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