Loading...
1990 May Council Proceedings 218 Regular Session, A¡lrll 23, 1990 Kluesner, Nicholson, Pratt, Nays-None. Meeting adjourned at 5:40 P.M. Mary A. Davis City Clerk Voetberg. Approv, Council Members Attest: d ~ ~ City Clerk Regular Session, May 7, 1990 219 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, May 7, 1990. Council met at 7:30 p.m., Poblic Library Auditorium. Present: Mayor Brady, Council Members Deicb, Heckmann, Kluesner, Nicholson, Pratt, Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Mayor Brady read the cali and stated this is the regular monthly meeting of the City Council calied for the pllIpOse 10 act upon such business which may properly corne before the Council. The Invocation was given by Father Norm White, Archdiocesan Rural Life Director. PROCLAMATIONS: Week of May 6-12 as "Be Kind To Animals Week" received by Bob Klauer; Week of May 6-12 as "Nations! Hospital Week" received by Karen Knepper; 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 Harrmann; May 13-19 as"Nationai Police Week" and May 15th as "Police Memorial Day" received by Chaplain David Pach01l:e and Police Chief Jobn Mauss; May 18 as "Sertorna Candy Day" received by Harry Althaus; Month of Mayas "Mental Health Month" received by Ann Michalaski. Council Member Voetberg moved 10 sus- pend the rules 10 allow anyone present 10 address the Council. 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 10 by the Poblisher 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 therecf, presented and read. Tbere were no written ol!jections received and no -- oral objectors present at the time of the Hearing. Council Member Voetbetg 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 Voetbetg. Nays-None. RESOLUTION NO. 178-90 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDmONAL ACTION FOR THE ISSUANCE OF $4,000,000 URBAN RENEWAL TAX INCREMENT REVENUE BONDS. Wbereas, pursuant 10 notice published as required by law, this Council has held a pub- lic meeting and hearing upon the proposal 10 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 canying 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 10 land acqnisition, various docking and shoreline improvements, parking facilities and interest on such Bonds for not more than three years horn the issuance thereof, and has considered the extent of objections received ITem residents or property owners as 10 said proposed issuance of Bonds; and, accordingly the following action is now considered 10 be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE ÇITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section I, That this Council does hereby institute proceedings and takes additions! 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 authori:œd and directed 10 proceed on behalf of the City with the sale of said Bonds, to select a date for the sale therecf, to cause 10 be prepared such notice and sale information as may appear appropriate, 10 publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary 10 permit the sale of said Bonds on a basis favorable 10 the City and acceptable 10 the Council. 220 Regular Session, Maï 7,1990 Passed and approved this 7th day of May, 1990. lames E. Brady Mayor Atteat: Mary A. Davia CityC1erk Council Member Voetbetg moved ad0p- tion of the Resolution. Seconded by Council Member PralL Carried by the following vote: Yeas-Mayor BradY, Cnoncil Members Deicb, Heckmann, Kluesner, Nicholson, PralL Voetberg. Nayo-None. Hearings 10 detemúne whether a $300.00 civil penalty should be assessed against Beecb", Beverage, Oky Doky No.7, Family Beverage Ceo"'" and Family Mart & Deli for violations of Code of Ordinances See. 5- 37(b). Police Chief Mauss reconunended action against the four licensee~ Mike Gau representing Oky Duky 117 requested Council not assess penalty. Council Member Nicholson rooved that the $300 fine be imposed on all exeept Oky Duky 1/7. Seconded by Council Member Voetbetg. Carried by the following vote: Yeas-Mayor Brady, Cnoncil Members Heckmann, Kluesner, Nicholson, Pratt, Voetbetg. Nay.......council Member Deich. Proof of Pnblication c:ertified 10 by the Pnblisb", on Notice of Intent 10 Dispose of City's Interest in property located at the northeast comer of 14th & Elm Sts.. pre- sented and read. There were no written objections received and no oral ol!jectors present at the time of the Hearing. Council Member Kluesner moved that the proof of publication be received and fIled. Seconded by Cnoncil Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Cnon- ciI Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Vuetberg. Nays-None. RFSQLUTION NO, 179-90 Whereas, pursuant to resolution and pub- lisbed notice of time and place of hearing, published in the Telegraph Herald, a news- paper of geoera1 circulation published in the City of Dubuque, Iowa on the 28th day of AptiI, 1990, the City Cooncil of the City of Dubuque, Iowa met on Ibe 7th day of May, 1990 at 7:30 p.m. in the Pnblie Library Auditorium 10 consider the proposa1 for the sale of real estate described as: Lois 190, 191, 191A, the W. 65' of Lot 212, the E. 35' of Lot 212, Ibe W. 65' of Lot 213, the E. 35' of Lot 213, and the E. 35' of Lois 214, 215, and 216 in East Duboque Addition in Ibe City of Dubuque, Iowa 10 Donald J. Herbst Whereas, the City Cooncil of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written, 10 the proposal 10 dispose of interest of the City of Dubuque, Iowa in the hereinabove described real estate 10 Donald J. Herbst. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIffi CITY OF DUBUQUE. IOWA: SectIon L That the diaposa1lo Donald J. Herbst of the interest of the City of Dubuque, Dubuque County, Iowa in real property described as Lois 190, 191, 191A, the W. 65' of Lot 212, the E. 35' of Lot 212, the W. 65' of Lot 213, the E. 35' of Lot 213, and the E. 35' of Lots 214, 215, and 216 in East Dubuque Addition in the City of Dubuque, Iowa be and the same is hereby approved. Section 2. That the Mayor be authorized and directed 10 execute a Quit C1aim Deed, and the City Clerk be and is hereby aulb<>- rized and directed 10 deliver said doed of conveyance 10 the ahove nàmed grantee upon receipt of $42,225.00 plus all coats of platting, publication and recording. Section 3. That the City Clerk be and is hereby authorl:œd and directed to record a certified copy of this resolution in Ibe Office of the City Assessor, Dubuque County Record'" and the Dubuque County Treasurer. Passed, approved and adopted this 7th day of May, 1990. James E. Brady Mayor Atteat: Mary A. Davia City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member PralL Carried by the following vote: Yeas-Mayor Brady, Cooncil Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Voetberg. Nays-None. Proof of Pnblication c:ertified 10 by the Publisher on Notice of intent 10 diaposc of City's interest few property located at 272 Valeria Street. There were no written objec- tions received and no oral objectorS present at the time of the Hearing. Council Member Vnetberg moved that the proof of publication be received and fIled. Seconded by Council Member Pratt. Carried by the following vote: Regular SessIon, May 7, 1990 Yeas-Mayor Brady, Cooncil Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Voetbetg. Nays-None. Communication of City Manager recom- mending 10 sell said property 10 Cheryl S. Weber, presented and read. Council Member Voetbetg 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. 180.90 A RESOLUTION OF INTENTION TO DISPOSE OF CITY-OWNED PROPERTY: LOT TWO (2) OF LOT TIIIRTEEN (13) OF THE SUB- DIVISION 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 TIffiREOF; ALSO KNOWN AS 272 VALERIA STREET, DUBUQUE, IOWA. Whereas, pursuant to duly published public notice the City Council of Dubuque, Iowa, met on the 7th day of May, 1990, at 7:30 p.m. in the Carnegie Slout Public Library Auditorium, 11th and Bluff Streets, Dubuque, Iowa, 10 consider the proposal of disposing of City-owned real estate located at 272 Valeria Street which property is legally descried as follows: Lot Two (2) of Lot Thirteen (13) of the subdivision of Lots 129,13IA,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 10 the recorded plat therect Whereas, such property is 10 be sold to Cheryl S. Weber for the consideration of $22,000 and rehabilitation of such property in aceordance with City standards; and Whereas, the City Council of the City of Dubuque, Iowa, has ovetruled any and all objections, oral and written, 10 the proposal 10 dispose of the interest of the City of Duboque, Iowa, in the herein and above- named real estate to the above-named gtantee. 221 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section L That the disposal of the interest of the City of Dubuque in the herein above- described property to Cheryl S. Weber is hereby approved. Section 2. That the Mayor be and he is hereby authori:œd and directed to execute a Land Contract. and that the City Oerk be and she is hereby directed and authori:œd 10 deliver such Contract. conveying the above described real estate 10 the above-named grantee. Passed, approved and adopted this 7th day of May, 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, Heckmano, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Proof of Publication certified 10 by the Publisher on Notice of Public Hearing to consider amending Conceptual Development Plan for the Kennedy Mall PC Distric~ City Planner submitting COmments ITem Carl BUtbach regarding the amended conceptual development plan proposed for the Kennedy Mall PC Planned Commercial District and Petition ITem The Cafaro Co. requesting this public hearing be rescheduled for Monday, June 4, 1990, presented and read Council Member Nicholson rooved that the proof, communications and petition be received and fIled. Seconded by Cooncil Member Deich. 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 adopting an Amended Conceptual Development Plan for the Kennedy Mall PC Planned Commercial District at 555 John F. Kennedy Road, presented and read. Council Member Nicholson moved that this matter be recessed 10 the June 4th Council Meeting. Seconded by Council Member Deich. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. 222 R~ular Session, Maï 7, 1990 Proof of Pnblication certified '" by the Pnbliaher on Notice ofPnblic Hearing on the propoaed "Honaing Regniationa" of the Code of Qnlinanees and communication of City Manager submitting additions! information relative 10 proposed Honsing Code amend- ments, presented and read. Mayor Brady moved that the proof of publication and COJtDI1unication 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. Dan Wa1lig, Phil Wulfekulùe, and Eric Scbulz all spoke 10 the ¡aoposed amendment. An Qnlinance amending the Code of Ordinances by amending certain sections of Chapter 26 "Housing Regu1arions" and enacting new sections in lieu thereof, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 37.90 AN ORDINANCE AMENDING CHAPTER 26, HOUSING REGULATIONS, OF TIlE CODE OF ORDINANCES, CITY OF DUBUQUE,IOW A. BY: AMENDING SECTION 26-3(a)(l) BY REPEALING PARAGRAPH (I) RELATING TO TIlE CREATION OF THE HOUSING SERVICES DMSION AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH (I) RELATING TO TIlE CREATION OF TIlE HOUSING SERVICES DIVISION; AMENDING SECTION 26-3(b)(l) BY REPEALING PARAGRAPH e. RELA TING TO GARBAGE DISPOSAL AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH e. RELATING TO GARBAGE DISPOSAL; BY ADOPTING A NEW SECTION 26- 3(b)(l)h. RELATING TO MAINTENANCE OF THE BUILDING EXTERIOR; ADOPTING A NEW UNNUMBERED PARAGRAPH IN SECTION 26- 3(b)(2) RELATING TO LIABILITIES TO OCCUPANTS FOR VIOLATIONS; AMENDING SECTION 26-3(c)(l) BY REPEALING PARAGRAPH (1) RELATING TO SUBSTANDARD CONDmONS, AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH (I) RELATING TO SUBSTANDARD CONDITIONS; <", ~ : AMENDING SECTION 26-4(a) BY REPEALING PARAGRAPH (4) RELATING TO TIlE SERVING OF NOTICES AND ORDERS AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH (4) RELATING TO THE SERVING OF NOTICES AND ORDERS; AMENDING SECTION 26-4{a) BY REPEALING PARAGRAPH (5) RELATING TO TIlE SERVING OF NOTICES AND ORDERS AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH (5) RELATING TO THE SERVING OF NOTICES AND ORDERS; AMENDING SECTION 26-4(a) BY REPEALING PARAGRAPH (7) RELATING TO APPEALS OF NOTICES AND ORDERS AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH (7) RELATING TO APPEALS OF NOTICES AND ORDERS; AMENDING SECTION 26- 4(b) BY REPEALING PARAGRAPH (I) RELATING TO POSTING OF ORDERS TO VACATE AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH (1) RELATING TO POSTING OF ORDERS TO V ACA TE; AMENDING SECTION 26-4(b) BY REPEALING PARAGRAPH (2) RELATING TO COMPLIANCE WITH TIlE ORDER TO VACATE AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH RELATING TO COMPLIANCE WITH ORDERS TO VACATE; ADOPTING IN SECTION 26-7(a)(3)a. A NEW PARAGRAPH 4. RELATING TO PENALTY FOR NON-RENEWAL OF DWELLING UNIT OPERATING LICENSES; AMENDING SECTION 26- 7(a)(3) BY REPEALING PARAGRAPH (e) RELATING TO 9O-DA Y NOTICE OF SUSPENSIONS OR REVOCATION OF DWELLING UNIT LICENSES; AMENDING SECTION 26- 7(a)(3) BY REPEALING PARAGRAPH f. RELATING TO APPEALS OF SUSPENSIONS OR REVOCATIONS OF DWELLING UNIT LICENSES AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH e. RELATING TO APPEALS OF SUSPENSIONS OR REVOCATIONS OF DWELLING UNIT LICENSES; AMENDING SECTION 26-7(AX5) BY REPEALING PARAGRAPH c. RELATING TO APPLICATION DATES FOR LICENSE RENEWAL AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH c. RELATING TO APPLICATION - - - - - ---- Regular SessIon, May 7, 1990 DATES FOR LICENSE RENEWAL; AMENDING SECTION 26-7(b) BY REPEALING SECTION (3) RELA TlNG TO PRESALE INSPECTIONS AND ADOPTING fN LIEU THEREOF A NEW SECTION (3) RELATING TO PRESALE INSPECTIONS; AMENDING SECTION 26-9 BY REPEALING SECTION (e) RELATING TO APPEALS BOARD OPTIONS AND ADOPTING IN LIEU THEREoF AN NEW SECTION RELATING TO APPEALS BOARD OPTIONS; ADOPTING IN SECTION 26-9(e) A NEW PARAGRAPH (3) RELATING TO BOARD-GRANTED WAIVERS OF PENALTIES FOR NON- RENEWAL OF DWELLING UNIT OPERATING LICENSES; AMENDING SECTION 26-IO(bX3) BY REPEALING PARAGRAPH c. RELATING TO VENTING OF BATHROOM AREAS AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH RELATING TO VENTING OF BA TIlROOM AREAS; AMENDING SECTION 26-10 c.(3) BY REPEALING PARAGRAPH c. RELA TING TO REQUIRED KITCHEN ELECTRICAL OUTLETS AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH c. RELATING TO REQUIRED KITCHEN ELECTRICAL OUTLETS; AMENDING SECTION 26-IO(e)(3) BY REPEALING PARAGRAPH b. RELATING TO VENTING OF REA TING UNITS AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH b. RELATING TO VENTING OF HEATING UNITS; AMENDING SECTION 26-IO(e)(3) BY REPEALING PARAGRAPH d. RELATING TO PENETRATION OF WALLS BY VENT PIPES AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH d. RELATING TO PENETRATION OF WALLS BY VENT PIPES; AMENDING SECTION 26-10(e)(3) BY REPEALING PARAGRAPH e. RELATING TO WATER HEATING DEVICE VAL YES AND ADOPTING IN LIEU THEREoF A NEW PARAGRAPH e. RELATING TO WATER HEATING DEVICE VALVES; ADOPTING IN SECTION 26-IO(eX3) A NEW PARAGRAPH f. RELATING TO VENTING OF WATER HEATING DEVICES; ADOPTING IN SECTION 26-IO(e)(3) A NEW PARAGRAPH g. RELATING TO MAINTENANCE OF CHIMNEYS; ADOPTING IN 223 SECTION 26-10(/)(3) A NEW PARAGRAPH f. RELATING TO ORIGIN OF LIGHT AND VENTILATION; AMENDING SECTION 26-10(g)(3) BY REPEALING PARAGRAPH I. RELATING TO SMOKE DETECTORS; ADOPTING IN SECTION 26-1O(h)(3) A NEW PARAGRAPH d. RELATING TO VENTILATION REQUIREMENTS IN BATIlROOM AREAS; ADOPTING IN SECTION 26-1O(k)(3) A NEW PARAGRAPH e. RELATING TO MINIMUM WINDOW EGRESS STANDARDS; AND ADOPTING IN SECTION 26-10 A NEW SUBSECTION (n) RELATING TO SMOKE DETECTORS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. Section 26-3(a)(I) of the Code of Ordiuances, City of Dubuque, Iowa is hereby repealed. Section 2. The following new Section 26- 3(a)(I) is bereby adopted: (a) Authority, Powers, and Duties of Housing Services Manager. (I) Creation of Housing Services Divi- sion. There is hereby created the Housing Services Division in the Human Services Department which shall be under the admini- stration and operations! control of the Housing Services Mannger wbo is hereby authori:œd and directed 10 administer and enforce all provisions of this Code. The Housing Services Manager shall be appointed by and serve at the pleasure of the City Mannger. The City Council shall provide the Housing Services Manager with the number of employees as shall be necessary for the administration of the Code. Sec:tlon 3. Section 26-3(b)(I) e. of the Code of Ordinances, City of Duboque, Iowa, is bereby repealed. SectIon 4. The following new Section 26- 3(b)(I)e. is hereby adopted. (e) Garbage Disposal. Every Owner or operator of a duplex or multiple unit dwelling shall supply garbage containers which are adequate in number, approved by 224 Regular Session, Ma,y 7, 1990 the Housing 1napector and in oomp1iance with this Code. SectIon 5. Section 26-3(b)(1) of the Code of QnIinan<:eS, City of Dubuque, Iowa, is amended by adopting the following new sub- paragtapb 26-3(b)(I)b.; (b) Maintenance of Building Exterior. Whenever an owner permits a building to deteriorate or become dilapidated or blighted 10 the extent that the exterior of the hoiIding does not oornpiy with Sectioo 26-10 of this Code, the Honaing Officer sball issue written notice as provided by Section 26-4 of this Code, directing the owner of sucb hoiIding 10 remedy the defecL SectIon '- Section 26-3(b)(2) of the Code of QnIinan<:eS, City of Dubuque, Iowa, is amended by adopting the following new unnumbered subpatagrapb 26-3(b)(2): Any occupant violating any provisions of this subsection sball be guilty of a misde- meanor. Section 7. Section 26-3(c)(I) of the Code of Ordinances, City of Dubuque, Iowa, is hereby repealed. SectIon II. The following new Section 26- 3(c)(I) is hereby adopted: It shall be unlawful for any person in the City, 10 cause or continue the existence of any substandard condition. Section 9, Section 26-4(a)(4) of the Code of Ordinances, City of Dubuque, Iowa, is hereby repealed. Section 10, The following new Section 26-4(a)(4) is hereby adopted: (4) Be served upon the owner, his¡1ter agent or occupant by delivering the same at his¡1ter residence, office or place of business by Certified mail, or in person. All such Certified mail sball bear indicia requesting return 10 sender or forwarding address, if not deliverable as addressed; Section lL Section 26-4(a)(5) of the Code of Ordinances, City of Dubuque, Iowa, is hereby repealed. Section 12. The following new Section 26-4(a)(5) is hereby adopted: (5) Subsequent 10 the owner, his¡1ter agent or occupant baving been notified by the Housing Officer of a violation for which he/she is responsible, a copy of the notice and order may also be posted on the pre- mises. It may also be delivered or sent by regular mail 10 occupants of the property: Section 13, Section 26-4(a)(7) of the Code of Ordinances, City of Duhoque, Iowa, is hereby repealed. SectIon 14. The following new Section 26-4(a)(7) is bereby adopted: (7) Contain statements advising (i) that any person having any recorded title or legal interest or any occupant having been served a notice an ordec, may appeal from Ibe notice and order or any action of the Housing Officer 10 the Hoosing Code Appea1s Board, provided Ibe appea1 is made in writing as provided in this Code, and fIled with the Housing Officer within fourteen (14) days ITem the date of service of such notiee and eader, or action: and (ü) that failure 10 appeal will constitute a waiver of all rights 10 an administrative hearing and determination of the matter. Section 15, Section 26-4(b)(1) of the Code of Ordinances, City of Dubuque, Iowa, is hereby repealed. Section 16. The following new Section 26-4(b)(I) is hereby adopted: (I) Posting. Every order 10 vacate sball, in addition 10 being served as provided in Sec- tion 26-4(a), be poated at or upon each entrance 10 the building, dwelling uniL or rooming unit or other real or personal pr0- perty used or intended 10 he used for resi- dentia1 property and shall be in substantially the following form: Notice 10 Vacate This bas been declared 10 be substandard 10 the extent that it endangers life, limb, health, property, or welfare of the public or occupants. After do not occupy or use for. Housing Officer City of Dubuque, Iowa SectIon 17, Section 26-4(b)(2) of the Code of Ordinances, City of Dubuque, Iowa, is hereby repealed. Section 111. The following new Section 26-4(b)(2) is hereby adopted: (2) Compliance. Whenever such notice is posted, the Housing Officer sball include a notification thereof in the notice and order reciting the conditions which necessitate the -- -- - - _u Regular Session, May 7, 1990 225 posting. No person shall remain in or enter any building, dwelling unit. or rooming unit or other real or persons! property used or intended 10 be used for residentia1 purposes whicb bas been so posted except that entry may be made 10 repair, demolish or correct the violations. No person shall remove nor deface any such notice after it is posted until the required repairs, demolition or correc- tions have been completed. inspected and approved in writing by the Housing Officer. Any person violating this subsection shall be guilty of a misdemeanor. Section 19. Section 26-7(a)(3)a. is amended by adopting the following new subparagraph 26-7(a)(3)a. 4.: 4. Non-payment of the fee for renewal of the dwelling operating license. Section 20. Section 26-7(a)(3)e. of the Code of Ordinances, City of Dubuque, Iowa, is hereby repealed. Section 21. Section 26-7(a)(3)f. of the Code of Ordinances, City of Dubuque, Iowa, is hereby repealed. SectIon 22. Tbe following new Section 26-7(a)(3)e. is hereby adopted: e. Appeal by the licensee 10 the Housing Code Appeals Board ITem a decision of the Housing Officer shall be taken by delivering within fourteen (14) days form the date of receipt of Ibe notice of suspension or revoca- tion, a written notice of appeal 10 Ibe Housing OfIicec. Tbe Housing Officer sball notify the licensee in writing of the time and place for hearing the appeal. The licensee may present evidence to the Appeals Board at the public hearing as 10 why the license should not be suspended or revoked. Sectlnn 23. Section 26-7(a)(5)c. of the Code of Ordinances, City of Dubuque, Iowa, is hereby repealed. Section 24. Tbe following new Section 26-7(a)(5)c. is hereby adopted: c. Application for renewal of rental dwell- ing operating licenses in any year shall be due on January firsL Application may be made and license fees paid until April first without penalty. Applications made after April I shall be assessed such penalties as are described in Subsection 2 of the section. Section 25. Section 26-7(b)(3) of the Code of Ordinances, City of Dubuque, Iowa, is hereby repealed. Section 26, Tbe following new Section 26-7(b)(3) is hereby adopted: (3) Presale and/or Mortgageßnspection. Whenever a person requests presale, pre-loan or other housing inspection, the person making the application shall pay an inspec- tion fee as specified by resolution of the City Council Section 27. The first paragraph of Section 26-9(e) of the Code of Ordinances, City of Dubuque, Iowa, is hereby repealed. Section 28. The following new first para- grnph of Section 26-9(e) is hereby adopted: (e) Appeals Board Option. The Housing Code Appeals Board, by a majority vote, may sustain the notice and order, or grant a variance or extension of time or grant a waiver of applicability, in the case of the levying of rental dwelling operating license pens!ties. In granting an extension or variance of any notice or order, or waiver of application of a licensing pens!ty, the Appeals Boatd shall observe the following conditions: Section 29. Section 26-9(e) of the Code of Ordinances, City of Dubuque, Iowa, is amended by adopting the following new sub- paragraph 26-9(e)(3): (3) Waiver of Applicability. The Board may grant a waiver of application of a pens!ty for non-payment of rental dwelling operating license fees, sul!ject 10 appropriate conditions and provided the Board makes specific findings of fact that the levying of the penalty was inconsistent with the pr0- visions of Subsection 26-7 of the Code. SectIon 30. Section 26-1O(b)(3) c. of the Code of Ordinances, City of Dubuque, Iowa, is bereby repealed. Section 31. Tbe following new Section 26-IO(b)(3)c. is hereby adopted: e. The required hathroom area shall have at least one (I) openable window or other adequate exbaust ventilation which mnst vent 10 the outside of the unit. Such ventilation will prohibit the escape of bathroom area odors or vapors inlo any habitable or tran. siently occupied area. Section 32. Section 26-IO(c)(3)c. of the Code of Ordinances, City of Dubuque, Iowa, is hereby repealed. Section 33. Tbe following new Section 26-IO(c)(3)c. is hereby adopted: 226 Regular Session, May 7, 1990 c. Every kitchen or kitcben area shall have at least one light fixture and two (2) duplex '"'tlets. If, bowever, one such outlet is ina<:ceasible, i.c., located behind a stationary appliance, one additional outlet shall be inatalled. Sec:lloo 34. Section 26-IO(eX3)b. of the Code of Ordinances, City of Dubuque, Iowa, is bereby repealed. Sectloo 35. The following new Section 26-IO(e)(3)b. is hereby adopted: b. Heating units, except electric-fueled units, shall be vented 10 eliminate the escape of products of combustion inlo any habitable or transiently occupied area. Sec:lloo 36. Section 26-10(e)(3)d. of the Code of Ordinances, City of Dubuque, Iowa, is bereby repealed. Section 37. The following new Section 26-IO(e)(3)d. is hereby adopted: d. Every room heater vent pipe shall be equipped with thimbles or guards constructed of nonflammable material at the point where the pipe penetrates any wall, ceiling or partition. Exceptions of this reqnirement shall be otherwise in compliance 10 the Dubuqœ Mechanieal Code. Sec:lloo 38, Section 26-IO(eX3)e. of the Code of Ordinances, City of Dubuque, Iowa, is bereby repealed. Section 39. Tbe following new Section 26-IO(e)(3)o. is bereby adopted: e. Dotœstic water heating devices shall be supplied with an operable combinarion tern¡>- erature and pressure relief valve and such device shall be fitted with a rigid vent pipe of undiminisbed diameter and extended 10 within one (I) foot of the floor. Sedloo 40. Tbe following new Section 26-IO(e)(3)f. is hereby adopted: f. Water heating devices, except electric- fueled units, shall be vented 10 eliminate the escape of products of combustion inlo any habitable or transiently occupied areas. Sec:lloo 41. Section 26-IO(e)(3) of the Code of Ordinances, City of Dubuque, Iowa, is amended by adopting the following new subpaIagraph 26-IO(e)(3)g.: g. Every chimney, vent pipe and flue shall be maintained in aonnd condition and good repair. Sedloo 42. Section 26-10(1)(3) of the Code of Ordinances, City of Duhoque, Iowa, is amended by adopting the following new subpaIagraph 26-10(1)(3)f.: f. Origin of Light and Ventilation. For the purpose of determining light and ventilation reqnirements, any room may be considered as a portion of an adjoining room wben one- balf (112) the area of the common wall is open and unobstruCted and provides an opening of not less than eight percent (8%) of the floor area of the interior room, or twenty (20) square feet. whichever is greater. Sec:lloo 43, Section 26-10(g)(3)1. of the Code of Ordinances, City of Dubuque, Iowa, is bereby repealed. Sedloo 44, Section 26-1O(b)(3) of the Code of Ordinances, City of Dubuque, Iowa, is amended by adopting the following new subparagraph 26-1O(b)(3)d.: d. "Bathroom area" shall be defined as those facilities required under Subsection 26- 1O(b)(2) "Acceptability Criteria," of this Section. Bathroom facilities in addition 10 the required bathroom area, except toiIel/water closets, are not snbject 10 ventilation reqniretœnts under Subsection 26-IO(h)(2). Sedloo 45. Section 26-10(k)(3) of the Code of Ordinances, City of Dubuque, Iowa, is amended by adopting the following new subpaIagraph 26-1O(k)(3)e.: e. In unites in whicb windows are the approved second means of egress, i.e., in which there is no second door or stairway providing egreas, minimum standards for window egress shall apply. Every sleeping room shall bave at least one openable window having minimum net clear opening of 5.7 square feet. with minimum net clear opening height dimension of 24 incbes and minimum net clear opening width dimension of 20 inches. This window shall have a finished sill height of no more than 44 inches ahove the floor. Sectioo 4/i. Section 26-10 of the Code of Ordinances, City of Dubuque, Iowa, is amended by adopting the following Subsection at 26-IO(n): (n) Smoke Detectors. All dwelling units shall be provided with operating smoke detec-. Regular SeSSion, May 7, 1990 (I) Smoke detectors shall be installed outside of each separate sleeping area, in the immediate vicinity of the bedrooms, and on each additional story of the dwelling unit. including basetœnts and attics, except as noted in (2). (2) Installation of smoke detec- in basements shall be required only in base- tœnts having direct interior access ITem units. Installation of smoke detectors io attics shall be required only where occupancy of the attic is in compliance with provisions of this Code. (3) Smoke detectors installed on a story without a sleeping area, and in basements, shall be located in close proximity 10 the stairway leading 10 the floor above. Smoke detec- installed in proximity 10 a stairway shall be positioned so as 10 inten:ept smoke originating ITem the lower level, before the smoke enters the stairway. (4) Smoke detectors shall be located so as 10 assure that smoke cannOt be prevented ITem reaching the detector by an intervening obstruction. (5) In split level units, (i.e. units with less than one full story separation between levcls), installation of a single smoke detector for one level and the adjacent lower level shall meet the reqniretœnt of (I), except as noted in (6). (6) Where an intervening door exists between one level and the adjacent lower- level, smoke detectors shall be installed on hoth levels. (7) Smoke detectors installed on an open-joisted ceiliog shall be installed 00 the bottom of the joint. (8) Smoke detectors shall be located 00 or near the ceiling. In rooms with ceiling slopes greater than I-foot rise per 8-fee~ the detector shall be located on the high side of the room. Smoke detectors shall, when mounted on a wall, be located no less than 4 incbes nor no more than 12 inches horn the ceiling. The deteclor shall not be located within 4 inches, vertieal and horizontal measurement, of a ceiling-wall corner. (9) In efficiency units and in rooming units, smoke detectors shall be located inside the unit Section 47. This ordinance shall take effect immediately upon publication. 227 Passed, approved and adopted this 7th day of May, 1990. Attest: Mary A. Davis City Oerk James E. Brady Mayor Published officially in the Telegraph Herald newspaper this 16th day of May, 1990. Mary A. Davis City Clerk It 5116 Council Member Kluesner moved fins! adoption of the Ordinance, as amended. Seconded by Council Member Pratt. Vote on the motion was as follows: Yeas---{:ouncil Member Kluesner, Pratt. Voetberg. Nays-Mayor Brady, Council Members Deich, Heckmann, Nicholson. Motion failed. Council Member Nicholson moved 10 adopt the Ordinance, as amended: with the exception of smoke detectors and dead bolt lock provisions. Seconded by Council Member Pratt. Vote on the motion was as follows: Yeas-Council Members Kluesner, Nicholson, Pratt. Nays-Mayor Brady, Council Members Deich. Heckmann, Voetbetg. Motion failed. Mayor Brady moved final adoption of the Ordinance, as recommended, with the exception of the dead bolt provision. Seconded by Council Member Pratt Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nicholson, Pratt, Voetberg. Nays-Council Members Deich. Heckmann. 9:47 p.m Council recessed. lO:æ p.m. Council reconvened. Proof of Publication certified to by the Publisher on Notice of Hearing on Plans and Specifications for the Relocation of the Bell Slreet Storm Sewer, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Voetbetg moved that the proof of poblication 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. 181.90 RESOLUTION ADOPTING PLANS AND SPECIFJCATIONS. Regular Session, May 7, 1990 of Tachiggfrie Excavating of Dubuque, Iowa in the amount of $52,309.90 was the lowest bid for the furnishings of all labor and materials and performing the work as pr0- vided for in the plana and specifications. NOW, THEREFORE, BE IT RESOLVED BY THE ClTY COUNCIL OF THE CITY OF DUBUQUE,IOWA: That the contract for the ahove improve- ment be awarded 10 Tacbiggfrie Excavating and the Manager be and is hereby directed 10 execute a contract on bebalf of the City of Dubuque for the complete performance of the work. 228 Whereas, on the 28th day of Man:h, 1990, plans, specifications, form of contract and estimated cost weIC filed with the City Clerk of Dubuque, Iowa for the Relocation of the Bell StlCCt S-. Sew«. Whereas, notice of hearing on plans, specifications, form 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 bereby approved as the plans, specifications, form of contract and estimated cost for said improve- ments for said project Passed, approved and adopted this 7th day of May, 1990. James E. Brady Mayor Attest: Mary A. Davis City C1erk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Prall Carried by the following vote: Yeas-Mayor Brady, Council Members Deieb, Heckmann, Kluesner, Nicholson, Pratt. Voetberg. Nays-None. Proof of PnbJication certified 10 by the Pnbliaher on Notice 10 Bidders of the Receipt of Bids for the project and coounun- ication of City Mannger recommending 10 award contract for project 10 Tscmggfrie Excavating, presented and read. Council Member Voetberg 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 Deieb, Heckmann, Kluesner, Nicholson, Pratt. Voetberg. Nays-None. RESOLUTION NO. 181-90 AWARDING CONTRACT Wbereas, scaled proposals have been sub- mitted by conttaCtors for the Relocation of the Bell StlCCt S-. Sewer pursuant 10 Resolution No. 121-90 and notice 10 bidders published in a newspaper published in the City of Dubuque, Iowa on the 6th day of April, 1990. Whereas, said scaled proposals weIC opened and read on the 26th day of April, 1990 and it has been determined that the bid BE IT FURTHER RESOLVED: That opon the signing of said contract and the approval of the contractor's hond, the City Treasurer is authori:œd and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 7th day of May, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Prall Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Voetbetg. Nays-None. Proof of Publication certified 10 by the Publisher on Notice of Hearing on Plans and Specifications for the Purchase of Traffic Signal Controllers - 1990, presented and read. There were no written ol!jections re- ceived and no oral ol!jectors present at the time of the Hearing. Council Member Voetberg moved that the proof of publication be received and fIled. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Voetbetg. Nays-None. RESOLUTION NO, 183-90 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS. Wbereas, on the 28th day of Man:h, 1990, plans, specifications, form of contract and estimated cost weIC fIled with the City Clerk of Dubuque, Iowa for the PurchaSe ofTraffic Signal Controllers - 1989. Regular Session, May 7, 1990 229 Whereas, notice of hearing on plans, specifications, form 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: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improve- ment be awarded 10 Brown Traffic Products, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perfor- mance of the work. 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. BE IT FURTHER RESOLVED: Passed, approved and adopted this 7th day of May, 1990. That upon the signing of said contract and the approval of the contractor's bond. the City Treasurer is authori:œd and instructed 10 return the bid deposits of the unsuccessful bidders. Attest: Mary A. Davis City Clerk James E. Brady Mayor Passed, approved and adopted this 7th day of May, 1990. Attest: Mary A. Davis City Qerk James E. Brady Mayor Council Member Voetbetg moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbetg. Nays-None. Proof of Publication certified 10 by the Publisher on Notice 10 Bidders of the Receipt of Bids for the project and commun- ication of City Manager recommending to award contract for project 10 Brown Traffic Products, Inc., presented and read. Council Member Vnetberg moved that the proof of publication and communication be received and fIled. Secouded by Cooncil Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Proof of Pnblication certified 10 by the Publisher on Notice of Hearing on Plans and Specifications for the Relocation of the Third Street Railroad Spurline, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Voetbetg 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, Prart, Voetberg. Nays-None. RESOLUTION NO. 184-90 AWARDING CONTRACT Whereas, sealed proposals have been sub- mitted by contractors for the Pnrebase of Traffic Signal Controllers - 1990 pursuant to Resolution No. 127-90 and notice to bidders published in a newspaper publisbed in the City of Dubuque, Iowa on the 13th day of April,1990. RESOLUTION NO. 185-90 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS. Whereas, on the 11th day of April, 1990. plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Relocation of the Third Street Railroad Spurline. Whereas, said sealed proposals were opened and read on the 1st day of May, 1990 and it has been determined that the bid of Brown Traffic Products, Ino. of Daven- port. Iowa in the arnoont of $46,390.00 was the lowest bid for the fnrnishings of all labor and materials and performing the work as provided for in the plans and specifications. Whereas, notice of hearing on plans, specifications, form of contract. and esti- mated cost was published as required by law. 230 Regular Session, May 7,1990 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 7th day of May, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetbetg moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deicb, Heckmann, Kluesner, Nicholson, Prart, Voetberg. Nays-None. Proof of Publication certified 10 by the Pnblisher on Notice 10 Bidders of the Receipt of Bids for the project and commun- ication of City Mannger reoommending 10 award contract for project 10 River City Paving, Inc., presented and read Council Member Voetberg 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. 186.90 AWARDING CONTRACT Wbereas, sealed proposals have been sub- mitted by con- for the Relocation of Third Street Railroad Spur pursuant 10 Resolution No. 159-90 and notice 10 bidders published in a newspaper publisbed in the City of Dubuque, Iowa on the 20th day of April, 1990. Whereas, said sealed proposals were opened and read on the 1st day of May, 1990 and it has been determined that the bid of River City Paving, Inc. of Dubuque, Iowa in the amonnt of $196,847.01 was the lowest bid for the furnishings of all labor and materials and performing the work as pr0- vided for in the plana 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 10 River City Paving, Inc. and the Mannger be and is hereby directed to execute a conlIact 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 hond, the City Treasurer is authori:œd and inslrUcted to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 7th day of May, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetbetg 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, Prart, Voetbetg. Nays-None. Communication of City Mannger recom- mending 10 set a public hearing on the vacation of portion of Main Scree! south of Railroad A venue and 10 dedicate this vacated street 10 the Chicago Central and Pacific Railroad for May 21, 1990, presented and read. Council Member Voetberg moved that the communication be received and fIled. Seconded by Council Member Nicholson. Carried by the following vote: Ycas-Mayor Brady, Council Members Deich, Heckmann, Kluesnc:z, Nicholson, Pratt. Vcetherg. Nays-None. RESOLUTION NO. 187.90 RESOLUTION APPROVING PLAT OF A VACATED PORTION OF 64 FOOT WIDE MAIN STREET; SOUTH MAIN FROM A POINT 93.08 FEET SOUTHERLY OF THE SOUTH PROPERTY LINE OF RAILROAD A VENUE ALONG THE EAST PROPERTY LINE OF MAIN STREET SOUTHERLY TO THE SOUTHERLY PROPERTY LINE OF LOT I OF LOT I ALL OF BLOCK 28 OF DUBUQUE HARBOR COMPANY'S ADDmON AND LOT 2 OF D & P RAILROAD GROUND. Whereas, there bas been presented 10 the City Council of the City of Dubuque, Iowa a plat dated 23Jd day of January, 1990, Rejlular SeSsion, May 7, 1990 231 prepared by the Iowa Department of Trans- portation, describing the vacated portion of said streets; and Wbereas, said plat conforms 10 the laws and statutes pertaining therelo. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the plat dated 23Jd day of January, 1990, prepared by the Iowa Depart- ment of Transportation, relative 10 the real estate hereinahove described be and the same is hereby approved and the Mayor and City Clerk be and they are bereby authori:œd and directed 10 execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authori:œd and directed 10 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 7th day of May, 1990. Attest: Mary A. Davis City Clerk James E. Brady Mayor LOT I OF BLOCK 28, DUBUQUE HARBOR COMPANY'S ADDITION. Wbereas, the Iowa Department of Trans- portation bas requested the vacation of a portion of Main Street and conveyance 10 the Chicago Central and Pacific Railroad Company; and Wbereas, the Iowa Department of Trans- portation has prepared and submitted 10 the City Council a plat showing the vacated portion of Main Street and assigned a lot number thereof, which hereinafter shall be known and described as Lot A of Lot I of Lot I of Block 28 of Duhoque Harbor Company's Addition in the City of Dubuque, fowa; and Wbereas, the City Council of the City of Dubuque, Iowa, has determined that this portion of Main Street is no longer required for public use and vacating and sale of said portion of Main Street known as Lot A of Lot I of Lot I of Block 28 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 10 dispose of its interest in Lot A of Lot I of Lot I of Block 28 of Dubuque Harbor Company's Addition in the City of Dubuque, Iowa and 10 convey this property to the Chicago Central and Pacific Railroad. Section 2, That the conveyance of Lot A of Lot I of Lot I of Block 28 of Dubuque Harbor Company's Addition in the City of Duhoque, Iowa, be contingent upon the petitioner's paying for platting, publication and fIling fees. Section 3. That the City reserves unto itself a J'OIPOtnsI easement includiog the right of ingress and egress thereto, for the pllIpOse of erecting, insta1Iing, conslrUction, reoonslrUcting, repairing, owning, operating, and maintaining water sewer, drainnge, gas telephone, t.v. cable and electric lines as may be authori:œd by the City of Dubuque, Iowa. Section 4. That the City Clerk be and is hereby authori:œd and directed to publish a notice of intent of an interest in City properties. Passed, approved and adopted this 7th day of May, 1990. Council Member Voetbetg moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Y cas-Mayor Brady, Conncil Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. An Ordinance Vacating a Portion of Main Street. presented and read. Council Member Voetbetg 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 10 the meeting at which it is to be finally adopted be sus- pended and further moved that a Public Hearing be beld on the Proposed Ordinance on the 21st 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 Nicholson. Carried by the following vote: Y cas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 188-90 RESOLUTION DISPOSING OF CITY INTEREST IN LOT A OF LOT I OF 232 Regular Session, Ma~ 7, 1990 James E. Brady Mayor Atteat Mary A. Davis City C1erk Council Member Voetberg IOOved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Ycaa-MayorBrady, Council Members Deich. Heckmann. Kluesner, Nicholson, Pratt. Voctberg. Naya-None. Communication of City Manager request- ing a public bearing on the Loan Agreement with FiIst National Bank 10 finance con- struction of the Fairway Irrigation System at Bunker Hill Golf Course, ptcaented and read. Council Member Voetberg IOOVed that the communication be received and fIled. Seconded by ColDlcil Member Pratt Carried by the following vote: Yeas--Mayor Brady, ColDlcil Membcn Heckmann, Kluesner, Nicholson, Pratt. Voetberg. Nays-Council Member Deich. RFSOLUTION NO, 189.90 FIXING DATE OF HEARING ON BANK LOAN. Whereas, the City Council of the City of Dubuque,lowa. bas given ita approval in the FY '91 Capilallmprovement Program bud- get for the constrUction of a fairway inigation system at the Bunker Hill Golf Course, and Whereas, in order 10 provide for payment of the inigation system it is necessary 10 obtain a bank loan, and Whereas, a loan agreement bas been reached with First National Bank of Dubuque, in the amount of $110,000, and Whereas, repayment of the bank loan will come ITem golf fees, NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That on the 21st day of May, 1990, a public bearing will he be1d at 7:30 p.m. in the Pnblic library Auditorium, at which time intereSted persona may appear and be heard for or against the ¡xopooed loan agreement and the City Clerk be and is hereby directed 10 cause a notice of time and place of such bearing 10 be published in a newspa¡>cr having general circulation in the City of Dubuque, Iowa, which notice shall be not --- ---- leas than four days nor more than twenty days prior 10 the day fixed for its con- sideration. Passed, adopted and approved this 7th day of May, 1990. James E. Brady Mayor Atteat: Mary A. Davis CityClcrk Council Member Voctberg moved adop- tion of the Resolution. Seconded by Council Member Pratt. Curled by the following vote: Yeas-Mayor Brady, Cooncil Members Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Council Member Deich. Communication of City Manager submin- ing bidding process for the Cleaning, Repairing and Painting of the 1.4 MMG Park Hill Waœr Storage Tank. presented and read. Council Member Voctberg IOOved that the communication be received and fIled. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Voctberg. Nays-None. RESOLUTION NO. 190-90 PRELIMINARY APPROVAL OF PLANS AND spECIFICATIONS. Whereas, the proposed plans, specifi- cations and form of conttact for the cleaning, repairing and painting of the 1.4 MMG Park Hill water storage tank - Dubuque, Iowa, in the estimated amount of $205,000 have been prepared by the AEC Engineers and Designers under the direction of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Sedinn L The ¡xopooed plans, speci- fications and form of conlIaCt are approved and ordered fIled in the office of the City Clerk for public inspection. Passed, approved and adopted this 7th day of May, 1990. James E. Brady Mayor Atteat: Mary A. Davis City Clerk Regular Session, May 7, 1990 Council Member Voetbetg moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Y cas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicbolson, Pratt. Voetbetg. Nays-None. RESOLUTION NO. 191-90 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS. Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval of the proposed plans, specif- ications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the cleaning, repairing, and painting of the 1.4 MMG Park Hill water stornge tank - Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Sectlnn 1. That on the 18th day of June, 1990, a public hearing will be held at 7:30 p.rn in the Pnblic Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of conlIact and cost of said improvement. and the City Clerk be and is hereby directed 10 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 fOOT days nor more than twenty days prior 10 the day fixed for its consideration. At the hearing, any interested person may appear and file objections 10 the proposed plans, specifi- cations, form or contract. or estimated cost of the improvement. Passed, approved and adopted this 7th day of May, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg IOOved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Y cas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 192-90 ORDERING BIDS 233 NOW, THEREFORE, BE IT RESOLVED BY THE ClTY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That the cleaning, repairing and paintiog of the 1.4 MMG Park Hill water slorage tank - Dubuque, Iowa, is hereby ordered to be advertised for bids for constrUction. Section 2, That the arnountofthc security 10 accompany each bid shall be in an amount which shall conform 10 the provisions of the notice 10 bidders hereby approved as part of the plans and specifications herelofore adopted. Section 3. That the City Clerk is hereby directed 10 advertise for bids for the con- struction of the improvements herein pro- vided, 10 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 6th day of June, 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 18th day of June, 1990. Passed, approved and adopted this 7th day of May, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Secooded by Council Member Nicbolson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicbolson, Pratt, Voetberg. Nays-None. Communication of City Manager recorn- mending 10 set May 21, 1990 10 consider a Budget Amendment for Fiseal Year 1990, presented and read. Council Member Kluesner IOOved 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, Prart, Voetberg. Nays-None. RESOLUTION NO. 193-90 RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH PROPOSED AMENDMENT TO THE FISCAL YEAR 1990 BUDGET AND DATE OF PUBLIC HEARING. 234 Regular SessIOn, May 7,1990 Whereas, it ù proposed that the City of Dubuque amend ib Fiaea1 Year 1990 budge~ and Whereas, Section 384.16 of the Code of Iowa stipulates that a public hearing must be held on such a bndget amendmenL NOW, TIIEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sedion 1. That the City Clerk be and is hereby authori:œd and directed 10 publish notice of public hearing on an amendment 10 the adopted budget for the City of Dubuque, Iowa. Passed, approved and adopted this 7th day of May, 1990. James E. Brady Mayor Atteat: 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 Mcnbers Deich, Heckmann, Kluesner, Nicholson, Prart, Voetberg. Nays-None. Communication of City Manager sub- mitting Uniform Building Code and request- ing public hearing be held on May 21, 1990, presented and read. Council Member Kluesner 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, Prart, Voetberg. Nays-None. An Ordinance Amending Code of Ordi- nances by repealing Section 11-1 and Section 11-2 and enacting new Sections in lieu therecf pertaining 10 revising and re- enacting a Building Code for the City of Dubuque, Iowa and providing for the ùsuance of permib and collection of fees therefrom. presented and read. Council Member Kluesner moved that this be consideted the first reading of the Ordinance, and that the reqnirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior 10 the meeting at which it is 10 be finally adopted be suspended and further moved that a Publie Hearing be held on the Propoted Ordinance on the 21st day of May, 1990, at 7:30 p.m. in the Pnblic Library Auditorium and that the City Clcrl: publish notice in the ltWlDer 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 sub- mitting Uniform Mecbanieal Code and requesting a public hearing be held on May 21, 1990, presented and read. Council Member Kluesner moved that the commun- ication 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. An Ordinance Amending Section 24-1 of the Code of Ordinancea by repealing Section 24-1 relating 10 the adoption of the Dubuque Mechanieal Code and by adopting in lieu therecf a new Section 24-1 relating to the adoption of a revised Duhoque Mechanieal Code, presented and read. Council Member Klnesner moved that this be considered the first reading of the Ordinance, and that the reqnirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior 10 the meeting at which it is 10 be finally adopted be sus- pended and further moved that a Public Hearing be held on the Proposed Ordinance on the 21at day of May, 1990 at 7:30 p.m. in the Pnblic Library Auditorium and that the City Clerk publish notice in the manner pre- scribed by law. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prart, Voetberg. Nays-None. Communication of City Manager recom- mending action 10 designate property at 2217 Queen SlIeCt as Sacred Heart Revitalization Area 10 be known as "Martha', Haus", 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, 194-90 RESOLUTION: I) FINDING THAT THE REHABILITATION OF THE SACRED HEART REVITALIZA- TION AREA IS NECESSARY IN THE INTEREST OF TIlE PUBliC HEALlli,SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY; 2) DETERMINING THAT SAID AREA MEETS THE ELIGIBILITY Regular SeSSion, May 7,1990 REQUIREMENTS OF SECTION 404.1 OF THE CODE OF IOWA; 3) ACKNOWLEDGING A PROPOSED PLAN FOR THE SACRED HEART REVITALIZATION AREA; 4) PROVIDING FOR A PUBliC HEARING AND PUBLISHED NOTICE; AND 5) WAIVING NOTI- FICATION OF OCCuPANTS BY ORDINARY MAIL. Whereas, Martha's Haus, Inc., owners of property commonly known as the former Sacred Heart Convent proposed 10 substan- tially rehabilitate the former convent as an apartment building for elderly residents; and Whereas, the City of Dubuque has been requested to assist in such rehabilitation by designaring the property as an urban revit- alization area which would allow for pro- perty tax exemptions; and Wbereas, Chapter 404 of the Code of Iowa. the Urban Revitalization Act, rcqnires that before an area is designated as an urban revitalization area the City Council must adopt a resolution finding that the rehab- ilitation, conservation or redevelopment of the area is necessary in the interest of the public health, safety, or welfare of the residents of the City and that tbe area meets the eligibility criteria of the act. and further the City must prepare a proposed plan for the designated revitalization area and sche- dule and hold a public hearing on said revitalization plan; and Wbereas, the area proposed for designation under the Urban Revitalization Act io its current deteriorating state is a detriment 10 the public health and safety, constitutes both an economic and social liability and, if left unrehabililated, would substantially impair the City's growth and ability to provide adequate housing facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the rehabilitation of the hereinafter described area is found to be necessary in the interest of the public health, safety or welfare of the residents of the City, which area is described as follows: Lot I of Sacred Heart Place in the City of Dubuque, Iowa, commonly known as 2217 Queeo Street. Dubuque, Iowa 52001. Section 2. That the Sacred Heart revitali- zation areas as described above meets the eligibility criteria of Section 404.1 of the Code of Iowa. 1989. SectIon 3. That the proposed Urban Revitalization Plan, Sacred Heart Revitaliza- tion Area, attached berelo, shall be a matter of record and shall be available for public inspection in the office of the City Oerk at City Hall, 13th and Centra], Dobuque, Iowa. Section 4, That a public hearing shall be held by the City Council on said plan on May 21, 1990. Section 5. That official notice of the pendency of said plan and the public heariog shall be a true copy of this resolution, bot without attachments referred 10 herein. Section 6. That the City Clerk is hereby authori:œd and directed to secure pnblication of said official notice in the Telegraph Herald, a newspaper of general circulation in the community, by publication of the text of this resolution on or before the ]4th day of May, 1990. Section 7, That the City Council does hereby determine that as there are currently no occupants within the proposed area that the requirement for notification by ordinary mail be waived as permitted by Section 404.2, 3, of the Code of Iowa, 1989. Passed, approved and adopted this 7th day of May, ]990. Anest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Voetbetg moved adop- tion of the Resolution, setting it for Public Hearing on May 21, 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 Couocil Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich. Heckmann, Kluesner, Nicholson, Pratt, Voetbetg. Nays-None. Petition of Raben Roethig containing approx. 450 signatures requesting consider- ation be given 10 reducing the sewer charge on SUmmer water bills. presented and read. Mr. Roethig spoke. Council Member Pratt moved that the petition 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. -- 235 Regular Session, May 7, 1990 "CO Performance Standards. The develop- ment and maintenance of uses in the ID Institutional District shall be established in conformance with the following standards, as well as with the regulations of Section 3-5.2 of the ID Institutions! District: I) Consttuction of the northeast parking structure will be completed prior 10 the building expansion for Mercy Health Center. Construction of this parking sttucture shall commence by June 1990. Construction of this building expansion shall commence in 1990, with completion in 1993. 2) Construction of the northwest parking structure will be completed prior to the building expansion for Medieal Associates Clinic. Construction of this parking structure and building construction sball commence in 1993, with completion in 1996. 3) Mercy Health Center and Medieal Associates Clinic will report 10 the City Council by June, 1991, as 10 the results of a parking study for the ID Institutional Dis- triCL Section 2. That this ordinance sball become a part of the Mercy Health Center/Medieal Associates Clinic ID Institutional District and shall be in effect immediately upon publication as provided by law. Passed, approved and adopted this 7th day of May, 1990. James E. Brady Mayor 236 Communication of Daniel Block, Chair- peøon of Dubuque Dock Boani requesting 10 address the Council with some of their concerns and issues, presented and read. Dan Block spoke, requesting clarification and going on record requesting them not 10 deCease the Dock BoanI; wanting 10 focus on development and beautification of the water ITon~ thus needing a separate board 10 do this. Council Member Kluesner moved that the conununication be received and fIled. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deicb, Heckmann, Kluesner, Nicholson, Pratt. Voetherg. Nays-None. Communication of City Manager request- ing an extension of the construction schedule for the ID institutional District for Mercy Health Center and Medieal Associates Clinic, presented and read. Council Member Voetberg moved that the communication be received and fIled. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Voetberg. Nays-None. An Ordinance Repealing Section 3(C) of Ordinance No. 3-89 and adopting in lieu therecf a new Section 3(C) thereof to provide for a new construction and expan- sion schedule for the Mercy Health Center/Medieal Associates clinic ID Insti- tutional Distric~ said Ordinance having been presented and read at the Council Meeting of May 7, 1990, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 38-90 AN ORDINANCE OF THE CITY OF DUBUQUE. IOWA REPEALING SECTION 3(C) OF ORDINANCE NO. 3-89 AND ADOPTING IN LIEU THEREOF A NEW SECTION 3(C) THEREOF TO PROVIDE A NEW CONSIRUCTION AND EXPANSION SCHEDULE FOR THE MERCY HEALTH CENTER/MEDICAL ASSOCIATES CLINIC ID INSTITUTIONAL DlSlRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Sedlon 1, That Ordinance No. 3-89 for the Mercy Health Center/Medieal Associates Clinic is hereby amended by repealing Section 3(C) and adopting a new Section 3(C) as follows: ~'" Attest: Mary A. Davis City Clerk Pnblisbed officially in the Telegraph Herald newspaper this 14th day of May, 1990. Mary A. Davis City Clerk Council Member Voetberg that this be considered the fust reading of the Ordinance and that the requirement that a proposed Ordinance be considered and voted on for passage at tWO Council meetings prior 10 the meeting at which it is 10 be finally adopted be suspended and further moved fins! adoption of the Ordinance. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Coon- ciI Members Deicb, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. It 5/14 Regular Session, May 7, 1990 Communication of City Manager address- ing concerns raised by Council at their public hearing of the Electrical Code and communication of Nations! Electrical Contractor Association clarifying their concerns regarding the one-to-one journey- man/he1per ratio in the city's electrical code, presented and read Council Member Voetbetg moved 10 remove this item ITem the table. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Cooncil Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Vœtbetg. Nays-None. Council Member Pratt moved that the communications be received and filed. Seconded by Cooncil Member Kluesner. 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 Sec- tions 18-1 through and including Section 18- 95 therecf and enacting new sections 18-1 and 18-2 in lieu thereof penaining to revising and reenacting an Electrieal Code for the City of Dubuque, Iowa and providing for the issuance of permits and collection of fees therefore. (Tabled ITem meeting of April 16, 1990), presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 39-90 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA 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 REVlSfNG AND REENACTING AN ELECTRICAL CODE FOR THE CITY OF DUBUQUE, IOWA: AND PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR. NOW, THEREFORE,BEITORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sedlnn 1, That Section 18-1 of the Code of Ordinances be amended by repealing Section 18-1 and enacting a new Section 18- I in lieu thereof as follows: 237 Sectlnn 18-1. National Electrical Code Adopted. Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference as the e1ectrieal code of the City that certain electrieal code known as the National Electrieal Code,1990 Edition, as prepared and edited by the Nations! Fire Protection Association of Quincy, Maryland: and the provisions of such electrical code shall be conttolling in the supply of elec- tricity and in the installation, maintenance and use of all electrieal conductors and equipment and installation of optieal fiber cable within the eotporate limits of the city and shall be known as the "Dubuque Elec- trical Code." A copy of the National Electrical Code, 1990 Edition, as adopted, shall be on fIle in the office of the City Clerk for public inspection. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amended by repealing sections 18-2 through 18-95 thereof and enacting a new section 18-2 in lieu therecf as follows: Section 18-2. The code adopted by Section 18-1 of this chapter is hereby amended as follows: Art. 80. Article 80, "Administration" is hereby added as a new article to read as follows: SO.I, TItle. These regulations sball be known as the "Dubuque Electrieal Code" cited as such and will be referred 10 herein as "this code." 80-2. Application to Existing Electrical Systems and EqulpmenL (a) Additions, Alterations or Repairs. Additions, alterations or repairs may be made to any electrical system and equipment without reqniring the existing electrieal system and equipment 10 comply with all the reqnirements of this code, provided the addition, alteration or repair conforms to that required for a new eIectrieal system and eqnipment and provided further that no hil7Md to life, health or safety will be created by such additions, alterations or repairs. Minor additions, alterations and repairs to existing electrieal system and equipment may be made in accordance with the law in effect at the time the origins! installation was made, when approved by the building official. Regular Session, May 7,1990 APPROVFJ> AGENCY is an established and recogni:œd agency regularly engaged in conducting tests or furnishing inspection services. wben such agency bas been approved by the building official. BUILDING CODE is the Uniform Building Code pomulgated by the Inter- national Conference of Building Officials, as ad~ted by this jurisdiction. BUILDING OFFICIAL is lIte officer charged with the administration and enfon:ement of this code, or duly authori:œd representatives, and is the authority baving jurisdiction for this code. CIßEF ELECfRICAL INSPECTOR shall be the person providing expertise for the building official in the area of electrieal regulations. CODE ENFORCEMENT AGENCY is the department. division or agency of this jurisdiction charged with the function of code eoforcement and shall be under the administration and operational control oflbe building official. ELECTRICAL CODE is the Nations! Electrieal Code promulgated by the National Fire Protection Association, as adopted by this jurisdiction. FIREWALL is the same as an area separation wall as used in the Building Code. LiSTED and LiSTING are terms referring 10 equipment and materials which are shown in a list published by an approved testing ngency, qualified and eqnipped for experimenlal testing and maintaining an adequate periodic inspection of current productions and whose listing states that the equipment complies with nationally recogni:œd safety standards. MULTIPLE OCCUPANCY BUILDING is a building having more than one tenant and may be of single or mixed use groups as classified by the building code. OCCUPANCY is the purpose for which a building, or part therecf, is used or intended 10 be used. BO-4. Cnonicting Provislnos. Where, in any specific ease, different sections of this code specify different materials, methods of construction or other reqnirernents, the most restrictive shall govern. BO-5, Alternate Materials and Metbods or Cnostructino. Tbe povisions of this code 238 (b) Existing Installations. Electrieal sysll:mS and equipment lawfully in existence at the time of the adoption of this code may have their use, mainteoanœ or repair con- tinued If the use, maintenanee or repair is in a<:ootdance willi the origina1 design and no hazard 10 life, heallb or property bas been ereated by such electrical system and equip- ment. (c) Changes in Building Occupancy. Electrieal systems and equipment whicb are a part of any building or structure under- going a change in nse or occupancy, as defined in the Duhoque Building Code, shall COIJ1'ly with the reqnirernents of this code which are applicable 10 the new use or occupancy. (d) Maintenance. All electrieal systems and equipment. hoth existing and new, and all parts thereof sball be maintained in a proper operating condition in accordance with the original design and in a safe and hazard-free condition. All devices or safe- gnards which are required by this code shall be maintained in conformance with this code. The owner 0< designated agent shall be responsible for lIte maintenance of the electrieal system. To determine compliance with this subsection, the building official may cause any electrieal system 10 be rein- spected. (e) Moved Building. Electrieal systems and equipment which are a part of buildings or slIUCtures moved inlo or within this jurisdiction shall comply with the provisions of this code for new installations. BO.3. Deßnltions. General, For the pwpose of theae provisions, cer18in terms, phtases, words and their derivatives shall be construed as specified in this section. Where tenDS are not defined, thcy shall have their ordinarily accepted meanings within the context willi which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, CO )yright 198~ aha1l be considered as providing ordinarily accepted meanings. Words used in the singular inclode the plural and the plora1 the singular. Words used in the masculine geoderinclude lIte feminine and the feminine the masculine. APPROVFJ>, as 10 materials, equipment and method of construction, refen 10 approval by the building official as the result of investigation and tests conducted. or by reason of accepted principles or tests by recogni:œd authorities, tecbnieal or scientific organizations. Regular SessIon, May 7, 1990 are not intended to prevent the use of any material or method of construction not speci- ficaliy prescribed by this code, provided any alternate has been approved and its use authori:œd by the building official. The building official may approve any alternate, provided it is found that the proposed design is satisfactory and complies with the provisions of this code and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in suitability, strength, effectiveness, fire resistance, dwability and safety. The building official shall require that sufficient evidence or proof be submitted 10 substantiate any claims reganling the use of alternates. Tbe details of any action gtanting approval of an alternate shall be recorded and entered in the fIles of the code euforce- ment agency. 80-6, Modificallnos. Whenever there are practieal difficulties involved in canying out the provisions of this code, the building official may grant modifications for indi- vidns! cases, provided it is found that a special individns! reason makes the strict letter of this code impractieal and the modification is in conformity with the intent and purpose of this code, and Ibat such modification does not lessen health, life and fire safety requirements. The details of actions granting nxxIifications shall be recorded and entered in the fIles of the code enforcement agency. 80-7, T..ts. Whenever there is insuffi- cient evidence of compliance with any of the provisions of this code or evidence that materials or constructioo do not conform 10 the requirements of this code, the building official may require tests as evidence of compliance 10 be made at 00 expense to this jurisdiction. Test methods shall be as specified by this code or by other recognized test standards. In the absence of recogni:œd and accepted test methods for the proposed alternate, the building official shall determine test pr0- cedures. All tests shall be made by an approved ngency. Reports of such tests shall be retained by the building official for the period required for the retention of public records. Art 81. Article 81, "Organization and Enforcement" is hereby added as a new article 10 read as follows: - - 81.1. Powers and Dull.. or Building Omclal. (a) General. The building official, is hereby authori:œd and directed 10 enforce all the provisions of this code. For such pur- poses, the building official shall have the powers of a law enforcement officer. Tbe building official shall have the power 10 render inletpretations of this code and 10 ad~t and enforce rules and regulations supplemenlal 10 this code as deemed neces- sary in order 10 clarify the application of the provisions of this code. Such intetpretations, rules and regularions shall be in conformity with the intent and pllIpOse of this code. (b) Deputies. In accordance with pre- scribed procedures and with the approval of the appointing authority, the building official may appoint a chief electrieal inspector and other related technieal officers and inspectors and other employees as shall be authori:œd from time 10 time. (c) Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the building official or authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation whicb makes such building or premises unsafe, dangerous or hazardous, the building official or autho- ri:œd representative may enter sucb building or premises at all reasonable times 10 inspect the same or 10 perform any duty imposed upon the building official by such codes, provided that if such building or premises be occupied, the building official shall first present proper credentials and request entry. If such building or premises is unoccupied, the building official shall first make a reasonable effort to locate the Owner or other persons having charge or conlrol of the building or premises and request entry. If entry be refused, the building official or authori:œd representative shall have recourse 10 every remedy provided by law to secure entry. When the building official or authori:œd representative shall have first obtained a proper inspection Warrant or other remedy provided by law to secure entry, no owner or occupant or any other penons having charge, care or control of any building or premises shall fail or neglect. after proper request is made as hereio provided, 10 promptly permit entry therein by the building official or authori:œd representative for the purpose of inspection and examination pursuant 10 this code. 239 240 Regular SessIOn, Ma-.I 7,1990 (d) Slop 0tdcrL Whenever any work is boin8 done cœ1J8ty 10 the provisions of this code. 1M building official may order the wod< slopped by notice in writing served on any persona engapl in die doing or causing such wod< to he clone, and any sucb persons sba1l fcatbwidl slop aucb wod< unlil autho- rized by the bnilding official 10 proceed with theworl:. (e) Authority to Dis<:onncct Utilities in Emot]Iencica, The bnilding official or audio- rized represen1alive aba1l have 1M authority to disconnect any electric power or energy service supPied 10 the building, strUCture or building service equipment thctcin regulated by this code in cue of emot]lency where neceasary 10 eliminate an immediate bazard 10 life or property. The building official sba1l wbenever possible notify the serving utility, the owner and occupant of the building, strUCture or electriealsystem or equipment of the decision 10 disconnect prior 10 taking such action, and sba1l notify sucb serving utility, owner and occupant of 1M building, strUCture or building aervice equipmen~ in writing, of such disoonnection immediately thereafter. (I) Authority 10 Condemn Electrieal System and EquipmenL Wbenever the build- ing official ascertains that any electrieal system or equipment regulated in this code bas bceorne hazatdous 10 life, health or property, 1M hoilding official shall order in writing that sucb electrieal system or equipment cidler he removed ar restored 10 a safe condition, whichever is appropriate. The wriucn notice itself shall fix a time limit for compliance with such order. No person sba1l use ar maintain defective electrieal syslcD1s or equipment after receiving such notice. When aucb equipment or installation is 10 he disconnected. a written notice of sucb disconnection and causes therefor sba1l he given within twenty-four (24) boors of the order 10 disconnect 10 die serving utility, the owner and occupant of such bnilding, strUC- ture or premises. When any electrieal system or equipment is maintained in violation of this code and in violation of any notice issued pursuant 10 the provisions of this section, the building offi- cial aba1l inatibllc any appropriate action 10 preven~ resttain, concct or abate 1M viola- tiOlL (g) Counection after Order 10 Disconnect. No person sba1l make connections ITem any energy or power supply nor supply power 10 any electriealsystem or equipment which bas been disconnected or ordered 10 he discon- nected by the building official ar the use of which bas been ordered 10 he discontinued by the bnilding official unlil the building official authorizes the reconnection and use of such electrical system or equipmenL (b) Liability. The bnilding official, or authori:œd representative charged with the enforcement of this code, acting in good faith and withoot malice in the discharge of duties, shall not thereby he rendered per- aona1ly liable for any damage that may accrue 10 persona or property as a result of any act or by reason of any act or omission in the discharge of duties. Any suit brought against the bnilding official or employee because of such act or omission performed in the enforcement of any provision of such codes or oth.. pertinent laws or ordinances implemented through the enfotCCment of this code or enforced by the code enforcement agency shall be defended by this jurisdiction unlil final termination of such proceedings, and any judgment resulting thereITem shall be assumed by this jurisdiction. This code sball not be constrUed to relieve ITorn or lessen the responsibility of any person owning, operating or controlling any bnilding or strUcture for any damages 10 persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorizOO by this code or any permits or certificates issued under this code. (i) Cooperation of OIMr Officials and Officen. The bnilding official may request. and sball receive so far as is n:qnired in the discharge of duties, the assistance and conpcrarion of oth.. officials of this jurisdiction. 81-2. Unsafe FJedrieal Systems or EqulpmenL All electrieal systems or equip- ment regulated by this code which are un- safe, or whicb constitute a fire hazard, or are otherwise dangerous 10 buman life are, for the porpose of this section, unsafe. Any use of electrieal systems or equipment regulaled by this code constiblting a hazard 10 safety, health or public welfare by reason of inade- quate maintenance, dilapidation, obsole- scence, fire hazard, disasler, damage or abandonment is, for the purpose of this section, an unsafe use. All such unsafe electrieal systems or equipment are hereby declared 10 be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Regular Session, May 7, 1990 Chapter I of the Cnde of Ordioances. As an alternative, the bnilding official or other employee or official of this jurisdiction as designated by the governing body may insti- tute any other appropriate action 10 prevent. resttain, correct or abate the violation. 81.3. FJectrlcaJ Code Board. (a) Board Established. In order 10 deter- mine the snitability of alternative materials and methods of installarion; 10 provide for reasonable interpretations of the Electrieal Code; to serve as an appeal body for the decisions of the Building Official; 10 advise the City Couoci1 on all electrieal regulations and procedures; and 10 provide for examin- ing applicants for Electrical Contractor's registration, Electrieal Maintenance and Journeyman Electrician certificates of competency and issuing Electrical Con- tractor's registration and Electrieal Main- tenance and Journeyman certificates of competency, there is hereby created the Electrical Code Board. 241 shall continue 10 serve in their full capacity until their successor has been duly appointed. (5) Meetings. The electrical code board shall meet at least once every three (3) months upon cali of the chaùperaon, secre- tary or city manager. Members of the elec- trieal code hoard sba1l attend at least two- thirds of all scheduled meetings within a twelve month period. If any member does not attend such prescribed number of meet- ings, it sball constitute grounds for the hoard 10 recomrneud 10 the city council that said member be replaced. (6) Attendance. The attendance of all members shall be enlcred on the minutes by the secretary. (7) Conformity with open meetings law. All meetings shall be held in confor- mance with provisions of the fowa Opeo Meetings Law. (8) Minutes. The electrieal code hoard shall fIle with the city council a copy of the (b) Membership. The Electrieal Code minutes of each meeting of the board within Board shall consist of five (5) members ten (10) working days after such meeting. appointed by the City Council. One member shall be a representative of the public hold- (9) Admitùstrative policies. All admini- ing no electrieal registration; one shall be an strative, personnel, accounting, budgetary, electrieal engineer, one shall be a registered and procedural policies of the city shall electrical contractor, and two members shall govern the electrical code board in all of its hold certificates of competency as journey- operations. man electricians or maintenance electricians. (10) Duties when serving as an appeals (c) Term of Office. The term of office of board. Any person who is nggrieved by a all Board Members shall be three years. decision of the building official on any reqnirements resulting ITem the enforcement (d) Rules and Regulatioos. The hoard of the electrieal code, may appeal ITem such shall make such rules and prescribe such decision 10 the electrieal code board and said procedures as may be reasonably necessary board shall serve as an appeal board. fn case for its operation, except that such rules shall the aggrieved party is a member of said include the following: 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 made by the person nggrieved, giving written notice of such appeal 10 the bnilding official at the office within seven (7) days of receipt of decision ITom which the appeal is taken. The elcc- trieal code hoard sitting as an appeal board shall meet within ten (10) working days after receiving such notice and render a decision within five (5) working days thereafter. Any interested party, including the building official, shall bave the right 10 present their case 10 the appeal hoard, whose decision shall be final unless appealed 10 the district court as provided by law. (I) Board ChaiIperSon. The chairperson of the hoard shall be a member of the hoard elected annually by a majority of the hoard. (2) Secretary of the hoard. The building official, or designee, shall be secretary of the board. The secretary shall arrange for meetings and prepare and keep such minutes and records and perform such other c1erieal work as the hoard may direct. (3) Quorum. Three (3) members shall constitute a quorum. The concurring vote of three (3) members of the board shall be necessary to pass any motion. (4) Service unlil appointment of suc- cessor. Upon cornpletion of the term of office, members of the electrical code hoard Reijular Session, May 7,1990 243 Regular Session, May 7,1990 Article 82. Article 82, "Permits and Inspections" is hereby added as a new article 10 read as follows: 82-1, (a) Permits Required. Except as specified in Subsection (b) of this section, no electrical system regulated by this code shall be installed, altered, repaired, rep1aced or reroodded unless a separate electrieal permit for each building or strUCture bas first been obtained ITom the building official. (b) Exempt Work. An electrieal permit shall not be reqnired for the following: 1. portable 1m- or other portable appliances energi:œd by means of a cord or cable having an attachment plug end 10 be connected 10 an approved receptacle wben that cord or cable is permitted by this code. 2. Repair or replacement of fixed motors, transfonnet> or fixed approved appli- ances of the same type and rating in the same location. 242 14. A permit shall not be required for the installation, alteration or repair of e1ectrieal wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrieal energy or in the opera- tion of signs!s or the transmission of intelli- gence by a public or private utility in the exercise of its function as a serving utility. (c) Information on Plans and Specifi- cations. Plans and specifications shall be drawn to seale upon substantial paper or cloth and shall be of sufficient clarity 10 indicate the location, nature and extent of the work proposed and show in detail that it wilI conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. The board of appeals may ",verse or modify a decision of the building official unly on finding that: L The building official had ineorrectly interpreted the provision of this code; b. The decision of the building official creates an unnecessary _ship upon the appellant. The board of appeals shall reqnire that sufficient evidence or proof be submitted 10 substantiate any claims made regarding the use of alternates. Exemption horn the permit require- ments of this code shall not be deemed to grant authorization for any work to be done in violarion of the provisions of this code or any other laws or ordinances of this jurisdiction. Plans for buildings more than two stories in height of other than Groups R, Division 3 and M Occnpancies shall indicate how re- quired structural and fire-resistive integrity will be maintained where a penetration wilI be made for electrical and communication couduits, pipes and similar systems. 82-2. Application ror PermiL (a) Application. To obtain a permit. the applicant shall first fIle an application therefore in writing on a form furnished by the code enforcement agency for that pur- pose. Every such application shall: All appea1 bearings shall be con- ducted in accordance with the pr0- cedures specified in this code. (e) Limitations of Authority. The Board of Appeals sball have no authority relative 10 interpretation of the administrative provisions of this code nor sball the Board be empowered 10 waive reqniremenls of this code. In so modifying or reversing sucb deci- sion of the building official, the board of appeals may authorize any alternate 10 the decision of the building official and the provisions, provided it finds the proposed material or method of construction is satis- factory for the use intended and complies ::"':~,p'::::"o~:: :;~~,~::: I porpose intended, at least equivalent 10 1bat prescribed by this code in suitability, slICDgth, effectiveness, durability and safety. 81-4, Violations. It shall be unlawful for any person, firm or corporation 10 erect. construct, enlarge, alter, repair, move, improve, remove, convertor demolisb, equip, use or maintain any electrieal system or equipment or cause or permit the same 10 be done in violation of this code. The doing of any ac~ or the omission of any act. declared 10 be unlawful by this code, or any code or ordinance berein 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 sball be punishable as provided in Chapter I of the Code of Ordinances. The penalty berein provided sball be cumulative with and in addition 10 the revocation, cancellation or forfeiture of any license or permit elsewhere in this code provided for violation therecf. 82-3, Permit Issuance. (a) Issuance. The application, plans and specifications, and other data, fIled by an applicant for permit shall be reviewed by the building official. Such plans may be reviewed by other departments of this jurisdiction 10 vcrify compliance with any applicable laws uuder their jurisdiction. If the building official finds that the work described in an application for a permit and the plans, specifications and other data fIled therewith conform to the requirements of this code and other pertinent laws and ordi- nances, and that the fees specified in Section 82-4. bave been paid, a permit shall be issued therefor 10 the applicant. 1. Identify and describe the work to be covered by the permit for which application is made. 3. Temporary decorative lighting. 4. Repair or replacement of current- canying parts of any switcb, contactor or control device. 5. Reinstallation of attacbment plug receptacles, but not the outlets therefore. 6. Repair or replscement of any over- current device of the reqnired capacity in the same location. 7. Repair or replacement of electrodes or transformetS of the same size and capacity for signs or gas tube systems. 2. Describe the land on which the pro- posed work is 10 be done by legal descrip- tion, street address or similar description that wilI readily identify and defmitely locate the proposed building or work. 3. Indicate the use or occupancy for which the proposed work is inteoded. When the building official issues the permit where plans are required, the plans and specifications shall be endorsed in writing or stamped "Approved." Such approved plans and specificatioos shall not be changed, modified or altered without authorizations horn the building official, and all work shall be done in accordance with the approved plans. 4. Be accompanied by plans, diagyams, computations and specifications and other data as reqnired in Subsection (b) of this section. 5. Be signed by perminee, or autho- ri:œd agent. 8. Taping joints. 9. Relmval of electrieal wiring. 10. Temporary wiring for experimental purposes in suitable experimental laboratories. 11. The wiring for temporary theater, motion picture or television stage sets. 12. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. 13. Low-energy power, control and signs! circuits of Classes" and III as defined in this code. 6. Give such other data and information as may be reqnired hy the building official. The building official may issue a permit for the construction of part of an electrical system before the entire plans and specif- ications for the whole system have been submitted or approved, provided adequate information and detailed statements bave been fIled complying with all pertinent reqnirements of this code. The holder of such permit shall proceed at personal risk without assurance that the permit for the entire building, structure or building service will be granted. (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 reqnire plans, computa- tions and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such. Exception: The building official may waive the submission of plans, ealculations, etc., if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obta;n compliance with this code. (b) Retention of Plan~ One set of approved plans and specifications shall be returned 10 the applicant and shall be kept on the site of the building or work at all times dming which the work authori:œd thereby is ,æ", Regular Session, May 7, 1990 of this code whenever the permit is issued in error or on the basis of incorrect information supp1ied, or in violation of any ordinance or regulation of the jurisdiction. 824. Fees. (a) Permit Fees. Tbe fee for each elec- trieal permit shall be as set forth in Table No.13-A. (b) Plan Review Fees. When a plan or other data are required 10 be submiued by Subsection (c) of Section 82-2.. a plan review fee shall be paid as set forth in Table No. 13-A. Where plans are incomplete or changed so as 10 requiJe additional plan review, an additional plan review fee shall be charged at the rate shown in Table No. 13-A. 244 in progress. One set of approved plans, specifications and computations shall be retained by the building official until fina1 approval of the work. (c) Validity of Permit. The issuance of a permit or approval of plans and specifica- tions shall not he conslrUed 10 be a permit for, or an approval of, any violation of any of the provisions of this code, or of any other ordinance of the jurisdiction. No permit presuming 10 give authority 10 violate or can- cel the provisions of these codes shall be valid. The issuance of a permit based upon plans, specifications and other data shall not prevent the building official ITem thereafter reqniring the correction of errors in said plans, specifications and oth.. data, or from preventing building operations being carried on thereunder when in violation of these codes or of any other ordinances of this jurisdiction. I (d) ExpiIation. Every permit issued by the ' building official under the provisions of this code sball expire by limitation and become null and void, if the building or work autb<>- rized by such permit is not commenced within 180 days ITem the date of such permit. or if the work authori:œd by such permit is suspended or abandoned for a period of 180 days following the last inspection of said work. Before such work can be recom- mended, a new permit shall be first obtained so 10 do, and the fee therefor shall be one half the amount required for a new permit for such work, provided no changes have been made or.wiII be made in the origins! plans and specifications for sucb work; and provided further that such suspension or abandonment has not exceeded one year. In order 10 renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding an unexpired per- mit may apply for an extension of the time within which work may commence under that permit when unable 10 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 perind not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action ITem being taken. No permit shall be extended more than once. (e) Suspension or Revocation. Tbe build- ing official may, in writing, suspend or revoke a permit issued under the provisions (c) Expiration of Plan Review. Applica- tions for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may there- after be returned 10 the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action ITem being taken. No applicarion shall be extended more than once. In order 10 renew action, on an application after expira- tion, the applicant shall resubmit plans and pay a new plan review fee. (d) Investigation Fees: Work Without a Permit. 1. Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit. a special investigation shall be made before a permit may be issued for such work. 2. Fee. An investigation fee, in addition 10 the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal 10 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 ITem com- plianee with all other provisions of either this code nor from any penalty prescribed by law. (e) Fee Refunds. Regular SeSSion, May 7, 1990 245 1. The building official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. 2. The building official may authorize the refunding of not more than 80 pen:ent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. The building official may authorize the refunding of not more than 80 pen:ent 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 reviewing is dooe. The building official shall not authorize the refunding of any fee paid except upon written applicatioo fIled by the original permittee not later than 180 days after the date of fee payment. 82-5, Inspections. (a) General. All electrieal systems and equipment for which a permit is required by this code shall be subject 10 inspection by the building official. No portion of any electrical system intended to be concealed shall be concealed until inspected and approved. Neither the building official nor this jurisdiction shall be liable for expense entailed in the removal or replacement of any material required 10 allow inspection. When the installation of an electrieal system and eqniprnent is complete, an additional and final inspection shall be made. EIectrieal systems and equipment regulated by this code shall not be connected 10 the energy source until authori:œd by the bnilding official. (b) Inspection Requests. It shall be the duty of the person doing the work authori;œd by a permit to notify the building official that such work is ready for inspection. The building official may reqnire that every request for inspection be fIled at least one working day before such inspection is desired. Such request may be in writiog or by telephone at the option of the building official. It shall be the duty of the person request- ing inspections required by this cnde 10 pr0- vide access to and means for proper inspec- tion of such work. (c) Operation of EIectrieal Equipment The reqnirements of this section shall not be construed to prohibit the operation of any e1ectrieal system or eqniprnent installed to replace existing equipment. The request for inspection of such equipment must have been fIled with the building official not more than 48 hours after such replacement work is completed and before any portion of such electrieal system is concealed by any permanent portion of the building. (d) Other Inspections. In addition 10 the called inspections required by this code, the building official may make or reqnire other inspections of any work 10 ascertain com- pliance with the provisions of this code and other laws which are enforced by the code enforcement agency. (e) Reinspections. A reinspection fee may be assessed for each inspection or reinspec- tion when such portion of work for which inspection is calied is not complete or when corrections calied for are not made. This provision is not to be interpreted as reqniring reinspection fees the first time a job is rejected for failure 10 comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection. Reinspection fees may be assessed when the approved plans are not readily available 10 the inspector, for failure 10 provide access on the date for which inspection is requested, or for deviating ITem plans requiring the approval of the building official. To obtain a reinspection, the applicant shall fIle an application therefor in writing upon a form furnisbed for that purpose. and pay the reinspection fee in accordance with Table No. 13-A. In instances where reinspection fees have been assessed, no additions! inspection of the work will be performed until the required fees have been paid (I) Monthly Maintenance Inspections. In industria1 plants where experienced elec- tricians are regularly employed and who have charge of the electrieal work in such plants, a monthly inspection shall be made by the building official of the installation of electric wiring, fixtures, appliances, work and materials used in connection with the operation of work in said plant. A record shall be kept at such plants covering the preceding month. This record shall be fIled with the building official each month prior 10 the time set for making regular inspection. Any falsity contained in the reports required 10 be filed with the building official shall Regular Session, May 7,1990 work of installing, senicing, mointaining, altaing and tepairing electrieal devices, appliances and equipment within the stipu- lated confines of property owned or con- trolled by the linn, business or ccmpany by wbom employed. An e1ectrieal maintenance certificate of competency may be issued 10 an individual and will entitle the holder thereof to undertake the work of installing, servicing. mointaining, altering and tepairing electrieal devices, appliances and equipment only within the confines of the property owned by such individual for use or appli- cation 10 such property. Registered means registered under this article, except as otherwise specified. 83-2, Re81stratlnn Required; Exceptions. (a) No person, firm or corporations shall perform any electrieal work as an electrieal contraetor, journeyman electrician or main- tenance electrician in the city unless regis- tered as provided in this article. (b) No Class I electrieal conttactor or Class II electrieal maintenance electrician shall hire or employ any apprenticeJbclper 10 perform any electrieal work unless said apprenticeJbclper is under the direct super- vision of a Class I registtant or Class II or III holder of a certificate of competency. The ratio of apprenticelhelper electricians 10 Class I registtants or Class II or III holders of certificates of competency at any time shall not exceed the ratios given in Table 83- 2. Supervision shall mean the pbysieal pre- sence of a Class I registtant or Class II or III certificate of competency holder on the job site and within visual sight of the appren- ticelhelper who shall be engaged in the same phase of the project as the supervising party. Every person who desires 10 perform the work of an electrieal apprenticeJbclper shall register by name with the building official on such forms as the building official shall prescribe. Employment of an unregistered appren- ticelhelper shall be gJOunds for the suspen- sion or revocation of the employing Class I electrieal con1IaCtor's registration or Class II electrical maintenance certificate of competency. Table 83-2 Maxllnum nurnber of appren- ticelhelper electricians that may be super- vised by Class I registtants or Class II or Class III holders of certificates of competency: 246 subject the pencn, firm or corporation reaponai.blc therefor 10 the penalties provided in this article. Any industria1 plant 10 whorn the provi- sion bereof appliea aball pay 10 the city ten dollars ($10.00) per mouth, or one hundred I twenty dollars ($120.00) per year. 82-6, Connection Approval, (a) En"'llY Connections. An electrieal system or equipment regulated by this code for which a permit is reqnired shall not be connected 10 a SOUICC of en"'llY or power unlil approved by the hoilding official. (b) Temporary Connections. The hoilding official may authorlæ the temporary connec- tion of the electrieal system or equipment 10 the SOUICC of energy or power for the pur- pose of testing the equipmen~ or for use under a temporary Certificate of Occupancy. Article 83. Article 83, "Registration and Examination of Electricians." 83-1, DeIInitions. For use within this article, the fnllowing words and phrases are defined: Apprentice and/or helper shall include any penon who does not hold a license as a journeyman electrician, maintenance electri- cian or contraCtOr and is assisting in the installation, alteration or repair of electrieal work. Electrieal con1IaCtor means any person, firm or corporation who undertakea, or offers 10 undertake 10 plan for, supervise, layout. and do electrieal work for a fixed sum, price, fee, percentage, or other compensation. Electrieal equipment means all e1ectrieal materials, wiring, condnctota, fittings, devices, appliances, fixtures, signs and apparatus or parts therecf. Electrieal work means all installations, alterations, repairs, retOOvals, renewals, repIaœmenta, connections, disoonnections and maintenaoee of all electrieal equipment except as otherwise noted. JolD1leyman electrician means a person having necessary qualification, training, experience and technieal knowledøe 10 do electrieal work in accordance with current electrieal ordinances of the city. Maintenance electrician means a person who has the necessary training, experience and technieal knowledge 10 undertake the Regular Session, May 7,1990 247 Number of Class I registtants Class II or Class III holders of certificates of compe- tency. Maximum nurnber of apprentice/ helpers supervised engage in the business of e1ectrieal contract- ing, and 10 secure permits for the installation, alteration or repair of any electric wiring, device, appliances or eqnipment. (2) Class ll. Electrieal maintenance certi- ficate of competency shall entitle the holder thereof 10 undertake the work of installing, servicing, maintaining, altering and repairing electrieal devices, appliances, and equipment within the confines of property owned or controlled by the linn, business or company employing such registration holder or within the confines of property owned by an individns!. (3) Class III. Jonmeyman electrician's certificate of COmpetency shall entitle the holder therecf 10 undertake the work of installing, maintaining, altering and repairing electrieal devices, appliances and equipment in the employ of an electrical contractor, or the holder of an electrieal maintenance certificate. (4) Class IV. Apprentice¡belper work cert- ificate shall entitle the holder therecf to assist in the installation, alteration or repair of electrieal work. This assistance shall be performed only under the direct supervision of a Class I registered electrieal contractor or a Class II or III holder of a certificate of competency. 834, Exam/nation Required: Applica- tion Fee; Reexamination upon Failure of Examination. Any person desiring 10 be examined for a registration certificate as an Electrieal Contractor or a certificate of COmpetency for Electrical Maintenance or as a Journeyman Electrician by the Electrieal Code Board, as determined by this article, shall make application 10 the Electrieal Code Board on blan.Ica furnished by the Board, seuing forth information necessary 10 estab- lish qualifications as such and payment of an examinarion fee of twenty-five dollars ($25.00) for electrieal contractor's regi- stration; fifteen dollars ($15.00) forelectrieal maintenance certificate of competency and twelve dollars and fifty cents ($12.50) for a journeyman electrician's certificate of Competency. Persons failing an examination, and desiring to take the examination again, must make application for the examination and pay the examination fee as required in the first instance. Persons passing sections of the examinations with a grade of seventy percent (70%) or berter shall not be required to retake those sections unless all sections are not passed within a six month period, in which case all sections shall be retaken. 1 2-3 4-5 6-7 8-9 10-11 12 - 13 14 - 15 16 - 17 18 - 19 I 2 3 4 5 6 7 8 9 10 These ratios may be extracted beyond those given as long as the proportion of supervisors 10 apprenticeJbclpers is constant (c) The owner or owners of a single- family dwelling (or mobile home) inclnding the usns! accessory building and qu_rs used exclusively for living purposes may do such electrieal work without registration as demonstrated by the capability to do, to the building official, providing that the dwelling (or tOObile home) will be occupied by the owner and that a permit is issued as provided in the electrieal code. (d) The provisions of this article shall not apply 10 any regular employee of a public utility who does electrical work for such public utility only, nor shall they apply to the electrieal work of a telephone or tele- graph company, nor the persons, finns or corporarions performing electrieal work for such a company, where such electrieal work is an integral part of the plant used by such telephone or telegraph company in rendering its duly authori:œd service 10 the public, nor to any regular employee of any railroad who does electrieal work only as a part of that employment. (e) Tbe provisions of this article shall not apply 10 the replacement of integral parts of equipment or appliances by firms or persons in possession of a valid certificate of compe- tency, issued previously to the fmn or per- son, by the Building Services Division of the city, under other pertinent city ordinances. 83-3. Classes or ReglslratioIL Four (4) classes of registration are hereby establisbed and certificates therecf shall be issued only upon the direction of the electrieal code hoard, which classes shall be designated respectively as: (I) Class I. Electrieal contractor's regis- tration shall entitle the holder therecf to 248 Regular Session, May 7,1990 83-5. Scope or ...mlD'-. Applicanta for ",gialIadon under this artiele will he examined by the elcctrieal code hoard 10 detmnine their knowledge of the rules and regulations governing the inata1laIion of electric wiring, devices, appliances and equipment u act forth in the statutes of the s..Ie, the ordinances of the city and in the Nationol Electrical Code, (in order) 10 detmnine the. genera1 qnalifications and fitness of cacb applicant for executing the clus of work covered by the registration applied for. 83.6, Reexamioatloo. Sboold an appli- cant for registration under this article fail 10 pass an examination by not obtaining a rating thereon of seventy (70) percent or higher, such applicant may he reexamined, upon submitting an application in writing accompanied by the examination fee, after a perind of sixty (60) days has elapsed ITom the date of the applicant's last previous examination. 83.7. Fees ror Certlnat..; Insurance. Before a certificate of registration is granted 10 any applicant under this article and before an expiring registration is renewed. the appli- cant sball pay 10 the city a fee and, for Class I applicanls only, furnish the required evi- dence of insurance in such an amount as berein specified for the class of registration 10 be granted or renewed as follows: (I) Class I: Twenty-five dollars ($25.00); annual renewal fee, twenty-five dollars ($25.00). (2) Class II: Rfteen dollars ($15.00); annual renewal fee, fifteen dollars ($15.00). (3) Class 111: Twelve dollars and fifty eenta ($12.50); annns! renewal fee, twelve dollan and fifty cents ($12.50). (4) Clus IV: Two dollars ($2.00); annns! renewol fee, twO dollars ($2.00). 83-8, inouraDa! Required. Prior 10 the insurance or renewal of a Oass I Electrieal Contractor's Registration, the applicant shall furnish 10 the building official proof of corn' prebensive gencralliability insurance with a minimum coverage limit of not less than $1,000,000 (one million dollars); said insurance policy 10 he written by an insurer licensed 10 do business in the State of lows. Each Class I Electrieal ContraCtor aba1l also maintain on fIle with the building official a certificate evidencing that the insurer will give the building official fifteen (15) days written notice prior 10 termination or cancellation of the required comprehensive genera1liability insurance. Upon notiee of termination or cancellation of insurance, the building official shall notify the Class I registrant that the Elcctrieal Contractor's RegialIation is revoked effective on the date of termination or cancellation of the required insurance coverage. This revoc- ation can only be stopped by the registrant providing proof of other insurance prior 10 the date of revocation of registration. 83-9. Expiratioo or Registration; Re....ol; Failure to Rene.., I. Each registration shall expire on December thirty-first. following the date of its issue and shall be renewed by the Elec- trieal Code Board upon application of the holder of the registration and payment of the required fees any time on or before January first of each year. Renewal of registration shall not be granted 10 a holder of a registration while indebted 10 the city under the tennS of this article. 2. If there is a lapse of over sixty (60) days ITorn the expiration of a registration renewal, the renewal procedure shall be the same as on an original application. 83.10. SuapenslOD of Permit Privilege ror Multiple Violatloos. Where a registered electrieal contraCtor is found doing electrieal work without an electrical permit on three (3) separate occasions in one ealeodar year, a hearing shall be held by the building offi- cial at which time the permit privileges of said electrieal contraCtor may he suspended for a period of time not 10 exceed one year. The members of the Electrieal Code Board as established by Article 81-3 sball he present at sucb bearings and shall act as advisors 10 the building official in deter- mining what coUtSC of action should he taken. 83-11, Waiver of Examloatloo; Recip- rocity. Any electrical contraCtor coming 10 the city fi-om another city with which the Electrieal Code Board has executed a Recip- rocal Ucensing Agreement. and who can demonalIate compliance with the terms of the agreement. shall, upon approval of the Board. be excused ITom examinarion. All other reqnirernents of this article for regis- tration shall be met prior 10 issuance of a reciprocal n:gistration. Regular SeSSion, May 7,1990 83-12. Display or certlncate. Every holder of a registration, except journeyman electricians and apprentice/helpeta shall have the certificate of registration displayed in a conspicuous place in their principal place of business. Journeyman electricians and apprenticelbelpers shall carry their certificate cards on the job site. 83.13, Transrerablilty. No license may be loaned, rented, assigned or transferred. No holder of a valid license shall obtain a permit under said license and then sub-contract. sell or otherwise assign the work covered by said permit 10 a person or firm who does not bave a valid license. Sectlnn 3. When Effective. This Ordi- nance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 7th day of May, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk TABLE 13.A ELECTBICAL PERMIT FEES Permit Issuance 1. For the issuance of each permit - $10.00 2. For issuing each supplement permit - $5.00 Minimum Fee Schedule Minimum permit fee (in addition to permit issuance fee) - $7.50 System Fee Schedule New resideotial buildin", The following fees shall include all wiring and electrieal equipment in or on each build- ing, or other electrieal eqnipment on the same premises consbucted at the same time: For new multifamily residential bnildings (apartments and condominiums) having 3 or more living units not including the area of garages, carports, and other noncommercial aulomobile slorage areas constructed at the same time, per square foot - .025 For new single and two family residential buildings not including the area of garages, carports and other minor accessory buildings 249 consbucted at the same time, per square foot - .030 Add 50 percent for e1ectrieal beat For uninbabitable areas such as unfinished basements, garages, carports and other types of residential OCCUpancies and alterations, additions and modifications 10 existing resi- dential buildings, use the unit fce schedule. Private swimmin. nools For new private, residentia1, ingreund swimming pools for single family, multi- family occupancies including a complete set of necessary branch circuit wiring, bonding, grounding, underwater lighting, water pumping and other similar electrieal equip- ment directly related 10 the operation of a swimming pool, each - $15.00 Tel11 JOrarv POwer service For a temporary service power pole or pedestal including all pole or pedestal mounted receptacle outlets and appurte- nances, each - $7.50 For a temporary distribution system and temporary lighting and receptacle outlets for consbuction sites, decorative light. Cbrisbnas tree sales lots, fireworks stands, etc, each - $5.00 Unit Fee Schedule Receptacle, switch and li.htin. outlets For receptacle, switch, lighting or other outlets at which current is used or controlled, except services,fcedeta and melers: Fint 20, each - 0.40 Additional outlets, each - 0.15 Note: For multioutlet assemblies, each 5 feet or fraction thereof may be considered as one outlet. Li.htin. fixtures For lighting fixtures, sockets or other lamp holding devices: Fitat 20, each - 0.40 Additional fixtures, each - 0.15 For pole or platform-mounted lighting fixtures, each - 0.50 For theatrieal-type lighting fixtures or assemblies, each 0.40 Regular Session, May 7, 1990 Each additionallranSforrner or ballast - $3.00 250 Residential appliances For fixed reaidentiol appliances or œc:epI8Cle outielS for aarne, including wall- mounted electric ovens; coonte<-mounted cocI<iDg tops; electric ranges, self-<oowned tOOIII, eonsoie, or through-wall air condi- tioners; apace beaters; food waste grinders; dishwashers; washing machines, water heatma; clothes dryers; or other motor- operated appliances not exceeding one horsepower (lIP) in rating, each - $3.00 No"': For other types of air conditioners and other motor-driven appliances having 1arger e1ectrieal ratings, see "power apparabls. " Power aooarabls For motors, generators, IraDsformers, rectifiers, ayncbronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment and other appatatus, as follows: Rating in horsepower (lIP), kilowatts (KW), kilovolt-amperes (KV A), or kilovolt- amperes-reactive (KV AR): Up 10 and including I, each - $3.00 Over I and not over 10, each - $4.00 Over 10 and not over 20, each - $6.00 Over 20 and not over 30, each - $8.00 Over 30, eacb - $8.00 + 0.15/bp Note: I. For equipment or appliances having more than one motor, IranSforrner, heater, etc., the sum of the combined ratings may be used. These fees include all switches, circuit breakers, contactors, thenno- slats, relays and other directly ¡elated conlrol equipment. 2. Busways For Irolley and plug-in-type buaways, each 100 feet or ITaction thereof - 0.15 Note: An additional fee will be required for lighting fixtures, motors and o1ber appli- ances that are connected 10 Irolley and plug- in-type busways. No fee is required for port- able tools. Si..s, outline li.htin. and marquees Neon signs, first transformer or sign over 2 sockets - $5.00 -~- ---- - ~- -- Gasoline soles eQuipment Each gasoline pump or dispenser - 5.00 ~ For services of 600 volts or less and 0 10 100 AMPS - $5.00 Over 100 10 400 AMPS - $8.00 Over 400 10 600 AMPS - $12.00 Over 600 10 1,000 AMPS - $16.00 For services over 600 volts or over 1,000 amperes in rating, each - $25.00 Miscellaneous aooaratus, conduits and ~ For electrieal appatabls, conduits and con- ductors for whicb a permit is required but for whicb no fee is herein set forth - $7.50 Note: This fee is not applicable when a fee is paid for one or more services, outlets, fixtures, appliances, power appatatus, bus- ways, signs or o1ber equipment. Miscellaneous fees not covered elsewhere For each reinspection made necessary by faulty construction - $15.00 For annns! permit at $10.00 per month, yearly - $120.00 For failure 10 report 10 Building Services Division an electrieal installation for inspec- tion, for rough-in or completion, a fee shall be assessed against the permit holder - $15.00 For failure 10 be able 10 make inspeclion because of incorrect address - $15.00 For fire alarm systemS - $15.00 For security alarm systemS - $15.00 For factory inspection of electric signs and/or consllUCtion plan review (minimum charge - I hour), per hour - $15.00 Inspections for which no fee is speci- ficaliy indicated (minimum cbatge - 1(1. bour), per hour - $15.00 Pnblished officially in the Telegraph Herald newspaper this 21st day of May, 1990. R~ular Session, May 7, 1990 251 Mary A. Davis City Clerk It 5(1.I Council Member Pratt moved final adop- tion, as amended. Seconded by Couoci1 Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Nays--<:ouncil Member Voetberg. RESOLUTION NO. 195-90 A RESOLUTION AUTHORfZING AND PROVIDING FOR THE ISSUANCE AND SEC1JRING THE PA YMENTOF $3,000,000 PARKING REVENUE BONDS OF THE CITY OF DUBUQUE,IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF lOW A, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS. Wbereas, the City Council of the City of Dubuque, Iowa. sornetimes hereinafter referred 10 as 1be "Issuer", has heretofore established charges, rates and rentals for services which are and will continue 10 be collected as system revenues of the Muni- cipal Parking System, sometimes hereinafter referred to as the "System"; and Whereas, said revenues previously were pledged for repaymeot of Revenue Bonds dated June 1.1964. January I, 1969 and July I, 1977 (the "Defeased Bonds"), of which outstanding bonds of each series, in the respective amounts of $325,000, $315,000 and $365,000, were secured by and pmvision made for their payment pursuant to a Fund- ing Trust Agreement dated November 15. 1989 between the Issuer and American Trust and Savings Bank, Dubuque, Iowa; and Whereas, pursuant to said Funding Trust Agreement the Issuer has placed in an irre- vocable trust committed to the payment of the Defeased Bonds as to both principal and interest. a sufficient amount of cash and direct obligations of the United States of America so as 10 fully provide for the pay- ment of each installment of principal or interest on a timely basis to and including the final maturity of each of the Defeased Bonds; and Wbereas, system revenues have not been otherwise pledged and are available for the payment of Revenue Bonds, su~ect 10 the following premises; and Whereas, Issuer proposes to issue its Revenne Bonds 10 the extent of $3.000,000 for the pllIpOse of deITaying the costs of the project as set forth in Section 3 of this Resolntion; and Whereas, the notice of intention of Issuer to take action for the issuance of $3,000,000 Parking Revenue Bonds has herelofore been duly published and no objections 10 such proposed action have been fIled: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication reqnires otherwise: (a) "Boods" shall mean $3,000,000 Parking Revenue Bonds, authori:œd 10 be issued by this Resolution; (b) "Clerk" shall mean the City Clerk or such other officer of the successor governing body as shall be charged with substantially the same duties and responsibilities; (c) "Corporate Seal" shall mean the official seal of Issuer adopted by the governing body; (d) "Defeased Bonds" shall mean Parking Revenue Bonds of the Issuer, dated June I, 1964, January I, 1969 and July I, 1977, of which outstanding bonds of each series, in the respective amounts of $325,000, $315,000 and $365,000, were secured by and provision made for 1beir payment pursuant 10 the Funding Trust Agreement. (e) "Fiseal Year" shall mean the twelve-month period beginning on July I of each year and ending on the last day of June of the following year, or any other conse- cutive twelve-roonth period adopted by the governing body or by law as the official accounting period of the System; (I) "Funding Trust Agreement" shall mean the Funding Trust Agreement dated November 15, 1989 between the Issuer and American Trust and Savings Bank, Dubuque, Iowa. providing for the payment of the Defeased Bonds. (g) "Governing Body" shall mean the City Council of the City, or its successor in function with respect 10 the operation and conlrol of the System; (h) "Independent Auditor" shall mean an.independent firm of Certified Public Accountants or the Auditor of State; - - - - ~ Regular session, May 7, 1990 National Mortgage Association or the Federal Horne Loan Mortgage Corporation with remaining maturities not exceeding three years; (4) U.S. dollar denominated deposit accounts, federal funds and banker's acceptances with domestic commercial banks which have a rating on their short term certi- ficates of deposit on the date of purchase of "A-I" or "A-I+" by Standard & Poor's and "pol" by Moody's and maturing no more than 360 days after the date of purchase. (Rarings on holding companies are not coD- sidered as the rating of the bank); (5) obligations of agencies of the government of the United States of America not otherwise included above so long as the same is not rated below the second highest classificatiun by Moody's Investors Service, Inc., Standard & Poor's or an equivalent successor, 252 (i) "Issuer" and "City" shall mean the City I of Duhoque,Iowa; (j) "Net revenues" shall mean gmss earnings including interest. rentals, lease payments, parking fees and parking charges of any kind of the System after deduction of current expenses; "Current expenses" shall mean and include (I) for all off-street parking facilities the reasonable and necessary cost of operating, maintaining, repairing and insuring such facilities, salaries, wages, costs and materials and supplies; (2) for all on-street parking meters, the repair and replacement of parking meters, meter repair and collection personnel; (k) "Original Pnrebaser" shall mean the purchaser of the Bonds ITem Issuer at the time of their original issuance; (I) "Parity Bonds" shall mean Parking Revenue Bonds payable solely horn the net revenues of the System on an equal basis with the Bonds herein authori:œd 10 be issued; (m) "Paying Agent" shall be Bankers Trust Company of Des Moines, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carty out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due; (n) "Permitted Investments" shall mean any of the following: (I) direct obligarions of (including obligations issued or held in book enlIy form on the books 01) the Department ofTreasury of 1I1e United States of America; (2) obligations of any of the following federal ngencies which obligations represent full faith and credit of the United States of America, including: (6) investments in a money market fund rated "AAAm" or "AAAm-G" or better by Standard & Poor's Corporation; (7) pre-refunded municipal obligations defined as follows: Any bonds or other obligations of any state of the United States of America or of any ngency, instrumentality or local govem- mental unit of any such state whicb are not callable at the option of the obligor prior 10 maturity or as 10 which irrevocable instruc- tions have been given by the obligor 10 cali on the date specified in the notice; and (A) which are rated, based on 1I1e escrow, in the highest raring category of Standard & Poor's Corporation and Moody's Investon Service, Inc. or any successors thereto; or (BXi) which are fully secured as to principal and interest and redemption premium, if any, by a fund consisting only of cash or obligations described in paragtaph (I) ahove, which fund may be applied only 10 the payment of sucb principal of an interest and redemption pre- - Export - Import Bank mium. if any, on such honds or other obliga- - Farmers Horne Administtation tions on the maturity date or dates thereof or - General Services Administtation the specified redemption date or dates pur- - U.S. Maritime Administtation suant 10 such irrevocable instructions, as - Small Bnsiness Administtation appropriate, and (Ii) which fund is sufficient. - Government National Mortgage as verified by a nationally recognized Associarion (GNMA) indepeudent certified public accountant. to - U.S. Department of Housing & Urban pay principal of and interest and redemption Development (pHA's) premium, if any, on the bonds or other - Federal Housing Administtation; obligations described in this paragtapb on the maturity date or dates therecf or on the (3) bonds, notes or other evidences of redemption date or dates specified in the indebtedness rated "AAA" by Standard & irrevocable instructions referred to above, as Poor's Corporation and "Aaa" by Moody's appropriate; Investors Service issued by 1I1e Federal Regular Session, May 7, 1990 253 (0) "Project Fund" or "Construction Account" sball mean the fund required 10 be established by this Resolution for the deposit of the proceeds of the Bonds; (P) "Rebate Fund" sball mean the fund so defined in and establisbed pursuant 10 the Tax Exeruption Certificate; (q) "Regisltar" shall be Bankers Trust Company of Des Moines, Iowa, or such suc- cessor as may be approved by Issuer as provided herein and who shall carty out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Regi- sitar shall also act as Transfer Agent for the Bonds; (r) "System" shall mean the parking reve- nue system of the City including "off-street parking" as hereinafter described and "on-street parking" including parking meters located on and along the City's streets and all properties acquired or to be acquired horn honds or revenues of the System or made a part thereof by Council resolution. For pllIpOses of this Resolution and unless amended by the City Council, the System is presently made up and comprised of the following: The Iowa Street and Locust Street Parking Ramps, seven metered and two non-metered open-air surface parking lots, and appmximately 1,439 on-street metered parking spaces; provided, however, that the City may horn time 10 time by resolution lend or lease to the parking System for temporary use addi- tions!lands or lOts which may be available for temporary use as parking. Such tempo- rary land or lots may be withdmwn horn the System by Council resolutioo irrespective of the provisioos of Section 17(1) of this Resolution which provisions limit and restrict the manner of disposition of property com- prising the System; (s) "Tax Exemption Certificate" sball mean the Tax Exemption Certificate exe- cuted by the Treasurer and delivered at the time of issuance and delivery of the Bonds; and (t) "Treasurer" sball mean the City Treasurer or such other officer as sball succeed 10 the same duties and respon- sibilities with respect 10 the recording and payment of the Bonds issued hereunder. Sedlon 2. Authority. Tbe Bouds autho- ri:œd by this Resolution shall be isstted pursuant 10 Division V, Chapter 384, of the City Code of Iowa, and in cornpliance with all applicable provisions of the Constitution and laws of the State of Iowa. Sedinn 3. Authorization and Purpose. There are hereby authori:œd 10 be issued, negotiable, serial, fully registered Revenue Bonds of Dubuque, in the County of Duhoque, State of Iowa, Series 1990, in the aggregate amount of $3,000,000 for the pur- pose of paying costs of the acquisition, con- struction, remodeling, improving and equipping of the mnnicipal public parking facilities enterprise of the City of Dubuque, Iowa, including the construction of a muIti- level parking facility 10 be located at 5th and Iowa Streets. Sectlnn 4. Source of Payment. The Bonds herein authori:œd and Parity Bonds and the interest thereon shall be payable solely and only out of the oct earnings of the System and shall be a fin¡t lien on the future net revenues of the System, sul!ject to the Defeased Bonds. Tbe Bonds sball not be general obligations of the Issuer nor shall they be payable in any manner by taxation and the Issuer shall be in no manner liable by reason of the failure of the said net revenues 10 be sufficient for the payment of the Bonds. Sectlnn 5, Bond Details. Parking Revenue Bonds of the City in the amount of $3,000,000 shall be issued pursuant 10 the provisions of Section 384.83 of the City Code of Iowa for the aforesaid pllIpOse. The Bonds shall be designated "Parking Revenue Bond", be dated May 15, 1990, and bear interest ITem the date therecf, until payment therecf, at the office of the Paying Agent. said interest payable on May I, 1991 and semiannns!ly thereafter on the 1st day of November and May in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the fac- simile signature of the Mayor and attested by the facsimile signature of the City Clerk, and printed with the seal of the City and shall be fully registered as 10 both principal and interest as provided in this Resolution; prin- cipal, interest and premium, if any sball be payable at the office of the Paying Agent by mailing of a cbeck 10 the registered owner of the Bond. The Bonds shall be in the denomi- nation of $5,000 or muItiples thereof. Said Bonds shall mature and bear interest as follows: Regular Session, May 7, 1990 Interest Maturity Principal SectI... 7. Regislration of Bonds: 2!!L. May 1st Maturity Appoinbnent of Registrar, Tt8I1sfer, Owner- ship; Delivery; and Cancellation. 7.400% 1992 $ 80,000 7.400% 1993 85,000 (a) Registration. The ownership of Bonds 7.400% 1994 90,000 may be ttansfened only by the making of an 7.400% 1995 95,000 entty upon the books kept for the regislration 7.400% 1996 105,000 and transfer of ownership of the Bonds, and 7.400% 1997 110,000 in no other way. Bankers Trust Company is 7.400% 1998 120,000 hereby appointed as Bond Registrar under 7.400% 1999 125,000 the termS of this Resolution and under the 7.400% 2000 135,000 provisions of a separate ngreement with the 7.400% 2001 145,000 issuer fIled herewith which is made a part 7.400% 2002 155,000 hereof by this reference. Registrar shall 7.400% 2003 170,000 maintain the books of the issuer for the 7.400% 2004 180,000 registration of ownership of the Bonds for 7.450% 2005 195,000 the payment of principal of and interest on 7.500% 2006 210,000 the Bonds as provided in this Resolution. All 7.550% 2007 225,000 Bonds shall be negotiable as provided in 7.600% 2008 240,000 Article 8 of the Uniform Commercial Code 7.625% 2009 260,000 and Section 384.83(5) of the Code of Iowa, 7.625% 2010 275,000 sul!ject 10 the provisions for regislration and ttansfer contained in the Bonds and.in this Section 6, Redemption. Bonds maturing Resolution. after May I, 1998, may be calied for redemption by the Issuer and paid before (b) Transfer. Tbe ownership of any Bond maturity on said date or any date thereafter, may be ttansferred only upon the Regislra- ITem any funds regardless of source, in tion Books kept for the regislration and whole or ITom time 10 time in part. in any ttansfer of Bonds and only upon surrender order of maturity and within an annual thereof at the office of the Registtar Iogether maturity by lot by giving notice as provided with an assignment duly executed by the herein 10 the registered owner of the Bond. holder or his duly authori:œd attorney in fact The termS of redemption shall be par, plus in sucb form as shall be aatisfacloty to the accrued interest 10 date of cali. Registtar, along with the address and social security nnmber or federal employer identifi- The Registrar will give notice of redem¡>- cation nnmber of such transferee (or, if tion, identifying the Bonds (or portions registration is 10 be made in the name of thereof) 10 be redeemed. by mailing a copy multiple individuals, of all sucb transferees). of the redemplion notice by first class mail In the event that the address of the registered not less than thirty (30) days nor trore than owner of a Bond (other than a registered sixty (60) days prior 10 the date fixed for owner whicb is the nominee of the broker or redemption 10 the registered owner of each dealer in question) is that of a broker or Bond (or portion therecl) 10 be redeemed at dealer, there must be disclosed on the Regis- the address sbown on the regislration books tration Books the information pertaining 10 maintained by the Bond Registtar. Failure 10 the registered owner required ahove. Upon give sncb notice by mail 10 any registered the ttansfer of any such Bond, a new fully owner of the Bonds (or portion thereof) or registered Bond, of any denomination or any defect therein shall not affect the validity denominations permitted by this Resolution of any proceedings for the redemption of in aggregate principal amount eqns! 10 the other Bonds (or portions thereol). All Bonds unmatured and unredeemed principal amount (or portions thereol) so calied for redemption of sucb ttansfened fully registered Bond, and will cease 10 beat interest after the specified bearing interest at the same rate and matur- redemption date, provided funds for their ing on the same date or dates shall be redemption are on deposit at the place of delivered by the Registtar. payment at that time. (c) Registration of Tt8I1sfened Bonds. In If selection by lot within a maturity is all cases of the transfer of the Bonds, the required, the Registtar shall by t8I1dam Registrar shall register, at the earliest selection of the names of the registered practicable time, on the Regislration Books, owners of the entire annns! maturity select the Bonds, in aecon1ance with the provisions the bonds 10 be redeemed until the total of this Resolution. amount of bonds 10 be calied bas been reached. (d) Ownership. As 10 any Bond, the person in whose name the ownership of the Regular Session, May 7, 1990 254 255 same shall be registered on the Registration Books of the Registtar shall be deemed and regarded as the absolute owner therecf for all purposes, and payment of or on account of the principal of any such Bonds and the pre- mium, if any, and interest therecn shall be made only to or opon the order of the regi- stered Owner therecf or his legal repre- sentative. All such payments shall be valid and effectual 10 sarisfy and discharge the liability upon such Bond, including the interest thereon, 10 the extent of the sum or sums so paid. mutilated Bond 10 Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, slolen or lost. opon filing with the Registrar evideoce satisfactory 10 the RegiSttar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon funúshing the Registtar and Issuer with satisfaclory indenmity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be canceled by the Registrar. All Bonds which are canceled by the Registrar shall be destroyed and a certificate of the deslruction therecf shall be funúshed prornpdy 10 the Issuer, provided that if the Issuer shall so direct. the Registrar shall forward the can- celed Bonds to the Issuer. Section 9, Reccad Date. Payments of principal and interest. otherwise than upon full redemption, made in respect of any Bond, shall be made 10 the registered holder thereof or to their designated ngent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds 10 the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond 10 the Paying Agent. (I) Non-Presentment of Bonds. In the event any payment check representing pay- ment of principal of or interest on the Bonds is returned to the Paying Agent or if any Bond is not presented for payment of prin- cipal at the maturity or redemption date, if fuuds sufficient 10 pay such principal of or ioterest on Bonds shall have been made available 10 the Paying Agent for the benefit of the owner thereof, all liability of the Issuer 10 the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely dis- charged, and thereupon it shall be the duty of the Paying Agent 10 hold such funds, without liability for interest therecn, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part uoder this Resolution or on, or with respect 10, such interest or Bonds. The Paying Agent's obligation 10 hold such funds shall continue for a period eqns! to two years ioterest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held 10 the Issuer, whereupon any claim under this Resolution by the owners of I such interest or Bonds of whatever nature shall be made upon the Issuer. Section 10. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds 10 the Regi- strar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No bond shall be valid or obli- gatory for any purpose or shall be entitled 10 any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bood so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar, unless and uotil there shall have been provided the following: 1. A certified copy of the resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the City Treasurer directing the authentication and delivery of the Bonds 10 or upon the order of the Purchaser upon payment of the purchase price as set forth therein; Section 8. Reissuance of Mutilated, Des- troyed, Slolen or Lost Bonds In case any outstanding Bond shall beenme mu1i1ated or be destroyed, slolen or lost. the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mu1i1ated, destroyed, stolen or lost. in excbange and substitution for such 3. The approving opinion of Ahlers, Cooney, Dorwciler, Haynie, Smith & Allbee, P.c., Bond Counsel, COncerning the validity Regular session, May 7,1990 Item 2. figure I = Rate: Item 3, figure I = Maturity: lIem 4, figure I = Bond Date: May 15, 1990 Item 5, figure I = Cusip * Item 6, figure I = "Registered" Item 7, figure I = Certificate No. Item 8, figure I = Principal Amoont: $ Item 9, figure I = The City of Dubuque, Iowa, a municipal corporation organi:œd and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, 10 Item 9A, figure I = (Registration panel 10 be completed by Registrar or Printer with name of Registered Owner). Item 10, figure I = or registered assigns, the principal sum of (principal amount written out) Thousand Dollars in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of Bankers Trust Company, Des Moines, Iowa, Paying Agent of this issue, or its successor, with interest on said sum fi-om the date hereof until paid at the rate per annum specified above, payable on May I, 1991, and semiannns!ly thereafter on the 1st day of November and May in each year. Interest and principal sball he paid 10 the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest sball be computed on the basis of a 360-day year of twelve 30-day months. This Bond is issued pursuant 10 the pr0- visions of Section 384.83 of the City Code of Iowa, as amended, for the purpose of paying costs of the acquisition, constroction, remodeling, imp-oving and equipping of the municipal public parking facilities entetprise of the City of Dubuque, Iowa, including the conattUCtion of a multi-level parking facility 10 be located at 5th and Iowa Streets, in conformity 10 a Resolution of the Council of said City duly passed and approved. Bonds maturing after May I, 1998, may be calied for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of aoutœ, in wbole or ITem time 10 time in part, in any order of maturity and within an annual maturity by lot by giving not less than thirty (30) days' nor more than sixty Regular Session, May 7, 1990 256 and legality of all the Bonds proposec1lo be issued. Sedlon 11. Rigbt 10 Name Sobstimte Paying Agent or Registrar. Issuer reserves the rigbt 10 name a substitute, successor Registrar or Paying Agent upon giving prompt written notice 10 eacb registered hondbolder. Section 12, Form of Bond. Bonds shall be printed in substantia1 compliance with standards proposed by the American Stan- dards Institute substantially in the form as follows: 257 (60) days' notice of redemption by first class mail as provided in the Resolution 10 the registered owner of the Bond. The terms of redemption sball be par, plus accrued interest 10 date of cali. issue of this Bond, bave been existent. had, done and performed as required by law. In testiroony wherecf, said City by its City Council has caused this Bond 10 be sigued by the facsimile signature of its Mayor and attested by the facsimile signature of its City Clerk, with the seal of said City printed hereon, and authenticated by the manns! signature of an authori:œd represen- tative of the Registrar, Bankers Trust Company Des Moines, Iowa. Ownership of this Bond may be ttans- ferred only by transfer upon the books kept forsnch purpose by Bankers Trust Company, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar, together with an assignment duly executed by the owner herecf or his duly authorl:œd attorney in the form as shall be satisfactory 10 the Registrar. Issuer reserves the right 10 substitute the Registrar and Paying Agent but shall, however, promptly give notice 10 registered bondholders of such change. All Bonds sball be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.83(5) of the Code of Iowa, subject 10 the provisions for registration and ttansfer contained in the Bond Resolution. Item 11, figure I = Date of authentication: Item 12, figure I = This is one of the Bonds described in the within mentioned Resolution, as registered by the Bankers Trust Company. """""""""""""""""""""""""""'" ¡~ ~ iPB ~ ¡ I '" I i I~-,-I ~ PD I '" I ! I '" I i I "., I i I ,-"..~_'::':"'d~"-' I i~~I""1 ,j"""""""""""""""""""""""""""", ,-" BANKERS TRUST COMPANY By- Registrar Item 13, figure I = Registrar and Transfer Agent: Bankers Trust Company Paying Agent: Bankers Trust Cornpany This Bond and the series of which it forms a part, and any additional boods which may be bereafter issued and outstanding ITem time to time on a parity with said Bonds, as provided in the Bond Resolution of which notice is bereby given and is hereby made a part hereof, are payable ITem and secured by a pledge of the net revenues of the Municipal Parking System (the "System"), as defined and provided in said Resolution. There has heretofore been estab- lisbed and the City covenants and agrees that it will maintain just and equitable rates or charges for the use of and service rendered by said System in each year for the payment of the proper and reasonable expenses of operation and maintenance of said System and for the establishment of a sufficient sinking fund 10 meet the principal of and interest on this series of Bonds, and other hoods ranking on a parity therewith, as the same become due. This Bond is not payable in any manner by taxation and under no cir- cUmstances shall the City be in any manner liable by reason of the failure of said net I earnings 10 be sufficient for the payment herecf. Item 14, figure I = (Seal) Item 15, figure I = [Signature Block] City of Dubuque, Iowa By: Mayor's facsimile sienature Mayor "" "" "" ,~,,-, Attest: City Clerk's facsimile sienature City Clerk Item 16, figure 2 = It is certified that the following is a correct and complete copy of the opinion of bund counsel issued as of the date of delivery of the issue of which this Bond is a part. (facsimile sienature! City Clerk [Opinion of Bond Counsel] Item 17, figure 2 = [Assignment Block] [Informatioo Required for Registration] ASSIGNMENT The text of the honds 10 be located there- on at the item numbers shown sball be as follows: - Item I, figure I ="STATE OF IOWA" "COUNTY OF DUBUQUE" "CITY OF DUBUQUE" "P ARKlNG REVENUE BOND" "SERIES 1990" For value received, the undersigned hereby sells, assigns and ttansfers unto (Sncial Security This Bond is a "qualified tax-exempt obligation" designated by the City for PllIpOses of Section 265(b)(3)(B) of the Internal Revenue Code of 1986. or Tax Identification No. the within Bond and does hereby irrevocably constitute and appoint attorney in fact 10 ttansfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. And it is hereby represented and certified that all acts, conditions and things requisite, according 10 the laws and Constitution of the State of Iowa, 10 exist. 10 be had, 10 be done, or 10 be performed precedent 10 the lawful Regular Session, May 7, 1990 10 the timely payment of hoth principal and interest as the same become due. Sedlon 14, Application of Bond Pro- ceeds. Proceeds of the Bonds other than accrued interest except as may be provided below sba1l be credited 10 the Project Fund and expended therefi-orn for the pIlIpOses of issuance. Any amounts on band in the Pr0- ject Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds of the System sba1l be insufficient 10 the pUtpOse, in which event such funds sba1l be repaid 10 the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immed- iately required for its purposes may be invested not inconsistent with limitations provided by law, the Internal Revenue Code and this Resolution. Accrued interest. if any, shall be deposited in the Sinking Fund. Any excess proceeds remaining on hand after completion of the purpose of issuance shall be paid inlo the Improvement Fund to the masimum required amounts and any remain- ing amounts shall be used 10 ea1l or other- wise retire Bonds. Provided however, that initial proceeds of the Bonds 10 the extent of $285,484.00, sba1l be credited 10 and become a part of the Reserve Fund hereinafter established. Sectlnn IS, User Rates. There bas here- Iofore been established and published as re- quired by law, just and equitable rates or charges for the use of the service rendered hy the System. So long as the Bonds are oot- standing and unpaid the rates or charges 10 consumers of services of the System shall be sufficient in each year for the payment of the proper and reasonable expenses of operation and maintenance of the System and for the payment of principal and interest on the Bonds and Parity Bonds as the same fall due, and 10 provide for the creation of reserves as bereinalter provided. Net reve- nues sba1l be maintained at a level not less than one hundred and thirty percent of prin- cipal and interest falling due in the same year. Notwithstanding the foregoing, the Issuer or any department. agency or instrumentality herecf shall be authori:œd 10 use System facilities without cbatge so long as net revenues of the System are sufficient 10 meet the requirements of this Resolution. If in any year net revenues are insufficient for such pUtpOses, and in the event the issuer or any department. ngency orinstrumentality therecf in any way uses or is served hy the System, the rates or cbarges provided for sba1l be paid by the issœr ITem its Cotporate Fund, or by such departmen~ ngency or 258 Dated. (Pcr>on(s) executing this Assignment sign(s) here) SIGNATIJRE ) GUARANTIiliD) IMPORTANT - READ CAREFULLY The signab1re(s) 10 this Power must corre- spond with the name(s) as written upon the face of the certifica1e(s) or bond(s) in every particular without alteration or enlargement or any ebange whatever. Signature guarantee should be made by a member or member organization of the New York Stock Ex- change, members of other Exchanges having signatures on file with transfer agents or by a commercial bank or truSt company. INFORMATION REQUIRED RJR REGISTRATION OF TRANSFER Name ofTransferee(s) Address of Transferee(sL Social Security or Tax Identification Number oITransferee(s) Transferee is a(n): Individns!" - Cmporation- Partnership_Trust "If the Bond is 10 be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, wben used in the inscription on the face of this Bond, sball be construed as though written oot in full according 10 applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties IT TEN - as joint tenants with right of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - ............ Custodian ..........(Cust) (Mioor) under Iowa Uniform Transfers 10 Minors Act...............(State) Section 13. Equality of Lien. Tbe timely payment of principal of and interest on the Bonds and Parity Bonds sba1l be secured equally and ratably by the revenues of the System without priority by reason of number or time of sale Œ delivery; and the revenues of the System are hereby irrevocably pledged "'. Regular SeSSion, May 7, 1990 259 instrumentality thereof. Any revenues so collected by the Issuer sba1l be used and accounted for in the same manner as any other revenues derived fi-orn the operations of the System. Section 16. Application of Revenues. From and after the delivery of any Bonds, and as long as any of the Bonds or Parity Bonds sba1l be outstanding and unpaid either as to principal or as 10 interest. or until all of the Bonds and Parity Bonds then outstanding shall bave been discharged and satisfied in the manner provided in this Resolution, the entire income and revenues of the System sball be deposited as collected in a fund 10 be known as the Parking Revenue Fund (the "Revenue Fund"), and shall be disbursed only as follows: (a) Operation and Maintenance Fund. Money in the 'Revenue Fuod shall first be disbursed 10 make deposits inlo a separate and special fund to pay current expenses. The fund shall be koown as the Parking System Operation and Maintenance Fund (the "Operation and Maintenance Fund"). There shall be deposited in the Operation and Maintenance Fund each month an amouot sufficient to meet the current expeoses of the month plus an amount eqns! 10 1/l2th of expenses payable on an annns! basis such as insurance. After the first day of the month, further deposits may be made 10 this account from the Revenue Fund 10 the extent necessary to pay current expenses accrued and payable 10 the extent that funds are not available in the Surplus Fund. (b) Sinki"g Fund. Money in the Revenue Fund shall next be disbursed to make deposits into a separate and special fund to pay principal of and interest on the Bonds and Parity Bonds. The fund shall be known as the Parking Revenue Bond and Interest Sinking Fund (the "Sinking Fund"). The required amoont to be deposited in the Sinking Fund in any month shall be an amount equal 10 1/5th of the installment of interest coming due on the next interest payment date on the theo outstanding Bonds and Parity Bonds plus 1/lOth of the install- ment of principal coming due on such Bonds on the next succeeding priocipal payment date until the full amount of such installment is on hand. If for any reason the amount on hand in the Sinking Fund exceeds the re- quired amount. the excess shall forthwith be withdrawo and paid into the Revenue Fund. Money in the Sinking Fund shall be nsed solely for the purpose of paying principal of and interest on the Bonds and Parity Bonds as the same shall become due and payable. (c) Reserve Fund. Money in the Revenue Fund shall be disbursed 10 maintain a debt service reserve in an amount equal 10 at least the lesser of I) the maximum amount of principal and interest coming due on the Bonds and Parity Bonds in any succeeding fiseal year; or 2) ten percent of the proceeds of the sale of the Bonds to. the public. Such fund sball be known as the Parkil¡g Revenue Debt Service Reserve Fund (the "Reserve Fund"). In each month there shall be deposited in the Reserve Fund an amount equal to 25% of the amount required by this Resolution to be deposited in such month in the Sinking Fund; provided, however, that when the amoont on deposit in the Reserve Fund shall be not less than the balaoce required above, no further depooits shall be made into the Reserve Fund except to main- tain said fund at such level, and wbeo the amount on deposit in the Reserve Fund is greater than the halance required ahove, such additions! amounts shall be furthwith with- drawn and paid into the Revenue Fund. Money in the Reserve Fund shall be used solely for the pnrpose of paying principal at maturity of or interest on the Bonds and Parity Bonds for the payment of which iosuf- ficient money shall be available in the Sinking Fund. Whenever it sball become necessary to so use money in the Reserve Fund, the payments required ahove shall be continued or resumed until it shall have been restored 10 the required minimum amount Sinking Fund and Reserve Fund moneys are "restricted yield investments" under the terms and covenants of this Resolution. (d) Improvement Fund. Money in the Revenue Fund shall next be disbursed to maintain a fund 10 be kilown as the Parking Improvement Fund (the "Improvement Fund"). The minimum amount to be de- posited in the Improvement Fund each month shall be $5,000; provided, however, that when the amount of said deposits in said fund shall equal or exceed $250,000, no fur- ther monthly deposits need be made into the Improvement Fund except to maiotain it at such level. Money in the Improvement Fund not otherwise specially limited by other provisions of this Resolution shall be used solely for the pllIpOse of paying principal of or interest on the Boods or Parity Bonds when there shall be insufficient money io the Sinking Fund and the Reserve Fund; and to the exteot not required for the foregoing, to pay the cost of extraordinary maintenance expenses or repain, renewals and replace- ments not included in the annns! budget of revenues and CUrrent expenses, payment of rentals on any part of the System or pay- ments due for any property purchased as a _. Regular Session, May 7,1990 put of the Syslcm, and for capital improve- taX-exempt bonds Œ obligations of any state menta '" the System. Whenever it shall or politieal subdivision therecf which are become neccaaary 10 so use money in the rated by Moody's Investors Service or Stan- improvement Fund, the payments required danI & Poor's Corporation at a tabog class- above aba1l he continued or...urned until it ification equal 10 or better than the tabog sba1l have been ...tored 10 the required carried hy the Bonds, but in no event less minimum amount than a raring of A, or, in the case of short-term obligations, a tating of Mig-I, S (e) Subordinate Obligations. Money in the & P I or better. Revenue Fund may next be used 10 pay principal of and interest on (including All such deposits Œ interim investments reasonable reserves therefor) any other shall mature bef"", the date on which the obligations which by their terms shall be moneys are required fŒ the purposes for payable ITorn the revenues of the System, hot which said fund was created or otherwise as subordinate 10 the Bonds and Parity Bonds, herein provided but in no event maturing in and whicb have been issued for the purposes more than three years in the ease of the of extensions and iߥOVements 10 the Reserve Fund. Tbe provisions of this Section System or 10 retire the Bonds or Parity shall not be construed 10 require the Issuer 10 Bonds in advance of maturity, or 10 pay for maintain separate bank accounts for the ex-nary repaiD or replacements 10 the funds created by this Section; except the System. Sinking Fund and the Reserve Fund shall be maintained in a separate account but may be (I) Surplus Revenue. All money thereafter invested in conjunction with other fuuds of remaining in the Revenue Fund at the close the City but designated as a trust fund on the of eacb month may be deposited in any of bookJ¡ and records of the City. the funds ereated by this Resolution, 10 pay for exttaordinary repairs or replacements 10 All income derived ITom such investments the Syslcm, or may be used 10 pay or shall be deposited in the Revenue Fund and redeem the Bonds or Parity Bonds any of sball be regarded as revenues of the System. them, or fŒ any lawful purpose. Such investments shall at any time necessary be liquidated and the proceeds thereof Money in the Revenue Fund sba1l be applied 10 the purpose fŒ which the allotted and paid inlo the various funds and respective fund was created. accounts bereinbefore referred 10 in the order in which said funds are listed, on a cumula- SectIon 17, Covenants Regarding the tive basis on the 10th day of each month, or Opention of the System Tbe Issuer hereby on the next succeeding business day wben covenants and agrees with each and every the 10th sba1l not be a business day; and if holder of the Bonds and Parity Bonds: in any month the money in the Revenue Fund sba1l be insofficient 10 deposit or (a) Operation of the System. Issuer hereby \r8J1Sfer the required amount in any of said covenants; and agrees with the holder or funds or accounts, the deficiency sba1l be holders of the Bonds herein authori:œd 10 be made up in the following month Œ months issued, or any of them, that it will faithfully aIù:r payments inlo all funds and accounts and punctually perform all duties with enjoying a prior claim 10 the revenues shall reference 10 said public motor vehicle park- have been met in full. ing facilities system required by the Consti- tution and laws of the State of Iowa, and this Moneys on hand in the Project Fund and Resolution, including the making and collect- all of the funds provided by this Section ing of reasonable and sufficient tates or ser- except the Operation and Maintenance Fund vines afforded thereby, and will segregate the may he invested only in Permitted Invest- revenues and make application thereof inlo ments or deposited in financial institutions the n:apective funds, as provided by this which are members of the Federal Deposit Resolution. Issuer further covenants and Insmance Corporation or the Federal Savings agrees with the holders of said Bonds 10 and Loan Insmance Corporation and the de- maintain in good condition and continuously posits in which are insured thereby and all and efficiently operate said facilities and such deposits exceeding the maximum meterS comprising the System. amount insured ITom time 10 time by FDIC or FSUC or its equivalent successor in any Issuer further covenants and agrees that. one financial institution shall be continuously except as hereinafter otherwise provided, so secured by a valid pledge of direct obliga- long as any of the honds authori:œd 10 be tions of the United States Government bav- issued under the terms of this Resolution or ing an equivalent market value. Altema- Bonds ranking on a parity therewith are out- tively, such moneys may be invested in standing it will not sell, lease. loan, 260 -~ Regular Session, May 7, 1990 261 rnortgnge or in any manner dispose of or en- cumber public motor vehicle parking facil- ities comprising the System until all of said Bonds have been paid in full as 10 both prin- cipal and interest or unless and until full and sufficient provision shall have been made for the payment thereof. However, the right is reserved to the City 10 dispose of any pr0- perty constituting a part of the System as provided in Section 17(1). Nothing contained in this Resolution shall be construed 10 prevent the City ITem leasing 10 others or contracting with others for the operation of any of the facilities oonstituting a part of the System to the extent permitted by law, pr0- vided the net revenues derived ITem any such leases or contracts, in combination with all other net revenues of the System, are found by the City Council 10 be not less than those required 10 be paid unto the Funds as in Section 16 provided. Nothing contained in this Resolution shall be construed 10 prevent the City ITorn disposing by lease, or as may be permitted by law, of the air rights above I any of the off-street parking facilities constituting a part of the System or of other pottions thereof not useful or intended for the parking of vehicles, provided that the revenues ITem any such lease shall be treated as a part of the income and revenues of the System and shall be used and applied as pr0- vided in this Resolution, but no such contract or lease may result in a reduction of the aggregate net revenues of the System below the amounts necessary 10 be paid inlo the Funds as in Section 16 provided While the Bonds authorized herennder, or any of them, remain outstanding and unpaid no ITee service shall be afforded by said parking facilities, provided, that the City Council may, by resolution, authorize the use of a designated pottion of the parking faci- lities without charge, when: (I) the Council has first affirmatively determined that such use will not cause the nggregate net revenues then 10 be derived ITem the halance of the System to be less than 125% of the amounts required to be paid into the Sinking Funds during the then next succeeding fiseal year, and (2) if the facilities 10 be operated without charge produced over 15% of the gross revenues of the entire system in the then last preceding fiseal year, the finding by the City Council must be predicated upon and supponed by a certificate executed by a nationally recogni:œd parking facilities consultant employed for the pmpose of examining the books and records pertinent to I the System and of certifying 10 the amount of revenues which will be derived ITom the halance of the System. Any of the off-street parking facilities may be withdrawn ITom use at any time fŒ the pllIpOse of erecting mul- tiple level parking structures, garages or other parking facilities thereon which are to be incorporated in and made a part of the System of the City, but no such facilities may be so withdrawn unless the City Coun- cil affinnatively finds that the net revenues to be derived ITem the operation of the remainder of the System, together with interest during the construction of the addi- tions! structure, will be no less than those required 10 be paid inlo the Funds in Section 16 provided during the period of construction. The City agrees that it will take no action in relation 10 its parking System which would unfavorably affect the security of the Bonds herein authori:œd or bonds tanking on a parity therewith or the prompt payment of the principai thereof and interest thereon, but nothing in this Resolution contained shall be construed 10 prohihit appropriate changes in the location of on-street parking metetS made necessary by street widening, alterarions or closings, nor prohibit substitution or changes in the location of on-street parking meters in order 10 provide essential and necessary traffic regulation and control. (b) Rates. That on or before the beginning of each fiaea1 year the Governing Body will adopt or continue in effect rates for all services rendered by the System sufficient to produce net revenues for the next succeeding fiseal year sufficient 10 meet the require- ments of the several funds as provided io this Resolution. For pllIpOses of the last clause of the next preceding senteoce net revenues" shall be those for the next suc- ceeding fiseal year as determined ITem the budget for such year as required herein, and for PllIpOaes of such determination the bud- geted total revenues may be increased by the amoun~ if any, by which deposits into the Sinking Fund during the current fiseal year shall have exceeded the requirement of this Resolution. (c) Insurance. That the Issuer shall maintain insurance including self insurance for the benefit of the hondholdetS on the insurable pottions of the System of a kind and in an amount which normally would be carried by private companies engaged in a similar kind of business. The proceeds of any insurance, except poblic liability insurance, shall be used 10 repair or replace the part or parts of the System damaged or destroyed, or if not so used shall be placed in the Improvement Fund. (d) Accounting and Audits. That the Issuer will cause 10 be kept proper books and accounts adapted 10 the System and in 262 Regular Session, May 7, 1990 acconIance with gcncaally accepted aocount- In the event the audit provided for in this ing practices, and will cause the books and Section is prepared by the State Auditor the accounts 10 be audited annually not later Governing Body will cause 10 be prepared a than 90 days aIù:r the end of each fiaea1 year certified supplemental report containing the by an independent auditor and will fIle information reqnired by this section. copies of the audit report with the Original I'1m:haaer and will make generally avoilable (e) State Laws. That the Issuer will 10 the holders of any of the Bonds and Parity faithfully and punctually perform all duties Bonds, the balance sheet and the operating with reference 10 the System required by the statement of the System as certified by such Constitution and laws of the State of Iowa, auditor. The Originsll'1m:baser and holders including the making and collecting of of any of the Bonds and Parity Bonds sball reasonable and sufficient rates for services have at all lC8SOD8b1e times the right 10 rendered by the System as above provided, inapect the Sysœm and the records, aocounts and will segregate the revenues of the and dam of the Issuer relating thereto. It is System and apply said revenues 10 the funds further agreed that if the Issuer shall foil 10 specified in this Resolution. provide the audits and reports reqnired by this subsection, the original Purchaser or the (I) Property. That the Issuer will not sell, bolder or bolders of 25% of the outstanding lease, mortgage or in any manner dispose of Banda and Parity Bonds may cause such the System. or any capital part thereof, audits and reports 10 be prepared at the including any and all extensions and expense of the Issuer. Tbe audit reports additions that may be made therelo, until reqnired by this Section shall inclnde, but satisfaction and discharge of all of the Bonds not be limited 10, the following information: and Parity Bonds shall have been provided for in the manner provided in this Resolu- (i) An evaluation of the manner in tion. Provided, however, this covenant sball which the issuer has complied with the cove- not be cons1IUed 10 prevent the disposal by nants of this Resolution, inclnding patti- the Issuer of property which in the judgment cu1arly the rate covenants included bcrein; of its Governing Bndy has become inexpe- dient or unprofitable 10 use in connection (ü) A statement of net revenues and with the System, or if it is to the advantage current expenses; of the System that other property of cqns! or higber value be substituted therefor, and (ill) Analyses of each fuod and account provided further that the proceeds of the created hereunder, including deposits, disposition of such property sball be placed withdrawals and beginning and ending in the Improvement Fund 10 be used in pre- balances; ferenee 10 other sources for capital improve- ments 10 the System as therein provided, ex- (iv) A balance shee~ cept. that no such proceeds shall be used to pay principal or interest on the Bonds and (v) The rates in effect at the end of the Parity Bonds or payments inlo the Sinking or fiseal year, and the number of customers of Reserve Funds. Any such payments made the System; inlo the Improvement Fund shall be in addi- tion 10 the regular monthly payments and the (vi) A schedule of insurance policies Fund halance provided for in Section 16(d) and fidelity bonds in force at the end of the of this Resolution. fiaea1 year, showing with respect 10 each policy and bond the nature of the risks (g) Fidelity Bond. That the Issuer sball covered. the limits of liability, the name of maintain fidelity bond covernge in amounts the insurer, and the expiration date; which normally would he carried by private companies engaged in a similar kind of busi- (vü) An evaluation of the Issuer's ness on each officer or employee having cus- system of internal financial controls and the tody of funds of the System. sufficiency of fidelity bond and insurance coverage in force; (b) Budget. That the Governing Body of the issuer will adopt a System bndget of (vill) The names and titles of the principal revenues and current expenses on or before officers of the Issuer, and the end of each fiaea1 year. Such bndget sball take inlo account revenues and current (Ix) A general statement covering any expenses during the current and last pre- events or circumstances which might affect ceding fiseal years. The Issuer will incur no the financial statuS of the System. current expense not included in such budget. and will not permit Iotal current expenses 10 exceed the budget. unless the Governing '" RlIQular SessIon, May 7, 1990 263 Body sball first have adopted a Resolution declaring the necessity of such expenses. Copies of such budget and approvals of expenditures in excess of the budget sball be mailed 10 the Original I'1m:haser and 10 the hondholders upon request. (i) Consultant Review. The City hereby covenants and agrees as long as any Bonds hereby authori:œd are outstanding 10 regu- larly retain ITem time 10 time the service of some eDgin- or firm of engineers of specia1i:œd reputation in the management and operation of motor vehicle parking facilities, sometimes referred 10 in this resolution as the "Consulting EDgin_", for the pIlIpOse of consultation and cooperation in connection with the operation and main- tenance of its parking System facilities and the establishment as well as any revision of the schedule of charges for the service and facilities 10 be thereby afforded. Such report shall be ¡nomplly forwarded 10 the Origins! Pun:haser of the Bonds. Section 18. Remedies of Bondholders. Except as herein expressly limited the holder or holders of the Bonds and Parity Bonds shall have and possess all the rights of action and remedies afforded by the common law, the Constitution and statutes of the State of Iowa, and of the United States of America, for the enforcement of payment of their Bonds and interest therecn, and of the pledge of the revenues made hereunder, and of all covenants of the Issuer hereunder. Section 19, Prior lien and Parity Bonds. The Issuer will issue no other Banda or obligations of any kind or nature payable ITem or enjoying a lien or claim on the pr0- perty or revenues of the System baving pri<>- rity over the Bonds or Parity Bonds. Additional Bonds may be issued on a parity and equality of rank with the Bonds with respect 10 the lien and claim of such additions! Bonds 10 the revenues of the System and the money on deposit in the foods adopted by this Resolution, for the following pllIpOses and under the following conditions, but not otherwise: (a) For the purpose of refunding any of the Bonds or Parity Bonds which shall have matured or which shall mature not later than three months after the date of delivery of such refunding Bonds and for the payment of which there shall be insufficient money in the Sinking Fund and the Reserve Fund; (b) For the pIlIpOse of refunding any Bonds, Parity Bonds or Geoera1 Obligarion Bonds outstanding, or making extensions, additions, improvements or replacements 10 the System, if all of the following conditions shall have been met: (i) before any such Bonds ranking on a parity are issued, there will bave been pr0- cured and fIled with the Clerk, a statement of an independent certified public accoun- tan~ not a regular employee of the Issuer, reciting the opinion based opon necessary investigations that the net revenues of the System for the preceding fiseal year (with adjustments as hcreinalù:r provided) were cqns! 10 at least 1.30 times the maximum amount that will be required in any fiseal year prior 10 the longest maturity of any of the then outstanding Bonds for hoth prin- cipal of and interest on all Bonds then outstanding which are payable ITem the net earnings of the System and the Bonds then proposed 10 be issued. For the purpose of determining the net revenues of the System for the preceding fis- eal year as aforesaid, the amount of the gross revenues for snch year may be adjusted by an independent Consulting Engineer or by a Certified Pnblic Accountant not a regular employee of the Issuer, so as 10 reflect any changes in the amount of such revenues which woald bave resulted had any revision of the schedule of rates or charges imposed at or prior 10 the time of the issuance of any such additional Bonds been in effect during all of such preceding fiseal year. (ü) the additional Bonds must be payable as 10 principal and as 10 interest on the same month and day as the Bonds herein authori:œd. (ill) for the purposes of this Section, principal and interest falling due on the first day of a fiseal year shall be deemed a reqnirement of the immediately precerling fiaea1 year. (iv) Proceeds of any such Bonds ranking on a parity shall be applied immediately upon issuance 10 fully fund the proportiona'" share of the Reserve Fund requirement applicable to the Bonds then being issued. (v) for the purposes of this Section, general obligation bonds shall be refuoded only upon a finding of necessity by the Governing Body and only 10 the extent the geoera1 obligation honds were issued or the proceeds of them were expended for the System. Section ZO. Disposition of Bond Proceeds: Arbitrage Not Permitted. The Issuer 264 Regular Session, Ma~ 7,1990 reasonably expecls and covenanls that no use will be made of the proceeds ITorn the issuance and aale of. the Bonds issued h=under which will cause any of the Bonds 10 be classified as arbi\r8 ¡C bonds within the meaning of Sec;tion 148(a) and (b) of the in- ternal Revenue Code of the United Stales, and that throughout the term of said Bonds it will comply with the requirements of said statute and n:gulations issued thereunder. To the beat knowledge and belief of the hsuer, there are no facts or circumstances that would materially change the foregoing stalements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limit- ing the generality of the foregoing, the hsuer bereby agrees 10 ~Iy with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are bereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and .insert all ealculations and determinations necessary 10 complete the Tax Exemption Certificate in all respects and 10 execute and deliver the Tax Exemption Certificate at issuance of the Bonds 10 certify as 10 the reasonable expectations and cove- nants of the Issue' at that date. The Issuer covenants that it will treat as restricted yield investments any proceeds of the Bonds remaining unexpended afb:< three years ITom the issuance and any other funds required by the Tax Exemption Certificate 10 be so treated. "Restricted yield investments" are funds or investments which the Issuer covenants not to invest at a yield materially higher than the yield on the Bonds as defined in the regulations issued under authority of Section 148(b) of the Intema1 Revenue Code of the United States. If any investments are held with respect 10 the Bonds and Parity Bonds, the hsuer shall treat the same for the purpose of resaricted yield as held in proportion to the origins! ¡rincipal amounts of cacb issue. The Issuer covenants that it will exceed any investment yield restriction provided in this Resolution only in the event that it shall fuat obsain an opinion of recognized bond counae1 that the proposed investment action will not cause the bonds 10 be classified as arbi\r8 ¡C bonds under Section 148(a) and (b) of the Intema1 Revenue Code or n:gulations issued thereunder. Tbe hsuer covenants that it will proceed with due diligence 10 spend the proceeds of the Bonds for the pmpooc set forth in this Resolution. The issuer forth'" covenants that it will make no change in the use of the pr0- ceeds available for the conaltUction of faci- lities or change in the use of any portion of the facilities oona1rUeted thereITom by persons other than the issuer or the general publie UlÙess it bas obtained an opinion of bond counselor a revenue ruling that the proposed project or use will not be of such character as '" cause interest on any of the Bonds not to be exempt ITem federal income taxes in the bands of holden oth'" than substantial users of the projec~ under the provisions of Section 142(a) of the Intemal Revenue Code of the United States, related stabltes and regulations. Section 21. Additional Covenants, Repre- sentations and Wananties of the Issuer. The Issuer certifies and covenants with the pur- chasen and holden of the Bonds ITom time 10 time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constiblte a part of the oonttaCt between the Issuer and the owners of the Bonds; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay 10 the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating 10 the Bonds; (e) fIle such forms, statements and sup- porting documents as may be required and in a timely manner, and (I) if deemed necessary or advisable by its officers, 10 employ and pay fiaea1 agents, financial advisors, attorneys and other persons 10 assist the issuer in such comp1iaoce. ScdIoo 22. Amendment of Resolution 10 Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary 10 maintain tax exemption with respect 10 the Bonds under applicable Federal law or regulations. ScdIon 23. Qns1ified Tax-Exempt Obliga- tions. For the sole pllIpOse of qualifying the Bonds as "Qualified Tax Exempt Obliga- tions" pursuant 10 the Internal Revenue Code of the United States, the Issuer designates the Bonds as qualified tax-exempt obliga- tions and represents that the reasonably anticipated amount of tax exempt govern- mental and Code Section 501(c)3 obligations which will be issued during the current Rl!{ ular Session, May 7, 1990 265 calendar year will not exceed Ten (10) Million Dollars. Sedlon 24. Discharge and Satisfaction of Bonds. The covenants, liens and pledges entered inlo, created or imposed pursuant 10 this Resolution may be fully discharged and satisfied with respect to the Bonds and Parity Bonds, or any of them, in anyone or more of the following ways: (a) By paying the Bonds or Parity Bonds when the same shall become due and pay- able; and (b) By depositing in ItUst with the Trea- surer, or with a cOl'po1'8te ItUstee designated by the Governing Body for the payment of said obligations and incvocably appropriated exclusively 10 that PIlIpOse an amount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to retire at maturity, or by redemption prior to maturity on a designated date upon which said obligations may be redeemed, all of such obligations outstanding at the time, Iogether with the interest thereon 10 maturity or 10 the designated redemption date, premiums therecn, if any that may be payable on the redemption of the same; pr0- vided that proper notice of redemption of all such obligarions to be redeemed shall have beeo previously published or provisions shall have been made for such publication. Upon such payment or deposit of money or securities, or both, in the amount and manner provided by this Section, all liability. of the Issuer with respect 10 the Bonds or Parity Bonds shall cease, determine and be completely discharged, and the holders therecf shall be entitled only to payment out of the roooey or securities so deposited. Section 25. Resolution a ConlIact. The provisions of this Resolution shall constiblte a conlIact between the Issuer and the holder or holders of the Bonds and Parity Bonds, I and after the issuance of any of the Bonds no change. variation or alterarion of any kind in the provisions of this Resolution shall be made in any manner, except as provided in the next succeeding Section, until such time as all of the Bonds and Parity Bonds, and interest due thereon, shall have been satisfied and discharged as provided in this Resolution. Sedion 26. Modification of Resolution. This Resolution may be amended ITem time 10 time if such amendment shall have been consented to by holders of not less than two-thin1s in principal amount of the Bonds and Parity Bonds at any time outstanding (nO! including in any case any Bonds which way then be held or owned by or for the account of the Issuer, but including such Refunding Bonds as may have been issued for the purpose of refunding any of such Bonds if such Refunding Bonds shall not then be owued by the Issuer); but this Resolution may not be so amended in such manner as to: (a) Make any change in the maturity or interest rate of the Bonds, or modify the terms of payment of principal of or interest on the Bonds or any of them or impose any conditions with respect 10 such payment; (b) Materially affect the rights of the holden of less than all of the Bonds and Parity Bonds then outstanding; and (c) Reduce the perceotage of the principal amount of Bonds, the consent of the holders of which is required 10 effect a further amendment. Whenever the Issuer shall propose 10 amend this Resolution onder the provisions of this Section, it shall cause notice of the proposed amendment 10 be fùed with the Original Pnrchaser and 10 be mailed by certified mail 10 each registered owner of any Bond as shown by the records of the Registrar. Such notice shall set forth the nature of the proposed amendment and shall state that a copy of the proposed amendalory Resolution is on me in the office of the City Clerk. Wbenever at any time within one year ITem the date of the mailing of said notice there shall be filed with the City Clerk an inslrUment or insltUments executed by the holders of at least two-thin1s in nggregate principal amount of the Bonds then out- standing as in this Section defined, which insltUment or inslrUments shall refer to the proposed amendatory Resolution described in said notice and shall specificaliy consent to and appmve the adoption therecf, thereupon, but not otherwise, the goveming body of the Issuer may adopt such amendatory Resolu- tion and such Resolution shall become effec- tive and binding upon the holders of all of the Bonds and Parity Bonds. Aoy consent given by the holder of a Bond pursuant 10 the provisions of this Section shall be irrevocable for a period of six months ITem the date of the insltUment evidencing such consent and shall be con- clusive and hinding upon all future holders of the same Bond during such perind. Such consent may be revoked at any time after six months ITorn the date of such insltUment by 266 Regular Session, May 7,1990 the boIckz who gave such consent or by a sueecasor in tide by fIling notiee of such revocation with the City Clerk. The fact and date of the execution of any instrument unckz the provisions of this Sec- tion may be proved by the certificate of any officer in any jurisdiction who by Ibe laws thereof is anlborl:œd 10 take acknowledg- ments of deeds within such jurisdiction that the penon signing aucb instrument acknow- ledged before him the execution therecf, or may be proved by an affidavit of a wibless 10 sucb execution sworn 10 before such officer. The amount and numbers of the Bonds bold by any penon executing such inslnl- mcnt and the date of his bolding the same may be proved by an affidavit by such person or by a certificate execu1cd by an officer of a bank or trust company showing that on the date Iberein mentioned such person had on deposit with such bank or InIst company the Bonds described in such certificate. Sectlno 17, Severability. If any section, paragnoph, or provision of this Resolution shall be held 10 be invalid or unenforceable for any reason, the invalidity or unenforce- ability of such section, _ph or pr0- vision shall not affect any of the remaining provisions. Sectino 18, Repeal of Conflicting Ordi- nances or Resolutions and Effective Date. All other ordinances, JCsolutions and orders, or parts Iberecf, in conflict with the pr0- visions of this Resolution are, 10 the extent of sucb cooflic~ bereby repealed; and this Resolution shall be in effect ITom and after its adoption. Adop1cd and approved this 7th day of May, 1990. James E. Brady Mayor Atteat: Mary A. Davia City Clerk Coomcil Member Voetbcrg moved adop- tion of the Resolution. Seconded by Council Member Ptatt. Carried by the following vote: Yeas-Mayor Brady, Cooncil Members Deicb, Heckmann, Kluesner, Nieholson, Pratt. Voetberg. Nays-None. RESOLUTION NO, 196-90 RESOLUTION AUTIIORIZING AND PROVIDING FOR THE ISSUANCE OF $1,965,000 GENERAL """" - OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS. Whereas, the issuer is duly incorporated, organi:œd and exista under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the Issuer is in need of funds to pay costs of the conslnlction, extension, improvement. and equipping of works and facilities useful for the collection and diaposa1 of surface wateR and sttcamS and extensions and improvements 10 the existing aiIpott, an essential corporate pllIpOsc, and it is deemed necessary and advisable that Geoera1 Obligation Bonds in the amount of $220,000 be issued for said purpose; and Whereas, pursuant 10 notice published as required by Section 384.25 of said Code, this Coomcil has held a public meeting and hear- ing opon the proposal to institute proceed- ings for the issuance of said Bonds, and the council is therefore now authori:œd 10 pr0- ceed with the issuance of said Bonds; and Whereas, the Issuer is in need of funds 10 pay costs of reconslnlcting, improving and equipping of swimming pools, a general cor- porate pllIpOse, and it is deemed necessary and advisable that its General Obligation Bonds in the amoomt of $1,745,000 (lbe remaining portion of a total authorization of $3,245,000) be issned for said purpose; and Whereas, this Council, pursuant 10 Section 384.26 of said Code, did legally cali a City election, fixing the time and place thereof, and did legally submit 10 the qualified eleeton of the City the proposition of issuing Geoera1 Obligation Bonds of the City in an amount not exceeding $3,245,000, for the aforesaid purpose, and caused 10 be given legal, sufficient and timely notice of said election and the time, place and purpose thereof; and Whereas, the City election was duly and legally held and conduc1cd on March 14, 1989, pursuant 10 said cali and 10 a legal notice duly given by publication in a legal newspaper, pin1cd wholly in the Englisb language, publisbed at least once weekly, and having general circulation in the City, said publication in said newspaper appearing on a date not less than 4 clear days nor more than 20 days prior 10 the date of said elec- tion, all in strict compliance with the law and the orden of said Council and Ibe County Commissioner ofElections; the affir- mative vote on said proposition being eqns! 10 more than 60% of the Iota! vote cast for Regular Session, May 7, 1990 267 and against said proposition at said election; said proposition having been dee1ared and at all times certified 10 have been duly adopted, no contest therecf having been made; and Whereas, pursuant 10 Section 384.28 of the City Code of Iowa, it is bereby found and determined that the various general obligation bonds authori:œd as hereinabove described shall be combined for the purpose of issuance in a single issue of Corporate Purpose Bonds as bereinaftcr set forth; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, fOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication reqnires otherwise: (a) "Bonds" shall mean $1,965,000 General Obligarion Bouds, authori:œd 10 be issued by this Resolution; (b) "Issuer" and "City" shall mean the City of Dubuque, Iowa; (c) "Paying Agent" shall be Bankers Trust Company, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent 10 provide for the payment of principal of and interest on the Bonds as the same shall become due; (d) "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds; (e) "Rebate Fund" shall mean the fund so defined in and establisbed pursuant to the Tax Exemption Cenificate; (I) 'Regis_" shall be Bankers Trust Company of Des Moines, Iowa, or such suc- cessor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect 10 maintaining a register of the owners of the honds. Unless otherwise specified. the Regi- s- shall also act as Transfer Agent for the bonds; (g) "Tax Exemption Cenificate" shall mean the Tax Exemption Certificate exe- cuted by the Treasurer and delivered at the time of issuance and delivery of the Bonds; and (h) "Treasurer" shall mean the City Treasurer or such other officer as shall succeed 10 the same duties and responsibilities with respect 10 the reoording and payment of the Bonds issued hereunder. SectIon 1. Levy and Certification of Annual Tax; Other Funds 10 be Used. (a) Levy of Annual Tax. That for the purpose of providing funds 10 pay the pin- cipal and interest of the Bonds hereinafter authori:œd 10 be issued, there is hereby levied for each future year the following direct annns! tax on all of the taxable property in Dubuque, fow., t<>-wit: FISCAL YEAR (JULY I TO JUNE 30) YEAR OF ~ COLLECTION $201,381.00 $291,453.00 $290,997.00 $284,838.00 $288,275.00 $280,675.00 $287,658.00 $278,145.00 $273,080.00 $267,000.00 1990/1991" I99In992 199211993 1993/1994 1994/1995 199511996 1996/1997 1997/1998 199811999 1999/2000 (NOTE: For example the levy 10 be made and certified against the taxable valuations of January 1, 1990 will be collected during the fiseal year commencing July I, 1991). "Ifnot collected ITom previously budgeted funds, 10 be added 10 auce<eding year. (b) Resolution 10 be Filed With County Auditor. A cenified copy of this Resolution should be fIled with the County Auditor of Dubuque County, Iowa, and said Auditor is hereby inSlnlcted in and for each of the years as provided, 10 levy and assess the tax hereby authori;œd in Section 2 of this Resol- ution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additions! City Funds Available. Prin- cipal and interest coming due at any time when the proceeds of said tax on band shall be insufficient 10 pay the same shall be promptly paid when due ITorn current funds of the City available for that PIlIpOse and reimbursement shall be made from such special fund in the amounts thus advanced. 268 Section 3, Bond Fund. Said tax sball be collected eacb year at the same time and in the same manner as, and in addition 10, all other taxes in and for the City, and when collected they shall be converted inlo a special fund within the Debt Service Fund 10 be known as the "General Obligarion Bond Fund 1990 NO. I" (the "Bond Pnnd"), which is hereby pledged for and shall be used only for the payment of the principal of and intereSt on the Bonds hereinafter authori:œd 10 be issued; and 0110 there shall be appor- tioned 10 said fund ita proportion of taxes received by the City ITorn railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Department of Revenue. Section 4, Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited 10 the Project Fund and expended thereITem for the purposes of issuance. Any amounts on hand in the Pr0- ject Fund shall be available for the payment of the principal of or intereSt on the Bonds at any time that other funds shall be insufficient 10 the purpose, in which event such funds shall be repaid 10 the Project Fund at the earliest opportunity. Any halance on hand in the Project Fund and not immediately re- quired for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, sball be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in direct I Qbligations of the United States Govemment 'or deposited in financial institutions which lire members of the Federal Deposit Insur- OÍ\ce Corporation or the Federa1 Savings and Loan Insurance Corporation and the deposits in wbich are insured thereby and all such deposits exceeding the maximum amount insured ITorn time 10 time by FDIC or FSLlC or its equivalent successor in anyone financial institution sball be continuously secured by a valid pledge of direct obli- gations of the United States Govemment having an equivolent market value. All such interim investrœnta shall mature before the date in which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. (a) Bond Details. General Obligation Bonds of the City in the amount of $1,965,000, shall be issued pursuant 10 the """ Interest ~ Principal Amount Maturity May 1st 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 6.05% $ 80,000 6.15% 170,000 6.20% 180,000 6.25% 185,000 6.30% 200,000 6.35% 205,000 6.45% 225,000 6.55% 230,000 6.70% 240,000 6.80% 250,000 (b) Redemption. Bonds maturing after May I, 1998, may be ealled for redemption by the issuer and paid before maturity on said date or any date therea1ter, ITorn any funds regardless of source, in whole or ITom time 10 time in part. in any order of maturity and within an annual maturity by lot by giving notice as provided herein, 10 the registered owner of the Bond. The tenDS of redemption shall be par, plus accrued interest 10 date of eall. Tbe Registtar will give notice of redemp- tion, identifying the Bonds (or portions thereof) 10 be redeemed, by mailing a copy of the redemption notice by first class ..wI not less than thirty (30) days nor more than sixty (60) days prior 10 the date fixed for redemption 10 the registered owner of each Bond (or portion thereof) 10 be redeemed at the address shown on the registration hooks ..wntained by the Bond Registrar. Failure to give such notice by mail 10 any registered owner of the Bonds (or portion therecf) or any defect therein shall not affect the validity Regular Session, May 7, 1990 269 of any proceedings for the redemption of other Bonds (or portions therecf). All Bonds (or portions thereof) so calied for redemption will cease 10 bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment at that time. If selection by lot within a maturity is required, the Registtar shall by random selection of the names of the registered owners of the entire annual maturity select the bonds 10 be redeemed until the total amount of Bonds 10 be calied has been reached. Section 7, Registration of Bonds; Appointment of Registrar, Transfer, Ownership; Delivery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an enlt)' upon the hooks kept for the registration and transfer of ownership of the Bonds, and in no other way. Bankers Trust Company is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate ngreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar sball maintain the bonks of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, sul!ject to the provisions for registration and transfer contained in the Bonds and in this resolution. (b) Transfer. Tbe ownership of any Bond may be transferred only upon the Regis- tration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar Iogether with an assignment duly executed by the holder or his duly authori:œd attorney in fact in such form as shall be satisfactory 10 the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is 10 be made in the name of multiple individns!s, of all such transferees). In the event that the address of the registered OWner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information per- taining 10 the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomi- nation or denominations permitted by this Resolution in aggregate principal amount equal 10 the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates sball be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in acecadance with the provisions of this Resolution. Regular Session, May 7, 1990 provisions of section 384.28 of the Cìty Code of Iowa for the aforesaid puTpose. The Bonds shall be designated "General Obliga- tion Bond", be dated May IS, 1990, and bear interest ITem the date thereof, until payment thereof, at the office of the Paying Agent, said intereSt payable on May I, 1991, and semiannually tberea1ter on the 1st day of November and May in each year until matur- ity at the rates hereinafter provided. The Bonds shall be executed by the fac- simile signature of the Mayor and attested by the facsimile signature of the Clerk, and printed with the seal of the City and shall be fully registered as 10 hoth principal and interest as provided in this Resolution; prin- cipal, interest and premium. if any, shall be payable at the office of the Paying Agent by mailing of a check 10 the registered owner of the Bond. The Bonds shall be in the denomi- nation of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: (d) Ownership As 10 any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner therecf for all purposes, and payment of or on account of the principal of any such Bonds and the pre- mium, if any, and interest thereon shall be made only 10 or opon the onIer of the regi- stered owner therecf or his legal represen- tative. All such payments shall be valid and effectns!1o satisfy and discharge the liability upon such Bond, including the interest therecn, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed sball not be reissued but shall be canceled by the Registrar. All Bonds which are canceled by the Registrar shall be destroyed and a certificate of the destruction therecf shall be fnrnisbed promptly 10 the Issuer, provided that if the Issuer shall so direct. the Registrar shall forward the can- celed Bonds 10 the Issuer. (f) Non-Presenlment of Bonds. In the event any payment check representing pay- ment of principal of or interest on the Bonds is returned 10 the Paying Agent or if any bond is not presented for payment of prin- cipal at the maturity or redemption date, if funds sufficient 10 pay such principal of or interest on Bonds shall have been made available 10 the Paying Agent for the benefit of the owner therecf, all liability of the Issuer 10 the ownèr thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely dis- charged, and thereupon it shall be the dnty of the Paying Agent 10 hold such funds, without liability for interest therecn, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively 10 such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation 10 hold such funds sball continue for a period eqns!1o two years and six months following the date on which - --- -- --- 270 R8IIular Session, May 7,1990 such in-t or ptincipal became due, whether at maturity, or at the date fixed for redemption thcn:of, or otherwiae, at whieb time the Paying A¡ent, abaI1 s1lt1<lldc< any mnainiDg funds so held 10 the lasuer, wbcteupon any claim 11IIdc< this Resolution by tho owners of sucb in_t or Bonds of whatevo< nature shall be made upon the issuer. (g) Registration and Tl8DSfer Fees. The Regislrar may famisb 10 eacb owner. at the issuer's expenae, one bond for each annual mablrity. The Regislrar shall fumisb additional bonds in lessee denonùlalions (but not leas than the minimum denomination) 10 an owner who so requests. Section 8, Reisauance of Mutilated, Des- Iroyed, S1oIen or Lost Bonds. In case any outstanding Bond shall become mutilated or be deslroyed, slolen or lost. the Issue< shall at the request of Regislrar authenticate and deliver anew Bond of like tenor and amount as the Bond so mutilated, destroyed, slolen or lost. in excbange and substitution for sucb mutilated Bond 10 Regislrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond deslroyed, slolen or los~ upon filing with the Regislrar evidence satisfactory 10 the Registrar and Issuer that such Bond bas been deslroyed, slolen or lost and proof of ownership thcn:of, and upon famishing the Regislrar and issuer with satisfactory indenmity and complying with such other reasonable œgulations as the issuer or its agent may prescribe and paying such expenses as the Issuer may incor in connection therewith. SectIon 9. Record Date. Payments of priocipal and in_~ otherwise than upon full redemption, made in respect of any Bond, abaI1 be made 10 the registered holder thcn:of or to their deaignated agent as the same appear on the hooks of the Regislrar on the 15th day of the month preceding the payment date. All such payments shall fully diacbaIge the obligations of the issuer in œapect of sucb Bonds 10 the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond 10 the Paying AgenL SectIon 10. Execution. Authentication and Delivery of the Bonds. Upon the adoption of this ReaoIution, tho Mayor and Clo<k shall exc<:ute and deliver the Bonds 10 the Regi- Slrar, who shall authenticate the Bonds and deliver the same 10 or upon orck:z' of the Purebaaer. No Bond shall be valid or obli- gatory for any putpose or shall be entitled 10 any right or benefit hereunder unless the Regislrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate heœin set forth. Sucb Certificate upon any Bond exc<:uted œ behalf of the lasuer shall be cœclusive evidence that the Bond so authenticated bas been duly issued undo< this Resolution and that the holder thereof is entitled 10 the benefits of this ReaoIution. No Bonds shall be authenticated and delivered by the Regislrar unless and until there shall bsve been provided the following: 1. A certified copy of the resolution of issuer authorizing the issuance of the Bonds; 2. A written orck:z' of Issue< signed by the City Treasurer of the Issue< directing the authentication and delivery of the Bonds 10 or upon the order of the Purebaaer upon payment of the purchase price as set forth therein; 3. The approving opinion of Alders, Cooney, Dorwei1er, Haynie, Smith & Allbee, P.C., Bond Counsel, eoneeming the validity and legality of all the Bonds proposed 10 be issued. Sec:llon 11, Right 10 Name Substitute Paying Agent or Registrar. Issuer reserves the right 10 name a substitute, successor Regislrar or Paying Agent upon giving prompt written notice 10 each registered bondholder. SedIon 12. Form of Bond. Bonds shall be printed in substantial compliance with stan- daJds proposed by the American Standards Institute substantially in the form as follows: """"""""""""""""""""""""""""" i~ ~i ¡~ B5 ¡ ¡ i '" I ¡ !1-~I~P'=lI"'I¡ ! I '" I ¡ ¡ I ,.., I ¡ ¡ I '_'~H~'::'~*"""_' I ¡ i 1m"""," II "" 1.\ "" I í ,í"""""""""""""""""""""""""""",í '¡::::.¡ Rejlular SeSSion, May 7, 1990 ,..~:¡:....., ,.- The text of the Bonds to be located therecn at the item numbers shown shall be as follows: Item I, figure 1= "STATE OF IOWA" "COUNTY OF DUBUQUE" "ClTYOFDUBUQUE" "GENERAL OBUGATIONBOND" "CORPORATE PURPOSE" Item 2, figure 1= Rate: Item 3, figure 1= Maturity: Item 4, figure 1= Bond Date: May 15, 1990 Item 5, figure 1= Cusip # Item 6, figure 1= "Registered" Item 7, figure 1= Certificate No. Item 8, figure 1= Principal Amount: $ Item 9, figure 1= The City of Dubuque, Iowa, a municipal corporation mgani:œd and existing under and by virtue of the consti- tution and laws of the State of Iowa (the "Issuer"), for value received. promises to pay I ITem the source and as hereinalter provided, on the maturity date indicated above, to Item 9A. figure I = (Registration panel 10 be completed by Registrar or Printer with name of Registered Owner). Item 10, figure I = or registered assigns, the principal sum of (principal amount written out) Thousand Dollars in lawful money of the United States of America, on the maturity date shown above, olÙY upon presentation and surrender herecf at the office of Bankers Trust Company, Paying Agent of this issue, or its successor, with interest on said sum ITem the date hereof until paid at the rate per annum specified above, payable on May I, 1991, and semi- annually thereafter on the 1st day of November and May in each year. Interest and principal shall be paid 10 the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest shall be computed on the basis of a 36()'day year of twelve 30; ay months. This Bond is issued pursu.nt to the provisions of Section 384.28 of the City Code of Iowa, for the purpose of paying costs of the construction, reconstruction, extension, improvement and equipping of works and facilities useful for the collection and disposal of surface waters and streams; extensions and improvements 10 the existing aitport and reconstructing, improving and equipping of swimming pools, in conformity 10 a Resolution of the Council of said City duly passed and approved. Bonds maturing after May I, 1998, may be calied for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or ITem time 10 time in part. in any OI'der of maturity and within an annual maturity by lot by giving not less than thirty (30) days' nor more than sixty (60) days' notice oftedemptioo by first class mail as provided in the Resolution 10 the registered owner of the Bond. The terms of redemption shall be par, plus accrued interest to date of cali. Ownership of this Bond may be trans- ferred only by transfer upon the books kept for such pllIpOse by Bankers Trust Company, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar, together with an assignment duly executed by the owner hereof or his duly authori:œd attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give norice 10 registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Com- men:ial Cnde and Section 384.31 of the Code of Iowa, subject 10 the provisions for registration and transfer contained in the Bond Resolution. This Bond is a "quslified tax-exempt obli- gation" designated by the City for purposes of Section 265(b)(3)(B) of the Interns! Revenue Code of 1986. And it is hereby represented and certified that all acts, conditions and thiogs reqnisite, according to the laws and Constitution of the State of Iowa, to exis~ to be bad, 10 be done, 271 Regular Session, May 7, 1990 [opinion of Bond Counsell Item 17, figure 2= (Assignment !IIock! (Information Required for Registration) ASSIGNMENT For value received, the undel1iigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ~ the within Bond and does hereby irrevocably consOlute and appoint - attorney in fact Lo transfer the said Bond on the books kept fm registration of the within Bond, with rull power of substitution in the premises. 272 or 10 he performed precedent 10 the lawful issue of this Bond, have been existent, had, done and perfonned as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the same will respectively become due; that the faith, credit. revenues and reoources and all the real and persons! property of the Issuer are iIrevocably pledged for the prompt payment hereof, both principal and interest; and the Iota! indebtedness of the Issuer inclnding this Bond, does not exceed the constitutional or statutory limitations. In testimony whereof, the Issuer by its council, has caused this Bond to be signed by the facsimile signature of its Mayor and attested by the facsimile signature of its L'ity Clerk, with the seal of said City printed hereon, and to be authenticated by the manual signature of an authori:œd represen- tative of the Registrar, Bankers Trust Company, Des Moines,lowa. Item 11, figure 1= Date of authenticatioo: Item 12, figure 1= This is one of the Bonds described in the within mentioned Resolution, as registered by Bankel1i Trust Company. BANKERS TRUST COMPANY By: Registrar Item 13, figure 1 = Registrar and Transfer Agent: Bankers Trust Company Paying Agent: Bankel1i Trust Company Item 14, figure I = (Seal) Item 15, figure I = (Signature Block] City of Dubuque, Iowa By: ( facsimile si.nature ) Mayor Attest: ( facsimile sionature ) City Clerk Item 16, figure 2= It is certified that the following is a correct and complete copy of the opinion of bond counsel issued as of the date of delivery of the issue of which this Bond is a part. ( facsimile si.nature ) City Clerk Dated (Pel1ion(s) executing this AssignmenL sign(,) here) SIGNATURE) GUARANTEED) IMPORTANT - READ CAREI'lJI.I.Y The signature(s) to this power must cor- respond with the name(s) as written upon Ihc face of the certificate(s) or hond(s) in every particular without alteration or enlargement or any change whatever. Si8nature guarantee should be made by a member or member organiution of the New York Stock Exchange, membel1i of other Exchanges having signatures on file with transfer agents or by a commercial bank or trust company. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name ofTransferee(s) Address of Transferee(s)- Social Security or Tax Identification Numhcr of Transferee(s) Transferee is a(n):__- Individual- - Corporation- Partnership- Trust -If the Bond is to be registered in the names of multiple individual ownel1i, the names of all such ownel1i and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as thou8h written out in full according 10 applicable lsws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties Regular Session, May 7,1990 IT TEN - as joint tenants with right of survivorship and not as tenants io common IA UNIF TRANS MIN ACT """""" Custodian ..........(Cust) (Minor) under Iowa Uniform Transfers 10 Minors Acl.............(State) Section 13. Contmct Between Issuer and Pnrehaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. SectIon 14. Non-Arbitmge Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds ITem the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds 10 be classified as arbitmge bonds within the meaning of Section 148(a) and (b) of the Intemal Revenue Code of the United States, and that throughout the term of said Bonds it will comply with the reqnirements of said statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or cireumstances that would matenally change the foregoing statements or the cooc1usion thaI it is not expected that the proceeds of the Boods will be used in a manner that would cause the Bonds to be arbiJrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees 10 comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as pan of this Resolutinn. The Treasurer is hereby directed 10 make and iosen all ealculations and determinations necessary to complete the Tax Exemption Certificate in all respects and 10 execute and deliver the Tax Exemption Certificate at issuance of the Bonds 10 certify as to the reasonable expectatioos and covenants of the Issuer at that date. Section IS. Severability Gause. If any section, paragraph, clause or provisiun of this Resolution be held invalid, such invalidity shall not affect any of the remaining provi- sions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 16. Additional Coveoants. Repre- sentations and Wananties of the Issuer. The Issuer certifies and covenants with the pun:hasers and holders of the Bonds ITem time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or 273 advisable; (b) comply with all represen- tations, COvenants and assurances contained in the Tax Exemption Certificate, which Tax Exemptioo Certificate shall constitute a part of the contmct between the Issuer and the owners of the Bonds; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay 10 the United States, as necessary, such sums of rooney ropresentiug reqnired rebates of excess arbitmge profits relating 10 the Bonds; (e) fIle such forms, statements and supporting documents as may be reqnired and in a timely manoe~ and (I) if deemed necessary or advisable hy its officel1i, to employ and pay fiscal agents, financial advisors, attorneys and other pel1ions to assist the Issuer in such compliance. Section 17. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any Owner of the Bonds if, in the opinion of bond connsel, such amendment is necessary 10 maintain tax exemption with respeCl1o the Bonds under applicable Federal law or regulations. Section 18. Qns!ified Tax-Exempt Obliga- tions. For the sole pllIpOse of qualifying the Bonds as "Qns!ified Tax Exempt Obliga- tions" pursuant to the Internal Revenue Code of the United States, the Issuer designates the Bonds as qualified tax-exempt obliga- tions and represents that the reasonably anticipated amount of tax exempt govern- mental and Code Section 501 (c)3 obligations which will be issued during the current ealendar year will not exceed Ten (10) Million Dollars. Section 19, Repeal of Conflicting Resolu- tions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Passed and approved this 7th day of May 1990. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Kluesner moved adop- tion of the Resolotion. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbetg. Nays-None. Communication of City Manager re- questing he be authorized 10 execute a --..- -------....... 274 Regular Session, May 7,1990 conlIaCt with Sband Associations, Inc., for engineering services for a "Plan of Action" study for the Dobuque Water Pollution Con- trol Plant for a limi1ed fee of $47,500, 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, Cooncil Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Voetberg. Nays-None. RFSOLUTJON NO, 197-90 AUTHORIZATION TO HIRE A CONSULTING FIRM TO DEVELOP A PLAN OF ACTION STUDY FOR THE WATER POLLUTION CONTROL PLANT. Whereas, a Plan of Action study is 10 be conduc1ed at the Dubuque Water Pnllution Control Plan~ and Whereas, Sband Associates, Inc., has submitted to the City an ngreement to con- duct this study for an amount not 10 exceed 47,500; and Whereas, funds have been legally appro- priated for this expenditure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That the City Manager be authorized 10 execute the Agreement for professional services with Sttand Associates, Ino., dated Apri123, 1990, for development of a Plan of Action study at Dubuque Water Pollution Control Plant. Passed, approved and adopted this 7th day of May, 1990. James E. Brady Mayor Atteat: 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 Btudy, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Voetberg. Nays--None. Communication of City Manager request- ing he be authori:œd 10 execute a contIact with Interstate Power Company that will provide intem1ptible power service 10 the Water Plants'lime sludge facility, presented and read. Council Member Voetberg moved .. '. that the communication 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, Nicbolson, Pratt. Voetberg. Nays-None. Communication of City Mannger request- ing Staff be authori:œd 10 proceed with the maintenance work for the water plant's north clarifietS and approve additional funds in the amount of $20,000, presented and read. Council Member Voetberg moved that the communication be received and fIled and request approved. 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 execution of an addendum 10 Precon- struction Agreement with the Iowa DOT for improvements of U.S. primary Highway 61 within the City, presented and read. Council Member Voetbetg moved that the communi- cation be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Coun- cil MembetS Deich, Heckmann, Kluesner, Nicholson, Pratt. Voetberg. Nays-None. RESOLUTION NO- 198-90 RESOLUTION APPROVING AN ADDENDUM TO PRECON- STRUCTION AGREEMENT 87-4-210 WITH THE IOWA DEPARTMENT OF TRANSPORTATION RELATIVE TO RELOCATED 61 PROJECT. Whereas, a Pre-Design Agreement 73-P- 024 for preliminary design concepts for the U.S. Primary Highway 61 located within the City was executed by the City of Dubuque and the Iowa Department of Transportation on March 6, 1973 and April 4, 1973, respectively; and Whereas, a Preconstruction Agreement 87- 4-210 for conslrUCtion of Relocated 61 from near Gnmdview Avenue northerly and easterly 10 U.S. 61/Mississippi River Bridge was executed by the City and I.D.O.T. on January 31 and February 17, 1979, respect- ively; and Whereas, in the construction of the 3rd Street overpass by the Iowa Department of Transportation it was considered necessary by the City of Dubuque 10 construct a staircase at the east end of the bridge crossing the railroad systems for Rl!gular Session, May 7, 1990 275 accommodation of pedestrians visiting Iourism attractions in the westerly end of the fce Harbor; and Whereas, the addition of this facility will necessitate a change order 10 the contracts already awarded by the Iowa Department of Transportation; and Whereas, under the addendum, the City is agreeing 10 reimburse the State for actual construction and engineering cost now esti- mated at $44,900.00; and Whereas, upon completion the City will accept ownetShip of the proposed pedestrian staircase and shall thereafter be responsible for all the future structural maintenance associated therewith all at no cost or obli- garion 10 the Iowa Departroent of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE ClTY COUNCIL OF THE CITY OF DUBUQUE,IOWA: SectIon I. That the City Council approves the addendum 10 the Preconstruction Agree- ment identified as I.D.O.T. ngreement 87-4- 210 relative t the construction of a staircase on the 3rd Street ovetpass on the east side of the railroad system in the Ice Harbor area. Sedlnn 2. That the Mayor be authorized and directed 10 execute two copies of the addendum to this Preconstruction Agreement with the Iowa Department of Transportation. Passed, approved and adopted this 7th day of May, 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 MembetS Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbetg. Nays-None. Communication of City Manager request- ing May... be authori:œd 10 execute an amendment 10 the Annual Contributions ContIact. with HUD for Section 8 Program Existing Housing Certificates, presented and read. Council Member Voetbetg 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, Nays-None. Voetberg. RESOLUTION NO. 199-90 A RESOLUTION AUTHORIZING EXEClJTION OF AN AMENDED ANNUAL CONTRIBUTIONS CONTRACT FOR SECflON 8 EXfSTING HOUSING CERTI- FfCATES, PROGRAMS NO. 1A05- E087-ool¡U12. Wbereas, contracts for certain programs under the consolidated Annns! Contributions Contract for existing housing certificates are scheduled for expiration, in 1991; and Whereas, the U.s. Departrnent of Housing and Urban Development has extended these funding commitments throngh the offering of an amended consolidated contrac~ and Whereas, the Department reqnires execu- tion of this contract for the City's admini, stration of these funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNClL OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque be and he is bereby authori:œd and directed 10 execute an amended Annns! Con- tributions Contract. with the U.S. Deparlrnent of Housing and Urban Development. for Pr0- ject No. 1A05-EO87-oolftJl2. under Master Annns! Contributions Contract No. KC- 9004E, on behalf of the City of Dubuque. Section 2. This resolution shall take effect immediately. Passed, approved and adopted this 7th day of May, 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 ¡<:com- mending to change the slop sign control at the intersection of Chavenelle Road and Radford Road in conjunction with Phase" of the Industrial Pari:, presented and read. Council Member Pratt moved that the 276 Regular SessIOn, Maï 7,1990 NORTHBOUND AND SOUTHBOUND communicalion be roceived and fIled. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Coonål Members Deich, Heckmann, Kluesncc, Nicholson, Prart, Voetherg. Nays-None, An Ordinanœ Amending the Code of Ordinanœs by roodifying subsection (b) of Section 32-214 therecf providing for the eban¡e in designation of Slop Signa at,the in-on of Chavencl1e Road and Radford Road and the addition of a slop sign at the in_on of Wolff Road and Radford Road, _ted and read. (OFFICIAL PUBLICATION) ORDINANCE NO, 40.90 AN ORDINANCE AMENDiNG THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE. IOWA BY MODIFYING SUBSECTION (b) OF SECTION 32-214 THEREOF PROVIDING FOR THE CHANGE IN 'DESIGNATION OFSTOP SIGNS AT THE INTERSECTION OF CHA V,ENELLE ROAD AND RADFORD ROAD AND THE ADDmON OF A STOP SIGN AT THE INTERSECTION OF WOLFF ROAD AND RADFORD ROAD. . NOW, THEREFORE, BI\ IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFjjUBUQIJE,IOWA: Section 1. That the Code of Ordinances of the Çity of Dubuque: Iowa be amended by deleting Chavenelle Road ITem Subsection ,(Q) of Section 32-214 thereof as follows: "Sec. 32-214. Slop Intersections. (b) WESTBOUND Cbavenelle Road and Radford." Sectlnn 2. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding the following streets 10 Subsection (b) of Section'32-214 thereof as follows: "Sec. 32-213. Slop Intersections. (b) Radford Road and Chavenel1e Road EASTBOUND Wolff Road and Radford Road." Passed, approved and adopted this 7th day of May, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Pnblished officially in the Telegraph Herald newspaper this 14th day of May, 1990. Mary A. Davis City Clerk It 5/14 Council Member Pratt moved that this be considered the first reading of the Ordinance and that the reqnirernent that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior 10 the meeting at which it is 10 be finally adopted be suspended and further moved fins! ad0p- tion of the Ordinance. Seconded by Council Member Nicholson. 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 deleting Radf""d Road as a througb street in subsection (b) of Section 32-213, preaented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 41-90 AN ORDINANCE AMENDiNG THE CODE OF ORDiNANCES OF THE CITY OF DUBUQUE, IOWA BY DELETING RADFORD ROAD AS A THROUGH STREET IN SUB- SECTION (b) OF SECTION 32-213. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section L That the Code of Ordinances of the City of Dubuque, Iowa be amended by deleting Radford Road ITom Subsection (b), of Section 32-213 thereof as follows: 277 Regular Session, May 7, 1990 "Sec. 32-213. Entering Through S1reets. I Whereas, The premises to be occupied by such applicants were inspected and found to (b) comply with the Ordinances of this City and have filed proper bonds; Radford Road, ITem its southerly terminus at the city limits 10 the south property line of Pennsylvania Avenue, and ITom the north property line of Pennsylvania Avenue 10 its northerly terminus of the city limits. Passed, approved and adopted this 7th day of May, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved that this be considered the first reading of the Ordinance and that the reqniremeot that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is 10 be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbetg. Nays-None. BOARDS AND COMMISSIONS FIRE AND POLICE RETIREMENT SYSmMS (BOARD OF TRUSTEES) Vacancies: 1 Term which will expire 3- 31-92 and 2 Terms which will expire 3-31- 94. Applicants: Larry Herrig, Mary Kay Schwind and Mark Willging. Mayor makes appointments with approval of the City Council. Council Member Pratt moved to approve the Mayor's reconunendarion that Mark Willging be appointed 10 the term that will expire 3-31-92 and Mary Kay Schwind and Larry Herrig be appointed to terms which will expire 3-31-94. 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, 200.90 Wbereas, Applications for Beer Permits have been submitted and filed 10 this Council for approval and the same bave been exa- mined and approved; and NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "BE" BEER PERMITS Walgreen Company, Walgreens 5551. F Kennedy CLASS "B" BEER PERMIT Dubuque Downtown Association 8th and Bluff St. Niles of the Square Table 6th S1reet Locust and Bluff S1reets Donna M. Ginter, Special Event 7th Street CLASS "c" BEER PERMIT McCann's Service, Inc. 670 W. Locust St. Passed, approved and adopted this 7th day of May 1990. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Deich moved adoption of the Resolution. Seconded by Council Member Voetbetg. Carried by the fOllowing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 201-90 Wbereas, applications for Liquor Licenses have been snbmitted 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 foond to comply with the State Law and all City Ordinances relevant thereto and they have fIled proper honds; Regular Session, May 7, 1990 vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prart, Voetbetg. Nays-None. MINUTES SUBMITfED - Electrical Examining Board of 4-25; Five Flags Commission of 4-16 & 4-23; Housing Code Appeals Board of 4-5; Housing Code Review Committee of 4-5; Housing Commission of 4-11; Plumbing Board of 4-11 & 4-17; Zoning BoaId of Adjustment of 3-22; Keyline's Comparative Earnings Statement and Statistics for 3rd Quarter of F.Y. '90, presented and read. Council Member Voetbetg moved that the minutes be received and fIled. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prart, Voetberg. Nays-None. NOTICES OF CLAIMS AND SillTS - Jerome Beckman in unknown amount for property darnnges; Dubuque Policemen's Protective Association submitting a "Prohibited Practice Complaint"; Wm. Luensmann et al submitting "Writ of Certiorari" regarding rezoning of Loras College's reques~ Ellen Maloney in unknown amount for persons! injuries; Karen Omori in estimated amount of $141.20 for car damages, presented and read. Council MemberVoetbetg moved that the claims and suils be referred to the Legal Staff for investigation and report. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Coun- cil Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communications of Corporation Counsel recommending settlements of sewer backup claim of Richard Fahey in the amount of $124.50 and car door lock damages of Wi!ITed Fischer in the amount of $30.00, presented and read. Council Member Voetbetg moved that the recommendations be approved wilh Finance Director 10 issue proper checks. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Voetbetg. Nays-None. Communications of Corporarion Counsel recommending closures of car damage claim of Tom Greenawa1~ se- backup claim of Lynn E. Lampe; se- backup claim of Michele Schuster; unnecessary replacement of sidewalk claim of Thomas and Helen Walsh, presented and read. Council Member Voetbetg moved that the communications be reoeived and filed and recommendations approved. Seconded by Council Member 278 NOW, THBREFORE,BE IT RESOLVED BY TJIE CITY COUNCIL OF TJIE CITY OF DUBUQUE. IOWA; That the Manager be authorized 10 cause 10 be issued the following named applicants a liquor License. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Publishers, Wm. C. Brown Company, Hoffman House Restaurant 3100 Dodge St. C1.ASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Big River Boat Company, Inc., Pelican Pier, 1635 E. 16th St. Donna M. Ginter, Silver Dollar 1701 Asbury Rd. Beverly A. Larsen, Denny's Lux Club 3050 Asbury Rd. D.B.Q. Inc., Shot Tower Inn 390 Locust St. Riverside Bowl, Ino. 1860 Hawthorne St CLASS "BW" (SPECIAL) BEER AND WINE PERMIT New French Cafe, Inc., Taste of Ft8Dce 467 Bluff St. James E. Brady Mayor Attest: Mary A. Davis City Clerk Passed, approved and adopted this 7th day of May 1990. Council Member Deich moved adoption of the Resolution. Seconded by Council Member Voethetg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deicb, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Abstain---Council Member Heckmann on Hoffman House Restaurant only. Dubuque Downlown Association request- ing 10 tranSfer their Beer permit 10 the Locust Street Ramp in case of rain during DuhoqueFest days, presented and read. Council Member Deich moved that the tranS- fer be approved. Seconded by Council Member Voetberg. Carried by the following Regular Session, May 7, 1990 279 Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Voetbetg. Nays-None. Proofs of Publication on a Notice of Finding of No Significant Effect on the Environment for the Dubuque Downlown Hotel and Hess Brick. Inc. projects, pre- sented and read. Council Member Voetberg moved that the proof of publication be received and fIled. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prart, Voetberg. Nays-None. Petition of Mark Eisbach, President of Dubuque Supply Company, Inc. requesting that the 10 hour meters on the south side of East Sixth Street be cbanged 10 15 minute meters, presented and read. Council Member Voetbetg moved that the petition be referred 10 the City Manager and staff. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Coun- cil Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Petition of Mary Ann Schiesl requesting "No Parking" sign located between East & North on 12th Street to Grove Terrace, pre- sented and read. Council Member Voetberg rooved that the petition be referred 10 the City Manager and Staff. Seconded by Coun- cil Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Coun- cil Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Voetbetg. Nays-None. Petition of David and Esther J. Thome requesting vacation of property located in "Belmont Addition", presented and read. Council Member Voetberg moved that the petition be referred to the City Manager and Staff. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbetg. Nays-None. Communication of City Mannger submit- ting Financial Report for the month of March, 1990, presented and read. Council Member Voetbetg moved that the communi- cation be received and fIled. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Coun- cil Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbetg. Nays-None. REFUNDS REQUESTED - New French Cafe, Inc. $253.12 on unexpired Class "BW" Permit and Joyce Lorenz $211.25 on uoexpired Liquor License, presented and read. Council Member Voetbetg moved that the refunds be approved and Finanee Director 10 issue the proper checks. Seconded by Council Member Nicholson. 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 the subdivision of Raven Oaks No.2, presented and read. Council Member Voetbetg moved that the communication be received and fùed. 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. 202-90 A RESOLUTION AUTHORIZING APPROVING THE FINAL PLAT OF RAVEN OAKS NO. 21N THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Raven Oaks No.2, in the City of Dubuque, Iowa; and Whereas, said final plat has been examined by the City Planning and Zoning Commission and had 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 statutes and ordinances relaring thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Sectlnn 1, That the final plat of Raven Oaks No.2, io 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 upon said final plat, pro- vided that the owners of said property shall execute a written acceptance hereto anached acknowledging and agreeing: a) To install concrete sidewalks as re- quired by Ordinances in accordance with plans and specifications approved by the City Manager, under inspection of the City Engineer and in a manner approved by the City Manager. -- 280 R~ular Session, Ma,y 7,1990 Passed, approved and adopted this 7th day of May, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deicb, Heckmann, Kluesner, Nicholson, Pratt. Voetberg. Nays-None. Communication of City Manager request- ing approval 10 publish request for release of funds for the Hess Brick. Inc. and Down- Iown Hotel Community Development Block GIant Projects, presented and read. Council Member Voetbetg moved that the communi- cation be reoeived and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Coun- cil Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RFSOLUTION NO. 103-90 A RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR A RELEASE OF FUNDS FOR THE HESS BRICK INC. AND DOWN- TOWN HOTEL COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS. Whereas, the City of Dubuque, Iowa. in conformance with the Envimnmental Review Procedures for the Community Development Block GIant Program. convened an Ad Hoc Committee on March 6, 1990 which com- pleted an environmental assessment of Hess Brick, Inc. and convened an Ad Hoc Committee on February 28, 1990 which completed an Environmental Assessment of the DowntoWn Hotel; and Wbereas, pursuant 10 Resolution No. 173- 90 and adopted April 16, 1990, public notice of a "Finding of No Significant Effect on the Environment" for the Hess Brick, Inc. pr0- ject was published April 18, 1990 in the Dubuque Telegraph Herald, a newspaper of general circulation and provided for a public comment period unli1 12:00 Noon Friday, May 4, 1990; and Wbereas, pursuant 10 Resolution No. 174- 90, adopted April 16, 1990, public notice of a "Finding of No Significant Effect on the Environment" for the project was publisbed April 18, 1990 in the DubuqllC Telegraph Hetald, a newspaper of general circulation, ..""~ and provided for a public comrneot period unli1 12:00 Noon Friday, May 4, 1990; and Whereas, public nodee of a "Finding of No Significant Effect on the Environment" for the projects was sent by regular mail 10 various federal, state and local public agencies and 10 local news media. indivi- dns!s and groups known 10 be interested and believed 10 be appropriate 10 review such a public notice; and Whereas, any and aU objections, if any, 10 such proposals have been duly considered; and Whereas, it is the intent of the City Council 10 authorize the submission of a request 10 the U.S. Department of Housing and Urban Development for the release of funds 10 carry out the above-identified projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1, That the Environmental Review Record for the projects shall continue 10 remain on file in the Office of the City Clerk where said record may be examined and copied by an interested party. Section 1, Tbat the Mayor of the City of Dubuque is hereby authori:œd and directed 10 submit to the U.S. Department of Housing and Urban Development a request for release of funds 10 undertake the said projects. Passed, 8PP'Qved and adopted this 7th day of May, 1990. James E. Brady Mayor Atteal: Mary A. Davis City Clerk Council Member Voetberg rooved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Voetberg. Nays-None. Communication of City Manager recom- mending appmval of a Purchase of Services Agreement with the Retired Senior Volunteer Program (RSVP) for the fiseal yeat begin- ning July I, 1990 and authorize Mayor to execute, presented and read. Council Member Voetberg moved that the commun- ication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Regular SeSSion, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbetg. Nays-None. Communication of City Manager recom- mending appmval of a Purchase of Services Agreement with the Chamber of Commerce for the fiseal Yeat beginniog July I, 1990 and authorize Mayor 10 execute, presented and read. Council Member Voetberg moved that the communication be received and fIled. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of Merchants Bonding Company submitting their Certificate of Authority and Certification for the year 1990, presented and read. Council Member Voetbetg moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of City Manager submit- ting Quarterly lovestment Report as pre- scribed within the "Statement of Investment Policy" establisbed for the City of Dubuque, presented and read. Council Member Voetbetg moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbetg. Nays-None. There being no further business, Council Member Voetbetg moved to adjourn the meeting. Seconded by Council Member Prart. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Meeting adjourned at 11:14 p.m 281 Attest: ~ity ~~ ,g.~ 282 Special S888lon, May 14,1990 Meeting adjourned at 6:22 p.m. DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, May 14, 1990. Council met at 4:30 p.m., Conference Room "B", City Hall Present: MaYŒ Brady, Council Members Kluesner, Nicholson, Pratt, Vuetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindabl. Absent: Council Members Deich, Heckmann. Mayor Brady read the cali and stated this is a Special Session of the City Council calied for the purpose 10 review, discuss and possibly approve the proposed Historic Pre- servation Ordinance. Jeff Mozena. Chair of the Historic Pre- servation Commission was available for dis- cussion and input. Council Member Pratt left the Chambers at 5:50 p.m. An Qnlinance Amending the Code of I Qnlinances by repealing Cbapter 25 and enacting a new Chapter 25 in lieu thereof titled "Historic Preservation", presented and read. Council Member Nicholson moved that this be considered the first reading of the Ordinance and that it be set fŒ Public Hearing on May 21,1990 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 Voetbetg. Carried by the following vote: Y cas--Mayor Brady, Council Members Kluesner, Nicholson, Pratt. Voetbetg. Nays-None. Absent-Council Members Deicb, Heckmann. There being no further hosiness, Council Member Kluesner moved 10 adjourn. Seconded by Council Member Voetbetg. Carried by the following vote: Y cas--Mayor Brady, Council Members Kluesner, Nicbolson, Voetberg. Nays-None. Absent-Council Members Deich, Heckmann, Pratt. Attest: ¡j~ ~ Clerk Regular SeSSion, May 21,1990 283 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, May 21, 1990. Council met at 7:30 p.m., Pnblic Library Auditorium. Present: Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbetg, City Manager W. Kenneth Gearhart, Assistant City Attorney Wm. Blum. Absent: Corporation Counsel Barry A. Liudabl. Mayor Brady read the call and stated this is the Regular Meeting of the City Council called for the purpose 10 act upon such business which may properly corne before the Council. Invocation was given by Pastor Ed Novak of St. Peter's Lutheran Church. PROCLAMATION: May 16-20 as "DubuqueFest/Very Special Arts Week of 1990" received by Sue Beau and Steve Kiebel. Council Member Voetberg moved that the rules be suspended to allow anyone present 10 address the Couocil. Seconded by Couocil Member Pratt Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbetg. Nays-None. Proof of Publication certified 10 by the Publisher, on Notice of Public Hearing to vacate a portion of Main Street and dispose of said property known as Lot A of Lot I of Lot I of Block 28 of Dubuque Harbor Company's Addition to Chicago Central and Pacific Railmad, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Vcetberg 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, Nicbolson, Pratt, Voetberg. Nays- None. An Ordinance Vacating a portion of Main Street known as Lot A of Lor I of Lot I of Block 28 of Dubuque Harbor Company's Addition in the City and Resolution No. 204- 90 Approving the disposal of City's interest in said property 10 the Chicago Central and Pacific Railroad Company, said Ordinance having been presented and read at the Council Meeting of May 7th, presented for final action. (OFFICIAL PUBLICATION) OBDINANCE NO. 42-90 ORDINANCE V ACA TING PORTION OF MAIN STREET. A Whereas, the Iowa Department of Trans- portation has requested the vacation of a portion of Main Street: and Wbereas, the Iowa Department of Trans- portation has prepared and submitted 10 the City Conncil a plat showing the vacated portion of Main Street and assigned a Lot number therecf, which hereinafter shall be known and described as Lot A of Lot I of Lot I of Block 28 of Dubuque Harbor Company's Addition in the City of Dubuque, Dubuque County, Iowa; and Wbereas, the City Conncil of the City of Dubuque, Iowa has determined that this par- tion of Main Street is no longer required for public use and vacating of said portion of Main Street known as Lot A of Lot 1 of Lot I of Block 28 of Dubuque Harbor Com- pany's Addition in the City of Duboque, Dubuque County, fowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the real estate described as Lot A of Lot 1 of Lot I of Block 28 of Dubuque Harbor Company's Addition in the City of Dubuque, Iowa, be and the same is hereby vacated. 284 R8Iluiar Session, Ma~ 21,1990 Section 2. The City reserves unlo itself a perpetual easement including the right of in- gress and egress thereto, for the purpose of erecting. installing. conslIUcting, recon- s1IUCting, repairing, owning, operating, and maintaining water, sewer, drainage, gas, tele- phone, Lv. cable and electric lines as may be authori:œd by the City of Dubuque, Iowa. Passed, approved and adopœd this 2Ist day of May, 1990. James E. Brady Mayor Atteat: Mary A. Davis City Clerk Pnblished officially in the Telegraph Herald newspaper this 25th day of May, 1990. Mary A. Davis City Clerk Council Member Voetbetg moved final 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. RESOLUTION NO. 204-90 Whereas, pursuant 10 resolution and pub- lisbed notice of time and place of bearing, published in the Telegraph Herald, a news- paper of geoera1 circulation publisbed in the City of Dubuque, Iowa on 11th day of May, 1990, the City Counci1 of the City of Dubuque, Iowa, met on the 21st day of May, 1990, at 7:30 p.m. in the Public Ubrary Auditorium. 11th and Locust. Dubuque, Dubuque County, Iowa, 10 consider the proposal 10 vacate and for the sale of real estate described as: Lot A of Lot I of Lot 1 of Block 28 of Dubuque Harbor Company's Addi- tion in the City of Dubuque, Iowa, to the Chicago Central and Pacific Rail- road Company. Whereas, the City Council of the City of Dubuque, Iowa, overruled any and all ol!jec- tions, oral or written, 10 the proposal 10 dispose of interest of the City of Dubuque, Iowa, in the bereinahove described real ...., estate 10 the Chicago Central and Pacific Railroad Company. NOW, THEREFORE, BE IT RESOLVED BY THE ClTY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the vacation and disposal of the interest of the City of Dubuque, Dubuqœ County, Iowa, in real property des. cribed as Lot A of Lot I of Lot I of Block 28 of Dubuque Harbor Company's Addition in the City of Dubuqœ, Iowa, to the Chicago Central and Pacific Railroad Company. Section 2. That the Mayor he authorieed and directed 10 execute a Quit Claim Deed, and the City Clerk be and is bereby auth()- ri:œd and directed 10 deliver said deed of conveyance 10 the ahove named grantee upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authori:œd and directed 10 record a certified copy of this Resolution in the offices of the City Assessor, Dubuque County Recorder and the Dubuque County Treasurer. Passed, approved and adopœd this 2Ist day of May, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetbetg moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicbolson, Pratt, Voetberg. Nays-None. Proof of Pnblication certified 10 by the Pnblisher, on Notice of Pnblic Hearing 10 consider approval of the sale of Revenue Bonds in the maximurn amount of $110,000 10 pay for the conslIUction of a Fairway Irrigation System at the Bunker Hill Golf Course and a Resolution Approving sale of Revenue Bonds in maximum amount of $110,000 10 pay for said project. presented and read. Council Member Pratt moved that they adjourn this public bearing 10 June 4, 1990. Seconded by Council Member Regular Session, May 21,1990 Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Council Member Deich. 285 Proof of Pnblication certified 10 by the Pnblisher on Notice of Pnblic Hearing 10 consider amendment of Ctment City Budget. presented and read. There were no written objections received and no oral ol!jectors present at the time of the Hearing. Council Member Pratt moved that the [JIOOf of publi- cation be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Klœsner, Nicholson, Pratt, Voethetg. Nays-Council Member Heckmann. RESOLUTION NO. 205-90 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FIS- CAL YEARENDINGJUNE30,1990. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Following notiee published May 11, 1990 and the public hearing held May 21, 1990, the eurrent budget (as pre- viously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: .,~:E=.. ..=:. ~~:!i;:~! REVENU" A O'N'R "NANC'NO SOURm ,..., 1""'0' p"",,", 10,933,517 10,933,517 nFR~,,"'; 162,819 - --. 162;879- """"",,,-;,;, qg9,~jL~: ---~~----=---=-~;m,6~L Uo_'_AP.,..",- - 104,812._-. ---.._-~, _.--l!Q,~l? UMoO_.AP"",,", - 3,~.),41! .-- --.2._i&~Z, .__~.~~IMi!._- """"""""","'-- -~,884,;ML._- --~.J __._lQ,l~~,l~l._- C""""',s...... ll,3~8,90L..- -+- ___.11,~1~,3~,- ......._-" 402.025,,__- - -- ---_.!Q?,O?L- - ".""""""-- -. . - 516.382- ---'--._85.,012 -..____601,32!__. s"'.!.O"""'M~' 41,025,934 __+.6.806.332... __.!1.832,266- , "';::'~:'~So_":o" t2,176,841 + 6,000 12,t82,841 I ~!"""",_o'.l""-"'~o.,,,- 3,500,009 -- -:+L}.!ô,@_-- =]!htlõ~ÖQÕ--- i,.¡~_r~~¡~~:~'- -- 56,lÕi:m.~- ..:Ü~?;J.32- -¡o,6Klo¡- ""NonUR" A O'HE. "NANCONG US" """ xxxxxx xxxxxx i:OMMUN;rn;¡¡öimiO¡, - -- --- - - ------- -_.~- ----- _""".fu,..""""!"Vc"',- 9,O,§,8~L_- -..2..~~ J!Jg,~2.L.. HUMAN .EVE'O""ENr _H."'.~~,"""""o 6,060,823 + 267,085 6,327,908 NO"'CO"",,,,",,",,"o..,;', . . ..-------- ._~~ _0"'",,-_._....,",-.. 27,675,364 + 9 5t9 588 37 194,952 POUCYANOAOUON"'.AnON - - -.- -~"""-"""",""'c""""" - .3,?~,~2~~ _._+-~~i!!,gL -~~ ".os""""""" 46,543,844- -+J5Jnl.3'L..._...R.1}~,<JL..- I..,. """SoN", 4,854,361 + 5,367,845 10,222,206 -""'-""'---"--- -- --- -- . 12,105.523 + ill..ID::.::: --21.J~q; 766= N-"=!~,,,,--__---- -. ___29.583,960.- L.Jl 30~Æ~L.. -"~'~~---------~_.- --_1l.~JJ,16Z~ --~~§,O lhn~.1§L... "'~'.""-...""- - _58,4/Z,6D6.- - - ic1.5_,ZJ1,J2L. 74.n.!..~.9_- E~M' '" ....,,~ A """ Soo~. """'""""""."""""0_"'--___- nj~,774,831 1,815,061 46,230 --. ""'" s"'.""'-"">'.! - _.18,889,6Zi. + .J'lZ 3 19 031 970 """"""""'~J"M"'U . .672.715 15.442.QZ!! REASON. Passed this 21st day of May, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-Council Member Heckmann. - 286 RESOLUTION NO, 206-90 RESOLUTION AUTHORIZING THE PERMANENT TRANSFER OF FUNDS. Whereas, there is now in the hands of the City Treasu= the sum of 531,214 credited 10 the Watec Cooattuction Fund; and Whereas, there is now in the hands of the City Treasu= the sum of $45,749 eredited 10 the Road Use Tax Fund; and Whereas, there is now in the hands of the City Treasurer the sum of $69,000 eredited 10 the Storm Sewer ConstruCtion Fund; Whereas, there is now in the hands of the City Treasu= the sum of 524,311 eredited to the Sanitaty Sewer ConstruCtion Fund; and Whereas, there is now in the hands of the City Treasu= the sum of 5189,811 credited 10 the Community Development Fund; and Whereas, there is now in the hands of the City Treasurer the sum of $2,867,000 eredited 10 the Sewer Operating Fund; and Whereas, there is now in the hands of the City Treasurer the sum of 51,000,000 eredited 10 the Water Operating Fund; and Whereas, there is now in the hands of the City Treasu= the sum of $249,544 eredited 10 the Sales Tax Fund; and Whereas, there is now in the hands of the City Treasurer the sum of 5304,400 eredited to the Health Insurance Reserve Fund; and Whereas, there is now in the hands of the City Treasu= the sum of $70,000 eredited to the General Fund; and Whereas, is it desired 10 transfer $31,214 ITorn the Water ConstrUCtion Fund, $45,749 ITem the Road Use Tax Fund. $69,000 ]-om ihe Storm Sewer Consttuction Fund, and 524,311 ITorn the Sanitaty Sewer Consttuc- tion Fund 10 the General ConstruCtion Fund for Phase" of the Industria1 Park; and Whereas, itis desired 10 transfer $189,811 ITem the Community Development Fund 10 """ - Whereas, it is desired to transfer $1,000,000 ITem the Watec Operating Fund 10 the Water Consttuction Fund 10 allow for the transfer of legal settlement funds 10 the ConstruCtion Fund in support of !be pay-as- you go financing of five year capital improvement projects; and Whereas, it is desired 10 transfer 5249,544 ITem the Sales Tax Fund 10 the Street Con- struCtion Fund for special assess men! relief on the street program; and Whereas, it is desired to transfer 5304,400 ITem the Health Insurance Reserve Fund to the Parking Consttuction Fund 10 allow for setting up the Bond Reserve Fund for the new bond issue at the outset of the project per hond covenants on a loan basis 10 be repaid fiorn the Parking System' revenues; and Whereas, it is desired 10 transfer $70,000 from the General Fund to the Tort Liability Fund for expanded liability covernge. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: SedJnn 1. Said sum of $170,274 as set forth ahove be and the same is hereby transferred ITem the Watec Consttuction Fund, Road Use Tax Fund, Storm Sewer ConstruCtion and Sanitaty Sewer Con- struCtion Fund 10 the General Construction Fund; that said sum of $189,811 as se! forth ahove he and the same is hereby transferred ITem the Community Development Fund to the UDAG Repayment Fund; that said sum of $2.867,000 as set forth above he and the same is hereby transferred ITem the Sewer Operating Fund 10 the Sewer Consttuction Fund; that said sum of $1,000,000 as se! Regular SeSSion, May 21,1990 287 forth above be and the same is hereby trans- ferred ITem the Water Operating Fund to the Water ConstruCtion Fund; that said sum of $249,544 as set for above be and the same is hereby transferred ]-om the Sales Tax Fund 10 the Street Consttuction Fund; that said sum of 5304,400 as set forth above be and the same is hereby transferred frorn the Health Insurance Reserve Fund 10 the Parking Consttuction Fund; that said sum of $70,000 as set forth above be and the same is hereby transferred ITom the General Fund 10 the Tort Liability Fund and the City Finance Director is directed to correct his hooks accordingly. Passed, approved and adopted this 21st day of May, 1990. Attest: Mary A. Davis City Clerk James E. Brady Mayor Whereas, notice of hearing on plans, specifications, form of contract. and estimated cos! was poblished as required by law. NOW, THEREFORE, BE IT RESOLVED BY TIlE 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 21s! day of May, 1990. Attest: Mary A. Davis City Clerk James E. Brady Mayor Regular session, May 21,1990 the UDAG Repayment Fund 10 allow for prior year UDAG repayments 10 he credited 10 !be correct fund; and Whereas, it is desired 10 transfer $2,867,000 ITem the Sewer Operating Fund 10 the Sewer Consttuction Fund 10 allow funds received due 10 legal settlement and unencumbered balance to be transferred 10 the ConstruCtion Fund in support of the pay- as-you-go financing of capital improvements; and Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Kluesner. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetbetg. Nays-Council Member Heckmann. Proof of Pnblication certified 10 by the Publisher on Notice of Hearing on Plans and Specifications for the installarion of the Pile sheeting along North Shoreline of Ice Harbor, 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 Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbetg. Nays- None. RESOLUTION NO. 207-90 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS. Whereas, on the 11th day of April, 1990, plans, specifications, form of contract and estimated cost were flled with the City Clerk of Dubuque, Iowa for the Installation of Pile Sheeting along North Sboreline of Ice Harbor. Council Member Heckmann moved adop- tion of the Resolution. Seconded by Couocil Member Nicholson. Canied by the following vote: Yeas-Mayor Brady, Couocil Members Deich, Heckmann, Kluesner, Nicholson, Prart, Voetberg. Nays-None. Proof of Publication certified 10 by the Publisher on Notice 10 hidders for the receipt of bids for said project and Communication of City Manager recommending 10 award contract for the project. presented and read. Council Member Heckmann moved that the proof of publication and communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbetg. Nays-None. RESOLUTION NO. 208.90 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Ice Harbor Dock Wall pursuant 10 Resolution No. 156- 90 and notice 10 bidders published in a newspaper poblished in the City of Dubuque, Iowa on the 20th day of April, 1990. Whereas, said sealed proposals were opened and read on the 10th day of May, 1990 and it has been determined that the bid ~---~-------_. Regular Session, May 21,1990 An Otdinance Establishing the Sacred Heart Revitalization Area as an Urban Revitalization - pursuant 10 Cbapter 404 of Ibe Code of Iowa, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 43.90 AN ORDiNANCE ESTABLISHING THE SACRED HEART REVITALI- ZATION AREA AS AN URBAN REVITALIZATION AREA PUR- SUANT TO CllAI"fER 404 OF THE CODE OF IOWA. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sedlnn 1. That the Sacred Heart Revitalization Area as hereinafter described sball hereafter be designated an urban revita- lization - pursuant to Chapter 404 of Ibe Code of Iowa 1989, to wit: Lot I of Sacred Heart Place in Ibe city of Dubuque, Iowa, commonly known as 2217 Queen Stree~ Dubuque, Iowa, Sedlnn 2. That the Sacred Heart Revita- lization Area Urban Revitalization Plan berelo attaChed as Exhibit "A" is hereby adopted and approved and the properties within said described - shall be subject to the provisions of said plan. Sedinn 3, That said Sacred Heart Revita- lization Area Urban Revitalization Plan shall hereaJter be on file in the City Clerk's Office, City Hall, Dubuque, Iowa, passed, approved and adopted this 21st day of May, 1990. lames E. Brady Mayor 288 of Sbappert Engineering Company of I Rockford, Dlinoia in the amount of $587, 310.73 (Base Bid plua pipe fenders option) was the lowest bid for the furnishings of all labor and maJerials and performing the wŒk as ]IIOvided for in the plans and specifications. NOW, T\lEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the conttaet for the ahove improve- ment be awarded 10 Shappert Engineering Company and Ibe Manager be and is hereby directed 10 execute a contraCt on behalf of I the City of Dubuque for the complete performance of Ibe work. BE IT FURTHER RESOLVED: That opon Ibe signing of said contraCt and the approval of the contraCtor's bond, the City Treasurer is aulborl:œd and instrUcted to return Ibe bid deposits of the unsuccessful bidders. passed, approved and adopted this 26tb day of May, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Heckmann IOOved ad0p- tion of tbe Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deicb, Heckmalln, Kluesner, Nicholson, Prart, Voetberg. Nays-None. Proof of Publication certified 10 by the publisher on Notice of Public Hearing ¡xo- viding for the establishment of Ibe Sacred Heart Revitalization Area as an Urban Revitalization Area. presented and read. There were no written objections and no oral objeclOOl present at the time of the Hearing. Cooncil Member Voetberg IOOved that the proof of publication be received and fIled. Seconded by CoWlcil Member Pratt Carried by tbe following vote: Yeas-Mayor Brady, CoWlcil Members Deich, Heckmalln, Kluesner, Nicholson, Prart, Voetberg. Nays- None. Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 31st day of May, 1990. Mary A. Davis City Clerk Council Member Voetberg IOOved that this be considered tbe first reading of Ibe Regular Session, May 21, 1990 289 Ordinance and that the requirements that an Ordinance be considered and voted on for passnge at two Council meetings prior 10 the meeting at which it is 10 be finally adopted be suspended and further moved fins! ad0p- tion of the Otdinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbetg. Nays-None. Proof of Publication certified 10 by the Publisher on Notice of Pnblic Hearing 10 consider revising and re-enacting a Building Code for the City of Dubuqœ, presented and read. CoWlcil Member Voetbetg moved that the proof of publication be received and fIled. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbetg. Nays-None. An Ordinance Ameuding Code of Ordi- nance by repealing Section 11-1 and Section 11-2 and enacting new sections in lieu thereof pertaining 10 revising and re-enacting a Building Code for Ibe City of Dubuque, Iowa and providing for the issuance of permits and collection of fees therefor, said Ordinance baving been presented and read at the Council Meeting of May 7th, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 44-90 AN ORDINANCE OF THE ClTY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE. IOWA BE AMENDED BY REPEALING SECTION 11-1 AND SECTION 11-2 AND ENACTING NEW SECTIONS IN LIEU THEREOF PERTAINING TO REVISING AND RE-ENACTING A BUILDING CODE FOR THE CITY OF DUBUQUE, IOWA AND PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SedJon 1. That Section II-I of the Code of Ordinances of the City of Dubuque, Iowa be amended by repealing Section 11-1 and enacting a new Section II-I in lieu thereof as follows: See:. ]]-1. Unlrorm Building Code. Adopted. Except as hereinafter added 10, deleted, modified or amended, there is hereby adopted by reference as the building code of the city that certain building code known as the Uniform Building Code, 1988 edition, including the 1988 Uniform Building Code Standards and 1988 Uni- form Building Code Appendix, as pre- pared aud edited by the International Conference of Bnilding Officials of Whittier, California, and the provisions of such building code shall be controlling in the construction of buildings and other structures and in all matters covered by such building code within the corporate limits of the city and shall be known as the "Dubuque Building Code." A copy of the Uniform Building Code, 1988 edition, as adopted, shall be on fIle in the office of the city clerk for public inspection. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amended by repealing Section 11-2 and enacting a new section 11-2 in lieu thereof as follows: Section 11-2. The code adopted by Sec- tion 11-1 of this chapter is bereby amended as follows: See. 201. Section 201, "Creation of Enforcement Agency," is hereby amended by repealing such section and replacing such section with a new section in lieu therecf as follows: Creation of Enforcement Agency See. 201.(a) Creation of Division. Tbere is hereby established in the city the building services division which shall be under the jurisdiction of the bnilding official. (b) Appointment of Building Official. The bnilding official sba1l be appointed by and serve at the pleasure of the city manager. 290 Regular Session, Ma-.r 21,1990 See. 203. Section 203, "Unsafe Buildings or struC_s" is hereby amended by repeal- ing sucb section and replacing such section with a new section in lieu thereof as follows: Unsare Bulldinp or Structures See. 203. All buildings or struCtures regu- lated by this code whieb are struCtura1ly unsafe or not provided with adequate egress, or which constitute a fire hazard. or are otb«wise dangerous 10 human life are, for the purpose of this section, unsafe. Any use of buildings or struCtures constituting a hazard 10 safety, health or public welfare by reason of inadequate mainten8ßCC, dilapi- dation, obsolescence. fire bazaJd, disaster, damage or aban<Jontnent is, for the porpose of this section, an unsafe use. Parapet walls, cornices, spires, lowers, tanks, statuary and other appendages or strUctura1 members which are supported by, attached 10, or a part of a building and which are in deteriorated condition or otherwise unable 10 sustain the design loads which are specified in this code are hereby designated as unsafe building appendnges. All sucb unsafe buildings, strUc_S ot appendnges are bereby declared to be public nuisances and sball be abated by repair, rebabilitation, demolition or removal in accordance with the procedures set forth in Article II of Cbapter II of the Code of ilidinances. See. 204. Section 204, "Board of Appeals: is bereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Building Code and Advisory Appeals Board. See. 2O4.(a) Board Established. In order 10 detennine the suitability of alternative building materials and methods of building constrUCtion, 10 provide for reasonable interpretation of the provisions of the building code, and 10 advise the city council on all building construCtion regulations and procedures, there is hereby created the building code advisory and appeals board. (b) Membership. Tbe building code advi- sory and appeals board sball consist of five (5) membenl appointed by the city council. <"'" One (I) member sball be an architect or engineer registered in the State of Iowa, one (I) member shall be a general building con- struCtion contractor, one (I) member shall be a journeyman carpenter, and two (2) membelS shall be ITorn the public at large. (c) Term of Office. The term of office of all board membelS sball be for three (3) years, except that initial appointments of one (I) member sball be for a term of one (I) year, two (2) members for tw<>-year terms and two (2) members for thr=-year terms. (d) Rules and Regulations. The board shall make such rules and prescribe such procedures as may be reasonably necessary for ita operation, except that such rules shall include the following: (I) BoardCbairperson. Tbechairperson of the board sball be a member of the board elected annually by a majority of the board. (2) Secretary of the board. The building official, or designee, sball be secretary of the board. The secretary shall arrange for meet- ings and prepare and keep such minutes and records and perform such other clerieal wotk as the board may direct. (3) Quorum. Three (3) members shall constitute a quorum. The concurring vote of three (3) membelS of the board shall be necessary to pass any motion. (4) Service until appointment of suc- cessor. Upon completion of the term of office, members of the bnilding code board sball continue 10 serve in their full capacity until their successor has been duly appointed. (5) Meetings. The building code board shall meet upon cali of the chairperson, sec- retary or city mannger. Members of the building code board sball attend at least twO- thitds of all scheduled meetings within a twelve-month period. If any member does not attend such prescribed number of meetings, it sball constitute gmonds for the board 10 recommend 10 the city council that said member be replaced. (6) Attendance. Tbe attendance of all members sball be entered on the minutes by the secretary. Regular SessIon, May 21,1990 (1) ConJonnity with open meetings law. All meetings aha11 be held in con- formance with provisiOlll of the Iowa Open Meetings Law. (8) Minu.... The building code board sball file with the city council a COpy of the minu... of each meeting of the board within ten (10) working days a&r such meeting. (9) Adminisltativc pciicies. All admin- isttalive, ¡>eraonne], accounting, budgetary, and procedural pciicies of the city shall govern the building code board in all of its operations. (10) Duties wben serving as an appeals board. Any pemon who is aggrieved by a decision of the building official on any requirements resulting Iiom the enforcement of the building code, may appeal ITom sucb decision 10 the building code board and said board shall serve as an appea1 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 penon aggrieved has been heard and a decision rendered. The appeal shall be made by the person aggrieved, giving written notice of such appea!1o the building official within seven (1) days of receipt of decision Iiom which the appeaI is taken. The building code board I sitting as an appeal board shall meet within ten (10) working days a&r receiving sucb notice and render a decision within five (5) WOIting days thereafter. Any interested party, including the building official, shall have the right 10 present their case 10 the appea1 board, whose decision shall be fins! unless appealed 10 the district court as provided by law. The board of appea1s may reverse or modify a decision of the building official only on finding that: a, The building official had incorrectly inlelpreted the provision of this code; b. The decision of the building official creates an unnecessary hardship open the appellant The board of appeals shall require that sofficient evidence or proof be submitted 10 291 substantiate any claims made regarding the use of alternates. All appea1 hearings shall be conducted in accordance with the procedures specified in this code. (e) Limitations of Authority. The Boord of Appeals shall have no authority relative 10 intelpretation of the adminisltative provisions of this code nor shall the Boord be em- POwered 10 waive requirements of this code. In so modifying or reversing such deci- sion of the building official, the board of appeals may authorize any alternate 10 the decision of the building official and the provisions, provided it finds the proposed material or method of construction is satis- factory 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 preacribed by this code in suitability, strength, effectiveness, durability, fire resistance and safety. See. 205. Section 205, "Violations" is hereby amended by repealing such section and replacing such section with a new sec- tion in lieu thereof as follows: VIolatIons See. 205. It shall be unlawful for any pelSon, fum or COI >OratÎon 10 erect. con- struct. enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or strUcture or cause or permit the same 10 be done in violation of this code. The doing of any ac~ or the omission of any act. declared 10 be unlawful by this code, or any code or ordinance herein adopted by reference shall be deemed a - 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 Otdinanocs. Tbe penslty herein provided aha11 be cumuIarive with and in addition 10 the revocation, cancellation or forfeiture of any license or permit elsewbere in this code provided for violation therecf. ;;,' Rllgular Session, May 21,1990 Regular Session, May 21,1990 See. 301. Section 301, "Permits," is \ will be required for the above exempted hereby amended by repealing subsection (b) items. and replacing sucb subsection with a new subsection in lieu thereof as follows: Exemption ITem the permit requirements of this code shall not be deemed 10 grant authorization for any work 10 be done in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. See. 303. Section 303, "Permita Issuance." is hereby amended by repealing subsection (a), "issuance," and replacing such sub- section with a new subsection in lieu therecf as follows: See. 303. (a) Issuance. The application, plans and specifications and other data. fIled by an applicant for a permit shall be re- viewed by the building official. Sucb plans may be reviewed by other departments of this jurisdiction 10 verify compliance with any applicable laws uuder this jurisdiction. If the building official finds that the work described in an application for a permit and the plans, specifications and other data fIled therewith conform 10 the requirements of this code and other pertinent laws and ordi- nances, and that the fees specified in Section 304 have been paid, be sball issue a permit therefor 10 the applicant. 293 292 adequate information and detailed statements have been fIled COI11>lying with all pertinent requirements of this code. The holder of such permit sball proceed at his own risk without assUlaDee that the permit for the entire building or s-Iure will be granted. The plan review fees specified in this subsection are separate fees ITorn the permit fees specified in Section 3O4(a) and are in addition 10 the permit fee&. When plans are incomplete or cbanged so as 10 require additional plan review, an additions! plan review fee sball be charged as set forth in Table No.3-A. See. 301 (b) Exempted Work. A building permit sba1l not be required for the following: 1. One-story detached accessory buildings used as tool and stonge sheds, playbouses and similar uses, provided the 1100r area does not exceed one bundred fifty (ISO) square feeL See. 304. Section 304, "Fees," bereby is amended by repealing subsection (a), "Permit Fees," and subsection (b), "Plan Review Fees," and replacing such subsections with new snbaections in lieu thereof as follows: Table No. 3.A BUILDING PERMIT FEE'> (a) Permit Fees. The fee for eacb permit sball be as set forth in Table No. 3-A. The determination of value or valuation under any of the provisions of this code shall be made by the building official. The value 10 he used in computing the building permit fee for new construction sball be the cost of all building materials and the usns! coot of labor wbether such labor is performed by the owners or others. Such valuation may ex- clude the cost of the lot or improvements 10 the lot such as grading, landscaping, walks or drives, and/or the cost of the air con- ditioning, electrieal, heating, plumbing or ventilation systems, for which separate inspection fees are charged; however, the approximate value of these items sball be shown on the permit in the space provided for that pllIpOse. Valuation-Fee $1.00 10 $500.00 - $8.00 2. Fences. $501.00 10 $2,000.00 - $8.00 for the first $500.00, plus $1.20 for each additional 100.00 or ITaction thereof, 10 and including $2,000.00. 3. Oil derricks. 4. Movable cases, countetS and partitions not over five (5) feet nine (9) inches high. 5. Retaining walls which are not over 4 feet in beigbt measured ITorn the bottom of the footing 10 the lop of the wall, urness supporting a surcbatge or impounding Class I, " or III-A liquids. 6. Water tanks supported directly upon grade if the capacity does not exceed five thousand (5,000) gallons and the ratio of height 10 diameter or width does not exceed two 10 one (2:1). S2,OO1.00 10 $25,000.00 - $26.00 for the first $2,000.00, plus S4.8O for each additional $1,000.00 or ITaction thereof, 10 and including $25,000.00. $25,001.00 10 $50,000.00 - $136.40 for the first $25,000.00, plus S3.6O for each additional $1,000.00 or ITaction thereof, 10 and including $50,000.00. Exception: Approval of the application, plans and specifications, and other data. fIled by an applicant for a permit shall in no way constitute an approval of the structural sufficiency of any building or structure and it is incumbent upon the applicant and/or owner 10 seek independent review of the building plans in order 10 insore adequate bnilding integrity and structoral sufficiency. When the building official issues the per- mit wbere p1ans are required, he shall en- dorse in writing or stamp the plans and specifications" Approved." Such approved plans and specifications shall not be changed. modified or altered without autho- riration ITem the bnilding official, and all work regulated by this code sball be done in aecoadance with the approved plans. The building official may issue a permit for the construction of part of a building or structure before the entire plans and specif- ications for the whole building or structure have been submitted or approved, provided S50,oo1.00 10 $100,000.00 - $226.40 for the first $50,000.00, plus $2.40 for each additional Slooo.OO or ITaction thereof, 10 and including $100,000.00. The valuations for alterations, repairs, replacement or remodeling shall include the cost of materials and the usual cost of labor, whether such labor is performed by the owner or by others, for the installarion or construction of any repair, replacement or remodeling which becomes an integral part of the building or structure. 7. Plalforms, walks and driveways not more than thirty (30) incbes above grade and not over any basement or story below. 8. Painting, papering and similar finish work. $100,001.00 and up - $346.40 for the first S I 00,000.00, plus $2.00 for each additional $1000.00 or ITaction therecf. Other luspections and Fees 9. Temporary motion picture, television and theater stage sets and scenery. 10. Window awnings supported by an ex- terior wall of Group R, Division 3, and Group M occupancies when J<Ojecting not more than fifty-four (54) inches. The payment of fees under this section of the code sball not relieve the applicant. permit holder or other persons ITem the payment of any other fee or fees that may be prescribed by this code, by law or by ordi- nance. No fee shall be required for buildings owned and used exclusively by the city. (I) Plan review fees when a plan is required by section 3O2(b) of the code, per bour of review time - $30.00. (minimum of one-hour cbatge and charged in 1/2-hour increments beyond the first hour) II. Prefabricated swimming pools acces- sory 10 a Group R. Division 3 occupancy in whicb the pool walls are entirely above the adjacent grade and if the capacity does not exceed five thousand (5,000) gallons. Urness otherwise exempted, separate plumbing, electrieal and mechanieal permits (b) Plan Review Fees. Wben a plan or other data is required 10 be submitted by subsection (b) of section 302 of this code, a plan review fee sball be due and payable prior 10 the issuance of a permit Such plan review fee sball be as set forth in Table No. 3-A. (2) Inspections outside of normal hosiness hours, per hour - $30.00* (minimum cbarge of two (2) hours) (3) Reinspection fee assessed under provisions of Section 305(g), each - $30.00* 294 Rllgular Session, MIIï 21,1990 (4) Inapectiona for which no fee is apeeificaliy indicated, per hour - $30.00" (minimum charge of II2-hour) (5) Additions! plan review required by changes. additions or revisions 10 approved plans, per hour - $30.00" (minimum eharge of II2-hour) °Or the total bourly cost to the jurisdiction, whichever is the greatesL This cost shall include outside plan review expense, super- vision, overhead, equipment. hourly wages and fringe benefits of the employees involved. See. 1205. Section 1205, OUght. Venti- lation and Sanitation" is bereby amended by repealing such section and replacing such section with a new section in lieu therecf as follows: Light, Venliladon and Sanitation See. 1205.(a) General. For the pllIpOse of determining the light and ventilation required by this section, any room may be considered as a portion of an adjoining room when one half of the area of the common wall is open and unobstructed and provides an opening of not less than one tenth of the 1100r area of the interior room or 25 square feet. which- ever is greater. Exterior openings for natural light or ventilation required by this section shall open diIcctly onlo a stteet or public alley or a yard or court located on the same lot as the building. Exception: Required windows may open inlo a roofed porch wbere the porch: I. Abuts a street. yard or court; and 2. Has a ceiling beight of not less than 7 feet; and 3. Has the longer side at least 65 percent open and unobstructed. (b) Light. All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural light by means of exterior glazed openings with an area not ..,<,<, less than one tenth of the 110m area of such rooms with a minimum of 10 square feet. Exception: In detached one and two family dwellings, all habitable rooms shall be provided natural light by means of ex- terior gla:œd openings with an aggregate gla:œd area of not less than eight percent of the 1100r area of such rooms. (c) Ventilation. All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natuI1Ù ventilation by means of openable exterior openings with an area of not less than one twentieth of the 110m area of such rooms with a minimum of 5 square feet. In lieu of required exterior openings for natural ventilation, a mechanical ventilating system may be provided. Such system shall be capable of providing two air changes per hour in all guest rooms, dormitories, habit- able rooms and in public corridors. One fifth of the air supply shall be taken fiom the out- side. All bathrooms, water closet compart- ments, laundry rooms and similar rooms shall be provided with natural ventilation by means of openahle exterior openings with an area not less than one twentieth of the l1oor area of such rooms with a minimum of I 112 square feeL In lieu of required exterior openings for natural ventilation in bathrooms contsining a bathtub or shower or combination therecf, laundry rooms, and similar rooms, a meehan- ieal ventilation system connected directly to the outside capable of providing five air changes per hour shall be provided. The point of discharge of exhaust air shall be at least 5 feet from any mecl1anieal ventilsting intake. Bathrooms which contain only a water closet or lavatory or combination thereof, and similar rooms may be ventilated with an approved mechanieal recirculating fan or similar device designed to remove odors fi-om the air. (d) Sanitation. Every building shall be provided with at least one water closet. Every hotel or suhdivision thereof where hoth sexes are accommndated shall contain at least two separate toilet facilities wbich are oonspicuously identified for male or R~ular Session, May 21,1990 295 female use, each of which contains at least one water closet. Exception: Hotel guest rooms may have one unidentified toilet faci1ity. Additional water closets shall be provided on eacb flom for each sex at the tate of one for every additionailO guests, or ITactiOns! part therec~ in excess of 10. Every dwelling unit shall be provided with a kitchen equipped with a kitchen sink. Every dwelling unit and every lodging house shall be provided with a bathroom eqnipped with facilities consisting of a water closet. lavatory and either a bathtub or shower. Each sink, lavatory and either a bathtub or shower shall be equipped with hot and cold running water necessary for its norma1 operation. For other requirements on water closets, see Section 51 I. App. Ch. I. Appendix, Chapter I, Divi- sion I, "Life-Safety Requirements for Existing Buildings Other than High Rise Buildings," and Division II, "Life-Safety Reqnirements for Existing High Rise Build- ings," is hereby amended by repealing such chapter. App. Ch. 12. Appendix, Chapter 12, Division I, "Reqnirements for Group R, Division 3 Occupancies," is hereby amended by repealing such division. App. Cb. 35. Appendix, Chapter 35, "Souod Ttansmission Control," is hereby amended by repealing such chapter. App. Ch. 38. Appendix, Cbapter 38, "Basement Pipe ia1ets," is hereby amended by repealing such chapter. App. Ch. 51. Appendix, Chapter 51, "Elevators, Dumbwaiters, Escalators and Moving Walks," is hereby amended by re- pealing such chapter. App. Ch. 53. Appendix, Cbapter 53, "Enetgy Conservation in New Building Construction," is hereby amended by repealing such chapter. App. Ch. 57. Appendix, Chapter 57, "Regulations Governing Fallout Shelters," is hereby amended by repealing such chapter. App. Cb. 70. Appendix, Chap.... 70, "Excavation and Grading," is hereby amended by repealing such chapter. Section 3. This OnIinance shall be in effect after its fins! passage, approval and publication as required by law. Passed, approved and adopted this 21st day of May, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph HeI1Ùd newspaper this 2nd day of June, 1990. Mary A. Davis City Clerk It 612 Council Member Voetbetg moved final adoption of the OnIinance. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Proof of publication certified 10 by the Pnblishec on Notice of Public Hearing 10 considec Ordinance relating 10 the adoption of the Mechanieal Code for the City of Dubuque, presented and read. There were no written objections received and no oral ol!jectors present at the time of the hearing. Council Member Voetbetg 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 Otdinance Amending Section 24-1 of the Code of Ordinances by repealing Section 24-1 relating 10 the adoption of the Dubuque Mechanieal Code and by adopting in lieu thereof a new section 24-1 relating to the adoption of a revised Dubuque Mechanieal Code, said Ordinance baving been presented and read at the Council Meeting of May 7th, presented for final action. 296 Regular Session, May 21, 1990 (OFFICIAL PUBLICATION) ORDINANCE NO. 45-90 AN ORDINANCE AMENDING SECTION 24-1 OF THE CITY OF DUBUQUE CODE OF ORDI- NANCES BY REPEALING SECTION 24-1 RELATING TO THE A.DOPTION OF THE DUBUQUE MECHANICAL CODE AND BY ADOPTING IN LIEU THEREOF A NEW SECTION 24-1 RELATING TO THE A.DOPTION OF A REVISED DUBUQUE MECHANICAL CODE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That Section 24-1 of the Code of Ordinances of the City of Dubuque, Iowa be amended by repealing Section 24-1 and enacting a new Section 24-1 in lieu thereof as follows: "See. 14.1. Uniform Mechanical Code. Adopted. Except as hereinafter added to. deleted, modified or amended, there is hereby adopted by reference as the mecbanieal code of the City that certain mechanieal code known as the Uniform Mechanieal Code, 1988 Edition, including the 1988 Uniform Mechanieal Code Appendices, as jointly prepared and edited by the International Conference of Building Officials of Whittier, California and the International Association of Plumbing and Mechanieal Officials of Los Angeles, California; and the provisions of such mecbanieal code shall be conttolling in the installation, maintenance and use of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat-prnduång appliances within the cor- porate limila of the City and shall be known as the "Dubuque Mechanieal Code." A copy of the Uniform Mechanieal Code, 1988 Edition, as adopted, shall be on fIle in the office of the City Oerk for public inspection. Section 2. Wben Effective. This Ordi- nance shall be in effect after its fins! passage. approval and publieation as required bylaw. ...'" Passed, approved and adopted this 21st day of May 1990. James E. Brady Msyor Atteat: Mary A. Davis City Clerk Council Member Voetberg moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by !be following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Proof of Publication certified 10 by the Pnblisher on Notice of Pnblic Hearing 10 consider adopting a new Cbapter 25 entitled "Historic Preservation" and Communication of City Manager submitting Ordinance with revisions 10 the City's Historic Preservation Ordinance, presented and read. Council Member Voetbetg moved that the proof and communication be received and fIled. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich. Heckmann, Kluesner, Nicholson, Pratt. Voetberg. Nays- None. An Ordinance Amending Code of Ordi- nances by repealing Chapter 25 and enacting in lieu thereof a new Chapter 25 entitled Historic Preservarion, said Ordinance having been presented and read at the Council Meeting of May 14, 1990, presented for fins! action. (OFFICIAL PUBLICATION) ORDINANCE NO. 46-90 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE. lOW A, BY REPEALING CHAP11!R 25, HISTORIC PRESER- VATION, AND ADOPTING IN LIEU THEREOF A NEW CHAP11!R 25, HISTORIC PRESERVATION, ESTABLISHING A HISTORIC PRESERVATION COMMISSION, AND PROVIDING FOR THE MEMBERSHW, POWERS, DUTIES AND PROCEDURES FOR OPERATIONS; PROVIDING A PROCEDURE FOR THE IDENTIFI- CATION AND DESIGNATION OF LANDMARKS, LANDMARK SITES Regular Session, Maï 21,1990 297 AND HISTORIC DISTRICTS; ESTABLISHING HISTORIC PRESERVATION DISTRICTS; PROVIDING THE PROCEDURE FOR THE DEMOLITION OF LANDMARKS, LANDMARK SITES OR STRUCTURES IN HISTORIC DISTRICTS, AND THE ALTERATION OF LANDMARKS, LANDMARK SITES OR STRUC- TIJRES IN HISTORIC DISTRICTS; PROVIDING STANDARDS FOR REVIEW FOR THE HISTORIC PRE- SERVATION COMMISSION; AND PROVIDING FOR THE ENFORCE- MENT OF SUCH PROVISIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section I, The Code of Ordinances of the City of Dubuque, Iowa is amended by re- pealing Chapter 25 therecf, Historic Preser- vation, and adopting in lieu therecf a new Chapter 25, Historic Preservation, as set forth on Attachment A, incorporated herein by reference. SectIon 2. That this ordinance shall take effect on the 6th day of June, 1990. Passed, approved and adopted this 21st day of May, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk ATIACHMENT A CHAPTER 25 HISTORIC PRESERVATION See. 25-1. Purpose and Intent. Tbe PllIpOse of this chapter is 10: (I) Promote the educational, cultural, economic and general welfare of the public througb the protection, enhancement and peIpetuation of districts of historic, architectural and cultural significance; (2) Safeguard the city's bistoric, aesthetic, and cultural heritage by preserving districts of historieal, architectural and cultural significance; (3) Stabilize and improve property values; (4) Foster åvic pride in the legacy of beauty and achievements of the past; (5) Protect and enbance the city's attJac- tions to tourists and visitors and the support and stimulus 10 business thereby provided; (6) Strengthen the economy of the city; and (7) ~ the use of districts of historic, architectural and cultural significance as sites for the education, pleasure and welfare of the people of the åty. See. 25.2. Deßnllions. (1) Alteration: Any act or process which changes the exterior architectural appearance of a structure, site or area. including, but not limited 10, the erection, consttuction, recon- struction, restoration, removal or demolition of any sttucture or part therecf, excavation, or the addition of an improvement. (2) Architectural significance: (a) Tbe structure(s) is !be work of, or associated with, a nationally or localiy noted architect, architectural firm, engineer, builder or erarlaman; or (b) The slructure(s) is an example of a particular period of architecture or architec- tural style in terms of detail, material, method of consttuction or workmanship, with no or negligible im:versible alterations 10 the original sttucture; or (c) Tbe sttucture(s) is one of the few remaining examples of a particular architec- tural style; or (d) The structure(s) is one of a con- tiguous group of sttuctures which have a senseofcobmvenesswhi~isexpressed through a similarity of characteristics, a similarity of a style, a similarity of period, a similarity of method of consttuction or whicb accent the architectural significance of the area. Regular Session, May 21,1990 Regular Session, May 21,1990 (a) Is not an alleration, construction, rermval, dermlition or excavation as defined by this chapler. (b) Does not aeale a material cbange in the exterior architectutal appearance or exterior features of a structure or site; and 298 299 (4) Associated with the lives of ¡>mons significant with our pas~ or (3) Building: Any struc- used or in- tended for snpportiog or sheltering any use or occupancy. (17) Landmark; A property or structure designated by ordinance of the City Council pursuant 10 procedures described herein, that is worthy of preservation, rehabilitation or res_tion because of its historic, archi- tectutal or cultutal significance 10 the City of Dubuque, the state or nation. (5) Embodies the distinctive eharacteristics of a type. period, method of construction; or (4) Certificate of Appropriateness: A document issued by the Historic Preservation Commission indicating its approval of plans for an alleration or activity which will: (a) Create a material change in appear- ance, or the removal or demolition, of a landmark, landmark site or of a struc- within a historic diatric~ and (6) Represents the work of a master, or (c) Nonetheless does reqnire a regul- ated permit (10) Excavarion: The digging out or rermval of earth, soil. (18) Landmark site: Any parcel ofland of historic significance due 10 its substantial value in tracing the hiSloty of aboriginal man, or upon which a historic event has occurred, and which has been designated as a landmark site under this section, or an improvement parce~ or part therecf, on which is situated a landmark and any abutting improvement parcel, or part thereof, used as and constituting part of the premises on which the landmark is situated. (J) Possesses high artistic values; or (8) Represents a significant and distinguishable entity whose components may lack individual distinction; or (II) Exterior architectutal appearance: The architectutal style and character and the general composition and arrangement of the exterior of a building or struc_. (12) Eaterior fea_s: Tbe architectutal style and the general design and .".."gement of the exterior of a struc_, incbMling, but not limited 10, the kiod and texture of the building material(s), and the type, style and arrangement of all windows, doors,light fix- tures, signs and other appurtenant elements, or the natural features of a landmark. land- mark site or structure. In the case of outdoor advertising signs, "exterior feature" includes the style, material, size and location of the sign. (b) Rcqnire a regulated permit. (5) Certificate of Economic Hardship: A document issued by the Historic Preservation Commission which acknowledges an excep- tion as herein defined and which authorizes an alleration or activity which: (9) Has yielded, or may be likely 10 yield, information important 10 prehistory and history. (19) Material cbange of appearance: Any change,altel8tion or modification of the external architectutal appearance or exterior features of a building, improvement. struc- - or property which is visible from the public way and for which a regulated permit is required for compliance with applicable local codes, including, but not limited 10: (14) Historic significance: (a) Creates a materia1 change in appear- ance, or the removal or demolition, of a landmark, landmark site or of a structure within a historic diatric~ (b) Rcqnires a regulated permi~ and (a) Tbe structure(s) or site(s) has a strong association with the life or activities of a person or persons who have contributed 10 or participated in the historic events of the nation, state or community; or (c) For which a Certificate of Appro- priateness has been or would be denied; however, a Certificate ofEconomie Hardship shall be issued only opon a showing that the property owner will be deprived of any reasonable economic return on the property if not allowed 10 ¡J<OCCed with the requested alteration or activity. (6) Commission: The Dubuque Historic Preservation Commission, as establisbed by this chapter. (J) Dermlition: Any act or process which destroys in part or in whole a landmark or a structure. (a) Changes in the exterior size, con- figuration, fenestration or other structural features of the property; or (b) The structure(s) or site(s) is associated with an association or group (whether formal or informal) which has con- tributed 10 or participated in historic events of the nation, state or community; or (13) Historic district: An area designated by ordinance of the City Council which: (a) Has defined gcogl8phic boundaries; (b) Contains contiguous pieces of pr0- perty under diverse ownership; and (b) Construction or reconstruction; or (c) Dermlition; or (c) The structure(s) or site(s) or object(s) is associated with an antiquated use due 10 technologieal or social changes in the uation, state or community, such as, but not limited to. a blacksmith's shop or taiIroad trestle; or (d) Any alteration in the size, location or appearance of any sign on the property; or (c) Is one or more of the following: (I) Significant 10 American history, architecture, archaeology or culture; or (e) Any excavarion on property or the deposit of any waste, fill or other material on property. (d) The site(s) or °l!iect(s) is a monUment 10 or a cemetery of historic petSonnges. (I) For individual historic districts. the definition of "material change in appearance" may be expanded 10 include additional activ- ities for which a Certificate of Appropriate- ness is required. Such additional activities shall he delineated in the ordinance desig- nating an individns! district or by amending the district designating ordinance, in the case of a district that has been previously designated. (2) Possesses integrity of location, design, setting, materials, work- manship, feel and association; or (3) Associated with events that have been a significant oontribution 10 the broad patterns of our history; (8) Design guideline: A standard of acceptable activity which will preserve the historic, architectura1 and eultutal character of a landmark or structure. (9) Determination of No Material Effect: A document issued by the City Manager or the City Manager's designee indicating approval for any normal repair or act of maintenance as defined by this chapter, which: (15) Improvement: Any building, struc- ture, parldng facility, fence, gate, wall, work of art or other object constituting a physieal betterment of real property, or part of such betterment. (16) Integrity: The origins!, unaltered or historicaliy altered appearance of a structure, site or area when taken as a whole. or (20) Owner of record: Any person, fum, COI]JOI8Iion or other legal entity listed as - --~---- --- --- """'-- 300 ~ular Session, Ma~ 21,1990 owner on the records of the County Recorder of Dubuque County, (21) Regulated permit: An official docu- ment or certificate issued by the building officia1, city engineer or other official of the City of Dubuque pursuant 10 provisions of the building code or other Œdinance or regu- larion, and which authorizes the performance of a specified activity. (22) Repair: Any change which dnes not reqnire a building permi~ and which is not consttucbOll, removal or demolition. (23) Seale: In a building or slrUcture, the relaIionship of the vetlieal, horizontal and volurne measurements; the relationship of the parts 10 one another within a building, or structure or in comparison 10 other buildings or slrUctures within that vicinity. (24) Structure: Anything conslrUcted or erected, the use of whicb reqnires a per- manent or temporary location on or in the ground, including, but not limited 10, the following: buildings. fences, gazebos, adver1ising signs, billboards, backstops for tennis courts, tadio and television antennae, including supporting lowers, and swimming pools. See. 25-3. Histnric pr-rvatlnn commissinn eatablisbed; memberabip; term of omce; vacaDdes 10 oftIce. (I) The Historic Presetvation Commission is hereby established and shall coosiat of seven (7) members who sbaII be residents of the City. (2) Members of the Commission shall be appointed by the City Council as follows: One resident ITorn each designated historic preservation district. including the dis1riets hereinafter established; and two (2) at-latge memben. Each member sbaII possess qualifi- cations evidencing experIise or interest in architeetnre, history, archeology, law, conslrUcbon or building rehabilitation, city planning or conservation in general. One commission member shall be a licensed architect. (3) The original appointment of the memben of the Commission shall be as follows: two (2) for one year; two (2) for two (2) yeaIS, and three (3) for three (3) years, ITorn July I of the year of such appointment or until a soccessor is named 10 serve out the unexpired portion of a term of appointment or until a aucœssor is appointed 10 serve for a term of three (3) years. Members appointed thereafter shall serve thJee-year terms. (4) Vacancies occurring in the Commis- sion, other than througb expiration of term of office, sbaII be only for the unexpired portion of the term of the member replaced. Each member shall serve until the appoint- ment of a successor. (5) Members may serve for more than one term. (6) Vacancies shall be filled by the City Council in accordance with the reqnirements set forth ahove. (7) Members shall serve without compen- sation. See:. 25-4. Eledlnn or omcers; qani. zallnn; rules aod bylaws; conduct ormeet- logs; record or ac:tInn&; attendance at meetlogs. (I) The Commission shall elect ITorn its membenhip a Chaitperson and Vice-chair- person, whose terms of office shall be fixed by bylaws adopted by the Commission. The Chairperson shall preside over meetings of the Commission and sbaII have the right 10 vote. The Vice-chairperson sbaI1. in cases of abaence or disability of the ChaiIperson, perform the duties of the ChaiJperson. (2) The city manager sbaII designate a person 10 serve as secretary 10 the Commis- sion. The seeretary shall keep a record of all resolutions, proceedings and actions of the Commission. (3) The Commission sball adopt rules or bylaws for the transaction of its business. The bylaws shall ¡rovide for, but not be limited 10, the time and place of holding regular meetings, the procedure for the ca11ing of special meetings by the Chair- person or by at least three (3) members of the commission and quorum requirements. Regular Session, May 21,1990 (4) All meetings of the Conmission shall be subject 10 Iowa Code Chapœr 21, the Iowa Open Meetings Act. (5) The Conmisaion sbaII keep a record of ita resolurions, poc:eedings and actions. Tbe records shall be subject 10 Iowa Code Chapœr 22, the Iowa Pnblic Recorda Act. (6) A qoorum of the Commission shall be required in Otdec 10 transact business. (/) The alIirmalive vote of a majority of Cmnmission members present at a meeting shall be required for the approval of plans or the adoption of any resolution, motion or other action of the Commission. (8) The vote of each member of the Corn- mission shall be recorded. (9) A member of the Commission shall attend at least --thirds (2ß) of all scheduled meetings within any consecutive 12-month period. If any member does not attend such prescribed number of meetings it shall constitute grounds for the Commission 10 recommend 10 the City Cooncil that said member be replaced. Attendance of all memben shall be entered on the minutes. (10) Tbe Commission shall fIle with the City Council a copy of the minutes of each regular and specia1 meeting of the Commis- sion within ten (10) working days afœr each meeting. See:. 25-$, Powers and dulles generally; procedures for operations. (I) The general duties and powers of the Commission shall be as follows: (a) To promote and conduct educations! and in1crpretive programs on historic ¡no- perties within ita jurisdiction; (b) To develop and adopt specific standards for review and design gnidelines, in addition 10 those set forth in Section 25-10.1. of this Chapœr, for the alletation of landmarks, landmark sites or preperty and structures within historic districls; (c) To adopt its own bylaws; 301 (d) To conduct an oo-going survey 10 identify historicaliy and arehitectura1Iy sig- nificant properties, attuctures and areas that exemplify the cultural, social, economic, politieal or architectural history of the nation, state or city; (e) To research and recommend 10 the City Council the adoption of ordinances designating areas as having historic, archi- tectural or cultural value or significaoce as "historic districts"; (I) To research and recommend 10 the City Council the adoption of ordinances designaring properties or sttuctures having historic, architectural or cultural value or significance as "landmarka" or 1andmark sites"; (g) To maintain a register of all properties and slrUctures which bave been designated as landmarks, landmark sites or historic districts, including all information required for each designation; (h) To assist and encourage the nomi- nation of landmarks, landmark sites and his- toric districts 10 the National Register of Historic Places, and review and COmment at a public hearing on any Narions! Register nomination submitted to the Commission upon the request of the Mayor, City Couoci1 or the State Bureau of Historic Preservation; (i) To confer recognition upon the owners of landmarka or of preperty or structures within historic districts; G> To review in-progress or completed work 10 determine compliance with specific Certificates of Appropriateness or Certifi- cates of Economic Hardship; and (k) To serve as an advisory design review body 10 the City Council for public works projects which have historic preser- vation implications when so requested by the City Council. (2) The Commission shall be governed by the administnotive, personnel, accounting, budgetary and procurement policies of the City. Regular Session, May 21,1990 Regular Session, May 21,1990 (3) Is associated with the lives of persons significant in the past the City of Dubuque, Dubuque County, the Stale of Iowa or the nation; or 303 302 opportunity 10 croaa-examine expert wit- nesses. The bearing aba1l be closed upon completion of lesdmony. (b) Upon receipt of the recommen- dation and report of the Historic Preservation Commission and the report of the Zoning Commission, and after having received a recommendation ITorn the Bureau of Historic Preservation or if the forty-five-day waiting period has lapsed since submission of the request for such recommendation, the City Council shall conduct a public hearing on the ordinance or amendment establishing the proposed landmark, landmark site or historic preservation district After public bearing, the City Council shall approve or disapprove the ordinance or amendment. or refer the nomi- nation back 10 the Historic Preservation Commission for modification. A nxxIified nominarion shall reqnire compliance with the same procedure for designation as set forth ahove. See. 25-', Idmtillcati... and designation of landma""" land........ lites and historic dIstricts. (I) The Commission may conduct studies for the identification and nomination of 1andmarI:s, landmarlr. sites and historic districts, as defined by this chapter. The Commission may proceed on its own initia- tive or upon a petition ITem any person, group or association. (6) Determination by the Commission; Recommendation and Report. Within thirty (30) days following the close of the public bearing, the Commission shall make a deter- mination upon the evidence as 10 whether the nominated landmark, landmark site or hislorie district does or does not meet the criteria for designation. Such determination shall be made in an open meeting by resolu- tion of the Commission, shall be reduced 10 writing in the form of a recommendation and shall be supported by a written report in support of the nominarion. The Commis- sion's recommendation on the nomination of a landmark. landmark site or historic district. and its Supporting report. shall be fIled with the Zoning Commission, and shall include a proposed ordinance or amendment estab- lishing snch landmark. landmark site or hisloric district and describing its location and houndaries by address and legal description. (4) Has yielded, or may be likely 10 yield, information important in pre-history or history; and (b) The structure, property, object. site or area has sufficient integrity of location, design, materials and workmanship 10 make it worthy of preservation or re-on; and (c) Tbe structure, property, object, site or area is at least 50 years old, unless the Commission determines that it has achieved significance within the past 50 years and is of exceptional importance. (4) Notification of nomination. Within sixty (60) days after receipt of a completed nomination in proper form. the Commission shall bold a public hearing. Notice that a nomination for designation is being con- sidered and the date, time, place and purpose of the public bearing shall be sent by certified mail. at least fourteen (14) days prior 10 the date of the hearing, 10 the owner(s) of record of the nominated land- mark, landmarlr. site, or property within the nominated historic district and 10 the nominalot(s). Notice shall also be publisbed in a newspaper having general circulation in the City of Dubuque. The notice shall state the street address and legal description of a nominated landmarlr. or landmark site or the houndaries of a nominated district (2) Nomination. (a) Landmarks and Landmark Sites. The nomination of landmarks and landmark sites sball be initiated by an application submitted 10 the Commission by the property owner on a form supplied by the Commission. (b) Historic Districts. Tbe designation of historic districts shall be initiated by a nomination for such designation. A nomi- nation shall be made 10 the Commission on a form prepared by it and may be submitted by a member of the Commission, the owner of record of property within a proposed historic district the City Counci1, or any other person or organization. Wben a c0m- missioner, as a private citizen, nominates an historic district for designation, the nomi- nating commissioner shall abstain ITom voting on the designation. This provision shall not extend 10 a designation motion presented by a commissioner as part of Commission proceedings. (c) City Council approval of the ordinance or amendment shall constitute designarion of the landmark, landmark site or historic district. (9) Amendment and rescission of desig- nation. A designarion may be amended or rescinded upon petition 10 the Commission and compliance with the same procedure and according 10 the same criteria as set forth ahove for designation. (7) Action by Zoning Commission. Within sixty (60) days after receipt of the Com- mission's recommendation, report and pr0- posed ordinance or amendment. the Zoning Commission shall report 10 the City Council with respect 10 the relation of the nomination 10 the general development plan, zoning ordinance, proposed public improvements and any plans for the renewal of the area in- volved. Upon submission of the report of the Zoning Commission, or upon the expiration of the sixty-day period, the matter shall be tIBnsmitted 10 the City Council. See. 25-',1. Langworthy Historic Preservation DIstrict. The properties hereinafter described are hereby designated as a historic preservation district. acconIing 10 the provisions of this Chapter, 10 wit: (3) Criteria for consideration of a nomination. The Commission aba1l, upon snob investigation as it deems necessary, make a determination as 10 the following: (5) Pnblic bearing. Oral or written testi- mony concerning the significance of the nominated landmark, landmarlr. site or his- toric district sba1l be taken at the public bearing ITem any interested petSOD. The Commission may request expert testimony, consider staff reports or ¡aesent its own evidence regarding the compliance of the nominated landmark, landmarlr. site or his- toric district with the criteria set forth in subsection 3 above. The owner of any nomi- nated landmark. landmark site or of any property within a nominated historic district shall be allowed a reasonable opportunity 10 present evidence regarding the nomination, shall be afforded the rigbt of representation by counsel and shall be given reasonable All of Lots I throngh 3, inclusive; all of Lot 4 excepting the northerly 10 feet therecf; all of the sooth half of Lot 6; all of Lots 12 through 16, inclusive; and all of Lots 12A through 16A, inclnsive; all being in Paulina Langworthy's Addition. Tbe west 15 feet of Lot 4; all of Lot 5, and Lot 6; all being in McCoy Subdivision. All of Lots I throngh 6, inclusively, of Lot 2 and Lot 3; all of Lot 4; and all of Lots 5 throngh 8, inclusive, excepting the northerly 12 feet of all of them; all being in Mrs. L. A. Langworthy's Addition. All of Lots I throngh 12, inclusive; all of Lots 17 through 21, inclusive; and all of Lots 9 through 53, (8) Action by City Council. (a) The City Council shall submit the proposed ordinance or amendment 10 the Bureau of Historic Preservation of the State Historieal Society of Iowa for review and recommendations at least forty-five (45) days prior 10 the date of any public hearing con- ducted by the City Council. Any recommen- dations made by the Bureau of Historic Preservation shall be made available by the City 10 the public for viewing during norma1 working hours at a city government place of public access. (a) The nominated property, structure, ol!jcct. site or area: (I) Is of architectural significance, as defined by this chapter, or (2) Is associated with events that have made a significant con- trihotion 10 the broad patterns of the history of the City of Dubuque, Dubuque County, the State oflowa or the narion; or "",. - Regular Session, Maï.21, 1990 Regular Session, May 21,1990 2-3-C.L. 667 10 the south along said line of Lot 2-1-C.L. 667; east along said line 10 Bluff Stree~ south along Bluff SlIeet 10 the sooth line of A.L. Brown's Sob.; west along said line 10 the east line of Lot 769B of A. McDaniel's Sub.; south along said line and the east right-of-way line of Grove Tenace and the east line of Corkery's Sub. 10 the north line of Lorimer's Sub.; east along said line 10 the east line of Lot 1-1-1 and 11 ofLorinw's Sub.; south along said line and its extension 10 West 9th Stree~ east along West 9th Street 10 Locust SIIee~ north along Locust Street 10 West 10th SIIee~ east along West 10th Street 10 the alley between Locust and Main SlIeets; north along said alley 10 West 13th SIIee~ east along West 13th SlIeet 10 Main Stree~ south along Main Stteet 10 the south line of the north I/S-C.L. 46S; east along said line and its extension 10 the east line of the west 33 fee~ north I/S-C.L. 460; north along said line 10 West 13th SIIee~ east along West 13th Street 10 Iowa SIIee~ north along Iowa Street 10 West 14th Stree~ east along West 14th SlIeet 10 the alley between Iowa Street and Central Avenue; north along said alley 10 West 17th Stree~ east along West 17th SlIeet 10 Heeb Stree~ the point of beginning. See. 25-6.4. Cathedral Historic Preser- vatioD District. The properties hereinafter described are hereby designated as a historic preservation district. according 10 provisions of this Chapter, 10 wit: Beginning at the intersection of Locust SlIeet and West Seventh Stree~ southwest along West Seventh Street to Bluff SIIee~ northwest along Bluff SlIeet 10 the northwest line of Lot S-C.L. 6S3A; soothwest along said line 10 the southwest line of said lo~ southeast along said line 10 the northwest line of the north SO feet of Lot I-I-C.L. 653; southwest along said line 10 the northeast line of Coriell's Dubuque Sub.; tint southeast then in a elockwiae manner along said line 10 West Fifth Stree~ southeast along 305 304 West Fifth Stree~ 10 the northwest line of the west 107.5 feet-west 170 feet-C.L. 614; southwest along said line 10 the Dortheast line of Cooper Hcigbts Sub; southeast along said line and alon8 the northeast line of Lot I-I-I-I-C.L. 692 10 the north right-of-way line of West Fourth Street; southwest along said right-of-way line and along the northwest line of Lot 2-1-1-I-C. L. 692 10 Raymond Place; southeast along Raymond Place to the northwest line of Fenelon PciJ" Sub.; tint northeast then in a cloc:kwiae manner along said line 10 the SOUIbwest line of Lot I-E. 78.5 feet south 100 feet-C.L. 692; southeast along said line 10 West Third Street 10 the southwest line of Saint Raphael's Add.; southwest along said line 10 the northwest line of Lot 1-2-C.L. 694; tint northeast then in a clockwise manner along said line 10 the northwesterly most line of Pixler Place; northeast along said line 10 the west right-of-way line of Bluff Stree~ southeast across Bluff Street to the northeast line ofC.L. 589A; continuing southeast along the northeast line of C.L. 589A and the northeast line of C.I. 589 and the northeast line of the north 21 feet-north 1/2 C.L. 572 10 Locust Stn:eI; northeast along Locust Street 10 the southwest line of the south SO feet-c.L. 568; northwest along said line '" Bissell Lane; north along Bissell Lane 10 West Fourth Stree~ northeast along West Fourth Street 10 Locust Stree~ northwest along Locust Street 10 West Seventh Street. the place of beginning as deacribed betein. right-of-way line of Grove Tenaœ and along the east line of Corkery's Sub. to the north line of Lorimer's Sub.; east along said north line 10 the east line of Lot I-I-I-ll-Lorimer's Sub; south along said east line and its southerly extension 10 West 9th Stree~ west along West 9th Street 10 the west line of Central Addition; north along said west line 10 the south line of the east 27 feet-Lot 3-C.L. 703; west along said south line 10 the west line of said lo~ north along said west line 10 the north line of the west 139 feet-Lot 3-C.L. 703; west along said north line 10 the east line of Lot 2-46A-Farley's Sub.; north along said east line 10 Wilbur Stree~ west along Wilbur Street 10 the west line of Lot 2-46A-Farley's Sub.; south along said west line 10 the south line of Lot 1-46-Farley's Sub.; west along said south line and along the south line of Lot 1-45-Farley's Sub. 10 the west line of said Lot 1-45; north along said west line 10 Wilbur Stree~ west along Wilbur Street 10 Spruce Stree~ south along Spruce Street 10 the south line of Lot 2-43-Farley's Sub.; west along said south line 10 the east line of the south 80 feet-Lot 37-Farley's Sub.; north along said east line 10 the north line of said lo~ west along said north line 10 the east line of Lot 38-Farley's Sub.; north along said east line 10 Jefferson Stree~ west along Jefferson Street and along the south line of Lot 2-1-1-3-C.L. 738 10 the west line of Lot 2-1-1-3-C.L. 738; north along said west line and along the west line of Lot 1-1-1-3-C.L. 738 and along the west line of Lot 2-1-3-C.L. 738 and along the west line of Lot 1-2-1-C.L. 738; 10 West Eleventh Stree~ east along West Eleventh Street 10 the west line of Lot 12 of Cnmmin's Sub.; north along the west lines of Lots II, 10,9 and 8 of Cummin's Sub.; north across Race Stree~ north along the west line of Lot 6 of Curnmin's Sub. 10 Chestnut Stree~ west along Chestnut Street 10 the west property line of Lot 8 of Bissell's Dubuque; north along the west property lines of Lots 9, 10, II, 12, 13, 14 and 15 of Bissell's Dubuque and the E. ISO' of Lot 5 of C.L. 740; east along the north line of inclusive; all being in Julia Langworthy's Addition. Lots I througb 4, inclusive; Lot 1 of Lot 6; Lots 28 Ibrongb 32, inclusive; Lot I of Lot I of Lot I of Lot 33; and Lot I of Lot 2 of Lot 2 of Lot 33; all being in T. S. Nairn's Dubuque Addition. See. 25-6.2. Old Malo Historic Preaer- vatloo DistrlcL The properties hereinafter described are I hereby designated as a historie preservation distric~ according'" the provisions of this Chapter, 10 wit: All of åty Lots I through 12, inclusive; all of city Lots 69 through 80, inclusive; and the south 64' of Lot I Block XV of Dubuque Downlown Plaza. See. 15-6.3. Jackaou Park HIstoric Preaervatloo District. The properties hereinafter described are bereby designated as a historic preservation distric~ according 10 the provisions of this Cbapter, 10 wit: Beginning at the intersection of West 17th and Heeb Streets, north along Heeb Street 10 the south line of M. A. Rebman's Sub.; west along said line and the south line of Duncan's Sub. 10 the west line of Lot 4-C.L. 674 fee~ south along said line to the south line of Lot 2-S-C.L. 674; west along said line and along the south line of Lot 1-5-C.I. 674 10 Main Street; west across Main Street and Madison Avenue 10 the north line of Lot S-2-C.L. 673; continuing west along said line 10 the west line of said lo~ south along said line 10 Dorgan Place; west along Dargan Place 10 the east line of Lot I-IA-Dargan's Sob.; southwest along said line and along the east line of Lot I-I-Dargan's Sub. and its extension of West 17th Stree~ tint south then in a counterClockwise manner along the westerly line of D. N. Cooley's Sub. and its sootherly extension 10 the north line of Lot I-I-C.I. 667; east along said line 10 the east line of said lot; south along said line and the east line of Lot See:. 15-6,5, West EI.....lb Street lII.storlc: Preaervalloo Dlalrict. The properties hereinafter described are hereby designated as a historic presttvation distric~ according 10 pruvisions of this Chapter, 10 wit: Beginning at the intersection of Loras Boulevard and Bluff Stree~ south along Bluff Street 10 the south line of A.L. Brown's Sub.; west along said south line 10 the east line of Lot 769B of A. McDaniels' Sub.; south along said east line and along the east ""~ ' Regular session, May 21,1990 (3) Upon review, the Commission sba1l have the authority 10 take the following actions: 306 the E. 150' of Lot 5 of C.L. 740 10 Walnut Su.et:.north along Walnut Street to Loraa Boulevud; cast along Loraa Boolevard 10 Henion Stree~ north along Henion Street 10 Picken Stree~ east along Picken Street 10 the east line of Lot 2- 7-C.L. 667; south along said cast line 10 the south line of Lot 1-4-CL. 667; flnt cast line then in a counter-clockwise manner along the southerly JiDea of Lot 1-4-C.L.667 and Lot 1-3-C.L. 667 10 the west line of Lot 2-I-CL. 667; soulb along said west line of the south line of Lot 2-I-C.L. 667; east along said south line 10 Bluff Su.et: south along Bluff Street 10 Loraa Boulevard, the place of beginning. See. 25-7- Demolition of landmarks, landmark sites or structures In bistorlc districts; Certincate or Ecooomic Hardabip, Demolition of landmarks, landmark sites or structureS within historic districts is prohibited unless, upon application and after hearing, the Commission issues a Cettificate of Economic Hatdahip pursuant 10 Section 25-9.(8) of this Chapter. See. 25-8. Aiteratloo of landmarks, iandmark sites or structures In historIc districts; Determination of No Material Errect; Certlncate of Appropriateness; Certlncate of Ecooomic Hardabip. (I) After designation of a landmark,land- mark site or historic district by the City CoWlci!, any proposed al_tion or activity whicb will affect a landmark, landmark site or sltUcture or site within any historic distric~ and for whicb a regulated permit is requiIed, sba1l be reviewed by the Historic Preservation Commission; bowever, nothing in this chap"" sba1l be consttued 10 prevent ordinary maintenance or repajr of any land- mark, landmark site or structure or site within a historic district where such main- tenance or repajr does not involve a material change of appearance whicb necessitates issuance of a regulated permit as herein defined. (2) No regulated permit may be issued prior to review by Ibe Coonnission. ."'" (a) Authorize the Proposed Projec~ Determination of No Material Effect. (I) If an application submitted 10 the Commission demonslIates com- pliance with the "Seeretary of Interior's Standards for Historic Preservation Projects", Washinglon, D.C., 1979, and the "Secretary of the Interior's Standards for Rebabilitation and Gnidelinea for Rehabilitating Historic Buildings", Washinglon, D.C. (Revised 1983), established by this Chapter and, pursuant 10 the bylaws adopted by the Commission, a determination may be made that such work or activity would: (a) Not result in a material change in appearance, or (b) Not be visible IToro the public way. (2) The City Manager or City Manag"'s designee sball make snch determination and may issue a Determination of No Material Effect. which sba1l authorize the proposed work or activity 10 pr0- ceed without Commission hearing. (b) Approve the Proposed Projec~ Cettificate of Appropriateness. (I) Tbe Commission sba1l issue a Certificate of Appropriateness if, upon application and after hearing, it finds: (a) That the property owner or the property owner's representative has established that the proposed al-tion or activity complies with the standards for review set forth by this chapter and regu- lated by the Commission and conforms 10 the purpose and intent of this Chapter, and Regular Session, Mar 21,1990 (b) Tbat creating, changing, destroying or affecting the ex- terior an:hitcctural features of the structure, improvement or site upon which Ibe work is 10 be done wiD not have a substantial adverse effect on the aesthetic, historic or architectural significance and value of either the property iUelf or of the neighboring in:povements in a distriCl (2) The issuance of a Certificate of Appropriateness sba1l enable the applicant 10 obtain a regulated permit and 10 proceed with the proposed ai-on or activity. (c) Disapprove the Proposed Projec~ Certificate of Economic Hardship. (I) The Commission shall issue a Certificate ofEconomic Hardship, upon application or upon its own motion, if: (a) A Certificate of Appropriateness has been denied; and (b) The Commission determines that disapproval of the proposed work or activity would prevent the property owner ITem earning any reasonable economic return ITom the property. (4) The building official, city engineer or other local authorities sba1l not issue a regulated permit until there has been a De",,- mination of No Material Effect or a Cettifi- cate of Appropriateness or a Cettificate of Economic Hardship issued. See. 25-9, Prooedure ror Ibe review of plans; Application for CertifIcate or Appropriateness; Appllcatlnn ror Certi- ficate of Economic Hardsbip- (I) Application for a regulated permit shall be made 10 the appropriate City official. The application shall state or the appropriate City official shall determine that the proposed ai_on, activity or demo- lition is 10 be done on a landmark. landmark site or on a sltUcture within a historic distriCl 307 (2) Upon the fIling of such application, the appropriate City official sba1l notify the applicant that the matter must be reviewed by the Historic Preservation Commission before a regulated permit can be issued. (3) A request for review by the Commis- sion of the proposed work, activity or demo- lition must be made by the applicanl Appli- cation for Commission review shall be fIled in the Community and Economic Develop- ment Departmenl (4) Unless otherwise mutual1y agreed upon by the applicant and the Commission, the Commission sba1l meet within twenty- one (21) days af"" the filing of the application for Commission review. The Commission sba1l review the proposed pr0- ject according 10 the duties and powers specified in this Chapter. In reviewing the proposed project. the Commission may CoD- fer with the applicant or the applicant's authori:œd representative. The Commission may require submission of such additions! drawings, sketches, photographs or other exhibits as it deems reasonably necessary for consideration of the application. (5) The Commission shall approve or disapprove such plan. (6) If the proposed project is approved, the Commission shall issue a Certificate of Appropriateness. (7) If the Commission disapproves such proposed project. it sba1l state its reasons and shall IIansmit 10 the applicant a written record of its disapproval. The Commission may propose appropriate revisions of the applicant's proposal which, if adopted, woold cause the Commission 10 reconsider its dis- approval. The applicant may make modifi- cations 10 the proposed project and sba1l have the right 10 resubmit a modified pl'<>- posa1 at any time. (8) If the Commission disapproves a pr0- posed project. it may, upon application or on its own motion, consider issuing a Certificate of Economic Hardship. (a) Upon application or motion for a Certificate of Economic Hardship, the Corn- mission shall schedule a public meeting on that application or motion. Regular Session, May 21,1990 (6) If the property is income- producing, the annns! gross income ITom the property for the previous two years; (7) ltemi:œd operating and main- tenance expenses for the previoos two years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period; Regular Session, May 21,1990 308 309 (c) Detmnination of economic hard- ship: Tbe Commission shall review all of the evidence and information required of an ap¡iIicant for a Certificate of Economic Hudship; and (b) Data 10 be provided by the appli- cant The Commission may aclicit expert testimony or requin: that the applicant for a Certificate of Economic llatdship make sub- missions conccming any or all of the following information bef- rendering its dcåsion: (I) Eatimall: of the cost of the pr0- posed oonS1lUCtion, al1cration, demolition or removal and an estimate of any additional cost that would be incurred 10 comply with the recommendations of the Historic Preservation Commission for changes necessary for the issuance of a Certificate of Approp'iatenesa; (10) In the event the Commission dis- appuves of a proposed project. the notice of disapproval shall be binding upon the build- ing official, city engineer or other local authority, and no permit sball be issued in sueh a case. (I) If the Commission finds that disapproval of the proposed work wouldprev~tthepropertyowner ITom earning any reasonable ec0- nomic return ITom the property, the Commission sball: (II) The failure of the Commission 10 appuve or disapprove an application for a Certificate of Appropriateness within sixty (60) days ITom the date of the fIling of an application, UJÙess an extension is agreed upon mutually by the applicant and the Commission, sball be deemed 10 constitute appuval, unless within sueh sixty (60) days the Commission has made a determination of economic hardship and has suspended its decision regarding a Certificate of Economic Hudship pursuant 10 Paragmph 8.(c).(I)(b). (8) The remaining balance on any mortgage or other financing secured by the property and annns! debt service, if any, for the previous two years; (9) All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing or owner- ship of the property; (10) Any listing of the property for sale or rent. price asked and offers received, if any, within the previous two years; (a) Immediately issue a Certificate of Economic Hardship; or (b) At it> discretion, postpone, for a period not 10 exceed ISO days, the issuance of a Certificate of Economic Hardship. During this time, the Commission sball investigate strategies which woold allow the property owner 10 earn a reasonable economic return ITom the property. No regulated permit shall be issued during this time unless a Certificate of Appropriateness has been secured. If, at the end of the 180 day period, the Commission, aITer a public meeting, finds that the property owner still cannot earn anyreasonableecooomicreturn ITem the property, it shall issue a Certificate of Economic Hardship. (2) A report ITem a licensed engineer or architect with experience in rehabilitation as 10 the structural soundness of any structures and their suitability for rehabilitation; (3) Estimated market value of the property in its current condition; after completion of the proposed eonstruetion, alteration, demo- lition or removal; after any changes recommended by the Commission; and, in the case of a proposed demolition, after reno- vation of the existing property for continued use; See. 25-10. Standards ror review. (I) The Commission sball consider eacb design review on the merits of the individual case, with due deliberation given 10 each proposed change(s) and its sympathetic relarionship 10 the specific historic setting, architectura1 or historic significance, extent of previous alteration, use of original materials and quality of design of the existing structure or site. Commission approval of a particular type of alteration or activity sball not establish a binding pre- cedent for future Commission action, but may constitute an additional factor 10 be considered in subsequ~t design reviews involving the same type of alteration or activity. (II) The assessed value of the pr0- perty according 10 the two most recent assessments; (12) The amount of real estate taXes for the previous two yeara and whether or not they have been paid; (13) The form of ownership or opera- tion of the property, whether sole proprielorship, for-profit or not-for-profit corporation,limited partnership, joint venture or other; (2) If the Commission finds, aITer initial review or aITer the 180 day period of postponement. that the property owner has, in fact. earned or is able 10 earn a reasonable economic return ITom the property, then the Commis- sion shall deny the application for a Certificate of Economic Hudship. In the case of a proposed demo- lition, an estimate ]-om an archi- tect. developer, real estate con- sultant appraiser or other real estate professional experienced in rehabilitation, as 10 the economic feasibility of rehabilitation or reuse of the existing structure on thepropcrty; (5) The amount paid for the property, the date of purchase and the person ITem whom purchased, in- cluding a description of the relationship, if any, between the owner of record or the applicant and the person ITem whom the property was purchased. and any termS of financing between the Seller and Buyer; (4) (2) "The Seeretary of Interior's Standards for Historic Preservation Projects," Washington, D.C., 1979, and "The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings," Washington, D.C., (Revised 1983), sball provide the guidelines by which the Commission shall review an application for a Certificate of Appropriateness or Certificate of Economic Hardship, and any subsequent revisions of these guidelines by the Secretary of the Interior may be adopted by the Commission. (14) Any otherinformation considered necessary by the Commission 10 make a determination as 10 whether the property does yield or may yield any reasonable economic return 10 the property owner(s), including but not limited 10 the income taX btaeket of the owner(s) or applicant(s) or of the principal investor(s) in the property. (9) No regulated permit sball be issued authorizing a material change in appearance of a landmark, landmark site or of a struc- ture or site within a historic district until there is a Detennination of No Material Effect or a Certificate of Appropriateness or a Certificate of Economic Hudship fIled with the building official or the City official authori:œd 10 issue the necessary regulated permit. (3) The Commission shall also be guided by any design standards specified in the ordinance or amendment designating the landmark, landmark site or historic district. --. ..",., RlI ular Session, Maï 21,1990 311 Regular Session, May 21,1990 (2) Historic Preaervation Conwnissionera may from time 10 time inspec~ ITorn the public way, the work authorized and sball advise the building official or other enforce- ment authority as necessary 10 enforce corn- plianee with the approved plans. See. 25-13, VI..aliOllS; penalti... It sball be nnlawful for any person 10 disobey, omi~ neglect or refuse 10 comply with any provision of this chapter, and sucb person shall be subject 10 the provisions of Section 1-8 and Sections I-IS througb 1-17 of the City of Duhoque, Code of Ordinances. Published officially in the Telegrapb Herald newspaper this 6th day of June, 1990. 310 See. 25-11. Appeals from CommlaoiOO action, (I) An aggrieved party may appeal the Commission's action 10 the City Council by filing a Notice of Appeal with the Com- munity and Economic Development Depart- ment within thirty (30) days from the date of notice of the Commission's action. suspended and further moved that a Pnblic Hearing be be1d on the Ptopoaed 0nIinance on the 4th day of JIDIC, 1990, at 7:30 p.m. in the Pnblic Lihnry Auditorium and that !be City C1erk publish notice in the manner ¡xcacribed by law. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Blady, Counci1 Members Deich, Heckmann, Klucancr, Nicholson, Pratt, Voetherg. Nayo-Nonc. Kluesn.., Nicholson, Pratt. Voetberg. Nays- None. An Otdinance Amending Appendix A of the Code of Ordinances 10 provide for Group Day Care Centers as an Aocesaory Use in the PI Planned Industrial District and in the ID Institutional Distric~ preaented and read. Council Member Voetberg moved that this be considered the fust reading of the Ordi- naoce, and that the requirement that a pr0- posed Ordinance be considered and voted on for passage at two council meetings prior 10 the meeting at which it is 10 be finally adopted be suspended and farther moved that a Pnblic Hearing be bold on the Proposed Ordinaoce on the 4th day of June, 1990 at 7:30 p.m. in the Pnblic Lihnry Auditorium and that !be City Clerk publish notice in the manner prescribed by law. 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 10 rezone property located at the sootheast comer of the inœrseetion of Highway 611151 and 52167 ITom C-3 10 PC. presented and read. Council Member Voctberg moved that the conununication 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. (2) Upon filing of a Notiee of Appeal, the Community and Economic Development I>cparID1Cnt aba1l immediately tranSmit such notice and the record of the action before the Commission 10 the City Clerk- (3) On appeal, the City Council sball consider only the record of the action before the Commission. No new matter may be considered. (4) The City Council sball consider whether the Commission bas exercised its powers and followed !be guidelines establisbed by law and the Historic Preaervation Ordinance, and whether the Commission's action was patently ubittary or capricious. Mary A. Davis City Clerk 11 6/6 Council Member Voctbetg moved 1hat the requirement that a proposed Ordinance be considered and voted on for passnge at tWo council meetings prior 10 the meeting at whicb it is 10 be finally adopted be sus- pended and farther 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. Voetherg. Nays-None. Communication of Planning & Zoning Commission advising of their approval 10 rezone ¡xopertY located west of North Range Court from R-ilo PR zoning, presented and read. Council Member Kluesner 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. Voetbetg. Nays- None. An Ordinance Amending Appendix A of the Code of Ordinances by adopting a conceptual Development Plan for the PR Planned Residentia1 District at North Range Court. presented and read. Council Member Kluesner moved that this be considered the fust reading of the Ordinance. and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior 10 the meeting at which it is 10 be fins!ly adopted be An Otdinance Amending Appendix A of the Code of Otdinances by adopting a Conceptual Development Plan for the Southgate Development PC Planned Corn- mercia! District, presented and read. Council Member Voelberg moved that this be coD- sidered the fust reading of the Ordinaoce, and 1hat the requirement that a proposed Ordinance be considered and vole<! on for passage at two cooncil meetings prior 10 the meeting at which it is 10 be finally adopted be suspended and further moved that a Pnblic Hearing be held on the Proposed 0nIinance on the 4th day of June, 1990 at 7:30 p.m. in the Pnblic Lihnry Auditorium and that the City Clerk publiah notice in the manner prescribed by law. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nayo-None. Communication of City Manager sub- mitting documents providing for the bidding procedures for the 1990 Asphalt Paving Project (Fiaea1 Year 1991), 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. (5) The City Council may affirm or reverse the Commission's action, or may refer the matter back 10 1he Commission for such further action as may be appropriate. The City Clerk sball give written notice of the City Council's decision on appeal within seven (1) days of the City Council's decision 10 the Appellant and the Historic Preservation Commission. (6) An Appellant who is not satisfied by the decision of the City Council may appeal within sixty (60) days of the City Council's decision 10 the Disttict Court for Dubuque County, pursuant 10 Iowa Code Section 303.34. See:. 25-12. Inspection. RESOLUTION NO, 209-90 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Communication of Planning & Zoning Commission advising of their approval 10 amend the zoning nrdinanee text 10 allow day care centers in PI P1anned Industrial and ID Institutional Districts, 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, That the proposed plans, specifications, form of contract and estimated cost for the 1990 Asphalt Paving Project. in the esti- mated amount of $429,823.90, are hereby approved and ordered fIled in the office of the City Clerk for public inspection. (I) Afi-er a Certificate of Appropriateness or Certificate of Economic Hardship has been issued and a regulated permit granted 10 the applicant. the building official, city engineer or other local authority may from time to time inspect !be work authorized and sball take aucb action as is necessary 10 enforce compliance with the approved plana. Passed, approved and adopted this 21st day of May, 1990. James E. Brady Mayor --- .~~--- ~- .-. ~---- "'. 312 Regular Session, MaX 21,1990 Atteat: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Prall Carried by the following vote; Yeas-Mayor Brady, Counci1 Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voethetg. Nay..None. RESOLUTION NO. 110.90 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS. Wbereaa, the City Council of the City of Dubuque, iowa bas given its preliminary approval on the proposed plans, specifi- cations, and form of conlIaCt and placed same on fIle in the office of the City Clerk for public inspection of the 1990 Asphalt Paving Project. NOW, THEREFORE, BE IT RESOLVED, that on the 18th day of June, 1990, a public hearing will be held at 7:30 p.rn. in the Public Library Auditorium at whicb time interested persons may appear and be heard for or against the proposed plans and specifications, form of conlIaCt and cost of said improvement, and the City Clerk be and is hereby directed 10 cause a notice of time and place of such bcating 10 be publiabed in a newspaper baving general circulation in the City of Dubuque. Iowa. which notice sball be not less than four days nor more than twenty days prior 10 the day fixed for its considelation. At the bearing, any interested person may appear and file objections 10 the proposed plans, specifi- cations, conlIaCt, or estimated cost of the improvement. Passed, approved and adopted this 21st day of May, 1990. I....,s E. Brady Mayor Atteat: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Prall Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, -,., , Heckmann, Kluesner, Nicholson, Pratt, Voetbetg. Nays-None. RFSOLUTION NO, 211.90 RESOLUTION OF NECESSITY. Wbereaa, proposed plans bave been duly prepared and approved by the City Council of the City of Dubuque and are now on fIle in the office of City Clerk sbowing among other things the plans, specifications, form of conlIaCt. estimated cost and preliminary plat and schedule showing the amount proposed 10 be assessed against eacb lot and the valuation of each lot as filed by the City Council, for the 1990 Asphalt Paving Project BE IT THEREFORE RESOLVED that the City Council deem¡ it advisable and necessary for the public welfare 10 make the herein mentioned improvements, and urness property owners at the time of the fins! consideration of this proposed resolution have on file with the City Clerk objections 10 the resolution of necessity, they shall be deemed 10 bave waived all objections per- taining 10 the regularity of the proceeding and the legality of using the special assess- ment procedure. Said improvements sball be consb11cted and done in acconIance with the plans and specifications whicb bave been approved by the City Council and nOW on file with the City Clerk. That the cost and expense of making such improvement will be assessed partially or Iotally against privately owned property lying with the assessment limits, and io an amount not 10 exceed that pr0- vided by law, and in proportion 10 the special benefits eooferred. The portion of the cost whicb shall be home by the City will be paid ITom the Street Construction Fund and the Local Option Sales Tax Fund, and special assess- ment bonds may be issued in anticipation of deferœd paymenta of assessments wben a conttaCI bas been performed and accepted, and the proceeds thereof used 10 pay the con-. The above resolution was inttOduced, approved and ordered placed on file with the City Clerk this 21st day of May, 1990. Regular Session, MaX 21,1990 313 Approved and placed on fIle for fins! action. James E. Brady Mayor Atteat: Mary A. Davia City Clerk Council Member Voetberg moved ad0p- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Ycas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbetg. Nay..None. RESOLUTION NO. 2U-9O FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY. Wbereas, the City Cooncil of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifi- cations and form of contnlct and placed same on fIle in the office of the City Clerk for public inspection, for the 1990 Asphalt Paving Project. and, Whereas, the proposed Resolution of Necessity for said improvement has been iottOduced and is now on fIle in the City Clerk's office for public inspection. NOW, THEREFORE, BE IT RESOLVED, that on the 18th day of June, 1990, a public hearing will be held at 7:30 o'clock p.m. in the Public Library Audi- torium in the City of Dubuque at which time the owners of property subject 10 assessment for the proposed improvement or any other person baving an interest in the matter may appear and be beard for or against the making of the improvement. the boundaries of the district. the cost. the assessment against any lot, or the fins! adoption of a resolution of necessity and the City Clerk be and is hereby authori:œd and directed 10 cause a notice of time and place of such hearing 10 be published in a newspaper having general circulation in the City of dubuque, Iowa, which notice aha1l be published once each week for two consecu- tive weeks, the first publication of which sball be not less than ten days prior 10 the day fixed for its consideration. UlÙess property owners at the time of the fins! consideration of this proposed resolution have on fIle with the City Clerk ol!jections 10 the Resolution of Necessity they sball be deemed 10 have waived all objections therelo. Passed, approved and adopted this 21st day of May, 1990. James E. Brady Mayor Atteat: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Y cas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 213.90 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, pages numbered I 10 II inclusive, are bereby determined 10 be the schedlÙe of proposed assessments for the 1990 Asphalt Paving Project and the valuations set out herein are hereby approved. Passed, approved and adopted this 21st day of May, 1990. James E. Brady Mayor Atteat: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Pratt Carried by the following vote: Y cas-May... Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nay..None. Council recessed 8:56 p.m. Council reconvened 9:14 p.m. Communication of Coach/General Manager of Dubuque Fighting Saints requesting 10 address the Council 10 ask for reconsidemlion of the current ice schedule at Five Flags, Communication of City Mannger 314 submitting background material for discus- siun on Five Flags Arena Ice Scbedule and Dubuque Youth Hockey AssIL endorsing the request for additional ice time, presented and read. Ted Scherr, President of the Fighting Saints, spoke requesting more ice for 1990- 1991 season. Council Member Pratt moved that the oommnnications be received and fIled and confirmed ice would be available for March, 1991. Seconded by Council Member Voetbetg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbetg. Nays-None. Petition of Daniel J. Block, Cbairman of Dubuque Dock Board, requesting a meeting with the City Council 10 discuss the direction the Council wisbes them 10 go regarding riVerITont issues, presented and read. Council Member Kluesner moved that the petition be received and fIled and referred 10 Council 10 plan for scbeduling later in the summer. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Voetbetg. Nays- None. Communication of Planning & Zoning Commission advising of their denial 10 rezone property at 2222 Francis St. ITom R- 2A 10 R-3 and Petition containing 25 signatures objecting to proposed reclassifica- tion of the property at 2222 Francis St., presented and read. Council Member Voetberg moved that the communication and petition be received and fIled and concur with Planning and Zoning Commission's denial. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbetg. Nays-None. Communication of City Manager rec0m- mending 10 condemn property at 21st Street and Central Avenue and a Resolution Autho- rizing Corporation Counsel 10 institute eminent domain proceedings for the acqui- sition of a portion of the southerly 42 feet of Lot 12 in L. H. Langworthy's Addition for the reconstruction of the curb radius at the intersection of 21st Street and Central Ave.. presented and read. Council Member Pratt moved that the communication be received and fIled and further moved adoption of the .,.. .. (OFFICIAL PUBLICATION) ORDINANCE NO. 47-90 AN ORDINANCE AUTHORIZING DONALD J. HERBST TO CONSTRUCT AN EIGHT FOOT HIGH CHAIN LINK FENCE ALONG THE NORTH, SOUTH AND EASTERLY BOUNDARIES OF THE WESTERLY 17 FEET OF PINE STREET BETWEEN 14TH & 15TH STREETS IN DUBUQUE, IOWA. NOW, THEREFORE, BE IT ORDAINED BY THE ClTY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That Dons!d J. Herbst as owner of the premises known as 14th & Elm Streets, Dubuque, Iowa, and legally des- cribed as Lots 190, 191, 212, 213 and the alley dividing said lots, and the easterly 35 feet of Lots 212, 213, 213, 215 and 216 in East Dubuque Addition all in the City of Dubuque, Iowa, be and they are hereby granted the revocable permit and authority to construct and maintain an eight foot high chain link fence and land enclosed by said fence under the termS and conditions set forth in this Ordinance. R!lilular Session, May 21, 1990 315 Sedlon 2. That aueh comtruetion sball be done in - with pIaru berelofcR submitted by permilleea and approved by the City Manager, under the supervision and direction of the City Manager, and in accor- dance with all applicable state and fedtn1 laws and regulations, and the Ordinances of the City of Dubuque. Sedlon 3. That the permission herein granted is expressly conditioned on per- mitteea' agreement 10: a. Assume any and all liability for damages 10 persons or property which may result ITom the existence, location, instal- lation, construction or maintenance of said eight foot high chain link fence and the land enclosed by said fence. b. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque sball become obligated 10 pay by reason of the liability imposed upon the City of Dubuque for damages of any kind result- ing ITem the location, installation, existence, construction or maintenance of said eight foot high chain link fence and land enclosed by said fence sustained by any person or persons, caused by accident or otherwise 10 defend at its own expense and on behalf of said City any c1aim against the City of Dubuque arising oot of the location, instal- lation, existence, construction or maintenance of eight foot high chain link fence and land enclosed by said fenee and 10 pay reasonable attorney feea therefore. c. Indemnify, defend and hold the City of Dubuque ITee and harm1ess ITem any and all claims, loss, liability and expense for death and/or injuries to thUd penons or damages 10 property of thUd persons, or for damage 10 any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be res- cinded or revoked by the City Cooncil, per- mittees, or their sucœssors in interest. as owners of the abutting property, sball within ten (10) days after receipt of written notice ITorn the City Manager, so 10 do, at their own expense, remove said eight foot high chain link fence and in the event of their failure so 10 do, the City of Dubuque sball be authori:œd 10 remove said eight foot high chain link fence at permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting ITom the removal of said eight foot high chain link fence. Sedlon $, That permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permittees hereby covenant and agree not 10 assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or property damage ngainst the permittees arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance sball become effective and the rights hereunder accrue 10 Donald J. Herbst when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Sedlon 7, That the City Clerk be and she is authori;œd and directed 10 file at permittees' expense a copy of this Ordinance in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 21st day of May, 1990. Atteat: Mary A. Davis City Clerk James E. Brady Mayor Regular Session, May 21,1990 Resolution. Seconded by Council Member Kluesner. Vote on the motion was as follows: Yeas-Council Members Heekmann, Kluesner. Nays-Mayor Brady, Council Members Deicb. Nicholson, Pratt, Voetberg. Motion failed - Resolution not adopted. Communication of City Manager recommending approval of an Ordinance which provides Donald J. Herbst autho- rization 10 encroach on the right-of-way of Pine Street between 14th and 15th Street. presented and read. Council Member Vuetbetg 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, Voetbetg. Nays-None. An Ordinance Autho- rizing Donald J. Herbst 10 construct an eight foot high chain link fence along the Nurth, South and Easterly boondaries of the westerly 17 feet of Pine Street between 14th & 15th Streets in Dubuque, Iowa, presented and read. ACCEPTANCE OF ORDINANCE 47-90 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 47-90 hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree 10 be buund by the conditions and ~~--- -- 316 Regular Session, May 21,1990 agreements therein oontained 10 be performed by permittees. Dated: May 22, 1990 By: Donald J. Herbst Publisbed officially in the Telegraph Hemld newspaper this 29th day of May, 1990. Mary A. Davis City Clerk It 5{29 Council Member Voetberg moved that this be considered the first reading of the Ordinance and that the requiJement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior 10 the meeting at which it is 10 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. Communication of City Manager submit- ting resolutions providing for the approval of the Collective Bargaining Agreements and the Wage Plan for Non-Bargaining Unit Employees, presented and read. Council Member Pratt moved that the communication be received and fIled. Seconded by Council Member Voetbetg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deicb, Heckmann, Kluesner, Nicholson, Pratt. Voetbetg. Nays-None. RESOLUTION NO, 214.90 ACCEPTING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE GENERAL DRIVERS AND HELPERS UNION, LOCAL *421, AND AUTIlORJZING THE MAYOR TO SIGN THE AGREEMENT. Wbereas, the Sixty-Fifth General Assembly adopted the Pnblic Employment Relations Act. Chapter 20, Code of Iowa: and Whereas, the City of Dubuque is a public employer within th~ meaning of Section 3(1) of the Pnblic Employment Relations Ac~ and Whereas, the Geoera1 Drivers and Helpers Union, Loca11t421, is an employee organi- zation within the meaning of Section 3(4) of the Pnblic Employment Relations Ac~ and Whereas, the Geoera1 Drivers and Helpers Union, Loca11t421, submitted a request 10 bargain collectively on behalf of the employees within ilS representation; and Whereas, bargaining between the parties has occurred and an agreement bas been concluded. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1, That the terms of the ngree- ment be accepted and the Mayor authorized 10 sign the collective bargaining agreement. Passed, approved and adopted this 21st day of May, 1990. James E. Brady Mayor Atteat: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetbetg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prart, Voetbetg. Nays-None. RESOLUTION NO, 215-90 ACCEPTING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL 353, AND AUTIlORJZING THE MAYOR TO SIGN THE AGREEMENT. Whereas, the Sixty-Fifth General Assembly adopted the Pnblic Employment Relations Act. Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Pnblic Employment - Relations Ac~ and ReilL'lar Session, May 21,1990 317 Whereas, the Dubuque Professional Firefighlen As_on, Loca1 *353, is an employee or¡anization within the meaning of Sectioo 3(4) of the Public Employment Relaliona Ae~ and Whereas, the Dubuque Professional Firefighters As_on, Loca1 *353, submitted a request 10 bargaiu collectively on beha1J of the employees within its repn:sentation; and Whereas, bargaining between the parties bas occurred and an agreement bas been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the terms of the agreement be accepted and the Mayor authori:œd 10 sign the collective bargaining agreemenl Passed, approved and adopted this 21st day of May, 1990. Attest: Mary A. Davia City Clerk James E. Brady Mayor Whereas, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Pnblic Employment Relations Act; and Wheæaa. the Amalgamated Transit Union, Loca1 *329, is an employee organization within the meaning of Section 3(4) of the Pnblic Employment Relations Ac~ and Wheæaa. the Amalgamated Tmnsit Union, Loca1 *329, submitted a request 10 bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and an agreement baS been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement be accepted and the Mayor authori:œd 10 sign the collective bargaining agreement. Passed, approved and adopted this 21st day of May, 1990. Atteat: Mary A. Davis City Clerk James E. Brady Mayor Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deieh, Heckmann, Kluesner, Nicholson, Pratt, Vnetberg. Nays-None. RESOLUTION NO. 216.90 ACCEPTING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE AMALGAMATED TRANSIT UNION, LOCAL *329, AND AUTIlORJZING THE MAYOR TO SIGN THE AGREEMENT. Whereas, the Sixty-Fifth General Assembly adopted the Pnblic Employment Relations Act. Chapter 20, Code of fowa; and Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Vœtberg. Carried by the following vote: Yeas-Council Members Kluesner, Nicholson, Pratt, Voetberg. Nays-Mayor Brady, Council Members Deich, Heckmann. RESOLUTION NO, 217-90 ACCEPTING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE POLICEMEN'S PROTECTIVE ASSOCIATION, AND AUTIIORIZING THE MAYOR TO SIGN THE AGREEMENT. Whereas, the Sixty-Fifth General Assembly adopted the Pnblic Employment Relations Act. Chapter 20, Code of Iowa; and 318 Regular Session, MaX 21,1990 Whereas, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Pnblic Employrnent Relations Act; and Whereas, the Dubuque Policemen's Association, is an employee organization within the meaning of Section 3(4) of the Pnblic Employment Relations Ac~ and Whereas, the Dubuque Policemen's Associarion, submitted a request 10 bargain collectively on bebaIJ of the employees within its representation; and Whereas, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIfE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agree- ment be accepted and the Mayor authori:œd 10 sign the collective bargaining agreement. Passed, approved and adopted this 21st day of May, 1990. James E. Brady Mayor Atteat: Mary A. Davia City C1erk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deicb, Heckmann, Kluesner, Nicholson, Prart, Voetberg. Nays-None. RESOLUTION NO, 218-90 ACCEPTING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND TIfE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL *758, AND AUTHORIZING TIfE MAYOR TO SIGN THE AGREEMENT. Whereas, the Sixty-Fifth General Assembly adopted the Pnblic Employment Relations Act. Chapter 20, Code of Iowa; and "'-7- Whereas, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Pnblic Employment Relations Act; and Whereas, the International Union of Operating Engineers, Local *758, is an employee organization within the meaning of Section 3(4) of the Public Employment Relations Ac~ and Wbereas, the International Union of Operating Engineers, Local *758, submitted a request 10 bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY TIfE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agree- ment be accepted and the Mayor authorized 10 sign the collective bargaining agreement. Passed, approved and adopted this 21st day of May, 1990. James E. Brady Mayor Atteat: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-May... Brady, Council Members Deicb, Heckmann, Kluesner, Nicholson, Prart, Voetbetg. Nays-None. RESOLUTION NO. 119-90 ACCEPTING THE FISCAL YEAR 1991 WAGE PLAN FOR NON- BARGAINING UNIT EMPLOYEES. Whereas, in the Fiscal Year 1990 budget the City Cooncil authori:œd a compensation and classification study for all non- bargainingunitc~sifications;and Whereas, in the Fiaea1 Year 1991 hodget. the City Council appropriated funds 10 begin implementation of the resulta of the compen- sation and classification study and 10 provide Regular Session, Ma}' 21, 1990 319 an increase of five percent (5%) across the bootd effective July I, 1990. NOW, THEREFoRE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SectIon 1, That the Wage Plan for Non- Bargaining Unit Employees for Fiscal Year 1991 be accepted. Passed, approved and adopted this 21st day of May, 1990. James E. Brady Mayor Atteat: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetberg. Yeas-Council Members Kluesner, Nicholson, Pratt, Voetherg. Nays- Mayor Brady, Cooncil Members Deich, Heckmann. RESOLUTION NO. 110-90 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 10 be occupied by such applicants were inspected and found 10 COIq>Iy with the Ordinances of this City and have fIled proper bonds; NOW, TIIEREFORE,BEITRESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authori:œd 10 cause 10 be issued the following named applicants a Beer PenniL CLASs "BE" BEER PERMITS Beech.. Co., Inc. 1691 Asbury SL CLASS "C" BEER PERMIT Revco Discount Drug Centers, Inc. 3049 Asbury SL Dubuque Yacht Basin, Inc. 1630 E. 16th SL Passed, approved and adopted this 21st day of May 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. RESOLUTION NO. 111-90 Whereas, applications for Liquor Licenses have been submitted 10 this Council for approval and the same have been examined and approved; and Whereas, the premises 10 be occupied by such applicants were inspected and found 10 comply with the State Law and all City Ordinances relevant therelo and they have fIled proper honds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authori:œd 10 cause 10 be issued the following named applicants a Liquor License. CLASS "A" (CLUB) BEER AND LIQUOR LICENSE Dubuque Golf and Country Club 1800 Randall Place CLASs "E" LIQUOR LICENSE Beech.. Co., Inc 1691 Asbury Rd. Passed, approved and adopted this 21st day of May, 1990. James E. Brady Mayor Attest: Mary A. Davia City Cled 320 Regular Session, May 21,1990 Counci1 Member Deich moved adoption of the Resolution. Seconded by Counci1 Member Heckmann. Carried by the following vote: Yeas-Mayor Brady, Counci1 Members Deich, Heckmann, Klueane<, Nicholson, Prart, Voetberg. Nays-None. MINUTES SUBMfITED - Allport Com- mission of 4-10 It 4-27; Cable Community Teieprogramming Commission of 5-1; Cable TV Regulatory Commission of 5-9; Elec- trieal Examining Board of 5-7; Fire Pension Board of 5-11; Human Rights Commission of 4-9; Library Board of Trustees of 4-26; Park & Recreation Commission of 4-10 It 5- 8; Police Retirement Board Meeting of 5-11; Historic Preservation Commission of 4-24 It 5-1, presented and read. Counci1 Member Nicholson moved that the minutes be received and fIled. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prart, Voetberg. Nays-None. NOTICES OF CLAIMS/SUITS - Behr Fuoera1 Horne in amount of $1876.00 for property damages; Iowa Glass in unknown Iota! amount for vehicle damages; Glen Koetz in amount of $118.63 for car damages; Jay Sncinz in the amount of $302.51 for car damages, presented and read. Council Member Nicholson moved that the claims be referred 10 the Legal Staff for investigation and report. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Coon- ciI Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communications of Corporation Counsel recommending closure of driveway damage claim of Jerome Beckman and personal injury c1aim of Ellen Maloney, presented and read. Council Member Nicholson moved that the communication be received and fIled approved recommendations. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Petition of Vicki Collins requesting permission 10 use firecrackers during the awakening of the Dragon Ceremony during ".." ' the 1990 Dubuque Higb School Dragon Boat Festival, presented and read. Council Member Nicholson moved that the petition be approved, sul!iect 10 implementation with City Manager. Seconded by Cooncil Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Voetberg. Nays-None. Communication of City Mannger submit- ting Financial Reports for the month of April, 1990, presented and read. Council Member Nicholson moved that the com- munication be received and fIled. Seconded by Cooncil Member Voethetg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Proof of Pnblication, certified 10 by the Pnblisher, of List of claims paid for the month of March, 1990, presented and read. Council Member Nicholson moved that the proof 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. Sharon Dull Mullen submitting Notice 10 Comply, presented and read. Council Member Nicholson moved that the notice 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. REFUNDS REQUESTED - Park Square Tavern $422.50 on unexpired Liquor License, presented and read. Council Member Pratt moved that the ICfund be approved with Finance Director 10 issue proper cbeck. 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 Mannger advising of a request 10 name a new or existing City sheet "Hayford Street" in honor of Regina Hayford, known as the "Little Old Lady of Dubuque" and recomrnending to direct Regular Session, May 21,1990 Planning Staff 10 work with developers 10 find a new .- 10 be named in ber bonar, preacnted and read. Council Member Pratt moved that the conmnmication be received and fIled and approved rccommcodation. Seconded by Council Member Voetbetg. Carried by the following vote: Yeas-Mayor Brady, Connci1 Memhcra Deich, Heckmann, Klueaner, Nicholson, Pratt, Voetberg. Nays-None. Communication of Planning & Zoning Commission advising of thcir approval of fins! plat of Lot 2 of Howard Place located northwest of the intersection of the North- west Arterial and Highway 20, presented and read. Council Member Nicholson moved that the communication be receive and fIled. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Couoci1 Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Vnetbetg. Nays-Nonc. RESOLUTION NO, 222-90 A RESoLUTION AUTHORIZlNG APPROVING THE FINAL PLAT OF THE SUBDIVISION OF LOT 2 OF HOWARD PLACE IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been fIled with the City Clerk a fins! plat of the Subdivision of Lot 2 of Howard Place, in the City of Dubuque, Iowa; and Whereas, said final plat has been examined by the City Planning and Zoning Commission and had its approval endorsed thereon; and Whereas, said final plat has been approved by the City Planning and Zoning Commission on the condition that Lots I of 2 of Howard Place and Lot 2 of 2 of TheodOlC Konzen Place and Lot 3 of 2 of I of SW 1/4 of SW 114 of Section 28, be combined inlo one lot within one year of approval of this plat. Wbereas, said fins! plat has been examined by the City Council and the City Council finds that the same conforms 10 the stabltes and ordinances relating therelo. 321 Wbereas, the City Cooncil concurs in the condition of approval established by the City Planning and Zoning Conunission NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Sec:tJon 1, That the final plat of the Subdivision of Lot 2 of Howard Place be and the same is bereby approved and the Mayor and City Clerk are bereby authori:œd and directed 10 cndonc the approval of the City of Dubuque upon said final plat provided that the owner of said property shall execute a written acceptance herelo attached, acknowledging and agreeing: a) That Lots I of 2 of Howard Place and Lot 2 of 2 of Theodore Konzen Place and Lot 3 of 2 of I of SW 114 of SW 114 of Section 28, be combined inlo one lot within one year of approval of this plat. Section 2, That in the event the owner fails 10 execurc the acceptance provided for in Section I berein within 45 days after the date of this resolution, the provisions herein shall be null and void and the approval of the plat shall not be effective. Passed, approved and adopted this 21st day of May, 1990. James E. Brady Mayor Attest: Mary A. Davia City Clerk ACCEPTANCE OF ORDINANCE NO. 222-90 We, the undersigned, Howard PixIe< and Rose M. PixIe<, having read the tenns and conditions of Resolution No. 222-90 and being familiar with the conditions thereof, hereby accept the same and agree 10 the conditions required therein. Dated at Dubuque, Iowa this 24th day of May, 1990. By: Howard Pixler By: Rose M. Pixler Council Member Nicholson moved adoption of the Resolution. Seconded by 322 ReDular Session, May 21,1990 Counci1 Member Voetbez¡. Carried by the following vole: Ycas---Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of Planning and Zoning Commission advising of their approval of fina1 plat of Eastridge Estates located East of Arbor Hilla Drive, presented and read. Council Member Nicholson moved that the communication he received and fIled. Seconded by Cooncil Member Voetberg. Carried by the following vote: Y cas-Mayor Brady, Council Members Deich, Heckmann, Kluesnec, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 223.90 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1-4, AND LOT C OF BLOCK 2 AND LOT 51- 13 OF BLOCK 3 AND LOT D OF EASTRIDGE ESTATES IN THE CITY OF DUBUQUE, IOWA. Wbereas, there bas been fIled with the City C1erk a final plat of Lota 14, and Lot C of Block 2 and Lot 51-13 of Block 3 and Lot D of Eastridge Estates in the City of Dubuque, Iowa; and Whereas, upon said final plat appear streets 10 he known as Arbor Hills Drive, Foxborough Cl and Spring Oaks Ct., together with certain public utility casements which the Owners by said final plat have dedicated 10 the public forever; and Whereas, said final plat bas been examined by the City Planning and Zoning Connniasion and had its approval endorsed thereon; and Whereas, said final plat bas been examined by the City Council and they find that the same conforms 10 the statutes and ordinances relating thereto, except that the length of the cul-de-sac, if approved, would be in technieal violation of the subdivision ordinance; Whereas, the City Council conCUIS in the conditions of approval established by the City Planning and Zoning Commission. NOW, TJIEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the dedications of Arbor Hilla Drive, Foxborough Ct. and Spring Oaks Ct., together with the easements for public utilities as the same appear upon said fins! plat. be and the same are hereby accepted; and Section 2. That the plat of Lots 1-4 and Lot C of Block 2 and Lota 1-13 of Block 3 and Lot D of Eastridge Estates be and the same is hereby approved and the Mayor and City Oerk are bereby authori:œd and directed 10 endorse the approval of the City of Duhoque, Iowa, upon said final plat. provided the owneIS of said property herein named, execute their written acceptance herelo attached agreeing: a. To reduce all streets 10 grade of 15% or less and 10 cons1rUct concrete cUIb and gutter and 10 hard surlace with biturninoos concrete, or with concrete paving with integral cUIb, all in accordance with the City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service latera1s in accordance with plans submitted with the plat; c. To install water mains and water service latera1s in accordance with plans submitted with the pla~ 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 within one year of completion of construction of residences, and where directed by the City Engineer and the City Manager; f. To install houlevard 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 Mannger; Regular Session, May 21,1990 b. To maintain the foregoing improve- I To: Mary A. Davis ments for a period of two (2) years ITom the City Clerk date of their acceptance by the City of Dubuque, Iowa; i. To provide the foregoing construction and maintenance at the sole expense of the subdivider, as ownec, or future owner; j. That wben 60% of the lots on Blocks I, 2 and 3 of Eastridge Estates are sold, work will begin on the Subdivision of Lot D and the extension of the Castle Woods Lane/Spring Oaks Court connection with work on the street 10 be complete within one ealendar year. And further provided that said Grand Island Panners, as owners of said sub- division, secure the performance of the foregoing conditions by providing security in snch form and with such sureties as may be acceptable 10 the City Manager. Seálon 3. That in the event Grand Island Panners shall fail 10 execute the acceptance and furnish the security provided in Section 2 herecf within forty-five (45) days after the date of the Resolution, the provisions herecf shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 21st day of May, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION 223-90 We, the undersigned, Grand Island Panners, having read the Icrm¡ and conditions of Resolution No. 223-90 and being familiar with the conditions thereof, hereby accept the same and agree 10 the conditions required therein. Dated at Dubuque, Iowa, this 25th day of May, 1990. By: W.R. Klauer, Partner Grand Island Panners 323 This is 10 certify that the security provided by the foregoing Resolution No. 223-90 has been furnished by the owners. Dated at Dubuque, Iowa this 25th day of May, 1990. W. KeMeth Gearhart City Manager Council Member Nicholson moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Y cas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of City Mannger rec0m- mending approval of a Purchase of Services Agreement with Substance Abuse Services Center for the fiseal year beginning July I, 1990 and authorize Mayor 10 execute, pre- sented and read. Council Member Nicholson moved that the COmmunication he received and fIled and approved recommendation. Seconded by Cooncil Member Voetbetg. Carried by thcfollowing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbetg. Nays-None. Communication of City Manager recom- mending approval of the Purchase of Ser- vices Agreement for the Land of Festivals for the fiaea1 year beginning July I, 1990 and authorize the Mayor 10 execute. Pre- sented and read. Couoci1 Member Nicholson moved that the communication be received and fIled and approved recommendation. Seconded by Cooncil Member Voetbetg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbetg. Nays-None. Communication of SandIa Kirkbride requesting information regarding architectuta1 modifications for in school Suspension, detention, isolation rooms within the Dubuque Community School District. pre- sented and read. Ms. Kirkbride spoke 10 the matter. Council Member Nicholson moved that the COmmunication be received and fIled and referred 10 Staff for investigation and Rllgular Session, June 4, 1990 324 Regular Session, Maï 21,1990 325 report. Seconded by Council Member Kluesner. Vote on the motion was as follows: Yeas-Mayor Brady, Council Members Kluesner, Nicholson. Nays-Council Members Deich, Heckmnnn, Prart, Voetberg. Motion failed. Council Member Nicholson moved that the commun- ication be received and fIled. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nicholson, Prart, Voetberg. Nays-Council Memben Deich, Heckmann. There being no farther business, Council Member Pratt moved 10 adjourn. Seconded by Cooncil Member Heckmann. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Voetberg. Nays-None. DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, June 4, 1990. Council met at 7:30 p.m., Pnblic Library Auditorium. Present: Mayor Brady, Council Memben Deich, Heckmann, Voetbetg, City Mannger W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Absent: Council Memben Kluesner, Nicholson, Pratt. Mayor Brady read the cali and stated this is the Regular Monthly Meeting of the City Council calied for the purpose 10 act upon such business which may properly corne before the Coonci1. Meeting adjourned at 11:10 p.m. Invocation was given by Father Glovik, Pastor of St. Parrick's Catholic Church. PROCLAMATIONS-June 4 thru 10th as "Youth Baseball Week" received by Vern Haberkorn and Rick Baurnhover, June 10 as "National Cancer Survivor's Day" received by Mary Kay Egan. Council Member Deich moved to suspend the rules 10 allow anyone present 10 address the Cooncil if they so desire. Seconded by Council Member Heckmantt. Carried by the following vote: Yeas-Mayor Brady, Coon- ciI Memben Deich, Heckmann, Voetberg. Nays-None. Absenl--Council Memben Kluesner, Nicholson, Pratt. Proof of Publication, certified 10 by the Publisher, on Notice of Pnblic Hearing 10 consider approval of the sale of Revenue Bonds Loan Agreement with Fint Nations! Bank of Dubuque in the maximum amount of $110,000 10 pay for the construction of a Fairway Irrigation System at the Bunker Hill Golf Course. (Adjourned ITem meeting of May 21, 1990), presented and read. Tbere were no written ol!jections received and no oral ol!jectors present at the time of the Hearing. Council Member Heckmann moved that the proof of publication be received and filed. Seconded by Cooncil Member Voetbetg. Carried by the following vote: Yeas-Mayor Brady, Council Memben Deich, Heckmann, Voetberg. Nays-None. Atteat: 11~ ~ Clerk Absent-Council Nicholson, Pratt. Members Kluesner, Council Member Heckmann moved to close the Public Hearing and table 10 the meeting of June 18, 1990 the following: Resolution Approving Promissory Note and Loan Agreement in the amount of $110,000 for the Construction of a Fairway Irrigation System at the Bunker Hill Golf Course. Seconded by Cooncil Member Voetberg. Carried by the following vote: Y cas-Mayor Brady, Council Members Heckmann, VoetheJg. Nays-Cooncil Member Dcleh. Absent-CounciI Members Kluesner, Nicholson, Pratt. Proof of Pnblication, certified 10 by the Publisher, on Notice of Public Hearing 10 consider an Amended Conceptual Develop- ment Plan for the Kennedy Mall PC District. (Recessed ITem meeting of May 7, 1990) and COmmunication ITem the Cafaro Corn- pany requesting this item be removed ITem the Pnblic Hearing schedule and be set aside indefinitely, contingent on continuing review by their Company, presented and read. Council Member Heckmann moved that the proof and communication be received and fIled and deferred matter 10 August 20, 1990. Seconded by Cooncil Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Couoci1 Members Deich, Heckmann, Voetberg. Nays-None. Absent--COuncil Members Kluesner, Nicholson, Pratt. Proof of Pnblication, certified 10 by the Publisher, on Notice of Public Hearing 10 consider approval of Conceptual Develop- ment Plan for the PR Planned Residential District at Narth Range Conn, presented and read. Tbere were no written o~tions received and no oral ol!jectors present at the time of the Hearing. Mike Portzen, 378 S. Grandview, requested favorable consideration of the proposed rezoning. Council Member Voetbetg moved that the proof of publication be received and fIled. Seconded by Coonci1 Member Heckmann. Carried by the follow- ing vote: Yeas-Mayor Brady, Couoci1 Members Deich, Heckmann, Voetbet¡¡. Nays-None. Absenl--Council Members Kluesner, Nicholson, Pratt. An Ordinance Amending Code of Onli- nances by adopting a Conceptual Develop- ment Plan for the PR Planned Residential District at North Range Conrt. said Onli- nance having been presented and read at the Council Meeting of May 21, presented for final action.