1990 April Council Proceedings132 Regular Session, April 2, 1990
Regular Session, April 2, 1990
133
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, April 2, 1990.
Council met at 7:30 p.m., Public Library
Auditorium.
Present: Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg, City Manager W. Kenneth
Gearhart, Corporation Counsel Barry A.
Lindahl.
Mayor Brady read the call and stated this
is the regular monthly meeting of the City
Council called for the purpose to act upon
such business which may properly come
before the Council.
Invocation was given by the Rev. Dr.
David Pierce, Associate Professor at the
University of Dubuque Theological Semi-
nary.
PROCLAMATION: Week of April 7th
through 14th as "Community Development
Week".
Mayor Brady swore in Youth Mayor Kim
Mescall.
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Council Member Kluesner moved to sus-
pend the rules to allow anyone present to
address the Council if they so desire.
Seconded by Council Member Pratt Carried
by the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Steve Hardie spoke to the matter and
objected to another moratorium for thirty
(30) days.
Council Member Pratt moved to remove
C(3) on -premises and leave as is based on
1989 Ordinance. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas -Council Members Deich,
Kluesner, Nicholson, Pratt Nays -Mayor
Brady, Council Members Heckmann,
Voetberg.
An Ordinance amending Appendix A
(Ordinance No. 13-85) of the City of
Dubuque, Iowa, Code of Ordinances by
adding Section 4-3.12, Freeway 61/151
Corridor Signage Overlay District (SOD),
relating to on and off -premise signs, said
Ordinance having been presented and read at
the Council Meeting of March 19th pre-
sented for further action.
Youth Mayor swore in Youth Council
Members: Mitch Schaub, Sara Schrup,
Jeff Sullivan, Francis Giunta, Brian Nelson.
Council Member Voetberg moved to
reconvene the Public Hearing from March
19, 1990 (re: Freeway Signage regulations).
Seconded by Council Member Pratt. Carried
by the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Communication of City Manager submit-
ting amended Freeway signage regulations
and requesting 30 day extension on billboard
moratorium in Freeway Corridor, presented
and read. Council Member Pratt moved that
the communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote:
Yeas—Mayor Brady, Council Members
(OFFICIAL PUBLICATION)
ORDINANCE NO. 27-90
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CODE OF
ORDINANCES, CITY OF
DUBUQUE, IOWA BY ADDING A
NEW SECTION 4-3.12, FREEWAY
61/151 CORRIDOR SIGNAGE
OVERLAY DISTRICT (SOD),
RELATING TO OFF -PREMISE
SIGNS IN THE FREEWAY 61/151
CORRIDOR.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Appendix A (The Zoning Ordi-
nance) of the Code of Ordinances, City of
Dubuque, Iowa, is amended by adding the
following new Section 4-3.12, Freeway
61/151 Corridor Signage Overlay District
(SOD), relating to off -premise signs in the
Freeway 61/151 Corridor:
"Section 4-3.12 Freeway 61/151 Corridor
Signage Overlay District (SOD)
A. Purpose and Intent.
The signage overlay district (SOD) has
been established along the three-mile long
Freeway 61/151 Corridor to:
1) Acknowledge the importance of the
freeway corridor as a unique gateway to and
through the City;
2) Identify the lands lying along and
adjacent to the freeway and extending to the
Mississippi River as requiring special atten-
tion in terms of visual aesthetics;
3) Protect and enhance the vistas both
from and to the City and the Mississippi
River valley along the freeway;
4) Eliminate the potential visual clutter
viewable from the freeway while allowing
the opportunity for signage, where possible,
which is appropriate in terms of size, height
and spacing;
5) Create clearly understandable and
enforceable regulations for a specially
defined district in the City.
B. SOD Boundary
1) The signage overlay district (SOD)
shall encompass the land as indicated on
Attachment A and on the Official Zoning
Map of the City of Dubuque located in the
Planning Services Office, City Hall, and is
generally described as all land within six -
hundred sixty (660) feet of the westerly or
northerly edge of the Freeway 61/151 right-
of-way, from Grandview Avenue north to
and including Schmitt Island, and extending
east to the City's corporate lints, and
including that area lying east of the upper
bluff line between Southern Avenue and
First Street.
C. SOD Sign Regulations
1) Within the signage overlay district
(SOD), no off -premise signs are allowed in
the following areas:
a) Area Aon the Official Zoning Map -
generally described as all the land in the
SOD east of Locust Street from Grandview
Avenue north to Camp Street, and the exten-
sion of Camp Street east to the City's
corporate limits;
b) Area B on the Official Zoning Map -
generally described as all the land in the
SOD west of Locust Street from the inter-
section of Locust Street and Southern
Avenue north to Dodge Street and extending
west to the upper bluff line;
c) Area C on the Official Zoning Map -
generally described as all the land in the
SOD east of Freeway 61/151 from the Julien
Dubuque Bridge north to the Third Street
overpass, and the extension of the Third
Street Overpass east to the City's corporate
lints; and
d) Area D on the Official Zoning Map -
generally described as all the land in the
SOD east of the shoreline of Peosta Channel,
including Schmitt Island.
2) Within the signage overlay district
(SOD), off -premise signs in the following
areas shall be subject to the standards set
forth in Section 4-3.11:
a) Area X on the Official Zoning Map -
generally described as all the land in the
SOD east of Locust Street from Camp Street
north to Dodge Street and the Julien
Dubuque Bridge, and extending east to the
City's corporate limits;
b) Area Y on the Official Zoning Map -
generally described as all the land in the
SOD west of Locust Street from Dodge
Street north to First Street and east of Locust
Street from Dodge Street north to Third
Street extending west to Freeway 61/151;
and
c) Area Z on the Official Zoning Map -
generally described as all the land in the
SOD east of Freeway 61/151 from the Third
Street Overpass, including its extension east
to the corporate limits, north to Peosta
Channel, and extending easterly and
northerly to the City's corporate limits,
including all lands within the shoreline of the
Dove Harbor Peninsula, except for that land
within six -hundred sixty (660) feet of the
easterly edge of the Freeway 61/151 right-of-
way from the Third Street Overpass north to
the extension of Eighth Street (Area G on
the Official Zoning Map).
3) Signs in all other areas on the Official
Zoning Map (E, F, G) in the signage overlay
district (SOD) shall meet the standards set
forth below in Subsection 4-3.11 or set forth
in this Section, whichever are more restric-
tive.
a) Height: No portion of any sign or
sign structure within six -hundred sixty (660)
feet of the Freeway 61/151 right-of-way shall
be visible to a person of normal visual acuity
traveling on Freeway 61/151, but in no event
higher than 25 feet.
134 Regular Session, AprII 2, 1990
(b) Size: 300 square feet.
(c) Spacing: 500 feet (lineal measure-
ment far signs visible to on -corning traffic)
4) Variance.
The Board of Adjustment may grant a
variance to increase the standards pertaining
w height and size or reduce spacing require-
ments for any lawful sign, under Section 5-
3.5."
Section 2. The foregoing amendment has
heretofore been reviewed by the Planning
and Zoning Commission of the City of
Dubuque, Iowa
Section 3. This ordinance shall take effect
immediately upon publication, as provided
by law.
Passed, approved and adopted this 2nd
day of April, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 6th day of April,
1990.
Mary A. Davis
City Clerk
It 4/6
Council Member Pratt moved final adop-
tion of the Ordinance, as amended. Seconded
by Council Member Nicholson. Carred by
the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to
allow a Sports Card Shop as a permitted use
in the C-1 Neighborhood Commercial Dis-
trict, and petition of William Olson request-
ing favorable zoning amendment, presented
and Lead. Council Member Deich moved that
the proof of publication and petition be
received and filed. Seconded by Council
Member Voetberg. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Bill Olson, 2222 White requested zoning
amendment to allow sports card shop. Com-
munication of Judith Morrison supported a
500 sq. foot amendment
An Ordinance amending Appendix A of
the Code of Ordinances, also known as the
Zoning Ordinance, by enacting a new Sec-
tion
eo-tion 3-3.1(BX17) to allow a Sports Card
Shop as a permitted use in the C-1
Neighborhood Commercial District, said
Ordinance having been previously presented
and read at the Council Meeting of March
19, 1990, was presented for final action.
Council Member Pratt moved that this
usage be limited to a 500 ft. square foot
area Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 28-90
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING
THAT THE CODE OF
ORDINANCES, CITY OF
DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS THE
ZONING ORDINANCE OF THE
CITY OF DUBUQUE, IOWA BY
ENACTING A NEW SECTION 3-
3.1(B)(17) TO ALLOW A SPORTS
CARD SHOP AS A PERMITTED
USE IN THE C-1 NEIGHBORHOOD
COMMERCIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa be amended
by enacting a new Section 3-3.1(BX17) in
the C-1 Neighborhood Commercial District,
as follows:
3-3.1 C-1 Neighborhood Commercial Dis-
trict.
(B) Principal Permitted Uses
"(17) Sports card shop with a
maximum of 500 square feet in
gross floor area [17]"
Section 2. That the foregoing amendment
has heretofore been reviewed by The Plan-
ning and Zoning Commission of the City of
Dubuque, Iowa
Passed, approved and adopted this 2nd
day of April, 1990.
James E. Brady
Mayor
Regular Session, AprII 2, 1990
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 9th day of April,
1990.
Mary A. Davis
City Clerk
It 4/9
Council Member Deich moved that this
be considered the first reading of the Ordi-
nance and that the rules be waived requiring
that an Ordinance be presented and read at
two meetings prior to the meeting at which
there is to be final action, and further moved
final adoption of the Ordinance, as amended.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Proof of Publication certified to by the
Publisher on Notice of Hearing on Plans and
Specifications for the Removal of Existing
Bus Lift System and Installation of a new
Complete Bus Lift System for the Transit
Division of Public Works Department,
presented and read. There were no written
objections received and no oral objectors
present at the time of the Hearing. Council
Member Voetberg moved that the proof of
publication be received and filed. Seconded
by Council Member Deich. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
RESOLUTION NO. 111-90
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS.
Whereas, on the 7th day of March, 1990,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk
of Dubuque, Iowa for the Removal of Exist-
ing Bus Lift System and Installation of a
New Complete Bus Lift System for the Tran-
sit Division of Public Works Department
Whereas, notice of hearing on plans,
specifications, form of contract, and
estimated cost was published as required by
law.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
135
That the said plans, specifications, form
of contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said improve-
ments for said project.
Passed, adopted and approved this 2nd
day of April, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Deich. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Proof of Publication, certified to by the
Publisher, on Notice to Bidders of the
Receipt of bids for project and Communica-
tion of City Manager recommending to
award contract for project to McDermott
Excavating, presented and mad. Council
Member Vcetberg moved that the proof and
communication be received and filed.
Seconded by Council Member Deich.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
RESOLUTION NO. 112-90
AWARDING CONTRACT
Whereas, sealed proposals have been sub-
mitted by contractors for the Installation of
a Bus Lift System at the Keyline Transit
Facility pursuant to Resolution No. 84-90
and notice to bidders published in a news-
paper published in the City of Dubuque,
Iowa on the 16th day of March, 1990.
Whereas, said sealed proposals were
opened and read on the 26th day of March,
1990 and it has been determined that the bid
of McDermott Excavating Company of
Dubuque, Iowa in the amount of $35,743.34
was the lowest bid for the furnishings of all
labor and materials and performing the work
as provided for in the plans and specifica-
tions.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the contract for the above iognove-
ment be awarded to McDermott Excavating
Company and the Manager be and is hereby
136 Regular Session, April 2, 1990
directed to execute a contact on behalf of
the City of Dubuque for the complete perfor-
mance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and
the approval of the contractor's bond, the
City Treasurer is authorized and instructed to
return the bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this 2nd
day of April, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Deich. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Whereas, it is proposed that the size of
the structure be down scaled to allow con-
struction of a parking facility for which
construction cost will not exceed the
$2,700,000.00.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Proof of Publication, certified to by the
Publisher, on Notice of Hearing on Plans and
Specifications for the construction of Parking
Facility No. 3; Proof of publication, certified
to by the Publisher, on notice to bidders of
the Receipt of Bids for the construction of
Parking Facility No. 3 and Communication
of City Manager recommending to reject
bids received and start bidding process over
with plans and specs. that represent a
change, presented and read. Council Member
Voetberg moved that the proofs and com-
munication be received and fried. Seconded
by Council Member Pratt. Carried by the
following vote: Yeas—Mayor Brady, Coun-
cil Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays—None.
RESOLUTION NO. 113-90
RESOLUTION REJECTING BIDS
AND ASSOCIATED PUBLIC
IMPROVEMENT RESOLUTIONS
FOR PARKING FACILITY #3.
Whereas, bids were received from ur
general contractors for parking facility #3
on
March 22, 1990; and
Whereas, the low bid was $3,159,200.00
or $459,200.00 over the probable estimate
cost of the project of $2,700,000.00; and
Whereas, sufficient funds are not available
from the sale of Parking Revenue Bonds for
the additional cost associated with construc-
tion of a facility of this size; and
Section 1: That all bids received for
parking facility #3 on March 22, 1990 be
rejected.
Section 2: That all resolutions associated
with plans and specifications and bidding
procedures adopted by the Council for this
facility on February 19, 1990 be rescinded.
Passed, approved and adopted this 2nd
day of April, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Carried by the following vote:
yeas—Mayor Brady, Council Members
Deich, Heckmann, Luesner, Nicholson, Pratt,
Voetberg. Nays—None.
RESOLUTION NO. 114-90
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS.
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
Parking Facility #3, in the estimated amount
of $2,700,000.00, are hereby approved and
ordered filed in the office of the City Clerk
for public inspection.
Passed, approved and adopted this 2nd
day of April, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Carried by the Councilfollowing vote:
Members
Yeas—Mayor Brady,
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Regular Session, April 2, 1990
137
RESOLUTION NO. 115-90
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS.
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifi-
cations, and form of contract and placed
sane on file in the office of the City Clerk
for public inspection of the Parking Facility
#3.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That on the 16th day of April, 1990, a
public hearing will be held at 7:30 p.m. in
the Public Library Auditorium at which time
interested persons may appear and be heard
for or against the proposed plans and speci-
fications, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall
be not less than four days nor mom than
twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, approved and adopted this 2nd
day of April, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
RESOLUTION NO. 116-90
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Parking Facility No. 3 is hereby
ordered to be advertised for bids for con-
struction.
BE IT FURTHER RESOLVED, that the
amount of the security to accompany each
bid shall be in an amount which shall
conform to the provisions of the notice to
bidders hereby approved as a part of the
plans and specifications heretofore adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be pub-
lished in a newspaper having general circul-
ation in the City of Dubuque, Iowa, which
notice shall not be less than four days nor
more than twenty days prior to the receipt of
said bids at 2:00 p.m. on the 12th day of
April, 1990. Bids shall be opened and read
by the City Clerk at said time and will be
submitted to the Council for final action at
7:30 p.m. on the 16th day of April, 1990.
Passed, approved and adopted this 2nd
day of April, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of City Manager request-
ing a public hearing be held in connection
with the issuance of $3,000,000. Parking
Facilities Revenue Bonds, presented and
read. Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Pratt. Carried
by the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
RESOLUTION NO. 117-90
RESOLUTION FIXING DATE FOR
A MEETING ON THE
PROPOSITION OF THE ISSUANCE
OF $3,000,000 PARKING REVENUE
BONDS OF DUBUQUE, IOWA AND
PROVIDING FOR PUBLICATION
OF NOTICE THEREOF.
Whereas, the City of Dubuque, Iowa, is in
need of funds to can -y out the purpose here-
inafter described; and, it is deemed necessary
and advisable that said City should issue
Parking Revenue Bonds to the amount of
$3,000,000, as authorized by Section 384,83,
of the City Code of Iowa, for the purpose of
providing funds to pay costs thereof; and
138 Regular Session, April 2, 1990
Whereas, before said bonds may be
issued, it is necessary to comply with the
provisions of said Code, and to publish a
notice of the proposal to issue such bonds
and of the time and place of the meeting at
which it is proposed to take action for the
issuance of the bonds and to receive oral
and/or written objections from any resident
or property owner of said City to such
action;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That this governing body meet
in the Public Library Auditorium at
Dubuque, Iowa, at 7:30 p.m, on the 16th
day of April, 1990, for the purpose of taking
action on the matter of the issuance of
$3,000,000 Parking Revenue Bonds of said
City, the proceeds of which bonds will be
used to remodeling, improving and equipping
of the municipal public parking facilities
enterprise of the City of Dubuque, Iowa,
including the construction of a multi-level
parking facility to be located at 5th and Iowa
Streets.
Section 2. That the Clerk is hereby
directed to cause at least one publication to
be made of a notice of said meeting, in a
legal newspaper, printed wholly in the
English language, published at least once
weekly, and having general circulation in
said City, said publication to be not less than
four clear days nor mare than twenty days
before the date of said public meeting on the
issuances of said bonds.
Section 3. The notice of the proposed
action to issue said bonds shall be in
substantially the following forms:
NOTICE OF MEETING OF THE
CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, ON THE
MATTER OF THE PROPOSED
ISSUANCE OF $3,000,000 PARKING
REVENUE BONDS OF SAID CITY,
AND THE HEARING ON THE
ISSUANCE THEREOF.
PUBLIC NOTICE is hereby given that
the City Council of the City of Dubuque,
Iowa, will hold a public hearing on the 16th
day of April, 1990, at 7:30 p.m., in the
Public Library Auditorium, in Dubuque,
Iowa, at which meeting the City Council
proposes to take additional action for the
issuance of $3,000,000 Parking Revenue
Bonds of said City. Said bonds will not
constitute general obligations or be payable
in any manner by taxation, but will be
payable from and secured by the net reve-
nues of the Municipal Parking System
including off-street parking lots and garages
and on -street parking meters. Said bonds are
proposed to be issued for the purpose of
paying costs of the acquisition, construction,
remodeling, improving and equipping of the
municipal public parking facilities enterprise
of the City of Dubuque, Iowa, including the
construction of a multi-level parking facility
to be located at 5th and Iowa Streets.
At the above meeting oral or written
objections from any resident or property
owner of said City to the above action shall
be received. After all objections have been
received and considered, the Council will at
said meeting or at any adjournment thereof,
take additional action for the issuance of said
bonds or will abandon the proposal to issue
said bonds.
This notice is given by order of said
governing body as provided by Section
384.83 of the City Code of Iowa.
Dated this 2nd day of April, 1990.
Mary A. Davis
City Clerk of Dubuque, Iowa
(End of Notice)
Passed, approved and adopted this 2nd
day of April, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of City Manager request-
ing a public hearing be held in connection
with the issuance of $220,000 Essential
Corporate Purpose General Obligation
Bonds, presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
RESOLUTION NO. 118.90
RESOLUTION FIXING DATE FOR
A MEETING ON THE PROPOSI-
Regular Session, April 2, 1990
TION OF THE ISSUANCE OF
$220,000 GENERAL OBLIGATION
BONDS (FOR AN ESSENTIAL
CORPORATE PURPOSE) OF
DUBUQUE, IOWA, AND
PROVIDING FOR PUBLICATION
OF NOTICE THEREOF.
Whereas, it is deemed necessary and
advisable that the City of Dubuque, Iowa,
should issue General Obligation Bonds to the
amount of $220,000, as authorized by Sec-
tion 384.25, of the City Code of Iowa, for
the purpose of providing funds to pay costs
of carrying out an essential corporate
purpose project as hereinafter described; and
Whereas, before said bonds may be
issued, it is necessary to comply with the
provisions of said Code, and to publish a
notice of the proposal to issue such bonds
and of the time and place of the meeting at
which the Council proposes to take action
for the issuance of the bonds and to receive
oral and/or written objections from any
resident or property owner of said City to
such action;
NOW, THEREFORE, BE 11' RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That this Council meet in the
Public Library Auditorium Dubuque, Iowa,
at 7:30 p.m, on the 16th day of April, 1990,
for the purpose of taking action on the
matter of issuance of $220,000 General
Obligation Bonds for an essential corporate
purpose of said City, the proceeds of which
bonds will be used to provide funds to pay
costs of construction, reconstruction,
extension, improvement, and equipping of
works and facilities useful for the collection
and disposal of surface waters and streams
and extensions and improvements to the
existing airport.
Section 2. That the Clerk is hereby
directed to cause at least one publication to
be made of a notice of said meeting, in a
legal newspaper, printed wholly in the
English language, published at least once
weekly, and having general circulation in
said City, said publication to be not less than
four clear days nor more than twenty days
before the date of said public meeting on the
issuance of said bonds.
Section 3. The notice of the proposed
action to issue said bonds shall be in
substantially the following form:
NOTICE OF MEETING OF THE
COUNCIL OF THE CITY OF
139
DUBUQUE, IOWA, ON THE
MATTER OF THE PROPOSED
ISSUANCE OF $220,000 GENERAL
OBLIGATION BONDS (FOR AN
ESSENTIAL CORPORATE
PURPOSE) OF SAID CITY, AND
THE HEARING OF THE ISSUANCE
THEREOF.
PUBLIC NOTICE is hereby given that
the Council of the City of Dubuque, Iowa,
will hold a public hearing on the 16th day of
April, 1990, at 7:30 p.m., in the Public
Library Auditorium, Dubuque, Iowa, at
which meeting the Council proposes to take
additional action for the issuance of
$220,000 General Obligation Bonds for an
essential corporate purpose of said City, in
order to provide funds to pay costs of con-
struction, reconstruction, extension, improve-
ment, and equipping of works and facilities
useful for the collection and disposal of
surface waters and streams and extensions
and improvements to the existing airport.
At the above meeting the Council shall
receive oral or written objections from any
resident or property owner of said City, to
the above action. After all objections have
been received and considered, the Council
will at this meeting or at any adjournment
thereof, take additional action for the
issuance of said bonds or will abandon the
proposal to issue said bonds.
This notice is given by order of the
Council of Dubuque, Iowa, as provided by
Section 384.25 of the City Code of Iowa.
Passed, approved and adopted this 2nd
day of April, 1990.
James E. Brady
Mayor
Arrest:
Mary A. Davis
City Clerk
(End of Notice)
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of Planning & Zoning
Commission advising of their approval to
provide for a Flood Hazard Overlay District
and Communication of City Manager submit-
ting regulations required for local partici-
pation in the National Flood Insurance
Program (NFIP), presented and read. Council
Member Voetberg moved that the
111
kI
140
Regular Session
, April 2, 1990
communications be received and filed.
Seconded by Council Member Pratt. Carried
by the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
An Ordinance Amending Zoning Ordi-
nance by deleting Section 3-5.3 and enacting
a new Section 3-5.3 Flood Hazard Overlay
District, presented and read. Council Member
Voetberg moved that this be considered the
first reading of the Ordinance, and that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
council meetings prior to the meeting at
which it is to be finally adopted be
suspended and further moved that a Public
Hearing be held on the Proposed Ordinance
on the 16th day of April, 1990, at 7:30 p.m.
in the Public Library Auditorium and that the
City Clerk publish notice in the manner
prescribed by law. Seconded by Council
Member Pratt Carred by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann. Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of City Manager submit-
ting documents providing for the bidding
procedures for the relocation of the existing
Bell Street stem sewer, in the vicinity of the
Ice Harbor, presented and read. Council
Member Voetberg moved that the communi-
cation be received and filed. Seconded by
Council Member Pratt Carried by the
following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
RESOLUTION NO. 119-90
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS.
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
Relocation of the Bell Street Storm Sewer, in
the estimated amount of $74,850.05, are
hereby approved and ordered filed in the
office of the City Clerk for public inspection.
Passed, approved and adopted this 2nd
day of April, 1990.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Carred by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
RESOLUTION NO. 120-90
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS.
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifi-
cations, and form of contract and placed
same on file in the office of the City Clerk
for public inspection of the Relocation of the
Bell Street Storm Sewer.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That on the 7th day of May, 1990, a
public hearing will be held at 7:30 p.m. in
the Public Library Auditorium at which time
interested persons may appear and be heard
for or against the proposed plans and speci-
fications, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall
be not less than four days nor mon: than
twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement
Passed, approved and adopted this 2nd
day of April, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
RESOLUTION NO. 121-90
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Regular Session, April 2, 1990
That the Relocation of the Bell Street
Storm Sewer is hereby ordered to be adver-
tised for bids for construction.
BE IT FURTHER RESOLVED, that the
amount of the security to accompany each
bid shall be in an amount which shall
conform to the provisions of the notice to
bidders hereby approved as a pan of the
plans and specifications heretofore adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be pub-
lished in a newspaper having general circul-
ation in the City of Dubuque, Iowa, which
notice shall not be less than four days nor
more than twenty days prior to the receipt of
said bids at 2:00 p.m. on the 26th day of
April, 1990. Bids shall be opened and read
by the City Clerk at said time and will be
submitted to the Council for final action at
7:30 p.m. on the 7th day of May, 1990.
Passed, approved and adopted this 2nd
day of April, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of City Manager submit-
ting documents initiating the public bidding
procedures for the relocation/reconstruction
of the alley between Main and Iowa Street,
from 3rd to 4th Street, and also for the
resurfacing of the City parking lot at 3rd and
Iowa Streets, presented and mad. Council
Member Voetberg moved that the communi-
cation be received and filed Seconded by
Council Member Pratt Carried by the
following vote: Yeas—Maya Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
RESOLUTION NO. 122-90
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS.
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
141
That the proposed plans, specifications,
form of contract and estimated cost for the
Alley Reconstruction Between Main and
Iowa Street, From 3rd to 4th Steck and
Resurfacing of the City Parking Lot at 3rd
and Iowa Streets, in the estimated amount of
$51,378.84, are hereby approved and ordered
filed in the office of the City Clerk for
public inspection.
Passed, approved and adopted this 2nd
day of April, 1990.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Voetberg moved adopt-
ion of the Resolution. Seconded by Council
Member Pratt Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
RESOLUTION NO. 123.90
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS.
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifi-
cations, and form of contract and placed
same on file in the office of the City Clerk
for public inspection of the Alley Recon-
struction Between Main and Iowa Street,
From 3rd to 4th Street; and Resurfacing of
the City Parking Lot at 3rd and Iowa Streets.
NOW THEREFORE, BE IT RESOLVED,
that on the 16th day of April, 1990, a public
hearing will be held at 7:30 p.m. in the
Public Library Auditorium at which time
interested persons may appear and be heard
for or against the proposed plans and specifi-
cations, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall
be not less than four days nor more than
twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement
Passed, approved and adopted this 2nd
day of April, 1990.
James E. Brady
Mayor
142 Regular Session, April 2, 1990
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
RESOLUTION NO. 124-90
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Alley Reconstruction Between
Main and Iowa Street, From 3rd to 4th
Street; and Resurfacing of the City Parking
Lot at 3rd and Iowa Streets is hereby
ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that the
amount of the security to accompany each
bid shall be in an amount which shall
conform to the provisions of the notice to
bidders hereby approved as a part of the
plans and specifications heretofore adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be pub-
lished in a newspaper having general circul-
ation in the City of Dubuque, Iowa, which
notice shall not be less than four days nor
more than twenty days prim to the receipt of
said bids at 2:00 p.m. on the 10th day of
April, 1990. Bids shall be opened and read
by the City Clerk at said time and will be
submitted to the Council for final action at
7:30 p.m. on the 16th day of April, 1990.
Passed, approved and adopted this 2nd
day of April, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of City Manager submit-
ting bidding documents providing for the
purchase of several replacement traffic signal
controllers, presented and read. Council
Member Voetberg moved that the communi-
cation be received and filed. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas—Mayor Brady, Coun-
cil Members Deich, Beckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays—None.
RESOLUTION NO. 125-90
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS.
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Regular Session, April 2, 1990
twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement
Passed, approved and adopted this 2nd
day of April, 1990.
That the proposed plans, specifications,
form of contract and estimated cost for the
Purchase of Traffic Signal Controllers -1990,
in the estimated amount of $63,000.00, are
hereby approved and ordered filed in the
office of the City Clerk for public inspection.
Passed, approved and adopted this 2nd
day of April, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
RESOLUTION NO. 126-90
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS.
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifi-
cations, and form of contract and placed
same on file in the office of the City Clerk
for public inspection of the Purchase of
Traffic Signal Controllers -1990.
NOW THEREFORE, BE IT RESOLVED,
that on the 7th day of May, 1990, a public
hearing will be held at 7:30 p.m. in the
Public Library Auditorium at which time
interested persons may appear and be heard
for or against the proposed plans and specifi-
cations, form of contract and cost of said
improvement, and the City Clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall
be not less than four days nor mom than
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
143
Council Member Voetberg moved adop-
tion of the Resolution. Cr -fronded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
RESOLUTION NO. 127.90
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Purchase of Traffic Signal
Controllers -1990 is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that the
amount of the security to accompany each
bid shall be in an amount which shall
conform to the provisions of the notice to
bidders hereby approved as a part of the
plans and specifications heretofore adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be pub-
lished in a newspaper having general circul-
ation in the City of Dubuque, Iowa, which
notice shall not be less than four days nor
more than twenty days prior to the receipt of
said bids at 2:00 p.m. on the 1st day of May,
1990. Bids shall be opened and read by the
City Clerk at said time and will be submitted
to the Council for final action at 7:30 p.m.
on the 7th day of May, 1990.
Passed, approved and adopted this 2nd
James E. Brady
Mayor
day of April, 1990.
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetherg. Nays—None.
Communication of City Manager recom-
mending to vacate portions of Iowa Street,
Charter Street, Camp Street, Water Street,
Railroad Avenue, and a portion of alley
running north of Railroad Avenue and 1st
alley west of Iowa Street northerly from
Railroad Avenue as requested by IDOT, pre-
sented and read. Council Member Voetberg
moved that the communication be received
and filed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
RESOLUTION NO. 128.90
RESOLUTION APPROVING PLAT
OF A VACATED PORTION OF 64
FOOT WIDE STREETS AS
FOLLOWS:
Iowa Street from the South Property Line
of Dodge Street to the North property line of
Railroad Avenue; Camp Street from the
West property line of Water Street to a point
40 ft. West of the West property line of
Iowa Street along the North property line of
Camp Street and to a point 58.56 ft. West of
the West property line of Iowa Street along
the South property line of Camp Street;
Railroad Avenue from a point 84.22 ft. East
of the East property line of Water Street
along the North property line of Railroad
Avenue to a point 172.42 ft. West of the
West property line of Iowa Street and 385.09
ft. West along the South property line of
Railroad Avenue form a point 84.22 ft
East of the East property line of Water
Street; Water Street from the North property
line of Railraod Avenue to a point 224.39 ft.
Northerly of the North property line of Camp
Street along the West property line of Water
Street and to a point 483.11 ft. Northerly of
the North property line of Railroad Avenue
along the East property line of Water Street
and the first 20 foot wide alley West of the
West property line of Iowa Street from the
North property line of Railroad Avenue
North to a point North on the West property
line 104.08 ft; on the East property line a
distance of 183.29 ft. from the North pro-
perty line of said Railroad Avenue.
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa,
a plat dated September 20, 1989, prepared
by the Iowa Department of Transportation,
describing the vacated portion of said streets
and alley; and
144 Regular Session, April 2, 1990
Whereas said plat conforms to the laws 1
and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the plat dated September
20, 1989, prepared by the Iowa Department
of Transportation, relative to the real estate
hereinabove described be and the same is
hereby approved, and the Mayor and City
Clerk be and they are hereby authorized and
directed to execute said plat for and on
behalf of the City of Dubuque, Iowa
Section 2. That the City Clerk be and is
hereby authorized and directed to file said
plat and certified copy of this Resolution in
the office of the Recorder, in and for
Dubuque County, Iowa.
Passed, approved and adopted this 2nd
day of April, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Kluesner. Carried
follovring
voteMayory, Council Members
Deich, Heckmann,
Klausner, Nicholson,
Pratt, Voetberg. Nays—None.
An Ordinance Providing for the vacating
of portion of 64 foot wide streets, presented
and read.
Council Member Voetberg movedof the
this be considered the firstreading that a
Ordinance, and that the requirement
proposed Ordinance be considered and voted
on for passage at two council meetings prior
to the meeting at which it is to be finally
adopted be suspended and further moved that
a Public Hearing be held on the Proposed
Ordinance on the 16th day of April,Auditorium990at
7:30 p.m. in the Public Library
and that the City Clerk publish notice in the
manner prescribed by law. Seconded by
Council Member Kluesner. Carried by the
Kluesner, following vote: Yeas—Mayor Brad
Coun-
cil Members Deich, Heckmann,
Nicholson, Pratt, Voetberg. Nays—None.RESOLUTION NO. 129-90
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT A & LOT B OF
DUBUQUE HARBOR COMPANY'S
ADDITION.
Whereas, the Iowa Department of Trans-
portation has requested the vacation of a
portion of said streets and alley, and
Whereas, the Iowa Depamnent of Trans-
portation has prepared and submitted to the
City Council a plat showing the vacated por-
tion of streets and alley and assigned a lot
number thereof, which hereinafter shall be
known and described as Lot A & Lot B of
Block 15 of Dubuque Harbor Company's
Addition in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this
portion of streets and alley is no longer
required for public use, and vacating and
sale of said portion of streets and alley
known as Lot A & Lot B of Block 15 of
Dubuque Harbor Company's Addition in the
City of Dubuque, Dubuque County, Iowa
should be approved.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque
intends to dispose of its interest in Lot A &
Lot B of Block 15 of Dubuque Harbor
Company's Addition in the City of Dubuque,
Iowa
Section 2. That the conveyance of Lot A
& Lot B of Block 15 of Dubuque Harbor
Company's Addition in the City of Dubuque,
Iowa be contingent uponat n andfilingspaying for platting, pu
fees.
Section 3. That the City Clerk be and is
hereby authorized and directed to cause and
notice of intent to dispose of said real estate
in the manner as prescribed by law.
Section 4. The City reserves unto itself a
perpetual easement including the right of
ingress and egress thereto, for the purpose of
erecting, installing, constructing, recon-
structing, repairing, owning, operating, and
maintaining water, sewer, drainage, gas,
telephone, tv. cable and electric lines as may
be authorized by the City of Dubuque, Iowa
Passed, approved and adopted this 2nd
day of April, 1990. James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution and set the matter for
Regular Session, AprIl 2, 1990
145
Public Hearing on April 16, 1990 at 7:30
p.m in the Public Library Auditorium and
that the City Clerk publish notice in the
manner prescribed by law. Seconded by
Council Member Kluesner. Carried by the
following vote: Yeas—Mayor Brady, Coun-
cil Members Reich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays—None.
Communication of City Manager request-
ing approval of Ordinance regarding min-
imum swimming pool and spa safety and
water quality standards, presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Pratt. Carried
by the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
An Ordinance amending Chapter 23,
Health and Sanitation, of the Code of
Ordinances by adding thereto a new Section
23-36, adopting and incorporating by
reference Iowa Administrative Code Chapter
641-15, regarding "Swimming Pools and
Spas", and procedures for the Health
Department to provide for the inspection and
enforcement of such rules, presented and
read.
Council Member Voetberg moved that
this be considered the first reading of the
Ordinance, and that the requirement that a
proposed Ordinance be considered and voted
on for passage at two council meetings prior
to the meeting at which it is to be finally
adopted be suspended and further moved that
a Public Hearing be held on the Proposed
Ordinance on the 16th day of April, 1990 at
7:30 p.m. in the Public Library Auditorium
and that the City Clerk publish notice in the
manner prescribed by law. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas—Mayor Brady, Coun-
cil Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays—None.
Communication of City Manager submit-
ting National Electrical Code and an ordi-
nance providing for adoption of the docu-
ment and requesting matter be set for public
hearing on April 16, 1990, presented and
read. Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Pratt Carried
by the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
An Ordinance providing that the Code of
Ordinances, be amended by repealing
Sections 18-1 through and including Section
18-95 thereof and enacting new sections 18-
1 and 18-2 in lieu thereof pertaining to
revising and reenacting an electrical code for
the City of Dubuque, Iowa and providing for
the issuance of permits and collection of fees
therefore, presented and read. Council
Member Voetberg moved that this be con-
sidered the first reading of the Ordinance,
and that the requirement that a proposed
Ordinance be considered and voted on for
passage at two council meetings prior to the
meeting at which it is to be finally adopted
be suspended and further moved that a
Public Hearing be held on the Proposed
Ordinance on the 16th day of April, 1990 at
7:30 p.m. in the Public Library Auditorium
and the City Clerk publish notice in the
manner prescribed by law. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas—Mayor Brady, Coun-
cil Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays—None.
Communication of City Manager submit-
ting Uniform Plumbing Code and an ordi-
nance providing for adoption of the docu-
ment and requesting matter be set for public
hearing on April 16, 1990, presented and
read. Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Pratt. Carried
by the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
An Ordinance Amending Chapter 37 of
the Code of Ordinances by repealing such
chapter and enacting a new Chapter 37 in
lieu thereof pertaining to revising and
reenacting a Plumbing Code for the City of
Dubuque, Iowa; regulating the erection,
installation, alteration, repairs, relocation,
replacement, addition to, use or maintenance
of plumbing equipment and systems within
the jurisdictional limits of the City of
Dubuque, Iowa; providing for the issuance of
permits and collection of fees therefor,
providing for the licensing of plumbing
contractors and journeymen and providing
for penalties for violation of said ordinance,
presented and read.
Council Member Voetberg moved that
this be considered the first reading of the
Ordinance, and that the requirement that a
proposed Ordinance be considered and voted
on for passage at two council meetings prior
to the meeting at which it is to be finally
adopted be suspended and further moved that
a Public Hearing be held on the Proposed
Ordinance on the 16th day of April, 1990 at
7:30 p.m. in the Public Library Auditorium
146
Regular Session, AprII 2, 1990
and that the City Clerk publish notice in the
manner prescribed by law. Seconded by
Council Member Pmts Carried by the
following vote: Yeas—Mayor Brady, Coun-
cil Members Deich, Heckman[, Kluesner,
Nicholson, Pratt, Voetberg. Nays—Nona
9:32 Council recessed.
9:56 Council reconvened.
Communication of City Manager submit-
ting contracts for sale pertaining to Molo
Companies and Dubuque Barge & Fleeting
Service Company, Inc. and requesting City
Council to ratify such contracts and authorize
and direct the Mayor to execute, presented
and read.
Gary Newt stated satisfaction with con-
tracts and complimented City staff.
Attorney David Hammer for Molo Co.,
and Mark Moto spoke to the proposed con-
tract.
Kluesner, Nicholson,
Nays—None.
RESOLUTION NO. 130-90
A RESOLUTION AUTHORIZING
THE EXECUTION OF A
COMMUNITY DEVELOPMENT
BLOCK GRANT LOAN
AGREEMENT WITH HESS BRICK,
INC.
Council Member Kluesner moved that the
communication be received and filed and
approved both Agreements and directed
Mayor to sign. Seconded by Council
Member Pratt Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Ileckrnann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Let the record show that Council has
stated the City has shown their best effort to
date and will continue to demonstrate further
best effort
Communication of City Manager submit-
ting a Memorandum of Agreement with
Dubuque County Historical Society advising
of intent to enter into certain transactions at
a later date relating to property in Ice Harbor
for excursion boat, presented and read.
Council Member Voetberg moved that the
communication be received and filed and
approved recommendations. Seconded by
Council Member Heckmann. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Communication of City Manager request-
ing the approval of a CDBG Loan Agree-
ment with Hess Brick, Inc., presented and
read. Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Pratt.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Deich, Heckmann,
Pratt,
Voetberg.
Whereas, the City desires to eliminate
existing blighting conditions in the Ice
Harbor Urban Renewal District and has ini-
tiated the public acquisition and clearance of
selected land within the District in prepar-
ation for redevelopment and
Whereas, Hess Brick, Inc., a brick and
building material retailer and wholesaler,
currently leases land within the Ice Harbor
Urban Renewal District that the City of
Dubuque intends to acquire and las received
a notice to vacate said premises on or before
September 10, 1990; and
Whereas, Hess Brick, Inc. has obtained a
relocation site and has entered into a pur-
chase agreement for said site subject to ob-
taining necessary financing; and
Whereas, the City is a participating city in
the Community Development "Block Grant"
Program of the United States Department of
Housing and Urban Development, under
Grant Agreement B -89 -MC -19-0004, and has
obtained funds under such program to elimi-
nate slum and blighting conditions; and
Whereas, the City of Dubuque believes
that the relocation of Hess Brick, Inc. will
assist in the ongoing revitalization of the Ice
Harbor Urban Renewal District
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Mayor and City Clerk
be and they are hereby authorized and
directed to endorse the acceptance of the
City of Dubuque, Iowa upon the Loan
Agreement, a form of which is hereto
attached, awarding a fifty-four thousand
dollar ($54,000) loan to Hess Brick,
according to the terms specified therein.
Section 2. That the City Manager be and
he is hereby authorized to disburse loan
funds from the Community Development
Block Grant entitlement fund, in accordance
with the terms and conditions of Loan
Agreement
Regular Session, April 2, 1990
147
Passed, approved and adopted this 2nd
day of April 1990.
James E. Brady
Mayor
Attest
Mary A. Davis
City Clerk
Council Member Voetherg moved adop-
don of the Resolution. Seconded by Council
Member Pratt Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of Planning & Zoning
Commission advising of their approval to
allow a curb cut for 969-971 Iowa Street as
requested by Bryan Mihalakis; Petition of
Bryan Mihalakis appealing the decision of
the City Manager to deny the curb cut as
requested and Communication of City
Manager recommending denial of the request
for the curb cut onto Iowa Street at this
location, presented and read.
Bryan Mihalakis requested approval of the
curbcut request.
Council Member Pratt moved that the com-
munications and petition be received and
filed and that the curb cut be permitted in
support of Planning & Zoning's recommen-
dation. Seconded by Council Member
Heckmann. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt. Nays—Council Member Voetberg.
Verbal petition of Council Member
Nicholson requesting to discuss the narrow-
ing of Hale Street as part of the 1989 P.C.
Concrete Paving Project and petition of
residents of Hale Street objecting to
narrowing of their street as proposed in
paving project, presented and read.
Gary Conlon of 2000 Hale St. and Dan
Smith spoke to the request to keep the street
the same width.
Council Member Nicholson moved that
the petition be received and filed and
directed to increase Hale St. to 37 ft. if all
affected property owners agree to 20%
additional cost of widening street by end of
working day Tuesday, April 10th. Seconded
by Council Member Heckmann. Carried by
the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Communication of City Manager request-
ing direction regarding request by Council
Member Nicholson to purchase Wordperfect
5.1 software for Council Members' use on
their own microcomputers, presented and
read. Council Member Nicholson moved that
the communication be received and filed and
approved getting software for those Council
Members who desire to have same.
Seconded by Council Member Pratt Carried
by the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Communication of City Manager request-
ing an amendment of CDBG Loan with the
Country Wagon, Inc., presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Pratt. Carried
by the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
RESOLUTION NO. 131-90
A RESOLUTION AMENDING AN
EXISTING COMMUNITY
DEVELOPMENT BLOCK GRANT
LOAN AGREEMENT ENTERED
INTO BY THE CITY OF DUBUQUE,
IOWA AND THE COUNTRY
WAGON,INC.
Whereas, the City Council did, by
Resolution 273-86, approve the endorsement
of a Community Development Block Grant
(CDBG) Loan Agreement between the City
of Dubuque, Iowa and The Country Wagon,
Inc. and did authorize the distribution of said
monies to the Company to assist in the
relocation and expansion of their operations;
and
Whereas, said Loan Agreement, entered
into by the Company on the 18th day of
December 1986, provides for the refinancing
of the outstanding loan amount after a period
of three years; and
Whereas, The Country Wagon, Inc. has
fulfilled its job creation goals as established
in the aforementioned Loan Agreement and
has faithfully met its financial commitments;
and
Whereas, the Company has asked that the
Loan Agreement be restructured and the
Council has determined that repayment of
the Loan in accordance with the terms and
conditions of the Loan Agreement would
Regular Session,
create an unnecessary financial hardship for
the Company.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Mayor and City Clerk
be and they are hereby authorized and
directed to endorse the acceptance of the
City of Dubuque, Iowa upon the Loan
Agreement Amendment, a form of which is
hereto attached, with The Country Wagon,
Inc. of Dubuque, Iowa.
Passed, approved and adopted this 2nd
day of Apra 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of City Manager request-
ing Mayor be authorized to execute an
agreement with the IDOT for the use of City
streets as a detour route of the primary
system within the City, presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Pratt. Carried
by the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
RESOLUTION NO. 132-90
AUTHORIZATION FOR DETOUR
ROUTE FOR PRIMARY HIGHWAY
SYSTEM.
Whereas, the Iowa Department of Trans-
portation has requested that the City execute
an agreement for use of City streets as a
detour route for its primary highway within
the City; and
Whereas, the detour is required as a result
of construction activities associated with the
relocation of the 61 Project in the City; and
Whereas, traffic currently using the pri-
mary system from 4th and Iowa Street to
White Street and then to 9th and White
Streets would be detoured on Iowa Street
from 4th and Iowa Street to 9th and Iowa
April 2, 1990
Street and then east on 9th Street to the
existing primary system on 9th and White
Street; and
Whereas, an assessment will be made of
the detour route by representatives of
I.D.O.T. and the City prior to the effec-
tuation of the detour and on the finalization
of the detour to ascertain if any damages
have been caused on the detoured street; and
Whereas, the agreement provides that if
there is damage as a result of the detour
traffic I.D.O.T. will restore the street or
streets to their previous conditions.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the agreement with the
Iowa Department of Transportation on the
use of City streets for a detour route for the
primary system be approved.
Section 2. That the Mayor be authorized
and directed to execute the attached agree-
ment, which is considered a part hereof, with
the Iowa Department of Transportation.
Passed, approved and adopted this 2nd
day of April, 1990.
James E. Brady
Mayor
Regular Session, Aprll 2, 1990
LIEU THEREOF A NEW SECTION 38-31
(A) PROVIDING FOR A SERVICE
CHARGE FOR OPENING STRUCTURES
AND VEHICLES.
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
An Ordinance Amending Code of Ordi-
nances by repealing Section 38-31(a) relating
to a service charge for opening structures
and vehicles and by adopting in lieu thereof
a new Section 38-31(a) providing for a
Service Charge for opening structures and
vehicles (1st reading given 2-27-90; 2nd
reading given 3-19-90), presented for further
action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 29-90
AN ORDINANCE AMENDING 7TIE
CITY OF DUBUQUE CODE OF
ORDINANCES BY REPEALING SECTION
38-31 (A) RELATING TO A SERVICE
CHARGE FOR OPENING STRUCTURES
AND VEHICLES AND BY ADOPTING IN
NOW, THEREFORE, BE 1T ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Sedion 1. Section 38-31 (a) of the City
of Dubuque Code of Ordinances is hereby
repealed.
Sedlon 2. The following new Section 38-
31 (a) is hereby adopted:
(a) Persons requesting assistance from the
Police Department for opening any motor
vehicle or gaining entrance to any structure
shall be liable for the payment of a twenty-
five ($25.00) service charge per call.
Section 3. This ordinance shall take effect
on July I, 1990.
Passed, adopted and approved this 2nd
day of April 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 9th day of April,
1990.
Mary A. Davis
City Clerk It 4\9
Council Member Kluesner moved final
adoption of the Ordinance. Seconded by
Council Member Voetberg. Carried by the
following vote: Yeas—Council Members
Heckmann, Kluesner, Pratt, Voetberg.
Nays—Mayor Brady, Council Members
Deich, Nicholson.
Communication of City Manager request-
ing Mayor be authorized to sign an amend-
ment with Project Concern/Phone-A-Friend
concerning the muni -bus operation for the
fiscal year beginning July I, 1990, presented
and read. Council Member Voetberg moved
that the communication be received and filed
and approved and directed Mayor to execute.
Seconded by Council Member Heckmann.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
CIVIL SERVICE COMMISSION - One
six year term which will expire March 31,
149
1996 (term of Pat Dillon). Applicant(s): Pat
Dillon.
Mayor Brady recommended that Pat
Dillon be reappointed for a six year term.
Council Member Pratt moved that they
concur with the Mayor's recommendation.
Seconded by Council Member Heckmann.
Canied by the following vote: Yeas—Mayor
Brady, Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
RESOLUTION NO. 133-90
Whereas, Applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been exa-
mined and approved; and
Whereas, The premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of this City and
have filed proper bonds;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants
a Beer Permit.
CLASS "B" BEER PERMITS
B & M Convenient Mart, Oky Doky
47, 3301 Pennsylvania
CLASS "C" BEER PERMIT
Douglas Heinen, Iowa Produce &
Potatollouse, 198 Locust St.
Wareco System of Iowa, Wareco
700 Rhomberg Ave.
Passed, approved and adopted this 2nd
day of April 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Member Heckmann. Carried by the follow-
ing vote: Yeas—Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays—None.
150 Regular Session, April 2, 1990
RESOLUTION NO. 134-90
Whereas, Applications for Liquor
Licenses have been submitted to this Council
for approval and the same have been exa-
mined and approved; and
Whereas, The premises to be occupied by
such applicants were inspected and found to
comply with the State Law and all City
Ordinances relevant thereto and they have
filed proper bonds;
NOW THEREFORE BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA;
That the Manager be authorized to cause
to be issued the following named applicant(s)
a Liquor License.
CLASS "C" (COMMBEER AND LIQUOR LI E)
NSE
Judith A. Botsford, Botsy's
1027 Rhomberg Ave.
19; Historic Preservation Commission of 3-
13; Human Rights Compassion of 3-12;
Mechanical Board of 3-13; Transit Trustee
Board of 3-8, presented and read Council
Member Voetberg moved that the minutes
received and filed. Seconded by Council
Member Pratt Carped by e following vote:
fell Members
Yeas --Mayor Brady, Nicholson,
Deich, Heckmann, Kluesner,
Pratt, Voetberg. Nays—None.
NOTICES OF CLAIMS/SUITS - Dave
Brimeyer in amount of $295.14 for car
damages; Dubuque Barge & Fleeting Service
Company, et al submitting petition in equity
and an amended Petition; John Duccini vs.
Dubuque Human Rights Compassion submit-
ting Petition for Judicial Review; Wilfred
Fischer in amount of $34.02 for car
damages; Christopher Luedtke in amount of
$91.68 for tire damages; Mary Ann McGrane
in estimated amount of $186.20 for car
damages; Mary Lou Pierrie in amount of
$230.00 for car damages, presented and read.
Council Member Voetberg moved that the
claims and suits be referred to the Legal
Staff for investigation and report. Seconded
by Council Member Pratt. Carried Co the
following vote: Yeas—Mayor Brady, Coun-
cil Members Deich, Heckmann,
esner,
Nicholson, Pratt, Voetberg. Nays—None.
Jeannine A. Kersch, Idle Hour
1555 Central Ave.
John Noonan, Noonan's Tap
1618 Central Ave.
Knights of Columbus, Council # 510
781 Locust St.
Passed, approved and adopted this 2nd
day of April 1990. James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Member Heckmann. Carried by the follow-
ing vote: Yeas—Mayor Brady, Kluesner,Council
Members Deich, Heckmann,
Nicholson, Pratt, Voetberg. Nays—None.
Printed Council Proceedings for month of
December, 1989, presented for Council
approval. Council Member Voetberg moved
that the proceedings be approved as printed.
Seconded by Council Member Pratt Carried
by the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
MINUTES SUBMITTED - Civil Service
Commission of 3-2; Electrical Examining
Board of 3-12; Five Flags Conmussion of 3 -
Communications of Corporation Counsel
recommending denial/closure of following
Fall -personal
Property damage of lorence Cook; Car
dampeesonal injcoy Fall - personal
damage of 1. Scott Sheldon; Pc ll -
injury of Christopher A. Roling;
Fall -
personal injury of Molly Murphy, presented
e
and read. Council Member Voetberg moved
that the communications be received and
filed and denials approved. Seconded by
Council Member Pratt. Carped bytth
following vote: Yeas—Mayor Brad
Coun-
cil Members Deich, Heckmann, �ces�'
Nicholson, Pratt, Voetberg.Nays—None.
Communication of Corporation Counsel
recommending settlement of tow charge
claim of Holy Ghost Church in theamount
of $90.00, presented and read. Council
Member Voetberg moved that the communi-
cation be received and filed and settlement
approved with Finance Director to issue
check. Seconded by Council Member Pratt.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Petition containing 15 signatures request-
ing CDBG Funds for installation
of
andh icapped accessible ramp, restroom
ele-
vator, presented and read. Council Member
Regular Session, AprII 2, 1990
Voetberg moved that the petition be received
and filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
IDOT advising of dismissal of Right of
Condemnation in matter of property for
Frank Hardie Advertising, Inc., presented
and read. Council Member Voetberg moved
that the notice be received and filed.
Seconded by Council Member Pratt. Carried
by the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Proof of Publication on Notice of sub-
mittal of Grantee Performance Report to
HUD for the calendar year 1989, presented
and read. Council Member Voetberg moved
that the proof of publication be received and
filed. Seconded by Council Member Pratt.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Petition of William Daugherty requesting
to vacate the triangular property located at
south east corner of 10th & Bluff, adjacent
to 1004 Bluff St., and making an offer to
purchase said property, presented and read.
Council Member Voetberg moved that the
petition be referred to the City Manager.
Seconded by Council Member Pratt. Carried
by the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
REFUNDS REQUESTED - Thunderbirds
of Dubuque, Inc., $422.50 on unexpired
portion of Liquor License, presented and
read. Council Member Voetberg moved that
the refund be approved and Finance Director
to issue proper check. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of City Manager request-
ing approval to execute an amendment to
CDBG Funds Statement of Intent, presented
and read. Council Member Voetberg moved
that the communication be received and
filed. Seconded by Council Member Pratt
Carried by the following vote: Yeas—Mayor
Brady, Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
151
RESOLUTION NO. 135-90
A RESOLUTION AUTHORIZING
THE EXECUTION OF
AMENDMENT #2 TO A
COMMUNITY DEVELOPMENT
BLOCK GRANT STATEMENT OF
INTENT SUBMITTED TO THE
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT FOR
CALENDAR YEAR 1990.
Whereas, under provisions of Title I of
Housing and Community Development Act
of 1974, as amended, the City of Dubuque
prepared and submitted a Statement of Intent
on December 1, 1989 for a Community
Development Block Grant; and
Whereas, the submission has been
approved by the Department of Housing and
Urban Development in the amount of
$918,000 for a twelve-month program
commencing January 1, 1990; and
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Statement of Intent,
submitted to the U.S. Department of Housing
and Urban Development on December 1,
1989, for a Community Development Block
Grant to the City of Dubuque be amended to
reflect the M108 Loan Guarantee Applica-
tion for $1,200,000, and the Mayor of the
City of Dubuque be hereby authorized and
directed to execute the necessary documen-
tation on behalf of the City of Dubuque.
Section 2. That the City Manager be and
he is hereby authorized and directed to
submit the amendment to the Community
Development Block Grant Statement of
Intent to the U.S. Department of Housing
and Urban Development and other appro-
priate agencies.
Passed, approved and adopted this 2nd
day of April, 1990.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
152 Regular Session, April 2, 1990
Communication of City Manager recom-
mending adoption of resolution providing for
adoption of Supplement No. the Code of
Ordinances, prase
Council Member Voetbergmoved
end filed.
communication be received
Seconded by Council Member Pratt. Carried
by the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—Notes.
RESOLUTION N0.136-90
ADOPTING SUPPLEMENT NO. 2
TO THE CODE OF ORDINANCES
OF THE CITY OF DUBUQUE,
IOWA.
Whereas, under date of July 17, 1989, the
City Council, pursuant to Ordinance No. 34-
89, readopted the Code of Ordinances of the
City of Dubuque, Iowa for ordinances
adopted up to and including December 19,
1988; and
Whereas, since December 19, 1988 the
City Council of the City of Dubuque, Iowa
has adopted certain ordinances amending the
Code of Ordinances and saidamendmentss
have been printed as supplements
Code of Ordinances; and
Whereas, Section 380.8 ofthe ode of
Iowa provides that supplements,
resolution, become part of the Code of
Ordinances.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Supplement No. 2 of the
Code of Ordinances of the City of Dubuque,
Iowa, covering ordinances adoptedI
City Council of the City of Dubuque,o the
from July 1, 1989 through January 3, 1990,
prepared by the Municipal Code Corporation,
Tallahassee, Florida, hereto filed in the
Office of the City Clerk of the City of
Dubuque, Iowa, be and is hereby adopted
and becomes part of the Code of Ordinances
of the Qty of Dubuque, Iowa.
Passed, approved and adopted this 2nd
day of April, 1990. James E. Brady
Mayor
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of City Manager submit-
ting summary materials on the Fiscal Year
1991 Adopted Budget, presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Pratt. Carried
by the following vote: YeaDes Heckmann, Mayor
rady,
Council Members Pratt, eckmany,
n,
Kluesner, Nicholson,
Voetberg.
Nays—None.
Attest:
Mary A. Davis
City Clerk
Communication of City Manager recom-
mending acceptance of Rehabilitation:
Interior Walls Keyline Transit Facility
Project, presented and read Council Member
Voetberg moved that the communication be
received and filed Seconded
D y Councilu
Member Pratt. Carried bytheo:
Yeas—Mayor Brady,Council Members Nicholson,
Deich, Heckmann, Kluesner,
Pratt, Voetberg. Nays—None.
RESOLUTION NO. 137-90
ACCEPTING IMPROVEMENT
Whereas, the contract for the Rehabili-
tation: Interior Walls Keyline Transit Facility
has been completed and the City Manager
has examined the work and filed his certif-
icate stating that the same has been com-
pleted according to the terms of the contract,
plans and specifications and recommends it
acceptance.
NOW THEREFORE, BE 11' RESOLVED,
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the recommendation of
the City Manager be approved and that said
improvement be and the sant is hereby
accepted.
BE IT FURTHER RESOLVED that the
City Treasurer be and he is hereby directed
to pay to the contractorA
Funds -80% and Local Funds -20%
in
amount equal to the amount of his contract,
less any retained percentage provided
therein.
Passed, approved and adopted this 2nd
day of April, 1990. Jams E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Regular Session, April 2, 1990
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
RESOLUTION NO. 138.90
FINAL ESTIMATE
Whereas, the contract for the Rehabili-
tation: Interior Walls Keyline Transit Facility
has been completed and the City Engineer
has submitted his final estimate showing the
cost thereof including the cost of estimates,
notices and inspection and all miscellaneous
costs;
NOW, THEREFORE, BE IT
RESOLVED, BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to be
$151,287.55 and the said amount shall be
paid from UMTA Funds -80% and Local
Funds -20% of the City of Dubuque, Iowa
Passed, approved and adopted this 2nd
day of April, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
There being no further business, Council
Member Pratt moved to adjourn the meeting.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Meeting adjourned at 12:02 a.m., April 3,
1990.
Mary A. Davis
City Clerk
Approvedr/7-
Adopted Ja /47'
153
1991.
1991.
Council Members
Attest:
City Clerk
154
Regular Session, April 16, 1990
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, April 16, 1990.
Council met at 7:30 p.m, Public Library
Auditorium
Present: Mayor Brady, Council Members
Deich, Heckmann, Klueaner, Nicholson,
Pratt, Voetberg, Assistant City Manager
Stephani Johnson, Corporation Counsel
Barry A. Lindahl.
Absent: City Manager W. Kenneth
Gearhart.
Mayor Brady read the call and stated this
is the regular meeting of the City Council
called for the purpose to act upon such
business which may properly come before
the Council.
Invocation was given by Rev. Kenneth
Bickel, Pastor of the First Congregational
United Church of Christ
PROCLAMATIONS: April 22-28 as
"National Volunteer Week"; Recognizing
Earth Day and Environmental Rights for
April 22, 1990 received by Mary Rose
Corrigan, Tom Bylund and Mike Breitbach;
April 28, 1990 as "Arbor Day" received by
Steve Pregler, Month of April as "Fair
Housing Month"; April 27, 1990 as
"National Youth Service Day"; April 28,
1990 as "Workers Memorial Day" received
by Francis Giunta Transit Manager Bill
Kohler presented a token of appreciation to
the Council Members.
Council Member Kluesner moved that the
rules be suspended to allow anyone present
to address the Council if they so desire.
Seconded by Council Member Pratt. Carried
by the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Proof of Publication, certified to by the
Publisher, on Notice of Public Hearing to
consider the UMTA Section 9 and Iowa
DOT Program of Projects consisting of
operating assistance from UMTA and Iowa
DOT and Keyline shop items, presented and
read. There were no written objections re-
ceived and no oral objectors present at the
time of the Hearing.
Council Member Kluesner moved that the
proof of publication be received and filed.
Seconded by Council Member Pratt. Carried
by the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Proof of Publication, certified to by the
Publisher, on Notice of approving documents
submitted by Blue Moon Development Com-
pany for redeveloping of Urban Renewal
Land, presented and read.
Mr. Wayne Norman, representing Blue
Moon Development Co., spoke to the matter.
Let the record show no qualified competing
proposals were submitted.
Council Member Voetberg moved that the
proof of publication be received and filed.
Seconded by Council Member Pratt Carried
by the following vote: Yeas—Mayor Brady,
Council Members Deich, Kluesner,
Nicholson, Pratt, Voetberg. Nays -Council
Member Heckmann.
RESOLUTION NO. 139-90
A RESOLUTION DETERMINING
THAT THE PROPOSAL OF BLUE
MOON DEVELOPMENT COMPANY
(IOWA) 1.5 IN COMPLIANCE WITH
TERMS OF OFFERING FOR DISPO-
SITION OF BLOCKS 14, 14A AND
14B DUBUQUE DOWNTOWN
PLAZA TO BE KNOWN AS BLOCK
14 AND LOT A AND LOT B OF
BLOCK 14 DUBUQUE DOWN-
TOWN PLAZA.
Whereas, this Council, by Resolution No.
86-90 dated March 12, 1990, nominated the
City Clerk as agent of the City of Dubuque,
Iowa, to receive and open on April 16, 1990,
at 10:00 am. proposals in competition to the
proposal of Blue Moon Development Com-
pany (Iowa), referred to in said resolution for
the sale of Blocks 14, 14A and 14B
Dubuque Downtown Plaza to be known as
Block 14 and Lot A and Lot B of Block 14
Dubuque Downtown Plaza for redevelop-
ment only in accordance with the terms and
conditions set forth in said Resolution 86-90;
and
Whereas, the City Clerk has reported to
this Council that no qualified, competing
proposals were submitted.
Regular Session, April 16, 1990
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the report of the City
Clerk that no qualified competing proposal
was submitted by 10:00 am. on April 16,
1990, for redevelopment of Blocks 14, 14A
and 1411 Dubuque Downtown Plaza to be
known as Block 14 and Lot A and Lot B of
Block 14 Dubuque Downtown Plaza be re-
ceived, and filed and adopted.
Section 2. That it is hereby determined
that the proposal of Blue Moon Development
Company (Iowa), for redevelopment of said
property is the only proposal which satisfies
the terms and conditions of the offering set
forth in Resolution No. 86-90 adopted by
this Council on March 12, 1990.
Passed, approved and adopted this 16th
day of April, 1990.
Attest:
Mazy A. Davis
City Clerk
James E. Brady
Mayor
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Diech, Kluesner, Nicholson, Pratt, Voetberg.
Nays ---Council Member Heckmann.
RESOLUTION NO. 140-90
RESOLUTION ACCEPTING THE
PROPOSAL FOR SALE AND
REDEVELOPMENT OF BLOCKS 14,
14A AND 1411 DUBUQUE DOWN-
TOWN PLAZA TO BE KNOWN AS
BLOCK 14 AND LOT A AND LOT
B OF BLOCK 14 DUBUQUE
DOWNTOWN PLAZA, APPROVING
AGREEMENT FOR SAME, AND
AUTIIORIZING ACTIONS TO
IMPLEMENT SAID AGREEMENT.
Whereas, this Council, by Resolution No.
86-90 dated March 12, 1990:
1. Adopted terms and conditions for
offering Blocks 14, 14A and 1413 Dubuque
Downtown Plaza to be known as Block 14
and Lot A and Lot B of Block 14 Dubuque
Downtown Plaza, for sale and redevelop-
ment;
2. Determined that the proposal submitted
by Blue Moon Development Com
(Iowa), satisfies the requirements of Company
offering;
155
3. Declared its intent to accept the Blue
Moon Development Company (Iowa), pro-
posal and to enter into an Agreement for
Sale of Land for Ptivate Redevelopment by
and between the City of Dubuque and Blue
Moon Development Company (Iowa), in the
event no other qualified proposals were
timely submitted for redevelopment of said
property; and
4. Invited competing proposals which met
the terms and conditions of said offering to
be submitted to the City Clerk on or before
10:00 am, April 16, 1990; and
Whereas, on March 15, 1990, the text of
said Resolution was published as the official
notice of this offering and of the intent of
the City of Dubuque, Iowa, in the event no
other qualified proposals were timely sub-
mitted, to enter into the Agreement for Sale
of Land for Private Redevelopment by and
between the City of Dubuque and Blue
Moon Development Company (Iowa); and
Whereas, by separate Resolution of this
date, this Council has received and approved
as its own the report of the City Clerk that
no other qualified proposal was received;
and
Whereas, it is the determination of this
Council that acceptance of the proposal and
sale to and redevelopment of the disposition
parcel by Blue Moon Development Company
(Iowa), according to the temrs and conditions
set out in the attached is in the public
interest of the citizens of the City, and is
consistent with the City's Urban Renewal
Plan for the Downtown Dubuque Urban
Renewal Project as amended.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section I. That the attached Agreement
for Sale of Land for Private Redevelopment
by and between the City of Dubuque and
Blue Moon Development Company (Iowa),
is in the public interest of the citizens of the
City of Dubuque and in furtherance of the
City's Urban Renewal Project, and is hereby
approved.
Section 2. That the Mayor is hereby
authorized and directed to execute said
Agreement on behalf of the City and the
City Clerk is authorized and directed to attest
to his signature and to affix the seal of the
City to the same.
Section 3. That the City Manager is
authorized to take such actions as are
156
Regular Session, April 16, 1990
necessary to comply with the terms of the
Agreement as herein approved.
Passed, approved and adopted this 16th
day of April. 1990.
lames E. Brady
Mayr
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Kluesner, Nicholson, Pratt, Voetberg.
Nays—Council Member Heckmann.
Proof of Publication, certified to by the
Publisher, on Notice of approving documents
submitted by Ryan Construction Company
for redeveloping and acquiring Urban
Renewal Land, presented and read. Let the
record show no qualified competing pro-
posals were submitted.
Council Member Voetberg moved that the
proof of publication be received and filed.
Seconded by Council Member Deich.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
RESOLUTION NO. 141-90
Section 1. That the report of the City
Clerk that no qualified competing proposal
was submitted by 10:00 am. on April 16,
1990. for redevelopment of Blocks 12 and
12A Dubuque Downtown Plaza be received,
and filed and adopted.
Section 2. That it is hereby determined
that the proposal of Ryan Construction Com-
pany of Minnesota, Inc., for redevelopment
of said property is the only proposal which
satisfies the terms and conditions of the
offering set forth in Resolution No. 85-90
adopted by this Council on March 12, 1990.
Passed, approved and adopted this 16th
day of April, 1990.
lames E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Deich. Carred by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
A RESOLUTION DETERMINING
THAT THE PROPOSAL OF RYAN
CONSTRUCTION COMPANY OF
MINNESOTA INC., 15 IN COM-
PLIANCE WITH TERMS OF
OFFERING FOR DISPOSITION OF
BLOCKS 12 AND 12A DUBUQUE
DOWNTOWN PLAZA.
Whereas, this Council, by Resolution No.
85-90 dated March 12, 1990, nominated the
City Clerk as agent of the City of Dubuque,
Iowa, to receive and open on April 16, 1990,
at 10:00 am proposals in competition to the
proposal of Ryan Construction Company of
Minnesota, Inc., refereed to in said resolution
for the sale of Blocks 12 and 12A Dubuque
Downtown Plaza for redevelopment only in
accordance with the terms and conditions set
forth in said Resolution 85-90; and
Whereas, the City Clerk has reported to
this Council that no qualified, competing
proposals were submitted.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
RESOLUTION NO. 142-90
RESOLUTION ACCEPTING THE
PROPOSAL FOR SALE AND REDE-
VELOPMENT OF BLOCKS 12 AND
12A DUBUQUE DOWNTOWN
PLAZA, APPROVING AGREEMENT
FOR SAME, AND AUTHORIZING
ACTIONS TO IMPLEMENT SAID
AGREEMENT.
Whereas, this Council, by Resolution No.
85-90 dated March 12, 1990:
1. Adopted terms and conditions for
offering Blocks 12 and 12A Dubuque Down-
town Plaza, for sale and redevelopment;
2. Determined that the proposal submitted
by Ryan Construction Company of
Minnesota, Inc., satisfies the requirements of
said offering;
3. Declared its intent to accept the Ryan
Construction Company of Minnesota, Inc.,
proposal and to enter into an Agreement for
Sale of Land for Private Redevelopment by
and between the City of Dubuque and Ryan
Construction Company of Minnesota Inc., in
the event no other qualified proposals were
timely submitted for redevelopment of said
Property, and
Regular Session, April 16, 1990
4. Invited competing Proposals which met
the terms and conditions of said offering to
be submitted to the City Clerk on or before
10:00 am., April 16, 1990; and
Whereas, on March 15, 1990, the text of
said Resolution was published as the official
notice of this offering and of the intent of
the City of Dubuque, Iowa, in the event no
other qualified proposals were timely sub -
m iced, to enter into the Agreement for Sale
of Land for Private Redevelopment by and
between the City of Dubuque and Ryan Con-
struction Company of Minnesota, Inc.; and
Whereas, by separate Resolution of this
date, this Council has received and approved
as its own the report of the City Clerk that
no other qualified proposal was received;
and
Whereas, it is the determination of this
Council that acceptance of the proposal and
sale to and redevelopment of the disposition
parcel by Ryan Construction Company of
Minnesota, Inc., according to the terms and
conditions set out in the attached is in the
public interest of the citizens of the City, and
is consistent with the City's Urban Renewal
Plan for the Downtown Dubuque Urban
Renewal Project as amended.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the attached Agreement
for Sale of Land for Private Redevelopment
by and between the City of Dubuque and
Ryan Constmction Company of Minnesota,
Inc., is in the public interest of the citizens
of the City of Dubuque and in furtherance of
the City's Urban Renewal Project, and is
hereby approved.
Section 2. That the Mayor is hereby
authorized and directed to execute said
Agreement on behalf of the City and the
City Clerk is authorized and directed to attest
to his signature and to affix the seal of the
City to the same.
Section 3. That the City Manager is
authorized to take such actions as are neces-
sary to comply with the terms of the Agree-
ment as herein approved.
Passed, approved and adopted this 16th
day of April, 1990.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
157
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Deich. Carried by the following
vote- Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Proof of Publication, certified to by the
Publisher, on Notice of Public Hearing to
consider vacating Lot A & Lot B of Block
15 of Dubuque Harbor Company's Addition.,
presented and read. There were no written
objections received and no oral objector
present at the time of the Hearing.
Council Member Voetberg moved that the
proof of publication be received and filed.
Seconded by Council Member Pratt. Carried
by the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
8'
An Ordinance Vacating a portion of 64'
wide streets, said Ordinance having been
presented and read at the Council Meeting of
April 2, presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 30-90
ORDINANCE VACATING A PORTION
OF 64 FOOT WIDE STREETS.
Whereas, the Iowa Department of Trans-
portation has requested the vacation of a
portion of Iowa Street, Camp Street, Water
Street and an alley; and
Whereas, the Iowa Department of Trans-
portation, has prepared and submitted to the
City Council a plat showing the vacated por-
tion of streets and alley and assigned a Lot
number thereof, which hereinafter shall be
known and described as Lot A & Lot B of
Block 15 of Dubuque Harbor Company's
Addition in the City of Dubuque, Dubuque
County, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has detemmined that this por-
tion of streets and alley is no longer required
for public use and vacating of said portion of
streets and alley known as Lot A & Lot B of
Block 15 of Dubuque Harbor Company's
Addition in the City of Dubuque, Dubuque
County, Iowa, should be approved.
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the real estate described
as Lot A & Lot B of Block 15 of Dubuque
158 Regular Session, AprII 16, 1990
Harbor Company's Addition in the City of
Dubuque, Iowa, be and the same is hereby
vacated.
Section 2. The City reserves unto itself a
perpetual easement including the right of
ingress and egress thereto, for the purpose of
erecting, installing, constructing, recon-
structing, repairing, owning, operating, and
maintaining water, sewer, drainage, gas, tele-
phone, tv. cable and electric lines as may be
authorized by the City of Dubuque, Iowa.
Passed, approved and adopted this 16th
day of April, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 28th day of April,
1990.
Mary A. Davis
City Clerk It 4/28
Council Member Voetberg moved final
adoption of the Ordinance. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas—Mayor Brady, Coun-
cil Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays—None.
Proof of Publication, certified to by the
Publisher, on Notice of Public Hearing to
consider disposing of City's interest in Lot A
& Lot 13 of Block 15 of Dubuque Harbor
Company's Addition, presented and read.
Council Member Voetberg moved that the
proof of publication be received and filed.
Seconded by Council Member Pratt. Carried
by the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt. Voetberg.
Nays—None.
RESOLUTION NO. 143-90
Whereas, pursuant to resolution and
published notice of time and place of
heating, published in the Telegraph Herald,
a newspaper of general circulation published
in the City of Dubuque, Iowa on 6th day of
April, 1990, the City Council of the City of
Dubuque, Iowa met on the 16th day of April,
1990, at 7:30 p.m. in the Public Library
Auditorium, 11th and Locust, Dubuque,
Dubuque County, Iowa to consider the
proposal for the sale of real estate described
as:
Lot B of Block 15 of Dubuque Harbor
Company's Addition in the City of
Dubuque, Iowa to the Iowa Department of
Transportation.
Lot A of Block 15 of Dubuque Harbor
Company's Addition in the City of
Dubuque, Iowa to Chicago Central and
Pacific Railroad Company.
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objec-
tions, oral or written, to the proposal to
dispose of interest of the City of Dubuque,
Iowa in the hereinabove described real estate
to the Iowa Department of Transportation
and the Chicago Central & Pacific Railroad
Company.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the disposal of the interest
of the City of Dubuque, Dubuque County,
Iowa in real property described as Lot B of
Block 15 of Dubuque Harbor Company's
Addition in the City of Dubuque, Iowa to the
Iowa Department of Transportation and Lot
A of Block 15 of Dubuque Harbor
Company's Addition in the City of Dubuque,
Iowa to the Chicago Central and Pacific
Railroad Company be and the same is
hereby approved.
Section 2. That the Mayor be authorized
and directed to execute a Quit Claim Deed,
and the City Clerk be and is hereby autho-
rized and directed to deliver said deed of
conveyance to the above names grantee upon
receipt of the purchase price in full.
Section 3. That the City Clerk be and is
hereby authorized and directed to record a
certified copy of this Resolution in the
Office of tlx: City Assessor, Dubuque
County Recorder and the Dubuque County
Treasurer.
Passed, approved and adopted this 16th
day of April, 1990.
James E. Brady
Mayor
Regular Session, AprII 16, 1990 159
Proof of Publication, certified to by the
Publisher, on Notice of Meeting of the City
Council of the City of Dubuque, on the
matter of the proposed issuance of
$3,000,000 Parking Revenue Bonds of said
City and the hearing on the issuance thereof,
presented and read. There were no written
objections received and no oral objectors
present at the time of the Hearing. Council
Member Voetberg moved that the proof of
publication be received and filed. Seconded
by Council Member Heckmann. Carried by
the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann. Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
RESOLUTION NO. 144-90
RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED
$3,000,000 PARKING REVENUE
BONDS.
Whereas, pursuant to notice published as
required by law, a public meeting and hear-
ing has been held upon the proposal to insti-
tute proceedings for the issuance of
$3,000,000 Parking Revenue Bonds for the
purpose of paying costs of the acquisition,
construction, remodeling, improving and
equipping of the municipal public parking
facilities enterprise of the City od Dubuque,
Iowa, including the construction of a multi-
level parking facility to be lorared at 5th and
Iowa Streets; and the extent of objections
received from residents or property owners
as to said proposed issuance of bonds has
been fully considered; and, accordingly the
following action is now considered to be in
the best interests of the City and residents
thereof:
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That this governing body does
hereby institute proceedings and takes addit-
ional action for the sale and issuance in the
manner required by law of $3,000,(00
Parking Revenue Bonds for the foregoing
purpose.
Section 2. The Clerk is authorized and
directed to proceed on behalf of the City
with the sale of said bonds, to select a date
for the sale thereof, to cause to be prepared
such notice and sale information as may
appear appropriate, to publish and distribute
the same on behalf of the City and otherwise
to take all action necessary to permit the sale
of said bonds on a basis favorable to the
City and acceptable to this governing body.
Passed and approved,
April, 1990.
Attest:
Mary A. Davis
City Clerk
this 16th day of
James E. Brady
Mayor
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Heckmann. Carried by the follow-
ing vote: Yeas—Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays—None.
Proof of Publication, certified to by the
Publisher, on Notice of Meeting of the City
Council of the City of Dubuque, on the
matter of the proposed issuance of $220,000
General Obligation Bonds (for an Essential
Corporate Purpose) of said city, and the
hearing on the issuance thereof, presented
and read. There were no written objections
received and no oral objectors present at the
time of the Hearing. Council Member
Voetberg moved that the proof of publication
be received and filed. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
RESOLUTION NO. 145-90
RESOLUTION INSTITUTING PRO-
CEEDINGS TO TAKE ADDITIONAL
ACTION FOR THE ISSUANCE OF
$220,000 GENERAL OBLIGATION
BONDS.
Whereas, pursuant to notice published as
required by law, this Council has held a
public meeting and hearing upon the pro-
posal to institute proceedings for the issuance
of $220,000 General Obligation Bonds for
the essential corporate purpose of paying
costs of construction, reconstruction,
extension, improvement, and equipping of
works and facilities useful for the collection
and disposal of surface waters and streams
and extensions and improvements to the
existing airport, and has considered the
extent of objections received from residents
or property owners as to said proposed
issuance of bonds; and, accordingly the
following action is now considered to be in
the best interests of the City and residents
thereof:
160 Regular Session, April 16, 1990
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That this Council does hereby
institute proceedings and takes additional
action for the sale and issuance in the man-
ner required by law of $220,000 General
Obligation Bonds for the foregoing essential
=Potato PutPose.
Section 2. The Clerka o is authorized
zed Cityhe nd
directed to proceed on
with the sale of said bonds, to select a date
for the sale thereof, to cause to be prepared
such notice and sale information as may
appear appropriate, to publish and distribute
the same on behalf of the City and this
Council and otherwise m sale to seid boall ntion
ds on
necessary to per
a basis favorable to the City and acceptable
to the Council.
Passed and approved this 16th day of
April, 1990.
James E. Brady
Mayor
tion between Main and Iowa Street, from 3rd
to 4th Street; and Resurfacing of the City
Parking Lot at 3rd and Iowa Streets.
Whereas, notice of hearing on plans,
specifications, Torn of contract, and esti-
mated cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the said plans, specifications, form
of contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said improve-
ments for said project
Passed, approved and adopt this 16th day
of April, 1990. Janes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Carried by the following vote:
yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Proof of Publication, certified to by the
Publisher, on Notice of Hearing on Plans and
Specifications for the alley re,construc-
tiorilrelocation between Main and Iowa
Street, from 3rd to 4th Street and resurfacing
of the City Parking Lot at 3rd and Iowa
Streets, presented and read. There were no
written objections received and no oral
objectors present at the time of the Hearing.
Council Member Kluesner moved that the
proof of publication be received and filed.
Seconded by Council Member Pratt. Carried
by the following vote: Yeas—Mayor yorBrady,
Council Members Deich,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
RESOLUTION NO. 146-90
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS.
Whereas, on the 28th day of March, 1990,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk
of Dubuque, Iowa for the Alley Reconstruc-
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Carried by the filMembers
following M
Yeas—Mayor Brady, Nicholson,
Deich, Heckmann, Kluesner,
Pratt, Voetberg. Nays—None.
Proof of Publication, certified to by the
Publisher, on Notice to Bidders of the
Receipt of Bids for the project and commun-
ication of City Manager recommending to
award contract for project to River y
Paving, Inc., presented and read.
Member Kluesner moved that the proof of
publication and communication be received
and filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
RESOLUTION NO. 147-90
AWARDING CONTRACT
Whereas, sealed proposals have been sub-
mitted by contractors for the Alley Recon-
struction Between Main and Iowa Street,
from 3rd to 4th Street and Resurfacing of
the City Parking Lot at 3rd and Iowa Streets
pursuant to Resolution No. 124-90 and
notice to bidders published in a newspaper
published in the City of Dubuque, Iowa on
the 5th day of April, 1990.
Whereas, said sealed proposals were
opened and read on the 10th day of April,
1990 and it has been determined that the bid
Regular Session, April 16, 1990
161
of River City Paving, Inc. of Dubuque in the
amount of $38,802.33 was the lowest bid for
the furnishings of all labor and materials and
performing the work as provided for in the
plans and specifications.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to River City
Paving, Inc. and the Manager be and is
hereby directed to execute a contract on
behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and
the approval of the contractor's bond, the
City Treasurer is authorized and instructed to
return the bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this 16th
day of April, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by Council
Member Pratt Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Proof of Publication, certified to by the
Publisher, on Notice of Hearing on Plans and
Specification for the Fairway Irrigation
System at the Bunker Hill Golf Course,
presented ai..1 read. There were no written
objections received and no oral objectors
present at the time of the Hearing. Council
Member Kluesner moved that the proof of
publication be received and filed. Seconded
by Council Member Pratt Carried by the
following vote: Yeas—Mayor Brady, Coun-
cil Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays—None.
RESOLUTION NO. 148-90
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS.
Whereas, on the 14th day of March, 1990,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk
of Dubuque, Iowa, for the fairway irrigation
system at the Bunker Hill Golf Course; and
Whereas, notice of hearing on plans,
specifications, farm of contract, and esti-
mated cost was published as required by law;
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the said plans, specifications, form
of contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said improve-
ments for said project.
Passed, approved and adopted this 16th
day of April, 1990.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Proof of Publication, certified to by the
Publisher, on Notice to Bidders of the
Receipt of Bids for the project and Com-
munication of City Manager recommending
to award contract for project to Midwest
Irrigation Company, presented and read.
Council Member Kluesner moved that the
proof of publication and communication be
received and filed Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
RESOLUTION NO. 149-90
AWARDING CONTRACT
Whereas, sealed proposals have been sub-
mitted by contractors for the design and con-
struction of a fairway irrigation system at the
Bunker Hill Golf Course, pursuant to Resol-
ution No. 100-90 and notice to bidders pub-
lished in a newspaper published in the City
of Dubuque, Iowa, on the 23rd day of
March, 1990; and
Whereas, said sealed proposals were
opened and read on the 10th day of April,
1990, and it has been determined that the bid
of the Midwest Irrigation Company of East
Dubuque, Illinois, in the amount of $108,000
was the lowest bid for the fumishings of all
labor and materials and performing the work
e1
162 Regular Session, AprII 16, 1990
as provided for in the plans and specifi-
cations;
NOW THEREFORE, 13E IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the contract for the above improve-
ment be awarded to the Midwest
e and Iris hereon
ation
Company and the Manager
directed to execute a contract on behalf of
the City of Dubuque for the complete per-
formance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and
the approval of the contractor's bond, the
City Treasurer is authorized
zed the iunstructed
dito
return the bid depositsof
ul
bidders.
Passed, approved and adopted this 16th
day of April, 1990.
lames E. Brady
Mayor
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the said plans, specifications, form
of contract and estimated costare
formhereby
of
approved as the plans, specifications,
contract and estimated cost for said improve-
ments for said project
Passed, approved and adopted this 16th
day of April, 1990.
lames E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Proof of Publication, certified to by the
Publisher, on Notice of Hearing on Plans and
ity No. 3,
Specifications
re�sen� andanrreeadd.. mac were no written
objections received and no oral objectors
present at the time of the Hearing. Council
Member Kluesner moved that the proof of
publication be received and filed. Seconded
by Council Member Pratt Carried by the
following vote: Yeas—Mayor Brady, Coun-
cil Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays—None.
RESOLUTION NO. 150-90
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS.
Whereas, on the 28th day of March, 1990,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk
of Dubuque. Iowa for the Parking Facility
No. 3; and
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Carried bythelMembers
vot:
YeasBrady,
Deichh,, Heckmann,
Council Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Proof of Publication, certified to by the
Publisher, on Notice to Bidders of the
Receipt of Bids for the project and Commun-
ication of City Manager recommending to
award contract for project, presented and
read. Council Member Kluesner moved that
the proof of publication and communication
be received and filed. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
RESOLUTION NO. 151-90
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Parking
Facility 83 pursuant to Resolution No. 116-
90 and noticebshed in the City of Dubuque,
to bidders published in a
newspaper published
Iowa on the 6th day of April, 1990.
Whereas, said sealed proposals were
opened and read on the 12th day of April,
1990 and it has been determined that the bid
of Mid-America sConstruction Company of
ount of
Iowa City.
$2,808,225.00 was the lowest bid for the
furnishings of all labor and materials and
performing the work as provided for in the
plans and specifications.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Whereas, notice of hearing on plans,
specifications, form of contract, and esti-
mated cost was published as required by law.
Regular Session, April 16, 1990
That the contract for the above improve-
ment be awarded to Mid-America Construc-
tion Company and the Manager be and is
hereby directed to execute a contract on
behalf of the City of Dubuque for the
complete performance of the work.
That the award of this contract to Mid-
America Construction Company is predicated
on the successful sale of $3,000,000.00 of
Parking Revenue Bonds on April 23, 1990.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and
the approval of the contractor's bond, the
City Treasurer is authorized and instructed to
return the bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this 16th
day of April, 1990.
lames E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Proof of publication, certified to by the
Publisher, on Notice of Public hearing to
consider an Ordinance providing for a Flood
Hazard Overlay District, presented and read.
There were no written objections received
and no oral objectors present at the time of
the Hearing. Council Member Heckmann
moved that the proof of publication be
received and filed. Seconded by Council
Member Kluesner. Caned by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
An Ordinance amending Appendix A of
the Code of Ordinances by enacting a new
Section 3-5.3 Flood hazard Overlay District,
said Ordinance having been presented and
read at the Council Meeting of April 2,
presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 31-90
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING
THAT THE CODE OF
ORDINANCES, CITY OF
DUBUQUE, IOWA, BE AMENDED
163
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS THE
ZONING ORDINANCE OF THE
CITY OF DUBUQUE, IOWA BY
DELETING SECTION 3-5.3 AND
ENACTING A NEW SECTION 3-5.3
FLOOD HAZARD OVERLAY
DISTRICT.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa be amended
by repealing Section 3-5.3 and enacting a
new Section 3-5.3 Flood hazard Overlay
District as follows:
"3-5.3 Flood Hazard Overlay District
A. General Purpose and Description.
The provisions of the Flood hazard Over-
lay District are intended to promote the pub-
lic health, safety, and general welfare and to
minimize the extent of floods and the losses
inured in flood hazard areas. The regula-
tions of this Section are designed to:
1) Restrict or prohibit uses which are
dangerous to health, safety, or property in
times of flooding or cause undue increases in
flood heights or velocities;
2) Require that uses vulnerable to floods,
including public facilities which serve such
uses, be provided with flood protection at the
time of initial construction;
3) Protect individuals from buying lands
which are unsuited for intended purposes
because of flood hazard; and
4) Assure that eligibility is maintained for
property owners in the City to purchase
flood insurance in the National Flood
Insurance Program.
B. Lands to Which Ordinance Applies.
This ordinance shall apply to all lands
within the jurisdiction of the City of
Dubuque shown on the Official Zoning Map
as being within the boundaries of the 100 -
year flood plain.
C. Establishment or Offldal Flood Plain
Zoning Map.
The Official Flood Plain Zoning Map,
together with all explanatory matter thereon
and attached thereto, is hereby adopted by
reference and declared to be a part of this
of
164 Regular Session, April 16, 1990
ordinance. The Official Zoning Map bears
the signature of the Mayor attested by the
City Qerk and shall be on file in the office
of the Planting Services Division. The Flood
Insurance Study and Flood Insurance Rate
Map(s) (FIRM) for the City of Dubuque,
dated September 6, 1989, are attached to and
made a part of the Official Flood Plain
Zoning Map.
D. Rules for Interpretation of District
Boundaries.
The boundaries of the zoning district shall
be determined by scaling distances on the
Official Flood Plain Zoning Map. Where
interpretation is needed as to the exact
location of the boundaries of the district as
shown on the Official Zoning Map, the Zon-
ing Administrator shall make the necessary
interpretation. The person contesting the
location of the district boundary shall be
given a reasonable opportunity to present
their case and submit technical evidence.
E. Compliance
No structure or land shall hereafter be
used and no structure shall be located, ex-
tended, converted or structurally altered to
cause a substantial improvement without full
compliance with the terns of this ordinance
and other applicable regulations which apply
to uses within the jurisdiction of this ordi-
nance. Existing structures which suffer sub-
stantial
ubstantial damage shall also be required to
meet full compliance with the terms of this
ordinance should the damaged structure be
repaired or rebuilt.
F. Abrogation and Greater Restrictions.
It is not intended by this ordinance to
repeal, abrogate or impair any existing
easements, covenants, or deed restrictions.
However, where this ordinance imposes
greater restrictions, the provisions of this
ordinance shall prevail. AB other ordinances
inconsistent with this ordinance are hereby
repealed to the extent of the inconsistency
only.
G. Interpretation.
In their interpretation and application, the
provisions of this ordinance shall be held to
be minimum requirements and shall be liber-
ally construed in favor of the governing
body and shall not be deemed a limitation or
repeal of any other powers granted by State
Statutes.
H. Warning and Disclaimer of Liability.
The degree of flood protection required
by this ordinance is considered reasonable
for regulatory purposes and is based on
engineering and scientific methods of study.
Larger floods may occur on ram occasions.
Flood heights may be increased by manmade
or natural causes, such as ice jams and
bridge openings restricted by debris. This
ordinance does not imply that areas outside
the flood plain districts or land uses per -
mined within such districts will be free from
flooding or flood damages. This ordinance
shall not create liability on the par of
Dubuque or any officer or employee thereof
for any flood damages that result from
reliance on this ordinance or any admini-
strative decision lawfully made thereunder.
1. Severability.
If any section, clause, provision or portion
of this ordinance is adjudged unconstitutional
or invalid by a court of competent jurisdic-
tion, the remainder of this ordinance shall
not be affected thereby.
J. Establishment of Zoning Districts.
The flood plain areas within the juris-
diction of this ordinance are hereby divided
into the following districts: Floodway Over-
lay District (FW), Floodway Fringe Overlay
District (FF) and General Flood Plain Over-
lay District (FP). The boundaries are shown
on the Official Flood Plain Zoning Map.
Within these districts all uses not allowed as
Permitted Uses are prohibited.
1) Floodway Overlay District (FW). The
Floodway Overlay District shall be consistent
with the boundaries of the floodway as
shown on the Official Flood Plain Zoning
Map Overlay and indicated on the FIRM
maps as Zone AE (hatched).
2) Floodway Fringe Overlay District (FF).
The Floodway Fringe Overlay District shall
be those areas shown as floodway fringe on
the Official Flood Plain Zoning Map and in-
dicated on the FIRM maps as Zone AE (not
hatched).
3) General Flood Plain Overlay District
(FP). The General Flood Plain Overlay Dis-
trict shall be those areas shown as being
within the approximate 100 -year flood boun-
dary on the Official Flood Plain Zoning Map
and indicated on the FIRM maps as Zone A.
Regular Session, April 16, 1990
K Floodway Overlay District (FW). 1
1) Permitted Uses: The following uses
shall be permitted within the Floodway
Overlay District to the extent they are not
prohibited by any other ordinance (or under-
lying zoning district) and provided they do
not include placement of structures, factory -
built homes, fill or other obstruction, the
storage of materials or equipment, excava-
tion, or alteration of a watercourse.
a) Agricultural uses such as general
fanning, pastae, grazing, outdoor plant
nurseries, horticulture, viticulture, truck
farming, forestry, sod fanning, and wild crop
harvesting.
b) Accessory uses of land for indus-
trial/commercial uses such as loading areas
ping areas, airport landing strips.
c) Private and public recreational uses
such as golf courses, tennis courts, ball
fields, driving ranges, archery ranges, picnic
grounds, transient camping and recreational
vehicle facilities, boat launching ramps,
swimming areas, parks, wildlife and nature
preserves, game farms, fish hatcheries, shoot-
ing preserves, target ranges, trap and skeet
ranges, hunting and fishing areas, hiking and
horseback riding trails.
d) Residential uses of land such as
lawns, gardens, parking areas and play areas.
e) Such other open space uses similar
in nature to the above uses.
2) Conditional Uses: The following uses
which involve structures (temporary or per
manent), fill, storage of materials or equip-
ment may be permitted only upon issuance
of a conditional use permit by the Zoning
Board of Adjustment as provided for in
Section O. Such uses must also meet the
applicable provisions of the Floodway
District Performance Standards.
1) Uses or structures accessory to
open -space uses.
2) Circuses, carnivals, and similar
transient amusement enterprises.
3) Drive-in theaters, new and used
car lots, roadside stands, signs,
and billboards.
4) Extraction of sands, gavel, and
other materials.
5) Marinas, boat rentals, docks,
piers, wharves.
165
6) Utility transmission lines,
underground pipelines.
7) Other uses similar in nature to the
above described uses and which
areconsistent with the general
spirit and purpose of this
ordinance.
3) Performance Standards.
All permitted or conditional uses must be
consistent with the need to minimize flood
damage and shall meet the following
applicable performance standards:
a) No use shall be permitted in the
Floodway Overlay District that would result
in any increase in the 100 year flood level.
Consideration of the effects of any develop-
ment on flood levels shall be based upon the
assumption that an equal degree of develop-
ment would be allowed for similarly situated
lands.
b) All uses within the Floodway Over-
lay District shall:
(I)
Be consistent with the need to
minimize flood damage.
(2) Useconstruction methods and
practices that will minimize flood
damage.
Use constmetion materials and
utility equipment that are resistant
to flood damage.
c) No use shall affect the capacity or
conveyance of the channel or floodway or
any tributary to the main stream, drainage
ditch, or any other drainage facility or
system.
(3)
d) Structures and sanitary and utility
systems, if permitted, shall meet the applic-
able performance standards of the Floodway
Fringe Overlay District and shall be con-
structed or aligned to present the minimum
possible resistance to flood flows.
e) Structures, if permitted, shall have a
low flood damage potential and shall not be
for human habitation.
f) Storage of materials or equipment
that am buoyant, flammable, explosive or
injurious to human, animal or plant life is
prohibited. Storage of other material may be
allowed if readily removable from the Flood -
way District within the time available after
flood warning.
166
Regular Session, April 16, 1990
g) Watercourse alterations or reloca-
tions (channel changes and modifications)
must be designed to maintain the flood
carrying capacity within the altered or
relocated portion. In addition, such altera-
tions or relocations must be approved by the
Department of Natural Resources.
h) Any fill allowed in the floodway
must be shown to have some beneficial pur-
pose and shall be limited to the minimum
amount necessary.
i) Pipeline river or stream crossings
shall be buried in the streambed and banks
or otherwise sufficiently protected to prevent
rupture due to channel degradation and
meandering or due to the action of flood
flows.
L. Floodway Fringe Overlay District
(Fn.
1) Permitted Uses: All uses within the
Floodway Fringe Overlay District shall be
permitted to the extent that they are not
prohibited by any other ordinance (or under-
lying zoning district) and provided they meet
applicable performance standards of the
Floodway Fringe Overlay District. However,
on the Mississippi River or on islands
therein, no use will be allowed unless
identified as not being a floodway area by
the Department of Natural Resources. In
which case, if a floodway area is identified,
the provisions of Section K Floodway Over-
lay District will apply.
2) Performance Standards: All uses must
be consistent with the need to minimize
flood damage and shall meet the following
applicable performance standards:
a) All structures shall be:
Adequately anchored to prevent
flotation, collapse or lateral
movement of the structure;
Constructed with materials and
utility equipment resistant to
flood damage; and
Constructed by methods and
practices that minimize flood
damage.
b) All new and substantially improved
stmctnres:
(1) Fully enclosed areas below the
"lowest floor" (not including
ements) that are subject to
flooding shall be designed to
automatically equalize hydrostatic
flood forces on exterior walls by
allowing for the entry and exit of
floodwaters. Designs for meeting
this requirement must be certified
by a professional engineer regist-
ered in the State of Iowa.
(2) New and substantially improved
structures must be adequately
anchored to prevent flotation,
collapse, or lateral movement of
the structure resulting from
hydrodynamic and hydrostatic
loads, including the effects of
buoyancy. Designs for meeting
this requirement must be certified
by a professional engineer regist-
ered in the State of Iowa.
New and substantially improved
structures must be constructed
with electrical, heating, venti-
lation, plumbing, and air condi-
tioning equipment and other ser-
vice facilities that are designed
and located so as to prevent
water from entering or accumu-
lating within the components
during conditions of flooding.
Designs for meeting this retluue-
ment must be certified by a pro-
fessional engineer registered in
the State of Iowa
(3)
Regular Session, April 16, 1990
ing basement) elevated a minimum of one
(1) foot above the 100 -year flood level, or
together with attendant utility and sanitary
systems, be floodproofed to such a level.
When floodprcofing is utilized, a profes-
sional engineer registered in the State of
Iowa shall certify that the floodproofing
methods used are adequate to withstand the
flood depths, pressures, velocities, impact
and uplift forces and other factors associated
with the 100 -year flood; and that the struc-
tures, below the 100 -year flood level, re
watertight with walls substantially imperme-
able to the passage of water. A record of the
certification indicating the specific elevation
(in relation to National Geodetic Vertical
Datum) to which any structures are flood -
proofed shall be maintained by the Zoning
Administrator.
167
protection equal to or greater than
one (1) foot above the 100 -year
flood elevation.
(4) Utilities such as gas or electrical
systems shall be located and con-
structed to minimize or eliminate
flood damage to the system and
the risk associated with such
flood damaged or impaired
systems.
e) Factory -built homes:
(1)
c) Residential buildings: All new or
substantially improved residential structures
shall have the lowest floor, including base-
ments, elevated a minimum of one (1) foot
above the 100 year flood level. Construction
shall be upon compacted fill which shall, at
all points, be no lower than one (1) foot
above the 100 year flood level and extend at
such elevation at least 18 feet beyond the
limits of any structure erected thereon.
Alternate methods of elevating (such as
piers) may be allowed, subject to favorable
consideration by the Board of Adjustment
and issuance of a variance, as provided for
in Section N herein, where existing topo-
graphy, street grades, or other factors
preclude elevating by fill. In such cases, the
methods used must be adequate to support
the structure as well as withstanding various
forces and hazards associated with flooding.
All new residential buildings shall be
provided with a means of access which will
be passable by wheeled vehicles during the
100 -year flood.
d) Non-residential buildings: All new
and substantially improved non-residential
buildings shall have the lowest floor (includ-
Factory -built homes including
those placed in existing factory -
built home parks or subdivisions
shall be anchored to resist flo-
tation, collapse, or lateral move-
ment
(2) Factory -built homes including
those placed in existing factory -
built hone parks or subdivisions
shall be elevated on a permanent
foundation such that the lowest
floor of the structure is a mini-
mum of one (I) foot above the
100 -year flood level.
4 Utility and Sanitary Systems:
(1) All new and replacement sanitary
sewage systems shall be designed
to minimize and eliminate infil-
tration of flood waters into the
system as well as the discharge of
effluent into flood water. Waste-
water treatment facilities shall be
provided with a level of flood
protection equal to or greater than
one (1) foot above the 100 -year
flood elevation.
(2) On-site waste disposal systems
shall be located or designed to
avoid impairment to the system
or contamination from the system
during flooding.
(3) New or replacement water supply
systems shall be designed to
minimize or eliminate infiltration
of flood waters into the system
Water supply treatment facilities
shall be provided with a level of
(5) All such systems shall be certi-
fied as meeting these require-
ments by a professional engineer
registered in the State of Iowa.
g) Storage of materials and equipment
that are flammable, explosive or injurious to
human, animal or plant life is prohibited un-
less elevated a minimum of one (1) foot
above the 100 -year flood level. Other mater-
ial and equipment must either be similarly
elevated or (i) not be subject to major flood
damage and be anchored to prevent move-
ment due to flood waters or (ii) be readily
removable from the area within the time
available after flood warning.
h) Flood control structural works such
as levees and flood walls shall provide, at a
minimum, protection from a 100 -year flood
with a minimum of three (3) feet of design
freeboard and shall provide for adequate in-
terior drainage. In addition, structural flood
control works shall be approved by the
Department of Natural Resources.
i) No use shall affect the capacity or
conveyance of the channel or floodway of
any tributary to the main stream, drainage
ditch, or other drainage facility or system.
j) Subdivisions (including factory -built
home packs and subdivisions) shall be con-
sistent with the need to minimize flood
damages and shall have adequate drainage
provided to reduce exposure to flood
damage. Development associated with sub-
division proposals shall meet the applicable
performance standards. Subdivision proposals
intended for residential development shall
provide all lots with a means of vehicular
access that will remain dry during occurrence
of the 100 -year flood.
k) The exemption of detached garages,
sheds, and similar structures less than 300
square feet in area from the 100 -year flood
elevation requirements may result in in-
creased premium rates for insurance cover-
age of the structure and contents; however,
said detached garages, sheds, and similar
accessory type structures are exempt from
168 Regular Session,
the 100 -year flood elevation requirements
when:
(1)
(2)
(3)
The structure shall not be used
for human habitation.
The structure shall be designed to
have low flood damage potential.
The structure shall be constructed
and placed on the building site so
as to offer minimum resistance to
the flow of floodwaters.
(4) Structures shall be firmly an-
chored to prevent flotation which
may result in damage to other
structures.
(5)
The structure's service facility
such as electrical and heating
equipment shall be elevated or
floodproofed to at least one (1)
foot above the 100 -year flood
level.
(6) All such structures shall be cert-
ified as meeting these require-
ments by a professional engineer
registered in the State of Iowa.
April 16, 1990
d) Residential uses of land such as
lawns, gardens, parking areas and play areas.
e) Such other open space uses similar
in nature to the above uses.
2) Conditional Uses: Any uses which in-
volve placement of structures, factory -built
homes, fill or other obstructions, the storage
of materials or equipment, excavation or
alteration of a watercourse may be allowed
only upon issuance of a conditional use
permit by the Zoning Board of Adjustment
as provided for in Section O. All such uses
shall be reviewed by the Deparunent of
Natural Resources to determine (i) whether
the land involved is either wholly or partly
within the floodway or floodway fringe and
(ii) the 100 -year flood level. The applicant
shall be responsible for providing the Depart-
ment of Natural Resources with sufficient
technical information to make the determina-
tion.
M. General Flood Plain Overlay District
(FP).
1) Permitted Uses: The following uses
shall be permitted within the General Flood
Plain Overlay District to the extent they are
not prohibited by any other ordinance (or
underlying zoning district) and provided they
do not include placement of structures,
factory -built homes, fill or other obstruction,
the storage of materials or equipment,
excavation, or alteration of a watercourse.
a) Agricultural uses such as general
farming, pasture, grazing, outdoor plant
nurseries, horticulture, viticulture, truck
fanning, forestry, sod farming, and wild crop
harvesting.
b) Accessory uses of land for indust-
rial/commercial uses such as loading areas,
parking areas, airport landing strips.
c) Private and public recreation uses
such as golf courses, tennis courts, ball
fields, driving ranges, archery ranges, picnic
grounds, transient camping and recreational
vehicle facilities, boat launching ramps,
swimming areas, parks, wildlife and nature
preserves, game farms, fish hatcheries, shoot-
ing preserves, target ranges, trap and skeet
ranges, hunting and fishing areas, hiking and
horseback riding trails.
3) Performance Standards:
a) All conditional uses, or portions
thereof, to be located in the floodway as
determined by the Department of Natural
Resources shall meet the applicable pro-
visions and standards of the Floodway
Overlay District
b) All conditional uses, or portions
thereof, to be located in the floodway fringe
as determined by the Department of Natural
Resources shall meet the applicable standards
of the Floodway Fringe Overlay District.
Regular Session, Aprii 16, 1990
(3) Record and maintain a record of
(i) the elevation (in relation to
National Geodetic Vertical
Datum) of the lowest floor of all
new or substantially improved
structures or (ii) the elevation to
which new or substantially im-
proved structures have been
floodproofed.
(4) Notify adjacent communities
and/or counties and the Depart-
ment of Natural Resources prior
to any proposed alteration or
relocation of a watercourse and
submit evidence of such notifi-
cations to the Federal Insurance
Administrator.
(5) Keep a record of all permits, con-
ditional uses, appeals, variances
and such other transactions and
correspondence pertaining to the
administration of this ordinance.
(6) Submit to the Federal Insurance
Administrator an annual report
concerning the community's part-
icipation, utilizing the annual
report form supplied by the
Federal Insurance Administrator.
(7) Notify the Federal Insurance
Administration of any annexa-
tions or modifications to the
community's boundaries as part
of the annual report.
169
(1) Description of and plans for the
work to be covered by the permit
for which application is to be
made.
(2) Description of the land on which
the proposed work is to be done
(i.e., lot, block, tract, street
address or similar description)
that will readily identify and
locate the work to be done.
(3) Identification of the use or
occupancy for which the pro-
posed work is intended.
(4) Elevation of the 100 -year flood.
(5) Elevation (in relation to National
Geodetic Vertical Datum) of the
lowest floor (including basement)
of the structure or of the level to
which a structure is to be flood -
proofed.
N. Administration.
1) Appointment, Duties and Responsi-
bilities of Zoning Administrator.
a) A Zoning Administrator designated
by the City Manager shall administer and
enforce this ordinance and will herein be
referred to as the Administrator.
b) Duties and responsibilities of the
Administrator shall include, but not neces-
sarily be limited to, the following:
(1) Review all flood plain develop-
ment permit applications to insure
that the provisions of this ordi-
nance will be satisfied.
(2) Review all flood plain develop-
ment permit applications to insure
that all necessary permits have
been obtained from federal, state
or local governmental agencies.
(8) Review subdivision proposals to
R.
such proposals are con-
sistent with the purpose of this
ordinance and advise the City
Council of potential conflicts.
2) Flood Plain Development Permit:
a) Permit Required. A Flood Plain
Development Permit issued by the Admini-
strator shall be secured prior to initiation of
any flood plain development (any man-made
change to improved or unimproved real
estate, including but not limited to buildings
or other structures, mining, filling, grading,
paving, excavation or drilling operations)
including the placement of factory -built
homes in both the Floodway, Floodway
Fringe and General Flood Plain Overlay
Districts.
b) Application for Permit Application
for a Flood Plain Development Permit shall
be made on forms supplied by the Admini-
strator and shall include the following infor-
mation.
(6) For structures being improved or
rebuilt, the estimated cost of
improvements and market value
of the structure prior to the
improvements.
(7) All certifications by a profes-
sional engineer registered in the
State of Iowa as requited by this
ordinance.
(8) Such other information as the
Administrator deems reasonably
necessary for the purpose of this
ordinance.
c) Action for Permit Application. The
Administrator shall make a determination as
to whether the proposed flood plain develop-
ment meets the applicable provisions and
standards of this ordinance and shall approve
or disapprove the application. For dis-
approvals, the applicant shall be informed, in
writing, of the specific reasons therefore. The
Administrator shall not issue permits for
conditional uses or variances except as
directed by the Zoning Board of Adjustment
d) As Built Certification. The applicant
shall be requited, prior to the use or occup-
ancy of any structure or development, to
submit certification by a professional engi-
neer registered in the State of Iowa that the
work authorized by the Flood Plain Develop-
ment Permit was accomplished in com-
pliance with this ordinance. Any use,
arrangement, or construction in conflict with
that authorized shall be deemed a violation
of this ordinance.
170 Regular Session, AprII 16, 1990
O. Zoning Board of Adjustment Action.
The Zoning Board of Adjustment shall
hear and decide applications for
Conditional Uses, Appeals and
Variances
1) Conditional Uses: Requests for con-
ditional uses shall be submitted to the
Administrator, who shall foward such to the
Zoning Board of Adjustment for consider-
ation. Such requests shall include inform-
ation
nformation ordinarily submitted with applications
as well as any additional information deemed
necessary to the Zoning Board of Adjust-
ment
2) Appeals: Where it is alleged there is
any error in any order, requirement, decision,
or determination made by an administrative
official in the enforcement of this ordinance,
the aggrieved party may appeal such action.
The notice of appeal shall be filed with the
Zoning Board of Adjustment and with die
official from whom the appeal is taken and
shall set forth the specific reason for the
appeal. The official from whom the appeal is
taken shall transmit to the Zoning Board of
Adjustment all the papers constituting the
record upon which the action appealed from
was taken.
3) Variances: The Zoning Board of
Adjustment may authorize, upon request in
specific cases, such variances from the terms
of this ordinance that will not be contrary to
the public interest, where owing to special
conditions a literal enforcement of the
provisions of this ordinance will result in
unnecessary hardship. Variances granted
must meet the following applicable stan-
dards:
a) No variance shall be granted for any
development within the Floodway Overlay
District which would result in any increase
in the 100 -year level. Consideration of the
effects of any development on flood levels
shall be based upon the assumption that an
equal degree of development would be
allowed for similarly situated lands.
b) Variances shall only be granted upon
(i) a showing of good and sufficient cause,
(ii) a determination that failure to grant the
variance would result in exceptional hardship
to the applicant, and (iii) a determination that
the granting of' the variance will not result in
increased flood heights, additional threats to
public safety, or extraordinary public ex-
pense, create nuisances. or cause fraud on or
victimization of the public.
c) A variance shall only be granted
upon a determination that the variance is the
minimum necessary, considering the flood
hazard, to afford relief.
d) In cases where the variance involves
a lower level of flood protection for struc-
tures than what is ordinarily required by this
ordinance, the applicant shall be notified in
writing over the signature of the Zoning
Administrator that (i) the issuance of a
variance will result in increased premium
rates for flood insurance up to amounts as
high as $25 for $100 of insurance coverage
and (ii) such construction increases risks to
life and Imola-ay.
e) All variances granted shall have the
concurrence � approval of the Department
of Natural Resources.
4) Zoning Board of Adjustment Decis-
ions: In passing upon requests for condi-
tional uses and variances, the Zoning Board
of Adjustment shall consider all relevant
factors specified in other sections of this
ordinance and:
a) The danger to life and property due
to increased flood heights or velocities
caused by encroachments.
b) The danger that materials may be
swept on to other lands or downstream to the
injury of others.
c) The proposed water supply and
sanitation systems and the ability of these
systems to prevent disease, contamination
and unsanitary conditions.
d) The susceptibility of the proposed
facility and its contents to flood damage and
the effect of such damage on the individual
owner.
e) The importance of the services
provided by the proposed facility to the
community.
t) The requirements of the facility for
a flood plain location.
g) The availability of alternative
locations not subject to flooding for the
proposed use.
h) The compatibility of the proposed
use with existing development and develop-
ment
evelopment anticipated in the foreseeable future.
i) The relationship of the proposed use
to the comprehensive plan and flood plain
management program for the area
Regular Session, April 16, 1990
j) The safety of access to the property
in times of flood for ordinary and emergency
vehicles.
k) The expected heights, velocity,
duration, rate of rise and sediment transport
of the flood water expected at the site.
1) Such other factors which are rele-
vant to the purpose of this ordi-
nance.
5) Conditions Attached to Conditional
Uses or Variances: Upon consideration of the
factors listed above, the Zoning Board of
Adjustment may attach such conditions to
the granting of conditional uses and vari-
ances as it deems necessary to further the
purpose of this ordinance. Such conditions
may include, but not necessarily be limited
to:
a) Modification of waste disposal and
water supply facilities;
in Limitation on periods of use and
operation;
c) Imposition of operational controls,
sureties and deed restrictions;
d) Requirements for construction of
channel modification, dikes, levees, and
other protective measures, provided such are
approved by the Department of Natural
Resources and are deemed the only practical
alternative to achieving the purposes of this
ordinance; and
e) ng
hall
be designed consistent tent measures
ith the flood pro-
tection elevation for the particular area, flood
velocities, durations, rate of rise, hydrostatic
and hydrodynamic forces, and other factors
associated with the regulatory flood and that
the applicant submit a plan or document
certified by a professional engineer registered
in the State of Iowa that the floodpmoofing
measures alt consistent with the regulatory
flood protection elevation and associated
flood factors for the particular area.
P. Definitions: Unless specifically defined
below, words or phrases used In this
Ordinance shall be Interpreted so as to
give them the meaning they have In
common usage and to give this ordi-
nance its most reasonable
application.
BASEMENT. Any enclosed area of a
structure which has its floor or lowest level
below ground level (subgrade) on all sides.
Also see "lowest floor".
171
DEVELOPMENT. Any man-made
change to improved or unimproved real
estate, including but not limited to buildings
or other structures, the storage of equipment
or materials, nrining, dredging, filling, grad-
ing, paving, excavation or drilling operations.
FACTORY -BUILT HOME. Any struc-
ture, designed for residential use, which is
wholly or in substantial part, made, fab-
ricated, formed or assembled in manufac-
turing facilities for installation or assembly
and installation on a building site. For the
purpose of this ordinance, factory -built
homes include mobile homes, manufactured
homes and modular homes and also include
park trailers, travel trailers and other similar
vehicles placed on a site for greater than 180
consecutive days.
FACTORY -BUILT HOME PARK A
parcel or contiguous parcels of land divided
into two or more factory -built home lots for
rent or sale.
FLOOD. A general and temporary
condition of partial or complete inundation
of normally dry, land auras resulting from the
overflow of streams or rivers or from the
unusual and rapid runoff of surface waters
from any source.
FLOOD ELEVATION. The elevation
floodwaters would reach at a particular site
during the occurrence of a specific flood. For
instance, the 100 -year flood elevation is the
elevation of flood waters related to the
occurrence of the 100 -year flood.
FLOOD INSURANCE RATE MAP.
The official map prepared as part (but
published separately from) the Flood
Insurance Study which delineates bah the
flood hazard areas and the risk premium
zones applicable to the community.
FLOOD INSURANCE STUDY, A study
initiated, funded, and published by the
Federal Insurance Administration for the
purpose of evaluating in detail the existence
and severity of flood hazards; providing the
City with the necessary information for
adopting a flood plain management program;
and establishing actuarial flood insurance
rates.
FLOOD PLAIN. Any land area suscep-
tible to being inundated by water as a result
of a flood.
FLOOD PLAIN MANAGEMENT. An
overall program of corrective and preventive
measures for reducing flood damages and
promoting the wise use of flood plains,
172 Regular Session, April 16, 1990
including but not limited to emergency
preparedness plans, flood control works,
flood -proofing and flood plain management
regulations.
FLOODPROOFING. Any combination
of structural and nonstructural additions,
changes, or adjustments to structures, in-
cluding utility and sanitary facilities, which
will reduce or eliminate flood damage to
such structures.
FLOODWAY. The channel of a river or
stream, and Gose portions of the flood plains
adjoining the channel, which are reasonably
required to carry and discharge flood waters
or flood flows so that confinement of flood
flows to the floodway area will not result in
substantially higher flood levels or flow
velocities.
FLOODWAY FRINGE. Those portions
of the flood plain, other than the floodway,
which can be filled, leveed, or otherwise
obstructed without causing substantially
higher flood levels or flow velocities.
LOWEST FLOOR. The floor of the
lowest enclosed area in a structure including
a basement except when all the following
criteria are met
1) The enclosed area is designed to satisfy
the provisions of Section L.2d(l); and
2) The enclosed area is unfinished (not
carpeted, drywalled, etc.) and used solely for
low damage potential uses such as building
access, parking or storage; and
3) Machinery and service facilities (e.g.,
hot water heater, furnace, electrical service)
contained in the enclosed area are located at
least one (1) foot above the 100 -year flood
level; and
4) The enclosed area is not a "basement"
as defined in this section.
In cases where the lowest enclosed area
satisfies criteria 1, 2, 3, and 4 above, the
lowest floor is the floor of the next highest
enclosed area that does not satisfy the
criteria above.
Regular Session, April 16, 1990
173
exceeded in any given year or which, on the
average, will be equalled or exceeded at least
once every one hundred (100) years.
STRUCTURE. Anything constructed or
erected on the ground or attached to the
ground, including, but not limited to, build-
ings, factories, sheds, cabins, factory -built
homes, storage tanks, and other similar uses.
SUBSTANTIAL DAMAGE. Damage of
any origin sustained by a structure whereby
the cost of restoring the structure to its
before damaged condition would equal or
exceed 50 percent of the market value of the
structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Any
improvement to a structure which satisfies
either of the following criteria:
1) Any repair, reconstruction, rehabili-
tation, addition or improvement of a struc-
ture, the cost of which would equal or
exceed 50 percent of the market value of the
structure either (i) before the improvement or
repair is started, or (ii) if the structure has
been damaged, and is being restored, before
the damage occurred. For the purposes of
this definition, "substantial improvement" is
considered to occur when the first alteration
affects the external dimensions of the
structure. The term does not, however, in-
clude any project for improvement of a
structure to comply with existing state or
local health, sanitary, or safety code
specifications which are solely necessary to
assure safe conditions for the existing use.
2) Any addition which increases the
original floor area of a building by 25
percent or more. All additions constructed
after September 6, 1989 shall be added to
any proposed addition in determining
whether the total increase in original floor
space would exceed 25 percent?
Section 2. That the foregoing amendment
has heretofore been approved by the
Planning and Zoning Commission of the
City of Dubuque, Iowa.
Passed, approved and adopted this 16th
day of April, 1990.
NEW CONSTRUCTION. Those struc-
tures or development for which the start of
construction commenced on or after the
effective date of the Flood Insurance Rate
Map (September 6, 1989).
ONE HUNDRED (100) YEAR FLOOD.
A flood, the magnitude of which has a one
(1) percent chance of being equalled or
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 4th day of May, 1990.
Mary A. Davis
City Clerk
1t 5/4
Council Member Heckmann moved final
adoption of the Ordinance. Seconded by
Council Member Kluesner. Carried by the
following vote: Yeas—Mayor Brady, Coun-
cil Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg Nays—None.
Proof of Publication, certified to by the
Publisher, on Notice of Public Hearing to
consider an Ordinance o revise and reenact
an electrical code for the City of Dubuque,
Iowa, presented and read. Council Member
Pratt moved that the proof of publication be
received and filed. Seconded by Council
Member Kluesner. Carried by the following
vote: Yeas—Mayor Brady Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of Iowa Chapter National
Electrical Contractors Association requesting
Council to delete the requirement in the
electrical code which establishes a one-to-
one work ratio (for every helper on the job
there must be a licensed journeyman), and an
Ordinance amending Code of Ordinances by
repealing Sections 18-1 through and includ-
ing Section 18-95 thereof and enacting new
Sections 18-1 and 18-2 in lieu thereof per-
taining to revising and reenacting an electric
code for the City of Dubuque and providing
for the issuance of Permits and Collection of
Fees therefor, presented and read. Council
Member Pratt moved that this be tabled to
the next (5-7-90) Council Meeting.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Deich, Kluesner,
Nicholson, Pratt, Voetberg. Nays --Council
Member Heckmann.
Proof of Publication, certified to by the
Publisher, on Notice of Public Hearing to
consider an Ordinance to revise and reenact
a plumbing code for the City of Dubuque,
Iowa, presented and read. Council Member
Voetberg moved that the proof of publication
be received and filed. Seconded by Council
Member Heckmann. Carried by the follow-
ing vote: Yeas—Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays—None.
An Ordinance amending Chapter 37 of
the Code of Ordinances by repealing such
Chapter and enacting a new Chapter 37 in
lieu thereof pertaining to revising and
reenacting a Plumbing Code for the City of
Dubuque, Iowa, regulating the erection,
installation, alteration, repairs, relocation,
replacement, addition to, use or maintenance
of plumbing equipment and systems within
the jurisdictional limits of the City of
Dubuque, Iowa; providing for the issuance of
permits and collection of fees therefore;
providing for the licensing of plumbing
contractors and journeymen and providing
for penalties for violation of said ordinance;
said Ordinance having been previously pre-
sented and read at the Council Meeting of
April 2, 1990, presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 32-90
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, AMENDING
CHAPTER 37 OF TILE CODE OF
ORDINANCES BY REPEALING SUCH
CHAPTER AND ENACTING A NEW
CHAPTER 37 IN LIEU THEREOF
PERTAINING TO REVISING AND
REENACTING A PLUMBING CODE FOR
THE CITY OF DUBUQUE, IOWA,
REGULATING THE ERECTION,
INSTALLATION, ALTERATION,
REPAIRS, RELOCATION,
REPLACEMENT, ADDITION TO, USE OR
MAINTENANCE OF PLUMBING
EQUIPMENT AND SYSTEMS WITHIN
THE JURISDICTIONAL LIMITS OF THE
CITY OF DUBUQUE, IOWA; PROVIDING
FOR THE ISSUANCE OF PERMITS AND
COLLECTION OF FEES THEREFOR;
PROVIDING FOR THE LICENSING OF
PLUMBING CONTRACTORS AND
JOURNEYMEN AND PROVIDING FOR
PENALTIES FOR VIOLATION OF SAID
ORDINANCE.
NOW E, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Section 37-1 of the Code
of Ordinances of the City of Dubuque, Iowa,
be amended by repealing Section 37-1 and
enacting a new Section 37-1 in lieu thereof as
follows:
Sec. 37-1. Uniform Plumbing Code -
Adopted.
Except as hereinafter added to, deleted,
modified or amended, there is hereby
adopted by reference as the plumbing code
of the City that certain plumbing code
known as the Uniform Plumbing Code,1988
Edition, including all appendices and in-
stallation standards as prepared and edited by
the International Association of Plumbing
and Mechanical Officials of Walnut,
California, and the provisions of such
plumbing code shall be controlling for the
174
Regular Session
installation, alteration, repair, relocation,
replacement, addition to and use a main-
tenance of plumbing equipment and systems
in all matters covered by such plumbing
code within the corporate limits of the City
and shall be known as the "Dubuque
Plumbing Code." A copy of the Uniform
Plumbing Code, 1988 Edition, as adopted,
shall be on file in the Office of the City
Clak for inspection.
Section 2. That Section 37-2 of the Code
of Ordinances of the City of Dubuque, Iowa
be amended as follows:
Sec. 37-2. Same - Amendments
The code adopted by Section 10-1 of this
chapter is amended as provided in this sec-
tion:
Sec. 20.1. "Administrative Authority," is
hereby amended by repealing such section
and enacting a new Section 20.1 in lieu
thereof as follows:
Administrative Authority
Sec. 20.L The Administrative Authority
shall be the Building Official who is duly
appointed to enforce this Code.
Sec. 20.2. Section 20.2, "Duties and
Powers of the Administrative Authority," is
hereby amended by repealing such section
and enacting a new section in lieu thereof as
follows:
Duties and Powers of the
Administrative Authority
Sec. 20.2 (a) General. The building
official is hereby authorized and directed to
enforce all the provisions of this code. For
such purposes the building official shall have
the powers of a police officer.
(b) Deputies. In accordance with
prescribed procedures and with the approval
of the city manager, the building official
may appoint such number of assistants, in-
spectors and other employees as shall be
authorized from time to time. The building
official may deputize such employees as may
be necessary to carry out the functions and
responsibilities of the building services
division.
(c) Right of entry. Whenever it is
necessary to make an inspection to enforce
the provisions of this code, or whenever the
building official or the building official's
authorized representative has reasonable
cause to believe that there exists in any
, AprII 16, 1990
building or upon any premises any condition
or violations of this code which make the
building or premises unsafe, insanitary,
dangerous or hazardous, the building official
or the building official's authorized represen-
tative may enter the building or premises at
all reasonable times to inspect or to perform
the duties imposed upon the building official
by this code, provided that if such building
or premises be occupied, the building official
shall first make a reasonable effort to locate
the owner or other person having charge or
control of the building or premises and re-
quest entry. If entry is refused the building
official or the building official's authorized
representative, the building official shall
have recourse to every remedy provided by
law to secure entry.
When the building official or the building
official's authorized representative shall have
first obtained a proper inspection warrant or
other remedy provided by law to secure
entry, no owner or occupant or person
having charge, care or control of any
building or premises shall fail or neglect,
after proper request is made as herein pro-
vided, to promptly permit entry therein by
the building official or the building official's
authorized representative for the purpose of
inspection and examination pursuant to this
code.
(d) Authority to disconnect utilities in
emergencies. The building official or the
building official's authorized representative
shall have the authority to disconnect
plumbing to a building, structure or equip-
ment regulated by this code in case of
emergency where necessary to eliminate an
in -mediate hazard to life or pr p...ty.
(e) Authority to order disconnection of
utilities. The building official or the building
official's authorized representative shall have
the authority to order disconnection of any
plumbing supplied to a building, structure or
equipment regulated by this code when the
building official ascertains that the equip-
ment or any portionthereof has become
hazardous or insanitary. Written notice of
such order to disconnect service and the
causes therefor shall be given within twenty-
four (24) hours to the owner and occupant of
such building, structure or premises, pro-
vided, however, that in cases of immediate
danger to life or property, such disconnection
may be made immediately without such
notice. The building official shall immed-
iately notify the serving utility in writing of
such order to disconnect.
(f) Authority to condemn equipment
Whenever the building official ascertains that
Regular Session, AprII 16, 1990
any plumbing, or portion thereof, regulated
by this code has become hazardous to life,
health, property, or has become insanitary,
the building official shall order in writing
that such plumbing either be removed or re-
stored to a safe or sanitary condition, as
appropriate. The written notice itself shall fix
a time limit for compliance with such order.
No person shall use or maintain defective
plumbing after receiving such notice.
When such plumbing is to be discon-
nected, written notice as prescribed in
section 20.2(e) shall be given. In cases of
immediate danger to life or property, such
disconnection may be made immediately
without such notice.
(g) Connection from order to
disconnect No person shall make connec-
tions from any energy, fuel, power supply or
water distribution system nor supply energy,
fuel or water to any equipment regulated by
this code which has been disconnected or
ordered to be disconnected by the building
official or the use of which has been ordered
to be discontinued by the building official
until the building official authorizes the
reconnection and use of such equipment
When any plumbing is maintained in viol-
ation of this code, and in violation of any
notice issued pursuant to the provisions of
this section, the building official may
institute any appropriate action tov
restrain, correct or abate the violation. ent,
Sec. 20.3. Section 20.3, "Violation and
Penalties," is hereby amended by repealing
such section and enacting a new section in
lieu thereof as follows:
Violation and Penalties
Sec. 20.3 The doing of any act, or the
omission of any act, declared to be unlawful
by this code, or any code or ordinance herein
adopted by reference shall be deemed a
separate offense for each and every day or
portion thereof during which any such
unlawful act is committed, continued or
permitted and upon conviction shall be
punishable as provided in Chapter I of the
Code of Ordinances. The penalty herein
provided shall be cumulative with and in
addition to the revocation, cancellation or
forfeiture of any license or permit elsewhere
in this code provided for violation thereof.
Sec. 20.4. Section 20.4, "Permit
Required," is hereby amended by repealing
such section and enacting a new section in
lieu thereof as follows:
175
See. 20.4. Plumbing Code Board.
(a) Board established. In order to
determine the suitability of altemative
materials and methods of installation; to
provide for reasonable interpretations of the
plumbing code, to serve as an appeal body
for the decisions of the building official; t
advise the city council on all plumbing
regulations and procedures; and to provide
for examining applicants for master plumbers
and journeyman plumbers licenses and
issuing master plumber and journeyman
plumbers licenses; there is hereby created the
plumbing code board.
(b) Membership. The plumbing code
board shall consist of five (5) members
appointed by the city council. One member
shall hold a license as a journeyman plumber
of at least five (5) years experience; two (2)
members shall be master plumbers who have
engaged in the plumbing business as master
plumbers for at least five (5) years in this
city; the fourth member shall be one who
holds a bachelor of science degree in the
area of physical sciences; and the fifth
member shall represent the public at large.
(c) Term of office. The term of office
of all board members shall be three (3)
years.
(d) Rules and regulations. The board
shall make such rules and prescribe such
procedures as may be reasonably necessary
for its operation, except that such rules shall
include the following:
(1) Board chairperson. The chair-
person of the board shall be a
member of the board elected
board. annually by a majority of the
(2) Secretary of the board. The build-
ing official, or the building
official's designee, shall be
secretary of the board. The secre-
tary shall arrange for meetings
and prepare and keep such
minutes and records and perform
such other clerical work as the
board may direct.
(3) Quorum. Three (3) members shall
constitute a quorum. The con-
curring vote of three (3) members
of the board shall be necessary to
pass any motion.
(4) Service until appointment of
successor. Upon completion of
the term of office, members of
'RIMS
176 Regular Session, April 16, 1990
the plumbing code board shall
continue to save in their full
capacity until their successor has
been duly appointed
(5) Matings. The plumbing code
board shall meet at least once
every three (3) months upon call
of the chairperson, secretary or
city manager. Members of the
plumbing code board shall attend
at least two-thirds (2/3) of all
scheduled meetings within a
twelve-month period If any
member does not attend such
prescribed number of meetings, it
shall constitute grounds for themto
board to recomendthe city
council that said member be
replaced.
(6) Attendance. The attendance of all
members shall be entered on the
minutes by the secretary.
Conformity with open meetings
law. All meetings shall be held in
conformance with provisions of
the Iowa Open Meetings Law.
Minutes. The plumbing code
board shall file with the city
council a copy of the minutes of
each meeting of the board within
ten (10) working days after such
meeting.
Administrative policies. All
administrative, personnel,
accounting, budgetary, and
procedural policies of the city
shall govern the plumbing code
board in all of its operations.
(7)
(8)
(9)
(10) Duties when serving as an
appeals board. Any person who is
aggrieved by a decision of the
building official on any require -
mens resulting from the enforce-
ment of the plumbing code, may
appeal from such decision to the
plumbing code board and said
board shall serve as an appeal
board. In case the aggrieved party
is a member of said board, said
member shall be disqualified as a
member of the board acting as an
appeal board, until the person
aggrieved has been heard and a
decision rendered.
The appeal shall be node by the person
aggrieved, giving written notice of such
appeal to the building official at the building
official's office within seven (7) days of
receipt of decision from which the appeal is
taken. The plumbing code board sitting as an
appeal board shall meet within seven (7)
days after receiving such notice and render a
decision within five (5) days thereafter. Any
interested party, including the building
official, shall have the right to present their
case to the appeal board, whose decision
shall be final unless appealed to the district
court as provided by law.
The board of appeals may reverse or
modify a decision of the building official
only on finding that:
a. The building official had incorrectly
interpreted the provision of this code;
b. The decision of the building official
creates an unnecessary hardship upon the
appellant.
In so modifying or reversing such
decision of the building official, the board of
appeals may authorize any alternate to the
decision of the building official and the
provisions, provided it finds the proposed
material or method of construction is
satisfactory for the use intended and
complies with the provisions of this code,
and that the material, method or work
offered is, for the purpose intended, at least
equivalent to that prescribed by this code in
suitability, strength, effectiveness, durability,
safety and sanitation.
The board of appeals shall require that
sufficient evidence or proof be submitted to
substantiate any claims made regarding the
use of alternates.
Sec. 20.5. Section 20.5, "Work Not
Requiring a Permit," is hereby amended by
repealing such section and enacting a new
section in lieu thereof as follows:
Sec. 20.5. Alternate Materials and
Methods of Construction.
The provisions of this code are not
intended to prevent the use of any material
or method of construction not specifically
prescribed by this code, provided any such
alternate has been approved and the use
authorized by the building official.
The building official may authorize any
alternate, provided the building official finds
the proposed design is satisfactory for the
intended use and complies with the provi-
sions of this code and that the material or
method of work offered is, for the purpose
intended, at least equivalent to that pre -
Regular Session
scribed by this code in suitability, strength,
effectiveness, durability, safety and sani-
tation.
The building official shall require that
sufficient evidence a proof be submitted to
substantiate any claims made regarding the
use of alternates. The details of any action
granting approval of an alternate shall be
recorded and shall be entered in the files of
the building services division.
Sec. 20.6. Section 20.6, "Application for
Permit," is hereby amended by repealing
such section and enacting a new section in
lieu thereof as follows:
Sec. 20.6. Modifications and Tests.
(a) Modifications. Whenever there are
practical difficulties involved in carrying out
the provisions of this code, the building
official may grant modifications for indivi-
dual cases, provided the building official
shall first find that special individual reason
makes the strict letter of this code imprac-
tical and the modification is in conformity
with the intent and purpose of this code and
that such modification does not lessen health,
life and fire safety requirements. The details
of action granting modifications shall be
recorded and entered in the files of the build-
ing services division.
(b) Tests. Whenever there is insuf-
ficient evidence of compliance with the pro-
visions of this code, or evidence that a
material or method does not conform to the
requirements of this code, or in order to
substantiate claims for alternate materials or
methods, the building official may require
tests as evidence of compliance to be made
at no expense to the jurisdiction.
Test methods shall be as specified in this
code or by other recognized test standards.
In the absence of recognized and accepted
test methods, the building official shall
specify the testing procedures.
All tests shall be performed by an
approved agency. Reports of tests shall be
retained by the building official for the
period required for retention of public
records.
Sec. 20.7. Section 20.7, "Cost of Permit,"
is hereby amended by repealing such section
and enacting a new section in lieu thereof as
follows:
, April 16, 1990 177
Sec. 20.7. Permits.
(a) Permits required. It shall be
unlawful for any person, firm or corporation
to make any installation, alteration, repair,
replacement or remodel any plumbing
system regulated by this code except as
permitted in subsection (b) of this section, or
cause the same to be done without first ob-
taining a separate plumbing permit for each
separate building or structure.
(b) Exempt work. A plumbing permit
will not be required for the following:
(1) The clearing of stoppages or
repairing of leaks in drains, soil,
waste or vent pipes; provided,
however, that should any con-
cealed trap, drainpipe, soil, waste
or vent pipe be removed and re-
placed with new material, the
same shall be considered as new
work and a permit shall be pro-
cured and inspection made.
(2) The clearing of stoppages or
repairing of leaks in piping
and/or valves when such repairs
do not involve or require the
replacement or rearrangement of
piping and/or valves.
(3) The replacement of inoperable,
broken or damaged fixtures,
faucets or tanks; provided,
however, that replacement items
meet the requirements of the
Dubuque Plumbing Code.
Sec. 20.8. Section 20.8, "All Wok to be
Inspected," is hereby amended by repealing
such section and enacting a new section in
lieu thereof as follows:
Sec. 20.8. Application for Permit.
(a) Application for permit. To obtain a
permit, the applicant must be a master
plumber licensed by the city except as pro-
vided by Sec. 20.13 of this code. The appli-
cant shall first file an application therefor in
writing on a form furnished by the code en-
forcement agency for that purpose. Every
such application shall:
(1) Identify and describe the work to
be covered by the permit for
which application is made.
(2) Describe the land on which the
proposed work is to be done by
legal description, street address,
or similar description that will
178
Regular Session,
(3)
readily identify and definitely
locate the proposed building or
work.
Indicate the use or occupancy for
which the proposed work is in-
tended.
(4) Be accompanied by plans, dia-
grams, computations and specifi-
cations and other data as required
in subsection (b) of this section.
Be signed by permittee or the
permittee's authorized agent, who
may be required to submit
evidence to indicate such autho-
rity.
(6) Give such other data and in-
fomation as may be required by
the building official.
(b) Plans and specifications. Plans,
engineering calculations, diagrams and other
data shall be submitted in one or more sets
with each application for a permit. The
building official may require plans, compu-
tations and specifications to be prepared by
an engineer or architect licensed by the state
to practice as such.
Exception: The building official may
waive the submission of plans, calculations
or other data if the building official finds
that the nature of the work applied for is
such that reviewing of plans is not necessary
to obtain compliance with this code.
(c) Information on plans and specifi-
cations. Plans and specifications shall be
drawn to scale upon substantial paper or
cloth and shall be of sufficient clarity to
indicate the location, nature and extent of the
work proposed and show in detail that it will
conform to the provisions of this code and
relevant laws, ordinances and regulations.
Sec. 20.9. Section 20.9, "Notification," is
hereby amended by repealing such section
and enacting a new section in lieu thereof as
follows:
(5)
Sec. 20.9. Permit Issuance.
April 16, 1990
specifications and other data filed therewith
conform to the requirements of this code and
other pertinent laws and ordinances, and that
the fees specified in Sec. 20.10 have been
paid, the building official shall issue a permit
therefor to the applicant.
When the building official issues the
permit where plans are required, the building
official shall endorse in writing or stamp the
plans and specifications "approved." Such
approved plans and specifications shall not
be changed, modified or altered without
authorization from the building official, and
all work shall be done in accordance with
the approved plans.
The building official may issue a permit
for the construction of a part of a plumbing
system before the entire plans and specifi-
cations for the whole system have been sub-
mitted or approved, provided adequate
information and detailed statements have
been filed complying with all pertinent
requirements of this code. The holder of
such permit may proceed at such holder's
own risk without assurance that the permit
for the entire building, structure or plumbing
system will be granted.
(b) Retention of plans. One set of
approved plans, specifications and comput-
ations shall be retained by the building
official until final approval of the work
covered therein. One set of approved plans
and specifications shall be returned to the
applicant, and said set shall be kept on the
site of the building or work at all times
during which the work authorized thereby is
in progress.
(c) Validity of permit. The issuance of
a permit or approval of plans and specifi-
cations shall not be construed to be a permit
for, or an approval of, any violation of any
of the provisions of this code or of other
ordinance of the City of Dubuque. No permit
presuming to give authority to violate or
cancel the provisions of this code shall be
valid.
(a) Issuance. The application, plans,
specifications and other data filed by an
applicant for permit shall be reviewed by the
building official. Such plans may be re-
viewed by other departments of this juris-
diction to verify compliance with applicable
laws under their jurisdiction. If the building
official finds that the work described in an
application for a permit and the plans,
Regular Session, April 16, 1990
become null and void if the work authorized
by such permit is not commenced within one
hundred eighty (180) days from the date of
such pemrit, or if the work authorized by
such permit is suspended or abandoned at
any time after the work is commenced for a
period of one hundred eighty (180) days.
Before such work can be recommenced, a
new permit shall be first obtained to do so,
and the fee therefor shall be one-half (1/2)
the amount required for a new permit for
such work, provided no changes have been
made or will be made in the original plans
and specifications for such work, and
provided further that such suspension or
abandonment has not exceeded one year.
Any pertittee holding an unexpired
permit may apply for an extension of the
time within which he may commence work
under that permit when he is unable to
commence work within the time required by
this section for good and satisfactory
reasons. The building official may extend the
time for action by the permittee for a period
not exceeding one hundred eighty (180) days
upon written request by the perdttee show-
ing that circumstances beyond the control of
the permittee have prevented action from
being taken. No permit shall be extended
more than once. In order to renew action on
a permit after expiration, the permittee shall
pay a new full permit fee.
(e) Suspension or revocation. The
building official may, in writing, suspend or
revoke a pemdt issued under the provisions
of this code whenever the permit is issued in
error or on the basis of incorrect information
supplied or in violation of other ordinance or
regulation of the City of Dubuque.
Sea 20.10. Section 20.10, "Stop Orders,"
is hereby amended by repealing such section
and enacting a new section in lieu thereof as
follows:
The issuance of a permit based upon
plans, specifications and other data shall not
prevent the building official from thereafter
requiring the correction of errors in said
plans, specifications and other data or from
preventing building operations being carried
on thereunder when in violation of this code
or of other ordinances of the City of
Dubuque.
(d) Expiration. Every permit issued by
the building official under the provisions of
this code shall expire by limitation and
See. 20.10. Fees.
179
within one hundred eighty (180) days follow-
ing the date of application shall expire by
limitation and plans and other data submitted
for review may thereafter be returned to the
applicant or destroyed by the building offi-
ciaL The building official may extend the
time for action by the applicant for a period
not exceeding one hundred eighty (180) days
upon request by the applicant showing that
circumstances beyond the control of the
applicant have prevented action from being
taken. No application shall be extended more
than once. In order to renew action on an
application after expiration, the applicant
shall resubmit plans and pay a new plan re-
view fee.
(d) Investigation fees: Work without a
permit
(a) Permit fees. The fee for each permit
shall be as set forth in Table No. 20-A.
(b) Plan review fees. When a plan or
other data are required to be submitted by
subsection (b) of Sec. 20.8, a plan review fee
shall be paid. The plan review fees for
plumbing work shall be as set forth in Table
No. 20-A. The plan review fees specified in
this subsection are separate fees from the
permit fees specified in Sec. 20.10(a) and are
in addition to the permit fees.
(c) Expiration of plan review.
Applications for which no permit is issued
(1) Investigation. Whenever any
work for which a permit is
required by this code has been
commenced without first ob-
taining said permit, a special
investigation shall be made
before a permit may be issued for
such work.
(2) Fee. An investigation fee, in
addition to the permit fee, shall
be collected whether or not a
permit is then or subsequently
issued. The investigation fee shall
be equal to the amount of the
permit fee that would be required
by this code if a permit were to
be issued. The payment of such
investigation fee shall not exempt
any person from compliance with
all other provisions of this code
nor from any penalty prescribed
by law.
(e) Inspection fees. A fee shall be paid
for inspections made outside of normal
business hours and for inspections for which
no fees are specifically indicated. Inspection
fees shall be as set forth in Table No. 20-A.
(0 Fee refunds.
0) The building official may auth-
orize the refunding of any fee
paid hereunder which was erron-
eously paid or collected.
(2) The building official may auth-
orize the refunding of not more
than eighty (80) percent of the
permit fee paid when no work
has been done under a permit
issued in accordance with this
code.
•
180
Regular Session, AprII 16, 1990
The building official may auth-
orize the refunding of not more
than eighty (80) percent of the
plan review fee paid when an
application for a permit for which
a plan review fee has been paid
is withdrawn or canceled before
any plan review effort has been
expended.
The building official shall not
authorize the refunding of any fee
paid except upon written applica-
tion filed by the original per-
mittee not later than one hundred
eighty (180) days after the date of
fee payment.
Sec. 20.11. Section 20.11, "Suspension or
Revocation," is hereby amended by repealing
such section and enacting a new section in
lieu thereof as follows:
(3)
See. 20.11. Inspections.
(a) General. All plumbing systems for
which a permit is required by this code shall
be inspected by the building official. No por-
tion of any plumbing system shall be con-
cealed until inspected and approved. Neither
the building official nor the city shall be
liable for expense entailed in the removal or
replacement of material required to permit
inspection. When the installation of a plumb-
ing system is complete, an additional and
final inspection shall be made. Plumbing
systems regulated by this code shall not be
connected to the water or energy or energy
fuel supply nor the sewer system until
authorized by the building official.
(b) Operation of plumbing equipment
The requirements of this section shall not be
construed to prohibit the operation of any
plumbing installed to replace existing equip-
ment or fixtures serving an occupied portion
of the building in the event a request for
inspection of such equipment or fixture has
been filed with the building official more
than forty-eight (48) hours after such re-
placement work is completed, and before any
portion of such plumbing system is con-
cealed by any permanent portion of the
plumbing.
(c) Testing of systems. All plumbing
systems shall be tested and approved as
required by this code.
(d) Inspection requests. It shall be the
duty of the person doing the work authorized
by a permit to notify the building official
that such work is ready for inspection. The
building official may require that every re-
quest for inspection be filed at least one
working day before such inspection is
desired. Such request may be in writing or
by telephone at the option of the building
official.
It shall be the duty of the person
requesting inspections required by this code
to provide access to and means for proper
inspection of such work
(e) Other inspections. In addition to the
railed inspections required by this code, the
building official may make or require other
inspections of any plumbing work to ascer-
tain compliance with the provisions of this
Cade and other laws which are enforced by
the building services division.
(1) Reinspection. A reinspection fee
may be assessed for each inspection or rein-
spection when such portion of work for
which inspection is called is not complete or
when required corrections have not been
made.
This provision is not to be interpreted
as requiring reinspection fees the first time a
job is rejected for failure to comply with the
requirements of this code, but as controlling
the practice of calling for inspections before
the job is ready for inspection or reinspec-
tion.
Reinspection fees may be assessed
when the approved plans are not readily
available to the inspector, for failure to
provide access on the date for which inspec-
tion is requested, or for deviating from plans
requiring the approval of the building offi-
cial.
To obtain reinspection, the applicant
shall file an application therefor in writing
upon a form furnished for that purpose and
pay the reinspection fee in accordance with
Table No. 20-A.
Regular Session, AprIl 16, 1990
which a permit is required until approved by
the building official.
(b) Other connections. No person shall
make connection from any water supply line
tar shall connect to any sewer system regu-
lated by this code and for which a permit is
required until approved by the building
official.
(c) Temporary connections. The
building official may authorize temporary
connection of the plumbing equipment a the
sours a of energy or fuel for the purpose of
testing the equipment.
Sec. 20.13. Section 20.13,
"Unconstitutionality," is hereby amended by
repealing such section and enacting a new
section in lieu thereof as follows:
Sec. 20.13. Licensing, Examination and
Registration of Plumbers Required.
(a) Definitions. As used in this section,
the following terms shall have the definitions
as specified herein:
In instances where reinspection fees
have been assessed, no additional inspection
of the work will be performed until the re-
quired fees have been paid.
Sec. 20.12. Section 20.12, "Liability," is
hereby amended by repealing such section
and enacting a new section in lieu thereof as
follows:
Sec 20.12. Connection Approval.
(a) Energy connections. No person
shall make connections from a source of
energy or fuel to any plumbing system or
equipment regulated by this code and for
(1) Apprentice shall mean any person
who does not hold a license as a
journeyman plumber or master
plumber and is assisting in the
installation, alteration or repair of
plumbing equipment and systems.
(2) Journeyman plumber shall mean
any person having the necessary
qualification, training, experience
and technical knowledge to do
plumbing work in accordance
with current plumbing ordinances
of the city.
(3) Master plumber shall mean a
person:
a. Engaged in the business of erecting,
installing, altering, repairing, relocating,
replacing, adding to or maintaining any
plumbing equipment or systems;
b. Skilled in the planning, supervising
and practical installation of plumbing equip-
ment and systems;
c. Familiar with the codes, rules and
regulations governing the installation of
Plumbing equipment in the city; and
d. Licensed under the provisions of this
chapter.
(b) Master plumber's license required.
Except for the specific exemption provided
181
by subsection (d) of this section, no person
shall engage in the business of erecting,
installing, altering, repairing, relocating,
replacing, adding to or maintaining any
plumbing equipment or systems within the
jurisdiction of the city without first obtaining
a master plumber's license.
(c) Employment of licensed plumbers
required. Master plumbers shall not employ
any person to install, alter, repair, replace,
remodel, add to or maintain any plumbing
equipment or system unless such person is a
licensed master plumber, licensed journey-
man plumber, or registered apprentice.
(d) Owner -occupant exemption. The
owner -occupant of a single family dwelling,
who resides, or will reside in that single-
family dwelling with no other person than
the members of the immediate family, may
personally perform plumbing work within
that building (excluding the building sewer
and water service pipe), without obtaining a
master plumber's or journeyman plumber's
license, provided that the owner -occupant
shall first apply for and obtain a permit from
the building official for such act required by
this code, and have all such work inspected
and approved by the building official and
conform with all other applicable require-
ments. No person qualifying for the owner -
occupant exemption shall be eligible for a
subsequent exemption on any other structure
for seven (7) years.
(e) Private sewer main exemption.
Private sewer mains larger than four (4)
inches in inside diameter may be installed on
the exterior of structures without obtaining a
master plumber's or journeyman plumber's
license; provided that plans have been filed
with and approved by the building official;
the City of Dubuque Engineering Services
Division has approved the plans and
provides field inspection for the project; and
that the person, firm or corporation doing the
work shall fust obtain a permit from the
building official for such act.
(1) Private water main exemption.
Private water main four (4) inches in inside
diameter and larger may be installed on the
exterior of structures without obtaining a
master plumber's or journeyman plumber's
license; provided that plans have been filed
with and approved by the building official;
the City of Dubuque Water Division has
approved the plans and provides field in-
spection for the project; and that the person,
firm or corporation doing the work shall first
obtain a permit from the building official.
182 Regular Session, April 16, 1990
(g) Qualifications - Master plumbers. A
master plumber shall have a general practical
knowledge of the purpose and method of the
construction of plumbing work, demonstrate
five years field experience in a supervisory
capacity, be competent to plan and supervise
the installation of plumbing and shall be
required to have knowledge of mechanical
drawing and pass a satisfactory examination
showing he has the above qualifications and
is entitled to a license as a master plumber.
(h) Qualifications - Journeyman plum-
bers. A journeyman plumber must be able to
read blueprints, do simple mathematical
problems, and must know the city plumbing
ordinances and the rules and regulations of
the local or state boards of health governing
plumbing. A journeyman plumber shall pass
an examination showing that said journey-
man plumber has the above qualifications
and is capable of performing practical
plumbing and is entitled to a license as a
journeyman plumber.
(i) Apprentices to be registered, fee;
employment of unregistered apprentices pro-
hibited.
rohibited. No master plumber shall hire or
employ or have in such master plumber's
employ, any apprentice to perform any
plumbing work unless the apprentice is
actually in the presence of and with a
licensed plumber. Every person who desires
to perform the work of an apprentice
plumber shall register their name as an
apprentice with the plumbing board at the
tint of entering such employment, and on or
before the first day of February of each year
thereafter so long as such employment shall
continue.
The apprentice shall be charged six
dollars and twenty-five cents ($6.25) regis-
tration initially, and annually thereafter upon
registration. No master plumber may hire or
employ, or have in such master plumber's
employ, any apprentice plumber who is not
registered with the plumbing board.
(j) Examination required; application fee;
reexamination upon failure of examination.
Any person desiring to be examined for a
license as a journeyman plumber or master
plumber as determined by this article, by the
plumbing board, shall make application to
the plumbing board on blanks furnished by
the board, setting forth information necessary
to establish such person's qualifications as
such; and payment of an examination fee of
twenty-five dofan ($25.00) for examination
for a master plumber, and twelve dollars and
fifty cents ($12.50) for examination for a
journeyman plumber. Persons failing an
examination in part or in whole, who desire
to take the exam again must file a new
application for the exam and pay the exam
fee. Persons passing the practical part of an
examination shall not be required to take the
practical part in subsequent examinations.
The fee for an examination shall not include
the fee for the issuing of the initial license.
(k) Fee for license issuance. Applicants
who successfully pass an examination shall
pay a fee of twenty-five dollars ($25.00) for
an initial raster plumber's license, or twelve
dollars and fifty cents ($1250) for an initial
journeyman plumber's license.
(1) Renewal of licenses, fee; failure to
renew. Licenses issued under this article may
be renewed annually upon payment of re-
newal fee on or before January thirty-first of
each year following the year in which the
license was first issued. The date of such
renewal shall be endorsed on the license. In
the event the holder of any such license shall
fail to renew the sane in the manner herein
provided, the license shall expire and a new
license shall not be issued without making
application for a new license paying the fee
therefor, and submitting to an examination as
required in the fust instance. The annual
renewal fee shall be twenty-five dollars
($25.00) for a master plumber's license and
twelve dollars and fifty cents ($12.50) for a
journeyman plumber's license.
(m) Revocation of licenses. In addition to
any other penalties, when any holder of a
license issued under the provisions of this
code shall have been convicted of more than
one violation of the provisions hereof, the
plumbing board may, in its discretion, revoke
such license, whereupon the holder shall, on
receipt of written notice of such revocation,
surrender such license.
Sea 20.14. Section 20.14, "Board of
Appeals," is hereby amended by repealing
such section.
Sec. 203. Section 203, "Use of Copper
Tubing," is hereby amended by repealing
such section and enacting a new section in
lieu thereof as follows:
See. 203. Use of Copper Tubing.
(a) Copper tube for underground
drainage and vent piping shall be tempered
copper tube Type L or Type K.
(b) Copper tube for aboveground
drainage and vent piping shall be Type L or
Type K.
Regular Session, Aprll 16, 1990
(c) Copper tube shall not be used for
chemical or industrial wastes as defined in
section 612 of this Code.
183
building, to the gutter or to a storm drainage
system.
(d) Copper tube for building supply
piping shall be Type K to the point of en-
trance to a building or structure. Water
distribution pipe within a building or
structure shall be Type L or Type K.
Exception: Type M copper tube may
be used in detached one- and two-family
dwellings within the structure only when
piping is aboveground or floor slab.
(e) In addition to the required incised
marking, all hand drawn copper tubing shall
be marked by means of a continuous and
indelibly colored stripe at least one-quarter
inch (6.4 mm) in width as follows: Type K,
green; Type L, blue; Type M, red; Type
DWV, yellow.
(1) Listed flexible water connectors
shall be installed in exposed locations.
Sec. 209. Section 209, "Backwater
Valves," is hereby amended by repealing
such section and enacting a new section in
lieu thereof as follows:
Sec. 209. Backwater Valves.
Backwater valves shall have bodies of
cast iron, brass, or other approved materials,
non -corrosive bearings, seats and self -
aligning discs, and shall be so constructed as
to insure a positive mechanical seal and to
remain closed, except when discharging
wastes. Such valves shall remain sufficiently
open during periods of low Bows to avoid
screening of solids and shall not restrict
capacities or cause excessive turbulence
during peak loads. Unless otherwise listed
valve access covers shall be bolted type with
gasket and each valve shall bear the
manufacturer's name cast into body and
cover. Backwater valves shall be installed so
that their working parts will be accessible for
service and repairs.
Sec. 304. Section 304, "Damage to
Drainage System or Public Sewer," is hereby
amended by repealing subsection (b) and
replacing such subsection with a new sub-
section in lieu thereof as follows:
Sec. 304. Damage to Drainage System
or Public Sewer.
(b) Roofs, inner courts, vent shafts,
light wells or similar areas having rain water
drain, shall discharge to the outside of the
The installation of sump pumps, sump
pump connections or gravity connections
which discharge or cause to be discharged,
any stone water, surface water, groundwater,
roof runoff, subsurface drainage, mterir and
exterior foundation drains or Boor drains
used for collecting storm water to any sani-
tary sewer is specifically prohibited
Sec. 318. Section 315, "Inspection and
Testing," is hereby amended by repealing
such section and enacting a new section in
lieu thereof as follows:
Sec. 318. Testing of Plumbing Work.
(a) Inspections.
0) Scope. All new plumbing work
and such portions of existing
systems as may be affected by
new work, or any changes, shall
be inspected by the building
official or a duly authorized
representative as required in
section 20.11 of this code.
(2) Responsibility. It shall be the
duty of the holder of a permit to
make sure that the work will
stand the test prescribed before
notifying the building official that
said work is ready for inspection.
(3) Test Tests shall be conducted in
the presence of the building
official or a duly authorized
representative.
(4) Retesting. If the building official
finds that the work will not pass
the required test, necessary cor-
rections shall be made and the
work shall then be resubmitted
for test or inspection.
(b) Testing.
(1) Responsibility. The equipment,
material and labor necessary for
inspection or tests shall be
furnished by the person to whom
the permit is issued or by whom
inspection is requested.
(2) Media. The piping of the plumb-
ing, drainage and venting systems
shall be tested with water or air.
The building official may require
the removal of any cleanouts,
etc., to ascertain if the pressure
184 Regular Session, April 16, 1990
has reached all parts of the
system. After the plumbing fix-
tures have been set and their
traps filled with water, they shall
be submitted to a final test.
(6)
3) Water teat The water test shall
be applied to the drainage and
vent system either in its entirety
or in sections. If applied to the
entire system, all openings in the
piping system shall be tightly
closed, except the highest open-
ing, and the system filled with
water to the point of overflow. If
the system is tested in sections,
each opening shall be tightly
plugged except the highest open-
ing of the section under test, and
each section shall be filled with
water, but no section shall be
tested with less than a ten -foot (3
m) head of water. In testing
successive sections, at least the
upper ten (10) feet (3 m) of the
next preceding section shag he
tested, so that no joint or pipe in
the building (except the upper-
most ten (10) feet (3 m) of the
system) shall have been sub-
mitted to a test of less than a ten -
foot (3 m) head of water. The
water shall be kept in the system,
or in the portion under test, for at
least fifteen (15) minutes before
inspection starts. The system shall
then be tight at all points.
(4) Air test. The air test shall be
made by attaching an air com-
pressor testing apparatus to any
suitable opening, and, after
closing all other inlets and outlets
to the system, forcing air into the
system until there is a uniform
gauge pressure of five (5) pounds
per square inch (34.SkPa) or suf-
ficient to balance a column of
mercury ten (10) inches (254 mm)
in height. The pressure shall be
held without introduction of addi-
tional airfor a period of at least
fifteen (15) minutes.
(5)
Building sewer test. The
building sewer shall be
inspected and approved by the
building official before being
concealed Neither the building
official nor the city shall be
liable for expense entailed in
the removal or replacement of
material requited to permit
inspection.
(7)
Water piping. Upon completion
of a section or of the entire hot
and cold water supply system, it
shall be tested and proved tight
under a water pressure test not
fess than the wotng pressure
under which it is to be used. The
water used for test shall be ob-
tained from a potable source of
supply. A fifty (50) pounds per
square inch (344.5kPa) air pres-
sure may be substituted for the
water test. In either method of
test, the piping shall withstand
the test without leaking for a
period of not less than fifteen 05)
minutes.
Defective systems. An air test
shall he used in testing the
sanitary condition of the drainage
or plumbing system of any build-
ing premises when there is reason
to believe that it has become
defective.
Regular Session, April 16, 1990
so placed that both upper and
under sides of the subpan shall be
subjected to the test at the point
where it is clamped to the drain.
Set 319. Section 319, " Maintenance," is
hereby amended by deleting such section.
Sec320. Section 320, "Existing Con-
struction," is hereby amended by deleting
such section.
Sec. 321. Section 321, "Health and Safety,"
is hereby amended by deleting such section.
Sec. 401. Section 401, "Materials," is
hereby amended by repealing such section
and enacting a new section in lieu thereof as
follows:
(8) Moved structures. MI parts of the
plumbing systems of any building
or structure that is moved into or
within the jurisdictional limits of
the city, shall be completely
tested as prescribed elsewhere in
this section for new work, except
that walls or floors need not be
removed for such test when other
equivalent means of inspection
acceptable to the building official
care provided.
(9) Test waived. No test or inspec-
tion shall be required where a
plumbing system, or part thereof,
is set up for exhibition purposes
and has no connection with a
water or drainage system.
(10) Exceptions. In cases where it
would be impractical ro provide
the aforementioned water or air
tests, or for minor installations
and repairs, the building official,
at the building official's discre-
tion, may make such inspection
as the building official deems
advisable in order to assure the
building official that the work has
been performed in accordance
with the intent of this code.
(B)
Tests for shower receptors.
Shower receptors shall be tested
for water tightness by filling with
water to the level of the rough
threshold. The test plug shall be
Sec. 401. Materials.
185
(a) Drainage piping aboveground within
buildings shall be of brass pipe, copper tube
Type L or Type K, cast-iron soil pipe, galva-
nized steel pipe, lead pipe, ABS or PVC-
DWV Schedule 40 plastic pipe.
(1) Galvanized steel pipe shall be
kept at least six inches (152.4
mm) aboveground.
(2) ABS and PVC pipes and fittings
shall be marked to show con-
formance with the standards in
the code. ABS and PVC instal-
lations are limited as follows:
a. No vertical stack shall exceed 35 feet
in height. No horizontal branch shall exceed
15 feet in length.
b. All installations shall be made in
accordance with manufacturer's recommend-
ations.
c. ABS and PVC piping installations
shall be limited to those structures where
combustible construction is allowed by the
building code.
d. Installations shall not be made in any
space where the surrounding temperature will
exceed 140 degrees F, or in construction of
any space where combustible materials are
prohibited by any applicable building code
or fire regulation, except where special
conditions require other than metal pipe, e.g.,
in acid waste or deionized water systems,
plastic pipe and other materials may be
approved by the building official.
Note: Installation of ABS and PVC
pipe beyond the limits of 'a' may be
approved by the building official for a
particular case provided it is certified by a
professional engineer or architect.
(b) Underground building drains shall
be of cast-iron soil pipe, tempered copper
tube Type L or Type K, ABS or PVC-DWV
Schedule 40 plastic pipe, or extra strength
vitrified clay pipe.
(1) Vitrified clay pipe shall be kept
at least twelve (12) inches (0.3 m)
below ground.
(c) Drainage fittings shall be of cast-
iron, malleable iron, lead, brass, copper,
ABS, PVC, vitrified clay or other approved
materials having a smooth interior waterway
of the same diameter as the piping served
and all such fittings shall conform to the
type of pipe used.
(1) Fittings on screwed pipe shall be
of the recessed drainage type.
Burred ends shall be reamed to
the full bore of the pipe.
(2) The threads of drainage fittings
shall be tapped so as to allow
one-fourth inch per foot (20.9
mm/m) grade.
Sec. 406. Section 406, "Cleanouts," is
hereby amended by repealing such section
and enacting a new section in lieu thereof as
follows:
Sec. 406. Cleanouts,
(a) Each horizontal drainage pipe shall
be provided with a cleanout at its upper
terminal and each run of piping, which is
more than one hundred (100) feet (30.4 m) in
total developed length, shall be provided
with a cleanout for each one hundred (100)
feet (30.4 m), or fraction thereof, in length
of such piping.
Exceptions:
0)
Cleanouts may be omitted on a
horizontal drain line less than five
(5) feet 0.5 m) in length unless
such line is serving sinks or
urinals.
(2) Cleanouts may be omitted on any
horizontal drainage pipe installed
on a slope of seventy-two (72)
degrees or less from the vertical
angle (angle of one-fifth (1/5)
bend).
186 Regular Session,
(3) Excepting the building drain and
its horizontal branches, a cleanout
shall not be required on any pipe
or piping which is above the first
floor of the building.
(4) An approved type of two-way
cleanout fitting, installed inside
the building wall near the con-
nection between the building
drain and building sewer or
installed outside of a building at
the lower end of a building drain
and extended to grade, may be
substituted for an upper terminal
cleanout
(b) Each vertical drainage pipe which
has a double sanitary tee installed shall be
provided with a cleanout within a distance of
thirty-six (36) inches above or below the
centerline of the sanitary tee.
(c) Each drainage pipe penetrating the
lowest floor level of any structure shall be
provided with a cleanout located not less
than six (6) nor more than thirty (30) inches
above the lowest floor level.
(d) An additional cleanout shall be
provided in a horizontal line for each
aggregate change of direction exceeding one
hundred and thirty-five (135) degrees.
(e) Each deanout shall be installed so
that it opens in a direction opposite to the
flow of the soil or waste or at right angles
thereto and, except in the case of "wye"
branch and end -of -line cleanouts, shall be
installed vertically above the flow line of the
Pipe.
(f) Each cleanout extension shall be
considered as drainage piping and each
ninety (90) degree cleanout extension shall
be extended from a "Y" type fitting or other
approved fitting of equivalent sweep.
(g) Each cleanout for an interceptor
shall be outside of such interceptor.
(h) Each cleanout unless installed
under an approved cover plate, shall be
above grade, readily accessible, and so
located as to serve the purpose for which it
is intended. Cleanouts located under cover
plates shall be so installed as to provide the
clearances and accessibility required by this
section.
AprII 16, 1990
Cleanouts in piping larger than two (2)
inches shall have a clearance of not less than
eighteen (18) inches in front of the cleanout
Cleanouts in underfloor piping shall be ex-
tended to or above the finished floor or shall
be extended outside the building when there
is less than eighteen (18) inches vertical and
thirty (30) inches horizontal clearance from
the means of access to such cleanout. No
underfloor cleanout in any residential occu-
pancy shall be located more than twenty (20)
feet from an access door, trap door or crawl
hole.
(i) Each cleanout in piping two (2)
inches or less in size shall be so installed
that there is a clearance of not less than
twelve (12) inches in front of the cleanout.
(j) Cleanout fittings shall be not less in
size than those given in Table 4-4.
(k) Cleanouts shall be provided for
pressure drainage systems as classified under
Section 409(g).
(1) Countersunk cleanout plugs shall be
installed where raised heads may cause a
hazard.
(m) When a hubless blind plug is used
for a required cleanout, the complete coup-
ling and plug shall be accessible for removal
or replacement
Sec. 409. Section 409, "Drainage of
Fixtures Located Below the Next Upstream
Manhole or Below the Main Sewer Level,"
is hereby amended by repealing subsection
(1) and replacing such subsection with a new
subsection in lieu thereof as follows:
Sec. 409. Drainage of Fixtures Located
Below the Next Upstream Manhole or
Below the Main Sewer Level.
(1) When subsoil drainage systems are
installed, they shall be discharged into an
approved sump or receiving tank and shall
be discharged in a manner satisfactory to the
administrative authority. The installation of
sump pumps or sump pump connections,
which discharge or cause to be discharged,
any storm water, surface water, groundwater,
roof runoff, subsurface drainage, including
interior and exterior foundation drains, floor
drains used for collecting storm water, un-
contaminated cooling water, or unpolluted
industrial process waters, to any sanitary
sewer, is specifically prohibited.
Exception: Air conditioning water, drip
pans, refrigeration water or cooling tower
water may be discharged into a sanitary
sewer if the same tortes from equipment so
designed that the total rate of discharge from
the premise served on such sewer cannot ex-
ceed five (5) gallons per minute.
Regular Session, April 16, 1990
Sec. 503. Section 503, "Materials," is
hereby amended by repealing such section
and enacting a new section in lieu thereof as
follows:
Sec. 503. Materials.
(a) Vent piping aboveground in
buildings shall be of brass pipe, copper pipe,
copper tube, Type L or Type K, cast-iron
soil pipe, galvanized steel pipe, lead pipe,
ABS or PVC -DW V Schedule 40 plastic pipe.
(1) No galvanized steel pipe shall be
used underground and shall be
kept at least six (6) inches
aboveground.
(2) ABS and PVC pipe and fittings
shall be marked to show con-
formance with the standards in
the code. ABS and PVC in-
stallations are limited as follows:
a. No vertical stack shall exceed 35 feet
in height. No horizontal branch shall exceed
15 feet in length.
b. All installations shall be made in
accordance with the manufacturers's recom-
mendations.
c. ABS and PVC installations shall be
limited to those structures where combustible
construction is allowed by the building en1e
d. Installations shall not be made in any
space where the surrounding temperature will
exceed 140 degrees F, or in construction
where combustible materials are prohibited
by any applicable building code or fire
regulation, except where special conditions
require other than metal pipe, e.g., in acid
waste or deionized water systems, plastic
pipe and other materials may be approved by
the administrative authority.
Note: Installation of ABS and PVC
pipe beyond the limits of 'a' may be
approved by the building official for a parti-
cular case, provided it is certified by a
professional engineer or architect.
(b) Vent piping underground shall be
cast-iron soil pipe, copper tube Type L or
Type K, ABS or DWV Schedule 40 plastic
pipe or extra strength vitrified clay pipe.
(1) Extra strength vitrified clay pipe
shall be used with compression
joints or couplings and shall be
kept at least twelve (12) inches
(0.3 m) below ground.
187
(c) Vent fittings shall be cast-iron,
galvanized malleable iron or galvanized
steel, lead, copper, brass, ABS, PVC or other
approved materials except that no galvanized
malleable iron or galvanized steel fittings
shall be used underground and shall be kept
at least six (6) inches (152.4 mm) above-
ground.
(d) Changes in direction of vent piping
shall be made by the appropriate use of
approved fittings and, with the exception of
copper tube, no such pipe shall be strained
or bent. Burred ends shall be reamed to the
full bore of the pipe.
Sec. 507. Section 507, "Vent Stacks and
Relief Vents," is hereby amended by revising
such section by adding a new subsection (c)
as follows:
Sec507. Vent Stacks and Relief Vents.
(c) A vent slack or a main vent shall be
installed with a soil or waste stack whenever
back vents, relief vents or other branch vents
are required in two or more branch intervals
or stories.
Sec. 508. Section 508, "Cleanouts," is
hereby added as a new section as follows:
Sec. 508. Cleanouts.
(a) Every vent pipe that penetrates the
lowest floor level shall be provided with a
cleanout located not less than six (6) nor
more than thirty (30) inches above the lowest
floor level.
(b) Each cleanout in piping two (2)
inches (50.8 mm) or less in size shall be so
installed that them is a clearance of not less
than twelve (12) inches (304.8 mm) in front
of the cleanout. Cleanouts in piping larger
than two (2) inches (50.8 mm) shall have a
clearance of not less than eighteen (18)
inches (.5 m) in front of the cleanout.
Cleanouts in underfloor piping shall be
extended to or above the finished floor or
shall be extended outside the building when
there is less than eighteen (18) inches (.5 m)
vertical and thirty (30) inches (.8 m)
horizontal clearance from the means of
access to such cleanout No underfloor
cleanout in any residential occupancy shall
be located more than twenty (20) feet (6.1 m)
from an access door, trap door or crawl hole.
(c) Cleanout fittings shall be not less in
size than those given in Table
4-4.
188
Regular Session,
Seo. 609. Section 609, "Cooling Water,"
is hereby amended by repealing such section
and enacting a new section in lieu thereof as
follows:
Sec. 609. Cooling Water. The discharge
of water used exclusively as a cooling
medium in an appliance, device or apparatus
to any sanitary sewer is specifically
prohibited.
Exception: Clean running water used
exclusively as a cooling medium in an
appliance, device or apparatus may discharge
into the drainage system if the same comes
from equipment so designed that the total
rate of discharge from the premise served on
such sewer cannot exceed five (5) gallons
per minute.
Table No. 7-1. Table No. 7-1, "Horizontal
Distance of Trap Arms (Except for Water
Closets and Similar Fixtures)" is hereby
amended by repealing such table and
enacting a new table in lieu thereof as
follows:
TABLE 7-1
HORIZONTAL DISTANCE OF TRAP
ARMS
(Except for Water Closets and
Similar Fixtures)
Trap Arm
Inches
11/4
1 1/2
2
3
4 & larger
Distance - Trap to Vent
Feet Inches
5 0
0
0
0
0
6
8
12
12
Sec. 1004. Section 1004, "Materials," is
hereby amended by repealing such section
and enacting a new section in lieu thereof as
follows:
Sec. 1004. Materials.
(a) Building supply water piping to the
point of entrance to the building shall be
made of copper tube Type K, or cast-iron
water pipe.
(b) Water distributing piping shall be of
brass pipe, copper tube Type L or Type K,
copper pipe, galvanized wrought iron pipe,
galvanized open-hearth pipe, galvanized steel
pipe or approved plastic pipe.
Exception: Type M copper tube may
be used in one- and two-family dwellings
April 16, 1990
within the structure only when piping is
aboveground or floor slab.
(c) All materials used in the water
supply system, except valves and similar
devices shall be of a like material, except
where otherwise specifically approved by the
building official.
(d) Cast-iron fittings up to and
including two (2) inches (50.8 mm) in size,
when used in potable water piping, shall be
galvanized.
(e) All malleable
shall be galvanized.
(0 Solder shall conform to the
requirements of Sec. 802(d).
Sec. 1102. Section 1102, "Damage to Public
Sewer or Private Sewage Disposal System,"
is hereby amended by repealing such section
and enacting a new section in lieu thereof as
follows:
on water fittings
Sec. 1102. Damage to Public Sewer.
(a) It shall be unlawful for any person
to deposit, by any means whatsoever, into
any plumbing fixture, floor drain, interceptor,
sump, receptacle or device which is con-
nected to any drainage system, public sewer
or private sewer any ashes, cinders, solids,
rags, flammable, poisonous or explosive
liquids or gases, oils, grease and any other
thing whatsoever which would, or could
cause damage to the public sewer or private
sewer.
(b) No storm water, surface water,
ground water, roof runoff, subsurface
drainage, interior or exterior foundation
drains or floor drains used for collecting
storm water shall be connected to or dis-
charged into any drainage system connected
to a public or private sanitary sewer.
(c) No septic tank, seepage pit or
drainfield shall be connected to any public
sewer or to any building sewer leading to
such public sewer.
(d) No commercial food waste grinder
shall be connected to a private sewage dis-
posal system unless permission has first been
obtained from the Administrative Authority.
(e) An approved type watertight sewage
or waste water holding tank, the contents of
which, due to their character, must be
periodically removed and disposed of at
some approved off-site location, shall be
installed only when required by the Admini-
Regular Session, April 16, 1990
strative Authority or the Health Officer to
prevent anticipated surface or subsurface
contamination or pollution, damage to the
public sewer, or other hazardous or nuisance
condition.
189
3. For each drain opening in a build-
ing,trailer or mobile home storm drain -
$10.00
Sec. 1105. Section 1105, "Size of Building
Sewers," is hereby amended by repealing
such section and enacting a new section in
lieu thereof as follows:
Sec. 1105. Size of Building Sewers The
size of any building sewer shall be deter-
mined on the basis of the total number of
fixture units drained by the sewer in accor-
dance with Table 4-3. The minimum dia-
meter for a building sewer shall be four (4)
inches.
Sec. 1107. Section 1107, "Cleanouts," is
hereby amended by adopting a new sub-
section (g) as follows:
See 1107. Cleanouts.
(g) A cleanout shall be provided in
each vertical waste or soil stack at a point at
least 42 inches above the base of the stack.
Appendix I. Appendix I, "Private Sewage
Disposal Systems," is hereby amended by re-
pealing such appendix.
Section 3. When Effective. This
Ordinance shall be in effect after its final
passage, approval and publication as required
by law.
TABLE NO. 20-A
PLUMBING PERMIT FEES
Permit Issuance
1. For the issuance of each permit -
$10.00
2. For issuing each supplemental permit -
$5.00
Unit Fee Schedule (in addition to item 1 or
2 above)
1. For each plumbing fixture or trap or set
of fixtures on one trap (including water,
drainage piping, venting, and backflow pro-
tection therefor) - $6.00
2. For installing, repairing or replacing
each building, trailer, or mobile home sani-
tary or storm sewer.
a. From city main to the property line -
$10.00
b. From the property line to the building,
trailer or mobile home - $10.00
4. For each cesspool - Cesspools are not
permitted.
5. For each building storm sewer to a
building - $10.00
6. For each water heater (with or without
vent) - 59.00
7. For each industrial or commercial
waste pretreatment interceptor including its
trap and vent, excepting kitchen type grease
interceptors functioning as fixture traps -
$10.00
8. For installation, alteration or repair of
water piping and/or water treating equip-
ment, except building, trailer, or mobile
home water service, each - $10.00
9. For repair or alteration of drainage or
vent piping, each fixture - $10.00
10. For each lawn sprinkler system or any
one meter including backflow protection
devices therefor - $10.00
11. For atmospheric type vacuum
breakers not included in items 2 or 10:
a. One to 5 -$10.00
b. Over 5 each - $2.00
12. For each backflow protective device
other than atmospheric -type vacuum breakers
- 510.00
13. For each gas piping system of one to
5 outlets - 510.00
14. For each gas piping system of 5 or
more outlets, per outlet - $2.00
15. For each building, trailer or mobile
home water service installed, replaced or
repaired:
a. From water main to property line -
$I0.00
b. From property line to building, trailer
or mobile home - $10.00
c. From private water supply to building,
trailer or mobile home - $10.00
Other Inspections
1. Inspections outside of normal business
hours (minimum charge 2 hours) per hour -
$30.00
190 Regular Session, April 16, 1990
2. Reinspection fee assessed under
provisions of Section 305 (f) per hour -
$30.00
3. Inspection for which no fee is
specifically indicated (minimum charge one-
half hour) per hour - $30.00
4. Plan review fee (minimum one hour
charge and charged in 12 -hour increments
beyond the first hour, plans which must be
sent to Kansas City for review will be
charged for ten (10) hours of review time)
per hour - $20.00
5. Additional plan review required by
changes, additions or revisions to previously
approved plans (minimum charge one-half
hour) per hour - $20.00
Passed, approved and adopted this 16th
day of April, 1990.
Janes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 4th day of May, 1990.
Mary A. Davis
City Clerk It 5/4
Council Member Voetberg moved final
adoption of the Ordinance. Seconded by
Council Member Heckmann. Carried by the
following vote: Yeas—Mayor Brady, Coun-
cil Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays—None.
Proof of Publication, certified to by the
Publisher, on Notice of Public Hearing to
consider an Ordinance relating to inspection
of swimming pools, spas, wading pools,
water slides, wave pools and bathhouses etc.,
presented and read. There were no written
objections received and no oral objectors
present at the time of the Hearing. Council
Member Voetberg moved that the proof of
publication be received and filed. Seconded
by Council Member Heckmann. Carried by
the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
An Ordinance amending Chapter 23,
Health and Sanitation, of the Code of
Ordinances, by adding thereto a new Section
23-36, adopting and incorporating by refer-
ence Iowa Administrative Code Chapter 641-
15, "Swimming Pools and Spas", relating to
Swimming Pools, Spas, Wading Pools,
Water Slides, Wave Pools and Bathhouses
connected to Swimming Pools, owned or
operated by Local or State Government, for
commercial interest or private entities
including, but not limited to, public or
private school corporation, hotels, motels,
camps, aparunents, condominiums, and
health or country clubs, and providing
minimum safety and water quality require-
ments relating to the construction, operation,
registration and inspection of swimming
pools and spas; qualifications for swimming
pool and spa operators and lifeguards; and
procedures for the Health Department to
provide for the inspection and enforcement
of such rules, said Ordinance having been
presented and read at the Council Meeting of
April 2, presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 33-90
AN ORDINANCE AMENDING
CHAPTER 23, HEALTH AND
SANITATION, OF TIIE CODE OF
ORDINANCE, CITY OF DUBUQUE,
IOWA, BY ADDING THERETO A NEW
SECTION 23-36, ADOPTING AND
INCORPORATING BY REFERENCE
IOWA ADMINISTRATIVE CODE
CHAPTER 641-15, "SWIMMING POOLS
AND SPAS," RELATING TO SWIMMING
POOLS, SPAS, WADING POOLS, WATER
SLIDES, WAVE POOLS AND
BATHHOUSES CONNECTED TO
SWIMMING POOLS, OWNED OR
OPERATED BY LOCAL OR STATE
GOVERNMENT, FOR COMMERCIAL
INTEREST OR PRIVATE ENTITIES
INCLUDING, BUT NOT LIMITED TO,
PUBLIC OR PRIVATE SCHOOL
CORPORATIONS, HOTELS, MOTELS
CAMPS, APARTMENTS,
CONDOMINIUMS, AND HEALTH OR
COUNTRY CLUBS, AND PROVIDING
MINIMUM SAFETY AND WATER
QUALITY REQUIREMENTS RELATING
TO THE CONSTRUCTION, OPERATION,
REGISTRATION AND INSPECTION OF
SWIMMING POOLS AND SPAS;
QUALIFICATIONS FOR SWIMMING
POOL AND SPA OPERATORS AND
LIFEGUARDS; AND PROCEDURES FOR
THE HEALTH DEPARTMENT TO
PROVIDE FOR THE INSPECTION AND
ENFORCEMENT OF SUCH RULES.
Whereas, the City of Dubuque Board of
Health desires to enter into a 28E Agreement
with the Iowa Department of Public Health
to provide for the inspection and en-
forcement of swimming pools and spas
within the city of Dubuque; and
Regular Session, AprII 16, 1990
Whereas, requirement of entering into
such 28E Agreement is the adoption by the
City of Dubuque Board of Health of Chapter
641-15 of the Iowa Administrative Code,
Swimming Pools and Spas, adopted by the
Iowa State Board of Health on January 10,
1990, effective March 14, 1990, a copy of
which chapter is attached hereto; and
Whereas, lowa Code Section 380.10
provides for the adoption by the City by
reference of Chapter 641-15 of the Iowa
Administrative Code; and
Whereas, the City has published notice of
a public hearing on the adoption of Chapter
641-15 of the Iowa Administrative Code and
held a public hearing thereon, as required by
Iowa Code Section 380.8;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE:
Section 1. Chapter 23 of the Code of
Ordinances, City of Dubuque, is hereby
amended by adding thereto the following
new Section 23-36.
Section 23-36.
City Clerk
191
Published officially in the Telegraph
Herald newspaper this 28th day of April,
1990.
Mary A. Davis
City Clerk
It 4/28
Council Member Voetberg moved final
adoption of the Ordinance. Seconded by
Council Member Heckmann. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
9:20 p.m. Recess Council Meeting
CITY OF DUBUQUE
BOARD OF HEALTH
There is hereby adopted and incorµnated
by reference Iowa Administrative Code
Chapter 641-23, "Swimming Pools and
Spas," adopted by the Iowa State Board of
Health on January 10, 1990, effective March
14, 1990, which applies to swimming pools,
spas, wading pools, water slides, wave pools
and bathhouses connected to swimming
pools, owned or operated by local or state
government, or commercial interests or pri-
vate entities, including, but not limited to,
public or private school corporations, hotels,
motels, camps, apartments, condominiums,
and health or country clubs, providing for
minimum safety and water quality require-
ments relating to the construction, operation,
registration and inspection of swimming
pools and spas; qualifications for swimming
pool and spa operators and lifeguards; and
procedures for health departments to provide
for the inspection and enforcement of such
rules.
Section 2. This
effect immediately
provided by law.
Passed, approved
day of April, 1990.
Ordinance shall take
upon publication as
Attest:
Mary A. Davis
and adopted this 16th
James E. Brady
Mayor
QUARTERLY
MEETING
Board met at 9:39 p.m., Public Library
Auditorium.
Present: Chairperson Brady, Board
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg.
Chairperson Brady mad the call and stated
this is the quarterly meeting of the Board of
Health called for the purpose to act upon
such business which may properly come
before the Board.
Board Member Kluesner moved that they
approve the Interagency Agreement between
Iowa Department of Public Health and the
City of Dubuque Board of Health. Seconded
by Board Member Pratt Carried by the
following vote: Yeas—Chairperson Brady,
Board Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays—None.
Communication of City Manager request-
ing Board Chairperson be authorized to sign
the renewal application, in conjunction with
the County Board of Health, giving consent
for the Visiting Nurse Association to receive
"Well Elderly Clinic" funding, presented and
read. Board Member Voetberg moved that
the communication be received and filed and
approved authorization. Seconded by Board
Member Pratt. Carried by the following vote:
Yeas—Chairperson Brady, Board Members
Deich, Heckmann, Kluesner, Nicholson,
192 Regular Session, April 16, 1990
Pratt, Voetberg. Nays -None.
Board Member Kluesner moved that they
adjourn the Board of Health meeting and
reconvene the Council Meeting. Seconded by
Board Member Heckmann. Carried by the
following vote: Yeas -Chairperson Brady,
Board Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays -None.
9:41 - Adjourned Board of Health
Meeting.
Mary A. Davis
Secretary. Board of Health
Kluesner, Nicholson, Pratt, Vicetberg,
Nays -None.
Approved
1991.
Ad
, 199
i
air
‘244.eibti,..e16AN\
-
Board Members
Attest:
tary, Board of Health
RESOLUTION NO. 152-90
RESOLUTION OF INTENTION OF
DISPOSING OF CITY INTEREST IN
LOTS 190, 191, 191A, 212, AND 213
ALL IN EAST DUBUQUE
ADDITION IN THE CITY OF
DUBUQUE, IOWA.
Whereas, Donald J. Herbst owner of
Dubuque Spring Company has stated an
interest in buying the property owned by the
City of Dubuque at the northeast corner of
14th and Elm Street; and
9:41 -Reconvened Council Meeting.
Communication of City Manager recom-
mending to dispose of City's interest in
property located at Northeast corner of 14th
& Elm Sts. and set matter for a public hear-
ing on May 7, 1990, presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Pratt Carried
by the following vote: Yeas -Mayor Brady,
Council Members Deich, Heckmann,
Whereas, Mr. Herbst intends to construct
a frame, steel type building on this lot with
the dimensions of approximately 60' x 150'
at an estimated cost of $1W,000.00; and
Whereas, Mr. Herbst is interested in
acquiring not only a Quit Claim Deed from
the City to develop this described property
but also a Quit Claim Title to the easterly
35' of Lots 212, 213, 214, 215 and 216 in
the East Dubuque Addition, this extension of
lots at one time being used by the Chicago
Northwestern Railroad but in resent years
has been abandoned for railroad purposes;
and
Whereas, the land identified as Lots 190,
191, 191A, 212, and 213 represents an area
of 18,944 square feet and where as the value
on this property has been established at
$2.18 per square foot or $41,325.00; and
Whereas, Donald J. Herbst, owner of
Dubuque Spring Company, has agreed to pay
$41,325.00 for this 18,944 square feet plus
$900.00 for any interest the City may have
in the extension of easterly 35' sections of
Lots 212, 213, 214, 215, and 216 in East
Dubuque Addition for a total purchase price
of $42,225.00 plus platting, publication and
recording costs.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Regular Session, April 16, 1990
City may have in the easterly 35' of Lots
212, 213, 214, 215, and 216 in East
Dubuque Addition.
Section 2. That all existing recorded
easements shall remain in effect
Section 3. That the property is sold on the
condition that a building shall be constructed
on the premises with the building dimensions
of 60' x 150' and an estimated value of
$100,000.00 within two years or the property
shall revert to the City free and clear of all
liens and encumbrances for 90% of the
purchase price as identified in this resolution.
Section 4. That the City of Dubuque
proposes to dispose of its interest in the
above described real estate with the
reservations identified herein for the
consideration and the payment of $42,225.00
plus the cost of platting, publication and
recording expenses.
Section 5. That the City Clerk is hereby
authorized and directed to cause a notice to
be published as prescribed under Chapter
364.7 - Disposal of Property - Code of Iowa,
1989 or as amended.
Passed, approved and adopted this 16th
day of April, 1990.
Section 1. That the City of Dubuque
intends to dispose of its interest in Lots 190,
191, 191A, 212, and 213 any interest the
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt Carried by the following vote:
Yeas -Mayo Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt Voetberg. Nays -None.
Communication of City Manager request-
ing approval to sell mal estate located at 272
Valeria Street and set matter for public hear-
ing on May 7, 1990, presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Pratt. Carried
by the following vote: Yeas -Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson Pratt, Voetberg.
Nays -None.
193
RESOLUTION NO. 153-90
A RESOLUTION OF INTENTION
TO DISPOSE OF CITY -OWNED
PROPERTY: LOT TWO (2) OF LOT
THIRTEEN (13) OF THE
SUBDIVISION OF LOTS 129, 131A,
131 AND 135A IN L. H.
LANGWORTHY'S ADDITION IN
THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
(GENERALLY KNOWN AND
ASSESSED AS WIELAND'S
SUBDIVISION) ACCORDING TO
THE RECORDED PLAT THEREOF;
ALSO KNOWN AS 272 VALERIA
STREET, DUBUQUE, IOWA.
Whereas, the City of Dubuque has soli-
cited and received offers to purchase for the
above referenced property in the amount of
$22,000 in accordance with an offer to buy
real estate attached hereto; and
Whereas, by accepting the selected offer
the City's objectives of recovery of a sub-
stantial part of its outstanding loan balance
and provision of hone ownership to a quali-
fying family can be achieved.
NOW, THEREFORE BE IT RESOLVED
BY THE CITY COUNCIL OF WE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque,
Iowa intends to dispose of its interest in the
following legally described property:
Lot two (2) of Lot Thirteen (13) of the
Subdivision of Lots 129, 131A, 131 and
135A in L. H. Langworthy's addition, in
the City of Dubuque, Dubuque County,
Iowa (generally known and assessed as
Wieland's Subdivision) according to the
recorded plat thereof.
Section 2. That the City of Dubuque,
Iowa proposes to dispose of its interest in the
hemin described real estate to Cheryl S.
Weber, for the consideration of $22,000 and
the terms of an offer to buy real estate
attached hereto.
Section 3. That this Council meet in the
Carnegie Stout Public Library Auditorium,
1Ith and Bluff Struts, Dubuque, Iowa at
7:30 p.m. on the 7th day of May, 1990 for
4
NMI
194 Regular Session, April 16, 1990
the purpose of taking action on the dispos-
ition of the herein described real estate in the
City of Dubuque, Iowa.
Section 4. That the City Clerk be and she
is hereby authorized and directed to cause a
notice to be published as prescribed under
Chapter 364.7, Disposal of Property -Code of
Iowa, 1987, or as amended.
Passed, approved and adopted this 16th
day of April, 1990.
Attest:
Mary A. Davis
City Clerk
lames E. Brady
Mayor
Regular Session, April 16, 1990
195
James E. Brady
Mayor
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Reich, Heckmann, Kluesner, Nicholson,
Pratt, Voetherg. Nays—None.
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Pratt Carred by the
following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Vcetberg.
Nays—None.
RESOLUTION NO. 155-90
RESOLUTION NO. 156.90
ORDERING BIDS
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of City Manager sub-
mitting documents providing for the bidding
procedures for the Installation of Pile Sheet-
ing along North shoreline of Ice Harbor, pm-
sented and read. Council Member Vcetberg
moved that the communication be received
and filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
RESOLUTION NO. 154-90
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS.
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifi-
cations, and form of contract and placed
same on file in the office of the City Clerk
for public inspection of the Installation of
Pile Sheeting Along North Shoreline of Ice
Harbor.
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS.
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
Installation of Pile Sheeting Along North
Shoreline of Ice Harbor, in the estimated
amount of $600,000.00, are hereby approved
and ordered filed in the office of the City
Clerk for public inspection.
Passed, approved and adopted this 16th
day of April, 1990.
NOW, THEREFORE, BE IT
RESOLVED, that on the 21st day of May,
1990, a public hearing will he held at 7:30
p.m. in the Public Library Auditorium at
which time interested persons may appear
and be heard for or against the proposed
plans and specifications, form of contract
and cost of said improvement, and the City
Clerk be and is hereby directed to cause a
notice of time and place of such hearing to
be published in a newspaper having general
circulation in the City of Dubuque, Iowa,
which notice shall be not less than four days
nor nu.,, than twenty days prior to the day
fixed for its consideration. At the hearing,
any interested person may appear and file
objections to the proposed plans, specifi-
cations, contract, or estimated cost of the
improvement
Passed, approved and adopted this 16th
day of April, 1990.
lames E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
BE IT RESOLVED BY THE COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Installation of Pile Sheeting
Along North Shoreline of Ice Harbor is
hereby ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that the
amount of the security to accompany each
bid shall be in an amount which shall
conform to the provisions of the notice to
bidders hereby approved as a pan of the
plans and specifications heretofore adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa,
which notice shall not be less than four days
nor more than twenty days prior to the
receipt of said bids at 2:00 p.m on the 10th
day of May, 1990. Bids shall be opened and
read by the City Clerk at said time and will
be submitted to the Council for final action
at 7:30 p.m. on the 21st day of May, 1990.
Passed, approved and adopted this 16th
day of April, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
cedutes for the Relocation of 3rd Street
Railroad Spurline project presented and
read. Council Member Voetherg moved that
the communication be received and filed.
Seconded by Council Member Heckmann.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
RESOLUTION NO. 157-90
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS.
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
Relocation of the Third Street Railroad
Spurline, in the estimated amount of
$280,000.00, are hereby approved and
ordered filed in the office of the City Clerk
for public inspection.
Passed, approved and adopted this 16th
day of April, 1990.
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Communication of City Manager submitting
documents providing for the bidding pro -
Attest:
Mary A. Davis
City Clerk
lames E. Brady
Mayor
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Heckmann. Carried by the follow-
ing vote: Yeas—Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays—None.
RESOLUTION NO. 158-90
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS.
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifica-
tions, and form of contract and placed same
on file in the office of the City Clerk for
public inspection of the Relocation of the
Third Street Railroad Spurline.
NOW, THEREFORE, BE IT
RESOLVED, that on the 7th day of May,
196 Regular Session, April 16, 1990
1990, a public hearing will be held at 7:30
p.m in the Public Library Auditorium at
which time interested persons may appear
and be heard for or against the proposed
plans and specifications, fonn of contract
and cost of said improvement, and the City
Clerk be and is hereby directed to cause a
notice of time and place of such hearing to
be published in a newspaper having general
circulation in the City of Dubuque, Iowa,
which notice shall be not less than four days
nor more than twenty days prior to the day
fuzed for its consideration. At the hearing,
any interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated cost of
the improvement
Passed, approved and adopted this 16th
day of April, 1990.
lames E. Brady
Mayor
Regular Session, April 16, 1990
197
more than twenty days prior to the receipt of
said bids at 2:00 p.m. on the 1st day of May,
1990. Bids shall be opened and read by the
City Clerk at said time and will be submitted
to the Council for final action at 7:30 p.m.
on the 7th day of May, 1990.
Passed, approved and adopted this 16th
day of April, 1990.
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Heckmann. Carried by the follow-
ing vote: Yeas—Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson. Pratt, Voetberg. Nays—None.
RESOLUTION NO. 159-90
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Relocation of the Third Street
Railroad Spurline is hereby ordered to be
advertised for bids for construction.
BE IT FURRIER RESOLVED, that the
amount of the security to accompany each
bid shall be in an amount which shall con-
form to the provisions of the notice to
bidders hereby approved as a part of the
plans and specifications heretofore adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be pub-
lished in a newspaper having general circul-
ation in the City of Dubuque, Iowa, which
notice shall not be less than four days nor
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Heckmann. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Communication of City Manager request-
ing a public hearing be held on May 7, 1990
on the issuance of $4,000,000 in Urban
Renewal TIF Revenue Bonds for Ice Harbor
Improvements associated with Riverboat
Gambling, presented and read. Council
Member Pratt moved that the communication
be received and filed. Seconded by Council
Member Voetberg. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
RESOLUTION NO. 160-90
RESOLUTION FIXING DATE FOR
A MEETING ON THE
PROPOSITION OF THE ISSUANCE
OF $4,000,000 URBAN RENEWAL
TAX INCREMENT REVENUE
BONDS OF THE CITY OF
DUBUQUE, IOWA AND
PROVIDING FOR PUBLICATION
OF NOTICE THEREOF.
Whereas, it is deemed necessary and
advisable that the City of Dubuque, Iowa,
should issue Urban Renewal Tax Increment
Revenue Bonds to the amount of $4,000,000
as authorized by Section 403.9 of the Code
of Iowa, payable from and secured by a first
lien upon the revenues of the Ice Harbor
Urban Renewal Project, including incre-
mental taxes to be received as provided in
Section 403.19, Code of Iowa, and payments
to be received under a lease agreement
relating to certain real property located
within the Project area, for the purpose of
providing funds to pay costs of carrying out
a project as hereinafter described; and
Whereas, neither Section 403.9 nor any
other Code provision sets forth any proce-
dural action required to be taken before said
Bonds may be issued, and pursuant to Sec-
tion 364.6 of the City Code of Iowa, it is
hereby determined that the procedure speci-
fied in Code Section 384.25 shall apply and
shall be deemed sufficient for the action
hereinafter described to be taken, and that
the Clerk shall publish a notice of the
proposal to issue such Bonds and of the time
and place of the meeting at which the Coun-
cil proposes to take action thereon and to
receive oral and/or written objections from
any resident or property owner of the City to
such action.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF WE CITY
OF DUBUQUE, IOWA:
Section 1. That this Council meet in the
Public Library Auditorium, Dubuque, Iowa,
at 7:30 o'clock p.m., on the 7th day of May,
1990, for the purpose of taking action on the
matter of the issuance of $4,000,000 Urban
Renewal Tax Increment Revenue Bonds of
the City of Dubuque, Iowa, the proceeds of
which Bonds will be used to provide funds
to pay costs of aiding in the planning,
undertaking and carrying out of the urban
renewal project designated as the "Ice
Harbor Urban Renewal District Project"
under the authority of Chapter 403 of the
Code of Iowa, 1989, as amended, including
but not limited to land acquisition, various
docking and shoreline improvements, parking
facilities and interest on such Bonds for not
more than three years from the issuance
thereof.
Section 2. That the Clerk is hereby
directed to cause at least one publication to
be made of a notice of said meeting, in a
legal newspaper, printed wholly in the
English language, published at least once
weekly, and having general circulation in
said City, said publication to be not less than
four clear days nor more than twenty days
before the date of said public meeting on the
issuance of said Bonds.
Section 3. The notice of the proposed
action to issue said Bonds shall be in
substantially the following form
NOTICE OF MEETING OF THE
COUNCIL OF THE CITY OF
DUBUQUE, IOWA ON THE
MATTER OF THE PROPOSED
ISSUANCE OF $4,000,000 URBAN
RENEWAL TAX INCREMENT
REVENUE BONDS OF SAID CITY,
AND THE HEARING ON THE
ISSUANCE THEREOF.
Public Notice is hereby given that the
Council of the City of Dubuque, Iowa, will
hold a public hearing on the 7th day of May,
1990, at 7:30 o'clock p.m., in the Public
Library Auditorium, Dubuque, Iowa, at
which meeting the Council proposes to take
additional action for the issuance of
$4,000,000 Urban Renewal Tax Increment
Revenue Bonds of the City of Dubuque,
Iowa in order to provide funds to pay costs
of aiding in the planning, undertaking and
carrying out of the urban renewal project
designated as the "Ice Harbor Urban
Renewal District Project" under the authority
of Chapter 403 of the Code of Iowa, 1989,
as amended, including but not limited to land
acquisition, various docking and shoreline
improvements, parking facilities and interest
on such Bonds for not more than three years
from the issuance thereof.
The Bonds will be payable from and
secured by a first lien upon the revenues of
the Ice Harbor Urban Renewal Project, in-
cluding incremental taxes to be received as
provided in Section 403.19, Code of Iowa,
1989, as amended, and payments to be re-
ceived under a lease agreement relating to
certain real property located within the
Project area.
At the above meeting the Council shall
receive oral or written objections from any
resident or property owner of said City, to
the above action. After all objections have
been received and considered, the Council
will at this meeting or at any adjournment
thereof, take additional action for the
issuance of said Bonds or will abandon the
proposal to issue said Bonds. By order of the
198 Regular Session
Council said hearing and appeals therefrom
shall be held in accordance with and
governed by the provisions of Section 384.25
of the City Code of Iowa.
This notice is given by order of the
Council of Dubuque, Iowa, as provided by
Sections 384.25 and 364.6 of the City Code
of Iowa. Code Section 384.25 shall govern
this meeting and action taken thereat
Dated this 16th day of April, 1990.
Mary A. Davis
City Clerk of Dubuque, Iowa
, April 16, 1990
Passed and approved this 16th day of
April, 1990.
James A. Brady
Mayor
Attest:
Mary A. Davis
City Clerk of Dubuque, Iowa
Council Member Pratt moved adoption of
the Resolution and providing for publication
of Notice thereof, with said Public Hearing
set for May 7, 1990 at 7:30 p.m. in the Pub-
lic Library Auditorium and that the City
Clerk publish notice in the manner pre-
scribed by law. Seconded by Council
Member Voetberg. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of City Manager
recommending assessment of Civil penalties
in amount of $300.00 each to Beecher Co.,
Inc., B & M Convenience Mart, Inc., Dennis
A. Althaus and Family Man, Inc. for viol-
ation of Section 5-37(b)(1) of the City Code
of Ordinances and set public hearings for
May 7, 1990, presented and read. Council
Member Voetberg moved that the communi-
cation be received and filed and approved
the public hearing for May 7, 1990.
Seconded by Council Member Pratt Carried
by the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Communication of City Manager
recommending changes to the Residential
Housing Code and requesting a public
hearing be held on May 7, 1990, presented
and read. Council Member Pratt moved that
the communication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas—Mayor
Brady. Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
An Ordinance Amending Chapter 26,
Housing Regulations by repealing certain
sections and enacting new certain sections in
lieu thereof, presented and read. Council
Member Pratt moved that this be considered
the first reading of the Ordinance, and that
the requirement that a proposed Ordinance
be considered and voted on for passage at
two council meetings prior to the meeting at
which it is to be finally adopted be
suspended and further moved that a Public
Hearing be held on the proposed Ordinance
on the 7th day of May, 1990 at 7:30 p.m. in
the Public Library Auditorium and that the
City Clerk publish notice in the manner pre-
scribed by law. Seconded by Council
Member Kluesner. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetherg. Nays—None.
Communication of Planning & Zoning
Commission advising of their approval to
amend the Conceptual Development Plan for
the PC Planned Commercial District at
Kennedy Mall, 555 J.F.K. Road, presented
and read. Council Member Kluesner moved
that the communication be received and
filed. Seconded by Council Member Pratt.
Carred by the following vote: Yeas—Mayor
Brady, Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Vcetberg.
Nays—None.
An Ordinance Amending Appendix A of
the Code of Ordinances, also known as the
Zoning Ordinance by adopting an amended
conceptual development plan for the
Kennedy Mall PC Planned Commercial Dis-
trict at 555 I.F.K. Rd., presented and read.
Council Member Kluesner moved that this
be considered the first reading of the
Ordinance, and that the requirement that a
proposed Ordinance be considered and voted
on for passage at two council meetings prior
to the meeting at which it is to be finally
adopted be suspended and further moved that
Regular Session, April 16, 1990
a Public Hearing be held on the Proposed
Ordinance on the 7th day of May, 1990 at
7:30 p.m. in the Public Library Auditorium
and that the City Clerk publish notice in the
manner prescribed by law. Seconded by
Council Member Pratt Carried by the
following vote: Yeas—Mayor Brady Coun-
cil Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays—None.
Communication of City Manager recom-
mending to vacate portions of Main Street
and Iowa Street and set matter for public
hearing on April 23, 1990 at 4:30 p.m,
presented and mad. Council Member
Voetherg moved that the communication be
received and filed. Seconded by Council
Member Kluesner. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
199
Section 2. That the City reserves on Iowa
Street (East 5'6" of Block 14 in Dubuque
Downtown Plaza) all rights for all utilities,
sidewalks, lights, traffic control devices,
parking meters and any other purposes
necessary for protection of pedestrian use of
the sidewalk and vehicular use of the ad-
joining Iowa Street
RESOLUTION NO. 161-90
RESOLUTION APPROVING PLAT
OF A VACATED PORTION OF
MAIN STREET AND IOWA
STREET; MAIN STREET AND
FOUR (4) FEET WIDE STRIP ON
EAST SIDE FROM N.P.L. OF 4111
TO THE S.P.L. OF 5111 STREET
AND IOWA STREET AND 25.43
FEET WIDE STRIP ON WEST SIDE
FROM N.P.L. OF 4111 STREET TO
THE S.P.L. OF 5TH STREET.
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa,
a plat dated March 3rd, 1990, prepared by
the City of Dubuque describing the vacated
portion of said streets; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the plat dated March 3rd,
1990, prepared by the City of Dubuque, rela-
tive to the real estate hereinabove described
be and the same is hereby approved, and the
Mayor and City Clerk be and they are here-
by authorized and directed to execute said
plat for and on behalf of the City of
Dubuque, Iowa.
Section 3. That the City Clerk be and is
hereby authorized and directed to file said
plat and certified copy of this Resolution in
the office of the Recorder, in and for
Dubuque County, Iowa.
Passed, approved and adopted this 16th
day of April, 1990.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Kluesner. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
An Ordinance Vacating a portion of Main
St. and Iowa St, presented and read. Council
Member Voetberg moved that this be con-
sidered the first reading of the Ordinance,
and that the requirement that a proposed
Ordinance be considered and voted on for
passage at two council meetings prior to the
meeting at which it is to be finally adopted
be suspended and further moved that a
Public Hearing be held on the Proposed
Ordinance on the 23rd day of April, 1990 at
4:30 p.m. in City Hall and that the City
Clerk publish notice in the manner pre-
scribed by law. Seconded by Council
Member Kluesner. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
RESOLUTION NO. 162-90
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT A AND LOT B
OF BLOCK 15 IN DUBUQUE
DOWNTOWN PLAZA.
200 Regular Session, AprII 16, 1990
Whereas, the Blue Moon Development
Corporation has requested the vacation of a
portion of Main Street and
Whereas, the City of Dubuque has pre-
pared and submitted to the City Council a
plat showing the vacated portion of Main
Street and Iowa Street and assigned a lot
number thereof, which hereinafter shall be
known and described as Lot A and Lot B of
Block 14 in Dubuque Downtown Plaza in
the City of Dubuque, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this
portion of Main Street and Iowa Street are
no longer required for public use, and
vacating and sale of said portion of Main
Street known as Lot A and Iowa Street
known as Lot B all of Block 14 in Dubuque
Downtown Plaza should be approved.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Regular Session, April 16, 1990
201
Cotmcil Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Kluesner. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of City Manager
recommending approval for defeasance of
$4,075,000 of outstanding Dog Track G.O.
Bonds and approve refunding trust agree-
ment presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Section 1. That the City of Dubuque
intends to dispose of its interest in Lot A and
Lot B of Block 14 in Dubuque Downtown
Plaza in the City of Dubuque, Iowa The
City reserves all rights on Iowa Street (East
5'6" of Lot B of Block 14 in Dubuque
Downtown Plaza) for all utilities, sidewalks,
lights, traffic control devices, parking meters
and any other purposes necessary for pro-
tection of pedestrian use of the sidewalk and
vehicular use of the adjoining Iowa Street
Section 2. That the conveyance of Lot A
and Lot B of Block 14 in Dubuque Down-
town Plaza in the City of Dubuque, Iowa be
made to Blue Moon Development Corpor-
ation.
Section 3. That the City Clerk be and is
hereby authorized and directed to cause and
notice of intent to dispose of said real estate
in the manner as prescribed by law.
Passed, approved and adopted this 16th
day of April, 1990.
lames E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
RESOLUTION NO. 163-90
RESOLUTION APPROVING THE
DEFEASANCE OF $4,075,000
OUTSTANDING GENERAL
OBLIGATION BONDS USED FOR
THE CONSTRUCTION OF THE
GREYHOUND DOG RACING
FACILITY.
Whereas, the voters of Dubuque, Iowa, on
April 24, 1984, supported a General Oblig-
ation Bond issue for the purpose of building
a greyhound dog racing facility by a 70.7%
approval rate; and
Whereas, on September 5, 1984, the City
of Dubuque sold $7,900,000 in General
Obligation Bonds to construct such grey-
hound dog racing facility; and
Whereas, by lease agreement with the
City of Dubuque, the Dubuque Racing
Association is responsible for the debt
service on the $7,900,000 borrowing; and
Whereas, it has been the stated intent of
both the City of Dubuque and the Dubuque
Racing Association to reduce any property
tax exposure by reserving DRA funds for
debt service payments and paying off the
bonds just as soon as possible; and
Whereas, sufficient Dubuque Racing
Association funds are available to defease a
portion of the outstanding bonds without
causing cash flow problems for the dog track
operation; and
Whereas, it is desirable to defease a
portion of the outstanding debt to reduce
annual Dubuque Racing Association debt
service payments and reduce the City's total
outstanding General Obligation debt and
Whereas, the Dubuque Racing Association
Board of Directors on March 20, 1990
approved the use of approximately
$4,500,000 of available funds to defease a
portion of the outstanding debt subject to
final approval by the Executive Committee;
and
Whereas, the Executive Committee on
April 6, 1990, approved the use of approx-
imately $4,500,000 of available funds to
defease $4,075,000 of the out -standing debt
and
Whereas, it is recommended by the City
Manager that the City Council approve the
defeasance of $4,075,000 of outstanding
General Obligation debt issued to construct
the greyhound dog racing facility.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section I. That the defeasance of
$4,075,000 of outstanding General Oblig-
ation debt issued September 5, 1984 to
construct the greyhound dog racing facility is
hereby authorized and approved
Passed, approved and adopted this 16th
day of April, 1990.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Voetherg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Prat Voetberg. Nays—None.
RESOLUTION NO. 164-90
RESOLUTION APPROVING THE
FUNDING TRUST AGREEMENT
DATED APRIL 15, 1990, AND
AUTHORIZING ITS EXECUTION.
Whereas, $7,900,000 General Obligation
Bonds dated October 1, 1984, have been
sold at public sale for the purpose of paying
costs of constructing and equipping recreat-
ional facilities consisting of a dog racing
track complex in the City including the
acquisition, construction and equipping of
facilities useful for the collection, treatment
and disposal of sewage in a sanitary manner
for the collection and the disposal of surface
waters and streams; acquisition, construction
and equipping of watermains and extensions;
and the acquisition, construction and install-
ation of street lighting fixtures, connections
and facilities; and
Whereas, in order to provide for the
proper and timely application of money and
investment income derived from the oper-
ation
penation of the Race Track for the payment of
the principal and interest due on the General
Obligation Bonds, dated October 1, 1984,
(hereinafter "Funded Bonds"), it is necessary
to enter into a Funding Trust Agreement and
to enter into certain convenants with the
holders of the Funded Bonds; and
Whereas, as Funding Trust Agreement has
been prepared to be entered into between the
City and the American Trust and Savings
Bank of Dubuque, Iowa.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF DUBUQUE,
IOWA:
Section 1. That the American Trust and
Savings Bank, is hereby appointed to serve
as Trustee pursuant to the terms of the
Funding Trust Agreement
Section 2. That the Funding Trust
Agreement with the American Trust and
Savings Bank, is hereby approved and that
the Mayor and City Clerk are authorized to
sign the Agreement on behalf of the City of
Dubuque, Iowa.
Section 3. That Bankers Trust Company,
Des Moines, Iowa, the Registrar for the
"Funded Bonds" shall by random selection
select the Bonds to be called and the Bonds
of the 1999 maturity to be defeased pursuant
to the terms of Section 5.05 of the Funding
Trust Agreement, and shall thereupon give
due and sufficient notice of the call for
redemption to the holder of each bond so
202 Regular Session, April 16, 1990
called as provided in the tams and con-
ditions of issuance of the Funded Bonds. The
Registrar shall give such notice a second
time not earlier than December 1, 1994, and
not later than January 15, 1995.
Passed and approved this 16th day of
April, 1990.
James E. Brady
Mayor
and filed. Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann. Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Verbal petition by Robert Wild, Historic
Preservation Commissioner, requesting that
the City Council reschedule its work session
to discuss proposed changes in the Historic
Preservation Ordinance. Council Member
Voetberg moved that the petition be received
and filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Ileckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of Attorney David
Clemens, representing Kevin Kane, request-
ing that the rezoning matter (1337, 1353,
1387, 1391 Delhi St. from R-2 Res. to OS
Office) be removed from the agenda and
place it on hold pending further review by
his client on the matter, presented and read.
Council Member Deich moved that the
communication be received and filed and
concurred with the request. Seconded by
Council Member Pratt Carried by the
following vote: Yeas—Maya Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Communication of City Manager request-
ing approval of resolution relating to the
construction and funding for a proposed
traffic signal at the intersection of U.S.
Highway 20 and the Northwest Arterial,
presented and read. Council Member Pratt
moved that the communication be received
RESOLUTION NO. 165-90
RESOLUTION AUTHORIZING THE
MAYOR TO EXECUTE A PROJECT
AGREEMENT WITH THE IOWA
DEPARTMENT OF TRANSPOR-
TATION PROVIDING FOR THE
INSTALLATION OF TRAFFIC
SIGNALS ON U.S. HIGHWAY 20
AND THE NORTHWEST
ARTERIAL.
Whereas, recent traffic engineering studies
have indicated that signalization of the inter-
section of U.S. Highway 20 and the North-
west Arterial is desireable; and
Whereas, the Iowa Department of
Transportation has given its approval for this
installation; and
Whereas, the Iowa Department of Trans-
portation has prepared a project agreement
outlining the responsibilities of both the State
and the City of Dubuque in regard to the
proposed traffic signal installation.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City Council hereby
approves the Project Agreement for signal-
ization of the intersection of U.S. Highway
20 and the Northwest Arterial, as outlined in
Agreement No. UST -20.9(100)--4A-31.
Section 2. That the Mayor be authorized
and directed to execute the Project Agree-
ment with the Iowa Department of
Transportation.
Passed, approved and adopted this 16th
day of April, 1990.
James E. Brady
Mayor
Regular Session, April 16, 1990
Council Member Pratt moved adoption of
the Resolution. Seconded by Council
Member Voetberg. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of City Manager recom-
mending to replace and upgrade warning
siren at Engine House #4 for the amount of
$9,788.00, presented and read.
Council Member Voetberg moved that the
communication be received and filed and
approved recommendation. Seconded by
Council Member Heckmann. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Communication of City Manager recom-
mending the placement of a two hour park-
ing zone on 10th Street between Jackson
Street and White Street, presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Pratt. Carried
by the following vote: Yeas—Mayor Brady,
Council Members Deich, Ileckmann,
Kluesner, Nicholson, Pratt, Voctberg.
Nays—None.
An Ordinance amending the Code of
Ordinances of the City of Dubuque by
adding Tenth Street to the Two Hour Time
Zones designated in subsection (c) of Section
32-262 providing for Two (lour Parking,
presented and read.
Attest:
Mary A. Davis
City Clerk
(OFFICIAL PUBLICATION)
ORDINANCE NO. 34-90
203
by adding the following street in Subsection
(c) of Section 32-262 thereof as follows:
Sec. 32-262. Prohibited on designated
streets or portions thereof.
(c) Time zones designated.
Two Hour Time Zones
M
Tenth Street, East, both sides, from
Jackson Street to White Street
Passed, approved and adopted this 16th
day of April, 1990
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Published officially in the Telegraph
Herald newspaper this 28th day of
April, 1990.
Mary A. Davis
City Clerk
It 4/28
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
ADDING TENTH STREET TO THE
TWO IIOUR TIME ZONES
DESIGNATED IN SUBSECTION (c)
OF SECTION 32-262 PROVIDING
FOR TWO HOUR PARKING
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA.
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa be amended
Council Member Voetberg moved that
this be considered the first reading of the
Ordinance, and that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior
to the meeting at which it is to be finally
adopted be suspended and further moved
final adoption of the Ordinance. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesncr, Nicholson, Pratt, Voctberg.
Nays—None.
Communication of City Manager request-
ing to authorize new monthly parking lot
rental rotes to update various parking lot
descriptions and to move some monthly
rental spaces from the 3rd and Iowa lot to
the 4th and Iowa lot due to changes assoc-
iated with the Third Street overpass,
presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
204 Regular Session, April 16, 1990
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays -None.
Regular Session, April 16, 1990
205
An Ordinance Amending Code of
Ordinances by revising Section 32, Division
3, Municipal Parking Lots by deleting
Section 32-311(9), Section 32-312 and
Section 32-314(1-3), and enacting a new
Section 32-311(9), Section 32-312, Section
32-314(1-4) providing for a Revised Fee
Schedule for the Municipal Parking Lots and
updating the descriptions of existing lots,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 35-90
FOR SPECIFIC MUNICIPALLY
OWNED PARKING LOTS AND
ADOPTING A NEW SECTION 32-
314 (3) PROVIDING FOR THE TIME
AND FEE SCHEDULE FOR
SPECIFIC MUNICIPALLY OWNED
PARKING LOTS.
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Code of Ordinances, City
of Dubuque, Iowa, be amended by repealing
Section 32-311 (9) and adopting the follow-
ing new Section 32-311 (9):
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BY REPEALING
SECTION 32-311 (9) DESIGNATING
A CERTAIN MUNICIPALLY
OWNED PARKING LOT AND
ADOPTING A NEW SECTION 32-
311 (9) DESIGNATING A CERTAIN
MUNICIPALLY OWNED PARKING
LOT; BY REPEALING SECTION 32-
312 RELATING TO INSTALLATION
OF PARKING METERS IN
MUNICIPALLY OWNED LOTS
AND ADOPTING A NEW SECTION
32-312 RELATING TO THE
INSTALLATION OF PARKING
METERS IN MUNICIPALLY
OWNED LOTS; BY REPEALING
SECTION 32-314 (1) RELATING TO
THE TIME AND FEE SCHEDULE
FOR PARKING METERS ON
MUNICIPALLY OWNED PARKING
LOTS AND ADOPTING A NEW
SECTION 32-314 (I) RELATING TO
THE TIME AND FEE SCHEDULE
FOR PARKING METERS ON
MUNICIPALLY OWNED PARKING
LOTS; AND BY REPEALING
SECTION 32-314 (2) RELATING TO
THE TIME AND FEE SCHEDULE
FOR PARKING METERS ON
MUNICIPALLY OWNED PARKING
LOTS AND ADOPTING A NEW
SECTION 32-314 (2) RELATING TO
THE TIME AND FEE SCHEDULE
FOR PARKING METERS ON
MUNICIPALLY OWNED PARKING
LOTS; AND BY REPEALING
SECTION 32-314 (3) RELATING TO
THE TIME AND FEE SCHEDULE
Section 32-311. Designated.
(9) Lot No. 10. The lot situated on 5th
Street and vacated Main and running parallel
to vacated Main Street from 5th to 6th Street
to the southern terminus of the alley between
Iowa and vacated Main Street
Section 2. The Code of Ordinances, City
of Dubuque, Iowa, is amended by repealing
Section 32-312 and adopting the following
new section 32-312:
"Section 32-312. Meters - installation
authorized and directed.
The City Manager is hereby authorized
and directed to install parking meters in
those municipally -owned parking lots
designated numerically as Lots number 1
through 3, 5, 6, and 8 for the purpose of,
and in such numbers and at such places as
may be necessary to the regulation, control
and inspection of the parking of motor
vehicles therein.
Section 3. The Cede of Ordinances, City
of Dubuque, Iowa, is amended by repealing
Section 32-314 (1) and adopting the
following new Section 32-314 (1):
"Sectio[ 32-314. Same - time and fee
schedule for specific lots.
(1) On Parking Lot numbers 1, 2, 3, 5, 6,
and 8 the amount of fee shall be displayed
on each parking meter and shall indicate the
period of time allowed for the particular
United States coin deposit after a meter has
been placed in operation. The maximum
parking time allowed shall be indicated on
the parking meter assigned to the meter
space to which it applies."
Section 4. The Code of Ordinances, City
of Dubuque, Iowa, is amended by repealing
Section 32-314 (2) and adopting the
following new Section 32-314 (2):
"Section 32-314. Sana; - time and fee
schedule for specific Tots.
(2) On Parking Lot No. 3, reserve parking
for each space for the sixteen (16) parking
spaces for which parking meters have not
been installed shall be rented at an annual
rent, payable in advance, of four thousand
eighty dollars ($4,080.00) for the period of
April 1, 1985 through March 31, 1986; and
thereafter, the annual rental shall be
increased or decreased as the case may be
for any percentage increase or decrease in
the Consumer Price Index. In no event shall
the annual rental be Tess than four thousand
eighty dollars ($4,080.00).
On Parking Lot No. 4, reserve parking
upon conditions and rates as approved in
writing by the City Manager. On and after
May 1, 1990, reserve parking for all parking
spaces shall be at a monthly rate of fifteen
dollars, ($15.00), payable each month.
On Parking Lot No. 5, reserve parking for
each space for which a parking meter has
not been installed shall be reserved by the
City for assignment by the City Manager for
purposes of carrying out the business of the
City government.
On Parking Lot No. 9, reserve parking for
each space shall be between the hours of
6:00 am. and 6:00 p.m. daily, including
Saturdays, Sundays, and holidays at a
monthly rate of twenty four dollars ($24.00).
On Parking Lot No. 11, reserve parking
upon conditions and rates as approved in
writing by the City Manager. On and after
May 1, 1990, reserve parking for all parking
spaces shall be at a monthly rate of fifteen
dollars ($15.00), payable each month.
Notice of such restrictions in Parking Lot
Numbers 1, 3, 4, 5, 9, 10 and 11 shall be
displayed at each lot. The owner or operator
of any vehicle who shall receive notice either
personally or by the attaching of such notice
to said vehicle if said vehicle is parking in
violation of this subsection shall, within
seventy-two (72) hours from the time when
such notice is served upon such owner or
operator or attached to said vehicle, pay to
the City Treasurer as a penalty for such
violation the sum of five dollar ($5.00).
Section 5. The Code of Ordinances, City
of Dubuque, Iowa, is amended by repealing
Section 32-314 (3) and adopting the follow-
ing new Section 32-314 (3):
"Section 32-314. Same - time and fee
schedule for specific lots.
(3) Parking Lot no. 10. Reserve parking
for each space shall be between the hours of
6:00 a.m. and 6:00 p.m. daily, including
Saturdays, Sundays and holidays at a
monthly rate of twenty-four dollars
($24.00).•"
Section 6. This Ordinance shall take
effective May 1, 1990,
Passed, approved and adopted this 16th
day of April, 1990.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Published officially in the Telegraph
Herald newspaper this 30th day of April,
1990.
Mary A. Davis
City Clerk
It 4/30
Council Member Voetberg moved that
this be considered the first reading of the
Ordinance and that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be finally
adopted be suspended, and further moved
final adoption of the Ordinance. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas -Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays -None.
206 Regular Session, April 16, 1990
Communication of City Manager recom-
mending to approve the petition of Hale
Street residents to maintain the current 37
foot width of Hale Street, with the property
owners being assessed 20% of the additional
cost, presented and read Council Member
Pratt moved that the communication be
received and filed. Seconded by Council
Member Voetberg. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Kluesner, Nicholson, Pratt, Vcetberg.
Nays—Council Member Heckmann.
RESOLUTION NO. 166-90
Regular Session, Aprfl 16, 1990
207
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption of
the Resolution. Seconded by Council
Member Voetberg. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Kluesner, Nicholson, Pratt, Voetberg.
Nays—Council Member Heckmann.
RESOLUTION NO. 167-90
RESOLUTION AMENDING PLANS
AND SPECIFICATIONS.
Whereas, on the 12th day of July, 1989
plans, specifications, form of contract and
estimated costs were filed for the 1989 P.C.
Concrete Paving Project; and
Whereas, the reconstruction of Hale Street
to a width of 31 feet, between Grandview
Avenue and Algona Street, was part of said
paving project and
Whereas, the City Council approved
Resolution No. 309-89 adopting the plans
and specifications on September 5, 1989; and
Whereas, there has been presented to the
City Council a verbal petition to maintain the
current 37 foot street width on Hale Street
between Grandview Avenue and Algona
Street, together with written consent from all
of the affected property owners to the in-
creased assessments.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
RESOLUTION AMENDING
SCHEDULE OF PROPOSED
ASSESSMENTS.
Whereas, the City Council adopted
Resolution No. 257-89 approving the
schedule of valuations and proposed
assessments for the 1989 P.C. Concrete
Paving Project and
That Resolution No. 309-89 adopting the
plans and specifications for the 1989 P.C.
concrete paving project are hereby amended
to maintain the current 37 foot width of Hale
Street between Grandview Avenue and
Algona Street, in lieu of the previously
approved 31 foot width.
Passed, approved and adopted this 6th day
of April, 1990.
James E. Brady
Mayor
Whereas, a petition has been submitted to
the Council requesting a change in the pro-
posed width of Hale Street from Grandview
Avenue to Algona Street and
Whereas, all of the affected property
owners have agreed in writing to the change
and to the increased assessments.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the attached sheets 1 and. 2 are
hereby determined to be the amended
schedule of proposed assessments for the
1989 P.C. concrete paving project.
Passed, approved and adopted this 16th
day of April, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption of
the Resolution. Seconded by Council
Member Voetberg. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Kluesner, Nicholson, Pratt, Voetberg.
Nays—Council Member Heckmann.
Communication of City Manager sub-
mitting Memorandum of Agreement with the
Fischer Companies and requesting Mayor be
authorized and directed to execute, presented
and read. Council Member Voetberg moved
that this be tabled to May 23rd. Motion
failed due to lack of a second. Council
Member Kluesner moved that the conhrnun-
ication be received and filed and approved
execution. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt. Nays—Council Member Voetberg.
Communication of Greater Dubuque
Development Corporation (G.D.D.C.)
requesting appointment of Council Member
to their Board, presented and read.
Council Member Kluesner moved that
Council Member James Heckmann be
appointed to the Board. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
RESOLUTION NO. 168-90
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been
examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of this City and
have filed proper bonds;
NOW THEREFORE BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants
a Beer Permit
CLASS "C" BEER PERMITS
Palmer Drug Company, Palmer Drug
Company, 2600 Dodge St
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Member Heckmann. Carried by the follow-
ing vote: Yeas—Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays—
None.
RESOLUTION NO. 169-90
Whereas, applications for Liquor Licenses
have been submitted to this Council for
approval and the same have been examined
and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the State Law and all City
Ordinances relevant thereto and they have
filed proper bonds;
NOW THEREFORE BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE,
IOWA;
That the Manager be authorized to cause
to be issued the following named applicants
a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
ARA Leisure Services, Inc,
Dubuque Greyhound Park Track
E. 16th Street Ext
Donna M. Ginter, West Dubuque Tap
1701 Asbury Rd.
Marco's Inc., Marco's. Inc.
2022 Central Ave.
Passed, approved and adopted this 16th
day of April 1990.
James E. Brady
Mayor
Laura A. Murphy, Murph's South End
Tap, 55 Locust St.
Clair Woodman, Central Tap
1046 Central Ave.
James J. Webb, Jim's Web
2093 Washington St.
208 Regular Session, April 16, 1990
Perron Enterprises, Inc., Schroby's
1121 University
Keith J. Kann, Yardarm, Eagle Point
Passed, approved and adopted this 16th
day of April, 1990.
James E. Brady
Mayor
Regular Session, April 16, 1990
209
presented and read. Council Member
Voetberg moved that the communications be
received and filed and Finance Director to
issue proper check. Seconded by Council
Member Deich. Carried by the following
vote: Yeas -Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays -None.
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Member Heckmann. Carried by the follow-
ing vote: Yeas -Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays -None.
MINUTES SUBMITTED - Airport Com-
mission of 3-13 & 3-27; Building Code
Board of 4-6; Historic Preservation Commis-
sion of 3-27; Library Board of Trustees of 3-
22; Mechanical Board of 3-28; Park &
Recreation Commission of 3-13; Planning &
Zoning Commission of 3-7 & 3-21, pre-
sented and read. Council Member Voetberg
moved that the minutes be received and
filed. Seconded by Council Member Deich.
Carried by the following vote: Yeas -Mayor
Brady, Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg. Nays -
None.
Communications of Cowin tion Counsel
recommending denial of following claims:
trash can damage of Kris Schmitt; tire
damage of Betty March, presented and read.
Council Member Voetberg moved that the
communications be received and filed and
approved denials. Seconded by Council
Member Deich. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communications of Corporation Counsel
recommending settlement of following
claims: windshield damage of Dave
Brimeyer in the amount of $272.10; sewer
backup of Viola Brink in the amount of
$150.00; tire damage of Cluis Luedtke in the
amount of $91.68; car damage claim of
Mary Ann McGrane in amount of $186.20;
car damage of Union Insurance Group and
Mary Lou Plerrie in the amount of $230.10,
Proof of Publication certified to by the
Publisher on List of Claims paid for month
of February, 1990, presented and read.
Council Member Voetberg moved that the
proof of publication be received and filed.
Seconded by Council Member Deich.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
NOTICES OF CLAIMS/SUITS - Mr. &
Mrs. Richard Fahey in amount of $124.50
for sewer back up damages; Tom Greenawalt
in estimated amount of $629.69 for car
damages; Lynn Lampe in amount of $528.00
for backed up sewer damages; Michele
Schuster in amount of $619.99 for backed up
sewer damages; Thomas Walsh in amount of
$528.00 for unnecessary replacement of
sidewalk on Delhi Street, presented and read.
Council Member Voetberg moved that the
claims and suits be referred to the Legal
Staff for investigation and report. Seconded
by Council Member Deich. Carried by the
following vote: Yeas—Mayor Brady, Coun
cil Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays—None.
Communication of Planning & Zoning
approving final plat of Sub. of Block 12A
and 12, Dubuque Downtown Plaza located
between W. 6th and W. 7th Streets and west
of the alley in Town Clock Plaza, presented
and read. Council Member Voetberg moved
that the communication be received and
filed. Seconded by Council Member Deich.
Carred by the following vote: Yeas—Mayor
Brady, Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
RESOLUTION NO. 170-90
A RESOLUTION APPROVING THE
FINAL PLAT OF THE
SUBDIVISION OF BLOCK 12A
AND SURVEY OF BLOCK 12,
DUBUQUE DOWNTOWN PLAZA
IN THE CITY OF DUBUQUE,
IOWA.
Whereas, there has been filed with the
City Clerk a final plat of the subdivision of
Block 12A and survey of Block 12, Dubuque
Downtown Plaza in the City of Dubuque,
Iowa; and
Whereas, said final plat has been
examined by the City Planning and Zoning
Conunission and that its approval endorsed
thereon; and
Whereas, said final plat has been
examined by the City Council and the City
Council finds that the same conforms to the
statues and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the final plat of a
subdivision of Block 12A and survey of
Block 12, Dubuque Downtown Plaza in the
City of Dubuque, be and the same is hereby
approved and the Mayor and City Clerk are
hereby authorized and directed to endorse
the approval of the City of Dubuque upon
said final plat.
Passed, approved and adopted this 16th
day of April, 1990.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Deich. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of Planning & Zoning
Commission approving final plat of Sub-
division of Lot 1-1 of Boal Place in
Dubuque County located on English Mill
Road, presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Deich. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
RESOLUTION NO. 171.90
A RESOLUTION APPROVING THE
FINAL PLAT OF THE SUB-
DIVISION OF LOT 1-1 OF BOAL
PLACE IN SEC. 28 T89N R2E 5111
P.M., DUBUQUE COUNTY, IOWA.
Whereas, there has been filed with the
City Clerk a final plat of a subdivision of
Lot 1-1 of Boal Place in Sec. 28 T89N R2E
5th p.m., Dubuque County, Iowa; and
Whereas, said final plat has been
examined by the City Planning and Zoning
Commission and they find that the same
conforms to the statues and ordinances
relating to, except that Lot 2-1-1 and Lot 3-
1-1 are unbuildable lots in regard to lot
frontage; and
Whereas, said final plat has been
approved by the City Planning and Zoning
Commission on the condition that Lot 1-1-1
cannot be split further, and
Whereas, said final plat has been
examined by the City Council and they fmd
that the same conforms to the statutes of
ordinances relating thereto; and
Whereas, the City Council concur: in the
condition of approval established by the City
Planning and Zoning Commission;
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the above described final
plat be and the same is hereby approved and
the Mayor and City Clerk be and are hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa upon
said final plat, provided that the owner of
said property shall execute a written
acceptance hereto attached, acknowledging
and agreeing:
a) Lot 1-1-1 cannot be split further.
Section 2. In the event that the owner
fails to execute the acceptance provided for
in Section 1 herein within 45 days after the
210 Regular Session, April 16, 1990
date of this resolution, the provision herein
shall be null and void and the approval of
the plat shall not be effective.
Passed, approved and adopted this 16th
day of April, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Deich. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of Planning & Zoning
requesting Resolution No. 107-90 be
rescinded and that a new resolution adopted
in lieu thereof providing for adopting of final
plat of Country Springs Subdivision, pre-
sented and read. Council Member Voetberg
moved that the communication be received
and filed. Seconded by Council Member
Deich. Carred by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
RESOLUTION NO. 172-90
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
A RESOLUTION RESCINDING
RESOLUTION 107-90 AND
ADOPTING A NEW RESOLUTION
APPROVING A FINAL PLAT OF
COUNTRY SPRINGS SUBDIVISION
IN THE CITY OF DUBUQUE,
IOWA.
Whereas, a final plat of Country Springs
Subdivision in the City of Dubuque, Iowa
was approved by the City Council on March
19, 1990 by Resolution 107-90; and
Whereas, said resolution failed to include
provisions for the improvement and dedica-
tion of Pasadena Drive and Pasadena Court
and
Whereas, the drive grades for Pasadena
Drive and Pasadena Court have not been
established, the drives brought to grade or
paving installed.
Section L That Resolution 107-90 is
hereby rescinded.
Section 2. That the dedication of
Pasadena Drive and Pasadena Court, together
with the easements for public utilities as the
same appear upon said final plat, be and the
same is hereby accepted.
Regular Session, April 16, 1990 211
h. To construct said improvements,
except sidewalks, prior to two years from the
date of acceptance of this resolution;
i. To maintain the foregoing improve-
ments for a period of two (2) years from the
date of their acceptance by the City of
Dubuque, Iowa;
Section 3. That the final plat of Country
Springs Subdivision in the City of Dubuque,
Iowa, be and the same is hereby approved
and the Mayor and City Clerk are hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa, upon
said final plat, provided the owners of said
pryw.rty herein named executed their written
acceptance hereto attached, agreeing:
a. To reduce all streets to grade and to
construct concrete curb and gutter and to
hard surface with bituminous concrete, or
with concrete paving with integral curb, all
in accordance with the City of Dubuque
standard specifications;
b. To install sanitary sewer mains and
sewer service laterals in accordance with
plans submitted with the plat;
c. To install water mains and water
service laterals in accordance with plans
submitted with the plat
d. To install storm sewers and catch
basins in accordance with plans submitted
with the plat
e. To install concrete sidewalks as
required by Ordinances, and where directed
by the City Engineer and the City Manager;
f. To install boulevard street lighting in
accordance with City specifications;
g. To construct the foregoing improve-
ments in accordance with plans and specifi-
cations approved by the City Manager, under
the inspection of the City Engineer, and in a
manner approved by the City Manager;
j. To maintain the foregoing con-
struction and maintenance at the sole
expense of the subdivider, as owner, or
future owner,
And further provided that said Gene
Sullivan and Thomas A. Luksetitch, as
owners of said subdivision, secure the
performance of the foregoing conditions by
providing security in such form and with
such sureties as may be acceptable to 'the
City Manager.
Section 4. That in the event Gene
Sullivan and Tom Luksetitch shall fail to
execute the acceptance and furnish the secu-
rity provided in Section 2 hereof within
forty-five (45) days after the date of the
Resolution, the provisions hereof shall be
null and void and the acceptance of the dedi-
cation and approval the plat shall not be
effective.
Passed, approved and adopted this 16th
day of April, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
TO: Mary Davis
City Clerk
This is to certify that the necessary
security required for the above Resolution
No. 172-90 has been properly filed. Dated at
Dubuque, Iowa this 3rd day of May, 1990.
ACCEPTANCE OF RESOLUTION
NO. 172.90
We, the undersigned, Gene Sullivan and
Thomas A. Luksetich, having read the terms
and conditions of the Resolution No. 172-90
and being familiar with the conditions
thereof, hereby accept this same and agree to
the conditions required therein.
Dated in Dubuque, Iowa this 3rd day of
May, 1990.
By: Gene Sullivan
By: Thomas A. Luksetitch
W. Kenneth Gearhart
City Manager
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Deich. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of Terry Montgomery
requesting a park on Garfield Ave., pm -
seated and mad. Council Member Voetberg
moved that it be referred to the Park and
Recreation Dept. Seconded by Council
Member Deich. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of City Manager recom-
mending denial of petition of William L.
Daugherty to vacate a portion of City right-
of-way at the intersection of 10th & Bluff
Street, presented and read. Council Member
Voetberg moved that the communication be
received and filed and approved denial.
Seconded by Council Member Deich.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Communication of Francis Henkels
requesting Lot 1 of Sacred Heart Place be
designated an Urban Revitalization Area
pursuant to Chapter 404, Code of Iowa,
presented and read. Council Member
Voetberg moved that the communication be
referred to the City Manager. Seconded by
Council Member Deich. Carried by the
following vote: Yeas—Mayor Brady, Coun-
cil Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays—None.
Proof of Publication, certified to by the
Publisher, on publishing Resolution No. 92-
90 providing for Schedule of Planning and
Zoning Fees, presented and read. Council
210 Regular Session, April 16, 1990
NOW, THEREFORE, BE 11' RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
date of this resolution, the provision herein
shall be null and void and the approval of
the plat shall not be effective.
Passed, approved and adopted this 16th
day of April, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Deich. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of Planning & Zoning
requesting Resolution No. 107-90 be
rescinded and that a new resolution adopted
in lieu thereof providing for adopting of final
plat of Country Springs Subdivision, pre-
sented and read. Council Member Voetberg
moved that the communication be received
and filed. Seconded by Council Member
Deich. Carded by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt. Voetberg. Nays—None.
RESOLUTION NO. 172.90
A RESOLUTION RESCINDING
RESOLUTION 107-90 AND
ADOPTING A NEW RESOLUTION
APPROVING A FINAL PLAT OF
COUNTRY SPRINGS SUBDIVISION
IN THE CITY OF DUBUQUE,
IOWA.
Whereas, a final plat of Country Springs
Subdivision in the City of Dubuque, Iowa
was approved by the City Council on March
19, 1990 by Resolution 107-90; and
Whereas, said resolution failed to include
provisions for the improvement and dedica-
tion of Pasadena Drive and Pasadena Court;
and
Section 1. That Resolution 107-90 is
hereby rescinded.
Section 2. That the dedication of
Pasadena Drive and Pasadena Court, together
with the easements for public utilities as the
same appear upon said final plat, be and the
sena: is hereby accepted.
Section 3. That the final plat of Country
Springs Subdivision in the City of Dubuque,
Iowa, be and the same is hereby approved
and the Mayor and City Clerk are hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa, upon
said final plat, provided the owners of said
property herein named executed their written
acceptance hereto attached, agreeing:
a. To reduce all streets to grade and to
construct concrete curb and gutter and to
hard surface with bituminous concrete, or
with concrete paving with integral curb, all
in accordance with the City of Dubuque
standard specifications;
b. To install sanitary sewer mains and
sewer service laterals in accordance with
plans submitted with the plat;
c. To install water mains and water
service laterals in accordance with plans
submitted with the plat;
d. To install storm sewers and catch
basins in accordance with plans submitted
with the plat;
e. To install concrete sidewalks as
required by Ordinances, and where directed
by the City Engineer and the City Manager,
f. To install boulevard street lighting in
accordance with City specifications;
g. To construct the foregoing improve-
ments in accordance with plans and specifi-
cations approved by the City Manager, under
the inspection of the City Engineer, and in a
manner approved by the City Manager,
Whereas, the drive grades for Pasadena
Drive and Pasadena Court have not been
established, the drives brought to grade or
paving installed.
Regular Session, April 16, 1990
h. To construct said improvements,
except sidewalks, prior to two years from the
date of acceptance of this resolution;
i. To maintain the foregoing improve-
ments for a period of two (2) years from the
date of their acceptance by the City of
Dubuque, Iowa;
j. To maintain the foregoing con-
struction and maintenance at the sole
expense of the subdivider, as owner, or
future owner,
And further provided that said Gene
Sullivan and Thomas A. Luksetitch, as
owners of said subdivision, secure the
performance of the foregoing conditions by
providing security in such form and with
such sureties as may be acceptable to ,the
City Manager.
Section 4. That in the event Gene
Sullivan and Tom Luksetitch shall fail to
execute the acceptance and furnish the secu-
rity provided in Section 2 hereof within
forty-five (45) days after the date of the
Resolution, the provisions hereof shall be
null and void and the acceptance of the dedi-
cation and approval the plat shall not be
effective.
Passed, approved and adopted this 16th
day of April, 1990.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
ACCEPTANCE OF RESOLUTION
NO. 172-90
We, the undersigned, Gene Sullivan and
Thomas A. Luksetich, having read the terms
and conditions of the Resolution No. 172-90
and being familiar with the conditions
thereof, hereby accept this same and agree to
the conditions required therein.
Dated in Dubuque, Iowa this 3rd day of
May, 1990.
By: Gene Sullivan
By: Thomas A. Luksetitch
TO: Mary Davis
City Clerk
211
This is to certify that the necessary
security required for the above Resolution
No. 172-90 has been properly filed. Dated at
Dubuque, Iowa this 3rd day of May, 1990.
W. Kenneth Gearhart
City Manager
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Deich. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of Terry Montgomery
requesting a park on Garfield Ave., pre-
sented and read. Council Member Voetberg
moved that it be referred to the Park and
Recreation Dept. Seconded by Council
Member Deich. Carded by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of City Manager recom-
mending denial of petition of William L.
Daugherty to vacate a portion of City right-
of-way at the intersection of 10th & Bluff
Street, presented and read. Council Member
Voetberg moved that the communication be
received and filed and approved denial.
Seconded by Council Member Deich.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Communication of Francis Henkels
requesting Lot 1 of Sacred Heart Place be
designated an Urban Revitalization Area
pursuant to Chapter 404, Code of Iowa,
presented and read. Council Member
Voetberg moved that the communication be
referred to the City Manager. Seconded by
Council Member Deich. Carried by the
following vote: Yeas—Mayor Brady, Coun-
cil Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays—None.
Proof of Publication, certified to by the
Publisher, on publishing Resolution No. 92-
90 providing for Schedule of Planning and
Zoning Fees, presented and read. Council
212 Regular Session, April 16, 1990
Member Voetberg moved that the proof of
publication be received and filed. Seconded
by Council Member Deich. Carried by the
following vote: Yeas—Mayor Brady, Coun-
cil Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays—None.
Communication of Jan Hess, Admini-
strative Assistant for Dubuque County,
requesting suspension of real estate taxes for
a city resident, presented and read. Council
Member Voetberg moved that the commun-
ication be received and filed and approved
tax suspension. Seconded by Council
Member Deich. Carried by the following
vote: Yeas—Mayor Brady. Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of City Manager request-
ing authorization to publish notice of
environmental review findings for Hess
Brick, Inc. project, presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Deich.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
RESOLUTION NO. 173-90
RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE OF
ENVIRONMENTAL REVIEW
FINDING FOR CERTAIN
COMMUNITY DEVELOPMENT
BLOCK GRANT PROJECT.
Whereas, the City of Dubuque entered
into a Grant Agreement for the Calendar
Year commencing January 18, 1989 with the
U.S. Department of Housing and Urban
Development, providing for financial
assistance to the City under Title I of the
Housing and Community Development Act
of 1974, as amended; and
Whereas pursuant to the rules and
regulations as promulgated by the U.S.
Department of Housing and Urban Develop-
ment, an environmental review has been
processed for the hereinafter described
project to be financed with Community
Development Block Grant funds; and
Whereas, an ad hoc Environmental
Review Committee on March 6, 1990 has
after due consideration made a determination
that the project is not a major Federal action
significantly affecting the quality of the
human environment
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City Clerk be and she
is hereby authorized and directed to publish
a Notice of Finding of No Significant Effect
on the Environment for the following identi-
fied project, and to make the Environmental
Review Record for said project available for
public inspection. Such notice shall be in the
form of Exhibit "A" attached hereto and
made a part hereof.
Hess Brick, Inc.
Section 2. That the City of Dubuque
hereby declares its intent to adopt a
resolution at its meeting of June 6, 1990
authorizing the submission of a request to
the U.S. Department of Housing and Com-
munity Development to undertake the
project.
Passed, approved and adopted this 16th
day of April, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Deich. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of City Manager request-
ing authorization to publish notice of
environmental review findings
for and Dubuque
Downtown Hotel project, presented
read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Deich.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Regular Session, April 16, 1990
RESOLUTION NO. 174-90
RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE OF
ENVIRONMENTAL REVIEW
FINDING FOR CERTAIN
COMMUNITY DEVELOPMENT
BLOCK GRANT PROJECT
213
Passed, approved and adopted this 16th
day of April, 1990.
Attest:
Mary A Davis
City Clerk
James E. Brady
Mayor
Whereas, the City of Dubuque entered
into a Grant Agreement for the Calendar
Year commencing February 5, 1990 with the
U.S. Department of Housing and Urban
Development, providing for financial
assistance to the City under Title I of the
Housing and Community Development Act
of 1974, as amended; and
Whereas, pursuant to the rules and
regulations as promulgated by the U.S.
Department of Housing and Urban Develop-
ment, an environmental review has been
processed for the hereinafter described
project to be financed with Community
Development Block Grant funds; and
Whereas, an ad hoc Environmental
Review Committee on February 28, 1990 has
after due consideration made a determination
that the project is not a major Federal action
significantly affecting the quality of the
human environment
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City Clerk be and she
is hereby authorized and directed to publish
a Notice of Finding of No Significant Effect
on the Environment for the Dubuque Down-
town Hotel project, and to make the
Environmental Review Record for said
project available for public inspection. Such
notice shall be in the form of Exhibit "A"
attached hereto and made a part hereof.
Dubuque Downtown Hotel
Section 2. That the City of Dubuque
hereby declares its intent to adopt a
resolution at its meeting of May 7, 1990,
authorizing the submission of a request to
the U.S. Department of Housing and Com-
munity Development to undertake the
project.
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Deich. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Communication of Dubuque County
Board of Supervisors requesting tax
exemption for forest cover and prairieland
within the Corporate limits of the City of
Dubuque, presented and read. Council
Member Voetberg moved that this be
referred to the Legal Dept. Seconded by
Council Member Deich. Carried by the
following vote: Yeas—Mayor Brady, Conn-
ed Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays—None.
Communication of City Manager
requesting approval for a Purchase of
Services Agreement for Operation: New
View for the fiscal year beginning July 1,
1990, presented and read. Council Member
Voetberg moved that the communication be
received and filed and approved agreement
Seconded by Council Member Deich.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Communication of City Manager request-
ing approval for a Purchase of Services
Agreement for Helping Services for
Northeast Iowa, Inc., for the fiscal year
beginning July 1, 1990, presented and read.
Council Member Voetberg moved that the
communication be received and filed and
approved. Seconded by Council Member
Deich. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
There being no further business, Council
Member Voetberg moved to adjourn the
meeting. Seconded by Council Member
Nicholson. Carried by the following vote:
214 Regular Session, April 16, 1990
Yeas—Mayor Brady, Council Members
Deich, Heckman[, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Meeting adjourned at 10:37 p.m.
Mary A. Davis
City Clerk
Regular Session, April 23, 1990 215
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Approved
1991.
Ad
•
Council Members
Attest:
City Clerk
Special Session, April 23, 1990.
Council met at 4:30 p.m, Conference
Room "B", 2nd Floor, City Hall.
Present: Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg, Assistant City Manager
Stephani Johnson, Corporation Counsel
Barry A. Lindahl.
Absent: City Manager W. Kenneth
Gearhart.
Mayor Brady read the call and stated this
is a Special Session of the City Council
called for the purpose to hold a Public
Hearing on Disposing of City's interest in
Lot A and Lot 13 in Block 14 to The Blue
Moon Development Corp., and to act upon
such business which may properly come
before the Council.
Council Member Voetberg moved to
suspend the rules to allow anyone present to
address the Council if they so desire.
Seconded by Council Member Pratt Carried
by the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Proof of publication certified to by the
Publisher, on Notice of Public Hearing on
the vacation and disposing of City's interest
in that portion of Main Street and Iowa
Street which shall be known as Lot A and
Lot B of Block 14 in "Dubuque Downtown
Plaza", presented and read.
There were no written objections received
and no oral objectors present at the time of
the Hearing. Council Member Voetberg
moved that the proof of publication be
received and filed. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
An Ordinance Vacating a portion of Main
St. and Iowa St, said Ordinance having been
presented and mad at the Council meeting of
October 16, 1990, presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 36-90
ORDINANCE VACATING A
PORTION OF MAIN STREET AND
IOWA STREET.
Whereas, the Blue Moon Development
Corporation has requested the vacation of a
portion of Main Street and
Whereas, the City of Dubuque has
prepared and submitted to the City Council
a plat showing the vacated portion of Main
Street and Iowa Street and assigned a Lot
number thereof, which hereinafter shall be
known and described as Lot A and Lot B of
Block 14 in Dubuque Downtown Plaza in
the City of Dubuque, Dubuque County,
Iowa and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this
portion of Main Street and Iowa Street is no
longer required for public use and vacating
of said portion of Main Street and Iowa
Street known as Lot A and Lot 13 of Block
14 in Dubuque Downtown Plaza in the City
of Dubuque, Dubuque County, Iowa, should
be approved.
NOW THEREFORE, BE IT ORDAINED
13Y THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the real estate described
as Lot A & Lot 13 of Block 14 in Dubuque
Downtown Plaza in the City of Dubuque,
Iowa, be and the same is hereby vacated.
Passed, approved and adopted this 23rd
day of April, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 28th day of April,
1990.
Mary A. Davis
City Clerk
It 4/28
Council Member Voetberg moved final
adoption of the Ordinance. Seconded by
Council Member Pratt Carried by the
following vote: Yeas—Mayor Brady,
216 Regular Session, AprII 23, 1990
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
RESOLUTION NO. 175-90
Whereas, pursuant to resolution and
published notice of time and place of
hearing, published in the Telegraph Herald,
a newspaper of general circulation published
in the City of Dubuque, Iowa on 17th day of
April, 1990, the City Council of the City of
Dubuque, Iowa met on the 23rd day of
April, 1990 at 4:30 p.m. in Conference
Room "B", second Boor, City Hall,
Dubuque, Dubuque County, Iowa to consider
the vacation and the proposal for the sale of
real estate described as:
certified copy of this Resolution in the
Office of the City Assessor, Dubuque
County Recorder and the Dubuque County
Treasurer.
Passed, approved and adopted this 23rd
day of April, 1990.
Lot A and Lot B of Block 14 in Dubuque
Downtown Plaza in the City of Dubuque,
Iowa to the Blue Moon Development
Corporation.
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all
objections, oral or written, to the proposal to
dispose of interest of the City of Dubuque,
Iowa in the hereinabove described real estate
to the Blue Moon Development Corporation.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the vacation of said
portion of Iowa Street and Main Street is
approved.
Section 2. That the disposal of the interest
of the City of Dubuque, Dubuque County,
Iowa in real property described as Lot A and
Lot B of Block 14 in Dubuque Downtown
Plaza in the City of Dubuque, Iowa to the
Blue Moon Development Corporation is
approved.
Section 3. The City reserves all rights
(east 5'6" of Lot B of Block 14 in Dubuque
Downtown Plaza) for all utilities, sidewalks,
lights, traffic control devices, parking meters
and any other purposes necessary for
protection of pedestrian use of the sidewalk
and vehicular use of the adjoining Iowa
Street.
Section 4. That the Mayor be authorized
and directed to execute a Quit Claim Deed,
and the City Clerk be and is hereby
authorized and directed to deliver said deed
of conveyance to the above named grantee.
Section 5. That the City Clerk be and is
hereby authorized and directed to record a
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carred by the
following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Proof of publication, certified to by the
Publisher, on Notice of Sale of $3,000,000
Parking Revenue Bonds, Series 1990 and
communication of Speer Financial, Inc.
recommending to award bid to Piper, Jaffray
& Hopwood, Inc. at a net interest rate of
7.5860%, presented and read. Council
Member Voetberg moved that the proof of
publication be received and filed. Seconded
by Council Member Pratt Carried by the
following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
RESOLUTION NO. 176-90
Regular Session, AprII 23, 1990
Section 1. That the bid for the bonds as
above set out is hereby determined to be the
best and most favorable bid received and,
said bonds are hereby awarded based on said
bid.
Section 2. That the statement of infor-
mation for bond bidders and the form of
contract for the sale of said bonds am hereby
approved and the Mayor and Clerk are
authorized to execute the same on behalf of
the City.
Section 3. That the notice of the sale of
the bonds heretofore given and all acts of the
Clerk done in furtherance of the sale of said
bonds are hereby ratified and approved.
Passed and approved this 23rd day of
April, 1990.
RESOLUTION DIRECTING SALE
OF $3,000,000 PARKING REVENUE
BONDS.
WHEREAS, pursuant to notice as
required by law, bids have been received at
public sale for the bonds described as
follows and the best bid received is
determined to be the following:
$3,000,000 PARKING REVENUE BONDS:
Bidder: Piper, Jaffray & Hopwood, Inc of
Minneapolis, MN
the terms of said bid being:
Total Interest
Plus Discount
Net Interest Cost
Net Interest Rate
$2,930,326.10
$30,000.00
$2,960,326.10
7.5860%
Attest:
Mary A. Davis
City Clerk
lames E. Brady
Mayor
217
Bidder: Harris Trost and Savings Bank &
Associates of Chicago, IL
the terms of said bid being:
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Proof of publication, certified to by the
Publisher, on Notice of Sale of $1,965,000
General Obligation Bonds, Series 1990 and
communication of Speer Financial, Inc.
recommending to award bid to Harris Trust
and Savings Bank & Associates at a net
interest rate of 6.6736%, presented and read.
Council Member Voetberg moved that the
proof of publication be received and filed.
Seconded by Council Member Beckmann.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
RESOLUTION NO. 177.90
RESOLUTION DIRECTING SALE
OF $1,965,000 CORPORATE
PURPOSE GENERAL OBLIGATION
BONDS.
WHEREAS, pursuant to notice as re-
quired by law, bids have been received at
public sale for the bonds described as
follows and the best bid received is
determined to be the following:
$1,965,000 CORPORATE PURPOSE
GENERAL OBLIGATION BONDS:
Total Interest
Plus Discount
Net Interest Cost
Net Interest Rate
$778,501.12
$17,567.10
$796,068.22
6.6736%
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section I. That the bid for the bonds as
above set out is hereby determined to be the
best and most favorable bid received and,
said bonds are hereby awarded based on said
bid.
Section 2. That the statement of infor-
mation for bond bidders and the form of
contract for the sale of said bonds are hereby
approved and the Mayor and Clerk are
authorized to execute the same on behalf of
the City.
Section 3. That the notice of the sale of
the bonds heretofore given and all acts of the
Clerk done in furtherance of the sale of the
bonds are hereby ratified and approved.
Passed and approved, this 23rd dayof
April, 1990.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Heckmann. Carried by the follow-
ing vote: Yeas—Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voctberg. Nays—None.
There was a discussion of the feasibility
of a tunnel or a skywalk for the Downtown
Hotel, linking it with the Five Flags Center.
Community Development Director James
Burke made a presentation. After discussion,
Staff was directed to provide a cost estimate
for a tunnel with an outside and inside
entrance into Five Hags Center.
There being no further business, Council
Member Voetberg moved to adjourn.
Seconded by Council Member Pratt. Carried
by the following vote: Yeas—Mayor Brady,
Council Members Deich, Heckmann,
218
Regular Session, April 23, 1990
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
Meeting adjourned at 5:40 P.M.
Mary A. Davis
City Clerk
Regular Session, May 7, 1990 219
oral objectors present at the time of the
Hearing. Council Member Voetberg moved
that the proof of publication be received and
filed. Seconded by Council Member Pratt.
Carred by the following vote: Yeas—Mayor
Brady, Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays—None.
DUBUQUE
CITY COUNCIL
Approv
OFFICIAL
PROCEEDINGS
Aff,,,f.4sz
Council Members
Attest:
City Clerk
RESOLUTION NO. 178-90
RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE
ISSUANCE OF $4,000,000 URBAN
RENEWAL TAX INCREMENT
REVENUE BONDS.
Whereas, pursuant to notice published as
required by law, this Council has held a pub-
lic meeting and hearing upon the proposal to
institute proceedings for the issuance of
$4,000,000 Urban Renewal Tax Increment
Revenue Bonds and for the purpose of pay-
ing costs of aiding in the planning, under-
taking and carrying out of the urban renewal
project designated as the "Ice Harbor Urban
Renewal District Project", under the autho-
rity of Chapter 403 of the Code of Iowa,
1989, as amended, including but not limited
to land acquisition, various docking and
shoreline improvements, parking facilities
and interest on such Bonds for not more than
three years from the issuance thereof, and
has considered the extent of objections
received from residents or property owners
as to said proposed issuance of Bonds; and,
accordingly the following action is now
considered to be in the best interests of the
City and residents thereof:
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That this Council does hereby
institute proceedings and takes additional
action for the sale and issuance in the man-
ner required by law of $4,000,000 Urban
Renewal Tax Increment Revenue Bonds for
the foregoing purpose.
Section 2. That Clerk is authorized and
directed to proceed on behalf of the City
with the sale of said Bonds, to select a date
for the sale thereof, to cause to be prepared
such notice and sale information as may
appear appropriate, to publish and distribute
the same on behalf of the City and this
Council and otherwise to take all action
necessary to permit the sale of said Bonds on
a basis favorable m the City and acceptable
to the Council.
Regular Session, May 7. 1990.
Council met at 7:30 p.m., Public Library
Auditorium.
Present: Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg, City Manager W. Kenneth
Gearhart, Corporation Counsel Barry A.
Lindahl.
Mayor Brady read the call and stated this
is the regular monthly meeting of the City
Council called for the purpose to act upon
such business which may properly come
before the Council.
The Invocation was given by Father Nonn
White, Archdiocesan Rural Life Director.
PROCLAMATIONS: Week of May 6-12
as "Be Kind To Animals Week" received by
Bob Mauer; Week of May 6-12 as "National
Hospital Week" received by Karen Koeppel;
May 7 as "Nurses Together In Caring"
received by Jean Miner & Sue Houselog;
May 13-19 as "Historic Preservation Week"
received by Robert Wild; Week of May 13
as "Tourism Week" received by Marilee
Haanrann; May 13-19 as"National Police
Week" and May 15th as "Police Memorial
Day" mceived by Chaplain David Pacholke
and Police Chief John Mauss; May 18 as
"Sertoma Candy Day" received by Harry
Althaus; Month of May as "Mental Health
Month" received by Ann Michalaski.
Council Member Voetberg moved to sus-
pend the rules to allow anyone present to
address the Council. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas—Maya Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays—None.
Proof of Publication certified to by the
Publisher on Notice of Meeting on the matter
of the proposed issuance of $4,000,000
Urban Renewal Tax Increment Revenue
Bonds of said City and the hearing on the
issuance thereof, presented and read. There
were no written objections received and no