1992 August Council Proceedings313
Regular Session, August 3, 1992
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, August 3, 1992.
Council met at 7:30 p.m., Public Library
Auditorium.
present: Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagie, Nicholson,
Voetberg, Acting City Manager Stephani
Johnson, Corporation Counsel Barry A.
Lindahl.
Mayor Brady read the call and stated this
is the Regular Monthly Session of the City
Council called fo~ the puq~ose to act upon
such business which may properly come
before the Council.
Invocation was given by Rev. Douglas
Moore, Interim Pastor, First Baptist Church.
PROCLAMATIONS -- Week of August
llth to 16th as "Dubuque County Fair
Week" received by Kevin Lex and Sharon
Buringe; "United Way Campaign Time" from
Aug. 12 thru Oct. 30, 1992.
Certificates of Appreeiadon were
presented to City Employees Doug
McCa;into, Penny oronen, and Iaraes Cox.
Council Member Kluesner moved that the
rules be suspended to alinw anyone present
to address the Council if they so desire,
Seconded by Council Member Nicholson.
Carried by the following vote:
Yeas--Mayor Brady, Council Members
Ddich, Kluesner, Kring, Nagie, Nicholson,
Voetberg. Nays--None.
Proof of Publication certified to by the
Publisher on Ngfice of Public Hearing for
voluntary annexation of City-owned property
surrounding the Julinn Dubuque Monument,
communication of Acting City Manager
requesting approval of annexation and direct
staff to forward the necessary do~umunts to
the City Development Board for its review,
and communication of Dubuque County
Board of Supervisors advising they have no
problem with transferring the jurisdiction of
the Ma*jo Quarry Road provided the intent is
to keep the roadway open, presented and
read. There were no written objections
received mid no oral objectors present at the
time of the ltearlng. Council Member
Kluesner moved that the proof of publication
and the conunualcations be received and
filed. Seconded by Council Member Nagle.
Carded by the following vote: Yeas~Mayor
Brady, Council Members Kluesner, Kring,
Nagle, Nicholson, Voetherg. Nays~ouncil
Member Deich.
RESOLUTION NO. 260-92
A RESOLUTION ANNEXING PT. -
L1 GOVERNMENT LOTS 1 AND 2
AND L2-L$ FRACT.
GOVERNMENT LOT 1 IN
SECTIONS $ AND 6, MOSALEM
TOWNSHIP, DUBUQUE COUNTY,
IOWA.
Wbereas, the City of Dubuque, as owner
of an area approximately 4.8 acres in size
lying immediately adjacent to tbe City of
Dubuque, Iowa, has voluntarily petitioned for
annexation of said territory to the City of
Dubuque; 0ad
Whereas, Chapter 368 of the Code of
Iowa authorizes the extension of City limits
in situations of this character by the adoption
of a resolution; and
Whereas, the future growth and
development of the City of Dubuque, Iowa,
make it desirable that said territory be made
paxt of the City of Dubuque, Iowa.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the territorial limits of
the City of Dubuque, Iowa, be and they are
bereby extended to include the area
comprising the following described real
esUtte to wit:
P~. - LI Government Lots I and 2 and
L2-L5 Fract. Govenunent Lot I in
Sections 5 and 6, Mesa;em Township,
Dubuque County, Iowa.
Section 2. That the territory hereby
annexed shall become a part of the First
Ward, First precinct of the City of Dubuque,
Iowa.
Section 3. That the City Clerk be and she
is hereby authorized and dire~tud to submit
a certified copy of this resolution along with
the attached map and other necessary
documents to the City Development Boa~d in
Regular Session, August 3, 1992
314
aecordancm with provisions of Chapter 368
of the Code of Iowa.
Passed, approved and adopted this 3rd
day of August, 1992.
Jan~s E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Nagie. Carried by the
following vote: Yeas~Mayor Brady,
Council Members Kluesner, Kricg, Nagie,
Nicholson, Voctberg. Nays---Council
Member Dnlch.
Proof of Publication certified to by the
Publisher on Notice of Public Heating to
consider approval of a Promissesy Note and
Loan Agreement with American Trust and
Savings Bank for a fairway mower,
presented and read. There were no written
objections ~ceived. Coaaud Member
Kluesner moved that the proof of publication
be received and filed. Seconded by Council
Member Vcetberg. Caroled by the following
vote: Yeas--Mayor Brady, Council Members
Kluesnes, Kring, Nagie, Nicholson, Vuntberg.
Nays--Council Member Ddich.
RESOLUTION NO. 261-92
RESOLUTION APPROVING
PROMISSORY NOTE AND LOAN
AGREEMENT IN THE AMOUNT OF
17,130 FOR THE PURCHASE OF A
FAIRWAY MOWER FOR THE
BUNKER HILL GOLF COURSE
Whereas, the City Council of the City of
Dubuque, Iowa, has given its approval in the
FY 1993 Operating Budget for the purchase
of a fab'way mower for the Bunker Hill Golf
Course; and
Whereas, in order to provide for payment
of the fab'way mower it is necessa~ to
obtain a bank loan; and
Bank of Dubuque, in the amount of $17,130;
and
Whereas, repayment of the bank loan will
come from golf fees; and
Whereas, pursuant to notice published as
required by law, a public meeting and
hearing has been held on Monday, Augost 3,
1992, upon the proposed promissory note
and lava ngre~ment in ti~ amount of
$17,130 fo~ the purpose of purchasing a
fahway mower far the Bunker Hill Golf
Course; and
Whereas, the extent of objections received
from residents and property owners has been
fully considerad; and
Wbere, as, ~w..cordingly the following acfiou
approving the promissca'y note and loan
agreement is now considered to be in the
best interest of the City and residents
thereof;
NOW THEREOF, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the promissory note and
loan agreement between the City of Dubuque
and the American Tntst and Savings Bank in
the amount of $17,130 for the purpose of
purchasing a fairway mower for the Bunker
Hill Golf Course, such note and agreement
whicli is attached, is hereby approved and
the May~ and City Clerk are hereby
authorized and directed to execute said loan
ag~eerr~nt in behalf of the City of Dubuque.
Passed, approved and adopted this 3sd
day of August, 1992.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Voetberg. Canind by the
following your: Yeas--Mayor Brady,
Council Members Kluesner, Kring, Nagle,
Nicholson, Voetberg. Nays~ouncil
Member Dalch.
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to
consider an Ordinance amending the
Neighborhood Shopping District of the
Zoning Olntinance, presented and read.
Council Member Nagin moved that tho proof
of publication be received and fried.
So, untied by Council Member Voetberg.
Carried by the following vote:
Yeas---Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagin, Nicholson,
Voetberg. Nays--None.
An Ordinance amending Code of
Ordinances by repealing Section 3-3.2 C-2
Neighb~hood Shopping Center District, and
315
Regular Sesslon, August 3, 1992
enacting, in lieu thereof, a new Section 3-3.2
C-2 Neighborhood Shopping Center District,
said Ordinance having been presented and
read at the Council meeting of July 20, 1992,
now p~e~ented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 5%92
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA
PROVIDING THAT THE CODE
OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BE AMENDED
BY REPEALING SECTION 3-3.2
C-2 NEIGHBORHOOD SHOPPING
CENTER DISTRICT, AND
ENACTING, IN LIEU THEREOF,
A NEW SECTION 3-3.2 C-2
NEIGHBORHOOD SHOPPING
CENTER DISTRICT.
NOW, THEREFORE, BE IT ORDAINED
BY TIlE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Seedon 1. Appendix A of the Code of
Ordinances of the City of Dubuque, Iowa is
hereby attended by repealing Section 3-3.2
C-2 Neighborhood Shop,ne Center District
and enacting, in lieu thereof, a new Section
3-3.2 C-2 Neighborhood Shopping Center
District, {u provided In the attached Exhibit
A.
Section 2. That the foregoing amendment
has heretofore been ~eviewed by the Zoning
Commission of the City of Dubuque, lows
Section 3. That this ordinance shall take
effect immediately upon publication.
Passed, approved and adopted this 3rd
day of August, 1992.
Samos E, Brady
Mayor
Attest:
Mary A. Davis
City Clerk
EXHIBIT A
3-3.2 C-2 Neighborhood Shopping Center
Dis~ct
(A) General purpose and description.
The C-2 Dislrlct is intended to
provide small commercial centers
serving small clusters of
neighborhoods. The C-2 District will
be carefully placed to insure that the
size of the conunereial center, the
nature of uses permitted and the
locmionul characteristics are such that
the grouping of such uses are
relatively nuisance-free to
surrounding residences and do not
detract from the residential purpose
and character of the surrounding
neighborhoods. The C-2 1)istfict
shall be located in anighborhoods
where parking and traffic can
adcquatuly be handled, and the
squa~ footage, hours of operation,
and intensity of uses are compatible
with the neighborhoods.
(B) Principal permitted uses. The
following uses shall be permitted
in the C-2 Disuicc
(1) Railroads and public or
quasi-public utilities
including substations [47]
(2) Residential uses above the
first floor only [6]
(3) Schools of private
instruction [4]
(4) General offices [14]
(5) Personal services [14]
(6)Barber/heauty shops [16]
(7)Gas station [18]
(8)Grocery store [17]
(9) Drug store/health care
supplies [17]
(10) Baker (retail only) [19]
(11) Lanndry/dry cleaner [19]
(12) Hardware store [17]
(13) Flower/garden
store/commercial
greenhouse [17]
(14) Shoe repair [18]
(15) Automated gas station
[I8]
(16) Indoor restaurant [20]
(17) Clothing/accessory store
[171
(18) Shoo store [17]
(19) Jewehy stc~e [17]
(20) Sewing/fabric store [17]
(21) Talloring/alteratious [18]
(22) Books/stationery stem
[17[
(23) Gi~souveoir shop [17]
(24) Toy/hobby shop [17]
(25) Sporting goods
(sales/rental) [17]
(26) Bicycle shop
(sales/rental) [17]
(27) Camera/photo supply
store [17]
(28) Furniture/home
furnishing [27]
(29) Appliance sales/s?vice
[27]
(30) Radio/TV sules/services
[17]
Regular Session, August 3, 1992
316
(31) Computer sule. a/s~'vice
[17]
(32) Music ste~ (suleskantul)
[17]
(33) Catalog center [23]
(34) Laundromat [22]
(35) Furniture
upholste~y~epalr [18]
(36) Artist studio [5]
(37) Photographic stodlo [23]
(38) Neighborhood shopping
center [17]
(39) Dentul/medic*l lab [8]
(40) Business services,
excluding sign painting
[29]
*(41) Any other speciulty retail
or service use of a
similar nature and
intensity, az determined
by the City Planner [47]
[ ] Parking group-See Section
4-2 of ~his ordinance
(C) Accessory uses. The following uses
shall be permitted as accessory uses,
us provided in Section 4 of this
(1) Any use customarily incidental
and subordinate to the principal
use it serves.
(D) Conditional uses. The following
conditional uses are permitted in the
C-2 District, subject to the provisions
of Section S of this ordinance and
are the minimum requirements for
application to the Board of
Adjustment fo~ a conditional use
permit:
(1) Medicul offices/diinics, provided
that:
(a) The parking group
requlren~nts can be n~t
[36].
(2) Drive-in/carryout restaurant,
provided that:
(a) Ol~que screening shall he
provided for adjacent
residential uses as required
under the site plan review
provisions of Section 4-4 of
this ordinance; and
(b) The parking group
[2si.
O) Drive-up auWma~i teller,
providad
(a) Ingress, egress and traffic
flow shall be acceptable to
the City Site Plan Review
tean~
(b) Opaque sc~ening shall be
provided for adjacent
residential uses in
conformance with the site
plan review provialous of
Section 4-4 of this
ordinance; and
(c) The parking group
requirements can he met [8].
(4) Self-service oatwush, irrovided
that:
(a) A minimum of three O)
stacking spaces per bay be
provided; and
(b) Ingress, egress and traffic
flow shall be acceptable to
thc City Site Plan Review
tearo; and
(c) Op0que screening shall be
provided for adjacent
residential uses in
conformance with the site
plan review provisions of
section 4-4 of this
ordinance; and
(d) The parking group
requirements can he met [SI.
(5) Animal hospital/diidlc, provided
that:
(a) All opemtious and activities
shall be conducted and
maintained within a
completely enclosed
building; and
(b) The parking group
requirements can be met
[231.
(6) Banks, sa~ings and loans, and
credit unions, provided that:
(a) The parking group
requirements can be met
[313.
(7) Group day c~re center, provided
that
317
Regular Session, August 3, 1992
(a) Forty (40) square feet of
indoor floor area (excluding
halls and bathrooms) is
provided pe~ child in sreas
occupied by cribs, thirty-five
(35) sqanve feet of indooc
area (excluding halls and
bathrooms) is provided per
child in areas no~ occupied
by cribs times the licensed
capacity and seven~y-five
(75) square feet of fenced
outdoor recreation space is
provided per child using the
space at a given time;
(b) The parking group
~equimments can be met [gl;
(c) Such facility shall supply
loading and unloading of
chi{dran so as not te
obstruct public streets, or
create U:affic or safety
hazards;
(d) All licenses have been
issued or have been applied
for awaiting the outcon~ of
the board's decision;
(e) Signage for a siagle-farcily
hoo~ location shall be
limited to one (1)
nonilluminated, wall-
mounted sign not to exceed
four (4) square feet in area;
and
(fi No group day care center
may be located within the
faciliiy selling, servicing,
repairing or renting vehicles.
[ ] Parking group - See section
4-2 of this ordinance.
Temporary uses. The following uses
shall be pannitted temporary uses in
the C-2 Dis~ct:
(1) Building or trailer for storage of
materiais and/ur equipment
necessary for construction
authorized by a valid building
permit, provided the lecafion of
the building or trailer has been
approved by the building
official.
(2) Any usc listed as a permitted
use within the dis~ct of a
limited duration as established in
Section 2-5,3 and m defined in
Section 8 of this ordinance.
(FI C-2 Bulk regulations.
Front yard setback: 10 feet (20 feet
for garages facing strect)
Side yard setback: 0 feeL*
Rear yard setback: 0 % lot depth.*
Building height: 40 feel
* Except where abutting a
residential or office residen-
tial district, then a 6 foot side
yurd and a 207o lot depth rear
yard setback required,
(0) Parking Requirements. Sec Section
4-2 of this ordinance.
(HI Signs. See Section 4-3 of this
ordinance.
Published officially in the Telegraph
Herald newspaper this 10th day of August,
1992.
Mary A. Davis
It g/lO City Clerk
Council Member Naghi moved final
adoption of the Ordinance. Seconded by
Council Member Voetherg. Carried by the
following vote: Yea~-Mayor Brady,
Council Members Deich, Klu~ner, Kfiag,
Nagle, Nicbolson, Voetberg. Nays--None.
Commanieafion of Acting City Manager
submitting revised text amendment for C-I
District as directed by Council at their
meeting of Snly 20, 1992, presented and
read. Council Member Voetberg moved that
the communication be mcnlved and filed.
Seconded by Council Member Krieg.
Carried by the following vote:
Yeas~Mayor Brady, Council Members
Dcich, Kinesner, Kriag, Nagle, Nicholaon,
Voetberg. Nays--None.
An Ordinance providing that the Code of
Ordinances be amended by revising
Appendix A thereof, also known as the
Zoning Ordinance by repealing Section 3-3.1
C-I Neighborhood Commercial District and
enacting in lieu thereof, a new Section 3-3.1
C-I Neighborhood Commercial District, the
first & second readings given on Sune 15,
1992; Public heating continued from meeting
of July 6 and Jnly 20, 1992, presented for
finai action.
Regular Session, August 3, 1992
318
(OFFICIAL PUBLICATION)
ORDINANCE NO. $8-92
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 REPEALING
SECTION 3-3. I C- 1
NEIGHBORHOOD COMMERCIAL
DISTRICT AND ENACTING, IN LIEU
THEREOF, A NEW SECTION 3-3.1
C-1 NEIGHBORHOOD
COMMERCIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED
BY TIlE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Appendix A of the Code of
Ordinances of the City of Dubuque, Iowa is
hereby amended by repealing Section 3-3.1
C-I Ncigbberhood Commercial Dis~ct and
enacting, in lieu thereof, a new Section 3-3.1
C-1 Neighborhood Commercial District, as
provided in the attached Exhibit A.
Section 2. That the foregoing amendment
has hevatofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa.
Section 3. 'l'hat this ordinance shall take
effect immediately upon publication.
Passed, al,proved and adopted this 3rd
day of August, 1992.
Attest:
Mary A. Davis
City Clerk
"3-3.1
District
James E. Brady
Mayor
EXHIBIT A
C-1 Neighborho~l Commereinl
(A) General purpose and description.
The C-1 District is intended 1o
provide individual perceis for
commercial and residential uses in
older btdidings in the City's
established neighborhoods, while
maintaining neighborhood character
and fostering opportunities for
affordable housing. The C-I District
is not intended to be an expandable
disUint but one that is established on
a very limited basis. Larger
neighborhood comm~rciai districts
are to be established under the C-2
District classification as
neighborhood shopping center
districts.
(B) Prlacipal permitted uses. The
following uses shall be permitted in
the C-I DistricL
(1) Railroads and public or
quasi-public utilities
including substations
[4?]
(2) Single- family detached dweillng s
(3) Two-family dwelling (duplex)
(Ill
(4) Malfifi~rdly dweiling (maximum
six (6) dwelling units)
(5) Townhouses (maximum six (6)
dwelling units) [11]
(6) Schools of private instruction
(7) General offices [14]
(8) Personai Services [14]
(9) Business Services [29]
(10) Barber/beauty shop [16]
(11) Grocery Stere/Drug store
(rn~ximum 3500 square feet)
(12) Bakery (retail only) (19]
(13) Laundromat [22]
(14) Flower/garden
stcae/comm~rcial g~eenhouse
[l?l
(15) Shoe repair [18]
(16) Photographic studio [23]
(17) Sewing/fabtic store [17]
(18) Book/stationery store [17]
(19) Toy-bobby shops [l?]
(20) Sporting goods (saiestYental)
(21) Bicycle shop (saiest~ental)
319
Regular Session, August 3, 1992
(22) Camera~hoto supply sure [17]
[ ] Parking groul~-See Section 4-2
of this ordinance.
(C) Prohibited uses. The following uses
shall he prohibited:
(1) Auto sales/service/mpais/hixly
shop
(2) Auto ~erviee station
O) Bas/tavern
(D) Accessory uses. The following uses
shall be permitted as accessory uses
as provid~ in Secdon 4 of this
(1) Any use customarily
incidental and subordinate to
the principal use it serves.
(E) Conditional Uses. The following
conditional uses arc permitted in thc
C-1 District, subject to the provisions
of Section S of this ordinance and
are the minimum requlzements for
application to the Board of
Adjustment for a conditional use
permit:
(1) Indoor rustaurant, provided that:
(a) The parking group requirements
can he met [20]
(2) Oas stations (not including
setvic~ stations), provided that:
(a) The parking group requirements
can be met [20]
(3) Similar and compatible retail
a~d service oriented uses as
detmmined by the Zoning Beard
of Adjustment provided tho use
would he in an existing public,
quasi public, iustitudonal,
commercial, office ~r industrial
building [47]
~ Temporary Uses. The following uses
shall he parmitted as temporary uses
in the C-I District:
(a) (Reserved for futura use).
(G) Bulk Reguladons.
Front yard setback: 10 feet required
Side yard setback: 0 feet rexluirnd,
except 6 feet required where abutting
a re~sidentiul or office residential
district.
Rmur yard setback: 0 feet xequimd,
except twenty (20) percent lot depth
required where abutting a residential
or office residenfiul distrioL
(H) Parking requirements. See Section 4-
2 of this ordinance.
0) Sign regulations. See Section 4-3 of
lids ordinance.
(J) Standards for Nonresidential U~s.
The following standards shall apply
to all nonresidential permitted and
conditional uses in the C-I District:
1) The uso shall be established in
an existing structure that wus
designed for public, quasi-
public, commercial, office,
institutional, or industrial use.
2) The structure was never
converted to a tusidential use
after the effective data of this
section.
3) The use shall be conducted
en~uly within tho struetm'e.
4) There shall he no outdoor
storage of equipment or
materials on the property or
adjacent public right-of-way.
S) All vehicles in excess of two,
used in conjunction with the use
shall he stored within a building
when they remain on tho
property ovemighi or during
period of nonuse, unless an
alternate parking location is
provided in a properly zoned
6) No mechanical, electrical, or
other equipment which produces
electrical or magnetic
interference, vibration, heat,
glare, odor, noise or other
nuisances shall occur outside the
strneture which houses the use.
Published officially in the Telegraph
Herald newspaper this 10th day of August,
1992.
Mary A. Davis
It 8/10 City Clerk
Council Member Vootherg moved finul
adoption of the Ordinance. Seconded by
Council Member Krlag. Carded by the
following vote: Yeas~Mayor Brady,
Regular Session, August 3, 1992
320
Council Member~ Dnich, Klnesner, Krieg,
Nagle, Nicholson, Voetherg. Nays--None.
Prcof of Publication certified to by the
Publishex on Notlco of Public Heating to
consider an Ordinance by adding
"Chiropraclic Office/Medicul Offices" in the
C-1 Neighborhood Cermneruial District and
communication of Acting City Manager
advising that Staff and Zoning Commission
recomn~nded denial of previous request to
include "Medical Offices as a condilionel use
in C-I locations and requesting Council to
consider whether medical offices can coexist
in C-I residential neighborhoods with
resffictions, presented and read. Council
Membe~ Voetherg moved that the proof and
communication he received and filed.
Seconded by Council Member Krieg.
Carried by the following vote:
Yeas--Mayor Brady, Council Members
Dnich, Kluesnor, Krieg, Nagle, Nioholson,
Voetherg. Nays--None.
An Ordinance amending Zoning
Ordinance by enacting a n~w Section
3.1(E)(4) Medicul Office of not more than
two practitioners mid not more than 2,500
square feet of floor area in
Neighborhood Commercial DisUict as
Conditional Use, ssid Ordinance having been
presented and l~nd at the Council meeting of
July 20, 1992, presented for further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. S9-92
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 ENACTING A NEW SECTION
3-3.1(E)(4) MEDICAL OFFICE OF
NOT MORE THAN TWO
PRACTITIONERS AND NOT
MORE THAN 2,500 SQUARE
FEET OF FLOOR AREA IN A C-1
NEIGHBORHOOD COMMERCIAL
DISTRICT AS A CONDITIONAL
USE.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA:
Section 1. That the City Of Dubuque
Code of Ordinances is hereby an~nded by
adopting the following new Section 3-
3.1(E)(4):
3-3.1 C-1 Neighborhood Commercial
District.
(E) Conditional Uses
"(4) Medical office, provided that:
(a) maximum of two (2) health
prectitioaors a~ defined in Section 8;
(b) maximum of 2,500 squn~ feet of
fleet mca; and
(c) bulk mgulattom and parking
requirements can be met [36]".
Section 2, This ordinance has heretofore
been reviewed by the Zoning Commission of
the City of Dubuque, Iowa.
Section 3. This ordinance shall take
effect immediately upon publication.
Pa~snd, approved and adopted this 3rd
day of August, 1992.
James E` Brady
Mayor
Attest:
Maly A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of August,
1992
Mary A. Davis
It 8/10 City Clerk
Council Memher Vcetberg moved that the
requirement that a proposed Ordinance be
considered and voted on for pa&sage at two
council meedngs prior to the meeting at
which it is to he finally adopted be
suspended and further moved liual adoption
of the Ordinance. Seconded by Council
Member Krieg. Carried by the following
vote: Yeas--Mayor Brady, Council
Members Dulch, Kinesner, Krieg, Nagle,
Nichoison, Voetherg. Nay~None.
Proof of Publication certified to by the
Publisher on Notice of Public Heating to
consider reclassifying preperty located North
of Southern Avenue hetweon Samuel and
Valley Streets from R-2~, OS and R-2
District to POS District, presented and read.
There were no written objeclions and no c~ul
objectors present at the lime of the Hearing.
Council Member Nagin moved that the proof
of publication he received and lEed.
Seconded by Council Member Khiesner.
Carried by the following vote:
ye~s--Mayor Brady, Council Members
Deich, Klnesner, Krieg, Nagle, Nioholson,
Voetherg. Nays--None.
321
Regular Session, August 3, 1992
An Ordinance amending Code of
Ordinances by ranlassifying property located
NOlth of Southam Avenue between Samuel
and Valley Sm;ets from R-2A Altemam
Two-Family Residential Dislrlct, OS Office
S~rvice Dislfict and R-2 Two-Fanfily
Re~iduntiul Disltict Io POS Public Open
Space Dirtricl, said Ordinance having been
pre.hied and read at tha Council rre~ting of
July 20, 1992, pres~ted for further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 60-92
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA
PROVIDING THAT THE CODE
OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BE AMENDED
BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTY LOCATED NORTH
OF SOUTHERN AVENUE
BETWEEN SAMUEL AND
VALLEY STREETS DESCRIBED
FROM R-2A ALTERNATE TWO-
FAMILY RESIDENTIAL
DISTRICT, OS OFFICE SERVICE
DISTRICT AND R-2 TWO-
FAMILY RESIDENTIAL
DISTRICT TO POS PUBLIC OPEN
SPACE DISTRICT.
NOW, TIIEREFORE, BE 1T ORDAINED
BY TIlE CITY COUNCIL OF TtlE CITY
OF DUBUQUE, IOWA:
Section I. That the Code of Ordinance,
City of Dubuque, lows ha attended by
reclassifying hereinafter described prop~'ty
located north of Soutbem Avenue between
Samuel and Valley Streets, to wit:
Mississippi Heights No. 3 and to center
line of the adjoining public fight-of-way,
all in the City of Dubuque, Iowa.
Section 2. That the Code of Ordinancas
of the City of Dubuque, Iowa be amended
by revising Appendix A th~eof, also known
as the Zoning Ordinance of the City of
Dubuque, Iowa, to reclassify hereinafter
dascfibad proparty from OS Offic~ Service
District to POS Public Open Space Distfict
to wit:
Lot 40 of Mineral Lot 39, and to thc
center line of the adjoining public right-
of-way, all in the City of Dubuque, Iowa,
Section 3. That thc Code of Ordinances
of the City of Dubuque, Iowa ha an~nded
by revising Appendix A thereof, also known
as the Zoning Ordincnce of the City of
Dubuque, Iowa, to reclassify hereinafter
de~fil~l property from R-2A Alternate
Two-Family Residcefial District to POS
Public Open Space Dislfict, to wit:
Lot 29 through and including Lot 39, all
of Mineral Lot 39; Lot I throngh and
including Lot 8 of John Breakey's
Addition, and to thc center line of thc
adjoining public fight-of-way, all in the
City of Dubuque, Iowa.
Se~fion 4. That the foregoing amendment
has heretofoxe been aplnovad by the Zoning
Commission of the City of Dubuque, Iowa.
Passed, approved and adopted this 3rd
day of August, 1992.
James E. Brady
Mayor
Attest:
Mary A, Davis
City Clark
Published officially in the Telegraph
HeraM newspaper this loth day of Augt~t,
1992.
Mary A. Davis
It 8/10 City Clerk
Council Member Naglo moved final
adoption of thc Ordinance. Seconded by
Council Member Klncsner. Carried by the
following vote: Yces~Mayor Brady,
Council Members Deich, Kluesner, Kricg,
Nagle, Nicholson, Voetberg. Nays--None.
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to
consider an Ordinance by adding new bulk
regulations in certain sections of thc Zoning
Ordinance, presented and read. There were
no written objections received, Tclry
Dnggan objected to the proposed front yald
setback going from 20' to 30'. Council
Member Voetberg moved that thc proof of
publication be received and filed. Seconded
by Council Member Nngle. Carried by the
following vot~: Yeas--Mayor Brady,
Council Members Kluesncr, Kfing, Nagle,
Nicholson, Voetberg. Nays--Council
Member Dnich.
An Ordinance amending Zoning
Ordinance by adopting new Bulk
Regulations in lieu thereof in Sections 3-
lA(F), 3-1.2(F), 3-1.3(F), 3-1.4(F), 3-1.5(F),
3-2,1(F), 3-2,2(F), 3-3.1(F), 3~3.2(F), 3-
3.3(F), 3-3.40::), 3-3.5(F), 3-3.6(F) and 3-
3.7(F), said Ordinance having been presented
and re, ad at the Counoil meeting of Iuly 20,
1992, prasented for final action.
Regular Session, August 3, 1992
322
(OFFICIAL PUBLICATION)
ORDINANCE NO. 61-92
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 REPEALING THE PRESENT
BULK REGULATIONS AND
ADOPTING NEW BULK
REGULATIONS IN LIEU
THEREOF IN SECTIONS 3-1.1(F),
3-L2(F), a. La(F), 3-1.4(F), 3.1.5(F),
3.2.1(F), 3-2,2(F), 3-3.1(1;3, 3-3.2(F),
3-3.30% a.aA(F), 3-a.S(F),
AND a.a.7(F).
NOW, TtlEREFORE, BE IT ORDAINED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA:
Section I. Appundix A of the Code of
Ordinances of thc City of Dubuque, Iowa. is
hereby amended by mpeuling the present
bulk regulations and adopting new bulk
regulations in lieu thereof in Section 3-
lA(F), Seotion 3-1.2(F), Se~tlon 3-1.3(F),
Section 3-1,407), Section 3-1.5(F), Section 3-
2.1(F), Section 3-2.2(F), Sez:tion 3-3.1(F),
Section 3-3.2(F), Section 3-3.3(F), Section 3-
3.4(F), Section 3-3.5(F), Section 3-3.6(F),
and Section 3-3.7(F) as provided in the
atte~bed Exhibit A.
Section 2. That the foregoing amendment
has beretoforc been reviewed by thc Zoning
Commission of the City of Dubuque, Iowa.
Section 3. That this ordinance shall take
effect immedia~ly upon publication.
Passed, approved and adopted this 3rd
day of August, 1992.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
323 Regular Sesslon, August 3, 1992
EXHIBIT A
3-1.1 (F) R-1 BULK REGULATIONS
Regular Session, August 3, 1992 324
EXHIBIT A
3-1.3 (F) R-2A BULK REGULATIONS
Lot R~r
Permitted Uses
Sinsl~-F~mi~y
R~idetxfial 6 60 40 20 50 6 20 30
(5~ S~t ~5.10)
Conditional U~s
EXHIBIT A
3-1.2 (F) R-2 BULK REGULATIONS
Lot Rear
Permitted Uses
Single-Fanfi]y
Conditional Uses
50 40 20 50 6 20 30
50 40 20 50 6 20 30
25/DU 40 20 50 6/0 20 30
100 40 20 20 20 30
50 40 20 6 20 30
50 40 20 6 20 30
Permitted Uses
Conditional Uses
EXHIBIT A
3-1.4 (F) R-3 BULK REGULATIONS
Lot Re. ar
Permitted Uses
Two-Family
Mulfi-F~Hy
(M,x, 6 D~
Conditional U~s
5 50 40 20 50 4 20 30
5 50 40 20 50 4 20 30
50 40 20 4 20 30
50 40 20 50 10/0 20 30
50 40 20 4 20 30
50 40 20 4 20 30
100 40 20 20 20 30
100 40 20 20 20 30
100 40 20 20 20 30
325 Regular SesSion, August 3, 1992
EXHIBIT A
3-1.5 (F) R-4 BULK REGULATIONS
Let Rear
Permitted Uses
Conditional Uses
EXHIBIT A
3-3.4 (F) OS BULK REGULATIONS
All Permitted Uses o o o 75
Regular Session, August 3, 1992 326
EXHIBIT A
3-2.1 (F) OR BULK REGULATIONS
Permitted Uses
20* 20 40
327 Regular Session, August 3, 1992
EXHIBIT A
3-3.1 (F) C-1 BULK REGULATIONS
EXHIBIT A
3-3.1 (F) C~2 BULK REGULATIONS
EXHIBIT A
3-3.3 (F) C-3 BULK REGULATIONS
GROUP DAY CARE CENTERS
ALL OTHER PERMITTED AND CONDITIONAL USES
Regular Session, August 3, 1992 328
EXHIBIT A
3-3.5 (F) C-5 BULK REGULATIONS
EXHIBIT A
3-3.6 (F) CS BULK REGULATIONS
EXHIBIT A
3-3.7 (F) CR BULK REGULATIONS
329
Regular Session, August 3, 1992
Published officially in the Telegraph
tlerald newspaper this 10th day of August,
1992.
Mary A. Davis
It 8/10 City Clerk
Council Member Voetberg moved final
adoption of the Ordinance. Seconded by
Council Member Nagle. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Kluesner, Kfieg. Nagle,
Nicholson, Vcetberg. Nays--Council
Member Dalch.
BOARDS AND COMMISSIONS
APPOINTMENTS
~t to TV~
Commission:
One three year term which will expire
June 30, 1995 (term of G. Boulfinghouse).
Applicants: C. V. (Call) Boulfinghouse.
Council Member Voetberg moved that Gil
Boulfingbouse be mappolnted to the TV
Cable Regulatory Commission for a three
year term which will expire June 30, 1995.
Seconded by Council Member Nichoison.
Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kinusner, lgaing, Nngle, Niehoison,
Voatberg, Nays--None.
Communication of Robert Rosenow
requesting to address the Council regarding
City policy on hiring mplacemunts for city
jobs, presented and read. Robert Rosenow,
1420 Glen Oak, spoke to the commuuleafion.
Council Member Krieg moved that the
communication be received and filed and
referred to Staff to rupert what our hiring
policies ate for City employees and elmlfy
what percentage am supervisory.
Seconded by Council Membea' Nicholmn.
Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kinesner, Krleg, Nngle, Nicholson,
Voethe~. Nays--None.
Communication of Airport Commission
~quesfing additional funds in an mount not
m exceed $10,000 m be used for Airline
Service Presentation, presented and reed.
Amie Honkemp of the Airport Commission
and Bob O'Bfien, Airport Manager, spoke to
the request. Council Member Kring moved
that the communication be received and fried
and approved with funds m come from
existing Aiqaort budget. Seconded by
CounelI Member Niebolson. Carded by the
following vote: Yeaa--Mayox Brady,
Coune'fl Members Deich, Kluezner, Yaing,
Naghi, Nicholson, Voctberg. Nays--None.
Council recessed at 9:03 p.m.; Council
reconvened at 9:26 p.m.
Communication of Acting City Manager
requesting endorsement of an application to
the lowa tIOME Program, for a mixed
income honsing use of the "Bishop Block"
building, presented and read. Council
Member Voatberg moved that the
communication be ~ceived and filed.
Seconded by Council Member Nichulson.
Carried by the following vote:
Yeas~Mayor Brady, Coundl Members
Deich, Khiesner, Krieg, Nngle, Nieholson,
Voetberg. Nays--None.
RESOLUTION NO. 262-92
A RESOLUTION ENDORSING A
PROPOSAL FOR RESTORATION
AND REHABILITATION OF THE
BISHOP BLOCK BUILDING FOR
A MIXED-INCOME RESIDENTIAL
DEVELOPMENT.
Whereas, the City of Dubuque has made
considerable public investment in the Ice
Harbor mca, with tile intention of enhancing
and promoting the restomtlon of the adjacent
Old Main district, for both commercial and
residential purlx>ses; and
Whereas, the City continues to experience
a shortage of rental housing affordable to
lower-income households; and
Whereas, the Gleichman Company
proposes to rehabilitation the "Bishop Block"
building located in the Old Main area, into a
mixed-income residential development; and
Whereas. such rehabilitation will provide
a positive influence on private investors
considering restoration efforts in this
neighborhood; and
Whereas, such rehabilitation will provide
additional needed affordable rental housing
units; and
Whereas, the Gleichman Company has
requested a statement of endorsement of its
proposal m rehabilita~ and undertake this
project.
NOW, THEREFORE. BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The proposal to restore and
rehab'flitate the Bishop Block building is in
the public interest and is endorsed and
supported.
Regular Session, August 3, 1992
330
Section 2. The City Clerk is hereby
directed to forward a certified copy of this
resolution to the Iowa Department of
Economic Development, in support of the
Gl~ichman Company's application for
IlOME Program funds.
Passed, approved and adopted this 3rd
day of August, 1992.
Attest:
Mary A, Davis
City Clerk
Council Member
lames E. Brady
Mayor
Voetberg moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Canied by the
following vote: Yeas--Mayor Bredy,
Council Members Deich, Kluesner, Krlng,
Naghi, Nicholson, Voetberg. Nays--None.
Communication of Acting City Manager
requesting approval for the increased honesty
bond coverage for the City Treasurer,
Finance Director, Administrative Services
Manager and City Manager, presented and
reed. Council Member Vcetherg moved that
the commuulcation be received and filed and
approved request. Seconded by Council
Member Nichulson. Carded by the
following vote: Yeas--Mayor Brady,
Council Members Dalch, Kluesner, Krieg,
Nagle, Nieholson, Voetborg. Nays--None.
RESOLUTION NO. 263-92
APPROVING AND AUTHORIZING
A LOAN AGREEMENT AND
PROVIDING FOR THE ISSUANCE
OF A GENERAL OBLIGATION
INVESTMENT RECOVERY NOTE
1N THE AMOUNT OF $4,200,000
AND PROVIDING FOR THE
LEVY OF TAXES TO PAY THE
SAME.
Whereas, pursuant to the provisions of
Section 384.24A of thc Code of Iowa, the
City of Dubuque, Iowa (the "City"), has
heretofore proposed to contract indebtedness
and enter into a loan agreement in the
principal amount of $4,200,000 (the "Loan
Agreement") to provide funds for the
purpose of the restoration and replacement
on a permanent or temporary basis of the
City's "investment loss" as authorized and
defined by Chapter 220 of the Code of Iowa,
as amended by Senate File 2064 of the 74th
General Assembly of the State of Iowa, (an
"Investment Loss"), which funds shall be
used for the purpose of funding the City's
outstanding linl~llty to the Municipal Fire
and Police Retirement System of Iowa; and
Wberea$, the City has suffered an
Investment Loss, which loss has not been
returned within ten days after demand
therefor has been made; and
Whereas, a portion of the proceeds of the
monies borrowed by the City uader the Loan
Agreement will be used to pay a portion of
the costs of issuance under the terms of an
Indenture (the "Indenture") between the Iowa
Finance Authority (the "Auillority") and
Nonvest Bank Iowa, Nadonul Association
(the "Trustee") pursuant to which the
Authority will issue its municipal Investment
Recovery Bonds, 1992, Series A and 1992
Series B (the "Bonds") to provide proceeds
for the making of loans to municipalities
wlfich am eligible to pafficipate in the
Municipal Investment Recovery Program
(the "Program"); and
Whereas, a public heating, after notice
duly given, was heretofore held on the
proposed action of the City to enter into the
Loan Agreement and the City has
determined to proceed with the approval of
the Loan Agreement;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA AS FOLLOWS:
Section 1. The City hereby determines to
enter into the Loan Agreement with the
Trustee and the Authority. in substantially
the f~m attached hereto as Exhibit A,
providing for a loan to the City in tho
prinulpal amount of $4,200,000 for the
ptupose or purposes set forth in the preamble
bemof (the "Loan").
The Loan Agreement is hereby approved,
and the Mayor and City Clerk are hereby
authorized and directed to execute the Loan
Agreement and the Note (As hereinafter
defined) on behalf of the City.
Section 2. A general obligation
investment recovery note (the "Note") is
hereby authorized to be issued in evidence of
the obligation of the City under the Loan
Agreement, in the tMncipal amount of
$4,200,000, maturing on lune I in each of
the ye~s, in the principal installment
amounts and bearing interest at the
respective rates per annum set forth below:
Year Principal Interest
Per Annum Installment Amount Rate
1994 $ 980,000 4.65%
1995 $1,020,000 5.15%
1996 $1,070,000 5.75%
1997 $1,130,000 6.15%
331
Regular Session, August 3, 1992
The Note shall be dated as of the date of
thc closing and settlement of the mile of thc
Bonds.
The City Clerk is hereby designated as
the Registrar and Paying Agent for the Note
and may be heralnafter referred to as the
'Registrar" or the "Paying Agent*.
The City reserves the right to prepay the
Note pursuant to the terms of the Loan
Agreement
If the City recovers any portion of the
investment lo~s replaced by the Loan
("Recovered Funds"), the amount recovered,
to the extent necessary to satisfy the
obligations of the City remaining under the
terms of the Loan Agreemant, shall be
immediately forwarded to the Trustee to be
placed in the Authofity's Recovery Account
in the Bond Fund established pursuant to the
terms of the Indenture. As more fully
detailed in the Indenture, the Tmstne shall
hold the Recovered Funds until tbe first date
on which the Recovered Funds am applied to
an extraordinmy redemption of the Bonds,
and on such date the principal amount due
on the Note shall be zeduced by the amount
of the Recovered Funds applied to tho
payment or redemption of the principal of
the Bonds. The City will ~ive credit
toward histallments due on the Note for the
amount of any investment earnings on such
Recovered Funds and such other funds of the
City (to the extent such funds ~L~ not subject
to rebate to tho federni govemmen0 while
such funds were held by the Trustee.
Principal payments on the Note shall be
due on lane 1 of each year, commencing
June 1, 1994. Interest on the Note shnil be
payable December 1, 1992, and semiannually
thereafter on the fn'st day of June and
December in each yum'. Principal and
interest payments shall be credited to the
Note on the fifteenth day of each such
month, the dale upon which holders of the
Bonds are sent interest payments. Payment
of principnl and interest on the Note shall be
made to the registered owner appearing on
the registration books of the City al the ciose
of business on the fifteenth day of the month
next pre, ceding the payment date mad shall be
paid by wire transfer, check or diaft to the
registered owner pursuant to wire transfer
instructions received from the registered
owner or mailed to the registered owner at
the address shown on such registration
books; provided, however, thai the final
iustaliimnt of pfincipni and interest shall be
payable only upon presentation and surrender
of the Note to the Paying Agent.
Upon the occurrence of a default in the
due and punctual payment of any installment
of principal of or interest on the Note,
whether al the stated rnalmity or due date
thereof, and failure to remedy the same
within l0 days of the default, the Authority
or the Trustee, by notice in writing sent to
the City, may declare the principal of and
premium on the Note then outstanding (if not
then due and payable) and the interest
accrued thereon to be due and payable
inuredialciy, and upon such declaration, all
of such principal, premium, if any, and
interest shell become immediately due and
payable,
The Note shafi be executed on behalf of
the City with the official manual or facsimile
signetma of the Mayor and attested with the
official manual or facsimile signature of the
City Clerk and shall have the City's seal
impressed or printed thereon, and shall be a
fully registered note without interest
coupons. In case any officer whose
signalum or the facsimile of whose signature
appears on the Note shall cease to be such
officer before the delivery of the Note, such
signature or such facsimile signature shall
nevertheless be valid and sufficient for all
purposes, the same as if such officer had
remained in office until delivery of the Note.
The Note shall not be valid or become
obligatory for any purpose until the
Certificate of Authentication thereon shall
have been signed by the Registrar.
The Note shall be fnily registered as to
principal and interest in the narr~ of the
owner on tho registration books of the City
kept by the Registrar, and after such
registration, payment of the pfincipal thereof
and interest thereon shall be made only to
the registered owner or legal representative
or assign. The Note shall be transferable
only upon the registration books of the City
upon presentation to the Registrar, together
with either a written instrument of transfer
sa6sfactory to the Registrar or the
assignment form thereon completed and duly
executed by the registered owner or the duly
authorized arC.ney for such registered
The record and identity of the owner of
the Note shnll be kept confidential as
provided by Section 22.7 of the Code of
Section 3. The Note shall be in
substantially the following form:
Regular Session, August 3, 1992
332
(Form of Note)
UNITED STARES OF AMERICA
STATE OF IOWA
COUNTY OF DUBUQUE
CITY OF DUBUQUE
GENERAL OBLIGATION INVESTMENT
RECOVERY NOTE
No. .$4,200,000
NOTE DATE.'._____~,_._~_, 1992
The City of Dubuque (the "City"), in the
County of Dubuque, State of Iowa, for value
received, promises to pay in the manner
heralnafter provided to the IOWA FINANCE
AUTHORITY (the "Authority"), or
registetvzl assigns, the principal sum of
FOUR MILLION TWO HUNDRED
THOUSAND DOLLARS together with
intrust on the outstanding principal hereof
from the date of this Note, or from the mast
recent paymant date on which interest has
been paid or credited, except as the
provisions hereinafter set forth with respect
to prepayment or default prior to maturity
may be or become applicable hereto.
Interest on this Note, which shall be
calculated on the bags of a 360-dey year of
twelve 30-day months, shall be payable
semiannually on June I and December 1
commencing De, comber 1, 1992. Principal
of this Note shall bo payable in annual
principal installmants on June 1 in each of
the respective yeats, in the respective
principel installments amounts, and each of
such installments shall bear interest at the
reSlX~CtiVe rotes, as follows:
Year Principal Interest
Per Annum Installment Amount Rate
1994 $ 980,000 4.65%
1995 $1,020,000 5.15%
1996 $1,070,000 5.75%
1997 $1,130,000 6.15%
provided, however, that the payments of
principal and interest will be credited to the
Note on the 15th day of e.~h such month.
Upon the occurrence of a default in the
due and punctual payment of any installment
of principal of or interest on this Note,
whether at the stated maturity or due date
hereof, and failure to remedy the same
within 10 days of the default, the Authority
or the Trustee, by notice in writing sent W
the City, may decia~ the principal of and
premium, if any, on this Note then
outstanding (if not then due and payabin)
and the intexeat accrued hereon to be due
and payable immediately, and upon such
deciarndon, all of such lnindpni, premium, if
any, and interest shall becora~ immediately
due and payable.
Both gdncipal of and interest on this Note
are payable to the registered owner
appea~ng on the registration books of thc
City maintained by tho CRy Clerk
(hereinafter referred to as the "Registrar" or
the "Paying Agant") at the uluse of business
on the 15th day of the month next praceding
the payment date in lawful money of the
United State of America by wire transfer,
check or draft pumuant to wire mmsfer
instructions provided by the registered owner
hereof or mailed to the registered owner at
the eddmss shown on such registralion
This Note shall not be valid o~ become
obligatory for any purpose until the
Certificate of Authentication hereon shall
have be~n signed by the Registrar.
This Note is issued by the City to
evidence its obligation under a certain Loan
Agreement, dated as of July 1, 1992 (tho
"Loan Agreement") entered into by tho City
for the purpose of prodding funds for the
restoration and replacement, on a permanent
or temporary basis, of the City's investment
loss as authorized and defined by Chapter
220 of the Code of Iowa, as amended by
Senate File 2064 of the 74th General
Assembly of the State of Iowa, to evidence
the obligation of the City to pay the Loan
Charge (as defined in tho Loan Agreement)
and to provide for a portion of the costs of
issuance of the Authorlty's Bonds relating to
the Municipal InvesUnent Recovery Program
(the *Program*).
This Note is issued pursuant to and in
strict compliance with the provisions of
Chapter 384, 220 and 76 of the Code of
Iowa, 1991, and ell other laws amendatory
thereof and supplemental thereto, and in
conformity with a resolution of the City
Council authorizing and approving the Loan
Agreement and providing for the issuance
and securing the payment of this Note (the
"Resolution"), and reference is hereby made
to the Resolution and the Loan Agreen~nt
for a more complete statement as to the
source of payment of this Note and the rights
of the owners of this Note.
The City reserves the fight to prepay that
portion of ~ Note maturing after June 1,
1995, in whole on any Business Day, or in
part on any interest payment date, on or after
June 1, 1995, prior to and in inverse order of
maturity upon teams of par and accrued
333
Regular Session, August 3, 1992
inte~st plus any prepayment premium on the
Bonds. Tins Nora ~y ~ ~ in ~ in
one or ~m u~ of $5,~. No~ of s~h
p~y~nt
~on of
~ by ~fi~
ewer ~e~f at ~e edd~ss sho~ on &e
~ty's ~gis~fi~ ~ ~t le~ &~ 30 ~r
~ ~ 45 days prior to s~h p~y~nt
da~. ~e ~fion of ~is No~ ~ to w~ch
· e Ci~ ~ ~d exerd~s ~o tight of
p~y~nt
~s~d
prepay~nt of which funds ~ d~y
provld~, s~ ~e to ~ in~r~t u~n
· ~ ~empfion of
p~ay~nt of ~s Note.
If &e
inv~nt l~s ~ac~ by
CReeover~ F~ds"), ~e ~ant ~ve~,
to ~o ex.ut nec~s~ to satisfy
ob~gafions of
~ of
i~y fo~
pla~ in ~ Au~ty's R~ov~ A~o~t
in ~e B~d Fund es~in~bed p~s~t
~ of ~e ln~nt~. As ~ f~y
de~ in ~e lndetuu~, ~e Tms~ s~
hold ~e Re~v~ Fun~
on w~ch ~e R~ove~ Fund~ ~ app~ to
~ ex~i~ r~empfion of ~e Bonds,
~d on such ~te ~o ~ncip~ ~unt due
un ~s N~ sh~ ~ r~u~ by ~e ~o~t
of ~e Re~ve~ Funds a~
pfincipfl ~y~nt
pfinci~ of
r~ive c~t ~w~ ins~n~ due on
No~ f~ &e ~onnt of ~y inv~nt
~ngs on such R~ov~ F~ds ~d s~h
o~ fu~s of ~e ~ty (~ ~e ex.ut ~y
~ not subject ~ ~te to ~e fed~
govem~nO while such fun~ were hdd by
~e Tr~t~.
Th~ No~ is f~ly negotiable but sh~
f~y rngis~
interest
~ of
Re~s~,
v~d u~ess ~e
o~y u~n ~senmfion of
Re~, rage&er
ins~u~nt of ~sf~ s~sf~ ~ ~e
Re~s~ ~ ~e ~gn~nt f~ be~n
co~le~
~s~ own~ ~ ~o d~y au~o~
a~ey for ~uch ~gis~ owner.
The ~ty, ~e Rngis~ ~d ~ Pang
Agent ~y ~m ~d
owner he~f
p~se of ~xv~g pay~nt of ~ on
ac~unt of ~nei~ h~of, p~u~ if
and interest due hereon and for ail other
purposes, and the City, the Registrar and the
Paying Agent shall not be affected by any
notice to the contrary.
It is Hereby Certified and Recited that all
acts, conditions and things required by the
laws and Constitution of the State of Iowa,
to exist, to be had, to be done or to be
performed precedent to and in the issue of
this Note were and have been properly
existent, had, done and performed in regular
and due form and time; that provision has
been made for the levy of a suffieient
continuing annual tax on all the taxable
property within the City for the payment of
the principal of and interest on this Note ss
thc same will respectively become due; that
the faith, credit, revenues and resources and
all the real and personai property of the City
are irrevocably pledged for the prompt
payment of this Note, including ptinulpal,
premium, if any ~nd interest; and that the
total indebtedness of the City, including this
Note, does not exceed any constitutional or
statutory limitations.
IN TESTIMONY WHEREOF, the City of
Dubuque, Iowa, by its City Council, hss
caused this Note to be sealed with its official
seal, to be executed with the signature of its
Mayor and attested with the signature of its
City Clerk, all the__ day of..._.._.._, 1992.
Attest: CITY OF DUBUQUE, IOWA
By:
City Clerk Mayor
(S~a)
Registration Date:
REGISTRAR'S CERTIFICATE
OF AUTHENTICATION
This Note is the Note described in the
within-mentioned Resolution.
By:
CITY OF DUBUQUE, IOWA
City Clerk
ABBREVIATIONS
The following abbreviations, when used in
this Note, shail be construed as though they
were written out in full according to
applicable laws or regulations:
Regular Session, August 3, 1992
334
TEN COM - as tenants in common
UTMA
(Custodian)
TEN ENT - ss tenants by the entireties us
Custodian for
(Minor)
JT TEN - os joint tenants with tight
of survivorsinp and not ss under Uniform
Transfexs to Minors Act tenauts in common
(State)
Addifionul abbreviations may also be used
though not in the list above.
ASSIGNMENT
For valuable consideration, receipt of
which is hereby acknowindgnd, the
undersigned assigns this Note, without
recourse, to NORWEST BANK IOWA,
NATIONAL ASSOCIATION, 666 Walnut,
Des Mdines, IA 50309.
Dated:
IOWA FINANCE AUTHORITY
By:
Ted R. Chapler
Executive Director
NOTICE: The signature to this
Assignment must correspond with tho
nara~ of the registered owner aa it appears
on this Note in every particular, without
aBarafion or enlargement or any change
whatever.
Section 4. The Note shall be executed as
herein provided os soon after the adoption of
this resolution os may be possible, and
thereupon it shall be delivered to the
Registrar for registration, authentication and
delivery to thc Authority, to be held by the
Authority in escrow until disbursemcet of the
Loan Proceeds and closing of the Bonds, and
all action heretofore taken in connecthm with
the Loan Agreemen! is hereby ratified and
confirmed in all respects.
Section 5. Unless the payment of
ptineipal of and interest on the Note is
otherwise timely paid from another source of
legally available funds (and the following
relevant levies are abated), for the purlx~e of
providing for the levy and collection of a
direct annual tax sufficient to pay the
principal of and interest on the Note as the
same becomes due, there is hereby ordexed
levied on all the table property in the City in
each of the years while the Note is
outstanding, a tax suffieient for that purlxxsn,
and in furthemuce of this provision, but not
in limitation thereof, there is hereby levied
on all the taxaile property in the City the
following direct annual tax fc~ collection in
each of the foilowing fiscin years, to-wit:
For collection in the fiscal year
beginning July 1, 1993, sufficient to
produce the net annual sum of
$1,428,056.89;
For collection in the fiscal year
beginning July 1, 1994, sufficient to
produce the net annual sum of
$1,203,550.00;
For collection in the fiscal year
beginning July 1, 1995, sufficient to
produce the net annual sum of
$1,201,020.00;
For collection in the fiscal year
beginning July 1, 1996, sufficient to
produce the net annual sum of
$1,199,495.00.
A certified copy of tins resolution shall be
filed with the County Auditor of Dubuque
County, and said Auditor shall be and is
hereby instructed to enter for collection and
ssseas the tax hereby authorized. When
annually entering such taxes for collection,
the County Auditor shall include the same as
part of the tax levy for Debt Service Fund
purposes of the City and when collected, the
proceeds of tho taxes shall be deposited into
the Debt So-vice Fund of the City and set
aside therein in a special account to be used
soluly and only for the payment of the
principal of, premium, if any, and interest on
the Note hereby authorized and for no other
purpose whatsoever. The payment of
principal, premium, if any, and interest
failing due in any year or years shall, if
necessaxy, be paid promptly from eurcent
funds on hand in advance of taxes levied and
when the taxes shall have been collected,
reimbursement shall be made to such current
funds in the sum thus advanced.
The City hereby pledges thc faith, credit,
and personal property of the City for the full
and prompt payment of the principal of,
premium, if any, interest, and all charges
Section 6. The Preliminary Official
Statement and the Final Of Bciai Statement
relating to die Bonds, in substantiaily the
form befm'e this Council, but with such
additional changes, modifications,
amendments, ~vislons and alterations therein
os the Executive Director of the Authority
shall, in the exercise of his sound judgment
and upon advice of counsel, determine to be
335
Regular Session August 3, 1992
necessary, proper, appropriate, advisable or
desirable in order to effectuate the issuance
sale and delivary of the Bunds, are huroby
authorized and approved as to mattsrs
relating to the City.
Section 7. All resolutions or pm-ts thereof
in co~f~ct harewlth be ged the same are
hereby repealed to the extent of such
conflict.
Passed and approved August 3, 1992.
Mary A. Davis
City Clerk
Samos E. Brady
Mayor
Council Member Kring moved adoption
of the Re~olmiou. Seconded by Council
Member Nicholson. Carried by the
following, vote: Yeas--Council Members
Dcich, Klueaner, Kriag, Nicholsun, Voetberg.
Nays--Mayor Brady, Council Member
Nagie.
Communication of Acting City Manager
advising of un emergency repair to be made
on the retaining wall adjacent to 1762 N.
Main St. and requesting authorization to set
aside the normal public hearing and bidding
procedures due to emergency nature,
pl~ented and read. Council Member Krlng
moved that the communication be received
and filed. Seconded by Council Member
Vuntberg. Canled by the following vote:
Yeas--Council Members Delch, Kinesner,
Kring, Nngle, Voetberg. Nays--Mayor
Brady, Council Member Nleholeen.
RESOLUTION NO. 264-92
Whereas, the limestone retaining wall
located at 1752 N. Main Streat has been
found to be in a state of disrepair and is
determined to be a dangerous structure under
Section 364.12(3)(c) of thc Code of Iowa$
and
Whereas, Roger J. and Gloria G. Schiesl
are owners of tho prope~y upon which said
retaining wall is located, and are the
responsible pa~es for the repair and
maintenance of said retaining wall; and
Wbemas, the City has given notice to
Roger L and Gknia O. Schinsl, dated May 7,
1992 te repair thc retaining wall prior to
May 13, 1992, but no action has been mkun
by them to repa~ the wall; and
Whereas, it is now necessary for the City
to perform the necessary repair and assess
thc cost against the property pursuant to
Section 364.12(3)(c) and (h) of the Code of
lows.
NOW THEREFORE, BE IT RESOLVED
BY TItE CITY COUNCIL OF TItE CITY
OF DUBUQUE, IOWA:
Section I. That the delay resulting from
of a public hearing and advertising for bids
might cause serious loss, or injury to thc
city.
Section 2. That the City Council deems
the emergency repair of this retaining wall
by thc City of Dubuque to be necessary for
the public welfare as ccrdfied by Dennis
Wangh, IIW Engineers and Surveyors, P.C.,
a professional engineer, not in thc regular
employ of the City.
Section 3. That the City Manager is
bemby authorized and directed to enter into
a purchase order agreement with Hayward
Baker Company of West Des Moines, Iowa
for the repair of the Sehiesl retaining wall in
the estimated amount of $135,000.00.
Section 4. That upon completion of thc
repair, thc cost shall be assessed against the
property at 1752 Main Street pursuant to
Scedou 364.12(3)(c) and 01) of the Code of
Iowa.
Passed, approved and adopted this 3rd
day of August, 1992.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Cierk
Council Member Faing moved adoption
of tho Resolution. Seconded by Council
Member Voetberg. Carried by thc following
vote: Yeas--Council Members Dulch,
Kluesner, Krieg, Nagle, Vootberg.
Nays--Mayor Brady, Council Members
Nichulson.
Council Member Nicholson f~ther moved
to begin negotiation process to purchase
property at 1762 N. Main St. Seconded by
Council Member Nagle. Vote on the motion
was as follows: Yeas---Council Members
Nagle, Nicholsou. Nays--Mayor Brady,
Council Members Delch, Klecsner, Kring,
Voetberg. MOTION FAILED.
Communication of Acting City Manager
submitting Technical Amendments to the
Human Relations Ordinance making it
"Substantially Equivalent" to the Federal Fair
Housing Laws and requesting adoption of
Regular Session, August 3, 1992
336
Ordinance, presented and read. Council
Member Vootburg moved that the
communication be received and filed.
Seconded by Council Mcmhet Nicholsou.
Carried by the following vote:
Yeas--Mayor Brady, Council Members
Dnich, Klnesner, Kfiag, Nagie, Nicholson,
Voetberg. Nays--None.
An O~dinanee amending Chapter 27 of
thc Code of Ordinances by enacting in lieu
new Sections 27-131(6XC)(fil) relating to
prohibited practices in Housing, Section 27-
132(1)(A)(iil) and 27-1320), relating to
exemptions from Fair Housing Statute,
Section 27-138(3), relating to Fak }lousing
Enforcement by Human Rights Commission
and 27-144, providing for the
aforementioned prohibited practices and
exemptions regarding discrimination in
housing, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 62-92
AN ORDINANCE AMENDING
CHAPTER 27 OF THE CODE OF
ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, BY
REPEALING SECTION 27-
131(6)(C)(111), RELATING TO
PROHIBITED PRACTICES IN
HOUSING, SECTION 27-
132(l)(A)(ill) AND 27.132(3),
RELATING TO EXEMPTIONS
FROM FAIR HOUSING STATUTe,
SECTION 27-138(3), RELATING
TO FAIR HOUSING
ENFORCEMENT BY HUMAN
RIGHTS COMMISSION AND 2%
144, RELATING TO
INTERFERENCE, COERCION, OR
INTIMIDATION IN THE
EXERCISE OR ENJOYMENT OF
RIGHTS UNDER THE CHAPTER
AND ADOPTING IN LIEU
THEREOF NEW SECTIONS 27-
131(6)(C)(1il), 27-132(1)(A)0li), 27.
132(3), 27-138(3), AND 27-144,
PROVIDING FOR THE
AFOREMENTIONED
PROHIBITED PRACTICES AND
EXEMPTIONS REGARDING-
DISCRIMINATION IN HOUSING.
NOW THERFA~ORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1, Thc Code of Ordinanees of the
City of Dubuque, Iowa, is amended by
repealing Section 27-131(6)(C)(ili) and
adopting new Section 27-131(6)(CXiii) in
lieu thereof as follows:
"Sec. 27-131. Prohibitions.
(6) (C). Fc~ptuposes of this subsection,
discrimination includes:
(iii) In connection with the design and
construction of covered multi-family
dwellings for f~rst occupancy after
March 13. 1991, a failure to design
and consU'ect those dwellings in such
a manner that:
(a) Thc public use and common uso
portions of such dwclUngs arc
readily accessible to and usable
by disabled persons;
(b) Ail the doors d~igued to allow
passage into and within all
premises within such dwellings
a~ sufficiently wide to allow
passngc by disabled persons in
wheelchairs; and
(c) All premises within such
dwellings contain the following
features of adaptive design:
i) An accessible route into and
through the dwelling;
ii) Light switches, electrical
other environmental controls
in accessible locations;
iii) Reinforcements in bathroom
walls to allow later instal-
lation of grab bars; and
iv) Usable kitchens and
hathrooms such that ~m
individual in a wheelchair
can maneuver about thc
Section 2. The Code of Ordinances of the
City of Dubuque, lows, is amended by
repeaiing Section 27-132(1)(A)(iii) and
adopting new Section 27-132(1)(A)(fil) in
lieu thereof as follows:
"Se~. 27-132. Exemptions.
(1) Nothing in Section 27-131 of this
Article other than subsection (3) shall apply
(A) Any single-family house sold or
rented by an owner provided that:
(iii) The bona fide private
individual owner does
not own any interest in,
337 Regular Sesslon, August 3, 1992
nor is ~ owned or
behalf, under express of
volunte~ ngreemen~.
to, or any right to all or
a portion of the proceeds
from the sale or rental of
mom than throe (3) such
single-family houses at
one tin~;"
Sectiun 3. Tbe Code of Ordinances of the
City of Dubuque, lown, is ~uneaded by
repealing Secthm 27-132(3) and adopting
new Section 27-132(3) in lieu thereof as
follows:
"Sec. 27-132. Exemptions.
O) Nothing in fids Article shall prohibit
a religious organization, associalion, or
society, or any nonprofit institution or
organization operated, supervised or
contxolled by or hi conjunction with a
religious organization, association, or society,
fmmlimiting the sale, renal or occupancy of
dwellings which it owns or ooezates for other
than a comn~rcial purpose to persons of the
same religion, or from giving preference to
such potions, unless n~mbership in such
religion is restricted on account of race,
color, sex, familial status, national origin,
creed, age, or disability. Nor shall anyfidng
in this subehapter prohibit a private club not
in fact open to the public, which as an
incident to its prlma~ purple or ptul0oses
provides lodging which it owns or operates
for other occupancy of such lodging to its
members or from giving preference to its
members."
Section 4. The Code of Ordinances of the
City of Dubuque, lown, is amended by
repealing Section 27-138(3) and adopting
new Section 27-138(3) in lieu thereof as
follows:
"Sec. 27-138. Enforcement by
commission.
(3) Rights of parties. At a heating under
fids section, each party may appear in
person, be represented by counsel, present
obtain the issuance of subpoenas under
Section 27-137. Any aggrieved person may
intervene as a l~rty in the proceeding, The
Iowa Rules of Evidence aPPly to the
presentation of evidence in such hearing as
they would in a civil action in the Iowa
Scedon 5. The Code of Ordlnancus of the
City of Dubuque, Iowa, is amended by
repealing Section 27-144 and Mooting new
Section 27-144 in lieu thereof as follows:
"Sec. 27-144. Interference, ccercion, or
intlmidatio~; enforcement by civil action. It
shall be unlawful to ccerce, intimidate,
threaten, or inteffe~ with any person in the
exereise or enjoyment of, ct on account of
such person having aided or encouraged any
other person in the exercise or enjoyment of,
any right granted or protected by this Article.
Section 6. Effective date.
This ordinance shall take effect upon
publication.
Passed, approved and adopted fids 3rd
day of August, 1992.
fames E. Brady
Mayor
Attest:
Mmy A. Davis
City Clerk
Published officially in Telegraph Herald
newspaper this 10th day of August, 1992.
Mary A. Davis
It 8/10 City Clerk
Council Member Voetberg moved that
fids be considered tho first readhig of the
Ordinance, and that the requirement that a
prooosed 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 the Ordinance. Seconded
by Council Member Nieholson. Carried by
the following vote: Yeas---Mayor Bredy,
Council Mcmber~ Deich, Kiuusner, Kring,
Nagin, Nicholson, Voetberg. Nays--None.
Commtmication of Acdng City Manager
submitting an Ordinance regulating the
presence of Underage Persons in Licenses
Establishments, presented and mad. Council
Member Voetberg moved ! that tho
communication be received and fiIed.
Seconded by Council Member Nicholson.
Carried by the following vote:
Yeas--Mayor Brady, Council Members
Delch, Kluesner, Krieg, Nngle, Nicholson,
Vcetberg. Nays--None.
An Ordinance repealing Section 5-7.6 (a)
of the Code of Ordinances relating to the
prohibiting of ainetecn and twenty-year olds
after 9:00 p.m. where alcoholic beverages a~
sold or dispensed, Section 5-7.6 (c) relating
to liability of licensee or permlttec for
allowing p~rsor~ under the age for lawful
Regular Session, August 3, 1992
338
purchase or possession of alcohol, adopting
in lieu thereof new sections 5-7.6 (a) and 5-
7.6 (c) relating to the aforementimzad
policies, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 63-92
AN ORDINANCE REPEALING
SECTION $-7.6(a) OF THE CITY
OF DUBUQUE CODE OF
ORDINANCES RELATING TO
THE PROHIBITION OF
NINETEEN. AND TWENTY-YEAR
OLDS AFTER 9:00 p.m. WHERE
ALCOHOLIC BEVERAGES ARE
SOLD OR DISPENSED, SECTION
$-7.6(c) RELATING TO LIABILITY
OF LICENSEE OR PERMITTEE
FOR ALLOWING PERSONS
UNDER THE AGE FOR LAWFUL
PURCHASE OR POSSESSION OF
ALCOHOIo ADOPTING IN LIEU
THEREOF NEW SECTIONS 5-
7.6(a) AND $-7.6(c) RELATING TO
THE AFOREMENTIONED
POLICIES.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Code of Ordinances of the
City of Dubuque, Iowa, is amended by
repealing Secdon 5-7.6(a) and adooting new
Section 5-7.6(a) in lieu thereof as follows:
(a) It shall be unlawful for any person
under the age for hwfnl purchase
and 'or pessession of alcoholic
beverages to enter any Im*'misus
between the hours of 9:00 p.m. and
closing where more than 35% of the
business conducted on such premises
is the sale or dispensing of liquor,
wine or beer except as set forth in
Paragraph 2. The phrase "business
conducted on such premises" shall be
defined as the total business revenue
generated on such prerolses during
the previous calendar year.
Section 2. The Code of Ordinances of the
City of Dubuque, Iowa, is araandod by
repealing Section 5-7.6(c) and adootlng new
Section 5-7.6(c) in lieu theP:of as follows:
(c)
employee shall allow any person
under thc age for lawfnl p~chase
and'or possession of alcoholic
premises between the hour of 9:00
p.m. and dosing wben9 the business
conducted includes the sale and
dispensing of alcoholic liquor, wine
or beer except as permitted in
Paragraphs (a) and (b). Thc licensee
or pe~miuce of any business that soils
alcoholic liquor, wine o~ beer for on-
premises consumption shall be
required to post in a conspicuous
place a notice stating:
Notice to Pm-anus Under the Age for
Lawful Po, chase anaN~ Possession of Alco-
holic Beverages:
You are subject to a maximum fine of
one huadred dollars ($100.00) for being
on these premises between the hours of
9:00 p.m. and closing unless you are
employed by the owner or are
accompanied by a paint, gu~dian or
spouse of legal age.
Section 3. Effective Date.
This Ordinance shall take effect upon
publication.
Pussad, approved and adopted this 3rd
day of August, 1992.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published in thc Telegraph Herald
newspaper fids 10th day of August, 1992.
Maxy A. Davis
It 8/10 City Clerk
Council Member Voetberg moved that
fids be considered the first reading of the
Ordinance, and that the requirement that a
proposed Ordinance be considered and voted
on for passage al two council meetings prior
to the meeting at which it is to be finally
adooted be suspended and further moved
final adoption of the Ordinance. Seconded
by Council Member Nichoison. Carried by
tho following vote: Yeas--Mayor Brady,
Council Members Dcich, Khiesner, Kring,
Nagi¢, Nicholson, Voetberg. Nays--None.
Communicadon of Acting City Manngnr
submitfidg an Ordinance providing for the
placement of stop signs on Third S~eet at
Main Sheet hitersection, thus making die
intersection a four-way stop, presented and
read. Council Member Vcetb~rg moved dial
the communication be received and filed.
Seconded by Council Mumber Kfiag. Vote
339
Regular Sesslon, August 3, 1992
on the motion was as follows:
Yeas--Council Members Deich, Kring,
Nicholson. Nay~--Mayor Brady, Council
Mcmh~s Khicsner, Naghi, Vcetberg.
Motion failed.
An Ordirmnce amending Code of
Ordinances by modifying subsectlun (b) of
Section 32-214 thexeof providing for thc
addition of stop signs on Third Street at
Main Su~et. presented and read. Council
Member moved Ihat this be considered thc
thrst reading of tho Ordinance, and that thc
requirement that a proposed Ordinance be
consideavxl 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 the Ordinance. Seconded by Council
Member Fdieg. Vote on the motion was as
follows: Yeas--Council Members Deich,
Krieg, Nicholson. Nays--Mayor Brady,
Council Members Kluesner, Nagle,
Voetberg. Motion failed.
Communication of Acting City Manager
requesting approval of ordinance providing
for thc "no parking'* signs on both sides of
the si:met along Seuthpark Court, presented
and mad. Council Member Voetberg moved
that the communication be re2xiced and
filed. Seconded by Council Member Nagle.
Carried by the following vote:
Yeas--Mayor Brady, Council Members
Daich, Khiesner, Krieg, Naglc, Nicholson,
Voetberg. Nays--Noun.
An ordinunce amending Code of
Ordinances by adding to subsection (d) of
Section 32-262 thereof providing for thc
prohibiting of parking on both sides of
Southp~rk Court from Twin Valley Drive to
its terminus, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 64-92
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
BY ADDING TO SUBSECTION (d)
OF SECTION 32-262 THEREOF
PROVIDING FOR THE
PROHIBITING OF PARKING ON
BOTH SIDES OF SOUTHPARK
COURT FROM TWIN VALLEY
DRIVE TO ITS TERMINUS.
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1, That the Code of Ordinances
of tho City of Dubuque, Iowa be amended
by adding Southpark Court to Subsection (d)
of Section 32-262 thereof as follows:
"Sec. 32-262. Prohibited on Designated
Streets or Portions Thereof.
(d) No-parking-at-any-time zones
dasignated
Southpark Court, beth sides, from Twin
Valley Drive to its ter~dnus.
Passed, approved and adopted this 3rd
day of August, 1992.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of August,
1992.
Mary A. Davis
It 8/10 City Clerk
Council Member Vootberg moved that
this be considered thc first ~eading of thc
Ordinance, and that the requirement that a
proposed Ordinance be considered and voted
on for passage at two council meetings prior
to the mc~ting at which it is to bo finally
adopted be suspended and further moved
final adoption of tho Ordinance, Seconded
by Council Member Nagle. Canted by the
following vote: Yeas---Mayor Brady,
Council Member~ Delch, Kluesanr, Krlng,
Naghi, Niebolson, Vo~tberg. Nays--None.
Communication of Acting City Manager
recornn~nding thc installation (painting) of
a right turn lane at the entrance to the Eagle
Point Park to provide a stacking lane for cars
waiting at the entrance toll booth mud
requesting Council concurrence, presented
and read. Council Member Kluesner moved
that the communication be received and filed
and approved recommendation and
cuncunence. Seconded by Council Member
Krieg. Carried by the following vote:
Yeas--Mayor Brady, Council M~mbers
Delch, Kluesner, Krieg, Nagle, Nichols. on,
Voetberg. Nays--None.
Communication of Acting City Manager
rcqucstlng execution of a project ngre~ment
with the IDOT relating to right-of-way
acquisitions sssociated with thc U.S.
Highway 20 project be[ween Devon Drive
and U.S. Highway #61, pre. sunred and read.
Council Member Kluesner moved that the
communication be ~eceived and filed.
Regular Session, August 3, 1992
340
Seconded by Council Memb~ Vo~tberg.
Carried by the following vote:
Yeas--Mayor Brady, Council Momber~
Deich, Kluesner, Kricg, Naghi, Nioholson,
Voetbe~g. Nays--None.
RESOLUTION NO. 265-92
RESOLUTION APPROVING
RIGHT-OF-WAY AGREEMENT
WITH TIlE IOWA DEPARTMENT
OF TRANSPORTATION
RELATING TO THE U.S. 20
RECONSTRUCTION PROJECT
Whereas, tho Iowa Department of
Transportation is developing plans for the
reconstruction of U.S. Highway 20 from
Devon Drive to U.S. 61; and
Whereas, thc Iowa Department of
Transportation has prepared and submitted to
thc City for approval, a project agreement
relating to right-of-way acquisitions needed
for thc project; and
Whereas, thc City of Dubuque approves
the terms and conditions of said right-of-way
agreement.
NOW THEREFORE, BE 1T RESOLVED
BY TIlE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Ag~cment No, 91-1-007
consisting of a right-of-way agreement
associated with the consWaction of U.S.
Highway 20 (Dodge SlxeeO in the City of
Dubuque from Devon Drive to U.S. 61 be
approved.
Section 2. That the Mayor b~ audlofi~d
and directed to execute two copies of this
agreement and forward the executed copies
to the Iowa Department of Transportation for
their approval.
Passed, approved and adopted this 3rd
James E. Brady
Mayor
Mary A. Davis
City Clerk
Council Member Klunsner moved
adoption of the Resolution. Seconded by
Council Member Voetberg. Canied by tho
following vote: Yeas~Mayor Brady,
Council Membe~ Ddch, Kluesunr, Krieg,
Nagle, Nicbolsun, Voetberg. Nays--None.
Furthm discussion by City Council
regarding thc selection process for filling thc
position of City IVlanager. Council Member
Daich moved that they resolve to apply to
thc Jenson, Oldani &Ccoper firm ill
Beilcvue, WA and if available to sign a
contract with this firm to assist with the
search for City Manager, with the maximum
fees and expenses setat $23,000. Seconded
by Council Member Khicsner. Carded by
the following vote: yeas~ouncil Members
Deinh, Kluesner, Krieg, Nicholaon, Voetbetg.
Nays---Mayor Brady, Council Member
Nagle.
RESOLUTION NO. 266-92
NOW, THEREFORE, BE 1T RESOLVED
BY THE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA:
That thc tbllowing having complied with
the provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa,
be granted a p~rmit to sell Cigarettes and
Cigarette Paper~ within said City.
A Y McDonald Supply Co ARA So,vices
4085 McDonald Drive
F.D.L. Foods ARA Services
701 E. 16th St.
House of China Co., House of China
801 Town Clock Plaza
Home of China Co., House of China
170 John F Kennedy
Passed, approved and adopted this 3rd
day of August 1992.
James E. Brady
Mayor
Mary A. Davis
City Clerk
Council Meml~r Deich moved adoption
of Ih¢ ResolutiOll. Seconded by Council
Memb~nc Kluesaer. Carried by the following
vote: Yeas--Mayor Brady, Council
Members Deich, Kluesner, Krieg, Nagle,
Nicholson, Vootberg. Nays---None.
RESOLUTION NO, 267-92
Whereas, Applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been
examined and approved; and
Whereas, The premises to be occupied by
such applicants were inspected and found to
comply with the Ordinunces of this City and
have filed proper bonds;
341
Regular Session, August 3, 1992
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA;
~hat the Manager be authorized to
cause to be issued thc following named
applicants
a Beer Permit.
CLASS "BE" BEER PERMIT
Dennis A. Ahhans
Family Beverage Center
Sunday Sales 3400 Cmntral
Passed, approved and adopted this 20th
day of July, 1992.
Jam0s E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Doich moved adoption
of thc Resolution. Seconded by Council
Member Kinesuer. Carried by the following
vote: Yeas--Mayor Brady, Council
Members Dcich, Klucsncr, Kficg, Naghi,
Nichoison, Voetberg. Nays~None.
RE~OLUTION NO. 268.92
Wheseas, applications for Liquor Licenses
have been submitted to this Council for
approval and thc same have buen examined
and approved; and
Whereas, the premises to be ocoopied by
such applicants were inspected and found to
comply with thc State Law and all City
Ordinances relevant thereto and they have
filed proper bonds;
NOW, TIIEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That thc Manager be authorized to cause
to be issued thc following named applicants
a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Carol A. Meyers and Lisa M. Tort Totr Tap
3453 Jackson St,
Passed, approved and adopted this 3rd
day of August, 1992
Attest:
Mary A. Davis
City Clerk
Jan~s E. Brady
Mayor
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Member Kinesncr. Carried by thc following
vote: Yeas--Mayor Brady, Council
Members Deich, Kluesncr, Krieg, Naghi,
Nicholson, Voctberg. Nays--None.
Communication of Acting City Manager
roqucsthlg a public hearing be held to vacate
an unused 5 foot wide utility ceuement along
the easterly side of Lot 14 of Block 2 of
Sceulc View Heights No. 3, presented and
mad. Council Member Vuntherg moved that
the communication he received and filed.
Scounded by Council Member Naghi.
Carried by the following vote:
Yeas---Mayor Brady, Council Members
Dalch, Kluesner, Krieg, Nngle, Nichulson,
Votaberg. Nays--None.
RESOLUTION NO. 269-92
RESOLUTION OF INTENT TO
DISPOSE OF INTEREST AND
VACATE AN UNUSED 5 FOOT
WIDE UTILITY EASEMENT
ALONG THE EASTERLY SIDE OF
LOT 14 OF BLOCK 2 OF SCENIC
VIEW HEIGHTS NO. 3
Wbereas, Richard & Barbara Bfichmann
are thc current owner's of Lot 14 of Blo~k 2
of Sc~dic View Heights No. 3; and
Whereas, a 5 foot wide otility easement is
currently platted along the easterly side of
said log and
Whereas, Richard & Barbara Bilehmann
have petitioned to vacate an unused 5 foot
wid~ utility easement in said lot.
NOW THEREFORE, B~ IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
S~ction 1. That the City of Dubuque,
Iowa intends to dispose of its interest and
vacate an unused utility easement along thc
easterly line of Lot 14 of Block 2 of Scenic
View Heights No. 3.
Section 2. That the City Clerk be and is
hereby authorized and directed to cause a
notice to be published as prescribed under
S~efion 364.7 Code of Iowa, 1989 or as
amended.
Regular Session, August 3, 1992
342
passed, approved and adopted this 3rd
day of August, 1992.
James E. Brady
Mayor
Attest:
Mmy A. Davis
City Clerk
Council Member Vo~tberg moved
adoption of the Resolution and set it for
Hearing on August 17, 1992 at 7:30 p.m.
and direct the Clerk to publish notice in the
manner prescribed by law. Seconded by
Council Nagle. Canied by die following
vote: Ycas--Mayor Brady, Council
Memhe~s Deich, Kluesuer, Kfieg, Nagle,
Nicholson, Voctberg. Nays--None.
Commuulcafion of Acting City Manager
requesting Counc/1 to set two public heatings
related to the improvements that will he
made at the Dubuque Water Pollution
Control plant, presented and wad. Council
Member Vcetherg moved that the
communication be received and filed.
Seconded by Coundl Member Nicholson.
Carried by the following vote:
yeas~Mayor Brady, Council Members
Deich, Kinesner, Kring. Nagle, Ninhulson,
Voctbe~g. Nays--None.
RESOLUTION NO. 270-92
FIXING DATE OF HEARING ON
WATER POLLUTION CONTROL
PLANT IMPROVEMENTS
Whescas, the City Council of the City of
Dubuque, Iowa has dcvalopcd a Plan of
Action and placed same on file in the office
of the City Clerk for public inspection of die
Dubuque Water Pollution Control Plant -
Dubuque, Iowa.
NOW THERBFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That on the 14th day of
Septemher, 1992, a public hcedng will be
beld at 7:30 p.m. in the Public Libraxy
Auditorium at which time intercstcd persons
may appear and comment on the proposed
improvements to the Dubuque Water
Poliufion Control Plant, and the City Clerk is
hereby directed to cause a notice of lin~ and
place of such heating to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which not/ce shall
be not less than thirty (30) prior to the data
fixed fo~ its consideration. At the hearing,
any interested person may appear and file
comments on the proposed improvements.
Passed, approved and adopted this 3rd
day of August, 1992.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voctberg moved
adoption of die Resolution, Seconded by
Council Member Nichulson, Carried by the
foilowing vote: yeas--Mayor Brady,
Council Membcra Deich, Kluesuer, Kring,
Nngla, Nicbelso~, Voetberg. Nays---None.
RESOLUTION NO. 271-92
FIXING DATE OF HEARING ON
SANITARY SEWER USER
CHARGE SYSTEM
Wbere~, die City Council of the City of
Dubuque, Iowa has developed a sanitary
sewer user charge system and placed same
on file in the office of the City Clerk for
public inspection of die Dubuque Water
Pollution Control Plant - Dubuque, Iowa.
NOW THERF~ORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That on the 14th day of
September, 1992, a public heating will be
held at 7:30 p.n~ in the Public Library
Auditorium at which time interested persons
may appear and comment on the proposed
sanitary sewer user charge system, and the
City Clerk is hereby directed to caase a
notice of time and place of such hearing to
he published in a newspaper having general
circulation in the City of Dubuque, Iowa,
which notice shall be not less than thirty ($0)
days prior to die date fixed for its
consideration. At the heating, any interested
person nmy appear and t'fie comments on thc
proposed user charge system.
Passed, approved and adopted this 3rd
day of August, 1992.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voethelg moved
adoption of the Resolution and set it for
Heating on September 14, 1992 at 7:30 p.m.
in the Public Liixary Autfitorium and direct
the City Clerk to publish notice in thc
manner l~eScfibed by law. Seconded by
343 Regular Session, August 3, 1992
Council Member Nichols~o. Carried by the
following vote: Yea~---May~ Brady,
Council Members Dsich, Klue~ner, Krieg,
Nag)e, Nicholsoo, Voatberg. Nays--None.
MINUTES SUBMITTED --Airport
Commission of 7-14; Five Flags Commission
of 7-20; Housing Code Appeals Board of 7-
6; Zoning Commission of 7-1, presented and
road. Council Member Vocthcrg moved that
the minutes be received and filed. Seconded
by Council Member Nicholson. Carriad by
the following vote: Yeas--Mayor Brady,
Council Members Dutch, Klu~ner, Krleg,
Nagie, Nicholsun, Voetherg. Nays--None.
NOTICI~S OF CLAIMS/SUITS - Jeffrey
Schadl in amount of $174.81 for ca~
danmg~; Carl Sehlic, in unknown amount
for personal injuries; Robert O. Sehmitt in
amount of $817.53 for car damages; Dennis
Sehrage, in unknown mnunnt for personal
injmies; Thorp Credit, inc. vs. City of
Dubaque et al submitting petition in equity
for foreclosure, presented mid read. Council
Member V~etberg moved that the claims and
suits be referred to the Legal Staff for
investigation and report. Seconded by
Council Member Kinesner. Carried by the
following vo~e: Yeas---Mayor Brady,
Council Members Deich, Klunsnor, Krieg,
Nagle, Niehoison, Voetberg. Nays--None.
Mr. Robert Soiflie spoke to the Carl
Schlie daira
Communications of Corporation Counsel
advising the following claims have be~m
referred to Ciawford & Company, the agent
for the Iowa Communities Assurance Pool:
Car dan~ge of Lisa and Tom Bfimeyeg
Personal injmy of Mary J. Burkart; Personal
injmy of Kathy Graves; Personal injury of
Christopher Gniun by his mother, Barbara
Gninn; Car damage of Gary M. Sehmitt,
presented and mad. Council Member
Voetbevg moved that the eommunicaion be
received and filed. Seconded by Council
Member Nichoison. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deieh, Kinesnor, Krleg,
Nagle, Nicholson, Voelberg. Nays--None.
Communication of Corporation Counsel
recommending sctflemunt of car damage
claim of Marsha L. Dubbels in the amount
of $260.61, presenled and read. Council
Member Vootberg moved that the
communication be received and filed and
approved settlement and Finance Director to
issue proper check. Seconded by Council
Member Nieholson. Carried by the
following vo~: Yeas---Mayor Brady,
Couanfl Members Delch, Kluesnor, Krieg,
Nagle, Nicholson, Vo~tberg. Nays--None.
Communication of Coxpo~ation Counsel
recommending dehial of sewer backup claim
of Jim Cross, presented and read. Council
Member Voetberg moved that the
communication be recuived ~nd filed and
denial approved. Seconded by Council
Member Nicholson. Can-ied by the
following rog: Yeas---Mayor Brady,
Council Members D/ich, Kincsner, Kfieg,
Nagie, Nicholsun, Voctherg. Nays--None.
Proofs of Publication, certified to by the
Publisher, on Notice of filing of tbe Final
PLat and Schedule of Assessments for the
Cons~ucfion of 1991 P.C. Concrete Paving
Project; Notice of Finding of No Significant
Effemt on the Environment for the tIOMB
Investmunt Parmership Program; Advising of
intent to file a Request for Release of Funds
for the HOME Investment Partaership
Program, presented and read. Council
Member Voetherg moved that the proofs be
received and filed. Seconded by Coundil
Membe~ Nicholson. Carried by the
following vo~: Yeas--Mayor Brady,
Council Members Deich, Kluesnor, Kfieg,
Nagie, Nicholson, Voetberg. Nays--None.
Petition of Country Springs Homeowners
Assn. requesting installation cfa "Stop Sign"
or "Yield Sign" at the comer of Foothill
Court and Pasadena. presented and mad,
Council Member Voetberg moved that the
petition be refen'ed to City Staff for
investigation and report. Seconded by
Council Member Nieholson. Carded by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Klunsner, Kfieg,
Nagle, Nichoison, Voetherg. Nays--None.
Acting City Manager submitting Financial
Report for month of June, 1992, presented
and read. Council Member Voetberg
moved that the report be received and filed.
Seconded by Council Member Nicholson.
Carried by the following~ vote:
Yeas--Mayor Brady, Council Members
Dnich, Kinesnor, Kfieg, Nagle, Nicholson,
Voetberg, Nays--None.
Petition of homeowners on Concord Court
requesting installation of warning signs at
beginning of Concord Court and "Stop
Signs" at intersection of Concord Street,
Concord Court, Marion Street and St. Joseph
Streets, presented and read. Council
Member Voetberg moved that the petition be
received and fried and refer~ed to the City
Staff. Seconded by Council Member
Nioholson. Carried by the following vote:
Ye~s--Mayor Brady, Council Members
Regular Session, August 3, 1992
344
Duich, Klu~sner, Kficg, Nagin, Nicholson,
Voatberg. Nays--None.
Communication of Dubuque County
Board of Supervisors requcsting assistanc~ to
the solution on the proliferation of white
goods and tiros that are being illegally
dumped at various locatiom, presented and
read Cour~il Member Krieg moved that the
communication be ~ec~ived and filed and
referred to the City S~fff. Secondad by
Council Member Vo~therg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluosner, Krieg,
Nagle, Nieholson, Vo~tberg. Nays--None.
Communication of Dubuque County
Board of Supervisors expressing an issue
submitted so them concerning drainage
problems on Dixie Drive, in tbe North Point
tleights Subdivision in Dubuque Township,
presented and read. Council Member
Nicholson moved that the communication be
received and filed and referred to Mr.
Lindahl, though the City has no jmisdiction
to enforce re. qnimments. Sanonded by
Council Member Voothesg. Carried by the
following vote: Yeas---Mayor Brady,
Council Members Dcich, Kluesner, Krieg,
Nagle, Nicholson, Vo~tberg. Nays--None.
Communication of Zoning Commission
advising of their approval of final plat for
Kelly's Bluff No. 2, presented and read.
Council Member Vootharg moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote:
Yeas Mayor Brady, Council Members
Deich, Kinesner, Krieg, Nicholson, Vo~tberg.
Nays--None. Abstein--Council Member
Naghi.
RESOLUTION NO. 272-92
A RESOLUTION APPROVING
THE FINAL PLAT OF KELLY'S
BLUFF NO. 2 IN THE CITY OF
DUBUQUFn IOWA.
Whereas, them has been filed with the
City Clerk a final plat of Kelly's Bluff No.
2 in the City of Dubuque, Iowa; and
Whereas, upon said final plat appear a
street to be known az Kelly's Bluff, together
with cermln public utility and sunita~y sewer
easements which the Owners by said final
plat have dedicated to the public fon~ver, and
Whereas, said final plat ha~ been
examined by the Zoning Commission and
had its approval endorsed thereon subject the
owner(s) agreeing to the conditions noted in
Section 2 below;, and
Wberoas, said final plat has been
examined by the City Council and they find
that it conforms to tho smtules and
ordinances relating to it, except that no
strccts or public utilities have yet been
consl~ucted or instelied; and
Whereas, the City Council concurs in the
conditions of approval eatabliabed by the
Zocing Commission.
NOW, THEREFORE, BE IT RESOLVED
BY TIIE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA:
Sva3tion 1. That the dedicatio~ of Kelly's
Bluff, together with the easements for public
utilities, sanitary sewer, storm sewer and
water mains a~ they appear upon said final
pla~ be and thc san~ arc hereby accepted;
and
Section 2. That the final plat of Kelly's
Bluff No. 2 is hereby approved and the
Mayor and City Clerk are hereby authorized
and dffccted to endorse the approval of the
City of Dubuque, Iowa; upon said final plat,
provided the owners of said property herein
nan~d, execute their written acceptance
hereto attached agreeing:
a. To reduce Kelly's Bluff to grade and
to constract concrete curb and gutter
and to hard surface with asphaltic
concrele, or with concrete: paving
with integrsi curb, all in accordance
with the City of Dubuqu~ standard
specifications; ali in a manner
acceptable to the City Engineer and
in conformance with construction
imFrovement plans approved by the
City Engineer.
b. To install sanitary sewer mains and
sewer service laterals into each
individual lot, water mains and water
service latsxals into each individual
lot, storm sewers and catch basins,
bociev~d street lighting and erosion
control devices all in eccotdance
with the City of Dubuque standard
specifications and in accordance with
construedon improvement plans
approved by the City Engineer, and
inspected by the City Engineer.
c. To construct said improvements,
except sidewalks, prior to one year
from the date of acceptance of this
resolution, at the sole expense of the.
345 Regular Session, August 3, 1992
subdivider, as owner, or furore
own6r,
d. To maintain the public
improvements, except sidewalks, for
a pmiod of two (2) yea~ from the
date of the acceptance of those
improvements by the City of
Dubuque, Iowa, at the sole expense
of the subdivider, as owner, or futa~
e. To consimct sidewalks in acce~dance
with the i~equire~nents of Section 42-
24(e) of {he City Code, specifically:
Sidewalk installation shall be the
mspensibilliy of the owner of the
property abutting the public fight-of-
way. The responail~lity shall extend
to all successors, hairs and assignees.
Sidewalk installation ~ not be
reqaln~d until the development of the
lot has been completed, except as
required berain. In sparsely
developed subdivisions, sidewalks on
developed lois will not be requited
un~l $0% of the lots approved by the
plat have been developed. All vacant
lots shall have sidewalks installed
upon development of 80% of the lots
approved by the plat.
And further provided that said Seffmy
Nagle, as owner of said property, shall
~ecure the performance of the foregoing
conditions provided in Section 2 by
providing security in such form and with
such sureties as may be acceptable to the
City Manager of the City of Dubuque, Iowa.
Section 3. That in the event the owner
shall fail to execute the acceptance and
furalsh the ~.cuilty provided in Snction 2
hereof within forly-five (45) days afar the
date of the Resolution, the provisions hereof
shall be null and void and the acceptance of
the dedication and approval the plat shall not
be effective.
Passed, approved and adopted this 3rd
day of August, 1992.
Ian~s E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
ACCEPTANCE OF RESOLUTION NO.
272-92
l, the undersigned, Jeffrey Nagle, having
read the terms and conditions of {he
Resolution No. 272-92 and being familiar
with tho conditions thereof, hereby accept
this same and agree to the conditions
required therain.
Dali in Dubuque, Iowa this 10th day of
September, 1992.
By:/s/Jeffrey Nagle
TO: Mary A. Davis
City Clerk
This is to certify that the required security
for the foregoing Resolution No. 272-92 has
been properly furnished.
Dated this 16th day of September, 1992.
/s/Michael Koch
Acting City Manager
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Daich, Klueaner, Kriag,
Nicholson, Voetberg. Nays---None.
Abstain--Council Member Nagle.
Communication of Acting City Manager
requesting approval of State contract for
food service establishment, food
establishn~nt' hotel and vending machine
sanitation inspections, presented and read.
Council Member Voetberg moved that the
eommanination be received and filed.
Seconded by Council Member Ninholaon.
Carried by the following vote:
Y~Mayor Brady, Council Members
Daich, Kluesner, Kriag, Naghi, Nicholson,
Voetbevg. Nays--None.
RESOLUTION NO, 273-92
ADOPTION OF MEMORANDUM
OF UNDERSTANDING ON FOOD
CONTRACTS
A resolution approving the agreement
between the City of Dubuque and thc Iowa
Department of Inspections and Appeals for
enforcement of the food service
establishment and food establlshn~nt
sanitation, hotel inspection and vending
machine laws of the State of lows
Whereas, the City of Dubuque and the
Iowa Department of Agriculture entered into
au agreement i~ January, 1979, whereby tho
City was authorized to enforce the Iowa
Food Service Sanitation Code, the Iowa
Hotel Sanitation Code and the Iowa Food
and Beverage Machine Laws; and
Regular Session, August 3, 1992
Whereas, said agreement has been
amended for renewal each year and, most
recently, every two years; aud
Whereas, the agreement has been
amended for the inspection of food
establishments in July of 1989; and
Whereas, the Iowa State D~panment of
Inspections and Appeals has submitted a trw
Memorandum of Understanding for the
enforcement of said laws which wi;d continue
in p~petuity unless canceled by either party;
and
Whereas, the City of Dubuque, Iowa
wishes to enter into said Memorandum of
Understanding with the Iowa Department of
Inspections and Appeals.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque,
Iowa, hereby approves the attached
amendment to the Food Service and Food
Establishment Sanitation, Hotel Inspections
and Vending Machine Laws Memorandum
of Understanding, whinb extends the term of
agreement untilit is canceled by either pax. ry.
Section 2. That the Mayor of the City of
Dubuque is hereby authorized and directed
to execute said Memorandum on behalf of
the City of Dubequ~.
Passed, approved and adopted this 3rd
day of August, 1992.
James E. Brady
Mayor
Attest:
Mmy A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Semonded by
Council Member Nichoison. Carried by the
foBowing vote: Yeas---Mayor Brady~
Council Members Daich, Kluesner, Krieg,
Nagle, Nicholson, Voetherg. Nays None.
Communication of Acting City Manager
~ecom~nding acceptance of the of Bunker
Hill Building Residing project, presented and
read. Coun~'fl Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Nieholson.
Carried by the following vote:
Yeas Mayor Brady, Council Members
Deich. Kluesner, Krleg. Nagle, Nicholson.
Voetherg. Nays~None.
RESOLUTION NO. 274-92
ACCEPTING IMPROVEMENT
346
Whereas, the contract for the Bunker Hill
Siding Project has been completed and the
City Manager has examined the work and
filed his certificate stating that thc same has
been completed according to the terms of the
coat:ca,t, plans and spogificafions and
recommunds its acceptance.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of thc City of Dubuque,
Iowa, that the recommendation of the City
Manager be approved mid that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the
City Treasurer be and he is hereby directed
to pay to the contractor from the Sales Tax
Consa'uction Fund in amount equal to the
amount of his eoneact' less any retained
percentage provided for therein.
Passed, approved and adopted this 3rd
day of August, 1992.
Attar:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Voetbevg moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Carrind by the
following vot~: Yeas~Mayor Brady,
Council Memhers Deich, Kluesner, Ksieg,
Nagle, Nicholson, Voetherg. Nays~None.
RESOLUTION NO. 275-92
FINAL ESTIMATE
WIIEREAS. the contxact for the Bunker
Hill Siding Project has been completed mid
the Engineer has submitted his final estimate
showing thc cost thereof including the cost
of estimates, notices and inspection and all
miscellaneous costs;
NOW THEREFORE, BE IT RESOLVED,
by thc City Council of the city of Dubuque,
Iowa:
Section I. That the cost of said
improvement is hereby determined to be
$33,723.65, and the said amount shall he
paid from the Sales Tax Construction Fund
of the City of Dubuque, Iowa.
347
Regular Session, August 3, 1992
Passed, Approved And Adopted, this 3rd
day of August, 1992.
J~ame~ Ii. Brady
Mayor
Attest:
Mary A. Davis
City Cl~rk
Council Member Voefiler8 moved
adoptlo~ of tbe Resolution. Seconded by
Council Member Nicholson. C. anied by the
following vote: Yeas--Mayor Brady,
Council Member~ Ddch, Kinesner,
Nagle, Nicholson, Voefilerg. Nays---None.
Communication of Acting City Manager
submitting 1st quarterly report regarding file
Curbsid~ Recycling Program, p~sented and
read. Council Member Vcotberg mOved diat.,~
tho communication be received and filed,/'
Seconded by Council Member Nichols~
Carried by the following vote:
Yeas--Mayor Brady, Council Members
Ddich, Kinesne~, Krieg, Nagle, Nicholson,
Voetber8. Nays--None.
Communication of Acting City Manager
advising of Fiscal Year '92 uncompleted
cati~l projec~ and operating budget
appropriations which will be canted forward
into Fiscal Year '93, presented and read.
Council Member Vo~tberg moved that file
communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote:
Y~ss~Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Vcotberg. Nays--None.
There being no further business, Council
Member Voetberg moved to adjotwn.
Seconded by Council Member Nicholson.
Carried by thn following vote:
Yeas--Mayor Brady, Council Members
Ddich, Kluesnes, Kricg, Nagle, Nicholson,
Voetber~. Nays--None.
Meeting adjourned at 11:28 p.rr~
Ma~ A. Davis
/~ity Cl~rk
1993.
1993.
Attest:
/~ty Clerl~
Regular Session, August 17, 1992
348
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, August 17, 1992.
Council n~t at 7:30 p.m., Public Library
Auditorium.
Present: Maylx Brady, Council Members
Deich, Kluesner, Kaieg, Nagle, Nicholson,
Voatbevg, Acting City Manager Stephani
Johnson, Corporation Counsel Bany A.
LindahL
Mayor Brady read the call and stated this
is the Regular Meeting of thc City Council
called for the purpose to act upon such
business which may properly come before
the Council.
Invocation was given by ~Rev. Kenneth
Halrnke, Director of Business and Finance,
Wartburg Theological Seminary.
Proclanmfion -- Week of August 21 thru
23 as "Mentally Handicapped Health Week"
Council Member Vcetberg moved to
suspend the rules to allow anyone present to
address the Council if they so desire.
Seconded by Council Member Nagle.
Carded by the following vote: Yeas--Mayor
Brady, Council Members Dblch, Kluesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays--None.
Proof of Publication certified to by the
Publisher on Notice of Hearing on Plans and
Specifications for construction of Riven, iew
Park RestroondShower facility, presented
and read. There were no written objections
received and no oral objectors present at file
firce of the Hearing. Council Member
Voetberg moved that the proof ofpubllcagco
be received and filed. Seconded by Council
Member NagIe. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deieh, Kluesner, Krieg, NagIe, Nicholson,
Voetberg. Nays--None.
RESOLUTION NO. 27~-92
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 20th day of July, 1992,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk
of Dubuque, Iowa, for the Rivetview Park
Rest Rcom/Showes Project.
Where. ss, notice of bearing on plans,
specifications, form of contract, and
estimated cost was published as required by
law.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the said plans, specifications, form
of contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project,
Passed, Approved and adopted this 17th
day of August, 1992.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Nagle. Carried by the
following vote: Ye. as~Mayor Brady,
Council Members Deich, Kluesner, Krleg,
Nngle, Nicholson, Voetberg. Nays--None,
Proof of Publication certified to by file
Publisher on Notice to Bidders of the
Receipt of Bids for the project and
communication of Acting City Manager
requesting Council to adopt plans and specs.
and delay awarding contract for project umil
a later date. presented and read. Council
Member Voetberg moved that the proof of
publication be received and filed and delay
approved. Seconded by Council Member
Nagle. Cauled by the following vote:
Yeas--Mayor Brady, Council Members
Dnich, Kluesner, Kfing, Nngle, Nicholson,
Voetberg. Nays--None.
Proof of Publication certified to by the
Publisher on Notice of Public Hearing of
Intention to issue Hospital Revenue Bonds
(The Finley Ilospital Project), Series 1992,
presented and read. There were no written
objections received. Council Member Nagle
moved that the proof of publication be
349
Regular Session, August 17, 1992
moved that the proof of publication ho
re~ived and filed. Seconded by Cou~'fl
Member Kfiag. Carried by the following
vote: Yeua--Mayor Brady, Counuil Membe~
Klueanor, Krieg, Naghi, Nichols~h Vo~tharg.
Nay~--Councll Memhea' Deich.
RESOLUTION NO. 277-92
RESOLUTION AUTHORIZING
AND PROVIDING FOR THE
ISSUANCE OF NOT TO EXCEED
$10,750,000 AGGREGATE
PRINCIPAL AMOUNT OF
HOSPITAL REVENUE BONDS,
SERIES 1992 (THE FINLEY
HOSPITAL PROJECT)~ OF THE
CITY OF DUBUQUE, IOWA, FOR
THE PURPOSE OF LENDING
THE PROCEEDS THEREOF TO
THE FINLEY HOSPITAL, THE
ESTABLISHMENT OF A
RESERVE FUND FOR THE
SERIES 1992 BONDS AND THE
PAYMENT OF CERTAIN COSTS
OF ISSUANCE; THE EXECUTION
AND DELIVERY OF A FIRST
SUPPLEMENTAL INDENTURE
OF TRUST TO SECURE SAID
SERIES 1992 BONDS; THE
EXECUTION AND DELIVERY OF
A FIRST AMENDATORY LOAN
AGREEMENT BETWEEN SAID
CITY AND THE FINLEY
HOSPITAL PROVIDING FOR THE
REPAYMENT OF THE LOAN OF
THE PROCEEDS OF SAID SERIES
1992 BONDS AND THE
SECURING OF SAID
REPAYMENT OBLIGATION; TIlE
SALE OF SAID SERIES 1992
BONDS; AND RELATED
MATTERS.
Where. as, the City of Dubuque, in the
County of Dubuque, S~a~ of lows (the
"issuer"), is an incorporated municipality
authorized and empowered by the provisions
of Chapter 419 of the Code of Iowa, 1991,
aa amended (thc "Act") to isstm mvenun
honda or notes and loan tho prune~a to one
or mom contracting parties to be ~sed to pay
the ¢o~t of a~quifi~g by consm~ction or
pureha~, land, buildings, improvements and
e~luipmcat suitable for uae of any vnlunta~
nonprofit hospital and to refund any bonds
issued pursuant to the Act; and
Whereas, Tho Finley Hospital (tho
"Hospital"), is a voluntary nonprofit hospital
within the moaning of the AOt which
presently owns and operates hospital
facilities locat~ within the Issuer, and in
order to improve health care services for
inhabitants of the Issuer, the Hospital has
requested the Issuer to issue its Hospital
Revenue Bonds (The Finley Hospital
Project), Series 1992, in an aggregate
principal amount not to exceed $10,750,000
(the "series 1992 Bonds") pursuant to the
Act m finance tho construction of an addition
to the Hospital's existing healthcare facilities
for uae aa an ambulatory surgery and
outpatient canter on the seoond floor of the
Hospital building; expansion of the Intensive
Care Unit; renovation of the first floor of the
Hospital building to allow for the
development of a conf~enco center and a
Library, Education and Human Resources
stfite;and thc acquisition, consWacfion and
installation of other equipment, furnishings
and improvements to and f~c the existing
Hospital facilities (the "Project"). In
addition, proceeds from the Series 1992
Bonds will ho u~d to fund a debt service
l~s~nve fund and to pay costs incunod in
eounection with the issuanc~ of thc Series
1992 Bonds; and
Whereas, tho Issuer has heretofore issued
$10,525,000 in aggregate principal amount
of its Hospital Facility First Mortgage
Refunding and Improvement Revenue Bonds
(The Finley Hospital Projec0 Series 1977
(the "series 1977 Bonds"), pursuant to that
certain Indenture of Trast dated as of
September 1, 1977 (tho "Original Indenture")
between tho Issuer and the Trustee (ua
defined in the Original Indenture) and has
loaned the proceeds of the Series 1977
Bonds to the Hospi~d pursuant to a Laan
Agreement dated as of Septomhor 1, 1977
(the "Original Agreement") between the
Hospital and the Issuer for tho puspose of
refunding the Issuer's previous issue of
$4,250,000 Hospital Facility First Mortgage
Revenue Bonds (The Finley Hospital
Project) Series A (the "Series A Bonds") and
to finance part of the cost of additional
buildings and improvements to the Hospitel's
existing hospital facilities; and
Whereas, the Issuer has determined that
the amount necessary to defray all or a
portion of the cost of the Project, will
require the issuance by the Issuer of its
Seaies 1992 Bonds pursuant to the provisions
of the Act, and pursuant to the Original
Indenture as amended and supplemented by
a First Supplemental Indenture of Trust (the
Original Indenture as amended and
supplemented by the First Supplemental
Indenture of Trast is hereinafter referred to
as the "Indenture"), and loan the proceeds of
the Series 1992 Bonds to the Hospital
pursuant to the Original Agreement as
amended and supplemented by a Fhst
Amendatory Loan Agreement (the Original
Regular Session, August 17, 1992
350
Agre~n~nt aa amended and suppieraented by
the First Am0ndetory Loan Agre~n-~nt is
hereinafter rofcn~d to as tbe "Agreon~nt");
and
Whereas, die: Series 1992 Bonds, if
issued, shall be limited obligation~ of tho
lssunr, and shall not c. onstitote nor give rise
to a pecuniary liahility of the Issue:: or a
charge against its general credit or taxing
powers, and the principal of and interest and
premium, if any, on the Series 1992 Bonds
shall ho payable solely out of the revenues
derived from the aforementioned Agreement
or otherwise aa provided theruin; and
Whereas, parsuant to published notice of
intention, this City Council has conducted a
public hearlng,a s requhed by Section 419.9
of the Act, and this City Council deems it
necessary and advisable to proceed with the
issuance of the Series 1992 Bonds, and the
loan of thc proceeds of the Series 1992
Bonds to tile Hospital; and
Whereas, the Issuer proposes to sell the
Series 1992 Bonds to Securities Corporation
of Iowa, los John Nuveen & Co.
Incorporated and Securities Corporation of
Iowa (the "Underwriters"), az representative
for themsnlves and other purchasers;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, AS FOLLOWS:
Section 1. That, in onler to finance thc
Project, the Series 1992 Bonds he and the
same are hereby authorized and ordered to
be issued pursuant to thc Original Indenture
aa supplemented by the First Supplemental
Indenture of Trust, in substantially the firm
as has been presented to and considered by
this Council and conminiag substantially the
terms and provisions set forth therein, and
thc forms, terms and provisio~ of the Series
1992 Bonds and the First Supplemental
Indenture of Trust are harcby approved, and
the Mayor and the City Clerk are hereby
authorized and directed to execute, attest,
seal and deliver the First Supplemental
Indenture of Trust, and thc mayor and the
City Clerk a~ further authorized and
directed to execute, attest, seal and dellvcr
the Series 1992 Bonds aa provided in the
First Supplen~ntal Indenture of Trust,
including the use of facsimile signatures as
the;ein provided; it is thc intent h~¢of that
thc Seaies 1992 Bonds shall hear interest at
rates which re~nlt in a maximum yield on
any Bond of any matefi~y of not to exceed
7.1% per annum hi the aggregate and shall
be in such aggregate principal amount not to
exceed $I0,750,000 slmB mature on thc
dates and in the amounts and shall be subject
to mandatea'y athking fund ~edemption on
such dates and in such amounts ua shall ho
finally dctcamined by the Hospital and the
Underwriters at the time of marhefiag of thc
Se. flea t992 Bands.
Seotion 2. That the Issuer loan the
pruneeda of the Series 1992 Bonds to the
Hospital, such loan of the proceeds of the
Series 1992 Bonds to ho utilized pursuant to
the First Amundatozy Loan Agreement, in
substantially the fonn as has been presented
to and considered by this Council and
containing substantially the terms and
provisions set forth theraln, and the form,
terms und provisions of the First Amendatory
Loan Agreement ate hereby approved, and
the mayor and the City Clerk are hereby
authorized and directed to execute, attest,
seal and deliver the First Amendatory Loon
Agreement.
Section 3. That the sale of the Series
1992 Bonds to the Underwfitom pursuant to
a Bond Purchase Agreement (the '*purchase
Corm'act'), by and between the Issuer and
the Undervnlters. in substantially the form as
has been prescated to and considered by this
Council and containing substantially the
terms and provisions set forth therein at the
price set forth there (plus accrued interest to
the date of delivery of the Series 1992
Bonds), is hereby authorized, ratified,
approved and confirmed and the form, terms
and provisions of the Purchase Contract are
hereby approved, and the execution and
delivery of the Purchase Contract by the
Mayor ate hereby authorized, ratified,
approved and coufirmed,
Section 4. That the uae by the
Underwriters of the Preliminary Official
Statement relating to the Series 1992 Bonds
is hereby approved, and the Underwriter are
hereby authorized to prepare and use a final
official Statement substantially in the form
of said Prellmlnaty Official Statement but
with such changes therein as arc required to
conform the same to thc tetras of thc Series
1992 Bonds, the Indenture, the Agreement,
and thc Purchase Contxact, all in com~ection
with the selling of thc Series 1992 Bonds to
the public, and the Mayor is hereby
authorized and directed to execute said £mal
Official Statement; provided that this
authorization shall not be deemed to imply
review or approval of infc~mafion contained
in thc Pmlin~naty Official Statement and thc
final Offiuial Statement by the Issuer, except
for information and statements set forth
under the cap~ions "The Issuer" aud
"IJtigaxion - Issuex" there~n.
351
Regular Session, August 17, 1992
Section 5. That it is hareby found,
detem~nd and declarnd that the Series 1992
Bonds and interest and pre~rdum, if any,
thereon shail never constitute the delX or
indebtedness of the Issuer within the
meaning of any constitutional or statutory
provisioo c~ limitation und shall not
constitute nor give rise to a pecuniary
liability of the Issuer or a charge against its
general credit or taxing powers, but the
Series 1992 Bonds and interest and premium,
if any, thereon sh~ll be payable solaly and
only from the revenues derived from the
Ag~ment and the debt obligations of the
Hospital dalivemd pursuant thereto; and no
p~ut of the cost of issuance of the Series
1992 Bonds will be payable out of the
general funds or other conlributions of the
Issuer (except the proceeds of the Series
1992 Boade and any sub~equunt issues of
bonds permitted under the Agreen~nt and
the Indenture).
Section 6. That the Issuer hereby finds,
determines and declares that (1) based upon
data provided by the Underwriters, the
amount necessary in each year to pay the
principal of, premium, if any, and interest on
the Series 1992 Bonds propeeed to be issued
is set forth in the Agreement and the debt
obligations of the Hospital delivered pursuant
tbemto as a formula which wiB insure that
the Hospital is obligated to pay amounts
sufficient ~o pay the principal of, premium,
if uny, and interest on the Series 1992 Bonds
and the payment of such amounts by the
Hospital to the Trustee pursuant to the
Agl~en~nt is hereby authorized, approved
and confirmed; and (ii) based upon data
provided by the Underwriters, the amount
necessary to pay each year into any reserve
funds which this City Council dearr~
advisable to establish in connection with the
retirement of the series 1992 Bonds is set
forth in the Agreement and the Indenture and
no other reserves are deemed necessary or
advisable in connection with the reliremeot
of the Series 1992 Bonds or for any other
purpose,
Section ?. That the Maycc and the City
Clerk are hereby authori~e,d and directed to
execute, attest, seal and delivery any and all
documents and do any and all things deemed
necessary to effect th~ issuance and sale of
the Series 1992 Bonds and the execution and
delivery of the First Amendatory Loan
Agreement, the First Supplemental ladenmre
of Trust, the Official Statement and the
Purchase Contract, and to cany out the
intents and proposes of this Resolution,
including the preamble hereto; th~ City's
Special Counsel is hereby authorized and
directed to assist in the fina~ preparation and
drafting of such documents and to approve
any revisions tbezeto and the execution by
the Mayor and~ if reqalrnd, the City Clerk,
of the Series 1992 Bonds, the First
Supplen~ntsl lndentom of Trust, the First
Arr~ndatory Loan Ag~n~nt, the Purchase
Contract and the Official Statement (to the
extent authorized in Section 4 hereof) with
the approval of the City's Special Counsel
shall constitute conclusive evidenc~ of their
approval and fitis City Council's approval
thereof and of any and all changes,
modifications, additions or deletions therein
f~om the respective forms thereof now before
this meeting.
Section 8. That the provisions of this
Resohilion are hereby declared to be
separable and if any action, phrase or
provision shall for any reason by declared to
be invalid, such declaration shall not affect
the validity of the remainder of the sections,
phrases and provisions.
Section 9. That this Resolution shall
become effective immediately upon its
passage and approval.
passed and approved August 17, 1992.
CITY OF DUBUQUE, IOWA
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
On motion and vote, the meeting
adjourned.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Nagle moved adoption
of the Resolution. Seconded by Council
Member Kfing. Carried by the following
vote: Ye4~--Mayor Brady, Council Members
Klueaner, Krleg, Nagie, Nichoison, Voetha~.
Nays~Council Member Daich.
Proof of Publication certified to by the
Publishe~ on Notice of Public Heming to
consider vacating an unused 5 foot wide
utility casement, presented and read. There
were no written objections received and no
oral objectors present at the time of the
He. ming. Council Member Nagle moved that
the proof be received and filed. Seconded
by Council Member Kfiag~ Carried by the
Regular Session, August 17, 1992
352
following vote: Yea~---Maycc Brady,
Council Members Deich. Kluesner, Krieg,
Nagle, Nicbolson, Voetberg. Nays--None.
RESOLUTION NO. 278-92
Whereas, pursuant to resolution and
published notice of time and place of
hearing, published in the Telegraph Herald,
a newspaper of general circulation
published in the City of Dubuque, Iowa on
7th day of August, 1992, the City Council
of the City of Dubuque, Iowa met on the
l?th day of August, 1992, at 7:30 p.m. in
the Public Library Auditorium, 11 th and
Locust, Dubuque, Dubuque County, Iowa
to consider the proposal for the sale of zeal
estate described as:
A 5 foot wide utility easement along the
easterly side of Lot 14 of Block 2 of
Scenic View Heights No. 3 in the City
of Dubuque, as shown on the plat filed
August 18, 1960 recorded in Book of
Plats 27 page 88 in the office of the
Recorder of Dubuque County
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all
objections, oral or written, to the proposal
to dispose of interest of the City of
Dubuque, lowa, in the lierelnabevn
described real estate.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the disposal of thc
interest of tho City of Dubuque, Dubuque
County, Iowa in real proper~y described as
a 5 foo~ wide utility e~seraunt along the
easterly side of Lot 14 of Block 2 of
Scenic View Heights No. 3 in the City of
Dubuque, Iowa be and the sarm is hereby
approved fcc the co~t of publication and
ffllng fees.
Section 2. That the Mayor be
authorized and directed to execute a
Release of Easement, and the City Clerk be
and is hereby authosizcd and directed to
deliver said Release to Richard & B~rhara
Biichmann upon receipt of the above fees.
Section 3. That the City Clerk be and is
hereby authorized and directed to record a
ce~fiad copy of this resolution in the
office of the City Assessor, Dubuque
County Recorder and tho Dubuque County
Treasurer.
passed, aplnoved and adopted this 17th
day of August, 1992.
James E. Brady
Mayor
At,est:
Mary A~ Davis
City Clerk
Council Member Nagle moved adoption
of the Resolution. Seconded by Council
Member Kring. Canied by the following
vote: Ye4~--Mayor Brady, Council Members
Deich, Kluesne~, Ksing, Nagie, Nicholson,
Voetbexg. Nays--None.
Council Member Deich moved to table
tile appointments to the Housing
Commission. Seconded by Council Member
Nicholson. Carried by the following vote:
Yes, s--Mayor Brady, Council Members
Deich, Kluesner, Kriag, Nagle, Nicholson,
Voetberg. Nays--None.
Petition of Reinhold Nelissun of Richards
Rimd requesting to address the Council
regarding the issuance of a special burning
permit to get sid of an old pile of wood,
pl~annted and reed. Council Member Krieg
moved that the petition be recclvnd and fried
and approved with safeguards by City
Manager and Corporation Counsel.
Seconded by Council Member Veetherg.
Canind by the following vote: Ye~s--Mayor
Brady, Council Members Deieh, Kluesner,
Ksing, Nagle, Nicholson, Voetberg.
Nays-Nom.
RESOLUTION NO, 279-92
RESOLUTION AUTHORIZING
THE MAYOR TO EXECUTE A
LETTER OF AGREEMENT WITH
JENSEN, OLDANI & COOPER
Whereas, the City Council is seeking
applications to fill the position of City
Manager fcc the City of Dubuque, Iowa; and
Whare~, the City Council has solicited
proposals from various search firms to
provide assistance to fill this poaition; and
Whereas, at the City Council meeting held
on August 3, 1992, the City Council voted
that the firm of Jensen, Oldani 8: Cooper
submitted a proposal that meets the requested
scope of sc~viees,
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF TH~ CITY
OF DUBUQUE, IOWA:
353
Regular Session, August 17, 1992
Section L That the Loller of Agreement,
submitted by Jenson, Oldaul & Cooper, is
approved to recruit and assist with filling the
position of City Manager for the City of
Dubuque for a professional fce not m exceed
$23,000.00
Section 2. That the Mayor is hereby
authorized and directed to execute the Le~tor
of Agreemunt with Junsun, Oldanl & Cooper.
Passed, approved and adopted this 17th
day of August, 1992.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetbu~g moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by the
following vote: Yeas--Mayor Brady,
Council Memho~ Doich, Kluesnor, Krieg,
Nagla, Nicholson, Voetberg. Nays--None.
Communication of Acting City Manager
presenting a Citizen Pesficipallon Plan for
the Community Development Block Grant
Program and conununication of Board of
Directors of the Cento' for Public Ministry,
requesting postponement of Council action
on the preliminary draft for the CDBO
Citizen Participation Plan, and a Resolution
Approving the Cifizun Participation Plan for
the Community Development Block Grant
Program, presented and read. Council
Member Voetberg moved to table to the
Council Meeting of Saptomhar 8, 1992.
Seconded by Council Member Kfiog.
Carried by the following vote: Ye~s--Mayor
Brady, Council Members Deich, Kiuesner,
Krieg, Nagle, Nicholson, Voetburg.
Nays--None.
Communication of Acting City Manager
requesting approval to pa~cipate in the
Section 8 Housing Voucher Program,
presented and read. Council Member Nagle
moved that the communication be received
and filed. Seconded by Council Member
Nichulson. Cariied by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kiuesner, Kriog, Nagle, Nichulson,
Voethorg. Nays--None.
RF~OLUTION NO. 280-92
A RESOLUTION AUTHORIZING
THE MAYOR TO EXECUTE AN
APPLICATION TO PARTICIPATE
IN THE SECTION 8 HOUSING
VOUCHER PROGRAM.
Whereas, the City of Dubuque recognizes
th~ continuing unmet need for provision of
assisted housing to the City's qualifying
lower-income families; and
Whereas, the City has continuously
provided housing ussistance to Section 8
Housing Program tenants, since 1976; and
Who~es, the U.S. Department of Housing
and Urban Development has made funding
available to encourage municipalities to
implemont innovative programs promoting
the economic independence of lower-income
families, through cooparating efforts of the
public and private sectors; and
Whereas, an in accordance with Section
403A.5 of the Iowa Code which states
"A municipality of a 'Municipal
}lousing Agency' may not proceed
with a housing project until a study or
a report and recommendation on
housing available within the
community is made public by the
municipality or agency and is included
in its recommendation for a housing
project. Recommendations must
receive majority approvni from
local governing body before
proceeding on the housing project.*'
AND IN ACCORDANCE WITH
Section 213(o) of the [lousing and
Community Development Act of 1974,
which states in part that a municipality
must determine whether or not there is
need for such housing assistance,
taking into consideration any
applicable State or areawide housing
assistance plan as well as generally
available data with respect to
population, poverty, housing over-
crowding, housing vacancies and
substandard housing. An application
may be approved only if that
determination is in the affmna~five; and
Whereas, this application is consistent
with the 1992 Comprehensive IIunsing
Affordability Strategy for the City of
Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY OF COUNCIL OF
DUBUQUE, IOWA:
Section 1. The City of Dubuqun has
detemtined there is a need for additional
housing assistance and is knowledgeable of
the status of available housing within the
City as required by Iowa Code and that
majority approvni of the proposed housing
Regular Session, August 17, 1992
354
activity within the City's jurisdiction is
hereby grunted.
Section 2. This resolution is intended to
stove as the City of Dubuque' final notice to
the U.S. Department of Housing and Urixm
Development of such approval ~nd no
additional comment will be made by the City
of Dubuque on this matter.
Section 3. The Mayor is authorized and
diseote, d to execute an apptieation to the U.S.
Department of Housing ~md Urban
Development for peflicipetioo in the Section
8 Housing Voucher Program.
Section 4. Tho City of Dubuque Housing
Commission is hereby directed to conduct
the necessary public hearings regarding this
application as soon as possible in set. dance
with requirements of Chapter 403.A.28 of
the Code of Iowa, and to review and/or
approval or suggest modifications of the
plans for program design and administration
of this proposed program.
Section 5. The Acting City Manager is
hereby authorized and directed to forward
said application and resulting standard
executed contract to the respective agencies
in a timely fashion and as reqni~ed by the
U.S. Dopaxtmunt of Housing and Urban
Devalopment.
Passed, approved and adopted this 17th
day of August, 1992.
Ma~, A. Davis
City Clerk
Attest:
Mary A. Davis
City Clerk
Council Member Nagle moved adoption
of the Resolution. Seconded by Council
Member Nichoison. Canied by the
following vote: Yeas--Mayor Brady,
Council Members De/ch, Kiuesner, Krieg,
Nagle, Nichulsun, Voetberg. Nays--None.
BUSINESS LICENSES -- West Dubuque
Tap requesting to transfer their Beer Permit
from 1701 Asbury Rd. to 3rd & Iowa for
RivorFest Days, presented and read. Council
Member Kluesner moved that the roms for bo
approved. Seconded by Council Member
Dnich. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Dnich, Klu~sner, Kiieg, Nagla, Nicholson,
Voetburg. Nays-None.
RESOLUTION NO. 281-92
NOW, THEREFORE, BE 1T RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the foBowing having complied with
thc provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa,
ho granted a permit to sell Cigarettes and
Cigarette Pupem within said City.
Carol A. Meyers & Lisa M. Tort Tott's Tap
3457 Sucksun SC
Passed, approved and ndopted this 17th
day of August 1992.
Jan~s E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kiuosucr moved
adoption of the Resolution. Seconded by
Council Member Deich. Can-led by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, l~eg,
Nagle. Nichulsun. Voetherg. Nays--None.
RESOLUTION NO. 282-92
Whereas, Applications for Boer Permits
have been submitted and filed to this Council
for approval and the same have been
examined and approved; and
Whareas, The premises to be occupied by
such applicants were inspected and found to
comply with the Onllnances of this City and
have filed proper bonds;
NOW, THEREFORE, BE 1T RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the Manager be authodzed to cause
to be issued the following named applicants
a Beer Permit.
CLASS "BE" BEER PERMIT
JET, Ltd Oky Doky # 1
Sunday Sales 250 West 1st St
CLASS "B" BEER PERMIT
Five Day Permits
Dubuque Westalde Kiwanis Club
Sunday Sales Riverside Park
Donna M. Ginter Specini Event
Sunday Sales 7th Main St;
355 Regular Session, August 17, 1992
Niles of the Square Table
Sunday Sales 6th Street
House of China Special Evem
Sunday Sales Town Clock Plaza
CLASS "C" BEER PERMIT
Rainbo Oil Co. KWIK Stop Food Mart
Sunday Sales 2255 Kerpe~
Trens-Miss Investmunte, Ine. Oky Doky #21
Sunday Sales 2010 Kerper
Malgrew Oil Company Asbury Fastop
Sunday Sales 3300 A~bury
Passed, approved and adopted this
17th day of August, 1992.
James E. Brady
Mayor
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member De'ich. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetberg. Nays--None.
RESOLUTION NO. 283.92
Wbereas, applications for Liquor l~cun~es
have been submitted lo this Council for
approval and thc saree have been examined
and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the State Law and all City
Ordinances relevant thereto and they have
filed proper bonds;
NOW, TIiEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicant
a Liquor lficense.
CLASS "B" (HOTEL MOTEL) BEER
AND LIQUOR LICENSE
Blue Moon Development Company (Iowa)
Clarion Hotel Sunday Sales 450 Main
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Elbe Inc. Dr, B's Billiard
Sunday Sales 2095 Kerper
Jeny Lee James Neighbors Tap
Sunday Sales 1899 Rockdale
Eagle Point Associates, Thc Tollbfidgc Inn
Sales 2800 Rhomberg
CLASS "LE" LIQUOR LICENSE
JFT LTD, Oky Doky #1
250 West 1st St.
Passed, approved and adopted this
17th day of August, 1992
Attest:
Mary A, Davis
City Clerk
Council Member
James E. Brady
Mayor
adoption of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote: Yeas--Mayor Brady.
Council Members Dutch, Kluesner, Krleg,
Nngle, Nicbolsun, Voctherg. Nays--None.
Communication of Zoning Commission
advising of their approval to rezone
properties on Tower Drive and Jaeger Drive
from PR to R-1 and R-4 District, presented
and read. Council Member Kluesner moved
that the communication be received and
filed. Seconded by Council Member Nagle.
Can'ied by the foilowing vote: Yems--Mayor
Brady, Council Members D¢ich, Kluesner,
Krieg, Nagle, Nicholson, Voetberg,
Nays--None.
An Ordinance Amending Zoning
Ordinance by reclassifying propexty located
at 1410, 1430, 1450, 1470 Tower Drive and
Lot 2-1-1-2 of Tower Heights from PR
Planned Residential District to R-4 Multi-
family Residential District and 1560 Tower
Drive and 2203, 2215, 2225, 2237, 2243,
2247 and 2285 J~eger Drive from PR
Planned Residential District to R-I Single
Family Residential DisMet, presented and
read. Council Member Khiesner moved that
this be considered the first wading of the
Ordinance, and that the requirement that a
proposed Ordinance be considered and voted
on for passage at two ~ouncil meetings prior
to the meeting at which it is to be finally
adopted be suspended and further moved that
a Public Heating be held on the Proposed
Ordinance on the 8th day of September,
1992 at 7:30 p.m. in the Public Library
Auditorium at 7:30 p.m. and that the City
Clerk publish notice in the manner
prescribed by law. Seconded by Council
Member Naghi. Canlnd by the following
vote; Yeas--Mayor Brady; Council Members
Dnich, Klcesng, Krieg, Nngle, Nicholson,
Voetberg. Nays--None.
Regular Session, August 17, 1992
356
Communication of Zoning Commission
advising of their approval to ~ezone all lots
e.~st of Donovan D~ve and south of Cora
Drive from R-I to R-2 District, presented
and x. ead. Council Member Voetberg moved
that the ~ommunicatlon be ~e~:eived and
filed. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas---Mayor Brady, Council Members
Dalch, Kluesne~, Krieg, Nagle, Nicholson,
Voetberg. Nays--None.
An Ordinance amending Zoning
Ordinance by reclassifying property located
East of Donovan Drive and South of Cora
Drive from R-I Single-Family Residential
District to R-2 Two-Family Residential
District, with said ama approved by the
Zoning Commission, presented and read.
Council Member Voetberg moved that this
be considered the first reading of the
Ordinance, and that the ruqnirement 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 that
a Public Heating be held on the Proposed
Ordinance on the 8th day of September,
1992 at 7:30 p,re. in the Public Library
Auditorium and that the City Clerk publish
notice in the manner prescribed by law.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas--Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nagle, Nicholson. Voatberg.
Nays~None.
An Ordinance Amending Zoning
Ordinance by reclassifylng property located
South of Cora Drive from R- 1 Single-Family
Residential Disldct to R-2 Two-Family
Residential District, with larger area
requested by applicant, presented and read.
Council Member Voctberg moved that this
be considered the first reading of the
Ordinance, and that the requirement 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 that
a Public Hearing be held on the Proposed
Ordinance on the 8th day of September,
1992 at 7:30 p.m. in the Public Library
Auditorium and that the City Clerk publish
notice in thc manner prescribed by law.
Seconded by Council Member Nicholson.
Carried by tile following vote: Y~Mayor
Brady, Council Members Dutch, Kluesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays--None.
Communication of Zoning Commission
advising of their approval to reclassify
property located West of Windsor Avenne
and East of IJberty Street from R-4 to PR
and also approval of Conceptual
Development Plan, presented and read.
Counc'fl Member Voetberg moved that the
communication be received and fred.
Seconded by Council Member Nngle.
Carried by the following vote: Yeas~Mayor
Bn~ty, Council Members Dcich, Khiesner,
Krieg, Nagle, Nieholson, Voetberg.
Nays--None.
An Ordinance Amending Zoning
Ordinance by reclassifying property located
West of Windsor Avenue and East of
Liberty Street from R-4 Multi-Family
Residential Dis~ct to PR Planned
Residential District and Adopting a
Conceptual Development Plan, presented and
rend. Council Member Voetherg moved that
this be considered the fn-st reading of the
Ordinance, and that the requirement that a
proposed Ordinance be consid~ed and voted
on for passage at two council meetings prior
to the meeting at which it is to be finally
adopted be suspendad and further moved that
a Public Hearing be held on the Proposed
Ordinance on the gth day of September,
1992 at 7:30 p.m. in the Public Library
Auditorium and that the City Clerk publish
notice in the manner prescribed by law.
Seconded by Council Member Nngle.
Carried by the following vote: Year---Mayor
Bredy, Council Members Delch, Klnesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays~None.
Communication of Zoning Commission
advising of their approval of a Text
Amendment w the Zoning by amending
Section 8 "Definitions" of Resteurante for
Drive4~Carryout and Indent Restaurants,
presented and ~e~l. Council Member
Voetherg moved that the communication be
received and filed. Seconded by Council
Member Nngle. Carried by the following
vote: Yeas--Mayor Brady, Council Members
Dutch, Kluesner, Krieg, Nngle, Nicholson,
Voetberg. Nays--None.
An Ordinance amending Zoning
Ordinance by amending Section 8
"Definitions" by repealing and enacting, in
lieu thereof, a definition for Indoor
Restaurant and Drive4n/Csx~yout Restaurant,
presented and read. Council Member
Voetberg moved that this be considered the
first reading of the Ordinance, and that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
council meetings pric~ to the meeting at
which it is to be finally adopted be
suspended and further moved that a Public
Hearing be held on the Proposed Ordinance
on the 8th day of September, 1992 at 7:30
357
Regular Session, August 17, 1992
p.m. in the Public Library Auditorium and
that the City Clerk publish notice in the
manner prescribed by law. Seconded by
Council Member Nagle. Canind by the
following vote: Yeas--Mayor Brady,
Council Members Dalch, Klunsner, Kfing,
Nngle, Nicholsun, Voatberg. Nays-None.
Communication of Zoning Commission
edvining of their denial to rezoning property
West of Bonson Road and Maggan Street
from R-I to R-3 District, presented and read.
Council Member Vootberg moved that the
communication be received and filed ~md
apl~oved denial. Seconded by Council
Member Nichohion. Carried by the
following vote: Yeas--Mayor Brady,
Council Members D~ich, Kluesner, Krlng,
Nagle, Nicholson, Voetberg. Nays--None.
Communication of Zoning Commission
advising of the denial to amend the Idiinn
Dubuque Drive Planned Industrial District to
allow development on part of Parcel "B"
currcefly designated open space, mad an
Ordinance providing for the amendment of
Ordinance No. 17-84 and Ordinances No. 2-
91 which established and amended the Iullen
Dubuque Drive PI Planned Industrial,
presented and read. Council Member Kring
moved that the communication be received
and filed aug Ordinance set for Public
Heating on September 21, 1992 at ?:30 p.m.
in the Public Library Auditorium and that the
City Clerk publish notice in tbe manner
pre~cribad by law, Seconded by Council
Member Vcetberg. Vote on the motion was
as follows: Yeas~ouncil Members
Kluesner, Kriag, Nicholson. Nays--Mayor
Brady, Council Members Ddich, Nngle,
Voetberg. Motion failed.
Council Member Voetberg moved that the
communication be received and filed and
concurred with denial. Seconded by Council
Member Nicholson. Carried by the
following vote: Yeas--Mayor Brady.
Council Members Deich, Nagte, Niceotson,
Veetberg. Nays--Council Members
Klu~sner, Krieg.
MINUTES SUBMITTED: Handicapl~d
Parking Review Committee of 7-21; Historic
Pre~sarvation Commission of 7-15; Housing
Code Appeals Board of ?-21; Housing
Commission of ?-14; Library Board of
Trustees of ?-23; Long Range Planning
Commission of ?-15; Park & Rexa'eation
Commission of 7-7; Transit Trustee Beam of
6-25 & ?-22; Keylice's Comparative
Earnings Statement and Statistics for 4th
quarter of FY'92; Zoning Board of
Adjusto~nt of ?~23; Zoning Commission of
8-5. Presented and re~d. Couac~l iVlcmb;r
Vuntberg moved that the minutes be received
und filed. Seconded by Council Member
Nagle. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Dnich, Kluesncr, Kdag, Nagle, Nicholson,
Voetberg. Nays--None.
NOTICES OF CLaIMS/SUITS - Bnhr
Funeral Home in amount of $1,876.00 for
property damage; Randy Olsen in unknown
amount for vehicle damages, presented and
read. Council Member Voetberg moved that
the clalma and suits be referred to glo Legal
Staff for investigation and reporL Seconded
by Council Member Nagin. Canted by the
following vote: Yeas---Mayor Brady,
Council Members Delch, Kluesner, Krieg,
Nagle, Nicbolson, Voctberg. Nays--None,
Communications of Corporation Counsel
advising of referral of following claims to
Crawford & Company, the agent for the
Iowa Communities Assurance Pool: Car
damage of Jeffrey Sehadl; Personal injuries
of Carl Schlin; Car damage of Robert O.
Schmit; Personal injuries of Dennis Sehrnge,
presen~d and ~ead. Council Member
Voetberg moved that the communication be
received and flied. Secondad by Council
Member Nagle, Carried by the following
vote: Yeas--Mayor Brady, Council Memb~s
Dcioh, Kluesner, Krleg, Nngle, Nicholson.
Voetberg. Nays--None.
Proof of Publication certified to by the
Publisher on List of Claims paid for month
of June, 1992, presented and read. Council
Member Vuntberg moved that thn proof of
publication bo received and filed. Seconded
by Council Member Nagin. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Daleh, Kluesner, Krieg,
Naglo, Nioholson, Voetberg. Nays--None.
Communication of Acting City Manager
submitting Financial Ropmls for month of
July, 1992, presented and read. Council
Member Vc~tberg moved that the
communication be received und flied.
Seconded by Coutinii Member Nagle.
Carried by tho following vote: Ycas~Mayor
Brady, Council Members De,ch, Kluosuer,
Krieg, Nagte, Nichotson, Vo~tberg.
Nays--None.
Communication of Acting City Manager
submithng Supplement No. 11 to the Code
of Ordinam~s. Prvsented and tend. Comicil
Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Nagle,
Car~ed by the foBowing vote: Yeas--Mayor
Brady, Council Members D~ieb, Kluesner,
Regular Session, August 17, 1992
358
Krieg, Nagle, Nicholson, Voetberg.
Nays--None.
RESOLUTION NO. 284.92
ADOPTING SUPPLEMENT NO. 11
TO THE CODE OF ORDINANCES
OF THE CITY OF DUBUQUFo
IOWA
Wl~reas, under date of July 17, 1989, the
City Council, pursuant to Ordinance No. 34-
89, readoptad tbe Code of Ordinances of the
City of Dubuque, Iowa for ordinances
adopted up to and including December 19,
1988; and
Whereas, since December 19, 1988 the
City Council of the City of Dubuque, Iowa
has adopted certain ordinances amending the
Cede of Ordinances and said ameadmente
have been printed as supplements to the
Code of Ordinances; and
Whereas, Section 380.8 of thc Cede of
Ordinances provides that supplements, by
resolution, become part of the Code of
Ordinances.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Supplement No. 11 of
the Code of Ordinances of the City of
Dubuque, Iowa, covering Otdinm~ce No. 40-
92 adopted by file City Council of the City
of Dubuque, on June 1, 1992 prepared by
the Muninipni Code Corporation,
Tallahassee, Florida, hereto filed in the
Office of the City Clerk of the City of
Dubuque. Iowa be and is hereby adopted ~d
becomes part of the Code of Ordinances of
thc City of Dubuque, Iowa.
Passed, approved and adopte~l fids 17th
day of August, 1992.
Jar~s E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voctberg moved
adoption of the Resoblfion, Secx~ded by
Commil Member Nagle. Cmried by the
tallowing vote: Yeas-~ Mayor Brady,
Council Members De'ich, Kinesner, Ktieg,
Nagle, Nicholson, Voetberg. Nays--None.
Conanunlcafion of J. V. McKcnrm of
Madisom WI exFmssing concern regarding
appeara ~ce of thc City, p~escated and real,
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Nagle.
Carried by the foilowing vote: ye.ss--Mayor
Brady, Council Members Dcich, Kinesner,
Kring, Nagle, Nicholson, Voetberg.
Nays--None.
Communication from Ralph Dean, Mayor
of City of Segeviile, IA submitting their
concerns regarding the Iransfarring of
jmisdicfion of the Northwest Arterial and
oth~ r~Aways within its boundaries,
presented md read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Nagin. Carded by the following
vote: Yeas--Mayor Brady, Council Members
Doich, Kluesner, Ir. rlng, Nagle, Nicholson,
Voctberg. Nays--None.
Communication of Dale Repass requesting
assistance with a city stxeet water problem in
the Sunset Ridge area, presented and read.
Council Member Voetberg moved that the
communication be ~cnived and filed and
referred to the City Manager. Seconded by
Council Member Nngin. Carded by the
following vote: Yeas--Mayor Brady,
Council Members Dnich, Kluesner, Krieg,
Nagle, Ninholson, Voetberg. Nays--None.
Communication of James P. Norton of
Book Nook Inc., reques~ng equality be
given regarding the regulation and fee
charges for mobile food carts and catering
trucks in the Casino Belle area parking lot
and requesting City Stuff coordinate the use
of the facilities in the area, presented mM
read. Council Member V~etberg moved that
the conmmdication be receiv~ and flied and
~fex~ed to the City Manager. Seconded by
Cmmcil Member Nagle. Carried by the
following vote: yeast-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nagle~ Nicholson, Voetberg. Nays---None.
Conummicatmn of Z~rting Commis~aon
requesting achon to solve the problems with
odms enumafing from the City's Water
Pollution Control Plealt, p:~esented and read.
Comacil Member Voetberg morea that the
communication be received and filed.
Seconded by Council Member Nagle.
C~mSed by the fdilow~g vote: Yeas--Mayor
Brady, Council Members De, ch, Kluesaer,
K flog, Nagle, Nicholson, Voetherg.
Nays---Nose.
During public input, Mr. Carl Buabach
addressed the Council regarding l~ttering on
Carter Road, requested enforcerrent of
Ordinance on "illegal dumping".
359
Regular Session, August 17, 1992
Ed Tschiggf~ addressed thc Council
r~garding theft denial to amend thc {ulicn
Dubuqne Drivo Planned lndusUia{ District to
allow devinopment on part of Parcel "B"
winch is cumrently designated open space.
There being no further business, Council
Member Voetberg moved to adjourn.
Seconded by Council Member Nagle.
Carried by the following vote: Yeas--Mayor
Brady, Council Members Deich, Kluesner,
KrieS, Nagle, Nicholson, Voetberg.
Nays--None. Meeting adjourned at 8:57
Mary A. Davis
dity Clerk
Approved ~ 1993.
Adopted ~ 1993.
Regular Session, September 8, 1992
360
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, Tuesday, September 8,
1992.
Council Metat7:30 pam, Public Libr~y
Auditorium.
Present: Mayor Brady. Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Acting City Manager Mike Koch.
Corporation Counsel Ban/ A. Lindahl.
Absent at Roll Call: Council Member
Voetberg. Absent: Acting City Manager
Stephaul Johnson.
Mayor Brady read the call and stated this
is the Regular Session of the City Council
called for the purpose to act upon such
business which may properly come befca'e
the Council.
Invocation was given by Father Gene
Kulach, Pastor of St. Anthony's Catholic
Church.
Mayor Brady swore in Council Member
Krieg ~s Mayor Pro-Tern.
PROCLAMATIONS - September aa
"Treatment Works Month" received by Mike
Pratt; September %12 as "Union Label
Week" received by Francis Giunta;
September 13-20 as "Youth Leadership
Week" received by Katrina Wilberdlng;
September 18-20 as "Compassionate Friends
Days" received by Donald Phillips; and
October 31st aa "Trick or Treat Night"
There was a presentation of Certificates of
Appreciation to City Employees Debine
Earle and Doug Scinickmann.
Council Member Nagle moved that the
rules be suspended to allow anyone to speak
if they so dcsile. Seconded by Council
Member Kluesner. Carried by the foilowing
vote: Yeas---Mayor Brady, Council
Members Doich, Kinesner, Krieg, Nagin,
Nicholson. Nays--None. Absent~ouncil
Member Vcetberg.
Proof of Publication certified to by the
Publisher on notice of public hearing to
consider rcclasslfying properties on Tower
Drivc from PR to R-4 and properties on
Tower Drive and Jaeger Drive for PR to R- 1
District, presented and read. There were no
written objections received and no oral
objectors present at the time of the llearing.
Council Menther Kluesner movad tha~ the
proof of publication be received and tiled.
Seconded by Council Member Nicholson.
Carried by the following vote:
Yeas~Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson.
Nays--None. Absent--Council Member
Voetberg.
An Ordinance amending Zoning
Ordinance by reclassifying property located
at 1410, 1430, 1450, 1470 Tower Drive and
Lot 2-1-1-2 of Tower Heights from PR
Planned Residential District to R-4 Multi-
Family Residential District and 1560 Tower
Drive and 2203, 2215, 2225, 2237, 2243,
2247 and 2285 Jaeger Drive from PR
Planned Residential District to R-I Single
Family Residential Disuict, said Ordinance
having been presented and read at the
Council Meeting of August 17, 1992,
presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 65-92
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA
PROVIDING THAT THE CODE
OF ORDINANCES, CITY OF
DUBUQUF~ 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 1410,
1430, 1450, 1470 TOWER DRIVE
AND LOT 2-1-1-2 OF TOWER
HEIGHTS FROM PR PLANNED
RESIDENTIAL DISTRICT TO R-4
MULTI-FAMILY RESIDENTIAL
DISTRICT AND 1560 TOWER
DRIVE AND 2203, 2215, 2225, 2237,
2243, 2247 AND 2285 JAEGER
DRIVE FROM PR PLANNED
RESIDENTIAL DISTRICT TO R-1
SINGLE FAMILY RESIDENTIAL
DISTRICT.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Cede of Ordinances
of the City of Dubuque, Iowa be amended
by revising Appendix A thereof, also known