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1995 June Council Proceedings2 Regular Session, June 5, 1995 Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays—None. DUBUQUE Absent—Council Member Nagle. Corporation Counsel advising car damage CITY COUNCIL claim of Tory Richardson has been referred to The Friedman Group, agent for Dubuque Regional Airport insurance; Personal injury claim of OFFICIAL Marianna Chase has been referred to Crawford & Company, presented and read. Council Member PROCEEDINGS Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Regular Session, June 5, 1995 Council Met at 7:00 p.m., Public LibraryKluesner, Krieg, Nicholson, Robbins, Voetberg. AuditoriumNays—None. Absent—Council Member Nagle. Present: Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg,Corporation Counsel recommending denial of Assistant City Manager Nancy Guider, Assistantcar damage claim of Dale Magee, presented and read. Council Member Voetberg moved that the City Attorney Tim O'Brien. communication be received and filed and denial Absent: Council Member Nagle, City Manager Michael Van Milligen, Corporation Counsel Barryapproved. Seconded by Council Member A. Lindahl.Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Mayor Duggan read the call and stated this is the Regular Session of the City Council called forNays—None. Absent—Council Member Nagle. the purpose to act upon such business which may Corporation Counsel recommending settlement properly come before the Council. of property damage claim of Ronald Drish in Invocation was given by Rev. Burton Everist,amount of $535.00 and Truck damage claim of Peter J. Lippstock in amount of $72.03, presented Adjunct Faculty Member of Wartburg Theological and read. Council Member Voetberg moved that Seminary. the communication be received and filed and Claudia Jones of Dubuque Main Street, Ltd.directed Finance Director to issue the check. Seconded by Council Member Nicholson. Carried presented the "Great American Main Street" by the following vote: Yeas—Mayor Duggan, plaque to the Mayor and gave credit to individuals and groups on the positive achievements of the lastCouncil Members Kluesner, Krieg, Nicholson, ten years.Robbins, Voetberg. Nays—None. Absent—Council Member Nagle. MINUTES SUBMITTED — Airport Commission of 4-11; Cable TV RegulatoryFinance Director submitting Financial Report Commission of 5-10; Five Flags Commission of 5-for month ending April, 1995, presented and read. Council Member Voetberg moved that the report 15; Housing Commission of 5-9; Library Board of Trustees of 4-27; Park & Recreation Commissionbe received and filed. Seconded by Council of 5-9; Plumbing Board of 5-22; Transit TrusteeMember Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Board of 5-11, presented and read. Council Kluesner, Krieg, Nicholson, Robbins, Voetberg. Member Voetberg moved that the minutes be received and filed. Seconded by Council MemberNays—None. Absent—Council Member Nagle. Nicholson. Carried by the following vote: REFUNDS REQUESTED — Loren Zihlke, Yeas—Mayor Duggan, Council Members $56.25 for unexpired Beer Permit, presented and Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Nagle.read. Council Member Voetberg moved that the refund be approved and Finance Director to issue proper check. Seconded by Council Member NOTICES OF CLAIMS/SUITS — Kevin Hoffman, in amount of $389.10 for vehicleNicholson. Carried by the following vote: damages; Marcie Kohlenberg in amount ofYeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. $2000.00 for personal injuries; Jean Kohn in Nays—None. Absent—Council Member Nagle. amount of $1,105.00 for backed up sewer damages; Rosalyn M. Langkamp in amount of $527.64 for vehicle damages; Harold R. Price inJames Mullen, Tri-State Golf Center requesting voluntary annexation of portion of Lot 3 of J. amount of $4,375.00 for property damages and George Subdivision, presented and read. Council losses; Karen L. Underhill in estimated amount of $960.00 for vehicle damages; Richard L. or NancyMember Voetberg moved that the matter be M. Wallace in amount of $163.00 for propertyreferred to the City Manager. Seconded by Council Member Nicholson. Carried by the damages; Ron & Margie White in amount of following vote: Yeas—Mayor Duggan, Council $200.00 for property damages; Claude B. Wilson in unknown amount for personal injuries,Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council presented and read. Council Member Voetberg Member Nagle. moved that the claims and suits be referred to the Corporation Counsel for investigation and report. Seconded by Council Member Nicholson. CarriedCommunication of Karl C. Stieghtz objecting to parking meters downtown, presented and read. by the following vote: Yeas—Mayor Duggan, Regular Session, June 5, 19953 Council Member Voetberg moved that theKaren Chesterman, Deputy City Clerk communication be received and filed. SecondedCouncil Member Voetberg moved adoption of by Council Member Nicholson. Carried by thethe Resolution. Seconded by Council Member following vote: Yeas—Mayor Duggan, CouncilNicholson. Carried by the following vote: Members Kluesner, Krieg, Nicholson, Robbins,Yeas—Mayor Duggan, Council Members Voetberg. Nays—None. Absent—CouncilKluesner, Krieg, Nicholson, Robbins, Voetberg. Member Nagle.Nays—None. Absent—Council Member Nagle. Communication of Ann E. MichalskiCity Manager recommending publication of submitting comments regarding the Consolidated"No Significant Impact" and "Notice of Intent to Plan which was submitted on May 1, 1995,release of funds" for C.D.B.G. project, presented presented and read. Council Member Voetbergand read. Council Member Voetberg moved that moved that the communication be received andthe communication be received and filed. filed. Seconded by Council Member Nicholson.Seconded by Council Member Nicholson. Carried Carried by the following vote: Yeas—Mayorby the following vote: Yeas—Mayor Duggan, Duggan, Council Members Kluesner, Krieg,Council Members Kluesner, Krieg, Nicholson, Nicholson, Robbins, Voetberg. Nays—None.Robbins, Voetberg. Nays—None. Absent—Council Member Nagle.Absent—Council Member Nagle. Approval of Fourth Amendment to City RESOLUTION NO. 193-95 Manager's employment agreement, presented andA RESOLUTION AUTHORIZING read. Council Member Voetberg moved that thePUBLICATION OF A COMBINED NOTICE Fourth Amendment be approved. Seconded by OF NO SIGNIFICANT IMPACT ON THE Council Member Nicholson. Carried by theENVIRONMENT AND NOTICE OF following vote: Yeas—Mayor Duggan, CouncilINTENT TO REQUEST RELEASE OF Members Kluesner, Krieg, Nicholson, Robbins,FUNDS FOR CERTAIN COMMUNITY Voetberg. Nays—None. Absent—Council DEVELOPMENT BLOCK GRANT Member Nagle.PROJECTS Whereas, the City of Dubuque will enter into a City Manager recommending approval ofGrant Agreement for the Fiscal Year commencing agreement between City and Dubuque ProfessionalJuly 1, 1995, with the U.S. Department of Housing Firefighters, presented and read. Council Memberand Urban Development, providing for financial Voetberg moved that the communication beassistance to the City under Title I of the Housing received and filed. Seconded by Council Memberand Community Development Act of 1974, as Nicholson. Carried by the following vote:amended; and Yeas—Mayor Duggan, Council MembersWhereas, pursuant to the rules and regulations Kluesner, Krieg, Nicholson, Robbins, Voetberg.as promulgated by the U.S. Department of Nays—None. Absent—Council Member Nagle.Housing and urban Development, an environmental review has been processed for the RESOLUTION NO. 192-95hereinafter listed projects to be financed with APPROVING THE AGREEMENTCommunity Development Block Grant funds; and Whereas, based on said environmental review, BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUEthe Department of Community and Economic PROFESSIONAL FIREFIGHTERSDevelopment has determined that said projects will have no significant impact on the environment; and ASSOCIATION, LOCAL #353 AND Whereas, combined notice of a " Finding of No AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Significant Effect on the Environment" and notice Whereas, the Sixty-Fifth General Assemblyof "Intent to Request Release of Funds" for said adopted the Public Employment Relations Act,projects will be sent by regular mail to various Chapter 20, Code of Iowa; andfederal, state and local public agencies and to the Whereas, the City of Dubuque is a publiclocal news media, individuals and groups known employer within the meaning of Section 3 (1) ofto be interested and believed to be appropriate to the Public Employment Relations Act; andreceive such a notice; and Whereas, the Dubuque Professional FirefightersWhereas, any and all comments received as a Association, Local #353 is an employeeresult of such notice will be duly considered organization within the meaning of Section 3 (4) ofbefore proceeding with a Request for Release of the Public Employment Relations Act; and Funds and Certification. Whereas, the Dubuque Professional FirefightersNOW, THEREFORE, BE IT RESOLVED BY Association, Local #353, submitted a request toTHE CITY COUNCIL OF THE CITY OF bargain collectively on behalf of the employeesDUBUQUE, IOWA: within its representation; andSection 1. That the City Clerk be and is hereby Whereas, bargaining between the parties hasauthorized and directed to publish a combined occurred and an agreement has been concluded.Notice of Finding of No Significant Impact on the NOW, THEREFORE, BE IT RESOLVED BYEnvironment and Notice of Intent to Request THE CITY COUNCIL OF THE CITY OFRelease of Funds for the following identified DUBUQUE, IOWA:projects and to make the Environmental Review Section 1. That the terms of the agreement beRecord for said projects available for public approved and the Mayor authorized and directed toinspection and comment until noon, Friday, June sign the collective bargaining agreement.23, 1995. Such notice shall be in the form of Passed, approved and adopted this 5th day ofExhibit "A" attached hereto and made a part June, 1995.hereof. Terrance M. Duggan, MayorHousing Programs Attest:Residential Rehab Loan Program 4 Regular Session, June 5, 1995 Emergency Code EnforcementKaren M. Chesterman, Assistant City Clerk Loan ProgramCouncil Member Voetberg moved adoption of Housing Trustthe Resolution. Seconded by Council Member Operation PaintbrushNicholson. Carried by the following vote: Home Ownership InitiativeYeas—Mayor Duggan, Council Members Assistance ProgramKluesner, Krieg, Nicholson, Robbins, Voetberg. Purchase/Rehab/ResaleNays—None. Absent—Council Member Nagle. Problem Properties Management Code EnforcementCity Manager recommending a time extension Lead Paint Conferencefor expenditure of Community Partnership Lead Paint Hazard Abatement ProjectProgram funds, presented and read. Council Staff Support for above projectsMember Voetberg moved that the communication Neighborhood and Communitybe received and filed. Seconded by Council Development ProgramsMember Nicholson. Carried by the following vote: Family Self-SufficiencyYeas—Mayor Duggan, Council Members Community Partnership Program (cp2)Kluesner, Krieg, Nicholson, Robbins, Voetberg. Information and Referral ServiceNays—None. Absent—Council Member Nagle. Child Care Referral Service Neighborhood Recreation ProgramsRESOLUTION NO. 194-95 Neighborhood Sidewalk ProgramRESOLUTION APPROVING A TIME Neighborhood Park Improvements EXTENSION FOR EXPENDITURE OF Neighborhood Clean UpCOMMUNITY PARTNERSHIP PROGRAM Senior Center(CP2) FUNDS BY SCENIC VALLEY AREA Washington Tool LibraryVIII AGENCY ON AGING Zoning Inspection/Enforcement Historic PreservationWhereas, under the provisions of Title 1 of the Neighborhood Development ServicesHousing and Community Development Act of Economic Development Programs1974, as amended, the City of Dubuque has Economic Development Financialreceived Community Development Block Grant Assistance Program(CDBG) funds for the development and Commercial /Industrial Buildingmaintenance of a viable urban community to the Rehab Loansprovision of decent housing, a suitable living Industrial Sites Planingenvironment, and expanded economic Staff Support for above projectsopportunities for its residents, particularly those Planning and Administrationpersons of low and moderate income; and CDBG Administration Services and StaffWhereas, the Community Partnership Program City Planning Services and Staff(cp2) was developed in response to the national Section 2. That the environmental reviewgoals and objectives of the CDBG Program; and record for each of the projects shall be placed onWhereas, amended guidelines for the file in the Office of the City Clerk where saidimplementation and administration of the record may be examined and copied by anyCommunity Partnership Program (cp2) were interested party.approved by the City Council and by Resolution Section 3. That the Mayor of the City of#259-92, on July 20, 1992. Dubuque is hereby authorized and directed toWhereas, the City of Dubuque awarded Scenic submit to the U.S. Department of Housing andValley Area VIII Agency on Aging $25,000 in cp2 Urban Development fifteen (15) days afterfunds on May 16, 1994, by Resolution #174A-94. publication of appropriate notice a Request forNOW, THEREFORE, BE IT RESOLVED BY Release of Funds to undertake the said projects.THE CITY COUNCIL OF THE CITY OF Section 4. That the Mayor of the City ofDUBUQUE, IOWA: Dubuque is hereby authorized to consent toSection 1. That the City Council hereby agrees assume the status of a responsible federal officialto an extension of time for the expenditure of under the National Environmental Protection Act,Community Partnership Program (cp2) monies by insofar as the provisions of the said Act apply toScenic Valley Area VIII Agency on Aging from the U.S. Department of Housing and UrbanFiscal Year 1995 to Fiscal Year 1996, with Development responsibilities for review, decisioncompletion of the project and expenditure of funds making, and action assumed and carried out by theby June 30, 1996. City of Dubuque as to environmental issues.Section 2. That the City Manager be and is Section 5. That the Mayor of the City ofhereby authorized to prepare and execute an Dubuque is hereby authorized to consentamendment to the contract with Scenic Valley personally, in his official capacity and on behalf ofArea VIII Agency on Aging, which provides for the City of Dubuque, to accept the jurisdiction ofsaid time extension. the federal courts if an action is brought to enforceSection 3. That upon execution of said responsibilities in relation to environmentalamendment, the City Manager is hereby authorized review, decision making and action.and directed to disburse program funds in support Section 6. That the Mayor of the City ofof the approved project and in accordance with the Dubuque be and he is hereby authorized andterms and conditions established in said amended directed to execute a certification pertaining to thecontract. environmental review proceduresPassed, approved and adopted this 5th day of Passed, approved and adopted this 5th day ofJune, 1995. June, 1995.Terrance M. Duggan, Mayor Terrance M. Duggan, MayorAttest: Attest:Karen M. Chesterman, Assistant City Clerk Regular Session, June 5, 19955 Council Member Voetberg moved adoption ofCity Manager recommending approval of a the Resolution. Seconded by Council Membergrant request which has been submitted for Nicholson. Carried by the following vote:Highway Traffic Safety funds, presented and read. Yeas—Mayor Duggan, Council MembersCouncil Member Voetberg moved that the Kluesner, Krieg, Nicholson, Robbins, Voetberg.communication be received and filed and Nays—None. Absent—Council Member Nagle.approved. Seconded by Council Member Nicholson. Carried by the following vote: City Manager approving Dubuque Twine Co.Yeas—Mayor Duggan, Council Members to assign its lease to Dodds River Terminal, Inc.,Kluesner, Krieg, Nicholson, Robbins, Voetberg. presented and read. Council Member VoetbergNays—None. Absent—Council Member Nagle. moved that the communication be received and filed. Seconded by Council Member Nicholson.Council Member Voetberg moved that the rules Carried by the following vote: Yeas—Mayorbe suspended to allow anyone present to address Duggan, Council Members Kluesner, Krieg,the Council if they so desire. Seconded by Nicholson, Robbins, Voetberg. Nays—None.Council Member Robbins. Carried by the Absent—Council Member Nagle.following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, RESOLUTION NO. 195-95Voetberg. Nays—None. Absent—Council Member Nagle. RESOLUTION AUTHORIZING THE ASSIGNMENT OF CERTAIN LEASES BETWEEN THE CITY OF DUBUQUE,DEFERRED FROM COUNCIL IOWA AND DUBUQUE TWINE COMPANYMEETING OF MAY 1, 1995 - Public Hearing to consider reclassifying TO DODDS RIVER TERMINAL, INC. OF DUBUQUE, IOWAproperty at 2966 John F. Kennedy Road from R-1 Whereas, the City of Dubuque, Iowa (City) hasDistrict to C-3 District; Terry Fortmann and leased to Dubuque Twine Company certain realThomas J. Hamel objecting to rezoning and property pursuant to the following leases:requesting to address the Council regarding 1. Lease and Agreement dated May 31, 1958.objection; Communications from Ruth Ann 2. Lease and Agreement dated January 23,Derouin, Jan & Bill Stoffel objecting to rezoning 1961.of property as requested by Dubuque Advertiser; 3. Amendment to Lease and Agreement datedCopy of petition, sent to Zoning Commission, October 4, 1968.containing 46 signatures objecting to reclassifica- 4. Reconstruction of Lease and Agreementtion for various reasons, presented and read. dated October 4, 1968.Council Member Krieg moved to receive and file 5. First Amendment of Lease and Agreementthe communications. Seconded by Council dated November 21, 1972.Member Kluesner. Carried by the following vote: 6. Lease and Agreement dated April 10, 1979.Yeas—Mayor Duggan, Council Members Whereas, Dubuque Twine Company, inKluesner, Krieg, Nicholson, Robbins, Voetberg. conjunction with its dissolution, has arranged toNays—None. Absent—Council Member Nagle. transfer said leases to Dodds River Terminal, Inc., a corporation wholly owned by one of the formerRandy Aird, Manager of the Dubuque partners, Gerald L. Dodds, and his wife; andAdvertiser, stressed that the requested rezoning Whereas, the lease agreements between the Citywould allow expansion of the business which of Dubuque and Dubuque Twine Company allowsbuilding would not be near the property line. the assignment of the leases by the Lessee at itsTerry Fortmann, Jan Stoffel, Tom Hamel, all option upon prior written approval of the City, toobjected to the proposed rezoning. the extent that the City's interest shall be fully protected; andAn Ordinance Amending Zoning Map by Whereas, the City Council of the City ofreclassifying property at 2966 John F. Kennedy Dubuque, Iowa has determined that it is in the bestRoad from R-1 Single-Family Residential District interest of the City to consent to such assignment.to C-3 General Commercial District, (denied by NOW, THEREFORE, BE IT RESOLVED BYZoning Commission - first reading only given on THE CITY COUNCIL OF THE CITY OFApril 17th), presented for further action. Council DUBUQUE, IOWA:Member Nicholson moved that this be considered Section 1. That the Assignment of Leases fromthe second reading of the Ordinance. Motion died Dubuque Twine Company to Dodds Riverfor lack of a second. Terminal, Inc. a copy of which is attached hereto,Council Member Krieg moved to concur with is hereby approved.the denial of the Zoning Commission. Seconded Section 2. That the Mayor be authorized andby Council Member Kluesner. Carried by the directed to sign said Assignment of Leases onfollowing vote: Yeas—Mayor Duggan, Council behalf of the City of Dubuque, Iowa.Members Kluesner, Krieg, Nicholson, Robbins, Passed, approved and adopted this 5th day ofVoetberg. Nays—None. Absent—Council June, 1995.Member Nagle. Terrance M. Duggan, Mayor Attest:Proof of Publication certified to by the Karen M. Chesterman, Deputy City ClerkPublisher on Notice of Hearing on Plans and Council Member Voetberg moved adoption ofSpecifications for cost of East 20th Street - the Resolution. Seconded by Council MemberRhomberg Avenue Asphalt Resurfacing Project; Nicholson. Carried by the following vote:Proof of Publication on Notice to Property Owners Yeas—Mayor Duggan, Council Membersregarding hearing on Resolution of Necessity for Kluesner, Krieg, Nicholson, Robbins, Voetberg.project; Communication of Frederick J. and Nays—None. Absent—Council Member Nagle.Constance M. Maiers objecting to proposed assessment for project, presented and read. 6 Regular Session, June 5, 1995 Council Member Robbins moved that the proofsKaren M. Chesterman, Deputy City Clerk and communications be received and filed.Council Member Robbins moved adoption of Seconded by Council Member Kluesner. Carriedthe Resolution. Seconded by Council Member by the following vote: Yeas—Mayor Duggan,Kluesner. Carried by the following vote: Council Members Kluesner, Krieg, Nicholson,Yeas—Mayor Duggan, Council Members Robbins, Voetberg. Nays—None.Kluesner, Krieg, Nicholson, Robbins, Voetberg. Absent—Council Member Nagle.Nays—None. Absent—Council Member Nagle. Lloyd Hogan, Jim Ludescher, Tom Pitts, Ann Nesteby, Jeff Guerdt, questioned specifics of theRESOLUTION NO. 198-95 project. ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 196-95THE COUNCIL OF THE CITY OF DUBUQUE, RESOLUTION ADOPTING PLANSIOWA: That the East 20th Street - Rhomberg Avenue AND SPECIFICATIONS Whereas, on the 26th day of April, 1995, plans,Asphalt Resurfacing Project is hereby ordered to specifications, form of contract and estimated costbe advertised for bids for construction. were filed with the City Clerk of Dubuque, IowaBE IT FURTHER RESOLVED, that the for the East 20th Street - Rhomberg Avenueamount of the security to accompany each bid shall Asphalt Resurfacing Project.be in an amount which shall conform to the Whereas, notice of hearing on plans,provisions of the notice to bidders hereby approved specifications, form of contract, and estimated costas a part of the plans and specifications heretofore was published as required by law.adopted. NOW THEREFORE, BE IT RESOLVED BYThat the City Clerk is hereby directed to THE CITY COUNCIL OF THE CITY OFadvertise for bids for the construction of the DUBUQUE, IOWA:improvements herein provided, to be published in That the said plans, specifications, form ofa newspaper having general circulation in the City contract and estimated cost are hereby approved asof Dubuque, Iowa, which notice shall not be less the plans, specifications, form of contract andthan four days nor more than twenty days prior to estimated cost for said improvements for saidthe receipt of said bids at 2:00 p.m. on the 22nd project.day of June, 1995. Bids shall be opened and read Passed, adopted and approved this 5th day ofby the City Clerk at said time and will be June, 1995.submitted to the Council for final action at 7:00 Terrance M. Duggan, Mayorp.m. on the 3rd day of July, 1995. Attest:Passed, adopted and approved this 5th day of Karen M. Chesterman, Deputy City ClerkJuly, 1995. Council Member Robbins moved adoption ofTerrance M. Duggan, Mayor the Resolution. Seconded by Council MemberAttest: Kluesner. Carried by the following vote:Karen M. Chesterman, Deputy City Clerk Yeas—Mayor Duggan, Council MembersCouncil Member Robbins moved adoption of Kluesner, Krieg, Nicholson, Robbins, Voetberg.the Resolution. Seconded by Council Member Nays—None. Absent—Council Member Nagle.Kluesner. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. RESOLUTION NO. 197-95 RESOLUTION WITH RESPECT TO THENays—None. Absent—Council Member Nagle. ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE EASTProof of Publication certified to by the Publisher on Notice of Public Hearing to reclassify 20TH STREET - RHOMBERG AVENUE ASPHALT RESURFACING PROJECTproperty at 1320 Locust St. from OC to OR Whereas, the City Council has proposed aDistrict, presented and read. Council Member Resolution of Necessity for the East 20th Street -Voetberg moved that the proof of publication be Rhomberg Avenue Asphalt Resurfacing Project,received and filed. Seconded by Council Member has given notice of the public hearing thereon asNicholson. Carried by the following vote: required by law; andYeas—Mayor Duggan, Council Members Whereas, the public hearing has been held, allKluesner, Krieg, Nicholson, Robbins, Voetberg. persons offering objections have been heard andNays—None. Absent—Council Member Nagle. consideration given to all objections and is pending before this Council; andPatricia Friedman, representing Loren Kringle Whereas, this is the time and place set asfrom Chicago, requested rezoning. provided for the taking of action on the proposedAn Ordinance Amending Zoning Map by Resolution of Necessity.reclassifying property at 1320 Locust Street from NOW THEREFORE, BE IT RESOLVED BYOC Office Commercial District to OR Office THE CITY COUNCIL OF THE CITY OFResidential District, (first & second readings given DUBUQUE, IOWA:on 5-15-95), presented for final action. That the proposed Resolution of Necessity described above is hereby: ORDINANCE NO. 36-95 Adopted without amendment, and all objections AN ORDINANCE AMENDING APPENDIX filed or made having been duly considered areA (THE ZONING ORDINANCE) OF THE overruled.CITY OF DUBUQUE CODE OF Passed, adopted and approved this 5th day of ORDINANCES, BY RECLASSIFYING June, 1995.HEREINAFTER DESCRIBED PROPERTY Terrance M. Duggan, MayorLOCATED AT 1320 LOCUST STREET Attest:FROM OC OFFICE COMMERCIAL Regular Session, June 5, 19957 Family District to R-2 Two-Family Residential DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT.District, to wit: NOW, THEREFORE, BE IT ORDAINED BYLot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot THE CITY COUNCIL OF THE CITY OF13 in Wallis Heights, and to the center line of DUBUQUE, IOWA:the adjoining public right-of-way, all in the Section 1. That Appendix A (the ZoningCity of Dubuque, Iowa. Ordinance) of the City of Dubuque Code ofSection 2. The foregoing amendment has Ordinances is hereby amended by reclassifying theheretofore been reviewed by the Zoning hereinafter described property from OC OfficeCommission of the City of Dubuque, Iowa. Commercial District to OR Office ResidentialSection 3. This ordinance shall take effect District, to wit:immediately upon publication, as provided by law. South one-fifth of City Lot 476, and to the centerPassed, approved and adopted this 5th day of line of the adjoining public right-of-way, all in theJune, 1995. City of Dubuque, Iowa.Terrance M. Duggan, Mayor Section 2. The foregoing amendment hasAttest: heretofore been reviewed by the ZoningKaren M. Chesterman, Deputy City Clerk Commission of the City of Dubuque, Iowa.Published officially in the Telegraph Herald Section 3. This ordinance shall take effectnewspaper this 12th day of December, 1995. immediately upon publication, as provided by law.Karen M. Chesterman, Deputy City Clerk Passed, approved and adopted this 5th day of 1t 12/12 June, 1995.Council Member Voetberg moved final Terrance M. Duggan, Mayorconsideration and passage of the Ordinance. Attest:Seconded by Council Member Nicholson. Carried Karen M. Chesterman, Deputy City Clerkby the following vote: Yeas—Mayor Duggan, Published in the Telegraph Herald newspaperCouncil Members Kluesner, Krieg, Nicholson, this 12th day of June, 1995.Robbins, Voetberg. Nays—None. Karen M. Chesterman, Deputy City Clerk Absent—Council Member Nagle. 1t 6/12 Council Member Voetberg moved finalProof of Publication certified to by the consideration and passage of the Ordinance.Publisher on Notice of Public Hearing to amend Seconded by Council Member Nicholson. Carried Conceptual Development Plan for Luther Manor by the following vote: Yeas—Mayor Duggan,Nursing Home, presented and read. Council Council Members Kluesner, Krieg, Nicholson,Member Voetberg moved that the proof of Robbins, Voetberg. Nays—None.publication be received and filed. Seconded by Absent—Council Member Nagle. Council Member Kluesner. Carried by the following vote: Yeas—Mayor Duggan, Council Proof of Publication certified to by theMembers Kluesner, Krieg, Nicholson, Robbins, Publisher on Notice of Public Hearing to reclassify Voetberg. Nays—None. Absent—Council property at 109-111 S. Booth St. from R-1 to R-2,Member Nagle. presented and read. Council Member VoetbergAttorney Allan Carew, representing Luther moved that the proof be received and filed.Manor, stated that this amendment would allow Seconded by Council Member Nicholson. Carried construction of a special caring unit for early by the following vote: Yeas—Mayor Duggan,Alzheimer's patients. Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays—None.An Ordinance Amending Zoning Ordinance by Absent—Council Member Nagle. amending the Conceptual Development Plan for John McCarron, 825 Valentine, owner of theLuther Manor Nursing Home PR Planned property, requested rezoning to allow for anResidential District property located at 3131 addition. Hillcrest Road, (first & second readings given on An Ordinance Amending Zoning Map by5-15-95), presented for final action. reclassifying property at 109-111 S. Booth St. from R-1 Single-Family Residential District to R-2 ORDINANCE NO. 38-95 Two-Family Residential District, (first & second AN ORDINANCE AMENDING APPENDIX readings given on 5-15-95), presented for furtherA (THE ZONING ORDINANCE) OF THE action. CITY OF DUBUQUE CODE OF ORDINANCES TO AMEND THE ORDINANCE NO. 37-95CONCEPTUAL DEVELOPMENT PLAN AN ORDINANCE AMENDING APPENDIXFOR LUTHER MANOR NURSING HOME A (THE ZONING ORDINANCE) OF THE PR PLANNED RESIDENTIAL DISTRICT CITY OF DUBUQUE CODE OFPROPERTY LOCATED AT 3131 ORDINANCES, BY RECLASSIFYINGHILLCREST ROAD. HEREINAFTER DESCRIBED PROPERTYNOW, THEREFORE, BE IT ORDAINED BY LOCATED AT 109-111 S. BOOTH FROM R-THE CITY COUNCIL OF THE CITY OF 1 SINGLE-FAMILY RESIDENTIALDUBUQUE, IOWA: DISTRICT TO R-2 TWO-FAMILYSection 1. That in order to accomplish the RESIDENTIAL DISTRICT.purpose of the PR Planned Residential District of NOW, THEREFORE, BE IT ORDAINED BYthe Zoning Ordinance of the City of Dubuque, THE CITY COUNCIL OF THE CITY OF Iowa, the amended conceptual development plan DUBUQUE, IOWA:for Luther Manor Nursing Home, a copy of which Section 1. That Appendix A (the Zoningis attached to and made a part hereof, is hereby Ordinance) of the City of Dubuque Code ofadopted and approved for the following described Ordinances is hereby amended by reclassifying the property, to wit: hereinafter described property from R-1 Single- 8 Regular Session, June 5, 1995 Lot 2 of Lot 1 and Lot 2 of Lot 1 of Lot 1 ofallow for the attached conceptual development Lot 1, and to the center line of the adjoiningplan. public right-of-way, all in the City of Dubuque,F.Transfer of Ownership Iowa.Transfer of ownership or lease of property in Section 2. That in order to accomplish thethis PUD District shall include in the transfer or purposes of the PR Planned Residential Districtlease agreement a provision that the purchaser and of the Zoning Ordinance, the above describedor lessee acknowledges awareness of the property is subject to the following conditions andconditions authorizing the establishment of the restrictions.district. A.Use Regulations.G. Reclassification of Subject Property. The following regulations shall apply to allThe City of Dubuque, Iowa, may initiate uses made of land in the above described PRzoning reclassification proceedings to the District:District in accordance with Section 6 of the 1)Principal permitted uses shall be limited to: Zoning Ordinance if the property owner(s) a) Nursing Home fail(s) to complete or maintain any of the b) Apartments for the Elderlyconditions of this ordinance. c) Offices for administrative personnel or otherH. Modifications. institutional employees or affiliatesAny modifications of this Ordinance must be 2)Accessory uses shall include any useapproved by the City Council in accordance customarily incidental and subordinate to thewith zoning reclassification proceedings of principal use it serves.Section 6 of the Zoning Ordinance. B.Lot and Bulk Regulations.I.Recording. Development of land in the PUD District shallA copy of this ordinance shall be recorded at be regulated as follows:the expense of the property owner(s) with the 1)All building structures and activities shall beDubuque County Recorder as a permanent located in conformance with the attachedrecord of the conditions accepted as part of this conceptual development plan and all final sitereclassification approval within ten (10) days development plans shall be approved inafter the adoption of this ordinance. This accordance with provisions of the PUD Districtordinance shall be binding upon the regulations of this ordinance and of Section 3-undersigned and his/her heirs, successors and 5.5 of the Zoning Ordinance.assigns. 2)All final site development plans shall beSection 3. The foregoing amendment has approved in accordance with the PR Plannedheretofore been reviewed by the Zoning Residential District regulations as provided inCommission of the City of Dubuque, Iowa. the Zoning Ordinance of the City of Dubuque,Section 4. The foregoing amendment shall take Iowa.affect upon publication, as provided by law. C.Performance Standards.Passed, approved and adopted this 5th day of The development and maintenance of uses inJune, 1995. this PUD District shall be established inTerrance M. Duggan, Mayor conformance with Section 3-5.5 of the ZoningATTEST: Ordinance and the following standards:Karen M. Chesterman, Deputy City Clerk 1)That storm water drainage shall be reviewedACCEPTANCE OF ORDINANCE and approved by the City Engineering DivisionNO. 38-95 to limit additional impact on adjacent propertyI, Mark Noble, Administrator, Luther Manor owners.Nursing Home, property owner, having read the 2)Lighting shall be provided per City standards.terms and conditions of the foregoing Ordinance 3)Landscaping shall be provided in complianceNo. 38-95 and being familiar with the conditions with Section 4-4 of the Zoning Ordinance andthereof, hereby accept the same and agree to the as stipulated in the conceptual developmentconditions required therein. plan.Dated this 5th day of June, 1995. 4)All utilities including telephone and cableBy /s/Mark Noble, Administrator television shall be installed underground.Luther Manor Nursing Home 5)Sidewalks shall be placed four (4) feet behindPublished officially in the Telegraph Herald the curb parallel to the street on all public streetnewspaper this 12th day of December, 1995. frontages and constructed in accordance withKaren M. Chesterman, Deputy City Clerk City standards.1t 12/12 6)Final site development plans shall be submittedCouncil Member Voetberg moved final in accordance with Section 4-4 of the Zoningconsideration and passage of the Ordinance. Ordinance prior to construction of eachSeconded by Council Member Kluesner. Carried building or structure unless otherwise exemptedby the following vote: Yeas—Mayor Duggan, by Section 4-4.Council Members Kluesner, Krieg, Nicholson, D.Sign Regulations.Robbins, Voetberg. Nays—None. The sign regulations shall be the same asAbsent—Council Member Nagle. established in Section 4-3.11 of the Zoning Ordinance. BOARDS AND COMMISSIONS — E.Additional Standards. ENVIRONMENTAL STEWARDSHIP 1)The conceptual development plan shall be validCOMMISSION for a period of 3 years provided a final siteOne "Youth" Term which will expire 6-01-96. development plan is submitted within two (2)Council Member Voetberg moved that Jason years from the date of approval.Emmert be appointed to the Youth position for a 2)That all previously approved conceptualone year term which will expire June 1, 1996. development plans are hereby amended toSeconded by Council Member Kluesner. Carried Regular Session, June 5, 19959 by the following vote: Yeas—Mayor Duggan,Whereas, there has been presented to the City Council Members Kluesner, Krieg, Nicholson,Council of the City of Dubuque, Iowa, a plat dated Robbins, Voetberg. Nays—None.April 27, 1995, prepared by IIW Engineers and Absent—Council Member Nagle.Surveyors, P.C., describing the proposed vacated Adult Terms to expire 6-1-98 - Two Three-portion of Tower Street lying between Block K Year terms. Applicants: Michael J. Buelow,and Block M in Booth's Addition in the City of Dorothy Crimmins, William Gartner, MarkDubuque, Iowa; and Hogan, Terry Mozena, Sam Mulgrew, LeslieWhereas, said plat conforms to the laws and Neyens. statutes pertaining thereto. Mike Buelow, presently Chairperson of theNOW, THEREFORE, BE IT RESOLVED BY Commission, spoke requesting reappointment.THE CITY COUNCIL OF THE CITY OF Vote on the appointments was as follows:DUBUQUE, IOWA: Mayor Duggan voted for Buelow and Gartner.Section 1. That the plat dated April 27, 1995, Council Member Kluesner voted for Buelow andprepared by IIW Engineers and Surveyors, P.C., Neyens. Council Member Krieg voted for Buelowrelative to the real estate hereinabove described be and Neyens. Council Member Nagle was absent.and the same is hereby approved, and the Mayor Council Member Nicholson voted for Buelow andand City Clerk be and they are hereby authorized Neyens. Council Member Robbins voted forand directed to execute said plat for and on behalf Buelow and Gartner. Council Member Voetbergof the City of Dubuque, Iowa. voted for Buelow and Neyens. Therefore, MichaelSection 2. That the City Clerk be and is hereby J. Buelow and Leslie Neyens reappointed to threeauthorized and directed to file said plat and year terms on the Environmental Stewardshipcertified copy of this resolution in the office of the Commission which will expire 6-1-98.Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of Anna O'Shea, member of the Long RangeJune, 1995. Planning Commission, and Laura Carstens,Terrance M. Duggan, Mayor Planning Services Manager, gave a presentationAttest: which provided an update on Phase II of theKaren M. Chesterman, Deputy City Clerk Comprehensive Plan.Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member City Manager concurring with City Planner andRobbins. Carried by the following vote: recommending denial of final plat of portion ofYeas—Mayor Duggan, Council Members Sunny Slopes Estates and presentation of aKluesner, Krieg, Nicholson, Robbins, Voetberg. Resolution (presented if Council overrules denial)Nays—None. Absent—Council Member Nagle. Approving final plat of Lots 1, 2, A & B & C Block 11-Subdivision of Block 11 of SunnyAn Ordinance Vacating Tower Street between Slopes Estates, presented and read. CouncilBlock K and Block M in Booth's Addition, Member Voetberg moved to receive and file thepresented and read. communication and to concur with the denial. Seconded by Council Member Krieg. No voteORDINANCE NO. 39-95 taken on the motion. ORDINANCE VACATING A PORTION OF TOWER STREET LYING BETWEEN Gene Sullivan and Ernie Quade, developers ofBLOCK K AND BLOCK M IN BOOTH'S the property, objected to proposedADDITION IN THE CITY OF DUBUQUE, recommendations, especially in regard to IOWA requirements for ownership of specified detentionWhereas, Community Development has basins.requested the vacating of Tower Street lying between Block K and Block M in Booth's Addition Council Member Krieg moved to table actionin the City of Dubuque, Iowa; and on this matter until the meeting of June 19th.Whereas, IIW Engineers and Surveyors, P.C. Seconded by Council Member Robbins. Carriedhave prepared and submitted to the City Council a by the following vote: Yeas—Council Membersplat showing the vacated portion of Tower Street Krieg, Nicholson, Robbins, Voetberg.lying between Block K and Block M in Booth's Nays—Mayor Duggan, Council MemberAddition in the City of Dubuque, Iowa and Kluesner. Absent—Council Member Nagle.assigned a number thereto, which hereinafter shall be known and described as Lot A, Block M of City Manager recommending to vacate portionBooth's Addition, in the City of Dubuque, of Tower Street and approve plat of area, presentedDubuque County, Iowa; and and read. Council Member Voetberg moved thatWhereas, the City Council of the City of the communication be received and filed.Dubuque, Iowa has determined that Tower Street Seconded by Council Member Robbins. Carriedlying between Block K and Block M in Booth's by the following vote: Yeas—Mayor Duggan,Addition in the City of Dubuque, Iowa is no longer Council Members Kluesner, Krieg, Nicholson,required for public use, and vacating of said Robbins, Voetberg. Nays—None.portions of Tower Street known as Lot A, Block M Absent—Council Member Nagle.of Booth's Addition in the City of Dubuque, Dubuque County, Iowa should be approved. RESOLUTION NO. 199-95NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RESOLUTION APPROVING PLAT OF PROPOSED VACATED TOWER STREETDUBUQUE, IOWA: LYING BETWEEN BLOCK K AND BLOCKSection 1. That the real estate described as Tower Street lying between Block K and Block M M IN BOOTH'S ADDITION IN THE CITY in Booth's Addition in the City of Dubuque, Iowa, OF DUBUQUE, IOWA be and the same is hereby vacated. 10 Regular Session, June 5, 1995 Passed, approved and adopted this 5th day of1091 Main St June, 1995.Wareco System of Ia. # 662 Terrance M. Duggan, MayorWareco System of Iowa700 Rhomberg Ave Attest:West Locust Mart Karen M. Chesterman, Deputy City ClerkLee W. Potter Sr408 W. Locust St Published officially in the Telegraph HeraldPassed, approved and adopted this 5th day of this 12th day of June, 1995.June, 1995. Karen M. Chesterman, Deputy City ClerkTerrance M. Duggan, Mayor 1t 12/12Attest: Council Member Voetberg moved that theKaren M. Chesterman, Deputy City Clerk requirement that a proposed Ordinance beCouncil Member Kluesner moved adoption of considered and voted on for passage at twothe Resolution. Seconded by Council Member Council Meetings prior to the meeting at which itRobbins. Carried by the following vote: is to be finally passed be suspended. Seconded byYeas—Mayor Duggan, Council Members Council Member Robbins. Carried by theKluesner, Krieg, Nicholson, Robbins, Voetberg. following vote: Yeas—Mayor Duggan, CouncilNays—None. Absent—Council Member Nagle. Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays—None. Absent—CouncilRESOLUTION NO. 201-95 Member Nagle. Council Member Voetberg movedWhereas, applications for Beer Permits have final consideration and passage of the Ordinance.been submitted and filed to this Council for Seconded by Council Member Robbins. Carriedapproval and the same have been examined and by the following vote: Yeas—Mayor Duggan,approved; and Council Members Kluesner, Krieg, Nicholson,Whereas, the premises to be occupied by such Robbins, Voetberg. Nays—None.applicants were inspected and found to comply Absent—Council Member Nagle.with the Ordinances of this City and have filed proper bonds. RESOLUTION NO. 200-95NOW, THEREFORE, BE IT RESOLVED BY NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OFDUBUQUE, IOWA: DUBUQUE, IOWA:That the Manager be authorized to cause to be That the following having complied with theissued the following named applicants a Beer provisions of law relating to the salePermit. of Cigarettes within the City of Dubuque, Iowa, beCLASS "B" BEER PERMIT granted a permit to sell Cigarettes and CigaretteProspect Pizza LtdPizza Hut #1 Papers within said City.+(Sunday Sales)2075 JFK Rd Angie's TapAngela MangenoCLASS "BE" BEER PERMIT 1401 Elm StRobert F. Beecher Beecher Beverage Co. Beecher Co. Inc.Beecher Co. Inc.+(Sunday Sales)1691 Asbury 1691 Asbury RdCLASS "B" BEER PERMIT Busy Bee CafeGeorge Arvanitis(5 Day Special Event) 1958 Central AveDonna GinterCatfish Festival Casey's General Store+(Sunday & Outdoor Ser)Hawthorne St Casey's Marketing Co.5501 Asbury RdDubuque JayceesDubuque Jaycees Copper KettleVera Stoffel+(Outdoor Service)Town Clock 2987 Jackson StPassed, approved and adopted this 5th day of Cremer Grocery Co.Cremer Grocery CoJune, 1995 731 Rhomberg AveTerrance M. Duggan, Mayor Eagle Country Market Co #018Attest: Eagle Food Centers Inc.300 S. LocustKaren M. Chesterman, Deputy City Clerk Eagle Country Market Co. #130Council Member Kluesner moved adoption of Eagle Food Centers Inc.1800 Elm Stthe Resolution. Seconded by Council Member Eagle Country Market Co. #320Robbins. Carried by the following vote: Eagle Food Center Inc.2050 JFK RdYeas—Mayor Duggan, Council Members Europa Restaurant & Bierstube Kluesner, Krieg, Nicholson, Robbins, Voetberg. Bierstube LTD1301 Rhomberg AveNays—None. Absent—Council Member Nagle. Goetz'sJames W. Goetzinger 2776 Jackson StRESOLUTION NO. 202-95 Grandview DrugCliff HartWhereas, applications for Liquor Licenses have 1705 Delhi Stbeen submitted to this Council for Grandview Milk HouseSandra J. Michelapproval and the same have been examined and 620 W. Grandview Aveapproved; and Happy's PlacePMST, IncWhereas, the premises to be occupied by such 2323 Rockdale Rdapplicants were inspected and found to Hy-Vee Food Stores Inc.Hy-Vee Storecomply with the State Laws and all City 3500 Dodge StOrdinances relevant thereto and they have filed KC's Downtown Auto CenterLynn Kruserproper bonds. 205 Locust StNOW, THEREFORE, BE IT RESOLVED BY Mike's 76 Auto Service CenterTHE CITY COUNCIL OF THE CITY OF Mike Remakel2205 Carter RdDUBUQUE, IOWA: Murphs South End TapThat the Manager be authorized to cause to be Murph's South End Tap Inc.55 Locust STissued the following named applicants Old ShangNelda L. Bennetta Liquor License. Regular Session, June 5, 199511 CLASS "C" (COMMERCIAL) BEERp.m. at the public library auditorium, 11th & & LIQUOR LICENSELocust, Dubuque, Iowa. Bernice M. BauerB'zPassed, approved and adopted this 5th day of +(Sunday Sales)431 Rhomberg AveJune, 1995. House of China Co.House of ChinaTerrance M. Duggan, Mayor +(Sunday Sales)801 Town Clock Plz.Attest: JJD Inc. Diggers-Endzone Sprts BarKaren M. Chesterman, Deputy City Clerk (Outdoor Service)660 Iowa StCouncil Member Voetberg moved adoption of Passed, approved and adopted this 5th day ofthe Resolution and set the matter for Public June, 1995Hearing on 6-19-95 at 7:00 p.m. in the Public Terrance M. Duggan, MayorLibrary Auditorium and that the City Clerk be Attest:directed to publish notice in the manner prescribed Karen M. Chesterman, Deputy City Clerkby law. Seconded by Council Member Robbins. Council Member Kluesner moved adoption ofCarried by the following vote: Yeas—Mayor the Resolution. Seconded by Council MemberDuggan, Council Members Kluesner, Krieg, Robbins. Carried by the following vote:Nicholson, Robbins, Voetberg. Nays—None. Yeas—Mayor Duggan, Council MembersAbsent—Council Member Nagle. Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Nagle.City Manager submitting documents providing for bidding process for Construction Rehabilitation Corporation Counsel requesting public hearingRepairs to Locust Street, Iowa Street and Fifth be held to dispose of property in the Ice Harbor toStreet Parking Facilities, presented and read. Dubuque Casino Belle, Inc., and to the DubuqueCouncil Member Krieg moved that the County Historical Society, presented and read.communication be received and filed. Seconded Council Member Voetberg moved that theby Council Member Robbins. Carried by the communication be received and filed. Secondedfollowing vote: Yeas—Mayor Duggan, Council by Council Member Robbins. Carried by theMembers Kluesner, Krieg, Nicholson, Robbins, following vote: Yeas—Mayor Duggan, CouncilVoetberg. Nays—None. Absent—Council Members Kluesner, Krieg, Nicholson, Robbins,Member Nagle. Voetberg. Nays—None. Absent—Council Member Nagle. RESOLUTION NO. 204-95 RESOLUTION FOR PRELIMINARY RESOLUTION NO. 203-95APPROVAL OF PLANS AND RESOLUTION OF INTENT TO DISPOSESPECIFICATIONS FOR THE 1995 OF INTEREST IN REAL PROPERTY BYREHABILITATION REPAIRS TO THE THE CITY OF DUBUQUE, IOWA.CITY OF DUBUQUE PARKING RAMP WHEREAS, the City of Dubuque is the ownerFACILITIES of or has an interest in the real property to beNOW, THEREFORE, BE IT RESOLVED BY known as Lots 4, 7, 8 and 9, Ice HarborTHE CITY COUNCIL OF THE CITY OF Development, as shown on the final plat thereof, aDUBUQUE, IOWA: copy of which is attached hereto; andThat the proposed plans, specifications, form of WHEREAS, pursuant to a Memorandum ofcontract and estimated cost for the 1995 Agreement dated July 2, 1990, between the City ofRehabilitation Repairs to the City of Dubuque Dubuque and Roberts River Rides, Inc., DubuqueParking Ramp Facilities, in the estimated amount Casino Belle, Inc., and Robert J. Kehl and Ruth A.of $310,000.00 are hereby approved and ordered Kehl, a copy of which is attached hereto, the Cityfiled in the office of the City Clerk for public agreed to convey to Dubuque Casino Belle, Inc.,inspection. its interest in Lots 7 and 8 in exchange for certainPassed, approved and adopted this 5th day of property owned by Dubuque Casino Belle, Inc.,June, 1995. and Robert J. Kehl and Ruth A. Kehl; and Terrance M. Duggan, Mayor WHEREAS, pursuant to a Memorandum ofAttest: Agreement dated April 2, 1990, a copy of which isKaren M. Chesterman, Deputy City Clerk attached hereto, between the City of Dubuque andCouncil Member Krieg moved adoption of the the Dubuque County Historical Society, the CityResolution. Seconded by Council Member agreed to convey its interest in Lot 4 and Lot 9 toRobbins. Carried by the following vote: the Dubuque County Historical Society inYeas—Mayor Duggan, Council Members exchange for certain property owned by theKluesner, Krieg, Nicholson, Robbins, Voetberg. Dubuque Historical Society; andNays—None. Absent—Council Member Nagle. WHEREAS, the parties now desire to finalize such arrangements by the exchange of properties. RESOLUTION NO. 205-95 NOW, THEREFORE, BE IT RESOLVED BYRESOLUTION FIXING DATE OF THE CITY COUNCIL OF THE CITY OFHEARING ON PLANS AND DUBUQUE, IOWA:SPECIFICATIONS Section 1. The City of Dubuque, Iowa, intendsWhereas, the City Council of the City of to dispose of its interest in the foregoing-describedDubuque, Iowa has given its preliminary approval real property.on the proposed plans, specifications, and form of Section 2. The City Clerk be and is herebycontract and placed same on file in the office of the authorized and directed to cause a notice to beCity Clerk for public inspection of the 1995 published, as prescribed by Iowa Code SectionRehabilitation Repairs to the City of Dubuque 364.7, of the date, time and place of public hearingParking Ramp Facilities. of its intent to dispose of its interest in theNOW THEREFORE, BE IT RESOLVED BY foregoing-described real estate, which hearing shallTHE CITY COUNCIL OF THE CITY OF be on the 19th day of June, 1995 at 7:00 o'clockDUBUQUE, IOWA: 12 Regular Session, June 5, 1995 That on the 3rd day of July, 1995, a publicVoetberg. Nays—None. Absent—Council hearing will be held at 7:00 p.m. in the PublicMember Nagle. Library Auditorium at which time interested persons may appear and be heard for or against theRESOLUTION NO. 207-95 proposed plans and specifications, form of contractRESOLUTION OF INTENTION TO and cost of said improvement, and the City Clerk DISPOSE OF CITY-OWNED PROPERTY, be and is hereby directed to cause a notice of timeSPECIFICALLY, LOT ONE (1) OF LOT and place of such hearing to be published in aFORTY-NINE (49) OF SANFORD'S newspaper having general circulation in the City ofSUBDIVISION IN THE CITY OF Dubuque, Iowa, which notice shall be not less than DUBUQUE, IN THE COUNTY OF four days nor more than twenty days prior to theDUBUQUE, IOWA, ACCORDING TO THE day fixed for its consideration. At the hearing, anyRECORDED PLAT THEREOF - 2239 interested person may appear and file objections toPRINCE STREET. the proposed plans, specifications, contract, orWhereas, the City of Dubuque received certain estimated cost of the improvement.real estate from ECIA in settlement of a FEMA- Passed, approved and adopted this 5th day ofpaid claim for flooding damages; and June, 1995.Whereas, analysis for disposition of the Terrance M. Duggan, Mayorproperty through the City's DREAMS Program has Attest:concluded that costs exceed value and excessive Karen M. Chesterman, Deputy City Clerksubsidy would otherwise be needed to obtain Council Member Krieg moved adoption of theproject feasibility; and Resolution. Seconded by Council MemberWhereas, bids have been received from Robbins. Carried by the following vote:members of the general public in response to a Yeas—Mayor Duggan, Council Memberssolicitation to purchase. Kluesner, Krieg, Nicholson, Robbins, Voetberg.NOW, THEREFORE, BE IT RESOLVED BY Nays—None. Absent—Council Member Nagle.THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa RESOLUTION NO. 206-95 intends to dispose of its interest in the following RESOLUTION ORDERING BIDS NOW, THEREFORE, BE IT RESOLVED BYlegally-described property: THE CITY COUNCIL OF THE CITY OFLot One (1) of Lot Forty-nine (49) of Sanford's DUBUQUE, IOWA:Subdivision in the City of Dubuque, in the That the 1995 Rehabilitation Repairs to theCounty of Dubuque, Iowa, according to the City of Dubuque Parking Ramp Facilities isrecorded plat thereof. hereby ordered to be advertised for bids forSection 2. That the City of Dubuque, Iowa, construction.proposes to dispose of its interest in the above- BE IT FURTHER RESOLVED, that thedescribed real estate to Louis Mihalakis, for the amount of the security to accompany each bid shallsum of Two Thousand Dollars ($2000). be in an amount which shall conform to theSection 3. That the City Council meet in the provisions of the notice to bidders hereby approvedCarnegie Stout Public Library Auditorium, 11th as a part of the plans and specifications heretoforeand Bluff Streets, Dubuque, Iowa, at 7 pm on the adopted.19th day of June, 1995, for the purpose of holding That the City Clerk is hereby directed toa public hearing and taking final action on the advertise for bids for the construction of thedisposition of the above-described real estate in the improvements herein provided, to be published inCity of Dubuque, Iowa. a newspaper having general circulation in the CitySection 4. That the City Clerk be and she is of Dubuque, Iowa, which notice shall not be lesshereby authorized and directed to cause notice of than four nor more than twenty days prior to thesuch public hearing and the City Council's intent to receipt of said bids at 2:00 p.m. on the 26th day ofdispose of such property to be published as June, 1995. Bids shall be opened and read by theprescribed under Iowa Code Section 364.7. City Clerk at said time and will be submitted to thePassed, approved and adopted this 5th day of City Council for final action at 7:00 p.m. on theJune, 1995. 3rd day of July, 1995.Terrance M Duggan, Mayor Passed, approved and adopted this 5th day ofAttest: June, 1995.Karen M. Chesterman, Deputy City Clerk Terrance M. Duggan, MayorCouncil Member Krieg moved adoption of the Attest:Resolution. Seconded by Council Member Karen M. Chesterman, Deputy City ClerkVoetberg. Carried by the following vote: Council Member Krieg moved adoption of theYeas—Mayor Duggan, Council Members Resolution. Seconded by Council MemberKluesner, Krieg, Nicholson, Robbins, Voetberg. Robbins. Carried by the following vote:Nays—None. Absent—Council Member Nagle. Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg.There being no further business, Council Nays—None. Absent—Council Member Nagle.Member Krieg moved to adjourn the meeting. Seconded by Council Member Robbins. Carried City Manager recommending to dispose ofby the following vote: Yeas—Mayor Duggan, property located at 2239 Prince Street, presentedCouncil Members Kluesner, Krieg, Nicholson, and read. Council Member Krieg moved that theRobbins, Voetberg. Nays—None. communication be received and filed. SecondedAbsent—Council Member Nagle. Meeting by Council Member Voetberg. Carried by theadjourned at 9:13 p.m. following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins,Karen M. Chesterman Regular Session, June 5, 199513 Deputy City Clerk Approved ______________________, 1996. Adopted _______________________, 1996. ____________________________________ Mayor ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ Council Members Attest: ____________________________________ City Clerk Board of Health, June 19, 19952 Approved ______________________, 1996. CITY OF DUBUQUE Adopted _______________________, 1996. BOARD OF HEALTH ____________________________________ Chairperson QUARTERLY ____________________________________ MEETING ____________________________________ Special Board of Health Meeting, June 19, 1995 ____________________________________ Board met at 6:55 p.m., Public Library Auditorium. Present: Chairperson Duggan, Board Members ____________________________________ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. ____________________________________ Chairperson Duggan read the call and stated this is a Special Board of Health Meeting called ____________________________________ for the purpose to act upon such business which Board Members may properly come before the Board. City Manager recommending Board of Health Attest: approval of agreement for VNA funding, presented and read. Board Member Krieg moved that the ____________________________________ communication be received and filed and approved Secretary, Board of Health agreement. Seconded by Board Member Nagle. Carried by the following vote: Yeas—Chairperson Duggan, Board Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. City Manager recommending to not approve the Iowa Public Health Charter as requested by the IA Dept. of Public Health, presented and read. Board Member Krieg moved that the communication be received and filed and concurred with denial. Seconded by Board Member Robbins. Carried by the following vote: Yeas—Chairperson Duggan, Board Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. There being no further business, Board Member Krieg moved to adjourn the meeting. Seconded by Board Member Nagle. Carried by the following vote: Yeas—Chairperson Duggan, Board Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Meeting adjourned at 6:59 p.m. Mary A. Davis CMC Secretary, Board of Health Regular Session, June 19, 19953 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Council Meeting, June 19, 1995 Council Met at 7:00 p.m., Public Library Auditorium Present: Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl. Absent: None. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Mayor Duggan. Proclamation: Week of June 24-30 as "Amateur Radio Week". Jack Kilcoyne of Public Information Committee, submitted the completed "Gang Awareness Handbook." MINUTES SUBMITTED — Cable Community Teleprogramming Commission of 6-6; Environmental Stewardship Commission of 6-6; Housing Commission Trust Fund Committee of 6- 1; Long Range Planning Commission of 5-17; Zoning Board of Adjustment of 5-25; Zoning Commission of 6-7, presented and read. Council Member Voetberg moved that the minutes be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. NOTICES OF CLAIMS/SUITS — Melody Dillon in unknown amount for personal injuries; Clyde T. Schrodt in amount of $775.17 for vehicle damages; Diane TeKippe in unknown amount for personal injuries, presented and read. Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Corporation Counsel advising following claims have been referred to Crawford & Company, the agent for the Iowa Communities Assurance Pool: Personal injury of Marcie Kohlenberg; Property damage of Jean Kohn; Property damage of Harold R. Price; Vehicle damage of Karen Underhill; Personal injury of Claude B. Wilson, presented and read. Council Member Voetberg moved that the communications be received and filed. Seconded by Council Member Nagle. Carried by Regular Session, June 19, 1995 4 the following vote: Yeas—Mayor Duggan, OF LOT 1 OF 2 OF 1, LOT 2 OF 2 OF 1, Council Members Kluesner, Krieg, Nagle,AND LOT 3 OF 2 OF 1 OF THE SW 1/4 OF Nicholson, Robbins, Voetberg. Nays—None.THE SW 1/4, SECTION 12, T.88 N, R.2 E OF THE 5TH P.M., IN DUBUQUE COUNTY, Corporation Counsel recommending settlement IOWA. of following claims and directing Finance DirectorWhereas, there has been filed with the City to issue proper checks: Vehicle damage of MichaelClerk a subdivision plat of Lot 1 of 2 of 1, Lot 2 of J. Donohue in the amount of $80.14; Property2 of 1, and Lot 3 of 2 of 1 of the SW 1/4 of the SW damage of Richard and Nancy Wallace in the1/4, Section 12, T.88 N, R.2 E of the 5th P.M., in amount of $177.00; Property damage of Ron &Dubuque County, Iowa; and Margie White in amount of $200.00, presentedWhereas, said final plat has been reviewed by and read. Council Member Voetberg moved thatthe Zoning Commission and had its approval the communications be received and filed andendorsed thereon; and settlements approved and Finance Director to issueWhereas, said plat has been examined by the proper checks. Seconded by Council MemberCity Council and they find that it conforms to the Nagle. Carried by the following vote:statutes and ordinances relating to it. Yeas—Mayor Duggan, Council MembersNOW, THEREFORE, BE IT RESOLVED BY Kluesner, Krieg, Nagle, Nicholson, Robbins,THE CITY COUNCIL OF THE CITY OF Voetberg. Nays—None.DUBUQUE, IOWA: Section 1. That Resolution No. 117-95 is Corporation Counsel recommending denial ofhereby rescinded. car damage claim of Duane I. Kruse, presented andSection 2. That the Subdivision Plat of Lot 1 of read. Council Member Voetberg moved that the2 of 1, Lot 2 of 2 of 1, and Lot 3 of 2 of 1 of the communication be received and filed and denialSW 1/4 of the SW 1/4, Sec. 12, T.88 N, R.2 E of approved. Seconded by Council Member Nagle.the 5th P.M., in Dubuque County, Iowa, is hereby Carried by the following vote: Yeas—Mayorreaffirmed and the Mayor and City Clerk are Duggan, Council Members Kluesner, Krieg,hereby authorized and directed to endorse the Nagle, Nicholson, Robbins, Voetberg.approval of the City of Dubuque, Iowa, upon said Nays—None.plat. Passed, approved and adopted this 19th day of Proof of Publication on List of Claims forJune, 1995. month of April, 1995, presented and read. CouncilTerrance M. Duggan, Mayor Member Voetberg moved that the proof beATTEST: received and filed. Seconded by Council MemberMary A. Davis, City Clerk Nagle. Carried by the following vote:Council Member Voetberg moved adoption of Yeas—Mayor Duggan, Council Membersthe Resolution. Seconded by Council Member Kluesner, Krieg, Nagle, Nicholson, Robbins,Nagle. Carried by the following vote: Voetberg. Nays—None.Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Daniel F. Regan requesting to purchaseVoetberg. Nays—None. abandoned alley way adjacent to his property at 780 Stewart St., presented and read. CouncilCity Development Board submitting Findings Member Voetberg moved that the matter beof Fact and Conclusions of Law and Certification referred to the City Manager for investigation andapproving the annexation of Secondary Roads to report. Seconded by Council Member Nagle.the City of Dubuque, presented and read. Council Carried by the following vote: Yeas—MayorMember Voetberg moved that the communication Duggan, Council Members Kluesner, Krieg,be received and filed. Seconded by Council Nagle, Nicholson, Robbins, Voetberg.Member Nagle. Carried by the following vote: Nays—None.Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Odra M. Eberhardt advising of no objection toVoetberg. Nays—None. Daniel Regan purchasing above project, presented and read. Council Member Voetberg moved thatCarl Bolm, General Manager of Dubuque the communication be received and filed.Diamond Jo Casino requesting an agreement Seconded by Council Member Nagle. Carried byregarding Ice Harbor Parking, presented and read. the following vote: Yeas—Mayor Duggan,Council Member Voetberg moved that the matter Council Members Kluesner, Krieg, Nagle,be referred to the City Manager for investigation Nicholson, Robbins, Voetberg. Nays—None.and report. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor City Manager recommending approval toDuggan, Council Members Kluesner, Krieg, rescind Resolution No. 177-95 (Final Plat forNagle, Nicholson, Robbins, Voetberg. Twin Ridge Subdivision #3), presented and read.Nays—None. Council Member Voetberg moved that the communication be received and filed. SecondedCity Manager recommending approval of by Council Member Nagle. Carried by theCrime Prevention Community Grant Fund following vote: Yeas—Mayor Duggan, CouncilProgram Extension Application, presented and Members Kluesner, Krieg, Nagle, Nicholson,read. Council Member Voetberg moved that the Robbins, Voetberg. Nays—None.communication be received and filed and matter approved. Seconded by Council Member Nagle. RESOLUTION NO. 208-95Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, A RESOLUTION RESCINDING Nagle, Nicholson, Robbins, Voetberg. RESOLUTION NO. 117-95 AND REAFFIRMING THE SUBDIVISION PLATNays—None. Regular Session, June 19, 19955 City Manager recommending approval ofSection 1. That Supplement No. 24 of the Code adoption of Supplements 23 and 24 to the Cityof Ordinances of the City of Dubuque, Iowa, Code of Ordinances, presented and read. Councilcovering Ordinances through Ordinance No. 24-95 Member Voetberg moved that the communicationenacted through April 3, 1995 and prepared by the be received and filed. Seconded by CouncilSterling Codifers, Inc., Weiser, ID hereto filed in Member Nagle. Carried by the following vote:the Office of the City Clerk of the City of Yeas—Mayor Duggan, Council MembersDubuque, Iowa be and is hereby adopted and Kluesner, Krieg, Nagle, Nicholson, Robbins,becomes part of the Code of Ordinances of the City Voetberg. Nays—None.of Dubuque, Iowa. Passed, approved and adopted this 19th day of RESOLUTION NO. 209-95June, 1995. Terrance M. Duggan, Mayor ADOPTING SUPPLEMENT NO. 23 TO THE CODE OF ORDINANCES OFAttest: THE CITY OF DUBUQUE, IOWAMary A. Davis, City Clerk Whereas, under date of July 17, 1989, the CityCouncil Member Voetberg moved adoption of Council, pursuant to Ordinance No. 34-89,the Resolution. Seconded by Council Member readopted the Code of Ordinances of the City ofNagle. Carried by the following vote: Dubuque, Iowa for ordinances adopted up to andYeas—Mayor Duggan, Council Members including December 19, 1988; andKluesner, Krieg, Nagle, Nicholson, Robbins, Whereas, since December 19, 1988 the CityVoetberg. Nays—None. Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code ofCommunication of Bonnie Ferguson expressing Ordinances and said amendments have beenconcern regarding the lack of sidewalks on printed as supplements to the Code of Ordinances;Pennsylvania Ave. from Rosemont Street and andextending to Embassy West Drive, presented and Whereas, Section 380.8 of the Code ofread. Council Member Voetberg moved that the Ordinances provides that supplements, bymatter be referred to the City Manager. Seconded resolution, become part of the Code of Ordinances.by Council Nagle. Carried by the following vote: NOW THEREFORE, BE IT RESOLVED BYYeas—Mayor Duggan, Council Members THE CITY COUNCIL OF THE CITY OFKluesner, Krieg, Nagle, Nicholson, Robbins, DUBUQUE, IOWA:Voetberg. Nays—None. Section 1. That Supplement No. 23 of the Code of Ordinances of the City of Dubuque, Iowa,City Manager recommending to rename Wiltse covering Ordinances through Ordinance No. 10-95Drive and Wiltse Court located in Sunny Slopes enacted through February 5, 1995 and prepared byEstates Subdivision, presented and read. Council the Sterling Codifers, Inc., Weiser, ID hereto filedMember Voetberg moved that the communication in the Office of the City Clerk of the City ofbe received and filed. Seconded by Council Dubuque, Iowa be and is hereby adopted andMember Nagle. Carried by the following vote: becomes part of the Code of Ordinances of the CityYeas—Mayor Duggan, Council Members of Dubuque, Iowa.Kluesner, Krieg, Nagle, Nicholson, Robbins, Passed, approved and adopted this 19th day ofVoetberg. Nays—None. June, 1995. Terrance M. Duggan, MayorRESOLUTION NO. 211-95 Attest:A RESOLUTION CHANGING TWO Mary A. Davis, City Clerk STREET NAMES ON THE FINAL PLAT OF Council Member Voetberg moved adoption of SUNNY SLOPE ESTATES PHASE 3 IN THE the Resolution. Seconded by Council MemberCITY OF DUBUQUE, BY RENAMING Nagle. Carried by the following vote:WILTSE DRIVE AND WILTSE COURT TO Yeas—Mayor Duggan, Council Members GABRIEL DRIVE AND GABRIEL COURT, Kluesner, Krieg, Nagle, Nicholson, Robbins,RESPECTIVELY. Voetberg. Nays—None.Whereas, the City Council has approved the final plat of Sunny Slope Estates Phase 3 in the City of Dubuque, Iowa; and RESOLUTION NO. 210-95 ADOPTING SUPPLEMENT NO. 24Whereas, upon said final plat appear streets to TO THE CODE OF ORDINANCES OFbe known as Wiltse Drive, also know as Lot Q, THE CITY OF DUBUQUE, IOWAand Wiltse Court, also known as Lot R; and Whereas, under date of July 17, 1989, the CityWhereas, the City Council desires to change Council, pursuant to Ordinance No. 34-89,these street names to Gabriel Drive and Gabriel readopted the Code of Ordinances of the City ofCourt, respectively. Dubuque, Iowa for ordinances adopted up to andNOW THEREFORE, BE IT RESOLVED BY including December 19, 1988; andTHE CITY COUNCIL OF THE CITY OF Whereas, since December 19, 1988 the CityDUBUQUE, IOWA: Council of the City of Dubuque, Iowa has adoptedSection 1. That Wiltse Drive, also know as Lot certain ordinances amending the Code ofQ, and Wiltse Court, also known as Lot R, are Ordinances and said amendments have beenhereby renamed Gabriel Drive and Gabriel Court, printed as supplements to the Code of Ordinances;respectively; and andSection 2. That the Mayor and City Clerk are Whereas, Section 380.8 of the Code ofhereby authorized and directed to endorse the Ordinances provides that supplements, byapproval of the City of Dubuque, Iowa, upon such resolution, become part of the Code of Ordinances.changing of street names, and to file notice of the NOW THEREFORE, BE IT RESOLVED BYchange with the Recorder, Auditor and City THE CITY COUNCIL OF THE CITY OFAssessor of Dubuque County, Iowa. DUBUQUE, IOWA: Regular Session, June 19, 1995 6 Passed, approved and adopted this 19th day ofTerrance M. Duggan, Mayor June, 1995.Attest: Terrance M. Duggan, MayorMary A. Davis, City Clerk Attest:Council Member Nagle moved adoption of the Mary A. Davis, City ClerkResolution. Seconded by Council Member Council Member Voetberg moved adoption ofNicholson. Carried by the following vote: the Resolution. Seconded by Council MemberYeas—Mayor Duggan, Council Members Nagle. Carried by the following vote:Kluesner, Krieg, Nagle, Nicholson, Robbins, Yeas—Mayor Duggan, Council MembersVoetberg. Nays—None. Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None.Proof of Publication certified to by the Publisher on Notice of Public Hearing to dispose Council Member Nagle moved that the rules beof City's interest in property at 2239 Prince Street suspended to allow anyone present to address theand City Manager recommending approval to Council if they so desire. Seconded by Councildispose of property, presented and read. Council Member Nicholson. Carried by the following vote:Member Robbins moved that the proof and Yeas—Mayor Duggan, Council Memberscommunication be received and filed. Seconded Kluesner, Krieg, Nagle, Nicholson, Robbins,by Council Member Nagle. Carried by the Voetberg. Nays—None.following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Proof of Publication certified to by theRobbins, Voetberg. Nays—None. Publisher on Notice of Public Hearing to dispose of City's interest in Lots 4, 7, 8 and 9 Ice Harbor RESOLUTION NO. 213-95 Development, presented and read. CouncilRESOLUTION APPROVING THE Member Nagle moved that the proof be receivedDISPOSAL OF CITY-OWNED PROPERTY, and filed. Seconded by Council MemberSPECIFICALLY, LOT ONE (1) OF LOT Nicholson. Carried by the following vote: FORTY-NINE (49) OF SANFORD’S Yeas—Mayor Duggan, Council MembersSUBDIVISION IN THE CITY OF Kluesner, Krieg, Nagle, Nicholson, Robbins,DUBUQUE, COUNTY OF DUBUQUE, Voetberg. Nays—None.IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, ALSO KNOWN AS 2239 RESOLUTION NO. 212-95PRINCE STREET TO LOUIS MIHALAKIS. RESOLUTION DISPOSING OF INTERESTWhereas, pursuant to a notice, duly published in the Telegraph Herald newspaper, the City IN REAL PROPERTY BY THE CITY OF Council of Dubuque, Iowa, met on the 19th day of DUBUQUE, IOWA WHEREAS, pursuant to Resolution andJune, 1995, at 7:00 p.m. in the Carnegie Stout published notice of the time and place of hearing,Public Library Auditorium, 11th and Bluff Street, published in the Telegraph Herald, a newspaper ofDubuque, Iowa, to consider the proposal to dispose general circulation published in the city ofof City-owned real estate located at 2239 Prince Dubuque, Iowa, on the 9th day of June, 1995, theStreet which property is legally described as City Council of the City of Dubuque, Iowa met onfollows: the 19th day of June, 1995, at 7:00 o'clock p.m. inLot One (1) of Lot Forty-Nine (49) of the public library auditorium, 11th & Locust,Sanford’s Subdivision in the City of Dubuque, Dubuque, Iowa, to consider the disposal of theCounty of Dubuque, Iowa, according to the City's interest in real property to be known as Lotsrecorded plat thereof. 4, 7, 8 and 9, Ice Harbor Development, as shownWhereas, such property is proposed to be sold on the final plat thereof, a copy of which isto Louis Mihalakis in consideration for Two attached hereto; andThousand Dollars ($2,000.00); and WHEREAS, the City Council of the City ofWhereas, the City Council of the City of Dubuque, Iowa, overruled any and all objections,Dubuque, Iowa, has overruled any and all oral or written, to the disposal of such interest inobjections, oral and written, to the proposal to the above-described real property,dispose of the interest of the City of Dubuque, NOW THEREFORE, BE IT RESOLVED BYIowa, in the herein and above-named real estate to THE CITY COUNCIL OF THE CITY OFthe above-named grantee. DUBUQUE, IOWA:NOW, THEREFORE, BE IT RESOLVED BY Section 1. The disposal of the interest of theTHE CITY COUNCIL OF THE CITY OF City of Dubuque, Iowa, in the foregoing-describedDUBUQUE, IOWA: real property is hereby approved.Section 1. That the disposal of the interest of Section 2. The Mayor is authorized andthe City of Dubuque in the above-described directed to execute deeds conveying the City'sproperty to Louis Mihalakis is hereby approved. interest in Lots 7 and 8 to Dubuque Casino Belle,Section 2. That the Mayor be and he is hereby Inc., and its interest in Lot 4 and Lot 9 to theauthorized and directed to execute a Quit Claim Dubuque County Historical Society in exchangeDeed, and that the City Clerk be and she is hereby for deeds to the property owned by the Dubuquedirected and authorized to deliver such Deed, Casino Belle, Inc., and the Dubuque Countyconveying the above described real estate to the Historical Society.above-named grantee. Section 3. The City Clerk is authorized andPassed, approved and adopted this 19th day of directed to record a certified copy of thisJune, 1995. Resolution in the offices of the City Assessor,Terrance M. Duggan, Mayor Dubuque County Recorder, and the DubuqueAttest: County Auditor.Mary A. Davis, City Clerk Passed, approved and adopted this 19th day ofCouncil Member Robbins moved adoption of June, 1995.the Resolution. Seconded by Council Member Regular Session, June 19, 19957 Nagle. Carried by the following vote:Nagle, Nicholson, Robbins, Voetberg. Yeas—Mayor Duggan, Council MembersNays—None. Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None.RESOLUTION NO. 214-95 RESOLUTION DIRECTING SALE OF BOARDS AND COMMISSIONS$2,000,000 ESSENTIAL CORPORATE PURPOSE GENERAL OBLIGATION TV CABLE COMMUNITYBONDS. Whereas, pursuant to notice as required by law, TELEPROGRAMMING COMMISSION:bids have been received at public sale for the bonds One unexpired term which will expire 6-30-96.described as follows and the best bid received is Applications: David A. Wanamaker, 1912 Lagen.determined to be the following: Council Member Kluesner moved that David$2,000,000 ESSENTIAL CORPORATE Wanamaker be appointed to the TV CablePURPOSE GENERAL OBLIGATION Community Teleprogramming Commission for anBONDS: unexpired term which will expire 6-30-96.Bidder: UMB Bank N.A., of Kansas City, Seconded by Council Member Voetberg. CarriedMissouri, the terms of said bid being: by the following vote: Yeas—Mayor Duggan,Gross Interest $616,825.83 Council Members Kluesner, Krieg, Nagle,Lees Premium/Plus Discount $11,340.00 Nicholson, Robbins, Voetberg. Nays—None.Net Interest Cost $628,165.83 Net Interest Rate 4.734918% ZONING COMMISSION:NOW, THEREFORE, BE IT RESOLVED BY Two - three-year terms to expire 7-1-98 - termsTHE CITY COUNCIL OF THE CITY OF of Haberkorn & Stiles; One two-year term toDUBUQUE, IOWA: expire 7-1-97 - term of Hardie. Applications: VernSection 1. That the bid for the bonds as above Haberkorn, Stephen Hardie, Donald H. Lochner,set out is hereby determined to be the best and Keith Shearer, Jeff Stiles.most favorable bid received and, said bonds are Communication of Dave Hartig objecting tohereby awarded based on said bid. reappointment of Stephen Hardie, presented andSection 2. That the statement of information for read. Council Member Kluesner moved that thebond bidders and the form of contract for the sale communication be received and filed. Secondedof said bonds are hereby approved and the Mayor by Council Member Voetberg. Carried by theand Clerk are authorized to execute the same on following vote: Yeas—Mayor Duggan, Councilbehalf of the City. Members Kluesner, Krieg, Nagle, Nicholson,Section 3. That the notice of the sale of the Robbins, Voetberg. Nays—None.bonds heretofore given and all acts of the Clerk Vote on the three-year appointments was asdone in furtherance of the sale of said bonds are follows: Mayor Duggan voted for Haberkorn &hereby ratified and approved. Stiles. Council Member Kluesner voted for HardiePassed, approved and adopted this 19th day of & Shearer. Council Member Krieg voted forJune, 1995. Hardie and Stiles. Council Member Nagle votedTerrance M. Duggan, Mayor for Haberkorn and Stiles. Council MemberAttest: Nicholson voted for Haberkorn and Stiles.Mary A. Davis, City Clerk Council Member Robbins voted for Haberkorn andCouncil Member Voetberg moved adoption of Stiles. Council Member Voetberg voted forthe Resolution. Seconded by Council Member Haberkorn and Stiles. Therefore, Vern HaberkornNagle. Carried by the following vote: and Jeff Stiles reappointed to the ZoningYeas—Mayor Duggan, Council Members Commission for three year terms which will expireKluesner, Krieg, Nagle, Nicholson, Robbins, 7-1-98.Voetberg. Nays—None. Vote for the two year term which will expire 7- 1-97. Mayor Duggan voted for Hardie. CouncilProof of Publication certified to by the Member Kluesner voted for Hardie. CouncilPublisher on Notice of Receipt of Bids to dispose Member Krieg voted for Hardie. Council Memberof City property located at Sixteenth Street and Nagle voted for Shearer. Council MemberKerper Boulevard and City Manager advising of Nicholson voted for Hardie. Council Memberbids received and recommending to dispose of Robbins voted for Shearer. Council Memberproperty to best bidder, presented and read. Voetberg voted for Shearer. Therefore, StephenCouncil Member Krieg moved that the proof and Hardie reappointed for a two year term to expire 7-communication be received and filed and directed 1-97 on the Zoning Commission.to go with the highest bidder (Phillip Ruppel of Wendy's). Seconded by Council Member Proof of Publication certified to by theNicholson. Carried by the following vote: Publisher on Notice of Sale of $2,000,000 G.O.Yeas—Mayor Duggan, Council Members Krieg, Bonds, and communication of Speer Financial Inc.Nicholson, Robbins, Voetberg. Nays—Council recommending to award bid to United MissouriMember Kluesner, Nagle. Bank (UMB), Kansas City, MO in net interest rate of $4.7349%, and City Manager recommending toPaul and Patricia Michel appealing the denial proceed with sale of $2,000,000 Essentialof Historical Preservation Commission and Corporate Purpose General Obligation Bonds,requesting Council approve a roofing problem for presented and read. Council Member Voetbergtheir property located at 1389 Locust Street, moved that the communications be received andpresented and read. Council Member Voetberg filed. Seconded by Council Member Nagle.moved that the communication be received and Carried by the following vote: Yeas—Mayorfiled. Seconded by Council Member Krieg. Duggan, Council Members Kluesner, Krieg,Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Regular Session, June 19, 1995 8 Nagle, Robbins, Voetberg. Nays—CouncilWhereas, the City Council concurs in the Member Nicholson.conditions of approval established by the Zoning Patty Michel, on behalf of her brother, PaulCommission and the City Planner. Michel, spoke requesting variance to use certainNOW, THEREFORE, BE IT RESOLVED BY kinds of shingles for the propertyTHE CITY COUNCIL OF THE CITY OF Pam Myrhe-Gonyier, on behalf of the HistoricDUBUQUE, IOWA: Preservation Comm., spoke.Section 1. That the dedication of Radford Historic Preservation Commission submittingCourt, together with the easements for public record concerning a reroofing request for propertyutilities, sanitary sewer, and storm sewer as they located in the Jackson Park Historic District,appear upon said final plat, be and the same are presented and read. Council Member Voetberghereby accepted; and moved that they concur with the HistoricSection 2. That the plat of Lots 1, 2, A, and B, Preservation decision. Seconded by CouncilBlock 11, being a subdivision of Block 11 of Member Krieg. Carried by the following vote:Sunny Slope Estates, is hereby approved and the Yeas—Mayor Duggan, Council MembersMayor and City Clerk are hereby authorized and Kluesner, Krieg, Nagle, Robbins, Voetberg.directed to endorse the approval of the City of Nays—Council Member Nicholson.Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute City Manager recommending approval of antheir written acceptance hereto attached agreeing: Usage Agreement for Murphy Park with Hillcresta.To reduce Radford Court to grade and to Family Services and authorizing Mayor to execute,construct concrete curb and gutter and to hard presented and read. Council Member Krieg movedsurface with asphaltic concrete, or with that the communication be received and filed andconcrete paving with integral curb, all in approved recommendation. Seconded by Councilaccordance with the City of Dubuque standard Member Voetberg. Carried by the following vote:specifications, all in a manner acceptable to the Yeas—Mayor Duggan, Council MembersCity Engineer, and in conformance with Kluesner, Krieg, Nagle, Nicholson, Robbins,construction improvement plans approved by Voetberg. Nays—None.the City Engineer, and inspected by the City Engineer. REFERRED FROM MEETING OFb.To install sanitary sewer mains and sewer JUNE 5, 1995service laterals into each individual lot, water City Manager recommending denial of final platsmains and water service laterals into each for property in Block 11 of Sunny Slope Estatesindividual lot, storm sewers and catch basins, and City Manager recommending City acceptboulevard street lighting and erosion control ownership of residential detention basins and notdevices all in accordance with the City of accept ownership of commercial detention basinsDubuque standard specifications, all in a in this subdivision, presented and read. Councilmanner acceptable to the City Engineer, and in Member Nicholson moved that theaccordance with construction improvement communications be received and filed andplans approved by the City Engineer, and concurred with recommendation of City Manager.inspected by the City Engineer. Seconded by Council Member Kluesner. Carriedc.To construct said improvements, prior to two by the following vote: Yeas—Mayor Duggan,(2) year(s) from the date of acceptance of this Council Members Kluesner, Krieg, Nagle,resolution, at the sole expense of the owners, or Nicholson, Robbins, Voetberg. Nays—None.future owners; d.To maintain the public improvements, for a period of two (2) years from the date of the RESOLUTION NO. 215-95 A RESOLUTION APPROVING THE FINALacceptance of those improvements by the City PLAT OF LOTS 1, 2, A, AND B, BLOCK 11,of Dubuque, Iowa, at the sole expense of the owners, or future owners; BEING A SUBDIVISION OF BLOCK 11 OF SUNNY SLOPE ESTATES IN THE CITY OFAnd further provided that said Radford Road DUBUQUE, IOWA.Development, as owners of said property, shall Whereas, there has been filed with the Citysecure the performance of the foregoing conditions Clerk a final plat Lots 1, 2, A, and B, Block 11,provided in this Section by providing guarantees in being a subdivision of Block 11 of Sunny Slopesuch form and with such sureties as may be Estates in the City of Dubuque, Iowa; andacceptable to the City Manager of the City of Whereas, upon said final plat appear street(s) toDubuque, Iowa. be known as Radford Court, together with certainSection 3. Sidewalk installation shall be the public utility and sanitary sewer and storm sewerresponsibility of the owner of the property abutting easements which the owners by said final plat havethe public right-of-way, as required by City Code dedicated to the public forever; and41-161 through 41-164. The responsibility shall Whereas, the preliminary plat has beenextend to all successors, heirs and assignees. examined by the Zoning Commission and had itsSidewalk installation will not be required until the approval endorsed thereon; anddevelopment of the lot has been completed, except Whereas, said final plat has been reviewed byas required herein. In sparsely developed the City Planner and had her approval endorsedsubdivisions, sidewalks on developed lots will not thereon, subject to the owners agreeing to thebe required until 50% of the lots approved by the conditions noted in Section 2 below; andplat have been developed. All vacant lots shall Whereas, said final plat has been examined byhave sidewalks installed upon development of 80% the City Council and they find that it conforms toof the lots approved by the plat. the statutes and ordinances relating to it, exceptSection 4. That storm water detention facilities that no streets or public utilities have yet beenshall be a requirement of each site plan submitted constructed or installed; andto the City for the development by the owner(s) of said lot(s), which responsibility for construction Regular Session, June 19, 19959 and maintenance shall be that of the owner(s) ofWhereas, there has been filed with the City said lot(s) and extend to all successors, heirs, andClerk a Plat of Ice Harbor Development in the City assigns. The sizing of the detention facilities shall,of Dubuque, Iowa; and in addition to detaining the site water, alsoWhereas, said plat has been examined by the incorporate and detain the impervious area of theZoning Commission and had its approval endorsed abutting Radford Court in the followingthereon; and proportions: Lots 1, 12% Lot 2, 15% and Lot B,Whereas, said final plat has been examined by 73%.the City Council and they find that it conforms to Stormwater detention facilities shall bethe statutes and ordinances relating thereto. designed by a registered civil engineer and shall beNOW, THEREFORE, BE IT RESOLVED BY designed to detain the 2, 10 and 100 year stormTHE CITY COUNCIL OF THE CITY OF recurrence intervals to the predeveloped conditionDUBUQUE, IOWA: of each lot.Section 1. That the Plat of Ice Harbor Section 5. That final acceptance of all publicDevelopment, in the City of Dubuque, Iowa is improvements shall occur upon acceptance by thehereby approved and the Mayor and City Clerk are City Council that public improvements have beenhereby authorized and directed to endorse the completed in accordance with the improvementapproval of the City of Dubuque, Iowa, upon said plans and City standard specifications.final plat. Section 6. That in the event Radford RoadPassed, approved and adopted this 19th day of Development shall fail to execute the acceptanceJune, 1995. and furnish the guarantees provided in Section 2Terrance M. Duggan, Mayor hereof within forty-five (45) days after the date ofATTEST: this Resolution, the provisions hereof shall be nullMary A. Davis, City Clerk and void and the acceptance of the dedication andCouncil Member Voetberg moved adoption of approval the plat shall not be effective.the Resolution. Seconded by Council Member Passed, approved and adopted this 19th day ofNagle. Carried by the following vote: June, 1995.Yeas—Mayor Duggan, Council Members Terrance M. Duggan, MayorKluesner, Krieg, Nagle, Nicholson, Robbins, ATTEST:Voetberg. Nays—None. Mary A. Davis, City Clerk ACCEPTANCE OF RESOLUTIONCity Manager recommending approval of plat NO. 215-95for portion of Jaeger Heights Subdivision No. 2, We, the undersigned, owners, representingpresented and read. Council Member Voetberg Radford Road Development, having read the termsmoved that the communication be received and and conditions of the Resolution No. 215-95 andfiled. Seconded by Council Member Robbins. being familiar with the conditions thereof, herebyCarried by the following vote: Yeas—Mayor accept this same and agree to the conditionsDuggan, Council Members Kluesner, Krieg, required therein.Nicholson, Robbins, Voetberg. Nays—None. Dated this 18th day of September, 1995.Absent—Council Member Nagle. By /s/ Ernie Quade, Radford Road Development Co.RESOLUTION NO. 217-95 By /s/ Gene Sullivan, Radford Road A RESOLUTION APPROVING THE FINAL Development Co.PLAT OF BLOCK 4, LOTS 1 THRU 5; TO: Mary A. DavisBLOCK 5, LOTS 1 THRU 3, AND BLOCK 6, City Clerk LOTS 1 THRU 4, BEING A SUBDIVISION This is to certify that the foregoing required OF JAEGER HEIGHTS SUBDIVISION NO. security for the foregoing Resolution No. 215-952 IN THE CITY OF DUBUQUE, IOWA. has been properly filed.Whereas, there has been filed with the City Signed at Dubuque, Iowa this 18th day ofClerk a final plat of Block 4, Lots 1 thru 5, Block September, 1995.5, Lots 1 thru 3, and Block 6, Lots 1 thru 4, being /s/ Gil Spencea subdivision of Jaeger Heights Subdivision No. 2 Acting City Managerin the City of Dubuque, Iowa; and Council Member Nicholson moved to adopt, asWhereas, upon said final plat appear street(s) to amended, the Resolution. Seconded by Councilbe known as Jaeger Drive and Bianca Drive, Member Kluesner. Carried by the following vote:together with certain public utility and sanitary Yeas—Mayor Duggan, Council Memberssewer and storm sewer easements which the Kluesner, Krieg, Nagle, Nicholson, Robbins,owners by said final plat have dedicated to the Voetberg. Nays—None.public forever; and Whereas, the preliminary plat has been Zoning Commission advising of the approval ofexamined by the Zoning Commission and had its final plat of Ice Harbor Development, presentedapproval endorsed thereon; and and read. Council Member Voetberg moved thatWhereas, said final plat has been reviewed by the communication be received and filed.the City Planner and had her approval endorsed Seconded by Council Member Nagle. Carried bythereon, and the following vote: Yeas—Mayor Duggan,Whereas, said final plat has been examined by Council Members Kluesner, Krieg, Nagle,the City Council and they find that it conforms to Nicholson, Robbins, Voetberg. Nays—None.the statues and ordinances relating to it, except that no streets or public utilities have yet been RESOLUTION NO. 216-95constructed or installed; and A RESOLUTION APPROVING THE PLATWhereas, the City Council concurs in the conditions of approval established by the Zoning OF ICE HARBOR DEVELOPMENT, IN Commission and the City Planner. THE CITY OF DUBUQUE, IOWA. Regular Session, June 19, 1995 10 NOW, THEREFORE, BE IT RESOLVED BYSection 5. That in the event Al Gudenkauf shall THE CITY COUNCIL OF THE CITY OFfail to execute the acceptance and furnish the DUBUQUE, IOWA:guarantees provided in Section 2 hereof within 45 Section 1. That the dedication of Jaeger Drivedays after the date of this Resolution, the and Bianca Drive, together with the easements forprovisions hereof shall be null and void and the public utilities, sanitary sewer, and storm sewer asacceptance of the dedication and approval the plat they appear upon said final plat, be and the sameshall not be effective. are hereby accepted; andPassed, approved and adopted this 19th day of Section 2. That the plat of Block 4, Lots 1 thruJune, 1995. 5; Block 5, Lots 1 thru 3; and Block 6, Lots 1 thruTerrance M. Duggan, Mayor 4; being a subdivision of Jaeger HeightsAttest: Subdivision No. 2, is hereby approved and theMary A. Davis, City Clerk Mayor and City Clerk are hereby authorized andACCEPTANCE OF RESOLUTION directed to endorse the approval of the City ofNO. 217-95 Dubuque, Iowa, upon said final plat, provided theI, the undersigned, Al Gudenkauf, having read owners of said property herein named, executethe terms and conditions of the Resolution No. their written acceptance hereto attached agreeing:217-95 and being familiar with the conditions a.To reduce Jaeger Drive and Bianca Drive tothereof, hereby accept this same and agree to the grade and to construct concrete curb and gutterconditions required therein. and to hard surface with asphaltic concrete, orDated in Dubuque, Iowa this day of with concrete paving with integral curb, all in , 1995. accordance with the City of Dubuque standard/s/ Al Gudenkauf specifications, all in a manner acceptable to theACCEPTANCE NOT SIGNED AS OF City Engineer, and in conformance withJANUARY 8, 1996 construction improvement plans approved byCouncil Member Voetberg moved adoption of the City Engineer, and Engineer, and inspectedthe Resolution. Seconded by Council Member by the City Engineer;Robbins. Carried by the following vote: b.To install sanitary sewer mains and sewerYeas—Mayor Duggan, Council Members service laterals into each individual lot, waterKluesner, Krieg, Nicholson, Robbins, Voetberg. mains and water service laterals with eachNays—None. Absent—Council Member Nagle. individual lot, storm sewers and catch basins, boulevard street lighting and erosion controlCity Manager recommending approval of devices all in accordance with the City ofrequest from James Mullen to annex property to Dubuque standard specifications, all in athe City, presented and read. Council Member manner acceptable to the City Engineer, and inVoetberg moved that the communication be accordance with construction improvementreceived and filed. Seconded by Council Member plans approved by the City Engineer, andNagle. Carried by the following vote: inspected by the City Engineer;Yeas—Mayor Duggan, Council Members c.To construct said improvements, prior to twoKluesner, Krieg, Nagle, Nicholson, Robbins, (2) year(s) from the date of acceptance of thisVoetberg. Nays—None. resolution, at the sole expense of the owners, or future owners; RESOLUTION NO. 218-95 d.To maintain the public improvements, for aRESOLUTION ANNEXING CERTAIN period of two (2) years from the date of theREAL ESTATE TO THE CITY OF acceptance of those improvements by the City DUBUQUE, IOWA. of Dubuque, Iowa at the sole expense of theWhereas, James Mullen, as owner of an area owners, or future owners.2.11 acres in size lying immediately adjacent to the And further provided that said Al Gudenkauf,City of Dubuque, Iowa, has voluntarily petitioned as owner of said property, shall secure thefor annexation of said territory to the City of performance of the foregoing conditions providedDubuque, as shown on the attached Exhibit A; and in this Section by providing guarantees in suchWhereas, Chapter 368 of the Code of Iowa form and with such sureties as may be acceptableauthorizes the extension of City limits in situations to the City Manager of the City of Dubuque, Iowa.of this character by the adoption of a resolution; Section 3. Sidewalk installation shall be theand responsibility of the owner of theWhereas, the future growth and development of property abutting the public right-of-way, asthe City of Dubuque, Iowa, make it desirable that required by City Code 41-161 through 41-164.said territory be made part of the City of Dubuque, The responsibility shall extend to all successors,Iowa. heirs and assignees. Sidewalk installation will notNOW THEREFORE, BE IT RESOLVED BY be required until the development of the lot hasTHE CITY COUNCIL OF THE CITY OF been completed, except as required herein. InDUBUQUE, IOWA: sparsely developed subdivisions, sidewalks onSection 1. That the territorial limits of the City developed lots will not be required until 50% ofof Dubuque, Iowa, be and they are hereby the lots approved by the plat have been developed.extended to include the area comprising the All vacant lots shall have sidewalks installed uponfollowing described real estate, to wit: That part of development of 80% of the lots approved by theLot 3 of J. George Subdivision lying south of the plat. Section 4. That final acceptance of allNW 1/4 of the SE 1/4 of Section 34, T89N, R2E public improvements shall occur upon acceptanceof the 5th P.M., in the County of Dubuque, Iowa. by the City Council that public improvements haveSection 2. That the territory hereby annexed been completed in accordance with theshall become a part of the First Ward, Third improvement plans and City standardPrecinct of the City of Dubuque, Iowa. specifications.Section 3. That the City Clerk shall file this Resolution and attached Exhibit A with the Regular Session, June 19, 199511 Dubuque County Recorder, the Iowa Departmentidentified projects and shall not exceed the amount of Transportation and the Secretary of State.noted below. Passed, approved and adopted this 19th day ofArea Residential Care - Building Modifications June, 1995.$ 3,888 Terrance M. Duggan, MayorHillcrest Family Services - Youth Attest:Empowerment Day Services Program $45,000 Mary A. Davis, City ClerkWashington Neighborhood $10,000 Council Member Voetberg moved adoption ofHills and Dales - Removal of Architectural the Resolution. Seconded by Council MemberBarriers $12,662 Nagle. Carried by the following vote:Habitat for Humanity - Site Acquisition Yeas—Mayor Duggan, Council Members$13,300 Kluesner, Krieg, Nagle, Nicholson, Robbins,Dubuque Museum of Art - Elevator $40,150 Voetberg. Nays—None.Section 2. That the City Manager be and is hereby authorized to develop and execute contracts Council Member Nicholson requesting a jointwith representatives from the aforementioned meeting regarding the condition of the ditch in theorganizations in accordance with the program Sageville Drainage District, upon discussionguidelines established for the Community Mayor is directed to call a joint meeting. Partnership Program and the Community Development Block Grant Program. REFERRED FROM MEETINGSection 3. That upon execution of said OF MAY 1, 1995contracts, the City Manager is hereby authorized City Manager responding to request from Coltsand directed to disburse program funds in support Drum & Bugle Corps regarding parking for theirof the approved project and in accordance with the events to be held at Senior High School property,terms and conditions established in said contracts. presented and read. Council Member VoetbergPassed, approved and adopted this 19th day of moved that the matter be received and filed andJune, 1995. adopt the City Manager's recommendation andTerrance M. Duggan, Mayor tabled until Ordinance can be properly prepared. Attest: Seconded by Council Member Nicholson. CarriedMary A. Davis, City Clerk by the following vote: Yeas—Mayor Duggan,Council Member Nagle moved adoption of the Council Members Kluesner, Krieg, Nagle,Resolution. Seconded by Council Member Nicholson, Robbins, Voetberg. Nays—None.Kluesner. Carried by the following vote: Yeas—Mayor Duggan, Council Members City Manager recommending approval ofKluesner, Krieg, Nagle, Nicholson, Robbins, applications received for cp2 funding in amountVoetberg. Nays—None. total $125,000, presented and read. CouncilRESOLUTION NO. 220-95 Member Nagle moved that the communication beNOW, THEREFORE, BE IT RESOLVED BY received and filed. Seconded by Council MemberTHE CITY COUNCIL OF THE CITY OF Kluesner. Carried by the following vote:DUBUQUE, IOWA: Yeas—Mayor Duggan, Council MembersThat the following having complied with the Kluesner, Krieg, Nagle, Nicholson, Robbins,provisions of law relating to the sale Voetberg. Nays—None.of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette RESOLUTION NO. 219-95Papers within said City. Aragon TapAragon Tap Inc. RESOLUTION AUTHORIZING THE 1103 Iowa St AWARD OF COMMUNITY PARTNERSHIP PROGRAM (CP2) FUNDS Butter's BarMichael J. Sawvell Whereas, under the provisions of Title 1 of the1700 Central Ave Housing and Community Development Act ofCentral TapCentral Tap Inc. 1974, as amended, the City of Dubuque has1046 Central Ave received Community Development Block GrantThe ClubhouseWayne J. Kramer (CDBG) funds for the development and2364 Washington St maintenance of a viable urban community to theCordial ClubMike Demmer provision of decent housing, a suitable living1445 Central Ave environment, and expanded economicEconofoods # 471Nash Finch Comp. opportunities for its residents, particularly those3355 JFK Cir. persons of low and moderate income; andHoliday InnKinseth Hotel Corp. Whereas, the Community Partnership Program450 Main St (cp2) was developed in response to the nationalIowa Potato & Produce Hs. goals and objectives of the CDBG Program; andIowa Potato & Produce Hs.2600 Dodge St Whereas, amended guidelines for theKwik Stop Food MartRainbo Oil Co. implementation and administration of the2297 University Ave Community Partnership Program (cp2) were " " " " 2255 Kerper Blvd approved by the City Council and by Resolution " " " " 2360 Central Ave #259-92, on July 20, 1992. " " " "2320 Hwy 61 NOW, THEREFORE, BE IT RESOLVED BYKopples MartThomas Kraus THE CITY COUNCIL OF THE CITY OF1098 University Ave DUBUQUE, IOWA:The LoungePhillip Love Section 1. That the City Council hereby awards481 Locust St Community Partnership Program (cp2) monies toMartin's AutomagicPride Service the following organizations. The award shall2175 Central Ave consist of a grant to the organization for theMartin Oil of DubuquePride Service 280 Locust St Regular Session, June 19, 1995 12 Oky Doky Foods #14Kristina L. ChapmanMyCap1701 Asbury Rd 1050 University AvePassed, approved and adopted this 19th day of Oky Doky Foods #15Jena Inc.June, 1995. 1101 Rhomberg AveTerrance M. Duggan, Mayor Pasta O'Sheas Restr.Kahn Family Enterp.Attest: 395 W. 9th StMary A. Davis, City Clerk Silver Dollar CantinaM M & HCouncil Member Nicholson moved adoption of 342 Main Stthe Resolution. Seconded by Council Member Tott's TapCarol Meyers/Lisa TottNagle. Carried by the following vote: 3457 JacksonYeas—Mayor Duggan, Council Members White House TapDavid HoffmanKluesner, Krieg, Nagle, Nicholson, Robbins, 450 W. Locust StVoetberg. Nays—None. Whitey's Bar -XLeroy Miller 2616 Windsor AveRESOLUTION NO. 221-95 Windsor TapG & J's Inc.Whereas, applications for Beer Permits have 2401 Windsor Avebeen submitted and filed to this Council for A & B TapKim Brestrupapproval and the same have been examined and My-Cap2600 Central Aveapproved; and American LegionDubuque Post #6Whereas, the premises to be occupied by such MyCap1305 Delhiapplicants were inspected and found to comply B'ZBea Bauerwith the Ordinances of this City and have filed MyCap431 Rhomberg Aveproper bonds. Billy Bucks East St TapBilly Buck's Inc.NOW, THEREFORE, BE IT RESOLVED BY MyCap521 E. 22nd StTHE CITY COUNCIL OF THE CITY OF Corner PocketHey Joe, Inc.DUBUQUE, IOWA: MyCap2095 Kerper BlvdThat the Manager be authorized to cause to be Corner TapPat Broesselissued the following named applicants a Beer MyCap2093 Washington StPermit. Diamond Jo CasinoGDRECCLASS "B" BEER PERMIT MyCap3rd St & Ice HarborProspect Pizza LtdPizza Hut Denny's Lux ClubBeverly Larson+(Sunday Sales)320 E. 20th ST MyCap3050 Asbury RdCLASS "C" BEER PERMIT DiggersJJD IncSandra MichelMilkhouse on Grandview MyCap600 Iowa St+(Sunday Sales)620 N. Grandview Dog House LoungeRobert LeytemJena Inc.Oky Doky # 15 MyCap1646 Asbury Rd+(Sunday Sales)1101 Rhomberg Ave Dubuque Mining Com.Apartments LTDCLASS "BE" BEER PERMIT MyCap555 JFK-Kennedy MallHy-Vee Stores, IncHy-Vee Store Fraternal Order of Eagle#568 FOE+(Sunday Sales)3500 Dodge St MyCap1175 Century DrPassed, approved and adopted this 19th day of Fat Tuesday'sPerron Enterp.June, 1995 MyCap1121 University AveTerrance M. Duggan, Mayor Grand TapJames P. KohlAttest: MyCap802 Central AveMary A Davis, City Clerk Ground RoundGround Round Inc.Council Member Nicholson moved adoption of MyCap50 JFK Rdthe Resolution. Seconded by Council Member Idle HourJeannine KerschNagle. Carried by the following vote: MyCap1555 Central AveYeas—Mayor Duggan, Council Members King of ClubsSheryl HessKluesner, Krieg, Nagle, Nicholson, Robbins, MyCap1902 Central AveVoetberg. Nays—None. Lucky "13"David Erickson MyCap385 E. 13th StRESOLUTION NO. 222-95 Mario's Italian Restr.Angelina BertoliniWhereas, applications for Liquor Licenses have MyCap1298 Main Stbeen submitted to this Council for Midway HotelWBC Hotels, Inc.approval and the same have been examined and MyCap3100 Dodge Stapproved; and Mike's Ten Pin TapMike WeberWhereas, the premises to be occupied by such MyCap601 Rhomberg Aveapplicants were inspected and found to Myers-CoxMyers-Cox Co.comply with the State Laws and all City MyCap175 W. 32nd StOrdinances relevant thereto and they have filed Noonan's TapMary Lou Kampproper bonds. MyCap1618 Central AveNOW, THEREFORE, BE IT RESOLVED BY P.J.'s TavernPeggy SchallerTHE CITY COUNCIL OF THE CITY OF MyCap500 Rhomberg AveDUBUQUE, IOWA: Park Square TavernGerald KressigThat the Manager be authorized to cause to be MyCap600 Central Aveissued the following named applicants Paul's TavernThomas Kocha Liquor License. MyCap176 Locust StCLASS "C" (COMMERCIAL) BEER Rasch's Wheel HousePaul F. RaschAND LIQUOR LICENSE MyCap1630 E. 16th StAmerican Legion Post # 6American Legion River City Tap & GrillDavid LyonsPost #6+(Sunday Sales)1306 Delhi MyCap1406 Pine StMichael John SawvellButter's Bar West Dubuque TapDonna Ginter1700 Central Ave Regular Session, June 19, 199513 Carolyn K FonckChannel Innby Council Member Nagle. Carried by the 2010 Kerper Bvldfollowing vote: Yeas—Mayor Duggan, Council Michael DemmerCordial ClubMembers Kluesner, Krieg, Nagle, Nicholson, +(Sunday Sales)1445 Central AveRobbins, Voetberg. Nays—None. James FerringDubuque Bowling Lanes 1029 ½ Main StAn Ordinance Amending Ordinances No. 31- Plastic Center, Inc.Fischer Bowling Lanes92 and No. 59-93 which adopted the PC Planned +(Sunday Sales)880 Locust StCommercial District for Wal-Mart Stores, Inc. and House of China Com.House of Chinaestablished sign regulations for that Planned +(Sunday Sales)170 JFK RdCommercial District, presented and read. Council Thomas M. KochPaul's TavernMember Kluesner moved that the requirement that +(Sunday Sales)176 Locust Sta proposed Ordinance be considered and voted on Peggy A SchallerP.J.'s Tapfor passage at two Council Meetings prior to the +(Sunday Sales) 500 Rhomberg Avemeeting at which it is to be finally passed be Riverside Bowl Inc.Riverside Bowl, Incsuspended. Seconded by Council Member Nagle. +(Sunday Sales)1860 HawthorneCarried by the following vote: Yeas—Mayor Passed, approved and adopted this 19th day ofDuggan, Council Members Kluesner, Krieg, June, 1995.Nagle, Nicholson, Robbins, Voetberg. Terrance M. Duggan, MayorNays—None. Attest:Council Member Kluesner moved that a Public Mary A. Davis, City ClerkHearing be held on the proposed Ordinance on the Council Member Nicholson moved adoption of3rd day of July, 1995, at 7:00 o'clock p.m. at the the Resolution. Seconded by Council MemberPublic Library Auditorium and that the City Clerk Nagle. Carried by the following vote:be directed to publish notice in the manner Yeas—Mayor Duggan, Council Membersprescribed by law. Seconded by Council Member Kluesner, Krieg, Nagle, Nicholson, Robbins,Nagle. Carried by the following vote: Voetberg. Nays—None.Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Zoning Commission advising of their approvalVoetberg. Nays—None. to amend Conceptual Development Plan for property located East of existing end of RavenZoning Commission advising of their approval Oaks Drive as requested by Jeff Noack, andof Text Amendment to Zoning Ordinance by Zoning Commission requesting Streetamending the MHI Modified Heavy Industrial Improvements be done on Raven Oaks DriveDistrict to allow grain/barge terminals as a during FY'97-2001 CIP and recommendingconditional use, presented and read. Council installation of stop signs at future crosswalk forMember Voetberg moved that the communication pathway to Eisenhower School, presented andbe received and filed. Seconded by Council read. Council Member Kluesner moved that theMember Nagle. Carried by the following vote: communications be received and filed. SecondedYeas—Mayor Duggan, Council Members by Council Member Nagle. Carried by theKluesner, Krieg, Nagle, Nicholson, Robbins, following vote: Yeas—Mayor Duggan, CouncilVoetberg. Nays—None. Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None.An Ordinance Amending Zoning Ordinance by An Ordinance Amending Zoning Map byadding a new Section 3-4.4(D)(2) to allow amending the Conceptual Development Plan forGrain/Barge Terminal as a conditional use in the property located at the East end of Raven OaksMHI Modified Heavy Industrial District, presented Drive located in a PR Planned Residential District,and read. Council Member Kluesner moved that presented and read. Council Member Kluesnerthe requirement that a proposed Ordinance be moved that the requirement that a proposedconsidered and voted on for passage at two Ordinance be considered and voted on for passageCouncil Meetings prior to the meeting at which it at two Council Meetings prior to the meeting atis to be finally passed be suspended. Seconded by which it is to be finally passed be suspended.Council Member Nagle. Carried by the following Seconded by Council Member Nagle. Carried byvote: Yeas—Mayor Duggan, Council Members the following vote: Yeas—Mayor Duggan,Kluesner, Krieg, Nagle, Nicholson, Robbins, Council Members Kluesner, Krieg, Nagle,Voetberg. Nays—None. Council Member Nicholson, Robbins, Voetberg. Nays—None.Kluesner moved that a Public Hearing be held on Council Member Kluesner moved that a Publicthe proposed Ordinance on the 3rd day of July, Hearing be held on the proposed Ordinance on the1995, at 7:00 o'clock p.m. at the Public Library 3rd day of July, 1995, at 7:00 o'clock p.m. at theAuditorium and that the City Clerk be directed to Public Library Auditorium and that the City Clerkpublish notice in the manner prescribed by law. be directed to publish notice in the mannerSeconded by Council Member Robbins. Carried prescribed by law. Seconded by Council Memberby the following vote: Yeas—Mayor Duggan, Voetberg. Carried by the following vote:Council Members Kluesner, Krieg, Nagle, Yeas—Mayor Duggan, Council MembersNicholson, Robbins, Voetberg. Nays—None. Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None.Zoning Commission advising of their approval of Text Amendment to Zoning Ordinance to create Zoning Commission advising of their approvalthe Fourth Street Peninsula ROD Redevelopment to amend the PC Planned Commercial District forOverlay District, presented and read. Council freestanding identification signs at 4200 DodgeMember Voetberg moved that the communication Street (Wal-Mart site), presented and read.be received and filed. Seconded by Council Council Member Kluesner moved that theMember Nagle. Carried by the following vote: communication be received and filed. SecondedYeas—Mayor Duggan, Council Members Regular Session, June 19, 1995 14 Kluesner, Krieg, Nagle, Nicholson, Robbins, An Ordinance Amending Zoning Map by Voetberg. Nays—None.reclassifying property to the Fourth Street Peninsula ROD Redevelopment Overlay District, An Ordinance Amending the Zoning Ordinancepresented and read. Council Member Voetberg by amending Section 2-1 by including "RODmoved that the requirement that a proposed Fourth Street Peninsula Redevelopment OverlayOrdinance be considered and voted on for passage District" under special purpose districts in Sectionat two Council Meetings prior to the meeting at 2-1 establishment of districts; and by adopting awhich it is to be finally passed be suspended. new Section 3-5.5 Fourth Street Peninsula RODSeconded by Council Member Nagle. Carried by Redevelopment Overlay District, presented andthe following vote: Yeas—Mayor Duggan, read. Council Member Voetberg moved that theCouncil Members Kluesner, Krieg, Nagle, requirement that a proposed Ordinance beNicholson, Robbins, Voetberg. Nays—None. considered and voted on for passage at twoCouncil Member Voetberg moved that a Public Council Meetings prior to the meeting at which itHearing be held on the proposed Ordinance on the is to be finally passed be suspended. Seconded by3rd day of July, 1995, at 7:00 o'clock p.m. at the Council Member Nagle. Carried by the followingPublic Library Auditorium and that the City Clerk vote: Yeas—Mayor Duggan, Council Membersbe directed to publish notice in the manner Kluesner, Krieg, Nagle, Nicholson, Robbins,prescribed by law. Seconded by Council Member Voetberg. Nays—None. Council MemberNagle. Carried by the following vote: Voetberg moved that a Public Hearing be held onYeas—Mayor Duggan, Council Members the proposed Ordinance on the 3rd day of July,Kluesner, Krieg, Nagle, Nicholson, Robbins, 1995, at 7:00 o'clock p.m. at the Public LibraryVoetberg. Nays—None. Auditorium and that the City Clerk be directed to publish notice in the manner prescribed by law. City Manager recommending to conduct a Seconded by Council Member Nagle. Carried bypublic hearing to dispose of property located at the following vote: Yeas—Mayor Duggan,16th & Kerper Blvd., presented and read. Council Council Members Kluesner, Krieg, Nagle,Member Kluesner moved that the communication Nicholson, Robbins, Voetberg. Nays—None.be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Zoning Commission advising of their approvalYeas—Mayor Duggan, Council Members to rezone property in 4th St. Peninsula IndustrialKluesner, Krieg, Nagle, Nicholson, Robbins, Area from HI to MHI District, presented and read.Voetberg. Nays—None. Council Member Voetberg moved that the communication be received and filed. Seconded RESOLUTION NO. 223-95 by Council Member Nagle. Carried by the RESOLUTION OF INTENT TO DISPOSE following vote: Yeas—Mayor Duggan, CouncilOF INTEREST IN REAL PROPERTY AT Members Kluesner, Krieg, Nagle, Nicholson,THE NORTHWEST CORNER OF EAST Robbins, Voetberg. Nays—None. 16TH STREET AND KERPER BOULEVARD BY THE CITY OF An Ordinance Amending Zoning Map byDUBUQUE, IOWA reclassifying property located in 4th St. PeninsulaWhereas, The City of Dubuque is the owner of Industrial Area from HI Heavy Industrial Districtor has an interest in the real property known as Lot to MHI Modified Heavy Industrial District,1 Riverfront Subdivision No. 4, and presented and read. Council Member VoetbergWhereas, pursuant to Resolution No. 159-95, moved that the requirement that a proposedthe City Council approved the competitive criteria, Ordinance be considered and voted on for passageoffering documents and procedures for disposition at two Council Meetings prior to the meeting atof City property located at East Sixteenth Street which it is to be finally passed be suspended.and Kerper Boulevard and solicited proposals for Seconded by Council Member Nagle. Carried bythe site, and the following vote: Yeas—Mayor Duggan,Whereas, requests for proposals were received Council Members Kluesner, Krieg, Nagle,and bids were opened on June 15, 1995, for Nicholson, Robbins, Voetberg. Nays—None.disposal and development of aforementioned Council Member Voetberg moved that a Publicproperty. Hearing be held on the proposed Ordinance on theNOW, THEREFORE, BE IT RESOLVED BY 3rd day of July, 1995, at 7:00 o'clock p.m. at theTHE CITY COUNCIL OF THE CITY OF Public Library Auditorium and that the City ClerkDUBUQUE, IOWA: be directed to publish notice in the mannerSection 1. The City of Dubuque, Iowa, intends prescribed by law. Seconded by Council Memberto dispose of its interest in the foregoing described Nagle. Carried by the following vote:real property to Phillip Ruppel in the amount of Yeas—Mayor Duggan, Council Members$247,500.00. Kluesner, Krieg, Nagle, Nicholson, Robbins,Section 2. The City Clerk be and is hereby Voetberg. Nays—None.authorized and directed to cause a notice to be published, as prescribed by Iowa Code Section Zoning Commission advising of their approval364.7, of the date, time, and place of public to rezone property in 4th St. Peninsula Industrialhearing of its interest in the foregoing described Area to the Fourth Street Peninsula RODreal estate, which hearing shall be on the 17th day Redevelopment Overlay District, presented andof July, 1995, at 7:00 p.m. at the Carnegie Stout read. Council Member Voetberg moved that thePublic Library Auditorium, 11th & Bluff Sts., communication be received and filed. SecondedDubuque, Iowa. by Council Member Nagle. Carried by thePassed, approved and adopted this 19th day of following vote: Yeas—Mayor Duggan, CouncilJune, 1995. Members Kluesner, Krieg, Nagle, Nicholson,Terrance M. Duggan, Mayor Robbins, Voetberg. Nays—None.Attest: Regular Session, June 19, 199515 Mary A. Davis, City ClerkTerrance M. Duggan, Mayor Council Member Kluesner moved adoption ofAttest: the Resolution and setting the Hearing for July 17,Mary A. Davis, City Clerk 1995 at 7:00 p.m. in the Public LibraryCouncil Member Voetberg moved adoption of Auditorium and that the City Clerk publish noticethe Resolution. Seconded by Council Member in the manner prescribed by law. Seconded byNagle. Carried by the following vote: Council Member Nagle. Carried by the followingYeas—Mayor Duggan, Council Members vote: Yeas—Mayor Duggan, Council MembersKluesner, Krieg, Nagle, Nicholson, Robbins, Kluesner, Krieg, Nagle, Nicholson, Robbins,Voetberg. Nays—None. Voetberg. Nays—None. City Manager submitting documents providing RESOLUTION NO. 226-95 for bidding procedures for construction of WilburORDERING BIDS Street Retaining Wall, presented and read.NOW THEREFORE, BE IT RESOLVED BY Council Member Voetberg moved that theTHE COUNCIL OF THE CITY OF DUBUQUE, communication be received and filed. SecondedIOWA: by Council Member Nagle. Carried by theThat the Wilbur Street Retaining Wall is following vote: Yeas—Mayor Duggan, Councilhereby ordered to be advertised for bids for Members Kluesner, Krieg, Nagle, Nicholson,construction. Robbins, Voetberg. Nays—None.BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall RESOLUTION NO. 224-95be in an amount which shall conform to the provisions of the notice to bidders hereby approved PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONSas a part of the plans and specifications heretofore NOW THEREFORE, BE IT RESOLVED BYadopted. THE CITY COUNCIL OF THE CITY OFThat the City Clerk is hereby directed to DUBUQUE, IOWA:advertise for bids for the construction of the That the proposed plans, specifications, form ofimprovements herein provided, to be published in contract and estimated cost for the Wilbur Streeta newspaper having general circulation in the City Retaining Wall, in the estimated amount ofof Dubuque, Iowa, which notice shall not be less $48,623.44, are hereby approved and ordered filedthan four days nor more than twenty days prior to in the office of the City Clerk for public inspection.the receipt of said bids at 2:00 p.m. on the 27th Passed, adopted and approved this 19th day ofday of June, 1995. Bids shall be opened and read June, 1995.by the City Clerk at said time and will be Terrance M. Duggan, Mayorsubmitted to the Council for final action at 7:00 Attest:p.m. on the 3rd day of July, 1995. Mary A. Davis, City ClerkPassed, adopted and approved this 19th day of Council Member Voetberg moved adoption ofJune, 1995. the Resolution. Seconded by Council MemberTerrance M. Duggan, Mayor Nagle. Carried by the following vote:Attest: Yeas—Mayor Duggan, Council MembersMary A. Davis, City Clerk Kluesner, Krieg, Nagle, Nicholson, Robbins,Council Member Voetberg moved adoption of Voetberg. Nays—None.the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members RESOLUTION NO. 225-95 Kluesner, Krieg, Nagle, Nicholson, Voetberg. FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONSNays—None. Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approvalThere being no further business, Council on the proposed plans, specifications, and form ofMember Nagle moved to adjourn. Seconded by contract and placed same on file in the office of theCouncil Member Nicholson. Carried by the City Clerk for public inspection of the Wilburfollowing vote: Yeas—Mayor Duggan, Council Street Retaining Wall.Members Kluesner, Krieg, Nagle, Nicholson, NOW THEREFORE, BE IT RESOLVED BYRobbins, Voetberg. Nays—None. Meeting THE CITY COUNCIL OF THE CITY OFadjourned at 9:27 p.m. DUBUQUE, IOWA: That on the 3rd day of July, 1995 a publicMary A. Davis CMC hearing will be held at 7:00 p.m. in the PublicCity Clerk Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 19th day of June, 1995. Regular Session, June 19, 1995 16 Approved _____________________, 1996. Adopted_______________________, 1996. ____________________________________ Mayor ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ Council Members Attest: ____________________________________ City Clerk Special Session, June 26, 19951 DUBUQUE Approved ______________________, 1996. CITY COUNCIL Adopted _______________________, 1996. OFFICIAL ____________________________________ PROCEEDINGSMayor ____________________________________ Special Session, Monday, June 26, 1995 Council met at 6:00 P.M. Public Library ____________________________________ Auditorium Present-Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg, ____________________________________ City Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl. ____________________________________ Absent-Council Member Nagle. Council reviewed surveys completed for the ____________________________________ following Boards and/or Commissions: Building Code Advisory and Appeals, Electrical Code Board, Mechanical Code Board, Plumbing Code ____________________________________ Board, Cable Regulatory Commission, Council Members Community Teleprogramming Advisory Commission. Direction was agreed upon for Attest: various forthcoming Ordinance revisions. ____________________________________ Following the reviews, the City Manager City Clerk submitted a communication requesting direction regarding interest in being selected one of six pilot sites for a Real Estate Improvement District in the State of Iowa. Council Member Voetberg moved to receive and file the communication and instruct Staff to write the letter for the Mayor's signature, expressing the opportunity to be considered as a pilot site. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Nagle. There being no further business, Council Member Voetberg moved to adjourn. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Nagle. Meeting adjourned at 7:29 P.M. Mary A. Davis CMC City Clerk