintain any of the conditions of this ordinance. L Modifications. Any modifications of this Ordinance must be approved by the Cfty Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. J. Recording. A copy of this ordinance shall be recorded at the expense of the property owners with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Se~on 3. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Section 4. The foregoing amendment shall take effect upon publication, as provided by law, and at such time that the herein described property is legally annexed into the City of Dubuque, Iowa. Passed, approved and adopted this 1st day of March, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 10-99 We, Lawrence and Katherine Ludwig, property owners, having read the terms and conditions of the foregoing Ordinance No.10-99 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 25th day of February, 1999. By/s/ Lawrence Ludwig By Is/Katherine Ludwig Published officially in the Telegraph Herald newspaper this 8th day of March, 1999. 1 t 3/8 Mary A. Davis CMC, Cfc~y Clerk Nicholson moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice of Public Hearing to consider reclassifcng property located at 17111 Peru Road from County A-1 to R-t, concurrent with annexation (Ronald & Joann Ludwig), presented and read, Markham moved that the proof be received and tiled. Seconded by Nicholson. Motion carried 7-0. An Ordinance Reclassifying property located at 17111 Peru Road from Dubuque County A-1 Agricultural District to Cites R-1 Single-Family Residential District, with first and second readings given on 2-15-99, now presented for tinal action. (OFFICIAL PUBLICATION) ORDINANCE NO. 11-99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 17111 PERU ROAD FROM DUBUQUE COUNTY A-1 AGRICULTURAL DISTRICT TO CITY OF DUBUQUE R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT, CONCURRENT WITH ANNEXATION. Whereas, Ronald and Joann Ludwig, property owners, have requested rezoning concurrent with the annexation to the City of Dubuque, in accordance with Section 2-3 of Appendix A (the Zoning Ordinance) of the City of Dubuque code of Ordinances; and Whereas, this request has been found to be consistent with the Comprehensive Plan and the Future Land Use Map of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: 85 Regular Session, March 1, 1999 Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from Dubuque County A-1 Agricultural Distdct to City of Dubuque R-1 Single- Family Residential District, to wit: Lot 1 of I SE 1/4 SE 1/4 Section 2, T89N, R2E and to the center line of the adjoining public dght-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law, and at such time that the herein described property is legally annexed into the City of Dubuque, Iowa. Passed, approved and adopted this 1st day of March, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, C~ Clerk Published officially in the Telegraph Herald newspaper this 8th day of March, 1999. It 3/8 Mary A. Davis CMC, City Clerk Markham moved final consideration and passage of the Ordinance. Seconded by Nichoison. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice of Public Hearing to consider reclassifying property North of Kennedy Court and West of Peru Rd. from AG to R-1 District (Tschiggffie), presented and read. Markham moved that the proofs be received and filed. Seconded by Nicholson. Motion carded 7-0, An Ordinance Reclassifying property located North of Kennedy Court and West of Peru Road from AG Agricultural Distdct to R-1 Single- Family Residential District, with first and second readings given on 2-15- 99, now presented for dna[ action. (OFFICIAL PUBLICATION) ORDINANCE NO. 12-99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NORTH OF KENNEDY COURT AND WEST OF PERU ROAD FROM AG AGRICULTURAL DISTRICT TO SINGLE-FAMILY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclass~ing the hereinafter described property from AG Agricultural Distdct to R-1 Single- Family Residential District, to wit: Lot 2 of l of 5 and Lot l oflof2of5 SW 1/4 Section 1, T89N, R2E and to the center line of the adjoining public right-of-way, all in the City of Dubuque, iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 1st day of March, 1999. Terrence M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 8th day of March, 1999. It 3/8 Mary A. Davis CMC, City Clerk Buol moved final consideration and passage of the Ordinance. Seconded by Nichelson. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice of Public Headng to consider reclassifying property adjacent to 3939 Pennsylvania Ave. fram R-1 to C-3 District. (East Dubuque Bancshares), presented and read. Markham moved that the proof be received and filed. Seconded by Nicholson. Motion carded 7-0. Da~ Bar[dow of East Dubuque Savings Bank and Terry Bemis, Pastor of the Church at 3939 Pennsylvania spoke requesting Council approve the rezoning. An Ordinance Reclassifying property located adjacent to 3939 Pennsylvania Avenue from R-1 Single- Family Residential District to C-3 General Commercial District, with first and second readings given on 2-15-99, now presented for final action. (OFFICIAL PUBLICATION} ORDINANCE NO. 13-99 AN ORDINANCE AMENDING Reqular Session, March 1~ 1999 86 APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ADJACENT TO 3939 PENNSYLVANIA AVENUE FROM R-I SINGLE-FAMILY RESIDENTIAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C]T'Y' OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the Cb of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from R-1 Single~Family Residental District to C- 3 General Commercial District, to wit The west 180 feet of Lot 2 of Lot 2 of Lot 1 of Byrne's SubdMsion, and to the center line of the adjoining public right- of-way, all in the City of Dubuque, Iowa. Seddon 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. Passed, approved and adopted this 1st day of March, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published off-icia[ly in the Telegraph Herald newspaper this 8th day of March, 1999, It 3/8 Mary A. Davis CMC, City Clerk Markham moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7~0. Proof of publicaton certfied to by the Publisher on Notice of Public Hearing to consider amendment pertaining to freestanding signage of PC Distdct located at 255 JFK Rd. (Shopko), presented and read. Robbins moved that the proof be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Repealing Section 2.E(1) of Ordinance No. 61-89 and enacting a new Section 2. E(1) in lieu thereof pertaining to Freestanding Signage of the PC Planned Commercial District located at 255 John F. Kennedy Road with first and second readings given on 2-15-99, now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 14-99 AN ORDINANCE AMENDING APPENDIX A O'HE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY REPEALING SECTION 2. E.(1} OF ORDINANCE 61.89 AND ENACTING A NEW SECTION 2.E.(1) IN LIEU THEREOF PERTAINING TO FREESTANDING SlGNAGE OF THE PC PLANNED COMMERCIAL DISTPJCT LOCATED AT 255 JOHN F. KENNEDY ROAD. Whereas, Ordinance 61-89 was adopted on December 12, 1989 by the City Council amending the PC Planned Commercial District located at 255 John F. Kennedy Road; and Whereas, Shopko, 255 John F. Kennedy Road, on behalf of Ryan Companies, property owner, has requested an amendment to the PUD Ordinance regulating freestanding signage allowed in the PC Planned Commercial District located at 255 John F. Kennedy Road for Shopko. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That Appendix A (the Zoning Ordinance) is hereby amended by repealing Se~on 2.E.(1) of Ordinance 61-89 and ena~ng a new Section 2. E.(1) in lieu thereof, as follows: E. Sidn Rec~ula~Joes. 1) One freestanding on-premise sign shall be permitted with a maximum area of 350 square feet and a maximum height of 40 feet. Se~on 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. Passed, approved and adopted this 1 st day of March, 1999. Terrance M. Duggan, Mayer Attest: Mary A. Davis, City Clerk ACCEPTANCE OF ORDINANCE NO 14-99 I, John P. Kelly, representative for Ryan Companies, property owner, having read the terms and conditions of the foregoing Ordinance No. 14-99, and being familiar with the conditions thereof, hereby accept the same and agree to the conditirms required therein. Dated this 1st day of March, 1999. 87 Regular Session, March 1, 1999 /s/John P. Kelly Ryan Companies Published officially in the Telegraph Herald newspaper this 8th day of March, 1999. It 3/8 Mary A. Davis CMC, City Clerk Robbins moved final consideration and passage of the Ordinance. Seconded by Nicholson. Mo'ach carded 7-0. Proof of pubiica'aon cert~ed to by the Publisher on Notice of Heating to consider issuance of not to exceed $900,000 Urban Renewal Tax Increment Revenue Bond to support Advanced Dsta-Comm Project and City Manager recommending to proceed with issuance of bonds, presented and read. Budi moved that the proof and communication be received and filed. Seconded by MichalskJ. Motion carded 7-0. RESOLUTION NO. 107-99 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR TIlE ISSUANCE OF NOT TO EXCEED $900,000 URBAN RENEWAL TAX INCREMENT REVENUE BONDS Whereas, pursuant to notice published as required by law, this Council has held a public mee'ang and hearing upon the proposal to ins~ute proceedings for the issuance of not to exceed $900,000 Urban Renewal Tax Increment Revenue Bonds for the purpose of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of lewa and the Urban Renewal Plan for the Dubuque Industrial Center/South Economic Development Disthct, including those costs associated with the funding of an economic development grant to Advanced Data-Comm, Inc., an Iowa corporation, pursuant to and under the conditions set forth in a Development Agreement dated as of November 16, 1998 by and among the City of Dubuque, ADC Properties, L.C., an Iowa limited liability company, and Advanced Data Comm, Inc. in respect of certain minimum improvements to be constructed and jobs to be created and maintained by said parties in the Dubuque Industrial Center/South Economic Development District, and has considered the extent of objections received from residents or property ownem as to said proposed issuance; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof. Now, Therefore, Be It Resolved By The City Council Of The City Of Dubuque, Iowa: Section 1. That this Council does hereby institute proceedings and takes add~onal action for the sale and issuance in the manner required by law of not to exceed $900,000 Urban Renewal Tax Increment Revenue Bonds for the foregoing purpose. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said Urban Renewal Tax increment Revenue Bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said Urban Renewal Tax Increment Revenue Bonds on a basis favorable to the City and acceptable to the Council. Passed and approved this 1st day of March, 1999. Terrance M. Duggan, Mayor Attest:. MaryA. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Michalski. Motion carded 7-0. Proof of publication certified to by the Publisher on No'ace of Public Headng to consider reclassEying property at Southwest corner of Northwest Arterial and Asbury Rd. from AG and C-3 District to PC designation (QHQ PropoSes); Per,ion containing 164 names ob. iecting to re,zoning request and access road to the Northwest Arterial; Petition containing 195 signatures in favor of rezoning; and QHQ responding to issues regarding the zoning at Northwest Artedal & Asbury, presented and read. Nicholson moved that the proof, )etifions and communication be received and filed. Seconded by Markham. Carried by the following vote: Yeas---Duggan, Markham, Michalski, Nicholson. Nays--Budi, Robbins, Voetberg. Tim Quagliano & Jesse Anesi spoke to the project. Ron Paisley, Tom Schroeder, John Jungblut, John So[walke, Bud Schmidt, Jim Yeast, and Helen Varner all spoke objecting to vadous aspects of the proposed Regular Session, March 1, 1999 88 development. Jeff Streinz, owner of Dubuque Discount Gas, spoke in favor of the rezoning. An Ordinance Reclassifying property located at Southwest corner of the Northwest Artedal and Asbury Road from AG Agricultural District and C-3 General Commercial District, with conditions, to PUD Planned Unit Development District with a PC Planned Commercial District designation and adopting a Conceptual Development Plan, with conditions. with first and second readings given on 2-15-99, now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 15-99 AN ORDINANCE AMENDING APPENDIX A {THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT SOUTHWEST CORNER OF THE NORTHWEST ARTERIAL AND ASBURY ROAD FROM AG AGRICULTURAL DISTRICT AND C-3 GENERAL COMMERCIAL DISTRICT, WITH CONDITIONS, TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from AG Agricultural District and C-3 General Commercial District, with conditions, to PUD Planned Unit Development District w~h a PC Planned Commercial Distdct designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions as stated below, to wit: The north 880 feet of Lot I of QHQ Place of the SE 1/4 NE 1/4, Section 20, Township 89 North, Range 2 East and to the center line of the adjoining public right-of-way, ali in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5 (1993), and as an express condition of the rec[aesification, the undersigned property owner agrees to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Use Reouleiions The following regulations shall apply to all land uses in the above described PUD District: 1) Principal permitted uses of the lots designated for commercial development shall be limited to: General offices---J4]. Medical office/diinic---[36]. Dental/medical lab--J8]. Personal services--ii4]. Barber/beauty shops--ii6]. MoteP-[24]. Gas station--ii8]. Retail sales/service--ii 7]. Laundry/dry cleaner--ii9]. Shoe repairS18]. Bakery ¢¢h olesale/com mercial)---[19]. Indoor restaurant---{20]. Bar/tavern--{20]. Automated gas station~18]. Service station---[21]. Supermarket---ii7]. Tailodng/atlerations---[18]. · Furniture/hem e fu rnishing.--[27]. Appliance sales/service--[27]. Catalog center--J23]. · Drive-in/carry-out restaurant--J28]. · Drive-up automated bank teller--[8]. · Self-service carwash--[8]. · Neighborhood shopping center--ii7]. · Business services--J29]. Department stores---ii7]. Banks/savings and loans, and credit unions---[31]. Indoor amusement center--[37]. Vending/game machine sales and service [19]. i Indoor recreation facirifies--[37]. Mail-order houses---[23]. Lumberyards/building mstedals sales--ii9]. Printing/pu blishin g---{32]. Full-service carwash.--{8]. Auto sales/service--J38]. ~ Motorcycle sales and service---J41]. · Local shopping center--ii7]. 2) Accessory uses shall include any use customarily incidental and subordinate to the principal use it ] Parking group--see Section 4-2 of the Zoning Ordinance. B. Lot and Bulk Regulations. Development of land in the PUD District shall be regulated as follows: 1) All building structures and activities 89 Regular Session, March 1, 1999 shall be located in accordance with provisions of the PUD District regulations of this ordinance and of Section 3-5.5 of the Zoning Ordinance. 2) AJI buildings and structures located on lots designated for commercial development shall meet bulk regulations set forth in the Zoning Ordinance for the C-3 General Commercial District, Section 3-3.3(F). C. Performance Standards. The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1) Public streets within the Planned Unit Development Distdct shall be designed and built to City Engineering specifications. 2) The first public street shall be constructed concurrent with the development of Lots 1, 2, and 3. The second public street shall be constructed along the west property line prior to development of Lot 4. 3) Erosion control shall be provided dudng ail phases of construddon. 4) Parking requirements for allowed uses in the PUD District shall be as per the parking group for the designated use, in accordance with Section 4-2 of the Zoning Ordinance. 5) Sidewalks shall be provided adjoining all public streets. 6) Storm water detention facilities will be provided as per City Engineering requirements. 7) Adequate illumination shall be provided to areas used for vehicle and pedestrian circulation. Light fixtures shall be of a cut-off design and be mounted at a 90 degree angle to a vertical light standard. 8) The conceptual plan shall serve as the preliminary plat for the PUD District. Subdivision plats and improvement plan shall be subm~ed in accordance with Chapter 42, Subdivision Regulations, of the City of Dubuque Code of Ordinances. 9) Final site development plans shall be submitted in accordance with SestJon 4-4 of the Zoning Ordinance of the City of Dubuque, Iowa, prior to construction of any buildings. 10) Developer shall set aside a 30 ft east/west x 275 ft. north/south buffer easement area starting at the southwest corner of Lot 4. Landscape buffer shall consist of a 5 ft. high berm with evergreen trees planted 15 ft. on center. Trees shall be 8 ft high at time of planting. The type of evergreen trees shall be selected by the owner of Lot 11. The berm and landscaping shall be installed prior to the opening, if any, of the retail stores on Lots 2 or 3, provided all four lots are zoned commercial. D. Open Space and Landscaping Open space and landscaping in the PUD Distdct shall be regulated as follows: Those areas not designated on the conceptual plan for development shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance, by the property owners and/or aesociafion. E. Sion Reoulations. Signs in the PUD Distdst shall be regulated as follows: 1) On-premise signage shall be regulated by the C-3 General Commercial Distdst sign regulations of Section 4-3.11 of the Zoning Ordinance, except that each lot shall be limited to one (1) freestanding sign per .business, with each sign to be a ma~mum of 25 feet high and 108 square feet in size. 2) Off-premise signage shall be regulated by the C-3 General Commercial Distdct sign regulations of Section 4-3.11 of the Zoning Ordinance. F. Transfer of Ownership Transfer of ownership or leaee of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the PUD DistHct~ G.Reclessification of Sub!ect Prooertv, The City of Dubuque, Iowa, may initiate zoning reclass'r~cafion proceedings to the AG Agricultural Distdct in accordance with Section 6 of the Zoning Ordinance if the property owner fails to complete or maintain any of the conditions of this ordinance. H. Modifications. Any modifications of this Ordinance must be approved by the Cb Council in accordance with zoning reclaesification proceedings of Section 6 of the Zoning Ordinance. I. Recordinq, A copy of this ordinance shall be recorded at the expense of the property owner with the Dubuque County Recorder as a permanent record of the condi~ons accepted as part of this reclassification approval within ten (10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and Reqular Session, March 1,1999 90 his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall fake effect upon publication, as provided by law. Passed, approved and adopted this 1st day of March, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 15-99 I, Michael D. Quagliano, representing QHQ Propedies, property owner, having road the terms and conditions of the foregoing Ordinance No.15-99 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 22nd day of February, 1999. By/s/Michael D. Quagliano QHQ Properties Nicholson moved final consideration and passage of the Ordinance. Seconded by Markham. Carded bythe following vote: Yeas--Duggan, Markham, MichalskJ, Nicholson. Nays--Buol, Robbins, Voetberg. Proofs of Publication cer~ied to by the Publisher on Notice of Hearing on Plans & Specs. and Notice to Bidders on Receipt of Bids for Dubuque Greyhound Park & Casino Kennel Area Parking Lot improvements, presented and read. Robbins moved that the proofs be received and filed. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 108-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 30th day of January, 1999, plans, specifications, form of contract and estimated cost were tiled with the City Clerk of Dubuque, Iowa for the Dubuque Greyhound Park and Casino Kennel Area Parking Let Improvements. 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 1st day of March, 1999. Torrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Robbins moved adoption of the Rssol~on. Seconded by BuoL Motion carried 7-0. City Manager recommending to awarding contract for project. presented and read. Robbins moved that the communication be received and filed. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 109-99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Dubuque Greyhound Park and Casino Kennel Area Parking Lot improvements pursuant to Resolution No. 63-99 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 5th day of FebruapJ, 1999. Whereas, said sealed proposals were opened and read on the 18th day of February, 1999, and it has been determined that the bid of Tschiggfde Excavating, Inc. of Dubuque, Iowa, in the amount of $60,092.50 was the lowest bid for the furnishings of air labor and mafadals and performing the work as provided for in the plans and specific~ons. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Tschiggfrie Excavating, inc. and the Manager be and is hereby directed to execute a contract on behalf of the C~ of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 1st day of March, 1999. Terrence M. Duggan, Mayor Attest: Ma~y A. Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Buo[. Motion carried 7-0. City Manager recommending 91 Regular Session, March 1, 1999 approval of revisions to Code of Ordinances pertaining to parks and recreation, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carded 7-0. An Ordinance Amending Chapter 14 of the Code of Ordinances, Parks and Recreation, by renaming certain parks and establishing certain new parks; by amending Section 34-54 prohibiting dogs, cats and other domes'dc animals in any park; and by amending and renumbedng Sec. 34-67 rela~Jng to the use of bicycles, motorcycles, etc. in parks, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 16-99 AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, PARKS AND RECREATION, BY RENAMING CERTAIN PARKS AND ESTABLISHING CERTAIN NEW PARKS; AND BY AMENDING AND RENUMBERING SEC. 34-67 RELATING TO THE USE OF BICYCLES, MOTORCYCLES, ETC. IN PARKS. NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 34.62(d) of the City of Dubuque Code of Ordinances is amended to read as follows: (d) The consumption or use of beer is prohibited in the following-named parks: Jackson Park, Grant Park, Washington Park, Burden Park, Madison Park, Allison-Henderson Park, Jefferson Park, Hilltop Park, Oakwood Park, Falk Park, E.B. Lyons Prairie\Woodland Preserve, Flat Iron Park, Nicholas J. Sutton Swimming Pool, Comiskey Park, Gay Park, Avon Park, Caledonia Park, Waller-Cooper Park, Cleveland Park, Valley High Park, Hiilcrest Park, Valentine Park, Pinard Park, Rocca Buda Jr. Park, Sunnyslopes Park, Mama Ridge Children's Forest, Medical Associates Greenbelt, Hedtage Trail, Elmwood Green Park, Granger Creek Nature Trail, Southern Park and Usha Park. Section 2. Section 34.67(e) of the City of Dubuque Code of Ordinances is renumberad and amended to read as follows: Sec. 32-251. Use of bicycles, motorcycles, etc. in parks. (a) The use of bicycles, motorcycles, motor scooters, go-carts, cars, trucks and other motor-driven vehicles other than those vehicles engaged in authorized park maintenance and security in any park, recreation facility, or trail may be prohibited by the Park and Recreation Commission. (b) it shall be unlawful for the operator of any car, truck, motorcycle or any other type vehicle to stop, stand or park upon any roadway or in any parking areas in any park, recreation facility, or trail in such manner as to obstruct the flow of traffic. (c} It shall be unlawful for any person or persons to play games, catch, throwing of fdsbees or other objects, gathering in groups on any roadway or parking areas in any park, recreation facility, or trail as to obstruct the flow of traffic. (d) It shall be unlawful to park any car, truck, motorcycle or other type of vehicle along any roadway or area in any park or recreation facility that is posted prohibiting such parking. (e) It shall be unlawful for any car, truck, motorcycle er any other type of motorized vehicle to ddve on and/or park on any grass area, sidewalk or troll in any park, recreation facility, or trail except with the express permission of the Leisure Services Manager's designee. Section 3. Section 34-74(h) of the City of Dubuque Code of Ordinances is amended to read as follows: (h) The following parks and park and recreation facilities shall be open for use by the public from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. daily:. Allison Henderson Park Avon Park Burden Park Caledonia Park Cleveland Park Comiskey Park Eimwood Green Park Falk Park Flat Iron Park Flora Park Gay Park Granger Creek Nature Trail Grant Park Heritage Trail Hillcrest Park Hilltop Park Jackson Park Jefferson Park Madison Park Mama Ridge Children's Forest Medical Associates Greenbelt Oakwood Park Pinard Park Rocca Buda Jr. Park Reqular Session,~March '{, 1999 92 Southern Park Sunnyslopes Park Usha Park Valentine Park VaIley High Park Waller-Cooper Park Washington Park Section 4. Section 34-91 of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 34-91. Caledonia Park. The following described parcel of real estate is and shall be used for public park purposes and shalt be continued to be known, called and named as "Caledonia Park" and placed under the jurisdiction of the Park and Recrea~on Commission: Lot 38 of Kelly's Subdivision in the City of Dubuque, Iowa. Section 5. Section 34-101 of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 34-101. Waller-Cooper Park. The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as '~Va]ler-Cooper Park" and placed under the judsdiction of the Park and Recreation Commission: Lots 26, 27 and 28 in Cooper Heights Addition in the City of Dubuque, iowa. Section 6. Section 34-102 of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 34-102. Falk Park. The following described parcel of real estate is and shal~ be used for public park purposes and shall be continued to be known, called and named as "Falk Park" and p[acad under the jurisdiction of the Park and Recreation Commission: Lot 23 in Falks SubdMsion in the City cf Dubuque, Iowa. Section 7. Section 34-I03 of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 34-103. Hillcrest Park The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Hi[Icrest Park" and placed under the jurisdiction of the Park and Recreation Commission: Lot 1 of Lot 4 of Mineral Lot 261 in the City of Dubuque, ~owa. Section 8. Sec'don 34-104 of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 34-104. Gay Park. The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Gay Park" and placed under the jurisdiction of the Park and Recreation Commission: Lot I of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 in Young Pdmrsse Place and Lots 3 and 4 in Grommersch Place, all in the City of Dubuque, Iowa. Section 9. Section 34-105 of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 34-105. Valley High Park The fo[lowing described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, cai[ed and named as '~/alley High Park" and 31aced under the jurisdiction of the Park and Recreation Commission: Lot 2 of Lot 1 of Lot 1 of Lot 1 in Mineral Lot 337 and Lot 5 in Wiegand's SubdMsion, all in the c~ of Dubuque, Iowa. Section 10. Section 34-107 of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 34-107. Burden Park. The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Burden Park" and placed under the jurisdiction of the Park and Recreation Commission: Lot 1 of Lot 1 of Lot 3 northeast quarter, Section 13, Township 89 North, Range 2 East in the City of Dubuque, lows. Section 11. Section 34-110 cf the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 34-110. Hilltop Park~ The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "H~itop Park" and placed under the jurisdiction of the Park and Recreation Commission: West one-haft of Lot 1 of the south one-third of Lots 34 and 35; west 127 feet and 6 inches of Lot 1 of Lot 2 of the south one-third of Lots 34 and 35; west one-half of Lot 2 of Lot 2 of the south one-third of Lots 34 and 35; west one.half of the north one~half of Lot 36; west one.half of the south one-half of Lot 36; west one-half of Lot 2 of Lot 37; Lot 1 of Lot 1 of Lot 37; Lot 2 of Lot 2 of Let I of Lot 37 all in Kelly's Subdivision in the City cf Dubuque, Iowa. Section 12. Section 34-120 of the City of Dubuque Code of Ordinances is 93 Regular Session, March 1, 1999 hereby deleted. Section 13. The following new sections are hereby adopted: Sec. 34-121. Valentine Park. The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Valentine Park" and placed under the jurisdiction of the Park and Recreation Commission: Lot 1 of the Subdivision of Lot 1 of Lot 1 of Lot 1 of McLean Heights and Lot 4 in Block 2 of Mama Ridge Estates 2 in the City of Dubuque, Iowa. Sec. 34-122. Mama Ridge Children's Forest. The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Mama Ridge Children's Forest" and placed under the jurisdiction of the Park and Recreation Commission: Lot A of Lot B, Block 1 of Mama Ridge Estates 2, as comprised of Mildreds Addition in the City of Dubuque, Iowa. Sec. 34-123. Elmwood Green Park. The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Elmwood Green Park" and placed under the jurisdiction of the Park and Recreation Commission: Lot 2-2-2 of Mineral Lot 349 in the City of Dubuque, Iowa. Sec. 34-124. Pinard Park. The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Pinard Park" and placed under the jurisdiction of the Park and Recreation Commission: Lots 138, 139 and 140 in Glendale Addition No. 2 in the City of Dubuque, iowa. Sec. 34-125. Rocco Buda Jr. Park. The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, cai[ed and named as "Rocco Buda Jr. Park" and placed under the jurisdiction of the Park and Recreation Commission: Lot 1 of 1 of 1 of 810 A McDaniels Subdivision. Sec. 34-126. Southern Park. The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and I named as "Southern Park" and placed i under the jurisdiction of the Park and Recreation Commission: Beginning at the NW Corner of Lot 1 of said John Breakey's Add,on; thence S46° 22 3/4'W, 315.98 ft., along the Northwesterly line of said John Breakey's Addition; thence S81° 01 1/4W', 12.72 ft.; thence S38° 47 3/4'E, 64.04 ft.; thence S51 ° 12 114%'V, 46.36 ft.; thence N38° 47 3/4M/, 78.87 ft.; thence S68° 57 3/4%,V, 111.56 ft.; thence S35° 45~V, 84.25 ff.; thence S42° 39'E, 218.28 ft. Sec. 34-127. Sunnyslopes Park. The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Sunnyslopes Park" and placed under the jurisdiction of the Park and Recreation Commission: Lot 1 of Block 19, Sunnyslopes Estates in the City of Dubuque, Iowa. Sec. 34-128. Medical Associates Greenbelt. The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Medical Associates Greenbelt" and placed under the jurisdiction of the Park and Recreation Commission: Lot 11 of Medical Associates Subdivision in the City of Dubuque, Iowa. Sec. 34-129. Usha Park. The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Usha Park" and placed under the jurisdiction of the Park and Recreation Commission: Lot I of Lot 2 of Lot I of Byrne's Subdivision in the City of Dubuque, Iowa. Sec. 34o130. Hedtage Trail. The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and named as "Heritage Trail" and placed under the jurisdiction of the Park and Recreation Commission: A linear piece of property from 22nd to 32nd Streets along Elm Street, in the City of Dubuque, Iowa. Sec. 34-131. Granger Creek Nature Trail. The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be known, called and Re.qular Sessionr March 1, 1999 94 named as "Granger Creek Nature Trei[" and placed under the jurisdiction of the Park and Recreation Commission: Area surrounding Dubuque Technology Park at corner of Highways 151/61 and Lake Eleanor Road. Section 14. This Ordinance shall take effect upon publication. Passed, approved and adopted this 1st day of March, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 9th day of March, 1999. It 3/9 Mary A~ Davis CMC, C~ Clerk Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by Markham. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance, as amended. Seconded by Markham. Motion carried 7-0. City Manager recommending approval to remove parking on portion of Ida Street,. presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. An Ordinance Providing for removal of parking on east side of Ida Street from Grace to Delhi Streets, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 17-99 AN ORDINANCE AMENDING SECTION 32-262 (D) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF ADDING CERTAIN PORTIONS OF IDA STREET NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, iowa be amended by adding to Subsection (d) of Section 32-262 the following: Ida Street, east side, from Grace Street to Delhi Street. Passed, approved and adopted this 1at day of March, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published official{y in the Telegraph Herald newspaper this 8th day of March, 1999. It 3/8 MaryA. Davis CMC, City Clerk Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be tinally passed be suspended. Seconded by Nichoison. Motion carded 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carded 7-0. City Manager recommending approval and execufion of an Enterprise Zone Agreement by and among iowa Department of Economic Development between City and Swiss Valley Farms Co., presented and read. Michalsid moved that the communication be received and filed. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 110-99 RESOLUTION APPROVING AN ENTERPRISE ZONE AGREEMENT BY AND AMONG THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, THE CITY OF DUBUQUE AND SWISS VALLEY FARMS COMPANY. Whereas, the City of Dubuque has established two Enterpdse Zones and an Eaterpdse Zone Commission; and Whereas, the Enterprise Zone Commission on April 16, 1998 approved the applica~on of Swiss Valley Farms Company for Enterprise Zone benef'~; and Whereas, Swiss Valley Farm Company's application was approved by the iowa Department of Economic Development on May 19, 1998; and Whereas, the Iowa Department of Economic Development has prepared and submitted for City Council approval an agreement relating to Enterprise Zone benefits for Swiss Valisy Farms, a copy of which is attached hereto and by this reference made a part hereof; and Whereas, the City Council finds that the proposed agreement is acceptable and necessary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the iowa Department of Economic Development Enterprise Zone (EZ) Program Agreement, Number 98~F_.Z-01, is hereby approved. 95 Regular Session, March 1, 1999 Section 2. That the Mayor is hereby authorized and directed to execute the Agreement on behalf of the City of Dubuque and forward the executed copy to the Iowa Department of Economic Development for their approval. Passed, approved and adopted this 1st day of March, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. City Manager requesting authorization to negotiate and execute e contract with Carter-Goble, inc. for transportation system design, presented and read. Buol moved that the communication be received and filed and approved request. Seconded by Robbins. Motion carded 7-0. City Manager recommending approval of offers to buy the Merchants Hotel (302 Main Street) for $20,000 and the Union Cigar Store (332-338 Main Street) for $60,000, presented and read. Michalski moved that the communicafion be received and filed and recommendation approved. Seconded by Robbins. Motion carried 7-0. City Manager requesting a public hearing be set for March 15 to consider annexafion for project known as Highway 20 West Annexation Plan, presented and read. Buo] moved that the request be approved and set public hearing for 3-15-99 at 7:00 p.m. in the Public Ubrery Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Robbins. Motion carried 7-0. Zoning Advisory Commission advising of their approval to rezone farm land on Highway 20 West from County A-1 to C-3 D[stdct, in conjunction with voluntary annexation (Wm. & Janet Siegert), presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson.' Motion carried 7-0. An Ordinance Reclassifying land located on Highway 20 West from County A-1 Agricultural to City C-3 General Commercial District, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by Nicholson. Motion carried 7-0. Buol moved that a Public Headng be held on the proposed Ordinance on the 15th day of March, 1999 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carded 7-0. City Manager submitting documents providing for construction of South Fork Sanitary Sewer project, presented and read. Michalsld moved that the communication be received and flied. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 111-99 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the South Fork Sanitary Sewer - Phase IV, from U.S. 20 to Landfill, in the estimated amount of $390,267.93, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 1st day of March, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalsld moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 112-99 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the South Fork Sanitary Sewer - Phase IV, from U.S. 20 to Land~l[. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 5th day of April, 1999, a public hearing will be held at 7:00 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be Reqular Session~ March 1, 1999 96 and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circul~on 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 hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement Passed, adopted and approved this 1 st day of March, 1999. Terrance M. Duggan, Mayor Attest: Mary A.'Davis, C~ Clerk Michalski moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 113-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the South Fork Sanitary Sewer - Phase IV, from U.S. 20 to Landfill is hereby ordered to be advertised for bids for constru~on. BE iT FURTHER RESOLVED, that the amount of the security to accompany each bid shalI be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which nofice shall not be less than four days nor more than forty-tive days prior to the receipt of said bids at 2:00 p.m. on the 25th day of March, 1999. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:00 p.m. on the 5th day of April, 1999. Passed, adopted and approved this 1st day of March, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. City Manager submitting documents providing for construction of Manhole Reconstruction Project, presented and read. Buol moved that the communication be received and tiled. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 114-99 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Manhole Reconstruction Project - FY99, in the estimated amount of $57,930.68, are hereby approved and ordered flied in the office of the City Clerk for public inspection. Passed, adopted and approved this 1st day of March, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 115-99 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Manhole Reconstruction Project - FY99. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That on the 5th day of Apn'l, 1999, a public hearing will be held at 7:00 p.m. in the Public Ubrary Auditorium, at which fime interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such headng to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not lees than four days nor more than twenty days prior to the day fixed for its consideration. At the heating, any interested person may appear and file objections to the proposed plans, specifications, contract, or ssfimated cost of the improvement Passed, adopted and approved this I st day of March, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. 97 Regular Session, March 1, 1999 Motion carried 7-0. RESOLUTION NO. 116-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manhole Reconstru~on Project - FY99 is hereby ordered to be advedised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to adver~se for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City o Dubuque, Iowa, which notice shall no<[ be less than four days nor more than ,~ forty-five days prior to the receipt off' said bids at 2:00 p.m. on the 25th day of March, 1999. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:00 p.m. on the 5th day of April, 1999. Passed, adopted and approved this 1st day of March, 1999. Terrance M. Duggan, Mayor Attest Mary A: Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. There being no further business, Michalski moved to adjourn. Seconded by BuoL Motion carded 7-0. The meeting adjourned at 9:34 p.m. /s/Mary A: Davis CMC City Clerk Approved ~ //~,1999 Adopted ~ ~:~//~7~ - '~ ' 1999 jU/ y Council Members Special Session, March 2,1999 98 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, City Council, Tuesday, March 2, 1999 Council met at 7:00 P.M., Public Ubrary Auditorium. Present: Mayor Duggan, Council Members Buol, Markham, Michalski, Nicholson, Robbins, Voatberg (by electronic means), City Manager Michael Van Mi[ligen, Corporation Counse] Barry A. Undahl. Mayor Duggan read the call and stated this is the Public Hearing for the Fiscal Year 2000 City of Dubuque budget and Five Year Capital Improvement Prograro. Proofs of Publication on Notice of Public Hearing on Budget Estimate for FY 2000 AND Notice of Public Headng on Five Year Capital Improvement Program beginning July 1, 1999 through the fiscal year ending June 30, 2004 and Peri'don containing 52 signatures endorsing Police Officers investigating motor vehicle accidents even if that requires hiring additional police officer~, presented and read. Voetberg moved that the proofs and petition be received and filed. Seconded by Nicholson. Motion carried 7-0. City Manager recommending add[fions to Fiscal Year 2000 Budget for requests by Airport, Housing Services and Human Rights Departments, presented and read. Voatberg moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Discussion on Departments in order as attached, including various items as requested: Police, Emergency Communication, Disaster Services, Fire Dept., Cable TV Division, Public Works/Engineering Div., Information Services, City Manager, Cb Council, City Clerk, Legal, Building Services, Water Pollution Control, Health Services, Operations and Maintenance, Civic Center, Recreation, Park, Finance, Parking, Community /Economic Development, Planning, Housing Services, Human Rights, Water, Library, Airport, Transit, Purchase of Se~ces. No public comments were made. Joe Reed, Chair of the Labor Management Assn., spoke expressing appreciation for funds received. RESOLUTION NO. 117-99 A RESOLUTION ADOPTING THE ANNUAL BUDGET, AS AMENDED, FOR THE FISCAL YEAR ENDING JUNE 3O, 2OO0 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the annual budget, as amended, for the fiscal year ending June 30, 2000 as set forth in the Adoption of Budget and Cer'dficafion of Taxes summary and supporting state budget forms and in the detailed budget in support thereof showing the revenue estimates and appropriation expenditures and allocations to programs and activities for said fiscal ,ear is adopted, and the City Clerk is directed to make the fiJings required by law and to set up the books in accordance with the summary and details as adopted. Passed, approved and adopted this 2nd day of March, 1999. Terrance M. Duggan, Mayor Mary A. Davis CMC, City Clerk Nicholson moved adoFiJon of the Resolution. Seconded by Voatberg. Motion carded 7-0. RESOLUTION NO. 118-99 ADOPT[ON OF FIVE YEAR CAPITAL IMPROVEMENT PROGRAM WHEREAS, a recommended five year Capital Improvement Program for the pedod beginning July 1, 1999 and ending June 30, 2004, for the City of Dubuque has been prepared and submitted to the City Council; and WHEREAS, the five year Capital Improvement Program: (1) describes specific cap'~l improvement projects; (2) provides estimated costs for those projects; (3) proposes sources of funds for each of them; and (4) schedules the year dudng which each project will be 99 Special Session, March 2, 1999 undertaken; and WHEREAS, the capital improvement projects for the first year are included in the Fiscal Year 1999 budget for the City of Dubuque; and WHEREAS, the five year Capital Improvement Program will be reconsidered annually by the City Council and appropriately revised; and WHEREAS, the adoption of the five year Capital Improvement Program is a prudent measure to provide continuity of programs and is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the five year Capital Improvement Program for the period beginning July 1, 1999, set out in the Fiscal Year 2000-2004 Recommended Capital Improvement Budget. is hereby approved, and adopted as the proposed allocation of the City resources for capital improvements as scheduled in the years shown, subject to annual review and revision. Passed, approved and adopted this 2nd day of March, 1999. Torrance M. Duggan, Mayor Attest. Mary A. Davis, City Clerk Nicholson moved adoption of the Resolution. Seconded by Voetberg. Motion carried 7-0. RESOLUTION NO. 119-99 A RESOLUTION ADOPTING THE PROGRAM YEAR 25 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET. Whereas, the City of Dubuque has, through a series of public meetings and hearings, finalized a Program Year 25 Community Development Block Grant budget addressing both housing and non-housing needs in the community;, and Whereas, copies of the draft Program Year 25 budget have been available for public comment 30 days pdor to City Council action; and Whereas, the City's Community Development Advisory Commission has recommended the adoption of this budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the Program Year 25 Community Development Block Grant budget attached hereto and by this reference made a part hereof is hereby adopted. Section 2. That the City Manager is hereby authorized and directed to prepare the 2000 Annual Action Plan for the use of Community Development Block Grant funds based on this adopted budget. Passed, approved and adopted this 2nd day of March, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Nicholson moved adoption of the Resolution. Seconded by Voetberg. Motion carried An Ordinance Enacting a new Section 9-31 in lieu thereof providing for an increase in "Registration Fees' for bicycles, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 18-99 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 9-31 "REGISTRATION FEES" AND ENACTING A NEW SECTION 9-31 IN LIEU THEREOF PROVIDING FOR AN INCREASE IN "REGISTRATION FEES" FOR BICYCLES NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Sec. 9-31 of the Code of Ordinances of the City of Dubuque, Iowa be and is hereby repealed and the following new Sec. 9- 31 is enacted in dieu thereof: Sec. 9-31 Registration fees. (a) The fee for a bicycle registration for years 1998 and 1999 shall be one do,ar ($1.00) valid until December 31, 1999. (b) For registrations on and after January 1, 2000 the fee for a bicycle registration shall be three dollars ($3.00), valid for a maximum of three (3) years and expiring the last day of December of the second calendar year after the calendar year of registration. (c) Bicycle registration fees shall not be prorated, refundable or transferred. Sec'don 2. This Ordinance shall take effect January 1, 2000. Passed adopted and approved this 2nd day of March, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Special Session,,March 2~1999 100 Published officially in the Telegraph Herald newspaper this 10th day of March, 1999. Ma~y A. Davis CMC, City Clerk It 3/10 Nicho[son 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. Seconded by Robbins. Motion carded 7-0. Nichoison moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carded 7-0. An Ordinance Adopting a new Secfion 44-201(a) in lieu thereof fixing Water Rates for Residential, Commercial and Industrial and all other uses, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 19-99 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY. OF DUBUQUE, IOWA, BY REPEALING SECTION 44-201 (a) FIXING WATER RATES FOR RESIDENTIAL AND INDUSTRIAL USES AND ADOPTING IN UEU THEREOF A NEW SECTION 44-201 (a), FIXING WATER RATES FOR RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL AND ALL OTHER USES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF DUBUQUE, IOWA: Section 1. Section 44-201 (a), of the code of Ordinances, City of Dubuque, Iowa is hereby repealed. Section 2. The following new Section 44-201 (a) is hereby adopted: *Section 44-201 (a). Residential, Commercial, industrial and all other uses. (a) Commencing July 1, 1999, the rates to be charged for water for residential, commercial, industrial and ali other uses and purposes by person, firm or corporation within the cH shall be fixed and determined as follows: Monthly Charge Per Consumption Hundred Cubic Feet First 3,000 $1.46 Next 12,000 $1.20 Next 35,000 $1.11 Next 50,000 $ .99 Next 100,000 $ .85 Rates shall be subject to the following minimum monthly charge according to the size of the meter: Meter Size (Inches~ New Charee (Cubic Feet~ 5/8 $ 2.92 200 3/4 $ 7.30 500 1 $11.68 800 I ~ $ 37.96 2,600 2 $ 83.00 4,600 3 $135.00 10,600 4 $207.78 16,800 6 $429.78 36,800 8 $700.05 62,500 Section 3. This ordinance shall take effect on the first day of July, 1999. Passed, approved and adopted this 2nd day of March, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of March, 1999. Mary A. Davis CMC, City Clerk It 3/10 Nichoison 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 tinally passed be suspended. Seconded by Robbins. Motion carded 7~0. Nichoison moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carded 7-0. An Ordinance Adopting a new Seddon 44-202 in lieu thereof regarding Fire Sprinkler Service, presented and read. ORDINANCE NO. 20-99 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 44-202 FIRE SPRINKLER SERVICE AND ADOPTING IN LIEU THERE OF A NEW SECTION 44-202, FIRE SPRINKLER SERVICE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 44-202, of the Code of Ordinances, City of Dubuque, Iowa is hereby repealed. Section 2. The following new section 44-202 is hereby adopted: *Section 44-202. Fire Sprinkler Service. (a) Commencing July 1, 1999, iO1 Special Session, March 2, 1999 customers who have fire sprinkler service shall be billed for this service on a monthly basis. This monthly charge shall be included on the customer's regular monthly bill for which charges are fixed and determined as follows: Number of Heads Monthly Chames Current Up to 200 (minimum monthly charge) ................... $ 8.76 200-300 ................. $10.50 300-400 ................. $12.26 400-600 ................. $14.00 600-800 ................. $15.76 800-1,000 ............... $17.51 1,000-1,200 .............. $19.26 1,200-1,400 .............. $21.01 1,400-1,600 ............... $22.77 1,600-1,800 ............... $24.51 1,800-2,000 ............... $26.26 2,000-2,200 ............... $28.02 2,200-2,400 ............... $29.76 2,400-2,600 ............... $31.51 2,600-2,800 ............... $33.27 2,800-3,000 ............... $35.02 3,000-3,500 ............... $36.76 Over 3,500 (for each additional 500 heads orfraction thereof) .... $ 1.76 Section 3. This Ordinance shall take effect on the first day cf July, 1999. Passed, approved and adopted this 2nd day of March, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, C~ Clerk Published officially in the Telegraph Herald newspaper this 10th day of March, 1999. Mary A. Davis CMC, City Clerk It 3/10 Nicholson moved that the requirement that the proposed Ordinance be considered and voted on for passage at two Council Mee~ngs prior to the meeting at which it is to be finally passed be suspended. Seconded by Robbins. Mofion carried 7-0. Nicholson moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7-0. Them being no further business, Michalsld moved to adjourn. Seconded by Nicholson. Motion carried 7-0. The meeting adjourned at 7; 07 P.M. /s/Mary A. Davis CMC City Clerk Approved ~.~_- ~¢ ,1999 Adopted ~//~//?, 1999 C~ meil MemBers A~est: ~ C~ Clerk Special Session, March 15, 1999 107 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, Mamh 15, 1999. Council Met at 5:30 P.M., Public Library Auditorium. Present: Mayor Duggan, Council Members Buol, Markham, Michalski, Nichoison, Robbins, Voetberg. There was a discussion on the Design and Reconstruction of Eighth St. Between Locust St and Iowa St and the Improvement of the Main Street Streetscape from Ninth St to Fifth St. /si MaryA. Davis CMC City Clerk Adopted ~ J ? . 1999 ~/ -Council Members City Clerk ~" ].03 Regular Session, March 15, 1999 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, March 15, 1999 Council Met at 7:00 p.m. Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Markham, Michalski, Nicholson, Robbins, Voetberg, City Manager Michael Van Mil[igen, Corporation Counsel Barry A. Lindahl. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Wayne Whittenbaugh, Pastor of the Apostolic Christian Church, gave the Invocation. PROCLAMATIONS -- Mar. 14 - 20 as "Older Workers Employment Week" received by Janeen Kaufmann; March as "Mental Retardation Awareness Month" received by Kay Sendt; Mar. 28 - Apr. 3 as "Community Development Week.* MINUTES SUBMITTED -- Cable Teleprogramming of 3-2; Community Development Commission of 10-20 & 11-17; E[ecthca] Code Board of 3-1; Enterprise Zone Commission of 2-6; Housing Commission of 2-9; Housing Commission Trust Fund Committee of 2-25; Histodc Preservation Commission of 1-28; Long Range Planning Commission of 2-24; Plumbing/Mechanical Boards of 2-23; Zoning Advisory Commission of 3-3; Zoning Board of Adjustment of 2-25, presented and read. Voetberg moved that the minutes be received and filed. Seconded by Buol. Motion carded 7-0. Proofs of Publication on Notice of publishing Council proceedings for meetings of 2-1, 2-15 & 2-18; and List of Claims & Summary of Revenues for month of January, 1999, presented and read. Voetberg moved that the proofs be received and filed. Seconded by BuoL Motion carried 7-0. Finance Director submitting Financial Reports for month ending Feb. 28, 1999, presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. Swiss Valley Farms submitting audit report for their fiscal year ending September 30, 1998. (Copy of audit on file in the City Clerk's Office), presented and read. Voetberg moved that the report be received and filed. Seconded by BuoL Motion carried 7-0. NOTICES OF CLAIMS/SUITS: Bonnie Charboneau in amount of $600.00 for vehicle damages; Judy Healy in amount of $90.88 for tire damage; Rita Reiser in unknown amount for personal injuries; Pat'd Schmi~z in unknown amount for ~ersonal injuries, presented and read. Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Buol. Motion carded 7-0. Corporation Counsel advising following claims have been referred to Public Entity Risk Services of iowa, the agent for the iowa Communities Assurance Pool: Vehicle damage of B.F.I. Waste Systems of North Amedca; Personal injury of Ricky Eugene Meyer; Vehicle damage of Thomas O. Nesler; Personal injury of Bernadine A. Schmid, presented and read. Voetberg moved that the communications be received and filed. Seconded by Buo[. Motion carded 7-0. Corporation Counsel recommending seElements of property damage claim of Dr. & Mm. William J. Dali in amount of $60.15 and Vehicle damage of Timothy H. Kelly in amount of $208.11 and Finance Director to issue proper checks, presented and read. Voetberg moved that the communication be received and filed and approved set'dements with Finance Director to issue proper check. Seconded by Buol. Motion carded 7-0. Corporation Counsel advising of forwarding Ronda L. and Paul Kirkegaard claim to Les Reddick, Esq., for a defense, presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carded 7-0. Harold McMahon suggesting Rosedale Ave. from West Locust Special Session, March 15~ 1999 Street to Grandview be re-named "East Rosedale Avenue" and that Rosedale from Avoca Street to Asbury Road be re-named "West Rosedale Avenue," presented and read. Voetberg moved that the communication be referred to the City Manager and Staff. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 120-99 A RESOLUTION ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM ELIZABETH A. TAKES Whereas, the City of Dubuque has purchased the following described real estate in Dubuque County, Iowa: Lot 2 of Lot 2 of Lot 1, Lot 1 of Lot 2 of Lot 2, Lot 1 of Lot 2 of Lot 1 and Lot 2 of Lot 2 of Lot 2, in Sanford's Subdivision; and Lot 1 of Lot 2 of Lot 101, and Lot 2 of Lot 2 of Lot 101, in L.H. Langworthy's addition; in the City of Dubuque, Iowa, according to the recorded plat thereof. And Whereas, the terms of the Purchase Agreement for said real estate have been met and Elizabeth A. Takes had delivered a Warranty Deed, a copy of which is attached hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Warranty Deed from Elizabeth A. Takes, a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder as provided in iowa Code sec. 569.7. Passed, approved and adopted this 15th day of March, 1999. Torrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Voatberg moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. Mike Strader reque~ng to purchase a portion of city property located in the southern por~on of the AP Woods Addition (includes Williams Street and the strip north of Williams St., which is owned by the Cb), presented and read. Voatberg moved that the communication be received and filed and referred to the City Manager and Staff. Seconded by BuoL Motion carded 7-0. Zoning Advisory Commission advising of their approval of plat for Warren and Robin Amling - 2274 Washington St., presented and read. Voetberg moved that the communication be received and filed. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 121-99 A RESOLUTION APPROVING THE PLAT OF SUBDIVISION OF LOTS 1 AND 2 OF WARREN AND ROBIN AMLING SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been flied with the City Clerk a plat of subdivision of Lot 1 and Lot 2 of Warren and Robin Amling's subdivision in the City of Dubuque, Iowa; and Whereas, said plat provides 10.15 feet of frontage and 2,438 square feet of area for Lot 2, where 60 feet of lot frontage and 6,000 square feet of lot area is required by Section 42.19(b) of the Subdivision Regulations; and Whereas, ssJd survey plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said survey plat has been examined by the City council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 2 to have 10.15 feet of frontage, and 2,438 square feet of lot area, where 60 feet of frontage and 6,000 square feet of lot area is required. Section 2. That the plat of subdivision of Lots 1 and 2 of Warren and Robin Amling's subdivision is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endome the approval of the City of Dubuque, Iowa, upon said final plat. Passed, approved and adopted this 15th day of March, 1999. Torrance M. Duggan, Mayor Attest MaryA. Davis, City Clerk ACCEPTANCE OF RESOLUTION NO. 121-99 We, the undersigned, Warren Amling and Robin Amling, having read the terms and condi~ons of the Resolution No. 121-99 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 16th day of March, 1999. By Is/Warren Amling t05 Regular Session, March 15, 1999 By/si Robin Amling Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. Zoning Advisory Commission advising of their approval of plat of Tim Widmeier 775 Gillespie Street, presented and read. Vostberg moved that the communication be received and filed. Seconded by Buol. Mo'don carried 7-0. RESOLUTION NO. 122-99 A RESOLUTION APPROVING THE SURVEY PLAT OF WIDMEIER PLACE IN THE CITY OF DUBUQUE, IOWA Whereas, there has been tiled w~th the City Clerk a survey plst of Widmeier Place in the C~ of Dubuque, Iowa; and Whereas, said plat provides 0 feet of frontage for Lot I and Lot 2, where 60 feet is required by Section 42.19(b) of the Subdivision Regulations; and Whereas, said survey plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said survey plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot I and Lot 2 to have 0 feet of frontage, where 60 feet of frontage is required provided that Lot I and Lot 2 have an access easement to a public street. Section 2. That the survey plat of Widmeier Place is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. Passed, approved and adopted this 15th day of March, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk ACCEPTANCE OF RESOLUTION NO. 122-99 We, the undersigned, Tim Widmeier and Vickie Widmeier, having read the terms and conditions of the Resolution No. 122-99 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 16th day of March, 1999. By/s/Tim Widmeier By/s/Vickie Widmeier Voetberg moved adoption of the Resolution. Seconded by Duel. Motion carried 7-0. Zoning Advisory Commission advising of their approval of plat for Charles Burkhart- 3347, 3349 & 3359 Center Grove Drive, presented and I read. Voetberg moved that the communication be received and tiled. Seconded by Duel Motion carded 7-0. RESOLUTION NO. 123-99 RESOLUTION APPROVING THE SURVEY PLAT OF LOT 1 OF CENTER GROVE SCHOOL ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been flied with the City Clerk a survey plat of Lot 1 of Center Grove School Add~on, in the City of Dubuque, Iowa; and Whereas, upon said survey plat abuts an existing street known as Center Grove Drive; and Whereas, the sur~ey plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said survey plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it;, and Whereas, the City Council concurs in the conditions of approval established by the Zoning Advisory Commission. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the survey plat of Lot 1 and Center Grove School Addition is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said survey plat, provided the owner of said property herein named, executes his written acceptance hereto attached. Section 2. That in the event Chades Burkart shall fail-to execute the acceptance within 180 days after the date of this Resolution, the provisions hereof shall be null and void and approval of the plat shall not be effective. Passed, approved and adopted this 15th day of March, 1999. Torrance M. Duggan, Mayor Attest: Mary A; Davis, City Clerk ACCEPTANCE OF RESOLUTION NO. 123-99 I, the undersigned, Chades Burkart, having read the terms and conditions of Special Session, the Resolution No. 123-g9 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, iowa this 16th day of March, 1999. By Is/Chades Burkart Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. Zoning Advisory Commission advising of their approval of Preliminary Plat of Forest Ridge Estates Woodview Ddve in Bardngton Lakes Subdivision (County), presented and read. Voetberg moved that the communication be received and filed. Seconded by BuoL Motion carried 7-0. City Manager recommending to approve second amendment to Development Agreement for ADC Properties, LC. and Advanced Data- Corem, Inc., presented and read. Voetberg moved that the communication be received and filed. Seconded by BuoL Mofion carded 7-0. RESOLUTION NO, 124-99 RESOLUTION APPROVING SECOND AMENDMENT TO DEVELOPMENT AGREEMENT Whereas, the City of Dubuque, Iowa (the "City'), ADC Preperfies, L.C. (the "Developer'), and Advanced Data- Comm, Inc. (the "Employer") are parties to a Development Agreement dated as of November 1S, 1998, as amended (together, the "Development Agreement"), with respect to the construction of certain Minimum Improvements on the Development Property described therein; and Whereas, the Development Agreement provides for the issuance of an urban renewal tax increment revenue obligation by the City as a means of funding an Economic Development Grant to the Employer; and Whereas, the parties have determined to amend the Development Agreement so as to provide further assurances to the purchaser of the City's tax increment obligation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The form and content of the Second Amendment to Development Agreement, in the form presented to this meeting, is hereby authorized and March 1571999 [06 approved, and the Mayor and the City Clerk are hereby authorized and directed to execute and seal the same on behalf of the City in the form so presented, but with such changes as to them shall be necessary or apprepfiate, upon the advice of the Corporation Counsel, and thereafter to cause the City to comply with the terms of the Second Amendment to Development Agreement as so executed. Passed and approved this 15th day of March, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, CH Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. City Manager recommending to 3roceed with issuance of Urban Renewal Tax Increment Revenue Bonds for ADA Properties,, LC/Advanced Date-Comm, Inc., )resented and read. Voetberg moved that the communication be received and filed. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 125-99 A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $900,000 URBAN RENEWAL TAX INCREMENT REVENUE BONDS, TAXABLE SEPJES 1999A, OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR THE SECURING OF SUCH BONDS FOR THE PURPOSE OF CARRYING OUT AN URBAN RENEWAL PROJECT IN THE AREA OF THE CITY OF DUBUQUE, IOWA DESIGNATED AS THE DUBUQUE INDUSTRIAL CENTER/SOUTH ECONOMIC DEVELOPMENT DISTRICT WHEREAS, the City Council of the City of Dubuque, Iowa (the "City" orthe "Issuer") did heretofore adopt an Urban Renewal Plan by Resolution No. 141- 97 of this City Council approved on Apdl 7, 1997 (the "Urban Renewal Plan"), under which plan there is to be carded out urban renewal project activities in an area designated as the Dubuque Industrial Center/South Economic Development Distdct (the "Project Area"); and WHEREAS, it is presently e~mated that the costs of carrying out the purposes and provisions of the Urban Renewal Plan for the Project Area, including the purpose set forth in Section 3 hereof, exceed $900,000, ].07 Regular Session, March 15, 1999 and provisions must now be made by the City to provide for the payment of such costs by the issuance of Bonds; and WHEREAS, the City did, on November 3, 1997, adopt Ordinance No. 65-97, (the "Ordinance"), under which the taxes levied on the taxable property in the Project Area shall be divided, and a special fund created under the authority of Section 403.19(2) of the Code of Iowa, as amended (which special fund is hereinafter referred to as the "Technology Park Urban Renewal Tax Increment Revenue Fund" or "Revenue Fund"} which fund was created in order to pay the principal of and interest on loans, monies advanced to or indebtedness whether funded, refunded, assumed, or otherwise, including bonds issued under the authodty of Section 403.9(1) of the Code of Iowa, as amended, incurred by the City to finance or refinance in whole or in part urban renewal project activities undertaken within the Project Area, and pursuant to which Ordinance such Revenue Fund may be irrevocably pledged by the City for the payment of principal and interest on such indebtedness; and WHEREAS, the notice of intention of Issuer to take action for the issuance of not to exceed $900,000 Urban Renewal Tax Increment Revenue Bonds has heretofore been duly published and no objections to such proposed action have been tiled and it is now necessary and advisable that provisions be made for the issuance of Bonds to the amount of $900,000 pursuant to the previsions of Section 403.9(1) of the Code of Iowa, payable from a portion of the income and proceeds of the Revenue Fund and other funds of the City deitved from or held in connection with the undertaking and caring out of the Urban Renewal Plan for the Project Area as described herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA: Section 1. Definitions. Thefoliowing terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: · "Bonds" or "Bond" shall mean the $900,000 Urban Renewal Tax Increment Revenue Bond, Taxable Series 1999A, authorized to be issued by this Resolution; · "Clerk" shall mean the City Clerk or such other officer of the successor Governing Body as shall be charged w~h substantially the same duties and responsibilities; · "Corporate Seal" shall mean the offficial seal of Issuer adopted by the Governing Body; + "Developer" shall mean ADC Properties, L.C., an Iowa limited liability company; · "Development Agreement" shall mean the Development Agreement dated as of November 16, 1998 by and among the City, the Developer and Advanced Data-Camm, Inc., an Iowa corporation, as amended from time to time; · "Development Property" sha[J mean that portion of the Project Area conveyed by the City to the Developer under the terms of the Development Agreement, upon which the Developer has covenanted to construct the Minimum Improvements, being legally described as Lots 4 and 5, Block 2 of Dubuque Technology Park, in the City of Dubuque, Dubuque County, Iowa; · "Fiscal Year" sha[J mean the twelve-month period beginning on July I of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the {ssuer, · "Governing Body" shall mean the City Council of the City, or its successor in function with respect to the operation and control of the Project Area; · "independent Auditor" shall mean an independent firm of Certified Public Accountants or the Auditor of State; · "Issuer" and "City" shall mean the City of Dubuque, Iowa; · "Minimum Improvements" shall mean the construction by the Developer on the Development Property of an office building of not less than sixty thousand (60,000) square feet of floor space along with necessary site work and off-street parking, in accordance with the terms of the Development Agreement; · "Original Purchaser" shall mean American Trust & Savings Bank, Dubuque, Iowa, as the purchaser of the Bonds from Issuer at the time of their original issuance; + "Paying Agent" shall be the City Treasurer, or such successor as may be approved by Issuer as provided herein and who shall carry out the Special Session, March 15~ 1999 108 duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due; · "Project Area" shall mean the Dubuque Industrial Center/South Economic Development District of the issuer, as amended, from time to time as permitted by Section 17(d). · "Project Fund" or "Construction Accounf' shall mean the fund required to be established by this Resdiudon for the deposit of the proceeds of the Bonds; · "Registrar" shall be the City Treasurer of Dubuque, Iowa, er such successor as may be approved by Issuer as provided herein and who shall car~' out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless othe~vise specified, the Registrar shall aisc act as Transfer Agent for the Bonds; · "Tax Increments" means the property tax revenues dMded and made available to the City for deposit in the Techndiogy Park Urban Renewal Tax Increment Revenue Fund under the provisions of Section 403.19 of the Code and the Ordinance; · ''Technology Park (ADC) Account'' means a separate account within the Technology Park Urban Renewal Tax Increment Revenue Fund of the City, in which there shall be deposited ail Tax Increments received by the City in respect of the Minimum Improvements and the Development Property; · "Technology Park Urban Renewal Tax Increment Revenue Fund" means the special fund of the City crested under the author~y of Section 403.19(2) of the Code of Iowa and the Ordinance, which fund was created in order to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or othenMse, including bonds or other obligations issued under the authority of Section 403.19 or 403.12 of the Code of Iowa, incurred by the City to finance or refinance in whole or in part projects undertaken pursuant to the Urban Renewal Plan for the Project Area · '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; and Section 2. Authority. The Bonds authorized by this Resolution shall be issued pursuant to Section 403.9 of the Code of Iowa, and in compliance with all applicable provisions of the Cons~tufion and laws of the State of Iowa. The Purchase Agreement bstween the City and the Qdginal Purchaser is hereby approved, and the Mayor and City Clerk are authorized to execute and deliver the same on behalf of the City. Section 3. AuthodTafion and Purnose. There are heraby authorized to be issued, negotiable, sedal, fully registered Urban Renewal Tax Increment Revenue Bonds, Taxable Series 1999A, of the City of Dubuque, in the County of Dubuque, State of Iowa, in the aggregate amount of $900,000 for the purpose of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activ~es under the authority of Chapter 403 of the Code of Iowa and the Urban Renewal Plan for the Dubuque Industrial Center/South Economic Development District, including those costs associated with the funding of an economic development grant to Advanced Data- Corem, Inc., an Iowa corporation, 3ursuant to and under the cond~ons set forth in a Development Agreement dated as of November 16, 1998 by and among the City of Dubuque, ADC Properties, LC., an Iowa limited liability company, and Advanced Data-Corem, Section 4. Source of Payment As )rovided and required by Chapter 403 of the Code of Iowa, and Section 403.9, the Bonds and interest thereon shall be payable from and secured solely and only by amounts deposited and held from time to time in the Technology Park (ADC) TIF Account of the City. The City hereby covenants and agrees to maintain the Ordinance in force during the term of the Bonds and to apply the Tax Increments collected in respect of the Development Property and the Minimum Improvements located thereon and allocated to the Technology Park (ADC) TIF Account to the payment of the principal of and interest on the Bonds. The Bonds shall not be payable in any manner from other Tax Increments generated from properties within the Project Area er by general taxation or from any other City funds. The Bonds shall not constitute an indebtedness within the meaning of any ststutory debt lim~t~on or restriction and shall not be subject to [09 Regular Session, March 15, 1999 the provisions of any other law relating to the authorization, issuance or sale of bonds. The Bonds shall recite in substance that they have been issued by the City in connection with an urban renewal project as defined in Chapter 403 of the Code of Iowa, and in any suit, action or proceeding invoMng the validity or enforceability of any Bond issued hereunder or the security therefor, such Bonds shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located and carded out in accordance with the provisions of Chapter 403 of the Code of Iowa. Section 5. Bond Details. Urban RenewaJ Tax increment Revenue Bonds of the City Jn the amount of $900,000 shall be iseued pursuant to the provisions of Section 403,9 of the Code of Iowa for the aforesaid purpose. The Bonds shall be designated "URBAN RENEWAL TAX INCREMENT REVENUE BOND, TAXABLE SERIES 1999A", be dated as of March 18, 1999 (or such other date as shall be acceptable to the Original Purchaser), and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on June 30, 1999 and semiannually thereafter on the 1st day of December and June in each year until maturity at the rates hereinafter provided. The Bonds shall bear interest from their date of delivery at the initial rate of seven and one-quarter percent (7.25%) per annum (the "Initial Rate"), which Initial Rate shall be adjusted thereafter on each of April 1, 2002, Apdl 1, 2005 and Apdl 1, 2008 (each an "Adjustment Date"). Interest shall be calculated by the Odginal Purchaser on each Adjustment Date for the ensuing three- year period to equal the prime rate of interest as published in the Money Rate section of The Wall Street Journal, minus one-haif of one percent (0.50%) (the "Adjusted Rate"). In no event shall the Adjusted Rate cause the rate of interest borne by the Bonds to exceed nine percent (9%) or to be less than six percent (6%). The Bonds shall mature in the principal amounts set forth on the Debt Service Schedule attached to the Bond as Exhibit A and incorporated herein by this reference. As set forth on said Debt Service Schedule, principal shall be payable on December 31, 2001 and semiannually thereafter on June 30th and December 31st of each year in the amounts set forth therein until principal and interest are fully paid, except that the final installment of the entire balance of principal and interest, if not sooner paid, shall become due and payable on June 30, 2011. On each Adjustment Date, the Debt Service Schedule shall be adjusted by the Original Purchaser to reflect the Adjusted Rate to be borne by the Bonds for the succeeding three-year period, calculated as described above. Principal maturities shall be adjusted to the extent practicable to provide for substantially level payments of principal and interest in each year. Such revised Exhibit A thereafter shall be deemed to be incorporated herein by reference and made a part hereof and supersede and replace the Debt Service Schedule initially attached to the Bonds. The Bonds shall be executed by the manual signature of the Mayor and attested by the manual signature of the City Clerk, and impressed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal interest and premium, if any shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or mu~ples thereof and shall, at the request of the Odginal Purchaser, be issued initially as a single Bond in the principal amount of $900,000 and numbered R-I. Section 6. Redemption. The Bonds may be called for redemption by the Issuer and paid before maturity on any date, from any funds regardless of source, in whole or from time to time in part, by giving thirty days' notice of redemption by registered mail, to the registered owner of the Bond. The terms of redemption shall be par, plus accrued interest to date of call. Section 7. Reaistretion of Bonds; A~ointment of ~.aistrer: Trensfe, r' Ownership: Delivery: and Cancellaflorl: (a} Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The Treasurer is hereby appointed as Bond Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided Special Session, March 15,1999 110 in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.83(5) of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred on~y 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 duiy executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resdiution in aggregate principal amount equal to the unmatured and unredeemed pdndipal 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) Reeistration of Transferred 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 provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representa~e. 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. Ali Bonds which have been redeemed shall not be reissued but shall be canceled by the Registrar. Ail Bonds which are canceled by the Registrar shatl be destroyed and a certificate of the destruction thereof shall be furnished promptly to the lesuer, provided that if the Issuer shall so direct, the Registrar shall forward the canceled Bonds to the Issuer. (0 Non-Pre.~entm~nt of Rond~ in the event any payment check representing payment of pdncipat of or interest on the Bonds is returned to the Paying Agent or is not presented for payment of pdncipat at the maturity or redemp~on date, if funds suf~cient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hdid such funds, without liability for iaterest thereon, for the benefit of the owner of such Bonds who shell thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or othen,vise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resdiution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. Section 8. Reissu~nce of Mutilated Destroyed. Stolen or Lost Bonds In case any outstanding Bond shall !become mutilated or be destroyed, stolen or test, 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 mubTated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon tiling with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and ]roof of ownership thereof, and upon furnishing the Registrar and Issuer v,Ath ] ] ] Regular Session, March 15, 1999 satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the issuer may incur in connection therewith. Section 9. Record [')ate 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 of the month preceding the payment date. Ali 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 10. Execution, Authentic. aries end Delivery of the~ Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Original Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any dght or bene¢~ hereunder unless the Registrar shall duly endorse and execute on such Bond a Cer~cate 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 authenlJcated has been duly issued under this Resolution and that the holder thereof is ended to the benefits of this Resolution. Section 11. Right to Name Substitute Pavina Aesnt or Reaistrar. issuer reserves the right to name a subs~ute, successor Registrar or Paying Agent upon giving prompt written notice to each registered Bondholder. Section 12. Form of Bond. Bonds shall be pdnted in substantial compliance wffh standards proposed by the American Standards Institute substantially in the form as follows: (9) (ga) (10) (ConQnucd on thc back oft.his Bond) FIGUP~E (Front) Special Session, March 15, 1999 1'12 (1o) (Continued) FIGURE2 (Back) The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 = "STATE OF IOWA" "COUNTY OF DUBUQUE" "CITY OF DUBUQUE" "URBAN RENEWAL TAX INCREMENT REVENUE BOND" '"FAX, ABLE SERIES 1999A" ~i'AXABLE FOR FEDERAL INCOME TAX PURPOSES] Item 2, figure 1 = Rate: As described herein Item 3, figure 1 = Maturity: As described herein Item 4, figure 1 = Bond Date: March 18, 1999 Item 5, figure I = Cusip No.: item 6, figure 1 = "Registered" Item 7, figure 1 = Ced/ficate No. R-1 Item 8, figure 1 = Principal Amount: $900,000 Item 9, figure 1 = The City of Dubuque, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "issuer"), for value received, promises to pay frem the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registrafion 3ariel to be completed by Registrar or Pdnter with name of Registered Owner}. (tern 10, figure 1 = or registered assigns, the principal sum of (Drincioal amount writfen out) THOUSAND DOLLARS in lawful money of the United States of America, on the matudty date shown above, only upon )resentation and surrender hereof at the office of the City Treasurer, Paying Regular Session, March 15, 1999 Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on June 30, 1999, and semiannually thereafter on the 1st day of June and December in each year. This Bond shall bear interest from its date of delivery at the in,al rate of seven and one-quarter percent (7.25%) per annum (the "Initial Rate"), which Initial Rate shall be adjusted thereafter on each of April 1, 2002, April 1, 2005 and Apd[ 1, 2008 (each an "Adjustment Date"). Interest shall be calculated by American Trust & Savings Bank, Dubuque, Iowa (the "Original Purchaser'') on each Adjustment Date for the ensuing three-year period to equal the prime rate of interest as published in the Money Rate section of The Wall Street Journal, minus one- half of one percent (0.50%) (the "Adjusted Rate"). In no event shailthe Adjusted Rate cause the rate of interest borne by the Bonds to exceed nine percent (9%) or to be less than six percent (6%). This Bond shall mature in the principal amounts set forth on the Debt Service Schedule attached hereto as Exhibit A and incorporated herein by this reference. As set forth on said Debt Service Schedule, principal shall be payable on December 31, 2001 and semiannually thereafter on June 30th and December 31st of each year in the amounts set forth therein until principal and interest are fully paid, except that the final installment of the entire balance of principal and interest, if not sooner paid, shall become due and payable on June 30, 2011. On each Adjustment Date, the Debt Service Schedule shall be adjusted by the Original Purchaser to reflect the Adjusted Rate to be borne by the Bonds for the succeeding three-year period, calculated as described above. Principal maturities shall be adjusted to the extent practicable to provide for substantially level payments of principal and interest in each year. Such revised Exhibit A thereafter shall be deemed to be incorporated herein by reference and made a part hereof and supersede and replace the Debt Service Schedule initially attached to the Bonds. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownemhip maintained by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. THE ISSUER DOES NOT INTEND OR REPRESENT THAT THE INTEREST ON THiS BOND WILL BE EXCLUDED FROM GROSS INCOME FOR FEDERAL INCOME =URPOSES UNDER SECTION 103 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND THE ISSUER IS NOT OBLIGATED TO TAKE ANY ACTION TO ATTEMPT TO SECURE ANY SUCH EXCLUSION. THE HOLDER OF THIS BOND THEREFORE SHOULD TREAT THE INTEREST THEREON AS BEING SUBJECT TO FEDERAL INCOME TAXATION. This Bond is issued pursuant to the provisions of Section 403.9 of the Code of Iowa, as amended, for the purpose of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Urban Renewal Plan for the Dubuque Industrial Center/South Economic Development Disthct, including those costs associated with the funding of an economic development grant to Advanced Data-Corem, Inc., an Iowa corporation, pursuant to and under the conditions set forth in a Development Agreement dated as of November 16, 1998 by and among the City of Dubuque, ADC Properties, L.C., an Iowa limited liability company (the "Developer"), and Advanced Data- Corem, Inc., in conformity to a Resolution of the Council of said City duly passed and approved. This Bond is not an indebtedness within the meaning of any statutory provisions, or a general obligation of the City. This Bond may be called for redemption by the issuer and paid before maturity on any date, from any funds regardless of source, in whole or from time to time in part, by giving thirty days' nofice of redemp~on by registered mail, to the registered owner of the Bond. The terms of redemp~on shall be par, plus accrued interest to date of call. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by the City Treasurer, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond st the office of the Registrar, together with an assignment duly ; executed by the owner hereof or his duly authorized attorney in the form as Special Session~ March 15+1999 114 shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered Bondholders of such change. All Bonds shall be negotiable as provided in Article 8 of the Unh'orm Commercial Code and Section 384.83(5) of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. This Bond, as provided in the Bond Resolution of which notice is hereby given and is hereby made a par~ hereof, is payable from and secured by a pledge of the tax increment revenues collected in respect of the Developer's properties located within the Dubuque Industrial Center/South Economic Development District (the "Project Area"), as defined and provided in said Resolution, as referred to and authorized in subsection 2 of Section 403.19 of the Code of Iowa, as amended ("incremental taxes"). There has heretofore been established and the City covenants and agrees that it will maintain in force an ordinance providing for the division of incremental taxes within the Project Area for the establishment of a sinking fund to meet the principal of and interest on this Bond as the same becomes due. This Bond is not payable in any manner by general taxation and under no circumstances shall the City be in any manner liable by reason of the failure of said tax increment revenues to be sufficient for the payment hereof. And it is hereby represented and cer~ed 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. IN TESTIMONY WHEREOF, said City by its City Council has caused this Bond to be signed by the manual signature of its Mayor and attested by the manual signature of its City Clerk, with the seal of said City impressed hereon, and authenticated by the manual signature of an authorized representative of the Registrar, the City Treasurer, Dubuque, Iowa. Item 11, figure 1 Date of authentication: Item 12, figure 1 = This is one of the Bonds described in the within mentioned Resolution, as registered by the City CITY TREASURER By: Registrar Item 13, figure 1 = Registrar and Transfer Agent City Treasurer Paying Agent City Treasurer Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block] CITY OF DUBUQUE, IOWA By' ' ' Mayor ATTEST: By; Cftv Cl~rk'.~ manual slon~ture City Clerk Item 16, figure 2 = It is certified that the following is a corroot and complete copy of the opinion of bond counsel issued as of the date of delivery of the issue of which this Bond is a part. (manual signature) City Clerk [Opinion of Bond Counsel] Item 17, figure 2 = [Assignment Block Information Required for Reg stration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Ideut~cstion No. .) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration ef the within Bond, with full power of substitution in the ~remises. Dated: (Person(s) executing this Assignment sign(a) here) SIGNATURE ) GUARANTEED) 'IMPORTANT- READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER 115 Regular Session, March 15, 1999 Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Corporation Partnership Trust 'If the Bond is to be registered in the names of multiple indMdual owners, the names of ali such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in IA UNIF TRANS MIN ACT .......... Custodian .......... (Cust) (Minor) under Iowa Uniform Transfers to Minors Act ............... (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST. Section 13. Equality of Lien. The timely payment of principal of and interest on the Bonds shall be secured equally and ratably by the Tax Increments collected and allocated to the Technology Park (ADC) TIF Account without pdority by reason of number or time of sale or delivery; and the Tax Increments collected and allocated to the Technology Park (ADC) TIF Account are hereby irrevocably pledged to the timely payment of both principal and interest as the same become due. Section 14. Proceeds. An amount equal to the initial reserve fund requirement shall be deposited in the Reserve Fund for its purposes as provided in Section 16. An amount equal to $149,350 shall be deposited in the Sinking Fund as capitalized interest and paid on the first five (5) installments of interest due on the Bonds. The balance of proceeds not applied to costs of issuance shall be paid into the Project Fund and applied for purposes of issue. Subject to the [imitations contained in Code Section 403.9(1) any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds of the Project shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the eadiest oppor[unity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by [aw or this Resolution. Any excess proceeds remaining on hand shall be paid into the Reserve Fund. Section 15. Tax Levy. After its adoption, a copy of this Resolution shall be filed in the office cf the County Auditor of Dubuque County to evidence the pledging of the Technology Park Urban Renewal Tax Increment Revenue Fund and the portion of taxes to be paid into the Technology Park (ADC) TIF Account and, pursuant to the direction of Section 403.19 of the Code of Iowa, the Auditor shall thereafter allocate the taxes in accordance therewith and in accordance with the Ordinance referred to in the preamble hereof. It is hereby cer~fied that the annual amount of Tax Increments to be collected pursuant to Section 403.19(2) of the Code of Iowa shall be not less than the annual requirement for principal and interest, as follows: Amount of Principal ~nd Interest Fiscal Year (Juiy 1 to June 30) Year of Collection 84,100 1999/2000 65,250 2000/2001 128,087 2001/2002 128,087 2002/2003 128,087 2003/2004 128,087 2004/2005 128,087 2005/2006 128,087 2006/2007 128,087 2007/2008 128,087 2008/2009 128,087 2009/2010 128,087 2010/2011 Section 16. ~.Dolication of Revenues. From and after the delivery of the Bonds, and as long as the Bonds shall be outstanding and unpaid either as to principal or as to interest, or until all of the Bonds then outstanding shall have been discharged and satisfied in the manner provided in this Resolution, the Tax Increments collected in respect of the Development Property and the Minimum Improvements located thereon shall be deposited as collected Special Session, March 15~ 1999 116 Account and shall be disbursed only as follows: (a) Sinkind Fund. There is hereby established and shall be maintained a special fund within the Technology Park (ADC) TIF Account from which interest and principal on the Bonds will be paid. The fund shall be known as the ADC Principal and Interest Fund (the "Sinking Fund"). The amouatto be deposited in the Sinking Fund in any year shall be an amount equal to the and principal coming due on such Bonds during the fiscal year. Money shall be first deposited into the Interest Account of the Sinking Fund to an amount equal to the interesl failing due in each fiscal year. Money shall next be deposited into the Principal Account of the Sinking Fund to an amount equal to the principal falling due in each fiscal year. Money in the Sinking Fund shall be used solely for the purpose of paying prindpal of and interest on the Bonds, as the same shall become due and payable. (b) Reserve Fgr~d There is hereby established and shall be maintained a debt service reserve fund within the Technology Park (ADC) TIF Account in the amount of. at least $100,650 (the "Reserve Fund Requirement"). Such fund shall be known as the ADC Reserve Fund (the "Reserve Fund"). Whenever the amount on deposit in the Reserve Fund shall be not tess than the minimum required above, no further deposits need be made into the Reserve Fund except to maintain said fund at such level Money in the Reserve Fund shall be used solely for the purpose of paying principal at maturity of or interest on the Bonds. Whenever it shall .become necessary to so use money In the Reserve Fund, the Issuer shall make payments from any other sums that may then be held in the Technology Park (ADC) TIF Account until it shall have been restored to the required minimum amount. (c) SUrPlus Eevenue. A~J revenues thereafter remaining in the Technology Park (ADC) TIF Account shall be deposited to remedy any deficiency in any of the funds created by this Resolution, or may be used to pay or reimburse the Issuer for other ~oans, moneys advanced to or indebtedness incurred to finance or refinance in whole or in part the project of the Developer, as perm~ed by law, or may be used to pay or redeem the Bonds or for any lawful purpose. Moneys on hand in the Project Fund and all of the funds provided by this Section may be invested only in direct obligations of the United States Government or deposited in financial institutions which are members of the Federal Deposit Insurance Corpora'don ("FDIC") and the deposits n which are insured thereby and all such deposits exceeding the maximum amount insured from time to ~me by FDIC or its equivalent successor in any one financial ins~ufion shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value. AJtamative[y, such moneys may be invested in tax- exempt bonds or obligations of any state or political subdivision thereof which are rated by Moody's Investors Servise or Standard & Poor's Corporation at a rating classification equal to or better than the rating carried by the Bonds or, in the case of short-term obligations, a rating of MIG- 1, S&P-1 or better. ,Nl such interim investments shall mature before the date on which the moneys are required for the purposes for which said fund was created or otheP, vise as herein but in no event matudng in more than three years in the case of the Reserve Fund. The provisions of this Section shall not be construed to require the Issuer to maintain separate bank accounts for the funds created by this Secfion; except the Sinking Fund and the Reserve Fund sbeii be maintained in a separate account but may be invested in conjun~on with other funds of the City but designated as a trust fund on the books and records, of the City. Ail ~ncome derived from such investments shall be deposited in the Technology Park (ADC) TIF Account and shall be regarded as revenues thereof. Such investments shall at any time necessary be liquidated and the proceeds thereof applied to the purpose for which the respective fund was created. Section 17. Covenants Regarding the ODeretlon of the Project Ama The Issuer hereby covenants and agrees with each and every holder of the Bonds: (a) Maintenance in Force. The Issuer will maintain the Urban Renewal Plan and the Ordinance in force and will cause the incremental 117 Regular Session, March 15, 1999 taxes thereof to be levied annually in an amount not lees than the principal and interest falling due within the year, and applied as provided in this Resolution, unless the Bonds are paid or sufficient provision for their payment is made. Provided, however, that to the extent that amounts are on hand and are sufficient to meet the payments required to be made and to maintain a sufficient balance in each fund as required by this Resolution, the Issuer may abate the levy of incremental taxes in any year. (b) Acesuntinq and Audlts. The Issuer will cause to be kept proper books and accounts adapted to the Project Area and in accordance with generally accepted accounting practices, and will cause the books and accounts to be audited annually not later than 180 days after the end ~ of each fiscal year by an Inde. pendent Auditor and will provide copies of the audit report to the Original Purchaser upon request. The Original Purchaser and holders of any of the Bonds shall have at all reasonable times the right to inspect the Issuer's records, accounts and data of the lesuer relating to the Revenue Fund or the Technology Park (ADC) TIF Account (c} State Laws. The Issuer will faithfully and punctually perform all duties with reference to the Urban Renewal Plan required by the Constitution and laws of the State of Iowa, and will segregate the revenues of the Project Area and apply said revenues to the funds as specified in this Resolution. (d) Amendmenfs The lesuer rese~es the tight to amend the Urban Renewal Plan for the Project Area and the Ordinance in its lawful discretion; provided, that in no event shall obligations resulting from an amendment or merger have any priority over the Bonds. Section 18. Remedies Of Bondholdem. Except as herein expressly limited the holder or holders of the Bonds shall have and possees all the rights of action and remedies afforded by the common law, the Constitution and statutes of the State of Iowa, and of the United States of America, for the enforcement of payment of their Bonds and interest thereon, and of the pledge of the revenues made hereunder, and of all covenants of the Issuer hereunder. Section 19. No Prior Lien or Parity Bonds. The Issuer will issue no other Bonds or obligations of any kind or nature payable from or enjoying a lien or claim on the property or revenues cf the Technology Park (ADC) TIF Account having pdority over the Bonds or standing on a parity therewith with respect to the lien and claim of such additional obligations to the revenues thereof and the money on deposit in the funds created in this Resolution, without the wdtten consent of the Original Purchaser or other registered holder of the Bond. Section 20. Discharae aqd Satisfaction of Bonds The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Bonds in any one or more of the following ways: (a) By paying the Bonds when the same shall become due and payable; and (b) By depositing in trust with the Treasurer, or with a corporate trustee designated by the governing body for the payment of said obligations and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to retire at maturity, or by redemption pdor to maturity on a designated date upon which said obligations may be redeemed, all of such obligations outstanding at the time, together with the interest thereon to maturity or to the designated redemption date, premiums thereon, if any that may be payable on the redemption of the same; provided that proper notice of redemption of all such obligations to be redeemed shall have been previously published er provisions shall have been made for such )ublication. Upon such payment or deposit of money or secur~es, or both, in the amount and manner provided by this Se~on, all liability of the Issuer with respect to the Bonds shall cease, determine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or securities so deposited. Section 21. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer and the holder or holders of the Bonds, and after the issuance of any of the Bonds no change, variation or alteration of any kind in the provisions of this Resolution shall be made in any manner, except as provided in the next Special Session, March 15, 1999 succeeding Section, until such time as all of the Bonds, and interest due thereon, shall have been satisfied and discharged as provided in this Resolution· Section 22. Modification of Resolution. This Resolution may be amended from time to time ~f such amendment shall have been, to by holders of not less tha in principal amount of the Bonds at any · time outstanding (not including in any case any Bonds which may then be held or owned by or for the account of the Issuer, but including such Refunding Bonds as may have been issued for the purpose of refunding any of such Bonds ~f such Refunding Bonds shall not then be owned by the Issuer); but this Resolution may not be so amended in such manner as to: (a) Make any change in the matudty or interest rate of the Bonds, or modify the terms of payment of principal of or !nterest on the Bonds or any of them or Impose any cond~ons with respect to such payment, (b) Materially affectthe rights of the holders of less than all of the Bonds then outstanding; and (e) Reduce the percentage of the principal amount of Bonds, the consent of the holders of which is required to effect a further amendment. Whenever the Issuer shall propose to amend this Resolution under the provisions of this Section, it shall cause hat, ce of the proposed amendment to be filed with the Odginal Purchaser or to be mailed by certified mail to any other registered owner of the Bond as shown by the records of the Registrar. Such notice shall sat forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory Resolution is on file in the office of the City Clerk. Whenever at any time wfthin one year from the date of the mailing of said notice there shall be filed with the City Clerk an instrument or instruments executed by the holders of at least two- thirds in aggregate principal amount of the Bonds then outstanding as in this Section defined, which instrument or instruments shall refer to the proposed amendato~y Resolution described in said notice and shall specifically consent to and approve the adoption thereof, thereupon, but not otherwise, the governing body of the Issuer may adopt such amendatory Resolution and such Resolution shall become effective and binding upon the holders of ail of the Bonds. 118 Any consent given by the holder of a Bond pursuant to the provisions of this Section shall be irrevocable for a pedod of six months from the date of the instrument evidencing such consent and shall be conclusive and binding upon all future holders of the same Bond dudng such pedod. Such consent may be revoked at any time after s~x months from the date of such instrument by the holder who gave such consent or by a successor in He by filing notice of such revocation with the City Clerk. The fact and date of the execution of any instrument under the provisions of this Section may be proved by the certificate of any officer in any urisdiction who by the laws thereof is authorized to take acknowledgments of deeds within such jurisdiction that the signing such instrument acknowledged before him the execution thereof, or may be proved by an affidav~ of a witness to such execution sworn to before such officer. The amount and numbers of the Bonds held by any person executing such instrument and the date of his holding the same may be proved by an affidavit by such person or by a certificate executed by an officer of a bank or trust company showing that on the date therein mentioned such had on deposit with such bank or trust company the Bonds described in such cer~ficata. Section 23. Severabil~. If any section, paragraph, or provision of this Resdiution shall be held to be invalid or unenforceable for any reason, the inva[idlty or unenforceability of such section, paragraph or provision shall not..affect any of the remaining Section 24. Repeal of Conflicting Ordinance8 or Resoll~fions and Effective Date. All other ordinances, resolu~ons and orders, or parts thereof, in conflict With the provisions of this Resolution are, to the extent of such conflict, hereby repealed; and this Resolution shall be in effect from and after ~ adoption. Passed and approved this 15th day of March, 1999. Torrance M. Duggan, Mayor Attest Ma~, A. Davis CMC, C~ Clerk Voetberg moved adoption of the Resol~on. Seconded by BuoL Motion carded 7-0. City Manager recommending approval of CEBA application for Cigna Corp. parent company of Trilog, Inc., Regular Session, March 15, 1999 presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carried 7~0. RESOLUTION NO.126-99 A RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) APPLICATION ON BEHALF OF CIGNA CORPORATION. Whereas, CIGNA Corporation, the parent company of Tfilog, Inc., a local pension plan administrator, has proposed the expansion of its existing operations in downtown Dubuque; and Whereas, the City Council of Dubuque, Iowa has considered said proposal and has determined that the proposed project Will contribute to the local economy through the creation of jobs for area residents; and Whereas, the Iowa Department of Economic Development's Community Economic Betterment Account (CEBA) was designed to assist in the economic development efforts of local jurisdictions; and Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the Community Economic Betterment Account program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an application for participation in the Iowa Community Economic Betterment Account program on behalf of CIGNA Corporation is approved. Section 2. That the local match as identified in the application is hereby approved. Sedan 3. That the Mayor is hereby authorized and directed to execute and submit said application to the State of Iowa Economic Development Commission together with such documents as may be required. Passed, approved, and adopted this 15th day of March, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded byBuoL Motion carried 7-0. C~ Manager recommending approval to file for a Highway Safety Grant in the amount of $9,000, presented and read. Voetberg moved that the communication be received and filed and recommendation approved. Seconded by Buo[. Motion carried City Manager recommending approval of sub-lease for City [and [eased by Dubuque Yacht Basin, Inc. to Michael E. Welch, d/b/a Tugboat Wi[ly's Inc., presented and read. Voetberg moved that the communication be received and filed and approved recommendation. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 127-99 RESOLUTION GRANTING AUTHORIZATION TO DUBUQUE YACHT BASIN TO SUBLEASE PROPERTY LEASED FROM THE CITY OF DUBUQUE TO MICHAEL E. WELCH, D/B/A TUGBOAT WILLY'S, INC. OF DUBUQUE, IOWA Whereas, the Dubuque Yacht Basin has requested subleasing of a portion of property leased by Dubuque Yacht Basin from the City of Dubuque, Iowa, to Michael E. Welch to operate a restaurant to be known as Tugboat Wi[ly's pursuant to the following leases: 1. Lease agreement dated April 8, 1970; 2. First amendment to lease dated November 3, 1970; 3. Lease agreement dated FebruaryS, 1974; 4. Lease Agreement dated November 16, 1987; and Whereas, the existing lease agreements between the City of Dubuque and the Dubuque Yacht Basin stipulate that the Lessee has the dght to sublet or assign any of its rights, in and to the demised premises, to any person or concern with pdor written approval of the Lessor in that the Lessor's interest shall be fully )retected and which approval of the Lessor shall not be unreasonably withheld; and Whereas, the sublease agreement between the Dubuque Yacht Basin and Tugboat Willy's, Inc. has been reviewed and has been found to )rotect the interest of the City of Dubuque in the existing teases with the Dubuque Yacht Basin. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That approval be granted to the Dubuque Yacht Basin, Inc. to sublease a portion of its leased property from the City of Dubuque to Michael E. Welch, D/B/A Tugboat Willy's, Inc., in accordance with the sublease agreement between said private parties dated February 23, 1999. Special Session, March 15~ 1999 120 Section 2. That the term ofthesaid sublease shall be from Apdl 1, 1999 and ending on March 31, 2004, with the option to extend the lease through the Year 2019 as per the terms of the City's lease agreement with the Dubuque Yacht Basin. Section 3. That the sublease to Tugboat Willy's, Inc. is bound by all stated terms and conditions of the existing leases between the City of Dubuque and the Dubuque Yacht Basin, Inc. Passed, approved and adopted this 15th day of March, 1999. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by BuoL Motion carded 7~0. City Manager recommending .acceptance of construction of roadway Improvements for Dubuque Industrial Center/South, presented and read. Voetberg moved that the communication be received and tiled. Seconded by Budi. Motion carded 7-0. RESOLUTION NO. 128-99 ACCEPTING IMPROVEMENT Whereas, the contract for the Dubuque Industrial Center South Roadway Improvement Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. 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 through a RISE grant and the street construction fund in amount equal to the amount of his contract, less any retained pementage provided for therein. Passed, approved and adopted this 15th day of March, 1999. Terrance M. Duggan, Mayor Attest: MaryA: Davis, City Clerk Voetberg moved adoption of the Resolu~on. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 129-99 FINAL ESTIMATE Whereas, the contract for the Dubuque Industrial Center South Roadway Improvement Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the cost of said ~mprevement is hereby determined to be $1,002 448.10 and the sa d amount shall be paid through a RiSE grant and the street construction fund of the CH of Dubuque, Iowa. Passed, approved and adopted this 15th day of March, 1999. Terrence M. Duggan, Mayor Attest: Ma~ A: Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. City Manager recommending City enter into a contract with Northeast iowa Small Business Development Center to provide Fourth Entrepreneurship Training Course through the City's Enterprise I Opportunity Program, presented and read. Voetherg moved that the communication be received and tiled. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 139-99 A RESOLUTION APPROVING A CONTRACT FOR SERVICES WITH THE NORTHEAST IOWA SMALL BUSINESS DEVELOPMENT CENTER TO PROVIDE AN ENTREPRENEURSHIP TRAINING PROGRAM. Whereas, the City of Dubuque, Iowa has identified the need for expanded economic opportunities for Iow and moderate income persons; and Whereas, the City's Consolidated Plan for Housing and Community Development has recommended an Enterprise Opportunity Program to ~assist Iow and moderate income entrepreneurs; and Whereas, the current City budget has allocated Commun~ Development Block Grant funds for an Enterprise Opportunity Program to provide training and loans for Iow and moderate income persons to become seE-sufficient through self-employment; and 121 Regular Session, March 15, 1999 Whereas, the Northeast iowa Small Business Development Center has cerdt'led staff to provide entrepreneurship training to indMduals interested in starting their own business. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a contract for services with the Northeast Iowa Small Business Development Center to provide entrepreneurship training for Iow and moderate income persons is hereby approved. Section 2. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, a contract with the Northeast iowa Small Business Development Center for consultant services not to exceed $8,250. Passed, approved and adopted this 15th day of March, 1999. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Voetberg moved adoption of the Rssolution. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 130-99 Whereas, applications for Beer Permits have been submitted and to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS"B" BEER PERMIT 8th Inning bbC. 8th Inning LLC. +(Sunday/Outdoor Service) 1 Admiral Sheehy Dr. Passed, approved and adopted this 15th day of March, 1999. Terrance M. Duggan, Mayor Attest: Mary A Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 131-99 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 [T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the Manager be authorized to cause to be issued the fo[lowing named applicants a Liquor License. CLASS "B' (HOTEL/MOTEL) BEER/LIQUOR LICENSE Dubuque Historic Improve. Redstone Inn+(Sunday Sale) 504 Bluff CLASS "C"(COMMERCIAL) BEER/LIQUOR LICENSE Yardarm Inc. Yardarm + (Sunday/Outdr Sale) 1201 Shires Ext Lana Raye LuGrain P.J.'s +(Sunday Sale) 500 Rhomberg Ave Passed, approved and adopted this 15th dayof March, 1999. Terrenca M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Voetherg moved adop~on of the Rssol~on. Seconded by BuoL Motion carried 7-0. BOARDS AND COMMISSIONS: ZONING BOARD OF ADJUSTMENT: One Five Year term which will expire 3-25-00 (term of Gasper). Applicants: William Gasper and Carl Scherbring. Individuals are invited to address the Council to express their desire to serve. No one spoke. Robbins moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Buol. Motion carried 7-0. Proof of publication ceri~ed to by the Publisher on Notice of Public Headng to reclassify property at 4100 Asbury Road from AG to C-2 District (Tim Hilby), presented and read. Buol moved that the proof be received and filed. Seconded by Robbins. Motion carded 7-0. 'Rm and Sara Hiiby spoke requesting rezoning. An Ordinance Amending Zoning Map by reclassifying property located at 4100 Asbury Road from AG Agricultural Distdct to C-2 Neighborhood Shopping Center District, said Ordinance denied by Zoning Commission, tirst and second readings given 2-15-99, now )resented for final action. Special Session, March 15i 1999 127 (OFFICIAL PUBLICATION) ORDINANCE NO. 21-99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES. BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 4100 ASBURY ROAD FROM AG AGRICULTURAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER 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 recJaesifying the hereinafter described property as shown in Exhibit A, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa from AG Agricultural District to C-2 Neighborhood Shopping Center DistdcL 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. Passed, approved and adopted this 1st day of Mamh, 1999. Terrance M. Duggan, Mayor Attest MaryA. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of March, 1999. Mary A. Davis CMC, City Clerk 1 t 3/23 Buol moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carded 7-0. Proof of publication certified to by the Publisher on Notice of Public Hearing to reclassify property located on Highway 20 West from County AG to C.-3 District, concurrent with annexation, and CommunicalJon of Wm. and Janet Siegert requesting their property be re. zoned to C-3 with no restrictions or special considerations and therefore would agree to voluntary annexation (Request to address the Council if they choose), presented and read, Markham moved that the proof and communication be received and filed, Seconded by Voetberg. Motion carried 7-0. William Siegert spoke requesting rezoning and that there be no special cond~ons at this time. An Ordinance Amending Zoning Map by reclassifying property located on Highway 20 West from Dubuque County A-1 Agricultural District to City's C-3 General Commercial District, concurrent wi~ annexation, with first and second readings given on 3-1-99, now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 22-99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ON HIGHWAY 20 WEST FROM DUBUQUE COUNTY A-1 AGRICULTURAL DISTRICT TO CITY OF DUBUQUE C-3 GENERAL C O M M E RCIA L DISTRICT, CONCURRENT WITH ANNEXATION. Whereas, William and Janet Siegert, property owners, have requested rezoning concurrent with annexa~on 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 consistent with the Comprehensive Plan and the Future Land Use Map of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA` Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from Dubuque County A-1 Agdculturel District to City of Dubuque C-3 General Commercial District, to wit. As legally described in Exhibit B, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as )rovided by law, and at such time that the herein described property is legally annexed into the City of Dubuque, 123 Regular Session, March 15, 1999 iowa. Passed, approved and adopted this t 5th day of March, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegreph Herald newspaper this 24th day of March, '1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, Cb Clerk I 3/24 Markham moved final consideration and passage of the Ordinance, as amended. Seconded by Voetberg. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice to consider annexation of land in Highway 20 Corridor from Northwest Arterial west to the Landfill Entrance Road and Cottingham Road, Petitions of Dubuque Metropolitan Area Solid Waste Agency, Paul W. and Jayne H. Cate and Wm. & Janet Siegert requesting voluntary annexation into the City; Petition of Patdck & Sandra Welsh requesting voluntary annexation and requesting to hook onto the city water supply; and City Manager advising effe~ve April 1, th~ Welshes will have access to City water, presented and read. Voetberg moved that the proof, petions and communication be receive, d and filed. Seconded by BuoL Motion carried 7-0. John Riley of Riley Development spoke expressing concerns with the timing of*he annexation and requesting postponement until the SW Arterial Study is finalized. Rod Chdst, Richard Kelly, and Vern Sindt all spoke objeddng to annexation at this time. Dick McFadden and Waiter McFadden spoke of delayed City service extensions in past annexations. RESOLUTION NO. 132-99 RESOLUTION ANNEXING CERTAIN PROPERTY TO THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque, as owner of approximately 288 acres of property lying outside the corporate limits of the Cb of Dubuque, has petitioned for voluntary annexation of said territory to the City of Dubuque, as shown in Exhibit A-l; and Whereas, the Dubuque Metropolitan Area Solid' Waste Agency, as the owner of appraximate[y 348 acres of property lying outside the corporate limits of the City of Dubuque, has ~etioned for voluntary annexation of said territory to the City of Dubuque as shown in Exhibit A-2; and Whereas, Paul and Jayne Cate, as the owners of approximately 105 acres of property lying outside the corporate limits of the City of Dubuque, have petitioned for voluntary annexation of said territory to the City of Dubuque, as shown in Exhibit A-3; and Whereas, William and Janet Siegert, as the owners of approximately 179 acres of propert7 lying outside the corporate limits of*he City of Dubuque, have petioned for voluntary annexation of said territory to the City of Dubuque, as shown in Exhibit A-4; and Whereas, Patrick and Sandra Welsh, as the owners of 0.5 acres of property lying outside the corporate limits of the City of Dubuque, have pe~oned for voluntary annexation of said territory to the City of Dubuque, as shown in Exhibit A-5; and Whereas, the City of Dubuque has petitioned for the annexation of the 66- foot public right-of-way of Cottingham Road from the City's property to the Weishs' property, as provided Section 368.5 of the Iowa Code, as shown in Exhibit A-5; and Whereas, the Cb of Dubuque has petitioned for the annexation of approximately 46 acres of U.S. Highway 20 right-of-way owned by the State of Iowa from Iowa 32 (the Northwest Arterial) to the entrance road to the Dubuque County Landfill, as provided in Section 368.5 cf the Iowa Code and as shown in the above-cited Exhib~; and Whereas, the City of Dubuque has petitioned for the annexation of approximately 9.42 acres of property adjoining Cottingham Road without*he consent of the property owners to create more uniform boundaries as shown in Exhibit C-1; and Whereas, the City of Dubuque has petioned for the annexation of approximata[y 11.05 acres of property adjoining Cousins Road without the consent of the owners to avoid creating an island, as provided by Section 368.7 of the Iowa Code, as shown in Exhibit C-2; and Whereas, the City of Dubuque has pe~oned for the annexation of approximataly 86.5 acres of properly adjoining U.S. Highway 20, Old Highway Road, and Radford Road without the consent of the property owners, to create more uniform boundaries as shown in Exhibit C-3; and Special Session, March 15+1999 Whereas, Chapter 368 of the Iowa Code authorizes the extension of City limits in situations of this character by the adoption of a resolution after notification required by State regulations; and Whereas, the extension of the City limits through annexation of said proper~es is consistent with the Dubuque Comprehensive Plan; and Whereas, the future growth and development of the City of Dubuque, Iowa, make it desirable that said properties be made a part of the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the territorial limits of the City of Dubuque, Iowa, be, and they hereby are extended, to include: the right-of-way of U.S. Highway 20 from the Dubuque corporate limits at the intersection of Iowa 32 (the Northwest Arterial) southeasterly to the northern boundary of the intersection of the entrance road for the Dubuque County Landfill, as defined by a line extended from the southwest corner of parcel number 156-200-005 to the southeast corner of parcel number 15- 6-100-008; the 66-foot right-of-way of Cottingham road from the intersection of Old Highway Road southerly to a point 100 feet south of the northern property line of parcel number 10-31- 300-001; the properties included in the above- cited petitions for voluntary annexation and legally described in Exhibit B-l, B- 2, B-3, B-4 and B-5, and to the centeriine of the rights-of-way of adjoining secondary roads in Dubuque County, Iowa; and the properties included in this voluntary annexation petition without the consent of the property owners cited above, which comprise lees than twenty percent (20%) of the land area and legally described in Exhibits D-l, D-2, and D-3, and to the centedine of the rights-of-way of adjoining secondary roads in Dubuque County, Iowa. Secton 2. That the territory hereby annexed north and west of U.S. Highway 20 shall become a part of the Second Ward, Seventh Precinct of the City of Dubuque, Iowa. Section 3. That the ter~tory hereby annexed south and east of U.S. Highway 20 shall become a part of the First Ward, Third Precinct, of the City of Dubuque, Iowa. Section 4. That the City Clerk shall file this resolution, all Exhibits and the 3e~ons for voluntary annexation, including territory comprising approximately twenty percent (20%) of the land area without consent of the property owners, with the City Development Beard of the State of Iowa. Passed, approved and adopted this 15th day of March, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. Nicholson moved that the fo[lowing item be removed from the table. Seconded by Robbins. Mofion carried 7-0. Request to institute Eminent Domain Proceedings for services to Alpine Mobile Home Park. Request from Ed Tschiggfde to table this matter to the Apdl 19th meefing, and Communication of Galen Manternach concurring with request to table to 4-19, presented and read. Nicholson moved that they approve this request and table this to the Council Meeting of 4-19-99. Seconded by Robbins. Motion carried 7-0. Nichclson moved that the following item be removed from the table. Seconded byBuoL Motion carried 7-0. City Manager submitting Ordinances providing for back-in angle parking on Fourth and Fifth Streets, presented and read. Vostberg moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending Code of Ordinances by deleting subsecton (e) and adding new Subsections (e), (0 and (g) to Section 32-263 relating to angle paddng and adding portions of Fourth and F"~h Streets to new subsecton (0 and an Ordinance Adopfing a new Section 32-271 in lieu thereof to the City Code of Ordinances, ~resented and read. Voetberg moved that this be considered the first reading only of these Ordinances. Seconded by Nicholson. Carried bythe fctowing vote: Yea.~--Buol, Michalski, Nicholson, Robbins, Voetherg. Nays----Duggan, Markham. Shirley Strub, President, Beta Sigma Phi requesting to have Fifth Street from ] 25 Regular Session, March 15, 1999 Adams St. to the River renamed in honor of Regina Hayford and City Planner submitting information regarding the renaming of the street, and an Ordinance Changing the name of Fifth Street from Adams Street East to its eastern terminus, to Regina Hayford Boulevard, presented and read. Nicholson moved that the communication and Ordinance be received and filed. Seconded by Robbins. Motion carried 7-0. Shirley Strub spoke to the request. City Manager submitting ordinance providing for right-of-way encroachment at 84 Main Street, presented and read. Bucl moved that the communication be received and filed. Seconded by Voetberg. Motion carried 7~0. An Ordinance Authorizing Steve Gudenkauf to construct a sign and a projecting awning at 84 Main St, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 23-99 AN ORDINANCE AUTHORIZING STEVE GUDENKAUF TO CON- STRUCT A SIGN AND AWNING PROJECTING CANOPY NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That Steve Gudenkauf, as the owner of the premises known as 84 Main Street, Dubuque, Iowa, and legally described as 84 Main Street, Dubuque, Iowa, be and they are hereby granted the revocable permit and authority to construct and maintain a projecting canopy under the terms and conditions set forth in this Ordinance. Sec~on 2. That such conetTuction shall be done in accordance with plans heretofore submitted by permittees and approved by the C~ Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittaes' agreement to: a. Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said canopy; and b. Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and c. Pay on behaff of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said canopy sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of canopy and to pay reasonable attorney fees therefor, and d. Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly cond~oned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said canopy and in the event of their tai[ure to do so, the City of Dubuque shall be authorized to remove said canopy at permittees' expense and dispose of the same, and the permittae shall have no claim against the City or its agents for damages resui~ng from the removal of said canopy. Section 5. That permittees covenant and agree that the revocable permit herein granted does not cons~uta an approval of the design, erection, location, construction, repair or maintenance of said facility and said )ermittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, )ersona[ injuries and/or property damage against the permittees arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the Special Session~ March 1571999 126 facil~ herein permitted. Section 6. This Ordinance shall become effec§ve and the rights hereunder accrue to Steven Gudeekauf when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittess by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authored and directed to file at permittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 15th day of March, 1999. Terrance M. Duggan, Mayor Attest. MaryA. Davis, City Clerk ACCEPTANCE QF ORDINANCE NO. 23-99 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 23 -99, hereby, for themselves, their successors or assigns, as owners of the abu~ng property, accept the same and agree to be bound by the conditions and agreements therein contained to be perCormed by permittees. By:/s/Steven J. Gudekauf 'F~e: Owner Dated: March 3, 1999 Published oftidaliy in the Telegraph Herald newspaper this 23rd day of Mamh, 1999. It 3/23 MAW.&. Davis CMC, City Clerk Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Voatberg. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Voetberg. Motion carried 7-0. Environmental Stewardship Commission recommending to continue with Dubuque Urban Deer Management Plan for 1999-2000 season, presented and read. Michalski moved that the communication be received and flied. Seconded by Nicholson. Motion carried 7-0. City Manager advising 1999 Urban Deer Management Plan was successful and recommending to continue far next season, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carded 7-0. City Manager advising of filing an appeal by the Cffy from action of Historic Preservation Commission tabling application for Certificate of Economic Hardship for 304-320 and 330-336 Main St., presented and read. Buol moved that the communicafion be received and filed and moved to reverse the Commission's action and approve a Certificate of Economic Hardship be issued to the City for the Merchants Hotel and Union Cigar Store buildings. Seconded by Robbins. Motion carried 7-0. Gail Naughton, Vice Chair of Hiatodc Pres. Commission, spoke requesting Council not override their motion to table. Steve Harman on behalf of the Chamber of Commerce spoke of time constraints for the proposed new building. Communication of Zoning Advisory Commission advising of the approval to amend the PI District at 1105 Julien Dubuque Drive with cond~ions (Roger Kunde), presented and read. Voetberg moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. An Ordinance Enacting of new Development Land Use Map for Ordinance No. 75-92, Second Amendment, in lieu thereof pertsining to permitted uses and development on Parcel "G' of the PI Planned Industrial District for Julien Dubuque Drive, with cond~ons, presented and read. Voetberg 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 finaliy )assed be suspended. Seconded by Markham. Vote on the motion was as follows: Yeas--Duggan, Nicholson, Robbins, Voetberg. Nays--Buol, Markham, Michalsld. MOTION FAILED. Voetberg moved that a Hearing be set on this Ordinance on 4- 5-99 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Markham. Vote on the motion was as follows: Yeas---Duggan, Nichoison, Robbins, Voetberg. Nays--Buol, Markham, Michalski. Motion Passed. Zoning Advisory Commission advising of their denial to rezone 127 Regular Session, March 15, 1999 property at 1125 Rockdale Road from R-1 to OS District (Patr[cia Mohr) and Communication of Ruth Hartig requesting to deny the request for rezoning the Kinder[and property at 1125 Rockdale Rd., and an Ordinance Amending Zoning Map by reclassifying property at 1125 Rockdale Rd. from R- 1 Single-Family Residential District to OS Office Service District, presented and read. Voatberg moved that they concur with the denial. Seconded by Buol. Motion carried 7-0. City Manager requesting public hearing be set for April 5 to amend Clock Tower Easement on City Lot 54, presented and read. Voatberg moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 133-99 RESOLUTION DISPOSING OF CITY INTEREST IN A CLOCK TOWER EASEMENT ON CITY LOT 54 IN THE CITY OF DUBUQUE, IOWA Whereas, the Security Partners, UP. has requested the vacating of a Clock Tower easement on City Lot 54 in the City of Dubuque, Iowa; and Whereas, the Town Clock has been removed from City Lot 54 and relocated; and Whereas, the City Council of the C~ of Dubuque, Iowa has determined that this Clock Tower easement is no longer required for public use and vacating and re[ease of said easement on City Lot 54 in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the C~ of Dubuque intends to dispose of its interest and vacate and release the Clock Tower easement on City Lot 54 in the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby acthor~zed and d[rected 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 15th day of March, 1999. Terrence M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voetherg moved adoption of the Resolution and fudher set this matter for Headng on 4-5-99 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Buol. Mo'den carded 7-0. City Manager recommending to consider an amendment to Lease and Agreement with Dubuque Madna, Inc., presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 134-99 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY AMENDMENT TO LEASE WITH DUBUQUE MARINA, INC. WHEREAS, the City of Dubuque, Iowa (City) leases certain real property to Dubuque Marina, Inc. (Marina) as set for[h in a Lease and Agreement, dated October 29, 1956, as amended, which Lease and Agreement are attached hereto: And WHEREAS, the term of the Lease and Agreement ends on December 31,2023; and And WHEREAS, Ke'ith Kann (Kann) and Mary Wilhelm 0Nilhelm) desire to enter into an Agreement for the purchase of the assets of Madna, including the Lease and Agreement, but only on the condition that the term of the Lease and Agreement be extended to December 31, 2028; and And WHEREAS, City is amenable to extending the term of the Lease on the cond~on Kann and W'lihelm purchase the assets of Marina on terms acceptable to City and on the further condition that the annual rent during the lease extension shall be fair market rent. NOW, THEREFORE, BE tT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. The City of Dubuque, Iowa, intends to dispose of its interest in the foregoing-described real property by amendment to the Lease and Agreement, a copy of which amendment is attached hereto, extending the term of the Lease and Agreement from December 31, 2023 to )ecember 31, 2028, it being an express condi~cn of such amendment that Keith Kann and MaryWiihelm shall )urchase the assets of Dubuque Marina, Inc. and Dubuque Marina, Inc. shall assign the Lease and Agreement to Keith Kann and Mary Wilhelm by not later than the 1st day of May, 1999, upon terms acceptable to the City. Section 2. The City Clerk is hereby authorized and directed to cause this ~ssolution and a notice to be published Special Session, March iS, 1999 128 as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing- described real property, to be held on the 5th day of April, 1999, at 7:00 o'clock p.m., at the Public Library Auditorium, 11th & Locust, Dubuque, iowa. Passed, approved and adopted this 15th day of March, 1999. Torrance M. Duggan, Mayor Attest:. MaryA~ Davis, City Clerk Buol moved adoption of the resolution and further set this matter for Headng on 4~5-99 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Robbins. Motion carded 7-0. City Manager submitting documents providing for construction of Soccer Field Complex for Sanitary Sewer extension, presented and read. Robbins moved that the communication be received and tiled. Seconded by Nicholson. Motion carried RESOLUTION NO. 135-99 Whereas, the City of Dubuque has been negotiating with the owners of record for right-of-way and easements necessary for the Soccer Complex Sanitary Sewer Extension; and Whereas, the City of Dubuque has not been successful after reaeanable attempts in its efforts to negotiate a ea[e and purchase price for the required tight-of-way; and Whereas, the City of Dubuque find and determines that eminent domain proceedings should be instituted to acquire the needed right-of-way and easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That eminent domain pmcaedings be instituted forthwith by the City of Dubuque, Iowa for acquisition of the following lots or po~ons thereof as follows: 1. Lot 2-2 of Helen E. and Mary G. Stewart Subdivision, owned by KJvlahan Farm~, L.C. 2. Lot 1-1-1-1~1-1-1-1-1-1-9 of the NE 1/4 of Section 16, T89N, R2E, 5th P.M., Dubuque County, Iowa, owned by KJvlahan Farms, L.C. 3. Lot 2-1 of Mineral Lot 455, owned by Lemar Kothe and that the Corporation Counsel be directed to institute said eminent domain proceedings forthwith for and on behalf of the City of Dubuque, Iowa. Section 2. That the Corporation Counsel be and is hereby directed and empowered to do any and all things necessary and incidental to said eminent domain proceedings. Passed, approved and adopted this 15th day of Mamh, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 136-99 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Soccer Complex Sanitary Sewer Extension, in the estimated amount of $129,993.27, are hereby approved and ordered flied in the office of the City Clerk for public inspection. Passed, adopted and approved this 15th day of March, 1999. Torrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 137-99 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on tite in the office of the City Clerk for public inspection of the Soccer Complex Sanitary Sewer Extension. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 19th day of Apdl, 1999, a public hearing will be held at 7:00 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the CH Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day ~ed for its Regular Session March 15, 1999 consideration. At the headng, any interested person may appear and objections to the proposed plans, spec~cations, contract, or ~tim. eted cost of the improvement. Passed, adopted and approved this 15th day of March, 1999. Terrence M. Duggan, Mayor Attest:. Map/A. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 138-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Soccer Complex Sanitary Sewer EXtension is hereby ordered to be advertised for bids for constru~on. BE IT FURTHER RESOLVED, that the amount of the secur~y te accompany each bid shall be in an amount which shall conform to the provisions of the notice to biddem hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 8th day of April, 1999. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:00 p.m. en the 19th day of April, 1999. Passed, adopted and approved this 15th day of March, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. There being no further business, Buol moved that the meeting be adjourned. Seconded by Robbins. Motion carded 7-0. The meeting adjourned at 8:53 p.m. /si Mary A. Davis CMC City Clerk Council Members