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1995 July Council Proceedings2 Regular Session, July 3, 1995 claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council DUBUQUE Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, CITY COUNCIL Voetberg. Nays—None. Corporation Counsel advising the following OFFICIAL claims have been referred to Crawford & Company, the agent for the Iowa Communities PROCEEDINGS Assurance Pool: Personal injury of Melody M. Dillon, Car damage of Clyde T. Schrodt, Personal injury and property damage of Diane TeKippe, presented and read. Council Member Nagle City Council, Regular Session, July 3, 1995 Council Met at 7:00 p.m., Public Librarymoved that the communication be received and Auditoriumfiled. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Present: Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins,Duggan, Council Members Kluesner, Krieg, Voetberg, City Manager Michael Van Milligen,Nagle, Nicholson, Robbins, Voetberg. Nays—None. Corporation Counsel Barry A. Lindahl. Mayor Duggan read the call and stated this isCorporation Counsel recommending denial of the Regular Session of the City Council called forcar damage claim of Lou Mae English, presented and read. Council Member Nagle moved that the the purpose to act upon such business which may communication be received and filed and approved properly come before the Council. denial. Seconded by Council Member Nicholson. Invocation was given by Sr. Jeanne Wickham,Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, OSF, Chaplain, Mercy Hospital. Nagle, Nicholson, Robbins, Voetberg. PROCLAMATION: July 7, 8 and 9, 1995 asNays—None. "Vietnam Veterans' Days" received by Charlie Corporation Counsel recommending Brimeyer. settlements of following claims: car damage of MINUTES SUBMITTED — AirportRosalyn M. Langkamp in amount of $527.64; Car damage of Kevin Hoffman in the amount $389.10, Commission of 5-9; Cable Community presented and read. Council Member Nagle Teleprogramming Commission of 6-27; Cable TV Regulatory Commission of 6-14; Housing Codemoved that the communications be received and Appeals Board of 3-21; Housing Commission of 6-filed and approved with Finance Director to issue proper checks. Seconded by Council Member 13; Human Rights Commission of 5-8; Long Nicholson. Carried by the following vote: Range Planning Commission of 6-21; Park & Recreation Commission of 6-13; Zoning Board ofYeas—Mayor Duggan, Council Members Adjustment of 6-22, presented and read. CouncilKluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Member Nagle moved that the minutes be received and filed. Seconded by Council Member Nicholson. Carried by the following vote:Arnold Honkamp submitting his resignation as a member of the Airport Commission effective Yeas—Mayor Duggan, Council Members June 30, 1995, presented and read. Council Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None.Member Nagle moved the communication be received and filed and accepted with regret. Seconded by Council Member Nicholson. Carried Printed Council Proceedings for the months of by the following vote: Yeas—Mayor Duggan, May, June and July, 1994 for Council approval, presented and read. Council Member NagleCouncil Members Kluesner, Krieg, Nagle, moved that the proceedings be approved as printed.Nicholson, Robbins, Voetberg. Nays—None. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan,Catherine Boardman requesting a yield sign be Council Members Kluesner, Krieg, Nagle,placed at corner of Oak & Burns Streets, presented and read. Council Member Nagle moved that the Nicholson, Robbins, Voetberg. Nays—None. matter be referred to the City Manager for NOTICES OF CLAIMS/SUITS — Doloresinvestigation and report. Seconded by Council Reynolds in unknown amount for personal injuriesMember Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members and damages sustained; B. J. Realty and Computer Kluesner, Krieg, Nagle, Nicholson, Robbins, Doctors, Inc. in unknown amount for property damages; Dubuque Professional FirefightersVoetberg. Nays—None. Association Local #353 submitting "Petition for Susan O'Brien advising of no objections to Dan Judicial Review"; Dubuque Policemen's Protective Regan purchasing portion of city alley bordering Association submitting "Prohibited Practice Complaint" against the City of Dubuque; Dubuque1552 University Avenue, presented and read. Council Member Nagle moved that the Professional Firefighters' Association, Local 353 communication be received and filed. Seconded submitting "Prohibited Practice Complaint" against the City of Dubuque; Kelly Soley inby Council Member Nicholson. Carried by the amount of $99.53 for vehicle damages, presentedfollowing vote: Yeas—Mayor Duggan, Council and read. Council Member Nagle moved that the Regular Session, July 3, 19953 Members Kluesner, Krieg, Nagle, Nicholson,accordance with State Statues from funds in the Robbins, Voetberg. Nays—None.Water Departments FY ‘95 CIP Budget. Passed, approved and adopted this 3rd day of Lyle Whalen requesting to purchase Lots 2AJuly, 1995.. and 2B Dubuque Harbor Company's AdditionTerrance M. Duggan, Mayor located on South Main Street, presented and read.Attest: Council Member Nagle moved that theMary A. Davis, City Clerk communication be received and filed and matterCouncil Member Nagle moved adoption of the referred to the City Manager and Staff. SecondedResolution. Seconded by Council Member by Council Member Nicholson. Carried by theNicholson. Carried by the following vote: following vote: Yeas—Mayor Duggan, CouncilYeas—Mayor Duggan, Council Members Members Kluesner, Krieg, Nagle, Nicholson,Kluesner, Krieg, Nagle, Nicholson, Robbins, Robbins, Voetberg. Nays—None.Voetberg. Nays—None. Dubuque Symphony Orchestra requestingCity Manager recommending acceptance of permission to hold fireworks display on SeptemberFourth Pressure Zone Pump Station project, 3, 1995 at the Ice Harbor, presented and read.presented and read. Council Member Nagle Council Member Nagle moved that the request bemoved that the communication be received and approved, subject to implementation of the Cityfiled. Seconded by Council Member Nicholson. Manager. Seconded by Council MemberCarried by the following vote: Yeas—Mayor Nicholson. Carried by the following vote:Duggan, Council Members Kluesner, Krieg, Yeas—Mayor Duggan, Council MembersNagle, Nicholson, Robbins, Voetberg. Kluesner, Krieg, Nagle, Nicholson, Robbins,Nays—None. Voetberg. Nays—None. RESOLUTION NO. 229-95 City Manager recommending acceptance ofACCEPTING IMPROVEMENT Water Plant Electrical Service/Motor Improvement Whereas, the Contract for the Fourth Pressure (Phase II Pump Room) project, presented and read.Zone Pump Station has been completed and the Council Member Nagle moved that theCity’s Consultant Fox Engineering of Ames, Iowa communication be received and filed. Secondedhas recommended acceptance of the project. by Council Member Nicholson. Carried by the Now THEREFORE, BE IT RESOLVED BY following vote: Yeas—Mayor Duggan, CouncilTHE CITY COUNCIL OF THE CITY OF Members Kluesner, Krieg, Nagle, Nicholson,DUBUQUE, IOWA: Robbins, Voetberg. Nays—None.Section 1. That the recommendation of the City Manager be approved and that said RESOLUTION NO. 227-95improvement be accepted. ACCEPTING IMPROVEMENTPassed, approved and adopted this 3rd day of Whereas, the Contract for the Eagle PointJuly, 1995. Water Plant Electrical/Motor Improvement ProjectTerrance M. Duggan, Mayor has been completed and the City’s Consultant FoxAttest: Engineering of Ames, Iowa, recommendedMary A. Davis, City Clerk acceptance of the project.Council Member Nagle moved adoption of the NOW, THEREFORE, BE IT RESOLVED BYResolution. Seconded by Council Member THE CITY COUNCIL OF THE CITY OFNicholson. Carried by the following vote: DUBUQUE, IOWA:Yeas—Mayor Duggan, Council Members Section 1. That the recommendation of theKluesner, Krieg, Nagle, Nicholson, Robbins, City Manager be approved and that saidVoetberg. Nays—None. improvement be accepted.. Passed, approved and adopted this 3rd day of RESOLUTION NO. 230-95 July, 1995.FINAL ESTIMATE Terrace M. Duggan, MayorWhereas, the contract for the building and Attest:installation of owner provided equipment at our Mary A. Davis, City ClerkAsbury Water Tank Site has been completed and Council Member Nagle moved adoption of thethe City has submitted the final estimate showing Resolution. Seconded by Council Memberthe cost thereof. Nicholson. Carried by the following vote:NOW THEREFORE, BE IT RESOLVED BY Yeas—Mayor Duggan, Council MembersTHE CITY COUNCIL OF THE CITY OF Kluesner, Krieg, Nagle, Nicholson, Robbins,DUBUQUE, IOWA: Voetberg. Nays—None.Section 1. That the cost of said improvement is hereby determined to be $180,723.00. RESOLUTION NO. 228 -95Section 2. That the final payment of FINAL ESTIMATE$15,599.40 be paid to Westphal Construction in Whereas, the contract for the Eagle Point Wateraccordance with State Statues from funds in the Plant Electrical Service/Motor Improvements haveWater Departments FY ‘95 CIP Budget. been completed and the City has submitted thePassed, approved and adopted this 3rd day of final estimate showing the cost thereof.July, 1995.. NOW THEREFORE, BE IT RESOLVED BYTerrance M. Duggan, Mayor THE CITY COUNCIL OF THE CITY OFAttest: DUBUQUE, IOWA:Mary A. Davis, City Clerk Section 1. That the cost of said improvementCouncil Member Nagle moved adoption of the is hereby determined to be $1,077,004.00.Resolution. Seconded by Council Member Section 2. That the final payment ofNicholson. Carried by the following vote: $29,129.00 be paid to Gridor Construction inYeas—Mayor Duggan, Council Members 4 Regular Session, July 3, 1995 Kluesner, Krieg, Nagle, Nicholson, Robbins,Proof of Publication certified to by the Voetberg. Nays—None.Publisher on Notice of Public Hearing to consider an Ordinance amending Conceptual Development City Manager recommending acceptance ofPlan for property located at the East end of Raven Painting of Pennsylvania Ave. Water TowerOaks Drive, presented and read. Council Member Project, presented and read. Council MemberKluesner moved that the proof be received and Nagle moved that the communication be receivedfiled. Seconded by Council Member Nagle. and filed. Seconded by Council MemberCarried by the following vote: Yeas—Mayor Nicholson. Carried by the following vote:Duggan, Council Members Kluesner, Krieg, Yeas—Mayor Duggan, Council MembersNagle, Nicholson, Robbins, Voetberg. Kluesner, Krieg, Nagle, Nicholson, Robbins,Nays—None. Voetberg. Nays—None. An Ordinance Amending Zoning Map by amending the Conceptual Development Plan for RESOLUTION NO. 231-95 ACCEPTING IMPROVEMENTproperty located at the East end of Raven Oaks Whereas, the Contract for the Repair/CoatingDrive located in a PR Planned Residential District, of the Pennsylvania Water Tower has beensaid Ordinance having been presented and read at completed and the City's Consultant IIWthe Council Meeting of 6-19-95, presented for final Engineering of Dubuque Iowa, recommendedaction. acceptance of the project.Attorney Steve Juergens on behalf of Hawk NOW, THEREFORE, BE IT RESOLVEDDevelopment objected to plans unless Raven Oaks BY THE CITY COUNCIL OF THE CITY OFDrive is widened. Randy Hefel, Bernie Hefel, and DUBUQUE, IOWA:Terry Hefel, owners of apartments on Raven Oaks Section 1. That the recommendation of theDr. objected because of narrow width of the street. City Manager be approved and that saidKen Buesing of Buesing & Asso. spoke for the improvement be accepted.project on behalf of Jeff Noack. Passed, approved and adopted this 3rd day of July, 1995. (OFFICIAL PUBLICATION) Terrance M. Duggan, Mayor ORDINANCE NO. 40-95 Attest:AN ORDINANCE AMENDING APPENDIX Mary A. Davis, City ClerkA (THE ZONING ORDINANCE) OF THE Council Member Nagle moved adoption of the CITY OF DUBUQUE CODE OF Resolution. Seconded by Council MemberORDINANCES BY AMENDING THE Nicholson. Carried by the following vote:CONCEPTUAL DEVELOPMENT PLAN Yeas—Mayor Duggan, Council MembersFOR HEREINAFTER DESCRIBED Kluesner, Krieg, Nagle, Nicholson, Robbins, PROPERTY LOCATED AT THE EAST END Voetberg. Nays—None.OF RAVEN OAKS DRIVE LOCATED IN A PR PLANNED RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY RESOLUTION NO. 232-95 THE CITY COUNCIL OF THE CITY OF FINAL ESTIMATE Whereas, the contract for the Repair andDUBUQUE, IOWA: Coating of the Pennsylvania Water Tank has beenSection 1. That in order to accomplish the completed and the City has submitted the finalpurposes of the PR Planned Residential District of estimate showing the cost thereof.the Zoning Ordinance of the City of Dubuque, NOW THEREFORE, BE IT RESOLVED BYIowa, the conceptual development plan for Jeff THE CITY COUNCIL OF THE CITY OFNoack, a copy of which is attached hereto and DUBUQUE, IOWA:made a part hereof, is hereby adopted and Section 1. That the cost of said improvement isapproved for the following described property, to hereby determined to be $195,100.00.wit: Section 2. That the final payment of $9,188.75All of Oak Brook Development and all of Oak be paid to Tenyer Coating of Badger, MN inBrook Townhouses. accordance with State Statues from funds in theSection 2. Pursuant to Iowa Code Section Water Departments FY ‘95 CIP Budget.414.5 (1993), and as an express condition of the Passed, approved and adopted this 3rd day ofreclassification, the undersigned property owner(s) July, 1995..agree(s) to the following conditions, all of which Terrance M. Duggan, Mayorthe property owner(s) further agree(s) are Attest:reasonable and imposed to satisfy the public needs Mary A. Davis, City Clerkthat are caused directly by the zoning Council Member Nagle moved adoption of thereclassification: Resolution. Seconded by Council MemberA.Use Regulations. Nicholson. Carried by the following vote:The following regulations shall apply to all Yeas—Mayor Duggan, Council Membersuses made of land in the above described PUD Kluesner, Krieg, Nagle, Nicholson, Robbins,District: Voetberg. Nays—None.1)Principal permitted uses shall be limited to seventy-six (76) dwelling units located in 13 4- Council Member Nagle moved that the rules beplexes and 3 8-plexes. suspended to allow anyone present to address the2)No secondary or contingency uses shall be Council if they so desire. Seconded by Councilpermitted. Member Nicholson. Carried by the following vote:3)Accessory uses shall include any use Yeas—Mayor Duggan, Council Memberscustomarily incidental and subordinate to the Kluesner, Krieg, Nagle, Nicholson, Robbins,principal use it serves. Voetberg. Nays—None.B.Lot and Bulk Regulations. Regular Session, July 3, 19955 Development of land in the PUD District shallTransfer of ownership or lease of property in be regulated as follows:this PR Planned Residential District shall 1)All building structures and activities shall beinclude in the transfer or lease agreement, a located in conformance with the attachedprovision that the purchaser or lessee conceptual development plan and all final siteacknowledges awareness of the conditions development plans shall be approved inauthorizing the establishment of the district. accordance with provisions of the PUD DistrictSection 3. The foregoing amendment has regulations of this ordinance and of Section 3-heretofore been reviewed by the Zoning 5.5 of the Zoning Ordinance.Commission of the City of Dubuque, Iowa. 2)Lots 1 through 8 shall have a maximumSection 4. The foregoing amendment shall take building height of 30 feet and Lots 9 throughaffect upon publication, as provided by law. 16 shall have a maximum building height of 40Passed, approved and adopted this 3rd day of feet. All other bulk regulations of the R-3July, 1995. Multi-Family Residential District for the 13 4-Terrance M. Duggan, Mayor plexes and of the R-4 Multi-Family ResidentialAttest: District for the 3 8-plexes shall be met forMary A. Davis, City Clerk construction of all buildings and structures, asACCEPTANCE OF ORDINANCE established in Section 5-1.5 of the ZoningNO. 40-95 Ordinance of the City of Dubuque, Iowa.I, Jeff Noack, having read the terms and C.Performance Standards.conditions of the foregoing Ordinance No. 40-95 The development and maintenance of uses inand being familiar with the conditions thereof, this PUD-District shall be established inhereby accept this same and agree to the conditions conformance with Section 3-5.5 of the Zoningrequired therein. Ordinance and the following standards:Dated in Dubuque, Iowa this 13 day of July, 1)A 31 foot wide public street with a 50 foot1995. right-of-way is to be constructed by theBy /s/ Jeff Noack developer and is to meet City specifications. Published officially in the Telegraph Herald 2)Street lighting shall be provided per Citynewspaper this 20th day of July, 1995. standards.1t 7/20Mary A. Davis, City Clerk 3)Sidewalks shall be provided within theCouncil Member Kluesner moved final proposed development as shown on the consideration and passage of the Ordinance, as attached conceptual plan.amended. Seconded by Council Member Nagle. 4)Landscaping as noted on the attachedCarried by the following vote: Yeas—Mayor conceptual development plan shall be installedDuggan, Council Members Kluesner, Krieg, in conjunction with completion of the units. Nagle, Nicholson, Robbins, Voetberg. Final site development plans must indicateNays—None. exact location and type of species to be installed. Proof of Publication certified to by the 5)A minimum of one-hundred-fifty-eight (158)Publisher on Notice of Public Hearing to consider off-street parking spaces shall be provided asan Ordinance providing for an amendment for shown on the attached conceptual developmentWal-Mart Stores, Inc. establishing Sign plan. Regulations, presented and read. Council Member 6)All utilities including telephone and cableKluesner moved that the proof be received and television shall be installed underground.filed. Seconded by Council Member Nagle. 7)Final site development plans shall be submittedCarried by the following vote: Yeas—Mayor in accordance with Section 4-4 of the Zoning Duggan, Council Members Kluesner, Krieg, Ordinance prior to construction of eachNagle, Nicholson, Robbins, Voetberg. building or structure unless otherwise exemptedNays—None. by Section 4-4. 8)Storm water detention areas and controlAn Ordinance Amending Ordinances No. 31- measures shall be constructed as shown on the92 and No. 59-93 which adopted the PC Planned attached conceptual development plan toCommercial District for Wal-Mart Stores, Inc. and control runoff. established sign regulations for that Planned 9)A consistent design theme be used throughoutCommercial District, said Ordinance having been the development.presented and read at the Council Meeting of 6-19- D.Open Space and Recreational Areas.95, presented for final action. Those areas not designated on the conceptual development plan for development shall be(OFFICIAL PUBLICATION) maintained as open space, as defined by Section ORDINANCE NO. 41-95 8 of the Zoning Ordinance by the property AN ORDINANCE OF THE CITY OF owner and/or association.DUBUQUE, IOWA PROVIDING FOR THE E.Sign Regulations.AMENDMENT OF ORDINANCES 31-92 and The sign regulations shall be in accordance 59-93 WHICH ADOPTED THE PC with the R-3 Multi-Family Residential District PLANNED COMMERCIAL DISTRICT FOR as established in Section 4-3.11 of the ZoningWAL-MART STORES, INC. AND Ordinance.ESTABLISHED SIGN REGULATIONS FOR F.Additional Standards. THAT PLANNED COMMERCIAL The conceptual development plan shall be valid DISTRICT. for a period of five years provided a final siteWhereas, Wal-Mart Stores, Inc., applicant, has development plan is submitted within two yearsfiled an application for approval of an amended from the date of approval.conceptual development plan in accordance with G.Transfer of Ownership. provisions of the PUD Planned Unit Development District regulations as set for in Section 3-5.5 of 6 Regular Session, July 3, 1995 the Code of Ordinance, Appendix A thereof, of thePublished officially in the Telegraph Herald City of Dubuque, Iowa; andnewspaper this 20th day of July, 1995. Whereas, the Zoning Commission has held a 1t 7/20Mary A. Davis, City Clerk public hearing on said application for an amendedCouncil Member Kluesner moved final conceptual development plan pursuant to requiredconsideration and passage of the Ordinance. published notice; and Seconded by Council Member Nagle. Carried by Whereas, the Zoning Commission has approvedthe following vote: Yeas—Mayor Duggan, said amended conceptual development plan subjectCouncil Members Kluesner, Krieg, Nagle, to specific conditions and restrictions having foundNicholson, Robbins, Voetberg. Nays—None. that said plan conforms with the review standards applicable to such plans as set forth in Section 3-Proof of Publication certified to by the 5.5(D) of the Code of Ordinances, Appendix APublisher on Notice of Public Hearing to consider thereof, of the City of Dubuque, Iowa; andan ordinance providing for a text amendment to the Whereas, the Zoning Commission recommends Zoning Ordinance to allow grain/barge terminals the concurrence of the City Council and approvalas a conditional use in the MHI District, presented of said amended conceptual development plan; andand read. Council Member Kluesner moved that Whereas, The City Council has received thethe proof be received and filed. Seconded by recommendation of the Zoning Commission andCouncil Member Robbins. Carried by the held its own public hearing on said amendedfollowing vote: Yeas—Mayor Duggan, Council conceptual development plan pursuant to requiredMembers Kluesner, Krieg, Nagle, Nicholson, published notice; and Robbins, Voetberg. Nays—None. Whereas, the City Council has approved said amended conceptual development plan subject toAn Ordinance Amending Zoning Ordinance by the same specific conditions and restrictions.adding a new Section 3-4.4(D)(2) to allow NOW THEREFORE, BE IT ORDAINED BY Grain/Barge Terminal as a conditional use in the THE CITY COUNCIL OF THE CITY OFMHI Modified Heavy Industrial District, said DUBUQUE, IOWA:Ordinance having been presented and read at the Section 1. That Ordinances No. 31-92 and 59-Council Meeting of 6-19-95, presented for final 93 be amended by repealing Section 3(e) in regard action. to sign regulations and establishing a new Section 3(e) in lieu thereof, as follows: (OFFICIAL PUBLICATION) e)Signs ORDINANCE NO. 42-95 Signs for this PC Planned Commercial DistrictAN ORDINANCE AMENDING APPENDIX shall be regulated as follows.A (THE ZONING ORDINANCE) OF THE 1)Wall-mounted signs: Wal-Mart shall be CODE OF ORDINANCES OF THE CITY OF permitted up to 1,175 square feet of wall- DUBUQUE, IOWA, BY ADDING A NEW mounted signage. LOWE's shall be permittedSECTION 3-4.4(D)(2) TO ALLOW up to 790 square feet of wall-mounted signage.GRAIN/BARGE TERMINAL AS A 2)Free-standing signs: Maximum of two free- CONDITIONAL USE IN THE MHI standing tenant identification signs are allowed MODIFIED HEAVY INDUSTRIAL per premises with a maximum height of 30 feetDISTRICT. and a sign area of 276 square feet each.NOW THEREFORE, BE IT ORDAINED BY 3)Directional signs shall be permitted according THE CITY COUNCIL OF THE CITY OF to the standard C-3 local zoning regulations.DUBUQUE, IOWA: Section 2. The foregoing amendment hasSection 1. Appendix A (the Zoning Ordinance) heretofore been reviewed by the Zoningof the City of Dubuque Code or Ordinances is Commission of the City of Dubuque, Iowa. hereby amended by adding a new Section 3- Section 3. That this ordinance shall take effect4.4(D)(2) as follows: immediately upon publication and shall not"3-4.4(D)(2) Grain/barge terminal provided exclude any other provisions as previouslythat: established by ordinance for Wal-Mart PC Planned (a)A site plan shall be submitted and Commercial District.approved as provided in Section 4 of this Section 4. This ordinance shall take effectordinance; and immediately upon publication, as provided by law.(b)The parking group requirements can be Passed, approved and adopted this 3rd day ofmet - [44]". July, 1995.Section 2. That the foregoing has heretofore Terrance M. Duggan, Mayorbeen reviewed by the Zoning Commission of the Attest: City of Dubuque, Iowa. Mary A. Davis, City ClerkSection 3. This ordinance shall take effect ACCEPTANCE OF ORDINANCEimmediately upon publication. NO. 41-95Passed, approved and adopted this 3rd day of I, Paul W. Kite, Kite Development July, 1995. Corporation, having read the terms and conditionsTerrance M. Duggan, Mayor of the foregoing Ordinance No. 41-95 and beingAttest: familiar with the conditions thereof, hereby acceptMary A. Davis, City Clerk this same and agree to the conditions required Published officially in the Telegraph Herald therein.newspaper this 14th day of July, 1995. Dated in Dubuque, Iowa this 11th day of July, 1t 7/14Mary A. Davis, City Clerk 1995. Council Member Kluesner moved final By /s/ Paul W. Kiteconsideration and passage of the Ordinance. Kite Development CorporationSeconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Regular Session, July 3, 19957 Council Members Kluesner, Krieg, Nagle,RODFourth Street Peninsula Nicholson, Robbins, Voetberg. Nays—None.Redevelopment Overlay District SODFreeway 61/151 Corridor Signage Proof of Publication certified to by theOverlay District Publisher on Notice of Public Hearing to consider Published officially in the Telegraph Herald an ordinance amending the Zoning Ordinance tonewspaper this 14th day of December, 1995. include "ROD Fourth Street Peninsula1t 7/14Mary A. Davis, City Clerk Redevelopment Overlay District, presented andCouncil Member Voetberg moved final read. Council Member Voetberg moved that the consideration and passage of the Ordinance. proof of publication be received and filed. Seconded by Council Member Robbins. Carried Seconded by Council Member Robbins. Carriedby the following vote: Yeas—Mayor Duggan, by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Council Members Kluesner, Krieg, Nagle,Nicholson, Robbins, Voetberg. Nays—None. Nicholson, Robbins, Voetberg. Nays—None. Proof of Publication certified to by the An Ordinance Amending the Zoning Ordinance Publisher on Notice of Public Hearing to consider by amending Section 2-1 by including "RODan ordinance reclassifying property in the 4th St. Fourth Street Peninsula Redevelopment OverlayPeninsula Industrial Area from HI to MHI District, District" under special purpose districts in Sectionpresented and read. Council Member Voetberg 2-1 establishment of districts; and by adopting a moved that the proof of publication be received new Section 3-5.5 Fourth Street Peninsula RODand filed. Seconded by Council Member Nagle. Redevelopment Overlay District, said OrdinanceCarried by the following vote: Yeas—Mayor having been presented at the Council Meeting of 6-Duggan, Council Members Kluesner, Krieg, 19-95, presented for final action. Nagle, Nicholson, Robbins, Voetberg. Nays—None. (OFFICIAL PUBLICATION) ORDINANCE NO. 43-95An Ordinance Amending Zoning Map by AN ORDINANCE AMENDING APPENDIXreclassifying property located in 4th St. Peninsula A (THE ZONING ORDINANCE) OF THEIndustrial Area from HI Heavy Industrial District CITY OF DUBUQUE CODE OFto MHI Modified Heavy Industrial District, said ORDINANCES BY AMENDING SECTIONOrdinance having been presented and read at the 2-1 BY INCLUDING "ROD FOURTHCouncil Meeting of 6-19-95, presented for final STREET PENINSULA REDEVELOPMENTaction. OVERLAY DISTRICT" UNDER SPECIAL PURPOSE DISTRICTS IN SECTION 2-1(OFFICIAL PUBLICATION) ESTABLISHMENT OF DISTRICTS; ANDORDINANCE NO. 44-95 BY ADOPTING A NEW SECTION 3-5.5 AN ORDINANCE AMENDING APPENDIX FOURTH STREET PENINSULA RODA (THE ZONING ORDINANCE) OF THE REDEVELOPMENT OVERLAY DISTRICT.CITY OF DUBUQUE, CODE OF NOW THEREFORE, BE IT ORDAINED BYORDINANCES BY RECLASSIFYING THE CITY COUNCIL OF THE CITY OF HEREINAFTER-DESCRIBED PROPERTY DUBUQUE, IOWA: FROM HI HEAVY INDUSTRIAL DISTRICT Section 1. Appendix A (the Zoning Ordinance)TO MHI MODIFIED HEAVY INDUSTRIAL of the City of Dubuque Code of Ordinances, isDISTRICT. hereby amended by amending Section 2-1NOW THEREFORE, BE IT ORDAINED BY Establishment of Districts by including under THE CITY COUNCIL OF THE CITY OF Special Purpose Districts the "ROD Fourth StreetDUBUQUE, IOWA: Peninsula Redevelopment Overlay District", asSection 1. Appendix A (the Zoning Ordinance) shown on Exhibit A. of the City of Dubuque Code of Ordinances is Section 2. Appendix A (the Zoning Ordinance)hereby amended by reclassifying the property of the City of Dubuque, Iowa, is hereby amendedidentified on Exhibit A from HI Heavy Industrial by adding a new Section 3-5.5 Fourth StreetDistrict to MHI Modified Heavy Industrial Peninsula ROD Redevelopment Overlay District, District. as shown on Exhibit B.Section 2. The foregoing has heretofore been Section 3. The foregoing has heretofore beenreviewed by the Zoning Commission of the City of reviewed by the Zoning Commission of the City ofDubuque, Iowa. Dubuque, Iowa. Section 3. This ordinance shall take effect Section 4. This ordinance shall take effectimmediately upon publication immediately upon publication.Passed, approved and adopted this 3rd day of Passed, approved and adopted this 3rd day ofJuly, 1995. July, 1995.Terrance M. Duggan, Mayor Terrance M. Duggan, MayorAttest: Attest:Mary A. Davis, City Clerk Mary A. Davis, City Clerk Published officially in the Telegraph Herald EXHIBIT Athis 14th day of July, 1995. Special Purpose Districts:1t 7/14Mary A. Davis, City Clerk AGAgricultural District Council Member Voetberg moved final IDInstitutional Districtconsideration and passage of the Ordinance. FLFlood Hazard Overlay DistrictSeconded by Council Member Nagle. Carried by POSPublic Open Space Districtthe following vote: Yeas—Mayor Duggan, PUDPlanned Unit Development District Council Members Kluesner, Krieg, Nagle, RHRestricted Height Overlay DistrictNicholson, Robbins, Voetberg. Nays—None. 8 Regular Session, July 3, 1995 Proof of Publication certified to by thewere filed with the City Clerk of Dubuque, Iowa Publisher on Notice of Public Hearing to reclassifyfor the Wilbur Street Retaining Wall. properties to the Fourth Street Peninsula RODWhereas, notice of hearing on plans, Redevelopment Overlay District, presented andspecifications, form of contract, and estimated cost read. Council Member Voetberg moved that thewas published as required by law. proof of publication be received and filed.NOW THEREFORE, BE IT RESOLVED BY Seconded by Council Member Nicholson. CarriedTHE CITY COUNCIL OF THE CITY OF by the following vote: Yeas—Mayor Duggan,DUBUQUE, IOWA: Council Members Kluesner, Krieg, Nagle,That the said plans, specifications, form of Nicholson, Robbins, Voetberg. Nays—None.contract and estimated cost are hereby approved as the plans, specifications, form of contract and An Ordinance Amending Zoning Map byestimated cost for said improvements for said reclassifying property to the Fourth Streetproject. Peninsula ROD Redevelopment Overlay District,Passed, adopted and approved this 3rd day of said Ordinance having been presented and read atJuly, 1995. the Council Meeting of 6-19-95, presented for finalTerrance M. Duggan, Mayor action. Attest: Mary A. Davis, City Clerk (OFFICIAL PUBLICATION)Council Member Nagle moved adoption of the ORDINANCE NO. 45-95Resolution. Seconded by Council Member Nicholson. Carried by the following vote: AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THEYeas—Mayor Duggan, Council Members CODE OF ORDINANCES OF THE CITY OFKluesner, Krieg, Nagle, Nicholson, Robbins, DUBUQUE, IOWA, RECLASSIFYINGVoetberg. Nays—None. HEREINAFTER DESCRIBED PROPERTY TO THE FOURTH STREET PENINSULAProof of Publication certified to by the ROD REDEVELOPMENT OVERLAYPublishers on Notice to Bidders on the Receipt of Bids for project and City Manager recommending DISTRICT. NOW THEREFORE, BE IT ORDAINED BYto award contract for project, presented and read. THE CITY COUNCIL OF THE CITY OFCouncil Member Nagle moved that the proof and DUBUQUE, IOWA:communication be received and filed. Seconded Section 1. Appendix A (the Zoning Ordinance)by Council Member Nicholson. Carried by the of the City of Dubuque is hereby reclassifying thefollowing vote: Yeas—Mayor Duggan, Council property identified on Exhibit 1 to the FourthMembers Kluesner, Krieg, Nagle, Nicholson, Street Peninsula ROD Redevelopment OverlayRobbins, Voetberg. Nays—None. District. Section 2. That the foregoing has heretoforeRESOLUTION NO. 234-95 been reviewed by the Zoning Commission of theAWARDING CONTRACT City of Dubuque, Iowa.Whereas, sealed proposals have been submitted Section 3. That this ordinance shall take effectby contractors for the Wilbur Street Retaining immediately upon publication.Wall pursuant to Resolution No. 226-95 and Passed, approved and adopted this 3rd day ofnotice to bidders published in a newspaper July, 1995.published in the City of Dubuque, Iowa on the Terrance M. Duggan, Mayor22nd day of June, 1995. Attest:Whereas, said sealed proposals were opened Mary A. Davis, City Clerkand read on the 27th day of June, 1995 and it has been determined that the bid of William Becker & Published officially in the Telegraph Herald this 14th day of July, 1995.Sons Stone Company, Inc. of Dubuque, Iowa in 1t 7/14Mary A. Davis, City Clerkthe amount of $47,400.00 was the lowest bid for Council Member Voetberg moved finalthe furnishings of all labor and materials and performing the work as provided for in the plans consideration and passage of the Ordinance. Seconded by Council Member Nicholson. Carriedand specifications. by the following vote: Yeas—Mayor Duggan,NOW THEREFORE, BE IT RESOLVED BY Council Members Kluesner, Krieg, Nagle,THE CITY COUNCIL OF THE CITY OF Nicholson, Robbins, Voetberg. Nays—None.DUBUQUE, IOWA: That the contract for the above improvement be Proof of Publication certified to by theawarded to William Becker & Sons Stone Company, Inc. and the Manager be and is hereby Publisher on Notice of Hearing on Plans and Specifications for construction of Wilbur Streetdirected to execute a contract on behalf of the City Retaining Wall, presented and read. Councilof Dubuque for the complete performance of the Member Nagle moved that the proof of publicationwork. BE IT FURTHER RESOLVED: be received and filed. Seconded by Council Member Nicholson. Carried by the following vote:That upon the signing of said contract and the Yeas—Mayor Duggan, Council Membersapproval of the contractor's bond, the City Kluesner, Krieg, Nagle, Nicholson, Robbins,Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Voetberg. Nays—None. Passed, approved and adopted this 3rd day of July, 1995. RESOLUTION NO. 233-95 Terrance M. Duggan, Mayor RESOLUTION ADOPTING PLANS AND SPECIFICATIONSAttest: Whereas, on the 14th day of June, 1995, plans,Mary A. Davis, City Clerk specifications, form of contract and estimated cost Regular Session, July 3, 19959 Council Member Nagle moved adoption of theof Minneapolis, Minnesota, in the amount of Resolution. Seconded by Council Member$292,700.00 was the lowest bid for the furnishing Nicholson. Carried by the following vote:of all labor and materials and performing the work Yeas—Mayor Duggan, Council Membersas provided for in the plans and specifications. Kluesner, Krieg, Nagle, Nicholson, Robbins,NOW, THEREFORE, BE IT RESOLVED BY Voetberg. Nays—None.THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Proof of Publication certified to by theThat the contract for the above improvement be Publisher on Notice of Hearing on Plan andawarded to McGill Restoration, Inc. and the Specifications for construction of 1995manager be and is hereby directed to execute a Rehabilitation Repairs to the City of Dubuquecontract on behalf of the City of Dubuque for the Parking Ramp Facilities, presented and read.complete performance of the work. Council Member Nagle moved that the proof beBE IT FURTHER RESOLVED BY THE received and filed. Seconded by Council MemberCITY COUNCIL OF THE CITY OF Voetberg. Carried by the following vote:DUBUQUE, IOWA: Yeas—Mayor Duggan, Council MembersThat upon the signing of said contract and the Kluesner, Krieg, Nagle, Nicholson, Robbins,approval of the contractor's bond, the City Voetberg. Nays—None.Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 3rd day of RESOLUTION NO. 235-95 RESOLUTION ADOPTING PLANSJuly, 1995. AND SPECIFICATIONSTerrance M. Duggan, Mayor Whereas, on the 31st day of May, 1995, plans,Attest: specifications, form of contract and estimated costMary A. Davis, City Clerk were filed with the City Clerk of Dubuque, Iowa,Council Member Nagle moved adoption of the for the 1995 Rehabilitation Repairs to the City ofResolution. Seconded by Council Member Dubuque Parking Ramp Facilities.Voetberg. Carried by the following vote: Whereas, notice of hearing on plans,Yeas—Mayor Duggan, Council Members specifications, form of contract, and estimated costKluesner, Krieg, Nagle, Nicholson, Robbins, was published as required by law.Voetberg. Nays—None. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFCorporation Counsel recommending to increase DUBUQUE, IOWA:the insurance requirements for taxicab operators That the said plans, specifications, form ofand an Ordinance Amending the Code of contract, and estimated cost are hereby approvedOrdinances by adopting in lieu thereof a new as the plans, specifications, form of contract andSection 46-34 providing for insurance estimated cost for said improvements for saidrequirements for the issuance of a Taxicab project.Operator's Permit, presented and read. Passed, approved and adopted this 3rd day ofRonald Conrad, owner of A-OK Yellow Cab July, 1995.Co. objected to the additional insurance Terrance M. Duggan, Mayorrequirements stating an additional financial Attest:burden. Mary A. Davis, City ClerkCouncil Member Kluesner moved that this Council Member Nagle moved adoption of thematter be tabled to the Council Meeting of July 17. Resolution. Seconded by Council MemberSeconded by Council Member Nicholson. Carried Voetberg. Carried by the following vote:by the following vote: Yeas—Mayor Duggan, Yeas—Mayor Duggan, Council MembersCouncil Members Kluesner, Krieg, Nagle, Kluesner, Krieg, Nagle, Nicholson, Robbins,Nicholson, Robbins. Nays—Council Member Voetberg. Nays—None.Voetberg. Proof of Publication certified to by theCity Manager submitting Ordinance allowing Publisher on Notice to Bidders on the Receipt ofconsumption of alcoholic liquors and wine in Four Bids for project and City Manager recommendingMounds Parks, and an Ordinance Amending Code to award contract for project, presented and read.of Ordinances by adopting in lieu thereof a new Council Member Nagle moved that the proof andSection 34-52(a) prohibiting the consumption or communication be received and filed. Secondeduse of alcoholic liquors or wine in any public park, by Council Member Voetberg. Carried by theexcept for Four Mounds Park, presented and read. following vote: Yeas—Mayor Duggan, CouncilCouncil Member Voetberg moved that this matter Members Kluesner, Krieg, Nagle, Nicholson,be tabled. Seconded by Council Member Nagle. Robbins, Voetberg. Nays—None.Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, RESOLUTION NO. 236-95Nagle, Nicholson, Robbins, Voetberg. AWARDING CONTRACTNays—None. Whereas, sealed proposals have been submitted by contractors for the rehabilitation repairs to theCity Manager recommending to proceed with City of Dubuque Parking Facilities Projectissuance of $2,000,000 General Obligation Bonds pursuant to Resolution No. 206-95 and notice toand approval of Tax Exemption Certificate, bidders published in a newspaper published in thepresented and read. Council Member Voetberg City of Dubuque, Iowa, on the 8th day of June,moved that the communications be received and 1995. filed. Seconded by Council Member Nagle. Whereas, said sealed proposals were openedCarried by the following vote: Yeas—Mayor and read on the 26th day of June and it has beenDuggan, Council Members Kluesner, Krieg, determined that the bid of McGill Restoration, Inc. 10 Regular Session, July 3, 1995 Nagle, Nicholson, Robbins, Voetberg.who shall carry out the duties prescribed herein Nays—None.with respect to maintaining a register of the owners of the bonds. Unless otherwise specified, the RESOLUTION NO. 237-95Registrar shall also act as Transfer Agent for the RESOLUTION AMENDINGbonds; (g)"Tax Exemption Certificate" shall mean "RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OFthe Tax Exemption Certificate executed by the $2,000,000 GENERAL OBLIGATIONTreasurer and delivered at the time of issuance and BONDS AND LEVYING A TAX TO PAYdelivery of the Bonds; and (h)"Treasurer" shall mean the City Treasurer SAID BONDS" PASSED AND APPROVED MARCH 8, 1995or such other officer as shall succeed to the same WHEREAS, the Issuer is duly incorporated,duties and responsibilities with respect to the organized and exists under and by virtue of therecording and payment of the Bonds issued laws and Constitution of the State of Iowa; and hereunder. WHEREAS, the Issuer is in need of funds toSection 2. Levy and Certification of Annual pay costs of improvements and repaving ofTax; Other Funds to be Used. taxiways and adjacent areas at the Municipal(a)Levy of Annual Tax. That for the purpose Airport; the acquisition, construction,of providing funds to pay the principal and interest reconstruction and improvement of storm sewersof the Bonds hereinafter authorized to be issued, and related facilities for the collection and disposalthere is hereby levied for each future year the of surface water and streams; the construction,following direct annual tax on all of the taxable reconstruction and repairing of streetproperty in Dubuque, Iowa, to-wit: improvements and sidewalks; the acquisition,FISCAL YEAR (JULY 1 TO JUNE 30) construction, improvement and installation ofAMOUNTYEAR OF COLLECTION: street lighting fixtures, connections and facilities;$175,9711995/1996 and the acquisition, construction, reconstruction,$137,0651996/1997 improvement and repair of bridges, guardrails and$164,9901997/1998 retaining walls, an essential corporate purpose, and$211,6301998/1999 it is deemed necessary and advisable that General$306,1051999/2000 Obligation Bonds in the amount of $2,000,000 be$296,1002000/2001 issued for said purpose; and $285,8652001/2002 WHEREAS, pursuant to notice published as$345,4002002/2003 required by Section 384.25 of said Code, this$431,4502003/2004 Council has held a public meeting and hearing$262,2502004/2005 upon the proposal to institute proceedings for the(NOTE: For example the levy to be made and issuance of said Bonds in the amount ofcertified against the taxable valuations of January $2,100,000, and the Council is therefore now1, 1994, will be collected during the fiscal year authorized to proceed with the issuance ofcommencing July 1, 1995). $2,000,000 of said Bonds; and (b) Resolution to be Filed With County WHEREAS, pursuant to the provisions ofAuditor. A certified copy of this Resolution should Chapter 75 of the Code of Iowa, the abovebe filed with the County Auditor of Dubuque mentioned bonds were heretofore sold at publicCounty, Iowa, and said Auditor is hereby sale and action should now be taken to issue saidinstructed in and for each of the years as provided, bonds conforming to the terms and conditions ofto levy and assess the tax hereby authorized in the best bid received at the advertised public sale.Section 2 of this Resolution, in like manner as NOW, THEREFORE, BE IT RESOLVED BYother taxes are levied and assessed, and such taxes THE CITY COUNCIL OF THE CITY OFso levied in and for each of the years aforesaid be DUBUQUE, IOWA:collected in like manner as other taxes of the City Section 1. Definitions. The following termsare collected, and when collected be used for the shall have the following meanings in thispurpose of paying principal and interest on said Resolution unless the text expressly or byBonds issued in anticipation of said tax, and for no necessary implication requires otherwise:other purpose whatsoever. (a)"Bonds" shall mean $2,000,000 General(c) Additional City Funds Available. Principal Obligation Bonds, authorized to be issued by thisand interest coming due at any time when the Resolution; proceeds of said tax on hand shall be insufficient to (b)"Issuer" and "City" shall mean the City ofpay the same shall be promptly paid when due Dubuque, Iowa;from current funds of the City available for that (c)"Paying Agent" shall be Norwest Bankpurpose and reimbursement shall be made from Iowa, N.A., or such successor as may be approvedsuch special fund in the amounts thus advanced. by Issuer as provided herein and who shall carrySection 3. Bond Fund. Said tax shall be out the duties prescribed herein as Issuer's agent tocollected each year at the same time and in the provide for the payment of principal of and interestsame manner as, and in addition to, all other taxes on the Bonds as the same shall become due;in and for the City, and when collected they shall (d)"Project Fund" shall mean the fundbe converted into a special fund within the Debt required to be established by this Resolution forService Fund to be known as the "GENERAL the deposit of the proceeds of the Bonds;OBLIGATION BOND FUND 1995 NO. 1" (the (e)"Rebate Fund" shall mean the fund so"Bond Fund"), which is hereby pledged for and defined in and established pursuant to the Taxshall be used only for the payment of the principal Exemption Certificate;of and interest on the Bonds hereinafter authorized (f)"Registrar" shall be Norwest Bank Iowa,to be issued; and also there shall be apportioned to N.A. of Des Moines, Iowa, or such successor assaid fund its proportion of taxes received by the may be approved by Issuer as provided herein andCity from railway, express, telephone and Regular Session, July 3, 199511 telegraph companies and other taxes assessed by(b)Redemption. Bonds maturing on or after the Iowa State Department of Revenue. May 1, 2004, may be called for redemption by the Section 4. Application of Bond Proceeds.Issuer and paid before maturity on May 1, 2003 or Proceeds of the Bonds other than accrued interestany date thereafter, from any funds regardless of except as may be provided below shall be creditedsource, in whole or from time to time in part, in to the Project Fund and expended therefrom for theany order of maturity and within an annual purposes of issuance. Any amounts on hand in thematurity by lot by giving thirty days' notice of Project Fund shall be available for the payment ofredemption by registered mail, to the registered the principal of or interest on the Bonds at any timeowner of the Bond. The terms of redemption shall that other funds shall be insufficient to the purpose,be par, plus accrued interest to date of call. in which event such funds shall be repaid to theIf selection by lot within a maturity is required, Project Fund at the earliest opportunity. Anythe Registrar shall by random selection of the balance on hand in the Project Fund and notnames of the registered owners of the entire annual immediately required for its purposes may bematurity select the bonds to be redeemed until the invested not inconsistent with limitations providedtotal amount of Bonds to be called has been by law or this Resolution. Accrued interest, if any,reached.Section 7. Registration of Bonds; shall be deposited in the Bond Fund.Appointment of Registrar; Transfer; Ownership; Section 5. Investments of Bond Fund Proceeds.Delivery; and Cancellation. All moneys held in the Bond Fund, provided for by(a)Registration. The ownership of Bonds Section 3 of this Resolution shall be invested inmay be transferred only by the making of an entry investments permitted by Chapter 12B, Code ofupon the books kept for the registration and Iowa, 1993 (formerly Chapter 452, Code of Iowa,transfer of ownership of the Bonds, and in no other as amended) or deposited in financial institutionsway. Norwest Bank Iowa, N.A. is hereby which are members of the Federal Depositappointed as Bond Registrar under the terms of Insurance Corporation and the deposits in whichthis Resolution and under the provisions of a are insured thereby and all such deposits exceedingseparate agreement with the Issuer filed herewith the maximum amount insured from time to time bywhich is made a part hereof by this reference. The FDIC or its equivalent successor in any oneRegistrar shall maintain the books of the Issuer for financial institution shall be continuously securedthe registration of ownership of the Bonds for the by a valid pledge of direct obligations of thepayment of principal of and interest on the Bonds United States Government having an equivalentas provided in this Resolution. All Bonds shall be market value. All such interim investments shallnegotiable as provided in Article 8 of the Uniform mature before the date on which the moneys areCommercial Code and Section 384.31 of the Code required for payment of principal of or interest onof Iowa, subject to the provisions for registration the Bonds as herein provided. and transfer contained in the Bonds and in this Section 6. Bond Details, Execution andresolution. Redemption. (b)Transfer. The ownership of any Bond (a) Bond Details. General Obligation Bondsmay be transferred only upon the Registration of the City in the amount of $2,000,000, shall beBooks kept for the registration and transfer of issued pursuant to the provisions of Section 384.25Bonds and only upon surrender thereof at the of the City Code of Iowa for the aforesaid purpose.office of the Registrar together with an assignment The Bonds shall be designated "GENERALduly executed by the holder or his duly authorized OBLIGATION BOND", be dated July 1, 1995,attorney in fact in such form as shall be and bear interest from the date thereof, untilsatisfactory to the Registrar, along with the address payment thereof, at the office of the Paying Agent,and social security number or federal employer said interest payable on May 1, 1996, andidentification number of such transferee (or, if semiannually thereafter on the 1st day ofregistration is to be made in the name of multiple November and May in each year until maturity atindividuals, of all such transferees). In the event the rates hereinafter provided.that the address of the registered owner of a Bond The Bonds shall be executed by the manual or(other than a registered owner which is the facsimile signature of the Mayor and attested bynominee of the broker or dealer in question) is that the manual or facsimile signature of the Clerk, andof a broker or dealer, there must be disclosed on impressed or imprinted with the seal of the Citythe Registration Books the information pertaining and shall be fully registered as to both principalto the registered owner required above. Upon the and interest as provided in this Resolution;transfer of any such Bond, a new fully registered principal, interest and premium, if any, shall beBond, of any denomination or denominations payable at the office of the Paying Agent bypermitted by this Resolution in aggregate mailing of a check to the registered owner of theprincipal amount equal to the unmatured and Bond. The Bonds shall be in the denomination ofunredeemed principal amount of such transferred $5,000 or multiples thereof. The Bonds shallfully registered Bond, and bearing interest at the mature and bear interest as follows: same rate and maturing on the same date or dates InterestPrincipalMaturityshall be delivered by the Registrar. RateAmountMay 1st(c)Registration of Transferred Bonds. In all 4.10%$100,0001996cases of the transfer of the Bonds, the Registrar 4.15% 50,0001997shall register, at the earliest practicable time, on 4.20% 80,0001998the Registration Books, the Bonds, in accordance 4.25% 130,0001999with the pro-visions of this Resolution. 4.35% 230,0002000(d) Ownership. As to any Bond, the person in 4.45% 230,0002001whose name the ownership of the same shall be 4.55% 230,0002002registered on the Registration Books of the 4.65% 300,0002003Registrar shall be deemed and regarded as the 4.80% 400,0002004absolute owner thereof for all purposes, and 4.90% 250,0002005payment of or on account of the principal of any 12 Regular Session, July 3, 1995 such Bonds and the premium, if any, and interestregistered holder thereof or to their designated thereon shall be made only to or upon the order ofagent as the same appear on the books of the the registered owner thereof or his legalRegistrar on the 15th day of the month preceding representative. All such payments shall be validthe payment date. All such payments shall fully and effectual to satisfy and discharge the liabilitydischarge the obligations of the Issuer in respect of upon such Bond, including the interest thereon, tosuch Bonds to the extent of the payments so made. the extent of the sum or sums so paid.Payment of principal shall only be made upon (e) Cancellation. All Bonds which have beensurrender of the Bond to the Paying Agent. redeemed shall not be reissued but shall beSection 10. Execution, Authentication and cancelled by the Registrar. All Bonds which areDelivery of the Bonds. Upon the adoption of this cancelled by the Registrar shall be destroyed and aResolution, the Mayor and Clerk shall execute and certificate of the destruction thereof shall bedeliver the Bonds to the Registrar, who shall furnished promptly to the Issuer; provided that ifauthenticate the Bonds and deliver the same to or the Issuer shall so direct, the Registrar shallupon order of the Purchaser. No Bond shall be forward the cancelled Bonds to the Issuer.valid or obligatory for any purpose or shall be (f)Non-Presentment of Bonds. In the evententitled to any right or benefit hereunder unless the any payment check representing payment ofRegistrar shall duly endorse and execute on such principal of or interest on the Bonds is returned toBond a Certificate of Authentication substantially the Paying Agent or if any bond is not presentedin the form of the Certificate herein set forth. Such for payment of principal at the maturity orCertificate upon any Bond executed on behalf of redemption date, if funds sufficient to pay suchthe Issuer shall be conclusive evidence that the principal of or interest on Bonds shall have beenBond so authenticated has been duly issued under made available to the Paying Agent for the benefitthis Resolution and that the holder thereof is of the owner thereof, all liability of the Issuer toentitled to the benefits of this Resolution. the owner thereof for such interest or payment ofSection 11. Right to Name Substitute Paying such Bonds shall forthwith cease, terminate and beAgent or Registrar. Issuer reserves the right to completely discharged, and thereupon it shall bename a substitute, successor Registrar or Paying the duty of the Paying Agent to hold such funds,Agent upon giving prompt written notice to each without liability for interest thereon, for the benefitregistered bondholder. of the owner of such Bonds who shall thereafter beSection 12. Form of Bond. Bonds shall be restricted exclusively to such funds for any claimprinted in substantial compliance with standards of whatever nature on his part under thisproposed by the American Standards Institute Resolution or on, or with respect to, such interestsubstantially in the form as follows: or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 8. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 9. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the Regular Session, July 3, 199513 14 Regular Session, July 3, 1995 The text of the Bonds to be located thereon ataddress shown on the books of the Registrar and the item numbers shown shall be as follows: shall be deemed complete upon mailing. Item 1, figure 1 = "STATE OF IOWA" Ownership of this Bond may be transferred "COUNTY OF DUBUQUE"only by transfer upon the books kept for such "CITY OF DUBUQUE"purpose by Norwest Bank Iowa, N.A., the "GENERAL OBLIGATION BOND"Registrar. Such transfer on the books shall occur "ESSENTIAL CORPORATE PURPOSE" only upon presentation and surrender of this Bond Item 2, figure 1 = Rate: at the office of the Registrar as designated below, Item 3, figure 1 = Maturity: together with an assignment duly executed by the Item 4, figure 1 = Bond Date: July 1, 1995owner hereof or his duly authorized attorney in the Item 5, figure 1 = Cusip No.: form as shall be satisfactory to the Registrar. Item 6, figure 1 = "Registered" Issuer reserves the right to substitute the Registrar Item 7, figure 1 = Certificate No. and Paying Agent but shall, however, promptly Item 8, figure 1 = Principal Amount: $ give notice to registered bondholders of such Item 9, figure 1 = The City of Dubuque, Iowa,change. All bonds shall be negotiable as provided a municipal corporation organized and existingin Article 8 of the Uniform Commercial Code and under and by virtue of the Constitution and laws ofSection 384.31 of the Code of Iowa, subject to the the State of Iowa (the "Issuer"), for value received,provisions for registration and transfer contained in promises to pay from the source and as hereinafterthe Bond Resolution. provided, on the maturity date indicated above, toThis Bond is a "qualified tax-exempt Item 9A, figure 1 = (Registration panel to beobligation" designated by the City for purposes of completed by Registrar or Printer with name ofSection 265(b)(3)(B) of the Internal Revenue Registered Owner). Code of 1986. Item 10, figure 1 = or registered assigns, theAnd it is hereby represented and certified that principal sum of (principal amount written out)all acts, conditions and things requisite, according THOUSAND DOLLARS in lawful money of theto the laws and Constitution of the State of Iowa, United States of America, on the maturity dateto exist, to be had, to be done, or to be performed shown above, only upon presentation andprecedent to the lawful issue of this Bond, have surrender hereof at the designated office ofbeen existent, had, done and performed as required Norwest Bank Iowa, N.A., Paying Agent of thisby law; that provision has been made for the levy issue, or its successor, with interest on said sumof a sufficient continuing annual tax on all the from the date hereof until paid at the rate pertaxable property within the territory of the Issuer annum specified above, payable on May 1, 1996,for the payment of the principal and interest of this and semiannually thereafter on the 1st day ofBond as the same will respectively become due; November and May in each year. that the faith, credit, revenues and resources and all Interest and principal shall be paid to thethe real and personal property of the Issuer are registered holder of the Bond as shown on theirrevocably pledged for the prompt payment records of ownership maintained by the Registrarhereof, both principal and interest; and the total as of the 15th day of the month next precedingindebtedness of the Issuer including this Bond, such interest payment date. Interest shall bedoes not exceed the constitutional or statutory computed on the basis of a 360-day year of twelvelimitations. 30-day months.IN TESTIMONY WHEREOF, the Issuer by its This Bond is issued pursuant to the provisionsCouncil, has caused this Bond to be signed by the of Section 384.25 of the City Code of Iowa, for themanual signature of its Mayor purpose of paying costs of improvements and repaving of taxiways and adjacent areas at theand attested by the manual signature of its City Municipal Airport; the acquisition, construction,Clerk, with the seal of said City impressed hereon, reconstruction and improvement of storm sewersand to be authenticated by the manual signature of and related facilities for the collection and disposalan authorized representative of the Registrar, of surface water and streams; the construction,Norwest Bank Iowa, N.A., Des Moines, Iowa. reconstruction and repairing of streetItem 11, figure 1 = Date of authentication: improvements and sidewalks; the acquisition,Item 12, figure 1 = This is one of the Bonds construction, improvement and installation ofdescribed in the within mentioned Resolution, as street lighting fixtures, connections and facilities;registered by Norwest Bank Iowa, N.A.. and the acquisition, construction, reconstruction,NORWEST BANK IOWA, improvement and repair of bridges, guardrails andNATIONAL ASSOCIATION, Registrar retaining walls, in conformity to a Resolution ofBy: Authorized Signature the Council of said City duly passed and approved.Item 13, figure 1 = Registrar and Transfer Agent: Norwest Bank Iowa, N.A. Bonds maturing on or after May 1, 2004, mayPaying Agent: Norwest Bank Iowa, N.A. be called for redemption by the Issuer and paidCorporate Trust Operations before maturity on May 1, 2003 or any dateSixth & Marquette Avenue thereafter, from any funds regardless of source, inMinneapolis, MN 55479-0113 whole or from time to time in part, in any order ofSEE REVERSE FOR CERTAIN maturity and within an annual maturity by lot byDEFINITIONS giving thirty days' notice of redemption to theItem 14, figure 1 = (Seal) registered owner of the Bond. The terms ofItem 15, figure 1 = [Signature Block] redemption shall be par, plus accrued interest toCITY OF DUBUQUE, IOWA date of call.By:(manual signature) Notice hereunder may be given by registeredMayor mail to the owner of record of the Bond at theATTEST: By:(manual signature) Regular Session, July 3, 199515 City Clerk(Minor) Item 16, figure 2 = It is certified that theunder Iowa Uniform Transfers to following is a correct and complete copy of theMinors Act................... opinion of bond counsel issued as of the (State) Date of delivery of the issue of which this Bond isADDITIONAL ABBREVIATIONS MAY ALSO a part. BE USED THOUGH NOT IN THE ABOVE (manual/facsimile signature) LIST City ClerkSection 13. Contract Between Issuer and [Opinion of Bond Counsel]Purchaser. This Resolution constitutes a contract Item 17, figure 2 = [Assignment Block] between said City and the purchaser of the Bonds. [Information Required for Registration] ASSIGNMENTSection 14. Non-Arbitrage Covenants. The For value received, the undersigned herebyIssuer reasonably expects and covenants that no sells, assigns and transfers untouse will be made of the proceeds from the issuance __________________________ (Social Securityand sale of the Bonds issued hereunder which will or Tax Identification No. ______________) thecause any of the Bonds to be classified as arbitrage within Bond and does hereby irrevocablybonds within the meaning of Section 148(a) and constitute and appoint _________________(b) of the Internal Revenue Code of the United attorney in fact to transfer the said Bond on theStates, and that throughout the term of said Bonds books kept for registration of the within Bond,it will comply with the requirements of said statute with full power of substitution in the premises. and regulations issued thereunder. DatedTo the best knowledge and belief of the Issuer, _____________________________________there are no facts or circumstances that would ____materially change the foregoing statements or the ___________________________________conclusion that it is not expected that the proceeds ____of the Bonds will be used in a manner that would _____________________________________cause the Bonds to be arbitrage bonds. Without __limiting the generality of the foregoing, the Issuer (Person(s) executing this Assignment sign(s) here)hereby agrees to comply with the provisions of the SIGNATURE )Tax Exemption Certificate and the provisions of GUARANTEED)the Tax Exemption Certificate are hereby _____________________________incorporated by reference as part of this IMPORTANT - READ CAREFULLYResolution. The Treasurer is hereby directed to The signature(s) to this Power must correspondmake and insert all calculations and with the name(s) as written upon the face of thedeterminations necessary to complete the Tax certificate(s) or bond(s) in every particular withoutExemption Certificate in all respects and to alteration or enlargement or any change whatever.execute and deliver the Tax Exemption Certificate Signature guarantee must be provided inat issuance of the Bonds to certify as to the accordance with the prevailing standards andreasonable expectations and covenants of the procedures of the Registrar and Transfer Agent.Issuer at that date. Such standards and procedures may requireSection 15. Severability Clause. If any signature to be guaranteed by certain eligiblesection, paragraph, clause or provision of this guarantor institutions that participate in aResolution be held invalid, such invalidity shall recognized signature guarantee program.not affect any of the remaining provisions hereof, INFORMATION REQUIRED FORand this Resolution shall become effective REGISTRATION OF TRANSFERimmediately upon its passage and approval. Name of Transferee(s) Section 16. Additional Covenants, Representations and Warranties of the Issuer. The Address of Transferee(s)Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time Social Security or Tax Identification Numberoutstanding that the Issuer through its officers, (a) of Transferee(s)will make such further specific covenants, representations and assurances as may be Transferee is a(n): necessary or advisable; (b) comply with all Individual* Corporation representations, covenants and assurances _contained in the Tax Exemption Certificate, which Partnership Tax Exemption Certificate shall constitute a part Trust of the contract between the Issuer and the owners *If the Bond is to be registered in the names ofof the Bonds; (c) consult with bond counsel (as multiple individual owners, the names of all suchdefined in the Tax Exemption Certificate); (d) pay owners and one address and social security numberto the United States, as necessary, such sums of must be provided.money representing required rebates of excess The following abbreviations, when used in thearbitrage profits relating to the Bonds; (e) file such inscription on the face of this Bond, shall beforms, statements and supporting documents as construed as though written out in full according tomay be required and in a timely manner; and (f) if applicable laws or regulations:deemed necessary or advisable by its officers, to TEN COM - as tenants in commonemploy and pay fiscal agents, financial advisors, TEN ENT - as tenants by the entiretiesattorneys and other persons to assist the Issuer in JT TEN - as joint tenants with right ofsuch compliance. survivorship and not as tenants in commonSection 17. Amendment of Resolution to IA UNIF TRANS MIN ACT -Maintain Tax Exemption. This Resolution may be ..........Custodian..........amended without the consent of any owner of the (Cust)Bonds if, in the opinion of bond counsel, such 16 Regular Session, July 3, 1995 amendment is necessary to maintain tax exemptionWHEREAS, the Security Agreement entered with respect to the Bonds under applicable Federalinto by and between the City and FDL dated law or regulations.December 6, 1982, provides in Paragraph 5(c) that Section 18. Qualified Tax-Exemptupon written request of FDL from time to time, the Obligations. For the sole purpose of qualifying theCity agrees to subordinate, by appropriate Bonds as "Qualified Tax Exempt Obligations"documentation, its security interest in certain pursuant to the Internal Revenue Code of thecollateral, particularly inventory and accounts United States, the Issuer designates the Bonds asreceivable, to a bank or other financial institution qualified tax-exempt obligations and representsor financial entity for the purpose of securing that the reasonably anticipated amount of taxrepayment of money borrowed by FDL for exempt governmental and Code Section 501(c)3operating capital under its revolving lines of credit; obligations which will be issued during the currentand calendar year will not exceed Ten (10) MillionWHEREAS, on July 6, 1993, the City Council Dollars.of City upon the request of FDL passed Resolution Section 19. Repeal of Conflicting ResolutionsNo. 203-93 which authorized the Mayor to sign a or Ordinances. That all ordinances and resolutionssubordination agreement with Dubuque Foods, and parts of ordinances and resolutions in conflictInc. and Rochelle Foods, Inc. as creditors of FDL; herewith are hereby repealed.and Section 20. That a certified copy of thisWHEREAS, Dubuque Foods, Inc. and Resolution be filed with the County Auditor ofRochelle Foods, Inc. did not execute the Dubuque County, Iowa, and that said Auditor besubordination agreement authorized by said and is hereby instructed in and for each of theResolution No. 203-93, and years as provided, to levy and assess the tax herebyWHEREAS, FDL has reapplied to the City for authorized in Section 2 of this Resolution in likea subordination to Dubuque Foods, Inc. and manner as other taxes are levied and assessed, andRochelle Foods, Inc. as FDL's revolving line of that such taxes so levied in and for each of thecredit lenders. years aforesaid be collected in like manner as otherNOW, THEREFORE, BE IT RESOLVED BY taxes of said City are collected, and whenTHE CITY COUNCIL OF THE CITY OF collected, be used for the purpose of payingDUBUQUE, IOWA: principal and interest on said bonds issued inSection 1. That the City Council Resolution anticipation of said tax, and for no other purposeNo. 203-93 is hereby rescinded. whatsoever; which action requires a modificationSection 2. That the Mayor of the City of and change of the levies originally made inDubuque, Iowa, be and he is hereby authorized accordance with the bond resolution certified toand directed to execute the Subordination and filed in the Auditor's Office on March 8, 1995.Agreement with Dubuque Foods, Inc. and Passed, approved and adopted this 3rd day ofRochelle Foods, Inc. a copy of which is attached July, 1995.hereto and made a part hereof, on behalf of the Terrance E. Duggan, MayorCity of Dubuque, Iowa. Attest:Section 3. That the City Clerk of the City of Mary A. Davis, City ClerkDubuque, Iowa be and she is hereby directed to Council Member Voetberg moved adoption ofattest said Subordination Agreement, and upon the Resolution. Seconded by Council Memberexecution, to deliver the original thereof to FDL Nagle. Carried by the following vote:Foods, Inc. Yeas—Mayor Duggan, Council MembersPASSED, APPROVED, AND ADOPTED Kluesner, Krieg, Nagle, Nicholson, Robbins,THIS 3RD DAY OF JULY, 1995. Voetberg. Nays—None.Terrance M. Duggan, Mayor Mary Davis, City Clerk City Manager recommending approval of aCouncil Member Voetberg moved adoption of subordination agreement with Dubuque Foods,the Resolution. Seconded by Council Member Inc. and Rochelle Foods, Inc., presented and read.Nagle. Carried by the following vote: Council Member Voetberg moved that theYeas—Mayor Duggan, Council Members communication be received and filed. SecondedKluesner, Krieg, Nagle, Nicholson, Robbins, by Council Member Nagle. Carried by theVoetberg. Nays—None. following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson,City Manager recommending to negotiate and Robbins, Voetberg. Nays—None.execute contract with ATE for management services for Keyline Transit Division, presented and read. Council Member Kluesner moved that RESOLUTION NO. 238-95 A RESOLUTION RESCINDINGthe communication be received and filed. RESOLUTION NO. 203-93 ANDSeconded by Council Member Nagle. Carried by AUTHORIZING AND DIRECTING THEthe following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, MAYOR TO EXECUTE A SUBORDINATION AGREEMENT WITHNicholson, Robbins, Voetberg. Nays—None. DUBUQUE FOODS, INC. AND ROCHELLE FOODS, INC.RESOLUTION NO. 239-95 WHEREAS, the City of Dubuque, Iowa,Whereas, proposals were solicited from various ("City") and the U.S. Department of Housing andTransit Management firms for providing Urban Development have heretofore entered intomanagement and related professional services to a Grant Agreement for an Urban Developmentthe Keyline Transit Division; and Action Grant, the proceeds of which were loanedWhereas, the firm of ATE Management and to FDL Foods, Inc. ("FDL") for its renovation andService Company, Inc. of Cincinnati, Ohio capital improvement project; and Regular Session, July 3, 199517 provided the best overall proposal for providingYeas—Mayor Duggan, Council Members said services to Keyline.Kluesner, Krieg, Nagle, Nicholson, Robbins, NOW, THEREFORE, BE IT RESOLVED BYVoetberg. Nays—None. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:Corporation Counsel advising of language Section 1. That the City Manager bechange to be included on deed regarding exchange authorized to negotiate and execute a contract withof Ice Harbor property to Dubuque Casino Belle, ATE Management and Service Company, Inc. ofInc. and Dubuque County Historical Society, Cincinnati, Ohio for providing transit managementpresented and read. Council Member Kluesner and related professional services to the Keylinemoved that the communications be received and Transit Division.filed. Seconded by Council Member Nagle. Passed, approved and adopted this 3rd day ofCarried by the following vote: Yeas—Mayor July, 1995.Duggan, Council Members Kluesner, Krieg, Terrance M. Duggan, MayorNagle, Nicholson, Robbins, Voetberg. Attest:Nays—None. Mary A. Davis, City Clerk Council Member Kluesner moved adoption ofRESOLUTION NO. 241-95 the Resolution. Seconded by Council MemberNOW, THEREFORE, BE IT RESOLVED BY Nagle. Carried by the following vote:THE CITY COUNCIL OF THE CITY OF Yeas—Mayor Duggan, Council MembersDUBUQUE, IOWA: Kluesner, Krieg, Nagle, Nicholson, Robbins,That the following having complied with the Voetberg. Nays—None.provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be Proof of Publication certified to by thegranted a permit to sell Cigarettes and Cigarette Publisher on Notice to Bidders on Receipt of bidsPapers within said City. for Construction of East 20th Street-RhombergAdmirals Hi-Hat West Inc.Donald Meyers Avenue Asphalt Resurfacing Project and City253 Main St Manager recommending to award contract forJFK Amoco FoodshopMulgrew Oil Co. project, presented and read. Council Member1701 JFK Rd Kluesner moved that the communications beOky Doky # 21Trans Miss Investment received and filed. Seconded by Council Member2010 Kerper Bvd Robbins. Carried by the following vote:Oky Doky # 6TFM Co. Yeas—Mayor Duggan, Council Members1256 Iowa ST Kluesner, Krieg, Nagle, Nicholson, Robbins,Oky Doky # 2 TFM Co. Voetberg. Nays—None.51 W 32nd St Oky Doky # 1TFM Co. RESOLUTION NO. 240-95250 W 1st Sfikas RestaurantGrandma's Pantry, Inc. AWARDING CONTRACT Whereas, sealed proposals have been submitted401 Central Ave by contractors for the E. 20th Street - RhombergTown Clock InnStephanie Nelson Avenue Asphalt Resurfacing Project pursuant to(MY-CAP)Town Clock Plaza Resolution No. 198-95 and notice to biddersPassed, approved and adopted this 3rd day of published in a newspaper published in the City ofJuly, 1995. Dubuque, Iowa on the 18th day of May, 1995.Terrance M. Duggan, Mayor Whereas, said sealed proposals were openedAttest: and read on the 22nd day of June, 1995 and it hasMary A. Davis, City Clerk been determined that the bid of HorsfieldCouncil Member Kluesner moved adoption of Construction, Inc. of Epworth, Iowa in the amountthe Resolution. Seconded by Council Member of $940,039.53 was the lowest bid for theVoetberg. Carried by the following vote: furnishings of all labor and materials andYeas—Mayor Duggan, Council Members performing the work as provided for in the plansKluesner, Krieg, Nagle, Nicholson, Robbins, and specifications.Voetberg. Nays—None. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFRESOLUTION NO. 242-95 DUBUQUE, IOWA:Whereas, applications for Beer Permits have That the contract for the above improvement bebeen submitted and filed to this Council for awarded to Horsfield Construction, Inc. and theapproval and the same have been examined and Manager be and is hereby directed to execute aapproved; and contract on behalf of the City of Dubuque for theWhereas, the premises to be occupied by such complete performance of the work.applicants were inspected and found to comply BE IT FURTHER RESOLVED:with the Ordinances of this City and have filed That upon the signing of said contract and theproper bonds. approval of the contractor's bond, the CityNOW, THEREFORE, BE IT RESOLVED BY Treasurer is authorized and instructed to return theTHE CITY COUNCIL OF THE CITY OF bid deposits of the unsuccessful bidders.DUBUQUE, IOWA: Passed, approved and adopted this 3rd day ofThat the Manager be authorized to cause to be July, 1995.issued the following named applicants a Beer Terrance M. Duggan, MayorPermit. Attest:CLASS "C" BEER PERMIT Mary A. Davis, City ClerkKristina L. ChapmanOky Doky # 4 Council Member Kluesner moved adoption of+(Sunday Sales)1050 University the Resolution. Seconded by Council MemberCLASS "BE" BEER PERMIT Robbins. Carried by the following vote:Jean A. AlthausFamily Beverage Center 18 Regular Session, July 3, 1995 3400 Centralby Council Member Nagle. Carried by the CLASS "B" BEER PERMIT following vote: Yeas—Mayor Duggan, Council (5 Day Special Event)Members Kluesner, Krieg, Nagle, Nicholson, Dubuque JayceesDubuque JayceesRobbins, Voetberg. Nays—None. (7-21 & 8-25)Town Clock Inn +(Outdoor Service) RESOLUTION NO. 244-95 Passed, approved and adopted this 3rd day ofRESOLUTION APPROVING PLAT OF July 1995PROPOSED VACATED ALLEY EAST OF Terrance M. Duggan, MayorSTEWART STREET ABUTTING LOTS 15, Attest: 16 & 17 OF LOETSCHER & TRUEBS Mary A Davis, City ClerkSUBDIVISION Council Member Kluesner moved adoption ofWhereas, there has been presented to the City the Resolution. Seconded by Council MemberCouncil of the City of Dubuque, Iowa, a plat dated Voetberg. Carried by the following vote:June 8, 1995, prepared by Buesing and Associates Yeas—Mayor Duggan, Council Membersof Dubuque, Iowa, describing the proposed Kluesner, Krieg, Nagle, Nicholson, Robbins,vacated alley east of Stewart Street abutting Lots Voetberg. Nays—None. 15, 16 & 17 of Loetscher & Truebs Subdivision; and RESOLUTION NO. 243-95Whereas, said plat conforms to the laws and Whereas, applications for Liquor Licenses havestatutes pertaining thereto. been submitted to this Council forNOW, THEREFORE, BE IT RESOLVED BY approval and the same have been examined andTHE CITY COUNCIL OF THE CITY OF approved; andDUBUQUE, IOWA: Whereas, the premises to be occupied by suchSection 1. That the plat dated June 8, 1995 applicants were inspected and found toprepared by Buesing and Associates, relative to the comply with the State Laws and all Cityreal estate hereinabove described be and the same Ordinances relevant thereto and they have filed is hereby approved, and the Mayor and City Clerk proper bonds.be and they are hereby authorized and directed to NOW, THEREFORE, BE IT RESOLVED BYexecute said plat for and on behalf of the City of THE CITY COUNCIL OF THE CITY OFDubuque, Iowa. DUBUQUE, IOWA:Section 2. The City reserves unto itself a That the Manager be authorized to cause to beperpetual easement including the right of ingress issued the following named applicantsand egress thereto, for the purpose of erecting, a Liquor License.installing, constructing, reconstructing, repairing, CLASS "C" (COMMERCIAL)owning, operating, and maintaining water, sewer, LIQUOR LICENSEdrainage, gas, telephone, t.v. cable and electric Jason, Inc.Park Square Tavernlines as may be authorized by the City of +(Sunday Sales) 600 Central AveDubuque, Iowa. Creslanes Bowling Inc. Creslanes BowlingInc.Section 3. That the City Clerk be and is hereby +(Sunday Sales)255 S. Main Stauthorized and directed to file said plat and Craig J. WeinerWalnut Tapcertified copy of this resolution in the office of the 709 University AveRecorder, in and for Dubuque County, Iowa. CLASS C "BW" SPECIALPassed, approved and adopted this 3rd day of BEER/WINE LICENSEJuly, 1995. Jer-Mo Inc.Floridino's 660 Iowa St Terrance M. Duggan, Mayor Passed, approved and adopted this 3rd day ofAttest: July , 1995Mary A. Davis, City Clerk Terrance M. Duggan, MayorCouncil Member Kluesner moved adoption of Attest:the Resolution. Seconded by Council Member Mary A. Davis, City ClerkNagle. Carried by the following vote: Council Member Kluesner moved adoption ofYeas—Mayor Duggan, Council Members the Resolution. Seconded by Council MemberKluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Carried by the following vote:Voetberg. Nays—None. Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins,An Ordinance Vacating alley located East of Voetberg. Nays—None. Stewart Street, presented and read. Rainbo Rides submitting a New Application for (OFFICIAL PUBLICATION) a Taxicab Operator Permit, presented and read.ORDINANCE NO. 46-95 Council Member Voetberg moved that this matterORDINANCE VACATING AN ALLEY EAST be set for Public Hearing on August 7, 1995 atOF STEWART STREET ABUTTING LOTS 7:00 p.m. and that the City Clerk be directed to 15, 16 & 17 OF LOETSCHER & TRUEBS publish notice in the manner prescribed by law.SUBDIVISION Seconded by Council Member Nagle. Carried byWhereas, Dan Regan has requested the the following vote: Yeas—Mayor Duggan,vacating of a portion of an alley east of Stewart Council Members Kluesner, Krieg, Nagle,Street abutting Lots 15, 16 & 17 of Loetscher & Nicholson, Robbins, Voetberg. Nays—None.Truebs Subdivision; and Whereas, Buesing and Associates, Dubuque, City Manager recommending vacation of anIowa, has prepared and submitted to the City alley located east of Stewart St., presented andCouncil a plat showing the vacated alley and read. Council Member Kluesner moved that theassigned lot numbers thereof, which hereinafter communication be received and filed. Secondedshall be known and described as Lot 15A and Lot Regular Session, July 3, 199519 16A in Loetscher & Truebs Subdivision in the CitySection 1. That the City of Dubuque intends to of Dubuque, Dubuque County, Iowa; anddispose of its interest in Lot 15A and Lot 16A in Whereas, the City Council of the City ofLoetscher & Truebs Subdivision in the City of Dubuque, Iowa has determined that this alley is noDubuque, Iowa. longer required for public use, and vacating of saidSection 2. That the conveyance of Lot 15A and alley known as Lot 15A and 16A in Loetscher &16A in Loetscher & Truebs Subdivision in the City Truebs Subdivision in the City of Dubuque,of Dubuque, Iowa to Daniel & Carol Regan be Dubuque County, Iowa, should be approved.contingent upon the payment of $300.00, plus NOW, THEREFORE, BE IT RESOLVED BYpublication and filing fees. THE CITY COUNCIL OF THE CITY OFSection 3. The City reserves unto itself a DUBUQUE, IOWA:perpetual easement including the right of ingress Section 1. That the real estate described as Lotand egress thereto, for the purpose of erecting, 15A and Lot 16A in Loetscher & Truebsinstalling, constructing, reconstructing, repairing, Subdivision in the City of Dubuque, Iowa, be andowning, operating, and maintaining water, sewer, the same is hereby vacated.drainage, gas, telephone, t.v. cable and electric Section 2. The City reserves unto itself alines as may be authorized by the City of perpetual easement including the right of ingressDubuque, Iowa. and egress thereto, for the purpose of erecting,Section 4. That the City Clerk be and is hereby installing, constructing, reconstructing, repairing,authorized and directed to cause notice of intent to owning, operating, and maintaining water, sewer,dispose of said real estate to be published in the drainage, gas, telephone, t.v. cable and electricmanner as prescribed by law. lines as may be authorized by the City ofPassed, approved and adopted this 3rd day of Dubuque, Iowa.July, 1995. Passed, approved and adopted this 3rd day ofTerrance M. Duggan, Mayor July, 1995. Terrance M. Duggan, MayorAttest: Attest:Mary A. Davis, City Clerk Mary A. Davis, City ClerkCouncil Member Kluesner moved adoption of Published officially in the Telegraph Heraldthe Resolution and set the matter for public hearing this 12th day of July, 1995.for July 17, 1995 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk 1t 7/12Mary A. Davis, City Clerk Council Member Kluesner moved that thepublish notice in the manner prescribed by law. requirement that a proposed Ordinance beSeconded by Council Member Nagle. Carried by considered and voted on for passage at twothe following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded byNicholson, Robbins, Voetberg. Nays—None. Council Member Nagle. Carried by the following City Manager submitting documents providing vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins,for bidding process for Olympic Heights Road Voetberg. Nays—None. Council MemberSanitary Sewer and Water Main Extension, Kluesner moved final consideration and passage ofpresented and read. Council Member Kluesner moved that the communication be received and the Ordinance. Seconded by Council Member Nagle. Carried by the following vote:filed. Seconded by Council Member Voetberg. Yeas—Mayor Duggan, Council MembersCarried by the following vote: Yeas—Mayor Kluesner, Krieg, Nagle, Nicholson, Robbins,Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Voetberg. Nays—None. Nays—None. RESOLUTION NO. 245-95 RESOLUTION DISPOSING OF CITYRESOLUTION NO. 246-95 INTEREST IN LOT 15A AND LOT 16A INPRELIMINARY APPROVAL OF LOETSCHER AND TRUEBS SUBDIVISIONPLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY IN THE CITY OF DUBUQUE, IOWA THE CITY COUNCIL OF THE CITY OF Whereas, Dan Regan has requested the vacating of an alley east of Stewart Street abuttingDUBUQUE, IOWA: Lots 15, 16 & 17 of Loetscher & TruebsThat the proposed plans, specifications, form of Subdivision; andcontract and estimated cost for the Olympic Heights Road Sanitary Sewer and Watermain Whereas, Buesing and Associates of Dubuque, Iowa has prepared and submitted to the CityExtension, in the estimated amount of Council a plat showing the vacated alley and$639,580.02, are hereby approved and ordered assigned lot numbers thereto, which hereinafterfiled in the office of the City Clerk for public shall be known and described as Lot 15A and Lotinspection. 16A in Loetscher & Truebs Subdivision in the CityPassed, adopted and approved this 3rd day of of Dubuque, Iowa; andJuly, 1995. Terrance M. Duggan, Mayor Whereas, the City Council of the City of Dubuque, Iowa has determined that this alley is noAttest: longer required for public use, and vacating andMary A. Davis, City Clerk sale of said alley known as Lot 15A and Lot 16ACouncil Member Kluesner moved adoption of the Resolution. Seconded by Council Member in Loetscher & Truebs Subdivision in the City of Dubuque, Dubuque County, Iowa should beVoetberg. Carried by the following vote: approved.Yeas—Mayor Duggan, Council Members NOW, THEREFORE, BE IT RESOLVED BYKluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 20 Regular Session, July 3, 1995 RESOLUTION NO. 247-95assessment limits, and in an amount not to exceed that provided by law, and in proportion to the FIXING DATE OF HEARING ON special benefits conferred. PLANS AND SPECIFICATIONS Whereas, the City Council of the City ofThe portion of the cost which shall be borne by Dubuque, Iowa has given its preliminary approvalthe City will be paid from Sewer Construction and on the proposed plans, specifications, and form ofWater Depreciation Funds and special assessment contract and placed same on file in the office of thebonds may be issued in anticipation of deferred City Clerk for public inspection of the Olympicpayments of assessments when a contract has been Heights Road Sanitary Sewer and Watermainperformed and accepted, and the proceeds thereof Extension.used to pay the contractor. NOW THEREFORE, BE IT RESOLVED BYThe above resolution was introduced, approved THE CITY COUNCIL OF THE CITY OFand ordered placed on file with the City Clerk this DUBUQUE, IOWA:3rd day of July, 1995. That on the 7th day of August, 1995, a publicApproved and placed on file for final action. hearing will be held at 7:00 p.m. in the PublicTerrance M. Duggan, Mayor Library Auditorium at which time interestedAttest: persons may appear and be heard for or against theMary A. Davis, City Clerk proposed plans and specifications, form of contractCouncil Member Kluesner moved adoption of and cost of said improvement, and the City Clerkthe Resolution. Seconded by Council Member be and is hereby directed to cause a notice of timeVoetberg. Carried by the following vote: and place of such hearing to be published in aYeas—Mayor Duggan, Council Members newspaper having general circulation in the City ofKluesner, Krieg, Nagle, Nicholson, Robbins, Dubuque, Iowa, which notice shall be not less thanVoetberg. Nays—None. four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any RESOLUTION NO. 249-95 interested person may appear and file objections toFIXING DATE OF HEARING ON the proposed plans, specifications, contract, orRESOLUTION OF NECESSITY estimated cost of the improvement.Whereas, the City Council of the City of Passed, adopted and approved this 3rd day ofDubuque, Iowa, has given its preliminary approval July, 1995.on the proposed plans, specifications and form of Terrance M. Duggan, Mayorcontract and placed same on file in the office of the Attest:City Clerk for public inspection, for the Olympic Mary A. Davis, City ClerkHeights Road Sanitary Sewer and Watermain Council Member Kluesner moved adoption ofExtension, and, the Resolution. Seconded by Council MemberWhereas, the proposed Resolution of Necessity Voetberg. Carried by the following vote:for said improvement has been introduced and is Yeas—Mayor Duggan, Council Membersnow on file in the City Clerk's office for public Kluesner, Krieg, Nagle, Nicholson, Robbins,inspection. Voetberg. Nays—None. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 248-95DUBUQUE, IOWA: RESOLUTION OF NECESSITYThat on the 7th day of August, 1995, a public Whereas, proposed plans have been dulyhearing will be held at 7:00 o'clock p.m. in the prepared and approved by the City Council of thePublic Library Auditorium in the City of Dubuque City of Dubuque and are now on file in the officeat which time the owners of property subject to of City Clerk showing among other things theassessment for the proposed improvement or any plans, specifications, form of contract, estimatedother person having an interest in the matter may cost and preliminary plat and schedule showing theappear and be heard for or against the making of amount proposed to be assessed against each lotthe improvement, the boundaries of the district, the and the valuation of each lot as filed by the Citycost, the assessment against any lot, or the final Council, for the Olympic Heights Road Sanitaryadoption of a resolution of necessity and the City Sewer and Watermain Extension.Clerk be and is hereby authorized and directed to NOW THEREFORE, BE IT RESOLVED BYcause a notice of time and place of such hearing to THE CITY COUNCIL OF THE CITY OFbe published in a newspaper having general DUBUQUE, IOWA:circulation in the City of Dubuque, Iowa, which That the City Council deems it advisable andnotice shall be published once each week for two necessary for the public welfare to make the hereinconsecutive weeks, the first publication of which mentioned improvements, and unless propertyshall be not less than ten days prior to the day fixed owners at the time of the final consideration of thisfor its consideration. Unless property owners at the proposed resolution have on file with the Citytime of the final consideration of this proposed Clerk objections to the resolution of necessity, theyresolution have on file with the City Clerk shall be deemed to have waived all objectionsobjections to the Resolution of Necessity they shall pertaining to the regularity of the proceeding andbe deemed to have waived all objections thereto. the legality of using the special assessmentPassed, adopted and approved this 3rd day of procedure.July, 1995. Said improvements shall be constructed andTerrance M. Duggan, Mayor done in accordance with the plans andAttest: specifications which have been approved by theMary A. Davis, City Clerk City Council and now on file with the City Clerk.Council Member Kluesner moved adoption of That the cost and expense of making suchthe Resolution. Seconded by Council Member improvement will be assessed partially or totallyVoetberg. Carried by the following vote: against privately owned property lying with theYeas—Mayor Duggan, Council Members Regular Session, July 3, 199521 Kluesner, Krieg, Nagle, Nicholson, Robbins,That on the 17th day of July, 1995, a public Voetberg. Nays—None. hearing will be held at 7:00 p.m. in the Public Library Auditorium at which time interested RESOLUTION NO. 250-95persons may appear and be heard for or against the proposed plans and specifications, form of contract RESOLUTION APPROVING PRELIMINARY SCHEDULE OFand cost of said improvement, and the City Clerk ASSESSMENTSbe and is hereby directed to cause a notice of time NOW THEREFORE, BE IT RESOLVED BYand place of such hearing to be published in a THE CITY COUNCIL OF THE CITY OFnewspaper having general circulation in the City of DUBUQUE, IOWA:Dubuque, Iowa, which notice shall be not less than That the attached sheets, 1 to 2 inclusive, arefour days nor more than twenty days prior to the hereby determined to be the schedule of proposedday fixed for its consideration. At the hearing, any assessments for the Olympic Heights Roadinterested person may appear and file objections to Sanitary Sewer Extension and the valuations setthe proposed plans, specifications, contract, or out herein are hereby approved.estimated cost of the improvement. Passed, approved and adopted this 3rd day ofPassed, adopted and approved this 3rd day of July, 1995.July, 1995. Terrance M. Duggan, MayorTerrance M. Duggan, Mayor Attest:Attest: Mary A. Davis, City ClerkMary A. Davis, City Clerk Council Member Kluesner moved adoption ofCouncil Member Kluesner moved adoption of the Resolution. Seconded by Council Memberthe Resolution. Seconded by Council Member Voetberg. Carried by the following vote:Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council MembersYeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins,Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Voetberg. Nays—None. City Manager submitting documents providingRESOLUTION NO. 253-95 for bidding process for Hamilton Street SanitaryORDERING BIDS Sewer Reconstruction project, presented and read.NOW THEREFORE, BE IT RESOLVED BY Council Member Kluesner moved that theTHE COUNCIL OF THE CITY OF DUBUQUE, communication be received and filed. SecondedIOWA: by Council Member Nagle. Carried by theThat the Hamilton Street Sanitary Sewer following vote: Yeas—Mayor Duggan, CouncilReconstruction is hereby ordered to be advertised Members Kluesner, Krieg, Nagle, Nicholson,for bids for construction. Robbins, Voetberg. Nays—None.BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the RESOLUTION NO. 251-95 PRELIMINARY APPROVAL OFprovisions of the notice to bidders hereby approved PLANS AND SPECIFICATIONSas a part of the plans and specifications heretofore NOW THEREFORE, BE IT RESOLVED BYadopted. THE CITY COUNCIL OF THE CITY OFThat the City Clerk is hereby directed to DUBUQUE, IOWA:advertise for bids for the construction of the That the proposed plans, specifications, form ofimprovements herein provided, to be published in contract and estimated cost for the Hamilton Streeta newspaper having general circulation in the City Sanitary Sewer Reconstruction, in the estimatedof Dubuque, Iowa, which notice shall not be less amount of $32,219.96, are hereby approved andthan four days nor more than twenty days prior to ordered filed in the office of the City Clerk forthe receipt of said bids at 2:00 p.m. on the 11th public inspection.day of July, 1995. Bids shall be opened and read Passed, adopted and approved this 3rd day ofby the City Clerk at said time and will be July, 1995.submitted to the Council for final action at 7:00 Terrance M. Duggan, Mayorp.m. on the 17th day of July, 1995. Attest:Passed, adopted and approved this 3rd day of Mary A. Davis, City ClerkJuly, 1995. Council Member Kluesner moved adoption ofTerrance M. Duggan, Mayor the Resolution. Seconded by Council MemberAttest: Nagle. Carried by the following vote:Mary A. Davis, City Clerk Yeas—Mayor Duggan, Council MembersCouncil Member Kluesner moved adoption of Kluesner, Krieg, Nagle, Nicholson, Robbins,the Resolution. Seconded by Council Member Voetberg. Nays—None.Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members RESOLUTION NO. 252-95Kluesner, Krieg, Nagle, Nicholson, Robbins, FIXING DATE OF HEARING ONVoetberg. Nays—None. PLANS AND SPECIFICATIONS Whereas, the City Council of the City ofThere being no further business, Council Dubuque, Iowa has given its preliminary approvalMember Voetberg moved to adjourn. Seconded by on the proposed plans, specifications, and form ofCouncil Member Nicholson. Carried by the contract and placed same on file in the office of thefollowing vote: Yeas—Mayor Duggan, Council City Clerk for public inspection of the HamiltonMembers Kluesner, Krieg, Nagle, Nicholson, Street Sanitary Sewer Reconstruction.Robbins, Voetberg. Nays—None. Meeting NOW THEREFORE, BE IT RESOLVED BYadjourned at 8:39 p.m. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 22 Regular Session, July 3, 1995 Mary A. Davis CMC City Clerk Approved______________________ , 1996. Adopted _______________________ , 1996. ____________________________________ Mayor ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ Council Members Attest: ____________________________________ City Clerk Board of Health, July 17, 19952 CITY OF DUBUQUE Approved __________________, 1996. Adopted ___________________, 1996. BOARD OF HEALTH ____________________________________ QUARTERLY Chairperson MEETING ____________________________________ Board of Health, Regular Quarterly Meeting, July 17, 1995 ____________________________________ Board met at 6:55 p.m., Public Library Auditorium ____________________________________ Present: Chairperson Duggan, Board Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. ____________________________________ Chairperson Duggan read the call and stated this is the Regular Quarterly Session of the City Board of Health called for the purpose to act upon ____________________________________ such business which may properly come before the Board. ____________________________________ City Manager recommending approval of new Board Members agreement for public health nursing services from the Visiting Nurses Association (VNA), presented and read. Board Member Kluesner moved that the Attest: communication be received and filed and recommendation approved. Seconded by Board ____________________________________ Member Robbins. Carried by the following vote: Secretary, Board of Health Yeas—Chairperson Duggan, Board Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. City Manager recommending support of a grant application from the Visiting Nurses Association to the Iowa Department of Public Health, presented and read. Board Member Krieg moved that the communication be received and filed and application approved. Seconded by Board Member Nagle. Carried by the following vote: Yeas—Chairperson Duggan, Board Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. There being no further business, Board Member Kluesner moved to adjourn. Seconded by Board Member Voetberg. Carried by the following vote: Yeas—Chairperson Duggan, Board Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Meeting adjourned at 6:58 p.m. Mary A. Davis, CMC Secretary, Board of Health Regular Session, July 17, 19953 Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. DUBUQUE Corporation Counsel advising property damage claim of R.R. Realty & Computer Doctors, Inc. CITY COUNCIL has been referred to Crawford & Company, the agent for the Iowa Communities Assurance Pool, presented and read. Council Member Voetberg OFFICIAL moved that the communication be received and filed. Seconded by Council Member Nicholson. PROCEEDINGS Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Regular City Council Meeting, July 17, 1995 Nays—None. Council met at 7:00 p.m., Public Library Auditorium. Corporation Counsel recommending settlement Present: Mayor Duggan, Council Members of car damage claim of Kelly Sullivan Soley in the Kluesner, Krieg, Nagle, Nicholson, Robbins, amount of $99.53, presented and read. Council Voetberg, City Manager Michael Van Milligen, Member Voetberg moved that the communication Corporation Counsel Barry A. Lindahl. be received and filed and approved the settlement and Finance Director to issue proper check. Mayor Duggan read the call and stated this is Seconded by Council Member Nicholson. Carried the Regular Session of the City Council called for by the following vote: Yeas—Mayor Duggan, the purpose to act upon such business which may Council Members Kluesner, Krieg, Nagle, properly come before the Council. Nicholson, Robbins, Voetberg. Nays—None. Invocation was given by Rev. Kristian Kincaid, Jason Emmert advising of his resignation, Pastor of Our Redeemer Lutheran Church. representing the Youth position, from the Environmental Stewardship Commission, PROCLAMATION — July 25 - 30 as presented and read. Council Member Voetberg "Dubuque County Fair Week" received by 4-H moved that the communication be received and King Scott Tauke and 4-H Queen Laura Vaske. filed and resignation accepted with regret. Seconded by Council Member Nicholson. Carried MINUTES SUBMITTED — Housing by the following vote: Yeas—Mayor Duggan, Commission Trust Fund Committee of 6-22; Council Members Kluesner, Krieg, Nagle, Human Rights Commission of 6-12; Library Nicholson, Robbins, Voetberg. Nays—None. Board of Trustees of 5-25; Zoning Commission of 7-5, presented and read. Council Member Communication of Robert Bradley and Jean Voetberg moved that the minutes be received and Rafoth requesting voluntary annexation of filed. Seconded by Council Member Nicholson. property located to the south of 3556 Crescent Carried by the following vote: Yeas—Mayor Ridge Rd. and City Manager recommending to Duggan, Council Members Kluesner, Krieg, proceed with process regarding above annexation Nagle, Nicholson, Robbins, Voetberg. and set 8-7-95 as time to consider request, Nays—None. presented and read. Council Member Voetberg moved that the communications be received and Certification on publication of City Council filed. Seconded by Council Member Nicholson. Meeting of 6-19-95, presented and read. Council Carried by the following vote: Yeas—Mayor Member Voetberg moved that the certification be Duggan, Council Members Kluesner, Krieg, received and filed. Seconded by Council Member Nagle, Nicholson, Robbins, Voetberg. Nicholson. Carried by the following vote: Nays—None. Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, City Manager recommending approval of Voetberg. Nays—None. Services Agreement with Dubuque Humane Society, presented and read. Council Member Printed Council Proceedings for approval for Voetberg moved that the communication be months of August, September and October, 1994, received and filed. Seconded by Council Member presented and read. Council Member Voetberg Nicholson. Carried by the following vote: moved that the proceedings be approved as printed. Yeas—Mayor Duggan, Council Members Seconded by Council Member Nicholson. Kluesner, Krieg, Nagle, Nicholson, Robbins, Carried by the following vote: Yeas—Mayor Voetberg. Nays—None. Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. RESOLUTION NO. 254-95 Nays—None. APPROVING A PURCHASE OF SERVICES NOTICES OF CLAIMS/SUITS — Duane Brown AGREEMENT BETWEEN THE CITY OF in estimated amount between $500.00 to $700.00 DUBUQUE AND THE DUBUQUE HUMANE for property damages; John Herrig in amount of SOCIETY AND AUTHORIZING AND $1,200 for property damages; Elaine Wickler in DIRECTING THE MAYOR TO EXECUTE amount of $105.95 for vehicle damages, presented SAID AGREEMENT ON BEHALF OF THE and read. Council Member Voetberg moved that CITY OF DUBUQUE, IOWA. the claims and suits be referred to Legal Staff for Whereas, the City of Dubuque does not operate investigation and report. Seconded by Council its own shelter for dogs, cats and other animals Member Nicholson. Carried by the following vote: which may be taken up or received pursuant to Yeas—Mayor Duggan, Council Members Regular Session, July 17, 1995 4 Article II of Chapter 7 of the Code of OrdinancesSection 2. That the City Manager is hereby of the City; andauthorized and directed to execute said Agreement Whereas, the Dubuque Humane Society is anon behalf of the City. incorporated society for the prevention of crueltyPassed, approved and adopted this 17th day of of animals and does maintain a shelter for theJuly, 1995. custody of lost, strayed or homeless dogs, cats, orTerrance M. Duggan, Mayor other animals and for the disposition and/orAttest: destruction of such animals not redeemed and/orMary A. Davis, City Clerk diseased; andCouncil Member Voetberg moved adoption of Whereas, it is deemed to be in the best interestthe Resolution. Seconded by Council Member of the City of Dubuque to enter into an agreementNicholson. Carried by the following vote: with the Dubuque Humane Society to provideYeas—Mayor Duggan, Council Members animal shelter services for the City.Kluesner, Krieg, Nagle, Nicholson, Robbins, NOW, THEREFORE, BE IT RESOLVED BYVoetberg. Nays—None. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:City Manager recommending acceptance of Section 1. That the attached Purchase ofPatent No. 4499 from the State of Iowa conveying Services Agreement by and between the City ofproperty located on 12th Street to the City, Dubuque, Iowa and Dubuque Humane Society bepresented and read. Council Member Voetberg and the same is hereby approved.moved that the communication be received and Section 2. That the Mayor be and he is herebyfiled. Seconded by Council Member Nicholson. authorized and directed to execute said AgreementCarried by the following vote: Yeas—Mayor for and on behalf of the City of Dubuque, Iowa.Duggan, Council Members Kluesner, Krieg, Passed, approved and adopted this 17th day ofNagle, Nicholson, Robbins, Voetberg. July, 1995.Nays—None. Terrance M. Duggan, Mayor Attest: RESOLUTION NO. 256-95 Mary A. Davis, City ClerkA RESOLUTION ACCEPTING Council Member Voetberg moved adoption ofCONVEYANCE OF A PARCEL OF LAND the Resolution. Seconded by Council MemberLOCATED IN CITY LOT 502 IN THE CITY Nicholson. Carried by the following vote: OF DUBUQUE, DUBUQUE COUNTY, Yeas—Mayor Duggan, Council MembersIOWA, AS SHOWN ON RIGHT-OF-WAY Kluesner, Krieg, Nagle, Nicholson, Robbins,PLAT EXHIBIT "A" ATTACHED HERETO Voetberg. Nays—None.Whereas, the City of Dubuque, in consideration of mutual benefit is desirous of obtaining a parcel City Manager recommending approval ofof land located in City Lot 502 in the City of funding agreement with Dubuque Main Street,Dubuque, Dubuque County, Iowa as shown on Ltd., presented and read. Council Memberright-of-way plat Exhibit "A" attached hereto; and Voetberg moved that the communication beWhereas, the State of Iowa has executed Patent received and filed. Seconded by Council Member#4499 conveying said right-of-way to the City of Nicholson. Carried by the following vote:Dubuque, Iowa. Yeas—Mayor Duggan, Council MembersNOW, THEREFORE, BE IT RESOLVED BY Kluesner, Krieg, Nagle, Nicholson, Robbins,THE CITY COUNCIL OF THE CITY OF Voetberg. Nays—None.DUBUQUE, IOWA: Rhodes (Bud) Isenhart spoke to the Agreement,Section 1. That the City Council of the City of stressing impact on other governmental entities. Dubuque, Iowa hereby approves of, accepts and consents to Patent #4499 from the Iowa RESOLUTION NO. 255-95Department of Transportation conveying a parcel of land located in City Lot 502 in the City of RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OFDubuque, Dubuque County, Iowa, as shown on DUBUQUE AND DUBUQUE MAINright-of-way plat Exhibit "A" attached hereto and STREET, LTD. AND AUTHORIZING ANDby reference made a part hereof. Said parcel is more particularly described as follows: DIRECTING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ONCommencing at the NW'erly corner of the east BEHALF OF THE CITY OF DUBUQUE,540 feet of City Lot 502 and of Block 1 in IOWARiver Front Subdivision No. 2, City of Whereas, The City of Dubuque has negotiatedDubuque, Dubuque County, Iowa; thence with Dubuque Main Street, Ltd. to provide andS66E38 1/2'W, 18.95 feet along the north line implement a downtown revitalization program;of said City Lot 502, to the Point of Beginning; and along a 50.00 foot radius curve, concave Whereas, the terms and conditions under whichnortherly and having a chord bearing N66E38 Dubuque Main Street, Ltd. will be funded for1/2'E, 98.14 feet, to the Point of Beginning, providing such services are set forth in a Fundingcontaining 2974 square feet, more or less. Agreement, a copy of which is attached hereto andSection 2. That the City Clerk be and is hereby by this reference made a part thereof; authorized and directed to file a copy of this NOW, THEREFORE, BE IT RESOLVED BYresolution in the office of the Recorder in and for THE CITY COUNCIL OF THE CITY OFDubuque County, Iowa. DUBUQUE, IOWA:Passed, approved and adopted this 17th day of Section 1. That the attached FundingJuly, 1995. Agreement by and between the City of DubuqueTerrance M. Duggan, Mayor and the Dubuque Main Street, Ltd. is herebyAttest: approved.Mary A. Davis, City Clerk Regular Session, July 17, 19955 Council Member Voetberg moved adoption of ON THE HAWTHORNE STREET the Resolution. Seconded by Council MemberPENINSULA. Nicholson. Carried by the following vote:Whereas, the Iowa Department of Natural Yeas—Mayor Duggan, Council MembersResources has Marine Fuel Tax Funds available to Kluesner, Krieg, Nagle, Nicholson, Robbins,develop and maintain water access projects; and Voetberg. Nays—None.Whereas, the City of Dubuque has an adopted Riverfront Plan that places a high priority on City Manager recommending approval ofimprovements to the Hawthorne Street Peninsula; Supplement No. 25 to the Code of Ordinances,and presented and read. Council Member VoetbergWhereas, the City of Dubuque recognizes the moved that the communication be received andrecreational potential of the Hawthorne Street filed. Seconded by Council Member Nicholson.Peninsula. Carried by the following vote: Yeas—MayorNOW THEREFORE, BE IT RESOLVED BY Duggan, Council Members Kluesner, Krieg,THE CITY COUNCIL OF THE CITY OF Nagle, Nicholson, Robbins, Voetberg.DUBUQUE, IOWA: Nays—None.Section 1. That the Planning Services Manager is hereby authorized to submit this application for RESOLUTION NO. 257-95$101,750 in Marine Fuel Tax Funds to the Iowa Department of Natural Resources (IDNR). ADOPTING SUPPLEMENT NO. 25 TO THE Section 2. That the City Manager is hereby CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWAauthorized to utilize budgeted Capital Whereas, under date of July 17, 1989, the CityImprovement Program funds to provide the local Council, pursuant to Ordinance No. 34-89,match required for this project, if approved by readopted the Code of Ordinances of the City ofIDNR. Dubuque, Iowa for ordinances adopted up to andPassed, approved and adopted this 17th day of including December 19, 1988; andJuly, 1995. Whereas, since December 19, 1988 the CityTerrance M. Duggan, Mayor Council of the City of Dubuque, Iowa has adoptedAttest: certain ordinances amending the Code ofMary A. Davis, City Clerk Ordinances and said amendments have beenCouncil Member Voetberg moved adoption of printed as supplements to the Code of Ordinances;the Resolution. Seconded by Council Member andNicholson. Carried by the following vote: Whereas, Section 380.8 of the Code ofYeas—Mayor Duggan, Council Members Ordinances provides that supplements, byKluesner, Krieg, Nagle, Nicholson, Robbins, resolution, become part of the Code of Ordinances.Voetberg. Nays—None. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFCity Manager recommending approval of DUBUQUE, IOWA:Agreement between the City and General Drivers Section 1. That Supplement No. 25 of the& Helpers Union Local #421 for FY'96, presented Code of Ordinances of the City of Dubuque, Iowa,and read. Council Member Voetberg moved that covering Ordinances through Ordinance No. 35-95the communication be received and filed. enacted through May 15, 1995 and prepared bySeconded by Council Member Nicholson. Carried the Sterling Codifers, Inc., Weiser, ID hereto filedby the following vote: Yeas—Mayor Duggan, in the Office of the City Clerk of the City ofCouncil Members Kluesner, Krieg, Nagle, Dubuque, Iowa be and is hereby adopted andNicholson, Robbins, Voetberg. Nays—None. becomes part of the Code of Ordinances of the City of Dubuque, Iowa.RESOLUTION NO. 259-95 Passed, approved and adopted this 17th day ofRESOLUTION APPROVING THE July, 1995. AGREEMENT BETWEEN THE CITY OF Terrance M. Duggan, MayorDUBUQUE, IOWA AND THE GENERAL Attest:DRIVERS AND HELPERS UNION, LOCAL Mary A. Davis, City Clerk#421, AND AUTHORIZING THE MAYOR Council Member Voetberg moved adoption of TO SIGN THE AGREEMENT the Resolution. Seconded by Council MemberWhereas, the Sixty-Fifth General Assembly Nicholson. Carried by the following vote:adopted the Public Employment Relations Act, Yeas—Mayor Duggan, Council MembersChapter 20, Code of Iowa; and Kluesner, Krieg, Nagle, Nicholson, Robbins,Whereas, the City of Dubuque is a public Voetberg. Nays—None.employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and City Manager recommending an application forWhereas, the General Drivers and Helpers Marine Fuel Tax Funds, presented and read.Union, Local #421, is an employee organization Council Member Voetberg moved that thewithin the meaning of Section 3 (4) of the Public communication be received and filed. SecondedEmployment Relations Act; and by Council Member Nicholson. Carried by theWhereas, the General Drivers and Helpers following vote: Yeas—Mayor Duggan, CouncilUnion, Local #421, submitted a request to bargain Members Kluesner, Krieg, Nagle, Nicholson,collectively on behalf of the employees within its Robbins, Voetberg. Nays—None.representation; and Whereas, bargaining between the parties has RESOLUTION NO. 258-95occurred and an agreement has been concluded. RESOLUTION AUTHORIZINGNOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF APPLICATION FOR MARINE FUEL TAX DUBUQUE, IOWA: FUNDS FOR A WATER ACCESS PROJECT Regular Session, July 17, 1995 6 Section 1. That the terms of the Agreement belines as may be authorized by the City of approved and the Mayor authorized and directed toDubuque, Iowa. sign the collective bargaining agreement.Section 3. That the Mayor be authorized and Passed, approved and adopted this 17th day ofdirected to execute a Quit Claim Deed, and the July, 1995.City Clerk be and is hereby authorized and Terrance M. Duggan, Mayordirected to deliver said deed of conveyance to the Attest:above named grantees upon receipt of the purchase Mary A. Davis, City Clerkprice in full. Council Member Voetberg moved adoption ofSection 4. That the City Clerk be and is hereby the Resolution. Seconded by Council Memberauthorized and directed to record a certified copy Nicholson. Carried by the following vote:of this resolution in the office of the City Assessor, Yeas—Mayor Duggan, Council MembersDubuque County Recorder and the Dubuque Kluesner, Krieg, Nagle, Nicholson, Robbins,County Auditor. Voetberg. Nays—None.Passed, approved and adopted this 17th day of July, 1995. Council Member Nagle moved that it beTerrance M. Duggan, Mayor resolved to suspend the rules to allow anyoneAttest: present to address the Council if they so desire. Mary A. Davis, City Clerk Seconded by Council Member Robbins. CarriedCouncil Member Robbins moved adoption of by the following vote: Yeas—Mayor Duggan,the Resolution. Seconded by Council Member Council Members Kluesner, Krieg, Nagle,Nagle. Carried by the following vote: Nicholson, Robbins, Voetberg. Nays—None.Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Proof of Publication certified to by theVoetberg. Nays—None. Publisher on Notice of Public Hearing to dispose of City's Interest in real estate located near StewartProof of Publication certified to by the Street and City Manager recommending approvalPublisher on Notice of Pubic Hearing to dispose of to dispose of property to Daniel and Carol Regan,City's interest in real estate located at 16th & presented and read. Council Member RobbinsKerper Blvd. and City Manager recommending moved that the proof and communication beapproval to dispose of property to Phillip Ruppel, received and filed. Seconded by Council Memberpresented and read. Council Member Nagle Nagle. Carried by the following vote:moved that the proof and communication be Yeas—Mayor Duggan, Council Membersreceived and filed. Seconded by Council Member Kluesner, Krieg, Nagle, Nicholson, Robbins,Nicholson. Carried by the following vote: Voetberg. Nays—None. Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, RESOLUTION NO. 260-95Voetberg. Nays—None. Whereas, pursuant to resolution and published notice of time and place of hearing, published inRESOLUTION NO. 261-95 the Telegraph Herald, a newspaper of generalRESOLUTION DISPOSING OF INTEREST circulation published in the City of Dubuque, IowaIN REAL PROPERTY AT THE on the 7th day of July, 1995, the City Council of NORTHWEST CORNER OF EAST 16TH the City of Dubuque, Iowa met on the 17th day ofSTREET AND KERPER BOULEVARD BY July, 1995, at 7:00 p.m. in the Public LibraryTHE CITY OF DUBUQUE, IOWA Auditorium, 11th and Locust, Dubuque, DubuqueWhereas, pursuant to Resolution and published County, Iowa to consider the proposal for the salenotice of the time and place of hearing, published of real estate described as:in the Telegraph Herald, a newspaper of general Lot 15A & 16A in Loetscher & Truebscirculation published in the City of Dubuque, Subdivision in the City of Dubuque, Iowa toIowa, on the 7th day of July, 1995, the City Daniel & Carol Regan; andCouncil of the City of Dubuque, Iowa met on the Whereas, the City Council of the City of17th day of July, 1995 at 7:00 o'clock p.m. in the Dubuque, Iowa overruled any and all objections,Public Library Auditorium, 11th and Bluff, oral or written, to the proposal to dispose ofDubuque, Iowa, to consider the disposal of the interest of the City of Dubuque, Iowa in theCity's interest in real property known as: hereinabove described real estate to Daniel &Lot 1 Riverfront Subdivision No. 4; and Carol Regan.Whereas, the City Council overruled any and NOW, THEREFORE, BE IT RESOLVED BYall objections, oral or written, to the disposal of THE CITY COUNCIL OF THE CITY OFsuch interest in the above-described real property; DUBUQUE, IOWA:and Section 1. That the disposal of the interest ofWhereas, the City Council has been presented the City of Dubuque, Dubuque County, Iowa inand hereby approves an Offer to Buy Real Estate real property described as Lot 15A & 16A inand Acceptance dated July 17, 1995 which Offer Loetscher & Truebs Subdivision in the City ofis from Phillip A. Ruppel with regard to the above- Dubuque, Iowa to Daniel & Carol Regan, be anddescribed real property. the same is hereby approved for the sum ofNOW, THEREFORE, BE IT RESOLVED BY $300.00, plus publication and filing fees;THE CITY COUNCIL OF THE CITY OF conveyance shall be by Quit Claim Deed.DUBUQUE, IOWA: Section 2. The City reserves unto itself aSection 1. That the disposal of the interest of perpetual easement including the right of ingressthe City of Dubuque, Iowa, in the above-described and egress thereto, for the purpose of erecting,real property as provided in the Offer to Buy dated installing, constructing, reconstructing, repairing,July 17, 1995, is hereby approved. owning, operating, and maintaining water, sewer,Section 2. That the Mayor is authorized and drainage, gas, telephone, t.v. cable and electricdirected to execute acceptance of said Offer and to Regular Session, July 17, 19957 execute deeds conveying the City's interest in LotMembers Kluesner, Krieg, Nagle, Nicholson, 1 Riverfront Subdivision No. 4 in the City ofRobbins, Voetberg. Nays—None. Dubuque, Iowa to Phillip A. Ruppel in the amount of $247,500.00 in accordance with the terms andRESOLUTION NO. 263-95 conditions of said Offer. AWARDING CONTRACT Section 3. That the City Clerk is authorizedWhereas, sealed proposals have been submitted and directed to record a certified copy of thisby contractors for the Hamilton Street Sanitary Resolution in the offices of the City Assessor,Sewer Reconstruction pursuant to Resolution No. Dubuque County Recorder, and the Dubuque253-95 and notice to bidders published in a County Auditor.newspaper published in the City of Dubuque, Iowa Passed, approved and adopted this 17th day ofon the 6th day of July, 1995. July, 1995.Whereas, said sealed proposals were opened Terrance M. Duggan, Mayorand read on the 11th day of July, 1995 and it has Attest:been determined that the bid of Horsfield Mary A. Davis, City ClerkConstruction, Inc. of Epworth, Iowa in the amount Council Member Nagle moved adoption of theof $28,428.37 was the lowest bid for the Resolution. Seconded by Council Memberfurnishings of all labor and materials and Nicholson. Carried by the following vote:performing the work as provided for in the plans Yeas—Mayor Duggan, Council Membersand specifications. Kluesner, Krieg, Nagle, Nicholson, Robbins,NOW THEREFORE, BE IT RESOLVED BY Voetberg. Nays—None.THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Proof of Publication certified to by theThat the contract for the above improvement be Publisher on Notice of Hearing on Plans andawarded to Horsfield Construction, Inc. and the Specifications for Hamilton Street Sanitary SewerManager be and is hereby directed to execute a Reconstruction project, presented and read.contract on behalf of the City of Dubuque for the Council Member Nagle moved that the proof becomplete performance of the work. received and filed. Seconded by Council MemberBE IT FURTHER RESOLVED: Nicholson. Carried by the following vote:That upon the signing of said contract and the Yeas—Mayor Duggan, Council Membersapproval of the contractor's bond, the City Kluesner, Krieg, Nagle, Nicholson, Robbins,Treasurer is authorized and instructed to return the Voetberg. Nays—None.bid deposits of the unsuccessful bidders. Passed, approved and adopted this 17th day of July, 1995. RESOLUTION NO. 262-95 Terrance M. Duggan, Mayor RESOLUTION ADOPTING PLANS AND SPECIFICATIONSAttest: Whereas, on the 28th day of July, 1995, plans,Mary A. Davis, City Clerk specifications, form of contract and estimated costCouncil Member Nagle moved adoption of the were filed with the City Clerk of Dubuque, IowaResolution. Seconded by Council Member for the Hamilton Street Sanitary SewerNicholson. Carried by the following vote: Reconstruction.Yeas—Mayor Duggan, Council Members Whereas, notice of hearing on plans,Kluesner, Krieg, Nagle, Nicholson, Robbins, specifications, form of contract, and estimated costVoetberg. Nays—None. was published as required by law. NOW THEREFORE, BE IT RESOLVED BY BOARDS AND COMMISSIONS THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:AIRPORT COMMISSION One Six-year term to expire 9-14-01. That the said plans, specifications, form ofApplicants: John M. Bierie, Douglas Brotherton, contract and estimated cost are hereby approved asand Jeffrey Paar. Douglas Brotherton & John the plans, specifications, form of contract andBierie spoke requesting appointment. estimated cost for said improvements for saidVote on the appointment was as follows: Mayor project.Duggan voted for Bierie. Council Member Passed, adopted and approved this 17th day ofKluesner voted for Brotherton. Council Member July, 1995.Krieg voted for Brotherton. Council Member Terrance M. Duggan, MayorNagle voted for Brotherton. Council Member Attest:Nicholson voted for Brotherton. Council Member Mary A. Davis, City ClerkRobbins voted for Bierie. Council Member Council Member Nagle moved adoption of theVoetberg voted for Brotherton. Therefore, Resolution. Seconded by Council MemberDouglas Brotherton appointed to the Airport Nicholson. Carried by the following vote:Commission for a six-year term which will expire Yeas—Mayor Duggan, Council MembersSeptember 14, 2001. Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. BOARD OF APPEALS Proof of Publication certified to by the(BUILDING CODE): Publisher on Notice to Bidders on Receipt of BidsOne unexpired term to expire 8-1-96 and City Manager recommending to award(representing At Large); Two three-year terms to contract for project, presented and read. Councilexpire 8-1-98 (representing Architect/Engineer and Member Nagle moved that the proof andJourneyman Carpenter). Applicant: F. James Kolf. communication be received and filed. SecondedCouncil Member Voetberg moved that James Kolf by Council Member Nicholson. Carried by thebe appointed to the Building Code Board of following vote: Yeas—Mayor Duggan, CouncilAppeals, representing the Architect/Engineer vacancy, for a three year term which will expire Regular Session, July 17, 1995 8 August 1, 1998. Seconded by Council Member TV CABLE REGULATORY Nicholson. Carried by the following vote:COMMISSION: Yeas—Mayor Duggan, Council MembersThree three-year terms to expire June 30, 1998. Kluesner, Krieg, Nagle, Nicholson, Robbins,Applicant: Craig Schaefer, Gil Boultinghouse. Voetberg. Nays—None.Vote on the appointments was as follows: Mayor Duggan voted for Boultinghouse and Schaefer. CIVIC CENTER COMMISSION:Council Member Kluesner voted for Three 3-year terms to expire 6-29-98.Boultinghouse and Schaefer. Applicants: Rod Bakke, David Bonnett, MichaelCouncil Member Krieg voted for Boultinghouse Brannon, Steve Sesterhenn. Vote on theand Schaefer. Council Member Nagle voted for appointments was as follows: Mayor DugganBoultinghouse and Schaefer. Council Member voted for Bakke, Bonnett, Brannon. CouncilNicholson voted for Boultinghouse and Schaefer. Member Kluesner voted for Bakke, Bonnett,Council Member Robbins voted for Boultinghouse Brannon. Council Member Krieg voted for Bakke,and Schaefer. Council Member Voetberg voted for Bonnett, Brannon. Council Member Nagle votedBoultinghouse and Schaefer. Therefore, Gil for Bakke, Bonnett, Brannon. Council MemberBoultinghouse reappointed and Craig Schaefer Nicholson voted for Bakke, Bonnett, Brannon.appointed to three year terms which will expire 6- Council Member Robbins voted for Bakke,30-98. Bonnett, Brannon. Council Member Voetberg voted for Bakke, Bonnett, Brannon. Therefore, TV CABLE TELEPROGRAMMING Rod Bakke, David Bonnett and Michael BrannonCOMMISSION: appointed to three year terms on the Five Flags No appointments made. Civic Center Commission, which terms will expire June 29, 1998.TABLED FROM COUNCIL MEETING OF 7-3- 95 HISTORIC PRESERVATIONCity Manager submitting revised Ordinance regarding consumption of Alcoholic Liquors in COMMISSION: One unexpired term to expire July 1, 1997Four Mounds Park, presented and read. Council (representing Cathedral Dis.); One three- yearMember Kluesner moved that this item be removed term to expire July 1, 1998 (representing Jacksonfrom the table. Seconded by Council Member Park). Applicants: Michael Anderson (CathedralRobbins. Carried by the following vote: Dis.) and Charlene Crall (Jackson Park). CouncilYeas—Mayor Duggan, Council Members Member Voetberg moved that Michael AndersonKluesner, Krieg, Nagle, Nicholson, Robbins, be appointed to represent the Cathedral Dis. to fillVoetberg. Nays—None. Council Member the term to expire July 1, 1997 and Charlene CrallKluesner moved that the communication be be appointed to represent the Jackson Park Dis. toreceived and filed. Seconded by Council Member fill the term to expire July 1, 1998 on the HistoricNagle. Carried by the following vote: Preservation Commission. Seconded by CouncilYeas—Mayor Duggan, Council Members Member Nagle. Carried by the following vote:Kluesner, Krieg, Nagle, Nicholson, Robbins, Yeas—Mayor Duggan, Council MembersVoetberg. Nays—None. Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None.An Ordinance Amending Code of Ordinances by adopting in lieu thereof a new Section 34-52(a) LIBRARY BOARD:prohibiting the consumption or use of alcoholic Three six year terms to expire 7-1-2001.liquors or wine in any public park, except for Four Applicants: Steven Augspurger, Jane Dusil, LorriMounds Park (Allowed at an event sponsored or Regan, Brian Southwood, Ed Vandermillen, Teriexpressly approved by the Four Mounds Zuccaro. Mayor Duggan appointed StevenFoundation), presented and read. Augspurger, Jane Dusil and Brian Southwood to the Library Board for six year terms which willORDINANCE NO. 47-95 expire July 1, 2001. Council concurred with theAN ORDINANCE AMENDING SECTION appointments.34-52(a) OF THE CITY OF DUBUQUE CODE OF ORDINANCES PROHIBITING PARK & RECREATIONTHE CONSUMPTION OR USE OF COMMISSION:ALCOHOLIC LIQUORS OR WINE IN ANY Three 3-Year terms to expire 6-30-98.PUBLIC PARK BY REPEALING SAID Applicants: Tom Blocklinger, Lon Boike, Karen SECTION AND ADOPTING IN LIEU Lyness, Paul Hoffman, Mark Sullivan. Vote onTHEREOF A NEW SECTION 34-52(a) the appointments was as follows: Mayor DugganPROHIBITING THE CONSUMPTION OR voted for Lyness, Hoffman, Sullivan. Council USE OF ALCOHOLIC LIQUORS OR WINE Member Kluesner voted for Blocklinger, Lyness,IN ANY PUBLIC PARK, EXCEPT FOR Hoffman. Council Member Krieg voted forFOUR MOUNDS PARK. Lyness, Hoffman, Sullivan. Council MemberNOW, THEREFORE, BE IT ORDAINED BY Nagle voted for Lyness, Hoffman, Sullivan.THE CITY COUNCIL OF THE CITY OF Council Member Nicholson voted for Lyness,DUBUQUE, IOWA: Hoffman, Sullivan. Council Member RobbinsSection 1. Section 34-52(a) of the City of voted for Lyness, Hoffman, Sullivan. CouncilDubuque Code of Ordinances is hereby repealed, Member Voetberg voted for Lyness, Hoffman,and the following new Section 34-52(a) is hereby Sullivan. Therefore, Karen Lyness, Pauladopted in lieu thereof: Hoffmann, D.D.S., and Mark Sullivan,(a)The consumption or use of reappointed to three year terms on the Park and"alcoholic liquors" or "wine" as Recreation Commission which will expire 6-30-defined by Chapter 123 of the Code 98.of Iowa or any type of wine product Regular Session, July 17, 19959 is prohibited in any public park orCity Manager requesting direction regarding park and recreational facility,the petition from W. 11th Street Neighborhood to including park roadways andinclude seven streets in the City's Five Year parking lots. This paragraph shallCapital Improvement Program, presented and read. not apply, however, to the Steve Efken, 596 W. 11th St., on behalf of the W. consumption or use of alcoholic11th St. Neighborhood, spoke requesting repairs as liquors or wine in Four Mounds Parksoon as possible. Doug Spyrison, 1295 Grove at an event sponsored or expresslyTerrace, requested that bricks be used. No motion approved by the Four Moundsgiven on this matter. Foundation.Dubuque Racing Association requesting Passed, approved and adopted this 17th day ofexpenditure from the Depreciation and July, 1995.Improvement Funds to rebuild the front entrance to Terrance M. Duggan, Mayorthe Dubuque Greyhound Park facility and City Attest:Manager recommending approval of request in an Mary A. Davis, City Clerkamount not to exceed $40,000, presented and read. Bruce Wentworth spoke to the request, stating this Published officially in the Telegraph Herald this 25th day of July, 1995.is ground settlement that has been a continuing 1t 7/25 Mary A. Davis, City Clerkproblem. Council Member Kluesner moved that theCouncil Member Voetberg moved that the communications be received and filed and requirement that a proposed Ordinance be considered and voted on for passage at tworecommendation approved. Seconded by Council Council Meetings prior to the meeting at which itMember Nicholson. Carried by the following vote: is to be finally passed be suspended. Seconded byYeas—Mayor Duggan, Council Members Council Member Nagle. Carried by the followingKluesner, Nagle, Nicholson, Robbins, Voetberg. vote: Yeas—Mayor Duggan, Council MembersNays—None. Abstain—Council Member Krieg. Kluesner, Krieg, Nagle, Nicholson, Robbins, Dubuque Racing Association requesting Voetberg. Nays—None. Council Member Kluesner moved finalapproval to borrow $6,000,000 to install slot consideration and passage of the Ordinance. machines at the facility and City Manager Seconded by Council Member Nagle. Carried byrecommending approval of DRA's request, presented and read. Bruce Wentworth of the DRA the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle,spoke to the request. Council Member Kluesner Nicholson, Robbins, Voetberg. Nays—None.moved that the communication be received and filed and recommendation approved. Seconded by Council Member Robbins. Carried by the TABLED FROM COUNCIL MEETING OF 7-3-95:following vote: Yeas—Mayor Duggan, Council Corporation Counsel submitting OrdinanceMembers Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Abstain—Council regarding insurance requirements for taxicab operator's permit, presented and read. CouncilMember Krieg. Member Kluesner moved that this matter be removed from the table. Seconded by CouncilCity Manager recommending to have a professional appraisal done for the Dubuque Yacht Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council MembersBasin Lease property at an est. cost of $4,500, Kluesner, Krieg, Nagle, Nicholson, Robbins,presented and read. Attorney Art Gilloon, spoke Voetberg. Nays—None. Council Memberon behalf of Don and Helen Shanley, requesting renewal of their lease. Kluesner moved that the communication be received and filed. Seconded by Council MemberCouncil Member Nicholson moved that the Voetberg. Carried by the following vote:communication be received and filed and instruct Staff to accept conditions of lease and require Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins,Shanley to notify City sixty days in advance of Voetberg. Nays—None.next expiration on intent to renew lease. Seconded An Ordinance Amending Code of Ordinancesby Council Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council by adopting in lieu thereof a new Section 46-34 providing for insurance requirements for theMembers Kluesner, Nagle, Nicholson, Robbins, issuance of a taxi cab operator's permit, presentedVoetberg. Nays—Council Member Krieg. and read. Council Member Kluesner moved that Petition from Debra Heim, containing 430 the requirement that a proposed Ordinance be considered and voted on for passage at twosignatures, requesting to address the Council Council Meetings prior to the meeting at which itregarding camping fees to be charged at Miller is to be finally passed be suspended. Seconded byRiverview Park during Thunderfest Days, Verbal Council Member Voetberg. Carried by therequest from Mary Miller to address Council on following vote: Yeas—Mayor Duggan, Councilsame matter and City Manager responding to Members Kluesner, Krieg, Nagle, Nicholson,rental of Riverview Park campgrounds for the Thunderfest event, presented and read. Robbins, Voetberg. Nays—None. Council Member Voetberg moved final consideration andDebra Heim, Rod Tschiggfrie, Ed Tschiggfrie, passage of the Ordinance. Seconded by Counciland Mary Miller spoke concerning this matter. Member Nicholson. No vote taken on this motion.Council Member Kluesner moved that the petition and communication be received and filed. Council Member Robbins moved to table this matter once again. Seconded by Council MemberSeconded by Council Member Nicholson. Carried Nicholson. Carried by the following vote:by the following vote: Yeas—Mayor Duggan, Yeas—Mayor Duggan, Council Members Nagle,Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Nicholson, Robbins, Voetberg. Nays—Council Members Kluesner, Krieg. Regular Session, July 17, 1995 10 City Manager submitting Legislative PolicyAttest: Issues for the 1996 Legislative Session, presentedMary A Davis, City Clerk and read. Council Member Nagle moved that theCouncil Member Kluesner moved adoption of communication be received and filed. Secondedthe Resolution. Seconded by Council Member by Council Member Nicholson. Carried by theRobbins. Carried by the following vote: following vote: Yeas—Mayor Duggan, CouncilYeas—Mayor Duggan, Council Members Members Kluesner, Krieg, Nagle, Nicholson,Kluesner, Krieg, Nagle, Nicholson, Robbins, Robbins, Voetberg. Nays—None.Voetberg. Nays—None. RESOLUTION NO. 264-95RESOLUTION NO. 266-95 NOW, THEREFORE, BE IT RESOLVED BYWhereas, applications for Liquor Licenses have THE CITY COUNCIL OF THE CITY OFbeen submitted to this Council for DUBUQUE, IOWA:approval and the same have been examined and That the following having complied with theapproved; and provisions of law relating to the saleWhereas, the premises to be occupied by such of Cigarettes within the City of Dubuque, Iowa, beapplicants were inspected and found to granted a permit to sell Cigarettes and Cigarettecomply with the State Laws and all City Papers within said City.Ordinances relevant thereto and they have filed Wal-Mart Store Inc.Wal-Mart Store Inc.proper bonds. 4200 Dodge StNOW, THEREFORE, BE IT RESOLVED BY Dodge House Motel CorpBette HellingTHE CITY COUNCIL OF THE CITY OF 701 Dodge StDUBUQUE, IOWA: Passed, approved and adopted this 17th day ofThat the Manager be authorized to cause to be July, 1995.issued the following named applicants Terrance M. Duggan, Mayora Liquor License. Attest:CLASS "C" (COMMERCIAL) Mary A. Davis, City ClerkBEER & LIQUOR LICENSE Council Member Kluesner moved adoption ofCity of DubuqueDBQ 5-Flags the Resolution. Seconded by Council Member +(Sunday Sales)405 Main St Robbins. Carried by the following vote:Ethel K. SchwartzAirport Inn Yeas—Mayor Duggan, Council Members +(Sunday Sales)574 E. 16th St Kluesner, Krieg, Nagle, Nicholson, Robbins,Curtis L. GerhardKnickers Saloon Voetberg. Nays—None.+(Sunday Sales)2186 Central Ave Wayne J. KramerClubhouse +(Sunday Sales)2364 Washington RESOLUTION NO. 265-95 Whereas, applications for Beer Permits haveSheryl A. HessKing of Clubs been submitted and filed to this Council for+(Sunday Sales)1902 Central Ave. approval and the same have been examined andThe Caterers, Inc.Ryan House approved; and +(Sunday Sales)1375 Locust St Whereas, the premises to be occupied by suchC Meyer & L TottTott's Tap applicants were inspected and found to comply3457 Jackson St with the Ordinances of this City and have filedCLASS C "BW" SPECIAL BEER proper bonds.& WINE LICENSE NOW, THEREFORE, BE IT RESOLVED BYMildred DolterBasket Expressions THE CITY COUNCIL OF THE CITY OF474 Bluff ST DUBUQUE, IOWA:Passed, approved and adopted this 17th day of That the Manager be authorized to cause to beJuly, 1995 issued the following named applicants a BeerTerrance M. Duggan, Mayor Permit.Attest: CLASS "C" BEER PERMITMary A. Davis, City Clerk Iowa Oil CompanyIOCO Speede ShoppeCouncil Member Kluesner moved adoption of +(Sunday Sales)2335 Universitythe Resolution. Seconded by Council Member Iowa Oil CompanyIOCO Speede ShoppeRobbins. Carried by the following vote: +(Sunday Sales)1998 Jackson StYeas—Mayor Duggan, Council Members CLASS "B" BEER PERMITKluesner, Krieg, Nagle, Nicholson, Robbins, Dubuque Brewing CompanyVoetberg. Nays—None. Dubuque Brew Pub (Outdoor Serv.)500 E. 4th StZoning Commission advising of their approval CLASS "B" BEER PERMITto reclassify property at 1101 Cedar Cross Road (SPECIAL 5-DAY EVENT)from AG to C-2 District, presented and read. Race Crafters, IncThunderfestCouncil Member Kluesner moved that the +(Sunday & Outdoor Sales)Harbor Drcommunication be received and filed. Seconded Race Crafters, IncThunderfestby Council Member Nagle. Carried by the +(Sunday & Outdoor Sales)Volunteer Drfollowing vote: Yeas—Mayor Duggan, Council Race Crafters, IncThunderfestMembers Kluesner, Krieg, Nagle, Nicholson, +(Sunday & Outdoor Sales)Robbins, Voetberg. Nays—None. Hawthorne North Race Crafters, IncThunderfestAn Ordinance Amending Zoning Map by +(Sunday & Outdoor Sales)reclassifying property described as Lot 2, J. Hawthorne SouthGeorge Subdivision from AG Agricultural District Passed, approved and adopted this 17th day ofto C-2 Neighborhood Shopping Center District, July, 1995.presented and read. Council Member Kluesner Terrance M. Duggan, Mayormoved that the requirement that a proposed Regular Session, July 17, 199511 Ordinance be considered and voted on for passageAn Ordinance Vacating an alley East of South at two Council Meetings prior to the meeting atMain Street from Dodge Street to Jones Street, which it is to be finally passed be suspended.presented and read. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, ORDINANCE NO. 48-95 Council Members Kluesner, Krieg, Nagle,ORDINANCE VACATING AN ALLEY EAST Nicholson, Robbins, Voetberg. Nays—None.OF SOUTH MAIN STREET FROM DODGE Council Member Kluesner moved that a Public STREET TO JONES STREET Hearing be held on the proposed Ordinance on theWhereas, Lyle J. Whalen has requested the 7th day of August, 1995, at 7:00 o'clock p.m. atvacating of a portion of an alley east of South the Public Library Auditorium and that the CityMain Street from Dodge Street to Jones Street; and Clerk be directed to publish notice in the mannerWhereas, IIW Engineers and Surveyors, P.C., prescribed by law. Seconded by Council MemberDubuque, Iowa, has prepared and submitted to the Robbins. Carried by the following vote:City Council a plat showing the vacated alley and Yeas—Mayor Duggan, Council Membersassigned lot numbers thereto, which hereinafter Kluesner, Krieg, Nagle, Nicholson, Robbins,shall be known and described as Lots 2A, 2B and Voetberg. Nays—None.2C of Block 10 of Dubuque Harbor Company's City Manager recommending to vacateAddition in the City of Dubuque, Dubuque property located on South Main Street and disposeCounty, Iowa; and of same to Lyle J. Whalen, presented and read.Whereas, the City Council of the City of Council Member Voetberg moved that theDubuque, Iowa has determined that this portion of communication be received and filed. Secondedsaid alley is no longer required for public use, and by Council Member Robbins. Carried by thevacating of said portion of alley known as Lots 2A, following vote: Yeas—Mayor Duggan, Council2B and 2C of Block 10 of Dubuque Harbor Members Kluesner, Krieg, Nagle, Nicholson,Company's Addition in the City of Dubuque, Robbins, Voetberg. Nays—None.Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 267-95THE CITY COUNCIL OF THE CITY OF RESOLUTION APPROVING PLAT OFDUBUQUE, IOWA: PROPOSED VACATED ALLEY EAST OFSection 1. That the real estate described as Lots 2A, 2B and 2C of Block 10 of Dubuque SOUTH MAIN STREET FROM DODGE STREET TO JONES STREETHarbor Company's Addition in the City of Whereas, there has been presented to the CityDubuque, Iowa, be and the same is hereby Council of the City of Dubuque, Iowa, a plat datedvacated. June 9, 1995, prepared by IIW Engineers andSection 2. The City of Dubuque reserves unto Surveyors, P.C. of Dubuque, Iowa, describing theitself a perpetual easement including the right of proposed vacated alley east of South Main Streetingress and egress thereto, for the purpose of from Dodge Street to Jones Street; anderecting, installing, constructing, reconstructing, Whereas, said plat conforms to the laws andrepairing, owning, operating, and maintaining statutes pertaining thereto.water, sewer, drainage, gas, telephone, t.v. cable, NOW, THEREFORE, BE IT RESOLVED BYand electric lines as may be authorized by the City THE CITY COUNCIL OF THE CITY OFof Dubuque, Iowa. DUBUQUE, IOWA:Section 3. Direct access to U.S. 61 and the Section 1. That the plat dated June 9, 1995,Jones Street Connector is prohibited. prepared by IIW Engineers and Surveyors, P.C.,Passed, approved and adopted this 17th day of relative to the real estate hereinabove described beJuly, 1995. and the same is hereby approved, and the MayorTerrance M. Duggan, Mayor and City Clerk be and they are hereby authorizedAttest: and directed to execute said plat for and on behalfMary A. Davis, City Clerk of the City of Dubuque, Iowa.Published officially in the Telegraph Herald Section 2. The City of Dubuque reserves untothis 26th day of July, 1995. itself a perpetual easement including the right of1t 7/26 Mary A. Davis, City Clerk ingress and egress thereto, for the purpose of Council Member Voetberg moved that the erecting, installing, constructing, reconstructing,requirement that a proposed Ordinance be repairing, owning, operating, and maintainingconsidered and voted on for passage at two water, sewer, drainage, gas, telephone, t.v. cable,Council Meetings prior to the meeting at which it and electric lines as may be authorized by the City is to be finally passed be suspended. Seconded by of Dubuque, Iowa.Council Member Robbins. Carried by the Section 3. That the City Clerk be and is herebyfollowing vote: Yeas—Mayor Duggan, Council authorized and directed to file said plat andMembers Kluesner, Krieg, Nagle, Nicholson, certified copy of this resolution in the office of theRobbins, Voetberg. Nays—None. Council Recorder, in and for Dubuque County, Iowa.Member Voetberg moved that a Public Hearing be Passed, approved and adopted this 17th day ofheld on the proposed Ordinance on the 7th day of July, 1995. August, 1995, at 7:00 o'clock p.m. at the Public Terrance M. Duggan, MayorLibrary Auditorium and that the City Clerk be Attest:directed to publish notice in the manner prescribed Mary A. Davis, City Clerkby law. Seconded by Council Member Robbins. Council Member Voetberg moved adoption of Carried by the following vote: Yeas—Mayor the Resolution. Seconded by Council MemberDuggan, Council Members Kluesner, Krieg, Robbins. Carried by the following vote:Nagle, Nicholson, Robbins, Voetberg. Yeas—Mayor Duggan, Council MembersNays—None. Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None.RESOLUTION NO. 268-95 Regular Session, July 17, 1995 12 RESOLUTION DISPOSING OF CITYRESOLUTION NO. 269-95 INTEREST IN LOT 2B AND LOT 2C INPRELIMINARY APPROVAL OF BLOCK 10 OF DUBUQUE HARBORPLANS AND SPECIFICATIONS COMPANY'S ADDITION IN THE CITY OFNOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Whereas, Lyle J. Whalen has requested theDUBUQUE, IOWA: vacating of a portion of an alley east of SouthThat the proposed plans, specifications, form of Main Street from Dodge Street to Jones Street; andcontract and estimated cost for the Mount Carmel Whereas, IIW Engineers and Surveyors, P.C. ofGuardrail, in the estimated amount of $64,868.68, Dubuque, Iowa has prepared and submitted to theare hereby approved and ordered filed in the office City Council a plat showing the vacated portion ofof the City Clerk for public inspection. said alley and assigned lot numbers thereto, whichPassed, adopted and approved this 17th day of hereinafter shall be known and described as LotJuly, 1995. 2A, 2B and 2C in Block 10 of Dubuque HarborTerrance M. Duggan, Mayor Company's Addition in the City of Dubuque, Iowa;Attest: andMary A. Davis, City Clerk Whereas, the City Council of the City ofCouncil Member Kluesner moved adoption of Dubuque, Iowa has determined that this portion ofthe Resolution. Seconded by Council Member said alley is no longer required for public use,Robbins. Carried by the following vote: except for easements as noted, and vacating andYeas—Mayor Duggan, Council Members sale of said alley known as Lots 2B and 2C inKluesner, Krieg, Nagle, Nicholson, Robbins, Block 10 of Dubuque Harbor Company's AdditionVoetberg. Nays—None. in the City of Dubuque, Dubuque County, Iowa should be approved.RESOLUTION NO. 270-95 NOW, THEREFORE, BE IT RESOLVED BYFIXING DATE OF HEARING ON THE CITY COUNCIL OF THE CITY OFPLANS AND SPECIFICATIONS DUBUQUE, IOWA:Whereas, the City Council of the City of Section 1. That the City of Dubuque intends toDubuque, Iowa has given its preliminary approval dispose of its interest in Lot 2B and Lot 2C inon the proposed plans, specifications, and form of Block 10 of Dubuque Harbor Company's Additioncontract and placed same on file in the office of the in the City of Dubuque, Iowa.City Clerk for public inspection of the Mount Section 2. That the conveyance of Lot 2B andCarmel Guardrail. Lot 2C in Block 10 of Dubuque HarborNOW THEREFORE, BE IT RESOLVED BY Company's Addition in the City of Dubuque, IowaTHE CITY COUNCIL OF THE CITY OF to Lyle J. Whalen be contingent upon the paymentDUBUQUE, IOWA: of $9,200.00, plus publication and filing fees.That on the 7th day of August, 1995, a public Section 3. The City of Dubuque reserves untohearing will be held at 7:00 p.m. in the Public itself a perpetual easement including the right ofLibrary Auditorium at which time interested ingress and egress thereto, for the purpose ofpersons may appear and be heard for or against the erecting, installing, constructing, reconstructing,proposed plans and specifications, form of contract repairing, owning, operating, and maintainingand cost of said improvement, and the City Clerk water, sewer, drainage, gas, telephone, t.v. cable,be and is hereby directed to cause a notice of time and electric lines as may be authorized by the Cityand place of such hearing to be published in a of Dubuque, Iowa.newspaper having general circulation in the City of Section 4. Direct access to U.S. 61 and theDubuque, Iowa, which notice shall be not less than Jones Street Connector is prohibited.four days nor more than twenty days prior to the Section 5. That the City Clerk be and is herebyday fixed for its consideration. At the hearing, any authorized and directed to cause notice of intent tointerested person may appear and file objections to dispose of said real estate to be published in thethe proposed plans, specifications, contract, or manner as prescribed by law.estimated cost of the improvement. Passed, approved and adopted this 17th day ofPassed, adopted and approved this 17th day of July, 1995.July, 1995. Terrance M. Duggan, MayorTerrance M. Duggan, Mayor Attest:Attest: Mary A. Davis, City ClerkMary A. Davis, City Clerk Council Member Voetberg moved adoption ofCouncil Member Kluesner moved adoption of the Resolution and set the matter for public hearingthe Resolution. Seconded by Council Member on August 7, 1995. Seconded by CouncilRobbins. Carried by the following vote: Member Robbins. Carried by the following vote:Yeas—Mayor Duggan, Council Members Yeas—Mayor Duggan, Council MembersKluesner, Krieg, Nagle, Nicholson, Robbins, Kluesner, Krieg, Nagle, Nicholson, Robbins,Voetberg. Nays—None. Voetberg. Nays—None. RESOLUTION NO. 271-95 City Manager submitting documents providing ORDERING BIDS for the bidding process for construction of Mt.NOW THEREFORE, BE IT RESOLVED BY Carmel Road Guardrail, presented and read.THE COUNCIL OF THE CITY OF DUBUQUE, Council Member Kluesner moved that theIOWA: communication be received and filed. SecondedThat the Mount Carmel Guardrail is hereby by Council Member Robbins. Carried by theordered to be advertised for bids for construction. following vote: Yeas—Mayor Duggan, CouncilBE IT FURTHER RESOLVED, that the Members Kluesner, Krieg, Nagle, Nicholson,amount of the security to accompany each bid shall Robbins, Voetberg. Nays—None.be in an amount which shall conform to the provisions of the notice to bidders hereby approved Regular Session, July 17, 199513 as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 27th day of July, 1995. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:00 p.m. on the 7th day of August, 1995. Passed, adopted and approved this 17th day of July, 1995. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. There being no further business, Council Member Robbins moved to adjourn. Seconded by Council Member Kluesner. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Meeting adjourned at 9:09 p.m. Mary A. Davis CMC City Clerk Approved ______________________, 1996. Adopted _______________________, 1996. ____________________________________ Mayor ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ Council Members Attest: ____________________________________ City Clerk 2Regular Session, July 24, 1995 DUBUQUEMary A. Davis CMC City Clerk CITY COUNCIL Approved ___________________ , 1996. Adopted ____________________ , 1996. OFFICIAL PROCEEDINGS ____________________________________ Mayor Special Session, July 24, 1995 Council Met at 6:00 p.m., Public Library Auditorium ____________________________________ Present: Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Acting City ____________________________________ Manager John Mauss, Corporation Counsel Barry A. Lindahl. Absent: Council Members Nagle, Voetberg, City ____________________________________ Manager Michael Van Milligen. ____________________________________ Council Members reviewed and discussed surveys completed by the following Boards and/or Commissions: Library Board of Trustees, ____________________________________ Investment Oversight Committee, Housing Commission and Housing Trust Fund Commission. ____________________________________ Council Members RESOLUTION NO. 272-95 Whereas, applications for Beer Permits have Attest: been submitted and filed to this Council for approval and the same have been examined and ____________________________________ approved; and City Clerk Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Mulgrew Oil Co. JFK Amoco Foodshop +(Sunday Sale)1701 JFK Rd Passed, approved and adopted this 24th day of July, 1995 Terrance M. Duggan, Mayor Attest: Mary A Davis, City Clerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins. Nays—None. Absent—Council Members Nagle, Voetberg. There being no further business, Council Member Krieg moved to adjourn. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins. Nays—None. Absent: Council Member Nagle, Voetberg. Meeting adjourned at 7:07 P.M.