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