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1995 August Council ProceedingsRegular Session, August 7, 19952 Robbins. Nays—None. Absent—Council Member Voetberg. DUBUQUE City Manager submitting Quarterly Investment Report; Substance Abuse submitting their 4th CITY COUNCIL quarterly report and Convention and Visitors Bureau submitting their 4th quarterly report, presented and read. Council Member Nagle OFFICIALmoved that the communication and report be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members PROCEEDINGS Kluesner, Krieg, Nagle, Nicholson, Robbins. Nays—None. Absent—Council Member Voetberg. City Council, Regular Session, August 7, 1995 Council met at 7:00 p.m., Public Library NOTICES OF CLAIMS/SUITS — Scott Auditorium. Fuller in amt. of $119.73 for vehicle damages; Present: Mayor Duggan, Council Members Linda J. Gibbons in amt. of $416.00 for vehicle Kluesner, Krieg, Nagle, Nicholson, Robbins, City damages; Danita Hart in unknown amount for Manager Michael Van Milligen, Corporation personal injuries; Health Choices, Inc., advising of Counsel Barry A. Lindahl. the right of subrogation for payments made for Absent: Council Member Voetberg. personal injuries to Marlene Hird; Francis J. Hoey in amount of $1,380.64 for vehicle damages; Mayor Duggan read the call and stated this is Jeanette Jaeger in unknown total amount for the Regular Session of the City Council called for personal injuries; Mary Jo Jewett in amount of the purpose to act upon such business which may $396.60 for vehicle damages; Mary and James properly come before the Council. Kalloway vs. City of Dubuque et al, in unknown amount, for personal injuries; Rosemary M. Kline Invocation was given by Rev. Lyle in amount of $379.78 for vehicle damages; Linda Wilgenbusch, Pastor of St. Joseph The Worker L. Kramer in amount of $347.82 for vehicle Catholic Church. damages; Richard A. Meyer in amount of $550.00 for backed-up sewer damages; Harold Price vs. PROCLAMATIONS - August 18-20 as City of Dubuque et al, in amount of $4,000.00 (In "Thunderfest Days" received by Rod Tschiggfrie Small Claims Court) for sewer installation and August 9-October 31 as "United Way damages; Mike J. Spautz in amount of $200.00 for Campaign Time" received by Dan Kruse. property damages; Sean O. Sullivan in amount of $640.25 for vehicle damages; Joyanne M. MINUTES SUBMITTED — Citizens with Thurston in unknown amount for personal injuries; Disabilities Parking Review Committee 6-27; Don Trumm in amount of $661.92 for personal Civil Service Commission of 12-21-94; Electrical injuries; Cynthia I. Weber, in unknown amount for Code Board of 7-31; Five Flags Commission of 7- personal injuries, presented and read. Council 17; Investment Oversight Commission of 7-17; Member Nagle moved that the claims and suits be Investment Oversight Commission submitting their referred to the Legal Staff for investigation and quarterly report; Library Board of Trustees of 6- report. Seconded by Council Member Nicholson. 22; Long Range Planning Commission of 6-21; Carried by the following vote: Yeas—Mayor Park & Recreation Commission of 7-11, presented Duggan, Council Members Kluesner, Krieg, and read. Council Member Nagle moved that the Nagle, Nicholson, Robbins. Nays—None. minutes be received and filed. Seconded by Absent—Council Member Voetberg. Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Corporation Counsel advising of referral of Members Kluesner, Krieg, Nagle, Nicholson, property damage claim of John W. Herrig to Robbins. Nays—None. Absent—Council Crawford & Company, the agent for the Iowa Member Voetberg. Communities Assurance Pool, presented and read. Council Member Nagle moved that the Proof of Publication on publication of City communication be received and filed. Seconded Council meetings of 6-26, 7-3, 7-17 & 7-24, by Council Member Nicholson. Carried by the presented and read. Council Member Nagle following vote: Yeas—Mayor Duggan, Council moved that the proof be received and filed. Members Kluesner, Krieg, Nagle, Nicholson, Seconded by Council Member Nicholson. Carried Robbins. Nays—None. Absent—Council by the following vote: Yeas—Mayor Duggan, Member Voetberg. Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins. Nays—None. Corporation Counsel recommending settlement Absent—Council Member Voetberg. of car damage claim of Elaine Wickler in amount of $105.95 and Finance Director to issue check, Printed Council proceedings for months of presented and read. Council Member Nagle November & December, 1994, presented for moved that the communication be received and approval. Council Member Nagle moved that the filed and settlement approved and directed Finance proceedings be approved as printed. Seconded by Director to issue the proper check. Seconded by Council Member Nicholson. Carried by the Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Members Kluesner, Krieg, Nagle, Nicholson, 3Regular Session, August 7, 1995 Robbins. Nays—None. Absent—CouncilNOW, THEREFORE, BE IT RESOLVED BY Member Voetberg.THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Corporation Counsel recommending denial ofSection 1. That Resolution 217-95 is hereby property damage claim of Duane Brown, presentedrescinded. and read. Council Member Nagle moved that theSection 2. That the dedication of Jaeger Drive communication be received and filed and denialand Bianca Drive, together with the easements for approved. Seconded by Council Memberpublic utilities, sanitary sewer, and storm sewer as Nicholson. Carried by the following vote:they appear upon said final plat, be and the same Yeas—Mayor Duggan, Council Membersare hereby accepted; and Kluesner, Krieg, Nagle, Nicholson, Robbins.Section 3. That the plat of Block 4, Lots 1 thru Nays—None. Absent—Council Member5; Block 5, Lots 1 thru 3; and Block 6, Lots 1 thru Voetberg.4; being a subdivision of Jaeger Heights Subdivision No. 2, is hereby reaffirmed and the FDL Foods, Inc. advising of a mass layoff atMayor and City Clerk are hereby authorized and their facility located at 701 E. 16th Streetdirected to endorse the reaffirmation of the City of commencing on September 28, 1995, presentedDubuque, Iowa, upon said final plat, provided the and read. Council Member Nagle moved that theowners of said property herein named, execute communication be received and filed. Secondedtheir written acceptance hereto attached agreeing: by Council Member Nicholson. Carried by thea.To reduce Jaeger Drive and Bianca Drive to following vote: Yeas—Mayor Duggan, Councilgrade and to construct concrete curb and gutter Members Kluesner, Krieg, Nagle, Nicholson,and to hard surface with asphaltic concrete, or Robbins. Nays—None. Absent—Councilwith concrete paving with integral curb, all in Member Voetberg.accordance with the City of Dubuque standard specifications, all in a manner acceptable to the Al Gudenkauf requesting 180 day extension toCity Engineer, and in conformance with provide necessary security as contained inconstruction improvement plans approved by Resolution No. 217-95 (Jaeger Heightsthe City Engineer, and inspected by the City Subdivision No. 2), presented and read. CouncilEngineer; Member Nagle moved that the communication beb.To install sanitary sewer mains and sewer received and filed. Seconded by Council Memberservice laterals into each individual lot, water Nicholson. Carried by the following vote:mains and water service laterals with each Yeas—Mayor Duggan, Council Membersindividual lot, storm sewers and catch basins, Kluesner, Krieg, Nagle, Nicholson, Robbins.boulevard street lighting and erosion control Nays—None. Absent—Council Memberdevices all in accordance with the City of Voetberg.Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement RESOLUTION NO. 273-95 A RESOLUTION RESCINDINGplans approved by the City Engineer, and RESOLUTION NO. 217-95 ANDinspected by the City Engineer; REAFFIRMING THE FINAL PLAT OFc.To construct said improvements, prior to two (2) year(s) from the date of acceptance of this BLOCK 4, LOTS 1 THRU 5; BLOCK 5, LOTS 1 THRU 3; AND BLOCK 6, LOTS 1resolution, at the sole expense of the owners, or THRU 4, BEING A SUBDIVISION OFfuture owners; and d.To maintain the public improvements, for a JAEGER HEIGHTS SUBDIVISION NO. 2 IN period of two (2) years from the date of the THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the Cityacceptance of those improvements by the City Clerk a final plat of Block 4, Lots 1 thru 5; Blockof Dubuque, Iowa, at the sole expense of the 5, Lots 1 thru 3; and Block 6, Lots 1 thru 4, beingowners, or future owners. a subdivision of Jaeger Heights Subdivision No. 2And further provided that said Al Gudenkauf, in the City of Dubuque, Iowa; andas owner of said property, shall secure the Whereas, upon said final plat appear street(s) toperformance of the foregoing conditions provided be known as Jaeger Drive and Bianca Drive,in this Section by providing guarantees in such together with certain public utility and sanitaryform and with such sureties as may be acceptable sewer and storm sewer easements which theto the City Manager of the City of Dubuque, Iowa. owners by said final plat have dedicated to theSection 4. Sidewalk installation shall be the public forever; andresponsibility of the owner of the property abutting Whereas, the preliminary plat has beenthe public right-of-way, as required by City Code examined by the Zoning Commission and had its41-161 through 41-164. The responsibility shall approval endorsed thereon; andextend to all successors, heirs and assignees. Whereas, said final plat has been reviewed bySidewalk installation will not be required until the the City Planner and had her approval endorseddevelopment of the lot has been completed, except thereon, andas required herein. In sparsely developed Whereas, said final plat has been examined bysubdivisions, sidewalks on developed lots will not the City Council and they find that it conforms tobe required until 50% of the lots approved by the the statutes and ordinances relating to it, exceptplat have been developed. All vacant lots shall that no streets or public utilities have yet beenhave sidewalks installed upon development of 80% constructed or installed; andof the lots approved by the plat. Whereas, the City Council concurs in theSection 5. That final acceptance of all public conditions of approval established by the Zoningimprovements shall occur upon acceptance by the Commission and the City Planner.City Council that public improvements have been completed in accordance with the improvement plans and City standard specifications. Regular Session, August 7, 19954 Section 6. That in the event Al Gudenkaufand Substance Abuse Service, presented and read. shall fail to execute the acceptance and furnish theCouncil Member Nagle moved that the guarantees provided in Section 3 hereof withincommunication be received and filed and approved one-hundred eighty (180) days after the date of thisagreements. Seconded by Council Member Resolution, the provisions hereof shall be null andNicholson. Carried by the following vote: void and the acceptance of the dedication andYeas—Mayor Duggan, Council Members approval the plat shall not be effective.Kluesner, Krieg, Nagle, Nicholson, Robbins. Passed, approved and adopted this 7th day ofNays—None. Absent—Council Member August, 1995.Voetberg. Terrance M. Duggan, Mayor Attest:Communication of City Manager Mary A. Davis, City Clerkrecommending approval of Purchase of Service ACCEPTANCE OF RESOLUTIONAgreement with Greater Dubuque Development NO. 273-95Corporation, presented and read. Council Member I, the undersigned, Al Gudenkauf, having readNagle moved that the communication be received the terms and conditions of the Resolution No.and filed. Seconded by Council Member 273-95 and being familiar with the conditionsNicholson. Carried by the following vote: thereof, hereby accept this same and agree to theYeas—Mayor Duggan, Council Members conditions required therein.Kluesner, Krieg, Nagle, Nicholson, Robbins. Dated in Dubuque, Iowa this day of ,Nays—None. Absent—Council Member 1995.Voetberg. NOT SIGNED AS OF JANUARY 15, 1996 By ____________________________ RESOLUTION NO. 274-95 Al GudenkaufRESOLUTION APPROVING AN Council Member Nagle moved adoption of theAGREEMENT FOR ECONOMIC Resolution. Seconded by Council MemberDEVELOPMENT SERVICES WITH THE Nicholson. Carried by the following vote: GREATER DUBUQUE DEVELOPMENT Yeas—Mayor Duggan, Council MembersCORPORATION FOR FISCAL YEAR 1996 Kluesner, Krieg, Nagle, Nicholson, Robbins.AND AUTHORIZING AND DIRECTING Nays—None. Absent—Council MemberTHE CITY MANAGER TO EXECUTE THE Voetberg. AGREEMENT Whereas, the City Council of the City of Wayne Norman, Jr., requesting granting ofDubuque, Iowa, desires to maintain an easement to Dubuque County Historical Societyeconomically viable community by encouraging on property surrounding Lot 4 in Ice Harborprivate sector development which produces jobs Development, presented and read. Counciland expands the local tax base; and Member Nagle moved that this matter be referredWhereas, the City Council has determined that to the City Manager. Seconded by Councila program of economic development activities and Member Nicholson. Carried by the following vote:the promotion of economic development Yeas—Mayor Duggan, Council Membersopportunities through the provision of services to Kluesner, Krieg, Nagle, Nicholson, Robbins.local business and industry and through the Nays—None. Absent—Council Memberrecruitment of new firms to the Dubuque labor Voetberg.market is a necessary element in a program of economic enhancement; and City Manager submitting copy of letter sent toWhereas, the City of Dubuque has budgeted Representative Jim Nussle regarding cableand committed certain funds for the support of the legislation, presented and read. Council Memberobjectives and activities noted above; and Nagle moved that the communication be receivedWhereas, the Greater Dubuque Development and filed. Seconded by Council MemberCorporation by virtue of its experience and other Nicholson. Carried by the following vote:professional qualifications has proposed to enter Yeas—Mayor Duggan, Council Membersinto an agreement for the provision of economic Kluesner, Krieg, Nagle, Nicholson, Robbins.development services. Nays—None. Absent—Council MemberNOW, THEREFORE, BE IT RESOLVED BY Voetberg.THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: City Manager recommending approval ofSection 1. That the Purchase of Service contract to conduct Organizational DevelopmentAgreement with the Greater Dubuque Activities at the Water Pollution Control Plant,Development Corporation, hereto attached and presented and read. Council Member Naglemarked "Exhibit A", is hereby approved. moved that the communication be received andSection 2. That the City Manager be and he is filed and contract approved. Seconded by Councilhereby authorized and directed to execute said Member Nicholson. Carried by the following vote:Agreement and make such payments to the Greater Yeas—Mayor Duggan, Council MembersDubuque Development Corporation as are Kluesner, Krieg, Nagle, Nicholson, Robbins.provided for in the aforesaid Agreement, in an Nays—None. Absent—Council Memberamount not to exceed $62,721 according to the Voetberg.terms and conditions for payment set forth in said Agreement. Communications of City ManagerPassed, approved and adopted this 7th day of recommending approval of following Purchase ofAugust, 1995. Services Agreements: Helping Services for Northeast Iowa; Project Concern - FosterTerrance M. Duggan, Mayor Grandparent Program; Operation: New View;Attest: Retired and Senior Volunteer Program (RSVP)Mary A. Davis, City Clerk 5Regular Session, August 7, 1995 Council Member Nagle moved adoption of theKluesner, Krieg, Nagle, Nicholson, Robbins. Resolution. Seconded by Council MemberNays—None. Absent—Council Member Nicholson. Carried by the following vote:Voetberg. Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins.City Manager recommending acceptance of Nays—None. Absent—Council Member1994 Asphalt Paving Project, presented and read. Voetberg.Council Member Nagle moved that the communication be received and filed. Seconded City Manager recommending acceptance ofby Council Member Nicholson. Carried by the City Hall Annex Remodeling project, presentedfollowing vote: Yeas—Mayor Duggan, Council and read. Council Member Nagle moved that theMembers Kluesner, Krieg, Nagle, Nicholson, communication be received and filed. SecondedRobbins. Nays—None. Absent—Council by Council Member Nicholson. Carried by theMember Voetberg. following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson,RESOLUTION NO. 277-95 Robbins. Nays—None. Absent—Council ACCEPTING IMPROVEMENT Member Voetberg.Whereas, the contract for the 1994 Asphalt Paving Project has been completed and the City Manager has examined the work and filed his RESOLUTION NO. 275-95 certificate stating that the same has been completed ACCEPTING IMPROVEMENT Whereas, the contract for the City Hall Annexaccording to the terms of the contract, plans and Remodeling Project has been completed and thespecifications and recommends it acceptance. City Manager has examined the work and filed hisNOW THEREFORE, BE IT RESOLVED BY certificate stating that the same has been completedTHE CITY COUNCIL OF THE CITY OF according to the terms of the contract, plans andDUBUQUE, IOWA: specifications and recommends it acceptance.Section 1. That the recommendation of the NOW THEREFORE, BE IT RESOLVED BYCity Manager be approved and that said THE CITY COUNCIL OF THE CITY OFimprovement be and the same is hereby accepted. DUBUQUE, IOWA:BE IT FURTHER RESOLVED that the City Section 1. That the recommendation of theTreasurer be and he is hereby directed to pay to the City Manager be approved and that saidcontractor from the Street Construction Fund, the improvement be and the same is hereby accepted.Local Option Sales Tax Fund, and the Parking BE IT FURTHER RESOLVED that the CityConstruction Fund in amount equal to the amount Treasurer be and he is hereby directed to pay to theof his contract, less any retained percentage contractor from Sales Tax and General Funds inprovided for therein. amount equal to the amount of his contract, lessPassed, approved and adopted this 7th day of any retained percentage provided for therein.August, 1995. Passed, approved and adopted this 7th day ofTerrance M. Duggan, Mayor August, 1995.Attest: Terrance M. Duggan, MayorMary A. Davis, City Clerk Attest:Council Member Nagle moved adoption of the Mary A. Davis, City ClerkResolution. Seconded by Council Member Council Member Nagle moved adoption of theNicholson. Carried by the following vote: Resolution. Seconded by Council MemberYeas—Mayor Duggan, Council Members Nicholson. Carried by the following vote:Kluesner, Krieg, Nagle, Nicholson, Robbins. Yeas—Mayor Duggan, Council MembersNays—None. Absent—Council Member Kluesner, Krieg, Nagle, Nicholson, Robbins.Voetberg. Nays—None. Absent—Council Member Voetberg. RESOLUTION NO. 278-95 FINAL ESTIMATE RESOLUTION NO. 276-95Whereas, the contract for the 1994 Asphalt FINAL ESTIMATEPaving Project has been completed and the City Whereas, the contract for the City Hall AnnexEngineer has submitted his final estimate showing Remodeling has been completed and the Citythe cost thereof including the cost of estimates, Engineer has submitted his final estimate showingnotices and inspection and all miscellaneous costs; the cost thereof including the cost of estimates,NOW THEREFORE, BE IT RESOLVED BY notices and inspection and all miscellaneous costs;THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED BYDUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OFSection 1. That the cost of said improvement is DUBUQUE, IOWA:hereby determined to be $476,279.28 and the said Section 1. That the cost of said improvement isamount shall be paid from the Street Construction hereby determined to be $204,104.60 and the saidFund, the Local Option Sales Tax Fund, and the amount shall be paid from Sales Tax and GeneralParking Construction Fund of the City of Funds of the City of Dubuque, Iowa.Dubuque, Iowa. Passed, approved and adopted this 7th day ofPassed, approved and adopted this 7th day of August, 1995.August, 1995. Terrance M. Duggan, MayorTerrance M. Duggan, Mayor Attest:Attest: Mary A. Davis, City ClerkMary A. Davis, City Clerk Council Member Nagle moved adoption of theCouncil Member Nagle moved adoption of the Resolution. Seconded by Council MemberResolution. Seconded by Couincil Member Nicholson. Carried by the following vote:Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council MembersYeas—Mayor Duggan, Council Members Regular Session, August 7, 19956 Kluesner, Krieg, Nagle, Nicholson, Robbins. RESOLUTION NO. 279-95 Nays—None. Absent—Council MemberRESOLUTION ADOPTING PLANS Voetberg.AND SPECIFICATIONS Whereas, on the 28th day of June, 1995, plans, City Manager recommending approval ofspecifications, form of contract and estimated cost allocation of Community Development Blockwere filed with the City Clerk of Dubuque, Iowa Grant Flood Disaster Relief Funds, presented andfor the Olympic Heights Road Sanitary Sewer and read. Council Member Nagle moved that theWatermain Extension. communication be received and filed and approvedWhereas, notice of hearing on plans, allocation. Seconded by Council Memberspecifications, form of contract, and estimated cost Nicholson. Carried by the following vote:was published as required by law. Yeas—Mayor Duggan, Council MembersNOW THEREFORE, BE IT RESOLVED BY Kluesner, Krieg, Nagle, Nicholson, Robbins.THE CITY COUNCIL OF THE CITY OF Nays—None. Absent—Council MemberDUBUQUE, IOWA: Voetberg.That the said plans, specifications, form of contract and estimated cost are hereby approved as City Manager recommending approval ofthe plans, specifications, form of contract and Cooperative Agreement with Iowa Civil Rightsestimated cost for said improvements for said Commission, presented and read. Councilproject. Member Nagle moved that the communication bePassed, adopted and approved this 7th day of received and filed and approved Agreement.August, 1995. Seconded by Council Member Nicholson. CarriedTerrance M. Duggan, Mayor by the following vote: Yeas—Mayor Duggan,Attest: Council Members Kluesner, Krieg, Nagle,Mary A. Davis, City Clerk Nicholson, Robbins. Nays—None.Council Member Nagle moved adoption of the Absent—Council Member Voetberg.Resolution. Seconded by Council Member Nicholson. Carried by the following vote: City Manager advising of annexation ofYeas—Mayor Duggan, Council Members Secondary Roads to the City, presented and read.Kluesner, Krieg, Nagle, Nicholson, Robbins. Council Member Nagle moved that theNays—None. Absent—Council Member communication be received and filed. SecondedVoetberg. by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, CouncilRESOLUTION NO. 280-95 Members Kluesner, Krieg, Nagle, Nicholson, RESOLUTION WITH RESPECT TO THE Robbins. Nays—None. Absent—Council ADOPTION OF THE RESOLUTION OF Member Voetberg.NECESSITY PROPOSED FOR THE OLYMPIC HEIGHTS ROAD SANITARY Council Member Nagle moved that the rules be SEWER AND WATERMAIN EXTENSION suspended to allow anyone present to address theWhereas, the City Council has proposed a Council if they so desire. Seconded by CouncilResolution of Necessity for the Olympic Heights Member Nicholson. Carried by the following vote:Road Sanitary Sewer and Watermain Extension, Yeas—Mayor Duggan, Council Membershas given notice of the public hearing thereon as Kluesner, Krieg, Nagle, Nicholson, Robbins.required by law; and Nays—None. Absent—Council MemberWhereas, the public hearing has been held, all Voetberg.persons offering objections have been heard and consideration given to all objections and is pending Proof of Publication certified to by thebefore this Council; and Publisher on Notice of hearing on plans and specs.Whereas, this is the time and place set as for the Olympic Heights Road Sanitary Sewer andprovided for the taking of action on the proposed Watermain Extension project; Proof ofResolution of Necessity. Publication certified to by the Publisher on noticeNOW THEREFORE, BE IT RESOLVED BY to property owners of hearing on Resolution ofTHE CITY COUNCIL OF THE CITY OF Necessity for project; Communication of GraceDUBUQUE, IOWA: Koob objecting to sewer assessments and theThat the proposed Resolution of Necessity mandatory time required to hook up to sewer;described above is hereby: Communication of John & Diane Sweeney notAdopted, without amendment, and all opposing the project, however, objecting to theobjections filed or made having been duly high assessment costs and Communication ofconsidered are overruled. Herman Nauman objecting to the project forPassed, adopted and approved this 7th day of various reasons, and Roger Scott submitting hisAugust, 1995. comments regarding project, presented and read.Terrance M. Duggan, Mayor Council Member Nagle moved that the proof andAttest: communications be received and filed. SecondedMary A. Davis, City Clerk by Council Member Nicholson. Carried by theCouncil Member Nagle moved adoption of the following vote: Yeas—Mayor Duggan, CouncilResolution. Seconded by Council Member Members Kluesner, Krieg, Nagle, Nicholson,Nicholson. Carried by the following vote: Robbins. Nays—None. Absent—CouncilYeas—Mayor Duggan, Council Members Member Voetberg.Kluesner, Krieg, Nagle, Nicholson, Robbins. Grace Koob, 330 Olympic Heights, HermanNays—None. Absent—Council Member Nauman, 245 Olympic Heights, and Mike Smyth,Voetberg. 500 Olympic Heights, objected to various aspects of the assessments. RESOLUTION NO. 281-95 ORDERING BIDS 7Regular Session, August 7, 1995 NOW THEREFORE, BE IT RESOLVED BYDuggan, Council Members Kluesner, Krieg, THE COUNCIL OF THE CITY OF DUBUQUE,Nagle, Nicholson, Robbins. Nays—None. IOWA:Absent—Council Member Voetberg. That the Olympic Heights Road Sanitary Sewer and Watermain Extension is hereby ordered to beProof of Publication certified to by the advertised for bids for construction.Publisher on Notice to Bidders of receipt of bids BE IT FURTHER RESOLVED, that thefor project and City Manager recommending to amount of the security to accompany each bid shallaward contract for project, presented and read. be in an amount which shall conform to theCouncil Member Krieg moved that the proof and provisions of the notice to bidders hereby approvedcommunication be received and filed. Seconded as a part of the plans and specifications heretoforeby Council Member Nagle. Carried by the adopted.following vote: Yeas—Mayor Duggan, Council That the City Clerk is hereby directed toMembers Kluesner, Krieg, Nagle, Nicholson, advertise for bids for the construction of theRobbins. Nays—None. Absent—Council improvements herein provided, to be published inMember Voetberg. a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be lessRESOLUTION NO. 283-95 than four days nor more than twenty days prior toAWARDING CONTRACT the receipt of said bids at 2:00 p.m. on the 15thWhereas, sealed proposals have been submitted day of August, 1995. Bids shall be opened andby contractors for the Mt. Carmel Guardrail read by the City Clerk at said time and will beProject pursuant to Resolution No. 271-95 and submitted to the Council for final action at 7:00notice to bidders published in a newspaper p.m. on the 21st day of August, 1995.published in the City of Dubuque, Iowa on the Passed, adopted and approved this 7th day of20th day of July, 1995. August, 1995.Whereas, said sealed proposals were opened Terrance M. Duggan, Mayorand read on the 27th day of July, 1995 and it has Attest:been determined that the bid of Tschiggfrie Mary A. Davis, City ClerkExcavating of Dubuque, Iowa in the amount of Council Member Nagle moved adoption of the$46,239.55 was the lowest bid for the furnishings Resolution. Seconded by Council Memberof all labor and materials and performing the work Nicholson. Carried by the following vote:as provided for in the plans and specifications. Yeas—Mayor Duggan, Council MembersNOW THEREFORE, BE IT RESOLVED BY Kluesner, Krieg, Nagle, Nicholson, Robbins.THE CITY COUNCIL OF THE CITY OF Nays—None. Absent—Council MemberDUBUQUE, IOWA: Voetberg.That the contract for the above improvement be awarded to Tschiggfrie Excavating and the Proof of Publication certified to by theManager be and is hereby directed to execute a Publisher on Notice of Hearing on Plans andcontract on behalf of the City of Dubuque for the Specifications for the Mount Carmel Guardrailcomplete performance of the work. project, presented and read. Council MemberBE IT FURTHER RESOLVED: Krieg moved that the proof be received and filed.That upon the signing of said contract and the Seconded by Council Member Nagle. Carried byapproval of the contractor's bond, the City the following vote: Yeas—Mayor Duggan,Treasurer is authorized and instructed to return the Council Members Kluesner, Krieg, Nagle,bid deposits of the unsuccessful bidders. Nicholson, Robbins. Nays—None.Passed, approved and adopted this 7th day of Absent—Council Member Voetberg.August, 1995. Terrance M. Duggan, Mayor RESOLUTION NO. 282-95Attest: Mary A. Davis, City Clerk RESOLUTION ADOPTING PLANS AND SPECIFICATIONSCouncil Member Krieg moved adoption of the Whereas, on the 13th day of July, 1995, plans,Resolution. Seconded by Council Member Nagle. specifications, form of contract and estimated costCarried by the following vote: Yeas—Mayor were filed with the City Clerk of Dubuque, IowaDuggan, Council Members Kluesner, Krieg, for the Mount Carmel Guardrail.Nagle, Nicholson, Robbins. Nays—None. Whereas, notice of hearing on plans,Absent—Council Member Voetberg. specifications, form of contract, and estimated cost was published as required by law.Proof of Publication certified to by the NOW THEREFORE, BE IT RESOLVED BYPublisher on Notice of public hearing to consider THE CITY COUNCIL OF THE CITY OFgranting a "Taxicab Operator Permit" to Rainbow DUBUQUE, IOWA:Rides, presented and read. Council Member That the said plans, specifications, form ofKluesner moved that the proof be received and contract and estimated cost are hereby approved asfiled. Seconded by Council Member Robbins. the plans, specifications, form of contract andCarried by the following vote: Yeas—Mayor estimated cost for said improvements for saidDuggan, Council Members Kluesner, Krieg, project.Nagle, Nicholson, Robbins. Nays—None. Passed, adopted and approved this 7th day ofAbsent—Council Member Voetberg. August, 1995. Terrance M. Duggan, MayorProof of Publication certified to by the Attest:Publisher on Notice of Public Hearing to consider Mary A. Davis, City Clerkdisposing of City's Interest in Lots 2B and 2C in Council Member Krieg moved adoption of theBlock 10 of Dubuque Harbor Company's Addition Resolution. Seconded by Council Member Nagle.and City Manager recommending approval of Carried by the following vote: Yeas—Mayordisposal of property, presented and read. Council Regular Session, August 7, 19958 Member Robbins moved that the proof andProof of Publication certified to by the communication be received and filed. SecondedPublisher on Notice of hearing to consider by Council Member Nicholson. Carried by thevoluntary annexation for property located south of following vote: Yeas—Mayor Duggan, CouncilCrescent Ridge Road, presented and read. Council Members Kluesner, Krieg, Nagle, Nicholson,Member Krieg moved that the proof be received Robbins. Nays—None. Absent—Counciland filed. Seconded by Council Member Nagle. Member Voetberg.Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins. Nays—None. RESOLUTION NO. 284-95 Whereas, pursuant to resolution and publishedAbsent—Council Member Voetberg. notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general RESOLUTION NO. 285-95 circulation published in the City of Dubuque, IowaRESOLUTION ANNEXING CERTAIN on 28th day of July, 1995, the City Council of theREAL ESTATE TO THE CITY OF City of Dubuque, Iowa met on the 7th day ofDUBUQUE, IOWA. August, 1995, at 7:00 p.m. in the Public LibraryWhereas, Robert Bradley and Jean Rafoth, as Auditorium, 11th and Locust, Dubuque, Dubuqueowners of an area approximately twenty (20) acres County, Iowa to consider the proposal for the salein size lying immediately adjacent to the City of of real estate described as:Dubuque, Iowa, has voluntarily petitioned for Lot 2B and Lot 2C of Block 10 of Dubuqueannexation of said territory to the City of Harbor Company's Addition; andDubuque, as shown on the attached Exhibit A; and Whereas, the City Council of the City ofWhereas, Chapter 368 of the Code of Iowa Dubuque, Iowa overruled any and all objections,authorizes the extension of City limits in situations oral or written, to the proposal to dispose ofof this character by the adoption of a resolution interest of the City of Dubuque, Iowa in theafter notification as required by State regulations; hereinabove described real estate to Lyle J.and Whalen.Whereas, the future growth and development of NOW, THEREFORE, BE IT RESOLVED BYthe City of Dubuque, Iowa, make it desirable that THE CITY COUNCIL OF THE CITY OFsaid territory be made part of the City of Dubuque, DUBUQUE, IOWA:Iowa. Section 1. That the disposal of the interest ofNOW THEREFORE, BE IT RESOLVED BY the City of Dubuque, Dubuque County, Iowa inTHE CITY COUNCIL OF THE CITY OF real property described as Lot 2B and Lot 2C inDUBUQUE, IOWA: Block 10 of Dubuque Harbor Company's AdditionSection 1. That the territorial limits of the City in the City of Dubuque, Iowa to Lyle J. Whalen,of Dubuque, Iowa, be and they are hereby be and the same is hereby approved for the sum ofextended to include the area comprising the $9,200.00, plus publication and filing fees;following described real estate, to wit: Lot 2 of conveyance shall be by Quit Claim Deed.Mineral Lot 285 in Section 33, T89N, R2E, in Section 2. That the Mayor be authorized andDubuque Township, in the County of Dubuque, directed to execute a Quit Claim Deed, and theIowa. City Clerk be and is hereby authorized andSection 2. That the territory hereby annexed directed to deliver said deed of conveyance to theshall become a part of the First Ward, Third above named grantees upon receipt of the purchasePrecinct of the City of Dubuque, Iowa. price in full.Section 3. That the City Clerk shall file this Section 3. The City reserves unto itself aResolution, attached Exhibit A and the petition for perpetual easement including the right of ingressvoluntary annexation with the City Development and egress thereto, for the purpose of erecting,Board of the State of Iowa. installing, constructing, reconstructing, repairing,Passed, approved and adopted this 7th day of owning, operating, and maintaining water, sewer,August, 1995. drainage, gas, telephone, t.v. cable and electricTerrance M. Duggan, Mayor lines as may be authorized by the City ofAttest: Dubuque, Iowa.Mary A. Davis, City Clerk Section 4. Direct access to U.S. 61 and theCouncil Member Krieg moved that the Jones Street Connector is prohibited.communication be received and filed. Seconded Section 5. That the City Clerk be and is herebyby Council Member Nagle. Carried by the authorized and directed to record a certified copyfollowing vote: Yeas—Mayor Duggan, Council of this resolution in the office of the City Assessor,Members Kluesner, Krieg, Nagle, Nicholson, Dubuque County Recorder and the DubuqueRobbins. Nays—None. Absent—Council County Auditor.Member Voetberg. Passed, approved and adopted this 7th day of August, 1995.Proof of Publication certified to by the Terrance M. Duggan, MayorPublisher on Notice of public hearing to reclassify Attest:property located at 1101 Cedar Cross Road from Mary A. Davis, City ClerkAG to C-2 District, presented and read. Council Council Member Robbins moved adoption ofMember Kluesner moved that the proof be the Resolution. Seconded by Council Memberreceived and filed. Seconded by Council Member Nicholson. 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. Nays—None. Absent—Council MemberNays—None. Absent—Council Member Voetberg.Voetberg. 9Regular Session, August 7, 1995 An Ordinance Amending Zoning Map byand Gordon E. Mills. Council Member Kluesner reclassifying property described as "Lot 2, J.moved that Gordon E. Mills be reappointed and George Subdivision" from AG AgriculturalMary A. Agria be appointed to the Long Range District to C-2 Neighborhood Shopping CenterPlanning Commission for terms which will expire District, said Ordinance having been presented and7-1-98. Seconded by Council Member Nicholson. read at the Council Meeting of July 17, 1995,Carried by the following vote: Yeas—Mayor presented for final action. Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins. Nays—None. Absent—Council Member Voetberg. (OFFICIAL PUBLICATION) ORDINANCE NO. 49-95 AN ORDINANCE AMENDING APPENDIXTRANSIT BOARD OF TRUSTEES 1 3-Year term which will expire 7-30-98 (term A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OFof W. Nolan). William Nolan spoke requesting ORDINANCES, BY RECLASSIFYINGreappointment. Vote on the appointment was as HEREINAFTER DESCRIBED PROPERTYfollows: Mayor Duggan voted for Nolan. Council Member Kluesner voted for Nolan. Council LOCATED AT 1101 CEDAR CROSS ROAD FROM AG AGRICULTURAL DISTRICT TOMember Krieg voted for Nolan. Council Member C-2 NEIGHBORHOOD SHOPPINGNicholson voted for Nolan. Council Member Robbins voted for Nolan. Therefore, William CENTER DISTRICT. NOW, THEREFORE, BE IT ORDAINED BYNolan reappointed to the Transit Board for a 3 THE CITY COUNCIL OF THE CITY OFyear term which will expire 7-3-98. DUBUQUE, IOWA: Section 1. That Appendix A (the ZoningNeighborhood Reinvestment Corporation to Ordinance) of the City of Dubuque Code ofaddress Council regarding application to revitalize Ordinances is hereby amended by reclassifying theLoras/Jackson Street area, presented and read. hereinafter described property from AGCouncil Member Kluesner moved that the Agricultural District to C-2 Neighborhoodcommunication be received and filed. Seconded Shopping Center District, to wit:by Council Member Nicholson. Carried by the Lot 2, J. George Subdivision, and to the centerfollowing vote: Yeas—Mayor Duggan, Council line of the adjoining public right-of-way, all inMembers Kluesner, Krieg, Nagle, Nicholson, the City of Dubuque, Iowa.Robbins. Nays—None. Absent—Council Section 2. The foregoing amendment hasMember Voetberg. heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa.Rev. Robert W. Taggart requesting City Section 3. This ordinance shall take effectconsider contributing City owned property immediately upon publication, as provided by law.consisting of 3 lots facing Sheridan Road between Passed, approved and adopted this 7th day ofDavis and Hogrefe Streets to Dubuque County August, 1995.Habitat for Humanity and City Manager Terrance M. Duggan, Mayorrecommending to dispose of property located at Attest:745 Davis St. and surrounding area, presented and Mary A. Davis, City Clerkread. Council Member Nagle moved that the communications be received and filed. Seconded Published officially in the Telegraph Herald this 11th day of August, 1995.by Council Member Nicholson. Carried by the 1t 8/11Mary A. Davis CMC, City Clerkfollowing vote: Yeas—Mayor Duggan, Council Council Member Kluesner moved finalMembers Kluesner, Krieg, Nagle, Nicholson, Robbins. Nays—None. Absent—Council consideration and passage of the Ordinance. Seconded by Council Member Nagle. Carried byMember Voetberg. the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle,RESOLUTION NO. 286-95 Nicholson, Robbins. Nays—None.RESOLUTION OF INTENTION TO Absent—Council Member Voetberg.DISPOSE OF CITY-OWNED PROPERTY SPECIFICALLY, LOTS NINETY-FOUR BOARDS AND COMMISSIONS(94), NINETY-FIVE (95) AND NINETY-SIX (96) IN O'NEILL'S RIVERVIEW LONG RANGE PLANNINGSUBDIVISION, IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, COMMISSION COUNCIL APPOINTEES:IOWA, ACCORDING TO THE RECORDED Two - 1-Year terms which will expire 7-1-96.PLAT THEREOF - 745 DAVIS STREET Whereas, the City has received an offer to Council Member Krieg moved that Dirkpurchase this property from the Dubuque County Voetberg be appointed as the Council MemberChapter for Habitat for Humanity; and Liaison and that Loras Kluesner be appointed asWhereas, by accepting this offer the City's Alternate Council Member to the Long Rangeobjectives of providing first-time homeownership to moderate-income buyers and rehabilitation of an Planning Commission for the one year term which will expire 7-1-96. Seconded by Council Memberabandoned home can be realized. Nicholson. Carried by the following vote:NOW, THEREFORE, BE IT RESOLVED BY Yeas—Mayor Duggan, Council MembersTHE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Kluesner, Krieg, Nagle, Nicholson, Robbins. Nays—None. Absent—Council MemberSection 1. That the City of Dubuque, Iowa Voetberg.intends to dispose of its interest in the following CITIZEN APPOINTEES:legally-described property: Lots Ninety-four (94), Ninety-five (95) and 2 3-Year terms which will expire 7-1-98 (terms of Crahan and Mills). Applicants: Mary A. AgriaNinety-six (96) O'Neill's Riverview Regular Session, August 7, 199510 Subdivision, in the City of Dubuque, County ofdescribed services are set forth in a Purchase of Dubuque, Iowa, according to the recorded platServices contract, a copy of which is hereto thereof.attached and by this reference made a part hereof. Section 2. That the City Council meet in theNOW, THEREFORE, BE IT RESOLVED BY Carnegie Stout Public Library Auditorium, 11thTHE CITY COUNCIL OF THE CITY OF and Bluff Streets, Dubuque, Iowa at 7:00 p.m. onDUBUQUE, IOWA: the 21st of August, 1995, for the purpose ofSection 1. That the attached Purchase of holding a public hearing and taking final action onServices contract by and between the City of the disposition of the above-described real estate inDubuque, Iowa and Alternative Services, Inc. is the City of Dubuque, Iowa.hereby approved. Section 3. That the City Clerk be and she isSection 2. That the City Manager be and he is hereby authorized and directed to cause a notice ofhereby authorized and directed to execute said such public hearing and the City Council's intent tocontract for and on behalf of the City of Dubuque, dispose of such property to be published asIowa. prescribed under Iowa Code Section 346.7.Passed, approved and adopted this 7th day of Passed, approved and adopted this 7th day ofAugust, 1995. August, 1995.Terrance M. Duggan, Mayor Terrance M. Duggan, MayorAttest: Attest:Mary A. Davis, City Clerk Mary A. Davis, City ClerkCouncil Member Krieg moved adoption of the Council Member Nagle moved adoption of theResolution. Seconded by Council Member Nagle. Resolution. 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. Nays—None. Kluesner, Krieg, Nagle, Nicholson, Robbins.Absent—Council Member Voetberg. Nays—None. Absent—Council Member Voetberg. City Manager recommending award of Housing Dubuque In-Futuro, Inc. requesting installationCommission Trust Funds, presented and read. of a right turn lane on the Northwest Arterial ontoCouncil Member Nicholson moved to tabled this Chavenelle Road and Communications frommatter to the 8-21-95 Council Meeting. Seconded United States Postal Service, Rite Hiteby Council Member Nagle. Carried by the Corporation, A. Y. McDonald Mfg. Co.,following vote: Yeas—Mayor Duggan, Council Nordstrom, Theisen Supply Inc. and The MetrixMembers Kluesner, Krieg, Nagle, Nicholson, Company endorsing the need for construction of aRobbins. Nays—None. Absent—Council de-acceleration lane on the west side of the N.W.Member Voetberg. Arterial at Chavenelle Rd., presented and read. Council Member Kluesner moved that theCity Manager requesting authorization for communications be received and filed. Secondedadditional funds for the Old Main Freeway by Council Member Krieg. Carried by theFrontage Improvement project (MAIN STREET following vote: Yeas—Mayor Duggan, CouncilUTILITY PROJECT), presented and read. Members Kluesner, Krieg, Nagle, Nicholson,Claudia Jones, Main Street Director, spoke to Robbins. Nays—None. Absent—Councilrequest. Council Member Krieg moved that the Member Voetberg.communication be received and filed and approved recommendation. Seconded by Council Member City Manager recommending approval ofKluesner. Carried by the following vote: agreement for administration of Family Self-Yeas—Mayor Duggan, Council Members Sufficiency program, presented and read. CouncilKluesner, Krieg, Nagle, Nicholson, Robbins. Member Krieg moved that the communication beNays—None. Absent—Council Member received and filed. Council Member Krieg movedVoetberg. that the communication be received and filed. Seconded by Council Member Nagle. Carried byCouncil to select date for wrap-up session the following vote: Yeas—Mayor Duggan,regarding Boards and Commissions survey, upon Council Members Kluesner, Krieg, Nagle,discussion no date set at this time. Nicholson, Robbins. Nays—None. Absent—Council Member Voetberg.RESOLUTION NO. 288-95 Whereas, applications for Beer Permits have been submitted and filed to this Council for RESOLUTION NO. 287-95 RESOLUTION APPROVING A PURCHASEapproval and the same have been examined and OF SERVICE CONTRACT BETWEEN THEapproved; and Whereas, the premises to be occupied by such CITY OF DUBUQUE AND ALTERNATIVE SERVICES, INC. AND AUTHORIZING ANDapplicants were inspected and found to comply DIRECTING THE CITY MANAGER TOwith the Ordinances of this City and have filed EXECUTE SAID AGREEMENT ONproper bonds. NOW, THEREFORE, BE IT RESOLVED BY BEHALF OF THE CITY OF DUBUQUE,IOWA THE CITY COUNCIL OF THE CITY OF Whereas, the City of Dubuque has negotiatedDUBUQUE, IOWA: with Alternative Services, Inc. to provide servicesThat the Manager be authorized to cause to be that will aid the City of Dubuque in satisfying theissued the following named applicants a Beer requirements of the Department of Housing andPermit. Urban Development's Family Self-SufficiencyCLASS "C" BEER PERMIT Program; and Mulgrew Oil Co. AMOCO Food shop Whereas, the terms and conditions under which+(Sunday Sale)1450 Loras Blvd. Alternative Services,Inc. will provide the above- 11Regular Session, August 7, 1995 Passed, approved and adopted this 7th day ofCity Manager recommending a public hearing August, 1995.be held to approve a new lease agreement with the Terrance M. Duggan, MayorTri-State Veterans' Memorial Association, Inc., Attest:presented and read. Council Member Nagle Mary A Davis, City Clerkmoved that the communication be received and Council Member Kluesner moved adoption offiled. Seconded by Council Member Nicholson. the Resolution. 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. Nays—None. Kluesner, Krieg, Nagle, Nicholson, Robbins.Absent—Council Member Voetberg. Nays—None. Absent—Council Member Voetberg. RESOLUTION NO. 290-95 RESOLUTION DECLARING CITY City Manager recommending a public hearingCOUNCIL INTENT TO LEASE A SECTION be held to approve a lease agreement withOF MARSHALL PARK TO THE TRI- Children's Storybook Zoo, Inc., for a section of STATE VETERANS' MEMORIAL Roosevelt Park, presented and read. CouncilASSOCIATION, INC., AND AUTHORIZING Member Nagle moved that the communication bePUBLIC HEARING received and filed. Seconded by Council MemberWhereas, the City of Dubuque is the owner of Robbins. Carried by the following vote:a public facility known as Marshall Park; and Yeas—Mayor Duggan, Council MembersWhereas, the City of Dubuque desires to lease Kluesner, Krieg, Nagle, Nicholson, Robbins.a section of Marshall Park to the Tri-state Nays—None. Absent—Council MemberVeterans' Memorial Association, Inc.; and Voetberg.Whereas, the lease of a section of Marshall Park to the Tri-state Veterans' Memorial RESOLUTION NO. 289-95Association, Inc., is determined to be in the public interest. RESOLUTION DECLARING CITY COUNCIL INTENT TO LEASE A SECTIONNOW, THEREFORE, BE IT RESOLVED BY OF ROOSEVELT PARK TO CHILDREN'STHE CITY COUNCIL OF THE CITY OF STORYBOOK ZOO, INC., ANDDUBUQUE, IOWA: Section 1. That it is the intent of the City AUTHORIZING PUBLIC HEARING Whereas, the City of Dubuque is the owner ofCouncil of the City of Dubuque, Iowa, to lease, a public facility known as Roosevelt Park; andafter a public hearing, to the Tri-state Veterans' Whereas, the City of Dubuque desires to leaseMemorial Association, Inc., a section of Marshall a section of Roosevelt Park to the Children'sPark, located in the City of Dubuque, for the Storybook Zoo, Inc.; andpurpose of operating a veterans' memorial. Whereas, the lease of a section of RooseveltSection 2. That the lease, attached hereto and Park to the Children's Storybook Zoo, Inc., ismade a part hereof, of such property shall be in determined to be in the public interest.consideration of the sum of $1.00 per year, for NOW, THEREFORE, BE IT RESOLVED BYtwenty years, and shall be subject to such terms THE CITY COUNCIL OF THE CITY OFand conditions as set forth in the lease. DUBUQUE, IOWA:Section 3. That the City Clerk is hereby Section 1. That it is the intent of the Citydirected to give notice in the manner required by Council of the City of Dubuque, Iowa, to lease,law of a public hearing to be held on August 21, after a public hearing, to the Children's Storybook1995, at 7:00 p.m., in the City Council Chambers, Zoo, Inc., a section of Roosevelt Park, for theCarnegie-Stout Public Library, Dubuque, Iowa, at purpose of operating a children's zoo.which time and place all interested parties will be Section 2. That the lease, attached hereto andgiven opportunity to be heard for or against the made a part hereof, of such property shall be inproposal to lease the facility herein described. consideration of the sum of $1.00 per year, for thePassed, approved and adopted this 7th day of five years, and shall be subject to such terms andAugust, 1995. conditions as set forth in the lease.Terrance M. Duggan, Mayor Section 3. That the City Clerk is herebyAttest: directed to give notice in the manner required byMary A. Davis, City Clerk law of a public hearing to be held on August 21,Council Member Nagle moved adoption of the 1995, at 7:00 p.m., in the City Council Chambers,Resolution. Seconded by Council Member Carnegie-Stout Public Library, Dubuque, Iowa, atNicholson. Carried by the following vote: which time and place all interested parties will beYeas—Mayor Duggan, Council Members given opportunity to be heard for or against theKluesner, Krieg, Nagle, Nicholson, Robbins. proposal to lease the facility herein described.Nays—None. Absent—Council Member Passed, approved and adopted this 7th day ofVoetberg. August, 1995. Terrance M. Duggan, MayorAt 8:41 p.m. Council Member Kluesner moved Attest:to go into Closed Session in accordance with Mary A. Davis, City ClerkChapter 21.5 1(J) Code of Iowa, 1995 To discuss Council Member Nagle moved adoption of thepurchase of particular real estate only where Resolution. Seconded by Council Memberpremature disclosure could be reasonably expected Robbins. Carried by the following vote:to increase the price the governmental body would Yeas—Mayor Duggan, Council Membershave to pay for that property. Seconded by Kluesner, Krieg, Nagle, Nicholson, Robbins.Council Member Nagle. Carried by the following Nays—None. Absent—Council Membervote: Yeas—Mayor Duggan, Council Members Voetberg.Kluesner, Krieg, Nagle, Nicholson, Robbins. Regular Session, August 7, 199512 Nays—None. Absent—Council Member____________________________________ Voetberg. ____________________________________ Council reconvened at 9:35 p.m. with statement that the City Manager was given direction to proceed with the acquisition of land. ____________________________________ There being no further business, Council ____________________________________ Member Nagle moved to adjourn. Seconded by Council Member Robbins. Carried by theCouncil Members following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Attest: Robbins. Nays—None. Absent—Council Member Voetberg. ____________________________________ Meeting adjourned at 9:36 p.m. City Clerk Mary A. Davis CMC City Clerk Approved ______________________, 1996. Adopted _______________________, 1996. ___________________________________ Mayor ____________________________________ ____________________________________ 1Special Session, August 11, 1995 DUBUQUE CITY COUNCIL Approved ______________________, 1996. Adopted _______________________, 1996. OFFICIAL PROCEEDINGS ____________________________________ Mayor City Council, Special Session, August 11, 1995 ____________________________________ Council met at 4:30 p.m., Conference Room "B", Second Floor, City Hall. Present: Mayor Duggan, Council Members ____________________________________ Kluesner, Krieg, Nagle, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation ____________________________________ Counsel Barry A. Lindahl. Absent: Council Member Voetberg. ____________________________________ Mayor Duggan read the call and stated this is a Special Session of the City Council called for the purpose to go into Closed Session in accordance ____________________________________ with Chapter 21.5 1(j.) Code of Iowa, 1995 "To discuss purchase of particular real estate only ____________________________________ where premature disclosure could be reasonably Council Members expected to increase the price the governmental body would have to pay for that property." Attest: At 4:35 p.m., Council Member Kluesner moved to go into Closed Session in accordance with ____________________________________ Chapter 21.5 1 (j) Code of Iowa, 1995 "To discuss City Clerk purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property." Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins. Nays—None. Absent—Council Member Voetberg. At 6:15 p.m. Council reconvened Regular Session with a statement that the City Manager was given direction. There being no further business, Council Member Nagle moved to adjourn the meeting. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins. Nays—None. Absent—Council Member Voetberg. Meeting adjourned at 6:15 p.m. Karen M. Chesterman Deputy City Clerk Regular Session, August 21, 19952 for property damage, presented and read. Council Member Voetberg moved that the claims and suits DUBUQUE be referred to Legal Staff for investigation and report. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor CITY COUNCIL Duggan, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Krieg. OFFICIAL Corporation Counsel advising trial date PROCEEDINGS regarding Dubuque Housing Initiative vs City of Dubuque has been set for 10-2-95, presented and read. Council Member Voetberg moved that the City Council, Regular Session, August 21,communication be received and filed. Seconded by Council Member Nicholson. Carried by the 1995. following vote: Yeas—Mayor Duggan, Council Council Met at 7:00 p.m., Public Library Auditorium.Members Kluesner, Nagle, Nicholson, Robbins, Present: Mayor Duggan, Council MembersVoetberg. Nays—None. Absent—Council Member Krieg. Kluesner, Nagle, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl. Absent: CouncilCorporation Counsel advising of referral of the Member Krieg.following claims to Crawford & Co., the agent for Iowa Communities Assurance Pool: Danita Hart, Mayor Duggan read the call and stated this isFrancis J. Hoey, Jeanette Jaeger, Richard A. the Regular Session of the City Council called forMeyer, Sean O. Sullivan, Joyanne M. Thurston, Cynthia I. Weber, presented and read. Council the purpose to act upon such business which may Member Voetberg moved that the communications properly come before the Council. be received and filed. Seconded by Council Invocation was given by Mr. Hugh E. Hale,Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Evangelist with the Dubuque Church of Christ. Kluesner, Nagle, Nicholson, Robbins, Voetberg. Brian Splevins, Council Officer of DurhamNays—None. Absent—Council Member Krieg. City, England, made a presentation and brought Corporation Counsel recommending settlement greetings from Durham City, England. of subrogation claim of Thomas J. Helling in the Jeff Walters introduced Larisa Ermakova fromamount of $2,000.00, presented and read. Council Member Voetberg moved that the our Sister City, Pyatigorsk, Russia who made a communication be received and filed and presentation and brought greetings from Pyatigorsk. settlement approved. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members There was a presentation of "Certificate of Kluesner, Nagle, Nicholson, Robbins, Voetberg. Achievement for Excellence in Financial Reporting" to Duane Pitcher, Finance Director ofNays—None. Absent—Council Member Krieg. the City. Corporation Counsel recommending denial of the following claims: Scott Fuller, Linda Kramer, MINUTES SUBMITTED — Airport Commission of 6-13 & 6-26; Cable TVMary Jo Jewett, Don Trumm, presented and read. Regulatory Commission of 8-2; Housing Code Council Member Voetberg moved that the communication be received and filed and approved Appeals Board of 6-20; Zoning Board of Adjustment of 7-27; Zoning Commission of 8-2,denials. Seconded by Council Member presented and read. Council Member VoetbergNicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members moved that the minutes be received and filed. Kluesner, Nagle, Nicholson, Robbins, Voetberg. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan,Nays—None. Absent—Council Member Krieg. Council Members Kluesner, Nagle, Nicholson, City Manager recommending approval of Robbins, Voetberg. Nays—None. revised final plat of Lots 1, 2, A & B, Block 11, Absent—Council Member Krieg. being a Subdivision of Block 11 of Sunny Slopes, Finance Officer submitting Financial Reportspresented and read. Council Member Nagle moved that the communication be received and for June, 1995, presented and read. Council Member Voetberg moved that the reports befiled. Seconded by Council Member Nicholson. received and filed. Seconded by Council MemberCarried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson. Carried by the following vote: Nicholson, Robbins, Voetberg. Nays—None. Yeas—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg.Absent—Council Member Krieg. Nays—None. Absent—Council Member Krieg. RESOLUTION NO. 215-95 NOTICES OF CLAIMS/SUITS — David J.A RESOLUTION APPROVING THE FINAL Gorde in amount of $214.00 for propertyPLAT OF LOTS 1, 2, A, AND B, BLOCK 11, damages; Vicky Mueller in unknown amount forBEING A SUBDIVISION OF BLOCK 11 OF vehicle damages; R. J. Realty (2 claims) in amountSUNNY SLOPE ESTATES IN THE CITY OF of $28,495.00 and $8000.00 for propertyDUBUQUE, IOWA. damages; Langer Courier in amount of $155.00 3Regular Session, August 21, 1995 Whereas, there has been filed with the Cityprovided in this Section by providing guarantees in Clerk a final plat Lots 1, 2, A, and B, Block 11,such form and with such sureties as may be being a subdivision of Block 11 of Sunny Slopeacceptable to the City Manager of the City of Estates in the City of Dubuque, Iowa; andDubuque, Iowa. Whereas, upon said final plat appear street(s) toSection 3. Sidewalk installation shall be the be known as Radford Court, together with certainresponsibility of the owner of the property abutting public utility and sanitary sewer and storm sewerthe public right-of-way, as required by City Code easements which the owners by said final plat have41-161 through 41-164. The responsibility shall dedicated to the public forever; andextend to all successors, heirs and assignees. Whereas, the preliminary plat has beenSidewalk installation will not be required until the examined by the Zoning Commission and had itsdevelopment of the lot has been completed, except approval endorsed thereon; andas required herein. In sparsely developed Whereas, said final plat has been reviewed bysubdivisions, sidewalks on developed lots will not the City Planner and had her approval endorsedbe required until 50% of the lots approved by the thereon, subject to the owners agreeing to theplat have been developed. All vacant lots shall conditions noted in Section 2 below; andhave sidewalks installed upon development of 80% Whereas, said final plat has been examined byof the lots approved by the plat. the City Council and they find that it conforms toSection 4. That storm water detention facilities the statutes and ordinances relating to it, exceptshall be a requirement of each site plan submitted that no streets or public utilities have yet beento the City for the development by the owner(s) of constructed or installed; andsaid lot(s), which responsibility for construction Whereas, the City Council concurs in theand maintenance shall be that of the owner(s) of conditions of approval established by the Zoningsaid lot(s) and extend to all successors, heirs, and Commission and the City Planner.assigns. The sizing of the detention facilities shall, NOW, THEREFORE, BE IT RESOLVED BYin addition to detaining the site water, also THE CITY COUNCIL OF THE CITY OFincorporate and detain the impervious area of the DUBUQUE, IOWA:abutting Radford Court in the following Section 1. That the dedication of Radfordproportions: Lots 1, 12% Lot 2, 15% and Lot B, Court, together with the easements for public73%. utilities, sanitary sewer, and storm sewer as theyStormwater detention facilities shall be appear upon said final plat, be and the same aredesigned by a registered civil engineer and shall be hereby accepted; anddesigned to detain the 2, 10 and 100 year storm Section 2. That the plat of Lots 1, 2, A, and B,recurrence intervals to the predeveloped condition Block 11, being a subdivision of Block 11 ofof each lot. Sunny Slope Estates, is hereby approved and theSection 5. That final acceptance of all public Mayor and City Clerk are hereby authorized andimprovements shall occur upon acceptance by the directed to endorse the approval of the City ofCity Council that public improvements have been Dubuque, Iowa, upon said final plat, provided thecompleted in accordance with the improvement owners of said property herein named, executeplans and City standard specifications. their written acceptance hereto attached agreeing:Section 6. That in the event Radford Road a.To reduce Radford Court to grade and toDevelopment shall fail to execute the acceptance construct concrete curb and gutter and to hardand furnish the guarantees provided in Section 2 surface with asphaltic concrete, or withhereof within forty-five (45) days after the date of concrete paving with integral curb, all inthis Resolution, the provisions hereof shall be null accordance with the City of Dubuque standardand void and the acceptance of the dedication and specifications, all in a manner acceptable to theapproval the plat shall not be effective. City Engineer, and in conformance withPassed, approved and adopted this 19th day of construction improvement plans approved byJune, 1995. the City Engineer, and inspected by the CityTerrance M. Duggan, Mayor, Engineer.Attest: b.To install sanitary sewer mains and sewerMary A. Davis, City Clerk service laterals into each individual lot, waterACCEPTANCE OF RESOLUTION mains and water service laterals into eachNO. 215-95 individual lot, storm sewers and catch basins,We, the undersigned, owners, representing boulevard street lighting and erosion controlRadford Road Development, having read the terms devices all in accordance with the City ofand conditions of the Resolution No. 215-95 and Dubuque standard specifications, all in abeing familiar with the conditions thereof, hereby manner acceptable to the City Engineer, and inaccept this same and agree to the conditions accordance with construction improvementrequired therein. plans approved by the City Engineer, andDated this 18th day of September, 1995. inspected by the City Engineer.By /s/ Ernie Quade, c.To construct said improvements, prior to twoRadford Road Development Co. (2) year(s) from the date of acceptance of thisBy /s/ Gene Sullivan, resolution, at the sole expense of the owners, orRadford Road Development Co. future owners;To:Mary A. Davis d.To maintain the public improvements, for aCity Clerk period of two (2) years from the date of theThis is to certify that the foregoing required acceptance of those improvements by the Citysecurity for the foregoing Resolution No. 215-95 of Dubuque, Iowa, at the sole expense of thehas been properly filed. owners, or future owners;Signed at Dubuque, Iowa this 18th day of And further provided that said Radford RoadSeptember, 1995. Development, as owners of said property, shall/s/ Gil Spence, Acting City Manager secure the performance of the foregoing conditions Regular Session, August 21, 19954 Council Member Nagle moved approval of the RESOLUTION ACCEPTING A WARRANTY Resolution. (Resolution was presented for CouncilDEED FROM ROBERT J. KEHL AND to verify proper wording of resolution; PreviouslyRUTH A. KEHL TO CERTAIN REAL approved at meeting held on June 19, 1995). ESTATE IN THE ICE HARBOR. Seconded by Council Member Nicholson. CarriedWhereas, pursuant to a Memorandum of by the following vote: Yeas—Mayor Duggan,Agreement dated July 2, 1990, between the City of Council Members Kluesner, Nagle, Nicholson,Dubuque and Roberts River Rides, Inc., Dubuque Robbins, Voetberg. Nays—None.Casino Belle, Inc., and Robert J. Kehl and Ruth A. Absent—Council Kehl, the City agreed to convey to Dubuque Member Krieg.Casino Belle, Inc., its interest in certain property located in the Ice Harbor in exchange for certain July 20, 1995property owned by Dubuque Casino Belle, Inc., Honorable Mayor andand Robert J. Kehl and Ruth A. Kehl; and Members of the City CouncilWhereas, the parties have now exchanged In accordance with the Rules and RegulationsDeeds to said property; and established by the Civil Service Commission onWhereas, there is attached hereto a Warranty May 11, 1994, we do hereby certify that theDeed to the City of Dubuque from Robert J. Kehl following have successfully passed the requiredand Ruth A. Kehl; and exams and have attained the necessary certificationWhereas, said Warranty Deed should be for the position of "Medical Officer" within theaccepted by the City of Dubuque, Fire Department.NOW, THEREFORE, BE IT RESOLVED BY Mark BurkleKevin SchmittTHE CITY COUNCIL OF THE CITY OF James CalhounRoger WernimontDUBUQUE, IOWA: Respectfully submitted,Section 1. That the Warranty Deed attached /s/ Thomas E. Rawsonhereto and recorded on July 12, 1995, as ChairpersonInstrument No. 6908-95, records of Dubuque /s/ James N. FeehanCounty, Iowa, is hereby accepted. Civil Service CommissionSection 2. That the City Clerk is hereby Council Member Nagle moved that the Civilauthorized and directed to record a copy of this Service certification be made a matter of record.Resolution and the Minutes of this meeting of the Seconded by Council Member Nicholson. City Council with the Dubuque County Recorder. Carried by the following vote: Yeas—MayorPassed, approved and adopted this 21st day of Duggan, Council Members Kluesner, Nagle,August, 1995. Nicholson, Robbins, Voetberg. Nays—None.Terrance M. Duggan, Mayor Absent—Council Member Krieg.Attest: Mary A. Davis, City Clerk REFUNDS REQUESTED— Quick CleanCouncil Member Nagle moved adoption of the Laundry $50.00 on unexpired Cigarette License,Resolution. Seconded by Council Member presented and read. Council Member NagleNicholson. Carried by the following vote: moved that the refund be approved and FinanceYeas—Mayor Duggan, Council Members Director to issue check. Seconded by CouncilKluesner, Nagle, Nicholson, Robbins, Voetberg. Member Nicholson. Carried by the followingNays—None. Absent—Council Member Krieg. vote: Yeas—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg.RESOLUTION NO. 292-95 Nays—None. Absent—Council Member Krieg. RESOLUTION ACCEPTING A WARRANTY DEED FROM THE DUBUQUE COUNTY Timothy J. Puls submitting his resignation fromHISTORICAL SOCIETY TO CERTAIN the Housing Commission effective immediately,REAL ESTATE IN THE ICE HARBOR. presented and read. Council Member NagleWhereas, pursuant to a Memorandum of moved that the communication be received andAgreement dated April 2, 1990, between the City filed and resignation accepted with regret. of Dubuque and the Dubuque County Historical Seconded by Council Member Nicholson. CarriedSociety, the City agreed to convey to the Dubuque by the following vote: Yeas—Mayor Duggan,County Historical Society its interest in certain Council Members Kluesner, Nagle, Nicholson,property located in the Ice Harbor in exchange for Robbins, Voetberg. Nays—None.certain property owned by the Dubuque County Absent—Council Member Krieg.Historical Society; and Whereas, the parties have now exchanged Corporation Counsel submitting documentsDeeds to said property; and finalizing exchange of Deed for the property in theWhereas, there is attached hereto a Warranty Ice Harbor, pursuant to the Agreements betweenDeed to the City of Dubuque from the Dubuque the City and Dubuque Casino Belle, Inc. and theCounty Historical Society; and City and the Dubuque Historical SocietyWhereas, said Warranty Deed should be requesting acceptance of the Deeds, presented andaccepted by the City of Dubuque, read. Council Member Nagle moved that theNOW, THEREFORE, BE IT RESOLVED BY communication be received and filed. SecondedTHE CITY COUNCIL OF THE CITY OF by Council Member Nicholson. Carried by theDUBUQUE, IOWA: following vote: Yeas—Mayor Duggan, CouncilSection 1. That the Warranty Deed attached Members Kluesner, Nagle, Nicholson, Robbins,hereto and recorded on July 12, 1995, as Voetberg. Nays—None. Absent—CouncilInstrument No. 6909-95, records of Dubuque Member Krieg.County, Iowa, is hereby accepted. Section 2. That the City Clerk is hereby authorized and directed to record a copy of this RESOLUTION NO. 291-95 5Regular Session, August 21, 1995 Resolution and the Minutes of this meeting of theCity Manager recommending that no comment City Council with the Dubuque County Recorder.needs to be transmitted to the IA Finance Authority Passed, approved and adopted this 21st day ofconcerning Low Income Housing Tax Credits for August, 1995.two applications, presented and read. Council Terrance M. Duggan, MayorMember Nagle moved that the communication be Attest:received and filed. Seconded by Council Member Mary A. Davis, City ClerkNicholson. Carried by the following vote: Council Member Nagle moved adoption of theYeas—Mayor Duggan, Council Members Resolution. Seconded by Council MemberKluesner, Nagle, Nicholson, Robbins, Voetberg. Nicholson. Carried by the following vote:Nays—None. Absent—Council Member Krieg. Yeas—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg.City Manager recommending execution of a Nays—None. Absent—Council Member Krieg.Community Development Block Grant Agreement for FY 1996 with the U.S. Dept. of Housing and City Manager requesting extension of conditionUrban Development in the amount of $1,472,000, of Purchase for Sixteenth and Kerper that requirespresented and read. Council Member Nagle approval by Wendy's International be extended tomoved that the communication be received and September 8th, presented and read. Councilfiled. Seconded by Council Member Nicholson. Member Nagle moved that the communication be Carried by the following vote: Yeas—Mayor received and filed and request approved. Duggan, Council Members Kluesner, Nagle, Seconded by Council Member Nicholson. CarriedNicholson, Robbins, Voetberg. Nays—None. by the following vote: Yeas—Mayor Duggan,Absent—Council Member Krieg. Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays—None.RESOLUTION NO. 294-95 Absent—Council Member Krieg.RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY Zoning Commission recommending approval of DEVELOPMENT BLOCK GRANT Final Plat of Lot 1 and 2 of Wolff Place No. 3,AGREEMENT WITH THE U.S. located at 1755 Radford Road, presented and read.DEPARTMENT OF HOUSING AND URBAN Council Member Nagle moved that theDEVELOPMENT FOR FISCAL YEAR 1996. communication be received and filed. SecondedWhereas, under provisions of Title I of Housing by Council Member Nicholson. Carried by theand Community Development Act of 1974, as following vote: Yeas—Mayor Duggan, Councilamended, the City of Dubuque prepared and Members Kluesner, Nagle, Nicholson, Robbins,submitted a Consolidated Plan for a Community Voetberg. Nays—None. Absent—CouncilDevelopment Block Grant; Member Krieg.Whereas, the submission has been approved by the U.S. Department of Housing and Urban Development in the amount of $1,472,000 for a RESOLUTION NO. 293-95 A RESOLUTION APPROVING THE PLATtwelve month program commencing July 1, 1995; OF SURVEY OF LOTS 1 AND 2 OF WOLFFand PLACE NO. 3, LOCATED AT 1755Whereas, a grant agreement covering the activities proposed to be carried out with the RADFORD ROAD, IN THE CITY OF DUBUQUE, IOWA.Community Development Block Grant funds has Whereas, there has been filed with the Citybeen tendered the City of Dubuque. Clerk a Plat of Survey of Lots 1 and 2 of WolffNOW, THEREFORE, BE IT RESOLVED BY Place No. 3, located at 1755 Radford Road, in theTHE CITY COUNCIL OF THE CITY OF City of Dubuque, Iowa; andDUBUQUE, IOWA: Whereas, the survey plat has been examined bySection 1. That the funding the Zoning Commission and had its approvalapproval/agreement, authorized by the U.S. endorsed thereon; andDepartment of Housing and Urban Development Whereas, said plat of survey has been examinedon August 7, 1995, for a Community by the City Council and they find that it conformsDevelopment Block Grant to the City of Dubuque to the statutes and ordinances relating thereto.in the amount of $1,472,000 and identified as NOW, THEREFORE, BE IT RESOLVED BYGrant Number B-95-MC-19-0004 is hereby THE CITY COUNCIL OF THE CITY OFaccepted. DUBUQUE, IOWA:Section 2. That the Mayor of the City of Section 1. That the Plat of Survey of Lots 1Dubuque be and he is hereby authorized and and 2 of Wolff Place No. 3 is hereby approved anddirected to execute said Agreement on behalf of the the Mayor and City Clerk are hereby authorizedCity of Dubuque, Iowa. and directed to endorse the approval of the City ofPassed, approved and adopted this 21st day of Dubuque, Iowa, upon said final plat.August, 1995. Passed, approved and adopted this 21st day ofTerrance M. Duggan, Mayor August, 1995.Attest: Terrance M. Duggan, MayorMary A. Davis, City Clerk Attest:Council Member Nagle moved adoption of the Mary A. Davis, City ClerkResolution. Seconded by Council Member Council Member Nagle moved adoption of theNicholson. Carried by the following vote: Resolution. Seconded by Council MemberYeas—Mayor Duggan, Council Members Nicholson. Carried by the following vote:Kluesner, Nagle, Nicholson, Robbins, Voetberg. Yeas—Mayor Duggan, Council MembersNays—None. Absent—Council Member Krieg. Kluesner, Nagle, Nicholson, Robbins, Voetberg.Council Member Nagle moved that the rules be Nays—None. Absent—Council Member Krieg.suspended to allow anyone present to address the Council. Seconded by Council Member Regular Session, August 21, 19956 Nicholson. Carried by the following vote:Council Member Nagle moved adoption of the Yeas—Mayor Duggan, Council MembersResolution. Seconded by Council Member Kluesner, Nagle, Nicholson, Robbins, Voetberg.Nicholson. Carried by the following vote: Nays—None. Absent—Council Member Krieg.Yeas—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Proof of Publication certified to by theNays—None. Absent—Council Member Krieg. Publisher on Notice of Public Hearing to dispose of property located at 745 Davis Street and CityProof of Publication certified to by the Manager recommending sale of property toPublisher on Notice of Hearing to approve lease Dubuque County Habitat for Humanity foragreement with Children's Storybook Zoo, Inc. and amount of $1.00, presented and read. CouncilCity Manager recommending approval of lease Member Nagle moved that the proof be receivedagreement with Children's Storybook Zoo, Inc. for and filed. Seconded by Council Member$1.00 per year for a period of five years, presented Nicholson. Carried by the following vote:and read. Council Member Nagle moved that the Yeas—Mayor Duggan, Council Membersproof and communication be received and filed. Kluesner, Nagle, Nicholson, Robbins, Voetberg.Seconded by Council Member Nicholson. Carried Nays—None. Absent—Council Member Krieg.by the following vote: Yeas—Mayor Duggan, Father Taggert spoke requesting the sale. Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Krieg. RESOLUTION NO. 295-95 RESOLUTION APPROVING THE DISPOSAL OF CITY-OWNED PROPERTY,RESOLUTION NO. 296-95 SPECIFICALLY, LOTS NINETY-FOURRESOLUTION APPROVING LEASE OF A (94), NINETY-FIVE (95) AND NINETY-SIXSECTION OF ROOSEVELT PARK TO THE (96) IN O’NEILL’S RIVERVIEWCHILDREN'S STORYBOOK ZOO, INC. SUBDIVISION, IN THE CITY OFWhereas, published notice of date, time, and place of a public hearing, published in the DUBUQUE, COUNTY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDEDTelegraph Herald, a newspaper of general PLAT THEREOF, ALSO KNOWN AS 745circulation published in the City of Dubuque, DAVIS STREET TO HABITAT FORIowa, on the 11th day of August, 1995, the City HUMANITY.Council of the City of Dubuque, Iowa, met on the Whereas, pursuant to a notice, duly published21st day of August, 1995, at 7:00 p.m., in the in the Telegraph Herald newspaper, the CityPublic Library auditorium, Eleventh and Locust Council of Dubuque, Iowa, met on the 21st day ofStreets, Dubuque, Iowa, to consider the lease of August, 1995, at 7:00 p.m. in the Carnegie Stout certain real property as set forth in the Lease Public Library Auditorium, 11th and Bluff Street,Agreement between the City of Dubuque and the Dubuque, Iowa, to consider the proposal to disposeChildren's Storybook Zoo, Inc., a copy of which is of City-owned real estate located at 745 Davis attached hereto and incorporated herein by Street which property is legally described asreference; and follows:Whereas, the City Council of the City of Lots Ninety-Four (94), Ninety-Five (95) andDubuque, Iowa, overruled any and all objections, Ninety-Six (96) in O’Neill’s Riverview oral or written, to the lease agreement; Subdivision in the City of Dubuque, County ofNOW THEREFORE, BE IT RESOLVED BY Dubuque, Iowa, according to the recorded platTHE CITY COUNCIL OF THE CITY OF thereof.DUBUQUE, IOWA: Whereas, such property is proposed to be sold Section 1. The Lease Agreement between the to Habitat for Humanity in consideration for OneCity of Dubuque and the Children's Storybook Dollar ($1.00); and Zoo, Inc., a copy of which is attached hereto, is Whereas, the City Council of the City of hereby approved. Dubuque, Iowa, has overruled any and allSection 2. The Mayor is authorized and objections, oral and written, to the proposal todirected to execute the Lease Agreement on behalf dispose of the interest of the City of Dubuque,of the City of Dubuque. Iowa, in the herein and above-named real estate to Passed, approved and adopted this 21st day of the above-named grantee.August, 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 disposal of the interest ofCouncil Member Nagle moved adoption of the City of Dubuque in the above-describedResolution. Seconded by Council Member property to Habitat for Humanity is herebyNicholson. Carried by the following vote: approved.Yeas—Mayor Duggan, Council Members Section 2. That the Mayor be and he is herebyKluesner, Nagle, Nicholson, Robbins, Voetberg. authorized and directed to execute a Quit ClaimNays—None. Absent—Council Member Krieg. Deed, and that the City Clerk be and she is hereby directed and authorized to deliver such Deed,Proof of Publication certified to by the conveying the above described real estate to thePublisher on Notice of Hearing to approve lease above-named grantee.agreement with Tri-State Veterans' Memorial Passed, approved and adopted this 21st day of Association, Inc. and City Manager recommending August, 1995.approval of a 20 year Lease agreement with Tri- Terrance M. Duggan, MayorState Veterans' Memorial Association, Inc., Attest:presented and read. Council Member Nagle Mary A. Davis, City Clerk moved that the proof and communication be received and filed. Seconded by Council Member 7Regular Session, August 21, 1995 Voetberg. Carried by the following vote:Bisenius and Recker. Council Member Voetberg Yeas—Mayor Duggan, Council Membersvoted for Giesen, Clark and Kellogg. Therefore, Kluesner, Nagle, Nicholson, Robbins, Voetberg.Jim Stock was reappointed and Bea Bisenius and Nays—None. Absent—Council Member Krieg.Kevin Recker appointed to the Housing Commission to three year terms which will expire RESOLUTION NO. 297-958-17-98. RESOLUTION APPROVING LEASE OF AVote on the unexpired term which will expire 8- 17-97: Mayor Duggan voted for Kellogg. SECTION OF MARSHALL PARK TO THE Council Member Kluesner voted for Giesen. TRI-STATE VETERANS' MEMORIAL ASSOCIATION, INC.Council Member Krieg was absent. Council Whereas, published notice of date, time, andMember Nagle voted for Giesen. Council place of a public hearing, published in theMember Nicholson voted for Bisenius. Council Telegraph Herald, a newspaper of generalMember Robbins voted for Giesen. Council circulation published in the City of Dubuque,Member Voetberg voted for Giesen. Therefore Iowa, on the 11th day of August, 1995, the CityJames Giesen reappointed to an unexpired term on the Housing Commission which will expire 8-17- Council of the City of Dubuque, Iowa, met on the 21st day of August, 1995, at 7:00 p.m., in the97. Public Library auditorium, Eleventh and Locust Streets, Dubuque, Iowa, to consider the lease ofCity Manager recommending awarding of $100,000.00 in CDBG Trust Funds to the certain real property as set forth in the Lease Agreement between the City of Dubuque and theDubuque Rescue Mission, (Tabled from meeting Tri-state Veterans' Memorial Association, Inc., aof 8-7-95), presented and read. Council Member copy of which is attached hereto and incorporatedVoetberg moved that the communication be herein by reference; andremoved from the table. Seconded by Council Whereas, the City Council of the City ofMember Nicholson. Carried by the following Dubuque, Iowa, overruled any and all objections,vote: Yeas—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. oral or written, to the lease agreement; NOW THEREFORE, BE IT RESOLVED BYNays—None. Absent—Council Member Krieg. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:Council Member Voetberg further moved approving the awarding of the CDBG funds. Section 1. The Lease Agreement between the City of Dubuque and the Tri-state Veterans'Seconded by Council Member Nicholson. Carried Memorial Association, Inc., a copy of which isby the following vote: Yeas—Mayor Duggan, attached hereto, is hereby approved.Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Section 2. The Mayor is authorized and directed to execute the Lease Agreement on behalfAbsent—Council Member Krieg. of the City of Dubuque. City Manager recommending approval of the Passed, approved and adopted this 21st day of August, 1995.second year grant application for the Iowa Juvenile Terrance M. Duggan, MayorCrime Prevention Community Grant Program in Attest:the amount of $38,995. which will again fund Operation: New View's Leaning Tree Program and Mary A. Davis, City Clerk Council Member Nagle moved adoption of thea new recreation program by the Northend Resolution. Seconded by Council MemberNeighborhood Council, presented and read. Voetberg. Carried by the following vote:Council Member Kluesner moved that the communication be received and filed and approved Yeas—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg.recommendation. Seconded by Council Member Nays—None. Absent—Council Member Krieg.Voetberg. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Krieg. BOARDS AND COMMISSIONS Corporation Counsel resubmitting the taxicab ordinance regarding insurance requirements, presented and read. Council Member Nicholson HOUSING COMMISSION moved that this matter be removed from the table. Three 3-Year terms which will expire 8-18-98 (terms of Clark, Giesen & Stock); One UnexpiredSeconded by Council Member Robbins. Carried term which will expire 9-17-97 (term of Puls). by the following vote: Yeas—Mayor Duggan, Applicants: Bea Bisenius, Ruth Ada Clark, JamesCouncil Members Kluesner, Nagle, Nicholson, E. Giesen, Jim Holz, Denette M. Kellogg, Tim L.Robbins, Voetberg. Nays—None. Patterson, Kevin Recker, Jim Stock.Absent—Council Member Krieg. Ruth Clark, Kevin Recker, Jim Holz, Jim An Ordinance Amending City Code of Giesen, and Denette Kellogg all spoke requesting appointment to the Housing Commission.Ordinances by adopting in lieu thereof a new Vote on the three year terms was as follows:Section 46-34 providing for insurance Mayor Duggan voted for Stock, Bisenius, Recker.requirements for the issuance of a "Taxicab Operator's Permit", said Ordinance presented and Council Member Kluesner voted for Giesen, Stock and Clark. Council Member Krieg wasread and then tabled from meeting of 7-17-95, absent. Council Member Nagle voted for Stock,presented for further action. Bisenius, and Recker. Council Member Nicholson voted for Giesen, Bisenius and Recker.(OFFICIAL PUBLICATION) Council Member Robbins voted for Stock,ORDINANCE NO. 50-95 Regular Session, August 21, 19958 Voetberg. Nays—None. Absent—Council AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BYMember Krieg. REPEALING SECTION 46-34 PROVIDING FOR INSURANCE REQUIREMENTS FORCity Manager recommending approval of the City to use a self-insurance mechanism to establish THE ISSUANCE OF A TAXICAB OPERATOR'S PERMIT AND ADOPTINGfinancial responsibility for its nine Underground IN LIEU THEREOF A NEW SECTION 46-34Fuel Storage Tanks (UST), presented and read. Council Member Robbins moved that the PROVIDING FOR INSURANCE communication be received and filed and approved REQUIREMENTS FOR THE ISSUANCE OF A TAXICAB OPERATOR'S PERMIT. recommendation. Seconded by Council Member NOW, THEREFORE, BE IT ORDAINED BYNagle. Carried by the following vote: THE CITY COUNCIL OF THE CITY OFYeas—Mayor Duggan, Council Members DUBUQUE, IOWA:Kluesner, Nagle, Nicholson, Robbins, Voetberg. Section 1. Section 46-34 of the City ofNays—None. Absent—Council Member Krieg. Dubuque Code of Ordinances is hereby repealed and the following new Section 46-34 is herebyCity Manager recommending approval of adopted in lieu thereof:Dubuque Soccer Alliance request to remove 4000 Section 46-34. Insurance Prerequisite toC.Y. of dirt from the NW Arterial adjacent to the Issuance, Continuance in Effect.Soccer complex that is not needed for roadway, (a)As a condition to granting and maintainingpresented and read. Council Member Robbins the taxicab operator permit required under thismoved that the communication be received and division, the person seeking such permit shall filefiled and approved recommendation. Seconded by in the office of the City Clerk, prior to the effectiveCouncil Member Nagle. Carried by the following date of such permit, a certificate of insurance forvote: Yeas—Mayor Duggan, Council Members an insurance policy or policies issued by aKluesner, Nagle, Nicholson, Robbins, Voetberg. company authorized to do business in the state ofNays—None. Absent—Council Member Krieg. Iowa and which has received a rating of A or better in the current Best's Rating Guide, in a form to beCity Manager recommending approval of approved by the Corporation Counsel, providingapplication for a Resource Enhancement and for the following:Protection (REAP) Grant for a Bike/Hike path on (1)Commercial motor vehicle liabilityan extension of Heritage Trail, presented and read. coverage for bodily injury and property Council Member Voetberg moved that the damage in an amount not less than $communication be received and filed. Seconded 500,000.by Council Member Nagle. Carried by the (2)Underinsured and uninsured motoristsfollowing vote: Yeas—Mayor Duggan, Council coverage in an amount not less thanMembers Kluesner, Nagle, Nicholson, Robbins, $100,000.Voetberg. Nays—None. Absent—Council (3)Workers' compensation coverage asMember Krieg. required by law. (b)Each policy required by this Section shallRESOLUTION NO. 298-95 contain an endorsement providing for not less thanRESOLUTION AUTHORIZING 30 days' notice to the City of any material change APPLICATION FOR REAP FUNDS FOR A or cancellation of the policy prior to any suchBIKE/HIKE PATH FROM 32ND STREET change or cancellation.TO 22ND STREET ALONG ABANDONED (c)The failure of any permit holder to RAILROAD RIGHT-OF-WAY. maintain such policy or policies in full force andWhereas, the Iowa Department of Natural effect throughout the life of the permit shall beResources has REAP Funds available to acquire grounds for revocation by the City Manager andand develop city parks and open space projects; upon such revocation, such permit holder shalland; and cease business as a taxicab operator unless andWhereas, the City of Dubuque has an adopted until the permit is reissued by the City Council.Riverfront Plan that places a high priority on Passed, approved and adopted this 21st day ofbike/hike trails; and August, 1995.Whereas, the City of Dubuque recognizes the Terrance M. Duggan, Mayorrecreational potential of the bike/hike link from Attest:32nd Street to 22nd Street. Mary A. Davis, City ClerkNOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Published officially in the Telegraph Herald this 28th day of August, 1995. DUBUQUE, IOWA: 1t 8/28Mary A. Davis CMC, City ClerkSection 1. That the Planning Services Manager Council Member Voetberg moved to amend theis hereby authorized to submit this application for proposed Ordinance by changing insurance$159,920 in REAP Funds to the Iowa Department requirements from $1,000,000 to $500,000. of Natural Resources. Seconded by Council Member Nicholson. CarriedPassed, approved and adopted this 21st day of August, 1995. by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson,Terrance M. Duggan, Mayor Robbins, Voetberg. Nays—None.Attest: Absent—Council Member Krieg. CouncilMary A. Davis, City Clerk Council Member Voetberg moved adoption of Member Voetberg moved final consideration and passage of the Ordinance, as amended. Secondedthe Resolution. Seconded by Council Member by Council Member Nicholson. Carried by theNagle. Carried by the following vote: following vote: Yeas—Mayor Duggan, CouncilYeas—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Members Kluesner, Nagle, Nicholson, Robbins, Nays—None. Absent—Council Member Krieg. 9Regular Session, August 21, 1995 Proof of publication certified to by the AN ORDINANCE AMENDING THE CODE Publisher of Notice to Bidders for the ConstructionOF ORDINANCES OF THE CITY OF of Olympic Heights Road Sanitary Sewer andDUBUQUE, IOWA, BY MODIFYING Water Main Extension and City ManagerSUBSECTION (b) OF SECTION 32-216 recommending to award contract for project, THEREOF PROVIDING FOR THE presented and read. Council Member NagleADDITION OF YIELD SIGNS AT THE moved that the proof and communication beINTERSECTION OF QUEEN STREET AND received and filed. Seconded by Council Member REGENT STREET Nicholson. Carried by the following vote:NOW, THEREFORE, BE IT ORDAINED BY Yeas—Mayor Duggan, Council MembersTHE CITY COUNCIL OF THE CITY OF Kluesner, Nagle, Nicholson, Robbins, Voetberg.DUBUQUE, IOWA: Nays—None. Absent—Council Member Krieg.Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding RESOLUTION NO. 299-95Queen Street to Subsection (b) of Section 32-216 AWARDING CONTRACTthereof as follows: Whereas, sealed proposals have been submitted"Sec. 32-216. Yield Intersections. by contractors for the Olympic Heights Road(b) Sanitary Sewer and Watermain Extension pursuant* * * * to Resolution No. 201-95 and notice to bidders(1) Northbound Vehicles published in a newspaper published in the City ofQueen Street and Regent Street Dubuque, Iowa on the 10th day of August, 1995.(2) Southbound Vehicles Whereas, said sealed proposals were openedQueen Street and Regent Street and read on the 15th day of August, 1995 and itPassed, approved and adopted this 21st day of has been determined that the bid of TschiggfrieAugust, 1995. Excavating of Dubuque, Iowa in the amount ofTerrance M. Duggan, Mayor $471,858.89 was the lowest bid for the furnishingsAttest: of all labor and materials and performing the workMary A. Davis, City Clerk as provided for in the plans and specifications.Published officially in the Telegraph Herald NOW THEREFORE, BE IT RESOLVED BYthis 28th day of August, 1995. THE CITY COUNCIL OF THE CITY OF1t 8/28Mary A. Davis CMC, City Clerk DUBUQUE, IOWA: Council Member Kluesner moved that the That the contract for the above improvement berequirement that a proposed Ordinance be awarded to Tschiggfrie Excavating and theconsidered and voted on for passage at two Manager be and is hereby directed to execute aCouncil Meetings prior to the meeting at which it contract on behalf of the City of Dubuque for the is to be finally passed be suspended. Seconded by complete performance of the work.Council Member Nagle. Carried by the following BE IT FURTHER RESOLVED:vote: Yeas—Mayor Duggan, Council Members That upon the signing of said contract and the Kluesner, Nagle, Nicholson, Robbins, Voetberg. approval of the contractor's bond, the CityNays—None. Absent—Council Member Krieg. Treasurer is authorized and instructed to return the Council Member Kluesner moved final bid deposits of the unsuccessful bidders.consideration and passage of the Ordinance. Passed, approved and adopted this 21st day of Seconded by Council Member Nagle. Carried by August, 1995.the following vote: Yeas—Mayor Duggan, Terrance M. Duggan, MayorCouncil Members Kluesner, Nagle, Nicholson, Attest:Robbins, Voetberg. Nays—None. Mary A. Davis, City Clerk Absent—Council Member Krieg. Council Member Nagle moved adoption of the Resolution. Seconded by Council MemberCity Manager recommending approval of the Nicholson. Carried by the following vote: Dubuque Racing Association Request for Yeas—Mayor Duggan, Council MembersAssignment of Lease Agreement to expedite Kluesner, Nagle, Nicholson, Robbins, Voetberg.installation of slot machines at the Dog Track, Nays—None. Absent—Council Member Krieg.presented and read. Council Member Voetberg moved that the communication be received and City Manager recommending installation offiled. Seconded by Council Member Nagle. Yield Signs on Queen St. for northbound andCarried by the following vote: Yeas—Mayor southbound vehicles at its intersection with RegentDuggan, Council Members Kluesner, Nagle, St., presented and read. Council Member Nicholson, Robbins, Voetberg. Nays—None. Kluesner moved that the communication beAbsent—Council Member Krieg. received and filed. Seconded by Council Member Nagle. Carried by the following vote: RESOLUTION NO. 300-95 Yeas—Mayor Duggan, Council MembersRESOLUTION APPROVING AN Kluesner, Nagle, Nicholson, Robbins, Voetberg.ASSIGNMENT OF LEASE AGREEMENT Nays—None. Absent—Council Member Krieg. AMONG THE DUBUQUE RACING ASSOCIATION, CITY OF DUBUQUE, AND An Ordinance Amending Code of OrdinancesAMERICAN TRUST AND SAVINGS BANK by modifying Subsection (b) of Section 32-216AND AUTHORIZING THE MAYOR TO thereof providing for the addition of Yield Signs at EXECUTE SAID AGREEMENT ON the Intersection of Queen Street and Regent Street, BEHALF OF THE CITY OF DUBUQUE presented and read. Whereas, the Dubuque Racing Association (DRA), in accordance with its lease agreement with the City of Dubuque, Iowa (CITY) has (OFFICIAL PUBLICATION) ORDINANCE NO. 51-95requested that the CITY consent to the borrowing of funds from American Trust and Savings Bank Regular Session, August 21, 199510 (BANK) to purchase casino gaming equipment;Tri-State Golf CenterTri-State Golf and Whereas, the BANK has required as a+(Sunday Sale+Outdoor Serv.) precondition of this borrowing that the CITY1095 Cedar Cross Rd consent to the subordination of profit sharingCLASS "C" BEER PERMIT revenues until the BANK's loan is repaid; andOky Doky # 21Oky Doky # 21 Whereas, the BANK has presented for CITY+(Sunday Sales)2010 Kerper Blvd. approval an Assignment of Lease Agreement aRainbo Oil Com.Kwik Stop Food Mart copy of which is attached hereto and made a part+(Sunday Sales)2255 Kerper Blvd hereof; andCLASS "BE" BEER PERMIT Whereas, the City Council of CITY finds thatTFM Co.Oky Doky # 1 the proposed borrowing is in the public interest. +(Sunday Sales)250 W. 1st St NOW, THEREFORE, BE IT RESOLVED BYSids Beverage Store Inc.Sids Beverage Store THE CITY COUNCIL OF THE CITY OF+(Sunday Sales)2727 Dodge St. DUBUQUE, IOWA:CLASS "B" BEER PERMIT Section 1. That the Assignment of Lease(SPECIAL EVENT) Agreement among the Dubuque Racing(5-Day Permit) Association, City of Dubuque and American TrustDonna GinterRiverfest and Savings Bank is hereby approved.+(Sunday Sales & Outdoor Serv) Section 2. That the Mayor of the City ofTown Clock Plaza Dubuque be and he is hereby authorized andPassed, approved and adopted this 21st day of directed to execute said Agreement on behalf of theAugust,1995 City of Dubuque, Iowa.Terrance M. Duggan, Mayor Passed, approved and adopted this 21st day ofAttest: August, 1995.Mary A Davis, City Clerk Terrance M. Duggan, MayorCouncil Member Kluesner moved adoption of Attest:the Resolution. Seconded by Council Member Mary A. Davis, City ClerkNicholson. Carried by the following vote: Council Member Voetberg moved adoption ofYeas—Mayor Duggan, Council Members the Resolution. Seconded by Council MemberKluesner, Nagle, Nicholson, Robbins, Voetberg. Nagle. Carried by the following vote:Nays—None. Absent—Council Member Krieg. Yeas—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg.RESOLUTION NO. 303-95 Nays—None. Absent—Council Member Krieg.Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and RESOLUTION NO. 301-95 NOW, THEREFORE, BE IT RESOLVED BYapproved; and THE CITY COUNCIL OF THE CITY OFWhereas, the premises to be occupied by such DUBUQUE, IOWA:applicants were inspected and found to That the following having complied with thecomply with the State Laws and all City provisions of law relating to the saleOrdinances relevant thereto and they have filed of Cigarettes within the City of Dubuque, Iowa, beproper bonds. granted a permit to sell Cigarettes and CigaretteNOW, THEREFORE, BE IT RESOLVED BY Papers within said City.THE CITY COUNCIL OF THE CITY OF Fischer Bowling LanesPlastic Center Inc.DUBUQUE, IOWA: 880 Locust StThat the Manager be authorized to cause to be Passed, approved and adopted this 21st day ofissued the following named applicants August, 1995.a Liquor License. Terrance M. Duggan, MayorCLASS "C" (COMMERCIAL) Attest:BEER & LIQUOR LICENSE Mary A. Davis, City ClerkDavid EricksonLucky 13 Tap Council Member Kluesner moved adoption of+(Sunday Sales)385 E. 13th St the Resolution. Seconded by Council MemberPassed, approved and adopted this 21st day of Nicholson. Carried by the following vote:August, 1995 Yeas—Mayor Duggan, Council MembersTerrance M. Duggan, Mayor Kluesner, Nagle, Nicholson, Robbins, Voetberg.Attest: Nays—None. Absent—Council Member Krieg.Mary A. Davis, City Clerk Council Member Kluesner moved adoption of RESOLUTION NO. 302-95the Resolution. Seconded by Council Member Whereas, applications for Beer Permits haveNicholson. Carried by the following vote: been submitted and filed to this Council forYeas—Mayor Duggan, Council Members approval and the same have been examined andKluesner, Nagle, Nicholson, Robbins, Voetberg. approved; and Nays—None. Absent—Council Member Krieg. Whereas, the premises to be occupied by such applicants were inspected and found to complyDonna Ginter requesting transfer of Beer with the Ordinances of this City and have filedPermit from West Dubuque Tap to Ecumenical proper bonds.Tower Parking Lot on September 9th & 10th, NOW, THEREFORE, BE IT RESOLVED BYpresented and read. Council Member Kluesner THE CITY COUNCIL OF THE CITY OFmoved that the transfer be approved. Seconded by DUBUQUE, IOWA:Council Member Nicholson. Carried by the That the Manager be authorized to cause to befollowing vote: Yeas—Mayor Duggan, Council issued the following named applicants a BeerMembers Kluesner, Nagle, Nicholson, Robbins, Permit.Voetberg. Nays—None. Absent—Council CLASS "B" BEER PERMITMember Krieg. 11Regular Session, August 21, 1995 Zoning Commission advising of their denial toAG Agricultural District to C-3 General rezone property behind Tri-State Golf from AG toCommercial District, presented and read. Council C-3 District (Floyd Kunkel's request), andMember Voetberg moved that a Public Hearing be Communication of Attorney Wm. Conzett forheld on the proposed Ordinance on the 5th day of Floyd Kunkel requesting that this rezoning be setSeptember, 1995, at 7:00 o'clock p.m. at the for public hearing, presented and read. CouncilPublic Library Auditorium and that the City Clerk Member Kluesner moved that the communicationsbe directed to publish notice in the manner be received and filed. Seconded by Councilprescribed by law. Seconded by Council Member Member Nicholson. Carried by the followingNagle. Carried by the following vote: vote: Yeas—Mayor Duggan, Council MembersYeas—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg.Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Krieg.Nays—None. Absent—Council Member Krieg.. An Ordinance Amending Zoning Map byZoning Commission advising of their approval reclassifying property at 1095 Cedar Cross Roadof University of Dubuque Conceptual known as Lot 3 J. George Subdivision exceptDevelopment Plan and rezoning of property from Northeasterly 391 feet from AG AgriculturalID to PC District with conditions (Dial Realty District to C-3 General Commercial District,Corporation's request), presented and read. presented and read. Council Member KluesnerCouncil Member Voetberg moved that the moved that a Public Hearing be held on thecommunication be received and filed. Seconded proposed Ordinance on the 5th day of September,by Council Member Nicholson. Carried by the 1995, at 7:00 o'clock p.m. at the Public Libraryfollowing vote: Yeas—Mayor Duggan, Council Auditorium and that the City Clerk be directed toMembers Kluesner, Nagle, Nicholson, Robbins, publish notice in the manner prescribed by law. Voetberg. Nays—None. Absent—Council Seconded by Council Member Nicholson. Member Krieg. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Nagle,An Ordinance Amending Zoning Map by Nicholson, Robbins, Voetberg. Nays—None.reclassifying property North of Dodge Street Absent—Council Member Krieg.(Highway 20) between Devon Drive and Collins Street from ID Institutional District to PUD Zoning Commission advising of the approval toPlanned Unit Development District with a PC reclassify property located at Northwest corner ofPlanned Commercial Designation and Adopting a E. 16th Street and Kerper Blvd. from MHI to C-3Conceptual Development Plan, with conditions, District (City of Dubuque's request), presented andpresented and read. Council Member Voetberg read. Council Member Voetberg moved that themoved that a Public Hearing be held on the communication be received and filed. Secondedproposed Ordinance on the 5th day of September, by Council Member Nagle. Carried by the1995, at 7:00 o'clock p.m. at the Public Library following vote: Yeas—Mayor Duggan, CouncilAuditorium and that the City Clerk be directed to Members Kluesner, Nagle, Nicholson, Robbins,publish notice in the manner prescribed by law. Voetberg. Nays—None. Absent—CouncilSeconded by Council Member Nicholson. Carried Member Krieg.by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, An Ordinance Amending Zoning Map byRobbins, Voetberg. Nays—None. reclassifying property at northwest corner of E.Absent—Council Member Krieg. 16th St. and Kerper Boulevard from MHI Modified Heavy Industrial District to C-3 GeneralCity Manager recommending a public hearing Commercial District, presented and read. Councilbe scheduled for 10/2/95 to consider the Member Voetberg moved that a Public Hearing beestablishment of an Upper Main Urban held on the proposed Ordinance on the 5th day ofRevitalization District, presented and read. September, 1995, at 7:00 o'clock p.m. at theCouncil Member Voetberg moved that the Public Library Auditorium and that the City Clerkcommunication be received and filed. Seconded be directed to publish notice in the mannerby Council Member Nagle. Carried by the prescribed by law. Seconded by Council Memberfollowing vote: Yeas—Mayor Duggan, Council Nagle. Carried by the following vote:Members Kluesner, Nagle, Nicholson, Robbins, Yeas—Mayor Duggan, Council MembersVoetberg. Nays—None. Absent—Council Kluesner, Nagle, Nicholson, Robbins, Voetberg.Member Krieg. Nays—None. Absent—Council Member Krieg. RESOLUTION NO. 304-95 Zoning Commission advising of their approvalRESOLUTION FINDING THAT THE to reclassify property at NW corner of JFK Road DESIGNATION OF AN UPPER MAIN and the Northwest Arterial from AG to C-3URBAN REVITALIZATION AREA PLAN IS District (John Kivlahan's request), presented andNECESSARY IN THE INTEREST OF THE read. Council Member Voetberg moved that thePUBLIC HEALTH, SAFETY AND communication be received and filed. Seconded WELFARE OF THE RESIDENTS OF THE by Council Member Nagle. Carried by theCITY OF DUBUQUE, IOWA, AND following vote: Yeas—Mayor Duggan, CouncilPROVIDING FOR A PUBLIC HEARING Members Kluesner, Nagle, Nicholson, Robbins,THEREON. Voetberg. Nays—None. Absent—CouncilWhereas, the City Council finds that properties Member Krieg.in this area, by reason of deterioration and unsafe site conditions, substantially impair the sound An Ordinance Amending Zoning Map bygrowth of the City, retard the provision of housing reclassifying property at Northwest corner of Johnaccommodations and constitute a social and F. Kennedy Road and the Northwest Arterial from Regular Session, August 21, 199512 economic liability to the public health, safety andVoetberg. Nays—None. Absent—Council welfare, in their present condition and use; andMember Krieg. Whereas, the State Urban Revitalization Act requires that before an area is designated as anRESOLUTION NO. 305-95 Urban Revitalization Area, the City Council must PRELIMINARY APPROVAL OF adopt a resolution finding that rehabilitation,PLANS AND SPECIFICATIONS conservation, or redevelopment of the area isNOW THEREFORE, BE IT RESOLVED BY necessary in the interest of the public health, safetyTHE CITY COUNCIL OF THE CITY OF and welfare; andDUBUQUE, IOWA: Whereas, the boundaries of the proposed areaThat the proposed plans, specifications, form of are as follows:contract and estimated cost for the Julien Dubuque Beginning at the alley between Locust and MainDrive Sanitary Sewer Extension, in the estimated on 10th Street and extending north along thisamount of $131,490.05 are hereby approved and alleyway to 13th Street, east along 13th Street toordered filed in the office of the City Clerk for Main Street, north on Main Street to 14th Street,public inspection. east on 14th Street to Iowa Street, south on IowaPassed, adopted and approved this 21st day of Street to 13th Street, east on 13th Street to CentralJanuary, 1995. Avenue, south on Central Avenue to 11th Street,Terrance M. Duggan, Mayor west on 11th Street to the alleyway between IowaAttest: Street and Main Street, south along this alleywayMary A. Davis, City Clerk to 10th Street, west on 10th Street to the point ofCouncil Member Voetberg moved adoption of origination.the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Whereas, Chapter 404 of the Code of Iowa, 1995, provides that a public hearing shall be heldYeas—Mayor Duggan, Council Members on the proposed designation of a RevitalizationKluesner, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Krieg. Area Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFRESOLUTION NO. 306-95 DUBUQUE, IOWA:FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Section 1. That the rehabilitation, Whereas, the City Council of the City of conservation, redevelopment or combination thereof of the proposed revitalization area is herebyDubuque, Iowa has given its preliminary approval found to be necessary in the interest of publicon the proposed plans, specifications, and form of contract and placed same on file in the office of the health, safety or welfare of the residents of the City Clerk for public inspection of the Julien City. Section 2. That the Upper Main UrbanDubuque Drive Sanitary Sewer Extension. NOW THEREFORE, BE IT RESOLVED BY Revitalization Area, as proposed, substantially THE CITY COUNCIL OF THE CITY OF meets the eligibility criteria of Chapter 404, Section 404.1 of the Code of Iowa, 1995.DUBUQUE, IOWA: That on the 18th day of September, 1995, a Section 3. That a public hearing shall be set to public hearing will be held at 7:00 p.m. in the review the proposed plan on October 2, 1995. Public Library Auditorium at which time Section 4. That notice of the public hearing shall be given according to the requirements ofinterested persons may appear and be heard for or against the proposed plans and specifications, form Chapter 404 of the Code of Iowa, 1995. of contract and cost of said improvement, and the Section 5. That following said public hearing, City Clerk be and is hereby directed to cause a the proposed plan may be adopted, amended, notice of time and place of such hearing to be referred to a second hearing, or rejected by the City published in a newspaper having general Council, as provided for by Chapter 404 of the circulation in the City of Dubuque, Iowa, which Code of Iowa, 1995. notice shall be not less than four days nor more Passed, approved and adopted this 21st day of than twenty days prior to the day fixed for its August, 1995. consideration. At the hearing, any interested Terrance M. Duggan, Mayor person may appear and file objections to the Attest: proposed plans, specifications, contract, or Mary A. Davis, City Clerk estimated cost of the improvement. Council Member Voetberg moved adoption of Passed, adopted and approved this 21st day of the Resolution and providing for a Public Hearing August, 1995. thereon on 10/2/95 at 7:00 p.m. in the Public Terrance M. Duggan, Mayor Library Auditorium and that the City Clerk Attest: publish notice in the manner prescribed by law. Mary A. Davis, City Clerk Seconded by Council Member Nagle. Carried by Council Member Voetberg moved adoption of the following vote: Yeas—Mayor Duggan, the Resolution. Seconded by Council Member Council Members Kluesner, Nagle, Nicholson, Nagle. Carried by the following vote: Robbins, Voetberg. Nays—None. Yeas—Mayor Duggan, Council Members Absent—Council Member Krieg. Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Krieg. City Manager submitting documents providing for the bidding procedure for the Julien Dubuque RESOLUTION NO. 307-95 Drive Sanitary Sewer Extension, presented and RESOLUTION OF NECESSITY read. Council Member Voetberg moved that the Whereas, proposed plans have been duly communication be received and filed. Seconded prepared and approved by the City Council of the by Council Member Nagle. Carried by the City of Dubuque and are now on file in the office following vote: Yeas—Mayor Duggan, Council of City Clerk showing among other things the Members Kluesner, Nagle, Nicholson, Robbins, 13Regular Session, August 21, 1995 plans, specifications, form of contract, estimatedor against the making of the improvement, the cost and preliminary plat and schedule showing theboundaries of the district, the cost, the assessment amount proposed to be assessed against each lotagainst any lot, or the final adoption of a resolution and the valuation of each lot as filed by the Cityof necessity and the City Clerk be and is hereby Council, for the Julien Dubuque Drive Sanitaryauthorized and directed to cause a notice of time Sewer Extension.and place of such hearing to be published in a NOW THEREFORE, BE IT RESOLVED BYnewspaper having general circulation in the City of THE CITY COUNCIL OF THE CITY OFDubuque, Iowa, which notice shall be published DUBUQUE, IOWA:once each week for two consecutive weeks, the That the City Council deems it advisable andfirst publication of which shall be not less than ten necessary for the public welfare to make the hereindays prior to the day fixed for its consideration. mentioned improvements, and unless propertyUnless property owners at the time of the final owners at the time of the final consideration of thisconsideration of this proposed resolution have on proposed resolution have on file with the Cityfile with the City Clerk objections to the Clerk objections to the resolution of necessity, theyResolution of Necessity they shall be deemed to shall be deemed to have waived all objectionshave waived all objections thereto. pertaining to the regularity of the proceeding andPassed, adopted and approved this 21st day of the legality of using the special assessmentAugust, 1995. procedure.Terrance M. Duggan, Mayor Said improvements shall be constructed andAttest: done in accordance with the plans andMary A. Davis, City Clerk specifications which have been approved by theCouncil Member Voetberg moved adoption of City Council and now on file with the City Clerk.the Resolution. Seconded by Council Member That the cost and expense of making suchNagle. Carried by the following vote: improvement will be assessed partially or totallyYeas—Mayor Duggan, Council Members against privately owned property lying with theKluesner, Nagle, Nicholson, Robbins, Voetberg. assessment limits, and in an amount not to exceedNays—None. Absent—Council Member Krieg. that provided by law, and in proportion to the special benefits conferred.RESOLUTION NO. 309-95 The portion of the cost which shall be borne byRESOLUTION APPROVING the City will be paid from the Sanitary Sewer PRELIMINARY SCHEDULE OF Construction Fund and special assessment bondsASSESSMENTS may be issued in anticipation of deferred paymentsNOW THEREFORE, BE IT RESOLVED BY of assessments when a contract has been performedTHE CITY COUNCIL OF THE CITY OF and accepted, and the proceeds thereof used to payDUBUQUE, IOWA: the contractor.That the attached sheets, 1 to 1 inclusive, are The above resolution was introduced, approvedhereby determined to be the schedule of proposed and ordered placed on file with the City Clerk thisassessments for the Julien Dubuque Drive Sanitary 21st day of August, 1995.Sewer Extension and the valuations set out herein Approved and placed on file for final action.are hereby approved. Terrance M. Duggan, MayorPassed, approved and adopted this 21st day of Attest:August, 1995. Mary A. Davis, City ClerkTerrance M. Duggan, Mayor Council Member Voetberg moved adoption ofAttest: the Resolution. Seconded by Council MemberMary A. Davis, City Clerk Nagle. Carried by the following vote:Council Member Voetberg moved adoption of Yeas—Mayor Duggan, Council Membersthe Resolution. Seconded by Council Member Kluesner, Nagle, Nicholson, Robbins, Voetberg.Nagle. Carried by the following vote: Nays—None. Absent—Council Member Krieg.Yeas—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. RESOLUTION NO. 308-95Nays—None. Absent—Council Member Krieg. FIXING DATE OF HEARING ON There being no further business, Council RESOLUTION OF NECESSITY Whereas, the City Council of the City ofMember Voetberg moved to adjourn the meeting. Dubuque, Iowa, has given its preliminary approval Seconded by Council Member Robbins. Carried on the proposed plans, specifications and form ofby the following vote: Yeas—Mayor Duggan, contract and placed same on file in the office of theCouncil Members Kluesner, Nagle, Nicholson, City Clerk for public inspection, for the JulienRobbins, Voetberg. Nays—None. Dubuque Drive Sanitary Sewer Extension, and,Absent—Council Member Krieg. Meeting Whereas, the proposed Resolution of Necessityadjourned at 7:51. for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:Mary A. Davis CMC That on the 18th day of September, 1995, aCity Clerk public hearing will be held at 7:00 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property Approved ______________________, 1996. subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard forAdopted _______________________, 1996. Regular Session, August 21, 199514 ____________________________________ Mayor ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ Council Members Attest: ____________________________________ City Clerk