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1996 March Council ProceedingsRegular Session, March 4, 1996 NOTICES OF CLAIMS/SUITS — Tommy DUBUQUE Lee & Jean Ann Boots vs. City et al for personal injuries; Mary Ann Weber in amount of $245.57 for vehicle damages; Ralph CITY COUNCIL Weinbender in amount of $657.55 for property damages; Brandie Jo Wells in amount of $450,000. for violation of Civil Rights by Police OFFICIAL Department; Susan Wells in amount of PROCEEDINGS $100,00 for violation of Civil Rights by Police Department, presented and read. Council Member Voetberg moved that the claims and City Council, Regular Session, Monday suits be referred to the Legal Staff for March 4, 1996. investigation and report. Seconded by Council Met at 7:00 p.m., Public Library Council Member Nicholson. Carried by the Auditorium. following vote: Yeas—Mayor Duggan, Council Present: Mayor Duggan, Council Members Members Buol, Krieg, Michalski, Nicholson, Buol, Krieg, Michalski, Nicholson, Robbins, Robbins, Voetberg. Nays—None. Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Corporation Counsel advising following claims have been referred to Crawford & Mayor Duggan read the call and stated this Company, the agent for the Iowa Communities is the Regular Session of the City Council Assurance Pool: Car Damage of Blake J. called for the purpose to act upon such Adams, Property damage of Tom Bauer; business which may properly come before the Property damage of John & Melissa Kruse; Council. Property damage of Ronald N. & Janet M. Miller, Personal injury of Joanne Temperly, Invocation was given by Marie Therese presented and read. Council Member Kalb, OSF, Director of the Shalom Retreat Voetberg moved that the communications be Center. received and filed. Seconded by Council Member Nicholson. Carried by the following PROCLAMATIONS—March 10-16 as "Girl vote: Yeas—Mayor Duggan, Council Scout Week" received by Beth Radamen and Members Buol, Krieg, Michalski, Nicholson, Abby Brants; Month of March as "Mental Robbins, Voetberg. Nays—None. Retardation Awareness Month" received by Barb Frerichs. City Manager recommending approval of Supplement #29 to City Code of Ordinances, MINUTES SUBMITTED—Airport presented and read. Council Member Commission of 12-22-95, 1-16-96 & 2-5-96; Voetberg moved that the communication be Cable TV Regulatory Commission of 2-14; received and filed. Seconded by Council Environmental Stewardship Advisory Member Nicholson. Carried by the following Commission of 2-6; 5 Flags Commission of 2- vote: Yeas—Mayor Duggan, Council 19; Housing Commission of 2-13; Human Members Buol, Krieg, Michalski, Nicholson, Rights Commission of 1-8; Library Board of Robbins, Voetberg. Nays—None. Trustees of 1-25; Long Range Planning Advisory Commission of 1-17 & 2-21; Park & RESOLUTION NO. 68-96 Recreation Commission of 2-13, presented ADOPTING SUPPLEMENT NO. 29 TO THE and read. Council Member Voetberg moved CODE OF ORDINANCES OF THE CITY OF that the communication be received and filed. DUBUQUE, IOWA Seconded by Council Member Nicholson. Whereas, under date of July 17, 1989, the Carried by the following vote: Yeas—Mayor City Council, pursuant to Ordinance No. 34- Duggan, Council Members Buol, Krieg, 89, readopted the Code of Ordinances of the Michalski, Nicholson, Robbins, Voetberg. City of Dubuque, Iowa for ordinances adopted Nays—None. up to and including December 19, 1988; and Whereas, since December 19, 1988 the Proof of Publication certified to by the City Council of the City of Dubuque, Iowa has Publisher on Notice of publishing minutes for adopted certain ordinances amending the meetings of 2-5 & 2-12; Proof of publication Code of Ordinances and said amendments certified to by the Publisher on Notice of filing have been printed as supplements to the Code of the final plat and schedule of assessments of Ordinances; and for 1995 Sidewalk Repairs project; Proof of Whereas, Section 380.8 of the Code of publication certified to by the Publisher on Ordinances provides that supplements, by Notice of publishing City of Dubuque resolution, become part of the Code of employee salaries for calendar year 1995, Ordinances. presented and read. Council Member NOW THEREFORE, BE IT RESOLVED Voetberg moved that the communication be BY THE CITY COUNCIL OF THE CITY OF received and filed. Seconded by Council DUBUQUE, IOWA: Member Nicholson. Carried by the following Section 1. That Supplement No. 29 of the vote: Yeas—Mayor Duggan, Council Code of Ordinances of the City of Dubuque, Members Buol, Krieg, Michalski, Nicholson, Iowa, covering Ordinances through Ordinance Robbins, Voetberg. Nays—None. No. 94-95 enacted through December 18, Regular Session, March 4, 1996 1995 and prepared by the Sterling Codifers,NOW, THEREFORE, BE IT RESOLVED Inc., Weiser, ID hereto filed in the Office ofBY THE CITY COUNCIL OF THE CITY OF the City Clerk of the City of Dubuque, Iowa beDUBUQUE, IOWA: and is hereby adopted and becomes part ofSection 1. That the dedications of the Code of Ordinances of the City ofWestmark Drive, together with the easements Dubuque, Iowa.for public utilities, and storm sewer as they Passed, approved and adopted this 4th dayappear upon said final plat, be and the same of March, 1996.are hereby accepted; and Terrance M. Duggan, MayorSection 2. That the plat of Lots 7, 8, 9 and Attest: Mary A. Davis, City ClerkLot D of Westmark is hereby approved and Council Member Voetberg moved adoptionthe Mayor and City Clerk are hereby of the Resolution. Seconded by Councilauthorized and directed to endorse the Member Nicholson. Carried by the followingapproval of the City of Dubuque, Iowa, upon vote: Yeas—Mayor Duggan, Councilsaid final plat, provided the owners of said Members Buol, Krieg, Michalski, Nicholson,property herein named, execute their written Robbins, Voetberg. Nays—None.acceptance hereto attached agreeing: a. To reduce Westmark Drive (Lot D) to grade City Manager recommending approval ofand to construct concrete curb and gutter and Bunker Hill Golf Course Operating agreementto hard surface with asphaltic concrete, or with with G.M.S., Inc. (George Stephenson, golfconcrete paving with integral curb, all in professional), presented and read. Councilaccordance with the City of Dubuque standard Member Voetberg moved that thespecifications, all in a manner acceptable to communication be received and filed andthe City Engineer, and in conformance with approved the Agreement. Seconded byconstruction improvement plans approved by Council Member Nicholson. Carried by thethe City Engineer, and inspected by the City following vote: Yeas—Mayor Duggan, CouncilEngineer. Members Buol, Krieg, Michalski, Nicholson,b. To install water mains and water service Robbins, Voetberg. Nays—None.laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and Zoning Advisory Commission advising oferosion control devices all in accordance with the approval of final plat for Westmarkthe City of Dubuque standard specifications, Corporate Center as requested by Dubuqueall in a manner acceptable to the City In-Futuro, presented and read. CouncilEngineer, and in accordance with construction Member Voetberg moved that theimprovement plans approved by the City communication be received and filed. Engineer, and inspected by the City Engineer. Seconded by Council Member Nicholson.c. To construct said improvements, prior to Carried by the following vote: Yeas—Mayortwo (2) years from the date of acceptance of Duggan, Council Members Buol, Krieg,this resolution, at the sole expense of the Michalski, Nicholson, Robbins, Voetberg.owners, or future owners; Nays—None.d. To maintain the public improvements, for a period of two (2) years from the date of the RESOLUTION NO. 69-96acceptance of those improvements by the City A RESOLUTION APPROVING THE FINALof Dubuque, Iowa, at the sole expense of the PLAT OF LOTS 7, 8, 9 AND LOT D OFowners, or future owners; WESTMARK, IN THE CITY OF DUBUQUE,And further provided that Dubuque In- IOWA.Futuro, Inc., as owner of said property, shall Whereas, there has been filed with the Citysecure the performance of the foregoing Clerk a final plat of Lots 7, 8, 9 and Lot D ofconditions provided in this Section by Westmark, in the City of Dubuque, Iowa; andproviding guarantees in such form and with Whereas, upon said final plat appears asuch sureties as may be acceptable to the City street to be known as Westmark Drive,Manager of the City of Dubuque, Iowa. together with certain public utility easementsSection 3. Sidewalk installation shall be the which the owners by said final plat haveresponsibility of the owner of the property dedicated to the public forever; andabutting the public right-of-way, as required by Whereas, the preliminary plat has beenCity Code 41-161 through 41-164. The examined by the Zoning Commission and hadresponsibility shall extend to all successors, its approval endorsed thereon; andheirs and assignees. Sidewalk installation will Whereas, said final plat has been reviewednot be required until the development of the lot by the City Planner and had his/her approvalhas been completed, except as required endorsed thereon, subject to the ownersherein. In sparsely developed subdivisions, agreeing to the conditions noted in Section 2sidewalks on developed lots will not be below; andrequired until 50% of the lots approved by the Whereas, said final plat has beenplat have been developed. All vacant lots shall examined by the City Council and they findhave sidewalks installed upon development of that it conforms to the statutes and ordinances80% of the lots approved by the plat. relating to it, except that no streets or publicSection 4. That final acceptance of all utilities have yet been constructed or installed;public improvements shall occur upon andcertification of the City Engineer to the City Whereas, the City Council concurs in theCouncil that all public improvements have conditions of approval established by thebeen completed in accordance with the Zoning Commission and the City Planner.improvement plans and City standard Regular Session, March 4, 1996 specifications and acceptance by City Councilcommunication be received and filed. resolution.Seconded by Council Member Nicholson. Section 5. That in the event Dubuque In-Carried by the following vote: Yeas—Mayor Futuro, Inc., shall fail to execute theDuggan, Council Members Buol, Krieg, acceptance and furnish the guaranteesMichalski, Nicholson, Robbins, Voetberg. provided in Section 2 hereof within 45 daysNays—None. after the date of this Resolution, the provisions hereof shall be null and void and theCity Manager requesting authorization to acceptance of the dedication and approval theexecute Administration Services Agreement plat shall not be effective.between the City and Health Choices, Inc., Passed, approved and adopted this 4th daypresented and read. Council Member of March, 1996.Voetberg moved that the communication be Terrance M. Duggan, Mayorreceived and filed and approved. Seconded ATTEST: Mary A. Davis, City Clerkby Council Member Nicholson. Carried by the ACCEPTANCE OFfollowing vote: Yeas—Mayor Duggan, Council RESOLUTION NO. 69-96Members Buol, Krieg, Michalski, Nicholson, We, the undersigned, Dubuque In-Futuro,Robbins, Voetberg. Nays—None. Inc., having read the terms and conditions of the Resolution No. 69-96 and being familiarCity Manager advising of no objections to with the conditions thereof, hereby accept thisCity of Asbury's annexations, presented and same and agree to the conditions requiredread. Council Member Voetberg moved that therein.the communication be received and filed. Dated in Dubuque, Iowa this 19th day ofSeconded by Council Member Nicholson. March, 1996.Carried by the following vote: Yeas—Mayor By /s/ Kathryn KriegDuggan, Council Members Buol, Krieg, Dubuque In-Futuro, Inc.Michalski, Nicholson, Robbins, Voetberg. By /s/ William CallahanNays—None. Dubuque In-Futuro, Inc. Council Member Voetberg moved adoptionCity Manager submitting copy of letter of the Resolution. Seconded by Councilsupporting Healthy Dubuque 2000 Steering Member Nicholson. Carried by the followingCommittee's Grant Application to Dubuque vote: Yeas—Mayor Duggan, CouncilRacing Association, presented and read. Members Buol, Krieg, Michalski, Nicholson,Council Member Voetberg moved that the Robbins, Voetberg. Nays—None.communication be received and filed. Seconded by Council Member Nicholson. February 6, 1996Carried by the following vote: Yeas—Mayor Michael C. Van Milligen, City ManagerDuggan, Council Members Buol, Krieg, City of Dubuque, IowaMichalski, Nicholson, Robbins, Voetberg. In accordance with Chapter 400.13 of theNays—None. 1995 Code of Iowa, as amended, the Civil Service Commission conducted written examsCity Manager recommending approval of on January 8, 1996 in Dubuque, Iowa, andMutual Aid Agreement with Fire Departments others were conducted at remote sites as setin Dubuque County, East Dubuque Fire up by McCann Associates, for the position ofDepartment and Jamestown Township Fire Fire Chief for the City of Dubuque.Department in Kieler, Wisconsin, presented We hereby certify the following to be anand read. Council Member Voetberg moved eligible list and request appointment be madethat the communication be received and filed from this list.and approved Agreement. Seconded by Rick SteinesMike WhitsonCouncil Member Nicholson. Carried by the James MillerDonald Coxfollowing vote: Yeas—Mayor Duggan, Council Louie BlackJohn KellyMembers Buol, Krieg, Michalski, Nicholson, Dan BrownKerry SeveraRobbins, Voetberg. Nays—None. Robert BakerKenneth Kreiman Thomas HarnsbergerPetition from Terry McInroy of Arby's Respectfully submitted,Restaurant Group of Iowa, Inc., containing Tom Rawson, Chairperson155 signatures, requesting relocation of stop James N. Feehan, Civil Service Commissionsign at Jones Street Connector and Main Council Member Voetberg moved that thisStreet Traffic Control, presented and read. certification of the Civil Service CommissionCouncil Member Nicholson moved that this be be received and filed and made a matter ofreceived and filed and referred to the City record. Seconded by Council MemberManager. Seconded by Council Member Nicholson. Carried by the following vote:Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council MembersYeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins,Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None.Voetberg. Nays—None. City Manager responding to request for installation of pedestrian crosswalks across Central Ave. at intersections with 18th & 10thRESOLUTION NO. 70-96 Streets, presented and read. CouncilWhereas, applications for Beer Permits Member Voetberg moved that thehave been submitted and filed to this Council Regular Session, March 4, 1996 for approval and the same have beenZONING BOARD OF ADJUSTMENT— examined and approved; and Vicki Bechen spoke on her behalf. Whereas, the premises to be occupied by such applicants were inspected and found toAIRPORT ZONING BOARD OF comply with the Ordinances of this City andADJUSTMENT- have filed proper bonds.Applicants: Vicki Bechen and James NOW, THEREFORE, BE IT RESOLVEDBauerly. Vicki Bechen spoke on her behalf. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:Council Member Krieg moved that the rules That the Manager be authorized to cause tobe suspended to allow anyone present to be issued the following named applicants aaddress the Council if they so desire. Beer Permit.Seconded by Council Member Robbins. CLASS "C" BEER PERMITCarried by the following vote: Yeas—Mayor Lynn KruserKC's Downtown AutoDuggan, Council Members Buol, Krieg, Center+(Sunday Sales)Michalski, Nicholson, Robbins, Voetberg. 205 LocustNays—None. Passed, approved and adopted this 4th day of March, 1996.Proof of publication certified to by the Terrance M. Duggan, MayorPublisher on notice of Public Hearing to Attest: Mary A Davis, City Clerkconsider rezoning property located at 395 Council Member Voetberg moved adoptionCedar Cross Road from AG to PUD, of the Resolution. Seconded by Councilpresented and read. Council Member Krieg Member Nicholson. Carried by the followingmoved that the communication be received vote: Yeas—Mayor Duggan, Council Membersand filed. Seconded by Council Member Buol, Krieg, Michalski, Nicholson, Robbins,Michalski. Carried by the following vote: Voetberg. Nays—None. Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins. RESOLUTION NO. 71-96Nays—Council Member Voetberg. Whereas, applications for Liquor Licenses have been submitted to this Council forAn Ordinance Amending Zoning Map by approval and the same have been examinedreclassifying property located at 395 Cedar and approved; andCross Road from AG Agricultural District to Whereas, the premises to be occupied byPUD Planned Unit Development District with such applicants were inspected and found toPR Planned Residential and PC Planned comply with the State Laws and all CityCommercial Designations and adopting a Ordinances relevant thereto and they haveConceptual Development Plan, with filed proper bonds.Conditions, (first and second readings given NOW, THEREFORE, BE IT RESOLVEDon 2-19-96), presented for further action. BY THE CITY COUNCIL OF THE CITY OFAttorney Rick Whittey, Jeff Hansel, Greg DUBUQUE, IOWA:Nauman, Jack Schumacher, addressed the That the Manager be authorized to cause toCouncil in favor of rezoning. JoAnn McGuire, be issued the following named applicantsLinda Remy, Cathy Thompson, Sam Perry, a Liquor License.and Mary Daugherty objected to the proposed CLASS "B" (HOTEL/MOTEL)rezoning. LIQUOR LICENSE Dubuque Lodging Inc.(OFFICIAL PUBLICATION) Days Inn +(Sunday & Outdoor Sales)ORDINANCE NO. 8-96 1111 Dodge St.AN ORDINANCE AMENDING APPENDIX A CLASS"C" (COMMERCIAL) BEER(THE ZONING ORDINANCE) OF THE CITY & LIQUOR LICENSEOF DUBUQUE CODE OF ORDINANCES BY Fratnl Order of EaglesRECLASSIFYING HEREINAFTER Fratnl Order of Eagles+(Sunday Sales)DESCRIBED PROPERTY LOCATED AT 1175 Century Dr.395 CEDAR CROSS ROAD FROM AG Elaine KellyAGRICULTURAL DISTRICT TO PUD Kelly's PubHwy 20 WestPLANNED UNIT DEVELOPMENT DISTRICT Enke Invest. Com.WITH PR PLANNED RESIDENTIAL AND PC Cedars Restr.+(Sunday Sales)PLANNED COMMERCIAL DESIGNATIONS 2155 Southpark CtAND ADOPTING A CONCEPTUAL Passed, approved and adopted this 4th dayDEVELOPMENT PLAN, WITH of March, 1996.CONDITIONS. Terrance M. Duggan, MayorNOW, THEREFORE, BE IT ORDAINED Attest: Mary A. Davis, City ClerkBY THE CITY COUNCIL OF THE CITY OF Council Member Voetberg moved adoptionDUBUQUE, IOWA: of the Resolution. Seconded by CouncilSection 1. Appendix A (the Zoning Member Nicholson. Carried by the followingOrdinance) of the City of Dubuque Code of vote: Yeas—Mayor Duggan, CouncilOrdinances is hereby amended by Members Buol, Krieg, Michalski, Nicholson,reclassifying the hereinafter described Robbins, Voetberg. Nays—None. property from AG Agricultural to PUD Planned BOARDS AND COMMISSIONS: Unit Development District with PC Planned Applicants to address the Council at thisCommercial and PR Planned Residential meeting if they so desire.designations and adopting a conceptual Regular Session, March 4, 1996 development plan, a copy of which is attachedregulations set forth in the Zoning Ordinance to and made a part hereof, with conditions asfor the R-3 Moderate Density Multi-Family stated below, to wit:Residential District, with the exception of lots Lot 4 and Lot 5 of Hansel's addition and toand building setbacks, which should conform the centerline of adjoining public right-of-with that shown on the attached conceptual way in the City of Dubuque, Iowa.plan. Section 2. Pursuant to Iowa Code SectionC. Performance Standards. 414.5, and as an express condition of theThe development and maintenance of uses reclassification, the undersigned propertyin this PUD District shall be established in owner agrees to the following conditions, all ofconformance with Section 3-5.5 of the Zoning which the property owner further agrees areOrdinance and the following standards: reasonable and imposed to satisfy the public1. Proposed public streets in both the Planned needs that are caused directly by the zoningCommercial and Planned Residential reclassification:developments shall be designed and built to A.Use Regulations.City Engineering specifications. There shall The following regulations shall apply to allbe no public or private street access between uses made of land in the above describedthe PR residential and PC commercial PUD District:developments. 1.Principal permitted uses of the PC Planned2. Erosion control devices shall be provided Commercial development shall be limited to:during the construction phases of both the PR Public or quasi-public utilities includingand the PC developments. ! substations-[47].3. Parking requirements for allowed uses in Mortuary/funeral home-[6].both the PC and PR developments shall be as ! General offices-[14].per the parking group for the designated use, ! Medical office/clinic-[36].in accordance with Section 4-2 of the Zoning ! Dental/medical lab-[8].Ordinance. ! Barber/beauty shops-[16].4. Sidewalks shall be provided adjoining all ! Retail sales/service-[17].public streets including Starlight Drive and ! Laundry/dry cleaner-[19].Cedar Cross Road. ! Shoe repair-[18].5. Storm water detention facilities will be ! Indoor restaurant-[20].installed as per City Engineering requirements ! Supermarket-[17].in both the PC and the PR developments. ! Tailoring/alterations-[18].6. Final site development plans shall be ! Furniture/home furnishing-[27].submitted in accordance with Section 4-4 of ! Appliance sales/service-[27].the Zoning Ordinance of the City of Dubuque, ! Drive-up automated bank teller-[8].Iowa, prior to construction of any buildings. ! Animal hospital/clinic-23].No commercial building shall be constructed ! Photographic studio-[23].unless it was included in final site ! Neighborhood shopping center-[17].development plans submitted on a building by ! Business services-[29].building basis as the site develops and ! Banks/savings and loans, and credit unions-approved by the Zoning Advisory Commission ! [31].and City Council. Indoor amusement center-[23].D. Open Space and Landscaping. ! Indoor recreation facilities-[37].Open space and landscaping in the PUD ! 2. Principal permitted uses of the PRDistrict shall be regulated as follows: Planned Residential development shall be1. A screen of deciduous and evergreen trees limited to:shall be planted along Starlight Drive and Multi-family dwellings (maximum sixCedar Cross Road to act as a buffer between ! dwelling units per building)-[9].the proposed Planned Commercial and Outdoor recreation.Planned Residential developments and the ! 3. Accessory uses shall include any useadjacent existing residential development. customarily incidental and subordinate to theEvergreen screening to be 6 feet in height principal use it serves.within three growing seasons to the height of B. Lot and Bulk Regulations.6 feet, planted 5 feet on center. Development of land in the PUD District shall2. A recreation area for the use by residents of be regulated as follows:the Planned Residential development shall be 1. All buildings, structures and activities shallmaintained by the property owner(s) and/or be located in conformance with the attachedassociation. conceptual development plan and all final site3. Those areas not designated on the development plans shall be approved inconceptual plan for development shall be accordance with provisions of the PUDmaintained as open space, as defined by Planned Unit Development DistrictSection 8 of the Zoning Ordinance, by the regulations.property owner(s) and/or association. 2. All buildings and structures in the Planned4. Building pads shall be maintained below Commercial development shall meet bulkgrade of Cedar Cross Road and Starlight regulations set forth in the Zoning OrdinanceDrive. for the C-2 Neighborhood Shopping CenterE. Sign Regulations. District, with the exception that building heightSigns in the PUD District shall be regulated as shall be limited to 25 feet.follows: 3. All building structures in the Planned1. Signs shall be allowed in the Planned Residential development shall meet bulkCommercial development as allowed by the C- Regular Session, March 4, 1996 2 sign regulations of the Zoning Ordinance ofProof of publication certified to by the the City of Dubuque, Section 4-3.11.Publisher on notice of Public Hearing to 2. Signs shall be allowed in the Plannedconsider rezoning property a 1950 J. F. Residential development as allowed by the R-3Kennedy Road from OS to C-3 District, sign regulations of the Zoning Ordinance ofpresented and read. Council Member the City of Dubuque, Section 4-3.11.Nicholson moved that the communication be F. Additional Standards.received and filed. Seconded by Council The conceptual development plan shall beMember Buol. Carried by the following vote: valid for a period of five (5) years provided aYeas—Mayor Duggan, Council Members final site development plan is submitted withinBuol, Krieg, Michalski, Nicholson, Robbins, three (3) years from the date of approval.Voetberg. Nays—None. G. Transfer of Ownership. Transfer of ownership or lease of property inAn Ordinance Amending Zoning Map by this PUD District shall include in the transferreclassifying property located at 1950 J.F. or lease agreement a provision that theKennedy Road from OS Office Service District purchaser or lessee acknowledges awarenessto C-3 General Commercial District, with first of the conditions authorizing the establishmentand second readings given on 2-19-96, of the PUD District.presented for further action. H. Reclassification of Subject Property. The City of Dubuque, Iowa, may initiate zoning(OFFICIAL PUBLICATION) reclassification proceedings to the AGORDINANCE NO. 9-96 Agricultural District in accordance withAN ORDINANCE AMENDING APPENDIX A Section 6 of the Zoning Ordinance if the(THE ZONING ORDINANCE) OF THE CITY property owner(s) fail(s) to complete orOF DUBUQUE CODE OF ORDINANCES, maintain any of the conditions of thisBY RECLASSIFYING HEREINAFTER ordinance.DESCRIBED PROPERTY LOCATED AT I. Modifications.1950 J.F. KENNEDY ROAD FROM OS Any modifications of this Ordinance must beOFFICE SERVICE DISTRICT TO C-3 approved by the City Council in accordanceGENERAL COMMERCIAL DISTRICT. with zoning reclassification proceedings ofNOW, THEREFORE, BE IT ORDAINED Section 6 of the Zoning Ordinance.BY THE CITY COUNCIL OF THE CITY OF J. Recording.DUBUQUE, IOWA: A copy of this ordinance shall be recorded atSection 1. That Appendix A (the Zoning the expense of the property owner(s) with theOrdinance) of the City of Dubuque Code of Dubuque County Recorder as a permanentOrdinances is hereby amended by record of the conditions accepted as part ofreclassifying the hereinafter described this reclassification approval. This ordinanceproperty from OS Office Service District to C- shall be binding upon the undersigned and3 General Commercial District, to wit: his/her heirs, successors and assigns.Lot 2 of 1 of Lot A of Block 22 in Key Knolls Section 3. The foregoing amendment hasSubdivision, except the southerly nine feet heretofore been reviewed by the Zoningthere of, and to the center line of the adjoining Advisory Commission of the City of Dubuque,public right-of-way, all in the City of Dubuque, Iowa.Iowa. Section 4. The foregoing amendment shallSection 2. The foregoing amendment has take effect upon publication, as provided byheretofore been reviewed by the Zoning law.Advisory Commission of the City of Dubuque, Passed, approved and adopted this 4th dayIowa. of March, 1996.Section 3. This ordinance shall take effect Terrance M. Duggan, Mayorimmediately upon publication, as provided by ATTEST: Mary A. Davis, City Clerklaw. ACCEPTANCE OF ORDINANCE NO. 8-96Passed, approved and adopted this 4th day I, Richard V. Hansel, property owner,of March, 1996. having read the terms and conditions of theTerrance M. Duggan, Mayor foregoing Ordinance No. 8-96 and beingAttest: Mary A. Davis, City Clerk familiar with the conditions thereof, herebyPublished officially in the Telegraph Herald accept the same and agree to the conditionsnewspaper this 11th day of March, 1996. required therein.1t 3/11Mary A. Davis CMC, City Clerk Dated this 6th day of April, 1996.Council Member Nicholson moved final By /s/ Richard V. Hanselconsideration and passage of the Ordinance. Published officially in the TelegraphSeconded by Council Member Buol. Carried Herald newspaper this 15th day of April, 1996.by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, 1t 4/15Mary A. Davis CMC, City Clerk Nicholson, Robbins, Voetberg. Nays—None. Council Member Voetberg moved final consideration and passage of the Ordinance, as amended. Seconded by Council MemberProof of publication certified to by the Nicholson. Carried by the following vote:Publisher on notice of Public Hearing to Yeas—Mayor Duggan, Council Membersamend the Conceptual Development Plan for Buol, Michalski, Nicholson, Robbins,property located at Carter Road at Westmore Voetberg. Nays—Council Member Krieg.Drive, presented and read. Council Member Buol moved that the communication be received and filed. Seconded by Council Regular Session, March 4, 1996 Member Robbins. Carried by the following1) All building structures and activities shall be vote: Yeas—Mayor Duggan, Council Memberslocated in substantial conformance with the Buol, Krieg, Michalski, Nicholson, Robbins,attached conceptual development plan and all Voetberg. Nays—None.final site development plans shall be approved in accordance with provisions of the PUD Steve Boge, developer of the property andDistrict regulations of this ordinance and of Steve Oldstead, Architect, both spoke givingSection 3-5.5 of the Zoning Ordinance. more details on the request.2) All buildings and structures shall be in accordance with the following lot and bulk An Ordinance Amending Zoning Map byregulations: amending the Conceptual Development PlanMinimum Front Yard Setback in Feet: 75 for property located on Carter Road acrossfeet from Westmore Drive located in a PUDMinimum Side Yard Setback in Feet: 42 Planned Unit Development District with afeet Planned Residential District Designation, firstMinimum Rear Yard Setback in Feet: 48 and second readings given on 2-19-96, nowfeet presented for final action. Maximum Building Height in Feet: 36 feet C. Performance Standards. (OFFICIAL PUBLICATION) The development and maintenance of uses in ORDINANCE NO. 10-96this PUD District shall be established in AN ORDINANCE AMENDING APPENDIX Aconformance with Section 3-5.5 of the Zoning (THE ZONING ORDINANCE) OF THE CITYOrdinance and the following standards: OF DUBUQUE CODE OF ORDINANCES BY1) Lighting shall be provided per City AMENDING THE CONCEPTUALstandards. DEVELOPMENT PLAN FOR2) Landscaping shall be provided in HEREINAFTER DESCRIBED PROPERTYcompliance with Section 4.4 of the Zoning LOCATED ON CARTER ROAD ACROSSOrdinance and as stipulated in the conceptual FROM WESTMORE DRIVE LOCATED IN Adevelopment plan. PUD PLANNED UNIT DEVELOPMENT3) All utilities including telephone and cable DISTRICT WITH A PLANNEDtelevision shall be installed underground. RESIDENTIAL DISTRICT DESIGNATION. 4) Sidewalks shall be placed four (4) feet NOW, THEREFORE, BE IT ORDAINEDbehind the curb parallel to the street on all BY THE CITY COUNCIL OF THE CITY OFpublic street frontages and constructed in DUBUQUE, IOWA:accordance with City standards. In addition, Section 1. Appendix A (the Zoninga private sidewalk shall be constructed to Ordinance) of the City of Dubuque Code ofconnect the proposed building with the public Ordinances is hereby amended by amendingsidewalk along Carter Road. the conceptual development plan for the5) Final site development plans shall be hereinafter described property located within asubmitted in accordance with Section 4-4 of PUD Planned Unit Development District withthe Zoning Ordinance prior to construction of a Planned Residential designation andeach building or structure unless otherwise adopting a new conceptual development plan,exempted by Section 4-4. a copy of which is attached to and made a part6) Off-street parking shall be provided on the hereof, with conditions as stated below, to wit:basis of 1 space for each dwelling unit. Lots 1 and 2 and Lot A of St. Mary's Place7) Subdivision plats and improvements plans No. 5, a subdivision of Lot 2 of St. Mary'sshall be submitted in accordance with Chapter Place No. 4, and to the center line of the42 of the City of Dubuque Code of adjoining public right-of-way, all in the CityOrdinances. of Dubuque, Iowa.D. Open Space and Recreational Areas Section 2. Pursuant to Iowa Code Section Those areas not designated on the 414.5 (1993), and as an express condition ofconceptual development plan for development the reclassification, the undersigned propertyshall be maintained as open space, as defined owner(s) agree(s) to the following conditions,by Section 8 of the Zoning Ordinance by the all of which the property owner(s) furtherproperty owner(s) and/or association. agree(s) are reasonable and imposed toE. Sign Regulations. satisfy the public needs that are causedThe sign regulations shall be in accordance directly by the zoning reclassification:with the R-4 Multi-Family Residential District A.Use Regulations.as established in Section 4-3.11 of the Zoning The following regulations shall apply to allOrdinance. uses made of land in the above describedF. Additional Standards. PUD District:1) The conceptual development plan shall be 1)Principal permitted uses shall be limited to:valid for a period of five (5) years provided a a) Principal permitted uses shall be limited tofinal site development plan is submitted within 64 senior housing units in one building.two (2) years from the date of approval. 2) Accessory uses shall include any use2) That all previously approved conceptual customarily incidental and subordinate to thedevelopment plans are hereby amended to principal use it serves.allow for the attached conceptual development B.Lot and Bulk Regulations.plan. Development of land in the PUD District shallG. Transfer of Ownership be regulated as follows: Transfer of ownership or lease of property in this PUD District shall include in the transfer Regular Session, March 4, 1996 or lease agreement a provision that theORDINANCE NO. 11-96 purchaser or lessee acknowledges awarenessAN ORDINANCE AMENDING APPENDIX A of the conditions authorizing the establishment(THE ZONING ORDINANCE) OF THE CITY of the district.OF DUBUQUE CODE OF ORDINANCES, H. Modifications.BY REPEALING SECTION 3-4.1(B) Any modifications of this Ordinance mustPRINCIPAL PERMITTED USES AND be approved by the City Council in accordanceADOPTING A NEW SECTION 3-4.1(B) IN with zoning reclassification proceedings ofLIEU THEREOF TO ALLOW DRIVE- Section 6 of the Zoning Ordinance.IN/CARRY-OUT RESTAURANTS FOR THE I. Recording.LI LIGHT INDUSTRIAL DISTRICT. A copy of this ordinance shall be recordedNOW THEREFORE, BE IT ORDAINED at the expense of the property owner(s) withBY THE CITY COUNCIL OF THE CITY OF the Dubuque County Recorder as aDUBUQUE, IOWA: permanent record of the conditions acceptedSection 1. Appendix A (the Zoning as part of this reclassification approval. ThisOrdinance) of the City of Dubuque Code of ordinance shall be binding upon theOrdinances is hereby amended by repealing undersigned and his/her heirs, successorsSection 3-4.1(B) and adopting the following and assigns.new Section 3-4.1(B) in lieu thereof: Section 3. The foregoing amendment has(B) Principal Permitted Uses. The following heretofore been reviewed by the Zoninguses shall be permitted in the LI District: Commission of the City of Dubuque, Iowa.(1) Railroads and public or quasi-public Section 4. The foregoing amendment shallutilities including substations [47]. take affect upon publication, as provided by (2) General offices [14]. law. (3) Medical/dental lab [8]. Passed, approved and adopted this 4th day (4) Personal services [14]. of March, 1996. (5) Off-street parking lot [N/A]. Terrance M. Duggan, Mayor (6) Gas station [18]. ATTEST: Mary A. Davis, City Clerk (7) Grocery store [17]. ACCEPTANCE OF (8) Bakery (wholesale/commercial) [19]. ORDINANCE NO. 10-96 (9) Indoor restaurant [20]. I, Steve Boge, property owner, having read(10) Drive-in/carry-out restaurant [28]. the terms and conditions of the foregoing(11) Bar/tavern [20]. Ordinance No. 10-96 and being familiar with(12) Automated gas station [18]. the conditions thereof, hereby accept the(13) Service station [21]. same and agree to the conditions required(14) Drive-up automated bank teller [8]. therein.(15) Self-service carwash [8]. Dated this 1st day of May, 1996.(16) Animal hospital/clinic [23]. By /s/ Steve Boge(17) Furniture upholstery/repair [18]. Renaissance Development(18) Business services [29]. Published officially in the Telegraph(19) Banks, savings and loans, and credit unions [31]. Herald newspaper this 6th day of May, 1996. (20) Vending/game machine sales/service 1t 5/6Mary A. Davis CMC, City Clerk [19]. Council Member Buol moved final consider- (21) Indoor recreation facilities [37]. ation and passage of the Ordinance. (22) Mail-order houses [23]. Seconded by Council Member Robbins. (23) Lumberyards/building materials sales Carried by the following vote: Yeas—Mayor [19]. Duggan, Council Members Buol, Krieg, (24) Construction supplies, sales and service Michalski, Nicholson, Robbins, Voetberg. [19]. Nays—None. (25) Printing and publishing [32]. (26) Moving/storage facilities [33]. Proof of publication certified to by the (27) Full-service carwash [8]. Publisher on notice of public hearing on text (28) Auto service centers [34]. amendments to the Zoning Ordinance by (29) Auto sales and service [38]. adding drive-thru/carry-out restaurants in the (30) Auto repair/body shop [35]. LI, HI and MHI Zoning Districts, presented (31) Truck sales, service and repair [39]. and read. Council Member Voetberg moved (32) Farm implement sales, services and that the communication be received and filed. repair [39]. Seconded by Council Member Nicholson. (33) Auto parts/supply [17]. Carried by the following vote: Yeas—Mayor (34) Mobile home sales [40]. Duggan, Council Members Buol, Krieg, (35) Motorcycle sales/service [41]. Michalski, Nicholson, Robbins, Voetberg. (36) Boat sales/service [40]. Nays—None. (37) Recreation vehicle sales/service [38]. (38) Vehicle rental [47]. An Ordinance Amending Zoning Ordinance (39) Upholstery shop [42]. by adopting a new Section 3-4.1(B) in lieu (40) Parking structure [N/A]. thereof to allow Drive-in/Carry-out restaurants (41) Personal [29]/business services [14]. for the LI Light Industrial District, first and (42) Contractors shop/yard [33]. second readings given on 2-19-96, now (43) Wholesale sales/distributor [29]. presented for final action. (44) Freight transfer facilities [44]. (45) Fuel and ice dealers [33]. (OFFICIAL PUBLICATION) Regular Session, March 4, 1996 (46) Agricultural supply sales [19].NOW THEREFORE, BE IT ORDAINED (47) Cold storage/locker plant [15].BY THE CITY COUNCIL OF THE CITY OF (48) Packing and processing of meat, dairy orDUBUQUE, IOWA: food products, but not to includeSection 1. Appendix A (the Zoning slaughterhouses or stockyards [33].Ordinance) of the City of Dubuque Code of (49) Compounding, processing, andOrdinances is hereby amended by repealing packaging of chemical products, but notSection 3-4.2(B) and adopting the following including highly flammable or explosivenew Section 3-4.2(B) in lieu thereof: materials [33].(B) Principal Permitted Uses. The following (50) Manufacture, assembly, repair or storageuses shall be permitted in the HI District: of electrical and electronic products,(1) Railroads and public or quasi-public components, or equipment [33].utilities including substations [47]. (51) Laboratories for research or engineering(2) General offices [47]. [33].(3) Medical/dental lab [8]. (52) Warehousing and storage facilities [33].(4) Personal services [14]. (53) Manufacture or assembly of musical(5) Off-street parking lot [N/A]. instruments; toys; watches or clocks; medical,(6) Gas station [18]. dental, optical, or similar scientific(7) Bakery (wholesale/commercial) [19]. instruments; orthopedic or medical appliances;(8) Indoor restaurant [20]. signs or billboards [33].(9) Drive-in/carry-out restaurant [28]. (54) Manufacturing, compounding, assembly(10) Bar/tavern [20]. or treatment of articles or products from the(11) Automated gas station [18]. following substances: clothing or textiles;(12) Service station [21]. rubber; precious or semi-precious stones or(13) Drive-up automated bank teller [8]. metals; wood; plastics; paper; leather; fiber;(14) Self-service carwash [8]. glass; hair; wax; sheet metal; concrete,(15) Animal hospital/clinic [23]. feathers; fur; and cork, but not including the(16) Furniture upholstery/repair [18]. manufacture of such raw substances as a(17) Business services [29]. principal operation [33].(18) Banks, savings and loans, and credit [ ] Parking group - See Section 4-2 of thisunions [31]. Ordinance.(19) Vending/game machine sales/service Section 2. This ordinance has heretofore[19]. been reviewed by the Zoning Advisory(20) Indoor recreation facilities [37]. Commission of the City of Dubuque, Iowa.(21) Mail-order houses [23]. Section 3. This ordinance shall take effect(22) Lumberyards/building materials sales immediately upon publication, as provided by[19]. law.(23) Construction supplies, sales and service Passed, approved and adopted this 4th day[19]. of March, 1996.(24) Printing and publishing [32]. Terrance M. Duggan, Mayor(25) Moving/storage facilities [33]. Attest: Mary A. Davis, City Clerk(26) Full-service carwash [8]. Published officially in the Telegraph Herald(27) Auto service centers [34]. (28) Auto sales and service [38]. newspaper this 13th day of March, 1996. (29) Auto repair/body shop [35]. 1t 3/13Mary A. Davis, City Clerk (30) Truck sales, service and repair [39]. Council Member Voetberg moved final (31) Farm implement sales, services and consideration and passage of the Ordinances. repair [39]. Seconded by Council Member Nicholson. (32) Auto parts/supply [17]. Carried by the following vote: Yeas—Mayor (33) Mobile home sales [40]. Duggan, Council Members Buol, Krieg, (34) Motorcycle sales/service [41]. Michalski, Nicholson, Robbins, Voetberg. (35) Boat sales/service [40]. Nays—None. (36) Recreation vehicle sales/service [38]. (37) Vehicle rental [47]. An Ordinance Amending Zoning Ordinance by adopting a new Section 3-4.2(B) in lieu(38) Upholstery shop [42]. thereof to allow Drive-in/Carry-out restaurants(39) Parking structure [N/A]. for the HI Heavy Industrial District, first and(40) Contractors shop/yard [33]. second readings given on 2-19-96, now(41) Wholesale sales/distributor [29]. presented for further action. (42) Freight transfer facilities [44]. (43) Fuel and ice dealers [33]. (OFFICIAL PUBLICATION)(44) Agricultural supply sales [19]. ORDINANCE NO. 12-96(45) Cold storage/locker plant [15]. AN ORDINANCE AMENDING APPENDIX A(46) Packing and processing of meat, dairy or (THE ZONING ORDINANCE) OF THE CITYfood products, but not to include OF DUBUQUE CODE OF ORDINANCES,slaughterhouses or Stockyards [33]. (47) Compounding, processing, and BY REPEALING SECTION 3-4.2(B) packaging of chemical products, but not PRINCIPAL PERMITTED USES AND including highly flammable or explosive ADOPTING A NEW SECTION 3-4.2(B) IN materials [33]. LIEU THEREOF TO ALLOW DRIVE- (48) Manufacture, assembly, repair or storage IN/CARRY-OUT RESTAURANTS FOR THE of electrical and electronic products, HI HEAVY INDUSTRIAL DISTRICT. components, or equipment [33]. Regular Session, March 4, 1996 (49) Laboratories for research or engineeringOF DUBUQUE CODE OF ORDINANCES, [33].BY REPEALING SECTION 3-4.4(B) (50) Warehousing and storage facilities [33].PRINCIPAL PERMITTED USES AND (51) Manufacture or assembly of musicalADOPTING A NEW SECTION 3-4.4(B) IN instruments; toys; watches or clocks; medical,LIEU THEREOF TO ALLOW DRIVE- dental, optical, or similar scientificIN/CARRY-OUT RESTAURANTS FOR THE instruments; orthopedic or medical appliances;MHI MODIFIED HEAVY INDUSTRIAL signs or billboards [33].DISTRICT. (52) Manufacturing, compounding, assemblyNOW THEREFORE, BE IT ORDAINED or treatment of articles or products from theBY THE CITY COUNCIL OF THE CITY OF following substances: clothing or textiles;DUBUQUE, IOWA: rubber; precious or semi-precious stones orSection 1. Appendix A (the Zoning metals; wood; plastics; paper; leather; fiber;Ordinance) of the City of Dubuque Code of glass; hair; wax; sheet metal; concrete,Ordinances is hereby amended by repealing feathers; fur; and cork [33].Section 3-4.4(B) and adopting the following (53) Manufacture, storage or processing of thenew Section 3-4.4(B) in lieu thereof: following products or materials; glue,(B)Principal Permitted Uses. The following petroleum products or any flammable liquid;uses shall be permitted in the MHI District: asphalt or concrete products; explosive(1) Railroads and public or quasi-public materials of any type; structural steel andutilities including substations [47]. foundry products; fertilizer, pharmaceutical(2) General offices [47]. products, including cosmetics, toiletries, and(3) Medical/dental lab [8]. soap; and stone products, including brick,(4) Personal services [14]. building stone, and similar masonry materials(5) Off-street parking lot [N/A]. [33].(6) Gas station [18]. (54) Slaughterhouses or stockyards [44].(7) Bakery (wholesale/commercial) [19]. (55) Manufacture or processing of the(8) Indoor restaurant [20]. following materials; acid, lime or lime products;(9) Drive-in/carry-out restaurant [28]. coke; coal tar; creosote; celluloid or cellulose(10) Bar/tavern [20]. products; detergent; and ammonia or chlorine(11) Automated gas station [18]. [33].(12) Service station [21]. (56) Sanitary landfills [47].(13) Drive-up automated bank teller [8]. (57) Sewage treatment plants [47].(14) Self-service carwash [8]. (58)Crematoriums; reduction plants;(15) Animal hospital/clinic [23]. foundries, forges or smelters [15].(16) Furniture upholstery/repair [18]. (59) Junk yards, salvage yards [44].(17) Business services [29]. (60) Grain/barge terminal [44].(18) Banks, savings and loans, and credit [ ] Parking group - See Section 4-2 of thisunions [31]. Ordinance.(19) Vending/game machine sales/service Section 2. This ordinance has heretofore[19]. been reviewed by the Zoning Advisory(20) Indoor recreation facilities [37]. Commission of the City of Dubuque, Iowa.(21) Mail-order houses [23]. Section 3. This ordinance shall take effect(22) Lumberyards/building materials sales immediately upon publication, as provided by[19]. law.(23) Construction supplies, sales and service Passed, approved and adopted this 4th day[19]. of March, 1996.(24) Printing and publishing [32]. Terrance M. Duggan, Mayor(25) Moving/storage facilities [33]. Attest: Mary A. Davis, City Clerk(26) Full-service carwash [8]. Published officially in the Telegraph Herald(27) Auto service centers [34]. (28) Auto sales and service [38]. newspaper this 13th day of March, 1996. (29) Auto repair/body shop [35]. 1t 3/13Mary A. Davis CMC, City Clerk (30) Truck sales, service and repair [39]. Council Member Voetberg moved final consideration and passage of the Ordinance.(31) Farm implement sales, services and Seconded by Council Member Nicholson.repair [39]. Carried by the following vote: Yeas—Mayor(32) Auto parts/supply [7]. Duggan, Council Members Buol, Krieg,(33) Mobile home sales [40]. Michalski, Nicholson, Robbins, Voetberg.(34) Motorcycle sales/service [41]. Nays—None. (35) Boat sales/service [40]. (36) Recreation vehicle sales/service [38]. An Ordinance Amending Zoning Ordinance(37) Vehicle rental [47]. by adopting a new Section 3-4.4(B) in lieu(38) Upholstery shop [42]. thereof to allow Drive-in/Carry-out restaurants(39) Parking structure [N/A]. for the MHI Modified Heavy Industrial District,(40) Contractors shop/yard [33]. (41) Wholesale sales/distributor [29]. first & second readings given on 2-19-96, now (42) Freight transfer facilities [44]. presented for final action. (43) Fuel and ice dealers [33]. (44) Agricultural supply sales [19]. (OFFICIAL PUBLICATION) (45) Cold storage/locker plant [15]. ORDINANCE NO. 13-96 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY Regular Session, March 4, 1996 (46) Packing and processing of meat, dairy orproperty so it could be used for a Holistic food products, but not to includeHealth Center. Claudia Jones, Director of slaughterhouses or Stockyards [33].Dubuque Main St., spoke stating that it was (47) Compounding, processing, anda positive use of the property. Peggy Kaune, packaging of chemical products, but notpart owner, and Herb Bisping, Realtor, spoke including highly flammable or explosiverequesting favorable rezoning. materials [33]. (48) Manufacture, assembly, repair or storageAn Ordinance Amending Zoning Map by of electrical and electronic products,reclassifying property located at 1320 Locust components, or equipment [33].Street from OR Office Residential District to (49) Laboratories for research or engineeringC-4 Downtown Commercial District, said [33].rezoning denied by Zoning Advisory (50) Warehousing and storage facilities [33].Commission, first reading only of the (51) Manufacture or assembly of musicalOrdinance given on 2-19-96, now presented instruments; toys; watches or clocks; medical,for further action. Council Member Nicholson dental, optical, or similar scientificmoved that the Public Hearing be closed on instruments; orthopedic or medical appliances;this matter and that it be tabled for one month signs or billboards [33].with applicant directed to submit a list of C-4 (52) Manufacturing, compounding, assemblypermitted uses. Seconded by Council Member or treatment of articles or products from theMichalski. Carried by the following vote: following substances: clothing or textiles;Yeas—Mayor Duggan, Council Members rubber; precious or semi-precious stones orBuol, Krieg, Michalski, Nicholson, Robbins, metals; wood; plastics; paper; leather; fiber;Voetberg. Nays—None. glass; hair; wax; sheet metal; concrete, feathers; fur; and cork [33].Proof of publication certified to by the (53) Manufacture, storage or processing of thePublisher on notice of public hearing to following products or materials; glue,consider conveying City's interest in Lots 4 petroleum products or any flammable liquid;and 9 in Ice Harbor Development to Dubuque asphalt or concrete products; explosiveCounty Historical Society, presented and read. materials of any type; structural steel andCouncil Member Buol moved that the foundry products; fertilizer, pharmaceuticalcommunication be received and filed. products, including cosmetics, toiletries, andSeconded by Council Member Robbins. soap; and stone products, including brick,Carried by the following vote: Yeas—Mayor building stone, and similar masonry materialsDuggan, Council Members Buol, Krieg, [33].Michalski, Nicholson, Robbins, Voetberg. [ ] Parking group - See Section 4-2 of thisNays—None. Ordinance. Section 2. This ordinance has heretoforeRESOLUTION NO. 72 - 96 been reviewed by the Zoning AdvisoryRESOLUTION DISPOSING OF INTEREST Commission of the City of Dubuque, Iowa.IN REAL PROPERTY BY THE CITY OF Section 3. This ordinance shall take effectDUBUQUE, IOWA immediately upon publication, as provided byWHEREAS, pursuant to Resolution and law.published notice of the time and place of Passed, approved and adopted this 4th dayhearing, published in the Telegraph Herald, a of March, 1996.newspaper of general circulation published in Terrance M. Duggan, Mayorthe city of Dubuque, Iowa, on the 23rd day of Attest: Mary A. Davis, City ClerkFebruary, 1996, the City Council of the City of Published officially in the Telegraph HeraldDubuque, Iowa, met on the 4th day of March, 1996, at 7:00 o'clock p.m. in the public library newspaper this 13th day of March, 1996. auditorium, 11th & Locust, Dubuque, Iowa, to 1t 3/13Mary A. Davis CMC, City Clerk consider the disposal of the City's interest in Council Member Voetberg moved adoption real property to be known as Lots 3, 4, 5, 6, 9 of the Ordinance. Seconded by Council and 10, Ice Harbor Development, as shown on Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Councilthe final plat thereof; Members Buol, Krieg, Michalski, Nicholson,WHEREAS, the City Council of the City of Robbins, Voetberg. Nays—None. Dubuque, Iowa, overruled any and all objections, oral or written, to the disposal of Proof of publication certified to by thesuch interest in the above-described real Publisher on notice of public hearing toproperty, consider rezoning property located at 1320NOW THEREFORE, BE IT RESOLVED Locust Street from OR to C-4 District,BY THE CITY COUNCIL OF THE CITY OF presented and read. Council MemberDUBUQUE, IOWA: Nicholson moved that the proof be receivedSection 1. The disposal of the interest of and filed. Seconded by Council Member Buol.the City of Dubuque, Iowa, in the foregoing- described real property is hereby approved. Carried by the following vote: Yeas—Mayor Section 2. The Mayor is authorized and Duggan, Council Members Buol, Krieg, directed to execute deeds conveying the City's Michalski, Nicholson, Robbins, Voetberg. interest in Lot 4 and Lot 9 and easements over Nays—None. Lots 3, 5, 6 and 10, as shown by the Warranty Deed attached hereto, to the Dubuque County Loren Kringle, owner of the property, spoke Historical Society in exchange for deeds to the requesting favorable reclassification of the Regular Session, March 4, 1996 property owned by the Dubuque CountyCouncil Members Buol, Krieg, Michalski, Historical Society.Nicholson, Robbins, Voetberg. Nays—None. Section 3. The City Clerk is authorized and directed to record a certified copy of thisRESOLUTION NO. 73-96 Resolution in the offices of the City Assessor,PRELIMINARY APPROVAL OF PLANS Dubuque County Recorder, and the DubuqueAND SPECIFICATIONS County Auditor.NOW THEREFORE, BE IT RESOLVED Passed, approved and adopted this 4th dayBY THE CITY COUNCIL OF THE CITY OF of March, 1996.DUBUQUE, IOWA: Terrance M. Duggan, MayorThat the proposed plans, specifications, Attest: Mary A. Davis, City Clerkform of contract and estimated cost for the Council Member Buol moved adoption ofU.S. 20 - Dodge Street Sanitary Relocation - the Resolution. Seconded by Council MemberBluff to Grandview, in the estimated amount of Robbins. Carried by the following vote:$366,087.05, are hereby approved and Yeas—Mayor Duggan, Council Membersordered filed in the office of the City Clerk for Buol, Krieg, Michalski, Nicholson, Robbins,public inspection. Voetberg. Nays—None. Passed, adopted and approved this 4th day of March, 1996. Environmental Stewardship AdvisoryTerrance M. Duggan, Mayor Commission requesting feedback andAttest: Mary A. Davis, City Clerk direction regarding development of aCouncil Member Voetberg moved adoption Riverfront Plan, presented and read. of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Mike Buelow, Chair of the Commission,Yeas—Mayor Duggan, Council Members spoke requesting confirmation of theirBuol, Krieg, Michalski, Nicholson, Robbins, direction. Bob Felderman spoke stressingVoetberg. Nays—None. appreciation to Laura Carstens and Mary Rose Corrigan.RESOLUTION NO. 74-96 FIXING DATE OF HEARING ON PLANS Council Member Voetberg moved that theAND SPECIFICATIONS communication be received and filed.Whereas, the City Council of the City of Seconded by Council Member Nicholson.Dubuque, Iowa has given its preliminary Carried by the following vote: Yeas—Mayorapproval on the proposed plans, Duggan, Council Members Buol, Krieg,specifications, and form of contract and Michalski, Nicholson, Robbins, Voetberg.placed same on file in the office of the City Nays—None. Clerk for public inspection of the U.S. 20 - Dodge Street Sanitary Relocation - Bluff to City Manager providing update on status ofGrandview. contract for management services at Keyline,NOW THEREFORE, BE IT RESOLVED presented and read. Council MemberBY THE CITY COUNCIL OF THE CITY OF Nicholson moved that the communication beDUBUQUE, IOWA: received and filed and approvedThat on the 18th day of March, 1996, a recommendation to hire a Transit Manager aspublic hearing will be held at 7:00 p.m. in the a City employee. Seconded by CouncilPublic Library Auditorium at which time Member Robbins. Carried by the followinginterested persons may appear and be heard vote: Yeas—Mayor Duggan, Councilfor or against the proposed plans and Members Buol, Krieg, Michalski, Nicholson,specifications, form of contract and cost of Robbins, Voetberg. Nays—None. said improvement, and the City Clerk be and is hereby directed to cause a notice of time City Manager recommending City ofand place of such hearing to be published in a Dubuque join with other cities through ournewspaper having general circulation in the Washington, D.C. attorneys to file commentsCity of Dubuque, Iowa, which notice shall be regarding FCC Rulemaking, presented andnot less than four days nor more than twenty read. Council Member Nicholson moved thatdays prior to the day fixed for its consideration. the communication be received and filed andAt the hearing, any interested person may approved the recommendation. Seconded byappear and file objections to the proposed Council Member Krieg. Carried by theplans, specifications, contract, or estimated following vote: Yeas—Mayor Duggan, Councilcost of the improvement. Members Buol, Krieg, Michalski, Nicholson,Passed, adopted and approved this 4th day Robbins, Voetberg. Nays—None. of March, 1996. Terrance M. Duggan, Mayor City Manager submitting documentsAttest: providing for the bidding process forMary A. Davis, City Clerk construction of U.S. #20 - Dodge StreetCouncil Member Voetberg moved adoption Sanitary Sewer Relocation - Bluff toof the Resolution. Seconded by Council Grandview, presented and read. CouncilMember Krieg. Carried by the following vote: Member Voetberg moved that theYeas—Mayor Duggan, Council Members communication be received and filed.Buol, Krieg, Michalski, Nicholson, Robbins, Seconded by Council Member Krieg. CarriedVoetberg. Nays—None. by the following vote: Yeas—Mayor Duggan, RESOLUTION NO. 75-96 Regular Session, March 4, 1996 ORDERING BIDSand certified copy of this resolution in the NOW THEREFORE, BE IT RESOLVEDoffice of the Recorder, in and for Dubuque BY THE COUNCIL OF THE CITY OFCounty, Iowa. DUBUQUE, IOWA:Passed, approved and adopted this 4th day That the U.S. 20 - Dodge Street Sanitaryof March, 1996. Relocation - Bluff to Grandview is herebyTerrance M. Duggan, Mayor ordered to be advertised for bids forAttest: Mary A. Davis, City Clerk construction.Council Member Voetberg moved adoption BE IT FURTHER RESOLVED, that theof the Resolution. Seconded by Council amount of the security to accompany each bidMember Buol. Carried by the following vote: shall be in an amount which shall conform toYeas—Mayor Duggan, Council Members the provisions of the notice to bidders herebyBuol, Krieg, Michalski, Nicholson, Robbins, approved as a part of the plans andVoetberg. Nays—None. specifications heretofore adopted. That the City Clerk is hereby directed toAn Ordinance Vacating portion of Pine St. advertise for bids for the construction of thebetween 9th & 10th Streets, presented and improvements herein provided, to be publishedread. in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall(OFFICIAL PUBLICATION) not be less than four days nor more thanORDINANCE NO. 14-96 twenty days prior to the receipt of said bids atORDINANCE VACATING A PORTION OF 2:00 p.m. on the 13th March, 1996. Bids shallPINE STREET BETWEEN 9TH AND 10TH be opened and read by the City Clerk at saidSTREETS time and will be submitted to the Council forWhereas, the Iowa Department of final action at 7:00 p.m. on the 18th day ofTransportation has requested the vacating of March, 1996.a portion of Pine Street between 9th and 10th Passed, adopted and approved this 4th dayStreets; and of March, 1996.Whereas, the City of Dubuque has Terrance M. Duggan, Mayorprepared and submitted to the City Council a Attest: Mary A. Davis, City Clerkplat showing the vacated portion of Pine Street Council Member Voetberg moved adoptionbetween 9th and 10th Streets and assigned a of the Resolution. Seconded by Councillot number thereto, which hereinafter shall be Member Krieg. Carried by the following vote:known and described as City Lot 506C in the Yeas—Mayor Duggan, Council MembersCity of Dubuque, Dubuque County, Iowa; Buol, Krieg, Michalski, Nicholson, Robbins,Whereas, the City Council of the City of Voetberg. Nays—None. Dubuque, Iowa has determined that City Lot 506C is no longer required for public use, City Manager recommending to vacate aexcept for utility easements as noted, and portion of Pine St. between 9th & 10th Streets,vacating of said portions of Pine Street known presented and read. Council Memberas City Lot 506C in the City of Dubuque, Voetberg moved that the communication beDubuque County, Iowa should be approved. received and filed. Seconded by CouncilNOW, THEREFORE, BE IT ORDAINED Member Buol. Carried by the following vote:BY THE CITY COUNCIL OF THE CITY OF Yeas—Mayor Duggan, Council MembersDUBUQUE, IOWA: Buol, Krieg, Michalski, Nicholson, Robbins,Section 1. That the real estate described Voetberg. Nays—None. as City Lot 506C in the City of Dubuque, Iowa, be and the same is hereby vacated. RESOLUTION NO. 76-96Passed, approved and adopted this 4th day RESOLUTION APPROVING PLAT OFof March, 1996. CITY LOT 506CTerrance M. Duggan, Mayor Whereas, there has been presented to theAttest: Mary A. Davis, City Clerk City Council of the City of Dubuque, Iowa, aPublished officially in the Telegraph Herald plat dated February 29, 1996, prepared by the newspaper this 8th day of March, 1996. City of Dubuque, describing the proposed1t 3/8Mary A. Davis CMC, City Clerk vacated portion of Pine Street between 9thCouncil Member Voetberg moved that the and 10th Streets; andrequirement that a proposed Ordinance be Whereas, said plat conforms to the lawsconsidered and voted on for passage at two and statutes pertaining thereto.Council Meetings prior to the meeting at which NOW, THEREFORE, BE IT RESOLVEDit is to be finally passed be suspended. BY THE CITY COUNCIL OF THE CITY OFSeconded by Council Member Buol. Carried DUBUQUE, IOWA:by the following vote: Yeas—Mayor Duggan, Section 1. That the plat dated February 29,Council Members Buol, Krieg, Michalski, 1996, prepared by the City of Dubuque,Nicholson, Robbins, Voetberg. Nays—None. relative to the real estate hereinabove Council Member Voetberg moved final described be and the same is hereby consideration and passage of the Ordinance. approved, and the Mayor and City Clerk be Seconded by Council Member Buol. Carried and they are hereby authorized and directed to by the following vote: Yeas—Mayor Duggan, execute said plat for and on behalf of the City Council Members Buol, Krieg, Michalski, of Dubuque, Iowa. Nicholson, Robbins, Voetberg. Nays—None. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat RESOLUTION NO. 77-96 Regular Session, March 4, 1996 RESOLUTION DISPOSING OF CITYNays—None. The meeting adjourned at 10:32 INTEREST IN CITY LOT 506C IN THE CITYp.m. OF DUBUQUE, IOWA Whereas, the Iowa Department ofMary A. Davis CMC Transportation has requested the vacating ofCity Clerk Pine Street between 9th and 10th Streets; and Whereas, the City of Dubuque has prepared and submitted to the City Council aApproved , 1997 plat showing the vacated portion of Pine Street between 9th and 10th Streets and assigned aAdopted , 1997 lot number thereof, which hereinafter shall be known and described as City Lot 506C in the Mayor City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Pine Street between 9th and 10th Streets is no longer required for public use, except for utility easements as noted, and vacating and sale of said portions of alleys and Council Members streets known as City Lot 506C in the City ofAttest: Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVEDCity Clerk BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in City Lot 506C in the City of Dubuque, Iowa. Section 2. That the conveyance of City Lot 506C in the City of Dubuque, Iowa to the Iowa Department of Transportation be contingent upon the payment of $1.00, plus platting, publication and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause and notice of intent to dispose of said real estate in the manner as prescribed by law. Passed, approved and adopted this 4th day of March, 1996. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. At 9:49 p.m., Council Member Nicholson moved to go into Closed Session in accordance with Ch. 21.5.1(J) to discuss purchase of real estate where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. At 10:31 Council reconvened in Regular Session. The Mayor announced Staff had been given further direction. There being no further business, Council Member Krieg moved to adjourn the meeting. Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Special Session, March 6, 1996 by the following vote: Yeas—Mayor Duggan, DUBUQUE Council Members Buol, Michalski, Robbins. Nays—None. Absent—Council Member Krieg, Nicholson, Voetberg. CITY COUNCIL Council Member Robbins moved that $5000 be removed from the Human Rights OFFICIAL budget regarding the financing of the Fair PROCEEDINGS Housing Video. Seconded by Council Member Buol. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Robbins. Nays—Council Member Fiscal Year 1997 Budget Public Hearing Michalski. Absent—Council Member Krieg, Special Session, City Council, March 6, 1996. Nicholson, Voetberg. Council Met at 7:05 p.m., Public Library Auditorium RESOLUTION NO. 78-96 Present: Mayor Duggan, Council Members A RESOLUTION ADOPTING THE ANNUAL Buol, Michalski, Robbins, City Manager BUDGET AS AMENDED FOR THE FISCAL Michael Van Milligen, Corporation Counsel YEAR ENDING JUNE 30, 1997 Barry Lindahl. NOW THEREFORE, BE IT RESOLVED Absent: Council Members Krieg, BY THE CITY COUNCIL OF THE CITY OF Nicholson, Voetberg. DUBUQUE, IOWA: Section 1. That the annual budget as Mayor Duggan read the call and stated this amended for the fiscal year ending June 30, is a Special Session of the City Council called 1997, as set forth in the Adoption of Budget for the purpose to conduct a public hearing on and Certification of Taxes summary and the Fiscal Year 1997 Budget and 5 Year supporting state budget forms and in the Capital Improvement Program Budget and detailed budget in support thereof showing the acting upon such other business which may revenue estimates and appropriation properly come before the Council. expenditures and allocations to programs and activities for said fiscal year is adopted, and PUBLIC HEARING ON FISCAL YEAR 1996 the City Clerk is directed to make the filings BUDGET required by law and to set up the books in Proof of publication certified to by the accordance with the summary and details as Publisher on Notice of Public Hearing on adopted. Budget Estimate for FY '97 and Proof of Passed, approved and adopted this 6th day Publication on Notice certified to by the of March, 1996. Publisher of Public Hearing on Five Year Terrance M. Duggan, Mayor Capital Improvement Program beginning July Attest: Mary A. Davis, City Clerk 1, 1996 through Fiscal Year beginning July 1, Council Member Robbins moved adoption 2000, presented and read. Council Member of the Resolution as amended. Seconded by Robbins moved that the proofs be received Council Member Michalski. Carried by the and filed. Seconded by Council Member Buol. following vote: Yeas—Mayor Duggan, Council Carried by the following vote: Yeas—Mayor Members Buol, Michalski, Robbins. Duggan, Council Members Buol, Michalski, Nays—None. Absent—Council Member Krieg, Robbins. Nays—None. Absent—Council Nicholson, Voetberg. Member Krieg, Nicholson, Voetberg. RESOLUTION NO. 79-96 Council Member Robbins moved that the ADOPTION OF FIVE YEAR CAPITAL rules be suspended to allow anyone present to IMPROVEMENT PROGRAM address the Council. Seconded by Council Whereas, a recommended five year Capital Member Buol. Carried by the following vote: Improvement Program for the period beginning Yeas—Mayor Duggan, Council Members July 1, 1996 and ending June 30, 2001 for the Buol, Michalski, Robbins. Nays—None. City of Dubuque has been prepared and Absent—Council Member Krieg, Nicholson, submitted to the City Council; and Voetberg. Whereas, the five year Capital Improvement Program: (1) describes specific Solicitation of public comments was made capital improvement projects; (2) provides by Mayor Duggan for the proposed budget for estimated costs for those projects; (3) each department. proposes sources of funds for each of them; and (4) schedules the year during which each Airport Commissioner Doug Brotherton project will be undertaken; and requested that two parttime Airport employees Whereas, the capital improvement projects be made full time, proposing to increase fuel for the first year are included in the Fiscal Year prices to make up the required $8100. Council 1997 budget for the City of Dubuque; and Member Robbins moved that it be resolved to Whereas, the five year Capital fund $8,114.00 for two full time Line Service Improvement Program will be reconsidered Technicians from property tax funding. Seconded by Council Member Buol. Carried Special Session, March 6, 1996 annually by the City Council and appropriatelyAbsent—Council Member Krieg, Nicholson, revised; andVoetberg. Whereas, the adoption of the five year Capital Improvement Program is a prudentAt 8:18 p.m. Council reconvened in measure to provide continuity of programs andRegular Session with statement that Staff had is in the best interest of the City of Dubuque.been given proper direction. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFThere being no further business, Council DUBUQUE, IOWA:Member Buol moved to adjourn the meeting. Section 1. That the five year CapitalSeconded by Council Member Michalski. Improvement Program for the period beginningCarried by the following vote: Yeas—Mayor July 1, 1996 as set out in the Fiscal YearDuggan, Council Members Buol, Michalski, 1997-2001 Recommended CapitalRobbins. Nays—None. Absent—Council Improvement Budget as amended is herebyMember Krieg, Nicholson, Voetberg. approved and adopted as the proposed allocation of the City resources for capitalThe meeting adjourned at 8:19 p.m. improvements as scheduled in the years shown, subject to annual review and revision.Mary A. Davis CMC Passed, approved and adopted this 6th dayCity Clerk of March, 1996. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City ClerkApproved , 1997 Council Member Robbins moved adoption as amended of the Resolution. Seconded byAdopted , 1997 Council Member Michalski. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Michalski, Robbins. Nays—None. Absent—Council Member Krieg,Mayor Nicholson, Voetberg. City Manager submitting two ordinances regarding charges for monthly solid waste fee and allowing generic paper yard waste bags, presented and read. Council Member Robbins moved that the communication be received and filed. Seconded by Council Member Buol. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Michalski, Robbins. Nays—None. Absent—Council Member Krieg, Nicholson, Voetberg. Council Members An Ordinance Establishing Charges forAttest: collection and disposal of solid waste and recyclable materials changing the fee from $7.50 per dwelling unit per month to $7.25City Clerk (effective July 1, 1996) and an Ordinance Enacting a new Section 40-39 paragraph (d) in lieu thereof relating to yard waste bags, containers and tying devices and establishing fees therefor (effective July 1, 1996), presented and read. Council Member Robbins moved that this be considered the first reading of the Ordinances. Seconded by Council Member Buol. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Michalski, Robbins. Nays—None. Absent—Council Member Krieg, Nicholson, Voetberg. At 7:51 p.m. Council Member Robbins moved that it be resolved to go into Closed Session in accordance with Chapter 21.5 1.(j) to discuss the purchase of particular real estate where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. Seconded by Council Member Michalski. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Michalski, Robbins. Nays—None. Regular Session, March 18, 1996 Council Member Nicholson. Carried by the DUBUQUE following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins. Nays—None. CITY COUNCIL Absent—Council Member Voetberg. NOTICES OF CLAIMS/SUITS — Bruce & OFFICIAL Theresa Frommelt in amount of $3,435.00 for PROCEEDINGS water damages; Candace Humphrey in amount of $111.33 for vehicle damages; Steve Ruden in amount of $507.00 for property damages; Cory Schlitter in amount of City Council, Regular Session, March 18, $2,856.83 for vehicle damages; Jane Smith in 1996. amount of $31.80 for vehicle damages; State Council Met at 7:00 p.m., Public Library Farm Ins. submitting subrogation claim on Auditorium. behalf of their client Sarah & Todd Moening- Present: Mayor Duggan, Council Members Swanson in amount of $3,181.25 for vehicle Buol, Krieg, Michalski, Nicholson, Robbins, damages, presented and read. Council City Manager Michael Van Milligen, Assistant Member Krieg moved that the claims and suits City Attorney James (Tim) O'Brien. be referred to the Legal Staff for investigation Absent: Council Member Voetberg. and report. Seconded by Council Member Nicholson. Carried by the following vote: Mayor Duggan read the call and stated this Yeas—Mayor Duggan, Council Members is the Regular Session of the City Council Buol, Krieg, Michalski, Nicholson, Robbins. called for the purpose to act upon such Nays—None. Absent—Council Member business which may properly come before the Voetberg. Council. Corporation Counsel advising following Invocation was given by Rev. Tom Albin, claims have been referred to Crawford & Pastor of Center Grove and Rockdale United Company, the agent for the Iowa Communities Methodist Churches. Assurance Pool: Violation of civil rights of Brandie J. Wells; Violation of civil rights by PROCLAMATION — Week of March 17th Susan K. Wells, presented and read. Council as "Family Child Care Provider's Week" Member Krieg moved that the communications received by Kathy O'Neill. be received and filed. Seconded by Council Member Nicholson. Carried by the following MINUTES SUBMITTED — Housing Code vote: Yeas—Mayor Duggan, Council Appeals Bd. of 1-16 & 2-20; Housing Members Buol, Krieg, Michalski, Nicholson, Commission Trust fund Committee of 2-29; Robbins. Nays—None. Absent—Council Transit Trustee Board of 1-11 & 2-15; Zoning Member Voetberg. Advisory Commission of 3-6; Zoning Board of Adjustment of 2-22, presented and read. Corporation Counsel recommending Council Member Krieg moved that the minutes denials of car damage claim of Maxine be received and filed. Seconded by Council Biedermann and car damage claim of Duane Member Nicholson. Carried by the following Bries, presented and read. Council Member vote: Yeas—Mayor Duggan, Council Members Krieg moved that the communication be Buol, Krieg, Michalski, Nicholson, Robbins. received and filed and approved denial. Nays—None. Absent—Council Member Seconded by Council Member Nicholson. Voetberg. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Dubuque Racing Association, LTD. Michalski, Nicholson, Robbins. Nays—None. submitting their Financial Statement for time Absent—Council Member Voetberg. ending November 30, 1995, presented and read. Council Member Krieg moved that the Corporation Counsel recommending Statement be received and filed. Seconded by settlement of property damage claim of Ralph Council Member Nicholson. Carried by the Weinbender in the amount of $657.55 and following vote: Yeas—Mayor Duggan, direct Finance Director to issue proper check, Council Members Buol, Krieg, Michalski, presented and read. Council Member Krieg Nicholson, Robbins. Nays—None. moved that the communication be received Absent—Council Member Voetberg. and filed and approved settlement and directed Finance Director to issue the proper Finance Director submitting Financial check. Seconded by Council Member Report for month ending 2-29-96; Proof of Nicholson. Carried by the following vote: publication certified to by the Publisher on List Yeas—Mayor Duggan, Council Members of Claims paid for month ending 1-31-96; Buol, Krieg, Michalski, Nicholson, Robbins. and Proof of publication certified to by the Nays—None. Absent—Council Member Publisher on publishing Council proceedings Voetberg. for meeting of 2-19 & 2-26-95, presented and read. Council Member Krieg moved that the REFUNDS REQUESTED—Pusateri proofs be received and filed. Seconded by Enterprise, Inc. $225.00 on unexpired Liquor Regular Session, March 18, 1996 License, presented and read. Council MemberCity Manager advising of authorizing Krieg moved that the refund be approved andDepository Institutions for City funds, Finance Director to issue proper check.presented and read. Council Member Krieg Seconded by Council Member Nicholson.moved that the communication be received Carried by the following vote: Yeas—Mayorand filed. Seconded by Council Member Duggan, Council Members Buol, Krieg,Nicholson. Carried by the following vote: Michalski, Nicholson, Robbins. Nays—None.Yeas—Mayor Duggan, Council Members Absent—Council Member Voetberg. Buol, Krieg, Michalski, Nicholson, Robbins. Nays—None. Absent—Council Member Thunderfest 1996 requesting permission toVoetberg. display fireworks at 10:30 P.M. on Sunday, June 16, 1996; Dubuque Golf & Country ClubRESOLUTION NO. 80-96 requesting fireworks display on their groundsRESOLUTION NAMING DEPOSITORIES at 9:00 p.m. on July 4, 1996, presented andRESOLVED, that the City Council of the read. Council Member Krieg moved that theCity of Dubuque, Iowa approves the following request be approved subject to implementationlist of financial institutions to be depositories of of the City Manager. Seconded by Councilthe City of Dubuque, Iowa funds in Member Nicholson. Carried by the followingconformance with all applicable provisions of vote: Yeas—Mayor Duggan, CouncilIowa code Chapter 453.2. The City Treasurer Members Buol, Krieg, Michalski, Nicholson,is hereby authorized to deposit the City of Robbins. Nays—None. Absent—CouncilDubuque, Iowa funds in amounts not to Member Voetberg. exceed the maximum approved for each respective financial institution as set out John & Doris Kivlahan requesting voluntarybelow. annexation of their property adjacent to theLocation ofMaximum City in Helen & Mary Stewart Subdivision,Depository NameHome Office presented and read. Council Member KriegBalance moved that the request be referred to the CityAmerican Trust & Savings Bank Manager. Seconded by Council MemberDubuque, Iowa$40,000,000 Nicholson. Carried by the following vote: Dubuque Bank & Trust Co. Yeas—Mayor Duggan, Council MembersDubuque, Iowa$40,000,000 Buol, Krieg, Michalski, Nicholson, Robbins.Mercantile Bank of Dubuque Nays—None. Absent—Council MemberDubuque, Iowa$40,000,000 Voetberg. Firstar Bank, FSBDubuque, Iowa $10,000,000 City Manager recommending approval ofDUPACO Community Credit Union the usage agreement with the NorthwoodsDubuque, Iowa$10,000,000 League, Inc. for Petrakis Field and requestingCERTIFICATION, I hereby certify that the authorization to execute, presented and read.foregoing is a true and correct copy of a Council Member Krieg moved that theresolution of the City Council of Dubuque, communication be received and filed andIowa adopted at a meeting of said public body, approved the Agreement. Seconded byduly called and held on the 18th day of March, Council Member Nicholson. Carried by the1996 a quorum being present, as said following vote: Yeas—Mayor Duggan,resolution remains a record in the minutes of Council Members Buol, Krieg, Michalski,said meeting, and it is now in full force and Nicholson, Robbins. Nays—None.effect. Absent—Council Member Voetberg. Dated this 18th day of March, 1996. Mary A. Davis City Manager recommending approval ofCity Clerk two requests from Dubuque RacingCouncil Member Krieg moved adoption of Association to expend $4,200 for additionalthe Resolution. Seconded by Council Member office space and $25,200 to replace the raceNicholson. Carried by the following vote: track, presented and read. Council MemberYeas—Mayor Duggan, Council Members Nicholson moved that the recommendation beBuol, Krieg, Michalski, Nicholson, Robbins. approved. Seconded by Council MemberNays—None. Absent—Council Member Robbins. Carried by the following vote: Voetberg. Yeas—Mayor Duggan, Council Members Buol, Michalski, Nicholson, Robbins.City Advisory Commission advising of their Nays—None. Abstain—Council Memberapproval of final plat for Key Gate Center No. Krieg. Absent—Council Member Voetberg. 3, presented and read. Council Member Krieg City Manager advising the Dubuquemoved that the communication be received Housing Services Department has received aand filed. Seconded by Council Member Certification of Appreciation from U.S.Nicholson. Carried by the following vote: Department of Defense, presented and read.Yeas—Mayor Duggan, Council Members Council Member Krieg moved that theBuol, Krieg, Michalski, Nicholson, Robbins. communication be received and filed.Nays—None. Absent—Council Member Seconded by Council Member Nicholson.Voetberg. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg,RESOLUTION NO. 81-96 Michalski, Nicholson, Robbins. Nays—None.A RESOLUTION APPROVING THE FINAL Absent—Council Member Voetberg. PLAT OF LOT 2, LOT C AND LOT D OF Regular Session, March 18, 1996 KEY GATE CENTER NO. 3 IN THE CITYAnd further provided that said Robert and OF DUBUQUE, IOWA.Ruth Kehl, as owners of said property, shall Whereas, there has been filed with the Citysecure the performance of the foregoing Clerk a final plat of Lot 2, Lot C and Lot D ofconditions provided in this Section by Key Gate Center No. 3 in the City of Dubuque,providing guarantees in such form and with Iowa; andsuch sureties as may be acceptable to the City Whereas, upon said final plat appearManager of the City of Dubuque, Iowa. street(s) to be known as Flint Hill Drive,Section 3. Sidewalk installation shall be the together with certain public utility and sewerresponsibility of the owner of the property easements which the owners by said final platabutting the public right-of-way, as required by have dedicated to the public forever; andCity Code 41-161 through 41-164. The Whereas, the final plat has been examinedresponsibility shall extend to all successors, by the Zoning Advisory Commission and hadheirs and assignees. Sidewalk installation will its approval endorsed thereon; andnot be required until the development of the lot Whereas, said final plat has beenhas been completed. All vacant lots shall have examined by the City Council and they findsidewalks installed upon development of 80% that it conforms to the statutes and ordinancesof the lots approved by the plat. relating to it, except that no streets or publicSection 4. That storm water detention utilities have yet been constructed or installed;facilities shall be a requirement of each site andplan submitted to the City for the development Whereas, the City Council concurs in theby the owners of said lots, which responsibility conditions of approval established by thefor construction and maintenance shall be that Zoning Advisory Commission and the Cityof the owners of said lots and extend to all Planner.successors, heirs, and assigns. The sizing of NOW, THEREFORE, BE IT RESOLVEDthe detention facilities shall, in addition to BY THE CITY COUNCIL OF THE CITY OFdetaining the site water, also incorporate and DUBUQUE, IOWA:detain the impervious area of the abutting Flint Section 1. That the dedications of Flint HillHill Drive. Drive, together with the easements for publicStorm water detention facilities shall be utilities and storm sewer as they appear upondesigned by a registered civil engineer and said final plat, be and the same are herebyshall be designed to detain the 2, 10 and 100 accepted; andyear storm recurrence intervals to the Section 2. That the plat of Lot 2, Lot C andpredeveloped condition of each lot. Lot D of Key Gate Center No. 3 is herebySection 5. That final acceptance of all approved and the Mayor and City Clerk arepublic improvements shall occur upon hereby authorized and directed to endorse thecertification of the City Engineer to the City approval of the City of Dubuque, Iowa, uponCouncil that all public improvements have said final plat, provided the owners of saidbeen completed in accordance with the property herein named, execute their writtenimprovement plans and City standard acceptance hereto attached agreeing:specifications and accepted by City Council a. To reduce Flint Hill Drive to grade and toResolution. construct concrete curb and gutter and to hardSection 6. That in the event Robert and surface with asphaltic concrete, or withRuth Kehl shall fail to execute the acceptance concrete paving with integral curb, all inand furnish the guarantees provided in Section accordance with the City of Dubuque standard2 hereof within 45 days after the date of this specifications, all in a manner acceptable toResolution, the provisions hereof shall be null the City Engineer, and in conformance withand void and the acceptance of the dedication construction improvement plans approved byand approval the plat shall not be effective. the City Engineer, and inspected by the CityPassed, approved and adopted this 18th Engineer.day of March, 1996. b. To install sanitary sewer mains and sewerTerrance M. Duggan, Mayor service laterals into each individual lot, waterATTEST: Mary A. Davis, City Clerk mains and water service laterals into eachCouncil Member Krieg moved adoption of individual lot, storm sewers and catch basins,the Resolution. Seconded by Council Member boulevard street lighting and erosion controlNicholson. Carried by the following vote: devices all in accordance with the City ofYeas—Mayor Duggan, Council Members Dubuque standard specifications, all in aBuol, Krieg, Michalski, Nicholson, Robbins. manner acceptable to the City Engineer, andNays—None. Absent—Council Member in accordance with construction improvementVoetberg. plans approved by the City Engineer, and inspected by the City Engineer.Copy of letters sent by the City Manager, to c. To construct said improvements, prior toarea legislators, expressing concern with the two (2) year(s) from the date of acceptance ofprovisions of Senate File 2241 and House File this resolution, at the sole expense of the2153, presented and read. Council Member owners, or future owners;Krieg moved that the communication be d. To maintain the public improvements, for areceived and filed. Seconded by Council period of two (2) years from the date of theMember Nicholson. Carried by the following acceptance of those improvements by the Cityvote: Yeas—Mayor Duggan, Council of Dubuque, Iowa, at the sole expense of theMembers Buol, Krieg, Michalski, Nicholson, owners, or future owners;Robbins. Nays—None. Absent—Council Member Voetberg. Regular Session, March 18, 1996 HISTORIC PRESERVATION COMMISSION: National League of Cities advising thatApplicant Pamela Bradford. Council Member Dan Nicholson has been appointed to serve on the Transportation andZONING BOARD OF ADJUSTMENT: Communications Policy Committee for the1 5-Year term which will expire 3-25-01 year 1996, presented and read. Council(term of V. Bechen). Applicant: Vicki Member Krieg moved that the communicationBechen. Council Member Nicholson moved be received and filed. Seconded by Councilthat Vicki Bechen reappointed for a term Member Nicholson. Carried by the followingwhich will expire 3-25-01. Seconded by vote: Yeas—Mayor Duggan, CouncilCouncil Member Robbins. Carried by the Members Buol, Krieg, Michalski, Nicholson,following vote: Yeas—Mayor Duggan, Robbins. Nays—None. Absent—CouncilCouncil Members Buol, Krieg, Michalski, Member Voetberg. Nicholson, Robbins. Nays—None. Absent—Council Member Voetberg. RESOLUTION NO. 82-96 Whereas, applications for Liquor LicensesAIRPORT ZONING BOARD OF have been submitted to this Council forADJUSTMENT: approval and the same have been examinedTwo "City" terms which will expire 2-15- and approved; and2001. Whereas, the premises to be occupied byApplicants James Bauerly and Vicki such applicants were inspected and found toBechen. Council Member Nicholson moved comply with the State Laws and all Citythat James Bauerly and Vicki Bechen be Ordinances relevant thereto and they haveappointed to terms which will expire 2-15-01. filed proper bonds.Seconded by Council Member Robbins. NOW, THEREFORE, BE IT RESOLVEDCarried by the following vote: Yeas—Mayor BY THE CITY COUNCIL OF THE CITY OFDuggan, Council Members Buol, Krieg, DUBUQUE, IOWA:Michalski, Nicholson, Robbins. Nays—None. That the Manager be authorized to cause toAbsent—Council Member Voetberg. be issued the following named applicants a Liquor License.Council Member Robbins moved that the CLASS "B" (HOTEL/MOTEL)rules be suspended to allow anyone present to LIQUOR LICENSEaddress the Council. Seconded by Council Dubuque Historic ImprvMember Nicholson. Carried by the following The Redstone Inn+(Sunday Sales)vote: Yeas—Mayor Duggan, Council 504 BluffMembers Buol, Krieg, Michalski, Nicholson, CLASS "C" (COMMERCIAL)Robbins. Nays—None. Absent—Council BEER & LIQUOR LICENSEMember Voetberg. Dubuque Racing Assoc DBQ Greyhound Park/Casino+(Sunday &Proof of publication certified to by the Outdoor)\1855 Greyhound DrPublisher on Notice of Hearing on Plans and The Yardarm Inc. Specifications for construction of 1996 P.C.C. Yardarm Rest & Bar +(Sunday & OutdoorPaving Project - Ramona Street and Pamela Serv)1201 Shiras Ext.Court and Proof of publication certified to by Greater DBQ Riverboat Entr. Diamond Jothe Publisher on Notice of Hearing to known Casino Portside+(Sunday & Outdoor)property owners; City Manager 400 E. 3rd STrecommending to proceed with the bidding Passed, approved and adopted this 18thprocedure for project and Lesley Stephens, day of March, 1996Principal of Bryant School, suggesting Terrance M. Duggan, Mayorsidewalk along Ramona St. be extended along Attest: Mary A. Davis, City Clerkthe east side of the street only, presented and Council Member Krieg moved adoption ofread. Council Member Buol moved that the the Resolution. Seconded by Council Memberproof and communication be received and Nicholson. Carried by the following vote:filed. Seconded by Council Member Yeas—Mayor Duggan, Council MembersNicholson. Carried by the following vote: Buol, Krieg, Michalski, Nicholson, Robbins.Yeas—Mayor Duggan, Council Members Nays—None. Absent—Council MemberBuol, Krieg, Michalski, Nicholson, Robbins. Voetberg. Nays—None. Absent—Council Member Voetberg. BOARDS AND COMMISSIONS Lesley Stephens, Principal of Bryant Applicants for following Commission invitedSchool, suggested that the school sidewalk to address the Council to express their desirealong Ramona St. be extended along the east to serve on that Board/Commission:side of the Street only. CIVIL SERVICE COMMISSION: RESOLUTION NO. 83-96 Applicants Merle J. Duehr, Jr. and GeraldRESOLUTION ADOPTING PLANS AND Udelhofen. Mr. Udelhofen spoke.SPECIFICATIONS COMMUNITY DEVELOPMENT ADVISORYWhereas, on the 15th day of February, COMMISSION: 1996, plans, specifications, form of contract Applicant Michael Kelley.and estimated cost were filed with the City Regular Session, March 18, 1996 Clerk of Dubuque, Iowa for the 1996 P.C.C.ordered to be advertised for bids for Paving Project - Ramona Street and Pamelaconstruction. Court.BE IT FURTHER RESOLVED, that the Whereas, notice of hearing on plans,amount of the security to accompany each bid specifications, form of contract, and estimatedshall be in an amount which shall conform to cost was published as required by law.the provisions of the notice to bidders hereby NOW THEREFORE, BE IT RESOLVEDapproved as a part of the plans and BY THE CITY COUNCIL OF THE CITY OFspecifications heretofore adopted. DUBUQUE, IOWA:That the City Clerk is hereby directed to That the said plans, specifications, form ofadvertise for bids for the construction of the contract and estimated cost are herebyimprovements herein provided, to be published approved as the plans, specifications, form ofin a newspaper having general circulation in contract and estimated cost for saidthe City of Dubuque, Iowa, which notice shall improvements for said project.not be less than four days nor more than Passed, adopted and approved this 18thtwenty days prior to the receipt of said bids at day of March, 1996.2:00 p.m. on the 4th day of April, 1996. Bids Terrance M. Duggan, Mayorshall be opened and read by the City Clerk at Attest: Mary A. Davis, City Clerksaid time and will be submitted to the Council Council Member Buol moved adoption offor final action at 7:00 p.m. on the 15th day of the Resolution. Seconded by Council MemberApril, 1996. Nicholson. Carried by the following vote: Passed, adopted and approved this 18th Yeas—Mayor Duggan, Council Membersday of March, 1996. Buol, Krieg, Michalski, Nicholson, Robbins.Terrance M. Duggan, Mayor Nays—None. Absent—Council MemberAttest: Mary A. Davis, City Clerk Voetberg. Council Member Buol moved adoption of the Resolution. Seconded by Council Member RESOLUTION NO. 84-96Nicholson. Carried by the following vote: RESOLUTION WITH RESPECT TO THEYeas—Mayor Duggan, Council Members ADOPTION OF THE RESOLUTION OFBuol, Krieg, Michalski, Nicholson, Robbins. NECESSITY PROPOSED FOR THE 1996Nays—None. Absent—Council Member P.C.C. PAVING PROJECT - RAMONAVoetberg. STREET AND PAMELA COURT Whereas, the City Council has proposed aProof of publication certified to by the Resolution of Necessity for the 1996 P.C.C.Publisher on Notice of Hearing on Plans and Paving Project - Ramona Street and PamelaSpecifications for construction of U.S. Hwy. Court, has given notice of the public hearing#20 - Dodge Street Sanitary Sewer Relocation thereon as required by law; and- Bluff to Grandview Ave., presented and read. Whereas, the public hearing has been held,Council Member Krieg moved that the proof be all persons offering objections have beenreceived and filed. Seconded by Council heard and consideration given to all objectionsMember Buol. Carried by the following vote: and is pending before this Council; andYeas—Mayor Duggan, Council Members Whereas, this is the time and place set asBuol, Krieg, Michalski, Nicholson, Robbins. provided for the taking of action on theNays—None. Absent—Council Member proposed Resolution of Necessity.Voetberg. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFRESOLUTION NO. 86-96 DUBUQUE, IOWA:RESOLUTION ADOPTING PLANS AND That the proposed Resolution of NecessitySPECIFICATIONS described above is hereby:Whereas, on the 28th day of February, Adopted, without amendment, and all1996, plans, specifications, form of contract objections filed or made having beenand estimated cost were filed with the City dully considered are overruled.Clerk of Dubuque, Iowa for the U.S. 20 - Passed, adopted and approved this 18thDodge Street Sanitary Relocation - Bluff to day of March, 1996.Grandview. Terrance M. Duggan, MayorWhereas, notice of hearing on plans, Attest: Mary A. Davis, City Clerkspecifications, form of contract, and estimated Council Member Buol moved adoption ofcost was published as required by law. the Resolution. Seconded by Council MemberNOW THEREFORE, BE IT RESOLVED Nicholson. Carried by the following vote: BY THE CITY COUNCIL OF THE CITY OF Yeas—Mayor Duggan, Council MembersDUBUQUE, IOWA: Buol, Krieg, Michalski, Nicholson, Robbins.That the said plans, specifications, form of Nays—None. Absent—Council Membercontract and estimated cost are hereby Voetberg. approved as the plans, specifications, form of contract and estimated cost for said RESOLUTION NO. 85-96improvements for said project. ORDERING BIDSPassed, adopted and approved this 18th NOW THEREFORE, BE IT RESOLVEDday of March, 1996. BY THE COUNCIL OF THE CITY OFTerrance M. Duggan, Mayor DUBUQUE, IOWA:Attest: Mary A. Davis, City Clerk That the 1996 P.C.C. Paving Project -Council Member Krieg moved adoption of Ramona Street and Pamela Court is herebythe Resolution. Seconded by Council Member Regular Session, March 18, 1996 Buol. Carried by the following vote: Carried by the following vote: Yeas—Mayor Yeas—Mayor Duggan, Council MembersDuggan, Council Members Buol, Krieg, Buol, Krieg, Michalski, Nicholson, Robbins.Michalski, Nicholson, Robbins. Nays—None. Nays—None. Absent—Council MemberAbsent—Council Member Voetberg. Voetberg. RESOLUTION NO. 88-96 Proof of publication certified to by theWhereas, pursuant to resolution and Publisher on Notice to Bidders on Receipt ofpublished notice of time and place of hearing, Bids and City Manager recommendingpublished in the Telegraph Herald, a awarding contract for project, presented andnewspaper of general circulation published in read. Council Member Krieg moved that thethe City of Dubuque, Iowa on 8th day of proof and communication be received andMarch, 1996, the City Council of the City of filed. Seconded by Council Member Buol.Dubuque, Iowa met on the 18th day of March, Carried by the following vote: Yeas—Mayor1996, at 7:00 p.m. in the Public Library Duggan, Council Members Buol, Krieg,Auditorium, 11th and Locust, Dubuque, Michalski, Nicholson, Robbins. Nays—None.Dubuque County, Iowa to consider the Absent—Council Member Voetberg. proposal for the sale of real estate described as: RESOLUTION NO. 87-96City Lot 506C in the City of Dubuque, AWARDING CONTRACTDubuque County, Iowa Whereas, sealed proposals have beenWhereas, the City Council of the City of submitted by contractors for the U.S. 20 -Dubuque, Iowa overruled any and all Dodge Street Sanitary Sewer Reconstructionobjections, oral or written, to the proposal to Bluff Street to Grandview Avenue pursuant todispose of interest of the City of Dubuque, Resolution No. 75-96 and notice to biddersIowa, except for easements as noted, in the published in a newspaper published in the Cityhereinabove described real estate to the Iowa of Dubuque, Iowa on the 7th day of March,Department of Transportation. 1996.NOW, THEREFORE, BE IT RESOLVED Whereas, said sealed proposals wereBY THE CITY COUNCIL OF THE CITY OF opened and read on the 13th day of March,DUBUQUE, IOWA: 1996 and it has been determined that the bidSection 1. That the disposal of the interest of Tschiggfrie Excavating of Dubuque, Iowa inof the City of Dubuque, Dubuque County, the amount of $282,646.65 was the lowest bidIowa in real property described as City Lot for the furnishings of all labor and materials506C in the City of Dubuque, Iowa to the Iowa and performing the work as provided for in theDepartment of Transportation be and the plans and specifications.same is hereby approved; conveyance shall be NOW THEREFORE, BE IT RESOLVEDby Quit Claim Deed. BY THE CITY COUNCIL OF THE CITY OFSection 2. That the Mayor be authorized DUBUQUE, IOWA:and directed to execute a Quit Claim Deed, That the contract for the aboveand the City Clerk be and is hereby authorized improvement be awarded to Tschiggfrieand directed to deliver said deed of Excavating and the Manager be and is herebyconveyance to the above named grantee. directed to execute a contract on behalf of theSection 3. That the City Clerk be and is City of Dubuque for the complete performancehereby authorized and directed to record a of the work.certified copy of this resolution in the office of BE IT FURTHER RESOLVED:the City Assessor, Dubuque County Recorder That upon the signing of said contract andand the Dubuque County Auditor. the approval of the contractor's bond, the CityPassed, approved and adopted this 18th Treasurer is authorized and instructed today of March, 1996. return the bid deposits of the unsuccessfulTerrance M. Duggan, Mayor bidders.Attest: Mary A. Davis, City Clerk Passed, approved and adopted this 18thCouncil Member Robbins moved adoption day of March, 1996.of the Resolution. Seconded by Council Terrance M. Duggan, MayorMember Nicholson. Carried by the following Attest: Mary A. Davis, City Clerkvote: Yeas—Mayor Duggan, Council Council Member Krieg moved adoption ofMembers Buol, Krieg, Michalski, Nicholson, the Resolution. Seconded by Council MemberRobbins. Nays—None. Absent—Council Buol. Carried by the following vote: Member Voetberg. Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins.An Ordinance Amending Code of Nays—None. Absent—Council MemberOrdinances by establishing charges for the Voetberg. Collection and Disposal of Solid Waste and Recyclable Materials changing the fee from Proof of publication certified to by the$7.50 per dwelling unit per month to $7.25, Publisher on Notice of intent to dispose offirst reading only given on 3-6-96, now City's interest in City Lot 506C and Citypresented for further action. Manager recommending to vacate a portion of Pine Street, presented and read. Council(OFFICIAL PUBLICATION) Member Robbins moved that the proof andORDINANCE NO. 15-96 communication be received and filed.AN ORDINANCE AMENDING THE CITY Seconded by Council Member Nicholson.OF DUBUQUE CODE OF ORDINANCES Regular Session, March 18, 1996 BY REPEALING SECTION 40-37Council Member Robbins moved that the PARAGRAPH (a) ESTABLISHINGrequirement that a proposed Ordinance be CHARGES FOR THE COLLECTION ANDconsidered and voted on for passage at two DISPOSAL OF SOLID WASTE ANDCouncil Meetings prior to the meeting at which RECYCLABLE MATERIALS ANDit is to be finally passed be suspended. ENACTING A NEW SECTION 40-37Seconded by Council Member Buol. Carried PARAGRAPH (a) IN LIEU THEREOFby the following vote: Yeas—Mayor Duggan, ESTABLISHING CHARGES FOR THECouncil Members Buol, Krieg, Michalski, COLLECTION AND DISPOSAL OFNicholson, Robbins. Nays—None. Council SOLID WASTE AND RECYCLABLEMember Robbins moved final consideration MATERIALS CHANGING THE FEEand passage of the Ordinance. Seconded by FROM $7.50 PER DWELLING UNIT PERCouncil Member Buol. Carried by the following MONTH TO $7.25.vote: Yeas—Mayor Duggan, Council NOW, THEREFORE, BE IT ORDAINEDMembers Buol, Krieg, Michalski, Nicholson, BY THE CITY COUNCIL OF THE CITY OFRobbins. Nays—None. Absent—Council DUBUQUE, IOWA:Member Voetberg. Section 1. The City of Dubuque Code of Ordinances is hereby amended by repealingAn Ordinance Amending Code of Sec. 40-37 paragraph (a) and enacting a newOrdinances by enacting a new Section in lieu Sec. 40-37 paragraph (a) in lieu thereof asthereof relating to Yard Waste Bags, follows:Containers and Tying devices and Sec. 40-37. Charges-Amounts: exceptions.establishing fees therefore, first reading only (a)Class I premises. Except as qualifiedgiven on 3-6-96, now presented for further below, a fee of seven dollars and twenty fiveaction. cents ($7.25) per dwelling unit per month shall be paid to the City by the property owner of(OFFICIAL PUBLICATION) each Class I premises for such services. SaidORDINANCE NO. 16-96 fee shall be in payment for collection andAN ORDINANCE AMENDING THE CITY OF disposal of solid waste and recyclableDUBUQUE CODE OF ORDINANCES BY materials as defined. Exceptions to theREPEALING SECTION 40-39 PARAGRAPH collection charges for Class I premises are as(d) RELATING TO YARD WASTE BAGS, follows:CONTAINERS AND TYING DEVICES AND (1) When a Class I premises has been vacantESTABLISHING FEES THEREFORE AND for a period not less than three (3) consecutiveENACTING A NEW SECTION 40-39 months, the owner may apply to the CityPARAGRAPH (d) IN LIEU THEREOF Manager for a credit under procedures to beRELATING TO YARD WASTE BAGS, established by the City Manager. Such creditCONTAINERS AND TYING DEVICES AND shall continue only so long as the Class IESTABLISHING FEES THEREFORE. premises is vacant.NOW, THEREFORE, BE IT ORDAINED (2) Class I premises when the head of theBY THE CITY COUNCIL OF THE CITY OF household is sixty five (65) years of age orDUBUQUE, IOWA: older and has an annual income equal to orSection 1. The City of Dubuque Code of less than the income standards used by HUDOrdinances is hereby amended by repealing for its "Section Eight (8) Housing Program" forSec. 40-39 paragraph (d) and enacting a new one and two (2) person households may, uponSec. 40-39 paragraph (d) in lieu thereof as application to the City Manager, be exemptedfollows: from one-half (1/2) the established collectionSec. 40-39. Yard waste. charge. After the initial application, annual(d) Yard waste collected by the City shall be application shall be made by the head ofplaced in specially marked degradable bags or household on July 1 of each year to verifyin degradable paper bags with an affixed annual income and eligibility.single-use tag or in permanent waste (3) In cases of extreme financial hardship, thecontainers with an affixed single-use tag or in City Manager may, and is hereby authorizedpermanent waste containers with an affixed and empowered to make adjustments in theannual yard waste permit or be contained by monthly collection charges as the Citytying devices approved by the City Manager. Manager may deem appropriate. In suchThe charges for collection and disposal of cases, the City Manager shall have theyard waste as defined shall be as follows: authority to require such proof of vacancy,(1) The fee for specially marked degradable financial status, age or extreme hardship asbags shall be seventy-five (75¢) each. the City Manager may deem necessary.(2) The fee for tying devices approved by the Section 2. This ordinance shall take effectCity Manager shall be one dollar ($1.00) each. on the first day of July, 1996.(3) The fee paid to the City by a property Passed, approved and adopted this 18thowner for an annual yard waste permit for a day of March , 1996.permanent waste container shall be fifteen Terrance M. Duggan, Mayordollars ($15.00) for one or twenty six dollars Attest: Mary A. Davis, City Clerkand twenty five cents ($26.25) for two Published officially in the Telegraph Herald newspaper this 27th day of March, 1996. 1t 3/13Mary A. Davis CMC, City Clerk Regular Session, March 18, 1996 Regular Session, March 18, 1996 through June 30th of each year. The fee(1) Tattoo artist: any person engaged in the shall be reduced by one-half (½) on July 1st of practice of tattooing. each year, and again by one-half (½) on (2) Tattoo establishment: location where September 1st of each year. A permit shall tattooing is practiced. only be used by the property owner who (3) Tattooing: to puncture the skin of a purchased it. person with a needle and insert indelible (4) The fee for single-use tags shall be permanent colors through the puncture to seventy five cents ($0.75) each. leave permanent marks or designs. Section 2. This ordinance shall take effect (b) Prohibition. The practice of tattooing shall on the first day of July, 1996. be limited to physicians or osteopaths licensed Passed, approved and adopted this 18th in the State of Iowa, or to individuals directly day of March, 1996. under their supervision. Terrance M. Duggan, Mayor (c) Registration. Tattoo establishments and Attest: Mary A. Davis, City Clerk tattoo artists shall register annually with the Published officially in the Telegraph Herald City of Dubuque Health Services Division and newspaper this 27th day of March, 1996. indicate the physician or osteopath under 1t 3/27Mary A. Davis CMC, City Clerk whose supervision they are operating. Council Member Robbins moved that the Passed, approved and adopted this 18th requirement that a proposed Ordinance be day of March, 1996. considered and voted on for passage at two Terrance M. Duggan, Mayor Council Meetings prior to the meeting at which Attest: Mary A. Davis, City Clerk it is to be finally passed be suspended. Published officially in the Telegraph Seconded by Council Member Buol. Carried Herald newspaper this 22nd day of March by the following vote: Yeas—Mayor Duggan, 1996. Council Members Buol, Krieg, Michalski, 1t 3/22Mary A. Davis CMC, City Clerk Nicholson, Robbins. Nays—None. Council Member Krieg moved that the Absent—Council Member Voetberg. Council requirement that a proposed Ordinance be Member Robbins moved final consideration considered and voted on for passage at two and passage of the Ordinance. Seconded by Council Meetings prior to the meeting at which Council Member Buol. Carried by the following it is to be finally passed be suspended. vote: Yeas—Mayor Duggan, Council Members Seconded by Council Member Nicholson. Buol, Krieg, Michalski, Nicholson, Robbins. Carried by the following vote: Yeas—Mayor Nays—None. Absent—Council Member Duggan, Council Members Buol, Krieg, Voetberg. Michalski, Nicholson, Robbins. Nays—None. Absent—Council Member Voetberg. Council City Manager recommending current City Member Krieg moved final consideration and ordinance be modified regarding tattoos, passage of the Ordinance. Seconded by presented and read. Council Member Krieg Council Member Robbins. Carried by the moved that the communication be received following vote: Yeas—Mayor Duggan, and filed. Seconded by Council Member Council Members Krieg, Nicholson, Robbins. Nicholson. Carried by the following vote: Nays—Council Members Buol, Michalski. Yeas—Mayor Duggan, Council Members Absent—Council Member Voetberg. Buol, Krieg, Michalski, Nicholson, Robbins. Nays—None. Absent—Council Member City Manager recommending two separate Voetberg. selections for the implementation of the City's GIS System, (Hardware & Software An Ordinance Amending Code of Recommendation and Data Conversion Ordinances by adopting in lieu thereof a new Vendor), presented and read. Council Member Section 23-2 regarding tattooing, presented Michalski moved that the communication be and read. received and filed and approved recommendations. Seconded by Council (OFFICIAL PUBLICATION) Member Buol. Carried by the following vote: ORDINANCE NO. 17-96 Yeas—Mayor Duggan, Council Members AN ORDINANCE AMENDING THE CITY OF Buol, Krieg, Michalski, Nicholson, Robbins. DUBUQUE CODE OF ORDINANCES BY Nays—None. Absent—Council Member REPEALING SECTION 23-2, TATTOOING, Voetberg. AND ADOPTING IN LIEU THEREOF A NEW SECTION 23-2, TATTOOING. City Manager recommending approval of NOW, THEREFORE, BE IT ORDAINED Marna Ridge Survey Plat, presented and read. BY THE CITY COUNCIL OF THE CITY OF Council Member Krieg moved that the DUBUQUE, IOWA: communication be received and filed. Section 1. Section 23-2 of the City of Seconded by Council Member Robbins. Dubuque Code of Ordinances is hereby Carried by the following vote: Yeas—Mayor repealed, and the following new section is Duggan, Council Members Buol, Krieg, adopted in lieu thereof: Michalski, Nicholson, Robbins. Nays—None. Section 23-2. Tattooing. Absent—Council Member Voetberg. (a) Definitions. For the purpose of this section, the following words and phrases shall RESOLUTION NO. 89-96 be construed as follows: A RESOLUTION APPROVING THE SURVEY PLAT OF MARNA RIDGE Regular Session, March 18, 1996 ESTATES NO. 3, A SUBDIVISION OF LOTsubdivision of Lot 5 of Governmental Lot 1 1 AND LOT 2, BLOCK 1, MARNA RIDGESection 6 all in T88N-R3E; and Whereas, the City of Dubuque has a 66- ESTATES IN THE CITY OF DUBUQUE,foot access easement across said property; IOWA.and Whereas, there has been filed with the CityWhereas, it is in the best interest of the Clerk a survey plat Marna Ridge Estates No.City of Dubuque to vacate said easement. 3, a subdivision of Lot 1 and Lot 2, Block 1,NOW, THEREFORE, BE IT RESOLVED Marna Ridge Estates in the City of Dubuque,BY THE CITY COUNCIL OF THE CITY OF Iowa; andDUBUQUE, IOWA: Whereas, upon said final plat appearSection 1. That the City of Dubuque, Iowa street(s) to be known as Geraldine Drive,intends to dispose of its interest and vacate an which the owners by said survey plat haveaccess easement in PT. Lots 3 and 4 NW 1/4 dedicated to the public forever; andNE 1/4 Section 6, PT. Lot 1-5 Fractional Whereas, said final plat has been reviewedGovernmental Lot 1 of Section 6, PT. Lot 3 of by the City Planner and had her approvalFractional Governmental Lot 1 of Section 6 endorsed thereon; andand Lot 2 of subdivision of Lot 5 of Whereas, said final plat has beenGovernmental Lot 1 Section 6 all in T88N- examined by the City Council and they findR3E, as shown on the attached Exhibit "A". that it conforms to the statutes and ordinancesSection 2. That the City Clerk be and is relating to it.hereby authorized and directed to cause a NOW, THEREFORE, BE IT RESOLVEDnotice to be published as prescribed under BY THE CITY COUNCIL OF THE CITY OFSection 364.7 Code of Iowa, 1989 or DUBUQUE, IOWA:amended. Section 1. That the dedication of GeraldinePassed, approved and adopted this 18th Drive (Lot A), as it appears upon said surveyday of March, 1996. plat, be and the same are hereby accepted;Terrance M. Duggan, Mayor andAttest: Mary A. Davis, City Clerk Section 2. That the plat of Marna RidgeCouncil Member Krieg moved adoption of Estates No. 3, a subdivision of Lot 1 and Lotthe Resolution and set Public Hearing on this 2, Block 1, Marna Ridge Estates is herebymatter for 4-1-96 at 7:00 p.m. in the Public approved and the Mayor and City Clerk areLibrary Auditorium and the City Clerk be hereby authorized and directed to endorse thedirected to publish notice in the manner approval of the City of Dubuque, Iowa, uponprescribed by law. Seconded by Council said final plat. Member Buol. Carried by the following vote: Passed, approved and adopted this 18thYeas—Mayor Duggan, Council Members day of March, 1996.Buol, Krieg, Michalski, Nicholson, Robbins. Terrance M. Duggan, MayorNays—None. Absent—Council Member ATTEST: Mary A. Davis, City ClerkVoetberg. Council Member Krieg moved adoption of the Resolution. Seconded by Council MemberCity Manager submitting documents Robbins. providing for bidding process for the Phase III Carried by the following vote: Yeas—MayorImprovements at the Water Pollution Control Duggan, Council Members Buol, Krieg,Plant, presented and read. Council Member Michalski, Nicholson, Robbins. Nays—None.Krieg moved that the communication be Absent—Council Member Voetberg. received and filed. Seconded by Council Member Buol. Carried by the following vote: City Manager recommending to vacate theYeas—Mayor Duggan, Council Members city's access easement from MarJo QuarryBuol, Krieg, Michalski, Nicholson, Robbins. Road to Julien Dubuque's Monument,Nays—None. Absent—Council Member presented and read. Council Member KriegVoetberg. moved that the communication be received and filed. Seconded by Council Member Buol.RESOLUTION NO. 91-96 Carried by the following vote: Yeas—MayorPRELIMINARY APPROVAL OF PLANS Duggan, Council Members Buol, Krieg,AND SPECIFICATIONS Michalski, Nicholson, Robbins. Nays—None.Whereas, the proposed plans, Absent—Council Member Voetberg. specifications and form of contract for the Water Pollution Control Plant Phase III RESOLUTION NO. 90-96Improvements in the estimated amount of RESOLUTION OF INTENT TO DISPOSE OF$2,200,000 have been prepared by Strand INTEREST AND VACATE 66-FOOTAssociates, Inc., under the direction of the ACCESS EASEMENT FROM MAR JOCity. QUARRY ROAD TO THE JULIENNOW THEREFORE, BE IT RESOLVED DUBUQUE MONUMENT (MONUMENTBY THE CITY COUNCIL OF THE CITY OF ROAD)DUBUQUE, IOWA: Whereas, the State of Iowa, Department ofSection 1.The proposed plans, Natural Resources, is the current owner ofspecifications, and form of contract are PT. Lots 3 and 4 NW 1/4 NE 1/4 Section 6,approved and ordered filed in the office of the PT. Lot 1-5 Fractional Governmental Lot 1 ofCity Clerk for public inspection. Section 6, PT. Lot 3 of FractionalPassed, approved and adopted this 18th Governmental Lot 1 of Section 6 and Lot 2 ofday of March, 1996. Regular Session, March 18, 1996 Terrance M. Duggan Mayorhaving general circulation in the City of Attest: Mary A. Davis, City ClerkDubuque, Iowa, which notice shall not be less Council Member Krieg moved that thethan four days nor more than twenty days prior communication be received and filed.to the receipt of said bids at 2:00 p.m. on the Seconded by Council Member Buol. Carried14th day of May, 1996. Bids shall be opened by the following vote: Yeas—Mayor Duggan,and read by the City Clerk at said time and will Council Members Buol, Krieg, Michalski,be submitted to the Council for final action at Nicholson,Robbins. Nays—None.7:00 p.m. on the 17th day of June, 1996. Absent—Council Member Voetberg. Passed, approved and adopted this 18th day of March, 1996. RESOLUTION NO. 92-96Terrance M. Duggan, Mayor FIXING DATE OF HEARING ON PLANSAttest: Mary A. Davis, City Clerk AND SPECIFICATIONSCouncil Member Krieg moved adoption of Whereas, the City Council of the City ofthe Resolution. Seconded by Council Member Dubuque, Iowa, has given its preliminaryBuol. Carried by the following vote: approval of the proposed plans, specifications,Yeas—Mayor Duggan, Council Members and form of contract and placed same on fileBuol, Krieg, Michalski, Nicholson, Robbins. in the office of the City Clerk for the DubuqueNays—None. Absent—Council Member Water Pollution Control Plant Phase IIIVoetberg. Improvements. NOW THEREFORE, BE IT RESOLVEDZoning Advisory Commission advising of BY THE CITY COUNCIL OF THE CITY OFtheir approval to rezone property located DUBUQUE, IOWA:Southwest of Cedar Cross Road and North of Section 1. That on the 17th day of June,Fremont Ave. (Across from Hughes Court) 1996, a public hearing will be held at 7:00 p.m.from AG to LI and CS District (Julian in the Public Library Auditorium at which timeNemmers), presented and read. Council interested persons may appear and be heardMember Krieg moved that the communication for or against the proposed plans andbe received and filed. Seconded by Council specifications, form of contract and cost ofMember Nicholson. Carried by the following said improvement, and the City Clerk be andvote: Yeas—Mayor Duggan, Council is hereby directed to cause a notice of timeMembers Buol, Krieg, Michalski, Nicholson, and place of such hearing to be published in aRobbins. Nays—None. Absent—Council newspaper having general circulation in theMember Voetberg. City of Dubuque, Iowa, which notice shall be not less than four days nor more than twentyAn Ordinance Amending Zoning Map by days prior to the day fixed for its consideration.reclassifying above property from AG At the hearing, any interested person mayAgricultural District to CS Commercial Service appear and file objections to the proposedand Wholesale District, presented and read. plans, specifications, form of contract, orCouncil Member Krieg moved that the estimated cost of the improvement.requirement that a proposed Ordinance be Passed, approved and adopted this 18thconsidered and voted on for passage at two day of March, 1996. Council Meetings prior to the meeting at which Terrance M. Duggan, Mayorit is to be finally passed be suspended. Attest: Mary A. Davis, City ClerkSeconded by Council Member Nicholson. Council Member Krieg moved adoption ofCarried by the following vote: Yeas—Mayor the Resolution. Seconded by Council MemberDuggan, Council Members Buol, Krieg, Buol. Carried by the following vote: Michalski, Nicholson, Robbins. Nays—None. Yeas—Mayor Duggan, Council MembersAbsent—Council Member Voetberg. Council Buol, Krieg, Michalski, Nicholson, Robbins.Member Krieg moved that a Public Hearing be Nays—None. Absent—Council Memberheld on the proposed Ordinance on the 1st Voetberg. day of April, 1996, at 7:00 o'clock p.m. at the Public Library Auditorium and that the City RESOLUTION NO. 93-96Clerk be directed to publish notice in the ORDERING BIDSmanner prescribed by law. Seconded by NOW THEREFORE, BE IT RESOLVEDCouncil Member Nicholson. Carried by the BY THE CITY COUNCIL OF THE CITY OFfollowing vote: Yeas—Mayor Duggan, DUBUQUE, IOWA:Council Members Buol, Krieg, Michalski, Section 1. That the project titled WaterNicholson, Robbins. Nays—None. Pollution Control Plant Phase IIIAbsent—Council Member Voetberg. Improvements is hereby ordered to be advertised for bids for construction.Zoning Advisory Commission advising of Section 2. That the amount of the securitytheir approval to amend the Conceptual to accompany each bid shall be in an amountDevelopment Plan at 4100 Dodge St. to allow which shall conform to the provisions of the3 free-standing signs (Lowe's Companies, notice to bidders hereby approved as part ofInc.), presented and read. Council Member the plans and specifications heretoforeKrieg moved that the communication be adopted.received and filed. Seconded by Council Section 3. That the City Clerk is herebyMember Nicholson. Carried by the following directed to advertise for bids for thevote: Yeas—Mayor Duggan, Council construction of the improvements hereinMembers Buol, Krieg, Michalski, Nicholson, provided to be published in a newspaper Regular Session, March 18, 1996 Robbins. Nays—None. Absent—CouncilRobbins. Nays—None. Absent—Council Member Voetberg. Member Voetberg. An Ordinance Providing for theZoning Advisory Commission advising of amendment of Ordinances Nos. 31-92, 59-93their approval to amend Conceptual and 41-95 which adopted the PC PlannedDevelopment Plan for Dubuque In-Futuro, Commercial District for Wal-Mart Stores, Inc.Inc., presented and read. Council Member and Lowe's Companies, Inc. and establishedKrieg moved that the communication be Sign Regulations for that Planned Commercialreceived and filed. Seconded by Council District, presented and read. Council MemberMember Nicholson. Carried by the following Krieg moved that the requirement that avote: Yeas—Mayor Duggan, Council Members proposed Ordinance be considered and votedBuol, Krieg, Michalski, Nicholson, Robbins. on for passage at two Council Meetings priorNays—None. Absent—Council Member to the meeting at which it is to be finallyVoetberg. passed be suspended. Seconded by Council Member Nicholson. Carried by the followingAn Ordinance Providing for the amendment vote: Yeas—Mayor Duggan, Councilof Resolution No. 1-82 which adopted the Members Buol, Krieg, Michalski, Nicholson,conditions of Development and Operation, Robbins. Nays—None. Absent—CouncilDubuque Industrial Center for the Dubuque Member Voetberg. Council Member KriegIndustrial Center Planned Industrial District, moved that a Public Hearing be held on thepresented and read. Council Member Krieg proposed Ordinance on the 1st day of April,moved that the requirement that a proposed 1996, at 7:00 o'clock p.m. at the Public LibraryOrdinance be considered and voted on for Auditorium and that the City Clerk be directedpassage at two Council Meetings prior to the to publish notice in the manner prescribed bymeeting at which it is to be finally passed be law. Seconded by Council Membersuspended. Seconded by Council Member Nicholson. Carried by the following vote: Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council MembersYeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins.Buol, Krieg, Michalski, Nicholson, Robbins. Nays—None. Absent—Council MemberNays—None. Absent—Council Member Voetberg. Voetberg. Council Member Krieg moved that a Public Hearing be held on the proposed Zoning Advisory Commission advising ofOrdinance on the 1st day of April, 1996, at their approval to rezone property located at7:00 o'clock p.m. at the Public Library 290 Wartburg Place from R-1 to PUD with aAuditorium and that the City Clerk be directed PR District, presented and read. Councilto publish notice in the manner prescribed by Member Krieg moved that the communicationlaw. Seconded by Council Member be received and filed. Seconded by CouncilNicholson. Carried by the following vote: Member Buol. Carried by the following vote: Yeas—Mayor Duggan, Council Members Yeas—Mayor Duggan, Council MembersBuol, Krieg, Michalski, Nicholson, Robbins. Buol, Krieg, Michalski, Nicholson, Robbins.Nays—None. Absent—Council Member Nays—None. Absent—Council MemberVoetberg. Voetberg. At 7:43 p.m., Council Member Nicholson An Ordinance Amending Zoning Mapmoved to go into Closed Session — In providing for reclassification of propertyaccordance with Chapter 21.5 1.(j) to discuss located at 290 Wartburg Place from R-1the purchase of particular real estate where Single Family Residential District to PUDpremature disclosure could be reasonably Planned Unit Development District with a PRexpected to increase the price the Planned Residential District Designation andgovernmental body would have to pay for that adopting a Conceptual Development Plan, withproperty. Seconded by Council Member conditions, (Conlon Construction), presentedMichalski. Carried by the following vote: and read. Council Member Krieg moved thatYeas—Mayor Duggan, Council Members the requirement that a proposed Ordinance beBuol, Krieg, Michalski, Nicholson, Robbins. considered and voted on for passage at twoNays—None. Absent—Council Member Council Meetings prior to the meeting at whichVoetberg. it is to be finally passed be suspended. Seconded by Council Member Buol. CarriedAt 8:23 p.m. Council reconvened in by the following vote: Yeas—Mayor Duggan,Regular Session with statement that direction Council Members Buol, Krieg, Michalski,had been given to Staff. Nicholson, Robbins. Nays—None. Absent—Council Member Voetberg. CouncilThere being no further business, Council Member Krieg moved that a Public Hearing beMember Nicholson moved to adjourn. held on the proposed Ordinance on the 1stSeconded by Council Member Buol. Carried day of April, 1996, at 7:00 o'clock p.m. at theby the following vote: Yeas—Mayor Duggan, Public Library Auditorium and that the CityCouncil Members Buol, Krieg, Michalski, Clerk be directed to publish notice in theNicholson, Robbins. Nays—None. manner prescribed by law. Seconded byAbsent—Council Member Voetberg. The Council Member Buol. Carried by themeeting adjourned at 8:24 p.m. following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson,Mary A. Davis CMC Regular Session, March 18, 1996 City Clerk Approved , 1997 Adopted , 1997 Mayor Council Members Attest: City Clerk Special Session, March 25, 1996 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS meeting. Seconded by Council Member Buol. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Special Work Session, Monday, March 25, Nays—None. The meeting adjourned at 5:58 1996. P.M. Council Met at 4:30 p.m., Public Library Auditorium. Mary A. Davis CMC Present: Council Members Buol, Krieg, City Clerk Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen. Absent at Roll Call: Mayor Duggan, Approved , 1997 Council Member Michalski. Adopted , 1997 Also Present-City Solicitor Wm. Blum, Human Rights Director Charles Azebeokhai and Human Rights Commissioners, Roger Maiers, Duane Nilles, Marty O'Shea, Ruby Mayor Sutton, Nancy Miller, Thom Determan and James Noonan. Mayor Pro Tem Nicholson called the meeting to order for the purpose to hold a Joint Session with the Human Rights Commission. Council Members Attest: Mayor Duggan entered the Chambers at 4:37 P.M. and Council Member Michalski entered the Chambers at 4:40 P.M. City Clerk Discussion was held with the Human Rights Commission regarding proposed changes to Chapter 27 of the Code of Ordinances - Human Relations in order to comply with current ADA regulations. Commission was directed to bring revised Ordinance back at a later Council meeting for final approval by the Council. At 5:24 P.M. Council Member Krieg moved to go into Closed Session In accordance with Chapter 21.5 1.(j) to discuss the purchase of particular real estate where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. Council reconvened in Regular Session at 5:57 P.M. and Mayor Duggan announced Staff had been given direction regarding purchase. There being no further business, Council Member Krieg moved to adjourn the Regular Session, April 2, 1996 NOW, THEREFORE, BE IT RESOLVED DUBUQUE BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 403-95 CITY COUNCIL consenting to the assignment of the Sewer Use Agreement between the city of Dubuque and FDL by the merger of FDL with a OFFICIAL subsidiary of IBP resulting in the survival of PROCEEDINGS FDL Foods, Inc. wholly-owned by IBP, is hereby rescinded. Passed, approved and adopted this 2nd City Council, Special Session, Tuesday, day of April, 1996. April 2, 1996. Terrance M. Duggan, Mayor Council met at 4:30 p.m., Public Library Attest: Mary A. Davis, City Clerk Auditorium. Council Member Voetberg moved adoption Present: Mayor Duggan, Council Members of the Resolution. Seconded by Council Buol, Krieg, Michalski, Nicholson, Robbins, Member Nicholson. Carried by the following Voetberg, City Manager Michael Van Milligen, vote: Yeas—Mayor Duggan, Council Members Corporation Counsel Barry Lindahl. Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. Mayor Duggan read the call and stated this is a Special Session of the City Council called There being no further business, Council for the purpose to rescind Resolution No. 403- Member Nicholson moved to adjourn the 95 and acting upon such business which may meeting. Seconded by Council Member properly come before the Council. Michalski. Carried by the following vote: Yeas—Mayor Duggan, Council Members Communication of City Manager Buol, Krieg, Michalski, Nicholson, Robbins, recommending approval of a resolution Voetberg. Nays—None. The meeting rescinding Resolution No. 403-95, presented adjourned at 4:34 p.m. and read. Council Member Voetberg moved that the communication be received and filed. Mary A. Davis, CMC Seconded by Council Member Nicholson. City Clerk Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Approved ,1997 Michalski, Nicholson, Robbins, Voetberg. Nays—None. Adopted ,1997 RESOLUTION NO. 116-96 RESOLUTION RESCINDING RESOLUTION NO. 403-95 WHICH CONSENTED TO THE Mayor ASSIGNMENT OF THE SEWER USE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND FDL FOODS, INC. Whereas, the City of Dubuque, Iowa (“City”) and FDL Foods, Inc. (“FDL”) entered into a certain Sewer Use Agreement dated August 1, 1994; and Whereas, the said Sewer Use Agreement prohibits assignment without the prior written consent of the City and that a merger, sale of Council Members the majority of the stock or consolidation shall Attest: be deemed as assignment for the purposes of the Agreement; and Whereas, FDL indicated to the City that it City Clerk was entering into an arrangement whereby IBP Subsidiary, Inc., a wholly-owned subsidiary corporation of IBP, Inc. (“IBP”) would be merged into a statutory merger with FDL, the surviving corporation being FDL, which would be wholly-owned by IBP, and FDL requested the City to consent to the assignment; and Whereas, the City Council consented to the assignment of the Sewer Use Agreement to FDL, the surviving corporation in the merger, in Resolution No. 403-95; and Whereas, FDL did not enter into a merger agreement with IBP; and Whereas, the City Council now finds that the consent to the assignment should be rescinded.