Loading...
1996 July Council ProceedingsRegular Session, July 1, 1996 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Approved , 1997 City Council, Special Session, Monday, July 1, 1996 Adopted , 1997 Council Met at 4:30 p.m., Public Library Auditorium. Present: Mayor Duggan, Council Members Buol, Krieg, Robbins, Voetberg, City Manager Mayor Michael Van Milligen, Corporation Counsel Barry Lindahl. Absent at Roll Call: Council Members Michalski, Nicholson. Mayor Duggan read the call and stated this is a Special Session of the City Council called for the purpose to go into Closed Session to discuss the purchase of particular real estate. At 4:37 p.m. Council Member Voetberg moved to go into Closed Session — In accordance with Chapter 21.5 1.(j) To discuss the purchase of particular real estate whereCouncil Members premature disclosure could be reasonablyAttest: expected to increase the price the governmental body would have to pay for that property. Seconded by Council Member Buol.City Clerk Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Robbins, Voetberg. Nays—None. Absent—Council Members Michalski, Nicholson. Council Members Michalski and Nicholson entered the Chambers at 4:42 p.m. Council reconvened Regular Session at 6:48 p.m. with statement that direction had been given Staff. There being no further business, Council Member Voetberg moved to adjourn this special meeting. Seconded by Council Member Buol. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. The meeting adjourned at 6:49 p.m. Mary A. Davis CMC City Clerk Regular Session, July 1, 1996 Jeffery and Maria Gaber appealing decision DUBUQUE by Crawford & Company on denial of personal injury claim in the amount of $427.50, presented and read. Council Member CITY COUNCIL Voetberg moved that this appeal be referred to the Legal Staff for investigation and report. Seconded by Council Member Nicholson. OFFICIAL Carried by the following vote: Yeas—Mayor PROCEEDINGS Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. Regular Session, Monday, July 1, 1996 Council Met at 7:00 p.m., Public Library Medical Associates HMO advising of their Auditorium. right of subrogation for payment for above Present: Mayor Duggan, Council Members claim in the amount of $72.50, presented and Buol, Krieg, Michalski, Nicholson, Robbins, read. Council Member Voetberg moved that Voetberg, City Manager Michael Van Milligen, the communication be received and filed. Corporation Counsel Barry Lindahl. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Mayor Duggan read the call and stated this Duggan, Council Members Buol, Krieg, is a Regular Session of the City Council called Michalski, Nicholson, Robbins, Voetberg. for the purpose to act upon such business Nays—None. which may properly come before the Council. Corporation Counsel advising following Invocation was given by Ruth Ann Scott, claims have been referred to Crawford & Diaconal Minister of St. Luke's United Company, the agent for the Iowa Communities Methodist Church. Assurance Pool: Property damage of Michael S. Conlon; Car damage of Michael Fincel; PROCLAMATION — June 30 - July 6 as Property damage of Stanley Kueter; Truck "Storybook Hills Children's Zoo Week" damage of Robert G. Preston; Car damage of received by John Markham. Thomas Zuccaro, presented and read. Council Member Voetberg moved that the Doug & Donna Schlesier presented gifts communications be received and filed. from our Sister City, Handan, China to Mayor Seconded by Council Member Nicholson. Duggan. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, MINUTES SUBMITTED — Airport Michalski, Nicholson, Robbins, Voetberg. Commission of 5-21; Cable Community Nays—None. Teleprogramming of 6-11; Cable TV Regulatory Commission of 6-12; Corporation Counsel recommending denial Environmental Stewardship Advisory of tire damage claim of Janet Freihoefer, Commission of 6-4; Five Flags Commission of presented and read. Council Member 6-17; Historic Preservation Commission of 5- Voetberg moved that the denial be approved. 9; Human Rights Commission of 5-13; Long Seconded by Council Member Nicholson. Range Planning Advisory Commission of 6- Carried by the following vote: Yeas—Mayor 19; Library Board of 5-23; Mechanical Board Duggan, Council Members Buol, Krieg, of 6-11; Proof of Publication on Summary of Michalski, Nicholson, Robbins, Voetberg. Revenues for month ending 5-31-96; Nays—None. Published Council Proceedings for meeting of 6-3-96, presented and read. Council Member Dubuque Metropolitan Area Solid Waste Voetberg moved that the minutes and proofs Agency advising of Fiscal Year 1997 Landfill be received and filed. Seconded by Council Fees, presented and read. Council Member Member Nicholson. Carried by the following Voetberg moved that the communication be vote: Yeas—Mayor Duggan, Council received and filed. Seconded by Council Members Buol, Krieg, Michalski, Nicholson, Member Nicholson. Carried by the following Robbins, Voetberg. Nays—None. vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, NOTICES OF CLAIMS/SUITS — James Voetberg. Nays—None. Conzett in amount of $1500.00 for backed up water damages; Nicholas Foley in amount of Approval of 5th amendment to City $309.94 for vehicle damages; Dennis R. Manager's employment agreement, presented Murray in amount of $81.54 for tire damages; and read. Council Member Voetberg moved Kathy Wardle in amount of $89.24 for vehicle that the amendment be approved. Seconded damages, presented and read. Council by Council Member Nicholson. Carried by the Member Voetberg moved that the claims and following vote: Yeas—Mayor Duggan, Council suits be referred to the Legal Staff for Members Buol, Krieg, Michalski, Nicholson, investigation and report. Seconded by Council Robbins, Voetberg. Nays—None. Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council City Manager requesting Mayor be Members Buol, Krieg, Michalski, Nicholson, authorized to sign a CDBG Agreement with Robbins, Voetberg. Nays—None. HUD in amount of $1,421,000 for program Regular Session, July 1, 1996 year beginning July 1, 1996 and ending JuneCommunity Oriented Policing, presented and 30, 1997, presented and read. Councilread. Council Member Voetberg moved that Member Voetberg moved that thethe Grant Application be approved. Seconded communication be received and filed.by Council Member Nicholson. Carried by the Seconded by Council Member Nicholson.following vote: Yeas—Mayor Duggan, Council Carried by the following vote: Yeas—MayorMembers Buol, Krieg, Michalski, Nicholson, Duggan, Council Members Buol, Krieg,Robbins, Voetberg. Nays—None. Michalski, Nicholson, Robbins, Voetberg. Nays—None.City Manager recommending approval of RFP for $100,000 from Community RESOLUTION NO.242-96Development Block Grant funds for Child Care RESOLUTION AUTHORIZING EXECUTIONCenter, presented and read. Council Member OF A COMMUNITY DEVELOPMENTVoetberg moved that the communication be BLOCK GRANT AGREEMENT WITH THEreceived and filed and approved. Seconded by U.S. DEPARTMENT OF HOUSING ANDCouncil Member Nicholson. Carried by the URBAN DEVELOPMENT.following vote: Yeas—Mayor Duggan, Council Whereas, under provisions of Title I ofMembers Buol, Krieg, Michalski, Nicholson, Housing and Community Development Act ofRobbins, Voetberg. Nays—None. 1974, as amended, the City of Dubuque prepared and submitted a Consolidated PlanCity Manager recommending approval of for a Community Development Block Grant;proposed grant application for Neighborhood Whereas, the submission has beenSupport Program, presented and read. approved by the U.S. Department of HousingCouncil Member Voetberg moved that the and Urban Development in the amount ofgrant application be received and filed $1,421,000 for a twelve month programapproved. Seconded by Council Member commencing July 1, 1996 and ending JuneMichalski. Carried by the following vote: 30, 1997; andYeas—Mayor Duggan, Council Members Whereas, a grant agreement covering theBuol, Krieg, Michalski, Nicholson, Robbins, activities proposed to be carried out with theVoetberg. Nays—None. Community Development Block Grant funds has been transmitted to the City of DubuqueCity Manager recommending approval of by the U. S. Department of Housing andcontract with General Drivers & Helpers Urban Development..Union, presented and read. Council Member NOW, THEREFORE, BE IT RESOLVEDVoetberg moved that the communication be BY THE CITY COUNCIL OF THE CITY OFreceived and filed. Seconded by Council DUBUQUE, IOWA:Member Nicholson. Carried by the following Section 1. That the Fundingvote: Yeas—Mayor Duggan, Council Members Approval/Agreement, authorized by the U.S.Buol, Krieg, Michalski, Nicholson, Robbins, Department of Housing and UrbanVoetberg. Nays—None. Development on June 19, 1996, for a Community Development Block Grant to theRESOLUTION NO. 243-96 City of Dubuque in the amount of $1,421,000APPROVING THE AGREEMENT and identified as Grant Number B-96-MC-19-BETWEEN THE CITY OF DUBUQUE, IOWA 0004 is hereby accepted.AND THE GENERAL DRIVERS AND Section 2. That the Mayor of the City ofHELPERS UNION, LOCAL #421, AND Dubuque be and he is hereby authorized andAUTHORIZING THE MAYOR TO SIGN THE directed to execute said Agreement on behalfAGREEMENT of the City of Dubuque, Iowa.Whereas, the Sixty-Fifth General Assembly Passed, approved and adopted this 1stadopted the Public Employment Relations Act, day of July, 1996.Chapter 20, Code of Iowa; and Terrance M. Duggan, MayorWhereas, the City of Dubuque is a public Attest: Mary A. Davis, City Clerkemployer within the meaning of Section 3 (1) Council Member Voetberg moved adoptionof the Public Employment Relations Act; and of the Resolution. Seconded by CouncilWhereas, the General Drivers and Helpers Member Nicholson. Carried by the followingUnion, Local #421, is an employee vote: Yeas—Mayor Duggan, Councilorganization within the meaning of Section 3 Members Buol, Krieg, Michalski, Nicholson,(4) of the Public Employment Relations Act; Robbins, Voetberg. Nays—None. and Whereas, the General Drivers and Helpers Dubuque Country Club requesting July 5thUnion, Local #421, submitted a request to then 6th for rain dates for the fireworks displaybargain collectively on behalf of the employees scheduled for July 4th, presented and read.within its representation; and Council Member Voetberg moved that theWhereas, bargaining between the parties request be approved. Seconded by Councilhas occurred and an agreement has been Member Nicholson. Carried by the followingconcluded. vote: Yeas—Mayor Duggan, CouncilNOW, THEREFORE, BE IT RESOLVED Members Buol, Krieg, Michalski, Nicholson,BY THE CITY COUNCIL OF THE CITY OF Robbins, Voetberg. Nays—None. DUBUQUE, IOWA: Section 1. That the terms of the Agreement City Manager recommending approval of abe approved and the Mayor authorized and $500 Target Grant Application to support Regular Session, July 1, 1996 directed to sign the collective bargainingRESOLUTION NO. 245-96 agreement.Whereas, applications for Beer Permits Passed, approved and adopted this 1st dayhave been submitted and filed to this Council of July, 1996.for approval and the same have been Terrance M. Duggan, Mayorexamined and approved; and Attest: Mary A. Davis, City ClerkWhereas, the premises to be occupied by Council Member Voetberg moved adoptionsuch applicants were inspected and found to of the Resolution. Seconded by Councilcomply with the Ordinances of this City and Member Nicholson. Carried by the followinghave filed proper bonds. vote: Yeas—Mayor Duggan, CouncilNOW, THEREFORE, BE IT RESOLVED Members Buol, Krieg, Michalski, Nicholson,BY THE CITY COUNCIL OF THE CITY OF Robbins, Voetberg. Nays—None. DUBUQUE, IOWA: That the Manager be authorized to cause to REFUND REQUESTED — Copper Kettlebe issued the following named applicants a $633.75 on unexpired Liquor License,Beer Permit. presented and read. Council MemberCLASS "B" BEER PERMIT Voetberg moved that the refund be approved(Special 1-day Event) and Finance Director to issue the properDubuque JayceesDubuque Jaycees check. Seconded by Council Member(7-19-96)Town Clock Plaza Nicholson. Carried by the following vote:Dubuque Jaycees Dubuque Jaycees Yeas—Mayor Duggan, Council Members (8-16-96)Town Clock Plaza Buol, Krieg, Michalski, Nicholson, Robbins,CLASS "C" BEER PERMIT Voetberg. Nays—None. Kristina L. ChapmanOky Doky # 4 +(Sunday Sales)1050 University Ave RESOLUTION NO. 244-96Jena, Inc.Oky Doky# 15 NOW, THEREFORE, BE IT RESOLVED+(Sunday Sales)1101 Rhomberg Ave BY THE CITY COUNCIL OF THE CITY OFMulgrew Oil ComJFK Amoco Foodshop DUBUQUE, IOWA: +(Sunday Sales)1701 JFK Rd. That the following having complied with thePassed, approved and adopted this 1st day provisions of law relating to the saleof July, 1996 of Cigarettes within the City of Dubuque, Iowa,Terrance M. Duggan, Mayor be granted a permit to sell Cigarettes andAttest: Mary A Davis, City Clerk Cigarette Papers within said City.Council Member Voetberg moved adoption Busy Bee CafeGeorge K Arvanitisof the Resolution. Seconded by Council 1958 Central AveMember Nicholson. Carried by the following Casey's General StoreAngel Inv. Co.vote: Yeas—Mayor Duggan, Council 2699 Rockdale RdMembers Buol, Krieg, Michalski, Nicholson, FDL FoodsAramark Corp.Robbins, Voetberg. Nays—None. 701 E 16th St Hartigs Drug StoreHartig Drug Co, IncRESOLUTION NO. 246-96 2255 JFK RdWhereas, applications for Liquor Licenses Hartigs Drug Store Hartig Drug Co., Inc.have been submitted to this Council for 157 S Locust Stapproval and the same have been examined Hartigs Drug StoreHartig Drug Co., Inc.and approved; and 7th & Town Clock Whereas, the premises to be occupied by Hartigs Drug StoresHartig Drug Co., Inc.such applicants were inspected and found to 2225 Central Avecomply with the State Laws and all City Holiday Inn 5-FlagsKinseth Hotel Corp.Ordinances relevant thereto and they have 450 Main Stfiled proper bonds. P.O.P.'s GasHoliday Oil Dist. Inc.NOW, THEREFORE, BE IT RESOLVED 1401 Central AveBY THE CITY COUNCIL OF THE CITY OF P.O.P.’s GasHoliday Oil Dist. Inc.DUBUQUE, IOWA: 1685 JFK RdThat the Manager be authorized to cause to Oky Doky # 15Kristina Chapmanbe issued the following named applicants 1050 University Avea Liquor License. Pasta O'SheasKahn Family EnterpCLASS "C" (COMMERCIAL) 395 W. 9th StBEER & LIQUOR LICENSE Tara's Self ExpressionsTara Lee RoskoppCreslanes Bowling Inc. 1814 Central AveCreslanes Bowling Inc.+(Sunday Sales) Passed, approved and adopted this 1st day255 S Main St. of July, 1996.Craig J. WeinerWalnut Tap Terrance M. Duggan, Mayor709 University Ave Attest: Mary A. Davis, City ClerkCurtis L. Gerhard Knickers Saloon Council Member Voetberg moved adoption+(Sunday Sales)2186 Central Ave of the Resolution. Seconded by CouncilEthel K SchwartzAirport Inn Member Nicholson. Carried by the following +(Sunday Sales)574 E 16th St vote: Yeas—Mayor Duggan, CouncilPeggy A SchallerP.J.'s Tap Members Buol, +(Sunday Sales)500 Rhomberg Ave Krieg, Michalski, Nicholson, Robbins,Class "WB" Wine Permit Voetberg. Nays—None. Creative Touch GalleryOoh La La 3460 Hillcrest Rd Regular Session, July 1, 1996 Passed, approved and adopted this 1st dayTherefore, Teri Zuccaro appointed to a three of July, 1996year term which will expire 7-1-99. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City ClerkPARK & RECREATION COMMISSION — Council Member Voetberg moved adoptionApplicants — Tom Blocklinger, Lon Boike, of the Resolution. Seconded by CouncilThomas Schrobilgen and Gene Thompson. Member Nicholson. Carried by the followingVote on the appointment was as follows: vote: Yeas—Mayor Duggan, CouncilMayor Duggan voted for Blocklinger and Members Buol, Krieg, Michalski, Nicholson,Schrobilgen. Council Member Buol voted for Robbins, Voetberg. Nays—None. Blocklinger and Schrobilgen. Council Member Krieg voted for Blocklinger and Schrobilgen. BOARDS AND COMMISSIONS:Council Member Michalski voted for Blocklinger and Boike. Council Member Nicholson voted for Thompson and AIRPORT COMMISSION — Applicants John Schrobilgen. Council Member Robbins voted Markham and Jeffrey Paar for the Airport for Thompson and Schrobilgen. Council Commission were invited to address the Member Voetberg voted for Thompson and Council to express their desire to serve on that Boike. Therefore, Tom Blocklinger and Commission. John Markham spoke requesting Thomas Schrobilgen appointed to the three appointment and stated if appointed he would year terms which will expire 6-30-99. resign from the Civil Service Comm. Council Member Voetberg moved that the ENVIRONMENTAL STEWARDSHIP rules be suspended to allow anyone present to COMMISSION — Applicants William J. address the Council if they so desire. Gartner and Mark Hogan. Vote on the Seconded by Council Member Robbins. appointment was as follows: Mayor Duggan Carried by the following vote: Yeas—Mayor voted for Gartner. Council Member Buol voted Duggan, Council Members Buol, Krieg, for Gartner. Council Member Krieg voted for Michalski, Nicholson, Robbins, Voetberg. Hogan. Council Member Michalski voted for Nays—None. Hogan. Council Member Nicholson voted for Hogan. Council Member Robbins voted for Proof of publication certified to by the Gartner. Council Member Voetberg voted for Publisher on Notice of Public Hearing to Gartner. Therefore, William Gartner consider leasing of City property to FDL appointed to the one unexpired term which will Foods, Inc. and City Manager recommending expire 10-1-96 and an additional three year approval of lease, presented and read. Council term which will expire 10-1-99. Member Voetberg moved that the proof and communication be received and filed. HOUSING COMMISSION — Applicants Seconded by Council Member Buol. Carried Boniface Arthofer, Dorothy Culbertson, Julita by the following vote: Yeas—Mayor Duggan, Koch-Felton, Jane Steele. Council Members Buol, Krieg, Michalski, Vote on the 8-17-98 appointment was as Nicholson, Robbins, Voetberg. Nays—None. follows: Mayor Duggan voted for Steele. Council Member Buol voted for Steele. RESOLUTION NO. 247-96 Council Member Krieg voted for Steele. RESOLUTION DISPOSING OF INTEREST Council Member Michalski voted for Steele. IN REAL PROPERTY BY LEASE TO Council Member Nicholson voted for Arthofer. FDL FOODS, INC. Council Member Robbins voted for Arthofer. Whereas, pursuant to Resolution No. 235- Council Member Voetberg voted for Steele. 96 and published notice of the date, time, and Therefore, Jane Steele appointed to the place of hearing, published in the Telegraph unexpired term which will expire 8-17-98. Herald, a newspaper of general circulation Vote on the 8-17-97 appointment was as published in the city of Dubuque, Iowa, on the follows: Mayor Duggan voted for Culbertson. 26th day of June, 1996, the City Council of the Council Member Buol voted for Culbertson. City of Dubuque, Iowa, met on the 1st day of Council Member Krieg voted for Culbertson. July, 1996, at 7:00 p.m. in the Carnegie Stout Council Member Michalski voted for Koch- Public Library Auditorium, 11th & Locust, Felton. Council Member Nicholson voted for Dubuque, Iowa, to consider the disposal of the Arthofer. Council Member Robbins voted for city's interest in the following described Arthofer. Council Member Voetberg voted for property referred to herein as the Parking Lot: Culbertson. Therefore, Dorothy Culbertson Lot 1, in Block 2 of Dubuque Packing appointed to the unexpired term which will Company Addition; Lots 444, 445, 446, 447, expire 8-17-97. 448, 471, 472, 473 in East Dubuque No. 2 all in the City of Dubuque, Iowa, EXCEPT the INVESTMENT OVERSIGHT COMMISSION portion of the aforesaid real estate, conveyed — Applicants Thomas Kersch, Teri Zuccaro. to the State of Iowa Instruments No. 8797-87, Vote on the appointment was as follows: 3971-89, 3972-89; and 1410-90, records of Mayor Duggan voted for Kersch. Council Dubuque County, Iowa; according to the Member Buol voted for Zuccaro. Council respective recorded Plats thereof. Member Krieg voted for Zuccaro. Council Whereas, the City Council of the City of Member Michalski voted for Zuccaro. Council Dubuque, Iowa, overruled any and all Member Nicholson voted for Kersch. Council objectives, oral or written, to the disposal of Member Robbins voted for Kersch. Council such interest in the above-described real Member Voetberg voted for Zuccaro. Regular Session, July 1, 1996 property by lease to FDL Foods, Inc., an IowaSection 1. That the disposal of the interest corporation, a copy of which Lease is attachedof the City of Dubuque, Dubuque County, hereto.Iowa in real property described as Lot 2A and NOW, THEREFORE, BE IT RESOLVED2B in the NE 1/4 of the NE 1/4 of Section 20, BY THE CITY COUNCIL OF THE CITY OFT89N, R2E, 5th P.M. in the City of Dubuque, DUBUQUE, IOWA:Iowa to QHQ Properties, be and the same is Section 1. The disposal of the interest ofhereby approved for the sum of $1.00 plus the City of Dubuque, Iowa, in the foregoing-publication and filing fees, conveyance shall described real property by Lease to FDLbe by Quit Claim Deed. Foods, Inc., is hereby approved.Section 2. That the Mayor be authorized Section 2. The Mayor is authorized andand directed to execute a Quit Claim Deed, directed to execute the Lease on behalf of theand the City Clerk be and is hereby authorized City of Dubuque.and directed to deliver said deed of Section 3. The City Clerk is authorized andconveyance to the above named grantees directed to record a certified copy of thisupon receipt of the purchase price in full. Resolution in the offices of the City Assessor,Section 3. That the City Clerk be and is Dubuque County Recorder, and the Dubuquehereby authorized and directed to record a County Auditor.certified copy of this resolution in the office of Passed, approved and adopted this 1st daythe City Assessor, Dubuque County Recorder of July, 1996.and the Dubuque County Auditor. Terrance M. Duggan, MayorPassed, approved and adopted this 1st day Attest: Mary A. Davis, City Clerkof July, 1996. Council Member Voetberg moved adoptionTerrance M. Duggan, Mayor of the Resolution. Seconded by CouncilAttest: Mary A. Davis, City Clerk Member Buol. Carried by the following vote:Council Member Buol moved adoption of Yeas—Mayor Duggan, Council Membersthe Resolution. Seconded by Council Member Buol, Krieg, Michalski, Nicholson, Robbins,Nicholson. Carried by the following vote: Voetberg. Nays—None. Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Proof of publication certified to by theVoetberg. Nays—None. Publisher on Notice of Public Hearing to consider disposal of property located on theProof of publication certified to by the south side of Asbury Rd. between thePublisher on Notice of Public Hearing to Northwest Arterial and the City of Asbury andamend the existing lease of property to the City Manager recommending approval toFinley Hospital and City Manager dispose of property, presented and read.recommending to amend the existing lease, Council Member Buol moved that the proofpresented and read. Council Member and communication be received and filed.Michalski moved that the proof and Seconded by Council Member Nicholson.communication be received and filed. Carried by the following vote: Yeas—MayorSeconded by Council Member Buol. Carried Duggan, Council Members Buol, Krieg,by the following vote: Yeas—Mayor Duggan, Michalski, Nicholson, Robbins, Voetberg.Council Members Buol, Krieg, Michalski, Nays—None. Nicholson, Robbins, Voetberg. Nays—None. RESOLUTION NO. 248-96RESOLUTION NO. 249-96 Whereas, pursuant to resolution andRESOLUTION APPROVING AN published notice of time and place of hearing,AMENDMENT TO AN EXISTING LEASE OF published in the Telegraph Herald, aPROPERTY TO THE FINLEY HOSPITAL newspaper of general circulation published inFOR A CANCER SURVIVORS' PUBLIC the City of Dubuque, Iowa on 21st day ofPARK, TO ADD LOT 21 OF THE FINLEY June, 1996, the City Council of the City ofHOME ADDITION TO THE DESCRIPTION Dubuque, Iowa met on the 1st day of July,OF THE PROPERTY TO BE LEASED 1996, at 7:30 p.m. in the Public LibraryWHEREAS, published notice of date, time, Auditorium, 11th and Locust, Dubuque,and place of a public hearing, published in the Dubuque County, Iowa to consider theTelegraph Herald, a newspaper of general proposal for the sale of real estate describedcirculation published in the City of Dubuque, as:Iowa, on the 21st day of June, 1996, the City Lot 2A and Lot 2B in the NE 1/4 of the NECouncil of the City of Dubuque, Iowa met on 1/4 of Section 20, T89N, R2E, 5th P.M., inthe 1st day of July, 1996, at 7:00 p.m. in the the City of Dubuque, Iowa to QHQPublic Library Auditorium, Eleventh and Properties; andLocust Streets, Dubuque, Iowa, to consider Whereas, the City Council of the City ofamending the Lease Agreement between the Dubuque, Iowa overruled any and allCity of Dubuque and The Finley Hospital, a objections, oral or written, to the proposal tocopy of which is attached hereto and dispose of interest of the City of Dubuque,incorporated herein by reference, by adding Iowa in the hereinabove described real estateLot 21 of the Finley Home Addition to the to QHQ Properties.description of property to be leased; and NOW THEREFORE, BE IT RESOLVEDWHEREAS, the City Council of the City of BY THE CITY COUNCIL OF THE CITY OFDubuque, Iowa desires to lease property DUBUQUE, IOWA:described as Lot 21 and Lot 22 of the Finley Regular Session, July 1, 1996 Home Addition to the Finley Hospital for aNEIGHBORHOOD SHOPPING CENTER Cancer Survivors Public Park; andDISTRICT. WHEREAS, a mapping error omitted LotNOW, THEREFORE, BE IT ORDAINED 21 of the Finley Home Addition from theBY THE CITY COUNCIL OF THE CITY OF description of the leased property incorporatedDUBUQUE, IOWA: into the original lease which was approved bySection 1. That Appendix A (the Zoning the City Council on February 5, 1996; andOrdinance) of the City of Dubuque Code of WHEREAS, the City Council of the City ofOrdinances is hereby amended by Dubuque, Iowa, overruled any and allreclassifying the hereinafter described objections, oral or written, to this amendmentproperty from R-3 Moderate Density Multi- to the lease agreement.Family Residential District to C-2 NOW THEREFORE, BE IT RESOLVEDNeighborhood Shopping Center District, to wit: BY THE CITY COUNCIL OF THE CITY OFLot 2 of Lot 2 of J. George Place, and to DUBUQUE, IOWA:the center line of the adjoining public right- Section 1. The Amendment to add Lot 21of-way, all in the City of Dubuque, Iowa. of the Finley Home Addition to the descriptionSection 2. The foregoing amendment has of property being leased under the Leaseheretofore been reviewed by the Zoning Agreement between the City of Dubuque andCommission of the City of Dubuque, Iowa. The Finley Hospital for a Cancer Survivors'Section 3. This ordinance shall take effect Public Park, a copy of which is attachedimmediately upon publication, as provided by hereto, is hereby approved.law. Section 2. The City Manager is authorizedPassed, approved and adopted this 1st day and directed to execute the amended Leaseof July, 1996. Agreement on behalf of the City of Dubuque.Terrance M. Duggan, Mayor Passed, approved and adopted this 1st dayAttest: Mary A. Davis, City Clerk of July, 1996.Published officially in the Telegraph Herald Terrance M. Duggan, Mayornewspaper this 9th day of July, 1996. Attest: Mary A. Davis, City Clerk1t 7/9Mary A. Davis CMC, City Clerk Council Member Michalski moved adoptionCouncil Member Voetberg moved final of the Resolution. Seconded by Councilconsideration and passage of the Ordinance. Member Buol. Carried by the following vote:Seconded by Council Member Robbins. Yeas—Mayor Duggan, Council Members Carried by the following vote: Yeas—Council Buol, Krieg, Michalski, Nicholson, Robbins, Members Buol, Krieg, Michalski, Nicholson, Voetberg. Nays—None. Robbins, Voetberg. Nays—None. Absent—Mayor Duggan. Mayor Duggan left the Chambers due to possible conflict of interest on the following Mayor Duggan returned to the Chambers item. following the roll call. Proof of publication certified to by the Proof of publication certified to by the Publisher on Notice of Public Hearing to Publisher on Notice of Public Hearing to reclassify property located on Cedar Cross amend PR District for property located at Place from R-3 to C-2 District, presented and Padre Pio Drive, presented and read. Council read. Council Member Voetberg moved that Member Nicholson moved that the proof be the proof be received and filed. Seconded by received and filed. Seconded by Council Council Member Robbins. Carried by the Member Krieg. Carried by the following vote: following vote: Yeas—Council Members Buol, Yeas—Mayor Duggan, Council Members Krieg, Michalski, Nicholson, Robbins, Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. Absent—Mayor Voetberg. Nays—None. Duggan. Sister Irene Helman and Sr. Delores An Ordinance Amending Zoning Map by Aldrige spoke stating that this is a not a reclassifying property located on Cedar Cross Stonehill project and objecting to proposed Place from R-3 Moderate Density Multi-Familyphasing in of project and urged doing it all at Residential District to C-2 Neighborhoodonce. Shopping Center District, said Ordinance having been presented and read at the CouncilDelores Mayer, of Highland Properties, Meeting of June 17th, presented for furtherLLC, spoke giving background information on action.project. (OFFICIAL PUBLICATION)An Ordinance Amending Zoning Map by ORDINANCE NO. 37-96amending the PR Planned Residential District AN ORDINANCE AMENDING APPENDIX Aand Conceptual Development Plan for (THE ZONING ORDINANCE) OF THE CITYproperty located at Padre Pio Drive, presented OF DUBUQUE CODE OF ORDINANCES, and read. Council Member Robbins moved BY RECLASSIFYING HEREINAFTER that action on this Ordinance be tabled to the DESCRIBED PROPERTY LOCATED ON Council Meeting of 7-15-96. Seconded by CEDAR CROSS PLACE FROM R-3 Council Member Nicholson. Carried by the MODERATE DENSITY MULTI-FAMILY following vote: Yeas—Mayor Duggan, Council RESIDENTIAL DISTRICT TO C-2 Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. Regular Session, July 1, 1996 Proof of publication certified to by theNicholson, Robbins. Nays—Council Members Publisher on Notice of Public Hearing toBuol, Krieg, Voetberg. reclassify property at Northwest Arterial and JFK From AG to C-3 District, presented andCity Manager responding to petitions read. Council Member Voetberg moved thatregarding amending Zoning Ordinance relating the proof be received and filed. Seconded byto regulations for recreational vehicles, Council Member Nicholson. Carried by thepresented and read. Council Member following vote: Yeas—Council Members Buol,Voetberg moved that the communication be Michalski, Nicholson, Robbins. Nays—Mayorreceived and filed and matter referred to the Duggan, Council Members Krieg, Voetberg. Zoning Advisory Commission for further study and report. Seconded by Council Member John Kivlahan, 4922 Flower Dr., as theNicholson. Carried by the following vote: owner spoke requesting this rezoning and fullYeas—Mayor Duggan, Council Members access to the NW Arterial.Buol, Krieg, Michalski, Nicholson, Robbins, Randy Judge, 2828 Bronson Rd., spokeVoetberg. Nays—None. stressing that this Hacienda neighborhood should have access onto the NW Arterial.Mike and Tammy Hansen appealing decision of denial by Historical Preservation An Ordinance Amending Zoning Map byCommission regarding use of alternative reclassifying property located at the Southmaterials on their front porch at 1283 Walnut side of the Northwest Arterial West of John F.St. and Historical Preservation Commission Kennedy Road from AG Agricultural District totransmitting their findings and decision to the C-3 General Commercial District, saidCity Council, presented and read. Ordinance having been presented and read at the Council Meeting of 6-17-96 presented forMike and Tammy Hansen spoke to the further action. Council regarding their denial. (OFFICIAL PUBLICATION)Council Member Michalski moved that the ORDINANCE NO. 38-96appeal be sent back to the Historic AN ORDINANCE AMENDING APPENDIX APreservation Commission. Seconded by (THE ZONING ORDINANCE) OF THE CITYCouncil Member Voetberg. Carried by the OF DUBUQUE CODE OF ORDINANCES,following vote: Yeas—Mayor Duggan, Council BY RECLASSIFYING HEREINAFTERMembers Buol, Krieg, Michalski, Nicholson, DESCRIBED PROPERTY LOCATED ATRobbins, Voetberg. Nays—None. THE SOUTH SIDE OF THE NORTHWEST ARTERIAL WEST OF JOHN F. KENNEDYProof of publication certified to by the ROAD FROM AG AGRICULTURALPublisher on Notice to bidders of the receipt DISTRICT TO C-3 GENERALof bids for the 1996 Portland Cement Paving COMMERCIAL DISTRICT.Project No. 2 and City Manager NOW, THEREFORE, BE IT ORDAINEDrecommending to award contract for project, BY THE CITY COUNCIL OF THE CITY OFpresented and read. Council Member Buol DUBUQUE, IOWA:moved that the proof and communication be Section 1. That Appendix A (the Zoningreceived and filed. Seconded by Council Ordinance) of the City of Dubuque Code ofMember Voetberg. Carried by the following Ordinances is hereby amended byvote: Yeas—Mayor Duggan, Council Members reclassifying the hereinafter describedBuol, Krieg, Michalski, Nicholson, Robbins, property from AG Agricultural District to C-3Voetberg. Nays—None. General Commercial District, to wit: Lot 2 of 1 of Helen E. & Mary H. StewartRESOLUTION NO. 250-96 Subdivision, and to the center line of theAWARDING CONTRACT adjoining public right-of-way, all in the CityWhereas, sealed proposals have been of Dubuque, Iowa.submitted by contractors for the 1996 P.C. Section 2. The foregoing amendment hasConcrete Paving Project #2, pursuant to heretofore been reviewed by the ZoningResolution No. 204-96 and notice to bidders Commission of the City of Dubuque, Iowa.published in a newspaper published in the City Section 3. This ordinance shall take effectof Dubuque, Iowa on the 6th of June, 1996. immediately upon publication, as provided byWhereas, said sealed proposals were law.opened and read on the 20th of June, 1996 Passed, approved and adopted this 1st dayand it has been determined that the bid of of July, 1996.Portzen Construction, Inc. of Dubuque in the Terrance M. Duggan, Mayoramount of $1,739,261.38 was the lowest bid Attest: Mary A. Davis, City Clerkfor the furnishings of all labor and materials Published in the Telegraph Heraldand performing the work as provided for in the newspaper this 9th day of July, 1996.plans and specifications. NOW THEREFORE, BE IT RESOLVED 1t 7/9Mary A. Davis CMC, City Clerk BY THE CITY COUNCIL OF THE CITY OF Council Member Voetberg moved final DUBUQUE, IOWA: consideration and passage of the Ordinance. That the contract for the above Seconded by Council Member Nicholson. improvement be awarded to Portzen Carried by the following vote: Yeas—Mayor Construction, Inc. and the Manager be and is Duggan, Council Members Michalski, hereby directed to execute a contract on Regular Session, July 1, 1996 behalf of the City of Dubuque for the completePROVIDING IN SECTION 27-85 FOR performance of the work.PUBLIC ACCOMMODATIONS BE IT FURTHER RESOLVED:PROHIBITED PRACTICES, PROVIDING IN That upon the signing of said contract andSECTION 27-86 FOR NEW the approval of the contractor's bond, the CityCONSTRUCTION AND THE ALTERATION Treasurer is authorized and instructed toOF PUBLIC ACCOMMODATIONS; AND BY return the bid deposits of the unsuccessfulADOPTING A NEW SECTION 27-102 bidders.REQUIRING THAT CERTAIN Passed, approved and adopted this 1st dayEXAMINATIONS AND COURSES BE of July, 1995.ACCESSIBLE TO PERSONS WITH Terrance M. Duggan, MayorDISABILITIES. Attest: Mary A. Davis, City ClerkNOW, THEREFORE, BE IT ORDAINED Council Member Buol moved adoption ofBY THE CITY COUNCIL OF THE CITY OF the Resolution. Seconded by Council MemberDUBUQUE, IOWA: Voetberg. Carried by the following vote:Section 1. That Section 27-1 of the Code of Yeas—Mayor Duggan, Council MembersOrdinances of the City of Dubuque, is Buol, Krieg, Michalski, Nicholson, Robbins,amended by deleting the definition of Voetberg. Nays—None. "employee," and by adding thereto the following new definitions: City Manager submitting an amended"Employee" means an individual employed Human Relations Ordinance to includeby an employer. provisions of Americans with Disabilities Act"Readily achievable" means easily (ADA), presented and read. Council Memberaccomplishable and able to be carried out Voetberg moved that the communication bewithout much difficulty or expense. In received and filed. Seconded by Councildetermining whether an action is readily Member Nicholson. Carried by the followingachievable, factors to be considered vote: Yeas—Mayor Duggan, Council Membersinclude: Buol, Krieg, Michalski, Nicholson, Robbins,(1) The nature and cost of the action needed Voetberg. Nays—None.under this Act; (2) The overall financial resources of the An Ordinance Amending certain sectionsfacility or facilities involved in the action; the of Chapter 27 of the City Code of Ordinancesnumber of persons employed at such facility; to comply with provisions of ADA, presentedthe effect on expenses and resources, or the and read. impact otherwise of such action upon the operation of the facility; (OFFICIAL PUBLICATION)(3) The overall financial resources of the ORDINANCE NO. 39-96covered entity; the overall size of the business AN ORDINANCE AMENDING CHAPTER 27of a covered entity with respect to the number "HUMAN RELATIONS" OF THE CODE OFof its employees; the number, type, and ORDINANCES OF THE CITY OFlocation of its facilities; and DUBUQUE, IOWA, BY DELETING THE(4) The type of operation or operations of the DEFINITION OF "EMPLOYEE" IN SECTIONcovered entity, including the composition, 27-1 "DEFINITIONS" AND ADDING NEWstructure, and functions of the workforce of DEFINITIONS FOR "EMPLOYEE,"such entity; the geographic separateness, "READILY ACHIEVABLE," "DIRECTadministrative or fiscal relationship of the THREAT," "DRUG," "REASONABLEfacility or facilities in question to the covered ACCOMMODATION," "COVERED ENTITY"entity. AND "UNDUE HARDSHIP;" BY"Direct threat" means a significant risk to the REPEALING SECTION 27-61 PROVIDINGhealth or safety of others that cannot be FOR PROHIBITED PRACTICES IN PUBLICeliminated by reasonable accommodation. ACCOMMODATIONS AND ADOPTING A"Drug" means a controlled substance, as NEW SECTION 27-61 PROVIDING FORdefined in Schedules I through V of Section PROHIBITED PRACTICES IN PUBLIC202 of the Controlled Substances Act. ACCOMMODATION; BY REPEALING"Reasonable accommodation" may include: SECTION 27-71 PROVIDING FOR(1) Making existing facilities used by PROHIBITED PRACTICES INemployees readily accessible to and usable by EMPLOYMENT AND ADOPTING A NEWindividuals with disabilities; and SECTION 27-71 PROVIDING FOR(2) Job restructuring, part-time or modified PROHIBITED PRACTICES INwork schedules, reassignment to a vacant EMPLOYMENT; BY ADOPTING A NEWposition, acquisition or modification of DIVISION FOR "DISABILITYequipment or devices, appropriate adjustment DISCRIMINATION" PROVIDING INor modifications of examinations, training SECTION 27-81 FOR EMPLOYMENTmaterials or policies, the provision of qualified PROHIBITED PRACTICES; PROVIDING INreaders or interpreters, and other similar SECTION 27-82 FOR DEFENSES,accommodations for individuals with EXEMPTIONS AND EXCLUSIONS IN SUCHdisabilities. ACTIONS; PROVIDING IN SECTION 27-83"Covered entity" means an employer, FOR THE CONSTRUCTION OF CERTAINemployment agency, labor organization, or PROVISIONS, PROVIDING IN SECTION 27-joint labor-management committee. 84 FOR INDIVIDUALS ENGAGING IN"Undue hardship" means an action requiring ILLEGAL USE OF DRUGS AND ALCOHOL,significant difficulty or expense. In determining Regular Session, July 1, 1996 whether an accommodation would impose an(2) Labor organizations or the employees, undue hardship on a covered entity, factors toagents, or members thereof to refuse to admit be considered include:to membership any applicant, to admit to (1)The nature and cost of the accommodationmembership any applicant, to expel any needed under this Act;member, or to otherwise discriminate against (2) The overall financial resources of theany applicant for membership or any member facility or facilities involved in the provision ofin the privileges, rights, or benefits of such the reasonable accommodation; the number ofmembership because of the race, creed, color, persons employed at such facility; the effectsex, age, national origin or religion of such on expenses and resources, or the impactapplicant or member. otherwise of such accommodation upon the(3) Employer, employment agency, labor operation of the facility;organization, or the employees, agents, or (3) The overall financial resources of themembers thereof, to directly or indirectly covered entity; the overall size of the businessadvertise or in any other manner indicate or of a covered entity with respect to the numberpublicize that individuals of any particular race, of its employees; the number, type, andcreed, color, sex, age, national origin or location of its facilities; andreligion are unwelcome, objectionable, not (4) The type of operation or operations of theacceptable, or not solicited for employment or covered entity, including the composition,membership, unless based upon the nature of structure, and functions of the workforce ofthe occupation. such entity; the geographic separateness,Section 4. That the Code of Ordinances of administrative, or fiscal relationship of thethe City of Dubuque be amended by enacting facility or facilities in question to the covereda new Division 4 as follows: entity."Division 4. Disability Discrimination." Section 2. That Section 27-61 of the CodeSection 27-81. Employment prohibited of Ordinances of the City of Dubuque ispractices. hereby repealed and the following new Section(1) General rule. No covered entity shall 27-61 is hereby adopted in lieu thereof: discriminate against a qualified individual with Section 27-61. Prohibited practices.a disability because of the disability of such It shall be an unfair or discriminatoryindividual in regard to job application practice for any owner, lessee, sublessee,procedures, the hiring, advancement, or proprietor, manager, or superintendent of anydischarge of employees, employee public accommodation or any agent orcompensation, job training, and other terms, employee thereof: conditions, and privileges of employment. (1) To refuse or deny to any person because(2) Construction. As used in subsection (1), of race, creed, color, sex, age national origin,the term "discriminate" includes: or religion the accommodations, advantages,a. Limiting, segregating, or classifying a job facilities, services, or privileges thereof, orapplicant or employee in a way that adversely otherwise to discriminate against any personaffects the opportunities or status of such because of race, creed, color, sex, age,applicant or employee because of the disability national origin, religion, or in the furnishing ofof such applicant or employee; such accommodations, advantages/facilities,b. Participating in a contractual or other services or privileges.arrangement or relationship that has the effect (2) To directly or indirectly advertise or in anyof subjecting a covered entity's qualified other manner indicate or publicize that theapplicant or employee with a disability to the patronage of persons of any particular race,discrimination prohibited by this chapter (such creed, color, sex, age, national origin, religionrelationship includes a relationship with an is unwelcome, objectional, not acceptable, oremployment or referral agency, labor union, an not solicited.organization providing fringe benefits to an Section 3. That Section 27-71 of the Codeemployee of the covered entity, or an of Ordinances of the City of Dubuque isorganization providing training and hereby repealed and the following new Sectionapprenticeship programs); 27-71 is hereby adopted in lieu thereof: c. Utilizing standards, criteria, or methods of Section 27-71. Prohibited practices.administration: It shall be an unfair or discriminatory1. That have the effect of discrimination on the practice for any:basis of disability; or (1) Person to refuse to hire, accept, register,2. That perpetuate the discrimination of others classify, or refer for employment, to dischargewho are subject to common administrative any employee, or to otherwise discriminate incontrol; employment against any applicant ford. Excluding or otherwise denying equal jobs employment or any employee because of theor benefits to a qualified individual because of race, creed, color, sex, age, national origin orthe known disability of an individual with whom religion of such applicant or employee, unlessthe qualified individual is known to have a based upon the nature of the occupation. If arelationship or association; disabled person is qualified to perform ae.. Not making reasonable accommodations to particular occupation, by reason of training orthe known physical or mental limitations of an experience, the nature of that occupation shallotherwise qualified individual with a disability not be the basis for exception to the unfair orwho is an applicant or employee; unless such discriminatory practices, prohibited by thiscovered entity can demonstrate that the subsection.accommodation would impose an undue Regular Session, July 1, 1996 hardship on the operation of the business ofor as to the nature or severity of such such covered entity; ordisability. 2. Denying employment opportunities to a job2. Acceptable inquiry. A covered entity may applicant or employee who is an otherwisemake pre-employment inquiries into the ability qualified individual with a disability, if suchof an applicant to perform job-related denial is based on the need of such coveredfunctions. entity to make reasonable accommodation toc. Employment entrance examination. A the physical or mental impairments of thecovered entity may require a medical employee or applicant;examination after an offer of employment has f. Using qualification standards, employmentbeen made to a job applicant and prior to the tests or other selection criteria that screen outcommencement of the employment duties of or tend to screen out an individual with asuch applicant, and may condition an offer of disability or a class of individuals withemployment on the results of such disabilities unless the standard test or otherexamination, if: selection criteria, as used by the covered1. All entering employees are subjected to entity, is shown to be job-related for thesuch an examination regardless of disability; position in question and is consistent with2.Information obtained regarding the medical business necessity; and condition or history of the applicant is collected g. Failing to select and administer testsand maintained on separate forms and in concerning employment in the most effectiveseparate medical files and is treated as a manner to ensure that, when such test isconfidential medical record, except that: administered to a job applicant or employee(a) Supervisors and managers may be who has a disability that impairs sensory,informed regarding necessary restrictions on manual, or speaking skills, such test resultsthe work or duties of the employee and accurately reflect the skills, aptitude, ornecessary accommodations; whatever other factor of such applicant or(b) First aid and safety personnel may be employee that such test purports to measure,informed, when appropriate, if the disability rather than reflecting the impaired sensory,might require emergency treatment; and manual, or speaking skills of such employee(c) Government officials investigating or applicant (except where such skills are thecompliance with this chapter shall be provided factors that the test purports to measure).relevant information on request; and h. Soliciting or requiring as a condition of3. The results of such examination are used employment of any employee or prospectiveonly in accordance with this chapter. employee a test for the presence of thed. Examination and inquiry. antibody to the human immunodeficiency virus1. Prohibited examinations and inquiries. A or affecting the terms, conditions, or privilegescovered entity shall not require a medical of employment or terminating the employmentexamination and shall not make inquiries of an of any employee solely as a result of theemployee as to whether such employee is an employee obtaining a test for the presence ofindividual with a disability or as to the nature or the antibody to the human immunodeficiencyseverity of the disability, unless such virus. An agreement between an employer,examination or inquiry is shown to be job- employment agency, labor organization, orrelated and consistent with business their employees, agents, or members and annecessity. employee or prospective employee concerning2. Acceptable examinations and inquiries. A employment, pay or benefits to an employee orcovered entity may conduct voluntary medical prospective employee in return for taking a testexaminations, including voluntary medical for the presence of the antibody to the humanhistories, which are part of an employee health immunodeficiency virus, is prohibited. Theprogram available to employees at the work prohibitions of this paragraph do not apply ifsite. A covered entity may make inquiries into the state epidemiologist determines and thethe ability of an employee to perform job- director of public health declares through therelated functions. utilization of guidelines established by the3. Requirement. Information obtained under center for disease control of the United Statessubparagraph d(2) regarding the medical department of health and human services, thatcondition or history of any employee are a person with a condition related to acquiredsubject to the requirements of subparagraph immune deficiency syndrome poses a2 and 3 of paragraph c. significant risk of transmission of the humanSection 27-82. Defenses, Exemptions and immunodeficiency virus to other persons in aExclusions. specific occupation. A. Defenses (3) Medical examinations and inquiries.(1) In general. It may be a defense to a charge a. In general. The prohibition againstof discrimination under this Division that an discrimination as referred to in subsection (1)alleged application of qualification standards, shall include medical examinations andtests, or selection criteria that screen out or inquiries.tend to screen out or otherwise deny a job or b. Pre-employment.benefit to an individual with a disability has 1. Prohibited examination or inquiry. Except asbeen shown to be job-related and consistent provided in paragraph "c", a covered entitywith business necessity, and such shall not conduct a medical examination orperformance cannot be accomplished by a make inquires of a job applicant as to whetherreasonable accommodation, as required under such applicant is an individual with a disabilitythis chapter. Regular Session, July 1, 1996 (2) Qualification standards. The term(4) An employers qualifications for a job may "qualification standards" may include ainclude a requirement that an individual shall requirement that an individual shall not pose anot pose a direct threat to the health or safety direct threat to the health or safety of otherof other individuals in the workplace. individuals in the workplace.C. Exclusions. (3) Reasonable accommodation and good(1) Homosexuality and bisexuality. For faith effort. In cases where a discriminatorypurposes of the definition of "disability" in practice involves the provision of a reasonablesection 27-1, homosexuality and bisexuality accommodation pursuant to section 3, actualare not impairments and as such are not damages other than damages for back paydisabilities under this division. may not be awarded under this chapter where(2) Certain conditions. Under this Division, the covered entity proves, by a preponderancethe term "disability" shall not include: of the evidence, good faith efforts, ina. Transvestism, transsexualism, pedophilia, consultation with the person with the disabilityexhibitionism, voyeurism, gender identity who has informed the covered entity thatdisorders not resulting from physical accommodation is needed, to identify andimpairments, or other sexual behavior make a reasonable accommodation that woulddisorders; provide such individual with an equallyb. Compulsive gambling, kleptomania, or effective opportunity and would not cause anpyromania; or undue hardship on the operation of thec. Psychoactive substances use disorders business.resulting from current illegal use of drugs. (4) Religious entities.Section 27-83. Construction a. In general. This chapter shall not prohibit a(1) Insurance. This chapter shall not be religious corporation, association, educationalconstrued to prohibit or restrict: institution, or society from giving preference ina. An insurer, hospital or medical service employment to individuals of a particularcompany, health maintenance organization, or religion to perform work connected with theany agent, or entity that administers benefits carrying on by such corporation, association,plans, or similar organizations from educational institution, or society of itsunderwriting risks, classifying risks, or activities.administering such risks that are based on or b. Religious tenets requirement. Under thisnot inconsistent with other laws of this State; chapter, a religious organization may requireor that all applicants and employees conform tob. A person or organization covered by this the religious tenets of such organization.chapter from establishing, sponsoring, (5) List of infectious and communicableobserving or administering the terms of a bona diseases.fide benefit plan that are based on a. Applications. In any case in which anunderwriting risks, classifying risks, or individual has an infectious or communicableadministering such risks that are based on or disease that is transmitted to other through thenot inconsistent with other laws of this State; handling of food, that is include on the listor developed by the Secretary of Health andc. A person or organization covered by this Human Services under 42 USC 12113(d) andchapter from establishing, sponsoring, which cannot be eliminated by reasonableobserving or administering the terms of a bona accommodation, a covered entity may refusefide benefit plan that is to subject to the laws to assign or continue to assign such individualof this State that regulate insurance. to a job involving food handling.d. Paragraphs "a", "b", and "c" shall not be b. Construction. Nothing in this Division shallused as subterfuge to evade the purposes of be construed to preempt, modify, or amendthis chapter. any local law, ordinance, or regulation(2) Accommodations and services. Nothing in applicable to food handling which is designedthis chapter shall be construed to require an to protect the public health from individualsindividual with a disability to accept an who pose a significant risk to the health oraccommodation, aid, service, opportunity, or safety of other, which cannot be eliminated bybenefit which such individual chooses not to reasonable accommodation, pursuant to theaccept. list of infectious or communicable diseases(3) Smoking. Nothing in this Division shall be and the modes of transmissibility published byconstrued to preclude the prohibition of, or the the Secretary of Health and Human Services.imposition of restrictions on, smoking in B. Exemptions.places of employment or in public This division shall not apply to:accommodations. (1) Any employer who regularly employs lessSection 27-84. Illegal use of drugs and than four (4) individuals. For purposes of thisalcohol. subsection, individuals who are members of(1) Qualified individual with a disability. For the employer's family shall not be counted aspurposes of this Division, the term "qualified employees.individual with a disability" shall not include (2) The employment of individuals for workany employee or applicant who is currently within the home of the employer if theengaging in the illegal use of drugs, when the employer or members of the employer's familycovered entity acts on the basis of such use. reside therein during such employment.(2) Rules of construction. Nothing in (3) The employment of individuals to rendersubsection (1) shall be construed to exclude personal service to the person of the employeras a qualified individual with a disability an or members of the employer's family.individual who: Regular Session, July 1, 1996 a. Has successfully completed a supervisedgoods, services, facilities, privileges, drug rehabilitation program and is no longeradvantages, or accommodations. engaging in the illegal use of drugs, or has(2) It shall be an unfair or discriminatory otherwise been rehabilitated successfully andpractice not to afford an individual or class of is no longer engaging in such use;individuals on the basis of disability the full b. Is participating in a supervised rehabilitationand equal enjoyment of a facility in an program and is no longer engaging in suchintegrated setting appropriate to the needs of use; orthe individual. c. Is erroneously regarded as engaging in(3) It shall be an unfair or discriminatory such use, but is not engaging in such use;practice for any person who owns, leases (or except that it shall not be a violation of thisleases to), or operates a public chapter for a covered entity to adopt oraccommodation to discriminate against an administer reasonable policies or proceduresindividual or class of individuals in any of the including but not limited to drug testing,following: designed to ensure that an individuala. It shall be discriminatory to provide an described in paragraph "a" or "b" is no longerindividual or class of individuals, on the basis engaging in the illegal use of drugs, however,of a disability or disabilities of such individual nothing in this section shall be construed toor class, directly, or through contractual, encourage, prohibit, restrict, or authorize thelicensing, or other arrangements with a good, conducting of testing for the illegal use ofservice, facility, privilege, advantage, or drugs.accommodation that is different or separate (3) Authority of covered entity. A coveredfrom that provided to other individuals, unless entity:such action is necessary to provide the a. May prohibit the illegal use of drugs and theindividual or class of individuals with a good, use of alcohol at the workplace by allservice, facility, privilege, advantage, or employees;accommodation, or other opportunity that is as b. May require that employees shall not beeffective as that provided to others. under the influence of alcohol or be engagingb. Notwithstanding the existence of separate in the illegal use of drugs at the workplace;or different programs or activities provided in andaccordance with this section, an individual c. May hold an employee who engages in thewith a disability shall not be denied the illegal use of drugs or who is an alcoholic toopportunity to participate in such programs or the same qualification standards foractivities that are not separate or different. employment or job performance and behaviorc. A public accommodation shall not, directly that such entity holds other employees, evenor through contractual or other arrangements, if any unsatisfactory performance or behaviorutilize standards or criteria or methods of is related to the drug use or alcoholism ofadministration such employee.1. that have the effect of discriminating on the (4) Drug testing.basis of disability; or a. In general. For purposes of this chapter, a2. that perpetuate the discrimination of others test to determine the illegal use of drugs shallwho are subject to common administrative not be considered a medical examination.control. b. Construction. Nothing is this chapter shalld. It shall be discriminatory to exclude or be construed to encourage, prohibit, orotherwise deny equal goods, services, authorize the conducting of drug testing forfacilities, privileges, advantages, the illegal use of drugs by job applicants oraccommodations, or other opportunities to an employees or making employment decisionsindividual or entity because of the known based on such test results.disability of an individual with whom the (5) Transportation employees. Nothing in thisindividual or entity is known to have a chapter shall be construed to encourage,relationship or association. prohibit, restrict, or authorize the otherwise(4) For purposes of subsection (1), lawful exercise by entities subject to thediscrimination includes: jurisdiction of the Iowa Department ofa. The imposition or application of eligibility Transportation of authority to:criteria that screen out or tend to screen out a. Test employees of such entities in, andan individual with a disability or any class of applicants for, positions involving safety-individuals with disabilities from fully and sensitive duties for the illegal use of drugs andequally enjoying any goods, services, facilities, for on-duty impairment by alcohol; andprivileges, advantages, or accommodations, b. Remove such persons who test positive forunless such criteria can be shown to be illegal use of drugs and on-duty impairment bynecessary for the provision of the goods, alcohol pursuant to paragraph "a" from safety-services, facilities, privileges, advantages, or sensitive duties in implementing subsectionaccommodations being offered; (3).b. A failure to make reasonable modifications Section 27-85. Public accommodationsin policies, practices, or procedures, when prohibited practices.such modifications are necessary to afford (1) It shall be an unfair or discriminatorysuch goods, services, facilities, privileges, practice for any person who owns, leases (oradvantages, or accommodations to individuals leases to), or operates a publicwith disabilities, unless the entity can accommodation on the basis of disability todemonstrate that making such modifications refuse or deny full and equal enjoyment of thewould fundamentally alter the nature of such Regular Session, July 1, 1996 goods, services, facilities, privileges,(2) Subsection (a) and (b) shall not be advantages, or accommodations;construed to require the installation of an c. A failure to take such steps as may beelevator for facilities that are less than three necessary to ensure that no individual with astories or have less than 3,000 square feet per disability is excluded, denied services,story unless the building is a shopping center, segregated or otherwise treated differentlya shopping mall, or the professional office of a than other individuals because of the absencehealth care provider. of auxiliary aids and services, unless the entity Section 5. That the Code of Ordinances of can demonstrate that taking such steps wouldthe City of Dubuque, be amended by enacting fundamentally alter the nature of the good,a new Section 27-102 entitled "Examinations service, facility, privilege, advantage, orand Courses" as follows: accommodation being offered or would result Section 27-102. Examinations and courses. in an undue burden; Any person that offers examinations or d. A failure to remove architectural barrierscourses related to applications, licensing, and communication barriers that are structuralcertification, or credentialing for secondary or in nature, in existing facilities, andpostsecondary education, professional, or transportation barriers in existing vehicles andtrade purposes shall offer such examinations rail passenger cars used by an establishmentor courses in a place and manner accessible for transporting individuals (not includingto persons with disabilities or offer alternative barriers that can only be removed through theaccessible arrangements for such individuals. retrofitting of vehicles or rail passenger cars Section 6. This Ordinance shall take effect by the installation of hydraulic or other lift),upon publication for all employers who where such removal is readily achievable; andregularly employ fifteen (15) or more e. Where an entity can demonstrate that theemployees; and on January 1, 1998 for all removal of a barrier under clause (d) is notemployers who regularly employ between four readily achievable, a failure to make such(4) or more and fourteen (14) employees. goods, services, facilities, privileges, Passed, approved and adopted this 1st day advantages, or accommodations availableof July, 1996. through alternative methods if such methodsTerrance M. Duggan, Mayor are readily achievable.Attest: Mary A. Davis, City Clerk (5) Nothing in this section shall require anPublished officially in the Telegraph entity to permit an individual to participate in or Herald newspaper this 12th day of July, 1996. benefit from the goods, services, facilities, 1t 7/12Mary A. Davis CMC, City Clerk privileges, advantages and accommodations Council Member Voetberg moved that the of such entity where such individual poses a requirement that a proposed Ordinance be direct threat to the health or safety of others. considered and voted on for passage at two Section 27-86. New construction and Council Meetings prior to the meeting at which alteration of public accommodation. it is to be finally passed be suspended. (1) It shall be an unfair or discriminatory Seconded by Council Member Nicholson. practice on the basis of disability to: Carried by the following vote: Yeas—Mayor a. Fail to design and construct all public Duggan, Council Members Buol, Krieg, accommodations built after September 1, Michalski, Nicholson, Robbins, Voetberg. 1996, so that they are readily accessible to Nays—None. Council Member Voetberg and usable by individuals with disabilities, moved final consideration and passage of the except where an entity can demonstrate that it Ordinance. Seconded by Council Member is structurally impracticable to meet such Nicholson. Carried by the following vote: requirements. Yeas—Mayor Duggan, Council Members b. With respect to a facility or part thereof that Buol, Krieg, Michalski, Robbins, Voetberg. is altered by, on behalf of, or for the use of an Nays—Council Member Nicholson. establishment in a manner that affects or could affect the usability of the facility or part There being no further business, Council thereof, a failure to make alterations in such a Member Voetberg moved to adjourn. manner that, to the maximum extent feasible, Seconded by Council Member Nicholson. the altered portions of the facility are readily Carried by the following vote: Yeas—Mayor accessible to and usable by individuals with Duggan, Council Members Buol, Krieg, disabilities, including individuals who use Michalski, Nicholson, Robbins, Voetberg. wheelchairs. Where the entity is undertaking Nays—None. The meeting adjourned at 9:06. an alteration that affects or could affect usability of or access to an area of the facility Mary A. Davis CMC containing a primary function, the entity shall City Clerk also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains Approved ,1997 serving the altered area are not disproportionate to the overall alterations in Adopted ,1997 terms of cost and scope. Regular Session, July 1, 1996 Mayor Council Members Attest: City Clerk Regular Session, July 15, 1996 CITY OF DUBUQUE BOARD OF HEALTH QUARTERLY MEETING Board of Health, Regular Quarterly Meeting, Monday, July 15, 1996. Approved ,1997 Board Met at 6;50 p.m., Public Library Auditorium. Adopted ,1997 Present: Chairperson Duggan, Board Members Krieg, Michalski, Nicholson, Robbins, Voetberg. Absent—Board Member Buol. Chairperson Chairperson Duggan read the call and stated this is the Regular Quarterly Meeting of the Board of Health called for the purpose to act upon such business which may properly come before the Board. Dubuque Visiting Nurse Association submitting their report for Fiscal Year 1996, presented and read. Board Member Voetberg moved that the communication be received and filed. Seconded by Board Member Michalski. Carried by the following vote: Board Members Yeas—Chairperson Duggan, Council Attest: Members Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. Absent—Board Member Buol. Secretary, Board of Health Julie McMahon of the Visiting Nurse Association (VNA) spoke. There being no further business, Board Member Voetberg moved to adjourn. Seconded by Board Member Nicholson. Carried by the following vote: Yeas—Chairperson Duggan, Board Members, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. Absent—Board Member Buol. The Board of Health meeting adjourned at 6:58 p.m. Mary A. Davis CMC Secretary, Board of Health Regular Session, July 15, 1996 Elmer Arensdorf in amount of $2908.27 for DUBUQUE backed up sewer damages; M. J. Ayers in undetermined amount for personal injuries; Judith A. Bandy in amount of $462.27 for CITY COUNCIL vehicle damages; Linda Breitbach in unknown amount for personal injuries; Ron & Ann Burds in total amount of $238.15 for backed OFFICIAL up sewer damages; Richard Curiel Jr., in PROCEEDINGS amount of $71.00 for tire damages; Lavern G. Lex in unknown amount for personal injuries; Karen Newman in approx. amount of $253.10 for personal injuries; Thomas R. Steffen in City Council, Regular Session, July 15, amount of $79.50 for car damages; Clarence 1996. N. Wernimont in amount of $52.95 for vehicle Council Met at 7:00 p.m., Public Library damages, presented and read. Council Auditorium. Member Voetberg moved that the claims and Present: Mayor Duggan, Council Members suits be referred to the Legal Staff for Krieg, Michalski, Nicholson, Robbins, investigation and report. Seconded by Voetberg, Assistant City Manager Tim Council Member Robbins. Carried by the Moerman, Corporation Counsel Barry Lindahl. Absent: Council Member Buol, Cityfollowing vote: Yeas—Mayor Duggan, Council Manager Michael Van Milligen.Members, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. Mayor Duggan read the call and stated thisAbsent—Council Member Buol. is the Regular Session of the City Council called for the purpose to act upon suchREFUNDS REQUESTED — Al Heiburger, business which may properly come before the$100.00 for unused Cigarette Permit, Council.presented and read. Council Member Voetberg moved that the refund be approved Invocation was given by Mr. Hugh E. Hale,with Finance Director to issue check. Associate Minister of the Dubuque Church ofSeconded by Council Member Robbins. Christ.Carried by the following vote: Yeas—Mayor Duggan, Council Members, Krieg, Michalski, PROCLAMATIONS — July 23-28 asNicholson, Robbins, Voetberg. Nays—None. "Dubuque County Fair Week" received byAbsent—Council Member Buol. Tracey Wilhelm, 4-H Queen and Zack Reiter, 4-H King; July 26th as "SupportedJane Steele submitting her resignation from Housing Trust Fund Committee, presented Employment Day" received by Howard Haig, and read. Council Member moved that the Mary Riley from the Gannon Center, Sadie resignation be received and filed and accepted Smith from Hillcrest, Dan Mendenhall from with regret. Seconded by Council Member Goodwill and Earl Brimeyer from ARC. Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members MINUTES SUBMITTED—Historical Krieg, Michalski, Nicholson, Robbins, Preservation Commission of 6-27; Housing Voetberg. Nays—None. Absent—Council Commission Trust Fund Committee of 6-13; Member Buol. Park & Recreation Commission of 6-11; Zoning Advisory Commission of 7-3; Zoning Lloyd Gudenkauf submitting his resignation Board of Adjustment of 6-27, and Proof of from the Building Code Board, presented and publication certified to by the Publisher on read. Council Member Voetberg moved that publication of minutes for Council meeting of the resignation be received and filed and 6-17-96, presented and read. Council Member accepted with regret. Seconded by Council Voetberg moved that the minutes and proof be Member Robbins. Carried by the following received and filed. Seconded by Council vote: Yeas—Mayor Duggan, Council Members Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council MembersKrieg, Michalski, Nicholson, Robbins, Krieg, Michalski, Nicholson, Robbins,Voetberg. Nays—None. Absent—Council Voetberg. Nays—None. Absent—CouncilMember Buol. Member Buol. Historic Bluffs Neighborhood Association Convention & Visitors Bureau submittingsubmitting petition containing 20 signatures their 4th Quarter Report, presented and read.supporting the current city ordinance for off presented and read. Council Memberstreet storage of vehicles, presented and read. Voetberg moved that the report be receivedCouncil Member Voetberg moved that the and filed. Seconded by Council Memberpetition be referred to Zoning Advisory Robbins. Carried by the following vote:Commission. Seconded by Council Member Yeas—Mayor Duggan, Council MembersRobbins. Carried by the following vote: Krieg, Michalski, Nicholson, Robbins,Yeas—Mayor Duggan, Council Members Voetberg. Nays—None. Absent—CouncilKrieg, Michalski, Nicholson, Robbins, Member Buol. Voetberg. Nays—None. Absent—Council Member Buol. NOTICES OF CLAIMS/SUITS — Robert Alt in amount of $421.96 for vehicle damages; Regular Session, July 15, 1996 City Manager requesting approval ofProgram (cp2) monies by Washington Consulting and Actuarial Services AgreementNeighborhood Council from Fiscal Year 1995 with the Segal Company and authorization toto Fiscal Year 1996, with completion of the execute the Agreement, presented and read.project and expenditure of funds by December Council Member Voetberg moved that the31, 1996. communication be received and filed andSection 2. That the City Manager be and is approved request. Seconded by Councilhereby authorized to prepare and execute an Member Robbins. Carried by the followingamendment to the contract with Washington vote: Yeas—Mayor Duggan, Council MembersNeighborhood Council, which provides for said Krieg, Michalski, Nicholson, Robbins,time extension. Voetberg. Nays—None. Absent—CouncilSection 3. That upon execution of said Member Buol. amendment, the City Manager is hereby authorized and directed to disburse program John Hafkemeyer submitting final countfunds in support of the approved project and in regarding lighting of the water tower project,accordance with the terms and conditions presented and read. Council Memberestablished in said amended contract. Voetberg moved that the communication bePassed, approved and adopted this 15th received and filed. Seconded by Councilday of July, 1996. Member Robbins. Carried by the following Terrance Duggan, Mayor vote: Yeas—Mayor Duggan, Council MembersAttest: Mary A. Davis, City Clerk Krieg, Michalski, Nicholson, Robbins,Council Member Voetberg moved adoption Voetberg. Nays—None. Absent—Councilof the Resolution. Seconded by Council Member Buol. Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members City Manager recommending approval ofKrieg, Michalski, Nicholson, Robbins, extension of the Community PartnershipVoetberg. Nays—None. Absent—Council Program grant expenditure deadline for theMember Buol. Washington Neighborhood Shelter, presented and read. Council Member Voetberg movedCity Manager recommending approval of an that the communication be received and filed.amendment of a CDBG Loan to William C. Seconded by Council Member Robbins.Brown Communications, Inc. (Times Mirror Carried by the following vote: Yeas—MayorHigher Education Group), presented and read. Duggan, Council Members Krieg, Michalski,Council Member Voetberg moved that the Nicholson, Robbins, Voetberg. Nays—None.communication be received and filed. Absent—Council Member Buol. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor RESOLUTION NO. 251-96Duggan, Council Members Krieg, Michalski, RESOLUTION APPROVING A TIMENicholson, Robbins, Voetberg. Nays—None. EXTENSION FOR EXPENDITURE OFAbsent—Council Member Buol. COMMUNITY PARTNERSHIP PROGRAM (CP2) FUNDS BY WASHINGTONRESOLUTION NO. 252-96 NEIGHBORHOOD COUNCIL.RESOLUTION AMENDING A COMMUNITY Whereas, under the provisions of Title 1 ofDEVELOPMENT BLOCK GRANT LOAN the Housing and Community Development ActAGREEMENT BETWEEN THE CITY OF of 1974, as amended, the City of DubuqueDUBUQUE, IOWA, AND WILLIAM C. has received Community Development BlockBROWN COMMUNICATIONS, INC. Grant (CDBG) funds for the development andWhereas, on April 5, 1993, the City of maintenance of a viable urban communityDubuque, Iowa (City) and William C. Brown through the provision of decent housing, aCommunications, Inc. (Company) entered into suitable living environment, and expandeda Community Development Block Grant loan economic opportunities for its residents,agreement titled Loan Agreement Number: 01- particularly those persons of low and moderate93; and income; andWhereas, said agreement includes a Whereas, the Community Partnershipprovision in Section 9, thereof, which requires Program (cp2) was developed in response toCompany to take all actions necessary and the national goals and objectives of the CDBGrequired to create a minimum of one hundred Program; andninety (190) full-time job equivalents with Whereas, amended guidelines for theCompany, on or before May 31, 1996; and implementation and administration of theWhereas, by letter dated June 6, 1996, Community Partnership Program (cp2) wereCompany has advised City that it has not met approved by the City Council;the job creation provision as of the May 31, Whereas, the City of Dubuque awarded1996 date, and that Company requests City Washington Neighborhood Council $10,000 inapproval of a three month extension of the cp2 funds on June 19, 1995 by Resolution No.date for job creation attainment; and 219-95.Whereas, Company has cited a pending NOW, THEREFORE, BE IT RESOLVEDsale of Company and a hiring freeze as the BY THE CITY COUNCIL OF THE CITY OFcause of its not meeting the May 31 deadline DUBUQUE, IOWA:and has indicated that an extension will permit Section 1. That the City Council herebyCompany to meet the job creation agrees to an extension of time for therequirement. expenditure of Community Partnership Regular Session, July 15, 1996 NOW, THEREFORE, BE IT RESOLVEDWhereas, the City Council of the City of BY THE CITY COUNCIL OF THE CITY OFDubuque, Iowa, overruled any and all DUBUQUE, IOWA:objections, oral and written to the proposal to Section 1. The request of Company for adispose of the interest of the City of Dubuque, three month extension of the time for meetingIowa, in the herein and above-named real Company's job creation obligation under Loanestate to the above-named grantee; and Agreement Number 01-93 is approved.Whereas, according to terms of a Section 2. Section 9 of Loan AgreementCommunity Partnership (CP2) Program funds Number 01-93 is hereby amended to extendaward from the City of Dubuque to Dubuque the date for creating a minimum of oneCounty Habitat for Humanity, the herein and hundred ninety (190) new permanent full-timeabove-named real estate is to be sold job equivalents with company in Dubuque,according to the following schedule: Lot One Iowa, from May 31, 1996, to August 31, 1996.(1) as of the date of this action; Lot Two (2) at Section 3. Company acceptance andcompletion of all required public improvements approval of this amendment shall befunded through the City of Dubuque witnessed by execution of an acceptance ofCommunity Partnership Program and at any this Resolution.rate no later than twelve months from the date Passed, approved and adopted this 15thof this action. day of July, 1996.NOW, THEREFORE, BE IT RESOLVED Terrance M. Duggan, MayorBY THE CITY COUNCIL OF THE CITY OF Attest: Mary A. Davis, City ClerkDUBUQUE, IOWA: Council Member Voetberg moved adoptionSection 1. That the disposal of the interest of the Resolution. Seconded by Councilof the City of Dubuque in the above-described Member Robbins. Carried by the followingproperty to Habitat for Humanity is approved. vote: Yeas—Mayor Duggan, Council MembersSection 2. That the Mayor be and he is Krieg, Michalski, Nicholson, Robbins,hereby authorized and directed to execute Quit Voetberg. Nays—None. Absent—CouncilClaim Deeds, and that the City Clerk be and Member Buol. she is hereby directed and authorized to deliver such Deeds, conveying the above City Manager recommending to selldescribed real estate to the above-named property located at 745 Davis St., presentedgrantee, as of the dates and under the terms and read. Council Member Voetberg movedand conditions specified above. that the communication be received and filed.Passed, approved and adopted this 15th Seconded by Council Member Robbins.day of July, 1996. Carried by the following vote: Yeas—MayorTerrance M. Duggan, Mayor Duggan, Council Members Krieg, Michalski,Attest; Mary A. Davis, City Clerk Nicholson, Robbins, Voetberg. Nays—None.Council Member Voetberg moved adoption Absent—Council Member Buol. of the Resolution. Seconded by Council Member Robbins. Carried by the following RESOLUTION NO. 253-96vote: Yeas—Mayor Duggan, Council Members RESOLUTION APPROVING THEKrieg, Michalski, Nicholson, Robbins, DISPOSAL OF CITY-OWNED PROPERTY,Voetberg. Nays—None. Absent—Council SPECIFICALLY, LOT ONE (1) AND LOTMember Buol. TWO (2) OF RIVER VIEW ADDITION, FORMERLY LOTS NINETY-FOUR (94),Dubuque County Historical Society NINETY-FIVE (95) AND NINETY-SIX (96) INrequesting to transfer their Liquor License to O’NEILL’S RIVERVIEW SUBDIVISION, INSouth parking Lot on Ice Harbor for August 7, THE CITY OF DUBUQUE, COUNTY OF1996, presented and read. Council Member DUBUQUE, IOWA, ACCORDING TO THEVoetberg moved that the transfer be approved. RECORDED PLAT THEREOF, ALSOSeconded by Council Member Robbins. KNOWN AS 745 DAVIS STREET, TOCarried by the following vote: Yeas—Mayor DUBUQUE COUNTY HABITAT FORDuggan, Council Members Krieg, Michalski, HUMANITY.Nicholson, Robbins, Voetberg. Nays—None. Whereas, pursuant to a notice, dulyAbsent—Council Member Buol. published in the Telegraph Herald newspaper, the City Council of Dubuque, Iowa met on theRESOLUTION NO. 254-96 21st day of August 1995, at 7 p.m. in theNOW, THEREFORE, BE IT RESOLVED Carnegie Stout Public Library Auditorium, 11thBY THE CITY COUNCIL OF THE CITY OF and Bluff Streets, Dubuque, Iowa, to considerDUBUQUE, IOWA: the proposal to dispose of City-owned realThat the following having complied with the estate located at 745 Davis Street, whichprovisions of law relating to the sale property is legally described as follows:of Cigarettes within the City of Dubuque, Iowa, Lot One (1) and Lot Two (2) of River Viewbe granted a permit to sell Cigarettes and Addition, a subdivision in the City of Dubuque,Cigarette Papers within said City. County of Dubuque, Iowa, according to theNEW recorded plat thereof.Bodine'sJeff Demmer Whereas, such property was proposed to1445 Central Ave be sold to Dubuque County Habitat forKalmes Breaktime Bar/Grill1097 Jackson Humanity in consideration of One DollarTony's PlaceAnthony T. Kamp ($1.00); and1701 Central Ave Regular Session, July 15, 1996 Passed, approved and adopted this 15thCLASS "C" (COMMERCIAL) day of July, 1996.BEER/LIQUOR SPECIAL 1 DAY LICENSE Terrance M. Duggan, MayorLantz CaldwellDubuque Museum of Art Attest: Mary A. Davis, City Clerk36 E 8th St Council Member Voetberg moved adoptionCLASS B "WB" SPECIAL WINE LICENSE of the Resolution. Seconded by CouncilMildred M. DolterBasket Expressions Member Robbins. Carried by the following474 Bluff St vote: Yeas—Mayor Duggan, Council MembersPassed, approved and adopted this 15th Krieg, Michalski, Nicholson, Robbins,day of July, 1996 Voetberg. Nays—None. Absent—CouncilTerrance M. Duggan, Mayor Member Buol. Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption RESOLUTION NO. 255-96of the Resolution. Seconded by Council NOW, THEREFORE, BE IT RESOLVEDMember Robbins. Carried by the following BY THE CITY COUNCIL OF THE CITY OFvote: Yeas—Mayor Duggan, Council Members DUBUQUE, IOWA:Krieg, Michalski, Nicholson, Robbins, That the following having complied with theVoetberg. Nays—None. Absent—Council provisions of law relating to the saleMember Buol. of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes andBOARDS AND COMMISSIONS: Cigarette Papers within said City.TV CABLE REGULATORY COMMISSION RENEWALS— Applicants Ronald Tigges and Walter Cue Master BilliardsMarvin RappWebster invited to address the Council. 900 Central Ave Fischer Bowling LanesPlastic Center, Inc.TV CABLE TELEPROGRAMMING 880 Locust StCOMMISSION — Applicants Sr. Carol Kopples MarketThomas J. KrausHoverman and David A. Wanamaker invited to 1098 University Aveaddress the Council. Dave Wanamaker spoke Venture StoreVenture Stores Inc.requesting reappointment. 255 JFK Rd Passed, approved and adopted this 15thAPPOINTMENT TO AIRPORT day of July, 1996.COMMISSION — 4 Year term plus 2 months Terrance M. Duggan, Mayor- Applicants: John Markham and Jeffrey Paar. Attest: Mary A. Davis, City ClerkVote on the appointment was as follows: Council Member Voetberg moved adoptionMayor Duggan voted for Markham. Council of the Resolution. Seconded by CouncilMember Buol was absent. Council Member Member Robbins. Carried by the followingKrieg voted for Markham. Council Member vote: Yeas—Mayor Duggan, Council MembersMichalski voted for Markham. Council Member Krieg, Michalski, Nicholson, Robbins,Nicholson voted for Markham. Council Voetberg. Nays—None. Absent—CouncilMember Robbins voted for Markham. Council Member Buol. Member Voetberg voted for Markham. Therefore, John Markham appointed to a term RESOLUTION NO. 256-96that will expire 9-14-2000. Whereas, applications for Liquor Licenses have been submitted to this Council forCouncil Member Voetberg moved that the approval and the same have been examinedrules be suspended to allow anyone present to and approved; andaddress the Council if they so desire. Whereas, the premises to be occupied bySeconded by Council Member Nicholson. such applicants were inspected and found toCarried by the following vote: Yeas—Mayor comply with the State Laws and all CityDuggan, Council Members Krieg, Michalski, Ordinances relevant thereto and they haveNicholson, Robbins, Voetberg. Nays—None. filed proper bonds.Absent—Council Member Buol. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFCONTINUED PUBLIC HEARING FROM 7-1- DUBUQUE, IOWA:96 MEETING - That the Manager be authorized to cause toCouncil Member Nicholson moved that the be issued the following named applicantsmatter - Amending the PR Planned a Liquor License.Residential District and Conceptual CLASS "C" (COMMERCIAL)Development Plan for property located at BEER & LIQUOR LICENSEPadre Pio Drive, be removed from the table. Wayne J. KramerThe ClubhouseSeconded by Council Member Robbins. +(Sunday Sales)2634 WashingtonCarried by the following vote: Yeas—Mayor Carol Meyers & Lisa TottTott's TapDuggan, Council Members Krieg, Michalski, 3457 Jackson St.Nicholson, Robbins, Voetberg. Nays—None. City of DubuqueDubuque Five Flags CntAbsent—Council Member Buol. +(Sunday Sales)405 Main St House of ChinaHouse of ChinaCommunication of President of ElderHaus +(Sunday Sales)170 JFK RdConcepts advising of meetings to be held on Jeff DemmerBodine'sJuly 11th with adjoining neighbors; +(Sunday Sales)1445 Central Avecommunication of Sr. Dolores Ullrich, OSF, Administrator of Stonehill Care Center Regular Session, July 15, 1996 requesting the ElderHaus' proposedDevelopment of land in the PUD District shall development be accomplished in one timebe regulated as follows: frame; Sister Irene Heilman, Administrator of1) All building structures and activities shall be Alverno Apartments recommending that thelocated in conformance with the attached Elderhaus project not be phased, presentedconceptual development plan and all final site and read. Council Member Nicholson moveddevelopment plans shall be approved in that the communication be received and filed.accordance with provisions of the PUD Seconded by Council Member Robbins.District regulations of this ordinance and of Carried by the following vote: Yeas—MayorSection 3-5.5 of the Zoning Ordinance. Duggan, Council Members Krieg, Michalski,C. Performance Standards. Robbins, Voetberg. Nays—None.The development and maintenance of uses in Absent—Council Member Buol. this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Dolores Mayer, Pres. of ElderHausOrdinance and the following standards: Concepts, Sr. Janet May, and Sister Irene1) A private drive meeting City specifications Heilman, all spoke.is to be constructed by the developer. 2) Lighting shall be provided per City An Ordinance Amending Zoning Map bystandards. amending the PR Planned Residential District3) Landscaping shall be provided in and Conceptual Development Plan forcompliance with Section 4.4 of the Zoning property located at Padre Pio Drive, saidOrdinance and shall be installed in conjunction Ordinance having been presented and read atwith completion of the units. Final site the Council Meeting of 6-17-96 and tabled atdevelopment plans must indicate exact the meeting of 7-1-96, presented for furtherlocation and type of species to be installed. action.4) Sidewalks shall be provided within the proposed development as shown on the (OFFICIAL PUBLICATION)attached conceptual plan, including installation ORDINANCE NO. 40-96along the entrance drive to their property line. AN ORDINANCE AMENDING APPENDIX A5) All utilities including telephone and cable (THE ZONING ORDINANCE) OF THE CITYtelevision shall be installed underground. OF DUBUQUE CODE OF ORDINANCES TO6) Forty (40) off-street parking spaces shall be AMEND THE CONCEPTUALprovided as shown on the attached conceptual DEVELOPMENT PLAN FOR PROPERTYdevelopment plan. LOCATED AT PADRE PIO DRIVE,7) Final site development plans shall be LOCATED IN A PR PLANNEDsubmitted in accordance with Section 4-4 of RESIDENTIAL DISTRICT.the Zoning Ordinance prior to construction of NOW, THEREFORE, BE IT ORDAINEDeach building or structure unless otherwise BY THE CITY COUNCIL OF THE CITY OFexempted by Section 4-4. DUBUQUE, IOWA:8) Storm water detention facilities shall be Section 1. Appendix A (the Zoningconstructed to control run-off. Ordinance) of the City of Dubuque Code ofD. Open Space and Recreational Areas Ordinances is hereby amended by amendingThose areas not designated on the conceptual the PR Planned Residential District anddevelopment plan for development shall be Conceptual Development Plan for propertymaintained as open space, as defined by located at Padre Pio Drive, a copy of which isSection 8 of the Zoning Ordinance by the attached to and made a part hereof, withproperty owner and/or association. conditions as stated below, to wit:E. Sign Regulations. Lot 1 of Lot 1 of Lot 3 and Lot 3 of Lot 1 ofThe sign regulations shall be in accordance Block 7 in Phase 1, all in the Stonehillwith the R-4 Multi-Family Residential District Community Subdivision No. 1, and to theas established in Section 4-3.11 of the Zoning center line of the adjoining public right-of-Ordinance. way, all in the City of Dubuque, Iowa.F. Additional Standards. Section 2. Pursuant to Iowa Code Section1) The conceptual development plan shall be 414.5 (1993), and as an express condition ofvalid for a period of five (5) years, provided the reclassification, the undersigned propertyfinal site development plan(s) are submitted owner(s) agree(s) to the following conditions,within three (3) years from the date of all of which the property owner(s) furtherapproval. agree(s) are reasonable and imposed to2) Construction and development of the satisfy the public needs that are causedproject shall be completed in no more than two directly by the zoning reclassification:(2) phases. A. Use Regulations.G. Transfer of Ownership The following regulations shall apply to allTransfer of ownership or lease of property in uses made of land in the above describedthis PUD District shall include in the transfer PUD District:or lease agreement a provision that the 1) Principal permitted uses shall be limited topurchaser or lessee acknowledges awareness sixty (60) units for the frail/elderly.of the conditions authorizing the establishment 2) Accessory uses shall include any useof the district. customarily incidental and subordinate to theH. Reclassification of Subject Property. principal use it serves.The City of Dubuque, Iowa, may initiate zoning B. Lot and Bulk Regulations.reclassification proceedings to the R-4 Multi- Family Residential District in accordance with Regular Session, July 15, 1996 Section 6 of the Zoning Ordinance if theCarried by the following vote: Yeas—Mayor property owner(s) fail(s) to complete orDuggan, Council Members Buol, Krieg, maintain any of the conditions of thisMichalski, Robbins, Voetberg. Nays—None. ordinance. I. Modifications.RESOLUTION NO. 257-96 Any modifications of this Ordinance must beRESOLUTION AUTHORIZING AND approved by the City Council in accordancePROVIDING FOR THE ISSUANCE OF NOT with zoning reclassification proceedings ofTO EXCEED $4,900,000 AGGREGATE Section 6 of the Zoning Ordinance.PRINCIPAL AMOUNT OF ELDERLY CARE J. Recording.AND HOUSING REVENUE BONDS, SERIES A copy of this ordinance shall be recorded at1996 (STONEHILL CARE CENTER the expense of the property owner(s) with thePROJECT), OF THE CITY OF DUBUQUE, Dubuque County Recorder as a permanentIOWA, FOR THE PURPOSE OF LENDING record of the conditions accepted as part ofTHE PROCEEDS THEREOF TO PADRE this reclassification approval after the adoptionPIO HEALTH CARE CENTER, INC. (THE of this ordinance. This ordinance shall be"BORROWER"), FOR THE PURPOSE OF binding upon the undersigned and his/herFINANCING IMPROVEMENTS TO AND heirs, successors and assigns.EQUIPMENT FOR THE BORROWER'S Section 3. The foregoing amendment hasEXISTING HEALTH CARE CENTER, heretofore been reviewed by the ZoningREFINANCING CERTAIN EXISTING Commission of the City of Dubuque, Iowa.INDEBTEDNESS OF THE BORROWER, Section 4. The foregoing amendment shallFUNDING A DEBT SERVICE RESERVE take effect upon publication, as provided byFUND FOR THE BONDS AND PAYING law.COSTS OF ISSUANCE OF THE BONDS; Passed, approved and adopted this 15thTHE EXECUTION AND DELIVERY OF A day of July, 1996.BOND TRUST INDENTURE TO SECURE Terrance M. Duggan, MayorSAID BONDS; THE EXECUTION AND ATTEST: Mary A. Davis, City ClerkDELIVERY OF A LOAN AGREEMENT ACCEPTANCE OFBETWEEN SAID CITY AND THE ORDINANCE NO. 40-96BORROWER PROVIDING FOR THE I, Jeff Gillis, representing FCMREPAYMENT OF THE LOAN OF THE Corporation, having read the terms andPROCEEDS OF SAID BONDS AND THE conditions of the foregoing Ordinance No. 40-SECURING OF SAID REPAYMENT 96 and being familiar with the conditionsOBLIGATION; THE SALE OF SAID BONDS; thereof, hereby accept the same and agree toTHE EXECUTION AND DELIVERY OF A the conditions required therein.BOND PURCHASE AGREEMENT Dated this 25th day of July, 1996.RELATING TO THE SALE OF THE BONDS; By /s/ Jeff GillisAND RELATED MATTERS. FCM CorporationWHEREAS, the City of Dubuque, State of Published officially in the Telegraph HeraldIowa (the "Issuer"), is a City authorized and empowered by the provisions of Chapter 419 newspaper this 30th day of July, 1996. of the Code of Iowa, 1995, as amended (the 1t 7/30 Mary A. Davis CMC, City Clerk "Act"), to issue revenue bonds for the purpose Council Member Voetberg moved that it be of financing the cost of acquiring, by resolved to amend this Ordinance to limit construction or purchase, land, buildings, construction to no more than two phases for improvements and equipment, or any interest this project. Seconded by Council Member therein, suitable for the use of any facility for Robbins. Carried by the following vote: the organization described in Section Yeas—Mayor Duggan, Council Members 501(c)(3) of the Internal Revenue Code (the Krieg, Michalski, Nicholson, Robbins, "Code") which is exempt from federal income Voetberg. Nays—None. Absent—Council tax under Section 501(a) of the Code (a "Tax- Member Buol. Exempt Organization") and to retire any existing indebtedness on such facility; and Council Member Voetberg moved final consideration and adoption of the Ordinance,WHEREAS, the Issuer has been as amended. Seconded by Council Memberrequested by Padre Pio Health Care Center, Nicholson. Carried by the following vote:Inc. (the "Borrower"), a Tax-Exempt Yeas—Mayor Duggan, Council MembersOrganization, to issue its Elderly Care and Krieg, Michalski, Nicholson, Robbins,Housing Revenue Bonds (Stonehill Care Voetberg. Nays—None. Absent—CouncilCenter Project), in an aggregate principal Member Buol. amount not to exceed $4,900,000 (the "Bonds") pursuant to the Act for the purpose Proof of publication certified to by theof (i) financing a project including Publisher on Notice of Hearing on theimprovements to and equipment for the Intention to issue Elderly Care and HousingBorrower's existing health care facilities located at 3485 Windsor Avenue, Dubuque, Revenue Bonds (Stonehill Care Center Iowa, and construction of a congregate care Project) in an amount not to exceed facility located on land adjacent to such $4,900,000 and City Manager recommending facilities (the "Project"), (ii) to refinance certain approval of this project, presented and read. existing indebtedness of the Borrower (the Council Member Nicholson moved that the "Existing Debt"), (iii) funding a debt service proof and communication be received and reserve fund for the Bonds, and (iv) paying for filed. Seconded by Council Member Robbins. Regular Session, July 15, 1996 costs of issuance and certain other costsUnderwriter. The execution and delivery of the associated with the issuance of the Bonds;Indenture by the Mayor and City Clerk shall andconstitute approval by this Council and the WHEREAS, it is proposed to finance theIssuer of the final terms and provisions of the foregoing through the issuance of the BondsBonds, including the final principal amount and to loan the proceeds from the sale of thethereof, the interest rates thereon, the dates Bonds to the Borrower under a Loanand amounts of maturities thereof and the Agreement (the "Loan Agreement") betweenredemption provisions relating thereto. the Issuer and the Borrower, the obligations ofSection 2. That the Issuer loan the which will be sufficient to pay the principal of,proceeds of the Bonds to the Borrower for the premium, if any, and interest on the Bonds aspurposes set out in the preamble hereof, such and when the same shall be due and payable;loan of the proceeds of the Bonds to be andpursuant to the Loan Agreement by and WHEREAS, the Bonds, when issued, shallbetween the Issuer and the Borrower, in be limited obligations of the Issuer, and shallsubstantially the form as has been presented not constitute nor give rise to a pecuniaryto and considered by this Council and liability of the Issuer or a charge against itscontaining substantially the terms and general credit or taxing powers, and theprovisions set forth therein, and the form, principal of and interest and premium, if any,terms and provisions of the Loan Agreement on the Bonds shall be payable solely out of theare hereby approved, and the Mayor and the revenues derived from the aforementionedCity Clerk are hereby authorized and directed Loan Agreement or otherwise as providedto execute, attest, seal and deliver the Loan therein; andAgreement. WHEREAS, notice of intention to issue theSection 3. That the sale of the Bonds to the Bonds has, as directed by the City Council ofUnderwriter pursuant to a Bond Purchase the Issuer, been duly given in compliance withAgreement (the "Bond Purchase Agreement") the Act and Section 147(f) of the Internalby and between the Issuer, the Borrower and Revenue Code; andthe Underwriter, in substantially the form as WHEREAS, a public hearing has beenhas been presented to and considered by this held on the proposal to issue the Bonds at theCouncil and containing substantially the terms time and place as specified in said notice andand provisions set forth therein at the price to all objections or other comments relating to thebe agreed upon by the Borrower and the issuance of the Bonds have been heard; andUnderwriter, is hereby authorized and WHEREAS, the Issuer proposes to sell theapproved and the form, terms and provisions Bonds to Juran & Moody, Inc. (theof the Bond Purchase Agreement are hereby "Underwriter").approved, and the execution and delivery of NOW, THEREFORE, Be It Resolved bythe Bond Purchase Agreement by the Mayor the City Council of the City of Dubuque, Iowa,and the City Clerk are hereby authorized and as follows:approved. Section 1. That, in order to finance theSection 4. That the use by the Underwriter acquisition and construction of the Project, toof the Preliminary Official Statement relating to refinance the Existing Debt, to fund a debtthe Bonds is hereby approved, and the service reserve fund for the Bonds and to payUnderwriter is hereby authorized to prepare a portion of the costs of issuance of theand use a final Official Statement substantially Bonds, the Bonds be and the same are herebyin the form of said Preliminary Official authorized and ordered to be issued pursuantStatement but with such changes therein as to the Bond Trust Indenture (the "Indenture")are required to conform the same to the terms by and between the Issuer and First Trustof the Bonds, the Indenture, the Loan National Association, St Paul, Minnesota (theAgreement, and the Bond Purchase "Trustee"), in substantially the form as hasAgreement, all in connection with the selling of been presented to and considered by thisthe Bonds to the public; provided that this Council and containing substantially the termsauthorization shall not be deemed to imply and provisions set forth therein, and the forms,review or approval of information contained in terms and provisions of the Bonds and thethe Preliminary Official Statement and the final Indenture are hereby approved, and the MayorOfficial Statement by the Issuer, except for and the City Clerk are hereby authorized andinformation and statements set forth under the directed to execute, attest, seal and deliver thecaptions "The Issuer" and "Absence of Indenture, and the Mayor and the City ClerkMaterial Litigation - Issuer" therein. are further authorized and directed to execute,Section 5. That it is hereby found, attest, seal and deliver the Bonds as provideddetermined and declared that the Bonds and in the Indenture, including the use of facsimileinterest and premium, if any, thereon shall signatures as therein provided; it is the intentnever constitute the debt or indebtedness of hereof that the Bonds shall be issued in anthe Issuer within the meaning of any aggregate principal amount not to exceedconstitutional or statutory provision or limitation $4,900,000 and shall bear interest at ratesand shall not constitute nor give rise to a which result in a yield on the Bonds of not topecuniary liability of the Issuer or a charge exceed 8% per annum and shall mature on theagainst its general credit of taxing powers, but dates and in the amounts and shall be subjectthe Bonds and interest and premium, if any, to mandatory sinking fund redemption no suchthereon shall be payable solely and only from dates and in such amounts as shall be finallythe revenues derived from the Loan determined by the Borrower and theAgreement and the debt obligations of the Regular Session, July 15, 1996 Borrower delivered pursuant thereto; and nocalendar year 1996 (including the Bonds) part of the cost of financing the Project will behave been designated for purposes of Section payable out of the general funds or other265(b)(3) of the Code. contributions of the Issuer (except theThe Issuer shall use its best efforts to proceeds of the Bonds and any subsequentcomply with any federal procedural issues of bonds permitted under the Loanrequirements which may apply in order to Agreement and the Indenture).effectuate the designation made by this Section 6. That the Issuer hereby finds,paragraph. determines and declares that (I) based uponSection 9. That the provisions of this data provided by the Underwriter, the amountResolution are hereby declared to be necessary in each year to pay the principal of,separable and if any action, phrase or premium, if any, and interest on the Bondsprovision shall for any reason be declared to proposed to be issued is set forth in the Loanbe invalid, such declaration shall not affect the Agreement and the debt obligations of thevalidity of the remainder of the sections, Borrower delivered pursuant thereto as aphrases and provisions. formula which will insure that the Borrower isSection 10. That this Resolution shall obligated to pay amounts sufficient to pay thebecome effective immediately upon its principal of, premium, if any, and interest onpassage and approval. the Bonds and the payment of such amountsPassed and approved July 15, 1996. by the Borrower to the Trustee pursuant to theTerrance M. Duggan, Mayor Loan Agreement is hereby authorized,Attest: Mary A. Davis, City Clerk approved and confirmed; and (ii) based uponCouncil Member Nicholson moved adoption data provided by the Underwriter, the amountof the Resolution. Seconded by Council necessary to pay each year into any reserveMember Robbins. Carried by the following funds which this City Council deems advisablevote: Yeas—Mayor Duggan, Council Members to establish in connection with the retirementKrieg, Michalski, Nicholson, Robbins, of the Bonds is set forth in the LoanVoetberg. Nays—None. Absent—Council Agreement and the Indenture and no otherMember Buol. reserves are deemed necessary or advisable in connection with the retirement of the BondsProofs of Publication certified to by the or for any other purpose.Publisher on Notice of Hearing on Plans and Section 7. That the Mayor and the CitySpecifications and Notice to Property Owners Clerk are hereby authorized and directed tofor Asbury Road Reconstruction Project - execute, attest, seal and deliver any and allAsbury City Limits to the Northwest Arterial, documents and do any and all things deemedCommunication from Corey Development, necessary to effect the issuance and sale ofLtd., indicating support of project, however the Bonds and the execution and delivery ofrequesting consideration be given to final the Loan Agreement, the Indenture and theassessment due to costs incurred by them by Bond Purchase Agreement, and to carry outdedicating property to the City to widening the intent and purposes of this Resolution,Asbury Road and paying for installation of including the preamble hereto; are herebytraffic signal to be installed on Asbury Road, authorized and directed and the execution bypresented and read. Council Member Robbins the Mayor and, if required, the City Clerk, ofmoved that this matter be referred to the City the Bonds, the Indenture, the Loan AgreementManager for review. Seconded by Council and the Bond Purchase Agreement with theMember Nicholson. Carried by the following approval of the Issuer's special counsel shallvote: Yeas—Mayor Duggan, Council Members constitute conclusive evidence of theirKrieg, Michalski, Nicholson, Robbins, approval and this City Council's approvalVoetberg. Nays—None. Absent—Council thereof and of any and all changes,Member Buol. modifications, additions or deletions therein from the respective forms thereof now beforeCity Manager recommending to proceed this meeting.with project, presented and read. Council Section 8. In order to qualify the Bonds asMember Robbins moved that the a "qualified tax exempt obligation" within thecommunication be received and filed. meaning of Section 265(b)(3) of the Code, theSeconded by Council Member Nicholson. Issuer hereby makes the following factualCarried by the following vote: Yeas—Mayor statements and representations:Duggan, Council Members Krieg, Michalski, (A) The Issuer hereby designates theNicholson, Robbins, Voetberg. Nays—None. Bonds as a "qualified tax-exempt obligation"Absent—Council Member Buol. for the purposes of Section 265(b)(3) of the Code; (B) The reasonably anticipated amount of tax-exempt obligations (other than obligations described in clause (ii) of Section 265(b)(3)(c) of the Code) which will be issued by the Issuer (and all entities whose obligations will beRESOLUTION NO. 258-96 aggregated with those of the Issuer) duringRESOLUTION ADOPTING this calendar year 1996 will not exceedPLANS AND SPECIFICATIONS $10,000,000; andWhereas, on the 13th of June, 1996, plans, (C) Not more than $10,000,000 ofspecifications, form of contract and estimated obligations issued by the Issuer during thiscost were filed with the City Clerk of Dubuque, Regular Session, July 15, 1996 Iowa for the Asbury Road ReconstructionThat the Asbury Road Reconstruction Project - Asbury City Limits to the NorthwestProject - Asbury City Limits to the Northwest Arterial.Arterial is hereby ordered to be advertised for Whereas, notice of hearing on plans,bids for construction. specifications, form of contract, and estimatedBE IT FURTHER RESOLVED, that the cost was published as required by law.amount of the security to accompany each bid NOW THEREFORE, BE IT RESOLVEDshall be in an amount which shall conform to BY THE CITY COUNCIL OF THE CITY OFthe provisions of the notice to bidders hereby DUBUQUE, IOWA:approved as a part of the plans and That the said plans, specifications, form ofspecifications heretofore adopted. contract and estimated cost are herebyThat the City Clerk is hereby directed to approved as the plans, specifications, form ofadvertise for bids for the construction of the contract and estimated cost for saidimprovements herein provided, to be published improvements for said project.in a newspaper having general circulation in Passed, adopted and approved this 15ththe City of Dubuque, Iowa, which notice shall day of July, 1996.not be less than four days nor more than Terrance M. Duggan, Mayortwenty days prior to the receipt of said bids at Attest: Mary A. Davis, City Clerk2:00 p.m. on the 30th day of July, 1996. Bids Council Member Robbins moved adoptionshall be opened and read by the City Clerk at of the Resolution. Seconded by Councilsaid time and will be submitted to the Council Member Nicholson. Carried by the followingfor final action at 7:00 p.m. on the 5th day of vote: Yeas—Mayor Duggan, Council MembersAugust, 1996. Krieg, Michalski, Nicholson, Robbins,Passed, adopted and approved this 15th Voetberg. Nays—None. Absent—Councilday of July, 1996. Member Buol. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk RESOLUTION NO. 259-96Council Member Robbins moved adoption RESOLUTION WITH RESPECT TO THEof the Resolution. Seconded by Council ADOPTION OF THE RESOLUTION OFMember Nicholson. Carried by the following NECESSITY PROPOSED FOR THEvote: Yeas—Mayor Duggan, Council Members ASBURY ROAD RECONSTRUCTIONKrieg, Michalski, Nicholson, Robbins, PROJECT - ASBURY CITY LIMITS TO THEVoetberg. Nays—None. Absent—Council NORTHWEST ARTERIALMember Buol. Whereas, the City Council has proposed a Resolution of Necessity for the Asbury RoadCity Manager requesting approval to apply Reconstruction Project - Asbury City Limits tofor a Lead Paint Hazard Control Grant in the the Northwest Arterial, has given notice of theamount of $4,446,470.00, Community public hearing thereon as required by law; andDevelopment Advisory Commission advising Whereas, the public hearing has been held,their endorsement of Lead Paint Hazard all persons offering objections have beenControl Grant and recommending allocation of heard and consideration given to all objections$60,000 of CDBG funds for FY 1997, 1998 and is pending before this Council; andand 1999 for this project, presented and read. Whereas, this is the time and place set asCouncil Member Voetberg moved that the provided for the taking of action on thecommunications be received and filed and proposed Resolution of Necessity.approved request. Seconded by Council NOW THEREFORE, BE IT RESOLVEDMember Michalski. Carried by the following BY THE CITY COUNCIL OF THE CITY OFvote: Yeas—Mayor Duggan, Council Members DUBUQUE, IOWA:Krieg, Michalski, Nicholson, Robbins, That the proposed Resolution of NecessityVoetberg. Nays—None. Absent—Council described above is hereby:Member Buol. Adopted, without amendment, and all objections filed or made having been dullyCity Manager recommending to proceed considered are overruled.with Law Enforcement Block Grant Passed, adopted and approved this 15thApplication, presented and read. Council day of July, 1996.Member Voetberg moved that the Terrance M. Duggan, Mayorcommunication be received and filed and Attest: Mary A. Davis, City Clerkapproved recommendation. Seconded by Council Member Robbins moved adoptionCouncil Member Nicholson. Carried by the of the Resolution. Seconded by Councilfollowing vote: Yeas—Mayor Duggan, Council Member Nicholson. Carried by the followingMembers Krieg, Michalski, Nicholson, vote: Yeas—Mayor Duggan, Council MembersRobbins, Voetberg. Nays—None. Krieg, Michalski, Nicholson, Robbins,Absent—Council Member Buol. Voetberg. Nays—None. Absent—Council Member Buol. City Manager submitting documents RESOLUTION NO. 260-96providing for the bidding process for the ORDERING BIDSConstruction of the Reconstruction of NOW THEREFORE, BE IT RESOLVEDHawthorne Street Boat Ramp, presented and BY THE COUNCIL OF THE CITY OFread. Council Member Robbins moved that the DUBUQUE, IOWA:communication be received and filed. Seconded by Council Member Nicholson. Regular Session, July 15, 1996 Carried by the following vote: Yeas—MayorRESOLUTION NO. 263-96 Duggan, Council Members Krieg, Michalski,ORDERING BIDS Nicholson, Robbins, Voetberg. Nays—None.NOW THEREFORE, BE IT RESOLVED Absent—Council Member Buol. BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: RESOLUTION NO. 261-96That the Reconstruction of the Hawthorne PRELIMINARY APPROVAL OFStreet Boat Ramp is hereby ordered to be PLANS AND SPECIFICATIONSadvertised for bids for construction. NOW THEREFORE, BE IT RESOLVEDBE IT FURTHER RESOLVED, that the BY THE CITY COUNCIL OF THE CITY OFamount of the security to accompany each bid DUBUQUE, IOWA:shall be in an amount which shall conform to That the proposed plans, specifications,the provisions of the notice to bidders hereby form of contract and estimated cost for theapproved as a part of the plans and Reconstruction of Hawthorne Street Boatspecifications heretofore adopted. Ramp, in the estimated amount of $78,939.16,That the City Clerk is hereby directed to are hereby approved and ordered filed in theadvertise for bids for the construction of the office of the City Clerk for public inspection.improvements herein provided, to be published Passed, adopted and approved this 15thin a newspaper having general circulation in day of July, 1996.the City of Dubuque, Iowa, which notice shall Terrance M. Duggan, Mayornot be less than four days nor more than Attest: Mary A. Davis, City Clerktwenty days prior to the receipt of said bids at Council Member Robbins moved adoption2:00 p.m. on the 25th of July, 1996. Bids shall of the Resolution. Seconded by Councilbe opened and read by the City Clerk at said Member Nicholson. Carried by the followingtime and will be submitted to the Council for vote: Yeas—Mayor Duggan, Council Membersfinal action at 7:00 p.m. on the 5th of August, Krieg, Michalski, Nicholson, Robbins,1996. Voetberg. Nays—None. Absent—CouncilPassed, adopted and approved this 15th Member Buol. day of July, 1996. Terrance M. Duggan, Mayor RESOLUTION NO. 262-96Attest: Mary A. Davis, City Clerk FIXING DATE OF HEARING ONCouncil Member Robbins moved adoption PLANS AND SPECIFICATIONSof the Resolution. Seconded by Council Whereas, the City Council of the City ofMember Nicholson. Carried by the following Dubuque, Iowa has given its preliminaryvote: Yeas—Mayor Duggan, Council Members approval on the proposed plans,Krieg, Michalski, Nicholson, Robbins, specifications, and form of contract andVoetberg. Nays—None. Absent—Council placed same on file in the office of the CityMember Buol. Clerk for public inspection of the Reconstruction of Hawthorne Street BoatCity Manager requesting a public hearing Ramp.be held on August 5, 1996 to consider NOW THEREFORE, BE IT RESOLVEDvacating and disposing of alley located BY THE CITY COUNCIL OF THE CITY OFbetween Fulton and Wallace Streets, DUBUQUE, IOWA:presented and read. Council Member That on the 5th of August, 1996 a publicVoetberg moved that the communication be hearing will be held at 7:00 p.m. in the Publicreceived and filed. Seconded by Council Library Auditorium at which time interestedMember Michalski. Carried by the following persons may appear and be heard for orvote: Yeas—Mayor Duggan, Council Members against the proposed plans and specifications,Krieg, Michalski, Nicholson, Robbins, form of contract and cost of said improvement,Voetberg. Nays—None. Absent—Council and the City Clerk be and is hereby directed toMember Buol. cause a notice of time and place of such hearing to be published in a newspaper havingRESOLUTION NO. 264-96 general circulation in the City of Dubuque,RESOLUTION APPROVING PLAT OF Iowa, which notice shall be not less than fourPROPOSED VACATED PORTION OF A days nor more than twenty days prior to thePUBLIC ALLEY LYING BETWEEN FULTON day fixed for its consideration. At the hearing,AND WALLACE STREETS FROM any interested person may appear and fileMAGNOLIA STREET NORTHWESTERLY objections to the proposed plans,APPROXIMATELY 265 FEET specifications, contract, or estimated cost ofWhereas, there has been presented to the the improvement.City Council of the City of Dubuque, Iowa, a Passed, adopted and approved this 15thplat dated May 31, 1996, prepared by IIW day of July, 1996.Engineers and Surveyors, P.C. of Dubuque, Terrance M. Duggan, MayorIowa, describing the proposed vacated portion Attest: Mary A. Davis, City Clerkof a public alley lying between Fulton and Council Member Robbins moved adoptionWallace Streets from Magnolia Street of the Resolution. Seconded by Councilnorthwesterly approximately 265 feet. Member Nicholson. Carried by the followingWhereas, said plat conforms to the laws vote: Yeas—Mayor Duggan, Council Membersand statutes pertaining thereto. Krieg, Michalski, Nicholson, Robbins,NOW THEREFORE, BE IT RESOLVED Voetberg. Nays—None. Absent—CouncilBY THE CITY COUNCIL OF THE CITY OF Member Buol. DUBUQUE, IOWA: Regular Session, July 15, 1996 Section 1. That the plat dated May 31,Published officially in the Telegraph Herald 1996, prepared by IIW Engineers and newspaper this 19th day of July, 1996. Surveyors, P.C., relative to the real estate 1t 7/19Mary A. Davis CMC, City Clerk hereinabove described be and the same is Council Member Voetberg moved that the hereby approved, and the Mayor and City requirement that a proposed Ordinance be Clerk be and they are hereby authorized and considered and voted on for passage at two directed to execute said plat for an on behalf Council Meetings prior to the meeting at which of the City of Dubuque, Iowa. it is to be finally passed be suspended. Section 2. That the City Clerk be and is Seconded by Council Member Michalski. hereby authorized and directed to file said plat Carried by the following vote: Yeas—Mayor and certified copy of this resolution in the Duggan, Council Members Krieg, Michalski, office of the Recorder, in and for Dubuque Nicholson, Robbins, Voetberg. Nays—None. County, Iowa. Absent—Council Member Buol. Council Passed, approved and adopted this 15th Member Voetberg moved final consideration day of July, 1996. and passage of the Ordinance. Seconded by Terrance M. Duggan, Mayor Council Member Michalski. Carried by the Attest: Mary A. Davis, City Clerk following vote: Yeas—Mayor Duggan, Council Council Member Voetberg moved adoption Members Krieg, Michalski, Nicholson, of the Resolution. Seconded by Council Robbins, Voetberg. Nays—None. Member Michalski. Carried by the followingAbsent—Council Member Buol. vote: Yeas—Mayor Duggan, Council Members Krieg, Michalski, Nicholson, Robbins,RESOLUTION NO. 265- 96 Voetberg. Nays—None. Absent—CouncilRESOLUTION DISPOSING OF CITY Member Buol. INTEREST IN LOT 13A, LOT 14A AND LOT 15A ALL IN HIGHLAND ADDITION IN THE An Ordinance Vacating of portion of aCITY OF DUBUQUE, IOWA public alley lying between Fulton and WallaceWhereas, IIW Engineers and Surveyors, Streets from Magnolia Street northwesterlyP.C. of Dubuque, Iowa has prepared and approx. 265 ft. to be known as Lot 13A, Lotsubmitted to the City Council a plat showing 14A and Lot 15A all in Highland Addition,the vacated portion of said alley and assigned presented and read. lot numbers thereto, which hereinafter shall be known and described as Lot 13A, Lot 14A and (OFFICIAL PUBLICATION) Lot 15A all in Highland Addition in the City of ORDINANCE NO. 41-96 Dubuque, Iowa; and ORDINANCE VACATING A PORTION OF A Whereas, the City Council of the City of PUBLIC ALLEY LYING BETWEEN FULTON Dubuque, Iowa has determined that this AND WALLACE STREETS FROM portion of said alley is no longer required for MAGNOLIA STREET NORTHWESTERLY public use, and vacating and sale of said alley APPROXIMATELY 265 FEET known as Lot 13A, Lot 14A and Lot 15A all in Whereas, Robert and Carol Leach, Ralph Highland Addition in the City of Dubuque, and Paz Becke and Myra Becke have Dubuque County, Iowa should be approved. requested the vacating of a portion of a public NOW THEREFORE, BE IT RESOLVED alley lying between Fulton and Wallace Streets BY THE CITY COUNCIL OF THE CITY OF from Magnolia Street northwesterly DUBUQUE, IOWA: approximately 265 feet; and Section 1. That the City of Dubuque Whereas, IIW Engineers and Surveyors, intends to dispose of its interest in Lot 13A, P.C., Dubuque, Iowa, has prepared and Lot 14A and Lot 15A all in Highland Addition in submitted to the City Council a plat showing the City of Dubuque, Iowa. the vacated portion of said alley and assigned Section 2. That the conveyance of Lot 13A lot numbers thereto, which hereinafter shall be of Highland Addition in the city of Dubuque, known and described as Lot 13A, Lot 14A and Iowa to Ralph and Paz Becke be contingent Lot 15A all in Highland Addition in the City of upon the payment of $286.00, plus one-third Dubuque, Dubuque County, Iowa; and of publication and filing fees, and Lot 14A of Whereas, the City Council of the City ofHighland Addition in the City of Dubuque, Dubuque, Iowa has determined that thisIowa to Robert and Carol Leach be contingent portion of said alley is no longer required forupon payment of $1,254.00, plus one-third of public use, and vacating of said portion of saidpublication and filing fees, and Lot 15A of alley know as Lot 13A, Lot 14A and Lot 15AHighland Addition in the City of Dubuque, all in Highland Addition in the City of Dubuque,Iowa to Myra Becke be contingent upon Dubuque County, Iowa, should be approved.payment of $660.00, plus one-third of NOW THEREFORE, BE IT RESOLVEDpublication and filing fees. BY THE CITY COUNCIL OF THE CITY OFSection 3. That the City Clerk be and is DUBUQUE, IOWA:hereby authorized and directed to cause a Section 1. That the real estate described asnotice of intent to dispose of said real estate to Lot 13A, Lot 14A and Lot 15A all in Highland be published in the manner as prescribed by Addition in the City of Dubuque, Iowa, be and law. the same is hereby vacated. Passed, approved and adopted this 15th Passed, approved and adopted this 15th day of July, 1996. day of July, 1996. Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Attest: Mary A. Davis, City Clerk Regular Session, July 15, 1996 Council Member Voetberg moved adoption of the Resolution and set Public Hearing for August 5, 1997 at 7 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Michalski. Carried by the following vote: Yeas—Mayor Duggan, Council Members Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Buol. There being no further business, Council Member Voetberg moved to adjourn. Seconded by Council Member Michalski. Carried by the following vote: Yeas—Mayor Duggan, Council Members Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Buol. The meeting adjourned at 7:53 p.m. Mary A. Davis CMC City Clerk Approved ,1997 Adopted ,1997 Mayor Council Members Attest: City Clerk