1993 July Council Proceedings223 Regular Session, July 6, 1993
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, Tuesday, July 6, 1993
Council Met at 7:30 p.m. Public Library
Auditorium
Present:: Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg, City Manager Michael C. Van
Milligen, Corporation Counsel Bury A.
Lindahl.
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 before
the Council
Invocation was given by Msgr. Joseph P.
Herard, Pastor of Resunection Catholic
Church.
A Certificate of Appreciation to City
Library Employee Ann Straley was
presented.
There was a presentation of a City Flag to
Boy Scout Troop 848, led by Dick Elliott, of
St. Paul's Lutheran Church.
Council Member Nagle moved to suspend
the rules to allow 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 Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays -None.
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to
consider reclassifying properties and
amending the Conceptual Development Plan
for Mercy Health Center and Medical
Associates Clinic ID District, presented and
read. There were no written objections
received and no oral objectors present at the
time of the Hearing. Council Member Nagle
moved that the proof of publication be
received and filed. Seconded by Council
Member Nicholson. Carried by the
following vote: Yeas -Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays -None.
Sister Helen Huewe, CEO of Mercy
Health Center, Tom Bishop, Chief Operating
Officer of Medical Associates Clinic PC, Jim
Schroeder, Financial Advisor of Medical
Associates, George Freund, 1896 Carter Rd.,
Ann Michalski, Hugh LaMont of GDDC,
Steve Harman of the Chamber of Comment
all spoke in favor of the rezoning.
An Ordinance Amending Zoning
Ordinance by reclassifying property located
at 250 Mercy Drive, 1000 Langworthy and
adjoining properties from R-2 Two -Family
Residential District to 113 Institutional
District and to 'approve an amended
Conceptual Development Plan for the Mercy
Health Center and Medical Associates Clinic
ID institutional District, said Ordinance
having been presented and read at the
Council Meeting of 6-21-93, presented for
further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 35-93
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 ORDINANTE OF
THE CITY OF DUBUQUE, OWA
BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 250
MERCY DRIVE, 1000
LANGWORTHY AND ADJOINING
PROPERTIES FROM R-2 TWO-
FAMILY RESIDENTIAL
DISTRICT TO ID
INSTITUTIONAL DISTRICT AND
TO APPROVE AN AMENDED
CONCEPTUAL DEVELOPMENT
PLAN FOR THE MERCY
HEALTH CENTER AND
MEDICAL ASSOCIATES CLINIC
ID INSTITUTIONAL DISTRICT.
Whereas, Mercy Health Center and
Medical Associates Clinic, owners and
applicants, filed an application for
reclassification of 250 Mercy Drive, 1000
Langworthy and adjoining properties from
R-2 Two -Family Residential District to ID
Institutional District and has filed an
amended conceptual development plan for
certain properties hereinafter described in
accordance with provisions of the ID
Institutional District regulations as set forth
in Section 3-5.2 of the Code of Ordinances,
Appendix A thereof, of the City of Dubuque;
and
Regular Session, July 6, 1993
224
Whereas, the Zoning Commission has
held a public hearing on said application for
zoning reclassification and said amended
conceptual development plan pursuant to
required published notice; and
Whereas, the Zoning Contiaalon has
approved said application for roclassificalon
and said amended conceptual development
plan subject to specific conditions and
restrictions having found that said plan
confomm with the review standards
applicable to such pians as set forth in
Section 3-5.2D(4) of the Code of
Ordinances, Appendix A thereof, of the City
of Dubuque, Iowa, and
Whereas, the Zoning Cormdsson
recomrronded the cancuttenoe of the Qty
Council in approval of said amended
conceptual development pian and said
application of zoning reclassification; and
Whereas, the City Council has received
the recommerdatlon of the Zoning
Commission and held its own public hearing
on said amended conceptual development
plan and said application for zoning and
reclassification pursuant to required
published notice; and
Whereas, the City Council has approved
said amended conceptual development plan
and said application for zoning
reclassification subject to the same specific
conditions and restrictions.
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa be amended
by revising appendix A thereof, also known
as the Zoning Ordinance of the City of
Dubuque, Iowa, by reclassifying from R-2
Two -Family Residential District to ID
Institutional District the following described
property to wit:
Lot 4, West 20' of Lot 5, East 40' of Lot
5,Lot 6,Lot 7and Lot 1 of Lot 8, all in
Thomas E. Byrne Sub; Lot 1 and Nath
35' of Lot 2 in Watter's Sub; Lot 1 of
Lot 8, Lot 1 of Lot 2 of Lot 8, Lot 6 of
Lot 8, Lot 1 of Lot 1 of Lot 2 of Lot 9,
Lot 2 of Lot 2 of Lot 8, Lot 3 of Lot 8
and Lot 7 of Lot 8 all in the subdivision
of Mineral Lot 73; Lot 1, Lot 2, Lot 3,
Lot 4, Lot 5 and Lot 6 all of Langworthy
Avenue sub, Lot 1 of Lot 2 of Lot 25 and
Lot 2 of Lot 2 of Lot 25 both in Massey
Heights sub; Lot 3 of Lot 2 of Lot 1
Mineral Lot 68; and to the center line of
the adjoining public right-of-way, all in
the City of Dubuque, Iowa.
Section 2. That the Code of Ordinances
of the City of Dubuque be amended by
revising Appendix A thereof, also known as
the Zoning Ordinance of the City of
Dubuque, hereby adopting and approving the
conceptual developnnent pian, ■ copy of
which is attached to and made a part hereof,
for the following described property, to wit:
Lot 2 of Lot 1 of City Lot 731; Lot 1 of
Lot 2 of Lot 1 of City Lot 732; Lot 2 of
Sub. of City Lot 731; Lot 1 Langworthy
Place; Lot 2 of Lot 2 of Lot 2 of
Langworthy Place; all of Peabody Streets;
and all of Clara Street Lot 1 of vacated
Augusta Street Lot 1-1, Lot 2-2, Lot 2-17
of Agnes Langworthy's Sub.; Lot 2 of
vacated alley lying between and abutting
said Lot 1 and Lot 2 and Lot 17 each of
Agnes Langworthy's Sub.; Lots 3 to 16
inclusive of Agnes Langwotthy's Sub.;
McCauley Hall Place; Lot 10 Massey
Heights Add.; East 10 feet of Lot 11 of
Massey Heights and that portion of James
Street lying south of Langworthy Avenue;
Lot 11 (except the easterly 10 feet
thereof) in Massey Heights; Lot 12 in
Massey Heights; Lot 13 and the east 1/2
of Lot 14 in Massey Heights; the west 1/2
of Lot 14 and the east 35 feet of Lot 15
in Massey Heights; Lot 16 and the
westerly 5 feet of Lot 15 in Massey
Heights; Lot 17 in Massey Heights; Lots
18 and 19 in Massey Heights; Lot 20 in
Massey Heights; Lot 1 of Mineral Lot 66,
and the north 286 feet of Lot 2 of Lot 2
of Mineral Lot 66; Lot 1 of Lot 1 of Lot
3 of Lot 1 of Mineral Lot 68; Lot 2 of
Mineral Lot 69; Lot 3, Lot 1-4, Lot 1-1-5,
Lot 1-1-6, Lot 2-16, Lot 1-2-6, Lot 2-2-
6,
26, and Lot 4-A all in the subdivision of
Mineral Lot 72; Lot 1-2-10 of Mineral
Lot 73; Sub. 1 -2 -Sub. 2 of Mineral Lot
72 and 1-10 of Mineral Lot 73 and 2 of
Mineral Lot 74 Lot 2; Lot 21 of Massey
Heights; Lot 22 in Massey Heights; Lot
23 of Massey Heights; Lot 1 of Lot 4 of
Lot 2 of Lot 1 of Mineral Lot 68; Lot 2
of Lot 2 of Lot 4 of Lot 2 of Lot 1 of
Mineral Lot 68; Lot 1 of Lot 2 of Lot 1
of Mineral Lot 68; Lot 2 of Lot 3 of Lot
1 of Mineral Lot 68; Lot 1 of Lot 1 of
Lot 3 of Lot 1 of Mineral Lot 68; Lot 2
of Lot 1 of Lot 3 of Lot 1 of Mineral Lot
68; Lot 1 of Lot 25 of Massey Heights
Subdivision; Lot 24 of Massey Heights
Subdivision; Lot 4, West 20' of Lot 5,
East 40' of Lot 5, Lot 6, Lot 7 and Lot 1
of Lot 8, all in Thomas E. Byrne Sub;
Lot 1 and North 35' of Lot 2 in Watter's
Sub; Lot 1 of Lot 8, Lot 1 of Lot 2 of
Lot 8, Lot 6 of Lot 8, Lot 1 of Lot 1 of
Lot 2ofLot 9,Lot 2ofLot 2ofLot 8,
Lot 3 of Lot 8 and Lot 7 of Lot 8 all in
the subdivision of Mineral Lot 73; Lot 1,
Lot 2, Lot 3, Lot 4, Lot 5 and Lot 6 all of
Langworthy Avenue Sub; Lot 1 of Lot 2
of Lot 25 and Lot 2 of Lot 2 of Lot 25
both in Massey Heights Sub; Lot 3 of Lot
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225 Regular Season, July 8, 1993
2 of Lot 1 Mineral Lot 68; and to the
center line of the adjoining public right-
of-way, all in the City of Dubuque, Iowa.
Section 3. That in at to accomplish
the purposes of the ID Institutional District
and of the Zoning Ordinance, the property
herein above described is subject to the
following conditions and restrictions:
A. Use & Parking Regulations
The fallowing regulations shall apply to
all uses nude of land in the above
described ID Institutional District:
1) Principal permitted uses shall be
Baited to the following:
a) Hospitals. [46]
b) Out-patient care fadllties. [36]
c) Residential care facilities. [181
d) Offices for administrative personnel
cr other institutional employees and
affiliates. [14]
e) Classroom, laboratories, lecture halls,
auditoriums and similar places of
institutional assembly. [45]
Off-street parking and loading. [NA]
Nursing or convalescent homes of
institutional residents or affiliates.
[2]
h) Recreational or athletic facilities for
the primary use and benefit of
institutional residents or affiliates.
[45]
i) Existing private uses or structures
situated within an ID Institutional
District for which the R-3 District
standards shall apply. [NA]
Single-family, two-family, [11] or
mid -family dwellings for the
housing of institutional residents or
affiliates. [9]
k) Facilities and operations for the
diagnosis, cane and treatment of
human health disorders, including
examinations in operating rooms,
physical therapy or x-ray facilities,
psychiatric treatment, convalescent
case and similar hospital related uses,
but not to include commercial uses
or uses listed u conditional or
accessory uses for this district This
provision shall include separate
doctors clinics or other medical
facilities not owned or operated by
the principal institution but
functionally related to the institution
and included in the conceptual
development plan. [36]
1) Churches [7], libraries, museums.
[13]
2) Parking requirements. The off-street
parking requirements for the
permitted user listed for this ID
Institutional District are indicated by
a bracket -enclosed number next to
the use, and described in Section 4-
2.7 of the Zoning Ordinance of the
City of Dubuque, Iowa.
3) Accessary uses. The following uses
shall be permitted as accessory uses
in the above described ID
Institutional District
a) Restaurants or cafeterias, Bower
shops, gift shops, and candy, cigar or
magazine stands but only when
'operated or located entirely within a
principal building.
b) Facilities with a compounding,
dispensing, or sales of drugs or
medicines, prosthetic devices, lotions
or preparations, bandages or
dressings and similar medical or
health related supplies.
c) All uses customarily incidental to the
principal permitted use in
conjunction with which such
accessary use is operated or
maintained, but not to include
commercial uses outside the principal
building.
B. Lot and Bulk Regulations
Development of land in the ID
Institutional District shall be
regulated as follows:
1) All buildings, structures and activities
shall be located in conformance with
the attached conceptual development
plan and all final site development
plans to be approved in accordance
with the provisions of the ID
Institutional District regulations as
provided in the Zoning Ordinance of
the City of Dubuque, Iowa.
2) The surface parking lot to be located
north of Clara Court shall be
constructed so that the parking
surface is set back 50 feet from the
Clara Court right-of-way.
C. Site Development Standards
The site development standards for
this ID Institutional District shall be
established as follows:
I) The landscaping and screening
requirements shall be established in
accordance with the requirements of
Section 4-5 of the Zoning Ordinance
of the City of Dubuque, Iowa except
that Section 4-5.4(3)a shall be
omitted. All other site development
standards of Section 4-4 shall apply.
2) There shall be a 15 foot wide
landscape buffer established along
the east side of Hill Street. The 15
foot width shall be measured from
the east edge of the public sidewalk
along Hill Street The landscape
buffer shall be a combination of
earthen beets, trees, shrubs and
retaining walls. The type of
screening used will be dependent on
Regular Session, July 6, 1993
the grade difference between the
proposed surface parking lots and
Hill Street however, will generally
resemble the existing landscaped area
inunediately north of the Medical
Associates entrance.
D. Signage
The fallowing regulations shall apply
to all signs in this particular ID
Institutional District as follows:
1) The maximum allowable area
limitation for wall -mounted
identification signs for Mercy Health
Centex shall be established at 350
equate feet per property street
frontage adjoining Langworthy,
Mazzuchelli, Wooten and Dodge.
The maximum size of any one sign
shah not exceed 250 square feet and
the maximum number of signs for
any one frontage shall not exceed 8.
2) The maximum allowable area
limitation for freestanding
identification signs for Mercy Health
Center shall be established at 350
square feat per property street
frontage adjoining Langworthy,
Mazzuchelli, Wooten and Dodge.
The maximum size of any one sign
shall not exceed 250 square feet and
the maximum number of signs for
any one frontage shall not exceed 4.
3) All existing wall -mounted or
freestanding signs may be relocated
as is required by additions,
alterations or changes in building
configuration for Mercy Health
Center. The square footage
limitations herein above described in
Numbers 1) and 2) shall apply.
4) A maximum area of 350 cumulative
square feet of sign face per each
frontage of Wooten, Hill and
Langworthy for Medical Associates
Clinic be established. The maximum
area of any sign shall not exceed 200
square feet and the maximum
number of signs shall not exceed 12.
5) That all other sign regulations not
herein identified shall conform to
Section 4-3.11 Schedule of Sign
Regulations for the ID Institutional
District
E. Time Limitation
The conceptual development plan
shall be valid for a period of five
years provided final site development
plans are subnitted within the five
(5) year time frame. Extensions may
be granted by the City Council at the
request of Mercy Health Center and
Medical Associates Clinic.
R Transfer of Ownership
Transfer of ownership a lease of
property in this ID Institutional
District shalt include in the transfer
of lease agreement a provision that
the purchaser or leasee acknowledges
awareness of the conditions
authorizing the establishment of this
district
Passed, approved and adopted this
6th day of July, 1993.
Attest:
Mary A. Davis
City Clerk
ACCEPTANCE OF ORDINANCE NO.
35-93
We, the undersigned, representatives for
Mercy Health Centex and Medical Associates
Clinic, P.C., having read the terns and
conditions of the foregoing Ordinance No.
35-93 and being familiar with the conditions
thereof, hereby accept this same and agree to
the conditions required therein.
Dated in Dubuque, Iowa this 6th day of
July, 1993.
By /s/Sister Helen Huewe OSF
President and Chief Executive Officer
Mercy Health Center
By /,/Thomas E. Bishop
Chief Operating Officer
Medical Associates Clinic, P.C.
Published officially in the Telegraph
Herald newspaper this 14th day of July,
1993.
Mary A. Davis CMC
1t 7/14 Cyn, Clerk
Council Member Nagle moved final
adoption of the Ordinance. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to
consider approval of Conceptual
Development Plan for Emmaus Bible
College, presented and read. There were no
written objections received and no oral
objectors present at the time of the Hearing.
Council Member Voetberg moved that the
proof of publication be received and filed.
Seconded by Council Member Nagle.
Carried by the following vote:
Yeas—Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
James E. Brady
Mayor
227 Regular Session, July 6, 1993
Don Abel of Emmaus Bible College
requested approval of the inclusion of sixty
additional parting spaces.
An Ordinance Amending Zoning
Ordinance by approving • Conceptual
Development Plan for the ID Institutional
District for Emmaus Bible College located at
2570 Asbury Road, said Ordinance having
been presented and read at the Council
Meeting of 6-21-93, presented for further
action.
(0MCIAL
PUBLICATION)
ORDINANCE NO. M-93
AN ORDINANCE OF 771E 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
TO APPROVE A CONCEPTUAL
DEVELOPMENT PLAN FOR THE
ID INSTITUTIONAL DISTRICT
FOR EMMAUS BIBLE COLLEGE.
Whereas, Emmaus Bible College, owner
and applicant, has filed a conceptual
development pian for certain properties
hereinafter described in accordance with the
provisions of the ID Institutional District
regulations as set forth in Section 3-52 of
the Code of Ordinances, Appendix A thereof,
of the City of Dubuque, Iowa; and
Whereas, the Zoning Commission has
held a public hearing on said application for
zoning reclassification and said amended
conceptual development plan pursuant to
required published notice; and
Whereas, the Zoning Commission has
approved said application for conceptual
development plan subject to specific
conditions and restrictions having found that
said pian cenfornu with the review standards
applicable to such plans as sat forth in
Section 3-5.2D(4) of the Coda of
Ordinances, Appendix A thereof, of the City
of Dubuque, Iowa; and
Whereas, the Zoning Commission
recommended the concurrence of the City
Council in approval of (said conceptual
development plan and said application of
zoning reclassification; and
Whereas, the City Council hu received
the rcconmandation of the Zoning
Conanission and held its own public hearing
on said conceptual development plan and
said application for zoning and
reclassification pursuant to required
published notice; and
Regular Session, July 6, 1993
228
Whereas, the City Council has approved
said conceptual development plan and said
application for zoning reclassification subject
to the same specific conditions and
restrictions.
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances
of the Qty of Dubuque, Iowa be amended
by revising Appendix A thereof, also known
as the Zoning Ordinance of the City of
Dubuque. Iowa, by reclassifying from C-2
Neighborhood Shopping Center District to
ID Inetitudonal District the following
deacibed property to wit:
Lot 1 of St. Rose Place and Lot 1 of Red
Cross/UniversityPark Subdivision and the
adjoining public right-of-way to the center
line of Asbury Road and Chaney Road,
all in the City of Dubuque, Iowa.
Section 2. That in order to accomplish
the purposes of the ID Institutional District
of the Zoning Ordinance of the City of
Dubuque, Iowa, the property herein above
described is subject to the following
conditions and restrictions:
A. Use Regulations
The following regulations shall apply
to all uses mlyde of land in the above
described IDtjnstitutional District:
Principal permitted uses shall be
limited to the following:
a) Colleges and universities. [45]
b) Vocational schools. [45]
c) Seminaries. [45]
d) Offices for administrative
personnel or other institutional
employees and affiliates. [14]
Churches [7], libraries, and
museums. [13]
f) Classrooms, laboratories, lecture
halls, and similar places of
institutional assembly. [45]
Off-street parking and loading.
[NA]
Recreational or athletic facilities
for the primary use and benefit
of institutional residents or
affiliates. [9]
i) Single-family. two-family [11]
or multi -family dwellings for the
housing of iudtudonal residents
or affiliates. [9]
2) Accessory uses. The following
uses shall be permitted as
accessary uses in the above
described ID Institutional
District
All uses customarily incidental
to the principal permitted uses in
conjunction with which such
accessory uses operated or
maintained, but not to include
conanauial Uses outside the
principal building.
3) No conditional uses will be
allowed
B. Lot and Bulk Regulations
Development of land in the ID
Institutional District shall be
regulated as follows:
1) All buildings, structures and activities
shall be located in conformance with
the attached conceptual development
plan and all final site development
plans to be approved in accordance
with the provision' of the ID
Institutional District regulations as
provided in the Zoning Ordinance of
the City of Dubuque, Iowa.
C. Site Development Standards
The site development standards for
this ID Institutional District shall be
established as follows:
I) The landscaping and screening
requirements shall be established in
accordance with the requirements of
Section 4-5 of the Zoning Ordinance
of the City of Dubuque, lows.
2) All other site development standards
of Section 4-4 shall apply.
D. Parking Requirements
The off-street parking requirements
for the principal permitted uses for
the herein described ID Institutional
District shall be a minimum of 200
off-street parking spaces.
E. Time Limitation
The timetable for construction and
submittal of a final site development
plan shall be established in
conformance with the following
standards:
1) The conceptual development plan
shell be valid for a period of five (5)
years, provided the final site
development plan is submitted within
one year from the date of approval.
F. Transfer of Ownership
Transfer of ownership of lease of
property in this ID Institutional
District shall include in the transfer
of lease agreement a provision that
the purchaser or leasee acknowledges
awareness of the conditions
authorizing the establishment of the
district.
G. Other Standards
1) Signage shall be allowed as per
Section 4-3.11 of the Zoning
Ordinance of the City of Dubuque,
Iowa.
2) That all previously approved
conceptual development plans are
hereby amended to allow for the
attached conceptual development
Plan.
Passed, approved and adopted this 6th day
of July, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
ACCEPTANCE OF ORDINANCE NO.
36-93
1, Daniel H. Smith, President of Emmaus
Bible College, having read the term and
conditions of the foregoing Ordinance No.
36-93 and being familiar with the conditions
thereof, hereby accept this same and agree to
the conditions required therein.
Dated fit Dubuque, Iowa this 9th day of
July, 1993.
By /s/ Daniel H. Smith, President
Emmaus Bible College
Published officially in the Tekgraph
Herald newspaper this 15th day of July,
1991
Mary A. Davis CMC
It 7/15 City Clerk
Council Member Voetberg moved to
amended the proposed Ordinance to remove
additional 60 off-street parking spaces.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas—Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
Council Member Voetberg moved final
adoption of the Ordinance, as amended
Seconded by Council Member Nagle.
Carried by the following vote:
Yeas—Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to
consider reclassifying property at 2235
Central Avenue from R -2A to C-4 District,
presented and read. There were no written
objections received and no oral objectors
present at the time of the Hearing. Council
Member Nagle moved that the proof of
publication be received and filed. Seconded
by Council Member Nicholson. Carried by
the following vote: Yeas—Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
An Ordinance Amending Zoning
Ordinance by reclassifying property located
at 2235 Central Avenue from R -2A Alternate
Two -Family Residential District to C-4
Downtown Commemiai District, said
Ordinance having been presented and read at
the Council Meeting of 6-21-93, presented
for further action.
229 Regular Session, July 6, 1993
(OFFICIAL PUBLICATION)
ORDINANCE NO. 3743
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA
PROVIDING THAT THE CODE
OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS
THE ZONING ORDINANCE OF
THE CITY OF DUBUQUE, IOWA,
BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 2235
CENTRAL AVENUE FROM R -2A
ALTERNATE TWO-FAMILY
RESIDENTIAL DISTRICT TO C-4
DOWNTOWN COMMERCIAL
DISTRICT.
Regular Session, July 6, 1993
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of
the City of Dubuque. Iowa be amended by
revising Appendix A thereof. also known as
the Zoning Ordinance of the City of
Dubuque. Iowa, to reclassify hereinafter
described property from It -2A Alternate
Two -Family Residential District to C-4
Downtown Commercial District, to wit:
The northerly 40 feet of Lot 4 in
Tivoli Addition, and to the center line
of the adjoining public right-of-way,
all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment
has heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa.
Passed, approved and adopted this 6th day
of July. 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 14th day of July,
199&
Mary A. Davis CMC
It 7/14 - City Clerk
Council Member Nagle moved final
adoption of the Orth ce. Seconded by
Council Member Nic lson. Carried by the
following vote: eas—Maya Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to
consider granting an easement to Plastic
Center, Inc. and communication of City
Manager recommending adoption of the
Resolution approving granting an Easement
to Plastic Center, Inc., presented and read.
Council Member Nagle moved that the proof
of pubhcaton be received and Med.
Seconded by Council Member Nicholson.
Carried by the following vote:
Yeas—Mayor Brady. Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
RESOLUTION NO. 197-93
RESOLUTION APPROVING
GRANT OF EASEMENT TO
PLASTIC CENTER,
INCORPORATED
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 25th day of
June, 1993, the City Council of the City of
Dubuque, Iowa met on the 6th day of July,
1993, at 7:30 p.m. in the Public Library
Auditorium, 11th and Locust, Dubuque,
Dubuque County, Iowa to consider the
granting of a perpetual easement in the real
estate underlying that portion of Ninth Street
and the public alley adjacent to City Lots 49
and 50 in the City of Dubuque; and
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all
objections, oral, or written, to the granting of
said perpetual easement to Plastic Center,
Incorporated.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the granting of a
perpetual easement in the real estate
underlying that portion of Ninth Street and
the public alley adjacent to City Lots 49 and
50 in the City of Dubuque more particularly
described and shown on Exhibit B, attached
hereon, to Plastic Center, Incorporated be and
the same is hereby approved for the sum of
51.00 and other good and valuable
consideration.
Section 2. That the Mayor be authorized
and directed to execute the Grant of
Easement, and the City Clerk be and is
hereby authorized and directed to deliver
said Grant of Easement to the above named
grantee.
Section 3. That the City Clerk be and is
hereby authorized and directed to record a
certified copy of this resolution in the office
of the City Assessor, Dubuque County
Recorder and the Dubuque County Audita.
Passed, approved and adopted this 6th day
of July, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Nagle moved final
adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas—Maya Brady,
Council Members Khanna, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Council recessed at 8:53 p.m.; Council
reconvened at 9:13 p.m.
Proof of Publication, certified to by the
PuNisher, on Notice of Hearing on Plans and
Specifications for the Crescent Ridge &
Starlight Drive Reconstruction Project, Proof
of Publication on Notice of Hearing on
Resoludon of Necessity for project to
Property Owners; Certification of City Clerk
certifying notices were sent by certified mail
to known property owners, Communication
of City Manager recommending adoption of
the Resolutions proceeding with Crescent
Ridge & Starlight Drive Reconstruction
Project Communication of Craig A.
Bergman objecting to proposed Crescent
Ridge & Starlight Drive Reconstruction
Project, Communication of Public Works
Director submitting amendments to
preliminary Schedule of Assessments,
presented and read. Council Member
Kluesner moved that the proofs, certificate
and communications be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote:
Yeas—Maya Brady, Council Members
Kluesner, Krieg, Nicholson, Robbins,
Voetberg. Nays --Council Member Nagle.
Craig Bregman, Jerry Gremmel, Harold
Winters, Donald Fondell, Melia Gassman,
Mary Lynn Neumeister, Doug Fern, David
Rusk, Roy Berman, Robert Northouse, Burt
Steve, all objected to the proposed project
and offered specific suggestions if project is
approved.
RESOLUTION NO. 198.93
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 2nd day of June, 1993,
Plans, specifications, form of contract and
estimated cost were filed with the City Clerk
of Dubuque, Iowa for the Crescent Ridge &
Starlight Drive Reconstruction Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and
estimated cost was published as requited 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
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Reaolution. Seconded by
Council Member Voetberg. Carried by the
following vote: Yeas—Maya Brady,
Council Members Kluesner, Krieg,
Nicholson, Robbins, Voetberg.
Nays—Council Member Nagle.
RESOLUTION NO. 199-93
RESOLUTION WITH RESPECT
TO THE ADOPTION OF THE
RESOLUTION OF NECESSITY
PROPOSED FOR THE CRESCENT
RIDGE & STARLIGHT DRIVE
RECONSTRUCTION PROJECT
Whereas, the City Council has proposed
a Resolution of Necessity for the Crescent
Ridge & Starlight Drive Reconstruction
Project, has given notice of the public
hearing thereon as inquired by law; and
Whereas, the public hearing has been
held, all persons offering objections have
been heard and consideration given to all
objections and is pending before this
Council; and
Whereas, this is the time and place set as
provided for the taking of action on the
proposed Resolution of' Necessity.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the proposed Resolution of Necessity
described above is hereby:
Adopted as amended by the Schedule of
Assessments attached hereto as Exhibit A,
and made a part hereof by reference. All
objections filed or made having been duly
considered are overruled.
Passed, adopted and approved this 6th day
of July, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
CityClerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Voetberg. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Kluesner, Krieg,
Nicholson, Robbins, Voetberg.
Nays—Council Member Nagle.
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231 Regular Session, July 6, 1993
RESOLUTION NO. 200-93
ORDERING BIDS
NOW THEREFORE, BE rr RESOLVED
BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Crescent Ridge & Starlight ]hive
Remastrocdon Project is hereby ordered to
be advertised for bids for construction.
BE IT FURTHER RESOLVED, that the
amount of the security to ancon sny each
bid shall be in an amount Which shell
conform to the provisions of the notice to
bidders hereby approved as a part of the
plans and specifications heretofore adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa,
which notice than not be less than four days
nor more than twenty days prior to the
receipt of said bids at 2:00 p.m. on the 14th
day of July, 1993. Bids shall be opened and
read by site City Clerk at said time and will
be submitted to the Council for final action
at 7:30 p.m. on the 19th day of July, 1993.
Passed, adopted and approved this 6th day
of July, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Voetberg. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Kluesner, Krieg,
Nicholson, Robbins, Voetberg.
Nays—Council Member Nagle.
Proof of Publication certified to by the
Publisher on Notice of Hearing on Plans and
Specifications for the 1993 Asphalt Paving
Project, a Resolution Adopting Plans and
Specifications for Project Proof of
Publication on Notice to Bidders of the
Receipt of Bids for project Communicationof City Manager recommending to award
contract for the project to River City Paving
of Kieler, WL; A Resolution Awarding
Contract to River City Paving, A Division of
Mathy Construction, for the project in the
amount of 3375,589.16, presented and read.
Council Member Voetberg moved that the
proofs of publications and communications
be received and filed and that the
Resolutions be adopted. Seconded by
Council Member Kluesrner. - Vote on the
motions was as follows: Yeas—Council
Members Kluesner, Krieg. Nays—Mayor
Brady, Council Members Nagle, Nicholson,
Robbins, Voetberg. Motion failed -
Resoludons not adopted. Mayor Brody
further moved -o award the contract to
Tschiggfrie Excavating. Seconded by
Council Member Nagle. Vote on the motion
was as follows: Yeas—Maya Brady,
Council Members Nagle, Robbins.
Nays --Council Members Klemm, Krieg,
Nicholson, Voetberg. Motion failed.
Council Member Voetberg moved to
reject all bids received and to rebid the
project and include within the specifications
site specific requirements. Seconded by
Council Member
Nicholson. Carded by the following vote:
Yeas—Council Members Kluesner, Krieg,
Nicholson, Voetberg. Nays --Maya Brady,
Council Members Nagle, Robbins.
Council recessed at 10:42 p.m.; Council
reconvened at 10:59 p.m.
BOARDS AND COMMISSIONS
APPOINTMENTS:
ELECTRICAL CODE BOARD
Five three-year terms that will expire 5-
21-96 (tents of R. Wegener, S. Braun, J.
Dixon, D. Dolts, & D. Hammel).
Applicants: No At Large Applicants;
Electrical Contractor Applicant: James R.
Dixon; Joumeyman/Maintenance Applicant:
Daniel Dolter, Dan Hammel.
Upon vote, James R. Dixon (Elec. Cont),
Darnel 1. Dolter (Journ./Maint), Dan
Hammel (Joum./Maint) reappointed for three
year toms which will expire 5-21-96.
Historic Preservation Commission
Three three-year terms that will expire 7-
1-96 (terms of J. Welch, B. Bishop, D.
Greenfield). Applicants: At Large/Arch.:
Bamey A. Bishop; Langworthy District:
Jeny R. Welch.
Upon vote Barney Bishop (At
Large/Arch.) and Jerry R. Welch
(Langworthy Dis.) reappointed for three year
terms which will expire 7-1-96. Upon
further motion City Clerk directed to
continue to advertise open positions.
Investment Oversight Commission
One three-year term that expires 7-1-96
(term of 1. Glab); Applicant: Thomas H.
Kersch, Gary L. Ruden. Mayor Brady voted
for Kersch. Council Member Kluesner voted
for Ruden. Council Member Krieg voted for
Ruden. Council Member Nagle voted for
Kersch. Council Member Nicholson voted
for Keech. Council Member Robbins voted
for Kersch. Therefore, Thomas H. Kersch
appointed to a tenn on the Investment
Oversight Committee to expire 7-1-96.
Regular Session, July 6, 1993
232
Library Board
Two tuns to expire 7-1-99 (6 year terns)
(terms of 11. Hantelmann & A.
Bouldnghouse).
Applicants: Edward IL Everts, Helen
Hantelnrnn. Mayor Brady appointed
Edward Everts and Helen Hamelnrnn to six
year terns on the Library Bd. which will
expire 7-1-99 and Council concurred with
appointments.
Long Range Planning Commission
Two three-year terns that expire 7-1-96
(teens of J. Morena & D. Rusk).
Applicants: Thomas Kutch, Jeffrey P.
Morena, Anna M. O'Shea, David W. Rusk.
Mayor Brady voted for Mozena and O'Shea.
Council Member Kluesner voted for Morena
and Rusk. Council Member Krieg voted for
Mozena and O'Shea Council Member
Nagle voted for O'Shea and Rusk. Council
Member Nicholson voted for O'Shea and
Rusk. Council Members Robbins voted for
O'Shea and Rusk. Council Member
Voetberg voted for Mozena and Rusk.
Therefore Anna O'Shea and David Rusk be
appointed to the Long Range Planning
Commission for terms that will expire 7-1-
96.
Council Member Krieg moved that
Council Member Voetberg be appointed to
represent the Council. Seconded by Council
Member Kluesner. Carried by the following
vote: Yeas—Mayor Brady, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None.
Park & Recreation Commission
Two three-year terns that expire 7-1-96
(tenor of L. Galliart & G. Thompson)
Applicants: Tim J. Bends, Lyle R. Galliart,
Gene P. Thompson. Maya Brady voted for
Bemis and Thompson. Council Member
Kluesner voted for Gallian and Thompson.
Council Member Krieg voted for Galliert and
Thompson. Council Member Nagle voted
for Galliart and Thompson. Council
Member Nicholson voted for Beanis and
Thompson. Council Member Robbins voted
for Bemis and Galliart. Council Member
Voetberg voted for Galion and Thompson.
Therefore, Lyle R. Gilliam and Gene
Thompson reappointed to serve three year
terms which will expire 6-30-96.
Zoning Commission
There three-year terms which will expire
7-1-96 (terms of D. Honig, D. Fitch-
Bregman, S. Kane). Applicants: Dorothy
Fitch-Bregman, Shaun P. Kane, Don
Lochner, Richard J. Schiltz. Mayor Brady
voted for Fitch-Bregman, (Cane and Lochner.
Council Member Kluesner voted for Fitch-
Bregman, Kane and Schiltz. Council
Member Krieg voted for Fitch-Bregman,
Kane and Schiltz. Council Member Nagle
voted for Fitch -Bregmas, Kane and Lochner.
Council Member Nicholson voted fa Fitch-
Bregman, Kane and Schiltz. Council
Member Robbins voted for Kane, Lochner,
and Schiltz. Council Member Voetberg
voted for Fitch-Bregman, Kane and Schiltz.
Therefore, Dorothy Pitch-Bregman, Shawn P.
Kane and Richard 1. Schiltz appointed to the
Zoning Commission for tenni to expire 6-
30-96.
Communication of David S. Hartig, Jr.
conveying his decision to not reapply for
another Zoning Commission full tens,
presented and read. Council Member Krieg
moved that the communication be received
and filed and resignation accepted with
regret Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
Oral communication of Council Member
Robert Nagle resigning from the Board of
Dubuque Main St Ltd.. Council Member
Krieg moved that the resignation be accepted
and that Council Member Voetbeig be
appointed to the Board of Dubuque Main St.
Ltd., for the months of July and August.
Seconded by Council Member Nicholson.
Carried by the following vote:
Yeas—Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
Communication of Dean R. Millius
appealing decision of Crawford & Company
to deny his car damage claim and
communication of Corporation Counsel
advising Council of basis of Crawford's
denial and recommending further denial,
tabled from meeting of lune 21, 1993),
presented for further action. Council
Member Kluesner moved that the
communication be received and filed.
Seconded by Council Member Krieg.
Carried by the following vote:
Yeas—Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
Council Member Nicholson moved to pay
the low bid of the Mifius' claim. Motion
failed due to lack of a second. Council
Member Voetberg moved to approve the
recommended denial. Seconded by Council
Member Kluesner. Vote on the motion was
as follows: Yeas—Council Members
Kluesner, Krieg, Voetberg. Nays—Mayor
Brady, Council Members Nagle, Nicholson,
Robbins. Motion failed. Council Member
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Regular Session, July 6, 1993
Nagle moved to pay 50% of the low bid.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas—Mayor
Brady. Council Members Nagle, Nicholson,
Robbins. Nays—Council Members
Klesna, Krieg, Voetberg.
Presentation by Long Range Ranting
Commission requesting City Council
approval of proposed Comprehensive Plan
Process, presented and read. Council
Member Robbins moved that the
praentadon be received and filed and the
Comprehensive Ran Process be approved.
Seconded by Council Memba Voetbag.
Carried by the following vote:
Yeas—Mayor Brady, Council Members
IOuesna, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
Communication of City Manager
submitting an Ordinance with proposed
changes regarding the City's Industrial
Pretreatment Programa presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote:
Yeas—Mayor Brady, Council Members
Klcesna, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
An Ordinance Amending the Code of
Ordinances by repealing Chapter 44,
Division 6, Industrial Pretreatment Program,
and adopting in lieu thereof, a new Chapter
44, Division 6, Industrial Pretreatment
Program, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 38-93
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BY
REPEALING CHAPTER 44,
DIVISION 6, INDUSTRIAL
PRETREATMENT PROGRAM,
AND ADOPTING IN LIEU
THEREOF, A NEW DIVISION 6,
INDUSTRIAL PRETREATMENT
PROGRAM, PROVIDING
GENERAL PROVISIONS AND
REGULATIONS, ESTABLISHING
FEES, PROVIDING FOR
ADMINISTRATION AND.
ENFORCEMENT, AND
ESTABLISHING PENALTIES AND
COSTS FOR VIOLATIONS
THEREOF.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Code of Ordinances, City
of Dubuque, Iowais amended by repealing
Chapter 44, Division 6, Industrial
Pretreatment Program.
Section 2. The following new Chapter
44, Division 6, Industrial Pretreatment
Program, is hereby adopted:
DIVISION 6. INDUSTRIAL
PRETREATMENT PROGRAM
SECTION 44-101 GENERAL PROVISIONS
(a) Purvis v
This Division sets forth uniform
requirements for direct and indirect
contributors into the wastewater collection
and treatment system for the City of
Dubuque, Iowa and enables die City to
comply with all applicable State and Federal
laws required by the Clean Water Act of
1977 (Public Law 95-217) General
Pretreatment Regulations (40 CFR Part 403).
When in conflict with provisions of
Article II of Chapter 44, the provisions of
this division shall supersede.
The objectives of this Division are to:
(1) Prevent the introduction of pollutants
into the City's wastewater system which will
interfere with the operation of the system or
contaminate the resulting sludges;
(2) Prevent the int$Iuction of pollutants
into the City's wastewdtersystem which will
pass through the system, inadequately
treated, into receiving waters or the
atmosphere or otherwise be incompatible
with the system;
(3) Improve the opportunity to recycle
and reclaim wastewaters and sludges from
the system; and
(4) Provide for equitable distribution of
the cat of the City's wastewater system.
This Division provides for the regulation of
direct and indirect contributors to the
municipal wastewater system through the
issuance of permits to certain non-domestic
users and through enforcement of general
requirements for the other users, authorizes
monitoring and enforcement activities,
requires user reporting, assumes that existing
customers' capacity will not be preempted,
and provides for the setting of fees for the
equitable distribution of costs resulting from
the program established herein.
This Division shall apply to the City of
Dubuque, Iowa and to persons outside the
corporate boundaries of the City of Dubuque,
Iowa, who are, by contract or agreement
with the City, users of the City of Dubuque's
Water Pollution Control Plant. Except as
otherwise provided herein, the City Manager
of the City of Dubuque, Iowa shall
administer, implement and enforce the
provisions of this Division.
Regular Samba, July 6, 1993
234
(b) Definition
Unless the context specifically indicates
otherwise, the following tams and phrases,
as used in this Division, shall have meanings
hereinafter designated:
(1) Act or "the Act". The Federal Water
Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C.
1251, et seq.
(2) Approval Authority. The Director in
an NPDES state with an approved State
Pretreatment Pnogmm.
(3) Approved POTW Pretreatment
Program A Program administered by a
POTW that meets the criteria established in
regulation 403.8 and 403.9 which has been
approved by a Regional Administrator or
Stab Director in accordance with 403.11 of
the Act
(4) Authorized Representative of
Industrial User. An authorized repress ntadve
of an industrial user may be: a principal
executive officer of at least the level of Vice
President, if the industrial user is a
corporation; a general partner or proprietor if
the industrial user is a partnership or
proprietorship, respectively; a duly
authorized representative of the individual
designated above if die representative is
responsible for the overall operation of the
facilities from which the discharge
originates.
(5) Biochemical Oxygen Demand (BOD).
The quantity of oxygen utilized in the
biochemical oxidation of organic matter
under standard laboratory procedure,
measured at 5 days, 20 degrees celsius,
expressed in terms of concentration
(milligrams per liter [mg/L)).
(6) Building Sewer. A sewer conveying
wastewater from the premises of a user into
the City's wastewater system.
(7) Bypass. "Bypass" means the
intentional diversion of waste streams from
any portion of an Industrial User's treatment
facility.
(8) National Pretreatment Standard. The
tern[ "National Pretreatment Standard,"
"Pretreatment Standard," or "Standard"
means any regulation containing pollutant
discharge limits promulgated by the EPA in
accordance with section 307(6) and (c) of
the Act, which applies to Industrial Users.
This term includes general and specific
prohibitions found in 40 CFR 403.5.
(9). The City of Dubuque, Iowa, or
the City Council of the City of Dubuque,
Iowa
(10) City Manager. The City Manager
of the City of Dubuque, Iowa, or designee.
(11) Cooling Water. The water
discharged from any use such as air
conditioning, cooling or refrigeration, or to
which rine only pollutant added is heat
(12) Control Authority. The tam
"control authority" shall refer to the City
Manager of the City of Dubuque, Iowa.
(13) Direct Discharge. The discharge of
treated or untreated wastewater diiectly into
the waters of the State of Iowa
(14) Director. The Chief Administrative
Officer of a State or Interstate water
pollution control agency with an NPDES
permit program approved pursuant to section
402(b) of the Act and an approved State
Pretreatment Program
(15) Environmental Protection Agency
(EPA. The U.S. Environmental Protection
Agency, or where appropriate the term may
also be used as • designation for the
Administrator or other duly authorized
official of said Agency.
(16) Grab Sample. A sample which is
taken from a waste stream on a one -rime
basis with no regent to the flow in the waste
stream and without consideration of time.
(17) Holding Tank Waste. Any waste
from holding tanks such as vessels, chemical
toilets, campers, trailers, septic tanks, and
vacuum pump bucks.
(18) Indirect Discharge. The discharge
or the introduction of pollutants from any
nondomestic source regulated under section
307(6), (c), or (d), of the Act, (33 U.S.C.
1317), into the POTW (including holding
tanks wastes discharged into the system).
(19) Industrial Use. A source of
indirect discharge.
(20) Interference. A discharge which
alone or in conjunction with a
discharge or discharges from other
sources, both:
1) Inhibits or disrupts the POTW, its
treatment processes or operations, or its
sludge processes, use cr disposal; and
2) Therefore, is a cause of a violation of
any requirement of the POTW's NPDES
permit (including an increase in the
magnitude or duration of a violation) or of
the prevention of sewage sludge use or
disposal in compliance with the following
statutory provisions and regulations or
pemtits issued thereunder (or more stringent
State or local regulations): Section 405 of the
Clean Water act, the Solid Waste Disposal
Act (SWDA), (including Title II, more
commonly referred to as the Resource
Conservadon and Recovery Act IRCRAj),
and including State regulations contained in
any State sludge management plan pre d
(pursuant to Subside D of the SDWA), the
Clean Air Act, the Toxic Substances Control
Act, and the Marine Protection, Research and
Sanctuaries Act.
(21) National Prohibitive Discharge
Standard or Prohibitive DischamgeStandard.
Any regulation developed under the authority
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235 Regular Saabs, July 6, 1993
of Section 307(6) of the Act and 40 CFR,
Section 403.5.
(22) New Source. The term "New
Source" nem any building, etruucuuee,Laity
or installation from which there is or may be
• Discharge of pollutants, the construction of
which commenced after the publication of
proposed Pretreatment Standards under
Section 307(c) of the Act which will be
applicable to such source if such Standards
are thereafter promulgated in accarda we
with that section, provided that:
1) The building, stmctme, facility or
installation is constructed at a site at which
no other source is located; or
2) The building, structure, facility or
installation totally replaces the process or
production equipment that causes the
discharge of pollutants at an existing source;
or
3) The production of wastewater
generating processes of the building,
structure, facility or installation am
substantially independent of an existing
source at the same site. In determining
whether these are substantially independent
facers such as the extent to which the new
facility is integrated with the existing plant,
and the extent to which the new facility is
engaged in the same general type of activity
as the existing source should be considered.
Construction on a site at which an
existing source is located results in a
modification rather than a new source if the
construction does not create a new building,
structure, fatality or installation meeting the
criteria of paragraphs 2) or 3) of this section,
but otherwise alters, replaces, or adds to
existing process or production equipment.
Construction of a new source as defined
under this paragraph has commenced if the
owner or operator has begun,or caused to
begin as part of a continuous on-site
construction program:
1) Any placement, assembly, or
installation of facilities or equipment; or
2) Significant site preparation work
including clearing, excavation, or removal of
existing building, stuc s, or facilities
which is necessary jou the placement,
assembly, or installation of new source
facilities or equipment or entered into a
binding contractual obligation for the
purchase of facilities or equipment which are
intended to be used in its operation within
a reasonable time. Options to purchase or
contracts which can be terminated or
modified without substantial Ids, and
contracts for feasibility, engineering, and
design studies do not constitute a contactual
obligation under this paragraph.
(23) National Pollution Discharge
Elimination. System err NPDES Perndt A
permit issued pursuant to Section 402 of the
Act (33 U.S.C. 1342).
(24) NPDES State. A State or Interstate
water pollution control agency with an
NPDES permit program approved pursuant
to Section 402(b) of the Act.
(25) Pass Through. A discharge which
exits the POTW into waters of the United
States in quantities or concentrations which,
alone or in conjunction with a discharge or
discharges from other sources, is a cause of
a violation of any requirement of the
POTW's NPDES permit (including an
increase in magnitude or duration of a
violation).
(26) Person. Any individual,
partnership, copartnership, firm, company,
corporation, association, joint stock
company, trust estate,goventmental entity, or
any other legal entity or their legal
representatives, agents or assigns. The
masculine gender shall include the feminine,
the singular shall include the plural where
indicated by context.
(27) pl. The logarithm (base 10) of the
reciprocal of the concentration of hydrogen
ions.
(28) Pollution. The man-made or man -
induced alteration of the chemical, physical,
biological and radiological integrity of the
water.
(29) Pollutant Any dredged spoil, solid
waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials,
heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal and
agricultural waste discharged into water.
(30) Pretreatment or Treatment. The
reduction of the amount of pollutants, or the
alteration of the nature of pollutants, the
elimination of pollutants, or the alteration of
the nature of pollutant properties in
wastewater to a less harmful state prior to or
in lieu of discharging or otherwise
introducing such pollutants into a POTW.
The reduction or alteration can be obtained
by physical, chendcal or biological
processes, process changes or by other
means, except as prohibited by 40 CFR
Section 403.6(d):
(31) Pretreatment Requirements. Any
substantive or procedural requirement related
W pretreatment other than a National
Pretreatment Standard imposed on an
industrial user.
(32) Publicly Owned Treatment Works
(POTW). A treatment works as defined by
Section 212 of the Act (33 U.S.C. 1292)
which is owned by the City. This definition
includes any sewers that convey wastewater
to the POTW treatment plant, but does not
Regular Session, July 6, 1993
236
include pipes, sewers or other conveyances
not connected to a facility providing
ambient For the purposes of this Division,
"POTW" shall include any sewers that
convey wastewater to the POTW from
persons outside the corporate boundaries of
the City who are, by contract or agreement
with the City, users of the City of Dubuque's
wastewater treatment facility.
(33) POTW Treatment Plant. That
portion of the POTW designed to provide
matt -nem of municipal sewage and industrial
waste.
(34) Regional Administrator, The
appropriate EPA regional administrator.
(35) Severe Property Damage. "Severe
property damage" means substantial physical
damage to Property, damage to the treatment
facilities which causes them to become
inoperable or substantial and permanent loss
of natural resources which can reasonably be
expected to occur in the absence of a bypass.
Severe property damage does not mean
economic loss caused by delays in
production.
(36) Shall is mandatory; h ry is
permissive.
(37) Significant Industrial User. The
term Significant Industrial User means:
1) All industrial users subject to Categorical
Pretreatment Standards under 40 CFR 403.6
and 40 CFR Chapter I, Subchapter N;
2) Has a discharge flow of 25,000 gallons
our more per average work day of process
wastewater, or
3) Contributes a process waste steam
which makes up 5 percent or mere of the
average dry weather hydraulic flow or
organic capacity of the POTW Treatment
Plant or
4) Is designated as such by the Control
Authority on the basis that the industrial user
has a reasonable potential for adversely
affecting the POTW's operation or for
violating any pretreatment standard or
requirement (in accordance with 40 CFR
403.8(0(6))
(38) Slug. A contribution that has a
flow rate or contains concentrations or
qualities of pollutants that exceed for any
time period longer than 15 minutes more
than 5 times the average 24 hour
concentration, quantities or flow during
normal operation.
(39) State. State of Iowa.
(40) Standard Industrial Classification
an A classification pursuant to the
standard industrial classification manual
issued by the Executive Office of the
President, Office of Management and
Budget, 1972.
(41) Storm Water. Any flow occurring
during or following any form of natural
precipitation and resulting therefrom
(42) Suspended Solids. The total
suspended matter that floats on the surface
of, or is suspended in water, wastewater or
other liquids, and which is removable by
laboratory filtering.
(43) Toxic Pollutant. Any pollutant or
combination of pollutants lined as toxic in
regulations promulgated by the Administrator
of the Environmental Protection Agency
under the provision of CWA 307(a) or other
Acts.
(44) User. Any person who contributes,
causes or pemdts the contribution of
wastewater into the City's POTW.
(45) Wastewater. The liquid and water -
carried industrial or domestic wastes from
dwellings, commercial buildings, industrial
facilities and institutions, together with any
ground water, surface water and storm water
that may be present, whether treated or
untreated, which is contributed or permitted
W enter the POTW.
(46) Waters of the State. All streams,
lakes, ponds, marshes, watercourses,
waterways, wells, springs, reservoirs,
aquifers, irrigation systems, drainage systems
and all other bodies or accumulations of
water, surface or underground, natural or
artificial, public or private, which are
contained within, flow through, or bonier
upon the State or any portion thereof.
(47) Wastewater Discharge Permit As
set forth in Section 44-104(b) of this
Division.
(c) Abbreviations The following
abbreviations shall have the designated
meanings:
BOD -- Biochemical Oxygen Demand
CFR -- Code of Federal Regulations
COD -- Chemical Oxygen Demand
EPA -- U.S. Environmental Protection
Agency
1 -- Liter
mg -- Milligrams
mgll -- Milligans Per Liter
NPDES -- National Pollutant Discharge
Elimination System
POTW -- Publicly Owned Treatment
Works
SIC -- Standard Industrial
Classification
SWDA -- Solid Waste Disposal Act, 42
U.S.C. 6901, et seq.
TSS — Total Suspended Solids
USC -- United States Code
SECTION 44-102 REGULATIONS
(a) General Discharge Prohibitions No user
shall contribute or cause to be contributed,
directly or indirectly, any pollutant or
wastewater which will interfere with the
operation or performance of the POTW.
These general prohibitions apply to all such
users of a POTW whether or not the user is
subject to National Categorical Pretreatment
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Standards. A use ma not contribute the
following substance to the POTW:
(1) Pollutenta which create • fire or
explosion hazard in the POTW and/or the
collection system, including, but not limited
to, waste streams with a closed cup flash
point of les than 140 degrees f hrenheit or
60 degree celsius using tet methods
specified in 40 CFR 261.21. At no time
shall two successive reading. on an
explodon hazard meter, at the point of
discharge into the system (or at any point in
the system) be more than 5 patent nor any
single reading over 10 percent of the Lower
Explosive Linit (LEL) of the mete.
Prohibited materials include, but are not
limited to, gasoline, kerosene, naptha,
benzene, toluene, xylene, ethers, alcohols,
ketone, aldehydes, peroxides, chlorates,
percbleates, bromates, carbides, hydrides,
and sulfides.
(2) Petroleum til, non -biodegradable
cutting oil, or products of mineral oil origin
in amounts that will cause interference or
pa
thmugh.
(3) Solid or viscous substances which
may cause obstructions to the flow in a
sewer or other interference with the
operation of the wastewater treatment
facilities such as, but not limited to, grease,
garbage with particles greater than one inch
(1") in any dimension, animal guts or tissues,
paunch manures, bone, hair, hides or
fleshings, entrails, whole blood, feathers,
ashes, cinders, sand, spent lime, stone or
marble dust, metal, glass, straw, shavings,
grass clippings, rags, spent grains, spent
hops, waste paper, wood, plastics, tar,
asphalt residues, residues frau refining or
processing of fuel or lubticating oil, mud, or
glass grinding a polishing wastes.
(4) Any wastewater having a pil les
than 5.5 or greater than 12.0.
(5) Any wastewater containing toxic
pollutants in sufficient quantity, either
singularly a by interaction with other
pollutants, to injure or interfere with any
wastewater tratmat'process, constituting a
hazard to humans �o{{ animals, create a toxic
effect in the receiving waters of the POTW,
or to exceed the limitation set forth in a
Categorical Pretreatment Standard. A toxic
pollutant shall include but not be limited to
any pollutant identified pursuant to Section
307(a) of the Act
(6) Pollutants which result in the presence
of toxic gases, vapors, or fumes within the
POTW or collection system in a quantity that
may cause acute worker health and safety
problems.
(7) Any substance which may cause the
POTW's effluent or any other product of the
POTW such as residua, sludges or scums to
be unsuitable for reclamation and reuse or to
Seem with the reclamation process. In no
cue shag a substance discharged into the
POTW cause the POTW to be in
noncompliance with sludge use or disposal
aitetia, guidelines or regulations developed
under Section 405 of the Act; any aiteria,
guidelines or regulations affecting sludge use
or disposal developed pursuant to the
SWDA, the Clean Air Act, the Tonic
Substances Control Act, a State criteria
applicable to the sludge management method
being used.
(8) Any substance which will cause the
POTW to violate its NPDES permit or the
receiving water quality standards.
(9) Any wastewater with objectionable
color not removed in the treatment process,
such as but not limited to dye wastes and
vegetable tanning solutions.
(10) Any wastewater having a
temperature which will inhibit biological
activity in the POTW treatment plant
resulting in interference, but in no case
wastewater with a temperature at the
introduction into the POTW which exceeds
40 degrees celalus (104 degrees fahrenheit).
(11) Any pollutants, including oxygen
demanding pollutants (BOD, etc. j} lased in
a discharge at a flow rate and/or pollutant
concentration which will cause interference.
(12) Any trucked or hauled pollutants
without prior approval of the City Manager
and except at discharge points designated by
the City Manager. Any trucked or hauled
pollutants to any industrial pretreatment
facility without prior approval of the City
Manager.
(13) Any wastewater containing any
radioactive wastes or isotopes of such half-
life or concentration as may exceed limits
established by applicable State or Federal
regulations.
(14) Any wastewater which causes a
hazard to human life or creates a public
nuisance.
When the City Manager determines that a
usa(s) is contributing to the POTW any of
the above enumerated substances in such
amounts as to interfere with the operation of
the POTW, the City Manager shall:
(1) Advise the user(s) of the impact of the
contribution to the POTW; and
(2) Develop effluent linitation(s) for such
usa(s) to correct the interference with the
POTW.
(3) Take appropriate enforcement action
as proscribed in Section 44104.
(b) Federal Categorical Pretreatment
Standards Upon the promulgation of the
Federal Categorical Pretreatment Standards
for a particular industrial subcategory, the
Federal Standard, if more stringent than
limitations imposed under this Division for
sources in that subcategory, shall
Regular Ssesbn, July 8, 1993
238
imunediately supersede the limitations
imposed under this Division. The Nuked
categorical pretreatment standards, located in
40 CFR gaper I, Subpart N, Parts 405-471,
are hereby incorporated into this ordinance.
The Qty Manager shall notify all affected
users of the applicable reporting
requirements under 40 CFR, Section 403.12.
(c) Modification of Federal Categorical
Pretreatment Standards What the Qty's
wastewater treatment facility achieves
consistent removal of pollutants limited by
Federal Pretreatment Standards, the City may
apply to the Approval Authority for
modification of specific limits in the Federal
Pretreatment Standard. "Consistent
Removal" shall mean reduction in the
amount of a pollutant or alteration of the
nature of the pollutant by the POTW to a
less toxic or harmless state which is achieved
by the POTW in 95 percent of the samples
taken when treasured according to the
procedures set firth in 40 CFR, Section
403.7(c)(2). The City may then modify
pollutant discharge limits in the Federal
Pretreatment Standards if the requirements
contained in 40 CFR, Section 403.7 are
fulfilled and prior approval frau the
Approval Authority is obtained.
(d) Specific Pollutant limitations No
usa(s) shall discharge wastewater, either
singulady or in combination with other
usa(s), concentrations of pollutants which
shall exceed One following limitations as
measured at the POTW Treatment Plant:
0.04 mg/1 Arsenic
0.01 mg/I Cadmium
0.70 mg/I Chromium (Total)
5.00 mg/I Cyanide
Copper
5.00 mg/1 Iron
0.20 mg/1 Lead
0.01 mg/1 Mercury
0.10 mg/I Nickel
100 mg/1 Oil and Grease
2.50 mgfl Phenolic Compounds
0.10 mg/I Silva
500 ng/1 Toluene
0.50 mg/1 Zinc
(e) Excessive Discharge No user shall
increase the use of process water or, in any
way, attempt to dilute a discharge as a
partial or complete substitute for adequate
treatment to achieve compliance with the
limitations contained in the Federal
Categotical Pretreatment Standards, a in any
other pollutant specific limitation developed
by the State or City.
(f) Accidental Discharge/Slug Control
Plan Each use shall provide protection from
accidental discharge of prohibited materials
or other substances regulated by this
Division. Facilities to prevent accidental
discharge of prohibited materials shall be
provided and maintained at the owner's or
user's, cost and expense. Detailed plans
showing facilities and operating procedures
to provide this protection shall be submitted
to the Qty for review, and shall be approved
by the City Manager before construction of
the facility. All existing users shall complete
such a plan by July I, 1983. No use who
commences contribution to the POTW after
the effective date of this Division shall be
permitted to introduce pollutants into the
system until accidental discharge procedures
have been approved by the City. Review
and approval of such plans and operating
procedure shall not relieve the industrial
use frau the responsibility to modify the
use's facility u necessary to meet the
requirements of this Division. In the case
of an accidental discharge, it shall be the
responsibility of the user to immediately
telephone and notify the POTW of the
incident The notification shall include
location of discharge, type of waste,
concentration and volume, and corrective
actions pursued. Within five days following
an accidental discharge, the use shall submit
to the City Manager a detailed written report
describing the cause of the discharge and the
measure to be taken by the user to prevent
similar future occurrences. Such notification
shall not relieve the user of any expense,
loss, damage, or other liability which may be
incurred as a result of damage to the POTW,
fish rills or any other damage to person or
property; nor shall notification relieve the
usa of any fines, civil penalties or other
liability which may be imposed by this
article or other applicable law. At least once
every two years the Qty shall evaluate
whether each significant user needs to
develop an accidental discharge/slug control
plan. Any industrial user required to
develop and implement an accidental
discharge/control slug plan shall submit a
plan which addresses, at a minimum, the
following:
(1) Description of discharge practices,
including nonroutine batch discharge;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying
the POTW of any accidental or slug
discharge. Such notification must also be
given for any discharge which would violate
any of the prohibited discharges of this
ordinance; and
(4) Procedures to prevent adverse impact
from any accidental or slug discharge. Such
procedures include, but are not limited to,
inspection and maintenance of storage areas,
handling and transfer of materials, training,
building of containment structures or
equipment, measures for containing toxic
organic pollutant (including solvents), and/or
measures and equipment for emergency
ly
44.: ;4,,44,1 I I 144
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239 Regular Session, July 6, 1993
response. A notice shall be permanently
posted on the user's bulletin board or other
prominent place advising employees whom
to call in the event of an accidental
discharge. Employee shall insure that all
employees who may cause or suffer such an
accidental discharge to actor are advised of
the emergency nofification procedure.
(g) Notice of Potential Problems,
Including Slug Loadings All categorical and
non -categorical industrial users shall notify
the POTW imnrdiately of all discharges that
could cause problems to the POTW,
including any slug loadings, as defined in
403.5(6) of the Act, by the industrial user.
SECTION 44-103 FEES
(a) Purpose It is the purpose of this
section to provide for the recovery of costs
from users of the POTW for the
implemention of the program established
herein. The applicable charges and fees
shall be set forth in the City's Schedule of
Charges and Fees.
Scheduof Ch es and Fees The
CitSrr Schedule of
l : 1 i :: ' f-- i h may
include:
(1) Fees for reimbursement of costs of
setting up and operating the Industrial
Pretreatment Program.
(2) Fees for monitoring, inspections and
surveillance procedures.
(3) Fees for reviewing accidental
discharge procedures.
(4) Fees for permit applications and
renewals.
(5) Fees for filing appeals.
(6) Fees for the consistent removal (by
the POTW) of pollutants otherwise subject to
Federal Pretreatment Standards.
(7) Other fees as the City may deem
necessary to carry out the requirements
contained herein. These fees relate solely to
the matters covered by this Division and are
separate from all other fees chargeable by
the City.
FEE STRUCTURE
(1) A general pretreatment administration
fee shall be assessed each Wastewater
Discharge Permit Holder in the amount of
$0.018 per. 100 cubic feet of wastewater
discharged into the POTW.
(2) Surveillance monitoring and sample
fees shall be assessed each Wastewater
Discharge Permit Holder in the amount of
$3.00 for each sample collected
(3) Laboratory testing fees shall be
assessed on actual expenses incurred for
each parameter tested in-house; and actual
expenses incurred plus 10 percent for each
parameter tested by outside laboratories.
(4) Fees for investigating incidents of
program noncompliance or accidental spills
shall be based on tint actually expended at
$35.00 per hour.
(5) A Wastewater Discharge Permit
Application Fee shall be assessed each
request far a Wastewater Discharge Permit in
the amount of $100.00. Wastewater
Discharge Permit Application Renewals shall
be assessed each request in the amount of
$50.00. An additional fee of $100.00 per
month shall be assessed for each month past
the due date of permit renewal.
(6) An appeal filing fee of $250.00 shall
be assessed at the time of appeal.
(7) Any person who discharges toxic
substances or effluent into the POTW which
exceed discharge limitations shall pay the
City a fee equal to any fine, fee or penalty
imposed upon the City by any Federal or
Star agency.
(8) Fees for the consistent removal (by
the POTW) of pollutants otherwise subject to
Federal Pretreatment Standards shall be
assessed by additional treatment contracts
negotiated between the City and the
Wastewater Discharge Permit Applicant
SECTION 44-104 ADMINISTRATION
(,) Wn: ' i_:: It be
unlawful for any significant industrial user to
discharge without a permit issued by the City
to any natural outlet within the: City, or in
any area under the jurisdiction of the City,
and/or to the POTW any wastewater except
as authorized by the City Manager in
accordance with the provisions of this
Division.
(b) Wastewater Discharge Permits All
significant industrial users proposing to
connect to or contribute to the POTW shall
obtain a Wastewater Discharge Permit before
connecting to or contributing to the POTW.
All existing significant industrial users
connected to or contributing to the POTW
shall obtain a Wastewater Discharge Permit
within 180 consecutive calendar days after
the effective date of this Division.
Users required to obtain a Wastewater
Discharge Permit shall complete and file
with the City Manager an application in the
form prescribed by the City and
accompanied by a fee of $100.00. Existing
users shall apply for a Wastewater Discharge
Permit within 90 consecutive days after the
effective date of this Division, and proposed
new users shall apply at least 90 consecutive
calendar days prior to connecting to or
contributing to the POTW. In support of the
application, the user shall submit, in units
and terns appropriate for evaluation, the
following information:
(1) Name, address and location (if
different from the mailing address;
(2) SIC number according to the
Standard Industrial Classification Manual,
Bureau of the Budget, 1972, as amended;
Regular Session, July 6, 1993
(3) Wastewater constituents and
characteristics including but not limited to
those mentioned in Section 2 of this
Division. Sampling and analysis shall be
performed in accordance with procedures
established by the EPA pursuant to Section
304 of the Act and contained in 40 CFR,
Pan 136, as amended;
(4) Time and duration of contribution;
(5) Average daily and 15 minute peak
wastewater flow rates, including daily,
monthly and seasonal variations, if any;
(6) Site plans and details to show all
sewers, sewer connections and appurtenances
by size, location and elevation;
(7) Description of activities, facilities and
plant proteases on the premises including all
materials which are or could be discharged;
(8) Where known, the nature and
concentration of any pollutants in the
discharge which are limited by any City,
Sate or Federal Pretreatment Standards, and
a statement regarding whether or not the
Pretreatment Standards am being met on a
consistent basis and if not, whether
additional pretreatment is required for the
user to meet applicable Pretreatment
Standards; and
(9) If additional pretreatment will be
required to meet the Pretreatment Standards,
the shortest schedule by which the user will
provide such pretreatment
The following conditions shall apply to
this schedule:
1) The schedule shall contain increments
of progress in the form of dates for the
commencement and completion of major
events leading to the construction and
operation of additional pretreatment required
for the user to meet the applicable
Pretreatment Standards (e.g., hiring an
engineer, completing preliminary plans,
completing final plans, executing contract,
commencing construction, etc.);
2) The total lime shall nes exceed two
and one-half years; and
3) No later than 14 consecutive calendar
days following each date in the schedule and
the final day of compliance, the user shall
submit a written progress report to the City
Manager including, as a minimum, whether
or not the user complied with the increment
of progress to be met on such date, and if
not, the date on which the user expects to
comply with this increment of progress, the
reason for delay and the steps being taken by
the user to return construction to the
schedule established.
(10) Number of employees, and hours of
operation of plant and proposed or actual
hours of operation of the pretreatment
system.
240
(11) Any other information as may be
deemed necessary by the Qty to evaluate the
permit applicadon and to fulfill the
requnements for Baseline Monitoring
Reporting as given in 40 CFR 403.12(6).
The City will evaluate the data furnished by
the user and may require additional
information. Afta evaluation and
acceptance of die data furnished, the City
Manager may issue a Wastewater Discharge
Permit subject to tears and conditions
provided therein.
(c) Pmrtit.Modifiaions Within 90
consecutive calendar days of the
promulgation of a National Categorical
Pretreatment Standard, the Wastewater
Discharge Permit of users subject to such
standards shall be revised to require
compliance with such standard within the
time frame prescribed by such standard.
Where a user, subject to a National
Categorical Pretreatment Standard, has not
previously submitted an application for a
Wastewater Discharge Permit as required by
this section, the user shall apply for a
Wastewater Discharge Permit within 90
consecutive calendar days after the
promulgation of the applicable National
Categorical Pretreatment Standard. In
addition, the user with an existing
Wastewater Discharge Permit shall submit to
the City Manager within 90 consecutive
calendar days after the promulgation of an
applicable National Categorical Pretreatment
Standard the information required by
paragraphs (8) and (9) under subsection (b)
of this section.
(d) Permit Conditions Wastewater
Discharge Permits shall be expressly subject
to all provisions of this division and all other
applicable regulations, user charges and fees
established by the City. Permits may contain
the following:
(1) The unit charge or schedule of user
charges and fees for the wastewater to be
discharged into the POTW;
(2) Limits an the average and maximum
wastewater constituents and characteristics;
(3) Limits on average and maximum rate
and time of discharge or requirements for
Bow regulation and equalization;
(4) Requirements for installation and
maintenance of inspection and sampling
facilities;
(5) Compliance schedule;
(6) Requirements for submission of
technical reports or discharge reports (See
subsection (g) of this section);
(7) Requirements for notification of the
City for any new introduction of wastewater
constituents or any substantial change in the
volume or character of the wastewater
constituents being introduced into the
POTW;
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241 Regular Sasbn, July 6, 1993
(8) Requirements for notification of the
City for slug discharges:
(9) If 'styling by an Industrial User
indicates a violation, the user must notify the
City widdn 24 hours of becoming aware of
the violation. The user cast ahan =sample
and submit results of this sampling to the
City within 30 days; and
(10) Other conditions as deemed
appropriate by the City Manager to ensure
compliance with this Division.
(e) Pemit Duration Permits shall be
issued for a specified time period, not to
exceed three years. A permit may be issued
for a period less than ono year or may be
staled to expire on a specific date. The user
shall apply for pernitreissance a minimum
of 90 days prior to the atpiatlon of the
user's slating patch The tars and
conditions of the pernit may he subject to
modification by the City during the tern of
the pemit as limitations or requirements es
identified in Section 44-102 of this Division
are modified or other just cause exists. The
user shall be informed of any proposed
changes in his permit at (east 60 days prior
to the effective date of change. Any changes
or new conditions in the permit shall include
a reasonable time schedule for compliance.
(f) Permit Transfer Wastewater
Discharge Permits shall be issued to a
specific user for a specific operation. A
Wastewater Discharge Permit shall not be
reassigned, transferred or sold to a new
owner, new user, different promises or new
or changed operation without the approval of
the City.
(g) Reporting Requirements for Pemtlttee
Compliance Date Report Within 90 days
following the date for fuel compliance with
applicable Pretreatment Standards or, in the
case of a New Source, following
comae sent of the introduction of
wastewat into the POTW, any user subject
to Pretreatment Standards and Requirements
shall submit to the City Manager a report
indicating the nature and concentration of all
pollutants in the discharge from the regulated
process which are limited by Pretreatment
Standards and Requirements and the average
and maximum daily flow for these process
units in the user facility which are limited by
such Pretreatment Standards or
Requirements. The City Manager may allow
the submission of a Baseline Monitoring
Report which utilizes only historical data so
long as the data provides information
sufficient to deternine the need for industrial
pretreatment measures. This Baseline
Monitoring Report shall indicate the tint',
date, and place of sampling, and methods of
analysis, and shall certify that such sampling
and analysis is representative of normal work
cycles and expected pollutant discharges to
the POTW. These reports shall state
whether the applicable Pretreatment
Standards or Requirements are being met on
a consistent bads, and if not, what additlanal
operation and maintenance and/or
preteaunent is necessary to bring the user
into compliance with the applicable
Pretreatment Standards or Requirements.
Reports for compliance and/or baseline
monitoring shall be signed by an authorized
representative of the industrial user and
cerdfied by a qualified professional.
Periodic Compliance Reports
(1) Any significant industrial user,
including significant noncategorical users,
subject to a Pretreatment Standard, after the
compliance date of such Pretreatment
Standard, or, in the case of a New Source,
after camnencement of the discharge into
the POTW, shall submit to the City Manager
doting the months of .January and July,
unless required mom frequently in the
Pretreatment Standard or by the City
Manager, a semi-annual report indicating the
nature and concentration, of pollutants in the
effluent which are limited by such
Pretreatment Standards. In addition, this
report shall include a record of measured or
estimated average and maximum daily flows
for the reporting period. At the discretion of
the City Manager and in consideration of
such factors as local high or low flow rates,
holidays, budget cycles, etc., the City
Manager may agree to alter the months
during which the above reports are to be
submitted. All reports for periodic
compliance must be signed by an authorized
representative of the industrial user and
certified by a qualified professional.
(2) The City Manager may impose mass
limitations on Users which are using dilution
to meet applicable Pretreatment Standards or
Requirements, or in other cases where the
imposition of mass limitations are
appropriate. In such cases, the report
required by this section of the Division shall
include the mass of pollutants regulated by
Pretreatment Standards in the effluent of the
user. These reports shall contain the results
of sampling and analysis of the discharge,
including the flow and the nature and
concentration, or production and mass where
requested by theCity Manager, of pollutants
contained therein which are limited by the
applicable Pretreatment Standards. The
frequency of monitoring shall be prescribed
in the applicable Pretreatment Standard. All
analysis and sampling shall be performed in
accordance with procedures established by
the Administrator pursuant to section 304(g)
of the Act and contained in 40 CFR, Part
136 and amendments thereto or with any
other test procedures approved by the
Adninistator. Sampling shall be performed
Regular Seabn, July 6, 1993
242
in accordance with the techniques approved
by the Administrator. When 40 CFR, Part
136 does not include a sampling or
analytical technique for the pollutant in
question, sampling and analysis shall be
petfotrned in accordance with the procedures
set forth in the EPA publication, Sampling
and Analytical Procedures for Screening of
Industrial Effluents for Priority Pollutants,
April, 1977, and amendments thereto, or
with any other sampling and analytical
procedures approved by the Admlmstrator.
(h) Record Keeping Requirements Any
user subject torepordng
dlbnements
established in this Division shallbe required
to retain for a minimum of three years, any
records of monitoring activities and results
and shall make such records available for
inspection and copying by the EPA,
Approval Authority, and Control Authority
(City Manager). This period of retention
shall be extended during the course of any
unresolved litigation regarding the industrial
user or POTW, or when requested by the
ERA or Approval Authority.
(i) Monitoring Facilities The City shall
require to be provided and shall operate at
the user's own expense, monitoring facilities
to allow inspection, sampling and flow
measurement of the user's wastewater
discharge. The monitoring facility will
normally be situated on the user's premises,
but the City may, when such a location
would be impractical or cause undue
hardship on the user, allow the facility to be
constructed in the public right-of-way and
located such that it will not be obstructed.
These shall be ample room in such sampling
manhole or facility to allow arcuate
sampling and preparation of samples for
analysis. The facility sampling and
measurement equipment shall be operated
and maintained by the City at the full
expense of the owner. Sampling and data
recovery shall be provided by the City for
ultimate use in determining compliance or
noncompliance with the program. Whether
constructed on public or private property, the
sampling and monitoring facilities shall be
provided in full accordance with the
requirements of the City Manager and all
applicable local standards and specifications.
Construction of required monitoring facilities
shall be completed within 180 consecutive
calendar days following written notification
from the City Manager.
(j) Inspection and Sampling, The Qty
shall inspect the facilities of any user to
ascertain whether the purpose of this
Division is being met and all requirements
are being complied with. Persons or
occupants of premises where wastewater is
discharged shall allow the City, or their
representative, ready access at all reasonable
tines to all parts of the premises for the
purpose of inspection, sampling, records
examination and copying or in the
performance of any of their dudes. The
City, State and EPA shall have the right to
set up on the user's property such devices as
are necessary to conduct sampling
inspection, compliance monitoring and/or
metering operations. Where a user has
security in face which would require proper
identification and clearance before entry into
the pianism, the user shall make necessary
arrangements with the security guards so that
upon presentation of suitable identification,
personnel from the City, State and EPA will
be permitted to enter, without delay, for the
purpose of performing their specific
responsibilities.
(k) Pretreatment Users shall provide
necessary wastewater ueatment as required
to comply with this Division and shall
achieve compliance with all Federal
Categorical Pretreatment Standards within
the time limiadons as specified by the
Federal Pretreatment Regulations. Any
facilities required to pretreat wastewater to a
level acceptable to the City shall be
provided, operated and maintained at the
user's expense. Detailed plans showing the
pretreatment facilities and operating
procedures shall be submitted to the City
Manager for review and shall be acceptable
to the City before construction of the facility.
The review of such plans and operating
procedures will in no way relieve the user
from the responsibility of modifying the
facility as necessary to produce an effluent
acceptable to the City under the provisions
of this Division. Any subsequent changes in
the pretreatment facilities or method of
operation shall be reported to and be
acceptable to the City prior to the user's
initiation of the changes. All recomis
relating to compliance with Pretreatment
Standards shall be made available to officials
of the City, State and EPA upon request.
(1) Confidential Information Information
and data on a user obtained from reports,
questionnaires, permit applications, permits
and monitoring programs and from
inspections shall be available to the public or
other governmental agency without
restriction unless the user specifically
requests and is able todemonstrateto the
satisfaction of the City that the release of
such information would divulge information,
processes, or methods of production entitled
to protection as trade secrets of the user.
When requested by a person furnishing a
=pod, the portions of a report which might
disclose trade secrets or secret processes
shall not be made available for inspection by
the public but shall be made available
immediately upon request to governmental
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243 Regular Session, July 6, 1993
agenda for uses related to this Division; the
National Pollutant Discharge Elimination
System (NPDES) perp it, or the Retreatment
Program; provided however, that such
portions of the tepasrt shall be available for
use by the State or any State agency in
judicial review or enforcement proceedings
involving the person furnishing die report
Wastewater constituents and characteristics
and ashes "effluent data" as defined by 40
CFR Par 403 will not be recognized as
confhdentalinfomation and will be available
to the public without restriction. (m)
Publication of Industrial Users in Significant
Noncompliance The City shall publish at
least annually, in the largest daily newspaper
published in the municipality, a list of the
industrial users which, at any time during the
previous 12 months, were in significant
noncompliance with applicable pretreatment
standards and requirements. The team
significant noncompliance shall mean:
(1) Chronic violation of wastewater
discharge limits, defined here as those in
which sixty-six percent (66%) or more of the
wastewater measurements taken during a 6 -
month period exceed the daily maximum
lintit or average limit far the same pollutant
parameter by any amount
(2) Technical Review Criteria (TRC)
violations, defined here as those in which
thirty-three percent (33%) or more of
wastewater measurements taken for each
pollutant parameter during a six month
period equals or exceeds the product of the
daily maximum limit or the average limit
multiplied,Ithe applicable criteria (1.4 for
BOD, TSS,I'as, oils and grease, and 1.2 for
all other pollutants except p11);
(3) Any other discharge violation that the
City believes has caused, alone or in
combination with other discharges,
interference or pass through (including
endangering the health of Qty personnel or
the general public);
(4) Any discharge of pollutants that has
caused imminent endangement to the public
or to the environment, or resulted in the
City's exercise of its emergency authority to
halt or prevent such a discharge;
(5) Failure to meet within 90 days of the
scheduled date, a compliance schedule
milestone contained in a wastewater
discharge permit or enforcement order for
starting construction, completing
construction, or attaining final compliance;
(6) Failure to provide within 30 days after
the due date, any required reports, including
baseline monitoring reports, 90 day
compliance reports, periodic self-monitoring
reports, and reports on compliance with a
congdiance schedule;
(7) Failure to accurately report
noncompliance; and
(8) My other violation or group of
violations which the City deternenea will
adversely affect the operation or
implementation of the local pretreatment
(n Wastewater Survey When required
by the City all industrial users must submit
information on die nature and characteristics
of their wastewater by a wastewater survey
prior to commencing discharge. The City is
authorized to prepare a form for this purpose
and may periodically require industrial users
to update the survey. Failure to complete this
survey shall be reasonable grounds for
tentinating service to the industrial user and
shall be considered a violation of the
ordinance.
(o) Report of Changed Conditions Each
industrial userisrequired to promptly notify
the Qty in advance of any planned
significant changes to the industrial user's
operation or system which might alter the
nature, quality or volume of its wastewater.
(1) The City may require the industrial
user to submit such information as may be
deemed necessary to evaluate the changed
condition, including the submission of a
wastewater discharge permit application.
(2) The City may issue a wastewater
permit or modify an existing permit
(3) No industrial user shall implement
the planned changed condition(s) until and
unless the City has responded to the
industrial user's notice.
(4) For purposes of this requirement,
Row increases of ten percent (10%) or
greater, and the discharge of any previously
untepored pollutes, shall be deemed
significant
(p) Notification of the Discharge of
Hazardous Waste (1) Any industrial user
who commences the discharge of hazardous
waste shall notify the POTW, the EPA
Regional Waste Management Division
Director, and the State hazardous waste
autatities in writing of any discharge into
the POTW of a substance which, if
otherwise disposed of, would be a hazardous
waste under 40 CFR Par 261. Such
notification must include the name of the
hazardous waste as set forth in 40 CFR Part
261, the EPA hazardous waste number, and
the type of discharge (continuous, batch, or
other). If the industrial user discharges more
than 10 kilograms of such waste per calendar
month to the POTW, the notification shall
also contain the following information to
extent such information is known and readily
available to the industrial user: an
identification of the hazardous constituents
contained in the waste, an estimation of the
mass and concentration of such constituents
contained in the waste stream discharged
during the calendar month, and an estimation
Regular Session, July 6, 1993
244
of the nus of constituents in the waste
stream expected to be discharged during the
following twelve (12) months. MI
notifications must take place no later the 180
days after thedischarge commenced Any
notification under this paragraph need be
submitted only once for each hazardous
waste discharged. The notification
requirement in this section does not apply to
pollutants already repotted under the self-
monitoring requirements.
(2) Discharges are exempt from the
requirements of paragraph (1) of this section
during a calendar month in which they
discharge no more than fifteen (15)
Idlogranm of hazardous mutes, unless the
wastes are acute hazardous wastes as
specified in 40 CFR 261.30(d) and
261.33(e). Discharge of more than fifteen
(15) kilogram of non-acute hazardous
wastes in a calendar month or of any
quantity of acute hazardous wastes as
specified in 40 CFR 261.30(d) and
261.33(e), requires a one-time notification.
Subsequent months during which the
industrial user discharges more than such
quantities of any hazardous waste do not
require additional ratification.
(3) In the case of any new regulations
under Section 3001 of RCRA identifying
additional characteristics of hazardous waste
or listing any additional substance as a
hazardous waste, the industrial user must
notify the POTW, the EPA Regional Waste
Management Waste Division Director, and
the State hazardous waste authorities of the
discharge of such substance within 90 days
of the effective date of such regulations.
(4) In the case of any notification made
under this section, the industrial user shall
certify that it has a program in place to
reduce the volume and toxicity of hazardous
wastes generated to the degree it has
determined to be economically practical.
SECTION 44-105 ENFORCEMENT
(a) Harmful Contributions The City may
suspend the wastewater treatment service and
Wastewater Discharge Permit when such
suspension is necessary, in the opinion of the
City Manager, in order to stop an actual or
threatened discharge which presents or may
present an imminent or substantial
endangerment to the health or welfare of
persons, to the environment, causes or may
cause interference to the POTW or causes or
may cause the City to violate any condition
of its NPDES Permit. Any person notified
of a suspension of the wastewater treatment
service and/or Wastewater Discharge Permit
shall immediately stop or eliminate the
discharge. In the event of a failure of the
person to comply voluntarily with the
suspension order, the City shall take such
steps as deemed necessary, including
immediate severance of the sewer connection
to prevent or nininize damage to the POTW
or endmgernent to any individual. The City
shall reinstate the wastewater treatment
service and/or Wastewater Discharge Permit
upon proof of elimination of the
noncomplying discharge. A detailed written
statement submitted by the user describing
the causes of die harmful discharge and the
measures taken to prevent any future
occurrence shall be submitted to the City
Manager within 15 consecutive calendar
days of the date of the occurrence.
(b) Revocation of Pemtit Any user who
violates the following conditions of this
Division, or applicable State and Federal
regulations, is subject to having the
Wastewater Discharge Pends revoked in
accordance with theproceduresestablished
in this Division:
(1) Failure of a user to factually report the
wastewater constituents and characteristics of
his discharge;
(2) Failure of a user to report significant
changes in operations, or wastewater
constituents and characteristics of his
discharge;
(3) Refusal of reasonable access to a
user's premises fa the purposes of
inspecting and monitoring; and
(4) Violation of conditions of the
Wastewater Discharge Permit.
(c) Notification of Violation Whenever
the City finds that any user has violated or is
violating this Division, Wastewater
Discharge Permit, or any prohibition or
limitation
of requirements contained herein, the City
shall serve upon such user a written notice
stating the nature of the violation. Within
ten days of the date of the notice, a plan for
the satisfactory correction thereof shall be
submitted to the City Manager by the user.
(d) Show Cause Hearing The City may
order any user who causes or allows an
unauthorized discharge to enter the POTW to
show cause before the City Council why the
proposed enforcement action should not be
taken. A notice shall he served on the user
specifying the time and place of a hearing to
be held by the City Council regarding the
violation, the reasons why the action is to be
taken, the proposed enforcement action and
directing the user to show cause before the
City Council why the proposed enforcement
action should not be taken. The notice of
the heating shall be served by registered or
certified nail (return receipt requested) at
least seven days before the hearing. Service
may be made on any agent or officer of the
user. The City Council may itself conduct
the hearing and take the evidence, or may
designate the City Manager to:
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245
Regular Sassbn, July 6, 1993
(1) Issue in the named the City Council
notices of hearing authorizing the attendance
and testimony of witneuea and the
psaducdon of evidence relevant to any
matter involved in such hearings;
(2) Take the evidence; and
(3) Transmit a report of the evidence and
hearing, including transcripts and other
evidence, together with recommendations to
the Qty Council for action thereon. At any
hearing hell pursuant to this Division,
teatimony taken shall be under oath and
recorded stenographically. The transcript, so
recorded, will be made available to any
member of the public or any party to the
hawing upon payment of areasonable charge
thereof. After the Qty Council has reviewed
the evidence, it may issue an order to the
user reaponsibte for the discharge directing.
that, following • specified time period not to
exceed 30 consecutive calendardays, the
sewer service be discontinued unless and
until adequate treatment facilities, devices or
other related appurtenances shall have been
installed or properly operated. Further
orders d
and
appropriate may directives
be issued. (e) Legal
Whenever a user has violated a pretreatment
standard or requirement or continues to
violate the provisions of this ordinance,
wastewater discharge permits or orders
issued hereunder , or any other pretreatment
requirement, the Qty may commenceand/or
action for the appropriatelegal
equitable relief.
SECTION 44-106 PENALTY: COSTS
(a) Civil Penalties Any user who is found
to have violated an order of the City Council
or who willfully or negligendy fails to
comply with any provision of this Division,
and the orders, rules, regulations and pemdts
issued hereunder, shall be fined not less than
one hundred dollars (5100.00) nor more than
one thousand dollars ($1000.00) for each
offense. Each day on which a violation shall
occur or continue shall be deemed a separate
and distinct offense. In addition to the
penalties provided herein, the City may
recover reasonable attorney's fees, court
costs, court recorders' fees, and other
expenses of litigation by appropriate suit at
law against the person found to have
violated this division a. -the orders, rules,
regulations and permits issued hereunder.
(b) Falsifying Information It shall be
unlawful for any person to knowingly make
any false statements, representation or
certification in any application, record,
report, plan or other document files or
requirel. pursuant to this Division, or
Wastewater Discharge Permit, a to falsify.
tamper with or knowingly render inaccurate
any monitoring device a method required
pursuant to this Division.
(c) Judicial review Any person aggrieved
by any decision, action or order undo this
division may appeal to the district court in
and for Dubuque County. Any such appeal
shall be commenced within (30) days
subsequent to such decision, action. or order
being rendered.
Section 3. This Ordinance shall take
effect on August 15, 1993.
PASSED, APPROVED AND ADOPTED
this 6th day of July. 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
Qty Clerk
Published officially in the Telegraph
Herald newspaper this 13th day of August,
1993.
Mary A. Davis CMC
It 8/13 City Clerk
Council Member Voetberg moved that
this be considered the first reading of the
Ordinance, and that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be finally
adopted be suspended and further moved
final adoption of the Ordinance. Seconded
by Council Member Kluesner. Carried by
the following vote: Yeas—Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
An Ordinance Amending the Code of
Ordinances by deleting parts of Nath
Grandview Avenue frau subsection (d) of
Section 32-262 thereof providing for the
prohibiting of Parking on Grandview
Avenue. North, north side, frau Audubon
Street to Clarke Drive; both sides, from
Kaufmann Avenue to a point approximately
800 feet south of Kaufmann Avenue, fust
reading given on 6-7-93 and second reading
given on 6-21-93, presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 39-93
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
BY DELETING PARTS OF
NORTH GRANDVIEW AVENUE
FROM SUBSECTION (d) OF
SECTION 32-262 THEREOF
PROVIDING FOR THE
PROHDIITING OF PARKING
NOW. THEREFORE, BE 1T ORDAINED
BY THE QTY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Regular Session, July 6, 1993
246
Section 1. That the Code of Ordinances
of the Qty of Dubuque, Iowa be amended
by deleting Nath Grandview Avenue from
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
designated
rrr
Grandview Avenue, North, north side,
from Audubon Street to Clarke Drive;
west ride, from Clarke Drive to West
Thirty -Second Street
Section 2. That the Code of Ordinances
of the Qty of Dubuque, Iowa be amended
by adding North Grandview Avenue 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
designated
sr*.
Grandview Avenue, Nath, north side,
from Audubon Street to Clarke Drive;
both sides, from Kaufmann Avenue to a
point approximately eight hundred (800)
feet south of Kaufmann Avenue
Passed, approved and adopted this 6th day
of July, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 14th day of July,
1993.
Mary A. Davis CMC
1t 7/14 City Clerk
Council Member Kluesner moved final
adoption of the Ordinance. Seconded by
Council Member Krieg. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Kluesner, Krieg, Robbins,
Voetberg. Nays—Council Members Nagle,
Nicholson.
Communication of City Manager
recommending amending the current
Ordinance requiring permits for use of streets
and public places thus centralizing the
process in the City Manager's office and
creating standards for issuance of permits,
presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Nagle. Carried by the following
vote: Yeas—Mayor Brady, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Vcetberg. Nays—None.
An Ordinance Amending the City Code
by repealing Section 33-21 relating to
Permits for Gathaiagz, Parades or Marches
upon the Street or Public Places and
adopting a new Section 33-21; by adopting
a new Section 33-21.1, providing for the
Permit Application; by adopting new Section
33-2L2, setting forth the contents of the
Application farm for a Permit by adopting
new Section 33-2L3, establishing the
Standards for issuance of a Permit and
adapting • new Section 33-21.4, providing
for the revocation of a permit upon certain
conditions; by repealing Section 34-68(a)
relating to meetings in Parks or Parkways
and by renumbering Section 34-68(b) as
Section 34-68(a), presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 40-93
AN ORDINANCE AMENDING
THE CITY OF DUBUQUE CODE
OF ORDINANCES BY
REPEALING SECTION 33-21,
RELATING TO PERMITS FOR
GATHERINGS, PARADES OR
MARCHES UPON THE STREETS
OR PUBLIC PLACES AND
ADOPTING IN LIEU THEREOF A
NEW SECTION 33.21,
REQUIRING A PERMIT FOR
GATHERINGS, PARADES OR
MARCHES UPON THE STREETS
OR PUBLIC PLACES OF TIIE
CITY; BY ADOPTING NEW
SECTION 33-21.1, PROVIDING
FOR THE PERMIT
APPLICATION; BY ADOPTING
NEW SECTION 33-21.2, SETTING
FORTH THE CONTENTS OF THE
APPLICATION FORM FOR A
PERMIT; BY ADOPTING NEW
SECTION 33-213, ESTABLISHING
THE STANDARDS FOR THE
ISSUANCE OF A PERMIT BY
THE CITY MANAGER; BY
ADOPTING NEW SECTION 33-
214 PROVIDING FOR THE
REVOCATION OF A PERMIT
UPON CERTAIN CONDITIONS;
BY REPEALING SECTION 34-
68(a), RELATING TO MEETINGS
IN PARKS OR PARKWAYS; AND
BY RENUMBERING SECTION 34-
68(b) AS SECTION 34-68(a).
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE. IOWA:
Section 1. Section 33-21 of the City of
Dubuque Code of Ordinances is hereby
repealed, and the following new Section 33-
21 is hereby adopted:
I' pipollV, 1IIkP lief' t:.
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247 Regular Session, July 6, 1993
1
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Before any group of persons shall collect
or gather together or parade or march upon
the streets or public places of the city, they
shall first obtain a permit from the city
manager, which permit, when issued, shall
be without charge, and shall state the time,
manna and conditions of such touch, parade
Of assembly.
Section 2. The following new Sections
33-21.1 through 33-21.4 are hereby adopted:
Section 33-21.1. Permit Application.
(a) An application for a permit
containing the information required herein
shall be filed with the city manager by any
group desiring to use any sheet a pudic
place as provided in this article.
Applications shall be made on fans
prepared by the city manager, and shall
contain the information required herein. The
city manager shall have a reasonable time to
grantor deny the permit The length of time
that is reasonable shall be determined by the
type of use requested; the information
supplied; the time of filing of the
application; and the extent of advance
preparation or planting demonstrated and
reasonably required.
(b) The city manager shall grant or deny
the permit, in writing, according to the
standards set forth in section 33-21.2 herein
and shall provide the written decision to the
applicant by regular mail or by personal
delivery.
Section 33-21.2. Application Form.
(a) The application form for the use of
any street or public place shall contain the
following information:
(1) Name and address of the applicant
and the sponsoring organization. if any.
(2) The type of event that is planned.
(3) Proposed location or locations.
(4) Expected size of group.
(5) Date, time and expected length of the
WO.
(6) Names and addresses of the person or
persons to be in charge of the proposed use
at the specified location.
(7) Names andaddressesof any persons
to be featured as entertainers a speakers.
(8) List of mechanical or electronic
equipment to be used.
(9) Number and type of any motor
vehicles or other forms of transportation to
be used, including bicycles.
(10) Number and type of any animals to
be used
(11) A description of any sound
amppifiadons to be used.
(12) Proposed monitoring of the group,
includingthe number of people who will set
up and clean up.
(b) The application shell include an
agreement pursuant to which the applicant
shall agree to indemnify, defend and save
harmless the Qty of Dubuque and its agents,
officers and employees, from any and all
claims, lawsuits, damages, losses and
expense, of whatever nature, which may
result from a arise from the activity or event
covered by the permit, irrespective of
whether said claims are frivolous or
meritorious.
Section 33-213. Standards for Issuance.
The city manager shall exanine the
application, and shall grant err deny said
pemit based upon the following standards:
(a) In light of the date and time of said
proposed use, whether the use will
unreasonably interfere with the privacy,
safety, security, convenience and tranquility
of the residents or inhabitants of the area.
(b) Whether the proposed street or public
place can accommodate the group or use,
based both on group size and on health and
sanitation facilities, whether available or to
be provided by applicant.
(c) Whether the proposed use or activity
is compatible with the normal activity of the
street or public place at the requested time or
date.
(d) Whether the application demonstrates
the applicant has the means, planning and
coordination to hold the proposed event,
considering the time of day, location, public
facilities available, traffic control, parking
requirements and any monitoring required to
protect the public health and safety.
(e) Whether the event will interfere with
another event for which a permit has already
been granted.
(f) Whether the proposed use would
substantially interrupt the flow of street
ander pedestrian traffic.
(g) Whether the use would require the
excessive diversion of police from other
duties, or substantially interfere with the
city's fire fighting operations.
Section 33-21.4. Revocation.
After a permit is granted, in the event it is
determined that the applicant has misstated
any material fact in the application, or that
there is a substantial and material variance
between the information in the application
and the actual facts or those facts that appear
reasonably to have occurred, the city
manager may review such application and
revoke such permit if not in compliance with
this Ordinance. Such permit may also be
revoked when it is determined by the chief
of police that by reason of disaster, public
calamity, riot or other emergency, the public
safety requires such revocation.
Section 3. Section 34-68 of the City of
Dubuque Code of Ordinances is hereby
amended by repealing paragraph (a) and by
renumbering paragraph (b) as paragraph (a).
Regular Sessbn, July 6, 1993
248
Passed, approved and adapted this 6th day
of July, 1993.
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 15th day of July,
1991
Mary A. Davis CMC
It 7/15 City Clerk
Council Member Voetberg moved that
this be considered the first reading of the
Ordinance, and that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be finally
adopted be suspended and further moved
final adoption of the Ordinance. Seconded
by Council Member Nagle. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Kluesna, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Communication of City Manager
requesting approval of low interest loan
agreement for $100,000.00 fa Engineering
Data System (EDS) Expansion Project and
filing of a Community Economic Betterment
Account (CEBA) Application on behalf of
Engineering Data Systems Corporation,
presented and read. Council Member Krieg
moved that the communication be received
and filed. Seconded by Council Member
Nicholson. Carried by the folowing vote:
Yeas—Mayor Brady, Council Members
Kluane, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
James E. Brady
Mayor
RESOLUTION NO. 201-93
RESOLUTION AUTHORIZING
THE EXECUTION OF A
COMMUNITY DEVELOPMENT
BLOCK GRANT LOAN
AGREEMENT WITH
ENGINEERING DATA SYSTEMS
CORPORATION
Whereas, under provisions of Title I of
the Housing and Community Development
Act of 1974, as amended, the City of
Dubuque has received Community
Development Block Grant Funds for the
purpose of stimulating economic
development activities within the community;
and
Whereas, the City of Dubuque, Iowa
desires to assist Engineering Data Systems
Corporadon, a local computer software
development company, in its efforts to
expand its existing civil engineering, land
surveying and construction markets and to
create permanent employment opportunities
for low and moderate income citizens; and
Whereas, a Loan Agreement, a form of
which is hereto attached and by this
reference made a put hereof, is to be
executed by Engineering Data Systems
Corporation.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Mayor and City Clerk be
and they are hereby authorized and directed
to execute, on behalf of the City of
Dubuque, Iowa, an agreement awarding a
$100,000 loan to Engineering Data Systems
Corporation.
Section 2. That the Qty Manager be and
he is hereby authorized to disburse loan
funds from the Community Development
Block Grant entidenent fund in accordance
with the tear and conditions of the
executed Las Agreement
Passed, approved and adopted this 6th day
of July, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Krieg moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays --None.
RESOLUTION NO. 202.93
RESOLUTION AUTHORIZING
THE FILING OF A COMMUNITY
ECONOMIC BETTERMENT
ACCOUNT (CERA) APPLICATION
ON BEHALF OF ENGINEERING
DATA SYSTEMS CORPORATION
Whereas, Engineering Data Systems
Corporation, a local software development
company, has proposed the expansion of its
existing operations through the creation of
new product lines; and
Whereas, the Qty Council of Dubuque,
Iowa has considered said proposal and has
determined that the proposed project will
contribute to the local economy through the
creation of jobs for area residents; and
Whereas, the Iowa Department of
Economic Development's Community
Ecawmic Betterment Account (CEBA) was
designed to assist in the economic
development efforts of local jurisdictions;
and
Whereas, the Qty of Dubuque, Iowa is
eligible to apply for funding from the
Community Economic Bettenr ant Account
ret
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249
Regular Session, July 6, 1993
program r defined in Have Rio 225, Acts
of the 71st General Assembly.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Tat the filing of an
application for participation in the Iowa
Community Ecanomie Betterment Account
program in behalf of Engineering Data
Systems Corporation is approved.
Section 2. that the Mayor is hereby
authorized to execute and submit said
application to the State of Iowa Econonic
Development Camnission together with such
documents as may be required.
Passed, approved and adopted this 6th day
of July, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Krieg moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the
following vote: Yeas—Mayor Brady.
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Communication of Attorney Tom McKay,.
on behalf of FDL Foods, Inc.- recreating
approval of a Subordination Agreement,
presented and read Council Member Nagle
moved that the communicatlan be received
and filed. Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Kluesnez, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
RESOLUTION NO. 203-93
RESOLUTION AUTHORIZING
AND DIRECTING THE MAYOR
TO EXECUTE A
SUBORDINATION AGREEMENT
WITH, DUBUQUE FOODS, INC.
AND ROCHELLE FOODS, INC.
Whereas, the City of Dubuque, Iowa, and
the U.S. Department of Housing. and. Urban
Development have heretofore entered into a
Grant Agreement for an Urban Development
Action Grant, the proceeds of which were
loaned to FDL Foods, Inc. for its Renovation
and Capital Improvement Project and
Whereas. the Security Agreement entered
into by and between the City of Dubuque,
Iowa, Secured Party, and FDL Foods, Inc.,
Debtor, dated December 6, 1982, provides in
Paragraph 5(c) that upon written request of
Debtor from time to time, the Secured Party
agrees to subordinate, by appropriate
documentation, its security interest in certain
collateral, particularly inventory and accounts
receivable, to a bank or other futnncid
institution or financial entity for the purpose
of seaming repayment of money borrowed
by Debtor for operating capital under its
revolving lines of credit; and
Whereas, FDL Foods, Inc., has made
written application to the City of Dubuque,
Iowa, fir a subordination to Dubuque Foods,
Inc. and Rochelle Foods, Inc. as Debtor's
revolving line of credit lenders.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Mayor of the City of
Dubuque, Iowa, be and he is hereby
authorized and directed to execute said
Subordination Agreement with Dubuque
Foods, Inc. and Rochelle Foods, Inc. on
behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk of the City
of Dubuque, Iowa be and she is hereby
authorized and directed to attest said
Subordination Agreement, and, upon
execution, to deliver the original thereof to
FDL Foods, Inc. for submission to Dubuque
Foods, Inc. and Rochelle Foods, Inc.
Passed, approved and adopted this 61h day
of July, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Nagle moved adoption
of the Resolution. Seconded by Council
Member Voetberg. Carried by the following
vote: Yeas—Mayor Brady, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None.
RESOLUTION NO. 204-93
NOW, THEREFORE, BE 1'!' RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the following having complied with
the provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa,
be granted a permit to sell Cigarettes and
Cigarette Papers within said City.
The Clubhouse Wayne J. Kramer
2364 Washington St.
Oky-Doky # 8 Hill Street Plaza Inc.
535 Hill St.
Quick Clean Laundry Carroll C. Clark
1313 Dodge St.
Reliable Drugstore 5209
Reliable Drugstore, Inc.
3049 Asbury Rd.
Sfikas Restaurant Grandma's Pantry, Inc.
401 Central
Regular Session, July 6, 1993
Venture Store #27
FW Woolworth Co.
Bossy 'a
My -Cap
Cotner Tap
My -Cap
Lucky "13"
My -Cap
Mario's
My -Cap
Paul's Tap
My -Cap
West Dubuque Tap
My -Cap
Venture Store, Inc.
255 WK Rd.
XISQl✓ Woolworth Co.
Kennedy Mall
Judy Botsford
1027 Rhomberg
Pat Broessel
Washington St,
David Erickson
385 E. 13th St.
Angelina Bertolini
1298 Main St.
Thomas Koch
176 Locust St.
Donna Ginter
1701 Asbury Rd.
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Nagle. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
RESOLUTION NO. 205-93
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been
examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of this City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants
a Beer Permit
CLASS"B" BEER PERMIT
Dubuque Jaycees Special Event
Town Clock Plaza
CLASS "BE" BEER PERMIT
Family Beverage Center Dennis A. Althaus
3400 Central Ave.
CLASS "C" BEER PERMIT
Oky Doky X14 Kristina Chapman
1050 University
Passed, approved and adopted this 6th
day of July, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member IUuesner moved
adoption of the Resolution. Seconded by
Council Member Nagle. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholeat, Robbins, Voetberg. Nays—None.
RESOLUTION NO. 206.93
Whereas, applications for Liquor Licenses
have been submitted to this Council for
approval and the same have been examined
and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the State Law and all City
Ordinances relevant thereto and they have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants
a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Airport Inn Ethel K. Schwartz
574 E. 16th St.
Bridge Restaurant John Hall
31-35 Locust St.
Fischer Bowling Lane Plastic Center Inc.
880 Locust St
Knicker's Saloon Curtis L. Gerhard
2186 Central Ave.
CLASS "WE" WINE PERMIT
Basket Expressions Mildred M. Dotter
474 Bluff St.
Passed, approved and adopted this
6th day of July, 1993.
Attest:
Mary A. Davie
City Clerk
James E. Brady
Mayor
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Nagle. Canied by the
following vote: Yeas—Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Communication of City Manager
submitting an Ordinance with the proposed
Franchise Agreement with Peoples Natural
Gas and communication of Corporation
Counsel setting out a summary comparison
of the current and proposed Gas Franchise
Ordinances, presented and read Council
Member Krieg moved that the
communications be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote:
Yeas—Mayor Brady, Council Members
251
Regular Sessbn, July 6, 1993
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
An Ordinance Providing for 25 year
Franchise Agreement with Peoples Natural
Gas, presented and read. Council Member
Krieg 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 Ordinance at the
Council Meeting of 19th day of July,1993 at
7:30 p.m. in the Public Library Auditorium
Seconded by Council Member Voetberg.
Carried by the following vote:
Yeas—Maya Brady, Council Members
Kluesne, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
Communication of Zoning Commission
advising of their approval to reclassify Fted
and Regina Bissell property on Cedar Cross
Road from AG to PUD, with conditions,
presented and read. Council Member Krieg
moved that the communication be received
and fled. Seconded by Council Member
Nagle. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
An Ordinance amending Zoning
Ordinance by reclassifying Lot 4, John
George Subdivision on Cedar Cross Road
from AG Agricultural to PUD with PC
Planned Commercial designation for indoor
and outdoor tennis facilities and adopting a
Conceptual Development Plan, presented and
read. Council Member Krieg 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 Ordinance at
the Council Meeting of 19th day of July,
1993, 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 Nagle.
Carried by the following vote:
Yeas—Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
Communication of City Manager
requesting the City Council to approve of the
Sale of DREAMS Program Home at 464
Lores Boulevard to Greg and Melissa
Tuthill, presented and ted. Council
Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote:
Year—Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
RESOLUTION NO. 207-93
RESOLUTION OF INTENTION TO
DISPOSE OF CITY -OWNED
PROPERTY, SPECIFICALLY, THE
WEST ONE-HALF (W ) OF LOT
SIX (6), AND EAST TWO FEET
(E2')OF LOT SEVEN (7) IN A.L.
BROWN'S SUBDIVISION OF THE
NORTH EIGHTY-SIX FEET (N86')
OF OUT LOT SIX HUNDRED
SIXTY-SIX (666) AND
NORTHEAST PART OF OUT LOT
SIX HUNDRED EIGHTY-FIVE
(685), IN THE CITY OF
DUBUQUE, COUNTY OF
DUBUQUE, IOWA, ACCORDING
TO THE RECORDED PLAT
THEREOF.
Whereas, the City of Dubuque has
purchased certain real property for a fancily
participating in the DREAMS Program;
Whereas, the City has received an offer to
purchase this property from a qualifying
family; and
Whereas, by accepting the selected offer
the City's objectives of providing fust -time
homeownership to a lower-income buyer and
rehabilitation of an abandoned home can be
realized;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque,
Iowa, intends to dispose of its interest in the
following legally -described property:
The West One-half (W ) of Lot Six (6),
and East Two Feet (E2') of Lot Seven (7)
in A.L. Brown's Subdivision of the North
Eighty -Six Feet (N86') of Out Lot Six
Hundred Sixty -Six (686) and Northeast
(NE) part of Out Lot Six Hundred Eight -
Five (685), in the City of Dubuque,
County of Dubuque, Iowa, according to
the recorded plat thereof.
Section 2. That the City of Dubuque,
lowa, proposes to dispose of its interest in
the above described real estate to Greg J.
and Melissa N. Tuthill for the sum of $1.(A
Section 3. That the City Council meet in
the Carnegie Stout Public Library
Auditorium, Ilth and Bluff Streets,
Dubuque, Iowa, at 7:30 p.m. on the 19th of
July, 1993, for the purpose of holding a
public hearing and taking final action on the
Regular Sessbn, July 6, 1993
252
disposition of the above deacribed real estate
in the Qty of Dubuque, Iowa.
Section 4. That the City Clerk be and she
is hereby authorized and directed to cause a
notice of such public hearing and the City
Council's intent to dispose of such property
to be published as prescribed under Iowa
Code Section 364.7.
Passed, approved and adapted this 6th day
of July, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
Qty Clerk
Council Member Voetberg moved
adoption of the Resolution and further set it
for Public Hearing on July 19, 1993 at 7:30
p.m in the Public Library Auditorium and
that the Qty Clerk publish notice in the
manner prescribed by law. Seconded by
Council Member Kluesner. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Communication of City Manager
recommending the vacation of a portion of
Morgan St and Mt. Vernon Court Parkway
in response to a request from Thomas and
Connie Clark and setting the matter for
public Hearing on July 19, presented and
read. Council Member Voetberg moved that
the communication be received and faded.
Seconded by Council Member Nagle.
Carried by the following vote:
Yeas—Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
RESOLUTION NO. 208-93
RESOLUTION APPROVING PLAT
OF SURVEY OF MORGAN
STREET AND MOUNT VERNON
COURT PARKWAY
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa,
a plat dated June 18, 1993, prepared by
Wallace, Holland, Kasder, Schnitz and
Company of Dubuque, Iowa, describing the
proposed vacated portion of Morgan Street
and Mount Vernon Court parkway; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the plat dated June 18,
1993 prepared by Wallace, Holland, Kasder,
Schmitz and Company, relative to the real
estate hereinabove described be and the same
is hereby approved, and the Mayor and City
Clerk be and they are hereby authorized and
directed to execute said plat for an on behalf
of the Qty of Dubuque, Iowa.
Section 2. That the City Clerk be and is
hereby authorized and directed to file said
plat and cathled copy of this readudon in
the office of the Recorder, in and for
Dubuque County, Iowa.
Passed, approved and adopted this 6th day
of July, 1993.
Janna 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: Yeas—Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
An Ordinance Vacating the disposal and
Sale of a Portion of Morgan Street and
Mount Vernon Court Parkway, presented and
read. Council Member Voetberg moved that
this be considered the fust 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 Ordinance at
the Council Meeting of July 19, 1993 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 Nagle. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Vcetberg. Nays—None.
RESOLUTION NO. 209-93
RESOLUTION DISPOSING OF
CITY INTEREST IN LOT 29A IN
GRAND VIEW PARK IN THE
CITY OF DUBUQUE, IOWA
Whereas, Thomas W. & Connie S. Clark
have requested the vacating of a portion of
Morgan Street and Mount Vernon Court
Parkway; and
Whereas, Wallace, Holland Ranier,
Schmitz and Company of Dubuque, Iowa
have prepared and submitted to the City
Council a plat showing the vacated portion
of Morgan Street and Mount Vernon Court
Parkway and assigned lot numbers thereto,
which hereinafter shall be known and
described as Lot 29A and Lot 29B in Grand
View Park; in the City of Dubuque, Iowa;
and
1111 11D 110'1;Irlfr '111101
253 Regular Session, July 6, 1993
Whereas, the City Council of the Qty of
Dubuque, Iowa has determined that a portion
of Morgan Street and Mount Vernon Court
Parkway is so long required for public use,
and vacating and sale of mid potion of
Morgan Street and Mount Vernon Cant
Parkway known u Lot 29A in Grand View
Pa* in the City of Dubuque, Dubuque
County, Iowa should be approved.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque
intends to dispose of its interest in Int 29A
in Grand View Park in the City of Dubuque,
Iowa.
Section 2. That the conveyance of Lot
29A in Grand View Park in the City of
Dubuque, Iowa to Thomas W. & Connie S.
Clark be contingent upon the payment of
$197.00, plus publication and filing fees.
Section 3. That the City Clerk be and is
hereby authorized and directed to cause a
notice of intent to dispose of said real estate
to be published in the manner as prescribed
by law.
Passed, approved and adopted this 6th day
of July, 1993.
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: Yeas—Maya Brady,
Council Members Kluesna, Krieg, Nagle,
Nicholson, Robbins, Voetbag. Nays—None.
Communication of City Manager
responding to a U.S. West Communications,
Inc. request to grant Utility Easement at
3257 Sheridan and requesting that the
disposition of interest in the property be set
for public hearing, presented and read.
Council Member Voetberg roved that the
communication be received and Bled.
Seconded by Council Member Nagle.
Carried by the following vote:
Yeas—Mayor Brady, Council Members
Khania, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
RESOLUTION NO. 210-93
RESOLUTION OF INTENT TO
DISPOSE OF INTEREST IN REAL
PROPERTY BY GRANT OF
EASEMENT
Wherein, the City of Dubuque is owner of
3257 Sheridan Road, legally described as
Part of Lot 2-2-1-3-1-1-1-1 and Lot 2-1-1 of
Mineral Lot 324 and Lot 2-1-1-1-2-1-3-1-1-
1-1 and Lot 2-1-1 of Mineral Lot 324 in the
City of Dubuque, Iowa; and
Whereas, U.S. West Communications, Inc.
have requested a utility easement over and
acrou the property as described on the plat;
and
Whereas, the tams and conditions of this
easement agreement are sea forth in tie grant
of easement and plat prepared by IIW
Engineers & Surveyors, Inc. attached hereto,
and incorporated herein by reference; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that the
utility easement should be approved
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque
intends to execute a perpetual utility
easement across Part of Lot 2-2-1-3-1-1-1-1
and Lot 2-1-1 of Mineral Lot 324, and Lot
2-1.1-1-2-1-3-1-1-1-1 and Lot 2-1-1 of
Mineral Lot 324 in the City of Dubuque,
Iowa
Section 2. That the City Clerk is hereby
directed to publish notice of the date, time
and place of the Public Hearing an the
proposed sanitary sewer easement agreement.
Passed, approved and adopted this 6th day
of July, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution and further set it
for Public Hearing on July 19, 1993 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 Nagle. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
MINUTES SUBMITTED -- Cable TV
Regulatory Commission of 6-9; Community
Development Commission of 6-16; Electrical
Code Board of 6-21; Five Flags Commission
of 6-21; Investment Oversight Commission
of 5-25; Library Board of Trustees of 5-27;
Mechanical Board of 6-10; Zoning
Comr ission of 6-23; Zoning Board of
Adjustment of 6-24; Housing Code Appeals
Board of 6-15, presented and read. Council
Mamba Voetberg moved that the minutes be
received and faded. Seconded by Council
Member Robbins. Carried by the following
vote: Yeas—Mayor Brady, Council
Members Kluaner, Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None.
Regular Session, July 6, 1993
NOTICES OP CLAIMS/SUITS — James
Conzea in unknown amount for backup
sewer damages; Richard M. Cumpton in
amount of $926.40for vehicle damages;
Mary Lou Ehlert in amount of $50.00 for
backup sewer clean up costs; Joseph A. Ruff
in amount of $4,002.95 for sewer backup
losses; Anne M. Schnieder in unknown
amount for vehicle damages; Rick E. VonAh
in amount of 5222.54 for vehicle damages;
Carolyn Sue Wiederholt in amount of
$1075.98 for 'vehicle damages; Roy, Lana
and Crystal Retrain in undetermined
amount far personal injury; Jim S. Gras in
amount of $1132.00 for sewer backup lases;
Mary Lou Ehler in amount of $100.00 for
sewer backup clean-up costs; Jill Parker in
amt. of 555.07 for vehicle damage; Steven
A. Kramer & Bonnie L. Kamer in unknown
amt for personal injury; Mary Lou Ehlert in
amount of 5100 for sewer backup clean-up
costs, presented and read Council Member
Voetbeig moved that the claims and suits be
referred to the Legal Staff for investigation
and report. Seconded by Council Member
Robbins. Carred by the following vote:
Yeas—Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
Communications of Corporation Counsel
advising the following claims have been
referred to Crawford & Company, the agent
for the Iowa Communities Assurance Pool:
Car damage of Mary M. Burke; Car damage
of Jeffrey Gruber, Personal injury of Sister
Rita Clare McDonald, presented and read.
Council Member Voetberg moved that the
communications be received and filed.
Seconded by Council Member Robbins.
Carried by the following vote:
Yeas—Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetherg. Nays—None.
REFUND REQUESTED -- Chad Streff,
5422.50 on unexpired Liquor License,
presented and read. Council Member
Voetberg moved that the refunds be
approved and the Finance Director directed
to issue proper check. Seconded by Council
Member Robbins. Carried by the following
vote: Yeas—Mayor Brady, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None.
Petition of KDTH & KAT FM Radio
requesting to conduct a fireworks display on
July 3, 1994 from 9:00 p.m. to 10:30 p.m.,
and communication of City Manager
concerning the Fireworks Permits, presented
and read. Council Member Voetberg moved
that the petition of KDTH & KAT -FM be
refereed to the City Manager's office and the
communication of the Manager .be received
254
and Bled Seconded by Council Member
Robbins. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
Communication of City Manager
recommending acceptance of property from
Dale and Shirley Winning fu right-of-way
for Sidra' Ave. and subnitting a Resolution
approving the Plat of Survey of Lot 1 of 141
Julien Addft in the City, presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Robbins.
Carried by the following vote:
Yeas—Mayor Brady, Council Members
Kluesna, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
RESOLUTION NO. 211-93
RESOLUTION APPROVING PLAT
OF SURVEY OF LOT 1 OF LOT
141 JULIEN ADDITION IN THE
CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa,
a plat dated November 30, 1992, prepared by
the City of Dubuque Engineering Division,
describing Lot 1 of Lot 141 of Julien
Addition in the City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the plat dated November
30, 1992 prepared by the City of Dubuque
Engineering Division, relative to the real
estate hereinabove described be and the same
is hereby approved, and the Mayor and City
Clerk be and they are hereby authorized and
directed to execute said plat for and on
behalf of the City of Dubuque, Iowa.
Section 2. That the dedication of Lot 1-
141 of Julien Addition in the City of
Dubuque as appears on said plat, be and the
same is hereby accepted.
Section 3. That the City Clerk be and is
hereby authorized and directed to file said
plat and certified copy of this resolution in
the office of the Recorder, in and for
Dubuque County, Iowa.
Passed, approved and adopted this 6th day
of July, 1993.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
V1
t
&I
255
Regular Session, July 6, 1993
Council Member Voetberg moved
adaption of the Resolution. Seconded by
Council Member Robbins. Carried by the
following vote: Yeas—Maya Brady,
Council Members Kluesnes, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Communication of City Manager
requesting that the Mayor be authorized to
agree to waiving the 60 day comunemt period
concerning the Julien Dubuque Monument
National Historic Landmark designation,
presented and road. Council Member
Voetberg moved that the cormamication be
received and Bled and approved waiver of
comment period. Seconded by Council
Member Robbins. Carried by the following
vote: Yeas --Mayor Brady, Council
Mambas Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None.
United States Dept of the Interior
notifying that bite Juuen Dubuque Monument
property is being considered far National
Historic Landmark designation and
requesting possible waiving of right to a 60
day comment period, presented and read.
Council Member Voetberg moved that the
notification be received and filed. Seconded
by Council Member Robbins. Canned by the
following vote: Yeas—Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Communication of City Manager
submitting the Project Concern/Phone-A-
Friend Footer Grandparent Purchase of
Services Agreement and recormronding
approval, presented and read. Council
Member Voetberg moved that the
communication be received and fried and
Agreement approved. Seconded by Council
Member Robbins. Carried by the following
vote: Yeas—Mayor Brady, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None.
Communication of City Manager
submitting an Agreement for the
adndnistration of the HOME Renal
Rehabilitation Program and recammerdin
Council approval, presented and
Council Member Voetberg moved that
communication be received and filed and
Agreement approval. Seconded by Council
Member Robbin. Carried by the following
vote: Yeas—Mayor Brady. Council
Members Kluesner, Krieg. Nagle, Nicholson,
Robbins, Voetberg. Nays—None.
Communication of Public Housing
Division of HUD submitting audit report for
period ending 6-30=92 (Copy on file in City
Clerk's Office for public review), presented
and read. Council Member Voetberg moved
that the communication be received and
filed. Seconded by Council Member
Robbins Carried by the following vote:
Year—Mayor Brady, Council Members
Klueaner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
Iowa Dept. of Natural Resources,
Environmental Protection Division,
submitting the Wastewater Compliance
Suppling Eveluatlon Inspection for the
Dubuque Wastewater Treatment Plant,
presented and read. Council Member
Voetberg moved that the report be received
and filed. Seconded by Council Member
Robbins. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Klueener, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
There being no further business, Council
Member Voetberg moved to adjourn.
Seconded by Council Member Nicholson.
Carried by the following vote:
Yeas—Mayor Brady, Council Members
Klueaner, Krieg, Nagle, Nicholson, Robbins,
Voetbetg. Nays—None.
Meeting adjourned at 12:14 a.m. on July 7,
1993.
Approved
Mary A. Davis CMC
City Clerk
c. /
1994.
Adopted "� �-e 1 1994.
wie
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ayor
Ar
riar
7
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Council Members
Attest:
City Clerk
Board of Health, July 19, 1993
256
CITY OF DUBUQUE
BOARD OF HEALTH
QUARTERLY
MEETING
Quarterly Meeting, July 19, 1993
Board of Health met at 7:25 pm., Public
Library Auditorium
Present: Chairperson Brady, Board
Members Krieg, Nagle, Nicholson, Robbins,
Voetberg,.
Absent: Board Member Kluesner.
Chairperson Brady read the call and s
this is the Regula Quarterly Session of the
Board of Health called for the purpose to act
upon such business which may properly
come before the Board.
There was no business to come before the
Board of Health at this time.
Board Member Krieg moved to adjourn the
Mating. Seconded by Board Member
Voetberg. Carried by the following vote:
Yeas—Chairperson Brady, Board Members
Krieg, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Board Member
Kluesner.
Mary A. Davis CMC
City Clerk
Approve
Adopted
/ 1994.
994.
Attest:
Board of Health Members
-(12c.
seL /
,,tdrA44
Saxe
Board of Health
I'j,Ielali III lel ill 1 f `
257 Regular Session, July 19, 1993
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, July 19, 1993
Council Met at 7:30 p.m., Public Library
Auditorium
Present: Mayor Brady, Council Members
Krieg, Nagle, Nicholson, Robbins, Voetberg,
City Manager Michael Van Milligen,
Corporation Counsel Barry A. Lindahl.
Absent: Council Member Kluesner.
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 care before
the CounciL
Invocation was given by Father Thomas
Zinkula, Associate Pastor of St. Joseph's
Catholic Church.
Proclamation:- July 18 thru 24 as
"Meredith Willson Week" received by Dick
Landis.
Council Member Voetberg moved to
suspend the rules to allow anyone present to
address the Council if they so desire.
Seconded by Council Member Nagle.
Carried by the following vote: Yeas—Mayor
Brady, Council Members. Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Absent: Council Member Kluesner.
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to
consider reclassifying property located at
1598 McPoland Ave. from R-1 to C-1
District; Communication of Arthur F.
Winklehaus, requesting Council to change
rezoning; Petition (to Zoning Commission)
containing 49 signatures, objecting to the
rezoning of property at 1598 McPoland
Ave., and an Ordinance Amending Zoning
Ordinance by reclassifying property located
at 1598 McPoland Avenue front R-1 Single -
Family Residential District to C-1
Neighborhood Commercial District, first
reading only given by Council at meeting of
6-21-93), and verbal request at 4:50 p.m. on
July 19, 1993 from Attorney Bitter's office
withdrawing request to rezone, presented and
read. Council Member Voetberg moved to
receive and file the proofs, communication
and petition and affirm the denial of the
Zoning Commission in this matter.
Seconded by Council Member Nagle.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Absent: Council Member Kluesner.
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to
consider reclassifying property located East
of Cedar Cross Road from AG to PUD
District and adopt aConceptual Development
Plan, presented and read. There were no
written objections received and no oral
objectors present at the time of the Hearing.
Council Member Krieg moved that the proof
be received and filed. Seconded by Council
Member Nagle. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Krieg, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent: Council Member
Kluesner.
An Ordinance Amending Zoning
Ordinance by reclassifying property located
East of Cedar Cross Road from AG
Agricultural District to PUD Planned Unit
Development District with a PC Planned
Commercial Designation and adopting a
Conceptual Development Plan, said
Ordinance having been presented and read at
the Council Meeting of July 6th, presented
for further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 41.93
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA
PROVIDING THAT THE CODE
OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS
THE ZONING ORDINANCE OF
THE CITY OF DUBUQUE, IOWA,
BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTY LOCATED EAST 01?
CEDAR CROSS ROAD FROM AG
AGRICULTURAL DISTRICT TO
PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH
A PC PLANNED COMMERCIAL
DESIGNATION AND ADOPTING
A CONCEPTUAL DEVELOPMENT
PLAN.
Whereas, Fred and Regina Bissell,
property owners, have filed a request for
zoning reclassification and a conceptual
development plan for hereinafter described in
accordance with provisions of the PC
Planned Commercial designation regulations
as set faith in Section 3-5.5 of the Code of
Regular Session, July 19, 1993
Ordinances, Appendix A thereof, of the City
of Dubuque, Iowa; and
Whereas, the Zoning Commission has
held a public hearing on said zoning
reclassification and conceptual development
plan pursuant to required published notice;
and
Whereas, the Zoning Commission has
approved said zoning reclusification and
conceptual development plan subject to
specific conditions and restrictions having
found that said Plan conforms with the
review standards applicable to such plans as
set forth in Section 3-5.5D of the Code of
Ordinances, Appendix A thereof, of the City
of Dubuque, Iowa; and
Whereas, the Zoning Commission
recommended the concurrence of the City
Council in approval of said zoning
reclassification and conceptual development
plan; and
Whereas, the City Council has received
the recommendation of the Zoning
Commission and conceptual development
plan subject to the sane specific conditions
and restrictions.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That in order to accomplish
the purpose of the PR Planned Residential
District of the Zoning Ordinance of the City
of Dubuque, Iowa, the zoning reclassification
from AG Agricultural District to PUD
Planned Unit Development with a PC
Planned Commercial designation and
conceptual development plan, a copy of
which is attached to and made a pan hereof,
is hereby adopted and approved for the
following described property, to wit
Lot 4 of John George Subdivision, and to
the center line of the adjoining public
right -of --way, all in the City of Dubuque,
Iowa.
Section 2. That in order to accomplish
the purposes of the PR Planned Residential
District and of the Zoning Ordinance, the
above described property is subject to the
following conditions and restrictions:
A. Use Regulations.
The fallowing regulations shall apply
to all uses made of land in the above
described PR Planned Residential
District
1) Principal permitted uses shall be
limited to an indoor and outdoor
tennis facility.
2) No secondary or contingency uses
shall be permitted.
3) Accessory uses shall include any use
customarily incidental and subordi-
nate to the principal use it serves.
B. Lot and Bulk Regulations.
Development of land in the PR
Planned Residential District shall be
regulated as follows:
1) All building structures and activities
shall be located in conformance with
the attached conceptual development
plan and all final site development
plans are to be approved in
accordance with provisions of the PR
Planned Residential District
regulations.
2) All buildings and structures shall be
a minimum of 100 feet from the
front property line, 50 feet from the
rear property line and 10 feet from
the side property line.
3) A maximum building height of 40
feet shall be provided.
C. Performance Standards.
The development and maintenance of
uses in this PC Planned Commercial
District shall be established in
conformance with the following
standards of Section 3-5.5 of the PR
Planned Commercial District
1) The phasing of the development shall
occur as described on the attached
conceptual development plan, with
all site improvements to be
completed for each phase.
2) Street lighting shall be provided per
City standards. All other lighting
shall be with full cut-off design.
3) Landscaping and screening shall be
provided as per Section 4-5.3. A 4
foot berm is to be provided on the
site.
4) Three (3) off-street parking spaces
shall be provided for each tennis
court.
5) All utilities including telephone and
cable television shall be installed
underground.
6) A final site development plan shill
be submitted in accordance with
Section 4-4 of the Zoning Ordinance
of the City of Dubuque, Iowa prior
to each construction phase as
described on the attached conceptual
development plan. No further
grading, excavating, or other land
disturbing activity may occur before
a final site plan is approved.
D. Sign Regulations.
The sign regulations shall be the
same as that which are allowed in the
C-2 Neighborhood Shopping Center
District as established in Section 4-
3.11 Schedule of Sign Regulations of
the Zoning Ordinance of the City of
Dubuque, Iowa.
ji
259 Regular Session, July 19, 1993
E. Additional Standards.
The conceptual development plan
shall be valid for a period of five (5)
years provided a final site
development plan for Phase 1 is
submitted within one year from the
date of approval and each additional
final site development plan for
Phases E - IV is submitted within the
time frame as proposed on the
attached conceptual development
plan.
F. Transfer of Ownership
Transfer of ownership or lease of
property in this PR Planned
Residential District shall include in
the transfer or lease agreement a
provision that the purchaser or lessee
acknowledges awareness of the
conditions authorizing the
establishment of the district
Passed, approved and adopted this 19th
day of July, 1993.
James E. Brady
Mayor
Attest:
May A. Davis
City Clerk
ACCEPTANCE OF ORDINANCE NO.
41-93
We, Fred and Regina Bissell, having read
the tans and conditions of the foregoing
Ordinance No. 41-93 and being familiar with
the conditions thereof, hereby accept this
sant and agree to the conditions required
therein.
Dated in Dubuque, Iowa this 9th day of
March, 1994.
By /s/
Fred Bissell
By /s/
Regina Bissell
It 3/17/94
Council Member Krieg moved final
adoption of the Ordinance. Seconded by
Council Member Nagle. Carried by the
following vote: Yeas—Council Members
Krieg, Nagle, Nicholson, Robbins, Vcetberg.
Nays --Mayor Brady. Absent—Council
Member Kluesner.
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to
consider disposing of city -owned property
located at 464 Loras Boulevard and
communication of City Manager
recommending approval to sell property at
464 Loras Boulevard, presented and read.
There were no written objections or oral
objectors present at the time of the Hearing.
Council Member Nagle moved that the proof
be received and filed. Seconded by Council
Member Robbins. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Krieg, Nagle, Nicholson, Robbin, Voetberg.
Nays—None. Absent: Council Member
Kluesner.
RESOLUTION NO. 212-93
RESOLUTION APPROVING THE
DISPOSAL OF CITY -OWNED
PROPERTY, SPECIFICALLY, THE
WEST ONE-HALF (W ) OF LOT
SIX (6), AND EAST TWO FEET
(E2')OF LOT SEVEN (7) IN A.L.
BROWN'S SUBDIVISION OF THE
NORTH EIGHTY-SIX FEET (N86')
OF OUT LOT SIX HUNDRED
SIXTY-SIX (666) AND
NORTHEAST PART OF OUT LOT
SIX HUNDRED EIGHTY-FIVE
(685), IN THE CITY OF
DUBUQUE, COUNTY OF
DUBUQUE, IOWA, ACCORDING
TO THE RECORDED PLAT
THEREOF, ALSO KNOWN AS 464
LORAS BOULEVARD, TO GREG
J. AND MELISSA N. TUTHILL.
Whereas, pursuant to a notice, duly
published in the Telegraph Herald
newspaper, the City Council of Dubuque,
Iowa, met on the 19th day of July, 1993, at
7:30 p.m in the Carnegie Stout Public
Library Auditorium, 11th and Bluff Street,
Dubuque, Iowa, to consider the proposal to
dispose of City -owned real estate located at
464 Loras Boulevard which property is
legally described as follows:
The West One-half (W ) of Lot Six (6),
and East Two Feet (E2') of Lot Seven (7)
in A.L. Brown's Subdivision of the North
Eighty -Six Feet (N86') of Out Lot Six
Hundred Sixty -Six (666) and Northeast
part of Out Lot Six Hundred Eighty -Five
(685), in the City of Dubuque, County of
Dubuque, Iowa, according to the recorded
plat thereof.
Whereas, such property is proposed to be
sold to Greg J. and Melissa N. Tuthill in
consideration for $1.00 as the first DREAMS
Program property to be sold; and
Whereas, the City Council of the City of
Dubuque, Iowa, has overruled any and all
objections, oral and written, to the proposal
W dispose of the interest of the City of
Dubuque, lowa, in the herein and above-
named real estate to the above-named
grantees.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the disposal of the
interest of the Qty of Dubuque in the above-
described property to Greg 1. and Melissa N.
Tuthill is hereby approved.
Regular Session, July 19, 1993
260
Section 2. That the Mayor be and he is
hereby authorized and directed to execute a
Quit Claim Deed, and that the City Clerk be
and she is hereby directed and authorized to
deliver such Deed, conveying the above
described real estate to the above-named
tee.
g Passed, approved and adopted this 19th
day of July, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Nagle moved adoption
of the Resolution. Seconded by Council
Member Robbins. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Krieg, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent: Council Member
Kluesner.
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to
vacate a portion of Morgan Street and Mount
Vemon Court Parkway and approving
disposal of said property, communication of
City Manager recommending to vacate and
dispose of Lot 29A in Grand View Park,
presented and read. There were no written
objections received and no oral objectors
present at the time of the Hearing. Council
Member Voetberg moved that the proof of
publication be received and filed. Seconded
by Council Member Nagle. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None. Absent:
Council Member )(Meaner.
An Ordinance Vacating a portion of
Morgan Street and Mount Vernon Court
Parkway known as Lot 29A in Grand View
Park, said Ordinance having been presented
and read at the Council Meeting of July 6th,
presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 42-93
ORDINANCE VACATING A
PORTION OF MORGAN STREET
AND MOUNT VERNON COURT
PARKWAY IN THE CITY OF
DUBUQUE, IOWA
Whereas, Thomas W. & Connie S. Clark
have requested the vacating of a portion of
Morgan Street and Mount Vernon Court
Parkway; and
Whereas, Wallace, Holland, Kastler,
Schmitz and Company, Dubuque, Iowa, have
prepared and submitted to the City Council
a plat showing the vacated portion of
Morgan Street and Mount Vernon Court
Pathway and assigned lot numbers thereof,
which haeinafta shall be known and
described as Lot 29A and 29B in Grand
View Park in the City of Dubuque, Dubuque
County, Iowa; and
Whereas, the City Council of the Qty of
Dubuque, Iowa has determined that a portion
of Morgan Street and Mount Vernon Court
Parkway is no longer required for public use,
and vacating of said portion of Morgan
Street and Mount Vernon Court Parkway
known as Lot 29A in Grand View Park in
the City of Dubuque, Dubuque County,
Iowa, should be approved.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the real estate described
as Lot 29A in Grand View Park in the Qty
of Dubuque, Iowa, be and the same is
hereby vacated.
Passed, approved and adopted this 19th
day of July, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 26th day of July,
1993.
Mary A. Davis CMC
It 7/26 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 Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None. Absent:
Council Member )(Meaner.
RESOLUTION NO. 213-93
RESOLUTION APPROVING THE
DISPOSAL AND SALE OF A
PORTION OF MORGAN STREET
AND MOUNT VERNON COURT
PARKWAY
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 the 9th day
of July, 1993, the City Council of the City of
Dubuque, Iowa met on the 19th day of July,
1993, at 7:30 p.m. in the Public Library
Auditorium, 11th and Locust, Dubuque,
Dubuque County, Iowa to consider the
proposal for the sale of real estate described
as:
Lot 29A in Grand View Pads in the
City of Dubuque, Iowa to Thomas W.
& Connie S. Clark
r;
31;
rat
U.
li
IC!
I!
it
261 Regular Session,
July 19, 1993
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all
objections, cal or written, to the proposal to
dispose of interest of the City of Dubuque,
Iowa in the hereinabove described real estate
to Thomas W. & Connie S. Clark.
NOW, THEREFORE, BE rr RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the disposal of the
interest of the City of Dubuque, Dubuque
County, Iowa in real property described u
Lot 29A in Grand View Park in the City of
Dubuque, Iowa to Thomas W. & Connie S.
Clark be and the sant is hereby approved
for the sum of $197.00, plus publication and
filing fees; conveyance shall be by Quit
Claim Deed
Section 2. That the Mayor be authodad
and directed to execute a Quit Claim Deed,
and the City Clerk be and is hereby
authorized and directed to deliver said deed
of conveyance to the above named grantees
upon receipt of the purchase price in full.
Section 3. That the City Clerk be and is
hereby authorized and directed to record a
certified copy of this resolution in the office
of the City Assessor, Dubuque County
Recorder and the Dubuque County Audita.
Passed, approved and adopted this 19th
day of July, 1993.
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: Yeas—Mayor Brady,
Council Members Krieg. Nagle, Nicholson,
Robbins, Voetberg. Nays—None. Absent:
Council Member Kluesnher.
Proof of Publication certified to by the
Publisher on Notice to grant a perpetual
utility easement across real estate located at
3257 Sheridan Road and communication of
City Manager recommending to grant
easement to U. S. West Communications,
Inc., presented and read. There were no
written objections received and no oral
objectors present at the time of the Hearing.
Council Member Nagle moved that the proof
and communication be received and fried.
Seconded by Council Member Robbins.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Absent: Council Member Kluesner.
RESOLUTION NO. 214-93
RESOLUTION APPROVING A
UTILITY EASEMENT ON PART
OF MINERAL LOT 324 FOR U.S.
WEST COMMUNICATIONS, INC.
Whereas, pursuant to resolution and
published notice of time and place of
hearing, published in the Telegraph Herald,
■ newspaper of general circulation published
in the City of Dubuque. Iowa on the 9th day
of July, 1993, the City Council of the City of
Dubuque, Iowa met on the 19th day of July,
1993, at 7:30 p.m in the Public Library
Auditorium, llth and Locust, Dubuque,
Dubuque County, Iowa to consider the
proposal fa a grant perpetual utility
easement across real estate described as:
Part of Lot 2-2-1-3-1-1-1-1 and Lot 2-
1-1 of Mineral Lot 324 and Lot 2-1-1-
1-2-1-3-1-1-1-1 and Lot 2-1-1 of
Mineral Lot 324 in the City of
Dubuque, Iowa
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all
objections, oral or written, to the proposal to
dispose of interest of the City of Dubuque,
Iowa, in the hereinabove described real
estate to U.S. West Communications, Inc.
NOW, THEREFORE, BE fr RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the disposal of the_
interest of the City of Dubuque, Dubuque
County, Iowa in real property described as a
perpetual utility easement on Part of Lot 2-2-
1-3-1-1-1-1 and Lot 2-1-1 of Mineral Lot
324, and Lot 2-1-1-1-2-1-3-1-1-1-1 and Lot
2-1-1 of Mineral Lot 324 in the City of
Dubuque, Iowa to U.S. West
Communications, Inc. as shown on the plat
prepared by IW Engineers & Surveyors,
P.C. be and the sant is hereby approved.
Section 2. That the Mayor be authorized
and directed to execute the Grant of
Easement, and the City Clerk be and is
hereby authorized and directed to deliver
said grant to the above named grantees, upon
receipt of $100.00 from U.S. West
Communications, Inc.
Section 3. That the City Clerk be and is
hereby authorized and directed to record a
certified copy of this resolution in the office
of the City Assessor, Dubuque County
Recorder and the Dubuque County Auditor.
Passed, approved and adopted this 19th
day of July, 1993
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Regular Session, July 19, 1993 262
Council Member Nagle moved adoption
of the Resolution. Seconded by Council
Member Robbins. Carried by the following
vote: Yeas—Mayer Brady, Council Mambas
Krieg, Nagle, Nicholson, Robbins, Voetbag.
Nays --None. Absent: Council Member
Kluesner.
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to
consider an Ordinance granting a franchise
to Peoples Natural Gas Company and
communication of City Manager
recommending approval of a 25 year
franchise to Peoples Natural Gas Company,
presented and red. Council Member Krieg
moved that the proof of publication be
received and filed. Seconded by Council
Member Nicholson. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Krieg, Nicholson,
Robbins, Voetberg. Nays—Council Member
Nagle. Absent—Council Member Kluesner.
Mike Deggendorf, Regional Manager of
Peoples Natural Gas, requested approval of
documents.
An Ordinance Granting to Peoples Natural
Gas Company, its successors and assigns, a
non-exclusive authority for a period of 25
years to maintain and operate its existing gas
distribution system and construct extensions
thereto within the limits of the City of
Dubuque, Iowa, said Ordinance having been
presented and read at the Council Meeting of
July 6th, presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NOA3.93
AN ORDINANCE GRANTING TO
PEOPLES NATURAL GAS COMPANY,
DIVISION OF UTI (CORP UNITED
INC., A CORPORATION, ITS
SUCCESSORS AND ASSIGNS, A
NON-EXCLUSIVE AUTHORITY FOR A
PERIOD OF TWENTY-FIVE (25)
YEARS TO MAINTAIN AND OPERATE
ITS EXISTING GAS DISTRIBUTION
SYSTEM AND CONSTRUCT
EXTENSIONS THERETO WITHIN THE
LIMITS OF THE CITY OF DUBUQUE,
IOWA, INCLUDING ANY TERRITORY
WHICH MAY BE ANNEXED THERETO
DURING THE TERM OF THIS
FRANCHISE, AND INCLUDING
THE RIGHT TO ERECT AND
MAINTAIN ALL NECESSARY
FACILITIES AND EQUIPMENT
(MAINS, PIPING AND
APPURTENANCES) IN, UPON, OVER,
ACROSS AND LONG THE STREETS,
ALLEYS, BRIDGES AND OTHER
SIMILAR PUBLIC PLACES WITHIN
THE CITY FOR THE TRANSMISSION,
DISTRIBUTION AND SALE OF
NATURAL GAS OR MIXED GAS, AND
PRESCRIBING TERMS AND
CONDITIONS UNDER WHICH THE
COMPANY IS TO OPERATE; AND
REPEALING ORDINANCE NO. 17.68.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE,
IOWA
Section 1. Definitions
1. Whenever the word "city" appears in
this ordinance it is intended and shall be held
to [roan the City of Dubuque, Iowa.
2. Whenever the wad "company"
appears in this ordinance it is intended and
shall be held to mean Peoples Natural Gu
Company, Division of UtiliCorp United Inc.,
its successors and assigns.
3. Whenever the word "grantee" appears
in this ordinance, it is intended and shall be
held to mean Peoples Natural Gas Company,
Division of UtiliCorp United Inc., its
successors and assigns.
4. Whenever the word "franchise"
appears in this ordinance it is intended and
shall be held to mean the grant of authority
contained in this ordinance as accepted by
the company.
5. Whenever the word "street" appears in
this ordinance, it is intended and shall be
held to mean streets, alleys, bridges, avenues,
highways and other similar public places
used for transportation purposes within the
city.
6. Whenever the words "mixed gas"
appear in this ordinance, they are intended to
designate and shall be held to mean natural
gas mixed with other combustible gases by
company to augment the company's gas
supply.
7. Whenever the team "Iowa Utilities
Board" is used, it shall mean the utilities
board or utilities division established by
Iowa Code Chapter 474 (or its successor).
Section 2. Grant of Franchise. There is
hereby granted to the company, its
successors and assigns, for a period of
twenty-five (25) years a non-exclusive
authority to maintain and operate its existing
gas distribution system and construct
extensions thereto within the limits of the
city including any areas added to the city by
annexation or otherwise, together with all
necessary facilities and equipment (mains,
piping and appurtenances) in, upon, over,
across, and long the streets of the city for the
transmission, distribution and sale of natural
gas or mixed gas therein.
Section 3. Street Usage. The city
reserves to itself the power to impose
reasonable regulations on the company's use
of streets. The company shall not locate any
263
Regular Session, July 19, 1993
new or reconstructed gu service lines a
other improvements of any kind within the
city in the public right of way without the
approval of the city. The company agrees to
consult with the City as to the location of
any new high pressure gas pipelines carrying
a pressure of 70 pounds or more that will be
outside the city limits which will serve the
city, and use its best efforts to place such
lines so they will be compatible with any
impacted zoning, econoric, development,
growth and other plans of the city.
Scalar 4. Excavations and Other Wake.
A written permit will be obtained from the
city angina whenever it becomes necessary
for the am t any to excavate in streets or
public grounds of the city. Such permits
shall state a particular part or point of the
street where the excavation is to be made
and the length of time in which such permit
shall authorize the work to be done. An
exception to a requirement for a permit shall
be made in cases of emergency involving
public safety, in which case a permit will be
obtained at the earliest opportunity after the
work has started. In nuking excavations in
the streets the company shall not case
unreasonable inconvenience to the public.
The company shall properly protect,
according to safety standards generally
accepted at the time of placement, as may be
detemnined from time to time by the city
engineer, all excavations and obstructions by
proper shoring, surface plates, barricades,
warning lights and such other or additional
devices as circumstances may warrant If in
the opinion of the city engineer such
excavation or obstruction is net properly and
safely protected the engineer shall notify the
company and the company shall comply with
all reasonable instructions. After gas mains
and pipes are installed and repaired, the
trenches in which such mains or pipes are
installed will be refilled by the company.
No trench or excavation in the streets shall
be filled or covered without giving the city
the right to inspect the same. All backfilling
in streets will be according to city
specifications. Temporary street surfacing
will be placed in such excavations as soon as
the sans: has been backfilled. Unless
otherwise agreed to by the City Engineer,
temporary street surfacing shall mean
asphaltic concrete cold mix. However, when
n excavation is made in other than the
traveled portion of the right-of-way in a
residential area, a rolled stone base may be
used in accordance with the specifications
required by the City's "Rules and
Regulatlos for Excavating in City Streets
and Alleys" in effect at the time.
Pavements, sidewalks, curb and gutters or
other portions of streets and public places
opened, disturbed or damaged by company
shall be promptly restored and replaced with
like naterias by the company at its own
expense and left in as good condition as
before. In the event like replacement
materials are not available, the company
shall notify die city engineer who must
approve the use of any alternate materials.
In the event that the company shall fail to
comply with the provision of this section,
after having been given reasonable notice,
the city may do such work as may be needed
to properly repair such pavements, sidewalks,
curb and gutters or other portions of streets
and public places and the cost thereof shall
In repaid to the city by the company. In
some cases where a cut or disturbance is
made in a section of street paving or
sidewalks, rather than replace only the area
cut, the company shall replace that area
stipulated by the city engineer which in no
event shall exceed the panel or panels
disturbed.
Section 5. Relocation of Pipes, Conduit
and Services. Whenever the city shall pave
or repave any street or shall change the
grade line of any street or public place or
shall construct or reconstruct any conduit,
water main service or water connection,
sewer or other municipal public works or
utility, it shall be the duty of the company,
when so ordered by the city, to change its
mains, services and other pioN.sty in the
streets or other public places at its own
expense so as to conform to the established
grade or line of such street or public place
and so as not to interfere with the conduits,
sewers and other mains so constructed or
reconstructed. However, the company shall
not be required to relocate pipes, mains and
appurtenances when the street, alley or
public grounds, in which they are located, is
vacated for the convenience of abutting
property owners and not as an incident to a
public improvement, unless the reasonable
cost of such relocation and the loss and
expense resulting therefrom is Fust paid to
the company by the abutting property
owners. In the case of public improvements,
including but not limited to Urban Renewal
projects, the city may requite the company to
relocate pipes, mains, services and
appurtenances in the streets at company's
expense.
The city may at its discretion assign
personnel for inspection of excavation and
related wank being performed by the
company. Should the company fail or refuse
to do and perform the things provided in this
ordinance, the city may, after reasonable
notice, perform the work and charge the
reasonable and necessary expense thereof to
the company and the company shall
promptly pay said charges.
Regular Sessbn, July 19, 1993
Section 6. Accessions to Franchise.
Where any gat line is presently or in the
future laid anywhere in the corporate lints
of the city, either as now existing or
hereafter extended, not in • public street and
a street shall thereafter be opened or
dedicated so u to include said tine within
the right-of-way of such street, said gas line
shall be required to be operated and
maintained under the terra of this franchise.
Section 7. Rep esentatlon of Company.
The company agrees to provide and maintain
its entire plant and system in such condition
that it will furnish safe, adequate, efficient
and continuous service.
Section 8. Regulatory Review. To the
extent the provision of this Section 8 are
consistent with state and federal law and
regulation the rights described in this section
are reserved to the City and may be
exercised by it in its discretion in accord
with the duty of the City to protect the
health and welfare of is citizens. Company
shall, at all times, maintain an adequate
pressure and adequate supply of clean,
standard gas of the British Thermal Unit
heating value of not less than that prescribed
in its Rules and Regulations relating thereto
in effect and on file from time to time with
the Iowa Utilities Board or other competent
authority having jurisdiction in the premises.
Should the British Thermal Units fall below
the limitation set forth in its appropriate
Rules and Regulations, the rate then in effect
shall be automatically and correspondingly
lowered and reduced during any period or
periods of time in which such lower British
Thermal Unit value shall be furnished. The
city shall have the privilege of requesting
company to famish satisfactory proof of
British Thenal Unit content of the gas. Gas
fundshed to consumers under this franchise
shall be free from impurities except that it
shall contain some element or compound
with an easily detected oda in an amount
sufficient to be noticeable when the gas is
released, but not sufficient to be harmful to
human or animal life or to interfere with
combustion. All gas service shall be
supplied through a meter which shall
accurately measure the amount of gas
supplied to a consumer. The consumer shall
supply a safe and proper place for the
installation of each such meter. Standards
for meters and meter practices shall be in
accordance with regulations, rules or
directives adopted by the Iowa Utilities
Board.
Section 9. Reserved Regulatory Rights.
In the event the State of Iowa or the United
States ceases to regulate any aspect of the
delivery of gas service now regulated by
either or both, the City reserves the right
upon such cessation to regulate such matters
to the extent such natters are local affairs
impacting the health, safety a welfare of
residents of the City.
Section 10. Technological Changes.
Should, within the period of this franchise,
developments within the field of power or
heating substances offer to the company the
opportunity to [nose effectively, efficiently
and economically serve its customers
through use of a substance or material other
than natural gu, then the company may
petition the city council which, with such
requirements or littdtatiaa as it deems
necessary to protect public health, safety and
welfare, allow the gas of such substances
under the terns and conditions of this
franchise. The company shall be allowed to
mix other combustible gases with natural gas
for distribution within the city as such
mixture may be advantageous to the
operation of the company. Such use of
mixed gas, however, shall not relieve the
company of its obligations under this
franchise.
Section 11. Extension of Service. The
company shall be required to extend its
gas -distribution system in accordance with
rules and regulations relating to customer
connections and main and service line
extensions currently in effect and on file
from time to time with the Iowa Utilities
Board or other competent authority having
jurisdiction. Whenever the distribution
system is so extended, those mains and
service lines that are beneath pavement will
be stubbed to the end of such pavement in
anticipation of future growth.
Section 12. Rates. The company shall
supply gas to consumers within the city at
reasonable rates. It is recognized that under
the statutes of the State of Iowa, the Iowa
Utilities Board of the Iowa Depazunent of
Commerce is vested with legal authority to
supervise, fix or change rates and charges
authorized to be charged by the company to
gas consumers. It is also recognized by both
the company and the city that matters
involving rate changes and charges are local
in their application and effect and that the
city, through its city council, shall be within
its privileges and municipal responsibilities
in making inquiries, expressing interest or
adopting position on matters of rate changes
or charges by the company. In the event
rates or charges in general, or any class or
type of rate or charge shall, during the term
of this franchise, cease to be regulated by
any state or federal agency the City Council
reserves the right to regulate such rates
within the City. Section 13. Reports to
City Council. The company shall file with
the city council a true copy of the annual
report of the company pertaining to the
operation or conduct of business of the
Regular Session, July 19, 1993
company under this franchise. The report
may be the same as the company shail have
prepared for such year in the ordinary course
of the conduct of the business of the
company and filed with the Iowa Utilities
Board.
Section 14. Maps of Distribution System.
The company shall, promptly after the award
of this franchise, furnish the city engineer a
detailed map or maps of its distribution
system both within the city limits and the
area inmdiately surrounding the city. The
company shall thereafter update the map or
maps every year showing all subsequent
additions or deletions to the distribution
system The company shall indicate on said
map or mops the gas pressure in the lines of
its distribution network or transmission lines.
However, prior to any exavaton by the city
or is agents, a representative must contact
the company regarding current information
on the location of gas mains or gas laterals
in the area concerned. The obligation to
contact the company under this section shall
be satisfied if contact is made with a
corporation organized pursuant to Iowa Code
Chapter 480 (1993) or an entity with a
sinilar function utilized by both the City and
the company.
Section 15. Indemnification. The
company shall indemnify and hold the city
hamlea at all times during the term of this
franchise from and against all claims for
injury or damage to persons or property
caused by the construction, erection,
operation or maintenance of is properties, or
the negligence of company contractors or
company employees. In case of any suit or
action at law being commenced against the
City, upon any claim for damage arising out
of any loth, injury or damage, claimed to
have been caused by any installation,
improvement obstruction or excavation in
any street, alley, sidewalk or public place in
the city of Dubuque, and which installation,
improvement, obstruction or excavation was
made or left in, under or upon such street,
sidewalk, alley or public place by said
company, is agents, contractors or
employees, upon being notified by said city
of such action or proceeding, said company
shall appear and make proper defense
thereto; and if any judgment or decree shall
in any such case be rendered against the City
therein, said company hereby agrees to
assume, pay and satisfy such judgment or
decree, with the costs thereof.
Section 16. Nenassignment No sale,
assignment or lease of this franchise shall be
effective until it is approved by the city
council and until the company has filed in
the office of the city clerk written notice of
the proposed sale, ranafer, disposition or
assignment, such notice to clearly summarize
the proposed procedure and the terns and
conditions thereof. Such approval by the
city shall not be unreasonably withheld. The
proposal vendor, assignee or lessee shall
similarly file an instrument, duly executed,
resiting such proposal, accepting the terms of
this franchise and agreeing to perform all the
conditions thereof This provision shall not
apply to sales, assignments, or transfers
made pursuant to a Corporate reorganization,
divestiture or consolidation or to a sale of all
or substantially all of the gas distribution
properties of Peoples Natural Gas.
Section 17. Forfeiture of Franchise. The
violation of any material portion of this
franchise by the company or its successors
or assigns, or its failure promptly to perform
any of the provisions of this franchise shall
be cause for forfeiture of this franchise and
the termination of all rights thereunder.
Such forfeiture shall be accomplished by
ordinance of the city after written notice by
the city manager to the company and a
continuation of the violation, failure or
default specified in the notice for at least
thirty (30) days from the date the notice was
served.
Section 18. Severability. If any section
or provision of this ordinance is held invalid
by a court of competent jurisdiction, such
holding shall not affect the validity of any
other provisions of this ordinance which can
be given effect without the invalid portion or
portions and to this end each section and
provision of this ordinance is saveable.
Section 19. Revival. The paries
recognize that over the duration of this
franchise both technological and regulatory
changes will take place which will impact
the enforceability of this ordinance or parts
of it. In recognition of such factors the
parties agree that in the event portions of this
ordinance which are now, or in the future,
are found or declared inapplicable or
unenforceable, become through a subsequent
change in law or technology again to be
applicable or enforceable, such provisions
shall be revived and again form a portion of
this ordinance.
Section 20. Cure of Defaults. If either
party determines there is a default under this
franchise the other party shall be given
written notice describing the default in detail,
whether a forfeiture or termination of the
franchise will be sought and where curable a
reasonable time to cure the default which
shall not he less than 30 nor more than 180
days. Section 21. Reservation of
Home Rule Powers. This ordinance is
intended to he and shall be construed as
consistent with the reservation of local
authority contained in the Twenty Fifth
Amendment to the Iowa Constitution
granting municipalities home nde powers.
To such end any limitation on the power of
the city is to be sMctly construed and the
city reserves to itself the right to exercise all
power and authority to regulate and control
its local affairs and all ordinances and
regulations of the city shall be enforceable
against the company unless, and only to the
extent, they are irreconcilable with any rights
granted the company under this ordinance.
Section 22. Acquisition at Expiration. If
at the expiration of this franchise the
company wishes no longer to operate the gas
service system within the city or to sell,
assign or lease the system to a them party,
then the company shall upon the city's
request, given not eariicr than 180 days
before expiration or mot than 90 days after,
sell the gas diattibution system to the city at
a price deternined by a mutually agreeable
appraiser, or if the parties cannot with 60
days of notice agree upon an appraiser, then
they shall each appoint an appraiser and the
appraisers shall appoint a third, the price
shall then be the price the appraisers agree
upon, or if they do not agree within 60 days
of being appointed, the price shall be the
average of the two appraisals which are
closet in dcilar amount Section 23.
Franchise Fee. The City Council may, in its
discretion after a public hearing, and upon an
affirmative vote of three-quarters (3/4) of the
Council, impose a franchise fee not to
exceed 3% of the gross revenue of the
company generated from the sale of natural
and mixed gas within the city; provided,
however, that the fee shall not be effective
against the company unless and until the city
imposes a fee or tax of the sant percentage
on the gross revenue of sales of energy
within the city by all other energy suppliers
with which the City has in effect a franchise
agreement allowing such fee. Any such
franchise fee imposed shall be a direct
charge to customers as required by the Iowa
Utilities Board.
Section 24. Adoption. This ordinance
following its passage, its ratification by a
majority of the qualified voters of the city,
voting at an election called for the purpose
of voting thereon, and its publication by law
provided, shall become effective upon its
acceptance by the company and shall
effectively supersede and cancel ordinance
no. 17-68, being the prior gas franchise held
by the company,
Passed, approved and adopted this 19th
day of July, 1993.
James E. Brady
Mayor
Published officially in the Tekgrrph
Herald newspaper this 30th day of July,
1993.
Mary A. Davis CMC
It 7/30 City Clerk
ACCEPTANCE OF ORDINANCE NO.
43-93
1/We, the undersigned officer/s of Peoples
Natural Go Company, Division of Utlliccep
United Inc., a Corporation, having read the
tams and conditions of Ordinance No. 43-93
attached hereto and made a part hereof, and
being familiar with the temp and condition
contained therein, hereby accept Ordinance
No. 43-93 as approved by the electorate of
the City of Dubuque, Iowa, on August 24,
1993, and agree to perform the tents and
conditions contained herein.
Dated at Omaha, Nebraska this 8th day of
September, 1993.
PEOPLES NATURAL GAS COMPANY,
Division of Utilicorp United Inc.
By: /1/ Melvin J. Senud
Typed: Melvin J. Senmad
Title: Sr. Vice President
Attest: /8/ James R.Talcott
Assistant Secretary
ACKNOWLEDGEMENT AND
VERIFICATION OF
ACKNOWLEDGEMENT OF FILING OF
ACCEPTANCE OF FRANCHISE
The receipt and filing of the foregoing
Acceptance of Franchise pursuant to the
provisions of Ordinance No. 43-93, of the
City of Dubuque, is hereby acknowledged
and verified this 14 day of September, 1993.
/s/ Mary A. Davis
1t 9/22 Clerk
Council Member Krieg moved final
adoption of the Ordinance. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Krieg, Nicholson,
Robbins, Voetberg. Nays—Council Member
Nagle. Absent: Council Member Kluesner.
Council Member Voetberg moved to
amend the Ordinance to include the
requested language of Corporation Counsel
LindahL Seconded by Council Member
Nagle. Vote on the motion was as follows:
Yeas—Council Members Nagle, Robbins,
Voetberg. Nays—Mayor Brady, Council
Members Krieg, Nicholson.
Absent—Council Member Kluesner. Motion
to amend failed.
RESOLUTION NO. 215-93
RESOLUTION CALLING A
SPECIAL CITY LECTION ON
THE QUESTION OF APPROVING
A FRANCHISE TO PEOPLES
NATURAL GAS COMPANY,
DIVISION OF UTILICORP
UNITED INC., FOR A GAS
DISTRIBUTION SYSTEM FOR A
PERIOD OF TWENTY-FIVE
YEARS.
I I'
267 Regular Session, July 19, 1993
WHEREAS, the City Council of the
City of Dubuque has this day adopted
Ordinance No. 43-93, an Ordinance purling
to Peoples Natural Gu Company, Division
of Utllicerp United Inc., a non-exclusive
authority for a period of twenty-five (25)
years to maintain and operate its existing gas
distribution system and construct extensions
Neem within the limits of the City of
Dubuque, subject to the approval of the
voters of the City of Dubuque at a spedal
election; and
WHEREAS, Iowa Code 6364.2(40)
provides that no Ordinance granting a
franchise shall become effective unless
approved at an election; and
WHEREAS, Iowa Code 6364.2(4)(c)
requires that notice of such lection be given
by publication u prescribed in Iowa Code
649.53 in a newspaper of general circulation
in the City; and
WHEREAS, the Dubuque Telegraph
Herald is a legal newspaper printed wholly
in the English language, as defined by Iowa
Code *Section 618.3 and is published in the
City of Dubuque and is of general
circulation therein;
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That there is hereby called a
special City election on Tuesday, the 24th
day of August, 1993, at which election there
shall be submitted to the qualified electors of
said City the following question, to -wit:
Shall Peoples Natural Gas Company,
Division of Utllicorp United Inc., be granted
a non-exclusive authority for a period of
twenty-five (25) yeas to maintain and
operate its existing gas distribution system
and construct extensions thereto within the
Units of the City of Dubuque, Iowa,
including any tenitory which may be
annexed thereto during the term of this
franchise, and including the right to meet
and maintain all necessary facilities and
equipment (mains, piping and appurtenances)
in, upon, over, across and along the streets,
alleys, bridges and other sinelar public
places within the City for the transndssion,
distribution and sale of natural gas or mixed
ger, and prescribing terns and conditions
under which the company is to operate, as
set forth in Ordinance No. 43-93, adopted by
the City Council of the City of Dubuque on
July 19, 19937
Section 2. That the voting place or
places for said election and the hours the
polls shall be opened and closed shall be as
set out in the notice of election, said notice
to be prepared and approved by the County
Commissioner of Elections.
Section 3. That the form of ballot to be
used at said election shall he of the type
authorized by the Code of Iowa that will
permit the use of electronic counters and will
be in substantially the fans set forth in the
Notice of Election. That, if mare than one
public measure shall be submitted to the
electors at the time of the said election, all
such measures shall be printed upon one
ballot.
Section 4. That the Election Board for
the voting precinct or precincts shall be
appointrA by the County Commissioner of
Elections, not less than 15 days before the
date of said election, a certified copy of
which appointment shall be officially placed
on file in the office of the Clerk of said City.
Section 5. That the Auditor of Dubuque
County, Iowa, being the County
Commissioner of Elections, is hereby
directed to publish the notice of election
once in the Dubuque Telegraph Herald,
being a legal newspaper, printed wholly in
the English language, as defined by Section
618.3 of the Code of Iowa, published in said
City and of general circulation therein, said
publication to be not less than four clear
days nor more than twenty days prior to the
date of said election.
Section 6. That the County
Commissioner of Election shall cause to be
prepared all such ballots and election
registers and other supplies as may be
necessary for the proper and legal conduct of
said election. The Clerk is hereby
authorized and directed to cooperate with
said Commissioner of Elections and to do
and prepare all necessary matters in order to
make said election legal and valid.
Section 7. That the Clerk is hereby
directed to file a certified copy of this
Resolution in the office of the County
Commissioner of Elections, which filing
shall also constitute the "written notice" to
the County Commissioner of Elections of the
election date required to be given by the
governing body under the provisions of
Chapter 47 of the Code of Iowa
PASSED AND APPROVED, this 19th
day of July, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Krieg moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Krieg, Nicholson,
Robbins, Voetberg. Nays—Council Member
Nagle. Absent—Council Member Kluesner.
Regular Session, July 19, 1993
268
Petition of Committee To Welcome
RAGBRAI requesting City to auist with the
estimated $6,000 hill from the City to cover
police protection an July 31st, presented and
read. Bernie Fox requested $4300.00 for
RAGBRAI. Council Member Nagle moved
that the petition be received and Bled and
agreed to reimbursement of up to $4500 for
additional expenses. Seconded by Council
Member Nicholson. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None. Absent:
Council Member Kluesner.
Communication of City Manager advising
the City of Dubuque has been included with
the Federal Disaster Declaratory and further
advising of the process regarding
comprehensive assessment of the damage
caused by the flooding in our community,
presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Nicholson. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None. Absent:
Council Member Kluesner.
Communication of City Manager
requesting formal approval on the donation
of City water to the City of Des Moines,
presented and read. Council Member
Voetberg moved that the communication be
received and fried and donation approved.
Seconded by Council Member Nagle.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Absent: Council Member Kluesner.
Proof of Publication certified to by the
Publisher on Notice to Bidders of the
Receipt of Bids for the construction of
Crescent Ridge & Starlight Drive
Reconstruction Project and communication
of City Manager recommending to award
contract for project, presented and read.
Council Member Krieg moved that the proof
and communication be received and fled.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Krieg, Nicholson,
Robbins, Voetberg. Nays—Council Member
Nagle. Absent—Council Member Kluesner.
RESOLUTION NO. 216-93
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the 1993 P.C.
Paving Project - Crescent Ridge & Starlight
Drive Reconstruction pursuant to,Reaolution
No. 200-93 and notice to Udders published
in a newspaper published in the City of
Dubuque, Iowa on the 6th day of July, 1993.
Whereas, said sealed proposals were
opened and read on the 14th day of July,
1993 and it has been determined that the bid
of Northwestern Development, Inc. of
Dubuque, Iowa in the amount of
$1,164,939.08 was the lowest bid for the
furnishings of all labor and materials and
performing the work as provided for in the
plans and specifications.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to Northwestern
Development, Inc. and the Manager be and
is hereby directed toexecutea contract on
behalf of the City of Dubuque far the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and
the approval of the contractor's bond, the
City Treasurer is authorized and instructed to
return the Nd deposits of the unsuccessful
bidders.
Passed, approved and adopted this 19th
day of July, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Krieg moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Krieg. Nicholson,
Robbins, Voetberg. Nays—Council Member
Nagle. Absent—Council Member Kluesner.
Council recessed at 8:58 p.m.; Council
reconvened at 9:04 p.m.
Communication of City Manager
requesting concurrence from Council to
request the Chairperson of the Zoning
Commission to present the Commission's
recommendation at the Council meetings
regarding zoning matters, presented and read.
Council Member Voetberg moved that the
communication he received and fried and
concurred with recommendation. Seconded
by Council Member Robbins. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—Nona Absent:
Council Member Kluesner.
Communication of City Manager
submitting. an Ordinance amending the
membership of the Long Range Planning
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289 Regular Session, July 19, 1993
Conatduion providing for the elimination of
the City Manager u a member of the
Commission, presented and read. Council
Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Krieg.
Camel by the following vote: Yeas—Mayor
Brady, Council Members Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Absent—Council Member Kluesner.
An Ordinance Amending Section 36-4 of
the City of Dubuque Code of Ordinance by
adopting in lieu thereof a new Section 36-4
providing for a Long Range Planning
Commission and the composition thereof,
presented and read. Council Member
Voetberg moved that this be considered the
first reading of the Ordinance, and that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council meetings prior to the meeting at
which it is to be finally adopted be
suspended and further moved final adoption
of the Ordinance. Seconded by Council
Member Robbins. Vote on the motion was
as follows: Yeas—Council Members Krieg,
Nagle, Robbins, Voetberg. Nays—Mayor
Brady, Council Member Nicholson.
Absent—Council Member Kluesner. Motion
failed due to lack of 3/4 vote. Council
Member Voetberg moved that this be
considered the first reading of the Ordinance.
Seconded by Council Member Krieg.
Carried by the following vote:
Yeas—Council Members Krieg, Nagle,
Robbins, Voetberg. Nays—Mayor Brady,
Council Member Nicholson.
Absent—Council Member Kluesner.
RESOLUTION NO. 217-93
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the following having complied with
the provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa,
be granted a permit to sell Cigarettes and
Cigarette Papers within said City.
Silver Dollar Cantina Steve Altoff
342 Main SL
Admirals Hi -Hat West
Admirals Hi -Hat West, Inc
253 Main
Passed, approved and adopted this 19th
day of July, 1993
Attest:
Mary A. Davie
City Clerk
James E. Brady
Mayor
Council Member Nagle moved adoption
of the Resolution. Seconded by Council
Member Robbins. Caned by the following
vote: Yeas ---Mayor Brady, Council Members
Krieg, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Council Member
Kluesner.
RESOLUTION NO. 218-93
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been
examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of this City and
have faded proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants
a Beer Penult.
CLASS "B" BEER PERMIT
The Caddie Shack My -Jo (Investmtents),Inc.
48 Main St.
CLASS "C" BEER PERMIT
IOCO Speede Shoppe Iowa Oil Co.
2334 University
LOCO Speede Shoppe Iowa Oil Co.
1998 Jackson
Passed, approved and adopted this 19th
day of July, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Nagle moved adoption
of the Resolution. Seconded by Council
Member Robbins. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Krieg, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Council Member
Kluesner.
Regular Session, July 19, 1993 270
RESOLUTION NO. 219-93
Whereas, applications for Liquor Licenses
have been submitted to this Council for
approval and the same have been examined
and approved; and
Whereas, the prenises to be occupied by
such applicants were inspected and found to
comply with the State Law and all City
Ordinances relevant thereto and they have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants
a Liquor License.
CLASS "C"
(COMMERCIAL) BEER AND LIQUOR
LICENSE
The Clubhouse
Wayne & Card Kramer
2364 Washington St.
Dubuque Five Flags City of Dubuque
4th & Locust Sts.
House of China House of China Company
170 JFK Rd.
The Ryan House The Caterer's, Inc.
1375 Locust St.
Schroby's Schroby's, Inc.
1445 Central Ave.
Ton's Tap Carol A Meyers & Lisa Tott
3457 Jackson St.
Walnut Tap Craig Weiner
709 University Ave.
Passed, approved and adopted this
19th day of July.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Nagle moved adoption
of the Resolution. Seconded by Council
Member Robbins. Canied by the following
vote: Yeas—Mayor Brady, Council Members
Krieg, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent --Council Member
Kluesner.
Communication of Clty Manager outlining
the need for fencing projects that were not
anticipated in the Fiscal Year 1994 Budget
process, and communication of City Manager
recommending preliminary approval of plans
and specifications and to proceed with
Fencing Improvements for the Park and
Recreation Department at various City parks,
presented and read. Council Member Krieg
moved that the communications be received
and faded. Seconded by Council Member
Nagle. Carried by the following vote:
Yeas—Mayan Brady, Council Members
Krieg, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Council Member
Kluesner.
RESOLUTION NO. 220-93
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
Park and Recreation Department Chain Link
Fence Project, in the estimated amount of
830,910.22, are hereby approved and ordered
filed in the office of the City Clerk for
public inspection.
Passed, adopted and approved this 19th
day of July, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Krieg moved adoption
of the Resolution. Seconded by Council
Member Nagle. Caned by the following
vote: Yeas—Mayor Brady, Council Members
Krieg, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Council Member
Kluesner.
RESOLUTION NO. 221-93
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans,
specifications, and form of contract and
placed same on file in the office of the City
Clerk for public inspection of the Park and
Recreation Department Chain Link Fence
Project.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That on the 16th day of August, 1993, a
public hearing will be held at 7:30 p.m. in
the Public Library Auditorium at which time:
interested person may appear and be heard
for or against the proposed plans and
specifications, form of contract and cost of
said improvement, and the City Clerk be and
is hereby directed to cause a notice of time
and place of such hearing to be published in
a newspaper having general circulation in die
City of Dubuque, Iowa, which notice shall
be not leu than four days nor more than
twenty days prior to the day fixed for its
hGh
271 Regular Session, July 19, 1993
ceasideradon. At the hearing, any interested
parson may appear and file objections to the
pied per. specifications, contract, or
estimated cost of the improvement
Passed, adopted and approved this 19th
day of July, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Krieg moved adoption
of the Resolution. Seconded by Council
Member Nagle. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Krieg, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Council Member
Kluesner.
RESOLUTION NO. 222-93
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE QTY OF
DUBUQUE, IOWA:
That the Park and Recreation Department
Chain Link Fence Project is hereby ordered
to be advertised for bids for contraction.
BE n' FURTHER RESOLVED, that the
amount of the security to accompany each
bid shall be in an amount which shall
conform to the provisions of the notice to
bidders hereby approved as a part of the
plans and specifications heretofore adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa,
which notice shall not be less than four days
nor more than twenty days prior to the
receipt of said bids at 2:00 p.m. on the 5th
day of August, 1993. Bids shall be opened
and read by the City Clerk at said time and
will he submitted to the Council for final
action at 7:30 p.m. on the 16th day of
August, 1993.
Passed, adopted and approved this 19th
day of July, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Krieg moved adoption
of the Resolution. Seconded by Council
Member Nagle. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Krieg, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Council Member
Kluesner.
Communication of City Manager
recommending to dispose of city -owned
property located at 683 Angell' Street,
presented and real Council Member Nagle
moved that the communication be received
and filed. Seconded by Council Member
Robbins. Carried by the following vote:
Yea.—Mayor Brady, Council Members
Krieg, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent -Council Member
Kluesner.
RESOLUTION NO. 223-93
RESOLUTION OF INTENTION TO
DISPOSE OF CITY -OWNED
PROPERTY, SPECIFICALLY, THE
EASTERLY THIRTY-EIGHT FEET
(E38') OF LOT TWENTY (20) OF
QUIGLEY'S SUBDIVISION OF
OUT LOTS 712 AND 711, IN THE
CITY OF DUBUQUE, COUNTY OF
DUBUQUE, IOWA, ACCORDING
TO THE RECORDED PLAT
THEREOF.
Whereas, the City of Dubuque has
purchased certain real property for a
DREAMS Program participant
Whereas, the City has received an offer to
purchase this property from a qualifying
household; and
Whereas, by accepting the selected offer
the City's objectives of providing first-time
homeownership to a lower-income buyer and
rehabilitation of an abandoned home can be
realized;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF 111E CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque,
Iowa, intends to dispose of its interest in the
following legally -described property:
The Easterly Thirty -Eight Feet (E381 of
Lot Twenty (20) of Quigley's Subdivision
of Out Lon 712 and 711, in the City of
Dubuque, County of Dubuque, Iowa,
according to the recorded plat thereof.
Section 2. That the City of Dubuque,
Iowa, proposes to dispose of its interest in
die above described real estate to Thomas
Billmeyer for the sum of Seven Thousand
Dollars ($7,000).
Section 3. That the City Council meet in
the Carnegie Stout Public Library
Auditorium, 11th and Bluff Streets,
Dubuque, Iowa, at 7:30 p.m. on the 2nd of
August, 1993, for the purpose of holding a
public hearing and taking final action on the
disposition of the above described real estate
in the Qty of Dubuque, Iowa.
Regular Session, July 19, 1993 272
Section 4. That the Qty Clerk be and site
is hereby authorized and directed to cause a
notice of such public hearing and the Qty
Council's intent to dispose of such property
to be published as prescribed under Iowa
Code Section 364.7.
Passed, approved and adopted this 19th
day of July, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clink
Council Member Nagle moved adoption
of the Resolution and further set it for Public
Hearing on August 2, 1993 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 Robbins. Carried by the following
vote: Yeas—Mayor Brady, Council Members
Krieg, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Council Member
Kluesner.
Communication of Zoning Commission
advising of their approval to reclassify
property at 910 up to and including 1040
Roosevelt from R-1 to R-2 District,
presented and read. Council Member Krieg
moved that the communication be received
and Bled. Seconded by Council Member
Nagle. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Krieg, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Council Member
Kluesner.
An Ordinance Amending Zoning
Ordinance by reclassifying properties at 910
through 1040 Roosevelt Street inclusive,
from R-1 Single -Family Residential to R-2
Two -Family Residential District, presented
and read Council Member Krieg moved
that this be considered the fust 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 roved that a Public Hearing be held
on the Ordinance at the Council Meeting of
August 2, 1993 at 7:30 p.m. in the Public
Library Auditorium and that the Qty Clerk
publish notice in the manner prescribed by
law. Seconded by Council Member Nagle.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Absent—Council Member Kluesner.
Communication of Zoning Commission
advising of their approval to reclassify
properties located East of Carter Rod frau
R-4 to PUD, presented and read. Council
Member Krieg moved that the
communication be received and filed.
Seconded by Council Member Nagle.
Carried by the following vote:
Yen—Council Members Krieg, Nagle,
Nicholson, Robbins, Voetberg.
Nays—Mayor Brady. Absent—Council
Member Kluesner.
An Ordinance Amending Zoning
Ordinance by reclassifying property
described as "Lot 2 of St. Mary's Place No.
3" from R-4 Multi -Family Residential to
PUD Planned Unit Development with a PR
Planned Residential designation to allow 16
condominiums on 2.5 acres, presented and
read. Council Member Krieg 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 Ordinance at
the Council Meeting of 16th day of August,
1993 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 Nagle. Vote
on the motion as follows: Yeas—Council
Members Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—Mayor Brady.
Absent—Council Member Kluesner. Motion
failed due to lack of 3/4 vote. Council
Member Krieg moved that this be considered
the first Trading only of the Ordinance.
Seconded by Council Member Nicholson.
Carried by the following vote:
Yeas—Council Members Krieg, Nagle,
Nicholson, Robbins. Nays—Mayor Brady,
Council Member Voetberg.
Absent—Council Member Kluesner.
MINUTES SUBMITTED -- Civil Service
Commission of 4-27 & 6-30 (unapproved);
Housing Commission Trust Fund Committee
of 7-1; Library Board of Trustees of 6-24;
Park & Recreation Commission of 6-8;
Zoning Commission of 7-6, presented and
read. Council Member Nagle moved that the
minutes be received and filed. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None.
Absent—Council Member Kluesner.
dl.,,aj..
273 Regular Session, July 19, 1993
Printed Council Proceedings for months
of November and December, 1992 for
approval, Resented for approval Council
Member Nagle moved that the proceedings
be approved as pined. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas—Maya Brady,
Council Member Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None.
Absent—Council Member Kluesner.
NOTICES OF CLAIMS/SUITS — Brad
Avetkamp in amount of 5190.50 for vehicle
damages; Glen Bell in estimated amount of
5357.48 for vehicle damages; James Ronald
Crazed in unknown amount for backed up
sewer damages; Mary Lou Ehlert in
unknown total amount for backed up sewer
damages; Lynn A. Evans in unknown
amount for vehicle dunnages; Jim Gross in
amount of 5250.00 for backed up sewer
damages; Darlene Hogan in amount of
5300.00 for backup sewer damages; Peggy
S. Hough in amount of 5346.00 for personal
injuries; Chris Johnson in amount of 563.90
for vehicle damages; Debra Jolson in amount
of 5177.02 for vehicle damages; Maureen
Kleine in amount of $56.50 for vehicle
damages; David Klueaner in unknown
amount for vehicle damages; David
McMahon in amount of 5682.80 for hacked
up sewer damages; John Merkes in estimated
amount of 51091.77 for backed up sewer
damages; Adella Metcalf in unknown
amount for personal injuries; Robert & Anita
Wild in unknown amount for property
damages; Loren Zihllte in unknown total
amount for backed up sewer damages,
presented and read. Council Member Nagle
moved that the claims and suits be refereed
to the Legal Staff for investigation and
report. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeo—Maya Brady, Council Members
Krieg, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Council Member
Kluesner.
Communications of Corporation Counsel
advising the following claims have been
referred to Crawford & Company, the agent
for the Iowa Communities Assurance Pool:
Sewer backups (2) of James & Lis Conant
Property damage of Richard Cumpton;
Sewer Backups (3) of Mary Lou Ehlert
Sewer Backup of Jim S. Grose; Personal
injury of Steven & Bonnie Kramer, Car
damage claim of Jill Palter, Sewer backup
of Joseph A. Ruff; Car damage of Anne M.
Schmieder; Car damage of Rick VonAh; Car
damage of Carolyn Wiederholt, presented
and read. Council Member Nagle moved
that the communications be received and
faded. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeo—Mayor Brady, Council Members
Krieg, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Council Member
lUueaner...
REFUNDS REQUESTED — David J.
Baker, 5211.25 for unexpired Liquor
License, presented and read. Council
Member Nagle moved that the refund be
approved and Flounce Director to issue the
proper check. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas --Mayor Brady, Council Members
Krieg, Nagle, Nicholson, Robbins, Vcetberg.
Nays—None. Absent—Council Member
Kluesner.
Communication of HUD acknowledging
receipt of the City's Statement of Objectives
and Projected Use of Funds for the FY'93
Community Development Block Grant
Program, resented and mad. Council
Member Nagle moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Absent—Council Member Kluesner.
Piling of Notice of Expiration of Right of
Redemption for properties at 676 University
Ave. and "The South 1/2 of Lot 63 in
Stafford's Addition in the City of Dubuque",
presented and read Council Member Nagle
moved that the notice be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas—Maya
Brady, Council Members Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Absent—Council Member Kluesner.
Proofs of Publication certified to by the
Publisher on List of Claims for month
ending May, 1993; Notice of Finding of No
Significant Effect on the Environment for
Four Mounds Foundation Road
Improvement, Hillcrest Family Services
Classroom Constmction; Advising of intent
to file a request for the Release of Funds for
Four Mounds Foundation Road
Improvements, Hillcrest Family Services
Classroom Construction Projects. presented
and read. Council Member Nagle moved
that the proofs be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas—Maya
Brady, Council Members Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Absent—Council Member Kluesner.
Petition of Dubuque Golf and Country
Club requesting the approval to reissue their
firewoks permit from July 4, 1993 to Labor
Regular Session, July 19, 1993
274
Day weekend, on September 5, 1993 at
approx. 9:00 p.m., Resented and read.
Council Mamba Nagle moved that the
petition be approved and referred to the Qty
Manager. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas --Mayor Brady, Council Member
Krieg, Nagle, Nicholson, Robbins, Voetberg.
Nays—Nom. Absent—Council Member
Kluesner.
Petition of Bethany Board of Directors
requiting vacation of the 25 foot Schiller
Street from the wit property line of Lincoln
Avenue to the east property line of High
Bluff Sts., presented and read. Council
Member Nagle moved that the petition be
referred to the City Manager for
investigation and report. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None.
Absent—Council Member Kluesner.
Communication of City Manager
recommending publication of Notice of
Environmental Findings for the Engineering
Data Systems (EDS) Expansion Project,
presented and mad. Council Member Nagle
moved that the communication be received
and filed Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Krieg, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Council Member
Kluesner.
RESOLUTION NO. 224-93
RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE OF
ENVIRONMENTAL REVIEW
FINDING FOR CERTAIN
COMMUNITY DEVELOPMENT
BLOCK GRANT PROJECT
Whereas, the City of Dubuque has entered
into a Chant Agreement for the Fiscal Year
commencing July 1, 1993, with the U.S.
Deponent of Hoeing and Urban
Development, providing for financial
assistance to the City under Title 1 of the
Housing and Community Development Act
of 1974, as amended; and
Whereas, pursuant to the rules and
regulations as promulgated by the U.S.
Department of Housing and Urban
Development, an environmental review has
been processed for the hereinafter described
project to be financed with Community
Development Block Grant funds; and
Whereas, an ad hoc Environmental
Review Committee on June 25, 1993, has
after due consideration, • made a
determination that the project L not a major
federal radon significantly affecting the
quality of the human environment
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City Clerk be and she
is hereby authorized and directed to publish
a Notice of Finding of No Significant Effect
on the Environment for the following
identified project and to make die
Environmental Review Record for said
project available fa public inspection. Such
notice shall be in the farm of Exhibit "A"
attached hereto and made a part hereof.
Engineering Data Systems (EDS)
Expansion Project
Section 2. That the City of Dubuque
hereby declares its intent to adopt a
resolution at its meeting of July 19, 1993,
authorizing the submission of a request to
the U.S. Department of Housing and
Community Development to undertake the
above mentioned project
Passed, approved and adopted this 19th
day of July, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Nagle moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None.
Absent—Council Member Kluesner.
Communication of City Manager
recommending approval of Funding
Agreement between the City and Dubuque
Main Street, Ltd. for Fiscal Year 1994,
presented and read. Council Member Nagle
moved that the communication be received
and filed. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Krieg, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Council Member
Kluesner.
RESOLUTION NO. 225-93
RESOLUTION APPROVING A
FUNDING AGREEMENT
BETWEEN THE CITY OF
DUBUQUE AND DUBUQUE MAIN
STREET, LTD., AND
AUTHORIZING AND DIRECTING
THE CITY MANAGER TO
EXECUTE SAID AGREEMENT ON
BEHALF OF THE CITY OF
DUBUQUE, IOWA
275 Regular Session, July 19, 1993
Whereas, the City of Dubuque has
negotiated with Dubuque Main Street, Ltd. to
provide and implement a downtown
revitalization program; and
Whereas, the temu and conditions under
which Dubuque Main Street, Ltd., will be
funded for providing such services are set
fatly in a Funding Agreement, a copy of
which is hereto attached and by this
reference nude a part thereof;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the attached Funding
Agreement by and between the City of
Dubuque, Iowa, and Dubuque Main Street,
Ltd. be and the same is hereby approved.
Section 2. That the City Manager be and
he is hereby authorized and directed to
execute said Agreement for and on behalf of
the City of Dubuque, Iowa.
Passed, approved and adopted this 19th
day of July, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Nagle moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the
following vote: Yeas—Maya Brady,
Council Members Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None.
Absent—Council Member Kluesner.
Communication of City Manager
recommending approval of Funding
Agntement between the City of Dubuque and
the Washington Neighborhood Tool Library
for Fiscal Year 1994, presented and read.
Council Member Nagle moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Krieg, Nagle,
Nicholson, Robbins, Vcetberg. Nays—None.
Absent—Council Member Kluesner.
RESOLUTION NO. 226-93
Whereas, the City of Dubuque, Iowa has
negotiated with the Washington
Neighborhood Tool Library, Inc. to provide
previously supplied services for the
expressed purpose of aiding the City of
Dubuque; and
Whereas, the terms and conditions under
which the Washington Ndghbothood Tool
Library, Inc. will be funded for providing the
services are set forth in a Funding
Agreement, a copy of which Agreement is
attached hereto and by this reference made a
pat thereof, and
Whereas, the activities as delineated in the
Funding Agreement comply with the primary
objectives of the Housing and Community
Development Act of 1974, as amended, and
comply with one or more of the "National
Objectives."
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the attached Funding
Agreement by and between the City of
Dubuque, Iowa, and the Washington
Neighborhood Tool Library, Inc. be and the
sante is hereby approved.
Section 2. That the City Manager be and
he is hereby authorized and directed to
execute said Agreement for and on behalf of
the City of Dubuque, Iowa.
Passed, approved and adopted this 19th
day of July, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Nagle moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None.
Absent—Council Member Kluesner.
Communication of City Manager
recommending approval of Purchase of
Services Agreement between the City of
Dubuque and Dubuque Chamber of
Commerce fa Fiscal Year 1994 in the
amount of 5403,740.00 and authorizing the
Mayor to execute said agreement, presented
and read. Council Member Nicholson
moved that the communication be received
and fried and approved. Seconded by
Council Member Voetberg. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Nagle, Nicholson,
Robbins, Voetberg. Nays—None. Abstain --
Council Member Krieg. Absent—Council
Member Kluesner.
Communication of City Manager
summarizing the process to be used for
preparation of the Fiscal Year 1994
Comprehensive Housing Affordability
Strategy, presented and read. Council
Member Nagle moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Krieg, Nagle,
Regular Season, July 19, 1993
276
Nicholson, Robbins, Voetberg. Nays—None.
Absent—Coundl Member Kluesner.
Communication of City Manager
recommending the approval of a CEBA
application to Iowa Department of Economic
Development on behalf of W. C. Brown
Communications, Inc., presented and red.
Council Member Nagle moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Absent—Council Member Kluemer.
RESOLUTION NO. 227.93
RESOLUTION AUTHORIZING
THE EXECUTION OF A
COMMUNITY ECONOMIC
BEIThRMENT ACCOUNT (CEBA)
LOAN AGREEMENT WITH THE
IOWA DEPARTMENT OF
ECONOMIC DEVELOPMENT
AND WILLIAM C. BROWN
COMMUNICATIONS, INC.
Whereas, the Community Economic
Betterment Account (CEBA) program has
been created by the Iowa Department of
Economic Development to assist in the
economic development efforts of local
jurisdictions;; and
Whereas, on March 18, 1993, the City of
Dubuque, Iowa was awarded a 5300,000
forgivable loan from the Community
Economic Betterment Account (CEBA)
program by the Iowa Department of
Economic Development and
Whereas, the City of Dubuque, Iowa
desires to assist William C. Brown
Communications, Inc. in its efforts to
develop a new technology center, to expand
its existing distribution and warehousing
facility on Kerper Boulevard, and to create
permanent employment opportunities for its
citizens; and
Whereas, a Forgivable Loan Agreement is
to be executed between the Iowa Department
of Economic Development, William C.
Brown Communications, Inc. and the City of
Dubuque, lowa, hereto attached and by this
reference made a part hereof.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Mayor and City Clerk
be and they are hereby authorized and
directed to endorse the acceptance of the
City of Dubuque, Iowa upon the attached
CEBA Loan Agreement
Section 2. That the City Manager be and
he is hereby authorized to disburse funds to
William C. Brown Communications, Inc.
from the Community Economic Betterment
Account Program in accordance with the
tents and conditions of the executed
agreement
Passed, approved and adopted this 19th
day of July, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Nagle moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the
following voe: Yeas—Mayor Brady,
Council Members Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None.
Absent—Council Member Kluesner.
Elmer Nails, 2859 Indiana, as Director of
Washington Tool Library, expressed
appreciation for money grants given to them
and stated that there were 3649 users, 6640
tools loaned out and 3356 volunteer hours
donated.
There being no further business, Council
Member Nicholson moved to adjourn.
Seconded by Council Member Nagle.
Carried by the following vote: Yeas—Mayor
Brady, Council Members Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Absent—Council Member Kluesner.MeSng
adjourned at 9:43 p.m.
Mary A. Davis CMC
City Clerk
Regular Sessbn, July 19, 1993
i [[,/� (JPS 1994.
ip t.. /D 1994.
Special Session, July 21, 1993 278
DUBUQUE
CITY COUNCIL
Council Members
OFFICIAL
PROCEEDINGS
Spatial Session, July 21, 1993
Council Met at 10:00 a.m., Conference
Roan "A", City Hall
Present: Mayor Brady, Council Members
Kluesner, Nagle, Nicholson, Robbins,
Voetberg, City Manager Michael Van
MiWgen, Caporation Counsel Barry A.
LirdahL
Absent: Council Member Krieg.
Mayor Brady read the call and stated this
is a Special Session of the Qty Council
called for the purpose to consider a
Resolution urging Governor Branstad to call
a Special Session of the Iowa Legislature.
RESOLUTION NO. 228-93
RESOLUTION URGING
GOVERNOR BRANSTAD TO
CALL A SPECIAL SESSION OF
THE IOWA LEGISLATURE
Whereas, a coalition of Iowa Mayors has
been famed to ask Governor Branstad to
call a special session of the Iowa Legislature
and to
ask Iowa Legislators to support and urge
such a can; and
Whereas, major issues to be discussed are
that in order to make Iowa industries may
competitive with other states and to assist
Iowa in attracting more industry jobs,
Amendments are needed to the existing
"Riverboat Gambling and Pari-Mutuel Track
Legislation" and "Machinery and Computer
Equipment Property Tax Exemption"; and
Whereas, Govema Branstad has indicated
that he would call a Special Session of the
Iowa Legislature if Iowa cities support a
machinery and computer equipment property
tax exemption on all new equipment, and are
in basic agreement on Pari-Mutuel gambling
and Riverboat legislation issues; and
Whereas, the Mayon and Community
Leaders of Iowa's 13 major dtles, including
Dubuque, have reached agreement on the
major issues for a "Jobs Session" and on
Pari-Mutuel and Gambling issues (See
Attachment "Al.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque,
Iowa, goes on record urging the Governor to
call a special session of the Iowa Legislature
for the purpose to address the "Amendments
to existing Riverboat Gambling and Pari -
Mutual Track Legislation" more specifically,
prohibiting the racing schedules for the
Dubuque and Waterloo dog tracks from
overlapping or being in direct conflict with
each other, and that our area legislators ask
for and support such a call.
Section 2. That the City Clerk is hereby
directed to send a certified copy of this
Resolution to the Governor and our State
Legislators.
Passed, approved and adopted this 21st
day of July , 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas—Maya Brady,
Council Members Kluesner, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Absent -Council Member Krieg.
There being no further business, Council
Member Kluesner moved to adjourn the
meeting. Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas—Mayor Brady, Council Members
Kluesner, Nagle, Nicholson, Robbins,
Voetberg. Nays—None. Absent—Council
Member Krieg. Meeting adjourned at 10:11
a.m.
Mary A. Davis CMC
City Clerk
•
279
Special Session, July 21, 1993
Approved
Adopted
1994.
1994.
/PP'
-t
�
.v sAL
le
Council Members
Attest:
City Clerk
Regular Session, August 2, 1993 280
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, August 2, 1993
Council Met at 7:30 p.m.. Public Library
Auditorium
Present: Mayor Brady, Council Members
Kluesner, Nagle, Nicholson, Robbins,
Voetberg, City Manager Michael Van
Milligen, Corporation Counsel Barry A.
Lindahl.
Absent: Council Member Krieg at Roll Call.
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 before
the Council.
Invocation was given by Monsignor
William Leonard.
PROCLAMATIONS -- August 1 - 7 as
"World Breastfeeding Week"; August 10 -
15. as "Dubuque County Fair Week",
received by 4-11 King Tony Krapfl & Queen
Sean Harmnerand; August 17 - Oct. 29 as
"United Way Campaign Time" received by
Pat McGrane.
Council Member Voetberg moved that the
rules be suspended to allow anyone present
to address the Council. Seconded by
Council Member Nagle. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Kluesner, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Absent—Council Member Krieg.
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to
consider selling property located at 683
Angella Street and communication of City
Manager requesting not to sell the property
at 683 Angella Street at this time, presented
and read. Council Member Voetberg moved
that the proof and communication be
received and filed and concurred with
request not to sell at this time. Seconded
by Council Member Nagle. Carried by the
following vote: Yeas—Mayor Brady,
Council Members Kluesner, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Absent—Council Member Krieg.
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to
reclassify properties located from 910
Roosevelt Rd. up to and including 1040
Roosevelt Road from R-1 to R-2 District,
presented and read. There were no written
objections received and no oral objectors
present at the time of the Heating. John
Fuller requested favorable adoption. Council
Member Kluesner moved that the proof of
publication be received and filed. Seconded
by Council Member Voetberg. Carried by
the following vote: Yeas—Mayor Brady,
Council Members Kluesner, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Absent—Council Member Krieg.
An Ordinance Amending Zoning
Ordinance by reclassifying property located
from 910 Roosevelt Road up to and
including 1040 Roosevelt Road from R-1
Single -Fancily Residential District to R-2
Two -Family Residential District, said
Ordinance having been presented and read at
the Council Meeting of July 19th, presented
for further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 44-93
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA
PROVIDING THAT THE CODE
OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS
THE ZONING ORDINANCE OF
THE CITY OF DUBUQUE, IOWA,
BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTY LOCATED FROM 910
ROOSEVELT TO AND
INCLUDING 1040 ROOSEVELT
ROAD FROM R-1 SINGLE-
FAMILY RESIDENTIAL
DISTRICT TO R-2 TWO•FAMILY
RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances
of the Qty of Dubuque, Iowa be amended
by revising Appendix A thereof, also known
as the Zoning Ordinance of the City of
Dubuque, Iowa, to reclassify hereinafter
described pmp..rty from R-1 Single -Family
Residential District to R-2 Two -Family
Residential District, to wit:
Lot 2 of Lot 2 of Koch Place, Lot 13,
14, 15, 16, 17, 18, and 19 of
Wersinger Subdivision and the
southeasterly 150 feet of Lot 1-1-1-1-
1-1 of the Southeast 1/2 of the