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1995 March Council Proceedings2 Regular Session, March 6, 1995 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, March 6, 1995 Council Met at 7:30 pm., Public Library Auditorium. Present—Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A Lindahl Absent—Mayor Duggan Mayor Pro -Tem Kluesner read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council Invocation was given by Wayne Whittenbaugh, Pastor of the Apostolic Christian Church PROCLAMATIONS — March 12-18 as "Family Child Care Provider's Week" received by Kathy ONeill, March 12-18 as "Girl Scout Week" and March 12-18 as "Older Workers Employment Week" received by Janine Kaufmann. MINUTES SUBMITTED — Airport Commission of 1-10: Cable TV Regulatory Commission of 2-15, Cable TV Teleprogramming Commission of 2-14; Electrical Code Board of 2- 27: Five Flags Commission of 2-20: Housing Commission of 2-14: Library Board of Trustees of 1-26; Park & Recreation Commission of 2-14; Plumbing Board of 2-21, and the Dubuque Auxiliary Police submitting their annual report, presented and read Council Member Nagle moved that the minutes be received and filed Seconded by Council Member Robbins_ Carried by the following vote: Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan NOTICES OF CLAIMS/SUITS — Ronald Drish, in unknown amount for property damages: Leonard W Dress, Ir_, in amount of $369 08 for property damages: Rose Flynn in estimated amount of $75 00 - $100 00 for property damages: Martin L Maas in amount of $800 00 for vehicle damages: Vicki Schilling in estimated amount of $38788 for vehicle damages: James Willging in estimated amount of $17548 for vehicle damages, presented and read Council Member Nagle moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Robbins. Carried by the following vote_ Yeas—Mayor Pro - Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan Frank Hardie Advertising, Inc vs. State of Iowa et al, submitting stipulations regarding Parcels 239, 255, 274 and 273 located on Dodge Street, presented and read Council Member Nagle moved that the notices be received and filed Seconded by Council Member Robbins Carried by the following vote: Yeas—Mayor Pro -Ten Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan Corporation Counsel recommending denial of car damage claim of David M Wolf, presented and read. Council Member Nagle moved that the communication be received and filed and approved denial. Seconded by Council Member Robbins. Carried by the following vote_ Yeas—Mayor Pro - Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan Corporation Counsel recommending settlement of car damage claim of Darlene Klossner in the amount of $57 92, presented and read Council Member Nagle moved that the communication be received and filed and settlement approved with Finance Director to issue proper check Seconded by Council Member Robbins_ Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan Proofs of Publication, certified to by the Publisher, on Notice of finding of No Significant Effect on the Environment for "Addition to Kennedy Manor Apartments Project", Notice of filing of final schedule of assessment for 1994 Concrete Paving Project, presented and read Council Member Nagle moved that the proofs of publication be received and filed. Seconded by Council Member Robbins_ Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan Ronald Conrad requesting permission to install canopy on back of the building at 646-654 Central Ave, presented and read Council Member Nagle moved that the matter be referred to the City Manager Seconded by Council Member Robbins_ Carried by the following vote_ Yeas—Mayor Pro - Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan Rick Donath requesting a permanent easement across Lot 130 of Lennox Addition to construct a water service lateral to Lot 112 of Lennox Addition, presented and read Council Member Nagle moved that the matter be referred to the City Manager and Staff Seconded by Council Member Robbins_ Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. Iowa DOT advising of their intent to sell a tract of land located between E 12th and E 11th St_ and a smaller parcel of land on E 12th St_, presented and read Council Member Nagle moved that the matter be referred to the City Manager Seconded by Council Member Robbins_ Regular Session, March 6, 1995 3 Carried by the following vote_ Yeas—Mayor Pro- Iem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan Cable Franchise Administrator requesting Council to declare Mr. Wolfs seat on the Cable Teleprogramming Commission vacant, presented and read. Council Member Nagle moved that the communication be received and filed and approved vacancy. Seconded by Council Member Robbins. Carried by the following vote_ Yeas—Mayor Pro - Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan City Manager recommending approval of Funding Agreement between City of Dubuque and Dubuque Area Chamber of Commerce for an Employment Needs Study, presented and read Council Member Nagle moved that the communication be received and filed. Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan RESOLUTION NO. 64-95 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE DUBUQUE AREA CHAMBER OF COMMERCE FOR EXECUTION OF A FUNDING AGREEMENT FOR THE EMPLOYMENT NEEDS STUDY Whereas, The City is a participating city in the Community Development Block Grant Program (CDBG) of the United States Department of Housing and Urban Development, and Whereas, the City has set aside CDBG funds for planning to study the employment needs of businesses in the community, and Whereas, there has been prepared a Funding Agreement between the City of Dubuque and the Dubuque Area Chamber of Commerce, a copy of which is attached hereto and by this reference made a part hereof, which formalizes the relationship of the parties with regard to planning, conducting and evaluating the study: and Whereas, the City finds the proposed study to be in the public interest NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the Funding Agreement between the City of Dubuque and the Dubuque Area Chamber of Commerce is hereby approved Section 2 That the City Manager is hereby authorized and directed to execute the Funding Agreement on behalf of the City Passed, approved and adopted this 6th day of March, 1994. Loras I Kluesner, Mayor Pro -Tem Attest Mary A Davis, City Clerk Council Member Nagle moved adoption of the Resolution Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Voetberg Nays—None Absent—Mayor Duggan City Manager recommending Council support for State legislation to increase food inspection fees and provide legislative guidance on lead poisoning efforts, presented and read Council Member Nagle moved that the communication be received and filed. Seconded by Council Member Robbins. Carried by the following vote_ Yeas—Mayor Pro- Iem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan RESOLUTION NO. 65-95 A RESOLUTION IN SUPPORT OF HSB00S3 AND SSB0103 RELATING TO REGULATION OF FOOD ESTABLISHMENTS. Whereas, since 1976 the City of Dubuque has maintained a contractual agreement with the Iowa Department of Agriculture and the Iowa Department of Inspections and Appeals for the licensures and inspection of food and food service establishments within the City of Dubuque, and Whereas, the City of Dubuque has adopted and enforced the Iowa Food Service Rules and Laws regarding the regulation of food service establishments, collecting license fees, educating food service employees: and Whereas, the license fees generated do not cover the cost of the licensing, inspection, and education of food and food service establishments since these license fees have remained the same since 1978, and Whereas, the Food and Drug Administration has written the 1993 FDA Food Code which emphasizes food safety and other critical components of food service operations NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City Council of the City of Dubuque, Iowa, supports and advocates the adoption of HSE0083ISSE0103 the Food Bill, by the Iowa State Senate and Iowa House of Representatives Section 2 That the City Council supports license fees generating adequate revenue to cover the cost of the food inspection activity Section 3 That the City Council supports the FDA 1993 Food Code, with its emphasis on food safety. Section 4 That the Mayor and the City Manager or his designee is hereby authorized to communicate with Iowa House and Senate representatives to emphasize the importance of HSE0083. Passed, approved and adopted this 6th day of March, 1995. Loras I Kluesner, Mayor Pro -Tem Attest Mary A Davis, City Clerk Council Member Nagle moved adoption of the Resolution Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. RESOLUTION NO. 66-95 A RESOLUTION IN SUPPORT OF HSB00098 AND SSB0147 RELATING TO CHILDHOOD LEAD POISONING PREVENTION LEGISLATION. 4 Regular Session, March 6, 1995 Whereas, in 1994 the City of Dubuque established a childhood lead poisoning prevention program from a grant through the Iowa Department of Public Health for the medical management and environmental follow-up of children identified with high blood level; and Whereas, deteriorated lead-based paint is found in Dubuque homes and presents a risk for children becoming lead poisoned; and Whereas, it is not necessary to abate all lead in order to make an environment safe for children, but to repair the existing lead hazards NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City Council of the City of Dubuque, Iowa, supports and advocates the adoption of HSB0098 and SSB0147, by the Iowa State Senate and Iowa House of Representatives_ Section 2 That the City of Dubuque will advocate for blood lead testing for children six years of age and under, proper inspection of homes where children have been lead poisoned and for requirements that hazards such as peeling and chipping lead-based paint be repaired properly. Section 3 That the Mayor and City Manager or his designee is hereby authorized to communicate with the Iowa House and Senate representatives to emphasize the importance of HSB0098 and SSB0147. Passed, approved and adopted this 6th day of March, 1995. Loras I Kluesner, Mayor Pro -Tem Attest Mary A Davis, City Clerk Council Member Nagle moved adoption of the Resolution Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. City Manager advising of his correspondence to the Governor and area legislators regarding changing the formula for distribution of the bank franchise tax, presented and read Council Member Nagle moved that the communication be received and filed. Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. City Manager recommending approval of plat of survey of Lot 1-B and 2-B of Chaney Road School Place, presented and read Council Member Nagle moved that the communication be received and filed. Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. RESOLUTION NO. 67-95 RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT 1-B AND LOT 2-B OF CHANEY ROAD SCHOOL PLACE IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Plat of Survey of Lot 1-B and Lot 2-B of Chaney Road School Place, in the City of Dubuque, Iowa; and Whereas, said final plat has been reviewed by the City Planner and had its approval endorsed thereon; and Whereas, said plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Plat of Survey of Lot 1-B and Lot 2-B of Chaney Road School Place, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat Passed, approved and adopted this 6th day of March, 1995. Loras I Kluesner, Mayor Pro -Tem Attest Mary A Davis, City Clerk Council Member Nagle moved adoption of the Resolution Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. City Manager recommending approval of plat of survey of Lot 1 of Renaissance Oaks 42, presented and read Council Member Nagle moved that the communication be received and filed Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Pro - Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan RESOLUTION NO. 68-95 RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT 1 OF RENAISSANCE OAKS NO. 2, IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Plat of Survey of Lot 1 of Renaissance Oaks No 2, in the City of Dubuque, Iowa; and Whereas, said final plat has been reviewed by the City Planner and had its approval endorsed thereon; and Whereas, said plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Plat of Survey of Lot 1 of Renaissance Oaks No 2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat Passed, approved and adopted this 6th day of March, 1995. Loras I Kluesner, Mayor, Pro -Tem Attest Mary A Davis, City Clerk Council Member Nagle moved adoption of the Resolution Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. Regular Session, March 6, 1995 5 City Manager recommending approval of Survey Plat of the Division of Lot 2 of Marie Ruble Subdivision, presented and read Council Member Nagle moved that the communication be received and filed. Seconded by Council Member Robbins Coined by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. RESOLUTION NO. 69-95 RESOLUTION APPROVING THE SURVEY PLAT OF THE DIVISION OF LOT 2 OF MARIE RUBIS SUBDIVISION, IN DUBUQUE COUNTY, IOWA. Whereas, there has been filed with the City Clerk a Survey Plat of the Division of Lot 2 of Marie Ruble Subdivision, in Dubuque County, Iowa; and Whereas, said plat has been reviewed by the City Planner and had its approval endorsed thereon; and Whereas, said plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Survey Plat of the Division of Lot 2 of Marie Ruble Subdivision, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat Passed, approved and adopted this 6th day of March, 1995. Loras I Kluesner, Mayor Pro -Tem Attest Mary A Davis, City Clerk Council Member Nagle moved adoption of the Resolution Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. Council Member Krieg moved that the rules be suspended to allow anyone present to address the Council if they so desire Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. Petition of residents of 2250, 2260 and 2280 North Grandview Ave. requesting to be included with proposed Residential Parking Permit District and City Manager recommending to continue public hearing to meeting of March 20th and include additional area within district, presented and read. Council Member Voetberg moved that the petition be received and filed. Seconded by Council Member Nicholson Can'ied by the following vote_ Yeas—Mayor Pro -Ten Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan RESOLUTION NO. 70-95 RESOLUTION SETTING A PUBLIC HEARING ON ESTABLISHING A RESIDENTIAL PARKING PERMIT DISTRICT IN THE SENIOR HIGH SCHOOL AREA Whereas, the City of Dubuque, pursuant to Section 32-383 of the Code of Ordinances, has received a petition containing sufficient signatures requesting that an area described as follows be designated as a Residential Parking Permit District Grandview Avenue, North, east side, from Ungs Street to 2280 North Grandview Avenue Whereas, pursuant to said Section 32-383, the City Manager has caused a parking study of the area identified above to be undertaken and which study shows at least 80% of the curbside parking spaces in the proposed parking permit district were utilized during peak periods, and at least 25% of the curbside parking spaces in the proposed parking permit district were utilized by non- resident parkings: and Whereas, the City Manager, based upon the results of the study, and in accordance with Section 32-383, recommends that the area be designated as a Residential Parking Permit District and that the City Council set a public hearing on the petition to establish such area as a Residential Parking Permit District and the hours such parking restrictions are to be in effect. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the City Council finds and determines that a valid petition has been received for the designation of the above described area as a Residential Parking Permit District Section 2 That the Residential Parking Permit District hours be effective between the hours of 7 30 a m and 10 00 p m daily, except Sundays and Holidays Section 3 That the City Clerk be authorized and directed to publish a notice of public hearing on the designation of the above described area as a Residential Parking Permit District, to be held on March 20, 1995 Passed, approved and adopted this 6th day of March, 1995. Loras I Kluesner, Mayor Pro -Tem Attest Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Pro -Ten Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. An Ordinance Amending Code of Ordinances by adopting a new Section 32-396 thereto providing for the designation of a certain area as Residential Parking Permit District and an Ordinance Amending Code of Ordinances by deleting parts of Clarke Drive and North Grandview Avenue from the two hour time zones designed in subsection (c) of Section 32-262 providing for two hour parking, said Ordinances having been presented and read at the Council Meeting of 2-20-95, presented for further action Council Member Voetberg moved that this be considered the second reading of the Ordinances Seconded by Council Member Nicholson Can'ied by the following vote: Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, 6 Regular Session, March 6, 1995 Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan Proof of Publication certified to by the Publisher on Notice of Public Hearing to approve Lease Agreement with Dubuque Historic Improvement Company and City Manager recommending approval of the Lease Agreement, presented and read Council Member Voetberg moved that the proof and communication be received and filed. Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. RESOLUTION NO. 71-95 RESOLUTION ACCEPTING AND EXECUTING LEASE AGREEMENT WITH DUBUQUE HISTORIC IMPROVEMENT COMPANY Whereas, the Dubuque Historic Improvement Company has renovated the Redstone property located at Fifth and Bluff Streets; and Whereas, parking is an essential element in the utilization of this property to accommodate its clientele; and Whereas, the Dubuque Historic Improvement Company has paid for the cost of curb cuts and other improvements for access to the parking lot from Fifth Street and Whereas, the Dubuque Historic Improvement Company has expressed an interest in leasing sixteen (16) spaces in the City of Dubuque municipal parking lot located at the northwest corner of Fifth and Bluff Streets; and Whereas, the tem of the lease would be for 10 years from April 1, 1995 through March 31, 2005: and Whereas, the base rental would be $4,608 00 per year effective April 1, 1995, and subject to adjustments in rental in parity with rates charged for Dubuque municipal surface parking lots Whereas, a public hearing was held on the lease agreement with Dubuque Historic Improvement Company on March 6, 1995. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the lease agreement with Dubuque Historic Improvement Company be accepted and the Mayor be and he is hereby authorized and directed to execute said lease agreement with Dubuque Historic Improvement Company. Passed, approved and adopted this 6th day of March, 1995. Loras I Kluesner, Mayor Pro -Tem Attest Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. An Ordinance Amending Code of Ordinance providing for changes in Rental Increments fo reserved stall parking in Municipal Parking Lot 43, presented and read (OFFICIAL PUBLICATION) ORDINANCE NO. 11-95 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (2) OF SECTION 32-314 THEREOF PROVIDING FOR CHANGES IN RENTAL INCREMENTS FOR RESERVED STALL PARKING IN MUNICIPAL PARKING LOT 43, THIS LOT LOCATED ON THE NORTH SIDE OF FIFTH STREET AND THE WEST SIDE OF BLUFF. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the Code of Ordinances of the City of Dubuque, Iowa be amended by deleting Subsection (2) of Section 32-314, thereof as follows "Section 32-314, Subsection (2). Same — Time and fee schedule for specific lots (2) On Parking Lot No 3 reserved parking for each space for the sixteen (16) parking spaces for which parking meters have not been installed shall be rented at an annual rent, payable in advance of four thousand eighty dollars ($4080 00) for the period of April 1, 1985 through March 31, 1986; and thereafter, the annual rental shall be increased or decreased as the case may be, for any percentage increase or decrease in the Consumer Price Index In no event shall the annual rental be less than four thousand eighty dollars ($4080 00). Section 2 That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding Section 32-314, subsection (2) as follows- Section 32-314, Subsection (2) (2) On Parking Lot No 3, reserved parking for each space for the sixteen (16) parking spaces for which parking meters have not been installed shall be rented through lease and agreement approved by City Council Passed, approved and adopted this 6th day of March, 1995. Loras I Kluesner, Mayor Pro -Tem Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald newspaper this 13th day of March, 1995 It 3/13 Mary A Davis, CMC, City Clerk Council Member Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Pro -Ten Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan Council Member Voetberg moved final consideration and passage of the Ordinance. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Pro -Ten Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. Regular Session, March 6, 1995 7 Proof of Publication certified to by the Publisher on Notice of Public Hearing to reclassify property at 2077, 2093 Hummingbird Drive from R-4 to R-3 District, presented and read Council Member Voetberg moved that the proof be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. An Ordinance Amending Zoning Ordinance by reclassifying property described as Lot 5 and Lot 6, Block 10 of Sunny Slope Estates from R-4 Multi -Family Residential District to R-3 Moderate Density Multi -Family Residential District, said Ordinance having been presented and read at the Council Meeting of 2-20-95, now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 12-95 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT LOT 5 AND LOT 6, BLOCK 10 OF SUNNY SLOPE ESTATES FROM 11-4 MULTI -FAMILY RESIDENTIAL DISTRICT TO 11-3 MODERATE DENSITY MULTI- FAMILY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from R-4 Multi - Family Residential District to R-3 Moderate Density Multi -Family Residential District, to wit Lot 5 and Lot 6, Block 10 of Sunny Slope Estates, and to the center line of the adjoining public right- of-way, all in the City of Dubuque, Iowa. Section 2 The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa Section 3 This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 6th day of March, 1995. Loras I Kluesner, Mayor Pro -Tem Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald newspaper this 13th day of March, 1995 It 3/13 Mary A Davis, CMC, City Clerk Council Member Voetberg moved final consideration and passage of the Ordinance Seconded by Council Member Nicholson Carried by the following vote: Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan Council Member Nagle requesting reconsideration of Ordinance No. 35-94 regarding University of Dubuque's rezoning. (Ordinance adopted on June 20, 1994 and July 5, 1994), said item verbally withdrawn by Council Member Nagle. Dubuque Racing Association requesting Councils approval on a Settlement Agreement and Mutual Release negotiated between the DRA and ARAMARK, the Greyhound Parks concessionaire, and City Manager recommending approval of request by DRA, presented and read Council Member Voetberg moved that the communications be received and filed and approved recommendations. Seconded by Council Member Robbins Can'ied by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Member Nagle, Nicholson, Robbins, Voetberg Nays—None Abstain—Council Member Krieg. Absent—Mayor Duggan Dubuque Racing Association submitting plans for renovation of their facility to accommodate slot machines and requesting Citys approval, presented and read. Council Member Voetberg moved that the communication be received and filed and request approved. Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Member Nagle, Nicholson, Robbins, Voetberg Nays—None Abstain—Council Member Krieg. Absent—Mayor Duggan City Manager recommending approval of request contingent on DRA coming back to the City for subsequent approval if costs exceed by more than $10,000, presented and read Council Member Voetberg moved that the communication be received and filed and recommendation approved. Seconded by Council Member Robbins. Can'ied by the following vote_ Yeas—Mayor Pro - Tem Kluesner, Council Members Nagle, Nicholson, Robbins, Voetberg Abstain—Council Member Krieg. Nays—None Absent—Mayor Duggan. City Manager recommending Flexsteel Industries, Inc be allowed to construct 3 loading docks on city public right-of-way, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Krieg Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan An Ordinance Authorizing Flexsteel Industries, Inc to construct 3 concrete loading docks and a refuse compactor in the public right-of-way of Jackson Street, presented and read (OFFICIAL PUBLICATION) ORDINANCE NO. 13-95 AN ORDINANCE AUTHORIZING FLEXSTEEL INDUSTRIES, INC. TO CONSTRUCT 3 CONCRETE LOADING DOCKS AND A REFUSE COMPACTOR IN THE PUBLIC RIGHT-OF-WAY OF JACKSON STREET NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That Flexsteel Industries, Incorporated as the owner of the premises known as 3400 Jackson Street, Dubuque, Iowa, and legally described as part of Lot 1 of Great Western Subdivision No 2 in the City of Dubuque, Iowa be and they are hereby granted the revocable permit s Regular Session, March 6, 1995 and authority to construct and maintain 3 concrete loading docks and a refuse compactor as shown on Attachment A under the tams and conditions set forth in this Ordinance Section 2 That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque Section 3 That the permission herein granted is expressly conditioned on permittee' agreement to: a Assume any and all liability for damages to persons or property which may result from the existence, location, installation, constmction or maintenance of said loading docks and compactor; and b Pay on behalf of the City of Dubuque, all SUMS which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said loading docks and compactor sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of loading docks and compactor and to pay reasonable attorney fees therefor; and c Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death andlor injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4 That the permission herein granted is expressly conditioned upon permittee' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said loading docks and compactor and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said loading docks and compactor at permittee' expense and dispose of the same, and the pemittee shall have no claim against the City or its agents for damages resulting from the removal of said loading docks and compactor Section 5 That permittee covenant and agree that the revocable permit herein granted does not constitute an approval of the deign, erection, location, constmction, repair or maintenance of said facility and said permittee hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries andlor property damage against the permittee arising out of or in any way connected with the location, installation, construction, deign, repair and maintenance of the facility herein permitted. Section 6_ This Ordinance shall become effective and the rights hereunder accrue to Flexsteel Industries, Inc when this Ordinance has been adopted by the City Council and the terns and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance Section T That the City Clerk be and she is authorized and directed to file at permittee' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 6th day of March, 1994. Lore I Kluesner, Mayor Pro -Ten Attest Mary A Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 13-95 The undersigned having read and being familiar with the tams and conditions of Ordinance No 13-95, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittee_ By_ RI Patrick M Crahan Title_ Vice President Dated_ 3117195 Published officially in the Telegraph Herald newspaper this 27th day of March, 1995 It 3127 Mary A Davis, CMC, City Clerk Council Member Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended Seconded by Council Member Krieg Carried by the following vote_ Yeas—Mayor Pro -Ten Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. Council Member Voetberg moved final consideration and passage of the Ordinance Seconded by Council Member Nicholson Cartied by the following vote: Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan City Manager recommending approval of the "Unifonn Code for Building Conservation", presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor Pro - Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan An Ordinance Amending Code of Ordinances by adopting in lieu thereof a new subsection (0 Historic Buildings: and by adopting a new Appendix Chapter 1, adopting the Uniform Code for Building Conservation, 1994 edition, as herein amended, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 14-95 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 11-2, AMENDMENTS TO THE UNIFORM CODE, Regular Session, March 6, 1995 9 BY REPEALING SECTION 104 THEREOF, "APPLICATION TO EXISTING BUILDINGS AND STRUCTURES," SUBSECTION (0 HISTORIC BUILDINGS; AND ADOPTING IN LIEU THEREOF A NEW SUBSECTION (0 HISTORIC BUILDINGS; AND BY ADOPTING A NEW APPENDIX CHAPTER 1, ADOPTING THE UNIFORM CODE FOR BUILDING CONSERVATION, 1994 EDITION, AS HEREIN AMENDED. Section L Sec 11-2 of the City of Dubuque Code of Ordinances is hereby amended by adding the following thereto: Sec 104 Section 104, "Application to Existing Buildings and Structures" is hereby amended by repealing subsection (0 Historic Buildings, and replacing such subsection with a new subsection in lieu thereof as follows (0 Historic Buildings Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation, continued use or change of use of a historic building may be made in compliance with the provisions of Appendix Chapter L Appendix Chapter 1, the Uniform Code for Building Conservation, 1994 edition, excluding appendix Chapters 1 through 4 and the Uniform Code for Building Conservation Guidelines, as prepared and edited by the International Conference of Building Officials of Whittier, California, is hereby adopted, as herein amended_ Sec 206_ "Unsafe Buildings or Structures" is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows Section 206 - Unsafe Buildings or Structure All buildings or structure regulated by this code that are structurally unsafe or not provided with adequate egress, or that constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe Building service equipment regulated by codes adopted by this jurisdiction, that constitutes a fire, electrical or health hazard, or insanitary condition, or is otherwise dangerous to human life is, for the purpose of this section, unsafe Airy use of buildings, structure or building service equipment constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use Parapet walls, cornice, spires, towers, tanks, statuary and other appendages or structural members that are supported by, attached to, or a part of a building and which are in deteriorated condition or otherwise unable to sustain the deign loads that are specified in this code are hereby designated as unsafe building appendages All such unsafe buildings, structure or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Article II of Chapter 11 of the Code of Ordinance_ Sec 202 "Building Conservation Advisory and Appeals Board" is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows Sec 202 Building Code Advisory and Appeals Board. In order to provide for final interpretation of the provisions of this code and to hear appeals provided for hereunder, any person aggrieved by a decision of the building official may appeal therefrom to the Building Code Advisory and Appeals Board in the manner set forth in section 11-26 of the City of Dubuque Code of Ordinances, and such appeals shall be governed to the extent they are consistent with sections 11-27 through 11- 30 thereof Sec 30L "Definitions_" is hereby amended by repealing the definition of Historic Building and replacing such definition with a new definition in lieu thereof as follows Historic Building is a building or structure located in a designated local historic district or any local designated landmarks or any structure identified in the 1978-79 Kriviskey Architectural Survey of Dubuque as having neighborhood, city, state or national significance or any building or structure designated as a historic building by the Historic Preservation Commission after review and consideration of the criteria and integrity standards required for listing in the National Register of Historic Places Sec 2 This ordinance shall be in effect after its final passage, approval and publication as required by law. Passed, approved and adopted this 6th day of March, 1995. Loras I Kluesner, Mayor Pro -Tem Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald newspaper this 13th day of March, 1995 It 3/13 Mary A Davis CMC, City Clerk Council Member Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. Council Member Voetberg moved final consideration and passage of the Ordinance Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan City Manager recommending approval to submit a $67,089 grant application for Police overtime and equipment, presented and read. Council Member moved that the communication be received and filed and approved submittal. Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan Corporation Counsel submitting opinion regarding vote required for Dubuque Housing Initiative's amended Conceptual Development Plan, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council 10 Regular Session, March 6, 1995 Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. Corporation Counsel advising Council may set starting time for regular council meetings by direction only - no Ordinance change needs to be made, presented and read Council Member Voetberg moved that the communication be received and filed and approved the starting time for 7:00 p m. Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. RESOLUTION NO. 72-95 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City Dubuque Racing Association Dubuque Racing Association 1855 Greyhound Park Dr Passed, approved and adopted this 6th day of March, 1995. Loras I Kluesner, Mayor Pro -Tem Attest Mary A Davis, City Clerk Council Member Robbins moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Nagle, Nicholson, Robbins, Voetberg Nays—None Abstain—Council Member Krieg Absent—Mayor Duggan RESOLUTION NO. 73-95 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Lynn A. Kruser Kc Downtown Auto Center --(Sunday Sales) 205 Locust CLASS "BE" BEER PERMIT Nash -Finch Company Econofoods 4 471 (' Sunday Sales) 3355 IFK Rd Passed, approved and adopted this 6th day of March,1995 Loras I Kluesner, Mayor Pro -Tem Attest Mary A Davis, City Clerk Council Member Robbins moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Nagle, Nicholson, Robbins, Voetberg Nays—None Abstain—Council Member Krieg Absent—Mayor Duggan RESOLUTION NO. 74-95 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Elaine Kelly Kelly's Pub Highway 20 West The Comer Pocket 2095 Keeper Blvd Hey Joe, Inc. --(Sunday Sales) Dubuque Racing Assoc Dubuque Greyhound Park & Casino 1855 Gre)964m1d399Eite & Outdoor Service) Passed, approved and adopted this 6th day of March, 1995. Loras I Kluesner, Mayor Pro -Tem Attest Mary A Davis, City Clerk Council Member Robbins moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Nagle, Nicholson, Robbins, Voetberg Nays—None Abstain—Council Member Krieg Absent—Mayor Duggan City Manager recommending a public hearing be set for March 20th to sell real estate at 754-756 W 8th Street, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. RESOLUTION NO. 75-95 RESOLUTION OF INTENTION TO DISPOSE OF CITY -OWNED PROPERTY, SPECIFICALLY, LOT SDC (6) IN HEDLEY'S SUBDIVISION IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF - 754-756 WEST STH STREET Whereas, the City of Dubuque has purchased certain real property for a family participating in the DREAMS Program; Whereas, the City has received an offer to purchase this property from a qualifying family, and Whereas, by accepting the selected offer the CiryS objectives of providing first-time homeownership to a moderate -income buyer and rehabilitation of an abandoned home can be realized; and Regular Session, March 6, 1995 11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the City of Dubuque, Iowa, intends to dispose of its interest in the following legally -described property_ Lot Six (6) in Medley's Subdivision in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof Section 2 That the City of Dubuque, Iowa, proposes to dispose of its interest in the above described real estate to Richard A White for the sum of $2,5000_ Section 3 That the City Council meet in the Carnegie Stout Public Library Auditorium, 11th and Bluff Streets, Dubuque, Iowa, at 7 00 p nt on the 6th of March, 1995, for the purpose of holding a public hearing and taking final action on the disposition of the above described real estate in the City of Dubuque, Iowa. Section 4 That the City Clerk be and she is hereby authorized and directed to cause a notice of such public hearing and the City Council's intent to dispose of such property to be published as prescribed under Iowa Code Section 364 7. Passed, approved and adopted this 6th day of March, 1995. Loras I Kluesner, Mayor Pro -Tem Attest Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. City Manager recommending a public hearing be set for March 20th to sell real estate at 2190 Farley Street, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. RESOLUTION NO. 76-95 RESOLUTION OF INTENTION TO DISPOSE OF CITY -OWNED PROPERTY, SPECIFICALLY, THE WESTERLY FORTY FEET (W40') OF LOT TWO (2), AND THE WESTERLY FORTY FEET (W40') OF THE SOUTHWESTERLY TWENTY-FIVE FEET (SW25') OF LOT ONE (1) IN WICKES ADDITION IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF - 2190 FARLEY STREET Whereas, the City of Dubuque has purchased certain real property for a family participating in the DREAMS Program; Whereas, the City has received an offer to purchase this property from a qualifying family, and Whereas, by accepting the selected offer the City's objectives of providing first-time homeownership to moderate -income buyers and rehabilitation of an abandoned home can be realized; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the City of Dubuque, Iowa, intends to dispose of its interest in the following legally -described property_ The Westerly Forty Feet (W40) of Lot Two (2), and the Westerly Forty Feet (W40) of the Southwesterly Twenty -Five Feet (SW25) of Lot One (1) in Wickes Addition in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof Section 2 That the City of Dubuque, Iowa, proposes to dispose of its interest in the above described real estate to Christopher and Ien'i Priebe for the sum of $1,500_ Section 3 That the City Council meet in the Carnegie Stout Public Library Auditorium, 11th and Bluff Streets, Dubuque, Iowa, at 700 pm on the 20th of March, 1995, for the purpose of holding a public hearing and taking final action on the disposition of the above described real estate in the City of Dubuque, Iowa. Section 4 That the City Clerk be and she is hereby authorized and directed to cause a notice of such public hearing and the City Council's intent to dispose of such property to be published as prescribed under Iowa Code Section 364 7. Passed, approved and adopted this 6th day of March, 1995. Loras I Kluesner, Mayor Pro -Tem Attest Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. City Manager submitting documents providing for the construction of U S_ 420 - Dodge Street Sanitary Sewer Relocation for McClain St, Hill St and Lois/Reeder Streets, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan RESOLUTION NO. 77-95 PRELI BNARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the US_ 20 - Dodge Street Sanitary Sewer Relocation McClain Street, Hill Street and Lois/Reeder, in the estimated amount of $46,273 85, are hereby approved and ordered filed in the office of the City Clerk for public inspection Passed, adopted and approved this 6th day of March, 1995. Loras I Kluesner, Mayor Pro -Tem Attest Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member 12 Regular Session, March 6, 1995 Nagle Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. RESOLUTION NO. 78-95 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and fonn of contract and placed same on file in the office of the City Clerk for public inspection of the U S_ 20 - Dodge Street Sanitary Sewer Relocation McClain Street, Hill Street, and Lois/Reeder_ NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Ihat on the 20th day of March, 1995, a public hearing will be held at 7:00 p m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 6th day of March, 1995. Loras I Kluesner, Mayor Pro -Ten Attest Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Pro -Ten Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. RESOLUTION NO. 79-95 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the U S_ 20 - Dodge Street Sanitary Sewer Relocation McClain Street, Hill Street, and Lois/Reeder is hereby ordered to be advertised for bids for construction BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2 00 p nr on the 14th day of March, 1995 Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7 00 p nr on the 20th day of March, 1995 Passed, adopted and approved this 6th day of March, 1995. Loras I Kluesner, Mayor Pro -Tem Attest Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Pro -Ten Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. City Manager submitting documents providing for the reconstruction of the Alice Street retaining wall, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Pro -Ten Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. RESOLUTION NO. 80-95 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE II RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Ihat the proposed plans, specifications, fon,, of contract and estimated cost for the Alice Street Retaining Wall, in the estimated amount of $69,416.88, are hereby approved and ordered filed in the office of the City Clerk for public inspection Passed, adopted and approved this 6th day of March, 1995. Loras I Kluesner, Mayor Pro -Ten Attest Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Pro -Ten Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. RESOLUTION NO. 81-95 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Alice Street Retaining Wall. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 3rd day of April, 1995, a public hearing will be held at 7:00 p m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, fonn of contract and cost of said improvement, and the City Clerk be and it hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration At the hearing, any interested person may appear and file objections to Regular Session, March 6, 1995 13 the proposed plans, specifications, contract, or estimated cost of the improvement Passed, adopted and approved this 6th day of March, 199i Loras I Kluesner, Mayor Pro -Tem Attest Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. RESOLUTION NO. 82-95 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Alice Street Retaining Wall is hereby ordered to be advertised for bids for construction BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2 00 p nr on the 23rd day of March, 1995 Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7 00 p m. on the 3rd day of April, 1995. Passed, adopted and approved this 6th day of March, 1995. Loras I Kluesner, Mayor Pro -Tem Attest Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. City Manager submitting documents providing for the construction of the 1995 P C Concrete Paving Project (consisting of Walnut Street from University Ave to Loras Blvd and Wilson St from West 5th St to West 11th St), presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle earned by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan RESOLUTION NO. 83-95 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Ihat the proposed plans, specifications, fon) of contract and estimated cost for the 1995 P C Concrete Paving Project, in the estimated amount of $839,792 53, are hereby approved and ordered filed in the office of the City Clerk for public inspection Passed, adopted and approved this 6th day of March, 1995. Loras I Kluesner, Mayor Pro -Tem Attest Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. RESOLUTION NO. 84-95 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and fom of contract and placed same on file in the office of the City Clerk for public inspection of the 1995 P C Concrete Paving Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 3rd day of April, 1995, a public hearing will be held at 7:00 p m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, fon) of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement Passed, adopted and approved this 6th day of March, 1995. Loras I Kluesner, Mayor Pro -Tem Attest Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. RESOLUTION NO. 85-95 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specifications, fon) of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as filed by the City Council, for the 1995 P C Concrete Paving Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 14 Regular Session, March 6, 1995 That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the City Clerk That the cost and expense of making such improvement will be assessed partially or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred The portion of the cost which shall be borne by the City will be paid from the Street Constmction Fund, the Local Option Sales Tax Fund, the Sanitary Sewer Construction Fund, and the Watemain Replacement Fund, and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor The above resolution was introduced, approved and ordered placed on file with the City Clerk this 6th day of March, 1995. Approved and placed on file for final action. Loras I Kluesner, Mayor Pro -Tem Attest Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. RESOLUTION NO. 86-95 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and foram of contract and placed same on file in the office of the City Clerk for public inspection, for the 1995 P C Concrete Paving Project, and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 3rd day of April, 1995, a public hearing will be held at 7:00 o'clock p m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto Passed, adopted and approved this 6th day of March, 1995. Loras I Kluesner, Mayor Pro -Tem Attest Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. RESOLUTION NO. 87-95 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOD Fn BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, 1 to 11 inclusive, are hereby determined to be the schedule of proposed assessments for the 1995 P C Concrete Paving Project and the valuations set out herein are hereby approved. Passed, approved and adopted this 6th day of March, 1995. Loras I Kluesner, Mayor Pro -Tem Attest Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan. There being no further business, Council Member Voetberg moved to adjourn. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Pro -Tem Kluesner, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Absent—Mayor Duggan Meeting adjourned at 8:14 p m. Mary A Davis CMC City Clerk Approved 1996. Adopted 1996. Mayor Regular Session, March 6, 1995 15 Council Members Attest City Clerk Special Session, March 8, 1995 2 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, March 8, 1995 - Budget Public Hearing Council Met at 7:30 p.m., Public Library Auditorium Present: Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl. Absent—Council Member Nicholson at roll call. Mayor Duggan read the call and stated this is a Special Session of the City Council called for the purpose to conduct the public hearing on the Fiscal Year 1996 Budget and Five Year Capital Improvement Budget. Council Member Nicholson arrived at 7:31 p.m. Council Member Voetberg moved that the rules be suspended to allow anyone present to address the Council if they should so desire. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. PUBLIC HEARING ON FISCAL YEAR 1996 BUDGET Proof of Publication certified to by the Publisher on Notice of Meeting on the issuance in an amount not to exceed $2,100,000. General Obligation Bonds, presented and read. Council Member Voetberg moved that the proof be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. RESOLUTION NO. 88-95 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $2,100,000 GENERAL OBLIGATION BONDS Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $2,100,000 General Obligation Bonds for the essential corporate purposes of paying costs of improvements and repaving of taxiways and adjacent areas at the Municipal Airport; the acquisition, construction, reconstruction and improvement of stortm sewers and related facilities for the collection and disposal of surface water and streams; the construction, reconstruction and repairing of street improvements and sidewalks; the acquisition, construction, improvement and installation of street lighting fixtures, connections and facilities; and the acquisition, construction, reconstmction, improvement and repair of bridges, guardrails and retaining walls, and has considered the extent of objections received from residents or property owners as to said proposed issuance of Bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by lawofnotto exceed $2,10,000 General Obligation Bonds for the foregoing essential corporate purposes. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of original expenditures incun'ed in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said Bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale inffortmation as may appear appropriate, to publish and distribute the same on behalf of the City and This Council and otherwise to take all action necessary to permit the sale of said Bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 8th day of March, 1995. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. RESOLUTION NO. 89-95 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,000,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of funds to pay costs of improvements and repaving of taxiways and adjacent areas at the Municipal Airport; the acquisition, construction, reconstruction and improvement of stortm sewers and related facilities for the collection and disposal of surface water and streams; the construction, reconstruction and repairing of street improvements and sidewalks; the acquisition, construction, improvement and installation of street lighting fixtures, connections and facilities; and the acquisition, construction, reconstruction, improvement and repair of bridges, guardrails and retaining walls, essential corporate purposes, and 3 Special Session, March 8, 1995 it is deemed necessary and advisable that General Obligation Bonds in the amount of $2,000,000 be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: (a) "Bonds" shall mean $2,000,000 General Obligation Bonds, authorized to be issued by this Resolution; (b) "Issuer" and "City" shall mean the City of Dubuque, Iowa; (c) "Paying Agent" shall be Norwest Bank Iowa, N.A., or such successor as may be approved by Issuer as provided herein and who shall cavy out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due; (d) "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds; (e) "Registrar" shall be Norwest Bank Iowa, N.A. of Des Moines, Iowa, or such successor as may be approved by Issuer as provided herein and who shall cavy out the duties prescribed herein with respect to maintaining a register of the owners of the bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the bonds; (Q "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same unties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Dubuque, Iowa, to -wit: FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT* YEAR OF COLLECTION: $209,495 1995/1996 $154,595 1996/1997 $182,095 1997/1998 $227,975 1998/1999 $321,150 1999/2000 $308,845 2000/2001 $296,425 2001/2002 $353,775 2002/2003 $436,975 2003/2004 $264,375 2004/2005 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 1995, will be collected during the fiscal year commencing July 1, 1996). *or such other amounts as shall be determined by Council following the public sale thereof. (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Dubuque County, Iowa, and said Auditor is hereby instmcted in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for 110 other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 1995 NO. ONE" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Department of Revenue. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 1993 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. Special Session, March 8, 1995 4 (a) Bond Details. General Obligation Bonds of the City in the amount of $2,000,000, shall be issued pursuant to the provisions of Section 384.25 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND", be dated August 1, 1995, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on June 1, 1996, and semiannually thereafter on the 1st day of December and June in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the facsimile signature of the Mayor and attested by the facsimile signature of the Clerk, and printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Interest Principal Maturity Rate* Amount June 1st 4.90% $100,000 1996 5.00 50,000 1997 5.15 80,000 1998 5.25 130,000 1999 5.35 230,000 2000 5.40 230,000 2001 5.50 230,000 2002 5.60 300,000 2003 5.65 400,000 2004 5.75 250,000 2005 * or such other rates as shall be determined by the Council following the public sale thereof. Redemption. Bonds maturing after June 1, 2002, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity and within an annual maturity by lot by giving thirty days' notice of redemption by registered mail, to the registered owner of the Bond. The terns of redemption shall be par, plus accrued interest to date of call. If selection by lot within a maturity is required, the Registrar shall by random selection of the names of the registered owners of the entire annual maturity select the bonds to be redeemed until the total amount of Bonds to be called has been reached. Section 7. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in 110 other way. Norwest Bank Iowa, N.A. is hereby appointed as Bond Registrar under the terns of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Unifonn Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this resolution. (b) Transfer. The ownership of any Bond may be transfen'ed only upon the Registration Books kept for the registration and transfer of Bonds and only upon sun'ender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attomey in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer, provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non -Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is retumed to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for 5 Special Session, March 8, 1995 such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 8. Reissuance of Mutilated, Destroyed Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 9. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 10. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially inthe forn of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers, Cooney, Dorveiler, Haynie, Smith & Allbee, P.C., Bond Counsel, conceming the validity and legality of all the Bonds proposed to be issued. Section 11. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 12. Fonn of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the fonn as follows: Special Session, March 8, 1995 6 The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 = "STATE OF IOWA" "COUNTY OF DUBUQUE" "CITY OF DUBUQUE" "GENERAL OBLIGATION BOND" "ESSENTIAL CORPORATE PURPOSE" Item 2, figure 1 = Rate: Item 3, figure 1 = Maturity: Item 4, figure 1 = Bond Date: Item 5, figure 1 = Cusip No.: Item 6, figure 1 = "Registered" Item 7, figure 1 = Certificate No. Item 8, figure 1 = Principal Amount: $ Item 9, figure 1 = The City of Dubuque, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (principal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of Norwest Bank Iowa, N.A., Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on June 1, 1996, and semiannually thereafter on the 1st day of December and June in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest shall be computed on the basis of a 360 -day year of twelve 30 -day months. This Bond is issued pursuant to the provisions of Section 384.25 of the City Code of Iowa, for the purpose of paying costs of improvements and repaving of taxiways and adjacent areas at the Municipal Airport; the acquisition, construction, reconstruction and improvement of stonn sewers and related facilities for the collection and disposal of surface water and streams; the construction, reconstruction and repairing of street improvements and sidewalks; the acquisition, construction, improvement and installation of street lighting fixtures, connections and facilities; and the acquisition, construction, reconstruction, improvement and repair of bridges, guardrails and retaining walls, in conformity to a Resolution of the Council of said City duly passed and approved. Bonds maturing after June 1, 2002, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity and within an annual maturity by lot by giving thirty days' notice of redemption to the registered owner of the Bond. The terns of redemption shall be par, plus accrued interest to date of call. Notice hereunder may be given by registered mail to the owner of record of the Bond at the address shown on the books of the Registrar and shall be deemed complete upon mailing. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by Norwest Bank Iowa, N.A., the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attomey in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Unifonn Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. This Bond is a "qualified tax-exempt obligation" designated by the City for purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the facsimile signature of its Mayor and attested by the facsimile signature of its City Clerk, with the seal of said City printed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, Norwest Bank Iowa, N.A., Des Moines, Iowa. Item 11, figure 1 = Date of authentication: Item 12, figure 1 = This is one of the Bonds described in the within mentioned Resolution, as registered by Norwest Bank Iowa, N.A.. NORWEST BANK IOWA, National Association, Registrar By: Authorized Signature Item 13, figure 1 = Registrar and Transfer Agent: Norwest Bank Iowa, National Association Paying Agent: Norwest Bank Iowa, National Association KEYBOARD)Use ONLY if Norwest Bank is Registrar)Corporate Trust Operations Sixth & Marquette Avenue Minneapolis, MN 55479-0113 SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block] CITY OF DUBUQUE, IOWA By: (facsimile signature) Mayor 7 Special Session, March 8, 1995 ATTEST: By: (facsimile signature) City Clerk Item 16, figure 2 = It is certified that the following is a correct and complete copy of the opinion of bond counsel issued as of the date of delivery of the issue of which this Bond is a part. (facsimile signature) City Clerk [Opinion of Bond Counsel] Item 17, figure 2 = [Assignment Block] [Information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attomey in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated (Person(s) executing this Assignment sign(s) here) SIGNATURE ) GUARANTEED) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Corporation Partnership Trust *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be constmed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - Custodian (Cost) (Minor) under Iowa Uniform Transfers to Minors Act (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 13. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 14. Non -Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the Internal Revenue Code of the United States, and that throughout the tenn of said Bonds it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Section 15. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 16. Additional Covenants R uflsentations and Waranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attomeys and other persons to assist the Issuer in such compliance. Section 17. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 18. Qualified Tax -Exempt Obligations. For the sole purpose of qualifying the Bonds as "Qualified Tax Exempt Obligations" pursuant to the Internal Revenue Code of the United States, the Issuer designates the Bonds as qualified tax-exempt obligations and represents that the reasonably anticipated amount of tax exempt governmental and Code Section 501(c)3 obligations which will be issued during the current calendar year will not exceed Ten (10) Million Dollars. Section 19. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 20. Amendment of this Resolution. That, when so directed by resolution of the Council, the Clerk shall call for bids on any or all of said Bonds pursuant to the provisions of Special Session, March 8, 1995 8 Chapter 75 of the Code of Iowa, as amended. That, after the sale and award of said Bonds this Council shall take whatever action is necessary to amend this resolution to conform with action taken by the council in the sale and award of said Bonds. PASSED AND APPROVED this 8th day of March, 1995. Terrance M. Duggan, Mayor ATTEST: Mary Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Can'ied by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Proofs of Publication certified to by the Publisher on Notice of Public Hearing on FY'96 Budget; Notice of Public Hearing on Five Year Capital Improvement Program for time beginning 7-1-95 through fiscal year beginning 7-1-99; Notice of Public hearing for the purpose of obtaining the view of residents of the City on Community Development and Housing Needs, presented and read. Council Member Voetberg moved that the proofs and notices be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Mayor Duggan asked for Public Input on fiscal year 1996 budget for each department. George Chevalier and Clement Plein addressed the Council conceming the Fire Dept., Housing Division and Community and Economic Development. Mayor Duggan requested public comments on the proposed Block Grant Funds Budget. No comments. RESOLUTION NO. 90-95 A RESOLUTION ADOPTING THE ANNUAL BUDGET AS RECOMMENDED FOR THE FISCAL YEAR ENDING JUNE 30, 1996 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the annual budget as recommended for the fiscal year ending June 30, 1996, as set forth in the Adoption of Budget and Certification of Taxes summary and supporting state budget forms and in the detailed budget in support thereof showing the revenue estimates and appropriation expenditures and allocations to programs and activities for said fiscal year is adopted, and the City Clerk is directed to make the filings required by law and to set up the books in accordance with the summary and details as adopted. Passed, approved and adopted this 8th day of March, 1995. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. RESOLUTION NO. 91-95 ADOPTION OF FIVE YEAR CAPITAL IMPROVEMENT PROGRAM Whereas, a recommended five year Capital Improvement Program for the period beginning July 1, 1995 and ending June 30, 2000 for the City of Dubuque has been prepared and submitted to the City Council; and Whereas, the five year Capital Improvement Program: (1) describes specific capital improvement projects; (2) provides estimated costs for those projects; (3) proposes sources of funds for each of them; and (4) schedules the year during which each project will be undertaken; and Whereas, the capital improvement projects for the first year are included in the Fiscal Year 1996 budget for the City of Dubuque; and Whereas, the five year Capital Improvement Program will be reconsidered annually by the City Council and appropriately revised; and Whereas, the adoption of the five year Capital Improvement Program is a prudent measure to provide continuity of programs and is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the five year Capital Improvement Program for the period beginning July 1, 1995 as set out in the Fiscal Year 1996- 2000 Recommended Capital Improvement Budget as recommended is hereby approved and adopted as the proposed allocation of the City resources for capital improvements as scheduled in the years shown, subject to annual review and revision. Passed, approved and adopted this 8th day of March, 1995. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. City Manager recommending approval of Ordinances to decrease refuse collection fee; placing fee on yard waste bags; increasing water rates and resolution providing for new fees for zoning violations, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. An Ordinance Amending Code of Ordinances by enacting a new Section 40-37 (a) in lieu thereof establishing charges for the collection and disposal of Solid Waste and Recyclable materials changing the fee from $8.50 per dwelling unit per month to $8.00, (Effective July 1, 1995.), presented and read. (OFFICIAL PUBLICATION) 9 Special Session, March 8, 1995 ORDINANCE NO. 15-95 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 40-37 PARAGRAPH (a) ESTABLISHING CHARGES FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS AND ENACTING A NEW SECTION 40-37 PARAGRAPH (a) IN LIEU THEREOF ESTABLISHING CHARGES FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS CHANGING THE FEE FROM $8.50 PER DWELLING UNIT PER MONTH TO $8.00. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque Code of Ordinances is hereby amended by repealing Sec. 40-37 paragraph (a) and enacting a new Sec. 40- 37 paragraph (a) in lieu thereof as follows: Sec. 40-37. Charges -Amounts: exceptions. (a) Class I premises. Except as qualified below, a fee of eight dollars ($8.00) per dwelling unit per month shall be paid to the City by the property owner of each Class I premises for such services. Said fee shall be in payment for collection and disposal of solid waste and recyclable materials as defined. Exceptions to the collection charges for Class I premises are as follows: (1) When a Class I premises has been vacant for a period not less than three (3) consecutive months, the owner may apply to the City Manager for a credit under procedures to be established by the City Manager. Such credit shall continue only so long as the Class I premises is vacant. (2) Class I premises when the head of the household is sixty five (65) years of age or older and has an annual income equal to or less than the income standards used by HUD for its "Section Eight (8) Housing Program" for one and two (2) person households may, upon application to the City Manager, be exempted from one-half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. (3) In cases of extreme financial hardship, the City Manager may, and is hereby authorized and empowered to make adjustments in the monthly collection charges as the City Manager may deem appropriate. In such cases, the City Manager shall have the authority to require such proof of vacancy, financial status, age or extreme hardship as the City Manager may deem necessary. Second 2. This ordinance shall take effect on the first day of July, 1995. Passed, approved and adopted this 8th day of March, 1995. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of March, 1995. It 3/15 Mary A. Davis CMC, City Clerk Council Member Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Council Member Robbins. Caried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Council Member Voetberg moved final consideration and passage of the Ordinance. Seconded by Council Member Nicholson. Caried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. An Ordinance Amending Code of Ordinances by enacting a new Section 40-39 (d) in lieu thereof relating to Yard Waste Bags, Containers and Tying Devices and Establishing fees therefore, (Effective upon publication), presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 16 95 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 40-39 PARAGRAPH (d) RELATING TO YARD WASTE BAGS, CONTAINERS AND TYING DEVICES AND ESTABLISHING FEES THEREFORE AND ENACTING A NEW SECTION 40-39 PARAGRAPH (d) IN LIEU THEREOF RELATING TO YARD WASTE BAGS, CONTAINERS AND TYING DEVICES AND ESTABLISHING FEES THEREFORE. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque Code of Ordinances is hereby amended by repealing Sec. 40-39 paragraph (d) and enacting a new Sec. 40- 39 paragraph (d) in lieu thereof as follows: Sec. 40-39. Yard waste. (d) Yard waste collected by the City shall be placed in specially marked degradable bags or in permanent waste containers with an affixed annual yardwaste permit or be contained by tying devices approved by the City Manager. The charges for collection and disposal of yard waste as defined shall be as follows: (1) The fee for specially marked degradable bags shall be seventy-five (750) each. (2) The fee for tying devices approved by the City Manager shall be one dollar ($1.00) each. (3) The fee paid to the City by a property owner for an annual yard waste permit for a permanent waste container shall be ten dollars ($10.00) for one or seventeen dollars fifty cents ($17.50) for two through July 14th of each year. The fee shall be reduced by one-half (1/2) on July 15th of each year, and again by one-half (1/2) on September 15th of each year. A permit shall only be used by the property owner who purchased it. Section 2. This ordinance shall become effective upon publication. Passed, approved and adopted this 8th day of March, 1995. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of March, 1995. It 3/15 Mary A. Davis, CMC, City Clerk Council Member Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Council Member Nicholson. Caried by the following vote: Yeas—Mayor Duggan, Council Special Session, March 8, 1995 10 Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Council Member Voetberg moved final consideration and passage of the Ordinance. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. An Ordinance Amending Code of Ordinances by enacting a new Section 44-201(a) fixing water rates for Residential, Commercial and Industrial and all other users, (Effective July 1, 1995), presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 17-95 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 44-201(A) FIXING WATER RATES FOR RESIDENTIAL AND INDUSTRIAL USES AND ADOPTING IN LIEU THEREOF A NEW SECTION 44- 201(A), FIXING WATER RATES FOR RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL AND ALL OTHER USES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 44-201(a), of the Code of Ordinances, City of Dubuque, Iowa is hereby repealed. Section 2. The following new Section 44- 201(a) is hereby adopted: *Section 44-201(a). Residential, commercial, industrial and all other uses. (a) Commencing July 1, 1995, the rates to be charged for water for residential, commercial, industrial and all other uses and purposes by person, finn or corporation within the city shall be fixed and determined as follows: Monthly Charge Per Consumption Hundred Cubic Feet First 3,000 $1.39 Next 12,000 1.14 Next 35,000 1.04 Next 50,000 0.94 Next 100,000 0.80 Rates shall be subject to the following minimum monthly charge according to the size of the meter: Meter Size (Inches) 5/8 3/4 1 1-1/2 2 3 Minimum Allowance Charge (Cubic Feet) $ 2.78 200 6.95 500 11.12 800 36.14 2,600 59.94 4,600 128.34 10,600 4 197.22 16,800 6 405.22 36,800 8 660.00 62,500 Section 3. This ordinance shall take effect on the first day of July, 1995. Passed, approved and adopted this 8th day of March, 1995. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of March, 1995. It 3/15 Mary A. Davis, CMC, City Clerk Council Member Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Council Member Voetberg moved final consideration and passage of the Ordinance. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. RESOLUTION NO. 92-95 RESOLUTION AMENDING RESOLUTION NO. 90-94, WHICH APPROVED A SCHEDULE OF PLANNING AND ZONING FEES, AS PROVIDED IN THE ZONING ORDINANCE AND SUBDIVISION REGULATIONS OF THE CITY OF DUBUQUE, IOWA, BY ESTABLISHING A NEW FEE FOR ZONING VIOLATIONS. Whereas, the City of Dubuque, Iowa, charges certain fees for the processing of applications pursuant to the Zoning Ordinance, Appendix A, and Subdivision Regulations, Chapter 42, of the City of Dubuque Code of Ordinances; and Whereas, the Zoning Ordinance requires an official schedule of planning and zoning fees; and Whereas, the City Council has determined that the specific amount of such fees should be and has been set by resolution, specifically, Resolution No. 90-94; and Whereas, the City Council has determined that the Schedule should be amended to include a new Zoning Violation fee NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 90-94 and its attached "Schedule of Planning and Zoning Fees", is hereby amended by establishing a new fee for zoning violations of $10.00. Passed, approved and adopted this 8th day of March, 1995. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. There being no further business, Council Member Voetberg moved to adjoum. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Meeting adjoumed at 8:15 p.m. Mary A. Davis CMC City Clerk 11 Special Session, March 8, 1995 Approved 1996. Adopted 1996. Mayor Council Members Attest: City Clerk 2 Regular Session, March 20, 1995 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, City Council, March 20, 1995 Council Met at 7:00 pm., Public Library Auditorium. Preset: Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A Lindahl Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Father Robert Taggart, Rector of the Anglican Catholic Church MINUTES SUBMITTED — Airport Commission of 2-14: Cable TV Regulatory Commission of 3-8, Citizens with Disabilities Parking Review Committee of 2-14: Environmental Stewardship Commission of 3-7: Housing Commission Trust Fund Committee of 3- 2: Human Rights Commission of 2-13: Long Range Planning Commission of 2-15, Zoning Board of Adjustment of 2-23, Zoning Commission of 3-1, presented and read Council Member Voetberg moved that the minutes be received and filed Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None NOTICES OF CLAIMS/SUITS — David Seidler in amount of $6,22845 for property damages from broken water main: Placidia T. Slondin in amount of $24250 for personal injuries: Ron Data in amount of $1,13200 for property damage: William Little in amount of $875.00 for vehicle damages: Michael W Puetz in an amount of $557 54 for vehicle damages: Kim Runde in amount of $206 90 for personal injuries, presented and read Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Dubuque Housing Initiative vs. City of Dubuque submitting a Petition for Declaratory Judgment, presented and read Council Member Voetberg moved that the petition be received and filed Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Corporation Counsel advising that Angela Simon has filed a Petition of Intervention regarding above Declaratory Judgment, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Corporation Counsel advising of receipt of petition filed regarding Estate of Debra Bartels, et al. vs. Edward A. Baker and the City of Dubuque, presented and read Council Member Voetberg moved that the communication be received and filed Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Corporation Counsel advising the car damage claim of Martin L Maas has been referred to Crawford & Company, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Corporation Counsel recommending settlement of car damage claim of James Willging in the amount of $17548 and requesting Finance Director issue proper check, presented and read Council Member Voetberg moved that the communication be received and filed and settlement be approved and directed the Finance Director to issue the proper check Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Corporation Counsel recommending denial of car damage claim of Vicki Schilling, presented and read. Council Member Voetberg moved that the communication be received and filed and denial approved. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Douglas E Gross, on behalf of Greater Dubuque Riverboat Entertainment Company requesting no Council action at this time regarding installation of slots at the dog track, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Finance Director submitting financial reports for February, 1995, presented and read. Council Member Voetberg moved that the reports be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Regular Session, March 20, 1995 3 Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Proofs of Publication certified to by the Publisher on Notice of Publication of City employee salaries for calendar year 1994: List of Claims for month of January, 1995: Notice of filing final schedule assessments for Sheridan Road Sanitary Sewer Extension project: Notice of filing final schedule assessments for Bmnskill Road Sanitary Sewer Extension project, presented and read. Council Member Voetberg moved that the proofs be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Dubuque Golf and Country Club requesting permission to display fireworks on July 4, 1995 on their grounds at appror 9 00 p nr, presented and read. Council Member Voetberg moved that the request be approved subject to implementation by the City Manager Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None REFUNDS REQUESTED — Chad Streff, in amount of $25 00 on unexpired Cigarette License, presented and read Council Member Voetberg moved that the refund be approved and Finance Director to issue proper check Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Mary McDowell submitting her resignation from the Cable TV Community Teleprog'amming Commission, presented and read Council Member Voetberg moved that the communication be received and filed and accepted with regret Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Ruth Nash submitting concerns regarding goals of the Dubuque Human Rights Commission, presented and read Council Member Krieg moved that the communication be received and filed and requested that the City Manager and staff respond to this letter in writing Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager recommending approval of assignment of McAleece Park & Recreation Complex Concession Agreement from Dubuque Baseball Club, Inc to the Northwoods League, Inc, presented and read Council Member Voetberg moved that the communication be received and filed and approved. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager submitting correspondence to Dubuque legislative delegation on the Stanley Amendment, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager submitting amended final assessments for Peru Road P C Concrete Paving Project, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 93-95 A RESOLUTION AMENDING PORTIONS OF THE FINAL ASSESSMENT SCHEDULE FOR THE PERU ROAD P.C. CONCRETE PAVING PROSECT Whereas, the City Council, by Resolution No 396-94, adopted the final assessment schedule for the Peru Road P.C. Concrete Paving Project; and Whereas, it has been determined that certain assessments were in error and that those assessments should be amended NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That Resolution No 396-94 be amended by modifying the schedule of final assessments with respect to the lots as shown on Attachment "A" Section 2 That all other of the tams and conditions of Resolution No 396-94 shall remain in full force and effect. Passed, approved and adopted this 20th day of March, 1995. Terrance M. Duggan, Mayor Attest Karen M Chesterman, Deputy City Clerk CITY OF DUBUQUE, IOWA "ATTACHMENT A" TO SCHEDULE OF FINAL ASSESSMENTS PERU ROAD PC CONCRETE PAVING PROJECT OWNER Hellmer, Gisela LOT DESCRIPTION 12EINERSUALQT1 & 2-1-1 DEFICIENCY ASSESSMENT $000 NET PAVING ASSESSMENT $86287 WATER LATERAL $39268 TOTAL NET ASSESSMENT $1,25555 OWNER WEITZ, JAMES A & CHARLOTTE A. LOT DESCRIPTION FOUNTAIN HILL SUBDIVISION - 1-N1/2-NE1/4-NW114 SEC 12 DEFICIENCY ASSESSMENT $000 NET PAVING ASSESSMENT $483.09 TOTAL NET ASSESSMENT $483.09 OWNER DAVID, CHARLES R & LORA LOT DESCRIPTION FOUNTAIN HILL SUBDIVISION 2-2-1 NW 1/4 -NW 1/4 SEC 12 DEFICIENCY ASSESSMENT $1,62864 NET PAVING ASSESSMENT $3,160.88 TOTAL NET ASSESSMENT $3,160.88 4 Regular Session, March 20, 1995 OWNER DUBUQUE COUNTY (PAID BY CITY) LOT DESCRIPTION CLARK'S SUBDIVISION 2-14 DEFICIENCY ASSESSMENT $1,13197 NET PAVING ASSESSMENT $807 33 TOTAL NET ASSESSMENT $80733 OWNER DUBUQUE COUNTY (PAID BY CITY) LOT DESCRIPTION CLARK'S SUBDIVISION 1-14 TOTAL NET ASSESSMENT W12-14 TOTAL DEFICIENCY ASSESSMENTS $2,760.61 TOTAL NET PAVING ASSESSMENT $5,314.17 TOTAL WATER LATERAL $392 68 TOTAL NET ASSESSMENT $5,706 85 Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager submitting amended final assessments for Crescent Ridge and Starlight Drive P _ Concrete Paving Project, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson earned by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 94-95 A RESOLUTION AMENDING PORTIONS OF THE FINAL ASSESSMENT SCHEDULE FOR THE CRESCENT RIDGE AND STARLIGHT DRIVE P.C. CONCRETE PAVING PROSECT Whereas, the City Council, by Resolution No 299-94, adopted the final assessment schedule for the Crescent Ridge and Starlight Drive P C Concrete Paving Project, and Whereas, it has been determined that certain assessments were in error and that those assessments should be amended NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That Resolution No 299-94 be amended by modifying the schedule of final assessments with respect to Lot 9 and Lot 11 of Dubuque Homes Center Grove Place 42, as shown on Attachment "A" Section 2 That all other of the tams and conditions of Resolution No 299-94 shall remain in full force and effect. Passed, approved and adopted this 20th day of March, 1995. Terrance M. Duggan, Mayor Attest Karen M Chesterman, Deputy City Clerk CITY OF DUBUQUE, IOWA "ATTACHMENT A" TO SCHEDULE OF FINAL ASSESSMENTS CRESCENT RIDGE AND STARLIGHT DRIVE P C CONCRETE PAVING PROJECT OWNER NEUMEISTER, MARY LYNN LOT DESCRIPTION DUBUQUE HOMES CENTER GROVE PLACE NO 2 LOT 9 TOTAL NET ASSESSMENT $1,42935 OWNER KRUG, STELLA LOT DESCRIPTION DUBUQUE HOMES CENTER GROVE PLACE NO 2 LOT 11 TOTAL NET ASSESSMENT $1,52678 TOTALS: NET ASSESSMENTS $2,95613 Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager recommending two assignments of Anderson Marine of Iowa, Inc lease with the City to the East Dubuque Savings Bank, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 95-95 RESOLUTION AUTHORIZING THE ASSIGNMENT OF CERTAIN LEASES BETWEEN THE CITY OF DUBUQUE, IOWA, AND ANDERSON MARINE OF IOWA, INC. TO THE EAST DUBUQUE SAVINGS BANK FOR SECURITY Whereas, the City of Dubuque, Iowa (City) has leased to Anderson Marine of Iowa, Inc, an Iowa Corporation (Lessee) certain real property located at Eagle Point, Dubuque, Iowa, pursuant to the following leases_ L Lease agreement dated October 29, 1956 2 Amendment to lease dated October 26, 1956 3 Amendment to lease dated December 25, 1957 4 Amendment to lease dated June 11, 1973 5 Amendment to lease dated October 3, 1988_ 6 Amendment to lease dated December 17, 1990, and Whereas, East Dubuque Savings Bank has agreed to lend lessee the sum of $515,000 00 to repair or replace damaged real estate located at Eagle Point, Dubuque, Iowa, 52001, and Whereas, a requirement of East Dubuque Savings Bank for such loan to the Lessee is the assignment of the above described leases to East Dubuque Savings Bank pursuant to an Assignment of Real Estate Lease and Agreement, a copy of which is attached, and Whereas, on December 24, 1990, East Dubuque Savings Bank had obtained a similar Assignment of Lease and Agreement and forwarded it to the then Public Works Director for approval by this City after having alerted him to its provisions and its effect and said Assignment was inadvertently lost and never submitted to the Council for approval, and Whereas, the lease agreements between the City of Dubuque and Anderson Marine of Iowa, Inc. allows an assignment of the leases by the Lessee at its option upon prior written approval of the City to the extent that the City's interests shall be fully protected, and Whereas, the City Council of the City of Dubuque, Iowa, has determined that it is in the Regular Session, March 20, 1995 5 best interest of the City to consent to such an assignment NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the Assignment of Real Estate Lease and Agreement attached hereto from Anderson Marine of Iowa, Inc to East Dubuque Savings is hereby approved Section 2 That the Mayor of the City of Dubuque is hereby authorized and directed to sign said Assignment of Real Estate Lease and Agreement on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of March, 1995. Terrance M. Duggan, Mayor Attest Karen M Chesterman, Deputy City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 96-95 RESOLUTION AUTHORIZING THE ASSIGNMENT OF CERTAIN LEASES BETWEEN THE CITY OF DUBUQUE, IOWA, AND ANDERSON MARINE OF IOWA, INC. TO THE EAST DUBUQUE SAVINGS BANK FOR SECURITY Whereas, the City of Dubuque, Iowa (City) has leased to Anderson Marine of Iowa, Inc, an Iowa Corporation (Lessee) certain real property located at Eagle Point, Dubuque, Iowa, pursuant to the following leases_ L Lease agreement dated October 29, 1956_ 2 Amendment to lease dated October 26, 1956 3 Amendment to lease dated December 25, 1957 4 Amendment to lease dated June 11, 1973 5 Amendment to lease dated October 3, 1988_ 6_ Amendment to lease dated December 17, 1990; and Whereas, East Dubuque Savings Bank has agreed to lend lessee the sum of $950,000 00 to repair or replace damaged real estate located at Eagle Point, Dubuque, Iowa, 52001, and Whereas, a requirement of East Dubuque Savings Bank for such loan to the Lessee is the assignment of the above described leases to East Dubuque Savings Bank pursuant to an Assignment of Real Estate Lease and Agreement, a copy of which is attached; and Whereas, the lease agreements between the City of Dubuque and Anderson Marine of Iowa, Inc. allows an assignment of the leases by the Lessee at its option upon prior written approval of the City to the extent that the City's interests shall be fully protected; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that it is in the best interest of the City to consent to such an assignment NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the Assignment of Real Estate Lease and Agreement attached hereto from Anderson Marine of Iowa, Inc to East Dubuque Savings is hereby approved Section 2 That the Mayor of the City of Dubuque is hereby authorized and directed to si_m said Assignment of Real Estate Lease and Agreement on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of March, 1995. Terrance M. Duggan, Mayor Attest Karen M Chesterman, Deputy City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Nagle moved to suspend the rules to allow anyone present to address the Council if they so desire Seconded by Council Member Voetberg Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None CONTINUED FROM MEETING OF MARCH 6, 1995 — Proof of Publication certified to by the Publisher on Notice of public hearing to expand the Residential Parking Permit near Senior High School; Communication of "The Bromberg's" submitting concem regarding parking near Senior High School; City Manager submitting further information regarding parking near Senior High School, presented and read. Council Member Robbins moved that the proof and communication be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Larry Mitchell, Principal of Senior High School, stated he is pleased to have more street parking made available but is concemed with parking problems when there is an event at Dalzell Field if the RPPD goes into effect An Ordinance Amending Code of Ordinances by deleting parts of North Grandview Avenue from subsection (d) of Section 32-262 thereof providing for the prohibiting of parking, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 18-95 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY DELETING PARTS OF NORTH GRANDVIEW AVENUE FROM SUBSECTION (d) OF SECTION 32-262 THEREOF PROVIDING FOR THE PROHIBITING OF PARKING NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the Code of Ordinances of the City of Dubuque, Iowa be amended by deleting North Grandview Avenue from Subsection (d) of Section 32-262 thereof as follows "Sec 32-262 Prohibited on Designated Streets or Portions Thereof (d) No -parking -at -any -time zones designated Grandview Avenue, North, north side, from Audubon Street to Clarke Drive; both sides, from Kaufmann Avenue to a point 6 Regular Session, March 20, 1995 approximately eight hundred (800) feet south of Kaufmann Avenue Section 2 That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding North Grandview Avenue to Subsection (d) of Section 32-262 thereof as follows_ "Sec 32-262 Prohibited on Designated Streets or Portions Thereof (d) No -parking -at -any -time zones designated Grandview Avenue, North, north side, Audubon Street to Rosedale Street and from a point approximately three hundred (300) feet west of Algona Street to Clarke Drive, both sides, from Kaufmann Avenue to a point approximately eight hundred (800) feet south of Kaufmann Avenue Passed, approved and adopted this 20th day of March, 1995. Terrance M. Duggan, Mayor Attest Karen M Chesterman, Deputy City Clerk Published officially in the Telegraph Herald newspaper this 28th day of March, 1995 It 3/28 Mary A Davis CMC, City Clerk Council Member Robbins moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Voetberg moved final consideration and passage of the Ordinance Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg Nays—Council Member Krieg. An Ordinance Amending Code of Ordinances by deleting parts of Clarke Drive and North Grandview Avenue from the 2 hour parking time zones, said Ordinance having been presented and read at the Council Meetings of 2-20-95 and 3-6- 95, presented for further action (OFFICIAL PUBLICATION) ORDINANCE NO. 19-95 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY DELETING PARTS OF CLARKE DRIVE AND NORTH GRANDVIEW AVENUE FROM THE TWO HOUR TIME ZONES DESIGNATED IN SUBSECTION (c) OF SECTION 32-262 PROVIDING FOR TWO HOUR PARKING NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the Code of Ordinances of the City of Dubuque, Iowa be amended by deleting Clarke Drive and Grandview Avenue from Subsection (c) of Section 32-262 thereof as follows Sec 32-262 Prohibited on designated streets or portions thereof (c) Time zones designated Two Hour Time Zones Clarke Drive, north side, from North Grandview Avenue to the east property line of 1799 Clarke Drive, west side, from Ungs Street to north property line of 1687 Clarke Drive. Clarke Drive, both sides, from North Grandview Avenue to St Ambrose Street Grandview Avenue, North, from Clarke Drive south to the south property line of 1961 North Grandview Avenue. Section 2 That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding Clarke Drive and Grandview Avenue to Subsection (c) of Section 32-262 thereof as follows Sec 32-262 Prohibited on designated streets or portions thereof (c) Time zones designated Two Hour Time Zones Clarke Drive, south side, from St Ambrose Street to the west property line of 2044 Clarke Drive. Grandview Avenue, North, south side, from Avoca Street to the south property line of 1961 North Grandview Avenue. Passed, approved and adopted this 20th day of March, 1995. Terrance M. Duggan, Mayor Attest Karen M Chesterman, Deputy City Clerk Published officially in the Telegraph Herald newspaper this 12th day of Lune, 1995 It 6/12 Mary A Davis, CMC, City Clerk Council Member Voetberg moved final consideration and passage of the Ordinance Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg Nays—Council Member Krieg. An Ordinance Amending the Code of Ordinances by adopting a new Section 32-396 thereto providing for the designation of a certain area as Residential Parking Permit District, said Ordinance having been presented and read at the Council Meetings of 2-20-95 and 3-6-95, presented for further action Council Member Krieg moved to amend the proposed Ordinance, striking the daily stated closing time of 10 p nr and insetting 7 p nr Seconded by Council Member Kluesner Vote on the motion was as follows Yeas—Council Member_ Kluesner, Krieg, Nagle Nays—Mayor Duggan, Council Members Nicholson, Robbins, Voetberg. MOTION FAMED. (OFFICIAL PUBLICATION) ORDINANCE NO. 20-95 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADOPTING A NEW SECTION 32-396 THERETO PROVIDING FOR THE DESIGNATION OF A CERTAIN AREA AS RESIDENTIAL PARKING PERMIT DISTRICT Whereas, Sections 32-381 through 32-393 of the Code of Ordinances of the City of Dubuque, Iowa empowers the City Council to establish a Residential Parking Permit District upon receipt of a valid petition and the finding of certain conditions, and Regular Session, March 20, 1995 7 Whereas, a valid petition has been received to declare an area described as follows as a Residential Parking Permit District between the hours of 7 30 a m and 10 00 p nt daily, except Sundays and holidays_ North Grandview Avenue, west side, from Rosedale Street to the north property line of 2165 North Grandview Avenue, east side, from Clarke Drive to the north property line of 2280 North Grandview Avenue; Clarke Drive from the east property line of 1687 Clarke Drive to St Ambrose Street Sunnyview Drive, from North Grandview Avenue to St Ambrose Street, Urgs Street, south side, and Hoyt Street and Whereas, the City manager has caused e parking study of the above identified area to be conducted, and which study has established that the area meets the criteria as established in Section 32-383 of the Code of Ordinances of the City of Dubuque, Iowa; 1 At least 80% of the curbside parking spaces in the proposed Parking Permit District were utilized during peak periods, and 2 At least 25% of the curbside parking spaces in the proposed Parking Permit District were utilized by nonresident parker_; and Whereas, the City Manager, based upon the petition and the results of the parking study, recommends to the City Council that the area be designated as a Residential Parking Permit District during the hours of 730 a m to 10 00 p m daily, except Sundays and holidays, and Whereas, the City Council pursuant to public notice published on March 10, 1995 , in the Dubuque Telegraph Herald, a newspaper of general circulation met in session on the 20th day of March, 1995 at 7:30 p m. in the third floor auditorium of the Carnegie Stout Public Library for the purpose of hearing all interested persons and representatives of organizations and to consider any and all objections which have been filed to the proposed designation of the above area as a Residential Parking Permit District during the hours of 730 a m to 10 00 p m, daily except Sundays and holidays, and Whereas, all interested parties have been given an opportunity to be heard and all objections have been duly considered NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That a petition containing the required number of signatures and meeting the intent and purposes of Section 32-381 through 32- 393 of the Code of Ordinances of the City of Dubuque, Iowa has been received by the City of Dubuque. Section 2 That any and all objections to the designation of the area as a Residential Parking Permit District during the hours of 730 a m to 10 00 p m daily, except Sundays and holidays be and the same are overruled Section 3 That the recommendation of the City Manager based upon the petition and the parking study to designate the area as a Residential Parking Permit District during the hours of 730 a . to 10:00 pm. daily, except Sundays and holidays, is hereby approved and accepted Section 4 That the Code of Ordinances of the City of Dubuque, Iowa be amended by enacting a new Section 32-396 as follows "Sec 32-396_ Residential Parking Permit District "C" (a) The following described area constitutes a Residential Parking Permit District designated as Residential Parking Permit District "C"_ North Grandview Avenue, west side, from Rosedale Street to the north property line of 2165 North Grandview Avenue, east side, from Clarke Drive to the north property line of 2280 North Grandview Avenue; Clarke Drive from the east property line of 1687 Clarke Drive to St Ambrose Street Sunnyview Drive, from North Grandview Avenue to St Ambrose Street, Urge Street, south side, and Hoyt Street and (b) No vehicles shall park curbside in Residential Parking Permit District "C" during the hours of 730 a m to 10 00 p m daily, except Sundays and holidays without displaying a valid parking permit issued by the City_" Section i That the City Clerk is hereby directed to mail to every dwelling unit within the designated district the documents prescribed by Section 32-385 of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of March, 1995. Terrence M. Duggan, Mayor Attest Karen M Chesterman, Deputy City Clerk Published officially in the Telegraph Herald newspaper this 12th day offline, 1995 It 6/12 Mary A Davis, CMC, City Clerk Council Member Voetberg moved final consideration and passage of the Ordinance Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg Nays—Council Member Krieg. Proof of Publication certified to by the Publisher on Notice to consider disposing of citys interest in property located at 754-756 West 8th St and City Manager recommending sale of said real estate, presented and read Council Member Nagle moved that the proof and communication be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 97-95 RESOLUTION APPROVING THE DISPOSAL OF CITY -OWNED PROPERTY, SPECIFICALLY, LOT SDC (6) IN HEDLEY'S SUBDIVISION IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, ALSO KNOWN AS 754-56 WEST STH STREET, TO RICHARD WHITE. Whereas, pursuant to a notice, duly published in the Telegraph Herald newspaper, the City Council of Dubuque, Iowa met on the 6th day of March, 1995, at 730 pm in the Carnegie Stout Public Library Auditorium, 11th and Bluff Street, Dubuque, Iowa to consider the proposal to dispose of City -owned real estate located at 754-56 West 8th Street which property is legally described as follows 8 Regular Session, March 20, 1995 Lot Six (6) in Medley's Subdivision in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof Whereas, such property is proposed to be sold to Richard White in consideration for Two Thousand Five Hundred Dollars ($2,500) as the sixth DREAMS Program property to be sold: and Whereas, the City Council of the City of Dubuque, Iowa, has overruled any and all objections, oral or written, to the proposal to dispose of the interest of the City of Dubuque, Iowa, in the herein and above-named real estate to the above-named grantees_ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the disposal of the interest of the City of Dubuque in the above-described property to Richard White is hereby approved. Section 2 That the Mayor be and he is hereby authorized and directed to execute a Quit Claim Deed, and that the City Clerk be and she is hereby directed and authorized to deliver such Deed, conveying the above described real estate to the above-named grantee. Passed, approved and adopted this 20th day of March, 1995. Terrence M. Duggan, Mayor Attest Karen M Chesterman, Deputy City Clerk Council Member Nagle moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Proof of Publication certified to by the Publisher on Notice to consider disposing of city's interest in property located at 2190 Farley Street and City Manager recommending sale of said real estate, presented and read Council Member Nagle moved that the proof and communication be received and filed. Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 98-95 RESOLUTION APPROVING THE DISPOSAL OF CITY -OWNED PROPERTY, SPECIFICALLY, THE WESTERLY FORTY FEET (W40') OF LOT TWO (2), AND THE WESTERLY FORTY FEET (W40) OF THE SOUTHWESTERLY TWENTY-FIVE FEET (SW25') OF LOT ONE (1) IN WICKES ADDITION IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, ALSO KNOWN AS 2190 FARLEY STREET, TO CHRISTOPHER AND .IERRI PRIEBE. Whereas, pursuant to a notice, duly published in the Telegraph Herald newspaper, the City Council of Dubuque, Iowa met on the 6th day of March, 1995, at 7 30 p nr in the Carnegie Stout Public Library Auditorium, 11th and Bluff Street, Dubuque, Iowa, to consider the proposal to dispose of City -owned real estate located at 2190 Farley Street which property is legally described as follows the Westerly Forty Feet (W40) of Lot Two (2), and the Westerly Forty Feet (W40) of the Southwesterly Twenty -Five Feet (SW25') of Lot One (1) in Wickes Addition in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof Whereas, such property is proposed to be sold to Christopher and Teri Priebe in consideration for One Thousand Five Hundred Dollars ($1,500) as the sixth DREAMS Program property to be sold: and Whereas, the City Council of the City of Dubuque, Iowa, has overruled any and all objections, oral and written, to the proposal to dispose of the interest of the City of Dubuque, Iowa, in the herein and above-named real estate to the above-named grantees_ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the disposal of the interest of the City of Dubuque in the above-described property to Christopher and Terri Priebe is hereby approved. Section 2 That the Mayor be and he is hereby authorized and directed to execute a Quit Claim Deed, and that the City Clerk be and she is hereby directed and authorized to deliver such Deed, conveying the above described real estate to the above-named grantee. Passed, approved and adopted this 20th day of March, 1995. Terence M. Duggan, Mayor Attest Karen M Chesterman, Deputy City Clerk Council Member Nagle 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 Proof of Publication certified to by the Publisher on Notice of Hearing on plans and specifications for U S_ 420 - Dodge Street Sanitary Sewer Relocation - McClain Street, Hill Street, and Lois/Reeder Streets, presented and read Council Member Nagle moved that the proof be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 99-95 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 1st day of March, 1995, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the U.S. 20 - Dodge Street Sanitary Sewer Relocation McClain Street, Hill Street, and Lois/Reeder Whereas, notice of hearing on plans, specifications, fon) of contract, and estimated cost was published as required by law NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Ihat the said plans, specifications, fon) of contract and estimated cost are hereby approved as the plans, specifications, fon) of contract and Regular Session, March 20, 1995 9 estimated cost for said improvements for said project. Passed, adopted and approved this 20th day of March, 1995. Terrance M. Duggan, Mayor Attest: Karen M Chesterman, Deputy City Clerk Council Member Nagle moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Proof of Publication certified to by the Publisher on Notice to Bidders of the Receipt of Bids for project and City Manager recommending to award contract for project, presented and read. Council Member Nagle moved that the proof and communication be received and filed. Seconded by Council Member Nicholson Carried by the following vote: Yeas—Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 100-94 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the US_ 20 - Dodge Street Sanitary Sewer Relocation McClain Street, Hill Street, and Lois -Reeder pursuant to Resolution No 79-95 and notice to bidders published in e newspaper published in the City of Dubuque, Iowa on the 9th day of March, 1995. Whereas, said sealed proposals were opened and read on the 14th day of March, 1995 and it has been determined that the bid of Sproule Constmction Company, Inc of Galena, Illinois in the amount of $35,776 28 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Sproule Constmction Company, Inc and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidder__ Passed, approved and adopted this 20th day of March, 1995. Terrance M. Duggan, Mayor Attest: Karen M Chesterman, Deputy City Clerk Council Member Nagle moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote: Yeas—Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None BOARDS AND COMMISSIONS AIRPORT COMMISSION Allan T. Thorns submitting his resignation from the Airport Commission effective immediately, presented and read Council Member Voetberg moved that the resignation be received and filed and accepted with regret. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Airport Commission - One unexpired tem which will expire 9-14-97 (tem) of Thorns) Applicants: Tom R. Baldwin, Kathy Blau, Jeffrey S. Pear, Tracy A. Wagner. Kathy Blau, Tracy Wagner, Tom Baldwin and Jeff Pear all spoke requesting appointment. Vote on the appointment was as follows: Mayor Duggan voted for Pear, Council Member Kluesner voted for Baldwin, Council Member Krieg voted for Wagner, Council Member Nagle voted for Wagner, Council Member Nicholson voted for Baldwin, Council Member Robbins voted for Baldwin, Council Member Voetberg voted for Baldwin. Therefore, Thomas R. Baldwin appointed to the Airport Commission to fill the unexpired tem) which will expire 9-14-97. HUMAN RIGHTS COMMISSION Mark McDowell submitting his resignation from the Human Rights Commission, presented and read. Council Member Voetberg moved that the resignation be received and filed and accepted with regret. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Human Rights Commission: One unexpired tem to expire January 1, 1997 (tem) of McDowell) Applicants: Roger Maiers, Steven Rackis, Robert Turner_ Marty O'Shea, a present Human Rights Commissioner, spoke requesting further solicitation of applicants Roger Maiers and Steve Rackis spoke both requesting appointment Vote on the appointment was as follows: Mayor Duggan voted for Rackis, Council Member Kluesner voted for Maiers, Council Member Krieg voted for Maiers, Council Member Nagle voted for Turner, Council Member Nicholson voted for Maiers, Council Member Robbins voted for Maiers, Council Member Voetberg voted for Maiers Therefore, Roger Maiers appointed to the Human Rights Commission for the unexpired tem which will expire 1-1-97. ZONING BOARD OF ADJUSTMENT: One five year tem) which will expire March 25, 2000 (tem) of Uelner) Applicants: Jim Corbett, William Gasper, C Jayne Uelner. C Jayne Uelner spoke requesting reappointment. Vote on the appointment was as follows: Mayor Duggan voted for Uelner, Council Member Kluesner voted for Uelner, Council Member Krieg voted for Uelner, Council Member Nagle voted for Uelner, Council Member Nicholson voted for Uelner, Council Member Robbins voted for Uelner, Council Member Voetberg voted for Uelner. Therefore, C. Jayne Uelner reappointed to a five year tem) on the Zoning Board of Adjustment which will expire March 25, 2000 DEFERRED FROM MEETING OF MARCH 3, 1995 - Council Member Nagle requesting 10 Regular Session, March 20, 1995 reconsideration of Ordinance No. 35-94 regarding University of Dubuque's rezoning (Ordinance adopted on June 20, 1994 and July 5, 1994.) Communication from Ralph F. Feldetman requesting that Council change the ordinance, presented and 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 Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Communications received from the following requesting the Council NOT to reconsider Ordinance No. 35-94: Carole A. and Thomas I. Carroll, Lester Entringer, Jim & Sue Lindsay, Doris Kinseth, Marcella Tigges, Dean & Pene State, Virginia K Koester, Rite G Gleason, Mrs Merlin (Luella) Apel, Elizabeth E Platt, Allen C & Jeanne R. Kane, Mr. & Mrs Robert Pier, Jim & Ruth Lewis, Mr & Mrs G_ I Crippes, Robert I Murphy, Mr & Mrs Milo Mills, Judith A Glab, Sharon L Kennedy, Mrs Delores Keehner, Allan Carew, Steven T Christ, Gerald & Joyce Schissel, presented and read Council Member Voetberg moved that the communications be received and filed. Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Communication of Patti Carr requesting Council to vote on the ordinance as it presently stands: Tom Carroll requesting to address the Council regarding UD zoning issue (latest developments) and possible amendments being considered: and City Manager submitting information requiring the FOR report, presented and read. Council Member Voetberg moved that the communications be received and filed Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Nagle moved to reconsider the motion of 7-5-94 adopting Ordinance 35-94 with amendments_ Seconded by Council Member Voetberg Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Nagle then moved to remove the three amendments (Ord No 35-94) (1 Access to the project is only by Hwy 20 East-West access only - no access to be permitted from Devon Dr_: 2 That a provision clause be incorporated for approval to 7-1-95 and if no resolution to the access then project is dead: 3 Once a determination is made with access to Hwy 20, that it come back to the Council table, for their approval of the site for Hwy 20 and will require 314 vote of the Council) put on at that July 5th meeting. Seconded by Council Member Voetberg. Carried by the following vote_ Yeas—Mayor Duggan, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—Council Member Kluesner Council Member Voetberg then moved to add these six amendments proposed by Council Member Nagle to the Ordinance (No. 35-94): 1. Elimination of the 24 hour grocery stores: 2 Elimination of largest restaurant closest to the west property line (8500 salt); 3_ Prohbithestrict semi -truck and/or delivery trucks from utilizing Devon St access All such deliveries would have to utilize Hwy 20 access point_ 4 Erect or install concrete median strips on the frontage road at Devon Dr.; 5 Maximum allowance of three restaurants, on or along Hwy 20 as submitted but not to exceed 15,000 sq foot for all total: and 6 In lieu of the grocery store, an allowance of a general and specialty retail with not to exceed 80,000 sq. ft and also that a Public Hearing be held at the next Council Meeting. Seconded by Council Member Nicholson Vote on the motion was as follows Yeas—Council Member Krieg, Nicholson, Voetberg Nays—Mayor Duggan, Council Members Kluesner, Nagle, Robbins_ MOTION FAMED. Council Member Voetberg then moved final consideration and adoption of the Ordinance No. 35-94, as reconsidered and amended. Seconded by Council Member Kluesner Vote on the Motion was as follows Yeas—Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—Mayor Duggan, Council Member Kluesner MOTION FAMED DUE TO LACK OF 314 VOTE City Manager recommending approval of lease with Tri-State Modelers for use of portion of Roosevelt Park, presented and read Council Member Voetberg moved that the communication be received and filed and approved lease. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Airport Manager requesting to utilize funds, received from sale of the CreshiFire/Rescue truck, to purchase a used vehicle, and City Manager recommending approval of request, presented and read Council Member Krieg moved that the communications be received and filed and approved request. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Airport Manager requesting additional $10,000 in current FY'95 budget for the purpose to advertise and market the airport to the tri-state community and City Manager responding to request for additional monies, presented and read Arnie Honkamp of the Airport Commission spoke requesting this money for Airport marketing purposes Council Member Krieg moved that the communication be received and filed and approved request_ Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—Mayor Duggan City Manager responding to petition requesting four way stop s(gn on Lincoln Ave and recommending no stop signs be installed, presented and read Upon consensus it was decided that they will take a look at it later after the Park opens etc and bring it back for further consideration then. Regular Session, March 20, 1995 11 City Manager recommending approval of an eighteen inch encroachment into the alley behind the building at 646 Central Ave, presented and 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 Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None An Ordinance Authorizing Conrad Auto Sales to construct a brick veneer and sign canopy at the rear of 646 Central Avenue, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 21-95 AN ORDINANCE AUTHORIZING CONRAD AUTO SALES TO CONSTRUCT A BRICK VENEER AND SIGN CANOPY AT THE REAR OF 646 CENTRAL AVENUE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That Ronald I Conrad as the owner of the premises known as Conrad Auto Sales, 646 Central Avenue, Dubuque, Iowa, and legally described as Lot 2 of City Lot 290, Lot 2 of City Lot 290A and City Lot 291 be and they are hereby granted the revocable permit and authority to construct and maintain a brick veneer and sign canopy at the rear of 646 Central Avenue under the terms and conditions set forth in this Ordinance. Section 2 That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque Section 3 That the permission herein granted is expressly conditioned on permittee' agreement to a Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said brick veneer and sign canopy at the rear of 646 Central Avenue; and b Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said brick veneer and sign canopy at the rear of 646 Central Avenue sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of brick veneer and sign canopy at the rear of 646 Central Avenue and to pay reasonable attorney fees therefor: and c Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death andlor injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4 That the permission herein granted is expressly conditioned upon permittee' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said brick veneer and sign canopy at the rear of 646 Central Avenue and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said brick veneer and sign canopy at the rear of 646 Central Avenue at permittee' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said brick veneer and sign canopy at the rear of 646 Central Avenue. Section 5 That permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the deign, erection, location, construction, repair or maintenance of said facility and said permittee hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries andlor property damage against the permittee arising out of or in any way connected with the location, installation, construction, deign, repair and maintenance of the facility herein permitted. Section 6_ This Ordinance shall become effective and the rights hereunder accrue to Ronald I Conrad when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittee by acceptance endorsed on this Ordinance Section T That the City Clerk be and she is authorized and directed to file at permittee' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 20th day of March, 1995. Terrance M. Duggan, Mayor Attest Karen M Chesterman, Deputy City Clerk ACCEPTANCE OF ORDINANCE NO 21-95 The undersigned having read and being familiar with the terms and conditions of Ordinance No 21-95, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittee_ By: Ronald G. Conrad, Sr. Title: Owner Dated_ 3-23-95 Published officially in the Telegraph Herald newspaper this 28th day of March, 1995 It 3128 Mary A Davis, CMC, City Clerk Council Member Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Voetberg moved final consideration and passage of the Ordinance Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor Duggan, 12 Regular Session, March 20, 1995 Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 101-95 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved: and Whereas, the premised to be occupied by such applicants were inspected and found to comply with the State Lawn and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License CLASS "B“ (HOTEUMOTEL) COMMERCIAL BEER & LIQUOR LICENSE Dubuque Historic Lmpr_ The Redstone Inn (-Sunday Sales) 504 Bluff St CLASS "C (COMMERCIAL) BEER & LIQUOR LICENSE Enke Investment Company Cedars Restaurant & Lounge (-Sunday Sales) 2155 Southpark Ct The Yardamn Inc Yardamn Restaurant & Bar (-Sunday Sales) 1201 Shwas Ext Fraternal Order of Eagles 4568 Fraternal Order of Eagles (-Sunday Sales) 1175 Century Dr Aramark Educational Sery Inc Aramark Education Ser,Inc (-Sunday Sales) 1450 Alta Vista Dr Loras College Campus Center Passed, approved and adopted this 20th day of March, 1995 Terrance M. Duggan, Mayor Attest Karen M Chesterman, Deputy City Clerk Council Member Krieg moved adoption of the Resolution Seconded by Council Member Kluesner Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Zoning Commission advising of their DENIAL on request to reclassify property at 980 Clarke Drive from R-1 to CS District (Also advising letters and petitions comprising of 801 percent opposing the project, have been received), and an Ordinance Amending Zoning Map by reclassifying property located at 980 Clarke Drive from R-1 Single -Family Residential District to CS Commercial Service and Wholesale District, presented and read Council Member Krieg moved to receive and file the documents and to concur with the denial Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Council Members Kluesner, Krieg, Nagle, Robbins Nays—Mayor Duggan, Council Members Nicholson, Voetberg Zoning Commission advising of their approval to reclassify property located on East side of White St between 8th & 11th from HI to C-4 District, presented and 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 Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None An Ordinance Amending Zoning Map by reclassifying property located on the East side of White Street between 8th & 11th Streets from HI Heavy Industrial District to C-4 Downtown Commercial District, presented and read Council Member Voetberg moved that a Public Hearing be held on the proposed Ordinance on the 3rd day of April, 1995, at 7:00 o'clock p m. at the Public Library Auditorium and that the City Clerk be directed to publish notice in the manner prescribed by law. Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Zoning Commission advising of their approval to amend Section 4-1 2(B) of the Zoning Ordinance, presented and 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 Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None An Ordinance Amending Appendix A (Zoning Ordinance) of the City Code of Ordinances by adopting a new Section 4-1 2(5) in lieu thereof pertaining to maximum size of Accessory Buildings, presented and read Council Member Voetberg moved that a Public Hearing be held on the proposed Ordinance on the 3rd day of April, 1995, at 7:00 o'clock p m. at the Public Library Auditorium and that the City Clerk be directed to publish notice in the manner prescribed by law Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager submitting documents providing for the bidding process regarding reconstruction of the Fremont Avenue Bridge, presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 102-95 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Ihat the proposed plans, specifications, form of contract and estimated cost for the Reconstruction of the Fremont Avenue Bridge, in the estimated amount of $2,467,259 85 are hereby approved and ordered filed in the office of the City Clerk for public inspection Passed, adopted and approved this 20th day of March, 1995. Terrence M. Duggan, Mayor Attest Karen M Chesterman, Deputy City Clerk Regular Session, March 20, 1995 13 Council Member Krieg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 103-95 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Reconstruction of the Fremont Avenue Bridge NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Ihat on the 17th day of April, 1995, a public hearing will be held at 7:00 p m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, fonn of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement Passed, adopted and approved this 20th day of March, 1995. Terrance M. Duggan, Mayor Attest Karen M Chesterman, Deputy City Clerk Council Member Krieg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 104-95 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Reconstruction of the Fremont Avenue Bridge is hereby ordered to be advertised for bids for construction BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conforrn to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2 00 p nr on the 11th day of April, 1995 Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7 00 p nr on the 17th day of April, 1995 Passed, adopted and approved this 20th day of March, 1995. Terrance M. Duggan, Mayor Attest Karen M Chesterman, Deputy City Clerk Council Member Krieg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Sud Lsenhart spoke stressing appreciation for Council Agenda Packet now being available before the meeting at the Library, but also raised concerns about TIF monies_ Jack Owen, 1433 Washington, spoke stating that he considered the Airport unsafe since an incident with a baggage cart breaking through an unprotected viewing window. Council Member Voetberg requested that the Airport Manager respond to this gentleman's concerns to the Council, with a copy to Mr. Owen. At 8:54 p m. Council Member Voetberg moved to go into CLOSED SESSION — In Accordance with Chapter 215 1 0) To discuss the purchase of particular real estate where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. Seconded by Council Member Robbins. Carried by the following vote_ Yeas—Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council reconvened Regular Session at 9 27 p m, stating direction had been given Staff There being no further business, Council Member Nicholson moved to adjourn. Seconded by Council Member Voetberg earned by the following vote_ Yeas—Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Meeting adjourned at 9 28 p nr Karen M Chesterman Deputy City Clerk Approved 1996. Adopted 1996. Mayor Council Member_ 14 Regular Session, March 20, 1995