1980 December Council Proceedings426 Special Session. November 17, 1980
Seconded by Council Member Felder~
man. Carried by the following vote:
Yeas~Mayor Farrell. Council Mem-
bers Brady. Felderman. King, Pratt.
Nays-None.
Communication of City County Street
Name Task Force relevan~ Lo Street
Name conflicts, presented and read.
Council Member Pratt moved that the
commumcaLior be received and Filed.
Seconded by Council Member Felder-
man, Carried by the following vote:
Yeas~Mayor Farrell Council Mem-
bers Brady, Felderman. King, Pratt.
Nays-None.
Communication of Attorney Robert M.
Bertseb, for Carl J. Burbach. advising of
presen~ s~atus of proposed alternative
methods to provide public sanitary sewer
facilities ~o properties owned by Bur-
bach, Hilby, Pfohl and Resurrection
Church. presented and read.
Council Member Pratt moved that the
communication be received and filed and
refer~ed to the City Manager. Seconded
by Council Member Felderman. Uarried
by the following vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady, Felderman. King, Pratt.
Nays-None
Communication of DubuqueFest '80
submitting copy of their Project ReporL,
presented and read.
Council Member Prar~ moved that the
commumcation be received and ~iled.
Seconded by Council Member Felder-
man, Carried by the following vote:
Yeas~Mayor Farrell. Council Mem-
bers Brady, Felderman. King, Pratt.
Nays~None.
Notices of CIaims ~nd Suits: Rosalie T.
Flood vs. Board of Library Trustees et al
submitting Resistance to Motion ~o
Strike' John S. Lechnir. in amt. of $191.99
for property damages, presented and
read.
Council Member Prat~ moved that the
c]aim~ and suits be referred to Corp.
Counsel Russo for investigation and re-
port. Seconded by Council Member Fel-
derman. Carried by the following vote:
Yeas-Mayor FarrelL Council Mem-
bers Brady, Felderman. King, Pratt.
Nays-None,
Communication of U.S. Civil Aeronan
tics Board submitting Sixty-day notice of
Ozark Air Lines Inc of suspension of
nonstop and/or single plane service m six
teen markets under Section 401 (j) (2) of
the Act, presented and read.
Council Member Prat~ moved that the
communication be received and flied an~
referred to the Airport Commission,
Seconded by Council Member Felder
man. Carried by the following vote:
Yeas-Mayor Farrell. Council Mem-
bers Brady. Felderman. King, Pratt.
Nays-None,
Communication of Acting City Asses-
sor advising Appeals to District Court
against the City Board of Review were
dismissed as filed by Thomas F. Leibold
et al, presented and read,
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Felder-
man. Carried by the following vo~e:
Yeas-Mayor Farrell, Council Mem~
bets Brady, Feldcrman. King, Pratt
Nays~None.
Communication of F.C.C. submitting
Memorandum Opinion and Order regard-
ing Special Relief for KDUB-TV. pre-
sented and read.
Council Member Pratt moved that the
communication be received and Bled.
Seconded by Council Member Felder-
man, Carried by the following vote:
Yeas~Mayor Farrell. Council Mem-
bers Brady, Felderman. King, Pratt.
Nays-None.
There being no fnrther business. Coun-
cil Member Felderman moved to adjourn.
Seconded by Council Member Pra~. ~ar-
ried by the following vo~e:
Yeas-Mayor Farrell. Council Mem-
bers Brady. Felderman. King, Pratt.
Nays-None.
Mary A. Davis
City Cler~
Approved ........................................... 198]
Adopted ............................................. 1981
Council Members
ATTEST:
City Clerk
Regular Session, December ~, ~[980
CITY COUNCIL
OFFICIAL
Regular Session, December 1, 1980.
Council met at 7:30 P.M. (C.S.T.)
No members of the Council being
present, meeting was adjourned sub.
ject to call.
Mary A, Davis
City Clerk
Approved .......................................... :1981
Adopted ............................................. 1981
Council Members
427
428
CITY COUNCIL
Adjourned Regular Session, December b. 1980
tiE IT FURTItER RESOLVED, that
upon the signing M' said contract and the
OFFICIAL
Adjourned Regular Session, Decem.
bar 8, 1980.
Council met at 7:30 P.M. (C.S.T.)
Present-Mayor Farrell, Council Mem-
bers Brady, Felderman, King, Pratt,
City Manager W. Kenneth Gearhart,
Corporation Counsel R. N. Russo.
Mayor Farrell read the call and stated
that service thereof had been duly made
and this is an adjourned regular session of
December 1, 1980 called for the purpose
of acting upon such business as may come
before the Council.
Proof of publicatkm, certified to by the
Publisher, of Notice to Contractors of thc
Receipt of proposals for the constructim~
of the Bell St. Storm Sewer, presented
and read.
Counci~ Member Felderman moved
that the proof of publication be receiw~d
and filed. Seconded by Council Member
King. Carried by thc following vote:
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King, Pratt.
Nays-None.
Communication of City Mgr. recom-
mending to award contract for Bell St.
Storm Sewer to Tschiggfrie Excavating,
presented and read.
Council Member Fcldcrman moved
that the communication be received and
filed. Seconded by Council Member King.
Carried by th(! foBowing vote:
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King, Pratt.
Nays-None.
(Awarding Contract)
RESOLUTION NO. 345-80
WHEREAS, sealed proposals have
bben submitted by contractors for the
construction of the Bell Street Storm
Sewer pursuant to Resolution No. 327~0
and notice to bidders published in a news-
paper published in said City on Novcm
ber 7, 1980; and
WItEREAS, said sealed proposals
were opened and read on November 21,
1980, and it has been determined that the
bid of Tschiggfrie Excavating of l)ubn~
qua in the amount iff $130,725.70 was the
h)west bid for the furnishing of all labor
and materials and performing the work
as provided for in the plans and specifica
tions;
NOW TIIEREFORE BE IT RESOLV
ED BY TIlE CITY COUNCIL OF TIlE
CITY OF DUBUQUE, IOWA:
That the contract for the above men-
tioned improvement be awarded to
Tschlggfrie Excavating and the Manager
be and he is hereby directed to execute a
contract on bclmlf of thc City of Dubuque
for ~he complete performance of said
work.
approval of the con,rackers bond thc City
Treasurer ~s authorized and instructed to
return the bid depesits of the unsuccess-
ful bidders.
Passed. adopted, and approved this
8th day of December, 1980.
Carolyn Farrcll
Mayor
James E. Brady
D. Michael King
Michael W. Pratt
John L. Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Mmnber Felderman moved
adoption of the Resolution. Seconded by
Council Member King Carried by the fei
lowing vole:
Yeas-Mayor Farrell, t~ouneil Members
Brady, Feldcrman, King, Pratt.
Nays~None.
Communication of Chairperson of Im~
manual United Church of Christ request-
lng demolition permit for proper~y at
1755 Jackson St,, presented and read.
Council Member King moved that the
communication be received and Bled and
request approved. Seconded by Council
Member Felderman. Carried by the fol-
lowing vote:
Yeas MayorF~rrcll, Council Members
Brady, Felderman. King, Pratt,
Nays-None.
Petition of Lawrence Stoekel request-
ing to amend Code of Ordinances Sec
26-r9 "Discharging Firearms" by adding
"This Ordinance shall not apply ti) an In-
door Commercially manufactured Range
havinp a rangemaster or other supcrvis
cry personnel on hand at all times." pre
sen[ed and read.
Council Member Pratt moved that the
petition be referred to the Corp. Counsel
and staff. Seconded b5 Council Member
King. Carried by the following vote:
Yeas-Mayor Farrell. Council Members
Brady, Felderman King, Pratt. Nays None.
Communication of City Manager re-
questing Mayor be authorized to execme
a Pre-Design Proieet Agreement with
the Iowa DOT relative to improvements
to be made on Kerper Blvd. from 9th St
to 16th St., presenteel and read.
Council Member King moved that the
commumcauon he received and filed.
Secomted by Council Member Pratt. Car
tied by the following vow:
Yeas-Mayor Farrell. Councd Members
Brady, Feldermam King. Pratt,
Nays-None.
Adjourned Regular Session. December 8. 1980
RESOLUTION NO. 346-80
Authorizing the Mayor to Execute a
Pre. Design Project Agreement with the
Iowa Department of Transportation.
WHEREAS, the 561 City Island
Bridge will be completed in 1982: and
WHEREAS the Iowa Departmen~ of
Transportation desires m redesignate
Kerper Boulevard from 9th Street and
Central Avenue to 16th Street and
Kerper Boulevard as part of the primary
transportation system: and
WHEREAS. the Iowa Department of
Transportation has appropriated Sg00,000
for certain improvements to be made in
the primary road system within the City
of Dubuque: and
WHEREAS. on completion of the 561
City Island Bridge, a relatively high
volume of traffic will be using this sectmn
of Kerper Boulevard until the completion
of the 561 Freeway: and
WHEREAS it willbe benefieial for the
City of Dubuque to have certain improve-
ments on this section of Kerper Boule
yard between 9th and Central and 16th
and Kerper Boulevard.
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor be authoriz-
ed ~o execute a Pre-Design Project
Agreement with the Iowa Department of
Transportation relative to improvements
[o be made on Kerper Boulevard between
Jth and Central and 16th and Kerper
Boulevard.
Passed, adopted, and approved this
8th day of December, 1980.
Carolyn Farrell
Mayor
James E. Brady
D, Michael King
Michael W. Pratt
John L. Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member King moved adoption
of the Resolution and approved Agree-
men~, as amended. Seconded by Council
Member Pratt. Carried by the following
votel
Yeas-Mayor Farrell, Council Members
Brady, Felderman. King, Pratt.
Nays-Nooe.
Communication of City Mgr. request-
~ng authorization to execute an Engineer-
lng Agreemem with Terry A. Shuck,
Structural Engineers, Inc. for consulting
advice on the Flora and Municipal Swim-
ming Pools, presented and read,
Council Member Felderman moved
that the communication be received and
filed, Seconded by Council Member
429
Pratt. Carried by the following vote:
Yeas-Mayor Farrell, Council Members
Brady. Felderman, King, Pratt.
Nays-None.
RESOLUTION NO. 347.80
Authorizing the City Manager to Exe.
cute an Engineering Agreement with
Terry A. Shuck, Structural Engineers.
Inc., Des Moines. Iowa.
WHEREAS, strnctural problems have
been experienced at the Municipal and
Flora Swimming Pools in the past two
years', and
WHEREAS. it is important m con-
tinue a maintenance program to alleviate
extensive expenses for future main-
tenance of both of these pools; and
WHEREAS. it is concerned prudent to
secure professional engineering advice
relative tc structural repairs to both of
these pools before proceeding with mam-
tenance expenditures; and
WHEREAS, Terry A. Shuck, Struc-
tural Engineers, Inc., Des Moines, Iowa,
have performed engineering studies and
designs for swimming pool renovauon for
the City of Des Moines.
NOW TIIEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL Ol THE
CITY OF DUBUQUE, IOWA:
Section 1. That the City Manager be
authorized to sign a Professional Engi-
neering Agreement with Terry A. Shuck,
Structural Engineers Inc.. 611-39th
Street. Des Moines lows.
Passed, adopted, and approved this
8th day of December. 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
Michael W. Pratt
John L. Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Felaerman moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by mc
following vote:
Yeas-Mayor Farreg, Council Members
Felderman, King.
Nays-Council Member Brady, Pratt,
Communication of City Mgr. submit-
ting contract for Engineering Serwccs
for Radford Industrial Center with Shire
Uattery and Associates and requesung
authorization to accept said contract, pre-
sented and read.
Council Member Felderman moved
that the communication be received and
~iled. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas~Mayor Farrell, Council Members
Felderman, King Pratt.
Nays-Council Member Brady.
430 Adjourned Regular Session, December 8. 1980
RESOLUTION NO. 348.80
A Resolution Approving a Contract
with Shive-Hattery and Associates for
Engineering Services for the Radford
industrial Center Proiect.
WItEREAS, Resolution No. 291-80 au-
thorized the Mayor to accept an Offer of
Grant from the Economic Development
Administration for public improvements
m the Radford Industrial Center; and
WHEREAS, Resolution No. 300-80
had authorized the selection of Shive-
Itattery and Associates of Dubuque,
Iowa. as project engineers for the design
of public facilities and other improve-
ments in the Radford Industrial Center,
and had directed the City Manager to
prepare a suitable form of contract and
scope of services for such work; and
WHEREAS, the City Manager has
transmitted a proposed form of contract
with Shive-Hattery and Associates, here-
to attached and marked Exhibit ~A';
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF TIlE
CITY OF DUBUQUE, IOWA:
Section 1. That the proposed contract
and scope of services with S hive-Hattery
and Associates of Dubuque. Iowa, hereto
attached and marked Exhibit 'A', is here-
by approved
I
Section 2. That the City Manager be ]
and he is hereby authorized and directed I
to endorse the acceptance of the City of,-[
Dubuque upo~ said contract. ]
Section 3. That the cost of engineering i
services provided for in said contract are
eligible [or reimbursement by the
Economic Development Administration
according to the approved Offer of Grant,
and that Notice to Proceed shall not be
issued under said contract prior to its
acceptance by thc Economic Develop-
ment Administration.
Passed adopted, and approved this
8th day of December, 1980.
Carolyn Farrell
Mayor
D. Michael King
Michael W. Pratl
John L. Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Eelderman moved
adopuon of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vo~c:
Yeas~Mayor Farrell, Council Members
Felderman, King. Pratt.
Nays-Council Member Brady.
Communication of City Mgr. submit-
ting Ordinance prohibiting interlcrenee
with Policemen, Firemen, and threaten
lng policemen, presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Felder
man. Carried by the following vote:
Yeas-Mayor Farrell, Council Members
Brady, Feldcrman, King, Pratt.
Nays-None.
ORDINANCE NO. 69-80
AN ORDINANCE OF THE CITY OF DU-
BUQUE, iOWA, PROVIDING THAT THE
CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA. BE AMENDED
BY REPEALING SECTION 26-5 OF AR-
TICLE I OF CHAPTER 26 THEREOF
AND ENACTING A NEW SECTION 26-5
OF ARTICLE I OF CHAPTER 26 IN LIEU
THEREOF TO PROHIBIT NTERFER-
ENCE WITH POLICEMEN, FIREMEN
AND THREATENING POLICEMEN.
presenmd and read.
Council Member Pratt moved that the
reading jus~ had be considered the first
reading of the Ordinance, Seconded by
Council Member Feldcrman. Carried by
the following vote:
Yeas-Mayor Farreg, Council Members
Brady, Felderman, King, Pratt.
Nays-None.
Cmmcil Member Pratt moved that the
rule requiring an OrUmance to be receiv-
ed and filed at two meetings prior to the
meeting when final action is taken, be dis-
pensed with. Seconded by Council Mem-
ber Felderman. Carried by the following
vote:
Yeas-Mayor Farrell, Council Members
Brady. Felderman, King, Pratt.
Nays-None.
ORDINANCE NO:69-80
AN ORDINANCE OF THE CiTY OF DU-
BUQUE, IOWA, PROVIDI ~IG THAT THE
CODE OF ORDINANCES OF THE CITY
OF DUBUQUE. IOWA, BE AMENDED
BY REPEALING SECTION 26.5 OF AR'
TICLE I OF CHAPTER 2(~ THEREOF
AND ENACTING A NEW SECTION 26-5
OF ARTICLE I OF CHAPTER 26 IN LIEU
THEREOF TO PROHIBIT INTERFER-
ENCE WITH POLICEMEN, FIREMEN
AND THREATENING POLICEMEN.
NOW THEREFORE BE IT ORDAIN'
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE. IOWA:
Section 1. That Chapter ~6 of the Cod~
of OrdO~vces ~.£ the City o1 Dubuque,
Iowa be ame~ded by repealino Section
(a) No pe?'so~l within the co?Torate
I ortnanywaym~erferewithanypoliceofi
Adjourned Regular Session. December 8. 1980 431
(b) No perso?~ shalJ c~:mmunwate, by that the reading just had be ~xmsldered
any means, any threat of bodil~ or prop-
ert~ harm to any police officer or to any
member of the officer's family during the
course of,, or as a result o~, the per-
formance of any official duty by the offi-
cer ~n which the officer is identified as
Passe& adople(~ and approved ~his
~th day of December, 1980.
Caroly~ Farrell
Mayor
James E. Brady
D. Michael King
Michael W. pratt
John L. Felderman
Cou?wil Members
A TTES T..
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 12th day of De-
cember. 1980.
Mar~ A. Davis
City Clerk
It 12/12
Council Member Pratt moved final
adoption of the Ordinance Seconded by
Council Mere,er Felderman. Carried by
the following vote:
Yeas~Mayor Farrell, Council Members
Brady, Felderman, King, Pratt.
Nays-None.
Communication of City Mgr. recom-
mending purchase of 7 additional porta-
ble radios for the Police Dept., presented
and read.
Council Member Felderman moved
that the communication be received and
filed and approved. Seconded by Council
Member Pratt. Carried by the following
Yeas-Mayor Farreil, Council Members
Brady. Felderman, King, Pratt,
Nays-None.
Communication of City Mgr. submit-
ting Ordinance regarding "Second Hand
Dealers, Pawnbrokers, and Junk Deal-
ers," presented and read,
Council Member Felderman moved
that the communication be received and
filed. Seconded by Council Member King.
Carried by the following vo;e:
Yeas-Mayor Farreil, Council Members
Brady, Felderman, King. Nays-None.
Abstain-Council Member Prat;.
An ORDINANCE AMENDING Code
of Ordinances by revising title of Chapter
22 to read "Second Hand Dealers, Pawn-
brokers, and Junk Dealers" to provide
new definitions lot same; to provide for a
definition of the transactions and types of
Goods and Materials requiring Notice
thereof, presented and read.
Council Member Felderman moved
the first reading of the Ordinance. MO.
TION DIED FOR LACK OF A SECOND
Council Member Brady moved that the
Ordinance be referred [o Council and
Police Chief. MOTION DIED FOR
LACK OF A SECOND.
Council Member Felderman moved
that this he considered the first reading
of the Ordinance. Seconded by Council
Member King. Carried by the following
Yeas-Mayor Farrcll, Council Members
Brady, Felderman, King. Nays-None.
Abstain-Conned Member Pratt.
Council Member Felderman moved
~hat the rule requiring an Ordinance to be
received and fi]ed at two meetings pmor
to the meeting when final action is taken,
be dispensed with. Seconded by Council
Member King. Carried by the following
Yeas-Mayor Farrcll, Council Members
Brady, Felderman, King. Nays~None.
Abstain-Conned Member Pratt.
Council Member Felderman moved
that a Public Hearing be held on thc Or
dinance on I 19-81 at 7:8{] o'clock P.M. in
the Council Chamber at the City Hail and
that the City Clerk be instructed [o
publish notice of the Hearing tn the man-
net required by law. Seconded by Council
Member King. Carried by *he following
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King. Nays-None.
Abstain-Council Member Pratt.
Communication of City Manager sub-
mitting Ordinance providing for regula-
tions of private haulers of Sewage and
Sewage Disposal in the Municipal Waste
water Treatment Plant, presented and
Council Member Pratt moved that th(
communication be received and Iiled.
Seconded by Council Member Felder~
man. Carried by the following vo*e:
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King. Pratt.
Nays-None.
ORDINANCE NO. 70-80
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, iOWA, BY ADDING A
NEW DIVISION 3-A OF ARTICLE II OF
CHAPTER 26 PROVIDING FOR THE
REGULATIONS OF PRIVATE HAUL-
ERS OF SEWAGE RND SEWAGE DIS-
POSAL IN THE ~IUNICIPAL WASTE-
I WATER TREATMENT PLANT, pre-
sented and read.
Council Member Pratt moved that the
reading just had be considered the firsi
432 Adjourned Regular Session, December 8. 1980
reading of the Ordinance. Seconded by
Council Member Felderman. Carried by
the following vote:
Yeas~Mayor Farrell, Council Members
Brady, Felderman. King, Pratt.
Nays-None.
Council Member Pratt moved that the
rule requiring an Ordinance to be receiv-
ed and filed at two meetings prior to the
meeting when final action is taken, be dis-
pensed with. Seconded by Council Mem-
ber Felderman. Carried by the following
vole:
Yeas-Mayor Farrell. Council Members
Brady, Felderman. King, Pratt.
Nays-None.
ORDINANCE NO. 10-80
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CITY
OF DUBUQUE. IOWA BY ADDING A
NEW DIVISION 3.A OF ARTICLE Il OF
CHAPTER 36 PROVIDING FOR THE
REGULATIONS OF PRIVATE HAUL-
ERS OF SEWAGE AND SEWAGE DIS.
POSAL IN THE MUNICIPAL WASTE,
WATER TREATMENT PLANT.
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE. IOWA:
Section 1. That the Code oy Ordinanc-
et of the City o] Dubuque, Iowa %
amended by adding a ne w Division 3-A of
Article H of Chapter 36 thereof as jbl-
"Chapter 36. Article IL
Division 3-A.
(a) Permits . All private ha~lers dis-
eharging sewage at the Dubuque Waste-
water Treatment Plan~ ~nust secure a
pe~it from the City on July 1 of each
?lean Cos t of this permit will be $.50. OO ]or
each truck]bt discharging sewage at the
Wastewater Plant.
(b] All haulers discharging sewage at
the Wastewater Treatment Plant must
sign a form prior to discharging that pro-
duct, which states the origin and type of
product, and that the product does not
contain any substance prohibited by, and
con]orms Io. the promswns of Section
36-32 "Discharge of Harmful Substanc~
Code of Ordinances. Dubuque, Iowt~
(c) Only domestic type sewage may b~
discharged at the Wastewater Treal-
~liven by the City Mamzqer for other
rypes of sewage.
(d) No industrial sewage may be di.~-
charqed at lh6 Wastewater Treatment
Plant without prior agreement with th~
City Manager.
other than from the City o] Dubuque
system, may be discharged at lite Waste-
water 7¥eatment Plant without prior
agreement with the City Mtmager,
(f) A fee of $lO. O0 dollars per load shall
b~ cha.~ed for sewage discharged at the
W~qtewater Treatment Plant.
shall upon conviction be fined not to ea:-
ceed One Hundred 15100, OOI Dollars or be
Section 3. This Ordinance shall be in
full force and eJ~bct on December 15.
1980, (~erits finclladoptio?~ and publica-
Passed~ adopte(~ and approved lhis
8th day of December. 1980.
Carolyn Farrell
James E. B~[dy
D. Michael King
John L. Felderman
ATTEST:
City Cleric
Published officially iv the Telegraph
City Clerk
lt~2/12
Council Member Pratt moved final
adoption of the Resolution. Seconded by
Council Meniber Felderman. Carried by
Yeas-Mayor Farrelk Council Members
Brady, Feldermau. King, Pratt.
Nays-None.
Communication of City Manager sub-
mitring bidding procedures for construc-
Council Member Felderman moved
that the communication be received and
filed, Seconded by Council Member
Yeas-Mayor Farrell Council Members
Nays-None.
RESOLUTION NO. 349-80
the estimated amount of $100.370.00. pre
Council Member Felderman moved
Council Member Pratt. Carried by the
following vo~e:
Yeas-Mayor l;'arrell. Council Members
RESOLUTION NO. 350-78
WHEREAS, proposed plans, specifica
prepared and approved by the City Court-
Adjourned Regular Session, December 8, 1980 433
cfi of the City of Dubuque, ~ appear and make objection to thc
now on file in the offiee of the City Clerk ] proposedplansandspecifications, l~ormof
showing among other things the' follow- I con. tract and cost of said improvement,
lng: ~ [ and the C ty Clerk be and is hereby di
(1) The lan of such improvement I retted to cause a notice of time and place
o a~ ~P~Hm~fe of the cost of the im- I of such hearing to be pubhs?.ed l~n ~so~l~le
............ -:~ ,ho Water S.nnlv I newspaperpublishedintheC~tymimou
Well No. 10, que, Iowa, which shall not be less than
BE IT THEREFORE RESOLVED
that the City Council deems it advisable
and necessary for the public welfare to
make the herein mentioned improve-
ment. and unless interested persons a;
[he time of the final consideration of this
proposed resolution have on file with the
City Clerk, objections to the proposed
plans, specifications, contract or esti-
mated cost of the improvement, they
shall be deemed to have waived all objec-
tions thereto,
Said improvement shall be constructed
and done in accordance with the plans and
specifications which have been approved
by the City Council and are now on file
with the City Clerk. That the cost and ex-
pense of making said improvement will
be paid from The Water Depreciation
Fund.
The above resolution was introduced,
approved and ordered placed on file with
the City Clerk this 8th day of December,
1980.
Approved and placed on file for final
action.
APPROVED:
Carolyn Farrell
Mayor
James E. Brady
D, Michael King
Michael W. Pratt
John L. Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved ap-
proval of the Resolution. Seconded by
Council Member Pratt. Carried by the
lollowing vote:
Yeas-Mayor Farrell, Council Members
Brady. Felderman, King, Pratt.
Nays-None.
(Fixing Date of Hearing)
RESOLUTION NO. 351-80
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its pre-
liminary approval on the proposed plans,
specifications, and form of contract and
placed same on file in the office of the City
Clerk for public inspection for the Con
struction of Water Supply Well No. 10.
NOW THEREFORE, BE IT RESOLV-
ED THAT on the 19th day of January, a
public hearing will be held at 7:30 p.m. in
the Council Chambers of the City of Du-
buque at City Hall a~ which time the ob-
jectors for the proposed improvement
four days nor more than twenty days
pr or to the day fixed tar its considera-
tion, and the City Clerk be and s hereby
directed to have published thc notice of
pendency for said improvement, and the
City Clerk is hereby directed to advertise
lor proposals ~o thc contrac;ors for the
construction of the above-mentioned im-
provement.
Passed, adopted, and approved this
8th day of December, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
Michael W. Pratt
John L. Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried b~ Lhe
following vote:
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King, Prat;.
Nays-None.
Communication of City Mgr. ~e-
questing Council to approve rental agree
meat between City of Dubuque and Five
Flags Theatre Go. for use of Five Flags
Theatre, presented and read.
Council Member Pratt moved that the
eommumcation be received and filed and
request approved. Seconded by Council
Member Brady. Carried by the following
Yeas-Mayor Farrell, Council Members
Brady, King, Pratt.
Nays-Council Member Felderman.
Communication of City Mgr. request
lng to submit a Capital Assistance Appli
cation tn DMTA and set Dr Public [lear-
lng on the publication, presented and
read.
Council Member Pratl moved that the
communication be received and filed.
Seconded by Council Member King. Car
tied by the following vo~e:
Yeas-Mayor Farrell, Councd Members
Felderman, King, Pratt.
Nays-Council Member Brady.
RESOLUTION NO. 352.80
Resolution Authorizing the Filing of an
Application with the Department of
Transportation, United States of Amer,
ica. Iora Grant under the Urban Mass
4~4
Adjourned Regular Session. December 8. 1980
Transportation Act of 1964. as Amend.
ed.
WHEREAS. the Secretary of Trans-
portation is authorized to make grants for
mass transportation projects;
WttEREAS, the contract for financial
assistance will impose certain obligations
upon the applicant, including the provi-
sion by it of the local share of project
WHEREAS. it is required by the U.S.
Department of Transportation in accord
with the provisions of Title VI of the Uivil
Rights Act of 1964. that in connection
with the filing of an application for as~
sistance under the Urban Mass Trans-
portation Act of 1964, as Amended. the
applicant give an assurance that it will
comply with Title VI of the Civil Rights
&ct of 1964 and the U.S. Department of
Transportation requirements there-
under and
WHEREAS, it is the goal of the Appli-
cant that minority business enterprise be
~tilized to the fullest extent possible ir
~onnection with this project, and that
definitive procedures shall be established
and administered to ensure that minority
businesses shall have the maximum feasi-
ble opportunity to compete for contracts
when procuring construction contracts.
supplies, equipmenl contracts, or con-
sultant and other services.
NOW THEREFORE BE IT RESOLV
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE. IOWA:
1. That Carolyn Farrell BVM. Mayor
is authorized to execute and file an appli-
cation on behalf of the City of Duhuque,
Iowa with the U.S. Department of Trans-
portation, to aid in the flnancing of two 20
ft. accessible buses.
2. That Carolyn Farrcll BVM. Mayor
is authorized to execute and file with such
application an assurance or any other doc-
ument required by the U.S. Department
of Transportation effectuating the pur-
poses of Title VI of the Civil Raghts Act of
1964
3. That William Kohler. Keyline Tran.
sit Manager. is authorized to furnish such
additional information as the U.S. De-
partment of Transportation may require
m connection with tim application or the
project.
4. Thai Carolyn FarreIl BVM, Mayor
ts authorized to set forth and execute af-
firmative minority business policies in
connection with the project's procure
Passed. adopted, and approved this
8th day of December. 1980.
Carolyn Farrell
Mayor
D. Michael King
Michael W. Pratt
Johr I,. Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. setting Hearing for
1-19-81. Seconded by Council Member
King. Carried by the following vote:
Yeas-Mayor Farrell. Council Members
Felderman. King, Pratt.
Nays-Council Member Brady.
RESOLUTION NO. 3fi3.80
Resolution Fixing a Date for Hearing on
Proposed Industrial Development
Revenue Bonds. Series 1981 (Kivlahan
Project).
WHEREAS. the City of Dubuque,
Iowa, in tile County of Dubuque. State of
Iowa (the "Isnuer" is an incorporated mu-
nicipality authorized and empowered by
the provisions of Chapter 419 of the Code
of Iowa. 1976. as amended (the "Act") in-
cluding Chapter 84 of the Laws of the
68th Iowa General Assembly, 1979 Ses
sion. ("Chapter 84") to issue revenue
bonds or no~es for the purpose of financ-
ing the cost of acquiring, by construction
or purchase, land. buildings, improve-
ments and equipment or any interest
therein suitable for the use of any com-
mercial enterprise or non-profit orgamza-
tion which this Council finds ~s consistent
with a revitalization plan for a revitaliza-
tion area which may be designated by the
City: and
WHEREAS. the Issuer is considering
a proposal to designate a certain area
which the City as a revitalization areu
and adopt a revitalization plan for such
area. all in conformity with the provisions
of Chapter 84; and
WHEREAS. the Issuer has been
quested by Kivlahan c~ Sons Constru~
tion. Inc. (the "Company"~ an Iowa cor-
poration, to issue its revenue bonds to
finance the cost of the acquisition by con
struction o, purchase of land. buildings,
equipment and improvements suitable
for use as a multi-family residential rental
facility (the "Protect") located within the
Issuer, which will promote the welfare of
the Issuer and its citizens, if the area is
designated a revitalization area: and
WHEREAS, it is proposed to finance
£he cost of the Project through the issu-
ance of Industrial Development Revenue
Bonds, Series 1981 '~Kivlahan ProjectI of
the Issuer m an aggregate principal
amount not to exceed $430~000 (the
Adjourned Regular SessiOn, December 8, 1980
435
"Bonds") and to loan said amount to the
Company under a Loan Agreement be-
tween the Issuer and the Company the
obligation of which will be sufficient to
pay the principal of and redemption pre~
tatum, if any, and interest on the Bonds as
and when the same shall be due and pay-
able; and
WMEREASi before the Bonds may be
issued, it is necessary to conduct a public
hearing on the proposal to issue the
Bonds, all as required and provided for by
Section 419.9 of the Act;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF TItE
ISSUER, AS FOLLOWS:
Section 1. This Council shall meet at
the City Hall Council Chambers in Dubu-
que, Iowa, on the 5th day of January,
1981, at 7:30 o'clock, P.M., at which time
and place a public hearing shall be held on
the proposal to issue the Bonds referred
to in the preamble hereof, at which hear-
ing all local residents who appear shall be
given an opportunity to express their
views for or against the proposal to issue
the Bonds.
Section 2. The Clerk is hereby direct-
ed to give notice of intention [o issqe the
Bonds, setting forth the amount and pur-
pose thereof, the time when and place
where the hearing will be held, by publi-
cation at least once not less than fifteen
(15) days prior to the date fixed for the
hearing~ in the Telegraph Herald, a ~tews-
paper published and having a general cir-
culation within the Issuer. The notice
shall be in substantially the following
form:
NOTICE OF INTENTION TO ISSUE
INDUSTRIAL DEVELOPMENT
REVENUE BONDS SERIES 1981
(Kivlahan Project)
The City Council of the City of Dubu-
que, Iowa, (the "Issuer") will meet on the
5th day of January, 1981, at City Hail, in
Dubuque, Iowa, at 7:30 o'clock, P.M., fro'
the purpose of conducting a public hear~
lng on the proposal to issue Industrial
Development Revenue Bonds, Series
1981 (Kivlahan Project) of the Issuer, in
an aggregate principal amount not to ex~
ced $430,000 (the "Bonds"), and to loan
said amount to Kivlahan & Sons Con-
struction, Inc. (the "Company"), an Iowa
corporation, for the purpose of defraying
the cost, to that amonnt, of the acquisition
by construction or purchase of land,
buildings, equipment and improvements
suitable for use as a multi-family residen-
tial rental facility, to be located within the
proposed area of and consistent with the
proposed revitalization plan. The Bonds,
when issued, will be limited obligations
and will not constitute general obliga-
tions of the Issuer nor will they be pay..
able in any manner by taxation, but the
Bonds will be payable solely and only
from amounts received by the Issuer
under a Loan Agreement between the
Issuer and the Company, the obligation of
which will be sufficient to pay the princi-
pal of and inherest and redemption pre.
tatum, if any on the Bonds as and when
the same shall become due.
At the time and place fixed for said
public hearing ail local residents who ap-
pear will be given an opportunity to ex-
press their views for or against the pro-
posal to issue the Bonds, and at the hear-
ing or any adjournment thereof, the Is-
suer stroll adopt a resolution determining
whether or not to proceed with the issu
anco of the Bonds.
By order of the City Counci}, this 8th
day of December, 1980.
Mary A. Davis
City Clerk
Section 3. All resolutions and parts
thereof in conflict herewith are hereby
repealed to the extent of such conflict.
Passed, adopted, and approved this
8th day of December, 1980.
Carolyn Farrell
Mayor
ATTEST:
Mary A, Davis
City Clerk
(Seal)
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member King. Carried by the following
vote:
Yeas-Mayor Farrefl, Council Members
Brady, Felderman, King, Pratt.
Nays-None.
RESOLUTION NO. 354-80
Resolution Authorizing the Issuance
and Sale of Industrial Development
Revenue Bonds, Series 1980 (CyCare
Systems, Inc. Project), in the Principal
Amount of $1,000,000, the Execution
and Delivery of an Indenture of Trust to
Secure Said Bonds, and the Execution
and Delivery of a Loan Agreement with
CyCare Systems, Inc.
WttEREAS, the City of Dubuque,
Iowa, in the County of Dubuque, (the "Is-
suer") is an incorporated municipal!ty au
thorized and empowered by the provi-
sions of Chapter 419 of the Code of Iowa,
1979, as amended (the "Act") to issue
revenue bonds for the purpose of financ-
ing the cost of acquiring, by construction
or purchase, land, buildings, improve-
merits and equipment, or any interest
therein, suitable for the use of any in-
dustry or industries for the manufactur-
ing, processing or assembling of any agri-
cultural or manufactured products or of
any commercial enterprise engaged in
storing, warehousing or distributing pro~
436 Adjourned Regular Session, December 8. 1980
ducts of agriculture, mining or industry,
or of a national, regional or divisional
headquarters facility of a company that
does multistate business', and
WHEREAS, the Issuer has made the
necessary arrangements with GyCare
Systems, Inc. (the "Company"). an Iowa
corporation, for its acquisition by con-
struction or purchase of equipment and
improvements suitable for use in the
Company's national and regional head-
quarters facility, located within the Issu-
er (the "Project"! which will promote the
welfare of the Issuer and its citizens; and
WHEREAS, it is necessary and advis-
able that provisions be made for the issu-
ance m Industrial Development Revenue
Bonds. Series 1980 (CyCare Systems,Inc.
Project) of the Issuer in the principal
amount of $1,000.000 (the "Bonds") as au-
thorized and permitted by the Act ;o
finance the cost o~ the Project to that
amount: and
WHEREAS. the Issuer will loan the
proceeds of the Bonds to the Company
pursuant to the provisions of a Loan
Agreement dated as of November l, 1980
between ;he Issuer and the Company the
obligation of which will be sufficient to
pay the principal of. redemption premi-
um, if any, and interest on ;he Bonds as
and when the same shall be duc and pay-
able: and
WHEREAS, the issuer has arranged
for the sale of the Bonds to Dain Bos-
worth Incorporated (the "Purchaser").
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF TIlE
ISSUER. AS FOLLOWS:
Section 1. In order to finance the cost
of the Prelect, Industrial Developrncm
Revenue Bonds, Series 1980 (GyCare Sys-
tems. Inc. Project) of the Issuer in the
principal amount of $1,000.000 Ithe
"Bonds") be and the same are hereby au
thorized and ordered to be issued by the
Issuer pursuant ;o an Indenture of Trust
in substantially the form attached hereto
as Exhibit A Ithe "Indenture") and con-
taining substantially the terms and provi
slons set forth therein, and the Mayor and
City Clerk are hereby authorized and di-
rected to execute and deliver the Inclen-
Section 2. The Issuer shall loan to the
Company the proceeds of the Bonds pur.
Lialiy the form attached hereto as Exhibil
B Ithe "Loan Agreemcnt")and containing
substantially the re;ms and prowstons
set forth therein, and the Mayo;and the
City Clerk are hereby authorized and di
reefed to execute and deliver thc Loan
Agreement.
Section 3. The sale of the Bonds to the
Purchaser pursuant ;o a Bond Purchase
Agreement in substantially the form ar
;ached hereto as Exhibit C (the "Bond
Purchase Agreement") and continuing
substantially the same terms and provi-
sions set forth therein is hereby author~
ized, approved and conBrmed, and the
Mayor and the City Clerk are hereby au-
thorized and directed to execute and de-
bye; thc Bond Purchase Agreement
Sacfion 4. The Preliminary Official
Statement, dated October 30, 1980. and
the [inal Official Statement dated Novem-
ber 24, 1980 (together the."Official State-
ment'') be and the same are hereby au-
thorized, and the Mayor is authorized and
directed re execute the Official State-
men~: provided thai this authorization
does not apply to tbe information with
· respect to the Company contained in the
Appendix to ;he Official Statement, bul
notbing herein shall be construed as pro-
hibiting the Purchaser from including
such information in such Appendix pu-
rsuant ;o authorization from the Com-
pany.
Section 5. The Mayo;and the City
Clerk are hereby authorized and directed
to execute any and all documents and do
any and all things deemed necessary in
order to effect the accomplishment of the
Project, the issuance and sale of the
Bonds and the execution and delivery of
the Loan Agreemem, and the Indenture
and to carry out ~he intent of purposes of
this Resolution.
Section §. The provisions of this
Resolution are hereby declared Lo be
severable and if any section, phrase or
prowsion shall for any reason be declared
to be invalid, such declaration shall not af-
fect the validity of the remainder of the
sections, phrases and provisions·
Section ?. All resolutions and parts
;hereof in conflict herewith are hereby
repealed to the extent of such conflict.
Section 8. This Resolution shall be-
come effective immediately upon its pas-
sage and approval.
Passed, adopted, and approved this
i 8th day of December, 1980.
Carolyn Far;ell
Mayor
ATTEST:
Mary A. Davis
Cit~ Clerk
(Seal)
Council Member King moved adoption
af the Resolution. Seconded by Council
Member Pratt. Carried by the following
Yeas-Mayor Farreg, Council Members
Brady, Pride;man, King, Pratt,
Nays-None.
Communication of City Mgr. recom-
mending adoption of Plumbing Code as
revised, presented and read.
Adjourned Regular Session. December 8, 1980
Council Member King moved that the
communication be received and filed.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas-Mayor Farrell. Council Members
Brady, Felderman, King, Pratt
Nays-None.
Communication of Wm. Herrig submit-
ting commen~s relative to proposed
Plumbing Code, presented and read,
Council Member King moved that the
communication be received and filed.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King, Pratt.
Nays-None.
Council Member King moved to sus.
pend the rules to let anyone present ad-
dress the Council. Seconded by Council
Member Pratt. Carried by the following
Yeas-Mayor Farrell. Council Members
Brady, Felderman, King, Pratt.
Nays-None,
Kenneth Lange, Pres. of Dubuque
Homebuilders~ requested that that or-
ganization be given a chance to provide
basic input into Ordinances affecting
Win. Herrig, of the Plumber's Union,
stated that the Uniform Code should be
adopted and accepted, and as used by the
State, until such time legislature meets in
January.
An ORDINANCE Amending Code of
Ordinances by repealing Chapter 30 and
enacting a new Chapter 30 in lieu thereof
pertaining to revising and re-enacting a
Plumbing Code for the City of Dubuque,
said Ordinance having been previously
presen~d and read at the Council Meet-
ings of 11-3-80 and 11-17-80, presented [or
final consideration.
Council Member King moved that in-
terested citizens be given an additional
ten days to submit written comments to
~he City Mgr.'s Office, that the City
Manager furnish Council with comments
the meeting of 1-5-81, and that final con-
sideration be given to the Ordinance on
January 19, 1980. Seconded by Council
Member Felderman. Carried by the fol-
lowing vote:
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King, Pratt.
Nays-None.
Communication of City Manager sub-
mitting Five Year Street Construction
Program, presented and read.
CouncilMember Pratt moved that the
communication be received and filed.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King, Pratt.
Nays-None.
437
-- RESOLUTION NO. 355-80
Resolution Approving a Tentative Five.
Year Street ConstrucBon Program and
Submitting Same to the Iowa Depart-
ment of Transportation.
WHEREAS. there has been prepared
a tentative Street Construction Program
for Fiscal Years 1981 through 1985; and
WHEREAS, said construction pro-
gram must be filed each year with the
Iowa Department of Transportation; and
WHEREAS, the City Council has re~
viewed the construction program as sub-
mitted.
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That the tentative Five-Year Street
Construction Program for Fiscal Years
1981 through 1985 be and the same is
hereby approved, and the City Clerk is
hereby authorized and directed to file the
uocumenr with the Iowa Department of
Transportation.
Passed, adopted, and approved this
8th day of December 1980.
Carolyn Far;ell
Mayor
James E. Brady
D. Michael King
Michael W. Pratt
John L. Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded by
Council Member Kipg. Carried by the fol-
lowing vote:
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King. Pratt.
Nays-None.
RESOLUTION NO. 356-80
WHEREAS, the City of Dubuque,
Iowa has received and accepted a gift
kern Anthony Rhomberg and Mary Lon-
e;gan Rhomberg, of the following de.
scribed real estate, to-wit:
Lots 1 to 14, inclusive, in Hill Stree~
Addition, in the City of Dubuque Iowa.
according to the recorded plat thereof;
and
Lo~ 1 of lot 52 of "Coriell's Dubuque"
in the City of Dubuque, according to
the recorded plat thereof; and
WHEREAS, Warranty Deed convey
lng said property has been delivered to
the City of Dubuque. Iowa: and
WHEREAS, delivery of said Deed
should be accepted, a machine copy of
which is attached hereto,
NOW THEREFORE BE IX RESOLV
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That delivery of Warranty
438 Adjourned Regular Session, December 8. 1980
Deed. dated November 6. 1980. convcy-
lng the above described real estate to the
City of Dubuque. Iowa be and thc same is
hereby accepted
Section 2. That the City Clerk be and
she is hereby directed to cause said Deed
to be recorded in the office m the Dubu~
que County recorder.
Section 3. That a certified copy of this
Resolution be transmitted to the City
Assessor. and the Dubuque County Trea-
Passed. adopted and approved this
8th day of December 1980
Carolyn Farrell
Mayor
D. Michael King
Michael W. Pratt
John L. Felderman
Council Members
ATTEST:
Mary A, Davis
City Clerk
Council Member Felderman iuoved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor Farrell, Council Members
Felderman. King, Pratt,
Nays-Council Member Brady.
Communication of City Mgr. advising
of completion of Dodge St. at Devon Dr..
Traffic Signal Improvements and re-
questing acceptance, presented and read.
Council Member Felderman moved
that the ~ommunication be received and
filed. Seconded by Council Member
Pratt. Carried by the following vole:
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King, Pratt.
Nays-None.
tA Resolution Accepting Improvement)
RESOLUTION NO. 357-80
WHEREAS the contract t'or the
D~dge Street at Devon Drive - Traffic
Signal Improvements has been com-
pleted and the City Manager has exam-
ined the work and filed his certificate
stating that the same has been completed
according to the terms of the contract,
plans and specifications and recommends
its acceptance
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That the recommendation of the City
Manager be approved and that said im-
provement be and the same is hereby ac-
cepted.
BE IT FURTRER RESOLVED. that
the City Treasurer be and he is hereby
directed to pay to the contractor from thc
funds to be realized from the Road Use
Tax and State Funds in amount equal to
the amount of his contract, less any re~
tained percentage provided for therein.
Passed. adopted, and approved this
8th day of December. 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
Michael W. Pratt
John L. Felderman
ATTEST: Council Members
Mary A. Davis
City Clerk
Counc6 Member Felderman moved
adoption of the Rcsolntion. Seconded by
Council Member Pratt. Carried by the
following vote:
Yeas-Mayor FarrelL Council Members
Brady, Fe]derman, King, Pratt.
Nays-None
Final Estimate
RESOLUTION NO. 358-80
WIIEREAS. thc contract for the
Dodge Street at Devon Drive has been
completed and the City Engineer has sub-
mitted his [ina~estimate showing the cost
thereof including the cost of estimates,
notices, mspection, and preparing thc
assessmen~ and plat,
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That the cost of said improvement is
hereby determined to be $28,516.18. That
none of the cost thereof shall be assess-
able upon private property and $28,516.18
shall be paid from the Road Use Tax and
State Funds of the City of Dubuque.
Passed. adopted, and approved this
8th day of December, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
Michael W. Pratt
John L. Felderma~
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 FarrelL Council Members
Brady, Felderman. King, Pratt.
Nays-None.
Communication of City Mgr. advising
completion of Cooper Steps Lighting Pro
ject and recommending acceptance, pre-
sented and read.
Council Member Brady moved that the
communication be received and filed.
Seconded by Council Member King Car-
ried by the following vote:
Yeas-Mayor FarrelL Council Members
Brady, Felderman. King, Pratt.
Nays-None.
Adjourned Regular Session, December 8, 1980 439
(A Resolution Accepting Improvement)
RESOLUTION NO. 359-80
WHEREAS, the contract for the
Cooper Street - Lighting has been com-
pleted and the City Manager has exam-
ined the work and filed his certificate
stating ~hat the same has been completed
according ~o the terms of the contract,
plans and specifications and recommends
its acceptance.
NOW THEREFORE BE [T RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That the recommendation of the City
Manager be approved and that said im-
provement be and the same is hereby.ac-
cepted.
BE IT FURTHER RESOLVED, that
the City Treasurer be and he is hereby
directed to pay to the contractor from the
Community Development Fund in
amount equal to the amount of his con-
tract, less any retained percentage pro-
vided for therein.
Passed, adopted, ~nd approved this
8th day of December. 1980.
Carolyn Farreli
Mayor
James E. Brady
D. Michael King
Michael W, Pratt
John L. Felderman
Council Members
ATTEST:
Mary ~.. Davis
City Clerk
Council Member Brady moved adop-
tion of the Resolution. Seconded by Coun-
cil Member King. Carried by the follow-
lng vote:
Yeas~Mayor FarrelL Council Members
Brady, Felderman, King. Pratt.
Nays-None,
Final Estimate
RESOLUTIOI~ NO, 360.80
WHEREAS, the contract for the
Cooper Steps - Lighting has been com-
pleted and the City Engineer has sub-
mitted his final estimate showing the cost
thereof including the cost of estimates.
notices, inspection, and preparing the
assessment and plat,
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF TIlE
CITY OF DUBUQUE. IOWA:
That the cos! of said improvemenL is
hereby determined to be $6.035.50.
That none of the'cost thereof shall be
assessable upon private property and
$6.035.50 shall be paid from the Commu-
nity Development Fund.
Passed, adopted, and approved this
8th day of December, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
Michael W. Pratt
John L. Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Brady moved adop.
tion of the Resolution. Seconded by Coun-
cil Member King. Carried by the follow-
ing vote:
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King, Pratt.
Nays-None~
Communication of City Mgr. advising
of completion of City Hall Roof project
and ~ecommendlng acceptance, pre~
sented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King, Pratt,
Nays-None.
(A Resolution Accepting Improvement)
RESOLUTION NO, 361.80
WHEREAS, the contract for the New
Roof and Gutter System for City Hall has
been completed and the City Manager
has examined the work and filed his eer~
tificate stating that the same bas been
completed according to the terms of the
contract, plans and specifications and re-
commends its acceptance,
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That the recommendation of the City
Manager be approved and thai said im-
provement be and the same is hereby ac-
cepted.
BE IT FURTHER RESOLVED, that
the City Treasurer be and he is hereby
directed to pay to the contractor from the
funds to be realized from the General
Fund upon the above described improve-
ment in amount equal to the amount of his
contract, less any retained percentage
provided for therein.
Passed. adopted and approved this
8th day of December. 1980.
Carolyn Farrell
Mayor
James E, Brady
D. Michael King
Michael W. Pratt
John L, Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
440 Adjourned Regular Session, December 8, 1980
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Felderman. Carried by the fol-
lowing vote:
Yeas-Mayor Farrell. Council Members
Brady, Felderman. King, Pratt.
Nays-None.
Final Estimate
RESOLUTION NO, 362-80
WHEREAS the contract for the New
Roof and Gutter System for City Hall has
been completed and the City Engineer
has submitted his final estimate showing
the cost thereof including the cost of esti-
mates, notices, inspection, and plat,
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, 10WA:
That the cost of said improvement is
hereby determined to be $54.334.48.
That none of the cost thereof shall be
assessable upon private properly and
$54.334.48 shall be paid from the Genera[
Fund of the CiLy of Dubuque.
Passed. adopted, amt approved this
8th day of December. 1980,
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
Michael W. Pratt
John L. Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Felderman. Carried by the fol-
lowing vote:
Yeas-Mayor Farrelh Council Members
Brady, Felderman. King, Pratt.
Nays-None.
Communication of City Mgr. advising
of completion of City Hall Tuckpointing
Project and recommending accepLance,
presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Felder-
man. Carried by the following vote:
Yeas-Mayor Farrelh Council Members
Brany, Felderman. King, Pratt.
Nays-None.
(A Resolution Accepting Improvement)
RESOLUTION NO, 363*80
WItEREAS. the contract for the Re-
placement of Brick. Tuckpointing, Water.
proofing and Painting of Trim and Doors
of City Hall has been completed and the
City Manager has examined the work and
filed his certificate stating that the same
has been completed according Lo the
Lerms of the contract, plans and specifica-
tions and recommends its acceptance,
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That the recommendation of the City
Manager be approved and that said im-
provement be and the same is hereby ac-
cepted,
BE IT FURTHER RESOLVEI~. that
the City Treasurer be and he is hereby di-
rected to pay to the contract from the
General Fund in amounL equal to the
amount of his contract, less any retained
percen[age provided for therein.
Passed. adopted, and approved this
8th day of December. 1980.
Carolyn Farrel]
Mayor
James E. Brady
D. Michael King
Michael W. Pratt
John L. Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Felderman. Carried by the fol-
lowing vo~e:
Yeas-Mayor Farrell. Council Members
Brady, Felderman. King, Pratt.
Nays-None,
Final Estimate
RESOLUTION NO. 364-80
WHEREAS. the conu'ac~ for the Re~
placement of Brick. Tuckpointing, Water-
proofing and Painting of Trim and Doors
of City Hall has been completed and the
City Engineer has submitted his final
estimate showing the cost thereof includ-
ing the cost of estimates, notices, inspec-
tion. and preparing the assessment and
plat,
NOW TItEREFORE BE IT RESOLV
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That the cost of said improvement is
hereby determined to be ~23.225.00.
That none of the cos~ thereof shall be
assessable upon private property and
$23.225.00 shall be paid from the Genera]
Fund of the City of Dubuque.
Passed. adopted, and approved this
8th day of December. 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
Michael W. Pratt
John L. Felderman
Council Members
ATTEST:
Mary A. Dsvis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Adjourned Regular Session. December 8, 1980 441
Member Felderman. Carried by the fol-
lowing vote:
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King, Pratt,
Nays-None.
An ORDINANCE Establishing Jack-
son Park Urban Revitalization Area pur-
suant to requirements of House File 81.
enacted by the 69th General Assembly of
the State of Iowa, said Ordinance having
been presented and read at the Council
Meeting of 11-17-80, presented and read.
Council Member Pratt moved that this
reading be considered the second reading
of the Ordinance, Seconded by Council
Member King. Carried by the following
Yeas-Mayor Farrell, Council Members
Brady, Felderman. King. Pratt.
Nays-None.
An ORDINANCE Amending the Code
of Ordinances by repealing Chapter 20
and enacting a new Chapter 20 in lieu
thereof ro re-establish a Housing Code,
said Ordinance having been presented
and read a! the Council Meeting of
11-17-80, presented and read.
Council Member Pratt moved that this
reading be considered the second reading
of the Ordinance. Seconded by Council
Member Felderman. Carried by the roi-
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King, Pratt.
Nays-None.
An ORDINANCE Establishing the fee
schedules for operating licenses of rental
dwellings, inspection of certain dwellings
and re-inspection of certain dwellings in
all areas under jurisdiction of the govern-
ment of the City of Dubuque. said Ordi-
nance having been presented and read at
~he Council Meeting of 11-17-80. pre-
sented and read,
Council Member Pratt moved that this
reading be considered the second reading
of the Ordinance, Seconded by Council
Member Felderman. Carried by the fol-
lowing vote:
Yeas-Mayor Farrell. Council Members
Brady, Felderman, King, Pratt.
Nays-None.
An ORDINANCE Providing Code of
Ordinances be amended regarding Drug
Paraphernalia, prohibiting the use. de-
deliver or the advertisement pi Drug
Paraphernalia, said Ordinance having
bee~ presented and read at the Council
Meeting of 11-17-80, presented and read.
Council Member Felderman moved
that this reading be considered the se-
cond reading of the Ordinance. Seconded
by Council Member King. Carried by the
following vote:
Yeas-Mayor Farrcll, Council Members
Brady, Felderman, King. Nays-None.
Abstain-Council Member Pratt.
Petition of Lucky Stores. Inc. d/bin
Eagle Discount Supermarkets #144
questing transfer of Class "C" Beer Per-
mit from 3033 Asbury Rd. to 2050 J.F.K.
Road effective Dec. 14, 1980. presented
and read.
Council Member Felderman moved
that the transfer be approved. Seconded
by Council Member Pratt. Carried by the
following vote:
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King, Pratt.
Nays-None.
RESOLUTION NO. 365-80
BE IT RESOLVED, By the City Coun-
cil of the City of Dubuque, Iowa, that the
following, having complied with the pro~
visions of law relating to the sale of Cigar-
eries within the City of Dubuque, Iowa.
be granted a permit to sell Cigarettes and
Cigarette Papers within said City.
Bucko's West. Inc. - 925 Century Dr,
Beverly L. Noonan -- 400 Central Ave,
Donald Ingles 1404 Pine St.
Passed, adopted, and approved this
8th day of December. 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
Michael W. Pratt
John L. Felderman
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 Farrell. Council Members
Brady, Felderman. King, Pratt.
Nays-None.
RESOLUTION NO. 366.80
WHEREAS. Applications for Beer
Permits have been submitted and filed to
this Council for approval and [he same
have been examined and approved: and
WHEREAS, The premises to be occu
pied by such applicants were inspected
and found to comply with the Ordinances
of this City and have filed proper bonds:
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE. IOWA:
That the Manager be authorized ~o
cause to be issued to the following named
applicants a Beer Permit,
CLASS "S" BEER PERMIT
Clarke College - 1550 Clarke Drive.
442 Adjourned Regular Session. December 8. 1980
CLASS "C" BEER PERMIT
Angel Investment Co..Also Sunday
Sales, - 2699 Rockdale Rd.
Osco Drug, Inc, - 703 N, Main St.
Earl Tegeler ,Also Sunday Sales)
2311 Windsor Ave.
Revco Discount Drug Centers of Iowa,
Inc. (Also Sunday Sales) - 3049 Asbury
St,
Passed. adopted, and approved this
8th day of December. 1980.
Carolyn Farrell
Mayor
James E. Bra~iy
D. Michael King
Michael W. Pratt
John L. Felderman
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 vo~e:
Yeas-Council Members Brady, Folder-
man. Pratt.
Nays-None.
Abstain~Council Member King on
Angel Investment Co.: Mayor Farre3 on
Clarke College.
RESOLUTION NO. 367-80
WHEREAS. Applications for Liquor
Licenses have been submitted Lo this
Council for approval and the same have
been examined and approved: and
WHEREAS. The premises to be occu-
pied by such applicants were inspected
and found ~o comply with the State Law
and all City Ordinances relevant thereto
and they have filed proper bonds:
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued to the following named
applicants a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Gregory J. Adams and Jeffrey T. Mag-
glo -- 1064-1070 University.
Benevolent & Protective Order of Elks
a297 - 2699 John F. Kennedy.
Joseph F. Bleile - 2600 Central Ave.
Angelina &. Bertollni (Also Sunday
Sale~ -- 1298 Main St.
David H. Hoffman -- 450 W. Locust St.
The Moracco. Inc. - 1413 Rockdale
Rd.
Kachevas Inc. (Also Sunday Salesl -
665 Dodge St.
Norene J. Miliman IAlso Sunday Sales)
- 601 Rhomberg Ave.
John Richman & Robert Spiegel(Also
Sunday Sales) - 1080 University Ave.
Steven T. Schnee -- 1902 Central Ave.
David A. Ungs (Also Sunday Sales~ --
2987 Jackson St.
David Wetter & Joseph McGinis,Also
Sunday Sales) -- 951 Main St.
Passed. adopted, and approved this
8th day of December. 1980.
Carolyn Farreli
Mayor
James E. Brady
D. Michael King
Michael W. Pratt
John L. Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded by
Council Mem~oer Pratt. Carried by the
following vote:
Yeas-Mayor Farre0. Council Members
Brady, Felderman. Krug, Pratt.
Nays-None.
FIESOLUTION NO. 368-80
WHEREAS. Applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved, and
WHEREAS. The premises to be occu-
pied by such applicants were inspected
and found ~o comply with the State Law
and all City Ordinances relevant thereto
and they have filed proper bonds:
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That the Manager be authorized ro
cause to be issued to the following named
applicants a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
MiNa. Inc. (Also Sunday Sales) -- 2620
University Ave.
Bucko's West Inc. -- 925 Century Dr.
Beverly L. Noonan -- 400 Central Ave.
Passed. adopted and approved this
8th day of December. 1980,
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
Michael W. Pratt
John L. Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution subject to ac-
ceptance of agreement regarding paving
parking lot (Bucko's Wes~. Seconded by
Council Member Pratt. Carried by the
following yore:
Yeas-Mayor Farrell, Council Members
Felderman. King, Pratt.
Nays-Council Member Brady on
Bucko's.
Adjourned Regular Session, December 8, 1980
Communication of City Manager ad-
vising o£ plans to purchase an additional
400 parking meters, presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member King. Car-
ried by the following vote:
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King, Pratt.
Nays~None.
Petition of West Side Business & Pro-
fessional Assoc. of Dubuque expressing
disapproval to requiring a raised median
strip in Kennedy Rd, between its inter-
sections with Hillcrest Rds. on the north
and south as a condition of the approvalof
the C-6 Zoning classification of HRW pro-
perty, presented and read.
Council Member King moved that the
petition be received and filed. Seconded
by Council Member Brady. Carried by
the following vote:
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King, Pratt.
Nays-None.
MINUTES SUBMITTED: Airport
Comm. of 1149, Cable TV Comm. of 1L4,
Civil Service Comm. of 10-29, 11-10 &
11-18, Electrical Ex. Bd. of 11-12, Five
Flags Comm. of 11-17, Housing Comm. of
11-18, Housing Comm. Review Comm. of
11-18, Library Bd. of Trustees of 10-~
10-14, 10-30, Plumbing Bd. of 10-30, Park
Bd. of 10-2, 10-30, 11-14, Recreation
Comm. of 11-1, Transit Bd. of 10-9, Key~
line Earnings Statement for month of
Oct. 1980, Zoning Bd. of Adjustment of
7-17, 7-31, 8-21, P & Z of 11-19, presented
and read,
Council Member Pratt moved that the
minutes be received and filed. Seconded
by Council Member Feiderman. Carried
by the following vote:
Yeas-Mayor Farrell, Coune0 Members
Brady, Felderman, King, Pratt.
Nays~None.
Communication of Transit Bd. inviting
Council to their regular meeting on
12-11-80, presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Folder-
man. Carried by the following vote:
Yeas-Mayor Farrel!, Council Members
Brady, Felderman, King, Pratt.
Nays-None.
Petition of Mr. Francis J. Brandel et al
(23 s~gners) objecting to changing their
street (Euclid) name, presented and read.
Council Member Felderman moved
that the petition be referred to Council
and Staff. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Farrell, Council Members
Brady; Felderman, King, Pratt.
Nays-None.
443
C-~ommunication of Peoples Natural
Gas Co. submitting revised rate for
natural gas service effective 11-18-80,
presented and read.
Council Member Pratt mo~ed that the
communication be received and filed.
Seconded by Council Member Folder-
man, Carried by the following vote:
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King, Pratt.
Nays-None.
REFUNDS REQUESTED: Marie
Becket, $211.25 on unexpired Liquor Li-
cense, Mike Diamondakis requesting $50
on unexpired Cigarette License, Charles
E. Draeger, requesting refund of $50 on
unexpired Cigarette License, presented
and read.
Council Member Pratt moved that the
requested be approved and City Auditor
directed to issue proper checks. Second-
ed by Council Member Felderman. Car-
ried by the following vote:
Yeas~Mayor Farrell, Council Members
Brady, Felderman, King, Pratt.
Nays~None.
Proof of Publication, certified to by the
Publisher, of Notice of Filing of the Final
Plat and Schedule of Assessments for
construction of City of Dubuque 1980
Asphalt Paving Project No. 1, presented
and read.
Council Member Pratt moved that the
~roof of publication be received and filed.
Seconded by Council Member Folder-
man. Carried by the following vote:
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King, Pratt.
Nays-None.
Certificate of City Clerk certifying
notices were mailed to known property
owners for above on 11-17-80, presented
and read.
Council Member Pratt moved that the
certificate be received and filed. Second~
ed by Council Member Felderman. Car-
ried by thc following vote:
Yeas-Mayor Farrell, Council Members
Brady, Felderman; King, Pratt.
Nays-None.
Communication of City Mgr. submit
ting reports for month of Oct., 1980, and
proof of publication, certified to by the
Publisher, of Receipts and Disburse-
ments and List of Claims for month of
Oct. 1980, presented and read.
Council Member Pratt moved that the
communication and proof of publication
be received and filed. Seconded by Coun-
cil Member Felderman. Carried by the
following vote~
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King, Pratt.
Nays-None,
NOTICES OF SUITS & CLAIMS:
Julian G. Nemmers, in amt. of $1,000,000
444 Adjourned Regular Session. December 8. 1980
for damages relating to delayed develop-
ment of his property; Sr. M. Rosalie Tho-
mann. $59.84 for personal injuries; Virgil
Weimerskirch. in undetermined amt, for
personal property damages and personal
injuries, presented and read.
Council Member Pratt moved that thc
claims and suits be referred to the Cot
poration Counsel. Seconded by Conned
Member Felderman. Carried by thc
lowing vote:
Yeas-Mayor Farrelh Council Members
Brady. Feldcrman, King, Pratt.
Nays-None.
Communication of Counsel for Missis
s~ppi Valley Airlines. Inc., submitting
Notice of ln~ent to suspend Nonstop and
Single-plane service on or after 60 days
between LaCrosse. Winona. Minn. and
I)ubu~ ne, Ia., presented and read.
Counci Member Pratt moved that the
communication be referred to the Air-
port Commission. Seconded by Council
Member Fe[derman. Carried by thc for
lowing vote:
Ycas~Mayor Farrelh Council Members
Brady. Felderman. King. Pratt.
Nays-None.
Communication of Jack Jones Exca-
vating Co. requesting to excavate m
s~reet al, 2719 Jackson St. to repair
broken water service, presented and
read.
Council Member Pratt moved that the
communication be received and filed and
request approved. Seconded by Council
Member Felderman. Carried by thc
lowing vote:
Yeas-Mayor Farrell. Council Members
Brady, Felderman. King Pratt.
Nays-None.
There being no further business. Coun
cfi Member Felderman moved to adjourn.
Seconded by Council Member Pratt. Car-
ried by the following vote:
Yeas-Mayor Farrell. Council Members
Brady, Felderman. King. Pratt
Nays-None.
Mary A. Davis
City Clerk
Approved ........................................... 1981
Adopted ............................................. 1981
Counril Members
ATTEST:
City Clerk
Special Session. December 22, 1980
445
CITY COUNCIL
OFFICIAL
Special Session, December 22. 1980.
Council met at 7:45 P.M. (C.Sff.)
Present-Mayor FarrelL Council Mem.
bers Brady, Felderman. King, Pratt.
City Manager W. Kenneth Gearhart.
Corporation Counsel R. N. Russo.
Mayor Farrell read the call and stated
that service thereof had been duly made
and this meeting is called for the purpose
to conduct a Public Hearing on an Ordi~
nance prohibiting the use. delivery, or
possession with in~ent to use. or deliver
drug paraphernalia or the advertisement
of drug paraphernalia and acting upon
such other business which may properly
come before the City Council.
Invocation was given by Rev. Ron Voss
of Lord of Life Lutheran Church,
Proof of Publication, certified to by the
publisher, of Notice of Public Hearing ;o
amend Code of Ordinances by instituting
a new Article in Chapter 26, pertaining to
Drug Paraphernalia, presented and read.
Council Member King moved that the
proof of publication be received and filed.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas-Mayor Farrell. Council Members
Brady, Felderman, King, Pratt.
Nays-None.
Communication of Peter Gaul et al (106
signersl residents of Dubuqueland area.
supporting adoption of drug parapher-
nalia, presented and read.
Council Member King moved that the
communication be received and filed.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas-Mayor Farrell. Council Members
Brady, Felderman. King, Pratt.
Nays-None.
Communication of Wm. B. Jones et al
(23 signers) objecting to need of a drug
paraphernalia law, presented and read.
Council Member King moved that the
communication be received and filed,
Seconded by Council Member Brady.
Carried by the following vote:
Yeas-Mayor Farrell. Council Members
Brady, Felderman. King, Pratt.
Nays-None.
Council Member Pratt moved to sus-
pend the rules to let anyone present ad-
dress the Council if they so desire.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas-Mayor Farrell. Cmincil Members
Brady, Felderman. King, Pratt.
Nays-None.
David Strom of 974 Indian Ridge, ad-
dressed the Council as being in strong
support of the proposed Ordinance.
Mike Lair spoke against the proposed
Ordinance; was of opinion this would not
stop the use of drugs.
Bob Rogers of 2519 Washington
Street. expressed support of proposed
Ordinance and requested control of para-
phernalia.
Bill Hammel of 997 Riker St, stated
;hat in a small way the passage of the Or-
dinance would hopefully do some good.
An ORDINANCE Amending Code of
Ordinances by instituting a new Article
in Chapter 26, said Article to be number-
ed Article VIII-Drug Paraphernalia, pro-
hibiting the use, delivery, or possession
with intent to use, or deliver drug para-
phernalia or the adv6rBsement pf drug
paraphernalia, presented and read.
Council Member King moved that the
Ordinance be referred to Corporation
Counsel for further advice to be received
no later than February 2, 1981. Seconded
by Council Member Brady. Carried by
the following vote:
Yeas-Mayor Farrel!, Council Members
Brady, Felderman, King. Nays-None.
Abstain~Council Member Pratt.
Proof of Publication, certified to by the
Publisher, of Notice of Public Hearing to
amend Code of Ordinances by repealing
Chapter 20 and enacting a new Chapter
20 in lieu thereof, to establish a Housing
Code for the City of Dubuque, presented
and read.
Council Member Felderman moved
that the proof of publication be received
and filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Farre]l, Council Members
Brady, Felderman, King, Pratt.
Nays-None.
ORDINANCE NO. 71.80
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA, BY REPEALING
CHAPTER 28 AND ENACTING A NEW
CHAPTER 20 IN LIEU THEREOF; TO
RE. ESTABMSH MODERN MINIMUM
HEALTH, SAFETY AND WELFARE
STANDARDS GOVERNING THE MAIN-
TENANCE AND OCCUPANCY OF ALL
DWELLINGS AND DWELLING UNITS
LOCATED IN ALL AREAS UNDER THE
JURISDICTION OF THE GOVERN-
MENT OF THE CITY OF DUBUQUE AS
MANDATED BY THE STATE OF IOWA
HOUSE FILE 2536 (68 G.A. 1979): TO
ESTABLISH MINIMUM RESIDENTIAL
HOUSING STANDARDS, OPERATING
LICENSES FOR CERTAIN DWELL.
INGS, RESIDENTIAL HOUSING IN-
SPECTIONS, FEE STRUCTURE FOR
OPERATING LICENSES AND RESI-
DENTIAL HOUSING INSPECTIONS,
PROVIDING FOR THE COLLECTION
OF FEES; PENALTIES AND PROCE-
Special Session, December 22, 1980 447
446
DURES FOR ABATING VIOLATIONS-
AND THE ADMINISTRATION AND EN-
FORCEMENT OF THE STANDARDS
OF THE U.S. DEPARTMENT OF HOUS-
lNG AND URBAN DEVELOPMENT,
CHAPTER 24 OF THE CODE OF FED-
ERAL REGULATIONS PART 882.109
lA) THROUGH (L), AND THE CODE OF
IOWA: DECLARING CERTAIN NUI-
SANCES UNLAWFUL: AND PROVID-
lNG PENALTY FOR THE VIOLATION
THEREOF. said Ordinance having previ-
ously been presented and read at the
meetings of November 17 and December
8. 1980. presented for final adoption.
ORDINANCE NO. 71-80
TABLE OF CONTENTS
Article I. General Provisions
Article II - Definitions
Article Ill. Organization and Enforce-
ment
Article IV - Licenses. Inspections and
Fee Structure
Article V- Food Preparation, Sanitation
Facilities. Condition and Retuse Dis-
posal
Article VI - Mechanical Requirements
Article VI1 - Structural Requirements
AHIcle VIII - Access and Egress
Article IX. Fire Protection
Article X · Substandard Buildings,
Dwelling Units, and Lots Defined
Article XI. Notices and Orders
Article XII - Housing Code Appeals
Board
Article XIII - Procedure for Hearing Ap-
peal
Article XIV - Enlorcement of the Order
of the Health Officer
Article XV - Performance of Repair or
Demolition
Article XVI - Recovery of Cost of Repair
or Demolition
Article XVll -- HUD Housing Quality
Standards
Article XVlII - Abrogation, Repeal and
Validity
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF TH E CITY
OF DUBUQUE, IOWA BY REPEALING
CHAPTER 20 AND ENACTING A NEW
CHAPTER 20 IN LIEU THEREOF; TO
RE. ESTABLISH MODERN MINIMUM
HEALTH, SAFETY, AND WELFARE
STANDARDS GOVERNING THE MAIN-
TENANCE AND OCCUPANCY OF ALL
DWELLINGS AND DWELLING UNITS
LOCATED IN ALL AREAS UNDER THE
JURISDICTION OF THE GOVERN.
MENT OF THE CITY OF DUBUQUE AS
MANDATED BY THE STATE OF IOWA
HOUSE FILE 2536 (68 G.A. 1979): TO
ESTABLISH MINIMUM RESIDENTIAL
HOUSING STANDARDS. OPERATING
LICENSES FOR CERTAIN DWELL-
INGS, RESIDENTIAL HOUSING IN-
SPECTIONS. FEE STRUCTURE FOR
OPERATING LICENSES AND RESI-
Special Session, December 22, 1980
-~NTIAL HOUSING INSPECTIONS.
PROVIDING FOR THE COLLECTION
OF FEES: PENALTIES AND PROCE.
DURES FOR ABATING VIOLATIONS,
AND THE ADMINISTRATION AND EN.
FORCEMENT OF THE STANDARDS
OF THE U.S. DEPARTMENT OF HOUS-
lNG AND URBAN DEVELOPMENT,
CHAPTER 24 OF THE CODE OF FED-
ERAL REGULATIONS PART 882.109
lA} THROUGH (L), AND THE CODE OF
IOWA: DECLARING CERTAIN NUI-
SANCES UNLAWFUL; AND PROVID-
lNG PENALTY FOR THE VIOLATION
THEREOF.
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE. IOWA THAT THE
CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA BE AMENDED
BY REPEALING CHAPTER 20 THERE-
OF AND ADDING A NEW CHAPTER 20
THEREOF TO READ AS FOLLOWS:
CITY OF DUBUQUE
CODE OF ORDINANCES
CHAPTER 20
"RESIDENTIAL HOUSING CODE"
ARTICLE I
GENERAL PROVISIONS
Section 20-1.01 Title: This ordiv/ance
~hall be Icnown as the "City of Dubuqu~
Residential Housina Code," ',~" th~
"Housin~ Code:" may be cited as such,
ana will be referred to herein as "this
code,"
Section 20.1.02 Legislative Findings:
It is hereby found that there exist and
may in the future exist ~n any area
under jurisdiction of the government of
the City af Dubuque, buildings, dwell-
rags, dwelling u~its, premtses, or vacant
lots. or parts thereat as defined herei~
which b~ reason of their structure, build-
tnt serwce equipment, sanitation facili-
fect or are likel~ to affect adversely the
health, sajb[y a~l general welfare of the
fu61ic a'nd the owners or occupants o]
dwellings. To correct and prevent the
existence ,~f such adverse condition~, and
w achieve and matntain such levels of
,esidential environmental quality as will
orotect a~d vron~ote public health, sa]~
tbund that the · stablishment ~n~ en-
rorcemen~ of minimum residentiaJ hous-
ing standards are r~ quired.
Section 20.1.03 Purposes: The purpos~
and amount of space for human occupan-
cy; and for an adequate level of ma!n!e,~
r~nce: determination of the respons~bu~
ties of owners, operators and occupants
o! dwellings; and provision for the ad-
mi~istration and enjorcement thereo~
Section 20-1.04 Scope:
la) Application: The provision= of this
Code shall apply to all buildings or por-
twns thereof designed, used, or intended
to be used, for human habitatla~ Buibt-
~ng~ in existence at the time ~f passage Dj
this Code may have their constructio~
desig~ arrangement, use, occupancy,
and service equipment continued if such
was legal at the time of construction or
installatio~ provided they are not pre-
sently likely to endanger the life, limb,
health, or safety of the building occu-
pants or owners, or the public in general
Every room in any building classified in
whole or i~ part as a dwelling, including
every room in all other occupancies in the
Jame building shall comply with all the
provisions of this Code for dwellings and
all other applicable provisions pursuant
thereto. [See Section
lb) Alteration: Existing buildings and
existing building service equipment
~,hicb are altered or enlarged shall be
made to co,form ~o this Code.
ARTICLE II
DEFINITIONS
Section 20-2.01 Definitions.
For the purpose of this Code, certain ab-
5reviatwns, terms, phrases, words and
!heir derivatives shall be construed as
specified in this Code. Words used in the
singular include the plural and the plural
the singular. Words used in the mascu-
line gender include the feminine and the
feminine the masculine.
The word "shall" is always manda-
toryand not merely directory. Where
[erms a~'e not specifically defined herein
they shall have their ordinarily accep!ed
meaning, or such as the context may
ply.
ACCESSORY BUILDING OR STRUC-
TURE shall mean a detached building or
~ructure in a secondary or subordinate
capactry from the main or principal ~uild.
tnt o~ structure on the same premises.
ADMINISTRATIVE AUTHORITY is the
Health Officer of the City af Dubuque,
Iowa.
ALTER or ALTERATION is any change
or modiflcatio~ in construction or build-
mg service equipment
APARTMENT shall mean a dwelling unit
as defined in this Chapter,
APARTMENT HOUSE is any building, or
portion thereof, which is designed, builL
rented, leased, l~ I or hired out to be occu-
pied, or which is occupied as the home or
residence of three 13) or more families
living independently of each other and
doin~ their own c o]~ing in the said build-
ing, and shall inclnde flats and apart-
APPROPRIATE AUTHORITY shaII mean
that person within the governmental
structure of the corporate unit who is
charged with the administration af the
ED shall mean approved by the
local or state authority having such (ld-
ministrative authority.
~,TTIC shall mean any story situated
wholly or partly within the roof, and so
designed, arranged or built as to be used
for storage, or habitation. In
the case af private dwellings and two.
family dwellings an "attic" or space in a
sloping roof, if not occupied for living
shall not be counted as a story.
In the case of multiple dwellings an attic
room shall be counted as a story if used
urposes,
BASEMENT shall mean that portion of a
building partly underground having at
least one-fourth Iq~/ of its height above
the ndjoining ground level
BOARDING HOUSE is a lodging house
in which meals are provided.
BUILDING is any structure used ,r in-
tended for supporting or sheltering any
use or occupancy.
BUILDING, EXISTING is a building
erected prior to the adoption af this Or-
dbmnce.
BUILDING OFFICIAL is the Building
Commissioner of the City af Dubuque,
~UILDING SERVICE EQUIPMENT re-
fers to the plumbing, mechanica~ electri-
cal and elevator equipment essential for
the habitable occupancy of the building.
CEILING HEIGHT shall be the clear ver-
tical distance from the finished floor to
the finished ceiling.
CELLAR shall mean a story having less
than one-fourth (q~/ its height above ad-
ground level
CENTRAL HEATING SYSTEM shall
mean a single system supplying heat to
one ll/or more dwelling unit[s/or more
than one 11~ rooming unit.
CHIMNEY shall mean a vertical masonry
shaft af reinforced concrete, or other ap-
proved noncombustible, heat-resisting
material enclosing one tll or more flaes,
,urpose af removing products
~ombus tion fr~lm solid, liquid or gaseous
DILAPIDATED shall mean no longer ade-
quate for the purpose or use for which it
was originally intended,
I'ORY shall ~nean a building or
of rooms in a building used for i~
stitutional living and sleeping purposes
by four l]~t or more persons.
448 Special Session, December 22, 1980
DWELLING shall ~nean a~. house
buit~ting or portion thereo]'whieh is occu-
pied in whole or in part as a home or rest-
DWELLING CLASSIFICATIOI~ For the
purpose of this chapte~ dwellings are
div~ed into the followin~ closses:
(a) PRIVATE DWELLING OR SINGLE-
FAMILY DWELLING: A bui~ing with
,~om excluding built-itl equipment such
a,~ wardrobes, cabinets kitchen units or
eixtures.
FLUSH WATER CLOSET shall mean a
toilet bowl which is ~ushed witk water
GARBAGE shall mean animal and vege.
lable waste.
GRADE shall mean the finished ground
level adjacent to a required window.
HABITABLE ROOM shall mean a roow
or enclosed floor space used or intended
lo be used for living, sleeping, cooking, or
eating purposes
HEALTH OFFICERis the duly deputized
Officer for the purposes of ndministering
and en]orcma the proviswns of Chapter
20 of the Code of Ordinamces of the City of
Dubuque. [owc~
HEATING DEVICE shall mean all fu~-
tots. cooking and heating stoves and
ranges, and other similar devicex
HOT WATER shall be water at a tempe?~
a~ure of not less than ~0 degrees
Fahrenheit or ~9 degrees Celsius.
HOTEL is any buildinq containin9 s~x or
to be used. or which are used. rented or
hired out to be occupied, or which are
cupied for sleepzng purposes by guests.
~See DWELLING CLASSIFICATIONi
JURISDICTION as used in this Code. is
any political subdivision which adopts
this Code for administrative regulations
within its sphere of authority.
KITCHEN shall mean any room used for
the storage and preparatwn o] foods
KITCHENETTE shall mean a small kit~
('hen or an alcove containing cooking fa-
cilities.
LEAD-BASED PAINT shall mean any
paint containing more lead than the level
established by the lAS. Consumer Pro-
duct Safety Commission as being the
"safe' level of lead in residential paint
and pa~n[ products
LICENSE i~, ano~licilddacumentorcerti-
.ficate by the Health Officer authorizing
perJb~'mance ufa specified activity.
LODGING HOUSE is any buildina or
portion thereof containing not more than
Jive guests where rent is paid.
MECHANICAL CODE shall mean the
Heating, Ventilatin9 and Air-Condition.
lng Code adopted a~u] amended by Chap
!er 19 of the Code o! Ordinances of the
City of Dubuque.
MIXED OCCUPANCY shall r~' to a
building which is occupied only in part as
a dwelling.
MOTE1 shall mean hotel as defined in
this Code
MULTIPLE DWELLING shall mean any
dwelling containing Ikre~ t3t or mor~
dwellaq units. ISee DWELLING CLAS-
Special Session. December 22. 1980
449
SIFICA TIONI
NON DOMESTICATED ANIMAL shall
mean horse, cow. cat~, swine, sheep, goat,
5hicke~s. geese, ducks, donkey, ~abbits
and pigeons.
NUISANCE. The following shall be de-
fined as nuisances:
~ Any public nuisance known at com.
mon law or in equity jurisprudence.
2. Any attractive nuisance which may
prove detrimental to children whether in
~ building, on the premises ufa building,
or upon an unoccupied lot.
3. Whatever is dangerous to human
life or is detrimental to health, as deter.
e~ined b14 the Health Officer,
4. Overcrowding a room with occu-
pants.
6. Insufficient ventilation or illumine.
6. Inadequate or unsanitary sewage or
plumbing facilities
?. Uncleanliness. as determined by the
Health Officer.
8. Whatever renders ai~; food or drink
unwholesome or detrimental to the
~ealth ~ human beings, as determined
by ~he Health Officen
OCCUPANCY is the purpose]bt which a
building, or part thereof, is used or in-
tended to be useek
OPENASLE AREA shall mean that part
o! a wi?alow or door which is available for
gnobstructed ventilatio~ and which
opens directly to the outdoors.
OPERATE shall mean to manipulate or
to have charge, care. control manage-
ment or ownership in any building.
OPERATOR shall mean any person who
kas charge, care. control or managemen~
ufa building.
ORDINARY SUMMER CONDITIONS
qrees Fahrenheit below the highest re-
corded temperature in the locality for the
prior ten [10] year period.
ORDINARY WINTER CONDITIONS
shall mean a temperature f~l~een 115l de-
grees Fahrenheit above th~ lowest re-
corded temperature in the locality !or
prior ten glO] year period.
OWNER shall mean any perso~ firm,
corporatio~ partnership or business as-
sociation who. alone or l'ointly or several-
ly with others:
(~) shall have legal title or equitable in-
terest in any premise, dwelling or dwell-
(~) shall have charge, care or control of
any premise, dwelling or dwelling unit,
dian of the estate of the owner. A ny such
person thus representing the actual
owner shall be bound to comply with the
extent aa ~f be were the owner.
PERMISSIBLE OCCUPANCY shall
~ea~ the maccimum number of indivld~
als permitted to reside in a dwelling un~
rooming unit or dormitory.
PLU MSING shall mean water p~pes, gar-
bage disposal units, waste p~pes, water
closets, sinks, installed dishwashers.
lavatories bathtubs, shower baths. ~
stalled clothes washing machines, catck
basins, and drains, together with all con.
PLUM BI NG CODE is that plumbina code
adopted by Chapter 30 of the Code of Or~
divances of the City of Dubuque.
PREMISES shall mean parcel of land in.
clading any structures thereon,
PRIVACY shall mean the existent( Dj
conditions which will permit an act~vit?i
without interruptwn or ~nterference.
PUBLIC HALL shall mean ahal& corr~.
dor, or passageway not within the exclu.
sire control of one family.
PROPERLY CONNECTED shall mean
~onnected in accordance with all appli.
5able codes and ordinances of the City of
Dubuque.
RAT HARBORAGE shall mean any con.
~itions or places where rats can live. nest
or seek shelten
SATPROOFING shall mean a form of
construction which will prevent the in-
REFUSE shall mean all putrescible and
nonputrescible solids iecccep[ body
wastest including garbage, rubbish, and
dead animals.
REFUSE CONTAINER shall q~ea~ a
watertight container that is constructed
o! meta~ or other durable material im-
pervious to rodents, that is capable of be-
~ng serviced without creating u~san~tary
conditions. Openings ~nto the container
such as covers and doors shall be tight fit-
ting.
RENTAL DWELLING is any dwelling,
dwelling unit. rooming unit. boardina
unit. dormitory, e tr. that is occupied sole-
ly by persons other than th~ owne~
ROOM HEATER shall mean a selj-cor~
gained heating appliance intended pr[
marily to heat only a limited spac~ ,~
ROOMING HOUSE shall mean any
mttory rooms and ~n which persons
either individuall~ or as ]amilies ar~
t~oused with or without meals being pro-
vlded.
ROOMING UNIT shall mean any room or
group of rooms Jbrming a single habit-
able unit used or intended to be used!or
living and sleeping, but not for cooking
RUBBISH shall mean nonputrescible
450 Special Session. December 22, 1980 -
solid wastes such as paper, cardboar~L ~ hereinafter referred to as the "Health Of~
plastic containers· yard clippings, wood,
in cans. glass and crockery.
SAEETY shall mean the conditions of
being reasonably free from danger and
hazards which may cause accidents or
dzsease.
SINGLE FAMILY DWELLING shall
TECHNICAL CODES refer to those
]leer" or the "authority having jurisdic-
t~o~ "For such duties the Health Officer
and his deputies avd assista~l ts shall have
the powers of law enforcement and .~olice
officen
lb) Deputies: ]n accordance with the pre-
scribed procedures and with the al~
proval of the appointing authority, fhe
Health Officer may appoint such number
of officers, inspectors, a~dassistants, and
other depar[menr emplayees as shall be
authorized from ttme Io time. The Health
Officer may deputize such employees as
may be necessary lo carry oul the tune-
tmns of the Health Department.
lc) Right of Entry: Whenever necessary
~o make an inspection to enforce any oj
the prowstons o] this Code. or whenever
the Health Officer or his authorized rep-
resentative has reasonable cause lo be-
lieve that there exists in any building or
gpon any premises or vacant lot any con-
dition or code violation which makes such
building, premises, or vacant lot hazar-
dous. the Health Of J~cer or his authorized
representative may et~ter such building,
premises, or vacant lot at all reasonable
t~mes ~o ~nspect th~ same or to perform
an~ duty imposed upon the Health
ricer by this Codez provided that if such
building or premises be ~ccupied4 he
shall first present proper credentials and
ask entry: and if such building or
premises 5e unoccupied, he shall first
make a reasonable effort to locat~ the
owner or other persons having ckarye or
control of the building or premises and
ask entry. ~t' such entry ~s rej~sed, the
Health Officer i~r his authorized
representative shall have recourse ~o
every remedy provided by law to secure
entry. No owner or occupant or any other
person having charge, care or control
any building or premises shall fail or
neglect, after proper demand is made as
herein provided, to promptly permtt en-
try therein by the Health Officer or his
authorized representative for the pur-
pose of inspection and examination pur-
suant to this Cod(
(d) Stop Orders: Whenever any work is
being done contrary to the provisions of
this Code. the Health Officer may order
the work stopped and any such persons
shall forthwith stop such work until au-
thorized by the proper authority to pro~
coed with the work
(el Authority Io Order Disconnection of
Utilities: The Health Officer or his au.
thorized representative shall haw the
authority to order disconnection of any
]~el gas utility, eneryy supplied to a
buildinq, structu?m or equipment regu-
lated by this Code ,~hen he ascertains
that the equipment has become hazer-
Special Session, December 22, 1980 451
dous or unhealthy~ Written notice of such as defined by Chapter ~0 of the Code of
order to disconnec~ services and the caus- Ordinances of the City of Dubuque.
es therefor shall be given within twenty- The doinq of any ac~ or the omission of
four (~hl hours to ~he owner and occupant any act declared lo be unlawful by this
of such building, structure or premises, Code or Ordinance or any code or ordi-
provided, ~owever, that in cases of imme- nance herein adopted by reference, is de-
diate danger to life or property, such dis- clared to be a misdemeano?; and each
connection may be made immediately said act shall be deemed a separate of-
without such notice. The Health Officer tense for each and every day or portion
shall immediately notify the serving util. thereof during ~ hick any such unlawful
ity in writing of the tssuance o! such act is committee~ continued~ or per-
order !o disconnect. No person ~hall mitted and upon conviction skall be pun-
make any reconnection without approval ishable by aline ina sum not less than ten
of the Health Officer. dollars, I$10. OOl or no t exceeding one hun~
(fl Liability of Owner-Occupant: Every dred dollars ($100.001 or by imprison-
owner remains liable for violations o] meat not to exceed tirty 13Ot days. The
duties imposed upon him by this Code penalty herein provided shall be cumula-
even thoughanobliyationisalsoimposed tire with and in addition to the revoca-
by agreement on the oceupanrs, ilar, cancellatiov~ or forfeiture of any li~
Every owner, or his agent, in addition cease.
to being responsible fo~ maintaining his ARTICLE IV
building ~ a sound structural condition, LICENSES, INSPECTIONS
shall be responsible for keeping tlmt part AND FEE STRUCTU RE
of the buildin~ or premises which he oc* Section 20-4.01 Dwelling Operating Li-
cupies or controls in a clea?~ sanitary and censs and Fees:
safe condition including the shared or (al Licenee Reqairsd. No person shall
public areas in a building conta~mng two operate a rental dwelling, as defined by
or more dwe ling units. Every ownen this Code. in a~ y,~risdiction of the City
where required by this Code, shall fur- of Dubuque unless they hold a current
nish ann ~naintain such approved sam- unrevoked dwelling operating license is-
tary facilities as required, and shall fur- sued by the Health Officer in the ~ame of
nish and maintain approved deviees, the owner/operator for the specific
equipmentorfacilitiesfortheprevention named dwelling· The annual fee for
oj insect and rodent infestatio~ and operating rental d~e ings shall be as
where iq~estation has taken place, shall specified in the "Dwe ling License a~d
be responsible for the extermination of Inspection Fee" Ordinance.
an~ insects, r~)dents, or other pests when lb) Terms of Operating Licenses' Every
made the responsibility of t~e occupant main effective for a period of one Ill year
by law or ruling. Every occupant of a Yomihedateofitsissuance, anduponap-
dwelling ~nit shall be responsible ~or )licatian may be renewed and ~'emain ef'
keeping in a clea~ sanitary and safe con- bctive ]bt successive periods of one Ill
dition that part of the dwellinq or dwell- tear from the original effective date
~n9 untt or premises ~ hick he occuptes unless sooner revoked at any time by the
and controls, shall dispose of all his rub- Health Officer for noncompliance with
bisl~ garbage, and other organic waste in any applicable provisions of this Code.
the manner required by this Code. Dwelling operating licenses shall not be
(gl Cooperation of Other O~ficials and transferable from one person to another
Officers: The Health Officer may re. person or from one dwelling to another
quest, and shall receive so far as is re- dwelling. E'lery person holding an oper
quired i~ the discharge of his duties, th~ ating license shall give notice in writing
assistance and cooperation of other of/i- o the Health Officer within twenty-four
clals of this jurisdiction. 12],) hours after having transferred or
(h) Confidentiality: The Health Officer otherwise disposed of the legal control of
shall keep confidential all evidence, any licensed dwe ling· Such notice shall
exclusive ~f the inspection record, which include the ~amre and address of the per-
~t may discover or ob lain in the course of son or persons succeeding to the owner-
an inspection made pursuant to this sec- ship or coy trol of such licensed dwe ling.
twa and such evidence shall be consid- The Health Oj~cer is hereby authorized
ered privileged, to revoke any dwelling operating license
452 Special Session, December 22. 1980
ers~ operators, or ma~Yagers, provided th~
following criteria are met:
(1} The dwelling for which a dwelling
operating license is sought is found by
the Health Officer after inspection to
substar~tially comply with applicable
lb) Inspections All Licensed Dwellings
are Subject To. All licensed dwellinas.
dwelling units, rooming ~nits. dormitor-
~es. hotel and motel rooms shall be sub-
~ect to regular Ho~sing Code enforce-
ment ~nspection and remspected as ne~
cessary. There shall be no charae for the
initial rea tal dwelling inspection and one
tit ~-inspectio~, There shall be no charge
to the owner lor ~he initial ~nspectton o! a
dwelling or dwellino u~it in the invests-
galwn o] a con, plaint or the Health Offi-
cer's inves tiqation o/'a probable vlalation
~ this Code. Whe~. upon the initial irt-
spection of any dwelling, dwellino unu or
Jbund to be anu Iliolation/sl o] this Code to
the extent that a writte~t notice and order
and a re-inspection are re quired to insure
cm~pliance with this Code, one t]~
spectwn will be made with no charae ~o
the r~wnen For each required additional
re-inspectm~ there shall be a re-znspec-
lion fee as speciJb~d in the "Dwelling Li-
cense and I~spectio?~ Fee" Ordinance.
lc) Presale and/or Mortgage Inspection.
(d) Relationship of License lo Building
Special Session, December 22, 1980
453
.food: a counter or table for food prepara.
tla~' said fixtures shall be furnished with
surfaces that are easily cleanable and
that will not impart any toxic or harmful
effect to foo~
(3}A stove, or similar device, for cook-
ing food, and a refrigerator, which are
properly ins tailed with all necessary
nections for safe, sanitary and efficient
operatior~' provided that such stove,
frigeraro?: and/or similar devices need
not be installed when a dwelling unit is
not occupied and when the occupant is ex-
pected to provide same on occupancy.
Sufficient space and adequate connec-
tions for the installation and operation of
satd stove and refrigerator shall be pro-
vided by the dwellino unit owner.
(b) Communal Food Service. All Jbod
service and dining facilities provided in a
rooming hous~ or dormitory for the occu-
pants of same shall comply with applb
cable food service leyislatla~
lc) Vixiures. All plumbing fixtures shall
be connected to a sanitary sewer or to an
approved private sewage disposal sys-
lam, All plumbing fixtures shall be con-
~ected to an approved system of water
supply and provided with hot and cold
~nning water, except water closets shall
b~ provided with cold water only, All
plumbing fixtures shall be of a~ approved
glazed earthenware Iype or o fa similarly
nonabsorbent materia~
Section 20-5.02 Sanitation.
(al Water Closets, Lavatories, and Bath-
tubs or Showers. Every singleyamily
dwelling, duplex dwelling, and Class A
multiple dwelling shall be provided with
at least one water closet, one lavatory,
and one bath~tub ~r shower located in
each dwelling unt~ On each floor of a
Class B Multtple Dwelling there shall be
provided at least one Il! communal water
close~ one Ill lavatory and one ll] bathtub
or shower accessible from a public halb
way for each six t6) dwelling rooms or
fraction thereof
Mens or womens urinals r~tay be sub-
stituted ]or required water closets.
Whereever urinals ar~ providet~ one Ill
water closet less than the number speci-
fied may be provided for each urinal
stalled excep~ the number of water
closets in such ease shall not be reduced
to less than two-thirds/2/3) of the mini-
mum specified,
lb) Bathroom Requirements.
(1) Every ~ater closet, bathtub, or
shower required by this Code shall be in-
stalled in a room whieh will afford pti.
racy to the occupant, A room in which a
water closet is located shall be separated
from food preparation or storage rooms
by a tight-fitting doon
(2) Acc~ ss to commuwzl or public rest
or bathrooms shall b~ from a common or
~ublic hall or passageway.
(3) Every water closet compartmen~
bathroom and kitchen fleor surfuce shall
be cons tructed and maintained so ~ to be
reasonably impervious to water.
(4) Bathroom areas shall have at least
one ll] openable window or other ade-
quate exhaust ventilatio~
lc) Garbage and Refuse.
(1) Every occupant of a dwelling or
dwelling unit shall store and dispose of
garbage, refuse, arid any other organic
waste in a clea~, sanitary and safe man-
ncr. All garbage cans and refuse con-
tainers shall be rat-proof, watertigh~
stvucturally strong, easily emptied and
cleaned, and shall be provided with tight-
fitting covers. Disposable plastic bags
manufaetured jbr garbage and refuse dis-
~osal shall be acceptable.
(2) Bulk storage containers which are
used for the storage of garbage, refuse
and/or other putrescible waste shall be
placed so as lo minimize spillage onto the
adjacent areas, All bulk storage contain-
ers shall be equipped with tight fitting
lids,
(3) The total capacity of all provided
iarbage and/or refuse cans and bulk
storage containers shall be sufficient to
meet the needs of lhe occupants of the
dwelling.
(4) Every owner of a dwelling shall
supply facilities or refuse containers for
the sanitary and safe storage and/or
disposal of rubbish and garbage.
(d) Vermin Control.
(1)Every dwelling, multiple dwelling,
rooming house or accessory str~cture
and the premises on which located shall
be maintained in a rat.J~ee and rat-proof
conditiow
(2) Every occupant of a dwidling con-
taining a single d~oelling unit shall be re*
sponsible fi~r the extermination af insects
and/or rats on the premises, and every oc-
cupant of a dwelling unit in a dwelling
containing more than one Ill dwelling
unit shall be responsible fi~r such exter-
mination whenever his dwelling unit is
the only one i~]bsted. Whenever infesta-
tion is caused by failare of owner to main-
lain a dwelling in a ratproof or reason-
able insect-proof condltiov, exterm~a-
tion shall be the responsibility of the
owner. Whenever infestation exists in
two l£} or more of the dwelling units in
any dwelling, or in the shared or public
,~arts of any dwelling containing two
or more dwelling units, extermir~ation
thereof shall be the responsibility of the
(3) No occupant or owner of a dwelling
or dwelling unit shall accumulate any
materials in such a manner that may pro-
vide a harborage or serve as food JYr r~lts
454
Special Session. December 22. 1980
about any dwelling or dwelling untt.
(4] All windows located a~ or near
ground level used or ~nrended to be used
for ventilatio~ all other openings lecatad
at or near yrou~t leve~ and all exterior
doorways which might provide ann entry
for rats. shall be supplied with adeqaare
fectively prevent the entrance of rats ~o
(~) The m~mer ~.f a dwelling unit shall
slons.
(al Ceiling Heights, Habitable rooms
areas shall have a ceiling height of not
less than seven feet six inches [7'6") ex-
cept as otherwise permitted in this Sec-
t~o~ Other rooms or areas may have a
ceiling height of not less than sever~ feet
t7'i measured to lhe lowest pro3ectwn
~rom the ceiling. If any room in a building
has a slepin§ ceiling, the prescribed ceil-
ing height for th~ room is required in
only one-half ~%~ the area thereof No
portion of ~he room measuring less than
izve ]bet (5')from the finished floor to the
)inished ceiling shall 5e included in any
computation of the m~ a~mum area
thereof £f an~ room has alerted ceiling,
the prescribed ceilinq height is required
~n two-thirds (2/3) the area thereof, but in
no case shall the height of the fusses ceil-
~n# be less than seven Jbet (7').
lb) Minimum Spree. Every dwelling
un~l shall have at least one (11 room which
shali haw not less that, one-hundred fifty
(150] square jbot of floor aree~ Other hab-
~tablc rooms except kitchens shall have
an area of not less than seventy 170)
square feet. Where more than two (2t pe~~
sons occupy ~ room used for sleeping pur-
poses the required floor area shall be in-
creased at the rate of'fifty (.60) square feet
~br each occupant tn excess of two (~l.
EXCEPTION: Nothing i~ this Serlio;*
shall pr.hibit the use of an efficiency
living unit within an apargment house
meeting the following requ~remenm:
Of The unit shall have a living area of
not less than two.hundred twenty (220t
square feet of superficial floor are~ An
additional one-hundred IlOOI square fee t
of superficial floor area shall be provided
jbr each occupant of such unit in excess
(2) The unit shall be provided with a
(3) The ~nit shall be provided with a
kitchen sink~ cooking appliance and re.
frigeration facilities each having a clear
working space o! not less than thirt~
personal effects of each permissible occu-
amount of space ~qual in square footage
Special Session. December 22, 1980
tn any ditr~ensio~ Each water clese t s tool
shall be located in a clear space not less
than thirt~ (301 inches in width and a
clear space *n front of the water closet
stool of not less than eighteen (18) inches
shall be provideek
(e] Basement Space May be Habitable.
(1) No basement space shall be used as
a habitable room or dwelling unit unless:
a. The floor aha walls are of water-
proof and damP-trroo] cons tr~ctwm
b. The total of window area in each
room *s equal to at least the minimum
window area sizes a~s required in subsec~
lion ~0-5.03(t~;
e. The total of openable windou
area tn each room is equal to at least th~
m~nimum as required und¢ , subsection
20-5.03~, except where there is supplied
some other approved device offording
adequate ventilating'
d. Such basement dwelling or room-
mg unit ?rovides an approved egress
wi~ow from each sleep~n9 room: and
e. Such basement dwelling or room-
ing unit has a ceiling height of at least
seven (7) fee~
(2) A bathroom or wa~er closet com.
partment shall not be used as the only
passageway to any habitable room, hall
basement or cellar or to the exterior. In
buildings hereafter erected or altered, no
dwelling or dwelling unit containing two
(21 or more sleepm~ rooms shall haw
such room arrangements tha~ access to a
bathroom or water closet compartment
intended for use by occupants of more
than one (1) sleeping room can be had onl~t
by going through another sleeping room;
nor shall room arrangements be such
Ihat access to a sleeping ,oom can be had
only by going through another sleeping
room.
(fl Natural Light and Ventilation. All
guest rooms, dormuor~es and habitable
roomz within a dwelling unit shall be pro-
vided ~ ith natural light by means of ex.
terior glazed openings with an area not
less than one-tenth (1/101 of the(leos area
of such rooms with a minimum of ten (10)
square feet. All bathrooms, water closet
compartments, laundry rooms and simi.
tar rooms shall be provided with ~a~tural
ventilation by means of openable exter-
*or opening with an area aot less than
one-twentieth of the floor area of such
rooms with ~ minimum of one and one.
half t1%t square feet. All guest rooms.
,~ormitories and habitable rooms within
~ dwelling unit shall be provided with na.
rural ventilation by means of openable
exterior openings with an area of not less
than one-twentieth (1/20) of the floor area
of such rooms with a minimum of five lbl
square feet.
(g] Origin of Light and Ventilation. Re-
455
sU~rxred exterior openings for natural light
ventilation shall open directly onto a
eel or public alley or a yard or court.
CEPTION: Required ~indows may
open into a roofed porch where the porch:
1. Abuts a street, yard, or court or;
~. Has a ceiling height of not less than
seven (71 feet; and
3. Has the longer side at least sixty-
five 165l percent open and unobstractad.
For the purpose of determining light a'nd
,~entilation requirements, any room may
be considered as a portion of an adjoining
room when one-half Pfc) the area of the
common wall is open and unobstructed
and provides an opening of not less than
one.tenth (1/1 O) of the floor area of the in-
terior room or twenty-five (25) square
fee~ whichever is greate*:
Window Area - Basements, Crawl
Spaces and Attics. All basements and
cellars shall provide light and ventilation
with window area of not less than one
percent 11~ of the superficial floor arco.
Crawl spaces and attic spaces shall be
provided with ventilating area not les~
than one three-hundredths (1/300l of the
floor arco. No mechanical exhaust sys-
tem, exhausting vapors, odor or gases,
shall be discharged into any attic, crawl
space or cellar, but shall be directed to
the outside air; except this shall not pre-
vent the mechanical exhausting of nor-
mal room air to attics when used solely
for cooling purposes.
(hi Mechanical Ventilation. In lieu of re-
quired exterior openings for ?mtural ven-
tilatio~ a mechanical ventilation sys rem
may be provided~ In bathrooms, water
close t compartments, laundry rooms, kit-
chens and similar rooms, a mechanical
ventilation system connected directly to
(he outside shall be provided~
(I) Basic Security and Safety Require-
ments. All exterior doors of the dwelling
or dwelling unit shall be equipped with
functioning locking de vices. AII windows
openable or accessible from the outdoors
shall be equipped with acceptable lock-
ing devices in good working ordeT: Doors
to rooming units and dormitory rooms
shall have locks to insure privacy.
(1) Structurally sound handrails shall
be provided where practical on any s reps
containing four ($) risers or more. Porch-
es, patios aT. for balconies located more
than three (3)lc. et higher than the adja-
cent area shall have structurally sound
protective guard or handrails.
(2) Each dwelling unit shall have facili~
ties fi~r the safe storage of d?~gs and
household poisons.
(j) Site and Neighborhood. The site and
neighborhood shall be reasonably free
from serious a~lverse environmental con-
ditions, natural or ma~meule, such as
456
Special Session. December 22. 1980
dangerous walks, stair instability,/load-
tnt, excessive no~s, vibration or
excessive accumulations o/!rash, vewnin
or rodent iqfestatio~ or £ire hazards.
ARTICLE VI
MECHANICAL REQUIREMENTS
Section 20.6.01. Thermal Environment.
{a) Heating Facilities. Whenever
dwelling ~nit has supplied heating Jhcili-
ties. said ~acilities shall be properly in-
s ts/leaL be main rained in reasonably good
workmt] co~lition, and be capable a/ade-
quately heating all habitable rooms.
bathroom~, and toilet rooms contained
therei~ or intended for use b~ the occu.
pants thereof, to a temperature of at least
seventylTO]degreesFahrenheit !wen(y-
one [21l degrees Celsiusl. at a distance
three/3t feet above ~loor levek when the
out-door temperature is at or above ten
IlOI degreet below zero Fahrenheit
(twenty-three ~23t degrees below zero
Celsius ~ Whenever a dwelling unit does
not he e supplied heating facilities~
shall contain a s~fficient number of chim-
ney outlets to permit the occupant,
through the use of room space heaters
furnis hsd by said occupan ~ to adequately
heat all habitable rooms, bathroo?ns, and
rode t ro(~ns contained therei~ or intend-
ed for use by the occupants thereof
(t} The central heating unit shall be
safe and in reasonably good operating
condition.
(2)Every heat duct. steam pipe and hot
wate~ pipe shall be free of leaks and shall
]~nctlan so there is an ad~ 7ustc amount
of heat delivered where intended
(8)Every room heater burning solid, li-
quid or gaseous .fuels shall be properly
vented to a chimney or duct leading to
outdoor space and be so installed as to
provide proper draft;
(~) When requirec~ fuel bur~ing room
heaters shall bare afire-resistant panel
be (ween it and the floor or floor covering;
lb) Fuel burning room heaters shall be
ins/ailed in accordance with the manafac-
tutor's recommended installation speci-
ficatic~ with respect to unit clearance
(~om combustible set/aces.
(6) Every room heater smoke p~pe
shall b~ equipped with approved type
thimbles or guards properly constructed
of nonflammable mater~ag ar the poi~t
where the p~pe oyes through any wal~
ceiling or partitior~
(b) Supplied Heating. Every owner or
operator of dwellin9 who rents, leases or
lets lbr human habitation any dwelling
unit contained within a dwelling on
terms, either e=:pressed or implied, to
supply or furnish heat to the occupants
thereof, shall maintain therein a mini-
muz~ remperarure of sixty-e~ght /68/ de-
grees Fahrenheit Itwenty /201 degrees
Celsiust between the hours of six thirty
f6:30t o'clock in the qt. orning, a~d
tlO:OOt o'cl,ck in the evening of each day
,~henever thv outdoor temperature shall
fall below fifty lbOI degrees Fahrenheit
(tea (10( degrees Celsius, durin§ the
aforesaid hour~ and not less than sixty
t60t degrees Fahrenheit reighteen and
one-half [l&5t degrees Celsius) between
the hours of ten/10:00l o ~lock in the even-
lng and six thirty (6:30~ o 'clock in the mor~
nmg, Whenever a dwelling is heated by
means of a fu~mace, boiler or other heat-
~ng apparatus under the control qf the
owner or operator of the dwelling, such
owner or opera~or, in the absence of a
written contract or agreement to the eom
trary, shall be deep, ed to have
(ratted ~ndertahan or bound himself to
furnish heat in accordance with the pro-
visions of this Section to every dwelling
unzt habitabl~ room bathroo~r,, com-
muv/al bathroom ami commu?~al toilet
room located within ~uch dwelling.
(c) Chimneys, Vents and Flues. Every
chimney, vent pipe and flue shall be
maintained in sound condition and good
repair.
(d) Water Heating Facilities. Water
heating devices burning solid, liquid or
gaseous fuels shall be properl~ vented
and supplied with proper draft and com-
bustion a~r. Any pressurized wa~er
heater shall be supplied with an approv-
ed temperature/pressure relief valve.
and where requirecL such device shall be
fitted with a rigid vent p~pe o! undimiv,
ished diameter and eec(ended to within
one/I/foot of the floor. Hot ~ ~ter shall be
supplied at a m~nimum af one-hundred
twenty dearees (120 degrees~ Fahren-
heit.
Section 20-6.02 Illimination and Electrl.
city.
(at General. Where the~ is usable elec-
tric servwe readily available from power
lines which are not more than three hun-
dred (300t ]eet away from a dwelling,
every dwelling unit and all public and
common areas shall be supplied with
electric service, outlets and fixtures
which shall b~ properly installed, and
shall be maintained in good and safe
working condition, Electric service shall
be connected to a source of electric power
~n a manner prescribed by the ordinanc-
es. rules and regulations of the City of
Dubuque. The minimum capacity of such
service and the minimum number v/out-
lets and fixtures shall be a.~ follows:
(b) Overcurrent Protection. An ample
number of adequately sized and protect-
ed circaits and outlets shall be supplied
by the owner to serve the appliances nor-
mall~ used ha an occupant. Overcurrent
pro tectian shall be provided with proper-
Special Session,
December 22, 1980
ly sized S-type fuses or circuit breakers.
Every dwelling unit shall be supplied
with at least one [1l 15 amps're circuit.
(C) Convenlence Outlets~ Every habita-
ble room except kitchens shall contain at
least two {2) separate wall type duplex
electric convenience outlets or one
such duplex convenience outlet and one
(1) supplied wall or ceiling type electric
light fi~c tuts. No duplex yetis t shall serve
more than two (2/fixtures or appliances.
Kitchens shall contain three [3) duplex
outle ts in addition to a light fixture.
(d) Extension Cords. Temporary wiring
or ecctension cords shall not be used as
permanent wiring. Extension cords,
where use~ shall be in good condition
and shall not pens (rate walls, doorways,
nor be r~ted under the floor coverings.
(e) Non-Habitable Rooms. Every
habitable room, including water closet
compartments, bathrooms, laundry
rooms, furnace rooms and public halls
shall contain at leas t one (I/supplied ceil-
ing or wall. type electric light fixture.
(t) Rethroom~. All electric lights in bath-
rooms shall be controlled by switches
which are of such design as shall mini-
mize the danger of electric shoel~ and
such lights and outlets shall be installed
and maintained in such a condition as to
minimize the danger of electrical shacl~
(g) Halls and Stairways. Every public
hall and stairway in every multiple
dwelling shall be adequately lighted by
natural or artificial light at all times.
(h) Grounding,
(1)Laundry appliances shall be proper-
ly grounded.
(2) Building electrical sys terns shall be
properly grounded.
(3) Where supplie~ grounded type
outlets shall be grounded~
ARTICLE VII
STRUCTURAL REQUIREMENTS
Section 20.7.01 Foundations, Exterior
Walls and Roots. Every founds(toy, e~.
terior wall and roaf shall be subs tan(tally
weathertight, watertight and rodent
proof,, shall be kept in sound condition
and good repair; shall be capable of af-
fording privacy: and shall be safe to use
and capable of supporting the load which
normal use may cause to be placed there-
Section 20.7.02 Windows, Exterior
Doors and Basement Hatchways.
Every window, e~terior door and base-
ment or cellar door and hatchway shall be
substantially weathartight watertight
and rodent proof; and shall be kept in
sou~ condition and good repair.
Sectloo 20-7.03 Stairways and Pomhes.
Every inside and outside stair, porch and
any appurtenance there to shall be safe to
use and capable of supporting the load
457
that normal use may cause to be placed
thereo~; and shall be kept in sou'nd condi-
tion and good repair.
Section 20.7.04 Drains. All rain water
shall be so drained from every roof so as
not to cause dampness in the walls, ceil
ings or floors of any habitable room, or of
any bathroom or water closet compar~
menL Unless other provisions are made,
gutters, leaders and downspouts shall be
~rovided and maintained in good work-
ing condition as to provide proper drai~
age of storm water.
Section 20.7.05 Exterior Wood Surfac-
es. All exterior woad surfaces shall be in
sound con, ti(ion and adequately protect-
ed from water seepage and against dete-
rioration with a paint covering or some
other suitable material
Section 20.7.06 Walls, Flaking or Peel-
ing Paint. All walls, ceilings, interior
woodwork, doors and windows shall be
kept free from flaking, peeling or loose
paint.
Section 20-7.07 Floors, Interior Walls
and Ceilings. Every floor, interior wall
and ceiling shall be substantially rodent
~roof; shall be kept in sound condition
and good repair; and shall be safe to use
and capable of supporting the load which
normal use may cause to be placed there-
Section 20.7.08 Tiedown Devices. In
the case ora mobile home, the home shall
be securely anchored by a tiedown device
which dis tributes a~d transfers the loads
imposed by the unit to appropriate
ground anchors so as to resist wind over-
turning and sliding.
Section 20-7.09 Lead Based Paint. Inall
rental dwellings, the dwelling unit shall
be in compliance with HUD Lend Based
Paint re ~ulations, 2~ CFR, Part 35 issued
pursuant to the Lead Based Paint Poiso~
lng Prevention Act ~2 U.S.C. ~801.
If the property was constructed prior
to 1950, owner shall furnish the occupant
the notice required by HUD Lead Based
Paint regulations and procedures regard-
ing the hazards of lead based paint poi-
sonlng, the symptoms and treatment of
lead poisoning and the precautio~s to be
taken against lead poisoning.
Section 20.7.10 Elevators. Elevators
shall be maintained in a safe and operat-
ing conditia~
Section 20.7.11 Accessory Structures.
Accessory str~ctures on the premises of
a dwelling shall be structurally soun~
and be maintained in good repair.
ARTICLE VIII
ACCESS AND EGRESS
Section 20-8.01. Privacy. Every dwell-
lng unit shall be useable and capable of
being maintainad without unauthorized
use of other private properties.
Special Session, December 22, 1980 459
458
Special Session, December 22, 1980
Section 20-8.02 Egress. Every dwelling
unit shall have immediate access to two
(2t or more unobstructed means a/egress.
Egress may be into a corridor having ~wo
12) separate directions ~r travel to exits.
Section 20-8,03. Abrogation. Nothing m
this Article shall be deemad to abrogate
an~ other ordinance or foundation which
may provide for more specOtc access or
egress standards/or the type and class of
occupancy to which such standards may
apply. In such cas~ ;. the more restrictive
s ;andard shall apply, if so orderad by the
official of appropr~;e $:grisdictio~ (Code
of Ordinance. Article 20-1 Z 0lb
ARTICLE IX
FIRE PROTECTION
Section 20.9.01. (al Fire Extinguishers.
Approved type fire extmguishars shall
be provided on each flaor of a multiple
dwelling, so located that they will be ac.
cessible to the occupants, awl spaced so
that no person will have to travel more
than seventy-five (?5)feet from any point
to reach the nearest extinguishen
(b) Exception. Hallway extinguishers
shall be 5 !o ~ pound capacity Under-
~ citers Laboratory Rating eftA IOBC or
approxtma~e equivalent. I~ lieu af balk
way extinguishers, each ~welling or
rooming unit may be provided with ex.
tinguishars af approximately ~ q~ pound
capacity equal to Under~ rlters Labora-
tory Rating el lA IOBC.
Section 20.9.02. Abrogation. No thing in
this Article skldl be deemed to abroqate
any other ordinance or regulation which
may provide more specific or more striw
gen~ fire protection standards for the
~ype and class of occupancy to which such
standards may apply. In such cases, the
more restrictive standard shall apply, if
sc ordered by the official of appropriate
jurisdiction (Code of Ordi~u~nces. Article
~0-1Z01: Article ~0-1&~t.
ARTICLE X
S[J E~STANDARD SUILDINGS.
DWELLING UNITS AND LOTS
DEFINED
Section 20-10,01 (al General. Any build-
ing, structure, or vacant lot or portion
thereaf includinga~y dwelling unit, Iodg-
ing ~mt. room~n9 un~ or suite of rooms,
or the premises on which the same is
located, in which there exists any af the
follewin~ listed conditions to an extent
that endangers the life. limb. health, pro~
perry, satiety or welfare of the public or
the occupants !hereof shall be d~e~ed
and herebq is declared Io b~ a sub*
standard building, structure. ~nit
premises or lot.
(b) Inadequate Sanitation. lng& 7~at~
sanitation shall k~clude b ~t not be limit~,d
to the following:
(1) Lack of. or improper waler closet.
lavatory, bathtab or showerina dwelling
(2)Lack of, or improper water closets.
lavatories, and bathtubs or shawers per
number a/occupants in all Class B dwell-
(3) Lack of, or improper kitchen sink
(4) Lack of hot and cold rgnning water
where required to plambing fixtures in
all Class B dwellings,
(fi)Lack a/hat and cold running water
to plambing fixtures in a dwellin9 unit.
(0] Lack of, or ~mproper operation of
adequate heating facilities.
(?) Lack of, or improper operation of
required ventilating equipment.
(8) Lack of ~r~inimum amounts of
~tural light and ventilation required by
this Code,
(9] Room and space dimensions less
than required by this Code.
(10) Lack of required electrical light-
ing and/or electrical outlets.
(11) Dampness of habitable rooms.
(12) Infestation af insects, vermin or
rodents as deterr~ined by !he Health Of-
(13) General dilapidation or improper
(14) Lack of connection to approved
sewage disposal sys[em,
(15)Lack of adequate garbage and rub-
bish storage and removal facilities as de-
termined by the Health Officer.
(c) Structural Hazards. Structural haz-
ards shall include but not be limited ~o
the following:
(1)Deteriorated orinadequate founda.
(2) defective or deteriorated flooring
or floor supports.
(3) Flooring or floor supports of insuf
flcient size to carry imposed loads with
safe ry.
(~) Members of walk. partitions, or
other vertical supporrs that split, lea'~
lis t or buckle due to defective maleru~l or
de terioratio?~
(~) Members of walls, partitions, or
other vertical supports that are a/insuf-
ficient size to carry ~mposed loads with
safe ry.
(8) Members af ceilings, roofs, ceiling
and roof supports, m. other horizontal
members which sag, split or buckle due
to defective material or deterioration.
(7) Members of ceilings, roofs, ceiling
and rea/ supporrs, or other horizontal
members that are of insufficient size to
car~y imposed loads with safety.
(8) Fireplaces or chimneys which list.
bulge, or settle, due to deibctive material
or deter&;ratio~.
(9)Fireplaces or chimneys which are of
insufficient size or s~rength to carrp ~m~
posed leads with safety.
(d) Nuisance. Any nuisance as defined in
this Code.
(el Hazardous Widng. All wiring except
that which conforms with all applicabl~
laws in effect at the time of installation
and which has been maintained in good
condition and is being used in a safe ma~
(fl Hazardous Plumbing. All plumbing
except that which conforms with all ap-
ollaable laws in effect al the time af iw
~s tallatwn and which has been maintained
in qood conditio~r
(gl Hazardous Mechanical Equipment.
All mechanical equ,pmenr, including
vents, except that which conforms with
all applicable laws in effect at the time .of
installation and which has been mat~
rained ia good and saf~ conditioa.
th) Faulty Weather Protection. Faulty
weather protection, whic~ shall include
but not be limited to the following:
(1) Deteriorated, crumbling or loose
plaster.
(2) Deteriorated or inefjective watep
proofing af exterior walls, roofs, founda-
tions or.qoors, including broken windows
(3) Defective or lack af weather protec-
tton for exterior wall coverings or
weatherin9 due to lack of approved pro-
tective covering.
(4) Brokev~ rotted, split or buckled ex-
terior wall coverings or roof coverings.
(il Hazardous or Unsanitary Premises.
Those premises on which an accumula-
tion of weeds, vege tatio~ junk. dead or.
ganic matter, debris, garbage, of]h~ ra~
harborages, stagnant water, combustible
materiak and any materials or condi-
tions constitute fire, health, or safety
hazards.
(J) Inadequate Exits. All buildings or por-
tions thereaf not provided with adequate
exit facilities as required by this Code.
(k) Improper Occupancy. All buildings
or portions thereat occupied for living,
sleeping, cooking or dining purposes,
which were not designed ~r intended to
ARTICLE Xl
NOTICES AND ORDERS
Section 20.1t.01 Notice of Violation;
Order of Compliance · Generally.
(al Notice: Whenever the Health Officer
determines tb~t there exists a violation
of any provision of this chapter or a/any
tale or regulation adopted pursuant
thereto, he shall give notice a/such viola-
tion to the person or persons responsible
therefor as~ may order compliance. Each
notice shalb
(1) Be in writing.
(2) Include a list a/violations referring
to the sections of this chapter violated
(3) Be served upon the onmer, his
agen~ or the operator, or occupant by
delivering the same at his residence, of-
/ice or place of business by regular mai~
b) Notice and Order: Each Notice and
Order shalk
(1) Be in writing.
(2) Inclade a list of violations referring
to the sections of this chapter violated,
(3) Specify a period of time not to ex-
ceed thirty (30l days to begin repairs,
vacatior~ or demolition and not to exceed
ninety (90~ days for completio~
(4) Be served upon the owner, his
agent, or the operator, or occupant by de-
liverin~ the same at his residence, office
or place of business by some person of
suitable age and discretion who shall be
informed of the contents thereof, or by
mailing by Certified Mail to his last
known address or, if the address or per.
son to be served is unknow~ by posting
said Order in some conspicuous place on
the premises involved,
(5) Proof of service af the Notice and
Order shall be certified to at the time of
service by a written declaration under
penalty of perjury executed by th,,e per-
son effecting service, declaring the time,
date, and manner in which service was
made. The declaratla~ and/or any re-
ceipt card returned in acknowledgement
of receipt by Certified Mail shall be affix~
ed to the copy of the Notice and Order re-
tained by the Health Officer.
(8) Whenever the owner, his agent or
the operator ora rental dwelling is noti-
fied by the Health Officer ora violation
eot which he is responsible, a copy of the
Notice and Order may also be posted on
the premises; delivered or sent by regu~
tar mail to the occupants of the dwelling:
and whenever an occupant is notified by
the Health Officer ora violation for which
he is responsible a copy of the Notice and
Order shall also be delivered, or sent by
regular mai[~ to the owner of the dwell-
ing. Failure to send such duplicate notice,
however, shall not affect the validity of
any proceedings against the owner or o~
cupan~
(?) If necessary, akqo require the dwell-
lng or portion thereof to be immediately
vacated and not reoccupied until the re-
qui~ad repairs and improvements are
c~mpleted, inspected and approved by
the Health Officer.
(8) Statements advising ti) that any
person having any record title or legal
retest may appeal ]Yom the notice and
order or any action af the Health Officer
to the Housing Code Appeals Board, pro-
vided the appeal is made in writing as
provided in this Code, and filed with the
Health Officer within fourteen (14) clays
from the *lateaf service of such notice,
order, or actio~g and (ii) that failure to ap-
460 Special Session. December 22, 1980
peal will constitute a waiver o fall right
to an administrative hearing and deter-
m~na~wn o! the matter
ORDER TO VACATE
Section 20-11.02 Posting. la) Order to
Vacate. Every Order to vacate shall ~n
addition to bein9 served as provided in
Section 20-11.01fbi. be posted at or upon
each entrance to the building, d*oelling
uni~ ledging unit or roominq unit and
shall be in substantially the follewing
NOTICE TO VACATE
THIS HAS BEEN DECLAR-
ED TO BE SUBSTANDARD TO TH E EX.
TENT THAT IT ENDANGERS LIFE,
LIMB, HEALTH, PROPERTY, OR WEL-
FARE OF THE PUBLIC OR OCCU-
PANTS. AFTER .......... DO
NOT OCCUPY OR USE FOR ._ _
HEALTH OFFICER
CITY OF DUBUQUE, IOWA
lb) Compliance. Whenever such notice is
pos ted` the Health Officer shall include a
notification thereof in the Notice and
Order reciting the conditions which ne.
cessitate the posting No ~erson shall re-
r~am in or enter any building, dwelling
gn~ 1. lodging unit. or rooming unit which
~as been so posted, except that entwo
may be made to repair, demolish or re-
~ove such building, dwelling uni~ lady.
~ng um[ or rooming unit under permit.
No person shall remove or deface any
such notice after it is posted until the re.
quired repairs, demolition or removal
have been completed, i?~spected a~ul ap-
proved in writing by the Health Officer.
Any person violating this subsec~wn
shall be guilty af a misde~ eanor.
lC) Emergencies. Whenever. in the judg-
ment of the Health Officer. an emergency
exists which requires immediate action
to protect the .public health, sa]cry or
welfizre, an order may be issued` without
a hearing, or appeal directing the ownen
occupan~ opera,or or ayent to take such
action as
abate the emergency. IJ circumstances
warran~ the Health Officer may act to
correct or abate the emergency.
ARTICLE Xll
HOUSING CODE APPEALS BOARD
Section 20-12,01 General. The~e is here-
by created a Housing Cod~ Appeals
Board cons~st~nq of five [5] members who
are not employed by the City, ~ be ap.
pointed by and at the discretwn of the
City Council
Section 20.12.02 Rules Adoption. The
Housing Code Appe ls Board shall adopt
reasonable rules and regulations for the
conducl (~t its meetings and investiga-
tions a~ld shall render all deciMovz and
findings in writing t the Health O]]~cer
and all decisions and findings shall be
made part of the public record.
ARTICLE XIII
PROCEDURE FOR HEARING APPEAL
Section 20-13.01 la) Application Proce.
dure. Any person aggrieved by a notwe
or notice and order of the Health Officer
issued in connection with any alleged via.
lation of this Ordinawze or of any appli-
cable wle or regulation issued pursuant
thereto, may apply to the Housin~ Code
Appeals Board ~or a reconsideration of
such notice or order provided such appli-
cation is made within fourteen 14t days
after the date the notice or order was is-
sued. The appeal must include th~ fol-
lowing:
(1) Name and address of appellants.
(2) A bri~f statement setting jbrth th~
legal interest of each of the appellants in
the building or the land involved in th~
notice and orde~
(3) A brief statement in ordinary and
concise language of that spemfic order or
action protested, together with any ma.
terial facts claimed to support the con.
tentio~ of the appellant.
(4) A bric! statement in ordinary and
concise ianguaye of the relief sought, and
the reasons why ~t is claimed the pro.
tested order .,~' ac~wn should be re.
versed, modified or othe'~wise set aside.
(5) The signatures of all parties named
as appellants a?ul their official mailing
address.
lb) Notice of Hearing. Upon receipt of
any appeal j~led pursuant to this Sectio~.
the Health Officer shall forward same to
the chairperson of the Housing Code Ap.
peals Board. A s soon as practicable after
receiving the writte~ appea~ the Hous-
ing Code Appeals Board shall flee a date.
time and place jbr the hearing of the ap.
peal by the Board. Such date shall be not
less than fourteen II M days nor more than
fifty 150] days from the date the appeal
was filed with the Health Officen Writ-
ten notice af the time and place of the
hearing shall b~ given at least ten llOI
days prior to the date of the hearing to
each appeallant by the Secretary q£ the
Board either by causing a copy of such
not,ce to be delivered to the appellant
personally or by mailing a copy thereof
postage prepaid, addressed to the appel-
lent at his address shown on the appeal.
lc) Waiver. Failure of any person to fi&
an appeal in accordance with the provi-
sions of Section 20-11.01 and 20-13. 01 shall
constitute a waiver of his right to an ad-
ministrative hearing and adjudication of
the notice and order, or to any portion
thereof.
(d) Limitation. Onl!~ those matters or is.
sues specifically raised by the appellant
in the written appeal shall be considered
Special Session, December 22. 1980
461
in the hearing of the appea~
(e) Evidence. At such a hearing the
appeliantls] shall be given an opportumty
ID be heard and to show cause why such
notice or order should be modified, ex-
lended, withdrawn or a variance grand-
ed,
(f) Appeals Board Option. The Housing
Code Appeals Board b~ a majority vote,
may sustain or modify the notice or
~ance of any notice or order, the Appeals
Board shall observe the following condi.
(1] Extension of Time. The Housing
Code Appeals Board may grant an exte~
s~on of time for the compliance of any
months subject to approp~ta conditions
and provided that the Appeals Board
makes specific findings of fact based on
evidence relating to the following:
a, That there are practical difficul-
ttes or unnecessary hardships in carrying
~ut the strict letler of any notice or order;
b. That such an extension is in har.
mony with the gel~ral purpose and in-
tent of this Ordinance in securing the
pub lie health, safe fy and general welfare.
(2) Variance. The Housing Code Ap-
peal~ Board may grant a variance in a
specific case and from a specific provision
of this Ordinance subject to appropriate
conditions and provided the Appeals
Board makes specific findings of fact
based on evidence related to the follow-
a. That there are practical difficul-
out the strict letter of any notice or order;
b. That the effect of the application
of the provisions would be arbitrary in
the specific case: and
stgtute an appropriate remedy for thes~
practical difficulties or unnecessary
hardships and this arbitrary effect: and
d. That sucb variance is in harmony
] with the general purpose and intent of
this Ordinance in securing the public
health sa]cry and general welJhre.
ARTICLE XlV
ENFORCEMENT OF THE ORDER
OF THE HEALTH OFFICER
Section 20.14,01 Order Enforcement,
la) General. After any order of the
Health Officer mnde pursuant to this
Code shall have become fina[ no person
to whom any such order is directed shall
fai~ neglect or refuse to obey any such
order.
lb) Health Officer Options. If at the end
of the period of time allowed cdr the cor-
rection of any alleged violation and upon
reinspection it ~s determined that
violat~o~ ~aw not been corrected, th~
Health Officer may initiate any or all of
the follewing actions to insure compll-
(1) Initiate legal proceedings for the
immediate correction of the alleged viD.
~tions: and/or
(2) Revoke any operating license
and/or order the dwelling, dwelling unit
or rooming umt vacated within a speci-
fied period of time: or
(3) Cause the building to be repaired in
accordance with Section ~0-14.02(b)(~)
and the cost thereo~ recovered ~n the
manner herei~fter ,~rovlded by this
(4) Upon an agreement by the person
required to conform to the order that he
will comply with the order if allo~ ed ad-
ditior~l time. !he Health Officer may
grant a reasonable extension of time.
lc) Placarding ot Dwellings and Dwell-
ing Units: The designation of dwellings
or dwelling units as unfit for h.~tman
habitation and the procedure for the pla-
carding of such unfit dwellings or dwell~
~ng units shall be as follows:
(1) Whenew ~ the Health Officer shall
determine that a dwelling or dwelling
unit is unfit for human habitation, he may
placard the dwelling or dwelling umt as
unfit for human habitation and notify the
owner of his findings as provided in this
Ordinance. Any dwelling or dwelling
unit which the Health Officer shall find to
have an~ of the following defects ma~ be
placarded as unfit for human habitatla~z
a. One which is so damaged,
cayed, dilapidated, unsamtar~, unsafe or
vermin infestad that il creates a hazard
to the health or welfare of the occupants
or of the public: or
b. One which lacks illumination,
ventilation or sanuary facilities ade-
quate ~o protect the health or welfare of
the occupants or of the public: or
c. One which, because of its general
condition is unsanitary or otherwise dan-
gerous to th~ health or welfare of the oc-
cupants or of the ~ublic.
d, An~ dwelling or dwellinq umt
may be pldcarded as unfit ~or human
habitation b~z ~he Health Officer if the
owner or occupant ]hiled to comvlv with
any order based on the provistons qf this
Ordi~mnce or any tales or regulations
ndopted pursuant thereto; provided, !hat
such dwellin§ or dwelling unit is, in th~
opinion of the Health Officer, unfit for
haman habitation by ceason of such
£ailure to comply.
Section 20-14.02 Notice to Owner of In-
tent to Institute Condemnation Pro.
ceedings, la} Failure to Comply. Whe,~ a
dwelling or d?ellin§ unit has been pla-
462 Special Session. December 22. 1980
carded as unfit for human habitatla,
the owner or agent thereof has failed to
comply with the notices a~d orders of the
Health Officer pertaining there to a~ pro-
vided in Section 20o11.01 of this Ordi~
nance or has no t availed himself of the ap~
peal procedures as provided by Section
20-13.01. or has filed an appeal and
been denied relie f JYom or modification af
the requirements to comply with this Or-
dinance, the Health Officer may, at the
expiration of the alletted time for compli-
anco and appeal serve notice o] ~ntent to
condem~, Such notice shalk
(1) Be put in writing;
f2] Includ~ a description of the real
estate sufficient for identificatior~
(3] include a statement ~,f the reason or
reo~o~ why it ~s being issue&
(4] Include a description of the repairs
and improvements required to briny th~
placarded dwelling or dwelling unit into
compliance with the proviswns Dj this
Ordi~nce and any rules or regttlatla~.~
adopted pursuant thereto, and
(§} Be served upon the owner or a~lent
as provided i~ Section 20-11.01
(b) Vacation of Placarded Dwel~ings
and Dwelling Units.
(1) Any dwelling or dwelling unit which
has been placarded as unfit for human
habitation by the Health Officer shall be
vacated within a reasonable length of
time as required by said Health Officer,
No owner or operator shall lat to any per-
son for human habitation and no person
shall occupy any dwelling or dwelling
unit which has been placarded by the
Health Officer after the date on which
said Health Officer has required the a~
fected dwelling or dwelling unit to be va.
coted.
(2) Placard Not To Be Removed Until
Defects Are Eliminated. No dwelling or
dwelling unit which has been placarded
as unfit for human habitation shall again
be used for human habitation until wrib
ten approval is secured .from. and such
placard is remo~ ed by the Health Office~:
The Healtt~ Officer shall remove such
placard whenever the defect or deJbcts
upon which the placardin§ ac~on ~as
based has been eliminated or when the
~wellin~ or dwelliny unit has been con.
demned and demolition or removal is uw
dertake~
carded as u~f~t for human hl~,bitatilm
Officer provided:
(1) The building or structure has been
PERFORMANCE OF WORK
OF REPAIR OR DEMOLITION
Of J~cer. Plans and specifications therefor
Special Session. December 22, 1980
463
the wori~ a description of the real pro-
perty upon which the building or struc-
ture is or was located, and the names and
addresses of lhe persons entitled to
nolic( pursuant to subsection
ARTICLE XVll
TITLE 24 OF THE CODE OF FEDERAL
REGULATIONS: SECTION 882.109(A)
THROUGH (~-) HOUSING QUALITY
STANDARDS
Section 20.17.00. Housiny used in this
program' shall meet the Performance
Requirements setforth in this Sectio~ I~
additio~ the housing shall meet the Ac.
ceptability Criteria set forth in this Sec-
lion except for such'variations as are pro*
posed by the PHA and approved by
HUD. Local climatic or yeological condi-
twns or loca~ codes are examples which
may ~ustify s~ch variations.
*The term "this program" shall be inter-
preted to mean the Section VIlI Housing
Assistance Payments Program.
Section 20.17.01. Housing Quality
Standards.
fa) Sanitary Facilities. (1) Performance
Requirement, The dwelliny unit shall
clude its own sanitary facilities which are
~n proper operatin§ condillac, can be
used in privacy, and are adc quate for per-
sonal cleanliness and the disposal of
(2) Acceptability Criteria. A flash toilet
in a separate private room, a fixed basin
wit~ hot and cold running water, and a
shower or tub with ho~ and cold running
water shall be present i~ the dwelling
uni~ all in proper operatin§ condition,
These facilities shall utilize an approved
public or private disposal system
(bi Food Preparatlo~ an~ Refuse Dis-
posal,
(1) Performance Requirement. The
dwelling unit shall contain suitable space
shall be adequate facilities and services
for the sanitary disposal of food wastes
and reJ~tse, including facilities for tem-
~ (2) Acceptability Criteria, The unit shall
contain tt~e following equipment ~n pro-
~ per operatin9 conditio~z cookiny stove or
range and a refrigerator of appropriate
size for the uni~ supplied by either the
Owner or the Famil~ and a kitchen sink
wit~ hot and cold running watch The
sink shall drain into an approved public
or private system. Adequate space for
the storage, preparation and serving of
food shall be provided There shall b~
adequate facilities and services for the
sanitary disposal of .food was~es and
refuse, including facilities for temporary
(c) Space and Security.
(1) Performance Requirement. The
dwelling unit shall afford the family ade-
quate space and security.
(2) Acceptability Criteria. A living room,
kitchen area, and bathroom shall be pre.
sent; and the dwelling unit shall contain
at least one (1) sleeping or livi~g/sleeping
room of appropriate size for each two
~ersons. Exterior doors and windows ac-
cessible from outside the unit shall be
lackable.
(d) Thermal Environment.
(1) Performance Requirement. The
dwelling unit shall have and be capable af
maintaining a thermal environment
healthy for the human body.
(2) Acceptability Criteria. The dwelling
.unit shall contain safe heating and/or
cooling facilities which are in proper
operating condition and can provide ade-
,unto heat and/or cooling to each room in
the dwelling unit appropriate for the cli-
mate to assure a healthy living envirow
mont. Unvented room heaters which
table.
(e) Illumination and Electricity.
(t) Perlormance Requirement. Each
room shall have adequate natural or artl-
~icial illumination to permit normal in-
door activities and to support the health
and safety of occupants. Sufficient elec-
trical sources shall be provided to permit
use of essential electrical appliances
while assuring safety from fire.
(2) Acceptability Criteria. Living and
slaeping rooms shall include at least one
(1l window. A ceiling or wall type light
tincture shall be present and working in
the bathroom and kitchen area. A t least
two (21 electrical outlets, one of which
may be an overhead light shall be pre-
sent and operable in the living area, kit-
chen area, and each bedroom area
(f) Structure and Material.
(1) Performance Requirement. The
dwelling unit shall be structurally sound
so as not to pose any threat to the health
a?~d safety of the occupants and so as to
protect the occupants from the environ-
(2) Acceptability Criteria. Ceilings, walls
and/loot shall not have any serious de~
~ects such as severe bulging or leaniny,
large holes, loose surface materials,
severe buckling or noticeable movement
u~ler walking stress, missing parts or
other serious damage. The roof structure
shall be firm and the roof shall be
weathertight. The exterior wall st.ruc-
lure and exterior wall surface shall not
have any serious defects such as serious
leaning, buckling, sagging, cracks or
holes, loose siding, or other serious d~m-
age. The condition and equipment of
464 Special Session, December 22. 1980
terior and exterior stairways, halls.
porches, walkways, eta, shall be such as
not to present a danger of tripping or fall-
ing. Elevators shall be maintained in safe
a~ul operating condition. In the case af a
mobile home, the home shall be securely
anchored by a tiedown device which dis-
tributes awl transfers the loads imposed
by tko unit to appropriate ground
chors so as to resist wind overturning
and sliding.
(gl Interior Air Quality.
(1) Performance Requirement. The
dwelling unit shall be free of pollu tants in
the air at levels which threaten the
health of the occupants.
(2) Acceptability Criteria. Dwelling
units shall be free fr~rm dangerous levels
of air pollution from carbon monoxide,
sewer gas, fuel gas, dust and other harm-
ful air pollutants. Air circulation shall be
adequate throughout the unit. Bathroom
areas shall have at least one tit openable
window or other adequate exhaust vew
(h) Water Supply.
(1) Performance Requirement. The
water supply shall be free from contami-
~tiov,
(2) Acceptability Criteria. The unit shall
be served by an approved public or pri-
vate sanitary water supply,
(i) Lead Based Paint.
(1) Performance Requirement. (il The
dwelling unit shall be in compliance with
HUD Lend Based Paint regulations, 24
CFR, Part 35, issued pursuant ~o the
Lead Based Paint Poisoning Prevention
Ac~ 42 U.S.C. 4801, and the owner shall
provide a certification that the dwelling
is in accordance with such HUD Regula.
(fl) If the property was constructed prior
to 1950, the family upon occupancy shall
have been furnished the notice required
by the HUD Lead Based Paint regula-
tions and procedures regarding the
hazards of lsad based paint poisoning, the
symptoms and treatment of lead pmson-
ing and the precautions to 5e taken
against lead poisoning.
(2) Acceptability Criteria. Same as Per-
formance Requirement.
(j) Access.
(1) Performance Requirement. The
dwelling unit shall be usabls a~l capable
of being maintained without u~uthor-
izod use of other private properties, a~l
the building shall provide an alternat~
means of egress in case a/fire
(2) Acceptability Criteria. The dwelliny
unit shall be usable and capable of being
maintained without unauthorized use of
other priwzte propertiss. The building
shall provide an alternate means o]
egress in case a/fire [such as J~re stairs or
egress through windowst.
(k} Site and Neighborhoods.
(11 Performance Requirement. The site
and neighborhood shall be reasonably
free from disturbing noises and reverber-
ations at~l other hazards to the health.
safety and general welfare of the occu-
pants
(2) Acceptability Criteria. The site and
neighborhood shall no~ be subject to
semous advers~ environmental condi-
tions, natural o? marinade, such as
dangerous walks, sgeps, instability,
flooding, poor drainage, septic tank back-
ups, sewaqe hazards or mudslides: ab.
normal ~w pollution smoke or ~us&'
excessive notse, vibrations or vehicular
traffic, excess*ve accumulation of trash:
vermin or rodent injbstations: or fire
hazards
(Il Sanitary Conditions.
(1) Performance Requirement. The
and its equipment shall be in sanitary
conditiov.
(2) Acceptabilily Criteria. The unit and
its equipment shall be free of vermin and
rodent infestation,
ARTICLE XVIII
ABROGATION. REPEAL
AND VALIDITY
Section 20.18.01. (al Abrogation. Th~
provisions of this chapter shall not abro-
gate the responsibility of any person to
comply with any promswns of the Iowa
State Building Code: Fire Prevention
Codex Plumbing, Electrical Building,
and Zoning Codes and Ordinances of the
City of Dubuque. Iow~
(b) Repeal of Conflicting Ordinances
and Codes. A Il Ordinances and Codes. or
parts thereof conflicting or inco~sistent
with the provisio~ls of this Ordinance or
Code here by adopted or any ordinance or
code hereby adopted by reference, are
hereby repealed but such repeal is to be
without prejudice ~o any rights hereto.
fore created, unless specifically referred
to exis ting conditions: and without pre)u.
dice to any penalties now accrued or any
prosecutwns £or past violations a/any or.
dinance or code for which prosecutions
are now pending, or might have been
brought and such rights, penalties or pro-
secutions are hereby expressly saved to
the City of Dubuque, or any other per-
sons in interest.
(c) Validity. The City Council of the City
of Dubuque, Iow~ hereby declares that
should any sectio?~ paragraph, sentence
or word of this Ordinance or of this Code
hereby adopted or any code or ordinance
adopted by reference, be declared for any
reason to be invalid it is the in~en~ of
City Council of th( City of Dubuque,
Iowa that it would haw passed all other
portions o2 this Ordinance or Code or o£
Special Session, December 22, 1980
465
the ordinance or code hereby adopted in-
dependent a/the elimination here from of
any such portion as may be declared in.
valid~
(d) Date of Effect. This Ordinance or
Code shall take effect and be i~ full force
from and after ~ts approval as required
by law.
Passed. adopted~ and approved this
~nd day of December, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
~Iichael W. Pratt
John L. Felderman
Council Members
ATTESZ'
Mary A. Davis
Cit~ Clerk
Published officially in the Telegraph
Herald ~his 12th day of January, 1981.
Mary A. Davis
City Clerk
It 1/12
Council Member Felderman moved
final adoption of the Ordinance. Seconded
by Counefi Member Pratt. Carried by the
following vo~e:
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King, Pratt.
Nays-None,
Proof of publication, certified to by the
Publisher. of Notice oi Public Hearing ~o
consider an Ordinance relative to estab-
lishing fees fur inspections subject to jur-
isdiction of Chapter 20 of the Code of Or-
dinances, presented and read.
Council Member Felderman moved
that the proof of publication be received
and filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King, Pratt.
Nays-None,
ORDINANCE NO. 72-80
AN ORDINANCE ESTABLISHING FEE
SCHEDULES FOR OPERATING LI.
CENSES OF RENTAL DWELLINGS, IN-
SPECTION OF CERTAIN DWELLINGS
i AND RE. INSPECTION OF CERTAIN
DWELLINGS IN ALL AREAS UNDER
1 THE JURISDICTION OF THE GOVERN'
MENT OF THE CITY OF DUBUQUE, RE'
QUlRED PURSUANT TO CHAPTER 20
OF THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA.
WHEREAS THAT CHAPTER 20 OF THE
CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA, REQUIRES
THAT FEES BE CHARGED FOR LI.
CENSE AND CERTAIN INSPECTIONS
AND REdNSPECTIONS WITHIN THE
CORPORATE LIMITS OF THE CITY OF
DUBUQUE, IOWA, said Ordinance
having previously been presented and
~ead at the Council Meetings of Nove~n-
her 17th and December 8th, presented for
final adoption.
ORDINANCE NO. 72-80
AN ORDINANCE ESTABLISHING FEE
SCHEDULES FOR OPERATING LI.
CENSES OF RENTAL DWELLINGS. IN-
SPECTION OF CERTAIN DWELLINGS
AND REdNSPECTION OF CERTAIN
DWELLINGS IN ALL AREAS UNDER
TH E JURISDICTION OF THE GOVERN'
MENT OF THE CITY OF DUBUQUE. RE-
QUIRED PURSUANT TO CHAPTER 20
OF THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA.
WHEREAS THAT CHAPTER 20 OF THE
CODE OF ORDINANCES OF THE CITY
OF DUBUQUE. IOWA REQUIRESTHAT
FEES BE CHARGED FOR LICENSES
AND CERTAIN INSPECTIONS AND
RE. iNSPECTIONS WITHIN THE CDR.
PORATE LIMITS OF THE CITY OF DU.
BUQUE, IOWA.
THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
~)UBUQUE, IOWA: That fees are estab-
lished for rental dwelling operating li-
censes: inspections of c~ ~tain dwellings,
re-mspectwns of certain dwellings and
~or certain requested inspection of dwelb
ings as ~ollows:
ARTICLE I
Snctlon 1.Ot, Title. Tkls Ordi~nce
shall be known as the "Dwelling Licens~
a?~d lnspecrwn Fee" Ordi~nce.
Section 1,02. Purpose. The pu~Tose of
this Ordilmnce is !o specify fees ~o be
charyed for rental dwelling operating li-
censes, inspection of certain dwellings
and re-inspection of certain dwellings
pursuant to Chapter 20 a/the Code a/Or-
dinances of the City of Dubuque. Iowa
Section 1,03. Scope. The provisions
of this Ordinance shall apply ~o all build-
rags or portions thereof designed~ used or
intende~ to be used for human habita-
Section 1.04. Fees. (al General.
Whenever a fee is required by Chapter
~0 of the Code of Ordinances, such appro-
priate fees shall be paid in full to the City
of Dubuque b~ the owner or person re-
sponsible.
(b) Rental Dwelling Operating Lt.
cerise Fees. The annual fee for operat-
ing rental dwellings shall be as follows:
Each Dwelling [Building) -- Ten
Dollars -- t$10. OOI per dwelling.
Each Dwelling Unit -- Four Dollars
-- [$4.00l per unit.
Each Rooming Unit -- One Dollar --
[$1.00) per
Motel and HoteI Room -- One Dollar
-- [$1.00t p~ r room.
(c) Dwelling Inspection Fees.
(1) Presale and~or Mortgag~ mspe~:-
466 Special Session, December 22, 1980
Dollars -- ($75.00) per unit.
Each A dditionaI Dwelling Unit -- Ten
Dollars -- ($10.00l per unit
(21 Additional Enforcement Reinspec-
Basic Charge -- Twenty-Five Dollars
-- f$25.00l per building.
PLUS -- Two Dollars -- ($2.00l per
For purposes of this sectio~ a ~¥oom/
slice "is defined as any room used for liv-
ing, eating, sleeping, cooking, laundry,
bathing, rode& recreatio~, and includes
furnace/boiler rooms, basements stair-
halls and attics.
Passe& adopte¢~ and approved this
22nd day of Decemben 1980.
Carolyn Farrell
Mayor
D. Michael King
Michael W. Pratt
John L. Felderman
Council Members
A TTESY~
Maru A. Davis
Cit~ Clerh
Published officially in the Telegraph
Helm newspaper this 12th day of Jehu-
Mary A. Davis
City Clerk
Council Member Fe]derman moved
final adoption of the Ordinance. Seconded
by Council Member Pra~L Uarried by the
following
Yeas-Mayor Farrell, Council Members
Brady, Felderman. King, Pratt.
Petition of Al Polsean requesting to
dress the Council on Street Program and
Sewers, presented and read.
Council Member Felderman moved
that the petition be received and filed and
referred to City Manager. Seconded by
Council Member Pratt. Carried by the
following vo~e:
Yeas-Mayor Farrell. Council Memhers
Brady, Felderman. King, Pratt.
Nays-None.
Al Polsean spoke ~o the petition re
questing answers m: D how much is
sewer on Crescent Ridge going to cost:
when are they going ~o bring water in.
and the cos~ estimate: 3~ how was the
Road (Penn. to Radford) paid for?; 4) how
stressed that Crescent Ridge is in the
~orst condition yet, though not up for fix-
mg until 1985, at which time it will be
Communication of Navy League of the
U.S. objecting to memormh in honor of
Chaplain Schmitt. being altered or moved
to a different [near,on on Schmitt Island
and requesting to be informed of any decl-
~ions relating to the Memorial Site and irs
~mprovements, presented and read.
Harold Meloy of 510 W. 11th St. spoke
to the communication requesting Schmitt
Memorial be left as is.
CounciI Member Felderman moved
that the communication be received and
filed and referred to City Mgr. and staff.
Seconded by Council Member Pratt. Car-
ried by the following vote:
Yeas-Mayor Farrell, Council Members
Brady, Felderman. King, Pratt.
Nays-None.
Terry Harrmann submitting resolu-
tion requesting Dubuque Crime Preven.
finn Coalition, Inc. be recognized as an of-
ficial Crime Prevention Organization,
presented and read.
Mr. Harrmann spoke to the eommum-
cation requesting support of the Dubuque
Crime Preven;mn Association.
Council Member Felderman moved
that the resolution be received and filed
and'Peferred to the City Mgr. and Staff
for comments and recommendations.
Secod~0tl by Council Member Pram Car-
ried by the following vote:
Yeds Mayor Farrell Counci Members
Brady, Fe derman. King, Pratt.
Nays-None
Communigation of City Manager re-
questing Mayor be authorized to execute
a Historic Preservation Covenant for
Carnegie-Stout Public Library, pre-
sented and read.
Council Member Pratt moved ~hat the
communication be received and filed
Seconded by Council Member King Car-
ried by the folIowing vote:
Yeas-Mayor Farrell Council Members
Brady, Fe derman. King, Pratt.
Nays-None.
RESOLUTION 369-80
Authorizing Mayor to Execute a Cove,
nant with the iowa State Historical De.
~oartment for Grant-In.Aid Assi.s, tance
r the Carne~gie-Stout Public LiUrary.
WHEREA~, consh ut[ion o£ a new ad-
dition and renovation of the existing Car-
negie-Stout Library is now under
tract: and
WHEREAS, the Library Board in the
name of the City of Dubuque has app ed
for a grant-in-aid assistance from the
Iowa State Historical Department, Divi-
sion of Historic Preservation: and
WHEREAS, the City of Dubuque
agrees to assume the cost of co~Hnued
torical and archeo og cai integrity of the
property for ten years subsequent to the
date of approvaI of grant-in-aid assis-
tance; and -
WHEREAS, the City of Dubuque
ti~ns will be made to the property with-
Special Session, December 22, 1980
om prior written authorization of the
Iowa State Historical Department: and
WHEREAS. the amount of the pro-
posed grant is $29,150.00, which will be
applied towards construction of the ex-
ternal renovation of the existing struc-
ture of the Carnegie.Stout Public Li-
brary.
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1, The Mayor be authorized to
execute a ttistorical Preservation Cove-
nant with the Iowa State Historical De-
partment. Division of Historic Preservw
finn, under which covenant, the Iowa
State Historical Department will provide
a grantdn-aid assistance of $29.150.00.
Passed. adopted, and approved this
22nd day of December. 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
Michael W, Pratt
John L. Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adopuon
of the Resolution. Seconded by Council
Member King. Carried by the following
Yeas-Mayor Farrell. Council Members
Brady, Felderman. King, Pratt.
Nays-None.
Communication of City Mgr. submit-
ting Matching Resolution requesting ad-
ditional funds for the Northeast Iowa
Area Crime Commission, presented and
Council Member Felderman moved
that the communication be received and
filed. Seconded ny Gouncn Member
Brady. Carried by the following vo;e:
Yeas-Mayor Farrell. Council Members
Brady~ Feldermam Kin~, Pralt
Nays-None
Matching Resolution
RESOLUTION NO. 370-80
WHEREAS, the City of Dubuml~.
iowa, by resolutmn duly passed hervt~
fore, has resolved that it will provide dur-
ing the fiscal year of 1981-t982 cash funds
for the following Grime Commission pro
ject:
Area Administration for the Northeast
Iowa Area Crime Commission -
$1,746.00.
467
Passed, adopted, and approved this
22nd day of December, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
Michael W. Pratt
John L. Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Felderman moved
adoption of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Farrell. Council Members
Brady, Felderman. King, Pratt.
Nays-None.
Communication of City Mgr. submit-
ting Ordinance repdallng City Ordinance
Sec. 25-187 .Iici pertaining to School Buses
Discharging Pupils, presented and read.
Council Member King moved that the
communication be received and filed.
Seconded by Council Member Pratt. Car
tied by the following vote:
Yeas-Mayor Farrell. Conned Members
Brady, Felderman. King, Pratt.
Nays-None.
ORDINANCE NO. 73-80
AN ORDINANCE OF THE CITY OF DU-
RUQU E, IOWA. PROVIDING THAT THE
CODE OF ORDINANCES, CITY OF
BUQUE, IOWA, BE AMENDED BY RE.
VISING SECTION 25. t87.1 OF SAID
CODE: PROVIDING THAT CERTAIN
WORDS IN SUBSECTION (a) OF SEC-
TION 25.187.1 BE DELETEDAI~D PRO-
VlDING THAT SUBSECTION (c) OF
SECTION 25-187.1 BE REPEALED, pre-
sensed and read
Council Member King 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 Farrell. Council Members
Brady, Felderman, King Pratt
Nays-None.
Council Member King moved that the
rule requiring an Ordinance to be receiv-
ed and filed at two meetings nrior ~o the
mccLing when final action is taken bc dis
pensed with. Seconded by Council Mere
her Pratt. Carried by the followin~ vote:
Yeas-Mayor Farrell. Council Members
Brady, Felderman Kine. Pratt
ORDINANCE NO. 73-80
AN ORDINANCE OF THE CITY OF DU-
BUQUE, IOWA PROVIDING THAT THE
CODE OF ORDINANCES, CITY OF DU-
BUQUE, IOWA, BE AMENDED BY RE-
VISING SECTION 25-187.1 OF SAID
CODE; PROVIDING THAT CERTAIN
468 Special Session, D
ecember 22, 1980
WORDS IN SUBSECTION (a) OF SEC-
TION 25-187.1 BE DELETED AND PRO-
VIDING THAT SUBSECTION (c) OF
SECTION 25-187.1 BE REPEALED.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Section .25-187.14,) of
the Code of Ordinances of the City of Du-
buque, Iowa, be amended by deleting the
words 't ..o -n the streets designated by
subsection (0 of this section..."
Section 2. That Section 25-187.1(0) of
the Code of Ordinances of the City ofDu-
buque, Iowa is hereby repealed and de-
clared null and void and of no effect.
Section 3. That alt ordinances or parts'
of ordinances in conflict with this ordi-
nance are hereby repealed
Passers adopted, and approved this
22nd day of December, 1980.
Carolyn Farrell
Mayor
James E. Drady
D. Michael King
Michael W. Pratt
John L. Felderman
Council Members
A TTE:ST.
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 30th day of De-
cember, 1980.
Mary A. Davis
City Clerk
It 12/30
Council Member King moved final
adoption of the Ordinance. Seconded by
Council Member Pratt. Carried by i.he
following vote:
Yeas -Mayor Farrell, Council Members
Brady, Felderman, King, Pratt.
Nays -None.
ORDINANCE NO. 74.80
AN ORDINANCE ESTABLISHING THE
JACKSON PARK URBAN REVITALI-
ZATION AREA CONTAINING THE
PROPERTIES HEREINAFTER DE-
SCRIBED, PURSUANT TO THE RE.
QUIREMENTS OF HOUSE FILE 81,
ENACTED BY THE 68TH GENERAL
ASSEMBLY OF THE STATE OF IOWA,
said Ordinance having been previously
presented and read at the meetings of
Nov. 17th and December 8th, presented
for final adoption.
ORDINANCE NO. 74-80
AN ORDINANCE ESTABLISHING THE
JACKSON PARK URBAN REVITALI-
ZATION AREA CONTAINING THE
PROPERTIES HEREINAFTER DE-
SCRIBED, PURSUANT TO THE RE-
QUIREMENTS OF HOUSE FILE 81, EN-
ACTED BY THE 88TH GENERAL AS-
SEMBLY OF THE STATE OF IOWA.
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the properties herein-
after
ereinafter described shall hereafter be desig-
nated an urban revitalization area pursu-
ant. to House Fite 81, as enacted by the
68th General Assembly of the State of
Iowa, 1979, to wit:
All of City Lots 453 thru 455, inclu-
sive; all of City Lots 462 and 462A; alt
of City Lots 463 and 463A; all of City.
Lots 470 thru 475, inclusive; City Lot
470A; all of City Lot 664; all of Lot 1
of City Lot 667; all of City Lot 671; all
of City Lots 672 and 672A; all of City
Lots 673 and 673A; all of City Lot 674;
and all of Lot 7 of City Lot 675.
All of Lots 14 thru 17, inclusive; all
being in Dorgan's Subdivision,
All of Lots 1 through 15, inclusive;
all being in D.N. Cooley's Subdivision
Section 2. That the .Jackson Park Ur-
ban Revitalization Plan hereto attached
as Exhibit "A" is herebyadopted and ap-
proved and the properties within said de-
scribed area shall be subject to the provi-
sions of said Plan.
Passed, adopters, and approved this
22nd day of December, 1980.
Carolyn Farrell
Mayor
.James E. Brady
D. Michael King
Michael W. Pratt
John L. Felderman
Council Members
ATTEST.
Mary A. Davis
City Clerk
Published officially in the 7'elegraph
Herald newspaper this 30th day of De-
cember, 1980.
Mary A. Davis
City Clerk
11 12/30
Council Member Pratt moved adoption
of the Ordinance. Seconded by Council
Member Felderman. Carried by the fol-
lowing vote:
Yeas -Mayor Farrell, Council Members
Brady, Felderman, King, Pratt.
Nays -None.
Communication of City Mgr. submit-
ting resolutions providing for the estab-
lishment of a proposed plan for the West
11th Street Urban Revitalization Area,
presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Felder -
man. Carried by the following vote:
Yeas -Mayor Farrell, Council Members
Brady, Felderman, King, Pratt.
Nays -None.
Special Session, December 22, 1980 469
RESOLUTION NO. 371.80
A Resolution Finding that the Rehabili-
tation and Conservation of the Herein-
after Described Properties, Compri-
sing the West Eleventh Street Area, is
Necessary in the Interest of the Public
Health, Safety and Welfare of the Resi-
dents of the City.
WHEREAS, House File 81, as enacted
by the Iowa State Legislature in 1979,
allows cities to give property tax exemp-
tions for properties on which improve-
ments have been made in a designated
revitalization area, and further authoriz-
es cities to issue revenue bonds for revi-
talization and urban renewal areas; and
WHEREAS, the West Eleventh
Street Area as hereinafter described, is
an area containing a substantial number
of deteriorated or deteriorating struc-
tures, retarding the provision of housing
accommodations; and
WHEREAS, said area has a predomi-
nance of buildings and improvements
which are significant by reason of age,
history and architecture, and shouldbe
preserved or restored to productive use;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY. COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the rehabilitation and
conservation of the hereinafter described
area is hereby found to be necessary in
the interest of the public health, safety
and welfare of the residents of the city,
which area's boundaries are described as
follows:
Beginning at the intersection of the
center line of Alta Vista Street and the
center line of Loras Boulevard; pro-
ceed southerly along the center line of
Alta Vista Street to its intersection
with the center line of University Ave-
nue; Thence easterly along the center
line of University Avenue and ex-
tended eastetly along the center line
of West Ninth Street to its intersec-
tion with the center line of Bluff Street;
thence northerly along the center line
of Bluff Street to its intersection with
the center line of Tenth Street; thence
easterly along the center line of Tenth
Street to its intersection with the cen-
ter line of the alley between Locust
Street and Main Street; thence north-
erly along the center line of the alley
between Locust Street and Main
Street to its intersection with the cen-
ter line of Thirteenth Street; thence
easterly along the center line of Thir-
teenth Street to its intersection with
the centerline of Main Street; thence
northerly along the center line of Main
Street toits intersection with the cen-
ter line of Loras Boulevard; thence
westerly along the centerline of Loras
Boulevard to its intersection with the
center line of Bluff Street; thence.
northerly along the center line of Bluff
Street to a point on the center line of
Bluff Street; thence westerly along the
northerly boundary of Lot, sub. 2 of
City Lott sub. 2-2 City Lot 667 Lot 2
to a point intersecting the easterly
boundary of Lot, sub. Lot 3 of City Lot
667, Lot 1; thence northerly along the
easterly boundary of Lot, sub. Lot 3 of
City Lot 667, lot 1 to itsintersection
with the northerly boundary of said lot;
thence westerly along the northerly
boundary of said lot, to the point in-
tersecting the easterly right-of-way
line of Montrose Street; thence north-
erly along the easterly right-of-way
line of Montrose Street to its intersec-
tion with the southern point of Lot, Lot
2 of Lot 10 and Lot 11; thence north-
westerly along the southwestern lot
line of Lot, Lot 2 of Lot 10 and Lot 11
continuing to its intersection with the
southwesternpoint of Lot, NW41.9'
Lot 14; thence northerly along the
westerly boundary of Lot, NW41.9'
Lot 14 to its intersection with the
center line. of West Seventeenth
Street; thence westerly along the cen-
ter line of West Seventeenth Street
to its intersection with the center line
of Cox Street; thence southerly along
the center line of Cox. Street to its in-
tersection with the center line of Loras
Boulevard; thence westerly along the
center line of Loras Boulevard to its
intersection with the center line of
Alta Vista Street, which is the point
of beginning.
Section 2. That the above-described
area meets the eligibility criteria of sec-
tion one (1) of House File 81, as enacted by
the General Assembly of the State of
Iowa, 1979.
Passed, adopted, and approved this
22nd day of December, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
Michael W. Pratt
John L. Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Felderman, Carried by the fol-
lowing vote:
Yeas -Mayor Farrell, Council Members
Brady, Felderman, King, Pratt....
Nays -None.
RESOLUTION NO. 372-80
A Resolution Acknowledging a Pro-
470
Special Session, December 22, 1980
posed Plan for the West Eleventh
Street Urban Revitalization Area. and
Providing for a Public Hearing.
WHEREAS. Resolution No. 371-80 has
set forth a finding that the West
Eleventh Street Area meets the eligibil-
ity criteria of section one ID of House File
81. known as the Iowa Urban Revitaliza~
lion Act, and that the rehabilitation and
conservation of said Area is ~n the inter-
est of the public health, safety and weL
late of the residents of the city: and
WHEREAS. House File 81 provides
that a public hearing shall be held on a
proposed plan for the revitalization area:
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE. IOWA:
Section 1. That the Proposed Urban
Revitalization Plan for ~he West
Eleventh Street Area. hereto attached.
shall be made a matter of record and shall
be available for public inspection in the o5
rice of the City Clerk and in the Planning
Division of the Department of Commw
airy Development,
Section 2. That a public hearing shall
be held by the City Council on the pro~
posed plan on February 2. 1981.
Section 3. That following said public
hearing, the proposed plan may be adopt~
ed. amended, referred to a second hear-
lng, or rejected by the City Council, as
provided for by House File 81.
Section 4. That notice of the pendency
of the proposed plan shall be given ac-
cording to the requirements of House
File 81
Passed. adopted, and approved this
22nd day of December. 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
Michael W. Pratt
John L. Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Felderman. Carried by the fol-
lowing vote:
Yeas-Mayor Farrell. Council Members
Brady. Feldermar~. King, Pratt.
Nays-None.
Communication of Corporation Coun-
sel submitting Consent Decree pertain-
ing to Wastewater Treatment Plant, pre-
sented and read,
Council Member Fe]derman moved
that the Council authorize Mayor and
Corporation Counsel to execute Consent
Decree. and extend Mr. Murray and Mr.
Russo appreciation for a lob well done.
Seconded by Council Member Pratt. Car-
ried by the following vote:
Yeas-Mayor Farrell. Council Members
Felderman. King, Pratt.
Nays-Council Member Brady.
Communication of City Mgr. advising
of completion of Wastewater Treatment
Facilities - Phase II - Contract IV and re
commending acceptance, presented and
read.
Council Member Pratt moved that the
communication be received and filed and
requested that before any further pay-
ment be made to HD & R that the matter
come back to the Council. Seconded by
Council Member Felderman. Carried by
the following vote:
Yeas-Mayor Farrell. Council Members
Brady, Feldorman. King, Pratt.
Nays-None.
(A Resolution Accepting Improvement)
RESOLUTION NO. 373.80
WHEREAS. the contract for the
Wastewater Treatment Facilities ~ Phase
II Contract IV with J.P. Cullen and Son
Construction Corp., Janesville. Wiscon-
sin has been completed and the City
Manager has examined the work and fil-
ed his certificate stating that the same
has been completed according to the
terms of the contract, plans and specifica-
tions and recommods its acceptance.
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That the recommendation of the City
Manager be approved and that said im-
provement be and the same is hereby ac-
cepted and the City Engineer be and is
hereby directed to prepare a plat and
schedule showing the lots or parcels of
real estate subject to assessment for said
improvement and file the same in the of-
rice of the City Clerk subject to public in-
spection and said Clerk shall upon receipt
of such plat and sc,hedule publish the
notice of the Council s intention to levy
special assessments therefor, as required
b~ law.
BE IT FURTHER RESOLVED. that
the City Treasurer be and he is hereby di-
rected to pay to the contractor from the
funds in the Sewer Construction Account
for the bonds issued upon the above de-
scribed improvement ir amount equal to
the amount of his contract, less any re~
tained percentageprovided for therein.
Passed, adopted, and approved this
22nd day of December. 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
Michael W. Pral~[
John L. Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
Special Session.
)ecember 22, 1980 471
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Felderman. Carried by the fol-
lowing vote:
Yeas-Mayor FarrelL Council Members
Brady, Felderman, King, Pratt,
Nays-None.
Final Estimate
RESOLUTION NO. 374,80
WHEREAS. the contract for the
Wastewa[er Treatment Facilities - Phase
II Contract IV with J.P. Cullen nod Son
Construction Corp., Janesville, Wiscon-
sin has been completed and the City Engi-
neer has submitted his final estimate
showing the cost thereof including the
cost of estimates, notices, inspection, and
preparing the assesment and plat,
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE. IOWA:
That the cost of said improvement is
hereby determined to be $11,465,290.57.
That the cost of said improvements shall
be paid from the Sewer Construction
Fund of the City of Dubuque.
Passed, adopted and approved this
22nd day of December, 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
Michael W. Pratt
John L. Felderman
Council Members
ATTEST:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Felderman. Carried by the fol-
lowing vote:
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King, Pratt.
Nays-None.
Communication of City Mgr. submit~
ting a Street Lighting Program and pro-
posing a system modification, presented
and read,
Council Member Felderman moved
that the communication be received and
filed and approved as is. except for sub-
sections ir) and if), Seconded by Council
Member Brady. Carried by the following
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King, Pratt.
Nays-None.
Council Member King moved that sub-
section lei be tabled until the Council re-
ceives results of discussion from Study
Committee. Seconded by Council Mem-
ber Felderman. Carried by the following
Yeas-Mayor Farrell, Council Members
Brady, Felderman. King. Nays-None.
Abstain-Council Member Pratt.
Council Member Felderman moved
that subsection if) be included in proposal
on the street lighting program. Seconded
by Council Member King. Carried by the
following vole:
Yeas-Mayor Farrell, Council Members
Fe]derman. King, Pratt.
Nays-Council Member Brady.
BOARDS AND COMMUNICATIONS
- Communication of Dr. Frank Cicciarel-
Ii requesting not to be reappointed to the
Plumbing Board, presented and read.
Council Member Felderman moved
that the communication be accepted with
regret and letter of appreciation sent,
Seconded by Council Member Pratt. Car.
ried by the following vote:
Yeas-Mayor Farrell, Council Members
Brady, Felderman. King, Pratt.
Nays~None.
Communication of Eric Melson submit-
ting resignation from Airport Commis-
sion.
Council Member Felderman moved
that the resignation be accepted with re-
gret. Carried by the following vote:
Yeas-Mayor FarrelL Council Members
Brady, Felderman, King, Pratt.
Nays-None.
Council Member Felderman moved
that C.J. May, Jr. be appointed to the Air-
port Commission. Seconded by Council
Member Pratt. Carried by the following
Yeas-Mayor Farrell, Council Members
Brady, Felderman. King, Pratt.
Nays-None.
Council Member Felderman moved
that James Miller be appointed to the
Rehab. Commission. Seconded by Council
Member Pratt. Carried by the following
Yeas-Mayor Farrell. Council Members
Brady, Felderman, King, Pratt.
Nays-None.
Council Member Pratt moved that
John Kivlahan be appointed to the Elec
trical Examining Board. Seconded by
Council Member Brady. Carried by the
following
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King. Pratt.
Nays-None.
Council Member Pratt moved thai
Richard Riedl and Ruby Sutton be reap-
pointed to the Human Rights Commis-
sion and that Esther Chi be newly ap
pointed to the Human Rights Commis-
sion. Seconded by Council Member Fel-
derman. Carried by the following vote:
472
Special Session. December 22. 1980
Yeas-Mayor FarrelL Council Members
Felderman. King, Pratt. Nays-None.
Abstain-Council Member Brady on
Sutton only.
RESOLUTION NO. 375-80
BE IT RESOLVED by the City Council
of the City of Dubuque. Iowa. that the fol-
lowing, having complied with the provi-
sions of law relating to the sale of Cigar-
ettes within the City of Dubuque, Iowa,
be granted a oermit to sell Cigarettes and
Cigarette Papers within said City.
Philhp R. Love - 481 Locust St
Gene Duccini -- 1404 Pine St.
Passed, adopted, and approved this
22nd day of December. 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
Michael W. Pratt
John L. Felderman
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 vo~e:
Yeas-Mayor FarrelL Council Members
Brady, Felderman. King, Pratt.
Nays-None.
RESOLUTION NO, 376.80
WHEREAS. Applications for Beer
Permits have been submitted and filed to
this Council for approval and the same
have been examined and approved: and
WHEREAS. The premises to be occu-
pied by such applicants were inspected
and found to comply with the Ordinances
of this City and have Bled proper bonds:
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE IOWA:
That the Manager be authorized to
cause to be issued to the following named
applicants a Beer Permit,
CLASS "B" BEER PERMIT
United Auto Workers Local 94 IAIso
Sunday Sales) - 3450 Central Ave.
Passed. adopted, and approved this
22nd day of December. 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
Michael W. Pratl
John L. Felderman
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 Farrell, Council Members
Brady. Felderman. King, Pratt.
Nays-None.
RESOLUTION NO. 377-80
WHEREAS, Applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved: and
WHEREAS. The premises to be occu-
pied by such applicants were inspected
and found to comply with the State Law
and all City Ordinances relevant thereto
and they have Bled proper bonds:
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued to the following named
applicants a Liquor License
CLASS "B" (HOTEL-MOTEL)
BEER AND LIQUOR LICENSE
Design Center, Inc. (Also Sunday
Sales] -- 200 Main St.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Jerry Lee James {Sunday Sales Only)
-- 1899 Rockdale Rd.
Philfip R. Love (Also Sunday Sales] -
481 Locust St.
Passed. adopted, and approved ~his
22nd day of December. 1980.
Carolyn Farrell
Mayor
James E. Brady
D. Michael King
Michael W. Pratt
John L. Felderma~
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 vo~e:
Yeas-Mayor Farrel], Council Members
Brady, Felderman. King, Pratt.
Nays-None.
MINUTES SUBMITTED: Doch Com~
mission of 10-1: Five Flags Center Jury
Committee of 12~3: Historic Preservauon
Commission of 11-25; Recreation Com-
mission of 11-1: Transit Board of 11-20:
Library Board of 11-13: presented and
read.
Council Member Pratt moved that the
minutes be received and Bled. Seconded
by Council Member Felderman. Carried
by the following vo~e:
Yeas-Mayor Farrell, Council Members
Brady, Felderman. King, Pratt. Nays None.
NOTICES OF CLAIMS - Ruth F.
Duehr. in unknown amt. for personal in-
Special Session, December 22. 1980
473
juries: Robert M. Reiter vs. City of Dubu-
que, co-defendant, in amt. of $15,000 for
personal injuries and property damage
loss: and Attorney Hughes advising of
filing of Julian Nemmer's petition, pre-
sented and read.
Council Member Pratt moved that ~he
notices, claims and suits be referred to
the Corporation Counsel for investiga-
tion and report, Seconded by Council
Member Felderman, Carried by the foi-
llowing vote:
Yeas-Mayor Farrell, Council Members
Brady, Felderman. King, Pratt.
Nays-None.
Communication of Peoples Natural
Gas advising of rate increase effective
December 27. 1980 presented and read.
Council Member Pratt moved that the
communication be received and filed,
Seconded by Council Member Felder.
man. Carried by the following vote:
Yeas-Mayor Farrell, Council Members
Brady, Felderman. King, Pratt.
Nays-None.
Communication of Counsel for KDUB-
TV. Inc. submitting copy of petition for
consideration for KDUB-TV as submitted
to the F.C.C,; communication of Counsel
for KDUB-TV, Inc. submitting copy of re-
quest for expedited action to F.C.C.:
Counsel for Cedar Rapids Television Co.
submitting Motion for Extension of time
regarding petition of KDUB-TV for Spe-
rial Relief, presented and read.
Council Member Pratt moved that the
commumcatlons be referred to the Cable
TV Commission. Seconded by Council
Member Felderman. Carried by the fol-
lowing vote:
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King. Pratt.
Nays-None.
Communication of City Mgr. submit-
ting reports for month of November
1980, presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Felder-
lman. Carried by the following vote:
Yeas-Mayor Farrelt, Council Members
Brady, Felderman, King, Pratt.
Nays-None
December 8. 1980
Honorable Mayor and Members
of the City Council
Dear Council Members:
In accordance with the provisions of
Chapter 400 ot the 1979 Code of Iowa. the
Civil Service Commission conducted
written examinations for the position of
Automotive Mechanic on December 4.
1980.
The following named applicants are
hereby certified for appointmen~ as lot
tows:
Timothy R. Newman; Michael J. Rini-
ker: Rick P. Kress: Robert E. Bar~on.
Respectfully submitted,
Do]ores A. Reihle
Chairperson
John E. Hess
Civil Service Commission
ATTEST:
Mary A, Davis
Secretary
Subscribed and sworn to before me
this 17th day of December. 1980.
Karen M. Chesterman
Notary Public
Council Member Pratt moved that the
commumcation be received and Bled and
made a mat~er of record. Seconded by
Council Member Felderman. Carried by
the following vote:
Yeas-Mayor FarrelL Council Members
Brady, Felderman. King, Pratt.
Nays-None.
There being no further business, Coun
cil Member Felderman moved to adjourn
Seconded by Council Member Pratt. Car-
tied by the following yom:
Yeas-Mayor Farrell, Council Members
Brady, Felderman, King, Pratt.
Nays-None,
Mary A. Davis
City Clerk
Approved ........................................... 1981
Adopted ............................................. 1981
Council Members
ATTEST:
City Clerk