1993 June Council Proceedings
169
Regular Session, May 18, 1993
'I1teœ being no further busi...s, Council
14- VoetbeJ¡ moved to adjourn.
Seconded by Counc:il Member Nagle.
Carried by Ihe following vole:
V--Mayor Brady, Counc:il Members
Kluesner, Nagle, Nicbo11Oß, Voctbcrg.
Nay.--None. Abscnl-COWlc:il Member
Krieg. Meedng adjourned 01 5:40 p.m.
Mary A. Davis ÇMC
City CIcrlt
Appoved :f¿.-ll..-¿¿cu..-.J ;<;/1994.
Adopted :J;A"-d:~ vi'! 1994.
/
i/
ColU1cil Members
Attest: d /1- .'
ß"""".ü ?
/t.. .
City Clerk
CITY OF DUBUQUE
BOARD OF HEALTH
OFFICIAL
PROCEEDINGS
Spcclal Board of Hca11b Mecdng,
June 7, 1993
Board Mel 01 7:25 p.m., PoWc Ublary
Auditorium
Present CbaiJperson Brady, Board
Members Kluesner, Krieg. Nagle, Nichol....,
Voctbcq . VIC8RI: One Board Member Seal
Chairperson Brady æad the call and stated
this iJ a SpcciaI Meedng of the Board of
Hca11b called fo< the purpose to approve an
Agreemenl wilb Ibe Visidng Nurses
Associadon (VNA).
Communication of City Manager
requesting approval of an Agreemenl
between Ibe City of Dubuque and Ibe
Visidng Nurses Associadon (VNA) for
service in Fiseal Year 93-94, presented and
read. Board Member Krieg moved tbal
execudon of Ibe Agreemenl be approved.
Scccnded by Board Member Nicholson.
Carried by Ibe following vole:
V...-chsirpcnon Brady, Board Members
Kluesner, Krieg, Nagle, Nicholson. Voctbcq .
Nays-None.
There being no further bnsin..s, Board
Member Krieg moved to adjourn Ibe
meedng. Scccnded by Board Member
Nagle. Csrried by the following vote:
V...-cbairpcrson Brady, Board Members
Kluesner, Krieg, Nagle, Nicholson. Voctberg.
Nayo-None. Meedng adjourned at 7:36
p.m.
Mary A. Davis CMC
Secretary, Board ofHca11b
170
1994.
Board of Hca11b Members
Attest:
~ ~~£H~
of Hca11b
171
Regular Session, June 7,1993
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, June 7, 1993
ColU1c:il Mel at 7:30 p.m., Poblic Ublary
Auditorium
Pioscnt: Mayo< Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson. Voctbcq ,
City Manager Michael Van Millig..,
Corporation Counsel Bany A. Undah1.
Vacanl: Third Ward Coonci1 Member.
Mayor Brady read the call and stated this
iJ the Regular Session of tbe City Council
ca11cd for tbe J>UII>CO" to set upon such
busine.. wbich may properly come bef<rc
tbe Council.
Invocation was given by Fstber Craig
Welbaurn, Rector of SL John's Episcopal
Church.
PROCLAMATIONS -- June 13-19 as
"Elderhostel Week" received by a
_s..tative from tbe University of
Dubuque: June 13-17 as "Dcllars Ag8Ìnsl
Diabetes Days".
There was a presentadon of a Cemficste
of Appreciation for pardcipstion in tbe
D.A.R.E. Program to Debbie Anderson by
Police Officer Steve E88tvedL Cerdficstcs
of Appreciation were presented to City
Employees Jerry Al"'l of tbe Park Division
and Carole Stahl of tbe Trsnsit Division.
Interviews .nd appointment of Council
Member rcpcscnting 3m Ward: (CoqxJration
ColU1se1 submitting opinion regarding tbe
eligibility of City Employees for City
Council Appointment 0< Election). The
following spoke requesting appointment as
Third Ward Council Member representadve:
Jeff Silles, 3018 Central; Robert O. Schmi~
Sr., 2528 Windsor, George Bcaves, 2473
Jackson, Rick Baumhover, 1203 Garfield,
Judie Fjellman, 2132 Delicia Dr., Joseph T.
Robbins, 2598 Elm SL, and Dave Baker
spoke on behalf of Joseph Robbins.
Vote on tbe appointmenl was as follows:
Mayor Brady voted for Rick Baumhover.
ColU1ci1 Member Krieg voted for Fjc:ilman.
ColU1ci1 Member Kluesner voted for
Fjellman. Cooncil Member Nagle voted for
Robbins. Council Member Nicholson. voted
for Silles. Cooncil Member Voctberg voted
for Robbins.
There being no majority, a second vote
was taken: Mayo< Brady voted for Robbins.
ColU1ci1 Members Kluesner voted for
Fjellman. ColU1ci1 Member Krieg voted for
Fjellman. Council Member Nagle voted for
Robbins. Council Member Nicholson voted
for Silles. Council Member Voclberg voted
for Robbins.
There being no majority, a thùd vote was
taken: Mayor Brady voted fo< Robbins.
ColU1cil Member Kluesner voted for
Fjellman. Council Member Krieg voted for
Fjcllman. Cooncil Member Nagle voted for
Robbins. Council Member Nicholson voted
for Silles. Cooncil Member Voclbcq voted
for Robbins.
There being no majority vote, a fourth
vote was taken: Mayo< Brady voted for
Robbins. Cooncil Member Kluesner voted
for Fjellman. Council Member Krieg voted
for Fjellman. ColU1cil Member Nagle voted
for Robbins. Council Member Nicbolson
voted for Robbins. Cooncil Member
Voctberg fo< Robbins.
Upon Ibis fourth and final vote, Joseph T.
Robbins was appointed to be tbe TbinI Ward
Council Member to ml Ibe unexpired term of
tbe late Donald E. Dcich, Sr. and tbal term
will expire November 2, 1993.
Mayor Brady sw<rc in tbe newly
appointed Council Member, Joseph T.
Robbins, and also as Mayor Pro- Tem.
Council Member Nagle moved to suspend
tbe rules to allow anyone present to address
tbe Cooncil if tbey so desire. Seconded by
ColU1cil Member Nicholson. Csrried by tbe
following vote: Y--Mayo< Brady,
ColU1ci1 Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voctbcrg. Nays-None.
Proof of Publicadon ccrdfied to by tbe
Publisher on Norice of Poblic Hearing 10
reclassify property located at 3400 Asbury
Rd. from OR to OS Distric~ presented and
read. TOOre were no written objccdons
received and no craI objectors presenlat tbe
dme of the Hearing. Council Member
Kluesner moved tbal tbe )8'OOf and petidon
be received and mod. Seconded by Council
Mcffiber Nagle; Csrried by tbe following
vote: Y--MayorBrady, Council Members
Kluesner, Krieg, Nagle, Nicbolson, Robbins,
VOCIbcq . Nayo-None.
An Ordinance amending Zoning
Ordinance by reclassifying property located
al 3400 Asbury Road from OR Office
Residendal Dislricl to OS Office Service
Distrie~ said Ordinance having been
presented and æad at tbe Council Meedng of
May 17, presented for final action.
Regular session, June 7, 1993
172
(OFFICIAL PUBLICATION)
ORDINANCE NO. 27-93
AN ORDINANCE OF TIlE CllY
OF DUBUQUE, IOWA
PROVIDING THAT THE CODE
OF ORDINANCES, CITY OF
DUBUQUE, lOW A, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS
THE WNING ORDINANCE OF
THE CllY OF DUBUQUE, IOWA,
BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERlY LOCA1ED AT 3400
ASBURY ROAD FROM OR
OFFICE RFSIDENTIAL DISTRICT
TO OS OFFICE SERVICE
DISTRICT.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Thsl the Code of Ordinances
of Ihe City of Dubuque, Iowa be amended
by revising Appendix A tbcreof, also known
as tbe Zoning Ordinance of tbe City of
Dubuque, Iowa, to reclassify hercinafter
described property from OR Office
Residendal District to OS Office Service
Distric~ to wil:
Lot 2 of Lot 1 of Lol 3 of John P.
M..tel's Subdivision No.2 and to tbe
center line of tbe adjoining public
right-of-way, all in tbe City of
Dubuque, Iowa.
Secdon 2. Tbal tbe forcgcing amendment
bas bcrctofore been reviewed by tbe Zoning
Commission of tbe City of Dubuque, Iowa.
Passed, approved and adopted this 7tb dRy
of June, 1993.
Attest:
Mary A. Davis
City CIeri:
Poblished officially
Herald newspspcr this
1993.
James E. Brady
Mayor
in tbe Tekgraph
15tb dRy of June,
Mary A. Davis CMC
It 6/15 City Clerk
Council Member Nagle moved final
adopdon of the Ordinance. Scccnded by
Council Member Nicholson. Csrried by tbe
following vote: Yeas-Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voctbcrg. Nays-None.
Proof of Poblicsdon ccrdfied to by tbe
Poblisher on Norice of Poblic Hearing to
reclassify propemes on Central and
Milwaukee Street from L1 to C-3 Distric~
and petidon of Rnger Hess objecting to tbe
rezoning al10 Milwaukee SL, presented and
read. Council Member Nagle moved tbsl tbe
proof of publicarion and peddon be received
and mod. Scccnded by Council Member
Nicholson. Csrried by the following vote:
Y--Mayor Brady, Cooncil Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voctberg. Nays-None.
An Ordinance Amending Zoning
Ordinance by reclassifying propemeslocated
at 3270, 3370, 3400, 3450 Central Avenue
and 10 Milwaukee Slrcct from L1 light
Industrial to C-3 Geners! Commercial
Distric~ ssid Ordinsnce having been
presented and read at tbe ColU1cil Meedng of
May 17, presented for final acdon.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 28-93
AN ORDJNANCE OF THE CllY
OF DUBUQUE, IOWA
PROVIDING THAT THE CODE
OF ORDINANCES, CllY OF
DUBUQUE, lOW A, BE AMENDED
BY REVISJNG APPENDIX A
THEREOF, ALSO KNOWN AS
THE WNING ORDINANCE OF
THE CITY OF DUBUQUE, IOWA,
BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERlY LOCATED AT 3270,
3370, 3400, 3450 CENTRAL
AVENUE AND 10 MILWAUKEE
STREET FROM LI LIGHT
INDUSTRIAL TO C.3 GENERAL
COMMERCIAL.
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE,IOWA:
Section 1. Tbal the Code of OnIinances
of tbe City of Dubuque, Iowa be amended
by revising Appendix A tbcreof, also known
as tbe Zoning Ordinance of tbe City of
Dubuque, Iowa, to reclassify hereinafter
described property from L1 Ught Indnsbial
District to C-3 Goners! Conuncrcial Distric~
to wit:
linehan Park Addidon Lots 16, 17, LI-
1.24, 1.2-1-24, Lot 25, Lot 32, Lot 33, Lol
39, Lot 40, Lot 41, Lol 47, Lot 48, Lot
49.
Section 2. That tbe forcgcing amendment
bas heretofore been reviewed by the Zoning
Commi..ion of tbe City of Dubuque, Iowa.
Passed, approved and adopted this 7tb dRy
of June, 1993.
Attesl:
Mary A. Davis
City Clerk
James E. Brady
Mayor
173
Regular Session, June 7,1993
receipl of bids for projeci and
communication of Cily Manager
recommending to award con1rac1 for projcc~
presented and read. Council Member Nagle
moved tbat the proof and commUJûcstion be
received and filed. Seconded by Council
Member Nicholson. Csrried by tbe
following vote: Yeas-Mayor Brady,
ColU1cil Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voctbcrg. Nays-None.
RESOLUTION NO. 15/ó-93
AWARDING CONTRACT
Wbereas, sealed proposals bave been
submitted by con1ractors for tbc SL Ambrose
Storm Sewer Extension pursuant to
Resolution No. 147-93 and notice to bidders
published in a newspsper publisbed in tbe
City of Dubuque, Iowa on the 2Otb day of
May, 1993.
Wbereas, said scaled proposals were
opened and read on tbe 25th day of May,
1993 and il has been determined tbat Ibe bid
of McDcrmoll Escavating of Dubuque, Iowa
in tbe amount of $45,211.63 was tbe lowest
bid for tbe furnishings of all labor and
materials and performing the work as
provided for in tbe plans and specificadons.
NOW THEREFORE, BE IT RESOLVED
BY TIlE CITY COUNCIL OF THE CITY
OFDUBUQUE,10WA:
That the contrset for tbe above
improvement be awarded to McDermott
Excsvadng and the Manager be and is
hereby directed to execute a con1ract on
behalf of tbe City of Dubuque for tbe
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon tbe signing of said contrsel and
tbe approval of the con1ractor's bond, tbe
City Treasurer is autborizcd and instructed to
return tbe bid deposits of tbc IU1succossful
bidders.
Passed, approved and adopted this 71b day
of June, 1993.
James E. Brady
Mayor
Poblished officially in the Telegraph
Herold newspaper this 15tb day of June,
1993.
Mary A. Dsvis CMC
City Clerk
It 6/15
ColU1ci1 Member Kluesner moved final
adoption of the OnIinance. Scccnded by
Council Member Nagle. Csrried by tbe
following vole: Yeas-Mayor Brady, I
Council Memhcrs Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voctbcrg. Nays-None.
Proof of Poblication ccrdfied to by tbe
Poblisher on Notice of Hearing on PI... and
Spcclfications for construction of SL
Ambrose Street Storm Sewer Extension,
presented and read. There were no written
objecdons rcœived and no oral o~ectors
present at Ibe time of tbe Hearing. Council
Member Nagle moved tbat tbe proof of
publicadon be rcœived and filed. Scccnded
by Cooncil Member Nicholson. Csrried by
tbe following vote: YCIS-Mayor Brady,
ColU1ci1 Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voctbcrg. Nays-None.
RESOLUTION NO. 155-93
RFSOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Wbcrc88, on tbe 12tb day of May, 1993,
pI..., spcclfications, form of con1rac1 and
estimated cost were filed witb tbe City Clerk
of Dubuque,lowa for tbe SL Ambrose SI<rm
Sewer Estension.
Wbcrc88, notice of hearing on plans,
spcclfications, form of con1rac~ and
estimated cost was poblished as required by
law.
NOW TIlEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the said plans, specifiearions, f<rm
of contracl and estimated cost are hereby
approved as the plans, spcclfications, form of
contrscl and esdmatcdoost for said
improvements for ssid projecL
Passed, adoptccl and approved tbiJ 7tb day
of June, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Nagle moved adoption
of tbe Resolution. Seconded by Council
Member Nicholson. Csrried by tbe
following vole: YCIS-Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voctbcrg. Nays-None.
Communication of City Manager
requesting approval to execute Iowa
Deparlment of Natural Resources
AdminiJtradve in tbe matter of tbe
Wastewater Facility, presented and read.
Attesl:
Mary A. Duvis
City Clerk
ColU1ci1 Member Nagle moved adoption
of tbe Resoludon. Seconded by Council
Member Nicholson. Csrried by tbe
following vole: YCIS-Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nichelson, Robbins, Voctbcrg. Nays-None.
Proof of Poblication cemfied to by ,tbe
Poblisher on Notice to Bidders on tbe
Regular Session, June 7, 1993
Council Member Krieg moved that tbe
communiearion be received and filed.
Seconded by CoW1ci1 Member Nagle.
Csrried by the fo\1owing vote: Ycas-Mayor
Brady, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voctbcrg.
Nays-None.
RESOLUTION No. 157-93
RESOLUTION AUTHORIZING
THE EXECUTION OF IOWA
DEPARTMENT OF NATURAL
RESOURCES ADMINISTRATIVE
ORDER NO. 93-WW~ IN THE
MATl'ER OF CITY OF DUBUQUE
WASTEWATER FACILITY NO.
31-240-0.01.
Whereas, tbe City of Dubuque owns and
opcrates WasteW_FacilityN" 31-26-ß.01;
wbich Wastewater Faci1ity has failed to
comply witb certain requirements of Iowa
law; and
Whereas, tbe Iowa \Jcpartmcnl of Na-
Resourecs and the City of Dubuque bave
agreed to certain actions to abate and prevent
furtber violations of Iowa law witb respect to
tbe operation of the wastewater facility, as
sel fortb in the attached Administradve
Consent OnIer No. 93-WW-.
NOW, THEREFORE,BEITRESOLVED
BY TIlE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Administradve Consent OnIcr
No. 93-WW-, a copy of wbich is allacbed
hereto, is hereby approved, and tbe Mayor is
hereby autborizcd and directed to sign such
Administrative Consent OnIer on behalf of
tbe City of Dubuque.
Section 2. The City isaware ofits appeal
rights pursuanl to Iowa Code §455D.175,
and the City Council hereby consents to tbe
issuance oftbeattached OnIerand waives its
appeal rights regarding such OnIer.
Passed, appreved and adopted tbis 7tb day
of June, 1993.
James E. Brady
Mayor
Altesl:
Mary A. Davis
City Clerk
Council Member Krieg moved adoption
of tbe Rcsoludon. Seconded by Council
Member Nagle. Csrried by the following
vole: Y --Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nichol...., Robbins,
Voctbcq . Nayo-Nonc.
Proof of Poblicadon ccrdfied to by the
Poblishcr on Notice of Hearing on PI... and
Specifications for construction of Dubuque
Water Pollution Control Planl Pbasc I
Improvements, presented and read. TOOre
were no written o~ections received and no
oral objectcn prcscnl al tbe dme of tbe
Hcadng. Council Member Kluesner moved
tbat tbe proof of psblication be received and
filed. Scccnded by Cooncil Member Krieg.
Csrried by the following vote: Y--Mayor
Brady, Cooncil Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voctbcrg.
Nays-None.
RESOLUTION NO. 1511.93
RESOLUTION ADOPTJNG PLANS
AND SPECIFICATIONS
Whereas, on tbe 5tb day of April, 1993,
pI..., specifications, form of contract and
estimated cost were filed witb tbe City Clerk
of Dubuque, Iowa, fo< tbe Pbasc I Improve-
ments, Water Polludon Control PIan~ and
Whereas, nodce of hcsrlng on plans,
specificadons, f<rmof contracl and estimated
cost was published as required by law.
NOW T11EREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA:
Secdon 1. That tbe said plans,
specificadons, f<rm of contract and estimated
cost are bereby approved as tbe pI...,
specificsdons, form of contract and esdmated
cost for said improvements for said projecL
Passed, approved and adopted this 7tb day
of June, 1993.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Kluesner moved
adoption of the Resolution. Scccnded by
ColU1ci1 Member Krieg. Csrried by the
following vote: YCIS-Mayor Brady,
Council Memhcrs Kluesner, Krieg, Nagle,
Nicholson,Robbins, Voctberg. Nays-None.
Proof of Poblication ccrdfied to by tbe
Publisher on Notice to Bidders to Bid for
above projccl and conununication of City
Manager recommending to award con1rac1
for projec~ presented and read. Couocil
Member Kluesner moved tbat tbe proof of
publicadon and the communication be
rcœived and filed. Seconded by Council
Member Krieg. Csrried by tbe fo\1owing
vote: Y CIS-Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voctbcrg. Nays-None.
RESOLUTION NO. 159-93
AWARDING CONTRACT
Wbe...., scaled proposals bave been
submitted by con1ractors for tbe Ph... 1
Improvements, Water Polludon Control
Plan~ pursuant to Resoludon No. 103-93 and
174
175
Regular Session, June 7,1993
nodce to bidders published in a newspaper in
the City of Dubuque, Iowa, on tbe 9tb and
3Otb days of April, 1993; and
Wbcrcas, said sealed pIqIOSaIs were
opened and read on !be 18tb day of May,
1993, and it has been determined tbat Ibe bid
of Indiana Construction Corp. of Fort
Waync, Indiana, in the arnounl of $6,997,000
was the lowesl bid for tbe furnishings of sll
labor and materials and performing tbe work
as provided to< in tbe plans and
spcciflcadons.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Thsltbecontraclf""theabove
imp'Ovcmcnl be awarded to Indiana
Construction Corp. and tbe City Manager be
and is bereby directed to execute a conbacl
on behalf of tbe City of Dubuque for tbe
complete performance of the work.
Section 2. That upon the signing of ssid
conbact and the appreval of the conbactcr's
bond, the City Treasurer is autbcrized and
instructed to return tbe bid deposits of tbe
unsuccessful bidders.
Passed, approved SlId adopted this 7tb day
of June, 1993.
James E. Brady
Mayor
Attesl:
Mary A. Davis
City Clerk
ColU1ci1 Member Kluesner moved
adopdon of the Resolution. Seconded by
Council Member Krieg. Csrried by tbe
following vote: Yeas-Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voclbcrg. Nay>-Nonc.
Council recessed at 8:50 p.m.; Council
reconvened at 9:13 p.m.
Communication of City MSIIager
requesting authorization to execute
agreement witb Strand AlIOCiates to
supervise construcdon of improvements at
Water Pollution Control Plant, presented and
read. ColU1cil Member Kluesner moved tbal
tbe communication be received and fI1ed.
Scccnded by Council Member Voctberg.
Carried by Ihe following vole:
y...-council Members Kluesner, Krieg,
Nicbolson, Voclberg. Nay>-Mayo< Brady,
Council Member Nagle, Robbins.
RFSOLUT10N NO. J/íO-93
AUTHORIZING THE CITY
MANAGER TO EXECUTE A
CONTRACT WITH STRAND
ASSOCIATES, INC. FOR THE
PURPOSE OF PROVIDING
ENGINEERING SERVICES
DURING CONSTRUCTION FOR
THE PHASE I IMPROVEMENTS
AT THE WATER POLLUTION
CONTROL PLANT
Wbcrcas, a construction conlIacl bas been
awarded for Pbasc I 1mp'Ovements at tbe
Duboque Water Pollution Control Plan~ and
Wbercas, Stmnd Associates, Inc., has
submitted to tbe City an agreement to
conduct tbese services for an amount not to
exœcd $406,000; and
Wbcrcas, funds have been legslly
appropriated f<r ibis expenditure.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE,10WA:
Secdon 1. Thai the City Manager be
autborized to execute tbe agreement for
engineering services witb Stmnd Associates,
Inc., dated May 21, 1993, for tbe Phase 1
1mp'Ovement project at the Dubuque Water
Pollution Control PlanL
Passed, spproved and adopted tbiJ 7tb day
of June, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
ColU1cil Member Kluesner moved
adopdon of the Resolution. Seconded by
Council Member Voctberg. Csrried by tbe
following vote: y...-council Members
Kluesner, Krieg, Nicholson, Voctberg.
NaY>-Mayor Brady, Council Members
Nagle, Robbins.
Communicsdon of Greater Dubuque
Development Corporation (G.D.D.C.)
requesting clariflcadon on appointment of
City Manager and Mayor to serve on tbe
G.D.D.C. BosnI of Directors and also
requestin8 affinnation of Council Member
Dan Nicholson to serve to 6-95 and
designate another Council Member to serve
a tbrcc year tcnn to 6-96, (ColU1ci1 Member
Krieg's teon), presented and read. Council
Member Voctberg moved tbst Council
Member Krieg be appointed to serve a tcnn
to 6-96 and Cooncil Member Nicholson to 6-
95 on tbe GDDC Board and City Manager
and Mayor's. appoinlmcnt affirmed.
Scccnded by Council Member Nagle.
Csrricd by tbe following vote: Yeas-Mayor
Brady, Cooncil Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voctbcrg.
Nay>-None.
Communicsdon of REAP Committee
requesting a City rcprcsenunive to their
committee, presented and read. Council
Member Krieg moved tbat ColU1cil Member
Kluesner be appointed as rcprcsenunive witb
Regular Session, June 7, 1993
176
Council Member Joseph Robbi.. u sltcrnate
to !be REAP Committee. Seconded by
Council Member Nicholson. Csrried by tbe
following vote: Y--Mayo< Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson,Robhins, Voctbcrg. Nayo-Nonc.
Appointmcnl of Council Member to fill
vacancy, as sI_ve, on Opcradon: New
View Board of Directors, presented and read.
Council Member Nagle moved tbat Council
Member Joseph Robbins be appointed as
alternate on the Operation: New View BosnI
of Dircctcrs. Seconded by Council Member
Voctbcq . Csrried by the following vote:
Y~ayor Brady, CoIU1c:il Members
Kluesner, Krieg, Nagle, Nicbolson, Robbins,
Voclbcq . Nayo-None.
Communicadon of Cily Manager
requesting approval of By1awl Qperadng
Policies for tbe Hoosing Commission Trust
Fund Committee, presented and æad.
ColU1ci1 Member Voctberg moved tbat tbe
communicadon be received and fI1ed SlId
policies approved. Seconded by Council
Member Nicholson. Csrried by tbe
following vote: Y--Mayo< Brady,
Council Memhcrs Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voctbcrg. Nay>-Nonc.
Communicadon of Cily Manager
requesting approvsl of a "Coortcsy Parking
Ticket" program, presented and read.
Council Member Voctberg moved that tbe
communication be received SlId fI1ed and
approved program, as amended. Secondo<!
by Council Member Nagle. Csrried by tbe
following vote: Y--Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voctbcrg. Nay>-Nonc.
Communicadon of City Manager
recommending to implemenl changes in tbe
curbside recycling collection system by
adding magazines, presented SlId æad.
ColU1ci1 Member Voctbcq moved tbat tbe
communicadon be received and fI1ed and
recommendadons approved. Seconded by
Council Member Krieg. Csrried by tbe
following vole: Y--Mayor Brady,
ColU1ci1 Memhcrs Kluesner, Krieg, Nagle,
Nicholson,Robbins, Voctbcrg. Nay>-Nonc.
Scott Dittmar of Environmental Resources
Recycling, spoke to tbe matter.
Communicadon of City Manager
submitting an OnIinance providing for stop
signs at intcrsecdon of Csrtcr Road SlId
Hillcrest Rd., presented and read. Council
Member Kluesner moved that the
communication be received and fI1ed.
Seconded by Council Member Nagle.
Csrried by tbe following vote: Y cas-Mayor
Brady, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voctbcq .
Nay.--None.
An OnIinance Amending Code of
Ordinances by modifying suhaccdon (b) of
Section 32-214 providing f"" the addidon of
"Stop Signs" at the intcrsecdon of Carter
Road and Hillcrcsl Rood, prescnted and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 29-93
AN ORDINANCE AMENDING
THE CODE OF ORiOINANCES OF
THE CITY OF DUBUQUE, IOWA,
BY MODIFYING SUBSECTION (b)
OF SECTION 32-214 THEREOF
PROVIDING FOR THE ADDITION
OF STOP SIGNS AT THE
INTERSECTION OF CARTER
ROAD AND WLLCRFST ROAD
NOW, THEREFORE, BE IT ORiOAlNED
BY THE CITY COUNCIL OF mE CITY
OF DUBUQUE, IOWA:
Section 1. That tbe Code of OnIinanccs
of tbe City of Dubuque, Iowa be amended
by adding Carter Road to Suhaccdon (b) of
Secdon 32-214 thelOOf as follows:
"Sec. 32-214. Stop 1ntersccdons.
(b) ...
Nortbboond and Sootbbound
Carter Road and Hillcrest Road.
Passed, appreved and adopted ibis 7tb day
of June, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Poblished offlcislly in tbe Tekgraph
Herald newspaper this 16tb day of June,
1993.
Mary A. Dsvis
City Clerk
It 6/16
ColU1cil Member Kluesner moved tbsl this
be considered tbe first reading of tbe OnIi-
nance, and tbat tbe requirement tbat a
proposed OnIinance be considered and voted
on for passage al two Council meetings prior
to the meeting at which it is to be fInslly
adopted be suspended and further moved
finsl adoption of tbe Ordinance. Scccnded
by Cooncil Member Nagle. Csrried by tbe
following vote: Y--Mayo< Brady,
ColU1cil Memhcrs Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voclbcrg. Nay>-Nonc.
Communication of City Manager
submitting an OnIinance deledng tbe
prohibiting of parking on perdons of N<rtb
Grsndview Ave., presented and read.
177
Regular Session, June 7, 1993
Council Member Kluesner moved tbal the
communicadon be received and fitcd.
Seconded by Cooncil Member Voctbcrg.
Csrried by Ibe following vote: Ycss--Mayor
Brady, Coonci1 Members Kluesner, Kric¡,
VoetbeJ¡. Nayo-Counc:il Members Nagle,
Nicbolson, Robbins.
An Ordinance Amending Code of Or-
dinances by deleting parts of N<rtb
Grsndview Avenue from subsection (d) of
Sccdon 32-262 tbcrcof providing for tbe
prohibiting of parking, presented and read.
ColU1ci1 Member Voclberg moved tbal this
be considered tbe firsl reading of tbe
Ordinance, and tbat tbe requirement that a
proposed Ordinance be considered and voted
on for passage at two Council mccdngs prior
to the mccdng at wbicb it is to be finully
adopted be Impended and further moved
final adopdon of tbe Ordinance. Scccnded
by Cooncil Member Kluesner. Vote on tbe
modon was as follows: Y--Mayor Brady,
Council Members Kluesner, Krieg, Robbins,
Voclbcq . NayS-Council Members Nagle,
Nicholson. MOTION FAILED DUE TO
LACK OF 3/4 VOTE NEEDED.
ColU1ci1 Member Kluesner moved tbat Ibis
be considered tbe first reading only of tbe
Ordinance. Scccnded by ColU1cil Member
Voclbcq . Csrried by tbe following vote:
Yeas-Mayor Brady, Cooncil Members
Kluesner, Krieg, Voctberg. Nays-council
Members Nagle, Nicholson, Robbins.
Proof of Publicadon cerdfied to by tbe
Publisher on Notice to Bidders on tbe
Receipt of Bids for the ConslrUcdon of Peru
Road Reconstruction Project from Jackson
Sb'cct to the Nurtherly City Limits and
communicalion of City Manager
recommending to award contract for project
witb asphall pavement alternative, presented
and read. Council Member Nicholson
moved tbat tbe proof of pablicadon and
communication be received and filed.
Seconded by Council Member Nagle.
Csrried by tbe following vote: Y--Mayor
Brady, Cooncil Members Kluesner, Nagle,
Nicholson, Robbins. NaYS-COuncil
Members Krieg, Voclbcq .
Dan Sasbell, Asphall Assn. of the State of
lows, requested to conslrUcl Peru Rd. witb
asphalt. Council Member Voctbcq moved
adopdon of a Resolution A warding Contract
for project to Tschiggfrie Excavating
Cof!IP8RY fo< the asphalt aItemadve in tbe
amoont of $1,171,944.25. Seconded by
Council Member Krieg. Vote on tbe motion
was as follows: y...-council Members
Krieg, Voctberg. Nays-Mayo< Brady,
Council Members Kluesner, Nagle,
Nicbolson, Robbins. Motion fsiled.
RF3OLUTION NO. "1-93
AWARDING CONTRACT
Wbereas, sealed proposals bave been
submitted by conlractors for the Peru Road
Reconstruction Project pursuant 10
Resoludon No. 124-93 and notice to bidders
published in a newspaper published in tbe
City of Dubuque, Iowa on the 14tb day of
May, 1993 and tbe 21st day of May, 1993..
Wbereas, ssid sealed proposals ,were
opened and read on tbe 27tb day of May,
1993 and it has been determined !bal Ibe bid
ofTscbiggfrie Excavating of Dubuque ,1 OWl
in the amounl of $1,171,944.25 was the
10WCII bid fo< the fumisbings of uIl lsbor
and mstcrials and perf<rming the work as
provided fo< in tbe plans and specifications.
NOW THEREFORE, BE IT RESOLVED
BY TIm CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA: '
That the contract for tbe above
improvemenl be aw,.ntcd to Tscmggfri~.
ExClvadng and the Manager be and Is'
hereby directed to execute a contract on
behalf of tbe City of Dubuque for tbe
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon tbe signing of ssid conlrsel and
tbe approval of tbe contractor's bond, the
City Treasurer is autbori"" and instructed to
return tbe bid deposits of the' unsuccessful
bidders. ' .
Passed, approved and adop\Çd this 7tb day
of June, 1993. .
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
ColU1cil Member Nicholson moved
adopdon of the Resolution. Seconded by
ColU1eil Member Nagle. Csrried by tbe
following vote: Yeas-Mayor Brady,
Council Members Kluesner, Nagle".
Nicholson, Robbins. Nays-Council
Members Krieg, Voctbcrg.
Coinmunicadon of City Manager
recommendin8 to approve the issuance of
General Obligadon Bonds, presented and
read. Council Member Krieg moved tbat tbe
communication be received and filed.
ColU1cil Member Krieg moved tbat tbe
communication be received and filed.
Scccnded by Council Member Nagle.
Csrried by tbe following vote: Y --Mayor
Brady, Cooncil Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voclbcq .
Nays-None.
!leøular Session, June 7,1993
178
RESOLUTION No. 162.93
RESOLUTION AUTHORIZING
AND PROVIDING FOR THE
ISSUANCE OF $4,'15,000
GENERAL OBLIGA 110N BONDS,
SERIES 1993A, AND LEVYING A
TAX TO PAY SAID BONDS
WHEREAS, tbe Issuer is duly
inc<rporatcd, organized and exists under and
by virtue of the laws and Consdtudon of tbe
State of Iowa; and
WHEREAS, tbe Issuer is in need of flUIds
to pay coots of tbe cons_don, reconstruc-
tion, and repairing of s- improvements;
tbe cons_don, rcconstrucdon, ex1cnsion,
improvemenl and equipping of storm sewers
and facilides useful for the coIIecdon and
disposal of surface waters and streams and
Ihe reconstruction, exlension and
improvement of tbe exiJting airpert, an
essential corporate purpose, and it is deemed
necessary and advisable tbat General
Obligation Bonds in tbe amoonl of
$2,000,000 be issned for ssid purpose; and
WHEREAS, pursuanl to notice publisbed
as required by Sccdon 384.25 of ssid Code,
this Council has held a pablic meedng and
hearing upon tbe proposal to insdlUtc
proceedings to< the issuance of ssid Bonds,
and the Council is tberefore now autborized
to proceed witb tbe iJsnance of ssid Bonds;
and
WHEREAS, the City is in need of funds
to pay costs of adjusdng and refunding
existing general obligation indebtedness of
tbe City as is more fully sel forth in the
scbedule of Bonds to be refunded,
hereinafter set forth as Exbibil "A", attacbed
to this resolution, and il is deemed necessary
and advisable !bat ssid City should iJsue il
Essendal Corporate Purpose General
Obligadon Bonds to tbe amoont of
$2,615,000 for said purpose; and
WHEREAS, it is found and determined
!bal tbe aforessid adjustmenl and refunding
of present indebtedness is ncccllary and in
tbe poblic interest and will benefil tbe City
and its taxpayers by reslrUcbuing one (I)
outstanding iJsue of honds to< purposes of
more efficient administradon tbcrco~ by
cooforming tbe debl service requiremenls to
the andcipated rcocipt of tax funds tbcreby
reducing the impact of delays in tbe
collection of future taxes upon tbe City's
cash floW; and to adjust tbe requirements of
tbe outstanding indebtedness so as to
facilitate the <rdedy redrcment of hoods
andcipstcd to be issued for future capital
improvements; and
WHEREAS, it presendy appears tbat tbe
af<rcssid benefits may be realized and al tbe
same time savings may be effected in tbe
debt service fand requirements of the City by I
refunding of the hoods set forth in tbc
scbedulc set f<rtb u Exbibit"A ", attached to
tbiJ Resolution and made a part hereof by
this refcrcncc; and
WHEREAS, pursuant to tbe provisions of
Chapter 75 of the Code of Iowa, the above
mendoned hoods were heretofore sold at
public sale and sedon should now be taken
to illue said honds conforming to tbe tentll
and condidons of the best bid received at tbe
advcrdacd poblic sale.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Sccdon 1. Definidons. TOO following
tcnns shull have the following meanings in
this Rcsoludon unless tbc texl expressly or
by necessary impllcadon requires otbcrwisc:
(a) "Bonds" shall mean $4,615,000
General Obligadon Bonds, Series 1993A,
autborized to be issued by this Resoludon;
(b) "Issuer" and "City" shull mean tbe
City of Dubuque, Iowa;
(c) "Poying Agent" shull be Norwcsl
Bank Iowa, N.A., or such successor as may
be approved by Issuer as provided herein
and who sball carry out tbe duties prescribed
herein as Issuer's agent to provide for tbe
payment of priocipal of and interest on tbe
Bonds as the same shall become due;
(d) "Project Fund" sball mean tbe flU1d
required to be established by this Resolution
for the deposit of tbe proceeds of tbe Bonds;
(e) "Rebate Fund" shall mean the fund so
defined in and establisbed pursuant to tbe
Tax Exempdon Ccrdficatc;
(I) "Registrar" shull be N<rwest Bank
Iowa, NA of Dcs Moines, Iowa, or such
successor as may be approved by Issuer as
provided herein and who shull carry oul tbe
duties prescribed herein witb respect to
maintaining a register of tbe owners of tbe
bonds. Unlell otherwise specified, the
Registrar shsll also act as Transfer Agent for
tbe bonds:
(g) "Tax Excmpdon Cemficate" shull
mean tbe Tax Exempdon Ccrdficate
executed by tbe Treasurer and delivered at
tbe time of illuance and delivery of tbe
Bonds;
(h) "Treasurer" sball mean the City
Treasurer or such otber officer as sball
succeed to tbe same duties and
responsibilides witb respect to tbe recording
and paymenl of tbe Bonds illued hereunder,
and
(i) "Trustee" shall mean N<rwest Bank
Iowa, N.A. of Des Moines, lows, or its
successor as may be approved pursuant to
tbe "Refunding Trust Agrccmcnt" referred to
herein between tbe1ssuer and tbe Trustee for
tbe purpose of insuring the payment of tbe
outstanding bonds.
178
Regular Session, June 7,1993
Secdon 2. Levy and Ccrtificadon of
Annual Tax; Otbcr Funds to be Used.
(a) Levy of Annual Tax. Thai fo< tbe
purpose of proViding funds to pay tbe
priocipal and in_II of tbe Bonds
hereinsftcr autborizcd to be iJsucd, tbcrc is
hereby levied for each future year tbe
following diIcct annual tax on all of tbe
taxable property in Dubuque, Iowa, to-wit:
FISCAL YEAR (JULY 1 TO JUNE 30)
AMOUNT YEAR OF COlLECTION:
$ 448,641.00 1993/1994
$ 355,377.00 1994/19115
$1,204,583.00 1995/1996
$1,069,575.00 1996/1997
$ 775,083.00 1997/1998
$ 198,710.00 1998/1999
$ 158,175.00 199912000
$ 403,975.00 200012001
$ 488,925.00 200112002
$ 444,125.00 200212003
(NOTE: Fo< example the levy to be made
and cemfied against tbe taxable vsluations of
lanuary 1, 1993, will be collected during tbe
fiscal year commcocing July 1, 1994).
(b) Resolution to be Filed Witb County
Auditor. A cemfied copy of this Resolution
shoold be mod witb tbe County Auditor of
Dubuque Coonty, Iowa, and ssid Auditor is
hereby instructed in and for each of tbe
years as provided, to levy and assess the tax
hereby autborizcd in Section 2 of this
Resoludon, in like manner as other taxes arc
levied and assessed, and such taxes so levied
in and for each of tbe years aforessid be
collected in like manner as otber taxes of tbe
City arc collected, and when collected be
used for tbe purpose of paying priocipal and
interesl on said Bonds issued in anticipadon
of said tax, and for no otber purpose
whatsoever.
(c) Additionsl City Funds Available.
Principal and interest COßÙng due at any dme
when tbe prccccds of said tax on band shall
be insufficient to pay tbe same shall be
promptly paid when due from current funds
of the City available for tbat purpose and
reimbursement shall be made from such
spcclal fund in tbe amounts tbus advanced.
Section 3. Bond Fund. Said tax shall be
collected each year at the saroc time and in
tbe same manner as, and in addidon to, all
otber taxes in and for the City, and wren
collccted tbey shall be converted into a
spcclsl flU1d within the Debt Service Fund to
be known as tbe "GENERAL OBUGA T10N
BOND FUND 1993A NO.1" (tbe "Bond
Fund"), wbich is bereby pledged for and
shall be used only for tbe payment of tbe
priocipal of and interest on the Bonds
hereinafter autborized to be issued; and slso
tbere shall be apportioned to said fund its
proportion of taxes received by tbe City from
railway, express, telephone and telegraph
companies and other taxes ...essed by the
Iowa State Dcpsrtmcnl of Revenue.
Secdon 4. Applicadon of Bond Proceeds.
Proceeds of the Bonds otber !ban sccrucd
interest and except as provided in Secdon 15
of this Resolution shall be credited to tbe
Project Fund and expended therefrom for the
purposes of issuance. Any amounts on hand
in the Projccl Fund shall be available for lb.
paymenl of tbe principal of or interest on tbe
Bonds at any time tbat other funds shsll be
insufficient to tbe purpose, in wbich event
such funds shall be repaid to tbe Project
Fund at tbe earliest opportunity. Any
balance on band in tbe Projecl Fund and not '
immediately required for ils purposes maybe .
invested not inconsistent wilb limitations
provided by law or this ResQlu1jon. Ac¡¡rucd "
interest, if any, shsll be deposited ¡'¡IM..
Bond Fund. ' .
Section 5. Investments of Bond FIU14 ,,"
Proceeds. All moneys bold in tbe Bond
Fund, provided for by Secdon 3 of Ibis
Resolution shsll be invested in investments
pennittcd by Chapter 12B, Code of Iowa,
1993 (formerly Chapter 452, Code of Iowa,
1991, as amended) or deposited in financisl
insdtutions wbich arc members of tbç
Federal Deposit Insurance Corporadon and
tbe deposits in which arc insured tbereby and.
all such deposits exceeding the maximun.:
amount insured from dme to time by FDIC'
or its equivslent successo< in anyone
financial insdtution shall be continuously
secured by a vslid pledge of direct
obligadons of the United States Government
having an equivalent markel vslue. All such
interim investments shsll mature before the
date on wbieb tbe moneys arc requirc4 for
payment of principsi of or interest on the
bonds as herein provided.
Section 6. Bond Details, Execution and
Redempdon.
(a) Bond Details. Gencrsl Obligadon
Bonds of tbe City in tbe amounl of
$4,615,000, shall be issued pursuant to tbe
provisions of Section 384.25 of tbe City
Code of Iowa for the aforesaid purpose. The
Bonds shall be designated "GENERAL
OBUGA nON BOND, SERIES 1993A", be
dated June 1, 1993, and bear interest from
tbe date tbereof, until paymenl tbereof, al tbe
office of tbe Paying Agen~ said interest
payable on November 1, 1993, and
semiannually thereafter on tbe 1st day of
May and November in each year unli!
maturity at tbe rates hereinaftci provi<!cd. :
The Bonds shsll be executed. by' th~
facsimile signature of the'Måyo< and _ste,1 '
by tbe fsesimile signature of tbe Clerk, and
printed witb tbe sca1 of the City and shall be
fully registered as to botb priocipsi and
interest as provided in this Resoludon;
Regular s,sslon, June 7,1993 180
principal, interest and premium, if any, shall Section 7. Rcgistmtion of Bonds;
be payable at the office of the Paying Agent Appointmcnl of Registrar, Transfer,
by rnaiIIng of a cbeck to the registered Owncrsbip; DelivCJY; and Cancellation.
owner of thc Bond. TOO Bonds shall be in (a) Registradon, TOO owncrsbip of
the denomiuation of $5,000 0< muldplcs Bonds may be tranJfcrrcd only by tbe
tbereof. TOO Bonds shall mature and bear msldng of an entry upon the books kepi for
interesl u follows: tbe registradon and transfer of ownersbip of
Interest Rallo tbe Bonds, and in no otbcr way. Norwesl
265% Bank Iowa, NA is hereby appointed as
3.05% Bond Registrar under tbc terms of this
3.35% Resoludon and under the provisions of a
3.65% separate agrccmenl witb the IsslIe< med
3.85% herewitb wbich is made a part hereof by this
4.10% reference. Registrar shall maintain the books
4.20% of tbelsslle< for tbe registmtion of ownersbip
4.30% of the Bonds for tbe payment of principsi of
4.40% and interest on tbe Bonds as provided in this
4.50% Rcso1udon. All Bond, shall be negotiable as
Principal Amount provided in Ardcle 8 of tbe Unif<rm
$ 290,000 Cornrneroial Code and Section 384.31 of tbe
190,000 Code of Iowa, SUbjecl to the provisions for
1,045,000 registmtion and transfer contained in tbe
945,000 Bonds and in this resolution.
685,000 (b) Trsnsfer. The ownersbip of any
135,000 Bond may be tranJfencd only upon tbe
100,000 Registmtion Books kept for the registration
350,000 and transfer of Bonds and only upon
450,000 surrender thereof at tbe office of tbe
425,000 Regislrar together with an assignment duly
Maturity May 1st executed by tbe hclder or bis duly authorized
1994 attorney in focI in sueb f<rm as shall be
1995 satisfsetory to tbe Regislrar, along witb tbe
1996 address and socisl security number or federal
1997 employer idendfication nurnber of such
1998 transfcrcc (or, ifregistmtion is to be made in
1999 tbe name ofmuldple individuals, of all such
2000 transferees). In tbe event tbat tbe address of
2001 tbe registered owner of a Bond (otber !ban a
2002 regis!Ored ownerwbich is tbe nominee oftbe
2003 broker or dealer in qucsdon) is tbat of a
(b) Redcmpdon. Bonds maturing allcr broker or dealer, there mnst be disclosed on
May 1, 2001, may be called fo< redemption tbe Registradon Books tbe information
by tbe Jasner and paid before maturity on pertaining to the registered owner required
said date or any date thereafter, from any above. Upon the transfer of any such Bond,
funds regard1css of source, in whcle or from a new fully registered Bond, of any
dme to dme in pari, in anyonlcr of maturity denominadon or denominadons pennittcd by
and within an annual maturity by lot by this Resolution in aggregate principsi 8I1IO1U11
giving not less !ban thirty (30) no< m<rc tban equal to tbe unmatured and unrcdccmed
sixty (60) days'noriceofredempdon by first priocipal amount of such transferred fully
cl... mail, to tbe registered owner of tbe registered Bond, and bcadng interesl at tbe
Bond. Failure to give sueb nodce by mail to same rate and maturing on tbe same date or
any registered owners of tbe Bonds (or dates shall be delivered by tbe Regislrar.
pardon tbcrcof) or any defect tbcrein shall (c) Registration ofTrsnsfcrrcd Bonds. In
not affect tbe validity of any prccccdings for all esses of tbe transfer of tbe Bonds, tbe
tbe redemption of otber Bonds (or pardons Regislrar shall register, at tbe earliest
tbercof). The tcnns of redempdon shall be practicable time, on tbe Registmtion Books,
par, pins accrued interest to date of call. tbe Bonds, in ac:cordancc witb tbe provisions
If selecdon by lot within a maturity is of this Rescludon,
required, tbe Regislrar shall by -dam (d) Ownersbip. As to any Bond, tbe
selecdon of the names of tbe registered penon in whose name the owncrsbip of tbe
owners of the en1irc annual maturity select same shall be registered on tbe Registration
tbe hoods to be redeemed lU1ill the total Books of tbe RegiSIrar shall be deemed and
amount of Bonds to be called bas been regarded as the absclute owner tbercoffo< all
rcschcd. purposes, and paymenl of or on accounl of
181
Regular SØ8llon, June 7, 1993
the principsl of any such Bonds and the
prcmiwn, if any, and interesl thereon &ball be
made only to 0< upon the mIcr of the
registcn:d owner tbcrcof 0< bis legal
rcprcscntadve. All sueb payments shall be
valid and effectual to satisfy and diseharge
tbe liability upon such Bond, including tbe
interest tbcreon, to tbe exlenl of tbe sum or
sums 10 paid.
~)Can~adon. AllBoooswbi~h~e
been rcdccmcd shall not be reissued bul shall
be ClRcelled by tbe Registlar. All Booos
wbich arc csn~ed by the Registlar shall be
destroyed and a ccrdficstc of the des1rUCtion
tbcreof shall be furnished prornpIIy to the
Issuer, provided tbal if tbe Issuer shall 10
dircc~ tbe Registlar shall fOl'Ward tbe
ClßCClled Bonds to tbe Issuer.
(I) Non-Prcsentmenl of Booos. In tbe
evenl any paymenl ebeek representing
paymenl of principsi of er interest on tbe
Booos is returned to tbe Paying Agenl or if
any bond is not preICRted for payment of
principsi al tbe maturity er redempdon date,
if fuoos sufficient to pay such principsl of or
intcrc&t on Bonds shall have been made
available to the Paying Agent for tbe bencfil
of tbe owner tbereof, all liability of tbe
Issuer to the owner tbcreof for such interest
or paymcnl of sueb Bonds shall f<rtbwitb
CC81C, terminate and be complelely
discbarged, and tbercupon it shall be tbe
duty of tbe Paying Agent to hold sueb funds,
witboulliability for intcrcal tbcrcon, to< tbc
benefit of the owner of such Bonds who
shall tbercaftcr be restricted excllllively to
such funds for any claim of whalever natmc
on bis pari under this Resoludon or on, or
witb respeet to, such interesl or Bonds. The
Paying Agenl's obligadon to hold such funds
shall continue for a perind equal to two ycsrs
and six montbs following the dste on wbich
such interesl or principsl bccsmc duo,
whctber 51 maturity, 0< at the dste fixed for
rcdcmpdon tbcreof, or otbcrwise, al which
dme tbe Paying Agen~ shall sum:nder any
remaining fuoos so held to tbe Issuer,
whereupon any claim under this RelOlution
by tbe Owners of such interesl or Bonds of
whatever natmc shall be made upon tbe
Issuer.
(g) Registration and Trsnsfer Fees. The
Registrar may furnish to csch owner, at tbe
Issuer's expense, one bond fo< csch annual
maturity. The Registrar shall furnish
addidoual bonds in 1csscr denominadons (but
nolle.. !ban tbe minimum denorninadon) to
an owner who so requests.
Secdon 8. Reissuanco of Muillatcd,
Destroyed, Stolen 0< Losl Bonds. In CISC
any outstanding Booo shall become
mutilated or be destroyed, stolol1 or los~ tbe
Issuer shall at tbe request of Registrar
authenticate and deliver a new Bond of like
tener and amount as the Bond 10 muillatcd
dellrOyed, stolen or los~ in exchange and
substitution for such muillated Bond to
Registrar, upon suncnder of such muillafcd
Booo, or in lieu of and subsdtution for tbe
Bond destroyed, stolen or los~ upon filing
witb tbe Registlar evidence sadsfactory to
tbe Registlar and Issuer tbal sueb Bond bas
been destroyed, stolen 0< losl and proof of
ownersbip thereof, and upon furnisbing tbe
Registrar and Issuer witb sadsfactory
indemnity and complying witb sueb otber
reasonable rcguladons as the Issuer 0< its
agenl may pre.scribe and paying such
expenses as tbe Issuer may incur in
connection tberewitb.
Secdon 9. Record Date. Payments of
priocipsi and intcrcs~ otbcrwise tban upon
full redemption, made in respeel of any
Bond, shall be made to tbe registcn:d holder
tbereof or 10 tbeir designated agent as tbe
same appear on the books of tbe RegislIar
on the 15tb day of tbe montb preceding Ibe
payment date. All such payments shall fully
discharge tbe obligadons of the Issuer in
respeel of such Bonds to tbe extenl of the
payments 10 made. Payment of principsi
shall only be made upon suncndcr of Ibe
Bond to tbe Paying AgenL
Section 10. Execution, Autbendcation
and Delivery of the Bonds. Upon tbe
adoption of this Resoludon, the Mayor and
Clerk shall execule and deliver tbe Bonds to
tbe RegislIar, who shall autbenticstc tbe
Bonds and deliver the same to or upon order
of tbe Purchaser. No Bond shall be valid or
obligatory for any purpose or shall be
entitled to any right 0< benefit hereunder
unless the Registrar shall duly endorse and
execute on such Bond a Cemficstc of
Autbendcation substandally in tbe form of
the Ccrdficstc herein sel f<rtb. Such
Ccrdficate upon any Bond executed on
behalf of the Issuer shull be conclusive
evidence tbal tbe Bond 10 autbcndcstcd bas
been duly usued under this Resoludon and
tbat tbe holder tbcrcof is entitled to tbe
benefits of this Resolution.
No Bonds shall be autbcnticated and
delivered by tbe Registlar unless and IU1til
tberc shall hsve been provided tbe following:
1. A cemfied copy of tbe resoludon of
Issuer autborizing tbe issuance of tbe Bonds;
2. A written order of Issuer signed by
tbe City Treasurer of tbe l..uer dirccdng tbe
authentication and delivery of tbe Bonds to
or upon tbe order of tbe Purchaser upon
payment of the purcbase price as sel fortb
tberein;
3. The approving opinion of Ahlers,
Cooney, Dorwci1er, Haynie, Smitb & Allbee,
P.C., Bond Counsel, concerning the vaddity
Regular Session, June 7, 1993 182
and legality of all the Bonds proposed to be I Section 12. Form of Bond. Booos shall
¡ssned. be printed in substantial compliance witb
Secdon 11. Right to Name Subsdtute standards proposed by tbe American
Paying Agenl or Registlar. Issuer reserves Standards Insdtule substantially in the f<rm
tbe righl to name a subsdtute, successor as follows:
Registrar 0< Paying Agent upon giving
prompl written nodce to each registered
hoooholder.
I (6) I
r (7) I
I (6) I
I (8) I
I II} I
GGGG
I ~ I
I (gal I
lID)
Continued on the back of this bond
00
FIGURE 1
(front)
183
Regular Session, June 7, 1993
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I (10) I (16) I (17) I
! (Continued) : ì
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FIGURE 2
(back)
~ular Session, June 7, 1993
184
The texl of the Bonds to be located
tbcrcon 01 tbe item
numbers shown shall be as follows:
Item1,figure1="STAmOF10WA"
"COUNTY OF DUBUQUE"
"CITY OF DUBUQUE"
"GENERAL OBLIGATION BOND"
"SERIES 1993A"
"ESSENTIAL CORPORAm PURPoSE"
Item 2, figure 1 = Rate:
Item 3, figure 1 = Mstority:
Item 4, figure 1 = Bond Date: JIU1C 1,
1993
Item 5, figure 1 = CUSIP No.:
Item 6, figure 1 = "Registered"
Item 7, figure 1 = Certificate No.
Item 8, figure 1 = Priocipal Amount: $
Item 9, figure 1 = The City of Dubuque,
Iowa, a municipal corporation organized and
cxisdng under and by virtue of tbe
Constitudon and laws of tbe State of Iowa
(the "Issuer"), for value received, promises to
pay from tbe source and as hereinafter
provided, on the maturity date indicated
above, to Item 9A, figure 1 = (RegiJtradon
panel to be completed by Regislrar or Printer
witb name of Registered Owner).
Item 10, figure 1 = or registered assigns,
tbe principal sum of (principal amoonl
written oul) THOUSAND DOLLARS in
lawful money of tbe United Slates of
Amcrlca, on tbe maturity date shown above,
only upon presentadon and sU11Cl1der hereof
at tbe office of N<rwClt Bank Iowa, N.A., I
Paying Agenl of this issue, or its successor,
witb interesl on said sum from tbe date
hereof unill paid at tbe rate per annum
specified above, payable on November 1,
1993, and semiannually tbcrcaftcr on the 1st
day of May and November in csch year.
Interest and principal shall be psid to tbe
registered holder of the Bond as shown on
tbe rccooIs of ownership maintained by the
Registrar as of tbe 15tb day of tbe montb
nexl preceding sueb interesl payment dstc.
Interest shall be computed on tbe basis of a
360-day year of twelve 30-day monilia.
Tbis Bond is illued parsuant to the
provisions of Sccdon 384.25 of tbe City
Code of Iowa, for tbe purpose of paying
costs of tbe construction, rcconstrucdon, and
repairing of slrcet improvements; tbe
COß81rucdon, rccons1ruction, extension,
improvement and equipping of storm sewers
and facilities useful to< tbe collecdon and
disposal of surface wa- and slrcams and
the reconstruction, extension and
improvement of tbe exisdng aitport, and
adjnsdng and refunding existing general
obligation indebtedness of the City of
Dubuque, Iowa, tbe proceeds of a pardon of
this illue being deposited in 1rus~ pursuanl
to tbe temUI of a Refunding Trnst
Agreemen~ and invested in such manner as
to pay, Wren due, tbe installments of
priocipal of and interest on tbe City's
presendy ootslanding general obligation
bonds to be refW1ded from a p<rdon of tbe
proceeds of this us... in conformity to a
Rcsoludon of the Council of the City, duly
p8IIcd and approved. Bonds maturing after
May 1, 2001, may be ca11cd for redemption
by tbe Issuer and paid bef<rc maturity on
said date or any date tbercaftcr, from any
funds regardless of source, in whole or from
time to time in ~ in any <rdcr of maturity
and within an annual maturity by lot by
giving not less !ban thirty (30) DO< m<rc !ban
sixty (60) days' nodce ofredempdon to tbe
registered owner of the Bond. The terms of
rcdcmprion shall be par, pI.. acaued in_I
to date of call.
Nod.. hereunder may be given by first
cl... mail to tbe owner of record of tbe
Bond at the address shown on tbe books of
tbe Regislrar and shall be deemed complete
upon mailing. Fallure ID give such notice by
mail to any registered owners of the Bonds
(or p<rdon tbereof) or any defect therein
shall nol affccl tbe vslidity of any
proceedings for the rcdcmpdon of other
Bonds (or pardons tbcrcof).
Ownersbip of this Bond may be
transferred only by transfer upon tbe books
kepi for sueb purpose by Norwcst Bank
Iowa, N.A., tbe Registrar. Sueb transfer on
tbe books shall occur only upon presenladon
and sU11Cl1der of this Bond at the office of
tbe Regislrar as designated below, Iogetbcr
witb an assignmcnl duly executed by tbe
owner bcrcof or bis duly autborized attorney
in tbe form as shall be sadsfactory to tbe
Registrar. Issuer reserves tbe right to
subsdtute tbe Regislrar and Paying Agent but
shall, however, prompdy give notice to
registered bondholders of such ebange. All
bonds shall be negodable as provided in
Amcle 8 of Ibe Uniform Commercial Code
and Sccdon 384.31 of tbe Code of Iowa,
subject to the provisions for regiJtradon and
transfer contained in the Bond Resolution.
Tbis Bond is a "qualified tax-cxempl
obligadon" designated by tbe City for
purposes of Sccdon 265(bX3)(B) of tbe
1ntcmal Revenue Code of 1986.
And it is hereby represented and ccrdfied
tbal all acts, condidons and things requisite;
sccording to tbe1aws and eonsdtution oftbe
State of Iowa, to exis~ to be bad, to be done,
or to be perf<rmcd prcccdcnt to the lawful
issue of this Bond, bave been existen~ had,
done and peñormcd as required by law; that
provision has been made fo< the levy of a
sufficicnl condnuing annual tax on all tbe
taxable property within the tenitory of tbe
Issuer for tbe payment of the principal and
interesl of tbu Bond as tbe same will
respectively become due; tbat tbe faitb,
185
Regular S888lon, June 7,1993
crcdi~ revenues and ......... and all die
real and pcnonaI property of the 111uer arc
iJrcvocably pledged for the _I paymenl
bcrcof, both principal and interes~ and !be
total indebtedness of tbe Issuer including this
Bond, docs nol exceed tbe consdtudona1 or
statutoly linitadons.
IN TESTIMONY WHEREOF, Ibe Issuer
by its Council, has caused this Bond to be
signed by the fselimlle signature of its
Mayo< and a1les!cd by tbe facsimlle signature
of its City Clerk, witb the seal of said City
printed bcrcon, and to be autbcndcstcd by
the manual signature of an autborized
_ICRtadve of the Regislrar, Norwcst
Bank Iowa, N.A.
Item 1\, figure 1 = Date of
authendcadon:
Item 12, figure 1 = Tbis is one of tbe
Bonds described in tbe witbin mcndoned
Rcsoludon, as registered by Norwest Bank
Iowa, N.A..
NORWEST BANK IOWA, NATIONAL
ASSOCIATION,
Regislrar
By:
Autborizcd Signature
Item 13, figure 1 = Rcgìslrar and
Trsnsfer Agent:
Norwesl Bank Iowa, N.A.
Paying Agenl: Norwesl Bank Iowa, N.A.
COIpO1'IIIc Trost Opcradons
255 Scccnd Avenue Soutb
MiMcapolis, MN 55479-01\3
SEE REVERSE FOR CERTAIN
DEF1NmONS
Item 14, figure 1 = (Seal)
Item 15, figure 1 = [Signature Block]
CITY OF DUBUQUE,10WA
By: (fsesimlle signature)
Mayor
ATTEST:
By: (fsesimlle signature)
City Clerk
Item 16, figure 2 = 11 U cemfied tbal tbe
following is a correct and complete copy of
the opinion of bond colU1sel issned as of tbe
date of delivery of tbe illue of wbich this
Bond is a perl
(fac.simlle signature)
City Clerk
(Opinion of Bond Counsel]
Item 17, figure 2 = (Aslignmenl Block]
[lnf<rmation Required for Registradon]
ASSIGNMENT
For value received, tbe IU1dersigned
hereby sells, ...igns and transfers unto
(Social Security or Tax 1dentificadon No.)
tbe within Bond and docs hereby iJrcvOClbly
constitute and appoinl attorney in fact to
transfer tbe said Bond on the boob kepi for
registration of tbe within Bond, witb full
power of subsdtudon in tbe premises.
Dated
(Pcrson(s) executing this Assignment
sign(s) here)
SIGNATURE )
GUARANTEED)
IMPORTANT - READ CAREFULLY
The signature(s) to this Power must
COIrcIpeIId witb tbe name(s) as written upon
tbe face of the cordficate(s) 0< hond(s) in
every pardclÛar witboUI ai-on or
enlargement or any change wbatever.
Signature guarantee musl be provided in
acoordance witb the prevailing standards and
procedures of tbe Regislrar and Ttansfer
AgenL Such standards and procedures may
require signature to be guanmtced by certain
eligible guarantor insdtudons tbat pardcipstc
in a recognized signature gwuantee program.
INFORMATION REQUIRED FOR
REGISTRATION OF TRANSFER
Name of Trsnsfcrcc(s)
Address of Trsnsfercc(s)
Social Security or Tax
1dcndficadon Number of
Trsnsfercc(s)
Trsnsfcrcc is a(n):
1udividual'
Corpesntion
Partnersbip
Trust
'If tbe Bond is to be registered in tbe names
of muldple individual owners, tbe names of
all such owners and one address and social
security number mUll be provided.
The following abbrcviadons, wren used in
tbe inscription on tbe fscc of this Bond, shall
be construed as tbough written 001 in full
according to applicable laws or reglÛations:
TEN COM - as tenants in common
TEN ENT - as tenants by tbe endrcties
IT TEN - as joint tenants witb righl of
survìvmbip and not
as tenants in common
IA UNIF TRANS MIN ACT -
..........Custndian..........
(Cnst) (Mino<)
under iowa Unifoim Transfers to
Minors ACL..................
(State)
ADDITIONAL ABBREVIATIONS MAY
ALSO BE USED THOUGH NOT IN THE
ABOVE LIST
Secdon 13. Contracl Between Issuer and
Pnrcbascr. Tbis Resoludon consdtutes a
contract between ssid City and tbe purchaser
of tbe Bonds.
~ular Selalon, June 7, 1993
Section 14. Non-Arbilla ¡e Covenants. A
portion of tbe pocceds from the sale of the
Bonds shall be deposited in trust u provided
in the following Section hereof. None of the
proceeds of the Bonds, and none of the
investment income tberefrom, will be used in
a manner wbieb will ca... any of the Bonds
to be classified as arbIlla ¡e bonds within tbe
meaning of Secdon 148(0) and (b) of tbe
Intcmsl Revenue Code of the United States,
and tbat throughout !be IeJm of said Bonds
it will comply witb tbe requirements of said
statute and reguladons usucd tbcreunder.
To tbe besl knowlcc1ge and belief of tbe
Issuer, tbcre arc no facts or cin:umstanccs
tbal would materially change the foregoing
statements 0< tbe conclusion tbat it u not
expected tbat tbe pocceds of tbe Bonds will
be used in a manner tbsl would CIßIC tbe
Bonds to be arbIlla ¡e bonds. Witboul
limidng tbe genenùity of the f<rcgoing, tbe
Issuer hereby agrees to comply witb tbe
provisions of tbe Tax Exemption Ccrdficste
and tbe provisions of the Tax Exempdon
Cemficate arc hereby incorporated by
reference u port of this Resoludon. The I
Treasurer is hereby directed to make and
insert all calclÛadons and detenninadons
neœssary to complete the Tax Exempdon
Ccrdficste in all respects and to execute and
deliver tbe Tax Exempdon Cemficstc al
issuance of tbe Bonds 10 cordfy as to the
reasonable expectadons and covenants of the
Issuer at tbat date.
Any flU1ds received from the Truslec for
use of tbe Paying Agen~ to pay principal
and interest on tbe hoods to be refunded
shall be bold in CIIh or non-intercsl bcadng
demand deposits separate from all other
moneys or accounts of tbe Issuer.
Secdon 15. Deposit of Proceeds In
Escrow. $- of tbe pmcccds
derived from tbe sale of the bonds herein
autborized, other tban accrued interest wbich
shall be deposited in the Bond Fund created
by Secdon 3 of this Rcsoludon and pmcccds
derived from tbe sale of bunds herein
autborized wbieb shall be deposited in tbe
Project Fund crested by Section 4 of this
Reso1udon, shall be pIsccd in escrow witb
Norwest Bank Iowa, N.A., as Trustee under
tbe Refunding Trust Agreement dated as of I
June 1, 1993, which Truslec shall 1) hold
such pmcccds in a special and irrevocable
lrust fund, 2) invesl such pmcccds only in
CIIh or direct obligadons of the United
States, and 3) apply such pmcccds and
earnings tbercon only in accordance witb tbe
terms and coudidons of tbe Refunding Trust
AgrccmenL All tbe terms and condidons of
tbe ReflU1ding Trust Agrccmenl arc hereby
inCOlpcrllted by reference in this Resolution
as if set btb herein in full. The Refunding
Trusl Agrccmenl is hereby appreved and
confinncd u binding upon the Issuer, and
tbe Mayo< and City Clerk arc hereby
autborined to execUte tbe same on behalf of
the Issuer.
Section 16. Sevcrabi1ity CIa.... If any
secdon, paragraph, cia... o<provision of this
Rcsoludon be held invalld, such invalidity
shall not affect any of tbe remsioing
provisions hereof, and this Rcsoludon shall
become effecdve immediately upon its
psasage and approval.
Section 17. Addidona\ Covenants,
RcprcICRtadonsand Wamnties of the Issuer.
The Issuer cordfies and covcnanls witb tbe
purchasers and holders of the Bonds from
dme to time '"'tstanding tbst the Issuer
through its officers, (a) will make such
furtber specific cove...Is, reproICRtations
and asS1uaJ\OCS as may be necessary or
advisable; (b) comply with all
_sentadons, cove...1s and assurances
contained in the Tax Exempdon Cemficate,
which Tax Exempdon Cemficstc shall
constitute a part of the contract between tbe
Issuer and tbe owners of the Bonds; (c)
consult witb bond counsel (as defined in tbe
Tax Exempdon Cerdficstc); (d) pay to tbe
United States, as necessary, such sums of
money representing required rebates of
excess arbitrage profits relating to tbe Bonds;
(e) file such forms, statemcnls and
suppordng documenls as may be required
and in a dmcly manne~ and (I) if deemed
neœssary or advisable by its offiocrs, 10
employ and pay fiscal agenls, financial
advisors, attorneys and other persons to
assut the Illocr in such compliance.
Secdon 18. Amendment of Resoludon 10
Msintain Tax Exempdon. Tbis Resoludon
may be amended witbout the consenl of any
owner of tbe Bonds if, in tbe opinion of
bond coonsel, such amendment is neœssary
to maintain tax exemption witb respect to tbe
Bonds under applicable Fcdcrs1 law or
regulations.
Section 19. Qualified Tax-Exempt
Obligadons. Fo< the sole purpose of
qualifying the Bonds as "Qualified Tax
Exempt Obligadons" pursuant to tbe1ntemal
Revenue Code of the United States, the
Issuer designates the Bonds as qualified
tax-cxempl obligadons and represents tbat
tbe reasonably anticipated amounl of tax
exempl govenuncntal and Cnde Secdon
501(c)3 obligadons wbich will be issued
during the current calendar year will not
exceed Ten (10) Million Dollars.
Secdon 20. Repeal of Conflicdng
Resoludons 0< Ordinances. That all
ordinances and resolutions and parts of
ordinances and resolutions in conßict
herewitb arc hereby repealed.
186
187
Regular Session, June 7,1993
POlled, approved and adopted this 71b day
of June, 1993.
James E. Brady
Mayor
Attest
Mary A. Davis
CityClcrl<
Council Member Krieg moved adopdon
of the Rcso1udon. Seconded by Council
Member Nagle. Csrried by the following
vote: Y--Mayor Bnuly, Council Members
KlUClner, Krieg, Nagle, Nicholson, Robbins,
VoetbeJ¡. Nays-None.
Communication of Cily Manager
rcquesdng direcdon regarding recognition
evenl fo< Board and CornmiJsion members,
upon con...s.. it was directed to look 51 a
picnic in tbe put (Eagle Pninl or Marshall)
and ineludc apenses and families and tbal il
be seheduled for a Saturday or Sunday
evening:
RFSOLUTION NO. 1~.93
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the following having complied witb
tbe provisions of law rclsting to tbe sale of
Cigaret1Cs within tbe City of Dubuque,lowa,
be grsnted a pennit to sell Cigarettes and
Cigaret1C Papers within said City.
Airport Inn Ethel K. Scbwsrtz
574 E. 16tb SL
Amnco Foodshop Mulgrew Oil Co.
1450 Loras Blvd.
Angie's Angela Mangeno
1401 Elm SL
Asbury Fastop Mulgrew Oil Co.
3300 Asbury Rd.
Beecher Co. Inc. Beecher Co. Inc.
1691 Asbury Rd.
14010 Oil Co.
9tb & Central Ave.
Big 10 Mart 14010 Oil Co.
2100 J.F.K. Rd.
Big 10 Mart & Car Wash 14010 Oil Co.
1875 J.F.K. Rd.
Buuer's Bar Miebael Sawvcil
1700 Central Ave
Casey's General S- The Monday Co.
4003 Peru Rd.
Casey's General S- Angcllnvestmcnl
2699 Rockdale Rd.
C.K. of Dubuque, Inc.
3187 University Ave.
Vendors Uolimited
1111 Dodge SL
Dodge Honse Motel Dodge Honse Corp.
701 Dodge SL
Dr. B's Bi1IiardslSpooners Robert Duster
2095 Kerper Blvd.
Big 10 Mart
Counlly Kitchen
Days Inn
Dubuque Greyhound Park
AKA Leisure Services 1ne.
1855 Greyhound Park Rd.
Dubuque Inn Best Westcm
Vendors Unlimited 3434 Dodge SL
Eagle Food Center H130
Eagle Food Centers 1nc.
1800 Elm SL
Eagle Food Center H320
Eagle Food Centers Inc.
2050 J.F.K. Rd.
Eagle Food Center /fO18
Eagle Food Centers Inc.
300 Sootb Locnsl SL
Faroily Beverage Center
Dennis & Jean AItbsus
3400 Central Ave.
Faroily Mart Inc. Dennis & Jean AItbsus
3201 Central Ave.
Fisber Bowling Lanes Vendors Uolimited
880 Locusl SL
Grandview Milkhonse Sally Herrig
620 S. Grandview
Happy's PIsco p.m.S.T. Inc.
2323 Rockdale Rd.
Hy-Vee Food StooHy-Vee Food Stores Inc.
3500 Dodge SL
Vendors Unlimited
200 Main SL
K-Mart Corp.
2600 Dodge SL
Curtis Gcrbanl
2186 Central Ave.
MiIacle Car Wash
3199 University
Monte Carlo Restaurant Chung Lirn Gee
378 Main SL
Jerry L James
1899 Rockda1e Rd.
Nelds Bennell
1091 Main SL
Kahn Family EnL
359 W. 9tb SL
Pipe Inn Belly Krcmor
Kennedy Mall
Plsza 20 Amoco Foodshop
Mulgrew Oil Co.
2600 Dodge SL
Riverside Bowl Riverside Bowl Inc.
1860 Hawtborne
Sheeban Amnco David & Joyce Sheehan
205 Locust SL
Sid's.Beverage Store Beverly R. MiI1cr
2727 Dodge SL
Walnut Tap Craig J. Weiner
709 University Ave.
POlled, approved and adopted tbiJ 7tb day
of June, 1993.
James E. Brady
Mayor
Julien Moler Inn
K-Mart
Knicker's
MiIacle Car Wash
Neighbor's Tap
Old Shang
Pasta O'Shea's
Riverside Bowl
Walnut Tap
Attesl:
Mary A. Davis
City CIcrlt
Regular Session, June 7, 1993
188
ColU1ci1 Member Nagle moved adopdon
of tbe Resolution. Seconded by Couocil
Member Nicholson. Csrricd by tbe
following vote: Yeas-May<.- Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voctbcrg. Nays-None.
JlE<¡OLUTJON NO. 1"-93
Wbercas, applicsdons fo< Beer Pcnnits
bave been submitted and filed to tbiJ Council
for approvsl and tbe same have been
examined and approved; and
Wbercas, the premises to be occupied by
sueb appliCIRts were inspected and foond to
comply witb the Ordinances of tbiJ City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That tbe Manager be autborizcd to .....
to be issued tbe following named appliCIRts
a Beer PcrmiL
CLASS "B" BEER PERMIT
Golinvaux IncPizza Hut of Dubuque HI Inc
Sunday Ssles 2075 J.F.K.Rd.
James V & John P
Golinvaux Pizza Hut of Dubuque 112 Inc.
Sunday Ssles 320 E. 2Otb SL
Passed, approved and adopled
this 7tb day of June, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Nagle moved adoption
of tbe Rcso1udon. Seconded by Council
Member Nicholson. Csrried by tbe
following vole: Yens-Mayor Brady,
ColU1ci1 Members Kluesner, Krieg, Nagle,
Nicholson,Robbins, Voctbcrg. Nays-None.
JlE<¡OLUTION NO. 165-93
Wbercas, applications for Liquor Ucenses
have been submitted to this Council for
approvsl and tbe same have been examiued
and approved: and
Wbercas, tbe premises to be occupied by
sueb appliCIRts were inspecled and found to
comply witb the Stale Law and all City
Ordinances relevant tbercto and they have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the Manager be autborizcd to cause
to be issued tbe following named appliCIRts
a Liquor Ucensc.
CLASS "C" (COMMERCIAL) BEER
AND LiQUOR LiCENSE
Honse of Cbinn Co. Honse of Cbina
Sunday Sales 801 Town Clock Plaza
SPECIAL CLASS "C" (BW)
LiQUOR LiCENSE
Charles Weaver Paps Sarducci's
Sunday Ssles 1895 J.F.K. Rood
Passed, approved and adopted tbiJ 7tb day
of JlU1e, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
ColU1cil Member Nagle moved adoption
of tbe Rcsoludon. Seconded by Council
Member Nicholson. Csrricd by tbe
following vole: Yeas-Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voctbcrg. Nays--None.
Communication of City Manager
submitting documents providing for tbe
bidding process fo< the construction of tbe
Crescent Ridge and Starlight Drive 1993 PC
Paving Projcc~ presenled and read. Council
Member Krieg moved that the
commlU1ication be received and filed.
Seconded by ColU1ci1 Member Nicholson.
Csrried by tbe following vote: Yens-Mayor
Brady, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voctbcq .
Nays-None.
JlE<¡OLUTION NO. 166-93
PRELIMINARY APPROVAL OF
PLANS AND SPECIF1CATIONS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE,IOWA:
That the proposed plans, specificadons,
form of contract and estimated cost for tbe
Crescent Ridge & Starlight Drive
Rcconstrucdon Projec~ in the estimated
amoont of $1,790,478.47, are hereby
approved and ordered filed in tbe office of
tbe City Clerk for pablic inspecdon.
Passed, adopted and approved tbiJ 7tb day
of June, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
ColU1ci1 Member Krieg moved adoption
of tbe Resoludon. Seconded by Council
Member Nicholson. Csrricd by tbe
following vole: Yens-Msyor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson,Robbins, Voctbcrg. Nays-None.
~-~"~~~_.- ~~~ L~______L --,~--
Regular Session, June 7, 1993
Thor the City Council deems II advisable
and necessary fo< tbe public welfare to make
the herein mentioned improvements, and
unles. property owners at the dme of tbe
fina1 considcradon of tbiJ proposed
resclution bave on file witb tbe City Clm
objecdons to tbe resolution of necessity, they
shall be deemed to have waived all
objections pertaining to tbe regularity of tbe
pmcccding and tbe legality of using tbe
specia1 assellmenl procedure.
Said improvements shall be conslIUCtcd
and done in accordance witb tbe plans and
specificatiòns wbich bave been approved by
the City Council and now on file witb tbe
City Clerk. That Ibe cool and expense of
maidng sueb il1¥Ovement will'be ....ssed
pattiaI1y or totally against pivatc1y owned
property lying witb tbe asse..mcnl limits,
and In an amounl not to exceed tbat
provided by law, and in proportion to Ihe
spcclal benefits conferred.
The pardon of tbe coal wbich shall be
borne by tbe City will be paid from tbe
S1rcCt Construcdon Fund, tbe Road Use Tax
Fund, and tbe Loca1 Opdon Sales Tax FlU1d,
and special asse..ment bonds may be issned
in anticipation of deferred payments of
assessments when a contracl bas been
performed and accepted, and tbe proceeds
tbcrcof used to pay tbe contractor.
The above resoludon was introduced,
approved and oo1crcd placed on file witb tbe
City Clerk thi. 7tb day of June, 1993.
Approved and placed on file for final
acdon.
Jamos E. Brady
Mayor
189
II&'iOLVTION No. 1'7-93
F1X1NG DATE OF IIEA1UNG ON
PLANS AND SPECIF1CATtONS
Wbcrcas, the City Council of the City of
Dubuque, Iowa bas given its pre1iminsry
approval on Ibe proposed plans,
specificadons, and f<rm of con_I and
placed same on file in !be office of Ibe City
Clm fo< public Inspccdon of the Cresccnl
Ridge oft Starlighl Drive Rcconstrucdon
ProjecL
NOW THEREFORE, BE IT RESOL YED
BY THE CITY COUNCIL OF THE CnY
OF DUBUQUE. IOWA:
Thor on tbe 6tb day of July, 1993, a
public hearing will be held at 7:30 p.m. in
the Public Ubrary Auditorium at wbieb time
interested penons may sppear and be heard
for 0< against Ibe proposed plans and
specificadons, f<rm of contract and cost of
ssid improvcmcn~ and the City CI...k be and
Is bcrcby direcled to ca... a nod.. of time
and place of such hcsring to be publisbcd in
a newspaper having general ciICuladon in tbe
City of Dubuque, Iowa, wbich notice shall
be not less !ban foor days nor more !ban
twenty days prior to tbe day fixed for its
considcradon. At tbe bearing, any In_sled
penon may sppear and file objecdons to tbe
proposed plans, specificadons, contrac~ or
estimated cool of the improvemenL
POlled, adopted and approved this 7tb day
of June, 1993.
Jamos E. Brady
Mayor
Attesl:
Mary A. Davis
City Clerk
Council Member Krieg moved adoption
of tbe Resoludon. Seconded by Council
Member Nicholson. Csrried by tbe
following vote: Y--Msyo< Brady,
Council Memhcrs Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voctbcrg. Nays-None.
RFSOLUTION NO. 168-93
RFSOLUT10N OF NECFSSI1Y
Wbcrcas, proposed plans bave been duly
prepared and approved by tbe City Council
of the City of Dubuque and arc now on file
in the office of City Clelk showing among
otb... tbings the plans, specifications, form of
contract, estimated cool and prcliminsry pial
and scbcdule showing tbe amount proposed
to be assessed against csch lot and Ihe
valuation of csch 101 as filed by the City
Council, for tbe Crescenl Ridge oft Starlight
Drive Reconstruction ProjccL
NOW THEREFORE, BE IT RESOL YED
BY THE CITY COUNCIL OF THE CnY
OF DUBUQUE, IOWA:
Attest:
Mary A. Davis
City Cierk
ColU1ci1 Member Krieg moved adopdon
of tbe Resoludon. Seconded by Council
Member Nicholson. Csrried by tbe
following vote: Y--Mayor Brady,
ColU1ci1 Memhcrs Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voctberg. Nays-None.
RFSOLUTION NO. 169-93
FIXING DATE OF HEARING ON
PLANS AND SPECIF1CATIONS
Wbcrcas, tbe City Council of tbe City of
Dubuque, Iowa has given its preliminary
approvai on Ihe proposed plans,
specifications, and f<rm of con_I and
placed same on file in tbe office of tbe City
Clerk for public Inspection of tbe Crescent
Ridge oft Statlighl Drive Reconstruction
ProjecL
NOW THEREFORE, BE IT RESOL YED
BY THE CITY COUNCIL OF THE CnY
OF DUBUQUE, IOWA:
Regular Session, June 7, 1993
190
That on the 6tbday of July, 1993, a
public hearing will be held at 7:30 p.m. in
tbe Poblic Ubnry Auditorium at wbieb time
in_sted penons may appear and be heard
for 0< against tbe proposed plans and
specificadons, form of con_I and cost of
said improvemen~ and the City Clm be and
is bcrcby direcled II> canso a nndce of dme
and place of such hcsring to be publisbcd in
a newspaper having general ciICuladon in tbe
City of Dubuque, Iowa, wbich notice shall
be nol Ie.. !ban four days nor m<rc !ban
twenty day. prior to the day fixed for its
considcradon. AI the hearing, any in_led
penon may appear and file objections to tbe
proposed plans, specificsdons, conlrac~ 0<
estimated cost of the improvcmcnL
POlled, adopted and approved this 7tb day
of June, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
ColU1ci1 Member Krieg moved adoption
of tbe Resolution. Seconded by Council
Member Nicholson. Csrried by tbe
following vote: Y--Mayo< Brady,
ColU1ci1 Memhcrs Kluesner, Krieg, Nagle,
Nicholson,Robbins, Voctbcrg. Nays-None.
RFSOLUTION NO. 178-93
II&'iOLUTION APPROVING
PRELIMINARY SCHEDULE OF
ASSESSMENTS
NOW THEREFORE, BE IT RESOL YED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the attacbcd sheets, I to 4 inclusive,
arc hereby determined to be the schedule of
proposed ""ssments for tbe Crescent Ridge
oft Starlighl Drive Reconstruction Project and
tbe vsluadons set out herein arc hereby
approved.
POlled, approved and adopted this 7tb day
of June, 1993.
James E. Brady
Mayor
Attesl:
Mary A. Davis
City Clerk
Council Member Krieg moved adopdon
of tbe Reso1udon. Seconded by Council
Member Nicholson. Csrried by Ihe
following vote: Y--Mayor Brady,
Council Memhcrs Kluesner, Krieg, Nagle,
Nicholson,Robbins, Voctbcrg. Nays-None.
Communicadon of City' Manager
submitting documents providing for Ihe
bidding proccBS fo< tbe construcdon of tbe
1993 Asphsll Paving Project, presented and
read. Council Member Krieg moved tbal tbe
cornmunicsdon be received and filed.
Seconded by Council Member Nagle.
Csrried by tbe following vote: Yeas-Mayor
Brady, Council Members KI.....r, Krieg,
Nagle, Nicholson, Robbins, Voctbcq .
Nays-None.
II&'iOLVTION NO. 171-93
PRELIMINARY APPROVAL OF
PLANS AND SPECIF1CATIONS
NOW THEREFORE, BE IT RESOL YED
BY THE CnY COUNCIL OF THE CnY
OF DUBUQUE. IOWA:
Thor the proposed plans, specificadons,
form of conlracl and esdmascd cost fo< tbe
1993 Asphalt Paving Projcc~ in the
estimated amount 01'$656,292.06, arc hereby
approved and ordered filed in tbe office of
tbe City Clm for pablic inspection.
Passed, adopted and sppreved this 7tb day
of June, 1993.
Jamos E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
ColU1ci1 Member Krieg moved sdopdon
of tbe Resolution. Seconded by Council
Member Nagle. Csrried by the following
vote: Y --Mayor Brady, Council Members
Kluesn..., Krieg, Nagle, Nicholson, Robbins,
Voctberg. Nays-None.
RFSOLUTION NO. 172-93
FIXING DATE OF HEARING ON
PLANS AND SPECIF1CATJONS
Wbercas, tbe City Cooncil of tbe City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans,
specifications, and f<rm of conlract and
placed same on file in tbe office of tbe City
Clerk for public inspecdon of tbe 1993
Aspha11 Paving ProjecL
NOW THEREFORE, BE IT RESOL YED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That on tbe 6tb day of July, 1993, a
public hcsring will be bold at 7:30 p.m. in
tbe Public Ubrary Auditorium at wbieb time
in_sled penons may sppear and be heard
for 0< against tbe proposcd plans and
spcclficadons, form of conlract and cost of
said improvemen~ and the City Clerk be and
is bereby directed to cause a nodce of time
and pIsco of such hcsring to be publisbcd in
a newspaper baving general ciICuladon in tbe
City of Dubuque, Iowa, wbich nodce shall
be nol Ie.. !ban four days nor more !ban
twenty days prior to the day fixed for its
considcradon. At the hcsring, any interested
person may appear and file objections to tbe
191
Regular Session, June 7,1993
Regular Session, June 7, 1993
192
proposed plans, spccificadona, contrac~ 0<
estimated COIl of the i"¥""emenL
Puscd, adopted and approved this 71b day
of JIU1c, 1993.
James E. Brady
Mayo<
Attcsl:
Mary A. Davis
CityClcrlt
Council Member Krieg moved adoption
of tbe Rcsoludon. Seconded by Council
Member Nagle. Csrried by the following
vote: Y--Mayor Brady, Cooncil Members
Kluesner, Krieg, Nagle, Niebolson, Robbins,
Voctbcq . Nayo-None.
RFSOLUTION NO. 173.93
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That tbe 1993 Asphalt Paving Project is
hereby ordered to be adverdsed foc bids for
construcdon.
BE IT FURTHER RESOLVED, tbat tbe
amoonl of the security to accompany each
bid shnl1 be in an amcunl wbich shnl1
conform to the provisions of tbe notice to
bidders hereby approved as a pari of tbe
pI... and specifications heretofore adopted.
That tbe City Clerk is hereby directed to
advcrdse for bids for tbe construcdon of tbe
improvements herein provided. to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa,
wbich nooce shall nol be less tban four days
nor more Iban twenty dsys )rior to tbe
receipt of said bids al 2:00 p.m. on tbe 23m
dsy of June, 1993. Bids shnl1 be opened and
read by tbe City Clerk at said dme and will
be submitted to tbe Council for final action
a17:30 p.m. on tbe 6tb dsy of July, 1993.
Puscd, sdopted and spproved this 7tb dsy
of June, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Krieg moved adopdon
of tbe Rcsclution. Seconded by Council
Member Nagle. Csrried by the following
vote: Yeas-Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voctbcq . Nays-None.
Communicadon of CilY Manager
reqncsting to conduct a public hearing on
Lcasc/Mooring Rights Agreemenl witb
Dubuque County Historical Society,
presented and read. Cooncil Member
Voelbcq moved tbal the communication be
received and filed. Seconded by Couocil
Member Nagle. Csrried by the following
vote: Y--Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nichol...., Robbins,
VoetbeJ¡. Nays-None.
RFSOLUTlON NO. 174-93
RESOLUTION SETTING A
PUBLIC HEARING ON A
PROPOSED LEASEIMOORING
RIGIITS AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA
AND THE DUBUQUE COUNTY
HISTORICAL SOCIETY
Wbcrcas, tbe Dubuque County Historical
Society requested tbat tbe City of Dubuque,
Iowa Jcasc to il 300 feel of water frontage
fo< mooring of a vessel named The Wiltiarn
M' Black and two related vessels, Ibe Tavem
and Pipeline Barge: and
Wbcrcas, Chapler 364.2 of tbe Code of
Iowa requires tbat before il may dispose of
an interest in real -rty. a city must set
fortb its proposai and conduct a public
hearing on ssid proposal pursuant to
published notice tbcreof; and
Wbercas, a _cd Lcasc/Mooring
Ri8hts Agreement bas been prepared and is
attached hereto and made a pari hereof;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Secdon 1. Tbat tbe attacbed
Lcase/Mooring Rights Agreement is hereby
adopted for purposes of a public hearing on
tbe disposidon of and intcrcsl in real
-rty by I.... for a term of morc !ban
tbrcc ycsrs.
Secdon 2. That tbe City Council of tbe
City of Dubuqnc, Iowa, shall conduct a
public hearing at tbe Carnegie Stool Poblic
Library Anditorium, IItb and Bluff SlrcCts,
Dubuque, Iowa, at 7:30 p.m. on the twenty-
first dsy of June, 1993 for tbe purpose of
receiving pablic comment on tbe proposed
Lcase/Mooring Rights AgrccmenL
Section 3. That the City Clerk be and she
is hereby authorized and directed to cause a
nodce of ssid public hearing to be publisbed
as prescribed by the Cnde of Iowa.
POlled, approved and adopted tbiJ 7tb day
of Júne, 1993.
James E. Brady
Mayor
Seconded by Council Member Nagle.
Csrried by the following vote: YCIS--o-Mayor
Brady, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voctbcq .
Nay.--None.
MINUTES SUBMITTED -- Five Flags
Commission of 5-17; Handicsppcd Parking
Review Committee of 5-81; Historic
Prcscrvadon Commission of 4-14,4-28 & 5-
12; Honsing Code Appeals Board of 5-1g;
Housing Commisslon Trnsl Fund Committee
of 5-13; Housing Services Division of 5-11;
Human Rights Commission of 4-12;
Investmenl Ovcrsighl Commission of 4-29;
PaD: & Recrcadon Commission of 5-11;
Trsnsil Trustee Board of 5-13; Zoning Board
of Adjustmenl of 4-29; Zoning Commisslon
of 5-12; Zoning Commission and City
Council of 5-18, presented and read.
ColU1ci1 Memher Nagle moved tbal tbe
minutes be received and filed. Scccnded by
ColU1ci1 Member Nicholson. Csrried by tbe
following vote: Ycss-Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetbcrg. Nays-None.
1nvestmenl Oversight Commission
submitting tbcir second quarterly repM,
presented and read. Council Member Nagle
moved tbal tbe report be received and filed.
Scccnded by Council Member Niebolson.
Csrried by tbe following vole: Y--Mayor
Brady, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voctbcq .
Nays-None.
Printed City Cooncil proœcdings for tbe
month of June, 1992, presented and æad.
ColU1ci1 Member Nagle moved tbal tbe
proceedings be approved as )rinted.
Seconded by Council Member Nicholson.
Csrried by tbe following vole: Y --Mayor
Brady, Cooncil Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voctbcrg.
Nays--None.
NOTICES OF CLAJMS¡SUITS -- Central
Stales, Sootbcsst and Soutbwest Areas
Hca1tb and Welfare Fund, on behalf of
Daniel J. Burds, for bodily injury and
disability; Pamela Gagne in amount of
$297.00 fo< personal injuries: Beverly Ann
and Leonard Gregory in unknown amclU1t
for penonal injuries; Irving C. Hubbanl in
unknown amounl for vebic1e damages;
Patricia A. Huekels in unknown amoont for
penona! injuries; Intemadonal Union of
Opersting Engineers, Loca1 No. 758
submitting Probibited Pracdce Complnin~
Iowa Oil Company in amoont of $68.90 for
wrecker services; Mindi McDermott in
amount of $82.63 for vebic1e dsmages;
Mercy Hca1tb Center, IU1dcr subrogadon for
Attest:
Mary A. Davis
City Clerk
ColU1ci1 Member Voctberg moved
adoption of Ibe Resolution and furtbcr sel il
for Poblic Hearing on Monday, June 21,
1993 01 7:30 p.m. in tbe Public Ublary
Auditorium and tbal tbe City Clerk publish
notice in the manner prescribed by law.
Janet LoBianco in amclU1t of $254.23 for
pcrsonaIlnjuries; Dean Mi1Iius in estimated
amounl of $224.71 for vebicle damages;
Randy Pool in unknown 1oIa\ amount for
vehielc damages; Florence Rinikcr in
unknown amounlfo<pcrsonaI injuric.s; Diane
TeKlppc in amounl of $35.00 for penonal
injuries; Dale W, Vcsch in amounl of
$485.00 for backed up sewer dsmages;
Riebard Vast in amounl of $291.50 for
property damages, presented and read.
CoW1cil Member Nagle moved tbat tbe
claims be referred to the Corporadon
Counsel for invesdgation and repM,
Seconded by Council Member Niebolson.
Csrried by tbe following vote: Y --Mayor
Brady, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voelbcq .
Nays--None.
Communicarions of Corporation Counsel
advising following claims have been referred
to Crawfonl & Company, tbe agent for tbe
Iowa Communities Assurance Pool: Truck
dsmage of Jeffery A. Harry; Car/dre damage
of Amy 14...; Se- backup of Richard A.
Meyer, Tire dsmage of Karen A. Reuler,
Property dsmage of Bsird & Kim Sessions,
presented and read Council Member Nagle
moved tbat tbe communicadon be received
and filed. Scccnded by Council Member
Nicholson. Csrricd by tbe following vote:
Y--Mayor Brady, Cooncil Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nayo-None.
Communicarion of Corporation Counsel
advising of decision rcacbed regarding
McFadden el al VI. City of Dubuque,
presented and read Council Member Nagle
moved tbat tbe communication be received
and filed. Scccnded by Council Member
Nicholson. Csrried by tbe following vote:
Y--Mayor Brady, Cooncil Members
Kluesner, Krieg, Nagle, Niebolson, Robbins,
Voelbcq . Nayo-None.
REFUNDS REQUESTED -- James W.
Keegan $633.75 on unexpired Uquor
License; Pat Kelly $75.00 on unexpired
Class "B" Beer Pcrmi~ Agnes Po..1cri
$150.00 on uncxpiredO... "B" BccrPcrmi~
presented and read Council Member Nagle
moved tbat tbe refunds be approved and
Finance Director to illue proper checks.
Seconded by ColU1ci1 Member Nicholson.
Csrried by tbe following vote: Y--Mayor
Brady, Coonci1 Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voctbcq .
Nays-None.
Proofs of Publicadon ccrdfied to by tbe
Publisher on Nooce of Finding of No
SignificsnlEffecton tbe Environmcnt forW.
193
Regular Session, June 7,1993
C. Brown Communications, Inc., Anasazi
Exclusive Salon Producl8, Inc., Poblic
Facililies (Neighborhood Relaled
1mpovcmcnll projects; Advising of Request
for Rei.... f<r abuve projects, presented and
read. Council Member Nagle moved that !be
proofs be rccdved and med. Seconded by
COWIciI Member Nicholson. Csrried by tbe
following vole: Veas-Mayor Brady,
Council Memhcrs Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voctbcrg. Nays-Nonc.
Cornmunicsdon of Zoning Commission
advising of their approval of final plat of
Loll 1-6 ineluslve of Quality PIsco 1ocatcd
N<rtb of 2670 Sbiras Avenue, presented and
read. Council Member Nagle moved that !be
communicsdon be received and fitcd.
Seconded by ColU1ci1 Member Nicholson.
Csrried by tbe following vote: V--Mayor
Brady, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voctberg.
Nays-None.
RFSOLUTION NO. 175-93
A RESOLUTION APPROVING
THE FINAL PLAT OF LOTS 1-6
INCLUSIVE OF QUALITY PLACE
IN THE CITY OF DUBUQUE,
IOWA.
Wbercas, tbcrc has been mod witb the
City Clerk a final plat Loll 1 - 6 Inclusive of
Quality PIsco in tbe City of Dubuque, Iowa;
and
Whereas, said final plat has been
examined by the Zoning Commission and
placed the conditions tbat sanitary sewer and
water be provided to csch 101 and a 20 foci
building selback line be placed on tbe pIaL
Whereas, said final plat has been
examined by the City Council and tbey find
tbat it conf<rms to tbe stalules and
ordinances reladng to i~ and
Wbercas, tbe City Cooncil concurs in tbe
condidons of approval established by tbe
Zoning Cornrnission.
NOW, THEREFORE,BE IT RESOLVED
BY THE CITY COUNCn.. OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That tbe final plat of loIS 1 -
6 Inclusive of Quality PIsco U bereby
approved and the Mayor and City Clerk arc
heœby autborizcd and directed to endo<sc
tbe approval of tbe City of Dubuque, Iowa,
upon said final pl~ provided Ibe owners of
ssid property bercin named, execute their
written scccptancc bereto attsched agreeing:
a. To provide sanitary sewer and water
to each 10L
b. To place a 2D-foot building setback
line on tbe pIaL
Section 2 That in tbe event Lorino V.
Strumbcq er shall fnil to execole tbe
scccptance and furnish tbe secority provided
in Section 1 hereof within forty-five (45)
days after !be date of tbe Resolution, tbe
provisions hereof shall be null and void and
the scccptance of the dcdicsdon and
approval of tbe plat shall not be effective.
P888cd, approved and adopted this 7tb day
of June, 1993.
James E. Brady
Mayor
Attesl:
Mary A. Davis
City Clerk
ACCEPTANCE OF RESOLUTION NO.
175-93
1, the undersigned, Lorine V. SlrUmbcrger,
baving read tbe terms and conditions of the
Resolution No. 175-93 and being familiar
witb the couditions thereof, hereby scccpl
this same and agree 10 tbe conditions
required tberein.
Dated in Dubuque, Iowa Ibis day of - - -
- -,1993.
By (NOT SIGNED)
Lorine V. SlrUmberger
ColU1cil Member Nagle moved adopdon
of tbe Resoludon. Seconded by Council
Member Nicholson. Csrried by tbe
following vote: Voss-Mayor Brady,
ColU1ci1 Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetbcrg. Nays-None.
Communicsdon of Corporation Counsel
recommending any proposed setdement witb
Steen Ronlov is premature, presented and
read. Council Member Nagle moved tbat the
communication be received and mod and
approved rccommendadon. Seconded by
ColU1cil Member Nicholson. Csrried by tbe
following vole: Veas-Mayor Brady,
ColU1ci1 Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetbcrg. Nays-None.
Petition of Delos D<rwci1er requesting
assutancc and relief regarding a severe
drainage problem in the 2105 JFK Rood
area, presented and read. Cooncil Member
Nieboloon moved tbat the petition be
received and filed and referred to Staff and
expecl Staff 10 report to tbe Council within
six weeks. Scccnded by Council Member
Voctberg. Csrried by tbe following vote:
Y--Mayor Brady, Cooncil Members
Klnosner, Krieg, Nagle, Niebolson, Robbins,
Voctberg. Nays-None.
Communicsdon of Steven Neyens on
behalf of Dubuque Audubon Society
requesting permission to erect a small
s_ture on City property located al tbe
Soutb end of, and on HIlt side of Marsh
S1rcC~ presented and read. Cooncil Member
Nagle moved tbat tbe cornmunicadon be
Regular Seaalon, June 7, 1993
194
rccc!ved and filed and reqllCll approved.
Seconded by COWIciI Member Niebolson.
Csrried by the following vote: Ycu-Mayor
Brady, Council Members KlllClner, Krieg,
Nagle, Nicholson, Rabbi".. Voctbcrg.
Nay.--None.
Communicadon of Cily Manaser
requesting Mayor be autbcsizcd to execute
an addendum to U.S. Relocsdon projec~
presented and read. Council Member Nagle
moved tbat tbe communication be received
and filed. Seconded by Council Member
NiebollOll. Csrried by tbe following vote:
Y--Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voctbcq . Nayo-Nonc.
RESOLUTION NO. 17'-93
RESOLUTION APPROVING
ADDENDUM TO
PRECONSTRUCTION
AGREEMENT WITH THE IOWA
DEPARTMENT OF
TRANSPORTATION RELATED
TOU.S.WGHWAY'1 PROJECT
Wbercas, tbe Iowa Dcpsrtmcnt of
Trsnsportation is CUIrcßtly constrocting
relocated U.S. 61 within tbe City of
Dubuque from Grsndview Avenue n<rtbcrly
and easlerly to tbe U.S. 61 Mississippi River
Bridge; and
Whereas, J.D.O.T. Agreemenl *87-4-210
was previoosly executed for tbe above
projecl by both tbe City and tbe Iowa
Department of Trsnsportadon in 1989; and
Wbcrcas, Addendum 1193-A-138 provides
for tbe eliminadon of City pardcipadon in
tbe re1ocadon of two storm sewer Ii..s and
tbrcc storm lOwer intakes; provides for
J.D.O.T. funding of tbe rcconslrucdon and
widening of tbe MUlphy Park enlrancc road
from Grsndview Avenue; and provides that
I.D.O.T. will accept jurisdiction and
mainlenan.. responsibility fo< the 911 HIli
Connector 01 no cost or obligadon to tbe
City.
NOW, THEREFORE, BE IT RESOL YED
BY THE CITY COUNCn.. OF THE CITY
OFDUBUQUE,10WA:
Secdon 1. Tbal Addendurn 1193-A-138 to
Prcconstrocdon Agreemenl *87-4-210 witb
tbe Iowa Dcpsrtmcnt of Tran8porladon be I
approved.
Section 2. Tbat the Mayor be autborizcd
and directed to execute two copies of this
addendum and forward tbe executed copies
to the Iowa Departmenl of Transportadon for
tbcir approval.
P888cd, approved and adopted this 7tb day of
JIU1C, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City CIcrlt
Council Member Nsale moved adopdon
of the Resoludon. Seconded by Council
Member Nicholson. Csrried by tbe
following vote: Y--Mayor Brady,
Council Memhcrs Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voctbcrg. Nays-None.
Communicadon of Cily Manager
requesting autborization to publish Nod.. of
Environmental Finding for projecll,
presented and road. Council Member Nagle
moved tbal tbe communicadon be received
and med. Scccnded by Council Member
Niebolson. Csrried by tbe following vote:
Veas-Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Niebo1oon, Robbins,
Voetbcrg. Nays-None.
RFSOLUTION NO. 177-93
RFSOLUTION AUTHORIZING
PUBLICATION OF NOTICE OF
ENVJRONMENTAL REVIEW
FINDING FOR CERTAJN
COMMUNITY DEVELOPMENT
BLOCK GRANT PROJECTS
Wbercas, tbe City of Dubuque has entered
into a Grsnt Agreement fo< tbe fiseal year
commencing July 1, 1993 witb the U.S.
Departmenl of Housing and Urban
Developmcn~ providing for financial
assutancc 10 tbe Cily under Title 1 of Ihe
Housing and Community Development Act
of 1974, as amended; and
Wbercas, pursuant to tbe rules and
regulations as promulgated by Ihe U.S.
Dcponmcnl of Housing and Urban
Developmcn~ an cnvironmenW review has
been processed for tbe heœinaftcr dcscrihed
projecll proposed to be financed witb
Community Development Block Grsnt flU1ds;
and
Wbercas, on May 18, 1993, after due
considcrstion, a detcrminadon was made tbst
tbe projecll arc nol major federal acdons
significsntly affecting tbe quality of tbe
human environmenL
NOW THEREFORE, BE IT RESOL YED
BY THE CITY COUNCn.. OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Tbat tbe City Clerk be and she
is bereby autborizcd and directed to pablish
a Notice of Finding of No si8IÛficsnt Effect
on the Environment for tbe following
projects, and to make tbe Environmental
Review Rcca-d for said projects avuilab1e for
public inspectinn. Such nodoe shsll be in
195
Regular Session, June 7,1993
the f<rm of Exhi¡'¡1 "A" attached hereto and
made a part hereof.
Four Mounds Foundation Road
Impovcmcnta
HiIkrcsI Family Scrvioc CIasaroom
Construcdon
_on 2. Tbal the City of Dubuque
hereby dceIarcs ita intent to adopt a
reød.udon at its meeting of June 21, 1993,
authorlling the submission of a requesl to
tbe U.S. Departmenl of Hoosing and
Community Dcvelopmen~ to< rei.... of
flUIds to undertake the above mentioned
projects.
POlled, approved and adopted this 7tb day
ofJune, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Nagle moved adopdon
of tbe Resolution. Seconded by Council
Member Nicholson. Csrried by tbe
following vote: y.........Mayor Brady,
Council Memhcrs Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voctbcrg. Nays-None.
Communication of Cily Manager
requesting to execute a conttacl for funding
Loca1 AIDS Coalition Program, presented
and read. Cooncil Member Nagle moved
tbal tbe communicadon be received SlId
filed. Scccnded by Cooncil Member
Niebolson. Csrried by the following vote:
Ycas-Mayor Brady, COIU1ci1 Members
Kluesner, Krieg, Nagle, Niebolson, Robbins,
Voctbcq . Nays-None.
RFSOLUTION NO. 178-93
A RESOLUTION AUTHORIZING
THE CI1Y MANAGER OR IDS
DESIGNEE TO SIGN A
CONTRACT WITH THE IOWA
DEPARTMENT OF PUBLIC
HEALTH FOR FUNDING A
LOCAL AIDS COALITION
PROGRAM.
Wbcrcas, tbe Iowa Dcpsrtmcnt of Public
Hca1tb bas offered to provide financial
support for local AIDS Programs in tbe City
of Dubuque; and
Wbcrcas, tbe City of Dubuque desires to
establish and maintain such local AIDS
Programs; and
Wbcrcas, tbe Iowa Department of Poblic
Hca1tb has presented tbe City Hca1tb
Services Division a proposed conlIaCt for
funding, a copy of wbich is attached hereto.
NOW, THEREFORE, BB IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
_on 1. Thai the City of Dubuque,
Iowa, bcrcby approves the attached AIDS
coaddon conttact between the Iowa
Department of Public Hcaltb and the City of
Dubuque, Iowa.
_on 2. That tbe City Manager or bis
designee Is bcrcby autborized and directed to
execute ssid conlIaCts on behalf of the City
of Dubuque, Iowa.
Passed, approved and adopted tbiJ 7tb day
of June, 1993.
Mary A. Davis
City Clerk
Attest:
Mary A. Davis
City Clerk
Council Member Nagle moved adoption
of tbe Resolution. Seconded by Council
Member Nicholson. Csrried by tbe
following vote: y.........Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voctbcrg. Nays-None.
Communication of City Manager
requesting to execute a CLG wilb State
Historical Society of Iowa, presented and
read. Council Member Nagle moved tbat tbe
communication be received and filed.
Scccnded by Cooncil Member Nicholson.
Carried by tbe following vote: Y --Mayor
Brady, Cooncil Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voelberg.
Nays-None.
RESOLUTION NO. 179-93
A RFSOLUT10N AUTHORIZING
THE EXECUTION OF A
CERTIFIED LOCAL
GOVERNMENT (CLG)
CONTRACT WITH THE STATE
HISTORICAL SOCIE1Y OF IOWA
Wbercas, tbe U.S. Dcpamnenl of tbe
Interior, in cooperation witb the National
Park Service, has made grsnl funds availnble
to Certified Loca1 Govemments to assiSI in
tbe development and implementadon of a
vsriety of bistoric preservation activities; SlId
Wbercas, the City of Dubuque, Iowa, a
Certified Loca1 Govemmen~ was awarded
said flU1ds on March 19,1993 to assist in tbe
development of public educadon program;
and . .
Wbcrcas, tbe City Cooncil of Dubuque,
Iowa considered said project on December 7,
1992 and determined tbat il wi11enhance tbe
community's awareness of the economic,
social and cu)tora! benefits of bistoric
preservation SlId heighten its apprcciadon of
its arcbitcctora! and cu)tora! heritage.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
R~ular Session, June 7, 1993
196
_on 1. Tbat tbc Mayor is hereby
authorized to execute tbe attached Ccrdfied
Loca1 Government GranI-1n-Aid Agreemenl
and forward said documenl to the State
Historical Society of Iowa, togctbcr witb
sueb documcnta as may be required.
POlled, spprovcd, and adopted this 7tb
day of June, 1993.
Attesl:
Mary A. Davis
City Clerk
James E. Brady
Mayor
ColU1ci1 Member Nagle moved adopdon
of tbe Resolution. Scccnded by Council
Member Nicholson. Csrricd by tbe
following vote: Y--Mayor Brady,
ColU1ci1 Memhcrs Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voctbcrg. Nays-None.
Communicadon of City Manager
requesting antborization to execute Purch...
of Services Agrecmcnl witb Substance
Ab... Scrvioe Center for year beginning 7-
1-93, presented and read. ColU1ci1 Member
Nagle moved tbst tbe communicadon be
received and filed and autborizadon
approved. Seconded by Cooncil Member
Nicholson. Csrried by tbe following vote:
Yeas-Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays-None.
Communicadon of City Manager
requesting autborizadon to execute Purch...
of Services Agreement witb RSVP fo< Fiscal
Ycsr 1994 in tbe amoonl of $6,750.00,
presented and read. Council Member Nagle
moved tbal tbe communication be received
and filed SlId autborization approved.
Scccnded by ColU1cil Member Niebolson.
Csrried by tbe following vote: Y --Mayor
Brady, Cooncil Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetbcrg.
Nays-None.
Communication of City Manager
recommending to scccpt property located at
745 Davis SL, presented and read. Council
Member Nagle moved Ihat the
communication be received and filed.
Seconded by Council Member Niebolson.
Csrried by tbe following vote: Y --Mayor
Brady, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetbcrg.
Nayo-Nonc.
RESOLUTION NO. 180-93
RFSOLUTION ACCEPTING A
CONVEYANCE OF PROPER1Y
LOCATED AT 745 DAVIS
STREET, DUBUQUE, IOWA, TO
THE CITY OF DUBUQUE, IOWA.
Wbcrcas, tbe City ofDubuque has agreed
to purcbasc tbe following legally described
real property:
Lots Ninety-Five (95) and Ninety-Six
(96), O'Neill's River View in the City of
Dubuquc, Iowa, Dubuque COWIty, Iowa,
OCCOJding 10 the recorded plat tbcrcof
from Uoyd and LoIs Gudcnkauf; and
Wbcrcas, the owners bave prepared a
Wsmonty Deed naming tbe City of Dubuque,
Iowa, as holder of all righta, dtlc and
interests in said property.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
-on 1. The City Council of tbe City
of Dubuque, Iowa, hereby approves of,
accepts and consents to the Warrsnty Deed
from Uoyd and LoIs Gudenkauf as required
by Iowa Cude Section 569.7.
Secdon 2. The City Clerk be and she is
hereby autborizcd and directed to cause said
Warrsnty Deed to be recorded in the office
of tbe Dubuque County Recorder, togetber
witb a cemfied copy of tbiJ Resoludon.
Secdon 3. The City Clerk be and she is
hereby directed to forward a copy of this
Resolution to tbe Dubuque County Assellor
and tbe Dubuque County Auditor.
POlled, approved and adopted this 7th day
of June, 1993.
James E. Brady
Mayor
Attesl:
Mary A. Davis
City Clerk
ColU1ci1 Member Nagle moved adoption
of tbe Resolution. Seconded by Council
Member Nicholson. Csrried by tbe
following vote: Yeas-Mayo< Brady,
ColU1ci1 Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voctbcrg. Nays-None.
Communication of City Manager
submilting copy of report from HUD
summarizing tbeir April monitoring visit to
tbe City, presented and read. Council
Member Nagle moved that the
communicadon be received and filed.
Scccnded by ColU1ci1 Member Nicholson.
Csrried by tbe following vote: Yeas-Msyor
Brady, Cooncil Members Kluèsner, Krieg,
Nagle, Nicholson, Robbins, Voctberg.
Nayo-None.
There being no further business, Couocil
Member Nagle moved to adjourn. Seconded
by Cooncil Member Kluesner. Csrried by
the following vote: Yeas-Mayor Brady,
ColU1ci1 Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voctbcrg. Nays-None.
Meedng adjourned at 10:46 p.m.
197
Regular Sel8lon, June 7,1993
Council Members
-~ ¿J~~
City Clerk
!leøular Sel8lon, June 21,1993
(OFFICIAL PUBLICATION)
ORDINANCE NO. 3O-U
AN ORDJNANCE OF THE CITY
OF DUBUQUE, IOWA
PROVIDING THAT THE CODE
OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BE AMENDED
BY REVJSING APPENDIX A
THEREOF. ALSO KNOWN AS
THE ZONING ORDINANCE OF
THE CITY OF DUBUQUE, IOWA,
BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTY LOCATED NORTH
OF 3735 PERU ROAD FROM C-3
GENERAL COMMERCIAL
DISTRICT TO R-I SINGLE-
FAMILY RESIDENTIAL
DISTRICT.
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, JlU1e 21, 1993
Council Mel at 7:30 p.m., Poblic Ublary
Auditorium
Pioscnt Council Members Kluesner,
Krieg, Nagle, Nicholson, Robbins, Voetbcq ,
City Manager Michael C. Van Milligen,
Corporation Coonsel Barry A. Undah1.
Abacnl: Mayo< Brady.
Mayor Pro- Tem Robbins read tbe call and
stated this U the Regular Session of tbe City
ColU1ci1 called to< tbe Purpose to act upon
sueb bnsiness wbieb may properly come
before tbe Council.
1nvocadon was given by Rev. Dr. James
Dotson, Pastor of Gnodview A venue United
Metbodist Church.
ColU1ci1 Member Nagle moved to suspend
tbe rules to allow anyone presenl to address
tbe Council if tbey 10 desire. Scccnded by
ColU1ci1 Member Nicholson. Csrried by tbe
following vote: Y--Mayo< Pro-Tem
Robbins, Council Members Kluesner, Krieg,
Nagle, Nicholson, Voctherg. Nays-None.
Abacnl-Mayor Brady.
Proof of Poblication ccrdfied to by tbe
Publisher on Nodce of Public Hearing to
reclassify property located n<rtb of 3735
Peru Rei. from C-3 to R-1 Distric~ presented
and read There were no written objecdons
rcccived and no <raI objectors present at tbe
time of tbe Hearing. Council Member Nagle
moved tbat tbe proof of poblication be
received and filed. Seconded by Council
Member Nicholson. Csrried by tbe
following vote: Yeas-Mayor Pro- Tem
Robbins, Council Members Kluesner, Krieg,
Nagle, Nicholson, Voetbcrg. Nays-None.
Abacnt-Mayor Brady.
An Ordinance Amending Zoning
Ordinance by reclassifying property located
Nortb of 3735 Peru Road from C-3 General
Commereisl Districi to R-1 Single-Family
Residcndal Distric~ said Ordinance having
been presented and read at tbe Council
Meedng of 5-17-93, presented for finsl
sedon.
198
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Sccdon 1. That the Code of OnIinanœs
of lite City of Dubuque, Iowa be amended
by revising Appendix A tbcrcof, slso known
as tbe Zoning Ordinance of tbe City of
Dubuque, Iowa, to reclassify hercinst\cr
described property from C-3 General
Commcrcisl Districi to R-1 Single-Family
Residendsl Distric~ to wit:
Lot 2 of Lot 1 of Lot 1 of Lol 4 of
Lot 1 of Lol 1 of Lot 1 of Lot 1 snd
Lot 2 of Lot 1 of Lot 1 of Mineral Lot
324, snd tbe nortb 40 feel of Lot 2 of
Lot 1 of Lot 4 of Lot 1 of Lol 1 of
Lol 1 of Lol 1 and Lot 2 of Lot I of
Lot I of Mineral Lot 324, and to tbe
center line of tbe adjoining public
right-of-way, all in tbe City of
Dubuque, Iowa,
Secdon 2. That tbe foregoing amendment
has beretofore been reviewed by tbe Zoning
Commillion of tbe City of Dubuque, Iowa,
Passed, approved and adopted litis 21st
day of June, 1993.
Joseph T. Robbins
Mayor Pro-Tem
Attesl:
Mary A. Davis
City Clerk
Poblished officially in tbe Tel<graph
Herald newspaper this 28tb day of June,
1993.
It 6128
Msry A. Davis CMC
City Clerk
ColU1ci1 Member Nagle moved final
adopdon of the OnIinsnce. Scccnded by
Council Member Nicholson. Csrried by tbe
following vote: Y--Mayo< Pro-Tem
Robbins, Council Members Kluesner, Krieg,
Nagle, Nicholson, Voetbcrg. Nays-None.
Absent-Mayor Brady.
199
Regular Se88lon, June 21,1993
POlled, approved and adopted this 21st
day of June, 1993.
Joseph T. Robbins
Mayor Pro-Tem
Proof of Poblicadon certified 10 by the
Pobliabcr 011 Notice of Poblic Hearing ID
amend Zoning OnIinance pertaining to "Roof
Signs", prcacnted and read. There were no
wri- objections received and no cn1
objectors prcacnl 51 tbe dmc of the Hearing.
Cooncil Member Kluesner moved tbat the
proof of publicadon be received and fI1cd
Seconded by Council Member Nicholson.
Carried by Ihe following vole:
Ycas-Mayor Pro-Tem Robbins, Council
Members Kluesner, Krieg, Nagle, Nicholson.
VoetbeJ¡. Nays--Nonc. Abscnl-Mayor
Brady.
An Ordinance Amending Zoning
Ordinance by adopting in lieu tbcrcof a new
Sccdon 4-3.3(G) pertaining to prohibiting
Roof Signs, said Ordinance having been
prcacnted and æad 01 the Council Mcedng of
5-17-93, presented for finsl acdon.
Au.sl:
Mary A. Davis
CityClcrlt
Council Member Kluesner moved final
adopdon of the Ordinance. Seconded by
Cooncil Member Nicholson. Csrried by tbe
following vote: Ycas-Mayor Pro-Tem
Robbins, Council Memhcrs Kluesner, Krieg,
Nagle, Nicholson, Voetbcrg. Nays--None.
Abscnl-Mayor Brady.
Proof of Poblication ccrdficd to by tbe
Poblisher on Notice of Public Hearing
providing f<r tbe adoption of a Conceptual
Development Plan for Terrace Heights,
presented and read. There were no written
objections received and no oral objectors
presenl 51 the time of tbe Hearing. Council
Member Kluesner moved tbst tbe proof of
publicadon be received and filed. Seconded
by Council Member Nagle. Csrried by tbe
following vote: Yeas-Mayo< Pro- Tem
Robbins, Cooncil Members Kluesner, Krieg,
Nagle, Nicholson, Voelberg. Nays--None.
Abscnl-Mayor Brady.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 31-93
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA
PROVIDING THAT THE CODE
OF ORDINANCES, CITY OF
DUBUQUE, lOW A, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS
THE WNiNG ORDINANCE OF
THE CITY OF DUBUQUE, IOWA,
BY REPEALING SECTION 4-
3.3(G) AND ADOPTING A NEW 4-
3.3(G) IN LIEU THEREOF
PERTAINING TO PROHIBmNG
ROOF SIGNS.
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCn. OF THE CITY
OF DUBUQUE. IOWA:
Secdon 1. Appendix A of the City of
Dubuque Code of OnIinances is hereby
amended by repealing Sccdon 4-3.3(g) and
adopting tbe following new Secdon 4-3.3(g).
Roof signs as defined in Sccdon 4-3.2 of
tbiJ ordinance, except tbat anv on-,..mise
roof sian ofless !ban 100 snuarc feel and
localC4
An OnIinance Amending Zoning
Ordinance by adopting a Conceptual
Development Plan for the Tenace Heights
PR Planned Residential Districi on Pcru
Road in tbc City of Dubuque, 10wL, said
Ordinance having been presented and read at
tbe Council Mccdng of 5-17-93, presented
for finsl ..don.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 32-93
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA
PROVIDING THAT THE CODE
OF ORDINANCES, CITY OF
DUBUQUE, lOW A, BE AMENDEIO
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS
THE WNiNG ORDINANCE OF
THE CITY OF DUBUQUE, IOWA,
BY ADOPTING A CONCEPTUAL
DEVELOPMENT PLAN FOR THE
TERRACE HEIGHTS PR
PLANNED RESIDENTIAL
DISTRICT ON PERU ROAD IN
THE CITY OF DUBUQUE, IOWA.
Wbcrcss, Windsor Pad< Properties/ROC,
owner, bas filed an app1icadon for approval
of a conceptual development plan for
hereinafter described property in accordance
witb provisions of the PR Planned
Reaidentia1 District regulations as sel fortb in
take
Regular Seulon, Jun. 21,1993
200
Sccdon 3-5.4 of tbe Code of OnIinanccs,
Appendix A tbcrcot of the City of Dubuque,
Iowa; and
Wbcrcas, the Zoning Commission bas
held a public hearing on said appIicadon for
a conccptua\ developmenl plan psrsuant to
required publisbed nodce; and
Wbcrcas, tbe Zoning Commission bas
approved said oonceptual development plan
subject to specific condidons and restrictions
having found tbat said plan oonf<rms witb
tbe review standards applicable to such plans
as set fortb in Section 3-5.4E of tbc Code of
Ordinances, Appendix A tberoof, of the City
of Dubuque, Iowa; and
Wbcrcas, tbe Zoning Commission
recommended tbe concurrence of tbe City
Council and approval of said conecptual
devclopmenl plan; and
Wbercas, the City Council bas received
tbe rccommcndadon of the Zoning
Commillion and held its own public hearing
on said conceptual development plan
pursuant to required publisbed nodce; and
Wbcrcas, tbe City Council has approved
said conceptual developmenl plan subject to
tbe same specifie conditions and restrictions.
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCn. OF THE CITY
OF DUBUQUE, IOWA:
Secdon 1. Thst the Code of OnIinances
of tbe City of Dubuque, Iowa, be amended I
by revising Appendix A tberoof, slso known
as tbe ZolÙng OnIinance and Zoning Map of
tbe City of Dubuque, Iowa, by adopdng and
approving tbe conceptual development plan
for the following described -rty, to wit:
Lot 2 of 1 of D of Tenace Heights
Subdivision in tbe City of Dubuque, Iowa
and extending to tbe center line of any
abutting public right-of-way.
Secdon 2. That in crder to sccomplish
tbe purposes of tbe PR Planned Residentisl
Distric~ and tbe Zoning Ordinance of tbe
City of Dubuque, Iowa, the use and
improvement of tbe hercinubove described
PR Planned Residentisl Dismci shall be
subject to tbe submitted conceptual
developmenl plan and to the following
conditions and resmctions:
A. Use Re.uIadons
The following reguladons shnllapp1y
to nil uses msde ofland in tbe above
described PR Planned Residendsl
Dismct
1) The priocipal permitted use shsll be
limited 10 mobile home
padrJsubdivision as permitted by
Sccdon 3-5.4(C) of tbe Zoning I
Ordinance of tbe City of Dubuque,
10wL
2) Acccss(J<y uses shnl1 be limited to
any ... customari1y incidental and
subon1inatc to tbe principal use il
serves.
3) No condngcncy.... will be nIIowed.
B. Bulk Rcou1adoRl
TOO bulk rcguIadons in tbiJ psmcu1ar
PR Planned Rca1dcndal District shnl1
be u follows:
Lot Area 5,000 aq. fL
Lol Frontage 50 fL
Lot Coverage as % Lol Area 40%
Setbacks:
Front 10'
Side 6'
Rear 10'
Building Height 20'
C. Parldn. Rcouirements
TOO following reguladons shall apply
to nil parking areas in tbe above
described PR Planned Residendsl
Dismct
1) The otT-sb'cct parking requirements
for tbe principal permitted ... shnl1
be two (2) spaces/dwelling uniL
2) No on-sb'cct parking will be
permitted in this PR DismcL The
property owner shnl1 install signs to
this effect slong the sb'cct in this PR
DismcL
D.~
The sign reguladoRl in tbiJ psrdcular
PR Planned Residendsl Dismct shnl1
be tbe same as that wbich is nIIowed
in tbe R-4 Multi-Family Residentisl
Dismcl as estahlisbed in Secdon 4-
3.11 Scbedule of Sign ReguladORl of
tbe Zoning Ordinance of tbe City of
Dubuque, 10wL
E. Site Develooment Standards
The site development standards for
this PR Planned Residendsl Dismct
shsll be as follows:
1) A final site development plan shall
be submitted in accordance witb
Section 4-4 of tbe Zoning Ordinance
of tbe City of Dubuque, 10wL
2) All ootside rubbish, stcrage and
garbage collection areas shnl1 be
permanently screened from view to a
heighl of at least six (6) fce~ as sel
fortb in Secdon 4-4.6(3) of tbe
Zoning OnIinancc of tbe City of
Dubuqne, 10wL
3) All slopes wbieb exceed ten (10)
percent shnl1 be stabilized witb
appopriate ground cover as set f<rtb
in Section 4-4.6(2) of tbe Zoning
Ordinance of tbe City of Dubuque,
10wL
4) All utility transmission systems shnl1
be plaocd underground.
5) Adequate illuminstion shnll be
provided ID sb'ccts, sidews1ks, and nil
areas fo< vebicular and pedestrian
circuladon, and shall be directed so
201
Regular Session, June 21, 1993
u not to interfere witb the ... and
enjoyment of adjsccnl properties.
6) Landacaping shall be Installed u 101
forth in Sccdon 4-5.3 of the Zoning
OnIinancc of tbe City of Dubuque,
Iowa. In _don, tbe conccptus\
developmcnl plan shall show, and
ins1ol\ation shall be required, the
..tablishmenl of screening adjaocnl
to Peru Road running behind mobIie
home Iota 111-14 and 33 and along
the side of Lot 15, except where a
visibility triangle mnsl be maintained
at s-lldriveway in_dons, to
COßIÌJI of a 3 foot bigh cartben bcnn
1andscaped witb tccbny arborvitae
plantings spsccd 3 feel apart of at
least 50% opacity 01 the time of
installadon and 75% opacity within
tbrcc (3) years of installadon and of
at1...t five (5) feet in hcighl at the
dme of installadon and wilb !be
potendal to grow in exOClS of IOn
(10) feel within five (5) years to be
planted along the top of the berm.
F. Performance Standards
The developmcnl and maintenance of...s
in this PR Planned Residcndal Dislrlci
shsU be established in conformance witb
the standards of Sccdon 3-5.4E of tbe
Zoning OnIinance of the City of
Dubuque, Iowa,
G. Time Umilation
The timetable for consttucdon and
submittal of a final site development
plan shall be established in
conformanoc witb tbe following
standards:
1) The c:onc:cptuaI developmenl plan
shall be valid for a period of tbrcc
(3) years from tbe date of adopdon
of this ordinance.
H. Trsnsfer of Owncrsbip
Trsnsfcr of owncrsbip or 1.... of
property in this PR Planned
Residendal Dislrlci shall inclode in
tbe transfer or I.... agreement a
provision tbat tbe purchaser or Ie....
acknowledges awanme.. of tbe
conditions aulhorizing the
establishment of this dislrlcL
I.~
Those areas designated on tbe
conceptual dcvelopmcnl plan for this
pardcular PR Planned Residential
Dislrlct as "Open Spscc" shall be
maintained as open spscc as defined
by Sccdon 8 of tbe Zoning
OnIinancc of tbe City of Dubuque,
Iowa and shsU be planted witb
appropriate coniferous or deciduous
trees.
J. S_1a
--no cul-de-sac "_I instal1cd in this
pardcular PR Planned Residential
Dislrlcl connecting to Peru Road at
the nortb eod of this projec~ shsU be
conslrUClCd and maintained as a
paved, pinte sbcc~ wilb curb and
guucr, in scccrdancc witb the City of
Dubuque spcclfications by tbe
property owner and/or association. If
not 10 maintained, the City of
Dubuque may do 10 01 tbe expense
of the property owner an<Vor
usociadon.
K. Utilitv and Drainlllle PIAns
Utility plans mull be submitted
before final site developmenl plan
appoval. All utility extensions shall
be constructed and maintained in
scoordancc witb tbe City of Dubuque
spcclficadoßl by tbe property owner
an<Vor associadon. A grading and
drainage plan wbich meets tbe City
of Dubuque specifications, including
design plans for culverts, must be
submitted before final site
deve1opmenl plan approvsl.
Sccdon 3. A final site developmenl plan
shsU be approved by tbe City Planner if
found to be in conformance witb tbe
conceptual development plan. If fouod to be
in conf<rmancc witb said plan, tbe i..uancc
of building permits shsU be pemùtted.
Following approval of a final silo
development plan, no construction may take
pisco except in substantial conformance witb
sueb plan.
P888cd, approved and adopted this 21st
day of June, 1993.
Joseph T. Robbins
Mayor Pro-Tem
Attesl:
Mary A. Davis
City Clerk
ACCEPTANCE OF ORDINANCE NO.
32-93
I, W. L. Moreland, baving read the terms
and conditions of the foregoing OnIinancc
No. 32-93 and being familiar witb tbe
condidons thereof, hereby acccpl this same
and agree to tbe condidons required Ibcrcin.
Dated in Dubuque, Iowa this 91b day of
July, 1993. .
Wiodso< Park Properties 3
By: Roc Properties, In.., Managing Agenl
By Isl W. L. Moreland, Vice Prcsidenl
Poblished officially in tbe Tekgraph
Herald newspaper this 21s1 day of July,
1993.
Mary A. Davis CMC
It 7fl1 City Clerk
Regular Session, June 21,1993
202
COIDlcil Mccdng Klucsncr moved fina1
adopdon of the OnIinancc. Scccnded by
Council Member Nagle, Csrried by the
following vote: Y--.Mayo< Pro-Tcm
Robbin.. CounciJ Memhcrs Kluesner, Krieg,
Nagle, Nicholson, Voctberg. Nays-None.
Absenl-Mayor Brady.
Proof of Poblicatinn ccrdfied to by !be
Poblishcr on Nodcc of Poblic Hcadng to
consider a LcasctMooring RighI> Agrccmenl
between the City and the Dubuque County
Historical Society, presented and read.
There were no written ubjecdons ICCCÌved
and no <raI objecton prcsenl 01 tbe time of
tbe Hcadns. CounciJ Member Nagle moved
tbal !be proof of pablicadon be received and
filed. Seconded by Council Member
Niebolson. Csrried by tbe following vote:
Ycas-Mayor Pro-Tem Robbin., Council
Members Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nayo-None. Abscnl-Mayor
Brady.
RESOLUTJON NO. 181-93
RFSOLUTJON APPROVING THE
LEASEIMOORING RIGHTS
AGREEMENT BETWEEN THE
CI1Y OF DUBUQUE, IOWA, AND
THE DUBUQUE COUNTY
HISTORJCAL SOCIETY
Wbcrcas, pursuant to duly publisbcd
public notice tbe City Council of Dubuque,
low.. mel on the 21st day of JlU1e. 1993, at
7:30 in the Carnegie-Stout Poblic Ublary
Auditorium, IItb and Bluff Sbccts,
Dubuque, Iowa, to consider a propessl to
I.... 300 feet of waler frontage in the Ice
Harbor, City of Dubuque, Iowa;
Wbercas, sueb property is to be lcssed to
Dubuque County Historical Society in
scoordance witb a LcasclMooring Rights
Agrecmen~ a copy of wbieb U attacbcd
hereto and made a part hereof; and
Wbercas, tbe City COWIci1 of tbe City of
Dubuque, Iowa, has ovemJ1ed any and all
objections, oral or written, to tbe propossl to
dispose of tbe inlerest of tbe City of
Dubuque, Iowa, as set forth in the
LcasclMooring Rights AgrccmenL
NOW, THEREFoRE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That tbe attacbcd
LcasclMooring Rights Agreement by and
between the City of Dubuque,lowa, is in tbe
public in_II of tbe citizens of the City of I
Dubuque and is hereby approved.
Sccdon 2. That the Mayor be and be is
hereby autborizcd and directed to execule the
LcasclMooring Rights Agrccrncnt on behalf
of tbe City of Dabuque, Iowa,
P888cd, approved and adopted this 21s1
day of June, 1993.
Attesl:
Mary A. Davis
CityClcrlt
Joseph T. Robbins
Mayor Pro-Tem
ColU1ci1 Member Nagle moved adopdon
of the Remudon. Scccnded by Council
Member Nicholson. Csrricd by tbe
following vote: Ycas-Mayor Pro-Tem
Robbin.. Council Memhcrs Kluesner, Krieg,
Nagle, Nicholson, Voctberg. Nays-None.
Abscnl-Mayor Brady.
Communicadon of City Manager
rcconuncnding approval of MCßIOI8ßdum of
Agreemenl between tbe City and tbe Fiscber
Co. reladng to the sUey rcpsiIs bcbind tbe
Fiseber Building at 9th and Main Sbccts and
requesting a public bcadng be bold grandng
an HIIemcnl fo< said property, presented and
read. Council Member Kluesner moved tbal
tbe communicadon be received and filed.
Scccnded by Coonci1 Member Voctbcq .
Carried by the following vole:
Yoss-Mayor Pro-Tem Robbins, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays-None. Absent-Mayor
Brady.
RFSOLUTION NO. Ig2-93
RESOLUTION APPROVING
MEMORANDUM OF
AGREEMENT AND SETTING
PUBLIC HEARING ON GRANT
OF EASEMENT TO PLASTIC
CENTER, INC. RELATING TO
THE ALLEY REPAIR WEST OF
MAIN STREET, FROM 9TH TO
10TH STREET
Wbcrcas, tbe City of Dubuque and Plasdc
Cenler, Inc. have been negooating witb
respeel to tbe repair of tbe alley WCst of
Msin Sbcc~ from 9tb Sbcct to 10tb SIrcc~
and
Wbercas, a Memorsndum of Agreement
has been reached between tbe two pardes
witb respect to tbe necessary sttuctursl
repairs to tbe basement of tbe Fiscber
Building, located at tbe comet of 9tb and
Msin SIrcc~ which extends into ssid alley;
and
Wbcrcas, tbe City Council has determined
tbat tbe Memorsndum of Agreement is
acocptable and should be approved.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE,IOWA:
Sccdon 1. Thst tbe Mem<randum of
Agrccmenl relating to rcpsirs to tbe alley
between Msin and Locus~ from 9tb to 10th
203
Regular Se8llon, June 21, 1993
S_~ and repairs to the bascmenl of the
FiJcbcr building located bcncatb said alley
be approved.
Sccsion 2. That tbe Grsnl of Eascmcnl
from the City to Plasdc Center, \nc. fo< 1hc
JIU1POIC of owning and maintaining the
building bucmcnl beneatb the said alley be
approved, and sol fo< public hcariDa,
__I to Iowa Code Secdon 364.7 on July
6, 1993 at 7:30 o'clock p.m. in the Carnep
Stœl Poblic Uinry AudilŒium.
Sccsion 3. That the Mayo< be authorizccl
and directed to cxecote two ccp1cs of the
Mcmcnndum of AgrecmcnL
POlled, approved and adopted dtis 21s1
day of June, 1993.
Attest
Mary A. Davis
City CIcrlt
Joseph T. Robbins
Mayor Pro-Tem
CoW1cil Member Kluesner moved
adoption of the Resolution and further set tbe
Hearing sel Tuesday, July 6, 1993 al 7:30
p.m. in tbe Poblic Ublary Auditorium and
direcl tbal tbe City Clerk publish nodce in
tbe manner prescribed by law. Seconded by
COWIciI Member Voetbcq . Csrricd by tbe
following vote: Y--Mayo< Pro-Tem
Robbins, Council Members Kluesner, Krieg,
Nagle, Nicholson, Voetberg. Nays--None.
Absent-Mayor Brady.
Cornmunicsdon of Dean R. Mi1Iius
appealing decision of Crawfonl &; Company
to deny bis car daroage clsim and
communication of Dean Mi1Iius requesting
this item be tabled to the ncxl Council
Meedng and communicátion of Corporadon
ColU1se1 advising Cooncil of basis of
Crawfonl denisl and recommending further
denial, presented and read Council Member
Niebolson moved tbal the request for tabling
to the July 6tb. meedng be approved.
Seconded by Cooncil Member Kluesner.
Carried by Ihe following vote:
Ycas-Mayor Pro-Tem Robbins, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Voctbcq . Nays-None. Absenl-Mayor
Brady.
Communicadon of City Manager
submitting amendments to the Residendal
Housing Code, presented and read. Council
Member Voetbcq moved tbal tbe
communicadon be received and fitcd.
Scounded by Council Member Nagle.
Carried by Ihe following vote:
Ycas-Mayor Pro-Tem Robbins, Council
Members Kluesner, Krieg. Nagle. Nichol....,
Voctbcq . Nayo-None. Abacnl-Mayor
Brady.
An Ordinance Amending Code of
0rdbwI0cs by rcpeadng and enacting new
-ODS in lieu tbcrcof for certain -ODS of
Chapter 26 rcladng to the Residentisl
Housing Code, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 33-'3
AN ORDINANCE AMENDING
THE CODE OF ORDINANCI!S,
CI1Y OF DUBUQUE, IOWA,
CHAPTER, 2', HOUSING
REGULATIONS, BY AMENDING
SECTION U-IO(b)(l) BY
REPEALING PARAGRAPH (I)
RELATING TO THE
PERFORMANCE REQUIREMENT
FOR SANITARY FACn.ITIES
AND ADOPTING IN LIEU
THEREOF A NEW PARAGRAPH
(1) RELATING TO THE
PERFORMANCE REQ VIREMENT
FOR SANITARY FACn.ITII!S;
AMENDING SECTION 26-IO(d)(2)
BY REPEALING PARAGRAPH (2)
RELATING TO ACCEPT ABn.ITY
CRITERIA FOR OCCUPANCY
STANDARDS AND ADOPTING IN
LIEU THEREOF A NEW
PARAGRAPH (2) RELATING TO
ACCEPTABn.11Y CRITERIA FOR
OCCUPANCY STANDARDS;
AMENDING SECTION 26-100)(1)0.
BY REPEALING PARAGRAPH..
RELATING TO THE
PERFORMANCE REQUIREMENT
FOR ABATEMENT OF LEAD-
BASED PAINT HAZARDS AND
ADOPTING IN LIEU THEREOF A
NEW PARAGRAPH.. RELATING
TO THE PERFORMANCE
REQUIREMENT FOR TESTING
AND ABATEMENT OF LEAD-
BASED PAINT HAZARDS;
AMENDING SECTION 26-100)(3)
BY ADOPTING A NEW
PARAGRAPH.. RELATING TO
THE DEFlNmON OF ELEVATED
BLOOD LEVEL; AND AMENDING
SECTION 2'-10(J)(3) BY
ADOPTING A NEW PARAGRAPH
r. RELATING TO THE
DEFINITION' OF LEAD-BASED
PAINT.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Secdon 1. Secdon 26-1O(b)(1) oflbeCity
of Dubuque Code of Ordinances is hereby
rcpcaIed, and the following new Secdon 26-
1O(b)(I) is hereby adopted:
Regular Session, June 21,1993
(1) l'erfonnanœ RccuircmenL Each
dwelling unil shall include ita own sanitary
fad1idcs wbieb Ole in J"" IC1' opcradng
condidon, can be DIed in privacy, and Ole
adcq.... fo< pcrsona\ clcanlinoas and tbe
disposaJ of human waste.
Sccsion 2. Secdon 26-10(d)(2) of the City
of Dubuque Code of Ordinances is bcrcby
rcpcaIed, and the following new Secdon 26-
IO(d)(2) is bcrcbyadopted:
(2) ACOCIItabllitv Critaia. A living room,
kitchen area. and bathroom shall be presen~
and the dwelling unit shall contain 01 least
one sleeping or living/sleeping room of
appropriate size for csch two (2) persons.
Persons of opposite sex, otbcr !ban husband
and wife 0< very YOWlS children, may nol be
required to occupy tbe same bedroom or
living/slccping room. Exterior doors and
windows acœssible from outaide the
unil shall be lockable.
Section 3. Section 26-1O(j)(1)a. of tbe
City of Dubuque Code of Ordinances is
hereby rcpesied, and tbe following new
Secdon 26-IO(j)(I)a. is hereby adopted:
.. The dwelling unit shall be in
compliance witb HUD Lead Based Psinl
regulations, 24 CFR Pan 887, issued I
pun_I to the Lead Based Psint
PoiJoning Prevention Ac~42 U.S.C. 4822,
and the owner shall provide a cemficadon
tbat tbe dwelling is in sccordance witb
sueb HUD reguladons.
Section 4. Secdon 26-1O(j)(3) oftbe City
of Dubuque Code of Ordinances is hereby
amended by adopûng tbe following new
paragraph e.:
e. Definidon of Elevated Blood Level.
A confirmed concentration of lead in
whole blood of 20 ug/dl (micrograms
of lead pcrdccilitcr of whole blood) or
greater.
Section 5. Section 26-1O(j)(3) of the City
of Dubuque Code of Ordinances is hereby
amended by adopûng the following new
paragraph f.:
f. Dcfinidon of Lead-Based PsinL A
paint surface, whether or not defccdve,
idendfied as baving a lead conlon!
greater tban or equal to I mg/cm' as
identified by X-ray fluorescence; or
0.5% by wcighL
Section 6. Tbis ordinance shall take
effecl immediately upon publicsdon.
204
Palled, approved and adopted this 21st
day of June, 1993.
Joseph T. Robbins
Mayo< Pro-Tem
Attesl:
Mary A. Davis
CityClcrlt
Poblished officially in the Tekgraph
Herald newspaper this 28tb day of June,
1993.
Mary A. Davis CMC
It 6I2g City Clerk
COWIciI Member Voctbcrg moved tba!
this be considered the first reading of tbe
Ordinance, and that 1hc requircmenl tbal a
proposed Ordinance be considered and voted
on for passage 01 two ColU1cil meedngs prlo<
to the meeting at wbich 11 U to be finally
adopted be suspcndccl and further moved
fiual adopdon of Ihe Ordinance. Seconded
by Council Member Nasle. Csrried by tbe
following vote: Yeas-Mayo< Pro- Tem
Robbins, Cooncil Members Kluesner, Krieg,
Nagle. Nicholson, Voctberg. Nays-None.
Absent-Mayor Brady.
Communicsdon of City Manager advising
of HUD's rcducdon in Fair Market Units,
presented and read. COIU1ci1 Member
Voetbcq moved tbsl tbe communicsdon be
rcœived and filed. Seconded by Council
Member Kluesner. Csrried by Ibe following
vole: Y--Mayor Pro-Tem Robbins,
ColU1ci1 Memhcrs Kluesner, Krieg, Nagle,
Nicholson, Voctberg. Nays-None.
Absenl-Mayor Brady.
RESOLUTION NO. 183-93
RESOLUTION PROTFSTING A
PROPOSAL BY THE US
DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
(HUD) TO REDUCE THE
DUBUQUE FAIR MARKET RENTS
STANDARD.
Wbereas, tbe City has administered, since
1976, a HUD Secdon 8 Rental Assistance
Program, now totaling 900 units, fo< low-
income families in need of housing subsidy,
for whieb a reasonable economic return is
necessary in onIer to retain tbe.psrdcipadon
of area rental property owners on tbe
program; and
Regular Session, June 21, 1993
Wbcrcu, the City bas administered, since VoetbeJ¡ moved tbal the communicadon be
1984, vorl- œntal rehabilitadon loan rcocived and filed. Seconded by Council
usistancc programs, totaling hundreds of Member Nagle. Csrried by the following
units, in bcnelil oflow-income families, and vote: y.-Mayo< Pro-Tem Robbins,
fo< wbieb a reasonable economic return iI Cooncil Memhcrs Kluesner, Krieg, Nagle,
necessary in <rdcr to induce local property Nicholson, Voctbcrg. Nays-None.
owners to psrdcipate; and Abscnl-Mayor Brady.
Wbcrcu, the adminisl1alion of the Section
8 Program Is dependent upon reven... railed An Ordinance Amending certain Sections
by adninisl1alive f... through the leasing of of Cbaplcr 32 of the Code of Ordinances;
the 900 prosrarn units; and Molar Vebicles and Traffic relating to and
Wbcrcu, HUD bas proposed to reduce revising tbe current Parldng Ordinance,
the Dubuque Fair Market Rents Standard, presented and æad.
wbich will result in fewer owners wisbing to (OFFICIAL PUBLICATION)
pardcipstc in the Secdon 8 usistance ORDINANCE NO. 34-93
programs, fe_owners wisbing to invest in AN ORDINANCE AMENDING
imprcvemcntoftbeirœntalunlts,areduction CHAPTER 32 OF THE CITY OF
in the number of assisted units cooscquendy DUB U QUE COD E 0 F
available to low-income fami1ies, economic 0 R DIN A N C E S , MOT 0 R
banlsbip to low-income households unable to VEHICLES AND TRAFFIC, BY
obtain housing subsidy and inadequate REPEALING SECTION 32-2,
funding for condnucd City adminis1radon of UNNUMBERED PARAGRAPH
tbe Secdon 8 assistance programs; HOLIDAYS. AND ADOPTING
NOW, THEREFORE, BE IT RESOLVED NEW SECTION 32-2,
BY THE CITY COUNCn.. OF THE CITY UNNUMBERED PARAGRAPH
OFDUBUQUE,10WA: HOLIDAYS, DEFINING
Sccdon 1. Tbal the City of Dubuque, "HOLIDAYS"; BY REPEALING
Iowa opposes the proposed reduction in tbe SECTION 32-301 AND ADOPTING
Fair Market Rents Standard. NE W SEC T ION 32 -3 0 1
Sccdon 2. Thst tbe US Dcpartmcnl of RESTRICTING PARKING TIME
Housing and Urban Dcvelopmcnl be IN MUNICIPAL PARKING
requested to reconsider its proposal and GARAGES AND PROVIDING FOR
instcad to scta fair markelrcnt standard for RESERVED SPACES; BY
Dubuque wbich is reflective of actual ADOPTING A NEW SECTION 32-
hoUlingmarkelcondidonsandwbichallows 301.5 PROVIDING FOR
for coodnued opcradon oftbe City Secdon 8 RESERVED PARKING SPACES
and housing rehabilitadon assistance AND PROHIBITING THE USE
programs. THEREOF BY PERSONS OTHER
Secdon 3. That this resoludon be sent to THAN TENANTS; BY REPEALING
tbe US Dcpartmcnl of Hoosing and Urban SECTION 32-311(8) AND
DcvelopmcnL ADOPTING NEW SECTION 32-
Sccdon 4. Thai tbe City Manager is 311(8) DESIGNATING CITY
autborized and directed to work wilb all PARKING LOT NO.9; BY
respective agencies to acbieve a resolution to REPEALING SECTION 32-311(9)
this issue. AND ADOPTING NEW SECTION
POlled, approved and adopted this 21s1 32-311(9) DESIGNATING CITY
day of June, 1993. PARKING WT NO. 10; BY
Joseph T. Robbins REPEALING SECTION 32-311(11)
Mayor Pro-Tem RELATING TO CITY PARKING
LOT NO. 12; BY REPEALING
SECTION 32-312 AND ADOPTING
NEW SECTION 32-312
PROVIDING FOR THE
INSTALLATION OF PARKING
METERS IN MUNICIPALLY
OWNED PARKING LOTS; BY
REPEALING SECTION 32-314(1)
AND ADOPTING NEW SECTION
32-314(1) ESTABLISIDNG THE
FEE IN CERTAIN MUNICIPALLY
OWNED PARKING LOTS; BY
REPEALING SECTION 32-314(2),
SECOND UNNUMBERED
PARAGRAPH, AND ADOPTING
205
Regular Session, June 21,1993
NEW SECTION 32-314(2),
SECOND UNNUMBERED
PARAGRAPH, PROVIDING FOR
RESERVED PARKING ON
PARKING LOT NO.4; BY
REPEALING SECTION 32-314(2).
FOURTH UNNUMBERED
PARAGRAPH, AND ADOPTING
NEW SECTION 32.314(2),
FOURTH UNNUMBERED
PARAGRAPH, PROVIDING FOR
RESERVED PARKING ON
PARKING LOT NO.9; BY
REPEALING SECTION 32-314(2),
FIFTH UNNUMBERED
PARAGRAPH, AND ADOPTING
NEW SECTION 32-314(2), FIFTH
UNNUMBERED PARAGRAPH,
PROVIDING FOR RESERVEIO
PARKING ON PARKINGWT NO.
10; BY REPEALING SECTION 32-
314(2), SIXTH UNNUMBERED
PARAGRAPH, AND ADOPTING
NEW SECTION 32-314(2), SIXTH
UNNUMBERED PARAGRAPH.
PROVIDING FOR RESERVED
PARKING ON PARKING LOT NO.
11; BY ADOPTING SECTION 32-
314(2), NEW SEVENTH
UNNUMBERED PARAGRAPH,
PROVIDING FOR NOTICE OF
RESTRICTIONS FOR
MUNICIPALLY OWNED
PARKING LOTS; BY REPEALING
SECTION 32-314(3) PROVIDJNG
FOR RESERVED PARKING ON
PARKING WT NO. 10; BY
REPEALING SECTION 32-314(4)
PROVIDING FOR RESERVE
PARKING ON PARKING WT NO.
12; BY REPEALING SECTION 32-
315 AND ADOPTING NEW
SECTION 32-315 REQUIRING
THE DEPOSIT OF COINS IN
PARKING METERS AT CERTAIN
TIMES; BY REPEALING
SECTION 32-317 AND ADOPTING
NEW SECTION 32-317
PROHIBmNG DEFACING OR
TAMPERING WITH PARKING
METERS; BY REPEALING
SECTION 32-331. SECOND
UNNUMBERED PARAGRAPH.
DEFINING "PARKING METER";
BY REPEALING SECTION 32-331,
THIRD UNNUMBERED
PARAGRAPH, AND ADOPTING
NEW SECTION 32-331, THIRD
UNNUMBERED PARAGRAPH,
DEFINING "PARKING METER
DISTRICT"; BY REPEALING
SECTION 32-331, FIFTH, SIXTH,
SEVENTH AND' EIGHTH
UNNUMBERED PARAGRAPHS,
Attesl:
Mary A. Dsvis
City Clerk
ColU1ci1 Member Voetbcq moved
adopdon of tbc Rcsoludon. Scccnded by
CO1U\ciI Member Kluesner. Csrried by tbe
following vote: y.-Mayer Pro-Tem
Robbins, Council Members Kluesner. Krieg,
Nagle, Nicholson, Voetherg. Nays-None.
Absent-Mayer Brady.
Communication of City Manager
submitting reviling Psrlång Ordinance,
presented and read. Cooncil Member
DEFINING "ROADWAY,"
"SIDEWALK," "STREET" AND
"VEHICLE"; BY REPEALING
SECTION 32.332 AND ADOPTJNG
NEW SECTION 32-332
AUTHORIZING THE
INSTALLATION OF PARKJNG
METERS IN THE PARKING
METER DISTRICT AND
AUTHORIZING THE CITY
MANAGER TO ASSIGN TIME
RESTRICTIONS FOR SUCH
PARKING METERS; BY
REPEALING SECTION 32-335(0)
AND ADOPTING NEW SECTION
32-335(0) PROVIDING THAT
CERTAIN PROVISIONS OF THE
CODE SHALL NOT APPLY ON
HOLIDAYS; BY REPEALING
SECTION 32-3341 AND ADOPTING
NEW SECTION 32-336
ESTABLISHJNG A MUNJCIPAL
PARKING METER DISTRICT
AND DEFINING TIlE STREETS JN
SUCH DISTRICT; BY REPEALING
SECTION 32-337 AND ADOPTING
NEW SECTION 32-337
ESTABLISHING A FEE
SCHEDULE FOR PARKJNG
METERS; BY REPEALING
SECTION 32-338 AND ADOPTING
NEW SECTION 32-338
ESTABLISHING MAXIMUM
PARKING TIMES; BY
REPEALING SECTION 32-339(a)
AND ADOPTING NEW SECTJON
32-339(0) DEFINJNG "RESIDENT
PARKING STICKER"; BY
REPEALING SECTION 32-339(b)
AND ADOPTING NEW SECTJON
32-339(b) GOVERNING THE
JSSUANCE OF RESIDENTIAL
PARKING STICKERS; BY
REPEALING SECTION 32-339(c)
AND ADOPTING NEW SECTION
32-339(0) RELATING TO THE
INFORMATION ON A
RESIDENTIAL PARKING
STICKER; BY REPEALING
SECTION 32-342(0) AND
ADOPTING NEW SECTION 32-
342(0) PROVIDING FOR
PARKING METER
HOODSIPLACARDS; BY
REPEALING SECTION 32-342(0)
AND ADOPTING NEW SECTION
32-342(0) LIMITING THE
PARKING OF VEIDCLES WITH
PARKING METER HOODS
PLACARDS; BY REPEALING
SECTION 32.342(h) AND
ADOPTING NEW SECTION 32-
342(h) AUTHORlZJNG THE CITY
MANAGER TO REVOKE
206
207
Regular Sel8lon, June 21, 1993
PARKING METER
HOODSIPLACARDS; BY
ADOP'I1NG NEW SECTION 32-
342(1) RELATING TO A REQUlŒT
FOR A PLACARD; BY ADOP'I1NG
NEW SECTION 32-343
GOVERNING OFFICIAL
VEHICLE STICKERS; BY
REPEALING SECTION 32-367
AND ADOP'I1NG NEW SECTION
32oM7 DECLAIUNG FINDINGS OF
FACT BY THE CITY COUNCIL
RELATING TO PARKING
SPACES FOR HANDICAPPED
PERSONS; BY ADOP'I1NG NEW
SECTION M7.5 AUTHORIZING
THE CITY MANAGER TO
DESIGNATE SPECIAL PARKING
SPACES FOR HANDICAPPED
PERSONS; BY REPEALING
SECTION 32-368(b) AND
ADOP'I1NG NEW SECTION 32-
368(b) REGULATING PUBLIC.
ANGULAR PARKING; BY
REPEALING SECTION 32-370
AND ADOP'I1NG NEW SECTION
32-370 PROHIBITING THE
IMPROPER USE OF
HANDICAPPED PARKING
SPACES OR IDENTIFICATION
DEVICES; BY REPEALING
SECTION 32-373 AND ADOP'I1NG
NEW SECTION 32-373
ESTABLISHING A BUSINESS
DISTRICT; BY REPEALING
SECTION 32-374(8) AND
ADOP'I1NG NEW SECTION 32-
374(0) RELATING TO
TEMPORARY HANDICAPPED
METER HOODS; BY REPEALING
SECTION 32-374(0) AND
ADOP'I1NG NEW SECTION 32-
374(0) AUTHORIZING THE CITY
MANAGER TO ESTABLISH FEES
FOR TEMPORARY
HANDICAPPEIO METER HOODS;
AND BY ADOPTING NEW
SECTION 32-375 PROVIDING
FOR RESERVED TIME-
DESIGNATED HANDICAPPEIO
PARKING STALLS.
NOW, THEREFORE,BE IT ORDAINED
BY THE CITY COUNcn.. OF THE CITY
OF DUBUQUE. IOWA:
Sccdon 1. TOO Code of Ordinances oftbe
City of Dubuque, Iowa, is amended by
repealing Section 32-2, unnumbered
psmgraph Hclidays, and adopdng new
Sccdon 32-2, unnumbered psmgraph
Holidays, in lieu tbcrcof as follows:
Holidays shall be January firs~ Memorial
Day, July Fourth. tbe first Monday in
September, any day proclaimed by tbe
8ovcrno< u a day of tbanksgiving, Dcœmber
twenty-fifth and tbe following Monday
wbcncver any of the f<rcgoing named
holidays falls on a Sunday.
Sccdon 2. TOO Code of Ordinances oftbe
City of Dubuque, Iowa, iJ amended by
rcpca11ng Section 32-301 and adopdng new
Sccdon 32-301, in lieu tbcrcof as follows:
See. 32-301. Parking time reslricted;
reserved 1p8CCI. Use of tbe municipal
parkins garages shall be limited to tbe
parkins and slol'age of motor vebic1es for a
pedod nol to exceed tbe maximum of
twenty-four (24) hours in a single porkins
pedod, except thai the city manager may
reserve certain parking spsccs Ibcrcin to
tenants upon a montb-to-montb basis upon
payment in advance of tbe monthly rental
eharge. For a fee of five dollars ($5.00) per
twenty-four (24) hour day, paid in advance,
and tbe dme period not to exceed one
hundred twenty hours (120) or five (5) days,
tbe city manager may autborizc ovcrnisht
slol'age of motor vebicles. Arrangements
shall be made in advance for such ovcrniSht
slol'age of motor vebicles in tbe municipal
parking garages.
Secdon 3. TOO Code of Ordinances of tbe
City of Dubuque, Iowa, is ameoded by
adopdng tbe following new Section 32-
301.5: Sec. 32-301.5. RClCrved parking
Ip8cc reslricdo... Reserved parking spscc
tenants shall be assigned spcclfic numbered
spsccs. A reserved parking spscc te...1
shall not paIl< in a spscc otber tban tbe spscc
assigned to tbsl tenanl ulÙess duly autborized
and directed by tbe Parking System
Manager, and any tenant who 10 parks shall
be liable fo< a fine as provided in Sec. 32-
279. No penon otber tban tbe tenant
assigned to a spcclfic numbered reserved
Ip8cc shall park a vebic1e in such 1pICC. any
penon oilier tban tbe te...1 who parks in a
reserved spscc shall be liable for a fine as
provided in Sec. 32-279.
Secdon 4. TOO Code of Ordinances of tbe
City of Dubuque, Iowa iJ amended by
repealing Secdon 32-311(S) and adopting
new Section 32-311(S), in lieu tbcrcof as
follows: (S) Lot No.9: TOO lot situated on
Fiftb Street and vscated Main Strccl and
running psrsllel to vscated Main SIICCI from
Fifth .to Sixtb Streets to Ibe soutbcrn
tcrminns of tbe alley between Iowa Streel
and vacated Main Strcct.
Secdon 5. TOO Code of Ordinances of tbe
City of Dubuque, Iowa is amended by
repealing Section 32-311(9) and adopting
new Section 32-311(9), in lieu tbcrcof as
follows: (9) Lot No. 10: Tbe 101 sitoatcd on
Fiftb Street and tbe alley ...1 of Locust
Street and running parallel to Ibe alley from
Fifth to Sixtb Streets.
~ular Session, June 21, 1993
208
Sccdon 6. TOO Code of Ordinancca of the
City of Dubuque, Iowa is amended by
repealing Section 32-311(11).
Sccdon 7. TOO Code of Ordinancca of the
City of Dubuque, Iowa iJ amended by
rcpca11ng Secdon 32-312 and adopting new
Sccdon 32-312, in lieu tbcreof as follows:
See. 32-312. Metcrs--iJutalladon authorized
and directed. TOO city manager is bcrcby
authori.... and directed to install parking
meters in tbosc mnnicipally owned porlång
lots designated numerically as lots number 1,
2, 3, 5, 6, S and 10 for the purpose of, and
in such numbers and at such places as may
be necessary to tbc regulation, control and
inspccdon of tbe paddng of molar vcbicles
tbcrcin.
Seedon 8. TOO Code of Ordinancca of the
City of Dubuque, Iowa iJ amended by
repealing Secdon 32-314(1) and adopting
new Secdon 32-314(1), in lieu tbercof as
follows: (I) On parking lots nurnbcrs 1, 2,
3, 5, 6, S, and 10, the amount of fee shall be
displayed on csch parking meter and shall
indicate the pedod of dme allowed for tbe I
pardcu1ar United Slates coin dcposil after tbe
meter bas been placed in operation. The
maximurn parking time allowed shall be
indicated on tbe parking meter assigned to
tbe meter space to wbich it applies.
Sccdon 9. TOO Code of Ordinances oftbe
City of Dubuque, Iowa is amended by
repealing Section 32-314(2), second
unnumbered paragrsph, and adopdng new
Secdon 32-314(2), second IU1nurnbered
paragrsph, in lieu tbcrcof as follows: On
Psrldng Lol No. 4, reserved parking upon
condidons and rates as approved in writing
by tbe city manager. On and after July 1,
1993,lCscrved parking for all paddng Ip8CCs
shall be at a monthly rate of eighteen dollars
($IS.00), payable csch montb.
Seedon 10. The Code of Ordinances of
tbe City of Dubuque, Iowa is amended by
repealing Section 32-314(2), fourth
unnumbered paragrsph, and adopting new
Sccdon 32-314(2), foortb unnumhcrcd
paragrsph, in lieu tbcrcof as follows: On
Psrldng Lol No. 9, reserved parking for csch
spscc shall be between tbe hours of 6:00 I
Lm. and 6:00 p.m. daily, excluding
Saturdays, Sundays, and holidays at a
monthly rate of twenty-eight dollars
($28.00), payable csch montb.
Seedon 11. The Code of Ordinances of
tbe City of Dubuque, Iowa is amended by
repealing Section 32-314(2), fifth
unnumbered paragrsph, and adopdng new
Seedon 32-314(2), fiftb IU1numbered
paragrsph, in lieu tbcrcof as follows: On
Psrldng Lol No. 10, reserved parking for
non-mctcrcd spsccs shall be between the
hours of 6:00 Lm. and 6:00 p.m. daily,
excluding Saturdays, SlU1days, and holidays
at a monthly rate of twenty-eight dollars
($28.00), payable each montb.
Seedon 12. TOO Code of Ordinances of
the City of Dubuque, Iowa iJ amended by
repcalins Section 32-314(2), sixtb
unnumbered paragnoph, and adopting new
Seedon 32-314(2), sixtb unnurnbered
patagraph, in lieu thereof u follows: On
Psrldng Lot No. 11, reserved paddng upon
conditions and rates as approved in wridng
by the city manager. On and after July 1,
1993, rcscrved parking for all porking spsccs
shall be at a monthly rate of eighteen dollars
($IS.00), payable csch montb.
Seedon 13. The Code of Ordinances of
tbe City of Dubuque, Iowa iJ amended by
adopting Secdon 32-314(2), new IOventb
unnumbered paragnoph: Nodoe of such
restrictions, as provided for in Secdon 32-
314, shall be displayed at csch 10L The
owner 0< operato< of any vebicle who shall
rcœive notice eitber penonally or by tbe
attacbing of such nodce to said vehicle if
said vebicle is psrItcd in violadon of this
subsecdon shall, within seventy-two (12)
hours from the time when such notice is
served npon such owner 0< operalar or
attached to said vehicle, pay to tbe city
treasurer as a penalty for such violadon tbe
sum of five dollars ($5.00).
Secdon 14. The Code of Ordinances of
tbe City of Dubuque, Iowa
is amended by repealing Section 32-314(3).
Section 15. The Code of Ordinances of
tbe City of Dubuque, Iowa is amended by
repealing Section 32-314(4).
Section 16. The Code of OnIi...ces of
tbe City of Dubuque, Iowa is amended by
repealing Secdon 32-315 and adopdng new
Secdon 32-315, in lieu tbcrcof as follows:
Sec. 32-315. Metcrs--Dcposit of coins
required at certain times. When parking
spsccs src establisbcd and marked and
paddng meters installed adjsccnt thereto in
municipally owned paddng lots, it shall be
unlawful for any person to be parked within
suob space for tbe dme during wbich tbe
meter iJ showing a signal indicadng tbat
suob spscc is illegally in use. Such meters
shall be placed in operadon by deposit of tbe
appropriate coin tberein between tbe hours of
S:OO a.m. and 5:00 p.m. Monday throngh
Saturday of csch week, except holidays.
Secdon 17. The Code of Ordinances of
tbe City of Dubuque, Iowa is amended by
repealing Section 32-317 and adopdng new
Section 32-317, in lieu tbcrcof as follows:
See. 32-317. Samc--Defscing, tampering. It
shall be unlawful to< any unauthorized
person to open, or for any person to
deface, injure, tamper witb, or wilfu1\ y break,
deslroy, or impair the usefulness of any
209
Regular Session, June 21,1993
poddng meter instll1ed punuanl to this
division.
SccIion 18. TOO Code of 0rdin0nccI of
the City of Dubuque, Iowa Is amended by
repcallna Section 32-331, second
unnumbered paragroph.
SccIion 19. TOO Code of 0rdin0nccI of
the City of Dubuque, Iowa iJ amended by
rcpcaIIng Section 32-331, thin! unnumbered
paragroph, and adopting new Secdon 32-331,
thin! unnumbered paragroph, in lieu thereof
as follows: Parldng Meter DistricL Those
streets in Ibe city upon wbieb parking me-
arc located and parking meter - arc
madœd off. SccIion 20. The Code of
Ordinances of the City of Dubuque, Iowa is
amended by rcpeadng Section 32-331, fifth
unnumbered paragroph.
SccIion 21. TOO Code of Ordinances of
the City of Dubuque, Iowa is amended by
repealing Secdon 32-331, sixtb IU1numbered
parsgrsph.
Secdon 22. The Code of Ordinances of
tbe City of Dubuque, Iowa is amended by
repealing Seclion 32-331, seventh
unnumbered parsgrsph.
SccIion 23. The Code of Ordinances of
tbe City of Dubuque, Iowa is amended by
rcpcaIIng SccIion32-331, cighlb IU1numbered
parsgrsph.
SccIion 24. The Code of Ordinances of
tbe City of Dubuque, Iowa is amended by
rcpcaIIng Section 32-332 and adopting new
SccIion 32-332, in lieu tbcrcof as follows:
See. 32-332. 1nstll1ation autbcrized and
directed; time restricdons. The city manager
is hereby autbcrized and directed to instll1
parking meters in the Parking Meter District
established by tbe city cooncil from dme to
time. The city manageris hereby autborized
and directed to establish and assign specific
dme restricdons for all parking meters and to
direct tbelnstll1adon and assignmenl of dme
restricdons fo< all parking me- within tbe
parking meter distrieL Upon petition to tbe
city manager by any person for meter time
restriction changes, removal of poddng
me- from specific mctcrcd areas, or
instll1ation of additional parking melers
within tbc parking meter distric~ the city
manager 0< the city manager's designee shall
review such requests in terms of cxísting
parking ~ and policies and make
such changes as arc deemed necessary and
authorized by the city manager.
Sccdon 25. The Code of Ordinances of
the City of Dubuque, Iowa Is amended by
rcpcaIIng Sccdon 32-335(c) and adopting
new Secdon 32-335(c), in lieu tbcrcof as
follows: (c) TOO provisions of this
division shall 001 apply on holidays, as
defined in Sec. 32-2.
SccIion 26. The Code of Ordinances of tbe
City of Dubuque, Iowa is amended by
rcpca1Ing Secdon 32-336 and adopting new
SccIion 32-336, in lieu tbcrcof as follows:
See. 32-336. Municipal parking meter
diJlrlcl established. There is hereby
estab\ishcd a municipal parking meter districi
to be corr.,nscd of slrccts and/or pardons
tbcrcof as follows:
EAST-WEST STREETS
First S1rccI, bolb sides, between LocuSI
Street and extending 10 the coonector cast of
Msin StreeL Scccnd Stree~ botb sides,
between Iowa Slrccl and Locust SIrccL
Third SIrcc~ botb sides, between Locust
Streel and Bluff SIrccL Foortb S1rccI, n<rtb
side, between Locust Streel and Bluff SIrccL
Fourth S1rccI, IOUtb side, between Locust
Streeland
Bluff Stree~ montbs of December tbrongh
March only. Foortb SIrcc~ hotb sides, from
Centrnl Avenue to Locusl SIrccL Fiftb
Stree~ nortb side, from Bluff Slrccl to a
point one hundred ninety six (196) feet west
of Bluff SIrccL Fiftb SIrcc~ hotb sides,
between Wbile Slrccl and Bluff SIrccL Sixtb
SIrcc~ botb sides, from Locnsl Slrcct to
Bluff SIrccL Sixtb SIrcc~ botb sides,
between Wbite Street and Central Avenue.
Seventb SIrcc~ botb sides, between Wbite
Slrcct and Iowa SIrccL Sevenlb SIrcc~ botb
sides, between Locusl Streel and Bluff
SIrccL Eightb SIrcc~ botb sides, between
Locust Slrcct and Hill SIrccL Eightb Stree~
hotb sides, between Wbite Slrccl and Central
Avenue. Nintb SIrce~ botb sides, between
Wbite Slrcet and Central Avenue. Nintb
Stree~ n<rtb side, from Iowa Slrcet to Locust
StreeL Nintb SIrce~ soutb side, between
Iowa Slrcct and tbe alley west of Iowa
StreeL Nintb SIrce~ IOUtb side, between
Locust Slrcet and Bluff StreeL Tentb Stree~
nortb side, between Wbite Slrcet and Locust
SIrccL Tentb SIrcc~ soulb side, between
White Slrcet and Centrnl Avenue. Tentb
Stree~ soutb side, between Iowa Slrcct and
Locusl SIrccL Eleventb S1rccI, botb sides,
between Wbite Slrcet and Bluff StreeL
Twelftb SIrce~ botb sides, between Main
Streeland Bluff StreeL Twelftb Stree~ IOOtb
side, between Wbite Streel and Main StreeL
Thirtccnlb SIrcc~ botb sides, between Wbile
Streel.and Locust Street. Fiftccntb Stree~
botb sides, belween White Slrcel and tbe
alley cast of Iowa SIrccL Sixtccntb Stree~
botb sides, between tbe alley...1 of Central
Avenue and the alley west of Central
Avenue. Seventccntb SIrce~ soolb side,
between tbe alley cast of Central A venue and
tbe alley west of Central Avenue.
Eightccntb SIrce~ soutb side, between
Central Avenue and tbe alley cast of Central
Avenue.
~ular Session, June 21,1993
210
NORTH-SOUTH STREETS
Bluff Stree~ botb sides, between Third
SIrcCI and Seventb StreeL Bluff Street, west
side, between Sevcntb Streel and Nintb
SIrcCL Bluff Strcc~ bodt sides, between
Tentb Streel and Twelfth S1rccI, Locusl
SIrcC~ botb sides, between Firsl SIrccI and
LoIu Boulevard. Msin Stree~ hotb sides,
between Firsl SIrccI and Fiftb StreeL Main
Stree~ ...1 side, between Nintb Streel and
Tentb Street. Msin SIrce~ botb sides,
between Tentb Streel and Loras Boulevard.
Central Aven... hotb sides, between Fourth
Streel and Ninetccntb StreeL First to Second
Street conneckJr, casl of Msin Street, casl
side, between Firsl SIrccI and Second StreeL
Iowa Strcc~ botb sides, between Third Street
and Fourth Street. Iowa Street, west side,
between Fiftb SIrccI and Tentb StreeL Iowa
SIrcC~ botb sides, between Tentb SIrccI and
Loras Boulevard. Wbite Stree~ west side,
between Elevendt Street and Tbirtccnth
StreeL Wbite Stree~ wesl side, between EIIt
Fourtccntb Slrcct and EIIt Fiftccntb StreeL
Secdon 27. The Code of Ordinances of
tbe City of Dubuque, Iowa is amended by
repealing Secdon 32-337 and adop~ng new
Secdon 32-337, in lieu thereof as follows:
See. 32-337. Fcc schedule, Subject to tbe
limitadons provided in this division, parkin8
meters, when instll1ed and properly operalcd,
shall show legal parking upon and after
deposil of United Stales coin in accordance
witb the following sebedule: (1) One hOOf
parking meters shall show legal parking for
twenty-five cents ($.25) per hoor, bul not
more !ban a total of sixty (60) minutes 01
anyone dmc. (2) Two hour parking meters
shall show legal parking for twenty-five
cents ($.25) per hoor, but not more tban a
total of one hundred and twenty (120)
minutes al any one dme. (3) Foor hour
parking meters shall show legal parking for
twenty-five cents ($.25) per hour, but not
more tban a total of foor (4) hours al any
one dme. (4) Ten hour parking meters shall
show legal parking fo< fifteen cents ($.15)
per hour, but not more !ban a total of ten
(10) hoors 01 anyone dme. (5) Twenty
minute parking melers shall show legal
parking for Iwenty cents ($.20) for twenty
minutes, but nol more tban a tota1 of twenty I
(20) minutes 01 anyone dme.
Section 2S. The Code of Ordinances of
tbe City of Dubuque, Iowa is amended by
repealing Secdon 32-338 and adopting new
Sccdon 32-338, in lieu tbcrcof as follows:
See. 32-33S. Maximum parking times.
Between tbe hours and on tbe days stated in
Secdon 32-335, no person shall allow a
vebicle to be parked in a parking meter
spscc for a period of time greater !ban tbe
maximum time limit indicstcd for such
meter.
SccIion 29. TOO Code of 0nIinanccs of
tbc City of Dubuque, Iowa iJ amended by
repealing SccIion 32-339(0) and adopting
new Secdon 32-339(0), in lieu thereof as
follows: (a) "RMdenl parking sdckcr"
defined; dil)Ùy lCC uJrcd. A "resident
parking sdckcr" iJ a permit to pad a motor
vehicle upon the slrccts of tbe city in tbe
parking meter diJtricL When a valid parking
sdckcr is displayed upon a vehicle, tbst
vehicle shall be exempt from tbe provisions
of secdons 32-337 and 32-338 in the porIång
meter districL
SccIion 30. TOO Code of 0nIinanccs of
tbe City of Dubuque, Iowa Is amended by
repealing Secdon 32-339(b) and adopting
new Secdon 32-339(b), in I\cu tbcrcof as
follows: (b)Sdckcr Issuance. A residenl
parking sdcker shall only be issued to an
individual who is occupying a housing unit
as tbat person's principal abode. The
honsing unit must be located within tbe
parking meter districL No more !ban one
parking sdcker shall be issued for each
housing unil and shall be issued subject to
tbe following condidons: (I) The place of
residency of tbe applicsnt shall be verified
by the parking system manager. (2)
Stickers shall be illoed at tbe rale of one per
block in tbosc blocks having ten (10) or
fewer parkinS - at tbe rate of two (2)
per block in tbosc blocks containing eleven
(11) or more porIång spsccs.(3) In tbe esse
of multiple applications, the dale of sdckcr
application shall be tbe determinadon factor
and preference shall be given tbat applicsnt
witb the longesl time on tbe resident parking
sdcker waiting IisL
Secdon 31. The Code of Ordinances of
tbe City of Dubuque, Iowa is amended by
repealing Secdon 32-339(c) and adopting
new Secdon 32-339(c), in lieu tbcrcof as
follows: (c) Iuformstion on sdckcr, manner
of display. The resident parking sdcker shall
indicate a control nurnber, the location for
which tbe sdckcr is valid, dte expiradon date
and tbe license number of tbe vcbicle for
wbich it is iJsoed. The block in wbieb tbe
residenl parking sdckcr is valid shall be
determined by tbe porIång system manager
or his!hcr duly autborizcd _scntadve in
acoonIance witb paragraph (b)(2) above.
The residenl parking sdckcr shall be placed
in tbe upper pardon of the rear window on
tbe driver's side of tbe vehicle.
Secdon 32. The Code of Ordinances of
tbe City of Dubuque, Iowa is amended by
rcpesiing Sccdon 32-342(0) and adopting
new Sccdon 32-342(0), in lieu tbcrcof as
follows: (a) Parking meterhoods~lacardsarc
permits to pad vebicles at parking meters
upon the slrccts in any porIång meter district
211
~ul8r S818lon, June 21,1993
0< In a mun1cips1 public parIdD¡ lot. When
a validly lsaucd poddng ..-. hoocIIpI-m
iJ displayed upun a poddng me..., the
penon openIing such vcbiele sbaI1 be
exempt from the pmvisioas of ibis chaplcr
rcquiJIn the dcpcsIting of coins In the
parking ..-. 10 covered.
Sccdon 33. TOO Code of 0Idi....... of
the City of Dubuque, Iowa is amended by
rcpca1Ing Sccdon 32-342(e) and ado Itin¡
new Sccdon 32-342(e), In H.. tbcreof u
follows: (e) No penon &ball pad< a
vcbielc using a parking met« hood/placanl
at such penon's pIaœ of busi...s. An
exccpdon may be authorized by the city
manag'" 0< the city manager's designee for
placards and the rcstrIcdons shall be 10 nOlcd
on the p1acanIs.
Sccdon 34. TOO Code of OIdinanccs of
the City of Dubuque, Iowa iJ amended by
repealing Section 32-342(h) and adopting
new Secdon 32-342(h), In lieu Ibcrcof as
follows: (h) TOO city manager or tbe city
manager's designee is autborized to revoke
tbe parking meter hood/placard of any
penon who violates any condidon under
wbieb tbc hood/placard was IlIoed witbOOI
maldng any reflU1d 0< _don of tbe
prcpsId fee.
Sccdon 35. The Code of OIdinanccs of
the City of Dubuque, Iowa is amended by
adopting the following new Section 32-
342(i): (i) A penon requesdng a placsnl 01
such penon's place of business shall submit
a requeslln writing to tbe city manag'" 0<
the city manager's designee stadng tbe
necessity for tbe placard and spccllic dates
and dmes required. A placanl shall not be
issued fo< m<rc tban seventy-two (72) hoors
per montb.
Sccdon 36. The Code of OIdinanccs of
tbe City of Dubuque, Iowa Is amended by
adopting tbe following new Secdon 32-343:
See. 32-343. Official vebicle stickers. (a)
Official vebicle sticker shall be defined as a
prcpsId psrIdng sdckcr issued to a city,
county sheriff 0< postal vebicle aligned to
tbe parking melor distticL (h)An official
vebic1e sdcker &ball excmpl the person
opcradng such vebicle from the provisions of
this cbaptcr requiring tbe deposidng of coins
in the parking meter of. the mctcrcd stall
where such vebicle is parked. (c) An official
vebic1e sdckcr shall only be nsed In areas
away from tbe principal site of the official
bwõneu. ~)Anofficialvebicles~kcrshall
be valld at only one, two, or four hour
meters. No ten hOOf melor shall be occuptcd
by an official vebic1e unleu tbe operator
pays the met« fee required. (e) TOO city
manager II hereby autbcrized to establish a
fee fo< the iJsuancc of an official vebicle
sticker. Such fee shall bear a reasonable
reladonsbip to tbe income received by tbe
city from the opcradon of the meters in tbc
poddng meter diJtticL (0 A dckcl shall be
lsaucd to the opc:rat<r of an official vebic\e
fo< the improper nsage of an official vebic1e
sdcker. Secdon 37. The Code of
OrdInances of the City of Dubuque, Iowa is
amended by repealing Section 32-367 and
adopting new Section 32-367, in lieu Ibcrcof
as follows: See. 32-367. Findings of fseL
The city council finds tbcrc is a need for
pcrmancnl parking places fo< handicapped
persons in CIder tbat various facilities,
buslncascs, and residences witbin the city
will be IICCCIsible to, and be functional fo<,
handicapped penon" Secdon 38. TOO Code
of OnIInanccs of tbe City of Dubuque, Iowa
iJ amended by adopting Ibe following new
Sccdon 32-367.5: Sec. 32-367.5. Special
poddng p1aocs designated. The city
manager iJ hereby authorized to designate
sueb spccia1 parking pIsces for handicapped
persons as may be ncccllary to carry out tbe
provisions of this division.
Section 39. The Code of OIdinanccs of
tbe City of Dubuque, Iowa is amended by
repealing Secdon 32-368(b) and adopting
new Section 32-368(b), in lieu Ibcrcof as
follows: (b) Angular parking places
designated for handicapped parking shall
have a parking place widtb of allcast eight
(8) feel witb an additional adjaccnl scœss
aisle of a minimum live (5) feet in widtb to
provide for scœss to and from Ibe parking
spscc by handicapped persons who are
con\ined to whcclchnirs or need tbe use of
walkers 0< crutches for mobility. Where
sueb angular parking spsccs are designated
"Van Accessible", tbe widtb of Ibe angular
parking place shall be at ""1 eighl (8) feet
witb an addidonal adjaccnl SCCCIS aisle of a
minimurn eighl (8) feet in width.
Secdon 40. The Code of OIdinanccs of
tbe City of Dubuque, Iowa Is amended by
rcpcaIlng Section 32-370 and adopting new
Sccdon 32-370, in Ii.. tbcrcof u follows:
See. 32-370. Prohibited use of parking
places 0< idendfication devices. TOO use of
a handicapped parking space, located ou
eitbcr pabllc or private property, by a motor
vebicle 001 displaying a spccia1 identilication
device Issued by the Iowa Dcpsrtmcnl of
Trsnsportation, or by a motor vebicle
disp1àying such a device bul nol being used
by a handicapped person, as operstor or
plllCngcr, iJ prohibited and iJ a
miadcmcano< for wbich a fine may be
imposed upon the owner, operstcr or les...
of the motor vcbic1e. The fine for csch
violadon shall be fifty dollars ($50.00).
Secdon 41. The Code of OnIinances of
tbe City of Dubuque, Iowa is amended by
repealing Section 32-373 and adopdng new
Sccdon 32-373, in lieu tbcrcof u follows:
See. 32-373. Business distticL (a) There is
R4Igular Session, June 21, 1993
hereby establiabcd a busincss disllÏcl
pursuanl to Jowa Code Secdon 321L.5(4Xa),
fo< tbe pUI]JC8C of allocadng handicapped
psrIdng spscca within said diJttieL (h) The
said business diJttiCI sball be dc1incd as
municipsl paridng 1011 and the parldng meter
disttici u described in Sccdoas 32-312 and
32-336 rcspccdvc1y.
Sccdon 42. The Code of OnIinanccs of
tbe City of Dubuque, Iowa iJ amended by
repealing Section 32-374(a) and adopting
new Secdon 32-374(a) In Ii.. tbcrcof as
follows: (a) Temporary handleappcd
melor hoods may be leased to ebom:hcs and
nonprofit orgardzations for services 0< events
in the paridng meter diJttict only, when
additional temporary parldng stalls arc
required to accommodate handicapped
penons.
Section 43. The Code of OnIinanccs of
tbe City of Dubuque, . Iowa II amended by I
repealing Secdon 32-374(c) and adopting
new Section 32-374(c), in Heu tbcrcof as
follows: (c) The city manager shall
establish f... for udlizadon of the hoods. A
deposil fee of fifteen dollars ($15.00) per
hood to COVer tbe cost of Ihe hood and lock
shall be paid prior to tbelcssing of tbe hood.
Section 44. The Code of OnIinances of
tbe City of Dubuque, Iowa is amended by
adopting the following new Section 32-375:
See. 32-375. Reserved dmc-designated
handicapped parldng stalls. Pamng places
posted u reserved time-designated
handicapped parldng stalls shall be idendlied
witb a handicapped parking sign hearing tbe
intcrnadonal symbol of SCCCIsibility and Ihe
day and/or boors of the reserved
handicapped parking.
Secdon 45. Tbis ordinance shall take I
effect July 1, 1993.
POlled, approved and adopted this 21st
day of June, 1993.
Joseph T. Robbins
Mayor Pro-Tem
Attest:
Mary A. Davis
CityClcrk
Poblished officially in tbe Telegraph
Herald newspaper Ibis 30th day of June,
1993.
Mary A. Davis CMC
City Clerk
Council Member Voctberg moved tbal
this be considered the firsl rcuding of Ihe
OIdinance, and tbat tbe requircmenl tbat a
proposed Ordinance be considered and voted
on for passage at two Council meetings prior
to the meedng 01 wbieb it is to be finsl1y
adopted be suspended and further moved
final adoptinn of tbe Ordinance. Scccnded
by Council Member Nagle. Csrried by tbe
1t6ßO
212
following vote: Y--Mayo< Pro-Tcrn
Robbins, Council Memhcrs KI-.., Krieg,
Nagle, Nicholson, Voctbcrg. Nays-None.
Abscni-Mayo< Brady.
An Ordinance Amending tbe Code of
OIdinanccs by deleting psrta of N<rtb
Grsndview Avenue from subsccllon (d) of
Section 32-262 tbcrcof providing for the
probibidng of paridng, said firsl rcuding only
given al the meeting of June 7tb, presented
for further action. Cooncil Member
KI...n", moved that this be considered tbe
second reading of tbc Ordinance. Scccnded
by Council Member Krieg. Csrricd by tbe
following vote: Ycas-Mayo< Pro-Tcrn
Robbins, Council Mcmhcrs Kluesner, Krieg,
Voctbcrg. Nays-cooncil Members Nagle,
Niebolson. Abscnt-Mayor Brady.
RESOLUTION NO. 184-92
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCu.. OF TIlE CITY
OF DUBUQUE, IOWA:
That the following having compHed witb
tbe provisions of law reladng to tbe sale of
Cigarettes within tbe City of Dubuque,lowa,
be grsnted a pcnnit 10 sell CigarcUcs and
Cigarette Pspcrs within said City.
Aragon Tap Myra Woodman
1103 Iowa
Bunker IßU Snsek Bar George Stephenson
2200 Bunker 1IiI1 Rd
Busy Bee George Arvunitis
1958 Central
Myra Woodman
1046 Central
Holiday Oil
1401 Central
Holiday Oil
1685 JFK Rd
David Ungs
2987 Jseksoo
Cremer Grocery Co. Ralph Cremer
731 Rhomberg
Crcsl...s Bowling Crcsl...s BowHng 1nc
255 Soutb Main
Cue Master Billiards 14... Rapp
900 Central
Nuh-Finch
3355 JFK Circle
FDL Foods 1nc.
701 EIII 16tb SI
Central Tap Inc.
COIIIII Service Station
COIItaI Service Station
Copper Kettle
Econo Foods N 471
FDL Foods Inc.
Gene's Main S1rcct Tap
EugenclCatherine Beehen
1007 Main SL
James W. GoclZinger
2776 Jsekson
Hartig Drug Co.
703 Town Clock Plaza
Hartig Drug S- Hartig Drug Co.
157 Locust
Goctz's
Hartig Drug S-
213
Regu18r SØ8slon, June 21,1993
HarII¡ Dru¡ Co.
2255 John F. Kennedy
HarII¡ Dru¡ Co.
2225 Cen"" Ave.
lOCO Spccdc Shoppc Iowa Oil Co
2335 Univcraity Ave
lOCO Spcodc Shoppc Iowa Oil Co
3250 Dodge SI
Iowa Oil Co
3200 Central
Iowa Oil Co
1387 Dodge SI
lOCO Spccdc Shoppc lows Oil Co
2150 Twin Valley Dr
lOCO Spccdc Shoppc Iowa Oil Co
1481 Dodge SI
loco Spccdc Shoppc Iowa Oil Co
1998 Jackson St
Kwik Stop Food Mart Rainbow Oil
2320 Highway 61
Kwik Stop Food Mart Rainhow Oil
2360 Central
Kwik Stop Food Mart Rainhow Oil
2255 Kerper Blvd
Rainhow Oil
2297 University
Rainhow Oil
1075 Dodge SI
Sam Chiu
2600 Dodge St
Phillip Love
481 Locust
Pride Service 1nc
280 LocUli
Mardns Automadc Car Wdllide Service Inc
2175 Central
Mc Conn's loco Mc Conn's Service Inc
690 W LocUli
Mike Remakel
2205 Carter Rd
Loren Zihlkc
2311 Windsor
Laura Murphy
55 Locnsl
JFTLtd
250 W Isl
JFTLtd
51 W 32nd
TFMCo
1256 Iowa
B oIIt 14 Convenienl Mart
3301 Pennsylvania
Kristins Chapman
1050 University
lENA Inc
1101 Rhombcrg
Trsns Miss Investment
2010 Kerper Blvd
Targel Stores 1nc
3500 Dodge
LIsa M' Too
3457 Jsekson
Walgrccn Co.
555 JFK Rd.
HarII¡ Dru¡ S....
HarII¡ Dru¡ Sun
lOCO Spccdc Shoppc
lOCO Spccdc Shoppe
loco Spccdc Shoppc
Kwik Stop Food Mart
Kwik Stop Food Mart
Kwik Stop Food Mart
Long Yucn
The Loonge
MardnOil
Mike's 76 Auto Center
Milk House
Murph's Soutb End Tap
Oky Doky *1
Oky Doky *2
Oky Doky If6
Oky Doky *7
Oky Doky *14
Oky Doky *15
Oky Doky 1121
Targel Stores
Tott's Tap
Walgrccns
Warcco System of Iowa
700 Rhombcrg
Lee W. Potter Sr.
408 Wcsl LocUlt
David Hoffman
450 W Locust St
LeroyMil1er
2616 Windsor Ave.
G oIIt J's Inc.
2401 Windsor Ave.
GilmO 1ne.
3200 Jsekson SL
A It B Tap KIm B..slrup
My-Cap 2600 Central
American Legion Dubuque POSI 6
My-Cap 1305 Dclbi
Billy Bucks E. SL Tap Billy Buck's 1nc
My-Cap 521 EII122nd St
Clssion Hold Blue Moon Deve1opmcnl
My-Cap 450 Main SI
Dcany's Lux Club Beverly Larson
My-Cap 3050 Asbury
Dog Hoose Lounge Robert Lcytcm
My-Cap 1646 Asbury
Dottie's Csfe Dorotby Thomas
My- Cap 504 Cen"" Ave
Dubuque Mining Co Apartments Unlimited
My-Cap Kennedy MsI1
Fal Tuesday's Perron EnL
My-Cap 1121 University
Finale Leunge T oIIt T Welsh Inc
My-Cap \701 Central
Fraternal OnIcr Eagles *568
My-Cap Century Drive
The Grand Tap James Kohl
My-Cap 802 Central
Ground Round Ground RolU1d
My-Cap 50 JFK Rd
Hcardand Inn Joe Minard
My-Cap 4025 Dodge St
Idle Hour Jcannene Kersch
My-Cap 1555 Central Ave
Jimmy B's James Bauer
My-Cap 431 Rhomberg
King of Clubs Sheryl Ann Sbircman
My-Cap 1902 Central Ave
Midway Motor Lodge WCB Hotels 1nc
My-Cap 3100 Dodge
Mike"s Ton Pin Tap Mike Weber
My-Cap 601 Rhombcq
Myers-Cox Co Myers-Cox Co
My-Cap 175 W. 3200 St
Noonan's Tap John Noonan
My-Cap 1618 Central Ave
Pad<: Square Tavern Debra George
My-Cap 600 Con"" Ave
p J's Peggy Schaller
My-Cap 500 Rhomberg
River City Tap oIIt Grill David Lyons
My-Cap 1406 Pine St
Sehroby's Jodi Blewett
My-Cap 1445 Cen"" Ave
Town Clock Inn Stephanie Nelson
My-Cap Town Clock PIsza
W- 662
Wcsl Locust Mart
The Wbite House
Wbitey's Bar-X
WiOOIO< Tap
Ye Old BrW1swick
R~u18r Session, June 21,1993
WbceI House WbceI House Inc
My-Cap 1630 E. 16tb
Whis1œy River Chad Streff
My-Cap 1064 University Ave
POlled, appoved and acIoped dùs 21st
dayofJunc, 1993.
Attest
Mary A. Davis
City C1crk
Joseph T. RobIW
Mayo< Pro-Tem
Council Member Nagle moved adopdon
of tbe Resolution. Seconded by Council
Member Nicbolson. Csrried by !be
fo\1owing vote: Y~yo< Pro-Tcm
Rabbi... Council Members Kluesner, Krieg,
Nagle, Nicholson, Voclbcrg. Nays--None.
Abacnl-MayOir Brady.
JtE<¡OLUTlON NO. 1&5-'3
Wbcrcas, applications for B- Pcnnits
have been submitted and filed to this Council
for approval and tbe same have been
examined and approved; and
Wbcrcas, tbe premises to be occupied by
sueb applicants were inspected and foond to
comply witb the Ordinances of this City and
have fi1cd proper bundL
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNcn. OF THE CITY
OF DUBUQUE, IOWA:
Thst tbe Manager be autborizcd to cause
to be issued tbe following named applicsnts
a Beer PcrmiL
CLASS "BE" BEER PERMIT.
Hy-V.. Food Stores, Inc.
Hy-Vee Food Store
Sunday Sales 3500 Dodge Sbccl
CLASS "C" BEER PERMIT
Jena Inc. Oky Doky *15
Sunday Sales 1101 Rhomhcrg Ave.
POlled, approved andadoptcd this 21s1
day of June, 1993.
Joseph T. Robbins
Mayor Pro-Tem
Attest:
Mary A. Davis
CityClcrlt
Council Member Nagle moved adopdon
of tbe Resoludon. Scounded by Council
Member Nicho1son. Csrricd by tbe
following vote: Y--Mayo< Pro-Tem
Robl>i... Council Members Kluesner, Krieg,
Nagle, NichollCÌl, Voelbcrg. Nays-None.
Abacnl-Mayor Brady.
RESoLUTION NO. 1"-'3
Wbcrcas, applicsdons for LIquor Ucenses
bave been submitted 10 this Council for
approvsl and tbe same bave been examined
and approved; and
214
Wbcrcas, the prcnœ, to be occupied by
such appIicsnla were inspcclod and foond to
comp1y witb the S.... Law and all City
o..u- mIevanl thereto and they have
filed proper bonds.
NOW, TIIBREFoRE,BEITRESOLVED
BY THE CITY COUNcn. OP THE CITY
OF DUBUQUE, IOWA:
That the Manager be autbesizcd to CIDIC
to be wued the following named appicsnts
a Uquor Ucensc.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Americsn Legion PosII/6
American PosIIf6
Sunday Sales
Micbael John SaWVC\\
Carolyn K. Fonck
1306 Delbi
Butter's Bar
1700 Central Ave
Cbannellnn
2010 Kerper Blvd.
Creal...s Bowling 1nc Crealanes Bowling
Sunday Sales 255 S. Main
James R. Ferrlng Dubuque Bowling Lanes
Sunday Sales 1029 112 Main SI
Eugene Bccben Gene's Main St Tap
1007 Main SI
Pauls Tavem
176 Locust
P. J.'S
500 Rhomberg Ave
Ye Old BrW1Swick
Thomas 14 Kocb
Sunday Sales
Peggy A Scballer
Sunday Sales
GilmO'S Inc.
3200 Jackson
Passed, approved and adopted this
21st day of June, 1993.
Joseph T. Robbins
Mayor Pro-Tem
Attest:
Mary A. Davis
CityClcrlt
Council Member Nagle moved adopdon
of tbe Rcso1udon. Seconded by Council
Member Nicholson. Csrried by the
following vote: Yeas-Mayor Pro-Tem
Robbins, Council Members Kluesner, Krieg,
Nagle, Nicholson, Voelbcrg. Nays-None.
Abacnt-Mayor Brady.
Communicsdon of Zoning Commission
advising of tbcir approval to rezone and
revise tbe amended Conceptua1 Development
Plan as requested by Mercy Hca1tb Center
and Medical Associates, presented and æad.
Council Member Kluesner moved tbat the
communication be received and filed.
Scounded by Council Member Nagle.
Carried by Ihe following Vole:
Yeas-Mayor Pro-Tem Robbins, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Voelberg. Nayo-None. Absent-Mayor
Brady.
An Ordinance Amending Code of
Ordinances by reclassifying properties
Regular Se88lon, June 21,1993
located at 250 MClCY Drive, 1000 property at 2235 Central Ave. from R-2A to
Langw<rtby and adjoining Jll"l'Crdes from C-4 Distric~ presented and read. Council
R-2 Two-Family Residential District to ID Member Voclberg moved that tbc
Insdtutiona1 Distriel and to approve an communication be received and filed.
amended ConccptuaI Developmenl Plan fo< Seconded by Council Member Nagle.
the Mercy Hcaltb Center and Medica1 Carried by the following vole:
Associates Clinic ID Institutional Distric~ Y--Mayor Pro-Tem Robbins, Council
prcscnled and read. Cooncil Member Members Kluesner, Krieg, Nagle, Nicholson,
KI...ner moved tbsl this be considcrcd the Voctbcq . Nayo-None. Absenl-Mayor
fust reading of the OnIinance, and that the Brady.
reqnircmenl that a proposed Ordinance be
considered and voted on for passage at two An OnIinance Amending Zoning 0nIi-
Council meedngs prior to tbc meeting at nancc by reclassifying property located at
wbich il is to be finally adopted be 2235 Central Avenue from R-2A Alternate
suspended and further moved that a Poblic Two-Family Residential Districi to C-4
Hearing be held on the OnIinancc at the Downtown Conuncrcial District, presented
Council Meeting of July 6, 1993 at 7:30 p.m. and read. Council Member Voctbcrg moved
in tbc Poblic Ubrary Auditorium and that tbe that this be considered tbe first reading of
City CIcrlt publish nodce in the manner tbe Ordinance, and that tbe reqnircment tbat
prescribed by law. Seconded by Council a proposed OnIinance be considered and
Member Nagle. Csrried by the following voted on for pillage at two Council
vote: Y--Mayo< Pro-Tem Robbins, mccdngs prior to tbe mccdng at wbich it is
Council Members Kluesner, Krieg, Nagle, to be finally adopted be suspended and -
Nicholson, Voctbcrg. Nays-None. further moved tbat a Public Hcadng be bold
Absent-Mayor Brady. on tbe Ordinance at tbe Council Meeting of
July 6, 1993 at 7:30 p.m. in the Public
Communicsdon of Zoning Commission Library Auditorium and tbat tbe City Clerk
advising of their approval to amend publish notice in Ibe manner prescribed by
Conceptual Developmenl Plan for Emmaus law. Seconded by Council Member Nagle.
Bible Cd1ege, presented and read. Council Carried by the following vole:
Member Voclberg moved tbal tbe Yeas-Mayor Pro-Tem Robbins, Council
communication be received and filed. Members Kluesner, Krieg, Nagle, Nicholson,
Seconded by Council Member Nagle. Voctberg. Nays-None. Absenl-Mayor
Carried by the following vote: Brady.
Y cas--Mayor Pro- Tem Robbins, Council
Members Kluesner, Krieg, Nagle, Nicholson, Communicsdon of Zoning Commission
Voctbcq . Nays-None. Absent-Mayor advising of tbeir denial to reclassify property
Brady. located at 1598 McPoland Strcel fromR-1 to
C-1 District and communication of Artbur
Winldebaus, requesting Council to consider
rezoning of this property, presented and read.
Council Member Klnesner moved tbat tbe
communications be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vole:
Yeas-Mayor Pro-Tem Robbins, Council
Members Kluesner, Krieg, Nagle, Nicholson.
Nays-Council Member V""tberg.
Absenl-Mayor Brady.
An Ordinance Amending Zoning
Ordinance by reclassifying property located
011598 McPolsnd Avenue fromR-1 Single-
Family Residential District to C-1
Neighborhood Commercial DisiriCI,
presented and æad. Council Member
Voclberg moved tbat Ibey concur witb
Zoning Commission's denial. Scccnded by
Council Member NichoisolL Vote on tbe
motion was as fd1ows: Yeas-Council
Member Voctbcq . Nays-Mayor Pro-Tem
Robbins, Council Members Kluesner, Krieg,
Nagle, NichoisolL Abscnl-Mayor Brady.
Motion filled.
215
An Ordinance Amending Zoning
OnIinance by approving a Conceptual
Development Plan for tbe ID 1nsdtutional
District for Emmaus Bible College, presented
and read. ColU1ci1 Member Voctbcq moved
tbal this be considered tbe firsl reading of
the OnIinance, and tbat tbe reqnircmenllhat
a proposed OnIinance be considered and
voted on fo< pillage at ~o Council
mccdngs prior to tbe meeting al wbich il is
to be finally adopted be snspended and -
further moved tbat a Poblic Hcadng be bold
on tbe OnIinance al tbe Council Mccdng of
July 6, 1993 at 7:30 p.m. in tbe Poblic
Library Auditorium and tbat tbe City Clerk
publish notice in the manner prescribed by
law. Seconded by Council Member Nagle.
Carried by Ihe following vote:
Yeas-Mayor Pro-Tem Robbins, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Voclberg. Nays-None. Absenl-Mayor
Brady.
Communicsdon of Zoning Commission
advising of tbcir approval to reclassify
Regular Se88lon, June 21,1993
216
Council Member Kluesner moved that this
be considered the first reading and tbsl il be
101 fo< Poblic Hcssin¡ on July 19, 1993 at
7:30 p.m. in the Poblic Library Auditorium
and tbat tbe City Clerk pablish notice in the
manner prescribed by law. Seconded by
Council Member Nicholson. Csrried by tbe
following vote: Ycas--Mayo< Pro-Tem
Robbins, Council Members Klucancr, Krieg,
Nagle, Nicholson. NayS-Council Member
Voctbcq . Absenl-Mayor Brady.
MINUTES SUBMITTED -- AiIport
Commission of 3-16, 3-31, 4-19, 5-3;
Community Development Commission of 5-
13: Housing Commission of 6-8; Human
Rights Commission of 5-10; Long Range
Planning Commission of 5-12; Plumbing
BoanI of 5-15; Zoning Commission of 6-2;
Zoning Board of Adjustmcnl of 5-17,
presented and read. Cooncil Member
Voctberg moved tbat tbe minutes be received
and filed. Seconded by Cooncil Member
Nagle. Csrried by Ihe following vote:
Y--Mayor Pro-Tem Robbins, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Voctbcq . Nays-None. Absent-Mayor
Brady.
Printed Cooncil Proceedings for monilia
of July, Angus~ September and October,
1992, presented fo< approval. Council
Member Voctbcq moved tbsl tbe council
precccdings be approved as printed.
Scccnded by Council Member Nagle.
Carried by Ihe following vote:
Y cas-Mayor Pro- Tem Robbins, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Voctberg. Nays-None. Absent-Mayor
Brady.
NOTICES OF CLA1MS/SUITS -- Mary
Burke in amount of $610.18 for car
damages; Jeffrey A. Gruber in amount of
$747.87 for vehicle dsmages; Mary A. and
Vere L. Hagemen vs. Timothy R. Scbuster
and City of Dubuque in unknown amount for
vehicle damage;s Sister Rits Clare McDonald
in amolU1t of $157.00 fer penonal injuries,
presented and read. Cooncil Member
Voctbcq moved tbsl tbe claims and suits be
referred to Legal Staff for invesdgation and
reperL Seconded by Council Member
Nagle. Csrried by tbe following vote:
Y--Mayor Pro-Tem Robbins, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Voctbcq . Nays-None. Absent-Mayor
Brady.
Communicsdons of Corporation Counsel
advising tbe following claims bave been
referred to Crawford & Company, tbe agent
for tbe Iowa Communides Assurance Pool:
Personal injury by Central Ststes SE and SW
Areas, Hca1tb & Welfare Fund fo< Daniel J.
BunIs; Pcrsona1 injury of Pamela Gagne; Car
damage of bving C. Hubbard; Personal
injury of Patricia A. Huekels; Tow Charges
of Iowa Oil Company; Pcnonal injury of
Janel LoBianco; 1ìrc damage of Mindi
McDermott; Car damage of Randy Pos~
Personal injury ofFl<rcnce Rinikcr; PcrsonaI
injury of Diane TeKippc; Sewer hsckup of
Dale W. Vcacb; 'Iìoc damage of Richard
Vng~ presented and read. Cooncil Member
Voctbcq moved that the communicsdons be
received and filed. Seconded by Council
Member Nagle. Csrried by the following
vote: Y--Mayo< Pro-Tem Robbins,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Voctbcrg. Nays-None.
Abscnt-Mayor Brady.
Communicadon of Cily Manager
recommending scccptance of property
located at 851 Kaufmann Ave., presented
and read Couocil Member Voctberg moved
tbat tbe communicsdon be received and
filed. Scccnded by Council Member Nagle.
Carried by the following vote:
Y--Mayor Pro-Tem Robbins, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Voctberg. Nayo-None. Absent-Mayor
Brady.
RESOLUTION NO. 187-93
RESOLUTION ACCEPTJNG A
CONVEYANCE OF PROPER1Y
LOCA1ED AT 851 KAUFMANN
AVENUE, DUBUQUE, JOWA, TO
TIlE CITY OF DUBUQUE,IOWA.
Wbe...., tbe City of Dubuque bas agreed
to purchase the following legally described
real property:
Lot 2 of Lot 1 of Lot SO, Lol2 of Lot 1
ofLol2 ofLol50, Lot 1 of Lot I of Lot
1 ofLol51, and Lot 2 of Lot 2 of Lot I
of Lot 51, all in "Burton's Addition in
Langw<rtby's Hollow" (sometimes called
"Burton's Addition"); Lol 2 of Mincrsi
Lot 343; Lot 2 of Lot I of Lol 2 of
Mineral Lol 344; and Lot 2 of Lot 1 of
"Fitzgcrsid Place"; all in tbe City of
Dubuque, Dubuque COlU1ty, Iowa,
sccording to tbe rcconIcd plats Ihereof,
subject to casements of rcconI,
from Russell and Dawn Vandennculen; and
Wbe...., tbe Seller has delivered a
Wsrranty Deed to the City of Dubuque,
Iowa, grsndng to tbe City of Dubuque all
rights, dde and interests in said property, a
copy of wbich Wsrranty Deed is attacbed
hereto.
Regular Session, June 21, 1993
rcccIved and filed. Seconded by Council
14- Nagle. Csrried by the following
vote: Y--Mayo< Pro-Tem Robbins,
Council Members Kluesner, Krieg, Nagle,
Nichelson, Voctherg. Nays-None.
Abocnl-Mayor Brady.
Commumcadon of CilY Manager
rcoommcnding approval of Pnrcbasc of
Service Agrccmcnl witb Operation: New
View in tbe amount of $12,150 and
requesting Mayor be autborized to execuœ,
presented and read. Council Member
VoetbeJ¡ moved tbst the communicadon be
received and filed and approved AgrccmenL
Scccnded by Council Member Nagle.
Carried by Ihe following vole:
Ycas-Mayor Pro-Tem Robbins, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Voctbcq . Nays-None. Absenl-Mayor
Brady. è
Communicadon of City Manager
recommending approvs! of Purchase of
Service Agreemenl witb Dubuque Arcs
Laber Managcmenl Council in tbe amounl of
$13,334.00 and requcsdng Mayor be
autborized to execute, presented and read.
ColU1ci1 Member Voctberg moved tbal tbe
communication be received and filed and
execudon approved. Seconded by Council
Member Nagle. Csrried by the following
vote: Y--Mayor Pro-Tem Robbins,
Council Memhcrs Kluesner, Krieg, Nagle,
Nieholson, Voclbcrg. Nays-None.
Absent-Mayor Brady.
Communication of Cily Manager
submitting Pnrchase of Service Agreement
between tbe City and Dubuque Humane
Society, presented and read. Council
Member Voclbcq moved Ibal tbe
communication be received and filed.
Seconded by Council Member Nagle.
Carried by the following vote:
Yeas-Mayor Pro-Tem Robbins, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Voclberg. Nays-None. Absen..-Mayor
Brady.
RFSOLUTION NO. 188-93
APPROVING A PURCHASE OF
S£RVICES AGREEMENT
BETWEEN THE CITY OF
DUBUQUE AND THE DUBUQUE
HUMANE SOCIETY AND
AUTHORIZING AND DIRECTING
THE MAYOR TO EXECUTE SAID
AGREEMENT ON BEHALF OF
THE CITY OF DUBUQUE, IOWA.
Wbcrcas, the City of Duboque docs not
nperate its own shelter for dogs, cats and
otber animals wbich may be taken up or
217
NOW, 1'IIEREroRE, BE rr RESOLVED
BY THE CITY COUNCIL 01' THE crrv
OF DUBUQUE, IOWA:
Section 1. TOO City Council of the City
of Dubuque, Iowa, hereby oppoves of,
aoccpI8 and oonscnta to the Warranty Deed
from Rusaell and Dawn Vandcrmou1cn
.-bed _to.
Section 2. The City Clerk is hereby
authorized and dIrcctcd to cause said
Warranty Deed to be rccœ1cd in the office
of the Dubuque County ReconIcr, togetbcr
witb a certified copy of this ResoIUliOlL
Section 3. The City CIcrlt iJ hereby
directed 10 forwsrd a copy of this Resolution
to the Dubuque County Asscs- and the
Dubuque County Audit«.
Passed, approved and adop4ed this 2\s1
day of June, 1993.
Joseph T. Robbins
Mayor Pro- Tem
Attesl:
Mary A. Davis
City Clerk
Council Member Voctbcq moved
adopdon of the Resoludon. Seconded by
Council Member Nagle. Csrried by tbe
following vote: Yeas-Mayo< Pro-Tem
Robbins, Council Members Kluesner, Krieg,
Nagle, Nicholson, Voctberg. Nays-None.
Absent-Mayor Brady.
REFUNDS REQUESTED: Delmer
O'Hca, $18.75 on unexpired Class "C" Beer
Pcrmi~ presented and æad. Council Member
Voctbcq moved that tbe reflU1ds be
approved with Finance Director 10 issue
proper ebeck. Seconded by Council Member
Nagle. Csrried by the following vote:
Yeas-Mayor Pro- Tem Robbins, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Voctbcq . Nays-None. Absenl-Mayor
Brady.
Proofs of Poblicadon ccrdfied to by tbe
Poblishcr on Ust of Claims paid to< montb
of April, 1993; Nndce of Availability Fins!
Statement of Community Development
Objecdves and Projccl Use of Funds 19tb
Program Year (7-1-93 106-30-94), presented
and read. ColU1ci1 Member Voctbcrg moved
that tbc proofs be received and filed.
Seconded by Council Member Nagle.
Carried by Ihe following vole:
Yeas-Mayor Pro-Tem Robbins, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Voctbcq . Nays-None.. Abscrtt-Mayor
Brady.
Cornmunicadon of Finance Director
submitting Financial Reports for May, 1993,
presented and read. Council Member
Voctbcq moved tbsl the comnnmicadon be
!leøular Session, June 21,1993
218
rcccIved »U1'8Uan1 to Ardele ß of chapter 7
of tbc Code of Ordinances of the City; and
Wbcrcu, the Dubuque Humane Society iJ
an incoq>oratcd society to< the _endon of
cruelty of anima1s and docs maintain a
shelter fo< the custody of 1..~ sbayed 0<
homel... doss, cats, 0< otbcr anima1s and fo<
tbe dispooidon IIIId.« dcstrucdon of such
animals not redeemed and/or diJcascd; and
Wbcrcu, it iJ deemed to be in the bcsl
in_I of the City of Dubuque to enter into
an agrccmcnl witb tbe Dubuque Humane
Society to provide animal shelter services for
tbe City.
NOW, THEREFoRE, BE rr RE8OL YEn
BY THE CITY COUNCIL OF THE crrv
OF DUBUQUE, IOWA:
Scedon 1. Thai tbe attached Pnrcbasc of
Services Agreement by and between the City
of Dubuque, Jowa and Dubuque Humane
Society be and tbe same is bcrcby approved. I
Section 2. That the Mayor be and be is
hereby autborized and directed to execute
said Agrccmenl for an on behalf of tbe City
of Dubuque, Iowa.
POlled, approved and adopted this 21st
day of June, 1993.
Attest:
Mary A. Davis
CityClcrlt
Joseph T. Robbins
Mayor Pro-Tem
ColU1ci1 Member Voctberg moved
adopdon of the Resolution. Scccnded by
Council Member Nagle. Csrried by tbe
following vote: Yeas-Mayo< Pro-Tem
Robbins, Council Members Kluesner, Krieg,
Nagle, Nicholson, Voctberg. Nays-None.
Abacnt-Mayor Brady.
Communicadon of City Manager
recommending approvs! of Purchase of
Service Agreement witb Helping Service for
NE 1A.,lnc. in the 8mOOni of $1,620.00 and
requesting tbe Mayo< be autborized to
execute, presented and read. Council
Member VOClbcrg moved tbal tbe
communicadon be received and filed and
approved. Seconded by ColU1ci1 Member
Nagle. Csrried by the following vote:
Y--Mayor Pro-Tem Robbins, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Voctberg. Nayo-None. Absent-Mayor
Brady.
Communicadon of City Manager
requesting authorizadon to publish Rcquesl
for Rei.... of Funds fo< certain Community
Developmcnl Block Grsnl Funds, presented
and read. ColU1ci1 Member Voctbcrg moved
tbst tbe communicadon be received and
filed. Scccnded by Council Member Nagle.
Carried by Ihe following vote:
Ycas-Mayor Pro-Tem RobIUs, Council
Members KlUClncr, Kriog, Nagle, Nicholaon,
VoetbeJ¡. Nayo-None. Absenl-Mayor
Brady.
RESOLUTION No. 119.93
RESOLUTION AUTHORIZING
SUBMISSION OF A IlEQUEST
FOR RELEASE OF FUNDS FOR
CERTAIN COMMUNITY
DEVELOPMENT BLOCK GRANT
PROJECTS
Wbcrcu, the City of Dubuque convened
an ad hoo cornnå- on May 18, 1993,
which completed an environmental
assessment of tbe following pojects to be
funded in tbe Community Development
Blook Grsnl:
Four Mounds Foundation Road
Improvements
Hillcrcsl Family Services C1asaroom
Construction; and
Wbercas, pursuant to RelO1ution No. 177-
93, adopted JlU1e 7, 1993, public nodce of a
"Finding of No SignifiClRt Effecl on tbe
Environment" fo< the above projects was
published June 10, 1993, in tbe Dubuque
Te1e.....h Herald and provided for a public
COmment pcrlod unill 12:00 noon, Friday,
May 21, 1993; and
Wbcrcu, public nndce of a "Finding of
No SignifiCIRI Effecl on tbe Environmenl"
for tbe projects was sent by regular mail to
various federal, ltaœ and local public
agencies and. to tbe local news media,
individuals and groups known to be
interested and believed to be appropriate to
receive sueb a public nodce; and
Wbercas, any and all objections, if any, to
sueb proposals bave been duly considered;
and
Wbercas, il is tbe inœnl of tbe City
Council to autborizc the submission of a
rcqueSI to tbe U.S. I>cpsrorncnl of HOusing
and Urban Developmcnl for tbe reI.... of
funds to carry oul Ihe above identified
Jll'!Íects.
NOW, THEREFoRE, BE IT RESOLVED
BY THE CITY COUNCn, OF THE CITY
OF DUBUQUE, IOWA:
Secdon 1. That the environmental review
rcconI for each of tbe projects shall continuè
to remain on file in the Office of the City
Clerk wbcrc said rcconI may be examined
and copied by any interested party.
Scedon 2. That the Mayor of tbe City of
Dubuque iJ hereby autborized and directed
to submit to the U.S. Dcpanmcnt of Housing
and Urban Development seven (7) days after
publication of appropriate notice a Rcquesl
for ReI.... of FlUIds to IU1dcrtakc tbe said
Jll'!Íects.
219
Regular Session, June 21,1993
MAYOR TO
AGREEMENT.
SIGN THE
Scedon 3. That the Mayo< of the City of
Dubuque iJ bcrcby autbcsizcd 10 _I to
UlIUIIC the staIu8 of a æaponsiNe fcdaa1
official under the National Enviroomcntal
_don Ac~ insofar as the povisions of
the said Acl apply to Ibe U.S. Dcpsrtmcnlof
Housing and Urban Dcvelopmcnl responsi-
bilities for review, decision making, and
acdon assurned and csrried 001 by the City
of Dubuque as to environmental issues.
Scedon 4. That the Mayo< of the City of
Dubuque iJ bcrcby autborizcd to COßICßt
personally, in bis official cspscity and on
behalf of the City of Dubuque, to acocpl the
juriad1C1ion of the federal courts if an acdon
iJ broughl to enfm:c responsibilities in
relation to environmental review, decision
making, and aClÌon.
Scedon 5. That tbe Mayor of the City of
Dubuque be and he is hereby autborizcd and
directed to execute a ocrdfication pertaining
to !be environmental review procedures.
Secdon 6. That the City Clerk be and she
is bcrcby authorized and dilected to pablish
a pablic norice for a Request for Rei.... of
Funds and Ccrdficadon attacbcd bereto and
made a pari hereof.
Passed, approved and adopted this 21st
day of June, 1993.
Wbereas, tbe Sixty-Fiftb General
Assembly adopted tbe Pobllc Employment
~ons A~ Cbapter 20, Code of 10'1'5
W_, tbe City of Dubuque is a public
employer within tbe meaning of Secdon 3
(I) of tbe Poblic Employmenl Reladons Ac~
and
Wbcrcas, tbe General Drivers and Helpers
Union, Loca1 *421, is an employee
coganization within tbe meaning of Section
3 (4) of Ibe Poblic Emp1oyrnenl Reladons
Ac~ and
Wbcrcas, tbe General Drivers and Helpers
Union, Loca1 11421, submitted a request to
bargain coIIecdvely on behalf of tbe
employees within its --sentadon; and
Wbercas, bargaining between tbe parde.
has occurred and an agreemenl has been
concluded.
NOW, THEREFORE, BE IT RESOL YED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Scedon 1. Tbal tbe tentll of tbe
agreement be approved and the Mayor
autborized and directed to sign tbe collective
bargaining agreemenL
Passed, approved and adopted this 21st
day of June, 1993.
Joseph T. Robbins
Mayor Pro- Tem
Attesl:
Mary A. Davis
CityClcrlt
Joseph T. Robbins
Mayor Pro-Tem
Attest:
Mary A. Dsvis
City Clerk
COWIciI Member Voctberg moved
adopdon of tbe RelOludon. Seconded by
Council Member Nagle. Csrricd by tbe
following vote: Yeas--Mayo< Pro-Tem
Robbins, Council Members Kluesner, Krieg,
Nagle, Nicholson, Voctbcq . Nayo-None.
Abscnl-Mayor Brady.
Council Member Voclbcq moved
adoption of the Resolution. Scccnded by
ColU1ci1 Member Nagle. Csrried by tbe
following vote: Yeas--Msyo< Pro-Tem
Robbins, Council Members Kluesner, Krieg,
Nagle, Nicholson, Voctherg. Nayo-None.
Absenl-Mayor Brady.
Communication of Cily Manager
requesting approval of agreements between
City and vorloos union and approval of
Wage Plan for non-bargaining unit
employees, presented and read. Council
Member Voclbcq moved tbal tbe
communicsdon be received and filed.
Seconded by Council Member Nagle.
Carried by Ihe following vole:
Y--Mayor Pro-Tem Robbins, Council
Members Kluesner, Krieg, Nagle, Nichol....,
Voctbcq . Nayo-Nonc. Absent-Mayor
Brady.
RESOLUTION NO. 191-93
APPROVING TIlE AGREEMENT
BETWEEN THE CITY OF
DUBUQUE, IOWA AND THE
AMALGAMATED TRANSIT
UNION. LOCAL 1329, AND
AUTHORIZING TIlE MAYOR TO
SIGN TIlE AGREEMENT
Whereas, tbe Sixty-Fifth General
Assembly adopted tbe Poblic Emp1oymenl
Reladons Ac~ Chsptcr 20, Code of Iowa;
and
Wbcrcas, tbe City of Dubuque is a public
employer within tbe meaning of Secdon 3
(1) oftbe Public Employment Reladons Ac~
and
RFSOLUTION NO. 190-93
APPROVING TIlE AGREEMENT
BETWEEN THE CITY OF
DUBUQUE, IOWA, AND THE
GENERAL DRIVERS AND
HELPERS UNION, LOCAL 11421,
AND AUTHORIZING THE
Regular Session, June 21,1993
220
Whereas, the Ama1gamslcd Trsnsil Union,
Loca1 *329, iJ an employee cr¡anizadon
within the meaning of Secden 3 (4) of the
Pohlic EmpIoymenl Relations Ac~ and
Whereas the Amalgamated Traruil Union,
Loca1 *329, submitted a requesl to bargain
co1Iccdvely en behalf of !be employees
within its rcprcsentadon; and
W_, bargaining between tbe pardes
has occurred and an agreement has been
concluded.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Scedon 1. That tbe terms of tbe
agreemenl be approved and the Mayor
autborizcd and directed to sign !be collective
bargaining agrccmenL
Passed, approved and adopted this 21st
day of June, 1993.
Joseph T. Robbins
Mayor Pro- Tem
Attest:
Mary A. Davis
City Clerk
Council Member Voctbcq moved
adopdon of the Resoludon. Scccnded by
ColU1ci1 Member Nagle. Csrried by tbe
following vote: Yeas-Mayo< Pro- Tem
Robbins, Council Members Kluesner, Krieg,
Nagle, Nichol...., Voctherg. Nays-None.
Absent-Mayor Brady.
RFSOLUTION NO.I92.93
APPROVJNG TIlE AGREEMENT
BETWEEN THE CITY OF
DUBUQUE, IOWA AND THE
DUBUQUE POLICE PROTECflVE
ASSOCIATION, AND
AUTHORIZING THE MAYOR TO
SIGN TIlE AGREEMENT
Whereas, tbe Sixty-Fifth General
Assembly adopted tbe Poblic Employmenl
Relations Ac~ Chspter 20, Code of Iowa:
and
Wbcrcas, tbe Cily of Dubuque is a public
employer within tbe meaning of Secdon 3
(I) of tbe Poblic Employment Relations Ac~
and
Whereas, tbe Dubuque Police Protccdve
As&ociadon, is an employee cr¡anizadon
within tbe meaning of Secdon 3 (4) of tbe
Poblic EmpIoyrnenl Relations Ac~ and
Wbcrcas, tbe Dubuque Police -tive
As&ociadon, submitted a request to bargsin
collecdve1y on behalf of tbe employees
within its rcprcsentadon; and
Wbercas, bargaining between tbe pardes
has occurred and an agreemenl has been
concluded.
NOW, THEREFoRE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE. IOWA:
Scedon 1. That the terms of tbe
agrccmenl be approved and the Mayor
authorize and directed to sign the collective
bargaining agrccmenL
Passed, approved and adopted this 21st
day of June, 1993.
Joseph T. Robbins
Mayor Pro-Tem
Attest
Mary A. Davis
CityClcrlt
Council Member Voctberg moved
adoption of the Resoludon. Seconded by
Council Member Nagle. Csrricd by tbe
following vote: Y--Mayor Pro- Tem
Robbins, Coonci\ Members Kluesner, Krieg,
Nagle, Nicholson, Voctbcrg. Nays-None.
Absenl-Mayor Brady.
RESOLUTJON NO.193-93
APPROVING THE AGREEMENT
BETWEEN THE CITY OF
DUBUQUE, IOWA, AND THE
DUBUQUE PROFESSIONAL
FIREFlGHTERS ASSOCJATJON,
LOCAL 1353 AND AUTHORJZING
THE MAYOR TO SIGN THE
AGREEMENT
Whereas, tbe Suny-Fifth General
Assembly adopted the Public Employment
Reladons Ac~ Chapter 20, Code of Iowa;
and
Wbercas, tbe City of Dubuque is a puNic
employer within tbe meaning of Section 3
(I) of tbe Poblic Employment Reladons Ac~
and
Wbcrcas, tbe Dubuque Professional
Firefighters Associadon. Local *353. is an
employee orgsnization within tbe meaning of
Secdon 3 (4) of tbe Public Employment
Relations Ac~ and
Wbcrcas, tbe Dubuque Professional
Firefighters Associadon, Loca1 *353,
submitted a request to bsrgsin collecdvely on
behalf of tbe employees within its
_sentation; and
Wbcrcas, bargaining between tbe pardes
has occurred and an agreement has been
concluded.
NOW, THEREFORE, BE IT RESOL YED
BY THE CITY COUNCIL OF THE CITY
OFDUBUQUE,10WA:
Scedon 1. That tbe terms of the
agreemenl be approved and tbe Mayor
autborizcd and directed to sign the collective
bargaining agrccmenL
221
Regular S818lon, June 21,1993
Passed, --ed and adopted IbiJ 2hl
day of June, 1993.
Joseph T. Robbins
MaY"" Pro-Tem
CouncI1 Member Voclbcrg moved
adoption of the RcsoIudon. Scccnded by
CounclI Member Nagle. Csrried by tbe
following vote: Y--Mayor Pro-Tem
RobIJinJ, Council Members Klueancr. Krieg,
Nagle, Nicholson, Voctberg. Nays-None.
Abocnl-Mayor Brady.
ItE8OLUTION NO. 19$-93
APPROVING THE
COMPENSATION PACKAGE AND
WAGE PLAN FOR NON-
BARGAINING UNITEMPLOYEFS
Altc8t
Mary A. Davis
City CImk
CouncI1 Member VoetbeJ¡ moved
adoption of the Rcsdudon. Scccnded by
CounclI Member Nagle. Csrried by the
fol1owlll vote: Ycu-Mayor Pro-Tem
Robbins, Council Members Klucancr, Krieg,
Nagle, Nlcholsoo, Voctbcrg. Nays-Nonc.
Abocni-Mayo< Brady.
Wbcrcas, it has been tbe practice to
provide a compensation package to non-
bargaining unil enq>loy... similar to tbe
~on package to be received by
bargaining unil employ...; and
Wbcrcas, the proposed componsadon
package and ws Ìe plan for non-bargaining
unil employees represents an increase of
tbrcc (3) percent across tbe board effecdve
July 1, 1993, wbich is consistent witb tbe
componsadon package to be received by sI1
of tbe City's bargaining units.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Secdon 1. Thai tbe compensadon
package and wage plan for non-bargaining
unit employ... wbich provide f<r an
inc:rcasc of tbrcc (3) pcrccnl across the board
effccdve July 1, 1993, Is hereby approved.
Passed, approved and adopted this 21s1
day of June, 1993.
ItE8OLUTION No. 194-93
APPROVING TIlE AGREElIIENT
BETWEEN THE CITY OF
DUBUQUE, IOWA, AND THE
INmRNA110NAL UNION OF
OPERATING ENGINEERS,
LOCAL 11758, AND AUTHORIZ.
ING TIlE MAYOR TO SIGN THE
AGREEMENT
Whereas, tbe Sixty-Fifth General
Assembly adopled tbe Poblic Employment
Relations Ae~ Chapter 20, Code of Iowa:
and
Wbcrcas, tbe City of Dubuque iJ a public
employer within tbe meaning of Section 3
(1) oftbe Poblic EmploymenlRcladons Ac~
and
Wbcrcas, tbe Intcmationa1 Union of
Operating Engineers, Loca1 1f758, is an
employee organization within the meaning of
_on 3 (4) of tbe Poblic Employmenl
Re1adons Ac~ and
Wbcrcas, tbe Intcmadona1 Union of
Operating Engineers, Loca1 *758, submitted
a requesl to bargain col1ccdvely on behalf of
tbe employ... within its representation; and
Wbcrcas, bargaining between Ibe pardes
bas occurred and an agreement bas been
concluded.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
_on I. That tbe terms of tbe
agtOcmenl bu approved and the Mayor
authorized and directed to sign tbe collective
bargaining agreemenL
Passed, approved and adopted this 21st
day of June, 1993.
Joseph T. Robbins
Mayor Pro- Tem
Attest:
Mary A. Davis
City Clerk
Council Member Voclberg moved
adoption of the Resolution. Scccnded by
ColU1ci1 Member Nagle. Csrried by tbe
following vote: Y--Mayo< Pro-Tem
Robbins, Council Members Kluesner, Krieg,
Nagle, Nicholson, Voctberg. Nays-None.
Abscnl-Mayor Brady.
Communicsdon of Zoning Commission
advising of tbcir approval of final pial for
Wal-Mart Subdivision, preICRted and read.
ColU1ci1 Member Voctberg moved Ibal tbe
communicadon be received and filed.
Seconded by Council Member Nagle.
Carried by Ihe following vole:
Y--Mayor Pro-Tem Robbins, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Voctbcq . Nays--None. Absent-Mayor
Brady.
Joseph T. Robbins
Mayor Pro-Tem
Attesl:
Mary A. Davis
CityClcrlt
RESOLUTION NO. 1"-93
A RESOLUTION APPROVING
TIlE FINAL PLAT OF LOTS 1, 2,
3 AND A OF WAL.MART
SUBDIVISION IN TIlE CITY OF
DUBUQUE, IOWA.
Wbcrcas, tbcrc has been filed witb tbe
City Clerk a fina1 pial of Lots 1,2, 3 and A
of Wal-Mart Subdivision in the City of
Dubuque, Iowa; and
Wbcrcas, said final plat bas been
examined by tbe Zoning Commission and
had its approval eodorscd thereon; and
Wbcrcas, said final plat bas been
examined by the City Council and tbcy find
tbat it conf<rms to the statules and
ordinances reladng to i~ and
NOW, THEREFoRE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Secdon I. Tbal tbe final pIal of Lots 1,
2, 3 and A of Wal-Mart Subdivision is
hereby approved and the Mayor and City
Clerk arc hereby autborizcd and directed to
endorse tbe approval of tbe City of Dubuque,
Iowa, upon said final piaL
Passed, approved and adopted this 21st
dayofJune, 1993.
Attest:
Mary A. Davis
City Clerk
Joseph T. Robbins
Mayor Pro-Tem
Council Member Nieboloon moved
adoption of the Resolution. Scccnded by
ColU1ci1 Member Nagle. Csrried by tbe
following vote: Y--Mayor Pro-Tem
Robbins, Council Members Kluesner, Krieg,
Nagle, Nicholson, Voctherg. Nays-None.
Abscnl-Mayor Brady.
There being no further bnsiness, Council
Member Voctbcq moved to adjoum tbe
meedng. Seconded by Council Member
Nieboloon. Csrried by tbe following vote:
Y cas--Mayor Pro- Tem Robbins, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Voctberg. Nays-None. Absenl-Mayor
Brady. Meedng adjoumed al 8:22 p.m.
Mary A. Davis CMC
City Clerk
ColU1cil Members
Attest: /J ~
ß~ IL,. "H4
. Ci lerk