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11 20 06 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, November 20, 2006 Council met at 6:30 p.m. in the Public Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Father Thomas Zinkula, Pastor, Holy Ghost Catholic Church CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 9/25; Arts and Cultural Affairs Advisory Commission of 8/30 and 9/26; City Council of 11/6; Civil Service Commission of 10/13; Housing Commission of 10/24; Human Rights Commission of 10/9; Zoning Advisory Commission of 11/1; Zoning Board of Adjustment of 10/26, presented and read. Jones moved that the minutes be received and filed. Seconded by Lynch. Motion carried 7-0. Library Board of Trustees Update from meetings of September 21, 28 and October 26, 2006, presented and read. Jones moved that the communications be received and filed. Seconded by Lynch. Motion carried 7-0. Proofs of publication of City Council Proceedings of October 10 and 16, 2006 and List of Claims and Summary of Revenues for Month Ended September 30, 2006, presented and read. Jones moved that the proofs be received and filed. Seconded by Lynch. Motion carried 7-0. Printed City Council Proceedings for May and June, 2006, presented and read. Jones moved that the proceedings be received and filed and approved as printed. Seconded by Lynch. Motion carried 7- 0. Notice of Claims/Suits: June Link, et al, vs. City of Dubuque, et al; Tricia Vosberg-Padget for personal injury, presented and read. Jones moved that the communication be received and filed and referred to the City Attorney. Seconded by Lynch. Motion carried 7-0. City Attorney advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Robert L. Wagner for property damage, presented and read. Jones moved that the communication be received and filed and concurred. Seconded by Lynch. Motion carried 7-0. City Attorney recommending settlement of the claim of Kmart Corporation for property damage and directing the Finance Department to issue payment, presented and read. Jones moved that the communication be received and filed and approved recommendation and directed the Finance Department to issue payment. Seconded by Lynch. Motion carried 7-0. 1 Operation: New View Community Action Agency: Communication from M. Thomas Stovall, Executive Director of Operation: New View Community Action Agency, requesting that the City make appointments to the Board of Directors at the first meeting in January 2007, presented and read. Jones moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. Request to Purchase: Communication of David L. Clemens, representing Mr. and Mrs. Robert McClain, requesting to purchase a portion of Union Avenue between Rush and Shandon Streets (currently Florence Street), presented and read. Jones moved that the communication be received and filed and referred to the City Manager. Seconded by Lynch. Motion carried 7-0. Nowata Street Reconstruction Project: City Manager recommending acceptance of the Nowata Street Reconstruction Project as completed by McDermott Excavating, Inc. in the final contract amount of $352,920.18 and approval of the final schedule of assessments, presented and read. Jones moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 550-06 ACCEPTING THE NOWATA STREET RECONSTRUCTION PROJECT Whereas, the contract for the Nowata Street Reconstruction Project (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Street Construction Fund, Watermain Replacement Fund, Street Program Related Sanitary Sewer Improvements Fund, Storm Sewer General Repairs Fund, and the Fiber Optic Conduit – Paving Projects Fund appropriations for the contract amount of $352,920.18 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. th Passed, approved and adopted this 20 day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Jones moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 551-06 FINAL ESTIMATE Whereas, the contract for the Nowata Street Reconstruction Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $419,694.44 and the said amount shall be paid from the Street Construction Fund, Watermain Replacement Fund, Street Program Related Sanitary Sewer Improvements Fund, Storm Sewer General Repairs Fund, and the Fiber Optic Conduit – Paving Projects Fund of the City of Dubuque, Iowa. Section 2. That $34,221.74 of the cost thereof shall be assessable upon private and commercial benefited properties and $263,659.93 shall be paid from the Street Construction Fund, $56,851.59 from the Watermain Replacement Fund, $39,918.99 from the Street Program Related Sanitary Sewer 2 Improvements Fund, $7,609.48 from the Storm Sewer General Repairs Fund, and $17,432.71 from the Fiber Optic Conduit – Paving Projects Fund. Passed, approved and adopted this 20th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Jones moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 552-06 RESOLUTION APPROVING THE FINAL SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheet(s), Page 1 to Page 1 inclusive, is hereby determined to be the Final Schedule of Assessments for the Nowata Street Reconstruction Project and the valuations set out herein are hereby approved. th Passed, approved and adopted this 20 day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk NOWATA STREET (UNIVERSITY AVENUE TO LORAS BOULEVARD) FINAL SCHEDULE OF VALUATION AND ASSESSMENTS DATE: NOVEMBER 14, 2006 The following 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 City Council of the City of Dubuque. PROPERTY OWNER LOT DESCRIPTION PARCEL NUMBER NET PAVING ASSESSMENT SANITARY SEWER LATERAL TOTAL NET ASSESSMENT Baal, Nicholas A. Lot 9 Pinehurst Sub. 10-26-207-007 $1369.59 $964.86 $2,334.45 City of Dubuque Lot 1 Pinehurst Sub. 0-26-206-002 Exempt $24,113.42 City of Dubuque Lot 18 Pinehurst Sub. 10-20-206-002 Exempt $3,155.23 City of Dubuque Lot 19 Pinehurst Sub. 10-20-206-002 Exempt $1,217.65 City of Dubuque Lot 20 Pinehurst Sub. 10-26-206-002 Exempt $ 693.95 DeMuth, Mark R. & Kathryn L., Lot 15 Pinehurst Sub. 10-26-207-001 $1369.59 $1110.82 $2,480.41 Kluesner, Nathan R. & Sharon K. Lot 5 Pinehurst Sub. 10-26-207-011 $1,621.60 $1.081.63 $2,703.23 Connolly, Darlene Lot 2 Pinehurst Sub. 10-26-207-023 $2,592.64 $1,256.79 $3,849.43 Heinz, Steven A. & Pamela J. Lot 8 Pinehurst Sub. 10-26-207-008 $1,369.59 $877.28 $2,246.87 Hoelscher, Larry G & Jennifer Y. Lot 14 Pinehurst Sub. 10-26-207-002 $1,369.59 $1,410.02 $2,509.61 King, David M. & Mary J. Lot 13 Pinehurst Sub. 10-26-207-003 $1,369.59 $994.05 $2,363.64 Moldenhauer, Karin Kae, NW ½ Lot 11 Pinehurst Sub. 10-26-207-005 $684.80 $684.80 Moldenhauer, Karin Kae, Lot 12 Pinehurst Sub. 10-26-207-004 $1,369.59 $1,110.82 $2,480.41 Mulgrew Oil Company, Lot 16 Pinehurst Sub. 10-23-486-001 $940.07 $940.07 Mulgrew Oil Company, Lot 17 Pinehurst Sub. 10-23-466-001 $2,478.38 $2,478.38 Oswald, Louis J. & Rose E. Lot 6 Pinehurst Sub. 10-26-207-010 $1,571.47 $1,169.21 $2,740.68 Peterson, Gary D. & Lili M. Lot 10 Pinehurst Sub. 10-206-207-006 $1,369.59 $935.66 $2,305.25 Peterson, Gary D. & Lili M. SE ½ Lot 11 Pinehurst Sub. 10-26-207-006 $684.80 $684.80 Scremin, Kathleen Ann Lot 4 Pinehurst Sub. 10-26-207-025 $223.24 $223.24 Thomas, Erik T. & Christine R. Lot 7 Pinehurst Sub. 10-26-207-009 $1,369.59 $906.47 $2,276.06 Willman, Raymond F. & Phyllis A. Lot 3 Pinehurst Sub. 10-26-207-024 $920.37 $920.37 Totals: NET PAVING ASSESSMENT: $51,584.38 SANITARY SEWER LATER ASSESSMENT $11,547.61 TOTAL NET ASSESSMENT: $63,401.99 Jones moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. 3 2006 Weed Assessments: City Manager recommending approval of the levy of special assessments for the 2006 Weed Enforcement Program, presented and read. Jones moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 553-06 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR THE 2006 WEED ENFORCEMENT PROGRAM SPECIFYING 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 SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for the 2006 Weed Enforcement Program which Schedule of Assessments was filed in the office of the city Clerk on the 8th day of November, 2006, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is herby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. 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 Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second 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 Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City th Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. th Passed, approved and adopted this 20 day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk City of Dubuque 2006 Weed Assessments Schedule of Final Assessments June 28, 2006 The following 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 by the City Council of the City of Dubuque, Iowa. PROPERTY OWNER LEGAL DESCRIPTION PARCEL NO. PROPERTY ADDRESS TOTAL ASSESSMENT GMAC Mortgage Company, 500 Enterprise Road Suite 150, Horsham PA 19044 1026252001 1906 Bennett Street 4 Lot 2-24 Ann O'Hare's Sub & W 30' - N 135' OF Lot 25 Ann O'Hares Sub.......................................$90.00 Judith Roidt 1023404018 1843 Adair Lot 1-27 Woodlawn Park Add & Lot 2-44 Rosedale Add Kristy Monahan-Smith 1013410024 2521 Stafford Lot 2-1 & E 1/2 of 4-2 Geigers.........................................................................................................$99.28 Richard & Rita Patters, 738 Montgomery, East Dubuque IL 61025 1013183009 2718 Elm Street Lot 205 Glendale Add.....................................................................................................................$60.00 Laura Gerner 1013454037 2407-2409 Stafford Lots 4 & 5 Klingenberg's Sub..........................................................................................................$44.22 Thomas & Vania Travis 1021206032 2251 Graham Circle Lot 11 Blk 2 Sunset Park #2..........................................................................................................$100.00 Lonnie Smothers 1013183018 2735 Pinard Lot 218 Glendale Add Mark McDonough, 10946 Mockingbird Drive, Peosta IA 52068 1027229016 2650 Nebraska Lot 583 & 584 Lenox Add..............................................................................................................$135.00 Robert Neuwoehner 1025260006 454 Emmett Lot 2-3 of City Lot 601.....................................................................................................................$85.00 Adair Holdings LLC, 405 North 115 St., Suite 100, Omaha NE 68154 1013183026 2705 Pinard (former) Lot 210 Glendale Add.....................................................................................................................$85.00 Mark & Misty Waechter 1024133018 346 Klingenberg th Lot 18 C Klingenberg's 4.............................................................................................................$105.00 Shirley Klein 1118353006 914 Rhomberg Avenue NE 28'4" Of Lot 11 Hooper's Add....................................................................................................$82.65 Jeremy Schrodt 1025251001 555 Cooper Place Lot 16 Cooper Hgts Add................................................................................................................$115.00 5 Chad & Anna Fontanini 1015153020 2951 Old Country Lane Lot 10 Blk 6 Arbor Oaks................................................................................................................$115.00 Nathan & Tiffany Lawrence 1024308012 605 W 17th Street 5.75' of Lot 1 of Quigley's Sub of 712............................................................................................$115.00 Mary Ann & Frances Heles 1024353025 1360 Cummins Lot 19-3 Min Lot 90 & Lot 1-5-1 Min Lot 89 & Lot 2-1-6 Blk 2 Hamblin Sub.....................................$85.00 Benjamin C. Kerns 1024130003 2286 Central Avenue W 1/2 - S 1/2 Lot 18 & W 1/2 - N 1/4 Lot 169 LH Langworthy's Add................................................$85.00 James & Paula Bodish, 21402 Mud Lake Road, Dubuque IA 52001 1024127033 347 Kaufmann Avenue Lot 5 Welands Sub.........................................................................................................................$85.00 Alvy Kennedy 1013483002 718 Providence NE 1/2 Lot 72 cook's Add................................................................................................................$85.00 Adair Holdings LLC, 405 North 115 St., Suite 100, Omaha NE 68154 1013183026 2705 Pinard (former) Lot 210 Glendale Add.....................................................................................................................$85.00 Thomas Fries 1023483017 1225 North Booth Lot 2-1 Trenks Booth St Pl............................................................................................................$115.00 Rick & Kelly Tuthill 1022402005 2145 Chaney Road Lot 4 Blk 2 Hillcrest Park...............................................................................................................$105.00 Michael Coty 1025260011 137 Bluff Street E 50' Lot 7 of City Lot 601 & E 50'-N 6'-Lot 8 of City Lot 601...........................................................$65.00 Robert Nesler 1022176025 2255 Chippewa Drive Lot 1 of W 150' of Lot 14 Highland Park Sub...................................................................................$85.00 Total $2,026.15 Jones moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. 6 Iowa Clean Air Attainment Program (ICAAP) Funding Approval: City Manager recommending approval of an application to the Iowa Department of Transportation for Iowa Clean Air Attainment Program funding for the IA 32 (Northwest Arterial) Capacity Improvements Project, presented and read. Jones moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 554-06 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR IOWA CLEAN AIR ATTAINMENT PROGRAM (ICAAP) FUNDING FOR THE CITY OF DUBUQUE IA 32 (NORTHWEST ARTERIAL) CAPACITY IMPROVEMENTS PROJECT Whereas, traffic congestion problems that occur in the IA 32 (Northwest Arterial) Corridor of the City of Dubuque could be improved by intersection and traffic signal improvements; and Whereas, the City of Dubuque has determined that improvements to this corridor, as recommended in the initial findings of the Northwest Arterial Operations Study provided by HDR Engineering, Inc., will increase traffic flow, thereby reducing vehicle emissions caused by vehicle delay; and Whereas, the Iowa Department of Transportation provides, on a competitive basis, funds for transportation projects that address congestion problems and provide air quality improvements; and, Whereas, the City of Dubuque is willing to commit the necessary local matching fund for project implementation and upon completion, in cooperation with the Iowa Department of Transportation, be responsible for adequately maintaining and operating the project for public use during the project’s useful life. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. The City makes application to the Iowa Department of Transportation for funds through the Iowa Clean Air Attainment Program to fund the IA 32 (Northwest Arterial) Capacity Improvements Project. Passed, approved and adopted this 20th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Jones moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Tetra Tech, Inc. - Monitoring Well Installation: City Manager recommending approval of a License Agreement with Tetra Tech, Inc. to install a monitoring well, soil gas point and soil boring within City right-of-way at the property of 1545 South Grandview Avenue presented and read. Jones moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 555-06 RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND TETRA TECH, INC. TO INSTALL MONITORING WELL, SOIL GAS POINT AND SOIL BORING ON PUBLIC RIGHT-OF-WAY IN THE AREA OF 1545 SOUTH GRANDVIEW AVENUE Whereas, Tetra Tech, Inc., on behalf of the Ludwig Estates, has requested permission from the City of Dubuque to install monitoring well, soil gas point and soil boring on City right-of-way at 1545 South Grandview Avenue in Dubuque, Iowa, for the purpose of continuing the process of closing out the Licensed Underground Storage Tank (LUST) site, all in cooperation with the Iowa Department of Natural Resources (Iowa DNR) and the Iowa Underground Storage Tank (UST) Fund; and, Whereas, the License Agreement for Site Assessment has been prepared outlining the responsibilities of Tetra Tech, Inc. in the installation of the monitoring well, soil gas point and soil boring on public right-of-way; and, Whereas, the performance of the activities of Tetra Tech, Inc. will be at no cost or expense to the City, and all work will be performed by the licensee, or its employees, agents or subcontractors; and, 7 Whereas, it is the desire of the City Council to enter into said License Agreement for the installation of monitoring well, soil gas point and soil boring in the public right-of-way as requested. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The License Agreement for Site Assessment be and the same is hereby approved. Section 2. That the Mayor be and is hereby authorized to execute said License Agreement for and on behalf of the City Council. Passed, approved and adopted this 20th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Jones moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Tri-State Community Health Center: Communication from the Crescent Community Health Center requesting a letter of support for the Tri-State Community Health Center's efforts to obtain grant funding to establish a Federally Qualified Community Health Center (FQHC) in Dubuque, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Lynch. Motion carried 7-0. West End Transfer Site for KeyLine: City Manager recommending approval of an easement agreement with William Oldfather of Oldfather Financial Services, owners of the Econo Food property, for a bus shelter on the Econo Foods site at Kennedy Circle, presented and read. Jones moved that the communication be received and filed and approved. Seconded by Lynch. Motion carried 7-0. Resolution of Support - Cottingham & Butler CEBA Application: City Manager recommending approval of an amended Resolution of Support for the Cottingham & Butler CEBA Application, presented and read. Jones moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 556-06 RESCINDING RESOLUTION NO. 468-06 AND AUTHORIZING THE FILING OF AN AMENDED COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) APPLICATION ON BEHALF OF COTTINGHAM & BUTLER, INC. Whereas, Cottingham & Butler, Inc. has proposed the expansion of its operations in Dubuque, Iowa; and Whereas, the City Council of Dubuque, Iowa has considered said proposal and has determined that the proposed project will contribute to the local economy through the creation of 90 new jobs for area residents; and Whereas, the Iowa Department of Economic Development's Community Economic Betterment Account (CEBA) was designed to assist in the economic development efforts of local jurisdictions; and Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the CEBA program; and Whereas, Resolution No. 468-06 incorrectly stated the local commitment made in the CEBA application; and Whereas, the City Council finds that the application for participation in the Community Economic Betterment Account program and the local match identified in the application should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 468-06 is hereby rescinded. Section 2. That the application and the local match identified in the application as $600,000 in loans, $40,000 in grants and a 10-year TIF rebate for increased building valuation estimated at one million 8 dollars to the company is hereby approved, subject to approval by the Iowa Department of Economic Development. Section 3. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit said application to the Iowa Department of Economic Development together with such additional documents as may be required. Passed, approved, and adopted this 20th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne Schneider, City Clerk Jones moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. 28E Pool, Tattoo and Tanning Program Agreement: City Manager recommending approval of the submission of a letter to the Iowa Department of Public Health indicating the City's interest for a 28E Pool, Tattoo and Tanning Program agreement, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Lynch. Motion carried 7-0. Renewal Rates for Voluntary Dental Plan: City Manager recommending approval of the renewal rates for the City’s Voluntary Dental Plan, which is paid in full by the employees, presented and read. Jones moved that the communication be received and filed and approved recommendation. Seconded by Lynch. Motion carried 7-0. Jan’s Sewtique: Communication from Jan Bell, Jan’s Sewtique, requesting that parking on White Street between 8th and 9th Streets be limited to two-hours, presented and read. Jones moved that the communication be received and filed and referred to the City Manager. Seconded by Lynch. Motion carried 7-0. Signed Contracts: 1934 Federal Building Renovation Design Contract; City Hall Tuckpointing Project, presented and read. Jones moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. Business License Refund: Request of Dolores G. Weber, Ten Pin Tap, for a refund of her Class C Liquor license in the amount of $211.25, presented and read. Jones moved that the communication be received and filed and approved refund. Seconded by Lynch. Motion carried 7-0. BUSINESS LICENSES City Manager recommending approval of the annual liquor license renewal for the Aragon tap, Grand Harbor Resort/Water, Jumpers Sports Bar/Grill, Target Store and Plaza 20 BP/Amoco, presented and read. Jones moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 557-06 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “C” BEER PERMIT Target Corp Target Store T-0086+(Sunday Sale) 3500 Dodge St 9 R Future Inc Plaza 20 BP/Amoco+(Sunday Sale) 2600 Dodge St Passed, approved and adopted this 20th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Jones moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 558-06 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “B” LIQUOR LICENSE Platinum Holdings LLC Grand Harbor Resort/Water Park+(Sunday/Outdoor Sale) 350 Bell St CLASS “C” BEER/LIQUOR LICENSE Aragon Tap Inc. Aragon Tap+(Sunday Sale) 1103 Iowa DM Sports Bar Inc Jumpers Sports Bar/Grill+(Sunday Sale) 2600 Dodge CLASS “B” WINE Target Corporation Target Store T-0086 3500 Dodge Passed, approved and adopted this 20th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Jones moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Sewer Revenue Capital Loan Notes - $253,850: City Manager recommending that a public hearing be set for December 6, 2006 on the proposition of issuing not to exceed $253,850 in Sewer Revenue Capital Loan Notes for rehabilitation of sanitary sewers in connection with the North Fork Catfish Creek Project and the Water Pollution Control Plant Study, presented and read. Michalski moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 559-06 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $253,850 SEWER REVENUE CAPITAL LOAN NOTES OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa should provide for the authorization of a Loan and Disbursement Agreement and the issuance of Sewer Revenue Capital Loan Notes, in the amount of not to exceed $253,850, as authorized by Sections 384.24A and 384.82, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter described; and WHEREAS, the City has applied for a loan through the Iowa Sewage Treatment Works Financing Program pursuant to which the Iowa Finance Authority has agreed to purchase the City's Notes and has requested that such Notes be issued as a single Note in a denomination equal to the total amount of the issue as authorized by Chapter 384 of the City Code of Iowa; and 10 WHEREAS, the Loan and Disbursement Agreement and Note shall be payable solely and only out of the net earnings of the Municipal Sewer System and shall be a first lien on the future net earnings of the Utility; and shall not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by reason of the failure of the net revenues to be sufficient for the payment of the Loan and Disbursement Agreement and Note; and WHEREAS, before a Loan and Disbursement Agreement may be authorized and Sewer Revenue Capital Loan Notes issued to evidence the obligation of the City hereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan and Disbursement Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at th 6:30 o'clock p.m., on the 4 day of December, 2006, for the purpose of taking action on the matter of the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $253,850 Sewer Revenue Capital Loan Notes to evidence the obligations of the City hereunder, the proceeds of which will be used to provide funds to pay the costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with the undertaking of a Plan of Action Study for the Water Pollution Control Plant, and the rehabilitation of sanitary sewers in connection with the North Fork Catfish Creek Project. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of the Notes. Section 3. The notice of the proposed action shall be in substantially the [provided] form. th Passed and approved this 20 day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution and set public hearing for 12/4/06 at a meeting to commence at 6:30 p.m. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Lynch. Motion carried 7-0. General Obligation Capital Loan Notes - $1,889,521: City Manager recommending that a public hearing be set for December 6, 2006 on the proposition of issuing not to exceed $1,889,521 in General Obligation Capital Loan Notes from the State of Iowa Revolving Fund Loan (SRF) for the Lower Bee Branch Creek Restoration Project and Upper Bee Branch Creek Restoration Project and culvert improvements and creek restoration and stabilization undertaken as part of the North Fork Catfish Creek Project, presented and read. Michalski moved adoption of Resolution No. 560-06 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $1,889,521 General Obligation Capital Loan Notes of Dubuque, Iowa, and providing for publication of notice thereof and set this for public hearing at a meeting to commence at 6:30 p.m. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Lynch. Motion carried 7-0. Council Member Ann Michalski introduced the following Resolution entitled “RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT 11 AND THE ISSUANCE OF NOT TO EXCEED $1,889,521 GENERAL OBLIGATION CAPITAL LOAN NOTES OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF”, and moved that the same be adopted, Council Member Kevin Lynch seconded the motion to adopt. The roll was called and the vote was, AYES: Braig, Buol, Cline, Connors, Jones, Lynch, Michalski. NAYS: None Whereupon, the Mayor declared the Resolution duly adopted as follows: RESOLUTION NO. 560-06 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $1,889,521 GENERAL OBLIGATION CAPITAL LOAN NOTES OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa, should provide for the authorization of a Loan and Disbursement Agreement and the issuance of General Obligation Capital Loan Notes, in the amount of not to exceed $1,889,521, as authorized by Sections 384.24A and 384.82, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter, described; and WHEREAS, the City has applied for loan through the Iowa sewage treatment Works Financing Program pursuant to which the Iowa Finance Authority has agreed to purchase the City’s Notes and has requested that such Notes be issued as single Note in a denomination equal to the total amount of the issue as authorized by Chapter 384 of the City Code of Iowa; and WHEREAS, the Loan and Disbursement Agreement and Notes shall be payable from the Debt Service Fund; and WHEREAS, before a Loan and Disbursement Agreement may be authorized and General Obligation Capital Loan Notes issued to evidence the obligation of the City there under, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan and Disbursement Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council met in the Library Auditorium, Dubuque, Iowa, at 6:30 o’clock P.M., on th the 4 day of December, 2006, for the purpose of taking action on the matter of the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $1,889,521 General Obligation Capital Loan Notes to evidence the obligations of the City hereunder, the proceeds of which will be used to provide funds to pay the costs of constructing storm water interceptor and culvert improvements, including those costs associated with the Lower Bee Branch Creek Restoration Project, the restoration or day-lighting of the buried Upper Bee Branch Creek, and culvert improvements and creek restoration and stabilization undertaken as part of the North Fork Catfish Creek Project. Section 3. The notice of the proposed action shall be in substantially the [provided] form: th Passed and approved this 20 day of November, 2006 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Herrig Voluntary Annexation: City Manager recommending that a public hearing be set for December 18, 2006, to correct a typographical error in the legal description for the previously-approved annexation of 112.10 acres owned John and Sally Jo Herrig south of Derby Grange Road, upon motion received and filed and set public hearing for 12/18/06 at a meeting to commence at 6:30 p.m. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. BOARDS/COMMISSIONS 12 Applicants are invited to address the Council regarding their desire to serve on the following Commission: Investment Oversight Advisory Commission (One unexpired term through 7/1/08) Applicant: Virgil Blocker Appointment to the following Commission: Housing Commission (One Unexpired three-year term through 8/17/08) Applicant: Linda Frommelt Upon motion Linda Frommelt appointed to the Housing Commission for an unexpired three year term which will expire 8/17/08. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council. Greg Adams/Stewart Construction, Inc. – Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at the southwest corner of Seippel Road and Old Highway Road (Lot 1 of 2 Mason Cate Estates) from LI Light Industrial District to HI Heavy Industrial District as requested by Greg Adams/Stewart Construction, Inc., and Zoning Advisory Commission recommending denial and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located near the southwest corner of Seippel Road and Old Highway Road from LI Light Industrial District to HI Heavy Industrial District, presented and read. Applicant Greg Adams spoke requesting that the issue be referred back to the Zoning Advisory Commission for modified rezoning. Jeff Stiles, Vice-Chair of the Zoning Advisory Commission, spoke stating the Commission would be willing to reconsider the modified rezoning request. Connors moved that this item be referred back to the Zoning Advisory Commission. Seconded by Jones. Motion carried 6-0. LeNore Nesler/James McMahon – Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 1108 Locust Street from OR Office Residential District to C-2 Neighborhood Shopping Center District to permit a coffee shop/deli with apartment above as requested by LeNore Nesler/James McMahon and Zoning Advisory Commission recommending approval, presented and read. Stuart G. Hoover, representing LeNore Nesler, spoke in support of the project and described the improvements which would be made to the property. Dave Stuart, 1470 Locust, spoke in strong support of the project and stated he had been authorized to speak for numerous groups in the downtown area, i.e., the Downtown Neighborhood Association and the Masonic Temple. Ordinance No. 71-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 1108 Locust Street from OR Office Residential District to C-2 Neighborhood Shopping Center District, presented and read. Connors 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 Jones. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 71-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1108 LOCUST STREET FROM OR OFFICE RESIDENTIAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property OR Office Residential District to C- 2 Neighborhood Shopping Center District, to wit: South 1/5 of South 2/5 of City Lot 478, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been 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. th Passed, approved and adopted this 20 day of November, 2006. /s/Roy D. Buol, Mayor: Attest: Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 24 day of November, 2006. /s/Jeanne F. Schneider, CMC, City Clerk 1t 11/24 American Trust and Savings Bank – Request for Text Amendment: Proof of publication on notice of hearing to consider amending Section 3-5.2 of the Zoning Ordinance to allow drive-up ATM teller machines in medical ID Institutional Districts as requested by Robert Peacock, American Trust and Savings Bank, and Zoning Advisory Commission recommending approval, presented and read. Robert Peacock, Senior Vice President of American Trust and Savings Bank, spoke in support. Ordinance No. 72-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adding automated teller machines as an accessory use in ID Institutional Districts, presented and read. Connors 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 Braig. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 72-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING DRIVE-UP AUTOMATED TELLER MACHINES AS AN ACCESSORY USE IN THE ID DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Sections 3-5.2(C)(1), 3-5.2 (C)(4) and 3.5.2(E)(3) of the Code of Ordinances are hereby amended by adding drive-up automated teller machines as an accessory use in the ID Institutional District as follows: : (C) Accessory Uses: The following uses shall be permitted as accessory uses as provided in Section 4 of this ordinance: (1) Restaurants or cafeterias; flower shops; gift shops, and candy, cigar or magazine , stands; but only when operated and located entirely within a principal buildingexcept that drive-up automated teller machines shall be allowed on medical institutional campuses. (4) All other uses customarily incidental to the principal permitted use in conjunction with which such accessory use is operated or maintained, but not to include commercial uses outside a principal building, except for drive-up automated teller machines. (E) Prohibition on commencement of use by parties unassociated with the principal institution: Within an existing ID Institutional District, no use otherwise provided for this district may be commenced by any person(s) except that: (1) The principal institution or its agent; or 14 (2) A person under contractual or other legally binding obligation to provide services to such institution (e.g., the independent operator of a student cafeteria); or (3) The person or persons operating a doctors’ clinic or other facility permitted under the principal permitted or accessory uses of this section. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 20 day of November, 2006. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 24 day of November, 2006. /s/Jeanne F. Schneider, CMC, City Clerk 1t 11/24 Mayor Buol turned control of the meeting to Mayor Pro-Tem Braig due to possible conflict of interest. University of Dubuque – Amend ID Institutional District: Proof of publication on notice of hearing to consider amending the University of Dubuque ID Institutional District to allow replacement of the existing facilities building with a new structure located in the southwest portion of the campus near West and Gilliam Streets and Zoning Advisory Commission recommending approval, presented and read. Jim Steiner, Vice President of Finance at the University of Dubuque, reviewed the building design and addressed various concerns expressed by neighboring residents with regard to how the issues would be resolved. Ordinance No. 73-06 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the approval of an amended Conceptual Development Plan to allow construction of a new facility building for the University of Dubuque ID Institutional District, presented and read. Jones 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 Michalski. Motion carried 6-0. Jones moved final consideration and passage of the Ordinance. Seconded by Lynch. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 73-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY PROVIDING FOR THE APPROVAL OF AN AMENDED CONCEPTUAL DEVELOPMENT PLAN TO ALLOW CONSTRUCTION OF A NEW FACILITY BUILDING FOR THE UNIVERSITY OF DUBUQUE ID INSTITUTIONAL 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 be amended by providing for the approval of an amended conceptual development plan for the University of Dubuque ID Institutional District, a copy of which is on file with the City of Dubuque Planning Services Department, for property legally described to wit: Lot 2 of 70 & 71 Finley Waples & Burtons Addition and Lots 2-1, 1 & 2 of 1-1-1 and Lot 2-1-1 all in Cain’s Subdivision No. 2 and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Institutional District Regulations. A. Use Regulations. The following regulations shall apply to all uses made of land in the above- described ID Institutional District: 15 1. Principal permitted uses shall be limited to: a. Colleges and universities [45] b. Vocational Schools [45] c. Seminaries [45] d. Offices for administrative personnel or other institutional employees and affiliates [14] e. Churches [7], libraries, and museums [13] f. Classrooms, laboratories, lecture halls, and similar places of institutional assembly [45] g. Off-street parking and loading [NA] h. Recreational or athletic facilities for the primary use and benefit of institutional residents or affiliates [7] i. Single-family, two family [11] or multi-family dwellings for the housing of institutional residents or affiliates [9] 2. Accessory Uses. The following uses shall be permitted as accessory uses in the above-described ID Institutional District: a. Located entirely within a principal building, bookstores, or bars seating not more than seventy-five (75) persons at one time and located not closer than two hundred feet (200') from the nearest Residential or Office Residential District. b. All uses customarily incidental to the principal permitted uses in conjunction with which such accessory uses operated or maintained, but not to include commercial use outside the principal building. 3. No conditional uses shall be allowed. [ ] Parking requirements as per Section D of this Ordinance. B. Lot and Bulk Regulations. Development of land in the ID Institutional District shall be regulated as follows: The proposed new Facility Building shall be constructed in substantial conformance with the attached conceptual development plan and all final site development plans are to be approved in accordance with provisions of the ID Institutional District regulations. C. Performance Standards The development and maintenance of uses in this ID Institutional District shall be established in conformance with Section 3-5.2 of the Zoning Ordinance and the following standards: 1. New outdoor lighting shall utilize 72-degree cut-off luminaries. 2. Landscaping shall be provided in compliance with Section 4-5 of the Zoning Ordinance. 3. All utilities including telephone and cable television shall be installed underground. 4. Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance. D. Parking Requirements The off-street parking requirements for the principal permitted uses for the herein described ID Institutional District shall be designated by a bracket enclosed number next to the use, as herein described: [9] 1.5 spaces for each dwelling unit [11] Two spaces for each dwelling unit [14] One space for each four hundred square feet devoted to office use or one space for each employee on the maximum shift, whichever is greater. [7] One space for each four permanent seats. [13] One space for each five hundred square feet of floor area accessible to the general public. 16 [45] Dormitories - one space for each bed Gymnasiums - one space for each six permanent seats Employees - .75 spaces for each employee on the maximum shift E. Open Space and Recreational Areas Those areas not designated on the conceptual development plan for development shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance by the property owner and/or association. F. Sign Regulations The sign regulations shall be the same as that which are allowed in the ID Institutional District as established in Section 4-3.11 of the Zoning Ordinance. G. Additional Standards That all previously approved conceptual development plans are hereby amended to allow for the attached conceptual development plan. H. Transfer of Ownership Transfer of ownership or lease of property in this ID Institutional District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. I. 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. J. 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 thirty (30) days of the adoption of this ordinance. This ordinance shall be binding upon the undersigned and all his/her heirs, successors and assignees. Section 3. That the foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. That the foregoing amendment shall take effect upon publication, as provided by law. th Passed, approved, and adopted this 20 day of November, 2006. /s/Karla A. Braig, Mayor Pro-Tem Attest: /s/Jeanne Schneider, CMC, City Clerk th Published in the Telegraph Herald Newspaper the 25 day of November, 2006. /s/Jeanne F. Schneider, CMC, City Clerk 1t 11/25 Mayor Buol returned and took control of the meeting. Urban Renewal Tax Increment Revenue Notes: Proof of publication on notice of hearing to consider the issuance of Urban Renewal Tax Increment Revenue Notes to support the Chavenelle Warehouse Development, LLC / Theisen Supply, Inc. expansion project at the Dubuque Industrial Center West and City Manager recommending approval, presented and read. Connors moved adoption of Resolution No. 561-06 Instituting proceedings to take additional action for the issuance of not to exceed $812,000 Urban Renewal Tax Increment Revenue Notes, and Resolution No. 562-06 Authorizing and providing for the issuance of $812,000 Urban Renewal Tax Increment Revenue Notes, Taxable Series 2006, of the City of Dubuque, Iowa, and providing for the securing of such notes for the purpose of carrying out an Urban Renewal Project in the area of the City of Dubuque, Iowa designated as the Dubuque Industrial Center Economic Development District. Seconded by Jones. Motion carried 7-0. 17 The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Joyce Connors introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $812,000 URBAN RENEWAL TAX INCREMENT REVENUE NOTES," and moved its adoption. Council Member Ric Jones seconded the motion to adopt. The roll was called and the vote was, AYES: Braig, Buol, Cline, Connors, Lynch, Jones, Michalski. NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: RESOLUTION NO. 561-06 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $812,000 URBAN RENEWAL TAX INCREMENT REVENUE NOTES WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $812,000 Urban Renewal Tax Increment Revenue Notes for the purpose of pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, including the funding of an economic development grant to Chavenelle Warehouse Development, LLC under the terms of a Development Agreement dated June 19, 2006 by and among the City of Dubuque, Chavenelle Warehouse Development, LLC and Theisen Supply, Inc., and has considered the extent of objections received from residents or property owners as to said proposed issuance; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of not to exceed $812,000 Urban Renewal Tax Increment Revenue Notes for the foregoing purpose. Passed and approved this 20th day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Council Member Joyce Connors introduced the following: Resolution entitled "A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $812,000 URBAN RENEWAL TAX INCREMENT REVENUE NOTES, TAXABLE SERIES 2006, OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR THE SECURING OF SUCH NOTES FOR THE PURPOSE OF CARRYING OUT AN URBAN RENEWAL PROJECT IN THE AREA OF THE CITY OF DUBUQUE, IOWA DESIGNATED AS THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT", and moved its adoption. Council Member Ric Jones seconded the motion to adopt. The roll was called and the vote was: AYES: Braig, Buol, Cline, Connors, Jones, Lynch, Michalski. NAYS: None Whereupon the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 562-06 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $812,000 URBAN RENEWAL TAX INCREMENT REVENUE NOTES, TAXABLE SERIES 2006, OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR THE SECURING OF SUCH NOTES FOR THE PURPOSE OF CARRYING OUT AN URBAN RENEWAL PROJECT IN THE AREA OF THE CITY OF DUBUQUE, IOWA DESIGNATED AS THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT 18 WHEREAS, the City Council of the City of Dubuque, Iowa (the "City" or the "Issuer") has heretofore, by Resolution No. 478-97 of this City Council approved on November 17, 1997, adopted an Amended and Restated Urban Renewal Plan (the "Urban Renewal Plan") under which plan there are to be carried out urban renewal project activities in an area designated as the Dubuque Industrial Center Economic Development District (the "Project Area"); and WHEREAS, it is presently estimated that the costs of carrying out the purposes and provisions of the Urban Renewal Plan for the Project Area, including the purpose set forth in Section 3 hereof, exceed $812,000, and provisions must now be made by the City to provide for the payment of such costs by the issuance of Notes; and WHEREAS, the City has heretofore adopted Ordinance No. 66-97, under Section 403.19 of the Code of Iowa (the "Ordinance"), under which the taxes levied on the taxable property in the Project Area shall be divided, and a special fund created under the authority of Section 403.19(2) of the Code of Iowa, as amended (which special fund is hereinafter referred to as the "Dubuque Industrial Center Economic Development District Tax Increment Revenue Fund" or "Revenue Fund") which fund was created in order to pay the principal of and interest on loans, monies advanced to or indebtedness whether funded, refunded, assumed, or otherwise, including bonds issued under the authority of Section 403.9(1) of the Code of Iowa, as amended, incurred by the City to finance or refinance in whole or in part urban renewal project activities undertaken within the Project Area, and pursuant to which Ordinance such Revenue Fund may be irrevocably pledged by the City for the payment of principal and interest on such indebtedness; and WHEREAS, the notice of intention of Issuer to take action for the issuance of not to exceed $812,000 Urban Renewal Tax Increment Revenue Notes has heretofore been duly published and no objections to such proposed action have been filed and it is now necessary and advisable that provisions be made for the issuance of Notes to the amount of $812,000 pursuant to the provisions of Section 403.9(1) of the Code of Iowa, payable from a portion of the income and proceeds of the Revenue Fund and other funds of the City derived from or held in connection with the undertaking and carrying out of the Urban Renewal Plan for the Project Area as described herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA: Section 1. Definitions. In addition to the defined terms set forth in the preambles hereof, the following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: • "Clerk" shall mean the City Clerk or such other officer of the successor Governing Body as shall be charged with substantially the same duties and responsibilities; • "Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body; • "Developer" shall mean Chavenelle Warehouse Development, LLC, an Iowa limited liability company; • "Development Agreement" shall mean the Development Agreement dated as of June 19, 2006 between and among the City, the Developer and the Employer, as amended from time to time; • "Development Property" shall mean that portion of the Project Area being developed by the Developer under the terms of the Development Agreement, upon which the Developer has covenanted to construct the Minimum Improvements, being legally described as set forth in the Development Agreement; • "Dubuque Industrial Center Economic Development District Tax Increment Revenue Fund" or "Revenue Fund" means the special fund of the City created under the authority of Section 403.19(2) of the Code of Iowa and the Ordinance, which fund was created in order to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, including bonds or other obligations issued under the authority of Section 403.19 or 403.12 of the Code of Iowa, incurred by the City to finance or refinance in whole or in part projects undertaken pursuant to the Urban Renewal Plan for the Project Area; 19 • "Employer" shall mean Theisen Supply, Inc., an Iowa corporation; • "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 Body or by law as the official accounting period of the Issuer; • "Governing Body" shall mean the City Council of the City, or its successor in function with respect to the operation and control of the Project Area; • "Independent Auditor" shall mean an independent firm of Certified Public Accountants or the Auditor of State; • "Issuer" and "City" shall mean the City of Dubuque, Iowa; • "Minimum Improvements" shall mean the construction of a corporate office/industrial facility by the Developer on the Development Property for transfer to and use by the Employer in accordance with the terms of the Development Agreement; • "Notes" or "Note" shall mean the $812,000 Urban Renewal Tax Increment Revenue Note, Taxable Series 2006, authorized to be issued by this Resolution; • "Original Purchaser" shall mean Dubuque Bank & Trust Company, Dubuque, Iowa, as the purchaser of the Note from Issuer at the time of its original issuance; • "Paying Agent" shall be the City Treasurer, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Note as the same shall become due; • "Project Area" shall mean the Dubuque Industrial Center Economic Development District of the Issuer, as amended from time to time; • "Project Fund" or "Construction Account" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Note; • "Registrar" shall be the City Treasurer of Dubuque, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Note. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Note; • "Tax Increments" means the property tax revenues divided and made available to the City for deposit in the Dubuque Industrial Center Economic Development District Tax Increment Revenue Fund under the provisions of Section 403.19 of the Code and the Ordinance; • "Theisen TIF Account" means a separate account to be established within the Dubuque Industrial Center Economic Development Tax Increment Revenue Fund of the City, in which there shall be deposited all Tax Increments received by the City in respect of the Minimum Improvements and the Development Property; • "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Note issued hereunder. Section 2. Authorization .The Note authorized by this Resolution shall be issued pursuant to Section 403.9 of the Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. Section 3. Authorization, Purpose, Approval of Purchase Agreement and Disbursements. There are hereby authorized to be issued, one negotiable, serial, fully registered Urban Renewal Tax Increment Revenue Note, Taxable Series 2006, of the City of Dubuque, in the County of Dubuque, State of Iowa, in the aggregate principal amount of $812,000 for the purpose of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, including the funding of an economic development grant to Chavenelle Warehouse Development, LLC, under the terms of a Development Agreement dated June 19, 2006 by and among the City of Dubuque, Chavenelle Warehouse Development, LLC and Theisen Supply, Inc. 20 The Purchase Agreement between the City and the Original Purchaser (the "Purchase Agreement") is hereby approved in substantially the form presented at this meeting, and the Mayor and City Clerk are authorized to execute and deliver the same on behalf of the City with such changes as shall to them, upon the advice of Corporation Counsel, be necessary or appropriate. On the date of issuance of the Note, proceeds of the Note in the amount set forth in the disbursement and repayment schedule attached to the Purchase Agreement shall be drawn upon and deposited in the Project Fund and held in such fund until disbursed to the Developer in accordance with the Development Agreement and applied to costs of issuance of the Note. In addition to such amount, the amounts set forth in said disbursement and repayment schedule shall be withdrawn by the Treasurer on December 31, 2006, June 30, 2007, December 31, 2007 and June 30, 2008 (in the respective amounts set forth in the said schedule) and deposited in the Sinking Fund established in Section 16 hereof and thereafter applied to the payment of interest on the Note on said dates. Section 4. Source of Payment. As provided and required by Chapter 403 of the Code of Iowa, and Section 403.9, the Note and interest thereon shall be payable from and secured solely and only by amounts deposited and held from time to time in the Theisen TIF Account of the City. The City hereby covenants and agrees to maintain the Ordinance in force during the term of the Notes and to apply the Tax Increments collected in respect of the Development Property and the Minimum Improvements located thereon and allocated to the Theisen TIF Account to the payment of the principal of and interest on the Notes. The Notes shall not be payable in any manner from other Tax Increments collected in respect of other properties within the Project Area or by general taxation or from any other City funds. The Notes shall not constitute an indebtedness within the meaning of any statutory debt limitation or restriction and shall not be subject to the provisions of any other law relating to the authorization, issuance or sale of notes. The Notes shall recite in substance that they have been issued by the City in connection with an urban renewal project as defined in Chapter 403 of the Code of Iowa, and in any suit, action or proceeding involving the validity or enforceability of any Note issued hereunder or the security therefore, such Notes shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located and carried out in accordance with the provisions of Chapter 403 of the Code of Iowa. Section 5. Note Details. Urban Renewal Tax Increment Revenue Notes of the City in the amount of $812,000 shall be issued pursuant to the provisions of Section 403.9 of the Code of Iowa for the aforesaid purpose. The Notes shall be designated "URBAN RENEWAL TAX INCREMENT REVENUE NOTE, TAXABLE SERIES 2006", be dated as of the date of delivery, and bear interest from the date of disbursement of the proceeds thereof at the rate of 8.25% per annum, until payment thereof, at the office of the Paying Agent, and shall mature in the principal amounts set forth on the disbursement and repayment schedule attached to the Purchase Agreement as Exhibit A and incorporated herein by this reference. As set forth on said schedule, principal shall be payable on December 31, 2008 and semiannually thereafter on the last business day of June and December of each year in the amounts set forth therein until principal and interest are fully paid, except that the final installment of the entire balance of principal and interest, if not sooner paid, shall become due and payable on June 30, 2018. The Note shall be executed by the manual signature of the Mayor and attested by the manual signature of the City Clerk, and impressed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Note. The Note shall be in the denomination of $1,000 or multiples thereof and shall, at the request of the Original Purchaser, be issued initially as a single Note in the principal amount of $812,000 and numbered R-1. Section 6. Redemption. The principal of the Note may be called for redemption by the Issuer and paid before maturity on any date, from any funds regardless of source, in whole or from time to time in 21 part, by giving thirty days' notice of redemption by registered or certified mail, to the registered owner of the Note. The terms of redemption shall be par, plus accrued interest to date of call. Section 7. Registration of Notes• Appointment of Registrar Transfer Ownership, Delivery; and Cancellation. (a) Registration. The ownership of Notes may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Notes, and in no other way. The Treasurer is hereby appointed as Note Registrar under the terms of this Resolution. 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 and Section 384.83(5) of the Code of Iowa, subject to the provisions for registration and transfer contained in the Notes and in this Resolution. (b) 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 individuals, 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 information pertaining to the registered owner required above. Upon the transfer of any such Note, a new fully registered Note, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Note, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred 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 Resolution. (d) Ownership. As to any Note, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Notes and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Notes which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All 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) Non-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 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 completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Notes who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Notes. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall 22 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. Section 8. Re-issuance of Mutilated, Destroyed, Stolen or Lost Notes. In case any outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Note of like tenor and amount as the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of and substitution for the Note destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer 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 and paying such expenses as the Issuer may incur in connection therewith. Section 9. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Note, shall be made to the registered holder thereof or to their designated agent th as the same appear on the books of the Registrar on the 15 day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Notes to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Note to the Paying Agent. Section 10. Execution, Authentication 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 entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Note a Certificate of Authentication substantially in the form of the 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. Section 11. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered Noteholder. Section 12. Form of Note. Notes shall be printed in substantial compliance with standards proposed by the American Standards Institute (substantially in the form as provided) Section 13. Equality of Lien. The timely payment of principal of and interest on the Notes shall be secured equally and ratably by the Tax Increments collected and allocated to the Theisen TIF Account without priority by reason of number or time of sale or delivery; and the Tax Increments collected and allocated to the Theisen TIF Account are hereby irrevocably pledged to the timely payment of both principal and interest as the same become due. Section 14. Application of Note Proceeds. Proceeds of the Note shall be drawn upon and applied as described in Section 3 hereof. Subject to the limitations contained in Code Section 403.9(1) any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Note at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Section 15. Tax Levy. After its adoption, a copy of this Resolution shall be filed in the office of the County Auditor of Dubuque County to evidence the pledging of a portion of the Dubuque Industrial Center Economic Development District Tax Increment Revenue Fund and the portion of taxes to be paid into the Theisen TIF Account and, pursuant to the direction of Section 403.19 of the Code of Iowa, the Auditor shall thereafter allocate the taxes in accordance therewith and in accordance with the Ordinance referred to in the preamble hereof. It is hereby certified that the annual amount of Tax Increments to be collected in respect of the Development Property and the Minimum Improvements located thereon pursuant to Section 403.19(2) 23 of the Code of Iowa shall be not less than the annual requirement for principal and interest on the Note, as follows: Amount of Principal Fiscal Year (July 1 to June 30) and Interest Year of Collection $120,000 2008/2009 120,000 2009/2010 120,000 2010/2011 120,000 2011/2012 120,000 2012/2013 120,000 2013/2014 120,000 2014/2015 120,000 2015/2016 120,000 2016/2017 120,000 2017/2018 Section 16. Application of Revenues. From and after the delivery of the Note, and as long as the Note shall be outstanding and unpaid either as to principal or as to interest, or until the Note shall have been discharged and satisfied in the manner provided in this Resolution, the Tax Increments collected in respect of the Development Property and the Minimum Improvements located thereon shall be deposited as collected in the Theisen TIF Account and shall be disbursed only as follows: (a) Sinking Fund. There is hereby established and shall be maintained a special fund within the Theisen TIF Account from which interest and principal on the Note will be paid. The fund shall be known as the Theisen Principal and Interest Fund (the "Sinking Fund"). The amount to be deposited in the Sinking Fund in any year shall be an amount equal to the interest and principal coming due on such Note during the fiscal year. Money shall be first deposited into the Interest Account of the Sinking Fund to an amount equal to the interest falling due in each fiscal year. Money shall next be deposited into the Principal Account of the Sinking Fund to an amount equal to the principal falling due in each fiscal year. Money in the Sinking Fund shall be used solely for the purpose of paying principal of and interest on the Note, as the same shall become due and payable. (b) Surplus Revenue. All revenues thereafter remaining in the Theisen TIF Account shall be deposited to remedy any deficiency in any of the funds created by this Resolution, or may be used to pay or reimburse the Issuer for other loans, moneys advanced to or indebtedness incurred to finance or refinance in whole or in part the project of the Developer, as permitted by law, or may be used to pay or redeem the Notes or for any other lawful purpose. Moneys on hand in the Project Fund and all of the funds provided by this Section may be invested only in direct obligations of the United States Government or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation ("FDIC") and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value. Alternatively, such moneys may be invested in tax-exempt bonds or obligations of any state or political subdivision thereof which are rated by Moody's Investors Service or Standard & Poor's Corporation at a rating classification equal to or better than the rating carried by the Notes or, in the case of short-term obligations, a rating of MIG-l, S&P-I or better. All such interim investments shall mature before the date on which the moneys are required for the purposes for which said fund was created or otherwise as herein provided. 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 shall be maintained in a separate account but may be invested in conjunction with other funds of the City, but designated as a trust fund on the books and records of the City. 24 All income derived from such investments shall be deposited in the Theisen TIF Account and shall be regarded as revenues thereof. Such investments shall at any time necessary be liquidated and the proceeds thereof applied to the purpose for which the respective fund was created. Section 17. Covenants Regarding the Operation of the Project Area. The Issuer hereby covenants and agrees with each and every holder of the Notes: (a) Maintenance in Force. The Issuer will maintain the Urban Renewal Plan and the Ordinance in force and will cause the incremental taxes from the Development Property and Minimum Improvements to be levied annually and certified to the County Auditor in an amount not less than the principal and. interest falling due within the year, and applied as provided in this Resolution, unless the Notes are paid or sufficient provision for their payment is made. Provided, however, that to the extent that amounts are on hand and are sufficient. To meet the payments required to be made and to maintain a sufficient balance in. each fund as required by this Resolution, the Issuer may abate the levy of incremental taxes in any year. (b) Accounting and Audits. The Issuer will cause to be kept proper books and accounts adapted to the Project Area and in accordance with generally accepted accounting practices, and will cause the books and accounts to be. audited annually not later than 180 days after the end of each fiscal year by an. Independent Auditor and will provide copies of the audit report to the Original Purchaser upon request The Original Purchaser and holders of any of the Notes shall have at all reasonable times the right to inspect the Issuer's records, accounts and data of the Issuer relating to the Revenue Fund or the Theisen TIF Account. (c) State Laws. The Issuer will faithfully and punctually perform all duties with reference to the Urban Renewal Plan required by the Constitution and laws of the State of Iowa, and will segregate the revenues of the Project Area and apply said revenues to the funds as specified in this Resolution. (d) Amendments. The Issuer reserves the right to amend the Urban Renewal Plan for the Project Area and the Ordinance in its lawful discretion; provided, that in no event shall obligations resulting from an amendment or merger thereof have any priority over the Note. Section 18. Remedies of Noteholders. Except as herein expressly limited the holder or holders of the Notes 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 19. No Prior Lien or Parity Notes. The Issuer will issue no other bonds or obligations of any kind or nature payable from or enjoying a lien or claim on the property or revenues of the Theisen TIF Account having priority over the Note or standing on a parity therewith with respect to the lien and claim of such additional obligations to the revenues thereof and the money on deposit in the funds created in this Resolution, without the written consent of the Original Purchaser or other registered holder of the Note. The Issuer reserves the right to issue other obligations payable from the Tax Increments collected in respect of other properties within the Project Area, without notice to or consent of the Original Purchaser. Section 20. Discharge 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 Note in any one or more of the following ways: (a) By paying the Note when the same shall become due and payable; or (b) By depositing in trust with the Treasurer, or with a corporate trustee designated by the governing body for the payment of said obligations and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to retire at maturity, or by redemption prior to maturity on a designated date upon which said obligations may be redeemed, all of such obligations outstanding at the time, together with the interest thereon to maturity or to the designated redemption date, premiums thereon, if any that may be payable on the redemption of the same; provided that proper notice of redemption of all such obligations to be 25 redeemed shall have been previously published or provisions shall have been made for such publication. Upon such payment or deposit of money or securities, or both, in the amount and manner provided by this Section, all liability of the Issuer with respect to the Notes shall cease, determine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or securities so deposited. Section 21. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer and the holder or holders of the Note, and after the issuance of any of the Note no change, variation or alteration of any kind in the provisions of this Resolution shall be made in any manner, except as provided in the next succeeding Section, until such time as all of the Note, and interest due thereon, shall have been satisfied and discharged as provided in this Resolution. Section 22. Modification of Resolution. This Resolution may be amended from time to time if such amendment shall have been consented to by holders of not less than two-thirds in principal amount of the Notes at any time outstanding (not including in any case any Notes which may then be held or owned by or for the account of the Issuer, but including such Refunding Notes as may have been issued for the purpose of refunding any of such Notes if such Refunding Notes shall not then be owned by the Issuer); but this Resolution may not be so amended in such manner as to: (a) Make any change in the maturity or interest rate of the Notes, or modify the terms of payment of principal of or interest on the Notes or any of them or impose any conditions with respect to such payment; (b) Materially affect the rights of the holders of less than all of the Notes 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 further amendment. Whenever the Issuer shall propose to amend this Resolution under the provisions of this Section, it shall cause notice of the proposed amendment to be filed with the Original Purchaser or to be mailed by certified mail to any other registered owner of the Note as shown by the records of the Registrar. Such notice shall set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory Resolution is on file in the office of the City Clerk. Whenever at any time within one year from the date of the mailing of said notice there shall be filed with the City Clerk an instrument or instruments executed by the holders of at least two-thirds in aggregate principal amount of the Notes then outstanding as in this Section defined, which instrument or instruments shall refer to the proposed amendatory Resolution described in said notice and shall specifically consent to and approve the adoption thereof, thereupon, but not otherwise, the governing body of the Issuer may adopt such amendatory Resolution and such Resolution shall become effective and binding upon the holders of all of the Notes. Any consent given by the holder of a Note pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the instrument evidencing such consent and shall be conclusive and binding upon all future holders of the same 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 title by filing notice of such revocation with the City Clerk. The fact and date of the execution of any instrument under the provisions of this Section may be proved by the certificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgments of deeds within such jurisdiction 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 held by any person executing such instrument and the date of his holding the same may be proved by an affidavit by such person or by a certificate executed by an officer of a bank or trust company showing that on the date therein mentioned such person had on deposit with such bank or trust company the Notes described in such certificate. 26 Section 23. Severability. If any section, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions. Section 24. Repeal of Conflicting Ordinances or Resolutions and Effective Date. All other ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed; and this Resolution shall be in effect from and after its adoption. th Passed and approved this 20 day of November, 2006. Roy Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Pine Box LLLP / Washington Court, LP Agreement and Crescent Community Health Center – Request to Vacate (Action Tabled on November 6, 2006): Proof of publication on notice of hearing to consider an agreement between Pine Box, LLLP / Washington Court, LP for the exchange of property for construction of parking facilities at 18th and Washington Streets and City Manager recommending approval, presented and read. Michalski moved that the Crescent Community Health Center – Request to vacate be removed from the table and moved adoption of Resolution No. 563-06 Approving the agreement between the City of Dubuque, Iowa, Washington Court, L.P., and Pine Box, LLLP and disposing of City interest in the South ½ of Lot 157, the North ½ of Lot 157, the South ½ of Lot 158, and the North ½ of Lot 158, all in East Dubuque Addition in the City of Dubuque, Dubuque County, Iowa and the City’s interest in Lots 159, 160 and 161 in East Dubuque, an addition to the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof; Resolution No. 564-06 Approving plat of proposed vacated alley between Washington Street and Elm Street from 17th Street to 18th Street; Resolution No. 565-06 Vacating an alley between Washington Street and Elm Street from 17th Street to 18th Street, and Resolution No. 566-06 Disposing of City interest in Lot 159B of “East Dubuque” an addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 563-06 RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, WASHINGTON COURT, L.P., AND PINE BOX, LLLP AND DISPOSING OF CITY INTEREST IN THE SOUTH HALF AND THE WESTERLY 5 FEET OF THE NORTH ½ OF THE VACATED ALLEY LEGALLY DESCRIBED AS LOT 159B,THE SOUTH ½ OF LOT 157, THE NORTH ½ OF LOT 157, THE SOUTH ½ OF LOT 158, AND THE NORTH ½ OF LOT 158, ALL IN EAST DUBUQUE ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA AND IN THE CITY’S INTEREST IN LOTS 159, 160 AND 161 IN EAST DUBUQUE, AN ADDITION TO THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF ACCORDING TO THE AGREEMENT WHEREAS, the City of Dubuque (City) is the owner, or intends to acquire, the following described property in Dubuque, Iowa: The South ½ of Lot 157, the North ½ of Lot 157, the South ½ of Lot 158, and the North ½ of Lot 158, all in East Dubuque Addition in the City of Dubuque, Dubuque County, Iowa; and WHEREAS, Washington Court, L.P. (Washington Court) and Pine Box, LLLP (Pine Box) are the owners of all of the condominium units in the Washington Court Building Horizontal Property Regime as defined and established in a Declaration of Submission to Horizontal Property Regime filed on February 16, 2006, as Instrument No. 2006-2304 of the land records of Dubuque County, Iowa; and WHEREAS, the following described property is a part, but not all, of the land in the Washington Court Building Horizontal Property Regime, to wit: Lots 159, 160 and 161 in East Dubuque, an addition to the city of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof; and 27 WHEREAS, Lots 159, 160 and 161 were designated in the Declaration of Submission to Horizontal Property Regime to become a parking lot, and under §2.03 of the Declaration of Submission to Horizontal Property Regime, said lots are currently part of Unit B of the Washington Court Building Horizontal Property Regime, which unit is owned by Washington Court, L.P.; and WHEREAS, Pine Box intends to lease Unit A of the Horizontal Property Regime to TriState Community Health (TriState) which will operate the Crescent Community Health Center (the Center) from Unit A; and WHEREAS, TriState needs additional parking for the Center and City believes that the Center and the acquisition of additional parking for the Center would be a benefit to the citizens of the City of Dubuque; and WHEREAS, City, Washington Court and Pine Box have negotiated an Agreement, a copy of which is th now on file in the Office of the City Clerk, City Hall, 50 West 13 Street, Dubuque, Iowa, 52001-4864, pursuant to which City will convey the south half and the westerly 5 feet of the north ½ of the vacated alley legally described as Lot 159B, and the South ½ of Lot 157, the North ½ of Lot 157, the South ½ of Lot 158, and the North ½ of Lot 158, all in East Dubuque Addition in the city of Dubuque, Dubuque County, Iowa (the City Property), to Washington Court, in exchange for Washington Court and Pine Box conveying to City the North ½ of Lot 159 and Lots 160 and 161. City also agrees to grant to Pine Box a right of first refusal in the event that City should determine that it wishes to dispose of the North ½ of Lot 159, and Lots 160 and 161; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the ___ day of November, 2006, the City Council of the City of Dubuque, Iowa met on the 20th day of November, 2006, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the exchange of real estate described above; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Agreement between and among the City of Dubuque, Iowa, Washington Court, L.P., and Pine Box, LLLP is hereby approved. Section 2. The disposal of the City’s interest in the south half and the westerly 5 feet of the north ½ of the vacated alley legally described as Lot 159B, and the South ½ of Lot 157, the North ½ of Lot 157, the South ½ of Lot 158, and the North ½ of Lot 158, all in East Dubuque Addition in the City of Dubuque, Dubuque County, Iowa, and the North ½ of Lot 159, and Lots 160 and 161, as set forth in the Agreement, is approved. th Passed, approved and adopted this 20 day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 564-06 RESOLUTION APPROVING PLAT OF PROPOSED VACATED ALLEY BETWEEN WASHINGTON STREET AND ELM STREET FROM 17TH STREET TO 18TH STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 9th day of October, 2006, prepared by Buesing & Associates, describing the proposed vacated Lots 159A and 159B of “East Dubuque” an Addition in the City of Dubuque, Dubuque County, Iowa; 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 the 9th day of October, 2006, prepared by Buesing & Associates, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor 28 and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lots 159A and 159B of “East Dubuque” an Addition in the City of Dubuque, Dubuque County, 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 office of the Recorder in and for Dubuque County, Iowa. th Passed, approved and adopted this 20 day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 565-06 RESOLUTION VACATING AN ALLEY BETWEEN WASHINGTON STREET AND ELM STREET FROM 17TH STREET TO 18TH STREET Whereas, John Gronen, representing Pine Box, LLLP and Washington Court, LP, has requested the vacating of an alley between Washington Street and Elm Street from 17th Street to 18th Street; and Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated alley between Washington Street and Elm Street from 17th Street to 18th Street and assigned a lot number thereto, which hereinafter shall be known and described as Lots 159A and 159B of “East Dubuque” an Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that the alley between Washington Street and Elm Street from 17th Street to 18th Street is no longer required for public use, except for reserving the utility easements as noted, and vacating of said alley between Washington Street and Elm Street from 17th Street to 18th Street known as Lots 159A and 159B of “East Dubuque” an 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 real estate described as Lots 159A and 159B of “East Dubuque” an Addition in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. th Passed, approved and adopted this 20 day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 566-06 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 159B of “EAST DUBUQUE” AN ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this thth 27 day of October, 2006, the City Council of the City of Dubuque, Iowa met on the 6 day of November, 2006, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 159B of “East Dubuque” an Addition in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 29 Section 1. That the sale of City of Dubuque real property described as Lot 159B of “East Dubuque” an Addition in the City of Dubuque, Dubuque County, Iowa, to Washington Court, LP be and the same is hereby approved for the exchange of properties. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Washington Court, LP, upon receipt of the executed Agreement among Washington Court, LP, Pine Box, LLLP, and the City of Dubuque. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. th Passed, approved and adopted this 20 day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Oak Court – Request to Vacate: Proof of publication on notice of hearing to consider a request from Richard L. Harrison to vacate and purchase a portion of Oak Court at Rising Avenue and City Manager recommending approval, presented and read. Jones moved adoption of Resolution No. 567-06 Approving plat of proposed vacated portion of Oak Court at Rising Avenue; Resolution No. 568-06 Vacating a portion of Oak Court at Rising Avenue, and Resolution No. 569-06 Disposing of City interest in Lot 32A of Union Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 567-06 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF OAK COURT AT RISING AVENUE Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 27th day of October, 2006, prepared by William Burger, Land Surveyor, describing the proposed vacated portion of Oak Court at Rising 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 the 27th day of October, 2006, prepared by William Burger, Land Surveyor, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. th Passed, approved and adopted this 20 day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 568-06 RESOLUTION VACATING A PORTION OF OAK COURT AT RISING AVENUE Whereas, Richard L. Harrison, has requested the vacating of a portion of Oak Court at Rising Avenue; and Whereas, William Burger, Land Surveyor, has prepared and submitted to the City Council a plat showing the vacated portion of Oak Court at Rising Avenue and assigned lot number thereto, which hereinafter shall be known and described as Lot 32A of Union Addition in the City of Dubuque, Dubuque County, Iowa; and 30 Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Oak Court at Rising Avenue is no longer required for public use and vacating of said portion of Oak Court at Rising Avenue, known as Lot 32A of Union 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 real estate described as Lot 32A of Union Addition in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. th Passed, approved and adopted this 20 day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 569-06 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 32A OF UNION ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this th 10th day of November, 2006, the City Council of the City of Dubuque, Iowa met on the 20 day of November, 2006, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 32A of Union Addition in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 32A of Union Addition in the City of Dubuque, Dubuque County, Iowa, to Richard L. Harrison be and the same is hereby approved for the sum of $300, plus platting, publication and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Richard L. Harrison upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. th Passed, approved and adopted this 20 day of November, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Residential Parking Permit District (First Reading on November 6, 2006): City Manager transmitting information about parking enforcement efforts related to Hansel Drive and the recently created Residential Parking Permit District “H,” presented and read. An Ordinance Establishing a Residential Parking Permit District on Hansel Drive from Keystone Drive to Keymont Drive, said Ordinance having been presented and read at the Council Meeting of 11/6/06 now presented for further action. Staff was directed to work with the Dubuque Community School District to find solutions to the parking problems. 31 Jones moved that this be considered the second reading of the Ordinance. Seconded by Michalski. Carried by the following vote: Yeas: Braig, Buol, Connors, Jones, and Lynch. Nays: Cline, Michalski. Parking Violation Fine Increases: City Manager recommending that fine amounts for certain parking violations (excluding expired parking meter violations) be increased from the current $7 initial fee and 30-day increase to $12 to the proposed structure of an initial fine of $15 and an increase to $20 if not paid within 30 calendar days, presented and read. Council discussed the safety issues related to the various parking violations and whether or not raising the fines would prove to be a deterrent. The motion was amended to approve the City Manager’s recommendations except that the fine for a snow route violation would be increased to thirty dollars $30.00 if paid within (30) calendar days of the date of the violation and thirty-five dollars ($35.00) if not paid within thirty days. Ordinance No. 74-06 Amending the City of Dubuque Code of Ordinances Section 32-279 Parking Violations – Fines by increasing the fines for certain stopping, standing and parking violations, as amended, presented and read. Connors 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 Jones. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 74-06 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-279. PARKING VIOLATIONS-FINES BY INCREASING THE FINES FOR CERTAIN STOPPING, STANDING AND PARKING VIOLATIONS Section 1. City of Dubuque Code of Ordinances § 32-279 is amended to read as follows: Sec. 32-279. Parking Violations-Fines: The owner or operator of any vehicle who shall receive notice, either personally or by the attaching of such notice to said vehicle, that said vehicle is parked in such manner, in such a place or for such a time as to violate the provisions of this chapter relating to the parking of vehicles shall pay to the city treasurer as a penalty for such violation the following sum: 1. Except as provided in subsection (2), (3) or (4), any violation of the subsections of Article VIII. Stopping, Standing and Parking, an initial fine of fifteen dollars ($15.00) if paid within thirty (30) calendar days of the date of the violation. If payment is not made within such thirty (30) calendar days, said fine shall be twenty dollars ($20.00). 2. Disabled Parking Violations, a fine of one hundred dollars ($100.00). 3. Expired Parking Meter Violations, an initial fine of seven dollars ($7.00) if paid within thirty (30) calendar days of the date of the violation. If payment is not made within such thirty (30) calendar days, said fine shall be twelve dollars ($12.00). 4. Parking in violation of any designated fire lane, a fine of fifty dollars ($50.00). 5. Parking in violation of snow route restrictions, a fine of thirty dollars ($30.00) if paid within (30) calendar days of the date of the violation. If payment is not made within such thirty (30) calendar days, said fine shall be thirty-five dollars ($35.00). Payment of the above fine by mail to the city treasurer shall be deemed paid as of the date of the postmark on the envelope thereof. Section 3. This Ordinance shall take effect upon publication. th Passed, approved and adopted this 20 day of November, 2006. /s/Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald the 24 day of November, 2006. /s/Jeanne F. Schneider, CMC, City Clerk 1t 11/24 32 AIA Sustainable Design Assessment Team (SDAT) Application: City Manager recommending approval of the submission of an AIA Sustainable Design Assessment Team (SDAT) Application, upon motion received and filed and approved recommendation. Designation of Star Brewery Drive: City Manager recommending that the portion of vacated Fourth Street Extension between Bell Street and the railroad tracks be named Star Brewery Drive to provide a street address for the building and its tenants, upon motion received and filed and approved recommendation. Legislative Priorities: City Manager submitting the City’s Legislative Priorities for the 2007 Legislative Session, upon motion received and filed and approved. Fiscal Year 2008 Policy Guidelines: City Manager submitting the Fiscal Year 2008 Policy Guidelines for City Council review and approval, upon motion received and filed and approved recommendation. Jones stated that Guideline No. 10 is a longstanding problem and moved that it be taken off the list. Motion died for lack of a second. COUNCIL MEMBER REPORTS Mayor Buol shared that he attended a summit in Sundance, Utah and brought back a lot of information about the urgency of the earth’s climate changes and that a DVD entitled ”Too Hot to Handle” will go out to community groups. Council Member Braig requested an update on the Blufftop Ordinance and requested a copy of the survey going out to committee members. Council Member Michalski stated there had been five ribbon cuttings since the last meeting and six ground breakings. Council Member Jones shared information about the potluck at the Police Department that was held for the benefit of Hills and Dales. At 8:26 p.m. upon motion Council went into Closed Session re: Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2005 Code of Iowa. At 8:37 p.m. Council reconvened regular session stating that staff had been given proper direction. There being no further business, upon motion meeting adjourned at 8:38 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 33