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1995 May Council Proceedings2 Regular Session, May 1, 1995 Voetberg moved that the proceedings be approved as printed. Seconded by Council Member DUBUQUE Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. CITY COUNCIL Nays—None. Absent—Council Member Nagle. NOTICES OF CLAIMS/SUITS —John Kieler OFFICIAL in amount of $50.00 for vehicle damages; Ross F. Mayne in estimated amount of $1,831.08 for PROCEEDINGS vehicle damages; William W. Stark, in unknown amount for personal injuries; Leo Then in amount of $206.17 for vehicle damages, presented and read. Council Member Voetberg moved that the Regular Session, May 1, 1995 Council Met at 7:00 p.m., Public Libraryclaims and suits be referred to the Legal Staff for Auditoriuminvestigation and report. Seconded by Council Member Robbins. Carried by the following vote: Present: Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg,Yeas—Mayor Duggan, Council Members City Manager Michael Van Milligen, CorporationKluesner, Krieg, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Nagle. Counsel Barry Lindahl. Absent: Council Member Nagle. Corporation Counsel advising following claims Mayor Duggan read the call and stated this ishave been referred to Crawford & Company: Personal injuries of Sandra Beversdorf; Personal the Regular Session of the City Council called for injury of Monica Dowd; Personal injury of the purpose to act upon such business which may properly come before the Council.Elizabeth Gronau; Property damage of Hartig Drug Company; Car damage of Matthew C. Kramer, presented and read. Council Member Invocation was give by Sr. Jordan Dahm, Voetberg moved that the communications be O.S.F., President of Dubuque Area Congregations United.received and filed. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members PROCLAMATIONS — Month of May "Mental Health Month" received by Pat Flynn;Kluesner, Krieg, Nicholson, Robbins, Voetberg. May 7-13 "School Board Member RecognitionNays—None. Absent—Council Member Nagle. Week"; May 7-13 "Hospital Week" received by Corporation Counsel advising personal injury Karmen Wilhelm from The Finley Hospital; May 13 "Food Collection by Letter Carriers' Day"claim of Linda M. Brower has been referred to received by Dave Drexel and Gene Norman; MayDRA, presented and read. Council Member Voetberg moved that the communications be 6-12, 1995 as "Nurses Week" received by Karmen received and filed. Seconded by Council Member Wilhelm from The Finley Hospital and Norma Steffen from Mercy Hospital. Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Mayor Duggan swore in Council Member Voetberg as Mayor Pro-Tem.Nays—None. Absent—Council Member Nagle. Finance Director submitting Financial Reports MINUTES SUBMITTED — Cable TV for March, 1995, presented and read. Council Regulatory Commission of 4-12; Five Flags Commission of 4-17; Housing Commission of 4-Member Voetberg moved that the reports be 11; Housing Commission Trust Fund Committeereceived and filed. Seconded by Council Member Robbins. Carried by the following vote: of 4-6; Human Rights Commission of 3-13; Yeas—Mayor Duggan, Council Members Investment Oversight Commission of 4-20; Library Board of 3-23; Park & RecreationKluesner, Krieg, Nicholson, Robbins, Voetberg. Commission of 4-11, and Zoning Commission ofNays—None. Absent—Council Member Nagle. 4-5, presented and read. Council Member Voetberg moved that the minutes be received andRonald J. Conrad, A-OK Yellow Cab filed. Seconded by Council Member Robbins.Company, advising of rate increase effective May 2, 1995, presented and read. Council Member Carried by the following vote: Yeas—Mayor Voetberg moved that the communication be Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays—None.received and filed. Seconded by Council Member Absent—Council Member Nagle.Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Substance Abuse Services Center submitting their 3rd quarterly report, presented and read.Nays—None. Absent—Council Member Nagle. Council Member Voetberg moved that the report Long Range Planning Commission submitting be received and filed. Seconded by Council their revised process for Phase II of the Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council MembersComprehensive Plan, presented and read. Council Member Voetberg moved that the communication Kluesner, Krieg, Nicholson, Robbins, Voetberg. be received and filed. Seconded by Council Nays—None. Absent—Council Member Nagle. Member Robbins. Carried by the following vote: Printed Council Proceedings for month ofYeas—Mayor Duggan, Council Members April, 1994, presented and read. Council Member Regular Session, May 1, 19953 Kluesner, Krieg, Nicholson, Robbins, Voetberg.Whereas, it is the desire of the City Council to Nays—None. Absent—Council Member Nagle.enter into said License Agreement for the installation of monitoring wells on the public right- Daniel Regan requesting to purchase adjoiningof-way as requested. property located at 780 Steward St., presented andNOW, THEREFORE, BE IT RESOLVED BY read. Council Member Voetberg moved that theTHE CITY COUNCIL OF THE CITY OF communication be referred to the City ManagerDUBUQUE, IOWA: and Staff. Seconded by Council MemberSection 1. That the License Agreement for Robbins. Carried by the following vote:Right-of-Entry for Site Assessment be and the Yeas—Mayor Duggan, Council Memberssame is hereby approved. Kluesner, Krieg, Nicholson, Robbins, Voetberg.Section 2. That the Mayor be and is hereby Nays—None. Absent—Council Member Nagle.authorized to execute said License Agreement for and on behalf of the City Council. GDREC and KAT-FM requesting fireworksPassed, approved and adopted this 1st day of display on May 28th on Mississippi River betweenMay, 1995. Railroad Bridge and the Julian Dubuque Bridge,Terrance M. Duggan, Mayor presented and read. Council Member VoetbergAttest: moved that the request be approved subject toMary A. Davis, City Clerk implementation by City Manager. Seconded byCouncil Member Voetberg moved adoption of Council Member Robbins. Carried by thethe Resolution. Seconded by Council Member following vote: Yeas—Mayor Duggan, CouncilRobbins. Carried by the following vote: Members Kluesner, Krieg, Nicholson, Robbins,Yeas—Mayor Duggan, Council Members Voetberg. Nays—None. Absent—CouncilKluesner, Krieg, Nicholson, Robbins, Voetberg. Member Nagle.Nays—None. Absent—Council Member Nagle. City Manager recommending execution of aCity Manager requesting to commit $10,000 to management agreement with Mary Miller forjoin coalition of cities filing a petition regarding Miller-Riverview Park and requestingcable franchise fees, presented and read. Council authorization to execute, presented and read.Member Voetberg moved that the communication Council Member Voetberg moved that thebe received and filed and petition approved. communication be received and filed andSeconded by Council Member Robbins. Carried approved. Seconded by Council Member Robbins.by the following vote: Yeas—Mayor Duggan, Carried by the following vote: Yeas—MayorCouncil Members Kluesner, Krieg, Nicholson, Duggan, Council Members Kluesner, Krieg,Robbins, Voetberg. Nays—None. Nicholson, Robbins, Voetberg. Nays—None.Absent—Council Member Nagle. Absent—Council Member Nagle. Council Member Krieg moved that the rules be City Manager recommending approval tosuspended to allow anyone present to address the install monitoring wells near Metz Baking Co.,Council if they so desire. Seconded by Council presented and read. Council Member VoetbergMember Nicholson. Carried by the following vote: moved that the communication be received andYeas—Mayor Duggan, Council Members filed. Seconded by Council Member Robbins.Kluesner, Krieg, Nicholson, Robbins, Voetberg. Carried by the following vote: Yeas—MayorNays—None. Absent—Council Member Nagle. Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays—None.Proof of Publication certified to by the Absent—Council Member Nagle.Publisher on Notice of Public Hearing to consider rezoning of property located at the Northwest RESOLUTION NO. 149-95corner of Cedar Cross Road and Fremont Avenue from AG to CS District and Petition from owners RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN CITY OFof 84% of adjoining property objecting to rezoning DUBUQUE AND METZ BAKINGrequest (Rezoning approved by Zoning COMPANY TO INSTALL MONITORINGCommission, however, with this petition being filed, a 3/4 vote is needed by Council), and an WELLS ON PUBLIC RIGHT-OF-WAY IN THE VICINITY OF 25 SOUTH MAINORDINANCE Amending Zoning Map by STREETreclassifying property located at the Northwest Whereas, Summit Envirosolutions, Inc. oncorner of Cedar Cross Road and Fremont Avenue behalf of the Metz Baking Company has requestedfrom AG Agricultural District to CS Commercial permission from the City of Dubuque to installService District (John Heiderscheit), presented monitoring wells on City right-of-way on Mainand read. Street, U.S. 20, Harrison Street and Jones StreetJack Heiderscheit spoke requesting rezoning to for the purpose of assessing current groundwaterconstruct Al's Garage which employs only himself, conditions at the Metz Baking property; andhis wife and one employee and would only be open Whereas, a License Agreement Right-of-Entryduring the business day. Also he stated the for Site Assessment has been prepared outliningobjectors to this request do not live near there. the responsibilities of Metz Baking Company andMarty McNamer, 1199 Hunter's Ridge, Summit Envirosolutions in the installation ofobjected to the rezoning request. monitoring wells on the public right-of-ways; andFerd Nesler of the Zoning Commission advised Whereas, the performance of the activities ofof their approval for this request. Summit Envirosolutions will be at no cost orCouncil Member Krieg moved to deny the expense to the City and all work will be performedrezoning. Seconded by Council Member by the Licensee, Metz Baking Company, or itsNicholson. Carried by the following vote: employees, agents or subcontractors; andYeas—Mayor Duggan, Council Members 4 Regular Session, May 1, 1995 Kluesner, Krieg, Nicholson, Robbins, Voetberg.corner of Cedar Cross Road/Fremont Avenue from Nays—None. Absent—Council Member Nagle.AG to C-2 and R-3 District (Approved by Zoning Commission), presented and read. Council Proof of Publication certified to by theMember Kluesner moved that the proof be Publisher on Notice of Public Hearing to considerreceived and filed. Seconded by Council Member rezoning of property at 2123 Hummingbird DriveRobbins. Carried by the following vote: from R-4 to R-3 District (Approved by ZoningYeas—Mayor Duggan, Council Members Commission), presented and read. CouncilKluesner, Krieg, Nicholson, Robbins, Voetberg. Member Kluesner moved that the proof beNays—None. Absent—Council Member Nagle. received and filed. Seconded by Council MemberAn Ordinance Amending Zoning Map by Robbins. Carried by the following vote:reclassifying property located at the Northeast Yeas—Mayor Duggan, Council Memberscorner of Cedar Cross Road/Fremont Avenue from Kluesner, Krieg, Nicholson, Robbins, Voetberg.AG Agricultural District to C-2 Neighborhood Nays—None. Absent—Council Member Nagle.Shopping Center District and R-3 Moderate An Ordinance Amending Zoning Map byDensity Multi-Family Residential District (Troy reclassifying property located at 2123Budde), said Ordinance having been presented and Hummingbird Drive (Lot 4 Block 10 Sunny Sloperead at the Council Meeting of 4-17-95, presented Estates) from R-4 Multi-Family Residentialfor further action. District to R-3 Moderate Density Multi-FamilyCouncil Member Krieg moved that they delay District (Mark Sullivan), said Ordinance havingaction on this for two weeks while a draft is been presented and read at the Council Meeting ofprepared between the City and Budde which spells 4-17-95, presented for further action. out the terms of the intersections. Seconded by Council Member Nicholson. Vote on the motion (OFFICIAL PUBLICATION)was as follows: Yeas—Council Members Krieg, Nicholson. Nays—Mayor Duggan, Council ORDINANCE NO. 25-95 AN ORDINANCE AMENDING APPENDIXMembers Kluesner, Robbins, Voetberg. A (THE ZONING ORDINANCE) OF THEAbsent—Council Member Nagle. MOTION FAILED. CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY(OFFICIAL PUBLICATION) LOCATED AT 2123 HUMMINGBIRDORDINANCE NO. 26-95 DRIVE (LOT 4 BLOCK 10 SUNNY SLOPEAN ORDINANCE AMENDING APPENDIX ESTATES) FROM R-4 MULTI-FAMILYA (THE ZONING ORDINANCE) OF THE RESIDENTIAL DISTRICT TO R-3CITY OF DUBUQUE CODE OF MODERATE DENSITY MULTI-FAMILYORDINANCES, BY RECLASSIFYING DISTRICT.HEREINAFTER DESCRIBED PROPERTY NOW, THEREFORE, BE IT ORDAINED BYLOCATED AT THE NORTHEAST CORNER THE CITY COUNCIL OF THE CITY OFOF CEDAR CROSS ROAD/FREMONT DUBUQUE, IOWA: AVENUE FROM AG AGRICULTURAL Section 1. That Appendix A (the Zoning DISTRICT TO C-2 NEIGHBORHOOD Ordinance) of the City of Dubuque Code ofSHOPPING CENTER DISTRICT AND R-3 Ordinances is hereby amended by reclassifying theMODERATE DENSITY MULTI-FAMILY hereinafter described property from R-4 Multi- RESIDENTIAL DISTRICT. Family Residential District to R-3 ModerateNOW, THEREFORE, BE IT ORDAINED BY Multi-Family District, to wit:THE CITY COUNCIL OF THE CITY OF Lot 4, Block 10, Sunny Slope Estates, and to theDUBUQUE, IOWA: center line of the adjoining public right-of-way, allSection 1. That Appendix A (the Zoning in the City of Dubuque, Iowa.Ordinance) of the City of Dubuque Code of Section 2. The foregoing amendment hasOrdinances is hereby amended by reclassifying the heretofore been reviewed by the Zoninghereinafter described property from AG Commission of the City of Dubuque, Iowa.Agricultural District to C-2 Neighborhood Section 3. This ordinance shall take effectShopping Center District, to wit: immediately upon publication, as provided by law.Commencing at the southeast corner of Lot 2 of J. Passed, approved and adopted this 1st day ofGeorge Place said point being the point of May, 1995.beginning; thence north 27 degrees 32'-39" west Terrance M. Duggan, Mayoralong the northeastern line of Lot 2 a distance of Attest:217.47 feet; thence south 73 degrees 11'-54" west Mary A. Davis, City Clerka distance of 130.62 feet; thence north 84 degrees Published officially in the Telegraph Herald49'-37" west a distance of 45.00 feet; thence north newspaper 5th day of May, 1995.11 degrees 11'-07" west a distance of 56.33 feet; 1t 5/5Mary A. Davis CMC, City Clerkthence north 27 degrees 32'-42" west a distance of 176.91 feet; thence north 47 degrees 46'-52" west Council Member Kluesner moved final consideration and passage of the Ordinance. a distance of 50.00 feet; thence north 33 degrees Seconded by Council Member Robbins. Carried17'-07" west to the northwestern line of Lot 2 a by the following vote: Yeas—Mayor Duggan,distance of 109.46 feet; thence south 62 degrees 28'-31" west along the northwestern line of Lot 2 Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays—None.a distance of 212.09 feet to the existing Absent—Council Member Nagle.northeastern right-of-way (ROW) line of Cedar Cross Road; thence south 36 degrees 50'-08" east Proof of Publication certified to by thealong said ROW a distance of 638.82 feet; thence Publisher on Notice of Public Hearing to considernorth 70 degrees 40'-18" east a distance of 133.95 rezoning of property located at the Northeast Regular Session, May 1, 19955 feet; thence north 63 degrees 40'-18" east aMulti-Family Residential District to CS distance of 155.10 feet to the point of beginning.Commercial Service District, with conditions as Section 2. That Appendix A of the City ofstated in the attached Memorandum of Agreement, Dubuque Code of Ordinances is hereby amendedto wit: by reclassifying the hereinafter described propertyBeginning at the intersection of the from AG Agricultural District to R-3 Moderatenortheasterly right-of-way line of Cedar Cross Density Multi-Family Residential District, to wit:Road and the northerly line of Lot 4 of J. Lot 2 of J. George Place except for the aboveGeorge Subdivision; thence north 59 degrees metes and bounds description.46 minutes 50 seconds east, 345.27 feet along Section 3. The foregoing amendment hasthe northerly line of J. George Subdivision; heretofore been reviewed by the Zoningthence north 35 degrees 04 minutes 25 seconds Commission of the City of Dubuque, Iowa.east, 203.35 feet; thence north 22 degrees 25 Section 4. This ordinance shall take effectminutes 55 seconds east, 239.01 feet; thence immediately upon publication, as provided by law.north 01 degrees 01 minutes 45 seconds east, Passed, approved and adopted this 1st day of198.85 feet to the southerly boundary line of May, 1995.the current LI zoning district; thence Terrance M. Duggan, Mayorsouthwesterly along the southerly boundary Attest:line of the current LI zoning district to a point Mary A. Davis, City Clerkof intersection with the northeasterly right-of- way line of Cedar Cross Road; thence Published officially in the Telegraph Herald newspaper this 5th day of May, 1995.southeasterly along the northeasterly right-of- 1t 5/5Mary A. Davis CMC, City Clerkway line of Cedar Cross Road to the point of Council Member Kluesner moved finalbeginning, containing 6.2 acres, more or less. consideration and passage of the Ordinance. Section 2. The foregoing amendment has Seconded by Council Member Robbins. Carriedheretofore been reviewed by the Zoning by the following vote: Yeas—Mayor Duggan,Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays—None.immediately upon publication, as provided by law. Absent—Council Member Nagle.Passed, approved and adopted this 1st day of May, 1995. Terrance M. Duggan, Mayor Proof of Publication certified to by the Publisher on Notice of Public Hearing to considerAttest: rezoning of property located on Cedar Cross Road,Mary A. Davis, City Clerk North of Alpine Tennis Center from AG and R-3ACCEPTANCE OF ORDINANCE NO. 27-95 to CS District (Approved by Zoning Commission), presented and read. Council Member KluesnerI, Dr. Julian G. Nemmers, Nemmers Cedar moved that the proof be received and filed. Ridge Farm Limited Partnership, having read the terms and conditions of the foregoing Ordinance Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Duggan,No. 27-95 and being familiar with the conditions Council Members Kluesner, Krieg, Nicholson,thereof, hereby accept this same and agree to the Robbins, Voetberg. Nays—None.conditions required therein. Dated in Dubuque, Iowa this 26th day of April, Absent—Council Member Nagle. 1995. An Ordinance Amending Zoning Map byBy /s/Dr. Julian G. Nemmers reclassifying property located on Cedar CrossNemmers Cedar Ridge Farm Limited Partnership Road, North of Alpine Tennis Center from AG Agricultural District and R-3 Moderate DensityPublished officially in the Telegraph Herald Multi-Family Residential District to CSnewspaper this 5th day of May, 1995. Commercial Service District (Julian Nemmers),1t 5/5Mary A. Davis, City Clerk presented and read at the Council Meeting of 4-17-Council Member Kluesner moved final 95, presented for further action. consideration and passage of the Ordinance. Seconded by Council Member Voetberg. Carried (OFFICIAL PUBLICATION)by the following vote: Yeas—Mayor Duggan, ORDINANCE NO. 27-95Council Members Kluesner, Krieg, Nicholson, AN ORDINANCE AMENDING APPENDIXRobbins, Voetberg. Nays—None. Absent—Council Member Nagle. A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYINGProof of Publication certified to by the Publisher on Notice of Public Hearing to consider HEREINAFTER DESCRIBED PROPERTY rezoning of property located at 2966 John F. LOCATED ON CEDAR CROSS ROAD, NORTH OF ALPINE TENNIS CENTERKennedy Rd. from R-1 to C-3 District (Denied by FROM AG AGRICULTURAL DISTRICTZoning Commission), presented and read. Council Member Nicholson moved that the communication AND R-3 MODERATE DENSITY MULTI- FAMILY RESIDENTIAL DISTRICT TO CSbe received and filed. Seconded by Council COMMERCIAL SERVICE DISTRICT.Member Robbins. Carried by the following vote: NOW, THEREFORE, BE IT ORDAINED BYYeas—Mayor Duggan, Council Members THE CITY COUNCIL OF THE CITY OFKluesner, Nicholson, Robbins, Voetberg. DUBUQUE, IOWA:Nays—Council Member Krieg. Absent—Council Section 1. That Appendix A (the ZoningMember Nagle. Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying theAn Ordinance Amending Zoning Map by hereinafter described property from AGreclassifying property located at 2966 John F. Agricultural District and R-3 Moderate DensityKennedy Road from R-1 Single-Family 6 Regular Session, May 1, 1995 Residential District to C-3 General CommercialYeas—Council Member Kluesner, Krieg, District (Randall Aird), first reading only given atNicholson, Robbins, Voetberg. Nays—Mayor meeting on 4-17-95, presented and read. Duggan. Absent—Council Member Nagle. Council Member Nicholson moved to table thisCouncil Member Nicholson moved to matter to the Council Meeting of June 5, 1995.reconsider action just taken in order to allow for Seconded by Council Member Robbins. Carriedpublic input. Seconded by Council Member by the following vote: Yeas—Mayor Duggan,Voetberg. Carried by the following vote: Council Members Kluesner, Nicholson, Robbins,Yeas—Mayor Duggan, Council Members Voetberg. Nays—Council Member Krieg.Kluesner, Krieg, Nicholson, Robbins, Voetberg. Absent—Council Member Nagle.Absent—Council Member Nagle. Mayor Duggan requested public input 8:17 p.m. Council Recessed; 8:22 p.m. Councilregarding the Consolidated Plan for Housing and reconvened.Community Development 1995-2000. None being received, Mayor Duggan announced action Proof of Publication certified to by theon Resolution, No. 150-95, as amended, was Publisher on Notice of Public Hearing to considerapproved. Consolidated Plan for Housing & CommunityProof of Publication certified to by the Development Programs and CommunityPublisher on Notice of Public Hearing to consider Development Commission reporting on theamendment to current FY'95 Budget and findings of the Public Hearing held on 4-24-95communication of City Manager recommending concerning the Consolidated Plan for Housing andamendment as presented, presented and read. Community Development, presented and read.Council Member Krieg moved that the proof be Council Member Kluesner moved that proof bereceived and filed. Seconded by Council Member motion received and filed. Seconded by CouncilNicholson. Carried by the following vote: Member Voetberg. Carried by the following vote:Yeas—Mayor Duggan, Council Members Yeas—Mayor Duggan, Council MembersKluesner, Krieg, Nicholson, Robbins, Voetberg. Kluesner, Krieg, Nicholson, Robbins, Voetberg.Nays—None. Absent—Council Member Nagle. Nays—None. Absent—Council Member Nagle. RESOLUTION NO. 150-95 RESOLUTION ADOPTING THE CONSOLIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT 1995- 2000 Whereas, the U.S. Department of Housing and Urban Development requires each entitlement city to submit a Consolidated Plan for Housing and Community Development, including the proposed use of its Community Development Block Grant funds, at least 45 days prior to its program year; and Whereas, the City of Dubuque has, through a series of public meetings and hearings, finalized a Consolidated Plan addressing both housing and non-housing needs in the community; and Whereas, copies of the draft Consolidated Plan have been available for public comment 30 days prior to City Council action; and Whereas, the City's Community Development and Housing Commissions recommend adoption of this plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council adopt a Consolidated Plan for Housing and Community Development 1995-2000. Section 2. That the City Council authorizes the Mayor to sign the document on behalf of the City Council. Section 3. That the City Council directs staff to file the adopted Consolidated Plan with the U.S. Department of Housing and Urban Development by the submission deadline. Passed, approved and adopted this 1st day of May, 1995. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved to adopt, as amended, the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Regular Session, May 1, 1995 CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION To bt. Auoao d Dubuque Daum. bear The Cose.I d the card Dubuque n .ed downy(toumsa) mw on May 1 t 995 Id the place sod roar sat n the roam, . copy d .cad, tasnow,.W m• candor and . conked ., es pw^mon Upon taarc tp u,. swop:nod .mewdm.nt . rn c0rodered and taxpa.ce Were hard lea and man. lh. amandme,q The Cot..L a w Muin9 .F Mmq.n rah.; b be Nord and oanidertq the pawn.= mace oy zap, 9W,11. final oa.oertton to the prepm.d am.nmlert(.) to tM dud901 and molicaoora p.opw.d a the twann0. 1 ens. T..- .pat do Idiom/ nemeses. urn irpme.a RIDSOLUTICN Ma 151-95 A RESOLUTION AMENDING THE CURRENTkuDGET FOR THE RSCAL YEAR ENDING JUNE 30, 19_21, (AS AMENDED LAST ON , December 5 JJJ M R R.NWed by the Cade of the City d Dubuque bn: Suction T. Fom.nq race pr1f.n.d April 41 19 71 and the ImoG. hurry had MAY 1 19 9s the currant bagw In penraPy .merp.d) a .nwe.d-ace .w ase harm and In br O.ta. q amd 0'D. and Mum Ins wppan the teacareon .pen phi autada ed s that Manus: Teri ..eew ea Gate.r/ sr Last Amami. ta.,.r. A..odm.,l T.. Budd. tee Cs.,.. 4..,.w.,t REYaRR a 05NER Ii,1Aea0d10 SOURCE! T L on Prm.0y t 13,120,264 13,720,264 o..d Leas. U iet1ao Prouvey Tu.alew Year 2' 1 ( I 1 ) . Net Gam P,00.m Tun 7 11 777, .747 . ^. ?A3 D.unpAm Prpo9T' T.xtl a Tla Pave,. 5 541 'Cl ' ,., 1na Owe, DRY Ta,s 6 6 34 c .5zni 1,en,ea APt—, ) '•j1 7.6 n OtiO 1,. (IV M 1,„,0. A p'o..or ! 2 b44 dU Ci 3.s n+n. Inlereon,1, 9 15,n50 ,J 1,313,s3r 16,4i 3,7§� ehn^e,Serves, Io T 608i37 . 1`..705.' 11 Sowal Assessment, 11 E60 C00 660 000 Muc.unwu, 12 . 749 ab l78,J1J �qll '•-7.310 Oink F.+a•rna 5^ ^e, 13 T7 5 I) Tots] Rfvfnu!, E O(hfr Squrma td 76,16�,,.7_ 1,703,89D .a .173 164 EIV ENDRURES . OTKEA F94AKCWd 9SF1 Commons, Pmt.man (ode.. 6.. P.M fgnUnq. eteI 15 1.2 , 621 , 114 172,258 12,793,372 Kumasi Darts omen (n.mml.1ba.ts noeubn. we) 16 6,361,920 256,175 6,618,095 Korn. A Communay Errwonmem (QM... rem. wens. etc.) 17 62,853,939 2,410,767 65,264,706 Poky AAocuraaO" (mh4r =send tin* least etc I la, 3,816,103 15,000 3,231,103 1941 Est/v.119n. 19 85.653.076 2,5,4,400 .4.507,276 Less: Deb Stowe 2,7 4,633,121 4,633,121 Gandhi Pm.a, 21 39 16d,i,s ! 5� �3�p � .39&.�11 �',7�0. 7; Net Owr.nnq Exp.nonu,n 22 41 '+' _ � '�S � nsletl Sr Total 0soenan.reammp.r0 out 24 100,255, 03 2,854,200 'it2,ivy,o3! Esau a R. mac 4 Oo,., Soon., Over nlMa^F en+-•rsl,etiles re. x (23,489,329) (1.145,310) (24,635,139) Ilwlnnnq Fund !Warta July 1 25_ 339,979,26r 1,135,310 124,577 ,le?,338 Endinq Fund !Jena Jun. 30 27 16 .244 lip, It REASON: Amendment includes additional Community Development Block Grant funds, various orant funding2 reoairs related to hail storm, additional downtown TIF loan pool funding, and Dodge street sans Cary sewer work. 7.Fsdad 11119 -S,I dry e1A. a" 31....a4� �J w Goy Clark 4 -Mayer // 143 8 Regular Session, May 1, 1995 Council Member Krieg moved adoption of theAttest: Resolution. Seconded by Council MemberMary A. Davis, City Clerk Nicholson. Carried by the following vote:Council Member Voetberg moved adoption of Yeas—Mayor Duggan, Council Membersthe Resolution. Seconded by Council Member Kluesner, Krieg, Nicholson, Robbins, Voetberg.Nicholson. Carried by the following vote: Nays—None. Absent—Council Member Nagle.Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Proof of Publication certified to by theNays—None. Absent—Council Member Nagle. Publisher on Notice of Public Hearing to consider approval of utility easement for Ricky P. and JoyceProof of Publication certified to by the E. Donath and City Manager recommendingPublisher on Notice of hearing on plans and approval of utility easement as requested,specifications for construction of Cedar Cross presented and read. Council Member VoetbergSanitary Sewer Extension, presented and read. moved that the proof and communication beCouncil Member Krieg moved that the proof be received and filed. Seconded by Council Memberreceived and filed. Seconded by Council Member Nicholson. Carried by the following vote:Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council MembersYeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg.Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Nagle.Nays—None. Absent—Council Member Nagle. Rick Donath spoke requesting the easement. RESOLUTION NO. 153-95 RESOLUTION ADOPTING PLANS RESOLUTION NO. 152-95AND SPECIFICATIONS RESOLUTION APPROVING A UTILITYWhereas, on the 12th day of April, 1995, plans, specifications, form of contract and estimated cost EASEMENT ON PART OF LOT 130 OF LENNOX ADDITION FOR RICKY P.were filed with the City Clerk of Dubuque, Iowa DONATH AND JOYCE E. DONATHfor the Cedar Cross Sanitary Sewer Extension. Whereas, pursuant to resolution and publishedWhereas, notice of hearing on plans, notice of time and place of hearing, published inspecifications, form of contract, and estimated cost the Telegraph Herald, a newspaper of generalwas published as required by law. circulation published in the City of Dubuque, IowaNOW THEREFORE, BE IT RESOLVED BY on the 21st day of April, 1995, the City Council ofTHE CITY COUNCIL OF THE CITY OF the City of Dubuque, Iowa met on the 1st day ofDUBUQUE, IOWA: May, 1995, at 7:00 p.m. in the Public LibraryThat the said plans, specifications, form of Auditorium, 11th and Locust, Dubuque, Dubuquecontract and estimated cost are hereby approved as County, Iowa to consider the proposal for a grantthe plans, specifications, form of contract and perpetual utility easement across real estateestimated cost for said improvements for said described as:project. Lot 130 of Lennox Addition in the City ofPassed, adopted and approved this 1st day of Dubuque, IowaMay, 1995. Whereas, the City Council of the City ofTerrance M. Duggan, Mayor Dubuque, Iowa overruled any and all objections,Attest: oral or written, to the proposed to dispose ofMary A. Davis, City Clerk interest of the City of Dubuque, Iowa, in theCouncil Member Krieg moved adoption of the hereinabove described real estate to Ricky P.Resolution. Seconded by Council Member Donath and Joyce E. Donath.Nicholson. Carried by the following vote: NOW, THEREFORE, BE IT RESOLVED BYYeas—Mayor Duggan, Council Members THE CITY COUNCIL OF THE CITY OFKluesner, Krieg, Nicholson, Robbins, Voetberg. DUBUQUE, IOWA:Nays—None. Absent—Council Member Nagle. Section 1. That the disposal of the interest ofProof of Publication certified to by the the City of Dubuque, Dubuque County, Iowa inPublisher on Notice to Bidders of Receipt of Bids real property described as a perpetual utilityfor project and City Manager recommending to easement on part of Lot 130 of Lennox Addition inaward contract for project, presented and read. the City of Dubuque, Iowa to Ricky P. Donath andCouncil Member Krieg moved that the proof and Joyce E. Donath as shown on the plat prepared bycommunication be received and filed. Seconded IIW Engineers and Surveyors, P.C. be and theby Council Member Nicholson. Carried by the same is hereby approved.following vote: Yeas—Mayor Duggan, Council Section 2. That the Mayor be authorized andMembers Kluesner, Krieg, Nicholson, Robbins, directed to execute the Grant of Easement, and theVoetberg. Nays—None. Absent—Council City Clerk be and is hereby authorized andMember Nagle. directed to deliver said grant to the above named grantees, upon receipt of $198.00 plus publication RESOLUTION NO. 154-95 and filing fees from Ricky P. Donath and Joyce E.AWARDING CONTRACT Donath.Whereas, sealed proposals have been submitted Section 3. That the City Clerk be and is herebyby contractors for the Cedar Cross Road Sanitary authorized and directed to record a certified copySewer Extension pursuant to Resolution No. 148- of this resolution in the office of the City Assessor,95 and notice to bidders published in a newspaper Dubuque County Recorder and the Dubuquepublished in the City of Dubuque, Iowa on the County Auditor.20th day of April, 1995. Passed, approved and adopted this 1st day ofWhereas, said sealed proposals were opened May, 1995.and read on the 25th day of April, 1995 and it has Terrance M. Duggan, Mayorbeen determined that the bid of Horsfield Regular Session, May 1, 19959 Construction, Inc. of Epworth, Iowa in the amountWhereas, such property is proposed to be sold of $44,075.16 was the lowest bid for theto Habitat for Humanity in consideration for Nine furnishings of all labor and materials andThousand Five Hundred Dollars ($9,500.00); and performing the work as provided for in the plansWhereas, the City Council of the City of and specifications.Dubuque, Iowa, has overruled any and all NOW THEREFORE, BE IT RESOLVED BYobjections, oral and written, to the proposal to THE CITY COUNCIL OF THE CITY OFdispose of the interest of the City of Dubuque, in DUBUQUE, IOWA:there herein and above-named real estate to the That the contract for the above improvement beabove-named grantee. awarded to Horsfield Construction, Inc. and theNOW, THEREFORE, BE IT RESOLVED BY Manager be and is hereby directed to execute aTHE CITY COUNCIL OF THE CITY OF contract on behalf of the City of Dubuque for theDUBUQUE, IOWA: complete performance of the work.Section 1. That the disposal of the interest of BE IT FURTHER RESOLVED:the City of Dubuque in the above-described That upon the signing of said contract and theproperty to Habitat for Humanity is hereby approval of the contractor's bond, the Cityapproved. Treasurer is authorized and instructed to return theSection 2. That the Mayor be and he is hereby bid deposits of the unsuccessful bidders.authorized and directed to execute a Quit Claim Passed, approved and adopted this 1st day ofDeed, and that the City Clerk be and she is hereby May, 1995.directed and authorized to deliver such Deed, Terrance M. Duggan, Mayorconveying the above described real estate to the Attest:above-named grantee. Mary A. Davis, City ClerkPassed, approved and adopted this 1st day of Council Member Krieg moved adoption of theMay, 1995. Resolution. Seconded by Council MemberTerrance M. Duggan, Mayor Nicholson. Carried by the following vote:Attest: Yeas—Mayor Duggan, Council MembersMary A. Davis, City Clerk Kluesner, Krieg, Nicholson, Robbins, Voetberg.Council Member Robbins moved adoption of Nays—None. Absent—Council Member Nagle.the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Proof of Publication certified to by theYeas—Mayor Duggan, Council Members Publisher on Notice of Hearing to considerKluesner, Krieg, Nicholson, Robbins, Voetberg. disposing of City's interest in property located atNays—None. Absent—Council Member Nagle. 745 Davis Street and City Manager recommending to dispose of property, presented and read.Council Member Nagle advising of his Council Member Robbins moved that the proofresignation from Operation; New View Board of and communication be received and filed. Directors, and Council Member Robbins verbally Seconded by Council Member Voetberg. Carriedresigning from Four Mounds Board presented. by the following vote: Yeas—Mayor Duggan,Council Member Voetberg moved to accept the Council Members Kluesner, Krieg, Nicholson,resignations. Seconded by Council Member Robbins, Voetberg. Nays—None.Nicholson. Carried by the following vote: Absent—Council Member Nagle.Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. John Goodmann, Habitat for HumanityNays—None. Absent—Council Member Nagle. spokesperson, requested sale of this property to Habitat for Humanity. Council Member Voetberg then moved that it be resolved that Council Member Robbins be RESOLUTION NO. 155-95appointed to the Operation: New View Board and Council Member Nagle be appointed to the Four RESOLUTION APPROVING THE DISPOSAL OF CITY-OWNED PROPERTY,Mounds Board. Seconded by Council Member SPECIFICALLY, LOTS NINETY-FOURNicholson. Carried by the following vote: (94), NINETY-FIVE (95) AND NINETY-SIXYeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. (96) IN O'NEILL'S RIVERVIEW SUBDIVISION, IN THE CITY OFNays—None. Absent—Council Member Nagle. DUBUQUE, COUNTY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDEDCouncil representative appointment to Dubuque Main Street Ltd., (Currently Mayor PLAT THEREOF, ALSO KNOWN AS 745 DAVIS STREET TO HABITAT FORDuggan) — Council Member Voetberg moved HUMANITY.that Mayor Duggan be again appointed to this Whereas, pursuant to a notice, duly publishedBoard. Seconded by Council Member Nicholson. in the Telegraph Herald newspaper, the CityCarried by the following vote: Yeas—Mayor Council of Dubuque, Iowa, met on the 1st day ofDuggan, Council Members Kluesner, Krieg, May, 1995 at 7:00 p.m. in the Carnegie StoutNicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Nagle. Public Library Auditorium, 11th and Bluff Street, Dubuque, Iowa, to consider the proposal to dispose of City-owned real estate located at 745 DavisCouncil representative appointments to Greater Street which property is legally described asDubuque Development Corporation (G.D.D.C.) (Currently City Manager Van Milligen, Mayor follows: Lots Ninety-Four (94), Ninety-Five (95) andDuggan, Council Members Krieg and Nicholson) Ninety-Six (96) in O'Neill's Riverview Subdivision—— Council Member Voetberg moved that the in the City of Dubuque, County of Dubuque,same representatives be appointed. Seconded by Council Member Nicholson. Carried by the Iowa, according to the recorded plat thereof. following vote: Yeas—Mayor Duggan, Council 10 Regular Session, May 1, 1995 Members Kluesner, Krieg, Nicholson, Robbins,by the property owner of each Class I premises for Voetberg. Nays—None. Absent—Councilsuch services. Said fee shall be in payment for Member Nagle.collection and disposal of solid waste and recyclable materials as defined. Exceptions to the BOARDS AND COMMISSIONScollection charges for Class I premises are as follows: CABLE TELEPROGRAMMING COMMISSION — Three unexpired terms to(1)When a Class I premises has been vacant expire 6-30-95; One unexpired term to expire 6-for a period not less than three (3) 30-96; One unexpired term to expire 6-30-97.consecutive months, the owner may apply to the City Manager for a credit under Applicants: Karma Wanamaker. Council Member Voetberg moved that Karmaprocedures to be established by the City Wanamaker be appointed to the CableManager. Such credit shall continue only Teleprogramming Commission for a term to expireso long as the Class I premises is vacant. (2)Class I premises when the head of the 6-30-97. Seconded by Council Member Nicholson. Carried by the following vote:household is sixty five (65) years of age or Yeas—Mayor Duggan, Council Membersolder and has an annual income equal to Kluesner, Krieg, Nicholson, Robbins, Voetberg.or less than the income standards used by Nays—None. Absent—Council Member Nagle.HUD for its "Section Eight (8) Housing Program" for one and two (2) person City Manager submitting an ordinancehouseholds may, upon application to the City Manager, be exempted from one-half repealing portion of Section 40-37 of the Code of Ordinances and repealing Ordinance No. 15-95(1/2) the established collection charge. and requesting approval to award bid forAfter the initial application, annual contracted recycling services and authorizing theapplication shall be made by the head of household on July 1 of each year to verify City Manager to execute, presented and read. Council Member Voetberg moved that theannual income and eligibility. communication be received and filed. Seconded(3)In cases of extreme financial hardship, the by Council Member Robbins. Carried by theCity Manager may, and is hereby authorized and empowered to make following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins,adjustments in the monthly collection Voetberg. Nays—None. Absent—Councilcharges as the City Manager may deem appropriate. In such cases, the City Member Nagle. Manager shall have the authority to An Ordinance Repealing paragraph (a) ofrequire such proof of vacancy, financial Section 40-37 of the Code of Ordinancesstatus, age or extreme hardship as the City Manager may deem necessary. establishing charges for the collection and disposal of Solid Waste and Recyclable materials bySection 3. This ordinance shall take effect on changing the fee from $8.50 per dwelling unit perthe first day of July, 1995. month to $7.50, presented and read. Passed, approved and adopted this 1st day of May, 1995. (OFFICIAL PUBLICATION)Terrance M. Duggan, Mayor Attest: ORDINANCE NO. 28-95 Mary A. Davis, City Clerk AN ORDINANCE REPEALING ORDINANCE NO. 15-95 ANDPublished officially in the Telegraph Herald AMENDING THE CITY OF DUBUQUEnewspaper this 8th day of May, 1995. 1t 5/8Mary A. Davis, City Clerk CODE OF ORDINANCES BY REPEALING SECTION 40-37Council Member Voetberg moved that the PARAGRAPH (a) ESTABLISHINGrequirement that a proposed Ordinance be CHARGES FOR THE COLLECTIONconsidered and voted on for passage at two Council Meetings prior to the meeting at which it AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS ANDis to be finally passed be suspended. Seconded by ENACTING A NEW SECTION 40-37Council Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council PARAGRAPH (a) IN LIEU THEREOF Members Kluesner, Krieg, Nicholson, Robbins, ESTABLISHING CHARGES FOR THE COLLECTION AND DISPOSAL OFVoetberg. Nays—None. Absent—Council SOLID WASTE AND RECYCLABLEMember Nagle. Council Member Voetberg moved final MATERIALS CHANGING THE FEE FROM $8.50 PER DWELLING UNIT PERconsideration and passage of the Ordinance. MONTH TO $7.50.Seconded by Council Member Nicholson. Carried NOW, THEREFORE, BE IT ORDAINED BYby the following vote: Yeas—Mayor Duggan, THE CITY COUNCIL OF THE CITY OFCouncil Members Kluesner, Krieg, Nicholson, DUBUQUE, IOWA:Robbins, Voetberg. Nays—None. Section 1. Ordinance No. 15-95 is herebyAbsent—Council Member Nagle. repealed. Section 2. The City of Dubuque Code ofCity Manager recommending to apply for a Ordinances is hereby amended by repealing Sec.U.S. Department of Housing & Urban 40-37 paragraph (a) and enacting a new Sec. 40-Development Youthbuild Program Planning 37 paragraph (a) in lieu thereof as follows:Grant, presented and read. Council Member Krieg Sec. 40-37. Charges-Amounts: exceptions.moved that the communication be received and (a)Class I premises. Except as qualifiedfiled. Seconded by Council Member Nicholson. below, a fee of seven dollars fifty cents ($7.50) perCarried by the following vote: Yeas—Mayor dwelling unit per month shall be paid to the CityDuggan, Council Members Kluesner, Krieg, Regular Session, May 1, 199511 Nicholson, Robbins, Voetberg. Nays—None.Whereas, contracts for programs under the Absent—Council Member Nagle.consolidated Annual Contributions Contract for Housing Vouchers are being re-consolidated by the RESOLUTION NO. 156-95 Department of Housing and Urban Development; and A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATIONWhereas, the Department requires execution of TO HUD FOR YOUTHBUILD PROGRAMan amended contract for the City's continuous administration of these funds. FUNDING. Whereas, the City of Dubuque recognizes theNOW, THEREFORE, BE IT RESOLVED BY need for provision of training and services toTHE CITY COUNCIL OF THE CITY OF young persons who have dropped out of theDUBUQUE, IOWA: schools system; andSection 1. That the Mayor of the City of Whereas, enabling these young persons toDubuque be and he is hereby authorized and participate in a program providing alternativedirected to execute an amended Annual education, leadership training and on-site jobContributions Contract, with the U.S. Department training is a proven model for re-integrating themof Housing and Urban Development, for Projects into society as productive citizens; andNo. IA05-VO87-005/019, under Master Annual Whereas, an established network of humanContributions Contract No. KC-9004E, on behalf service agencies exists in Dubuque and is willingof the City of Dubuque. to work with the City to co-sponsor such aSection 2. This resolution shall take effect program of education and training; andimmediately. Whereas, the Department of Housing andPassed, approved and adopted this 1st day of Urban Development (HUD) has made availableMay, 1995. funding to undertake such activities, under theTerrance M. Duggan, Mayor Youthbuild Program.Attest: NOW, THEREFORE, BE IT RESOLVED BYMary A. Davis, City Clerk THE CITY COUNCIL OF DUBUQUE, IOWA:Council Member Voetberg moved adoption of Section 1. That the Mayor is authorized andthe Resolution. Seconded by Council Member directed to execute an application to the Dept. ofNicholson. Carried by the following vote: Housing and Urban Development for participationYeas—Mayor Duggan, Council Members in the Youthbuild Program.Kluesner, Krieg, Nicholson, Robbins, Voetberg. Section 2. The City of Dubuque HousingNays—None. Absent—Council Member Nagle. Commission has conducted the necessary public hearing regarding this application in accordance RESOLUTION NO. 158-95 with requirements of Chapter 403.A.28 of the RESOLUTION AUTHORIZING Code of Iowa, to review and/or approve or suggestEXECUTION OF AN AMENDED ANNUAL modifications of the plans for program design andCONTRIBUTIONS CONTRACT FOR administration of this proposed program. SECTION 8 EXISTING HOUSING Section 3. The City Manager is herebyCERTIFICATES, PROGRAMS NO. IA05- authorized and directed to forward said applicationEO87-005/017. and resulting standard executed contract to theWhereas, contracts for programs under the respective agencies in a timely fashion and asconsolidated Annual Contributions Contract for required by the Department of Housing and UrbanExisting Housing Certificates are being Development.reconsolidated by the Department of Housing and Passed, approved and adopted this 1st day ofUrban Development, and May, 1995.Whereas, the Department requires execution of Terrance M. Duggan, Mayoran amended contract for the City's continuous Attest:administration of these funds. Mary A. Davis, City ClerkNOW, THEREFORE, BE IT RESOLVED BY Council Member Krieg moved adoption of theTHE CITY COUNCIL OF THE CITY OF Resolution. Seconded by Council MemberDUBUQUE, IOWA: Nicholson. Carried by the following vote:Section 1. That the Mayor of the City of Yeas—Mayor Duggan, Council MembersDubuque be and he is hereby authorized and Kluesner, Krieg, Nicholson, Robbins, Voetberg.directed to execute an amended Annual Nays—None. Absent—Council Member Nagle.Contributions Contract, with the U.S. Department of Housing and Urban Development, for Projects City Manager recommending renewal ofNo. IA05-EO87-005/017, under Master Annual existing Section 8 Housing Program AgreementsContributions Contract No. KC-9004E, on behalf with HUD, presented and read. Council Memberof the City of Dubuque. Voetberg moved that the communication beSection 2. This resolution shall take effect received and filed. Seconded by Council Memberimmediately. Nicholson. Carried by the following vote:Passed, approved and adopted this 1st day of Yeas—Mayor Duggan, Council MembersMay, 1995. Kluesner, Krieg, Nicholson, Robbins, Voetberg.Terrance M. Duggan, Mayor Nays—None. Absent—Council Member Nagle.Attest: Mary A. Davis, City Clerk RESOLUTION NO. 157-95Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED ANNUALNicholson. Carried by the following vote: CONTRIBUTIONS CONTRACT FORYeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. SECTION 8 HOUSING VOUCHERS, Nays—None. Absent—Council Member Nagle. PROGRAMS NO. IA05-VO87-005/019 12 Regular Session, May 1, 1995 City Manager requesting to seek Request Forpossible to offer this property for development as Proposals (RFP) to dispose of property located atset forth herein. 16th St. & Kerper Blvd., presented and read.NOW, THEREFORE, BE IT RESOLVED BY Council Member Kluesner moved that theTHE CITY COUNCIL OF THE CITY OF communication be received and filed. SecondedDUBUQUE, IOWA: by Council Member Nicholson. Carried by theSection 1. That the following described following vote: Yeas—Mayor Duggan, Councilproperty shall be offered for lease or sale and Members Kluesner, Krieg, Nicholson, Voetberg.development in accordance with the terms and Nays—Council Member Robbins.conditions contained in this Resolution, to wit: Absent—Council Member Nagle.Lot 1 Riverfront Subdivision No. 4, City of Dubuque RESOLUTION NO. 159-95Less that area sold to the State of Iowa RESOLUTION (1) APPROVING THEdescribed as follows: Bounded on the northwest and west by the MINIMUM REQUIREMENTS, COMPETITIVE CRITERIA, OFFERINGrespective northwest and west lines of Lot 1, DOCUMENTS AND PROCEDURES FORRiverfront Subdivision No. 4, City of Dubuque, Iowa; and on the southeast by a line beginning at DISPOSITION OF CITY PROPERTY LOCATED AT SIXTEENTH STREET ANDa point 24.6 feet distant southerly from KERPER BOULEVARD AND (2)northwesterly corner of said Lot 1 on the west line SOLICITING PROPOSALSthereof; thence northeasterly to a point 54.6 feet Whereas, the City of Dubuque, Iowa, is thedistant northeasterly from said northwesterly owner of approximately 2.5 acres of land locatedcorner, on the northwest line of said Lot 1; at the northwest corner of Sixteenth Street andcontaining 649 square feet, more or less. Kerper Boulevard which land is legally describedSection 2. That the recommended disposition hereinafter; andprice of the property shall be $242,000 for Whereas, the City has received inquiries aboutpurchase which is as recommended in an August acquisition of said property for the development of24, 1993 appraisal report prepared by the firm of commercial or industrial uses; andCarlson, McClure and McWilliams, Inc. of Des Whereas, in order to establish procedures forMoines, Iowa. The recommended lease rate shall disposition of the property in accordance with thebe $24,200 per year for the first five years of a statutory requirements of Chapter 364, Code oflong-term lease. The actual disposition price shall Iowa, 1993, particularly Section 364.7 and tobe as approved by the City Council following assure that the City extends a full and fairreceipt and review of proposals for lease or sale opportunity to all developers interested inand development. submitting a proposal, a summary of submissionSection 3. That the City shall rebate up to requirements and minimum requirements and$72,000 of the actual disposition price or $7,200 competitive criteria for the property offering hasper year of lease rate in accordance with the been prepared and is attached hereto as Exhibitfollowing: "A" and by this reference is made a part hereof,(a) Rebate to be calculated at $2,000 for each which sets out the minimum requirements eachnew, full-time job created within two years of proposal must satisfy in order to qualify forcompletion of building; consideration with respect to the competitive(b) Jobs must pay not less than $9.00 per hour criteria, the information and documents whichto be counted; and must be submitted, and the schedule for(c) Rebate to be paid two years after submission and selection procedures; andcompletion of the building and upon verifica- Whereas, to give full and fair opportunity totion of actual job creation. developers interested in submitting proposals forSection 4. That it is hereby determined that in lease or sale and development of the property, thisorder to qualify for consideration for selection each Council should by this Resolution:Developer must submit a proposal which meets 1.Set the disposition price for the property;these minimum requirements: 2.Approve the guidelines for submission of(a) Contains an agreement to lease or buy the proposals for the lease or purchase andproperty; development of the property and the minimum(b) Is for the development of the property for requirements and competitive criteria attachedindustrial or commercial use; hereto as Exhibit "A";(c) Includes a construction schedule in which 3.Set a date for receipt of proposals and thethe construction of a principal building is opening thereof and provide for review of suchcommenced within twelve (12) months and is proposals with recommendations to thissubstantially complete within eighteen (18) Council in accordance with establishedmonths of the date of sale or lease; procedures;(d)Includes the written commitment of the 4.Approve and direct publication of a notice toDeveloper to establish covenants or other advise any would be developers of thelegally binding instruments on the development opportunity to compete for lease or purchase ofand operation of the Property which limit all the property for development on the terms andfree-standing signs to a maximum of twenty- conditions set out above;five (25) feet in height; restrict all outside 5.Declare that in the event a qualified proposal isstorage to appropriately screened areas only; timely submitted and accepted, another andand require long-term, continuous maintenance future notice will be published on the intent ofof property appearance; the City to enter into the resulting lease or sale(e) Includes a written commitment for contract, as required by law; andpermanent financing or provides through other Whereas, this Council believes it is in the bestmeans acceptable to the City similar interest of the City to act as expeditiously asdemonstrative evidence of the financial Regular Session, May 1, 199513 capacity of the developer to timely commenceSection 9. That the required documents for the and complete the proposed developmentsubmission of a proposal shall be in substantial activities;conformity with the provisions of this Resolution. (f) Includes the written commitment of theSection 10. That the City Clerk is hereby Developer to submit all site plans, buildingnominated and appointed as the agent of the City elevations and exterior building materials to theof Dubuque, Iowa, to receive proposals for the City Council for approval; (g) Sets out orlease or sale of the property from the City Manager provides through other means acceptable to theor his designated staff member at the date and City the Developer's experience in workingaccording to the procedure hereinabove specified with other development projects and withfor receipt of such proposals and to proceed at such construction; andtime to formally acknowledge receipt of each of (h) Sets out or provides through other meanssuch proposals by noting the receipt of same in the acceptable to the City the experience of theMinutes of the Council; that the City Manager is principals and key staff who are directlyhereby authorized and directed to make engaged in performance of contract obligationspreliminary analysis of each such proposal for in carrying out projects of similar scale andcompliance with the minimum requirements character.established by this Council hereinabove. For each Section 5. That it is hereby determined thatproposal which satisfies these requirements, the each proposal which satisfies the minimumCouncil shall judge the strength of the proposal by requirements as determined by the City, shall bethe competitive criteria established hereinabove. reviewed on the basis of the strength of suchThe Council shall then make the final evaluation proposal as judged by the following competitiveand selection of the proposals. criteria:Section 11. That in the event a qualified (a) Quality of the proposalproposal is timely submitted and accepted by the (1)The overall cost and total cost of elementsCity, another and further notice shall be published of the project;of the intent of the City of Dubuque, Iowa, to enter (2)The types of materials shown forinto the resulting contract for lease or sale, as construction of the structure; andrequired by law. (3)Overall project amenities.Section 12. That this resolution authorizes a (b) Architectural design of the proposedrequest for proposals only and not an offer for sale. developmentThe City Council reserves the right to reject any or (1)Compatibility of the design withall proposals for any reason it determines to be in surrounding structures, vistas, pedestrianthe best interest of the City. traffic, vehicular activities and futurePassed, approved and adopted this 1st day of development of adjacent property;May, 1995. (2)The functional design of the site, structureTerrance M. Duggan, Mayor and all public spaces; andAttest: (3)The aesthetic quality of the development.Mary A. Davis, City Clerk (c) Economic feasibility of the proposedCouncil Member Kluesner moved to amend the developmentResolution stating a recommended price and (1)The economic return to the communityallowing them to reserve the right to reject the bids. provided by the proposed developmentSeconded by Council Member Nicholson. Carried including, but not limited to, the propertyby the following vote: Yeas—Mayor Duggan, and sales tax generated, the number ofCouncil Members Kluesner, Krieg, Nicholson, jobs provided and the encouragement ofVoetberg. Nays—Council Member Robbins. similar and related development in theAbsent—Council Member Nagle. area; andCouncil Member Kluesner moved to adopt the (2)The ability of the prospective developer toResolution, as amended. Seconded by Council finance and complete the project asMember Nicholson. Carried by the following vote: proposed.Yeas—Mayor Duggan, Council Members Section 6. That the official notice of thisKluesner, Krieg, Nicholson, Robbins, Voetberg. offering of the City shall be a true copy of thisAbsent—Council Member Nagle. Resolution, but without the attachments referred to herein.City Manager requesting approval of agreement Section 7. That the City Clerk is authorizedwith Thunderfest for event to be held August 18- and directed to secure immediate publication of20 and authorize City Manager to execute, said official notice in the Telegraph Herald, apresented and read. Council Member Kluesner newspaper having a general circulation in themoved that the communication be received and community, by publication of the text of thisfiled and approved agreement. Seconded by Resolution on or before the fifth day of May, 1995.Council Member Nicholson. Carried by the Section 8. That written proposals for the leasefollowing vote: Yeas—Mayor Duggan, Council or sale and development of the property will beMembers Kluesner, Krieg, Nicholson, Robbins, received by the City Manager or his designatedVoetberg. Nays—None. Absent—Council staff member at or before 10:00 a.m., June 15,Member Nagle. 1995. Said proposals will be received in the office of the City Clerk, located on the first floor at CityThunderfest '95 festival organizers requesting Hall, Dubuque, Iowa 52001. Each proposal willfireworks display at 10:30 p.m. on August 20th at be opened at the hour of 10:00 a.m. in City Hall,Hawthorne St. Extension, presented and read. Dubuque, Iowa on June 15, 1995. Said proposalsCouncil Member Kluesner moved that the request will then be presented to the City Council at 7:00be approved subject to implementation by City p.m., June 19, 1995, at a meeting to be held in theManager. Seconded by Council Member Auditorium of the Carnegie Stout Public Library,Nicholson. Carried by the following vote: Dubuque, Iowa.Yeas—Mayor Duggan, Council Members 14 Regular Session, May 1, 1995 Kluesner, Krieg, Nicholson, Robbins, Voetberg.following vote: Yeas—Mayor Duggan, Council Nays—None. Absent—Council Member Nagle.Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council City Manager recommending negotiating of aMember Nagle. 28E Intergovernmental Agreement with IDOT regarding the Southwest Arterial, presented and RESOLUTION NO. 161-95 read. Council Member Krieg moved that theRESOLUTION APPROVING THE FINAL communication be received and filed andPLAT OF TWIN RIDGE SUBDIVISION NO. Agreement approved. Seconded by Council4 IN DUBUQUE COUNTY, IOWA. Member Nicholson. Carried by the following vote:Whereas, there has been filed with the City Yeas—Mayor Duggan, Council MembersClerk a final plat of Twin Ridge Subdivision No. Kluesner, Krieg, Nicholson, Robbins, Voetberg.4 in Dubuque County, Iowa; and Nays—None. Absent—Council Member Nagle.Whereas, upon said final plat appears a street to be known as Janelle Court; and Proof of Publication certified to by theWhereas, the preliminary plat has been Publisher on Notice to Bidders of the Receipt ofapproved by the City Zoning Commission, waiving Bids for Construction of 1995 P.C. ConcreteArticle IV, Design and Improvement Standards of Paving Project and City Manager recommendingthe Subdivision Regulations, except for Section to award contract for project, presented and read.42-19; and Council Member Voetberg moved that the proofWhereas, said final plat has been reviewed by and communication be received and filed.the City Planner and had her approval endorsed Seconded by Council Member Robbins. Carriedthereon; and by the following vote: Yeas—Mayor Duggan,Whereas, said final plat has been examined by Council Members Kluesner, Krieg, Nicholson,the City Council and they find that it conforms to Robbins, Voetberg. Nays—None.the statutes and ordinances relating to it, except Absent—Council Member Nagle.that no streets or utilities have yet been constructed or installed; and Whereas, the City Council concurs in the RESOLUTION NO. 160-95 conditions of approval established by the Zoning AWARDING CONTRACT Whereas, sealed proposals have been submittedCommission and the City Planner. by contractors for the 1995 P.C. Concrete PavingNOW THEREFORE, BE IT RESOLVED BY Project pursuant to Resolution No. 108-95 andTHE CITY COUNCIL OF THE CITY OF notice to bidders published in a newspaperDUBUQUE, IOWA: published in the City of Dubuque, Iowa on theSection 1. That the final plat of Twin Ridge 16th day of March, 1995.Subdivision in Dubuque County, Iowa is hereby Whereas, said sealed proposals were openedapproved and the Mayor and City Clerk are hereby and read on the 20th day of April, 1995 and it hasauthorized and directed to endorse the approval of been determined that the bid of Sproulethe City of Dubuque, Iowa, upon said final plat. Construction of Galena, Illinois in the amount ofSection 2. That the City Council hereby waives $650,534.12 was the lowest bid for the furnishingsArticle IV of the Subdivision Regulations, except of all labor and materials and performing the workfor Section 42-19. as provided for in the plans and specifications.Section 3. That in the event the owners shall NOW THEREFORE, BE IT RESOLVED BYfail to execute the acceptance within 45 days after THE CITY COUNCIL OF THE CITY OFthe date of this Resolution, the provisions hereof DUBUQUE, IOWA:shall be null and void and the acceptance and That the contract for the above improvement beapproval of the plat shall not be effective. awarded to Sproule Construction and the ManagerPassed, approved and adopted this 1st day of be and is hereby directed to execute a contract onMay, 1995. behalf of the City of Dubuque for the completeTerrance M. Duggan, Mayor performance of the work.Attest: BE IT FURTHER RESOLVED:Mary A. Davis, City Clerk That upon the signing of said contract and theACCEPTANCE OF RESOLUTION approval of the contractor's bond, the CityNO. 161-95 Treasurer is authorized and instructed to return theI, the undersigned, Raymond Mueller, having bid deposits of the unsuccessful bidders.read the terms and conditions of the Resolution Passed, approved and adopted this 1st day ofNo. 161-95 and being familiar with the conditions May, 1995.thereof, hereby accept this same and agree to the Terrance M. Duggan, Mayorconditions required therein. Attest:Dated in Dubuque, Iowa this 2nd day of May, Mary A. Davis, City Clerk1995. Council Member Voetberg moved adoption ofBy /s/ Raymond Mueller the Resolution. Seconded by Council MemberCouncil Member Krieg moved adoption of the Robbins. Carried by the following vote:Resolution. Seconded by Council Member Yeas—Mayor Duggan, Council MembersVoetberg. Carried by the following vote: Kluesner, Krieg, Nicholson, Robbins, Voetberg.Yeas—Mayor Duggan, Council Members Nays—None. Absent—Council Member Nagle.Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Nagle. City Manager recommending approval of final plat of Twin Ridge Subdivision No. 4, presented RESOLUTION NO. 162-95 and read. Council Member Krieg moved that theNOW, THEREFORE, BE IT RESOLVED BY communication be received and filed. SecondedTHE CITY COUNCIL OF THE CITY OF by Council Member Voetberg. Carried by theDUBUQUE, IOWA: Regular Session, May 1, 199515 That the following having complied with the500 E 4th St provisions of law relating to the saleDonna GinterSpecial Event of Cigarettes within the City of Dubuque, Iowa, be-Dubuque Fest granted a permit to sell Cigarettes and Cigarette7th & Main Under Town Clock Papers within said City.CLASS "C" BEER PERMIT Dubuque Greyhound Park & CasinoDubuque Yacht Basin, Inc. Dubuque Greyhound ParkDubuque Yacht Basin, Inc. 1855 Greyhound Park Dr1630 E. 16th P.O.P.'s GasHoliday Oil Distr.IncMcCann's Service Inc.McCann's Service Inc. 1401 Central Ave690 W Locust P.O.P.'s GasHoliday Oil Distr. IncPassed, approved and adopted this 1st day of 1685 JFK RdMay,1995 IOCO Speede ShoppeIowa Oil CompanyTerrance M. Duggan, Mayor 3200 Central AveAttest: IOCO Speede ShoppeIowa Oil CompanyMary A Davis, City Clerk 2150 Twin Valley DrCouncil Member Kluesner moved adoption of IOCO Speede ShoppeIowa Oil Companythe Resolution. Seconded by Council Member 3250 Dodge StNicholson. Carried by the following vote: IOCO Speede ShoppeIowa Oil CompanyYeas—Mayor Duggan, Council Members 1998 Jackson StKluesner, Krieg, Nicholson, Robbins, Voetberg. IOCO Speede ShoppeIowa Oil CompanyNays—None. Absent—Council Member Nagle. 2335 University Ave Instant ReplayInstant Replay Inc. RESOLUTION NO. 164-95 1602 Central AveWhereas, applications for Liquor Licenses have Knickers SaloonCurtis Gerhardbeen submitted to this Council for 2186 Central Aveapproval and the same have been examined and KmartKmart Inc.approved; and 600 Dodge StWhereas, the premises to be occupied by such McCann's IOCOMcCann's Service Inc.applicants were inspected and found to 690 W Locustcomply with the State Laws and all City Miracle Car Wash Inc.Ron PothoffOrdinances relevant thereto and they have filed 3199 University Aveproper bonds. Riverside BowlRiverside Bowl Inc.NOW, THEREFORE, BE IT RESOLVED BY 1860 Hawthorne DrTHE CITY COUNCIL OF THE CITY OF Sid's Beverage Sid's Beverage Inc.DUBUQUE, IOWA: 2727 Dodge StThat the Manager be authorized to cause to be TargetDayton Hudson Inc.issued the following named applicants 3500 Dodge Sta Liquor License. Walnut TapCraig J. WeinerCLASS"C" (COMMERCIAL) 709 University AveLIQUOR LICENSES YardarmThe Yardarm Inc.Patricia BroesselCorner Tap 1201 Shiras Ext.+(Sunday Sales)2093 Washington St Passed, approved and adopted this 1st day ofG & J. Inc.Windsor Tap May, 1995.+(Sunday Sales)2401 Windsor Ave Terrance M. Duggan, MayorLaredo's Inc.Laredo's Restr Attest:+(Sunday & Outdoor Sales) Mary A. Davis, City Clerk225 W. 6th St Council Member Kluesner moved adoption of the Resolution. Seconded by Council MemberChi-Chi's Mexican Inc. Nicholson. Carried by the following vote:Chi-Chi's Mexican Restr. Yeas—Mayor Duggan, Council Members(1 day Outdoor Service) Kluesner, Krieg, Nicholson, Robbins, Voetberg.800 Wacker Plaza Nays—None. Absent—Council Member Nagle.Passed, approved and adopted this 1st day of May, 1995. RESOLUTION NO. 163-95Terrance M. Duggan, Mayor Whereas, applications for Beer Permits haveAttest: been submitted and filed to this Council forMary A. Davis, City Clerk approval and the same have been examined andCouncil Member Kluesner moved adoption of approved; and the Resolution. Seconded by Council Member Whereas, the premises to be occupied by suchNicholson. Carried by the following vote: applicants were inspected and found to complyYeas—Mayor Duggan, Council Members with the Ordinances of this City and have filedKluesner, Krieg, Nicholson, Robbins, Voetberg. proper bonds.Nays—None. Absent—Council Member Nagle. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFCity Manager recommending to dispose of DUBUQUE, IOWA:property located in Cooper Heights as requested by That the Manager be authorized to cause to beThomas Hamel, presented and read. Council issued the following named applicants a BeerMember Voetberg moved that the communication Permit.be received and filed. Seconded by Council CLASS "B" BEER PERMITMember Nicholson. Carried by the following vote: Dubuque Brewing & BottlingYeas—Mayor Duggan, Council Members Dubuque Brew PubKluesner, Krieg, Nicholson, Robbins, Voetberg. +(Sunday & Outdoor Serv.)Nays—None. Absent—Council Member Nagle. 16 Regular Session, May 1, 1995 RESOLUTION NO. 165-95Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members RESOLUTION OF INTENT TO DISPOSE Kluesner, Krieg, Nicholson, Robbins, Voetberg. OF INTEREST IN THE NORTH ONE HALF OF LOT 39 OF COOPER HEIGHTS IN THENays—None. Absent—Council Member Nagle. CITY OF DUBUQUE TO THOMAS J. HAMELRESOLUTION NO. 167-95 Whereas, the City of Dubuque is the currentFIXING DATE OF HEARING ON owner of the north one half of Lot 39 of CooperPLANS AND SPECIFICATIONS Heights in the City of Dubuque, Iowa; andWhereas, the City Council of the City of Whereas, the adjacent property owners,Dubuque, Iowa has given its preliminary approval Thomas J. Hamel has petitioned to purchase saidon the proposed plans, specifications, and form of property from the City of Dubuque.contract and placed same on file in the office of the NOW, THEREFORE, BE IT RESOLVED BYCity Clerk for public inspection of the East 20th THE CITY COUNCIL OF THE CITY OFStreet - Rhomberg Avenue Asphalt Resurfacing DUBUQUE, IOWA:Project. Section 1. That the City of Dubuque, IowaNOW THEREFORE, BE IT RESOLVED BY intends to dispose of its interest in the north oneTHE CITY COUNCIL OF THE CITY OF half of Lot 39 of Cooper Heights to Thomas J.DUBUQUE, IOWA: Hamel, T.T.E.E.That on the 5th day of June, 1995, a public Section 2. That the conveyance of the City'shearing will be held at 7:00 p.m. in the Public interest shall be for the sum of $1,397.00 plusLibrary Auditorium at which time interested publication and filing fees.persons may appear and be heard for or against the Section 3. That the City Clerk be and is herebyproposed plans and specifications, form of contract authorized and directed to cause a notice to beand cost of said improvement, and the City Clerk published as prescribed under Section 364.7be and is hereby directed to cause a notice of time Disposal of Property, Code of Iowa, 1989 or asand place of such hearing to be published in a amended.newspaper having general circulation in the City of Passed, approved and adopted this 1st day ofDubuque, Iowa, which notice shall be not less than May, 1995.four days nor more than twenty days prior to the Terrance M. Duggan, Mayorday fixed for its consideration. At the hearing, any Attest:interested person may appear and file objections to Mary A. Davis, City Clerkthe proposed plans, specifications, contract, or Council Member Voetberg moved adoption ofestimated cost of the improvement. the Resolution and set the matter for PublicPassed, adopted and approved this 1st day of Hearing on 5-15-95 at 7:00 p.m. in the PublicMay, 1995. Library Auditorium and direct the City Clerk toTerrance M. Duggan, Mayor publish notice in the manner prescribed by law.Attest: Seconded by Council Member Nicholson. CarriedMary A. Davis, City Clerk by the following vote: Yeas—Mayor Duggan,Council Member Voetberg moved adoption of Council Members Kluesner, Krieg, Nicholson,the Resolution. Seconded by Council Member Robbins, Voetberg. Nays—None.Robbins. Carried by the following vote: Absent—Council Member Nagle.Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. City Manager submitting documents providingNays—None. Absent—Council Member Nagle. for East 20th Street - Rhomberg Avenue Asphalt Resurfacing Project, presented and read. CouncilRESOLUTION NO. 168-95 Member Voetberg moved that the communication RESOLUTION OF NECESSITY be received and filed. Seconded by CouncilWhereas, proposed plans have been duly Member Robbins. Carried by the following vote:prepared and approved by the City Council of the Yeas—Mayor Duggan, Council MembersCity of Dubuque and are now on file in the office Kluesner, Krieg, Nicholson, Robbins, Voetberg.of City Clerk showing among other things the Nays—None. Absent—Council Member Nagle.plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot RESOLUTION NO. 166-95 PRELIMINARY APPROVAL OFand the valuation of each lot as filed by the City PLANS AND SPECIFICATIONSCouncil, for the East 20th Street - Rhomberg NOW THEREFORE, BE IT RESOLVED BYAvenue Asphalt Resurfacing Project. THE CITY COUNCIL OF THE CITY OFNOW THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA:THE CITY COUNCIL OF THE CITY OF That the proposed plans, specifications, form ofDUBUQUE, IOWA: contract and estimated cost for the East 20th StreetThat the City Council deems it advisable and - Rhomberg Avenue Asphalt Resurfacing Project,necessary for the public welfare to make the herein in the estimated amount of $1,361,235.83, arementioned improvements, and unless property hereby approved and ordered filed in the office ofowners at the time of the final consideration of this the City Clerk for public inspection.proposed resolution have on file with the City Passed, adopted and approved this 1st day ofClerk objections to the resolution of necessity, they May, 1995.shall be deemed to have waived all objections Terrance M. Duggan, Mayorpertaining to the regularity of the proceeding and Attest:the legality of using the special assessment Mary A. Davis, City Clerkprocedure. Council Member Voetberg moved adoption ofSaid improvements shall be constructed and the Resolution. Seconded by Council Memberdone in accordance with the plans and Regular Session, May 1, 199517 specifications which have been approved by theCouncil Member Voetberg moved adoption of City Council and now on file with the City Clerk.the Resolution. Seconded by Council Member That the cost and expense of making suchRobbins. Carried by the following vote: improvement will be assessed partially or totallyYeas—Mayor Duggan, Council Members against privately owned property lying with theKluesner, Krieg, Nicholson, Robbins, Voetberg. assessment limits, and in an amount not to exceedNays—None. Absent—Council Member Nagle. that provided by law, and in proportion to the special benefits conferred. RESOLUTION NO. 170-95 The portion of the cost which shall be borne by RESOLUTION APPROVING the City will be paid from General Obligation PRELIMINARY SCHEDULE OF Bonds, and special assessment bonds may beASSESSMENTS issued in anticipation of deferred payments ofNOW THEREFORE, BE IT RESOLVED BY assessments when a contract has been performedTHE CITY COUNCIL OF THE CITY OF and accepted, and the proceeds thereof used to payDUBUQUE, IOWA: the contractor.That the attached sheets, 1 to 4 inclusive, are The above resolution was introduced, approvedhereby determined to be the schedule of proposed and ordered placed on file with the City Clerk thisassessments for the East 20th Street - Rhomberg 1st day of May, 1995.Avenue Asphalt Resurfacing Project and the Approved and placed on file for final action.valuations set out herein are hereby approved. Terrance M. Duggan, MayorPassed, approved and adopted this 1st day of Attest:May, 1995. Mary A. Davis, City ClerkTerrance M. Duggan, Mayor Council Member Voetberg moved adoption ofAttest: the Resolution. Seconded by Council MemberMary A. Davis, City Clerk Robbins. Carried by the following vote:Council Member Voetberg moved adoption of Yeas—Mayor Duggan, Council Membersthe Resolution. Seconded by Council Member Kluesner, Krieg, Nicholson, Robbins, Voetberg.Robbins. Carried by the following vote: Nays—None. Absent—Council Member Nagle.Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. RESOLUTION NO. 169-95Nays—None. Absent—Council Member Nagle. FIXING DATE OF HEARING ON RESOLUTION OF NECESSITYCity Manager submitting documents providing Whereas, the City Council of the City offor constructing Walnut Street Retaining Wall, Dubuque, Iowa, has given its preliminary approvalpresented and read. Council Member Voetberg on the proposed plans, specifications and form ofmoved that the communication be received and contract and placed same on file in the office of thefiled. Seconded by Council Member Nicholson. City Clerk for public inspection, for the East 20thCarried by the following vote: Yeas—Mayor Street - Rhomberg Avenue Asphalt ResurfacingDuggan, Council Members Kluesner, Krieg, Project, and,Nicholson, Robbins, Voetberg. Nays—None. Whereas, the proposed Resolution of NecessityAbsent—Council Member Nagle. for said improvement has been introduced and is now on file in the City Clerk's office for public RESOLUTION NO. 171-95 inspection.PRELIMINARY APPROVAL OF NOW THEREFORE, BE IT RESOLVED BYPLANS AND SPECIFICATIONS THE CITY COUNCIL OF THE CITY OFNOW THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA:THE CITY COUNCIL OF THE CITY OF That on the 5th day of June, 1995, a publicDUBUQUE, IOWA: hearing will be held at 7:00 o'clock p.m. in theThat the proposed plans, specifications, form of Public Library Auditorium in the City of Dubuquecontract and estimated cost for the Walnut Street at which time the owners of property subject toRetaining Wall, in the estimated amount of assessment for the proposed improvement or any$62,440.40, are hereby approved and ordered filed other person having an interest in the matter mayin the office of the City Clerk for public inspection. appear and be heard for or against the making ofPassed, adopted and approved this 1st day of the improvement, the boundaries of the district, theMay, 1995. cost, the assessment against any lot, or the finalTerrance M. Duggan, Mayor adoption of a resolution of necessity and the CityAttest: Clerk be and is hereby authorized and directed toMary A. Davis, City Clerk cause a notice of time and place of such hearing toCouncil Member Voetberg moved adoption of be published in a newspaper having generalthe Resolution. Seconded by Council Member circulation in the City of Dubuque, Iowa, whichNicholson. Carried by the following vote: notice shall be published once each week for twoYeas—Mayor Duggan, Council Members consecutive weeks, the first publication of whichKluesner, Krieg, Nicholson, Robbins, Voetberg. shall be not less than ten days prior to the day fixedNays—None. Absent—Council Member Nagle. for its consideration. Unless property owners at the time of the final consideration of this proposedRESOLUTION NO. 172-95 resolution have on file with the City ClerkFIXING DATE OF HEARING objections to the Resolution of Necessity they shallON PLANS AND SPECIFICATIONS be deemed to have waived all objections thereto.Whereas, the City Council of the City of Passed, adopted and approved this 1st day ofDubuque, Iowa has given its preliminary approval May, 1995.on the proposed plans, specifications, and form of Terrance M. Duggan, Mayorcontract and placed same on file in the office of the Attest:City Clerk for public inspection of the Walnut Mary A. Davis, City ClerkStreet Retaining Wall. 18 Regular Session, May 1, 1995 NOW THEREFORE, BE IT RESOLVED BYfiled. Seconded by Council Member Nicholson. THE CITY COUNCIL OF THE CITY OFCarried by the following vote: Yeas—Mayor DUBUQUE, IOWA:Duggan, Council Members Kluesner, Krieg, That on the 15th day of May, 1995, a publicNicholson, Robbins, Voetberg. Nays—None. hearing will be held at 7:00 p.m. in the PublicAbsent—Council Member Nagle. Library Auditorium at which time interested persons may appear and be heard for or against theRESOLUTION NO. 174-95 proposed plans and specifications, form of contractRESOLUTION OF INTENT TO DISPOSE and cost of said improvement, and the City ClerkOF INTEREST AND RELEASE AN be and is hereby directed to cause a notice of time EXISTING 20 FOOT WIDE STORM SEWER and place of such hearing to be published in aEASEMENT ON LOT 2 OF 2 OF 1 OF newspaper having general circulation in the City ofBROWN PLACE NO. 2 IN THE CITY OF Dubuque, Iowa, which notice shall be not less thanDUBUQUE, IOWA four days nor more than twenty days prior to theWhereas, Dubuque Senior Housing II is the day fixed for its consideration. At the hearing, anycurrent owner of Lot 2 of 2 of 1 of Brown Place interested person may appear and file objections toNo. 2 in the City of Dubuque, Iowa; and the proposed plans, specifications, contract, orWhereas, a 20 foot wide storm sewer easement estimated cost of the improvement.is currently platted on said lot; and Passed, adopted and approved this 1st day ofWhereas, Dubuque Senior Housing II has May, 1995.petitioned to vacate said 20 foot wide storm sewer easement in said lot. Terrance M. Duggan, MayorNOW, THEREFORE, BE IT RESOLVED BY Attest:THE CITY COUNCIL OF THE CITY OF Mary A. Davis, City ClerkDUBUQUE, IOWA: Council Member Voetberg moved adoption ofSection 1. That the City of Dubuque, Iowa the Resolution. Seconded by Council Memberintends to dispose of its interest and release an Nicholson. Carried by the following vote:existing 20 foot wide storm sewer easement on Lot Yeas—Mayor Duggan, Council Members2 of 2 of 1 of Brown Place No. 2 in the City of Kluesner, Krieg, Nicholson, Robbins, Voetberg.Dubuque, Iowa. Nays—None. Absent—Council Member Nagle.Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice to be published as prescribed under Section 364.7 Code RESOLUTION NO. 173-95 ORDERING BIDSof Iowa. NOW THEREFORE, BE IT RESOLVED BYPassed, approved and adopted this 1st day of THE COUNCIL OF THE CITY OF DUBUQUE,May, 1995. IOWA:Terrance M. Duggan, Mayor That the Walnut Street Retaining Wall isAttest: hereby ordered to be advertised for bids forMary A. Davis, City Clerk construction.Council Member Voetberg moved adoption of BE IT FURTHER RESOLVED, that thethe Resolution and that the matter be set for Public amount of the security to accompany each bid shallHearing for 5-15-95 at 7:00 p.m. in the Public be in an amount which shall conform to theLibrary Auditorium and that the City Clerk provisions of the notice to bidders hereby approvedpublish notice in the manner prescribed by law. as a part of the plans and specifications heretoforeSeconded by Council Member Nicholson. Carried adopted.by the following vote: Yeas—Mayor Duggan, That the City Clerk is hereby directed toCouncil Members Kluesner, Krieg, Nicholson, advertise for bids for the construction of theRobbins, Voetberg. Nays—None. improvements herein provided, to be published inAbsent—Council Member Nagle. a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be lessAt 10:00 p.m., Council Member Voetberg than four days nor more than twenty days prior tomoved to into Closed Session In accordance with the receipt of said bids at 2:00 p.m. on the 9th dayChapter 20.17 reference to Collective Bargaining of May, 1995. Bids shall be opened and read byStrategy and in Accordance with Chapter 21.5 1.c) the City Clerk at said time and will be submitted toto discuss strategy with counsel in matters where the Council for final action at 7:00 p.m. on thelitigation is imminent. Seconded by Council 15th day of May, 1995.Member Nicholson. Carried by the following vote: Passed, adopted and approved this 1st day ofYeas—Mayor Duggan, Council Members May, 1995.Kluesner, Krieg, Nicholson, Robbins, Voetberg. Terrance M. Duggan, MayorNays—None. Absent—Council Member Nagle. Attest: Mary A. Davis, City ClerkCouncil reconvened Regular Session at 10:17 Council Member Voetberg moved adoption ofp.m. Mayor Duggan advised that Legal Counsel the Resolution. Seconded by Council Memberhad been given direction regarding litigation. Nicholson. Carried by the following vote:Council Member Voetberg moved that Legal Yeas—Mayor Duggan, Council MembersCounsel and Factfinder's recommendation in the Kluesner, Krieg, Nicholson, Robbins, Voetberg.impasse between the City of Dubuque and the Nays—None. Absent—Council Member Nagle.General Drivers and Helpers Union, Local #421, be rejected. Seconded by Council Member City Manager recommending to vacate stormNicholson. Carried by the following vote: sewer easement on Pennsylvania Avenue,Yeas—Mayor Duggan, Council Members presented and read. Council Member VoetbergKluesner, Krieg, Nicholson, Voetberg. moved that the communication be received and Regular Session, May 1, 199519 Nays—None. Abstain—Council Member Robbins. Absent—Council Member Nagle. There being no further business, Council Member Voetberg moved to adjourn the meeting. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Nagle. Meeting adjourned at 10:18 p.m. Mary A. Davis CMC City Clerk Approved ______________________, 1996. Adopted _______________________, 1996. ____________________________________ Mayor ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ Council Members Attest: ____________________________________ City Clerk Regular Session, May 15, 19951 $490.14 for vehicle damages; Tory Richardson in DUBUQUE estimated amount of $708.78 for vehicle damages; Ziegler Industries, Inc. requesting unpaid payment totaling $16,956.60 plus interest for work CITY COUNCIL completed at Water Pollution Control Plant, presented and read. Council Member Nagle moved that the claims and suits be referred to the OFFICIAL Legal Staff for investigation and report. Seconded by Council Member Robbins. Carried by the PROCEEDINGS following vote: Yeas—Mayor Pro-tem Voetberg, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins. Nays—None. Absent—Mayor Duggan. City Council, Regular Session, May 15, 1995 Council Met at 7:00 p.m., Public Library Corporation Counsel advising car damage Auditorium. claim of Ross Mayne has been referred to Present: Council Members Kluesner, Krieg, Crawford & Company and personal injury claim Nagle, Nicholson, Robbins, Voetberg, City of William Stark has been referred to The Manager Michael Van Milligen, Corporation Friedman Group, presented and read. Council Counsel Barry A. Lindahl. Member Nagle moved that the communication be Absent: Mayor Duggan. received and filed. Seconded by Council Member Robbins. Carried by the following vote: Mayor Pro-Tem Voetberg read the call and Yeas—Mayor Pro-tem Voetberg, Council stated this is the Regular Session of the City Members Kluesner, Krieg, Nagle, Nicholson, Council called for the purpose to act upon such Robbins. Nays—None. Absent—Mayor business which may properly come before the Duggan. Council. Corporation Counsel recommending denial of Invocation was given by Rev. Donald Booher, truck damage claim of Leo J. Then, presented and Director of the Dubuque Rescue Mission. read. Council Member Nagle moved that the communication be received and filed and approved PROCLAMATIONS — May 14-20 "Historic denial. Seconded by Council Member Robbins. Preservation Week 1995"; May 14-21 as Carried by the following vote: Yeas—Mayor Pro- "Certified Nursing Assistants' Week" received by tem Voetberg, Council Members Kluesner, Krieg, Mary Oliver and Donna Kirby; May 15-21 "Peace Nagle, Nicholson, Robbins. Nays—None. Officers Week" and May 21 as "Peace Officers Absent—Mayor Duggan. Memorial Day" received by David Pacholke. Corporation Counsel recommending settlement City Manager introduced Rick Dickinson, of car damage claim of John Kieler in the amount Executive Director of Greater Dubuque of $50.00, presented and read. Council Member Development Corporation (G.D.D.C.). Nagle moved that the communication be received and filed and settlement approved with Finance MINUTES SUBMITTED — Electrical Code Director to issue proper check. Seconded by Board of 5-1; Human Rights of 4-10; Long Range Council Member Robbins. Carried by the Planning Commission of 4-19; Zoning Board of following vote: Yeas—Mayor Pro-tem Voetberg, Adjustment of 4-27; Zoning Commission of 5-3, Council Members Kluesner, Krieg, Nagle, presented and read. Council Member Nagle Nicholson, Robbins. Nays—None. moved that the minutes be received and filed. Absent—Mayor Duggan. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Pro-tem City Manager recommending Mayor be Voetberg, Council Members Kluesner, Krieg, authorized to execute Indemnification and Hold Nagle, Nicholson, Robbins. Nays—None. Harmless Agreement with Noon Lions Club for Absent—Mayor Duggan. purchase and installation of playground equipment at Marshall Park, presented and read. Council Investment Oversight Commission submitting Member Nagle moved that the communication be their ninth quarterly report through March 31, received and filed and approved. Seconded by 1995, presented and read. Council Member Nagle Council Member Robbins. Carried by the moved that the report be received and filed. following vote: Yeas—Mayor Pro-tem Voetberg, Seconded by Council Member Robbins. Carried Council Members Kluesner, Krieg, Nagle, by the following vote: Yeas—Mayor Pro-tem Nicholson, Robbins. Nays—None. Voetberg, Council Members Kluesner, Krieg, Absent—Mayor Duggan. Nagle, Nicholson, Robbins. Nays—None. Absent—Mayor Duggan. Proof of Publication of List of Claims paid for month of March, 1995, presented and read. NOTICES OF CLAIMS/SUITS— Marianna Council Member Nagle moved that the proof be Chase in amount of $113.55 for personal injuries; received and filed. Seconded by Council Member Michael J. Donohue in amount of $80.14 for Robbins. Carried by the following vote: vehicle damages; Lou Mae English in amount of Yeas—Mayor Pro-tem Voetberg, Council $170.25 for vehicle damages; Duane I. Kruse in Members Kluesner, Krieg, Nagle, Nicholson, amount of $94.08 for tire damages; Peter J. Robbins. Nays—None. Absent—Mayor Lippstock in estimated amount of $71.03 for Duggan. vehicle damages; Dale C. Magee in amount of 2 Regular Session, May 15, 1995 Aaron Roeth and Jodi Thor requesting toPassed, approved and adopted this 15th day of change names of streets now called Wiltse DriveMay, 1995. and Wiltse Court of Phase 3 in Sunnyslope EstatesDirk N. Voetberg, Mayor Pro-Tem to names which are easier to spell and pronounce,Attest: presented and read. Council Member NagleMary A. Davis, City Clerk moved that the matter be referred to the CityCouncil Member Nagle moved adoption of the Manager for investigation and report. SecondedResolution. Seconded by Council Member by Council Member Robbins. Carried by theRobbins. Carried by the following vote: following vote: Yeas—Mayor Pro-tem Voetberg,Yeas—Mayor Pro-tem Voetberg, Council Council Members Kluesner, Krieg, Nagle,Members Kluesner, Krieg, Nagle, Nicholson, Nicholson, Robbins. Nays—None.Robbins. Nays—None. Absent—Mayor Absent—Mayor Duggan.Duggan. City Manager recommending acceptance ofCity Manager requesting Mayor to execute the Removal of Silt from the 32nd Street DetentionI.D.O.T. agreement relating to emergency detour Basin project, presented and read. Councilroutes associated with Dodge Street project, Member Nagle moved that the communication bepresented and read. Council Member Nagle received and filed. Seconded by Council Membermoved that the communication be received and Robbins. Carried by the following vote:filed. Seconded by Council Member Robbins. Yeas—Mayor Pro-tem Voetberg, CouncilCarried by the following vote: Yeas—Mayor Pro- Members Kluesner, Krieg, Nagle, Nicholson,tem Voetberg, Council Members Kluesner, Krieg, Robbins. Nays—None. Absent—MayorNagle, Nicholson, Robbins. Nays—None. Duggan.Absent—Mayor Duggan. City Manager recommending approval of RESOLUTION NO. 175-95 ACCEPTING IMPROVEMENTFY'96 Wage Plan for nonbargaining unit Whereas, the contract for the Removal of Siltemployees and Collective Bargaining Agreements from 32nd Street Detention Basin has beenwith the Dubuque Police Protective Association, completed and the City Manager has examined thethe Amalgamated Transit Union, Local #329 and work and filed his certificate stating that the samethe International Union of Operating Engineers, has been completed according to the terms of theLocal #758, presented and read. Council Member contract, plans and specifications and recommendsNagle moved that the communication be received it acceptance.and filed. Seconded by Council Member Robbins. NOW THEREFORE, BE IT RESOLVED BYCarried by the following vote: Yeas—Mayor Pro- THE CITY COUNCIL OF THE CITY OFtem Voetberg, Council Members Kluesner, Krieg, DUBUQUE, IOWA:Nagle, Nicholson, Robbins. Nays—None. Section 1. That the recommendation of theAbsent—Mayor Duggan. City Manager be approved and that said improvement be and the same is hereby accepted. RESOLUTION NO. 177-95 BE IT FURTHER RESOLVED that the City RESOLUTION APPROVING THE Treasurer be and he is hereby directed to pay to theAGREEMENT BETWEEN THE CITY OF contractor from Storm Sewer Construction Fund inDUBUQUE, IOWA AND THE DUBUQUE amount equal to the amount of his contract, less POLICE PROTECTIVE ASSOCIATION, any retained percentage provided for therein.AND AUTHORIZING THE MAYOR TO Passed, approved and adopted this 15th day ofSIGN THE AGREEMENT May, 1995.Whereas, the Sixty-Fifth General Assembly Dirk N. Voetberg, Mayor Pro-Temadopted the Public Employment Relations Act, Attest:Chapter 20, Code of Iowa; and Mary A. Davis, City ClerkWhereas, the City of Dubuque is a public Council Member Nagle moved adoption of theemployer within the meaning of Section 3 (1) of Resolution. Seconded by Council Memberthe Public Employment Relations Act; and Robbins. Carried by the following vote:Whereas, the Dubuque Police Protective Yeas—Mayor Pro-tem Voetberg, CouncilAssociation, is an employee organization within Members Kluesner, Krieg, Nagle, Nicholson,the meaning of Section 3 (4) of the Public Robbins. Nays—None. Absent—MayorEmployment Relations Act; and Duggan. Whereas, the Dubuque Police Protective Association, submitted a request to bargain collectively on behalf of the employees within its RESOLUTION NO. 176-95 FINAL ESTIMATErepresentation; and Whereas, the contract for the Removal of SiltWhereas, bargaining between the parties has from 32nd Street Detention Basin has beenoccurred and an agreement has been concluded. completed and the City Engineer has submitted hisNOW, THEREFORE, BE IT RESOLVED BY final estimate showing the cost thereof includingTHE CITY COUNCIL OF THE CITY OF the cost of estimates, notices and inspection and allDUBUQUE, IOWA: miscellaneous costs;Section 1. That the terms of the agreement be NOW THEREFORE, BE IT RESOLVED BYapproved and the Mayor authorized and directed to THE CITY COUNCIL OF THE CITY OFsign the collective bargaining agreement. DUBUQUE, IOWA:Passed, approved and adopted this 15th day of Section 1. That the cost of said improvement isMay, 1995. hereby determined to be $42,903.37 and the saidDirk N. Voetberg, Mayor Pro-Tem amount shall be paid from Storm SewerAttest: Construction Fund of the City of Dubuque, Iowa.Mary A. Davis, City Clerk Regular Session, May 15, 19953 Council Member Nagle moved adoption of theWhereas, bargaining between the parties has Resolution. Seconded by Council Memberoccurred and an agreement has been concluded. Robbins. Carried by the following vote:NOW, THEREFORE, BE IT RESOLVED BY Yeas—Mayor Pro-tem Voetberg, CouncilTHE CITY COUNCIL OF THE CITY OF Members Kluesner, Krieg, Nagle, Nicholson,DUBUQUE, IOWA: Robbins. Nays—None. Absent—MayorSection 1. That the terms of the Agreement be Duggan.approved and the Mayor authorized and directed to sign the collective bargaining agreement. Passed, approved and adopted this 15th day of RESOLUTION NO. 178-95 RESOLUTION APPROVING THEMay, 1995. AGREEMENT BETWEEN THE CITY OFDirk N. Voetberg, Mayor Pro-Tem Attest: DUBUQUE, IOWA AND THE AMALGAMATED TRANSIT UNION,Mary A. Davis, City Clerk LOCAL #329, AND AUTHORIZING THECouncil Member Nagle moved adoption of the MAYOR TO SIGN THE AGREEMENTResolution. Seconded by Council Member Whereas, the Sixty-Fifth General AssemblyRobbins. Carried by the following vote: adopted the Public Employment Relations Act,Yeas—Mayor Pro-tem Voetberg, Council Chapter 20, Code of Iowa; andMembers Kluesner, Krieg, Nagle, Nicholson, Whereas, the City of Dubuque is a publicRobbins. Nays—None. Absent—Mayor employer within the meaning of Section 3 (1) ofDuggan. the Public Employment Relations Act; and Whereas, the Amalgamated Transit Union,RESOLUTION NO. 180-95 Local #329, is an employee organization within RESOLUTION APPROVING THE WAGE the meaning of Section 3 (4) of the PublicPLAN AND COMPENSATION PACKAGE Employment Relations Act; andFOR NON-BARGAINING UNIT Whereas, the Amalgamated Transit Union,EMPLOYEES Local #329, submitted a request to bargainWhereas, it has been practiced to provide a collectively on behalf of the employees within itscompensation package to non-bargaining unit representation; and employees similar to the compensation package to Whereas, bargaining between the parties hasbe received by bargaining unit employees; and occurred and an agreement has been concluded.Whereas, the proposed wage plan for non- NOW, THEREFORE, BE IT RESOLVED BYbargaining unit employees represents an increase THE CITY COUNCIL OF THE CITY OFof 3.5 percent across the board effective July 1, DUBUQUE, IOWA:1995, which is consistent with the wage increase to Section 1. That the terms of the agreement bebe received by three of the City's bargaining units; approved and the Mayor authorized and directed toand sign the collective bargaining agreement.Whereas, the group insurance plan will be Passed, approved and adopted this 15th day ofmodified in accordance with the attachments to this May, 1995.Resolution, which is also consistent with the Dirk N. Voetberg, Mayorchanges to the group insurance plan that have been Attest:agreed to by three of the City's bargaining units. Mary A. Davis, City ClerkNOW, THEREFORE, BE IT RESOLVED BY Council Member Nagle moved adoption of theTHE CITY COUNCIL OF THE CITY OF Resolution. Seconded by Council MemberDUBUQUE, IOWA: Robbins. Carried by the following vote:Section 1. That the wage plan and Yeas—Mayor Pro-tem Voetberg, Councilcompensation package for non-bargaining unit Members Kluesner, Krieg, Nagle, Nicholson,employees is hereby approved. Robbins. Nays—None. Absent—MayorPassed, approved and adopted this 15th day of Duggan.May, 1995. Dirk N. Voetberg, Mayor Pro-Tem RESOLUTION NO. 179-95Attest: RESOLUTION APPROVING THEMary A. Davis, City Clerk Council Member Nagle moved adoption of the AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THEResolution. Seconded by Council Member INTERNATIONAL UNION OF OPERATINGRobbins. Carried by the following vote: ENGINEERS, LOCAL #758, ANDYeas—Mayor Pro-tem Voetberg, Council Members Kluesner, Krieg, Nagle, Nicholson, AUTHORIZING THE MAYOR TO SIGN THE AGREEMENTRobbins. Nays—None. Absent—Mayor Whereas, the Sixty-Fifth General AssemblyDuggan. adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; andEagle Point Corporation requesting Mayor be Whereas, the City of Dubuque is a publicauthorized to execute a consent to a change in employer within the meaning of Section 3 (1) ofownership and control of Eagle Point Corporation the Public Employment Relations Act; and(now Eagle Point Software Corp.) and City Whereas, the International Union of OperatingManager recommending approval of request, Engineers, Local #758, is an employeepresented and read. Council Member Nagle organization within the meaning of Section 3 (4) ofmoved that the communications be received and the Public Employment Relations Act; andfiled. Seconded by Council Member Robbins. Whereas, the International Union of OperatingCarried by the following vote: Yeas—Mayor Pro- Engineers, Local #758, submitted a request totem Voetberg, Council Members Kluesner, Krieg, bargain collectively on behalf of the employeesNagle, Nicholson, Robbins. Nays—None. within its representation; andAbsent—Mayor Duggan. 4 Regular Session, May 15, 1995 RESOLUTION NO. 181-95Council if they so desire. Seconded by Council Member Krieg. Carried by the following vote: RESOLUTION AUTHORIZING A Yeas—Mayor Pro-tem Voetberg, Council CONSENT TO PUBLIC OFFERING, REINCORPORATION IN THE STATE OFMembers Kluesner, Krieg, Nagle, Nicholson, DELAWARE AND THE RESULTINGRobbins. Nays—None. Absent—Mayor Duggan. CHANGE IN OWNERSHIP AND CONTROL OF EAGLE POINT CORPORATION (NOW EAGLE POINT SOFTWARE CORP.)Proof of Publication certified to by the Whereas, Eagle Point Corporation (Company)Publisher on Notice of Public Hearing to dispose and the City of Dubuque (City) have entered intoof North 1/2 of Lot 39 of Cooper Heights, Petition the following loan agreements:containing 21 signatures opposing the sale of this CEBA Loan Agreement No. 92-PRO-01 datedproperty; Copy of a petition from 1974 submitted 7/15/91,by Paul Gruber, for Council information; City CDBG (unnumbered) Loan Agreement datedManager recommending approval of sale of 1/20/92,property, presented and read. Council Member CDBG Loan Agreement No. 3-93 datedKluesner moved that the proof and petition be 7/6/93,received and filed. Seconded by Council Member CEBA Loan Agreement No. 93-CEBA-066Nagle. Carried by the following vote: dated 7/15/93, andYeas—Mayor Pro-tem Voetberg, Council CDBG Loan Agreement No. 5-93 datedMembers Kluesner, Krieg, Nagle, Nicholson, 5/16/94; andRobbins. Nays—None. Absent—Mayor Whereas, said loan agreements provide that theDuggan. Company shall obtain the consent of the City to any material change in ownership of Company;Paul Gruber, John Schreiber, Gary Schilling, andNeil Kelly, Mark Schreiber, and Nancy Peckosh Whereas, Company has requested the Cityall spoke objecting to the sale of this property to T. consent to the Company's reincorporation in theHamel, (especially if it is to be used for an state of Delaware, to the public offering of itsapartment complex), and requested that it be put stock, and the resulting change in ownership andup for public auction. control of the Company; andTom Hamel spoke stating that he did not intend Whereas, the City Council of City believes thatto use the property for apartments. the change in ownership as contemplated above is in the best interests of the City.RESOLUTION NO. 182-95 NOW, THEREFORE, BE IT RESOLVED BYWhereas, pursuant to resolution and published THE CITY COUNCIL OF THE CITY OFnotice of time and place of hearing, published in DUBUQUE, IOWA:the Telegraph Herald, a newspaper of general Section 1. That the public offering of Companycirculation published in the City of Dubuque, Iowa stock and the reincorporation of Company in theon 5th day of May, 1995, the City Council of the State of Delaware are hereby approved.City of Dubuque, Iowa met on the 15th day of Section 2. That the Mayor of the City ofMay, 1995, at 7:00 p.m. in the Public Library Dubuque is hereby authorized and directed to signAuditorium, 11th and Locust, Dubuque, Dubuque the attached consent on behalf of and with theCounty, Iowa to consider the proposal for the sale approval of the City Council of the City ofof real estate described as: Dubuque, Iowa.the north one half of Lot 39 of Cooper Heights Passed, approved and adopted this 15th day ofin the City of Dubuque, Iowa to Thomas J. May, 1995.Hamel, T.T.E.E. Dirk N. Voetberg, Mayor Pro-TemWhereas, the City Council of the City of Attest:Dubuque, Iowa overruled any and all objections, Mary A. Davis, City Clerkoral or written, to the proposal to dispose of Council Member Nagle moved adoption of theinterest of the City of Dubuque, Iowa, in the Resolution. Seconded by Council Memberhereinabove described real estate to Thomas L. Robbins. Carried by the following vote:Hamel Yeas—Mayor Pro-tem Voetberg, CouncilNOW, THEREFORE, BE IT RESOLVED BY Members Kluesner, Krieg, Nagle, Nicholson,THE CITY COUNCIL OF THE CITY OF Robbins. Nays—None. Absent—MayorDUBUQUE, IOWA: Duggan.Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa in City Manager recommending approval ofreal property described as the north one half of Lot request from Dubuque Racing Association to39 of Cooper Heights in the City of Dubuque, expend monies exceeding original request byIowa to Thomas J. Hamel, T.T.E.E. be and the approx. $228,040.00 for improvement to thesame is hereby approved for the sum of $1,397.00 property, presented and read. Council Memberplus cost of publication, platting and filing fees; Nagle moved that the communication be receivedconveyance shall be by Quit Claim Deed. and filed and approved. Seconded by CouncilSection 2. That the Mayor be authorized and Member Robbins. Carried by the following vote:directed to execute a Quit Claim Deed, and the Yeas—Mayor Pro-Tem Voetberg, CouncilCity Clerk be and is hereby authorized and Members Kluesner, Nagle, Nicholson, Robbins.directed to deliver said deed of conveyance to the Nays—None. Abstain—Council Member Krieg.above named grantees upon receipt of the purchase Absent—Mayor Duggan.price in full. Section 3. That the City Clerk be and is hereby Council Member Nagle moved that the rules beauthorized and directed to record a certified copy suspended to allow anyone present to address theof this resolution in the office of the City Assessor, Regular Session, May 15, 19955 Dubuque County Recorder and the Dubuquenotice to bidders published in a newspaper County Auditor.published in the City of Dubuque, Iowa on the 4th Passed, approved and adopted this 15th day ofday of May, 1995. May, 1995.Whereas, said sealed proposals were opened Dirk N. Voetberg, Mayor Pro-Temand read on the 9th day of May, 1995 and it has Attest:been determined that the bid of Wm. Becker and Mary A. Davis, City ClerkSons Company, Inc. of Dubuque, Iowa, in the Council Member Kluesner moved adoption ofamount of $52,426.00 was the lowest bid for the the Resolution. Seconded by Council Memberfurnishings of all labor and materials and Nagle. Carried by the following vote:performing the work as provided for in the plans Yeas—Mayor Pro-tem Voetberg, Counciland specifications. Members Kluesner, Krieg, Nagle, Nicholson,NOW THEREFORE, BE IT RESOLVED BY Robbins. Nays—None. Absent—MayorTHE CITY COUNCIL OF THE CITY OF Duggan.DUBUQUE, IOWA: That the contract for the above improvement be Proof of Publication certified to by theawarded to Wm. Becker and Sons Company, Inc. Publisher on Notice of Hearing on Plans andand the Manager be and is hereby directed to Specifications for Walnut Street Retaining Wall,execute a contract on behalf of the City of presented and read. Council Member NagleDubuque for the complete performance of the moved that the proof be received and filed. work. Seconded by Council Member Nicholson. CarriedBE IT FURTHER RESOLVED: by the following vote: Yeas—Mayor Pro-temThat upon the signing of said contract and the Voetberg, Council Members Kluesner, Krieg,approval of the contractor's bond, the City Nagle, Nicholson, Robbins. Nays—None.Treasurer is authorized and instructed to return the Absent—Mayor Duggan.bid deposits of the unsuccessful bidders. Passed, approved and adopted this 15th day of May, 1995. RESOLUTION NO. 183-95 RESOLUTION ADOPTING PLANSDirk N. Voetberg, Mayor Pro-Tem AND SPECIFICATIONSAttest: Whereas, on the 26th day of April, 1995, plans,Mary A. Davis, City Clerk specifications, form of contract and estimated costCouncil Member Nagle moved adoption of the were filed with the City Clerk of Dubuque, IowaResolution. Seconded by Council Member for the Walnut Street Retaining Wall.Nicholson. Carried by the following vote: Whereas, notice of hearing on plans,Yeas—Mayor Pro-tem Voetberg, Council specifications, form of contract, and estimated costMembers Kluesner, Krieg, Nagle, Nicholson, was published as required by law.Robbins. Nays—None. Absent—Mayor NOW THEREFORE, BE IT RESOLVED BYDuggan. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:Proof of Publication certified to by the That the said plans, specifications, form ofPublisher on Notice of Hearing on Plans and contract and estimated cost are hereby approved asSpecifications for 1995 Asphalt Paving Project, the plans, specifications, form of contract andpresented and read. Council Member Krieg moved estimated cost for said improvements for saidthat the proof be received and filed. Seconded by project.Council Member Nagle. Carried by the following Passed, adopted and approved this 15th day ofvote: Yeas—Mayor Pro-tem Voetberg, Council May, 1995.Members Kluesner, Krieg, Nagle, Nicholson, Dirk N. Voetberg, Mayor Pro-TemRobbins. Nays—None. Absent—Mayor Attest:Duggan. Mary A. Davis, City Clerk Council Member Nagle moved adoption of theRESOLUTION NO. 185-95 Resolution. Seconded by Council MemberRESOLUTION ADOPTING PLANS Nicholson. Carried by the following vote:AND SPECIFICATIONS Yeas—Mayor Pro-tem Voetberg, CouncilWhereas, on the 12th day of April, 1995, plans, Members Kluesner, Krieg, Nagle, Nicholson,specifications, form of contract and estimated cost Robbins. Nays—None. Absent—Mayorwere filed with the City Clerk of Dubuque, Iowa Duggan. for the 1995 Asphalt Paving Project. Proof of Publication certified to by theWhereas, notice of hearing on plans, Publisher on Notice to Bidders on receipt of bidsspecifications, form of contract, and estimated cost for project and City Manager recommending towas published as required by law. award contract for project using the limestoneNOW THEREFORE, BE IT RESOLVED BY option, presented and read Council MemberTHE CITY COUNCIL OF THE CITY OF Nagle moved that the proof and communication beDUBUQUE, IOWA: received and filed. Seconded by Council MemberThat the said plans, specifications, form of Nicholson. Carried by the following vote:contract and estimated cost are hereby approved as Yeas—Mayor Pro-tem Voetberg, Councilthe plans, specifications, form of contract and Members Kluesner, Krieg, Nagle, Nicholson,estimated cost for said improvements for said Robbins. Nays—None. Absent—Mayor Duggan.project. Passed, adopted and approved this 15th day of RESOLUTION NO. 184-95May, 1995. AWARDING CONTRACTDirk N. Voetberg, Mayor Pro-Tem Whereas, sealed proposals have been submittedAttest: by contractors for the Walnut Street RetainingMary A. Davis, City Clerk Wall pursuant to Resolution No. 173-95 and 6 Regular Session, May 15, 1995 Council Member Krieg moved adoption of theNagle, Nicholson, Robbins. Nays—None. Resolution. Seconded by Council Member Nagle.Absent—Mayor Duggan. Carried by the following vote: Yeas—Mayor Pro- tem Voetberg, Council Members Kluesner, Krieg,RESOLUTION NO. 187-95 Nagle, Nicholson, Robbins. Nays—None.Whereas, pursuant to resolution and published Absent—Mayor Duggan.notice of time and place of hearing, published in Proof of Publication certified to by thethe Telegraph Herald, a newspaper of general Publisher on Notice to bidders on receipt of bidscirculation published in the City of Dubuque, for project and City Manager recommending toIowa, on 5th day of May, 1995, the City Council award contract for project, presented and read.of the City of Dubuque, Iowa met on the 15th day Council Member Krieg moved that the proof andof May, 1995 at 7:00 p.m. in the Public Library communication be received and filed. SecondedAuditorium, 11th and Locust, Dubuque, Dubuque by Council Member Nagle. Carried by theCounty, Iowa, to consider the proposal for the following vote: Yeas—Mayor Pro-tem Voetberg,vacating and release of real estate described as: Council Members Kluesner, Krieg, Nagle,an existing 20 foot wide storm sewer easement Nicholson, Robbins. Nays—None.on Lot 2 of 2 of 1 of Brown Place No. 2 in the Absent—Mayor Duggan. City of Dubuque, Iowa according to the recorded plats thereof and as shown on Exhibit RESOLUTION NO. 186-95"A" attached hereto and by reference made a AWARDING CONTRACTpart hereof; and Whereas, sealed proposals have been submittedWhereas, the City Council of the City of by contractors for the 1995 Asphalt Paving ProjectDubuque, Iowa overruled any and all objections, pursuant to Resolution No. 145-95 and notice tooral or written, to the proposal to dispose of bidders published in a newspaper published in theinterest of the City of Dubuque, Iowa in the City of Dubuque, Iowa on the 20th day of April,hereinabove described real estate to Dubuque 1995.Senior Housing II. Whereas, said sealed proposals were openedNOW, THEREFORE, BE IT RESOLVED BY and read on the 4th day of May, 1995 and it hasTHE CITY COUNCIL OF THE CITY OF been determined that the bid of River City Paving,DUBUQUE, IOWA: a Division of Mathy Construction of Kieler,Section 1. That the disposal of the interest of Wisconsin in the amount of $613,058.41 was thethe City of Dubuque, Dubuque County, Iowa in lowest bid for the furnishings of all labor andreal property described as an existing 20 foot wide materials and performing the work as provided forstorm sewer easement on Lot 2 of 2 of 1 of Brown in the plans and specifications.Place No. 2 in the City of Dubuque, Iowa to NOW THEREFORE, BE IT RESOLVED BYDubuque Senior Housing II be and the same is THE CITY COUNCIL OF THE CITY OFhereby approved for the cost of publication and DUBUQUE, IOWA:filing fees. That the contract for the above improvement beSection 2. That the proposal to dedicate a new awarded to River City Paving, a Division of Mathy25 foot wide storm sewer easement on said Construction and the Manager be and is herebyproperty as set out by the owners, be and the same directed to execute a contract on behalf of the Cityis hereby approved. of Dubuque for the complete performance of theSection 3. That the Mayor and City Clerk be work.authorized and directed to execute a release of BE IT FURTHER RESOLVED:easement, and the City Clerk be and is hereby That upon the signing of said contract and theauthorized and directed to deliver said release to approval of the contractor's bond, the Citythe above named grantees upon receipt of the Treasurer is authorized and instructed to return theabove fees. bid deposits of the unsuccessful bidders.Section 4. That the City Clerk be and is hereby Passed, approved and adopted this 15th day ofauthorized and directed to record a certified copy May, 1995.of this resolution in the office of the City Assessor, Dirk N. Voetberg, Mayor Pro-TemDubuque County Recorder, and the Dubuque Attest:County Auditor. Mary A. Davis, City ClerkPassed, approved and adopted this 15th day of Council Member Krieg moved adoption of theMay, 1995. Resolution. Seconded by Council Member Nagle.Dirk N. Voetberg, Mayor Pro-Tem Carried by the following vote: Yeas—Mayor Pro-Attest: tem Voetberg, Council Members Kluesner, Krieg,Mary A. Davis, City Clerk Nagle, Nicholson, Robbins. Nays—None.Council Member Robbins moved adoption of Absent—Mayor Duggan.the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Proof of Publication certified to by theYeas—Mayor Pro-tem Voetberg, Council Publisher on Notice of Public Hearing to considerMembers Kluesner, Krieg, Nagle, Nicholson, vacating and releasing of storm sewer easement toRobbins. Nays—None. Absent—Mayor Dubuque Senior Housing II, and City ManagerDuggan. recommending approval to vacate and relocate storm sewer easement, presented and read. RESOLUTION NO. 188-95 Council Member Robbins moved that the proofRESOLUTION APPROVING PLAT and communication be received and filed. OF APPLEWOOD PLACE Seconded by Council Member Nagle. Carried byWhereas, there has been presented to the City the following vote: Yeas—Mayor Pro-temCouncil of the City of Dubuque, Iowa, a plat dated Voetberg, Council Members Kluesner, Krieg,March 1, 1995, prepared by Buesing and Associates of Dubuque, Iowa, describing the Regular Session, May 15, 19957 proposed dedication of Pennsylvania Avenue and OPPORTUNITY LOAN TO AVERY a 25 foot wide storm sewer easement; andBUTLER, BUTLER CONTRACTING. Whereas, said plat conforms to the laws andWhereas, the City of Dubuque has created an statutes pertaining thereto.Enterprise Opportunity Program for the purpose of NOW, THEREFORE, BE IT RESOLVED BYstimulating entrepreneurship by low and moderate THE CITY COUNCIL OF THE CITY OFincome people; and DUBUQUE, IOWA:Whereas, the City of Dubuque is encouraging Section 1. That the plat dated March 1, 1995the use of this loan program to finance small, prepared by Buesing and Associates, relative to theowner-operated businesses employing five or fewer real estate hereinabove described be and the sameemployees; and is hereby approved, and the Mayor and City ClerkWhereas, Butler Contracting meets the be and they are hereby authorized and directed torequirements of this program; and execute said plat for an on behalf of the City ofWhereas, a Commitment Letter, hereto attached Dubuque, Iowa.and by this reference made a part hereof, sets forth Section 2. That the City Clerk be and is herebythe terms and conditions of Butler Contracting's authorized and directed to file said plat andparticipation in the Enterprise Opportunity certified copy of this resolution in the office of theProgram. Recorder, in and for Dubuque County, Iowa.NOW, THEREFORE, BE IT RESOLVED BY Passed, approved and adopted this 15th day ofTHE CITY COUNCIL OF THE CITY OF May, 1995.DUBUQUE, IOWA: Dirk N. Voetberg, Mayor Pro-TemSection 1. That the application of Avery Attest:Butler, Butler Contracting, for participation in the Mary A. Davis, City ClerkEnterprise Opportunity Program is hereby Council Member Robbins moved adoption ofaccepted and approved. the Resolution. Seconded by Council MemberSection 2. That the Mayor is hereby authorized Nagle. Carried by the following vote:to execute, on behalf of the City Council of the Yeas—Mayor Pro-tem Voetberg, CouncilCity of Dubuque, Iowa, the attached Commitment Members Kluesner, Krieg, Nagle, Nicholson,Letter and to forward said letter to Avery Butler, Robbins. Nays—None. Absent—MayorButler Contracting, for review and approval. Duggan.Section 3. That the City Manager be and he is hereby directed to prepare, upon execution and Steve Efken, on behalf of W. 11th Streetreceipt of the attached Commitment Letter by Neighborhood Assn., submitting a petition andAvery Butler, the necessary loan documents in addressing the Council, requesting 7 streets in theiraccordance with the terms and conditions set forth area be repaired or reconstructed, presented andin said Commitment Letter. read. Section 4. That the City Manager is hereby Steve Efken, 596 W. 11th St. spoke requestingauthorized to execute, on behalf of the City Council reevaluate these streets.Council of the City of Dubuque, Iowa, all Council Member Kluesner moved that thenecessary loan documents and is further authorized petition be received and filed and referred to theto disburse loan funds from the Enterprise City Manager. Seconded by Council MemberOpportunity Program, in accordance with the Nicholson. Carried by the following vote:terms and conditions of the executed agreement. Yeas—Mayor Pro-tem Voetberg, CouncilPassed, approved and adopted this 15th day of Members Kluesner, Krieg, Nagle, Nicholson,May, 1995. Robbins. Nays—None. Absent—MayorDirk N. Voetberg, Mayor Pro-Tem Duggan.Attest: Mary A. Davis. City Clerk City Manager responding to Dubuque ColtsCouncil Member Kluesner moved adoption of regarding parking in residential parking districtthe Resolution. Seconded by Council Member near Senior High School during their events,Robbins. Carried by the following vote: presented and read. Council Member Krieg movedYeas—Mayor Pro-tem Voetberg, Council that the communication be received and filed andMembers Kluesner, Krieg, Nagle, Nicholson, referred to the City Manager. Seconded byRobbins. Nays—None. Absent—Mayor Council Member Nagle. Carried by the followingDuggan. vote: Yeas—Mayor Pro-tem Voetberg, Council Members Kluesner, Krieg, Nagle, Nicholson,City Manager recommending approval to allow Robbins. Nays—None. Absent—Mayor Duggan.Selco, Inc. to use an unimproved portion of a public alley adjacent to their property at 15 South City Manager recommending approval ofMain St., presented and read. Council Member Economic Opportunity Loan to Avery Butler,Kluesner moved that the communication be Butler Contracting, presented and read. Councilreceived and filed. Seconded by Council Member Member Kluesner moved that the communicationRobbins. Carried by the following vote: be received and filed. Seconded by CouncilYeas—Mayor Pro-tem Voetberg, Council Member Robbins. Carried by the following vote:Members Kluesner, Krieg, Nagle, Nicholson, Yeas—Mayor Pro-tem Voetberg, CouncilRobbins. Nays—None. Absent—Mayor Members Kluesner, Krieg, Nagle, Nicholson,Duggan. Robbins. Nays—None. Absent—Mayor Duggan.An Ordinance Authorizing Selco, Inc., to construct a storage and drive area for costs of RESOLUTION NO. 189-95$1,087.00 per year, presented and read. RESOLUTION AUTHORIZING A LETTER OF COMMITMENT AND ADDITIONAL(OFFICIAL PUBLICATION) ACTIONS CONCERNING AN ENTERPRISEORDINANCE NO. 29-95 8 Regular Session, May 15, 1995 AN ORDINANCE AUTHORIZING SELCO,Council, permittees, or their successors in interest, as owners of the abutting property, shall within ten INC. TO CONSTRUCT A STORAGE AND (10) days after receipt of written notice from the DRIVE AREA NOW, THEREFORE, BE IT ORDAINED BYCity Manager, so to do, at their own expense, THE CITY COUNCIL OF THE CITY OFremove said storage and drive and in the event of DUBUQUE, IOWA:their failure to do so, the City of Dubuque shall be Section 1. That Selco, Inc. as the owner of theauthorized to remove said storage and drive at premises known as 15 South Main, Dubuque,permittees' expense and dispose of the same, and Iowa, and legally described as Lots 1, 2, 3 and 4 ofthe permittee shall have no claim against the City Block 13 of Dubuque Harbor Company's Additionor its agents for damages resulting from the in the City of Dubuque, Iowa be and they areremoval of said storage and drive. hereby granted the revocable permit and authoritySection 5. That permittees covenant and agree to construct and maintain storage and drive underthat the revocable permit herein granted does not the terms and conditions set forth in thisconstitute an approval of the design, erection, Ordinance.location, construction, repair or maintenance of Section 2. That such construction shall be donesaid facility and said permittees hereby covenant in accordance with plans heretofore submitted byand agree not to assert such claim or defense permittees and approved by the City Manager,against the City of Dubuque in the event of claim under the supervision and direction of the Cityasserted for death, personal injuries and/or Manager, and in accordance with all applicableproperty damage against the permittees arising out state and federal laws and regulations, and theof or in any way connected with the location, Ordinances of the City of Dubuque.installation, construction, design, repair and Section 3. That the permission herein grantedmaintenance of the facility herein permitted. is expressly conditioned on permittees' agreementSection 6. That as a condition of this license, to:Selco, Inc. will provide access to Freedom, Inc., a.Assume any and all liability for damages totheir successors and assigns, or their tenant to persons or property which may result from theerect, repair, maintain, improve, etc., the fence existence, location, installation, construction orbordering the Freedom, Inc. property and said maintenance of said storage and drive; andpublic alley upon receipt of written 48 hour notice b.Selco, Inc. further agrees to procure andby Freedom, Inc. maintain in force during the term of this permitSection 7. This Ordinance shall become a policy of liability insurance insuring theeffective and the rights hereunder accrue to Selco, liability of the City of Dubuque, Iowa, fromInc. when this Ordinance has been adopted by the any casualty claims arising out of the permit forCity Council and the terms and conditions thereof the use of said premises or the operationaccepted by permittees by acceptance endorsed on conducted thereon and said liability policy shallthis Ordinance. be written with minimal limits of not less thanSection 8. That the City Clerk be and she is $1,000,000.00 for injuries to any one personauthorized and directed to file at permittees' and not less than $1,000,000.00 for any oneexpense a copy of this ordinance in the Office of accident and for not less than $1,000,000.00the Recorder in and for Dubuque County, Iowa. for property damage.Passed, approved and adopted this 15th day of c.Pay on behalf of the City of Dubuque, all sumsMay, 1995. which the City of Dubuque shall becomeDirk N. Voetberg, Mayor Pro-Tem obligated to pay by reason of the liabilityAttest: imposed upon the City of Dubuque forMary A. Davis, City Clerk damages of any kind resulting from theACCEPTANCE OF ORDINANCE location, installation, existence, construction orNO. 29-95 maintenance of said storage and drive sustainedThe undersigned having read and being by any person or persons, caused by accident orfamiliar with the terms and conditions of otherwise to defend at its own expense and onOrdinance No. 29-95, hereby, for themselves, their behalf of said City any claim against the City ofsuccessors or assigns, as owners of the abutting Dubuque arising out of the location,property, accept the same and agree to be bound by installation, existence, construction orthe conditions and agreements therein contained to maintenance of storage and drive and to paybe performed by permittees. reasonable attorney fees therefor; andBy:/s/ Clark W. Wolff d.Make payment of $1,087.00 per year, payableTitle: President in advance on the 1st day of each May of eachDated: May 11, 1995 year the permit remains in effect. Published officially in the Telegraph Herald e.Indemnify, defend and hold the City ofnewspaper this 22nd day of May, 1995. Dubuque free and harmless from any and all1t 5/22Mary A. Davis CMC, City Clerk claims, loss, liability and expense for deathCouncil Member Kluesner moved that the and/or injuries to third persons or damages to requirement that a proposed Ordinance be property of third persons, or for damage to anyconsidered and voted on for passage at two property of the City of Dubuque which mayCouncil Meetings prior to the meeting at which it occur as a result of or in connection with theis to be finally passed be suspended. Seconded by location, installation, construction, maintenance Council Member Robbins. Carried by the and repair of the facility, work or improvementfollowing vote: Yeas—Mayor Pro-tem Voetberg, permitted herein.Council Members Kluesner, Krieg, Nagle, Section 4. That the permission herein granted Nicholson, Robbins. Nays—None. is expressly conditioned upon permittees' furtherAbsent—Mayor Duggan. agreement that should the right and privilegeCouncil Member Kluesner moved final herein granted be rescinded or revoked by the Cityconsideration and passage of the Ordinance. Regular Session, May 15, 19959 Seconded by Council Member Robbins. Carriedand repair of the facility, work or improvement by the following vote: Yeas—Mayor Pro-tempermitted herein. Voetberg, Council Members Kluesner, Krieg,Section 4. That the permission herein granted Nagle, Nicholson, Robbins. Nays—None.is expressly conditioned upon permittees' further Absent—Mayor Duggan.agreement that should the right and privilege herein granted be rescinded or revoked by the City City Manager recommending approval ofCouncil, permittees, or their successors in interest, Schilling Hardware to install a mansard roofas owners of the abutting property, shall within ten canopy at 265 West First St., presented and read.(10) days after receipt of written notice from the Council Member Kluesner moved that theCity Manager, so to do, at their own expense, communication be received and filed. Secondedremove said mansard roof canopy and in the event by Council Member Nagle. Carried by theof their failure to do so, the City of Dubuque shall following vote: Yeas—Mayor Pro-tem Voetberg,be authorized to remove said mansard roof canopy Council Members Kluesner, Krieg, Nagle,at permittees' expense and dispose of the same, and Nicholson, Robbins. Nays—None.the permittee shall have no claim against the City Absent—Mayor Duggan.or its agents for damages resulting from the removal of said mansard roof canopy. An Ordinance Authorizing Schilling HardwareSection 5. That permittees covenant and agree to construct a mansard roof canopy, presented andthat the revocable permit herein granted does not read.constitute an approval of the design, erection, location, construction, repair or maintenance of (OFFICIAL PUBLICATION)said facility and said permittees hereby covenant and agree not to assert such claim or defense ORDINANCE NO. 30-95 AN ORDINANCE AUTHORIZINGagainst the City of Dubuque in the event of claim SCHILLING HARDWARE TOasserted for death, personal injuries and/or CONSTRUCT A MANSARD ROOFproperty damage against the permittees arising out of or in any way connected with the location, CANOPY NOW, THEREFORE, BE IT ORDAINED BYinstallation, construction, design, repair and THE CITY COUNCIL OF THE CITY OFmaintenance of the facility herein permitted. DUBUQUE, IOWA:Section 6. This Ordinance shall become Section 1. That Schilling Hardware as theeffective and the rights hereunder accrue to owner of the premises known as 265 W. 1st Street,Schilling Hardware when this Ordinance has been Dubuque, Iowa, and legally described as City Lotadopted by the City Council and the terms and 81 be and they are hereby granted the revocableconditions thereof accepted by permittees by permit and authority to construct and maintainacceptance endorsed on this Ordinance. mansard roof canopy under the terms andSection 7. That the City Clerk be and she is conditions set forth in this Ordinance.authorized and directed to file at permittees' Section 2. That such construction shall be doneexpense a copy of this ordinance in the Office of in accordance with plans heretofore submitted bythe Recorder in and for Dubuque County, Iowa. permittees and approved by the City Manager,Passed, approved and adopted this 15th day of under the supervision and direction of the CityMay, 1995. Manager, and in accordance with all applicableDirk N. Voetberg, Mayor Pro-Tem state and federal laws and regulations, and theAttest: Ordinances of the City of Dubuque. Section 3. That the permission herein grantedMary A. Davis, City Clerk is expressly conditioned on permittees' agreementACCEPTANCE OF ORDINANCE to:NO. 30-95 a.Assume any and all liability for damages toThe undersigned having read and being persons or property which may result from thefamiliar with the terms and conditions of existence, location, installation, construction orOrdinance No. 30-95, hereby, for themselves, maintenance of said mansard roof canopy; andtheir successors or assigns, as owners of the b.Pay on behalf of the City of Dubuque, all sumsabutting property, accept the same and agree to be which the City of Dubuque shall becomebound by the conditions and agreements therein obligated to pay by reason of the liabilitycontained to be performed by permittees. imposed upon the City of Dubuque forBy: /s/ J. Paul Sandman damages of any kind resulting from theTitle: Owner location, installation, existence, construction orDated: 5-10-95 maintenance of said mansard roof canopyPublished officially in the Telegraph Herald sustained by any person or persons, caused bynewspaper this 16th day of May, 1995. accident or otherwise to defend at its own1t 5/16Mary A. Davis CMC, City Clerk expense and on behalf of said City any claimCouncil Member Kluesner moved that the against the City of Dubuque arising out of therequirement that a proposed Ordinance be location, installation, existence, construction orconsidered and voted on for passage at two maintenance of mansard roof canopy and to Council Meetings prior to the meeting at which it pay reasonable attorney fees therefor; andis to be finally passed be suspended. Seconded by c.Indemnify, defend and hold the City ofCouncil Member Nagle. Carried by the following Dubuque free and harmless from any and allvote: Yeas—Mayor Pro-tem Voetberg, Council claims, loss, liability and expense for death Members Kluesner, Krieg, Nagle, Nicholson, and/or injuries to third persons or damages toRobbins. Nays—None. Absent—Mayor property of third persons, or for damage to anyDuggan. property of the City of Dubuque which mayCouncil Member Kluesner moved final occur as a result of or in connection with the consideration and passage of the Ordinance. location, installation, construction, maintenanceSeconded by Council Member Nagle. Carried by 10 Regular Session, May 15, 1995 the following vote: Yeas—Mayor Pro-temAn Ordinance Amending Code of Ordinances Voetberg, Council Members Kluesner, Krieg,by modifying subsection (b) of Section 32-216 Nagle, Nicholson, Robbins. Nays—None.thereof providing for the addition of a "Yield Sign" Absent—Mayor Duggan..at the intersection of Miller Road and Kelly Lane, presented and read. City Manager recommending installation of "Stop" sign for eastbound traffic on frontage road south of U.S. 20 at Brunskill Road and "Yield" sign for southbound traffic on Miller Road at Kelly Lane, presented and read. Council Member Kluesner moved that the communication be(OFFICIAL PUBLICATION) received and filed. Seconded by Council MemberORDINANCE NO. 32-95 Nagle. Carried by the following vote:AN ORDINANCE AMENDING THE CODE Yeas—Mayor Pro-tem Voetberg, Council OF ORDINANCES OF THE CITY OF Members Kluesner, Krieg, Nagle, Nicholson,DUBUQUE, IOWA, BY MODIFYING Robbins. Nays—None. Absent—MayorSUBSECTION (b) OF SECTION 32-216 Duggan. THEREOF PROVIDING FOR THE An Ordinance Amending Code of OrdinancesADDITION OF A YIELD SIGN AT THE by modifying subsection (b) of Section 320-214INTERSECTION OF MILLER ROAD AND thereof providing for the addition of a "Stop Sign"KELLY LANE at the intersection of the frontage road andNOW, THEREFORE, BE IT ORDAINED BY Brunskill Road, presented and read. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: (OFFICIAL PUBLICATION)Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding ORDINANCE NO. 31-95 AN ORDINANCE AMENDING THE CODEMiller to Subsection (b) of Section 32-216 thereof OF ORDINANCES OF THE CITY OFas follows: "Sec. 32-216. Yield Intersections. DUBUQUE, IOWA, BY MODIFYING (b) SUBSECTION (b) OF SECTION 32-214 THEREOF PROVIDING FOR THE* * * * ADDITION OF A STOP SIGN AT THE(2) Southbound Vehicles Miller Road and Kelly Lane INTERSECTION OF THE FRONTAGE ROAD AND BRUNSKILL ROADPassed, approved and adopted this 15th day of NOW, THEREFORE, BE IT ORDAINED BYMay, 1995. THE CITY COUNCIL OF THE CITY OFDirk N. Voetberg, Mayor Pro-Tem DUBUQUE, IOWA:Attest: Section 1. That the Code of Ordinances of theMary A. Davis, City Clerk City of Dubuque, Iowa be amended by adding thePublished officially in the Telegraph Herald frontage road south of Highway 20 to Subsectionnewspaper this 22nd day of May, 1995. (b) of Section 32-214 thereof as follows: 1t 5/22Mary A. Davis CMC, City Clerk "Sec. 32-214. Stop Intersections.Council Member Kluesner moved that the (b)requirement that a proposed Ordinance be * * * * Eastbound considered and voted on for passage at two Frontage Road, south of Highway 20 andCouncil Meetings prior to the meeting at which it Brunskill Road.is to be finally passed be suspended. Seconded by Passed, approved and adopted this 15th day ofCouncil Member Nagle. Carried by the following May, 1995. vote: Yeas—Mayor Pro-tem Voetberg, Council Dirk N. Voetberg, Mayor Pro-TemMembers Kluesner, Krieg, Nagle, Nicholson, Attest:Robbins. Nays—None. Absent—Mayor Mary A. Davis, City ClerkDuggan. Published officially in the Telegraph HeraldCouncil Member Kluesner moved final newspaper this 22nd day of May, 1995.consideration and passage of the Ordinance. 1t 5/22Mary A. Davis CMC, City ClerkSeconded by Council Member Nagle. Carried by Council Member Kluesner moved that thethe following vote: Yeas—Mayor Pro-tem requirement that a proposed Ordinance beVoetberg, Council Members Kluesner, Krieg, considered and voted on for passage at twoNagle, Nicholson, Robbins. Nays—None. Council Meetings prior to the meeting at which itAbsent—Mayor Duggan. is to be finally passed be suspended. Seconded by Council Member Nagle. Carried by the followingCity Manager submitting changes to the vote: Yeas—Mayor Pro-tem Voetberg, CouncilParking Ordinance (3), presented and read. Members Kluesner, Krieg, Nagle, Nicholson,Council Member Nagle moved that the Robbins. Nays—None. Absent—Mayorcommunication be received and filed. Seconded Duggan.by Council Member Robbins. Carried by the Council Member Kluesner moved finalfollowing vote: Yeas—Mayor Pro-tem Voetberg, consideration and passage of the Ordinance. Council Members Kluesner, Krieg, Nagle, Seconded by Council Member Nagle. Carried byNicholson, Robbins. Nays—None. the following vote: Yeas—Mayor Pro-temAbsent—Mayor Duggan. Voetberg, Council Members Kluesner, Krieg,An Ordinance Amending Section 32-262(g) of Nagle, Nicholson, Robbins. Nays—None.the Code of Ordinances by adding the West side of Absent—Mayor Duggan.White Street from East 13th to East 14th Street to the Municipal Parking Meter District, presented and read. Regular Session, May 15, 199511 NOW, THEREFORE, BE IT ORDAINED BY (OFFICIAL PUBLICATION) ORDINANCE NO. 33-95THE CITY COUNCIL OF THE CITY OF AN ORDINANCE AMENDING THE CODEDUBUQUE, IOWA: OF ORDINANCES OF THE CITY OFSection 1. That the code of Ordinances of the City of Dubuque, Iowa, be amended by repealing DUBUQUE, IOWA, BY REPEALING SEC. 32-262(g) RELATING TO THE TWO HOURSection 32-334 and adopting in lieu thereof the PARKING ZONE ON WHITE STREET,following new Section 32-334: Sec. 32-334. Spaces AND ESTABLISHING A NEW TWO HOUR The City Manager shall have lines or markings PARKING ZONE ON WHITE STREET, EAST SIDE, FROM EAST 13TH STREETpainted or fixed upon the curb or upon the TO EAST 14TH STREET.street adjacent to each parking meter NOW, THEREFORE, BE IT ORDAINED BYdesignating the parking space for which such THE CITY COUNCIL OF THE CITY OFmeter is to be used and each vehicle parked DUBUQUE, IOWA:adjacent to any parking meter shall park within Section 1. That Sec. 32-262 (g) of the Code ofsuch lines or markings. It shall be unlawful to Ordinances of the City of Dubuque, Iowa, relatingpark any vehicle across any such line or to the two hour parking zone on White Street ismarking or to park such vehicle in such a hereby repealed by deleting the followingposition that the same shall not be entirely therefrom:within the space designated by such lines or White Street, both sides, from East 13th Street tomarkings. It shall be unlawful to park any East 14th Street.vehicle outside of a marked space within the Section 2. That Sec. 32-262 (g) of the Code ofparking meter district. Ordinances of the City of Dubuque, Iowa, isPassed, approved and adopted this 15th day of amended by adding the following:May, 1995. White Street, East side, from East 13th Street toDirk N. Voetberg, Mayor Pro-Tem East 14th Street.Attest: Passed, approved and adopted this 15th day ofMary A. Davis, City Clerk May, 1995.Published officially in the Telegraph Herald Dirk N. Voetberg, Mayor Pro-Temnewspaper this 1st day of June, 1995. Attest:1t 6/1 Mary A. Davis, CMC, City Clerk Mary A. Davis, City ClerkCouncil Member Nagle moved that the Published officially in the Telegraph Heraldrequirement that a proposed Ordinance be newspaper this 1st day of June, 1995.considered and voted on for passage at two 1t 6/1Mary A. Davis CMC, City ClerkCouncil Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Council Member Nagle moved that the requirement that a proposed Ordinance beCouncil Member Robbins. Carried by the considered and voted on for passage at twofollowing vote: Yeas—Mayor Pro-tem Voetberg, Council Members Kluesner, Krieg, Nagle, Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded byNicholson, Robbins. Nays—None. Council Member Robbins. Carried by theAbsent—Mayor Duggan. following vote: Yeas—Mayor Pro-tem Voetberg,Council Member Nagle moved final consideration and passage of the Ordinance. Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins. Nays—None.Seconded by Council Member Robbins. Carried Absent—Mayor Duggan.by the following vote: Yeas—Mayor Pro-tem Council Member Nagle moved finalVoetberg, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins. Nays—None. consideration and passage of the Ordinance. Seconded by Council Member Robbins. CarriedAbsent—Mayor Duggan. by the following vote: Yeas—Mayor Pro-tem An Ordinance Amending Code of Ordinances Voetberg, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins. Nays—None.by adding to Section 32-336 thereto the South side Absent—Mayor Duggan.of Fifteenth Street between Iowa Street and the alley West of Central Avenue, to the Municipal Parking Meter District, presented and read. An Ordinance Amending Section 32-334 of the Code of Ordinances providing for the control of parking meter stall parking and prohibiting the(OFFICIAL PUBLICATION) parking of any vehicle outside a marked stallORDINANCE NO. 35-95 within the metered business district, presented andAN ORDINANCE AMENDING SEC. 32-336 read. OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA (OFFICIAL PUBLICATION)ESTABLISHING A MUNICIPAL PARKING ORDINANCE NO. 34-95METER DISTRICT BY ADDING THERETO AN ORDINANCE AMENDING THE CODETHE SOUTH SIDE OF 15TH STREET BETWEEN IOWA STREET AND THE OF ORDINANCES FOR THE CITY OF DUBUQUE, IOWA, BY REPEALINGALLEY WEST OF CENTRAL AVENUE, SECTION 32-334 RELATING TO PARKINGAND THE WEST SIDE OF WHITE STREET SPACES AND ADOPTING IN LIEUBETWEEN 13TH AND 14TH STREETS. NOW, THEREFORE, BE IT ORDAINED BY THEREOF A NEW SECTION 32-344 THE CITY COUNCIL OF THE CITY OF PROVIDING FOR THE CONTROL OF PARKING SPACES AND PROHIBITINGDUBUQUE, IOWA: Section 1. That Section 32-336 of the Code of THE PARKING OF ANY VEHICLE Ordinances of the City of Dubuque, Iowa, be OUTSIDE A MARKED SPACE WITHIN amended by adding thereto as follows: THE PARKING METER DISTRICT EAST-WEST STREETS: 12 Regular Session, May 15, 1995 15th Street, south side, between Iowa Street andFDL Foods - CafeteriaAramark Corp. the alley west of Central Avenue.701 E. 16th ST NORTH-SOUTH STREETS:FDL Foods - Retail MrktFDL Foods White Street, west side between 13th Street and701 E. 16th St 14th Street.Family Beverage Center Passed, approved and adopted this 15th day ofFamily Beverage Center3400 Central Ave May, 1995.Family Mart, Inc.Family Mart, Inc. Dirk N. Voetberg, Mayor3201 Central Ave Attest:Hartig Drug Com.Hartig Drug Co. Inc. Mary A. Davis, City Clerk2255 JFK Rd Published officially in the Telegraph HeraldHartig Drug Com.Hartig Drug Co. Inc. newspaper this 1st day of June, 1995.2225 Central Ave 1t 6/1Mary A. Davis CMC, City ClerkHartig Drug Com.Hartig Drug Co. Inc. 157 Locust St Council Member Nagle moved that the requirement that a proposed Ordinance beHartig Drug Com.Hartig Drug Co. Inc. considered and voted on for passage at two7th & Town Clock Plaza Council Meetings prior to the meeting at which itHill St Plaza Inc.Hill St Plaza Inc. is to be finally passed be suspended. Seconded by535 Hill St Council Member Robbins. Carried by theHouse of ChinaHouse of China Co following vote: Yeas—Mayor Pro-tem Voetberg,170 JFK Rd Julien InnVendors Unlimited Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins. Nays—None.200 Main St Absent—Mayor Duggan.Long Yuen Chinese Restr.Sam W. Chiu Council Member Nagle moved final2600 Dodge St Monte Carlo Restr.Chung Lim Gee consideration and passage of the Ordinance. Seconded by Council Member Robbins. Carried345 Main St #2 by the following vote: Yeas—Mayor Pro-temNeighbor's Tap, Inc.Neighbor's Tap Inc. Voetberg, Council Members Kluesner, Krieg,1899 Rockdale Rd Oky Doky # 7Albert J. Heiberger Nagle, Nicholson, Robbins. Nays—None. Absent—Mayor Duggan.3301 Pennsylvania Pipe InnBetty Kremer 555 JFK - Mall City Manager submitting Boards/Commissions Study meetings schedule and requestingPlaza 20 AMOCO Foodshop discussion, was presented. City Manager directedMulgrew Oil Co.2600 Dodge St to change schedule and dates as needed. Venture Stores, IncVenture Stores, Inc 255 JFK Rd RESOLUTION NO. 190-95WalgreensWalgreen Co. NOW, THEREFORE, BE IT RESOLVED BY555 JFK - Mall THE CITY COUNCIL OF THE CITY OFPassed, approved and adopted this 15th day of May, 1995. DUBUQUE, IOWA: That the following having complied with theDirk N. Voetberg, Mayor Pro-Tem provisions of law relating to the saleAttest: Mary A. Davis, City Clerk of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and CigaretteCouncil Member Kluesner moved adoption of Papers within said City.the Resolution. Seconded by Council Member AY McDonaldsAramark Corp.Nagle. Carried by the following vote: Yeas—Mayor Pro-tem Voetberg, Council 4085 McDonald Dr. Airport InnAirport InnMembers Kluesner, Krieg, Nagle, Nicholson, 574 E. 16thRobbins. Nays—None. Absent—Mayor AMOCO Food ShopMulgrew Oil Co.Duggan. 1450 Loras Asbury FastopMulgrew Oil Co.RESOLUTION NO. 191-95 3300 Asbury RdWhereas, applications for Liquor Licenses have Big 10 MartMolo Oil Co.been submitted to this Council for 2100 JFK Rdapproval and the same have been examined and Big 10 Mart & Car WashMolo Oil Co.approved; and 1875 JFK RdWhereas, the premises to be occupied by such applicants were inspected and found to Big 10 MartMolo Oil Co. 9th & Centralcomply with the State Laws and all City Bunker Hill Snack BarGeorge StephensonOrdinances relevant thereto and they have filed 2200 Bunker Hill Drproper bonds. NOW, THEREFORE, BE IT RESOLVED BY Casey's General StoreAngel Investment 2699 RockdaleTHE CITY COUNCIL OF THE CITY OF Casey's General StoreThe Monday Co.DUBUQUE, IOWA: 4003 Peru RdThat the Manager be authorized to cause to be issued the following named applicants Creslanes Bowling Inc.Crescent Electr. 255 S. Maina Liquor License. Cue Master BilliardsCue Master Billiards Ltd900 Central AveCLASS "A" (CLUB) BEER/LIQUOR LICENSES Days InnVendors Unlimited 1111 Dodge StDubuque Golf & Country Club Dubuque Inn Best WesternDubuque Golf & Country Club Vendors Unlimited3434 Dodge St1800 Randall Pl. Regular Session, May 15, 199513 +(Sunday & Outdoor Serv) Voetberg. Nays—None. Abstain—Council CLASS "C" (COMMERCIAL)Member Nicholson. Absent—Mayor Duggan. BEER/LIQUOR LICENSE Beverly A. LarsenDenny's Lux ClubAn Ordinance Amending Zoning Map by +(Sunday Sales)3050 Asbury Rdreclassifying property located at 109-111 S. Booth D.B.Q. Inc.Shot Tower InnSt. from R-1 Single-Family Residential District to +(Sunday Sales)390 Locust StR-2 Two-Family Residential District, presented M.M. & H.Silver Dollar Cantinaand read. Council Member Kluesner moved that +(Sunday Sales)342 Main Sta Public Hearing be held on the proposed CLASS C "BW" SPECIALOrdinance on the 5th day of June, 1995, at 7:00 BEER/LIQUOR LICENSEo'clock p.m. at the Public Library Auditorium and Weaver EnterprisesPapa Sarducci'sthat the City Clerk be directed to publish notice in +(Sunday Sales)1894 JFK Rdthe manner prescribed by law. Seconded by Passed, approved and adopted this 15th day ofCouncil Member Robbins. Carried by the May, 1995following vote: Yeas—Mayor Pro-Tem Voetberg, Dirk N. Voetberg, Mayor Pro-Tem Council Members Kluesner, Krieg, Nagle, Attest:Nicholson. Nays—None. Absent—Mayor Mary A. Davis, City ClerkDuggan, Council Member Nicholson. Council Member Kluesner moved adoption of the Resolution. Seconded by Council MemberZoning Commission advising of their approval Nagle. Carried by the following vote:to amend Planned District Amendment to allow Yeas—Mayor Pro-tem Voetberg, Councilbuilding expansion (Luther Manor Nursing Members Kluesner, Krieg, Nagle, Nicholson,Home), presented and read. Council Member Robbins. Nays—None. Absent—MayorKluesner move that the communication be received Duggan.and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Pro- American Legion, Post #6 requesting to transfertem Voetberg, Council Members Kluesner, Krieg, their Liquor License from 1306 Delhi Street toNagle, Nicholson, Robbins. Nays—None. Diamond Jo Casino parking lot on May 28th,Absent—Mayor Duggan. presented and read. Council Member Kluesner moved to approve the transfer. Seconded byAn Ordinance Amending Planned District Council Member Nagle. Carried by the followinglocated at 3131 Hillcrest Road to allow building vote: Yeas—Mayor Pro-tem Voetberg, Councilexpansion to provide specialized care for the needs Members Kluesner, Krieg, Nagle, Nicholson,of Alzheimer patients, presented and read. Council Robbins. Nays—None. Absent—Mayor Duggan.Member Kluesner moved that a Public Hearing be held on the proposed Ordinance on the 5th day of Zoning Commission advising of their approvalJune, 1995, at 7:00 o'clock p.m. at the Public to reclassify property located at 1320 Locust StreetLibrary Auditorium and that the City Clerk be from OC to OR District (Patricia Friedman),directed to publish notice in the manner prescribed presented and read. Council Member Kluesnerby law. Seconded by Council Member Nagle. moved that the communication be received andCarried by the following vote: Yeas—Mayor Pro- filed. Seconded by Council Member Robbins.tem Voetberg, Council Members Kluesner, Krieg, Carried by the following vote: Yeas—Mayor Pro-Nagle, Nicholson, Robbins. Nays—None. tem Voetberg, Council Members Kluesner, Krieg,Absent—Mayor Duggan. Nagle, Nicholson, Robbins. Nays—None. Absent—Mayor Duggan.At 8:09 Council Member Kluesner moved to go into Closed Session - In accordance with Chapter An Ordinance Amending Zoning Map by21.5 1.(c) To discuss strategy with counsel in reclassifying property located at 1320 Locustmatters where litigation is imminent. Seconded by Street from OC Office Commercial District to ORCouncil Member Nagle. Carried by the following Office Residential District, presented and read.vote: Yeas—Mayor Pro-tem Voetberg, Council Council Member Kluesner moved that a PublicMembers Kluesner, Krieg, Nagle, Nicholson, Hearing be held on the proposed Ordinance on theRobbins. Nays—None. Absent—Mayor Duggan. 5th day of June, 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 mannerCouncil reconvened Regular Session at 8:38 prescribed by law. Seconded by Council Memberp.m. and Legal Staff was given proper direction. Robbins. Carried by the following vote: Yeas—Mayor Pro-tem Voetberg, CouncilThere being no further business, Council Members Kluesner, Krieg, Nagle, Nicholson,Member Krieg moved to adjourn the meeting. Robbins. Nays—None. Absent—MayorSeconded by Council Member Kluesner. Carried Duggan.by the following vote: Yeas—Mayor Pro-tem Voetberg, Council Members Kluesner, Krieg, Zoning Commission advising of their approvalNagle, Nicholson, Robbins. Nays—None. to reclassify property located at 109-111 S. BoothAbsent—Mayor Duggan. Meeting adjourned at Street from R-1 to R-2 District (Jon and Joan8:39 p.m. McCarron), presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Robbins. Carried by the following vote:Mary A. Davis CMC Yeas—Mayor Pro-Tem Voetberg, CouncilCity Clerk Members Kluesner, Krieg, Nagle, Robbins, 14 Regular Session, May 15, 1995 Approved ______________________, 1996. Adopted _______________________, 1996. ____________________________________ Mayor ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ Council Members Attest: ____________________________________ City Clerk Special Session, May 30, 19951 DUBUQUE Approved ______________________, 1996. Adopted _______________________, 1996. CITY COUNCIL ____________________________________ OFFICIAL Mayor PROCEEDINGS ____________________________________ Special Session, Tuesday, May 30, 1995 ____________________________________ Council met at 4:30 P.M., Conference Room "B" Second Floor, City Hall ____________________________________ Present: Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen. ____________________________________ Absent: Council Member Nagle. Mayor Duggan read the call and stated this is ____________________________________ a Special Session of the City Council called for the purpose to go into Closed Session in ____________________________________ accordance with Chapter 21.5 1(1) of the 1995 Council Members Code of Iowa to evaluate the professional competency of the City Manager who has requested this Closed Session.Attest: At 4:34 P.M., Council Member Voetberg ____________________________________ moved to go into Closed Session to evaluate the City Clerk professional competency of the City Manager. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Nagle. Council reconvened at 5:29 P.M. The Clerk was directed to place the matter of City Manager's wage adjustment on the next Council Agenda. There being no further business, Council Member Voetberg moved to adjourn the meeting. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Nagle. Meeting adjourned at 5:30 p.m. Mary A. Davis CMC City Clerk