1995 July Council Proceedings2
Regular Session, July 3, 1995
claims and suits be referred to the Legal Staff for
investigation and report. Seconded by Council
DUBUQUE
Member Nicholson. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
CITY COUNCIL
Voetberg. Nays—None.
Corporation Counsel advising the following
OFFICIAL
claims have been referred to Crawford &
Company, the agent for the Iowa Communities
PROCEEDINGS
Assurance Pool: Personal injury of Melody M.
Dillon, Car damage of Clyde T. Schrodt, Personal
injury and property damage of Diane TeKippe,
presented and read. Council Member Nagle
City Council, Regular Session, July 3, 1995
Council Met at 7:00 p.m., Public Librarymoved that the communication be received and
Auditoriumfiled. Seconded by Council Member Nicholson.
Carried by the following vote: Yeas—Mayor
Present: Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,Duggan, Council Members Kluesner, Krieg,
Voetberg, City Manager Michael Van Milligen,Nagle, Nicholson, Robbins, Voetberg.
Nays—None.
Corporation Counsel Barry A. Lindahl.
Mayor Duggan read the call and stated this isCorporation Counsel recommending denial of
the Regular Session of the City Council called forcar damage claim of Lou Mae English, presented
and read. Council Member Nagle moved that the
the purpose to act upon such business which may
communication be received and filed and approved
properly come before the Council.
denial. Seconded by Council Member Nicholson.
Invocation was given by Sr. Jeanne Wickham,Carried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
OSF, Chaplain, Mercy Hospital.
Nagle, Nicholson, Robbins, Voetberg.
PROCLAMATION: July 7, 8 and 9, 1995 asNays—None.
"Vietnam Veterans' Days" received by Charlie
Corporation Counsel recommending
Brimeyer.
settlements of following claims: car damage of
MINUTES SUBMITTED — AirportRosalyn M. Langkamp in amount of $527.64; Car
damage of Kevin Hoffman in the amount $389.10,
Commission of 5-9; Cable Community
presented and read. Council Member Nagle
Teleprogramming Commission of 6-27; Cable TV
Regulatory Commission of 6-14; Housing Codemoved that the communications be received and
Appeals Board of 3-21; Housing Commission of 6-filed and approved with Finance Director to issue
proper checks. Seconded by Council Member
13; Human Rights Commission of 5-8; Long
Nicholson. Carried by the following vote:
Range Planning Commission of 6-21; Park &
Recreation Commission of 6-13; Zoning Board ofYeas—Mayor Duggan, Council Members
Adjustment of 6-22, presented and read. CouncilKluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
Member Nagle moved that the minutes be received
and filed. Seconded by Council Member
Nicholson. Carried by the following vote:Arnold Honkamp submitting his resignation as
a member of the Airport Commission effective
Yeas—Mayor Duggan, Council Members
June 30, 1995, presented and read. Council
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.Member Nagle moved the communication be
received and filed and accepted with regret.
Seconded by Council Member Nicholson. Carried
Printed Council Proceedings for the months of
by the following vote: Yeas—Mayor Duggan,
May, June and July, 1994 for Council approval,
presented and read. Council Member NagleCouncil Members Kluesner, Krieg, Nagle,
moved that the proceedings be approved as printed.Nicholson, Robbins, Voetberg. Nays—None.
Seconded by Council Member Nicholson. Carried
by the following vote: Yeas—Mayor Duggan,Catherine Boardman requesting a yield sign be
Council Members Kluesner, Krieg, Nagle,placed at corner of Oak & Burns Streets, presented
and read. Council Member Nagle moved that the
Nicholson, Robbins, Voetberg. Nays—None.
matter be referred to the City Manager for
NOTICES OF CLAIMS/SUITS — Doloresinvestigation and report. Seconded by Council
Reynolds in unknown amount for personal injuriesMember Nicholson. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
and damages sustained; B. J. Realty and Computer
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Doctors, Inc. in unknown amount for property
damages; Dubuque Professional FirefightersVoetberg. Nays—None.
Association Local #353 submitting "Petition for
Susan O'Brien advising of no objections to Dan
Judicial Review"; Dubuque Policemen's Protective
Regan purchasing portion of city alley bordering
Association submitting "Prohibited Practice
Complaint" against the City of Dubuque; Dubuque1552 University Avenue, presented and read.
Council Member Nagle moved that the
Professional Firefighters' Association, Local 353
communication be received and filed. Seconded
submitting "Prohibited Practice Complaint"
against the City of Dubuque; Kelly Soley inby Council Member Nicholson. Carried by the
amount of $99.53 for vehicle damages, presentedfollowing vote: Yeas—Mayor Duggan, Council
and read. Council Member Nagle moved that the
Regular Session, July 3, 19953
Members Kluesner, Krieg, Nagle, Nicholson,accordance with State Statues from funds in the
Robbins, Voetberg. Nays—None.Water Departments FY ‘95 CIP Budget.
Passed, approved and adopted this 3rd day of
Lyle Whalen requesting to purchase Lots 2AJuly, 1995..
and 2B Dubuque Harbor Company's AdditionTerrance M. Duggan, Mayor
located on South Main Street, presented and read.Attest:
Council Member Nagle moved that theMary A. Davis, City Clerk
communication be received and filed and matterCouncil Member Nagle moved adoption of the
referred to the City Manager and Staff. SecondedResolution. Seconded by Council Member
by Council Member Nicholson. Carried by theNicholson. Carried by the following vote:
following vote: Yeas—Mayor Duggan, CouncilYeas—Mayor Duggan, Council Members
Members Kluesner, Krieg, Nagle, Nicholson,Kluesner, Krieg, Nagle, Nicholson, Robbins,
Robbins, Voetberg. Nays—None.Voetberg. Nays—None.
Dubuque Symphony Orchestra requestingCity Manager recommending acceptance of
permission to hold fireworks display on SeptemberFourth Pressure Zone Pump Station project,
3, 1995 at the Ice Harbor, presented and read.presented and read. Council Member Nagle
Council Member Nagle moved that the request bemoved that the communication be received and
approved, subject to implementation of the Cityfiled. Seconded by Council Member Nicholson.
Manager. Seconded by Council MemberCarried by the following vote: Yeas—Mayor
Nicholson. Carried by the following vote:Duggan, Council Members Kluesner, Krieg,
Yeas—Mayor Duggan, Council MembersNagle, Nicholson, Robbins, Voetberg.
Kluesner, Krieg, Nagle, Nicholson, Robbins,Nays—None.
Voetberg. Nays—None.
RESOLUTION NO. 229-95
City Manager recommending acceptance ofACCEPTING IMPROVEMENT
Water Plant Electrical Service/Motor Improvement Whereas, the Contract for the Fourth Pressure
(Phase II Pump Room) project, presented and read.Zone Pump Station has been completed and the
Council Member Nagle moved that theCity’s Consultant Fox Engineering of Ames, Iowa
communication be received and filed. Secondedhas recommended acceptance of the project.
by Council Member Nicholson. Carried by the Now THEREFORE, BE IT RESOLVED BY
following vote: Yeas—Mayor Duggan, CouncilTHE CITY COUNCIL OF THE CITY OF
Members Kluesner, Krieg, Nagle, Nicholson,DUBUQUE, IOWA:
Robbins, Voetberg. Nays—None.Section 1. That the recommendation of the
City Manager be approved and that said
RESOLUTION NO. 227-95improvement be accepted.
ACCEPTING IMPROVEMENTPassed, approved and adopted this 3rd day of
Whereas, the Contract for the Eagle PointJuly, 1995.
Water Plant Electrical/Motor Improvement ProjectTerrance M. Duggan, Mayor
has been completed and the City’s Consultant FoxAttest:
Engineering of Ames, Iowa, recommendedMary A. Davis, City Clerk
acceptance of the project.Council Member Nagle moved adoption of the
NOW, THEREFORE, BE IT RESOLVED BYResolution. Seconded by Council Member
THE CITY COUNCIL OF THE CITY OFNicholson. Carried by the following vote:
DUBUQUE, IOWA:Yeas—Mayor Duggan, Council Members
Section 1. That the recommendation of theKluesner, Krieg, Nagle, Nicholson, Robbins,
City Manager be approved and that saidVoetberg. Nays—None.
improvement be accepted..
Passed, approved and adopted this 3rd day of
RESOLUTION NO. 230-95
July, 1995.FINAL ESTIMATE
Terrace M. Duggan, MayorWhereas, the contract for the building and
Attest:installation of owner provided equipment at our
Mary A. Davis, City ClerkAsbury Water Tank Site has been completed and
Council Member Nagle moved adoption of thethe City has submitted the final estimate showing
Resolution. Seconded by Council Memberthe cost thereof.
Nicholson. Carried by the following vote:NOW THEREFORE, BE IT RESOLVED BY
Yeas—Mayor Duggan, Council MembersTHE CITY COUNCIL OF THE CITY OF
Kluesner, Krieg, Nagle, Nicholson, Robbins,DUBUQUE, IOWA:
Voetberg. Nays—None.Section 1. That the cost of said improvement is
hereby determined to be $180,723.00.
RESOLUTION NO. 228 -95Section 2. That the final payment of
FINAL ESTIMATE$15,599.40 be paid to Westphal Construction in
Whereas, the contract for the Eagle Point Wateraccordance with State Statues from funds in the
Plant Electrical Service/Motor Improvements haveWater Departments FY ‘95 CIP Budget.
been completed and the City has submitted thePassed, approved and adopted this 3rd day of
final estimate showing the cost thereof.July, 1995..
NOW THEREFORE, BE IT RESOLVED BYTerrance M. Duggan, Mayor
THE CITY COUNCIL OF THE CITY OFAttest:
DUBUQUE, IOWA:Mary A. Davis, City Clerk
Section 1. That the cost of said improvementCouncil Member Nagle moved adoption of the
is hereby determined to be $1,077,004.00.Resolution. Seconded by Council Member
Section 2. That the final payment ofNicholson. Carried by the following vote:
$29,129.00 be paid to Gridor Construction inYeas—Mayor Duggan, Council Members
4
Regular Session, July 3, 1995
Kluesner, Krieg, Nagle, Nicholson, Robbins,Proof of Publication certified to by the
Voetberg. Nays—None.Publisher on Notice of Public Hearing to consider
an Ordinance amending Conceptual Development
City Manager recommending acceptance ofPlan for property located at the East end of Raven
Painting of Pennsylvania Ave. Water TowerOaks Drive, presented and read. Council Member
Project, presented and read. Council MemberKluesner moved that the proof be received and
Nagle moved that the communication be receivedfiled. Seconded by Council Member Nagle.
and filed. Seconded by Council MemberCarried by the following vote: Yeas—Mayor
Nicholson. Carried by the following vote:Duggan, Council Members Kluesner, Krieg,
Yeas—Mayor Duggan, Council MembersNagle, Nicholson, Robbins, Voetberg.
Kluesner, Krieg, Nagle, Nicholson, Robbins,Nays—None.
Voetberg. Nays—None.
An Ordinance Amending Zoning Map by
amending the Conceptual Development Plan for
RESOLUTION NO. 231-95
ACCEPTING IMPROVEMENTproperty located at the East end of Raven Oaks
Whereas, the Contract for the Repair/CoatingDrive located in a PR Planned Residential District,
of the Pennsylvania Water Tower has beensaid Ordinance having been presented and read at
completed and the City's Consultant IIWthe Council Meeting of 6-19-95, presented for final
Engineering of Dubuque Iowa, recommendedaction.
acceptance of the project.Attorney Steve Juergens on behalf of Hawk
NOW, THEREFORE, BE IT RESOLVEDDevelopment objected to plans unless Raven Oaks
BY THE CITY COUNCIL OF THE CITY OFDrive is widened. Randy Hefel, Bernie Hefel, and
DUBUQUE, IOWA:Terry Hefel, owners of apartments on Raven Oaks
Section 1. That the recommendation of theDr. objected because of narrow width of the street.
City Manager be approved and that saidKen Buesing of Buesing & Asso. spoke for the
improvement be accepted.project on behalf of Jeff Noack.
Passed, approved and adopted this 3rd day of
July, 1995.
(OFFICIAL PUBLICATION)
Terrance M. Duggan, Mayor
ORDINANCE NO. 40-95
Attest:AN ORDINANCE AMENDING APPENDIX
Mary A. Davis, City ClerkA (THE ZONING ORDINANCE) OF THE
Council Member Nagle moved adoption of the
CITY OF DUBUQUE CODE OF
Resolution. Seconded by Council MemberORDINANCES BY AMENDING THE
Nicholson. Carried by the following vote:CONCEPTUAL DEVELOPMENT PLAN
Yeas—Mayor Duggan, Council MembersFOR HEREINAFTER DESCRIBED
Kluesner, Krieg, Nagle, Nicholson, Robbins,
PROPERTY LOCATED AT THE EAST END
Voetberg. Nays—None.OF RAVEN OAKS DRIVE LOCATED IN A
PR PLANNED RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY
RESOLUTION NO. 232-95
THE CITY COUNCIL OF THE CITY OF
FINAL ESTIMATE
Whereas, the contract for the Repair andDUBUQUE, IOWA:
Coating of the Pennsylvania Water Tank has beenSection 1. That in order to accomplish the
completed and the City has submitted the finalpurposes of the PR Planned Residential District of
estimate showing the cost thereof.the Zoning Ordinance of the City of Dubuque,
NOW THEREFORE, BE IT RESOLVED BYIowa, the conceptual development plan for Jeff
THE CITY COUNCIL OF THE CITY OFNoack, a copy of which is attached hereto and
DUBUQUE, IOWA:made a part hereof, is hereby adopted and
Section 1. That the cost of said improvement isapproved for the following described property, to
hereby determined to be $195,100.00.wit:
Section 2. That the final payment of $9,188.75All of Oak Brook Development and all of Oak
be paid to Tenyer Coating of Badger, MN inBrook Townhouses.
accordance with State Statues from funds in theSection 2. Pursuant to Iowa Code Section
Water Departments FY ‘95 CIP Budget.414.5 (1993), and as an express condition of the
Passed, approved and adopted this 3rd day ofreclassification, the undersigned property owner(s)
July, 1995..agree(s) to the following conditions, all of which
Terrance M. Duggan, Mayorthe property owner(s) further agree(s) are
Attest:reasonable and imposed to satisfy the public needs
Mary A. Davis, City Clerkthat are caused directly by the zoning
Council Member Nagle moved adoption of thereclassification:
Resolution. Seconded by Council MemberA.Use Regulations.
Nicholson. Carried by the following vote:The following regulations shall apply to all
Yeas—Mayor Duggan, Council Membersuses made of land in the above described PUD
Kluesner, Krieg, Nagle, Nicholson, Robbins,District:
Voetberg. Nays—None.1)Principal permitted uses shall be limited to
seventy-six (76) dwelling units located in 13 4-
Council Member Nagle moved that the rules beplexes and 3 8-plexes.
suspended to allow anyone present to address the2)No secondary or contingency uses shall be
Council if they so desire. Seconded by Councilpermitted.
Member Nicholson. Carried by the following vote:3)Accessory uses shall include any use
Yeas—Mayor Duggan, Council Memberscustomarily incidental and subordinate to the
Kluesner, Krieg, Nagle, Nicholson, Robbins,principal use it serves.
Voetberg. Nays—None.B.Lot and Bulk Regulations.
Regular Session, July 3, 19955
Development of land in the PUD District shallTransfer of ownership or lease of property in
be regulated as follows:this PR Planned Residential District shall
1)All building structures and activities shall beinclude in the transfer or lease agreement, a
located in conformance with the attachedprovision that the purchaser or lessee
conceptual development plan and all final siteacknowledges awareness of the conditions
development plans shall be approved inauthorizing the establishment of the district.
accordance with provisions of the PUD DistrictSection 3. The foregoing amendment has
regulations of this ordinance and of Section 3-heretofore been reviewed by the Zoning
5.5 of the Zoning Ordinance.Commission of the City of Dubuque, Iowa.
2)Lots 1 through 8 shall have a maximumSection 4. The foregoing amendment shall take
building height of 30 feet and Lots 9 throughaffect upon publication, as provided by law.
16 shall have a maximum building height of 40Passed, approved and adopted this 3rd day of
feet. All other bulk regulations of the R-3July, 1995.
Multi-Family Residential District for the 13 4-Terrance M. Duggan, Mayor
plexes and of the R-4 Multi-Family ResidentialAttest:
District for the 3 8-plexes shall be met forMary A. Davis, City Clerk
construction of all buildings and structures, asACCEPTANCE OF ORDINANCE
established in Section 5-1.5 of the ZoningNO. 40-95
Ordinance of the City of Dubuque, Iowa.I, Jeff Noack, having read the terms and
C.Performance Standards.conditions of the foregoing Ordinance No. 40-95
The development and maintenance of uses inand being familiar with the conditions thereof,
this PUD-District shall be established inhereby accept this same and agree to the conditions
conformance with Section 3-5.5 of the Zoningrequired therein.
Ordinance and the following standards:Dated in Dubuque, Iowa this 13 day of July,
1)A 31 foot wide public street with a 50 foot1995.
right-of-way is to be constructed by theBy /s/ Jeff Noack
developer and is to meet City specifications.
Published officially in the Telegraph Herald
2)Street lighting shall be provided per Citynewspaper this 20th day of July, 1995.
standards.1t 7/20Mary A. Davis, City Clerk
3)Sidewalks shall be provided within theCouncil Member Kluesner moved final
proposed development as shown on the
consideration and passage of the Ordinance, as
attached conceptual plan.amended. Seconded by Council Member Nagle.
4)Landscaping as noted on the attachedCarried by the following vote: Yeas—Mayor
conceptual development plan shall be installedDuggan, Council Members Kluesner, Krieg,
in conjunction with completion of the units.
Nagle, Nicholson, Robbins, Voetberg.
Final site development plans must indicateNays—None.
exact location and type of species to be
installed.
Proof of Publication certified to by the
5)A minimum of one-hundred-fifty-eight (158)Publisher on Notice of Public Hearing to consider
off-street parking spaces shall be provided asan Ordinance providing for an amendment for
shown on the attached conceptual developmentWal-Mart Stores, Inc. establishing Sign
plan.
Regulations, presented and read. Council Member
6)All utilities including telephone and cableKluesner moved that the proof be received and
television shall be installed underground.filed. Seconded by Council Member Nagle.
7)Final site development plans shall be submittedCarried by the following vote: Yeas—Mayor
in accordance with Section 4-4 of the Zoning
Duggan, Council Members Kluesner, Krieg,
Ordinance prior to construction of eachNagle, Nicholson, Robbins, Voetberg.
building or structure unless otherwise exemptedNays—None.
by Section 4-4.
8)Storm water detention areas and controlAn Ordinance Amending Ordinances No. 31-
measures shall be constructed as shown on the92 and No. 59-93 which adopted the PC Planned
attached conceptual development plan toCommercial District for Wal-Mart Stores, Inc. and
control runoff.
established sign regulations for that Planned
9)A consistent design theme be used throughoutCommercial District, said Ordinance having been
the development.presented and read at the Council Meeting of 6-19-
D.Open Space and Recreational Areas.95, presented for final action.
Those areas not designated on the conceptual
development plan for development shall be(OFFICIAL PUBLICATION)
maintained as open space, as defined by Section
ORDINANCE NO. 41-95
8 of the Zoning Ordinance by the property
AN ORDINANCE OF THE CITY OF
owner and/or association.DUBUQUE, IOWA PROVIDING FOR THE
E.Sign Regulations.AMENDMENT OF ORDINANCES 31-92 and
The sign regulations shall be in accordance
59-93 WHICH ADOPTED THE PC
with the R-3 Multi-Family Residential District
PLANNED COMMERCIAL DISTRICT FOR
as established in Section 4-3.11 of the ZoningWAL-MART STORES, INC. AND
Ordinance.ESTABLISHED SIGN REGULATIONS FOR
F.Additional Standards.
THAT PLANNED COMMERCIAL
The conceptual development plan shall be valid
DISTRICT.
for a period of five years provided a final siteWhereas, Wal-Mart Stores, Inc., applicant, has
development plan is submitted within two yearsfiled an application for approval of an amended
from the date of approval.conceptual development plan in accordance with
G.Transfer of Ownership.
provisions of the PUD Planned Unit Development
District regulations as set for in Section 3-5.5 of
6
Regular Session, July 3, 1995
the Code of Ordinance, Appendix A thereof, of thePublished officially in the Telegraph Herald
City of Dubuque, Iowa; andnewspaper this 20th day of July, 1995.
Whereas, the Zoning Commission has held a
1t 7/20Mary A. Davis, City Clerk
public hearing on said application for an amendedCouncil Member Kluesner moved final
conceptual development plan pursuant to requiredconsideration and passage of the Ordinance.
published notice; and
Seconded by Council Member Nagle. Carried by
Whereas, the Zoning Commission has approvedthe following vote: Yeas—Mayor Duggan,
said amended conceptual development plan subjectCouncil Members Kluesner, Krieg, Nagle,
to specific conditions and restrictions having foundNicholson, Robbins, Voetberg. Nays—None.
that said plan conforms with the review standards
applicable to such plans as set forth in Section 3-Proof of Publication certified to by the
5.5(D) of the Code of Ordinances, Appendix APublisher on Notice of Public Hearing to consider
thereof, of the City of Dubuque, Iowa; andan ordinance providing for a text amendment to the
Whereas, the Zoning Commission recommends
Zoning Ordinance to allow grain/barge terminals
the concurrence of the City Council and approvalas a conditional use in the MHI District, presented
of said amended conceptual development plan; andand read. Council Member Kluesner moved that
Whereas, The City Council has received thethe proof be received and filed. Seconded by
recommendation of the Zoning Commission andCouncil Member Robbins. Carried by the
held its own public hearing on said amendedfollowing vote: Yeas—Mayor Duggan, Council
conceptual development plan pursuant to requiredMembers Kluesner, Krieg, Nagle, Nicholson,
published notice; and
Robbins, Voetberg. Nays—None.
Whereas, the City Council has approved said
amended conceptual development plan subject toAn Ordinance Amending Zoning Ordinance by
the same specific conditions and restrictions.adding a new Section 3-4.4(D)(2) to allow
NOW THEREFORE, BE IT ORDAINED BY
Grain/Barge Terminal as a conditional use in the
THE CITY COUNCIL OF THE CITY OFMHI Modified Heavy Industrial District, said
DUBUQUE, IOWA:Ordinance having been presented and read at the
Section 1. That Ordinances No. 31-92 and 59-Council Meeting of 6-19-95, presented for final
93 be amended by repealing Section 3(e) in regard
action.
to sign regulations and establishing a new Section
3(e) in lieu thereof, as follows:
(OFFICIAL PUBLICATION)
e)Signs
ORDINANCE NO. 42-95
Signs for this PC Planned Commercial DistrictAN ORDINANCE AMENDING APPENDIX
shall be regulated as follows.A (THE ZONING ORDINANCE) OF THE
1)Wall-mounted signs: Wal-Mart shall be
CODE OF ORDINANCES OF THE CITY OF
permitted up to 1,175 square feet of wall-
DUBUQUE, IOWA, BY ADDING A NEW
mounted signage. LOWE's shall be permittedSECTION 3-4.4(D)(2) TO ALLOW
up to 790 square feet of wall-mounted signage.GRAIN/BARGE TERMINAL AS A
2)Free-standing signs: Maximum of two free-
CONDITIONAL USE IN THE MHI
standing tenant identification signs are allowed
MODIFIED HEAVY INDUSTRIAL
per premises with a maximum height of 30 feetDISTRICT.
and a sign area of 276 square feet each.NOW THEREFORE, BE IT ORDAINED BY
3)Directional signs shall be permitted according
THE CITY COUNCIL OF THE CITY OF
to the standard C-3 local zoning regulations.DUBUQUE, IOWA:
Section 2. The foregoing amendment hasSection 1. Appendix A (the Zoning Ordinance)
heretofore been reviewed by the Zoningof the City of Dubuque Code or Ordinances is
Commission of the City of Dubuque, Iowa.
hereby amended by adding a new Section 3-
Section 3. That this ordinance shall take effect4.4(D)(2) as follows:
immediately upon publication and shall not"3-4.4(D)(2) Grain/barge terminal provided
exclude any other provisions as previouslythat:
established by ordinance for Wal-Mart PC Planned
(a)A site plan shall be submitted and
Commercial District.approved as provided in Section 4 of this
Section 4. This ordinance shall take effectordinance; and
immediately upon publication, as provided by law.(b)The parking group requirements can be
Passed, approved and adopted this 3rd day ofmet - [44]".
July, 1995.Section 2. That the foregoing has heretofore
Terrance M. Duggan, Mayorbeen reviewed by the Zoning Commission of the
Attest:
City of Dubuque, Iowa.
Mary A. Davis, City ClerkSection 3. This ordinance shall take effect
ACCEPTANCE OF ORDINANCEimmediately upon publication.
NO. 41-95Passed, approved and adopted this 3rd day of
I, Paul W. Kite, Kite Development
July, 1995.
Corporation, having read the terms and conditionsTerrance M. Duggan, Mayor
of the foregoing Ordinance No. 41-95 and beingAttest:
familiar with the conditions thereof, hereby acceptMary A. Davis, City Clerk
this same and agree to the conditions required
Published officially in the Telegraph Herald
therein.newspaper this 14th day of July, 1995.
Dated in Dubuque, Iowa this 11th day of July,
1t 7/14Mary A. Davis, City Clerk
1995.
Council Member Kluesner moved final
By /s/ Paul W. Kiteconsideration and passage of the Ordinance.
Kite Development CorporationSeconded by Council Member Robbins. Carried
by the following vote: Yeas—Mayor Duggan,
Regular Session, July 3, 19957
Council Members Kluesner, Krieg, Nagle,RODFourth Street Peninsula
Nicholson, Robbins, Voetberg. Nays—None.Redevelopment Overlay District
SODFreeway 61/151 Corridor Signage
Proof of Publication certified to by theOverlay District
Publisher on Notice of Public Hearing to consider
Published officially in the Telegraph Herald
an ordinance amending the Zoning Ordinance tonewspaper this 14th day of December, 1995.
include "ROD Fourth Street Peninsula1t 7/14Mary A. Davis, City Clerk
Redevelopment Overlay District, presented andCouncil Member Voetberg moved final
read. Council Member Voetberg moved that the
consideration and passage of the Ordinance.
proof of publication be received and filed. Seconded by Council Member Robbins. Carried
Seconded by Council Member Robbins. Carriedby the following vote: Yeas—Mayor Duggan,
by the following vote: Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Council Members Kluesner, Krieg, Nagle,Nicholson, Robbins, Voetberg. Nays—None.
Nicholson, Robbins, Voetberg. Nays—None.
Proof of Publication certified to by the
An Ordinance Amending the Zoning Ordinance
Publisher on Notice of Public Hearing to consider
by amending Section 2-1 by including "RODan ordinance reclassifying property in the 4th St.
Fourth Street Peninsula Redevelopment OverlayPeninsula Industrial Area from HI to MHI District,
District" under special purpose districts in Sectionpresented and read. Council Member Voetberg
2-1 establishment of districts; and by adopting a
moved that the proof of publication be received
new Section 3-5.5 Fourth Street Peninsula RODand filed. Seconded by Council Member Nagle.
Redevelopment Overlay District, said OrdinanceCarried by the following vote: Yeas—Mayor
having been presented at the Council Meeting of 6-Duggan, Council Members Kluesner, Krieg,
19-95, presented for final action. Nagle, Nicholson, Robbins, Voetberg.
Nays—None.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 43-95An Ordinance Amending Zoning Map by
AN ORDINANCE AMENDING APPENDIXreclassifying property located in 4th St. Peninsula
A (THE ZONING ORDINANCE) OF THEIndustrial Area from HI Heavy Industrial District
CITY OF DUBUQUE CODE OFto MHI Modified Heavy Industrial District, said
ORDINANCES BY AMENDING SECTIONOrdinance having been presented and read at the
2-1 BY INCLUDING "ROD FOURTHCouncil Meeting of 6-19-95, presented for final
STREET PENINSULA REDEVELOPMENTaction.
OVERLAY DISTRICT" UNDER SPECIAL
PURPOSE DISTRICTS IN SECTION 2-1(OFFICIAL PUBLICATION)
ESTABLISHMENT OF DISTRICTS; ANDORDINANCE NO. 44-95
BY ADOPTING A NEW SECTION 3-5.5
AN ORDINANCE AMENDING APPENDIX
FOURTH STREET PENINSULA RODA (THE ZONING ORDINANCE) OF THE
REDEVELOPMENT OVERLAY DISTRICT.CITY OF DUBUQUE, CODE OF
NOW THEREFORE, BE IT ORDAINED BYORDINANCES BY RECLASSIFYING
THE CITY COUNCIL OF THE CITY OF
HEREINAFTER-DESCRIBED PROPERTY
DUBUQUE, IOWA:
FROM HI HEAVY INDUSTRIAL DISTRICT
Section 1. Appendix A (the Zoning Ordinance)TO MHI MODIFIED HEAVY INDUSTRIAL
of the City of Dubuque Code of Ordinances, isDISTRICT.
hereby amended by amending Section 2-1NOW THEREFORE, BE IT ORDAINED BY
Establishment of Districts by including under
THE CITY COUNCIL OF THE CITY OF
Special Purpose Districts the "ROD Fourth StreetDUBUQUE, IOWA:
Peninsula Redevelopment Overlay District", asSection 1. Appendix A (the Zoning Ordinance)
shown on Exhibit A.
of the City of Dubuque Code of Ordinances is
Section 2. Appendix A (the Zoning Ordinance)hereby amended by reclassifying the property
of the City of Dubuque, Iowa, is hereby amendedidentified on Exhibit A from HI Heavy Industrial
by adding a new Section 3-5.5 Fourth StreetDistrict to MHI Modified Heavy Industrial
Peninsula ROD Redevelopment Overlay District,
District.
as shown on Exhibit B.Section 2. The foregoing has heretofore been
Section 3. The foregoing has heretofore beenreviewed by the Zoning Commission of the City of
reviewed by the Zoning Commission of the City ofDubuque, Iowa.
Dubuque, Iowa.
Section 3. This ordinance shall take effect
Section 4. This ordinance shall take effectimmediately upon publication
immediately upon publication.Passed, approved and adopted this 3rd day of
Passed, approved and adopted this 3rd day ofJuly, 1995.
July, 1995.Terrance M. Duggan, Mayor
Terrance M. Duggan, MayorAttest:
Attest:Mary A. Davis, City Clerk
Mary A. Davis, City Clerk
Published officially in the Telegraph Herald
EXHIBIT Athis 14th day of July, 1995.
Special Purpose Districts:1t 7/14Mary A. Davis, City Clerk
AGAgricultural District
Council Member Voetberg moved final
IDInstitutional Districtconsideration and passage of the Ordinance.
FLFlood Hazard Overlay DistrictSeconded by Council Member Nagle. Carried by
POSPublic Open Space Districtthe following vote: Yeas—Mayor Duggan,
PUDPlanned Unit Development District
Council Members Kluesner, Krieg, Nagle,
RHRestricted Height Overlay DistrictNicholson, Robbins, Voetberg. Nays—None.
8
Regular Session, July 3, 1995
Proof of Publication certified to by thewere filed with the City Clerk of Dubuque, Iowa
Publisher on Notice of Public Hearing to reclassifyfor the Wilbur Street Retaining Wall.
properties to the Fourth Street Peninsula RODWhereas, notice of hearing on plans,
Redevelopment Overlay District, presented andspecifications, form of contract, and estimated cost
read. Council Member Voetberg moved that thewas published as required by law.
proof of publication be received and filed.NOW THEREFORE, BE IT RESOLVED BY
Seconded by Council Member Nicholson. CarriedTHE CITY COUNCIL OF THE CITY OF
by the following vote: Yeas—Mayor Duggan,DUBUQUE, IOWA:
Council Members Kluesner, Krieg, Nagle,That the said plans, specifications, form of
Nicholson, Robbins, Voetberg. Nays—None.contract and estimated cost are hereby approved as
the plans, specifications, form of contract and
An Ordinance Amending Zoning Map byestimated cost for said improvements for said
reclassifying property to the Fourth Streetproject.
Peninsula ROD Redevelopment Overlay District,Passed, adopted and approved this 3rd day of
said Ordinance having been presented and read atJuly, 1995.
the Council Meeting of 6-19-95, presented for finalTerrance M. Duggan, Mayor
action. Attest:
Mary A. Davis, City Clerk
(OFFICIAL PUBLICATION)Council Member Nagle moved adoption of the
ORDINANCE NO. 45-95Resolution. Seconded by Council Member
Nicholson. Carried by the following vote:
AN ORDINANCE AMENDING APPENDIX
A (THE ZONING ORDINANCE) OF THEYeas—Mayor Duggan, Council Members
CODE OF ORDINANCES OF THE CITY OFKluesner, Krieg, Nagle, Nicholson, Robbins,
DUBUQUE, IOWA, RECLASSIFYINGVoetberg. Nays—None.
HEREINAFTER DESCRIBED PROPERTY
TO THE FOURTH STREET PENINSULAProof of Publication certified to by the
ROD REDEVELOPMENT OVERLAYPublishers on Notice to Bidders on the Receipt of
Bids for project and City Manager recommending
DISTRICT.
NOW THEREFORE, BE IT ORDAINED BYto award contract for project, presented and read.
THE CITY COUNCIL OF THE CITY OFCouncil Member Nagle moved that the proof and
DUBUQUE, IOWA:communication be received and filed. Seconded
Section 1. Appendix A (the Zoning Ordinance)by Council Member Nicholson. Carried by the
of the City of Dubuque is hereby reclassifying thefollowing vote: Yeas—Mayor Duggan, Council
property identified on Exhibit 1 to the FourthMembers Kluesner, Krieg, Nagle, Nicholson,
Street Peninsula ROD Redevelopment OverlayRobbins, Voetberg. Nays—None.
District.
Section 2. That the foregoing has heretoforeRESOLUTION NO. 234-95
been reviewed by the Zoning Commission of theAWARDING CONTRACT
City of Dubuque, Iowa.Whereas, sealed proposals have been submitted
Section 3. That this ordinance shall take effectby contractors for the Wilbur Street Retaining
immediately upon publication.Wall pursuant to Resolution No. 226-95 and
Passed, approved and adopted this 3rd day ofnotice to bidders published in a newspaper
July, 1995.published in the City of Dubuque, Iowa on the
Terrance M. Duggan, Mayor22nd day of June, 1995.
Attest:Whereas, said sealed proposals were opened
Mary A. Davis, City Clerkand read on the 27th day of June, 1995 and it has
been determined that the bid of William Becker &
Published officially in the Telegraph Herald
this 14th day of July, 1995.Sons Stone Company, Inc. of Dubuque, Iowa in
1t 7/14Mary A. Davis, City Clerkthe amount of $47,400.00 was the lowest bid for
Council Member Voetberg moved finalthe furnishings of all labor and materials and
performing the work as provided for in the plans
consideration and passage of the Ordinance.
Seconded by Council Member Nicholson. Carriedand specifications.
by the following vote: Yeas—Mayor Duggan,NOW THEREFORE, BE IT RESOLVED BY
Council Members Kluesner, Krieg, Nagle,THE CITY COUNCIL OF THE CITY OF
Nicholson, Robbins, Voetberg. Nays—None.DUBUQUE, IOWA:
That the contract for the above improvement be
Proof of Publication certified to by theawarded to William Becker & Sons Stone
Company, Inc. and the Manager be and is hereby
Publisher on Notice of Hearing on Plans and
Specifications for construction of Wilbur Streetdirected to execute a contract on behalf of the City
Retaining Wall, presented and read. Councilof Dubuque for the complete performance of the
Member Nagle moved that the proof of publicationwork.
BE IT FURTHER RESOLVED:
be received and filed. Seconded by Council
Member Nicholson. Carried by the following vote:That upon the signing of said contract and the
Yeas—Mayor Duggan, Council Membersapproval of the contractor's bond, the City
Kluesner, Krieg, Nagle, Nicholson, Robbins,Treasurer is authorized and instructed to return the
bid deposits of the unsuccessful bidders.
Voetberg. Nays—None.
Passed, approved and adopted this 3rd day of
July, 1995.
RESOLUTION NO. 233-95
Terrance M. Duggan, Mayor
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONSAttest:
Whereas, on the 14th day of June, 1995, plans,Mary A. Davis, City Clerk
specifications, form of contract and estimated cost
Regular Session, July 3, 19959
Council Member Nagle moved adoption of theof Minneapolis, Minnesota, in the amount of
Resolution. Seconded by Council Member$292,700.00 was the lowest bid for the furnishing
Nicholson. Carried by the following vote:of all labor and materials and performing the work
Yeas—Mayor Duggan, Council Membersas provided for in the plans and specifications.
Kluesner, Krieg, Nagle, Nicholson, Robbins,NOW, THEREFORE, BE IT RESOLVED BY
Voetberg. Nays—None.THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Proof of Publication certified to by theThat the contract for the above improvement be
Publisher on Notice of Hearing on Plan andawarded to McGill Restoration, Inc. and the
Specifications for construction of 1995manager be and is hereby directed to execute a
Rehabilitation Repairs to the City of Dubuquecontract on behalf of the City of Dubuque for the
Parking Ramp Facilities, presented and read.complete performance of the work.
Council Member Nagle moved that the proof beBE IT FURTHER RESOLVED BY THE
received and filed. Seconded by Council MemberCITY COUNCIL OF THE CITY OF
Voetberg. Carried by the following vote:DUBUQUE, IOWA:
Yeas—Mayor Duggan, Council MembersThat upon the signing of said contract and the
Kluesner, Krieg, Nagle, Nicholson, Robbins,approval of the contractor's bond, the City
Voetberg. Nays—None.Treasurer is authorized and instructed to return the
bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 3rd day of
RESOLUTION NO. 235-95
RESOLUTION ADOPTING PLANSJuly, 1995.
AND SPECIFICATIONSTerrance M. Duggan, Mayor
Whereas, on the 31st day of May, 1995, plans,Attest:
specifications, form of contract and estimated costMary A. Davis, City Clerk
were filed with the City Clerk of Dubuque, Iowa,Council Member Nagle moved adoption of the
for the 1995 Rehabilitation Repairs to the City ofResolution. Seconded by Council Member
Dubuque Parking Ramp Facilities.Voetberg. Carried by the following vote:
Whereas, notice of hearing on plans,Yeas—Mayor Duggan, Council Members
specifications, form of contract, and estimated costKluesner, Krieg, Nagle, Nicholson, Robbins,
was published as required by law.Voetberg. Nays—None.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OFCorporation Counsel recommending to increase
DUBUQUE, IOWA:the insurance requirements for taxicab operators
That the said plans, specifications, form ofand an Ordinance Amending the Code of
contract, and estimated cost are hereby approvedOrdinances by adopting in lieu thereof a new
as the plans, specifications, form of contract andSection 46-34 providing for insurance
estimated cost for said improvements for saidrequirements for the issuance of a Taxicab
project.Operator's Permit, presented and read.
Passed, approved and adopted this 3rd day ofRonald Conrad, owner of A-OK Yellow Cab
July, 1995.Co. objected to the additional insurance
Terrance M. Duggan, Mayorrequirements stating an additional financial
Attest:burden.
Mary A. Davis, City ClerkCouncil Member Kluesner moved that this
Council Member Nagle moved adoption of thematter be tabled to the Council Meeting of July 17.
Resolution. Seconded by Council MemberSeconded by Council Member Nicholson. Carried
Voetberg. Carried by the following vote:by the following vote: Yeas—Mayor Duggan,
Yeas—Mayor Duggan, Council MembersCouncil Members Kluesner, Krieg, Nagle,
Kluesner, Krieg, Nagle, Nicholson, Robbins,Nicholson, Robbins. Nays—Council Member
Voetberg. Nays—None.Voetberg.
Proof of Publication certified to by theCity Manager submitting Ordinance allowing
Publisher on Notice to Bidders on the Receipt ofconsumption of alcoholic liquors and wine in Four
Bids for project and City Manager recommendingMounds Parks, and an Ordinance Amending Code
to award contract for project, presented and read.of Ordinances by adopting in lieu thereof a new
Council Member Nagle moved that the proof andSection 34-52(a) prohibiting the consumption or
communication be received and filed. Secondeduse of alcoholic liquors or wine in any public park,
by Council Member Voetberg. Carried by theexcept for Four Mounds Park, presented and read.
following vote: Yeas—Mayor Duggan, CouncilCouncil Member Voetberg moved that this matter
Members Kluesner, Krieg, Nagle, Nicholson,be tabled. Seconded by Council Member Nagle.
Robbins, Voetberg. Nays—None.Carried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
RESOLUTION NO. 236-95Nagle, Nicholson, Robbins, Voetberg.
AWARDING CONTRACTNays—None.
Whereas, sealed proposals have been submitted
by contractors for the rehabilitation repairs to theCity Manager recommending to proceed with
City of Dubuque Parking Facilities Projectissuance of $2,000,000 General Obligation Bonds
pursuant to Resolution No. 206-95 and notice toand approval of Tax Exemption Certificate,
bidders published in a newspaper published in thepresented and read. Council Member Voetberg
City of Dubuque, Iowa, on the 8th day of June,moved that the communications be received and
1995. filed. Seconded by Council Member Nagle.
Whereas, said sealed proposals were openedCarried by the following vote: Yeas—Mayor
and read on the 26th day of June and it has beenDuggan, Council Members Kluesner, Krieg,
determined that the bid of McGill Restoration, Inc.
10
Regular Session, July 3, 1995
Nagle, Nicholson, Robbins, Voetberg.who shall carry out the duties prescribed herein
Nays—None.with respect to maintaining a register of the owners
of the bonds. Unless otherwise specified, the
RESOLUTION NO. 237-95Registrar shall also act as Transfer Agent for the
RESOLUTION AMENDINGbonds;
(g)"Tax Exemption Certificate" shall mean
"RESOLUTION AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OFthe Tax Exemption Certificate executed by the
$2,000,000 GENERAL OBLIGATIONTreasurer and delivered at the time of issuance and
BONDS AND LEVYING A TAX TO PAYdelivery of the Bonds; and
(h)"Treasurer" shall mean the City Treasurer
SAID BONDS" PASSED AND APPROVED
MARCH 8, 1995or such other officer as shall succeed to the same
WHEREAS, the Issuer is duly incorporated,duties and responsibilities with respect to the
organized and exists under and by virtue of therecording and payment of the Bonds issued
laws and Constitution of the State of Iowa; and hereunder.
WHEREAS, the Issuer is in need of funds toSection 2. Levy and Certification of Annual
pay costs of improvements and repaving ofTax; Other Funds to be Used.
taxiways and adjacent areas at the Municipal(a)Levy of Annual Tax. That for the purpose
Airport; the acquisition, construction,of providing funds to pay the principal and interest
reconstruction and improvement of storm sewersof the Bonds hereinafter authorized to be issued,
and related facilities for the collection and disposalthere is hereby levied for each future year the
of surface water and streams; the construction,following direct annual tax on all of the taxable
reconstruction and repairing of streetproperty in Dubuque, Iowa, to-wit:
improvements and sidewalks; the acquisition,FISCAL YEAR (JULY 1 TO JUNE 30)
construction, improvement and installation ofAMOUNTYEAR OF COLLECTION:
street lighting fixtures, connections and facilities;$175,9711995/1996
and the acquisition, construction, reconstruction,$137,0651996/1997
improvement and repair of bridges, guardrails and$164,9901997/1998
retaining walls, an essential corporate purpose, and$211,6301998/1999
it is deemed necessary and advisable that General$306,1051999/2000
Obligation Bonds in the amount of $2,000,000 be$296,1002000/2001
issued for said purpose; and $285,8652001/2002
WHEREAS, pursuant to notice published as$345,4002002/2003
required by Section 384.25 of said Code, this$431,4502003/2004
Council has held a public meeting and hearing$262,2502004/2005
upon the proposal to institute proceedings for the(NOTE: For example the levy to be made and
issuance of said Bonds in the amount ofcertified against the taxable valuations of January
$2,100,000, and the Council is therefore now1, 1994, will be collected during the fiscal year
authorized to proceed with the issuance ofcommencing July 1, 1995).
$2,000,000 of said Bonds; and (b) Resolution to be Filed With County
WHEREAS, pursuant to the provisions ofAuditor. A certified copy of this Resolution should
Chapter 75 of the Code of Iowa, the abovebe filed with the County Auditor of Dubuque
mentioned bonds were heretofore sold at publicCounty, Iowa, and said Auditor is hereby
sale and action should now be taken to issue saidinstructed in and for each of the years as provided,
bonds conforming to the terms and conditions ofto levy and assess the tax hereby authorized in
the best bid received at the advertised public sale.Section 2 of this Resolution, in like manner as
NOW, THEREFORE, BE IT RESOLVED BYother taxes are levied and assessed, and such taxes
THE CITY COUNCIL OF THE CITY OFso levied in and for each of the years aforesaid be
DUBUQUE, IOWA:collected in like manner as other taxes of the City
Section 1. Definitions. The following termsare collected, and when collected be used for the
shall have the following meanings in thispurpose of paying principal and interest on said
Resolution unless the text expressly or byBonds issued in anticipation of said tax, and for no
necessary implication requires otherwise:other purpose whatsoever.
(a)"Bonds" shall mean $2,000,000 General(c) Additional City Funds Available. Principal
Obligation Bonds, authorized to be issued by thisand interest coming due at any time when the
Resolution; proceeds of said tax on hand shall be insufficient to
(b)"Issuer" and "City" shall mean the City ofpay the same shall be promptly paid when due
Dubuque, Iowa;from current funds of the City available for that
(c)"Paying Agent" shall be Norwest Bankpurpose and reimbursement shall be made from
Iowa, N.A., or such successor as may be approvedsuch special fund in the amounts thus advanced.
by Issuer as provided herein and who shall carrySection 3. Bond Fund. Said tax shall be
out the duties prescribed herein as Issuer's agent tocollected each year at the same time and in the
provide for the payment of principal of and interestsame manner as, and in addition to, all other taxes
on the Bonds as the same shall become due;in and for the City, and when collected they shall
(d)"Project Fund" shall mean the fundbe converted into a special fund within the Debt
required to be established by this Resolution forService Fund to be known as the "GENERAL
the deposit of the proceeds of the Bonds;OBLIGATION BOND FUND 1995 NO. 1" (the
(e)"Rebate Fund" shall mean the fund so"Bond Fund"), which is hereby pledged for and
defined in and established pursuant to the Taxshall be used only for the payment of the principal
Exemption Certificate;of and interest on the Bonds hereinafter authorized
(f)"Registrar" shall be Norwest Bank Iowa,to be issued; and also there shall be apportioned to
N.A. of Des Moines, Iowa, or such successor assaid fund its proportion of taxes received by the
may be approved by Issuer as provided herein andCity from railway, express, telephone and
Regular Session, July 3, 199511
telegraph companies and other taxes assessed by(b)Redemption. Bonds maturing on or after
the Iowa State Department of Revenue. May 1, 2004, may be called for redemption by the
Section 4. Application of Bond Proceeds.Issuer and paid before maturity on May 1, 2003 or
Proceeds of the Bonds other than accrued interestany date thereafter, from any funds regardless of
except as may be provided below shall be creditedsource, in whole or from time to time in part, in
to the Project Fund and expended therefrom for theany order of maturity and within an annual
purposes of issuance. Any amounts on hand in thematurity by lot by giving thirty days' notice of
Project Fund shall be available for the payment ofredemption by registered mail, to the registered
the principal of or interest on the Bonds at any timeowner of the Bond. The terms of redemption shall
that other funds shall be insufficient to the purpose,be par, plus accrued interest to date of call.
in which event such funds shall be repaid to theIf selection by lot within a maturity is required,
Project Fund at the earliest opportunity. Anythe Registrar shall by random selection of the
balance on hand in the Project Fund and notnames of the registered owners of the entire annual
immediately required for its purposes may bematurity select the bonds to be redeemed until the
invested not inconsistent with limitations providedtotal amount of Bonds to be called has been
by law or this Resolution. Accrued interest, if any,reached.Section 7. Registration of Bonds;
shall be deposited in the Bond Fund.Appointment of Registrar; Transfer; Ownership;
Section 5. Investments of Bond Fund Proceeds.Delivery; and Cancellation.
All moneys held in the Bond Fund, provided for by(a)Registration. The ownership of Bonds
Section 3 of this Resolution shall be invested inmay be transferred only by the making of an entry
investments permitted by Chapter 12B, Code ofupon the books kept for the registration and
Iowa, 1993 (formerly Chapter 452, Code of Iowa,transfer of ownership of the Bonds, and in no other
as amended) or deposited in financial institutionsway. Norwest Bank Iowa, N.A. is hereby
which are members of the Federal Depositappointed as Bond Registrar under the terms of
Insurance Corporation and the deposits in whichthis Resolution and under the provisions of a
are insured thereby and all such deposits exceedingseparate agreement with the Issuer filed herewith
the maximum amount insured from time to time bywhich is made a part hereof by this reference. The
FDIC or its equivalent successor in any oneRegistrar shall maintain the books of the Issuer for
financial institution shall be continuously securedthe registration of ownership of the Bonds for the
by a valid pledge of direct obligations of thepayment of principal of and interest on the Bonds
United States Government having an equivalentas provided in this Resolution. All Bonds shall be
market value. All such interim investments shallnegotiable as provided in Article 8 of the Uniform
mature before the date on which the moneys areCommercial Code and Section 384.31 of the Code
required for payment of principal of or interest onof Iowa, subject to the provisions for registration
the Bonds as herein provided. and transfer contained in the Bonds and in this
Section 6. Bond Details, Execution andresolution.
Redemption. (b)Transfer. The ownership of any Bond
(a) Bond Details. General Obligation Bondsmay be transferred only upon the Registration
of the City in the amount of $2,000,000, shall beBooks kept for the registration and transfer of
issued pursuant to the provisions of Section 384.25Bonds and only upon surrender thereof at the
of the City Code of Iowa for the aforesaid purpose.office of the Registrar together with an assignment
The Bonds shall be designated "GENERALduly executed by the holder or his duly authorized
OBLIGATION BOND", be dated July 1, 1995,attorney in fact in such form as shall be
and bear interest from the date thereof, untilsatisfactory to the Registrar, along with the address
payment thereof, at the office of the Paying Agent,and social security number or federal employer
said interest payable on May 1, 1996, andidentification number of such transferee (or, if
semiannually thereafter on the 1st day ofregistration is to be made in the name of multiple
November and May in each year until maturity atindividuals, of all such transferees). In the event
the rates hereinafter provided.that the address of the registered owner of a Bond
The Bonds shall be executed by the manual or(other than a registered owner which is the
facsimile signature of the Mayor and attested bynominee of the broker or dealer in question) is that
the manual or facsimile signature of the Clerk, andof a broker or dealer, there must be disclosed on
impressed or imprinted with the seal of the Citythe Registration Books the information pertaining
and shall be fully registered as to both principalto the registered owner required above. Upon the
and interest as provided in this Resolution;transfer of any such Bond, a new fully registered
principal, interest and premium, if any, shall beBond, of any denomination or denominations
payable at the office of the Paying Agent bypermitted by this Resolution in aggregate
mailing of a check to the registered owner of theprincipal amount equal to the unmatured and
Bond. The Bonds shall be in the denomination ofunredeemed principal amount of such transferred
$5,000 or multiples thereof. The Bonds shallfully registered Bond, and bearing interest at the
mature and bear interest as follows: same rate and maturing on the same date or dates
InterestPrincipalMaturityshall be delivered by the Registrar.
RateAmountMay 1st(c)Registration of Transferred Bonds. In all
4.10%$100,0001996cases of the transfer of the Bonds, the Registrar
4.15% 50,0001997shall register, at the earliest practicable time, on
4.20% 80,0001998the Registration Books, the Bonds, in accordance
4.25% 130,0001999with the pro-visions of this Resolution.
4.35% 230,0002000(d) Ownership. As to any Bond, the person in
4.45% 230,0002001whose name the ownership of the same shall be
4.55% 230,0002002registered on the Registration Books of the
4.65% 300,0002003Registrar shall be deemed and regarded as the
4.80% 400,0002004absolute owner thereof for all purposes, and
4.90% 250,0002005payment of or on account of the principal of any
12
Regular Session, July 3, 1995
such Bonds and the premium, if any, and interestregistered holder thereof or to their designated
thereon shall be made only to or upon the order ofagent as the same appear on the books of the
the registered owner thereof or his legalRegistrar on the 15th day of the month preceding
representative. All such payments shall be validthe payment date. All such payments shall fully
and effectual to satisfy and discharge the liabilitydischarge the obligations of the Issuer in respect of
upon such Bond, including the interest thereon, tosuch Bonds to the extent of the payments so made.
the extent of the sum or sums so paid.Payment of principal shall only be made upon
(e) Cancellation. All Bonds which have beensurrender of the Bond to the Paying Agent.
redeemed shall not be reissued but shall beSection 10. Execution, Authentication and
cancelled by the Registrar. All Bonds which areDelivery of the Bonds. Upon the adoption of this
cancelled by the Registrar shall be destroyed and aResolution, the Mayor and Clerk shall execute and
certificate of the destruction thereof shall bedeliver the Bonds to the Registrar, who shall
furnished promptly to the Issuer; provided that ifauthenticate the Bonds and deliver the same to or
the Issuer shall so direct, the Registrar shallupon order of the Purchaser. No Bond shall be
forward the cancelled Bonds to the Issuer.valid or obligatory for any purpose or shall be
(f)Non-Presentment of Bonds. In the evententitled to any right or benefit hereunder unless the
any payment check representing payment ofRegistrar shall duly endorse and execute on such
principal of or interest on the Bonds is returned toBond a Certificate of Authentication substantially
the Paying Agent or if any bond is not presentedin the form of the Certificate herein set forth. Such
for payment of principal at the maturity orCertificate upon any Bond executed on behalf of
redemption date, if funds sufficient to pay suchthe Issuer shall be conclusive evidence that the
principal of or interest on Bonds shall have beenBond so authenticated has been duly issued under
made available to the Paying Agent for the benefitthis Resolution and that the holder thereof is
of the owner thereof, all liability of the Issuer toentitled to the benefits of this Resolution.
the owner thereof for such interest or payment ofSection 11. Right to Name Substitute Paying
such Bonds shall forthwith cease, terminate and beAgent or Registrar. Issuer reserves the right to
completely discharged, and thereupon it shall bename a substitute, successor Registrar or Paying
the duty of the Paying Agent to hold such funds,Agent upon giving prompt written notice to each
without liability for interest thereon, for the benefitregistered bondholder.
of the owner of such Bonds who shall thereafter beSection 12. Form of Bond. Bonds shall be
restricted exclusively to such funds for any claimprinted in substantial compliance with standards
of whatever nature on his part under thisproposed by the American Standards Institute
Resolution or on, or with respect to, such interestsubstantially in the form as follows:
or Bonds. The Paying Agent's obligation to hold
such funds shall continue for a period equal to two
years and six months following the date on which
such interest or principal became due, whether at
maturity, or at the date fixed for redemption
thereof, or otherwise, at which time the Paying
Agent, shall surrender any remaining funds so held
to the Issuer, whereupon any claim under this
Resolution by the Owners of such interest or
Bonds of whatever nature shall be made upon the
Issuer.
(g) Registration and Transfer Fees. The
Registrar may furnish to each owner, at the Issuer's
expense, one bond for each annual maturity. The
Registrar shall furnish additional bonds in lesser
denominations (but not less than the minimum
denomination) to an owner who so requests.
Section 8. Reissuance of Mutilated, Destroyed,
Stolen or Lost Bonds. In case any outstanding
Bond shall become mutilated or be destroyed,
stolen or lost, the Issuer shall at the request of
Registrar authenticate and deliver a new Bond of
like tenor and amount as the Bond so mutilated,
destroyed, stolen or lost, in exchange and
substitution for such mutilated Bond to Registrar,
upon surrender of such mutilated Bond, or in lieu
of and substitution for the Bond destroyed, stolen
or lost, upon filing with the Registrar evidence
satisfactory to the Registrar and Issuer that such
Bond has been destroyed, stolen or lost and proof
of ownership thereof, and upon furnishing the
Registrar and Issuer with satisfactory indemnity
and complying with such other reasonable
regulations as the Issuer or its agent may prescribe
and paying such expenses as the Issuer may incur
in connection therewith.
Section 9. Record Date. Payments of principal
and interest, otherwise than upon full redemption,
made in respect of any Bond, shall be made to the
Regular Session, July 3, 199513
14
Regular Session, July 3, 1995
The text of the Bonds to be located thereon ataddress shown on the books of the Registrar and
the item numbers shown shall be as follows: shall be deemed complete upon mailing.
Item 1, figure 1 = "STATE OF IOWA" Ownership of this Bond may be transferred
"COUNTY OF DUBUQUE"only by transfer upon the books kept for such
"CITY OF DUBUQUE"purpose by Norwest Bank Iowa, N.A., the
"GENERAL OBLIGATION BOND"Registrar. Such transfer on the books shall occur
"ESSENTIAL CORPORATE PURPOSE" only upon presentation and surrender of this Bond
Item 2, figure 1 = Rate: at the office of the Registrar as designated below,
Item 3, figure 1 = Maturity: together with an assignment duly executed by the
Item 4, figure 1 = Bond Date: July 1, 1995owner hereof or his duly authorized attorney in the
Item 5, figure 1 = Cusip No.: form as shall be satisfactory to the Registrar.
Item 6, figure 1 = "Registered" Issuer reserves the right to substitute the Registrar
Item 7, figure 1 = Certificate No. and Paying Agent but shall, however, promptly
Item 8, figure 1 = Principal Amount: $ give notice to registered bondholders of such
Item 9, figure 1 = The City of Dubuque, Iowa,change. All bonds shall be negotiable as provided
a municipal corporation organized and existingin Article 8 of the Uniform Commercial Code and
under and by virtue of the Constitution and laws ofSection 384.31 of the Code of Iowa, subject to the
the State of Iowa (the "Issuer"), for value received,provisions for registration and transfer contained in
promises to pay from the source and as hereinafterthe Bond Resolution.
provided, on the maturity date indicated above, toThis Bond is a "qualified tax-exempt
Item 9A, figure 1 = (Registration panel to beobligation" designated by the City for purposes of
completed by Registrar or Printer with name ofSection 265(b)(3)(B) of the Internal Revenue
Registered Owner). Code of 1986.
Item 10, figure 1 = or registered assigns, theAnd it is hereby represented and certified that
principal sum of (principal amount written out)all acts, conditions and things requisite, according
THOUSAND DOLLARS in lawful money of theto the laws and Constitution of the State of Iowa,
United States of America, on the maturity dateto exist, to be had, to be done, or to be performed
shown above, only upon presentation andprecedent to the lawful issue of this Bond, have
surrender hereof at the designated office ofbeen existent, had, done and performed as required
Norwest Bank Iowa, N.A., Paying Agent of thisby law; that provision has been made for the levy
issue, or its successor, with interest on said sumof a sufficient continuing annual tax on all the
from the date hereof until paid at the rate pertaxable property within the territory of the Issuer
annum specified above, payable on May 1, 1996,for the payment of the principal and interest of this
and semiannually thereafter on the 1st day ofBond as the same will respectively become due;
November and May in each year. that the faith, credit, revenues and resources and all
Interest and principal shall be paid to thethe real and personal property of the Issuer are
registered holder of the Bond as shown on theirrevocably pledged for the prompt payment
records of ownership maintained by the Registrarhereof, both principal and interest; and the total
as of the 15th day of the month next precedingindebtedness of the Issuer including this Bond,
such interest payment date. Interest shall bedoes not exceed the constitutional or statutory
computed on the basis of a 360-day year of twelvelimitations.
30-day months.IN TESTIMONY WHEREOF, the Issuer by its
This Bond is issued pursuant to the provisionsCouncil, has caused this Bond to be signed by the
of Section 384.25 of the City Code of Iowa, for themanual signature of its Mayor
purpose of paying costs of improvements and
repaving of taxiways and adjacent areas at theand attested by the manual signature of its City
Municipal Airport; the acquisition, construction,Clerk, with the seal of said City impressed hereon,
reconstruction and improvement of storm sewersand to be authenticated by the manual signature of
and related facilities for the collection and disposalan authorized representative of the Registrar,
of surface water and streams; the construction,Norwest Bank Iowa, N.A., Des Moines, Iowa.
reconstruction and repairing of streetItem 11, figure 1 = Date of authentication:
improvements and sidewalks; the acquisition,Item 12, figure 1 = This is one of the Bonds
construction, improvement and installation ofdescribed in the within mentioned Resolution, as
street lighting fixtures, connections and facilities;registered by Norwest Bank Iowa, N.A..
and the acquisition, construction, reconstruction,NORWEST BANK IOWA,
improvement and repair of bridges, guardrails andNATIONAL ASSOCIATION, Registrar
retaining walls, in conformity to a Resolution ofBy: Authorized Signature
the Council of said City duly passed and approved.Item 13, figure 1 = Registrar and Transfer Agent:
Norwest Bank Iowa, N.A.
Bonds maturing on or after May 1, 2004, mayPaying Agent: Norwest Bank Iowa, N.A.
be called for redemption by the Issuer and paidCorporate Trust Operations
before maturity on May 1, 2003 or any dateSixth & Marquette Avenue
thereafter, from any funds regardless of source, inMinneapolis, MN 55479-0113
whole or from time to time in part, in any order ofSEE REVERSE FOR CERTAIN
maturity and within an annual maturity by lot byDEFINITIONS
giving thirty days' notice of redemption to theItem 14, figure 1 = (Seal)
registered owner of the Bond. The terms ofItem 15, figure 1 = [Signature Block]
redemption shall be par, plus accrued interest toCITY OF DUBUQUE, IOWA
date of call.By:(manual signature)
Notice hereunder may be given by registeredMayor
mail to the owner of record of the Bond at theATTEST:
By:(manual signature)
Regular Session, July 3, 199515
City Clerk(Minor)
Item 16, figure 2 = It is certified that theunder Iowa Uniform Transfers to
following is a correct and complete copy of theMinors Act...................
opinion of bond counsel issued as of the (State)
Date of delivery of the issue of which this Bond isADDITIONAL ABBREVIATIONS MAY ALSO
a part. BE USED THOUGH NOT IN THE ABOVE
(manual/facsimile signature) LIST
City ClerkSection 13. Contract Between Issuer and
[Opinion of Bond Counsel]Purchaser. This Resolution constitutes a contract
Item 17, figure 2 = [Assignment Block] between said City and the purchaser of the Bonds.
[Information Required for Registration]
ASSIGNMENTSection 14. Non-Arbitrage Covenants. The
For value received, the undersigned herebyIssuer reasonably expects and covenants that no
sells, assigns and transfers untouse will be made of the proceeds from the issuance
__________________________ (Social Securityand sale of the Bonds issued hereunder which will
or Tax Identification No. ______________) thecause any of the Bonds to be classified as arbitrage
within Bond and does hereby irrevocablybonds within the meaning of Section 148(a) and
constitute and appoint _________________(b) of the Internal Revenue Code of the United
attorney in fact to transfer the said Bond on theStates, and that throughout the term of said Bonds
books kept for registration of the within Bond,it will comply with the requirements of said statute
with full power of substitution in the premises. and regulations issued thereunder.
DatedTo the best knowledge and belief of the Issuer,
_____________________________________there are no facts or circumstances that would
____materially change the foregoing statements or the
___________________________________conclusion that it is not expected that the proceeds
____of the Bonds will be used in a manner that would
_____________________________________cause the Bonds to be arbitrage bonds. Without
__limiting the generality of the foregoing, the Issuer
(Person(s) executing this Assignment sign(s) here)hereby agrees to comply with the provisions of the
SIGNATURE )Tax Exemption Certificate and the provisions of
GUARANTEED)the Tax Exemption Certificate are hereby
_____________________________incorporated by reference as part of this
IMPORTANT - READ CAREFULLYResolution. The Treasurer is hereby directed to
The signature(s) to this Power must correspondmake and insert all calculations and
with the name(s) as written upon the face of thedeterminations necessary to complete the Tax
certificate(s) or bond(s) in every particular withoutExemption Certificate in all respects and to
alteration or enlargement or any change whatever.execute and deliver the Tax Exemption Certificate
Signature guarantee must be provided inat issuance of the Bonds to certify as to the
accordance with the prevailing standards andreasonable expectations and covenants of the
procedures of the Registrar and Transfer Agent.Issuer at that date.
Such standards and procedures may requireSection 15. Severability Clause. If any
signature to be guaranteed by certain eligiblesection, paragraph, clause or provision of this
guarantor institutions that participate in aResolution be held invalid, such invalidity shall
recognized signature guarantee program.not affect any of the remaining provisions hereof,
INFORMATION REQUIRED FORand this Resolution shall become effective
REGISTRATION OF TRANSFERimmediately upon its passage and approval.
Name of Transferee(s) Section 16. Additional Covenants,
Representations and Warranties of the Issuer. The
Address of Transferee(s)Issuer certifies and covenants with the purchasers
and holders of the Bonds from time to time
Social Security or Tax Identification Numberoutstanding that the Issuer through its officers, (a)
of Transferee(s)will make such further specific covenants,
representations and assurances as may be
Transferee is a(n): necessary or advisable; (b) comply with all
Individual* Corporation representations, covenants and assurances
_contained in the Tax Exemption Certificate, which
Partnership Tax Exemption Certificate shall constitute a part
Trust of the contract between the Issuer and the owners
*If the Bond is to be registered in the names ofof the Bonds; (c) consult with bond counsel (as
multiple individual owners, the names of all suchdefined in the Tax Exemption Certificate); (d) pay
owners and one address and social security numberto the United States, as necessary, such sums of
must be provided.money representing required rebates of excess
The following abbreviations, when used in thearbitrage profits relating to the Bonds; (e) file such
inscription on the face of this Bond, shall beforms, statements and supporting documents as
construed as though written out in full according tomay be required and in a timely manner; and (f) if
applicable laws or regulations:deemed necessary or advisable by its officers, to
TEN COM - as tenants in commonemploy and pay fiscal agents, financial advisors,
TEN ENT - as tenants by the entiretiesattorneys and other persons to assist the Issuer in
JT TEN - as joint tenants with right ofsuch compliance.
survivorship and not as tenants in commonSection 17. Amendment of Resolution to
IA UNIF TRANS MIN ACT -Maintain Tax Exemption. This Resolution may be
..........Custodian..........amended without the consent of any owner of the
(Cust)Bonds if, in the opinion of bond counsel, such
16
Regular Session, July 3, 1995
amendment is necessary to maintain tax exemptionWHEREAS, the Security Agreement entered
with respect to the Bonds under applicable Federalinto by and between the City and FDL dated
law or regulations.December 6, 1982, provides in Paragraph 5(c) that
Section 18. Qualified Tax-Exemptupon written request of FDL from time to time, the
Obligations. For the sole purpose of qualifying theCity agrees to subordinate, by appropriate
Bonds as "Qualified Tax Exempt Obligations"documentation, its security interest in certain
pursuant to the Internal Revenue Code of thecollateral, particularly inventory and accounts
United States, the Issuer designates the Bonds asreceivable, to a bank or other financial institution
qualified tax-exempt obligations and representsor financial entity for the purpose of securing
that the reasonably anticipated amount of taxrepayment of money borrowed by FDL for
exempt governmental and Code Section 501(c)3operating capital under its revolving lines of credit;
obligations which will be issued during the currentand
calendar year will not exceed Ten (10) MillionWHEREAS, on July 6, 1993, the City Council
Dollars.of City upon the request of FDL passed Resolution
Section 19. Repeal of Conflicting ResolutionsNo. 203-93 which authorized the Mayor to sign a
or Ordinances. That all ordinances and resolutionssubordination agreement with Dubuque Foods,
and parts of ordinances and resolutions in conflictInc. and Rochelle Foods, Inc. as creditors of FDL;
herewith are hereby repealed.and
Section 20. That a certified copy of thisWHEREAS, Dubuque Foods, Inc. and
Resolution be filed with the County Auditor ofRochelle Foods, Inc. did not execute the
Dubuque County, Iowa, and that said Auditor besubordination agreement authorized by said
and is hereby instructed in and for each of theResolution No. 203-93, and
years as provided, to levy and assess the tax herebyWHEREAS, FDL has reapplied to the City for
authorized in Section 2 of this Resolution in likea subordination to Dubuque Foods, Inc. and
manner as other taxes are levied and assessed, andRochelle Foods, Inc. as FDL's revolving line of
that such taxes so levied in and for each of thecredit lenders.
years aforesaid be collected in like manner as otherNOW, THEREFORE, BE IT RESOLVED BY
taxes of said City are collected, and whenTHE CITY COUNCIL OF THE CITY OF
collected, be used for the purpose of payingDUBUQUE, IOWA:
principal and interest on said bonds issued inSection 1. That the City Council Resolution
anticipation of said tax, and for no other purposeNo. 203-93 is hereby rescinded.
whatsoever; which action requires a modificationSection 2. That the Mayor of the City of
and change of the levies originally made inDubuque, Iowa, be and he is hereby authorized
accordance with the bond resolution certified toand directed to execute the Subordination
and filed in the Auditor's Office on March 8, 1995.Agreement with Dubuque Foods, Inc. and
Passed, approved and adopted this 3rd day ofRochelle Foods, Inc. a copy of which is attached
July, 1995.hereto and made a part hereof, on behalf of the
Terrance E. Duggan, MayorCity of Dubuque, Iowa.
Attest:Section 3. That the City Clerk of the City of
Mary A. Davis, City ClerkDubuque, Iowa be and she is hereby directed to
Council Member Voetberg moved adoption ofattest said Subordination Agreement, and upon
the Resolution. Seconded by Council Memberexecution, to deliver the original thereof to FDL
Nagle. Carried by the following vote:Foods, Inc.
Yeas—Mayor Duggan, Council MembersPASSED, APPROVED, AND ADOPTED
Kluesner, Krieg, Nagle, Nicholson, Robbins,THIS 3RD DAY OF JULY, 1995.
Voetberg. Nays—None.Terrance M. Duggan, Mayor
Mary Davis, City Clerk
City Manager recommending approval of aCouncil Member Voetberg moved adoption of
subordination agreement with Dubuque Foods,the Resolution. Seconded by Council Member
Inc. and Rochelle Foods, Inc., presented and read.Nagle. Carried by the following vote:
Council Member Voetberg moved that theYeas—Mayor Duggan, Council Members
communication be received and filed. SecondedKluesner, Krieg, Nagle, Nicholson, Robbins,
by Council Member Nagle. Carried by theVoetberg. Nays—None.
following vote: Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Nicholson,City Manager recommending to negotiate and
Robbins, Voetberg. Nays—None.execute contract with ATE for management
services for Keyline Transit Division, presented
and read. Council Member Kluesner moved that
RESOLUTION NO. 238-95
A RESOLUTION RESCINDINGthe communication be received and filed.
RESOLUTION NO. 203-93 ANDSeconded by Council Member Nagle. Carried by
AUTHORIZING AND DIRECTING THEthe following vote: Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
MAYOR TO EXECUTE A
SUBORDINATION AGREEMENT WITHNicholson, Robbins, Voetberg. Nays—None.
DUBUQUE FOODS, INC. AND ROCHELLE
FOODS, INC.RESOLUTION NO. 239-95
WHEREAS, the City of Dubuque, Iowa,Whereas, proposals were solicited from various
("City") and the U.S. Department of Housing andTransit Management firms for providing
Urban Development have heretofore entered intomanagement and related professional services to
a Grant Agreement for an Urban Developmentthe Keyline Transit Division; and
Action Grant, the proceeds of which were loanedWhereas, the firm of ATE Management and
to FDL Foods, Inc. ("FDL") for its renovation andService Company, Inc. of Cincinnati, Ohio
capital improvement project; and
Regular Session, July 3, 199517
provided the best overall proposal for providingYeas—Mayor Duggan, Council Members
said services to Keyline.Kluesner, Krieg, Nagle, Nicholson, Robbins,
NOW, THEREFORE, BE IT RESOLVED BYVoetberg. Nays—None.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:Corporation Counsel advising of language
Section 1. That the City Manager bechange to be included on deed regarding exchange
authorized to negotiate and execute a contract withof Ice Harbor property to Dubuque Casino Belle,
ATE Management and Service Company, Inc. ofInc. and Dubuque County Historical Society,
Cincinnati, Ohio for providing transit managementpresented and read. Council Member Kluesner
and related professional services to the Keylinemoved that the communications be received and
Transit Division.filed. Seconded by Council Member Nagle.
Passed, approved and adopted this 3rd day ofCarried by the following vote: Yeas—Mayor
July, 1995.Duggan, Council Members Kluesner, Krieg,
Terrance M. Duggan, MayorNagle, Nicholson, Robbins, Voetberg.
Attest:Nays—None.
Mary A. Davis, City Clerk
Council Member Kluesner moved adoption ofRESOLUTION NO. 241-95
the Resolution. Seconded by Council MemberNOW, THEREFORE, BE IT RESOLVED BY
Nagle. Carried by the following vote:THE CITY COUNCIL OF THE CITY OF
Yeas—Mayor Duggan, Council MembersDUBUQUE, IOWA:
Kluesner, Krieg, Nagle, Nicholson, Robbins,That the following having complied with the
Voetberg. Nays—None.provisions of law relating to the sale
of Cigarettes within the City of Dubuque, Iowa, be
Proof of Publication certified to by thegranted a permit to sell Cigarettes and Cigarette
Publisher on Notice to Bidders on Receipt of bidsPapers within said City.
for Construction of East 20th Street-RhombergAdmirals Hi-Hat West Inc.Donald Meyers
Avenue Asphalt Resurfacing Project and City253 Main St
Manager recommending to award contract forJFK Amoco FoodshopMulgrew Oil Co.
project, presented and read. Council Member1701 JFK Rd
Kluesner moved that the communications beOky Doky # 21Trans Miss Investment
received and filed. Seconded by Council Member2010 Kerper Bvd
Robbins. Carried by the following vote:Oky Doky # 6TFM Co.
Yeas—Mayor Duggan, Council Members1256 Iowa ST
Kluesner, Krieg, Nagle, Nicholson, Robbins,Oky Doky # 2 TFM Co.
Voetberg. Nays—None.51 W 32nd St
Oky Doky # 1TFM Co.
RESOLUTION NO. 240-95250 W 1st
Sfikas RestaurantGrandma's Pantry, Inc.
AWARDING CONTRACT
Whereas, sealed proposals have been submitted401 Central Ave
by contractors for the E. 20th Street - RhombergTown Clock InnStephanie Nelson
Avenue Asphalt Resurfacing Project pursuant to(MY-CAP)Town Clock Plaza
Resolution No. 198-95 and notice to biddersPassed, approved and adopted this 3rd day of
published in a newspaper published in the City ofJuly, 1995.
Dubuque, Iowa on the 18th day of May, 1995.Terrance M. Duggan, Mayor
Whereas, said sealed proposals were openedAttest:
and read on the 22nd day of June, 1995 and it hasMary A. Davis, City Clerk
been determined that the bid of HorsfieldCouncil Member Kluesner moved adoption of
Construction, Inc. of Epworth, Iowa in the amountthe Resolution. Seconded by Council Member
of $940,039.53 was the lowest bid for theVoetberg. Carried by the following vote:
furnishings of all labor and materials andYeas—Mayor Duggan, Council Members
performing the work as provided for in the plansKluesner, Krieg, Nagle, Nicholson, Robbins,
and specifications.Voetberg. Nays—None.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OFRESOLUTION NO. 242-95
DUBUQUE, IOWA:Whereas, applications for Beer Permits have
That the contract for the above improvement bebeen submitted and filed to this Council for
awarded to Horsfield Construction, Inc. and theapproval and the same have been examined and
Manager be and is hereby directed to execute aapproved; and
contract on behalf of the City of Dubuque for theWhereas, the premises to be occupied by such
complete performance of the work.applicants were inspected and found to comply
BE IT FURTHER RESOLVED:with the Ordinances of this City and have filed
That upon the signing of said contract and theproper bonds.
approval of the contractor's bond, the CityNOW, THEREFORE, BE IT RESOLVED BY
Treasurer is authorized and instructed to return theTHE CITY COUNCIL OF THE CITY OF
bid deposits of the unsuccessful bidders.DUBUQUE, IOWA:
Passed, approved and adopted this 3rd day ofThat the Manager be authorized to cause to be
July, 1995.issued the following named applicants a Beer
Terrance M. Duggan, MayorPermit.
Attest:CLASS "C" BEER PERMIT
Mary A. Davis, City ClerkKristina L. ChapmanOky Doky # 4
Council Member Kluesner moved adoption of+(Sunday Sales)1050 University
the Resolution. Seconded by Council MemberCLASS "BE" BEER PERMIT
Robbins. Carried by the following vote:Jean A. AlthausFamily Beverage Center
18
Regular Session, July 3, 1995
3400 Centralby Council Member Nagle. Carried by the
CLASS "B" BEER PERMIT following vote: Yeas—Mayor Duggan, Council
(5 Day Special Event)Members Kluesner, Krieg, Nagle, Nicholson,
Dubuque JayceesDubuque JayceesRobbins, Voetberg. Nays—None.
(7-21 & 8-25)Town Clock Inn
+(Outdoor Service)
RESOLUTION NO. 244-95
Passed, approved and adopted this 3rd day ofRESOLUTION APPROVING PLAT OF
July 1995PROPOSED VACATED ALLEY EAST OF
Terrance M. Duggan, MayorSTEWART STREET ABUTTING LOTS 15,
Attest:
16 & 17 OF LOETSCHER & TRUEBS
Mary A Davis, City ClerkSUBDIVISION
Council Member Kluesner moved adoption ofWhereas, there has been presented to the City
the Resolution. Seconded by Council MemberCouncil of the City of Dubuque, Iowa, a plat dated
Voetberg. Carried by the following vote:June 8, 1995, prepared by Buesing and Associates
Yeas—Mayor Duggan, Council Membersof Dubuque, Iowa, describing the proposed
Kluesner, Krieg, Nagle, Nicholson, Robbins,vacated alley east of Stewart Street abutting Lots
Voetberg. Nays—None. 15, 16 & 17 of Loetscher & Truebs Subdivision;
and
RESOLUTION NO. 243-95Whereas, said plat conforms to the laws and
Whereas, applications for Liquor Licenses havestatutes pertaining thereto.
been submitted to this Council forNOW, THEREFORE, BE IT RESOLVED BY
approval and the same have been examined andTHE CITY COUNCIL OF THE CITY OF
approved; andDUBUQUE, IOWA:
Whereas, the premises to be occupied by suchSection 1. That the plat dated June 8, 1995
applicants were inspected and found toprepared by Buesing and Associates, relative to the
comply with the State Laws and all Cityreal estate hereinabove described be and the same
Ordinances relevant thereto and they have filed is hereby approved, and the Mayor and City Clerk
proper bonds.be and they are hereby authorized and directed to
NOW, THEREFORE, BE IT RESOLVED BYexecute said plat for and on behalf of the City of
THE CITY COUNCIL OF THE CITY OFDubuque, Iowa.
DUBUQUE, IOWA:Section 2. The City reserves unto itself a
That the Manager be authorized to cause to beperpetual easement including the right of ingress
issued the following named applicantsand egress thereto, for the purpose of erecting,
a Liquor License.installing, constructing, reconstructing, repairing,
CLASS "C" (COMMERCIAL)owning, operating, and maintaining water, sewer,
LIQUOR LICENSEdrainage, gas, telephone, t.v. cable and electric
Jason, Inc.Park Square Tavernlines as may be authorized by the City of
+(Sunday Sales) 600 Central AveDubuque, Iowa.
Creslanes Bowling Inc. Creslanes BowlingInc.Section 3. That the City Clerk be and is hereby
+(Sunday Sales)255 S. Main Stauthorized and directed to file said plat and
Craig J. WeinerWalnut Tapcertified copy of this resolution in the office of the
709 University AveRecorder, in and for Dubuque County, Iowa.
CLASS C "BW" SPECIALPassed, approved and adopted this 3rd day of
BEER/WINE LICENSEJuly, 1995.
Jer-Mo Inc.Floridino's 660 Iowa St Terrance M. Duggan, Mayor
Passed, approved and adopted this 3rd day ofAttest:
July , 1995Mary A. Davis, City Clerk
Terrance M. Duggan, MayorCouncil Member Kluesner moved adoption of
Attest:the Resolution. Seconded by Council Member
Mary A. Davis, City ClerkNagle. Carried by the following vote:
Council Member Kluesner moved adoption ofYeas—Mayor Duggan, Council Members
the Resolution. Seconded by Council MemberKluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Carried by the following vote:Voetberg. Nays—None.
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,An Ordinance Vacating alley located East of
Voetberg. Nays—None. Stewart Street, presented and read.
Rainbo Rides submitting a New Application for
(OFFICIAL PUBLICATION)
a Taxicab Operator Permit, presented and read.ORDINANCE NO. 46-95
Council Member Voetberg moved that this matterORDINANCE VACATING AN ALLEY EAST
be set for Public Hearing on August 7, 1995 atOF STEWART STREET ABUTTING LOTS
7:00 p.m. and that the City Clerk be directed to
15, 16 & 17 OF LOETSCHER & TRUEBS
publish notice in the manner prescribed by law.SUBDIVISION
Seconded by Council Member Nagle. Carried byWhereas, Dan Regan has requested the
the following vote: Yeas—Mayor Duggan,vacating of a portion of an alley east of Stewart
Council Members Kluesner, Krieg, Nagle,Street abutting Lots 15, 16 & 17 of Loetscher &
Nicholson, Robbins, Voetberg. Nays—None.Truebs Subdivision; and
Whereas, Buesing and Associates, Dubuque,
City Manager recommending vacation of anIowa, has prepared and submitted to the City
alley located east of Stewart St., presented andCouncil a plat showing the vacated alley and
read. Council Member Kluesner moved that theassigned lot numbers thereof, which hereinafter
communication be received and filed. Secondedshall be known and described as Lot 15A and Lot
Regular Session, July 3, 199519
16A in Loetscher & Truebs Subdivision in the CitySection 1. That the City of Dubuque intends to
of Dubuque, Dubuque County, Iowa; anddispose of its interest in Lot 15A and Lot 16A in
Whereas, the City Council of the City ofLoetscher & Truebs Subdivision in the City of
Dubuque, Iowa has determined that this alley is noDubuque, Iowa.
longer required for public use, and vacating of saidSection 2. That the conveyance of Lot 15A and
alley known as Lot 15A and 16A in Loetscher &16A in Loetscher & Truebs Subdivision in the City
Truebs Subdivision in the City of Dubuque,of Dubuque, Iowa to Daniel & Carol Regan be
Dubuque County, Iowa, should be approved.contingent upon the payment of $300.00, plus
NOW, THEREFORE, BE IT RESOLVED BYpublication and filing fees.
THE CITY COUNCIL OF THE CITY OFSection 3. The City reserves unto itself a
DUBUQUE, IOWA:perpetual easement including the right of ingress
Section 1. That the real estate described as Lotand egress thereto, for the purpose of erecting,
15A and Lot 16A in Loetscher & Truebsinstalling, constructing, reconstructing, repairing,
Subdivision in the City of Dubuque, Iowa, be andowning, operating, and maintaining water, sewer,
the same is hereby vacated.drainage, gas, telephone, t.v. cable and electric
Section 2. The City reserves unto itself alines as may be authorized by the City of
perpetual easement including the right of ingressDubuque, Iowa.
and egress thereto, for the purpose of erecting,Section 4. That the City Clerk be and is hereby
installing, constructing, reconstructing, repairing,authorized and directed to cause notice of intent to
owning, operating, and maintaining water, sewer,dispose of said real estate to be published in the
drainage, gas, telephone, t.v. cable and electricmanner as prescribed by law.
lines as may be authorized by the City ofPassed, approved and adopted this 3rd day of
Dubuque, Iowa.July, 1995.
Passed, approved and adopted this 3rd day ofTerrance M. Duggan, Mayor
July, 1995.
Terrance M. Duggan, MayorAttest:
Attest:Mary A. Davis, City Clerk
Mary A. Davis, City ClerkCouncil Member Kluesner moved adoption of
Published officially in the Telegraph Heraldthe Resolution and set the matter for public hearing
this 12th day of July, 1995.for July 17, 1995 at 7:00 p.m. in the Public
Library Auditorium and that the City Clerk
1t 7/12Mary A. Davis, City Clerk
Council Member Kluesner moved that thepublish notice in the manner prescribed by law.
requirement that a proposed Ordinance beSeconded by Council Member Nagle. Carried by
considered and voted on for passage at twothe following vote: Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Council Meetings prior to the meeting at which it
is to be finally passed be suspended. Seconded byNicholson, Robbins, Voetberg. Nays—None.
Council Member Nagle. Carried by the following
City Manager submitting documents providing
vote: Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,for bidding process for Olympic Heights Road
Voetberg. Nays—None. Council MemberSanitary Sewer and Water Main Extension,
Kluesner moved final consideration and passage ofpresented and read. Council Member Kluesner
moved that the communication be received and
the Ordinance. Seconded by Council Member
Nagle. Carried by the following vote:filed. Seconded by Council Member Voetberg.
Yeas—Mayor Duggan, Council MembersCarried by the following vote: Yeas—Mayor
Kluesner, Krieg, Nagle, Nicholson, Robbins,Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg.
Voetberg. Nays—None.
Nays—None.
RESOLUTION NO. 245-95
RESOLUTION DISPOSING OF CITYRESOLUTION NO. 246-95
INTEREST IN LOT 15A AND LOT 16A INPRELIMINARY APPROVAL OF
LOETSCHER AND TRUEBS SUBDIVISIONPLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
IN THE CITY OF DUBUQUE, IOWA
THE CITY COUNCIL OF THE CITY OF
Whereas, Dan Regan has requested the
vacating of an alley east of Stewart Street abuttingDUBUQUE, IOWA:
Lots 15, 16 & 17 of Loetscher & TruebsThat the proposed plans, specifications, form of
Subdivision; andcontract and estimated cost for the Olympic
Heights Road Sanitary Sewer and Watermain
Whereas, Buesing and Associates of Dubuque,
Iowa has prepared and submitted to the CityExtension, in the estimated amount of
Council a plat showing the vacated alley and$639,580.02, are hereby approved and ordered
assigned lot numbers thereto, which hereinafterfiled in the office of the City Clerk for public
shall be known and described as Lot 15A and Lotinspection.
16A in Loetscher & Truebs Subdivision in the CityPassed, adopted and approved this 3rd day of
of Dubuque, Iowa; andJuly, 1995.
Terrance M. Duggan, Mayor
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this alley is noAttest:
longer required for public use, and vacating andMary A. Davis, City Clerk
sale of said alley known as Lot 15A and Lot 16ACouncil Member Kluesner moved adoption of
the Resolution. Seconded by Council Member
in Loetscher & Truebs Subdivision in the City of
Dubuque, Dubuque County, Iowa should beVoetberg. Carried by the following vote:
approved.Yeas—Mayor Duggan, Council Members
NOW, THEREFORE, BE IT RESOLVED BYKluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
20
Regular Session, July 3, 1995
RESOLUTION NO. 247-95assessment limits, and in an amount not to exceed
that provided by law, and in proportion to the
FIXING DATE OF HEARING ON
special benefits conferred.
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City ofThe portion of the cost which shall be borne by
Dubuque, Iowa has given its preliminary approvalthe City will be paid from Sewer Construction and
on the proposed plans, specifications, and form ofWater Depreciation Funds and special assessment
contract and placed same on file in the office of thebonds may be issued in anticipation of deferred
City Clerk for public inspection of the Olympicpayments of assessments when a contract has been
Heights Road Sanitary Sewer and Watermainperformed and accepted, and the proceeds thereof
Extension.used to pay the contractor.
NOW THEREFORE, BE IT RESOLVED BYThe above resolution was introduced, approved
THE CITY COUNCIL OF THE CITY OFand ordered placed on file with the City Clerk this
DUBUQUE, IOWA:3rd day of July, 1995.
That on the 7th day of August, 1995, a publicApproved and placed on file for final action.
hearing will be held at 7:00 p.m. in the PublicTerrance M. Duggan, Mayor
Library Auditorium at which time interestedAttest:
persons may appear and be heard for or against theMary A. Davis, City Clerk
proposed plans and specifications, form of contractCouncil Member Kluesner moved adoption of
and cost of said improvement, and the City Clerkthe Resolution. Seconded by Council Member
be and is hereby directed to cause a notice of timeVoetberg. Carried by the following vote:
and place of such hearing to be published in aYeas—Mayor Duggan, Council Members
newspaper having general circulation in the City ofKluesner, Krieg, Nagle, Nicholson, Robbins,
Dubuque, Iowa, which notice shall be not less thanVoetberg. Nays—None.
four days nor more than twenty days prior to the
day fixed for its consideration. At the hearing, any
RESOLUTION NO. 249-95
interested person may appear and file objections toFIXING DATE OF HEARING ON
the proposed plans, specifications, contract, orRESOLUTION OF NECESSITY
estimated cost of the improvement.Whereas, the City Council of the City of
Passed, adopted and approved this 3rd day ofDubuque, Iowa, has given its preliminary approval
July, 1995.on the proposed plans, specifications and form of
Terrance M. Duggan, Mayorcontract and placed same on file in the office of the
Attest:City Clerk for public inspection, for the Olympic
Mary A. Davis, City ClerkHeights Road Sanitary Sewer and Watermain
Council Member Kluesner moved adoption ofExtension, and,
the Resolution. Seconded by Council MemberWhereas, the proposed Resolution of Necessity
Voetberg. Carried by the following vote:for said improvement has been introduced and is
Yeas—Mayor Duggan, Council Membersnow on file in the City Clerk's office for public
Kluesner, Krieg, Nagle, Nicholson, Robbins,inspection.
Voetberg. Nays—None. NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
RESOLUTION NO. 248-95DUBUQUE, IOWA:
RESOLUTION OF NECESSITYThat on the 7th day of August, 1995, a public
Whereas, proposed plans have been dulyhearing will be held at 7:00 o'clock p.m. in the
prepared and approved by the City Council of thePublic Library Auditorium in the City of Dubuque
City of Dubuque and are now on file in the officeat which time the owners of property subject to
of City Clerk showing among other things theassessment for the proposed improvement or any
plans, specifications, form of contract, estimatedother person having an interest in the matter may
cost and preliminary plat and schedule showing theappear and be heard for or against the making of
amount proposed to be assessed against each lotthe improvement, the boundaries of the district, the
and the valuation of each lot as filed by the Citycost, the assessment against any lot, or the final
Council, for the Olympic Heights Road Sanitaryadoption of a resolution of necessity and the City
Sewer and Watermain Extension.Clerk be and is hereby authorized and directed to
NOW THEREFORE, BE IT RESOLVED BYcause a notice of time and place of such hearing to
THE CITY COUNCIL OF THE CITY OFbe published in a newspaper having general
DUBUQUE, IOWA:circulation in the City of Dubuque, Iowa, which
That the City Council deems it advisable andnotice shall be published once each week for two
necessary for the public welfare to make the hereinconsecutive weeks, the first publication of which
mentioned improvements, and unless propertyshall be not less than ten days prior to the day fixed
owners at the time of the final consideration of thisfor its consideration. Unless property owners at the
proposed resolution have on file with the Citytime of the final consideration of this proposed
Clerk objections to the resolution of necessity, theyresolution have on file with the City Clerk
shall be deemed to have waived all objectionsobjections to the Resolution of Necessity they shall
pertaining to the regularity of the proceeding andbe deemed to have waived all objections thereto.
the legality of using the special assessmentPassed, adopted and approved this 3rd day of
procedure.July, 1995.
Said improvements shall be constructed andTerrance M. Duggan, Mayor
done in accordance with the plans andAttest:
specifications which have been approved by theMary A. Davis, City Clerk
City Council and now on file with the City Clerk.Council Member Kluesner moved adoption of
That the cost and expense of making suchthe Resolution. Seconded by Council Member
improvement will be assessed partially or totallyVoetberg. Carried by the following vote:
against privately owned property lying with theYeas—Mayor Duggan, Council Members
Regular Session, July 3, 199521
Kluesner, Krieg, Nagle, Nicholson, Robbins,That on the 17th day of July, 1995, a public
Voetberg. Nays—None. hearing will be held at 7:00 p.m. in the Public
Library Auditorium at which time interested
RESOLUTION NO. 250-95persons may appear and be heard for or against the
proposed plans and specifications, form of contract
RESOLUTION APPROVING
PRELIMINARY SCHEDULE OFand cost of said improvement, and the City Clerk
ASSESSMENTSbe and is hereby directed to cause a notice of time
NOW THEREFORE, BE IT RESOLVED BYand place of such hearing to be published in a
THE CITY COUNCIL OF THE CITY OFnewspaper having general circulation in the City of
DUBUQUE, IOWA:Dubuque, Iowa, which notice shall be not less than
That the attached sheets, 1 to 2 inclusive, arefour days nor more than twenty days prior to the
hereby determined to be the schedule of proposedday fixed for its consideration. At the hearing, any
assessments for the Olympic Heights Roadinterested person may appear and file objections to
Sanitary Sewer Extension and the valuations setthe proposed plans, specifications, contract, or
out herein are hereby approved.estimated cost of the improvement.
Passed, approved and adopted this 3rd day ofPassed, adopted and approved this 3rd day of
July, 1995.July, 1995.
Terrance M. Duggan, MayorTerrance M. Duggan, Mayor
Attest:Attest:
Mary A. Davis, City ClerkMary A. Davis, City Clerk
Council Member Kluesner moved adoption ofCouncil Member Kluesner moved adoption of
the Resolution. Seconded by Council Memberthe Resolution. Seconded by Council Member
Voetberg. Carried by the following vote:Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council MembersYeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None. Voetberg. Nays—None.
City Manager submitting documents providingRESOLUTION NO. 253-95
for bidding process for Hamilton Street SanitaryORDERING BIDS
Sewer Reconstruction project, presented and read.NOW THEREFORE, BE IT RESOLVED BY
Council Member Kluesner moved that theTHE COUNCIL OF THE CITY OF DUBUQUE,
communication be received and filed. SecondedIOWA:
by Council Member Nagle. Carried by theThat the Hamilton Street Sanitary Sewer
following vote: Yeas—Mayor Duggan, CouncilReconstruction is hereby ordered to be advertised
Members Kluesner, Krieg, Nagle, Nicholson,for bids for construction.
Robbins, Voetberg. Nays—None.BE IT FURTHER RESOLVED, that the
amount of the security to accompany each bid shall
be in an amount which shall conform to the
RESOLUTION NO. 251-95
PRELIMINARY APPROVAL OFprovisions of the notice to bidders hereby approved
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 Hamilton Streeta newspaper having general circulation in the City
Sanitary Sewer Reconstruction, in the estimatedof Dubuque, Iowa, which notice shall not be less
amount of $32,219.96, are hereby approved andthan four days nor more than twenty days prior to
ordered filed in the office of the City Clerk forthe receipt of said bids at 2:00 p.m. on the 11th
public inspection.day of July, 1995. Bids shall be opened and read
Passed, adopted and approved this 3rd day ofby the City Clerk at said time and will be
July, 1995.submitted to the Council for final action at 7:00
Terrance M. Duggan, Mayorp.m. on the 17th day of July, 1995.
Attest:Passed, adopted and approved this 3rd day of
Mary A. Davis, City ClerkJuly, 1995.
Council Member Kluesner moved adoption ofTerrance M. Duggan, Mayor
the Resolution. Seconded by Council MemberAttest:
Nagle. Carried by the following vote:Mary A. Davis, City Clerk
Yeas—Mayor Duggan, Council MembersCouncil Member Kluesner moved adoption of
Kluesner, Krieg, Nagle, Nicholson, Robbins,the Resolution. Seconded by Council Member
Voetberg. Nays—None.Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
RESOLUTION NO. 252-95Kluesner, Krieg, Nagle, Nicholson, Robbins,
FIXING DATE OF HEARING ONVoetberg. Nays—None.
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City ofThere being no further business, Council
Dubuque, Iowa has given its preliminary approvalMember Voetberg moved to adjourn. Seconded by
on the proposed plans, specifications, and form ofCouncil Member Nicholson. Carried by the
contract and placed same on file in the office of thefollowing vote: Yeas—Mayor Duggan, Council
City Clerk for public inspection of the HamiltonMembers Kluesner, Krieg, Nagle, Nicholson,
Street Sanitary Sewer Reconstruction.Robbins, Voetberg. Nays—None. Meeting
NOW THEREFORE, BE IT RESOLVED BYadjourned at 8:39 p.m.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
22
Regular Session, July 3, 1995
Mary A. Davis CMC
City Clerk
Approved______________________ , 1996.
Adopted _______________________ , 1996.
____________________________________
Mayor
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
Council Members
Attest:
____________________________________
City Clerk
Board of Health, July 17, 19952
CITY OF DUBUQUE
Approved __________________, 1996.
Adopted ___________________, 1996.
BOARD OF HEALTH
____________________________________
QUARTERLY
Chairperson
MEETING
____________________________________
Board of Health, Regular Quarterly Meeting,
July 17, 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 the Regular Quarterly Session of the City
Board of Health called for the purpose to act upon
____________________________________
such business which may properly come before the
Board.
____________________________________
City Manager recommending approval of new
Board Members
agreement for public health nursing services from
the Visiting Nurses Association (VNA), presented
and read. Board Member Kluesner moved that the
Attest:
communication be received and filed and
recommendation approved. Seconded by Board
____________________________________
Member Robbins. Carried by the following vote:
Secretary, Board of Health
Yeas—Chairperson Duggan, Board Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
City Manager recommending support of a grant
application from the Visiting Nurses Association to
the Iowa Department of Public Health, presented
and read. Board Member Krieg moved that the
communication be received and filed and
application approved. Seconded by Board
Member Nagle. 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
Kluesner moved to adjourn. Seconded by Board
Member Voetberg. Carried by the following vote:
Yeas—Chairperson Duggan, Board Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
Meeting adjourned at 6:58 p.m.
Mary A. Davis, CMC
Secretary, Board of Health
Regular Session, July 17, 19953
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
DUBUQUE
Corporation Counsel advising property damage
claim of R.R. Realty & Computer Doctors, Inc.
CITY COUNCIL
has been referred to Crawford & Company, the
agent for the Iowa Communities Assurance Pool,
presented and read. Council Member Voetberg
OFFICIAL
moved that the communication be received and
filed. Seconded by Council Member Nicholson.
PROCEEDINGS
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg.
Regular City Council Meeting, July 17, 1995
Nays—None.
Council met at 7:00 p.m., Public Library
Auditorium.
Corporation Counsel recommending settlement
Present: Mayor Duggan, Council Members
of car damage claim of Kelly Sullivan Soley in the
Kluesner, Krieg, Nagle, Nicholson, Robbins,
amount of $99.53, presented and read. Council
Voetberg, City Manager Michael Van Milligen,
Member Voetberg moved that the communication
Corporation Counsel Barry A. Lindahl.
be received and filed and approved the settlement
and Finance Director to issue proper check.
Mayor Duggan read the call and stated this is
Seconded by Council Member Nicholson. Carried
the Regular Session of the City Council called for
by the following vote: Yeas—Mayor Duggan,
the purpose to act upon such business which may
Council Members Kluesner, Krieg, Nagle,
properly come before the Council.
Nicholson, Robbins, Voetberg. Nays—None.
Invocation was given by Rev. Kristian Kincaid,
Jason Emmert advising of his resignation,
Pastor of Our Redeemer Lutheran Church.
representing the Youth position, from the
Environmental Stewardship Commission,
PROCLAMATION — July 25 - 30 as
presented and read. Council Member Voetberg
"Dubuque County Fair Week" received by 4-H
moved that the communication be received and
King Scott Tauke and 4-H Queen Laura Vaske.
filed and resignation accepted with regret.
Seconded by Council Member Nicholson. Carried
MINUTES SUBMITTED — Housing
by the following vote: Yeas—Mayor Duggan,
Commission Trust Fund Committee of 6-22;
Council Members Kluesner, Krieg, Nagle,
Human Rights Commission of 6-12; Library
Nicholson, Robbins, Voetberg. Nays—None.
Board of Trustees of 5-25; Zoning Commission of
7-5, presented and read. Council Member
Communication of Robert Bradley and Jean
Voetberg moved that the minutes be received and
Rafoth requesting voluntary annexation of
filed. Seconded by Council Member Nicholson.
property located to the south of 3556 Crescent
Carried by the following vote: Yeas—Mayor
Ridge Rd. and City Manager recommending to
Duggan, Council Members Kluesner, Krieg,
proceed with process regarding above annexation
Nagle, Nicholson, Robbins, Voetberg.
and set 8-7-95 as time to consider request,
Nays—None.
presented and read. Council Member Voetberg
moved that the communications be received and
Certification on publication of City Council
filed. Seconded by Council Member Nicholson.
Meeting of 6-19-95, presented and read. Council
Carried by the following vote: Yeas—Mayor
Member Voetberg moved that the certification be
Duggan, Council Members Kluesner, Krieg,
received and filed. Seconded by Council Member
Nagle, Nicholson, Robbins, Voetberg.
Nicholson. Carried by the following vote:
Nays—None.
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
City Manager recommending approval of
Voetberg. Nays—None.
Services Agreement with Dubuque Humane
Society, presented and read. Council Member
Printed Council Proceedings for approval for
Voetberg moved that the communication be
months of August, September and October, 1994,
received and filed. Seconded by Council Member
presented and read. Council Member Voetberg
Nicholson. Carried by the following vote:
moved that the proceedings be approved as printed.
Yeas—Mayor Duggan, Council Members
Seconded by Council Member Nicholson.
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Carried by the following vote: Yeas—Mayor
Voetberg. Nays—None.
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg.
RESOLUTION NO. 254-95
Nays—None.
APPROVING A PURCHASE OF SERVICES
NOTICES OF CLAIMS/SUITS — Duane Brown
AGREEMENT BETWEEN THE CITY OF
in estimated amount between $500.00 to $700.00
DUBUQUE AND THE DUBUQUE HUMANE
for property damages; John Herrig in amount of
SOCIETY AND AUTHORIZING AND
$1,200 for property damages; Elaine Wickler in
DIRECTING THE MAYOR TO EXECUTE
amount of $105.95 for vehicle damages, presented
SAID AGREEMENT ON BEHALF OF THE
and read. Council Member Voetberg moved that
CITY OF DUBUQUE, IOWA.
the claims and suits be referred to Legal Staff for
Whereas, the City of Dubuque does not operate
investigation and report. Seconded by Council
its own shelter for dogs, cats and other animals
Member Nicholson. Carried by the following vote:
which may be taken up or received pursuant to
Yeas—Mayor Duggan, Council Members
Regular Session, July 17, 1995
4
Article II of Chapter 7 of the Code of OrdinancesSection 2. That the City Manager is hereby
of the City; andauthorized and directed to execute said Agreement
Whereas, the Dubuque Humane Society is anon behalf of the City.
incorporated society for the prevention of crueltyPassed, approved and adopted this 17th day of
of animals and does maintain a shelter for theJuly, 1995.
custody of lost, strayed or homeless dogs, cats, orTerrance M. Duggan, Mayor
other animals and for the disposition and/orAttest:
destruction of such animals not redeemed and/orMary A. Davis, City Clerk
diseased; andCouncil Member Voetberg moved adoption of
Whereas, it is deemed to be in the best interestthe Resolution. Seconded by Council Member
of the City of Dubuque to enter into an agreementNicholson. Carried by the following vote:
with the Dubuque Humane Society to provideYeas—Mayor Duggan, Council Members
animal shelter services for the City.Kluesner, Krieg, Nagle, Nicholson, Robbins,
NOW, THEREFORE, BE IT RESOLVED BYVoetberg. Nays—None.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:City Manager recommending acceptance of
Section 1. That the attached Purchase ofPatent No. 4499 from the State of Iowa conveying
Services Agreement by and between the City ofproperty located on 12th Street to the City,
Dubuque, Iowa and Dubuque Humane Society bepresented and read. Council Member Voetberg
and the same is hereby approved.moved that the communication be received and
Section 2. That the Mayor be and he is herebyfiled. Seconded by Council Member Nicholson.
authorized and directed to execute said AgreementCarried by the following vote: Yeas—Mayor
for and on behalf of the City of Dubuque, Iowa.Duggan, Council Members Kluesner, Krieg,
Passed, approved and adopted this 17th day ofNagle, Nicholson, Robbins, Voetberg.
July, 1995.Nays—None.
Terrance M. Duggan, Mayor
Attest:
RESOLUTION NO. 256-95
Mary A. Davis, City ClerkA RESOLUTION ACCEPTING
Council Member Voetberg moved adoption ofCONVEYANCE OF A PARCEL OF LAND
the Resolution. Seconded by Council MemberLOCATED IN CITY LOT 502 IN THE CITY
Nicholson. Carried by the following vote:
OF DUBUQUE, DUBUQUE COUNTY,
Yeas—Mayor Duggan, Council MembersIOWA, AS SHOWN ON RIGHT-OF-WAY
Kluesner, Krieg, Nagle, Nicholson, Robbins,PLAT EXHIBIT "A" ATTACHED HERETO
Voetberg. Nays—None.Whereas, the City of Dubuque, in consideration
of mutual benefit is desirous of obtaining a parcel
City Manager recommending approval ofof land located in City Lot 502 in the City of
funding agreement with Dubuque Main Street,Dubuque, Dubuque County, Iowa as shown on
Ltd., presented and read. Council Memberright-of-way plat Exhibit "A" attached hereto; and
Voetberg moved that the communication beWhereas, the State of Iowa has executed Patent
received and filed. Seconded by Council Member#4499 conveying said right-of-way to the City of
Nicholson. Carried by the following vote:Dubuque, Iowa.
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:
Rhodes (Bud) Isenhart spoke to the Agreement,Section 1. That the City Council of the City of
stressing impact on other governmental entities. Dubuque, Iowa hereby approves of, accepts and
consents to Patent #4499 from the Iowa
RESOLUTION NO. 255-95Department of Transportation conveying a parcel
of land located in City Lot 502 in the City of
RESOLUTION APPROVING A FUNDING
AGREEMENT BETWEEN THE CITY OFDubuque, Dubuque County, Iowa, as shown on
DUBUQUE AND DUBUQUE MAINright-of-way plat Exhibit "A" attached hereto and
STREET, LTD. AND AUTHORIZING ANDby reference made a part hereof. Said parcel is
more particularly described as follows:
DIRECTING THE CITY MANAGER TO
EXECUTE SAID AGREEMENT ONCommencing at the NW'erly corner of the east
BEHALF OF THE CITY OF DUBUQUE,540 feet of City Lot 502 and of Block 1 in
IOWARiver Front Subdivision No. 2, City of
Whereas, The City of Dubuque has negotiatedDubuque, Dubuque County, Iowa; thence
with Dubuque Main Street, Ltd. to provide andS66E38 1/2'W, 18.95 feet along the north line
implement a downtown revitalization program;of said City Lot 502, to the Point of Beginning;
and along a 50.00 foot radius curve, concave
Whereas, the terms and conditions under whichnortherly and having a chord bearing N66E38
Dubuque Main Street, Ltd. will be funded for1/2'E, 98.14 feet, to the Point of Beginning,
providing such services are set forth in a Fundingcontaining 2974 square feet, more or less.
Agreement, a copy of which is attached hereto andSection 2. That the City Clerk be and is hereby
by this reference made a part thereof; authorized and directed to file a copy of this
NOW, THEREFORE, BE IT RESOLVED BYresolution in the office of the Recorder in and for
THE CITY COUNCIL OF THE CITY OFDubuque County, Iowa.
DUBUQUE, IOWA:Passed, approved and adopted this 17th day of
Section 1. That the attached FundingJuly, 1995.
Agreement by and between the City of DubuqueTerrance M. Duggan, Mayor
and the Dubuque Main Street, Ltd. is herebyAttest:
approved.Mary A. Davis, City Clerk
Regular Session, July 17, 19955
Council Member Voetberg moved adoption of
ON THE HAWTHORNE STREET
the Resolution. Seconded by Council MemberPENINSULA.
Nicholson. Carried by the following vote:Whereas, the Iowa Department of Natural
Yeas—Mayor Duggan, Council MembersResources has Marine Fuel Tax Funds available to
Kluesner, Krieg, Nagle, Nicholson, Robbins,develop and maintain water access projects; and
Voetberg. Nays—None.Whereas, the City of Dubuque has an adopted
Riverfront Plan that places a high priority on
City Manager recommending approval ofimprovements to the Hawthorne Street Peninsula;
Supplement No. 25 to the Code of Ordinances,and
presented and read. Council Member VoetbergWhereas, the City of Dubuque recognizes the
moved that the communication be received andrecreational potential of the Hawthorne Street
filed. Seconded by Council Member Nicholson.Peninsula.
Carried by the following vote: Yeas—MayorNOW THEREFORE, BE IT RESOLVED BY
Duggan, Council Members Kluesner, Krieg,THE CITY COUNCIL OF THE CITY OF
Nagle, Nicholson, Robbins, Voetberg.DUBUQUE, IOWA:
Nays—None.Section 1. That the Planning Services Manager
is hereby authorized to submit this application for
RESOLUTION NO. 257-95$101,750 in Marine Fuel Tax Funds to the Iowa
Department of Natural Resources (IDNR).
ADOPTING SUPPLEMENT NO. 25 TO THE
Section 2. That the City Manager is hereby
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWAauthorized to utilize budgeted Capital
Whereas, under date of July 17, 1989, the CityImprovement Program funds to provide the local
Council, pursuant to Ordinance No. 34-89,match required for this project, if approved by
readopted the Code of Ordinances of the City ofIDNR.
Dubuque, Iowa for ordinances adopted up to andPassed, approved and adopted this 17th day of
including December 19, 1988; andJuly, 1995.
Whereas, since December 19, 1988 the CityTerrance M. Duggan, Mayor
Council of the City of Dubuque, Iowa has adoptedAttest:
certain ordinances amending the Code ofMary A. Davis, City Clerk
Ordinances and said amendments have beenCouncil Member Voetberg moved adoption of
printed as supplements to the Code of Ordinances;the Resolution. Seconded by Council Member
andNicholson. Carried by the following vote:
Whereas, Section 380.8 of the Code ofYeas—Mayor Duggan, Council Members
Ordinances provides that supplements, byKluesner, Krieg, Nagle, Nicholson, Robbins,
resolution, become part of the Code of Ordinances.Voetberg. Nays—None.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OFCity Manager recommending approval of
DUBUQUE, IOWA:Agreement between the City and General Drivers
Section 1. That Supplement No. 25 of the& Helpers Union Local #421 for FY'96, presented
Code of Ordinances of the City of Dubuque, Iowa,and read. Council Member Voetberg moved that
covering Ordinances through Ordinance No. 35-95the communication be received and filed.
enacted through May 15, 1995 and prepared bySeconded by Council Member Nicholson. Carried
the Sterling Codifers, Inc., Weiser, ID hereto filedby the following vote: Yeas—Mayor Duggan,
in the Office of the City Clerk of the City ofCouncil Members Kluesner, Krieg, Nagle,
Dubuque, Iowa be and is hereby adopted andNicholson, Robbins, Voetberg. Nays—None.
becomes part of the Code of Ordinances of the City
of Dubuque, Iowa.RESOLUTION NO. 259-95
Passed, approved and adopted this 17th day ofRESOLUTION APPROVING THE
July, 1995.
AGREEMENT BETWEEN THE CITY OF
Terrance M. Duggan, MayorDUBUQUE, IOWA AND THE GENERAL
Attest:DRIVERS AND HELPERS UNION, LOCAL
Mary A. Davis, City Clerk#421, AND AUTHORIZING THE MAYOR
Council Member Voetberg moved adoption of
TO SIGN THE AGREEMENT
the Resolution. Seconded by Council MemberWhereas, the Sixty-Fifth General Assembly
Nicholson. Carried by the following vote:adopted the Public Employment Relations Act,
Yeas—Mayor Duggan, Council MembersChapter 20, Code of Iowa; and
Kluesner, Krieg, Nagle, Nicholson, Robbins,Whereas, the City of Dubuque is a public
Voetberg. Nays—None.employer within the meaning of Section 3 (1) of
the Public Employment Relations Act; and
City Manager recommending an application forWhereas, the General Drivers and Helpers
Marine Fuel Tax Funds, presented and read.Union, Local #421, is an employee organization
Council Member Voetberg moved that thewithin the meaning of Section 3 (4) of the Public
communication be received and filed. SecondedEmployment Relations Act; and
by Council Member Nicholson. Carried by theWhereas, the General Drivers and Helpers
following vote: Yeas—Mayor Duggan, CouncilUnion, Local #421, submitted a request to bargain
Members Kluesner, Krieg, Nagle, Nicholson,collectively on behalf of the employees within its
Robbins, Voetberg. Nays—None.representation; and
Whereas, bargaining between the parties has
RESOLUTION NO. 258-95occurred and an agreement has been concluded.
RESOLUTION AUTHORIZINGNOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
APPLICATION FOR MARINE FUEL TAX
DUBUQUE, IOWA:
FUNDS FOR A WATER ACCESS PROJECT
Regular Session, July 17, 1995
6
Section 1. That the terms of the Agreement belines as may be authorized by the City of
approved and the Mayor authorized and directed toDubuque, Iowa.
sign the collective bargaining agreement.Section 3. That the Mayor be authorized and
Passed, approved and adopted this 17th day ofdirected to execute a Quit Claim Deed, and the
July, 1995.City Clerk be and is hereby authorized and
Terrance M. Duggan, Mayordirected to deliver said deed of conveyance to the
Attest:above named grantees upon receipt of the purchase
Mary A. Davis, City Clerkprice in full.
Council Member Voetberg moved adoption ofSection 4. That the City Clerk be and is hereby
the Resolution. Seconded by Council Memberauthorized and directed to record a certified copy
Nicholson. Carried by the following vote:of this resolution in the office of the City Assessor,
Yeas—Mayor Duggan, Council MembersDubuque County Recorder and the Dubuque
Kluesner, Krieg, Nagle, Nicholson, Robbins,County Auditor.
Voetberg. Nays—None.Passed, approved and adopted this 17th day of
July, 1995.
Council Member Nagle moved that it beTerrance M. Duggan, Mayor
resolved to suspend the rules to allow anyoneAttest:
present to address the Council if they so desire. Mary A. Davis, City Clerk
Seconded by Council Member Robbins. CarriedCouncil Member Robbins moved adoption of
by the following vote: Yeas—Mayor Duggan,the Resolution. Seconded by Council Member
Council Members Kluesner, Krieg, Nagle,Nagle. Carried by the following vote:
Nicholson, Robbins, Voetberg. Nays—None.Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Proof of Publication certified to by theVoetberg. Nays—None.
Publisher on Notice of Public Hearing to dispose
of City's Interest in real estate located near StewartProof of Publication certified to by the
Street and City Manager recommending approvalPublisher on Notice of Pubic Hearing to dispose of
to dispose of property to Daniel and Carol Regan,City's interest in real estate located at 16th &
presented and read. Council Member RobbinsKerper Blvd. and City Manager recommending
moved that the proof and communication beapproval to dispose of property to Phillip Ruppel,
received and filed. Seconded by Council Memberpresented and read. Council Member Nagle
Nagle. Carried by the following vote:moved that the proof and communication be
Yeas—Mayor Duggan, Council Membersreceived and filed. Seconded by Council Member
Kluesner, Krieg, Nagle, Nicholson, Robbins,Nicholson. Carried by the following vote:
Voetberg. Nays—None. Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
RESOLUTION NO. 260-95Voetberg. Nays—None.
Whereas, pursuant to resolution and published
notice of time and place of hearing, published inRESOLUTION NO. 261-95
the Telegraph Herald, a newspaper of generalRESOLUTION DISPOSING OF INTEREST
circulation published in the City of Dubuque, IowaIN REAL PROPERTY AT THE
on the 7th day of July, 1995, the City Council of
NORTHWEST CORNER OF EAST 16TH
the City of Dubuque, Iowa met on the 17th day ofSTREET AND KERPER BOULEVARD BY
July, 1995, at 7:00 p.m. in the Public LibraryTHE CITY OF DUBUQUE, IOWA
Auditorium, 11th and Locust, Dubuque, DubuqueWhereas, pursuant to Resolution and published
County, Iowa to consider the proposal for the salenotice of the time and place of hearing, published
of real estate described as:in the Telegraph Herald, a newspaper of general
Lot 15A & 16A in Loetscher & Truebscirculation published in the City of Dubuque,
Subdivision in the City of Dubuque, Iowa toIowa, on the 7th day of July, 1995, the City
Daniel & Carol Regan; andCouncil of the City of Dubuque, Iowa met on the
Whereas, the City Council of the City of17th day of July, 1995 at 7:00 o'clock p.m. in the
Dubuque, Iowa overruled any and all objections,Public Library Auditorium, 11th and Bluff,
oral or written, to the proposal to dispose ofDubuque, Iowa, to consider the disposal of the
interest of the City of Dubuque, Iowa in theCity's interest in real property known as:
hereinabove described real estate to Daniel &Lot 1 Riverfront Subdivision No. 4; and
Carol Regan.Whereas, the City Council overruled any and
NOW, THEREFORE, BE IT RESOLVED BYall objections, oral or written, to the disposal of
THE CITY COUNCIL OF THE CITY OFsuch interest in the above-described real property;
DUBUQUE, IOWA:and
Section 1. That the disposal of the interest ofWhereas, the City Council has been presented
the City of Dubuque, Dubuque County, Iowa inand hereby approves an Offer to Buy Real Estate
real property described as Lot 15A & 16A inand Acceptance dated July 17, 1995 which Offer
Loetscher & Truebs Subdivision in the City ofis from Phillip A. Ruppel with regard to the above-
Dubuque, Iowa to Daniel & Carol Regan, be anddescribed real property.
the same is hereby approved for the sum ofNOW, THEREFORE, BE IT RESOLVED BY
$300.00, plus publication and filing fees;THE CITY COUNCIL OF THE CITY OF
conveyance shall be by Quit Claim Deed.DUBUQUE, IOWA:
Section 2. The City reserves unto itself aSection 1. That the disposal of the interest of
perpetual easement including the right of ingressthe City of Dubuque, Iowa, in the above-described
and egress thereto, for the purpose of erecting,real property as provided in the Offer to Buy dated
installing, constructing, reconstructing, repairing,July 17, 1995, is hereby approved.
owning, operating, and maintaining water, sewer,Section 2. That the Mayor is authorized and
drainage, gas, telephone, t.v. cable and electricdirected to execute acceptance of said Offer and to
Regular Session, July 17, 19957
execute deeds conveying the City's interest in LotMembers Kluesner, Krieg, Nagle, Nicholson,
1 Riverfront Subdivision No. 4 in the City ofRobbins, Voetberg. Nays—None.
Dubuque, Iowa to Phillip A. Ruppel in the amount
of $247,500.00 in accordance with the terms andRESOLUTION NO. 263-95
conditions of said Offer.
AWARDING CONTRACT
Section 3. That the City Clerk is authorizedWhereas, sealed proposals have been submitted
and directed to record a certified copy of thisby contractors for the Hamilton Street Sanitary
Resolution in the offices of the City Assessor,Sewer Reconstruction pursuant to Resolution No.
Dubuque County Recorder, and the Dubuque253-95 and notice to bidders published in a
County Auditor.newspaper published in the City of Dubuque, Iowa
Passed, approved and adopted this 17th day ofon the 6th day of July, 1995.
July, 1995.Whereas, said sealed proposals were opened
Terrance M. Duggan, Mayorand read on the 11th day of July, 1995 and it has
Attest:been determined that the bid of Horsfield
Mary A. Davis, City ClerkConstruction, Inc. of Epworth, Iowa in the amount
Council Member Nagle moved adoption of theof $28,428.37 was the lowest bid for the
Resolution. Seconded by Council Memberfurnishings of all labor and materials and
Nicholson. Carried by the following vote:performing the work as provided for in the plans
Yeas—Mayor Duggan, Council Membersand specifications.
Kluesner, Krieg, Nagle, Nicholson, Robbins,NOW THEREFORE, BE IT RESOLVED BY
Voetberg. Nays—None.THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Proof of Publication certified to by theThat the contract for the above improvement be
Publisher on Notice of Hearing on Plans andawarded to Horsfield Construction, Inc. and the
Specifications for Hamilton Street Sanitary SewerManager be and is hereby directed to execute a
Reconstruction project, presented and read.contract on behalf of the City of Dubuque for the
Council Member Nagle moved that the proof becomplete performance of the work.
received and filed. Seconded by Council MemberBE IT FURTHER RESOLVED:
Nicholson. Carried by the following vote:That upon the signing of said contract and the
Yeas—Mayor Duggan, Council Membersapproval of the contractor's bond, the City
Kluesner, Krieg, Nagle, Nicholson, Robbins,Treasurer is authorized and instructed to return the
Voetberg. Nays—None.bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 17th day of
July, 1995.
RESOLUTION NO. 262-95
Terrance M. Duggan, Mayor
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONSAttest:
Whereas, on the 28th day of July, 1995, plans,Mary A. Davis, City Clerk
specifications, form of contract and estimated costCouncil Member Nagle moved adoption of the
were filed with the City Clerk of Dubuque, IowaResolution. Seconded by Council Member
for the Hamilton Street Sanitary SewerNicholson. Carried by the following vote:
Reconstruction.Yeas—Mayor Duggan, Council Members
Whereas, notice of hearing on plans,Kluesner, Krieg, Nagle, Nicholson, Robbins,
specifications, form of contract, and estimated costVoetberg. Nays—None.
was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
BOARDS AND COMMISSIONS
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:AIRPORT COMMISSION
One Six-year term to expire 9-14-01.
That the said plans, specifications, form ofApplicants: John M. Bierie, Douglas Brotherton,
contract and estimated cost are hereby approved asand Jeffrey Paar. Douglas Brotherton & John
the plans, specifications, form of contract andBierie spoke requesting appointment.
estimated cost for said improvements for saidVote on the appointment was as follows: Mayor
project.Duggan voted for Bierie. Council Member
Passed, adopted and approved this 17th day ofKluesner voted for Brotherton. Council Member
July, 1995.Krieg voted for Brotherton. Council Member
Terrance M. Duggan, MayorNagle voted for Brotherton. Council Member
Attest:Nicholson voted for Brotherton. Council Member
Mary A. Davis, City ClerkRobbins voted for Bierie. Council Member
Council Member Nagle moved adoption of theVoetberg voted for Brotherton. Therefore,
Resolution. Seconded by Council MemberDouglas Brotherton appointed to the Airport
Nicholson. Carried by the following vote:Commission for a six-year term which will expire
Yeas—Mayor Duggan, Council MembersSeptember 14, 2001.
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
BOARD OF APPEALS
Proof of Publication certified to by the(BUILDING CODE):
Publisher on Notice to Bidders on Receipt of BidsOne unexpired term to expire 8-1-96
and City Manager recommending to award(representing At Large); Two three-year terms to
contract for project, presented and read. Councilexpire 8-1-98 (representing Architect/Engineer and
Member Nagle moved that the proof andJourneyman Carpenter). Applicant: F. James Kolf.
communication be received and filed. SecondedCouncil Member Voetberg moved that James Kolf
by Council Member Nicholson. Carried by thebe appointed to the Building Code Board of
following vote: Yeas—Mayor Duggan, CouncilAppeals, representing the Architect/Engineer
vacancy, for a three year term which will expire
Regular Session, July 17, 1995
8
August 1, 1998. Seconded by Council Member
TV CABLE REGULATORY
Nicholson. Carried by the following vote:COMMISSION:
Yeas—Mayor Duggan, Council MembersThree three-year terms to expire June 30, 1998.
Kluesner, Krieg, Nagle, Nicholson, Robbins,Applicant: Craig Schaefer, Gil Boultinghouse.
Voetberg. Nays—None.Vote on the appointments was as follows: Mayor
Duggan voted for Boultinghouse and Schaefer.
CIVIC CENTER COMMISSION:Council Member Kluesner voted for
Three 3-year terms to expire 6-29-98.Boultinghouse and Schaefer.
Applicants: Rod Bakke, David Bonnett, MichaelCouncil Member Krieg voted for Boultinghouse
Brannon, Steve Sesterhenn. Vote on theand Schaefer. Council Member Nagle voted for
appointments was as follows: Mayor DugganBoultinghouse and Schaefer. Council Member
voted for Bakke, Bonnett, Brannon. CouncilNicholson voted for Boultinghouse and Schaefer.
Member Kluesner voted for Bakke, Bonnett,Council Member Robbins voted for Boultinghouse
Brannon. Council Member Krieg voted for Bakke,and Schaefer. Council Member Voetberg voted for
Bonnett, Brannon. Council Member Nagle votedBoultinghouse and Schaefer. Therefore, Gil
for Bakke, Bonnett, Brannon. Council MemberBoultinghouse reappointed and Craig Schaefer
Nicholson voted for Bakke, Bonnett, Brannon.appointed to three year terms which will expire 6-
Council Member Robbins voted for Bakke,30-98.
Bonnett, Brannon. Council Member Voetberg
voted for Bakke, Bonnett, Brannon. Therefore,
TV CABLE TELEPROGRAMMING
Rod Bakke, David Bonnett and Michael BrannonCOMMISSION:
appointed to three year terms on the Five Flags No appointments made.
Civic Center Commission, which terms will expire
June 29, 1998.TABLED FROM COUNCIL MEETING OF 7-3-
95
HISTORIC PRESERVATIONCity Manager submitting revised Ordinance
regarding consumption of Alcoholic Liquors in
COMMISSION:
One unexpired term to expire July 1, 1997Four Mounds Park, presented and read. Council
(representing Cathedral Dis.); One three- yearMember Kluesner moved that this item be removed
term to expire July 1, 1998 (representing Jacksonfrom the table. Seconded by Council Member
Park). Applicants: Michael Anderson (CathedralRobbins. Carried by the following vote:
Dis.) and Charlene Crall (Jackson Park). CouncilYeas—Mayor Duggan, Council Members
Member Voetberg moved that Michael AndersonKluesner, Krieg, Nagle, Nicholson, Robbins,
be appointed to represent the Cathedral Dis. to fillVoetberg. Nays—None. Council Member
the term to expire July 1, 1997 and Charlene CrallKluesner moved that the communication be
be appointed to represent the Jackson Park Dis. toreceived and filed. Seconded by Council Member
fill the term to expire July 1, 1998 on the HistoricNagle. Carried by the following vote:
Preservation Commission. Seconded by CouncilYeas—Mayor Duggan, Council Members
Member 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.An Ordinance Amending Code of Ordinances
by adopting in lieu thereof a new Section 34-52(a)
LIBRARY BOARD:prohibiting the consumption or use of alcoholic
Three six year terms to expire 7-1-2001.liquors or wine in any public park, except for Four
Applicants: Steven Augspurger, Jane Dusil, LorriMounds Park (Allowed at an event sponsored or
Regan, Brian Southwood, Ed Vandermillen, Teriexpressly approved by the Four Mounds
Zuccaro. Mayor Duggan appointed StevenFoundation), presented and read.
Augspurger, Jane Dusil and Brian Southwood to
the Library Board for six year terms which willORDINANCE NO. 47-95
expire July 1, 2001. Council concurred with theAN ORDINANCE AMENDING SECTION
appointments.34-52(a) OF THE CITY OF DUBUQUE
CODE OF ORDINANCES PROHIBITING
PARK & RECREATIONTHE CONSUMPTION OR USE OF
COMMISSION:ALCOHOLIC LIQUORS OR WINE IN ANY
Three 3-Year terms to expire 6-30-98.PUBLIC PARK BY REPEALING SAID
Applicants: Tom Blocklinger, Lon Boike, Karen
SECTION AND ADOPTING IN LIEU
Lyness, Paul Hoffman, Mark Sullivan. Vote onTHEREOF A NEW SECTION 34-52(a)
the appointments was as follows: Mayor DugganPROHIBITING THE CONSUMPTION OR
voted for Lyness, Hoffman, Sullivan. Council
USE OF ALCOHOLIC LIQUORS OR WINE
Member Kluesner voted for Blocklinger, Lyness,IN ANY PUBLIC PARK, EXCEPT FOR
Hoffman. Council Member Krieg voted forFOUR MOUNDS PARK.
Lyness, Hoffman, Sullivan. Council MemberNOW, THEREFORE, BE IT ORDAINED BY
Nagle voted for Lyness, Hoffman, Sullivan.THE CITY COUNCIL OF THE CITY OF
Council Member Nicholson voted for Lyness,DUBUQUE, IOWA:
Hoffman, Sullivan. Council Member RobbinsSection 1. Section 34-52(a) of the City of
voted for Lyness, Hoffman, Sullivan. CouncilDubuque Code of Ordinances is hereby repealed,
Member Voetberg voted for Lyness, Hoffman,and the following new Section 34-52(a) is hereby
Sullivan. Therefore, Karen Lyness, Pauladopted in lieu thereof:
Hoffmann, D.D.S., and Mark Sullivan,(a)The consumption or use of
reappointed to three year terms on the Park and"alcoholic liquors" or "wine" as
Recreation Commission which will expire 6-30-defined by Chapter 123 of the Code
98.of Iowa or any type of wine product
Regular Session, July 17, 19959
is prohibited in any public park orCity Manager requesting direction regarding
park and recreational facility,the petition from W. 11th Street Neighborhood to
including park roadways andinclude seven streets in the City's Five Year
parking lots. This paragraph shallCapital Improvement Program, presented and read.
not apply, however, to the Steve Efken, 596 W. 11th St., on behalf of the W.
consumption or use of alcoholic11th St. Neighborhood, spoke requesting repairs as
liquors or wine in Four Mounds Parksoon as possible. Doug Spyrison, 1295 Grove
at an event sponsored or expresslyTerrace, requested that bricks be used. No motion
approved by the Four Moundsgiven on this matter.
Foundation.Dubuque Racing Association requesting
Passed, approved and adopted this 17th day ofexpenditure from the Depreciation and
July, 1995.Improvement Funds to rebuild the front entrance to
Terrance M. Duggan, Mayorthe Dubuque Greyhound Park facility and City
Attest:Manager recommending approval of request in an
Mary A. Davis, City Clerkamount not to exceed $40,000, presented and read.
Bruce Wentworth spoke to the request, stating this
Published officially in the Telegraph Herald
this 25th day of July, 1995.is ground settlement that has been a continuing
1t 7/25 Mary A. Davis, City Clerkproblem.
Council Member Kluesner moved that theCouncil Member Voetberg moved that the
communications be received and filed and
requirement that a proposed Ordinance be
considered and voted on for passage at tworecommendation approved. Seconded by Council
Council Meetings prior to the meeting at which itMember Nicholson. Carried by the following vote:
is to be finally passed be suspended. Seconded byYeas—Mayor Duggan, Council Members
Council Member Nagle. Carried by the followingKluesner, Nagle, Nicholson, Robbins, Voetberg.
vote: Yeas—Mayor Duggan, Council MembersNays—None. Abstain—Council Member Krieg.
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Dubuque Racing Association requesting
Voetberg. Nays—None.
Council Member Kluesner moved finalapproval to borrow $6,000,000 to install slot
consideration and passage of the Ordinance. machines at the facility and City Manager
Seconded by Council Member Nagle. Carried byrecommending approval of DRA's request,
presented and read. Bruce Wentworth of the DRA
the following vote: Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,spoke to the request. Council Member Kluesner
Nicholson, Robbins, Voetberg. Nays—None.moved that the communication be received and
filed and recommendation approved. Seconded by
Council Member Robbins. Carried by the
TABLED FROM COUNCIL MEETING
OF 7-3-95:following vote: Yeas—Mayor Duggan, Council
Corporation Counsel submitting OrdinanceMembers Kluesner, Nagle, Nicholson, Robbins,
Voetberg. Nays—None. Abstain—Council
regarding insurance requirements for taxicab
operator's permit, presented and read. CouncilMember Krieg.
Member Kluesner moved that this matter be
removed from the table. Seconded by CouncilCity Manager recommending to have a
professional appraisal done for the Dubuque Yacht
Member Nicholson. Carried by the following vote:
Yeas—Mayor Duggan, Council MembersBasin Lease property at an est. cost of $4,500,
Kluesner, Krieg, Nagle, Nicholson, Robbins,presented and read. Attorney Art Gilloon, spoke
Voetberg. Nays—None. Council Memberon behalf of Don and Helen Shanley, requesting
renewal of their lease.
Kluesner moved that the communication be
received and filed. Seconded by Council MemberCouncil Member Nicholson moved that the
Voetberg. Carried by the following vote:communication be received and filed and instruct
Staff to accept conditions of lease and require
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,Shanley to notify City sixty days in advance of
Voetberg. Nays—None.next expiration on intent to renew lease. Seconded
An Ordinance Amending Code of Ordinancesby Council Member Robbins. Carried by the
following vote: Yeas—Mayor Duggan, Council
by adopting in lieu thereof a new Section 46-34
providing for insurance requirements for theMembers Kluesner, Nagle, Nicholson, Robbins,
issuance of a taxi cab operator's permit, presentedVoetberg. Nays—Council Member Krieg.
and read. Council Member Kluesner moved that
Petition from Debra Heim, containing 430
the requirement that a proposed Ordinance be
considered and voted on for passage at twosignatures, requesting to address the Council
Council Meetings prior to the meeting at which itregarding camping fees to be charged at Miller
is to be finally passed be suspended. Seconded byRiverview Park during Thunderfest Days, Verbal
Council Member Voetberg. Carried by therequest from Mary Miller to address Council on
following vote: Yeas—Mayor Duggan, Councilsame matter and City Manager responding to
Members Kluesner, Krieg, Nagle, Nicholson,rental of Riverview Park campgrounds for the
Thunderfest event, presented and read.
Robbins, Voetberg. Nays—None. Council
Member Voetberg moved final consideration andDebra Heim, Rod Tschiggfrie, Ed Tschiggfrie,
passage of the Ordinance. Seconded by Counciland Mary Miller spoke concerning this matter.
Member Nicholson. No vote taken on this motion.Council Member Kluesner moved that the
petition and communication be received and filed.
Council Member Robbins moved to table this
matter once again. Seconded by Council MemberSeconded by Council Member Nicholson. Carried
Nicholson. Carried by the following vote:by the following vote: Yeas—Mayor Duggan,
Yeas—Mayor Duggan, Council Members Nagle,Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Nicholson, Robbins, Voetberg. Nays—Council
Members Kluesner, Krieg.
Regular Session, July 17, 1995
10
City Manager submitting Legislative PolicyAttest:
Issues for the 1996 Legislative Session, presentedMary A Davis, City Clerk
and read. Council Member Nagle moved that theCouncil Member Kluesner moved adoption of
communication be received and filed. Secondedthe Resolution. Seconded by Council Member
by Council Member Nicholson. Carried by theRobbins. Carried by the following vote:
following vote: Yeas—Mayor Duggan, CouncilYeas—Mayor Duggan, Council Members
Members Kluesner, Krieg, Nagle, Nicholson,Kluesner, Krieg, Nagle, Nicholson, Robbins,
Robbins, Voetberg. Nays—None.Voetberg. Nays—None.
RESOLUTION NO. 264-95RESOLUTION NO. 266-95
NOW, THEREFORE, BE IT RESOLVED BYWhereas, applications for Liquor Licenses have
THE CITY COUNCIL OF THE CITY OFbeen submitted to this Council for
DUBUQUE, IOWA:approval and the same have been examined and
That the following having complied with theapproved; and
provisions of law relating to the saleWhereas, the premises to be occupied by such
of Cigarettes within the City of Dubuque, Iowa, beapplicants were inspected and found to
granted a permit to sell Cigarettes and Cigarettecomply with the State Laws and all City
Papers within said City.Ordinances relevant thereto and they have filed
Wal-Mart Store Inc.Wal-Mart Store Inc.proper bonds.
4200 Dodge StNOW, THEREFORE, BE IT RESOLVED BY
Dodge House Motel CorpBette HellingTHE CITY COUNCIL OF THE CITY OF
701 Dodge StDUBUQUE, IOWA:
Passed, approved and adopted this 17th day ofThat the Manager be authorized to cause to be
July, 1995.issued the following named applicants
Terrance M. Duggan, Mayora Liquor License.
Attest:CLASS "C" (COMMERCIAL)
Mary A. Davis, City ClerkBEER & LIQUOR LICENSE
Council Member Kluesner moved adoption ofCity of DubuqueDBQ 5-Flags
the Resolution. Seconded by Council Member +(Sunday Sales)405 Main St
Robbins. Carried by the following vote:Ethel K. SchwartzAirport Inn
Yeas—Mayor Duggan, Council Members +(Sunday Sales)574 E. 16th St
Kluesner, Krieg, Nagle, Nicholson, Robbins,Curtis L. GerhardKnickers Saloon
Voetberg. Nays—None.+(Sunday Sales)2186 Central Ave
Wayne J. KramerClubhouse
+(Sunday Sales)2364 Washington
RESOLUTION NO. 265-95
Whereas, applications for Beer Permits haveSheryl A. HessKing of Clubs
been submitted and filed to this Council for+(Sunday Sales)1902 Central Ave.
approval and the same have been examined andThe Caterers, Inc.Ryan House
approved; and +(Sunday Sales)1375 Locust St
Whereas, the premises to be occupied by suchC Meyer & L TottTott's Tap
applicants were inspected and found to comply3457 Jackson St
with the Ordinances of this City and have filedCLASS C "BW" SPECIAL BEER
proper bonds.& WINE LICENSE
NOW, THEREFORE, BE IT RESOLVED BYMildred DolterBasket Expressions
THE CITY COUNCIL OF THE CITY OF474 Bluff ST
DUBUQUE, IOWA:Passed, approved and adopted this 17th day of
That the Manager be authorized to cause to beJuly, 1995
issued the following named applicants a BeerTerrance M. Duggan, Mayor
Permit.Attest:
CLASS "C" BEER PERMITMary A. Davis, City Clerk
Iowa Oil CompanyIOCO Speede ShoppeCouncil Member Kluesner moved adoption of
+(Sunday Sales)2335 Universitythe Resolution. Seconded by Council Member
Iowa Oil CompanyIOCO Speede ShoppeRobbins. Carried by the following vote:
+(Sunday Sales)1998 Jackson StYeas—Mayor Duggan, Council Members
CLASS "B" BEER PERMITKluesner, Krieg, Nagle, Nicholson, Robbins,
Dubuque Brewing CompanyVoetberg. Nays—None.
Dubuque Brew Pub
(Outdoor Serv.)500 E. 4th StZoning Commission advising of their approval
CLASS "B" BEER PERMITto reclassify property at 1101 Cedar Cross Road
(SPECIAL 5-DAY EVENT)from AG to C-2 District, presented and read.
Race Crafters, IncThunderfestCouncil Member Kluesner moved that the
+(Sunday & Outdoor Sales)Harbor Drcommunication be received and filed. Seconded
Race Crafters, IncThunderfestby Council Member Nagle. Carried by the
+(Sunday & Outdoor Sales)Volunteer Drfollowing vote: Yeas—Mayor Duggan, Council
Race Crafters, IncThunderfestMembers Kluesner, Krieg, Nagle, Nicholson,
+(Sunday & Outdoor Sales)Robbins, Voetberg. Nays—None.
Hawthorne North
Race Crafters, IncThunderfestAn Ordinance Amending Zoning Map by
+(Sunday & Outdoor Sales)reclassifying property described as Lot 2, J.
Hawthorne SouthGeorge Subdivision from AG Agricultural District
Passed, approved and adopted this 17th day ofto C-2 Neighborhood Shopping Center District,
July, 1995.presented and read. Council Member Kluesner
Terrance M. Duggan, Mayormoved that the requirement that a proposed
Regular Session, July 17, 199511
Ordinance be considered and voted on for passageAn Ordinance Vacating an alley East of South
at two Council Meetings prior to the meeting atMain Street from Dodge Street to Jones Street,
which it is to be finally passed be suspended.presented and read.
Seconded by Council Member Nagle. Carried by
the following vote: Yeas—Mayor Duggan,
ORDINANCE NO. 48-95
Council Members Kluesner, Krieg, Nagle,ORDINANCE VACATING AN ALLEY EAST
Nicholson, Robbins, Voetberg. Nays—None.OF SOUTH MAIN STREET FROM DODGE
Council Member Kluesner moved that a Public
STREET TO JONES STREET
Hearing be held on the proposed Ordinance on theWhereas, Lyle J. Whalen has requested the
7th day of August, 1995, at 7:00 o'clock p.m. atvacating of a portion of an alley east of South
the Public Library Auditorium and that the CityMain Street from Dodge Street to Jones Street; and
Clerk be directed to publish notice in the mannerWhereas, IIW Engineers and Surveyors, P.C.,
prescribed by law. Seconded by Council MemberDubuque, Iowa, has prepared and submitted to the
Robbins. Carried by the following vote:City Council a plat showing the vacated alley and
Yeas—Mayor Duggan, Council Membersassigned lot numbers thereto, which hereinafter
Kluesner, Krieg, Nagle, Nicholson, Robbins,shall be known and described as Lots 2A, 2B and
Voetberg. Nays—None.2C of Block 10 of Dubuque Harbor Company's
City Manager recommending to vacateAddition in the City of Dubuque, Dubuque
property located on South Main Street and disposeCounty, Iowa; and
of same to Lyle J. Whalen, presented and read.Whereas, the City Council of the City of
Council Member Voetberg moved that theDubuque, Iowa has determined that this portion of
communication be received and filed. Secondedsaid alley is no longer required for public use, and
by Council Member Robbins. Carried by thevacating of said portion of alley known as Lots 2A,
following vote: Yeas—Mayor Duggan, Council2B and 2C of Block 10 of Dubuque Harbor
Members Kluesner, Krieg, Nagle, Nicholson,Company's Addition in the City of Dubuque,
Robbins, Voetberg. Nays—None.Dubuque County, Iowa, should be approved.
NOW, THEREFORE, BE IT RESOLVED BY
RESOLUTION NO. 267-95THE CITY COUNCIL OF THE CITY OF
RESOLUTION APPROVING PLAT OFDUBUQUE, IOWA:
PROPOSED VACATED ALLEY EAST OFSection 1. That the real estate described as
Lots 2A, 2B and 2C of Block 10 of Dubuque
SOUTH MAIN STREET FROM DODGE
STREET TO JONES STREETHarbor Company's Addition in the City of
Whereas, there has been presented to the CityDubuque, Iowa, be and the same is hereby
Council of the City of Dubuque, Iowa, a plat datedvacated.
June 9, 1995, prepared by IIW Engineers andSection 2. The City of Dubuque reserves unto
Surveyors, P.C. of Dubuque, Iowa, describing theitself a perpetual easement including the right of
proposed vacated alley east of South Main Streetingress and egress thereto, for the purpose of
from Dodge Street to Jones Street; anderecting, installing, constructing, reconstructing,
Whereas, said plat conforms to the laws andrepairing, owning, operating, and maintaining
statutes pertaining thereto.water, sewer, drainage, gas, telephone, t.v. cable,
NOW, THEREFORE, BE IT RESOLVED BYand electric lines as may be authorized by the City
THE CITY COUNCIL OF THE CITY OFof Dubuque, Iowa.
DUBUQUE, IOWA:Section 3. Direct access to U.S. 61 and the
Section 1. That the plat dated June 9, 1995,Jones Street Connector is prohibited.
prepared by IIW Engineers and Surveyors, P.C.,Passed, approved and adopted this 17th day of
relative to the real estate hereinabove described beJuly, 1995.
and the same is hereby approved, and the MayorTerrance M. Duggan, Mayor
and City Clerk be and they are hereby authorizedAttest:
and directed to execute said plat for and on behalfMary A. Davis, City Clerk
of the City of Dubuque, Iowa.Published officially in the Telegraph Herald
Section 2. The City of Dubuque reserves untothis 26th day of July, 1995.
itself a perpetual easement including the right of1t 7/26 Mary A. Davis, City Clerk
ingress and egress thereto, for the purpose of
Council Member Voetberg moved that the
erecting, installing, constructing, reconstructing,requirement that a proposed Ordinance be
repairing, owning, operating, and maintainingconsidered and voted on for passage at two
water, sewer, drainage, gas, telephone, t.v. cable,Council Meetings prior to the meeting at which it
and electric lines as may be authorized by the City
is to be finally passed be suspended. Seconded by
of Dubuque, Iowa.Council Member Robbins. Carried by the
Section 3. That the City Clerk be and is herebyfollowing vote: Yeas—Mayor Duggan, Council
authorized and directed to file said plat andMembers Kluesner, Krieg, Nagle, Nicholson,
certified copy of this resolution in the office of theRobbins, Voetberg. Nays—None. Council
Recorder, in and for Dubuque County, Iowa.Member Voetberg moved that a Public Hearing be
Passed, approved and adopted this 17th day ofheld on the proposed Ordinance on the 7th day of
July, 1995.
August, 1995, at 7:00 o'clock p.m. at the Public
Terrance M. Duggan, MayorLibrary Auditorium and that the City Clerk be
Attest:directed to publish notice in the manner prescribed
Mary A. Davis, City Clerkby law. Seconded by Council Member Robbins.
Council Member Voetberg moved adoption of
Carried by the following vote: Yeas—Mayor
the Resolution. Seconded by Council MemberDuggan, Council Members Kluesner, Krieg,
Robbins. 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. 268-95
Regular Session, July 17, 1995
12
RESOLUTION DISPOSING OF CITYRESOLUTION NO. 269-95
INTEREST IN LOT 2B AND LOT 2C INPRELIMINARY APPROVAL OF
BLOCK 10 OF DUBUQUE HARBORPLANS AND SPECIFICATIONS
COMPANY'S ADDITION IN THE CITY OFNOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA
Whereas, Lyle J. Whalen has requested theDUBUQUE, IOWA:
vacating of a portion of an alley east of SouthThat the proposed plans, specifications, form of
Main Street from Dodge Street to Jones Street; andcontract and estimated cost for the Mount Carmel
Whereas, IIW Engineers and Surveyors, P.C. ofGuardrail, in the estimated amount of $64,868.68,
Dubuque, Iowa has prepared and submitted to theare hereby approved and ordered filed in the office
City Council a plat showing the vacated portion ofof the City Clerk for public inspection.
said alley and assigned lot numbers thereto, whichPassed, adopted and approved this 17th day of
hereinafter shall be known and described as LotJuly, 1995.
2A, 2B and 2C in Block 10 of Dubuque HarborTerrance M. Duggan, Mayor
Company's Addition in the City of Dubuque, Iowa;Attest:
andMary A. Davis, City Clerk
Whereas, the City Council of the City ofCouncil Member Kluesner moved adoption of
Dubuque, Iowa has determined that this portion ofthe Resolution. Seconded by Council Member
said alley is no longer required for public use,Robbins. Carried by the following vote:
except for easements as noted, and vacating andYeas—Mayor Duggan, Council Members
sale of said alley known as Lots 2B and 2C inKluesner, Krieg, Nagle, Nicholson, Robbins,
Block 10 of Dubuque Harbor Company's AdditionVoetberg. Nays—None.
in the City of Dubuque, Dubuque County, Iowa
should be approved.RESOLUTION NO. 270-95
NOW, THEREFORE, BE IT RESOLVED BYFIXING DATE OF HEARING ON
THE CITY COUNCIL OF THE CITY OFPLANS AND SPECIFICATIONS
DUBUQUE, IOWA:Whereas, the City Council of the City of
Section 1. That the City of Dubuque intends toDubuque, Iowa has given its preliminary approval
dispose of its interest in Lot 2B and Lot 2C inon the proposed plans, specifications, and form of
Block 10 of Dubuque Harbor Company's Additioncontract and placed same on file in the office of the
in the City of Dubuque, Iowa.City Clerk for public inspection of the Mount
Section 2. That the conveyance of Lot 2B andCarmel Guardrail.
Lot 2C in Block 10 of Dubuque HarborNOW THEREFORE, BE IT RESOLVED BY
Company's Addition in the City of Dubuque, IowaTHE CITY COUNCIL OF THE CITY OF
to Lyle J. Whalen be contingent upon the paymentDUBUQUE, IOWA:
of $9,200.00, plus publication and filing fees.That on the 7th day of August, 1995, a public
Section 3. The City of Dubuque reserves untohearing will be held at 7:00 p.m. in the Public
itself a perpetual easement including the right ofLibrary Auditorium at which time interested
ingress and egress thereto, for the purpose ofpersons may appear and be heard for or against the
erecting, installing, constructing, reconstructing,proposed plans and specifications, form of contract
repairing, owning, operating, and maintainingand cost of said improvement, and the City Clerk
water, sewer, drainage, gas, telephone, t.v. cable,be and is hereby directed to cause a notice of time
and electric lines as may be authorized by the Cityand place of such hearing to be published in a
of Dubuque, Iowa.newspaper having general circulation in the City of
Section 4. Direct access to U.S. 61 and theDubuque, Iowa, which notice shall be not less than
Jones Street Connector is prohibited.four days nor more than twenty days prior to the
Section 5. That the City Clerk be and is herebyday fixed for its consideration. At the hearing, any
authorized and directed to cause notice of intent tointerested person may appear and file objections to
dispose of said real estate to be published in thethe proposed plans, specifications, contract, or
manner as prescribed by law.estimated cost of the improvement.
Passed, approved and adopted this 17th day ofPassed, adopted and approved this 17th day of
July, 1995.July, 1995.
Terrance M. Duggan, MayorTerrance M. Duggan, Mayor
Attest:Attest:
Mary A. Davis, City ClerkMary A. Davis, City Clerk
Council Member Voetberg moved adoption ofCouncil Member Kluesner moved adoption of
the Resolution and set the matter for public hearingthe Resolution. Seconded by Council Member
on August 7, 1995. Seconded by CouncilRobbins. Carried by the following vote:
Member Robbins. Carried by the following vote:Yeas—Mayor Duggan, Council Members
Yeas—Mayor Duggan, Council MembersKluesner, Krieg, Nagle, Nicholson, Robbins,
Kluesner, Krieg, Nagle, Nicholson, Robbins,Voetberg. Nays—None.
Voetberg. Nays—None.
RESOLUTION NO. 271-95
City Manager submitting documents providing
ORDERING BIDS
for the bidding process for construction of Mt.NOW THEREFORE, BE IT RESOLVED BY
Carmel Road Guardrail, presented and read.THE COUNCIL OF THE CITY OF DUBUQUE,
Council Member Kluesner moved that theIOWA:
communication be received and filed. SecondedThat the Mount Carmel Guardrail is hereby
by Council Member Robbins. Carried by theordered to be advertised for bids for construction.
following vote: Yeas—Mayor Duggan, CouncilBE IT FURTHER RESOLVED, that the
Members Kluesner, Krieg, Nagle, Nicholson,amount of the security to accompany each bid shall
Robbins, Voetberg. Nays—None.be in an amount which shall conform to the
provisions of the notice to bidders hereby approved
Regular Session, July 17, 199513
as a part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published in
a newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall not be less
than four days nor more than twenty days prior to
the receipt of said bids at 2:00 p.m. on the 27th
day of July, 1995. Bids shall be opened and read
by the City Clerk at said time and will be
submitted to the Council for final action at 7:00
p.m. on the 7th day of August, 1995.
Passed, adopted and approved this 17th day of
July, 1995.
Terrance M. Duggan, Mayor
Attest:
Mary A. Davis, City Clerk
Council Member Kluesner moved adoption of
the Resolution. Seconded by Council Member
Robbins. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
There being no further business, Council
Member Robbins moved to adjourn. Seconded by
Council Member Kluesner. Carried by the
following vote: Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None. Meeting
adjourned at 9:09 p.m.
Mary A. Davis CMC
City Clerk
Approved ______________________, 1996.
Adopted _______________________, 1996.
____________________________________
Mayor
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
Council Members
Attest:
____________________________________
City Clerk
2Regular Session, July 24, 1995
DUBUQUEMary A. Davis CMC
City Clerk
CITY COUNCIL
Approved ___________________ , 1996.
Adopted ____________________ , 1996.
OFFICIAL
PROCEEDINGS
____________________________________
Mayor
Special Session, July 24, 1995
Council Met at 6:00 p.m., Public Library
Auditorium
____________________________________
Present: Mayor Duggan, Council Members
Kluesner, Krieg, Nicholson, Robbins, Acting City
____________________________________
Manager John Mauss, Corporation Counsel Barry
A. Lindahl.
Absent: Council Members Nagle, Voetberg, City
____________________________________
Manager Michael Van Milligen.
____________________________________
Council Members reviewed and discussed
surveys completed by the following Boards and/or
Commissions: Library Board of Trustees,
____________________________________
Investment Oversight Committee, Housing
Commission and Housing Trust Fund
Commission.
____________________________________
Council Members
RESOLUTION NO. 272-95
Whereas, applications for Beer Permits have
Attest:
been submitted and filed to this Council for
approval and the same have been examined and
____________________________________
approved; and
City Clerk
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the Ordinances of this City and have filed
proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "C" BEER PERMIT
Mulgrew Oil Co. JFK Amoco Foodshop
+(Sunday Sale)1701 JFK Rd
Passed, approved and adopted this 24th day of
July, 1995
Terrance M. Duggan, Mayor
Attest:
Mary A Davis, City Clerk
Council Member Krieg moved adoption of the
Resolution. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nicholson, Robbins.
Nays—None. Absent—Council Members Nagle,
Voetberg.
There being no further business, Council
Member Krieg moved to adjourn. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nicholson, Robbins.
Nays—None. Absent: Council Member Nagle,
Voetberg.
Meeting adjourned at 7:07 P.M.