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1998 March Council ProceedingsRegular Sessi0ni Mat~ti 2i 'J998 60 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS C~ Council, Regular Session March 2, 1998. Council met at 7:00 p.m., Public Library Auditorium. Present: Council Members Buol, Markham, Michaiski, Nicholsor Robbins, C~ Manager Michael Van Miliigen, Corpora~Jon Counsel Barry A. Lindahl. Absent: Mayor Duggan,_Council Member Voetberg. Mayor Pro-Tern Michalski 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 Invocation was given by Father Scott Bullock. Proclamations: Week of March 8-14 as "Girl Scout Week" received by Lisa Lynn; Month ef March as "Mental Retardation Awareness Month;" Month of March as "Professional Social Work Centennial Month" received by Marvin Fagerlind. Minutes Submitted: CMl Service Commission of 1-14; Electrical Code Board of 2-23; Five Flags Comm. of 1- 19; Histodc Preservation Comm. of 1- 22; Housing Comm. of 2-10; Housing Comm. Trust Fund CommMee of 2-12; Human Rights Comm. of 1-12; Park & Recreation Corem; of 2-10; Transit Trustee Bd. of 1-8; Zoning Adv. Comm. of 2-5; Zoning Bd. of Adjustment of 2- 13, presented and read. Buol moved that the minutes be received and flied. Seconded by Rcbbins. Motion carded 5-0. of Filing of Final Schedule of Assessments for Cedar Cross - Fremont Ave. Intersection Project AND Reconstruction of Radford Rd. from Pennsylvania Ave. to Chavenelle Rd; List of Saiades for C~ Employees for Year 1997, presented and read. Buol moved that the proofs be received and filed. Seconded by Robbins. Motion carded 5-0. Notices of Claims/Suits--Joseph Culbertson in amt. of $190,46 for vehicle damages; iowa Concrete Products Co., Inc. in amount of $36,718.40 for monies due from Sproule Construction Co., Inc. for materials ' supplied at Dubuque Industrial Center South Site Grading project; Nafiona[ Fleet Service, Inc. on behalf of Mercy Health Services in amount of '$4,439.17 for vehicle damages; Sandra Schubert for Devan Jansen in unknown amount for personal injuries; Lanette A. Vondel in est. amt. of $465.35 for vehicle ' damages, presented and read. Buol moved that the claims be referred to the Legal Staff for investigation and report. Seconded by Robbins. Motion carded 5-0. Corporation Counsel advising following claims have been referred to Public EnVy Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool; Truck damages and possible personal injuries of Ludwig Brenner, boat damage of Nelson p. Klavitter; presented and read. Buol meved that the communication be received and filed. Seconded by Robbins. Motion carded 5-0. Corporation Counsel advising vehicle damage claim of Richard Meehan has been forwarded to Winger Construction to be tiled with its- Insurance company, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded 5-0. Pdnted Council Proceedings for Corporation Counselrecommending month of December 1997, presented . denial of tire damage claim of Jenny M. for approva. Buol moved that the Kress, presented and read. Buol proceedings be approved as printed, moved that the communication be Seconded by Robbins. Motion carried 5-0. . Proofs of Publication, eerdfied to by the Publisher for Council Proceedings for meeting of Jan 19 & Feb. 2,; Notice received and tiled and denial approved. Seconded by Robbins. Motion carded 5-0. REFUND REQUESTED -- Anthony Kamp, $25.00 on unexpired Cigarette License, presented and read. Buol Regular Session, March 2, 1998 moved that the refund be approved and Finance Dir. to issue proper check. Seconded by Rabbies. Motion carried State Sena[or Tom Flynn acknowledging receipt of concerns and opposition for SF 2026 received from the Mayor, presented and read. Buol moved that the communication be received and tiled Seconded by Rabbies. Motion carried 5-0. City Manager recommending approval of Bunker Hill Golf Course operating agreement with G.M.S., inc. (George Stephenson, golf professional), presented and read. Buot moved that the communication be' received ana tiled and approved recommendation. Seconded by Rabbies. Motion carried 5-0. 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 hereby gives notice of its intent to acquire the following legally described property from Robert Frank, Jr.: Lots 138, 139 and 140 in Glendale AddiSon to the City of Dubuque, Iowa. Secfioi~ 2. The Mayor is hereby authorized and directed to execute all documents necessary to acquire the subject real estate. Passed, approved and adopted this 2nd day of March, 1998 Ann E. Michalski, Mayor Pro-Tern Attest: Mary A. Davis. Cky Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 5-0. City Manager recommending Stale Historica Society of Iow~ approval of Final Schedule of advising St. Luke's Methodist Assessments for 1996 Concrete Episcopal Church, 1199 Main Street, Paving Project (Clarke Drive), presented and read. Buol moved that has been accepted for nomination to the communicatio~ be received and the National Register of Historic Places filed. Seconded by Rabbies. Motion by me State Nominations Review carried S-0. Committee, presented and read. Buol movea that the communication be received and filed. Seconded by Rabbies. Motion carded 5-0. ChOy Manager recommending cedification of Cfty's population and authorize the Mayor re execute letter to the State Treasurer, presented and read. Buo] movec that the communication be received and filed and recommendation approved. Seconded by Rabbies. Motion carried 5-0. City Manager recommending purchase of property on Pinarc Street for development of a mini park, presented and read. BuoJ movea that the communication be received and filed. Seconded by Rabbies. Motion carried 5-0. RESOLUTION NO. 77-98 RESOLUTION OF INTENT TO ACQUIRE REAL ESTATE AT 2819 PINARD STREET, IN THE CITY OF DUBUQUE IOWA WHEREAS, the City of Dubuque Is interested in deve~opmeet of a mini ~ark in the 2800 block of Pinard S[ree[: and WHEREAS, acquisition of this property is an appropriate means of achieving this goal; and RESOLUTION NO. 78-98 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR 1996 P.C. CONCRETE PAVING PROJECT #2 INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF, NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CFi'Y OF DUBUQUE, IOWA: That after full consideration of the tinal schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the 1996 P.C. Concrete Paving Project ~2 consisting of the reconatrecflon of Clarke Drive, from West Locust to -{eeb Street. and Heeb Street, from Clarke Drive to West 17th Stree[ under contract with Portzen Construction Company, Inc. of Dubuque, which final plat and schedule were flied in the office of the City Clerk Reqular Sessi0~I MA~[1 ~,-1§98 62. on the 15th day of December, 1997, and an amended schedule filed on February 26, 1998, the said schedule of assessments be and the same is hereby approved and adopted. That there be, and .is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefit[ed by the improvements as shown in the schedule, subject to the provisions ~f Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and ~o~ in excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362.3, the firsl publication of which shall be not more than £fiteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa That esssesments may be paid in full or in part without interest at the office of the County Treasurer, at any time within 30 days after the date of the first publication of this notice of the filing of the final schedule of assessments with the County Treasurer. After 30 days unpaid assessments of $50.00 or more are payable in 10 annual installments and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to the December I next following the due dates of the respective installments as provided in Section 384.65 of the Cede of Iowa. Each installment will be delinquent from October 1 following its due d~e on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 2nd day of March, 1998. Ann E. Michalski, Mayer Pro-Tern Attest MaryA. Davis, City Clerk SCHEDULE OF FINAL ASSEssMENTs CLARKE DRIVE The follov~ng schedule is-hereby determined to show each lot proposed To be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the C~ Council of the City of Dubuque. OWNER DEFICIENOY ASSESS. WATER ~ TOTAl NET ASSESS. SMYTH'S 8UBDIVt810N {M.L.181) DOSER GREG & JACILYN 1-7 $1,433.36 $1,433.36 MINERAL LOT 188 FELDMAN, CHRIS G $1,282.02 $2,161.59 BRADEN JAMES J & BEVERLYJ W. BAL.-1 $50.10 HORSFALL MARY_ 2-2 $979.34 $1,790.47 ZEMAN BRIAN S 2-3 $871.24 $1,697.93 UNGS SUBD~VIS1ON ZEMAN BRIAN S 2-1-17 w/2-3 ML 188 KLOSTERMANN JO ANN 1-1-17 $215.50 FRITSCH, ARNOLD J 2-17 $111.76 FR1TSCH, ARNOLD J %16 W/2-I7 LEE DOROTHYJ 2-16 $19.27 LEE DOROTHYJ 15 W/2-16 MAUSS JOSEPH M & CARRIE B S 52'- 10 $818.22 HOHMANN. JILL A 2- N4.1'-10 $1,240.62 $2,151.79 HOHMANN, JILL A 2-9 W/2-N4.1'-10 PFOHL'S SUBDIVISION MURPHY DAVID J & REBECCA L 1-1 $806.38 $1,833.77 MURPHY DAVID J & REBECCA L 2-2 W/1-1 NEUWOHNER VINCENT J 2-3 $576.36 MINERAL LOT 188 MURPHY DAVID J & REBECCA L 2-1-8 W/1-i NEUWOHNER VINCENT J 1-1-8 W/2-3 DARLAND, DIANNA M 1-9 $860.43 $1,604.66 LIVINGSTON DANA J & CANERIO & GRACIELA 1-10 $795.5751 669.12 MINERAL LOT 190 LIVINGSTON DANA J & CANERIO & GRACIELA 2-1 W/1-19 ML 188 CLARKE COLLEGE PLACE 63 Reqular Session, March 2, 1998 CLARKE COLLEGE 2-1-1 $33,836.55 MINERAL LOT 198 CLARKE COLLEGE 1-2 $391,00 $17.062.64 MINERAL LOT 191 CLARKE COLLEGE 1-3-2 $391.00 $1,806.69 CLARKE CREST ESTATES BLOCK 1 COFFIN ROGER A & DANA L I $2,102.42 WRIGHT RICHARD L 2 $465.99 COSLEY DENNIS J & MARY F 3 $165.25 SHAW KEITH A & GLORIA L 4 $69.98 MINERAL LOT 197 GLAB LOIS D 2-2 $475.55 SOUTHVIEV~/HEIGHTS GLAB LOIS D 23 $896,06 GLAB LOIS D 22 $391.00 $1,306.17 GLAB LOIS D 2 1 $1,130.68 $6.140.94 RAUNER ROBERT E & TRACIA 20 $1,859.48 RAUNER ROBERT E & TRACIA 19 W/L?.0 CULLENS SUBDIVISION RAUNER ROBERT E & TRACJA 2-1~1-1 W/L20 SOUTHVIEW HEIGHTS GONNER JOHN & JACKIE 18 $1,846.69 GONNER JOHN & JACKIE 17 W/L18 DUCCINI THOMAS F & BETH A 16 $1.305.48 $2,466.98 DUCCIN THOMAS F & BETH A W 12' ~ 15 W/L16 KORMANN PL FORTMAN TERRY & IDA I $1,529.50 $2,698.55 FORTMAN TERRY & IDA 2 W/L1 SOUTHV[EW HEIGHTS GONNER, JOHN J & JACKIE L E 1/2- 14 $83_84 $384.61 LITTLETON & SAWYERS ADDITION STACKIS TARA ROSE 1-30 & 31 $1,000.96 $1,809.62 STACKIS TARA ROSE 4-30 & 31 W/L1-30&31 REITER THEORDORE C JR & [MOGENE G 2-30 & 31 $957,72 $1,766.38 REITER THEORDORE C JR & ]MOGENE G 3-30 & 3'W/L2-30&31 FRANSON DAVID J & AMY D 29 $979.34 $2.280.81 FRANSON DAVID J & AMY D ' -28 WfL29 JUNGK JULIUS P & MARGARET M 2-28 $871.24 $2.153.89 JUNGK JULIUS P & MARGARET M 27 W/L2-28 JUNGK JULIUS P & MARGARET M 2-26 W/L2-28 STABENOW PAUL L 1-26 $1,262.24 $2,564.17 STABENOW PAUL L 25 W/L1-26 LE1RMOE CURTIS J & YVONNE I 24 $871.24 $t,648.45 BUSEMAN & EBERL'S SUBD[VISON BOGACZ JOHN A I $871.24 $1,543.63 WERNKE FREDERICKP & BARBARA A 2 $871.24 $1,543.63 HAUPERT CLETUS J & ANNE 3 $672.39 O'HARA DEBORAH A ~ $186.67 O'HARA DEBORAH A 2-5 WIL4 KERKENBUSH BRUCE L 1-5 $129.02 KERKENBUSH BRUCE L 6 W/L1-5 LFPFLETON & SAWYERS ADDITION LORENZ DONALD H & SUSAN M S 125'- 19 $672.39 LESTER DOROTHY L 125'- 18 $936.10 $3,058.71 LESTER DOROTHY L S 125'- 17 W/S125'-18 MCANDREWS HERBERT JOSEPH & ADELINE E S 42'6" N 126'6"- 17, I8 & 19 $165.86 WESTHOFF JAMES J & NANCY J M 42' N 126'6'- 17, 18 & 19 $90.33 ELLIOTT FRANK W & RUTH H N42'N 126'6"- 17, 18&19 $60.12 LESTER DOROTHY L 16 W/S125'-18 LANG RICHARD ASR & LEILANI S 13 $1,327.10 $3.681.20 LANG RICHARD ASR & LEILANI S E 1/2 - 14 W/L13 LANG RICHARD ASR & LEILANI S W 1/2 ~ 14 W/L13 LANG RICHARD ASR & LEILANI S E 1/2 -15 W/L13 LANG RICHARD ASR & LEILANI S W 1/2 - 15 W/L13 LANG RICHARD ASR & LEILANI S 12 $778.14 OAKVVOOD INVESTMENT 11 $1.022.58 $1,800.87 HANSON LORAS J & WICKMAN LINDA A 1051,022.58 $1,800.87 LINK MERALDA KATHLEEN 9 $778.45 SKORUPSKI CHRISTOPHER P & ,(ATHERINE C 8 $936.10 $1.714.55 DEMPSEY DONALD F 7 $1,167.98 DEMPSEY DONALD F W 20' - 6 W/L7 Reqular Session, March 2, 1998 64 DAHL EDWARD J & SHARON L E20'-6 $1,168.13 DAHL EDWARD J & SHARON L - 5 W/E20'-6 DIGMAN BRIAN R 4 $892.86 ' - - $2,450.37 DIGMAN BRIAN R 3 W/L4 SCHROEDER'S ADDITION RUFF PHILIP J & SHIRLEYA 29 $828.00 $1,655.00 RUFF PHILIP J & SHIRLEYA W 6'3"- 28 DUGGAN MARIE & MARY JOAN E 42'4" - 28 $880.88 STEINHAUSER ROBERT J & CYNTHIA M S 60'- 33 $194.07 DAWSON CAROLYN J N 5' - 33 $84.94 DAWSON CAROLYN J S 55' - 30 W/N5'-33 KNOPF JOHNAJR & PAMELA J 27 $655.04 $1,525.82 KNOPF JOHNAJR & PAMELAJ W 1/2 - 25 W/L27 MCDONOUGH JAMES B DEC OF TRS ETAL & MARY 26 $825.77 MCDONOUGH JAMES B DEC OF TRS ETAL & MARY E 1/2 - 25 W/L26 KNOPF JOHN A JR & PAMELA J 24 $153.84 KNOPF JOHN A JR & PAMELA J 23 $85.24 KlSSELL PLACE KRUSER JOHN A & DARLENE $1,527.76 KRUSER JOHN A & DARLENE 2 $202.24 SCHROEDER'S ADDITION HEALY MICHAEL T & SHELLY M 15 $133.03 SCHROEDER ROBERT B 16 $31.29 GARLOW KENNETH, GONZALEZ GLORIA 1-11 $633.42 $1,348.97 MCDONNELL MARK & YOUNG DEBRAE 2-11 $590.1851,302.50 MCDONNELL MARK & YOUNG DEBRA E 1-10 W/L2-11 ARLEN RITA M A/K/A RITA L 2-10 $568.56 $1,293.52 MCDONNELL MARK & YOUNG DEBRA E 2-1-9 WfL2-11 W/L2-11 ARLEN RITA M A/K/A RITA L 2-9 W/L2-10 W/L2-10 MCDONNELL MARK & YOUNG DEBRA E 2-1-1-9 $113.45 DEMOSS RONALD J & SUSAN L 1-1-1-9 $202.09 DEMOSS RONALD J & SUSAN L 1-8 W/L1-1-1-9 ARLEN RITA M A/FJA RITA L 2-1A W/L2-10 ARLEN RITA M .A/FJA RITA L 2-1-1A W/L2-10 HANSELMANN ROGER F & - SUZANNE C 1-1-1A $532.43 ARLEN RITA M A/K/A RITA L 2-1 W/L2-10 ARLEN RITA M A/K/A RITA L 2-2-2-1-1-1 W/L2-10 POWERS JAMES J LAUGESEN TINA J 1-2-2-1-1-1 $722.03 HANSELMANN ROGER F & SUZANNE C 1-2-1-1-1 $880.18 HANSELMANN ROGER F & SUZANNE C 1-1-1-1 W/LI-I~IA MECHANICS ADDITION HANSELMANN ROGER F & SUZANNE C 2-108 W/LI-I-IA COX'S ADDITION GRANT FYLE H & CAROL D 1-117 $784.76 $1,774.70 GRANT LYLE H & CAROL D W 38' - 116 W/L1-117 HINKEL MARY BERBERICH ETAL 12'- 116 $741.52 $1,750.11 HINKEL MARY BERBERICH ETAL 115 W/E12'-116 DELIRE STEPHEN V & TRfClA K 114 $816.52 GOETZlNGER GLADYS M 113 $849.62 $2,492.53 GOETZINGER GLADYS M 112 W/L113 KANE, JEAN R F/FJA STARR, JEAN 111 $825.62 MANTHEY, TIMOTHY C 110 $806.38 · $1;635.23 RUZICKA PAUL F & TERESA A 109 $828.00 $2,386.43 RUZICKA PAUL F & TERESA A 1-108 W/L109 DOMINY, MICHAEL L 2-108 $108.67 CALLAHAN DONALD L 106 $828.00 $1,668.41 AY'ERS ROY105 $828.0051,671.03 BAUER DAVID W & LISA A 104 $845.81 HOGAN BRUCE A & JOD] M 103 $719.90 $1,568.33 PO'FFER RALPH R &ANNE L 102 $391.00 $1,241.90 PO'JEER RALPH R & ANNE L 101 $633.42 $1,486.78 WOLBERS, JOHN C & MONICA M 100 $855.67 FUERST RONALD C 99 $633.42 $1,49t.56 BOYER DEBRA L 98 $860.61 MANTERNAcH, DORIS A A/K/A DORIS A PFAB 97 $633.42 $1,496.34 BROTZMAN LESLIE J &AMYJ 96 $865.08 O'HEA GERALDA&ANN M 65 Regular Session, March 2, 1998 W 1/2 - 95 $719.90 $1,152.90 VANDERMILLEN, MARY ANN & PELLEGRINO. ALICE E 1/2 - 95 $590.18 $1,024.41 FELLER ADELE & JOHN W 94 $600.99 $1,468.69 KORANDA CHARLES L & MARJORIE A 1-93 $926.43 PETESCH KEVIN R ET AL 2-93 $611.80 $1,963.83 MARSH'S ADDITION PETESCH KEVlN R ET AL 2-1-55 W/L2-93 PETESCH KEVIN R ETAL 2-1-1-54 W/L2-93 PETESCH KEVIN R ETAL 1-1-56 W/L2-93 KQRANDA CHARLES L & MARJORIE A 2-1-56 W/L1-93 VIZE. LAWRENCE A & W[DMYER-VIZE, MARGARET A. 1-1-1-54 $1.034.64 VIZE, LAWRENCE A & WIDMYER-VIZE. MARGARET A. VIZE, LAWRENCE A & WIDMYER-VIZE, MARGARET A. DUCHOW FRANKR &ANN L 2-1-54 $568.56 $1,466.78 DUCHOW FRANK R & ANN L 2-55 W/L2-1-54 DENLINGER VIRGIL J & ~!ORMA 3-1-54 $287.50 $2,434.16 DENLINGER VIRGILJ & NORMA 2-53 W/L3-1-54 DENLINGEE VIRGIL J & NORMA W 85' S 1/2 - 52 W/L3-1-54 AREA RESIDENTIAL CARE FOUNDATION E 65' S 1/2 - 52 $1,524.67 AREA RESIDENTIAL CARE FOUNDATION 1-53W/E65" S 1/2-52 LH. LANGWORTHY SUBDIVISION DUCHOW FRANK R & ANN L 3-21 W/L2-1-54 DENLINGER VIRGIL J & NORMA 2-20 W/L3-1-54 DENLINGER VIRGILJ & NORMA 2-21 W/L3~1-54 AREA RESIDENTIAL CARE FOUNDATION 1-20 W/E 65' S 1/2 - 52 AREA RESIDENTIAL CARE FOUNDATION 1-21 W/E 65' S 1/2 - 52 BERTOLINI TONIO & ANGELINAA 22 $3.086.81 BERTOLINI TONIO & ANGELINA A 23 W~L22 BERTOLIN TON[O & ANGELINA A N 46' - 25 W/L22 KLEIN JAMES S2'-25 $201.32 KLEIN JAMES N 46' - 26 W/S2'-25 STROW ANTHONY D S 2' - 26 $121.62 STROW ANTHONY D 27. W/S2'-26 MARSH'S ADDITION BOFFEL] LINDA L 2-1-CL 678 & 2-54 W/L2-1 -l-CL678&2-54 BOFFELI LINDA L 2-1-1~CL 678 & 2-54 $784.76 $2,602.47 CHAPPELL JAMES THOMAS 1-1-1-1-CL 678 & 2-54 $901.30 COX'S ADDITION FEEHAN, JAMES N & SANDRA A 1-92 $1,027.24 FEEHAN, JAMES N & SANDRA A 1-91 W/L1-92 LEITNER JAMES A & WERTZBERGER MARGARET M 2-92 $270.38 LEITNER JAMES A & WERTZBERGER MARGARET M 2-91 W/L2-92 FEEHAN JAMES NOLAN E 1/2 - 51 $245.25 FEEHAN JAMES NOLAN 130,5'- 50 W/L 1/2-51 DELIRE, S VANCE & TRICIA E 131' - 49 $69.21 BRODERICK JOSEPH L & BETH A 90 $952.79 KENNEDY CHRISTOPHER M 1-89 $902.69 BEHNKE DF-ANNE E 1-88 $763.14 $1,674.92 GABRIELLESCHI ELLEN P 87 $914.25 LOEWEN FLORENCE E & ALBERT L 86 $1,154.14 $2_068.85 COOHEY JAMES L & ELIZABETH R 85 $1~841.14 COOHEY JAMES L & ELIZABETH R 84 W/L85 LYNCH MARY JANE 2-83 $464.14 STOCK JAMES W & NANCY S 1-83 $465.06 STOCK JAMES W & NANCY S 2-82 $465.83 KRUPICKA JOHN N & MARYANN L 1-82 $466.76 GROSS. SUSAN A 2-81 $467.53 SLADKY, JON S & ROSEMARY 1-81 $468.15 SNIDER BURDETTE 80 $741.52 $1.677.20 REINERT FRANKB & BEVERLYJ 79 $611.80 $1,550.25 KBRKER CHAD E & AUDREY A 78 $590.18 $1,531.41 UNGS, JOSEPH W & KELLY 1-77 $755.02 MARXEN DONALD J & JANET K 2-77 $1,135_91 Reqular Se~iSfi, ~t~h ~, t998 66 MARXEN DONALD J & JANET K 76 W/L2-77 BANDY CLAUDE'i-FE C 75 $1,234.57 BANDY CLAUDE-J-FE C E 15' ~ 74 · W/L75 LANG RICHARD A & LEILANI S W 35' - 74 $666.38 MARKUS RONALD J JR & BARBARA J 73 $546.94 $1,500.81 BUETTELLS SUBDIVISION R E Y E 4~ IRMA E $391.00 $1,239.89 REYES IRMA E 1-3 $442.87 REYES IRMA E 2-3 $307.83 WINTER CLETUSJ 1 $1,147.32 LANGE JEFFREY W & SUSAN M 2 $413.89 BITT]NGER RAYMOND E & JOAN C 5 $290.41 WEICHEL WILLIAM J 6 $225.98 WEICHEL WILLIAM J 7 $105.28 CITY OF DUBUQUE R.O.W. @ FOYE ST. (WALL) $617.98 CITY OF DUBUQUE R.O.W. @ FOYE ST. (WALL) $21.85 J. P. PORTER'S ADDITION BFF~INGER RAYMOND E & JOAN C BAL. - 11 $329.88 BI] FINGER RAYMOND E & JOAN C E 5' - 10 W/BAL-11 DECOVIS LILLIAN A W 45' ~ 10 $450.88 MCMAHON CECILIA M 9 $514.39 GLADWIN KEVIN N 70' - 8 $828.00 $1,649.48 CHAFFEE FRANCIS L & FUERST ROBIN M 7 $828.00 $1,440.74 HAAKINSON TREVOR W & BALIUS - HAAKINSON CONNIE S N 75' - 6 $784.76 $1,397.50 WATHEN JACK J & NET-FiE E 5 $763.14 $1,375.88 MEYER THEODORE J 4 $763.14 $1,375.88 CATE CHARLES ALAN & REBECCA LYNN 3 $806.38 $1,419.12 MANTERNACH KATHRYN M 2 $816.37 LI%I-LETON & SAVVYERS ADDITION KIEFFER EARL V & BERNICE F 63 $956.95 SMITH RANDY E & JULIE M N. BAL.- 62 $763.1451,532.03 MARFILIUS RON D & DARLENE D S. BAL. - 62 OR S. 50' - 62 $91.41 HELLING JAMES A & LAURIE A 2 - 60 & 61 $676.66 $1,918.01 HELLING JAMES A & LAURIE A 1 - 60 & 61 W/L2-60&61 OBERFOELL JOSEPH P & RHONDA D 3-60&61 $109.29 SMITH RANDY E & JULIE M 2 - 4 - 60 & 61 W/N.BAL62 HEINZ ROBERT G & MARILYN I - 4 - 60 & 61 $89.41 MARFILIUS RON D & DARLENE D · 5 - 60 & 61 W/S.BAL62/S50'-62 BAKEY, LINDA ANN 58 $698.28 $1,465.63 VONDAL JOHN J & DEBRA J 57 $633.42 $1,401.08 ZARTMAN BRETT A & CAROL L 56 $676.66 $1,444.62 BRADLEY, SEAN J & ELIZABETH J 55 $676.66 $1,444.93 GLYNN NORMA M 54 $768.58 MARTY, MARK O & ROBIN L 53 $775.05 MARTY, MARK O & ROBIN L E 4" - 52 W/L53 KAUFMANN PAULJ W 39'8" - 52 $611.80 $1,374.37 KAPPAROS MARILYN L 51 $769.35 KAPPAROS MARILYN L 50 $391.00 $1,930.63 KAPPAROS MARILYN L 49 W/L50 MCCANN JOHN LINN SR 48 $770.28 KLEINER DEBORAH A 47 $770.43 BROADWELL KENNETH E & MARY R 46 $770.74 BROADWELL KENNETH E & MARY R 45 $771.05 SWEENEY KATHLEEN M 44 $391.00 $1,162.36 SWEENEY KATHLEEN M 43 $741.52 $1,802.67 SWEENEY KATHLEEN M E 15' - 42 W/L43 FAWNVIEW PLACE KLAUER JOHN P & JEANNE M FAWNVIEW PLACE $741.52 $1,996.28 LITTLETON & SAWYERS ADDITION LYONS DIXIE 40 $763.14 $1,535~57 WELU ERIC J 39 $772.74 PETESCH CURT A & JOLENE M 38 $1,175.76 $2,722~17 PETESCH CURTA& JOLENE M 37 W/L38 BROCKWAY DUNCAN 36 $763.14 $1,536 65 RUDEN TIMOTHY J & DEBORAH C 35 $773 82 ALTHAUS GENE M 34 $698.28 $1,472.41 CLANCY RONALD E & cHRISTINE M 33 $774.28 C _I~,NCY RONALD E & CHRISTINE M $826.69 CLANCY RONALD E & CHRISTINE M 67 Regular Session, March 2, 1998 E 4'7" - N 243'9" - 2-2 PT ML 193 W/L32 KORMAN JOSEPH.D JR & SUSAN B W 50' - N 243'9" -2-2 PT ML 193 $655.04 $1,623.24 SMITH, CYNTHIA L 13 $391.00 $2,313.84 SMITH. CYNTHIA L 1-12 W/L13 GODSEY CLIFFORD C & BEVERLYA 1-11 $676.66 $2.607.67 GODSEY CLIFFORD C & BEVERLY A 1-10 W/L1-11 SOUTHVIEW HEIGHTS BROESSEL KIRK J 1-9 $1,089.28 $3.036.94 BROESSEL KIRK J 1-8 W/L1-9 BROESSEL KIRK J 1-7 $391.00 $1.370.92 MOSIMAN STEVEN E & DELORES J %8 $1,971.09 MOSIMAN STEVEN E & DELORES J 1-5 W/L1-6 ZMUDAK MARY JO ANN 2-4 $784.76 $1,825.41 ZMUDAK MARY JO ANN 1-.4 $18&52 ZMUDAK MARY JO ANN 2-3 W/L2-4 WESSELS MARK E 1-3 $756.09 WESSELS MARK E 2 $996.26 WESSELS MARK E I $996.26 CLARKE COLLEGE PLACE CLARKE COLLEGE 1-1-1-1-1-2 $44,811.73 CLARKE COLLEGE 2-1-1-: -2 W/L1-1-1-1-1-2 CLARKE COLLEGE 2-1-1-2 W/L1-%1-1-1-2 CLARKE COLLEGE 1-2-1-2 $8,083.67 CLARKE COLLEGE 2~2-1-2 W/L1-2-1-2 CLARKE COLLEGE 2-2 $5,143.79 L.H. LANGWORTH~S SUBDIVISION CFS L.H. 16 $1,392.11 VERDICK LARRY C 17 $427.45 VANA BEVERLY J L.H. I8 $236.00 RANSDELL MARK E S 1/2- 19 $67.82 BREITBACH SUZANNEJ & WILLIAM M JR N 112 - 19 $50.10 MARSH'S ADDITION MC DONALD, DANIEL G & MICHELLE L. 16 $106.67 MC DONALD. DANIEL G & MICHELLE L. S 12'4"- 17 W/L16 L.H. LANGWORTHY SUB CFS W28'7"- 15 W/L16 HORSFALL, DOUGLAS & THOMA,, RICHARD E 65'- 15 $525.32 $1,439.42 CFS W287"- 14 W/W28'7"L15 KUNZ LEE W & MICHELLE ANDERSON-KUNZ E 66'- 14 $546.94 $878.05 SAMLASKA JOYCE C & BOLKE LON B 13 $381.98 SAMLASKA JOYCE C & BOLKE LON B S 1/2- 12 W/L13 RICHARD ROBERT J & MARIE 2-11 &N 1/2- 12 $78.31 RANSDELL MARK E 3-11 & N 1/2- 12 $8.63 RICHARD ROBERTJ & MARIE 1-11 & N 1/2 ~ 12 $52.87 RICHARD ROBERT J & MARIE 4~11 & N 1/2 - 12 W/L2-11&N1/2-12 DAYDREAM FARMS INC 2-5 $568.56 $1,408.20 BEADLE BRIAN R & KATHY L 2-6 $157.23 FINN JOHN L 1-1-5 $287.50 $1,567.23 DAYDREAM FARMS INC 2-1-5 W/L2-5 BEADLE BRIAN R & KATHY L 3-6 W/L2-6 BEADLE BRIAN R & KATHY L 1-6 $661.45 BEADLE BRIAN R & KATHYL 2-7 $119.00 MAHER JAMES J & BARBARA J 1-7 $285.94 MAHER JAMES J & BARBARA J f S 10'~8 W/L1-7 ] CAVANAUGH STEVEN JOHN ! S 58'- N 60'-8 $136.73 ! MAUS JOSEPH W & LOUIS J I N2'-N60'-8 W/L9 MAUS JOSEPH W & LOUIS J 9 $104.82 SAWVELL MICHAEL J & VICTORIA L N BAL- 11- CL 438 & CL 439 & E PT CL 676 ~ WRV80'-8-CL438 &439&EPTCL676 t SAWVELL MICHAEL J & VICTORIA L ] W80'- 8- CL 438 & CL 439 & E PT ! CL676 $1,,234.11 /ALLLEN JON M W1/2 - S30-7- CL ~438 & CL 439 & E PT CL 676 $302.13 ALLLEN JON M W1/2-N34'-7- CL 438 & CL 439 & E PT CL 676 $112.44 $130 8' DEEDED TO CITY FOR ALLEY ' ' S 6'-11- CL 438 & CL 439 & E PT CL 676 $67.05 MOLO OIL COMPANY 1 CL 675 $449.44 KRUSE EDWARD & KATHLEEN N 16" - 2- CL 675 $12.73 KRUSE EDWARD & KATHLEEN Reqular SeSslon; M~rCh 2, 1998 68 S BAL- 2- CL 675 $427.71 KRUSE EDWARD & KATHLEEN N 27' 8" - 3- CL 675 $29&93 KRUSE EDWARD & KATHLEEN N 1'9"- S 15' 8"- 3- CL 675 - W/N27'8"-3-CL 675 RJ REALTY C/O COMPUTER DOCTORS S 13'11"- S 15'8"-3- CL 675 $314.21 RJ REALTY C/O COMPUTER DOCTORS N 17'-4- CL 675 W/S13"11"-S15'8"-3-CL 675 RJ REALTY C/O COMPUTER DOCTORS S BAL-4- CL 675 $233.80 RJ REALTY C/O COMPUTER DOCTORS N 37' - 5- CL 675 $375.95 STOVER, GREGORY J S 38' - 5- CL675 $386.13 WELU DAVID J & CAROLE S N 38'2" - 6- CL 675 $387.83 KENNEDY CENTRAL AVENUE PLACE KAMP, ANTHONYJ 1 $241.44 KAMP, ANTHONY J A $181.88 ORIGINAL TOWN POWER OF PRAYER INC. C/O GERALD W TRIMBLE 1-7- CL 675 W/L4 CL 674 DEUTSCH WAYNE A JR 2-7- CL 675 $1,929.47 POWER OF PRAYER iNC. C/O GERALD W TRIMBLE 4- CL 674 $5,606.72 CENTER FOR PUBLIC MINISTRY INC 2-2-3- CL 674 $69.98 POWER OF PRAYER iNC. C/O GERALD W TRIMBLE 1-2-3- CL 674 W/L1-7 CL 675 CITY OF DUBUQUE 5- CL 674 $1,462.20 M. A. REBMAN'S SUBDIVISION DELtRE S VANCE & TRIClA K 1 $664.68 ST JOAN ROBYN MARY 2 $447.95 DUNCAN'S SUBDIVISION o'Fr JAMES M & JACK THERESA A %1-2 $1,420.93 KEENAN KATHRYN L 1 $630.16 KEENAN KATHRYN L 2-2 W/L1 BORCHERT EDWARD T & LISA M 2-1-2 $872.48 L.H. LANGWORTHY SUBDIVISION ClT'¢ OF DUBUQUE 3-3 W/LS-CL674 CFP¢ OF DUBUQUE 1-1-2 W/L5-CL674 LEPERT, MARGUERITE E 2-1-2 $1,022.46 LEPERT, MARGUERFi-E E 2-2 W/L2-1-2 TJARKS, DAVID L & CONSTANCE K 24 $2,008.54 TJARKS~ DAVID L & CONSTANCE K 1 W/L24 LUKSETICH JAMES J & PA'FrlE S 36 $633,55 ROLWES DENNIS N & DEBRAJ 35 $373.19 CITY OF DUBUQUE 34 W/L5-CL674 CITY OF DUBUQUE 33 W/L5.CL674 CITY OF DUBUQUE 32 W/L5-CL674 TOTAL DEFICIENCY ASSESS. 196.28 TOTAL WATER SERVICE ASSESS. 69,236.67 TOTAL NET ASSESSMENTS: 365,198.73 Buol moved adop~on of the Resolution. Seconded by Robbins. Motion carded 5-0. City Manager requesting second reading be given on Ordinance regarding Stout Place Urban Revitalization Area Plan, presente8 and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded 5-0. An Ordinance Establishing the Stout Place Urban Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 ofthe Code of Iowa. (first reading only given on 1-19-98), ~resented and read. Buol moved that this be the second reading of the Ordinance. Seconded by Robbins. Motion carried 5-0. City Manager recommending approval for execution of Tax Exemption Certificate: and Continuing Disclosure Ced~cate regarding Issuance of $2,515,000 Parking Revenue Refunding Capital Loan Notes, Series 1998, presented and read. Buo[ moved that the communication be received and filed. Seconded by Robbins. Mo'don carried 5-0. RESOLUTION NO. 79-98 A RESOLUTION APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $2,515,000 PARKING REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 1998, OF THE Regular Session, March 2, 1998 CITY OF DUBUQUE, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID NOTES ' WHEREAS, the City Council of the City of Dubuque, Iowa, sometimes hereinafter referred to as the "Issuer", has heretofore established charges, rates and rentals for services which are and will continue to be collected as system revenues of the Municipal Parking System, sometimes hereinafter referred to as the "System", and said revenues are available for the payment of Parking Revenue Refunding Capital Loan Notes, Sedes 1998, subject to the following premises; and WHEREAS,. Issuer proposes to issue As Parking Revenue Refunding Capital Loan Notes, Series 1998, to the extent of $2,515,000, for the purpose of defraying the costs of the project as set forth in Section 4 of this Resolution; aha, it is deemed necessary and advisable and ~n the best interests of the CH that a form of Loan Agreement be approved and authorized; and WHEREAS, the notice of intention of Issuer to take action for the issuance of not to exceed $2,800,000 Parking Revenue Capital Loan Note.., Series 1998, has heretofore been dui,/ published and no objections to such proposed action have been filed: NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that: Section 1. Defin~ons. The following terms snail have the following meanings in this Resolution unless the rex'[ expressly or by necessary implication requires otherwise: "Additional Obligations" shall mean any parking revenue notes or bonds issued on a parity with the Notes in accordance with the provisions of this Resolution. "Beneficial Owner" shall mean, whenever used with respect to a Note, the person in whose name such Note is recorded as the beneficial owner of such Note by a Participant on the recores of such Pa~cipant or such person's subregee. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with 'espect to the Notes. "Clerk" shall mean the Clerk or such other officer of the successor Governing Body as shall be charged with substantially the same duties and resoonsibilities. "Continuing Disclosure CeYdtic~e" shall mean that certain Continuing Disclosure Ceffiflca[e executed by the Issuer and dated the date of issuance and delivery of the Notes, as originally executed and as it may be amended from time to time in accordance with the terms thereof. "DTC" shall mean The Depository Trust Company, a New York corporation, New York, New York. "Fiscal Year" shall mean the twelve- month period beginning on July 1 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 Boay or by law as the official accounting pedod of the System. Requirements of a Fiscal Year as expressed in this Resolution shall exclude any payment of principal or interesl falling due on the ~mt day of the Fiscal Year and include any payment of Drincipal or interest falling due on the flint day of the succeeding Fiscal Year. "Governing Body'' shall mean the City Council of the CH, or its successor in function with respect to the operation and control of the System. "Independent Auditor" shall mean an independent firm of Cer~ed Public Accountams or the Auditor of State. "Issuer" and "City" shall mean the City of Dubuque, iowa. "Loan Agreement" shatl mean a Loan Agreement between the Issuer and a lender or lenders in substantially the form attached to and approved by this Resolution. "Net Revenues" shall mean gross earnings including rentals, lease payments, parking fees, ove~me parking fees, and parking charges of any kind of the system after deductio~ of current expenses; "Current expenses" shall mean and include for all off-street parking facilities the reasonable and necessary cost of operating, maintaining, repaHng and insuring such facilities, salaries, wages, costs and materials and supplies; (2) for ail on-street parking meters, the repair and replacement of parking meters, salaries and wages of meter maids, meter repair and collection personnel; "Notes" shall mean $2,515,000 Parking Revenue Refunding Caoita[ Loan Notes Series 1998. authorizedto be issued by this Resolution. "Notice of Sa[e" shall mean the official Notice of Sale as published or February 12, 1998. Re,clular Session~ March 2, 1998 70 "Original Purchase¢' shall mean the purchaser of the Notes from issuer at the time of their original issuance. - "Parity Obligations" shall mean parking revenue notes, bonds or othe obligations payable solely from the Net Revenues of the System on an equal basis with the Notes herein authodze¢ to be issued, and shall include "Additional ObligaIJons" as authorized to be issued under the terms of this Ressiation. "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Notes as securities depository. "Paying Agenf' shall mean Norwest Bank iowa, N.A., or such successor as may be approved by issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's Agent to provide for the payment of principal of and interest on the Notes as the same shall become due. "Permitted Investments" shall mean: · direct obligations of (including obligations issued or held in book entry ferm on the books of) the Department of the Treasury of the United States of America; · cash (insured at all times bythe Federal Deposit Insurance Corporation or otherwise collatereiized with obligations described in the above paragraph); · obligations ofanyofthefollowing federal agencies which obligations represent full faith and credit of the United States of Amedca, including: Export- Import Bank Farm Credit System Financial Assistance Corporation USDA - Rural Development General Services Administration U.S. Maridme Administration Small Business Administration Government National Mortgage Association (GNMA) U.S. Department of Housing & Urban Development (PHA's) Federal Housing Administration · repurchase agreements whose underlying collateral consists of the investments set out above if the Issuer takes delivery of the collateral either directly or through an authorized custodian. Repurchase agreements do not include reverse repurchase agreements; · senior debt obligations rated "AAA" by Standard & PooCs Corporation (S&P) or "Aaa" by Moody's Investors Service Inc. (Moody's) issued by the Federal National Mortgage Association or the Federal Ueme Loan Mortgage Corporation; · U.S. dollar denominated deposit accounts, federal funds and banker's acceptances with domestic commerciei banks which have a rafing on their short-tarm certificates of deposit on the date of purchase of "A-I" or "A~I+" by S&P or "P-I" by Moody's and maturing no more than 360 days after the date of purchase (ratings on holding companies are not considered as the rating of the bank); · commercial paper which is rated at the time of purchase in the single highest classification, "A-l+" by S&P or "P-l" by Moody's and which matures not more than 270 days after the date of purcha.se; · investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P; · pre-refunded': municipal obligations defined as any bonds or other obligations of any state of the United States of Amedca or of any agency, instrumentality or local governmental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the nctce; and la) which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the highest rating category of S&P or Moody's or any successors thereto; or (b)(I) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consictng only of cash or direct obligations of the Department of the Treasury of the United States of Amedca; which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates )ursuant to such ~ irrevocable instructtions, as appropriate; and (ii) which escrow is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the matudty date or dates specified in the irrevocable instructions referred to above, as appropriate; · tax exempt bonds as defined and )ermltted by section t48 of the Internal Revenue Code and applicable regulations and only if rated within the 71 Regular Session, March 2, 1998 two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code . of Iowa · an investment contract rated within the two highest classifications as established by at least one of the standard rafing services approved by the superintendent of banking by rule adopted ~umuant to chapter 17A Code of iowa; and · iowa Public Agency Investment Trust. "Project Fund or Construction Account" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the' Notes. "Registrar" shall mean Norwes[ Bank Iowa, N.A. of Des Moines, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herei~ with respect to maintaining a register of the owners of the Notes. Unless otherwise specified, the Registrar shall aisc act as Transfer ?-Agent for the Notes. "Representation Letter'' shall mean the Blanket Issuer Letter of ~ Representations from the Issuer to DTC, with respect to the Notes. "Reserve Fund Requirement" shall mean an amount equal to the lesser of (a) the maximum annual amount of the principal and interest coming due on the Notes and =arity Obligations; (b) 10% of the stated principal amount of the Notes and Parity Obligations or (c) 125% of the average annual principal and interest coming due on the Notes. For purposes of this definition: (1) "issue pdce" shall be substJtatad for "stated principal amount" for issues with original issue discount or odgina( issue premium of more than a de minimus amount and (2) stated principal amount shall not include any portion of an issue refunded or advance refunded by a subsequent issue. "System" shall mean me parking revenue system of the City including "off-street parking" as hereinafter described and "on-strest parking" including parking meters located on and along me City's streets and all properties acquired or to be acquired from revenues of the system or made a part thereof by Council resolutisn. For purposes of this Resolution ant unless amended by the City CouncL. the system rs presently made up and comprised of the following: I Iowa Street Locust Street and Fifth Street Parking Ramps; seven metered Icts; four non-meterec lots and approximately 1,437 on-streeT metered parking spaces; provided, however, that the City may from time to time by resolution lend or lease to the parking system for temporary use additional lands or lots which may be available for temporary use as parking. Such temporary land or lots may be withdrawn from the system by Council resolution irreseective of the prowsions of Section 16(f) of this Resolution which provisions limit and restrict the manner of disposition of property comprising the system; "Tax Exemption CerlJficate" shall mean the Tax Exemption CeCdflcate executed by the Treasurer and delivered at the time of issuance and delivery of the Notes. "Treasurer" shall mean the Finance Director or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Notes issued hereunder. "Yield Restricted" shall mean required to be invested at a yield that is not materially higher than the yield on the Notes under section 148 (a) of the Internal Revenue Code or regulations issued thereunder. Sectie~ 2. Authority. The Loan Agreement and the Notes authorized ~y this Resolution shall be issued ~ursuant to Sections 384.24A and 384.82. of the City Code of Iowa, and in compliance with all applicable provisions of the Cons~ution and laws of the State of iowa. The Loaf Agreement shall be substantially in the form attached to '[his Resolution and is authorized to be executed and issued on behalf of the ssuer by the Mayor and attested by the City Clerk. Section 3. Authorization ahd Purpose.- There are hereby authorized to be issueo, negotiable, serial, fully registered Revenue Notes of the City of Dubuque, in the County of Dubuque, State of Iowa, in the aggregate amount of $2,515,000, [or the purpose of paying costs of refunding outstanding parking revenue indebtedness of the Cffy. Section 4. Source of Pavmenf. The Notes herein authorized and Parity Notes and Bonds and the interest thereon shall be payable solely and · amy ou~ of the net earnings of the System and shall be a first lien on the Reqular Ses~i°n; ~arcJi ~i ~ 998 77 future Net Revenues of the System. The Notes shall not be general obligations of the Issuer nor shall they be payable in any manner by taxation and the Issuer shall be in no manner liable by reason of the failure of the said net revenues to be suffcient for the payment of the Notes. Section 5. Note Details. Parking Revenue Refunding Capital Loan Notes, Sedes 1998, of the City in the amount of $2,515,000, shall be issued to evidence the obligations of the Issuer under the Loan Agreement pursuant to the provisions of Sections 384.24A and 384.82 of the City Code of Iowa for the aforesaid purpose. The Nates shall be designated "PARKING REVENUE REFUNDING CAPITAL LOAN NOTE, SERIES 1998", be dated March 1, 1998, and bear interest from the date thereof, until payment thereof, at the offce of the Paying Agent, said interest payable on May 1, 1998, and semiannually thereafter on the 1st day of November and May in each year until maturity at the rates hereinafter provided. The Notes shall be executed bythe manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the City Clerk, and impressed or printed with the seat 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 Note. The Notes shall be in the denomination of $5,000 or multiples thereof. Said Notes shsil mature and bear interest as follows: Interest Principal Maturity Rate Amount May 1st 3.60% $155,000 1998 3.85% 150,000 1999 4.00% 155,000 2000 4.10% 165,000 2001 4.20% 170,000 2002 4.30% 180,000 2003 4.40% 190,000 2004 4.50% 200,000 2005 4.55% 210,000 2006 4.60% 220,000 2007 4.65% 230,000 2008 4.70% 240,000 2009 4.75% 250,000 2010 Section 6. Redemr~i~n. Notes maturing after May 1, 2006, may be called for redemption by the issuer and paid before matudty on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in pad:; in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of ca~L Thirty days' notice of redemption shall be given by ordinary mail to the registered owner of the Note. Failure to give such notice by mail to any registered owner of the Nates or any defect therein shall not affect the validity of any proceedings for the redemption of the Notes. Ail Notes or )ortJons thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at ;[he place of payment. if selection by lot within a maturity is required, the Registrar shall designate the Notes to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Notes to be called has been reached. Section 6.1. DTC - Reoistrafigf3. All of the Notes shall be registered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Note registered in the name of Cede & Co. shall be made by wire ~Tansfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Notes at the address indicated in or pursuant to the Representation Letter. Section 6.2. The Notes shall be initially issued in the form of separate single authenticated fully registered Notes in the amount of each separate stated maturity of the Notes. Upon inidal issuance, the ownership of such Notes shall be registered in the registry books kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer maytreat DTC (or its nominee) as the sole and exclusive owner of the Notes registered in its name for the purposes of payment of the principal or redemption price of or interest on the Notes, selecting the Notes or portions thereof to be redeemed, gMng any notice permitted or required to be given to registered owners of Notes under the Resolution of the issuer, registering the transfer of Notes, obtaining any consent or other action to be taken by registered owners of the Notes and for all other purposes whatsoever; and neither the Paying Agent and Registrar nor the Issuer shall be affected by any notice to the contrary. Neither the 73 Regular Session, March 2, 1998 Paying Agent and Registrar nor the Issuer shall nave any respons~bili~' or obligation to any- Par~cipant, any person claiming a beneficial ownership interest in the Notes under or through DTC or any Participant, or any other person which is not shown on the registration books of the Paying Agent and Registrar as being a registerec owner of any Notes, with respect to the accuracy of any records maintained by DTC or any Participant; with respect to the payment by DTC or any Participant of any amount m respect of the princioal or redemption price of or interest on the Notes, with respect to any notice which is permitted or required to be given to owners of Notes under the Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Notes, or with respect to any consent given or other action taken by DTC as registered owner of the Notes The Paying Agent and Registrar shall pay ali principal of and premium, if any, and interest on the Notes only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satJsf~ and discharge the Issuer's obligations with respect to the principal of and premium, if any, and interest on the Notes to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticatec Note for each separate stated maturity evidencing the obligation of the Issuer to m~ke payments of principal of and premium, if any, and interest Upon delivery by DTC to the Paying Agent and Registrar of written notice to the effect that DTC has determined to substitute a new nominee m place of Cede & Co., the Notes will be transferable to such new nominee in accordance with Section 6.7 hereof. Section 6.3. In the evant the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Note certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify me Participants, of the availabili~ through DTC of Note certificates. In such event, the Notes will be transferable in accordance with Section 6.7 hereof. DTC may eetermine [o discontinue providing its seP/ices with respect to the Notes at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities with respect thereto under applicable law In such evem the Notes witl be transferable in accordance with Section 6.7 hereof Sec~on 6.4. Notwithstanding any other provision oftbe Resolution to the contrary, so long as any Note is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the pnncipal of and premium, if any, and interest on such Note and all notices with respect to such Note shal! be made and given, respectively to DTC as provided in the Representation letter. Section 6.5. In connection with any notice or other communication to be provided to Notaholders by the issuer or the Paying Agent and Registrar with respect to any consent or other action to be taken by Notaholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for such consent or other action and give DTC notice of such record date not less than 15 calendar days in advance of such record date to the extent possible. Notice to DTC shall be given only when DTC is the sole Noteholoer. Section 6.6. The execution and delivery of the Blanket Issuer Letter of Representations to DTC by the issuer, in the form presented at this meeting with such changes, omissions, insertions and revisions as the Mayor shall deem advisable is hereby authorized and execution of the Blanket Issuer Letter of Representations by the =inance Director shall be conclusive evidence of such approval. The Blanket issuer Letter of Representations shall set forth certain matters with respect to, among other things, notices, consents and approvals by Noteholders and payments on the Notes. Section 6.7. in the event that any transfer or exchange of the Notes is permitted under Section 6.2 or 6.3 hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar from the registered owners thereof of the Notes to be transferred or exchanged aha appropriate instruments of transfer to the permitted transferee. I~ the even[ Note cedificatas are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Notes. or other securities depository as he[der of aB the Notes, the provisions of the Resolutioc shall also apply to, among other things, the printing of such ceriificatas and the method of payment of princieal of and interes! on .qular Session, March 2i 1998 74 such certificates. Section 6.8. The officers of the Issuer are hereby authorized and directed to prepare and furnish to said pumhaeer, and to the attorneys approving the legality of said Notes, codified copies of such proceedings, ordinances, resolutions and records and all such cerifficates and affidavits and other instruments as may be required to evidence the tegality and marketab~ity of said Notes, and all certJtied copies, certificates, affidavits and other instruments so furnished; including any heretofore furnished, shall constitute representations of the Issuer as to the correctness of all facts stated or recited therein. Section 7. Reoistration of Notes; Aeeointment of Reoisfmr~ Transfer; Ownershio: Delivery: and Cancellation. la) Registration. The ownership of Notes may be transferred only by the maMng of an entry upon the books kept for the registration and transfer of ownership of the Notes, and in no other way. Norwest Bank Iowa, N.A. is hereby appointed as Note Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer tiled herew~h which is mede a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Notes for the payment of principal of and interest on the Notes as provided in this Resolution. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial Code subject to the provisions for registration and transfer contained in the Notes and in this Resolution. lb) Transfer. The ownership of any Note may be transferred only upon the Registration Books kept for the registration and transfer of Notes and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple indMduais, of all such transferees). In the event that the address of the registered owner of a Note (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 informat/on pertaining to' the registered owner required above. Upon the transfer of any such Nate; a new fully registered Note, of any denomination or denominations permitted by this Rssalution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Note, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Reeistration of Transferred Notes. In all cases of the transfer of the Notes, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Notes, in accordance with the provisions of this Rssolutio~. (d) Owner~hip. As to any Note, the ~erson 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 Notes and the premium, if any, and interest thereon shall be made only to er upon the order of the registered owner thereof or his legal representative. Ail such payments shall be valid and effectual to satisfy and discharge the liability upon such Note, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. Ail Notes which have been redeemed shall not be reissued but shall be cancaled by the Registrar. Ail Notes which are cancelled by the Registrar shall be destroyed and a Certificate of the destruction thereof shall be furnished promptly to the Issuer;, provided that if the issuer shall so direct, the Registrar shall forward the cancelled Notes to the Issuer. (f) Jqon-Presentment of Notes. In the event any payment check representing payment of principal of or interest on the Notes is returned to the Paying Agent or if any note is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Notes 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 Notes shall forthwith cease, terminate and be complately discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest 75 Regular Session, March 2, 1998 thereon, for the benetit of the owner of such Notes who shall thereafter be restricted exclusively-to such funds for any claim of whatever nature on his part under this Resolution or or. or with respect to, such interest or Notes. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or pnncipal became due, whether at maturity, or at the date tixed for redemption thereof, or otherwise, at which time the Paying Agent shaJl surrender any remaining funds so held To the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Notes of whatever nature shall be made upon the Issuer. ' (gl Rec~istrafion and Transfer Fees, The Registrar may furnish to each owner, at the issuer's expense, one note for each annual maturity. The Registrar shall furnish additional Notes in lesser denominations (but not less than the minimum denomination) to an owner who so requests Section 8. Reis.mranca of Mutilated Destroyed. Staten or Lost NotCh. In case any outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the reouest of Registrar authenticate and deliver a hew Note of like tenor and amoum as the Note so mutilated. destroyed, stolen or lost, in exchange and substitution for such mutilated Note to Registrar, upon surrenoer of such mutilated Note, or in lieu of and substitution for the Note destroyed, stolen o~ lost, upon filing with the Registrar evidence satisfactory to the Registrar and ssuer that such Note has been destroyed, stolen or lost and proof of ownership thereof and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe end paying such e.~[~enses as the issuer may incur m connection therewith. Section 9. Record Date. Payments of principal and interest, otherwise than upon full redemp~on, made in respect of any Note, 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. A~l such payments shall fully discharge the obligations of the ssuer in resoec~ of such ~lotes to the extent of the cayments so made. Payment of principal shall only be m de upon surrender of the Note to the Paying Agent. Section - 10. Execution, Authentir:ation and Delivery of the Notes. Upon the adoption of this Resolution. the Mayor and Clerk shall execute and deliver the Notes to the Registrar,-who shall authenticate the Notes and deliver the same to or upon order of the Original Purchaser. No Note shall be valid or obligatory for any purpose or shall be enDJed to any right or benefit hereunder unless the Registrar shall duly endorse ann execute on such Note a Cedfficate of Authentication substantially in the form ofthe Certificate herein set forth. Such Certificate upon any Note executed on behalf of the Issuer shall be conclusive evidence that the Note so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Notes shall be authenticated and delivered by the Registrar, unless and until there shall have been provided the following: · A certified copy of the resolution of Issuer approving the execution of a Loan Agreement and a copy of the Loan Agreement; · A writren order of Issuer signed by the Finance Director directing the authentication and delivery of the Notes zo or upon the order of the Original Purchaser upon Daymen[ of the purchase price as set forth therein; = The approving opinion of Ahlers. Cooney, Doweller, Haynie, Smith & Allbee, P.C., Bond Counsel, concerning the validity and legality of all the Notes proposed to be issued. Section 11. Riqht to Name Substitute Pavfnn Anent or Registrar. Issuer reserves the right to name a substitute,- successor Registrar or Paying Agent upon giving prompt written notice to each registered Notehoider Section 12. Form of Note. Notes shall be printed in substantial compliance with standards proposed by the American Standards nstitute substantially in the form as follows: Regular SessiOn, Ma~h ~i ~98 76 Section 12. Form of Note. Notes shall be printed [n subs~antla] compilance With standards proposed by the American Standards institute substantially in the form as foffows: (9) (10) (Continued on the beck of this Note) FIGURE (Front) 77 Regular Session, March 2, 1998 (10) (16) (17) [Continued} FIGURE 2 (Back} Reqular Session, March 2, 1998 78 The text of the Notes to be located thereon atthe item numbers shown shall be as follows: Item 1, figure 1 ="STATE OF IOWA" "COUNTY OF DUBUQUE" "CITY OF DUBUQUE" "PARKJNG REVENUE REFUNDING CAPITAL LOAN NOTE" "SERIES 1998" Item 2, figure 1 =Rate: Item 3, figure I =Maturity: Item 4, figure 1 =Note Date: March 1, 1998 Item 5, figure 1 =Cusip No.: Item 6, figure 1 ="Registered" Item 7, figure 1 =Certificate No. Item 8, figure I =Principal Amount: $ item 9, figure 1 =The City of Dubuque, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 =(Registration panel to be completed by Registrar or Pdnter with name of Registered Owner). Item 10, figure I =or registered assigns, the principal sum of fprincipal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentafion and surrender hereof at the designated office of Norwest Bank Iowa, N.A., Paying Agent of this issus, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on May 1, 1998, and semiannually thereafter on the 1st day of November and May in each year. Interest and principal shall be paid to the registered holder of the Note as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. Unless this cediCicate is presented by an authored representative of The Depasitow Trust Company, a New York corperafion ("DTC"), to the lesuer orits agent for registration of transfer, exchange or payment, and any cedfficate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER PLEDGE OR / OTHER USE- HEREQF FOR .VALUE ~ OR OTHERWISE BY OR TO ANY ~ PERSON IS WRONGFUL inasmuch as i-the registered owner hereof, Cede & Co., has an interest herein. This Note is issued pursuant to the provisions of Sections 384.24A and 384.82 of the Code of Iowa, for the purpose of payin_c costs of refunding outstanding parking revenue indebtedness of the City, and in order to evidence the oblig~ons of the Issuer under a certain Loan Agreement dated March 2, 1998. in conformity to a Resolution of the City Council of said City duly Passed and approved. For a complete ~tatement of the revenues and funds frorr which and the conditions under which this Note s payable, a statement of the conditions under which add~onal Notes or Bonds of equal standing may be issued, and the general covenants and prowsions pursuant to which this Note is issued, reference is made to the above described Loan Agreement and Resolution. Notes matudng after May 1, 2006, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shel be par, p us accrued interest to date of call. Thirty days' notice of redemp~on shall be given by ordinary mail to the registered owner of the Note. Failure to give such notice by mail to any registered owner of the NoTes or any defect therein shall not affect the validity of any proceedings for the redemption of the Noms. All Notes or portions thereof called for redemp~on will cease to bear interest after the specified reaemption date, provided funds for their redemp~on are on deposit atthe place of payment If selection by lot within a maturity is required, the Registrar shall designate the Notes to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Notes to be called has been reached. Ownership of this Note may be transferred fnly by transfer upon the books kep for such purpose by Norwest Bank Iowa, N.A., the Registrar. Such transfer on the books . shall occur only upon presentation and 79 Regular Session, March 2, 1998 surrender of this Note at the office of the Registrar as designated below. [ogether with an .assignmen[ duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered Noteholders of such change. All Notes shall be negotiable as provided in Article 8 of the Uniforrr Commercial Code and subject to the provisions for registration and transfer contained in the Note Resolution. This Note and the series of which it forms a parz, other obligations ranking on a padty therewith, and any Add,anal Obligations which may be' hereafter issued and outstanding from time to time on a parity with said Notes, as ctovided in the Note Resolution and Loan Agreemen[ of which notice is hereby given and which are hereby made a part hereof, are payable from and secured by a pledge of the net revenues of the Municipal Parking Sysrem (the "System"), as defined and provided in said Resolution There nas heretofore been established and the City covenants and agrees that it will maintain just and equitable rates or charges for the use of ano service renaered by said System in each year for the payment of the proper and reasonable expenses of operation and maintenance of said System and for the establishment of a sufficient sinkJng fund [o meet the principal of and interest on this series of Notes. and other Obligations ranPJng on a parity [herewith, as the same become due. This Note is no[ payable in any manne~ by taxation ana unaer no a~rcums[ances shall the City be in any manner liable by reason of the failure of said net earnings to be sufficient for the payment hereof· This Note is a "qualified tax-exempt obligation" designated by the City for purposes of Section 265(b)(3)(B) of the Internal Revenue Cede of 1986. And it is hereby representec and ced~fied that ali acts, conditions and things requiske, according [o the laws and Constitution of the State of Iowa. to exist, to be had, to be done, or to be 2er~ormed precedent to the lawful issue of this Note, have been existent, had, eerie and performed as required by law. IN TESTIMONY WHEREOF. said City by its City Council has caused this Note to be signed by the manual signature of its Mayor ano attested by I'the manual signature of its City Cork with the seal of said City repressed hereon, and authenticated By the manual signature of an authorized reoresentative of the Registrar Norwest Bank Iowa, N.A Item 11, figurel=Date of Authentication: Item 12, figure 1 =This is one of the Notes described in the within mentioned Resolution, as registered by Norwest Bank Iowa, N.A. NORWEST BANK IOWA, NATIONAL ASSOCIATION, Registrar By; Authorized Signature Item 13, figure 1= Registrar and Transfer Agent: Norwest Bank Iowa. N.A. Paying Agent: Non,vest Bank Iowa, N.A. Corporate Trust Operations Sixth & Marquette Avenue Minneapolis. MN 55479-0113 SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block] CITY OF DUBUQUE, IOWA By: (man ual signature) Mayor ATTEST: By: (manual signature) City Clerk Item 16, figure 2 = It is codified thal the following is a correct and complete copy of the opinion of Bond Counsel issued as of the date of delivery of the issue of which this Note is a part. __ · (ma n,fi'acsimile siqnature) City Clerk (Opinion of Bond Counsel] item 17, figure 2 =[Assignment Block] [information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers (Socia Security or Tax tden~cation No, ) the within Note and does hereby irrevocably constitute and appoint -- a~omey in fact to transfer the saia Note on the books kept far registration of the within Nam, with full power of substitution in the premises. Dated (Person s) executing this Assignment sign(s] here) SIGNATURE ) GUARANTEED) IMPORTANT- READ CAREFULLY The signature(s] to this Power must corresoond with the name(s) as written Reqular Session, MarCh 2; 1998 80 upon the face of the Certificate(s) or Note(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Corporation Partnership Trust * if the Note is to be registered in the names of mu~Jp~e indMdual ownem, the names of all such owners and one address and social security number must be provided. .The follow~ng abbreviations, when used ~n the inscription on the face of this Note, shall be construed as though written out in full according to applicable laws or regulations: TEN CaM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common iA UNIF TRANS MIN ACT ................ Custodian .................... (Cust) (Minor) under Iowa Uniform Transfers to Minors Act. ............... (S~e) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT iN THE ABOVE LIST Section 13. Eeuelitv of I ion. The ~Jmaiy payment of principal of and interest on the Notes and Parity Obligations shall be secured equally and ratably bythe Net Revenues of the System without pdority by reason of number or time of sale or delivery; and the revenues of the System are hereby irrevocably pledged to the timely payment of both principal and interest as the same become due. Section 14. Application of Note Proceeds- Prelect Fund. Proceeds of the Notes shall be applied as follows: · An ambunt equal to accrued interest shall be deposited in the Sinking Fund for application to the first payment of interest on the Notes. · An amount sufficient to meet the Reserve Fund Requirement shall be deposited in the Reserve Fund. · The balance of the proceeds shall be deposited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Notes at any time that other funds of the System shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the eadiest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law, the internal Revenue Code and this Resaiution. Any excess proceeds remaining on hand after completion of the purpose of issuance shall be paid into the Improvement Fund to the maximum required amounts and any remaining amounts shall be used to call or other Mse retire Notes. Section 15. User Rates. There has heretofore been esteblished and published as required by law, just and equitable rates or charges for the use of the se~ce rendered by the System. So long as the Notes are outstanding and unpaid the rates or charges to consumers of se~ces of the System shall be sufficient in each year for the payment of the proper and reasonable expenses of operation and maintenance of the System and for the payment of prinoipai and interest on the Notes and Parity Notes and Bonds as the same fail due, and to provide for the creation of reserves es hereinafter ~rovided. Any revenues paid and collected for the use of the System and its services by the Issuer or any department agency or instrumenteity of the Issuer shall be used and accounted for in the same manner as any other revenues dedved from the operations of the System. Section 16. Application of Revenues. From and after the delivery of any Notes, and as long as any of the Notes or Parity Obligatons shall be outstanding and unpaid either as to principal or as to interest, or until all of the Notes and Parity Obligations then outstanding shall have been discharged and satisfied in the manner Regular Session, March 2~ 1998 provided in this Resolution the entire income and revenues of the System shall be deposited as collected in a fund to be known as the Parking Revenue Fund (the "Revenue Fund"), and shall be disbursed only as follov¢~: (a) Oeeration and Maintenance Fund. Money in the Revenue Fund shall first be disbursed to make eeposits into a separate and special fund to pay current expenses. The fund shall be known as the Parking Revenue Operation and Maintenance Fund (the "Operation and Maintenance Fund'). There shall be deposited in the Operation and Maintenance Fund each month an amount sufficient to meet the curren[ expenses of the month plus an amount equal to 1/12th of expanses payable on an annual basis such as insurance After the first day of the month, further deposits may be made to this account from the Revenue Fund re the extent necessary [o pay current expenses accrued and payable to the extent that funds are not ava~able in the Surplus Fund. (b) Sinkina Fuqd. Money in the Revenue Fund shall next be disbursed to make deposits into a separate and special fund to pay principal of and interest on the Notes and Parity Obligations The fund shall be known as the Parking Revenue Note and Interest Sinking Fund (the "Sinking Fund"). The required amount to be deposited in the Sinking Fund in any month shall be an amount equal to l/eth of the installment of interest coming due on the nec interest payment date on the then outstanding Notes and Par~ Obligations, plus 1/12th of me installment of principal coming oue on such Notes on the nex~ succeeding principal payment date unti~ the full amount of such installment is on hand. If for any reason the amount on hand ir the Sinking Fund exceeds the required amount, the excess shall forthwith be withdrswn and paid into the Revenue Fund Money in the Sinking Fund shall be used solely for the purpose of paying principal of and interest on the Notes and Parity Obligations as the same shall become oue and payable. (c) Reserve Fund. Money in the Revenue Fund shall be disbursed to maintain a debt service reserve in ar amount equal to the Reserve Fund Requirement. Such fund shall be known as the Parking Revenue Debt Service Reserve Fund (the "Reserve Fund"). In each month there shall be deposited in the Reserve Fund an 'amount equal to 25 pement of the amount required by this Resolution to be deposited in such month in the S nkng Fund; provided, however that when the amount on deposit in the Reserve Fund shall be not less than the Reserve Fund Requirement, no further deposits shall be made into the Reserve Fund except to maintain such level, and when the amount on deposit in the Reserve Fund is greater than the balance required above such additional amounts shall be withdrawn and paid into the Revenue Fund. Money in the Reserve Fund shall be used solely for the purpose of paying principal at maturity of or interest on the Notes and Parity Obligations for the payment of which insufficient money shall be available in the Sinking Fund. Whenever it shall become necessary to so use money in the Reserve Fund, the payments required above shall be continued or resumeo until it shall have been restored to the required minimum (d} Improvement Fund. Money in the Revenue Fund shall next be disbursed to maintain a fund To be known as the Parking Revenue Improvement Fund (the "Improvement Fund"). The minimum amount to be deposited in the Improvement Fund each month shall be $5,000; provided. however, that when the amount of said deposits in said fund shall equal or exceed $250,000, no further monthly deposits need be made into the Improvement Fund except to maintain it at SUCh level. Money m the Improvement Fund not omerwise specially limited by other provisions of this ResolLrtJon shall be used solely for the purpose of paying panc~pal of or interesl on the Notes or Parity Obligations when there shall be insufficient money in the Sinkin~ Fund ant the Reserve Fund: and to the extent not required for the foregoing, zo pay the cost of extraordinary maintenance expenses or repairs, renewals and replacements not includec ir the annual budget of revenues and current expenses, payment of rentals on any part of the System or payments due for any properly purchased as a part of the System, and for capital improvements [o the System. Whenever it shall become necessary to so use money in the Imarovement Fund. the payments required above shal be continued or resumed until it shal. have been restored to the required minimum Reqular Session, March 3, 1998 8? (e) Subordinate Obligations. Money in the Revenue Fund may next be used to pay principal of and interest-on (including reasonable reserves therefor) any other obligations which by their terms shall be payable from the revenues of the System, but subordinate to the Notes and Par'~ Obligations, and which have been issued for the purposes of extensions and improvements to the System or to retire the Notes or Parity Obligations in advance of maturity, or to pay for extraordinary repairs er replacements to the System. (f) Surplus Revenue Ati money thereafter remaining in the Revenue Fund at the close of each month may be deposited in any of the funds created by this ReselU~on, to pay for extraordinary repairs or replacements to the System, or may be used to pay or redeem the Notes or Parity Obligations, any of them, .or for any lawful purpose. Money in the Revenue Fund shall be allotted and paid into the vadous funds and accounts hereinbefore referred to in the order in which said funds are listed, on a cumulative basis on the ~0th day of each month, or on the next succeeding business day when the 10th shall not be a business day; and if in any month the money in the Revenue Fund shall be insufficient to deposit or transfer the required amount in any of said funds or accounts, the deficiency shall be made up in the following month or months ~r/ter payments into all funds and accounts enjoying a pdor claim to the revenues shall have been met in full Section 17. Investments. Moneys on hand in the Project Fund and all of the funds provided by this Resolution may be invested only in Permitted Investments or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation or ~ equivalent successor, and the deposits in which are insured thereby and. all such deposits exceeding the ma)~mum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall ma~ure before the date on which the moneys are required for the purposes for which said fund was created or otherwise as herein provided but in no event maturing 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 Section: except the Sinking Fund and the Reserve Fund shall be maintained in a separate account but may be invested i~ conjunction with other funds of the City but designated as a trust fund on the books and records of the Cb. AYJ income derived from such investments shall be deposited in the Revenue Fund and shall be regarded as revenues of the System except earnings on investments of the Project Fund shall be deposited i~ and expended' from the Project Fund. tnvestmenzs shall at any time necessary be liquidated and the proceeds thereof applied to the purpose for which the respective fund was created. Section 18. Covenants Regarding the Onerafion of the System. The Issuer hereby covenants and agrees with each and every holder of the Notes and Parity Obligations: (a) Operation of the System. Issuer hereby covenants and agrees with the holder or holders of the notes here~n authorized to be issued, or any of them. that ~t will faithfully and punctually perform all duties with reference to said public motor vehicle parking facili~es system required by the Constitution and laws of the State of Iowa, and this Resolution, including the making and collecting of reasonable and sufficient rates or se~ces afforded thereby, and will segregate the revenues and make application thereof into the respective funds, as provided by this Resdiution. Issuer further covenants and agrees with the holders of said notes to maintain in good con- dition and continuously and efficiently operate said facil~es and meters comprising the System. issuer further covenants and agrees tha~ except as hereinafter otherwise provided, so long as any of the notes authorized to be issued under the terms of this Resolution or notes or obligations ranking on a parity therewith are outstanding it will not sell, lease, loan, mortgage or in any manner dispose of or encumber pubic motor veh cie parking facilities comprising the System unfil all of said notes have been paid in full as to both principal and interest or unless and until full and su~cient provision shall have been made for the payment thereof. 83 Regular Session, March 2, 1998 However, the right is reserved to the City to dispose of any property constituting a par[ of the Sysmrr as provided ir Section 18(0. Nothing contsinec in this Rseolution shall ee construed to prevent the City from leasing to others or contracting with others for the operation of any of the facilities constituting a part of the System to the extent permitted by law, provided the net revenues dedved from any such leases or contracts, in combination with ail other net revenues of the System are found by the City Council to be no~ less than those reouired to be paid unto the Funds as in Secfion 16 provided. Nothing contained in this Resolution shall be construed to prevent the City from' disposing by lease, or as may be permitted by law, of the air fights above any of the off-street parking facilities constitufing a part of the System or of other portions thereof not useful or intended for the parking of vehicles, provided that the revenues from any SUCh lease shall be treated as a part of the income and revenues of the System and shall be used and applied as provided in this Resolution, but no such contract or lease may result in a reduction of the aggregare Ret revenues of the System below the amounts necessary to be paid into the Funds as in Section 16 provided. While the notes authorized hereunder, or any of them, remain outstanding and uneaid no free service shal be afforded by said parking facilities, provided, that the City Council may, Dy resolution, authorize the use e¢ a designated portion of the parking facilities without charge, when: (1) the Council has first affirmatively determined that such use will not cause the aggregate net revenues then to be derived from the balance of the system to be less than 125% of the amounts required ro be paid into the Sinking Funds during the then next succeeding fiscal year, and (2) if the facilities to be operated without charge produced over 15% of the gross revenues of the entire system in the then last preceding fiscal year, the finding by the City Council must De predicated upon ~ and supported by a certificate executed by a na~ionsily recognized parking facilities consuitant employed for the purpose of examining the books and records ~)erdnent to the system and 2f certifying to the amoun[ of revenues which witl be derived from the baiance of the sys[em Any of the off-streez parking faciiities may be withdrawn Ifrom use a[ any ~ime for the purpose of erecting multiple level parking structures, garages or other parking facilities thereon which are to ge incorporated in and made a part of the system of the City, but no such facilities may be so withdrawn unless the City Council affirmativeiy finds that the net revenues to be derived from the operation of the remainder of the System, together with interest during the constru~on of the additional s~raczure, will be no less than those required to be paid into the Funds in Se~on 16 provided dudng the pedod of construction. The Cffy agrees that it will take no action in relation to its parking System which would unfavorably affect the secudty of the notes herein authorized or notes ranking on a padty therewith or the prompt payment of the principal thereof and interest thereon., but nothing in this Resolution contained shall be construed to prohibit appropriate cnanges in the location of on-street parking meters made necessary by street widening, alterations or closings, nor prohibit substitLdJon or changes in the location of on-etreet parking meters in order to provide eesenfial and necessary traffic regulation and control. (b) Sufficiency of Rates On or before the beginning of each Fiscal Year the Governing Body will adopt or continue in effect rates for all sen4ces rendered by the System determined to Be sufficient to produce Net Revenues for the nex~ succeeding Fiscal Year adec~uate to pay principal and interest requirements and create reserves as provided in this Resolution but not less than 125 percent of the principal and interest reouirementa of the Fiscal Year. No free use ortho System bythe issuer or any department, agency or instrumentality of the issuer shall be permitted except upon the determination of the Governing Body that the rates and Charges othe~vise in effect are sufficient to provide Net Revenues at east eausi [o the requirements of this subsection. (c) insurance. That the issuer shsi] maintain insurance for the benefit of the Noteholders on the insurable portions of the System of a kind and in an amount which normsi[y would be carded by pdvate compames engaged in a similar kind of business. The proceeds of any insurance, except public liability insurance, shall be used to repair or replace the part or parts of the System damaged or destroyed, or Regular Sessi°n, March 2; 1998 84 if not so used shall be placed in the Improvement Fund. (d) Accounfind and Aud~ The ~ssuer will cause to be kept proper books and accounts adapted to the -System and -in -~accordance -with generally accepted accounting practices, and will diligently act to cause the books and accounts to be audF~ed annually and reportad upon not later than 180 days after the end of each Fiscal Year by an Independent Auditor and will provide copies of the audit report to the holders of any of the Notes and Parity Obligations upon request. The holders of any of the Notes and Parity Obligatons shall have at all reasonable times the right to inspect the System and the records, accounts and data of the Issuer relating thereto. It is further agreed that if the Issuer shall fail to provide the audits and reports required by this subsection, the holder or holders of 25 percent of the outstanding Notes and Parity Obligations may cause such audits and reports to be prepared at the expense of the Issuer. (e) State Law~. The Issuer will faithfully and punctually perform all duties with reference to the System required by the Constitution and laws of the State of Iowa, including the making and collecting of reesoaable and sufficient rates for services rendered by the System as above provided, and will segregate the revenues of the System and apply said revenues to the funds specified in this Resolution. (f) Property. The Issuer will not sel~, lease; mortgage or in any manner dispose of the System, or any cepital part thereof, including any and all extensions and additions that may be made thereto, unlJl satisfacton and discharge of all of the Notes and Parity Obligatons shall have been provided for in the manner provided in this Resolution; provided, however, that this covenant shall not be construed to prevent the disposal by the issuer of property which in the judgment of its Governing Body has become inexpedient or unprofitable to use in conne~on with the System, or if it is to the advantage of the System that other proper~ of equal or higher value be subs~tuted therefor, and provided further that the proceeds of the disposition of such property shall be placed in a revoMng fund to be used in preference to ether sources far capital ~mprovements to the System. Any such proceeds of the disposition of property acquired with the proceeds of the Notes or Par~y Obligations shall not be used to pay principal or iuterest on the Notes or Parity Obligations or for payments into the Sinking or Reserve Funds. (g) Fidelity Bond The Issuer shall maintain fidelity bond coverage in amounts which normally would be carried by pdvate companies engaged in a similar kind of business on each officer or employee having custody of funds of the System. (h) Addifiona! Charges. The Issuer will require proper connecting charges and/or other security for the payment of service charges. (~ Budeet The Governing Body of the Issuer shatl approve and conduct operations pursuant to a system budget of revenues and current expenses for each Fiscal Year. Such budget shall take into account revenues and current expenses during the current and last preceding Fiscal Year. Copies of such budget and any amendments thereto shall be provided to the holders o~any of the Notes upon request. 0) Consultant Review. The City hereby covenants and agrees as long as any notes hereby authorized are outstanding to regulaity retain from time to time end at least once every four (4) years, the service of some engineer or firm of engineers of specialized reputation in the management and operation of motor vehicle parking faculties sometimes referred to in this resolution as the "Consulting Engineer", for the purpose of consultation and cooperation in connecton with the operation and maintenance of its parking System facilities system and the establishment as well as any Cevision of the schedule of charges for the service and reclines to be thereby afforded. Such report shall be promptly forwarded to the original purchaser of the notes; Section 19. ' Remedies of Noteholders. Except as herein expressly limited the holder or holders of the Notes and Parity Obliga~ons shall have and possess 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 Notes and interest thereon, and of the pledge of the revenues made hereunder, and of all covenants of the Issuer hereunder. Section 20. Prior Lien and Parity Regular Session, March 2, 1998 Obligations. The Issuer will issue no other Notes Bonds or obligations of any kind or nature, payable frorr or enjoying a lien or claim on the property or revenues of the System having 9riority over the Notes .or Parity Obligations Additional Obligations may be issued on e parity and equality of rank with the Notes with respect to the lien and claim of such Additional Obligafions to the revenues of the System and the money on deposit in the funds adopted by this Resolution, for the following purposes and under the following conditions, but not othepcvise: (a) For the purpose of refunding any of the Notes of Parity Obligations' which shall have matured or whicl' shall mature not later than three months after the date of delivery of such refunding obligation and for the payment of which there shall be nsufficisnt money in the Sinking Fund eno the Reserve Fund; (b) For the purpose of refunding any ou~s[anding Notes. Parity Obligafions or general obligation notes or making extensions, additions, improvements or replacements to the System. if all of the following condi~ons shall have been met: (I) before any such Additional Obligations ranking on a parity are Issued there will have been procured and filed with the City Clerk. a statement of an Independent Cerfitied Public Accountant, not a regular emptaz'ee of the Issuer, reciting the opinion based upon necessary investigafions that the Net Revenues of the System for the preceding Fiscal Year (with adjustments as hereinafter provided) were eaual to at least i .25 times the maximum amount that will be required in any Fiscal Year orior to the longest maturity of any of the then outstanding Notes or Parity Obligations for both principal of and interest on all Notes and Parity Obligations then outstanding which are payable from the net earnings of the System and the Additional Obligations then proposed to be issued. For the purpose of determining the Net Revenues of the System for the preceding Fiscal Year as aforesaid, the amou 3t of the gross revenues for such year may be adjusted by an Independent Certified Public Accountant, not a regular employee of the issuer, so as to reflect any changes in the amount of such revenues which would have resulted had any revision of the schedule of rates or charges imposed at or ~dor to the time of the issuance of any such Additional Obligations been in effect dunng all of such oreceding Fiscal Year. (ii) the Additional Obligations must De payable as to pdncipa[ and as ~o interest on the same month and day as the Notes herein authorb, ea. (iii) for the purposes ofthis Section, and interest falling due on the day of s Fiscal Year shall be a requirement of the immediately preceding Fiscal Year. (iv) for the purposes of this Section, general obligafion bonds or notes shall l be refunded only upon a finding of [ necessity by the Governing Body and l only to the extent the general obligation J bond$ or notes were issued or the /Proceeds thereof were expended for /the System. . (v) for purposes of this Section, preceding Fiscal Year" shall be the most recently completed Fisca Year for which audited financial statements prepared by a cer~ed pub c l accountant are issued and avalable, [ but in no event a Fiscal Year which / ended more than eighteen months prior /to the date of issuance of Additional J Obligations. ' (c) Additional Ob gatians may be issued for the purpose of refunding any outstanding notes or Parity Obligations if the Governing Body shall have adopted a resolution finding that such a refunding is in the best interest of the / System and if prior to issuance thereof: / (I) a ce~flcate of an independent lfinancial advisor is placed on file with /the City stating that the refunding wiII 'result JR a present value debt service savings and that debt service on the Refunding Obligations will not exceed debt service on the refunded Obligafions by more than ten percent; and (ii) there is received opinion of Bond Counsel stating that upon issuance of the Refunding Obligations to refund Outstanding Obligations and application of the proceeds thereof, the Revenue Obligations to be refunded will not be outstanding. Section 21 .Disposition of Proceeds; Arbitrage Not Permitted The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Notes issued hereunder which will cause any of the Notes to be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the Internal Revenue Code of the Reqular SeSsi&~, ~rCh ~ i 998 86 Untied States, and that throughout the term of said Notes ti will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there -are, no. facts, or circumstances that would materially change the foregoing statements or the conclusion that ti is not expected that the proceeds of the Notes will be used in a manner that would cause the Notes to be arbitrage notes. Without limiting the generality of the foregoing. the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Reso{ution. The Finance Director is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Notes to certify as to the reasonable expectations and covenants of the Issuer at that date. The Issuer covenants that it will treat as Yiald Restricted any proceeds of the Notes remaining unexpended after three years from the issuance and any other funds required by the Tax Exemption Certificate to be so treated. If any investments are held with respect to the Notes and Parity Obligations, the issuer shall treat the same for the purpose of restricted yiald as held in propor~on to the odginal principal amounts of each issue. The issuer covenants that it will exceed any investment yiald restriction provided in this Resolution only in the event that it shall first obtain an opinion of recognized bond counsel that the proposed investment action will not cause the Notes to be classified as arbitrage bonds under Section 148(a) and (b) the Internal Revenue Code or regalations issued thereunder. The issuer covenants that ti will proceed with due diligence to spend the proceeds of the Notes for the purpose sat forth in this Resalution. The Issuer further covenants that it will make no change in the use of the proceeds available for the construction of facilities or change in the use of any portion of the facilities constructed therefrom by persons other than the Issuer or the general public unless it has obtained an opinion of bond counsel or a revenue ruling that the proposed project or use will not be of such character as to cause interest on any of the Notes not to be exempt from federal income taxes in the hands of holders other-than substantial users of the projec~ under the provisions of Section 142(a) of the Intemal Revenue Code of-the Untied States, related statutes and regula~ons. Section 22. Additional Covenants, Representations and Warranties of the issuer. The Issuer certffies and covenants with the purchasers and holders of the Notes from time to time outstanding that the issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b} comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exempfion Certfficate shall constitute a )art of the contract between the issuer and the owners of the Notes; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits rela~ng to the Notes; (e) tile such forms, statements and suppoCdng documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other ~ersons to assist the Issuer in such compliance. Section 23. Qualified Tax-Exempt Oblieafion.~. For the sole purpose of quatifying the Notes as "Qualified Tax- Exempt Obligations" pursuant to the Iotemal Revenue Code of the United States, as amended, the Issuer designates the Notes as qualified tax-exempt obligations and represents that the reasonably anticipated amount of tax exempt governmental and !internal Revenue Code Section 501 (c)3 Obligations which will be issued during the current calendar year will not exceed Ten (10) Million Dallars. Section 24. Discharee and Satisfaction of Notes. The covenants, liens and pledges entered into; created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Notes and Parfty Obligations, or any of them, in any one or more of the fallowing ways: (a) By paying the Notes or Parity Obligations 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 87 Regular Session, March 2, 1998 the payment of said obligations and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States the ma[urifies and income of which shall be sufficient to retire at maturity, or by redemption prior to maturity on a designated date upon which said obligations may be redeemee, all of such obligations outstanding at the time, together with the interest thereon to ma[udty 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 m be redeemed shall have been previously published or previsions shall have been made for such' publication. Upon such payment or deposit of money or securities, or both, in the amoun[ and manner provided by this Section. ali liability of me issuer with respecz m the Notes or Parity Obligations shall cease, determine ane be complately discharged, and the holders thereof shall be ended only to payment out of the money or securities so deposited. Section 25. Resolution ~ Contmnf. The provisions of this Resolution shall constitute a contract between the Issuer and the holder or holdera of the Notes and Parity Obligations, and after the issuance of any of the Notes no change, vadatio~ or alteration of any kind in the provisions of this Resolution shall be made in any manner, except as provided in the nex~ succeeding Section un'J1 such time as all of the Notes and Parity Obligations, and interest due mereon, shall have been satisfied and discharged as provided in this Resolution. Section 26. - Amendment of Resolution Without ConsenT. The Issuer may, without the consent of er notice to any of the holders of the Notes and Parity Obligations, amend or supplement this Resolution for any one or more of the fo[lowing purposes: (a) To cure any ambiguity, defect. omission or inconsistent provision in this Resolution or in the Notes or Parity Obligations; or to comply with any application provision of law or regulation of feders or state agencies; provided, however, that sucl' action shall not materially adversely affect the interests of the holders of the Notes or Parity Obligafions; (b) To change the terms or provisions of this F~esolution to the extent necessary to prevent the interest 'on the Notes or Padty Obligations from being includable within the gross income of the holders thereof for federal income tax purposes; (c) To grant to or confer upon the holders of the Notes or Parity Obligations any additiona, dghts, remedies, powers or authority that may lawfully be grantee to or conferred upon the holders of the Notes; (d) To add to the covenants and agreements of the issuer contained in this Resolution other covenants and agreements of, or conditions or restrictions upon, the Issuer or to surrender of eliminate any right or power reserved to or conferred upon the Issuer in this Resolution; or (e) To subject to the lien ano pledge of this Resolution additional p~edged revenues as may be permitted by Jaw. Sectior 27. Amendment of Resolution Requfrinq Consort[. This Resolution may be amended from time to time if such amendment shall have been consented to by holders of less then two-thirds in principal amount of the Notes and Parity Obligations at any time outstanding (net including in any case any Notes which may then be held or owned by or for the account of the Issue[ but including such Refunding Obligations as may have been issued for the purpose of refunding any of SUCh Notes if such Refunding Obligations 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 of interest rate of the Notes, or mod~ the terms of payment of principal of or interest on the Notes sr any of them or impose an~. conditions with respect to such payment;, (b) Materially affect the rights of the holders of less than all of the Notes and Parity Obligations then outstanding; and (c) Reduce the percentage of the principal amount of Notes, the consent of the holders of which is required to effect a fur[her amendment. Whenever the Issuer shall propose to amend this Resolution under the provisions of this Sootier., it shall cause notice of the proposed amendment to be filed with the Original Purchaser and to be mailed uy ceCdfied mail to each registered owner of any Note as showr by the records of the Regiszrar. Such notice shall set foKh the nature of the proposed amendment and shal state Reqular Sessi0~, ~f~ ~ i 88 that a copy of the proposed amendatory Resolution is on tile in the office of the Clerk. Whenever at any time within one year from the date of the mailing of . said notice there shall be tiled with the Clerk an instrument or instruments executed by the holders cf at teaat two-thirds in aggregate principal amount of the Notes then outstanding as in this Section defined, which instrument or instruments shall refer to the proposed amendatory Resolu'don described in said notice and shall specifically consent to and approve the adoption thereof, thereupon, but not otherwLse, the Governing Body of the Issuer may adept such amendatory Resolution and such Resolution shall become effective and binding upon the holders of all of the Notes and Parity Obligations. Any consent given by the holder of a Note pursuant to the provisions of this Section shell be irrevocable for a period of six months from the date of the instrument evidencing such consent and shall be conclusive and binding upon ali future holders of the same Note during such period. Such consent may be revoked at any time after six months from the date of such instrument by the holder who gave such consent or by a successor in rifle by filing notice of such revoca~on w~ the Clerk. The fact and date of the execution of any instrument under the previsions of this Section may be proved by the caditicate of any officer In any jurisdiction who by the laws thereof is authorized to take acknowledgments of deeds wtihin such jurisdi~on that the person signing such instrument acknowledged before him the execution thereof, or may be proved by an affidavit of a witness to such execution sworn to before such officer. The amount and numbers of the Notes hetd by any person execu~ng 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 person had on deposit with such bank or trust company the Notes described in such cer[ificata. Section 28. Severabifity If any secfion, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceabliity of such section, paragraph or provision shall I not affect ~ny of the remaining ~ provisions. e~on 29. Contmulna D~sciosur~ The Issuer h~reby covenants and agrees that it will comply with and carry out ali-of .the provisions of the Continuing Disclosure Cer~cata, and the previsions of the Continuing Disclosure Cer~cate are hereby approved and incorporated by reference as part of this Resolution and made a part hereof and the Mayor and C~ Clerk ars hereby authotized to execute and deliver the same at Issuance of the Notes. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Cert~cate'shali not be considered an event of default under this Resolution; however, any holder of the Notes or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific 3erformance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this Section, "Beneficial Owner" means any )erson which la) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Notes (including ~ersoes holding Notes through nominees, depositories or other intermediaries), or lb) is treated as the owner of any Notes for federal income tax purposes. Section 30. Rehear of Conflicfin~l Ordinances or- Resolutions and Effec~ve Date. All other ordinances, rssolutions and orders, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such centii~ hereby repealed; and this ResolLr[Jon shall bain effect from and after ~ adoption. Passed, approved and 'adopted this 2nd day of March, 1998. Ann E. Mishaisk~, Mayor Pre-Tern ATTEST: Ma~yA. Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 5-0. City Manager submitting Childhood Lead Poisoning Prevention Program Contract Amendmen'q presented and read. Buol moved that the communica~on be received and filed. Seconded by Robbins. Motion carried RESOLUTION NO. 80-98 A RESOLUTION AUTHORIZING THE 89 Regular Session, March 2, 1998 CiTY MANAGER OR HIS DESIGNEE TO SIGN A CONTRACT AMENDMENT WITH THE IOWA DEPARTMENT OF PUBLIC HEALTH FOR FUNDING A LOCAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM. Whereas. the City of Dubuque has established such a local childhood lead poisoning orevention program; and Whereas, the Iowa Department of Public Health has offered zo orovide additional ficanciai support for activities relating to the local childhood lead poisoning 3revention program in the City of Dubuque; and Whereas, the City of Dubuque will erevide environmental and medical case management of identified ead poisoned children in add~on to community outreach and education on the problem of childhood lead poisoning. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec'don 1. That the City of Dubuque, Iowa hereby approves the attached contract between the Iowa Department of Public Hea~th and the City of Dubuque, Iowa. Sec'don 2. That the City Manager or his designee is hereby authorized and directed to execute said contract on behelf of the City of Dubuque, Iowa. Passed, approved and adopted this 2nd day of March, 1998. Ann E. Mishaisld. Mayor Pro-Terr At~est: Mary A. Davis, Cfty Clerk Buol moved adoption of the Resolution Seconded by Robbins. Motion carded 5-0. National League of C~es advisin,g of Council Member Da~ Nichoisons appointment to NLC Transportation & Communications Steedng Committee for 1998, presented and read. Markham moved that the communication be received and tiled. Seconded by Robbins. Mo~don carded 5`0. City Manager recommending selection of Communication Engineering Company to complete the Network Electronics project for the City's computer system au a cost of $100,748.49, presented anc read. Buol moved that the communication De received and tiled. Seconded by Robbins. Motion carded 5-0. City Manager recommending entrance into a contract with Northeast Iowa Small Business Development Center re provide s third entrepreneurship training program for Iow and mooerate income persons, presented and read. Buol moved that the communication be received and tiled. Seconded by Robbins. Motion carded 5-0. RESOLUTION NO. 81-98 A RESOLUTION APPROVING A CONTRACT FOR SERVICES W1TH THE NORTHEAST IOWA SMALL BUSINESS DEVELOPMENT CENTER TO PROVIDE AN ENTREPRE- NEURSHIP 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 Censelidatec Plan for Housing and Community Development has recommended an Enterprise Opportunity Progr.am to assist iow and moderate raceme entrepreneurs; and Whereas, the current City budget has ellocated Community Development Brock Grant funds for an Enterprise Opportunity Pregram to provide training and loans [or low and moderate income persons ~o become self-sufficient through self-employment; and Whereas, the Northeast Iowa Small Business Development Center has ceYdfled staff to provide entrepreneurship training to individuals interested in staddng their 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 Nor~eest 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 author[zed 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 $7,890. Passeo. approved and adopted this 2nd day of March 1998. Ann E. Michalski. Mayor Pre-Tern At~est: MaryA. Davis City Clerk Buol moved adoption of the Resolution. Seconded by Robb[ns. Motion carded 5-0 City Manager submitting amend- merit to eRA Lease Agreement, 90 presented and road. Budi moved that the communication be received and filed. Seconded by Robbins. Motion carded 5-0. RESOLUTION NO. 82-98 - RESOLUTION APPROVING SIXTH AMENDMENT TO LEASE AGREE- MENT BETVVEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE RACING ASSOCIATION, LTD. Whereas, the City of Dubuque, Iowa (City) and Dubuque Racing Association, Ltd. (Associa~on) entered into a written Lease Agreement on February 28, 1990, which Lease Agreement has been amended from time to time; and Whereas, it is necassary to further amend certain previsions of the Lease Agreement; and Whereas, Association and City now desire, pursuant to the Lease Agreemen~ to amend the Lease Agreement. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the Sixth Amendment to the Lease Agreement between City and AesociatJco is hereby approved, and the Mayor is authorized and directed to sign the Sixth Amendment on behaff of the City. Passed, approved and adepted this 2nd dayof March, 1998. Ann F. Michaiski, Mayor Pro-Tern Attest: Mary A. Davis, City Clerk Budi moved adoption of the Resdiution. Seconded by Robbins. Motion carried 5-0. Copy of Letter from Mayor inviting China delegation to Dubuque during June 21-25, presented and read. Buol moved that the communication be received and flied. Seconded by Robbins. Motion carded 5~0. City Manager recommending approval of agreement between the Police Department and Immigration and NaturelizaCdon Service to provide fingerprinting services for INS, presented and read. Budi moved that the communication be received and filed. Seconded by Robbins. Motion carried 5-0. City Manager recommending participafion in the Local Update of Census Addresses Program for Census 2000, presented and read. Budi moved that the communication be received and tiled and approved recommendation. Seconded by Robbins.- Motion carried 5-0. City Manager submitting letter of support for The National Education Center for Agricultural Safety, presented and read. Budi moved that the communication be received and tiled and approved recommendation. Seconded by Robbins. Motion carded 6-0. RESOLUTION NO. 83-98 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That th.e following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW MeMn G Spiegelhaiter The Clubhouse 2364 Washington Passed. approved and adopted this 2nd day of March, 1998. Ann E. Mishalski. Mayor Pre-Tern Attest: MaryA. Davis, City Clerk Buol moved adoption of the Resolu~on. Seconded by Robbins. Motion carried 5-0. RESOLUTION NO. 84-98 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 app~isants were inspected and found to comply with the Ordinances of this City and have flied proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CI7¥ OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the fdilowing named applicants a Beer Permit. CLASS 'B' BEER PERMIT Kids World Pizza Placa Fun Cat Kids World Pizza +(Sunday Sale) 3033 Asbery Rd CLASS 'C' BEER PERMITS Lynn A. Krueer K.C.'s Downtown Auto Cntr+(Sunday Sale) 205 Locust St Passed, approved and adapted this 2nd day March, 1998. Ann E. Michaiski, Mayor Pro-Tern Attest: Mary A Davis, City Clerk Buol moved adoption of the Resdiation. Seconded by Rebbins. 91 Regular Session. March 2, 1998 Motion carried 5-0. RESOLUTION NO. 85-98 Whereas. applications for Liquor Licenses have beer subrn~ed to this Council for appreval and the same have beer examined ano approveo; 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 flied proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the Manager be authorized to cause to de issued the following named' applicants a Liquor License_ CLASS "B"(HOTEL/MOTEL LIQUOR LICENSE Dubuque Lodging ~nc. Days Inn+(Sunday & Outdoor Serv) 1111 Dodge CLASS "C"(COMMERCIAL} BEER & LIQUOR LICENSE Cue Master Limited Cue Master E~illiards+(Sunday Sale) 900 Centre] DBQ Racing Assoc Dubuque Greyhound Park &Casino +(Sunday& Outdoor11855 Greyhound Enke Investment Co Cedars Restr & Lounge+(Sunday Sale) 2155 Southpark Melvin SpiegeJhaiter The Clubhouse 2364 Washinggon Passed, approved and adopted this 2nd day of March, 1998. Ann E. Micha{ski. Mayor Pre-Tern Attest: Mary A. Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Rebbins. Motion carried 5-0. BOARDS AND COMMISSIONS: Interested citizens to address the Counc[ regarding appointment to followiog Boards/Commission ELECTRICAL CODE BOARD: Applicant Elaine Reiss. No one spoke. APPOINTMENTS TO THE FOLLOWING BOARDS AND COMMISSIONS: COMMUNITY DEVELOPMENT COMMISSION - One Three-year (At Large) Term which will expire 2-15- 2001. Applicants: Cathy Baueriy, Jim Giesen, Robert Schmit. Vote on the appointment was as follows: Buol voted for Giesen. Markham voted for Giesen. Michalski voted for Giesen. Nichelson voted for Giesen. Robbins voted ~or 'Schmitt. Therefore, Jim Giesen appointed to tne unexpired term which wiil expire 2-15-2001. ENVIRONMENTAL STEWARD- SHiP COMMISSION - One unexpired term which ,,viii expire 1-1-99 Applicants: Cindy Post & Sarah Schneider. Vote on the appointment was as follows: Buol voted for Schneider. Markham voted for Post. Michalski voted for Schneider. Nicholson voted for Post_ Robbina voted for Post. A second vote was taken: Buol voted for Post. Markham votec for Post. Michalski voted for Post. Nicholson voted for Post. Robbins voted for Post Therefore, Cindy Post appointed to the unexpired term which will expire 1-1-99. HOUSING CODE APPEALS BOARD - One unexpired three year term which will expire 1-11-2000. App[icaut: Thomas G. Swift. Robbins moved that Thomas G. Swift be appointed. Seconded by Nichctson. Motion carried 5-0. Therefore, Thomas G. Swift appointed to the unexpired three year term which will expire 1 ~11-2000. PLUMBING BOARD - One unexpired term which will expire 11-02- . 00 (Journeyman). Applicant: Paul J. Papin. Robbins moved that Paul Papin be appointed Seconded by Markham. Motion carded 5-0. Therefore, Paul J. Papin appointed to the Jnexpired term which v,q'l[ expire 11-02-00. Robbins moved to suspenc the rules to allow anyone present to address the Council if they so desire. Seconded by Buol. Motion carried 5-0. Proofs of Publication or Notice of Hearing on Plans & Specifications for Radford Road Reconstructior Project and Notice to Properly Owners on Public Hearing for Resolution No. of Necessity for project, presented and read. ~adford Rd. Dev. Inc. objecting to paving and sidewalk assessment against Lot B BIk. 11, Sunnyslope Estates, Attorney Brian Kane, on behalf of Come[cc Services. Inc. [Hansen Communication) objecting to sidewalk assessment for project; Attorney Bdan Kane. on behalf of Joseph & Ruth Siegert, objecting to their assessments' Pe~on containing nine signatures representing owners of commercial property and businesses on Radford Road objecting to proposal . for installation of sidewalks along Radford Reqular Session, Rd.: Douglas Moran objecting to nstallation of sidewalks; Larry Wolff requesting approval of project with sidewalks; Dick McFadden, Co- Conservator for Lillian McFadden objecting To sanitary sewer installation and assessment, presented and read. Nicholson moved that the proofs, communications and petitions be received and filed. Seconded by BuoL Motion carded 5~0. Emie Quade, Doug Moran, Attorney Bdan Kane for Joe & Ruth Siegert, Dick McFadden, Waiter McFadden, Jack Sweeson, Carol Sharkey, all spoke objeddng to various aspects of the proposed project, especialiy the Droposad sidewalks. A Resolution Adopting Plans and Specs. for project and a Resolution Ordedng Bids for project were presented and reao. Robbins moved that the Public Hearing be closed and that further action be deferred to the Council Meeting of March 16, 1998. Seconded by Nicholson. Motior carded 5-0, RESOLUTION NO. 86~98 RESOLUTION WITH RESPECT TO TIlE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE RADFORD ROAD RECONSTRUCTION PROJECT Whereas, the Cb Council has proposed a Resclution of Necessity for the Radford Road Reconstruction Project, has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objecfions and is pending before this Council; and Whereas, this is the time and place set as provided for the tatdng of action on the proposed Resblution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby:, Deferred for later consideration to a City Council meeting to be held on the 16th day of Mareh, 1998 at 7:00 p.m. in the Public Ubrary Auditorium, with jurisdiction retained for further consideration and action at the adjourned meeting. Passed, adopted and approved this 2nd day of March, 1998. March 2~ 1998 92 Ann E. MichalskJ, Mayor Pre-Tern Attest Map/A. Davis, Cb Clerk Robblns moved- to adopt the resolution.' Secondee by Nicholsor.. Motion carded 5-0. Proof of publication certified to by the Publisher or Notice to dispose of Lot lA of Block 3 of MetteFLink Addition and City Manager recommending to dispose of property, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Nicholsan. Motion carded 5-0. Kenneth Johnson spoke requesting sale of property. RESOLUTION NO. 87~98 Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on 20th day of February, 1998, the City Council of the City of Dubuque, Iowa met on the 2nd day of March, 1998, at 7:00 p.m. in the :~ublic Library Auditorium. 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real estate described as: Lot lA Block 3 of MetteJ-Link Addition in the City of Dubuque, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CFi-Y OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot lA Block 3 of Met[eFLink Addition in the City of Dubuque, Iowa to Kenneth A. & Blanche L Johnson be and the same is hereby approved for the sum of $300.00 plus cost of ~ublication, pla~ng and tiling fees. shall be by Quit Claim Deed. Sec'don 2. The ~ity of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construction, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, tv. cable, and electric lines as may be authorized by the City of Dubuque, iowa, as shown on the plat cf Lot lA 93 Regular Session, March 2, 1998 Block 3 of Mette[-Link Addition. Section 3. That the Mayor De authorized and directed to execute -a Quit Claim Deeo, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Kenneth A. & Blanche L Johnson upon receipt of the purchase price in full. Section 4 That the City Clerk be and is hereby authorized and directed to record a cerdfied copy of this resolufio~ in the office of the City Assessor Dubuque County Recorder and Dubuque County Auditor. Passed. approved and adopted this 2nd day of March, 1998. Ann E. MichaIski Mayor Pro-Tern Attest: Mary A. Davis, City Clerk Buol moved adoption of the' Resolution. Seconded by Nichoison. Motion carried 5-0. Proof of publication cerdfied to by the Publisher on Notice of Public Headng to reclassify property' located North of Daniels Street, East of Bies Drive from R-1 to R-2 District. presented and read. Buol moved that the communicatie~ be received and filed. Seconded by Nichoison_ Mation carried 5-0 M~rty Helle spoke requesting rezonmg. An Ordinance Reclassifying said property from R-1 Single-Family Residential District to R-2 Two-Family Residential District. with first & second readings given 2-16-98, now presented for further action. (OFFICIAL PUBLICATION} ORDINANCE NO. 7-98 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NORTH OF DANIELS STREET, EAST OF BIES DRIVE FROM R-1 SINGLE- FAMILY RESIDENTIAL DISTRICT TO R-2 TWO-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 s hereby amended by reclassifying the hereinafter described property from R-1 Single-Family Residential District to R- '2 Two-Family Residenfial District, to wit: Lot 5, Block 1 C.J. Bies SubdMsio~ 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 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 2nd day of March, 1998. Ann E. Michalski. Mayor Pro-Tern Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 9th day of March, 1998. It 319 Mary A. Davis CMC. City Clerk Buol moveo final considerafion and passage of the Ordinance. Seconded by Nicholson. Motion carried 5-0. Proof of publication certified to by the Publisher on Notice of Public Hearing to amend PUD for properly located on Cedar Cross Road (Behind Tri-State Golf Center), presented and read. Buol moved that the communication be received and filed. Seconded by Nichoison. Motion carried 5-0. Pat Tobin spoke reauesfing the amendment Of the PUD Plan. Jack Heiderscheit spoke not objecting to the plan, but requesting fencing or trees along his property line An Ordinance Amending Ordinance No. 77-95 which adopted regulations for proper~ located South of I095 Cedar Cross Road as a PUD Planned Unit Development District wfth a PC Planned Commercial District designation and adooting a Revised Conceptual Development Plan, with Conditions, first and second reaaings given on 2-16-98. now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 8-98 AN ORDINANCE AMENDING APPENDIX A {THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES PROVIDING FOR THE AMENDMENT OF ORDINANCE 77-95, WHICH ADOPTED REGULATIONS FOR PROPERTY LOCATED SOUTH OF 1095 CEDAR CROSS ROAD AS A Reqular SessiOn, Marc~ ~; i998 94 PUD PLANNED UNIT DEVELOPMENT DISTPJCT WITH A PC PLANNED COMMERCIAL DISTRICT DESIGNATION AND ADOPTING A REVISED - CONCEPTUAL ' DEVELOPMENT PLAN, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CFFY OF DUBUQUE, IOWA: Section 1. Appendix A (the Zoning Ordinance) of the Dubuque Code of Ordinances and Ordinance 77-95 be amended by adopting a revised conceptual development plan, a copy of which is attached to and made part hereof, to wit Lot 3 of the J. George Subdivision, except the nollheasteriy 391 feet thereof to the center line of the adjoining public right~of-way, ell 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 properly owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Use R~oulafiOp$ The following regulations shall apply to all uses made of land in the above described PUD District 1) Principal permitted uses shall be limited to: a) Business services-f29]. b) General office-II4]. c) Indoor recreafion-[37]. d)Mini-warehousing and storage taciJffy-[47]. e) Public or quasi-public utilities laclading substations-[47J. 2) Accessory uses shall include: a) Dwelling unit for on-site manager. b) Any use customarily incidental and subordinate to the principal use it [ ] Parking group---see Section 4-2 of the Zoning Ordinance. Develapment of land in the PUD District shall be regulated as follows: 1) All building structams and activities shat be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance witJq provisions of the PUD District regulafions of this ordinance and of Section 3-5.5 of the Zoning Ordinance. 2) The maximum building height shall be twenty-five (25) feet C. Performance Standards. The develapment 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) Lighfing shall be provided per City standards. 2) Landscaping shall be provided in compliance with Secfior~ 4.4 of the Zoning Ordinance and as stipulated n the conceptaa development plan. Aisc stipulated is the requirement for a techny arborvitae hedge, planted a minimum 5 feet high at planting, 5 feet on center and 200 feet in length located in a manner subject to approval of the adjacent properb, owners. 3} Ail utilities including telephone and cable television shall be installed underground. 4) Sidewalks shall be placed four (4) feet behind the curb paralie! to the street on ail public street frontages ~nd constructed in accordance with City standards. 5) Final site develapment plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior to construction of each building or structure unless othenNlae exempted by Secton 4-4, 6) Storm water datention shall be provided beginning with Phase I and be directed toward the detention basin located in the southwest comer of the site. Subdivisio~ plats and improvement submffted id accordance Chapter 42 of the City of Dubuque Code of Ordinances. The approved conceptual development plan shall serve as the preliminary plat. 8) Security fence shall be extended along the east property ine to the existing tree line during Phase L D. Onen S~ace end RecreaTional Areas Those areas not designated on the conceptual development plan for development shall be maintained as open space, as defined by Sestion 8 of the Zoning Ordinance by the property owner and/or association E.Sign Regulations. The sign regulations shall be in accordance ~ the C-2 Neiahberhood Shopping Center District as ~stablished in Section 4-3.11 of the Zoning Ordinance. F. ~'ransfer of Ownership Transfer of ownership or lease of property in this PUD District shall include iq the transfer or lease agreement a provision that the purchaser or lessee 'acknowledges 95 Regular Session, March 2, 1998 awareness of the conditions authorizing the establishment of the district. G.Recla.~ificafion of Subject ProDer~ The. City of Dubuque, Iowa. may innate zomng reclassification proceedings to the AG Agricultural District in accordance w~h Section 6 of the Zoning Ordinance if the properly owner(s) fa (e) to comolete or maintain any of the conditions of this ordinance. H. Modificefin~, Any modifications of this Ordinance must be approved by the C~ Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. I. Recording, A copy of this ordinance sha~J be' recorded at the expense of the property owner(s) w~th the Dubuque County Recorder as a permanent record of the conditions accepted as par~ of this reclassitication approval within ten (10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and bls/her heirs, successors and assigns. Section 3,The foregoing amendment nas heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4,The foregoing amendment shall take effec~ upon publication, as provided by taw. Passed, approved and adopted this 2nd day of March, 1998. Ann E. Michalski, Mayor Pro-Tem Aftes[: Mary A: Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 8-98 l, Pat Tobln, property owner, having read the terms and cond~ons of the foregoing Ordinance No. 8-98 and being familiar with the conditions thereof, hereby accepz the same and agree to the condi~ons required therein. Dated this 2nd day'of March, 1998. By/si Pat Tobln Published officially in the Telegraph Herald newspaper this 9th day of March. 1998 'it 3/9 Ma~y A. Davis CMC. City Clerk Budi moved final consideration and passage of the Ordinance. as amended. Seconded by Nichblson Motion carried 5-0 Proof of publication ce~fisd to by the Publisher on Notice of Public Hearing ~o amend Zoning Ordinance pedaining to the addition of freestanding identification signs in the C-5 Zoning District. presented and read. Buol moved that the communication be received and fi[ed Seconded by -Nicholson. Motion carded 5-0. Bob Mole spoke requesting that [heir be a consistent image standard. Mike O'Meara of Firs[ar Bank, and Larry Weitz, both spoke requesting approval of text amendment. An Ordinance Amending Zoning Ordinance by enacting a new Se~on 4-3.11 Schedule of Sign Regulations for the C-4 and C-5 Zoning District pertaining to the addition of Freestanding Iden~cation Signs in the C-5 Zoning District, first & second readings given on 2-16-98. presented and read. Buol moved to table action on this matter to the Council Meeting of 3-16-98. Seconded by Nichdison. Motion carried 5-0. Proof of publication certified to by the Publisher on Notice of Public Hearing zo amend Zoning Ordinance pertaining to Business Services, In include Sign Painting, presented and read. Robblns moved that the communication be received and filed. Seconded by BuoL Motion carried 5-0. Wayne Deutsch spoke requesting approval. An' Ordinance Amending Zoning Ordinance by adopting a new Section 3-3.2(B)(23) in lieu thereof pertaining to Business Services, to include Sign Painting, first and seconc readings g~ven on 2-16-98, now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 9-98 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY REPEALING SECTION 3- 3.2(B)(23) AND ADOPTING SECTION 3-3.2(B)(23) IN LIEU THEREOF PERTAINING TO BUSINESS SERVICES, TO INCLUDE SIGN PAINTING. NOW THEREFORE, BE eRDA NED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. Appendix A (the Zoning Ordinance) of the Cffy of Dubuque Code of Ordinances is ~ereby amendes by repealing Section 3- 3.2(B)(23) and adopting the following Re.qular Session, March 2, 1998 96 new Section 3-3.2(B)(23) in lieu thereof: "Section 3-3.2(B)(23) Business sarvices-[29]." Section 2. This ordinance has heretofore * been -reviewed · by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinancesballtake affect immediately upon pubilca`den, as provided by taw. Passed, approved and adopted this 2nd day of March, 1998. Ann E. Mishalski, Mayor Pro-Tern Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 9th day of March, 1998. It 3/9 Mary A. Davis CMC, City Clerk Robbins moved final consideration and passage of the Ordinance. Seconded by BuoL Motion carded 5-0. Proof of pub[isa`don certi`ded to by the Publisher on Nofice of Hearing to issue May 13, 1998 $104,000 in Urban Renewa] Tax increment Revenue Obilga`dons for TFM Company and City Manager recommending to proceed with issuance of bonds and adoat Assessment Agreement with Jo~n Thompson (TFM Company), presented and read. Buol moved that the proof and communication be received and filed. Seconded by Markham. Mo`don carried 5-0, Tom Thompson spoke requesting approval. Rhodes Isenhart spoke objecting to the use of TIF monies on this project. RESOLUTION NO. 88-98 A RESOLUTION AUTHORIZING THE EXECUTION OF AN ASSESSMENT AGREEMENT WITH JOHN F. THOMPSON AND TFM COMPANY. Whereas, the City Council, after public hearing, duly adopted an Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal Distrfct; and Whereas, said Plan provides that the City may undertake special `dnancing actJv~es, including loans or grants to private developers, to meet the objectives of the Plan and to encourage the development of the District; and Whereas, the City Council has determined, in accordance with the fastom sat forth in Se~on 15A. 1 of the Iowa Code, that John F. Thompson and the TFM Company are qualified to receive such loan or grant assistance to assist their expansion in the District;, and Whereas,- pursuant to published notice, the City Council has held a public hearing on the proposition of obligating Tax increment Revenue to assist the TFM Company, and has considered and overruled any and all objections thereto; and Whereas, an Assessment Agreement, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of a minimum property tax assessment and the disbursement of Tax increment proceeds to John F. Thompson for the TFM Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the form of Assessment Agreement by and among the City of Dubuque, John F. Thompson, an individual, and the TFM Company and the City Assessor of the City of Dubuque, Iowa attached hereto is hereby approved. Section 2. That the Mayor and City Clerk are hereby authorized to execute, on bebalf of the City Council of the City of Dubuque, Iowa, said Assessment Agreement in substan`dally the form attached hereto, but with such changes as they, with the assistance of the Corpora`don Counsel, find to be appropriate, their e×ecafion thereof to cons`dtate this Council's approval of said Assessment Agreement. Passed, approved and adopted this 2nd day of March, 1998. Ann E. Micba[ski, Mayor Pro-Tern Attest: Mary A. Davis, City Clerk Buol moved atop`don of the Resot~on4 Seconded by Markham. Motion carried .%0. - Mary Kleinschrodt reques`dng to address the Council regarding )iscement of protected turn signal at Norbhwest AKerial/Hwy 20 and WaIMart Entrance and also submittng a petition containing apprex. 1313 signatures requesting the same, presented and read. Buol moved that the communication be recek, ed and `died and matter referred to the City Manager. Seconded by Nisholson. Mo'don carried 5.0. Mary K[einschrodt spoke clarifying the request. Corporation Counsel submitting an Ordinance providing length of term for Civil Service Commissionem to four (4) 97 RegularSession March 2, 1998 years, presented and read. Bubl moved that the communication be receivea and filed.. Seconded By Nichblson. Motion carded 5-0. An Ordinance Enacting a new Section 2-181 of the City Code of Ordinances establishing the terms of Office of CMl Service Commissioners by changing the terms of office for Civil Service Commissioners, oresented and read. Bubl moved that this be considered the first reading only of the Ordinance. Seconded by Nicholson. Motion carded 5-0. City Manager submitting an ordinance requiring connection ~o the sewer system presented and read.' Robbins moved that the communication be receivec and fi[ed. Seconded byMarkham. Motion carried 5-0. An Ordinance Amending ChapTer 44,Utilities, Section 44-55, Abandonment of pdvate on-site sewage treatment and disposal system upon availability of public sewer, presented and read. Robbins moved that this be considered the first reading only of the Ordinance. Seconded by Markham Motion carded 5-0. City Manager submitting 5 Year Street Program. presented and read. Robbins moved that the communication be received and filed. Seconded by Michalski Motion carried 5-0. RESOLUTION NO. 89-98 RESOLUTION APPROVING TENTATIVE FIVE YEAR STREET CONSTRUCTION PROGRAM Whereas, there has been prepared a tentative Street Construction Program for Fiscal Year 1999-2003; and Whereas, said construction program must be filed with the Iowa Department of Transportation by May 1, 1998 for the purpose of allocating Road Use Tax Funds to municlpal~es; and Whereas this Council has reviewed toe tentative Street Constructioc Program as submitted. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the tentative F~ve Year Street Construction Program for Fiscal Year 1999 through 2003 be and the same is hereby approved and the Mayer is hereby authorized and directed to sign this resolution. Section 2. That the City Manager is hereby authorized and directed to forward the rer~uired documents relating To the Five Year Street Construction Program to the iowa Department of Transportation. Passed, approved and adopted this 2nd day of March, 1998. Ann E. Michalski, Mayor Pro-Tern Attest: Mary A: Davis, City Clerk Robblns moved adootion of the Resolution. Seconded by Michalski. Motion carded 5-0. City Manager submitting documents providing for bidding process for Five Flags Center Arena Partition Wall Imorovement Project presented and read. Robbins moved that the communication be received and ti[ed. Seconded by Nichblson. Motion carded 5-0. RESOLUTION NO. 90-98 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the proposed plans, specifications, ferm of contract and estimated cost for the FiVE FLAGS CENTER ARENA PARTITION WALL IMPROVEMENTS, in the estimated amount of $88,000, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 2nd day of Marct' 1998. Ann E. Michalski, Mayor Pro-Tern Attest: Mary A. Davis, City Clerk Robblns moved To adopt the resolution. Seconded by Nichoison. Motion carded 5-0. RESOLUTION NO, 91-98 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 forrr of contract and placed same on file in the office of the City Clerk for public [nspectio~ of the FIVE FLAGS CENTER ARENA PARTITION WALL IMPROVEMENTS. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 6th day of April, 1998, a public headng will be held at 7:00 p.m. in the Public Library Auditorium, at which time interested persons may Repular Session, March 2~ 1998 98 appear and be heard for or against the proposed plans and spec'r~cafions, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 2nd day of March, 1998. Ann E. Michalski, Mayor Pro-Tern Attest: Mary A. Davis, City Clerk Robbins moved to adopt the resolution. Seconded by Nicholson. Mofion carried 5-0. RESOLUTION NO. 92-98 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the FIVE FLAGS ARENA PARTITION WALL is hereby o[dered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to adverse for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, lows, which nofica shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 17th day of March, 1998. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final accton at 7:00 p.m. on the 6th day of April, 1998 Passed, approved and adopted this 2nd day of March, 1998. Ann E. Micha~ski, Mayor Pre-Tern Attest: Mary A. Davis, City Clerk Robbins moved to adopt the resolution. Seconded by Nicholson. Motion carried 5-0. Cb Manager subm~ng documents providing for bidding process for Construction of 1998 Concrete Paving Preject- Creston St., Glenwoed Ct. and Marquette Pl~ca, presented and read. Buol moved that the communication be received-and filed. Seconded by Markham. Motion carried 5-0. RESOLUTION NO. 93-98 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 1998 P.C. Conctste Paving Project, in the estimated amount of $934.260.57, are hereby approved and ordered filed in the office.of the City Clerk for public inspection. Passed, adopted and approved this 2nd day of March. 1998. Ann E. Michalski, Mayor Prc-Tem Atte~ MaryA. Davis, City Clerk Buol moved adoption of the Resolstion. Seconded by Markham. Motion carried 5-0. RESOLUTION NO. 94-98 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary appreval on the proposed plans, specifications, and form of contract and pieced same on file in the office of the City Clerk for public inspection of the 1998 P.C. Concrete Paving Project. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 6th day of April, 1998, a public hearing will be held at 7:00 p m in the Public Library Auditorium st which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said Improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specificstions, contract, or estimated cost of the improvement. Passed, adopted and approved this 2nd day of March, 1998. Ann E. Michalski, Mayor Pre-Tern Attest: Mary A. Davis, City Clerk 99 Regular Session, March 2, 1998 Buol moved adop~on of the Resolution. Seconded by Markham. Motion carried 5-0. RESOLUTION NO. 95-98 RESOLUTION OF NECESSITY Whereas. proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the off~ce of City Clerk showing among other things the plans, specifications, form of contract: estimated cost and preliminary plat and schedule showing the amount propesea to be assessea against each lot and the valuation of each lot as flied by the City Council, for th~ 1998 P.C. Concrete Paving Project. NOW THEREFORE, BE T RESOLVED BY THE CITY COUNCIL OF THE CITv OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners az the time of the final consideration of this proposed resolution have on file with the CH Clerk objections to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of th~ proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approveu by the City Council and now on tile with the City Clerk. That the cost and expense of making such improvement will be assessed partially or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by iow, and in propoCdon to the special benefits conferred. The portion of the cost which shall be borne by the CH will be paid from the Sales Tax Fund and Road Use Tax Fund, and sperJal assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeus thereof used to pa~ the contractor. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 2nd day of March, 1998. Approved and placed on file forflnal action. Ann E. Michalski Mayor Pro-Tern Attest: Mary A. Davis, C~ Cterk Buol moved adoption of the IResouton. Seconded by Markham Motion carried 5-0. RESOLUTION NO. 96-98 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection for the 1998 P.C. Concrete Paving Project, and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in ~ne City Clerk's office for public inspection. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 6th day of Apr,, 1998, a public headng will be held al 7:00 o'clock om in the Public Library Auditorium in the City of Dubuque which time the owners of properly ~ubject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost the assessment against any lot, or the final adoption of a resolution of necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not Isss than ten days pdor to the day fixed for its consider~on. Unless proper~ owners at the time of the final consideration of this proposed resolution have on with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived ali objections thereto. Passed. adopted and approved this 2nd day of March, 1998. Ann E. Michalsld, Mayor Pro-Tern Attest: Mary A. Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 5-0. RESOLUTION NO. 97-98 RESOLUTION APPROVING PRE- LIMINARY SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT Reqular Session, Ma;ch ~i ~9~8 RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, 1 tQ 4 inclusive, are hereby determined to be the schedule of proposed assessments for the 1998 P.d. Concrete Paving Project and the valuations set out herein are hereby approved. Passed, approved and adopted this 2nd day of March, 1998. Ann E. Micha[ski, Mayor Pro-Tern Attest: Mary A. Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carded 5-0. Cb Manager requesting public headngs be set for March 16, 1998 on tobacco violations by Martin Auto Magic at 2175 CentTal Ave., Eagle Food Center at 2050 JFK Rd., Fat Tuesday's at 1121 University, KWIK Food Mar~ at 2297 University, Asbury Fast Stop at 3300 Asbury Rd., and Casey's General Store at 4003 Peru Rd., presented and read. Buol moved that the communications be received and filed and approved request wfth the Public Heatings set for 3-16-98 at 7:00 p.m. in the Public Library Auditorium. Seconded by Robbins. Motion carded 5-0. Approved- (~"A¢~',,/~', 1998 Adopted _~/~/-.¢.-~-~ /.~ , 1998 Council Members Attest ._~.. ~ ~ / City Clerk /~/ There being no further business, Buol moved to adjourn. Seconded by Markham. Motion carded 5-0. The meeting adjourned at g:30 p.m. /s/Mary A. Davis CMC City Clerk 101 Special Session, March 4, 1998 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session City Council, March 4 1998. Council Met au 7:00 p.m., Public Library Auditorium. Present: Mayor Duggan, Council Members Buol, Markham Michalski Nicho[een Rcbbins, Voetberg, City Manager Michael Van Milligen,, Corporation Counsel Barry A. LindahL. Le~ the record show that Council Men'Der Voetberg was Present by electronic means. Mayor Duggan read the cali and stated this is a Special Session of the City Council called for the purpose to conduct a Public Hearing on the FY 1999 Budget. Nicholeen moved that the rules be suspended to allow anyone present To address the Council if they so desire. Seconded by Robbins Motion carded 7-0. Proofs of Publication on Notice of Public Hearing on Budget Esdmate for FY"99 AND Notice of Public Hearing on Five Year Capital Improvement Program beginning July 1 1998 througn the tiscal year ending July 1, 2003: Long Range Planning Advisory Commission advising of their approval for FY 1999-2003 Recommended ClP: Petition containing 19 signatures submitted by Dubuque Area Landlord's Association and its members, as well as other intereatee citizens, opposing testing and/or monies allocated in FY'99 Budget regarding housing; Communication of Katherine Stoner. TKF Foundation, advising of gift in amount of $36.250.00 for development of Rocca S. Buda Jr. Park (Lores Blvd.); Communication of Nick Gooomann e×presslng support for (]eveioumen~ of Loras Blvd. Park: Communication of Dubuque County Sheriff's Office expressing concerns regarding opening of Eighth Street in reference to the effect it Would have o- the Dubuque Law Enforcement Center's operation; Dubuoue Main Street Ltd. submitting their positior s~a~ement on Towr Clock Plaza Improvement Plans; Communications from Dorothy C: Bartalotta, Cheryl T. Parker, Bob Nesler, James T. Jacobsen. Pamela Miller, Aaron Hayes, Cheryl Hayes. Jim McEvoy= etc. supporting Loras-Biuff Park proposal; Communication from City Manager regarding budge~ recommendations and decisions, presented and read. Michalski moved that the proofs, communications, and setitions be received and filed. Seconded by Buol. Motion carried 7-0. PUBLIC INPUT - Discussion on Departments in order as attached, including various items as requested. ENGINEERING: Michelle Burbach of Walker Shoes, spoke suppodJng the reopening of the Plaza. Tory Richter of Dubuque Main Street Ltd., spoke stating that the Plaza should be maintained, but needs a change. Dan McDonald. rep. Chamber of Com?erce. spoke in strong support of opening Eighth St. from Locust to Ceatral, with improvements to the Plaza as a whole. Ben Graham, on behalf of Graham Clothiers, spoke requesting better access to Plaza and that it needs improvements. Steve Sesterhenn, of Cottingham & Butler, spoke requesting the opening of Eighth St. to Iowa or Central Ave., and that improvements need to be made to the Plaza. PARK DIVISION: Ruth Nash spoke in support of the proposed Lores Tot Lot Bob Nesler, 516 Loras Blvd. as owner of the Laundromat, spoke of the need for this Park. Marcia Watson, former owner of the Laundromat. spoke supporting Bob's comments HUMAN RIGHTS: Marcia Watson spoke objecting to the housing renta unit discrimination testing. Phil Wutfekuhle spoke in objection to the testing, stating that the State and Federal Government have testers. Neil Kelly sooke agreeing with the two previous speakers. Kathy Stevens seeke stating that the proposed $1000 for the Testing program is a small amoun~ and should De approved Ruby Sutton spoke of the Special Session, March 4~ 1998 102 inconsistency of questions to possible tenants by landlords and testing should be done as now landlords steer people of color to cartain areas of town. John Herdg spoke objecting to City testing, that it should be done by State and Federal government Kathy Bauefly spoke sta~ng that testing is not education and that they not change the present City's policy on testing. The Public Hearing was closed at 7:44 p.m. Council discussion ensued. Voetberg moved to remove the opening of Main St frcm Eighth to Nir~h Street from the proposed Budget Secondedby Robbins. Carded bythe following motion: Yeas-Mayor Duggan, Council Members Markham, Robbins, Voetberg. Nays-Council Members Buol, Michaiski, Nicholson. Direction was given to Staff to discuss with the property owners to review the amendes in the remaining pla~a. Markham moved to withdraw the proposed $1000 from the Human Rights Dept budget that was to be usedfcr Housing tasting. Seconded by Rabbies. Carded bythe following vote: Yeas-Mayor Duggan, Council Members Buol, Markham, Robbins. Nays-Council Members MichalskJ, Nicholson, Voetberg. Consensus of the iCouncil directed that the Human Rights Dept is to contact the State for Housing testing. RESOLUTION NO.98-98 A RESOLUTION ADOPTING THE ANNUAL BUDGET, AS AMENDED, FOR THE FISCAL YEAR ENDING JUNE 30, 1999 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 Jane 30, 1999, as set forth in the Adoption of Budget and Certification of Taxes summary and suppodJng 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 year is adopted, and the City Cterk is directed to make the filings required by law and to set up the books in accordance With the summary and details as adopted. Passed, approved and adopted this 4th day of March, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, Cfty Clerk Michaiski moved adoption, as amended, of the Resolution. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 99-98 ADOPTION OF FIVE YEAR CAPITAL IMPROVEMENT PROGRAM, AS AMENDED WHEREAS, a recommended five year Capital improvement Program for the period beginning July 1, 1998, and ending June 30, 2003, 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 capital improvement projects; (2) provides estimated costs for those projects; (3) proposes sources of funds for each of them; and (4) schedules the year during which each project will be undertaken; and ' WHEREAS, the cap'r[al 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 ~rudent 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, 1998, sst out in the Fiscal Year t999-2003 Recommended Capital Improvement Budget, as amended, is hereby: appmved, and adopted as the proposed allocation of the City resources for capital Improvements as scheduled in the fears shown, subject to annual review and revision. Passed, approved and adopted thi~ 4th day of March, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michaiski moved adoption, as amended, of the . Resolution. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 100:98 A RESOLUTION APPROVING THE 103 Special Session, March 4, 1998 1999 ANNUAL ACTION PLAN BUDGET FOR THE USE OF PROGRAM YEAR 24 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Whereas, the U. S. Depar[ment of Housing and Urban Development requires each en~ement city to submit an Annual Action Plan. including the proposed use ct n~s Community Development Block Grant funds, at least 45 days pdor to its program year; and Whereas, the City of Dubuque, has, through a series of pubic meetings and hearings, finalized the 1999 Annual Action Plan budge[ addressing both housing and non-housing needs in the. community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the 1999 Annual Action Plan budget for the use of Program Year 24 Community Development Block Grant funds attached hereto as amended, and by this reference made a part hereof is hereby approved by the City Council. Section 2. That the City Council authorizes and directs the City Manager to prepare the complete 1999 Annual Action Plan as per the approved budget and to present said plat to the City Council for final adoption prior to submission to the U.S. Department of Housing and Urban Development. Passed. approved and adopted this 4th day of March, 1998. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Michalski ~noved adoption, as amended, of the Resolu§on. Seconded by Buol. Motion carded 7-0. An Ordinance Amending Code of Ordinances by adopting a new Section 22-201(a), Fixing Water Rates for Residential, Commercial and Industrial and all other uses, eresented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 10-98 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CiTY OF DUBUQUE, IOWA, BY REPEALING SECTION 44-201 ia) FIXING WATER RATES FOR RESIDENTIAL AND INDUSTRIAL USES AND ADOPTING IN LIEU THEREOF A NEW SECTION 44-201 ia}, 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 ia), ofthe code of Ordinances, City of Dubuque, Iowa is hereby repealed. Section 2. The following new Section 44-201 ia) is hereby adopted: *Section 44-201 ia). Residential, CommerciaL, industrial and all other uses. (a) Commencing July 1, 1998, the rams to be charged for water for residential, commercial, industdal and ali other uses and purposes by person, firm or corporation within the city shall be £c~ed and determined as follows: Monthly Charge Per Consumotion Hundred Cubic Feet First 3,000 $1.45 Next 12,000 $1.19 Next 35,000 $1.10 '4ext 50,000 $ .98 '4ext 100.000 $ .84 Rates shall De subject to the following minimum monthly charge according to the size of the meter: Meter Size Minimum Allowance ffnches~ Charee fCubic Feet'~ 5/8 $2.89 200 3/4 $7.23 500 I $11.57 800 1 ~ $37.59 2,600 2 $62.34 4,600 3 $133.48 10,600 4 $205.11 16,800 6 $421.43 38,800 8 5686.40 62,500 Section 3. This ordinance shall take effect on the first day of July, 1998. Passed, approved and adopted this 4th day of March, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 13th day of March, 1998. It 3/13 MaryA. Davis CMC, City Clerk Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior [o the meeting at which it is to be finally passed be suspended. Seconded by BuoL Motio~ carded 7-0. Michaiski moved tina[ consideration and passage of the Ordinance. Seconded by Buo]. Motion carded 7-0. An Ordinance Amending Code of Ordinances by adopting a new Section 44-202 in lieu thereof regarding rules for Fire Sprinkler Service, 3resented Special SesSion, Ma~ch 4,~ ~ 998 104 and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 11-98 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 44-292 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 OF DUBUQUE, IOWA: Section 1. Section 44-202, of the Code of Ordinances, Orb/of Dubuque, Iowa is hereby rePealed. Secton 2. The following new secton 44-202 is hereby adopted: *Section 44-202. Fire Sprinkler Service. (a} Commencing July 1, 1998, the rates to be charged for customers who have fire sprinkler service shall be billed for this service on a monthly basis.. This monthly charge will be included on the customer's regular monthly bill for,which charges are fixed and determined as follows: Number of Heads ,Monthly Charqes Current Proposed Up to 200 (minimum monthly charge) ........................... $8.67 200~300 .................. $10.40 300400 .................. $12.14 400-600 .................. $13.86 600-800 .................. $15.60 800-1,000 ................. $17.34 1,000-1,200 ............... $19.07 1,200-1,400 ............... $20.80 1,400-1,600 ............... $22.54 1,600-1,800 ............... $24.27 1,800-2,000 ............... $26.00 2,000-2,200 ............... $27.74 2,200-2,400 ............... $29.47 2,400-2,600 ............... $31.20 2,600-2,800 ............... $32.94 2,800-3,000 ............... $34.67 3,000-3,500 ............... $36.40 Over 3,500 (for each additional 500 heads or fracton thereot) ..... $1.74 Code 1976, 36-162) Section 3. This Ordinance shalltake place on the first day of July, 1998. Passed, approved and adopted this 4th day of March, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, C~ Clerk Published officially in the Telegraph Herald newspaper this 13th day of March, 1998. I t 3/13 Mary A: Davis CMC, City Clerk Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meefing at which it is to be finally passed be suspended. Seconded by : BuoL . Motion carried 7-0. Micha[ski moved final consideration and passage of the Ordinance. Seconded by Buol. MolJon carried 7-0, There being no further business, Michalski moved to adjourn the meeting. Seconded by BuoL Motion carried 7-0. The meefing adjourned at 8:30 p.m. /s/MaG' A. Day's CMC City Clerk Council Members Attest:. City Clerk ~ 105 Special Session, March 18, 1998 ._ DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session Monday, March 16. 1998 Council Met at 5:30 p.m., Public Library Auditorium ~resent: Mayor Duggan, Council Members Buol, Markham Michalski, Nicholson, Robbins. Voetberg. There was a discussion of Private Streets Poricy and related Text AmendmenT. There being no fur[h&r business upon motion meeting adjourned at 6:30 p.m Map/A. Davis CMC City Clerk Re.qular Session, March 16, 1998 106 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Council Meeting, Regular Session, March 16 1998. Council Met at 7:00 p.m., Public Library Auditorium. Present: Mayor Duggan, Council Members Buol, Markharr., Michalski, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporafion Counsel Barry A. LindahL Mayor Duggan read the cat] and stated this ~s 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 Rev. Madolein Pitka, Associate Pastor of Reekda[e & Center Grove Church. PROCLAMATIONS -- Month of April, 1998 as "Poetry Month" received by Edward Deckert ¥11NUTES SUBMITTED -- Park & Recreation Commissmn of 2-24; Zoning Board of Adjustment of 2-26. presented and read. Voetberg moved that the minutes be received and filed. Seconded by BuoL Motion carded 7-0. Finance Director submitting Financial Reports for month ending 2- 28-98, presented and read. Voetberg moved that the communication be received and tiled. Seconded by BuoL Motion carried 7-0_ Proofs of Publication on oublishing Council Proceedings for meetings of 2- 9,2-16, 2-t~,, 2-23 & 2-26; List of Claims paid and Summary of Revenue for month ending 1-31-98, presented and read. Voetberg moved that the proofs be received and tiled. Seconded by BuoL Motion carried 7-0. NOTICES OF CLAIMS/SU~TS -- Steve Boge in amount of $369.2~1 for propero/ damages; Elizabeth L Gaskies in unknown amount for vadous reasons; Goodwill Industries in amount of $199.10 for vehicle damages; Beckia R. MaKi in unknown amount for vehicle idamages; Robert Roathig in unknown amount for ~ersona] and property losses; St. Matthew Lutheran Church in amount of $238.50 for property damages; Jerome Welsh in amount of $583.68 for vehicle damages, presented and reaa. Voatberg moveQ that the claims and suits be referree to the Legal Staff for investigation and report Seconded by Buol. Motion carried 7-0. Corpor~on Counsel advising following claims have been referred to Pubiic Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool; Car damage of Joseph CulbeKson; Personal injury of Devan Jansen: Vehicle damage of National Fleet Service; Car damage of Lanette A. Vondal. presented and read. Voetberg moved that the communications be received and tiled. Seconded by Buol. Motion carried 7-0. Corporation Counsel recommending settlement of proper~y damage claim of St. Matthew Lutheran Church in amount of $238.50 for property J~amages and direct Finance Director to ~ssue proper check, presented and read. Voetberg moved that ['he communication be 'eceived and filed and settlement approved with Finance Director to issue pro0er check. Seconded ny BuoL Motion carried 7-0. · Janet Marxen, President of Library Board of Trustees advising Piper Kuh[juergen has resigned her seat on the Carnegie-Stout LibCary Board of Trustees, presented and read. Voetberg moved that the communication be received and tiled. Seconded by Buol. Motion carded 7-0. Swiss Valley requesting vacation of Euclid Avenue which is north of their current facility at 3510 Central Avenue. presented and read. Voetberg moved that this ma~ter be referred to the City Manager. Seconded by Buol. Motion carded 7-0. City Manager recommending acceptance of Quit Claim Deed for Union Pacific Raitioae Company properb/ located along Elm Street between 22nd St and 24th St., presented and 'eed Voetherg moved that the communication be received and filed. Seconded by BuoL Motion carded 7-0. 107 Regular Session, March 16, 1998 RESOLUTION NO. 101-98 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON ELM STREET TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into a Letter of Understanding with the Union Pacific Railroad Company on February 3. 1998, pursuant to which the Union Pacific Railroad Company agreed to convey the following legally described properzy to the City of Dubuque, Iowa: All dght title and interest in and to that certain right-of-way of the Union Pacific Railroad Company (formerly Chicago and Northwestern Transportation Corr Deny) in the City of Dubuque,. County of Dubuque State of Iowa, a portion lying in Section 13, Township 89 North Range 2 East, and a pordon in Section 24, Township 89 North Range 2 East, 5th P.M, and being all those parts of Sanford Subdivision to the City of Dubuque and the EH. Langworthy's Addition to the City of Dubuoue as said right-of-way was constructed and operated. The Southern line of said right-of-way being the Northwest right-of-way line of East 22nd Street (formerly Eagle Point Avenue}, the Northern line being the South right-of-way line of East 24th Street (formem/Sanford Stree~). NOW THEREFORE, BE IT RESOLVED BY THE CIT'¢ COUNCIL OF THE CiTY OF DUBUQUE. IOWA: Section 1. The City Council of the City of Dubuque, owe, hereby approves of, accepts an(] consents ro the Quit Clam Deed from the Unio- Pacific Railroad Company, a copy of which is attached hereto. Se~on2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments i~ connection herewith. Passed, approved and adopted this 16th day of March, 1998. Terranca M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 102-98 RESOLUTION ACCEPTING THE DEED TO CERTAIN REAL ESTATE LOCATED IN DUBUQUE COUNTY, IOWA, FROM KENNETH G. AND JANET M. BERGFELD Whereas, the City has entered into an agreement for the purchase of the following describe¢ properly located in Dubuque County, Iowa: -The N ~ of the SE 1/4 Lot 1 of theSE 1/4 of the SE 1/4 and the SW 1/4 of the SE 1/4 of Section 30 Township 89 t North, Range 2 East of the 5th P.M. in / the City of Dubuque, Iowa, according to ~the United States Government Survey and the recorded plat thereof; excepting that portion being used by the railroads; also a right of way described in Right of Way Deed, ~mothy McFadden. et al, to J.C. Smith, April 13 1916, recorded in Book 21 Lds. Page 151, records of Dubuque County, Iowa; subject to easement of record from Kenneth G. Bergfeld and Janet M Bergfe[d; and Whereas, all of the conditions of the Purchase Agreement have been met and Kenneth G. BergfeJd and Janet M. Ber~eld have delivered a Warrant' Deed. a copy of which is attached hereto, to the Cfb~ of Dubuque. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. The City of Dubuque hereby accao[s the Warranty Deed from Kenneth G. Bergfeld and Janet M. Bergfeld, a copy of which is attached hereto. Section 2. The City Manager is hereby authorized and directed execute all documents in connection wfth tne acceptance of such real es[ale, and the City Clerk is hereby authorized and directed to provide a copy of this Resolution to the Dubuoue County Auditor. as required by Code Section 569.7 Passed, approved and adopted this 16th day of March, 1998. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buo[ Motior carried 7-0. RESOLUTION NO. 103-98 RESOLUTION ACCEPTING THE DEED TO CERTAIN REAL ESTATE LOCATED IN DUBUQUE COUNTY, IOWA, FROM WILLIAM A. SlEGERT AND JANET L. SlEGERT Whereas the City has entered into an agreement for the purchase of the following described property located in Dubuque County, iowa: The Southwest Quarter (SW/14), the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) and Lot One (1) of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4}, Reqular Sess|on, 108 all of the Section Thirty-one (31), Township Eighty-nine North (89N) Range Two (2) East of the Fifth P.M.,_in Dubuque County, Iowa, according to Government Survey thereof and subject to highways and easements of record. The Southwest quarter of the Northeast quarter, Lot 1 of Lot 1 of the Northwest quarter of the Northeast quarter, Lot 1 of the East 10 acres of the Northeast quarter of the Northwest quarter, and Lot 1 of Lot 1 of the Southeast quarter of the Northwest quarter of Section 30, Township 89 NoAh, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to Government Survey and the respective recorded plats thereof. Subject to highways and easement of record. The West 30 acres of the North East 1/4 of the NoAh West 1/4; Lot 2 of Lot 1 of the South East 1/4 of the Northwest 1/4; and Lot 2 of the South West 1/4 of the North West 1/4, ail in Section 30, Township 89 North, Range 2 East of 5th P.M., containing 60 acres of land according to Government survey and the recorded plats of said several subdMsions together with a~ !mprovements situated thereon located in Dubuque County, Iowa, and subject to easements of record from William .A. Siegert and Janet L Sieged:;, and Whereas, all of the conditions of the Purchase Agreement have been met and William A. Siegert and Janet L Siegert have delivered a Warranty Deed, a copy of which is attached hereto, to the City of Dubuque; NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1..The City of Dubuque hereby accepts the Warranty Deed from William A. Siegert and Janet L. Siegert, a copy of which is attached hereto. Section 2. The City Manager is hereby authorized and directed to execute all documents in connection w~th the acceptance of such rea] estate, and the City Clerk is hereby authorized and directed to provide a copy of this Resolution to the Dubuque County Auditor, as required by Iowa Code Section 569.7 Passed, approved and adopted this 16th day of March, 1998. Terrence M. Duggan Mayor Attest: MaryA. Days, City Clerk Voatberg moved adoption of the Resdiution. Seconded by Buol. Motion carded 7-0. City Manager requesting amendment to Annual Contributions for Section 8 Housing, presented and read. Voatberg moved that the communication be received and tiled. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 104-98 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED ANNUAL CONTRIBUTIONS CONTRACT FOR SECTION 8 HOUSING VOUCHERS, PROGRAM NO. IA087-V00020 (REPLACING PROGRAM NO. IA05-E087-O08) Whereas, contracts for certain programs under the consolidated Annual Contributions Contract for Housing vouchem are periodically scheduled for expiration,; Whereas, the U.S. Department of Housing and Urban Development has extended these funding commitments through the offering of amended consdiidated contracts; and Whereas, the Department requires execution of these contracts for the Cites administration of these funds. NOW, THEREFORE, BE ' IT RESOLVED BY THE CiTY COUNCIL OFTHE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute an amended Annual Contributions Contract, with the U.S. Department of Housing and Urban Development, for Project No. IA087-V00020, under Master Annual Contributions Contract No. KC-9004E, on behaif of the City of Dubuque. Section 2. This resolution shall take effect immediately. Passed, approved and adopted this 'i6th day of March, 1998. Terrance M. Duggan/Mayor Attest: Mary A. Davis, C~ Clerk Voatberg moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. City Manager recommending approval of Renewal of Section 8 Program Annual Contributions Contract, presented and read. Voetberg . moved that the communication be received and flied. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 105-98 RESOLUTION AUTHORIZING EXECUTION OF A RENEWAL ANNUAL CONTRIBUTIONS CONTRACT FOR SECTION 8 109 Regular Session, March 16, 1998 EXISTING HOUSING CERTIFICATES, PROGRAM NUMBERS IA087- CE0020; 0021; 0022; 0024; 0026;' AND 0027 REPLACING UNIT CONTRACTS UNDER MODERATE REHABILITATION PROGRAiV NUMBERS IA05-K087-001 AND IA05- K087-902 Whereas, contra~s for certain programs under Annual Contributions Contracts for Sectior 8 Programs are periodisally scheduled for expiration; and Whereas, the U.S. Department of Housing and Urban Development extends these funding commitments through the offering of amended consolidated con[rams, extensions or renewal contracts; and Whereas, the Department requires execution of this contract for the City's continued administration of these funds. NOW, THEREFORE, BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a renewal Annual Contributions Contract. with the U.S. Department of Housing and Urban Development, for Project Numbers IA087-CE0020; 0021; 0022; 0024; 0026; anc 0027, under Master Annual Contributions Contract No. KC-9004-E. on behalf of the City of Dubuque. Section 2. This resolution shall take effect immediately. Passed, approved and adopted this 16th day of March, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. City Manager recommending acceptance of improvements for Mama Ridge Estates ¢t2, presented and read. Voetberg moved that the communication be received and tiled Seconded by Buol. Motion carried 7-0 RESOLUTION NO. 106-98 ACCEPTING IMPROVEMENTS IN MARNA RIDGE ESTATES 2 Whereas pursuant to Resolution Nos. 116-93 and 107-96 certain mprovements including street paving, storm sewers, sanitary sewers and watermain and street lighting were installed Dy the developer st Mama Ridge Estates 2: and Whereas, the improvements have been completed and the City Manager ~has examined the work and has filed a certificate stating that the same has been completed in accordance with the · plans approved bytheCityCounc and in conformance with City specifications, and rtss recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvements In Mama Ridge Estates 2 be and the same Is hereby accepted. Section 2. That maintenance of said improvements shall be the responsibility of the contractor and the owner for a period of two years from this date. Passed, approved and adopted this 16th day of March, 1998. Temance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. City Manager recommending approval of agreement with IA Dent. of Public Health funding, presented and read. Voetberg moved that the communication be received and filed. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 107-98 A RESOLUTION APPROVING AGREEMENTS WITH THE IOWA DEPARTMENT OF PUBLIC HEALTH FOR FUNDING A LOCAL HIV/AIDS PREVENTION PROGRAM AND THE DUBUQUE VISITING NURSE ASSOCIATION TO CARRY OUT THE HIV/AIDS PREVENTION PROGRAIV ACTIVmES. Whereas, the Iowa Department of Public Health has offered [o Provide financial support for local AIDS Programs in the City of Dubuque; anc Whereas the City of Dubuque desires to establish and maintain such local AIDS Prevention Programs; and Whereas the City of Dubuque desires to subcontract wffh the Dubuque Visiting Nurse Association for providing services to carry out the H]V/AIDS Prevention Program, a copy of which is attached hereto; and Whereas the Iowa Department of Public Health has presented the City Health Services Depar[ment a Regular Session, March 16, 1998 [10 proposed agreement for funding, a copy of which is attached hereto. NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That+he City of Dubuque, Iowa, hereby approves the attached HIV/AIDS Prevention Program agreement between the iowa Deparbment of Public HeaFah and the City of Dubuque, Iowa. Section 2. That +he City of Dubuque, Iowa, hereby approves the attached agreement between the City of Dubuque and the Dubuque Nurse Association. Section 3. That the City Manager is hereby author'~ed and directed to execute said agreements on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of March, 1998. Terrance M. Duggan, Mayor Attest: Map/A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. Copy of letters to Area Legisiatora regarding cer[ain legislation, presented and read. Voetberg moved that the communication be received and flied. Seconded by Buol. Motion carried 7-0. CH Manager requesting publication of Notice of finding of no significant impact on Environment for Lead Based Paint Hazard Reduddon Program, presented and read. Voetberg moved that the communication be received and filed. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 108-98 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 LEAD-BASED PAINT HAZARD REDUCTION GRANT PROGRAM Whereas, the City of Dubuque has entered into a Grant Agreement with the U.S. Depar[ment ~f Housing and Urban Development Lead Based Paint Hazard Control Grant Program providing for grant and deferred- payment-payment loans to remove lead paint hazards from residential structures; and Whereas, pursuant to the roles and regulafions as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the hereinafter listed project; and Whereas, based on said environmental review, the City of Dubuque Housing Services 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 Enviranmenff' and of "intent to Request Release of Funds" for said project will be sent by regular ma~ to vadous federal, state and lesal public ; agencies; to the apprepdate Regional Office of the Envirenmental Protection Agency, to'the HUD Area Office and to the Ioca~ 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 Certifcation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the CH Clerk be and is hereby authorized and directed to ~ublish a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to ~equest Release of Funds for the .ead-Besed Paint Hazard Reduction Grant Program and to make the Envirenmental Review Record for said project available for public inspection and comment until'4:30 p:m. on April 6, 1998. Such notice 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 31aced on file in the Office of the City Clerk and Housing Services Department where said record may be examined and copied by any interested party. Section 3. That the Mayor of the CH of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Development fifteen (15) days after )ublication of appropriate notice a Request for Relesse of Funds to undertake the said project Section 4. That the Mayor of the City of Dubuque is hereby a~horized to consent to assume the status of a responsible federal o~cial under the National Environmental Protection Act, 111 Regular Session, March 16, 1998 nsofar as the provisions of the saic Act apply to the U.S DeDarbment of -tousing and Urban Deve~oement responsibilities for review, decision making, and acfio~ assumed and carried out by the City of Dubuque as to environmental issues. Section 5. That the Ma.,'or of the City of Dubuque is hereby authorized to consent 3emonally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an acfion is brought to enforce responsibilities in relation to environmental review, decision making and action. Section 6. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. Passed. approved and adopted this 16th oay of March, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, C~ Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Mo'don carried 7-0. City Manager requesting publication of Notice of finding of no significant impac[ on Environment for HOME investment Partnershio Program, presented and read. Voetberg moved that the communication be received and filed. Seconded by BuoJ. Motion carried 7-0. RESOLUTION NO. 109-98 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 HOME INVESTMENT PARTNERSHIP PROGRAM Whereas, the City of Dubuque will enter into a contract and Funding Agreement providing for financial assistance with the Iowa Department of Economic Development for an award of funds under Title ii of the Cranston- Gonzalez National Affordable Housing Act of 1990, as amended; aaa Whereas, pursuant to the rules and regulations as 3rcmulgated by[he Iowa Department of Economic Development (IDED), for the HOME Investmen[ Partnership Program. the Housing Services Department has after due consideration, determined that the project is not a major federal acfion -significantly affecting the oual/ty of the human environmenT. - Whereas, based on said environmental review, the City of Dubuque Housing Services Department has determined that said project wilt have no significant impac'[ on me environment; anc~ 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 ma~ to vadous federal, state aaa local public agencies; to the approp~ate Regional Office of the Environmental Protection Agency, to the HUD Area Office and to the local news media, indMduals and groups <hewn to be interested and believed to De appropriate to receive such a notice; and Whereas, any and all commen[s 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 C~, Clerk be and is hereby authorized and directed to publish a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Reauest Release of Funds for the HOME Investment Partnership Program and to make the Environmental Review Record for said project available for public inspection and comment until 4:30 p.m. on Apdl 6 ,1998. Such notice shall be in the form of Exhibk "A" attached hereto and made a part hereof. Sectior 2. That the envlronmentai review record for the project shall be placed on file in the Office of the City Clerk and Housing Services Department where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is hereby authored and directed to submit to the Iowa Department of Economic 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 authorized to consenl to assume the status of a responsible federal official under the Naticna~ Environmental Protection Act, insofar as the provisions of the said Act apply to the Iowa Department of Reqular Session, 112 Economic Development responsibilities for review, decision making, and action assumed and carded out by the Ctiy-of Dubuque as to environment'a[ issues. Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the judsdictJon of the federal courts if an action is brought to enforce responsibilities in relation to environmental review, decision making and action. Section 6. That the Mayor of the City of Dubuque be and he is hereby author~ed and directed zo execute a certification pertaining to the environmental review procedures. Passed. approved and adopted this 16th day of March, 1998_ Terrsnca M. Duggan, Mayor Attesl: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Dual. Motion carded 7-0. City Manager submitting Adopted Fiscal Year 1999 Budget Summaries, presented and read. Voetberg moved that the communication be received and tiled. Seconded by Dual Motion carried 7-0. Diamond Jo Casino requesting fireworks display on Sunday, May 31st at approx. 9:00 p.m. with June 1st as alfematJve dats, presented and read. Voetberg moved that the request be referred to City Manager. Seconded by Dual. Motion carried 7-0. An Ordinance Amending Chapter 44, Utilities, Section 44-55, Abandonment of Private On-Site Sewage Treatment and Disposal System upon availability of Public Sewer, first reading only given on 3-2-9£, now presented for further action. Voetberg moved [hat this be considered the second reading of the Ordinance. Seconded by BuoL Motion carded 7-0. An Ordinance Establishing the Stout Place Urban Revitalization Area as an Urban Revitalization Area pursuant to Chapter 404 of the Cede of Iowa, first reading gi?n on 1-19-98; seconc reading given on 3-2-9~,, now presented for further action. (OFFICIAL PUBLICATION} ORDINANCE NO. 12- 98 AN ORDINANCE ESTABLISHING THE STOUT PLACE URBAN REVITALIZATION AREA AS AN I URBAN REVITAUZATION AREA PURSUANT TO CHAPTER 404 OF THE CODE OF IOWA. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 'OF THE CITY OF DUBUQUE, IOW. A: Section 1. That the Staut Place Urban Revitalization Area as hereinafter described shall hereafter be designated an urban revitalization area pursuant to Chapter 404 of the Code of Iowa 1997, to wit: South ~ of City Lot 167, City Lot 168 and City Lot 168A all in Sec~on 24, Township 89 North, Range 2 Eas[ 5th P.M., Dubuque, County, Iowa Sec'don 2. That the Stout Place Urban Revitalizador Area Plan as hereto attached is hereby adopted and approved and the propedJes within said described area shall be subject to the provisions of said Plan. Sectior. 3. That the Stout Place Urban Revitalization Area Plan shall hereafter be on file in the City Clerk's Office, Cb Hall, Dubuque, Iowa PASSED, APPROVED and ADOPTED this 18th day of March, 1998. Torrance M. Duggan, Mayor ATTEST: Mary A. Davis, City Clerk Published \officially in the Telegraph Herald newspaper this 23rd day of March, 1998. Mary A. Davis CMC. City Clerk 1 t 3/23 Voatberg moved tinal consideratior and passage of the Ordinance. Seconded by Dual Moficn carded 7-0. Human Rights Director. Elizabeth Creger, subm~ng copy of communication submitting to Iowa CiviJ Rights Commission requesting they conduct housing tests in Dubuque, presented and read. Voetberg moved that the communicafion be received and filed. Seconded by Dual Motion carded 7-0 City Manager recommending approval of a Down~owr Rehabilitation Loan to Don Junk for reeavaUon of the Atiast Fluid Company, presented and read. Voetberg moved that the communication be received and filed. Seconded by Dual. Motion carded 7-0. RESOLUTION NO. 110-98 A RESOLUTION AUTHORIZING A LE'FrER OF COMMITMENT AND ADDITIONAL ACTIONS i CONCERNING A DOWNTOWN REHABILITATION LOAN TO DON D. 113 Regular Session, March 16, 1998 JUNK Whereas the City of Dubuque, Iowa, has created s Downtown Rehabilitation Loan Program for the purpose of stimulating reinvestment in the Downtown Dubuque Urban Renewal District; Whereas. the City of Dubuque, Iowa, is encouraging the use of this can program to finance code compliance activities and to spur job creation activities; and Whereas, the loan application from Don D. Junk meets the requirements of this program; and Whereas. a Commitment Letter. hereto attached and by this reference made a par[ hereof sets forth the terms and conditions of Don D. Junk's' participation in the Downtown Rehabilitation Loan Program. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of Don D. Junk for pantJaipation in the Downtown Rehabilitation Loan Prograrr is hereby accepted ana approved. Section 2. That the Mayor is hereby authorized m execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Commitment Letter and to forward said letter to Don D. Junk for review and approval. Section 3. That the City Manager be aaa he is hereby directed to prepare, upon execution and receipt of the attached Commitment Letter by the applicant me necessary loan documents n accordance with the terms and conditions set forth in said Commitment Letter. Section 4. That the City Manager is hereby authodzedm execute on behalf of the City Council of the City of Dubuque, Iowa, all necessary loan documents and is fur[her authorized to disburse loan funds from the Downtowr, Rehabilitation Loan Program, accordance with the terms anc conditions of the executed agreement. Passed. approved and adopted this 16th day of March, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moves adoption of me Resolution. Seconded by BuoL Melior carried 7-0. RESOLUTION NO. 111-98 NOW. THEREFORE, BE IT ~ESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE. IOWA: That the following having complied -with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Libby Streinz Dubuque Discount Gas. mc 4110 Dodge Si Passed. approved and adopted this 16th day of March, 1998. Terrance M. Duggan, Mayor Attest: Mary A: Davis. City Clerk Voetberg movec adopOon of the Resolution. Seconded by BuoL Motion camed 7-0. RESOLUTION NO. 112-98 Whereas, applications for Beer Permits have been submitted and filed to this Counci; for approval and the same have been examined and approved; and Whereas the premises To be occupied by such applicants were inspected ane found to comply with the Ordinances of this City and nave filec 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 following named applicants a Beer Permit CLASS 'C' BEER PERMIT Libby Jean Strainz Dubuoue Discount Gas, inc. +(Sunday Sale) 4110 Dodge St ArCon Inc. Arby's Q-Mart +(Sunday Sale) 10 Main St Passed. approvea and adopted this 16th day March, 1998. Torrance M. Duggan, Mayor Attest: MaryA Davis, City Clerk Voetberg moved adopfion of the Resolution. Seconded by Buol. Motion carded 7-6. RESOLUTION NO. 113-98 Whereas applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the Manager be authorized to cause to be issued the foilowin_c named applicants a Liquor License. Re.qular Session, March 1611998 114 CLASS "B" (HOTEL/MOTEL) BEEPJLIQUOR LICENSE Dubuque Historic Improvement Co. - The Redstone Inn+ (Sunday Sale) 504 Bluff CLASS "C"(COMMERCtAL) BEEPJLIQUOR LICENSE The Yardarm Inc. Yardarm ResL/Bar + (Sunday & Outdoor) 1201 Shiras Ext Dbq Fraternal Order Eagles,568 Eagles Club+{Sunday Sale) 1175 Century Dr Neighbor's inc. Neighbor's Tap 1899 Rockdale Galaxies, Inc. Galaxies + (Sunday Sale) 3203 Jackson St Passed, approved and adopted this 16th day of March, 1998. Torrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. BOARDS AND COMMISSIONS: individuals interested in serving on various Boards/Commissions to address the Council advising of their intent to serve. CIVIL SERVICE COMMISSION: Applicants: Merle Duehr, Loras Kluesner, Thomas Rav~on and Gary Scoggin. Merle Duehr spoke. BOARD OF APPEALS - BUILDING CODE: Applicant Tim Pancratz. Tim Pancratz spoke. LIBRARY BOARD: Applicants: J. L. Felderman, Kelly Sebastian, Mary Strata. Mary Strata & Kelly Sebastian both spoke. Appointment to be made to the following: ELECTRICAL CODE BOARD: Applicant: Elaine Reiss. Michaiski moved that Elaine Reiss be appointed to the Elec~cal Code Board, as an Electrical Engineer, to serve an unexpired three year term which will expire 5-21-99. Seconded by Nicholson. Motion carded 7-0. Robbins moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Buel. Motion carded 7-0. An Ordinance Amending Zoning Ordinance No. by adopting a new Section 4-3.11 Schedule of Sign Regulations for the C~4 and C-5 Zoning Districts in lieu thereof, pertaining to the adoption of Freestanding identification Signs in the C-5 Zoning District, first & second readings given on 2-16-98, then Tabled at meeting on 3-2-98, now presented for further action. Buol moved to remove the Ordinance from the table. Seconded by Robbins. Motion carded 7-0. Lamj We'~ requested approval of the Ordinance. Dave Adams of Adams 76 requested approval. {OFFICIAL PUBLICATION) ORDINANCE NO. 13-98 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY REPEALING SECTION 4-3.11 SCHEDULE OF SIGN REGULATIONS FOR THE C-4 AND C-5 ZONING DISTRICTS, AND ADOPTING SECTION 4-3.11 SCHEDULE OF SIGN REGULATIONS FOR THE C-4 AND C-5 ZONING DISTRICTS IN LIEU THEREOF, PERTAINING TO THE ADDITION OF FREESTANDING IDENTIFICATION SIGNS IN THE 0-5 ZONING DISTRICT. 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 repealing Section 4-3.11 Schedule of Sign Regulations for the C-4 and C~5 Zoning Districts, and adopting the following new Section 4- 3.11 Schedule of Sign Regulations for the C-4 and C-5 Zoning Districts in lieu thereof, pertaining to the addition of freestanding identification signs in the C-5 Zoning District, as shown on Exhibit A. Section 2. This ordinance 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. Passed, approved and adopted this 16th day of March, 1998. Terranca M. Duggan, Mayor Attest MaryA. Davis, City Clerk Published officially in the Telegraph Herald newspapeE this 25th day of May, 1998. Mary A. Davis CMC, City Clerk 1 t 3/25 Markham moved to amend the 115 Regular Session, March 16, 1998 OrdinAhce as recommended by Staff. Seconded by Robbins. Motion carded 7-0. Duel moved final consideration and passage of the Ordinance, as amended. Seconded by Robbins. · Motion carded 7-C. Public Headng regarding Assessmen[ of License Penates for Tobacco Violators - Martin Auto Magic, 2175 Central Ave.; Eagle Food Center ¢320, 2050 JFK Rd.: Fat Tuesday's, 1121 University Ave.; KWIK Slop Food Mart. 2297 University Ave.; Asbury Fast Stop, 3300 Asbury Rd. and Casey's General Stere, 4003 Peru Rd., presented and read. Voetberg moved that the recommendations for £he assessments be approved. Seconded' by Michalski. Motion carded 7-0. Proof of pub[icabon certified to by the Publisher on Notice of Public Hearing to consider an Ordinance reclass~ing properly located East and West of Seippe] Road and North of the County Farm from AG to PUD District, City Manager recommending to prohibit off-premise signs from the Dubuque Industrial Center West, presented and read. Michalski moved that the proof and communication be received and filed. Seconded by Robbins. Motion carded 7-0. Steve Hardie. representing Frank Hardie AdveCdsing, spoke objecting to prohibition of off-premise billboards. Rick Dickinson spoke ~n agreement with City staff. An Ordinance Amending Zoning Map by reclassifying property located East and West of Seippel Road and North of the County Farm from AG Agricultural Distdc~ Ia PUD Planned Unit Development District with a Pi Planned Industrial District Designation and adopting ~ Conceptual Development Plan. with Conditions, for the Dubuque Industrial Center West, first & second readings given on 2-16-98. now presented for further action. (OFFICIAL PUBLICATION} ORDINANCE NO. 14-98 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED EAST AND WEST OF SEIPPEL ROAD AND NORTH OF THE COUNTY FARM FROM AG AGRICULTURAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A Pi PLANNED INDUSTRIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS, FOR THE DUBUQUE INDUSTRIAL CENTER WEST. 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 properzy from AG Agricultural Distdct to PUD Planned Unit Development District with a :J Plannec Industrial designation and adopting a conceptual develoement plan, a copy of which is attached to and made a part hereof, with conditions, for the Dubuque Industrial Center West as stated below to wit: The NW 1/4 of the SW 1/4, Lot 1-1 of the SW 1/4 of SW 1/4, and that part of [ne NE 1/4 of the SW 1/4 and Lot 1-I of the SE 1/4 of the SW 1/4 described as follows: Beginning at the NW comer to the NE 1/4 of the SW 1/4: thence N 90 degrees E. 733 feet along the northern boundary of the NE 1/4 ofthe SW 1/4; mence S 13 degrees E, 591 feet; thence S 29-3~4 degrees E, 100 feet: thence S 3~ degrees W, 1~g44 feet to the intersection with the southerly boundary of Lot 1-1 of the SE 1/4 of the SW 1/4; thence eastedy 336 feet along the southern boundary of Lot 1-1 of the SE 1/4 of the SW 1/4 on a 2,654 foot 'adius curve with a central angle of 7 1/4 degrees; thence N 6~ degrees W, 413 feet along the eastern boundary of Lot 2-1 of the SE 1/4 of the SW 1/4; ~ence S 87 degrees W, 380 feet along the northern boundary of Lot 2-1 of the SE 1/4 of the SW t/4; thence S 27 degrees W 50 feet along the northern boundary of Lot 2-1 of the SE 1/4 of the SW 1/4; thence S 87~ degrees W, 35 feet along the northern bounaary of Lei 2-1 of the SE 114 of the SW 1/4; tothe intersection with the SW corner of Lot 1-1 afire SE 1/4 of the SW 114; thence N 0 ¼ degrees E, 971 feet to the intersection with the NW corner of Lot %1 ofthe SE 1/4 of the SW 1/4; thence k[ 0 ~ degrees E, 971 feet to the intersection with the NW corner of the NE 1/4 of the SW 1/4, thence S 0 ~ degrees W, 1,325 to the point of the beginning, all in Section 30, Township Reqular Session, March 16, i998 89N, Range 2 E of the Fifth Principal Meridian, Dubuque County, Iowa. Also Lot I ofthe NE 1/4 of the SE 1/4, and commencing at the NE corner ef Lot 1-1-1 of the SE 1/4 of the SE 1/4; thence: S 0 degrees.W, 562 feet to the point of intersection with the NE comer of LCt 2~1-1 oftbe SE 1/4 oftbe SE 1/4; thence N'89 degrees W, 763 feet to the point of interse~on with the NVV corner of Lot2-1-1 of the SE 1/4 of the SE 1/4; thence N 89 degrees W, 574 feet to the point of intersection with the wesl boundary of Lot 1-1-1 of the SE 1/4 of the SE 1/4; thence N 0 ~ degrees E, 529 feet along the west boundary of Lot 1-1-1 of the SE 1/4 0fthe SE 1/4 to the point of intersecfion with the SW corner of Lot 1 of the NE 1/4 of the SE 1/4; thence N 89 ~ degrees E, 1,334 feet along the southern boundary of Lot 1 of the NE 1/4 of the SE 1/4 to the point of beginning; Section 25 Township 89N, Range 1 E of the Fifth Principal Meridian, Dubuque County, Iowa. Ail bearing and distances in this description are approximate and for the purpose of the Planned Unit Development zoning only. Final bearings and distances of the legal boundary will be shown on the final subdivision plat. Sec~on 2. Attached hereto and made a part of this zoning reclassification approval is the Conceptual Development Plan for the Dubuque Industrial Center West Planned Unit Development, marked Exhibit A. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compstJble with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the relationship of land uses to the general plan framework, and the development requirements shall be used as the implementation guide: Section 3. Pursuant to Iowa Code Section 414.5 (1993), and as an express condition of the reclassification, 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. Definiti0 fl~, 1. Building Related Features Building related features are defined as all constructed items which rise above the grade surface of the lot. These 116 !include: a. The primary building: b. Ali accessory or secondary buildings. c. All exterior storage areas. d. Extedor refuse collection areas. e. Exterior mechanical equipment. f. Containerized er tank storage of liquids, fuels, gases, and other matadals. 2. Vehicle Related Features Vehicle related features are defined as all areas used for the movement and parking of all vehicles within the lot These include: a. Employee and visitor parking spaces. b. Driveways from the street right-of- way line to and from parking spaces. c. Loadin¢ spaces outside of the building. d. Maneuvering space and driveways to and from loading spaces. e. Parking spaces for company owned commercial vehicles. f. Fire lanes. 3g~ Railroad tracks. Open Space Features Open space features are defined as those exterior areas and developed features of the lot which include: a. Landscaped space containing lawn areas and plantings. b. Paved, hard-surfaced, pedestrian areas such as walk'ways, plazas, entryways and courtyards. c. Surface storm water detention areas not otherwise used for building related or vehicle related purposes. d. Open recreation areas and recreational trail. e. Other non-building and non-vehicular related space. B..Use Reeulations The following regulations shall apply to all uses made of land in the above described PUD District ~ General Purpose and Description. Zone A is intended to provide for 'a limited amount of commercial development that wilt serve industrial park employees with daily commercial and sedco needs. The development of Zone A shall resemble a small shopping center with shared access, parking and signage to )remote a unified commercial appearance. Exterior storage is )rohibited. 1) Principal permitted uses shall be limited to: a) Public or quasi-public u~l~es and facilities-J47]. b) Business se~ces-[29]. c) Gas station/convenience/car wash- [17] and [18]. 117 Regular Session, March 16, 1998 d) Laundry/dry cleaner-ii9]. el indoor restaurant-j30]. f} Drive-in/carry-out restaurant-[28]. g) Drive-ut automated bank teller-J8]. h) Banks. savings and loans and credit unlons-[31]. I) Group aay care center-[8]. [ ] Parking group--see Section 4.2 of the Zoning Ordinance 2) Conditional uses reserved for future 3) Accessory uses shall be limited to the following: a) Any use customarily incidental and subordinate to the principal use it 4) Temporary uses shall ~e limited to the following: Any use listed as a permitted use w~hin the PUD District of a limited duration as established in Section 2-5.3 and as defined in Section 8 of the Zoning Ordinance. ~ General Purpose and Description. Zone B is intended to provide for a variety of uses primarily involving light manufac~unng, assembly and fabrication warehousing, wholesaling, office uses and business services. Exterior storage is prohibited. 1) Principal permitted uses shall be limited to: a) Railroads and aublic or quasi-public utilit es-[47]. b) Corporate offices-ii4] c) Medical/dental lab-[8]. d) MaiForder houses-J23]. e) Printing and publishing-J32]. t) Laboratories for research and engineering-J33]. g) Wholesale seles/d{stributor-[2g]. h)Vending/game machine sales/service-ii9]. I) Cold storage/locker plants-ii5]. j) Packing and processing of meat. dairy or food products, not to inelude stockyards or slaughter houses-J33]. k) Tool, die, and pattern making-J33]. I) Manufacture, assembiy, repair or storage of electdca' and electronic products, components or equipment- [33]. m) Warehousing and s~orage facflites not to include mini-warehouses-J33]. n) Manufacturing, processing, fabrication, assembling, packaging or otner comparable treatment of goods or materials, entirely within enclosed buildings-J33]. [ ] Parking group-See Section 4.2 of the Zoning Ordinanee. 2) Conditional uses shall be limited to the following: a) Day care center within a primary office]industrial building or as an accessory structure on the same lot. Day care centers are subject to state -and local regulations. 1) Indoor floor area (excluding hails and bathrooms) must be provided per child in areas occupied by cribs as per State code: 2) indoor floor area (excluding hells and bathrooms) must be provided Der child in areas not occupied by cribs times the licensed capacity as per State code; Fenced recreation space per child using the space at a given time as per State code: 4). Such facility shal provide fo- the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 5) All licenses have been issued or have been applied for awaiting the outcome of the Board's decision: 6) No group day care center may be located within the same structure as any gas station, bar/tavern, automated gas station o~ any facility selling, se~cing, repairing or renting vehicles; 7) The parking group requirements can be met-[8]; 8) The conditional use applicant certifies that the premises on which the group day care center will be located comolies with, and will for so long as the group day care center is so located, continue to comply with all local, State and Federal regulations governing hazardous substances, hazardous wastes, and hazardous materials, including but not limited to iowa Code chapter 455B (1991); 42 U.S.C section 9601 of the Federal Comprehensive Environmenta Response Compensation, and Liability Act; 40 C.F.R. section 302.4; and section 302 of the Superfund Amendments and Reauthorization Act of 1986; and 9) If the applicant is subject to the requirements of section 302 of the Superfund Amendments And Reauthorizatlon Act of 1986, the Emergency Management Director shall certs whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on tee premises, if any such extremely hazardous substances are kept or stored on the premises, the applicon1 shall also post ~n a conspicuous place On the premises a notice indicating a descdction of the extremely hazardous substances and the physical and health hazards presented by such substances. 3) Accessory uses shall be limited to Reqular Session~ March i6,1998 118 the following: a) Retail ou'dets within a primary office/industrial . building, selling products produced on-site and only as accessory to the prinelpal use. b) Any use customarily incidental and subordinate to the principal use it 4} Temporary uses shall be limited to the following: Any use listed as a permitted use within the PUD Distdct of a limited duration as established in Section 2-5.3 and as defined in Section 8 of the Zoning Ordinance. Zone C: Genera/ Purpose and Description. Zone C is intended to provide for a variety of uses primarily involving light manufacturing, assembly and fabricatior,, warehousing, wholesaling, and office uses. Extedor storage is aliowec, provided it is screened from view. 1) Principal permitted uses shall' be limited to: a) Railroads and public or quasi-public utilities-J47]. b) Corporate offices-ii4]. c) Medical/dental d) Mall-order houses-J23]. e) Printing and publishing-J32]. f) Laboratories for research and engineering-[33]. g) Moving/storage faellflies-[33]. h) Whdiesale eales/distributar-29]. I) Freight transfer facilities-J44]. j)Vending/game machine sales/se~ce- [19]. k) Cald storage~acker I~anta-[15]. I) Packing and processing of meaT, dairy or food products, not to inelude stockyards or slaughter houses-J33]. m) Tool, die, and pattern making-J33]. n) Manufacture, assembly, repair or storage of eieatfical ane electronic products, components or equipment- [33]. o) Warehousing and storage facilities, not to inelude mini-warehouses-J33): p) Manufacturing, processing, fabrication, assembling, packaging or other comparable treatment of goods or materials, enfire~y within enclosed balldings-[33]. [ ] Parking group-See Section 4.'2 of the Zoning Ordinance. 2~ Conditional uses shall be limited ta the following: a) Day care center, within a primary office/industrial building ar as an accessory structure on the same lot. Day care centers are subject to state aha local regulations. 1) Indoor lleer area (excluding halls and bathrooms) must be provided per child in areas occupied by cribs as per State code; 2) Indoor-floor area (excluding halls and bathrooms) must be provided per child in areas not occupied by cribs times the licensed capacity as per State code; 3) Fenced outdoor recreation space must be provided per child using the space at a given time as per State code; 4) Such facility shali provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 5) All licenses have been issued or have been applied for awaiting the outcome of the Board's decision; 6) No grodp day care center may be located within the _same structure as any gas station, bar/tavern, automated gas station or any facility selling, se~vielng, repairing er renting vehicles; 7) The parking group requirements can be met-[8]; 8) The cond~onal use applicant cerlJfies that the premises on which the group day care center will be located complies with, and will for so long as the group day care center ~s so located, continue to comply with all local, State and Federal regulations governing hazardous substances, hazardous wastes, and hazardous matarials, including but not limited to Iowa Code chapter 455B (1991); 42 U.S.C section 9601 of the Federal Comprehensive Environmental Response Compensation, and Liability Act;, 40 C.F.R. section 302.4; and section 302 of the Superfund Amendments and Reauthorization Act of 1986; and 9) If the applicant is subject to the requirements of section 302 of the Superfund - Amendments And Reauthorization Act of 1986, the Emergency Management Director shall certEy whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the Premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. 3) Accessory uses shall be limited to the following: a) Retail outlets within a primary o/rice/industrial building, selling proc~ucts produced on-site and only as accessory to the principal use. Regular Session, March 16, 1998 b) Any use customarily incidental and subordinate to the orincipal use it 4) Temporary uses shal, be limited to the following: .Any use listed as a permitted use within the PUD District of a limited duration as established in Section 2~5.3 and as defined in Section 8 of the Zoning Ordinance. Zone D. General Purpose and Description Zone D is intended to provide appropriate locations for heavy industrial uses. Extedor storage is allowee provides it is screened from view 1) Principal permitted uses shall 3e limited To: a) Railroads and ~ublic or quasi-public' utilities-J47]. b) Corporate offices-ii4]. c) Maikorder houses-J23]. d) Printing and publishing-J32]. e} Laboratories for research or engineedng-[33]. f) Moving/storage faci(ities-[33]. g) Wholesale sales/distributor-J29]. h} Freight transfer facilities-J44]. t) Fuel and ice dealers-[33]. j) Cold storage/locker plants-ii5]. k) Packing and processing of meat, dairy or food products, qot to include stockyards or slaughter houses-J33]. i) Compounding, processing and packaging of chemical products-J33]. m) Manufacture assembly, repair or storage of electrical and erectronic products, components or equipment- [33]. n) Warehousing and storage facil~es not to include minkwarehouses-[33]. o)Manufactudng, processing, fabrication, assembling, packaging or other comparable treatmanz o~ goods or mateitais, entirely within enclosed buildings-[33]. [ ] Parking group-See Section 4.2 of the Zonin~ Ordinance. 2] Conditional uses shall be limited to the following: a) Day care cenzer, within a pnmary office/industria~ building or as an accessory struc[ure on the same lot. Day care centers are subject to state and local regulations. 1) Indoor flee- area [excluding halls and bathrooms) must be provided per child in areas occupied by cribs as per State code' 2) Indoor floor area (excluding halls and bathrooms] must be provided per child i~ areas not occupied by cdbs times the licensed capacffy as per State code: 3) Fenced outdoor recreation space 'must be provided per child usin9 the space at a given time as per State code; 4) Such facility shall provide for the leading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 5) All licenses have been issued or have been applied for awaidng the outcome of the Board s decision 6) No group day care center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; 7) The parking group requirements can be met-[8]; 8)The conditional use applicant certifies that the premises on which the group day care center will be located complies with. and wil! for so long as [he group day care center is so Iocareo. continue to comply with all local, State and Federal regulations governing hazardous substances, hazardous wastes, and hazardous materials. including Dui not limited to Iowa Code chapter 455B [1991); 42 U.S.C sectio[ 9601 of the Federal Comprehensive Environmental Response ComPensation, and Liability Act; 40 C.F.R. sec'don 302.4; and section 302 of the Superfund Amendments and Reauthstization Act of 1986; and 9) If the applicant is subject to the reouirements of section 302 of the Superfund Amendments And Reauthorization Act of 1986. the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are keet or stored on the premises, the applicant shall also post in conspicuous place on the premises a notice indicating a description of the extremely hazardous substances and the physical and health hazards presented by such substances. 3) Accessory uses shall be limited to the following: a) Retail ou'dets withir a primary office/industrial building, selling products produced on-site and only as accessory to the principal use. b) Any use customarily incidental and subordinate to the pnnc~pal use it serves. 4} Temporary uses shall be limited to the following: Any use listed as a ~ermittad use within the PUD District of a limites duration as established in Section 2-5.3 Reqular Session, March 16, ~1998 ] 70 and as defined in Section 8 of the Zoning Ordinance. Zone E: Genera/ Purpose and Description. Zone E is intended to provide a Iocatice for businesses that require exterior handling or storage of materials or equipment. Extedor handling or storage is allowed, provided it is screened from view, except along Seippel Road, where it is prohibffed. 1) Principal permitted uses shall be limited to: a) Public or quasi-public utit~es-[47]. b) Corporate offices-ii4]. c} Mail-order houses-[23]. d) Printing and publishing-[32]. e) Laboratories for research or engineenng-[33]. f) Moving/storage facilitiss~33]. g) Wholesale s ales/disb'ibut o r-[29]. h) Freight transfer faallities-[44], I) Fuel and ice dealers-J33]. j] Cold storage/locker plants-ii5]. k) Packing and processing of meat, dairy or food products, not to include stockyards or slaughter houses-J33]. I)Compounding, processing and packaging of chemical products-J33]. m) Manufacture, assembly, repair or storage of electrical and electrenic products, components or equipment- [33]. n) Warehousing and storage facilities, not to include min/-warehouses-[33]: o) Manufac~ring, processing, fabrication, assembling and packaging or other comparable treatment of goods or msterials-[33]. p) Contractors shop/yard-J33]. q) Recybling industries entirely within enclosed buildings with no outdoor storage-j44]. r) Timber processing-J44]. [ ] Park/rig group-See Section 4.2 ~fthe Zoning Ordinance. 2) Cond~ona[ uses reserved for future use. 3) Accessory uses shall be limited to the following: a) Retail o~ets within a primary office/industrial building, selling products pmducad on-site and only as accessory to the principal use it serves. b) Any use customarily Jnaldental and subordinata to the pdncipel use it serves. 4) Temporary uses shall be limited to the fallowing: Any use listad as a perm~ed use within the PUD District of a limited duration as ~stablished in Section 2-5.3 and as defined in Section 8 of the Zoning Ordinance. Zone O: General Purpose and Description. Zone O is intended to serve as an amenity to the industrial park, providing an open space area and control of storm water to protect downstream proper/es. '1) Principal permitted 'uses shall be limited to: a) Ra~roads and public or quasi-public utilities-J47]. b) Parks, nature areas, playgrounds. and sim~ar recreational uses-J47]. c~, Picnic areas-[47]. d) Recreational trails-[47]. e] Club houses, shelter houses, tennis courts, or ~laygreund equipment, or other recreational buildings and structures when associated with parks, nature areas, playgrounds, recreational facilities-[4Tj. t) Construction of dams, reservoirs, or detention ponds-iN/Al. 2) Conditional uses reserved for future usa, 3) Accessory uses shall be limited to the following: a) Any use customarily incidental and subordinate to the principle use /t serves. 4) Temporary uses reserved for future C. Lot and Bulk Requlations Development of land in Zones A B, C, D, E and O shall be regulated as follows: 1) Ali bdiidings, structures and activi§es shall be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of the PUD Distdc~ regulations of this ordinance and of Section 3-5.5 of the Zoning Ordinance. 2) All building ralatad features in Zones A, F~, C, D, E and O shall be in accordance with the fditowing bulk regulations chart: Regular Session, March 16, 1998 - 0 foot side yard setbacks from properly ines shall be permitted for attached buildings b) Lots smaller than minimum Will be altowed if the parcel is consolidated or combined with a larger lot. Substations for public and quasi-public utilities shall Be exempt from lot frontage and lot area requirements. c) Maximum lot coverage shall be 80 percent. Ali building and vehicle related t'eatures shall be considered when csiculating tetel land area coverage, exceat fire lanes and railroad tracks. d~ Maximum building height shall be as stipulated in the bulk regulations chart above, except the following may exceed the height limit: coolingtowere, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. Hea~ng, ventilating and air conditioning (RVAC) equipment is limited to 10 feet above height limitation, excep[ in Zone A where 30 feet ~aximum height includes HVAC equipment. e) Within required front, side and rear setbacks, only driveways, fire lanes. railroad tracks, open space features, and primary and secondary signage are allowed. Parking lots may encroach up re 50% into a required front yard setback D. Parking and Loading Regulations 1) All vehicle related features, except for railroad tracks, shall be surfaced with either asphalt or concrete. 2) All parking and loading spaces shall be delineated on the surfacing material by painted strides or other permanent 3) The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Zoning Ordinance and City standards. 4) The number, size, design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. 5) The location and number of sdvate driveway intersections with public streets shall be reviewed and approvec by the City Engineer. Access shall generally be limited to interoal streets. 6) No on-street maneuvering of delivery vehicles Will be allowed on any street. Lots shall provide ali necessary maneuvenng space for delivery vehicles within the boundaries of the 7) All loading docks for shipping and receiving of raw and manufactured goods shaft be designed to provide for the direct movement of goods between the delivery vehicle and the interior of the building. E. Sion Reoul~ons 1) Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque Zoning Ordinance Section 4-3 Sign Regulations shall apply unless further regulated by this section. 2] Off-Premise Signs: Off-premise signs shall be urehibited. 3) On-Premise Signs: On-premise signs shall be erected or constructed in accordance with the folloWing regulations. a) Allowabts content: signs, messages and graphics shall be limited to the folloWing contents: 1) Industrial Center signs: limited to identification of Dubuque Industriai Center West - Entrance signs - Directory signs 2) Company Primary signs: limited to Reqular Session, March 16, 1998 122 identification of uses in Zones B, C, D and E - identification of company name - Identification of company products or services by genedc name only - Graphic symbol or logo identified with the company 3) Commercial Primary signs: limited to identification of uses in Zone A - lden~cation of business name - lden~ca~on of business products or services by generic names only - Graphic symbol or Jogo identified with the business 4) Secondary signs: allowable ir all Zones - Street address - Directional fnessages necessary for the safe and efficient flow of vehicular and pedestrian traffic.on the lot · - lden~cation of visitor entrances to the building, shipping and receiving docks and other delivery points - Identification of assigned parking spaces and perking spaces accessible to persons with disabili~es Temporary announcements of pending or new construction b) Schedule of sign regula'dons: allowable structural type, size, number and height shall be ~mited to the following requirements: *The height of monument-style signs shall be measured from average grade to top of sign structures. c) Variances: Variances from s~gn requirements for size, number and height may be requested. Suc[' variances shall be reviewed by the Zoning Board of Adjustment in accordance with Section 5-3 sfthe Zoning Ordinance. d) Lighting: Signs may be illuminated only by means of indirec[ lighting, whereby all light sources and devices are shielded from view by opaque or translucent materials, or internally illuminated by means of a light source completely enclosed by the sign panel. e] Motion: No signs may include any 123 Regular Session, March 16, 1998 device or means, mechanical e[estrica[ or naturat, which shall cause any motion of the sign panel or any par~ thereof. No flashing lights or changing colors shall be allowed 7:. Extedor Storage Regulations: Exterior storage, where allowed, shall -not encroach ~nto a front yard. A front yard may exceed the required front yaro setback. Exterior storage shall be in accordance with the following regulations: *Exterior storage is prohibited on lots fronting Seippel Road. 1) Ex[edor storage of materials which could be blown into the air or strewn about by the wind shall be prohibited. 2) The ground area coverage of exterior storage areas shall be the area contained inside the reouired screening. This area shall be considered to be a building related feature for purposes of calculating total land area coverages. 3) Exterior storage must be screened from view from adjacent public right-of- way. The screening height shall be rneasurec from the ground leve[ outside the line of the screen. Screens buili on sloping grades shall be stepped so that their top line shall be horizontal. 4) Required screening is intended to buffer surrounding propers, from the negative visual impact createa by the storage of raw or finished goods, materials and equipment that can adversely impact the value of adjacent proper(y. 5) The CJt/Planner may grant a waiver for screening to exceed the maximum height allowed, when topography or height of indMdual finished products or equipment could make it impossible to comDletaly screen a storage area from every vantage point. The City Planner may not grant waiver in maximum screening height for raw materials or stacked gooas. 6) All exterior entrances To a screened storage area shall be provided with a gate or door of similar design to that of the screen. 7) Long term storage of products or materials in semi trailers is prohibited. G. Exterior Trash Collection Area Regulations: 1) Exterior trash collection areas shall include collection bins, dumps~ers, and similar waste receptacles for the shor[- i~erm storage and co[lectioh of trash Trash shall include garbage, scrap recyclab[es, debris, and similar materials. 2) The storage of trash shall be limited Reqular Session, March 16~ 1998 124 to that produced by the principal perm~ed use and accessory uses of the lot. Exterior storage of trash which could be blown into the air or strewn about by the wind shall be prohibited. -3) The ground .area-coverage of exterior trash collection areas shall be the area contained inside the required screening. This area shall be a considered a bulldieg-related feature for purposes of calculating total land area coverages. 4) Extedor trash collection areas shall be located in rear or side yards only. Exterior trash collection areas shall not encroach into a front yard. A front yard may exceed the required front yard setback. 5) Ail extedor trash ceileddon areas and the matadais contained therein shall be screened from view from the adjacent public right-of-way. 6) The screening shall be a completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. 7) Exposed materials used to construct the opaque screen shall be similar in appearance to mafedeis used for exterior bu,ding walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. 8) If a 10 foot high screen fails to shield the exterior trash collection area from view from the adjacent public right-of- way, evergreen plantings may be required in addition to the screening. Evergreen plant materials shall be selected and designed sc that they will screen the area from the adjacent public right-of-way within five (5) years. H. Lend.~cat~ino Re_oulafions The fbllowfng Landscape Regulations shall apply to each lot: 1) Plant Materials: The open space area of each lot.shall be planted with permanent lawn and ground covers, shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. 2). landscaping: The following is the minimum requirement of trees and shrubs, by number and size, and the type of ground cover required. Street trees planted in public street right of way shall not be counted toward fulfillment of the minimum site requirements set forth below. Plant species to be used for landscaping shall be in accordance with the City of street tree policy, E,'dsting trees and shrubs to be retained on site may be counted toward fulfillment of the landscaping requirements. a) Minimum tree planting requirements for any new development in the Dubuque Industrial Center West shall be one (1 I tree of the followieg size per 1,600 square feet of required open space: 40% minimum: 2"~2 ~" caliper diameter deciduous and/or 8-foot height or greater evergreen. Balance: I ~"-2" caliper diameter deciduous and/or 6-foot height evergreen. b) Minimum shrub requirements at the time of plahting for any development in the PUD District, shall be 6 shrubs, or 1 shrub per 1,000 square feet of required open space, whichever is greater. Shrubs shall be a minimum of 18" height or minimum one (1) gallon ~otted. 3) Landscape berms and/or plantings shall be required as screening for parking areas adjacent to public streets and shall be a minimum of three (3) feet in height and can utilize natural grade changes to achieve the required 50% opacity landscape screen, Parking lot screening is in addition to required landscaping of open space areas. 4) Trees shall be provided in all parking lot islands which are of sufficient size to ensure the growth and survival of the treas. Trees planted in parking lot islands may be counted towards the minimum tree planting r.equirementa. 5) The developer of any lot fronting Seippei Road and/or Chaveneile Road shall participate in the planting trees compatible in species and spacing with tree plantings which have previously been completed by the City along said 6) The installation of required planting materials may be phased in direct proportion to the phasing of building construddon. Required landscaping shall be installed by the date the Building Safety Department issues an occupancy eedJficate, or if winter weather prevents planting, within 6 months of being issued an occupancy certificate. 7) To reduce erosion, all disturbed open space areas shall have ground cover of grass or native vegetation which is installed as sod, or seeded, fer~llzed and mulched. 8) The lot owner is required to replant any and all plant materials which have died due to any cause during the t25 Regular Session, March 16, 1998 effective period of this PUD ordinance. 9) A detailed landscape plan shall be required as part of subtotal for final site development plan approval. 101 The area De, ween the public street and the right-of-way line shall be olanted with grass and maintained by the lot owner. 11) Industrial Center landscaping: Common areas and streetscapes of the PUD District shall be in accordance with the landscape plan. a copy of which is attached and made a part of this PUD ordinance I. Performance Standards The development and maintenance of uses in this PUD District shali be established n conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1) Site Lighting: exterior illumination of site features and location and design of site lighting shall be in accordance with the fo[lowing requirements: a) Exterior illumination of site features shall be limited to the illumination of the following: - Parking areas driveways and loading facilities. Pedestrian walkway surfaces and entrances to building. - Screened storage areas. - Building exterior b) Location and design of site lighting shall be in accordance with the following requirements: - Ali extedor lighting shall be designed, installed and maintained so as not to cause g~are or to shine into adjacent lots and streets. No light source shall provide illumination onto adjacent lots. buildings or szreers in excess of 1.0 foot candle. All exterio- lighting luminaires shall be designed and installed to shield light from the luminaire au angles above 72 degrees fram vertical. - Fixtures mounted on a building shell not be positioned higher than the roof line of the building. Wooden utility type po~es are acceptable only for ~emporary use dudng construction. - All alectrical service lines to posts and fixtures shall be undergrounc ant concealec inside the posts. 2) Utility Locations: Service lines and mechanical eoeiement for utilities shall ee located in accordance with the following reouirements: a) Service lines: all electrical, telephone cable and other similar utility lines serving the building and other site features shal be located underground b) Mechanical equipment: all ground- -mounted electrical transformers, switching gear, relay boxes, meters, cone"Cdoning units, heat pumps and .other similar mechanical equipment shall be screened from view. Screening may consist of plantings or masonry walls. Plantings shall achieve 50% opac~ after three (3) growing seasons and a masonry wall shall appear to be an integral part of the buitding's overall architectural design. 3) Site Plans: Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior to construcfion of each building and vehicle-related feature unless otherwise exempted by Section 4-4. 4) Storm Water Conveyance: The developer of each lot shal be re~por;sible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow tine of open drainage ways outside the lot in a means that is satisfactory m the Public Works Department of the City of Dubuque. Other applicable regulations enforced bythe City of Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. 5) Platting: The conceptual develop- ment clan shall serve as the preliminary plat for this PUD District. SubdMsion plats and improvements plans shall be submitted in accordance with Chapter 42 Subdivision Regulations. of the City of Dubuque Code of Ordinances 6) Noises: Nalses genersted within the PUD District shall be regulated by Chapter 33, Article IV Noises. of the City of Dubuque Code of Ordinances. 7) Street Lighting: Street lights shall be installed in accordance with City of Dubuque standards. 8) Flood Plain Regulations: The area of the PUD District that lies within the flood plain of Catfish Creek shall be subject to the regulations of Section 3- 5.3 of the Zoning Ordinance. 9) Phased Construction of Buildings and Parking Spaces: The construction of off-street parking spaces may be phased in proportion to the percentage of total building floor area constructed at any one time. Ground area set aside for future parking, loading spaces or driveways or for parking provided in excess of the rnimmum required number of parking spaces sba not reduce the minimum required area for open space. Reqular Session, March 16~ 1998 126 10) Qther Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State and Federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of properly in the PUD District. J. Open Space and Recreational Areas Those areas designated on the conceptua] development plan as 'open' shall be maintained as open space, as defined by Semen 8 of the Zoning Ordinance by the properly owner and/or association. The recreational trail shall be maintained by the property owner and/or association. K. Transfer of Ownerahin Transfer of ownemhip or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the cond'itons authorizing the establishment of the distdct. L. Modifications, Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. M. Recording. A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 4. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Sec~en 5. The foregoing amendment shall take effect upon publication, as provided by taw. Passed, approved and adopted this 16th day of March, 1998. Terranca M. Duggan, Mayor Attest MaryA. Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 14-98 The City of Dubuque, properly owner, hereby accepts the terms and cond;lJons of Ordinance No. 14-98 and agrees to the conditions required therein. Dated this 16th day of May, 1998. By/s/Terrance M. Duggan Mayor, City of Dubuque, Iowa Published officialiy in the Telegraph Herald newspaper this 25th day of March, 1998. It 3/25 MaryA: Davis CMC,-CIty Clerk Michalski moved final adoption of the Ordinance as amended to include the Staff recommendation to remove off- premise signs. Seconded by Robbins. Motion carried 7-0. Proof of publication cedftied to by the Publisher o: Notice of Public Headng to consider Pdvata Streets Policy and Related Text Amendment and Bill Gasper recommending approval of private streets pelicy and related text amendments, presented and read. Buol moved that the commun~ca~on be received and filed. Seconded'by Robbins. Motion carried 7-0. An Ordinance Amending Chaptar 42 of City Code of Ord- inances,'Subdivision Regulations', by amending Sections 42-1, 42-14(d)(2) and 42-20(a) pertaining to Definitions, Review Process and Streets, (denied by Zoning Adv. Comm_), first reading given on 12-1-97, now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 15-98 AN ORDINANCE AMENDING CHAPTER 42, SUBDIVISION REGULATIONS, OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY AMENDING SECTIONS 42-1, 42- 14(d)(2) AND 42-20(a) PERTAINING TO DEFINITIONS, REVIEW PROCESS AND STREETS. NOW THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF DUBUQUE. IOWA: Section 1. Chapter 42, Subdivision Reguiations, of the City of Dubuque Code of Ordinances is hereby amended by amending Sections 42-1 Definitions, by adding a definition for 'pdvata drive." deleting Sections 42- 14(d)(2) and 42-20(a), and adopting · e following new Sections 42-14(d)(2) and 42-20(a) in lieu thereof: Sec. 42-1. Defin~ons. Drive, Private: Am unpiatted, private passageway providing access to a street Sec. 42-14. Review Process (d) Major Subdivision - (2) An approved preliminary plat shall be required for a major subdivision. After the pre-application conference, the owner shall submit twerriy (20) copies of the preliminary plat as ~.2.7 Regular SessiOn, March 16, '1998 required by the city planner. The preliminary plat must show all information required in section 42-15(c). of the subdivision ordinance. The preliminary plat shall be reviewed by the. zoning commission only, except when a preliminary plat is submitted that includes a pdvate street, in which case both the zoning commission and the city council shall review and approve the submitted preliminary plat. The review shall be to determine compliance with all relevant sections of the subdMsion and zoning ordinances and shall be approved or denied within sixty (60) days of filing of the preliminary plat with' the city planner. Approval of the commission shall remain in effect for a pedod of two (2) years No city council review of preliminary plat is required Sec. 42-20. Streets (a) GeneraL The arrangement of arterial and collector streets shall conform to the circulation plan of the comprehensive plan. Fer streets not shown in the comprehensive plan, the arrangement shall provide for the appropriate extension of existing streets. Private streets shall conform to City standards for pdvate atreezs. Section 2. This ordinance has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque Iowa. Sectio~ 3. This ~rdinance shall take effect immediately upon publication, as orovided by law. Passed. approved and adopted this lb'th day of March, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of March, 1998. Mary A. Davis CMC, City Clerk 1 t 3/23 Budi moved that the requirement that a proposed Ordinance be considered and voted on for passage au two Council Meetings pdor to the meeting at which it is to be finally passed De suspended. Seconded by Robbins. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carded 7-0. An Ordinance Amending Zoning Ordinance by adopting a new Section 2-9 in lieu thereof pertaining to lots and buildings to front on Public or Approvee Private Street (denied by Zoning Comm.'~ first reading given on 12~1-97. presented for fu~qer action. - . (OFFICIAL PUBLICATION) ORDINANCE NO. 16-98 AN · ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY REPEALING SECTION 2-9 AND ADOPTING SECTION 2-9 IN LIEU THEREOF PERTAINING TO LOTS AND BUILDINGS TO FRONT ON PUBLIC OR APPROVED PRIVATE STREET. 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 ~s hereby amended by repealing Section 2-9 and adopting the fdilowmg new Section 2-9 in lieu thereof: 2-9 Lots and Buildings to front on public or approved pdvate street. All lots created after the effective date of this Ordinance (March 18, 1985) shall front upon a public street or an approved pdvate street and no bud ng shall be hereafter erected or constructec except upon such a Section 2 This ordinance 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 16th day of March, 1998. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of March. 1998. Mary A. Davis CMC, City Clerk It 3/23 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Counci Meetings prior to the meeting at which it is to be finat~y passed be suspended. Seconded by Robbins Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion cardec 7-0~ (TABLED FROM MEETING OF 3-2-98 - Public -~earing Closed) -- Buol moved to remove the following matter from the table. Seconded by Nichoison. Motion carded 7-0. RADFORD ROAD STRUCTION PROJECT. RECON- Regular Session, March 16, 1998 Buol moved to toke provision for sidewalks out of the project but provide grading at this time. Seos~ded by Markham. Corded by the following vote: Yeas--Duggan, Buol, Markham, -Michalski, Robbins. - Nays---Nicholson, Voetberg. RESOLUTION NO. 114-98 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 28th day of January, 1998, plans, specifcations, form of contract and estimated cost were filed with the City Clerk of Dubuque, iowa for the Radford Road Reconstruction Project. Whereas, notice of hearing on plans, specifcations, form of contract, and estimated cost was published as required by ~aw. NOW THEREFORE, BE Fi' 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 16th day of March, 1998. Terrance M. Duggan, Mayor Attest MaryA. Davis. City Clerk Duel moved adoption of the Resolution. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 115-98 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE RADFORD ROAD RECONSTRUCTION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the Radford Road Reconstruction Project, has g~/en notice of the public hearing thereon as required by law;, and Whereas, the public hearing has been heir, all persons offering objections have been heard and consideretion given ~o all objector~ and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necess~. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby:, Adopted as amended by the Schedule of Assessments attached hereto as Exhibit A,-and made a part hereof by reference. All objections flied or made having been duly considered are overruled. Passed, adopted and approved this 16th day of March, 1998. Terrence M. Duggan, Mayor Attest Mary A. Davis, City Clerk BuoJ moved adoption of the Reeeiu~on. Seconded by Nicholson; Motion carded 7-0. RESOLUTION NO. 119-98 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Radford Road Reconstruction Project is hereby ordered to be advertised for bids for constructon. 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 e part of the ptans and specifcations 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 shell not be less than four days nor more tha~ twenty days pdor to the receipt of said bids at 2:00 p.m, on the 31st day of March, 1998. 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 6th day of April, 1998. Passed, adopted and approved thLs 16th day of March, 1998. Terrence M. Duggan, Mayor Attest MaryA. Davis, City Clerk _Buol moved adoption of the Resolution Seconded by Nichelson. Motion carried 7-0. Council recessed at 8:58 p.m.; Council reconvened at 9:11 p.m. An Ordinance Amending Section 2- 181 of City Code of Ordinances establishing the terms of Office of CMl Service Commissioners by changing the terms of of~ce for CMl Service Commissioners, first reading only given on 3-2-98, now presented for further action. (OFFICIAL PUBLICATION) 129 Regular Session, March 16, 1998 ORDINANCE NO. 17-98 AN ORDINANCE AMENDING SECTION 2-181 OF-THE CITY OF- DUBUQUE CODE OF ORDINANCES ESTABLISHING THE TERMS OF OFFICE OF CIVIL SERVICE COMMISSIONERS BY CHANGING THE TERMS OF OFFICE FOR CIVIL SERVICE COMMISSIONERS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. Secfion 2-181 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 2-181 APPOINTMENT; TERM: The Mayor, with the approval of the Counc[: shall appoint throe (3) CMl Service Commissioners who shall hold office, one until the first Monday in Apdl of the second year, one until the first Monday in April of the third year, and one until the first Monday in April of the fourth year after such appointment, whose successors shall be appointed for a term of four (4) years. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 16th day of March, 1998. Terrance M. Duggan, Mayor Attest: Mary A: Davis. City Clerk Published officiahy in the Telegraph Herald newspaper this 23rd day of March, 1998. It 3/23 ~lap/A: Davis CMC, City Clerk Robbins moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Nicholeen. Motion carried 7-6,. Robbins moved final consideration and passage of the Ordinance. Seconded by Nichelson. Motion carded 7-0. City Manager submitfing an Ordinance estab[ish~g speed limits for Fremont Ave., Hill St. and Bryant St., Verbal request of Diane WeKz To address the Council regarding establishment of posting of speed limits, 9resented and read. Michalski movea [hat the communication be received and tiled Seconded by Nichoison Carded by the following vote: Yeas-Mayor Duggan, Council Members Buol Markham Niche[sca, Robbins, Voetberg. Nays--Michalsk[. Diane Wed:z spoke requesting steed limits be increased on Fremont to 30 or 35 mph - An Ordinance Amending Subsection (c] of Section 32-231 thereof providing for establishment .of speed limits-to 25 miles per hour on Fremont Ave. from U.S_ Highway 20 to N. Cascade Rd.; Hill Street from 9th St to centariine of U.S. Highway 20 and Bryant Street from Grandview Ave. to centedine of U.S. Highway 20, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 18-98 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REVISING SUBSECTION (C) OF SECTION 32-231 THEREOF PROVIDING FOR THE ESTABLISHMENT OF SPEED LIMITS ON FREMONT AVENUE, HILL STREET AND BRYANT 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 the following to Subsecfion (c) in Secfion 32-231 thereof as follows: "~, Limits Generally" (¢) TWENTY-FIVE [25) MILES PER HOUR Fremont Avenue. from U.S. Highway 20 To Simpson Street and from Kelly Lane to North Cascade Road. Hill Street, from 9th Street to the centerline of U.S. Highway 20. Bryant Street, from Grandview Avenue to the eentariine of U.S. Highway 20 THIRTY-FIVE [35) MILES PER HOUR Fremont Avenue, from Simpson Street to Kelly Lane. Passed, approved and adopted this 16th day of March, 1998. Terrance M. Duggan, Mayor Attest: MaP/A: Davis, City Clerk Published officially in the Telegraph Herald newspaper this 24th day of March. 1998 It 3/24 MaB' A: Davis CMC. Cry Clerk Voetberg moved to amend the proposed Ordinance to increase the speed limit on Fremont from Simpson St. to Kelly Lane to 35 meh. Seconded by Buol. Carded by the following vote: Yeas--Buo Markham, Robbins Voetberg. Nays---Duggan, Micha[ski. Nicholson. Reqular Sessi0ri, ~rch 16,1998 130 Michaiski moved that the requiremant that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the mee~Jng at which it ia to be ~neily passed be suspended. Seconded by Nicholson. Carded by the following vote: Yees---Duggan, Bun[, Markham, Nichotson, Robbins Voetberg. Nays--M cheiski. Michalski moved final consideration and passage of the Ordinance, as amended. Seconded by Nicholson. Carded by the following vole: Yeas~Duggan, Buol, Markham. Nichoison, F~obbins, Voetberg. N ays---Micha~ski. City Manager recommending approval of loan to McLeod USA, presented and reao. Michalski moved that the communication be received and filed. Seconded by Nichdison. Motion carded 7-0. Judy Peppedain on behaff of U.S. West, requested Council delay vote for a later date. Jack Mahoney of McLeod, USA requested Council approval of the loan. Nick Lucy representing the employees of U:S. West, spoke of their available services and requested continuing service with the City. Rick Dickinson spoke endorsing the Manager's recommendation. RESOLUTION NO. 117-98 A RESOLUTION AUTHORIZING A LETTER OF COMMITMENT AND ADDITIONAL ACTIONS CONCERNING A LOAN TO MCLEOD USA Whereas, the City Council has determined that the install~Cdan of a dig~i telecommunications switching platform in the City of Dubuque is cri~cal to meeting the needs Df eX~ng businesses and industries and to attra~ng new businesses -to · the community; and Whereas, McLeod USA has proposed that it will establish the switching platform and services desired by the City provided that the City makes financial assistance ava,able for the project; and Whereas. a Commitment Letter, hereto attached and by this reference made a par~ hereof, outlines the terms and conditions of a proposed loan to McLeod USA for the purpose of assisting with the project NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposal of McLeodUSA -to obtain financial assistance from the City of Dubuque to establish-digital telecommunications switching platform and se~ces in the city is hereby approved. · Section 2. That the Mayor is hereby authorized to execute, on beheif of the City Council of the City of Dubuque, Iowa, the attached Commitment Letter and m fo~rard said letter to McLeodUSA for review and approval. Section 3. That the City Manager be and he is hereby directed to prepare, upon execution and receipt of the attached Commitment Letter by McLeodUSA, the necessap/ loan documents In accordance with the terms and cono"~ons set forth in said Commitmeht Letter. Section 4. That the City Manager is hereby authorized to execute, on behalf of the City of Dubuque, Iowa, all necessary loan documents and is further authored to disburse loan funds in accordance with the terms and conditions of the executed agreement. Passed, approved and adopted this 16th day of March, 1998. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Michalski moved adoption of the ResdiL~on. Seconded by Nichotson. Motion carried 7-0. City Manager recommending approval of other actions to suppod Swiss Valley Farms Company Expansion Project, presented and read. Buci moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 118-98 A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH '[HE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT REQUESTING ENTERPRISE ZONE CERTIFICATION. Whereas, the State of Iowa Depadmant of Economic Development (IDED) is taking applications for a new Enterprise Zone program that provides benefits and incentives for redevelopment and reinvestmant in areas of a community that meet certain eligibi~[y criteria; and Whereas. the Ci~' of Dubuque, iowa has idan~ed an area which meets the eligibility requirements; and Whereas, the City Council of Dubuque, Iowa has determined that said designation and cer~cation of an Enterprise Zone will benefit the local Regular Session, March 16, 1998 economy through me creation of new investment and ~ew .iobs for area 'esfdents: and Whereas. the City of Dubuque, Iowa is eligible to submit an application for .the Enterprise Zone program. NOW, THEREFORE. BE IT RESOLVED BY THE CITY CQUNClL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an application for Enteredse Zone Ced~flcation is approved. Section 2. That the schedule of value-added properly tax exemption for this Enterprise Zone shall be One Dollar ($1.00) per year for ten years. Section 3. That the Mayor is hereby authorized and directed [o execute, on behalf of the City Council of the City of' Dubuque, Iowa. the appropriate Enterprise Zone aoD[icafion. Section 4 That the City Manager is directed to submit the application to the iowa Department of Economic Development together with such documents as may be required. Section 5. That. once the Enterprise Zone ~s cerlft'mC, a copy of this resolution and al! supporting documents be forwarded to the C~ Passed, approved and adopted this 16th day of March, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis. C*itz' Clerk Buol movea adopfion of the Resolution. Seconded by Robbins. Motion =arried 7-0. City ~1anager recommending execution of Funding Trust Agreement with Norwest Bank Iowa, N.A., presented and read. Voetberg moved mat the communication be received and filed. Seconded by Buol. Motion carded 7-0 RESOLUTION NO. 119-98 RESOLUTION APPROVING THE FUNDING TRUST AGREEMENT DATED MARCH 1, 1998, AND AUTHORIZING ITS EXECUTION Whereas, $2,515,000 Parking Revenue Refunding Caoita[ Loan Notes, Sedes 1998, dated March 1, t998, have been sold at public sale for the purpose of refunding outstanding parking revenue indebtedness of the City; and Whereas, in order to provide for the proper and timely application of money and investment income dedved from the sale of the Notes for the payment of the principal and interest due on the Parking Revenue Bonds, Sedes 1990 dated May 1, 1990. (hereinafter "Funded Bonds") it is necessary [o -enter into a Funding Trust Agreement and to enter into certain covenants with the holders of the Funded Bonds: and Whereas, this Council has deemec that the services offered by Norwest Bank Iowa, N.A., Des Moines, Iowa, are necessary for the proper and lawful management and maintenance of the escrow account established ~n connection with the FUnded Bonds; and Whereas, a Funding Trust Agreement has been preparea to be entered into between the City and Norwest Bank Iowa. N.A. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That Norwest Bank iowa, N.A., Des Moines, Iowa, is hereby appointed to serve as Trustee pursuant to the terms of the Funding Trust Agreement Section 2. That the Funding Trust Agreement with Norwest Bank Iowa, N.A. is hereby approved and that the Mayor and City Clerk are authorized to sign the Agreement on behalf of the City of Dubuque, Iowa. Passed and approved this 16th day of March, 1998. Terrance M. Duggar~, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carried 6-0 Zoning Advisory Commission advising of their denial re rezone property at 3055 BrunskJ]l Road from R-1 to CS District as requested by Randy Mills; Mrs. Wm. J. Martens requesting concurrence with Zoning Advisory Commission and deny request; CommunicsCJon of Randy Mills requesting he De granted a Public Hearing on rezoning, presented and read. Voetberg moved that the communications be rec~r~ed and filed. Seconded by BuoL Carried by the following vote: Yeas---Buol Markham, Robbins, Voetberg, Nays-- Duggan, Mkihalski, Nicholson. An Ordinance Amending Zoning Map by reclassifying property located at 3055 Brunskill Road from R-1 Single-Family Residential Distdct to CS Commercial Service and Wholesale District, presented and read. Voetberg moved that they concur with the Zoning Advisory Commission's denial. Seconded by BuoL Carded by the following vote: Yeas---Buoi, Markham, Robbins, Voetberg. Nays--Duggan, Michalski, Nichoison. Zoning Advisory Commission advising of their approval to rezone property at 414, 416, 422, 434 Lores Blvd. from R-4 to OR District as requested by Ruth & Rues Nash, presented and read. Voetberg moved that the communication be received and filed Seconded by Buol. Motion carried 7-0. An Ordinance Amending Zoning Map by reclaesifying property located at 414, 416, 422 and 434 Lores Boulevard from R-4 Multi-Family Resideafial District to OR Olflce Residential District, presented and read. Voetberg moved that the requirement that a proposed Ordinance be considered and voted o~ for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by Buol. Moron carried 7-0. Veatherg moved that a Public Hearing be held on the proposed Ordinance on the 6th day of Apdt, 1998 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish r~otica iq the manner prescribed by law. Seconded by Buol. Motion carried 7-0. CH Manager recommending approval to vacate and sell property at 2215 Marien St as requested by Terry & Sue Brown, presented and read. Veatberg moved that the communicat~ea be received and filed. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 120-98 RESOLUTION APPROVING PLAT OF PROPOSED VACATED ALLEY ABUTTING 2;215 MARION STREET Whereas, there has been presented to the City Council of the C~' of Dubuque, Iowa, a plat dated March 6, 1998, prepared by IIW Engineers and Surveyors, P.C., describing the proposed vacated poftJon of an alley abutting 2215 Marion Street, and Whereas, said plat conforms to the taws and statutes peKaining thereto. NOW, THEREFORE, BE Fi' RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Sestiea 1. Thatthe plat dated March 6, 1998, prepared by IIW Engineers and Surveyors, P.C., relative to the real estate hereinabove described by and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute sam plot for and on behalf of the City of-Dubuque, Iowa, . Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of maintaining an adjacent sound wall by the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the ohice of the Recorder, in and for Dubuque County, Iow-a. Paesed, approved and adopted this 16th day of Maroh, 1998. Terranca M. Duggan, Mayor At[est MaryA. Davis, City Clerk Voetber~ moved adoption of the Resolution. Sesonded by Buol. Motion carried A~ Ordinance Vaca4Jng alley abut~ng 2215 Marion St., presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 19-98 ORDINANCE VACATING THE ALLEY ABUTTING 2215 MARION STREET Whereas, Terry and Sue Brown have requested the vacabng of an alley abutang 2215 Marion Streeq and Whereas; IIVV Engineers and Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated poraon of an alley abutting 2215 Madon Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 37A cf Babcock's Addition in the City of Dubuque, Dubuque County, Iowa; Whereas, the City Council of the City of Dubuque, Iowa has determined that an alley abutting 2215 Marion Street is no longer required for public use, except for ~]ity easements as noted, and vacating of said portions of an alley abutting 2215 Marion Street known as Lot 37A of Babcock's Addition in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section .1. That the reel estate described as Lot 37A of Babcock's AddiSon in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself 8 perpetual easement including the right of ingress and egress thereto, for the purpose of 133 Regular Session, March 16, 1998 maintaining an adjacent sound wall by the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of March, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis. City Clerk Published officially in the Telegraph Herald newspaper this 16th day of Aodl. 1998. It 4/16 MaryA. Davis CMC. City Clerk Voetberg move~ ma~ 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 Buol. Motion carded 7-0 Voetberg moved final consideration and passage of the Ordinance. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 121-98 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 37A OF BABCOCK'S ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas. the Terry and Sue Brown have requested the vacating of an alley abutting 2215 Marion Street; and Whereas, IIW Engineers and Surveyors, P.C. has prepared and subm~ed to the City Council a plat showing the vacated pordon of an alley abu~ng 2215 Marion Street and assigned Io! numbers thereto, which hereinafter shall be known and described as Lot 37A of Babcock's Addition in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, iowa has determined that this alley abuffing 2215 Madon Street is no longer required for public use except for eassmems as noted, and vacating and sale of said portions of alleys and streets known as Lot 37A of Babcock's Addifon in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 37A of Babcock's Addifon in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 37A of Babcock's Addition in the City of Dubuque, owa to Terry and Sue Brown be contingent upon the payment of $300.00. plus platting publication and tiling fees. Section 3. The City of Dubuque reserves un[o itself a perpetual easement including the right of ingress and egress thereto, for the purpose of maintaining an adjacent sound wall by the City of Dubuque, Iowa. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate ro be published in the manner as prescribed by law. Passed approved and adopted this 16th day of March, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution and set this matter for Public Headng on Apdl 6, 1998 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 Motion carded 7-0. City Manager subm~ng documents ~roviding for bidding process for construction of Louise & Loueila Street Sanitary Sewer and Water Main project, presented and teac. Michalski moved that the communication be received and filed. Seconded by Voetberg. Motion carded 7-0. RESOLUTION NO. 122-98 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE ]T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, rOWA: That the proposed plans, specifications, form of contract and estimated cos[ for the Louise and Louel]a Sanitary Sewer and Watermain Extension, in the estimated amount of $98,954.44, are hereby approved and ordered tiled in the off-ice of the City Clerk for public inspection. Passed, adopted and approved this 16th day of March, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis. City Clerk Micha[ski moved adoption of the Resolution. Seconded by Voetberg. Motion carded 7-0. RESOLUTION NO. 123-98 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 pieced same on file in the office of the City Clerk for public inspection of the _ouise and Louella Sanitary Sewer and Watermain Extension. NOW THEREFORE, BE ]T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Re~diar session, M~h 'J'6, ~1;99~ ; That on the 6th day of April, 1998, 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 and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having generel circulation in the City of Dubuque, Iowa, which nolfce shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the headng, any interested person may appear and file objections to the proposed plans, specifcafions, contract, or estimated cost of the improvement. Passed, adopted and approved this 16th day of March, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalsld moved adoption of the Resolution. Seconded by Voetberg. Mofion carried 7-0. RESOLUTION NO. 124-98 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the C~ of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specifcations, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as filed by the City Council, for the Louise and Louelia Sanitary Sewer and Watarmain Extension. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consideration of this proposed resolufion have on file with the C~ Clerk objections to the resolution of necessity, they shall be deemed to have waived all Objections pertaining to the regularity of the proceeding.and the legality of using the . special aeseesm~nt procedure. Said improvements shell he constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such-improvement will be assessed partially or totally against privately owned property lying wffh the assessment limits, and in an amount .not to exceed that provided by law, and m proportion to the special benefits conferred. The podJon of the cost which shall be borne by the City will be paid from Sewer Construction Fund and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor. The above reso]ufion was introduced, approved and ordered placed on file with the City Clerk this 16th day of March, 1998. Approved and placed on file for final action. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michatski moved adoption of the Resolution. Seconded by voetherg. Motion carried 7-0. RESOLUTION NO. 125-98 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Louise and Leeella Sanitary Sewer and Watermeln Extension, and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 6th day of Apdl, 1998, a )ublic hearing will be held at 7:00 o'clock p.m. in the Public Library Auditorium in the city of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for er against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolufion of necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such 13.5 Regular Session, March 16, 1998 headng te be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first ~ubilcafion of which shall be not less than-ten days prior to the day fixed fer its consideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the C~ Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections theretc. Passed. adopted and approved this 16th day of Mamh, 1998. Terranca M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Voetberg. blofion carded 7-C. RESOLUTION NO. 126-98 RESOLUTION APPROVING PRE- LIMINARY SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the attached sheets, 1 to 1 inclusive, are hereby determined to be the schedule of proposed assessments for the Louise and Loueila Sanitary Sewer and Watermain Extension and the valuations set out herein are hereby approved. Passed, approved and adopted this 16th day of March, 1998. Terrence M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Voetberg. Motion carded 7-0 RESOLUTION NO. 127-98 ORDERING BIDS NOW THEREFORE, BE iT RESOLVED BY THE COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the Louise anc Loueila Sanitary Sewer and Watermain Extension is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in ar. amount which shall conforrr to the prov[s~ons 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 8 hewspaper having general circulation in the City of Dubuque, Iowa, which 'notice shall not be [ess than four days nor more than twenty days pitor to the receipt of said bids at 2:00 p.m. on the 25th day of March, 1998. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final aclJon at 7:00 p.m. on the 6th day of Apdl, 1998. Passed, adopted end approved this 16th day of March, 1998. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Micha~ski moved adoption of the Resolution. Seconded by Voetberg. Motion carded 7-0 City Manager recommending to vacate and dispose of Nicolet Ave. to Swiss Valley Farms Company, presented and read. Buol moved the! the communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 128-98 RESOLUTION APPROVING PLAT OF PROPOSED VACATED NICOLET AVENUE Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat, dated January 23,- 1998, prepared by Ament Engineering Associates, Inc., describing the proposed vacated portion of Nicolat Avenue; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the plat, dated January 23, 1998, prepared by Ament Engineering Associates, Inc., relate to the real estate hereinabove described by and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized an~ directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, owe. Passed, approved and adopted this 16th day of March, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Michalski. Motion carried 7-0. Re.qular Session MatC~ ::16, '1998 7.36 An Ordinance Vacating Nicolet Avenue, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 20-98 ' ORDINANCE VACATING NICOLET AVENUE Whereas. Swiss Valley Farms Company has requested the vacaUng of Nicolet Avenfie; and Whereas, Ament Engineering Associates, Inc. has prepared and submitted to the City Council a plot showing the vacated Nicalet Avenue and assigned lot numbers thereto, which hereinafter shall be known and dascdbed as Lot 80A of Linehan Park Add'Cron in the Cb of Dubuque, Dubuque County, Iowa; Whereas, the City Council of the City of Dubuque, Iowa has determined that Nicalet Avenue is no longer required for pubic use, and vacating of said Nicolet Avenue known as Lot 80A of Linehan Park Add'on in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 80A of Linehan Park Add,on in the C~5' of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 16th day of March, 1998. Terrance M. Duggan, Mayor Attest:. MaryA. Davis, City Cterk Published ofl~cially in the Telegraph Herald newspaper this 14th day of May, 1998. It 5/14 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 finally passed be suspended. Seconded by Michalski. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Michaisld. Motion carded 7-0. RESOLUTION NO. 129-98 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 80A OF LINEHAN PARK ADDITION, DUBUQUE, IOWA. Whereas, the Swiss Valley Farms Company has requested the vacating of Nicalet Avenue; and Whereas, Ament Engineering Associates, Inc. has prepared and submitted to the Cb Council a plat showing the vacated podion of Nicalet Avenue and-assigned lot numbers thereto, which hereinafter shall be known and described as Lot 80A of Linehan Park Addition in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this Nisolet Avenue is no longer required for public use, and vacating and sale of said street known as Lot 80A of Linehan Park Addition in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 80A of Lifiehan Park Addition in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 80A of Linehan Park Addition in the City of Dubuque, Iowa to Swiss Valley Farms Company be contingent upon the payment of $1.00, plus platiJng, publication and filing fees, provided thst Swies Valley Farms Company shall pay to the City of Dubuque the sum of $19,140.00 should the Company not create twenty new jobs within three fears of the date of this Rasoludon. Section 3. That the City Clerk be end is hereby authorized and directed to cause a nelJca of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 16th day of March, 1998. Torrance M. Duggan, Mayor Attest MaryA. Davis, City Clerk Council Member Bual moved adoption of the RasolLr~on setdng matter for Public Headng on 4-6-98 at 7:00 p.m. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Council Member Michaisld. Mofion carried 7-0. City Manager recommending establishment of Urban Renewal District to include expansion of Swiss Valley Farms, presented and read. Voetberg moved that the communication be received and filed. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 130-98 A RESOLUTION OF NECESSITY FINDING THAT PROPERTY SURROUNDING SWISS VALLEY FARMS COMPANY IS AN ECONOMIC DEVELOPMENT AREA AND THAT THE REDEVELOPMENT OF SAID AREA IS NECESSARY IN THE 137 RegularSession, March 16, 1998 INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA. Whereas, the City Counc~ of the. City of Dubuque has determined that the area described in Section 1 hereof [s qeeded by Swiss Valley Farms Company to provide new opportunities for local economic development activities; and Whereas, the City Council has determined that the growth and expansion of ex~sflng local industry must be promoted and encouraged to enhance the Cites ongoing economic development efforts; and Whereas, the City Council has found that the propers' proposed for this industry expansion meets the definition of an economic development area as found in Chapter 403 "Urban Renewal" of the Iowa Code; and Whereas, Chap[er 403 of the Iowa Cede requ;res that before urban renewal authority may be exercisecl, a City Council must adopt a resolution of necessity finding that the area m question is a slum, blighted or economic development area, and that so designating such area is necessary in the interest of the public health. safety or welfare of the residents of the municipality. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE. IOWA: Section 1. That the following described area is an economic deve~oement area as defined by Chapter 403 of the Iowa Code and is apprapdate for an urban renewal project, to wit: Commencing as a point of reference at the intersection of the centerllne of Central Avenue with Ruby Avenue, said point being the point of beginning: thence northeasterly along the centerline of Ruby Avenue to the centedine of ;Jackson Street; thence northwesterly along the centeriine of Jackson Street to the centedine of Aquin Avenue; thence southwesterly along the centedine of Aquin Avenue 308 feet more or less to the point of intersection with the easterly line of Lot 112 Linehan Park Addition extendec northwesterly; thence southeasterly 125 feet mere or less to the qortheriy right-of-way line of the existing public alley; thence southwesterly along said right-of-way line to the centeriine of Central Avenue; thence southeasterly along the centeriine of Central Avenue to the point of beginning, containing 12 acres more or less a in the City of Dubuque, Dubuque County, owa and any adjoining public right-of-way. (Hereinafter called the Swiss Valley Economic Development Distdct.) Section 2. That the redevelopment of the Swiss Valley Economic Development District is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the development of this area will provide new opportun~es for industrial expansion and job creation in the community. Section 4. That the City Manager ~s author~_ed and directed to prepare an Urban Renewal Plan for the Swiss Valley Economic Development District, to forward said Plan to the City's Long Range Planning Commission for review and comment and to begin the consultation process required by law with affected ta~ing en~es Section 5. That the City Clerk is directed to publish notice of a public hearing on the adoption of an Urban Renewal Plan for the Swiss Valley Economic Develooment Distdct to be held on May 18. 1998 at 7:00 p.m. in the Carnegie-Stout Public Library Auditorium, 11th and Bluff Streets, Dubuque, Iowa 52001 and that said notice shall generally identify the area covered by the Plan and the general scope of the Plan and the addvifles planned for such area. Section 6. That the City Clerk is further directed to send by ordinary mail a copy of said notice of public hearing to the Dubuque Community School District. the County Board of Supervisors and the Northeast Iowa Commun~ College, as the affected taxing en~es. PASSED, APPROVED and ADOPTED this 16th day of March, 1998. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voetberg moved adoption of the Resolution setting this matter for Public Hearing on 5-18-98 at 7:00 p.m. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Buol. Motion carried 7-0. City Manager requesfing public hearing be set for 4-~-98 on a proposed release of mortgage for the YWCA Battered Women's Shelter, presented and read. Voetberg moved that the communication be received and fled and approved se~ng Public R~ular S~S~;iOf~;M~d:Ii~6;1998 ~ 138 Hearing for 4-6-98 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 Motion carried 7-0. At 10:18 p.m. Michaiski moved to go into Closed Session in accordance with Chapter 21.5 1.(j) To discuss the purchase of particular real estate where premature disclose could be reasonably expected to increase the pdce the governmental body would have to pay for that properly. Seconded by Voetberg. Motion carded 7-0. At 10:45 p.m. Council reconvened Regular Session with statement that staff had been given proper direction. There being no further business, Buol moved to adjourn. Seconded by Voetberg. Motion carded 7-0. The meeting adjourned at 10:46 p.m. /si Mary A. Davis CMC City Clerk Council Members City Clerk~/