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