1989 May Council ProceedingsRegular Session May 1, 1989
195
CITY COUNCIL
OFFICIAL
Regular Session, May 1. 1989
Council Met at 7:30 O'Clock p.m. at the
Public Library Auditorium.
Present--Mayor Brady, Council Mem-
bets Deich, Heckmann, Kluesner, Pratt,
Simon, Voetberg, City Manager W. Ken-
neth Gearhart, Assistant City Attorney
James A. O'Brien. Absent--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 tile
Council.
INVOCATION was given by Father
Mark Moore, Associate Pastor of St.
Mary's Catholic Church.
PROCLAMATIONS: May 1-7 as
"Cental Cellular Week";
May 1-7 as "Respect for Law Week"
received by Herk H~knmerand;
May 6th as "Nurses' Day" received by
Jean Dunne;
May 8 as "Dubuque County Extension
Service Day" received by Beverly Berna;
May 8-13 as "Community Leadership
Day";
May 9 as "National Teacher Day"
received by Betty Bradley;
May 10th as "Foster Grandparent Prc~
gram Day" received by Shirley Conry;
May 14 as "First Congregational
Cburch Day";
May 17-21 as "DubuqueFeet/Very
Special Arts Days" received by Bill
Kaesbauer and Sue Beau;
May 19 as "Sertoma Candy Day"
received by Harry Althans;
Month of May as "Mental Health
Month" received by Ann Michalski;
Month of May as "Celebrate the Tri-
States 'First' Month" received by Tom
Bond;
Month of May as "Motorcycle Aware-
ness Month" received by Ken Keman.
Proof of publication, certified to by the
Publisher, on Notice of Meeting of the
Council on the matter of the proposed is-
suance of $650,000 General Obligation
Bonds (for an essential corporate put-
pose), presented and read. There were no
written objections received and no oral
objectors present at the time of the
Hearing.
Council Member Pratt moved that the
)roof of publication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--None.
Council Member Simon moved to sus-
pend the rules to allow anyone present
to address the Council if tbey so desire.
Seconded by Council Member Heck-
mann. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
RESOLUTION NO, 153-89
RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE
ISSUANCE OF $650,000 GENERAL
OBLIGATION BONDS
WHEREAS, pursuant to notice
published as required by law, this Coun-
cil has held a public meeting and hear-
ing upon the proposal to institute pro-
ceedings for the issuance of $650,000
General Obligation Bonds for the essen-
tial corporate purpose of paying costs of
settling and adjusting legal indebtedness
of the City evidenced by a judgment
rendered against the City, and has con-
aklered the extent of objections received
from residents or property owners as to
said proposed issuance of bonds; and, ac-
cot dingly the following action is now con-
sidered to be in the best interests of the
City and residents thereof:
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That tbis Council does
hereby institute proceedings and takes
additional action for the sale and issuance
in the manner required by law of
$650,000 General Obligation Bonds for
the foregoing essential corporate put-
Section 2. The Clerk is authorized
md 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
~repared 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
196
Regular Session, May 1, 1989
sale of said bonds on a basis favorable
to the City and acceptable to the Council.
Passed, approved and adopted this 1st
day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Kluesner. Carried by tbe fofiow-
lng vote: Yeas--Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Pratt, Simon, Voetherg. Nays--None.
Proof of pubfication, certified to by the
Publisher, on Notice of Hearing on Plans
and Specs. for the West Locust Street
Storm Sower Rehabilitation Project,
presented and read. There were no writ~
ten objections ~ceived and no oral objec-
tors present at the time of the Hearing.
Council Member Voetherg moved that
the proof of publication be received and
fried. Seconded by Council Member Pratt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heckmann, Khiesner, Pratt, Simon,
Voetberg. Nays--None.
RESOLUTION NO. 154-89
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
WHEREAS, on the 28TH DAY OF
MARCH, 1989, plans, specifications,
form of contract and esMmated cost were
filed with the City Clerk of Dubuque,
Iowa for the WEST LOCUST STREET
STORM SEWER REHABILITATION.
WHEREAS, notice of heoring on
plans, specifications, form of contract
and estimated cost was published as
quli-ed by law.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications
form of contract and estinmted cost are
hereby approved as tbe plans, specifica-
tions, form of contract and estimated
cost for said improvements for said
project.
Passed, approved and adopted this 1st
day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
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, Pratt, Simon, Voetberg.
Nays--None;
proof of publication, certified to by the
Publisher, on Notice to Bidders of tbe
Receipt of bids for the construction of
West Locust Street Storm Sewer Reha-
bifitation AND Communication of City
Manager recommending to award con-
tract for the project, presented and read.
Council Member Voetberg moved that
the proof and commueication be received
and filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
RESOLUTION NO. 155-89
AWARDING CONTRACT
WHEREAS, sealed proposals have
been submitted by contractors for the
WEST LOCUST STREET STORM
SEWER REHABILITATION pursuant
to Resolution No. 116-89 and notice to
bidders published in a newspaper pub-
lished in the City of Dubuque, Iowa, on
the 6TH DAY OF APRIL, 1989.
WHEREAS, said sealed proposals
were opened and read on the 19TH DAY
OF APRIL, 1989 and it has been deter-
mined that the the bid of STRUC-
TURAL RESTORATION, INC. of
MINNEAPOLIS, MINNESOTA in the
the amount of $124,308.00 was the
lowest bid for the furnishings of alllabor
and materials and performing the work
as provided for in the plans and speci-
fications.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the contract for the above im-
provement be awarded to STRUC-
TURAL RESTORATION, INC. and the
Manager be and is hereby directed to ex-
ecute a contract on behalf of the City of
Regular Session, May 1, 1989
197
Dubuque for the complete performance
of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
and the approval of the contractoFs
bond, tbe City Treasurer is authorized
and instructed to return the bid deposits
of the unsuccessful bidders.
Passed, approved a~d adopted this 1st
day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Voetherg moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
on the amendment of the current City
Budget, presented and read. There were
no written objections received and no oral
objectors present at the thne of the
Hearing.
Council Member Heckmann 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
Dalch, Heckmann, Kluesner, Pratt,
Simon, Vcetberg. Nays--None.
RESOLUTION NO. 156-89
A RESOLUTION AMENDING THE
CURRENT BUDGET FOR THE FIS-
CAL YEAR ENDING JUNE 30, 1989
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. Following notice published
April 21, 1989 and the public hearing
held May 1, 1989, the current budget is
amended as sot out herein and in the
detail by fund and activity that supports
this resolution which was considered at
that hearing:
As Certified or
RESOURCES: Last Amended
Total Beginning Fund Balances 41,022,757
Income Other Than
Property Tax 23,736,357
Transfers In 9.307,048
State-Shared Revenue 2,995,000
Property T~x Asking 10,956.942
Total Resources 88,018,104
EXPENDITURES/
APPROPRIATIONS:
Community Protection
Police, Fire, Street Lighting, etc. 8,803,813
Human Development
Health, Library, Recreation,
Parks, etc. 4,147,954
Home & Community
Environment Garbage,
Streets, Utility Services, etc. 24,651,754
Policy and Administration
Mayor, Council, Clerk, Legal,
City Hail, etc. 3,550,124
Total Expenditures/
Appropriations* 41,153,645
Transfers Out 9,307,048
Ending Balances Including
Reserves 37,557,411
REASONS: Carryover items, hepatitis I
vaccination, Transit fuel tank replac~
Amount of Amended
Change To:
+ 152,180 41,174,937
+ 1,795,266 25,531,623
9,307,048
2,995,000
10,956,942
+ 1,947,446 89,965,550
+ 136,006 8,939,819
+ 73,862 4,221,816
+ 681,365 25,333,119
781,200 4,331,324
1,672,433 42,826,078
9,307,048
275,013 37,832,424
ment, barge lieeting permit, pool referen-
dum, liability insurance, two judgments,
198
legal expense, coal tar, Phase II In-
dustrial park, CEBA grants, additional
block grant, additional housing pro-
grams, Metrix TIF, terminal remodeling.
Passed, approved and adopted this 1st
day of May, 1989.
James E. Brady
Mayor
ATI'EST:
Mary A. Davis
City Clerk
Council Member Heckmann moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmaun,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 157-89
A RESOLUTION FOR THE
PERMANENT TRANSFER
OF FUNDS
WHEREAS, there is now in the hands
of the Treasurer the sum of $79,274
credited to the General Fund; and
WHEREAS, it is desired to transfer
$26,000 from the General Fund to the
Tort Liability Fund for increased in-
surance expense and damage claims; and
WHEREAS, it is desired to transfer
$53,274 from the General Fund to the
G.O. Bond Fund to cover the cost of the
bond discount m~d bond related expense.
NOW. THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the sum of $79,274 as
set forth above, be and the same is
hereby transferred from the General
F~nd to the Tort Liability Fund and G.O.
Bond Fund, and the City Finance Dh-et-
tot is directed to correct his books
accordingly.
Passed, approved and adopted this 1st
' day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Heckmann moved
adoption of the Resolution. Seconded by
Regular Session, May 1, 1989
onCil Member PratE. Carried by the
wing vote: Yeas--Mayor Brady,
ncil Members Deich, Hecknmnn,
[ Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider vacating an existing utility
easement located between'Lots 1 and 2
in Babcock's Addition as requested by
Dubuque Bank & Trust Co., presented
and read. There were no written objec-
tions received and no oral objectors pre-
sent 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,
Kluesner, Pratt, Simon, Voetberg.
Nays--None. Abstain--Council Member
Heckmann.
RESOLUTION NO, 158-89
WHEREAS, p~ucsuant to Resolution
and published notice of time and place of
hearing, posted in the Telegraph Herald,
a newspaper of general circula~on, pub-
lished on April 21, 1989, in the City of
Dubuque, Iowa; the City Council of the
City of Dubuque, Iowa, met on the 1st
day of May, 1989, at 7:30 o'clock p.m. to
consider the vacation and release of a ten-
foot wide utility easement granted to the
public relating to and effecting Lot I an,d,
Lot 2 of "Babcock's Second Addition
in the City of Dubuque, Iowa, ail as
shown on the easement plat filed Sep-
tember 21, 1978 as Instruraent No.
i077-1978 in the office of the Recorder
of Dubuque County, Iowa; and
WHEREAS, the City Council of the
City of Dubuque, Iowa, deems it in the
best interest of the public that said
Release and Vacation be granted and
that said easement be abandoned to the
proprietor.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY cOUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1: That the proposal to vacate
and relase a ten-foot wide utility ease-
ment between the Southwesterly proper-
ty line of Lot 1 and the Northeasterly
property line of Lot 2 of Babcock's Se-
cond Addition in the City of Dubuque,
Iowa, as hercinabove set out, and the
Regular Session, May 1, 1989
199
abandonment of said easement be the
proprietor and the same is hereby
approved.
Section 2. That the Mayor and City
Clerk be and they are hereby empowered
to execute any documents necessary to
the releasing of said easement, including
tl~s Resolution, and the Mayor and City
Clerk are hereby empowered to certify
this Resolution.
Section 3: That the City Clerk be and
she is hereby directed to file a certified
copy of this Resolution in the offices of
the Dubuque County Recorder, Auditor
and Assessor.
Passed, approved and adopted this ls~
day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by
Council Member Pr§tr. Carried by the
following vote: Yeas--Mayor Brady,
Co~mcil Members Deich, Khiesner, Pratt,
Simon, Voetherg. Nays--None. Abstain-
-Council M~mber Hecknunm.
Proof of publlcatinn, certified to by the
Publisher, on Notice of Public Hearing
to consider disposing of interest in Lot
i of Lot 16 in J.P. Porter's Addition,
presented and read. There were no writ-
ten objections received and no oral objec-
tors present at the time of the Hearing.
Council Member Kluenser 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,
Heckrnann, Khiesner, Pratt, Simon,
Voetberg. Nays--None.
RESOLUTION NO. 159-89
WHEREAS, pursuant to resolution
and published notice in the Telegraph
Herald, a newspaper of general circula-
tion, published in the City of Dubuque,
Iowa, on April 21, 1989, the City Coun-
cil of the City of Dubuque. Iowa, met on
May 1, 1989, at 7:30 p.m. in the Public
Library Auditorium. 11th & Locust
Street, Dubuque, Dubuque County,
Iowa, to consider the proposai of the
deeding of real estate described as Lot
1 of Lot 16 in J.P. Porter's Addition to
Wayne R. and Patricia L. Whittenbaugh;
and
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 Wayne R. and
Patricia L. Whittenbaugh.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1; That the disposal of interest
in the City of Dubuque, Dubuque Coun-
ty, Iowa, in the property described as Lot
1 of Lot 16 in J.P. Porter's Addition to
Wayne R. and Patricin L. Whittenbangh
be and the same is hereby approved for
the sum of $300.00, together with tim
cost of publication and filing fees; con-
veyance shail be by Quit Claim Deed.
Section 2. That the Mayor be author-
~zed and directed to execute a Quit Claim
Deed, and that the City Clerk be and is
bereby directed and authorized to deliver
said deed of conveyance to the above
named grantee.
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 City Assessor, Dubuque
County Recorder. and Dubuque County
Treasurer.
Passed, approved aud adopted this 1st
day of May, 1989.
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, Pratt, Simon, Voetberg.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider reclassifying property adjoin-
ing Nightengale Lane as requested by
Kreig Boys Ice from AG to CS District,
presented and read. There were no writ-
ten objections received and no oral objec-
tors present at the time of the Hearing.
200
Regular Session, May 1, 1989
Council Member Kluesner 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, Pratt,
Simon, Voetberg. Nays--None.
ORDINANCE NO. 23-89
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS THE
ZONING ORDINANCE OF THE CITY
OF DUBUQUE, IOWA; TO RECLAS-
SIFY HEREINAFTER DESCRIBED
PROPERTY ADJOINING NIGHT-
ENGALE LANE FROM AG AGRI-
CULTURAL DISTRICT AND R-1
SINGLE-FAMILY RESIDENTIAL
DISTRICT TO CS COMMERCIAL
SERVICE AND WHOLESALE DIS-
TRICT, said Ordinance having been
presented and read at the Council
Meeting of April 17, presented for final
action.
Council Member Kluesner moved final
adoption of the Ordinance. Seconded by
Council Member Dalch. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dalch,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 23-89
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS THE
ZONING ORDINANCE OF THE CITY
OF DUBUQUE, IOWA, TO RECLAS-
SIFY HEREINAFTER DESCRIBED
PROPERTY ADJOINING NIGHT-
ENGALE LANE FROM AG AGRI-
CULTURAL DISTRICT AND R-1
SINGLE-FAMILY RESIDENTIAL
DISTRICT TO CS COMMERCIAL
SERVICE AND WHOLESALE DIS-
TRICT.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa be amend-
ed by revising AppendLx A thereof, also
known as the Zoning Ordinance of the
City of Dubuque, Iowa to reclassify
hereinafter described property from AG
Agricultural to CS Commercial Service
District, to wit:
Lot I of Lot 2 of Lot 1 of Lot 1
of Lot 1 of Mineral Lot 222 in the
City of Dubuque, Iowa.
, the Code of Ordinances
of the City of Dubuque, Iowa be amend-
ed by revising Appendix A thereof, also
known as the Zoning Ordinance of the
City of Dubuque to reclassify hereinafter
described property from R-1 Single-
Family Residential District to CS Com-
mercial Service and Wholesale District,
to wit:
Lot 1 of "Bill's Place", except the
easteriy 224.34 feet thereof and to
the center llne of the adjoining
public right-of-way all in the City
of Dubuque, Iowa.
Section 3. That the foregoing amend-
ment has heretofore been approved by
the Plo_qning and Zoning Commission of
the City of Dubuque, Iowa.
Passed, approved and adopted tiffs 1st
day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 6th day of May,
i989.
Mary A. Davis
City Clerk
It 5/6
Council Member Kluesner moved final
adoption of the Ordinance. Seconded by
Council Member Dalch. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Daich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Proof of publication, certified to by the
Publisher, on No~ice of Public Hearing
to consider reclassifying certain proper-
ties located west of Edwards Road and
south of Patricia Ann Drive from R-3 to
R-1 and R-1 to R-3, presented and read.
There were no written objections received
and no oral objectors present at the time
Council Member Pratt moved that the
nd filed.
Regular Session
Seconded I)y Council Member Voetberg.
Carried by the following votc: Yeas--
Mayor Brady, Council Members Deich.
Iteckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--None.
ORDINANCE No. 24-89
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING APPEN-
DIX A TttEREOF, ALSO KNOWN AS
THE "ZONING ORDINANCE OF
THE CITY OF DUBUQUE, IOWA"
BY RECLASSIFYING ItEREIN-
AFTER DESCRIBED PROPERTY
LOCATED WEST OF EDWARDS
ROAD AND SOUTH OF PATRICIA
ANN DRIVE FROM R-3 MULTI-
FAMILY RESIDENTIAL DISTRICT
TO R-1 SINGLE FAMILY RESIDEN-
TIAL DISTRICT AND FROM R-1
SINGLE FAMILY RESIDENTIAL
DISTRICT AND R-3 MULTI-FAMILY
RESIDENTIAL DISTRICT TO PI
PLANNED INDUSTRIAL DISTRICT,
said Ordinance having been presented
and read at the Council Meeting of April
17, 1989, presented for further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 24-89
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING APPEN-
DIX A THEREOF, ALSO KNOWN AS
THE "ZONING ORDINANCE OF
TItE CITY OF DUBUQUE, IOWA"
BY RECLASSIFYING HEREIN-
AFTER DESCRIBED PROPERTY
LOCATED WEST OF EDWARDS
ROAD AND SOUTH OF PATRICIA
ANN DRIVE FROM R-3 MULTI-
FAMILY RESIDENTIAL DISTRICT
TO R-1 SINGLE FAMILY RESIDEN-
TIAL DISTRICT AND FROM R-1
SINGLE FAMILY RESIDENTIAL
DISTRICI' AND R-3 MULTI-PAMILY
RESIDENTIAL DISTRICT TO PI
PLANNED INDUSTRIAL DISTRICT.
WHEREAS, D. James Edwards, ap-
plicant has filed an application for zon-
ing reclassification and Conceptual
Development Plan approval for herein-
after described property in accordance
May 1, 1989 201
with provisions of the PI Planned In-
dustrial District regulations as set forth
in Section 3-4.3 of the Code of Ordi-
nances, Appendix A thereof, of the City
of Dubuque, Iowa; and
WHEREAS, the Planning and Z,~ning
Com~nission has held a public hearing on
said application for zoning reclassifica-
tion and conceptual development pl~ua
pursuant to required published notice;
and
WHEREAS, the pl~mning and Zoning
Commission has approved said applica-
tion for zoning reclassification and con-
ceptual development plan subject to
specific conditions and restrictions hay-
ing found that said plan conforms with
he review standards applicable to such
rahs as set forth in Section 3-4.3D(4) of
he Code of Ordinances, Appendix A
thereof, of the City of Dubuque, Iowa;
and
WHEREAS, the Planning and Zoafng
Commiselon recommended the concur-
rence of the City Council and approval
of said appbeation for zoning reclassifica-
tion and said conceptual development
plan; and
WHEREAS. the City Council has
received the recommendation of the Plan-
ning and Zoning Commission and hald its
own public hearing on seld conceptual
development plan and said application
for zoning reclassification pursuant to re-
quired published notice; and
WHEREAS, tile City Council has ap-
proved said conceptuai development plan
and said application for zoning
reclassification subject to the same
specific conditions and restrictions:
NOW. THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section L That the Cede of Ordinances
of the City of Dubuque, Iowa be avnend-
ed by revising Appendix A thereof, also
known as the "Zoning Ordinance of the
City of Dubuque, Iowa" by reclassifying
from R-3 Multi-Family Residential
District to R-1 Single Family Residential
District for the following described pro-
perty, to wit:
A part of Lot 6 of Patricia Ann
Acres, Lot 2 of I of 1 Duggan
Farm and Lot I of 1 of Mineral
Lot 498 described as follows:
Regular Session May 1, 1989 203
202
Beginning at the intersection of
tbe southerly right of way of
Patricia A~n Drive and the
westerly right of way of Edwards
Road; thence north 86 degrees 09
minutes 00 seconds east 347.05
feet along the southerly rlgbt of
wayof Patricia Ann Drive to a
point; thence south 0 degrees 06
minutes 40 seconds east 163.01
feet to a point of curvature; thence
soutbweeterly 218.36 feet along a
343.31 foot radius curve concave
northwesterly (chord south 20
degrees 21 minutee 54 seconds
west 214.70 feet) to a point of
tangcucy; thence south 35 degrees
45 minutes 30 seconds west 66~31
feet to a point; thence south 54
degrees 15 minutes 30 seconds
east 19.64 feet to a point ot cur-
vature; thence southeasterly
155.00 feet along a 597~96 foot
ly to a point on the curve; thence
north 38 degrees 14 minutes 30
seconds east 176.00 feet ± to a
point 220.00 feet westerly and
parallel to the west right of way
line of Edwards Road; thence
norttl 00 degrees 24 minutes 10
seconds west 215.00 feet ±;
thence north 89 degrees 35
minutes 50 seconds east 220.13
feet to the west line of Edwards
Road; tbence north 00 degrees 11
minutes 35 seconds east 150.00
feet along said line to the point of
befitting; and to the center line
of the adjoining public right-of-
way, all in the City of Dubuque,
Iowa,
Section 2. The Code of Ordinances
the City of Dubuque, Iowa be amended
by revising Appendix A thereof, also
known as the "Zoning Ordinance of the
City of Dubuque, Iowa" by reclassifying
from R-1 Single-FamilY Residential
District and R-3 Multi-Family Residen-
tial District to PI planned Industrial
District and for Conceptual Development
plan approval for the following described
property, to wit:
Beginning at a point south 00
debq'ees 11 minutes 35 seconds
east 150.00 feet from the point of
intersection of the westerly right-
of-way et Edwards Road and
Patricia Ann Drive; thence south
Regular Session, May 1, 1989
00 degrees ll minutes 35 seconds
east 36.49 feet; Thence south 00
degrees 24 minutes 10 seconds
west 613.51 feet ± along the west
right, or.way of Edwards Road;
thence south 89 degrees 35
minutes 50 seconds west 360.00
feet ±; thenee north 32 degrees 24
minutes 10 seconds wqst 250.00
feet ±; thence north 89 degrees 14
minutes 30 seconds east 107 feet
±; thence north 38 degrees 14
minutes 30 seeonds east 276.00
teet± to a point 220 feet wester-
ly and parallel with the west right-
of-way line of Edwards Road;
thence north 00 degrees 24
minutes 10 seconds west 215.00
feet ±; thence north 89 degrees 35
minutes 50 seconds east 220,13
feet to the point of beginning and
b~ing a part of Lot 1 of ~ of
Mineral Lot 498 and Lot 2 of 1 of
I of Duggan Farm; and Lot 2 of
Lot 1 et Mineral Lot 498; and to
the center line of the adjoining
public right-of-way; ail in thc City
of Dubuque, Iowa.
Section 3. That in order to accomplish
the purposes of thc PI planned Industrial
District, and the Z~ing OrdinanCe of the
City of Dubuque, Iowa, the use and kn-
~rovement of the property hereinabove
escribed PI planned industrial District
,hall be subject to the following condi-
tions and restrictions:
A. Use Regulations
The following regulations shall apply to
all uses made of land in the above
iescribed PI planned Industrial District:
1) Principal permitted uses shall be
limited to the following:
a) Manufac~ure' storage or pro-
cessing of concrete products,'but not to
include the manufacture of the raw
substances comprising said concrete 9s
a principal use. I33]
b) Manufactore or assembly of
aualcal instruments; toys; watches or
clocks; medical, dental, optical, or similar
scientific instruments; orthopedic or
medical appliances; sign or billboards
c) Manufacture, assembly, repear
or storage of electrical and electromc pro
ducts, components or equipment 133J
[ ] parking groups (See SecSinn
4-2 of the Zoning Ordinance)
B. Accessory Uses
The following uses shall be permitted as
accessory uses:
1) Any use customarily incidental
and subordinate to tbe principal use it
C. Site Development
The development, operation and
malntenm~ce of uses in the district shall
be conducted in conformance with the
standards and regulations of the PI
Planned Industrial District.
1) The construction, improvement
and dedication of Edwm'ds Road, accord-
lng to the standards of the City of Du-
buque, Iowa, shall be cmnplete to the
southerly extension of the existing right-
of-way of Patricia Ann Drive prior to any
construction or expansion of uses on the
site.
D. Lot and Bulk Regulations
1) All buildings and structures sh~Jl
be constructed a minimum of 50 feet
from all residential districts, a minimum
of 20 feet from ~he proposed Edwards
Road, with a maximum building height
of 35 feet and maximum lot coverage of
50 percent.
E. District standards:
1) All uses established after the ef-
fective date of this ordinance shall
operate in accordance with the following
performance standards:
a) Vibration
No activity or operation shall at any time
cause earth vibration perceptible beyond
tho lot line of the lot on which the opera-
tion is located, except that vibration
caused by blasting conducted in accor-
dance with the requirements of Article
III, Chopter 26 of the Municipal Code,
may exceed these limitations.
b) Smoke, Particulate Matter and
No activity or operation shall be
established which fails to meet the air
quality regulations of the Iowa Depart-
ment of Natural Resources,
c) Odor
No activity or operation shall cause at
any time the discharge of toxic or nox-
ious odor beyond the lot line of the lot
on which it is locatedi
d) Noise
No activity or operation shall be carried
on which involves noise in excess of the
noise limitations for Light Industrial
Districts set forth in Article VII, Chopter
26 of the Municipal Cede.
e) Glare
Glare, whether direct or reflected, such
as fi'om spot lights or high temperature
)recesses, and as differentiated from
general illumination, shall not be visible
beyond the lot line of the lot on which the
use is located.
f} Wastes
· Solid Wastes. All solid waste materials,
debris, refuse or garbage shall be proper-
ly contained in a closed container
signed for such purpose. No exterior in-
cineration of trash or garbage is
permissible.
Sewage and Liquid Wastes, All ~iquid
wastes shall be discharged in full com-
pliance with appropriate City, State and
Federal Regulatinns.
g) Fire Hazard
No activity or operation shall be
~tablisbed which fails to meet the City's
Fire code,
h) Outdoor Storage
All outdoor storage shnil be screened
from the adjoining residential district by
an appropriate screening or fence of at
least 6 feet in height.
F) Performance Standards
The development and maintenance of
uses in this PI Planned Industrial
District shall be established in confor-
mance with tile standards of Section 3-4,3
of the Planned Industrial District.
G) Time Limitation
The Conceptual Development Plan will
be valid for a period of five years provid-
ed a final site development plan is sub-
mitted within two years from the date of
approval.
H) Transfer of Ownership
Transfer of ownership of lease of property
in this PI Planned Industrial District
shall include in the transfer or lease
agreement a provision tbat tbe purclmser
of lessee aclmowiedges awareness of the
conditions authorizing the establishment
of this district.
Passed, approved and adopted this 1st
day of May, 1989.
James E. Brady
Mayor
204
Regular Session, May 1, 1989
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Ilerald newspaper this 6th day of May,
1989.
Mary A. Davis
City Clerk
It 5/6
Council Member Pratt moved final
adoption of the Ordinance. Seconded by
Council Member Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Dalch, Heckmanr
Kluesnek, Pratt, Simon, Voetberg.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider reclassifying property at 2349
and 2365 University Avenue from R-1 to
OR District, 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
Voetberg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich~ Heckmann, Kluesner, Pratt
Simon, Voetberg. Nays--None.
ORDINANCE NO. 25-89
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING APPEN-
DIX A THEREOF, ALSO KNOWN AS
THE ZONING ORDINANCE OF THE
CITY OF DUBUQUE, IOWA TO
RECLASSIFY HEREINAFTER
DESCRIBED PROPERTY AT 2349
AND 2365 UNIVERSITY FROM R-1
SINGLE-FAMILY RESIDENTIAL
DISTRICT TO OR OFFICE RESIDEN-
TIAL DISTRICT; said Ordinance hav-
ing been presented mxd read at the Coun-
cil Meeting of April 17, presented for
final action.
ORDINANCE NO, 25-89
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING FOR
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING APPEN-
DIX A THEREOF, ALSO KNOWN AS
THE ZONING ORDINANCE OF THE
CITY OF DUBUQUE, IOWA TO
RECLASSIFY HEREINAFTER
DESCRIBED PROPERTY AT 2349
AND 2365 UNIVERSITY FROM R-1
SINGLE.FAMILY RESIDENTIAL
DISTRICT TO OR OFFICE RESIDEN-
TIAL DISTRICT.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That thc Code of Ordinances
of the City of Dubuque, Iowa be amend-
ed by revising Appendix A thereof, also
known as the Zoning Ordinance of the
City of Dubuque, Iowa to reclassify
hereinafter described property from R-1
Single-Family Residential District to OR
Office Residentidi District with condi-
tions, to wit:
Lot 1 of Lot 222, Lot 2 of Lot 222
and Lot 223, all in Finley's Addi-
tion; and to the center line of the
adjoining public tight-of-way, all
in the City of Dubuque. Iowa.
Section 2. That the above-described
reclassification to OR Office Residential
District shall include the hereinafter
described conditions to which the proper-
ty owners, Cyril F. Boge, have agreed to
in writing prior to the public hearing:
A) No access from the site will be
allowed onto the east-west alley.
B) The lnOXbnum access allowed on-
to the north-south alley shall be 24 feet
in width.
Section 3. That the foregoing mnend-
ment has heretofore been approved by
the Plarmhig and Z~hing Co~nmission of
the City of Dubuque, Iowa.
Section 4. That the Mayor and City
Clerk of the City of Dubuque, Iowa shall
certify and file this Ordinance after its
passage with the County Recorder of
Dubuque County, Iowa and the Recorder
shall enter this instrument of record.
Passed, approved and adopted tt~s 1st
day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Regular Session, May 1, 1989
205
Herald newspaper this 6th day of May,
1989.
Mary A. Davis
City Clerk
It 5/6
Council Member Kluesner moved final
adoption of the Ordinance, Seconded by
Council Member Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Dalch, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Proof of publication, certified to by tbe
Publisher, on Notice of Public IIearing
to amend Zoning Ordinance pertaining to
Sign Regulations; Ordinance Amending
Zoning Ordimmce by enacting a new Sec-
tion 4-3, Sign Regdiations, in lieu thereof
to provide regulations for signs; Com-
munication of Mark Sehm~tz submitting
comments regarding moratorium for off-
premise signs; Commuhication of Cres-
cent Electric Supply Co. suggesting to
set aside any further discussion or action
regarding the proposed sign amendinent
until the freeway corridor study is com-
plete, presented and.read.
Council Member Heckmann moved
that the matter be tabled until after the
Work Session to be held on May 6, 1989
at 8:00 a.m. in City Hall. Seconded by
Council Member Simon. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Pratt, Simon, Voetberg. Nays--Council
Member Kluesner.
Communication of Thomas McKay, on
behalf of FDL Foods, requesting partial
release of FDL Mortgage with the City
of Dubuque for properties within the U.S.
61 Project, presented and read.
Council Member Kluesner moved that
the communication be received and filed.
Seconded by Council Member Pratt. Car-
tied by the following vote: Yeas--Mayor
Brady, Council Members Deich,
Heckmann, Kluesner, Pratt, Simon,
'Yoetberg. Nays--None.
RESOLUTION NO. 160-89
A RESOLUTION DECLARING
THE INTENT OF THE CITY OF
DUBUQUE, IOWA, TO DISPOSE
OF INTERESTS IN CERTAIN
REAL ESTATE.
WHEREAS, FDL Foods, Inc. ex-
ecuted and delivered a Real Estate Mort-
gage to the City of Dubuque, Iowa, filed
Decemlier 9, 1982, as Instrument No. 674
2-82, in connection with UDAG Grant
Agreement, UDAG Grant Number
B-81-AA-19-001614); and
WHEREAS, Lots 447, 448, 469, 47(L
471 & 472 of East Dubuque Addition No.
2 in the City of Dubuque, Dubuque Coun-
ty, Iowa, were among the real estate
parcels described in said Mortgage; and
WHEREAS, FDL Foods, Inc. has
entered into a Supplemental Partial Ac-
quisition contract with Iowa Department
of Transportation for right-of-way ac-
quisition for U.S. Highway 61, Project
No. F-61-8(22)--20-31, dated April 4,
1989, filed in the Office of the Dubuque
County Recorder on April 7, 1989, as In-
strument No. 2686-89; and
WHEREAS, those portions of the
following: Lots 447, 448, 469, 470, 471
& 472 of East Dubuque Addition No. 2
in the City of Dubuque, Dubuque Coun-
ty, Iowa, designated for right-of-way ac-
quisition in the drawings attached to the
Iowa Department of Transportation Sup-
plemental partial Acquisition Contract
filed April 7, 1989, as Instrument No.
2686-89, are to be conveyed by FDL
Foods, Inc., to the State of Iowa in con-
summation of said Supplemental Partial
Acquisition Contract; and
WHEREAS, the liens of the City of
Dubuque on the property to be conveyed
to the State of Iowa need to be released
to expedite conveyance; and
WHEREAS, said disposition of in-
terest in real estate is supported by good
and sufficient consideration; and
WHEREAS, execution of a Partial
Release of Real Estate Mortgage on
behalf of the City of Dubuque is deter-
mined to be in the public interest;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1: It is the intent of the City
Council of the City of Dubuque, Iowa, to
release the liens arising out of a Mort-
gage filed December 9, 1982, as Instru-
ment No. 674 2-82, as to the following
described real estate located in the City
of Dubuque, Iowa, only:
Those portions of the following:
206
Regular Session, May 1, 1989
Lots 448, 449, 469, 470, 471 & 472
of East Dubuque Addition No. 2
in the City of Dubuque, Dubuque
County, Iowa designated for right.
oSway acquisition in the di'awings
attached to the Iowa Department
of Transpoctation Supplemental
Partial Acquisition Contract filed
April 7, 1989, as Instrument No,
2686-89.
Section 2: That the City Clerk is hereby
directed to give notice in the manner re-
quired by law of a public hearing to be
held on May 15, 1989, at 7:30 p.m. in the
Public Library Auditorium, 11th and
Locust Streets, in the City of Dubuque,
Iowa, at which time and place all in-
terested parties will be given an oppor-
tunity to be heard for or against the prc~
posal to dispose of the real estate in-
terests herein described.
Passed, approved and adopted this 1st
day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
counci~ Member Kluesner moved adop-
tion of the Resolution setting it for Hear-
ing on May 15th, 1989 at 7:30 p.m. in the
Public Library Auditorium and that the
City Clerk publish notice in the memner
required by law. Seconded by Council
Member Pratt. Carried by the following
vote: Yeas--Mayor Brady, Council Mem-
bers Dalch, Heckmann, Kluesner, Pratt,
Simon, Voetherg. Nays--None.
An ORDINANCE Amendhig the Cede
of Ordinances by repealing certain sec-
tions of Chapter 21, Human Relations,
and enacting new sections in lieu thereof
providing for the definition of "Sexual
Orientation" and adding the definition to
the Ordin~u~ce, presented and read.
Council Member Simon moved that
this be the first reading of the Ordinance,
and that it be set for Public Hearing on
May 15, 1989 at 7:30 p.m. in the Public
Library Auditorium and that the City
Clerk publish notice in the manner pre-
scribed by inw. Seconded by Council
Member Pratt. Carried by the following
vote: Yeas--Mayor Brady, Council Mem-
bers Heckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--Council Member Dcich.
Communication of City Manager sub-
mitring bidding process for the rehabili-
tation of the Asbury Water Storage
Tank, presented and read.
Council Member Heckmann moved
that the communication be received and
filed. Seconded by Council Memher
Voetherg. Carried by the following vote:
Yeas--Mayor Brady, Council Menthers
Deich, Heckmann, Kluesner, Pratt,
Simon~ Voetberg. Nays--None,
RESOLUTION NO. 161-89
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for
the REHABILITATION OF 2.4 MIL-
LION GALLON MMG ASBURY
STORAGE TANK, in the estimated
~unount of $226,000.00, are hereby ap-
proved and ordered filed in the office of
the City Clerk for public inspection.
Passed, approved m~d adopted this 1st
day of May, 1989.
James E. Brady
Mayor
Afl'rEST:
Mary A. Davis
City Clerk
Council Member Heckmann moved
adoption of the Resolution. Seconded by
Council Member Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays None.
RESOLUTION NO. 162-89
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the
City of Dubuque, Iowa has given its
pralin~inary approval on the proposed
plans, specifications, and form of contract
and placed same on file in the offioz of
the City Clerk for public inspection of the
REHABILITATION OF 2.4 MILLION
GALLON MMG ASBURY STORAGE
TANK.
NOW, THEREFORE, BE IT RE-
SOLVED, that on the 19TH DAY OF
Regular Session, May 1, 1989
207
JUNE, 1989, 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 speciIica-
tions, form of contract and cost of said
improvement, a~ld 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 oI Dubuque, Iowa,
which notice shall be not less th~m four
days nor more than twenty days prior to
the day flxed for its consideration. At the
hearing, any interested person may ap-
pear and file objections to the proposed
plans, specifications, contract, or
estimated cost of the improvement.
Passed, approved and adopted this 1st
day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Heckmann moved
adoption of the Resol~tinn. Seconded by
Council Member Voetberg, Carried by
the fofiowing vote: Yeas--Mayor Brady,
Council Members Deich, Iteckmann,
Khiesner, Pratt, Simon, Voetherg.
Nays--None.
RESOLUTION NO. 163.89
ORDERING BIDS
BE IT RESOLVED BY THE COUN-
CIL OF TIlE CITY OF DUBUQUE,
IOWA:
That the REIIABILITATION OF 2.4
MILLION GALLON MMG ASBURY
STORAGE TANK is hereby ordered to
be advertised for bids for construcClon,
BE IT FURTHER RESOLVED, that
the amount of the security to accompany
each bid shah 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 fdr bids for the construction
of the improvements herein provided, to
be published in a newspaper having
general circulation in the City of Du-
buque, 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 6TH DAY OF
JUNE, 1989~ Bids shall be opened tu~d
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 19TH DAY OF
JUNE, 1989.
Passed, approved and adopted this 1st
day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Heck~nann moved
adoption of thc Resolution. Seconded by
Council Member Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Dalch, Heckmanm
Khiesner, Pratt, Simon, Voetherg.
Nays--None.
Communication of City Manager suh-
mitring bidding process for the major
rehabilitation of the Iowa Street Parking
Ramp, presented and read.
Council Member Kluesner moved that
the communication be received and filed.
Seconded by Council Memt)er tteck-
mann. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
RESOLUTION NO. 164419
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY
COUNCIL OF TIIE CITY OF DU-
BUQUE, IOWA:
That the proposed plans, specifications,
form of contract m~d estimated cost for
the REHABILITATION OF IOWA
STREET PARKING RAMP, in the
estimated mnount of $432,000.00, are
hereby approved and ordered filed in the
office of the City Clerk for public
inspection.
Passed, approved and adopted this 1st
day of May, 1989.
James E. Brady
Mayor
Aq~rEST:
Mary A. Davis
City Clerk
208
Regular Session May 1, 1989
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by
Council Member Heckmann. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 165-89
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, specifications, and form of contract
and placed same on file in the office of
the City Clerk for public inspection of the
REHABILITATION OF IOWA
STREET PARKING RAMP.
NOW, THEREFORE, BE IT RE-
SOLVED, that on the 5TH DAY OF
JUNE; 1989, a public hearing will be lield
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 specifica-
tions, form of contract and cost of said
improvement, and the City Clerk be and
is bereby 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 ap-
pear and file objections to the proposed
plans, specifications, contract, or
estimated cost of the improvement.
Passed, approved and adopted this Ist
day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesnex moved adop-
tion of the Resolution. Seconded by
Council Member Heckmann. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmanr
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 166-89
ORDERING BIDS
BE IT RESOLVED BY TIlE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
That the REIIABILITATION OF
IOWA STREET PARKING RAMP is
hereby ordered to be advertised for hids
BE IT FURTHER RESOLVED, that
the amount of the security ~o 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 puhllshed in a newspaper having gen-.
erai 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 24TH DAY OF MAY, 1989.
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 5TH DAY OF JUNE, 1989.
Passed, approved and adopted this 1st
day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by
Council Member Heckmann. Carried hy
the following vote: Yeas--Mayor Brady,
Council Members Dalch, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager sub-
mitring bidding process for Renovation
of Third Floor, Phase I, City Hall,
presented and read.
Com~cll Member Deich moved that the
communication be received and filed.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas--Mayor
Brady, Coundl Members Daich, Heck-
mann, Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 167-89
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
Regular Session, May 1, 1989
209
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost fol'
the THIRD FLOOR RENOVATION,
PHASE I, CITY HALL, in the esti-
~nated mnount of $60,450.00~ arc hereby
approved as~d ordered filed in the office
of the City Clerk for public inspection.
Passed, approved and adopted this Ist
day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 168-89
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, specifications, and form of contract
and placed same on file in the office of
the City Clerk for public inspection of the
THIRD FLOOR RENOVATION
PfIASE I, CITY HALL.
NOW, THEREFORE, BE IT RE-
SOLVED, that on the 5TII DAY OF
JUNE, 1989, 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 hem'd for or
against the proposed plans and specifica-
tions, form of contract and cost of said
improvement, and the City Clerk be and
is hereby directed to cause a notice of
thne 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 ap-
pear and file objections to the proposed
plans, specifications, contract, or esti-
mated cost of the improvement.
Passed, approved ~u~d adi)pted this tst
day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Dcich moved adop-
tion of the Resolution. S~onded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 169-89
ORDERING BIDS
BE IT RESOLVED BY TIIE COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
That the THIRD FLOOR RENOVA-
TION, PIIASE I, CITY HALL is heral)y
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 mnount 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 provktcd, to
be published in a newspaper having
general circulation in the City of Du-
buque, Iowa, which notice shall not be
less than four days nor more thm~ twen-
ty days prior to the receipt of said bids
at 2:00 p.m. on the 23RD DAY OF
MAY, 1989. 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 5TH DAY OF
JUNE, 1989.
Passed, approved and adopted this 1st
day of May, 1989.
James E. Brady
Mayor
A'I~PEST:
Mary A. Davis
City Clerk
Council Member Deial~ moved adop-
tion of the Resohition. Seconded by
Council Member Pratt. Carried by the
210
Regular Session, May 1, 1989
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetbcrg.
Nays--None.
ORDINANCE NO. 26-89
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF TItE
CITY OF DUBUQUE, IOWA, TO
COMPREHENSIVELY REVISE THE
RESIDENTIAL IIOUSING CODE OF
THE CITY BY REPEALING CHAP-
TER 20 THEREOF AND ENACTING
A NEW CHAPTER 20 IN LIEU
TIIEREOF, said Ordinance having been
presented and read at the Council
Meeetings of 2-6, 2-20, 3-20, 4-17, now
presented for final action.
Council Member Heckmann moved
that they ralmpose the rules and allow
no further input fi-om the public. Second-
ed by Council Member Voetberg. Carried
by the following vote: Yeas--Mayor
Brady, Council Members Dsich, Heck-
mann, Khiesner, Pratt, Simon, Voetberg.
Nays-- Nosae.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 26-89
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF Tile
CITY OF DUBUQUE, IOWA, TO
COMPRE[IENSIVELY REVISE TIlE
RESIDI~]NTIAL IIOUS[NG CODE OF
THE CITY BY REPEALING CIIAP-
TER 20 TtlEREOF AND ENACTING
A NEW CHAPTER 20 IN LIEU
THEREOF
NOW, TttERI'~FORE, .BE IT OR-
DAINED BY THE CITY COUNCIL
OF TIlE CITY OF DUBUQUE, IOWA;
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa, be amend-
ed by repealing Chapter 20 and enacting
a new Chapter 20 in lieu thereof.
Section 2. That there be adopted a new
Chapter 20 as set forth on the attached
Exhibit A which is incorporated herein
by reference.
Section 3. That this ordintmce be effec-
tive immediataly upon publication as re-
quired by law.
Passed, approved and adopted this 1st
day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
CITY OF DUBUQUE
RESIDENTIAL HOUSING CODE
TABLE OF CONTENTS
SEC. 20.1 TITLE; LEGISLATIVE FINDINGS; PURPOSES; SCOPE. 1
20-1.01 Title ............................. 1
20-1.02 Legislative Findings and Purposes ................... 1
20-1.03 Scope and Application 1
SEC. 20-2
20-2.01
20-2.02
SEC: 20-3
20-3,01
20-3.02
20-3.03
SEC. 20-4
20-4.01
20-4.02
SEC. 20-5
20-5.01
SEC. 20-6
20-6.02
DEFINITIONS ........................... 2
Unit Definitions 2
General Definitions ............................ 2
ORGANIZATION AND ENFORCEMENT ............ 4
Authority, Powers, and Duties of Housing Services Manager 4
Responsibilities and Obligations of Owners, Operators and
Occupants ......................................... 5
SMbstandard Buildings, Dwelling Units and Lots ..... 7
NOTICES AND ORDERS ...................... 9
Notice of Violation: Order of Compliance ............ 9
Order to Vacate ................................. 10
ENFORCEMENT OF THE ORDER OF THE HOUSING
OFFICER .................................... 11
Order Enforcement ........................... : . 11
PERFORMANCE OF WORK TO REPAIR OR DEMOLISH.. 12
General ...................................... 12
Recovery of Costs ............................. 12
Regular Session, May 1, 1989
211
SEC. 20-7
20-7.01
20-7.02
SEC. 20-8
20-8.01
20-8.02
20-8.03
20-8.04
20-8.05
20-8.06
SEC. 20-9
20-9,01
SEC. 20-10
20-10.01
SEC. 20-11
LICENSES AND INSPECTIONS 12
Rental Dwelling Operating License ................
Inspections ..................................... i 5
HOUSING CODE APPEALS BOARD ............... 16
Created 16
Purpose .................................... 16
Membership; Terms of Office; Vacancies ............... 16
Meetings ........................................ 16
Internal Organizations and Rules ................... 17
Procedures for Operations .......................... 17
PROCEDURE FOR ItEARING APPEAL ........... 17
Procedure ......................................... 17
HOUSING STANDARDS .......................... 20
Housing Quality Standards ........................... 20
A. Sanitary Facilities ................................ 20
B. Food Preparation and Refuse Disposal .............. 21
C. Space and Security ............................. 22
D. Thermal Environment ........................... 23
E. Iliuminatian and Electricity ....................... 24
F. Sturucture and Material ............................ 25
G. Interior Air Quality ............................... 27
H. Water Supply .................................... 28
I. Lead Based Paint ................................ 29
J. Access ........................................... 29
K. Site and Neighborhood ............................. 29
L. Sanitary Conditions ............................. 30
NULLIFICATION ................................... 30
CITY OF DUBUQUE
CODE OF ORDINANCES
CHAPTER 20: "RESIDENTIAL
HOUSING CODE"
SEC. 20.1 TITLE; LEGISLATIVE
FINDINGS; PURPOSES; SCOPE.
20-1.01 TITLE.
This chapter shall be known as the "City
of Dubuque Residential Housing Code",
or the "Housing Code"; may be cited as
such, and will be referred to herein as
"tbis Code".
20-1.02 Legislative Findings and
Purposes.
It is hereby found that there exists and
may in tbe future exist in the City, real
or personal property used or intended to
be used for residential purposes or parts
thereof which by reason of their struc-
ture, building service equipment, sanita-
tion facilities, maintenance, use, or oc-
anpancy affect or are likely to adversely
affect human health, safety and general
welfare. To correct and prevent the ex-
istence of such adverse conditions, and
to achieve and maintain acceptable levels
of residential environmental quality and
to protect and promote public heakh,
safety, and general welfare, it is furtlier
found that the establishment and en-
forcement of mihimum residential hous-
ing standards are required.
20-1.03 Scope and Application.
The provisions of this Code shall apply
to all real or personal property or portions
thereof designated, used, or intended to
be used, for human habitation. Real or
personal property in existence at the time
of passage of tiffs Code may have its con-
straction, design, arrangement, use, and
occupancy continued if such was con-
structed in accordance with the code ap-
plicable to the City at that time provid-
ed they are not presently likely to eh-
danger the llfe, limb, health, or safety of
the occupants or owners, or the public in
general.
Facilities Exempted from Housing
Code Provisions. Residential facilities
periodically inspected by a duly author-
ized State of Iowa gnvernment agency
shall be exempt from provisions of the
Housing Code. These facilities include
hotels, motels, bed-breakfast inns,
hospitals, nursing homes and State-
licensed group residential facilities.
212
Regular Session, May 1, 1989
SEC. 20-2 DEFINITIONS.
For the purpose of this Code, all words,
phrases, terms, and abbreviations shall
be construed as specified. Where such
words, phrases, terms and abbreviations
are not specifically defined, they shall
have their ordinary accepted meanings
within the context with which they are
used. Webster's New Collegiate Dic-
tionary as published by the G & C Mer-
riam Company of Springfield, Mass.,
copyright 1986, shall be considered as
providing ordinary accepted meadings.
20-2.01 Unit Definitions.
A. Definition of Dwelling Unit. Any
room or group of rooms used or intend-
ed for use for human habitation.
B. Definition of Rental DweRing Unit.
A dwelling unit that requires a payment
to be made to the owner for the posses-
sion and use thereof. There m'e two
categories of rental dwelling units:
1. Class A Units: Dwellingunit with
full facilities for private, human habita-
tion, including sleeping, cooking and
private sanitation facilities. An Efficien-
cy unit is intended to be a Class A Unit.
2. Class B Units: Dwelling unit
which lacks one or more of the facilities
necessary for privgte, human habitation.
Typical of Class B Units are rooming
units and dormitory rooms.
C. Definition of Rooming Uhit. A
dwellix~g unit used or intended to be used
for living and sleeping, but not for cook-
ing purposes.
D. Definiton of Efficiency Unit. A
dwelling unit having n6 fewer thm~ two
separate rooms, one for sleeping and
cookhig facilities and one for private
sanitation.
20-2.02 General Definitions.
1. "Abandoned" or "abandonment"
means that a building has remained va-
cant of any use authorized by the owner
and h0s been in violation of the Housing
Code for a period of six consecutive
months.
2. Housing Officer shall mean the
Housing Services Manager or his/her
authorized deputies.
3. Nuisance. Each of the following
shall be defined as nuisance:
a. Any public nuisance known at
common law or in equity jurisprudence.
b. Any attractive nuisance which
may prove detrimental to persons
whether in a building, on the premises of
a building, or upon an unoccupied lot.
c. Whatever is dangerous to
human llfe or is a menace 5o the public
health, welfare or safety as determined
by the Housing Officer.
d. A building that is structurally
unsafe, unsanitery, or not provided with
adequate safe egress, or that constitutes
a fire hazard, or otherwise constitutes a
hazard by reason of inadequate main-
tenance, dilapidation, or oi)solescence or
abandonment.
e. Uncleanliness to the risk of
unhealthiness, as determined by the
Housing Officer.
f. Whatever renders air, food or
drink unwholesome or detrimental to the
health of human beings, as determined
by the Housing Officer.
4. Vacant Buildings means
buildings which are unoccupied and
characterized by one or more of the
following conditions:
a. Are open to vaga'ants, vandals,
children or the unwary;
b. Are not maintained by ovaxer or
responsible party;
c. Are not receiving service by
public utilities.
5. Habitable Room. Any room used
or intended to be used for living or sleep-
ing purposes. Ali habitable rooms must
meet all performance requirements,
crlterin and interpretations as specified
by the Housing Quality Standards, as
listed in Subsection 20-10.01 of this Code.
SEC. 20-3 ORGANIZATION AND
ENFORCEMENT.
20-3.01 Authority, Powers, and Duties of
Housing Services Manager.
A. Creation of Housing Services Divi-
sion. There is hereby recreated the Hous-
ing Services Division in the Community
Development Department which shall be
under the admh~istrat/on and operational
control of.the Housing Services Mangaer
who is hereby authorized and directed to
adn~inister and enforce all proviaions of
Regular Sesmon, May 1, 1989
this Code.
The Housing Services Manager shall
be appointed by and serve at the pleasm~
of [he City Manager.
The City Council shall provide the
llousing Services Manager with the
number of employees as shall be
necessary for thc adlninistration of the
Code.
B. Right of Entry. Whenever
necessary to make an inspection to en-
force any of the provisions of this Code,
or wi~enever the Housing Officer has pro-
i)ablc cause to believe that there exists
in any real or personal property used or
intended to be used for residential pur-
pose any condition or code violation
which makes it hazardous, the Housing
Officer may enter at all reasonable thnes
to inspect the stone or to perform any du-
ty imposed upon the Housing Officer by
this Code; provided that if such proper-
ty be occupied, he/she shall first present
proper credentials and ask entry; and if
such property be unoccupied, he/sbe shall
first make a reasonable effort to locate
the owner or other pm:sons having charge
or control of the property and ask entry.
If such entry is refused, the Housing Ofi
ficer shall have recourse to every remedy
provided by law to secure entry.
C. Authority to Order Disconnection
of Utilities. The Housing Officer shall
have the authority to otxter disconnection
of any fuel, gas utility, or energy supplied
to a property regulated by this Code
when he/she ascertains that the equip-
ment has become hazardous or un-
healthy. Written notice of such order to
disconnect services and the causes
therefore shall be given within twenty-
four (24) hours to the owner and occupant
provided, however, that in cases of im-
mediate danger to life or property, such
disconnection may be made immediate-
ly without such notice. The Houaing Of-
ficer shall immediately notify the serv-
ing utility in writing of the issuance of
such order to disconnect. No person shall
make any reconnection without approval
of the Housing Officer.
D. Liability of Owner and Occupant.
Every owner and occupant remains liable
for violations of duties imposed upon
him/her by this Code.
Every owner, or his/~ner agent, and
every occupant, as appropriate, shall be
responaible to lnaintain their property in
accordance with the standm'ds o1' this
Code.
E. Cooperation of Other Officials and
Officers. The Housing Officer may re-
quest, and shall receive so fat' as is re-
quired in the discharge of his/her duties,
thc assistance and cooperation of other
officlais of the City.
20-3.02 Responsibilities and Obligatiol~s
of Owners, Operators and Occupants
A, Maintenance responsibilities of
owner or operator. Every owner or
operator shall maintain fit premises, in
accordance with provisions of this Code,
including performance of the falhiwing
duties:
1. Repairs. The owner or operator of
the premises shall make all repairs and
otherwise do whatever is necessary to put
and keep the premises in a fit and
habitable condition.
2. Pest Extermination.
a. Whenever infestation exists in
two (2) or more of the dwelling units of
any dwelling, or in the shared or public
)arts of any dwelling containing two (2)
or more dwelling units or more than one
(1) rooming unit, extermination thereof
shall be the responsibility of the owner
or operator.
b. In any dwelling where infesta-
tion is caused by failure of the owner or
operator to maintain the premises in
reasonably vermin-proof condition, exter-
mination shall be responsibility of the
owner or operator.
3. Owner or Operator to Let Clean
Units. No owner or operator shall permit
occupancy of any vacant dwelling unit or
rooming unit unless it is clean, sanitary,
md fit for human occupancy.
4. Maintenance of Public Area.
Every owner or operator of a dwelling
containing two or more dwelling units,
or more than one rooming unit shall be
responsible for maintaining, in safe and
sanitary condition, the shared public
·reas of the dwelling and prenlises
thereof, unless there is an agreement be-
tween the owner and occupant to the
contrary.
5. Garbage Disposal. Every owner
or operator of a multiple unit dwelling
shall supply garbage containers which
214
Regular Session, May 1, 1989
are adequate in number approved hy the
Housing Inspector and in compliance
with this Code·
6. Hanging Screens or Storm Win-
dows. The owner or operator of the
premises shall be responsible for hang:
lng all screens and storm windows except
when there is an agreement between the
owner and the occupant to the contrary.
7. Occupancy Control. No owner or
operator shall knowingly allow the oc-
cupancy of any dwelling unit or rooming
unit to exceed the number of persons per-
mitred by the Zoning Ordinance of the
City of Dubuque.
B. Maintenance Responsibilities of O~
cupante. Every occupant shall maintaln
fit premises, including performance of the
following duties:
1. Controlled Area. Every occupant
of a dwelling unit or roomLng unit shall
keep in a clean, safe, and sanitary condi-
tion that part of the dwelling, dwelling
unit, rooming unit or premises thereof
he/she occupies and controls.
2. Extermination of Pests. Every oc-
cupant of a single family dwelling shall
be responsible for the extermination of
any insects, rodente, or other pests
therein or on the premises; every occu-
pant of a dwelling contaiding more than
one dwalling unit or rooming unit shall
be responsible for such extermination
within the unit occupied by him/her
whenever said unit is the only one in-
rested. Notwithstanding the foregoing
provisions of this subsection, whenever
infestation is caused .by failure of the
owner or operator to maintain a dwelling
in reasonably vermLnproof condition, ex-
terminatlon shall be the responsibility of
the owner or operator,
3. Storage and Disposal of Garbage.
Every occupant of a dwelling shall
dispose of rubbish, garbage, animal
waste, and other organic waste in a clean
and sanitary manner by placing it Ln the
supplied disposal facilities or storage con-
taLnexs requlred by this Code or by hav-
ing it removed from the premises.
4. Fire Protection System. Every oc-
cupant of a dwelling unit shall, if the ear-
ly warning fire protection system is bat-
tery operated, be responsible to maintain
the device in proper working condition or
notify the owner or operator of any
inoperability. No occupant shall cause a
smoke detector to be removed or discon~
nected from its power source·
5. Means of Egress. No occupant of
a dwelling unit or roomLng unit shall
cause any means of egress to be
obstructed at any time.
6. Required Facilities· Every occu-
pant of a dwelling unit or rooming unit
shall keep all required fixtures and
facilities that are under the exclusive con-
trol of the occupant in a clean and saul-
taw condition and shall be responsible
for the exercise of reasonal)le care, pro-
per use, and proper operation thereof,
7. Protection of Premises. No occu-
pant shall deliberately or negligently
destroy, deface, damage, impair or
remove a part of the premises or know-
ingly permit a person to do so.
8. Disturbances~ Every occupant
shall conduct himself or herself in a man-
ner that will not disturb a neighbor's
peaceful enjoyment of their premises.
9. Occupancy Control. No occupant
shall allow the occupancy of any dwell-
Lng unit or rooming unit within which
he/she resides to exceed the number of
persons permitted by the Zoning Or-
dinance of the City of Dubuque.
20-3.03 Substandard Buildings, Dwelling
Units and Lots.
It shall be unlawful for any person in
the City, to cause or continue the use of
any substandard condition.
Substandard Condition Defined.
General. Any building, structure, or va-
cant lot used or intended to be used for
residential purposes or portion thereof in-
cludlng any dwelling unit or the premises
on which the same is located, in which
there exist any of the following listed con-
ditions to an extent that endanger the
life, limb, health, property, safety or
welfare of the public er the occupants
thereof shall be deemed and hereby are
declared to be substandm'd:
1. Inadequate Sanitation. Inadequate
sanitation shall include but not be limited
to the following:
a. Lack of or inoperable flush toilet
as required by the Housing Standards,
as listed in Section 20-10 of this Code.
b. Lack of, or inoperable kitchen
Regular Session, May 1, 1989
215
c. Leck of runding water in each udit
as required by the Standards.
2. Inadequate Heating. Inadequate
heating shall include but not be limited
to the following: Lack of, or improper
operation of adequate heating facilities
necessary for habitation.
3. Inadequate IAght/Ventllatlon. In*
adequate light and/or ventilation shall in.
clude but not be limited to the following:
Lack of minimum amounts of proper
natural light and/or ventilation necessary
for human habitation.
4. Inadequate Electricity. Inadequate
electricity shall include but not be limited
to the following: Lack of operable elec-
trical service, wiring or fixtures, or other
public or private utilities required to sex-
vice the unit and necessary for human
habitation.
5. Accumulated Standing Water.
6. Infestation of Insects, Vermin or
Rodents.
7. Lack of Conn~ctLnn to Approved
Sewage Disposal System.
8. Inadequate Garbage and Rubbish
Storage Facilities.
9. Structural Hazards. Structural
hazards shall include but not be limited
to the following:
a. Severely deteriorated founda-
tions.
b. Severely defective or deteriorated
flooring or floor supports.
c. Members of walls, partitions, or
other vertical supports that split, lean,
list or buckle.
d. Members of ecilLngs, roofs, ce'ding
and roof supports, or other structural
members which sag, split or buckle.
e. Fireplace or chimneys which list,
bulge, or settle.
10. Nuisance. Any nuisance or hazard
as defined in this Code.
11. Hazardous Wiring. All wiring ex-
cept that which conformed with all ap-
plicable laws in effect at the time of in-
stallatinn and which has been maintained
in good condition and is being used in a
12. Hazardous Plumbing. All plumb-
Lng except that which conformed with all
applicable laws in effect at the time of in-
stallafion and which has been maintained
in good condition and which is free of
cross-counnections and siphonage bet-
13. Hazardous Mechanical Equip-
ment. All mechanical eqnip~nent, in-
cluding vents, except that wiiich con-
formed with all applicable laws in effect
at the time of installation and which has
been maintained in good and safe
condition.
14. Faulty Weather ProtectLnn. Faul-
ty weather protection shall include but
not be limited to the following:
a. Defective or lack of weather pro-
tection of exterior walls and roof, in-
cluding windows and doors.
b. Broken, rotted, split or buckled
exterior wall coverings or roof coverings.
15. Hazardous or Unsanitary Pre-
raises. Those premises which have az-
cumulated weeds, vegetation, junk, dead
organic matter, debris, garbage, rat har-
borage, stagnant water, combustible
materials and/or any materials or condi-
tions constituting fire, health, or safety
hazards.
16. Inadequate Exits. All buildings or
portions thereof not provided with ade-
quate exit facilities shall be considered
substandard.
17. Improper Occupancy. Ail bdildinge
or portions thereof occupied for living,
sleeping, cooking or dining purposes
which were not designed or intended to
be used for such occupancies shalfbe con-
sidered substandard.
18. Ova-Crowding. Over-crowding ex-
ists where more occupants inhabit a room
or premises than is safe or sanitary.
SEC. 20-4 NOTICES AND ORDERS.
20-4.01 Notice of Violation: Order of
Compliance.
A. Notice and Order. Whenever the
Housing Officer determines that there ex~
ists a violation of any provisions of this
Code or of any rule or regulations
adopted pursuant thereto, he/she shall
give notice of such violation to the pep
son or persons responsible and shall order
compliance. Each notice and order shall:
216
Regular Session. May 1. 1989
I. Be in writing;
2 Include a list of violations refer-
lng to the sections of this Code violated:
3. Specify a pef~od of time not to ex-
ceed thirty (30) days m begin repairs,
vacation, or demolition m~d not to exceed
renew (90) days for completion:
4. Be served upon the owner, or
Iris/her agent, by delivering the same at
his/her residence, office or place of
business by Certified mall or m person.
Ali such Certified mail shall bear indicia
requesting return to sender or forwarding
address if not deliverable as addressed:
5. Subsequent to the owner or
his/her agent having been notified by the
Housing Officer of a violation for which
he/she is responsible, a copy of the notice
and order may also be posted on tho
premises. It may also be delivered or sent
by regular mall to the occupants of this
proper~y;
6. Ii necessary, also require the
dwelling or portion thereof ~o be im-
mediately vacated ~md not reoccupicd un-
til the required repairs and improvements
are completed, inspected and approved
5y the Housing Officer',
7 Cbntaln statements advising (i)
that any ~erson having any recorded ti-
tle or legal interest may appeal from the
notice and order or emy action of the
HouSing Officer to the Housing Cede
peals Board. provided the appeal is made
in writing as provided in this Code. and
filed with the Housing Officer within
fourtee~ 1141 days from the date of ser-
vice of such notice and order, or action:
and Iii that failure to appeal will con-
stitute a waiver of all rights to an ad-
ministrative hearing and determination
of the matter.
8. This paragraph shall not be inter-
preted to prevent the enforcement and
imposition of fines and penalties for each
day of violation, prior to correction.
20-4.02 Order to Vacate.
A Posting. Every order ~o vacate
shall in addition to being served as pro-
vided in Subsection 20-4.01. be posted ar
or upon each entrance to the bulidiqg,
dwelling unit, lodging unit or roorcfing
unit or other real or persona[ property
used or intended to be used for residen-
clal property m~d shall be in substantial-
[y the following fonn:
NOTICE TO VACATE
This .... has been
declared to be substandard to the ex~en~
that it endangers life. limb. health, pro~
per~y, or welfare of the public or oc-
cupams. After do no~
occupy or use for ....
Housing Officer
City of Dubuque, Iowa
B Complimme. Whenever such notice
is posted, the Itousing Officer shall in-
clude a notification tliereof in ti~e notice
and order reciting the conditions which
necessitate the posting. No person shall
remain in or enter any building, dwelling
unit. lodging uni~. or rooming unit or
other real or personal property used or
intended to be used for residential pur-
poses which has been so posted exeep~
that en~i'y may be made to repair,
demolish or correc~ the violations. No
person shall remove nor deface any such
notice after it is posted until the required
repairs, demolition or correcsions have
been completed, inspected and approvcd
in writing by the Housing Officer. Any
person vialatmg this subsection shall be
guilty of a misdemeanor.
C. Emergencies. Whenever. in thc
iudgment of ~he Itouslng Officer. an
emergency exists which requires un.
mediate action ~o pro~ec~ tlie public
health, safety or welfare, an order may
be issued, without a hearing or appeal.
directing the owner, occupant, operator
or agent to take sflch action as is ap-
propelate to COlXect or abate tfie emergen.
cy. If circumstances warrant, the IIous-
lng Officer may ac~ ~o correct or abate
the emergency under terms of the Iowa
Statutes for abatement of public
SEC. 20-5 ENFORCEMENT OF THE
ORDER OF THE HOUSING
OFFICER.
20-5.01 Order Enforcement.
A. General. After any order of the
Itousing Officer made pursuant to this
Code shall have become final, no person
to whom any such order is directed shall
fail. neglect or refuse to obay any such
order.
B. Housing Officer Options. If any
noted violations have not been corrected
by the time allowed for said corrections.
the Housing Officer may initiate one or
Regular Session, May 1, 1989
217
more of the following actions to insure
compliance, including but not limited to:
1. Initiate legal proceedings for the
intoned/ate correction of the alleged viola-
tions; and/or
2. Revoke any operating license
and/or order the dwelling, dwelling unit
or rooming unit or other real or personal
property used or intended to be used for
residential purposes, vacated within a
specified period of time; and/or
3. Cause the building to be repaired
and the cost thereof recovered in the
manner hereinafter provided by this Cede
or by other applicable laws, ordinances
or statutes utilized; and/or
4. Upon an og~ement by the person
required to conform to the order that
he/she will comply with the order if al-
lowed additional time. the Housing Of-
ficer may grant a reasonable extension
of time not to exceed twelve months from
the date of the original notice and order;
and/or
5. Institute proceedings to seek
demolition of the s{ructure with the
assistance of the Building Official of the
City of Dubuque; and/or
6. Require the dwelling or portion
thereof to be iromedlately vacated and
not rcoccupied until the required repairs
and improvements are completed, in-
spected and approved by the Housing
Officer.
SEC. 20-6 PERFORMANCE OF
WORK TO REPAIR OR DEMOLISH.
20-6.01 General.
When any repair or demolition is deemed
necessary by the Housing Officer pur-
suant to Subsection 20-5.01, the Officer
may attempt to procure repair or demo/l-
tion at City Expense.
20-6.02 Recovery of Costs.
Whenever a cost to repair, abate, or
demolish a property which violates this
Code is recurred by the City, the Hous-
lng Officer shall prepare and certify the
actual cost to the City Clerk who, in turn,
shall certify such cost t5 the County
Treasurer, and it shall then constitute a
lien against said property and be col-
lected with and in the same manner as
general property taxes on said property.
SEC. 20-7 LICENSES AND
INSPECTIONS.
20-7.01 Rental Dwelling Operating
License.
A. License Required. No person shall
operate a rental dwelling unit, as defined
by the Code. in the City unless he/she
holds a current unrevoked rental dwell-
ing operating license issued by the Hous-
ing Officer in the name of the owner/
operator for the specific named dwelling.
The annual fee for operating rental dwell-
lng units shall be as specified by resolu-
tion of the City Council.
B. Terms of Operating Licenses.
Every operating license issued shall re-
main effective for a period of up to one
calendar year from the date of its is-
suance, and upon application may be
renewed and remain effective for suc-
cessive periods of one calendar year
unless sooner revoked at any time by the
Housing Officer for noncompfiance with
any applicable provisions of this Code.
Rental dwelling operating licenses may
be transferred from one person to another
person provided notice of transfer is
given in writing within five (5) working
days of the transfer, to the Housing Of-
ficer. Rental dwelling operating licenses
shall not be transferable from one dwell-
ing to another dwelling. Every person
holding an operating license shall give
notice in writing to the Housing Officer
within five (5) working days after having
transferred or otherwise disposed of the
legal control of the licensed dwelling.
Such notice shall include the name and
address of the person or persons suc-
ceeding to the ownership or control of
such licensed dwelling.
C. SuspensionIRevocation.
1. The Housing Officer may, for
good cause, suspend or revoke any license
issued under this article, or in the case
of a multi-family dwelling, suspend the
license as to one or more units for a
period not to exceed one (1) year for any
of the following:
a. Conviction or judgement of the
licensee for violation et any provision of
this chapter;
b. Misrepresentation by the
licensee of any material fact in the ap-
plication for a license;
c. Refusal by the licensee to per-
mit inspection by Housing or Fire
218
Regular Session. May 1. 1989
Depar~men~ personnel of the premises
licensed:
2. Prior to troy suspension or revoca-
non under this subsection the Housing
Officer shall give notice in writing to the
land owner and/or agent.
3. During the period of revocation or
suspension. ;he unit or units for wlfich
the license was suspended or revoked
shall not be relicensed.
4 The Housing Officer shall cause
to be issued to the licensee a notice that
~he license is suspended or revoked~ sec-
ting forth the reasonls: therefor. The
notice shall be sent by certified United
States nmil to the licensee at the address
on file with the Housing Officer.
5. No revocation or suspension shall
Lake effect until ninety (90) days after
notice is received by the licensee.
6. Appeal by the licensee to the City
Council from a decision of the Housing
Officer shall be taken by delivering
within ten (10) days from the date of
receipt of the notice of suspension or
revocation, a written notice of appeal to
the Housing Officer. The Housing Officer
shall notify the licensee in writing of the
time and place for hearing the appeal.
The licensee may present evidence to the
City Council at the public hearing as to
why the license should not be suspend-
ed or revoked.
D. Licenses. The Housing Officer is
hereby authorized to issue and renew ren-
tal dwelling operating licenses for specific
dwellings, in the names of the applicant
owners, operators, or managers, provid-
ed the following criteria are met:
1. The dwelling for which a rental
dwehing operating license is sought is
warranted by the owner or operator to
substantially comply with applicable pro-
visions of this Code.
2. The owner or operator legally
authorized and responsible for
maintenance of the dwelling for which a
rental dwelling operating license is
sought shall first make application
therefore on an application provided by
the Housing Officer.
3. All fees i~luired by this Code pur-
suant to the issuance of a rental dwell-
ing operating license are paid in full to
the City.
4 The applicant shall designate a
responsible agent to represent the owner-
operator whenever he/she is not available
for maintenance of the dwal~ng for which
a license is sought. Said agent shall have
full authority and responaibili~y, the
same as the owner/opera,or, for maintain-
ing the dwelling.
E. Renewal. Penalty for Falhire ~o
Renew License.
[ Application for renewal of a ren~-
al dwelling operating license may be
made within sixty 160) days prior to thc
expiration of an existing operating
license.
2. Issuance of rental dwelling
operating licenses under this chapter is
required effective January 12. 1981. Any
application made for such license after
August 1. 1981 on any rental dwelling
unit which was rented on August 1 1981
shall be assessed a penalty an~oun; o~
twice the cos; of the annual license for
each year or portion of a year of delin-
quency after August L 1981.
8. Application for renewal of rental
dwelling operating licenses in any year
after the first year shall be due on
January first. Application may be made
and license fees paid until April first
without penalty. Applications made after
April 1 shall be assessed such penalties
as are described in Subsection 2 of this
section.
F. Relationship of License to Other
Codes. The issuance of any license for any
rental dwelling unit shall not in anyway
signify or imply that tbe rental dwelling
unit conforms with the Iowa State
Building Code or the housing, building,
zoning and fire ordinances of the City of
Dubuque, Iowa. The issuance of a license
shall not relieve the owner or operator of
the responsibility for compliance with
said applicable housing, building, zoning,
and fire or other applicable codes and
ordinances.
20-7.02 Inspections.
A. General. All real or personal proper-
ty used or intended to be used for residen-
tial purposes shall be subject to inspee-
tion by the Housing Officer:
1. Whenever requested and ap-
proved by the owner or occupant; or
2. Whenever the Housing Officer
Regular Session, May 1_ 1989 21__~9
· ] A. The Housing Code Appeals Board
3. Whenever upon inspection of a I shall be comprised of a membership ~f
violation of this Code is foun~, no,ice an~i. ~ .fiv~ .(5)~p. ers~ans w.h, o~ sh~ll_bse oa~t~ent ~3~
order is given, and the dwelling unit shall by the ~ty t:ounan tor ~erm
be subject to reinspection to determine
if corrections have been made; or
4, When the dwelling unit is lccated
in any area designated by the City Coun-
cil for comprehensive block enforcement
of the Housing Code; or
5. If the property is a licensed ten-
Cai unit or is subject to licensing re-
quirements pursuant to Subsection
20-7.01 of this Code.
B. Inspection Requiremenfs for All
Licensed Dwellings. All rental dwelling
units shall be subject to regular housing
code enforcement inspection and
reinspected as necessary. There shall be
no charge for the initial rental dwelling
unit inspection or complaint inspection,
and for two reinspections. For each re-
quired additional relnspection, there shall
be a reinspectinn fee as specified by
resolution of the City Council.
C. Presnie andior Mor~gagellnspec-
tlon. Whenever anyone requests presale,
pre-loan or other housing inspection, the
person making the application shall pay
an inspection fee as specified by resolu-
tion of the City Council·
SEC. 20-8 HOUSING CODE AP-
pEALS BOARD.
20-8.01 Created.
There is hereby created a Housing Code
Appeals Board to have such powers and
responsibilities to the extent of the
authority granted by the City Council,
20-8.02 Purpose.
The Housing Code Appeals Board shall
conduct hearings upon application by
any person aggrieved by a notice and
order of the Housing Officer issued in
connection with a violation of the City of
Dubuque Residential Housing Code or of
any applicable rule or regulation issued
pursuant to the City of Dubuque Resi-
dential Housing Code. The Board shall
also review revised or additional derini-
tions and procedures submitted by the
Housing Officer and shall be empowe;~~d
to adopt, reject, or modify same.
20-8.03 Membership; Terms of Office;
years. All terms of office shall expire on
the eleventh day of January in their
respective years.
B. Upon completion of their term of qb
rice, members shall conthme to serve m
their full capacity until a successor has
be~n duly appointed.
C. Vacancies on the Board caused by
death, resignation or other reason shall
be promptly filled by the City Council for
the unexpired term of office·
D. The Board shall elect a chairperson
and vice-chairperson from its members at
the first regular meeting of each year,
E. Members of the Board shall be
residents of the City and may not be
employed by the City.
20.8.04 Meetings.
A. The Housing Code Appeals Board
shall meet at least quarterly and at such
intervals as necessary in order to fulfill
its purpose.
B. Members of the Board shall attend
at least two-thirds of all regularly
scheduled and held meetings within a
twelvemonth period. If any member does
aot attend such a prescribed number of
meetings, it shall constitute grounds for
the Board to recommend to the City
Council that said member be replaced.
The attendance of all members shall be
entered upon the minutes of all meetings.
C. All meetings shall be hold in con-
formance with the provisions of the Iowa
Open Meetings Law.
D. The Housing Officer shall serve as
secretary to the Board and shall render
all decisions and findings in writing to
the appellant.
E. The Housing Officer shall file with
the City Council a copy of the minutes
of each meeting of the Board within ten
(10) working days after each such
meeting.
20.8.05 Internal Organization and Ruiss~
The Housing Code Appeals Board may
adopt rules and regulations to govern its
organizational procedures as it may deem
220
Regular Session, May 1, 1989
necessary and which are not in conflict
with tiffs Chapter or other regulations of
the City.
204~06 Procedures for Operations.
All administrative, personnel, account-
ing, budgetary m~d procurement policies
of the City shall govern the Housing
Code Appeals Board in all of its
operations.
SEC. 20-9 PROCEDURE FOR HEAR-
ING APPEAL.
20-9.01 Procedure.
A. Application. Any person aggrieved
by a notice and order of the Housing Of-
ricer issued in connection with any al-
leged violation of this Code or of any ap-
plicable rule or regulation issued pur~
suant thereto, may apply to the Housing
Code Appeals Board for a reconsideration
of such notice and order provided such
application is made within fourteen (14)
days of the date the notice and order was
issued. The appeal must include the
following:
1. Name and address of appellant(s).
2. A brief statement setting forth
the legal interest of each of the appellants
in the real or personal property used or
intended to be used for residential pur-
poses identified in the notice and order.
3. A brief statement in ordinary and
concise language of that specific order or
action protested, together with any
material facts claimed to support the con-
tentions of the appallant:
4. A brief statement in ordinary and
concise language of the relief sought, and
the reasons why it is a/aimed the pro-
tested order or action should be reversed,
modified or otherwise set aside.
5. The signatures of all parties
named as appellants, and their official
msillng address.
B. Notice of Hearing. Upon receipt of
any appeal filed pursuant to this section,
the Housing Officer shall forward same
to the Chairperson of the Housing Code
Appeals Board. As soon as practicable
after receiving the written appeal, the
Chairperson of the Housing Code Ap-
peals Board shall fix a date, time and
place for the hearing of the appeal. Such
date shall be not less than thirty (30) days
nor more than sixty (60) days from the
date the appeal was received by the
Housing Officer unless the appellant
agrees to a more rapid adjudication of the
case. Written notice of the time and place
of the hearing shall be given at least ten
(10) days prior to the date of the hearing
to each appeallant either by causing a
copy of such notice to be personally
delivered to the appellant 9r by mailing
a copy thereof to his/her address shown
on the appeal.
C. Waiver. Failure of any person to file
an appeal in accordance with the provi-
sions of this Code shall constitute a
waiver of his/her right to an ad-
ministeative hearing and adjudication of
the notice and order, or to any portion
thereof.
D. Hearing Appeals. The conduct of
hearing appeals filed with the Housing
Code Appeals Board shall be governed
by Sections 1-20 through 1-25 of the City
of Duhaque Code of Ordinances.
E. Appeals Board Option. The Hous-
ing Code Appeals Board, by a majority
vote, may sustain the notice enid order
or grant a variance or extension of time.
In granting an extension or variance of
any notice or order, the Appeals Bom-d
shall observe the following conditions:
1. Extension of Time. The Board
may grant an extension of time for the
compliance of any notice and order for
not more than twelve (12) months sub-
ject to appropriate conditions and provid-
ed that the Board m~kes specific findings
of fact based on evidence relating to the
following:
a. That there are practical dif-
ficulties or unnecessary hardsl~ps in car-
rying out the strict letter of any notice
and order; and
b. That such an extension is in
harmony with the general purpose and
intent of this Code in securing tbe public
health, safety and general welfare; and
c. That the violation in question
does not constitute an imminent threat
to public health, safety, and welfare.
2. Variance. The Board may grant
a variance in a specific case and from a
specific provision of this Code subject to
appropriate conditions and provided the
Board makes specific findings of fact
based on evidence related to the
following:
Regular Session__ May 1, 1989 221
a. That there are practical dif~ and a shower or tub with hot and cold
ficulties or unnecessary hardships in car-
rying out the strict letter of any notice
and order; and
b. That the effect of the applica-
tion of the provisions would be arbitrary
in the specific case; and
c. That an extension would not
constitute an appropriate remedy for
these practical difficulties or unnecessary
hardships; and
d. That such variance is in har-
mony with the general purpose and in-
tent of this Code in securing the public
health, safety and general welfare and
does not constitute an imminent danger
to the public; or
e. Historic Buildings. That the
repairs and alterations necessary for the
preservation, restoration, or continued
use of a building or structure may be
made without conformance to all of the
requirements of this Code, when author-
ized by the Housing Code Appeals B~ard
provided:
1) The building or structure has
been designated by official action of the
applicable legislative or administrative
body as having special historical or
chitectural significance.
2) Any substandard conditions
as described in Section 20-3 of this Code
will be corrected.
SEC. 20-10 HOUSING STANDARDS.
Housing governed by the Housing Code
shall meet the Housing Quality Stan-
dards promulgated by the United States
Department of Housing and Urban
Development (HUD), Title 24, Code of
Federal Regulations, part 882.109, (a)
through (1). The approved interpretations
further define the Standards as they shall
apply to housing in the City.
20-10.01 Housing Quality Standards.
A. Sanitary Facilities.
1. Performance Requirement~ Each
dwelling uult shall include its own
sanitary facilities which are in proper
operating condition, are adequate for per-
sonal cleanliness and the disposal of
human waste.
2. Acceptability Criteria. A flush
toilet in a separate private room, a fixed
basin with hot and cold running water,
running water shall be present in the
dwelling unit, all in proper operating con-
dition. These facilities shall utilize an ap-
proved pu~fic or private disposal system.
3. Approved Interpretations.
a. A room in which a water closet
is located shall be separated from food
)reparation or storage rooms by a tight-
fitting door.
b. Every water closet compart-
merit or bathroom floor surface shall be
:onstructed and malntalnod so as to be
reasonably impervious to water.
c. The required bathroom area
shall have at least one (1) openable win-
dow or other adequate exhaust vantila-
tion which must vent to the outside of
the unit.
d. The food preparation sink dces
not fulfill the fixed basin lavatory
requirement.
e. The tub and/or shower may be
located in an area other than that provid-
ed for the water closet and lavatory.
f. The required bathroom group
area must be illuminated by a permanent-
ly installed light fixture.
g. Sanitary Facilities Required.
All dwelling units except Class B units
shall have approved s~u~tm'y facilities for
the exclusive use of the occupant(s) of the
unit.
Buildings with Class B units shall
provide on each floor approved sanitary
facilities, no less than one such facility
for each six (6) dwelling units.
B. Food Preparation and Refuse
Disposal.
1. Performance Requirement. The
dwelling unit shall contain suitable space
and equipment to store, prepare, and
~erve foods in a sanitary manner. There
shall be adequate facilities and services
for the sanitary disposal of food wastes
and refuse, including facilities for tem-
porary storage where necessary.
2. Acceptability Criteria. The unit
shall contain the following equipment in
proper operating condition: cooking stove
or range and a refrigerator of appropriate
size for the unit, supplied by either the
owner or the family, and a kitchen sink
with hot and cold running water. The
222
sink shall drain into an approved public
or private system. Adequate space for
the storage, preparation and serving of
food shall be provided. Tbece sliafi be ade-
quate facilities and services for the
sanitery disposal of food wastes and
refuse, including facilities for temperary
storage where necessary (e.g., garbage
3. Approved Interpretation.
a. Every dwelling unit except
Class B units shall be provided with a
room or portion of a room for a kitchen
or kitchenette within the dwefiing unit.
b. Counters or tables for food
preparation shall be furulshed with sur-
faces that are easily cleanable and that
will not impart any toxic or harmful ef-
fect to food.
c. Every kitchen or kitchen area
shall have at least one light fixture and
two duplex outlets.
d. Every kitchen or kitchenette
must have a floor surface which can be
maintained in a sanitary condition.
e. The above standards apply to
all Glass B units only if kitchen or kit-
cbenette is present.
f. Duplex and multiple unit dwell-
ings shall have supplied garbage and
refuse containers. Occupants of single-
unit dwellings shall be responsible for fur-
nishing conteiners.
C. Space and Security.
1. performance Requirement. That
dwelling unit shall afford the family ade-
quate space and security.
2. Acceptability Criteria. A living
room, kitchen area, and bathroom shall
be present; and the dwelling unit shall
contain at least one sleeping or llv-
lng/sleeping room of appropriate size for
each two (2) persons. Exterior doors and
windows accessible from outside the unit
shall be lockable.
3. Approved Interpretations.
a. Minimum Space.
1) Calfing Height. Habltable
rooms or areas shall have a ceiling height
of not less than seven feet (7'). Other
rooms or areas may have a ceiling height
of not less than six feet-eight inches
{6'8 "), measured to the lowest projection
Regular Session, May 1, 1989
from the ceiling.
If a room has a sloping ceiling,
the prescribed ceiling lieight is required
in no less thm~ one-half the area thereof.
No portion of the room measuring less
than five feet (5') from floor to ceiling
shall be included in the computation of
the minimum floor area for the renan.
2) Dwelling Unit Area. Each
unit shall have at least one habitable
room having not less than one hundred
(100) square feet of floor area. Other
habitable rooms shall have an area of not
less than seventy (70) square feet. Wliere
more than two (2) persons occupy a room
used for sleeping, the required floor area
shall be increased by fifty (50) square feet
for each occupant in excess of two (2).
No habitable room shall measure
less than seven feet (7') in length or
width.
8) Efficiency Unit Area. Each
efficiency unit shall have a living area of
no less than two hundred-twenty (220)
square feet.
Efficiency units shall be oc-
cupied by no more than two (2)
occupants.
4) Use. Rooms other than
habitable rooms shall not be used for llv-
ing or sleeping.
b. Passageways. A bathroom or
water closet compartment shall not be
used as the only passageway to any
habitable room, hall, basement or cellar,
or to the exterior of the unit.
c. Lighting. Every hall and stair-
way in a dwelling shall be provided with
adequate lighting.
D. Thermal Environment.
1. Performance Requirement. The
dwelling unit shah have and be capable
of maintaining a thermal environment
bealthy for human habitation.
2. Accepteblifity Criteria. Tbe dwell-
lng unit shall contain safe heating and/or
cooling facilities which are in proper
operating condition and can provide ade-
quate heat and/or cooling to each room
ia the dwelling unit appropriate for the
climote to assure a healthy living en-
vironment. Unventod rotan heaters whicli
burn gas, oil or kerosene are unaccept-
able.
Regular Session, May 1, 1989
223
3. Approved Interpretations.
a. Heating facilities shall be
capable of supplying a minimum of 68
degree F measured at the thermostat.
b. The heating unit shall be
vented to eliminate the escape of pro-
ducts of combustion inte any habiteble
or transiently occupied area.
c. Every heat duct, steam pipe
and hot water pipe shall be free of leaks.
d. Every ranm heater vent pipe
shall be eqnipped with thimbles or guards
constructed of nonflammable material at
the point where the pipe penetrates any
wall, ceiling or partition.
e. Water heating devices shall be
vented and supplied with a combination
temperature and pressure relief valve and
such device shall be fitted with a rigid
vent pipe of undiminished diameter and
extended to within one (1) foot of the
floor.
E. Illumination and Electricity.
1. Performance Requirement. Each
room shall have adequate natural or ar-
tiflclal illumination to permit normal in-
door activities and to support the health
and safety of occupants. Sufficient dec-
trical sources shall be provided to permit
use of essential electrical appliances while
assuring safety from fire.
2. Acceptability Criteria. Living and
sleeping rooms shall include at least one
window. A coiling or wall type light fix-
ture shall be present and working in the
bathroom and kitchen area. At least two
(2) electrical outlets, one of which may be
an overhead light, shall be present and
operable in the living area, kitchen area.
and each bedroom area.
3. Approved Interpretations.
a. Natural Light and Ventilatkm.
All habitable rooms shall be provided
with natural light by means of exterior
glazed openings with an area of not less
than eight percent (8%) of the floor area
of such rooms.
Ali habitable rooms shall be pro-
vided with natural ventilation by means
of operable exterior openings with an
area of not less than four percent (4%) of
the floor area of such rooms.
b. Overcurrent Protection. Over-
current protection shall be provided with
properly sized S-type fuses or circuit
breakers.
c. Extension Cords. Temporary
wiring or extension cords shall not be
used as permanent wiring. Extension
cords shall not penetrate walls and may
not run through doorways, nor be routed
under floor coverings.
d. Grounding. The building elec-
trical service entrance panel shall be
grounded with a jumper installed across
the water meter unless the lack of such
bonding met prior electrical department
approval.
e. Ground type electrical outlets
shall be grounded.
F. Structure and Material.
1. Performance Requirement. The
dwelling unit shall be structurally sound
so as not to pose any threat to the health
and safety of the occupants and so as to
protect the occupants from the environ-
2. Acceptability Criteria. Ceilings,
walls and floors shall not have any
serious defects such as severe bulging or
leaning, large holes, loose surface
materials, severe buckling or noticeable
movement under walking stress, missing
parts or other serious damage. The roof
structure shall be firm and the roof shall
be weother tight. The exterior wall struc-
ture and exterior wall surface shall not
have any serious defects such as serious
leaning, buckling, sagging, cracks or
holes, loose siding, or other serious
damage. The condition and equipment of
interior and exterior stairways, halls,
perches, wsikways, etc., shall be such as
not to present a danger of tripping or fall-
ing. Elevators shall be maintained in safe
and operating condition. In the case of
a mobile home, the home shall be securely
anchored by a tiedown device which
distributes and transfers the loads im-
posed by the unit to appropriate ground
anchors so as to resist wind-caused over-
turning and sliding.
3. Approved Interpretations.
a. Foundations, Exterior Walls
and Roofs. Every foundation, exterior
wall and roof shall be substantially
weathertight, watertight, rodent proof
and shall be kept in gcod repair.
b. Windows, Exterior Doors and
224
Regular Session, May 1, 1989
Basement Hatchways. Every window,
exterior door and basement or eefiar door
and hatchway shell be substantially
weatbertight, rodent proof and kept in
good repair.
c. Stairways and Porches. Every
inside and outside stair, porch and any
appurtentmce thereto shall be safe to use
and aladl be properly maintained.
d. Drains. All rain water shell be
properly drained from every roof so as
not to cause dampness in the wells, ceil-
ings or floors of any habitable room, or
of any bathroom or water chiset com-
partment.
e. Exterior Wood Surfaces. All ex-
teriar wood surfaces requiring chemical
preservation shell be protected from
water seepage and against deterioration
with a paint covering or some other
suitable material.
f. Floors, Interior Walls, Interior
Doors and Ceilings. Every floor, interior
wall, interior door and ceiling shall be
kept in sound condition and good repair.
g. Accessory Structures. Ac-
cessory structures on the premises of a
dwelling unit shell be maintained in good
repair.
h. Mobile Homes. Mobile homes
shall be provided with at least one smoke
detector.
i. Handrails. Structurally sound
handrails shall be provided on any step
system containing four (4) or more risers.
j. Guardrails. All porches, patios
and balconies lecated more than 30 inch-
es higher than the adjacent areas shall
be provided with protective guardrells.
Guardrafis when replaced shall comply
with Uniform Building Code Standards.
k. Fire Extinguishers. Approved
type fire extinguishers shall be provided
on each floor of a multiple dwelling~ so
located that they will be accessible to the
occupm~ts, and spaced so that no person
will have to travel more than seventy-five
feet (75~) from any point to reach the
nearest extinguisher. Hellway exting-
uishers shall be five to seven pound
capacity Underwriters' Laboratory
Rating of 2A10BC or approximate
equivalent. (Exception: In lieu of hallway
extinguishers..each dwelling or rooming
unit may be provided with extinguishers
of approximately two and one-half (2'/2)
pound capacity equal to Underwriters'
Laboratory Rating of 1A10BC.)
1. Smoke Detectors. Al! dwelling
units shall be provided with operating
smoke detectors, of a type approved by
the Fire Marshal. The detectors shall be
installed on the ceiling or well at a point
centrally located in the corridor or area
giving access to rooms used for sleeping
purposes. Smoke detectors installed in
areas where sleeping rooms arc on m~ up-
per level shell be placed above the stair-
way, All detectors shall be located acco~
ding to the Nationel Fire Fi'otection
Association Standard No, 74 (1984
Edition).
G. Interior Air Quality.
1. Performance Requirement. The
dwelling unit shell be free of pollutants
in thc air at levels which threaten the
health of the occupants.
2, Acceptability Criteria. Dwelling
units shall be free from dangerous levels
of air pollution from carbon mono×ide,
sewer gas, fuel gas, dust and other harm-
ful air pollutants. Air circulation shell be
adequate throughout the unit: Bathroom
areas shall have at least one openable
window or other adequate exhaust
ventilation,
3. Approved Interpretation.
a. The unit shall be free from ab-
normally high levels of elr pollution from
vehicular exhaust, sewer gas, fuel gas,
dust, or other pollutants.
"Abnormelly high" means that
the levels of noxious gases or other
pollutants are consistently present in
amounts that would constitute a contin-
uing health hazard to the occupant.
b. At least one window in each
sleeping area shell be openable to outside
air.
c. Where openable windows are re~
quired, screens shell be provided and
kept in good repair.
H, Water Supply.
1. Performance Requirement. The
water supply shall be free from
contamination.
2. Acceptability Criteria. The dwell-
ing unit shall be served by an approved
public or private sanitary water supply.
Regular Session
3. Approved Interpretations. Upon
inspection, all private water systems
shall be tested by the City of Dubuque
Laboratory, at the expense of the owner.
I. Lead Based Paint.
1. Performance Requirement.
a. The dwelling unit shall be in
compliance with HUD Lead Based Paint
regulations, 24 CFR Part 35, issued pur~
suant to the Lead Based Paint Poison-
ing Prevention Act, 42 U.S.C. 4801, and
the owner shall provide a certification
that the dwelling is in accordance with
such HUD regulations.
b. If the property was constructed
prior to 1978, the family upon occupan-
cy shall have been furnished the notice
required by the HUD Lead Based Paint
regulations and procedures regarding the
hazards of lead based paint poisoning,
the symptoms and treatment of lead
poisoning and the precautions to be taken
against lead poisoning.
2. Acceptability Criteria. Same a:
Performance Requirement.
3. Approved Interpretations.
a. All interior painted surfaces
shall be free from loose, flaking or peel-
ing paint, or paint that is in any way
noticeably separating from the con-
structed surface material.
b. All exterior painted surfaces
shall be free from incee, flaking or peel-
ing paint; all exterior wood surfaces shall
be treated as per Subsection F.3.e. of this
section.
c. Any paint chips, particles, or
paint offel of any nature that is generated
in the processes of paint removal, or in
any other manner, shell be collected and
removed from all areas of the premises.
d. Paint will be applied only to
properly prepared surfaces.
J. Access.
1. Performance Requirement. The
dwelling unit shall be usable and capable
of being maintained without unauthor-
ized use of other private properties, and
the building shell provide, an alternate
means of egress in case of fire.
2. Acceptability Criteria. The dwell-
lng unit shall be usable and capable of b~
lng maintained without unauthorized use
May 1, 1989 225
of other private properties. The building
shall provide an alternate means of
egress in case of fire (such as fire stairs
or egress through windows).
3. Approved Interpretations.
a. Every dwalling unit shall have
immediate access to two (2) or more
unobstructed means of egress.
b. Egress may be into a corridor
having two (2) separate directions of
travel to exits.
c. First and second floor windows
are considered to be approved means of
egress.
d. Any habitable room above the
second floor must have a second means
of egress which must be approved by
either the Fire Marshal or BuiMing Of-
finial. The egress herein contemplated
may include egress through other rooms
of the same dwelling unit, provided there
are at least two (2) separate means of
egress from that floor.
K. Site and Neighborhoods.
1, Performance Requirement. The
site and neighborhood shall be reason-
ably free from disturbing noises and
reverberations and other hazaeds to the
health, safety and generel welfare of the
cecupants.
2. Acceptability Criteria. The site
and neighborhood shell not be subject to
serious adverse environmental condi-
tions, natural or manmade, such as
dangerous welks, steps, instability,
flooding, poor drainage, septic tank
backups, sewage hazards or mudslides;
abnormal air pollution, smoke or dust; ex-
cessive noise, vibrations or vehicular traf-
ftc; excessive accomulation of trash; ver-
min or rodent infestations; or fire
hazards.
3. Approved Interpretations. No oc-
copant or owner of a dwelling unit shell
accumulate any materals in such a man-
ner that may provide a harborage or
serve as food for rats.
L. Sanitary Conditions.
1. Performance Requirement. The
dwelling unit and its equipment shell be
in sanitary condition.
2. Acceptability Criteria. The dwell-
ing unit and its equipment shell be free
of vermin and rodent infestation.
226
Regular Session, May 1, 1989
3. Approved Interpretations. No occu-
pant or owner of a dwelling unit shall ac-
cumulate any materials in such a mm~-
net that may provide a harborage or
serve as food for rats.
L. Sanitary Conditions.
1. Performance Requirement. The
dwelling unit and its equipment shall ho
in sanitary condition.
2. Acceptability Criteria. The dwell-
ing unit and its equipment shall be free
of vermin and rodent infestation.
3, Approved Interpretatinns.
a. Plumbing fixtures that require
traps shall be provided with stone.
b. Occasional observation of
roaches, mice or other vermin shall be
considered indicators of possible pro-
blems but shall not be considered proof
of infestation.
SEC. 20-11 NULLIFICATION.
A. Nullification. The provisions of tbJs
chapter shall not nullify the responsibili-
ty of any person to comply with any pro-
visions of the Iowa State Building Code
or other applicable fire prevention codes,
phimbing, electrical, building, and zoning
codes and ordinances of the City.
Published officially in the Telegraph
Herald newspaper this 29th day of May,
1989.
Mary A. Davis
City Clerk
it 5/29
Council Member tfeckmann moved
final adoption of the Ordinance. Second-
ed by Council Member Voetberg, Carried
by the following vote: Yeas--Mayor
Brady, Council Members Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays Council Member Deich.
RESOLUTION NO. 170-89
RESIDENTIAL HOUSING
CODE FEES
A RESOLUTION OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT "SCHEDULE A, RESIDEN-
TIAL HOUSING CODE FEES"
ESTABLISHING FEES AS PRO-
VIDED IN THE RESIDENTIAL
HOUSING CODE AND ENACTING
A "SCHEDULE A RESIDENTIAL
HOUSING CODE FEES."
WIIEREAS, thc City of I)ubuquc,
iowa charges certain fees fl~r the process-
lng of applications pursuant to the l/esi-
dential Housing Code; and
WIIEREAS, the City Council has
determined that the specific amount of
such fees should be set hy Resohi6on;
and
WHEREAS, the City of Dubuque,
Iowa, has adopted a Residential IIous-
lng Code requiring a schedule of fees,
NOW, TtIEREFORE, BE IT BE-
SOLVED BY Titl,] CITY COUNC'IL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. To enact thc attached
"Schedule A, Residential th)using Code
Fees" in accordance with the llesidential
}lousing Code.
Section 2. That the City Clerk bo and
is hereby authoriz, ed and directed to
publish a complete copy of this Resalu-
tion establis}fing a "Scbedule A, Residen-
tial Housing Code Fees."
Section 3. That the new schedule of fees
adopted by this Resolution sball be in ef-
fect after passage, approval and pubbea-
tion of this resolution.
Passed, approved and adopted this 1st
day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 29th day of May,
Mary A. Davis
City Clerk
It 5/29
Council Member Heckmann moved
adoption of the Resolution. Seconded by
Council Member Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members tteckmann, Kluesner,
lb'att, Simon, Voetberg. Nays--Conncil
Member Dalch.
Communication of City Manager sub-
mitted Second Progress Report on
Freeway Corridor Planning and re-
questing Council to review the materials
and to give indication to Staff of Coun-
cil's agreement or disagreement with
work completed, presented and read.
Regular Session, May 1, 1989
227
Council Me~nber Heckmann 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, Pratt,
Simon, Voetberg. Nays--None.
Communication of City Manager re-
questing Council to discuss the issues of
undergrounding electric utility lines in
key locations along the freeway corridor
and give staff direction on how to pro-
ceed, presented and read.
Council Member Pratt moved that the
connnunicatkin be received and filed and
referred to the City Manager to review
the area with Interstate Power Co. and
the cost factors that are necessary vs.
where required. Seconded by Council
Member Deich. Carried by the following
vote: Yeas--Mayor Brady, Council Mem-
bers Daich, Heckmann, Kluesner, Pratt
Simon, Voetberg. Nays--None.
Communication of City Manager ap-
proving a request from Mr. Al Malerr at
2660 Central Ave. to construct an awn-
ing which will overhang the public right-
of-way of Central Avenue, presented and
read.
Council Member Heckmann 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, KIuesner, Pratt,
Simon, Voetberg. Nays--None.
ORDINANCE NO. 27-89
AN ORDINANCE AUTHORIZING
AL C. MAIERS TO CONSTRUCT AN
AWNING OVER THE PUBLIC
WALKWAY AT 2660 CENTRAL
AVE., presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 27-89
AN ORDINANCE AUTHORIZING
MR. AL C. MAIERS TO CONSTRUCT
AN AWNING OVER THE PUBLIC
WALKWAY AT 2660 CENTRAL AVE.
NOW, THEREFORE, BE IT OR-
DA/NED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Al C. & Patricia A.
Malers as owners of the premises known
as Maiers Barber Shop, 2660 Central
Ave., Dubuque, Iowa, and legally
described as NV~-WV~-273 Davis Farm
Addition be and they are hereby granted
the revocable permit and authority to
construct and maintain ~m awning under
the terms and conditions set forth in this
Ordinance.
Section 2. That such construction shall
be done in accordance with plans
heretofore submitted by permittees and
approved by the City Manager, under the
supervision and direction of the City
Manager, and in accordance with all ap~
plicable state and federal laws and regdia-
tions, and the Ordinances of the City of
Dubuque.
Section 3. That the permission herein
granted is expressly conditioned on per-
mittces' agreement to:
a) Assume any and all liability for
damages to persons or property which
may result from the existence, location,
installation, construction or maintenance
of said awning;
b) Pay on behalf of the City of
Dubuque, all sums which the City of
Dubuque shall become obligated to pay
by reason of the liability imposed upon
the City of Dubuque for damages of any
kind resulting from the location, installa-
tion, existence, construction or main-
tenance of said awning sustained by any
person or persons, caused by accident or
otherwise to defend at its own expense
and On behalf of said City any claim
against the City of Dubuque arising out
of the location, installation, existence,
construction or maintenance of awning
and to pay reasonable attorney fees
therefore; and
c) Indemnify, defend and hold the
City of Dubuque free and harmless from
any and all claims, loss, liability and ex-
pense for death and/or injuries to third
persons or dmnages to property of third
persons, or for damage to any property
of the city of Dubuque which may occur
as a result of or in connection with the
location, installation, construction,
maintenance and repair of the facility,
work or impruvement permitted herein,
Section 4. That the per~nission herein
granted is expressly conditioned upon
)ermittees' further agreement that
should the right and privilege herein
granted be rescinded or revoked by
the City Council, permittees, or their
228
Regular Session, May 1, 1989
successors in interest, as owners of thc
abutting property, shall within ten (10)
days after receipt of written notice from
the City Manager, so to do, at their own
expense, remove said awning and in the
event of their failure so to do, the City
of Dubuque shall be authorized to remove
said awnLqg at permittee's expense and
dispose of the same, and the per~nittee
shall have no claim against the City or
its agents for damages resulting kom the
removal of said awning.
Section 5. That permitees convenant
and agree that the revocable permit
herein grunted does not constitute an ap-
proval of the design, erection, location,
construction, repair or maintenance of
said facility and said permittees hereby
convenant and agree not to assert such
claim or defense against the City of
Dubuque in the event of claim asserted
for death, personal injuries and/or proper-
ty damage against the permittees aris-
ing out of or in any way connected with
the location, installation
design, repair and maintenance of the
facility herein permitted.
Section 6. This Ordinance shall become
effective and the rights hereunder accrue
to A1C. Malers when this Ordinance has
been adopted by the City Council and the
terms and conditions thereof accepted by
permittees by acceptance endorsed on
this Ordinance.
Section 7. That the City Clerk be and
she is authorized and directed to file at
permittces' expense a copy of this Or-
dinance in the office of the Recorder in
and for Dubuque County, Iowa.
Passed, approved and adopted this 1st
day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
ACCEPTANCE OF ORDINANCE
NO. 27-89
The undersigned having read and be-
ing familiar with the terms and condi-
tions of Ordinance No. 27-89 hereby, for
themsalves, their successors or assigns,
as owners of the abutting property, ac-
cept the same and agree to be bound by
the conditions and agreements theraln
contained to be performed by permittees.
Dated: April 20, 1989
By: s/A1 C, Maiers
President
s/Patricia A. Maiers
Property Owner
Published officially in the Telegraph
Herald newspaper this 8th day of May,
1989.
Miry A. Davis
City Clerk
It 5/8
Council Member Heekmann moved
this be considered the first reading of the
Ordinance, and that ttle requirement that
a proposed OrdLqance 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
r moved final adoption of the
Ordinance. Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas--Mayor Brady, Council Men~bers
Deich, Heckmann, Kluesner, Pratt,
Simon, Voetbcrg. Nays--None.
Communication of City Manager sub-
mltting Resolution accepting a payment
relatLqg to purchase, improvement and
operation of the former J.C. Penney Bldg.
in Town Clock Plaza, presented and read.
Council Member Kluesner moved thgt
the communication be received and filed.
Seconded by Council Member Pratt. Car:
tied by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, KLqesner, Pratt, Simon, Vcetberg.
Nays--None.
RESOLUTION NO. 171-89
A RESOLUTION ACKNOWLEDG-
ING THE PAYMENT BY DUBUQUE
IN-FUTURO, INC. OF $330,000 TO
THE CITY OF DUBUQUE AS FULL
PAYMENT OF ALL OBLIGATIONS
OWED BY DUBUQUE IN-FUTURO,
INC. TO THE CITY OF DUBUQUE
UNDER CERTAIN PROMISSORY
NOTES AND LOAN AGREEMENTS.
WHEREAS, Dubuque In-Future, Inc.
borrowed certain funds from the City of
Dubuque, Iowa, for the purpose of buy-
lng, improving, marketing and operating
property that is locally known as the
"Penney's Building"; and
WHEREAS, Dubuque In-Future, Inc.
has sdid said building to American Trust
& Savings Bank of Dubuque, Iowa, and
Regular Session, May 1, 1989
229
has received the sum of $330,000 from
the sale of that property; and
WHEREAS, said proceeds are not suf-
ficient to repay to the City of Dubuque
all of the funds borrowed from the City
of Dubuque, for the purchase of such pro-
perty, and
WHEREAS, it was never intended
that Dubuque In-Future, Inc. incur or ab-
sorb uny of the costs resulting from the
"Penney's Building" project; and
WHEREAS, the City of Dubuque con-
eludes that it is Lq the best interest of the
City to accept such proceeds in full
satisfaction of all of the Notes and Loan
Agreements executed in relation to such
purchase.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council of the
City of Dubuque, Iowa, hereby accepts
the sum of $330,000 ~n full satisfaction
of certain Promissory Notes between the
City of Dubuque, Iowa, und Dubuque In-
Future, Inc. bearing dates of 9/10/84
2/4/85, 10/15/85, and 1/5/87, and the Loan
Agreemente relating to such Promissory
Notes.
Section 2. That the Mayor ~nd the City
Clerk be and they are hereby authorized
and directed to execute uny documents
necessary to accomplish such result.
Passed, approved and adopted this 1st
day of May, 1989.
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, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager
recommending adoption of a Resofution
supporting the application of Voorhees
Development Group for funding under
the Iowa Finance Authority's Housing
Assistance Fund Program, presented and
read.
Council Member Heckmann 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, Pratt, Simon,
Voetberg.. Nays--None.
RESOLUTION NO. 172.89
A RESOLUTION SUPPORTING
APPLICATION OF THE VOORHEES
DEVELOPMENT GROUP FOR
FUNDING UNDER THE IOWA
FINANCE AUTHORITY'S HOUSING
ASSISTANCE FUND PROGRAM.
WHEREAS, the City of Dubuque
recognizes the continuing unmet need for
provision of assisted housing to the
City's qualifying lowerdncome elderly
households; and
WHEREAS, the Iowa Finance
Authority has made available funds to
assist cities and private developers to
create additional lowdncome housing;
and
WHEREAS, the Voeehees Develol~
ment Group Inc. has approached the City
with a proposal to create 42 units of low-
income housing for elderly households,
and has asked that the City be the local
housing sponsor of a proposal for funding
to the Iowa Finance Authority.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque
as the local housing sponsor hereby of-
flcially expresses suppport for the
Voorheee Development Group's applica-
tion to the Iowa Finance Authority for
Lqw-income housing development
assistance.
Section 2. That the City Clerk is hereby
authorized and directed to transmit a cer-
tified copy of this Resolution to the Iowa
Finance Authority on behalf of the City
of Dubuque, Iowa.
Passed. approved and adopted this 1st
day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Heckmann moved
adoption of the Resolution. Seconded by
230 Regular Session~ May 1, 1989
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Petition of Council Melnber Heckanmm
requesting approval to travel and repre-
sent the City at our Sister City in the
Soviet Union and further requesting to
draw upon the Council's travel budget to
do so, presented and read.
Council Member Simon moved that the
petition be approved and authorized trip
and funds. Seconded by Courted Member
Pratt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Kfuesner, Pratt,
Simon, Voetberg. Nays--None,
RESOLUTION NO. 173-89
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, Iowa, that the
following having complied with the pro-
visions of law relating to the sale of
Cigarettes within the City of Dubuque,
Iowa, be granted a permit to sell Cigar-
ettes and Cigarette Papers within said
City.
Jeanne A. Weber
(My-Cap) Mald-Rit e
115 West llth St.
Passed, approved and adopted tbls 1st
day of May. 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
~on of the Resolution. Seconded by
Council Member Heckmann. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Khiesner, Pratt, Simon. Voetberg.
Nays--None.
RESOLUTION NO. 174-89
WHEREAS, Applications fox' Beer
Permits have been submitted and filed
to this Council for approval and the stone
bave been examined and approved; and
WHEREAS, The premises to be oc-
cupied by such applicants were inspected
and found to comply with the Ordhwnces
of this City and have filed proper bond;
NOW, THEREFORE, BE IT RE,
SOLVED by the City Council of the City
of Dubuque, Iowa, that the Manager be
authorized to cause to be issued to the
following named applicants a Beer
Permit.
CLASS "B" BEER PERMIT
Nites of the Square Table, Inc.
Dubuque Fest 6th Street - Bluff
Dubuque Main Street Ltd
DubuqueFest 7th & Town Clock Plaza
Chris Baethke
Grand Cafe 35 Bast Eighth St,
CLASS "C" BEER PERMIT
Revco Discount Drug Centers, Inc.
3049 Ashary Rd
(Also Sunday Sales)
Dubuque Yacht Basin, Inc.
1630 E. 16th St.
(Also Sunday Sales)
Passed, approved a~d adopted this 1st
day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member HecMnaun. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetherg.
Nays--None.
RESOLUTION NO. 175-89
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 oc-
cupied by such applicants were inspected
and found to comply with the State Law
and all City Ordinances relevant tbereto
and they have filed proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa, that the Manager be
authorized to cause to be issued to the
following nmned applicant(s) a Liquor
License.
Regular SessiOn, May 1, 1989
231
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
ARA Leisure Service, Inc.
Dubuque Greyhound Park E. 16th St.
(Also Sunday Sales)
Passed vpproved and adopted this ls£
day of May 1989.
James E. Brady
Mayor
A'FPEST;
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tkm of the Resolution. Seconded by
Council Member tteckmann. Carried by
the following vote: Yeas--Mayor Brady,
Council Melnbers Daich, Heckmann,
Kluesner, Pratt. Simon, Voetherg.
Nays--None.
MINUTES SUBMITTED: Airport
Comm. of 4-11; Cable TV Regulatory
Comm. of 4-19; Civil Service Croton. of
3-28; Five Flags Comm. of 3-20; Housing
Code Review Comm. of 3-28; Human
Rights Comm. of 4-1p; Plumbing Bd. of
4-18; Tranait Bd.'s Earnings Statoment
and Statistics for third quarter of FY'89,
presented and read.
Council Member Deich moved that the
minutes be received and flied. Seconded
by Council Member th-att. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
NOTICES OF CLAIMS]SUITS: Mrs.
Silas Christopberson in amount of
$293.34 for backed up sewer damages;
Mrs. Mary Lugraln in unknown amount
for personal injuries; Bridget Helm in
amount of $36.73 for personallosses; In-
terstate Power Co. in amount of $223.57
for property damages; Thorp Credit, Inc.
vs. Steven Gorley et al suhinitting peti-
tion for foreclosure of real estate mort-
gage, presented and read.
Council Membex Deich moved that the
claims and suits be referred to the Legal
Staff for investigation and report.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Pratt, Simon, Voetherg.
Nays--None.
Communication of Corporation
Counsel rccolnmendhig closure/denial of:
Cai' damage claim of Allstate thsurance
(Win. Leibfl'ied); Tire damage claim of
Patrick Connofly; Fall - personal injury
claim of Dorothy Murphy, presented and
read.
Council Member Deich moved that tile
connnunications be received and filed and
closures/denials approved. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Klueaner, Pratt, Simon, Voetberg.
Nays--None. · '
Petition of residents of Evergreen
Drive requesting tbeir sti'eet be rebuilt
in the year 1990 or 1991, presented and
read.
Council Member Deich moved that the
petition be referred to ~he City Manager
and staff for investigation and report.
Seconded by Council Member Pratt. Car-
tied by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
moam, Kluesner, th-att, Simon, Voetberg.
Nays--None.
Chairperson of Library Bd. of Trustees,
Marllyn McDonald. advising that Mr.
William Gould did resign from his posi-
tion as a Board Member on April 20,
1989, presented and read.
Council Member Deich moved that the
communication be received and filed.
Seconded by Council Member Pratt. Car-
tied by the following vote: Yeas--Mayor
Brady, Cotmcil Members Deich, Heck-
mann, Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager sub-
mitting Financial Reports for the month
of March, 1989, presented and read.
Council Member Deich moved that the
communication be received and filed.
Seconded by Council Member Pratt. Car-
tied by the fallowing vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
mmm, Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of Corporation Coun-
sel submitting opinion of the Iowa
Supreme Court in Galinvaux, et al vs.
City of Dubuque and Board of Police
Trustees, presented and read.
Council Member Deich moved that the
communication be received and filed.
232
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Dalch, Iteck-
mann, Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Merchants Mutual Bonding Co. sub-
mitring their Certificate of Authority and
Certification for the year 1989, to be
placed on file, presented and read.
Council Member Deich moved that the
Certificate be received and fried. Second-
ed by Council Member Pratt. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heekmann,
Khmsner, Pratt, Simon, Voetherg.
Nays--None.
Petition of Wm. Stierman requesting
to be added to the special assessments
to assist in paying for the Gillespie Street
Sanitary Sewer and then be allowed to
be serviced by this service, presented and
read.
Council Member Deich moved that the
petition be referred to the City Manager
and Staff for investigation and report.
Seconded by Council Member Pratt. Car-
tied by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Pratt, Simon. Voetharg.
Nays--None.
Tbere being no further business, Coun-
cil Member Pratt moved to odjourn.
Seconded by Council Member Voetherg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Pratt,
Simon, Voetherg. Nays--Council Mem-
bers Deich, Khiesner. Abstaln--Councll
Member Heckmann.
Meethig adjourned at 12:03 A.M.
5-2-89.
Mary A. Davis
City Clerk
Approved -- -- 1989
Adopted ~ 1989
Regular Session, May 1, 1989
Council Members
ATI'EST:
City Clerk
Mayor
Regular Session, May 15, 1989
233
CITY COUNCIL
OFFICIAL
Regdlar Session, May 15, 1989
Council Met at 7:30 p.m., at the Public
Library Auditorium.
Present--Mayor Brady, Council Mem-
: bets Deich, Heckmann, Kluesner, Pratt,
Simon, Voetherg, City Manager W. Ken-
neth Gearhart, Corporation Counsel
Barry A. Lindahl.
Mayor Brady read the call and stated
this is the REGULAR MONTHLY
MEETING of the City Council cdlled for
the purpose to act upon such business
which may properly come before the
Council.
INVOCATION was given by Rev. Clif-
ford Close, Pastor of the Assembly of
God Church.
PROCLAMATIONS: May 14 as "Na-
tinnal Historic Preservation Week"
received by Paula Stonlund;
Week of May 14th aq "Tourism Week"
received by Marilee Harrmann;
May 14~20 as "Peace Officers Week" and
May 15 as "Pease Officers Memorial
Day" received by David Pacholke aud
John Mauss;
May 21-27 as: "NAIW Week".
RESOLUTION NO. 179-89
RESOLUTION ENDORSING
PRESENTATION OF A PLAQUE TO
OFFICIALS OF OUR SISTER CITY
OF PYATIGORSK ON BEHALF OF
THE CITY COUNCIL OF THE
CITY OF DUBUQUE, SUCH PRE.
SENTATION TO BE MADE BY
MAYOR PRO-TEM HECKMANN ON
HIS TRIP WITH THE SISTER
CITY COMMITTEE DURING THE
MONTH OF MAY 1989
WHEREAS, the City of Dubuque,
Iowa, and the City of Pyatigorsk,
Stavropol Region. has established a sister
city relationship; and
WHEREAS, both parties signed a
Protecol Of Intent in March 1989 formal-
ly establishing a friendly relationship be-
tween the two cities; and
WHEREAS, both cities wish to fur-
ther mutual understanding and friend-
sh/p between the peoples of the Union of
Soviet Socialist Republics and the United
States of America; and
WHEREAS, the Dubuque City Coun-
cil unanimously supports the strengthen-
ing of this relationship between the two
cities; and
WHEREAS, in the spirit of friendship
and goodwill and with the purpose of
strengthening economic development,
trade and cultural ties the City of
Dubuque wishes to commemorate the
establishment of the sister city relation-
ship with Pyatigorsk by presentation of
a plaque to them.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF OFDUBUQUE, IOWA:
Section 1. That the City Council does
endorse the presentation of a plaque to
officials of our sister city of Pyatigorsk
on behalf of the City Council of the City
of Dubuque, such presentation to be
made by Mayor Pro-Tern Heekmann on
his trip with the Sister City Committee
during the month of May 1989.
Passed, approved and adopted this
15th day of May, 1989.
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,
Khiesner, Pratt~ Simon, Voetherg.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider proposal to oxecuto a Partial
Release of real estate lien of the City
for real estate owned by FDL Foods,
presented and read.
Coundri Member Kluesner moved that
the proof of publication be received and
fded. Seconded by Council Member Pratt.
Carried by the following vote: Yeas--
Mayor Brady. Council Members Dalch,
Kluesner, Pratt, Simon, Voetberg.
Nays--None. Abstain--Council Member
Heckmann.
Council Member Kluesner moved that
the rules be suspended to allow anyone
234
Regular Session, May 15, 1989
present to address the Council if they
should so desire. Seconded by Council
Member Pratt. Carried by the following
vote: Yeas--Mayor Brady, Council
Members Daich, Heckmann, Kluesner,
Pratt, Simon, Voetberg. Nays--None.
Mr. Thomas McKay, attorney for FDL
Foods, spoke.
RESOLUTION NO. 177-89
A RESOLUTION AUTHORIZING
THE CITY OF DUBUQUE, IOWA,
TO EXECUTE A PARTIAL
RELEASE OF REAL ESTATE
MORTGAGE AS TO CERTAIN
PROPERTY OWNED BY FDL
FOODS, INC. AND DESIGNATED
FOR RIGHT-OF-WAY ACQUISITION
BY THE IOWA DEPARTMENT OF
TRANSPORTATION.
WHEREAS, pursum~t to Resolution
and published Notice of time and place
of hearing, published in the Telegraph-
Herald, a newspaper of general circula-
tion, published in the City of Dubuque,
Iowa, on May 5, 1989, the City Council
of the City of Dubuque, Iowa, met on the
15th day of May, 1989, at 7:30 o'clock
P,M. in the Public Library Auditorium
11th and Bluff Streets, in the City of
Dubuque, Iowa, to consider the proposal
to dispose of interests in certain real
estate by executing a Pm-rial Release of
a Real Estate Mortgage filed December
9, 1982, as Instrument No. 6742-82, as
to the following described rea[ estate
located in the City of Dubuque, Iowa,
only:
Those portions of the following:
Lots 448, 447, 469, 470, 471 & 472
of East Dubuque Addition No. 2
in the City of Dubuque, Dubuque
County, Iowa, desginated fur
right-of-way acquisition in the
drawings attached to the Iowa
Department of Transportation
Supplemental Partial Acquisition
Contract fried April 7, 1989, as In-
strumer~t No. 2686-89.
WHEREAS, the city Council of the
City of Dubuque, Iowa, overruled any
and all objections, oral or written, to
dispose of. interests of the City of Du-
buque, Iowa, in the hercinabove real
estate;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1: That the disposition of in-
terests by the Cit2 of Dubuque, Iowa, in
the hereinbefore described real estate hy
~f a partiai Release of Real
Estate Mortgage be and the same is
hereby approved.
Section 2: That the Mayor of the City
of Dubuque be and he is hereby directed
and authorized to execute a Partial
Release of the real estate lien arising out
of a Mortgage filed December 9, 1982, as
Instrument No. 674 2-82, and the City
Clerk be and she is hereby directed and
authorized to attest said instrument and
deliver the same forthwith for recorda-
tion by the Recorder of Dubuque Coun-
ty, Iowa.
Section 3: That the City Clerk be and
she is hereby authorized and directed to
record a certified copy of this Reealution
in the office of the Dubuque County
Recorder.
Passed, approved m~d adopted this
15th day of May, 1989.
Jmnes E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved adol~
tion of the Resolution. Seconded by
Pratt. Carried by the
fallowfug vote: Yeas--Mayor Brady,
Council Members Daich, Kluesner, Pratt,
Simon, Voetberg. Abstain--Council
Member Heckmann.
Prc~f of publication, certified toby the
Publisher, on Notice of Hearing on Plans
and Specifications for the Southern
Avenue Sewer Relocation Project, pre-
sented and read.
Council Member Heckmann moved
that the proof of publication be received
and filed. Seconded by Council Member
Pratt. Caroled by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Heckmann, Kfuesner~ Pratt,
Simon, Voetberg. Nays--None~
RESOLUTION NO. 178-89
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
WHEREAS, on the 12TH DAY OF
APRIL, 1989, plans, specifications, form
Regular Session, May 15, 1989
235
of contract and estimated cost were fried
with the City Clerk of Dubuque, Iowa for
the SOUTHERN AVENUE SANI-
TARY SEWER RELOCATION.
WHEREAS, notice of hearing on
plans, specifications, form of contract,
and estimated cost was published as re-
quired by law.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications,
form of contract and es~mated cost are
hereby approved as the plans, specifica-
tions, form of contract and estimated
cost for said improvements for said
project.
Passed, approved and adopted this
15th day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Heckmann moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Daich, Heckmmm,
Kfuesner, Pratt, Simon, Voetherg.
Nays--None.
Proof of publication, certified to by the
Pabheher, on Notice to bidders of the
receipt of bids for the construction of
Southern Avenue Sanitary Sewer Reloca-
tion, AND Relocation of City Manager
recommending to award contract for pro-
ject, presented and read.
Council Member Heckmann 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
Daich, Heckmann, Kluesner, Pratt,
Simon, Voetherg. Nays--None.
RESOLUTION NO. 179-89
AWARDING CONTRACT
WHEREAS, sealed proposals have
been submitted by contractors for the
SOUTHERN AVENUE SANITARY
SEWER RELOCATION pursuant to
Resolution No. 134-89 and notice to bid-
ders published in a newspaper published
in the City of Dubuque, Iowa on the
21ST OF APRIL, 1989.
WHEREAS, said sealed proposals
were opened and read on the 3RD DAY
OF MAY, 1989 and it has been deter-
mined that the bid of TSCHIGGFRIE
EXCAVATING of DUBUQUE, IOWA
in the amount of $49,225.28 was the
lowest bid for the furnishings of all labor
and materials and performing the work
as provided for in the plans and speci-
fications.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the contract for the above im-
provement be awarded to TSCHIGG-
FRIE EXCAVATING m~d 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
15th day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Heckmann moved
adoption of the Resolutlon. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Daich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice of Hearing on Plans
and Specifications for the 1989 Asphalt
Maintenance Project, presented and read.
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, Pratt, Simon,
Voetherg. Nays--None.
RESOLUTION NO. 180-89
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
WHEREAS, on the 12TH DAY OF
APRIL, 1989, plans, specifications, form
236
Regular Session, May 15, 1989
of contract and estimated cost were filed
with the City Clerk of Dubuque, Iowa for
the 1989 ASPIIALT MAINTENANCE
PROJECT.
WHEREAS, notice of hearing on
plans, specifications, form of contract,
and estimated cost was published as re-
quired by law.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
TIIE CITY OF DUBUQUE, IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans, specifica-
tions, form of contract and estimated
cost for said improvements for said
project.
Passed, approved and adopted this
15th day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluesner moved edop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetherg.
Nays--None.
Proof of publication, certified to by the
Publisher, on Notice to Bidders of the
receipt of bids for the construction of
1989 Asphalt Maintenance Project AND
Communication of City Manager recom-
mending to award contract for project,
presented and read.
Council Member Khiesner moved that
the proof and cormnunication be received
and filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Daich, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
RESOLUTION NO. 181-89
AWARDING CONTRACT
WHEREAS, sealed proposals have
been submitted by contractors for the
1989 ASPHALT MAINTENANCE
PROJECT pursuant to Resolution No.
137-89 and notice to bidders published in
a newspaper published in the City of
Dubuque, Iowa on the 21ST DAY OF
APRIL, 1989.
WttEREAS, said sealed proposals
were opened and read on the 4TH DAY
OF MAY, 1989 and it has been deter-
mined that the bid of RIVER CITY
PAVING of DUBUQUE, IOWA in the
amount of $306,004.90 was the lowest
bid for the furnishings of all labor and
materials and perfomning the work as
provided for in the plans and specifi-
cations.
NOW, THEREFORE, BE iT RE-
SOLVED BY THE crrY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
rhat the contract for the above im-
provement be awm'ded to RIVER CITY
PAVING and the Manager be and is
llereby 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
mxd the approval of the contractor's
bond, the City 'lh'easurer is authorized
md instructed to return the bid deposits
of the unsuccessful bidders.
Passed, approved and adopted this
15th day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member tGuesner moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Daich; Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of Alfred Hughes, on
behalf of Katuin Bros., requesting a
; regarding the assignment
of property, presented and read.
Council Member Pratt moved that the
' etlon be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Daich,
Heckmann, Kluesner, Pratt, Simon,
Voetberg~ Nays None,
RESOLUTION NO. 182-89
AN AMENDEMENT TO LEASE
Regular Session
AGREEMENT BETWEEN THE
CITY OF DUBUQUE AND
KATUIN BROS., INC.
WHEREAS, the Lease Agreement
between the City of Dubuque and Katnin
Bros., Inc. was entered into between the
City of Dubuque and Katuin Bros., Inc.
on the 1st day of October, 1979, which
lease covers land only; and
WHEREAS, there is situated on the
land, certain buildings and improvements
all of which are the property of Katuin
Bros., Inc.; and
WHEREAS, the Lease Agreement is
for 30 years with a base rental of $858.35
per year payable in advance, with provi-
sions for adjustments in the cost of liv-
ing as a reference to the Consumer Price
Index for Urban Consumers (1967 =
100); and
WHEREAS, Katdin Bros., Inc. has
negotiated the sale of the buildings on the
property to Siteo, Inc., Dubuque, Iowa
and desires to sub-lease the property
owned by the City of Dubuque to Sitco,
Inc.; and
WHEREAS, Katnin Bros., Inc. desire
to have Paragraph 6 of the Lease Agree-
raent amended to eliminate any future
responsibilities of its Company to condi;
tions of the lease and also to be relieved
of the responsibilities of paying 10% of
the sub-lease rental paid by the sub-
lessor; and
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section L That the City of Dubuque
proposes to amend a lease between the
City of Dubuque and Katnin Bros., Inc.
dated October 1, 1979, to relieve Katuin
Bros., Inc. of any future responsibilities
under the lease and also to relieve Katuin
Bros., Inc. of the requirement of the pay-
ment for 10% of the sub-lease rental.
Section 2. That the City Clerk be and
is hereby authorized and directed to
cause a notice to publish as prescribed
under Section 364.7 Disposal of Proper-
ty, Code of Iowa, 1987 or tm amended for
amendments or disposition of any prope~
ty by the City of Dubuque.
Passed, approved and adopted this
15th day of May, 1989.
James E. Brady
Mayor
May 15, 1989 237
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution, setting matter for
Public Hearing on June 5, 1989 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 Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Daich, Heckmann.
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of Pla~aing and Zon-
lng Cmnmission approving rezoning re-
quest of Robert Brown to reclassify pro-
perry at 3285 Asbury Road, presented
and read.
Council Member Kluesner 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, Pratt, Simon,
Voetberg. Nays--None.
An ORDINANCE Amending Zoning
Ordinance by reclassifying property at
3285 Asbury Road from R-1 Single Fami-
ly Residential District to OR Office
Residential District, 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 a Public Hear-
ing be held on the proposed Ordinance on
the 5th day of June, 1989 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 Voetberg. Carried by
the following vote: Yeas--Mayor Brady.
Council Members Daich, Heckmann,
Kfuesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of Planning and Zon-
ing Connnisaion approving amended
Conceptual Development Plan for proper-
ty located at 55 John F. Kennedy Road
(Kennedy Mall), p~esented and read.
Cotmcil Member Sin~on moved that the
communication be received and filed.
238 Regular Session May 15, 1989
Seconded by Council Member Voetbcrg.
Carried hy the following vote: Yeas--
Mayor Brady, Council Members Deich,
Heeknmnn, Kinesner. Pratt, Simon,
Voetherg. Nays--None.
An ORDINANCE Amending Zoning
Ordinance by adopting an mnendcd Con-
cep~ual Development Plan for Kennedy
Mail PC Planned Commercial District at
55 Johe F. Kemhedy Road, presented mhd
Council Member Simon moved that
this be conshiered the first reading of the
Ordinance, and that thc requirement that
a proposed Ordinance be considered and
voted on fox' passage at two council
meetings prior to the meeting at which
it is to be finally adopted be suspended
mhd further moved that a Public Hear-
ing be held on the proposed Ordinance on
the 5th day of June, 1989 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 Voetherg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Dcich, Heckmann
Kluesner, Pratt, Simon, Voetberg,
Nays--None.
Communication of Plamfing and Zon-
ing Commission approving deletion of the
existing Section 4-9 and the establish-
ment of a new Section 2-7,3, maximum
fi'om yard setback, presented and read.
Council Member Simon moved that the
communication be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas--
Council Members Deich, He&mann,
Kluesner, Pratt, Simon, Voetherg.
Nays--Mayor Brady.
An ORDINANCE Amending Zoning
Ordinance by deleting Section 4-0 and
enacting a new Section 2-7.3 to allow for
a maximum front yard setback of 50 feet
for Single and Two-Family Residentiai
Structures within R-l, R-2 and R-3 Zon-
ing District, presented and read.
Council Member Simon moved that
this be considered the first reading of the
Ordinance, and that the requirement ~hat
a proposed Ord/nance be considered and
voted on for passage at two council
meetings prior to the meeting at which
it is to be finally 9dopted be suspended
and further moved that a Public Hear-
ing be held on the proposed Ordinance on
the 5th day of June, 1989 at 7:39 p.m.
in the Public Lihrary Auditorium and
that the City Clerk puhlish notice in the
manner prescribed by law. Seconded by
Council Member Voetherg. Carried by
the following vote: Yeas--Council
Members Daich, Heckmann, Kluesner,
Pratt, Simon, Voetherg. Nays--Mayor
Brady.
Commuhication of City Manager sub-
mitting bidding procedures for the
reconstruction of a portion of the
Madison Street steps, presented and
Council Member Simon moved that the
:ommunication be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas
Mayor Brady, Council Members Klues-
ncr, Pratt, Simon, Voetberg. Nays--
Council Members Deich, Heckmann.
RESOLUTION NO. 183-89
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for
he MADISON STREET STEPS, in the
~stimated amount of $14,155.35, are
hereby approved and ordered filed in the
dfice of the City Clerk for public
inspection.
Passed, approved and adopted this
15th day of May, 1989.
Jmnes E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
~on of the Resolution. Seconded by
Council Member Voetherg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Kluesner, Pratt,
Simon, Voetberg. Nays--Council
Members Deich, Heckmann.
RESOLUTION NO. 184-89
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
WHEREAS, the City Council of tim
City of Dubuque, Iowa has given its
Regular Session, May 15, 1989
preliminary approval on the proposed
plans, specifications, and form of contract
and placed same on file in the office of
the City Clerk for public inspection of the
MADISON STREET STEPS.
NOW, THEREFORE, BE IT RE-
SOLVED, that on the 19TH DAY OF
JUNE, 1989, 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 plaus and specifica-
thins, 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
tho day fixed for its consideration. At the
hearing, any interested person may ap-
pear and file objections to the proposed
plans, specifications, contract, or
estimated cost of the improvement.
Passed, approved and adopted this
15th day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Simon moved adop-
tion of the Resolution. Seconded by
Council Member Voetherg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Kinesner, Pratt,
Simon, Voetberg. Nays--Council
Mexabers Deich, Heckmann.
Communication of Richard Pavia of
Speer Financial, Inc. recommending to
award bid to The Northern Trust Com-
pany and Associates in the net interest
rate of 6.7091%, presented and read.
Council Member Kluesner moved that
the communication be received and filed.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Dcich, Heck-
mann, Klansner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 185-89
RESOLUTION DIRECTING SALE
OF $4,150,000 CORPORATE
PURPOSE GENERAL OBLIGATION
BONDS
239
WHEREAS, pursuant to notice as re-
quired by law, bids have been received
at public sale for the bonds described as
foliows and the best bid received is deter-
o be the following:
$4,150,000 CORPORATE PURPOSE
GENERAL OBLIGATION BONDS:
Bidder: The Northern Trust Co. &
Assoc. of Chicago, IL
The terms of said bid being:
Total Interest $1,696,327.08
Plus Discount $ 28,540,00
Net Interest Cost $1,724.867.08
Net Interest Rate 6.7091%
NOW. THEREFORE, BE IT RE-
SOLVED BY THE CIq~ COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the bid for the bonds
as above set out is hereby de~ermlned to
;he best and most favorable bid received
and, said bonds are hereby awarded
based on said bid.
Section 2. That the statement of infor-
raation 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 said bonds are hereby ratified and
approved.
Passed, approved and adopted this
15th day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Kluasner moved adop-
tion of the Resolution, Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady.
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetherg.
Nays--None.
Communication of planning and Zon-
ing Commission advising of their denial
to reclassify property at 2420, 2422, 2438
and 2448 Central Avenue from R-2A to
C-4 Downtown Comrnerciul District as
requested by Vincent Brannon, presented
and read.
Council Member Kluasner moved that
the communication be received and filed.
240
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas--
Mayor Brady, Cotmcil Members Deich.
Heckmann, Kinesner, Pratt, Simon,
Voetberg. Nays--None.
AN ORDINANCE Amending Zoning
Ordinan(~ by reclassifying property at
2420~ 2422, 2438, 2442 Central Ave. from
R-2A to C-4 Downtown Commercial
District, presented and read.
Council Member Kinesner moved that
this be considered the first reading only
of tbe Ordinance and that it be set for
Public Hearing on June 5, 1989 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 Vcetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann.
Kinesner, Pratt. Simon, Voetberg.
Nays--None.
Communication of City Manager re-
questing Council approval of a Resolu-
tion asking the Governor to veto HF 313
restricting City's ability to condemn for
Economic Development purpose and
Communication of Coninn Construction
Co: supporting the request recommend-
lng the Governor to veto HF 313,
presented and read.
Council Member Heckmann moved
that the communications be received and
filed. Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Dcich, Heckmann, Kluesner, Pratt,
Voetberg. Nays--Council Member
Simon.
RESOLUTION NO. 186-89
RESOLUTION REQUESTING
GOVERNOR TERRY BRANSTAD TO
VETO AMENDED HOUSE FILE 313
AN ACT SEVERELY LIMITING
CITIES FROM CONDEMNING
LAND FOR ECONOMIC
DEVELOPMENT PROJECTS
WHEREAS, Chapter 403 of the Code
of Iowa currently authorizes cities to
designate areas appropriate for commer-
cial and industrial enterprises as ubran
renewal projects and to acquire land for
such projects by condenmatlon; and
WHEREAS, an amendment to Chap-
ter 403 of tlie Code of Iowa severely
Regular Session May 15, 1989
limiting a City's ability to condcmn land
for economic development projects has
passed both Houses of the General
Assembly; and
WHEREAS, the amendment unfairly
singles ant and limits a City's ability to
acquire land for City public purposes
without placing a shriller limitation upon
;he State or County governmento; and
WHEREAS, the amendment unwar-
rantedly further restricts and limits a
City's home rule process, interferes with
an issue best resolved at the local level
and establishes precedent for further
State interference in local affairs; and
WHEREAS, the City of Dubuque does
not currently have an adequate supply
of industrial land to maintain and
~nhance the City's employment base; and
WHEREAS, the need to maintain and
mhance the employment base is essen-
;iai to the City in reaching the communi-
ty's number one priority of creating and
keeping jobs for the unemployed, un-
deremployed, and young people in the ci-
ty; and
WHEREAS, the City is currently try-
ing to meet this priority by identifying
and acquiring properties which are
uitable for commercial and industrial
WHEREAS, the City's options for ac-
quiring needed industrial and commercial
~roperty are severely limited by tbe
topographical nature of the city and re-
quirements for railroad access; and
WHEREAS, the land west of the cur-
rent Dubuque Industrial Center has been
identified for future industrial develop-
ment since the mid-1960's; and
WHEREAS, negotiations are current-
ly underway with the McFadden fmnily
for acquisition of tlieir property which
meets the City's devekipment needs; and
WHEREAS, the City has declared its
intention to negotiate a fair market value
agreement and to provide relocation
assistance as provided in the Uniform
Relocation Assistance Act, and the City
has pledged its best efforts to obtaining
a negntiated settlement wliicli is satisfac-
tory to both parties; and
WHEREAS, House File 313, as
amended, would limit the City's condem-
Regular Session
purposes, thereby having a significant
adveme impact on the City and its efforts
to maintain and enhance its employment
base.
NOW, THEREFORE. BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE. IOWA:
Section 1. That the City Council
respectfully requests that Governor
Terry Branstad veto House File 313, as
amended.
Section 2. That the City Clerk be and
is hereby directed to send a copy of this
resolution to the Governor.
Passed, approved and adopted this
15th day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Heakmarm moved
adoption of the Resolution. Seconded by
Council Member Voetberg. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Voetberg. Nays--
Council Member Simon.
Communication of City Manager re-
questing approval of the implementation
of a Civic Center Concessions Activity in-
cluding the hiring of a Concessions
Manager, presented and read.
Council Member Kluesner moved that
the communication be received and filed
and request approved. Seconded by
Council Member Hecklnann. Carried by
the following vote: Yeas--Council
Members Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--Mayor Brady,
Council Member Deich.
Communication of City Manager re-
questing approval of au "Agreement to
Emergency Ambulance Service" spon-
sored by Dubuque County and to
autharlze the Mayor to sign the Agree-
ment, presented and read.
Council Member Kluesner moved that
the communication be received and filed
and approved and Mayor authorized to
execute. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich. Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None.
May t5, 1989 241
Communication of Corporation
Counsel Lindahl advising of the process
regarding actions taken relative to the
City Garage-Hazardous Waste Site,
~resented and read.
Council Member Klueaner moved that
he communication be received and filed.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Dalch. Heck-
mann, Klueaner. Pratt, Simon, Vcetberg.
Nays--None.
RESOLUTION NO. 187-89
RESOLUTION APPROVING OF
UNITED STATES ENVIRON-
MENTAL PROTECTION AGENCY
ADMINISTRATIVE ORDER ON
CONSENT, AND AGREEMENT TO
SETTLE CERTAIN CLAIMS BE-
TWEEN IOWA PUBLIC SERVICE
COMPANY AND THE CITY OF
DUBUQUE, IOWA.
WHEREAS, the United States Eh-
vironmental Protection Agency, Region
VII, (EPA) has commenced proceedings
under Section 106(a) of the Comprehen-
sive Environmental Response, Compen-
sation And Liability Act of 1980
(CERCLA) as amended by the Superfumi
Amendments and Reauthorizatlon Act of
1986 (SARA), 42U.S.C. 9606(a); and
WHEREAS, the Respondents to such
proceedings are the City of Dubuque
(City), the Iowa Dep~rtment of Transpor-
tation (IDOT), and Midwest Gas, a divi-
sion of Iowa Public Service Company
(Midwest); and
WHEREAS, the EPA has issued an
Administrative Order on Consent
("Order"), a copy which is attached
hereto, pursuant to which the Respond-
dents have agreed to undertake certain
actions, all as fully set out therein; and
WHEREAS, the City and Midwest
have negotiated au Agreement to Settle
Certain Claims between Iowa Pubbc Set-
vice Company and the City of Dubuque,
Iowa ("Agreement")~ a copy of which is
attached hereto, arising out of and
relating to the Order, as more fully set
out therein; and
WHEREAS, the City Council of the
City of Dubuque, Iowa, has previously
authorized the Corporation Commel to ex-
ecute the Order and the Agreement on
behalf of the City of Dubuque; and
242
Regular Session, May 15, 1989
WHEREAS, such documents have
now been fully executed by all parties
and should be finally approved by the
City Council of thc City of Dubuque,
Iowa;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. The Order and the Agree-
ment are hereby approved.
Section 2. The execution of the Order
and Agreement by the Corporation
Counsel of the City of Dubuque is hereby
ratified.
Passed, approved and adopted this
15th day of May, 1989.
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 Daich,
Kluesner, Pratt, Simon, Voetherg.
Nays--None.
Verbal request of Mayor Brady to
determine if there is any City Council in-
terest in pursuing a long term lease for
Barge Fleeting, presented and read.
Mayor Brady moved that the Council
authorize multi-year lease for barge
fleeting sites (93), Seconded by Council
Member Heckmann. Carried by the
lowing vote: Yeas--Mayor Brady. Coun-
cil Members Deich, Heckmann, Pratt.
Nays--Council Members
Simon, Voetherg.
Communication of John Kramer, Ex-
ecutive Director of Greater Dubuque
Development Corporation (GDDC) re-
questing official appointment of City
representative to the ~Boards (City
Manager, Ken Gearhart and Council
Member Mike Pratt), presented and read.
Council Member Kluesner moved that
the communication be received and filed.
Seconded by Council Member Iteck-
mann. Carried by the fallowhig vote:
Yeas--Mayor Brady, Council Members
Daich, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None,
Communication of City Manager ad-
vising Council of public liearings for
Highway 6t hnprovement from Ma-
quoketa to Dubuque, and requesting
Council deaignat~ representatives of the
Council to attend either one or both
hearings in order to state the
City's position of supporting the pro-
presented and read.
Council Member Kluesner moved that
received and filed
and that Mayor Brady and Council
Members Kluesner and Pratt b~ desig-
nated to attend hearings. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dalch, fIeckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
BOARDS AND COMMISSIONS: Ap-
pointments to Housing Code Appeals
Board. 1 term to expire 1-11-92. Ap-
plicants: Wm. Kinsella. Mr. Kinsella
spoke.
Council Member Kluesner moved that
Mr. Kinsella be appointed to the term
which will expire 1-11-92. Seconded by
Council Member Dalch, Carried by the
following vote: Yeas--Mayor Brady,
Council Members Daich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
APPOINTMENTS TO PLANNING
AND ZONING COMMISSION: Two
3-Year terms which will expire 5-24-92
(Terms of Dave Hartig & Dick Hartig).
APPLICANTS: Dick Harfig, Thomas F.
McMahon, Dave Hm'tig.
Mr. Dick Hartig spoke.
Vote on applicants was as follows:
Mayor Brady voted for Hartlg and Hat-
rig. Council Member Deich voted for
McMahon and Dave Hm'tig. Council
Member Heckmarm voted for Hartig and
ttartig, Council Member Khiesner voted
for Dick Hm'tig and McMahon. Council
Ylember Pratt voted for Hartig and Her-
rig. Council Member Simon voted for
Hartig and Hartig. Council Member
Voetberg voted for Hartig and Hartig,
Therefore, Dick Hartig and Dave Hartig
were reappointed to terms expiring May
24, 1992.
BUSINESS LICENSES: Grand Cafe
requesting to transfer their Class "B"
Beer Permit to 7th and Town Clock
Plaza.
Regular Session, May 15, 1989
243
Council Member Deich moved that the
transfer be approved. Seconded by Coun-
cil Member Pratt. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Members Deich, Heckmann, Kluesner
Pratt, Simon, Voetherg. Nays--None.
RESOLUTION NO. 188-89
BE IT RESOLVED by the City Coma-
cil of the City of Dubuque, Iowa, that the
following having complied with the pro-
visions of law relating to the sale of
Cigarettes within the City of Dubuque.
Iowa, be granted a permit to sell Cigar~
ettes and Cigarette Papers within said
City.
Yardarm
American Marine of Iowa, Inc.
(My-Cap) Eagle Point
Passed, approved and adopted this
15th day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dalch, Heckmann,
Kluesner. Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO, 189-89
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Coun(d for approval and the same
have been examined and approved; and
WHEREAS, The premises to be oc-
cupied by such applicants were inspected
and found to comply with the Ordinances
of this City and have filed proper
bond;
NOW. THEREFORE, BE IT RE-
SOVLED by the City Council of the City
of Dubuque, Iowa, that the Manager be
authorized to cause to be issued to the
following named applicants a Beer
Permit.
CLASS "BE" BEER PERMIT
Walgreen Company
555 J.F.K.
(Also Sunday Sales)
Beecher Beverage Co, Inc.
1691 Asbury Rd.
(Also Sunday Sales)
CLASS "C" BEER PERMIT
Beecher Company, Inc.
2399 White St.
(Also Sunday Sales)
McCann's Service, Inc.
690 Locust St,
(Also Sunday Sales)
Passed, approved and adopted this
15th day of May, 1989,
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 190-89
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 oc-
cupied 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 RE-
SOLVED by the City Coundfl of the City
of Dubuque. Iowa, that the Manager be
authorized to cause to be issued to the
following named applicant(s) a Liquor
License.
CLASS "A" (CLUB)
BEER AND LIQUOR LICENSE
Dubuque Golf and Country Club
1800 Randall Pl.
(Also Sunday Sales)
CLASS "B" (HOTEL MOTEL)
BEER AND LIQUOR LICENSE
Wm. C. Brown Company, Publishers --
Hoffman House Restaurant
3100 Dodge St.
(Also Sunday Sales)
244 Regular Session, May 15, 1989
CLASS "C" (COMMERCIAL)
'BEER AND LIQUOR LICENSE
D.B.Q. Inc.
Shot Tower Inn 4th & Locust
(Also Sunday Sales)
Donna Ginter
Silver Dollar 342 Main St.
(Also Sunday Sales)
Beverly A. Larsen
Denny's Lux Club 3050 Asbury
(Also Sunday Sales)
CLASS "WB" WINE PERMIT
New French Cafe, Inc.
Taste of France 467 Bluff
Passed, approved and adopted this
15th day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas-Mayor Brady,
Council Manabers Dci~h, Heckmann,
Kluesner, Pratt, Simon, Voetherg.
Nays--Nine.
MINUTES SUBMITI'ED: Five Flags
Comm. of 4-17; Housing Code Appeals
Bd. Of 4-17; Housing Croton. of 4-11; Park
& Recreation Comm. of 4-11; Public
Library of 4-20; Historic Preservation
Comm. of 5-9, presented and read.
Council Member Deich moved that the
minutes be received and filed. Seconded
by Council Member Pratt. Carried by the
following vote: Yeas~Mayor Brady,
Council Members Dcich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
NOTICES OF CLAIMS/SUITS: Tom
Goffinet in amount of 5133.35 for auto
damages; Raymond and. Patrlcia McAtee
in amount of $140 for property damages;
Dale Till in amount of $405 for car
damage~; Attorney Joseph Bitter on
behalf of Joseph Wagner, in amount of
$1,075 for vehicle damages, presented
and read.
Council Member Dcich moved that the
claims m~d suits be referred to the Legal
Staff for investigation and report.
Seconded by Council Member Pratt.
Carried by the following vote: Yeas
Mayor Brady, Council Members Dcich,
Heckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--None.
Communication of Corporation
Counsd reconm~endlng settlement of per-
sonal property dmnage claim of llridget
Heim in amount of $36.73, presented and
Council Member Deich moved that the
omnmnlcation be received and filed and
~ettlement approved and Finance Direc~
tar to issue proper check. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays- None.
Communication of Corpm'ation
Counsel recommending denial/closure of
car danmge claim of Shawn Hogcndorm;
Fall-Personal injury claim of Mary
LuGraln, presented and read.
Council Member Dcich moved that thc
communication be received and filed.
Seconded by Council Member Pratt. Car-
ded by the following vote: Yeas--Mayor
Brady; Council Members Da/ch, Hock-
mann, Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Proof of publication, certified to by the
Publisher, on List of Claims paid for
month of March, 1989 AND Commurdca:
tion of City Manager submitting Finan-
cial Reports for the month of April, 1989,
presented and read.
Council Member Dcich moved that the
proof and communication be received and
filed. Seconded by Council Member Pratt.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Iqeckmann, Kluesner, Pratt, Simon,
Voetherg. Nays--None,
Finance Director submitting outstand-
ing travel advances for Mayor and Coun-
cil Members, presented and read.
Council Member Deich moved that the
report be received and flied. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heekmann;
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Dubuque-Delaware Counties Sub-
stance Ahuse Services Center SUb-
Regular Session, May 15, 1989
245
mitfing third quarter FY 1989 Report on
services to adolescents/high risk youth.
presented and read.
Council Member Deich moved that the
report be received and filed. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dcich, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager m-
questing execution of an amendment to
the Annual Contributions Contract for
Moderate Rehabilitation Progrmn,
presented and read.
Council Member Deich moved that the
communication be received and filed,
Seconded by Council Member Pratt. Car-
tied by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 191-89
A RESOLUTION AUTHORIZING
EXECUTION OF AN AMENDMENT
TO THE ANNUAL CONTRIBU-
TIONS CONTRACT FOR SECTION
8 MODERATE REHABILITATION
PROGRAM NO. IA05-KO87-001
WHEREAS, the City requested a cost
amendment, to the U.S. Department of
Housing and Urban Development
(HUD), for additional funding for
Moderate Rehabilitation Prego. am No.
IA05-KO87-001; and
WHEREAS, the Department has ap-
proved the request, in the amount of
$360,368 Annual Contributions Authori-
ty and $4,273,312 Budget authority; and
WHEREAS, the Department requires
execution of an amendment to the Con-
tributions Contract with respect to this
funding award.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
DUBUQUE, IOWA:
Section 1. That the Mayor of the City
of Dubuque be and he is hereby author-
ized and directed to execute au amend-
ed Annual Contributions Contract, with
the U.S. Department of Housing and Ur-
ban Development, for Project No.
IA05-KO87-001, under Master Annual
Contributions Contract No. KC-9004E,
on behalf of the City of Dubuque.
Section 2. This resolution shall take cf-
feet im~nediately.
Passed. approved and adopted this
15th day of May, 1989.
James E. Brady
Mayor
A~FI'EST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetherg.
Nays--None.
Communication of Planning and Zen-
lng Commission approving final plat of
Patrlcia Ann Acres Sub. No. 2, located
south of Patricia Ann Drive at Edwards
Road, presented and read.
Council Member Deich moved that the
communication be received and filed.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 192-89
A RESOLUTION APPROVING THE
FINAL PLAT OF PATRICIA ANN
ACRES SUBDIVISION NO. 2 IN
THE CITY OF DUBUQUE, IOWA.
WHEREAS, there has been filed with
the City Clerk a final plat of Patricia Ann
Acres Subdivision No. 2 in the City of
Dubuque, Iowa; and
WHEREAS, said final plat has been
examined by the City Planning and Zon-
ing Commission and had its approval en-
dorsed thereon; and
WHEREAS, said final plat has been
examined by the City Council and they
find that the same conforms to the
statutes and ordinances relating thereto.
NOW, TffEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the final plat of Patricia
Ann Acres Subdivision No. 2 be and the
smut 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.
246 Regular Session May 15, 1989
Passed, approved and adopted this
15th day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Daich moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kinesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of Planning and Zon-
ing Commission approving final plat of
Sub. of Lot 2 of Archdiocese Place -- Key
West, nortbwest of Military Road in
Dubuque County, presented and reed.
Council Member Deich moved that the
communication be received and filed.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 193-89
A RESOLUTION APPROVING THE
FINAL PLAT OF THE SUBDIVI-
SION OF LOT 2 OF ARCHDIOCESE
PLACE -- KEY WEST IN SECTION
11, TOWNSHIP 88 NORTH, RANGE
2' EAST OF THE 5TH PRINCIPAL
MERIDIAN IN DUBUQUE
COUNTY, IOWA.
WHEREAS, there has been filed with
the City Clerk a final plat of the Subdivi-
sion of Lot 2 of Archdiocese Place -- Key
West in Dubuque County, Iowa; and
~' WHEREAS. said final plat has been
examined by the City of Dubuque plan-
ning and zoning Commission and they
find that the same conforms with the
statutes and ordinances relating tbereto;
and
WHEREAS, said flnai plat has been
approved by the City of Dubuque Plan-
ning and Zoning Commission; and
WHEREAS, said final plat has been
examined by the City Council and they
find that the same conforms to the
statutes and ordinances relating thereto.
NOW, THEREFORE, BE IT RE-
sOINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section L That the final plat of the
Subdivision of Lot 2 of Archdiocese Place
-- Key West be and the same is hereby
approved and the Mayor and City Clerk
are bereby authorized and directed to en-
dorse the approval of the City of Du-
buque, Iowa upon said final plat.
Passed, approved and adopted this
15th day of May, 1989. '
James E. Brady
Mayor
AT?EST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Daich, Heckmann,
Kfuesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager re-
questing Mayor be authorized to sign an
Agreement with Project Concern/Phune-
A-Friend concerning the minibus opera-
tion for the fiscal year beginning July 1,
1989, presented and read,
Council Member Delch moved that the
communication be received and filed and
approved and Mayor directed to sign.
Seconded by Council Member Pratt, Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Daich, Heck-
mann, Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager sub,
mitring funding agreement between the
City and the Greater Dubuque Develop-
ment Corporation for Fiscal Year 1990,
presented and read.
Council Member Deich moved that the
communication be received and filed.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heek-
mann, Kluesner, ih. att, Simon, Vcetberg.
Nays--None.
REsoLuTION NO. 194-89
A RESOLUTION APPROVING AN
AGREEMENT FOR ECONOMIC
DEVELOPMENT SERVICES WITH
THE GREATER DUBUQUE DEVEL.
OPMENT CORPORATION FOR
FISCAL YEAR 1989-1990 AND
AUTHORIZING AND DIRECTING
THE MAYOR TO EXECUTE.
Rej~!lar Session~989
WHEREAS, the City Council of the
City of Dubuque, Iowa desires to main-
tain an economically viable community
by encouraging private sector develop-
ment which produces jobs for the un-
employed and expands job opportunities
for persons of low and moderate income;
and
WHEREAS, the City Council of the
City of Dubuque, Iowa has determined
that a program of economic development
activities and the promotion of economic
development opportunities through the
provleion of services to lccal business and
industry and through the recruitment of
new firms to the Dubuque labor market
is a necessary element in a program of
economic enhancement; and
WHEREAS, the Greater Dubuque
Development Corporation is composed
of representatives of the County of
Dubuque, the Dubuque Area Industrial
Development Corporation, the United
Labor Participation Committee, the
Chamber of Commerce and the City of
Dubuque;
WHEREAS, The City of Dubuque has
budgeted and committed certain Com-
munity Development Block Grant funds
for the support of the objectives and ac-
tivities noted above; and
WHEREAS, the Greater Dubuque
Development Corporation by v;r rue of its
experience and other professional quail-
fications has proposed to enter into an
Agreement for the provision of economic
development services hereto attached
and marked Exhibit "A".
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section L That the Agreement for
Economic Development Services, hereto
attached and marked Exhibit "A', is
hereby approved and the Mayor is hereby
authorized and directed to execute said
Agreement.
Section 2. That the City Manager be
and he is hereby authorized to make such
payments to the Greater Dubuque
Development Corporation as are provid-
ed for in the aforesaid Agreement, in an
amount not to exceed $50,000 from Com-
munity Development Block Grant funds
as provided for in the FY 1990 budget,
according to the terms and conditions for
247
payment set forth in said Agreement.
Passed, approved and adopted this
15th day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Daich, Heckmaun,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Communication of City Manager se-
questing approval for Purchase of Set-
vices Agreement for Operation: New
View for the fiscal year beginning July
1, 1989, and authorize Mayor to execute,
presented and read.
Council Member Deich moved that the
conununication be received and filed and
approved and directed Mayer to sign.
Seconded by Council Member Pratt. Car-
ried by the following v6te: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, Klusener, Pratt. Simon, Voetberg.
Nays--None.
Communication of City Manager re-
questing approval for a Purchase of Ser-
vices Agreement for Helping Services for
Northeast Iowa, Inc. for the fiscal year
beginning July 1, 1989, and authorizing
Mayor to execute, presented and read.
Council Member Delch moved that the
communication be received and filed.
Seconded by Council Member Pratt. Car-
ried by the the fullowfug vote: Yeas--
Mayor Brady, Council Members Daich,
Heckmann, Kluesner, Pratt, Simon,
Voetberg. Nays--Nune.
Communication of City Manager re-
questing approval of an Amendment to
a Memorandum of Understanding b~-
tween tho Iowa Department of Inspec-
tions and Appeals and the City of Du-
buque, Iowa, presented and read.
Councii Member Deich moved that the
communication be received and filed.
Seconded by Council Member Pratt. Car-
ried by the renewing vote: Yeas--Mayor
Brady, Council Members Deich, Heak-
mann, Kluesner, Pratt, Simon, Voetberg.
Nays--None:
248 Regular Session, May 15, 1989
RESOLUTION NO. 195-89
RESOLUTION APPROVING AN
AMENDMENT TO A MEMORAN-
DUM OF UNDERSTANDING BE-
TWEEN THE CITY OF DUBUQUE
AND THE IOWA STATE DEPART-
MENT OF INSPECTIONS AND
APPEALS WHICH ADDS FOOD
ESTABLISHMENTS TO THE
FACILITIES LICENSED AND
INSPECTED BY THE CITY OF
DUBUQUE
WHEREAS, the City of Dubuque and
the Iowa Department of Inspections and
Appeals entered into a Memorandum of
Understanding in May 1988, wherehy the
City was authorized to enforce the Iowa
Food Service Sanitation Code, the Iowa
Hotel Sanitation Code and the Iowa Food
and Beverage Vending Machine Laws;
and
WHEREAS, the City of Dubuque
desires to do inspections of food
establishments authorized by the Code
of Iowa, Chapter 170, effective July 1,
1989; and
WHEREAS, the Iowa Department of
Inspections and Appeals has prepared an
Amend~nent to the Memorandum of
Understanding to include food estab-
lishments.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque,
Iowa, hereby approves the attached
Amendment to the Memorandum of
Understanding between the Iowa
Department of Inspections and Appeals
and tbe City of Dubuque, Iowa.
Section 2. That the Mayor of the City
of Dubuque is hereby anthorized and
directed to execute said Amendment on
behalf of the City of Dubuque.
Passed, approved and adopted this
15th day of May, 1989. ·
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resointinn. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dcich. Heckmann,
Kluesner, Pratt. Simon, Voetberg.
Nays--None.
Communication of City Mmmgcr re-
questing approval of a contract with the
Iowa Department of Public Health for
funding of a local AIDS Education pro-
gram, presented and read.
Council Member Deich moved that the
communication be received and filed·
Seconded by Council Member Pratt· Car-
ried by the following vote: Yeas--Mayor
Brady, Council Members Deich. Heck-
mann. Kinesner, Pratt, Simon, Voetberg,
Nays--None.
RESOLUTION NO. 196-89
A RESOLUTION AUTHORIZING
THE CITY MANAGER OR HIS
SIGN A CONTRACT
V,'ITH THE IOWA DEPARTMENT
OF PUBLIC HEALTH FOR
FUNDING OF A LOCAL AIDS
EDUCATION PROGRAM.
WHEREAS, the Iowa Department of
Public Health has offered to provide
financial support for a local AIDS Educa-
tion Program in the City of Dubuque;
and
WHEREAS, the City of Dubuque
desires to establish and malntain such a
local AIDS Education Prog~'am; and
WHEREAS, the Iowa Department of
Public Health has presented the City
Health Services Division a proposed con-
tract for funding, a copy of wlfich is at-
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CFPY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Sectinn 1. That the City of Dubuque.
Iowa, hereby approves the attached
AIDS Education Contract between the
Iowa Department of Public Health and
the City of Dubuque, Iowa.
Section 2. That the City Manager or ins
designee is hereby authorized and
directed to execute said contract on
behalf of the City of Dubuque, Iowa.
Passed, approved and adopted this
15th day of May, 1989.
James E. Brady
Mayor
ATTEST:
Regular Session, May 15, 1989
249
M~ry A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Counall Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dalch, Heckmann,
Kluesner, Pratt. Simon, Voetherg.
Nays--None.
Communication of City Manager
recommending acceptance of construc-
tion contract for the relocation of the 30"
force main from 14th Street to 11th St.,
presented and read.
Council Member Dalch moved that the
communication be received and filed.
Seconded by Council Member Pratt. Car-
tied by the following vote: Yeas--Mayor
Brady, Council Members Dalch, Heck-
mann, Kluesner, Pratt, Simon, Voetberg.
Nays--None.
RESOLUTION NO. 197-89
ACCEPTING IMPROVEMENT
WHEREAS, the ,contract for the
RELOCATION OF EXISTING 30"
FORCE MAIN, 14TH TO 11TH
STREET has been completed and the
City Manager has examined the work
and filed his certificates stating that the
same has been completed according to
the terms of the contract, plans and
specifications and recommends it
acceptance.
NOW, THEREFORE, BE IT RE-
SOLVED, by the City Council of the City
of Dubuque, Iowa, that the recommen-
dation of the City Manager be approved
and that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from the
STREET CONSTRUCTION FUND in
amount equal to the amount of his con-
tract, less any retained percentage pro-
vided for therein.
Passed, approved and adopted this
15th day of May, 1989.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Pratt, Simon, Voetherg.
Nays--None.
RESOLUTION NOi 198-89
FINAL ESTIMATE
WHEREAS. the contract for the
RELOCATION OF EXISTING 30"
FORCE MAIN, 14TH TO 11TH
STREET has been completed and the
City Engineer has submitted his final
estimate showing the cost thereof in-
cluding the cost of estimates, notices and
inspection and all miscellaneous costs;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said im-
provement is hereby determined to be
$104,961.69 and the said amount shall be
paid from the STREET CONSTRUC-
TION FUND of the City of Dubuque,
Iowa.
Passed, approved and adopted this
15th day of May, 1989.
James E. Brady
ATTEST: Mayor
Mary A, Davis
City Clerk
Council Member Deich moved adop-
tion of the Resolution. Seconded by
Council Member Pratt. Carried by the
i following vote: Yeas--Mayor Brady,
Council Members Dalch, Heckmann,
Kluesner, Pratt, Simon, Voetberg.
Nays--None.
Council recessed at 8:47 p.m.
Council reconvened at 9:00 p.m.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to amend certain sections of Chapter 21,
Human Relations, to provide for the
definition of "Sexual Orientation" and
serting in certain sections thereof; Peri-
tions of individuals on behalf of the
Unitarian Universalist Fellowship of
Dubuque requesting the inclusion of sex-
ual orientation in the Human Rights Or-
dfuance; Communication of Marcia
Young on behalf of YWCA supporting
250 Regular Session, May 15, 1989
the inclusion of sexual orientation in the
Human Rights Ordinance; Petition of
Pastor Tobin requesting to address the
Council regarding the proposed sexual
orientation amendment to the Human
Rights Ordinance; Petition of Dirk
Hamel requesting to address the Coun-
cil on the issue of the proposed Sexual
Orientation Ordinance, presented and
Council Member Pratt moved that the
proof of publications, petitions and com-
municatinn be received and filed. Second-
ed by Council Member Voetberg. Carried
by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Pratt, Simon, Voetberg.
Nays--None.
The following individuals spoke in
favor of the proposed Ordinance amend-
ment: Mrs. Raymond Binder, Alan Selig
of 2125 Judson Dr., Nancy Brain from
Madison, WI representing Dubuque
residents who wish not to come forth;
Jack Hansen, 2770 Andrew Ct.,; Nettle
Post, 382 E. 21st St., Rob Scharnau,
1810 N. Grandview, Ruth Nash, 422
Lores Blvd., Russell Nash, 422 Lores
Blvd., Virginia Lynns, Madison, WI;
John Quidian, Madison, WI; Kelly Kauf-
mann, W. 11th St.; Ruth Bahl, 1124
Locust St.; Dorothy Hennessey, 3390
Windsor Ave.; Norm Freund, 1950
Lagen; Dale Johnston, Madison, WI;
Ruti~ Scharman, 280 W. 17th St.; Steele
Neldaughter, W. 11th St.; Deb O'Brien,
4321A Emmett St.; Francis Giunta, 797
Alta Vista.
These individuals spoke against adop-
tion of the proposed Ordinance amend-
ment: Rev. Virgil Wetters, 1420 College
St., Des Malnes, IA; Will Otterbeck, 719
Hill St.; Attorney Dick Hamel, 800 Town
Clock Plaza; Father Nell Tobin, 2215
Windsor; Verlin Haynes, Adair, IA; Jim
Dixon, 2505 Marquette Place; Barbara
Nicholson, 859 Walker; Bob Timmermau,
(Hempstead Coach), Daniels St.; John
Klauer, 1927 Univereity; Beth Peters,
2980 Wildwood; Rev. Robert Pleiness,
Walker St.; Margle Lesch, 964 Richards
Road; Pastor Cliff Close, Ilifi St.; Fran-
cis O'Connor, 690 Sunset Ridge; Tom
Prochaska, 1185 Wood St.; Shelton
Vosberger, 2728 Asbury; Sandy Kirk-
bride, 1231 Lincoln.
An ORDINANCE Amending Code of
Ordinances by providing for the defini-
tion of "Sexual Orientation" and insert-
lng in certain sections thereof, presented
and read.
Council Member' Pratt moved that this
be considered the second reading of the
Ordinance. Seconded by Council Member
Voetberg. Vote on the'" motion was as
follows: Yeas--Councd Members Pratt,
Simon, Voetberg. Nays--Mayor Brady,
Council Members Deich, Hcckmann,
Kluesner. MOTION FAILED -- SE-
COND READING OF ORDINANCE
DEFEATED.
Council recessed at 11:15 p.m.
Council rcconvened at 11:25 p.m.
Discussion ensued as to reason for par-
ticular vote.
There being no fm'ther business, Coun-
cil Member Deich moved to adjourn.
Seconded by Council Member Heck-
mann. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Daich, Heckmann, Kluesner, Pratt,
Simon, Voetberg. Nays--None,
Meeting adjourned at 11:42 p.m.
Mary A. Davis
City Clerk
Approved 1989
Adopted 1989
Mayor
~TTEST:
Regular Sessior
CITY COUNCIL
OFFICIAL
Regular Session, June 5, 1989
Council Met at 7:30 p.m., at the Puhiic
Library Auditorium,
Present--Mayor Brady, Council
Members Deich, Kluesner, Pratt, Simon,
Voetberg, City Manager W. Kenneth
Gearhart, Corporation Counsel Barry A,
Lindald.
Absent--Council Member Heckmaun,
Mayor Brady read the call ~md 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
Couneil.
Invocation was given by Rev. Du~me
Mmmon, Chaplain of Luther Manor.
PROCLAMATIONS: Extending
gratitude for the liospiteiity bestowed by
Wessex regarding "Friendship Force"
received by Jim Meyer, President of the
Friendship Force;
Week of June 18-24 as "First National
Bank of Dubuque Week" received by
Dale Repass.
Proof of publication, certified to by the
Publisher, on Notice of Public Hearing
to consider amendment to Lease Agree-
ment between City and Katuin Bros.,
Inc. presented and read.
Council Member Deich moved that the
proof of publication be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas--
Mayor Brady, Council Members Deich,
Kluesner, Pratt, Simon, Voetberg.
Nays--None. Absent--Council Member
Heckmann.
Council Member Deich moved to sus-
pend the rules to allow anyone present
to address the Council if they so desire.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas
Mayor Brady, Council Members Deich,
Kluesncr, Pratt, Simon, Voetberg.
Nays None. Absent--Council Member
Heckmann,
RESOLUTION NO. 199-89
RESOLUTION GRANTING KATUIN
June 5, 1989 251
BROS., INC., THE RIGHT TO
ASSIGN PROPERTY KNOWN AS
NO. 102 TERMINAL STREET AND
KNOWN AS TRACT "B' AND
TRACT "C' IN DUBUQUE HARBOR
CO. ADDITION TO SITCO INC.
WHEI~EAS, a Lease Agreement be-
tween the City of Dubuque and Katuin
Bros., Inc. was entered into between the
City of Dubuque, tl~ougt~ its Dock Com-
mission, and Katuin Bros., Inc., on the
1st day of October, 1979, which lease
covers land only, and,
WHEREAS, there is situated on the
land, cert~dn buildings and improve-
ments, all of wt~ich are the property of
Katoin Bros., Inc., and,
WHEREAS, the lease is for 30 years
with a base rental of $858.35 per year,
payable in advance, with provisions for
adjustment in the cost of living as a
reference to the Consmner Price Index for
Urban Consumers (1967 = 100), and,
WHEREAS, Paragraph 6 of the Lease
Agreement provides that the lessee shall
not assign or subdet the leased property
or any of its rights thereto without first
securing prior written consent of lessor,
and further provides that in the event the
leased property is assigned or sub-let
with the approval of the Board of Dock
Commissioners, said lessee shall pay to
the said Board or Dock Commissioners,
10% of the sub-lease rental paid by sub-
WHEREAS, the sale of the building
and improvexnents and assignment of the
ground lease approved of herein does not
involve any sub-lease or sub-lease rental,
WHERI~AS, Katuin Bros., Inc. desires
to sell the improvements on the proper-
ty and assign the lease for the land on
the property to Sitco Inc., who will be the
new tenant for the laud and owner of the
building situated thereon, and,
WHEREAS, the new ten~u~t, Sitco,
Inc., as assignee, has agreed to assume
all duties of tlie lessee under the lease,
including, but not limited to, the pay-
meat of all rent accruing hereafter, and
will provide the City of Dubuque with all
insurance required under tlie lease, and,
WHEREAS, the proposed new tenant
for the land and owner of the building
situated thereon proposes to put the