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