1991 February Council ProceedingsRegular Session, February 4, 1991
DUBUQUE
ITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular session, February 4, 1991,
Council met at 7:30 p.m., Public Library
Present: Maye¢ Brady, Council Members
Kluesner, Kaleg, Nicholson, Pratt,
City Manager W, Kenneth
Corporation Counsel Barry A.
Mayor Brady ~ad the call and stall this
is the Regular Monthly Meeting of the City
Council called for the purpose to act upon
such business which may properly come
before the Council.
Invocation w~ given by Rev. ChaRes
Mills, Past(w of First l~csbyteriun Church.
Council Member Voctberg discussed the
"Visioning" peocess for the City.
The Misalsalppi River Revivul Group and
Boy Scout T~oop #11 made a short s teterrent
regarding recycling. Ben Shaw submitted a
pelltion with 371 signatures relatlvo to
recycling.
There was a presentation of "Cartificates
of Appreciation" to City employees: Doug
Schlickmann, Bob Steinman, and Tiff Phan.
Council Member Pratt moved to suspend
tho rules to allow anyone present to address
the Council if tbey so desire. Seconded by
Council Member Voetbexg. Cal~ed by the
following vote: Yeas~Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voctberg. Nays~Nonc.
Proof of publication, certified to by tho
Publisher, on Notio~ of Public Hearing to
reclassify propcRy at 1724 Lincoln Avenue
from R-2A to R-4 Disuict with conditions
and communication of City Manager recom-
mending Council approve rezoning request
with the conditions set forth in the
Memorandum of Agreement as attached
presented and read.
Council Member Prat! moved that the proof
of publication and communication be
received and fried. Sccofded by Council
Member Voctberg. Carried by the following
vote: yeas--Mayor Brady, Council
Members l~ich, Kluesner, Kfieg, Nichols~,
Pratt, Voetberg. Nays-~-None.
Attorney RobeR Day, representing the
oulghbers of this mc.a, requested to send
hack for overall review,
An Ordinance amending Code of Or-
dinancas by reclassifying property located at
1724 Lincoln Avenue from R-2A Alternate
Two-famliy Rcaldcnfiai Distxict to R-4
Mnill-Family Residential District with Con-
dltions, said Ordinance having been
presented and read at the Council Meeting of
January 21, presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 4-91
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING
THAT THE CODE OF
ORDINANCES, CITY OF
DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS THE
ZONING ORDINANCE OF THE
CITY OF DUBUQUE, IOWA, BY
RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 1724 LINCOLN AVENUE FROM
R-2A ALTERNATE TWO-FAMILY
RESIDENTIAL DISTRICT TO R-4
MULTI-FAMILY RESIDENTIAL
DISTRICT WITH CONDITIONS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Cede of Ordi ~mccs of thc
City of Dubuque, Iowa, be amended by
revising Appendix A thereof, also known as
the Zoning Ordinance of the City of
Dubuque, Iowa, to reclassify hereinafter
described property from R-2A Alternate
Two-Family Residential District, to R-4
Multi-Family Residential District, with con-
ditions, to wit:
Lot 467 of Ham's Addition, Lot 468 of
Ham's Addition, the North 1/2 of Lo~
427 of Ham's Addition, the North 1/2
of Lot 428 of Ham's Addition, the
East 10 feet of Lo~ 466 of Ham's
Addillun, all in the City of Dubuque
and extending to the center llne of the
abutting public ~ighbof-way.
Regular Session, February 4, 1~91
~ 2. That the fomgding amendment
has heretofore been reviewed by the Zoblng
Commission of the City of Dubuqun, Iowa.
P;~], ~py~,4ed, and ndopt~ this 4~
day of Pcb~uy, 1991.
lan~s E, Brady
Mayor
Attce~
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald this 1 lth day of Fellah, 1991.
Mal'y A. Davis
City Clerk It 2/11
Council Member Pratt moved final adop-
t/on of the Ordinance. Seconded by Counell
Member Vnetherg. Cra/ed by the following
vote: Yeas--Mayor Bredy, Council Members
Deich, Riuesner, Kdng, Nicholson, Pratt,
Voethurg. Nays--None,
Proof of Publication, ce. zfified to by the
Pnidisher, on Notice of Puldic Heating to
consider rezoning pmpe~y located on
Hacienda Ds/ye fi'om R-3 to R-1 District;
Communication of Housing Commission
submitting their comments regnnling the
rezonlng of property on Hacienda Drive;
Communication of Attorney Rober~ Be.a~ch,
on behalf of Carl and Mazy Ann Burbuch,
objecting to rezoning of prope~y on
Hacienda Diive, presented and mad. Council
Memhar Kinesner moved that the proof of
pub~icmion and communications be received
and filed. Seconded by Council Me~
Kfing. Canied by the following vote:
Yeas---Mayor Brady, Council Members
Ddich, Klueaner, g. ficg, Nichoison, Pratt.
Voethetg. Nays---None.
Wesley Smith, Jim McDonald, Bob
Heefer, Randy Lund, Clem Lancer, Ron
Helle, all spoke to the proposed rezoning,
An Ordinance amending Code of Onli-
nancus by reclassifying property located on
Hacienda Drive ne~ Ashury Road from R-3
Moderate Density Multi-Far~ly Residential
District to R-I Single Family Residential
District, smd Or~annce havin8 been ~
sented and read at the Council Meeting of
Januazy 21, presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. $-91
AN ORDINANcE OF TI~ CITY OF
DUBUQUE, IOWA PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY ON DUBUQUE,
IOWA. BE AMENDED BY
REVISING APPENDIX A THEREOF,
ALSO KNOWN AS THE ZONING
ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, BY
RECLASSIFYING HEREINANTER
DESCRIBED PROPERTY LOCATED
ON HACH~NDA DRIVE NEAR
ASBURY ROAD FROM R-3
MODERATE DENSITY MULTI-
FAMILY RESIDENTIAL DISTRICT
TO RI SINGLE FAMILY RESI-
DENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section L The Code of Ordinances of the
city of Dubuque. Iowa, be amended by
revising Appandix A thereof, also known as
the Zoning Ordinance of the City of
Dubuque, Iowa, to recluss'ffy hereinafter
described property from R-3 Moderate
Density Multifandly Residential District to
R-1 Single-Family ReMdential District, to
wit:
Lots 1-4 of Buena Vista Subdivision #4
and Lots 2-5 of Buena Vista Sub,vision
#6 in the City of Dubuque and extending
to the ecnter line of abutting public right-
of-way.
Section 2. That the fo~going amendment
has heretofore been reviewed by the Zoning
Commission of the City of Dubuque lowa.
Pasasd, aplnoVed and adopted this 4th day
of Febnan-y, 1991.
Jan~s E, Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald this 1 lth day of February, 1991.
Mary A. Davis
City Clerk It 2/11
Council Mamber Khiesner moved final'
adoption 'of the Ordinance. Seconded by
Council Member Krin8. Cnnied by the
following vote: Ye.ss--Mayor Brady, Court-
cfi Members Delch. Kluesner, Krieg,
Nicholsen, Pratt. Voetherg. Nays---None.
ADJOURNED PUBLIC HEARING
PROM MEETING OF SANUARY 21, 1991
Regular Session, February 4, 1991
RI~OLUTION NO. 39-91
RESOLUTION AUTHORI~NG AND
APPROVING OF A CONTRACT
FOR LOAN GUARANTEE ASSIS-
TANCE UNDER SECTION 108 OF
TI~ HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974, AS
AMENDED, BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND THE SEC~.ETARY OF THE
U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT AND
RELATED DOCUMENTS, AND
PROVIDING FOR TI~ ISSUANCE
OF NOTES IN THE AMOUNT OF
$1.000,000 TO EVIDENCE THE
OBLIGATION OF THE CITY
TI~REUNDER
Wharem, the city of Dubuque did on
May 2, 1988, adopt an urban renewal project
known as the Dubuque Indus~al Center
Economic Development District Urban
Renewal Plan (the "Plan") for the Urban
Renewal Area described the~vin, which Plan
was amended by action of this Council on
December 17. 1990 (the Plan. as so
amended, shall be referred to herein as the
"Plan");
Wbere~. tho Plan provides for. among
othat things, the acqnisition and disposition
of properties for l~Vate rehabilitation as a
proposed urban renewal action;
Whereas, by Resolution No. 393-90
adopted September 17, 1990, this Council
approved disposition of certain rani Im:q~rty
subject to the Plan to Nordswom, Inc. of
Seattle. Washington, (the "Redeveloper"),
pursuant to the terms and conditious of an
A~omont for Sale of Land for Privsto
Redovelopmeat by and between the City and
the Redeveloper (tho "Ag~en~eat");
Whereas, the p~oposal of the Redeveloper
and the Agreement calls for thc Redeveloper
to constxuct and operate an industrial fac'~ty
on said real propatty consisting of a distri-
bution and warehouse center of approxi-
mately 170.000 squure feet, a sm'faco
paddnli lot, truck parking area and land-
scaping (the '~toject");
Whereas, the A~ecment further obligates
the Redeveloper to cat~ into a minimum
assessment ngreem~nt with the City, soding
the minimum taxable value of the convploted
Project for tax proposes at not less than
Seven Million DeBars ($7,000,000);
Whaze. ns, this Counc'd has determined that
the Ag~ement is in tho best interest of the
City and tbe residents thereof and that the
performance by thc city of its obligations
the~cundur is a poblic undertaking and
p~ and in furtherance of tho Plan and
the economic development aclivitior and
objectives of the City witi~n the meanin8 of
Seotiom 403.6(5), 403.607) and 15A. 1 of
the Iowa Code;
Whereas, Sections 403.6(5) and 403.6(17)
authorize the City (i) to bevrow money and
to apply for and accept ndvances, loans,
grants, contributions and any other form
financial ass/stance from the federal govern-
ment in furtherance of the Plan and the
purposes of Chapter 403 and (ii) to accept
contrbutions, grants, and other forms of
financial assistance from the federal govern-
ment to be used upon a finding of public
propose to make grants or loans as necessury
or appmprinte to lndvate porsous for an
urban renewal project;
Whereas, the City has receivnd funding
approval from the Secretary of the United
States Deparlment of Housing and Urban
Development (the "Se. ereta~") for loan
8uantntee assistance in the principal amount
of $1,000,000 under Sectiou 108 of the
Housing and Co~mmnity Development Act
of 1974, u amended (the "Act"), with such
loan gumantee ass/stance to be Provided
pursuant to the terms and conditions of a
Contract for Loan Guarantee Assistance (the
"Section 108 Loan Agreemeat") by and
between the City and the Secretary, and to
be evidenced by one or mom notes (the
"Notes") in the aggregate principal amount
of $1,000,000, the proceeds of which would
be nfilized by the City to acquire the neces-
sety ~ property for transfer to the
Rex~velopur in accordats:e with the terms
and conditious of the Agrecmen~
Whereas, the Section 108 Loan Agtex-
mont shall not be a general obligation of the
City but shall be secured and payable snlely
and only from all grants which have been
made or fc~ which the City may become
eligible under Section 106 of the Act,
program income dimctiy generated from the
use of said proceeds and all proceeds
(incinding insurance and condemnation
ceeds) from any of the foregoing;
Whereas, the Section 108 Loan Agree-
ment shall be further secured by an
unconditional guarantee of the Secmtn~y in
accordance with the Act;
Whereas, the City has been advised that
the Notes will be publicly offered for sale by
one or rno~ undexwfiters, acting ~m behalf
of tho Secretary, pursuant to thc Act and the
Regular SesSion,
teem and condillons of a fiscal agency
agn~ement (the "Fiscal Agency Agreement*')
by and between a fiscal agent selected by
seld unde~qiters, the City and certain other
munict!mltfies entering into comparable
tion 108 of the Act;
Whereas, there has been presented te thil
meeting the following documents which the
City proposes to enter into:
1. The form of Section 108 Loan Agren-
meet between the City and the Secretmy;
2. The form of Notes evidencing the
obligation lectured by the City ptu'suant to
nnd in eccordanen with the Section 108 Loan
A~reement, which Notes shall be delivered
to and held by the ragis~ed holder desig-
nated by the Sanitary undi the public
offering thereof, at which time the Notes
may be exchanged for a new Note or No,es
to be delivered by the City in connection
with said public offering, all as provided in
the ,%etlon 108 Loan Agreement;
3. Certain reblted llnancing
including (i) Funding Al~'ovel and attanhe~
Grant Agreon-~nt and Loan Oenrantee
Acceptance Provisions and (ii) Lett~ Agree-
meets for Section 108 Loan Oum~mten
Pregram Cns~edtal and Investo~nt Accounts
(the "Additional Financing Documents");
Whereas, it appears that each of the
instom~nts above re£erred to is in
aplxoptiate form and is an appropriate
instrument for the purposes intended;
Whereas, pursuant to notice published as
X~lUired by law, this Council has held a
pu~c meeting and hearing upon the
posel to aplxove and anthefize the Section
108 Loan Agreement, and has considered the
extent of objections received from residents
or l~sopurtY owne~ as to said propusal and,
eccordingly, the £ellowiag action is now
considered to be in the best interests of the
City and the ~sidents bereoL
NOW, TI~REFORE, BE IT RESOLVED
BY ~ CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Seellon L That the performance by the
City of its obligations under the Agreement,
including but not limited to the asa by the
City of the Sec4ion 108 Loan Agreement
p~puny for ~msfer to the Redeveloper as
provided therein, be and is he.by declared
to be a public nndm~aking and purpose and
in fmlheranco of the Plan and the economic
February 4, 1991 37
development activities and objectives of the
City within the meaning of Sections
403.6(5), 40~.6(17) and 15A. I of the Iowa
Co~.
Se~lon 2. That the form and coutent of
the Section 108 Loan A~reemant, the ~
visions of which are incorporated herein by
reference, be and the same he.by are in all
respects anthodzed, approved and confirmed
and the Mayor and the Mayor Pro Tem and
the City Clerk and the Deputy City Cierk be
and they hereby are anthorized, empowered
and die.ted to execute, aHest, ~ and
dellenr the Section 108 Loan Agreement to
the Secretary for and on behalf of the City in
substantially the form and content now
before this meeting but with such changes,
modificntions, additions or deletions therein
as shall be approved by the Corporation
Connsel, and that from and after the execu-
tion and delivery of the Section 108 Lean
Agreement, the Mayor and the Mayor Pro
Tern and the City Cierk and the Deputy City
Clerk are hereby authorized, empowered and
directed to do all such acts and things and to
execute all such documents as may be neces-
stay to cany out and comply with the ~
visions of the Section 108 Loan Ag~ement
as executed.
Se~lon 3. That the issuance and delivery
of Notes in the aggregate principal amount
of $1,000,000 evidencing the City's obll-
gatinn under the Section 108 Loan AFjee.
meet, maturing on such dates, in such
amonnts and bering rates of interest as may
be established by the Secretary pursuant to
Section 108 of the Act, in substantially the
from and content of the Notes now before
this men.g, or as may be antbedzed by the
Sec4ion 108 Loan Agreement as set foflh
therein, be and the same hereby are in all
respects authorized, approved and confirmed,
and the form and conteat of the Notes now
before this meeting, or ss may be authorized
by the Section 108 Loan Agreement as set
forth therein, be and the same he.by are in
all respects authorized, apWoved, ra~fied and
confimled, and the Mayor and Mayor Pro
Tern and the City Cleric and Deputy City
Clerk be and they a~ hereby authorized,
empuwe~ed and directed to execute, impress
the official seal of the City thereon and
deliver the Notes to the Secretary for
authentication and delivery for and on behalf
of the City.
Se~inn 4. That.thc No~s are and shell be
a limited obligation of the City, payable
solely and only from all grants which have
been nu~de or for which the City may be
become eligible under Section 106 of thc
Act. pro, ram income threcfly gcoerated from
Regular Session, February 4, 1991
d~ nsc of said proceeds and all preceeds
~r~sinduding insutanen and conderrmation
) from any of the foregoing, and
shall be ~ secured by an unconditional
gum-an~ee of the Seo'otary, all as and to the
extent provided in the Secllon 108 Loan
A~.errent.
Se~iogi $. That the form and co~tent of
the Additioanl Financing Documents, the
provisions of which ~e incolpomted herein
by refercoen, be and the same hereby are in
fumed and the Mayar and the Mayor Pro
Tom and the City Clerk and the Deputy City
Clerk be a hereby are authorized, empowe~l
and directed to execute, attest, seal and
deliver the Additional Financing Documents
to the Sec~tary for and on behalf of the City
in substantially the form and content now
before this meeting but with such changes,
modifications, additions or deletions therein
as shall be approved by the Corporation
Counsel, and that from and after the execu-
tion and delivery of the Additional Financing
Documents, ~e Mayor and the Mayor Pro
Tern and the City Clerk and the Deputy City
Clerk a~ hereby authorized, empuwe~ed and
directed to do all such acts and things and to
execute all such docnn~nts as may be neces-
sa~ te car~ out and comply with the
provisions of the Additional Financing
Documents as e~ecuted,
Section 6. That the public offming of the
Notes by the Secretary, on such date and on
such other terms and C~ditions as shall be
dete~nlned by the Secretary in accordance
with the Act, the Section 108 Loan Agree-
ment and the Notes, be and the same hereby
is in all respects authorized, approved and
confirmed, and that the Mayor and thc
Mayor Pro Tern ~nd thc City Clerk and the
Deputy City Cierk be and they hereby are
authorized, empowered and directed to
execute, attest, sea] and deliver a Fiscal
Agency Agreement to the Secretary for end
on behalf of the City, in such form as shall
be acceptable to them and as shall be
apl~oved by thc Corporation Counsel, and
that from and after the cxecutinn end
delivery of the Fiscal Agency Agreement,
the Mayor and thc Mayor Pm Tern and the
City Cle*rk and thc Deputy City Clerk are
hereby a~thorized, empuv~red and directed
to do all such nets and things and to execute
all such documents as may be necessary to
ca~ out and con~ly with the provisions of
the Fiscal Agency Agreement as executed.
Section 7. That the Mayor and the Mayor
Pm Tern and the City Clerk and the Deputy
City Clerk be nnd they hereby are authorized
to execute ~nd deliver for and on behalf of
the City any and all additional Notes,
certific.~tes, documents, opinions or other
pupar~ and perform all other acts as they
may deem necen~sry or apl~'Ol~iate in order
to irr~pinment and car~ out the intent and
purpose~ of the foregoing resolutions.
Section 8. That the l~x)visions of this
Resolution axe hereby declared to be separ-
able and if any section, phrase or provision
shall for any ~nnn be declared to be
invalid, such declaration shall not affect thc
validity of the ~emainder of the sections,
phrases or provisions.
Passed and approved this 4th day of
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Vcotberg moved edcg-
tion of the Resolution. Seconded by Council
Member Kluesner. Canled by the following
vote: Ye. as~Mayor Brady, Council Memb~s
Deich, Klunsner, Krleg, Nicholson, Pratt,
Voetherg. Nays--None.
Proof of Publication, certified to by the
Publisher, on Notice of Public Heating to
consider Onllnanen amending Code of Ordi-
nances by repualing Section 4-6.2(A) ~
vidlng that the bdildabllity of nonconfor~ng
lots be altered, presented and read.
The~ were no written objections received
and no ora]. objec~ns inesent at the time of
the Heming.
Council Memher Vootberg moved that the
proof of publication be wcelved and filed.
Seconded by Council Member Nicholson.
Canled by the following vote: Ye~s--Mayor
Brady, Councii Members Delch, Kineener,
Krleg, Nicholson, Pratt, Voetberg.
Nays--None.
An Ordinance amending Code of (hdi-
nancns by repealing the present Section 4-
6.2(A) and adding thereto a new Section 4-
6.2(A) providing that the buildablllty of
nonconforming lots be eltered, :mid Ordi-
nance having been inesnnted and woad at the
Council Meeting of January 21. 1991,
sented for final action,
(OffICIAL PUBLICATION)
ORDINANCE NO. 6-91
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING
THAT THE CODE OF ORDI-
Regular Sssslon, February 4, 1991
NANCES, CITY OF DUBUQUE,
· IOWA, BE AMENDED BY
REVISING APPENDIX A THEREOF,
ALSO KNOWN AS THE ZONING
ORDINANCE OF 'HiE CITY OF
DUBUQUE, IOWA BY REPEALING
TItE PRESENT SECTION 4~.2(A)
AND ADDING THERETO A NEW
SECTION 4-6.2(A) PROVIDING
THAT THE BUILDABILITY OF
NONCONFORMING LOTS BE
ALTERED
NOW, TI~REFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Se~ltm 1. Appendix A of the Code of
Ordinances of the CRy of Dubuque, Iowa, is
hereby an~nded by repealing the present
Section 4-6.2(A) and adding thereto the new
Section 4-6.2(A):
(A) Lots. Any lot having insufficient me.a,
width, ct depth for the zoning disuict in
which it is local, d, frontage on an improved
public sire. et or an improved plivate stir. et of
a planned district, or any combination
thereof, shall be considered a lawful noncon-
for~ng lot only if aa instrument creating its
lngul descdptico was lawfully recorded and
on file in the Office of the Dubuque County
Recorder i~ior to tho adoption of this ordi-
nance. On any single lawful nonconforming
lot within a zooing district which permits
single-thmily detached residential dwellings,
one (l) such dwelling way be coastructed by
fight, provided that setbacks (yards), height,
lot coverage, and off street parking require-
merits oftbe zoning district within which the
parcel is located are complied with, and all
appeop~iate pel'mits are obtained plict to any
construction activity.
Se~lon 2. This ctdinanee shall take effect
immediately upon peblicatio~.
Passed, approved and adopted this 4th day
of Febn~y, 1991.
Jar~s E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved final
adoption of the Ordinance. Seconded by
Council Member Nicholson. Carried by the
following veto: Yeas--Mayor Brady, Coun-
cil Members Duiclg Kluesn~, Kring,
Nicholson, Pratt, Voetberg. Nays--None.
Proof of Publication certified to by the
Pullish~ on Notice of Hearing on Plans and
Specifications fca' the construction of Ice
Harbor Plaza; Proof of Publication on Notice
to Bidders of the Receipt of Bids for the
Comtruetion of Ice Harbor Plaza and com-
murdcation of City Manager recommending
to ~ejact all bids received for pro, act and
reschedule heaving on plans and specifica-
tions, as revised, and madve~ise for bids on
project, presented and read. Council Member
Khinsner moved that the proofs of pub-
ilcation and communication be received and
filed. Saconded by Council Member Pratt.
Canied by the following vote: Yeas--Mayor
Brady, Council Membem Deich, Kluesuer,
Krieg, Nicholson, Pratt, Voetbnsg.
Nays--Nor~.
RESOLUTION NO. 40-91
RESOLUTION REJECTING BIDS
FOR CONSTRUCTION OF ICE
HARBOR PLAZA
Whereas, the City Council authorized the
solicitefion of bids for the construction of the
Ice HaF0or Plaza in the Ice Harbor
Development at its regul~ meetiug on
January 7, 1991; and
Whereas, five bids were received for this
project on the scbedcied bidding date of
January 17, 1991; and
Whereas, the bids received substantially
exceeded the budgeted amount fct this phase
of the Ice Harbor Duvciopmen~ and
Whereas, alternative designs are being
investigated by the engineering company to
substantially reduce the cost of this phase of
the project
NOW, THERF,~ORE, ~E IT RESGLV~D
BY THE CITY COUNCIL OP TH~ CITY
OP DUEUQUE, IOWA:
Section 1. That the bids received for the
Ico Hadior Plaza which were received on
January 17, 1991 ~e hm'eby rejected.
Section 2. That alternative designs be
reviewed and lians made for solicitation of
bids on the revised design.
Passed, approved and adopted this 4th day
of Febzuary, 1991.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Regular Session, February 4, 1991
Council Member Klunsner moved edop-
tion of the R~ohition. Seconded by Council
Member Pratt Ctemied by the following vote:
yens---May~ Brady, Council Members
Dcich, Klunsner, Kring, Nichotson, Pra~
Voetberg. Nays--None.
RESOLUTION 41-91
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the proposed plans, specifications,
form of conffact and estimated cost for the
~onsUucfion of Ice Harbor Plaza, in the
estimated amount of $226,000.00, are hereby
approved and ordered filed in the office of
the City Clerk for public inspection.
Passed, approved and adopted this 4th day
of February, 1991.
Jamus E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by Council
Member Pncrc Carried by the following vote:
Ye~u--Mayor Brady, Council Members
Dulch, Kluesner, Krleg, Nichoison, Pratt,
Voetberg. Nay~Noue.
RESOLUTION NO. 42-91
FIXING DATE OF IiEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa h~s given its prelindnary
approvsi on the proposed plans, specifica-
tions, and fcrm of contract and plsced same
on file in the office of the City Clerk for
public inspection of the construction of Ice
Harbor Plaz~
NOW, THEREFORE, BE 1T RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That on the 18th day of Februa~, 1991,
a public beating will be held at 7:30 p,n~ in
the Public Library Audi~osium at which time
interested persons may appear and be heard
for or against the proposed plans and speci-
fications, form of contract and cost of said
improvemeni, and the City Clerk be and is
hereby direcied to cause a notice of tin~ and
place of such heating to be published in a
newspaper having ge~rul circulation in the
City of Dubuque, iowa, which notice shall
be no~ less than four days nor mo~ than
twenty days prior to the day fixed for its
consideretico, At the hearing, any interested
person raxy appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, approved and adopted this 4th day
of February, 1991.
James E. Brady
Mayor.
Attest:
Mary A. Davis
City Clerk
Council Member IOuesner moved adop-
tion of the Resolution. Secoaded by Council
Member Pratt. Canied by the following vote:
Ye~--Mayor Brady, Council Members
Dcich, Kluesner, Krieg, Nichoison, Pratt,
Vcotberg. Nays--None.
RKSOLUTION NO. 43-91
ORDERING BIDS
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the Construction of Ice Harbor Plaza
is hereby ordered to be adve.ised for bids
for construction,
BE IT FURTHER RESOLVED, that the
amount of the security to accompany each
bid shall be in an amount which shall
conform to the provisions of the notice to
bidders hel~by approved as a part of the
plans and specifications heretofore adopted,
That the City Clerk is hereby directed to
advertise for bids for the constrnction of the
improvements hezein provided, to be pub-
ilsbed in a newspaper having general circula-
tion in the City of Dubuque, Iowa, which
notice shall not be less than four days nor
more than twenty days prior to the rec~pt of
said bids at 10:00 a. ro~ on the 13th day of
Feh~ary, 1991. Bids shall be opened and
read by the City Clerk at said time and will
be submitted to the Council for final aclion
at 7:30 p.m. on the 18th day of February,
1991.
Passed, approved and adopted this 4th day
of February, 1991.
Jan~s E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Regular Session, February 4, 1991
41
Council Member Klueauer moved adop-
tion of the Resolution. Seconded by Couecll
Member Prett C~mied by the following vote:
Yezz---Maye~ Brady, Council Members
Deich, Kluamer, Kring, Nicholson, Pratt,
Voetberg. Nays-None.
Communication of City Manager submit-
ting 3 resolutions authorizing publication of
the official notices of the public hearings
required in connection with the adoption of
the budget, inusented and read. Council
Member Pratt moved that the communication
be received and filed. Seconded by Council
Member Voetburg. Carried by the following
vote: Yeas---Mayor Brady, Counc0 Members
Deich, Klunmer, Kfing, Ninholson, Pratt,
Vcotherg. Nays-None.
RESOLUTION NO. 44-91
RESOLUTION SE3TINO THE DATE
OF THE PUBLIC HEARING ON
THE FISCAL YEAR 1992 BUDGET
FOR THE CITY OF DUBUQUE
Whereas, Section 384.16 of the Code of
Iowa provides that the City Council shall set
a time and place for a public hearing on the
budget before the final certification date and
shall publish notice before the heating aa
provided in Section 362.3 of the Code of
Iowa.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section L That the City Council shall
conduct a public hearing on tbe proposed
1991-92 budget of the City of Dubuque at
the Carnegie Stout Public Library Audi-
torinn~ llth and Bluff Streets, Dubuque,
Iowa, on Thursday, February 28, 1991,
buginning at 7:30 p.m.
8e~ion 2. That the City Clerk be and is
hereby anthcsized and direc~l to publish
according to law notice of public heating
together with the required budget informa-
tion.
Passed. approved and adopted this 4th
day of February. 1991.
lam~s E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption of
the Resolution. Seconded by Coundl
Member Vo~therg. Carried by the following
vote: Yeas--Mayor Brady, Counc'd Members
Deich, Kluesner, Kfiag, Nicholson, Pratt,
Voatberg. Nays--None.
RESOLUTION NO. 45-91
SETHNG THE DATE OF PUBLIC
HEARING ON THE FIVE YEAR
CAPITAL IMPROVEMENT
PROGRAM
Wbereas, a proposed five year Capital
Improvement Program for the City of
Dubuque has been ptepa~r~d and submitted to
the City Conndl; and
Wbel~as. the capital projects for the first
year are included in the Fiscal Year 1992
budget for the City of Dubuque;
Whereas. it is deemed to be in the best
interest of the City of Dubuque to conduct a
public hearing and to adopt the five year
Capital Improvement Program simnitan-
eously with the public heating and adoption
of the Fiscal Year 1992 budget for the City
of Dubuque.
NOW. THEREFORE. BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE. IOWA:
Section 1. That the City Cour~'ll shall
conduct a public heating on the five year
Capital Improvement Program at the
Carnegie Stout Public Library Auditorium,
llth and Bluff Streets, Dubuque, Iowa, on
Thursday, February 28, 1991, buginnlng at
7:30 p.m.
St, eBon 2. That tho City Clerk be and is
beteby authorized and directed to publish
notice of the public hearing.
Passed, approved and adopted this 4th day
of February, 1991.
Jan~s E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption of
the Resolution. Seconded by Council
Mcmbe~ Voetburg. Carried by thc fofiowing
vote: Yeas--Mayor Brady, Council Members
Duich, Kluesner, Kring, Nicholson, Pratt,
Voetberg. Nays---None.
RF~OLUTION NO. 46-91
AUTHORIZING PUBLICATION OF
NOTICE OF PUBLIC HEARING
FOR THE USE OF COMIVIUNITY
Regular Session, February 4, 1991
DEVELOPIVHINT BLOCK GRANT
FUNDS
Whereas, the City of Dubuque is entitied
und~ Titie I of the Housing and Community
Development Act of 1974, ns attended, to
uetlnin Community Development Block
Grant funds; and
Wberezz, the regulations governing the
submission of a statement of intent for such
funds require that citizens be provided with
adequate information concerning the Com-
munity Development Block Grant Program
and an adequate opportunity to participate in
thc development of thc submission and in
the development of any revisions, changes or
amendn~nts; and
Wber~s, it has beco deemed to be in the
best interest of the Community Development
Block Grant Program to hold a public
heating to supplement p~viously held
meetings with private and public agencies,
City Manager's budget meetings, and thc
public meeting conducted by the Community
and Economic Development l)~enR and
Whereas, it is further deemed to be in the
best interest of the City of Dubuque to bold
sucb public heating simultaneously with the
public hearing on the five year Capital
Improvement Program and the Fiscal Yea~
1992 budget for the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
SecBon 1. That the City Clerk be and is
hereby authmized and di~v. cted to publish
notice of public hearing in the form of
Exhibit "A" attached hereto and made a part
their, eL
Paased; approved and edopted this 4th day
of Februmy, 199L
Brady
Mayor
Attest:
Ma~y A. Davis
City Clerk
Council Member Pratt moved adoption of
the Resolution. Seconded by Council
Member Voetherg. Canied by the following
vote: Yeas--Mayor Brady, Coundl Members
Duich, Kluesner, Krieg, Nicholson, Pratt,
Voetburg, Nays---None.
Communication of City Manager recom-
mending agprovni to vacate a portion of
Ruth Stteet from King Street to its southerly
terminus as ~xluested by Thomas D. Wciu
and set matter for public heating, presented
and ruud. Council Member Vontburg moved
that the communication be received and
filed. Seconded by Couecll Member Krieg.
C~mled by the following vote: Yesa--Mayor
Brady, Council Members Delch, Kluesner,
Krieg, Nicholson, Pratt, Voetberg.
Nays--None.
RESOLUTION NO. 47-91
RESOLUTION APPROVING PLAT
OF PROPOSED VACATED PeR- r
TION OF RUTH STREET FROM
KING STREET TO ITS
SOLrI'HE1LLY TERMINUS
Wbereas, tbere has buen presented to thc
City Council of the City of Dubuque, Iowa,
a plat dated Januezy 4, 1991, propa~d by
Wallace, Holland, Kastler, Schmitz and
Company of Dubuque, Iowa, describing the
proposed vacated portion of Ruth Street from
King Street to its southerly terminus; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW, THEREFORE, BE 1T RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the plat dated Janua~ 4,
1991 Inepared by Wallace, Holland, Kastinr.
Schmltz and Company, relative to the real
estate bereinabove described be and the sarr,~
is hereby approved, and the Mayor and City
Clerk be and they are hereby authorized and
directed to execute said pint for and on
behalf of the City of Dubuque, Iowa.
Section 2. That the City Clo~k be and is
hereby authorized and directed to llle said
plat and certified copy of this resolution in
the office of the Recorder, in and for
Dubuque County, Iowa.
Passed, approved.and adopted this 4th day
of Febnu~ry, 1991.
lam~s E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution, Secoaded by Council
Member Ki'ing. Carried by the following
vote: Yeas---Mayor Brady, Council Members
Dcich, Kiuesner, Kring, Nicholson, Pratt,
Voetberg. Nays--Noun.
An Ordinance Vacating a portion of Ruth
Stteet flora King Street to its southerly
Regular Session,
terminuz, prea~ntod and read. Council
Member Vcetheag moved that this bu con-
zidzred the fi~t reading of the Ordinamm,
and that the reqoh-~ment that a proposed
Ordlnunce bo consideeed and voted on for
passage at two council meetings prior to thc
meeting at which it is to bo tinnily adol~ed
bo suspended and further moved that a
Public Hearing bo held on thc Pioposed
Or~unnce on the 18th day of Fcbr0asy, 1991
at 7:30 p.m. in the Public Library
Auditorium and that the City Cie~ publish
notice in the manner prescribed by law.
Seconded by Council Member IOing. Canled
by the following vote: Yens=Mayor Brady,
Council Mcmbon Ddich, Kiueener, Faiag,
Nichnison, Pratt, Vcetbs~g. Nays---None.
RESOLUTION NO. 48-91
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT B AND LOT C
IN KING'S GROVE ADDITION IN
TI~ CITY OF DUBUQUE. IOWA
Whereas, Thomas D. Welu has requested
the vacating of a portion of Ruth Sue, ct from
King Street to it's southerly terminus; and
Whereas, Watlace, Holland, Kasticr,
Schmi~ and Company of Dubuque, Iowa has
Prcl~m~ and submitted to the City Council
a plat showing the vacated
SUect and assigned lot numbers
which hereinafter shall he known and
described as Lot B and Lot C in King's
Grove Addltiun in thc City of Dubuque,
Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this
portion of Ruth Street is no longer reqai~ed
for public use, and vacating and sale of said
!en~on of Ruth Street known as Lot B and
Lot C in King's Grove Addition in the City
of Dubuque, Dubuque County, Iowa should
be approve&
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Se~lon L That the City of Dubuque
intends to dispose of its interest in Lot B and
Lot C in King's Grove Addition in thc City
of Dubuque, low~.
Section .~ That tbo conveyance of Lot B
in King's Grove Addition in the City of
Dubuque, Iowa to William P. and Zclda J.
Meyers ho contingent upon the payment of
$125.00, plus one-bulf of publication and
filing fees, and Lot C in King's Orove
Addition in thc City of Dubuque, Iowa to
February 4, 1991 43
Thomas D. Walu be contingent upon
payment of $125.00, plus one-half of
publication and filing fees.
Section 3. That the City Clerk he and is
boreby authorized and d~ected to cause
notice of intent to dispose of said ~ estate
in thc manner as prescribed by law.
Passed, approved and adopted this 4th day
of F6hou~y, 1991.
Sands E. Brady
Attest: Mayor
Mary A. Davis
City Clerk
Council Member Voetbsrg moved adop-
tion of the Resolution. Seconded by Council
Member Kring. Carried by thc following
vote: Yeas--Mayor Brady, Council Members
Dutch, Kluesanr, IG-iag, Nicholson, Pratt,
Vcetherg. Nays--Noce.
Boards and Commissions:
Fire/Police Retirement System Board of
Trustees. One unexpired term which will
expire March 31, 1992.
Applicants: Bob Can', 2030 Deborah Dr.;
Donald W. Wand, 2743 Liada Ct.
Council Member Pratt moved approval of
Mayor's recommendation Bob Car ho
appointed to the unexpired term which will
exl~'c March 31, 1992. Seconded by Council
Member Voctburg. Carried by the following
vote: Yens--Mayor Brady, Council Members
Deich, KIuesner, Kdng, Nicholson, Pratt,
Vootherg. Nays--None.
Communication of City Manager wquest-
lng approval of two R.E.A.P. grant appll-
cmions for thc Riverview Park development
and West Side Parkway devclopmunt ~nd
authorize the Mayor to sign thc applications,
prcannted and read. Council Member Pratt
moved that thc communication be received
and filed and Mayor to execute applications.
Seconded by Council Member Voethorg.
Canled by the following vote: Yens---Mayor
Brady, Council Memhers DCICh, Kiucscer,
Krleg, Nicholson, Pratt, Voctberg.
Nays--None.
Communication of City Manager recom-
mending adoption of an Grdinauee amending
Chapter 27, "Human Relations", p~sented
and mad. Council Member Vcetbu~ moved
that the communication he received and
filed. Seconded by Council Member
Nicholzen. Carried by die following vote:
Regular Session, February 4, 1991
yeas---Mayor Brady, Council Members
Deich. Klueaner, Kfing. Nicholson, Pra~
Vceiber~. Nays---None.
An Ordinance Amending the Code of
Ordinances by zepealing Subsections 27-
117(a), 27-117(b) {md 27-I 17(0 and enacting
new Subsections 27-117(a), 27-117(b) and
27-117(0 in lieu thereof providing for
Administrative Closure of Human Rights
Complaints, presented and mad.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 7-91
AN ORDINANCE A/V~NDING TtgE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SUBSECTIONS 27-
llT(a), 27-117Co), AND 27-117(0,
RELATING TO ADMINISTRATIVE
CLOSURE OF HUMAN RIGHTS
COMPLAINTS, AND ENACTING
NEW SUBSECTIONS 27-117(a), 27-
l17(b), AND 27-117(0 IN LIEU
THEREOF PROVIDING FOR
ADMINISTRATIVE CLOSURE OF
HUMAN RIGHTS COMPLAINTS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section L The Code of Ordinances of the
City of Dubuque, lown, is amended by
repealing Subsections 27-117(a), 27-117(b),
and 27-117(0.
Se~ion ~ The Code of Ordinances of the
City of Dubuque, Iowa, is amcndad by
adopting the following new subsections:
*'Sec. 27-117. Sixty-day release from
admihistrative process, alternative judicial
proceedings upon complaints.
(a) Conditions for release. A person
claiming to bu aggrieved by an unfair or
diserlminatm7 practice must ihiilally seek an
administrative relief by filing a complaint
with the commission in accordance with
Section 27-111. A complainant, after thc
proper filing of a complaint with die com-
mission, may suheeqcendy commence an
action for relief in the district court if ail of
thc following conditions have been sa~sfiod:
(1) Thc complainant has timely filed
the complaint with thc commission ss pro-
vided in Section 27-113.
(2) The complaint has been on file with
die commission at least sixty (60) days and
thc commission has issued a rclc.~e to the
complainant pursuant to Sflbsecfion (b) of
this section.
(b) Requirements for issuance of release.
Upoo a request by the complainant, and after
die expiration of sixty (60) days from the
timely filing of a complaint with thc com-
mission, the commission shall issue to thc
con~ininunt a mleaze stating that thc
complainant has a fight to commence an
action in the disUict cou~ A release under
this subsection shall not he issued if a
finding of no probable cause has been
on the complaint by thc administrative law
judge charged with the duty under Section
27-114, or a conciliation agreemunt has heen
executed, or the commission has served
notice of heating upon the respondent, or the
coreplaint is closed as an administrative
closure and two years have elapsed since the
issennce date of thc clo~ure,
Notwithsumding Section 27-26, a party
may obL~n a copy of all documents con-
l~ined in a case file where the commission
has issued a rele~e to the complainant
pursuant to this subsection.
(f) It is the lngislailve intent of this
section that every complaint ho at least
preliminarily screcoed during the first sixty
(60) days, This subsection docs not authorize
administrative closures if an investigation is
Se~t|on :~ This ordinance shall take effect
upon publication.
Passed, approved and adopted this 4th day
of February, 1991.
James E. Brady
Mayor
Attest:
Mary A. Davia
City Clerk
Published officially in the Telegraph
Herald newspaprx this 1 lth day of February,
1991.
Mary A. Davis
City Clerk It 2/11
Council Member Vcetbo~g moved that
this bo considered the first reading of thc
Ordinance, and that thc requirement that a
proposed Ordinance he considered and voted
on for passage at two council meetings prior
to the meeting at which it is to bo finally
adopted he suspended and further moved
final adoption of thc Ordinance. Seconded by
Council Member Nicholson. Carried by the
Regular Session, February 4, 1991 45
following vote: Yeas--Mayor Bnuty,
Council Members Deich, Kluesncr, Kfiag,
Nichulson, Prau, V~tbo~. Nays--Noec.
Communication of City Munaacr ~cquest-
lng Mayor be authorized to sign letter of
co~ion to bo included in the Dubuque
County Cornpreboeaive Solid Waste
Management Plan, pmseated and read.
Council Mem~r Klueane~ moved that the
communicailon bo received and filed.
Seconded by Council Member Deich.
Carried by the following vote:
Ye~--Mayor Brady, Council Members
Dulch, Kluesner, Krieg, Nich~son, Prim
Voetbor~. Nays--Noun.
RK~OLUTION NO. 49-91
A RESOLUTION APPROVING A
LET]ER OF COOPERATION IN
THE DUBUQUE COUNTY
COMPREHENSIVE SOLID WASTE
MANAGEMENT PLAN
Whereas, a futte~ of cooperation in a
Comprehensive Plan is xuqulred of nil
government entities by the Iowa Department
of Natural Resources; and
Whereas, a Coml~hansive Plan has been
developed by the Dubuque Metropolium
Area Solid Waste Agency for a Solid Waste
Reduction Program for the Dubuque
Moth, elijah Area Landfill; and
Whereas, this Comprehensive Plan is
required by the Iowa Department of Nat~al
Reaourccs for renewal of the Dubuque
Metropolitan Area Landfill permit; and
Whereas, the term of this Comprehensive
Plan will bo from January 28, 1991 to
Sununry 28, 1994 which is concurrent with
the permit; and
Whereas, the City of Dubuque has
reviewed the Comp~heasive Plan and the
City is committed to the Waste Reduclion
and Recycling goals of 25% by 1994 and
50% by 2000; and
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Se~loa 1. The City concurs with and
adopts thc Comprehensive Plan developed by
the Dubuque Metropolitan Area Solid Waste
Agency and will mnke its best effort to put
into action thc impfumentefion plan and
schedule.
Section 2. The Mayor of the City is
authorized and is hereby directed to execute
the letter of coopera~on with the Dubuque
MeffopoHtsn A~ca Solid Waste Agency.
Passed, approved and edopted this 4th day
of February, 1991.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by Council
Member Deich. Carried by the following
vote: Yea~--Mayor Brady, Council Membo's
Deich, Klueaner, Kriag, Nieholson, Pratt,
Vunthorg. Nays--None.
Communication of City Manager ~com-
mending following action bo taken regarding
adoption of the OR and OS Dis~ct Text
Amundmeais: 1) Extend the OR moratorium
on multi-family dwellings to Suly 1, 1991; 2)
ed~pt the OR and OS District text amend-
m?n.~ as wcommeuded by the Zoning Com-
rrass~on with an effective date of Suly 1,
1991, i~eseated and read. Council Member
Klunsncr moved that the communication bo
received and liled. Seconded by Council
Member V~etherg. Canled by tbo following
vote: Yeas--Mayor Brady, Council Membor~
Deich, Klunsecr, IOieg, Nicholson, Pratt,
Voetborg. Nay~--None.
Au Ordinance Amending Code of Ordi-
unneas by repealing the present Secilous 3-
2.1 and 3-2.2 mad adding thereto new
Sectioas 3-2.1 and 3-2.2 providing new
Office District Regulations to bo effective
Suly I, 1991, p~gnted and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. g-91
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY
REVISING APPENDIX A THEREOF,
ALSO KNOWN AS THE ZONING
ORDINANCE OF THE CITY OF
DUBUQUE, IOWA BY REPEALING
TI~ PRESENT SECTIONS 3-2.1
AND 3-2.2 AND ADDING ~TO
NEW SECTIONS 3-2.1 AND 3-2.2
PROVIDING NEW OFFICE DIS-
TRICT REGULATIONS.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Regular Session, February 4, 1991
~e~lon 1. Appendix A of the Zoning
Ord~nanc~ of ~e ~ of Dubuque, Iowa is
he.by ~ by ~ ~ ~nt
~ 3-2.1 ~d 3-2.2 ~d ~ng
~e f~o~ng ~w ~fl~s 3-2.1 ~ 3-2.2
m ~ng in ~e a~h~ E~t A.
of ~, 1~1.
i~s E. B~y
May~
M~ ~ Davis
EXHIBIT A
3-2. Office districts.
3-2.1. OR Office Residential Dis~ct
(A) General reand dnscri tion, The
office/high density multi-family residential
district is intended to encourage and permit
a r~xtu~ of c~-npalblc office uses with
high density multi-family uses in the exisling
built city. '[he OR District is not intended to
have any appHcefiou in undeveloped or
newly developing areas of the city or on
land made vacant through intentional demoli-
lieu. This district should serve as a uansition
zoue between commercial and single- and
two-family residenilsi areas through the
adaptive reuse of existing building stock,
which will nmmally bo residential in
chasncter. Development standards should
remain flexible to allow conservation and
reuse of existing bulidiagm. This distYint
should 8~nerully bo located in areas abutting
because of location and t~unds, suitable for
development by Iow intensity office uses and
high intensity residential uses.
(B) Prieci al rmltted uses. The follow-
ing uses shall bo permitted in the OR
Dis~cu
(1) One- and two- fantily dwelling units
within existing structe~s only --[9].
(2) Multi-family dwullings--[9].
(3) Towaboures (thice (3) or mom
laterally attached uults~--[9].
(4) Roaming]boarding h0ures--[4].
($) Nursing or convalescent hon~es-- [2].
(6) Homing for the' aldefly, handi-
capped or disahied-[3].
(7) M~uaries and funeral homes--[12].
(8) Noncommercial art galleries,
museuwm and libraries--[13].
(9) Artist sterile--J5{.
(10) General offices--II4].
(11) Personal services--II4].
(12) Churehe~, convents, and mona-
steriea--[7].
(13) Schools of private instrnction-- [4].
(14) Public and private/ pure~hial
schools aplgoved by lowa Stnte Board of
Public fustmclion (K-12)-[10].
(15) Railroad~ and pubil¢ or quasi-
public utilities including sub~tations--[47].
(16) E~mily herons--Ill].
[ ] P~king group--S~ Section 4-2 of
this or&nance.
(C) ~ The following uses
shall he pern'~tted as a~cessory uses as
provided in Section 4 of this ordinance:
(l) Attached garages.
(2) Detached garages.
(3) Oreenhouses.
(4) Solar collectors.
(5) Wind gencrato~.
(6) Satellite receiving d~shes.
(7) Storage buildings.
(8) Readily moveable sports, recreation,
or outdoor cooking equipment.
(9) Tennis courts, swimming pools and
slmil~r pem~nent facilities.
(10) Home occupations.
(11) Noncomrc~rcial gardens and
nurseries.
(12) Off-street parking and storage of
vehicles.
(13) Fences.
Regular Session, February 4, 1991
4?
(14) Garage sales or rummage sales
provided that not more than three O) such
sales shall be allowed per premls~ per
calendar year and not more than three O)
consecutive days p~r sale.
(D) Conditional uses. The following
conditional uses ate permlited in the OR
District, subject to the provisions of Section
5 of this ordinance and m~ thc minimum
requirements for application to the Board of
Adjustment for a conditional use permit:
(1) Group homes, provided thai:
(a) Not less than six hundred
and fifty (650) square
feet of lot m'ea be pro-
vided per resident;
(b) The parking group require~
ments can be
(2) Bed and breakfast homes, provided
that:
(a) The use is either located
within an historic preservation
district or is listed on the
National Register of Historic
Places;
(b) Signage shall be lln~ted to one
(1) nonilluminated wall-
mount~ sign not to exceed
four (4) square feet in area;
and
(c) The parking group reqtdre-
menta can be m~t--[4?].
O) Hospice, provided that:
(a) The parking group require-
ments can be met--J2].
(4) Group day care center provided
(a) Forty (40) square feet of
indoor floor area (excluding
halls and bathrooms) is
provided per child in areas
occupied by cribs, thirty-five
(35) squa~ feet of imioor area
(excluding halls and bath-
moms) is provided per child in
areas not occupied by cribs
tirms the licensed capacity and
sevanty-five (75) square feet
of fenced outdoor recreation
spef. e is provided per child
using the space at a given
(b) the perking group reqtdrements
can be met [8].
(c) such facility shall supply
loading and unloading of
children so as not to obstract
public streets, or create traffic
or safety hszards; and
(d) all licenses have been issued
or have been applied for
awaiting the outcome of the
Board's decision.
(5) Private clubs, provided that:
(a) The parking group reqtdm-
ments can be n~t--[20].
(6) Off-street parking of operable
ditional use in an abutting office service,
commercial (except C-1 District), insfitu-
fionai, or industrial district, provided that:
(a) No structure other than a
scrceding or security fence or
wall shall be erected on the
premises;
(b) Signage shall be limited to one
(1) frco-standiag sign of no
more than six (6) square feet
in size per drive opening,
identifying the parking use,
providing directions or
marking entrances and exits
thereto;
(c) A site plan shall be submitted
and approved as provided in
S~ction 4 of this on~inanee.
(7) Off-premises residentiai garages,
provided that:
(a) It is incidental and subordinate
to a petmi0ed residential use
and located on a lot within
three hundred (300) feet of the
residential uso it s~wes;
(b) It is owned and maintained by
the property owner within
three hundred (300) fe~t of the
residential use it serves;
(c) Such use shall be designed,
constructed and maintained in
harmony with the residential
setting in which it is located;
(d) No such use shall exceed
seven hundred and twenty
Regular Session, February 4, 1991
that:
(720) squm~ feet of floor area
per dwelling unit and a height
of lifteen (15) feeg
(e) No commercial storage, sales
or home occupations shall be
permitted within such
(fi No outside stecage shall be
permitted in conjunctio~ with
such use;
(g) A site plan shall be submitted
as provided for in section 4-4
of this ordinance.
(8) Barber and beauty shops, provided
(a) The parking group require-
ments can be met--[16].
(9) Photographic studio, provided that:
(a) The patting group require-
meats can be met--J23].
(10) parking smtctures.
[ ] parking group - Section 4-2 of this
(E) ~ The following uses
shall be permitted as temporary uses in the
OR District:
(1) Building or trailer for storage of
materlais and/or eqdipm~nt necessary for
construction authorized by a valid building
permit, provided the location of the building
or trailer has been approved by the building
~fficiai.
Regular Session; February 4, 1991
49
I = Cul-de-sac. 2 = Local street. 3 =
Collector. 4 = Minor arterial. 5 = Pxincipal
arterial.
* Plus one additional foot of setback for
every foot in height above forty (40) feet
with no part to excead seventy-live (75) feet
in height.
+ Applied to exterior walls only.
Plus one additional foot per fl~:~ above
the second floor.
** Except where abutting a residential
dish-icg then six (6) feet side yard setback
required.
(G) Parking reqnl~ments. See Section 4-2
of this ordinance.
(H) Signs. Se~ Section 4-3 of this
3-Z2. OS Office/Serviee District.
(A) General purpose and description. The
office/service disUlet is intended to
encourage and permit office uses in newly
developing areas of the city. This develop-
ment is expected to occ~ on vacant land or
on a redevelopment site which, by virtue of
an area's changing character, use or dis-
tressed condition, warrants Ialnvestmcnt,
renewal and muse. This distxict may be used
as a Uansition zone batween commercial
areas along major sifters or between com-
mercial uses and residential areas in areas
abutting arterial and/or collector sfieets
which are, because of location and fiends,
snitablc for office development. As a
transition zone, dcvalopmant standards
should buffer this type of development from
residential uses to lessen the possible impact
and intensity of office development.
(B) Principal pennlttad uses. The
following u~es shall be permitted in the OS
District:
(1) Residential uses above thc first
floor obly--[6].
(2) General offices-[14].
(3) Artist studio--J5].
(4) Medical offices/clinics less than
5,000 sq.
Regular Session, February 4, 1991
(5) Dental and medical labs--[g].
(6) Personal services--[14].
(?) Bafcerfoeauty shop--[16].
(g) Schools of private instmetion--[4].
(9) Railroads, public/quasi-public
utilifiex--[47].
[ ] Parking group--See Section 4-2 of
this ordinance,
(C) ~ The following uses
shall be permitted as accessor~ uses as
provided in Section 4 of this ordinance:
(1) Any use customarily incidental and
subordinate to the principal use it serves.
(D) Conditional uses. The foilowing
conditional uses are permitted in tba OS
Distric~ subject to the provisions of Sccllon
5 of this ordinance and arc the nfinimum
rc~nlrements for application to the Board of
Adjustment for a conditional use p~t:
(1) Private clubs, provided that:
(a) The parking group reqnim-
ments can be m~t--[20].
(2) Group day cate centers provided
that:
(a) Fo~y (40) square feet of
indoor floor area (excluding
halts and bathrcoms) is pro-
vidcd per chtid in areas
occupied by cribs, thirty-five
(35) square fe~t of indoor area
(excluding halls and bath-
rooms) is provided per child in
areas not occupied by cribs
lim~s the licensed capacity and
seventy-five (75) square feet
of fenced outdoor recreation
space is provided per child
using the space at a given
firm;
(b) the parking group requirements
can ba tv. ct [8];
(c) such facilit'j shall supply
loading and unloading of
children so as not to obstract
public stxeets, or create t~affic
or safety bazards; and
(d) all licenses have been issued
or have been applied for
awaiting the outcome of the
Board's decision.
O) Off-gm,et parking of operable
automobiles to serve a pem~itted or eon-
difional use in an abutting office residential,
:ommernlal (except C-I Distric0, institu-
tional, or industrial district, provided that:
(a) No smacttve other than a
screening or security fence or
wall shall be erected on the
premises;
(b) Signage shall be limi~d to one
(1) free-standing sign of no
more than six (6) square feet
in size per drive opening,
identifying the parking use,
providing directions or
retaking enUances and exits
thereto;
(c) A site plan shali be submitted
and approved as provided in
Section 4 of this ordinance.
(4) parking sfiectares.
[ ] parking group--See Section 4-2 of
this ordinance.
(E) ~ The following uses
shall be permitted as temporary uses in the
OS District:
(1) Building or trailer for storage of
materials and/or equipment necessary for
consUucfion authorized by a valid building
permit, provided the location of the building
or trailer has been approved by the building
official.
Regular Session, February 4, 1991
(F) Bulk regulations.
I = Cul-de-sac. 2 = Local street. 3 =
Collector. 4 = Minor atterlul. 5 = Principal
** Except here abutting a residential or
office residential district, then six (6) feet
side yard setback required.
++ Except where abutting a residenfiul or
office residential district, then twenty (20)
percent lot depth mar yard setha~k required.
(G) Parking requirements. See Section 4-2
of lifts ordinance.
(H) Signs. S~ Sextio~ 4-3 of this
ordinance,
Published officially in the Telegraph
Herald ncwspaper this 19th day of March,
1991.
Mary A. Davis
City Clerk It 3/18
Council Member Klaesner moved that this
be considered the first reading of thc
Ordinance, and that the reqalrernent that a
proposed Ordinance be considered and voted
on for passage at two council meetings prior
to the meeting at which it is to be finally
adopted be suspended and further moved
final adoption of thc Ordinance. Seconded by
Council Member Voetberg. Carried by the
following vote: Yeas--Mayor Brady, Coun-
cil Members Deich, Kluesner, Krleg,
Ninholson, Pratt, Voetberg. Nays--None.
An Ordinance Rapealing Ordinance No.
76-90 and adopting a New Ordinance pro-
riding for a Moratorium on the issuance of
building permits for new constmctian other
than construction for General Offices in thc
OR Office Residential District in thc City,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO, 9-91
AN ORDINANCE REPEALING
ORDINANCE NO. 76-90, WHICH
ESTABLIS}~D A MORATORIUM
ON THE ISSUANCE OF BUILDING
PERMITS FOR NEW CONSTRUC-
TION, OTHER THAN CONSTRUC-
TION FOR GENERAL OFFICES, IN
TI-~ OR OFFICE RESIDENTIAL
DISTRICT IN TE~ CITY OF
DUBUQUE, IOWA, AND ADOPT-
ING A NEW ORDINANCE NO. 9-91,
CODE OF ORDINANCES, PROVID-
ING FOR A MORATORIUM ON
THE ISSUANCE OF BUILDING
PERMITS FOR NEW CONSTRUC-
TION, OTHER THAN CONSTRUC-
TION FOR GENERAL OFFICES, IN
THE OR OFFICE RESIDENTIAL
DISTRICT IN THE CITY OF
DUBUQUE, IOWA
51
Whereas, the City Council is concerned
with uses in the OR Office Residential Dis-
trlct that permit high density, multi-family
uses that may not be consistent with the
general purpose of the OR Office Residential
District and
Whereas, the Zoning Commission has
studied the regulations relating to the OR
Office Residential District, and made its
recommendation to the City Council for
Zoning Ordinance amendments; and
Wbeteaa, the Zoning Commission will
study the OR Office Residential District for
redeveloprsent opportunities, appropriate use
of land and the promotion of compatible
land uses in, along and adjacent to the OR
Districl; and
Regular Session, February 4, 1991
Whe~ss, the City Council desires to
esteblish a moratorium on the issuance of
building pemlts for new construcfieo,
excluding repa~ to existing structu~s, and
excluding constsnction related to general
offices, while the OR Office Residenllul
Dis~ict is being studied by the Zoning
Commission and thc City Council.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Se~fion 1. Ordinance No. 76-90 is hereby
S~lon 2. Section 11-58 of the City of
Dubuque Code of Ordinances is amended by
adding thereto the following:
"(e) No building permit for new con-
stru0tion within the OR Office Residential
DisUict, ns shown on the Official Zoning
Map, other than construction relating to the
principal permitted use of general offices,
shall be issued by the building official from
the date of the publication of this ordinance
until July 1, 1991. The moratorium provided
for herein shall not be construed to deprive
any person, firm or corporation of a vested
right that such person, firm or corporation
may have acquired as a matter of law for the
issuance of a building petrdit as of the effce-
tive date of the adoption of this ordinance.
Any person, firm or corporation aggsieved
by or adversely affected by the building
official's refusal to issu~ a building permit
pursuant to this moratorium shall appeal
therefrom to the City Council of the City of
Dubuque.
Passed, aplnoVed and adopted this 4th day
of February, ]991.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald this 19th day of March, 1991.
Mary A. Davis
City Clerk It 3/19
Council Member Klueaner moved that this
be considered the first reading of the
Ordinance, and that the requirement that a
proposed Ordinance be considered and voted
on fo~ passage at two council meetings Inior
to the meeting at which it is to be finally
adopted be suspended and further nmved
final adoption of the Ordinance. Seconded by
Council Member Voetberg. Cnn'led by the
following vote: Yeas--Mayor Brady,
Council Members Dcich, Kluesner, Krlag,
Nicholson, Pratt, Voetberg. Nays--None.
RESOLUTION NO. $0-91
NOW, THEREFOHE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the following having complied with
the provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa/
be granted a permit to sell Cigarettes and
Cigarette Papers within said City.
Ray Fuller, Triple "S", (My-Cap),
607 E. 22nd Sc
Sandra Zirlmlba~h, Kennel Club,
(My-Cap), 1097 Jackson St.
Passed, approved and adopted this 4th day
of Febmmy 1991.
Jarnns E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by tho following
vote: Yeas--Mayor Brady, Council
Members Dcich, Kluesncr, Krieg, Nicholson,
Pratt, Voetberg. Nays--None.
RESOLUTION NO. $1-91
Wbe~as, Applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been
examined and approved; and
Wbexeas, The premises to be occupied by
such applicants were inspected and found to
comply with the Ordinancns of this City and
have filed proper bonds;
NOW, THEREFORE, BE ri' RESOLVED
by the City Council of the City of Dubuque.
Iowa, that the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit.
CLASS "C" BEER PERMIT
Iowa Oil Company, IOCO Speede
Sheppe, Sunday Sales, 1481 Dodge St.
Passed, approved and adopted this 4th day
of February, 1991.
Regular Session, February 4, 1991
53
Ian~s E. Brady
Mayor
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Membe~ Nicholson. Cmlad by the following
vote: Yces--Mayor Brady, Council Members
Deich, Kinesner, IOing, Nichulson, Pratt
Voetberg. Nays---None.
RESOLUTION NO. $2-91
Whereas, applications for Liquor Licenses
have been submitted to this Council for
approval and the same have been examined
and aplnoved; and
Whereas, the premises to he oueul~ad by
con,ply with the State Law and all City
Ord~unnces ~einvant thereto and they have
fil~d proper bonds;
NOW, THEREFORE, BE 1T RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued thc following named applicants
a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
James W. Guntzingor, Gcetz',
Sunday Sale~, 2176 Jackson
Patdcia A. Kelly, Rainbow Lounge,
36 West 4th St.
Pauicia Lombunii Schuster, Ms. Pat's,
Sunday Sales, 1630 E. 16th Box 174
Chi-Chi's USA, Inc., Chi-Chi's Mexican
Rest., Sunday Sales, 800 Wacker Drive
CLASS "E" LIQUOR LICENSE
Hy-Vee Feed SUmps, Inc., HyVee Food
Sto~, Sunday Sales, 3500 Dodge SC
Passed, appmvad and adopted this 4th day
of February, 1991.
lames E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council biemher Dnich moved adoption
of the Resolution, Seconded by Council
Membe~ Nicholson. Cunind by the following
vote: Yeas--Mayor Brady, Council Members
Dnich, Kluusner, IOing, Nichulson, Pratt,
Voetberg. Nays~Noun.
9:01 p.m. Council ~:cessed.
9:16 p.m. Council zeconvuned.
City Manager Gearhart presented the
Fiscal Year 1992 budget and supporting
documents. Council took it under advise-
ment. Council Member Kluesner moved to
receive and file the documents and refer to
the budget process. Seconded by Council
Member Pratt. Canied by the fellowing vote:
Yeas--Mayor Brady, Council Members
Dalch, Kinesunr, Kring, Nicholson, Pratt,
Voetberg. Nays---None.
MINUTES SUBMITTED . Five Flags
Commission of 1-21; Handicapped Corn-
mir, ce of 1-15; Historic Preservation
Commission of 1-9; Long Range Planning
Commission of 11-14-90 & 12-12-90,
pruscntsd and read. Coancil Member
Voetbe~g moved that the minutes be received
and filed. Seconded by Council Member
Klansner. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Dnich, Kluemer, Kring, Nicholson, Prau,
Voetberg. Nays---None.
NOTICES OF CLAIMS/SUITS - Merwin
Brandanbm,g, in amount of $1183.25 for
pe~onal injmies; Cad L. Chalder requesting
lien on Urben Renewal property; Mazy
Goffinet in amount of $35.70 for personal
injuries; Alice IL Runson in unknown
amount for i~rsonal injtu4es; Mrs. Margaret
Schial in amount of $471.20 for vehicle
damages; Margemt Walton in amount of
$500.00 for personal injuries; Ruth A.
Pa~rson, in amount of $675.00 fo~ vehicle
damnge~, presented and ~.~ad. Council
Memlx= Voetbe~g moved that the claims and
suits be refcn~d to the Legal Staff for
investigation and ~ Seconded by
Council Mcml~- Kluesncr. Carried by the
following vote: Ye. us--Mayor Brady, Coun-
cil Memhers Dalch, Klncsner, Kricg,
Nicholaon, Pratt, Voetberg. Nays--None.
Communication of Coq}oration Counsel
recommceding settlement of car damngc
claim of A~hur Potze~ in the amount of
$217.04, presented and ~uJ, Council
Member Voetberg moved that thc seniem~nt
be approved und Finance Director to issue
the inopor check. Seconded by Council
Member Kluesner. Carried by the following
vote: Yeas---Mayor Brady, Council Members
Deieh, Kluesner, Krlng, Nicbolson, Pratt,
Vcetberg. Nays--None.
Regular Sesslon~ February 4, 1991
CommU~icefion of Co~poradon Counsel
recormmn&ng denial of properOj damage
cinLm of Henry Gerhard, presented snd
Council Member Voetherg moved that the
communication be received and filed and
denial approved. Seconded by Council
Member Kinesner. Carded by thc following
vote: yeas--Mayor Brady, Council Members
Daleh, Klunsncr, Kdeg, Ninhalson, Pratt,
Vuetberg. Nays--None.
Communications of Co~oration Counsel
advising of refen~ng following claims to
Ainxsis, Inc., the agent for the lows
Cormnunity Assurance Pool: Personal injury
claim of lames C. Bledgett; Property darn~e
claim of lungs & L,~s Con. U; Prope~y
damage claim of Darlene Hogan; Truck
dam~e claim of Daniel Kialcr; Car dam~c
claim of Tanu~ K~er, Personal injury claim
of Dolors C. Petrakls; Car damngc claim of
Vidde Rundc; Car dan~e claim of Ornge~y
A. Wiil~ing, presented and rc~. Council
Member Voetberg moved that the communl-
cations be received and filed. Seconded by
Council Membor Kluesncr. Canled by. the
following vote: Yeas--Mayor Brady,
Council Membors D~ich, Kinusner, l~eg,
Nichulson, Pratt, Voctberg. Nays--None.
Communica~on of Corporation Counsel
subnrittlng status on Vincent McFadden et
,vs. City of Dubuque and Jame~ E. Brady, et
al, Vs. City of Dubuque, ct al claims/suits,
prcannted and ~ad. Council Memher
Voetber~ moved that thc communication be
recdivnd snd filed. Seconded by Council
Mcmbar Kincsner. Canied by thc following
vote: Yeas--Mayor Brady, Council Members
Ddich, Klucsncr, l~eg, Nicholson, Pratt,
Vo~tbe~, Nays~Nonc.
Proof of Publication ccrtlfied to by the
Publisher ou Nmicc of Piling of thc Final
Plat and Schedule of Asscssr~nts ngainst
bencfig~ed properll~ for the Constrnction of
1990 Sidewalk Repair Project #3 within thc
' City of Dubuque, Iow~, presented and read.
~ Council Member Voctherg moved that the
pre~f of publication be received and filed.
Sccoaded by Council Mcmb~ Kinesuer.
. Caniad by the following vote: Yeas--Mayor
Brady, Ccuncll Memhers Deich, Kluesuer,
Krleg, Nicholson, Pratt, Voetberg.
Nays--None.
Conununication of Father David Kur~
reques~ng consideradon for a stop sign or
yield sign at intersecti~ of York and Cu~s
Streets, presented and rca& Council Member
Vocthcr~ moved that thc communica2on be
referred to thc City Manager and ataff.
Seconded by Council Member Kluesncr.
Canled by thc following vote: Yeas~Mayor
Brady, Conncfl Members Dcich, Kluesner,
Kring, Nicholson, Pratt, Voetbcrg.
Nays--None.
BEDUNDS REQUESTED - Holiday Inn,
Inc., $25.00 on unexpired Cigmette License;
Pa~icia Httmke, $50.00 on unexpiwd
Cigarette License, presented and read.
Council Member Voetherg moved that the
refund be approved and Finance Di~ctor to
issue the inoper check. Seconded by Council
Member Kinusuer. Carded by the following
vote: Yeas--Mayor Brady, Council Members
Duich, Kluesncr, Kfieg, Nicbolson, Pratt,
Voetberg. Nays--None.
Communication of Steve Ncyens, Presi-
dent Dubuque Audubon Souiety requesting
suppuxt for the proposad etub side recycling
idea, presented and read. Council Member
Voetherg moved that the communication be
re~civad and iliad. Seconded by Council
Member Voetherg. Carried by the foilowing
vote: Ye~--Mayor Brady, Council
Members Dnich, Kluusner, Krieg, Nicholson,
Pratt, Voetberg. Nays--None.
Communication of Paul Sutton regarding
piled snow on sidewalk abutting thc Amoco
Sctwice Station, presented and read. Council
Member Voetborg moved that the communi-
cation be received and filed. Seconded by
Council Member Kluesner. Carried by the
following vote: ye~s~---Mayc~ Brady,
Council Members Dalch. Kluesner, Krlag,
Nicbolson, Pratt, Vcetberg. Nays--None.
Communication of City Manager recom-
mending acceptance of the contract for the
consUuction of portions of 5th Street, 6th
Stseet, Bell S~eet, Adams Sueet, and 4th
Street in association with the development of
the peninsula area for riverboat gambling,
presented and read. Council Member
Voetberg moved that thc communication he
received and Fried. Seconded by Council
Member Kluesner. Caniad by thc following
vote: Yeas~Meyor Brady, Council Members
Duich, K]uesner, Kfing, Nicholson, Pratt,
Voetherg. Nays~None.
RESOLUTION NO. $3-91
ACCEPTING IMPROVEMENT
Whereas, thc contract for the Fotmh
Sm:et Peninsula - P.C. Concrete Paving and
Drainage Project has been completed and the
City Manager has examined thc work and
filed his c~rificate slating that the same has
been completad according to the terms of the
contract, plans and specificallons and
recommends it acceptance.
Regular Session, February 4, 1991
55
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
8e~lon 1. That the ~:onunandafion of
thc City Manager be aplxoved and that said
improvement be and the same b hereby
BE IT FURTHF. R RESOLVED that the
City Treanmer be and he is hereby dhectad
to lmy to the co~truetor from Generid
Obligation Bonds in amount equal to the
amount of Ids conmtct, less any retained
percentage provided for thesein.
Passed, approved and adopted this 4th day
of Febnuu-y, I991.
Attest:
Mary A. Davis
City Clerk
Jmn~s E. Brady
Mayor
Council Member Voetberg moved adop-
tion of the Resolution, Seconded by Council
Member Kiuesuer. Carried by the following
vote: Yea~--Mayor Brady, Council Members
Deich, Kiuesanr, Kring, Nicholson, Pratt,
Voetberg. Nays---None.
RESOLUTION NO. ~4-91
vote: Yeas---Mayor Brady, Council Member~
Deich, Kiuesner, l~ie~, Nicholson, Pratt,
Voetbe~. Nay~None.
Cormnunlcation of Compt~ller of
Dubuque Greyhound Park submitting their
1990 and/t for Dubuque Racing Association,
presented and read. Coancfl Member
Voetberg moved that the communication be
~ereived and filed. Seconded by Council
Membe~ Khesuer. Canied by the foilowinli
vote: Yeas--Mayor Brady, Council Member~
Ddich, Kluesuer, Kring, Nicholson, Pra~
Vootbe~g. Nays---None.
There being no further business, Council
Member Voetberg moved to edjoum the
meeting. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kiuesner, Krlng, Nicholson, Pratt.
Voetberg. Nays---None.
Meeting edjoumed at 10:37 p.n~
Mary A. Davis
Clerk
1991.
FINAL ESTIMATE
Whereas, the contract for the FouRh
Slreet Peninsula - P.C. Concrete Paving and
Drainage Project be~ been completed and the
City Engineer has submitted his final esti-
mate showing the exit thereof including the
cost of eslimates, notices and inspection and
NOW, THEREFORE, BE IT RESOLVED
BY TI~ CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the cost of snid
iml~ovemcnt is hereby determined to be
$742,241.86 and the snid amount shall be
paid from General Obligation Bonds of the
City of Dubuque, lows.
Passed, approved and adopted this 4th day
of February, 1991.
James E. Brady
Council Members
Attest:
Attest: Mayor ~r~
Mary A. Davis
City Clerk
Council Member Voetharg moved adop-
tion of the Resdation. Seconded by Council
Member Kiuesner. Carried by the following
Regular Session, February 18, 1991
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Rngdiar Session, February 18, 1991.
Council met at 7:30 p.m. Public lAbrary
Auditorium.
Present: Mayor Brady, Council Members
Kiuesner, Kiing, Nicholson, Vcetberg, City
Manager W. Kenneth Gearhart, Cotporation
Counsel Bsny A. L~ndahl.
Absent: Council Members Deich, Pratt.
Mayor Brady read the call and stated
this is the Regular Monthly Meeting of the
City Council called for the purpose to act
UpOn such business which may properly
come before the Council.
Invocation was given by Rev. George
Banman, Pastor of Holy Trinity Lutheran
Ch~ch.
PROCLAMATION: Week of Februa~
17-23 aa "National Engineers' Week"
~eceived by Ken Buesing.
address the Council if they so desire.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas--Mayor
Brady, Council Members Kiuesner, Kricg,
Nicholson, Voetberg. Nays--None.
Absent--Council Members Deich, Pratt.
Proof of Pubficafion certified to by the
Publisher on Notice to consider vacating
ixmlon of Ruth Sts~et from King Street to its
southerly terminus and disposing of said
property to Wm. P. & Zulda $. Meyers and
Thomas D. Welu, presented and ~eaR. There
were no objectons received and no oral
objectors l~eannt at the time of the Hearing.
Council Member Klncsner moved that the
proof of publication be received ~nd filed.
Seconded by Council Member Vo~tberg.
Carried by the following vote: Yeaa---Mayor
Brady, Council Members Kiuesner, Krleg,
Nicholson, Voetberg. Nays--None.
Abrent---Council Mcmbess Deich, Pratt.
An Ordinance Vacating a portion of Ruth
Stseet from King Slreet to its southerly
terminus to be known aa Lot B and Lot C in
King's Grove Addition, said Ordinance
having been pre,anted and read at the
Council heeling of February 4, 1991,
presented for final action.
(OffICIAL PUBLICATION)
ORDINANCE NO. 10-91
ORDINANCE VACATING A POR-
TION OF RUTH STREET FROM ,
KING STREET TO ITS
SOUTtlERLY TERMINUS
Whereas, Thonms D. Welu has requested
the vacating of a portion of Ruth Street from
King Sheet to its southerly terminus; and
Whereas, Wallace, Holland, Kastler,
Schmitz and Company, Dubuque, Iowa, has
prepared and submitted to the City Council
a plat showing the vacated portion of Ruth
Street and assigned lot numbers thereof,
wideh hereinafter shall be known and
described as Lot B and Lot C in King's
Grove Addition in the City of Dubuque,
Dubuque, County, low~; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this
po~ion of Ruth Street is no longer required
for public use, and vacating of said portion
of Ruth S~eet known as Lot B and Lot C in
King's Gwve Addition in the City of
Dubuque~ Dubuque County, Iowa, should be
approved.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the real estate described
as Lot B and Lot C in King's Grove Addi-
tion in the City of Dubuque, Iowa, be and
the same is hereby vncated.
Passed, approved and adopted this 18th
day of FebrualT, 1991.
Jarr~s ~. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Puhished officially in the Telegraph
Herald this 25th day of February, 1991.
Mary A. Davis
City Clerk It 2/25
Regular Session,
Council Member Klueanez moved final
adoption of tho Ordinance, Seconded by
Council Member V~etherg. Caffind by the
following vote: Yeas~Mayor Brady,
Council Members Kiuesuer, Kting,
Nicbolson, Vuntberg. Nays--None.
Abnsnt--Cconcil Members Dnich, Pratt
RESOLUTION NO. 55-91
Whereas, pursuant to resolution and
published notice of time and place of
homing, published in the Telegraph Herald,
a newspaper of general circulation published
in the City of Dubuque, lowa on lSth day of
Fubrua~, 1991, tho City Council of the City
of Dubuque, Iowa met on the 18th day of
Fnimuuy, 1991, at 7:30 p.m. in thc Public
Lib'my Auditorium, llth and Locust
Dubuque, Dubuque County, Iowa to consider
the proposal fee the sala of ~ estate
described as:
Lot B in King's Grove Addition'in the
City of Dubuque, Iowa to William P. and
Zalda J. Meyers, and Lot C in King's
Grove Addition in the City of Dubuque to
Thornns D. Walu; and
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objec-
lions, ~ or written, to the proposal to
dispose of interest of the City of Dubuque,
Iowa in the hcrninabove described real estate
to William P. and Znida $. Meyera, and
Thomas D. Walu.
NOW, TI~REFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
S~ilon 1. That the disposal of the interest
of the City of Dubuque, Dubuque County,
iowa in real property described as Lot B in
King's Grove Addlllun in the City of
Dubuque, Iowa to William p. and Zelda $.
Meyers, be and the sun~ is hereby approved
for the sum of $12.5.00, plus one-half of
publication and filing fees, Lot C in King's
Grove Addition in the City of Dubuque to
Thomas D. Welu be and the same is hereby
approved for the sum of $125.00, plus one-
half of publication and filing lees;
conveyance shall be by Quit Claim Deed.
St'dion 2. That the Mayor be authorized
and directed to execute a Quit Claim Deed,
and the City Clerk be and is hereby antho*
rized and directed to deliver said deed of
conveyance to the above named g~antens
upon receipt of the purchase price in full.
February 18, 1991 57
Section 3. That the City Clerk be and is
hereby authorized and directed to record a
cetlified copy of this resolution in the office
of the City Assessor, Dubuque County
Recorder and the Dubuque County Treasurer.
Passed, approved and adopted this lgth
day of Febma~, 1991.
James E. Brady
Mayor
Attest:
Mm'y A. Davis
City Clerk
Council Member Kiuesner moved adop-
tion of the Resolution. Seconded by Council
Membe~ Vcetherg. Carried by the following
vota: Ye~--Mayor Bnaly, Council Members
Kiuesner, Krlng, Nicholson, Voetherg.
Nays=-Noue. Ab~ent---Council Members
Deich, Pratt.
Proof of Pubiictaion certified to by tho
Publisher on Notice of Hearing on Plans and
Specifications for the Construction of Ice
Hailx~ Plaza, presented and read. There
we~ no objections nw.:eived and no oral
objectors present at the time of the Hearing.
Council Member Vcotberg moved that the
proof of publication be received and filed.
Seconded by Council Member Nicholson.
Catrled by the following vote: Yeas--Mayor
Brndy, Council Members Kinesner, l~ng,
Nicholson, Voetberg. Nays--None.
Absunt---Couacfl Members Duich, Pratt
RESOLUTION NO. $6-91
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 30th day of lanuasy,
1991, plans, specifications, form of contract
and nstimeted cost we~ filed with thc City
Clerk of Dubuque, Iowa fee the Construction
of Ice Harbor Plan~.
Whereas, notice of hearing on plans,
specifications, form of contract, and
estimated cost was published as requiled by
law.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the said plans, specifications, form
of co~tract and estimated cost m-e hereby
approved as the plans, specifications, form of
contract and estimated cc~t for said
~mprovemeuts for said project.
Passed, adopted and approved this 18th
day of Febmasy, 1991.
Regular Session, February 18, 1991
Jarc~s E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Membe~ Voetberg moved adop-
tion of the Rezolution. Seconded by Council
Mambo' Nicholson. Carried by the following
vote: Yeas---Inlayer Bredy, Council Members
Kluesner, Kalng, Nicholson, Voetbe~g.
Nays---Noun. Ab~unt--Council Members
Delch, Pratt
Proof of Publication certified ~o by the
pubiishex on Notice to Bidders of the
Receipt of Bids for the tnoject and
communication of City Manager ~w~n-
,mending to award contract for the project,
presented and ~d. Council Member
Voetberg moved that the proof of publication
and ceo~municalion be received and filed.
Seconded by Council Member Nichoiton.
Carried by the following vete: Ye~--Mayor
Brady, Council Members Riunsner, Krieg,
Nicholson, Voetburg. Nays--None.
Absent-Council Members Ddich, Pratt.
RESOLUTION NO. 57-91
AWARDING CONTRACT
Whereas, sealed proposals have b~n
submitted by contractors for the Icc Harbor
Plaza Development pursuant to Resolution
No. 43-91 and notice to bidders pob]ishnd in
a newspaper pobllshnd in the City of
Dubuque, lowa on tha 8th day of February,
1991,
Whereas, said sealed proposals were
opened and ~ co the 13di day of
Febouuy, 1991 and it has been determined
that the Md,of River City Paving Company
of Kieler, Wisconsin in thc amount of
$241,353.55 was the lowest bid for thc
furnishings of aR labor and materials and
po~forning the work as provided for in the
plans and specifications.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to Rivex City
Paving C~npany and thc Manager be and is
bemby directed to execute a contract on
behalf of the City of Dubuque for the
convinte performance of the work.
BE IT FURTHER RESOLVED: That
up~m the signing of said contract and the
approval of the ccaltractor's bund, the City
Treasurer is authorized and instructed to
return the bid deposits of the unsuccessful
bidders,
Passed, approved and adopted this 18th
day of February, 1991.
Jarms E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Veetberg moved adoW
tion of thn Resolution. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas--Mayor Brady, Council Members
Kluesner, Vaing, Nicholson, Voetberg.
Nays--None. Absent~ouncil Members
Deich, Pratt
Communication of City Manager zequest-
ing to set a public hearing on thc lease with
Roberts River Rides (RRR) on Monday,
March 4, 1991, p~suntnd and read. Council
Member Voetberg moved that the
communication be x~r. cbived and filed and
Pubtlc Heating be set fee March 4th at 7:30
p.m. in the Public Librazy Auditt¥cium and
that the City Clerk publish notice in the
manner prescribed by law. Seconded by
Council Member Nicholson. Can'ied by thu
following vote: Yeas--Mayor Brady,
Council Members Kluesner, Krieg,
Nicholson, Voetberg. Nays--None.
Absent--Council Members Deich, Pratt
Communictaion of City Manager request-
ing to conduct a public hearing on February
28, 1991 regarding issuance of $2,500.000
General Obligation Bonds, presented and
rca& Council Member Voetberg moved that
the oommubication be tef.~eived and filed.
Seconded by Council Member Nicholsun.
Canled by the following vete: Yens--Mayor
Brady, Council Members Kiuesuer, Krleg,
Nicholson, Voetberg. Nays--None.
Absent--Council Members Deinh, Pratt
RESOLUTION NO. S8-91
RESOLUTION FIXING DATE FOR
A MEETING ON THE PROPOSI-
TION OF THE ISSUANCE OF
$2,500,000 GENERAL OBLIGATION
BONDS (FOR AN ESSENTIAL
CORPORATE PURPOSE) OF
DUBUQUE, IOWA, AND PRO-
VIDING FOR PUBLICATION OF
NOTICE THEREOF
Whereas, it is deemed necessary and
advisable that the City of Dubuque, Iowa,
should issue General Obilgalion Bonds to the
amount of $2,~00,000, ns authorized by
Regular Session,
Section 384.2.5, of the Ciiy Cede of Iowa,
for the pu~orz of providing funds to pay
couts of carrying out an es~entian cnepo~te
porpo~o project as hereinafter descsibe~t; and
W~. before ~d honde may be
issued, it is necessary to con~ly with the
provianous of said Co~, and to publish a
notice of the propneni to issue such bonds
and of ~he time and place of the meetlng at
which the Council proposes to take action
for the issuance of the hoods and to rec~vc
e~ and/or written ebjactlons from any
tusident or propex, ty owner of sand City to
such netion;
NOW, THE~RE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Se~lon 1. That this Council meet in the
Public Library Auditorium~ Dubuque, Iowa,
at 7:30 o'clock p.m., on thc 28th day of
Fetruavy. 1991. for the purpose of taking
action on the matte~- of the issuance of
$2,500,000 General Obligation Bonds for an
essential corp~ate purpose of said City, the
proceeds of which bonds will be u~ed to
provide funds to pay costs of the construc-
tion, reconstruction, extension, improvement,
and equipping of works and facilities useful
for the c~ollnetion and disposal of surface
waters and sUemm; the construction, recon-
striation and repair of street improvements,
sidewalks, bridges and related items; the
acquisition, installation, and repair of traffic
control devices and signals; and the recon-
struetion, extensiou, and tn~arovement of the
existing an~port-
S~tio,] 2. That th~ Clerk is hereby
directed to cause at least oue publication to
be made of a notice of sand meeting, in a
legal newspaper, printed wholly in the
English language, poblished at least once
weekly, and having general circulation in
sand City, said pubilca~on to be not less than
fot~ clear days nor more than lwenty days
,before the.date of said public meeting on the
~ssuance of said bonds,
Sactlon 3. The notice of the proposed
action to issue said bonds shall be in
suhatentiaEy the following form:
NOTICE OF IvlEETING OF THE
COUNCIL OF THE CITY OF DUBUQUE,
IOWA, ON THE MAT'fER OF THE
PROPOSED ISSUANCE OF $2,500,000
GENERAL OBLIGATION BONDS (FOR
AN ESSENTIAL CORPORATE PURPOSE)
OF SAID CITY, AND THE HEARING ON
THE ISSUANCE THEREOF
February 18, 1991 59
PUBLIC NOTICE is hereby given that
the Council of the City of Dubuque, iowa,
will ho~d a public hearing on the 28th day of
Fein~uy, 1991, at 7:30 o'clock p.m., in the
Public Library Auditorium, Dubuque, Iowa,
at which meeting the Co, ncO proposes to
take nddilion~ action for the issuance of
$2,.~00,000 Generan Obilgatiou Bonds for an
esscetiul corporate ~ of said City, in
ord~ to provide funds to pay costs of the
con~tru0ilon, ~econst~uotion, extension,
improvemout, and equipping of works and
facilities useful for the coilecilon and
disposal of surface waters and streams; the
construction, reconstruction and repair of
street improvements, sidewalks, bridges and
relate~ items; the acquisition, installation,
and repair of traffic control devices and
signals; and the reconstruction, extension,
and i~vement of the existing ahport
At the above meeting the Council shall
receive 0ral or written objections f~m any
resident or propariy owner of said City, to
the above actiou. After all objections have
been received and considered, the Council
will at this meeting or at any adjournment
thereof, take additional action for the
issuance of said bonds cc will abandon the
proposal to issue said bonds.
This nolice is given by order of the
Council of Dubuque, Iowa, as provided by
Section 384.:25 of the City Code of low~.
Datnd this 21st day of February, 1991.
Mazy A. Davis
City Clerk of Dubuque, Iowa
(End of No~ice)
Passed and approvnd this 18th day of
Pebrumy, 1991.
James B. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Memhor Vouthe~g movnd adop-
tion of thc Resolution setting the Public
Heating for Febnmry 28, 1991 at 7:30 p.m.
in the Public Lllm~y Auditorium and that the
City Clerk publish nolice in the manner
preacribed by law. Seconded by Council
Member Nicholson. Carried by the following
vote: Yens--Mayor Br',uly, Council Membe~
Kiuesn~, Kiieg, Nichoison, Vnetberg.
Nays--None. Absent---Council Members
Deich, Pra~
Regular Session, February 18, 1991
Bourde/Commlseions Appointments
Plumbing Board: One three year term
which will expire 11-2-92 (Term of C.
Wlight: Must have Bachelor of Science
Degree); Two th~e-yenr terms which will
expi~ 11-2~93 (Terms of J. Danner & M.
Steve - Must ho Maste~ Plumbers). Appli-
cants: No applicants with Bachelor of
Science Dngrho$; Master Plumber Apl~i-
c~ts: ]oseph A. Danner III, 2713 Shetland
Com~ Verner C,-eor~e Miner, 10186 Milltety
Rend; Mike Steve, 1105 Kane St.; Al
Bracket, 1910 Asbu~y. Verner Miner spoke
requesting ~ntmenc
Veto on the appointments was as follows:
Mayor Brady voted for Bracket & Miner.
Council Member Deich abren~ Council
Member Kinesner voted for Bracket and
Dacner. Council Member Kfiag voted for
Bracket and Miner. Council Member
Nicholson voted for Bracket and Miner.
Council Member V~tberg voted for Bracket
and Daouer.
The~fore, it Was resolved that Vetoer
Miner and Al Bracket be app~nted as
Master Plumho~s for the terms which will
expire November 2~ 1993.
Communication of City Manager ~quest-
lng approval of an application by Dubuque
Hooulng Initiative to the Iowa Finance
Authority fcc development of affordable
houzinli, presented and read~ Council
Memhe~ Voethorg moved that the communi-
cation be received and i'fled. Seconded by
Council Member Nicholsou, Carried by the
following vote: Yeas--Mayor Brady, Coun-
ull Members Kiuesner, Kring, Nichelsou,
Voethet~. Nays--None. Absent~ouncll
Members Deich~ Pratt,
RI~OLUTION NO. 59-91
A RESOLUTION SUPPORTING
APPLICATION OF DUBUQUE
HOUSING INITIATIVE FOR
FUNDING UNDER THE IOWA
FINANCE AUTHORITY'S HOUSING
ASSISTANCE FUND PROORAM
Whereas, the City of Dubuque recognizes
the continuing unmet need for provision of
affordable housing; and
Whereas, th~ Iowa Finance Authority has
made available funds to assist cities, private
and non-profit devanopers to create additional
affordable housing; and
Whereas, Duboque Housing Inilialive has
approached the City with a proposal to c~v. ate
16 units of affordable family housing, and
has asked that the City he the local housing
sponsor of a proposan for funding to the
lowa Finance Authority.
. NOW, THERN~FORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Se~lon 1. That the City of Dubuque as
the local homing sponsor hereby officially
expresses support for the Dubuque Housing
Initiative's application to ~ Iowa Finance
Authority for low-income housing develop-
ment assistance.
Se~lon 2. That the City Clerk is horcby
authorized and directed to transmit a certified
copy of ~his Resolution to the Iowa Finance
Authority on behalf of thc City of Dubuque,
Iowa.
Passed, approved and adopted this 18th
day of Peb~uary, 1991.
James~Brady
M~or
Attest:
Ma~y A. Davis
City Clerk
Council Member Vccthorg moved adop-
tion of the Resoluilon. Seconded by Council
Member Nicholsou. Carded by the following
vote: Yeas--Mayor Brady, Council Members
Kluesner, Kring, Nichoisoa, Vcetberg.
Nays--None, Ab~ent--~ouncil Members
Danch, Pratt.
RESOLUTION NO, 60-91
Whereas, Applications for Beer Permits
have been submitted and filed to this Council
for approval and the sarr~ have been exam-
innd and approced; and
Whereas. The premises to be occuplnd by
such applicants were inspected and found to
con~ly with the Ordinances of this City and
have fried proper bonds.
NOW, THEREFORE, BE IT RESOLVED
by th~ City Council of thc City of Dubuque,
Iowa, that the Manager ho authorized to
cause to be issued the following named
applicants a Beer Permit.
CLASS "B" BEER PERMIT
George Stephonson, Bunker Hill Golf
Shop, Sunday Sales, Bunker H~I
Kids World Pizza Place & Fun Center,
Sunday Sales, 3033 Asbury
Regular Session, February 18, 1991
61
CLASS 'C" BEER PERMIT
Lnc W, Peter, Sr., West Locust Matt,
Sunday Sales, 408 W. Locust
Passed, alvi~ved and adopted this 18th
day of February, 1991.
Sun,s F~ Brady
A~tost: Mayor
Mary A. Davis
City Clerk
Council Member Riuesner moved adop.
tion of the Resolution. Seconded by Council
Member Nichulson. Careled by thc following
vote: Yeus--Mayor Brady, Council Membun
Kluesner, Krlng, Nicholsun, Voctberg.
Nays--Noue. Absent---Council Members
Deich, Pratt
RESOLUTION NO, 61-91
Whereas, applications for Liquor Licenses
have been submitted to this Council for
approval and the san~ have been examined
and approved; and
Whereas, fl:e premises to be occulted by
such applicants were inspected and found to
oumply with the State Law and all City
Orddnunces relevant thereto and they have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the Manager be authesized to cause
to be issued the following named applicants
a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Town Clock Inn, Inc., Town Clock Inn,
799 Town Clock Plaza
The Apartment, Ltd., Dubuque Mining
Co., Sunday Sales, Kennedy Mall
Joyce A.Lorenz, Ye Old Brunswick
3203 Sacks~m
CLASS "E" LIQUOR LICENSE
Dennis A. Althans, Family Beverage
Center, 3400 Ccntral
Nush Hnch Company, Econo Focds #471,
3355 I.F.K
Passed, approved and adopted this 18th
day of Febmesy, 1991.
James E. Brady
Attest: Mayor
Mmy A. Davis
City Clerk
Council Member glnesner moved adop-
tlon of the Resolution. Seconded by Council
Membes Nichulaon. Canied by the following
vote: Yees--Mayor Brady, Council Members
Kinesnc~, Faing, Nicholaoo, Vuntborg.
Nays--Noue. Al~unt--Council Members
Deich, Pratt.
Printed Council Prnceedings for month of
April, 1990, l~sented and read. Council
Memhe~ Voetberg moved that the proceed-
ings be approved as printed. Seconded by
Council Member Nichclson. Carded by the
following vou~: Ye~s~Mayor Brady, Coun-
cil Members Kluesncr, Krleg, Nicholsou,
Voetl~g. Nays--None. Absent--Council
Members Deich, Pratt
MINUTES SUBMITTED - AL, port Com-
mission of 1-8-91; Cable Community
Teleprngesmming Commissiou of 2-5-91;
Historic Preservallou Commissiou of 1-23-
91; Housing Cede Appeals Board of 1-24-
91; Housing Commission of 1-8-91; Horrmu
Rights Commission of 12-10.90; Library
Board of Trustees of 1-24-91; Park &
Recreation Commission of 1-8-91; Transit
Trustee Beard of 1-10-91; Keyline's
Comparative Earnings Statement for 2ed
quarter of Fy'91; Zoning Board of
Adjustment of 11-29-90, 12-6-90, 12-17-90;
Zoning Commission of 8-1-90, 9-5-90, 10-3-
90, 10-29-90, 11-7-90 & 12-5-90, presented
and rend. Council Member Voetberg moved
that the minutes be received and filed.
Seconded by Council Member Nicholson.
Canled by the following vote: Yeas--Mayor
Brady, Council Members Kinesncr, Krleg,
Nicholson, Voctberg. Nays~None.
Absent--Council Members Deich, Pratt
NOTICES OF CLAIMS/SUITS . Julie
Anne Arthothr in estimated amount of
$1,427.44 for car damages; James Bauorly in
the amotmt of $180.00 for properly damages;
Kenneth Cashman in the amount of
$3,000.00 for personal injuries; Kelly Clancy
in unknown amount for personal injuries;
Goliath, Inc. in unknown amount for
estimated amount of $1113.75 for vehicle
damage.s; Michael M. Metealf in unknown
amount for personal losses; Frank Miller in
amount of $200.78 for backed up sewer
damages; Donna Schineter in unknown
amount for personal injuries; Ray Streb in
amount of $115.29 for vehicle damages,
presented and read. Council Member
Regular Session, February 18, 1991
Vuntherg moved that the claims and suils be
~fen~d to lhe Legal Staff fcc investigation
and report. Seconded by Council Member
Nicholmn. Canied by the following vote:
yees--Mayc~ Brady, Council Members
Kinesne~, Kring, Nicholson, Voetberg.
Nays---Noun. Aheunt--Council Members
De,ch, Prett
Communications of Cozporefion Counsel
advising of refenals of following clalrm to
Alessis, Inc., the agent for the Iowa
Community Ass~ Pool: Pe~sounl injury
claim of Merwin Brandenburg; Personal
injmY claim of Alice R. Ranson; Car
Damage claim of Dolores M. Reynolds; Car
damage claim of Margaret V. Schial;
pessoual injury claim of Margaret Walton,
pre~nted and ~ Council Member
Vuntherg moved that the commoulcations be
received and filed. Seconded by Council
Member Nicholson. Carried by the following
vote: Y~Mayor Brady, Council Members
Klncsnc~, Kring, Nicholson, Voctberg.
Nays--None. Absent---Council Members
Deich, Pratt
Communication of Corporation Counsel
~ce~nthng dalai of property damage
claim of Carl L. Chalder, presented and read.
Council Member Vuntberg moved that the
corrh-unninedon be received and filed and
recommendation approved. Seconded by
Council Member Nicholson. Carried by the
following vote: Yee. s--Mayor Brady,
Council Members Kluesner, Krleg,
Nicholson, Voetberg. Nays--None.
Absent---Council Members Deich, Pratt.
REFUNDS REQUESTED - The Cate~rs,
$633.75 on unexpired Liquor License; R. B.
VunGesdon, $18.75 oo unexpired Beer
Pem~it, presented and read. Council Member
Voetberg moved that the refunds be
approved and the Finance Director to issue
the proper checks. Seconded by Council
Member Nicholson. C~crried by the following
vote: Yeas--Mayor Brady, Council Members
Kinesncr, Kfing, Nicholson, Voetberg.
Nays--Nonc. Aheent--Councll Members
Dalch, Pratt.
Proofs of Publication on Notice of Filing
of the Final Plat and Schedule of Assess-
ments against Benefitted propenins for the
Construction of 1989 P.C. Concrete Paving
Project with the City of Dubuque; List of
Claims for month ending December 31,
1990, presented and read. Council Member
Vootberg moved that the proofs of publi-
cation be received end filed. Seconded by
Council Member Nichoison. Carried by the
following vo~c: Yeas--Mayor Brady,
Council Members Kluesner, Kring,
Nicholson, Voetbcrg. Nays--None.
Absent---Council Members Deich, Pratt.
Communication of Michael L Kiclty
submitting his resignation as a member of
tho Zoning Board of Adjustment effncilve
April 1, 1991, presented and rend. Council
Member Voetberg moved that the communi-
cation be received and filed and resignation
accepted with ~gret. Seconded by Council
Member Nichulson. Cmied by the following
vote: Yeas---Meyer Brady, Council Members
Klunsncr, Kfing, Nicholson, Voctherg,
Nays--None. Abeent--Councll Members
Dnich, Pra~
Communication of City Manager recom-
mending acceptance of Dodge Street at the
Northwest Arterial Traffic Signal Improve-
ments and Intersection Lighting, presen~d
and ~ead. Council Member Voctberg moved
that the communication be received and
filed. Seconded by Council Member
Ninholson. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Kluesner, Kring, Nicholson, Voetherg.
Nays--None. Absent~ouncil Members
Deich, Pratt.
RESOLUTION NO. 62-91
ACCEPTING IMPROVEMENT
Whereas, the con~act for the Northwest
Arterial Traffic Signal Improvement~ and
Intersection Lighting has been completed and
the City Manager has examinad the work
and filed his certificate stating that the same
has been completed according to the ~erms
Of the contract, plans and specifications and
recommends its acceptance.
NOW, THERFJ~ORE, BE IT RESOLVED
BY TIlE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Se~ion L That the ~commendation of
the City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the
City T~ea~u~r be and he is hereby dlrect~l
to pay to the contractor from the street
construction fund in an~unt equal ~o the
amount of h~s contract, less any retained
percentage provided for therein.
Passed, approved and adopted this 18th
day of February, 1991.
James E. Brady
Mayor
Attest:
Mmy A. Davis
City Clerk
Regular Session, February 18, 1991
63
Council Meml~ Vontbe~ moved adop-
tion of the ResoluSon. Seconded by Council
Memhe~ Nicbolson. Canied by the following
yom: Yeas---Mal~r Brady, Council Members
Klu~sn~, Kring, Nichoison, Voetberg.
Nays--None. Al~annt---Council Members
Ddich, Pratt.
RESOLUTION NO. 63-91
FINAL ESTIMATE
Whare~s, the contract for the N~c, hwest
A~efiul Traffic Signal Improvements and
Intersection Lighting has been completed and
the City Engineer has subn~tted his final
estimate showing the c~t thereof including
tho cost of estimates, notices and inspection
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section L That the cost of said improve-
ment is hereby determined to be $66,958.22
and the said amount shall be paid from the
street consunction fund of thc City of
Duhnquc, lows.
Passed, approved and edopted this 18th
day of Febmm'y, 1991.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Mamhet Voetberg moved adc~-
tion of the Resolution. Snconded by Council
Member Nicholson. Carried by thc following
vote: Yeas--Mayor Brady, Council Members
Kluesner, IG-ing, Nicholson, Voetberg.
Nays--None. Absunt---Council Members
Deich, PratC
Communication of City Manager request-
ing approval of the 1991 applications for
residential property tax exemptions filed in
nccc0cdance with tho Dubuque Udian Revitel-
iza~on Pengram, presented and ~ad. Council
Mambo' Voctberg moved that the communi-
cation be te~ulvcd and filed. Seconded by
Council Member Nicholann. Can*led by the
following vote: Yeas~Mayor B~ady, Coun-
cil Memhars Kluesncr, Kdeg, Nichoison,
Voetberg. Nays--None. Absent--Conncil
Mcmhnrs Duich. Pratt.
RESOLUTION NO. ~4-91
RESOLUTION AUTHORIZING
RESIDENTIAL PROPERTY TAX
EXEMPTION APPLICATIONS
SUBMITTED BY PROPERTY
OWNERS IN THE CATHEDRAL,
JACKSON PARK, SACRED HEART,
WASHINGTON STREET, WEST
I1TH STREET, AND WINDSOR
PARK URBAN REVITALIZATION
AREAS, AND AUTHORIZING THE
TRANSMITTAL OF THE
APPROVED APPLICATIONS TO
THE CITY TAX ASSESSOR
Whereas, the Urban Revindizafion Act, aa
one,ted by the 68th General Assembly of the
State of Iowa, allows citie~ to give property
tax exemptions for improvements finale to
properties in designated revitalization areas;
and
Whereas, the Urban Revitalization Act
ruquires property owners to subr~t a written
application for exemption by Februnry Ist of
tho assessment year for which thc exemption
is first claimed, and further requires the City
Council to approve ail applications that meet
th~ requi~ments of tho adopted Urban
Revitalization Plan and forward the approved
applications to thc City Assessor for review
by March 1 of each year;, and
Whereas, pursuant to the requlremeats of
said Urban Revitalization Act, the following
Urban Revitalization Areas were established:
Cathedral (Ordinance 57-90), Jackson Park
(Ordinance 74-80), Sscred Heaxt (Otd~ncnce
43-90), Washington Street (Ordinance 40-
81), West ] lth S~eet (Ordinance 15-81), and
Windsor Park (Ordinance 296-89); and
Whereas, the City Cie~k of the City of
Dulmqnc as of February 1, 1991, re~seived
tax excn~fion applications from the
following property owners:
Maiers & Schmidt Apartments for
improvements at 1551 and 1571 Bluff Street;
Dennis and Gdil Nanghten for improve-
ments at 1631-33 Main Street;
Thom~ Frost for improvements at 1672
White S~ext;
Thomas and Chndenc Crall for imp~ve-
ments at 1182 Locust Street;
John and Cheryl Whulea for irnprove-
ments at 1203 Grovc Terrace;
Loras Dunn for improvements at 480
Arlington;
Gaxy and Betsy O'Ro~ke for improve~
merits at 482 Loraa Blvd.;
64 Regular Session, February 18, 1991
Mask A. Fulderman for improvements at
1251 Walnut Street;
Gil and Becky Sponee for imF~ovemonts
at 975 Cnove Ten'ace;
Cathedral Gardens Development Corpr~-
;ion for improvements at 469 Emmett;
Windsor P~uk Re~ement Center for
improvements at 801 Davis at Windsor;,
2217 Queen Street; and
Wbel~s, the Community and Economic
Development Department and the Housing
Sorvines Division have reviewed the above
descfihnd applications and inspected the pro-
po~ias, and have detemlned that the
applications and the improvements conform
to all ~uquiron~nts of the City of Dubuque's
Urban Revi~lization Plan.
NOW, TI~REFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Sncflo~ 1. That thc above described tax
exemption applications meet thc require-
ments of the City of Dubuque's Urban
Revitalization Plan.
Se~lon 2. That the above described tax
exemption applications are hereby alYgroved
by the City Council, subject to the review
and approval of the City Assessor.
Se~lon 3. That the City Clerk of the City
of Dubuque is beseby authorized to forward
the above de~cfibed tax exempfien applica-
tions to tho City Assessor.
Passed, approved and adopted this 18th
day of February, 1991.
Jam~s E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetherg moved adep-
lion of the Resolution. Seconded by Council
Member Nicholsen. Carried by the following
vote: Yeas---Mayor Brady, Council Memb~s
Kluesnc~, l~ing, Nichoison, Voetberg.
Nays---None. Al~cnt---Council Members
Doich, PraU.
Communication of Swiss Valley Farms,
Co., submi~ng their audit repr~ for thc
fiscal year ending September 30, 1990,
~nted and ~ad. Council Member
Veetberg moved that thc eommudicndon and
~epon be received and filed. Seconded by
CouncO Member Nicholson. Carried by the
following vo~: Yeas--Mayor Brady, Coun-
cil Memhnra Klnceaer, Kfing, Nicbolson,
Voetberg. Nays--None. Abseat--Council
Members Dcich. Pra~
Petition of Jack and Mary l~iilcr
requesting the vacation of a "30 foot wide
alley on the southern edge of Lot 2-1-26 of
Levi's Addition in the City from the fight-of-
way of Valley Street easgrly appmx. 130
feet to the easterly fight-of-way line of an,
alley moning northwesterly between Lot 2-1-
26 and Lot 2-25 in said Levi's Addition",
presented and read. Council Member
Vuntberg moved that the~ petition be refcned
to City Manager for investigation and report.
Seconded by Council I~mber Nicholson.
Carried by the following vote: Yeas--Mayor
Brady, Council Members Klnesner, Kfieg,
Nicholson, Voetberg. Nays--None.
Absent--Council Memhers Duich, PratL
7:55 p.m. Council Mcmbgr Voetherg
moved to go into Closed Session In
accordance with Chapter 21,5 l(c) 1989
Cade of Iowa, ss amended, to discuss
strategy with counsel in matts~ where
litigatio0 is imn~nent where its disclosure
would be likely to prejudice or disadvantage
the position of the governmental body in this
litigation. Seconded by Council Member
IG-ieg. Carsied by the following vote:
Yeas~Mayor Brady, Council Members
Kinesnc~, Kring, Nicholson, Voetberg.
Nays--None. Absent---Conncil Members
Deich, Pratt.
8:20 p.m. Council re. convened.
Thga-e being no further business, Council
Member Voethnrg moved to adjourn the
meeting. Seconded by Council Member
Nicholson. Carried by the foilowing vote:
Yeas--Mayor Brady, CounciI Memhers
Kluesner, Kfieg, Nicholson, Voetberg.
Nays--None. Absent--Council Members
Duich, Prate
Regular Session, February 18, 1991
adjmm~:l at 8:21 p.m.
Mary A. Davis
Cledc
Adopted __ 1991.
Council Members
Atteat:
65
66
Special Session, February 28, 1991
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Special Session, February 28, 1991
Council Met at 7:30 p.m., Public IJbrary
Auditorium.
Present: Mayor Brady, Council Members
De. ich, Klunmer, Krleg, Nicholson, Pratt,
Voetberg, City Manager W. Kenneth
Gearhart, Corporation Counsel Barry A.
Liedaid,
Mayor Brady read the call and stated this
is a Special Session of the City Council
called for the purpose to conduct a Public
Hearing on thc Fiscal Year 1992 Budget and
Supporting Documents.
Proof of Publication certified to by the
Publishe~ on Notice of Public Hearing on
Budget Eslimate for Fiscal Year 1992 bog/n-
n~ng July 1, 1991; Proof of Publication
ceflified tO by the Publisher on Notice of
Publio Hearing for the purpose of obtaining
the view of residents of the City c~ cem-
mur~ty development and housing needs;
Proof of Publication certified to by the
Publisher on Notice of public hearing on the
five year Capital ln~rovement Program
coveriog the fiscal year beginning July 1,
1991 through the fiscal year beginning July
1, 1996, presented and read. Council
Member Pratt moved that the proofs of
publication be rec~rived and filed. Seconded
by Council Member Krlog. Ca,vied by the
foBowing vote: Yeas--Mayor Brady,
Council Members De/ch, Kluesner, Kfieg,
Nichulson, Pratt, Voetberg. Nays--None.
Petitions and letters totaling appro~d-
nmtely 573 signatures mqtleSting curbside
~cycling beginning inumdintely rather than
starting as a "pilot p~ject" as reconunended;
Communication of Dean and Pauicia Millius
and a petition containing approximately 220
signatures objecting to proposed bicycle/
biking trail along the cl~ek behind houses on
St. Celia, Wiune Ct., Keymeer, Keystone,
Grant/Ellen, Lagen~Clifford and Creston
Streets as proposed in the CIP budget;
Petition of Dubuque County Histoficul
Society requesting the sum of $35,460
towards the coropletion of the tourism
portion of the new Iowa Welcome Center,
Petition containing 42 signatures xequestlng
un increase ia staff in the Children's DopL
for the l.lbrm'y, presented and read. Council
Member PraR moved that the commmdca-
tions and petitions be received and filed.
Seconded by Council Member Kring. Carried
by the following vote: Yeas--Mayor Brady,
Council Members Delch, Kiuesner, Kring,
Nicholson, Pratt, Voetber8, Nays--None.
Council Member Kluesn~c moved that the
rules be suspended to allow anyone present
to address the Council. Seconded by Council
Membo' Pratt Carried by the following vote:
Yeas--Mayor Brady, Council Members
De/ch, Kluesner, Kring, Nicholson, Pratt,
Voetberg. Nays~None.
POLICE DEPARTMENT: Council
Member De/ch moved to strike from the
police Department budget the amount of
$43,825 for purchase of new pistols within
the depalxment. Seconded by Council
Member Nichoison. Vote on the motion was
as follows: Yeas~Coune/l Member De/ch.
Nays~Mayor Brady, Council Members
Kluesner, Krieg, Nicholaon, Pratt, Voetberg.
Motion failed 1-6.
LEISURE SERVICES DEPARTMENT -
Park Division: David Eliason, 2201 St. Celia
St., opp~ed trail for "West End Park"
s~atlng narrow park strip near residences
creates trespassing and vandalism problems.
Lam'en Hershey, 1915 Grant, Vincent
Willinw$, 3965 Cmston St;, Shirley
Sheehand 3549 Keymeer objected to pro-
posed park, agreeing with Mr. Eliason.
Mayor Brady moved to drop the proposed
Wegt Side Park from the budget altogether.
Seconded by Council Member Klueaner.
Canind by the following vote: Yeas--Mayor
Brady, Council Members Deinh, Kluesncr,
Pratt, Voetberg. Nays--Council Member
Kliog, Ninholson.
LIBRARY DEPARTMENT: Lisa Ewall,
1020 Valentine, and Aogie Kinffer stressed
need for more staff in the Children's
Department.
Council Member Kfieg moved to add
$9,217 in funds to oreate FTE Library Aide
position in Children's Services. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas--Council Members
De/ch, Krleg, Nicholson, Pratt. Nays~Mayor
Brady, Council Members Kluesner,
Voetberg.
Special Session, February 28, 1991
67
PUBLIC WORKS DEPARTMENT: Paul
Schultz, 1008 Vic~xin, s~ssed need for
curb side recycling. Sc. oR Ditunar mentioned
newspapers, are biggest recycling problem.
Al Pulsean, 3515 Cre~ont Ridge, objected ~o
set fee for gasb~o pickup and questioned
inclusion of Creseunt Ridge on a SUnet
program.
Jerry Schrceder, 1541 Valentine, spoke in
favus of Kelly L~ne iml~rovemont.
CITY MANAGER'S OFFICE: Mayor
Bredy moved that it be resolved that
Decision 1 of 4 in the City Manager's Office
(providing fcc now position of Admlnis~
~rafivo Analyst) be delayed to Janunsy 1,
1992. Seconded by Council Member Deich.
Vote on the motion was as fcllows:
Yeas~Mayor Bxndy, Council Member
Deich. Nays-Council Members Kinesner,
Kriag, Nichulson, Pratt, Vuntberg. Motion
failed 2-5.
Council Member l~iag moved that
Decision 1 of 4 in thc City Manager's Office
(providing for now poziilon of Adminis-
Uativo AnalysO be delayed to October 1,
1991. Seconded by Council Member
Nichul~on. Canied by the following vote:
Yeas--Mayor Brady, Council biemb~s
Kinesner, Kdag, Nicholson, Pratt, Vnetberg.
Nays--Counuil Member Deich.
CITY CLERK'S OFHCE: Council
Member Kluesncr moved that the City
Clerk's muiaty be placed at the current GE-38
Step E. Seconded by Council Member Pratt.
Carried by thn foliowing vote: Yeus~Mayor
Bredy, Council Members Deich, Kluesner,
Kting, Nichulson, Pratt, Voetberg.
Nays--None.
LEGAL DEPARTMENT: Council
Member Kfiag moved that the Corporation
Counsd be placed at the GE-45 Step E plus
add un the insurance package. Seconded by
Council Member Kinasner. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Kluesnor, Kfieg,
Nic. hulson, Pratt, Voetberg. Nays---Council
Member Deich.
Council recessed at 9:17 p.m.
Council reconvened at 9:32 p.m.
PURCHASE OF SERVICES: Marian
Williams of RSVP requested additional 10%
and expressed appreciation of any help. Mike
Stoimeyer, Labor Managenmnt Reinllons,
Mayor Brady moved to add $20,000 for
Labor Management (funding from ho~el/
motel revunue estimate, s) and City Manager
directed to include $14,000 for the next
yeas's bedget (1993) and $7,000 for the
following year (1994). Seconded by Council
Member Kluesner. Carried by the following
vote: Yuns --Mayor Brady, Council Members
Ddich, Kluesnor, Ksiag, Nichulson, Pratt,
Vnotberg. Nays---None,
Council Member Pratt moved to increase
funds of $400 to Helping Set~icus of
No~beaat Iowa; $2,500 to Foster Grand-
paint Program; $2,000 to RSVP Pmgrnm;
and $1,500 to Child Care Resources and
Refer~ Progran~ Seconded by Council
Member Nichulson. Carried by the following
vote: Yeas--Mayus Brady, Council Members
Duich, Kluasner, Kriag, Nicholson, Pratt,
Voetberg. Nays,--None.
Council Member Pratt moved to approve
in..ease of allocation of funds for Sister
Citrus from $500 to $2,000. Seconded by
Council Member Kriag. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Kriag,
Nichulsen, Pratt~ Voetherg; Nays---None.
Council Member Kriag moved to increase
allneatlon to Convunilon and Visi~x-s Bureau
from 34% to 50% based un past calendar
year actual ~eipts of hotel/motel tax, with
CVB to comply with prioritized list that was
submitted to Counoil earlier in the week.
Seconded by Council Member Pratt. Canied
by the following vote: Yeas---Mayor Brady,
Council Members Ih:ich, Klnesner, Kriag,
Nichulsen, Pratt, Vuntbe~g. Nays--None.
RESOLUTION NO. 6S-91
A RESOLUTION ADOPTING THE
ANNUAL BUDGET AS AMENDED
FOR THE FISCAL YEAR ENDING
JUNE 30, 1992
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the annunl budget as
amended for ~he fiscal year ending June 30,
1992, as set forth in thc Budget Summary
Certificate and in thc detailed budget in
suplx~t the~of showing the ~venue esll~
mates and approp~ation expenditures and
allocations to Programs and nctivifius for said
fiscal year is adopted, and the City Clerk is
directed to make the fiilnge reqdi~ed by law
and to set up tho books in accordance with
the sununm~ and details as adopted.
Special Session, February 28, 1991
passed, NYl~oved and adopted this 28th
day of Februa~, 1991.
Altezt:
Ms~ A. D~vis
CRy ~
Jarms E. Brady
Mayor
Council Member Pratt moved edopilun, as
~m~ed, of ~e Resolution. Seconded by
Cmmcll Memb~ Kriag. Carried by the
following vote: Yeas---Mayor Bredy,
Council Members Kluesner, Kring,
Nieholson, Pratt, Vnetberg. Nays---Conncil
Member l~ch.
RESOLUTION NO. 66-91
ADOPTION OF FIVE YEAR
CAPITAL IMPROVEMENT
PROGRAM
Whereas, n recommended five year
Capital In~0rovement Prngram for the period
beginning July l, 1991 and ending Juno ~0,
1996 for thc City of Dubuquc has beun
lmepared and submitted to the City Council;
and
Whereas, the five year Capital Improve-
meat Pro,rem: (1) desclibes specific capital
i~vcment projects; (2) Provides estimated
costs for those projects; (3) proposes sources
of funds for e.~h of them; and (4) schedules
tho year during which each pmjnet will bo
undertaken; and
Whe~ess, the capital invrovement pwjnets
for the lust year are included in the Fiscal
Yner 1992 budget for thc City of Dubuque;
and
Wbe~as, the five year Capital Improve-
ment Prognun will be xncunsidered annually
by the City Council and approl~intely
Whereas, the adoption of the five year
Capital Improvement Program is a prudent
measure to Provide continuity of programs
and is in the best interest of the City of
Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY TI~ CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
' Section 1. That the five year Capital
lmwovement Program for thc period
beginning July 1, 1991 as set out in the
Fiscal Yeas 1992.1996 Reconuunnded
Capital Improvement Bedge~ as amundsd is
he~by approved and adopted as the
proposed allocailon of the City resources for
capital improvements as scheduled in the
ye.~s shown, subject to annual review and
revision.
Passed, N~'oved and adopted this 28th
day of February. 1991.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Pratt moved adoption, ~
amended, of the Rasolndon. Seconded by
Council Member Vaing. Carried by the
foliowiag vote: Yeas--Council Members
Kluesner, l~ing, Nicholson, Pratt, Vcetberg.
Nays-Mayor Brady~ Council Member
Ddich.
Proof of Publication certified to by the
Publisht~ on Notice of Meeting on the ma~er
of the proposed issnance of $2,:500,000
Goner& Obilgeiloo Bonds (For un Essential
Co~es~te Purpose) of said City, presented
and ~ The~ were no written objections
received and no oral objectors present at the
time of the Hearing. Council Member
Voetberg moved that the proof of publication
be received and fried. Seconded by Council
Mombe~ Nicholson. Catsied by the following
vote: Yeas--Mayor Bredy, Council Membe~
Ddich, Klnesnor, l~ing, Nichoison, Pratt,
Voetberg, Nays--None.
RESOLUTION NO. 67-91
RESOLUTION INSTITUTING PRO-
CEEDINGS TO TARE ADDITIONAL
ACTION FOR THE ISSUANCE OF
$2,500,000 GENERAL OBLIGATION
BONDS
Whereas, pm-suant to nollce published s~
required by law, this Council has held a
public meeting and hearing upon the pro-
posal to institute proceedings for the issuance
of $2,500,000 General Obligation Bonds for
thc essunilal corporate purpose of paying
costs of the construction, reconstructiun,
extension, improvement, and equipping of
wotke und facilities useful for the cc~lcction
and disposal of surface water~ and streams;
the construction, reconstmcilon and repair of
street iml~ovemonts, sidewalks, bridges and
related items; the acquisition, installation,
and repair of traffic contrul dcvicec and
signals; and the reconstrucllon, extension,
and improvement of the existing alrp(st, and
has considered thc extent of objecllons
received from residents or property owners
as to said ptop~ed issunncc of bonds; and,
accordingly tho foltowing action is now
Special Session, February 28, 1991
69
coneidered to be in the best interests of the
City and residunts thereof:
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That this Council does hereby
ins~tute precedings and takes nd~ilonal
action for tho sale and issuance in the
manner nxlnired by law of $2,50O,000
General Obligelion Bonds for the foregolag
essunilal co~0orate propose.
Se~Jou 2, Thc Clerk is authorized and
directed to proceed on behalf of the CiPy
with the sale of said beads, to select a date
for the sale their, of, to cause to be i~epared
such notice and sale information ns may
appear approlxiate, to publish and distribute
the seine m behalf of the City and ~s
Council and otherwise te take all action
uecessmy to permit thc sale of seld bonds on
a basis favorable to thc City and acceptable
to the Council.
Pussed and approved this 28th day of
FobumU', 1991.
lart~s E. Brady
Mayor
Attest:
Ma~ A. Davis
Clerk
Council Member Voetberg moved ad~p-
ilon of the Resolution. Seconded by Council
Member Nicholsco. Cm~ied by the following
vote: Yeas--Mayor Brady, Council Members
Dolch, Klunsunr, Krleg, Nieholson, Pratt,
Voetberg. Nays--None.
An Ordinance Amending Code of Ordi-
nunces by ndopilng in lieu thereof, a new
Sncilon 44-201, Fixing Water Rates for
Residential, Commercial and lndusUial and
other uses, presented and read.
(OffICIAL PUBLICATION)
ORDINANCE NO. 11-91
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF TI~
CITY OF DUBUQUE, IOWA, BY
REPEALING SECTION 44-201,
FIXING WATER RATES FOR
RESIDENTIAL, COMMERCIAL
AND INDUSTRIAL USES AND
ADOIYlING IN LIEU THEREOF A
NEW SECTION 44-201, FIXING
WATER RATES FOR RESIDEN-
TIAL, COMMERCIAL, INDUSTRIAL
AND ALL OTHER USES
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Se~lon 1. Section 44-201 of the Code of
Ordinances, City of Dubuque, Iowa, is
hereby repealed.
Se~lon 2. ~he following new Section 44-
201 is hereby adopted:
"Sec, 44-201. Residential, commercial,
industrial and all other uses.
(a) Commencing with all billings on and
after July 1, 1991, the rates to be charged for
water for residential, commercial, industrial
and all other uses and put;poses by any
person, firm or corporation within the city
shall be fixed and determined us follows:
Monthly Charge Per
~ Hundred Cubic Fee.__..~t
First 3,000 $135
Next 12,000 $1.11
Next 35,0O0 $1.01
Next 50,000 $0.91
Over 100,0O0 $0.78
Rates shall be subject to the following
minimum monthly charge nccording to the
size of the meter:
Meter Size Minimum Allowance
5/8 $ 2.70 200
3/4 $ 6.75 500
I $ 10.80 800
1-1~2 $ 35.10 2,600
2 $ 58.26 4,600
3 $124.86 10,600
4 $191.88 16,800
6 $393.88 36,800
8 $640.95 62,50O
(b) Commencing with all billings on and
after July 1, 1991, the rates to be charged for
water for residential, commercini, industtlni
and ali other uses and purposes by any per-
son, finn or corporation outside the corpem-
lion limits of the city of Dubuque, Iowa,
shall be at one hundxed fifty (150) percent of
the rates set fooh in paragraph (a).
(c) For all meters in service, bills shall be
issued monthly When a meter is not ~ut
monthly for any reason, hills shall be issued
on estimated consumption. For estinmed
hillings, either on alternate months or when
readings are not obtainable for uny ~sco,
consumption shall be predicated on thc
monthly average of past usage for the meter.
For estimated bills issued for an account in
70 Special Session, February 28, 1991
which historical date is not available, billing
shall be pmliceted co the minimum charge
and related consumpfio~ iduntified for the
size of the me~r in service for the pmicniar
account.
(d) Adjnsm~unts ~ estimated feedings
will be mnde when un ncmal rimer ~edin8
is ob~iund. The edjunmmnt will be reflected
on the user's next seBnius bill."
~e~ion 3. This Ordinance shall take
effect e~ Joly 1, 1991.
day of Feinm~/, 1991.
James E. Brady
Mayor
Attest:
Mmy A. Davis
CIty Clerk
Published officially in the Telegraph
Herald unwspapea' this 15th day of March,
1991.
Mary A. Davis
City Clerk It 3/15
Council Member Vuntberg moved that
this be considamd the first wa~ding of the
O~ninunce, and that the wxinirement thst a
proposed Ordinance be ccosidered and voted
on for passage at two Council meeliags prior
to the meeting at which it is to be finally
adopted be suspended and further moved
final adoption of the Ordinance. Seconded by
Council Member Nichoison, Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dcich, Klueuner, Krleg,
Nicholson, Pratt, Vcetberg. Nays---None.
An Ord~unnce Amending Cede of Ordi-
n,unces by adopting in lieu thereof a new
Section 44-83, nsteblishing sewer service
ch~gns, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 12-9!
AN ORDINANCE AMENDING Tt~
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BY REPEALING
SECTION 44-83, ESTABLISHING
SEWER SERVICE CHARGES AND
ADOPTING IN LIEU THEREOF A
NEW SECTION 44-83, ESTAB-
LISHING SEWER SERVICE
CHARGES
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Suntlon 1. Section 44-83 of the Cede of
Ordinances, City of Dubuque, Iowa, is
hereby repealed.
Sullen 2. The following new Sex:lion 44-
83 is he.by adopted:
"Sec. 44-83. Eateblished.
(a) Conur, encing with all billings on and
aflns July 1, 1991, contributors who~e
prope~y lies within the corporate limit~ of
the city, except ss otherwise provided in this
division, shall pay to the City at the same
tine payment for water services is made, a
sewer service charge computed on water
comumption on the following rates:
(1) Basic charges. Sewer rates and
chmcges shall be based on the quantity of
water used on or in the property or premises.
For all cus~mers utilizing sewer service,
bills shall be issued on estimated consump-
tiom For estimated billings, either on
alternate months, lac when a tv. nding on a
water n~ter is not obtainable for any reason,
consumption shall be predicated on the
monthly average of the past usage for the
metered account. For estimated bills issued
for un account in which historical data is not
available, billing shall be pre. cared on the
minimum charge and related consumption
identified in Subsection (c)(7) for the size of
the water meter in.service for the particular
ac~ounL
(2) Schedule of rates. Rates per each
one hundred (100) cuhic feeL...$1.51.
(3) Servic~ charge:
a) When a parcel of real estate,
property or building, discharging
sunits.ry sewage, industrial
wus~es, water or other approved
waste, either directly or in-
direcfly into the City's sa~tary
sewer system, is not a user of
water supplied by the City Water
Division and the water used
thereon or therein is not
acceptable to the City, the
amount of wate~ used shall be
determined by the City in such a
manner us the City Manager may
elect to establish the rate of
charge us provided in this
division, or the owner or other
interested parties at their
expensea may install and main-
tain a meter acceptable to the
City for said purposes.
Special Sssslon, February 28, 1991
71
b) When a parcel of real estate,
property or building, disohsagiag
sanitary sewage, indusUinl
wastes, water or other approved
waste, e~thur di~cOy or in-
directly into the City's sucitury
sever system, is a user of waler
supplied by the City Water Divi-
sion ami in edditlon uses water
from another source which is not
measured by a water mete~ or is
measured by a waU~ mem' not
uceeptahie to the City, the
affiant of warn. used shall be
demmined by thc City in such a
raanner as the City Manager may
elect in oeder to esteblish the rate
of charge as provided in ~
division, or the owner or o~her
ints~ested parlies al Iheir expense
may install and maintain a meter
auceptabhi to the City for said
proposes.
c) When a parcel of real estate,
property or bmidiag, discharging
sanitary sewage, indusUiel
wasles, water ~ other approved
waste, either directly or in-
directly in~o the City's seni~.y
sewer system, is not a user of
water supplied by the City Water
Division, the amount of sauita~y
sewage, industrial wastes, water
or other apwoved waste dis-
chsr~ed into the sani~7 sewer
system shall be determined by
the City in such a manner s~ thc
City Manager may elect in order
to establish the rate of charge as
provided in this division, or the
owner or other interested par~es
at thcir expense, may i~tall and
maiutein a sewage mem' accept-
able to the City for said
purposes,
d) The City Council may, ~n its
discretion, when applicable,
permit connection to the City's
sanilary sewer system of proper-
ties located outside the corporate
limits upon such umm and con-
ditlons as it may establish;
provided, however, that such
~erms shall not be more favorable
~o such property than rotes he.in
established for city users.
e) In order that the rates and
cherges may be modestly an~t
equitably adjusted to the service
rendered, thc City shall have the
right to base its charges not only
on volume, bet also on the
strength and co~tent of thc
s~wasc and wastes of thc user.
Thc City shall have the right to
measure and dcm.mine the
slrength and content of all
sewage and wastes discharged
either directly et indirectly into
the City's sanin~T sewer system,
in such manner and by such
methods as it may deem pructl-
cable in the light of the condi-
lions and cir~umstauces of the
case in order to de.amine the
proper charge.
Extra charges shall be applicable
and nagotlaled with users on an
individual account basis when
concentration of the sewage
exceeds three bemired (300)
miUigrams per liter of bio-
chemical oxygen demand, three
hundred fifty (350) milligrams
per liter of suspended solids or
two (2) percent e~ mo~ of the
flow rate into the sewage
Rates and charges shall be bllied
the mnant or tenants occupying
the properiles served, unless
otherwise requested in wriling by
the owners, but such billings
shall in no way rcheve the owner
from liablilty in the event
payment is not made as required
in this division.
g) When the quantity of water con-
sumed is such that the minimum
service is charged, the minimum
sewer service charge, according
to the size of the meter, shall be
as follows:
Meter Size Minimum Allowance
(Inches) Cha~e (Cubic FucQ
5]8 $ 3.02 200
3/4 $ 7.55 500
I or larger $12.08 800"
Section 3. This Ordinance shall take
effect on July 1, 1991.
Passed, approved and adopted this 28th
day of Februa~, 1991.
James E. Brady
Mayor
Attest:
M~y A. Davis
City Clerk
72 Special Session, February 28, 1991
Puliished officially in the TelegrapA
Herald newspaper this 15th day of March,
1991.
M~y A. Davis
City Clerk It 3/15
Council Member Vnethe~ moved that
this be considered the first ~u~ng of the
Ordinance, and thai the ~lulrement that a
proposed Ordinance be considered and voted
on for passage at lv~ Council mzetln~s l~ior
to the meeliag at which it is to be finally
adopted be suspended and fmthur moved
final adoption of the Ordinance. Seconded by
Council Member Nichotson. CmTied by the
following vote: Yeas--Mayor Brady,
Council Members Delch, Kinesner, ffaieg,
Nicholson, Pra~ Voetberg. Nays--None~
An Ordinance Amanding Chapter 44 of
the City of Dubuque Cede of Ordlnenees
relating to uliliiles by edoptlng a new
Seclion 44-24, establishing a Sanitary Sewer
Connection Fee, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 13-91
AN ORDINANCE AMENDING
CHAPTER 44 OF THE CITY OF
DUBUQUE CODE OF ORDI-
NANCES RELATING TO UTILITIES
BY ADOPTING A NEW SECTION
44-24, ESTABLISHING A SANI-
TARY SEWER CONNECTION FEE
Whereas, various resolutiom of prlor City
Councils adol~ng sanitery sewer connecilon
fees have a wide nmge of fees pr~ front foot
of property; and
Whereas, thc City Council deems it advis-
able to cstablish a unifoon and current rate
for senita~y sewer ce~neclion fee~s, to be
amended from lime to time to reflect thc
prevelling costs of cons~rucilon.
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Se~lon 1. The City of Dubuque Code of
Ordinances is he. by amended by adopting
the following new Section 44~24.
"Sec. 44-24. Sardmry Sewer Connection
(a) Any person dashing to connect a
building sewer to a public sewer for property
that hss not lm~vicoaly been assessed for
said sewer shall first pay a sewer connection
fee to the City, which saninuy sewer conucc-
lion fee may fiom time to lime be amended
by the City Council.
(b) The ssoitaxy sewer connection fee is
hereby established at $30.00 per front foot of
the property being sexwiced.
(c) Any and all resolutions previously
adopted that establish any sewer connection
fee are incorporated herein by reference and
shall he subject to the sani~-y sewer
connecgon fee established herein.
(d) For ali sanitary sewers that were
consl~ucted i~ivately and dedicated to tho
City prior to the adoption of this Ordinance
and which were the subject of p~vious
resciuilons, a po~ion of the connection fee
shall he reimbursed to the person who con-
slructed the senit~y sewer and in the amount
and according to the procedure set forth in
thc original resolution establishing the
conneclion fee.
(e) Nothing in this Ordinance shall he
construed to establish any cha~e for the
extension of a public sewer by the City of
Dubuque, Iowa, or its permittees,"
Section 2. This O~dinance shail tekc
effect immediately upon publication.
Passed, approved and adopted this 28th
day of Fcbmary, 1991.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Published officially in thc Telegraph
Herald this !5th day' of March, 1991.
Mary A. Davis
City Clerk It 3/15
Council Member Voetbe~g moved that
this be considered the first reading of the
Ordinance, and that thc requirement that a
proposed Ordinance be considered and vo~mi
on for passage at two Council meeilngs prior
to the meeting at which it is to he finally
edopted be suspended and ftather moved
final edoplion of the Ordinance. Seconded by
Council Nicholson. Carried by the following
vote: Yeas--Mayor Brndy, Council Membexs
Ddch, Kinesner, Kfiag, Nichcison, Pratt.
Voetberg. Nays--None.
An Ordinance Amending Code of Ordi-
nances by a~optlng a new Section 22-36 in
lleu thereof ~einling to City Refuse
Collecilon Rates, p~sented and read.
Special Session, February 28, 1991
ORDINANCE NO. 14-91
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BY RI]PEALING
SECTION 22-36 RELATING TO
CITY REFUSE COLLECTION
RATES AND BY ADOPTING A
NEW SECTION 22-36 RELATING
TO CITY REFUSE COLLECTION
RATES
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Suction 1. That the Code of Ordinances
of the City of Dubuque, Iowa be attended
by ~peaiiag Seefion 22-36.
Se~lon 2, That the Cede of Ordinances
of the City of Dubuque be amended by
adopting the following new Section 22-36:
"Sec. 22-36. Charges-Amounts;
Exceptions.
(a) Class 1 premlces. ExCel~ as qualified
below, a f~e of seven dollars ($7.00) per
month shall be chasgnd by the City ~nd
collected from each property owner of Class
i pren~es for such services effective July 1,
1991. Said charges or fcc shall be in pay-
ment for collection and disposal of garbage
and refuse ns defined. Exceptions to the
collccllon charges for Class l Ixcmises arc as
follows:
(1) When Class I premises have been
vacant for a petied of three (3) consecutive
months or longer, the owner may apply for
a cx~/t under p~.edur~ to be established
by the City Manager, Such exemptions shall
continue only selene as the Class ] Isemlses
~ vacanL
(2) Clazs I premises when the head of
thc household is sixty-five (65) years or
older and with a per family income of eleven
thousand two hundred fifty dollars ($11,250)
or less way, upon applicati~, be exempted
from oae-hnif the cstebllshed collection
charge. Subsequent to initial application and
elig/b/lity, annual application must be made
on July first of each year to verify annual
income and eligibility.
(3) In cases of extreme financial hard-
ship, the City Manager may, and is bemby
authoriz~l and empowered to, make ndjast-
mants in thc monthly collection ch~rgns. In
such cases, the City Manager shall have the
authority to x~lulre such proof of vacancy,
financial status, age or extreme hal~lship as
the City may deem nucassmy.
(b) Class H premises. The City shall
continue to collect flora Class II premises
currently receiviag such service. The charge
for such collection service shall be based
upoo the average weekly quantity of gnrbage
and refuse bnin8 collected, as deten~ned by
the City Managn~. The rote cha~e shall be a
multiple of thc rate charged Class i v,~mises
as follows:
(1) Zero (0) to une hundred twenty
(120) gallons of 8asbage and ~fuse per week
shall be chafgnd to the Class I p~mises ~tte
timas one (1).
(2) Thc next one hundied twenty (120)
gallons Per week or fraction thereof shall be
charged the Class I premises rate tin~s
seventy-five one-hundrndths (0.75).
(3) All add~tionul unit~ of one hundred
twenty (120) gallons per week or fraction
thereof shall be charged the Class I promises
rata times five-tenths (0.5).
The owner of Class Il p~misns no
longer wishing to be served by City garbage
and refuse colluction shall provide the City
Manage~ with not less than thirty (30) days
written notice of its intent to terminate the
service. Such tom,nation of service shall be
effeetive at th~ be4~inulng of the next billing
period after such thirty day notice period."
Section 3. This Ordinance shall take
effect July 1, 1991.
Passed, approved and adopted this 28th
day of Fcbmary, 1991.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published offidnily in thc Telegraph
Herald newspaper th~ 15th day of March,
1991.
Mary A. Davis
City Clerk It 3/15
Council Member Voetberg moved Ilmt
this be considered the first reading of the
O~dlnance, and that the requlremant that a
p~pnsed Ordinance be considered and voled
on for passage at two Coundl meetings prior
to the meeting at which it is to be finally
adopted be suspended and further moved
final adoption of the Ordinance. Seconded by
Council Member Nicholson. Canted by the
following vote: Yeas---Mayor Brady,
Council Membexs Dnlch, Klue~ner, Kfieg,
Nicholson, Prat~ Voetber8, Nays--None.
Special Session, February 28, 1991
(OffICIAL PUBLICATION)
RESOLUTION NO. 68-91
A RESOLUTION RESCINDING
RESOLUTION NO. 91-89, WHICH
APPROVED A SCHEDULE OF
PLANNING AND ZONING FIlES,
AS PROVIDED IN THE ZONING
ORDINANCE, AND APPROVING A
NEW SCHEDULE OF PLANNING
AND ZONING FEES, IN Ln~u
THEREOF, AND PROVIDING FOR
THE ESTABLISHMENT OF A NEW
FEE FOR SUBDIVISION PLATS,
SITE PLANS, FLOOD PLAIN
DEVELOPMENT, BUILDING AND
SIGN PERMIT REVIEWS, MAPS,
TEXTS, PLANS AND COPIES
Whasens, the City of Dubuque, lown
charges ceanin fees for the processing of
applications pursuant to the Zoning Ordi-
nance and Subdivision Ordinance; and
Wbe~ns, the City Council has detorminsd
that the specific amount of such fees should
be set by resolution; and
Whereas, the City of Dubuque, Iowa has
adopted a Zoning Ordinance requiting an
official schedule of planning and zoning
fees.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Resolmion 91-89 and its
Schedule of Planning and Zoning Fccs is
hereby rescinded.
Suction 2. That thc atteched "Schedule A,
Planning and Zoning Fees" is hereby
apl~oved.
Section 3. Tbe City Clerk is berchy
authorized and dixucted to publish a com-
plete copy of this resolution and attached
"Schedule A, Planning and Zoning Fees".
Section 4. Auacbed "Schedule A, Plan-
niag and Zoning Fees", aplxovcd by this
resolution shall be in effect on February 28,
1991.
Passed, appxoved and adopted this 28th
day of Fehma~, 1991.
Jarc~s E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
SCHEDULE A
PLANNING AND ZONING FEES
(Effective 3/4/91 )
I. Zoning Board of Adjustment
A, Vmiance - $50
B. Conditional Usc Punnit - $100
c, Appeul -
ii. Zoning Commission
A. Text An~ndracnt - $75
B. Rezouing
1. Subetanfiai - $100 + $20]aere*.
2. Nonsubetantini - $75
C. Planned Dimict
1. Preliminary Plan - $100 + $25/
2. Final Site Plan - $50
3. Amended Plan - $100 plus $5/
D. Subdivision Plat
1. Simple - None
2. Minor - $75
3. Major
a. Preliminary - $75 + $5/1ot
b. Final - $I00
c. Combination- $120 +$5/1ot
IlL Staff Reviews
A. Site Plans
1. Simple- None
2. Minor - $25
3. Major - $50
B. Temporary Signs - $10
C. Tcn~porary Use Permits
1. One to four days - $25
2. Five to fourteen days - $40
3.. Fifteen to 180 days - $75
D. Plund Plain Development
1. Flood Plain Permit - $100
2. Flood Way Permit - $500
E. Building]Sign Permit
Reviews - $10
IV. Maps,rl'cxt$/Plans A. Planning and Zoning Maps - $10
B. Zoning Or&nance - $10
C. Cogies -
V. Publication Costs
Applicants must refund actual publi-
cation costs of all notices for public
hearings, plans and required mailings.
* Maximum $1,000
published officially in thc Telegraph
Herald newspaper this 5th day of March,
1991.
Mary A. Davis
City Clerk It 3/5
Special Sssslon, February 28, 1991
75
Council Member IOuesner moved edop-
lion of the Reanlution. Seconded by Council
Member Nicholson. Canted by the following
vote: Yeas--Mayor Brady, Council Members
Ddieh, Kluesner, Faiag, Nicholson, ~
Voetheag, Nays--None.
Au Ordinance Amending Section 18-2 of
the Code of Ordinances by repealing Section
83-7, ralaliag te fees for cerlificatss of
rngistration and insurance, and ndop6ng in
lieu thereof a new section 83-7, relating to
feea for certificates of registration and
insm'ance; by repealing Section 83-8, relating
to insurance requlmmonts for electrical
contractor registralion, and adopting in lieu
thereof new Section 83-8, relating to insur-
anco requirements for diectrical contractor
registration; and by adopting a new Table
No. 13-B, establishing fee~ for ce~ficates of
~egistl~tion, presonled and lead.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 15-91
AN ORDINANCE AMENDING
SECTION 18-2 OF THE CITY OF
DUBUQUE CODE OF ORDI-
NANCES BY REPEALING SECTION
83-7, RELATING TO FEES FOR
CERTiFiCATES OF REGIfffRATION
AND INSURANCE, AND ADOPT-
ING lb[ LIEU THEREOF A NEW
SECTION 83-7, RELATING TO
FEES FOR CERTIFICATES OF
REGISTRATION AND INSURANCE;
BY REPEALING SECTION 83-8,
RELATING TO INSURANCE
REQUIREMENTS FOR ELECTRI-
CAL CON'IRACTOR REGISTRA-
TION, AND ADOPTING IN LIEU
THEREOF A NEW SECTION 83-8,
RELATING TO INSURANCE
REQUIREMENTS FOR ELECTRI-
CAL CONTRACTOR REGISTRA-
TION; AND BY ADOPTING A NEW
TABLE NO. 13-B, ESTABLISHING
.FEES FOR CERTIFICATES OF
REGIS~,ATION
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Section 18-2 of the City of
Dubuque Code of Ordinanee~ is amended as
follows:
(a) Section 83-7 is hereby amended by
repealing such section and adopting in lieu
thereof the following new Section 83-7:
"Sec. 83-7. Fees for Certificates; Insur-
ance. Before a ce~ificate of registration is
granted to any applicant under this article
and befo~ an expiring ragistration is
renewed, the applicant shall pay to the City
a fee as specified in Table No. 13-B and, for
Class i applicants only, fungsh the required
evidence of insurance."
(b) Section 83-8 is hereby amended by
repealing such section and adopting in lieu
the~of the following new Section 83-8;
"Sec. 83-8, Insurance Required. Prior to
thc issuance or renewal of a Class I Elec-
uicnl Contractor's Registration, thc applicant
shall furnish to the building officinl proof of
comprehensive general liability insurance
with a n-~nimum coveragc limit of not less
than $1,000,000 (one rdillion dollars); said
insurance policy to be wtittce by an insurer
liceusnd to do business in the State of Iowa.
Each Class I Electrical Contractor shall also
maintain on file with the building official a
ce~ificate evidencing that the insurer will
give the building official fifteen (15) days
written notice prior to termination or
cancellation of the required comprebenalve
general liability insurance.
Upon notice of termination or canceliafion
of insurance, the building official shall notify
the Class I registrant that the Electrical
Contractor's Registration is ~voked effective
on the date of termination or cancellation of
the required insurance coverage. This mvoca-
lion can odiy be stopped by tho wgistrant
providing proof of other insurance prior to
the date of revccalion of registration.'+
(c) Table No. 13-B, Fees for Certificates
of Registration, is hereby adopted:
"TABLE NO. 13-B
FEES FOR CERTIFICATES OF
REGISTRATION
1. Initial fee for Class I
Registration. ................. $100.00
2. Initial fee for Class II
Rnglstration. .................. $ 75.00
3. Initial fee for Class III
Registration. .................. $ 35.00
4. Initial fee for Class IV
Registration ................... $15.00
5. Renewui fee for Class I
Registration. .................. $ 50.00
6. Renewal fee for Class II
Registration ................... $ 35.00
7. Renewal fee for Class Ill
Registration. .................. $ 25.00
76
Special Session, February 28, 1991
8. Renewal fee for Class iV
Registrndon. .................. $15.00"
SecUre 2. T~s (h'diannce shah take
effect ca the lSth day of March, 1991.
day of Felnuaty, 1991.
Jam~s E. Brady
Mayor
AtU~t:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 8th day of March,
1991.
Mary A. Davis
City Cl~k It 3/8
Council Mend~r Klucsner moved that this
be considered the first ~ending of the
Ordinance and that the w. qnirement that a
preposed Ordiuance be conside~nd and ¥oted
on for passage at two Council meetings prior
to the meeting a~ which it is to be finally
adepted be suspended and further moved
final adoption of the Ordinance. Seconded by
Cooncil Member Pratt. Canled by the fol-
lowing vote: Yeas--Mayor Brady, Council
Memb~s Deich, Klanane~, Kdag, Nicholson,
Prat~ Voetberg. Nays-~None.
An Ordinance Amending Section 11-2 of
the Code of Ordinances ~by rq~silng Table
No, 3-A Building Permit Fees, relating to the
fee~ chursed for the issuance of Building
Permits, and edopting in lieu the~of a new
TaMe No. 3-A Buliding Permit Fees,
p~$ented and mad,
(OFFICIAL PUBLICATION)
ORDINANCE NO. 16-9!
AN ORDINANCE AMENDING
SECTION 11-2 OF THE CITY OF
DUBUQUE CODE OF ORDI-
NANCES BY REPEALING TABLE
NO. 3-A BUILDING PERMIT I~ES,
RELATING TO THE FEES
CHARGED FOR THE ISSUANCE OF
BUILDINO PERMITS, AND
ADOPTING IN LIEU THEREOF A
NEW TABLE NO. 3-A BUILDINO
PERMIT FEES
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Se~ion 1. Section 11-2 of the City of
Dubuque Code of Ordinances is amendnd by
rcpaaliag Table No. 3-A Bnildin8 Pemit
Fees, and adopting in lieu thereof the
attached new Table No. 3-A Building Pem~t
Fees.
Section 2. This Ordinance shall take
effect on the 15th day of kiasch, 1991.
Pa~d, adop~l and approved this 28th
day of Febnuc, y, 1991.
larr~s E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
"TABLE NO. 3-A
BUILDING PERMIT FEES
Valuation Fee
$1.00 to $SOO.OO $10.00
$501.00 te $2,0OO.OO
$10.00 for the
flrst $500.00,
plus $1.60 for
each addilional
$100.OO or frac-
tion thereof, to
and including
$2,000.00.
$2,001.00 to $25,000.00
$25,OOl.00 to $50,OO0.00
$34.00 for the
fu'st $2,OO0.00,
plus $6.40 for
each additional
$1,OOO.O0 or
fraction thereof,
to and including
$25,OO0.OO.
$181.20 for the
first $25,0OO.00,
plus $4.80 for
each additional
$1,000.00 or
fraction thereof,
to and including
$5O,OOO. OO.
$50,OOl.OO to $1OO,000.OO $301.20 for the
first $50,0OO.OO,
plus $3.20 for
each additional
$1,000.00 or
fraction thereof,
to and including
$100,000.00.
$100,OOl.OO and up
$461.20 for the
first $ IOO,0OO.00
plus $Z70 for
each additional
$1000.00 or
fraction thereof.
Special Session,
Other Inspections md Fees
(1) Plan x~view ~s when a pl~ is
~ by ~fi~ 3~(b) of ~e C~n, ~
h~ or.view fi~ ............................. ~0.~*
(~m of one h~ c~e ~ ch~
in l~-ho~ i~n~ ~y~ ~ ~t h~)
(2) I~ on~ide of n~
h~,~r~ ..................................... $~*
(~mum ch~e of ~ (2)
(3) Re~s~on f~ ~ess~ ~der ~vi-
slo~ of ~ ~5~), ~h ............. $30.~*
(4) in.fleas f~ w~ch ~ f~ is s~if-
i~yi~, ~ .................... $30.~*
(~mum ch~o of l~-h~)
(5) Ad&~on~ p~ ~v~w ~ by
~h~es, ~&~ons ~ ~i~ to n~ov~
p~, ~r ~ ..................................... $30.~
* ~ ~e ~ ho~ly ~st ~ ~e j~s-
~c~on, w~chever is &e g~sL T~
~st sh~ include ou~ide pl~ ~view
ex~n~ su~i~on, overh~d,
~n~ ho~ly w~as ~d ~nge ~fi~
of &c ~ploy~ involve."
Pu~ish~ offici~ly ~ &e Te~gr~h
HerOd ~s 8~ day of M~h,
M~ ~ Davis
~ty ~erk It 3~
C~n~ MoOr ~s~r ~v~ ~t
~s ~ ~id~ ~ ~t ~ng of &e
~n~ ~d ~t &c ~nt ~t n
~ ~i~ ~ ~sid~ ~d vp~
on f~ ~e at ~o ~un~l M~ngs ~or
to ~ ~ng at w~ch it is to ~ fin~y
fin~ ~on of ~ ~in~ S~on~ by
Co~fl Morner V~t~g. ~ by &e
foHo~ vo~: Y~y~ Bray,
Co~ M~. D~ch, ~u~ner, KBS,
Nichul~n, ~ V~t~. Nays--None.
An ~d~ ~ng S~on ~-2 of
&e ~e of ~i~ (M~h~i~ C~e)
by ~ ~ ~eu ~e~f a new ~on
3~(b), ~la~ to ~e a~li~ ~d
iss~ of a ~fi~ of Rngis~m;
Ad~ in lieu &~f a ~w ~on
308(b), ~l~ng m ~e iss~ of
C~fi~ of Co~nc~ ~ in ~eu
~e~f a ~w ~on 3~(e) ~la~ng m &e
ex~ra~on ~d ~newM of ~ C~fi~ of
Co~nc~ ~d ~ a new Table
M~h~ ~gis~a~on ~d ~fi~ of
C~ncy F~s, ~s~g F~s f~ ~e
i~ Ce~fi~ ~ Re~w~ Ce~fi~ of
February 28, 1991 77
Registration and Competency, prasen~ed and
(OFFICIAL PUBLICATION)
ORDINANCE NO. 17-91
AN ORDINANCE AMENDING
SECTION 24-2 OF THE CITY OF
DUBUQUE CODE OF ORDI-
NANCES BY REPEALING SECTION
307(b), RELATING TO THE
APPLICATION AND ISSUANCE OF
A CERTIFICATE OF REGISTRA-
TION, AND ADOPTING IN LIEU
THEREOF A NEW SECTION 307(b),
RELATING TO THE APPLICATION
AND ISSUANCE OF A CERTIFI-
CATE OF REGISTRATION; BY
REPEALING SECTION 308(b),
RELATING TO THE ISSUANCE OF
A CERTIFICATE OF COMPE-
TENCY, AND ADOPTING IN LIEU
THEREOF A NEW SECTION 305(b),
RELATING TO THE ISSUANCE OF
A CERTIFICATE OF COMPE-
TENCY; BY REPEALING SECTION
308(e), RELATING TO THE
EXPIRATION AND RENEWAL OF
A CERTIFICATE OF COMPE-
TENCY, AND ADOPTING IN LIEU
THEREOF A NEW SECTION 308(e),
RELATING TO THE EXPIRATION
AND RENEWAL OF A CERTIFI-
CATE OF COMPETENCY; AND BY
ADOPTING A NEW TABLE 3-B,
MECHANICAL REGISTRATION
AND CERTIFICATE OF COM-
PETENCY FEES, ESTABLISHING
FEES FOR THE INITIAL
CERTIFICATE AND RENEWAL
CERTIFICATE OF REGISTRATION
AND COMPETENCY
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUF~ IOWA:
Sebllon L Section 24-2 of the City of
Dubuqnc Code of Ordinancez is amended as
fcilows:
(a) Section 307 is hereby amended by
repealing subsection (b) and adepling in lieu
thereof the following subscedon (b):
"(b) Application and issuance of
ce~fificam of re§istrafion. Any person
desiring a certificate of registration to enter
into the business of installing or sowicing as
required under the l~ovisions of this chapter
shall make al~llcat/on to and on n form
furnished by the City. Such application form
shall be obtained from and the completed
application together with the fee for appll-
78 Special Session, February 28, 1991
cation for a cerlificate or regisuation shull be
submitted to the bcilding offidni. Every
aplticafion fo~c ~e~is~mtion shah state the
name of the person, rum. permer~hip or
t~'ation, etc., npl~ying for registration
and the name and address of the place of
hotness er places of business of the ~ppll-
cant. If the applicant is & tim, cq~tmetship,
court.on, as~dalion, or any combination
thexeof, the application shall contain the
names and adduces of all n~mbers and
officers and such other inf<xmalion as the
al~icalion nay wqci~, together with a
cerlified eepy of the cotpozatlon w/nutes or
other legal evidence that the applicant has
been duly inves~l with the authority to
rel~sent and a~t on behalf of the
coparm~hip, ~q~tafion, as~ocinlion, or
combinalion thereof and shnil duly deMsnate
and register with the City n snccesset to the
app]icant. AB applications shall he swc~n to
by the apFficant before a notary pub]ia No
apldtcatian she]i be !~ocessed by the
mechacic~ code board ff there are thscrep-
andes between the statements on the aFpll-
cation and tho true facts, or unless the
per, on, finn, paflner~h/p, corporalion, aasoci-
atlon, or combination thereof shall first n~et
the quallficat/ons peevided herein and the fee
for rngistradon is paid.
Upon receipt of the application for
registration, the mechanical code beard shall
issue a certificate of reglstralion to the al¥ll-
cant to engnge in the busincas of installing or
servicing /n the city. Cerlificatee of
registration shall expire on the thirty-first day
of December of each year and shall be
Failure to renew a ce~ficate before the
exl~alion date shah automaficafiy cancel the
eexlificate and require an appllcalion and fee
The application fee for the init/al eerfi-
fic.~e of registration shall be as sl/pnia~ed in
Table No. 3-B and sha~ be submitted with
the application. No fees shall he refunded
whether the certificate is issued or denied.
The annual renewal fee for such certificate
of regish'sfion shall be as specified in Table
No. 3-B."
(b) Section 308 is hereby ataended by
repealing subsection (b) and adopting in lleu
thereof the foHowthg subsection (b):
"Co) Certificate issuance. Upon receipt
of an application and examination fee, the
mechaulcni cede hoa:rd, having daten~ined to
thnir natisfaedon that the appllcam is eligible
for exam/nation as im~vided heraln, shall
examine the app]icant for corr~ctcncy in the
field or fields, or ~ons thereof, for which
aplllcafion was made. Upon the applicant's
having passed such examination as the
mechaulcul code board may prescribe to
detelm~e the competency of the aPl~icant,
the mechanical code board shall issue the
ee~ificate of competency to thc applicant,
lirdlin8 the validity of the certificate of
competency to the field or fields, class or
classes, for which the apl~icant applied, was
examined and was found to be competent.
The examination fee for a certificate of
competency shall be fifty dollars ($50.00)
per person for from one ~o four tests of com-
petency when taken at one examination date.
Reexan/nation fee~ shall be the same
as origianl exan/anlion fees, as shown
above. Thc fee shall be paid before the
examination, at the llma of application; and
there shall be no refund for any reason.
The fee for an examination does not in-
ciude the fee of any odginni certificate of
competency. The fee for an original cerlifi-
cate of competency shall be as specified in
Table No. 3-B and shall he in addition te the
examination fee."
(c) Seclion 308 is hereby amended by
repealing subsection (e) and adopting in lieu
thereof the following subsection CO):
"(e) Expiration and renewal of ee~fi-
cater. Ce~ificates of competency expire on
the thirty-first day of December of each year
and shall be renewed annually on or before
January th~rty-firsL The date of such ~encwni
shall be endorsed on the certificate. In the
cvent the holder of any such certificate of
conv~etency shnil fail to renew the same in
thc manner berein provided, the certificate
shall expire and a new ce~ificate shall not be
issued without making appllcalion for a new
eenificate, paying the fee therefor, and
submitting to an examination as required in
the ll~t instance. The annual renewal fee for
a ce~ificate of competency shall be a~
specified in Tahie No. 3-B.'
(d) The following new Table
Mechacical Regisualion and Certificate of
Competency Fees, is ber~by adopted:
"TABLE NO. 3-B
MECHANICAL REGISTRATION AND
CERTIFICATE OF COMPETENCY FEES
1. Initial C. orliflcate of
Registration....,., .......... $150.00
2. Inilial Certificate of
Con~etency .................. $ 35.00
Special Session, February 28, 1991
3. Renewal Ce~ificate of
Registration. ................. $ 50.00
4. Renewal Certificate of
Compoteucy ................. $ 25.00"
Section 2. This Ordinance shall take
effect on the 15th day of March, 1991.
Passed, approved and adopted this 28th
day of Fehim~y, 1991,
Jan~s H. Brady
Mayor
At,est:
Mm'y A. Davis
City Clerk
Published officially in the Telegraph
Herald this 8th day of March, 1991.
Mery A. Davis
City Clerk It 3/8
Council Member Kluesne~ moved that {his
be conside~ad the first zending of the
Ordinance and that tho reqalremunt that a
proposed Ordinance be considered and voted
on for passage at two Couucli meetings prior
to the meeting at which it is to be finally
adopted be suspeadad and further moved
final adoption oftbe Ordinance. ~conded by
Council Member Nicholsun. Canied by the
following vote: Yeas~Mayor Brady,
Council Mumbe~ Deich, Kluc~ner, Krieg,
Nicholson, Pra~ Vuntbe~. Nays--None.
An Ordinance Amending Section 37-2 of
the Cede of Ordlunnces (Plumhing Cede) by
adopting in lieu thereof a new Section
20.130), relating to the requirement t~at
aplwentice plumbers be registered and the fee
therefmo; Adopting in lieu thereof a new
Section 20.13(k), ruling to the fee for an
initial Master Plumber's License or an initial
journeyman plumber's llcenses;Adopllng in
lleu thereof a new Section 20.130), relating
to the Annual Renewal of Licenses and the
fee therefor, and by adopting a new Table
No. 20-B, establishing Plumbing Licenses
and Registration Fees, lxesented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 18-91
AN ORDINANCE AMENDING
SECTION 37-2 OF THE CITY OF
DUBUQUE CODE OF ORDI-
NANCES BY ~ING SECTION
20.13(0, RELATING TO THE
REQUIREMENT OF APPRENTIC~
PLUMBERS TO BE REGISTERED
AND THE FEE THEREFOR, AND
ADOPTING IN LIEU THEREOF A
HEW SECTION 20.13(i), RELATING
TO THE REQUIREMENT THAT AP-
PRENTICE PLUMBERS BE REGIS-
TERED AND THE FEE THEREFOR;
BY REPEALING SECTION 20.13(k),
RELATING TO THE FF~ FOR AN
INITIAL MASTER PLUMBER'S
LICENSE OR FOR AN INITIAL
JOURNEYMAN PLUMBER'S
LICENSE, AND ADOPTING IN
LIEU THEREOF A NEW SECTION
20.13(k), RELATING TO THE FEE
FOR AN INITIAL MASTER
PLUMBER'S LICENSE OR AN
INITIAL JOURNEYMAN
PLUMBER'S LICENSE; AND BY
REPEALING SECTION 20.13(1),
RELATING TO Tt~ REQUIRE-
MENT OF ANNUAL RENEWAL OF
LICENSES AND THE FEE FOR
SUCH RENEWAL, AND ADOPTING
IN LIEU THEREOF A HEW SEC-
TION 20.13(1), RELATING TO THE
ANNUAL RENEWAL OF LICENSES
AND THE FEE THEREFOR; AND
BY ADOPTING A HEW TABLE
NO. 20-B, ESTABLISHING
PLUMBING LICENSES AND
REGIS'IRATION FEES
NOW, THEREFORE, BE FF ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUN~ IOWA:
Section 1. Section 37-2 of the City of
Dubuque Code of Ordinances is amended ss
follows:
(a) Section 20.13 is hereby amended by
repealing sub~uction (i) ~nd adopting in lieu
thereof the following:
"(i) Apprentices to be registered, fee:
employment of unregistered apprentices pro-
hihiteA. No master plumber shah him or
employ or have in such master plumber's
emgloy, any apprentice to perform any
plumbing work unless the apprentice is
uctmdly in the p~sence of and with a
licensed plumber. Every person who desires
to perform the work of an appsentice
plumber shall register such person's nasne as
un al:Prentice with the plumbing bo~d at the
time of unteflng such employment, and on or
before the first day of Febmnry of each year
thereafter so long as such employment shall
continue. The aplxentice shall pay a regis-
tratiou fee as set forth in Table No. 20-B
with said fee being paid initially upon
umploymunt and unnually thereafter upon
registnnion. No master plumber may hire or
employ, or have in such master plumber's
employ, uny apprentice plumber who is not
registe~ud with the plumbing bem'd.*
80 Special Session, February 28, 1991
(b) Xection 20.13 is h~eby amended by
repealing subsection (k) and adopting in lieu
therunf the following:
"Sec. 20.1300. Fee for Ucense issuance.
Apldicent~ who succ~sfuliy pass an exami-
nation shall pay fees as set forth in Table
No. 20-B for au initial master plumber's
license or for mn initial journeyman
plumber's license.*
(c) Section 20.130) is hereby ameuded by
repealing sulx~ection 0) and adopting in lieu
thereof the following:
*Sec. 20.130). Renewal of licenses, fee;
fallu~ to renew. Licenses issued under this
a~icle nmy be renewed annually upon pay-
merit of the renewal fee on or before January
thifly-first of euch year. Renewal fee shall be
as set forth in Table No. 20-B. The year of
license validity shall be endorsed un the
license, In the event the holde~ of any such
license shall fail to renew same by the date
herein p~ovlded, the licenses shall expire and
a new license shnll not be issued un~l such
time as the per~on has been reexamined for
a new license as p~ovidad in subsection (j)
and the fee specified in subsection (k) has
been paid/
(d) Thc fo{lowing Table 20-B, Plumbing
License and Rngislratiun Fee~, is hereby
"TABLE NO. 20-B
PLUMBING LICENSE AND
REGISTRATION FEES
1. For an initial Master Plumber's
license ............ ........$100.00
2. For un initial Jcureeyrmm Plumber's
license ...................... $ 35.00
3. For registration as an Apprentice
Plumbe~ .................... $15.00
4. For renewal of a Maste~ Plumber's
license ...................... $ 50,00
5. For ~newal of a Jeurneyman
Plumber's ilunnse,...$ 25,00"
Section 2. This Ordinance shall adm
effect on the 15th day of March, 1991.
Passed, approved and adopted this 28th
day of February, 1991.
James E. Brady
Mayor
Attest:
Ma~y A. Davis
City Clerk
Published officially in the Telegraph
Herald this 8th day o£ March, 1991.
Mary A. Davis
City Clerk It 3/8
Council Member Klecsner moved that this
be considered the first reading of the
Ordinance and flint the ~'xluirement that a
proposed Ordinance be considered and vo~A
on for paasnge at two Council meetings p~or
to the meeting at.which it is to be finally
adopted be suspended and further moved.
final adoption of the Ordinance. Seconded by
Council Member Nichctson. Canled by the
following ~ote: Yeas--Mayor Brady,
Councll Members Deich, Klucsner, Krleg,
Nicholson, Prat~ Voetberg. Nays--None.
The~ bolng no furtheg business, Council
Membe~ Vuntherg moved to adjourn the
meeting. Suconded by Council Member
Nicholson. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Kfie§, Nioholson, Pratt,
Voetberg. Nays~None.
Meeting adjourned at 10:32
Mary A. Davis
City Clerk
1991.
Conncfl Members
Attest: