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1994 August Council ProceedingsBoard of Health, August 1, 1994244 CITY OF DUBUQUEPassed, approved and adopted this 1st day of August, 1994. Terrance M. Duggan, Chairperson BOARD OF HEALTH Attest: Mary A. Davis, Secretary Board Member Voetberg moved adoption of QUARTERLY the Board Of Health Resolution. Seconded by Board Member Nagle. Carried by the following MEETING vote: Yeas—Chairperson Duggan, Board Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Special Board of Health Meeting, August 1, 1994 There being no further business, Board Member Board met at 7:25 P.M. Public Library Nagle moved to adjourn the meeting. Seconded by Auditorium Board Member Nicholson. Carried by the Present: Chairperson Duggan, Board Members following vote: Yeas—Chairperson Duggan, Kluesner, Krieg, Nagle, Nicholson, Robbins, Board Members Kluesner, Krieg, Nagle, Voetberg. Nicholson, Robbins, Voetberg. Nays—None. Chairperson Duggan read the call and stated Meeting adjourned at 7:27 p.m. this is a Special Meeting of the Board of Health Mary A. Davis CMC called for the purpose to act upon such business Secretary, Civil Service Commission which may properly come before the Board. Approved ______________________, 1995. City Manager recommending to submit a Community-Based Health Promotion Grant Adopted _______________________, 1995. Application to the Iowa Dept. of Public Health, presented and read. Board Member Voetberg ____________________________________ moved that the communication be received and Chairperson filed. Seconded by Board Member Nagle. ____________________________________ Carried by the following vote: Yeas—Chairperson Duggan, Board Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. ____________________________________ BOARD OF HEALTH RESOLUTION NO. 4-94____________________________________ A RESOLUTION SUBMITTING THE COMMUNITY-BASED HEALTH ____________________________________ PROMOTION GRANT APPLICATION TO THE IOWA DEPARTMENT OF PUBLIC HEALTH AND AUTHORIZING THE CITY ____________________________________ BOARD OF HEALTH CHAIRPERSON TO SIGN A LETTER OF SUPPORT FOR THE ____________________________________ GRANT APPLICATION TARGETING CARDIOVASCULAR DISEASE.Board Members Whereas, the City of Dubuque is a member of Attest: the County Health Planning Committee through its Health Services Division; and ___________________________________ Whereas, the Iowa Department of Public City Clerk Health has offered to provide financial support for community-based health promotion programs; and Whereas, the City of Dubuque will submit the grant application to the Iowa Department of Public Health on behalf of the County Health Planning Committee; and Whereas, the City of Dubuque Board of Health supports the efforts of the County Health Planning Committee working with the Greater Dubuque Health and Wellness Challenge project to address cardiovascular morbidity and mortality in Dubuque County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF HEALTH OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa hereby approves submitting the Community Health Promotion Grant Application to the Iowa Department of Public Health. Section 2. That the City of Dubuque Board of Health Chairperson is authorized and directed to execute the letter of support for the program on behalf of the City of Dubuque, Iowa. 245Regular Session, August 1, 1994 Whereas, the City of Dubuque now desires to amend said Final Statement to recognize a change DUBUQUE in activity and funding; and Whereas, the Department of Community Development has proposed an Amendment to said CITY COUNCIL Final Statement, a copy of which is attached hereto and made a part hereof; and Whereas, a public hearing was held on July 6, OFFICIAL 1994, by the Community Development Commission, at which time the public was PROCEEDINGS provided an opportunity to comment on the proposed amended statement. NOW, THEREFORE, BE IT RESOLVED BY City Council Meeting, August 1, 1994 THE CITY COUNCIL OF THE CITY OF Council Met at 7:30 P.M. Public Library DUBUQUE, IOWA: Auditorium Section 1. That the attached Final Statement of Present: Mayor Duggan, Council Members Objectives and Projected Use of Community Kluesner, Krieg, Nagle, Nicholson, Robbins, Development Block Grant Flood Disaster Relief Voetberg, City Manager Michael Van Milligen, Funds Amendment No.1 is hereby adopted and the Corporation Counsel Barry A. Lindahl. Statement filed on January 17, 1994 is hereby rescinded. Mayor Duggan read the call and stated this is Section 2. That the Mayor is hereby authorized the Regular Session of the City Council called for and directed to execute all documentation the purpose to act upon such business which may necessary to the filing of the Amended Statement properly come before the Council. with the U.S. Department of Housing and Urban Development. Invocation was given by Father Clayton Section 3. That the City Manager is hereby Landherr, Associate Pastor of St. Anthony's authorized and directed to submit said amended Catholic Church. Final Statement to the U.S. Department of Housing and Urban Development. PROCLAMATIONS — August 1 - 7 as Passed, approved and adopted this 1st day of "World Breastfeeding Week" received by Mary August, 1994. Pat Breitfelder; August 10-October 31 as "United Terrance M. Duggan, Mayor Way Campaign Time" received by John Faust. Attest: Mary A. Davis, City Clerk Council Member Nagle moved that the rules be Council Member Voetberg moved adoption of suspended to allow anyone present to address the the Resolution. Seconded by Council Member Council if they so desire. Seconded by Council Nagle. Carried by the following vote: Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Voetberg. Nays—None. Proof of Publication certified to by the Proof of Publication certified to by the Publisher on Notice of Hearing on the Final Publisher on Notice of Hearing on Amendment Statement of Intent for the 2nd Supplement of No. 1 to the Final Statement of Intent for CDBG CDBG Flood Disaster Relief Funds and Flood Disaster Relief Funds and communication of communication of City Manager recommending City Manager recommending approval of amended approval and authorization to file a Final statement to the 1st supplemental final statement of Statement and recommending approval of intent (Previously approved by Council on 1-17- Purchase of Service Contract with ECIA to 94), presented and read. Council Member administer program, presented and read. Council Voetberg moved that the proof and communication Member Nagle moved that the proof and be received and filed. Seconded by Council communication be received and filed. Seconded Member Nagle. Carried by the following vote: by Council Member Robbins. Carried by the Yeas—Mayor Duggan, Council Members following vote: Yeas—Mayor Duggan, Council Kluesner, Krieg, Nagle, Nicholson, Robbins, Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Robbins, Voetberg. Nays—None. RESOLUTION NO. 257-94 RESOLUTION NO.258-94 AUTHORIZING THE FILING OF AN RESOLUTION APPROVING AND AMENDMENT TO THE FINAL AUTHORIZING THE FILING OF A FINAL STATEMENT FOR THE FIRST STATEMENT OF INTENT AND SUPPLEMENTAL COMMUNITY PROJECTED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FLOOD DEVELOPMENT BLOCK GRANT DISASTER RELIEF FUNDS IN THE DISASTER RELIEF FUNDS. AMOUNT OF $188,000 WHEREAS, the City of Dubuque, Iowa, on Whereas, the City of Dubuque, Iowa, on May 4, 1994, was allocated $232,000 in January 5, 1994, filed a Final Statement of Community Development Block Grant Disaster Objectives and Projected Use of Community Relief Funds; and Development Block Grant Disaster Relief Funds; WHEREAS, federal regulations require that and, prior to receipt of the above referenced grant funds, the City of Dubuque shall prepare a Final Statement detailing projected use of funds; and Regular Session, August 1, 1994246 WHEREAS, a Final Statement has beenSection 2.That the Mayor and City Clerk prepared and was reviewed and approved by theare hereby authorized and directed to execute said City's Community Development Commission oncontract on behalf of the City of Dubuque, Iowa. July 6, 1994; andPassed, approved and adopted this 1st day of WHEREAS, the City Council finds the FinalAugust, 1994. Statement, a copy of which is attached hereto andTerrance M. Duggan, Mayor made a part hereof, is supportive of federalATTEST: objectives and is responsive to local needs for reliefMary Davis, City Clerk from damage caused by last summer's floods, highCouncil Member Nagle moved adoption of the winds and other weather conditions.Resolution. Seconded by Council Member NOW, THEREFORE, BE IT RESOLVED BYRobbins. Carried by the following vote: THE CITY COUNCIL OF THE CITY OFYeas—Mayor Duggan, Council Members DUBUQUE, IOWA:Kluesner, Krieg, Nagle, Nicholson, Robbins, Section 1.That the City Council herebyVoetberg. Nays—None. adopts the attached Final Statement of Objectives and Projected Use of Community DevelopmentProof of Publication certified to by the Block Grant Disaster Relief Funds.Publisher on Notice of Public Hearing to consider Section 2.That the filing of this Finalan amendment to Zoning Ordinance pertaining to Statement is hereby approved, and the Mayor ofRetail Sales/Service, presented and read. Council the City of Dubuque is hereby authorized andMember Nagle moved that the proof of publication directed to execute the necessary documentation onbe received and filed. Seconded by Council behalf of the City of Dubuque.Member Voetberg. Carried by the following vote: Section 3.That the City Manager is herebyYeas—Mayor Duggan, Council Members authorized and directed to submit, in the requiredKluesner, Krieg, Nagle, Nicholson, Robbins, number of copies, said Statement to the U.S.Voetberg. Nays—None. Department of Housing and Urban DevelopmentAn Ordinance Amending Appendix A (The and other appropriate agencies, together with suchZoning Ordinance) by repealing Section 3-3.2(B) other documents as may be required.Principal Permitted uses and adopting a new Passed, approved and adopted this 1st day ofSection 3-3.2(B) in lieu thereof pertaining to August, 1994.Retail Sales/Service, said Ordinance having been Terrance M. Duggan, Mayorpresented and read at the Council Meeting of July ATTEST:18, 1994, now presented for further action. Mary Davis, City Clerk Council Member Nagle moved adoption of the (OFFICIAL PUBLICATION) Resolution. Seconded by Council Member ORDINANCE NO. 41-94 Robbins. Carried by the following vote:AN ORDINANCE AMENDING APPENDIX Yeas—Mayor Duggan, Council MembersA (THE ZONING ORDINANCE) OF THE Kluesner, Krieg, Nagle, Nicholson, Robbins, CITY OF DUBUQUE CODE OF Voetberg. Nays—None. ORDINANCES, BY REPEALING SECTION 3-3.2(B) PRINCIPAL PERMITTED USES RESOLUTION NO. 259-94AND ADOPTING SECTION 3-3.2(B) IN RESOLUTION APPROVING A CONTRACTLIEU THEREOF PERTAINING TO RETAIL FOR SERVICES WITH THE EASTSALES/SERVICE. CENTRAL INTERGOVERNMENTALNOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASSOCIATION FOR ADMINISTRATION DUBUQUE, IOWA: OF CDBG SPECIAL ALLOCATION FOR FLOOD RELIEF. Section 1. Appendix A (the Zoning Ordinance) WHEREAS, The City of Dubuque, Iowaof the City of Dubuque Code of Ordinances is hereby amended by repealing Section 3-3.2(b) (hereinafter referred to as City) is party to the Agreement creating the East CentralPrincipal Permitted Uses and adopting the Intergovernmental Association (hereinafterfollowing new Section 3-3.2(b) in lieu thereof: referred to as ECIA) and is a member in good(B)Principal Permitted Uses. The following uses shall be permitted in the C-2 District. standing; and WHEREAS, City wishes to engage ECIA to(1)Railroads and public or quasi-public provide certain technical and professional servicesutilities including substations [47]. for grant administration of the 1994 HUD CDBG(2)Residential uses above the first floor only [6]. SUPPLEMENTAL ALLOCATION FOR FLOOD RELIEF GRANT; and(3)Schools of private instruction [4]. WHEREAS, Articles II, III (12), and VII (2)(4)General offices [14]. and (3) of the Articles of Agreement of the East(5)Personal services [14]. Central Intergovernmental Association gives ECIA(6)Barber/beauty shops [16]. the authority to perform services under(7)Gas station [18]. consideration; and(8)Retail sales/service [17]. (9)Laundry/dry cleaner [19]. WHEREAS, a Contract for Services between ECIA and City has been prepared and is attached(10)Shoe repair [18]. hereto and made a part hereof.(11)Automated gas station [18]. NOW, THEREFORE, BE IT RESOLVED BY(12)Indoor restaurant [20]. (13)Tailoring/alterations [18]. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:(14)Furniture/home furnishings [27]. Section 1.That the City hereby approves(15)Appliance sales/service [27]. the proposed Contract for Services with the East(16)Catalog center [23]. (17)Laundromat [22]. Central Intergovernmental Association. (18)Furniture upholstery/repair [18]. 247Regular Session, August 1, 1994 (19)Artist studio [5].Vote on the youth appointment: Mayor Duggan (20)Photographic studio [23].voted for Felderman. Council Member Kluesner (21)Neighborhood shopping center [17].voted for Felderman. Council Member Krieg (22)Dental/medical lab [8].voted for Felderman. Council Member Nagle (23)Business services, excluding signvoted for Felderman. Council Member Nicholson painting [29].voted for Felderman. Council Member Robbins [ ]Parking group—See Section 4-2 ofvoted for Felderman. Council Member Voetberg this ordinance.voted for Emmert. Therefore, Jacob Felderman Section 2. This ordinance has heretofore beenappointed as Youth Representative to the reviewed by the Zoning Commission of the City ofEnvironmental Stewardship Commission for a one Dubuque, Iowa.year term to expire 6-1-97. Section 3. This ordinance shall take effectVote on the other two terms: Mayor Duggan immediately upon publication, as provided by law.voted for Miller and Schultz. Council Member Passed, approved and adopted this 1st day ofKluesner voted for Parks and Schultz. Council August, 1994.Member Krieg voted for Miller and Schultz. Terrance M. Duggan, MayorCouncil Member Nagle voted for Miller and Attest:Schultz. Council Member Nicholson voted for Mary A. Davis, City ClerkMiller and Schultz. Council Member Robbins Published officially in the Telegraph Heraldvoted for Miller and Schultz. Council Member newspaper this 8th day of August, 1994.Voetberg voted for Parks and Schultz. Therefore, 1tMary A. Davis CMC, City ClerkFrank M. Miller appointed and Paul F. Schultz Council Member Nagle moved finalreappointed to three year terms on the consideration and passage of the Ordinance.Environmental Stewardship Commission which Seconded by Council Member Voetberg. Carriedwill expire 6-1-97. by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle,League of Iowa Municipalities requesting Nicholson, Robbins, Voetberg. Nays—None.Council Member Nicholson to consider being appointed to serve on the League's Legislative BOARDS AND COMMISSIONSPolicy Committee, presented and read. Council AIRPORT COMMISSION: One unexpiredMember Kluesner moved that the Mayor endorse term to expire 9-14-96; One Unexpired term toappointment of Council Member Nicholson. expire 9-14-97. Applicants: Steven J. Arthur,Seconded by Council Member Voetberg. Carried Geraldine Eitter, Cheryl Kramer Greiner, Allan T.by the following vote: Yeas—Mayor Duggan, Thoms.Council Members Kluesner, Krieg, Nagle, Vote on the appointment for the term to expireNicholson, Robbins, Voetberg. Nays—None. 9-14-96 was as follows: Mayor Duggan voted for Greiner. Council Member Kluesner voted forCommunication of Alan Israel of A & M Thoms. Council Member Krieg voted Eitter.Developers, advising of their withdrawal to rezone Council Member Nagle voted for Greiner.properties on Geraldine Drive and an Ordinance Council Member Nicholson voted for Greiner.Amending Zoning Ordinance by reclassifying Council Member Robbins voted for Greiner.properties located on Geraldine Drive from R-1 Council Member Voetberg voted for Eitter.Single-Family Residential District to PUD Planned Therefore, Cheryl Kramer-Greiner appointed to theUnit Development District, (matter referred from unexpired term on the Airport Commission whichmeeting of 6-6-94), presented and read. Council will expire 9-14-96.Member Voetberg moved that they receive and file Vote for the unexpired term which will expirethe communication and deny Ordinance. 9-14-97 was as follows: Mayor Duggan voted forSeconded by Council Member Nicholson. Carried Arthur. Council Member Kluesner voted forby the following vote: Yeas—Mayor Duggan, Thoms. Council Member Krieg voted for Eitter.Council Members Kluesner, Krieg, Nagle, Council Member Nagle voted for Arthur. CouncilNicholson, Robbins, Voetberg. Nays—None. Member Nicholson voted for Thoms. Council Member Robbins voted for Arthur. CouncilCommunication of City Manager requesting Member Voetberg voted for Thoms. installation of a net over playground area inside There not being a majority vote, a second votethe McAleece Park, presented and read. Council was taken: Mayor Duggan voted for Arthur.Member Robbins moved that the communication Council Member Kluesner voted for Thoms.be received and filed and approved installation of Council Member Krieg voted for Thoms. Councilnet. Seconded by Council Member Nicholson. Member Nagle voted for Arthur. Council MemberCarried by the following vote: Yeas—Mayor Nicholson voted for Thoms. Council MemberDuggan, Council Members Kluesner, Krieg, Robbins voted for Arthur. Council MemberNagle, Nicholson, Robbins, Voetberg. Voetberg voted for Thoms. Therefore, Allan T.Nays—None. Thoms appointed to the Airport Commission for the unexpired term which will expire 9-14-97.Communication of the City Manager recommending protection and extension of local ENVIRONMENTAL STEWARDSHIPfranchising authority, presented and read. Council COMMISSION:Member Voetberg moved that the communication A one-year term to expire 6-1-95 (representingbe received and filed. Seconded by Council youth) and two three-year terms to expire 6-1-97.Member Nicholson. Carried by the following vote: Youth Applicants: Jason Emmert, JacobYeas—Mayor Duggan, Council Members Felderman. Other applicants: Dorothy Crimmins,Kluesner, Krieg, Nagle, Nicholson, Robbins, Michelle Mihalakis, Frank M. Miller, Brad Parks,Voetberg. Nays—None. Paul F. Schultz. RESOLUTION NO. 260-94 Regular Session, August 1, 1994248 Members Kluesner, Krieg, Nagle, Nicholson, RESOLUTION ADVOCATING LOCAL CONTROL OF THE USE OF PUBLICRobbins, Voetberg. Nays—None. RIGHTS OF WAY BYAn Ordinance Amending Code of Ordinances TELECOMMUNICATIONS SERVICEby enacting a new Section 40-37 paragraph (a) relating to Charges-Amounts, Exceptions by PROVIDERS Whereas, the City of Dubuque, through Cablechanging Class I premises half rate - guidelines, Franchise Ordinance No. 42-81 and otherpresented and read. ordinances and laws regulates the use of its rights- of-way and other public properties by cable (OFFICIAL PUBLICATION) television and other communications serviceORDINANCE NO. 42-94 providers, and obtains for the public fair andAN ORDINANCE AMENDING THE CITY reasonable compensation from such providers for OF DUBUQUE CODE OF ORDINANCE BY their use of public property; andREPEALING SECTION 40-37 PARAGRAPH Whereas, the City and local educational and(a) RELATING TO CHARGES-AMOUNTS; health care institutions use the "B-Cable"EXCEPTIONS AND ENACTING A NEW Institutional Network for a variety of non- SECTION 40-37 PARAGRAPH (a) IN LIEU commercial video and data transmissionsTHEREOF RELATING TO CHARGES- consistent with public service missions, and areAMOUNTS; EXCEPTIONS BY CHANGING striving to address related community needs CLASS I PREMISES HALF-RATE through new telecommunications technologies and GUIDELINES. services; andNOW, THEREFORE, BE IT ORDAINED BY Whereas, pending federal legislation passed byTHE CITY COUNCIL OF THE CITY OF the U.S. House of Representatives as H.R. 3636,DUBUQUE, IOWA: threatening to pre-empt local authority overSection 1. That the Code of Ordinances be telecommunications systems and services usingamended by repealing Sec. 40-37 paragraph (a) public rights-of-way, comes now before the U.S.relating to Charges-Amounts; Exceptions and Senate as S.1822.enacting a new Sec. 40-37 paragraph (a) in lieu NOW, THEREFORE, BE IT RESOLVED BYthereof relating to Charges-Amounts; Exceptions THE CITY COUNCIL OF THE CITY OFas follows: DUBUQUE, IOWA:Sec. 40-37. Charges-Amounts: exceptions. Section 1. That the City of Dubuque urges(a) Class I premises. Except as qualified below, Senators Chuck Grassley and Tom Harkin toa fee of eight dollars and fifty centers ($8.50) per oppose the substitution of H.R. 3636 for S. 1822dwelling unit per month shall be paid to the city by as introduced, and oppose any amendments whichthe property owner of each class I premise for such would eliminate or reduce existing protection forservices. Said fee shall be in payment for local government regulation of the use of rights-of-collection and disposal of solid waste and way by private telecommunications providers.recyclable materials as defined. Exceptions to the Section 2. That the City of Dubuque supportscollection charges for class I premises are as and advocates true local market competition in thefollows: delivery of telephone, cable television and new(1)When a class I premise has been vacant telecommunications services, as long as the localfor a period not less than three (3) playing field is level and the non-commercialconsecutive months, the owner may apply educational, health care, and government needs ofto the city manager for a credit under each community are met in accordance withprocedures to be established by the city locally-established objectives.manager. Such credit shall continue only Section 3. That the City of Dubuque advocatesso long as the class I premises is vacant. a balanced federal/local regulatory system for(2)Class I premises when the head of the telecommunications services which defers to thehousehold is sixty-five (65) years of age FCC and the administration of nationwideor older and has an annual income equal telecommunications policy and technologicalto or less than the income standards used development, but which retains the right andby HUD for its Section Eight (8) Housing opportunity for public property compensation andProgram for one and two person regulation to be negotiated and enforced by localhouseholds may, upon application to the governments, according to the particular interestscity manager, be exempted from one-half and needs of the individual community.(1/2) the established collection charge. Passed, approved and adopted this 1st day ofAfter the initial application, annual August, 1994.application shall be made by the head of Terrance M. Duggan, Mayorhousehold on July first of each year to Attest:verify annual income and eligibility. Mary A. Davis, City Clerk(3)In cases of extreme financial hardship, the Council Member Voetberg moved to receivecity manager may, and is hereby and file the communication. Seconded by Councilauthorized and empowered to make Member Nicholson. Carried by the followingadjustments in the monthly collection vote: Yeas—Mayor Duggan, Council Memberscharges as the city manager may deem Kluesner, Krieg, Nagle, Nicholson, Robbins,appropriate. In such cases, the city Voetberg. Nays—None.manager shall have the authority to require such proof of vacancy, financial City Manager submitting a revised Section 40-status, age or extreme hardship as the city 37 to the Code of Ordinances, presented and read.manager may deem necessary. Council Member Voetberg moved that theSection 2. This ordinance shall take effect on communication be received and filed. Secondedthe first day of September, 1994. by Council Member Nicholson. Carried by thePassed, approved and adopted this 1st day of following vote: Yeas—Mayor Duggan, CouncilAugust, 1994. 249Regular Session, August 1, 1994 Terrance M. Duggan, MayorAn application may be approved only if this Attest:determination is in the affirmative; and Mary A. Davis, City ClerkWhereas, this application is consistent with the Published officially in the Telegraph Herald1994 Comprehensive Housing Affordability Strategy for the City of Dubuque. newspaper this 8th day of August, 1994. 1t 8/8Mary A. Davis, CMC, City ClerkNOW THEREFORE, BE IT RESOLVED BY Council Member Voetberg moved that theTHE CITY COUNCIL OF DUBUQUE, IOWA: requirement that a proposed Ordinance beSection 1. The City of Dubuque has determined there is a need for additional housing considered and voted on for passage at two Council Meetings prior to the meeting at which itassistance and is knowledgeable of the status of is to be finally passed be suspended. Seconded byavailable housing within the City as required by Iowa Code and that majority approval of the Council Member Kluesner. Carried by the following vote: Yeas—Mayor Duggan, Councilproposed housing activity within the City's Members Kluesner, Krieg, Nagle, Nicholson,jurisdiction is hereby granted. Robbins, Voetberg. Nays—None. CouncilSection 2. This resolution is intended to serve as the City of Dubuque's final notice to the U.S. Member Voetberg further moved final consideration and passage of the Ordinance. Department of Housing and Urban Development Seconded by Council Member Kluesner. Carriedof such approval and that no additional comment by the following vote: Yeas—Mayor Duggan,will be made by the City of Dubuque on this matter. Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None.Section 3. The Mayor is authorized and directed to execute an application to the U.S. Communication of City Manager requestingDepartment of Housing and Urban Development approval of an application for Section 8 Programfor participation in the Section 8 Housing Voucher Housing Vouchers, presented and read. CouncilProgram. Member Voetberg moved that the communicationSection 4. The City of Dubuque Housing Commission is hereby directed to conduct the be received and filed. Seconded by Council Member Nicholson. Carried by the following vote:necessary public hearing regarding this application Yeas—Mayor Duggan, Council Membersas soon as possible in accordance with Kluesner, Krieg, Nagle, Nicholson, Robbins,requirements of Chapter 403.A.28 of the Code of Iowa, and to review and/or approve or suggest Voetberg. Nays—None. modifications of the plans for program design and administration of this proposed program. RESOLUTION NO. 261-94 Section 5. The City Manager is hereby A RESOLUTION AUTHORIZING THE authorized and directed to forward said application MAYOR TO EXECUTE AN APPLICATION TO PARTICIPATE IN THE SECTION 8and resulting standard executed contract to the respective agencies in a timely fashion and as HOUSING VOUCHER PROGRAM. required by the U.S. Department of Housing and Whereas, the City of Dubuque recognizes the continuing unmet need for provision of assistedUrban Development. housing to the City's qualifying lower-incomePassed, approved and adopted this 1st day of families; andAugust, 1994. Terrance M. Duggan, Mayor Whereas, the City has continuously provided housing assistance to Section 8 Housing ProgramAttest: tenants, since 1976; andMary A. Davis, City Clerk Whereas, the U.S. Department of Housing andCouncil Member Voetberg moved adoption of the Resolution. Seconded by Council Member Urban Development has made funding available to encourage municipalities to implement innovativeNicholson. Carried by the following vote: programs promotion the economic independence ofYeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, lower-income families, through cooperating efforts of the public and private sectors; andVoetberg. Nays—None. Whereas, and in accordance with Section 403A.5 of the Iowa Code which statesCommunication of the City Manager recommending contract with Operation: New View "A municipality or a 'Municipal Housing Agency' may not proceed with a housingfor administration of Family Self-Sufficiency project until a study or a report andProgram, presented and read. Council Member recommendation on housing available withinVoetberg moved to receive and file the communication. Seconded by Council Member the community is made public by the municipality or agency and is included in itsNagle. Carried by the following vote: recommendation for a housing project.Yeas—Mayor Duggan, Council Members Recommendations must receive majorityKluesner, Krieg, Nagle, Nicholson, Robbins, approval from the local governing body beforeVoetberg. Nays—None. proceeding on the housing project." AND IN ACCORDANCE WITH SectionRESOLUTION NO. 262-94 213(c) of the Housing and CommunityRESOLUTION APPROVING A PURCHASE Development Act of 1974, which states in partOF SERVICES CONTRACT BETWEEN that it must be determined whether or not thereTHE CITY OF DUBUQUE AND is a need for such housing assistance, takingOPERATION NEW VIEW AND into consideration any applicable State orAUTHORIZING AND DIRECTING THE areawide housing assistance plan as well asCITY MANAGER TO EXECUTE SAID generally available data with respect toAGREEMENT ON BEHALF OF THE CITY population, poverty, housing over-crowding, OF DUBUQUE, IOWA. Whereas, the City of Dubuque has negotiated housing vacancies and substandard housing. with Operation New View to provide services that Regular Session, August 1, 1994250 will aid the City of Dubuque in satisfying thePassed, approved and adopted this 1st day of requirements of the Department of Housing UrbanAugust, 1994. Development's Family Self-Sufficiency Program;Terrance M. Duggan, Mayor andAttest: Whereas, the terms and conditions under whichMary A. Davis, City Clerk Operation New View will provide the aboveCouncil Member Nagle moved to adopt the described services are set forth in a Purchase ofResolution. Seconded by Council Member Services Contract, a copy of which is heretoRobbins. Carried by the following vote: attached and by this reference made a part hereof.Yeas—Mayor Duggan, Council Members NOW, THEREFORE, BE IT RESOLVED BYKluesner, Krieg, Nagle, Nicholson, Robbins, THE CITY COUNCIL OF THE CITY OFVoetberg. Nays—None. DUBUQUE, IOWA: Section 1. That the attached Purchase ofRESOLUTION NO. 264-94 Services Contract by and between the City ofWhereas, applications for Beer Permits have Dubuque, Iowa and Operation New View isbeen submitted and filed to this Council for hereby approved.approval and the same have been examined and Section 2. That the City Manager be and he isapproved; and hereby authorized and directed to execute saidWhereas, the premises to be occupied by such Contract for and on behalf of the City of Dubuque,applicants were inspected and found to comply Iowa.with the Ordinances of this City and have filed Passed, approved and adopted this 1st day ofproper bonds. August, 1994.NOW, THEREFORE, BE IT RESOLVED BY Terrance M. Duggan, MayorTHE CITY COUNCIL OF THE CITY OF Attest:DUBUQUE, IOWA: Mary A. Davis, City ClerkThat the Manager be authorized to cause to be Council Member Voetberg moved adoption ofissued the following named applicants a Beer the Resolution. Seconded by Council MemberPermit. Nagle. Carried by the following vote:CLASS "B" BEER PERMIT Yeas—Mayor Duggan, Council Members(SPECIAL EVENT) Kluesner, Krieg, Nagle, Nicholson, Robbins,(Five-day Permit) Voetberg. Nays—None.Dubuque JayceesAll That Jazz Outdoor ServiceTown Clock Plaza Proof of Publication certified to by theCLASS "BE" BEER PERMIT Publisher on Notice to Bidders on the receipt ofBeverly R. Miller bids for the Construction of Sheridan RoadSid's Beverage Store, Inc.2727 Dodge St. Sanitary Sewer Extension and Communication ofCLASS "C" BEER PERMIT City Manager recommending to award contract forMulgrew Oil Co.Amoco Food Shop project, presented and read. Council Member1450 Loras Blvd. Nagle moved to receive and file the proof andPassed, approved and adopted this 1st day of communication. Seconded by Council MemberAugust, 1994. Robbins. Carried by the following vote:Terrance M. Duggan, Mayor Yeas—Mayor Duggan, Council MembersAttest: Kluesner, Krieg, Nagle, Nicholson, Robbins,Mary A. Davis, City Clerk Voetberg. Nays—None.Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: RESOLUTION NO. 263-94 AWARDING CONTRACTYeas—Mayor Duggan, Council Members Whereas, sealed proposals have been submittedKluesner, Krieg, Nagle, Nicholson, Robbins, by contractors for the Sheridan Road SanitaryVoetberg. Nays—None. Sewer Extension pursuant to Resolution No. 235- 94 and notice to bidders published in a newspaperRESOLUTION NO. 265-94 published in the City of Dubuque, Iowa on theWhereas, applications for Liquor Licenses have 30th day of June, 1994.been submitted to this Council for approval and the Whereas, said sealed proposals were openedsame have been examined and approved; and and read on the 26th day of July, 1994 and it hasWhereas, the premises to be occupied by such been determined that the bid of Tschiggfrieapplicants were inspected and found to comply Excavation of Dubuque, Iowa in the amount ofwith the State Law and all City Ordinances $54,430.15 was the lowest bid for the furnishingsrelevant thereto and they have filed proper bonds. of all labor and materials and performing the workNOW, THEREFORE, BE IT RESOLVED BY as provided for in the plans and specifications.THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED BYDUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OFThat the Manager be authorized to cause to be DUBUQUE, IOWA:issued the following named applicants That the contract for the above improvement be a Liquor License. awarded to Tschiggfrie Excavating and theCLASS "C" (COMMERCIAL) BEER AND Manager be and is hereby directed to execute aLIQUOR LICENSE contract on behalf of the City of Dubuque for theWayne & Carol A. Kramer complete performance of the work.The Clubhouse2364 Washington BE IT FURTHER RESOLVED:Passed, approved and adopted this 1st day of That upon the signing of said contract and theAugust, 1994. approval of the contractor's bond, the CityTerrance M. Duggan, Mayor Treasurer is authorized and instructed to return theAttest: bid deposits of the unsuccessful bidders.Mary A. Davis, City Clerk 251Regular Session, August 1, 1994 Council Member Kluesner moved adoption ofAugust, 1994 at 7:30 o'clock p.m. at the Public the Resolution. Seconded by Council MemberLibrary Auditorium and that the City Clerk be Nagle. Carried by the following vote:directed to publish notice of the Public Hearing in Yeas—Mayor Duggan, Council Membersthe manner prescribed by law. Seconded by Kluesner, Krieg, Nagle, Nicholson, Robbins,Council Member Nagle. Carried by the following Voetberg. Nays—None..vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Communication of the City ManagerVoetberg. Nays—None. recommending a public hearing be held to consider vacation of the southerly one-half of the alleyRESOLUTION NO. 267-94 between Elm and Washington, from 13th Street toRESOLUTION DISPOSING OF CITY 14th Street, presented and read. Council Member INTEREST IN LOT 137A IN EAST Voetberg moved to receive and file theDUBUQUE, AN ADDITION IN THE CITY communication. Seconded by Council MemberOF DUBUQUE, IOWA Nagle. Carried by the following vote:Whereas, Clark W. Wolff has requested the Yeas—Mayor Duggan, Council Membersvacating of the southerly one-half of an alley Kluesner, Krieg, Nagle, Nicholson, Robbins,between Elm and Washington Streets, from 13th Voetberg. Nays—None.Street to 14th Street; and Whereas, IIW Engineers & Surveyors, P.C. of Dubuque, Iowa has prepared and submitted to the City Council a plat showing the vacated alley and RESOLUTION NO. 266-94assigned lot number thereto, which hereinafter shall be known and described as Lot 137A of East RESOLUTION APPROVING PLAT OF PROPOSED VACATED SOUTHERLY ONE-Dubuque, an Addition in the City of Dubuque, HALF OF THE ALLEY BETWEEN ELMIowa; and AND WASHINGTON STREETS, FROMWhereas, the City Council of the City of Dubuque, Iowa has determined that this alley is no 13TH STREET TO 14TH STREET Whereas, there has been presented to the Citylonger required for public use, except for Council of the City of Dubuque, Iowa, a plat datedeasements for public utilities, and vacating and July 8, 1994, prepared by IIW Engineers &sale of said alley known as Lot 137A of East Surveyors, P.C. of Dubuque, Iowa, describing theDubuque, an Addition in the City of Dubuque, proposed vacated southerly one-half of the alleyDubuque County, Iowa should be approved. between Elm and Washington Streets, from 13thNOW, THEREFORE, BE IT RESOLVED BY Street to 14th Street; andTHE CITY COUNCIL OF THE CITY OF Whereas, said plat conforms to the laws andDUBUQUE, IOWA: statutes pertaining thereto.Section 1. That the City of Dubuque intends to NOW, THEREFORE, BE IT RESOLVED BYdispose of its interest in Lot 137A of East THE CITY COUNCIL OF THE CITY OFDubuque, an Addition in the City of Dubuque, DUBUQUE, IOWA:Iowa. Section 1. That the plat dated July 8, 1994Section 2. That the conveyance of Lot 137A of prepared by IIW Engineers & Surveyors, P.C.,East Dubuque, an Addition in the City of relative to the real estate hereinabove described beDubuque, Iowa to Clark W. Wolff be contingent and the same is hereby approved and he Mayorupon the payment of $3,847.50, plus publication and City Clerk be and they are hereby authorizedand filing fees. and directed to execute said plat for and on behalfSection 3. The City reserves unto itself a of the City of Dubuque, Iowa.perpetual easement including the right of ingress Section 2. The City reserves unto itself aand egress thereto, for the purpose of erecting, perpetual easement including the right of ingressinstalling, constructing, reconstructing, repairing, and egress thereto, for the purpose of erecting,owning, operating, and maintaining water, sewer, installing, construction, reconstructing, repairing,drainage, gas, telephone, t.v. cable and electric owning, operating, and maintaining water, sewer,lines as may be authorized by the City of drainage, gas, telephone, t.v. cable and electricDubuque, Iowa. lines as may be authorized by the City ofSection 4. That the City Clerk be and is hereby Dubuque, Iowa.authorized and directed to cause notice of intent to Section 3. That the City Clerk be and is herebydispose of said real estate to be published in the authorized and directed to file said plat andmanner as prescribed by law. certified copy of this resolution in the office of thePassed, approved and adopted this 1st day of Recorder, in and for Dubuque County, Iowa.August, 1994. Passed, approved and adopted this 1st day ofTerrance M. Duggan, Mayor August, 1994.Attest: Terrance M. Duggan, MayorMary A. Davis, City Clerk Attest:Council Member Voetberg moved adoption of Mary A. Davis, City Clerkthe Resolution. Seconded by Council Member Council Member Voetberg moved adoption ofNagle. Carried by the following vote: the Resolution. Seconded by Council MemberYeas—Mayor Duggan, Council Members Nagle. Carried by the following vote:Kluesner, Krieg, Nagle, Nicholson, Robbins, Yeas—Mayor Duggan, Council MembersVoetberg. Nays—None. Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None.Communication of the City Manager An ORDINANCE Vacating Lot 137A in "Eastsubmitting bidding procedures providing for the Dubuque" Addition, presented and read. CouncilRehabilitation of Operations & Maintenance Member Voetberg moved that a Public Hearing beDepartment's Garage Roof. Seconded by Council held on the proposed Ordinance on the 15th day ofMember Nicholson. Carried by the following vote: Regular Session, August 1, 1994252 Yeas—Mayor Duggan, Council MembersNOW THEREFORE, BE IT RESOLVED BY Kluesner, Krieg, Nagle, Nicholson, Robbins,THE COUNCIL OF THE CITY OF DUBUQUE, Voetberg. Nays—None.IOWA: That the Operations and Maintenance Department Garage Roof Rehabilitation Project is RESOLUTION NO. 268-94 PRELIMINARY APPROVAL OF PLANShereby ordered to be advertised for bids for AND SPECIFICATIONSconstruction. NOW THEREFORE, BE IT RESOLVED BYBE IT FURTHER RESOLVED, that the THE CITY COUNCIL OF THE CITY OFamount of the security to accompany each bid shall DUBUQUE, IOWA:be in an amount which shall conform to the That the proposed plans, specifications, form ofprovisions of the notice to bidders hereby approved contract and estimated cost for the Operations andas a part of the plans and specifications heretofore Maintenance Department Garage Roofadopted. Rehabilitation Project, in the estimated amount ofThat the City Clerk is hereby directed to $81,636.00, are hereby approved and ordered filedadvertise for bids for the construction of the in the office of the City Clerk for public inspection.improvements herein provided, to be published in Passed, adopted and approved this 1st day ofa newspaper having general circulation in the City August, 1994.of Dubuque, Iowa, which notice shall not be less Terrance M. Duggan, Mayorthan four days nor more than twenty days prior to Attest:the receipt of said bids at 10:00 a.m. on the 25th Mary A. Davis, City Clerkday of August, 1994. Bids shall be opened and Council Member Nagle moved adoption of theread by the City Clerk at said time and will be Resolution. Seconded by Council Membersubmitted to the Council for final action at 7:30 Nicholson. Carried by the following vote:p.m. on the 6th day of September, 1994. Yeas—Mayor Duggan, Council MembersPassed, adopted and approved this 1st day of Kluesner, Krieg, Nagle, Nicholson, Robbins,August, 1994. Voetberg. Nays—None.Terrance M. Duggan, Mayor Attest: RESOLUTION NO. 269-94Mary A. Davis, City Clerk FIXING DATE OF HEARING ON PLANSCouncil Member Nagle moved adoption of the Resolution. Seconded by Council Member AND SPECIFICATIONS Whereas, the City Council of the City ofNicholson. Carried by the following vote: Dubuque, Iowa has given its preliminary approvalYeas—Mayor Duggan, Council Members of the proposed plans, specifications, and form ofKluesner, Krieg, Nagle, Nicholson, Robbins, contract and placed same on file in the office of theVoetberg. Nays—None. City Clerk for public inspection of the Operations and Maintenance Department Garage RoofMINUTES SUBMITTED — Environmental Rehabilitation Project.Stewardship Commission of 7-12; Five Flags NOW, THEREFORE, BE IT RESOLVED BYCommission of 7-18; Historic Preservation THE CITY COUNCIL OF THE CITY OFCommission of 7-15; Housing Code Appeals DUBUQUE, IOWA:Board of 7-19; Housing Commission of 7-12; That on the 6th day of September, 1994, aHuman Rights Commission of 6-13; Investment public hearing will be held at 7:30 p.m. in theOversight Commission of 7-13; Park & Recreation Public Library Auditorium at which timeCommission of 7-12, presented and read. Council interested persons may appear and be heard for orMember Voetberg moved that the minutes be against the proposed plans and specifications, formreceived and filed. Seconded by Council Member of contract and cost of said improvement, and theRobbins. Carried by the following vote: City Clerk be and is hereby directed to cause aYeas—Mayor Duggan, Council Members notice of time and place of such hearing to beKluesner, Krieg, Nagle, Nicholson, Robbins, published in a newspaper having generalVoetberg. Nays—None. circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor moreNOTICES OF CLAIMS/SUITS — Jan than twenty days prior to the day fixed for itsAppleby in amount of $124.96 for vehicle consideration. At the hearing, any interesteddamages; Kristin Carlson (By her mother, Brenda person may appear and file objections to theLampo) in unknown amount for personal injuries; proposed plans, specifications, contract, orStephen & Avery Clow in amount of $1,089.02 estimated cost of the improvement.for vehicle damages; Richard & Marjorie Ennis in Passed, adopted and approved this 1st day ofamount of $141.47 for vehicle damages; Colleen August, 1994.Gallery in amount of $20.00 for service call; C. J. Terrance M. Duggan, MayorGantz in the amount of $2,500 for personal Attest:injuries; Lois Johns in unknown amount for Mary A. Davis, City Clerkpersonal injuries; Jim Kallaway in amount of Council Member Nagle moved adoption of the$110.00 for vehicle damages; Diana Leisen in Resolution. Seconded by Council Memberamount of $975.46 for vehicle damages; Robert & Nicholson. Carried by the following vote:Judith McElmeel in amount of $940.00 for Yeas—Mayor Duggan, Council Membersproperty damages, presented and read. Council Kluesner, Krieg, Nagle, Nicholson, Robbins,Member Voetberg moved that the claims and suits Voetberg. Nays—None.be referred to the Legal Staff for investigation and report. Seconded by Council Member Robbins. RESOLUTION NO. 270-94Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, ORDERING BIDS Nagle, Nicholson, Robbins, Voetberg. Nays—None. 253Regular Session, August 1, 1994 Corporation Counsel advising the followingconducted examinations, consisting of Physical claims have been referred to Crawford &Agility Tests, SRA test and written test, on June Company, the agent for the Iowa Communities11, 1994 for the position of POLICE OFFICER Assurance Pool: Personal injury of DustinEntrance Level. During the weeks of July 5 and Digman; Personal injury of Phyllis M. Minnick,11, oral interviews were conducted on eligible presented and read. Council Member Voetbergapplicants. moved that the communications be received andIn accordance with Chapter 400 of the 1993 filed. Seconded by Council Member Robbins.Code of Iowa, as amended, we are now allowed to Carried by the following vote: Yeas—Mayorcertify additional lists at this time, therefore, we Duggan, Council Members Kluesner, Krieg,hereby certify this to be the SECOND LIST of Nagle, Nicholson, Robbins, Voetberg.applicants, in order of standing, and are to be Nays—None.considered for the position of Police Officer for the City of Dubuque, Iowa upon exhaustion of the first Corporation Counsel recommending denial oflist. following claims: Car damage of Denise J.William Melloch Parsons; Car damage of Steven A. Weydert,Shawn Wuchter presented and read. Council Member VoetbergTroy Fields moved that the communications be received andMichael Moon filed and denials approved. Seconded by CouncilRobert Twining Member Robbins. Carried by the following vote:Troy Lake Yeas—Mayor Duggan, Council MembersStephen McBride Kluesner, Krieg, Nagle, Nicholson, Robbins,Terry Behning Voetberg. Nays—None.Denis Wagner Martin Steil Corporation Counsel recommending settlementRespectfully submitted, of Property damage claim of Daniel R. Grutz, inJames N. Feehan the amount of $79.00, presented and read.Chairperson (Acting) Council Member Voetberg moved that theJohn H. Markham communication be received and filed andCivil Service Commission settlement approved and directed Finance Director to issue proper checks. Seconded by CouncilJuly 18, 1994 Member Robbins. Carried by the following vote:Honorable Mayor and Members of the City Yeas—Mayor Duggan, Council MembersCouncil Kluesner, Krieg, Nagle, Nicholson, Robbins,In accordance with Chapter 400 of the 1993 Voetberg. Nays—None.Code of Iowa, the Civil Service Commission conducted examinations, consisting of Physical July 18, 1994Agility Tests, SRA test and written test, on June Honorable Mayor and Members of the City11, 1994 for the position of POLICE OFFICER CouncilEntrance Level. During the weeks of July 5 and In accordance with Chapter 400 of the 199311, oral interviews were conducted on eligible Code of Iowa, the Civil Service Commissionapplicants. conducted examinations, consisting of PhysicalIn accordance with Chapter 400 of the 1993 Agility Tests, SRA test and written test, on JuneCode of Iowa, as amended, we are now allowed to 11, 1994 for the position of POLICE OFFICERcertify additional lists at this time, therefore, we Entrance Level. During the weeks of July 5 andhereby certify this to be the THIRD LIST of 11, oral interviews were conducted on eligibleapplicants, in order of their standing, and are to be applicants.considered for the position of Police Officer for the We hereby certify this is to be the FIRST LISTCity of Dubuque, Iowa upon exhaustion of the of applicants, in order of their standing, and are tosecond list. be considered for the position of Police Officer forTerry McCallister the City of Dubuque, Iowa.Jennifer Massey William MackiRussell Martin Michael KaneMichael Muenster David RobertsDavid Erb Pablo RamirezSteve O'Hara Larry LangelyJohn Jungers David RandallCraig Bahl Larry YoungDavid Luber Christopher SkorupskiDavid Allen Jeffrey TupperRespectfully submitted, Timothy BehningJames N. Feehan Nathan TylerChairperson (Acting) Respectfully submittedJohn H. Markham James N. FeehanCivil Service Commission Chairperson (Acting) John A. MarkhamJuly 18, 1994 Civil Service CommissionHonorable Mayor and Members of the City Council July 18, 1994In accordance with Chapter 400 of the 1993 Honorable Mayor and Members of the CityCode of Iowa, the Civil Service Commission Councilconducted written promotion examinations on June In accordance with Chapter 400 of the 199320 and 21, 1994 for the positions of POLICE Code of Iowa, the Civil Service Commission Regular Session, August 1, 1994254 CAPTAIN, POLICE CORPORAL AND POLICECommunication of the City Manager requesting LIEUTENANT.authorization to publish notice of Environmental We hereby certify that the following membersReview Findings and requesting release of funds of the Police Department have passed these writtenfor CDBG Flood Disaster Relief Project, presented promotional examinations and promotion for theand read. Council Member Voetberg moved that positions should be made from the appropriatethe communication be received and filed. lists.Seconded by Council Member Robbins. Carried POLICE CAPTAINby the following vote: Yeas—Mayor Duggan, Michael SullivanThomas SchaeferCouncil Members Kluesner, Krieg, Nagle, Terrance TobinJohn StevensNicholson, Robbins, Voetberg. Nays—None. Thomas RaschkeWilliam Gibson William DavisLarry Verdick RESOLUTION NO. 271-94 Paula GiesemanRobert PrineRESOLUTION AUTHORIZING Robert FlanneryPUBLICATION OF NOTICE OF POLICE CORPORALENVIRONMENTAL REVIEW FINDING Jeffrey PillardThomas Parker AND REQUEST FOR RELEASE OF FUNDS Russell SteckleinPatricia FolgerFOR THE COMMUNITY DEVELOPMENT Mark DalsingScott CrabillBLOCK GRANT FLOOD DISASTER Steven EastvedtCorey Sommer RELIEF PROJECT Dwaine PrineWhereas, the City of Dubuque will be entering POLICE LIEUTENANTinto a grant agreement with the U.S. Department of Michael SullivanDaniel AvenariusHousing and Urban Development providing for Shane O'BrienThomas Schaeferfinancial assistance to the City under the Steven EastvedtRobert FlanneryCommunity Development Block Grant Flood Terrence TobinPatricia FolgerDisaster Relief Program; and Michael RettenmeierScott CrabillWhereas, pursuant to the rules and regulations Respectfully submitted, as promulgated by the U.S. Department of James N. FeehanHousing and Urban Development, an Chairperson (Acting)environmental review has been processed for the John H. Markhamhereinafter described project proposed to be Civil Service Commissionfinanced with Community Development Block Council Member Voetberg moved that the CivilGrant Flood Disaster Relief Funds; and Service communications be received and filed andWhereas, on January 21, 1994, and review on made a matter of record. Seconded by CouncilJuly 15, 1994, after due consideration, a Member Robbins. Carried by the following vote:determination was made by the Community and Yeas—Mayor Duggan, Council MembersEconomic Development Department that the Kluesner, Krieg, Nagle, Nicholson, Robbins,project is not a major federal action significantly Voetberg. Nays—None.affecting the quality of the human environment. NOW, THEREFORE, BE IT RESOLVED BY Petition of residents of Bluff Street, containingTHE CITY COUNCIL OF THE CITY OF 35 signatures, requesting directive signs at the 1stDUBUQUE, IOWA: & Bluff Streets intersection and considerSection 1. That the City Clerk be and she is eliminating heavy vehicle traffic on Bluff St. fromhereby authorized and directed to publish a Notice 1st to Dodge, presented and read. Councilof Finding of No Significant Effect on the Member Voetberg moved that the petition beEnvironment and Request for Release of Funds for referred to the City Manager and Staff. Secondedthe project, and to make the Environmental by Council Member Robbins. Carried by theReview Record and said project available for following vote: Yeas—Mayor Duggan, Councilpublic inspection. Such notice shall be in the form Members Kluesner, Krieg, Nagle, Nicholson,of Exhibit "A" attached hereto and made a part Robbins, Voetberg. Nays—None. hereof. Section 2. That the City of Dubuque hereby Petition of 14 property owners on Emmett St.declares its intent to submit a request to the U.S. and St. Mary's Street, requesting Council toDepartment of Housing and Urban Development remove their property from all Historic Districts,for release of funds to undertake the above- presented and read. Council Member Voetbergmentioned project on August 8, 1994. moved that the petition be referred to the HistoricPassed, approved and adopted this 1st day of Preservation Commission for investigation andAugust, 1994. report. Seconded by Council Member Robbins.Terrance M. Duggan, Mayor Carried by the following vote: Yeas—MayorAttest: Duggan, Council Members Kluesner, Krieg,Mary A. Davis, City Clerk Nagle, Nicholson, Robbins, Voetberg.Council Member Voetberg moved adoption of Nays—None.the Resolution. Seconded by Council Member Robbins. Carried by the following vote: Communication of Dean Robey submitting hisYeas—Mayor Duggan, Council Members resignation from the Zoning Board of Adjustment,Kluesner, Krieg, Nagle, Nicholson, Robbins, presented and read. Council Member VoetbergVoetberg. Nays—None. moved that the communication be receive and filed and resignation accepted with regret. Seconded byCommunication of City Manager Council Member Robbins. Carried by therecommending approval of a grant agreement with following vote: Yeas—Mayor Duggan, CouncilHUD in the amount of $1,440,000 for FY'95, Members Kluesner, Krieg, Nagle, Nicholson,presented and read. Council Member Voetberg Robbins, Voetberg. Nays—None.moved that the communication be received and filed. Seconded by Council Member Robbins. 255Regular Session, August 1, 1994 Carried by the following vote: Yeas—MayorCommunication of City Manager Duggan, Council Members Kluesner, Krieg,recommending approval of request from Ron Nagle, Nicholson, Robbins, Voetberg.Smith for extension of time to provide necessary Nays—None.security for platting of Loras Estates, presented and read. Council Member Voetberg moved that the RESOLUTION NO. 272-94communication be received and filed. Seconded RESOLUTION AUTHORIZING THEby Council Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council EXECUTION OF A COMMUNITY Members Kluesner, Krieg, Nagle, Nicholson, DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE DEPARTMENTRobbins, Voetberg. Nays—None. OF HOUSING AND URBAN DEVELOPMENT FOR FISCAL YEAR 1995RESOLUTION NO. 273-94 Whereas, under provisions of Title I of HousingRESOLUTION RESCINDING and Community Development Act of 1974, asRESOLUTION NO. 36-94 AND amended, the City of Dubuque prepared andREAFFIRMING THE FINAL PLAT OF submitted a Statement of Intent on May 18, 1994, LORAS ESTATES IN THE CITY OF for a Community Development Block Grant; andDUBUQUE, IOWA. Whereas, the submission has been approved byWhereas, there has been filed with the City the Department of Housing and UrbanClerk, a final plat of Loras Estates in the City of Development in the amount of $1,440,000 for aDubuque, Iowa; and twelve month program commencing July 1, 1994;Whereas, upon said final plat appears certain andpublic utility easements which the owners, by said Whereas, a grant agreement covering theplat, have dedicated to the public forever; and activities proposed to be carried out with theWhereas, upon said final plat appeared a Community Development Block Grant funds hascertain private street to be owned by and been tendered the City of Dubuque.maintained to City standards at the sole expense of NOW, THEREFORE, BE IT RESOLVED BYthe owners or their successors as assigned; and THE CITY COUNCIL OF THE CITY OFWhereas, said final plat has been examined by DUBUQUE, IOWA:the Zoning Commission and had its approval Section 1. That the grant agreement,endorsed thereon, subject to the owners agreeing to authorized by the U.S. Department of Housing andcertain conditions set forth in the original approval Urban Development on July 21, 1994, for aof said plat; and Community Development Block Grant to the CityWhereas, said final plat was examined by the of Dubuque in the amount of $1,440,000 is herebyCity Council and the City Council found that it accepted.conformed with the statutes and ordinances Section 2. That the Mayor of the City ofrelating thereto, except that the drive grades have Dubuque be and he is hereby authorized andnot been established, nor had all driveways been directed to execute a Community Developmentbrought to grade and not all the paving installed; Block Grant Agreement identified as Grantand Agreement B-94-MC-19-0004 for submission toWhereas, the City Council concurred in the the U.S. Department of Housing and Urbanconditions of approval established by the Zoning Development.Commission; and Passed, approved and adopted this 1st day ofWhereas, the City Council in Resolution No. August, 1994.36-94 on February 7, 1994, has reaffirmed the Terrance M. Duggan, Mayorapproval of the final plat of Loras Estates; and Attest:Whereas, the City Council concurs in the Mary A. Davis, City Clerkconditions of approval established in the previous Council Member Voetberg moved adoption ofapproval. the Resolution. Seconded by Council MemberNOW THEREFORE, BE IT RESOLVED BY Robbins. Carried by the following vote:THE CITY COUNCIL OF THE CITY OF Yeas—Mayor Duggan, Council MembersDUBUQUE, IOWA: Kluesner, Krieg, Nagle, Nicholson, Robbins,Section 1. That the final plat of Loras Estates, Voetberg. Nays—None.as set forth in Resolution No. 36-94 is hereby rescinded. City Manager notifying City Council of meterSection 2. That the easement for public changes in the 1000 block of Iowa Street, Westutilities, sewer and water, as they appear upon said side and the South side of 11th Street from Iowafinal plat, be and the same is hereby accepted. Street, westerly to the alley, presented and read.Section 3. The approval of the final plat of Council Member Voetberg moved that theLoras Estates in the City of Dubuque, Iowa, is communication be received and filed. Secondedhereby reaffirmed and the Mayor and City Clerk by Council Member Robbins. Carried by theare hereby authorized and directed to endorse the following vote: Yeas—Mayor Duggan, Councilapproval of the City of Dubuque, Iowa, upon said Members Kluesner, Krieg, Nagle, Nicholson,final plat, provided the owners of said property Robbins, Voetberg. Nays—None.herein named execute their written acceptance hereto attached agreeing: City Manager recommending a Courtesya.To reduce Justin Lane to grade and to Parking Ticket Program, presented and read.hard surface the street of Loras Estates Council Member Voetberg moved that thewith bituminous concrete or with concrete communication be received and filed. Secondedpaving, all in accordance with the by Council Member Robbins. Carried by theapproved plans on file in the Office of the following vote: Yeas—Mayor Duggan, CouncilCity Engineer, City of Dubuque, Iowa. Members Kluesner, Krieg, Nagle, Nicholson,b.To install sanitary sewer mains and sewer Robbins, Voetberg. Nays—None.service laterals into each individual lot, Regular Session, August 1, 1994256 water mains and water service laterals intoNagle, Nicholson, Robbins, Voetberg. each individual lot, storm sewers andNays—None. catch basins, and erosion control devices, all in accordance wit the constructionCity Manager submitting Feasibility Study for improvement plans approved by the CityUniversity of Dubuque Access to U.S. 20 project, Engineer and inspected by the Citypresented and read. Council Member Voetberg Engineer.moved that the communication be received and c.To provide perpetual maintenance for allfiled. Seconded by Council Member Robbins. detention areas and erosion controlCarried by the following vote: Yeas—Mayor devices at the sole expense of the owners,Duggan, Council Members Kluesner, Krieg, Ron and Jan Smith, or successors asNagle, Nicholson, Robbins, Voetberg. assigned.Nays—None. d. To provide the foregoing construction and maintenance of all said improvements atCity Manager submitting applications that were the sole expense of the owners, Ron andmade to the Housing Trust Fund, presented and Jan Smith, or their successors as assigned.read. Council Member Voetberg moved that the e.To construct said improvements withincommunication be received and filed. Seconded one (1) year from the date of adoption ofby Council Member Robbins. Carried by the this resolution by the City of Dubuque,following vote: Yeas—Mayor Duggan, Council Iowa.Members Kluesner, Krieg, Nagle, Nicholson, f.Sidewalks shall be provided adjoining theRobbins, Voetberg. Nays—None. street. g.All improvements of said propertyCity Manager advising a Work Session with the conform to the conceptual developmentZoning Commission has been scheduled for plan of Loras Estates' PR PlannedAugust 29th, presented and read. Council Member Residential District or its amendments asVoetberg moved that the communication be approved by the Dubuque City Councilreceived and filed. Seconded by Council Member by Ordinance No. 56-92.Robbins. Carried by the following vote: Section 4. That Ron and Jan Smith, as owners,Yeas—Mayor Duggan, Council Members shall secure the foregoing conditions by providingKluesner, Krieg, Nagle, Nicholson, Robbins, security in such form and with such surety as mayVoetberg. Nays—None. be approved by the City Manager. Section 5. That in the event Ron and JanThere being no further business, Council Smith, as owners, fail to execute the acceptanceMember Nagle moved to adjourn. Seconded by and furnish the security provided for in Section 4Council Member Nicholson. Carried by the within 180 days from the date of this resolution,following vote: Yeas—Mayor Duggan, Council the provision hereof shall be null and void and theMembers Kluesner, Krieg, Nagle, Nicholson, acceptance of the dedication and approval of theRobbins, Voetberg. Nays—None. Meeting final plat shall not be effective.ENDFIELD adjourned at 8:24 p.m. Passed, approved and adopted this 1st day of August, 1994.Mary A. Davis CMC Terrance M. Duggan, MayorCity Clerk Attest: Mary A. Davis, City Clerk Approved ______________________, 1995. ACCEPTANCE OF RESOLUTION NO. 273-94 Adopted _______________________, 1995. We, the undersigned, Ron and Jan Smith, having read the terms and conditions of the Resolution No. 273-94 and being familiar with the conditions thereof, hereby accept this same and ____________________________________ agree to the conditions required therein. Mayor Dated in Dubuque, Iowa this day of , 1994. NOT SIGNED AS OF JANUARY 24, 1995____________________________________ By ____________________________ Ron Smith ____________________________________ By ____________________________ Jan Smith Council Member Voetberg 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. ____________________________________ City Manager submitting an update regarding disposition of property at 16th & Kerper Blvd., ____________________________________ presented and read. Council Member Kluesner Council Members moved that the communication be received and filed. Seconded by Council Member Nicholson. Attest: Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, ____________________________________ 257Regular Session, August 1, 1994 City Clerk Regular Session, August 15, 1994260 district will enhance the attractiveness of the area and the City as a potential site for new and DUBUQUE expanding commercial and industrial enterprises; and Whereas, an Urban Renewal Plan for said CITY COUNCIL district has been prepared and is hereto attached as Attachment A, which Plan indicates, among other things, the development objectives of the district, OFFICIALpublic purpose activities, land acquisition, development requirements, and standards for PROCEEDINGS relocation assistance; and Whereas, the Long Range Planning Commission has reviewed said Plan and has found that said Plan conforms to the general plan for the development of the City of Dubuque as a whole City Council Meeting, August 15, 1994 and has transmitted its findings to the City Council Met at 7:30 P.M., Public Library AuditoriumCouncil; and Present: Mayor Duggan, Council MembersWhereas, the City Council has held a public hearing on said Plan after public notice thereof by Kluesner, Nagle, Nicholson, Robbins, Voetberg, published notice; and City Manager Michael C. Van Milligen, Corporation Counsel Barry A. Lindahl.Whereas, it is provided in Chapter 403 of the Absent: Council Member Krieg.1993 Code of Iowa that the governing body of a municipality may approve an urban renewal plan Mayor Duggan read the call and stated this isif it finds that: the Regular Session of the City Council called fora.A feasible method exists for the relocation of households displaced from the urban the purpose to act upon such business which may renewal district into decent, safe and properly come before the Council. sanitary dwelling accommodations within Invocation was given by Rev. Fredericktheir means and without any undue hardship; and Fangmann, Pastor of Holy Ghost Catholic Church. b.Any nonresidential uses to be developed Council Member Voetberg moved that the ruleson an area of open land to be acquired as be suspended to allow anyone present to addresspart of the plan are necessary and appropriate to facilitate the proper growth the Council. Seconded by Council Member Nagle. and development of the community in Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Nagle,accordance with sound planning standards and local community objectives; and Nicholson, Robbins, Voetberg. Nays—None. c.The Urban Renewal Plan conforms to the Absent—Council Member Krieg. general plan of the municipality as a Proof of publication certified to by thewhole. NOW, THEREFORE, BE IT RESOLVED BY Publisher on Notice of Hearing on the proposed THE CITY COUNCIL OF THE CITY OF Kerper Boulevard Industrial Park Economic Development District Urban Renewal Plan; DUBUQUE, IOWA: Communication of City Manager submittingSection 1. That the following described area, to be known as the "Kerper Boulevard Industrial documents and requesting approval of the Kerper Park Economic Development District," is an Blvd. Industrial Park Economic Development District Urban Renewal Plan; Communication ofeconomic development area within the meaning of the Long Range Planning Commission approvingIowa Code Section 403.17(8); to wit: That area bordered on the north by the northern the Kerper Blvd. Industrial Park Economic Development District Urban Renewal Plan, withboundaries of the following parcels: Lot 2 of the specific suggestions recommended, presented andKerper Industrial Subdivision Number 1, Lot 1 of Lot 1 of the Kerper Industrial Subdivision Number read. Council Member Voetberg moved that the 1, and Lot 3 of the FDL First Addition; on the east proof and communications be received and filed. Seconded by Council Member Robbins. Carriedby the eastern boundary of the Kerper Boulevard by the following vote: Yeas—Mayor Duggan,right-of-way; on the south by the southern boundary of the East Sixteenth Street right-of-way; Council Members Kluesner, Nagle, Nicholson, and on the west by the eastern limits of the Soo Robbins, Voetberg. Nays—None. Absent—Council Member Krieg.Line Railroad right-of-way; all located in the City of Dubuque, Dubuque County, Iowa. Section 2. That the Urban Renewal Area is RESOLUTION NO. 274-94 RESOLUTION ADOPTING THE KERPERappropriate for commercial and industrial enterprises, is eligible for an urban renewal project BOULEVARD INDUSTRIAL PARK and otherwise meets the requisites under the ECONOMIC DEVELOPMENT DISTRICT provisions of Chapter 403 of the Code of Iowa, URBAN RENEWAL PLAN Whereas, the City Council has, by Resolutionand the development of this area is necessary in the No. 247-94, found that the area, to be known asinterest of the public health, safety or welfare of the residents of this City. the "Kerper Boulevard Industrial Park Economic Section 3. That this Council further finds that: Development District," is an economic development area, as defined by Chapter 403 ofa.A feasible method exists for the relocation the 1993 Iowa Code, and is appropriate for urbanof households who will be displaced from the urban renewal district into decent, safe and renewal activities; and sanitary dwelling accommodations within their Whereas, the Council believes that the designation of said area as an urban renewal 261Regular Session, August 15, 1994 means and without any undue hardship to suchHugh Lamont, Executive Dir. of the Greater families;Dubuque Development Corp., urged adoption of b.The Kerper Boulevard Park Economicthe proposed Ordinance. Development District Urban Renewal Plan and the Urban Renewal Area designated therein An Ordinance of the City of Dubuque, IA conform to the general plan of the City as aproviding that general property taxes levied and whole; andcollected each year on all property located within c.As to those areas of open land includedthe Kerper Blvd. Industrial Park Economic within the Urban Renewal Area designatedDevelopment District in the City of Dubuque, therein to be acquired by the City:County of Dubuque, State of Iowa, by and for the (1) With reference to those portionsbenefit of the State of Iowa, City of Dubuque, thereof which are to be developed forCounty of Dubuque, Dubuque Community School residential uses, this City Council herebyDistrict, and other taxing districts, be paid to a determines that a shortage of housing ofspecial fund for payment of principal and interest sound standards and design with decency,on loans, monies advanced to, and indebtedness, safety, and sanitation exists within theincluding bonds issued or to be issued, incurred by City; that the need for housingsaid City in connection with approved accommodations has been or will bedevelopment projects located within said Urban increased as a result of the clearance ofRenewal District, presented and read. slums and other areas, including other portions of the Urban Renewal Area; that(OFFICIAL PUBLICATION) the conditions of blight in the area and theORDINANCE NO. 43-94 shortage of decent, safe and sanitary AN ORDINANCE OF THE CITY OF housing cause or contribute to an increaseDUBUQUE, IOWA PROVIDING THAT in and spread of disease and crime, andGENERAL PROPERTY TAXES LEVIED constitute a menace to the public health,AND COLLECTED EACH YEAR ON ALL safety, morals or welfare; and that the PROPERTY LOCATED WITHIN THE acquisition of the area for residential usesKERPER BOULEVARD INDUSTRIAL is an integral part of and essential to thePARK ECONOMIC DEVELOPMENT program of the City.DISTRICT IN THE CITY OF DUBUQUE, (2) With reference to those portions COUNTY OF DUBUQUE, STATE OF IOWA, thereof which are to be developed for non-BY AND FOR THE BENEFIT OF THE residential uses, the City Council herebySTATE OF IOWA, CITY OF DUBUQUE, determines that such non-residential uses COUNTY OF DUBUQUE, DUBUQUE are necessary and appropriate to facilitate COMMUNITY SCHOOL DISTRICT , AND the proper growth and development of theOTHER TAXING DISTRICTS, BE PAID TO City in accordance with sound planningA SPECIAL FUND FOR PAYMENT OF standards and local community objectives. PRINCIPAL AND INTEREST ON LOANS, Section 4. That the Kerper BoulevardMONIES ADVANCED TO, AND Industrial Park Economic Development DistrictINDEBTEDNESS, INCLUDING BONDS Urban Renewal Plan, attached hereto asISSUED OR TO BE ISSUED, INCURRED BY Attachment "A" and incorporated herein by SAID CITY IN CONNECTION WITH reference, be and the same is hereby approved andAPPROVED DEVELOPMENT PROJECTS adopted as the "Kerper Boulevard Industrial ParkLOCATED WITHIN SAID URBAN Economic Development District Urban Renewal RENEWAL DISTRICT Plan for the City of Dubuque, Iowa"; is hereby inWhereas, the City Council of the City of all respects approved.Dubuque, Iowa, after public notice and hearing as Section 5. That the City Clerk be and she isprescribed by law and pursuant to Resolution hereby directed to file a certified copy of said Planpassed and approved August 15, 1994, adopted an with the proceedings of this meeting.urban renewal plan for an area known as Kerper Section 6. That the Plan shall be in full forceBoulevard Industrial Park Economic Development and effect until January 1, 2015 or until such timeDistrict, which includes the following described that the City has received full reimbursement fromproperty and the adjacent public rights-of-way: incremental taxes of its advances and principal andThat area bordered on the north by the northern interest payable on all tax increment financing orboundaries of the following parcels: Lot 2 of the general obligations issued to carry out theKerper Industrial Subdivision Number 1, Lot 1 of objectives of the Plan for the District, and said PlanLot 1 of the Kerper Industrial Subdivision Number shall be forthwith certified by the City Clerk, along1, and Lot 3 of the FDL First Addition; on the east with a copy of this Resolution, to the Recorder forby the eastern boundary of the Kerper Boulevard Dubuque County, Iowa, to be filed and recorded inright-of-way; on the south by the southern the manner provided by law.boundary of the East Sixteenth Street right-of-way; Passed, approved and adopted this 15th day ofand on the west by the eastern limits of the Soo August, 1994.Line Railroad right-of-way; all located in the City Terrance M. Duggan, Mayorof Dubuque, Dubuque County, Iowa Attest:Whereas, expenditures and indebtedness of Karen M. Chesterman, Deputy City Clerkbonds and/or loans are anticipated to be incurred Council Member Voetberg moved adoption ofby the City Council of the City of Dubuque, Iowa the Resolution. Seconded by Council Memberin the future to finance approved development Robbins. Carried by the following vote:projects within the Kerper Boulevard Industrial Yeas—Mayor Duggan, Council MembersPark Economic Development District; and Kluesner, Nagle, Nicholson, Robbins, Voetberg.Whereas, the City Council of the City of Nays—None. Absent—Council Member Krieg.Dubuque, Iowa, desire to provide for the division of revenue from taxation in the Urban Renewal Regular Session, August 15, 1994262 Project Area, as above described in accordanceother provisions or applications of this Ordinance with the provisions of Section 403.19 of the Codewhich shall at all times be construed to fully of Iowa, 1993.invoke the provisions of Section 403.19 of the NOW THEREFORE, BE IT ORDAINED BYCode of Iowa, 1993 with reference to said Urban THE CITY COUNCIL OF THE CITY OFRenewal District. DUBUQUE, IOWA:Section 17. This Ordinance shall be in effect Section 1. That the Kerper Boulevardafter its final passage, approval and publication as Industrial Park Economic Development Districtprovided by law. legally described in the preamble hereof, by andPassed, approved and adopted this 15th day of for the benefit of the State of Iowa, City ofAugust, 1994. Dubuque, County of Dubuque, DubuqueTerrance M. Duggan, Mayor Community School District, and all other taxingAttest: districts from and after the effective date of thisKaren M. Chesterman, Deputy City Clerk Ordinance shall be divided as hereinafter in thisPublished officially in the Telegraph Herald Ordinance provided.newspaper this 19th day of August, 1994. Section 2. That portion of the taxes which 1t 8/19 would be produced by the rate at which the tax isKaren M. Chesterman, Deputy City Clerk levied each year by or for each of the taxingCouncil Member Voetberg moved that the districts taxing property in said Urban Renewalrequirement that a proposed Ordinance be District upon the total sum of the assessed value of considered and voted on for passage at two the taxable property in said district as shown on theCouncil Meetings prior to the meeting at which it assessment role on January 1, 1993 shall beis to be finally passed be suspended. Seconded by allocated to and when collected, be paid into theCouncil Member Robbins. Carried by the fund for the respective taxing district as taxes by orfollowing vote: Yeas—Mayor Duggan, Council for said taxing district into which all other propertyMembers Kluesner, Nagle, Nicholson, Robbins, taxes are paid.Voetberg. Nays—None. Absent—Council Section 3. That portion of the taxes each year Member Krieg. Council Member Voetberg in excess of the base period taxes determined asmoved final consideration and passage of the provided in Section 2 of this Ordinance shall beOrdinance. Seconded by Council Member allocated to and when collected paid into a specialRobbins. Carried by the following vote: fund to be hereafter established by Resolution of Yeas—Mayor Duggan, Council Members the City of Dubuque, Iowa, to pay the principal ofKluesner, Nagle, Nicholson, Robbins, Voetberg. and interest on loans, monies advanced to,Nays—None. Absent—Council Member Krieg. indebtedness, whether funded, refunded, assumed or otherwise, including bonds issued under the Proof of publication certified to by the authority of Section 403.9 of the Code of Iowa,Publisher on Notice of Public Hearing to consider 1993, and the Section 403.12 of the Code of Iowa,an Ordinance vacating the Southerly one-half of an 1993, which may be incurred by the City of alley between Elm and Washington Streets, from Dubuque, Iowa, to finance or refinance in whole or13th St. to 14th St. and disposing of City's interest in part approved urban renewal project activitiesin "Lot 137A of East Dubuque, an Addition in the within the Urban Renewal District except the taxesCity of Dubuque, Iowa" to Clark W. Wolff upon for the payment of bonds and interest on each the payment of $3,847.50 plus publication and taxing district shall be collected against all taxablefiling fees; communication of City Manager property within the Urban Renewal Districtrecommending vacation of above property and sale without any limitation as hereinabove provided.of vacated alley to Mr. Clark W. Wolff of Selco Section 4. All taxes levied and collected upon for $3,847.50 and communication of Mike the taxable property in said Kerper BoulevardMcCarty objecting to vacation and sale of Industrial Park Economic Development Districtsoutherly one-half of alley between Elm and shall be paid into the funds of the taxing districts as Washington Sts., from 13th St. to 14th St. to Clark taxes by or for said taxing districts in the sameW. Wolff, presented and read. Council Member manner as all other property taxes unless or untilVoetberg moved that the proof and the total assessed valuation of the taxable propertycommunications be received and filed. Seconded in said district as shown on the January 1, 1993 by Council Member Kluesner. Carried by the assessment roles.following vote: Yeas—Mayor Duggan, Council Section 5. At such time as the indebtedness ofMembers Kluesner, Nagle, Nicholson, Robbins, the City of Dubuque, hereinabove referred to, haveVoetberg. Nays—None. Absent—Council been paid, all monies thereafter received from Member Krieg. taxes upon the taxable property in the Urban Renewal District known as the Kerper BoulevardClark Wolff of 255 Villa, requested this Industrial Park Economic Development Districtproperty for security purposes for his business. shall be paid into the funds for the respectiveMike McCarty, representing his wife and taxing districts in the same manner as taxes on allgrandmother, stated concerns and objections to other property.requested action. Section 6. All Ordinance or parts of Ordinances in conflict with the provisions of thisAn Ordinance Vacating the Southerly One-Half Ordinance are hereby repealed. The provisions ofof an Alley between Elm and Washington Streets, this Ordinance are intended and shall be construedfrom 13th St. to 14th St., presented and read. so as to fully implement the provisions of Section Council Member Voetberg moved that the 403.19 of the Code of Iowa, 1993 with respect torequirement that a proposed Ordinance be the division of taxes from property within theconsidered and voted on for passage at two Urban Renewal District as described above. In theCouncil Meetings prior to the meeting at which it event that any provision of this Ordinance shall be is to be finally passed be suspended. Seconded by determined to be contrary to law, it shall not affectCouncil Member Kluesner. Vote on the motion 263Regular Session, August 15, 1994 was as follows: Yeas—None. Nays—MayorVote on the appointment was as follows: Mayor Duggan, Council Members Kluesner, Nagle,Duggan voted for Bechen. Council Member Nicholson, Robbins, Voetberg. Absent: CouncilKluesner voted for Bechen. Council Member Member Krieg. MOTION FAILED. Krieg was absent. Council Member Nagle voted Council Member Voetberg moved adoption offor Bechen. Council Member Nicholson voted for the Resolution Approving disposal of interest ofGasper. Council Member Robbins voted for the City in Lot 137A of East Dubuque, anBechen. Council Member Voetberg voted for Addition in the City of Dubuque, Iowa, to ClarkGasper. Therefore, Vicki M. Bechen appointed to W. Wolff. Seconded by Council Memberthe unexpired term on the Zoning Board of Kluesner. Vote on the motion was as follows:Adjustment which will expire 3-25-96. Yeas—None. Nays—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, Robbins,Communication of City Manager Voetberg. Absent—Council Member Krieg.recommending submittal of a juvenile crime MOTION FAILED.prevention program grant application to the Iowa Juvenile Crime Prevention Community Grant Fund, presented and read. Council Member BOARDS AND COMMISSIONS: HOUSING COMMISSIONVoetberg moved that the communication be APPOINTMENTS:received and filed and recommendation approved. Three 3-year terms which will expire 8-17-97Seconded by Council Member Kluesner. Carried (terms of Busch, Coakley & Oneyear).by the following vote: Yeas—Mayor Duggan, Applications: Rev. Stephen J. Bibb, Thomas J.Council Members Kluesner, Nagle, Nicholson, Crall, Dennis Oneyear, Tim L. Patterson, TimothyRobbins, Voetberg. Nays—None. J. Puls, Louise Zimmerman. Absent—Council Member Krieg. Vote on the appointments was as follows: Mayor Duggan voted for Crall, Oneyear andCommunication of City Manager submitting Zimmerman. Council Member Kluesner voted fordocuments and requesting usage of DMATS Oneyear, Puls, and Zimmerman. Council MemberTransportation Enhancement Funds for the Krieg was absent. Council Member Nagle votedinstallation of streetscape facilities along the for Crall, Oneyear and Zimmerman. Councilhistoric pedestrian area in Cable Car Square and Member Nicholson voted for Crall, Oneyear andcommunication of Cynthia Steinhauser, Executive Puls. Council Member Robbins voted forDirector of the Dubuque Main St. Ltd. endorsing Oneyear, Puls and Zimmerman. Council Memberthe City sponsorship of an application to be made Voetberg voted for Crall, Oneyear and Puls.to the Dubuque Metropolitan Area Transportation Therefore, Dennis Oneyear reappointed to theStudy for ISTEA funds, presented and read. Housing Commission for a three year term whichCouncil Member Voetberg moved that the will expire 8-17-97.communications be received and filed. Seconded The second vote was as follows: Mayorby Council Member Robbins. Carried by the Duggan voted for Crall and Zimmerman. Councilfollowing vote: Yeas—Mayor Duggan, Council Member Kluesner voted for Puls and Zimmerman.Members Kluesner, Nagle, Nicholson, Robbins, Council Member Krieg was absent. CouncilVoetberg. Nays—None. Absent—Council Member Nagle voted for Crall and Zimmerman.Member Krieg. Council Member Nicholson voted for Crall and Puls. Council Member Robbins voted for Puls andRESOLUTION NO. 275-94 Zimmerman. Council Member Voetberg voted forRESOLUTION APPROVING THE Puls and Zimmerman. Therefore, Timothy J. Puls SUBMITTAL OF TWO APPLICATIONS and Louise Zimmerman appointed to the Housing FOR DMATS TRANSPORTATION Commission for a three year term which willENHANCEMENT FUNDING. expire 8-17-97.Whereas, the DMATS Policy Committee has announced the availability of $489,000 in local TRANSIT BOARD OF TRUSTEESTransportation Enhancement funds; and One 3-year term which will expire 7-30-97.Whereas, the development of pedestrian and (Term of H. Bemis). Applicants: Harry J. Bemisbicycle facilities, scenic and historic highway and Shawn T. McCullough.programs and landscaping and other scenic Mrs. Mary McCullough spoke for her husbandbeautification are eligible activities for Shawn requesting appointment.enhancement funding; and Vote on the appointment was as follows: MayorWhereas, design, engineering, acquisition and Duggan voted for McCullough. Council Memberconstruction costs are eligible for enhancement Kluesner voted for McCullough. Council Memberfunding; and Krieg was absent. Council Member Nagle votedWhereas, the City has a Freeway 61/151 for Bemis. Council Member Nicholson voted forCorridor Plan that incorporates the Cable Car Bemis. Council Member Robbins voted forSquare Development Plan prepared by Dubuque Bemis. Council Member Voetberg voted forMain Street Ltd. and includes enhancement of the Bemis. Therefore, Harry J. Bemis reappointed toarea's streetscapes; and the Transit Board of Trustees for a three year termWhereas, the City of Dubuque recognizes the to expire 7-30-97.commercial and recreational potential of the Cable Car Square area. ZONING BOARD OF ADJUSTMENTNOW THEREFORE, BE IT RESOLVED BY One unexpired term which will expire 3-25-96THE CITY COUNCIL OF THE CITY OF (term of D. Robey). Applicants: Vicki M.DUBUQUE, IOWA: Bechen, Jim Corbett, William M. Gasper. Section 1. That the Mayor is hereby authorized Bill Gasper, 930 Tressa and Vicki Bechen,to sign and submit this application to the DMATS both spoke requesting appointment.Policy Committee for DMATS Transportation Regular Session, August 15, 1994264 Enhancement funds on behalf of Dubuque MainNOW THEREFORE, BE IT RESOLVED BY Street Ltd.THE CITY COUNCIL OF THE CITY OF Section 2. That the City of Dubuque herebyDUBUQUE, IOWA: provides assurance that it will adequately maintainSection 1. That the final plat of Lots 1-3 the complete project for its intended public use forinclusive of Eagles Nest Subdivision in Dubuque a minimum of twenty (20) years following projectCounty be and the same is hereby approved and completion.the Mayor and City Clerk are hereby authorized Section 3. That the City of Dubuque agrees toand directed to endorse the approval of the City of abide by all local, state and federal requirementsDubuque upon said final plat. applicable to the proposed projects.Section 2. That the City Council hereby waives Passed, approved and adopted this 15th day ofArticle IV, Design and Improvement Standards of August, 1994.the Subdivision Regulations, except for Section Terrance M. Duggan, Mayor42-19, provided the owners of said property herein Attest:named execute their written acceptance hereto Karen M. Chesterman, Deputy City Clerkattached. Council Member Voetberg moved adoption ofSection 3. That in the event that the owners the Resolution. Seconded by Council Membershall fail to execute the acceptance within 45 days Robbins. Carried by the following vote:after the date of this resolution, the provisions Yeas—Mayor Duggan, Council Membershereof shall be null and void and the acceptance Kluesner, Nagle, Nicholson, Robbins, Voetberg.and approval of the plat shall not be effective. Nays—None. Absent—Council Member Krieg.Passed, approved and adopted this 15th day of August, 1994. Communication of the City ManagerTerrance, M. Duggan, Mayor recommending modification of the currentAttest: procedure of review of plats outside the City limits,Karen M. Chesterman, Deputy City Clerk presented and read. Council Member KluesnerACCEPTANCE OF RESOLUTION moved that the communication be received andNO. 276-94 filed and approved modification. Seconded byI, the undersigned, Patrick O'Rourke, having Council Member Nicholson. Carried by theread the terms and conditions of the Resolution following vote: Yeas—Mayor Duggan, CouncilNo. 276-94 and being familiar with the conditions Members Kluesner, Nagle, Nicholson, Robbins,thereof, hereby accept this same and agree to the Voetberg. Nays—None. Absent—Councilconditions required therein. Member Krieg.Dated in Dubuque, Iowa this 19th day of August, 1994. Communication of City ManagerBy /s/Patrick O'Rourke recommending approval of final plat of propertyCouncil Member Robbins moved adoption of located near the south entrance to the Mines ofthe Resolution. Seconded by Council Member Spain, known as Eagle Nest Subdivision, whichVoetberg. Carried by the following vote: area is within the two mile review area, presentedYeas—Mayor Duggan, Council Members and read. Council Member Robbins moved thatKluesner, Nagle, Nicholson, Robbins, Voetberg. the communication be received and filed.Nays—None. Absent—Council Member Krieg. Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Duggan,Communication of City Manager Council Members Kluesner, Nagle, Nicholson,recommending approval of final plat of Deer Robbins, Voetberg. Nays—None. Valley Subdivision - property located south of Absent—Council Member Krieg. John F. Kennedy Rd. between Rustic Forest Trail and King Arthur Court, which is within the two RESOLUTION NO. 276-94mile review area, presented and read. Council Member Kluesner moved that the communication RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1-3 INCLUSIVE OFbe received and filed. Seconded by Council EAGLES NEST SUBDIVISION INMember Nagle. Carried by the following vote: DUBUQUE COUNTY, IOWA.Yeas—Mayor Duggan, Council Members Whereas, there has been filed with the CityKluesner, Nagle, Nicholson, Robbins, Voetberg. Clerk a final plat of Lots 1-3 Inclusive of EaglesNays—None. Absent—Council Member Krieg. Nest Subdivision in Dubuque County, Iowa; and Whereas, upon said final plat appears a street toRESOLUTION NO. 277-94 be known as Jicarllo Trail; and A RESOLUTION APPROVING THE FINAL Whereas, the preliminary plat has beenPLAT OF LOTS 1-23 INCLUSIVE OF DEER approved by the City Zoning Commission, waivingVALLEY SUBDIVISION IN DUBUQUE Article IV, Design Improvement Standards, of the COUNTY, IOWA. Subdivision Regulations, except for Section 42-19;Whereas, there has been filed with the City andClerk a final plat of Lots 1-23 Inclusive of Deer Whereas, said final plat has been reviewed byValley Subdivision in Dubuque County, Iowa; and the City Planner and had her approval endorsedWhereas, upon said final plat appear streets to thereon, subject to the owners agreeing to thebe known as Deer Valley, Aspen Meadow and conditions noted in Section 2 below; andBreckenridge Court; and Whereas, said final plat has been examined byWhereas, the preliminary plat has been the City Council and the City Council finds thatapproved by the City Zoning Commission, waiving the same conforms to the preliminary plat, exceptArticle IV, Design and Improvement Standards, of the drive grades have not been established, thethe Subdivision Regulations, except for Section drive brought to grade or paving installed.42-19; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed 265Regular Session, August 15, 1994 thereon, subject to the owners agreeing to theN; Wildflower Drive, also known as Lot P; High conditions noted in Section 2 below; andCloud Drive, also known as Lot S; Wiltse Drive, Whereas, said final plat has been examined byalso known as Lot Q; and Wiltse Court, also the City Council and they find that it conforms toknown as Lot R, and a proposed park area on Lot the statutes and ordinances relating to it, except1, Block 19, together with certain public utility that no streets or utilities have yet been constructedand sanitary sewer and storm sewer easements or installed; andwhich the owners by said final plat have dedicated Whereas, the City Council concurs in theto the public forever; and conditions of approval established by the ZoningWhereas, the preliminary plat has been Commission and the City Planner.examined by the Zoning Commission and had its NOW, THEREFORE, BE IT RESOLVEDapproval endorsed thereon; and Whereas, said final plat has been reviewed by BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:the City Planner and had her approval endorsed Section 1. That the final plat of Lots 1-23thereon, subject to the owners agreeing to the inclusive of Deer Valley Subdivision in Dubuqueconditions noted in Section 2 below; and County, Iowa is hereby approved and the MayorWhereas, said final plat has been examined by and City Clerk are hereby authorized and directedthe City Council and they find that it conforms to to endorse the approval of the City of Dubuque,the statutes and ordinances relating to it, except Iowa, upon said final plat.that no streets, public improvements or public Section 2. That the City Council hereby waivesutilities have yet been constructed or installed; and Article IV of the Subdivision Regulations, exceptWhereas, the City Council concurs in the for Section 42-19, provided the owners of saidconditions of approval established by the Zoning property herein named, execute their writtenCommission and the City Planner. acceptance hereto attached agreeing: That noNOW, THEREFORE, BE IT RESOLVED BY access be allowed onto Kennedy Road for Lots 1,THE CITY COUNCIL OF THE CITY OF 14 and 22.DUBUQUE, IOWA: Section 3. That in the event the owners shallSection 1. That the dedication of Sunnyslope fail to execute the acceptance within 45 days afterDrive, also known as Lot N; Wildflower Drive, the date of this Resolution, the provisions hereofalso known as Lot P; High Cloud Drive, also shall be null and void and the acceptance andknown as Lot S; Wiltse Drive, also known as Lot approval of the plat shall not be effective.Q; and Wiltse Court, also known as Lot R, and the Passed, approved and adopted this 15th day ofproposed park area on Lot 1, Block 19, together August, 1994.with the easements for public utilities, sanitary Terrance M. Duggan, Mayorsewer, storm sewer and street lights as they appear ATTEST:upon said final plat, be and the same are hereby Karen M. Chesterman, Deputy City Clerkaccepted; and ACCEPTANCE OF RESOLUTIONSection 2. That the plat of Sunnyslope Estates NO. 277-94is hereby approved and the Mayor and City Clerk I, the undersigned, Joel Callahan, having readare hereby authorized and directed to endorse the the terms and conditions of the Resolution No.approval of the City of Dubuque, Iowa, upon said 277-94 and being familiar with the conditionsfinal plat, provided the owners of said property thereof, hereby accept this same and agree to theherein named, execute their written acceptance conditions required therein.hereto attached agreeing: Dated in Dubuque, Iowa this 18th day ofa.To reduce Sunnyslope Drive, Wildflower August, 1994.Drive, High Cloud Drive, Wiltse Drive By /s/Joel Callahanand Wiltse Court to grade and to construct Council Member Kluesner moved adoption ofconcrete curb and gutter and to hard the Resolution. Seconded by Council Membersurface with asphaltic concrete, or with Nagle. Carried by the following vote:concrete paving with integral curb, all in Yeas—Mayor Duggan, Council Membersaccordance with the City of Dubuque Kluesner, Nagle, Nicholson, Robbins, Voetberg.standard specifications, all in a manner Nays—None. Absent—Council Member Krieg.acceptable to the City Engineer, and in conformance with construction Communication of City Managerimprovement plans approved by the City recommending approval of final plat forEngineer, and inspected by the City Sunnyslopes Estates Phase 3, property, presentedEngineer. and read. Council Member Kluesner moved thatb.To install sanitary sewer mains and sewer the communication be received and filed.service laterals into each individual lot, Seconded by Council Member Nagle. Carried bywater mains and water service laterals into the following vote: Yeas—Mayor Duggan,each individual lot, storm sewers and Council Members Kluesner, Nagle, Nicholson,catch basins, boulevard street lighting and Robbins, Voetberg. Nays—None. erosion control devices all in accordance Absent—Council Member Krieg.with the City of Dubuque standard specifications, all in a manner acceptable RESOLUTION NO. 278-94to the City Engineer, and in accordance A RESOLUTION APPROVING THE FINALwith construction improvement plans PLAT OF SUNNYSLOPE ESTATES PHASEapproved by the City Engineer, and inspected by the City Engineer. 3 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the Cityc.To final grade and seed the proposed park Clerk a final plat of Sunnyslope Estates Phase 3 inarea in a manner acceptable to the Leisure the City of Dubuque, Iowa; andServices Director. Whereas, upon said final plat appear streets tod.To construct said improvements, within be known as Sunnyslope Drive, also known as Lotone (1) year from the date of acceptance Regular Session, August 15, 1994266 of this resolution, at the sole expense ofWhereas, on February 21, 1989, the City of the owners, or future owners;Dubuque ("CITY") and Dubuque In-Futuro, Inc. e.To maintain the public improvements, for("DIF, Inc.") entered into an agreement whereby a period of two (2) years from the date ofthe CITY loaned $200,000 in Community the acceptance of those improvements byDevelopment Block Grant Funds to DIF, Inc. for the City of Dubuque, Iowa, at the solethe purpose of grading land for industrial sites expense of the owners, or future owners;within the community; and And further provided that said Radford RoadWhereas, the U.S. Department of Housing and Development, Inc., as owner of said property, shallUrban Development has requested that the CITY secure the performance of the foregoing conditionsamend said loan agreement with DIF, Inc. to provided in this Section by providing guarantees inestablish the number of jobs that are to be created, such form and with such sureties as may beand of these, the number which will be held by low acceptable to the City Manager of the City ofor moderate income persons; and Dubuque, Iowa.Whereas, a Loan Agreement Amendment has Section 3. Sidewalk installation shall be thebeen prepared to comply with the request of the responsibility of the owner of the property abuttingU.S. Department of Housing and Urban the public right-of-way, as required by City CodeDevelopment and is to be executed by DIF, Inc. 42-24(e).NOW, THEREFORE, BE IT RESOLVED BY Section 4. That in the event Radford RoadTHE CITY COUNCIL OF THE CITY OF Development, Inc. shall fail to execute theDUBUQUE, IOWA: acceptance and furnish the guarantees provided inSection 1. That the Loan Agreement Section 2 hereof within 45 days after the date ofAmendment, attached hereto and by this reference this Resolution, the provisions hereof shall be nullmade a part hereof, is hereby approved. and void and the acceptance of the dedication andSection 2. That the Mayor and City Clerk are approval of the plat shall not be effective.hereby authorized and directed to execute, on Passed, approved and adopted this 15th day ofbehalf of the City of Dubuque, Iowa, said Loan August, 1994.Agreement Amendment. Terrance M. Duggan, MayorSection 3. That the City Manager is hereby ATTEST:authorized to forward a copy of the executed Loan Karen M. Chesterman, Deputy City ClerkAgreement Amendment to the U.S. Department of ACCEPTANCE OF RESOLUTIONHousing and Urban Development. NO. 278-94Passed, approved and adopted this 15th day of We, the undersigned, Ernest Quade and GeneAugust, 1994. Sullivan, representing Radford RoadTerrance M. Duggan, Mayor Development, Inc., having read the terms andAttest: conditions of the Resolution No. 278-94 and beingKaren M. Chesterman, Deputy City Clerk familiar with the conditions thereof, hereby acceptCouncil Member Voetberg moved to adopt the this same and agree to the conditions requiredResolution. Seconded by Council Member therein.Robbins. Carried by the following vote: Dated in Dubuque, Iowa this day ofYeas—Mayor Duggan, Council Members _______________, 1994.Kluesner, Nagle, Nicholson, Robbins, Voetberg. (REPLACED BY RES. NO. 328-94,10/7/94)Nays—None. Absent—Council Member Krieg. By Ernest M. QuadeRESOLUTION NO. 280-94 Radford Road Development, Inc.NOW, THEREFORE, BE IT RESOLVED BY By THE CITY COUNCIL OF THE CITY OF Gene F. SullivanDUBUQUE, IOWA: Radford Road Development, Inc.That the following having complied with the provisions of law relating to the sale of Cigarettes Council Member Kluesner moved adoption ofwithin the City of Dubuque, Iowa, be granted a the Resolution. Seconded by Council Memberpermit to sell Cigarettes and Cigarette Papers Nagle. Carried by the following vote:within said City. Yeas—Mayor Duggan, Council MembersCordial ClubMichael Demmer Kluesner, Nagle, Nicholson, Robbins, Voetberg.1445 Central Ave Nays—None. Absent—Council Member Krieg.Passed, approved and adopted this 15th day of August, 1994. Communication of City Manager concerningTerrance M. Duggan, Mayor amendment of a Loan Agreement with DubuqueAttest: In-Futuro, Inc., presented and read. CouncilKaren M. Chesterman, Deputy City Clerk Member Voetberg moved that the communicationCouncil Member Kluesner moved adoption of be received and filed. Seconded by Councilthe Resolution. Seconded by Council Member Member Robbins. Carried by the following vote:Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council MembersYeas—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg.Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Krieg.Nays—None. Absent—Council Member Krieg. RESOLUTION NO. 279-94RESOLUTION NO. 281-94 Whereas, applications for Beer Permits have RESOLUTION APPROVING AN AMENDMENT TO A LOAN AGREEMENTbeen submitted and filed to this Council for BY AND BETWEEN THE CITY OFapproval and the same have been examined and approved; and DUBUQUE, IOWA AND DUBUQUE IN Whereas, the premises to be occupied by such FUTURO, INC. DATED FEBRUARY 21, 1989applicants were inspected and found to comply 267Regular Session, August 15, 1994 with the Ordinances of this City and have filedCommunication of Zoning Commission proper bonds.recommending approval of rezoning request of NOW, THEREFORE, BE IT RESOLVED BYHoly Ghost Parish from R-1 Single-Family THE CITY COUNCIL OF THE CITY OFResidential to OR Office Residential District at DUBUQUE, IOWA:2887 Central, presented and read. Council That the Manager be authorized to cause to beMember Voetberg moved that the communication issued the following named applicants a Beerbe received and filed. Seconded by Council Permit.Member Nagle. Carried by the following vote: CLASS "C" BEER PERMITYeas—Mayor Duggan, Council Members Iowa Oil Co.IOCO Speede ShoppeKluesner, Nagle, Nicholson, Robbins, Voetberg. 1387 DodgeNays—None. Absent—Council Member Krieg. Iowa Oil Co.IOCO Speede Shoppe 1998 JacksonAn Ordinance Amending Appendix A (the Rainbo Oil Co.Kwik Stop Food MartZoning Ordinance) of the City of Dubuque Code 2255 Kerperof Ordinances, by reclassifying property located at Trans-Miss InvestmentsOky Doky #212887 Central Ave. from R-1 Single-Family 2010 KerperResidential District to OR Office Residential CLASS "BE" BEER PERMITDistrict, presented and read. Council Member TFM Co.Oky Doky #1Voetberg moved that a Public Hearing be held on 250 W. 1st St.the proposed Ordinance on the 6th day of CLASS "B" BEER PERMITSeptember, 1994 at 7:30 o'clock p.m. at the Public (Special Event 5- Day)Library Auditorium and that the City Clerk be Donna GinterRiverfestdirected to publish notice of the Public Hearing in Town Clock Plazathe manner prescribed by law. Seconded by Passed, approved and adopted this 15th day ofCouncil Member Nagle. Carried by the following August, 1994.vote: Yeas—Mayor Duggan, Council Members Terrance M. Duggan, MayorKluesner, Nagle, Nicholson, Robbins, Voetberg. Attest:Nays—None. Absent—Council Member Krieg. Karen M. Chesterman, Deputy City ClerkCommunication of Zoning Commission Council Member Kluesner moved adoption ofrecommending approval, with conditions, of the Resolution. Seconded by Council Memberrequest of Table Mound Park Corporation Nagle. Carried by the following vote:amending the PR Planned Residential District to Yeas—Mayor Duggan, Council Membersallow the extension of Bankston Drive and allow Kluesner, Nagle, Nicholson, Robbins, Voetberg.for 25 mobile home lots and construction of a Nays—None. Absent—Council Member Krieg.duplex at Table Mound III Park, presented and read. Council Member Voetberg moved that the RESOLUTION NO. 282-94communication be received and filed. Seconded Whereas, applications for Liquor Licenses haveby Council Member Nagle. Carried by the been submitted to this Council for approval and thefollowing vote: Yeas—Mayor Duggan, Council same have been examined and approved; andMembers Kluesner, Nagle, Nicholson, Robbins, Whereas, the premises to be occupied by suchVoetberg. Nays—None. Absent—Council applicants were inspected and found to complyMember Krieg. with the State Law and all City Ordinances relevant thereto and they have filed proper bonds.An Ordinance Amending Appendix A (the NOW, THEREFORE, BE IT RESOLVED BYZoning Ordinance) of the City of Dubuque Code THE CITY COUNCIL OF THE CITY OFof Ordinances by adopting an Amended DUBUQUE, IOWA:Conceptual Development Plan for property located That the Manager be authorized to cause to beWest of Rockdale Road for the Table Mound issued the following named applicantsMobile Home Park PR Planned Residential a Liquor License. District in the City of Dubuque, Iowa, presented CLASS "BW" SPECIALand read. Council Member Voetberg moved that LIQUOR LICENSEa Public Hearing be held on the proposed Frank Romano & Nick CiminoRomano'sOrdinance on the 6th day of September, 1994 at 951 Main St.7:30 o'clock p.m. at the Public Library Auditorium CLASS "C" (COMMERCIAL) BEER ANDand that the City Clerk be directed to publish LIQUOR LICENSEnotice of the Public Hearing in the manner David H. EricksonLucky "13" Tapprescribed by law. Seconded by Council Member 385 E. 13th St.Nagle. Carried by the following vote: Greater DBQ River Boat Ent. Co. LC DiamondYeas—Mayor Duggan, Council Members Jo Casino Portside400 E. 3rd St.Kluesner, Nagle, Nicholson, Robbins, Voetberg. (Outdoor Service Only)Nays—None. Absent—Council Member Krieg. Passed, approved and adopted this 15th day of August, 1994.Communication of the City Manager Terrance M. Duggan, Mayorsubmitting documents providing for the bidding Attest:process for Kelly Lane - Asphalt Leveling Project, Karen M. Chesterman, Deputy City Clerkpresented and read. Council Member Nagle Council Member Kluesner moved adoption ofmoved that the communication be received and the Resolution. Seconded by Council Memberfiled. Seconded by Council Member Robbins. Nagle. Carried by the following vote:Carried by the following vote: Yeas—Mayor Yeas—Mayor Duggan, Council MembersDuggan, Council Members Kluesner, Nagle, Kluesner, Nagle, Nicholson, Robbins, Voetberg.Nicholson, Robbins, Voetberg. Nays—None. Nays—None. Absent—Council Member Krieg.Absent—Council Member Krieg. Regular Session, August 15, 1994268 BE IT FURTHER RESOLVED, that the RESOLUTION NO. 283-94 PRELIMINARY APPROVAL OF PLANSamount of the security to accompany each bid shall AND SPECIFICATIONSbe in an amount which shall conform to the NOW THEREFORE, BE IT RESOLVED BYprovisions of the notice to bidders hereby approved THE CITY COUNCIL OF THE CITY OFas a part of the plans and specifications heretofore DUBUQUE, IOWA:adopted. That the proposed plans, specifications, form ofThat the City Clerk is hereby directed to contract and estimated cost for the Kelly Lane -advertise for bids for the construction of the Asphalt Leveling Project from Fremont Avenue toimprovements herein provided, to be published in Rockdale Road, in the estimated amount ofa newspaper having general circulation in the City $66,410.85, are hereby approved and ordered filedof Dubuque, Iowa, which notice shall not be less in the office of the City Clerk for public inspection.than four days nor more than twenty days prior to Passed, adopted and approved this 15th day ofthe receipt of said bids at 2:00 p.m. on the 8th day August, 1994.of September, 1994. Bids shall be opened and Terrance M. Duggan, Mayorread by the City Clerk at said time and will be Attest:submitted to the Council for final action at 7:30 Karen M. Chesterman, Deputy City Clerkp.m. on the 19th day of September, 1994. Council Member Nagle moved adoption of thePassed, adopted and approved this 15th day of Resolution. Seconded by Council MemberAugust, 1994. Robbins. Carried by the following vote:Terrance M. Duggan, Mayor Yeas—Mayor Duggan, Council MembersAttest: Kluesner, Nagle, Nicholson, Robbins, Voetberg.Karen M. Chesterman, Deputy City Clerk Nays—None. Absent—Council Member Krieg.Council Member Nagle moved adoption of the Resolution. Seconded by Council Member RESOLUTION NO. 284-94Robbins. Carried by the following vote: FIXING DATE OF HEARING ON PLANSYeas—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. AND SPECIFICATIONS Whereas, the City Council of the City ofNays—None. Absent—Council Member Krieg. Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of theMINUTES SUBMITTED — Cable City Clerk for public inspection of the Kelly Lane -Community Teleprogramming Commission Asphalt Leveling Project from Fremont Avenue toMeeting of 7-26; Electrical Code Board of 8-8; Rockdale Road.Environmental Stewardship Commission of 8-2; NOW THEREFORE, BE IT RESOLVED BYInvestment Oversight Commission of 7-21; THE CITY COUNCIL OF THE CITY OFLibrary Board of Trustees of 7-28; Long Range DUBUQUE, IOWA:Planning Commission of 7-20; Zoning Board of That on the 19th day of September, 1994, aAdjustment of 7-28; Zoning Commission of 8-3, public hearing will be held at 7:30 p.m. in thepresented and read. Council Member Voetberg Public Library Auditorium at which timemoved that the minutes be received and filed. interested persons may appear and be heard for orSeconded by Council Member Nagle. Carried by against the proposed plans and specifications, formthe following vote: Yeas—Mayor Duggan, of contract and cost of said improvement, and theCouncil Members Kluesner, Nagle, Nicholson, City Clerk be and is hereby directed to cause aRobbins, Voetberg. Nays—None. notice of time and place of such hearing to beAbsent—Council Member Krieg. published in a newspaper having general circulation in the City of Dubuque, Iowa, whichNOTICES OF CLAIMS/SUITS — Eunice M. notice shall be not less than four days nor moreBamrick in amount of $61.82 for vehicle damages; than twenty days prior to the day fixed for itsMark J. Behnke in amount of $69.96 for vehicle consideration. At the hearing, any interesteddamages; Landa L. Butteris in amount of $365.00 person may appear and file objections to thefor vehicle damages; Inter-State Builders Supply proposed plans, specifications, contract, orCo. in amount of $524.00 for vehicle damages; estimated cost of the improvement.Aaron Less in amount of $129.09 for vehicle Passed, adopted and approved this 15th day ofdamages; Clyde Flynn in unknown amount for August, 1994.property damages; Roger J. Gartner in amount of Terrance M. Duggan, Mayor$921.31 for vehicle damages; Katherine L. Kelly Attest:in amount of $2,000.00 for property damages; Karen M. Chesterman, Deputy City ClerkFermin San Marcos in amount of $331.38 for Council Member Nagle moved adoption of thevehicle damages; Carl R. Noel, in amount of Resolution. Seconded by Council Member$450.00 for property damages; Marilyn A. Reiter Robbins. Carried by the following vote:in amount of $39.75 for vehicle damages; Steven Yeas—Mayor Duggan, Council Members& Marilyn Skahill in amount of $500.00 for Kluesner, Nagle, Nicholson, Robbins, Voetberg.vehicle damages; Roxanne Trautwein in amount of Nays—None. Absent—Council Member Krieg.$60.00 for personal property damage, presented and read. Council Member Voetberg moved that RESOLUTION NO. 285-94the claims and suits be referred to the Legal Staff ORDERING BIDSfor investigation and report. Seconded by Council NOW THEREFORE, BE IT RESOLVED BYMember Nagle. Carried by the following vote: THE COUNCIL OF THE CITY OF DUBUQUE,Yeas—Mayor Duggan, Council Members IOWA:Kluesner, Nagle, Nicholson, Robbins, Voetberg. That the Kelly Lane - Asphalt Leveling ProjectNays—None. Absent—Council Member Krieg. from Fremont Avenue to Rockdale Road is hereby ordered to be advertised for bids for construction. 269Regular Session, August 15, 1994 Corporation Counsel advising the followingKluesner, Nagle, Nicholson, Robbins, Voetberg. claims have been referred to Crawford and Co., theNays—None. Absent—Council Member Krieg. agent for the Iowa Communities Assurance Pool: personal injury of Kristin Carlson by BrendaRESOLUTION NO. 286-94 Lampo; personal injury of C.J. Gantz; personal RESOLUTION APPROVING THE injury of Lois Johns; property damage of Robert &SUBMITTAL OF AN APPLICATION FOR Judith McElmeel, presented and read. CouncilDMATS TRANSPORTATION Member Voetberg moved that the communications ENHANCEMENT FUNDING. be received and filed. Seconded by CouncilWhereas, the DMATS Policy Committee has Member Nagle. Carried by the following vote:announced the availability of $489,000 in local Yeas—Mayor Duggan, Council MembersTransportation Enhancement funds; and Kluesner, Nagle, Nicholson, Robbins, Voetberg.Whereas, the development of pedestrian and Nays—None. Absent—Council Member Krieg.bicycle facilities, landscaping and other scenic beautification, and design, engineering, acquisition Corporation Counsel advising the followingand construction costs are eligible for enhancement claims have been referred to the Dubuque Racingfunding; and Association: car damage of Stephen & AveryWhereas, the City has an adopted Riverfront Clow; car damage claim of Jim Kalloway; carPlan that places high priority on the development damage claim of Richard and Marjorie Ennis;of a riverwalk and transient boat dock along the property damage claim of Diane Leisen, presentedIce Harbor, and recognizes the commercial and and read. Council Member Voetberg moved thatrecreational potential of the riverfront and the communications be received and filed. especially the 4th Street Peninsula; and Seconded by Council Member Nagle. Carried byWhereas, DMATS has asked that the City the following vote: Yeas—Mayor Duggan,provide assurance that once developed, the Council Members Kluesner, Nagle, Nicholson,Mississippi Riverwalk and transient boat dock Robbins, Voetberg. Nays—None. project will be adequately maintained for its Absent—Council Member Krieg.intended public use for a minimum of twenty (20) years following project completion. Corporation Counsel advising the followingNOW THEREFORE, BE IT RESOLVED BY claim has been referred to the Iowa Dept. ofTHE CITY COUNCIL OF THE CITY OF Transportation: car damage of Jan Appleby,DUBUQUE, IOWA: presented and read. Council Member VoetbergSection 1. That the Mayor is hereby authorized moved that the communication be received andto sign and submit this application to the DMATS filed. Seconded by Council Member Nagle.Policy Committee for DMATS Transportation Carried by the following vote: Yeas—MayorEnhancement funds. Duggan, Council Members Kluesner, Nagle,Section 2. That the City Council authorizes the Nicholson, Robbins, Voetberg. Nays—None. City Manager to utilize budgeted Capital Absent—Council Member Krieg.Improvement Program funds to provide a portion of the twenty (20) percent dollar match required by Corporation Counsel recommending settlementthis program should the application be approved of vehicle damage claim of Mark Behnke be paidby DMATS. in the amount of $69.96 and submitted to ICAPSection 3. That in the event said application is for reimbursement, presented and read. Councilapproved by DMATS, the City Manager is hereby Member Voetberg moved that the communicationauthorized to negotiate a maintenance agreement be received and filed and settlement approved andwith the Dubuque County Historical Society to directing Finance Director to issue check. ensure that the Mississippi Riverwalk and transient Seconded by Council Member Nagle. Carried byboat dock project will be adequately maintained the following vote: Yeas—Mayor Duggan,for its intended public use for a minimum of Council Members Kluesner, Nagle, Nicholson,twenty (20) years following project completion. Robbins, Voetberg. Nays—None. Section 4. That the City of Dubuque agrees to Absent—Council Member Krieg.abide by all local, state and federal requirements applicable to the proposed projects. Corporation Counsel recommending denial ofPassed, approved and adopted this 15th day of vehicle damage claim of Marilyn Reiter, presentedAugust, 1994. and read. Council Member Voetberg moved thatTerrance M. Duggan, Mayor the communication be received and filed andAttest: denial approved. Seconded by Council MemberKaren M. Chesterman, Deputy City Clerk Nagle. Carried by the following vote:Council Member Voetberg moved adoption of Yeas—Mayor Duggan, Council Membersthe Resolution. Seconded by Council Member Kluesner, Nagle, Nicholson, Robbins, Voetberg.Nagle. Carried by the following vote: Nays—None. Absent—Council Member Krieg.Yeas—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Communication of City Manager submittingNays—None. Absent—Council Member Krieg. documents and requesting approval of usage of DMATS Transportation Enhancement Funds forRESOLUTION NO. 287-94 various projects — construction of a MississippiRESOLUTION APPROVING THE Riverwalk and Transient Boat Dock at the IceSUBMITTAL OF TWO APPLICATIONS Harbor and Two River Corridor Hike/Bike Trail FOR DMATS TRANSPORTATION Projects, presented and read. Council MemberENHANCEMENT FUNDING. Voetberg mvoed that the communication beWhereas, the DMATS Policy Committee has received and filed. Seconded by Council Memberannounced the availability of $489,000 in local Nagle. Carried by the following vote:Transportation Enhancement funds; and Yeas—Mayor Duggan, Council Members Regular Session, August 15, 1994270 Whereas, the development of pedestrian andapproved Agreement. Seconded by Council bicycle facilities, the acquisition of scenicMember Nagle. Carried by the following vote: easements, landscaping and other scenicYeas—Mayor Duggan, Council Members beautification and the preservation of abandonedKluesner, Nagle, Nicholson, Robbins, Voetberg. railway corridors, including the conversion and useNays—None. Absent—Council Member Krieg. of those corridors for pedestrian or bicycle trails, are eligible activities for enhancement funding; andCommunication of City Manager Whereas, design, engineering, acquisition andrecommending approval of the Purchase of construction costs are eligible for enhancementServices Agreement with the Substance Abuse funding; andServices Center and authorizing execution of the Whereas, the City has an adopted Riverfrontcontract by the Mayor, presented and read. Plan that places high priority on hike/bike trailCouncil Member Voetberg moved that the development along the Mississippi River and thecommunication be received and filed and development of a riverwalk promenade along theAgreement approved. Seconded by Council 4th Street Peninsula and the Ice Harbor; andMember Nagle. Carried by the following vote: Whereas, the City of Dubuque recognizes theYeas—Mayor Duggan, Council Members commercial and recreational potential of theKluesner, Nagle, Nicholson, Robbins, Voetberg. riverfront and especially the 4th Street Peninsula;Nays—None. Absent—Council Member Krieg. and Whereas, the design, engineering and costCommunication of City Manager estimations for these projects will enablerecommending approval of the Purchase of development of these recreational amenities for notServices Agreement with Helping Services for only the community, but for the region and theNortheast Iowa, Inc. and authorizing execution of state.the contract by the Mayor, presented and read. NOW THEREFORE, BE IT RESOLVED BYCouncil Member Voetberg moved that the THE CITY COUNCIL OF THE CITY OFcommunication be received and filed and DUBUQUE, IOWA:Agreement approved. Seconded by Council Section 1. That the Mayor is hereby authorizedMember Nagle. Carried by the following vote: to sign and submit these applications to theYeas—Mayor Duggan, Council Members DMATS Policy Committee for DMATSKluesner, Nagle, Nicholson, Robbins, Voetberg. Transportation Enhancement funds.Nays—None. Absent—Council Member Krieg. Section 2. That the City Council authorizes the City Manager to utilize budgeted CapitalCommunication of Zoning Commission Improvement Program funds to provide the twentyapproving final plat of property located at percent dollar match required by this programNorthwest Arterial and Asbury Rd., specifically should the application(s) be approved by DMATSSurvey Plat of Lot 1 of Salvo-Salas Place, as and the Iowa Department of Transportation.requested by Interstate Power, presented and read. Section 3. That the City of Dubuque agrees toCouncil Member Voetberg moved that the abide by all local, state and federal requirementscommunication be received and filed. Seconded applicable to the proposed projects.by Council Member Nagle. Carried by the Passed, approved and adopted this 15th day offollowing vote: Yeas—Mayor Duggan, Council August, 1994.Members Kluesner, Nagle, Nicholson, Robbins, Terrance M. Duggan, MayorVoetberg. Nays—None. Absent—Council Attest:Member Krieg. Karen M. Chesterman, Deputy City Clerk Council Member Voetberg moved adoption of RESOLUTION NO. 288-94 the Resolution. Seconded by Council MemberRESOLUTION APPROVING THE SURVEY Nagle. Carried by the following vote:PLAT OF LOT 1 OF SALVO-SALVAS IN Yeas—Mayor Duggan, Council Members THE CITY OF DUBUQUE, IOWA. Kluesner, Nagle, Nicholson, Robbins, Voetberg.Whereas, there has been filed with the City Nays—None. Absent—Council Member Krieg.Clerk a survey plat of Lot 1 of Salvo-Salvas Place, in the City of Dubuque, Iowa; and Communication of City ManagerWhereas, said plat has been examined by the recommending approval of the Purchase ofCity Zoning Commission and had its approval Services Agreement with Project Concern/Phone-endorsed thereon; and A-Friend for the Foster Grandparent Program andWhereas, said plat has been approved by the authorizing execution of the contract by theCity Zoning Commission waiving the frontage Mayor, presented and read. Council Memberrequirement of Section 42-19 of the Subdivision Voetberg moved that the communication beRegulations of the City and with the conditions received and filed and approved Agreement.that Lot 1 is nonbuildable except for a utility Seconded by Council Member Nagle. Carried bysubstation, and that an approved all-weather the following vote: Yeas—Mayor Duggan,surface shall be provided on the existing access Council Members Kluesner, Nagle, Nicholson,road. Robbins, Voetberg. Nays—None. Whereas, said plat has been examined by the Absent—Council Member Krieg.City Council and the City Council finds that the same conforms to the statutes and ordinances Communication of City Managerrelating thereto, except for lot frontage on a public recommending approval of the Purchase ofstreet or an approved private street. Services Agreement with the Retired and SeniorWhereas, the City Council concurs in the Volunteer Program (RSVP) and authorizingcondition of approval established by the City execution of the contract by the Mayor, presentedZoning Commission. and read. Council Member Voetberg moved that the communication be received and filed and 271Regular Session, August 15, 1994 NOW THEREFORE, BE IT RESOLVED BY ADOPTING SUPPLEMENT NO. 19 TO THE THE CITY COUNCIL OF THE CITY OFCODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA:DUBUQUE, IOWA Section 1. That the above-described surveyWhereas, under date of July 17, 1989, the City plat be and the same is hereby approved and theCouncil, pursuant to Ordinance No. 34-89, Mayor and City Clerk are hereby authorized andreadopted the Code of Ordinances of the City of directed to waive the frontage requirement ofDubuque, Iowa for ordinances adopted up to and Section 42-19 of the Subdivision Regulations ofincluding December 19, 1988; and the City, and to endorse the approval of the City ofWhereas, since December 19, 1988 the City Dubuque upon final plat provided that the ownerCouncil of the City of Dubuque, Iowa has adopted of said property shall execute a written acceptancecertain ordinances amending the Code of hereto attached, acknowledging and agreeing:Ordinances and said amendments have been a)Lot 1 is a nonbuildable lot except for aprinted as supplements to the Code of Ordinances; utility substation.and b)An all-weather surface to be approved byWhereas, Section 380.8 of the Code of the City Fire Marshal shall be provided onOrdinances provides that supplements, by the existing access road to the utilityresolution, become part of the Code of Ordinances. substation.NOW, THEREFORE, BE IT RESOLVED BY Section 2. That in the event the owner fails toTHE CITY COUNCIL OF THE CITY OF execute the acceptance provided for in Section 1DUBUQUE, IOWA: herein within 45 days after the date of thisSection 1. That Supplement No. 19 of the resolution, the provisions herein shall be null andCode of Ordinances of the City of Dubuque, Iowa, void and the approval of the plat shall not becovering Ordinances through Ordinance No. 38-94 effective.enacted through June 20, 1994 and prepared by Passed, approved and adopted this 15th day ofthe Municipal Code Corporation, Tallahassee, August, 1994.Florida, hereto filed in the office of the City of Terrance M. Duggan, MayorDubuque, Iowa be and is hereby adopted and Attest:becomes part of the Code of Ordinances of the City Karen M. Chesterman, Deputy City Clerkof Dubuque, Iowa. ACCEPTANCE OF RESOLUTIONPassed, approved and adopted this 15th day of NO. 288-94August, 1994. I, the undersigned, G.L. Kopischke, ViceTerrance M. Duggan, Mayor President, Electric Operations, Interstate PowerAttest: Company, having read the terms and conditions ofKaren M. Chesterman, Deputy City Clerk the Resolution No. 288-94 and being familiar withCouncil Member Voetberg moved adoption of the conditions thereof, hereby accept this same andthe Resolution. Seconded by Council Member agree to the conditions required therein.Nagle. Carried by the following vote: Dated in Dubuque, Iowa this 21st day ofYeas—Mayor Duggan, Council Members September, 1994.Kluesner, Nagle, Nicholson, Robbins, Voetberg. By /s/ G.L. Kopischke, Vice PresidentNays—None. Absent—Council Member Krieg. Electric Operations, Interstate Power Company Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Krieg. Communication of the City ManagerREFUNDS REQUESTED: Sally Jo Herrig recommending execution of the Hold Harmless(Grandview Milk House) $56.25 and Christopher Agreement with County for radio tower atMcGhee (The Caddie Shack) $150.00 on Sunnycrest, presented and read. Council Memberunexpired Beer Permits, presented and read. Voetberg moved that the communication beCouncil Member Voetberg moved that the refunds received and filed and approved execution.be approved with Finance Director to issue proper Seconded by Council Member Nagle. Carried bychecks. Seconded by Council Member Nagle. the following vote: Yeas—Mayor Duggan,Carried by the following vote: Yeas—Mayor Council Members Kluesner, Nagle, Nicholson,Duggan, Council Members Kluesner, Nagle, Robbins, Voetberg. Nays—None. Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Krieg.Absent—Council Member Krieg. Communication of City ManagerIowa DOT Submitting "In Matter of the recommending adoption of Supplement No. 19 toCondemnation of Certain Rights in Land by the Code of Ordinances, presented and read.IDOT" for the Improvement of Primary Road No. Council Member Voetberg moved that theU.S. 20 for Project No. FN-20-9(29)—21-31: Lot communication be received and filed. Seconded1 and part of Lot 2 and vacated alley abutting by Council Member Nagle. Carried by thethere on in Reeder Langworthy's Subd.; Lot 2 of following vote: Yeas—Mayor Duggan, CouncilMineral Lot 68 and Lot 4A of Mineral Lot 149; Members Kluesner, Nagle, Nicholson, Robbins,also Lot 15 and 16 in Reeder Langworthy's Subd.; Voetberg. Nays—None. Absent—Councilalso Lot 2 of the E. 45' of Lot 3; Lot 2 of Lot 2; Member Krieg.and Lot 2 of Lot 1 of Lot 2; all in Union Addition; Lot 2 of Lot 1 of the Subd. of Out Lot 730 and of Lot 1 of Union Addn.; and Lot 2 of Lot 1 of RESOLUTION NO. 289-94 "Rommel Place" all in the City, presented and Regular Session, August 15, 1994272 read. Council Member Voetberg moved that the____________________________________ communication be received and filed. Seconded by Council Member Nagle. Carried by the ____________________________________ following vote: Yeas—Mayor Duggan, Council Council Members Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Attest: Member Krieg. Proof of publication certified to by the ____________________________________ Publisher of List of Claims for Month ending June City Clerk 30, 1994, presented and read. Council Member Voetberg mvoed that the proof be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Krieg. Brad Parks, 900 Rhomberg, objected to present method of appointing members to Boards and Commissions. There being no further business, Council Member Nicholson moved to adjourn. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Krieg. Meeting adjourned at 8:44 p.m. Karen M. Chesterman Deputy City Clerk Approved ______________________, 1995. Adopted _______________________, 1995. ____________________________________ Mayor ____________________________________ ____________________________________ ____________________________________ ____________________________________