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1981 January Council Proceedings INDEX -- BOOK 111 1981 SUBJECT Page Z Feb. 16--Zwack, Place re: approving plat .......................... 65 Apr. 20--Zoning Board of Adjustment Minutes ......... 141,156,303, 485,559 June 15--Zayre Snack Bar, Cigarette Permit ........................ 252 " 15--Zoning Ordinance, Amendments to same ........... ' ....... 254, 278 July 20--Zenner, Janice appointed to Hist. Preservation Comm ........ 301 Nov. 2--Zephyr Aluminum Products, Inc. re: authorized to construct awning at Walsh Stores ................................. 478 16--Zoning Map Amendments re: South Sector and Adjacent Pro- perties ........................................... 501,521,522 Dec. 21--Zoning change re: lot requirement for group homes etc ........ 546 Regular Session, January 5, 1981 1 CITY COUNCIL OFFICIAL Regular Session, January 5, 1981. Council met at 7:30 p.m. (C.S.T.) Present--Council Members Brady, Farrell, Felderman, King, Pratt, City Manager W. Kenneth Gearhart, Cor- poration Counsel R. N. Russo. Meeting was called to order by Retiring Mayor Farrell. Invocation was given by Rev. Ken- neth Hindman, Pastor, Westminster Presbyterian Church. Retiring Mayor Farre]l expressed her thanks to the City Staff for their assistance given to her during her tenure of Mayor during 1980. City Clerk requested nomlnation~ for appointment of Mayor. Council Member Felderman move( that D. Michael King be appointed Mayor for the City of Dubuque for the year 1981. Seconded by Council Member Pratt. No other nomlnatiom being made, vote on the motion was as follows: Yeas--Council Members Farrell Felderman, King, Pratt. Nays--Council Member Brady. The City Clerk administered the oath of office to Mayor D. Michael King who took his place in the Mayor's chair at the Council table. Council Member Pratt moved that John L. Felderman be elected to serve as Mayor Pro-Tern for the year 1981. Seconded by Council Member Farre]l. Carried by the fo]lowing vote: Yeas--Mayor King, Council Members Farre]l, Felderman, Pratt. Nays--Council Member Brady. The City Clerk administered the oath of office to Mayor Pro-Tern, John L. Felderman. RESOLUTION NO. 1-81 Providing for the appointment of a City Manager, City Clerk, Corporation Counsel, City Solicitor, and Assistent City Attorney, providing for their bonds and fixing their salaries. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the following officers be ap- pointed, subject however, to the right of the Council to declare such offices therefrom at the pleasure of the City Council with or without cause, and to be paid the compensation in the ap- proved budgets as provided therein and the City Manager provide a bond in the amount of $5,000, the City Clerk provide a bond in the amount of $5,000 and the City Corporation Counsel pro- vide a bond in the amount of $1,000. City Manager W. Kenneth Gearhart City Clerk M~ry A. Davis Corporation Counsel R.N. Russo City Solicitor Barry A. Lindahl Asst. City Attorney Wm. G. Blum Passed, adopted and approved this 5th day of January, 1981. D. Michael King Mayor Michael W. Pratt James E. Brady John L. Felderman Carolyn FarreH Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Brady. Carried by the fo]lowing vote: Yeas--Mayor Farrell, Council Members Brady, Felderman, King, Pratt. Nays--None. Mayor King administered the oath of office to W. Kenneth Gearhart as City Manager, R. N. Russo as Corpora- tion Counsel and Mary A. Davis as City Clerk. Council Member Farrell presented the evaluation report of the City Manager as completed by Council Members. Upon discussion, Council Member Felderman moved that the City Manager's salary be increased 11% retroactive to July 1, 1980 to July 1, 1981. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Members Farre]l, Felderman, Pratt. Nays--Council Member Brady. Council Member Felderman further- moved that effective July 1, 1981 the Manager's salary be increased 7%. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman. Pratt. Nays--Council Member Brady. RESOLUTION NO. 2-81 DESIGNATING THE OFFICIAL NEWSPAPER OF THE CITY OF DUBUQUE, IOWA ,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: 2 Regular Session, January 5,1981 That the "Telegraph Herald" a daily newspaper of general circulation, be appointed the official newspaper of the city of Dubuque, Iowa. Passed, adopted and approved tins 5th day of January, 1981. D. Michael King Mayor John L. Feinerman James E. Brady Michael W. Pratt Carolyn Farrell Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by NAME OF DEPOSITORY Amen Trst. & Svgs. Dubuque Bank & Trust First National Bank Key City Bank & Trust LOCATION Dubuque, Ia Dubuque, Ia Dubuque, Ia Dubuque, Ia The vote on the resolution is as follows: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Dated at Dubuque, Iowa, tins 5th day of January, 1981. SEAL: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Falderman, Pratt. Nays--None. Communication of City Manager submitting personal official bonds for City Manager, City Clerk, and City Treasurer, presented and read. Council Member Falderman moved ' that the communication be received and filed and filing approved. Second- ed by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Mayor King proclaimed January 15th as "Martin Luther King Day," and Ann Bodnar, as the recipient of the Proclamation, requested that the Council and everyone in the city join them on the walk and celebration that day. Mayor King proclaimed the month of January "Allen Address Report the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 3-81 BE IT RESOLVED by the City Coun~ cll of Dubuque, in Dubuque County, Iowa: That we do hereby designate the following named banks to be deposi- tories of the City of Dubuque funds in amounts not to exceed the amount named opposite each of said designated depositories and the City Treasurer is hereby authorized to deposit the City of Dubuque funds in amounts not to exceed in the ag- gregate the amounts named for said banks as follows, to-wit: Maximum Deposit Maximum eposit ineffect under I under this prlor resointion ~ resoluti_o_~ $20,00o,0o0.0o I $20,00o,0 )_._07 $15,000,000.00 I $15,000,000.?0 $I5,000,000.00 I $15,000,000.00 $10,000,000.00 Jt $10,000,000.00 Month." Proof of publication, certified to by the Publisher, of Notice of Public Hearing of intention to issue In* dustrial Development Revenue Bonds 8eries 1981 (Kivlahan Project) in amt. of $430,000, presented and read. There were no written objections received and no oral objectors present at the time set for the Hearing. Council Member Farrell moved that the proof of publication be received and filed. Seconded by Council Member Pratt, Carried by the follow* lng vote: Yeas--Mayor King, Council Mem- bers Brady, Fatten, Feinermnn, Pratt. Nays--None. Council Member Farrell moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Felderman. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Fslderm~m, Pratt. Nays--Nane. Attorney Leo McCarthy requested the Council to approve tho issuance of the bonds, and informed them that Dubuque Savings and Loan is to pur* chase the entire issue. RESOLUTION NO. 4-81 Resolution to Proceed with the Is- suance and Sale of Industrial Develop- ment Revenue Bonds, Series 1981 (Kiv]ahan Project) in an aggregate principal amount not to exceed $430,000. Regular Session, January 5, 1981 3 WHEREAS, the City of Dubuque, Iowa, in the County of Dubuque, State of Iowa (the "Issuer") is an incor- petered municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds and loan the proceeds from or a portion of the cost of acquit- ing and improving land, buildings and improvements suitable for use as residential facilities which the Issuer finds is consistent with the urban renewal plan adopted by the Issuer, pursuant to Chapter 403, Code of Iowa; and WHEREAS, the Issuer has been re- quested by Kivlahan & Sons Construc- tion Inc. (the "Company"), an Iowa corporation, to issue its industrial development revenue bonds to finance the Company's acquisition by con- struction or purchase of land, buildings, equipment and improve- ments suitable for use as a multi- family residential rental facility Ithe "Project") to be located within the Issuer, which will promote the welfare of the Issuer and its citizens; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Industrial Develop- ment Revenue Bonds, Series 1981 (Kivlahan Project) of the Issuer in an aggregate principal amount not to ex- ceed $430,000 (the "Bond") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the prin- cipal of and interest and redemption premium, if any, on the Bonds, as and when the same shall be due; and WHEREAS, notice of intention to issue the Bonds has, as directed by the City Council of the Issuer, been duly given in compliance with the Act; and WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice and all objec- tions or other comments relating to the issuance of the Bonds have been heard; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. It is hereby determined it is necessary and advisable that the Issuer proceed with the issuance and sale of the Bonds as authorized, and permitted by the Act to finance the cost of the Projec~ and such actions will be taken by the Issuer as may be required pursuant to the provisions of the Act to authorize, issue and sell the Bonds. Section 2. The Issuer will enter into all agreements necessary to be entered into by the Issuer in connection with the issuance and sale of the Bonds. The City Attorney shall approve all agreements to be entered into in con- nection with the issuance of the Bonds and such agreements shall be authoriz- ed and approved after due considera- tion by this council prior to their exe- curios by the Issuer. Section 3. The Mayor, the City Clerk and the C~ty Attorney are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Pro- ject and the issuance and sale of the Bonds. Section 4. All resolutions and parts thereof in eonffiet herewith are hereby repealed to the extent of such conflict. Section 5. This Resolution shall become effective immediately upon its passage and approval. Passed and approved this 5th day of January, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk (Seal) Council Member Farrell moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of Attorney Leo Mc- Carthy submitting Sanitary Sewer Easement Agreement granting Coati- Carriers & Terminals, Inc. the right to tap into the sanitary sewer at the rear of the Vallet property in Lot 3 Block 3 Riverfront Sub. No. 2 (Kerper Blvd.) and requesting approval so sewer work can be commenced, presented and read. Leo McCarthy requested to give preliminary approval for Mayor and Clerk to execute subject to ap- proval of Dock Commission. Council Member Fe]derman moved that the communication be referred to tho Manager and Dock Commission. Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--Council Member Felderman. 4 Regular Session, January 5, 1981 Council Member Pratt moved that the Mayor be authorized to sign if and when the Manager and Dock Commie- sion approve. Seconded by Council Member Farrell. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers FarreH, Felderman, Pratt. Nays--Council Member Brady. RESOLUTION NO. 5-81 BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa, that the following having complied with the previsions of law relating to the sale of Cigarettes within the city of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. William~los 304 Main St. MiNa Inc. 2620 University Ave. Passed, adopted and approved this 5th day of January, 1981. D. Michael King Mayor John L. Felderman Carolyn Farrell James E. Brady Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 6-81 WHEREAS, Applications for Li- quor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "C" {COMMERCIAL) BEER AND LIQUOR LICENSE T F M Co. i236 Iowa Street Pusateri Bros, Inc. 2400 Central Passed, adopted and approved this 5th day of January, 1981. D. Michael King Mayor Carolyn Farrell Michael W. Pratt John L. Felderman James E. Brady Council Members ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 7-81 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RE~ SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicante a Beer Permit. CLASS "C" BEER PERMIT Robert W. Wagner 2600 Dodge (Also Sunday Sales) Passed, adopted and approved this 5th day of January, 1981. D. Michael King Mayor Carolyn Farreli John L. Felderman Michael W. Pratt James E. Brady Council Members ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. MINUTES SUBMITTED: Airport Commission of 12-16; Civil Service Commission of 11-25; Community Development Commission of 12-9; Regular Session, January 5, 1981 Five Flags Commission of 12-15; Housing Com~nlssion of 12-16; Park Board of 11-14 & 12-19; Planning and Zoning of 12-3; presented and read. Council Member Felderman movel that the minutes be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Proof of publication, certified to by the Publisher, of Expenditures Receipts and List of Claims for month of November, 1980, presented and read. Council Member Felderman moved that the proof of publication be receiv- ed and filed. Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Refunds Requested--Saily Roy, $50.00 on unexpired Cigarette License; Barney Willenborg, $50.00 on unex- pired Cigarette License, presented and read. Council Member Felderman moved that the requests be granted and City Auditor directed to issue proper checks. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Notices of Claims: Michael Kenney, in amount of $119.70 for backed-up sewer damages; Elizabeth Uhirich, in amount of $3,600 for personal injuries due to fall on icy sidewalk; presented and read, Council Member Felderman moved that the claims and suits be referred to Corporation Counsel for investigation and report. Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of Cedar Rapids Television Co. submitting copy of Op- position to Petition for reconsideration in matter of petition of KDUB-TV Inc. for Special Relief before F.C.C., presented and read. Council Member Felderman moved that the communication be referred to the Cable Commission. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Communication of Finance Director submitting Annual Financial Report for year ending June 30, 1980, presented and read. Council Member Felderman moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Felderman, Pratt. Nays--None. There being no further business, Council Member Felderman moved to adjourn. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Mary A. Davis City Clerk Approved 1981 Adopted 1981 Council Members ATTEST: City Clerk Special Session, January 19, 1981 CITY COUNCIL OFFICIAL Special Session, January 19, 1981. Council met at 7:30 p.m. (C.S.T.) Present--Mayor King, Council Members Brady, Farrell, Pratt. City Manager W. Kenneth Gearhart, Cor- poration Counsel R. N. Russo. Absent--Councri Member Felder- Mayor King read the cali and stated that service thereof had been duly made and this Meeting is called for the purpose to consider an Ordinance revising and re-enacting a Plumbing Code for the City of Dubuque, pro- viding for issuance of permits and col- laction of Zees, etc., and acting upon such other business which may proper- ly come before the Council. Invocation was given by Rev. Robert Caldwell of Summit Congrega- tional Church. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to consider a project for the purchase of 2 buses for Keyline, under Federal Capital Assistance with UMTA, presented and read. No writ- ten objection were filed and no oral ob- jectors were present in the Council Chamber at the time set for the Hear- ing. Council Member Farrell moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor I~ing, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Proof of Publication, certified to by the Publisher, of Notice of Public Hearing to consider an Ordinance to revise the title of Chapter 22 of the Code of Ordinances to read "Second- hand Dealers, Pawnbrokers and Junk Dealers" presented and read. No writ- ten objection were fried at the time set for the Hearing. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member Farreli. Carried by the follow- lng vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Communication of City Manager submitting additional information on proposed Ordinance pertaining to Secondhand Dealers, Junk Dealers, and Pawnbrokers, presented and read. Council Member Pratt moved that communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreli, Pratt. Nays--Councri Member Brady. Absent--Council Member Felder- An Ordinance Amending Code of Or- dinances by repealing certain sections and enacting new Sections in lieu thereof to provide for the revising of the title of Chapter 22 to read "Second- hand Dealers, Pawnbrokers and Junk Dealers"; to provide new definitions; to clarify report requirements; to pro- vide for a definition of the transactions and types of goods and materials re- quiring notice thereof, said Ordinance presented and read at the Council Meetings of December 8 and Decem- ber 22, 1980, presented for final adop-- tion, Council Member Pratt moved to sus- pend the rules to let anyone present address the Couneri if they ~o desire. Seconded by Council Member Parroil, Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Councri Member Felder- Mr. Russel Neuwoehner, 718 Dubu- que Bldg., Attorney for two coin dealers, expressed concern of coin col- lector's classification with junk dealers and thought definitions vague. Jim Neslar, 1845 S. Grandview, welcomed proposed Ordinance and stated that his business (Neslar Jewelry) had been keeping records of transactions for years and everyone should be required to do the same. L. H. Rogers, 2333 Rockingbem Rd., Davenport, concerned about the Dubuque Alter Co., though sharing concern of stopping increasing burlaries, expressed reluctance at creased recordkeeping for his business. Don Holz of 2925 Van Buren, ques- tioned if out-of-town dealers are sub- ject to law? Council Member Brady moved that the Ordinance be tabled and referred to a Committee of Chief O'Brien, Corp. Counsel, Bob Nageste, and Russel Special Session, January 19, 1981 Neuwoehner, for further review and clarification. Seconded by Councri Member Pratt. Vote on the motion was as follows: Yeas--Council Members Brady, Pratt. Nays--Mayor King, Council Mem- ber Farrell. Absent--Council Member Felder- MOTION FAILED. Council Member Brady moved that two citizens be appointed to the Com- mittee at the Mayor's discretion. MOTION FAILED FOR LACK OF A SECOND. Council Member Farrell moved that the Ordinance be referred to the Police Chief, City Manager, Corporation Counsel with input from Community Resource people, and return Ordinance at a later meeting. Seconded by Coun- cil Member Farreli. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreli, Pratt. Nays--Council Member Brady. Absent--Council Member Felder- Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Necessity for public im- provements, etc. for construction of Water Supply Well No. 10, presented and read. Council Member Farrell moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- (Necessity for Improvements) RESOLUTION NO. 350-80 WHEREAS, proposed plans, specifications, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: 1) The plan of such improvement 2) An estimate of the cost of the improvement for the Water Supply Well No. 10 BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideration of this proposed resolution have on file with the City Clerk, objec- tions to the proposed plans, specifica- tions, contract or estimated cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the Water Depreciation Fund. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 8th day of December, 1980. RECORD OF FINAL ADOPTION The foregoing Resolution was finally passed and adopted, as proposed by the City Council this 19th day of January, 1981. D. Michael King Mayor Michael W. Pratt James E. Brady Carolyn Farreri Council Members ATTEST: Mary A. Davis City Clerk Council Member Farrell moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Decision of Council upon objections to plans, specifications, form of con- tract and cost of improvements. RESOLUTION NO. 8-81 WHEREAS, proposed plans and specifications and form of contract for the Construction of Water Supply Well No. 10 have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 384 of the Code of Iowa, 1979, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 19th day of January, 1981; and WHEREAS, the City Council met in special session this 19th day of 8 Special Session, January 19, 1981 January. 1981, at 7:30 o'ctock p.m. at the Council Chambers in the City Hall for the purpose of hearing all in- terested parties and considering any and all objections which have been filed to the proposed plans, specifica- tions or contract for or cost of the im- provement herein described and pro- posed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improve- ment herein described and proposed to be made, be and the same hereby over- ruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objec- tions which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 19th day of January, 1981. D. Michael King Mayor Michael W. Pratt James E, Brady Carolyn Farrell Council Members ATTEST: Mary A. Davis City Clerk Council Member Farrell moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Folder- (Ordering Construction) RESOLUTION NO. 9-81 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 350-80 which was duly passed by this Council for the Con- struction of Watter Supply Well No. 10 be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. Alt the work shall be constructed in accor- dance with the plans and specifica- tions heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the Water Depreciation Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 19th day of January, 1981. D. Michael King Mayor Michael W. Pratt Carolyn Farrefi James E. Brady Council Members ATTEST: Mary A. Davis City Clerk Council Member Farrell moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Proof of publication, certified to by the Publisher, of Notice to Contractors of the Receipt of Proposals for Con- struction of Water Supply Well No. 10, presented and read. Council Member Farrell moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the follow- lng vote: Yeas--Mayor King, Council Mem- bets Brady, Farreli, Pratt. Nays--None. Absent--Council Member Felder- Communication of City Manager recommending awarding of contract to Varner Well Pump Company for con- struction of Water Supply Well No. 10, presented and read. Council Member Farreli moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bors Brady, Farreil, Pratt. Special Session, January 19, 1981 Nays--None. Absent--Councfi Member Felder- man. (Awarding Contract) RESOLUTION NO. 10-81 WHEREAS, sealed proposals have been submitted by contractors for the Construction of Water Supply Well No. 10 pursuant to Resolution No. 351-80 and notice to bidders published in a newspaper published in said City on December 30, 1980; and WHEREAS, said sealed proposals were opened and read on January 13, 1981, and it has been determined that the bid of Varner Well Pump Company of Dubuque, Iowa in the amount of $78,621.50 was the lowest bid for the fllrnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be awarded to Varner Well Pump Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for tho complete perfor- mance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 19th day of January, 1981. D. Michael King Mayor Michael W. Pratt James E. Brady Carolyn Farreli Council Members ATTEST: Mary A. Davis City Clerk Council Member Farrell moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- man. Communication of P & Z recommen~ ding rezoning of Block 1, 2 and 3-- Jeager Heights Subd. No. 2 North of Jeagnr Dr. and west of Rockdale Road from R-1 Interim Residential District to R-2 Single Family Residential as re- quested by Louis Jaeger and Thomas Francois, presented and read. Council Member Farreil moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Pratt. Nays--None. Absent--Council Member Felder- AN ORDINANCE Amending Code of Ordinances by reclassifying Block 1, 2 and 3 in "Jaeger Heights Subdivi- sion No. 2" from R-1 Interim Residen- tial Zoning District CIassificatinn to R-2 Single Family Residential District Classification, presented and read. Council Member FarreH moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Council Member FarreH moved that the rule requiring an Ordinance to be received and filed at two meetings )flor to the meeting when final action is taken, be dispensed with. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Pratt. Nays--None. Absent--Council Member Felder- Council Member Farreli moved that a Public Hearing be held on the Or- dinance on February 16, 1981, at 7:30 p.m. in the Council Chamber at the City Hall and that the City Clerk be in- structed to publish notice of the Hear- ing in the manner required by law. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Communication of City Manager submitting procedures for the demoli- tion of the Trenkle Building, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: 10 Special Session, January 19,1981 Yeas--Mayor King~ Council Mem- bers Brady~ Farrell, Pratt. Nays--None. Absent--Council Member Felder- man. (Preliminary Approval of Plans, Etc.) RESOLUTION NO. 11-81 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the proposed plans, specs, etc. and all other documents, including preliminary estimate, including all items of material and work required for the Demolition of Trenkle Building, 1225 Central Avenue, with probable cost of this improvement in the estimated amount of $32,000.00, be approved and ordered fried in the of- lice of City Clerk for public inspection, and are to be considered part of this resolution. Passed. adopted and approved this 19th day of January, 1981. D. Michael King Mayor Carolyn Farrell James E. Brady Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Farrefi moved edoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- INecessity for Improvements) RESOLUTION NO. 12-81 WHEREAS, proposed plans, specifications, and form of contract have been duly prepared and approved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among ether things the following: 1) The plan of such improvement 2) An estimate of the cost of the improvement for the Demolition of the Trenkle Building, 1225 Central Avenue. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideratlon of this proposed resolution have on file with the City Clerk, objec- tions to the proposed plans, specifica- tions, contract or estimated cost of the nnprovement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Court- cil and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid ;from the General Fund. The above resolution was introduc- ed, approved and ordered placed on file with the City Clerk this 19th day of January, 1981. Approved and placed on file for final action. D. Michael King Mayor James E. Brady Carolyn Farrell Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Farreli moved ap- provai of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- (Fixing Date of Hearing) RESOLUTION NO. 13-81 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of con- tract and placed same on file in the office of the City Clerk for public in- spection for the Demolition of the Trenkle Building, 1225 Central Avenue, NOW THEREFORE, BE IT RESOLVED THAT on the 16th day of February, 1981, a public hearing will be held at 7:30 p.m. in the Council Chambers of the City of Dubuque at City Hall at which time the objector~ for the proposed improvement may ap- ~ear and make objection to the propos- ed plans and specificaU~ons, form of contract and cost of said improve- ment, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be mbllshed in some newspaper publish- ed in the City of Dubuque, Iowa, which shah not be less than four days nor more than twenty days prior to the Special Session, January 19,1981 11 day fixed for its consideration, and the City Clerk be and is hereby directed to have published the notice of pendency for said improvement, and the City Clerk is hereby directed to advertise for proposals to the contractors for the construction of the above-mentioned improvement. Passed, approved and adopted this 19th day of January, 1981. D. Michael King Mayor Michael W. Pratt James E. Brady Carolyn Farrell Council Members ATTEST: Mary A. Davis City Clerk Council Member Farrell moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- (Ordering Construction) RESOLUTION NO. 14-81 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 12-81 which was duly passed by this Council for the Demoli- tion of the Trenkle Building, 1225 Cen- tral Avenue be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of proper- ty owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the General Fund BE IT FURTHER RESOLVED that the City Clerk be and is hereby ordered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner provided by law. BE IT FURTHER RESOLVED. that this resolution being deemed urgent and of immediate necessity shall be in force and eIfect from and after its passage and adoption by the City Council. Passed, adopted, and approved this 19th day of January, 1981, D. Michael King Mayor James E. Brady Carolyn Farreli Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Farrell moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Petition of John W. Moore re- questing to address the Council to make formal complaint against the Human Rights Commission, presented and read. Mr. Moore spoke to the petition elaborating on the various injustices he felt were tendered from Lorus Col- lege, Clarke College, Legal Services Corp., and the Human Rights Commis- sion, stressing various remedies to the situation. Council Member Pratt moved that the petition and complaints of Mr. Moore be referred to the Human Rights Director and Corporation Counsel to return for comments at next Council Meeting (2-2-81). Second- ed by Council Member Farreil. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Pratt. Nays--None. Absent--Council Member Felder- Communication of City Manager submitting Resolution endorsing the newly formed Dubuque Crime Preven- tion Coalition, Inc., presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreli, Pratt. Nays--Council Member Brady. Absent--Council Member FCIder- RESOLUTION NO. 15-81 ENDORSING DUBUQUE CRIME PREVENTION COALITION~ INC. WHEREAS, more than in any other 12 Special Session, Janum'y 19, 1981 country, the United States of America is founded upon law and order; and WHEREAS, respect for the law grows when people are confident that it will remain a true champion of basic liberties; and WHEREAS, the rule of law protects individual rights and defines in- dlvidual responsibility; and WHEREAS, the citizens of the City of Dubuque wish to form a Crime Prevention Coalition to encourage peo- ple to consider their individual respon- sibility with respect to law and order; NOW THEREFORE, be it resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the City Council of the City of Dubuque endorses the Dubuque Crime Prevention Coalition, Inc. and supports its undertakings. Passed, approved and adopted this 19th day of January, 1981. D. Michael King Mayor Michael W. Pratt Carolyn Farreli Council Members ATTEST: Mary A. Davis City Clerk Council Member Farrell moved adoption of the Resolution. Seconded by Council Momber Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Pratt. Nays--Council Member Brady. Absent--Council Member Felder- Communication of City Manager recommending adoption of Plumbing Code as presented, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farreli, Pratt. Nays--None. Absent--Council Member Felde~ Communication of Wm. Herrig and Dale Bird requesting Council recon- sideration before final adoption of the Plumbing Code, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Wm. Herrig spoke to the com- munication, requesting that the Coun- cil adopt instead the Uniform Plumb- ing Code. Mr. Ken Lange, President of In- dependent Home Builders Association recommended adopting the Ordinance as presented. Wayne Manternach, 4001 Peru Road, and Lloyd Gudenkauf, Jaeger Dr., both stated they are in favor of adoption of the Code as presented. ORDINANCE NO. 1-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, AMENDING CHAPTER 30 OF THE CODE OF OR- DINANCE BY REPEALING SUCH CHAPTER AND ENACTING A NEW CHAPTER 30 IN LIEU THEREOF PERTAINING TO REVISING AND RE-ENACTING A PLUMBING CODE FOR THE CITY OF DUBUQUE, IOWA, REGULATING THE ERECTION, INSTALLATION, ALTERATION, REPAIRS, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF PLUMBING EQUIPMENT AND SYSTEMS WITHIN THE JURISDICTIONAL LIMITS OF THE CITY OF DUBUQUE, IOWA; PROVIDING FOR. THE ISSUANCE OF PERMITS AND COLLECTION OF FEES PROVIDING FOR THE LICENSING OF PLUMBING CON- TRACTORS AND JOURNEYMEN AND PROVIDING FOR PENAL- TIES FOR VIOLATION OF SAID ORDINANCE, said Ordinance having been presented at the Meeting of December 8, 1980, presented for final adoption. ORDINANCE NO. 1-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, AMENDING CHAPTER 30 OF THE CODE OF OR- DINANCES BY REPEALING SUCH CHAPTER AND ENACTING, A NEW CHAPTER 30 IN LIEU /THEREOF PERTAINING TO REVISING AND RE-ENACTING A PLUMBING CODE FOR THE CITY OF DUBUQUE, IOWA, REGULATING THE ERECTION, INSTALLATION, ALTERATION, REPAIRS, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF Special Session, January 19, 1981 PLUMBING EQUIMENT AND SYSTEMS WITHIN THE JURIS- DICTIONAL LIMITS OF THE CITY OF DUBUQUE, IOWA; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES PRO- VIDING FOR THE LICENSING OF PLUMBING CONTRACTORS AND JOURNEYMEN FOR VIOLATION OF SAID ORDINANCE. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 30-1 of the Code of Ordinances of the City of Dubuque, Iowa, be amended by repeal- lng Section 30-1 and enacting a new Section 30-1 in lieu thereof as follows: Section 30-1. International Con- ference of Building Officials (ICBO) -Plumbing Code - Adopted. Except as hereinafter added, deleted, modified or amended, there is hereby adopted as the Plumbing Code of the City of Dubuque, Iowa, that certain Plumbing Code known as the ICBO Plumbing Code, 1979 Edition, in- eluding all Appendlees, all Installation Standards and all Drawings of Typical Installations as prepared and edited by the International Conference of Building Officials of Whittier, Califo~ nia and the provisions of such Plumb- ing Code shall be controlling for the erection, installation, alteration, repairs, relocatio~ replacement, addi- tion to, use or maintenance of plumb- ing equipment and systems and in all matters covered by such Plumbing Code within the jurisdletional limits of the City of Dubuque, Iowa, and shall be known as the Dubuque Plumbing Code. Section 2. That Section 30-2 of the Code of Ordinances of the City of Dubuque, Iowa be amended by repeal- ing Section 30~2 and enacting a new Section 30-2 in lieu thereof as follows: Section 30-2. ICBO Plumbing Code - Amendments. The Code adopted by Section 30-1 of this Chapter is hereby amended as pro- vided in this Section. Section 203. Board of Appeals is hereby amended by repealing such See- tion and replacing such Section with a new Section in lieu thereof as follows: Section 203. Plumbing Code Board Section 203. la) Board Established In order to determine the suitability of alternative materials and methods of installation; to provide for reason- able interpretations of the Plumbing 13 Code; to serve as an appeal body for the decisions of the Building Official' to advise the City Council on all plum- bing regulations and procedures; and to pro vide for examining applicants for Master Plumbers and Journeymen plumbers license and issuing Master Plumbers and Journeymen plumbers licenses; there is hereby created the Plumbing Code Board. Section 203. (b) Membership The Plumbing Code Board shall con- sist of five (5) members appointed by the City Council One member shall hold a license as journeyman plumber of at least five (5) years experience, two (2) members shall be master plumbers who have engaged in the plumbing business as master plumbers for at least five (5) years in this city, the ~ourth member shall be one who holds a Bachelor of Science degree in the area of Physical Sciences, and the fifth member shall represent the general ~ublic at large. Section 203. (c) Term of Office The term of office of all Board members shall be three (3) years. Sectibn 203. (d) Rules 8nd Regula- tions The Board shall make such rules and prescribe such procedures as may be reasonably necessary for its operation, except that such rules shall include the following: L Board Chairperson The Chairperson of the Board shall be a member of the Board elected an- nually by a majority of the Board. 2. Secretary of the Board The Chief Plumbing Inspector, or his 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 clerical work as the Board may direct. 3. Quorum Three (3) members shall constitute a quorum. The concurring vote of three (3) members of the Board shall be 4. Upon completion of the term of office, members of the Plumbing Code Board shall continue to serve in their full capacity until their successor has been duly appointed. 5. The Plumbing Code Board shall meet at least once every three (3) months upon call of the Chairperson, Secretary or City Manager. Members of the Plumbing Code Board shall at- tend at least two-thirds of all schedul- ed meetings within a twelve (12) month 14 Special Session, January 19, 1981 period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the Board to recommend to the City Council that said member be replaced. 6. The attendance of all members shall be entered on the minutes by the Secretory. 7. All meetings shall be held in con- formance with provisions of the Iowa Open Meetings Law. 8. The Plumbing Code Board shall file with the City Council a copy of the minutes of each meeting of the Board within ten (10) working days after such meeting. 9. All administrative, personne~ ac- counting, budgetary, and procedural policies of the City shall govern the Plumbing Code Board in all of its operations. 10. Duties When Serving As An Appeals Board Any person who is aggrieved by a decision of a Building Official on any requirements resulting from the en- forcement of the Plumbing Code, may appeal from such decision to the Plum. bing Board and said Board shall serve as an AppeaI Board. In case the agriev- ed party is a member of said Board, said member shall be disqualified as a member of the Board acting as an Ap- peal Board, until the person aggrieved has been heard and a decision rendered. The appeal shall be made by the pe~ son aggrieved, giving written notice of such appeal to the Building Official at his office within seven (7) days of receipt of the decision frorn~ which the appeal is taken. The Plumbing Code Board sitting as an Appeal Board shall meet within seven (7) days after reeeiv- ing such notice and shall render a deci- sion within five (5) days thereafter. Any interested party, including the Building Officia~ shall have the right to present their case to the Appeal Board, whose decision shall be final unless appealed to the District court as provided by law. The Board of Appeals may reverse or modify a decision of the Building Official only on finding that: v~ the building offieial had incorrect- ly interpreted the provision of this Code; b. the decision of the building of- ficial creates an unnecessary hardship upon the appellant. In so modifying or reversing such decision of the Building Officia~ the Board of Appeals may ahthorize any alternate to the decision of the Building Official and the provisions, provided it finds the proposed material or method of construction is satisfac- tory for the use intended and complies with the provisions of this code, and that the materia~ method or work of- fered is, for the purpose intended, at least equivalent to that prescribed by this code in suitability, strength, effec- tiveness, durability, safety and sanito- The Board of Appeals shall require that sufficient evidence or proof be submitted to substantiate any claims made regarding the use of alternates. Section 204. Violations is hereby amended by repealing such Section and replacing such Section with a new Section in lieu thereof as follows: Section 204. Violations and Penalties It shall be unlawful for any person, firm or corporation within tha jurisdie- tional limits of the City of Dubuque to erecg cause or continue any attractive, common or public nuisance declared by any provision of the Code or O~ dinance or any Code or Ordinance herein adopted by reference; or to erect, construct, enlarge, alter, repair, move, improve, converg demolish, equip, use, or maintain any plumbing system or equipmeng' or cause or pe~ mit the same to be done; contrary to or in violation of any of the provisions of this Code or any Code or Ordinance herein adopted by reference; or to fail or neglect by omission to comply with any of the provisions of this Code or Ordinance or any Code or Ordinance herein adopted by reference. The doing of any ecg or the omission of any ecg declared to be unlawful by this Code or Ordinance or any Code or Ordinance herein adopted by reference is declared to be a misdemeanor, and each said act shall be deemed a separate offense for each and every day or portion thereof during which such unlawful act is con- tinued or permitted and upon convic. tion shall be punishable by a fine in a sum not exceeding one hundred dollars ($100.00) or by imprisonment not to ex- ceed thirty (30) days or by both such fine and imprisonmen~ The penalty herein provided shall be cumulative with and in addition to the re~ocation, cancellation or forfeiture of an~ license or permit elsewhere in this Cod~ or O~ dinance provided for violation thereof. Section 301. (b) Exempt Work il hereby amended by repealing such Sec~ tion and replacing such Section with a new Section in lieu thereof as follows: Section 301. (b) Exempt Work A Plumbing permit will not be re- quired for the following: Special Session, January 19, 1981 15 1. The repairing of leaks in drainer, soil, waste or vent pipe, except for building water service or building 2. The clearing of stoppages or the replacement of pipes, valves or fixtures provided such replacement does not in- volve or require the rearrangement or relocation of valves, pipes or fixtures. Only Code approved fixtures and/or materials shall be used. Exemption from the permit re- quirements of the Code shall not be deemed to grant authorization for any work to be done in violation of the pro- visions of this Code or any other laws or ordinances of this jurisdiction. Section 302. (a) Application for Per- mit is hereby amended by repealing such Section with a new Section in lieu thereof as follows: Section 302. (a) Application for Per- mit To obtain a permit the applicant must be a Master Plumber licensed by the City of Dubuque except as provided by Section 3A02 of this Code. The appli- cant shall first file an application therefor in writing on a form furnished by the Code Enforcement Agency for that purpose. Every such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use or occupancy for which the proposed work is intende~L 4. Be accompanied by plans, diagrams, computations and specifica, tions and other data as required in Subsection (b) of this Section. 5. Be signed by permittee or his authorized agent, who may be required to submit evidence to indicate such authority. 6. Give suchotherdataandinforma- tio~ as may be required by the building official. Section 1005. Building Sewers is hereby amended by repealing such Sec- tion and replacing such Section with a new section in lieu thereof as follows: Section 1005. Building Sewers The building sewer shall be in- speeted and approved by the Plumbing inspector before being concealed. Neither the Building Official nor the City shall be liable for expense entailed in the removal or replacement of material required to permit inspection. Section 1007. Gas-Piping Systems is hereby amended by repealing such See- tion and replacing such Section with a new Section in lieu thereof as follows: Section 1007. Gas-Piping Systems. After all fuel-gas piping has been in- stalled and before any fixtures, ap- pliances or shutoff valves have been at- tached thereto, fuel-gas piping systems shall be ai~pressure tested. For other than welded piping and for pipe carrying gas at pressures not more than 14 inches of water column pressure (~ pound per square inch), the air test shall be made by pressuriz- ing the system to a uniform gauge pressure of 10 pounds per square inch or sufficient to balance a column of mercury 20 inches in height. At the discretion of the building officia~ the system may be tested at a gauge pressure of 3 pounds per square inch or sufficient to balance a column of me~ cury 6 inches in height. Test pressures shall be maintained for a time as deter mined by the building official, but in no case for a period of less than 15 minutes, with no perceptible drop in pressure. For welded pipe and for pipe carrying gas at pressures in excess of 14 inches of water column pressure, the test pressure shall be maintained for a time as determined by the building of- ficial, but in no ease for a period of less than 30 minutes, with no perceptible drop in pressure. Pressure testing of fuel-gas piping systems shall be made using air pressure only and shall be made in the presence of the building of- ficiaL Pressure shall be measured with a mercury manometer or slope gauge, or an equivalent device so calibrated as to be read in increments of not greater than one-tenth pound. The source of pressure shall be isolated before the pressure tests are made. In cases where the work authorized by the permit consists of a minor in- stallation of additional piping to piping already connected to a gas meter, the foregoing inspections may be waived at the discretion of the building official In this event, the building official shall make such in- spections as he deems advisable in order to assure that the work has been performed in accordance with the in- tent of the code. EXCEPTION: Gas piping installed by people certified competent under the provisions of the Mechanical Code (known as Chapter19 of the Code of O~ dinances of tha City of Dubuque, Iowa) for the installation of gas piping need 16 Special Session, January 19, 1981 for testing of said piping, provided that an affidavit, in the form furnished by the Building Officia~ shall be executed and submitted to the Building Official prior to unlocking of the gas meter Section 1401 is hereby amended by repealing Section 1401.(a), Section 1401.(b), and Section 1401.(c) and by replacing such sections with new sec- tions as follows: Section 1401.(a) Aboveground Within Building. Soil and waste piping aboveground within buildings shall be of brass pipe, copper pipe, copper tube Type L or Type K, cast-iron soil pipe, galvanized steel pipe, lead pipe, ABS or PVC- D WV Schedule 40 plastic pipe. Section 1401.(b) Underground Building Drains. All underground building drains shall be castdron soil pipe, tempered copper tube Type L or Type If, ABS or PVC-DWV Schedule 40 plastic pipe, extra-strength vitrified clay pipe with compression joints or couplings, pro- riding that it is installed with a minimum earth cover of 12 inches. Section 1401.(c) Building Sewer. The building sewer piping material shall be of either cast-iron soil pipe or vitrified clay pipe. Joints shall be water tight and root proof If the building sewer is installed in the same trench as the water service, the condi- tions in Section 1603 shall also be met. Section 1501.(a) and Section 1501.(b) are hereby amended by repealing such sections and replacing such sections with new sections in lieu thereof as follows: Section 150L(a) Aboveground. Vent piping above ground in buildings shall be of brass pipe, copper pipe, copper tube Type L or Type K, cast-iron soil pipe, galvanized steel pipe, lead pipe, or ABS or PVC~DWV Schedule 40 plastic pipe. Section 1501.(b) Underground. All underground vent piping shall be east-iron soil pipe, copper tube Type L or Type K, ABS or PVC-DWV Schedule 40 plastic pipe or extra- strength vitrified clay pipe with eom- pression joints or couplings, provided that it is installed with a minimum earth cover of 12 inches. Section 1601.(c) Service Pipe and Section 1601.(d) Distribution Pipe System are hereby amended by repeab lng such Sections and replacing such Sections with new Sections in lieu thereof as follows: Section 1601.(c) Service Pipe. Water service pipe to point of en- trance to the building shall be made of Type K copper tube or cast-iron water pipe. Section 1601.(d) Distribution Pipe System. Water distribution system pipe and fittings shall be of brass pipe, copper tube or copper pipe, galvanized wrought iron pipe, galvanized open- hearth pipe, galvanized steel pipe or approved plastic pipe. Copper tube shall be Type L or Type K. Section 3. That Section 30-3 of the Code of Ordinances of the City of Dubuque, Iowa, be amended by repeal- ing Section 30~ and enacting a new Section 303 in lieu thereof as follows: Section 30-3. ICBO Plumbing Code - Plumbing Permit Fees The Code adopted by Section 30-1 of this Chapter is hereby further amend- ed as provided in this Section. Table No. 3-A- Plumbing Permit Fees is hereby amended by repealing such Table and replacing such Table with a new Table in lieu thereof as follows: TABLE NUMBER 3-A PLUMBING PERMIT FEES PERMIT ISSUANCE 1. For issuing each permit . . 2. For issuing each supplement to a permit ..................... 3.00 UNIT FEE SCHEDULE (In Addition to Item 1 or 2 Above) 1. For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping, venting, and backflow protection therefor) ................... 3.00 2. For installing, repairing or replac- lng each building, trailer, or mobile home sanitary or storm sewer ......................... A. From City main to the prope~ ty line .................. 5.00 B. From the property line to~ the building, trailer or mobile home ................... 3. For each drain opening in a build- ing, trailer or mobile home storm drain ...................... 5. 00 4. For each cesspool- CESSPOOLS ARE NOT PERMITTED ...... 5. For each building, trailer or mobile home sanitary or storm sewer from a private disposal sys- tern to a building, trailer or mobile home ..................... 15.00 6. For each water heater (with or without vent) ............... 4.50 Special Session, January 19, 1981 17 7. For each industrial or commercial waste pretreatment interceptor including its trap and vent, ex- cepting kitchen type grease inte~ ceptors functioning as fixture traps ...................... 5.00 8. For installation, alteration or re- pair of water piping and/or water' treating equipment, except build- ing, trailer, or mobile home water service, each ............... 5.00 9. For repair or alteration of drainage or vent piping, each fix- ture ....................... 5.00 10. For each lawn sprinkler system or any one meter including back- flow protection devices there- for ......................... 5.00 11. For atmospheric-type vacuum breakers not included in Items 2 or 10 .......................... A. lto5 ................... 5.00 B. Over5each ............. 1.00 12. For each baekflow protective device other than atmospheric- type vacuum breakers ....... 5.00 13. For each gas piping system of one to four outlets .......... 2.00 14. For each gas piping system of five or more outlets, per outlet..50 15. For each building, trailer or mobile home water service instal- led, replaced or repaired ......... A. From water main to property line .................... 5.00 B. From property line to building, trailer or mobile home .... 5.00 C. From private line to building, trailer or mobile home .... 5.00 16. For each private community water supply main and branches except building, trailer or mobile home service piping, per each 100 lineal feet and fraction thereof5.00 17. For each private community sanitary or storm sewer main and contributory branches, except building, trailer or mobile home sewers, per 100 lineal feet of sewer main and branches .......... 5.00 OTHER INSPECTIONS L Inspections outside of normal business hours (minimum charge two hours) per hour ........ 15.00 2. Reinspection fee assessed under provisions of Section 305(19 per hour ...................... 15.00 3. Inspection for which no fee is specifically indicated (minimum charge one-half hoar) per hour .... .......................... 15.00 4. Additional plan review required by changes, additions or revlelohs to previously approved plans (minimum charge one-half hour) per hour .................. 15.00 Section 4. That Section 3~4 of the Code of Ordinances of the City of Dubuque, Iowa be amended by repeal- lng Section 30-4 and enacting a new Section $0.4 in lleu thereof as follows: Section 394. Master Plumbers and Journeymen Plumbers Licensing and Examinations. The Code adopted by Section 30-1 of this Chapter is hereby further amend- ed by adding a new Cilapter 3A entitl- ed "Master Plumbers and Journeymen Plumbers Licensing and Examine~ CHAPTER 3A MASTER PLUMBERS AND JOURNEYMEN PLUMBERS LICENSING AND EXAMINATIONS Section 3A01. Definitions. As used in this Chapter, the follow- ing terms shall have the meanings in- dicated: Apprentice shall mean any person who does not hold a license as a journeyman plumber or master ~lumber and is assisting in the in- stallatio~ alteration or repair of plum- bing equipment and systems. Master Plumber shall mean a person a) engaged in the business of erecting, installing, altering, repairing, relocat- lng, replacing, adding to or maintain- ing any plumbing equipment or systems, b) skilled in the planning, supervising and practical installation of plumbing equipment and systems, c/ familiar with the Codes, rules and regu~tions governing the installation of plumbing equipment or systems in the City of Dubuque; and d) licensed under the provisions of this Chapter. Section 3A02. Master Plumber's License Required Except for the specific exemption provided by Section 3A04 of this Chapter, no person shall engage in the business of erecting, installing, altor~ tng, repairing, relocating, replacing, adding to or maintaining any plumb- ~ng equipment or systems within the Jurisdiction of the City of Dubuque without first obtaining a Master Plumber's License. Section 3A03. Employment of Licensed Plumbers Required. Master plumbers shall not employ any person to insta~ alter, repair, replace, remode~ add to or maintain any plumbing equipment or system unless such person is a licensed master ~lamber, licensed journeyman plumber, ~r registored apprentice. 18 Special Session, January 19, 1981 Section 3A04. Owner-Occupant Exemption. The owne~occupant of a single fami- ly dwelling, who resides, or will reside in that single family dwelling with no other person than the members of the immediate family, may personally pe~ form plumbing work within that building (excluding the building sewer and water service pipe), without ob- raining a Master Plumber's or Journeyman's License, provided that the owne~occupant shall first apply for and obtain a permit from the Building Official for such act required by this Code and have all such work in- spected and approved by the Building Official and conform with all other ap- plloable requirements. No person quail- lying for the owne~occupant exemp- tion shall be eligible for a subsequent exemption on any other structure for seven (7) years. Section 3A05. Qualifications - Master Plumbers A master plumber shall have a general practical knowledge of the pu~ pose and method of the construction of plumbing work, be competent to plan and supervise the installation of plato- bing and shall be required to have some knowledge of mechanical draw- ing and pass a satisfactory examina- tion showing he has the above qualifications and is entitled to a license as a mastor plumben Section 3A06. Qualifications- Jour- neyman Plumbers A journeyman plumber must be able to read blueprints, do simple mathematical problems, and must know the city plumbing ordinances and the rules and regulations of the local or state boards of health govern- ing plumbing. He shall pass a satisfac- tory examination showing that he has the above qualifications and is capable of performing practical plumbing and is entitled to a license as a journeyman plumber. Section 3A07. Apprentices to be Registered, Fee; Employment of Unregistered Apprentices Prohibited. 'No master plumber shall hire or employ or have in his employ, any ap- prentice to perform any plumbing work unless the apprentice is actually in the presence of and with a licensed plumber. Every person who desires to perform the work of an apprentice plumber shall register their name as an apprentice with the plumbing board at the time of entering on such employ- ment, and on or before the first day of February of each year thereafter so long as such employment shall con- tinue. The apprentice shall be charged six dollars and twenty-five cents ($6.25) registration initially, and annually thereafter upon registration. No mastor plamber may hire or employ, or have in his employ, any apprentice plumber who is not registered with the plumbing board. Section 3A08. Examination required; application fee; re-examination upon failure of examination. Any person desiring to be examined Or a license as a journeyman plumber or master plumber, as determined in this article by the plumbing board shah make application to the plumbing board on blanks furnished by the board, setting forth information necessary to establish his qualifica- tions as such; and payment of an ex- amination fee of twenty-five dollars ($25.00) for examination for a master ~lumber, and twelve dollars and fifty cents ($12.50) for examination for a journeyman plumber. Persons failing an examination in part or in whole, who desire to take the exam again must make application for the exam and pay the exam fee as required in the first instance. Persons passing the practical part of an examination shall not be required to take the practical part in subsequent examinations. The fee for an examination shall not in- clade the fee for the issuing of the in- itial license. Section 3A09. Fee for license Applicants who successfully pass an examination shall pay a fee of twenty- five dollars ($25.00) for an initial master plumber's license, or twelve dollars and fifty cents ($12.50) for an in- itial journeyman plumber's license. Section 3Al0. Renewal of licenses, fee; failure to renew Licenses issued under this article may be renewed annually upon pay- ment of renewal fee on or before January thirty-first of each year follow- ing the year in which the license was first issued. The date of such ~enewal shall be endorsed on th~ license. In the event the holder of any such license shall fail to renew the same in the man- ner herein provided, the license shall expire and a new license shall not be issued without making application for a new license; paying the fee therefor required in the first instance. The an- nual renewal fee shall be twenty-five dollars ($25.0~ for a master plumber's license and twelve dollars and fifty cents ($12.50) for a journeyman plumber's license. Special Session, January 19, 1981 19 Section 3All. Revocation of Hcenses; appeal In addition to any other penalties, when any holder of a license issued under the provisions of this Code shall have been convicted of more than one violation of the provisions hereof, the plumbing board may, in its discretion, revoke such license, whereupon the holder shall on receipt of written notice of such revocation, surrender such In the event any person shall feel ag- grieved by the action of the board in revoking their license, they may ap. peal from such action to the City Coun- cil by filing written notice of appeal within ten (10) days from the date of mailing of such notice. The Council shall give five (5) days written notice of the date and time of hearing to the ap- pealing party, plumbing board and the chief inspector. Upon hearing the City Council may affirm, modify or overrule the action of the board. Section 4. Ordinance Repealed. The Plumbing Code of the City of Dubuque, Iowo, established by 0~ dinanee No. 48-70 and all amendments thereto be and the same are hereby ex- pressly repealed. Section 5. Savings Clause. If any section, provision, or part of this Ordinance shall be adjudged to be invalid or unconstitutiona& such ad- judloation shall not affect the validity of the Ordinance as a whole; or any sec- tion, provision or part hereof not judged invalid or unconstituHonaL Section 6. When Effective. This Ordinance shall be in effect thirty (~0) days after its final passage, approval and publication as required by law. Passed, adopted and approved, this 19th day of January, 1981. D. Michael King Mayor Michael W. Pratt Carolyn Farreli Council Members ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 2nd day of February, 1981. Mary A. Davis City Clerk lt2/2 Council Member Farreli moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farreli, Pratt. Nays--Council Member Brady. Absent--Council Member Felder- Council recessed at 10:25 p.m. Reconvened at 10:32 p.m. Communication of City Manager submitting Ordinance pertaining to the Housing Code Appeals Board, presented and read. Council Member Farreli moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Pratt. Nays--Council Member Brady. Absent--Council Member Felder- ORDINANCE NO. 2-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PRovIDING THAT THE CODE OF OR- DINANCES OF THE CITY OF DUBUQUE, IOWA, BE AMENDED BY REPEALING SECTION 20-12.01 AND SECTION 20-12.01 OF ARTI- CLE XII OF CHAPTER 20 THEREOF AND ENACTING 20-12.01 THROUGH 20.12.06 OF ARTICLE XII OF CHAPTER 20 IN LIEU THEREOF ESTABLISHING A HOUSING CODE APPEALS BOARD, presented and read. Council Member Farrell moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Pratt. Nays--Council Member Brady. Absent--Council Member Felder- Council Member Farrell moved that the rule requiring an Ordinance to be received and fried at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers FarreII, Pratt. Nays--Council Member Brady. Absent--Council Member Felder- ORDINANCE NO. 2-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF OR- DINANCES OF THE~ CITY OF DUBUQUE, IOWA, BE AMENDED 20 Special Session, January 19, 1981 BY REPEALING SECTION 20-12.01 AND SECTION 20-12.02 OF ARTI- CLE XII OF CHAPTER 20 THEREOF AND ENACTING NEW SECTIONS 20-12.01 THROUGH 20-12.06 OF ARTICLE XII OF CHAPTER 20 IN LIEU THEREOF ESTABLISHING A HOUSING CODE APPEALS BOARD. NOW THEREF~)RE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section ~1. That the Code of Om dinances of the City of Dubuque, Iowa, be amended by repealing Section 20-12.01 and Section 20-12.02 of Article XII of Chapter20 thereof and enacting new Sections 20-12.01 through 20-12.06 of Article XII of Chapter 20 in lieu thereof to read as follows: Sec. 20-12.01. Created. There is hereby created a Housing Code Appeals Board to have such powers and responsibilities to the ex- tent of the authority granted by the City Council Sec. 20-12.02. Purpose. The Housing Code Appeals Board shall conduct hearings upon applica- tion by any person aggrieved by a notice or not'ce and order of the Health Officer issued in connection with a violation of the City of Dubuque Residential Housing Code or of any ap- plication rule or regulation issued pu~ suant to the City of Dubuque Residen- rial Housing Code. Sec. 20-12.03. Membership; Terms of Office; Vacancies. (a) The Housing Code Appeals Board shall be comprised ora membe~ ship of five (5) persons who shall be ap- pointed by the City Council for terms of three (3) years. One (1) of the initial appointments shall be for a term of one (1) year, two (2) of the initial appoint- ments shall be for terms of two (2) years and two (2) of the initial appoint- ments shall be for terms of three (3) years. All terms of office shall expire on the eleventh day of January in their respective years. (b) Upon completion of their term of office members shah continue to serve in their full capacity until a successor has been duly appointed. {c) Vacancies caused by death, resignation or otherwise on the Board shall be promptly filled by the City Council for the unexpired term of office. (d) The Board shall elect a chairpe~ son, vice chairperson and secretary ~rom its members at the first regular meeting of each year. (e) Members of the Board shall be residents of the City of Dubuque and may not be employed by the City. Sec. 20-12.04. Meetings. (a) The Housing Code Appeals Board shall meet at such intervals as necessary in order to fulfill its purpose. (b) Members of the Board shall at- tend at least two-thirds (%) of all regularly scheduled and held meetings within a twelve (12) month period. If any member does not attend such a ~rescribed number of meetings, it shall constitute grounds for the Board to recommend to the City Council that said member be replaced, The atten- dance of all members shall be entered upon the minutes of all meetings. (c) All meetings shall be held in con- formance with the provisions of the lowa Open Meetings Law. (d) The Board shall fil~ with the City Council a copy of the minutes of each regular and special meeting of the Board within ten (10) working days after each such meeting. (e) The Board shall render all deci- siena and findings in writing to the Health Officer, and all decisions and ~ndings shall be provided in writing to the aggrieved person and be made part of the public record. Sec. 20-12.05. Internal Organization md Rules. The Housing Code Appeals Board may adopt rules and regulations to govern its organlgational procedures as they may deem necessary and which are not in conflict with this Arti- cie or other Resolutions and/or Deci- sions of the City. Sec. 20-12.06. Procedures for Opera- tions. All administrative, personnel, ac- counting, budgetary and procurement policies of the City shall govern the Housing Code Appeals Board in all of its operations. ? Passed, approved and adopted this 19th day o£ January, 1981. D. Michael King Mayor Michael W. Pratt Carolyn Farrell Council Members ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald this 23rd day of January, 1981. Mary A. Davis lt 1/23 City Clerk Special Session, January 19, 1981 21 Council Member Farrell moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Farrell, Pratt. Nays--Council Member Brady. Absent--Council Member Felder- Communication of City Manager re- questing Mayor be authorized to ex- ecute an Agreement with Iowa DOT on Right-of-Way Assurance State- ment for Federal Aid Projects, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- RESOLUTION NO. 10-81 Authorizing the Mayor to execute an agreement with the Iowa Depart- ment of Transportation on Right-of- Way assurance statement for Federal Aid Projects WHEREAS, the Iowa Department of Transportation has requested the City to execute an agreement stipulating that the City will comply with the 1970 Uniform Relocation Assistance and Land Acquisitions Policies Act on Federal aid transporta- tion projects; and WHEREAS, such a statement must be on file with the Iowa Department of Transportation in order for the City to be in compliance with Federal aid pro- jects for transportation purposes. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa; that Section 1. The Mayor be authorized to execute an Assurance Agreement with the Iowa Department of Transportation stipulating that the City of Dubuque will comply with Federal regulations r~lative to the ac- quisition of property for transporta- tion purposes, for which Federal funds ar~ involved. Passed, adopted and approved this 19th day of January, 1981. D. Michael K~ng Mayor Carolyn Farrell James E. Brady Michael Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Farrell moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Communication of City Manager submitting Ordinances providing for the redesignation of Stop Control for northbound and southbound traffic on St. Ambrose at Clarke Drive and the restriction of parking on the north side of Clarke Drive from St. Ambrose to Asbury Road., presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder-' ORDINANCE NO. 3.81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SUBSECTION A.18 OF SUBSECTION (d) OF SEC- TION 25-257 OF SAID CODE AND ENACTING A NEW SUBSECTION A.18 OF SUBSECTION (d) OF SEC- TION 25-257 IN LIEU THEREOF TO PROVIDE THAT WHEN SIGNS ARE ERECTED GIVING NOTICE THEREOF NO PERSON SHALL PARK A VEHICLE ON CLARKE DRIVE ON THE NORTH SIDE FROM HEEB STREET TO THE NORTH PROPERTY LINE OF 1799 CLARKE DRIVE AND ON THE NORTH SIDE FROM ST. AM- BROSE STREET TO ASBURY ROAD, presented and read. Council Member Pratt moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farre]l, Pratt. Nays--None. Absent--Council Member Felder- 22 Spe~olSession, January19,1981 Council Member Pratt moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Farrelt. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Pratt. Nays--None. Absent--Council Member Feider- ORDINANCE NO. 3-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SUBSECTION A.18 OF SUBSECTION (d) OF SEC- TION 25-257 OF SAID CODE AND ENACTING A NEW SUBSECTION A.18 OF SUBSECTION (d) OF SEC- TION 25-257 IN LIEU THEREOF TO PROVIDE THAT WHEN SIGNS ARE ERECTED GIVING NOTICE THEREOF NO PERSON SHALL PARK A VEHICLE ON CLARKE DRIVE ON THE NORTH SIDE FROM HEEB STREET TO THE NORTH PROPERTY LINE OF 1799 CLARKE DRIVE AND ON THE NORTH SIDE FROM ST. AM- BROSE STREET TO ASBURY ROAD. NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of O~ dinances of the City of Dubuque, Iowa be and the same is hereby amended by repealing Subsection A.18 of Subsec~ tion (d) of Section 25-257 thereof and enacting a new Subsection A.18 of Subsection (d) of Section 25-257 in lieu thereof as follows: "Sec. 25-257. (d) When signs are erected giving notice thereof, no person shall at any time, park a vehicle upon any of the following described streets or parts of A. The following streets orportions are designated as no parking zones: 18. Clarke Drive on the north side from Heeb Street to the north property llne of 1799 Clarke Drive and on the north side from St. Ambrose Street to Asbury Road," Passed, approved and adopted this 19th day of January, 1981. D. Michael King Mayor Michael W. Pratt James E. Brady Carolyn Farren Council Members ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of January, 1981. Mary A. Davis City Clerk it 1/23 Council Member Pratt moved final adoption of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Memb6r Felder- ORDINANCE NO: 4-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, IY ADDING A NEW SUBSECTION TO SECTION 25-210 PROVIDING THAT NORTH AND SOUTH BOUND VEHICLES ON ST, AM- BROSE STREET SHALL STOP BEFORE ENTERING THE IN- TERSECTION OF CLARKE DRIVE, ~resented and read. Council Member Pratt moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Pratt. Nays--None. Absent--Council Mgmber Felder- Council Member Pratt moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with.~Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- ORDINANCE NO. 4-81 AN ORDINANCE OF THE CITY OF DUBUQUE; IOWA AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING A NEW SUBSECTION Special Session, January 19, 1981 23 TO SECTION 25-210 PROVIDING THAT NORTH AND SOUTH BOUND VEHICLES ON ST. AM- BROSE STREET SHALL STOP BEFORE ENTERING THE IN- TERSECTION OF CLARKE DRIVE NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of O~ dinances of the City of Dubuque, Iowa be amended by adding a new subsec- tion to Section 25-210 as follows: "Sec. 25-210. Northbound and southbound vehicles must stop before they enter the intersection of' Clarke Drive and St. Ambrose Street." Passed, approved and adopted this 19th day of January, 1981. D. Michael King Mayor Michael W. Pratt James E; Brady Carolyn Farrell Council Members ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of January, 1981. Mary A. Davis City Clerk It 1/2~ Council Member Pratt moved final adoption of the Ordinance. Seconded by Council Member Farre]l. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- ORDINANCE NO. 5-81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING THAT SUBSEC- TION OF SECTION 25-210 PRO- VIDING THAT EASTBOUND VEHICLES ON CLARKE DRIVE SHALL STOP BEFORE THE IN- TERSECTION OF ST. AMBROSE STREET, presented and read. Council Member Pratt moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady. Farrell, Pratt. Nays--None. Absent--Council Member Felder- man. Council Member Pratt moved that the rule requiring an Ordinance to be received and filed at two meetings prior to tim meeting when final action is taken, be dispensed with. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- man. ORDINANCE NO. 5.81 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING THAT SUBSEC- TION OF SECTION 25-210 PRO- VIDING THAT EASTBOUND VEHICLES ON CLARKE DRIVE SHALL STOP BEFORE THE IN- TERSECTION OF ST. AMBROSE STREET NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Or~ dinances of the City of Dubuque, Iowa be and the same is hereby amended by repealing that Subsection of Section 25-210 which provides that eastbound vehicles on Clarke Drive shall stop before entering the intersection of St. Ambrose Street and that same is of no further force or effect. Passed. approved and adopted this 19th day of January, 1981. D. Michael King Mayor Michael W. Pratt James E. Brady Carolyn Farreil Council Members ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of January, 1981. Mary A. Davis City Clerk i t 1/23 Council Member Pratt moved final adoption of the Ordinance. Seconded by Council Member Farrell. Carried by the following vote: 24 Special Session, January 19, 198i Yeas--Mayor King, Council Mem- bers Brady, Farreil, Pratt. Nays--None. Absent--Council Member Felder- man. Communication of City Manager ad- vising of completion of Eighteenth, Seventh and Dell St., Steps Project and recommending acceptance, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member FeIder- RESOLUTION NO. 17-81 WHEREAS, the contract for the 18th, Deli and 7th Street Steps has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifica- tions and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contrac- tor from the funds to be realized from the Community Development Fund issued upon the above described im- provement in amount equal to the amount of his contract, less any retain- ed percentage provided for therein. Passed, adopted and approved this 19th day of January, 1981. D. Michael King Mayor Michael W. Pratt James E. Brady Carolyn Farreil Council Members ATTEST: Mary A. Davis City Clerk Council Member Farrefi moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Pratt. Absent--Council Member Felder- FINAL ESTIMATE RESOLUTION NO. 18-81 WHEREAS, the contract for the 18th, Dell and 7th Street Steps has been completed and the City Engineer has submitted his final estimate show- lng the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the cost of said linprovement is hereby determined to be $46,750.39. That none of the cost thereof shall be assessable upon private property and $46,750.39 shall be paid from the Com- munity Development Fund of the City of Dubuque. Passed, adopted and approved this 19th day of January, 1981. D. Michael King Mayor Michael W. Pratt James E. Brady Carolyn Farreil Council Members ATTEST: Mary A. Davis City Clerk Council Member Farreil moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Pratt. Nays--None. Absent--Council Member Felder- Communication of City Manager recommending vacating undeveloped street known as Lot 38 Grandvlew Heights Subd., as requested by Orlin Conlin, presented and rdad. Council Member Farreli moved that the communication be referred to the City Manager for proper proceedings. Seconded by Council Member Pratt. Carried by the foliowing vet9 f Yeas--Mayor King, Council Mem- bers Brady, Farreli, Pratt. Nays--None. Absent--Council Member Felder- Communciatinn of City Manager submitting a National Register nomination of the Lower Main Street District and requesting submission to the State Historical Preservation Center, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Special Session, January 19, 1981 25 Farrell. Carried by the following vote: Yeas--Mayor King. Council Mere bets Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- ORDINANCE NO. 6-81 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 25.187.1 (a) AND ENACTING A NEW SECTION 25.187.1 (a) IN LIEU THEREOF AND BY REPEALING SECTION 25-187.1 (c) THEREOF TO PROVIDE FOR THE MANNER OF STOPPING SCHOOL BUSSES AND THE DUTIES OF BUS DRIVERS presented and read. Council Member Farrell moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Council Member Farreli moved that the rule requiring an Ordinance to be received and filed at two meetings prior to the meeting when final action is taken, be dispensed with. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreli, Pratt. Nays--None. Absent--Council Member Felder- ORDINANCE NO. 6-81 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 25-187.1 (a) AND ENACTING A NEW SECTION 25-187.1 (a) IN LIEU THEREOF AND BY REPEALING SECTION 25-187.1 (c) THEREOF TO PROVIDE FOR THE MANNER OF STOPPING SCHOOL BUSSES AND THE DUTIES OF BUS DRIVERS NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of O~ dinances of the City of Dubuque, Iowa, be amended by repealing Section 25-18Z1 (a) thereof and enacting a new Section 25-18Z1 (a) in lieu thereof, as follows: "Section 25.187.1 (a) Manner of Stopping Bus; Duties of Bus Drivers. The driver of any school bus used to transport children to and from a public or private school shal~ when stopping to receive or discharge pupils turn on flashing warning lamps at a distance of not less than three hundred {300) feet nor more than five hundred (500) feet from the point where said pupils are to be received or discharged from the bus. At the point of receiving or diseharg- lng pupils, the driver of the bus shall bring the bus to a stop, turn off the amber flashing warning lamps, turn on the red flashing warning lamps, and extend the stop arm. After receiving or discharging pupils, the bus driver shall turn off all flashing warning lamps, retract the stop arm, and proceed on the route. Except to the extent that reduced visibility is caused by fog, snow or other weather conditions, a school bus shall not stop to load or unload pupils unless there is at least three hundred feet of unobstructed vision in each direction. Section 2. That the Code of O~ dinances of the City of Dubuque, Iowa, be amended by repealing Section 25-18Z1 (c) and that same be of no fu~ tker force or effect and by repealing O~ dinance No. 73~0. Passed, approved and adopted this 19th day of January, 1981. D. Michael King Mayor Michael W. Pratt James E. Brady Carolyn Farrell Council Members ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of January, 1981. Mary A. Davis City Clerk it 1/23 Council Member Farreil moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Councli Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Communication of P & Z recommen- ding approval of final plat for Dubu- que Community School District for property located south of Kaufmann 26 Special Session, January 19, 1981 Ave. and adjacent to Bunker Hill Golf Course, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the foriowing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- RESOLUTION NO. 19-81 A Resolution approving the plat of the Subdivision of Lot 2 of Lot 1 of Lot 2 of Highland Farm in the City of Dubuque, Iowa; and of the Subdivi- sion of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of LOt 1 of Lot 2 of Highland Farm in the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat of the Sub- division of Lot 2 of Lot I of Lot 2 of Highland Farm in the City of Dubu- que, Iowa; and of the Subdivision of Lot 1 of Lot I of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot I of Lot I of Lot 2 of Highland Farm in the City of Dubu- que, Iowa; and WHEREAS, said plat has been ex- amined by the City Planning and Zen- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council, and the City Councri finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of the Sub- division of Lot 2 of Lot 1 of Lot 2 of Highland Farm in the City of Dubu- que, Iowa; and of the Subdivision of Lot1 of Lot1 of Lot2ofLotl oiLer1 of Lot I of Lot 2 of Highland Farm in the City of Dubuque, Iowa, be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat Passed, adopted and approved this 19th day of January, 1981. D. Michael King Mayor Michael W. Pratt James E. Brady Carolyn Farrefi Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- RESOLUTION NO. 20-81 WHEREAS, the Dubuque Com- munity School District has delivered Quit Claim Deed to the City of Dubu- que, Iowa covering the following described real estate: Lot 2 of the Subdivision of Lot 2 of Lot 1 of Lot 2 of Highland Farm, and Lot 2 of the Subdivision of Lot i of Lot 1 of Lot 2 of Lot I of Lot 1 of Lot 1 of Lot 2 of Highland Farm, in the City of Dubuque, Iowa and; WHEREAS, the delivery of said Deed should be accepted; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That delivery of Quit Claim Deed to the City of Dubuque, Iowa by the Dubuque Community School District, dated December 23, 1980, covering the hereinabove des- cribed real estate be and the same is hereby accepted. Section 2. That the City Clerk be and she is hereby ordered to cause said Deed to be recorded in the office of the Dubuque County Recorder. Section 3. That a certified copy of this Resolution be transmitted to the City Assessor and the Dubuque County Passed, approved and adopted this 19th day of Jar~uary, 1981. D. Michael King Mayor Michael W. Pratt James E. Brady Carolyn Farrell Councri Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Councri Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- Special Session, January 19, 1981 27 bets Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Communication of P & Z Commis- sion recommending approval of final plat for Wolff/Northrange Associates located west of Radford Road, presented and read. Council Member Farrell moved that the communication be received and fried. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- RESOLUTION NO. 12-81 A Resolution approving the plat of Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Block 2 of "Northrange In- dustrial Park" at Dubuque, Iowa, ex- cept for deed recorded in Rook of Lands 63, Page 252, and except for deed recorded as Instrument No. 9333-72, each in Office of Dubuque County Recorder. WHEREAS, there has been filed with the City Clerk a plat in which Lot i of Lot I of Lot i of Lot I of Block 2 of "Northrange Industrial Park" at Dubuque, Iowa, except for deed recorded in Book of Lands 63, Page 252, and except for deed recorded as Instrument No. 9333-72, each in Office of Dubuque County Recorder is now platted as Lot 1 of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Block 2 of "Northrange Industrial Park" at Dubuque, Iowa, except for deed recorded in Book of Lands 63, Page 252~ and except for deed recorded as Instrument No. 9333-72, each in Office of Dubuque County Recorder and Lot 2 of the Subdivision of Lot i of Lot 1 of Lot 1 of Lot 1 of Block 2 "Northrange Industrial Park" at Dubuque, Iowa, except for deed recorded in Book of Lands 63, Page 252, and except for deed recorded as Instrument No. 9333-72, each in Office of Dubuque County Recorder; and WHEREAS, said plat has been ex- amined by the City Planning and Zen- lng Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Councri, and the City Councri finds that the same Con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above described plat be and the same is hereby ap- proved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 19th day of January, 1981. D. Michael King Mayor Michael W. Pratt James E. Brady Carolyn Farrell Council Members ATTEST: Mary A. Davis City Clerk Council Member Farreri moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Communication of P & Z recommen- ding denial of rezoning request of Larry Wolff for property described as Lot 2 of Subdivision of Lot 1 of 1 of 1 of i of Block 2 "Northrange Industrial Park" from AG (Interim Zone) to LI District, presented and read. Larry Wolff, 1605 Earl Drive, stated that he wished the area to be rezoned LI so that it would be in conformance with the surrounding area. Councri Member Farreil moved ~hat the communication be received and fried and denial approved. Seconded by Council Member Brady. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Councri Member Felder- Communication of P & Z approving final plat of "Meta Luedtke Place" located south of the City on Lake Eleanor Read, presented and read. Council Member Pratt moved that the comnm~ication be received and fried. Seconded by Councri Member Farreri. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- 28 Special Session, January 19, 1981 RESOLUTION NO. 22-81 A Resolution approving the plat of Lot I and Lot 2 of Meta Luedtke Place in Section 12 and Section 13, Table Mound Township, Dubuque County, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Lot 1 and Lot 2 of Meta Luedtke Place in Section 12 and Section 13, Table Mound Township, Dubuque County, Iowa, and WHEREAS, said plat has been ex- amined by the City Planning and Zen- ing Commission and had its approval endorsed thereon; and WHEREAS, said plat has been ex- amined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plats of Lot I and Lot 2 of Meta Luedtke Place in Section 12 and Section 13, Table Mound Township, Dubuque County, Iowa be authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat. Passed, adopted and approved this 19th day of January, 1981. D. Michael King Mayor Michael W. Pratt James E. Brady Carolyn Farrell Council Members ATTEST: Mary A. Davis City Clerk Council Member Pratt moved adop- tion of the Resolution. Seconded by Council Member FarrelL Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Communication oI Planning and Zoning informing of their officers elected for the year 1981, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Communication of Rosemary Cronln submitting resignation from Historic Preservation Commission, presented and read. Council Member Pratt moved that the communication be received and filed and resignation accepted with regret. Seconded by Council Member Farrell. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- RESOLUTION NO. 23.81 BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarette Papers within said City. Kenneth Melloy & Patrick Healy 1301 Rhomberg Passed, adopted and approved this 19th day of January, 1981. D. Michael King Mayor Carolyn Farrell James E. Brady Michael W. Pratt Council Members ATTEST: Mary A. Davis City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- RESOLUTION NO. 24-81 WHER~EAS, Applications for Beer Permits l~ave been submitted and filed tO this Council for approval and the same have been examined and ap- proved; and WHEREAS, The premises to be oc- cupied by such applicants wet~e in- spected and found to comply with the Ordinances of this City and have ~fled proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the Special Session, January 19, 1981 29 City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Beer Permit. CLASS "B" BEER PERMIT JFK Fast Foods, Inc. 2075 JFK Rd. (Also Sunday Sales) Passed, adopted and approved this 19th day of January, 1981. D. Michael King Mayor James E. Brady Michael W. Pratt Carolyn Farrell Council Members ATTEST: Mary A. Davis City Clerk Council Member Brady moved adop- James E. Brady Michael W. Pratt Carolyn Farrell Council Members ATTEST: Mary A. Davis City Clerk Council Member Brady moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, King, Pratt. Nays--None. Absent--Council Member Felder- MINUTES SUBMITTED: Airport Commission of 10-14; Dock Commis- sion of 12-10; Cable TV Commission of tion of the Resolution. Seconded by 12-18; Recreation Commission of 12-8; Council Member Pratt. Carried by the Park Board of 12-19 and 1-19; P & Z of following vote: 1-7; Library Board of 12-12, presented Yeas--Mayor King, Council Mere- I and read. bers Brady, Farreil, Pratt. I Council Member Farrell moved that x~ays--~one.'T -~ ~ the minutes be received and filed. · | Seconded by Council Member Pratt. Absent--Council Member Felder-~ Carried b the followin vote man. Y g I Yeas--Mayor King, Council Mem- RESOLUTION NO. 25-81 bets Brady, Farrell, Pratt. WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the salne have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Kenneth Melloy & Patrick Healy 1301 Rhomberg Lorraine A. Fransen 1100 Lincoln Gomer's Inc. 1105 University Kress Ltd. 1701 Asbury Rd. Gerald D. Richter 2126 Central (Also Sunday Sales) Robert P. Spiegelhaiter 2364 Washington Sincere Enterprises, Inc. Plaza 20 (Also Sunday Sales) Passed, adopted and approved this 19th day of January, 1981. D. Michael King Mayor Nays--None. Absent--Council Member Felder- man. Printed Council Proceedings for the months of July and August, 1980, presented and read. Council Member Farrell moved that the proceedings be received and filed and approved as printed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Pratt. Nays--None. Absent--Councfi Member Felder- Communication of Western Union Telegraph Co. advising of rate in- creases for its intrastate public message telegram and overnight telegram services in Iowa effective 1-18-81, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady. Farrell. Pratt. Nays--None. Absent--Council Member Felder- Communication of Peoples Natural Gas advising of rate decrease retroac- tive to November 18, 1980, presented Special Session, January 19, 1981 31 30 Special Session, January 19, 1981 and reed. Communications of Corporation Council Member Farrell moved that Counsel recommending settlement of the communication be received and personal injury cialm of Bernadine Schmid in amount of $323.00; recom- filed. Seconded by Council Member Pratt. Carried by tho following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Communicatinn of Charles R. Goodin pertaining to rehiring of Robert O'Brien as Chief of Police, presented and read. Council Member Farrell moved that the conmmnicatinn be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Petitions of Jim Renler and Tri- State Electronics Association recom- mending City solicit proposals from more than one cable company before a franchise is granted, presented and read. Council Member Farrell moved that the petition be received and filed and referred to City Manager. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- NOTICES OF CLAIMS: David J. Fah, in undetermined amount for per- sonal injuries received in a fall at Lotus and Dell Ste.; Raymond Dean vs. City of Dubuque et al in amount of $35,000 for personal injuries received in a fall; Jerry A. Scott vs. City of Dubuque, in amount of $8,500 for sewer back-up damages; Richard Mangier, in amount of $237.16 for car damages; Hilda W. Kicier, in amount of $89.44 for car damages, presented and read. Council Member Farrell moved that the notices of claims etc. be referred to the Corporation Counsel for investiga- tion and report. Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- mending settlement of car damage claim of Frank R. Duchow, in amount of $261.50; recommending settlement of claim of William Harry, in amount of $300 for personal injury; presented and read. Council Member Farrell moved that the settlements be approved and Auditor be directed to issue checks. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Communications of Corporation Counsel recommending denial of claims of David J. Fah; Recommen- ding denial of sewer back-up damages claim of Paul Feeney; Recommending denial of personal property damages claim of Herb Honey; Recommending denial of personal injuries claim of Mary Eileen Patters; presented and read. Council Member Farreil moved that the communications be received and filed and denials approved. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bets Brady, Farrefi, Pratt. Nays--None. Absent--Council Member Felder- Communication of City Manager submitting information regarding complaint received from Handicapped Persons, Inc. regarding placement of curb cuts, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Pratt Carrlad~by the following vote: Yeas--Mayo~ King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Communication of City Manager submitting copy of response toques- lions asked by Mr. Al Polsean at Court- cil Meeting of December 22, 1980, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Communication of City Manager submitting audits for Fiscal Year ending June 30, 1980, re: General City, Parking System, Sewage Disposal System, Transit System, Water System, Community Development Program, Federal Revenue Sharing, Housing Assistance Program, Dubu- que Metropolitan Solid Waste Agency, presented and read. Council Member Farrell moved that the communicatinn be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Communication of City Manager submitting audit for purchase of Time- Lapse Photographic Equipment, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Communication of City Manager submitting comments regarding General Revenue Sharing Regulations. presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- REFUNDS REQUESTED- Roy Strong, $50 on unexpired Cigarette License; Lucky Stores, Inc. d/b/a May's Drugs, $50, on unexpired Cigarette License; Lucky Stores, Inc. d/b/a May's Drugs, $75, on unexpired Class "C" Beer Permit, discontinued business on December 31, 1980. presented and read. Council Member Farrell moved that the refunds be approved and Auditor to issue proper checks. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers, Brady, Farrell, Pratt. Nays--None. Absent--Council Me~nber Felder- Communication of Civil Service Commission submitting list of app- licants as they passed the fire promo- tional exam on September 11 and 12, 1980, according to written scores with seniority points added, presented and read. Council Member Farreil moved that the communication be received and filed with copy to Personnel Depart- ment. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Communication of Counsel for KDUB-TV submitting reply to opposi- lion to the petition for reconsideration for special relief as filed by Station KCRG-TV, presented and read. Council Member Farrell moved that the communication be received and filed and referred to Cable Commis- sion. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Communication of ad hoc Electrlcal Code Committee recommending ap- proval of National Electrical Code of 1981, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King. Council Mem- bets Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- Communination of Delos A. Dorweiler requesting enforcement of Tcaffic Noise Ordinance, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the foilowlng vote: Yeas--Mayor King, Council Mem- bers Brady. Farrell, Pratt. Nays--None. Absent--Council Member Feldermau. Special Session, January 19, 1981 There being no further business, Council Member Farreli moved to ad- journ. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Pratt. Nays--None. Absent--Council Member Felder- man, Mary A. Davis City Clerk Approved 1981 Adopted 1981 Council Members ATTEST: City Clerk Regular Session, February ~2, 1981 33 CITY COUNCIL OFFICIAL Regular Session, February 2, 1981. Council met at 7:30 P.M. (C.S.T.) Present--Mayor King, Council Members Brady, Farreil, Felderman Pratt. City Manager W. Kenneth Gearhart, Corporation Counsel R. N. Russo. Mayor King read the call the stated that service thereof had been duly made and this Meeting is the REGULAR MONTHLY MEETING of the City Council calied for the pur- pose to act upon such business as may properly come before the Meeting. Invocation was given by Rev. Wm. P. Leonard of Nativity Catholic Church. Proclamation proclaiming week of February 8 thru 14, 1981 as "Distributive Education Week" was so proclaimed by Mayor King and presented to students from Hemp- stead and Senior High Schools. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing on a Plan for Establishment of an Urban Revitalization Area in the West 11th Street Area, presented and read. No written objections were received and no oral objectors were present at the time set for the hearing. Council Member Farreli moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the follow- ing vote: Yeas--Mayor King, Council Mem- bets Brady, Farrell, Felderman, Pratt. Nays--None. Council Member Pratt moved to sus- pend the rules to let anyone present address the Council ff they so desire. Seconded by Council Member Felder- man. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. Patricia DeHeck, 1095 Grove Ter- race, President of llth Street Neighborho'od Association, stated definite support of the Urban Revitalization Plan. Bill Daugherty, 695 W. llth Street, Vice-President of 11th Street Neighborhood Association, requested adoption of the Plan and Ordinance. Communciatinn of Community Development Director being in sup- port of proceedings on designation of West llth Street Area and certifying notice was given to owners and tenants in specified area, presented and read. Council Member Farrell moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farreil, Felderman, Pratt. Nays--None. AN ORDINANCE providing for the Establishment of an Urban Revitaliza- tion Area in the West 11th Street Area, presented and read. Council Member Farrell moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor King, Council Mem- bers Brady, Farrell, Felderman, Pratt. Nays--None. RESOLUTION NO. 26-81 A Resolution providing that the Mayor shall sign all ordinances, amendments and resolutions and the City Clerk shall attest the same NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the practice of requi~ ing all Council Members to sign or dinances, resolutions or amendments heretofore employed shall beef no fu~ ther force or effect upon the adoption of this resolution. Section 2. That all ordinances, amendments or resolutions shall be signed by the Mayor and attested to by the City Clerk. Passed, adopted and approved this 2nd day of February, 1981. D. Michael King Mayor ATTEST: Mary A. Davis City Clerk Council Member Felderman moved adoption of the Resolution. Seconded by Council Member Farrell. Carried by the foHowing vote: Yeas--Mayor King, Council Mem- bers Farrell, Felderman, Pratt. Nays--Council Member Brady. Communication of Lavern B. Kascel. President of the Eska Company, Inc. requesting consideration of Industrial Development Revenue Bonds, Series 1981, and execution of Memorandum of Agreement and following Resolu- tion, presented and read. Council Member Pratt moved that